Loading...
HomeMy WebLinkAbout05-12-1998 Y ~ .r + 'r . 1 ,n Y • 1 1 f 1 i 1 . 1 5 1 ,VIVO** 1 k .1 i 1 ti r p]1 4. 1 ~yy i IY Y City Council Agenda Packet E May 12,1998 { Y ,i • I~ 1: a i, i Y , f ,r r ` ~ ` j , : . I 26 32 TAM" 0 1 +ndwo AGENDA Agenda Na 9 _ O/Q CITY OF DENTON CITY COUNCIL Agenda Item May 12, 1998 Date After determining that a quorum is present and convening in an open meeting, the City Council will convene in a Closed Meeting of the City of Denton City Council on Tuesday, Mcy 12, 1998 at 5:0 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney, Denton, Texas, at which the following items will be considered: 1. Closed Meeting; A. Consultation with Attorney-Under TEX. GOVT, CODE Sec. 551.071 I. Meet with City Attorney to consider strategy, discuss status, appointment h of a representative for possible mediation. and possible settlement authority in F" ,ation styled Denton County fflsrorlcal bfuseum, Inc, v. Denton Cu,in , Texas and City of Denton, Texas, el ar, Ciuse 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 contrau and ownership of mifacts. B. Conference with Employees-Under TEX, GOVT, CODE Sec. 551,075. The Council may receive %iformation 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 d CLOSED MEETING OR ON INFORMATION RECFIVED IN A CONFERENCE WITH EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAI' IS HELD IN COMPLIANCE WITH TEX. GOVT. CODE CH. 551. THE CITY COUNCIL RESERVES THE RIGHI' TO ADJOURN iNfO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT. CODE SEC, 551.001, ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY II EM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETINJ ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITAIION, SECTIONS 551.071-551.085 OF THE OPEN MEETINGS AC T. Special Called Meeting of the City of Denton City Council on Tuesday, May 12, 1998 at 7:00 * u p.m, in the Council Chambers of City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: I 1. Pledge of Allegiance ; A, U,S, Flog B, Texas Flag " j 21 2. "l lonor the Texas Flag 1 pledge allegiance to thee, Texas, one and indivisible," PRESENTATIONS/AWARDS I 3. Proclamat~ ns 4. Yard of the Month Awards 2X10 kil JOURM ` r Ir p . 1 City of Denton City Council Agenda May 12, 1998 Page 2 CITIZEN REPORTS 5. Receive a report from Mildred Hawk regarding trees. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below arc 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 6-16). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, - Consent Agenda Items 6.16 below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items under "Items for Individual Consideration." A citizen may not speak or fill out a "request to speak" form on an item on the Consent Agenda unless the item is removed from the Consent Agenda. the speaker shall be allowed to speak and the item shall then be considered before approval of the Consent Agenda. 6. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of a substation control house and switchgear nEsembly; providing for the expenditure of funds therefor, and providing an effective date. (Bid 02180 - Arco Substation Phase I I Control House and Switchgcar in the amount of 1226,550.00 avvarded to Powell Industries) 7. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the relocation of house from 1301 Myrtle Street, Denton, Texas; providing for the expenditure of funds therefor; and providing an effective date. (Bid 02193 - Moving of [louse awarded to Denson County llousemovers in the amount of $72,700.00) 8. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the lease of office space; providing for the expenditure of funds therefor; and providing an effective date. (Bid #2198 - Lease of Office Space awarded to Ash Properties at $19,560.00 per year) 9. Consider adoption of an ordinance accepting competitive bids and awarding a contract for underground fuel storage tanks and fuel island replacement; providing for the expenditure of funds therefor; and providing an effective date. (Bid #2178 - Underground Storage Fuel Tanks and Fuel Island Replacement in the amount of $176,817.00 awarded to Nor- 1 ex Pump Co., Inc,) 10. Consider adoption of an ordinance accepting competitive bids and providing for the award of a contract for public works or improvements for installation of Oablon Stone channel improvements in North Pecan Creek and Willow Creek in the amount of $208,080.00; providing for the expenditure of funds therefor; and providing an effective 25 .32 x 0 Y ♦ I runs" 0 I City of Denton City Council Agenda May 12, 1998 Page 3 date. (Bid #2185 - Willow, Creek/Good Samaritan Drainage awarded to DBR Construction in the amount of $208,080.00) 11. Consider adoption of an ordinance of the City of Denton, Texas, amending Ordinance No. 97.255 prescribing the number of positions in each classification of police officer; prescribing the number of positions in each classification of fire fighi rr; providing a savings clause; providing a severability clause; and declaring an effective t ate. 12, Consider approval of a tax refund to the Riney Family Trust, account #156326 in the amount of $2,839.16. The 1997 taxes were paid twice, once by Ms. K. L. Riney, Trustee, on December 15, 1997, and once by the party leasing the property on January 28, 1998 resulting in an overpayment. 13, Consider approval of a tax refund to Thomas Merritt, account 0175825 in the amount of $596.42. The 1997 taxes were paid twice, once by Mr. Merritt on December 1, 1997, and once by his mortgage company. NationBanc Mortgage Co„ on December 31, 1997 resulting in an overpayment, 14. Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the City of Aubrey for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement; and providing for an effective date. 15. Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and the City of Corinth for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of s-id agreement; and providing for an efective date. 16. Consider adoption of 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, Median and Grounds Maintenance $21,525.00) I "AC lIFAR1NC 17. Flub a public hearing and consider amending Specific Use Permit 211 (S•211) to allow for an additional 0.788 acres within the approved WP for a maximum of 0.867 acres. The subject property is part of an 18-acre tract bounded by Bonnie Brae, Scripture, and j Thomas, and also known -is McKenna Park. (The Planning and Zoning Commission recommends approval 7.0.) (7.•98.015) O 18. 1[old a public hearing and consider an amendment to the concept plan for 15.8 acres and approval of a detailed plan for 0.472 acres located in Planned Development 83 (PD-83) zoning district to allow for a change in the permitted use from Two Family on six lots to Single Family-6 on three lots that are 6,000 square feet minimum (The Planning and "Zoning Commission recommends approval 7.0.) (Z•98.012, Audra Meadows) c City of Denton City Council Agenda May 12, 1998 Page 4 19. Bold a public hearing and consider rezoning 3.491 acres located on the northeast comer of Highway 377 and Hamilton Road from Agricultural (A) zoning district to Commercial Conditioned (C{c]) zoning district. The property is legally described as part of Tract 15 (in City) of the J. Severe Survey (Abstract 1164), City of Denton, Denton County, Texas. The applicant proposes to develop an office and retail center. (The Planning and Zoning Commission recommends approval 6-1 with conditions.) (Z-98-002) 20. Hold a public hearing and consider approval of a Development Plan, amending the approved concept plan for Plumed Development District Number 20 (PD-20). The 136.365 acres of land is located along the southwest side of Interstate 35•E between Lillian Miller and State School Road. A multiple use development is proposed with light Industrial, General Retail, Office, Multi-Family, Single-Family and Recreation uses. (The Planning and Zoning Commission recommends approval 5.2) (Z•98.014) 21. Hold a public hearing regarding the proposed annexation of a 30.32-acre property located in northwest Denton, north of Flighway 77 near its intersection with Interstate 35. 11 EMS FOR INDIVIDUAL CONSIDERATIQN 22. Consider adoption of an ordinance partially vacating a certain utility casement recorded in Plat Records of Denton County at Volume 3, Page 51, as it pertains to Lot 16, Block 18 of the Southridge Addition; and providing for an effective date. (The Planning and Zoning Commission recommends approval 5-0.) (The Development Review Committee recommends approval.) 23. Consider adoption of an ordinance partially vacating a certain sanitary sewer easement recorded in the Decd Records of Denton County, Texas at Volume 457, Page 375, as it pertains to Lot 6, Block A, of the Sherman Oaks Addition; and providing an effective date. (]he Planning and Zoning Commission recommends approval 7-0.) (The Developmert Review Committee recommend., approval.) 24. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Dentoa and Alan Ritchey, Inc. to lease certain premises of the municipal Airport and construct and maintain an aircraft hangar and related aviation J • facilities thereon; and providing an effective date. (Airport Board recommended approval} 25. Consider approval of a resolution recommending a location for the Texas Department of Transportation Oovemor's Community Achievemen- Award; and providing an effective date. (l he Keep Denton Beautiful Board recommends approval) • • • 26. Consider adoption of an ordinance of the City of Denton, Texas amending Article V "Public and Semipublic Swimming Pools" of the Code of Ordinances of the City of Denton by amending Section 14.113 "Permits to Operate" to reduce the annual swimming pool inspection fee, providi„g a savings clause, and providing an effective date. y 2") 10 32x10 i City of Denton City Council Agenda May 12, 1998 Page S ` 27. Consider approval of a resolution by the City of Denton, Texas authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 1998 Action Plan for Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended; and providing for an effective date. 28. Consider nominationslappointments to City's Boards and Commissions. 29. Miscellaneous matters from the City Manager. 30. New Business This item provides a section for Council Members to suggest items for future agendas, 31. Possible continuation of Closed Meeting under Sections 551-071-551.085 of the Texas Open Meetings Act. 32. Official Action on Closed Meeting items held under Section 551.071-551.085 of the Texas Open Meetings Act. Following the completion of the Special Called Session, the Council will convene into a Work Session at which the following items will be considered: 1. Receive a report and hold a discussion regarding the potential inpact of TMPA stranded investment on the City of Denton and possible solutions. 'I CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the C'it1 of Denton, Texas, on the day of , 1998 at o'clock i i _ CITY SECRETARY NOT F: THE ClIY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN r 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 T FIE 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 SEC RETARY'S OFFICE, 3,2 X 25 10 c ' Agenda No _ ~ a Agenda Item Rite AGENDA INFORMATION SHEET AGENDA DATE: May 12, 1998 Questions concerning this acquisition may be directed , DEPARTMENT: Finance - Purchasing to Ray Wells 349-7108 ACM: Kathy DuBose, 349-8228, SUBS AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRAC'r FOR THE PURCHASE OF A SUBSTATION CONTROL HOUSE AND SWITCHGEAR ASSEMBLY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE, (BID # 2180 - ARCO SUBSTATION PHASE II CONTROL HOUSE AND SWITCHGEAR IN THE AMOUNT OF $226,550.00 AWARDED TO POWELL INDUST RIES). 1 BACKGROUND Tabulation b Evaluation Data Sheet ESTIMATED SCHEDULE OF PROJECT Delivery is quoted as 18 weeks after receipt of an order or approximately September, 1998. PRIOR ACTION/REVIEW (Council. Boards, Commissions) This bid proposal was presented to the Public Utility Board on April 6, 1998 and they approved the recommendation of award to Powell Industries. The Council awarded an indentical control house and switchgear for th. Locust Street Substation on April 21, 1998. The control house and switchgear for Arco was bid as a separate item but not awarded at the April 21, 1998 meeting. This second unit reflects a 56,384.00 savings over the cost of the first unit for Locust Street Substation. f FISCAL INFORMATION 0 • This purchase viii be made from 1998 Capital Improvement Project Bond Funds for the expansion of the Arco Substation; Account Number 611.080-RR87•CL53.9217• CLS3101A. 1 Zmk 10 32 x I O 1 0 I AGENDA INFORMATION SHEET MAY 12, 1998 PAGE 2 OF 2 BID INFORMATION This bid is for the purchase of a prefabricated skid mounted fully assemb!ed control house and switchgear consisting of breaker housings, auxiliary housings and vacuum circuit breakers arranged to suit the specific requirements of the Arco Substation. This acquisition is a portion of the Phase II Arco Substation expansion project. We are recommending the lowest bidder meeting specifications of Powell Industries, in the amount of $226,550.00. The lesser offerings from PACS Industries failed to meet specification for the control house construction and critical design requirements of the switchgear assembly. Respectfully submitted: I Name: Tom Shaw, C.P,M„ 349.7100 Title: Purchasing Agent Attachment k1: Tabulation Attachment 42: Evaluation Sheet 1030 AGENDA ,t f ~ ~ 1 I ` Q 2 't I 1 ,,l~i{ • I 7711 32X 0 , 1 1 l 1 I 1 e AITACHMEN7 N 1 TABULATION SHEET BfD 11 2180.0 HID NAME ARCO SUBSTATION Pi14SE II PACS CENTRAL POWELL ATKINSON CONTROL HOUSE AND SWITCHOEAR IND. ELECTRIC IND. INDUSTRIES DATE 12 MuA1 QTY 1 is DS$CRIPTION VENDOR VEN R VENDOR VENDOR 1 SEA ARCO SUBSTATION PHASE II CONTROL HOUSE AND SWITCHOEAR $221,690.00 8228,011.00 1226,660.00 1231,962,00 DELIVERY 30 WKS 84.91 DAYS 16 WKS 110 DAYS AFTER ARO ARO APPROVED MECHANICAL DRAWINGS 1 i i' • I i. jA 1 1 r 1 I 3 i . CIO x10 i 32x1o Nam a~ o 1 ATTAODIENT 6 2 CONTROL HOUSE SWITCHOEAR alo r 21eo _ II EVALUTION SHEET SiONAME: ARCO SUBSTATION PHASE II Control House and awBohgaar SIO OPEN: March 12, 1996 Evaluallan by: Daniel Scott • Manage substations Cost Evaluation Summary Table Wndon ' ~otwll industrlse , '~ios fnduaMa t:iiMral fJid►lo Atkinson InituKr, eau tads 5226,SSO.On l 621296900! 82:2019.00 $213 le!.: ACdw ror l/tfr C4adl braakv ! stock n BuFplX in a;a ~AA aoo,uw..... _....a~P.P.~!h ._....--_.6615;00 To ad Co st ♦ 632...ilo . 'I 1 00 tal t:val u st 622t,ex oo ,01. 12!1.961: .....________._._.a. - i w:rvnm:uio..._...._._......_ .............._...,..».....,....,.:.,.............'t'i.'Viiik .,..,-.._.i......... MWniis 118 M1 s t/o"o~y% _ W" we ou._,»...._............ wbmn....-_.,..-___....___..._.....__..._..,_.._~«»._.._.....__......»..._-..` u Menm to T fe Meneu No I ►hadaprnw i .y.. No Control House Specifications _ _ . ~ cemppanl._ ~"4tli^.CoR7u.nt._._? Nencanpium, f.0 W a t:?!^Px.!^t............... LM !lo flew COY!f1°?, .:,.,,.......Ce".q!?!M_.............._-°_.I....!.... Oanal.rN...,.... T..... :6,11 afflund" COT Co^.iP.l.!!^!_..._..._.C?!^pl.!!^!. oen~ Hv t.o AC r. X1.0 3uqu Sews RalwnnM9fy Oe!!!... _.,.:._-..c?i!~P.!!!R!...._..1..._ _ ooT~pll.ne , Metal Clad SwHangiar epseMeatlen '1 / 1WN cenafueaan /wdon aanpneM _ •^!p! Oo!"W!p^._- t9„~ nand Cennpepwa ...................._......,..........__Canpn!!!t....._....._ !pnl,......._.: '11 Clrevll 6wAan ana Can 9!r7tn!n~ _ O j, Gnwf 9raMUr C°mR!ir!.!.__•. _ Oan~d~M__ °°'"~p!I'•"~__----iF-- .i InatruTem r"W" ennw ~ i!^~... le^! a!R4!. _»___....,,_.....M ~ .__.._..:...._..0°!!.~~!~!......_: _!.r!~ _ Relays and waaliar Maw _ . » . CemNIUM ....__.i._._.ccov . ?~M!La^!......'..__..e!^~ ..a!".... C ;74 1Nn u;e Came 1.0 Aeewerlu ...Cempllint Canpllr,t _ OanpfV.n!...... `Ev~lunlonllniriq _.._...__....._y_._~.,.__...._y ' 1 i 4 ~Ik4(~ 25 32XIO RMLXRAL~ A ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A SUBSTATION CONTROL HOUSE AND SWTTCHGEAR ASSEMBLY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID p 2180 - ARCO SUBSTATION PHASE It CONTROL HOUSE AND S WiTCHGEAR IN THE AMOUNT OF $226,550.00 AWARDED TO POWELL INDUSTRIES). 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 thp' ;ee herein described bids are the lowest responsible bids for the materials, equipment, supplies or service- as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER Ea. VENDOR AMOUNT 2180 ALL POWELL INDUSTRIES 5225.550100 SECTION Il. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents, SECTION 111. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a fomai written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designarcd 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 i specified sums contained in the Bid Proposal and related documents herein approved and accepted. 5 ~ II 10 32X ❑J r c 1 AV < t SGT J , ri 1, t r t I i 1 0 y I r r 1 I I u I SECTION IV, That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a w,itten contract made pursuant thereto as authorized herein. °rt SECTION Vr That this ordinance shall become effective immediately upon its passage and approval, j PASSED AND APPROVED this day of ,1"gr I JACK MILLER, MAYOR ATTEST: JENNIt'ER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 1180(11)-SUPPLY. OADINANCE, t { _ r I 1 ' 1 i i ~~1 jrl ~ Y 1 I F 1 n x e I. i 6 r I I %r r ~ J y,*t"Sa5511S'!C'fr k ,,.,r :JY 4J 1, f r `x1 T 1.'~ ' 32X ❑r ' d r r a Y r~ 51~ -1 J. , owl" O ' 6 ...,s. _ Lnl,jN . 'S: Y.-uy,(}•.,54 eN rvx ~ yCk Ale ~~~17kM 7 31 a AGENDA INFORMATION SKEET AGENDA DATE: May 12, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Howard Martin 3.19.7194 ACB1: Kathy DuBose, 349-8228 SUBJECT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE RELOCATION OF HOUSE FROM 1301 MYRTLE STREET, DENTON, TEXAS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID # 2193-MOVING OF HOUSE, AWARDED TO DENTON COUNTY HOUSEMOVERS IN THE AMOUNT OF $72,700.00). Jp BACKQBOUN Tabulation Sheet FSTIMATED SCHEDULE OF PROJ Tb house is scheduled to be moved from the 1301 Myrtle Street site to a designated site i, on Mulberry Street within 45 days from notice to proceed, PRIOR ACTION!REVIEN' 1Counril. Eoards. Commissions] I li;s project has been reviewed by numerous parties and individuals, several articles have been puhlishcd in area papers, and it has received considerable television coverage, The City Council has been kept up to date on the project and the Denton County Commissioners Court has received at least one presentation and has approved the j rc!oeation on to County property. i 1-15iCA[, INFORMATION . The City of Denton Municipal Utility has agr,~d to fund this project up front in an effort O . to keep the project on schedule and to clear the substation expansion construction site. Funds are available from Electric Utility Special Services, Account Number 610-105- 1031-9300-8502, The Utility Department is to he reimbursed from next years' reserve hoict(motel funds. 1 25 x 32 x ❑ . . 3' prL I . ` I I I \1 \ • t ~ h ~ I 1 C~ 0 , . J t 1 1 I l i AGENDA INFORMATION THEE i MAY 12, 1996 , PAGE 2 OF 2 BID LIFORMATION i This bid is to relocate the "Selby Home" from i's current 1301 Myrtle Street address to A designated site on Mulberry Street, approximately one block east of Carroll Blvd. The bid includes raising of utility tines, permits, and set-down on a foundation. The i construction of the foundation is not included in the contract. j We recommend award to the lowest bidder, Denton County Housemovers, in thk mount Z of S72,700.00, F v t Respectfully submitted: 9Cda-'~ C ~L Name: Tom Shaw, C.P.M., 349-7100 Title: Purchasing Agent Attachment k l : Tabulation Sheet 1033, WtNDA \ I ,Y \ w ~ 1 ~ I I ' 1 r II e i. i `Ir I t, 7 2 s~ ~I g X •9~'<~~~' ~H~a o ~r~~x ~II't•~' 2~ ~ r~ ~r, ^Jn~~,t.,9~~. o. 111 , 1. eATTACHMENT0 1 TABULATION SHEET t I alO r 2193 SID NAME MOVING OF HOUSE MCMILLIAN DENTON LEMMONS MOVERS COUNTY DATE 1 4S rq,~.s .s sDEiCRI N . Az q I RELOCATE HOUSE FROM 1SO1 MYRTLE ST. TO A SITE ON MULBERRY STr APPR%ONE (1) BLOCK EAST OF CARROL BLVD, DENTON TK Si .00 67L700.00 SS AO.00 REMOVAL FROM CURRENT SITE CAN BE COMPLETED IN _ DAYS } 10 60 I I 1 I i _4 1 10 r~ ~I y`4r rt •i f re I vdv.~ • ;1 , s c 4VAM M ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE RELOCATION OF HOUSE FROM 1301 MYRTLE STREET, DENTON, TEXAS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID # 2193-MOVING OF HOUSE, AWARDED TO DENTON COUNTY HOUSRMOVERS IN THE AMOUNT OF S72,700.00). 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 employer has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or service, 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, suppLcs or services approved and accepted herein; NOW, THEREFORE, i HE COUNCIL OF THE CITY OF DENTON HERLBY ORDAINS: P SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items, BID ITEM NUMBE v` Q._ VENDOR AMOUNT 2193 ALI. DENTON COUNTY HOUSE.MOVF.RS $72,700.00 SECTION I. That by the acceptance and approwt of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terns, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION II[. 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 her.: o; 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 -F;,. ?5 cf~ 32xIO L ♦ • 1 0 r _ e r . V 1 . r r 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 authorized herein. SECTION Vr That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of .1998. I JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY i BY: ; 210-SUPPLY. MINANC£, 7 4 i. i rr. INK W~' 10 32X 11 0 pD e P,ge:,datoo_7a~- tQ_ Agenda Date AGENDA INFORMATION SHEET AGENDA DATE: May 12,1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Dave Hill 349.8350 ACM: Kathy DuBose, 349.8228 SUBJES~T AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE LEASE OF OFFICE SPACE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID # 2198-LEASE OF OFFICE SPACE AWARDED TO ASH PROPERTIES AT S19,560.00 PER YEAR). BACKGROUND Tabulation Sheet ` ESTIMATED SCHEDULE OF PROJECT This lease will go into effect on date of award and will continue for one year with the option to extend forone additional year. PRIOR AC710NIREVIEW (Council, Boards. Cquitnlssloesl I Planning and Community Development staff have reviewed this bid, as well as the requirement for office space, and concur with this recommendation. r • FISCAL INFO NAT10N This lease will be paid from CDBG budget funds, account # 219.03F-CDFO.8519. 1 r r.'~. 2.5)% 10 32 x I O ~Y. S AGENDA INFORMATION SHEET MAY 12, 1998 ' PAGE 2OF2 BID INFORMATION This bid is for the annual lease of office space fir the Community Development Block Grant offices. The lease consists of approximately 1,665 square feet of handicap accessible office space located at 100 W. Oak (Texas Building). We have leased this property for several years at the same square toatsge rate of approximately .98 per square foot. We feel this is a competitive rate due to the proximity to other City facilities and the amenities included such as phone lines, computer wiring, floor plan, ADA accessibility and paid utilities. Respectfully submitted: I i Name: Tom Shaw, C.P.M., 349.7100 Title; Purchasing Agent i Attachment k1: Bid Tabulation 40JI.AOENDA 'I t f .r 2 25 Y, 32X 10 M1~^ 5 4 1 e e Owrw i ~ . h I r(; Y SV 1 l r . I I ~ y. I `ice ~ 1 _ ....r y.rv ) ATTACHMENT # 7 TABULATION SHEET }11 [DO 2128 EIO NAME LEASE Of OFFICE SPACE ASH PROPERTIV DATE 1b r•66 E arf DESCRIPTI011 VENDOR ; { 1 12 MO LEASE OF OFFICE SPACE $1.630.00 d .f TOTAL DOLLARS 516.680.00 y J 'I 1 ~ j[ I y ~ lY 1 i It r l I ~ 1 a I q , . I r ~ e 13 44 0 6 i ORDINANCE NO. I AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE LEASE OF OFFICE SPACE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID # 2198-LEASE OF OFFICE SPACE AWARDED TO ASH PROPERTIES AT $19,560.00 PER YEAR). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted snd approved as being the lowest responsible bids for such items, BID ITEM h=Y1.$ IQ- VENDOR AMOUNT 2198 ALL ASH PROPERTIES $19,560.00 SECTION Il. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and • agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and forrhe specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. 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 p • 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 rtd accepted. { 4 1I& MILK a 4 I Q ,I SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of 1998. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY k ' BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY a; I , 1. BY: j 2198-SUPPLY. ORDNANCE a s 4 I , t r ~ 1 : I, :25 10 32 x 10 ism yww+cn. c . LEASE AGREEMMW B THE DENTON, TEXAS AND ~r~ T'F L r PARTIES. Ilyti Lei.- i between the ty of Denton, 215 E. McKBUZY, Denton, Texas, {"Lessee") and _ rove r fi 2 ClAssor') to Jesse property located at J W W . Ot 11t r (°Properri Denton, DentonCounty. Texas. 17. TERM. tisl to of this Lease slap commence on the 1` day of rM I q1~t k and end Qq TJ C) 91 A new Lease Agreement must be signed by both parties 30 days before the a of the above term, unless written notice of termination is give by ehher party, At the end of the initial term, Lessee has the right to renew this Ieme for an additions' months with the same terms and agreements. Notice of the renewal shall be given in the same manner as for the Move-Out Notice and Early Move-Out in Paragraph III of this lease. m. p MOVE-OUT NOTICE AND EARLY MOVE-OUT. At least 30 days written notice of intent to move out must b- given to Lessor. In no event may Lessee's move-out notice terminate the Lease sooner than the end of the Lease term unless then is substantial maWncdon of utilities or damages by water or fire, or similar cause as spe-ided below under Section X, DAMAGES AND DESTRUCTION. IV. RENT, Lessee shall pay_ + , GQ Dollars (S U-n- per month \ for rental, on or before the first day of each month (the due date). If cull rent is not paid by the 3rd day of the month, Lessee agrees to pay an wtial late charge of Twenty-five Dollars ($25.00) plus a late ' charge of $150 per day thereafter until paid in full. Lessee agrees to pay a charge of Twenty-five • D Aars ($25.00) for each returned check i V. CONDITION OF PREbUSFS. Property is expected to be in the same condition at the time of move-out as it was at the time of move-in, reasonable wear and tear made during occupancY, and improvements made prior to occupancy excepted. Lessee agrees to test smoke detectam before occupying the Property, and is responsible for notiflnng Lessor if smoke detectors are not fiu►ctional O • throughout Lessee's occupancy, Batteries for smoke detectors, AC filters, and light bulbs wi0 be replaced at Lessee's expense. I 25 x~D 32X RA m%& A~ml]LMLNNALaN-ILML~mRMLxMMLJ'q e . o , 1 eira!evr VL INSURANCE. Lessor shall pay for fire and extended coverage on the Property. VII. LLABILITY. Lessor will not be liable to Lessee or Lessee's guests for any damages or losses to person or property, including theft, burglary, assault, vandalism, or other crimes. Lessor will not be liable to Lessee or guests for personal ingury or for damage to or loss of their personal property from tire, flood, water Ieak, rah hail, ice, snow, lightning, YAnd, explosion, interruption of utilities, or other oco ences unless the damages from these o=ff arm are attributable in any way to Lessors negligence. Lessor strongly recommends that Lessee sauce its own insurance to protect against all of the above ooc urences. VIIL REPAIRS AND MALFLrNCTICNS. Lessee ar;eos to request all repair and services in writing to Lessor, except in an emergency when a telephoneVcall will be accepted. Workers shall have the right to temporarily turn off equipment and interrupt utilities to perform repairs or maintenaxe wl+3ch require such interruption. Lessor shall keep the foundation, the exterior walls, and the roof in good repair except that Lessor shalt not be required to make any repairs occasioned by the negligence of Lessee, its employees, subtenants, licensees ad concessionaires, Lessor will mace all repairs within a reasonable time of Lessee's request. IX. DAMAGE AND DESTRUCTION. In case of malRmction of utilities or damage by fire, water or similar cause, Lessee wall notify Lessor immediately, The Lease shat! continue and rent shall not abate during su%;h periods, unless the damages are substantial. If damages are substantial, Lessor or Lessee may terminate this Lease in writing. In this case, rent shall be prorated and the balance and deposits refunded. aL w REIMBURSEMENT. Lessee shall promptly reimburse Lessor for any loss, property dvmge, or cost of repairs or services au:-od to the Property by negligence or improper use by Lessee or guests. This includes damages to doors, windows, or screens, repair costs and damages from plumbing stoppages in lines exclusively serving Property, and damages from windows or doors left open. Lessors failure or delay in drmading damage reimbursement, late-payment charges, returned i checks or other sums due shall not ~e deemed a waiver, and Lessor may require payment at any time Lessor may require advance payment of repairs for which Lessee is liable. 0 1 I i PAGE 2 i In 32XIO r 1 I [ l l , t If r f A 1 , 1 tl i 1 r XL VVBEN LESSOR MAY ENTER Lessor may taiter Property when end if the rent is more than seven (1) days ddb*ent. X11 a, CONTRACTUAL LMN AND ABATEMENT . AG personal property on the premises is subjected to a contractual lien to segue payment of deGnqueru rent. In order to vArdse conuactual Gen rights, Lessor may truer the premises and remove and store an such property, provided the resident be present or written notice of entry must be left afterward e Xi>L Y CLEANING. Upon prove-out, the p•:•?wty must be cleaned thoroughly. If I ;rife faille to um reasonable charges to complete such cleaning shell be deducted s XIV. PERSONAL, Lessee's telephone number is EXECUTED this day of . 199 _ Crr I tl BY:_ , TED BE NAVIDES, CITY MANAGER i • ~ AY 1 ( r A RE5'I': 3 JENNIFER WALIBRS, CITY SECRETARY = I ♦ BY: M • .4 . F .R I!1 I PAGE s +i 3200 a "Woke E ~s 1 APPROVED AS TO LEGAL FORM: HERBERT L.. PROUTY, CITY ATTORMY h. BY: I BY: 0R 'I t I jp .~%~~1 1 1 l~ 1 fb l p 41 , U00 I ~ 'S~s t i S PAGE 4 ~y' jjYyy~p~i ~A ,a .M:,a 1rR"u" 25 1 AMIM 1 /,peach (tamVr~ll I 7 - AGENDA INFORMATION SHEET i AGENDA DATE: May 12, 1998 Questions concerning this acquisition may be directed ` DEPARTMENT- Finance - Purchasing to Earl Crews 349-8203 ACM: Kathy DuBose, 349-8228 S.I1B,lHCT AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR UNDERGROUND FUEL STORAGE TANKS AND FUEL ISLAND REPLACEMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE, (BID 0 2178 UNDERGROUND STORAGE FUEL TANKS AND FUEL ISLAND REPLACEMENT IN THE AMOUNT OF t 176,817.00 AWARDED TO NOR-TEX PUMP CO., INC.), BACKGROUND Tabulation Sheet ESTIMATED SCHEDULE OF PROJECT The quoted time for completion of the project is 30 days from receipt of a purchase order and notice to proceed. PRIOR ACTION_/REVIEW (Council, Boards, Commissions The Motor Pool Review committee made up of City Staff reviewed the bid responses and the need for new Picl storage facilities on April 3, 1998 and they concur with our recommendation. FISCAL INFOMIATION This project Kill be funded from unreserved retained earnings of the fleet services Hind !i and reimbursed from sale of Certificate of Obligation bonds as approved by Council in I the Reimbursement Resolution on April 28, 1998. 1 - <<- 2 K I 32 x I Q , f ,wr~ra r , 0 z i a AGENDA INFORMATION SHEET t MAY l2, 1998 PAGE 2 OF 2 BID INFORMATION This bid is for the removal and disposal of five (5) old feel storage tanks,(three (3) 10,000-;allon gasoline, one (l) 8,00 gallon diesel and one (1) 6,000 gallon diesel) and y installation of three (3) new 20,000 gallon tinks ,(two (2) gasoline and one (1) diesel). 7 Also included is the renovation of the fuel gland required by the removal of the old 5 tanks. ' Complete renovation of our Ncl dispensing facilities and removal of the old tanks is required to comply with TNRCC regulatory requirements. Deadline for compliance is „ s December of this year. } We are recommending award to the lowest b dder, Nor-Tex Pump Co., In the amount of 5176,817.00. j R aspectfully submitted: Name: Tom Shaw, C.P,M., 349-7100 Title: Purchasing Agent Attachment d 1: Tabulation Sheet j 1021 AGENDA (I Y1 2 ti , ,r 32X ` i ry .1 ~ ' z M 5 t 1 ~:f ' ! Jug "r r e 1lfIB'~, Y1f. ,r 1 k 'e • S y i 1 ~ 1 a ll N In ATTACHMENT 01 i TABULATION SHEET xi . BIO N 2176 ~ . ~ 010 NAME UNDERGROUND STORAGE FUEL TANKS NOR•TEX LESS GRAY TCOM F . AND FUEL ISLAND REPLACEMENT PUMP COMPANY SYSTEMS 'y DATE 12•Mar-96 P OTY OESCRI N - 'e DOR VENDOR R J 1 1 LOT UNDERIROUND STORAGE TANK AND FUEL ISLAND REPLACEME 176617.00 $160000.00 $216000.00 119E IN DAYS TO COMPLETE 21 DAYS 20.45 DAYS 60 DAYS r • e I 4 ti • 1 r y 11 - i, I 1 y 1 Sy i lb 32xlo C ORDINANCE NO. l AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR UNDERGROUND FUEL STORAGE TANKS AND FUEL ISLAND REPLACEMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE, (BID q 2178 UNDERGROUND STORAGE FUEL TANKS AND FUEL ISLAND REPLACEMENT IN THE AMOUNT OF 5176,817.00 AWARDED TO NOR•TEX PUMP CO., INC.). "'HEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or in provements 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 invitat;on, bid proposals and plans and specifications thereia; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, S,ECTIO;t 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 rile in the Office of the City's Purchasing Agent riled according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids; BID NUMBEg UNTRACTOR AMJ)UNT 2179 NOR•TEX PU11P CO., INC. $176,817.00 SECTION 11. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after p notification of the award of the bid. SECTION 111. 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. tD 4 Y ~ CIIOIM~ ..V. ; u, o I~ . } i. n .fai .u-~ • n.n ^ - -..nor-r« ..•.n ti 4 4 cRCTION 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 t 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. ~r ' SECTION V. That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of 1948 JACK MILLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROITtY, CITY ATTORNEY BY: 7176 CONTRACT ORMANCE ; r , - 5 I 10 I E r.. .ea vr.u. `-s. •-.r«•mnw r .n,. y._. r. a_ ~ - Aqtl Ida NO 91-- &/1-- Agenda Item 40 D Qala~_ X19 ; AGENDA INFORMATION SHEET AGENDA DATE: May 12, 1998 Questions concerning. this acquisition maybe directed DEPARTMENT: Finance - Purchasing to Jill Jordan 349- 7326 ACM; Kathy DuBose, 349-8228 AN ORDINANCE. ACCEPTING COMPFTITIVF, BIDS AND PROVIDING FOR THE AWARD OF A CONTRACT FOR PUBLIC WORKS OR IMPROVEMENTS FOR INSTALLATION OF GABION STONE CHANNEL IMPROVEMENIS IN NORi'II PECAN CREEK AND WILLOW CREEK IN THE AMOUNT OF $208,080,00; PROVIDING FOR THE EXPENDITURE OF FUNDS IIIEREFOR; AND PROVIDING AN EFFECTIVE. DATE, (Bill 02185 WILLOW CREEK / GOOD SAMARITAN i DRAINAGE, AWARDED TO DBR CONSTRUCTION IN THE AMOUNT OF j $208,080.00) BACKGROUND Tabulation Sitccl ESTIMAT'EU SCIIEDUL.E OF PROJECT The entire project is scheduled for completion the third week in August, 1998 in the following phases: a Willow Creek Drainage - 3'd week June, 1998 • Willow Creek Sewer Replacement- I" week July, 1998 > • Good Samaritan Drainage - 3'd week July, 1998 • Willow Creek Drainage All, I - 5th week August, 1998 • • Willow Creek Drainage All 2 - 3'd week August, 1998 ' rRIORACT'IOVn2EV1EW ICounell Boards, Commissions] • 1 his project and bid have been reaiewcd i,y Utility Department and PIanning(Engineering Department Staff. They eoucur with our proposed recommendation. • • i 1 mow~~ r 0 V ;wva~a , AGENDA INFORMATION SHEET MAY 12, 1998 PAGE 2 OF 2 FISCAL. INFORMATION This drainage improvement project will be funded from a combination of CIP Bond i funds and 1997198 budget appropriations, 435.020-DRAN-9626-9108 $118,822.00 Willow Creek Drainage with Alt. # l 100-026-0810-000.9108 S 9,954.00 Willow Creek Drainage Alt. # 2 625.082-0411-V803.9138 $41,217.00 Willow Creek Sewer 1 r 456-020-DRAM-9659-9108 S38,067.00 Good Samaritan Drainage $208,080,00 CONTRACT INFORMATION The base bid consists of installing gabions in North Pecan Creekjust east of Hinkle Drive and in Willow Creek, north of Kerley Street, The Willow Creek work will involve some sewer line relocation. The first alternate consists of installing a 6" concrete bottom in Willow Creek inste-d of a 4" inch concrete bottom. The second alternate consist of rebuilding a concrete flume at the end of Minor Circle along Willow Creek. IN Respectfully submitted: Name: Tom Shaw, C.P.M., 349.7100 ! Title: Purchasing Agent I ` S Attachment #i: Tabulation Sbcet I~ r ; 2 k,l❑ 32x10 WWI 'L :J ? I ~ 1. ~ • I F 1 S o . 1 M1 1 t l i ATTACHMENT #i TABULATION SHEET I BIOS 2115 BID NAME WILLOW CREEK DRAINAGE 1MPRV A. MIKE CRAIG DOR SANITARY REPLACEMENT GOOD SAM. ALOERT INC. OLDEN CONST. DATE 711719{ S QTY i fk; DESCRIPTION ss+, VZNOOR • VENDOR a R I {121 115.00 $129.270.00 5112 772.00 1 WILLOW CREEK ORAINA08 2 WILLOW CREEK SEW[A REPLACEMENT {12171.00 $71,360.00 {41211.00 2 GOOD SAMARITAN DRAINAGE {47112,00 +41.00 25 017.00 t3 TOTAL BID AW AD 111261,760.00 {242 779.00 9117 071.00 ,I ALTERNATES 4 ALT I INCREASE TO 1"CONCRETE BOTTOM ' Ilow Cnek FROM 1' {8115.00 {6 511.00 {1050.00 I ALT 2 ADD TIONAICONCRETE FLUME 11.'INOR CIRCLE 911297.00 911111.50 69.934.00, 810 BOND YES YES YES J I I 'I , I Jn:T / 1 I I r.~ il1+Ii4fd IP r Rpm 0 iwrem O ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A CONTRACT FOR PUBLIC FORKS OR IMPROVEMENTS FOR INSTALLATION OF GABION STONE CHANNEL IMPROVEMENTS IN NORTH PECAN CREEK AND WILLOW CREEK IN THE AMOUNT OF 5208,080.00; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID q 2185 WILLOW CREEK I GOOD SAMARITAN DRAINAGE, AWARDED TO DBR CONSTRUCTION IN THE AMOUNT OF $208,080.00). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the proceaures 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 DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby acct; red and approved as being the lowest responsible bids, BID (JJMBER CONTRACTOR AMOUNT 2185 DBR CONSTRUCTION $208,080.00 S'TION II, That the acceptance and approval of the above competitive bids shall not 'IN 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 compiy 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 eeniftcate after notification of the award of the bid. SECTION Ill, 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. a -----Y ~h~~ 32 x~❑ { ,i a J., ti; i', a ~p F, E yn t ; y ~ ~ ~,.l~ , n 1 • zsw~a~ ; Y SECTION 11(. That upon acceptance and approval of the above competitive bids and the execution of oontracta for the public works and improvements as authorized herein, the City Council + hereby authorizes the apenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V• That this ordinance shall become effective immediately upon its passage and approval, t PASSED AND APPROVED this the dcy of 1998 l>~ JACK MILLER, MAYOR l ATTEST; JENNIFER WALTERS, CITY SECRETARY ` ,L BY; APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY BY: Y 2183 CONTRACT OROtNANCE y , YY 5 ~ ~ 4 l• ♦ - r Y0. ~.L . ` '''f'ti NuA wemwmqwm I I Aiwtnaa No,_-7d 4pcndaltem___~~L___~ j . AGENDA INFORMATION SHEET Date AGENDA DATE: May 12, 1998 DEPARTMENT: Police ACNI: Michael W. Jet, 349-7926 SUBJECT_ i An Ordinance of the City of Denton, Texas, amending Ordinance No. 97-255 prescribing the number of positions in each classification of police officer; prescribing the number of positions in each classification of fire fighter; pro%idin)r a savings clause; providing a scverability clause; and declaring an effective date. I BACKGROUND: E On September 2. 1997, the City Council passed Ordinance No. 97.255 which authorized eight (8) lieutenant positions, clever r 11) sergeant positions, and ninety-eight (98) police officer and recruit positions. In January 1998, the City of Denton roccived approval for funding fi)r nine (9) police officer positions through the Community Oriented Policing Scn ices Universal [firing Program. Additionally, the Denton Independent School District has received approval for State funding for one School Resource Ollicer. This position will require the scn ices of a full-time police officer and, therefore, one (1) additional police officer will need to be hired to replace the officer assigned to DISD. those new positions require an amendment to the current ordinance to reflect an increase in police A11cer and recruit positions, bringing the total number of police officers and recruits to 108 as shown in Exhibit A of the proposed ordinanec. the Drpurtmcnt has also identified the need to provide increased technical Support during the fm;rlementation ofthe computer system. Currently, a licu',nant is assigned to the position of computer system administrator and has been responsible for assisting in the ' design of software, implementation of hardware and software, and the provision of ` technical support to Department pcrsonncl. It has been determined that these tasks are so complex and time-consuming that one person cannot ctTwivcly and efficiently -nlplish all that needs to he done, It is the intent of the Department to assign art aco additional lieutenant who has already rcccivcd significant [raining in the oporal ionofthe network computer system to respond to requcAs for technical support, assist in the implementation of new hardware and soflwarc, and provide training to Department 0 pcrsonncl, In order to make this assignment, the Department will add one lieutenant O position to assume the currea[ managerial responsibilities of the lieutenant that will be re- asi3r, ri and eliminate one sergeant's position. This change brings the total number of lieutenant positions to nine (9) and reduces the total number of sergeant positions to ten (IU), Considering the enormous amount of financial resources the City has invested. and will continue to invest. in this project, it is incumbent on the Department to ensure that r M it ye am ~ o ;y O sufficient resources are dedicated to its implementation so that the optimum benefit is gained from this technology. FISCAL I,$IPACT: The COPS Universal Hiring Program provides a total of $75,000 per officer over a three (3) year grant period. The total grant funding for nine (9) officers is $675,000. The local match is required to increase each year. new officers are tentatively scheduled to be hired on October 1, 1998. Projected costs of salaries and benefits for the three (3) year grant period is as follows: , 4a Federal Match Local Match Total Fl' 98.-99 204,694 150,131 354,825 FY 99-00 224,303 164,651 388 954 FY 00-01 245,974 180,592 426,566 Total 674,970 495,375 1,170,345 I The DiSD School Resource Officer grant includes the funding of contractual services for ,A salaries and benefits for one police officer in the amount of $59,835. This funding is 3 ' based on the cost of a seven-year veteran officer to provide an experienced officer in this full-time position, The Department intends to hire one new officer to replace the officer assigned to the school. The current cost of salaries and benefits for a new officer is $38,384, with associated hiring, training and equipment costs of $5,115, for a total cost of $33,499. Therefore, the officer required to replace the school resource officer will have little or no fiscal impact on the Department's budget over the five year grant period. The elimination of one sergeant position and the adJition of one lieutenant position will increase the salary and benefits by approximately $2, M for the remainder of FY 1997- 98. This increase can be absorbed through anticipated overall salary savings in the Personal Services of the Department Respectfully submitted, = i ael W. z 1 Ass"stani Cit M a er'Operations tD • i'Yl f~ E 32Xiu t h < ] f X44 ,`I , ~ JY 0 ' 1, 1 ~ ~ a, ~ o y 4 1 1 r f i 4. Prepared by: i u Wright Captai Support Services Division E ! s ``I: y r :~tl r, I, 3 . r , I Page 3 G a° 3 t 1 1 , C 4U91 2510 30 x i, 0 • n e d l~ ORDINANCENO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 97.255 PRESCRIBING THE NUMBER OF POSITIONS IN F.ACH CLASSIFICATION OF POLICE OFFICER; PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF FIRE FIGHTER; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILiTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on September 2, 1997, the City Council passed Ordinance No. 97-255 to implement the recommendation of the Firefighters' and Police Officers' Civil Service Commission of the City of Denton, Texas, upon the recommendation and request of the Director of Civil Service, Denton Police Department, and Denton Fire Department, adopting and approving a schedule of Authorized Positions which relates to compensation and classification of police officers and fire fighters; and ; F WHEREAS, since the passage of Ordinance No. 97.255, the Police Department has determined that this ordinance needs to be amended to more correctly reflect the total number of Police Department positions to add ten (10) police officer positions; NOW, THEREFORE, is THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L That Ordinance No. 97-255 is hereby amended by adopting the schedule prescribing the number of positions for each classification of police officer and (ire fighter in the ;r City of Denton, attached hereto and incorporated by reference herein as Exhibit A, is hereby approved. SECTION II: That all provisions of the ordinances of the City of Denton in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force E s and effect. SECTION 111:1 hat if any provision of this ordinance or application thereof to any person , or circumstance is held invalid, such invalidity shall not affect the other provisions or , applications, and to W. end the provisions orthis ordinance are severable. SLCTION 1V:1hat this ordinance shall become effective immediately upon its passage and approval, I PASSED AND APPROVED this the day of 1998L _ ].ACK MILLER, MAti'OR I L • • n F 1. 25A0 32X I II u t1 rr' ,i. 7 ti:.f. i 0 A h ATTEST: JENNIFER WALTERS, CITY SECRETARY .a . BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ' 4 f it w r :rig' f, r v r3 1 S Vur Dmum UiOrd,n r cr:98'C MI Smke PmHiom dm 4 .3 3r r If" t rr Ira 32XI❑,. - EXHIBIT «A» CITY OF DENTON SCHEDULE OF i AUTHORIZED POSITIONS Police Department The Police Department is authorized 131 positions as follows: t Chief of Police 1 i J Assistant Chief of Police I Captain 2 9 Lieutenant Sergeant 10 Police Officer (and Recruits) 108 F41e De ap ttment The Fire Department is authorized 105 positions as follows: Fire Chief I Deputy Fire Chief 1 Battalion Chief 4 Captain 20 0 Driver 31 Fire Fighter 48 ~t J A ~ n.. S. Y E1 5.'Our Dww"w0dinmm!9f0it Service Paih(Mv doc Ii{ ~~•a _ ep ia ~?x 0 :tw2ti 10 VAWWM J r . Y 98 D/8 Agenda Na Agenda Item Date_ ~ t AGENDA INFORMATION SHEET AGENDA DATE: May 12,1996 J I DEPARTMENT: Tax ACM: Kathy DuBosc f SUBJECT: Consider approval of a tax refund to the Riney Family Trust, account Ni 56326 in the amount of $2,639.16. The 1997 taxes were paid twice, once by Ms. K. L. Riney, Trustee,on December 15, 1997, and once by the e party leas.ng the property on January 28, 1998 resulting in an overpayment y i BACKGROUND Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. Nis. K. L. Riney, Trustee of the Riney Family Trust, has requested a refund in the amount of $2,839.16, because she mistakenly paid 1997 taxes, when it had been agreed earlier with the leasing party that they would be responsible for all taxes on the property. The Tax Department sent an Overpayment Letter and an Applicatior for Refund to the taxpayer. An application for a tax refund is x attached. PRIOR ACTIO /REVIEW(Cou cil t} oards.Commisslons)) N/A F$CAL.IF,FOR iATION) The tax overpayment revenue fund would be reduced by $2,839.16. ^ 1 Respectfully s mitt I , lore rtune, Di ec[or f Management and Budget y . Prepazcd by: ! ! Carolene Folser Tax Clerk ~r I qS, • j 10 32XIO h > C » Pru Wwt APPUCATION FOR TAX REFUND eaeamq ewoe nr" c" "IV to for n.rro w.rsr CITY OF 1ANTON TAX DEPT. CITY OF DENTON PfeMnt mrarq sdbnsrnunier.ne nneq ' 215 E. MCEINNEY ST. Orr. town or port a0oe, stir. ZIP meee Pro" frw rb rknurnDM DENTON, TX 76201 (940)349-6318 To apply for a tax raturld, the taxpayer mud ulomP410 the 101101009- Stop T' rrrret r1r', of Ns. Y Ioinp%z Owner'ename Present ma"aderese( ,and gran) 3529 Sheridoa Dr, anj address . mean w pal 01a. same. BP owo Prone (area mer and nu+aEwJ Ft, WorLh Tx 76117-3341 Stop 2: Legal dasodption(waftePsCOW orMtax blrwlaw wospo- Road Runner Ruh, Rlock A, Lot 1 Dateable the prop" Address or "Son of property. 501 "or t h I -9 W Aooount number or prop" ram receptnumbw 156326 OR Name Year Day Amount Amount Step 3: Of Taxing Unit From Mch For What Retind Of The 00 Of Tai F*ur4 aIV* The tax Refund is Requested Is R"Asted Tax Payment Tuts Paid Requested I City Of Denton 19 97 12/15 r lg97 f 7 8313.16 f 2,839,16 Payment 2 `City of Denton 19 i ~T-r tp3_ f f ~.-91 f Information a _ 19 It _ 10 f10__f f TupayeKS reason br nhnd (anacA rupporo~p aba.n+enar'on1: DIs,.P.inc~~ and the company leas d. ing the parcel hot01the taxes; resulting in an overpayment. The „ agreement was for the leasee to nay all taxes on the parcel, w 11 hereby apply for ft reAmd of ft abov►dsecAOed tun end coruly M td Information i haw olren on nls form is rue and Sup 1: care: ft 14 bast of my knowledge and beet' 81gn the form elgn pneue Do of U aaea+ Yw ru nMne Any parwn who maAae a felfis entry on the fotegeing r rd shall subject to one of the larkwln ponsWev I. impelsonment of not mate %limen to yews not lose Nm f yms an&or a Me o(nof mere Own IS,000 orboth such flne and irnp6sonm ill, f, tonRnam"t in Is" for a t up so a per at *An* not so erteed f2,D00 er both such fine and Imprisonment as eel foe In S rcllon MIC, Penal Code . • Step S: This tax refund h ❑ Approved ❑ D sporowd Tax refund © • l Autbved ekw oar r, determination sign hers Pr«6ng orke•Iq N uaurq urin~q mew nMa aopcaso" ewr aaro A» N i 32 X ~ ~...I ,All 7 Y , I .I r.. t ti Y i. naaAw ' s, 0 W r,or~mr , ..rte.,,+..,.+.-.~..~..;.~-.., . 4gen0a No, 7 ApenCa Item 3 Oats. "/x'98 AGENDA INFORMATION SHEET AGENDA DATE: May 12,1998 DEPARTMENT: Tax } ACM: Kathy DuBose i I , SUBJECT: Consider approval of a tax refund to Thomas Merritt, account ?'175825 in the amount of $596.42. The 1997 I taxes were paid twice, once by Mr. Merritt on December 1, 1997, and once by his mortgage company, NationBanc Mortgage Co., on December 31, 1997 resulting in an overpayment. , )BACKGROUND " r Chapter 31.11 of the Texas Property Tax Code requires the approval of the governing body of the taxing unit for refunds in excess of $500.00. Thomas Merritt has requested a refund in the amount of $596.42, because he was unaware that his mortgage company would be paying his 1997 taxes. The Tax Department sent an Overpayment Letter and an Application for Refund ko the taxpayer. An application for a tax refund is attached. PRIOR ACTiONMVIEW{Council.Boards, Commisalonsl) NIA ) FISCAL INFORMATION The tar overpayment revenue fund would be reduced by $596.42. , Respectfully submitt Jon rtune, rector of Management and Budget i Prepared by, 0 • Carolcnc Folse Tax Clcrk I l E:>~}~ t 25x iO 32XiQ , 0 r6a)eW1 o ~~'aawrraq ' p„r rwvY I APPLICATION FOR TAX REFUND CeNCrip seas ndrtw toxdoarq ar roe,: Raaig unnl CITY OF DENTON TAX omf-F CITV nF nRNTn"T PnuM maar o adeest fMwes' eel/rMO 215 T MCKINNEY RT. Gry , tom or pest o". frets, 260 odd Proof Jew Cods and nurrodq DENTON TX 76201 (940)349-8318 To apply for a tax refund, the taxpayer must complete the following. Ownrs mome ISI p 1: Thomas Merritt wniseensme PMWnff* waddarafrr~anddrral 23 Royt.l Oaks Cr, _ Grytom o pa oMod. rare, zx oads Phone (Wv Code, of morsel Denton, Tx 767,05-5575 (940)566-6364 p 2: Legal draalpCanfoferreAcopy ortoCox bvor far ,.cf4oq Estates of Forrestridge Sec 3, Dosernto I he Block A, Lot 35 prop" Address or Was/on of property: 23 Royal Oaks Cr. Aoca nt number of prop" Tar w9ipi number: 175825 OR Name Yew Dow Amount Arno unt Slep 7: 01 Taring Urit From Which For Whch Refund 01 The of Of Tar Refund Olvs the tax Refund a Fleeluerstdd Is Ragrwsted To Payment Tares Pad N W erred 1 City of Denton 1997 12 1/1997 f '59r.42 f 596.42 paymam 2 City of Trenton 19x17 12/311 tq 07 1 5(lP.42 1_ Information 2. 19 1 19 f f a 19 1 19 _ f f 19 payK did not know that lurrnaenlanMdlrxacnauypoapdbaunw,radon):Pre2erty owner their nortCage co. 1Nationbane P+ortf,aDe) would be paying the taxes out of their escrow. I 'I hereby apply for Of refund of the abovrdescr tarot and 00" Ghat the Informalon I have given on ria form is true are Step 4: oorfect to dw best of my knowledge and belief' • Sign the form sign k g r" ' n an o rppr7 b µ re d Aiy person who makes a Palso entry upen d1e fo>.egoing record shax be subpar so ene 0 she loftreN penehNa: 1. Imprisonment of not more than 10 years nor 1699.011111 yesre ender a 11 no el not mere gun 111,000 of both soch 11ne and Imprisonment; 2. don One menI In (all fat a $Wm up Is I year ot e fine not to exceed 12,000 at both evoh find and Imprisonment as tat IoM In Section 21.10, Penal Coda. Slap S: ❑ Cisswmd • This lax ralund K U Aptxoved Q • Tex refund sign Aut*VWDom Dow determination here~ sign Prh6no a%owls: of tune unt(r) for mkN appeaaont trM, M Can hen ----r C 32 x I ,wry •~;r: 'cY f 0". f JUL • s 0 I WW I= ..n ego/ ApanEa No. 147- Agenda Item-/d AGENDA INFORMATION SIIN;ET Oats y. i AGENDA DATES May 12, 1998 DEPARTMENT: Police ACNE; ".f ichaet W. Jez, 349-7926 SUBJECT An Ordinance authorizing the Mayor to execute an agreement belween the City of Denton and the City of Aubrey for the impoundment and disposition of dogs and cats and the 1. collection of fees pursuant to the provisions of said agreement; and providing for an effective date. BACKGROUND: This represents the first year for an interlocal agreement with the City of Aubrey for the impoundment and disposition of dogs and cats. This agreement is submitted at the request of the City of Aubrey. The estimated number of animals ; delivered to the City of Denton under this agreem,~nl should not result in conditions of overcrowding at the Animal Control facility. 1 he agreement states that the City of Denton will provide the following services to the City of Aubrey for the impoundment and disposition of animals deliv !red to the City of Denton from the City of Auhrcy: (1) The City of Denton will hold these animals for ninety-six (96) hours if not claimed by an owner. If the owner does not claim the animal within the prescribed ninety-six (96) hours, the animals will be euthanised or made available for adoption. (2) The City of Denton will accept and hold rabid suspects in quarantine for ten (10) days. 'r (3) Thu City of Denton will remove and ship the heads of rabid suspects for 4 rabies testing by the Texas Department of 11calth. For the services, the Cily of Aubrey agrees to pay fees set forth in the agreement as k- follows: . (1) Six dollars (56400) perday pcr animal held f.), rccUriation by the owner, • • (2) Seven dollars ($7.00) per day per animal held in quarantine as a rabies ; suspect. r3) Fifteen dollars (S 15,00) for each animal euthanised. 32 x I ❑ wig-IN O r `s a.y (4) Thirty-five ($35.00) for each decapitation and shipment. ,x PRIOR ACTION(REVIEW: The attached interlocal agreement has been reviewed for , legal form and content by the City of Denton Legal Department. The agreement %as I .t appro%cd by the Aubrey City Council at the regularly scheduled meeting in March, 1998. F IsCAL IMPACT: The prescribed fees in the agreement are calculated to recover all costs of all scrvices rendered and, therefore, this agreement does not result in an increase k : { in expenditures. The City of Aubrey estimates the impoundment of fifty (50) animals per y) 4, year with n redemption rate of fifty (50) percent. This should generate approximately } SI,500. y i K, t r Respectfully submitted, ich Cl W.Jez Assistant City A ana r/ Operations r I p Prepared by: , I 1 qQ i se 'right Captain ' Support Services Div'.sion 1 w 4.,IN r jy :'y 25x'e32x~ r • ar "mom A •4, 1 I'Mmm ORDINANCE NO. EXECUTE AN AGREEMENT G THE MAYOR TO AN ORDINANCE AUTHORIZIN BETWEEN THE CITY OF DENTON AND THE CITY OF AUBREY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURS'.;. w f TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I That the Mayor, or in his absence, the Mayor Pro Tem, is hereby authorised to execute an Agreement between the City of Denton aad the City of Aubrey for the impoundment and disposition of dogs and cats, a copy of which is attached hereto and incorporated by reference herein. SECTION 11. That the City Council authorizes the collection of all fees as provided prxrsuant to the provisions of said Agreement. E .TION II. That this ordinance shalt biome of -ctive immediately upon its passage and approval. PASSED AND APPROVED this the day of _ • 1498• f JACK MILLER, MAYOR f ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: I , APPROVED AS TO L£-GAL FORM: HERBERT L. PROIT1Y, CITY ATTORNEY • BY: ~M~ddrM'L~L'Ov Da.me~MJ~w`Krtr9 ~nnd oeN l• 3 • l clatl,RM 1~ to i ORIGINAL THE STATE OF TEXAS § § IN7'ERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON § This agreement made and entered into by and between the City of Denton, Texas, acting herein by and through its Mayor, duly authorized by resolution of the City Council of said City, (hereinafter called DENTON) and the City of Aubrey, Texas, acting herein by and through its Mayor, duly authorized by resolution of the City Council of said City (hereinafter called AUBREY). WHEREAS, DENTON and AUBREY are both local governmenLs with authority and power to contact; and WHEREAS, DF.NTON is engaged in the services of holding and disposing of dogs and cats for the benefit of the citizens of Denton; and WHEREAS, DENTON is the owner of certain facilities and equipment designed for the j holding and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such facilities and equipment; and WHEREAS, AUBREY desires to obtain impoundment and disposition sen ices for dogs and cats rendered by the City of Denton, as more fully hereafter described, fer the benefit of the msidents of the City of AUBREY; and WHEREAS, the provision of impoundment and disposition of dogs and cats is a r, governmental function that serves the public health and welfare and is of mutual concern to the contracting parties; and WHEREAS, DENTON and AUBREY mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant thereto; and WHEREAS, both DENTON and AUBREY have the authority to perform the services set forth in the Agreement individually in accordance with the Texas Government Code §791.011(c)(2); and WHEREAS, AUBREY will make all payments for services out of current available 1 revenues and DENT'ON agrees that the payments made by AL113PLEY hereunder will fairly compunvrte it for the services performed; i NOW, THEREFORE, DENTON and AUB1tEY, for the mutual consideration hereinafter , • stated, agree as follows: • • 4 i w. a: 0 Cectto° 1t. A. Covenants of DENTON: M I, Holding of Does and Cats. DENTON agrees to accept and held dogs and cats lawfully impounded by authonzed representatives of AUBREY under the following terms and conditions: a. Holding period for Dogs and Cats. DENTON agrees to hold such dogs and cats for a period of ninety-six (96) hours from the time they are accepted by the Animal Control Center in order to allow the owners of the impounded animal a reasonable amount of time to reclaim the impounded animal. If the animal is not reclaimed within the ninety-six hour period, the ownership of the animal shall revert to DENTON and the animal will be held for adoption or humanely destroyed. Animals will be humanely destroyed at the discretion of the Health Services V± eager. b. Holding Feel for Impounded Does. For the purpose of this Agreement, DENTON will charge Six Dollars ($6.00) per day holding fee for each day that an ii animal is held at the Center. In determining the meaning of the term "animal", as used herein, it is agreed that a pregnant animal which has its litter while being held, or an animal which is nursing its litter and is being kept in the same cage, will be considered one animal for the assessment of charges provided for in this Agreement. This fee will be assessed against the owner of the animal at the time the animal is reclaimed. No animal will be released luitil all applicable fets are paid in full. C. Holding of Ouarantined Animals, DENTON agrees to accept and hold rabid suspects in quarantine for AUBREY when conditions permit, and such action i, authorized by a representative of AUBREY. d. tiolins Fcee for Quarantined Anil rgL the holding fee for quarantined animals shall be Seven Dollars (57.00) per day for each day that the animal is held. C. Head Shipments and Rabice Testing. Upon request of AUBREY, i DENTON will provide f)r the removal and shipment of the heads of rabid suspects for clinical rabios leb:ing at the Texas Department of Health. The fee for this service shall be Thirty-Five Dollars ($35.00) for each head shipped. i B. Covenants of AUBREY: 1. Financial Rcsoonsibilisv. In order to reimburse DENTON for its costs incurred under this Agreement, AUBREY agrees to pay for holding and euthanasia fees on dogs ell► and cats received from the incorporated areas of the City of AUBREY or its authorized agent if an an+^tal is not reclaimed by its owner. Fees will be assessed nn the following basis: City of AUI3REY - Imerlocal Cooperation Atree 5 ~ x1 32XIG f' A , MIX" o a Now" a. Eutbanized Animal:: $6.00 per day holding fee for each animal as determined herein plus , 515.00 Euthanasia Pee. b. AdoptPd Animal: 56,00 per day holding fee for each animal as determined herein. j C. Head Shipments: 535.00 Shipment fee { 2. DENTON will collect impound fees duly authorized by AUAY and as specified in this paragraph from the owners of dogs and cats received from the corporated { areas of AUBREY. Impound fee monies will be applied to fees owed DENTON by AUBREY for animals not reclaimed by the owner. 1" Impoundment $20,00 2 d Impoundment 530.00 Yd Impoundment $45.00 4d' Impoundment $67.00 3. AUBREY agrees payment shall be made within forty-five (45) days of receipt of invoice by AUBREY. Section 11 DENTON agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all DENTON's employees, and agents, DENTON's subcontractors, and/or contract laborers doing work under a contract or agreement with DENTON in performance of this agreement with AUBREY. • AUBREY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all AUBREY's employees, and agents, AUBREY's subcontractors, and or/contract laborers doing work under an agreement or contract with AUBREY in performance of this agreement with DENTON. • It is further agreed that if claim or liability shall arise from the joint or concurring j negligence of both parties hereto, it shall be home by them comparatively in accordance with ( 0 • ' the laws of the State of Texas. This paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of the State of Texas. It is understood that it is not i City of AUBREY - InterlocaI Cooperation A;re. 6 y~a 32x1a w~. e 0 „WAW., the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be for the benefit of the parties hereto. ee ion II i The fact that DENTON and AUBREY accept certain responsibilities relating to :he collection and impounding of dogs and cats under this agreement as a part of their responsibility for providing protection for the public health and welfare makes it imperative that the performance of these vital services be recognized as governmental function and that the doctrine of governmental immunity shall be, and is hereby invoked to the full extent possible under the law. Neither DENTON nor AUBREY waives or shall be deemed- hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental functions, Section V. The term of this Agreement shall be for a period of one (1) year commencing as of February 1, 1999 and ending January 31, 1999. Thereafter, this Agreement shall be renewed for successive additional one (1) year terms commencing on February 1st of each year if DENTON and AUBREY agree in writing on or before the first day of February to be a successive term and the amount of consideration to be paid hereunder for each successive term; provided, however, that either party may terminate this Agreement, upon thirty (30) days written notice to the other. ectlo° V• phis Agreement represents the entire and integrated agreement between DEW ON and AUBREY and supersedes all prior negotiations, representations, and/or agreements either written or oral. This agreement may be amended only by written instrument signed by both DENTON and AUBREY. Section VI This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. ectlol YII• j In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. The undersigned officer and/or agents of the parties trcato are the properly authorized 0 officials and have the necessary authority to execute this Agreement on beha`f of the parties hcreto and ea^h party hereby certifies to the other that any necessary resolutions extending said + authority have been duty passed and are now in full force and effect. I City of AUBREY - lnterlocal Cooperation Alp 7 3 2x 10 A!J@aa . 1 ~ In A 'Ast"m 4 a w~ • I9_. E.KECUTF.D in duplicate originals on this the day Of CITY OF DENTON CITY OF AUBREY 1 BY: BY: JACK MILLER, MAYOR Ge^ K?^'~ ATTEST: ATTEST: JENNIFER WALTERS. CITY SECRETARY BY: BY: CI CRET Y APPROVED AS TO LEGAL FORM: APPROVED AS TO FORM: HERBERT L. PROUTY, CITY ATTORNEY CITY ATTORNEY BY: BY: ~ f Osrcd~cmncvUUBREY in 1m 1 con ool.doc I f f I: ' 4 I' :.vl EI I I - I I z~ ,jYa I a 41 n ~ - 1' City of AUBRfY Interlocal Cooperation A91 2 5 • r o r' t 3 i Agenda No Agenda Item AGENDA INFORMATION SHEET Date AGENDA DATE: May 12, 1996 M DEPARTMENT: Police I ACM: Michael W. fez, 349-7926 SUBJECT' An ordinance authorizing the Mayor to execute an agrecmcnt between the City of Denton and the City of Corinth for the impoundment and disposition of dogs and cats and'he f collection of fees pursuant to the provisions of said agreement; and providing for an E clTcclivcdole. BA( hGROUND: The City of Denton and the City of Corinth have had interlocal agreements for the impoundment and disposition of dogs and cats for the past six years. The animals delivered to the City of Denton under this agreement have not caused conditions of overcrowding at the Animal Control facility. The agreement states that the City of Denton will provide the following services to the City of Corinti, for the impoundment and disposition of animals delivered to the City of Denton from the City of Corinth; (1) The City of Denton will hold these animals for ninety-six (96) hours if not i claimed by an owner. If the owner does not claim the animal within the prescribed ninety-six (96) hours, the animals will be euthanised or made available for eJoplion, (2) 1 he City of Denton will accept and hold rabid suspects in quarantine for ten (10) da) s. (3) l he City of Denton will remove and ship the heads of rapid suspects for • rabies testing by the Texas Department of Health. i For the services, ttte City of Corinth agrees to pay fees set forth in the agreement as ,p follows: r Y (1) Six dollars (56.00) per day per animal held fur reclamation by the owner, (2) Seven dollars (57.00) per day per animal held in quarantine as a rabies suspect. (3) Fifteen dollars (S 15.00) for each anitnal euthanized. 1 l (4) Thirty-five ($35.00) foi each decapitation and shipment, PRIOR ACTIONMEVIEW. The attached interlocel agreement has been reviewed for legal form and content by th- City of Denton Legal Department. The agreement was j approved by the Corinth City Council on February 5, 1998. FISCAL IMPACT: The prescribed fees in the agreement are calculated to recover all costs o;'all services rendered and, therefore, this agreement does not result in an increase in expenditures. It is estimated that the revenue from this program will be approximately $2,500. Respectfully submitted, j kiae'l W tly ty M erlt)pcrations Prepared by: V CSupport Services Divisiv i • F i r~ V n 1 0 32 x I O 0 , p .rswsi. A ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE. AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TOTHE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTIONI, That the Mayor, or in his absence, the Mayor Pro Tern, is hereby authorized to execute an Agreement between the City of Denton and the City of Corinth for the impoundment and disposition of dogs and cats, a copy of which is attached hereto and incorporated by reference herein, SECTION IL That the City Cous it authorizes the collection of all fees as provides pursuant to the provisions of said Agreement. 5FCTION III. That this ordinance shall become effective immediately upon its passage and approval. I 1498, PASSED AND APPROVED this the day of i i JACK MILLER, MAYOR f ATTEST; ; JENNIFER WALTERS, CITY SECRETARY i By~ i APPROVED AS TO LEGAL FORMv HERBERT L. PROUTY, CITY ATTORNEY BY:, t F'd~eSdrp I OLM ruRYT,nVP6Mita utcvm ,niirW Ci~o-M ax 3 25x10 ,.1 32XId. II o 'Nampa 4 THE STATE OF TEXAS § § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON § This agreement made and ertered into by and between the City of Denton, Texas, acting herein by and through its Mayor, duly authorized by resolution of the City Council of said City, (hereinafter called DENTON) and the City of Corinth, Texas, acting herein by and through its Mayor, duly authorized by resolution of the City Council of said City (hereinafter called CORINTH). WHEREAS, DENTON and CORINTH are both local governments with authority and power to contact; anvi WHEREAS, DENTON is engaged in the services of holding and disposing of dogs and cats for the benefit of the citizens of Denton; and WHEREAS, DENTON is the owner of certain facilities and equipment designed for the holding and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such facilities hnd equipment; and WHEREAS, CORINTH desires to obtain impoundment and disposition services for dogs and cats rendered by the City of Denton, as more fully hereafter described, for the benefit of the res:3cnts of the City of Corinth; and WHEREAS, the provision of impoundment and disposition of dogs and cats is a governmental function that serves the public health and welfare and is of mutual concern to the contracting parties; rand WHEREAS, DENTON and CORINTH mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant thereto; and WHEREAS, both DENTON and CORINTH have the authority to perform the services set for6 in the Agreement individually in accordance with the Texas Government Code §791.011(')(2); and WHEREAS, CORINTH will make all payments for services out of current available revenues and DENTON agrees that the payments made by CORINTH hereunder will fairly compensate it for the services per formal; 1 NOW, THEREFORE, DENTON and CORINTF, for the mutual consideration hereinafter stated, agree as follows, 4 IVA C) K 32'x' s 9 "Alm ' O I n I ."law" Section I, A. Covenants of DENTON: I. Holding of Dogs and Cats. DENTON agrees to accept and bold dogs and cats lawfully impounded by authorized representatives of CORINfH under the following terms and conditions: a. Holding prriod for Dogs and Cats. DENTON agrees to hold such dogs and cats for a period of ninety-six (46) hours from the time they are accepted by the Animal Control Center in order to allow the owners of the impounded animal a reasonable amount of time to reclaim the impounded animal. If the animal is not reclaimed within the t'inety-s~x hour period, the ownership of the animal shall revert to DENTON and the animal will be held for adoption or humanely destroyed. Animals will be humanely destroyed at the discretion of the Health Services Manager. b. Holding Fees for [.mooun dcDo S• For the purpose of this Agreement, DENTON will charge Six Dollars 155,00) per day holding fee for each day that an 4 animal is held at the Center. In determining the meaning of the term "animal", as used herein, it is agreed that a pregnant animal which has its litter while being held, or an animal which is nursing its litter and is being kept in the same cage, wili be considered one animal for the assessment of charges provided for in this Agreement. This fee will be assessed against the owner of the animal at the time the animal is reclaimed. No animal will be released until all applicable fees aro paid in full, C. Holding of Quarantined Animals, DENTON agrees to accept and hold rabid suspects in quarantine for CORINTH when conditions permit, and such action is authorized by a representative of CORINTH. d. Holding Fcgl for Quarantined Animals. The holding fee for quarantined animals shall be Seven Dollars ($7.00) per day for each day that the animal is ` held. A e. Head Shioments and Rabies TegjM Upon request of CORINTH, DENTON will provide for the removal and shipment of the heads of rabid suspects for clinical rabies testing at the Texas Department of Health. The fee for this service shall be Thirty-Five Dollars ($35.00) for each head shipped. B. Covenants of CORINTH: „ I. Fjpamial&koonsibility. In order to reimburse DENTON for its costs I incurred under this Agreement, CORIN7 H agrees to pay for holding and euthanasia fees on dogs anri cats received from the incorporated areas of the City of Corinth or its authorized agent if an animal is not reclaimed by its owner. Fzcs will be assessed on the following basis: City of Corinth - Iuterlocal Cooperation Agrc S } 1 D - - ors ' I''~• 25 x ~ ~ 2X rarav>v O Y l 1. a. Euthanized Animal: 56,00 per day holding fee for each animal as determined herein plus $15.00 Euthanasia Fee. b. Adopted Animal,: i S6.00 per day holding fee for each animal as deten tined herein. C. Head Shipments: 535.00 Shipment fee 2. DENTON will collect impound fees duly au0iorized by C'ORINTH and as specified in this paragraph from the owners of dogs and cats rtceived from the unincorporated areas of CORJN`IH. Impound fee monies will be applied to fees owed DENTON by CORINTH for animals not reclaimed by the owner. IMPOUND FEE I' impoundment $20.00 2nd Lnpoundment S30.00 Yd Impoundment $45,00 4't' Impoundment $67.00 3. CORINT71 agrees payment shall be made within forty-five (45) days of receiFi of invoice by CORINTH, Section 11, DENTON agrees to and accepts full responsibility for the acts, negligence, and/or ` omissions of all DENTON's employees, and agents, DENTON's subcontractors, and/or contract s laborers doing work under a contract or agreement with DENTON in performance of this ' agreement with CORINTH. • CORINTH agrees to and accepts full responsibility for thy' acts, negligence, andror omissions or ail CORINTH's employees, and agents, CORINTli's subcontractors, and or/contract laborers doing work under an agreement or contract with CORINT'H in performance ~ or this agt!cment with DENTON. Y' It is further agreed that if claim or liability shall arise from the. joint or concurring • negligence of both parties hereto, it shall be borne by them comparat.vely in accordance with 0 • the le-13 of the State, of Texas. This paragraph shall not be construed is a waiver by either party of any defenses available to it under the laws. of t*e State of Texas. It is understood that it is not ~ =r I Z.0 City of Corinth - lnterloca1 Coopetation Asreea I ~lr / ( ''..32 t ~l the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be for the benefit of the parties hereto. ~SSSi4n.iIL The fact that DENTON and CORINTH accept certain responsibilities relating to the collection and impounding of dogs and cats under this agreement as a part of their responsibility for providing protection for the public health and welfare makes it imperative that the performance of these vir-1 services be recognized as governmental function and that the doctrine of governmental immunity shall be, and is hereby invoked to the full extent possible under the law. Neither DENTON nor CORINTH w.rves or shall be deemed hereby to waive, any immunity or defense that would otherwisa be available to it against claims arising from the exercise of governmental functions. SSSLion 1V. The term of this Agreement ,hail be for a period of one (1) year commencing as of February 1, 1998 and ending January 31, 1999. Thereafler, this Agreement shall be renewed for _uccessive additional one (1) year terms commencing on February Ist of each year if DENTON and CORINTH agree in writing on or before the first day of February to be a successive term and the amount of consideration to be paid hereunder for each successive term; provided, however, that either party may terminate this Agreement, upon thirty (30) days written notice to the other. Section V• This Agreement represents the entire and integrated agreement between DENTON and CORINTH and superseder all prior negotiations, representations, and/or agreements either written or oral. This agreement may be amended only by written instrument signed by both DENTON and CORTNTH, Section U i This Agreement and any of its terms jr provisions, as well as the rights and duties of the h parties hereto, shall be governed by the laws of the State of Texas. Section VII. t In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible, The undersigned officer and/or agents of the parties hereto are the properly authorized f officials and have the necessary authority to execute this Agreement on behalf of the parties I 0 ! hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. City of Corinth - Inrerlocil Cooperation Aare 7 Y x 10 32 x1❑ I e 0 w EXECUTED in duplicate originals on this the day of .19_ CITY OF DENTON CITY OF CORINTH BY: BY. JACK MILLER, MAYOR ;.tJ,,.• ~bj •'tis°,~ ATTEST: ATTEST: i JENNIFER WALTERS, CITY SECRETARY BY: BY: ~ I • CITY SECRE ARY i ' APPROVED AS TO LEGAL FORM: APPROVED AS TO FORM: I HERBERT L. PROUTY, CITY A77ORNEY CITY ATTORNEY BY: BY; 1i I i S.'afiusd'conhutfkrnin~mirlrl cancoldoe ~ r 1 r f 1 ~ 1 11 L w, City of Corinth - Initdocrl Cooperation Alt 8 1t k J - h?;'t~`~P, ij, , 26l X7 x l Ji ~M~yy Y9N ti 4 N 4 } i 7YM7.rW9 rqe Ida No, AganEa Item^ _ r)ale_._ ~ ~ - AGENDA INFORMATION SHEET AGENDA DATE: May 12, 1998 Questions concerning this acquisition should be directed DEPARTMENT: Finance - Purchasing to Ed Hodney 349.8271 ACM: Kathy DuBose, 349-8128 SUBJECT AN ORDINANCE PROVIDING FOR THE EXPENDITURE U FUNDS FOR SERVICES PERFORMED BY BLIND OR SEVERELY DISABLED PERSONS IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH j PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (TEXAS INDUSTRIES FOR THE BLIND AND HANDICAPPED, MEDIAN AND GROUNDS MAINTENANCE $21,515.00). BACKGROUND Exhibit I - Proposals from Texas Industries for the Blind and Handicapped-representing Physically Challenged Services, Inc. dated April 9, 1998; Exhibit 11 -Median and Grounds Maintenance. ESTIMATED SCHEDULE OF PROJECT This contract is to begin May 18, 1998 and continue through November 30, 1998. PRIOR ACTIONIREVIEW (Council. Boards, Commissions The possibility of contracting with a third party to supply these services was discussed by staff, Park Board and Council during the 1997.98 budget process. I• E(,SCAL INFORMATION l Funds for this service ate available in 1997.98 Budget account number 100.038.0063- 8502, Parks Department Special Services. . S • ti. 1 32 i / O i, 1 AGENDA INFORMATION SHEET MAY 12, 1998 PAGE 2 OF 2 CONTRACT INFORMATION The purpose of this contract is to supply labor, materials, supervision and transportation to mow 22 medians and grounds owned by the City of Denton. This contract is recommended for award to the Texas Industries for Blind and Handicspped-Physically Challenged Services, Inc. in the amount of $21,525.00. It involves the mowing, edging and trimming of medians and grounds from May 18, 1998 through November 30,1998. r Contracts for services or goods supplied by the blind or severely handicapped are exempt from the bid process as per Texas Local Government Code Chapter 232,22. Section 13. Respectfully submitted: Name: Tom Shaw, C.P.M., 349-1100 Title: Purchasing Agent Attachment #1: State Use Contract Attachment #2: MowinVTrimming Schedule j 1029 AGENDA J w r 2 r i r , rr 10 x 1 d 3 2 10 ~x i e , • o I ' Contract Number State Use Contract This contract and agreement is entered into by and between the Receiving Party and the Performing Party (Assigned Work Center) pursuant to the Authority granted in compliance with the provisions of Chapter 122, human Resources Code, and certified by Texas Industries for the Blind and Handicapped (71BH Industres, Inc.) as a contract in compliance with the provisions of Chapter 122, Human Resources Code. i ~ E, Contracting Parties: i Receiving Party: City of Denton • Mr. Robert Tickner 321 East McKinney Denton, Texas 76201 Performing Party : Physically Challenges Services, Inc. 13300 Old Blanco Road, Suite 160 San Antonio, Texas 78216 IL Statement of Services to be Performed: Median and Grounds Maintenance III, Basis for Calculating Reimbursable Costs: See Bid Proposal W. Contract Amount. The total amount of the Contract shall not exceed: $ 21,525.00 per year. V. Payment of Services- The Receiving Party shall pay Performing Party, or pay TIBH as assignee and servicing agent of Performing Party's Interest in the payment under this contract (as directed), for goods and services received upon receipt of a proper involve or voucher prepared by the Assigned Work Center or TIBH within thirty (30) days from receipt of same. Payment for services performed shall be billed monthly as outlined and services • provided. V1. Term of Contract This contract is to begin May 18, 1998 and shall be reviewed annually or upon • shall be reviewed annually or upon request of any of the contracting parties. i • THE UNDERSIGNED PARTIES do hereby certify that, (1) the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected parties of Local and State Government, and (ii) the services, supplies or Contract, are not required by Section 21 of Article XVI of the Constitution of Texas to be supplied under Contract given to the lowest responsible bidder, 3 - :,,i 26 x 10 32xf❑. MW it 90 R Contract Number RECEIVING PARTY I' Receiving Parry !lather certifies that it has authority to contract for the above services by authority granted in Section 122.003, Section 112.004, and 122.017, including but not limited to Section 112.007, Chapter 122, Human Resources Code. 'I City of Denton. Parks and Recreation Deparanent Name of Receiving Party I Authorized Signature Date i I PERFORMING PARTY The undersigned signatory for the Performing Party hereby represents and warrants that s/he is a officer of the organization for which s/he has executed this Contract; and that the officer has full and complete authority to enter into this contract on behalf of the ` Performing Party and has legal authority to perform the activities provided for herein. Physicaliv Chaligngld Services. Inc. N e of Performing Authorized Signature `1 ,n Date CERTIFYING PARTY } Texas Industries for the Blind and Handicapped, Inc. t71BH Industries, Inc.) s ' I f'; thorize ignature i D e 4 ® 1 . O 'tAefGW r Apr-09-98 02:SOP Denton Parks and Roc. 940 349 8384 P-03 oe..0144 P.a• F" t * OLA LLN SET+ICES PfQ+E rO. : 4^1j 4^27 46"8 Feb. Z6 199A It: flits e Fwb•2b-n0 L0313A 00"ton Parks and Rea. 440 340 @304 P.07 BID SCHEDULE CONTRACT N LIMMcn 2 MEDIANS AND OTHER LOTS: FOR MOWING OF WELDS AND GRASS ON CITY MEDIANS AND LOTS WM(IN M CORpoltAT$ BOUNDARIES OF THE CITY OF DENTON, TEXAS, per all l mu, conditions and epeeiAegtieru herein. Inllial centrut shall be for a period of two (2) yam beSEnninS Much 2, 1495, of data of city caumil award, if wbitgvint aaelo. The city reserver N opeon to renew eontnet for two additional one (l) yea psnods at the txpitltion of the Wftl tam of the oonttut This oontraclor shall submit tAa renewal proposal with pdee chWes and justificstiom by Febmary+ I dw the Itutisl award. Increases in coftwl pniaiy abed not ueead the eonaurn" price Wax of the DFW standard mampollun sodstical "ca for the tmvious (12) twolvo mentlu. Rentwal eball be at We diuxetion of the department MID y SIZE ANNUAL YIDICYCLE TOTAL i0-q! (ACA=S) 8CiQ WA MOWINO ANNUAL Auac'R 13o vi & univemil 30 10- p kc< Churchill 2 Medians) Wellin t 0.10 /T,30 757, Win pr Sherman r sr XT- c' 750 5luart 0.1 -W pr j WoodIs"d Shn'la 0.10 39 '757 B 1'vsr h an 0.20 /'T SV i 5 Haeula8etween nurt dt 0.B4 ~y .7*' Redstone (o 1 QQ j i Denton Dr. W Ah a 0.'70 rlY. :1 Air - 808 Alice 0.33 - $SS Smorwit Word 0. $ ~5 Oak Is Oe OA 7` 9. Ave. do Hick 0. a J Wln or Werto omie rag 0. 0 d 1-v -W 490 • Wert Oak®(133 To Bowie 0.10 @' Brill 6. dY Ci ,o mdol h 35 S cc ltd O,i 01 OC Hi hland park Circle _ Weitridee 010 Z0 rg S Foreat Ridge (Ho son to £14o 0 r~ Township (I (S Medians) i • Aehii Me 0. .i7~,QQ~ r. 5' Total for sdfana eer eyde: - " Ole: Ar;nua! id' lc l m 1 aaE 15 ~y^G~ ayhillill 1.6 ae OOC~ i; ;'~:`',~,r i.tae, l ,tic, J5• ~ . ! ~.>Y ~ S lOi4~ fdN.e11~J ~J,fI~) I i ❑ 32X e ORDINANCE NO. 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, MEDIAN AND GROUNDS MAINTENANCE $21,525.00). WHEREAS, Section 252.022 of the Local Government Code provides that services performed by blind and severely disable persons need not be submitted to competitive bids; and WHEREAS, the City Council has provided in the City budget for the appropriation of funds to be used for the pumbase of the services set forth in the proposed contract, NOW, THEREFORE, 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 of Denton, Texas, a service contract, which is attached hereto and make a part hereof for all purposes, that provides services relating to Median and Grounds Maintenance with the Texas Ind.tstries for the Blind and Handicapped in the amount of 521,525.00. SECTION II. That the awards of this contract is based on the services under this contract being performed by blind or severely disable persons. SECTION M, That this ordinance shall become effective Immediately upon its passage and approval. PASSED AND APPROVED this the day of 1998. JACK MILLER, MAYOR w , ATTEST: • JENNIFER WALTERS, CITY SECRETARY r APPROVED AS TO LEGAL FORM: • HERBERT L. PROUTY, CITY ATTORNEY • HANDICAPPED"MFDIAN A GROUND! MANTENANCE 6 t4:«,a,' 25 K0 ,sZX141 li Ir _ . n , , J... r.i.rn„r.:rrL.~+sJ?.r.r..M•.':: r.. ti'.r•'r. r... p~ . ~ 'ADNnlt k0 __QGL _ SL,O AGENDA INFORMATION SHEET Agenda Item Oate_ 5 ! Z AGENDA DATE: May 11, 1998 DEPARTMENT: Planning DCM: Rick Svehla, 349.7715 ~S SUBJECT Hold a public hearing and consider amending Specific Use Permit 211 (5.211) to allow for an additional 0.788 acres within the approved SUP for a maximum of 0.867 acres. The subject property is part of an 18 acre tract bounded by Bonnie Brae, Scripture, and Thomas, and also known as McKenna Park. (Z-98-015, McKenna Park Towers) BACKGROUND The Electric Utilities Division submitted an application to move the fence line fifty feet to the west and north as well as thirty feet to the east, After further review of the site, it was believed that an existing tree maybe located along the western fence liner Due to safety concerns, staff requested including the tree within the fenced area, The Planning and Zoning Commission recommended approval to including the tree within the fencing. The Electric Utilities staff visited the site following the Planning and Zoning Commission meeting. A determination was made at that time that the tree branches would not extend over the fence. Staff would prefer the original request as .he safety concem has been addressed, PRIOR ACTION 1 REVIEW The Planning and Zoning Commission recommended approval of the amendment (7.0) at its meeting on April 8, 1998. FISCAL IMPACT None ATTACHMENT ! I • Planning and Zoning Commission Report. 2. Draft Ordinance. 3r Draft Planning and Zoning Minutes of April 8, 1998. r j i 1. ~`Q 32x10 tY , l ti . ! F ew.a.:a~ wr,xr.ww...,, ..n. sar w.n+ean.u+:. ,.exrwtiee,rMeawi4M1C1lr[o-ew~~T4iMwRwn airlrh4~ 'Respectfully submitted, D iIl Director of Planning and Development I Prepared by. J i ,I I D nna Bateman ~ ! ~ I Senior Planning Technician I i i i I .I r i 1k t !1h f 1 r t p9 ~ r 1 i r 32 /ice I I e ATTACHMENT 1 778ubloc: NG AND ZONING COMMISSION REPORT STAFF REPORT i Kenna P ark Communications Tower Case Number. Z•98-015 Donna K. Bateman ~AIB: April 8, 1998 GENERAL INFORMATION Applicant: City of Denton 901 A Texas Street Denton, TX 76201 Owner: City of Denton 901 A Texas Street Denton, TX 76201 J Action: Request approval of an amendment to Specific Use Permit f1211 (SUP-211) to allow for an additional 0.788 acres within the approved SUP for a maximum of 0.667 acres. Location and Size: 0.788 acres Surrounding Zonin and Land Use: LOCATION ZONING .AND USE North: Single Family -10 Single Family Residential Use South: Single Family - 7 Single Family Residential Use East: Single Family - 7 Single Family Residential Use West: Agriculture Single Family Residence/Ranch Denton Development Plan (DDP): Low Intensity Area 11115 (54% allocated). SPECIAL INFORMATION The applicant is proposing to amend the approved Specific; Use Permlt to allow for an additional 0.788 acres within the approved area. BACKGROUND In 1945 the City of Denton received a report from a consulting engineer regarding a comprehensive study of Denton's utilities. This report set out present and future needs for Denton, Included In the report was a recommendation that the City provide more elevated storage for water. The City purchased an eighteen (18) acre tract (now known as McKenna Park) for the location of the water toyer. The city later installed a oommunloation lower at the site adjacent to the water tower and allowed the remaining portion to be used for park land. 3. 32xI[ aearew I In 1996, the City Council approved a specific use permit on 0.0791 acres to allow for the removal of an existing one hundred ninety (190) foot communication tower with guy wires and replace it with a one hundred sixty one (161.35) foot communlcdtion tower that did not have guy wires. At this time, the City of Denton's Communication Division would like to allow for the following additiono: ♦ Two satellite dishes on the southwest corner of the 0.867 acres; ♦ 18 foot by 36 fool building west of radio tower; ♦ 12 foot by 22 foot 1,jilding east of radio tower; and ♦ The expansion of a 20 foot by 30 foot pressure plane building that will provide increased water pressure for fire hydrants, residences, and businesses on the west side of town, The existing fence would be expanded to allow for secured access inside. The maximum amount of land proposed within the Specific Use Permit would be 0.887 acres. NOTICE Twenty-seven (27) property owners were notified of the request on March 27, 1998. As of this writing, no reply forms have been returned in favor or In opposition. i ANALYSIS Section 35-112 of the Zoning Ordinance states that a specific use permit shall be issued only If all of the following conditions have been found: i I. That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or impair property values within the immediate { v cinity; 1J Based on the current population of the city as well as population projections, the proposed additions will better assist the west area of Denton. The proposed 1 buildings will allow for better maintenance of the City's radlolcommunleaflon system. Expansion of the building which houses the pressure plane will provide increased water pressure to existing structures as well as future structures that are anticipated as the city continues to grow, 2. That the estab'ishment of the specific use will not Impede the normal and orderly • development and Improvement of surrounding vacant property; The area surrounding the tract of land Is currently developed as single family residences. The property on the west side of Bonnie Brae Is zoned Agriculture end Is currently used for a single family resldencefranch or farm. • 3. That adequate utilities, access roads, drainage and other necessary supporting facilities • have been or will be providdd. Access to the tower sits will be provided by an entrance currently off of Thomas L Road. The asphalt driveway Is lined with trees on both the north and south sides. 4. ` 13? ah~a 32x111 ~1 NNW ti ~ r. , 0 i i 4. The design, location and arrangement of all driveways and parking spaces provides for i the safe and oonvenlent movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; The existing driveway providing access to the tower site has a locking gate at the entrance. The gate Is approximately twenty (20) feet from the road providing for adequate vehicle stacking off of Thomas Road. i 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; The proposal does not produce offensive odors, fumes, duet, noise of vibration. 8. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and Some security lighting Is proposed. This will, however, be directed downward , and will not extend over the property line. 7. That there is sufficient landscaping and screening to ensure harmony and k compatibility with adjacent property. The area surrounding the water tower and communication tower alto Is adequately landscaped and screened from adjacent properties, The closest neighboring property Is approximately two hundred (200) feet to the east of the site. RECOMMENDATION Staff finds that all criteria have been met and recommends approval of Z-98-0115. MOTION I move to recommend approval of Z-98-015. ALTERNATIVES 1. Recommend approval as presented. 2. Recommend approval with conditions. r 3. Recommend denial. ' 4. Postpone consideration. 5. Table Item. { ENCLOSURES 1, Specific Use Permit Site Plan. 2. Location map. 3. Zoning boundary map. 0 4, Site Photos. 0 I Enclosure 1 Z-98-015 (McKenna Park Tower) NORTH Proposed fence extension Existing fence 50' OACKENNA PARK CALLED 18 00 ACRES VOL 358 PG 559 D R D C T 00 SCRMkLtR trlSnN, FAtCR tN( ~ C VIM O ~FO* * Ri WA I ~ tr<tShNO Cn Yh I II 111 Cd+TA Cti ne 0 1 Tuft j`~/ N Mr 1CF 0 + LS tSF G co i + txlsnW. rS Crk,TRa rA ILA TOFCR Opt O 0 woa VANS I A i CONC 0 CdpypL aV(RNt/Q VAUCr= tCCCtR,C ' [AISTNO oWN IVAY rENU OC)C ; Approximate location of tree discussed at P&Z meeting. ' Proposal Is to leave tree outside t` -t} ,SP„tiTM; 1 of fenced area, r . t SUP Proposed Site plan 6. ate: ce e: one M 1' t"ski#rti f 1 a 2 F) x 10 32J O M 0 ' o 1 i Enclosure 2 Z-98-015 (McKenna Park Tower) NORTH + I i - J~t, ~t Lit T II r I1 n ~ o- ~ P A I pI' o t T6 _ k a - 1 S 11 I 2, II `~''t S y~ l F n 1 r~^~ GIRO -O"0'15-~-I 1 - rr r ilr } l' a !I u a f je Ij y, ~l SF- r--- . 1, ty cl rj~t t I MF-1 k MIFI4 111 rs ...i Nr>r! M ^ 19G , aXi ~xn ~L" r.L~~l 3T4'n va r ~e* S\ ` -f " aht: F es R7 .l 12b 9'.f l Lrrrr rrr rrrr~ iam-an ~ Q ~ I III '$•T" Surrounding Zoning Map 7. Date: 418198 State; None y h o _ k ENCLOSURE 3 f co I °90 Q E02 9"~ kk 902 903 Z-98.015 l~ I McKenna Tawer 6 619 r 081 818 a 819 810 816 10 81 j 812 n 811 2520 I~ 80P 803 - I 3 Z' I . - - - - - --7-,V PANHA. ---o Lori ` }YPa ~aiE,?~1I ~+i3 are 7 727 SITE O . Z4 ; 41IN',1 t +~'4ti * r~ 1 21 co ~el~Syt'•L'71' xt. .7~a {'iT+Zrtr~3} yli r #x. i 70719 2 ° 713 107 22 4n 1E, oz: p d L 'r h ,f to rL I 821 2520 2300 w 819 1 r Q] '.Yr l2 L fir! ~ l.. j 1 r M i.. co 805 , ` }L 1'+~r~E. 41, it is"~r r. r1'•~i F it 801 SCRIPTURE - 2501 2 2501 ` ~ 2225 ap;4 2266 Fs' a 245 323 83 2279 F 2241 223 I 1 00 ° 4(l LOW 321 7 ' 0 0 0 411 0 22 2289 2287 ° ~i03JTQNP • r}, ® O Q 4 ° „ HQUSTQ~PL 2227 222 221 207 4300 22868L I 2311 2 2212 'rw 32x~1a i 0 i r p ~ I ENCLOSURE 4 r. Z-98-015 (McKenna Park) w Existing Fence Proposed Fence Existing Fence Pro d Fence j hoto 1. View looking southwest at the existing hoto 2 iew looking south om the north end water and communication towers. Existing and of the park, Existing and proposed fencing is proposed fence lines are shown. shown. I i Foisting Fence i Pnnx" Fence Existing Fence Proposed Fence Photo . View looking east from Thomas hoto 4. V~ew looking south from north Street and of park. r 9. „ 5 x 32 x I 0 0 I' Z-98-015 (McKenna Park) I i i Photo 5. View looking north from south end of park. ~y4`k1 r n r Photo 6. View looking east towards Thomas Street from west end of park, 1I 1 A b k y, Photo 7. View looking south showing tree discussed during PR Public O hearing, 0 Tree discussed at Ps[L Q 1 1 i to. { ~ I zoo's ATTACHMENT 2 I, FT D E ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SPECIFIC USE PERMIT #211 (S•211) ON .0191 ACRES, TO INCREASE THE ALLOWABLE AREA WITHIN THE SPECIFIC USE PERMIT TO _ ACRES FOR LAND LOCATED ON THE NORTH SIDE OF SCRIPTURE, BETWEEN BONNIE BRAE AND THOMAS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 8, 1998, the Planning and Zoning Commission recommended approval of the requested amendment to specific use permit #211; and WHEREAS, in accordance with Article Ill, Division 4 of Chapter 35 of the Code of Ordinances of the City of Denton, Texas, the City Council finds that all of the following conditions exist: 1. That the specific use will be compatible with and not injurious to the use and enjoyment or other property nor significantly diminish or impair property values within the immediate vicinity; 2, That the establishment of the specific use will not impede the normal and orderly development and Improvement of surrounding vacant properly; 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided. 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; 3. That adequate nuisance prevention measares have been or will betaken to prevent or control offensive odor, fumes, dust, noise and v;bration; 6. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and 1. That there is sufficient landscaping and screening to ensure harmony and • • compatibility with adjacent property; NOW, THEREFORE, 11. 7 K 10 32 x 1 d i • 5 I MOM i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the specific use permit to operate a communication tower with accessory 1 buildings is hereby granted to the City of Denton, Texas for a _ acre tract, being part of an 11 18 acre tract, described in Exhibit A, attached hereto and incorporated into this ordinance by reference. I I SECTION 11. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 111. That this ordinance sliall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the _day of 1998. v , JACK MILLER, MAYOR ' ATTEST: JENNIFER WALTERS, CITY SECRETARY I 'i BY: - s IR I APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 0 I I BY: r PAGE 2 12. i r i liw~m 2,5:,x. Y I C7 32 • r O 4 r r .t' . R i 5 . r.. v,. N. viivnnvNwn.rr.. ,...,one♦Nwuwnwnwnv+w....mnnn+.r. n.+-. ~ I ' Il 1 EXhIBIT A I LEGAL DESCRIPTION { McKENNA PARK COMMUNICATION FACILITY BEING A 00791 ACRE TRACT OF LAND SITUATED IN THE CITY OF DENTON, AND k BEING OUT OF THE ROBERT BEAUMONT SURVEY, ABSTRACT NUMBER 31, DENTON COUNTY, TEXAS, AND BEING PART OF A CALLED 1840 ACRE TRACT OF LAND DESCRIBED TO THE CITY OF DENTON BY A WARRANTY DEED AS RECORDED IN VOLUME 358, PAGE 559 OF DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT AN ANGLE IRON FOUND ON THE WEST RIGHT-OF-WAY OF THOMAS AT THE SOUTHEAST CORNER LOT 2 BLOCK G OF PARK VEIW RECORDED IN VOL 387 PAGE 292, DEED RECORDS, DENTON COUNTT, TEXAS, AND ALSO BEING THE MOST NORTHEASTERN CORNER OF SAID McKENNA PARK; THENCE SOUTH WITH THE WEST RIGHT-OF-WAY OF THOMAS ROAD, j A DISTANCE OF 343.16 FEET TO A POINT FOR A CORNER; { THENCE SOUTH 89 DEGREES 54 MINUTES 57 SECONDS WEST DEPARTING THE WEST RIGHT-OF-WAY LINE OF THOMAS ROAD,A DISTANCE OF 151.59 FEET TO A METAL CORNER FOR A PLACE OF BEGINNING; THENCE SOUTH 04 DEGREES 41 MINUTES 52 SECONDS EAST, WITH A DISTANCE OF 201.86 FEET TO A Ill INCH IRON PIN SET FOR A SOUTHWEST CORNER; THENCE SOUTH 88 DEGREES 51 MINUTES 56 SECONDS WEST, A DISTANCE OF 185,71 FEET TO A 112 INCH IRON PIN SET FOR A NORTHWEST CORNER; THENCE NORTH 04 DEGREES 50 MINUTES 54 SECONDS WEST, A DISTANCE OF 205.32 FEET TO A 112 INCH IRON PIN SET FOR A NORTHEAST CORNER; THENCE NORTH 89 DEGREES 54 MINUTES 57 SECONDS WEST, A DISTANCE OF 186.50 FEET TO THE PLACE OF BEGINNING AND CONTAINING 12619,95 SQUARE FEET OF LAND OR 0.867 ACRES OF LAND, + .y AREA=37788.979 SQ. FT. i r ti .1 r ,y4 A, r 13. Ci ^ ~1 R, ?n N s elo 32> r e , av~sons , c l ATTACHMENT 3 EXCERPTED DRAFT MINUTES PLANNING ANDZONINO COMMISSION ` April 8, 1996 The regular meeting or the Planning and Zoning Commission of the City of Denton. Texas was held on Wednesday, April 6, 1998, at 5 30 p m. in the City Council Chambers at City Hall, 215 East McKinney, Denton Texas Present, Elizabeth Gourdie, Bob Powell, Susan Apple, Ellen Hoover-Schertz, Rudy Moreno, Carol Ann Ganzer, and Jim Engelbrecht Absent None Present from Staff, Eddie Martin, Assistant City Attorney; Mark Donaldson, Assistant Director of Planningi Donna Bateman, Senior Planning Technlcian, David Salmon, Engineering Administrator The meeting was called to order at 5 30 p m. 6. Hold a public hearing and consider making a recommendation to the City Council regarding an amendment to Specific Use Permit Number 2111 (SUP 211) to Increase the amount of property located within the permitted area by an additional 0.971 serve. The tract of land Is located on the northeast corner of Scrlpturv and Bonnie Brae and Is also known as McKenna Pork. (2.98-016, McKenna Park, Donna Bateman) Chairperson Schanz, Item 6-1 wilt open the public hearing and consider making a recommendation to the City Council regarding an amendment to Specific Use Permit Number 211 (SUP 211) to Increase the amount of property located within the permitted area by art additional 0 971 acres. The tract of land Is located on the northeast caner of Scripture and Bonnie Brae and is also known as McKenna Park. Ms Bateman will be addressing this Hem Ms. Donna Bateman presented the staff report. Ms. Bateman Madam Chair, members of the Commission, the request that Is before you this evening comes from the city or Denton's Electric Division I believe that In 1996 we come before you requesting a Specific Use Permit for e portion of McKenna Park. If you will recall, right up on the hill there Is a water tower, and In 106 the Commission and subsequently the City Council approved a Specific Use Permit for a communication lower. The request before you this evening Is just to expand on that existing location, to enlarge H. The area that you see right here, that has the dashed lines and the Xs, is the existing fence surrounding both the water tower, the communication lower, as well as some miscellaneous b -ild+ngs. What Is requested this evening Is to extend the fence bW 50 feet on both the north and west sides and 30' 1 on a portion of the eastern side. I would like to emend it just a little bit to Include a fence around a tree. I look some pictures to show you The solid line is the existing fence line that is on the northeast side of the towers, and the dotted line Is the approximate location of a new fence H approved by both Planning and Zoning Commission and City Council. This gives you another view of the existing fence and the location for the proposed fence i Chairperson Schanz I am Impressed with [hose pictures; did you do this? J Ms Bateman I did i Chairperson Schertz I am Impressed, Ms. Bateman. I am very impressed also, - , e Chairperson Schertz They look nice. They look nice. • , JV' Ms BatemanAgain, the existing fence and the proposed fence-the purpose of the expansion Is to allow for a maintenance facility as well as a building that would allow for-the applicant cam tell you better-to increase the 1 water pressure for" west side of Denton. What I wanted to add wos-as you saw in the pictures as well es whet I previousfy explained. there are five trees that are going to be included In this fenced-In area. These trees are rat 14. 25 ~f] 32x~~ o • o i Planning and Zoning Commission Minutes April 8, 1998 Page 2 of r 7 going to be removed, they ere not going to be damaged, and d will be maintained and Included in that fence line. lJ The applicant would also like to expand this fenced-in area to go around an existing tree. There Is a tree right here I that looks like it Is probably two feet in diameter. I mean, it is a good-sized tree and it has very large limbs so that, if the fence is built the way It Is proposed on this plan, It would allow the branches to go over the fence. of course, we the City are concerned about a child climbing up in the tree, climbing over the branch and getting down Inside there. So, we would like to go ahead and Include fencing in that tree just to prevent a child or anyone else from ctimbielean ng up In that tree and getting over In there. We did notify 27 property owners within 200 feet. We received two reply forms in favor, and, as you will notice on there, the wording on there appears to be in favor, but they did not dr actual response so I am not sure which way you wanted to Include that We did not receive any reply forms In opposition. On the second page of the staff report. I stated that some of the adfitions that would like to be on that property would Include two satellite dishes and what appears to be Ihree buildings, That has changed, and my understanding Is that it will be the addition of one building, adding on to an existing building and one new building. Our applicant could tell you further if I am wrong on that. 111 be happy to answer any questions. Chairperson Schertz: I think we will save them for him; thank you. Would the applicant like to speak, please, and give us your name and address? Mr. Wells Madam Chairman, Commissioners, my name Is Pay Wells and I am employee of the City of Denton Electric Utilities. The purpose of this project-En 1996, we came to you and asked for a rezoning for a Specific Use Permit for this radio lower. I goofed; this section right here was aR that was rezoned for Specific Use. The water lower pump station and everything is not zoned. We need to add onto the pump building to maintain pressure on the west and the extension of the new water line from Denton to Sanger. So, we need to get that rezoned to It would eCnw expansion of that building. The second reason is that on the radio lower Itself, what we had planned to do with 1 the toover-we hoped to limit the number of lowers that were Installed In the City of Denton. By Installing the existing tower, we have lower rental space, and we are encouraging cellular companies and TV companies to locate on this tower and not install additional lowers within the City, We have a customer; we have a competitive local exchange carrier coming Into Denton that wishes to do that. 11 will be necessary to house his equipment In a building. Aso, In 1996 we said that Denton's public service radio System, police, fire and utilities would be relocating to that lower from our Spencer power plant, that is also our Intention. Chairperson Schanz Thank you, are there any qu!stions? Commissioner Gourdie Ms Gourdie I was just wondering, I think this is a weat idea. I love the Idea of having everyone on the some radio lower. My question to you is how many ddferent faulities can be on a radio lower? Is there a number that is limited to iI, or .,,7 Mr Well. Certainly there Is a limit of the amount of structures of antennas you can put on the tower That Is dependant on the wind loading, and the wind loading is dictated by the type of antenna, Obviously, microwave dishes are worse than just dipole-type antennas. It Is a case-by-case basis; I am sorry. Ms Gourdie if this is the case, if the persun that Is coming in needs a building to store their equipment, will this be the case for anybody else that comes to use the .7 l Mr. Wells That is right, Space in the building will be available for rent to any company that would care to do so. Ms Gourdie So, we are building a general building for rental spa :as Mr Wells That is right, because we did not feel that it would be proper to allow each Individual company to come In j and stick up their own building The first thing you know, H would be very cluttered, So, we thought it best to build one large building, house everybody in !I, rent the space out, and also create an additional revenue string for the City Ms Gourdie And lastly, the more radio receptors we have on a radio lower, does that elect the surrounding i 0 j neighborhood with their cellular phones and their radios and their equipment in a personal home? Mr. Wells, Well, it is not supposed lo-41 me put 11 that way, If there is Interference, there are methods Io correct It. { 13. - .a..ul MENEM= >1 o oanaeas . o ,per i r. 1 Planning and Zoning Commission htinutes April 8, 1"8 Page 0 of 87 j Ms, Gourdie, Thank you. Chairperson ScherlL Any other questions? None at this time; thank you, sir. is there anyone else to speak in favor? Anyone to speak In favor? Is there any opposition? Ma'am, d you would please address the podium and give us your name and address. Ms Wheeler-Liston: My name is Carol Wheeler-Liston, and I live at 2220 North Locust Street. I did not know this was on the agenda; I came for another item, but I frequent this park a kd with my grandson and [hat is a great climbing tree Is there any way the fence can go more the other way so that the tree is completely outside the fence and does not hang over the fence? Do you understand what I am saying? Chairperson Schanz, A little bit. Donna, do you want to help her so she can visually maybe, , Ms. Bateman: 1 think right now, that as large as this tree is, it is already extending over the fence or close lo the fence. It is an extremely large tree. I sm not sure that by not fencing it off It won't-maybe Prank could answer N better. I am not sure that that would scNally help the matter. Chairperson Schertz: Okay, we appreciate you bringing it to our attention, ma'am; thank you. l Mr. Wells. If I move the fence back Towards the water lower end the radio tower, the tree Is large enough to where I am going to lose something on the neighborhood of about 25 feel or about half of the 50 feet that I am asking for. I could fence I out, In other words, fence up to it with SO feet, make a jog around It, then go beck out with 50 1 could probably do that without any damage to the tree or probably it would not bother me that much. I could probably do t that Chairperson Schanz. I think that we are just leaning on your discretion. You familiar with the site more so than maybe the rest of us are, and if Iha point la valid-and it appears to be-th.., again, 'He are at your discretion to do everything [hat you can. I know that you will with working for the City, Mr. Welly My first concern was, as Ms. Bateman said-I think the lady that spoke is absolutely correct; it is a great cbmb'ng tree, The way It extends over there. I know that if I was young enough to do it, I would probably climb the tree and fall over in the compound But I could probably fence it out; I would be happy to work to that end anywa;, Chairperson Schertz. tvuw, I do not know whether it would help or hurt, but we might post a sign or whatever to y indicate that there was no climbing to be done, Mr, Powell. It is a great climbing tree you want to climb on N r Chairperson Scheriz. I know, Bob, but it will help mothers when they are out there and their sons are trying to climb, she can say there Is a sign that say$'no climbing' Ms Baleman. I think only one additional concern that I would have Is that If the tree were to grow later on, it would ; need to be trimmed if did get close to that fence Where trimming it or damaging II in any way Is something that we are trying to prevent, and If we are able to fence around ll, we would not have to be concerned about the trimming of the tree later. t ' [ Chairperson Scheru I guess I have a comfort level that I know that the City Is aware of the liability and will do t anything within Its power Io prevent any accidents, But we appreciate you bringing that to our attention. Any further opposition? Would the applicant have any further remarks? Seeing none, I will close the public hearing and ask Ms Bateman for her final remarks, please. 4 Me Bateman Recommend approval , i Chairperson ScherU Thank you, ma'am, Commissioner Powell, x F Mr Powell. Ms. Bateman, do you realize that if you fence around this tree, you are going to banish this tree 10 a'no hugging' situation? w J 16 i i r. 4. ~xla 32x1 siawarrs , i Planning and Zoning Commission Minutes April 8, 1998 Page 4 of 87 Chairperson Schertz And it will be on your conscience Is what he Is saying, You will handle that? Ms. Bateman, Yes, that will be handled then. I Chairperson Schenz: Commissioner Engelbrecht, li Mr. Engelbrechf I have a question regarding Item seven In the backup' It is not at call clew to me what 'sufficient landscaping and screening to ensure harmony and compatibility with adjacent property' mama. Is then any particular reason why this does not simply read 'landscaping and screening will conform to the City of Denton landscape ordinance" 7 Ms Bateman: I am sorry, I am lost on where you are Chairperson Scri Page three Mr. Engelbrechk Number seven Ms. Bateman: That is a-number one through seven Is the requirements for approval of the Specific Use PW,nil. And the area in bold directly below-that is our response to 8. That Is just the wording of the ordinance, aid I. am just addressing the bold area below It; I em just addressing that portion of the ordinance, We would have to a tually emend the zoning ordinance to change the wording on that-which Is something we may be looking at doing later Mr, Engeibrecht Wail a minute, you are going to tell me that ..7 Ms, Bateman. Items one Through seven are thu criteria that the Planning and Zoning Commission and the City Council have to consider approval or denial of In the Specific Use Permit Mr. Engelbrechf, So, In other words, you are telling me that if I do not feel this conforms to the City of Donlon Landscape Ordinance, I have to deny 19 Mr. Bateman I am sorry? Mr. Engelbrechl. If, In fact, the landscape requirements for this rile did not conform as I am suggesting to the City of Denton Landscape Ordinance, I have to pass It the we/ it reads or I have to deny It? Is that what you are telling me? Ms Bateman. If you do not reel that all tevbn nrileria aro met, then yes. Mr, Engelbrechf Well, let me ask you thls-what I would like to do lit simply change number seven to read, 'Landscaping and screening will conform to the City of Donlon Landscape Ordinance' Chairperson Schertz. Mr. Donaldson, help her out Mr, Donaldson Number seven In the stall report is simply the finding that you have to make In order to grant the . Specific Use Permit You have to find that there is sufficient landscaping and screening. I don't believe our landscaping requirements would apply to any of this development. There Is no street yard boing created; there Is no parking area being created; to, I Ili our Landscape Ordinance Is out of the loop, ! Mr P.ngelbrechl But I can simply add It to this S{ ecdic Use Permit, can I not? s r Mr. Donaldson You Can rdd that as a condition ['tile Specific Use Permit Mr Engelbrechl Tha ilk yo., 1 Mr. Powell. Jim, have you got son.rhing Ppp,nst harmony and compatibility? 0 • 1 I, Mr. Engelbrecht: I am particularly Interested In conalstency, 17r va Eff mail a i i Planning and Zoning Commission Minutes April 8, 1998 Page 5 of B7 i Mr. Powell, I understand, mind I agree with you; but it Is written so pretty. Mr. Engelbrecht. I know, harmony and... Mr. Powelt...,compatibility. Mr. Engelbrecht. Yes. Chairperson Schertz. Do you not think It meets the City of Denton's Landscape Ordinance? Mr, Engelbrecht. I frankly have no idea the way Ihis is written. I do not know what harmony is-we all go out and whistle together or what? Mr. Donaldson: I think that criteria Is In there so that if Commission feels there Is a reed to mitigate on Impact through landscaping, you can add any condition that y,u want, Mr, EngelbrechL So, it wt, think it's out of harmony, we can Mr. Donaldson. Absolutely. You can create harmony Mr. Engelbrecht. tweak on the harmony, Chairperson Schertz, But it's got this really big tree, Thal makes it okay. Commissioner Gourdle: Ms. Gourdle Are we dosed Chairperson Schedz. No Ms Gourdle. I'm just. .I'll wait until discussion. Chairperson Schertz We were just addressing his question. Me Gourd a Okay, t did,i t know where ws were Thank you Chairperson Schertz. And you recommend approval? Did I hear you Soy 0017 Ms Bateman. I'm sort) Yes Ch--parson Scheriz That' okay, Approval has been recommended by staff, end at this time I will entertain a motion and then we'll go into discussion Mr, Engelbre,,ht. Madam Chairman, I move to recommend approval of 2-98-018 with the stiputetion that Item number sever read'landscuping end screening will conform to the City of Denton Landscape. Ordinance' Mr Moreno. I'll second that Chairperson Scheru Al this time. I'll enlertein discussion. Commissioner Gourdle. ' Me Gomdie I'm Just curious a to whether we need to put Into the motlon whether the fence should be Inside or outside of that tree-if it needs to be slated In this, because the way it sounds to me Is that this motlon Is made with the 'Menl that the force be on the outside of the ties where the bee will not be ctlmbed. But the applicant sap he Is more than willing to do k the other way and I'm just wondering If we need to clarify that for the records to ~ o Chairperson ScherU. Mr, Donaldson Mr. Donaldson. I Wink if you could make the motion as specific as you feel comfortable, that would be the best case. 1B. 32X ARM A Planning and Zoning Commission Minutes April S, 1998 Page 6 of 8? Ms, Gourdle: Well, first before we make a nation, I would like to have a discussion amongst us to find what would be the best option for us to take. 1 can totally understand about the little child who wanted to climb the Vee, but I can also understand about the liability Issue, and N the Gtild gets caught on the other side of the lance, is that Mom going to climb the fence, jump over and climb beck over the tree. I mean, how do we gat the children in and out d they do get on the Inslde. I'm Just-She liability Issue to me Is a bl greater than the child climbing the tree. Mr. Powell'. Madam Chairman. Chairperson Schanz', Commissoner Powell Mr. Powell, I would move that we amend the motion to add that the fence be constructed with an Indentallon sufficient that It does not provide a hazard for the tree or children climbing the tree. I believe that's basically what he said and I'm just trying to put II into some kind of language that would fit. Ms, Gourdie, Does Indention mean Inward or outward? Mr, Powell, An indention means in because it's m Indention Ms Gourd* So, the children can climb the tree. Mr. Powell', Correct. Ms Gourdie', Thank you Mr, Engelbrecht. 111 second that Mr, Powell. And not only that, but people can hug that tree now. Chairperson Schertz' We have a motion on the floor before we have the amended motion. Are you going to withdraw your first motlon7 Mr. Engetbrecht I just seconded the amendment, Mr. Powell. We have to vote on the amendment Chairperson ScherU Is everyone clear as mud? Mr, Engelbrecht, Can we have comments on that amendment? 1 Chairperson Schertz, Commissioner Moreno wanted to make one comment, f A Mr. Moreno At the risk or being an old fuddy-duddy Chairperson Schertz. Oh, go shoot. Mr. Moreno' ,..does the City of Denton encourage tree climbing by our children when they could be at risk. L Chairperson Schanz I know. I'm having a problem wilhthat Mc Moreno, That's just a question Chairperson Schertz, No, I think that's an excellent point 0 • i i M,, Moreno: Are there other trees that they can jump on top of that are accessible in this arms, Me, Bateman? f Ms Bateman Well, let me make on attempt at this ores. There are several trees In that park, I'm not sure that we 1 promote the climbing of treat, I don't think It's something that we could definitely slop; and I think-N your question 1 1 , 19r , ' 32xI 25KI0 ~ Ali ~ ~ 1 ~ i 4 , svassa r Planning and Zoning Commission Minutes April B, 1998 Page 7 or 87 E Is are there cihar tree" you choose to Include that Ires In the fenced-in area, are there other trees to climb. I'm not sure of the exact number of trees on the property. I'm sure that there are. I'm not sure N I'm answering your question or not. . Mr. Powell: In the Interest of discussion, Madam Chairman, if I may. To carry your point to the extreme, Rudy, N ws did that, we'd have to put a fence around every bee In every park In the city, I know that's going to an extreme, but you get my point. i E Me Bateman: I think the major concern Is, you have to look at two things. One, do you want to keep the tree open so that kids can play with R or people can it underneath it end allow R to expand outward In a manner that we would need to build the fence In such a way as to prevent anyone from getting down in there; or do you wall to fames It In and rot have to worry about the trimming of the tree In the event it does come over the fence. If we leave R unfenced, if the Iree starts to go over the fence, we will be required to him R for liability reasons. I'm sure. N the tree does not go over the lance, or the tree Is Included In the fenced in area, then the actual trimming of it would not be on Issue unless R got to low to the point on the outside of the fence that someone could climb up It from that angle. I mean that's fealty the two issues. Chairperson Schartz: Do you have a picture of that tree? Ms. Bateman. You know, I did real well at taking my pictures, but I did not get that side of the fence, Chairperson Scheru After all of those compliments Ms, Bateman I know. Chairperson Schertz, I was just curious. Give us a visual, since we do not have one, Ara we talking about a Five. year-old child, a twelve-year-old child-sre these limbs so low (hat anybody can. The way I understand It Is R we fence around the tree, a child cannel start at the trunk and climb, Is that what we are boolcolly-and to rte, that is sensible So then, the other thing It that ON hangs over, we are going to take care of Inat Me Bateman I am not sure If yc t see on this one. We are looking at probably about 8 or g feet up before 0 starts splitting off. Is that safe to say? Mr, Wells I would say about 10 feel, Chairperson Scheme: Well, I think the safest way to prevent normally kids from climbing Is to fence around the trunk of (he tree, which Is what you had origlnalty proposed--eorrecl7 Me Bateman. Correct Chairperson Scheriz Okay. Ms Apple. I would agree, Chairperson Schertz, I am probably happy with that. Go ahead, Mr. Powell, i Mr, Powell But she was not doing that to keep klds from climbing the Iree--correcl7 Me Salomon Yes, R was, Mr, Powell, Sul only because they could get over the lance 7 • Ms Bateman Correct , uc~s/f Mr, Powclt, Not to stop them from climbing the tree. You just did not want them to be obis to get over the fence. ! yir N 1 . I So, if we con cure the fence problem another way, seemingly you do not care I 20. V x 10 32 t 01 Y ' r mwlaen 0 k ' % ;g temAr r Planning and Zoning Commission Minutes April 9, 1096 Page 5 o(67 Ms. Bateman: The way you are looking at t is-here are a couple of options One is, where the fence Is extended outward around the tree-say, for example, this is the canopy portion and you got branches that ere extending out this way--if we were able to fence it In this way, you would not have anyone climbing up the tree and going out the branches over Into the fenced-in area The other option would be-Rey, tell me H I em misunderstanding whet you are saying-coming Inward about 25 feet, going around t this way, Is that right? Okay; and that way, the branches included would be outside the fenced-im area. One disadvantage that I sew about doing this Is that If these branches-I mean the tree Is going to continue to grow as king as It Is aliv" these branches start extending out over this fence, eventually we will have to trlm that. Depending on the size of these, there may be some concern on the trimming on it. That Is really the Issu"o you want it to go inside the fence or outside; but that is the concept on what It would be H K Is outside the fence, Chairperson Scheru, Thank you We have a couple of questions that we will address, and then we will go Into lurtherd'iscussion Commissioner Gourdle. Ms. Gourdie Wih It continue to be a chain link fence? Ms. Bateman Yes Ms Gourdie Thank you. ChairpersonSchertz: Commissioner Moreno. Mr, Moreno. How old Is the tree and what kind of tree is it? Ms, Bateman. I am not an arborlat. Mr. Moreno I am guessing from the pkturs that t is a live oak, relatively young Ms. Bateman, II Is probably a live oak. As for as height, we ere talking 10 feel-70 or 40 feet. It is about as big around as this podium Chairperson Schertz. I am sorry. Mr. Powell, Madam Chair, I have just given it some thought about what you said earlier about the sigh-do you realize that that would probably creale a rest hazard because now we would reed a sign permit, ws would have to come back before the P & Z I could not resist, I am sorry, Cha rpereun Scheru Is there any other discussion or comments? I am probably going to slay with the odgiral recommendation fiom slall, and I em just going to let my opinion be known. I think that H Is hall a dozen to one or the olher Ater listening to it go back and forth, I think that the way M was Vginally proposed Is what I am most comfortabie with Mr, Moreno. Me, too. • ` Ms Apple, Ma, three, Chairperson Scholz: And Is that whet we said, Commissioner Powell? r ` i ~ .Ir w Mr. Powell, No, we have an amendment to the motion, and It has been seconded, to build a Isnce the second way 4 that she shows there with on indenlelioll r I ~ Chairperson Schanz: Okay. Mr, Powell, So that the lens would not encompass the tree but would not present a hazard. • ; .r , 'f r Chairperson Schertr. All right. Commissioner Moreno? 21. r 1Y, 10 32xL~ .5 M a Planning and Zoning Commission Minutes April 8, 1998 Page 9 of 87 Mr. Ni If that Is the case, then I withdraw my second. Chairperson Schertz Do I hear another second? Mr. EngelbrechP, No, I believe I seconded the smendmenl. We are discussing the smendmenl, right? Chairperson ScherU: All right. I Mr. Engelbrecht, I seconded the amendment Chairperson Schertz, And you are going to leave your second. I Mr. Engelbrecht Yes, E Chairperson Schmitz All right, then, we arm going to vote on the emendment that Commissioner Powell and the second that Commissioner Engelbrecht made. If everyone would please cost their votes, The voting is complete i and we display the results. The motion fads 2.5. (2-5) Mr. Engelbrecht, Thera are not too many tree climbers here, Bob Mr, Powell, Not hugger" thought we were ail huggers here. Chairperson Schertz That motion has failed, and I would entertain anew motion, please Mr. Powell We do not need a new one Mr. Donaldson. We got a nation on the table, ids Apple No, we withdrew it Mr, Powers, Unless he withdrew his second Mr. Moreno I withdraw Mr. Powell Your withdrawal? Mr. Moreno. Myw0drawal Chairperson Schertz. It Is 6.15 p in this could be a long night. r Mr. Moreno. This normatly does not happen till at least 1000 p m. Cha ,person Scheriz. All rlghl For clarification, Mr. Donaldson, would you just share with us ' Mr. Donaldson. Let's do it-!o approve the case 017_•98-013 with the condition that the LondscerH Ordinance be ~ k met, Chairperson Schedir All rlght. Commissioner Moreno, you are comfortable with that second? ti r Mr Marano, Yes i Chairperson Schertz. AN right, Ihankyou . Is there any discussion? Commissioner Engelbrechl1 Mr. Engelbrechl. I Just wanted to make a comment with regard to the landscape and screening Thera Is no street frontage, end there Is no driveway solo speak But this is a facility that Is going lobe used Daslcahy for commercial U purroses. I see no reason-It Is going to have considerable mass In certain places I believe k ought to be i screened In the r. na manner that we would require the screening for any commercial business along University 22. tY +Y~' 25 * 10 32 x 1 0. " Q Planning and Zoning Commission Minutes April 8, 1998 Page 10 of 57 Drive or anywhere else. t believe-think that that Is only reasonable for the residents In the area. I also believe that that Is consistent In terms of what we are asking of everyone else In the city, t Mr Powell, Here, here. Mr, EngelbrechC That is why t requested that, I say no more. i Chairperson Schertz, Thank you. Is there any further discussion? Seeing none, I would ask the Commissioners to please cast their votes. Voting is complete and I will display the vote. It passes unanimously 7.0. (1.0) Mr, Powell. Madam Chairman, if I may? Chairperson Scherut Yes, sir. Mr. Powell, All my life I have heard making mountains out of mole hills, but tonight we made one out of an oak free Chairperson Schertz. Thank you, Thanks for everyone's Input. a. Hold a public hearing and consider making a recommendation to the City Council regarding an amendment to a detailed plan on 0.172 acres toned Planned Development 83 (PO-83). The property to located on the wait side of Baffled Drive, south of Audra Lane. The purpose of the amendment Is to change the allowed use on ex lots from Two Family (2F) to Single Family 7 1 on three lots with a minimum lot size of 8,000 square feet each. (Z•88-012, Audra Meadows, Donna Beeman) Chairmen Schertz. Item 9-1 will open the public hea9np and consider making a recommendation to the City Courr6l regarding an amendment to a detailed plan on 0.472 sues zoned Planned Development 83. The properly is located on the weal side of BWoold Drive, south of Aveiro Lana, The purpose of the smendmenl Is to change the allowed use on six lots from Two Family to Single Family 7 on three lots with a minimum lot size of O,ODO square feet each And Ms. Bateman will present this Item, please. Ms, Donna Bateman presented the staff report Ms Bateman. Madam Chair, members of the Commission, I hope I make this easier on you. We have a planned development tonight the is actually six lots approved for two-family dwelling unite This was approved In 1884. As you can see from the dotted line In the middle of each lot, what the applicant proposes doing is removing each lot tine end allowing for three singledamily homes Instead of six duplexes. This Is a planned development; therefore, we ere rezoning from planned development for two-family to Planned development for singledomily lots on 6,000• square"foot lob, This Is in accordanu with lots that ore adjacent to It, except for just to the south is an existing duplex that was constructed on the property The property Is currently platted Into six lots, and a minor emendment would only be necessary In order to snow for the proposed development. All L ilRles Ors In place, We notilied 28 property owners on March 27'". We have received 11 reply forms In favor, zero opposed, end one was returned by -14 mad The proposed detailed plan is in accordance with the requirements of the toning ordinance for a detailed plan. I would be happy to answer any questions • Chairperson Scheriz, II Is not going to affect my role, but I am just kind of curious. I understand why there are not r any sidewalks required, ere there any sidewalks wound that area? Ms. Bateman No, there are not Chairperson Scheer Okay, and there are no sidewalks required because N Is grandfathered, basically? Ms Beleman. Correct , J hairperson Scheer. Are there any other questions of Me Bateman of this lime? Thank you. At this Lime, I would C like to ask the petitioner if he would like to address the podium and plena speak? 23r c 25xla 32XIO L r to AVON" Agenda No, AGENDA INFORMATION SHEET I , Agenda Item-_~'~CL~ Date f` !e3 9p AGENDA DATE: May 12, 1998 1 DEPARTMENT: Planning DCM: Rick Svehla, 349-7115e i I SUBJECT Hold a public hearing and consider an amendment to the concept plan for 15,8 acres and approval of a detailed plan for 0.472 acres located in Planned Development 83 (PD-83) zoning district to allow for a change in the permitted use from Two Family on six lots to Single Family 6 on three lots that are 6,000 square feet minimum. (Z-98-012, Audra Meadows) { BACKGROUND 1 See Planning and Zoning Commission Report. PRIOR ACTION l RF.VIE W The Planning and Zoning Commission recommended approval of the amendment (7-0) at its meeting on April 8, 1998. FISCAL. IMPACT 1 None AJTACHNIENTS I, Planning and Zoning Commission Report. 2. Dran Ordinance. 3. P&Z Minutes of April 8, 1998. Respectfully submitted, t i~ ~ ~ Dev t1l ~ ~ I ~ s DrrectotorPlanning and Development Prepared by:~ % nna Bateman Senior Planning Technician i 1 I rs' MIUM 44 MOEN" memo= 4 0 ATTACHMENT 1 PLANNING AND ZONING COMMISSION STAFF REPORT Subier,J: PD-83 Detailed Plan Amendment Case Number: Z-98-012 Audra Meadows Staff: Donna Bateman Dift: April 8, 1998 GENERAL INFORMATION Applicant, Jeffrey C. Bacon V.J,D. Inc, P.0, Box 1732 Denton, TX 76202 i Owner: V.J.D. Inc, P.O. Box 1732 Denton, TX 76202 Action: Request an amendment to the concept plan on 15.8 acres and approval of a detailed plan for 0.472 acres located in Planned Development 83 (PD-83) zoning district to allow for a change In the permitted use lrom Two Family on six lots to Single Family on three lots that are 6,000 square feet. Location and Size: The subject property consists of a 0,472 acre tract located on the wet j side of Bayfield Drive, south of Audra Lane. Surrounding Land Use and Zonin : ' LOCATION ZONING LAND USE North: Planned Development 98 (PD-96) for Multi Single Family Residential and Family / Commercial Undeveloped and Single Family 7 (SF-7) South: Planned Development 83 for Single Family I Single Family Residential, Two Two Family and Planned Development 73 Family and Undeveloped (PD-73) for Multi Family 1 Llyid Industrial East: Planned Development 27 (PD-27) for Multi Single Family Residential and Family t Commercial / Office Undeveloped t! And Single Family p West: Agricultural (A) and Single Family Single Family Residential and Undeveloped Denton Development Plan (ODP): Low Intensity Area #47 (110% allocated). 2. 32 X s 0 SPECIAL INfORMATION j The property Is platted as Lots 36A thru 38B, of the Audra Meadows Addition. A minor plat will be required to remove the three lot lines In order to develop it for single family use as proposed. The requested amendment will have no adverse Impact on transportation, drainage, waterlwastewater, fire protection or electrical lines. A six Inch waterline and a six Inch sewer line aie located along Brittany and Bayfeld Drives. Electric service is provided underground. BACKGROUND In 1984, The City Council approved a planned development on 15.8 acres, including this property, for single family detached on 6,000 square foot lots, duplexes on 6,000 square foot lots, and multi- family. In 1968, the Commission approved a replat of the duplex section to create separate lots for each side of the duplex. JICTwenty ~eight (28) property owners were notified of the request on March 27, 1998. As of this writing, eight reply forms have been returned In favor, none have been returned in opposition and one has been returned undeliverable. The applicant did not hold a neighborhood meeting but has j met with the neighboring property owners. ANALYSIS { The proposed plan shows an increase In lot sizes to allow for three single family units Instead of six duplex units. The amount of building coverage on the lot Is not expected to change though the number of paved parking and vehicles expected will, I Section 35.151 of the Code of Ordinances requires that the following information be shown on a detailed plan: Acreage. The acreage in the plan as shown by a survey, certified by a registered surveyor. Provided; total site acreage is 0.472 acres, : Land Uses. Permitted uses, specified in detail as determined by the department, and the i acreage for each use. Provided; permitted use is single family detached. ON site Information. Adjacent or surrounding land uses, zoning, streets, drainage facilities and other existing or proposed off-site Improvements, as specified by the department, sufficient to demonstrate the relationship and compatibility of the district to 0 the surrounding properties, uses, and facilities. Provided. I Traffic and transportation. The location and size of all streets, alloys, parking lots and parking spaces, loading areas or other areas to be used for vehicular traffic; the proposed access and connection to existing or proposed streets adjacent to the district; and the traffic generated by the proposed uses. 9 • The Engineering Department will approve the exact location of the driveways with the building permit, Two parking spaces will be provided for each residence, : Buildings. The location, maximum height, and minimum setbacks for all buildings, and If nonresidential, the maximum total floor area. Provided. The maximum height proposed is two stories with the minimum setbacks 3. In 32X10 Y 1 S • • it b ;aoeaus , I . • .~.'.r.n r.lwn AY'RX 'w ..n11./v. 4 r•.. •.n ~ ' requirements for Single Family - 7 (Sli zoning. E D Residential development. The number, location, and dimensions of the lots, the minimum setbacks, the number of dwelling units, and number of units per acre I (density). Provided. Three units are proposed, Water and drainage. The location of all creeks, ponds, lakes, floodplains or other water ' i retention or major drainage facilities and Improvements. Provided. i Y Utilities. The location and route of all major sewer, water, or electrical lines and facilities necessary to serve the district, Provided. Utility services are existing. y Trees and landscaping. The location of all protected frees and a landscape plan as required by the city's landscape ordinance. No protected trees exist on the property, The previously approved detailed plan showed that each builder 4vould landscape each lot individually. Staff would propose that this requirement remain. Y Open space. The approximate location and size of greenbelt, open, common, or recreation areas, the proposed use of such areas, and whether they are to be used for public or private use. Not Provided; No open space Is designated on the property. > Screening. The location, types, and size of all fences, berms, or screening features proposed between different land uses or adjacent properties. Not Provided, Fencing may be aJded at a later date as a minor amendment to the detailed plan. Slgnsr Location, type, and size of all signs regulated by the city's sign ordinance. I No signs are proposed. i Sidewalks and bike paths. Sidewalks or other improved ways for pedestrian or bicycle use. Not required since this Is a residential replat. A. 0 RECOMMENDATION ~ The subject property Is surrounded by single family development on the east and west, There is one duplex unit to the south but that Is the only duplex that was constructed In accordance with the previously approved planned development. The remaining lots to the south were developed as t single family lots. 1 Staff recommends approval of 2.98-012 e . SUGGESTED MOTION I move we recommend approval of ..-98-012. ' .I sl 4. ~C] 32x~CJ r t I ~ 1~ ~ I ~ r Y °n y r r r ~~r ~ ~ 7 1 F ~ r f r x ! 5 f t ~ r i { ~4 d 9 1 ~ r I~ st w I T { I J ~ I v r i . r A+ I 1 J ~ 47 I , , O 1 7. Y I t\ 3 ~ ~ i f r I ~ 7 ALTERNATIVES 1. Deny the request. - pp Approve the r. juest as submitted. t t . 3, Approve the request with other conditions. , a 4. Postpone consideration. ENCLOSURES: P 1. Location Map. 2, Surrounding Zoning Exhibit. 3. Existing Concept Plan. ' 4, Proposed Detailed Plan, a ~ a1 ~F iP P 4r f { I 1 J tit rl + 5 k ~I + y 1 1 YY~'h i J~ I I f T { 1 I) ~ V ~ +I !yl r:. f + ri ~w 1 n + It n'~ 414 ~x~: ~ ~ 1 t r ~ I4 e{ J a ~A~lr y cif y 'x LJ n~~a ~7~~{n u J lY~ 32xI43 c ENCLOSURE 1 2-98.012 OAKLId unig l! - ~Y 17 Fl D I U F I 1. Y Lu, --t L' - +>F a° ® z ° _a~ L 1 a m 6. 32 x f I • ' o i Enclosure 2 '.98-012 (Audra Meadows PD-83 Amendment) NORTH li u - f 96 r S n SITE V u, t I Z i R, 1 i= r-A I I PD 77- 1 1. 41W I C e LYawve t 27 yY iN o , V - D cY a _ I r- S r; I I PD o ' l Surrounding Zoning Map 7" ~Y Date: 418198 Scale: None s » ENCLOSURE 3 AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. b°-1 ANU AS SAID MAP APPLIES TO 15.8 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF AUDRA LANE APPROXIMA'9ELY 1,050 FEET WEST OF LOOP 20tl, AND 1S MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING I.. CLASSIFICATION FROM AGRICULTURAL 'A' DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT 'PD' CLASSIFICATION% AND USE DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF UENTON, TEXAS, HEREBY ORDAINS: SECTION I. That the zoning classification and use designation at the following described property, to-wit: All that certain tract or parcel of land situatea in the M.E.A. 1, P.A.R. Company Survey, Abstract No. 927, City and County of Denton, Tessa, being all of a certain 16.Od4, more at leas, acre tract described in a deed trom Elmer F. Florenz to Philip James Clemente on the 29tn day of Dece*wer, 1970, recorded in Volume - - 6130 Page 197, Deed Recurde of Bald County, and Ueln.l mote tully _ described as follows: BEGINNING at a tound steel pin at the nortneast currier of said l6.Od4 acre tract In Auara Lane; THENCE south 0431' west pass at 23.81 feet a steel pin on the su~th boundary line of Auara Lane and continJlmg with a fence A _ total distance of 1371.96 feet to an Iron pin and fence cornet; THENCE north 89822137' west with said tense a distance of 510.19 Lett to an loon pin and tents comer At the southwest corner of said 16.084 acre tract: THENCE nortn 0126134' east witn the west boundary line of Bald i tract along and near a tense a distance of 219.24 test to a tense corner angle; THENCE north U427'55' east witm the went boundary line of said 1 t, tract and with a fence a distance of 243.52 Lett to a fence angle; THENCE north 0134'5$' east with a fence and the west boundary line ' of gala tract pass at St I.5b teet a steel pin on the south toundary line of Auara Lane and Cuntinuing a tutal distance of d85.70 feet to an iron pin .it in* nattn.est corner of said tract In Auara Lane; THENCE south 09446017' east in Auara Lane a distance of Sil.10 feet to the point or beginning and containing 16.UB34 acres of ° Lana, there being 0.2814 acre located within Audra Lane, leaving a net of 15.602U sorts of land. Is nerecy changed m Agricultural 'A' District Clessitication and Use designation CO Planned Development 'pD' Classitlcatlon and use aeeignation under the comprehensive zoning ordinance of the City at Denton, TeXaa. SECTION It. That prior to issuance of any certificate of occupancy for the use of any building within the planned development district, the - following conditions small be met: 1.-16b6'w ESTr'1 HOMFh, TNi,/ ' r K ~C 32x10 .%M I 1. Specific site plan approval is required for all multi-family uevelopment. 2. Maximum height of multi-family structures shall be limited to two (L) stories. - 1. Single family 'SF-7- land development standards, except for lot size, shall apply to the 6,000 square toot Slhgle tamily lots - area of this development. 4. That electrical services shali be underground except for major transmission lines. SECTION III. That the development of the property Shall be 'n substantial compliance with the Site plan attacned hereto and made a part " hereof for all purposes. The Zoning Map of the City of Denton, Texas, adopted the 14th day of January, 19590 as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 69-1, oe, and the same is hereoy amended to show such change in District Clas.lfi- catidn and Use subjedt to the above conditions and Specifications. SECTION IV. That the City Council of the City of Dentun, Texas, heresy tints that such cnange is in accordance with a comprehensive plan for the puipuse of ptomoting the general welfare of the city of Denton, Texas, and with reasonaule Conalderationt among other things for the chatacter Of the district and far its peculiar suitauility or particular uses, and with a view to cunserving the value of the buildings, protectinq human lives, ano encouraginq the most appropriate uses or land for the maximum uer.etit tH the City of Denton, Texas, and its citizens. , SECTION V. That this ordinance shall de in full force and etfect - inimeoiately after its passage and approval, the required puulic hearings having neretoforw been held by the Planning and toning •i Commission and the City Council of the City of Denton, Texas, after giving sue notice thereot. PASSED AND APPROVED this the I-E oily Of L994. I . 3 C AD U. EWAR , MAYOR C'IT OF DEN 011, TEXAS ATTESIr A CN RLOTTE ALLEN, CITY SECRETARY CITY UP' DENTON, TEXAS APPROVED AS TO LEGAL FURM: ' JOE D. 14UPRISO ACTING CITY ATTORNEY CITY OF DENTON, TEXAS i dYi r , n 9. 4-1696/WESSON ROMES, INC./PAGE 't - - s io 32X10 t y 1 1'^ L L ° "err i Y y { y n { ` A < { I RR I1 f T (y 1 4~ y• r 1 r r ~rt»:: fJr.KANsnu.r ra.u.. Jruwwwnin•. W,~.~ ~ ~ ~ ~n t , r 4 4 10 I I i 7 t i Y urc "NOW , LA-jC y p M F R ~ ~ a y ' f.tl r ~ I ~ i i 1 2.1666 WESTON HONES, tNC. III fl I` { Y' E 10. - - ----R~ 2'K a 32x10 VOW" • c ' m ENCLOSURE 4 NORTH c •98-012 (Audra Meadows PD-83 Amendment) • - AUDRA LANE I,Y aea N I , I A W42 42 f moor VY Woo -40Y1 ptp[04w Ic fie 1,...• I ' I x ,xt • uro x 4M,~4~ 1 i S I ~ tel i ~1 a• ! I ^ I ' 60~ I I I I m I _ ~ o~ Ir! ~ 1 0 ~ii1! I I M µNptK{ I ! F wit I • I A } r ' I 1 E: x l l a I" • 20' tat, ! L ar I' I I I I •o.+~.l~ I I ,fr ~ ~I I I I 1 filet fl t 1 te. wa Rttw~.~' r n non .!t C Ey I o i l ~i W., F. ~V• .L113 YITOJG fl+C. c.tcw F, w. ( r I ~ RiIR(TlW rik1 . lo- try tna I „t ~liiTtl n fo-.+ .-o- n.a-11.fa e r4~f N~Mw AY~6004 , r~ ~ Q it Proposed Detailed Plan Date: 418198 Scale: None 2S t a 32xID 1 A IV6 m3 ds DIRAFT ATTACHME I3T 2 ' ORDINANCE NO. { AN ORDINANCE OF THE CITY OF DENTON. TEXAS, AMENDING ORDINANCE NO. 84- 117 TO PROVIDE FOR A CHANGE IN THE CONCEPT PLAN FOR THE PLAN14ED j DEVELOPMENT (PD) NO. 12 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION AND PROVIDING FOR APPROVAL OF A DETAILED PLAN ON 0.472 ACRES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Jeffrey Bacon, on behalf of V.J.D. Incorporated, has applied for an amendment to the concept plan set forth in Ordirance 84-117 for 0.472 acres of land in planned development (PD) No, 83 zoning district classification and use designation; and I~ WHEREAS, on April 8,1998, the Planning and Zoning Commission, after a public hearing, recommended approval of the requested changes; and WHEREAS, the City Council finds that the amended concept plan and proposed detailed plan will be in compliance with the Denton Development Plan and Denton Plan Policies; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L That Ordinance No. 84.117, providing approval of a planned development district for 15.8 acres of land as described therein, is hereby amended by approval of a revised concept plan and approval of a detailed plan on 0.472 acres for planned development district No. 83, es described in said detailed plan attached hereto as Exhibit "A", incorporated herein by reference. The property therein described shall be constructed, used, and maintained in accordance with the approved detailed plan: SECTION IL That the provisions of this ordinance as they apply to the 0.471 acres shown in the detailed plan herein approved, shall govern and control over any conflicting provision of Ordinance No. 84.117, but all the provisions of Ordinance Nos. 84.117 and 89-024 as they apply ' • to that remaining portion of the district not herein amended, shall continue in force and effect and shall apply to the remainder of the district. SECTION Ill- That a ropy of this ordinance shall be attached to Ordinance Nos. 84-117 and 89.024, showing the amendment herein approved. 12. 25 x Irk 32XIr 0 a t . rw1,R:::N+.64.<ni<..,6.. aw ah... _ L. wrrvW wfralY.a[b1r94.1~~''wr][aNiswhw.+w s....w ~ _ r . ,1 i SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. k SECTION V. That this ordinance shall become effective fourteen (I4) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of .1998. l JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY i 1 A f j l x . 'P. 13. 111 . 1 i ~C7x ~Q3xrC} a 0 i 5 EXHIBIT A FIELD NOTES to all that certain tract of land situated in the City and County of Denton, Texas and being Lots 38, 37 and 38 A 3 B in Block B of Audra Meadows, Block A and 8, according to the Reptat thereof recorded In Cabinet G Page 218 of the Plat Records of Denton County, Texas; the subject tract being more particularly described as follows: BEGINNING for the Northeast Comer of the tract being described herein at a capped Ira rod set for the Northeast Comer of said Lot 38 and sold Block In the West line of Baytleld Drive and the South fine of Audra Lane; THENCE South 00 Degrees 33 Minutes 00 Seconds West with the East line of said Lots and Block and the West fine of said Drive a distance of 205.93 feet to a capped Iron rod set for the Southeast Comer of said lot 38A; j THENCE North 89 Degrees 27 Minutes 00 Seconds West with the South line thereof and the i North line of Lot 358 a distance of 100.00 feet to a capped Iron rod am for the Southwest Comer of said Lot 38A; THENCE North 00 Degrees 33 Minutes 00 Seconds East with the West line of said Lots, t generally along a wood fence a distance of 205.47 feel to a 112" Iron rod found for the Northeast Comer of Lot 38B In the South fine of said Audra Lane; THENCE South 89 Degrees 42 Minutes 49 Seconds East along said Lane and the North line of said Lot 38 and sold Block a distance of 100.00 feet to the PUKE OF BEGINNING and enclosing 0.472 of an acre of land.' 'r r 14. rt , ri WFtlh l 32 x ICI mr, wit O J 1 raraarr Planning and Zoning Commission Minutes ATTACHMENT 3 Apiil8, 1998 Page W of 87 Drive or anywhere else. I believe-Mink that that is only reasonable for the re,idenls in the area. I also believe that that is consistent in terms of what we are asking of everyone else in the dty. Mr, Powell, Here, here i Mr. Engelbrecht: That is why I requested that; I Lay no more. Chairperson Schertr. Thank you. Is there any further discussion? Seeing none, I would ask the Commissioners to please cast their votes. Voting is complete and I will display the vote. It passes unanimously 7.0. (7.0) Mr. Powell: Madam Chairman, 01 may? Chairperson ScherU: Yes, sir. , Mr. Powell: All my life I have heard making mountains out of mote hills, but tonight we made one out of On oak tree. Chairperson Schertz: Thank you. Thanks for every ones input 9. Hold a public hearing and consider making a recommenda8on to the City Council regarding an amendment to a detailed plan on 0.472 acres zoned Planned Development 93 (PD43). The prop" is located on the west side of Bayflefd Drive, south of Audro Lane. The purpose of the amendment Is to change the allowed use on slit lots from Two Family (2F) to Single Family 7 (SF-7) on three lots with is minimum lot sizaof 8,000 square feet each. (2.98-012, Audra ldesdows, Donna Bateman) Chairrran Schertz: Item gi will open the public hearing and consider making a recommendation to the City Council regarding an amendment to a detailed plan on 0.472 acres zoned Planned Development 83. The property is located on the west side of Bayfield Drive, south of Audra Lane. The purpose of the amendment Is to change the allowed use on six lots from Two Family to Single Family 7 on three lots eith a minimum lo! size of 8,000 square feet each. And Ms. Bateman will present this item, please. Ms. Donna Bateman presented the staff report. Ms. Bateman, Madam Chair, members of the Commission, I hope I make this easier on you. We have a planned development tonight that is actually six lots approved for two-famity dwelling units, This was approved In 1984. As you can see from the dotted line In the middle of each tot, what the applicant proposes doing Is removing each lot line and allowing for three single-family homes instead of six duplexes. This Is a planned development; therefore, we are rezoning from planned development for two-family to planned development for singte-family lots on 6,000- square-foot lots. This Is in accordance with lots that are adjacent to 8, except for just to the South Is an existing duplex that was constructed on the property. The property Is currently platted Into six lots, and a minor amendment would only be necessary in order to allow for the proposed development. Al utilities are In place. We notified 28 properly owners on March 27", We have received 11 reply Forms M favor, zero opposed, and one was returned by a M mail The proposed detailed plan Is In sccordance with the requirements of the zoning ordinance for a detailed plan. I would be happy to answer any questions • Chairperson Scheru Us not going to ailed my vole, but l am Jus! kind of wdoue I understand why there omit not any sidewalks required, are there any sidewalks around that area? Ms Bateman: No, there are not Chairperson Scheriz Okay, and there are no sidewalks required because n is grandfathered, basically? Ms Bateman, Correct Chairperson S, herls, Are there any other questions of Ms. Bateman at this time? Thank you. At this time. I would O ' like to ask the petitioner d he would like to address the podium and please speak? I 15. _ z K 10 32X10 . i e , seaerss . • to ; 'WAR~ , Planning iii oning Commission Minutes April 8, 1998 Page 11 of 67 Mc Bacon. My name Is JeM Bacon and my address is 918 Brittany Drive. There is an existing sidewalk already on l the north side here, Then the rest of the street makes a loop on here and there are no other sidewalks existing on any other lots, We have talked with most of the surrounding residents, and they are in favor of not building any more duplexes there, So, I think we have approval of everybody around there, and If you have any other questions? Chairperson Schertz: None at this time, [hank you. Is there anyone else to speak in favor? Anyone to speak in favor? Is there any opposition? Any opposition? Seeing none, I would ask the petitioner if he has any other remarks? I will close the public hearing and ask Ms. Bateman for her final remarks, please, Ms. Bateman Staff recommends approval. ChairpersonSchertz, Thank you. 1 Mr. Engelbrecht, Madam Chair, I move we recommend approval of Z-98.011 Ms Ganzer. Second Chairperson Schertz. Motion has been made and seconded. Is there any discussion? Seeing none, I would ask the Commissioners to please cast their votes, Voting Is complete and t will display the results. This line item passes unanimously 7,0. (7. 0) 10. Hold a public hearing and consider making a recommendation to the City Councll to rezone a 0.350-acre site described as Lot 4, Block 1, of the Chandler Addition from the Single Family 7 (SF-7) zoning district to the Muld-Family 1 (VF-1) zoning district. The property Is located on the northwest corner of Locust Street and Sherman Drive and multi-family development Is proposed. (2-98-010, Chandler Addition, Donna Bateman) Chairperson Scheru Item li -hold a public hearing and consider making a rooommerration to the City CourkU to rezone a 0350-acre site described as Lot 4, Block 1, of the Chandler Addition from the Single Family 7 zoning d,strict to the Multi-Family 1 zoning district. The property is located on the northwest corner of Locust Street and Sherman Drive and multi-family development is proposed, Ms, Bateman, and 1 will open this hearing Ms. Donna Bateman presented the staff report Ms. Bateman. Madam Chair and members of the Commission, this request before you this evening is to take a little less than a half acre and rezone it from single-f: niy 7 to multifamily, This tract Is located on the northwest comer of Locust and Sherman. This property is local( d within a low Intensity area and Is platled. So, In the event of any development whether the rezoning be approved or not, platting the property would not be required prior to obtaining a building permit I would add That since the lot has frontage on two arterial streets [iwl Lw ordinance allows a curb cut on the lesser of the two, which in this instance would be Locust Street. The applicant MCA apply for a valance to allow for a curb cut or a driveway access oil of Sherman, but at this point, f really could not ten you what slaffs position would be on that. We sent out 13 notices to property owners, and we have received one in favor, three cpposed, we have received several outside of the 100 feet in opposition. The opposition Is currently &1 13%, so the S 20°ir rule would not be In, effect. Based on the location of [his lot, k would be easy to see how development of a single family residence is not likely at this location It has been vacant for several years, and we do agree that there ' is some alternative development that would be acceptable for that piece of property. But we are not sure that, at this point, that straight multi-family with no conditions is the right way to go. Staff is recommending approval of this with one of the conditions that a maximum of six units be placed on the property. I have kind of made a-I got this from Mark, trying to locale six units onto the property, Based on this layout, It would be abutting the multifamily, which 19 immediately next door and would have a setback of 10 feet from the property to the north, The goal was to try to ( move everything to the southern end to give some type of buffer from the single-family to the north, Thd applicant Is . proposing having the units upstairs and having the parking downstairs directly below [he units. Based on this layout, parking beneath these units would be exeptable I have come up with )ust s figure of 900-square-loot units-that is Q approximately two-bedroom units. I am not sure exactly what the applicant is proposing, but I vaunted Io kind of figure it on the higher end Another Idea was to have the units all in one bidding. this would allow for parking, accessory parking, or additional guest parking at the end. You could still park beneath the units Based on the dimensions that I have given on both of these scenarios, the size of the building would not most likely be this large or 16. , ,ICs 32 X I 1 i I l Agenda Na e rv 2-98-002 Apanda Item + ff Oate-_•J AGENDA INFORMATION SHEET AGENDA DATE: May 12,1998 DEPARTMENT: Planning Department j CM/DCM/ACM: Rick 3vehla, 349-7715i SUBJECT - Z-98-002; (Hw), 377 and Hamilton Road) Hold a public hearing and consider rezoning 3.491 acres located on the northeast comer of Highway 377 and Hamilton Road from Agricultural (A) zoning district to Commercial Conditioned (C[c]) zoning district. The property is legally described as part of Tract 15 (in City) of the J. Severe Survey (Abstract 1164), City of Denton, Denton County, Texas. The applicant proposes to develop an office and retail center. i BACKGROUND Three (3) meetings have been held to consider this rezoning request - two (2) at the Planning and Zoning Commission and one (1) neighborhood meeting. March 11, 1998, Planning and Zoning Commission Meeting: Staff recommended approval of zoning request Z-98-002 with conditions. During the public hearing a number of surrounding property owners, who live to the east of the subject property in the extraterritorial jurisdiction (ET1) of the city of Denton, expressed a lack of information and opposition to the proposed zoning request. Responding to the concern of the residents, the Commission postponed consideration of this item until after a neighborhood meeting was held to provide surrounding property owners an opportunity to meet with the applicants. It also requested that city staff post signs on the property indicating the zoning change request and neighborhood meeting. The public hearing was rescheduled for the Planning and Zoning Commission's first meeting in April (April 8, 1998). March 31, 1998, Neighborhood Meeting: Thir+:en (13) residents attended along with the applicant bnd his business partner. All of the residents who attended live in the ET1. There were ' issues brought out that were related to the zoning of the property as well as the subdivision and I development of land. Two (2) of the biggest concerns raised by residents at the meeting are related to the subdivision end development of the property. First, residents are worried about additional water runoff, because the area is already prone to flooding. Staff clarified that this issue would be addressed during the platting of the property, According to the local code of ordinances, new development 0 in the city cf Denton is required to submit drainage stu&cs that demonstrate both pre- constr.ction and post-construction water runoff. Drainage improvements are based upon the )t additional water runoff caused by the new development. A property owner must make drainage r impravcments on-site and if warranty' off-site to mitigate any increased runoff. Howeve , new f development is not responsible for correcting or improving existing problems. l 7V f,~~: ! ( Nirw v r, ro, rl or 1 • 5 25 32X Io - rtr..r • O ;evme+Y Z•P3-002 Traffic onto Hamilton Road is another concern. Staff demonstrated to everyone at the meeting that any commercial development on this site would have a curb cut onto Hamilton Road. To accommodate the increased traffic and to ensure a durable surface, the property owner would most likely be required to reconstruct Hamilton Road to city standards along the length of the property. In effect, the result would be an improved road. Also, it was pointed out that sidewalks would be required along Highway 377 and Hamilton Road. Three issues of the residents are related to the zoning of the property. First, they prefer to not i have businesses operating late into the evening (such as 9:00 PM). Second, many object to several of the permitted uses within a straight Commercial (C) zoning district. And last, , excessive outside storage is something 6 ; residents feel would be a blight in their neighborhood. April 8, 1998, Planning and Zoning Commission Meeting: The results of the neighborhood meeting were presented to the Planning and Zoning Commission. Staff recommended approval of the zoning request with conditions once again. After the public hearing, a motion was made to deny Z-98-002. This was defeated (2•5). A second motion was made to approve Z-98-002 as recommended by staff with some additional land uses prohibited. An amendment to the motion was made to allow contractors shops and gasoline service stations. The Commission approved the amendment to the motion (6.1) and then approved the motion as amended (6.1). The t conditions recommended by Commission included: 1, Floor-to-Area is limited to .S-tot, translating into a maximum of 21,780 square feet of floor area per acre. 2. Exterior materials on all building facades facing public streets are restricted to masonry materials. 3. All exterior storage is to be contained within a "sight obscuring" fence that is a minimum of six (6) feet in height 4. Lighting on the propert- shall be designed and maintained so as not to shine on, or otherwise disturu surrounding residential property or to shine and project upward to prevent the diffusion into the night sky S. A screen of a minimum of six (6) feet in height along the north and east property lines, facing residential areas, s' ould be maintained •vithin a ten (10) foot wide setback, 6. The following land uses ordinarily permitted within a Commercial (C) zoning district • should be prohibited. l . Prima Ree1dV14i Utee Hole[ or Motel Educational, Institutional and Social Uses t Group Homes Halfway House J14- Home for Care of Alcoholic, Nereolic or Ptyehlatric Patients ; Hospital (Goneral Acute Care) Hospital (Chrome Care) > i91 0:rr x.4„„n..... 2. • aneaoa 1. Z-98-002 Utility. Accessory and Incidental Uses Electrical Substation Radio and/or Television Microwave Tower Sewage Pumping Station Recreational and Entertainment Use Amusement, Commercial (Outdoor) Dance Hall or Night Club Fairground or Exhibition Area Rodeo Grounds Sexually Oriented Business Theater Drive-in 1 Transoortatlon Related Ust Hauling or Storage Co 1pany Motor Freight Terminal Railroad Freight Terminal Truck Parking Lot Automobile Services Use Auto Laundry Auto Painting and Body Repair Auto Sales and Repair (In Building) New or Used Car Sales Lot (in Open) Seal Cover and Muffler Installation Shop RelaH and Service Type Uses Off P,emise Sale of Beer and/or Wine On Premise Sale of Beer and/or Wine ' Licensed Private Club I Pawn Shop Retail Stores and Shops • Over 4,000 square feel f Tool or trailer Rental Agricultural Ty°e Uses Animal Clinic, Hospital or Kennel (with outside runs or pens) ` J Hatchery, Poultry r: t Commercial TV" Uefa Building Material Sales A► Cabinet Shop Cleanfny and Dyeing Plant (Commercial) Cleaning Plant, Bags or Carpets (Special Equipment) Storage Yard %j ~t 3. , e 0 a • ~ r~ I •.'4! arq.ventss..:6. :.....'..k•.a.o- rv"fq.~•,•.aarh.uak'a.k.~wtMSwMn+rnr•+awe.~'.+i.Lr«rr.,n....:w.....,... ~ ._n.._ ' Z-98.002 a Engina and Motor Repairing Feed Store Heavy Machinery Sales and Storage Laundry Plant (Commercial) Paint Shop PRIOR ACTION/REVIEW (Council. Boards. Commissions) The Planning and Zoning Commission postponed consideration of this item at its March 11, 1998 (see above Special Information). At the second public hearing on April 8, 1998, the Planning and Zoning Commission recommended approval of the rezoning request (6-1) with , conditions, Q$CAI_. INFORMATION None. ATTACHMENTS 1. Planning and Zoning Commission Report, March 11, 1998, Z-98-002. 1 Planning and Zoning Commission minutes from March 11, 1998 3. Planning and Zoning Commission Report, April 8, 1998, Z-98-002 4. Planning and Zoning Commission minutes from April 8, 1998. 5. Comparison of Permitted Uses for Z-98-002 from first and second public hearings before the Planning and Zoning Commission. 6. Draft Ordinance, 7. Photographs. Respectfully su it D ill r+ ireclor of Planning and Development Pre ared by. iaynRecd Plann r I 41 ,Y (v. On' I Rgwv lnnro n 4, t 25 10 32X Io • 0 1. ATTACHMENT 1 PLANNING AND ZONING COMMISSION REPORT STAFF REPORT Sub e : Lance Roberts Casa Number, Z-98-002 to : Wayne Reed, Planner I Pte: March 11, 1998 GENERAL INFORMATION Applicant: Mr. Lance Roberts 220 Forest Trail Argyle, Texas 76226 it Owner: Ms. Joyce Frye 7433 Fort Worth Drive Argyle, Texas 76226 Action: Request change in zoning for 3.491 acres from Agricultural (A) zoning district to Commercial (C) zoning district. The applicant has proposed locating his glass business on the site, Location and Size: Tho subject property is located on the northeast corner of HWY 377 and Hamilton Road. (See Enclosure 1) i Surrounding Zoning and Land Use: LOCATION ZONING LAND E North: Agricultural Undeveloped land and the Hills of Argyle (A) single-family subdivision South: Agricultural Undeveloped land and the Denton Country " (A) Club single-family subdivision East: Extraterritorial Residential Jurisdiction (ETJ) _ West: Agricultural Undeveloped land (A) Denton Development Plan (DDP): Low Intensity Area #96 (84% allocated). • I C'r) 1n'1 P[ 1, n g G'A:;-ZIJ h ,,Z 14;80,')2,2 r18 M2 PZ Btefl R.,x S 2!i ; Q 32X' ❑ s ' o I • l ~ f SPECIAL INFORMAI ION The property is not platted. Platting will be required prior to development. PACKGROUND December 23, 1969 -The subject property was officially annexed and classified as Agricultural (A) zoning district and land use classification by Ordinance 69.40 which amended the Comprehensive Zoning Ordinance and Map for the City of Denton, PUBLIC NOTICE Notice of the zoning request was published in the Denton Record-Chronicle on March 1, 1998. Four (4) property owners were notified of the request on February 27, 1998. As of this writing, there have been no responses. ANALYSIS The table below will provide a summary of the Plan related analysis for this project: Denton Development Plan Policy Analysis Summary Low Intensity Area Development Rating vs. Policy POLICY COMMENTS InxmM~stet I co stet Consistent Intensltn To be consistent w,th the Plan, a The Into nslty standard for low intensity Areas X development should not exceed its is 60 oehicle trips per day per gross aae, allocated intensity. (Vd/ac). Based upon this Intensity level, the 3.491 acre tract has 209.5 allocated intensity trips. Commercial zoning generates 650 Vd/acre. If rezoned straight carrnercial, the * 3491 acre trad could generate 2,269 Vd/atre, This represents 2,060 trips strove the allocated Vd/ac for the subject ot. Drversityl Netchli hood Protectlon 1) Strict site plan control within 1,600 1) Because straight commercial zordng x feet of existing law density does not require site psn reAew, no residential areas, site plan has been submitted. The subject property is Within 1,000 feet of r the Hills of Argyle Subdtvlslon (see Enclosure 3). The appricant has not Q suggested any Ming Condlbona or provided any site plan Wormatson. 2) Traffic design to ensure that mulb. 2) The subject properly is strategically X family and norueslden6al uses have touted at the Intersection of HWY 377, access to w7ectos or larger a primary arterial, and HarrIMM Road. arterials with no direct access Access onto the property Will be through re9denbal streets. allowed from Hamilton Road, This will C'\N-vtun PlanningCases-loniny,2 IM Z 98 ao2i2 90 02 P2 90 Rcao t doc 6. 32 X womemmoo~ s } i not impact l eSldenbal areas. 3) The overall dengtypntensity 3) Intensity Area a96 has 7,176 X standard Is not %rotated. unallocated trig. Thus, even with the added 2,269 t/d/acre from the subject + property, the overall trip generation -Rhin this intensity area will remain under 100% avocation. The Denton Devetopment Nn states that as a general planning polley, a specific development should only snake use of its proportionate share of allocated taps per acre. However, It provides guldellnes to determine thit appropriateness of a specific request that vi plates the general policy of proportionality, such as the proposed commercial use of this property. The corresponding factors Include but are not limited to 1) the location of the proposed development in reference to existing or proposed pubtlc facilities; 2) compatibility with existing and proposed surrounding land uses; and 3) the Impact of a development on alder neighborhoods, sinofe-family housing and concentration of - ofioe,rri sites. In regard to These guidelines, it can De said of the Subject property that It has immediate access to a primary arterial (HWY 377), would not adversely impact surrounding neighborhoods or housing, and there is not another officeirreta!! :rte within 11 one mile radius. 4) Sulfident green space, rec eational 4) Other than on-site landscaping, INS facilities and diversity of parks are provision does not apply. NIA provided. S) Input Into planning try neighborhood S) Applicant has met IridvlduaN with associations and councils Is surrounding property owner, but no encouraged. ofiwal neighborhood meeting has been scheduled or is scheduled by the planning department. Non-resldentiall Retalll Multi Family Concentration n Diversity of land uses is encouraged to The proposed :Doing is for straight R , limited degree. Neighborhood !-ervlces commercial, The site Is less than Ave (S) should remain small nodes, at least one. aces As stated earlier, the site Is located a hall mile apart other non-residential great dsta nce from any other commercial centers and vary in We from 2 to S center. acres; and multi-family housing should be limited In size to 200 units at any location. Manufactured Houslna . Manufactured louslnq may be cannatible Not applicable. NIA with developments in the low Intensity 0 area s Subject to conditions. jg~~ erdal Although the applicant does not Intend on Any form of contincus Kra commercial Is developing a strip coneri center, there % strongly discourageJ IrVor near low are no restrictions within a straight Intensity areas. commerical zoning district from developing me at a later bme. C i tu,,t Pii it q,{c>eh L 'rr 7'''',5,7 7: Z rIq ;;''J F'i 9Gdf Fci~:~ 7 10 32XIO A C 1 The proposed request for straight zoning complies with most of the policies concerning Low Intensity Areas of the Denton Development Plan, It Is nonconforming in regards to allocated {ntensdy (though overall intensity remains consistent), strict site plan control, and strip commercial. To mitigate these nonconforming factors, the following conditions are proposed: , t. Strict Site Plan Control To preserve the character of the surrounding residential areas, exterior materials of all structures within the Commercial (C) zoning district should be restricted to masonry materials on all facades facing public streets. A screen of a minimum of six (8) feet in height along the north and east property lines, facing residential areas, should be maintained within a ten (10) foot wide setback, Permitted uses should be limited to those that will preserve the character of the area too (see Enclosure 5). 2. Strip Commercial Strip commercial should be prohibited. Free standing, Independent commercial structures in compliance with the proposed site plan controls would be in compliance with the Intended development of Low Intensity Areas. RECOMMENDATION Staff recommends approval of Z-98-0029 with the following conditions: 1. Limit permitted land uses (see Enclosure 5) to those that are compatible with the primary purpose of low intensity areas, which Is to ensure the overall land/transportation balance by controlling the overall density and Intensity of the designated area i 2. Strip commercial is prohibited. I i 3. Exterior materials on all facades facing public streets are be restricted to masonry materials. 4. A screen of a minimum of six (6) feet in height along the north and east property lines, facing residential areas, should be maintained within a ten (10) foot wide setback. The Denton Development Plan policy encourages and promotes good urban design to enhance the aesthetic quality and visual amenities along entrancoways to the City of Denton. The above mentioned conditions would help achieve this goal. ROM i I move to recommend approval of zoning case Z-98-002, eublect to the conditions recommended by staff. ALTERNATIVES , • 1. Deny the request. 2. Approve the request as submitted. 3. Approve the request with suggested conditions. 4. Approve tho request with additional conditions. 5. Postpone consideration. CiGertriPfi+'~rirq,Cxses-IcJiN)11998,Z,98-00Ia.98d,02PZ5taffJtew4.doc i 10 32J0 LIE ' I 1 I .'alldilOl j f ENCLOSURES: 1. Vicinity Map. 2. Zoning Map. 3. Proximity to Residential Neighborhoods. 4. Schematic Design of Building Fagade. 5. Permitted Land Uses. k { I ~i F I i+. 1, I ~4f ~ rr f 'I l Y I' L + .M1 9. C.IDcnto'+f'Ia~n~rQ:Cors[52o+i•rp~Zi9982-98.002298D02PZStiff RepcIA , ~ rtg.i,x~lf'EVkit+~ .r 17 0 • s ,r f Y. r' _ en:~r..~ v.•Iww. Me~,r .n n. w. ~r ~~In µ.ur w.n .•ovrrminrr.w.. ENCLOSURE 1 I 2.98.002 I ,r o a 11P is s i'A ~ Y f 4Y.. 1 1 0 ENCLOSURE 2 Z-98-002 (Lance Roberts) NORTH M Y A / ASn y t i ; y A 7 v~tV trn ! / . WA V04 r t f t 1 I a~t~l+ ~!1 tYj" ,~i(SaAY~1t { \ S\ ) I of fff / J T A 4 tern ".rl~..: I ~ ~i ~ / _ ~~'L t~ f.:l: rr 1F~t vtl I . I ~ MY/M WIR t ;7 1 • / tti t~..~tit♦ ~ + / / ~ ~ ~ , 'r t ~t ~fsS, ~F~~f rl~i fS tY'y~.ti l,~~`.r at I.,"• . I },~~Je,.~S 'r,ly+~y, ~~RR~~~.,i T. L i f t t• . s ~ / / / •.4' W 1f 'T+Cr 'k ~S~ 7 ~f~~trf` rjZi ✓'Yl' Zoning Map Date: 3111198 Scale; None l . l0 32XIO s 0 M 93M ENCLOSURE 3 ' Z-98.002 (Lance Roberts) NORTH I 4; fwFy#!A~ 11it 10 i....., 97 { C►4E T PHAS€f R fluors IT H!L FA ME 148 LO / AIAO OAKS l i I J' AonaL I A 11 • % DENTONC ~TRYCLUB TES L I.6? LO - y, J~o Proximity to Residential Neighborhoods 12. Date; 3111198 Scale: None 0 25 x I C~ 32'x r + Y Y a 1 Y . .ic Y I i ENCLOSURE 4 Z-98-002 (Lance Roberts) NORTH 1 4 ; 1 f A 1 E Y ' k t 4 I f f f Y ~r L ryry'~~ mm W lil ~ 4 a r f.' V ~ ~ t f s. x'..31 G* ~d 1 f 4 ~1~ A 1VU Schematic Design of Building Facade 13. t w ~;R, T <I r _ Date: M 1198 Scale: 1,11"s aef ny 7~r Sf;N"-r P1 Wrn 25~ K. E I ID ENCLOSURE 5 uCi+ commercial platric PERHII TED USE91 primary Residential Uses one Family Dwelling Restricted Community Unit Development Dormitory, Boarding or Rooming House Xatai-az~-Motei Educes innal. Institutional & spaniel User; Art Gallery or Museum cemetery or Mausoleum Church or Rectory College ar University or Private School Community Center (Public) Day Camp Day Nursery or Kindergarten School Group Homer Halfway House Home for Care of Alcoholic, Narcotic or Psychiatric Patients re) Ilospital ) Institutions of Religious or Philanthropic Nature Public Library Monastery or Convent Nursing Home or Residence Home for Aged occasional sales Park, Playground or Public Community Center School, Private Primary or secondary School, Public or Denominational school, Business or Trade Utility. Accessory and incidental Uses Accessory Building Community Center (Private) Electrical 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 of[ street Parking incidental to Main Use Off Street Remote Parking Public Building, Shop, Yard of Local, State or Federal Government Raiio and/or Television Microwave Tower • Sewage Pumping station Private Swimming Pool Telephone, Business Office Telephone Line and Exchange Switching or Rolay Station Water Reservoir, Water Pumping Station or Well Water Treatment Plant 14. 5 s iL~ 32X i 0 O • "C" Commercial Distriot jOOfltinmed1 Recrn_ational and Entertainment s a Amusement, Commercial (Indoor) Country Club (Private) With Golf Course " Dance Hall or Night Club n" iyy^"ms PublicGolf Course Commercial Golf Course Public Park or Playgro,ind Public Play field or Stadium V44ea4xAaUnd s Roller or Ice Skating rink a- Stable, Private Club Stable, Commercial Rental Stable, Boarding Swim or Tennis Club Theater, Ott.=r than Drive-in Type Transportation R la d 1lSPa Airport Landing Field or Heliport Bus Station or Terminal b!ta Fec_*ni-nal Aylato!a t. m- -'--1 1- eigh% Railroad Passenger Station Railroad Track or Right-of-Way Railroad Team Track Commercial Pa king Lot or Structure Automobile cord a us3z Auto Laundry Auto Painting and Body Repair Auto Sales and repair (In Building) Gasoline Service Station New Auto Parts Sales Stores New or Used Seat Cover and Muffler Instellntion Shop Tire Retreading or capping Used Auto Parts Sales (In Building) Retail and-Service Tvng Slses Antique Shop Bakery or Confection erY Shop (Retail) Cafeteria l - Cleaning and Pressing small Shop and Pickup Custom Perronal Service Shop O Drapery, Needlework or Weaving Shop Florist or Garden Shop Greenhouse or Plant Nursery (Retail) Handicraft Shop Household Appliance Service and Repair Laundry or Cleaning Self Service 15. ~5 x ❑ 32x ~C1 ' o . I I „r„ C~ CmmarciaL D1&UInM fnnnt{=" { gg~il and Ra,-~+ Tyye'~- fconrinuedl ~ Mimeograph, Stationary or Letter Shop Mortuary or Funeral Parlor offices, Professional and Administrative Off Premise Sale of Beer and/or Wine on Premise Sale of Beer and/or Wine Licensed Private Club Pawn Shop Restaurant feet or less Retail Stores and Shops - 4,000 square Retail Stores and Shops - Over 4,000 square feet Studio for Photographer, Musician, Artist or Health Secondhand Store, Used Furniture or Rummage Sale Tool or Trailer Rental f9 .l ,rat Tyne uses Animal Clinic or Hospital (no outside runs or pens) Animal Clinic, Hospital or Kennel (with outside runs or pens) Farm or Ranch Greenhouse or Plant Nursery - r~mm rcial Tvoe uses Bakery (Wholesale) ~s Cabinet and Upholstery Shop Cleaning and Dyeing Plant (Commercial) Cleaning Plant, Bags or Carpets (special Equipm(int) Clothing Manufacture or Light Compounding or Fabrication Contractors Shop and Storage Yard Engine and Motor Repairing O eh"erl+ yu Job Printing or Newspaper Printing Laundry Plant (Commercial) Milk Depot, Dairy, or Ice Cream Plant , Paint shop Plumbing Shop Scientific or Research Laboratories i~dltr4) I'll "1 111110 11 I'll 1, 111' 11111 11 Lmrs Crr--*Pl I ,tls e Trailer Rental or Sales and savlage-TerMMA Wholesale Office and Sample Room 16, Fin 32 X t! o I arsr,»u I ATTACHMENT 2 EXCERPTED DRAFT MINUTES PLANNING AND ZONING COMMISSION March 11, 1990 The regular meeting of the Planning end Zoning Commission of the City of Denton, Texas was held on Wednesday, March 11, 1996, at 5:30 p.m, In the City Council Chambors W City Hall, 215 East McKinney, Denton, Texas Present: Elizabeth Gourdie, Susan Apple, Ellen Hoover-Schertz, Rudy Moreno, Carol Am Ganzer, and Jim Engelbrechl Absent. Bob Powelt Present from Staff Eddie Martin, Assistant City Attorney; Mark Donaldson, Assistant Director of Planning: Donna Bateman, Senior Planning Technician; Wayne Reed, Planner I; Jon Fortune, Director of Management and Budget; David Salmon, Engineering Administrator The meeting was called to order at 5:30 p.m. Carol Ann Ganzer left after Item 7, Chairperson Schenz Good evening. We're reconvening this evening's meeting for the Planning and Zoning on March 11. At this time, we will address Item 6. 6. Hold a public hearing and consider making a recommendation to Clty Council concerning a request to rezone a 3.491-acre site from Agricultural (A) zoning district to Commercial (C) zoning district. The property Is located on the northeast corner of Highway 317 and Hamilton Road. (Z-96-002, Lance Roberts) Chairperson Schariz: Mr. Reed. Mr. Reed, Good evening to you aid to all Commissioners. As you just staled, we are looking at a 3.491-acre site located In the south part of tov n along 377. The curent map shows approximate proportion of this tract with related or surrounding land. Hamilton runs west to east. This map shows the surrounding zoning. We have Agricultural zoning running along 377. There is a planned development district south of the property; I'm not clear on the permitted u.es but it does not retain cr affect the site The extra lemtodal Jurisdiction Is to the north as well as to the east of the subject property. As a roalter of fact, the property abuts the city limit line, and everything to the east Is outside the city limit. But then, a little further over east, you have the Hills of Argyle subdivision wrapping around And this map right hs,e-which 1 will leave up here white I begin to speak on some of the issues-shows the tracts of land surrnon,!:r,g the property. The Denton Development Plan states Vial the subject property Is located In a low- intensity area, and that's where the concern is, here. What the plan defines ris low-ltensily area Is a primarily residential development with some nonresidential modes located at least it one-hall-mile separation. The nonresidential sites can vary In size from two acres to five acres. The policy snalysls that I rd concerning this zoning request showod an overall consistency with the Denton Development Plan, but some Inco,rslslencies:, so, I'll highlight those "he subject tract violates-that's a strong word, but exceeds Its allocated Intensity. Intensity here in a low- inlens ' orea is dofoed as 60 trips par day per acre. Commercial typically generates 650 trips per day per acre, so this 3.5-roughly-acre tract would generate about 2,269 based upon this general policy. The difference Is en extra . 2,060 trips per day per acre that this tract would generate, that In a low-intensity area, It should not generate of 6 is not allocated, those trips, However, within the Denton Development Plan, when a proposed development In an area such as this Is requested, we also look at overall intensity within the area, This particular Intensity area, which Is defined as 69- or, excuse ma--96, Is under.allocated by 7,076 trips So, even If this particular commercial site exceeds its Individual allocation of trips that It should generate, the overall area Is still under the trip allocation. And what that really means Is, Is the development going to put a demand on the Infrastructure--primenly transportation, the roads-that they would not be able to support? What the plan Is saying Is that because the development In the area is not over-allocated already, Val even though this one exceeds Its own limit per acre of trips. It's okay because the overall area Is still under-allocated, Another thing that we need to consider is Llo appropriateness of Ire request 1D because It Is nonresidential Some of the things that you should consider are Its location In reference to existing and O proposed public facilities, Its compatibility to exlsting and surrounding land uses, and its Impact on neighborhoods and the concentration of existing office and retail sites. These factors that you consider will help balance the overa0 development within the intensity area. If there were another nonresidential development such as retail or office or commercial development within a half a mile of here, (his would probably be over-allocating the Intensity of the Ores. But that Is not the case; Ihere Is not another nonrestdenliaf development within one-half of a mile of this site. So, that said, another aspect of the Denton Development Plan and low-Intensity areas Thal effects this site Is site plan control, Again, fur a nonresidential development In a low-lnlens ty area, we consider how close It Is to residential I 17. 'Mwry UJ 32 x 0 U 0 Planning and Zoning Cc mm sslon minutes March 11, 1998 Page 2 of 14 developments. This particular site Is within 1,608 feel of the Hills of Argyle subdivision. The map that I have up on the overhead camera In the violet color is the city limits, and you can see how k runs down 377, The Hills of Argyle Is located roughly 1,000 feet north of this site And just south of the site, but greater than 1,600 feet, is the Denton Country Club Estate subdivision. The Denton Development Plan allows you to place controls on a nonresidential r development to improve Its compatibility with those residential developments. Another aspect of the analysis Is, In Iow•Intensi y, areas, strip commercial Is not encouraged; is discouraged. However, low-Intensity residential areas are better served N there are some nonresidential developments. But again, that Is separated by one-half mile distances, is limited In she from two to No acres, and Is compatible with the surrounding residential development. With all that said, I'll lark about property owner notification and how that went. The notices were sent out to four property owners. As per our requirements. I sent them out to property owners within 200 feel. Because of the location of the city limits on the east side of the site, I did not notify property owners over here but notified the property owner la the north and to the south. Each of those lots Is 353 fee;, roughly, wide; so, that's why It only included one property owner, as well as the other property owner on the other side of 377, the east aide, as well as the property owner of the subject site since the applicant Is looking to purchase the property. Out of those four notices, two were returned, one of which was the property owner, the existing property owner; both were In favor. The property owner to the north was here tonight but left early, and he signed a card to have you read at the appropriate time. No responses were received in opposition, So, staff recommends approval of the request with some conditions. Giieo the Inconsistencies that I was talking about before of site plan control and Intensity, those restrictions are or conditions pertain to limiting permitted land uses. I've omitted 18 permitted land uses that would be allowed In a straight commercial zoning district. Now, you may or may not approve of that list; you may want to add more to the prohibited list by marking out the other land uses on that lint or you might want to decrease the number that I omitted and that was simply by drawing a tine through the land use. Also, staff recommends prohibiting strip commercial, since strip commercial is discouraged In low•Inteni ity areas, I recommended that we prohibit t. Strip cnmmorclal Is a primarily, mull.-tenant retail structure, housing a variety of different types or retail stores, restaurants, convenience stores, laundromal, pawn shop within that single structure or configuration. However, an office a mutt. tenant office structure would not be of the same nature. It would not be prohibited, so I'm trying to describe what I mean by prohibiting strip commercial, Staff also recommends that exterior materials be regulated to the effect that anyth;ng ihat faces the public streets adjacent to this property, which would be 377 as well as Hamilton that the exlerior male1als be of some masonry nature, Alva, to make the commercial development more compatible with surrounding residential development-primarily the Hills of Argyle, but also resldential development located immediately to hhe north, as well as a new house being bUf t outside the city limits and to the east of the subject properly. And also, there Is a residential, single-family dwelling house to the southeast that we recommend a 10-fool setback along the north and east property lines and a slx•fool screen of plant materiat-wood or brick or wh:ataver the property ow.her would do. That Is R. If you have any questions, I'd be happy to answer them, Chairperson Scheriz: One questions that I have-and I looked on page 88 where R shows the design of the building lagade-Is this J rst preliminary or when you worked with-I know the applicant will address this; but. I mean, do you feet like that's prnbabry what h' s going to look like? Of Is this Just his visualization at this time? Mr. Reed: At best, I would call it the proposed fapade, Chairperson Schertz: Okay, well ft's attractive. It's athractive. Mr. Reed: The applicant's business partner Is here, and he will speak on their behalf, Chairperson Schertz, Let's ,oe If I had any other questions. I may; but, Commissioner Apple, t you'd like to ask your questinn, please. h Ms, Apple: lust a couple of quick questions. Do you know how close that you mentioned that there was a resldental home that--I've seen that house that's Just been built directly behind this on HamiAOn Road-do you know how close that is to this property? Mc Reed. Not exactly, but I can drew on this right here, and those are single-family houses right here. . Ms Apple: If th,y were In the city, they probably would fell within that 2o0-fool.,. ~ • ' r Mr. Reed: And actually.,. h1s. Apple: would they not? Mr. Reed: ..,these two single-family houses are k rated on the property that Is within 200 feet to the north. $o, the property owner that wos h sre earlier did return a res„ ones, but tiro one that N being built Is opproximatey, right I 18, J h.r h ry 5 I VYI Y 32x' l ^ r O ti Plrnning and Zoning Commission rAinutes March 11, 1998 Page 3 of 19 around here; and the tract of the land, the subject property, is actually a larger tract of land that extends outside the city limits. The house that Is being built Is somewhere back here on this tract of land. Ms, Apple: It looks pretty-In close proximity. My other question Is that, In talking about the Intensity, the ii intensity area and the trip numbers,.. Mr Reed, Yes. I Ms. Apple: ...does that nclude the 148 homes that are going to be built in the Hills of Argyle? Are those trips Included in your allocations? Mr. Reed, The trips albcatod per acre In the Hills of Argyle are actually lower than the 60 trips per day per acre that can be generated by land i in this area. That's because, In the Hills of Argyle the, one-sere minimum of lot size reduces the !rips that would be generated. I believe it would be substantially less than the 60 trips per acre In that subdivision. Nis. Apple, Okay, but those where included In what you where telling us ear'ler. I just wanted to.... I Mr. Reed, They're not, that's correct. But even with them considered, the Vocation for the entire Intensity area of number 96 would still be under-allocated, j his. Apple, It would still be, okay? Okay ChairpersonSchortt: Commissioner Moreno. i Mr Moreno'. Yes, thank you, Mr Reed, if I understand your policy analysis summary, this particular request Is significantly inconsictent with Intensity, with diversity neighborhood protection, and with the strip commercial polities, Mr. Reed, That is correct. I Mr Morena You have recommended several conditions II these conditions are In place, where does that move us on your gnd here on the Intensity? Ocos that move us from significantly Inconsistent over to consistent or somewhat inconsistent? Mr. Reed, Okay Mr. Moreno. Same question for diversity and I lhinkfor strip commercial. Mr. Reed Okay Mr. Moreno, It's apparent Mr. Reed. To address the first one, intensity; It does not change that because the Individual project will still generate more trips per acre than it should for its individual silo. However, that particular policy Is related to the Olverolty and Neighhorhood Protection Policy, Section 3 that Is on page 62, where the overall densltylintensity standard Is discussed. In that section, the plan discusses how, even though a general development may exceed its allocated intensity, if the overall Intensity of the area; so looking of a bigger picture, N It Is not exceeded, then you can consider some guidelines, you know, as to whether or not that over-atlocation for that parUdular site Is okay. Some of those factors that you should look at ere its location. If Its location Is, lei's say, located In an area where It will have to use road- which go through neighborhoods or would effect neighborhoods, the roads that go through the neighborhoods, then you might say that That Is not a good location for s higher Intensity type of land use. Or, In this particular case, ti's localod on 377, and you consider, Sven, because k's going to generate more traffic, Is N an appropriate location for it. Secondly, you look at the compatibility with the surrounding fend uses. which I will address when I talk about the , other areas, which you asked me to respond to. And [ben the Impact of the development on the neighborhood surrounding 8, and I'll get to that one In a second. So, as far as It's Individual intensity, If Is still Inoonaistent; but I • looking at the big picture, as I'm pointing out In the Diversity NelghboAood Protection Section 3, It Is consistent, So, its own IrWri over-allocation Is negated by the overall Intensity being checked off as being consistent. As far as the strict site control; yes, the conditions that I have recommended do eliminate the Inconalstency of the request. And how that le eliminated is by talking about requiring a 10-foot setback along the north and east prop" Imes along with that screening: and of course, that screening is going to help the site plan of commercial development to be compatible with surrounding roWennal uses, such as the house being bulll back here and this property back here. And also, Instead of the metal structure we are requiring that Is facing the road, we are (squiring that any structure 14. i W~ s~ 'r l~ 32x~Q e • o Planning and Zoning Commission minutes March 11,194!1 Page 4 of 19 built here that faces Hamilton Road or U.S, 377 have masonry materials. So. II there is one single structure on the site, It would be masonry right there; ff there was another building located over here at some point in the future, only the fagade that faces a public road would require masonry. Now, they can go ahead and use masonry on all sides, but they can use metal. But any metal over here Is going to be somewhat screened by a six-foot-tail buffer all the way to the east and north property lines. As for as ft eWct site control inconsistency of the request, because straight commercial doesnT require a alto plan approval, the condition I've put forth does offset that Inconsistency. And the strip commercial Inconsistencies where I say prohibit It-that defiantly, totally takes that inconsistency out the door. Mr. Moreno: Thank you, sir. Mr. Reed: You're welcome. Chalrperson Schertt: Commissioner Apple. Ms. Apple: I'm sorry, Just a couple more questions. Just to gel this straight In my mind, I had Jotted down that in your introducton you had sold that 4 was 1,600 feet from the Hills of Argyle subdivision. Mr. Reed: It was within 1,600. And I believe i said d was roughly 1,000 feel Ms. Apple, Okay, that's what I was going to say, because In the Information a says that a Is within 1,000 feet. Mr. Reed, Yes Ms, Appte: So, I was just-is that 670 feet, Is that 1,600 feet, or o 1,000, because that Is 600 extra feet Mr. Reed: Yeah, It's roughly 1,000. Ma Apple: Okay, and Nen . Mr. Reed I wasn't able to put a ruler to k, but by just using the abstract map Nat I had here knowing that this was 353, 353 and then the Hills of Argyle over here, : 'ibis one Is actually 400 and something-Nat meant that the Hills of Argyle property Letually Is Mthln 1,000 feet Ms. Apple: Okay. Mr, Reed: So, Just to let you know how I came up with Nat Ms. Apple: Thanks for clarifying that, Another question that I had that you just touched on was, one of your recommendations for the conditions Is a screen of a minimum of six feel In height. Normally, we would stipulals that that screen was a fence or landscaping. I couldn't tell from this just saying a screen six-feel In height what you were intending, Are you meaning landscaping or are you meaning a fence7 Mr. Reed: You could specify that In your recommendation. What my-what I mean Is. It can be elNer plant meterlal or it could be a wood/brick fence or a combination of some material. i , Ms. Apple: Okay, I had one more question, but it has escaped me raw. Thank you. I Mr. Reed You're welcome Chaliporson Scholz: Thank you. What-juste second-CommisslonerOourdie, do you.*avo aqueatlon7 y Yy Ms. Oourdie: I was just wondering, with the conditions, you can't have a commercial she within a half 1-what was it? r, • Mr. Reed: Hag of a mite Ms. Gourdie: Hag of mile-'where would the next commercial site be? le the a any other place In this 4effk pattern that there could be another commercial alto placed akng the road? 20. ' 7.5 x ❑ 33 2/x o wrwr I Planning and Zoning Commission Minutes, i March 11, 1998 Page 5 of 19 i Mr. Reed, Well, given the current Comprehensive Plan and that guideline that It givos vs. It would havu b be located half a mile up here, or a half a mile dawn it would be outside the city limits, So really, It would have to be north on 377. fAs. Gourdie: So, can you loll me why this person wants to be out there by itself In the middle of houses? Do you have any idea? I'm just curious. fdr. Reed: I'll let him say on that because, no.1 really don't. Ms. Gourdie: Okay. Thank you. CnairpersonScri Commissioner Apple. Ms, Apple: I've thought of my other question. We were talking about prohibiting strip commercial, and their design of their building has five doors. Mr. Reed. Correct. Nis. Apple: Explain, Mr. Reed, Okay, Ms. Apple: I saw that, and I thought it looks like a strip to me. Mr, Reed, A; id I understand, I was trying to earlier Indicate that strip commercial conslsts of retail-type of stores or businesses. Combinations of restaurants, convenience stores, laundromat; retail typically has longer business hours and higher traffic, customer trahic, which in turn means higher tips allocated per day per acre, However, the schematic design that you see there, the applicants have sold that they would like to have offices attached to this building for their business, Multiple office tenant buildings are different than your strip commercial. Nis, Apple: So, he Is looking at making this a fve-office complex as opposed to just one business? Mr. Reed, Correct. And I don't know if five or four, but_., Ms. Apples Okay, I was just looking at the picture... Mr, Reed, Right, right. Ms Apple: .,itsgotfour entrances. Okay,thanks, Mr. Reed You're welcome, Chairperson Schertz: I think el lhis time that's ell we have, Thank you, Mr. Reed, At this time, [would like to ask the politioner to please address the podium. Please give us your name and address. NIv Erickson: Good evening, My name is Jeff Erickson, I live st 2002 Briarhllf in Argyle, and I am a partner of Lance Roberts on this property on the corner, Basically, I have a glass business In Carrollton right now, and I'm wanting to relocate my business, We have done a lot of research; this looked like a good piece of property. It's on the highway, it doesn't-you don't even have to drive into a neighborhood to gel to T I have a very small business; I have one employee, and l was Just sitting back tlstenlrg to the amount of trips an 1 everything. I may come and go out of my place less than ten times a day, and we wanted to just have a bulldirg lhst had a little bit more office space to lease out. I didn'I want to have II look like these strip centers, They are just Of glass In front; they look so tacky star a while when you can see in every business, I wanted to have It more look like an old-fashioned eve bulking with stone in front that when you drive by It would be very visually appealing-something, I think that would be an asset for being there. I live In Argyle, like as I said, and have been on the Board of Directors over in the Chamber of Commorce there for a long time, since we got started last year. And I'm very concerned about the way things look C around bore beceuse I live real close to this piece of property, and I did not want to have something that's going to be tacky looking. that people don't want around Basically, this Is just a rough drawing of what the building Is going to look like. A buddy of mine is en orchitecl, and this Is just the stage we're al; this Isn't a rush-type project or anything like (hat, Right now, we bought the property and we just vant to go through the phases to get It rezoned. That's basically what we want to do. We've had-Ebby Halliday has shown an interest already in opening an once out there; It's not built yet, but that's the type of people we are going to try to get out there. We're not trying to get 21. 32x a IV Planning and Zoning Commission Minutes March It, 1998 Page a of 19 something that is going to have a bunch of junk lying around, and you know, really be a tacky-looking thing. I'm going to have my business there and going to be keeping an eye on it the whola time, Chairperson Schertc: Is your business commercial, residential, or both? " Mr. Erickson: I mainly do residential. I do custom showers and mirrors, and we just cut glass, I mean we don't do any heavy manufacturing stall, Chairperson Schertz: Help me, I'm Wrly familiar with your line of business. So, Is your parking, I'm assuming, going to be In the back of the building? And you ll be doing your cutting and Wading and all that kind of stuff In ft back? Mr, Erickson: I'm going to have an office In the front with a shop In the back with a place I cc pull my truck In at night. So, you know, I don't plan on even having any vehicles out there at night for securly reasons for one Ihing. Plus, it would be out of the weather and everything like that. Chairperson Schertz: And then one of the concerns Is, though, when we have residential around, there won't be any openings to, like, your shop or anything facing any of the residential rmas. You're gong to have your building, and the shop Is going to face your building so that the opening Is not going tv oe facing any of the residential? Mr. Erickson: I'm going to have on of the front facing 377. Chairperson Schertz: Okay, then your shop front would be, where you do your work, would be facing Mr. Enr:kson: No, the shop would be In the bard, I'm just going to have an office In the front Chairperson Schanz: Okay, Is your shop going to have a door on It or open an the time? I'm just trying to get a visual picture of it. Mr. Erickson: No, we are going to have, like, a garage door In the back of each unh. Chairperson Schertz: Okay, So my vision.,., Mr. Erickson: I'm talking about 1,200 or 1,500 feel spaces. Not real big.,.. Cha' on Schortz: And this Is your shop area? Mr Erickson: This will be the whole thing, I've had several people in the area express an Interest In, you know, in looking for an office, and there is just nothing available from Roanoke an the way up the and of Denton right there. There Is no place for anybody to lease at all. Chairperson Schertz: Again, I'm just trying to ask. I'm familiar with Sam Swinger Glass here In Denton and other places, and you drive by all day long, and that's a pretty active, busy shop And they've got a shop In the back; and they've got trucks going In and out; and they cut their glass: and the doors are open; and Its pretty viauat, I'm not so w sure I'd want a Ben Swinger in my neighborhood if I were In a residential area. Mr. Erickson: I'm not that kind of a company. Chairperson Schertz: And I'm not saying, and I didn't mean oat to sound derogatory. Mr. Erickson: I knoll what you're saying. Ms Apple: You're going to gel a letter from Ben Swinger. Chairperson Schertz: Well, I know him, so 8 will be all right. But 191 probably get In trouble. But whet I'm just trying to visualize is that that Is not as large of an operation that you are talking about. , Mr. Erickson: I have en extremely small amount of walk-in business, because-that's why M doesn't matter to me whether it is out theril suss I'm outworking to new houses all day long Chairperson Schertz: And I agree, when you answered my question about residential, the" of work you do Is not mass quantity or the size of the glass as when you get Into commercial. 22. v r~2. 10 Age!" r 0 I G o.7I, J11MJ I I Planning and Zoning Commission Minutes March 11, 1996 Page 7 of 19 Mr. Erickson: All the predictions ere-Is from Alliance Airport ell the way to the south and of Denton is going to be the highest growth area In the next 10 y ears. i Chairperson Schertz: I think your positioning yourself quite well-I really do-from that point of view, Mr. Erickson: There Is going to be a lot going on all the way up Nat road. Chairperson Schertz: And I apprecia!e your concern far how It looks and caring about the growth of the city because "are all wricemed about that So I appreciate your comments on that. Commissioner Apple. Ms. Apple: Since you are on the beard of the Argyle Chamber of Commerce, are they upset with you that you didn't buy property In Argyle? Mr. Erickson: I tried to buy a piece an acre and a half, But it was considerably more money, And f suld before could get N. Ms. Apple What do you envision being In your, I know you said this was just a rendition, but how many offices are you looking at? Mr. Erickson: I'm looking a! six, this Is five here. Ms. Apple: So you're looking at one more than we have. What do you l l being In there? You mentioned Ebby Halliday. What other-like, how would you fill the other lour? What are you envisioning? You said you've had a lot of people come to you- what types of businesses? Mr. Erickson: As far as neighborhood services or a place for someone, I have s guy that lives on my street, and he's been looking for offices all over. He just offices at his house and has his promotional business, you know, where he's mainly, you know, doing shipping and stuff like that-rat any kind of manufacturing. I want to make t a nice-looking enough building where we can get a dentist or something out there. There's nothing out there , Chairperson Schertz: Thank you I don't believe we have any other questions. I'll give you another opportunity to speak... Mr, Erickson: Okay Chairperson Schertz:..In the meeting Tha" k you, sic Ms Apple, I have a question of Wayne. Chairperson Schertz. Mr. Reed. Could we Insert you real quick? Mr. Reod Yes, Ms, Apple, I ju!! have one quick question. { Mr. Reed. Yes. Ms. Apple: In figuring the trip Intensity for this business, did you anticipate six businesses? Mr, Reed: No. What I simply did was, In the Denton Development Plan there Is a chart that, for different land uses, N gives a rule of thumb on the number of generated tripe N may generate. And under commercial, just under straight 1 commercial, you took at 660. The applicant counts- Ms, Apple Whether there's one business or whether there's ten? Mr. Reed: ..,persere, righl-per acre. a Ms. Appto: Thanks. Mr. Reed: You're welcome. 23. ~5x ❑ 32X10 I Planning and Zoning Commission Minutes March It, 1998 Page 8 or 19 Chairperson Schantz: Is there anyone else in the audience to speak In favor? Anyone to speak In favor? At this Ume, I would like to read a card by the gentleman that could not stay, His name Is Paul Berry, and his comment Is 'I awn the land to the north and support the request to rezone a commercial zoning diatrlct.' Can you show us, do you know what property he, when he says north? ' Mr. Reed. This Is the, Vila Is the subject property. Mr. Paul Berry owns this tract. Chairperson Schatz: Okay, So, he's directly across. CommfWoner Apple. Ms, Apple: I wish that genteman had stayed. My question would be, because I know that he also has his property for sale, it's been for sate for some Ume, and he's marketing It as commercial. I wonder N he would be as for N N he realized that there's not going to be able to put another commercial in for another half-mile. I'd be eurfovs to ask hlm, and I wish he were here. Chairperson Scheriz: I think that's 'first come-first served' rule. Ms. Apple: Yes. l just, I wonder f he realizes that. Chairperson Schartz Seeing no ore else to speak In favor, I'd ask N there's any opposition. I have a card from-I believe If I read it right-Joyce Kenis7 All right, If you'd like to address the podium, please. If you'll give us your name and address, please ma'am. Ms. Y,enis', My name Is Joyce Kenis and, excuse me, my husband and myself live at 308 Hamillon Road. I'd like; may I put this in such a way that I can show something on here on camera? Chairperson Schanz Sure There's-sure, we can assist you Ms. Kenis' I can, why don't I just come over there. I can do that, I'm speaking for these people who all have homes that face Hamilton Road, and we moved out there to gel away from commercial so that we could have a quiet lifestyle living in the country with acreage and to stay completely away from commercial. One area has not even been mentioned tonight and that's Happy Acres. Hepry Acres also uses Hamilton Road Let's see. Will this show? Okay. I don't know if you can see the little squares that I've drawn in there, but that represents all the houses that are In that area, and our house Is fight here, and the brand new ~ nme that's being bulll Is right across from us. So the back of his shop would be racing their home, and also N would bt in clear vlew, of our area because our tome faces north. If this Is zoned commercial, that can open the door for a lo; of undesirable business there. Also, Hamilton Road Is a very narrow road: N's barely wide encugh for two cars to naet one another. I'm wondering how this Is going to work with commercial trucks coming In off of Hamillon Road I don't believe the City maintains that road at this bme, I'd like to know what restrictions are going to be made on the types of businesses that are there right now. Also, Mr. Berry doesn't eve In hie home. Ha's one of the few people Nat I know In that area that rents N out. He's-1 don't i believe that he lives in this area at this time, and someone just pointed out to me that he had a sign In front of his house that stated that that area was zoned commercial. We want to keep our neighborhood as a neighborhood. The closest business to the north is two miles, and I'm sure It's that far, as least that far, to the south. There's a lot of areas in that, and also on this map, It showed, let's see, N says north-undeveloped land In Hills of Aigyfe, single. family; south-Is agricultural. That's ours, but it's lendscapod. We spent a lot of time Improving that area, plantng i trees, and it's a very attractive area, as have these other families whose houses face Hamilton Road. Esst-there's a new home that was built across the highway from 377. And than west-I wouldn't cell that or undeveloped lend and that area that's Happy Acres, which has not even been mentioned tonight. 1 Chairperson Scheriz: What Is Happy Acres? Ms. Kenis', Happy Acres Is s housing addition Oal's-okay, let me show you where that's at, okay. U.:' non ScherU: Thal's all right. Okay. Ms, Kenls: Let's see. Right here, you go down Hamilton. yl, Mr. Ko6s: You're not far enough over to show them. rhWr Ms. Kenls: Okay. Down Hamilton and It's this whole area. This development right Inrough here. There are a lot of houses In that area and there ore a lot t I Muses that face h emilton as Hamilton goes south. Oh, I'm sorry. Okay, okay, okay, okay You want to see it there' I dor T think that the people In that area were notiled. The only people that were notified were Ne ones that were notified by low, The ones that had properly within the city limits, but Nis 24 yyv :32xi[ I r ' V I I ~ I Planning and Zoning Commission Minutes March It. 1998 Page 9 of 19 effects a Ir 1 of people that have not Laen ratified, We tried to notify as many as we could, but a lot of people haven't been notified We don't want commercial. That's the reason we bought the land where we live is to getaway from commercial, and there's enough commercial area he could And to bul$d his business. • I Chairperson Schantz, I appreciate your time. I think we have a few questions, and I wouldjust like to make a general corn, lent as Chair. I think, again I'm speaking for everyone, but we're all very sensltNe to, you know, your wanting a I resld,nllal area that's with acreage and that's why you bought out there, I'm going to speak for myself, and, you know, make a statement and Its not to offend anyone, but when you have agricultural land around you, because I'm In exactly the same situation, then It's onan for anyone to come In and do with what they want. So, what we're up here right now trying to decide Is, is he withi, our guidelines and our plans of can he do what he does. So, Planning and Zoning Is look at exactly what's been given to us by staff. And that's why you hear so many queslons about 'is it consistent; 'is II inconsistent; because that's how we have to make our decision. Our decision can't be based emotionally on these people bought houses and it's attractive and k doesn't have any commercial end that's how they want to keep It. So I just want to make sure, because we're going to get Into some things, I Just want to make sure you understand our position up... Ms. Kenls, Right. Chairperson Schertz, ...here, and our position is we have to go by the ordinances and the things that staff had given us. But .,a certainly understand, too, your position. So, there's some inconsistency with what he's trying to do. So we're going to have to work on It and sae how things car re worked out. Ms. Kenis Well, the road Is one of the maln things. And also, septic systems. I mean, there's-It's not developed for commercial out there at this time But the road sons of the male conceme, plus the-we shouldn't be exposed to the back of e person's business It's going to look nice from 377. But that's not where "homes ere. The homes are east and south. Chairperson Schertz: But, you know, you were here earlier this evening and that's exactly what the gentlemen that had the business, what we worked with for a good-4 know at least hour and a half or here-Is talking abotd the buffering and what could and couldn't be done And so, lhal's what we're going to have to deliberate up here. I just wanted to make sure you understood that 41 Ms. Kenis Right. Chairperson Schertz:..,we're Jvst trying to work within these Ms. Kenis: Please consider, though, the traffic that's on that road right now and that was 00,npteloly eliminated , because Happy Acres was not even mentioned So you do need to look at the map and see how many houses are using that road right now. Chairperson Srherti: All right I appreciate your input. Ms. Kenis, Okay. Chairperson Schertz: We really do. I believe Commissioner Gourdie has a couple of questions. Ms. Gourdie, t was just eurlovs as to what you would like to see In that area, Would you-Is It just a Muse Is to only acceptable thing for your neigoborhuod or would there be anything else that you might find acceptable? s- Ms Kenis, Well, that's what-this Is what Is there now, and this Is what I think the majority of us would like to homes consistent with what we have and acreage. You know, we moved out there so we could have horses and cows end.... E Ms. Gourdie, Well, y'atl eat through our firs( Initial discussion about the Denton Plan and how we were discussing diversity In neighborhoods; I know you sal there and listened through R, but you didn't have Input. How do you feel, because this is going o affect your neighborhood In the future because that is one of our goals, is Ic have a 0 9 diversified neighborhood Ir, which we are giving the opportunity for commercial to be mukl•use, which we don't have a ` J definition for, area. So this may be a sRuatlon where R might happen, maybe not tonight, but it might happen In the near future. It's one of those things thess going to have to happen due to the fact gist that's whore the City seems to be heading In that direction with the Denton Plan. So, I'm just kind of trying to understand how your Ideas At into what the Cq's Ideas are and where we're heading with public Input. Maybe that's something we mod for you aA to do Is slat being Involved In our process, because this is going to affect you, because 377 Is a major street. People are 25. K In 32XID 0 Planning end Zoning Commission Minutes March 11, 1998 Pape 10 of 19 going to want to be on that street. There's going to be plenty of commercial, It's going to be a long haul for the neighborhoods to really fight away commercial when It's going to have to happen in that area sometime. And I just would like for y'elt to know, to be aware, that the Denton Plan needs your Input We need you to be a part of the system; end, If this is what you need, then we need your Input to make the cho%.x, according to what you'd like, but you know, - Ms. Kenis: That's so severe, though--to go from agriwlturul to commercial. Chairperson Schertz: It's done. Ms. Ken is: That's a big step. Chalrperson Schanz: But its done, Ms. Gourdie: Its real hard. I mean.... Ms. Kenis: It's not consistent. Ms, Gourdie: It's a difficult system. I Just lived through N In my neighborhood where, not only did the Denton Plan say that you couldn't have commercials within halt a mile and we got a whole mile of it put In; and, you know-so, it can happen even though N's- the plan states that you're not permitted to do N. There are exceptions to the rules and a precedent has been set In which we are putt ng them In more, closer than a half a mile from lnmmercfal development area So, I'm just wanting y'afi to know, please come in, and please be a pan of the system. Go to the City Council meetings, gel your input in so they can understand what you're feeling, what y w're look,rg for and understand that this Is not a unique situation-that it's happening everywhere and that's what we'rb all talking about our neighborhood Inlegriry. Ware trying to keep our neighborhoods as they are, and yet we have to also realize that commercial businesses are here, and we need them, and we use them; and once their these, we fight for them when their not, you know. When they're not there, we don't want them, but when they're there, we start using them. So, I'm Just asking to, you all in hear with us'., the process because I don't know how N's going to go, but It's going to be a tough one, Ms. Kenis: Well, how will you-how will the roads be adequate and how will-right now, we don'! have police protection. We pay taxes on our property there in front, but we don't, we're not geNing the benefits that we should get from the City. Ms, Gourdie: And I..., Ms, Kenis: So, now you've got a business that Is ooming In with no police protection, Ms. Gourdie, it's a difficult situation and I can't Imagine. Vie hear this about other people not getting fire protection because they chose to live outside the city Ilmits or right at the edge. I understand that. I canN do airything about that like Chairman Schenz just said, we've got to do N according to the ordinances and where the plan Is headed towards. And I agree with you. It's a typical situation. That's why I'm so glad you all are here to help us make a decision that best suits the neighborhood. That's just to let y'all know to bear with us. R kts, Kenis: okay • Chairperson Schertz: Thank you. I've got some more questions, but Commissioner Engelbrecht wanted to make ! some comments, please Mr E:ngelbrechl: Bay, actually I had a question. Have you met, or has your neighborhood group met with the petitioner at all? Ms. Kanlr No We had no forewarning of this whatsoever. As a matter of fact. I had to call and find out what they 0 had In mind putting there. I tried telling City Halt once end I didn't get through. Them I called. I finally realized that at Fry e's would know. So we called them. No. We had no forewarning of any of what they Intended to pull In. Nothing. Jv4 We weren't Informed at all. Mr Engelbrechk I'm assuming you live on Hamilton RoaJ. So you mull go up and down Hamilton Rood? Was there any sign posted? Any notification of zoning change on the property? Ms. Kenis: May I ask the people back here. No. 26. wtr 2 S l0 32X 11 -W~m~m U.Momm~~, " . - Hall! &VIEW" { .o10arrus 1 Planning and Zoning Commission Minutes March 11, 1998 Page 11 of 19 Mr, Kenis: None whatsoever, Ms. Kenis: Just 'land for sale' Like I say, it was pointed out, I didn't realize 11, but I remember somewhat that the property north did say It was commercial, didn't 8? Zoned commercial and it wasn't zoned commerclal. But this man does not live in that house. Mr. Barry... Mr. Engeibrscht: I understand. Ms Kenis:... lives ou! of state... Mr. Engelbrecht: Right Ms. Kenis: ...and rents his property. Mr. Engelbrecht: Got It. Ms, Kenis: The rest of us are trying a keep our property up. It's our homes. Mr, Engelbrecht: I guess I ask you this as an Individual purchaser, I don't know how. First of all let me ask you. How long have you lived on Hamilton Road? Ms. Kenis: Thirty-five years. Mr. Engelbrecht: Thirty- Ne years. Okay. This Is 377, which Is a relatively major highway. I mean, did you all think that this was never pomp to develop. I mean, k's a highway. Ms. Kenis: Well, It's so Inconststent because It's two miles north. There's nothing commercial in that whale area. Mr Engelbrecht Right, Ms, Kenfs: There's no reason for... Mr. Engelbrecht Well.... Ms, Kenis: , anything to be commercial right there. Mr. Engelbrechr: As soon as the houses come, the pressure comes to the Intersections. I mean, that's what happens everywhere-has always happened everywhere. You know, the minute the houses come, twin, because now there's something to support.., Ms, Kenfs, But it's so inadequate. The road is so Inadequate. The road's barely adequate.., Mr. Engelbrecht I know. ` Ms, Kenis: ,.,enough just for the houses that are built out there, So, I mean there are no curbs, There's just this little road where we can barely pass one another, Why era we going to have commercial trucks coming In and off there? It's not safe. i Mr. Engelbrecht I know. I'm dust saying that's the historical pal As soon oe there's population, then there's I.-essuro at the Intersections for something other than retail. Okay. Thank you. Ms. Ke i Yes. t. Chai,perso Schortz: Seeing no other questions, I'd kke to ash M there's anyone else that would like to speak In opposition? Yes, slr. If you could please give your name and address. a * ' I Mr. Kenis: I m Billy Kenis She's my boss, I he on Hamilton Road. I moved out there for a llulure--to roles my kids. I'm not rea y for this change. Chalrper ,n Schertz: Thank you, air. Yes, air. 27. , 32X 4 r L caawa , I j J Planning and Zoning Commission Minutes March 11, 1998 Page 12 of 19 I Mr. Beck: My name's W. C. Beck My wife and I the at Happy Acres. Awhile ago, you asked Joyce how long they d live there. They've been there thirty-five years. We've been there twenty-five years. You asked II we ever thought this would develop. Chairperson Schertz: Sir. Mr. Beck: We moved there.... Chairperson Schanz: I'm sorry. You're blocking the microphone, i Mr. Beck: When we moved there. Lire Population of Denton wasn't but 25,000. I Mr. EnglebrachC Right. Mr. Beck: Wa didn't know Denton would grow like it has. I'm against It being there to start with. My main concern Is you're saying the front of this place, there won't be any entrance off 377. There will be a retaining wall, or buffer wall, or whatever you want to call It dawn the north side and the east side. If anybody win pay any attention out there, the drainage on this place is from the west to the east, coming right down the bar ditch adjacent right to this property where it's going to open Into. My water that lands on that lot is going to dreln Into that bar ditch right through my house which has been flooded twice. I want to know 0 the developer, 9 they can do It. are they going to make the provlsion for this run-off water, or what's going to be done with It? That hasn't been addressed any, The men from the City awhile ago said that he notified the people on the other aide of the highway. 377's here. There's an elevated railroad track, there are six houses over there--eve y one of L'rem faces west. They don't even face the direction of this house. Those people could care less. They can't even see It. But my main concern Is, If it passes, what's going to be done about the run-off water. I'd like to know if that's going to be addressed and taken care of. Thank you. Chairperson Schertz: Sir. I appreciate your comments, I was going to let you know, one of the things we're trying to address right now In our Denton Development Plan Is what guidelines we use to notify people. I'm just letting you know we've acknowledged how we're notifying people-we've just having a difficult time, especially in this ETJ area. 4 mean on the outskirts of town, 0 the 200-feet rule doesn't seem to quite reach people it needs to reach. On the other hand, where do you stop? We don't need to get Into tt tonight at al. I just want to share with you that that Is... Mr. Beck: Wen, the people.... Chairperson Scri ...something that's trying to be addressed. Mr Beck, The people that are building a new house are out of town, We left a note on the door about the meeting, but they hadn't even come back yet. So they don't know about It. Chairperson Sci Well, I think we're getting ready to get Into It with slats right now and hopefully come up with some answers to your questions, I really appreciate you bringing these things up. Unknown: You know, you were talking about that nolke-we would Re a vet playing field. You know It's bad when you come down here and got one of these deals and you've never even had the time to review it or look k over. All the City staff and everybody else has maps and everything mapped out. That's not a fair deal I , Chaiperson Schertz: I appreciate your comments, air Thank you. We'll lake that Into cwnsideratlon. Is there anyone else who would like to speak In opposition? Would you please glve your name and address? Mr. Yoder My name's David Yoder and I live at 940 Brush Creek Road. I don't Nye actually In this area. I'm just not sure. Is the City aware there Is no septic out here? There Is no sewer system. How are six residents in a building- where are they going to put their sewer system? i ChalrpersonSchertz: Thank you. Mr Yoder: The other thlri Ms. Gourdie, In response to you. I have been repeatedly beforo Planning and Zoning O and the City of Denton In regards to the Hills of Argyle and the Denton Country Club Eaiates. Basically when we're In j the County, we're told It's crone of our business because Brush Creek currently foods across both ends on either side or my house-east acid west. The answer, basically Is, It's not the City's problem because we live In the County. 11 you're going to come out and develop the area, I understand I'm in your ETJ, you have to fix the flooding problem and these people are telling you they've already been flooded twke. Going to put a building In and lots of pavement and 28 - IE 32XIO WA~ - 4 ' atesolea I O Planning and Zoning Commission Minutes March 11, 1998 Page 13 of 19 no sewer system and run some more water down people's roads. You have to pay attention to us at some point. I Thank you. Chairperson Schertz: Thank you. Anyone also to speak In opposition? Anyone to speak In opposklon? At this time, I'd like to ask the petitioner N he his any final remarks or would like to comment? Sir. I'm sorry. You have to address Me podium. We're not able to pick you up If you don't Mr. Roberts: I was just going to say, as far as sewer of anything like that, It's all going to be there sooner or later, I know it's off In the future. Mr. Ken* I've been waiting on H thirty-five years. 4 Chairperson Schertz: Well, I'm sorry air we re just addressing your comments. So I appreciate you making your comments. Mr, Roberts: I'm just saying I know there's going to be a lot of things coming In through there In the future. Chairperson Schertz: I'm sorry, I don't Commissioner Apple. Ms. Apple: Did I understand you have not purchased this property yet Mr. Roberts: I have.... Ms. Apple: You're doing It contingent on the.... Mr. Roberts: No. we've purchased A. Ms. Apple: Ynu do own It. Mr. Roberts: Yes, Ms. Apple: Okay. I thought our information gave a different owner. Mr. Roberts: The co ter signed off for rezoning when we were starting procedure to buy H. Ms. Apple: Is that Ms. Frye? Mr. Roberts: I believe that's her name. Ms. Apple: Okay. But y'aII have since.... Mr. Roberts: Yes. We've since purchased H. Chairperson Schertz: It's Important to us to know that s neighborhood meeting has been held. I think If I remember correctly In your notes, H said that a neighborhood had not exactly been held, but you had spoken with some neighbors. Mr. Roberts: We've )ust met with the City This Is the Ant you know, meeting that we've had on this deal. Chairperson Schertz: Okay. s Mr. Roberts: That packet of paper-today Is the first day I go! that 900. I hadnY been ov )r.,„ Chairperson Sch"r At the Development Review Committee, did they recommend that you have a neighborhood r' meeting? ~ ~ . Mr. Roberts, Yes. Chairpereon Schertz: Okay. You just efecled not b. i Mr. Roberts: We11,1 donl know. We didn't elect not to have one. We talked about having one 29. 10 32X 1 O ~ i Planning and Zoning Commisslon Minutes March 11. 1998 Page 14 of 19 Chairperson Schantz: Okay. It just never transpired. Mr, Roberts: Wayne was supposed to take care of that stuff. He said... Chairperson Schertz: Okay. I , Mr. Roberts: , -that was all his job. He was going to handle that. Chairperson Scheriz: No. I appreciate your comments. I'm just trying to place some puzzles together. Mr. Roberts: Okay. Chairperson Schedz: Thank yoi,, sir. Seeing no further Comments, I'll close the public hearing. Mr. Re. v1 will address some issuas I'm sure. Why don't we open with you taking some time to make some comments on what you've heard? Mr. Reed: Okay. First I'd like to talk about the posting of a sign on the property that Is being rezoned. Our zoning ordinance requires us to do notification In two ways-by publication In a newspaper end by notifying property owners within 700 feel. It has been, as far as I've been told, In the past a policy of the Planning Department to go out and place signs on the property. However, there has been a changeover In Planning staff. The current director, along with Planning staff, Is currently establishing a standard for a sign to be placed on properties. We have yet to agree and finalize that. We will do that. That Is forthcoming. Chairperson Schertz. I appreciate that because I think what the people in the audience were commenting, and the same we, with us up here, we've seen the signs before when there's a zoning change..,. Mr. Reed. Right. Chairperson Schertz: . then, you know. I mean, when it was Jerry Colt's ranch, there were signs out there,,. Mr. Reed. Right Chairperson Schertz ...so that everybody who drove by saw It, So, you know, we had an audience full of people. I I think they have a valid comment. They just, you know, again that assumption even though you're absolOoly right. Right now the way the new staff Is, what we're trying to say Is, It doesn't have to have a sign right now, We've seen them In the past, but it was elected. Right now, because there Is a , ew staff and some changeover. We're going through this transition period. It's not etched In stone. So they're working on policy and how to impleme it that. Mr. Reed. David Hill„ Chairperson Schanzr: That's my underslanding. Mr Reed. Yes, David Hill definitely wants this to happen, Chairperson Schertz: Okay. Mr. Reed, Presently, he doesn't want cardboard signs out there which is about what we could use rr some plywood. He wenis a standard sign and that's what we're., . Chairperson Schertz: I just wanted everybody to understand why we've seen them In the past and why we wereirl seoing them right now-that there was a reason. I'm sorry, Please conllnue. 1 Mc Reed. One of the concerns expressed by the property owners that have spoken tonight dealt with land uses end what's goirg to be appropriate. Again, the Commissloners, all of you have the opportunity to look at the permitted I land uses within commercial zoning district and evaluate whether or not the ones that I did moil omit would, If some of p those need to be omitted as well to make it Compatible as mvch as Is possble with surrounding low density 0 residential development. The next Issue I'd ilia to talk about is z ming. Property owners In the ETJ do gel notified GWI•' about a zoning change or a very clear reason. They're not subjz i to the some restrictions of the zoning ordinance J that property within the city Is. The applicant, wham when he and his partner first came into the Planning Department, I described what the zoning process change process Included, I said, 'You know 0 you actually would locale just dawn Hamilton Road in the ETJ, the only thing we can do Is apply our subdivision land regulations to your commercial property. You word have to go through this. You won't have to pay fro fee. You just have o plot the 30. I t t F r I qtr J L} 10 32X10j i o tMOW, o l Planning and Zoning Commission Minutes March 11, 1998 Page 15 of 19 land and go forth' There would have been no notification f they had done that, But they wanted to be a good neighbor and be located within the city of Denton. So Nat's the reason why property owners In the ETJ are not notified of zoning charges. As lar as the Issue of roads and drainage, I will let David Salmon speak on that cause H is an Issue. Tonight what we're considering Is zoning though, Chairperson Schertz: Right. Mr. Reed', Piahing addresses drainage and road Improvement. So all of that is definitely addressed on the overall development of the property where there Is a zoning change, H Is, of course, not overlooked But at Ihia point, that's not the Issue and Is not being considered I'll let David Salmon speak on what will be required on this: based upon the Information he has now. Chairperson Schanz All right Mr, Reed: Would you like for him to speak raw? Chairperson Scheriz: David, could you wait just one second? Commissioner Apple has a quesbon, please. Ms, Apple Just or-:o quick queston. It says Inhere that the applicant has met Individually with surrounding property owners, but no official neighborhood meeting has been scheduled' As you know, we do encourage, whether people are In our ETJ or In the city limits, and I realize you're rather new and quite a bit of the staff Is new, In the past, the Commission, even though those poople ere In the ETJ, they have been encouraged to Include those people, d H does affect them, In these neighborhood meetings. Did staff direct the gentleman or suggest that he hold a neighborhood meeting? Mr. Reed: Yes. Ms. Apple: Okay, Mr. Reed: Whnn I did meet with Lance Roberts and Jeff, I did discuss a neighborhood meeting. I may have misquoted them, I thought they had spoken individually with each property owner. So, I'll say that's my mistake In the staff report. The neighborhood meeting did not occuf because no formal agreement was made between myself and the applicants. Ms. Apple: So then that criteria would be significantly inconsistent rather than somewhat Inconsistent? Mr, Rood, v'ec Ms. Apple. Okay Mr. Read. You could say. Ms, Apple: Okay. Thank you k1 r, Reed, You'rewelcome. >1 Chairperson Schortz, All right, Thank you. Well let Mr, Salmon address the drainage and road system. While he's coming up here, again, I want to just do a little bit of ezplanafion. This happens so many Umes when we're going for a zoning change, Normally, our attorney kind of chimes In right now rind gives us the lecture that we're not supposed to ho discussing this stuff right now because all we're talking About Is the zoning change. Dul you'rehors. You've asked the questions, Mr, Salmon is going to address It. Bul, we're not allowed to let whet he's getting ready to say effect our dedslon because we're just feoklng at a zoning change. Mr, Salmon: I guess, with that, what e,e're looking at tonight is a little bit over three acres of commercial zoning So, if this occurred and the applicant came back with a plat, we would app',y our drainage regulations and street regulations to the properly that was being platted. Now assuming that we have got a little over three acres of commercial zoning at this location, rirsl of all, you have to realize that commercial zoning has the potenUai of creating a large amount of drainage run-off. Also, three acres of commercial, as Wayne mentioned earfer, eve.1 though this gentleman only proposes to put four or rive small businesses out there, when it comes to DRC (Development Review Committee), we're going to look at ft as three acres of commercial development. We can't look at H as M H's going to be five small businesses, We have to assume It could be three acres of any kind of commerclaf development. So, when they come In to plat this property H H Is zoned commercial, our ordinances are going to require they Install 11. } ' it, I , Planning and Zoning Commisskn Minutes March 11, 1998 Page 18 of 19 drainage Improvements that will take their drainage run-off to an appropriate discharge point. Even If that means digging a dilch a half-mile down the road to get to an sppropnale discharge point. The thing they're going to be required to do according to our ordinance, Is make road improvemerls to Hamilton Road along the frontage of whatever they plat. Our ordinance requires they take their access to Hamilton Road as opposed to 377. So because of that, they're going to have to make Improvements to Hamilton Road from the erd of their property an the way back up tc Highway 377, either asphalt or concrete road with curb and gutter. At least on their side of the road. Of course, Issues such ns water and sanitary sewer will be looked at during the platting also. Although I can't speak to that with a lot or detail, Those are also aspects that will be looked at ff this property ever gets to a point where someone would want to plat It. Chairperson Scherzi Lei me dust ask because Its been mentioned. If It Is platted, and that's a big N. If it gets platted and we get to that part, how Is the sewer system. I mean, y 'all are going to mqu' a H, right? it has to be done before the buildings are built? Mr, Salmon: Well, we certainly have other commercial buildings In town on septic systems. Chairperson Schertz: Right Mr. Salmon: So I don't think that's completely out of the picture. But one way or another, the septic system or sanitary sewer Is going to be addressed during the platting. It will be determined at that time, possibly, whether e septic system Is even feasible for a business at this location. If they can't, depending on how big their business is, N they can't gel a soic k system to work here, then they would be required to have a sanitary sewer. Chairperson Schertu I'm going to dust leap right out there. On that road Improvement, I Just wonder H the applicant even knows, could you ballpark what we're talking about? Mr. Salmon: How long Is the property? Mr. Reed: Approximately 500 feet. Mr, Salmon, You're probably In the range of about $25,000 worth of road Improvements, it least. Chairperson Scherzi Okay I Just was wondering and curious d the applicant was made aware of this 0 it continues to go forward. Mr. Reed, do you know If he was made aware of some of the Improvements? Mr Reed: I did not make him aware of that Chairperson Scheruz Or costs? Because that's a big cost I all you want to do Is put In a glass business and a few buildings Okay. ';ommisslonor Engeibrecht, Mr. Engelbrecht. Yes. I wonder if you might, since the folks are all here, make a comment about what wlti trigger the platting process, what would trigger It, assuming Ifs zoned commercial. Mr. Salmon; Any sort of development If the applicant comes in and applies for a bundl,ng permit on the properly or a parking lot permil, that would trigger plahkg. Mr. Engelbrecht Thank you. Chairperson Schertz Mr, Reed, do you have any more comments? Mr. Reed, Simply that staff recommends approval with the conditions I've recommended to you. 1 l Chairperson Schertz: Ali right. Thank you. I'm going to make a comment. I'll open up with we've seen several limes, I've boon on the Commission for about three years now, and several times similar Issues fih this have come up. With what we've gone through loday. I know I's very personal because It's affecting your land, but R•s very similar to how It's come before us in the past. Generaly, what happens Is, Me Commlaslon likes to see a • neighborhood meeting They like your questions answered. They don't like any surprises. I think with some of this groundwork done, what I'm trying to help you see Is that economically, It's probably never going to gel to bat whether it's zoned commercial or not. But what I think Is more Important and the point I'm trying to make Is that, In the past, we generally don1 just jump In there and tone something commercial wlthout knowing and having a protty good Ilea what's going in there and how fi's going to be even though we're just in the change the zoning pert Rohl raw, how 1 feel personally is that there are way loo many unanswered questions for roil to be able to appm a this tonight. Had 32. _ t~ 32 x [ NNW" Planning and Zoning Commission Minutes March 11, 1998 Page 17 of 19 things come and there'd been more questions and a neighborhood meeting, and we knew pretty much how It was going to be laid out and what was going to be done with the rest of the three acres because Mr. Salmon made an excellent point, that once we pass this commercial, we're not talking about just his four or five buildings, we're talking about the full three acres and, 1 guess that's all I wanted to say is that for me to have voted In favor of this tonlghl I would have needed a bl more questions answered and that's why I'm going to be voting against it Is that I Just didn't have enough answers bnV ht Are there any other comments before we make a motion? Seeing none, I will j entertain a nation, please, Ms Gourdta: I'm sorry. May I speak for a moment? Chairperson Schertz: Sure. Ms. Gourdie: instead of denying this, Is there any way we can postpone it until after a neighborhood meeting has been scheduled and,.,. Chairperson Schertz: Why donl we ask Mr. Reed how that procedure goes. I know we've done that In the P851 and I'm not, or, Mr. Donaldson, if we postponed k or requested a postponement rather than voting against h7 { Mr. Donaldson: One of your options tonight Is to cOnb'nus the meeting, public hearing to a date certain sometime In the future and specify what you want to have happen In the interim. I Chairperson Schenz: All right That's a,... Ms. Gourdle: I would like to see us postpone the consideration until we have a neighborhood meeting done and some quostior s answered for.. It's ono Commercial Engelbracht. Would you like to say something? Mr, Ergelbrecht: The property's posted, Ms. Gourdie: I'm sorry. What? Mr. Engelbrecht: The property's posted win the zoning nobAcetlon. I Just wanted to add that the property's posted with the zoning notification. Ms. Gourdie: Then whatever we add to It, I'd Ifke to dust see us postpone it Instead of denying It so the opportunity can be presented for something to be worked out or not worked out, or the gentleman can have the opportunity to follow through. Chairperson Scheriz, Okay. I'm fine with nat. Could you be specific, too? I think there's going 10 be a lot of gray area on exactly who we're going to nobly because k's In the ETJ and thnl 200-foot radius Isn't going to reach everybody that's going to want tJ be notified Ms. Gourdie: I'm open for discussion on that. Does H, I mean I have to say Haugh that she Is tafking about these people down the road and across, to me that's a little bit too for. Because. Chairperson Schertz: See there we go again, I know.. i I Ms, Gourdie' Yeah, I mean Chairperson Schenz: ...It's that gray area, Ms. Gourdie: Right. ,r S Chairperson Schanz: Where dews stop It? Ms Gourd'+e: 1 ow can't go 4,000 feet out to gel the whole neighborhood In. You can only go a vrtaln distance. And I'm welling to open 8 up further but again, going all the way, I'm not sure where Happy Acres Iii h seems A was 0 down to the south and over to the east a tittle bit which was s Attie bri further out than those few homes we see on the map. jV1 Chairperson Schertz: May I make a suggestion? In this particular instance, K signs ore potted of a neighbodtood meeting In the area and we make h quite vislble you know not just one sign 50 foot back off the property. Out were 33 t, x X32 X ❑ i A , i I O rya ' Planning and Zoning Commission Minutes March 11, 1998 Page 18 of 19 talking you know where NY visible and maybe three signs or something and post it, you know law they do the Qenla neighborhood meetings those are real easy to read. Yes, air? [Unidentified]: Are you all going to have the meeting or? Chairperson Schertz: No, air. JUnidenlftdJ: I thought you said we post the signs. I !Unidentified[: What is the purpose of the meeting? Chalrporson Schertz: The purpose.,.. 10,,der ifiedJ: Come back to you all. Chairperson Schertz: n he purpose of the meeting would be to answer a lot of your questions that you have to see N (here any, it's basically arbitration, It's basically opportunity because right now you're against N and It's an opportunity for the person that's trying to get the zoning change to meet with the netghbors to see N a compromise can get worked out. Because N we can get a compromise worked out before it conws to us, It's a lot easier, It moves a lot smoother. If you could address the podium please, I'm sorry we haven't recognized you and we need your name and address. Ms. McMann: My name is Betty McMann, I Ilvo sl 311 Hamilton Road. Happy Acres Is a whole tot closer to us then the Hills of Argyle. The people that use the road nve in Happy Acres and those on Hamilton Roed, not the Hills of Argyle. Chairperson Schertz: 1 hank you. Commtsslmher Gourdie has made a motion to, am I correct? Made a motion to postpone this lndefinitey and staff Is going to he asking for some Additional, you know what we would like to get accomplished before it come back. So I'm hearing that we would like to see that is neighborhood meeting was attempted. Ms. Goundie: That signs were posted about their zoning request and that the neighborhood meeting. I would also like to sea maybe these people's questions answered about being In the ETJ and how just general questions that I know that we cannot In this meeting discuss, but to have Information available to them so that they can have answers to Ihelr questions being In the ETJ versus the city Omits. Chairperson Schertz: Mr. Reed do you need more direction? Mr. Reed: No, as I understand It yoti d like us to post signs. I recorded three signs, a sign should Indicate the zoning change from Agricultural to Commercial and that there will be a neighborhood meeting of course we'll get a time and place, Chairperson Schortz: I don't want the City to have to pay money to make these signs up, That's not my goal. I mean if you want to. I don't know Low you all wanl to handle N. I'm not trying to tell you all how to do the signs by any means. Ms. Apple: There should still be soma, Chairperson Schortz: I mean I know that, what there Is going to be is that there is going to be signs that says-the old signs Just said 'Zoning Change Requesr,,,. Y Ms. Apple: Please call. Chairperson Schertz: Then what happens then Is N you drive by and you see that sign and N either has the phone number, yuu know to call the City, As soon at those signs go up, then people call the City and that's what they are used to Is people calling in and saying, 'What's going on. Ten me about this.' Then they have b deal with it So, 0 And then hopefully whet we will do Is have some type of neighborhood meeting arranged that as when people call In then we can say, we'd like to explain N to you N you would like these questions answered than Instead of the staff having to exptaln 1130 times, they have one meeting and explain N once end that's ere reason NY set up this way. Ms, Apple: You might mention, We the developer's responsibility not the Planning stags. i 34. r t5 tG 32x~ e , 0 . r I Planning and Zoning Commission Minutes March 11, 1998 Page 19 of 19 Chairperson Schertz: Okay, Commissioner Apple Is reminding me It is the responsibility of the individual who wants the zoning change to Initiate the neighborhood meeting. It is to his behoovemenl to do hot because we are in hopes of reaching some kind of agreement. That's the thought process, whether one is reached or not that Is the thought process. So I would like to Instruct the applicant this evening to contact Mr. Reed and be very specit:c In wortdng out details. But It Is In your ballpark to do that, Commissioner Engelbrecht. Mr. Engelbrecht: Oh, I think this thing was pushed from belre. Chairperson Schertz: From before, Is Commissioner Gourdie's new? Ms. Gourdle: No. Chairperson Schertz: No, okay, we're getting everyone taken care of at 10:00 tonight or 10:45. Mot r!,i has been made and I think we've clarified what we would like to do. Postponing it indefinitely means that k 05 be up to whom to bring it bask before us? Mc Reed: Essentially, It will be up to the applicant once we agree on a neighborhood meeting depending upon the response of that I suppose, Mr. Martin: I don't think we are going to be able to do-this Is a zoning that has been posted already fof public hearing. We can continue the public hearing but we need to know when the public hearing Is going to be reconvened. Mr. Reed Okay, Mr, Engelbrecht: Okay. Chairperson Schertz: That's what we need to hear. We just needed to know those king of rules, Mr, Reed: Does anybody hare a calendar? Ms. Gourdle: Yeah, do we have..,, Mr. Donaldson: OM mike. Chairperson Schartz: Yeah, I think, I think that olves us, . . Mr. Reed, Okay. Chairperson Schertz: What I'm see;ng is like a month. Whatever. Mr. Reed, Thatsoundsfino. Chairporson Schertz; Okay, not our next Wednesday meetirq but the next. So that's about a month away, That should give plenty of time Is meeting does happen. If s doesn't happen, then we wit address thal W. I hove s motion on the floor; do I hear a second? • Mr. Moreno: Second. Chairperson Schertz: Any further dlscusslon? Let me put the volig on and than we will start K. M I could ask IN Commissioner's to please test their vole. The voting is comptete; I will display the votes. It posses 5.0 with i Commissioner Powell and Comml;swner Ganzer absent. Thank you far your time this evening. I know k's been a long evening and I hope we made clarifications for everyone. 35. 25 10 1%.1 1 32X10 s e I s ATTACHMENT 3 PLANNING AND ZONING COMMISSION REPORT STAFF REPORT Sublect: Lance Roberts Case Number. Z-98-002 11flt(: Wayne Reed, Planner I paig: April 8, 1998 GENERAL INFORMATION Applicant: Mr, Lance Roberts 220 Forest Trail Argyle, Texas 76226 Owner: Lance Roberts and Jeff Erickson 220 Forest Trail Argyle, Texas 76226 Action: Request change in zoning for 3.491 acres from Agricultural (A) zoning district to Commercial (C) zoning district. The applicant has proposed constructing a small commercial center that would accommodate his glass buslness and other tenants. Location and Size: The 3.49 acre tract is located on the northeast corner of HWY 377 and Hamilton Road. (See Enclosure 1) Surrounding Zoning and Land Use: LOCAT;O,'~ ZONING LAND AM North: Agricultural A single-family residence and the Hills of (A) Argyle single-family subdivision (approximately 1,100 feet up HWY 377) South: Agricultural Undeveloped land and the Denton Country (A) Club single-family subdivision (approximately 2,100 feet down HWY 377) East: Extraterritorial Residential 4 _ Jurisdiction (ETJ) (A) 0 , West: Agricultural Residential P Denton Devalopment Plan (DOP): Low Intensity Area #96 (84% allocated), "lrto-iafl rnn l(.{;,r,o'q,T 17)81. !ri3 fm:.198 (K11 f'Z $IdP{ 36- v_ 7K1 A ' o SPECIAL INFORMATION i The Planning and Zoning Commission postponed consideration of this item at its March 11, 1998, meeting in order to allow the applicants to meet with concerned residents. A neighborhood meeting was held on Tuesday, March 31, 1998, at 6.00 p.m, at City Hall West. Residents were informed by signs posted on the property (see page 2 of Enclosure 6) and by flyers that were distributed by Betty Beck, a resident in the area. A total of eleven (11) residents were present to talk with the applicants. f All of the residents at the meeting live in the City of Demon's extraterritorial jurisdiction (ETJ) to the East of the subject property (see Enclosure 7). City staff facilitated the meeting. Many of the questions asked by those at the meeting were related more to the development of the property rather than to the zoning. There were two (2) main concerns. First, residents are worried about additional water runoff, because the area Is already prone to flooding. This issue Is addressed dwing the platting of a property. New development in the City of Denton is required to submit a drainage study that demonstrates both pre-construction and post-construction water runoff. Drainage improvements are based upon the additional water runoff caused by the new development. A property owner must make drainage Improvements on-site and H warranted, off-site as well to mitigate any increased runoff. However, new development Is not responsible for correcting or Improving existing problems. Traffic onto Hamilton Road is another concern too. Any commercial development on this site will have a curb cut onto Hamilton Road. To accommodate the Increased traffic and to ensure a durable surface, the property owner will most likely be required to reconstruct Hamilton Road, currently a substandard road, to city standards along the length of the property, In effect, the result will be an improved road, Sidewalks will also be required along Highway 377 and Hamilton Road. Three (3) Issues of the residents did have relationship to the zoning of the property. Specifically, they included hours of operation for the business(s), permitted uses and outside storage. In regard to hours of operation, residents would prefer not to have businesses operating late into the evening, such as 9:00 p. m.; they objected to many of the permitted uses; and excessive outside storage is something the residents want to discourage. Again, tha property has not been platted. New development will trigger the platting process. BACKGROUND A December 23, 1969 • The subject property was officially annexed and classified as Agricultural (A) zoning district and !and use classification by Ordinance 69-40 which amended the Comprehensive Zoning Ordinance and Map for the City of Denton. pUBLI NOTICE + Notice of the second public hearing was published In the Denton Record-Chronicle on March 29, j 1998, in additional to the original notice for tho March 11, 1998, Planning and Zoning Commission • A meeting, Four (4) property owners were notified of the request on February 27, 1998. As of this writing, there have been two responses In favor of the zoning change. A neighborhood meeting was held on Tuesday, March 31, 1998. Five signs were posted on the property notifying the public of a zoning change requA%t and a neighborhood meeting. C-N, I.... 11 ~'n a C,'.r^ itl'i'~J•,P 19gi~ ]-?}.1 WT,' 7A (10? P1 SUn I 37, X iM JIB , aa`~ 25 x 10 32 x r '$MlM , r Q i I rsaoueaa ANALYSIS The table below will provide a summary of the Plan related analysis for this project: Denton Development Plan Policy Analysis Summary Low Intensity Area Development Rating vs. Policy POLICY COMMENTS Sigx stmt Inca istmt Consistent totwalOl To be mnsistent with the Pian, a The Intensity standard for low Intensity kegs x development should not exceed Its Is 60 vehde trips per day per grm acre. attocared Intensity, (Vd)ac). Based upon this intensity level, the 3,491 we brad has 2095 allocated intensity MpJ, Comnadal mng generates 650 Vd/aae, If remned straight crn4rt!rda1, the 34191 acre brad could generate 2,269 VQ/aae• This represents 2,060 trips above the allocated Vo/ac for the subject lot, Divanitvl Neigh Pirolibdo 1) Strkt site plan control within 1,600 1) Because straight corrovdal inning x feet d existing low density does not require site plan review, no resdenbal areas site plan has been submitted, The subject property is within 1,000 feet of the Will or Argyle Subdvlslon (see Enclosure 3). The applicant has not suggested any mining condtions of provided any site plan lnforrnabon• 2) Trarc design to ensure that mut - 2) The subject property Is strategically X family and nonresidential uses have lusted at the Intersection of HWY 377, access to celledo's or larger a plmary artensl, and Hanotton Road, arterials with no Bred access Access onto six property will be through residenbal streets, allowed from Ha ml lton Road This will not Impact residential areas 3) The overall density/Intensity 3) Intensity kes 096 has 7,116 j( standard is not vidated. unallocated tnns• Thus, even with the added 2,269 Vdvacre from the subject property, the overall trip generab W . within this Intensity area 00 remain • under 100% ollocabon. The Denton Development Pan states that as a general planning polity, a spedhc development should ony make use of ro proportionate share of allocated trip; per sae, However, k provides guidelines to determine the appopnateness of a specific rectierit that vlclates the general pro icy of j ~ poporuonslltY, such as the protosed Q ~ conenerdal use of tins property The corresrondrp rados Include Mare not limited to 1) UV locabon of the proposed development In re ence to existing or proposed pudic fadlitles; 2) cumpabblNty with exfsting and proposed surrounding land uses; and C Ift,r,.•n PI-r,, rig (o 4" 7u'I1,10 '1 11Yi97 78 OOl'✓ 913 (IG7 Pl Sl.rf} F 38. , 25 K ~C] 32XIO MIA JOSM-~MMMLANSLOMMLA9 " s ' o , raaaetwa ' i I i 3) the Impact of a development on it older neighborhoods, single-family housing and concentration of oficelretall saes. In regard to these guidelines, it can be said of the Subject property that it has immediate access to a primary arterial (HWY )77), would not adversely Impact surrourding neighborhoods or housing, and theft Is not another C;Moe/reW4 Ste within a one mile radius. t) Sufficient green space, recreational fadhbes and diver4ty of parks are other than on-Ste landscaping, this N/A provided. provlSOn Goes not apply, 5) Input into planning by neighborhood x associations and roundls Is S) Applicant has met IndlylduaIN With encouraged, surrour>ding property ohms, M no official neighborhood meeting has been scheduled or Is scheduled by the planning department. 1 Non-realdentlal/ Rei Mullf• I EAID)"Mcentraldon 1 Dwersity of land uses is encouraged to The proposed toning Is for straight x limited degree. Neighborhood services commercial. The Ste is less then five (5) should remain small nodes, at least on acres. As stated earlier, the site M located a half mile apart other non-reSdentlal great distance from any other comma dal i centers and vary In site from 7 to 5 center. acres; and multi-family housing should be limited in site to 200 units at any location. Manufactured Moualin Me%famred housing may be coriNtible Not applicable v _ N/A with developmenLS In the low Intensity 111 areas subject to cunclftns Strlo Commerclal l Any form of continous strip commercial Is Although the applicant does not intend on x j strongly discouraged in;or near low developing a stop commercial center, there 1 ntensi y areas are no restricUons within a straight commercial zoning district from derelopng one at a raltr time. The proposed request for straight zoning complies with most of the policies concerning Low Intensity Areas of the Denton Development Plan. It is nonconforming in regards to allocated Intensity (though overall Intensity remains consistent), strict site plan control (because a site plan Is not required for a straight zoning district), and strip commercial, To mitigate these nonconforming factors and to address some of the concerns exprcased by neighbors, the following conditions are proposed: t. Stricl Slte Plan Control A. Exterior Materials. To preserve the character of the surrounding residential areas, exterior materials of all structures within the Commercial (C) zoning district should be restricted to masonry materials on all facades facing public streets, 0 B. Screening. A screen of a minimum of six (6) feet In height along the north and east property lines, facing residential areas, should be maintained within a ten (10) foot wide setback, C. Permitted Uses. Permitted land uses should be limited to those that will preserve the character of the area too (see Enclosure 5). 0. Outiii Storage. All outside storage must be ;ontalned within a "sight obscuring" fence. r f fl ,u,l I n,~ :rnrrl 7 1'Ni4'~ r ,hhi rig, , 'h8 Un' I'. :J..,r r, ...;.l 3 9 r 2S Y 10 3 2X G ..4 Milli s ; . o , i i I t 2. Strip Commercial Strip commercial should be discouraged. A straight Commercial (C) zoning district Is permitted I to have a 2-to-1 floor-to-area (F.A.R.) ratio. Limiting the F.A.R, to .5-to-1 would limit the total building square footage per acre to 21,780 square feet. This will ensure that commercial structures will be compatible with the predominant residential development found In Low Intensity Areas. I RECOMMENDATION Staff recommends approval of t-98-002 with the following conditions: 1, Limit permitted land uses (see Enclosure 5) to those that are compatible with the primary purpose of low Intensity areas, which Is to ensure the cverall landltransportatlon balance by controlling the overall density and Intensity of the designated area. 2. Floor-to-Area Is limited to .5-to 1, translating Into a maximum of 21,780 square feet of floor area per acre, it 3. Exterior materials on all facades facing public streets are be restricted to masonry materials. 4. All exterior storage Is to be contained within a `sight obscuring" fence. 5. A screen of a minimum of six (8) feet In height along the north and east property lines, facing residential areas, should be maintained within a ten (10) foot wide setback. The Denton Development Plan policy encourages and promotes good urban design to enhance the aesthetic quality and visual amenities along entranceways to the City of Denton. The above mentioned conditions would help achieve this goal. MOTION I move to recommend approval of zoning case Z-98-002, subject to the conditions recommended I by staff. ALTERNATIVES r 1. Deny the request. 2. Approve the request as submitted, j 3. Approve the request with suggested conditions, 4. Approve the request with additional conditions, 5. Postpone consideration. ENCLOSURES: r 1, Vicinity Map, 2, Zoning Map. 3, Proximity to Residential Neighborhoods. 4, Schematic Design of Building Facade. i 5. Permitted Land Uses (with additional uses objected to by surrounding neighbors Indicated with an arrow). 8. Site Photographs. 7. Neighborhood Meeting Sign-In Sheet. C' Xr -W,m F xmi, ci 0 cs ?r mngl 114r,)81 98 ON,; A 011.' P1 StA Rrtvt 4 (1 x a 25 x 32x 10 - 41 y' y. 9 t - ENCLOSURE 1 f Z-9~-aOZ ~i ~ i ~ o e T _ _ hbL2Cti: 1 s 1 .:4 0. i ,115 ' , • ti ~x 25)(1 Q 32X ~ 1 1 ENCLOSURE 2 '-98.002 (Lance Roberts) NORTH r r r.. w._. L 1, S.t rrtA •+59~I ~4pey~y1}}{{r , ,y 1~19;~M1~~~.~_ 5+~1,,ui,`~ ry't. Il 7~ / d Jy`!>>3 tip'/ / i-W CSC y: 11 • ~ / t 41 J~A • 1?^w1 ff L r~ r', 1 3. , 1 kYSfM 4 t 7 fr r4 r clI' / / r • ' 54 / ♦ " tfrr N., / 1 .AV' f •y~ `~IM► i+ Zoning Map 42, R,'AW F x 32 x b . a . O t rI ENCLOSURE 3 NORTH Z-98-002 (Lance Roberts) +I r r' • C p V i r I l C NTRY I 3 { a ~ • CRE T PHAS€f Mors C-- A TF rr~ H/L FA QYLE 148 LO _~usrdao.d OAKS .7eba.an At A ` r 3 I DENTONC RYCLUB S WS 6? LO a' .P Proximity to Residential Neighborhoods 43. "F' • , e'r r " ~ ~4~iC 6" t, 25 10 32X t i ~r .rTIM 5 y Y I w.ra...,. ~..«~urrn YaL.w:-"-'WA.IHL~YMWW•NMVM1IHNhwMNa..rr ~ ~ ~ ~ ~ r, ENCLOShRE 4 NORTH -98.002 (Lance Roberts) 1 ~I f m m 0o m 1 Schematic Design of Building FacadeY Ic 44. t 26 3200 ~rw 0 • c ENCLOSURE 5 11C11 eommexoi11 District TERRHITTED UBE81 Iri nary Residential Uses one Family Dwelling Restricted Community Unit Development Dormitory, Boarding or Rooming House Hotel or.44otel rducationai Institut onal & special Uses Art Gallery or Museum Cemetery or Mausoleum Church or Rectory College or University or Private School Community Center (Public) Day Camp Day Nursery or Xindergerten school j. Group Homes ~•Hal;way.House KHone for Care of Alcoholic, Narcotic or Psychiatric Patients ''#fa_+piE~(Gcuase2-Aout~--CaYO) - 11ospita1 Mh cn r .c".e) Institutions of Religious or Philanthropic Nature Public Library Monastery or Convent Nursing Home or Residence Hume for Aged Occasional sales Park, Playground or Public Community Center school, Private Primary or Secondary school, Public or Denominational school, business or Trade utility, Accessorv and incidental Usss Accessory building community center (Private) jAlectrical 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 aid Metering Station lions Occupation off Street Parking Incide11t81 to Main Use Off Street Remote Parking Public Building, Shop, Yard of Local, state or Federal Government Radio and/or Television Microwave Tower • Fsewage Pumping station' Private Swimming Pool O Telephone, Business Office Telephone Line and Euchange switching or Relay Station Water Reservoir, Water Pumping Station or Well Water Treatment Plant 45. n ~ -A 010 32 x e 0 "C" Commercial District Wa in age $ecreational and~+ntertainmant Uses Amusement, Commercial (Indoor)) Country club (Private) with Golf Course , ;i Dance Hall, or .Night Club , Public Golf Course Co.mercial Golf Course Public Park or Playground Public Play field or Stadium Rodeo-Crcurads Roller or Ica Skating Rink `~f-$~aakad-SusJ~►osa. stable, Private Club Stable, Commercial Rental Stable, Boarding Swin or Tennis Club -x Theater, Other than Drive-in Type Trar,snortatien Rele ed uses Airport Landing-via -or Heliport- Bus Station or Terminel 1113, nail. ad Freight opermi" I Railroad Passenger Station Railroad Track or Right-of-Way Railroad Tean Track Truck-Pa ki"-;,et Ceruaercial Parking Lot or Structure ASLtomohile service. Mass Auto Laundry Auto tainting and body Repair Auto Sales and Repair (In Building) Gasoline Service Station New Auto Parts Sales Stores M -Near-or-Ustd.-ear-fleles-hoti (In'Upen) Seat Cover and Muffler Installation Shop • _IiTire Retreading or-Capping Used Auto Parts Sales (In Building) j Retail and Se'r'vice Antique Shop Bakery or confectionery Shop (Retail) Cafeteria Cleaning and Pressing small Shop and Pickup Custom Personal Service Shopp O • Drapery, Needlework or Waaving Shop Florist or Garden Shop Greenhouse or plant Nursery (Retail) Handicraft shep Household Appliance. service and Repair Laundry or cleaning Self Service 46. f.~.r 32xd%~ • O sir++ costimerai-n1 Dietrio lanntinll8~1. W cen Mimeograph, Stationery or Letter. Shop , Mortuary or Funeral Parlor t Offices, Professional and Administrative ~p.off Premise Sale of Beer and/or Wine ~On Premise bale of Beer'dnd/or Wine 6r Licensed Private Club r,Pawn shop r, Restaurant ~-.Retail Stores.and Shops - 4,-000 square fe-or less o feet Retail stores and-shops --Over 4,000 Squa studio for Photographer, Musician, Artist or Health r hr Secondhand store, Used Furniture or Rummage Sale „Tool or Trailer_ Rental. o~~+„~~ra Tvas Uaes ~ Animal Clinic or Hospital (no outside runs or pens) Animal Clinic, Hospital or Konnel (with outside runs or pens) Farm or Ranch Greenhouse or Plant Nursery }4otcheryr-Pew~tz'Y ~mmdY S a TVa B_i[$$B Bakery (Wholesale) Ftui-lA#r+q-+4ate~kc~-e ales Cabinet and Upholstery Shop cleaning and Dyeing Plant (Commeroial) Cleaning Plant, Sags or Carpets (Special Equipment) Clothing Manufacture or Light Compounding or Fabrication Contractors Shop and Storage-Yard, i Engine-and Motor --Repsiring- ' 1. _Keed•-Store Usavy-#aehinery saes--an vrrinna " Job Printing or newspaper Print ng laundry Plant- (Comtne°lisce)CKeam Plant Milk Depot, Dairy► o Paint Shop Plumbing Shop Goientifio or Research Laboratories„ 8~tl ip!) d-"IUU 0! itvre 1le Trailer Rental or Sales ' -Tr an Wholesale Office and Sample Room 0 , 17. i K 0 32x~0 ~:,-sarca c C ENCLOSURE 6 ~ i Z-98-002 (U.S. HWY 377 & HAMILTON ROAD) l , 'I~' ~ing e family homes Y V,resI property line ;'max" 1 Photo 1. Viers looking East acresa HWY 377 at Photo 2. View looking East down Hamilton sublecl property, Hamilton Road is to the right Road. There are s''ngle-family homes located to s'de the East and Southeast of the subject property. i y~,w•. wy... 'rte-- I r - V. 1 y- . IY • • Photo 3, V r;wfrom the southeast corner of the Photo C Viex from the southeast corner of the s:,h,cO trod loosing lonards the single-family subject tract looking towards the single-family 10050 lucaled cn the no,lh side of Hamilton house located on the south side of Hamilton Rood (sce Pholo 21 Road (see Photo 2). yo 1 n r,; y', Ernhng ,trurtu es fa the north- rq y' j r o II , 0 0 e ~ Photo 5. View looking North across subject photo 6. View looking East from HWY 377 at properly fiom Hammon Road, A single-family the single-family home located to the hn-4h of dwehrig (left side} end a commercial structure the subject property (see Photo 6) (right side) are located on the adjacent property, . 48. ra..~• r ~paarr.~r~: J 2;, i r i 0 { l ENCLOSURE 6 Z-98.002 (U.S. HWY 377 & HAMILTON ROAD) 5'a IIOIIIip i ~1,1411M Photo T. Signs were posted on Monday, March 23, 1998, along the subject property Indicating both the zoning change and the neighborhood meeting. Strong winds blew all of the signs down during the following week Stafrvlsited the site again on Tuesday, March 31, 1999, to repoat the signs, A Iola! of live signs were posted, three signs indicating the zoning change (see Photo T) and two signs Indicating the dale, time, and location Photo 7. Zoning change sign of the neighborhood meeting (see Photo 8). r I N'!1~PC~11 t, 11(fifC ~ , 61; fr~lrly'pl Photo 9. View looking West towards residential property located across HWY 377 from the subject properly, The photo illustrates how the elevated railroad track creates a barrier berween the residential area and HWY 377. L also obstructs the view of the two-story house Photo 8, Neighborhood meeting $Ign, ~wrw~rn49. L' f f ~ ..u was ww_-. o.... ~ ; ENCLOSURE 7 Z- I8 -00 z fAvec`l 31) Mb Na'ryle.... e55. ~ lI/J'1C. Ze7 a ~T~ /~X cPo3 S~'r v:g W a7V T4vwe dwr eof • ai!✓~i+s~~+e_ _.2'77 S,a✓wE- - `:„,.~c, gt l.R qo ~lid IDA < 44o d 4,u.a µ CrEak APL, AtCf4C-t 9'-f y~. i • 0 • t ?5 K lo 32x10 Y..._ _ -Odom OPP" ,i acs C ""T area i Planning and Zoning Commission Minutes ' April 8. 1996 Page 41 of 67 ATTACHMENT 4 { Ms. Sherlon 1 think once he sees what we have marked off, because-I have a good feeling because I saw Commissioner Apple's and I em sure Commissioner Engelbrecht's Is the same. I think he will understand exactly what we kind of feet might be against a neighborhood Integrity situation, that it would demean the neighborhood, think that he knows enough about developing ano stuff to know That, and he Irves there so he is going to know. Ms. Apple: And he is going to di single-family section, too, He does not want la.... I Mr Sheltow I have SF-10 and SF-7 backing right up to 4 1 have SFAD on this tract Chairperson Schertz: See, that is why I am not too worried, because you are not going to let anything In that is going to harm your development. V%ny don't I share these with you, and we will listen to r,ext line Item. And then if you ere ready at Thal bme, we will open it hack up again. I am sorry; I am just trying to clear everything off to we can start off fresh Again, so everyone will know what we are doing-we are temporarily postponing Item 11, and we will progress with item 12. When we conclude Item 12, then we will ask Mr. Shelton to cone back and review his list and complete his line item at that time 12. Hold ■ public hearing and consider making a recommendation to the City Council concerning the rezoning of a 3.491-sore tract located on the northeast corner of Highway 377 and Hamilton Road from Agricultural (A) zoning district to Commectal (C) zoning district (2.99.002, Lance Roberts, Wayne Reed) Chairperson Schertz. I will open a public hearing and consider making a recommendation to the City Council concerning the rezoning of a 3,491-acre tract located on the northeast corner of Highway 377 and Hamilton Road from Agricultural zoning district to Commercial zoning district Mr. Reed will be presenting this this evening, Mr. Wayne Reed presented the staff report. Mr. Reed Thank you, Madam Chair, and good evening, Commissioners. This is the second public hearing for this case before you tonight. As you all might recall, back on March l1r, the Planning and Zoning Commission postponed consideralion of this rezoning request until tonight. This was in order to proride the nearby residents who were present at the March 11°i meeting an opportunity to meet with the applicants to consider some of the development issues of this property. In addition, the Commission required staff to post signs on the properly indicating a zoning change as well as a neighborhood meeting Both or these requests have been fulfilled, In your package. I included an Enclosure 6, pictures of the signs that were posted on the property There were three signs f + that indicated the zoning change, there were two signs that talked about the dale, time and place of the neighborhood meeting I posted those originally on March 231, and due to strong winds which blew an five signs down I reposted four signs that I could find, two that Indicated the zoning change and two that Indicated the E neighborhood meeting That kind of demonstrates why the Planning Department Is considering a new policy for i posting signs on properties Chairperson Schad.. Or just not putting them up during the month of March, right-the windy month, Mr Shellun has Iosl his glasses. You don't see them up there by any chance, do you? - Mr Reed No, I do not Chairperson Schertz Okay tr,anks. [did not mean to interrupt, I'm sorry , 1i Mr Reed The neighborhood meeting took place on March 31", which was Tuesday of that week. I would like to, st this time, corrert my staff report where it stated 11 residents attended the meeting It was pointed out to me earlier today that there were actually 13 people on that list, So in my haste to prepare to report I counted the lines rather than the people. $o, lhefe were 13 residents at the meeting along with the two applicants, Jeff Erickson and Q k Lance R0arts, who are here tonight Also, I will divert a little bit and say, because the applicant has closed on the ksYd properly since the last public meeting, one of the two responses that have been received out of the four Mal were mailed to property owners within 200-feet Is somewhat negated, One of those responses was from the property owner at that time, who was Joyce Fry . So, essentially what we have Is one response In favor, none in opposition 51. 25 32 X o %boom C i ~r.mx,Frra Planning and Zoning Commission Minutes April 1 1998 Page 42 of 67 So, back to the neighborhood meeting. I will just highlight what was discussed at the neighborhood meeting and then discuss a few other items before answerin, some questions, Many of the questions asked by the re sidents at the meeting related to the development of the property, which was an issue the last time this case was heard. There are two main concerns-first, the additional water runoff from this property, if it was zoned commercial and h was developed as such because the area is already prone to flooding. Some of the houses in the ETJ to the east and just down Hamitton Road from this site flood on a somewhat regular basis or annual basis when there is a heavy rain. So I would like to reiterate that any new development is required to submit drainage studies post-construction and pre~conslruclion water runoff. The Engineering Department and David Salmon can definitely elaborate on this more than I, based upon that additional runoff after improvements, the property owner has to make drainage improvements, as well as the development may be required to make improvements off-site to mitigate any additional runoff down stream However, new development is not required to fix the existing problems. Again, this area is prone to Flooding and that is a concern that they have, but that is a problem that already does exist. Another Issue was traffic. particularly onto Hamilton Road because that is the point where this property would be given access, The only comment that I have to make about that really is that, yes, there will be increased traffic if this is zoned Commercial, However, it will not actually go through the subdivision or the residential area to the east since it will be coming off of 377. In fact, the residents will be enjoying an improved road at this point due to the fad that the development will be responsible for improving its one-half of Hamilton Road along the entire length of the property. In addition to that, the have to put sidewalks on the property. However, there were three Issues that the residents had concerning zoning, One was the hours of operation, They really do not want late-nigh( businesses over [here, Second, they were concerned about the permitted uses even after staff gave them a copy of the permitted uses within straight commercial and the ones that we omitted from that list. They also expressed a concern about dutslde storage So, due to the concerns expressed by the residents at the neighborhood meeting, I have altered or elaborated on the conditions as originally proposed. I will just touch on the differences between the staffs recom, per ion for approval tonight from the March 110 . - Chairperson Schanz, Has the applicant been made aware of these changes? Mr, Reed. Yes, he "send he has s Copy of the report. Exterior material remains the same, screening remains the same, however, permitted uses-1 provided you the listing, which illustrates the removal of some permitted uses within a commercial district, I did not change any or add any uses to that prohibited list. But what I did do was indicate with an arrow Air the uses that the neighbors opposed They actually-from the neighborhood meeting. many people left stilt opposed. They were better informed and well aware of what the commercial development would do to that properly, but they were simply opposed to change Chairperson Schertz. They are having a difficult time hearing you. I do not know if there is any way that you could speak closer to mike, but if you could-thank you. Mr. Reed Yes, okay. So many other uses actually prohibit some very common commercial uses. So. I did not recommend r. -r,hib8 any of those I am actually going to allow the P 6 Z Comm fission to deliberate on that fact and possibly discuss that further with the applicant since staffs recommendation last time for prohibiting uses seems to be appropriate for this site. Outside storage is an additional condition to staffs recommendation Residents said, We do not want a lot of excessive outside storage' As a matter of fact, last time the Chair of the P & Z Commission talked about another glass shop in the city that has a rathe, unsightly back end of the business, the response to that , and the residents concern about the slmilartype olpossibuty-Ihe conJition, which says s silo-obscuring screen will be construcled around any outside storage has been added Also another change Is that strip commercial is d,scouraged The way staff has written that is to limit the amount of square footage per sere In a straight commercial, you can have 2 square feel to every 1 square foot of land area, and so, essenlially staff has reduced that to 25nio to 5 to 1 ratio That means that this development can have 21,780 square feet per acre and a regular commercial zoning district you can have 86,120. So again, 4 is 25% of what a regular commercial development can have Those are the differences and the recommendation that I am making to you tonight. In closing, I would simply like to say that this area is predominately residential in nature at this time in the future, maybe 15, 20 to 25 years as i this area does develop when Loop 288 Is expanded as it is currently proposed to expand, it will run west to east south of the property. The residents may be concerned about the zoning request change before them tonight as If is 0 presently proposed, it is their best opportunity to control the quality of development along 317. When Loop 288 is expanded, which the City truly believes will occur in the future, the nature of this area will change dramaticclly and Ore ability for residents to have such a voice in the zoning change will be dramatically reduced because tt will be expecled That Is what I will say In closing 52. I Planning and Zoning Commission Minutes April 8, 1998 Page 43 of 67 Chairperson ScherU Thank you. Commissioner Apple. Ms Apple: Just a couple of questions. Could you go over with me the definition of continuos strip commercial? Exactly what1ha ? Mr. Reed. It is somewhat ambiguous; however, strip commercial Ts generally defined as a commercial development, which houses several different tenants and is not solely office, which would be an office structure as opposed to strip commercial. I would give examples of the Albertson's at Lirlian Miner and 1-35 or any of your other commercial development lots. Ms. Apple That is okay, that was my thought on what a strip commercial was also. That is what is confusin0 to me because at the last meeting, Mr, Roberts said he was to put six businesses In a row. How is that different from a - strip commerciai? Mr. Reed, Really, It is not. It is a scale factor. Since you brought that up, 1 actually have some examples. Currently in the city in low intensity areas, there Is non-residential nodes. So again, where I denlonstraled the first time around on March 11° that this particular development would exceed Its intensity level, trips allocated per acre per day, the overall Intensity of an area is what Is really Important. That Is why there are non-residential nodes within low intensity areas in other parts or the city, Some examples would be the former food Lion property at the intersection of Windsor Road and North Locust Street. It is surrounded by residential development, I believe there is a school nearby. Here is a development, typical strip commercial; TI Is located at Hercules Lane and Stuart Road, It contains a variety of retail uses. And here you have, d contains a 7-Eleven and a strip commercial center along the backside As you will notice at this particular location at Ruddel4 and Unlversity, there Is very limited landscaping. Because the Landscape Ordinance was passed recently by City Council, revr development in the City-including the site we are talking about tonight-will be well landscaped-more so than Is currently there. Ms. Apple: So, Wayns, you're saying that the staff does discourage the six business In a row that he was first proposing to us? Mr. Reed. What staff discourages by limiting the foor-to-area ratio,., - Ms Apple, So he could hays six little bitty.... Mr Reed is limiting the scale of the development by saying r Ms Apple Which would limit it just by virtue of--d maybe would nol be prudent to put six business there? Mr Reed, Riyht, per acre overall, this Is 3 5-acres with 22,780 square feel per acre, they can have 75,000 to 80,000 square feet on the total site. That is substantially less Than what would be allowed, which would be somewhere around 270,000, dl am doing that calculation correct. If I am not, somebody can correct me. Ms Apple. One last question-it Is my understanding and I guess I want to clarify this for the residents of this area-d is my understanding that another commercial property could not be located within one-half mile of this one. . So, in other words, the property next door that Is adjacent lo this that is for sale could not also come before us in a few months and be commercial? This would essentially sake care of any future development within a half of a mile either way? I Mr. Reed Correct As the current Denton Development Plan guides new development, that is strongly discouraged In a request that would come before you, the staff recommendation would be for dental due to that fact, as well as some of the other inconsistencies, Ms Apple: Okay„ thank you. Chairperson Schertr: Commissioner Gourdie, Ms Gourdie, I need clarification on this list that you said you went through on permitted uses I ; 32X 13 PLO& 4 O , ,vr~r~t Planning and Zoning Commission Minutes April 6, IM Page 44 of 6? Mr. Reed I think I included two page threes, the second page three you can just throw out. Or, excuse me, I em sorry; that is the next case. Chairperson Schertz. It is getting late, Ms. Gourdie. Clarification, the solid lines are 66'ed out? Mr. Reed, Yes, they are prohibited uses. J 1 Infs. Gourdie: The ones with the arrows are the ones that they do not think Is appropriate for the area? Mr. Reed Correct. Ms Gourdie. I guess maybe I am just a little confused, but there is an arrow in front of office professional and administrative? Mr. Reed. Like I said, many of the residents are strictly opposed to any development They were very clear on wanting la eliminate some of the most common commercial uses. Nis Gourdie, But They would rather have a commercial dyeing plant there? I guess I am just confused as to the logic. So the logic was if we put the most common things in there, then therefore h will not be built. Is that what I am seeing? IN Reed I cannot speak for them. I think that some of the residents at the meeting clearly wanted to eliminate uses lhat had been suggested by the applicants. And that is their prerogative Ms Gourdie Right; okay. W Reed. . that is why I gave this information to you. Ms Gourdie That was what I needed clarification for Okay, thank you very much Chairperson Schertz. Commissioner Engelbrecht Gtr. Engelbrecht First off, i just wanted to address something that Commissioner Apple asked about-that was Vie half mile rule I don't know, but it Is-my sense tells me that that half mile rule will not be In the new Denton Development Plan. I could be wrong. Mr. Reed That Is in The Denton Development Plan. IN Engelbrecht. 11 is now, but I would be real surprised if that remains f wanted to make a comment about strip commercial It has to do with why the half mile rule Came Into being. II was not only in this town, there s.as an awful - lot of discussion end planning li!e alure , and the Denton Development Plan-when the last group met, they were d really concerned about areas like University Drive, where there were continual retail primarily development, no landscaping. just parking lots and buildings, which had virtually no architectural characteristics at all, It was some glass, some aluminum, and whatever was cheapest was thrown up and put In and it was rented to whoever And along with that came almost continuous curb cub, ingressregress, and that Is the big thing that the City planners do not like Thal just slows the traffic to a halt, there is virtually moth ng. When I think of strip commercial, when that is mentioned, it means two things to me. One-long distances of retail, maybe some office space with no landscaping and no architectural controls, and virtually continual ingress/epress. The Ingresslegress is the big thing for the City because that slows the traffic down so badly that pretty soon two lanes just do not do the job, and you need three. If you can reduce that Ingresslegress and force the traffic on-•;ite to circulate, then all of the sudden strip Commercial does not become such a problem for the traffic tide of things, So I point ell of that out because, one, we have taken i Q f n r ! r hr u h our Curren! subdivision regulations. You can only have to man care o The l g ass eg ass problem l o g fy y N/ entrances, and as a matter of fact, we are closing up a lo, of chem. You know; we do not have one on this one; this comes in off or Hamilton Road. I am not Sure that the haff-mile rule will stand; d It does not, N means that strip 54. 1 0 32.XI❑ o Planning and Zoning Commission Minutes April 8, 1998 Page 45 of 67 commercial could go next to this if the request comes in tomorrow. I have a question, Mr. Reed, with regard to the applicant and the neighborhood meeting. Was the applicant in attendance at the neighborhood meeting? , Mr. Reed. Yes. Both the applicant and his business partner, Jeff Erickson, were at the meeting. Mr, EngelbrechL All right, so they were there and there was an exchange between the applicant and the residents? Mr. Reed Yes, Mr. Engelbrecht. All right. thank you Chairperson Schertz. I have one question, and I maybe confusing [his with another case. I understand what we are looking at lonight-is this not the case that when it goes dawn the line that they are going to have to put In a road? Mr. Reed Yes, I was speaking to the effect of Hamilton, which is Photo 2 in your packet. This road right here is- David Salmon can refer to what type or surface it is-but R is more or less crushed rock with some type of chemical on lop. That would have to be improved That is the road that, if this property was commercial and developed, its il+ frontage along that road, that Is the length that Hamilton Road would have to be Improved to City standards, Chairperson Scheru: All right, and I apologize because I was probably looking at something else when you were talking about that. I just remember !poking that that was expensive, and, anyway, Mr. Reed It is acost--definitely-and an expensive cost, too. Chairperson Schertz: All right, I just wanted to make sure that everyone was aware of il. Thanks; I appreciate it. At this time, I would like to ask the petitioner to please address [he podium. Thank you for your patience, Mr. Erickson. Good evening, Madam Chairman and Commissioners. My name Is Jeff Erickson. I live at 2002 Briar Hill, Argyle Vie are here tonight trying to get this zoning change passed. Basically, since the last month, there IS really nothing as far as plans that have rhangeJ on the project. Our main goal in selecting the site was the future plans of the City As far as Hamilton Road-have that scheduled to be a secondary major arterial, which tonight was said is a 45-fool-wide road with two lanes on each side with no median. That is the definition of a secondary major arterial. This is the master plan of the proposed roads. Right here Is Hamilton that is outlined; that is the definition - that the City has laid out for that road to be. With the Loop coming through the area and everything, k just seems like the perfect spot for a small place like we are wanting to build. Railroad is on one aide of 377. Even building In the front would still be really a long ways away from any houses or anything. Basically, that Is our proposal at this time We have a rough sketch of the building, we are wanling to do a nice-looking building There Is is perimeter of trees around the back and side that is pretty full already. It really looks like 8 would be a great site for something like that-for what Vie City has lined out kr wrist Is going to happen In the future Does anyone have any questions or anything for us? Chairperson Schertz Commissioner Apple O Ms Apple I guess I just have the some queslion that I asked you last time. Do you know what you are going to do with it-what is going to be there? Ms Erickson Basically, we ere wanting to build that building as a-we have a rough sketch that an archilect drew up for me on page 9. We are wanting to have a nice, s!tfactivedoeking building with a masonry front. I have got an awning drawn in here with the steel rods like an old style building-something that would definitely be attractive for the area You can drive just IN few miles up the south side of Denton and take a look around there and It Is a whole different story . I am not talking about doing anything like that. There Is landscaping restrictions and everything that will not allow us to build something that Is going to be a detriment to the community. Ms Apple. So, you are going by this drawing? I know last time you said this was not accurate because II thawed 0 , i five_ Mr. Erickson, This is just o rough drawing of what we are planning on doing We are here right now for the zoning ..r ~5 Q 32XIO • :,whine Ptanning and Zoning Commission Minutes April 6, 1998 Page 4E of 67 change. We realize that we are going to have to go through the plaiting and everything like that. We just did not go through all the minor expense of getting all of that done till we gel the zoning. Ms. Apple. I was just curious if you knew what your intent for the building was? You had said you were going to put a glass business. Mr. Erickson Right, and we are planning on leasing out some office space in the others, Ms. Apple: But you are still planning on the six? Mr, Erickson: Still planning on the six. The basic size that we have now is 7,200 sq:,are feet, 1,200 feet per unit, j which is well under the 21,900 square feet per acre, We have a drawing in back to styli of that and it is very small, iI relative to the house that is built next door there. Ms. Apple. Just so that you are not misled, do you know when that proposed Loop extension is planned for? Mr. Erickson, Oh, it is way In the future, I am sure. MS Apple. Okay, Mr. Erickson I do not foresee tt to happen overnight. Ms. Apple. Okay, thanks. Chairperson Schertil Thank you. Are there any other questions? Not at this lime, thank you. Mr, Erickson Thank you Chairperson Schertz, Is there anyone else to speak in favor? Anyone to speak in favor? Arty opposition. Yes, ma'am. Yes, sir, you may address the podium" please. Mr. Wtherspo)n My name is Dave N4lherspoon and I live over at Bartonville right now, but I am building a new house right benind this property When I bought this property, it was suppose to be all res'rdenlist. That was what was told and on my part of e, it had dwellings I am not opposed to him building him a house or anything else on this property, but the main thug that I am worried about is how are they going to hook onto sewer and everything for sewage there on this property. II you will check. I think you cannot put that many businesses on a Septic tank right there in that kind of land I believe you cannot put the system like they will probably want with a commercial building, And you are talking about six buildings there or six offices, how many people are going to be In those offices? You only have a small area there that is not going to be covered with building and asphalt parking or concrete parking and everything for a septic tank I was in the septic lank business for 30 years, and I do know a little about them, and they do not work real good right there where it Is al. That IS why I have four acres there where I em putting my house I am not against them building anything they want to build there, but I em against the way ft sewage system and everything and water runoff The water runoff Is going to run right across me, and If Is going to go right on down to these people right here, and they have already been flooded. If If was a dwelling, it would be all right, but as for as commercial. I am against that Chairperson Schertz All right, sir. 1 appreciate Ihoee comments Are there any questions? No, I think we will address that sewer issue when we have a chance. Again, thank you. Yes, ma'am. Sure, how are you? Ms Beck My name is Betty Beck, I live at 2705 Skyview In Argyle. This Is my house right here. First of all, I would ~ Ike to say ditto to everything you said in the last case Those are the tame questions that we have, Every " ergument that you made are the same arguments that we are making about what Is going to happen to us in the future if you zone this commercially now. Also, you were saying that you would not like to have anything light 0 0 industrial In your front yard or backyard, and we are also Saying that we do not want a glass company In our font yard. My house faces this, and, of course, It would be In clear view for several of thorn. There is one thing about the traffic that has not been menlione 1 in any of the meetings that I know of. This is basically a private road Dial only goes to the residences, the only pt via who travel N are the ones that live here. This rood that you see here Is a cut- 56. " , , ► 32 X I O • I. , aasssssas o L Planning and Zoning Commission Minutes April B, 1998 Page 47 of 67 de-sac, which goes nowhere; it goes to the end of our addition and that is it. We are saying that that makes a traffic problem, I do not want to take up a lot of your time, but I know that you are considering this, and we appreciate all the lime that you have given us and the papers that you printed for us for our neighborhood meeting, We appreciate that and all the time that you have done, Thank you. ` Chairperson Schrtz: Thank you for your time, ma'am. We have a couple of questions, I am sorry. Commissioner Gourdie. r Ms. Gourdie: Thank you. I was just wondering-when Loop 288 comes through, which will probably be 10 To 20 - years from now, that is going to change your whole neighborhood, More than likely, it Is going to open N up for iota IY or commercial desires. My question to you Is how do you foresee that in the future coming on-line because N is going to come on-line. I feel so sorry because I know we were all promised things when we moved into our residential areas, We were told, 'This is the way his going lobe,' and then we have to say, 'Well, it is not that way, and you make those concessions. But my question to you is-the way the plan is written and the way the thing Is now, if this is permitted, that people cannot be doing other commercial things in close proximity. And so N Is almost like taking the bitter with The sweet. It might be better in the long run to see [hat [his might be a benefit versus an adversity to your neighborhood because it will keep other commercial developments from coming In. Who is to say that someone is not going to go up the road two or three blocks, buy a property and this whole thing Is going keep happening and eventually it is just going to happen. So I sn trying to understand, or if maybe you an understand what we are trying to do here is that this gentleman has gi.4 three acres, but he Is barely making : den; on one sae-almost as big as your house. Well, let's see, you are an aerie lot, so you could pul three of your lots on his lot And he is just building 7,000 square feet and he could be pulling 21,000 square feel on that. I think that that is, in my mind, that is a wonderful option that you have happening here and he is going to improve the land. This thing - about drainage Is that drainage does not have to drain backwards It can drain towards the street There are so many things th31 I do not believe that we are looking at here that I really do not want you alt to be disappointed, want you all to have the neighborhood that you dream of. But I also want you to realize that N Is inevitable. It Is changing and it is coming forward and the question Is will you permit a smaller development now versus someone corning in and building a just huge Lowe$ or Home Oepol there? These are the options we need to look at I just wanted to tell you that and I do not want you to be frustrated with us when we start discussing this because this is what is going to happen. And I am sorry that it is happening in your neighborhood at this Ume when you are not wanting it But just think, N might help the drainage. The drainage cou,d go forward versus backwards, The street will be improved, which you wun't be driving on the hay and the speaa! stuff that Is put on the road. It is going to change for the better. I truly believe that it is coming but just not the way that you want it and I understand that. Ms. Beck. If you could guarantee me that it would fix the drainage. I are the one that had N twice In five weeks, I would be dancing on Via streets. , Ms Gourdie: Well, they are required to make drainage Improvements. It Is part of what they have to do, So, N Is there and it is in the works, d it does come on-line they ore required to do that-to make sure that the drainage is not going to do anything that Is loo hazardous to anyone else. Too hazardous-that was not the correct way to word h that, was it? Put that Is what I am saying: [his gentleman. I think, has a good heart and a good need, he has desire, he has already bought the land. He has committed himself to 4 He can find a way to make the drainage go the other direction, That is just what I believe end they are looking at me funnY, but I truly believe there Is a way to do It • Ms Peck. There is one Thing-N is not going to guarantee us that there is Plot going to be another business because ' you merlioned a hair mile. There Is already, T think Ms Zipland knows this, there is already one operating a kw inches outside the city limits in the adjoining property Were you aware of thzl? I assume that is what these houses are right here and this big building right here, which we v;ere told is outside [he city limits-is operating a business now, which is very noisy Ms Gourdie Thank you for tellV us. We were not aware of that-I was not aware of that. Thank you. • Chairperson ScherU Anyone else to speak In opposition? Any opposition? Would the petitioner care to make any final remarks? 1 Mc Erickson, Just got one last corgi here. This is the plat, and this Is the size of the building here that we are proposing right up on the front. So, you can seo how smelt N is In relaticn. Also, I have some pictures that I wanted 57. K10 32XIa a y ~r ~ r 1 , r ~ t rasaso®a 0 Planning and Zoning Commission Minutes Ap,il 8, 1998 Page 48 of 67 I to show, On this map, this Is Hamilton Road right here and this is Brush Creek. Right here, this Is the Denton Country Club right in here, and right in this area right here Is the Denton Country Club maintenance facility. Hamilton Road runs right Into that. That Is what they are looking at right now. So there is quite a bit of-this Is where they park all of the maintenance vehicles to keep the Country Club up and everything. As far as the drainage, this Is a ` picture after one of the rains out here. This Is that Wilding that she was talking about. They run an auto business or something; it is just in the County. The drainage problem out there is happening right now without anything being out there. I think that that should be an issue that everyone could get together like they have on this issue and possibly gel it resolved because It looks like the source of those problems are up there In the city limits right on 377. That is where all this water is jumping off of. Basically that Is ii-that is all I have, ~i Chairperson Schertz: Could you address the sewer question that the gentleman asked-why you do not think that that is going to be a problem? Mr. Erickson I will address as far as the sewer-there are houses over there where I five In Argyle. They are a lot bigger than 7,200 feel and have more than six bathrooms In them. I know that It Is not a commercial facility, but there are all types of systems out there, Chairperson Schertz: So, what you are just saying is that In your opinion, you do not anticipate ani nroblems with the sewer? Mr, Erickson: No, not when you have this much land back here to work with. That is quite a bit of an area there. Chairperson SchertzCommissioner Apple. Ms Apple: This question I think will have to be addressed to staff. Mr, Erickson, Is that it for me? Ms Apple Well, I am not,.., Chairperson Schertz. No. Mr, Erickson Okay. Ms, Apple: Thank you. Chairperson Scheriz She wants both of you. Ms. Apple Mark, can you answer [his question In lieu of Wayne? This property will be required to follow the landscape plan, in other words, he Is going to have to have his 15 trees and he is going it have to have his 20% pervious surface-so, that Is going to further Gmit the area? That would make me feel more comfortable. He Is z, gomg to be obligated to the landscape plan that Is about to come on-board; Is that correct? Mr. Donaldson Yes, the Landscape Ordinance will be effective May I'. Any development offer that will have to meet th, a requirements { Ms. Apple. Okay. Mc Donaldson He will also be required to plat the properly, which will also trigger the public Improvements Ill we have been laNing about. Ms. Apple Okay, and as far as the improvements to Hamilton Road--l know that they talked about Improving the surface. Is k going to have to be widened also? , Mr, Donaldson. (Inaudible) Ms. Apple', Okay; thanks. i ,~r K10 32x10 e o 1 rlanning and Zoning Commission Minutes April 8, 1998 Page 49 of 67 I Mr. Powell: While you are up there, sit, you said that platting would trigger the public improvements. By that you t meant sewage End drainage--correct? Mr. Donaldson. And road improvements. Mr. Powell So, before he could build, he has to have a workable plan for the septic system or whatever it is and lot the drainage and for the road. Is that correct? Mr. Donaldson. Correct. Mr. Powell: Thank you Mr. Reed. If I could add on that-it has been clarified tome that as far as sewage goes, when a property is being developed or a building is going to be placed on 0, the Environmental Health within the Water0astewater Department assesses whether or not a septic lank system can support that facility, and it not, it would not be allowed at that location. It would have to hook up to our sewage lines. It would kill a project right there, I Ms. Apple. Because there is not sewage line available there? - Mr. Reed. Coned-at that point. i Chairperson Wertz. Commissioner Engelbrecht, did you have any questions For the petitioner? i Mr. Engelbrechl. I just had one question as to whether you had-have you talked to Engineering of all about the drainage requirements that will be necessary for development of this piece of property? I was Just curious. Mr. Erickson No, we have just taken note of everything that has happened out there. We have met with the neighbors, and we pretty much know what is going on out there and we are at the toning stage right now, Mr. Engelbiecht. I understand, thank you Chairperson Schertz I believe that is all, thank you again Mr. Erickson Thank you Chairperson Scherir. With that, I am going to dose the public hearing and ask C&I'l for Its final remarks Mr Reed In di staff recommends approval with the conditions suggested in the slats report, Chairperson Schertz Are there any questions of staff? Thank you, sir, appreciate H 1 appreciate your bms In going back and working with everybody, too At this time, I would either entertain a motion or if Commissioners would su w desire any further discussion Commissioner Apple • Ms Apple I am sort of having the same problem with this that we did with the other one I am not really opposed to what he is going to do if, in fact, he Is even able to do 8 with all of the things that are going to come upon him In i process But I would maybe like for us to take a look at the commercial uses allowed like we did in the last ca; e if we are going to do this, because i know that there were some things that the residents et their neighborhood meeting mentioned That had not been marked by staff, I would have to say 1 concurred with them In looking at the list, and I would just like to see Owe could, if we do go forward with this-take a look at those before just blankelly approving this ' O Chairperson Schertz. I think that could be accomplished. For clarification purposes, do I understand that the ones that have the line drawn out everybody has agreed ere not going to be there? The oneii with the arrows ere the O ones that the ho s eowneis out there would prefer 8 not be out there, but the applicant has not necessarily marked Them oul. So, what Commissioner Apple Is asking is for us to review the orrowed ones to seed we agree? 59. T►r~ ICJ I orb r 32x 0 r 0 • 1 ~ i I i i Planning and Zoning Commission Minutes April 0, 1998 Page 50 of 87 f Ms, Apple: And actually I had about 10 additional ones that I was concerned atoul that I do not know if anybody 1 addressed. Again, I think it may be because some of these things are so farfelchcd that you don't think they will ever be there, but you have to think in the future. , Chairperson SchertL All right. Can t see a show of-or nods so we can proceed with this. We have three pages; I would like to do this and just get it over with and go through A if that is the desire of the Commissioners. If A is, court I ask the petitioner to come down, please. And my goat here is to try to get [his done as quickly as possible. So, we ere going to let Commissioner Apple start with her list and what we are going to do, if you followed me, is going to review where the arrows ere and then she Is going to add a few of hen, And when she Is through with her list, if anyone else has seen something that they would like [o bring up then that's what we will do, The reason that I have called you to the podium is so that if we address one Nat you have a problem with and that you would like to see stay... Mr, Erickson, Okay. Would A be all right d my business partner comes up during this process? Chairperson Schantz. I would appreciate it. Anyone that you would like. Mr. Reed, could we get a list on the camera please. I think A's a good idea to get one on the camera, too, if we can. Ms. Apple. So that we could move slung a little qu' cker, are y'sIl familiar with the ones that the neighborhood had a question about and put an arrow by? Mr Erickson Yes, Mr Reed. They have a list in front of them. Ms. Apple Are any of those an Issue-that you all would like to keep just so we can... Mr. Roberts. I think that they are all okay-except on page 12, they have marked off almost all retail service-type uses Ms. Apple What they marked off was off-premise sale of beer and wine and on-premise sale of beer end wine, licensed private club, pawn shop, restaurant-those I am totally In agreement with. The retail stores-you ebvlously, with the size of your building, would only qualify for the 4,000 square feet or less. So, the over 4,000 square feet would not be an issue. The others-which ones In partiwlar? Mr. Roberts Office, professional, end administrative-the first one , Ms. Apple Okay. Chairperson Sch" 1 agree. Mr. Erickson The reslaurant-1 don't want to see that be checked off totally. S Chairperson Schertz, Are there any o[hers7 While we are thinking, I do not think we need to debate; I am just asking you if there are any arrowed r ies that you would prefer to leave on. Mr. Erickson. I (pink that that is just about il. Those are the only ones. Ms Apple Okay Jusl the offices and the reslaurant7 Chairperson Schertz, And the retail for 4,000 square feet or less Mr. Erickson. Right. That's correct. Ms. Apple And the others you arm In agreement with, and the line through than the staff had done-you are In agreement w'rth7 60. Ae• a ~ , 4M r~ 32X10 o 0 I Planning and Zoning Commission Minutes April 8, 1998 Page 51 of 87 Mr. Erickson. All tht lines we're in agreement with. Chairperson Schertz. All right, sir. Commissioner Appie, what else? Ms, Apple. Again, this is unlikely, but a sewage pumping station--can you live without that? Page 10, under utilities-are you okay with that? Mr. Erickson: Marking that off? That is fine. Ms. Apple: On page 11, under automotive uses-aulo laundry, auto painting and body repair, auto sates and repair, service station, seat cover and muffler shop and used auto parts sales, Have a problem with any of tfose? Mr. Erickson: The only one t want to see cR is gasoline station. f do not want to see that be restricted. Ms. Apple, Okay. Mr. Erickson All the others can be marked off. Ms Apple: Okay, then on page 12-an animal cfinie with outside runs or pens, a cabinet end upholstery shop, cleaning end dyeing plant, cleaning plant or bags or carpets, paint shop and trailer rentals or sales? Mr. Erckson The only one that I can see to keep Is a possible cabinet and upholstery shop Ms, Apple, Oyay, Mr. Erickson The other ones would be okay to mark off. Ms. Apple And if I can, I will just go ahead and comment on what we just went over. Just my opinion is-I would not be In favor of a cabinet and upholstery shop; I know how noisy a cabinet shop can be. And the restaurant and the service station I would not be in favor of Ms Gourdie I would agree on the gas station and the cabinet shop, but I have no qualms about a restaurant beirg--a little restaurant, a little mom and p, c reslaurant, but I agree up 10 the restaurant. Chairperson Scheriz, I am going to agree on the cabinet shop. My background Is I am very familiar with cabinet shops and I do not know loo many small ones. Mr Erickson: That Is true. Chairperson Schertz Just the ones-il you want an upholstery shop, I do not see any problems with thal. It Is the cabinet one that I think... Mr. Erickson I will agree with that , Chai terson Schertz that the rest of us are having a problem with. So, 0 you are okay with leaving the upholsleryI think we would be okay, if you would agree to eliminate the cabinet, Mr. Erickson. I do not look to have a cabinet shop in there anyway. I just hate to be so restricted. Chairperson Schertz I know; I understand. Mr. Erickson Because I know everyone would like to go through and cross an these off. • y Chairperson Schertz, That is why we are trying to reach this happy medium. I agree with Commissloner Gourdie on 1 the restaurant I understand their position on a gas pump; and I guess, 1 would agree I wouldnot want ether, but my feeling again is Kin coming And they.., It Is coming and Owe efiminste If for them, Nis not going to be fair to give h r •a, o ' to someors else. i ' 61. . } LN 32x10 S a+rasvraea I z~zsstvsrs Planning and Zoning Commission Minutes April 8, 1998 Page 52 of 87 Mr. Erickson: I just do not want ft crossed off because 11 is on the highway. li Chairperson Schedz, And someone else is going to get it if that stuff breaks too se. Mc Engelbrecht. I would hke to make a comment I Chairperson Scheriz: Sure Mr. Engelbrechl. What a gas pump really means these days is a convenience store with service station. I will guarantee you if it Is not on this corner, it is going to be right across the street. It is going to b9 there, folks, Ms, Apple That is okay; but I am not going to do it here, Mr. Engelbrecht. Or it will be right along there, it will be there soon-very soon. Ms Apple. I Just m+.an that that Is the decision that we have to make, and we cum only do them one Issue at a time I Mr, Engelbrecht I do not 'kink that that rule is going to survive. That Is why I wanted to point that out to you Ms. Apple. I agree wholeheartedly with you, but In my vision as a Commissioner. I can only chip away at these things ono presentation at a time. And this is what is in front of me. I am not dealing with all the others; I em looll at this one, Just like we did with the test one so I cannot-if I were going to say that, we might as well say to heck with all of this stuff, it Is all coming, let's just let it all rip. So all I can do is just look at this one and say, In this particular instance because of these people and because of the fumes and the type of traffic, because I am thinkir g convenience store, loo-just personally in this particular Instance, the next one I may feel the same way about, Bull can only do them one at a time. Chairperson Schertz, Thank you Commissioner Gari do you have any input? Commissioner Morene7 Mr, Moreno Yes. Chairperson ScherU I do not mean to put you on the spot 1 Mr, Moreno I Concur with Commissioner Goodie and Commissioner Apple to a point. But I am wondering Owe are micro-man?sing this thing to death. We are going to make things so restrictive that the property owner is going to have to look ate III before he doodes what to do In the morning. I do not mind taking a few Things off, but I think ws are overdoing it. I think we are dangerously close to setting a precedent for-In doing this type of thing-for every petition shat comes before us in the future, And that is just my comment i Chairperson Scheriz. Thank you. Commissioner Powell. li I Mr. Powell, It has almost gotten to the point where there is no such thing as zoning. Mail am saying, thel is not such thing as straight zoning Every time we gel a stroight zoning case, somebody wants to put conditions on It. . Weft, why have ri-Just set individually with its own conditions. Why call anything commercial, light industrial or residential or anything else. Just decide piece by piece what you are gong to do with it-its own Conditions- because we do not get anything anymore that we do not put conditions on. I will hush after that. f Cha' person Schertz Commissioner Gourdie, do you have any final remerks7 Mr. Gourds I will withhold them. d Chairperson Schanz. We have a couple of things out on the table right now and I think we need to just meet with staff if you will just take a seat up front because we went to reserve the right to call you up again, I bet, Both you to 0 guys, what I see happening up here-help me out. I can see that if we vote In favor of this with certain coM%ions, and N certain mombers of the Commission are not happy with the conditions, they cou'J vote against Il. They sirs not voting against the shop, they are voting against the restrictions Net we are talking afoul. So help me work through this. Tel! me what io do Or the attorney, do we lake two voles? Do we vole on the , 62. ~5 K ~1 32x ' s o Planning and Zoning Commission Minutes April B, 1999 Page 59 of 67 I Mr. Donaldson: Yes, I think a series of votes,... Chairperson Schertz: If we can do that, then that is what I would like to do. But I never know what we can and cannoldo, Mr. Martin The thing is that someone Is going to have to put is motion as to what [hey want end then that Is going to have to be voted on. Depending on who makes a motion and what they want, someone t, ; a plan for Nis particular plan whether to approve It as the staff has recommended and H can be voted on. If someone i.es a motion that they would like to lake the recommendations of the staff minus certain things on the list, as that motion, v t could be voted on. Or if you would like to take a vote, and say, we all agree that we want to ,Strict the list, let's vote on the list and then add A on to the staff recommendations. So there is no particular plan. 1s ju•t that whatever is going to be voted on needs to be put In the form of a motion whah it is clear as to what--someone rAs on idea what they wan[ to be passed or not to be passed end such. Then that has to be voted on. Chairperson Schantz. All right, could we do a notion this way where we say we are going to move approval or denial of this case and vote se, arately on the restrictions and [hen just stop right there and then take another vote on the restrictions? Mr, Martin No, you are not going to be able to do that. The item on the agenda is for the rezoning. Now, if you all are going to rezone, you all can put the conditions on that-whatever these conditions are. Chairperson Schertz: What if we do riot agree with the conditions? Mr, Marlin The thing is line conditions can be worked on, If they are not agreed on, It is just like if no one agrees on the.... Chairperson Schertz, So this guy does not get to build his plant just cause we cannot agree with conditions? Mr, Martin. It is a straight up and dawn vote on whatever the thing is. So, there is going to have to be either a straight up and down vote on whatever the zoning is noing to be-conditions cannot be added on it a later. Mr, Donaldson And it might be a series of motions until we find the gel of conditions that you can get a majority vote on. Chairperson Schertz, Okay, I can do that one, Okay, we will start with that, Does everybody undeniand-I would like to, it we are ready. Commissioner Engetbrechl, do you have anymore comments? Mr. Engelbrecht. t put it on a white ago, and I forgot what it was. Chairperson 9chertz I am sorry kh, Engelbrecht No, that is okay, I do remember, but I would like to withhold R till we have taken the vote on this case And then I would like to respond to Mr, Powell i Chairperson Scharr I won't forget. What I hear we are going 'o do Is a Commissioner is going to make a motion t ! with the restrictiors that they would like to see happen If there Is a second, we will take a vote on It. If we gel e majority with those conditions, then we are going to stop and that Is it. If we do not gel a majority, then we are going to move to the next vote, and a Commissioner will make another motion with a different s_: of restrictions and see if we can gel a majority. That is what I hear that I am being told a Mr. Powell I would like to ask Mr. Reed a qua,,tion, and Ran I have a motklrt. i Chairperson Schanz, Yes, sir. t Mr. Powell. Mr. Reed, where did this two-family zoning come from? Is It old zoning Have you any Ides where N came from? i 63. I {rye , _ JJ~~++,,ii rycc q n ruaosrrte o Planning and Zoning Commission Minutes April 8, 1998 Page 54 of 87 Mc Reed. Two-family? Mr. Powell: Or am I looking at the wrong one? Mr. Reed, Are you looking at Item 137 Mr. Powell, I have gotten so sleepy that I am looking at the wrong one? i Mr. Reed. Yes, sir. You are misplaced there, sir. That should be Item 13. Mr, Powell: What is the exact zoning? Mr. Reed: The current zoning? t Mr. Powell: Yes. Mr, Reed Is Ag. Ms. Apple: Agricultural Mr. Powell. What item are we on here?+ I Mr, Reed Item 12 Chairperson Scheez. Il is riot that easy, is ii, Bob? i I Mr, Reed Thal was amazing Chairperson Schertz It Just is nolthat easy Mr Powell Okay, we are in Ag zoring, and they are asking for commercial. Everything around N Is res dential7 Mr. Reed Currently, yes, sir. And everything to the east Is in the ETJ, to N is not zoned The land uses are predominately residential, so the only zoning In this area is Ag and N is o strip that runs parallel to 377. Mr. Powell. All right, just to clear the air, I am going to move that we deny approval of zoning case Z•98.002, , subject-or I Just move that we deny it. Is there, a second for NO I mean that would clear that air, j Ms Apple I will second Thal. Chairperson Scheriz Commissioner Gourdie Ms. Gourdie. I think that this is not the answer to the problem to just say 'I am sorry, i sir, but we cannot make our , • minds up, so, Therefore, we are not going to let you have N.' Mr. Powell. Well, that is not why I am doing that. If I may? Ms Gourdie Yes, you may. Mr. Powell, That is not really why t am doing that. Everything out there is either Ag or Residential use, If 1 s; 1 understand it properly. And these people want to put Commercial right in the middle of ft, N I understand N property. r O And it that were in the city-in the city proper-it Is In the city limits. I understand--H 4 were In other parts of the city, we would be up in arms over that. 0 jV Ms. Gourdie: I do not agree. Chairperson Schertz: Commissioner Powell, I do not either. 64. SA tit d rk ~l a. ZZIA awn 10 L32X0 ' I I i , 9nandem i r Planning and Zoning Commission Minutes April 8, 1998 Page 55 of 87 Mr. Reed. If I could point out once again, what I tried to demonstrate earlier is that the majority of the lend area within the city limits is defined as low intensity area by the Denton Development Plan. Now I demonstrated earlier by showing you some photographs of some nonresidential nodes located within those low intensity areas and Ihess three photographs that I showed are as you called It Denton proper This Is at Windsor, so It has happened In many other locations. } Ms. Apple But we are looking, Wayne-unfortunately, one of the things that you showed us Is an abandoned i grocery store. Mr. Reed. That Is Irue, I might say that N Is a well-landscaped, abandoned grocery store--that currently there is a purchase for that property, to it might be real. Mr. Powell I do not think that I have dt votes for this, but I there is a vole and a second. So, I am going to call for a vote. Chairperson Schertz Thank you. Any discussion? Would everyone please cast their votes, Voting to complete, and I will display the results. This motion tails. (5 - 2) Mr Powell- So, we are not going to deny the zoningi we understand that. So, what is the next step here to get this process going before I fall fast asleep here, , Mr. Apple, I would Tike to make a motion, if that is an right? Chairperson Schertz, Sure Go ahead, Ms, Apple: I would like to move to recommend approval of zoning use Z-98-D02 subject to the conditions recommended by staff and also subject to the list of exclusions that we discussed earlier from the Commercial list to include the three that petitioner did not particularly weal, i.o , the, I will take away the restaurant-but my motion would Include the cabinet shop, and the service station. Mr. Powell'. And In the Interest of u. rifying that, there were some that had a line through 11 and you are excluding those also from the list? ` Ms Apple Yes-the 'inr that the ulaff put through Inil',ally, the arrow hems that were put before the petitioner at the neighborhood meeting, and the Itemized list that we went over tonight Mr. Powell. And which ones are you adding other than the ones that are lined? Mr.Reed Commissioner Apple? d Chairperson Scheriz, We did not add alt the arrow ones. 4 4 u ` Mr. Reed If you could just go from page 10 to 12 to clarify that very quickly and then make your motion, I think that , d * might work best Ms. Apple. Ldir rally list? i Mr Reed. Lilo, you did before, ; w Ms. Apple. Each one? Mr Reed That you are adding. i Ms, Apple Okay, ; JV ' . s Mr. Reed. To the staffs.... J t 65, ~ .'.r ~ ~ • 1Pr414,'iP I ~ r „ r~ r r: 32X 0 ~1~ l o S ' I; Planning and Zoning Commission Minutes April 9, 1998 Page 56 of 67 Mr. Powell: That she Is excluding? Mr, Reed That she is excluding in addition to what staff has already prolribiled Ms. Apple. Okay, do you also need me to list the ones [hat the neighbors Mc Reed All the ones that you are adding to staff s recommendation, j I Ms, Apple, All right. Chairperson Scheriz: The office one needs to stay on there and N has got an arrow. Ms. Apple: Group homes-half-way house, home for care of alcoholic-narcotic or psychiatric patients; electrical substation; radio or television microwave tower, sewage pumping station, dance hall or night club; auto laundry; auto painting and body repair; auto sales and repair; gasoline service station; seat cover find muffler installation shop; on premise sale of beer and wtne; on premise sale of beer and wine; licensed private club; pawn shop; retail stores over 4,000 square feet; loot or [railer rental; animal clinlcthospital or clinic with outside runs or pens; cabinet shop--not to exclude an uphotstery shop; cleaning and dyeing plant; cleaning plant bags or carpets; contractors s!wp and storage yard; engine and motor repair, laundry plant; paint shop; trailer rentals or sales; scientific or rss-iiarch la5oratorles. Chairperson Schertz: Commissioners, Commissioner Apple Is asking Is, did she leave anything out, she is just asking for any assistance. Does anyone,..? Unident-11 ed person In audience: (inaudfble) Ms. Gander. 11 was already marked out. Chairperson Scheriz It was already marked out, ma'am, Ms. Ganger: These are just additions, Ms. Apple. By staff, yes, ma'am, Chairperson Schertz: Thank you his Gourdie. Second Chairperson Schertz. Walk I am sorry , Ms. Apple. I did include gasoline service slations under the auto? p, Chairperson Schertz. Yes. There is a motion and there Is a second And the applicant would like to soy something. Do the Commissioners Mr. En9 ocht Could I first ask-Ms. Apple made the motion, you made a recommendation toepProvill that i with the staff recommendations with the modification to number one Ms Apple. Including, yes, i Chairperson Scheru, A motion and a second and t need a nod from the Commissioners 0 we want the applicant to speak? r • Mr Powell. Yes J Ms Apple. I am sorry, can I add one thing to my motion that I thought was In here, but I noticed that N Is not. OM of the recommendations fiom staff would like to also add about the fighting. That we had in a previous one, exterior lighting as for as not to..., 66, ' t ~ 10 i daMaR'aw , i Planning and Zoning Commission Minutes April 6, 1998 j Page 57 of 67 1 Mr. Reed: To limit lighting from flowing onto adjacent residential properties? Ms. Apple: And Into the night sky. Ms, Gourdiw Pointed downward. Mr, Reed Okay. Ms. Apple: The same wording that was in the.... Chairperson Schertz: Yes, sir Mr. Erickson. I have just a couple of questions here. Under contractor shop and storage yard, I would like to see the storage yard removed Rom that but the contractor shop to remain open. - Chairperson Schertz, What page are you on, sir? Mr Erickson: Page 42. Chairperson Schertz Under_ Mr Erickson: Under commercial type uses. Chairperson Schertz. I see a question mark by that. Staff has marked that out, and you ere eking us again to do what? Mr. Erickson. I em just asking to take the Norage yard part off, but leave the contractor shop open. Chairperson Scholz So you are saying (nal you are all right to not allow a storage yard ...7 Mr. Erickson. Right. 1 Chairperson Scholz. But what you would like to see.,., { i Mr. Erickson. I do not want to have the storage yard, I do not want it to be a junky-looking facility either. J Chairperson Schertz. But a contractor shop,.. 1 Mr. Erickson: But a contractor shop, because there Is a lot of people In my business that would benefit from an office building like that in different areas, Ms Apple. Wayne, could you elaborate for us on what a contractor shop entails? Mr. Reed. Actually, I would like an elaboration on that myself. ' Chairperson Scheriz. Well. I will share. It is like Devld Hoenig. It Is like where you buy pfurr ing or where you buy electrical or where-help me here 1 Mr. Erickson: An air condition guy-tha: everything would be contained M his shop. s Ms. Apple Shop as opposed to an office or are you stying they are the same? Mr. Erickson: A lot of them have their office in the front, and Ali place where They lust k: ep their stuff. They go out and work on new homes mainly. There are a M of guys that ere in the same business this I am In that they just go there every day and de all the paperwork-they bad up and they head but and they are gone all day. It Is not a retail. You nay',sve one person a week stop by at these places because they are doing their business out on th job, 61, _ r 25 x ~ 32 X I O r ~ ,maw r . ~L r f ,1 r Planning and Zoning Commission Minutes April 8, 1996 Page 58 of 67 Chairperson Schertr And my response to that, Mr. Reed, Is !hat we would still have an opportunity, I am thinking, to limit so that there is not a lot of their equipment exposed and all of that other kind of stuff. So, we would have a chance to make sure that Is taken care of, Mr. Reed: You can include that in the recommendation; however, staffs recommendation-1 do not know 0 this Is ' addressing any of your conl,ern. Is that any outside storage, which we are not saying a storage yard, but aitside f storage has to be obscured from sight with a sight-obscuring screen-which entails fence with some type of material that would not anew you to see what Is there. is that addressing what you are discussing? Chairperson Schertz. Kind of. Mr. Reed: Kind of, okay. Chairperson Scherlit I mean, it did me, but I just wanted to make sure that the applicant-what I am trying to do Is ! what we did to you, Is I Just do not want anything, 0 you have a bunch of glass laying out that has got to be.... Mr. Erickson I do not have anything. Everything that I have Is an enclosed. A lot of people that are In the some business have shops that they go to and they have in office In the front and they load up everything and they are gone all day They are doing all their workout on the job. I just did not want to have tnat removed. Also, one other thing that I noticed that a couple of things did not even have an arrow by them or crossed off by Wayne. I was wondering Willits those were coming from that were crossed off? Ms. Apple: Those were the ones that we discussed earlier when we went down our list of additions. Wayne, one quick quesllon.. . Mr, Erkkson. And I have Ms. Apple That is okays go ahead Mr. Enckson I have one more question. There will never be a gas station or anything there unless the sewer is run vp there. I feel like I am kind of being robbed of just so much restrictions here; I mean this like itemized. It almost suems that it !s an abundance If there is not sewer up Mere, there will never be a gas station anyway. So, if people 8:0 thinking that there is not going to be a sewer, and [here might not be a sewer there for 20 years. there is oartainly tic t going to be a gas station 'cause that will never happen on septic system. Before you vote on It. I really think that l would be unfair to knock ! off. I have no plans to build a gas station. It Is just that I hate to have to n',any resiri:dons put on us. That is the only one or two Oat we are like this on. Chairperson ScherU So, you would fike [o leave In conlraclor shop and you would like to leave In gas station? + Mr. Erlckscn: Correct. + Chairperson Schertt That is my understanding? j Mr.Ericksan Right. t Chairperson Schertz And those are your only changes to the list that has been presented [hat you would like to request) v f , Mr Erickson Rig6t Ms. Appre: Wayne, could I ask why s1af1 tined through entracor shop and storage yard? E r I Mr. Reed: Poll the aforeDa Yero, that could enters several different things which would be unsIghtly, which IN f~ residents have reinforced as something that they do not vrant there. That Is primariy why. Ms Apple: So staff does not have a problem with contractor shop? y , s o Planning and Zoning Commission Minutes ! April 8, 1998 j Page 59 of 67 E Mr Reed No, if it is contained wholly in the building. It would make no difference as to a retail location or an office that Is there, as far as what you see from the outside. Mr Erickson: Thal is one thing at the neighborhood meeting that they did not want to see-a bunch of junk sitting around. ChairpersonScheriz. Thank you. Mr. Erickson Thank you, Chairperson Schertz. Again, I just want to keep ft moving, but I just do not want to leave anybody behind, We have a motion, we have second We went through everything, and do I hear a consensus that we can leave contractor shops in our list? With a nod Mr Engelbrecht I thick that if we do not, the applicant does not gel his own use, I believe he Is going to have a contractor shop; I believe that Is what he las Chairperson Schertz: That Is an awfully good point. Commissioner Moreno. Mr Moreno. Thank you, Madam Chair. I am not sure that I em doing the right thir g here tonight, but I am going to vote against the motion. And the primary reason that I am gong to vote against the nation as H is stated is that we have taken it upon ourselvcs to exclude a number of items that the neighbor did not ask to be excluded. I just do not feel good about that. So, I em going to vole against the motion as stated. Mr. Powell: Madam Chairman, I would like to amend the motion. Chairperson Schertz. Yes, sir. Mr. Powell To put gas station back in as an approves use Cha' ;oerscn Schertz. All right i Mr Ergebrechl And contractor shop, too, if we are going to do Of 1 M,. r'oi,vell The contractor shop was in as far as I was concerned; but yes, contractor shop and gas station to clear the w. I Chairperson Schertz I have an amendment to the motion. Do I hear a second? Mr. Engettrecht. Second, Chairperson Schertz. There is the second. And Commissioner Gourdie would like to comment ' Ms Gourdie 1 would just like to thank Commissioner Moreno; these people also marked off offices, professional and administrative. This is not about what the neighborhood wants; it is what the neighborhood does not wane to see in their neighborhood 'hey are doing whatever is possible to not have a commercial building So I kind of have a problem with that being-.hat we are taking advantage of the ailustion when they are seriously taking advantage of the siluation when they r,quesled that no offces be built there, There Is a motion or The board, let's vote on the amendment, lei's gel IN,. moving It's getting out of control. Thank you r Chairperson Scheriz We have a motion and a second, and I will put us In the voting made--an amended motion, thank you The first vote that we are gong to take is ws are going to vote to amend the motion, If you would please cast your vote. • Ms Apple. Do we have to lump gas station and contractor shop together? Chairperson Schertz All we are doing right now is voting to amend 4. 69. ~,r 25 x U 3 Ia • p i I t Planning and Zoning Commission Minutes April 8, 1998 Page 60 of 67 Mr. Powell. To put contractor shop and gas station back In the approved list-that Is what the motion Is. Chairperson ScIri Voting Is complete; I will display the vote. And k passes 6-1. (6. 1) Chairperson Schertz: Is there anything else that we need to vote on? That was it. Thal is what t understood. Now we are voting on the amended motion a d that Is voting to do what Commissioner Powell trade and that is to include the contractor shop and gas station? Mr. Powell: No, we voted on that before That Is what we just did Chairperson Scholz: No. Mr. Powell, That was the amendment; right. I Ms. Apple, That was voted on. Chairperson Schantz I am sorry, y'all ere saying one thing, end he Is telling me something Ilse. Mr. Powell. I said I wanted to amend the motion and that Is what we just voted on. And my amendment was to reinstall gas station and contractor shop into the approved list, And we just voted on the art indmenL Chairperson Schertz And now, can you clarify what you think we shouts vote nez17 Mr. Martin. The motion that is on the table now is the one Commissioner Apple made was to approve the zoning with the recommendations of the staff with the changes in the list that she slated, which now include the gas station and the contractor shop. Mr. Reed. And additionally, Iti lighting on the properly shall be designed and maintained to as not to thine on or otherwise disturb surrounding resider :tat property or shine and project upwards to prevent the diffusion Into the night sky. Mr. Martin, Yes, Commissioner Apple added that into her motion also. Mr. Engelbrecht. That is right; that is the motion. Chairperson Schertz. Is that not what we just Mr, Powell. Now we are voting on the main motion. Chairperson Sohertz We are Mr, Engelbrecht We voting? • Chairperson Scheriz Well, I am not a re, because I think I am not clear. I guess that t em the only one here i Ms. Ganzer, Well, I'm not sure I em either. Chairperson Schertz, Okay, Commissioner Engelbrechl, go any.... Mr. Engelbrecht We are voting on the motion. Chairperson Schertz The motion to Mr. Engelbrecht. To approve the recommendation Chairperson Schanz. To include gas station, contractor and righting, because M was amended. An right. Thal sounds fine if everyone would cgs[ their votes and everyone has but,... 70. ~ 25 k 10 32x,❑ ~m%ALENIA a%& aaillllll~il~~NRLAORALa`!-R& OR i Q Planning and Zoning Commission Minutes April 8, 1998 Page 81 of ? 7 Mr Powell: We have already cast ours. . Chairperson Schertz: Well, that Is because you all are faster down there. You all just faster. We have got that done; voting Is cumplete, and I will display the results, Mr. Powell, 1h'.iw. Mr Moreno, We are all asleep. Mr. Powell' We are all absent, j' Chairperson Schertz' Who did that? Ms. Holley: You did, you hit the dart voting a secwnd time, and R marked! everyone absent. Chairperson So lz', Well, you didn't have to announc+ R to everybody, Mr. Engelbrecht'. You know, anytime we go past 11'.00 p. m., V4 thing quits. It has done it at every meeting. Chairperson Schertz: All right; H will be okay. We ere going to-Just a second-d everyone would please cas( their votes again, Mr. Powell: here we go. Watch me do R. And really, I am here-I em not absent, Chairperson Schertz'. No, I did that. Okay: voting Is complete, and I will display the results, It passes 8.1 1. 1) Chairperson Scherez. And that concludes hall me item. Mr. Power( If I might commenl b Mr Roberts and Mr. EricMsun-t really was not trying to deny you this zoning. It may have looked that way back when i made a motion to deny it. I was trying to get the air cleared and get the floor moving Mr Engelbrecht Madam Chair, if I could, I would like to comment on Mr Powell's earlier? Chairperson ScherU Yes, sir. Mr. Engelbrechl With regard to straight zoning, It does not seem that we have any, My number of years on here, do not think there is such a thing I honestly do not. Mr. Powell. t understand. Mr. Engelbecht. And every piece or land is different. There are different uses surrounding R, R Is on different lopography it has different traffic patterns. The app Ants have different wants and needs. And you have to bring • an of those things together, hopefully-al least what I have always been please with-Is the fad that there has always been an ellempt by the citizens of this rnmmunily to try and bring art parties together. And that usually requires that everyone of them are different and requires a to more time by staff, by us, by everyone else; but I really think That we come away-hopefully, most folks-e little trots salisfled, other than Mr. Powell. Mr. Powell. What you are realty trying to do Is gel me together with the concept that mere Is no such thing as r, straight zoning • 0 Chairperson Schertz', At this time, we would normally take d break, but 0 we could keep moving? Mr. Shelton. to Mr Shelton. I will Iry to be brief. Chairperson Sa,eriz Well, we have had sort of a practice run-through white you were gone, 'V we arse.... 3 ll. r x10 32X1 A== mm 7t 55, M= m ERA R%& M-%&xqA1JW9ALNB imam i smsroa 'i O I `1.C14TiR I ATTACHMENT 5 "C" COMMERCIAL DISTRICT PERMITTED USES Commission Permitted Uses 4Marchll, P d Z Comparison of Nlowable Permitted Uses for Z-98-002 Apfil 8, 1998 One Family Dwalli Restricted Community Unit Development Dormitory, Boarding or Rooming House Hotel or Motel Art Gallery or Museum Cemetery or Mausoleum Church or Recto College or University or Private SG?ool Community Center Public Da Cam Da Nurse or Kindergarten School Group Homes Halfway House Home for Care of Alcoholic, Narcotic or Psychiatric Patients Hospital General Acute Care) Hospital Chronic Care Institutions of Reti ious or Philanthropic Nature Public Libra Monastery or Convent Nursing Home or Residence Home for Aged Occasional Sales Park, Playground or Public Community Center School, Private Prima or Seconds School, Public or Denominational School, Business or Trade I11' Accessory Build ng Co.^mun ty Center (Private) ElectC atSubstation _ Eleu cal Transmission Line Temporary Field or Construction Office (Subject to Approval and Control by Luilding Inspector) _ Fire Station or Similar Public Safe Building Gas Transmission Line end Metering Station Home Occu at)on ON Street Parkin Incidental to Main Use Off Street Remote Parkin Public Building, Shop, Yard of Local, State or Federal Govt. Radio and/or Television Microwave Tower . Sewage Pumping Station Private Swimming Pool ~ Q Q Telephone, Business Office Telephone Line and Exchange Switching or Relay Station Water Reservoir "later Pum i Stanor Well Water rea men , an 7; , Permitted Uses, Pape 1 of 4 o _ i "C" COMMERCIAL DISTRICT PERMITTED USES Staff P 6 2 Recommended Commission Permitted Uses Permitted Uses ComparienA of Allowable Permitted Uses for 2-98-DO2 March 11, 1.98 April 8, 1998 y Arnuser,ent, Commercial Outdoor Amusement, Commercial Indoor Country Club Private with Golf Course Dance Hall or Night Club Fairground or Exhibition Area Public Golf Course Commercial Golf Course Public Park or Playground Public Play Field or Stadium Rodeo Grounds Roller or Ice Skating Rink Sexily Oriented Business Stable, Private Club _ Stable, Commercial Rental Stable, Boarding Swim or Tennis Club Theater Drive- In Theater, Other than Drive-in Tile Airport Lending Field or Heliport Bus Station or Terminal Mauling or Storage Company "Rotor Freight Terminal Passenger Station Track or Right-of-way ECommerclelli Freight Terminal Team Track ' rkin Lot I cial Parkin Lot Lot or Structure 4M_ Wffi~~ Auto Laundry ` Auto Painting and Body Repair Auto Sales and Repair In Buildin • Gasoline Service Station New Auto Parts Sales Stores New or Used Car Sales Lot In Open) Seat Cover and Muffler Installation Sho Tire Relreadin or Cb se Auto a s acs n w ng r? b I I s 73, Permitted Uses, Peon 2 of 4 s I~ lava" t ' "C" COMMERCIAL DISTRICT PERMITTED USES Stag F d Z 7IReerc ommend ed Commission mitted Uses Perm4'nd Usss Comparison of Allowable Permitted Uses forZ-98-002 ch 11, 1998 April 8, 1998 Anti ue Shop Bake or Confection Shop Retail _ Cafeteria Clean n and Pressirt Smell Shop and Picku Custom Personal Service Sho ,Drapery, Needlework or Weaving Shop Florist or Garden Shop Greenhouse or Plant Nurse Retail Handicraft Shop Household liance Service and Repair _ Laundry or Cleaning Self Service Mimeograph, Staliuriry or Letter Shop Mortuary or Funeret Jarlor Offices, Professiwal and Administrative Off Premise Sale of Beer and/or Wne On Premise Sale of Beer and/or Wine Licensed Private Club Pawn Shop Restaurant Retail Stores and Shops • 4,000 square feet or less Retail Storey and Shops • Over 4,000 square feet Studio for Photographer, Musician, Artist or Health Secondhand Store, Used Furniture or Rummage Sale Tool or Trailer Rental + Animal Clinic w Hos ilal no outside runs or ens l Animal Clinic, Hos ilal or Kennel with outside runs or ens { ?Lrm or Ranch Greenhouse or Plant Nurse Hatche, Poult MUM Bakery (Wholesale) Building Material Sales U holsle Shop Cabinet Shop Cleaning and Dyeing Plant Commercial Cleaning Plant, Bags or Car ets S ecial Equipment) _ Clothing Manufacture or Light Cum ournlin or Febrimion Contraclo•a Shop t Slorege Yore I:rgine and Motor Repairing 0 Feed Store O ! Heav Machlne r Sales les and Storage Job Printin or Newspaper Printing Laundry Plant (Commercial) Milk 0e ot, Dairy, or Ice Cream Plant Paint Shop um F, 1-9 o~p 7 Permitted Uses, Pale 3 014 ~r WN R I 32 x [J r ` 1 , 0 111 ~ V TO COMMERCIAL DISTRICT PERMITTED USES Staff P 6 2 Recommended Commission Permitted Uses Pemtltted Uses i mparison of Alloweble Permitted Uses for Z-98-VA March 11, 1998 Aprit S, 1998 Sclentific or Research Labor atc %s Storage and Sales of Furniture or Appliances (Outside a ! Building) Storage or Sales Warehouse Troller Rental or Sales Transfer, for a and Booms Terminat nsa a ice an amp a OOm t z i f J.Y i i ~'7 q 1. I ;a Y, Permitted Uses, Papa 4 of 4 75. ~ .1 r 32^,I n. AMA= A unmq~ ATTACHMENT 6 298 002 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL. (A) ZONING DISTRICT CLASSIFICATION TO COMMERCIAL CONDITIONED (C[c)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 3.491 ACRES OF LAND LOCATED ON THE NORTHEAST CORNER OF U.S. HIGHWAY 377 AND HAMILTON ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Lance Roberts has applied for a change In zoning for 3.491 acres of land from Agricultural (A) zoning district classification and use designation to Commercial (C) zoning district classification and use designation; and WHEREAS, on March 11, 1998, the Planning and Zoning Commission postponed consideration of the requested change In zoning until a neighborhood meeting was held to provide residents an opportunity to meet with the applicant; and WHEREAS, on March 31, 1998, a neighborhood meeting was held where at thirteen (13) residents and the applicant along with his business partner were present; and WHEREAS, on April 8, 1998, the Planning and Zoning Commission recommended approval of a change in zoning from Agricultural (A) zoning district classification and use designation to Commercial Conditioned (C[c]) zoning district classification and use designation; and WHEREAS, the City Council finds that the change In zoning wili be in compliance with the 1988 Denton Development Flan and the 1998 Denton Plan Policies; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Sect' . That the zoning district classification and use designation of the 3.491 acre tract of land described In the legal description attached hereto and Incorporated herein as Exhibit A, is %.hanged from Agricultural (A) zoning district classification and use designation • to Commercial Conditioned (C(c)) zoning district classification and use designation, under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: L That permitted land uses be restricted to those described In the list attached hereto and Incorporated herein by reference as Exhibit B, and limit land uses parmitted with a Specific Use Permit to those ordinarily • permitted within a Commercial (C) zoning district with an approved O • Specific Use Permit. 2. Floor-lo-Area is limited to .5-tot, translating into a maximum of 21,780 square feet of floor area per acre. 3. Exterior materials on all building facades facing public streets are restricted to masonry materials. 76. , - ? , Ia 32X ID w p w n WANM ..r r arr.s u,wlN W-Ga M,NtJt+aYnw4 iwrt 'r.w+.,....n ~ r (t 4. All exterior storage Is to be contained within a `sight obscuring" fence that Is a minimum of six (6) feet in height. 5• Lighting on the property shall be designed and maintained so as not to shine or,, or otherwise disturb surrounding residential property or to shine " and project upward to prevent the diffusion Into the night sky 6. A screen of a minimum of six (6) feet In height along the nowth and east property lines, facing residential areas, should be maintainer within a ten (10) foot wide setback. Section at. Tha' the City's official zoning map Is amended to show the change in zoning district caassification. i Section III. That any person violating any provision of this ordinance shall, upon j conviction, be fined a sum not 9xceeding $2,000.00. Each day that a provision of this ordinance Is violated shall constitute a aeparste and distinct offense. Section IV. That this ordinance shall become effective fourteen (14) days from the date of its passage. and the City Secretary Is hereby directed to cause the caption of this ordinance to be published twlcp, In the Denton Record-Chronicle, a daily newspaper published In the City of Denton, Texas, within ten (10) days of the date of its passage, PASSED AND APPROVED this the day of 1P96• JACK MILLER, MAYOR E ATTEST: JENNIFER WALTERS, CITY SECRETARY 1 BY: APPROVED AS TO LEGAL FORM:;,`, ; HERBERT L, PROUTY, CITY ATTORNEY ' l rl • i BY: 32 x I O a ' 0 MW Z•98-002 I EXHIBIT A I • FIELD NOTES 5.491 ACRES BEING all that certain lot, tract, or parcel of land situated In the James Severe Survey Abstract Number 1164, Denton County, Texas, being a part of that certain (called) 4.013 acre tract of land conveyed by deed from James H. Burge and wife, Jennie Belle Burge to Marvin F. Calvert, recorded In Volume 577, Page 439, Deed Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at an Iron rod found for comer In the east line of U.S. Highway Number 377, a public roadway, said point being the southwest corner of that certain tract of land conveyed by deed from C.B, Timmons to Paul S. Berry, recorded in Volume 866, Page 293, Deed Records, Denton County, Texas; THENCE S 89' 59'21" E, 494.91 feet with the south line of said Berry tract to a point for corner; THENCE S 27' 30' 33" W, 338.78 feet to a point for corner In the north line of Hamilton Drive, a public roadway; THENCE S 88' 28'46'W, 502.17 feet with said north line of said Hamilton Drive to an iron rod found for corner In said east line of said U.S. Highway Number 377; THENCE N 27° 31'26' E, 353.96 feet with said east line of said U.S. Highway Number 377 to the PLACE OF BEGINNING and containing 3.491 acres of land. i a ~K 7~, :1 meow" n 1 • I 1 ' wraaar EXHIBIT B 2-98-002 PERMITTED USES f Primary Relldentl>tl Jae f One Family Dwelling Restricted Community Unit Development Dormitory, Boarding or Rooming House Edllcellensl. tnatitutlawd and 8rnclal Uaaa Art Gallery or Museum Cemetery or Mausoleum Church or Rectory College or University or Private School Community Center (Public) Day Camp Day Nursery or Kindergalen School Institutions of Religious or Rdlanthropic Nature Public Library Monaslery or Convent Nursing Hume or Residence Home for Aged Occasional Sales Park, Playground or Public Community Center SOool, Private Primary or Secondary School, Public or Denominational School, Business or Trade Liillly.Asce~±tQgr-1adlttcldenLtLlliel Accessory Building Community Center (Private) Electrical Transmission Line Temporary Field or Construction Office (Subject to Approval and Control by Building Inspector) Ire Station or Similar Public Safety Building Gas Transmission Line and Metering Station f Home Occupation , OH Street Park4ng Incidental to Mein Use ON Street Remote Parking Public Building, Shop, Yard of Local, State or Federal Government Private Swimming Pool • Telephone, Business Office Telephone Line and Exchange Switching or Relay Station 0 + Water Reservoir, Wafer Pumping Station or Well ' Water Treatment Plant k" Page 1 of 3 79. . 1❑ ' 32 x1 0 :awake i EXHIBIT B Z-98.002 f PERMITTED USES Reer atio nal and Enter4lnment Use Amusement, Commercial (Indoor) Country Club (Private) with Golf Course Public Golf Course Commercial Golf Course Public Park or Playground Public Play Field or Stadium Roller or lee Skating Rink Stable, Private Club Stable, Commercial Rental Stable, Boaromg Swim or Tennis Club Theater, Other than Drive-In Type TMUM to Inn Re;. tod Use Airport Landing Field or Heloort Bus Station or Terminal Railroad Passenger Station Railroad Track or Right-of-way Railroad Team Track Commercial Parking Lot Commercial Parking Lot or Structure Automoblls Services Usti Gasoline Service Station New Auto Parts Sales Stores Tire Retreading or Capping Used Auto Paris Sales (In Building) i ' RsialLatl~ tianlcalYaaSlua i ' Antique Shop Sakory or Confectionery Shop (Relaiq j Cafeteria Cleaning and Pressing Small Shop and Pickup ' Custom Personal Service Shop . Drapery, Needlework or Weaving Shop Florist or Gordon Shop L Greenhouse or Plant Nursery (Retail) lr Handicraft Shop y Household Appliance Service and Repair Laundry or Cleaning Self Service Page 2 of 3 80. '4 10 32XIO i i ; . a t 14 r 1 , . VI~.b'K`.4.Y.WirvWnru~+M r. .n.....eA+yriMxY.~N'MY'M~4^1~1~M'IMIbw WOPJM.M4FnNTM✓.r r +...J. n. ~ + • rt , EXHIBIT B i 1 2.98-002 PERMITTED USES Retail and Service Type Uses (contuedt Mimeograph, Stationary of Letter Shop r Mortuary or Funeral Parlor Offices, Professional and Administrative Restaurant Retell Stores and Shope - 4,000 square feet or less ' Studio for Photographer, Musician, Artist or Health Secondhand Store, Used Furniture or Rummage Sale 4 4 j Agrirtt WALTyPA Usu Animal Clinic, Hospital or Kennel (no outside runs or pens) Farm or Ranch Greenhouse or Plant Nursery Commeretsl Tvoi, (life Bakery (Wholesale) Upholstery Shop j Clothing b'anufacture or Light Compounding or Febrication Contractors Shop I Job Printing or Newspaper Printing Milk Depot, Dairy, or Ice Cream Plant Plumbing Shop Wholesale Office and Sample Room I ~ 9 , I s ~ k a oA s ".e, i', 14 I rt Page 3 0(3 4 32 X n c r. w ATTACHMENT 7 Z-98.002 (U.S. HWY 377 & HAMILTON ROAD) ,r Single family homes ~ r I I I West grope ty line, Photo 1. View looking East across HWY 377 at Photo 2. View looking East down Hamilton j subject properly, Hamillon Road is to the right Road, There are single-family homes located to side the East and Southeast of the subject properly, 111 I I I Photo 3, View from the southeast cornier of the Photo 4. View from the southeast corner of the subject tact looking lowvds the single-family subject tract looking towards the single-family house located on the north side of Hamilton house located on the south side of Hamilton Road (see Photo 2) Road (see Photo 2). 7 17 +'al, ENlslm/structures to the norlh~ ILI, 1 CITY LIMITS RTJ O ~ ~ 0 Photo S. View looking North across subject Photo 8. View looking East from HWY 377 at proporrv from Hamilton Road A singledamily the single-family home located Io the north of dwelling peh side) and a commercial structure the subject properly (see Photo S). (right side) are located on the adjacent properly 82. r e o . f Z•98-002 (U.S. HWY 377 & HAMILTON ROAD) E Photo 7. Signs were posted on Monday, March 23, 1998, along the subject property Indicating both the zoning cnanots and the neighborhood meeting, Strong winds blew all of the signs down during the following week. Staff visited the site again on Tuesday, March 31, 1998, to repost the signs. A total of five signs were posted; three signs Indicating the zoning change (see Photo 7) and two signs indicating the date, time, and location Photo T. Zoning change sign. of the neighborhood meeting (see Photo 8). Kt] 6l r slim • Photo 0. V ;w looking Weat towards residential property located scruss HWY 377 from the subject property. The photo Illustrates how the elevated railroad track creates a barrier between the residentiat area and HWY 377. It also obstructs the view of the two-story house Photo 0. Neighborhood meeting sign. f ,i, nl4,,,..:,c„lea „l Prvf; vfr Piir„rq„ 83. ,,r Jv , 32x~Q ..1..i:: 6x.KLt v. t.....r ' .f.mrn:v•v N4 ~.•nwx1H:M14:.vwnlrrv~wnnysxRN.a. ~ .,.a... , 1 Z-9M02 (U.S. HWY 377 & HAMILTON ROAD) ' I ' I Photo 10. Nonresidential development In a Low- Photo 11. Nonresidential develop nail In a lrne'- InlensIy Area iocated at the Intersection of Intensity Ares located at the intersection of Windsor Road and North Locust Street. Hercules Lane and Stuart Road, 1 1 Photo 12. Nonresidential development In a Low- Intensity Ares located at the Intersection of / Rudell and University Ddve .4 i I ~ art, 1 N 1~', r r i P $ ; I r. t4+itr~li,nrirx~a,n/anmr/l44V /YI-rp77 Pbi6n l.9~.lui;; 84• ,qr iAa'~~ womm 3 10 w s I , AGENDA INFORMATION SHEET ',,enda Ilem___~q AGENDA DATE: May 12,1998 DEPARTMENT. Planning Department DCAI• Rick Svchla 349.7715lerL5 SUBJ~S.T - Development Plan, PD-20 (Z-98-014) (fold a public hearing and consider approval of a Development Plan, amending the approved concept plan, for Planned Development District Number 20 (PD-20). Tit: 136.365 acres of land is located along the southwest side of Interstate 35-E between Lillian Miller and Stale School Road. A multiple use development is proposed with Light Industrial, General Retail. Office, Multi-Famity, Single-Family and Recreation uses. (The Planning and Zoning Commission recommended approval, 5 -1) BACKGROVND The applicant has requested approval of a Development Plan, amending the approved concept plan for Planned Development District Twenty (PD-20), The proposed Development Plan adds a General Retail land use category to the PD and changes the acreage of all other proposed land uses by adding acreage to Office and Multi-Family uses and deducting acreage from Light t Industrial, Single-Family and Recreation uses. See P and Z staff report. The subject property was annexed into the City and zoned PD-20 with approved mixed uses in 1974. The property has access to Interstate 35E along a south-bound frontage road and proposes a corridor for a new collector street to provide a connection from Lillian Miller to Interstate 35E through the Wind River Subdivision and the proposed properly. The Development Plan proposes the reconfiguration of Unicom take for recreation uses as well as detention and retention of storm water. The applicant has met with city staff to discuss lake design and wetland construction methods and api lications, The proposed Development Plan conforms to the criteria for moderate activity (in the northern portion) and low intensity areas (in The southern portion) of the 1988 Denton Development Plan. ! The proposed Development Plan appears to be consistent with many of the policies in the recently adopted Policy Document of 1Ae Denton Plait. Generally, The proposed Development Plan appears to be ccnsisler.i with the following adopted policies; • 1) enables diversified economy and tax bjse; 2) enables housing balance; 3) enables regional detention orsiorm wrier, 4) enables multiple use of ltoodplmins for recreation, transportation and storm caster management; S) enables a system of streets, sidewalks, and bike paths to provide alternatives for motorists, pedestrians and bicyclists; 6) enables efficient use of land and infrastructure through in-rill development patterns; and • 7) enables mixed uses of land within close proximity of each other to reduce vehicle miles traveled. } A major point of discussion at the Planning and Zoning Commission was the reed to buffer the proposed light industrial uses front adjacent Single-Family uses at the northwest comer of the PD. Staff proposed the condition that a landscaped buffer lard with a lice-planting schedule be required adjacent to any residential development. The opl,licanl at the meeting proposed that a specified list of light industrial uses not be allowed within 100 feet of the adjacent single-family residential property. See applicant's letter, The applicant did not agree to etimmi le any allowed f IN hnrrnn'. r I P,p,~lr f l hbin l7)y)dw I. Arl 32', r ~ rJi rr..- - . arat<s7. 0 . .1 . , i,nu.-,. ,,....»..ra,., m...,:.. .1"A- -•nw,r,r~ur.+MlY.nan.rn SMrrt-!, r:wwy~.x6w. oe;.n. ~ Page Two Z-98-014 Light Industrial uses from the Light Industrial district of the PD. The staff condition and applicant's proposal were recommended for approval by the Commission. A second point of discussion was the density of units allowed within the multi-family district. 'rhe original concept plan, approved with the annexation in 1974 allowed a maximum density within a range from 20 to 22 units per acre. Staff offered the 20 unit per acre density as a condition of approval, while the applicant requested 22 units per acre. The Planning and Zoning recommendation to City Council includes a maximum density of 22 units per acre within the multi-family district of the planned development Significant public improvements resulting frcm development within PD-20 would be: ■ the extension of Wind River Lane, a collector road, from its intersection with Teasley Lane, through the Wind River subdivision, through PD-20 to 1-3513; and ■ the creation o£a public neighborhood park / lake / regional storm water detention facility at Unicom Lake. See Attachment 7. PRIOR ACTION / REVIEW (Council, Boards. Commissions The Planning and Zoning Commission recommended approval (5 - 2) of the Development Plan, amending an approved concern plan for PD-20 at its meeting on April 8, 1998. FISCAL INFORMATION New development will cnntribute more to property tax revenue than the currently vacant land. Development will also require local government services. Public improvem<.nis by the developer will be required to further improve this property. ATTACHMENTS L Location Map. 2. Site Map. 3. Planning and Zoning Commission Report, Z-98.014 4. Planning and Zoning Commission minutes from April 8, 1998. 5. Letter from Applicant regarding Light Industrial land uses. 6. Consistency with The Denton Plan. 7. Staff memo regarding Unicorn Lake 8, Draft ordinance. ?t Respectfully sub i 1 Hi11 l Director of Planning and Development Prepared by: jV r4! ~ r- ~ ~ , Mark Donaldson Assistant Ditector, Planning and Development 1 1(i l~,n am,m tf iu ~p „A(1 AN,na !'A da 2 x 4 ~ 32 X I O r I CV. ~elluE! I . J 1; f / I e \1 xserw , i. 1 ' r.~JI^.LJnN.nv.evM•r - ~....+.••w.aYL.b..1♦AIFYNLMY'}MMCY,~I,~N~1,w..M~w•w. ~ I. t • 1 { ATTAC::MENT 1 C Location Map t~ PD-20 F f v PD-20 OfnI(A Nib bun ' b ~ bcha. ail E ' i 4 I ~kd o- 1 ow, i C~uy' i 14!!u`•~~~3 2 X _ i IJ, I i k ENCLOSURE 2 I Site Map PD-20 /urWC(11'• ! r, 3L71`Kell All, gKR(4r I W3 *C01M Ojai bew 11 KItU tI y r. ~ lt~~'~r:?L3• 's.~•...r J~~t 10'R1ttR [,Stu[r•I M•3 54.13 AMS f Im.0 KRIU• i I i iti' 1 14 t<k ~I1 L ~r :1f S ,L RM, L1 LLT 4 ILh ICRII t i:•'- I t+.+s KRl1 I ~ Y .Ir 1 4 '.r L X11 j L lRnt RL k COefI010 ON 411. Iar[I wl' LII ' >M,Orullt IJ!((R IIR44 IKtR K70[IIIW ~I' aril PL 'K. • , MNRt 7OlIItuL Y711 L'4l It pllRwRO N}N r r ~ Ja+k ,R a , LOON hIINLH IRII r L hORIN CO ,L000RM d 1r4pCRRI[ >CIMir C[NIIIL 1. IS pON[lM /b 10UIN R t L04 sl#LN III 111[L 4 3~XIa, s , c , MIMI# ATTACHMENT 3 PLANNING AND ZONING COMMISSION STAFF REPORT Subject: Developm3nt Plan, PD-20 Case Number: Z-98-014 ' Amending an approved Concept Plan !L al Mark Donaldson pate: April 8, 1998 GENERAL INFORMATION ri0x Applicant Bob Shelton Entenrises 3505 Teasley Lane Denton, TX 76205 Owner: Denton Security Investments 706 Azalea Drive ` Lewisville, TX 75067 Action: Request to approve a Development Plan, ;amending an approved Concept Plan 'ar f Planned Development District Twenty - (PD-20). - YONITY MA Location: The subject property Is located along the frontage road southwest of 1.35E between Lillian Miller and State School Road, { Size: 136.365 acres 'I Surrounding Land Use and Zoning: LOCATION ZgMNG LAND USE North: A, LI(c)19, C(c)7 Undeveloped southwest of 1.35E and undeveloped • northeast of QSE South; A Denton Stati School East: LI, SF-7, A Light Industry, Single-Family residences and the , Denton State School • West; SF-18, SF-7, SF-1U Single Family Subdivisions p 5. , 1 ;;6 10 2XIO 0 Denton Development Plan (DDP). North of Flood Plain: Moderate Activity Area #78 Flood Plain and South: Low Intensity Area #77 Moderate Activity Areas are meant to emphasize a wide diversity of land use developments. The moderate Intensity areas are located at the Intersection of and abutting major thorough- fares. Low Intensity Areas are Intended to be primarily for single-family developments. SPECIAL INFORMATIQN Approval by City Council of a Devefopment Plan for the Planned Development District (PD-20) would grant the Planning and Zoning Commission approval authority for all Detailed Plans submitted within ten (10) years of Development Plan approval (Section 35-154). The property Is not platted and would have to be platted prior to the Issuance of a building permit. Public improvements needed to support this development may include the extension of water and sewer lines to the property, construction of a major collector street conecting Lillian Miller to the 1.35E frontage road, sidewalks along all public streets, and the dedication of approximately 45 acres to the City for use as a park and regional detention pond. Those Issues will be addressed during the platting phase. CHRONOLOGY July, 1974. Property was annexed Into the city and zoned as Planned Development District Twenty (PD-20) with ordinance 74.34. The property consisted of 152.49 acres and proposed the following land uses: Land Use Acres Light Industrial 47.49 Office 4.00 Multi-Family 29.00 Recreation 42.00 Sin le-Family 10 30.00 A TOTAL 132.49 June, 1996. It was determined by the Director of Planning and Development that Ordinance 74.34 and its attachments qualify as a Concept Plan for PD-20. Current. The current proposed Devefopment Plan consists of only 136.365 acres. At a some point 16.125 acres of land within the Light Industrial district were severed from the original parcels. ' • F b, ! py;' ti x 10 32 x I❑ s o Land Use Acres _Light Industrial 30.86 Retail 3.43 Office 8.20 Multi-Family 30.83 Recreation 33.91 Single-Family 10 29.13 TOTAL (38.38 NOTICE Twenty-eight (28) property owners were notified of the raquest on March 27, 1998. As of this writing, one reply form has been returned in favor and two have been returned In opposition. Opposition does not represent twenty (20) percent of the land area within two hundred feet of the proposed zoning action. ANALYSIS The following table compares the proposed Devefopment Plan to the approved Concept Plan, adjusting for the piece of property that is not inctuded: i 1974 and 1998 Land Uses Co pared Land Use 1974 acres 1998 acres Change Li ht Industrial 31.36 30.86 -0.50 acres _ Retail 0.00 3.43 +3.43 acres Office 4.00 S 20 +4.20 acres Multi-Family 29.00 30.83 +1.83 acres Single-Family 30.00 29.13 - 0.87 acres Recreation 42.00 33.91 - 8.09 acres 136.38 136.36 The northern portion of PD-20 Is within a Moderate Activity Center, The uses proposed In { this area Include the Light Industrial, Retail, Office and the Multi-Family districts, In the Denton Development Plan, the Intensity standard for a moderate activity area Is 350 tripsldaylacre. Collectively, these proposed land uses are estimated to generate 249 tripsldaylacre, 29% fewer trips per day than the intensity standard for a Moderate Activity Area. A Tri Generatlon within the Moderate Activity Area -Land Use Tri slacre' Acres Tri s Light Industrial 105 30.86 -3,2-40- Retail 650 3,43 2,230 Office 350 8.20 2,870 Multi-Family 200 30,83 6166 j TOTAL 58.32 14 606 f O AVERAGE 2491ave ' From the Denton Development Plan 7. x 10 ~2Xia e 0 Fthointerisity portion of PD-20 Is within a Low Intensity Area. The uses proposed in this he Single-Family and Recreation areas. In the Denton Development Plan, tandard for a loa Intensityarea is 60 tripsldaylacre. The proposed land uses are projected to generate 30 trips/day/acre, half the rate of the intensity standard for a Low Intensity Area, -Trip Generation within the Low Intensity Area Land Use Tri slacre' Acres Trips -Single-Family SF-10 30 29.13 874 Recreation 3J 33.91 1017 TOTAL 63.04 1,891 AVERAGE 30/acre ' From the Denton Development Plan 1 Minimum Required Information. 1 Required Information - Development Plan Relation to Master Plan Provided Acreage Provided. Small discrepancy between Plan sheets. Survey Provided Proposed Land Uses Provided Proposed Arterial Streets Provided. Proposed Collector Streets. Development Standards Provided. Referenced to City i _ Zonin Criteria Existing Conditions Provided Permitted Uses Provided. Except for Recreation District. l3oundades Provided OTHERISSUES Permitted Uses; Multi-Family, The proposed Development Plan uses the term MF•2 for the multi- familiy zoning district within the Planned Development. This Is the term associated with the City's unlimited multi-family zone district, used to accommodate the high-rise dormitories at LINT and TWU. The MF• ' 1 zoning designation wuuld more closely meet the Intent of the original O concept plan of 20 to 22 units per acre. O • Recreation. The mining of clay from the area now known as Unloom Lake has been discussed with staff. A land use for the recreation area should be e, x10 32x111 , C I included on the Development Plan that allows for the removal of clay I from the lake area In the short term, but specifies a return to lake-like I conditions upon completion of the clay-removal process. In addition, sufficient amounts of clay should be retalned on-site to create an adequate seal for the bottom of the lake. This should be a condition of zoning approval. Buffer yards: The Plan Implies that buffer yards should be required between residential and non-residential land uses and stales that details of such buffer yards will be determined with any required detail plan. Lighting: The Plan states that lighting will be contained on site. Recently, the City Council has been adding language to lighting-related conditions that light shall be contained so as to minimize diffusion of light into the night sky. This should be a condition of zoning approval Traffic Impact: A traffic Impact study is not required for zoning applications, rather it is required at time of plat review, Howevar, City Council has been very concerned about traffic issues in their review of zoning cases. A traffic Impact study could be required as a condition of zoning approval RATIONALE StrH finds that the submittal meets the minimum requirements for a Development Plan ss described In the City's Zoning Ordinance and that the proposed Development Plan Is consistent with the policies of the Denton Development Plan. The completion of the proposed Wind River Lane through this property, which will be constructed by the developers, will serve to relieve traffic congestion on Lillian Miller Parkway, particularly at its Intersection with 1.35E. Staff recommends approval of the Development Plan for Planned Development District Twenty (PD-20) with the following conditions: 1. The multi-family zone district within the Planned Development should be designated MF-1 and be limited to a density of no more than twenty (20) units per acre. { • 2, The Permitted Uses for the Recreation District as shown on the Developmenf Plan shall be added to Include: a. Extraction of sand, caliche, stone, clay or gravel for a period not greater than two years after approval of the Development Plan, provided that sufficient quantities of clay and other like materials remain on site to adequately construct a bottom for subsequent detentiontretention ponds; • b. Wa,,dng and Biking trails; O • C. Public park, play field or playground and accessory uses, and d. Water reservoir and water pumping stations for the purpose of reducing downstream flooding. li { i 9. 10 32XI❑ ry 1 ~ Y 1 5 1 V I 1 ~6 1 ~ i t I ! Y.~ ~ 13 4 . L F arwi shall be provided between non-residential or multi-family residential nd any adjacent residential uses. Buffer yards shall be landscaped to Include . ination of canopy and understory trees, as well as a sight-obscuring screen nimum of six feet made of wood or masonry materials or an evergreen hedge. yards shall be a minimum of ten (10) feet in width and shall Include no less ' than one (1) canopy and two (2) understory trees for every forty (40) feet of r boundary. I 4. Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb surrounding residential property or to shine and project upward to prevent the diffusion Into the night sky. w 5. A traffic Impact study shall be required prior to any subsequent Detailed Plan approval ALTERNATIVES 1. Approve the Development Plan as submitted. 2. Approve the Development Plan with recommended or other conditions. 3. Postpone consideration, requesting additional information. v SUGGESTED MOTION I move we recommend approval of Z-98-014• ~:LOSURES 1. Surrounding Zoning Map. 2. 1974 Concept Plan. 3. 1998 Development Plan. s i ' •f r, • ! 1, ir J, r . ! 10. . 2 5 10 a t , 3>X I0 ANNSWA 0 Enclosure 1 Z-98-014 (Unicorn Lake PD-20 Amendment) NORTH 08 ~r Gfl(C A j c 6 13 i' SF-10(c) A SF-7(c) 46 t Li PD 20 DD f C ~ SF-7 SUP192 t i PID '7 ski E 12 , PD ttiu'~1 162 i took, r *'§11 rrr r_ rr !~~•111-f f111 1 Q~.7 jA~ ~1 7 : Surrounding Zoning Map Dale: 4/8198 Scale: None - 7.5 K 32xI 0 ( + • 1 ENCLOSURE 2 1974 Concept Plan J~f) I 7 r ~ ~ • [aai:ii deradrwAt ~ \ •o R4bCnwAH![Y f 16.11 uwlr3/9C 1 V 1 \ y1 1 al I It Ae ' flAdYl ~AM/(Y ~3F.f•b r < I I 1 i LyYN~ _ i ' • M" i~uasrxw nwri o,~ I ! 0 isr.*o ec rwcr a d a~~., r rn 1. All ss 1 1 i l 111 A 11. ; r I ?5 x ~C' 32X r s ' Alone" c t _ sL 00 1 . Wri .Y fJ f1'rrl r et ^ ry r~„ ' ter,. 8 41I _ 'l ' f~l ~ VRr .NY1. N. r_~~ IOn /OrYR04N rtMM1 TM . •1 y I.roRP N >r.n 1 r .r . n»n N. 1 Sri I f W, F.f rend ru 'LNI 1 .Ry w 7. - 1 N RL r t n , ~!yy r 4~ ~ M Nly _ I(((((()~~~~~•~~~ r 11 ~.1[ ~'f+..... Nrr 1.YMtr 4 ~Y w _ L li~'J 7'~~7.... ) V.1 rlNRlr ' li' t Cc~ r ro ray Prlu Moll Q~=Z If fiE~~Z _ ~~~31:s~ ~I,,•`, ',r - I~Vt10Kl ~Mr 1 p ~IY G~~. _.r r iffy :ice-.~•. _ I 1 t•+++ r•S ` (MCOAN LAKE 1RACt ' 1 ~ t he •RI AMI ttINt' •GG~:•~._.• y^'.. Z'"...nf3.. ! u1PMlrlr l....,tt'p.~.. Gam: ~S .L:• SAES y~ y 1y 1 f ter, WE: ~ ~ ~ •i 111' wl~,fy' I I fly .s~~ z... r l ` f M~~I.trlfrl3'rf.f! af. I pper' s~'~j, r~ ~ ''.t Q!9lGItS.R IYM.M t1r3~JJ 25~ 32x IO low] 11,7 V, r„cr~ars o Irani Planning and Zoning Commission Minutes ATTACHMENT 4 April 8, 1990 Page 23 0187 Chairperson Schertz Then it's my turn. Just a second it's not lighting up. Why don't we try to vole Well, okay. Well, it a taking some of us. Keep Intel Voting is now complete anL I can't remember what I did. All right. We're going to do it one more time. Just a second. I'm sorry. If you'll cast your votes one more ume, please. On, it's having a hard lime doing two things at once. Voting Is complete and I will display the results. Oh, I still did It wrong, didn't I. All right. Do-okay, parr" •,t me. Yes, I think-yes, this is not working Why don't we show by hand on the motion and the motion was to deny it, All in favor, please signify by raising your right hand. Motion passes un,nimously to deny the request, We want to thank everyone this evening for coming cut-both sides, (7 - 0) At this time, we are going to lake a break, and we will reconvene at probably two after 8.00, Thank you. 11. Hold a publlu hearing and consider making a recommendation to the City Councll concerning the Development Plan, amending the approved concept plan, for Planned Development District Number 20 (PD-20). The 135.386 acres of land Is located along the southwest side of Interstate 3SE between LIIRan Miller and State School Road, A multiple use development Is proposed with Light Industrial, Oanerol Retail, Office, Multi-Famlly, Single-Family and Recreation uses. (Z-98.014, Unldorn lake, Mark Donaldson) Chairperson Schl Welcome back. This ever, ng we're going to start Item 11-hold a public hearing and consider making a recommendation to the City Council concerning the Development Plan, amending the approved concept plan, for Planned Developmen! Distrlct Number 20 The 130.365 acres of land is located along the southwest side ct Interstate 35E between tiltien Miller end Stale School Road A multiple use &re!opment is proposed with Light Industrial, General F -',ail, Office, Multi-Family. Single-Family and ?rcreal on uses And this evening, Mr. Donaldson will be addressing tits item, , Mr. Mark Donaldson presented Vie start report Mr Donaldson Thank you, Madam Chair and Commission. PD-20 is among the largest PDs In the city and is located adjacent lu Interstate 35E between State School Road to the east and Lillian Miller and FM 21 Just off the map here to the west. Surounding uses include the Denton State School on the South and wrapping around partially on the eal single family residential neighborhood hers, Jostens, Inc. here and a series of single-family subdivisions along the western boundary Project is acluauy located within two Intensity areas or the Damon Development Plan Intensity Area 78, which Is roughly the north half of the PD, Is a moderate activity center. Intensely Area 77, roughly the southern half of the P0, is a tow intensity area. We maned public notices and, at this point, have received seven--three In favor and four in opposition The land area of those In opposition amounts to 141/i, of the ai ea within the 200 loot i ndius, so that the 21 rule loot triggered at this point. Chairperson SOr" Mark, do you know where the opposition is on that map? Mr Donaldson An four came from the singe family neighborhood located to the east. The request Ionlght Is to approve a development plan, which Is the middle step of our three-step process In planned developments Upon approval of a development plan, that gives Planning and Zoning Commission final authority for approval of any subsequent detailed plans within ten years of the approval dale So, taking the development plan through the City Council then will shift the Final oulhcmy back to PAZ on any detailed pions that come In War. This property was • annexed Into the city in 1974 and with it care the concept ptan For the PD, which f can almost gel on this screen In 1974, The approved uses were for tight industrial in the north, office along 35E backed by multi-family with a special greenbelt and recrealon area where the lake Is located, and a single-family district with Sr-1o zoning dealgnellon In the southwest corner. The current proposal amends that concept plan to s degree, It still has the some land uses listed but it has added the 3 43 acres of genera! retail adjacent to 35E end shifted a little of the lend use around to accommodate a proposed collector street, which will connect Lill-am Miller to the frontage road of 1.35 serving to top of some of the traffic from that Lillian Miler corridor and Its intersection with 35E, giving people options to going through that Intersection. The recreation area configures more closely to whet the final shop: of the lake will be, and it allows for an active park area up In this part of the recreation area, which will have access through this collector stub, This will Oct to serve the parkland dedication requirement of any future development, and Ill stso on ImW..?mt n place of our regional delen!ion system for storm water drainage. II will be Configured to that 11 holds and r.rauts k water that a generated upstream and releases it slowly dawnlream. In your backup ere a couple of tables that analyze the land uses In terms of acreages from 1974 to today's proposal end documents the changes. The light industrial use has equally been decreased by half an acre, the retail has gone from 0 to 3 43 acres, office his Coca 14. - jyraT T 32x J - swam 0 Planning and Zoning Commission Minutes April f, 1998 Page 24 of 87 from 4 acres to 8.2 acres, en Increase of 4,21 the mutti-family has increased by 1,83 acres the single-family reduced by a little less 11 1 sores and the recreational area reduced by a little more than B acres. Doing some traffic analysis based o i the multipliers that are found in the Denton Development Plan-end again sort of assuming worst case scenario h fire on development-we find that for Ihase uses within the moderate activity center, the industrial, multi-family, off ca. and general retail, we would be coming In at about 30% less than the threshold for moderate activity centers. For the uses In the southern pan of the PD, the recreation and the tingle-family, the proposal comes in at 50% of the intensity threshold, or 30 Irips per acre per day. The development plan has met all of the requirements that are outliners In the code. There are some Issues that we need to talk about, You cart see here that the development plan loe' rifles-well, you can't see on that screen-lderiifies the multi-family as MF•2, That's our most dense multi-fani,y d strict with unlimited height The applicant's Intent was to put MF•1 In there tt 20 units per acre. That conforms pretty much with the 1974 plan, which staled 20 to 22 units per acre, In the recreation area, we've had discussion about reconfiguring the lake, deepening It by exlrecting some day !hat's In it "I actually has value to Acme Bricle. It may be a situation where ri lny the day-1. A keeping enough of II to scl as a bottom for the future lalie works to the City's advantage by creai ng a better lake with better water quality a better ability to retain and de*n water, while actually providing some economic value through mining. We need to accommodate that in our zoning On the development plan, there were no uses specified for the recreation district. We simply need to list that. We've been dealing with our usual buffer yards and lighliny issues pretty regularly now, so It's become almost standard procedure to put conditions In our zoning whenever we can to require buffer yards between residential and non-residential uses and between multi-family and single-family uses to that if the condition that's recommended by staff were approved, we would require a buffer Yard with a thick toyer of Iress and a solid wall between any multi-family development here end the Single-family development that's adjacent to If on the east- also, along the western boundary here between the fight Industrial uses and the single-family subdivisions to the west, There's just a brief note on the development plm shat they would do that. Ughling-again there's a note on the plan that light will be contained on rile, Wave kind of adopted some standard language that we would like to Include as a condition And then, City Council has bean analyzing traffic as they conslder zoning requests. $o, whether we require It ur not, they expect to have the answers when they see these rezoning requests so we would ask that a traffic Impact study be prepared prior to b.ingng forward any detailed plane Are there any questions of me? Chairperson Scherli Commissioner Gourdie. Me Gourdie. I was under the impression that the buffer or the practices that when you go from a single-family residence, it's usually a much-family Milo a light Industrial. Is that how it usually works, or do we normafiy go from single-family abulling up to light industrial's Mr. Donaldson, Wo have no stated policy so far es adjoining tend use districts We do have language In our code that requires a screoning wall between nonresidential and mullbrtmily properties And single-family properties. Ms Gourdie. Okay. But when II says single.family that meant-1 guess what I just heard you say-II sounds like to me, it says single-family being screened from multi•femily end multi-fatuity being screened in between the two of them n Mr Donaldson, And any non-residential use being screened from any single-fomlly unit. t Ms, Gourdie Oksy. The second question I had was when we tFai<ed about the following conditions-about being j the lake being dredged for the clay-I woe wondering what it meant when It speaks 'for a period not greater ton two e men! plan.' Via! development plan are we talking about? . ors she( approval of the deveoD Y , Mr Donaldson That would be this plan and that would just put a date certain on the amount of lime they would have to get In there and reconfigure the lake It would require that thoy gel H done between approval and two years from approval h Ms. Gourdie So. would there be the Possibility that homes and mullidsmily units ore being lfved In while this Is going on? Mr. Donaldson, It could be possible, yes, 15. , 5x10 32'10 o Planning and Zoning Commission Minutes April 8, 1998 Pape 25 of B7 Ms, Gourdie And, could you also show me In the recreational area where the lake Is, exactly, Mr Donaldson. I think I'll have to turn to the big map, kts. Gourdie, Thal's okay, He'll show on the pretty pictures that ere coming up. Okay, Chairperson Schell Sure. Go ahead Ms Gourdle If you're dyslexic it works really well, My question is this wilt be considered part of the park dedication? Mc Donaldson. Correct Ms Gourdie, And the lake itself is what-about 30 acres Mr. Donaldson It says 23 acres net for the lake, 33 91 for the recreation area. So, there would be approximately 11 acres or land Ms Gourdie Okay, So, is that considered the appropriate number or are we making concessions based on the fact that we need this as drainage area? Mr, Donaldson That would be considerably more than the parkland required by our ordinance. Nis Gourdie Okay, Thank you Chairperson Schanz. Are there any other questions of Mr. Donaldson at this tme? I don't see any. Thank you, sir. At this lime, I would like to ask the petitioner to please speak. fdr. Meyer, I may bring this down just a little bit here, Oops, never mind. Madam Chair, members of the Commission, my name is Brad kleyer with Carter and Burgess I am also here lonipht with Bob Shelton who Is the applicant. As you know, Bob is also the owner and developer of the Sundown Ranch, which Is located just to the west of this property. What we're basica,iy doing-when we first looked at the property and the original zoning, there was a collector road that was scheduled to be looted about this Brea right here and then It swung up Into the property and ended up at 1.35 in roughly the same location that's shown on this drawing Of course, when the Wind River property was zoned and platted, that collector road was moved up and is in the configuration we're showing on this plan. Obviously, when we came through with this plan, the locution of the collector needed to be moved and fi. with ih I we had to lock of the uses and lock at how that property was configured The light Industrial land has always been, as Mark showed on that original drawing, always been located In this area. The lake end greenbelt has always been located here, multifamily here, the singledamily SF•10land In this location and actually this was always-the office tact was up here with the light Industrial, up let that location. Whal we've basically done Is reline that plan somewhat. The general retail, obviously, Is more teslecllve than light industrial land was We've fine-tuned that a little bit, snowing that use. Also with the park configuration, we've looked at that a little closer and looked at the actual drape or the lake to make that work, Another real Importanl part of this plan Is that this will get the • connection, and I know, I was here during a lot of the Wnd River Loring when that was going through, that was one of the real big concerns of relieving some of the traffic oat was going to happen up on the Lillian Miller and 1.35 Intersection, and the thought was that someday this collector would go on through to 1.35 and help relieve that With construction of this project, that Colieclor will be Conneded all the way from the Union Millerlreasley Inteae°tion all the way across to 1-35 and really help that k0rc silustlon tremendously, We hive spent a lot of time with the dell bellwo we ever came in, meerng with them on the park Conrgualion I met with Mr, Hodney, your Parks Director, and looked at connguations and the types of repreallon that would go on there, What this win Nan do, and Mr Shelton has made the commitment to allow the park connection across the Sundown Ranch properly Into the Wind River property, so (here will be a continuous park system [hat will go across Wind River auoss the Corner of Q • Sundown Ranch Into this land area So, it should be a really nice addition to the City to get an those park connections in and make that happen. Also, d has some good engineering Implications as mill. This lake will be designed to serve as a regional detention facility In fact, we're con[racting-our form, Carter and Burgess-is contracting directly to the Cdy to do same siudiee and look at this on a regional basis to provide that kind of relief for j 16. 32Xl~ o , aeamo~ , o Planning and Zoning Commission Minutes April 8, 1998 Page 28 or 67 the rest of the city, So, it's a real good projecl, I think, for everyone-the developer and the City and we respectfully request your approval. Mr. Shelton, I know, would like to make a few comments, also, Thank you. Chairperson Schortz Do we have any questions of-yes, Commissioner Gourdle, Ms Gourdie I ju-,t was looking for some numbers if it might be available I was wondering about when we built single family, the homes and the mutt -family. Flow many people were you considering home-wise and, I'm just trying to think of i Thal kind of density w4re going to have people-wise in this area. Mr, Meyer: Now many units will be built say on the SF-10 land? Ms. Gourd is 01 sy f Mr, Meyer. Lel'r see. To be honest with you I have not calculated that but just looking that there's 29 acres shown there, SF-10 wit run under 3 units to the acre, so that would be In the neighborhood of 100 lots, probably less than that i Ms Gourdie. Oki y, and for the multi-family? Mr. Meyer Th,, multi-family tract-basically, there's 30 mares. Our Ironing districts go to the center of each one of { those reads, however, of course, you only build on the- (inaudible) -of the road, There's 30 acres there- probably in the 600 range Ms Gourdie, And is that a calculation made crlike 2 8 people Into each multi family, I'm Irying to get an Idea of how many people will be living In this area to combine with all the, everything else we have happening around there, I'm just trying to gel an Idea. I'm not after the specific, but just the general, please, Mr. tyleyec Yes. I'm not realty a multi-family person so I would Ihiri m not sure they look at 2 or 2 S. I would think it would be closer to the 2. Mark maybe will help with that, IN Donaldson The (inaudble) -figure Is 1.8 for multi-family housing I Yr, Meyer, 18? Nis Gourdie Thank you Appreciate your time Chairperson Sr.herV Any other questions? None el this time. Thank you. Mr. Shelton Madam Chairman, member of the Commission, my name is Bob Shelton, 3505Teastey lane, Donlon, Texas I em the applicant presently under contract to purchase this land, We have been under contract for a while, I ve had the engineers Involved lot qu'de t vhd: I was working with the City staff, the City Engineering Department, as far as trying to work out something on the roan, work out something on the park, trying to bring this land In end make it compabbte with what we are doing In the neighborhood. I do have a large commitment to the Sundown Ranch Pact I have visited with the developers of the Wnd River tract. They are In favor, I think there's letters to that efrecl here. And, you know, we're committed to trying to get this road done. It's not a'Iry to.' We intend to start engineering on it right away, as soon as dose on the tract to go ahead end make this connection, I have an agreement with the Wnd River people to bring thee mneclion on through-what they dcr4t intend to put through at this present lime, we Intend to go ahead and build cu-sefves, The Park Department, there again we've worked with them on several occaslona Thily're very happy with the configuration of what we've got Ilned out. We will be dedicating it for park space and the lake and open area. So, at any role, I guess that's really about all I can loll you. We're really not trying to Increase any density at all that we've had out there, We're presently coned for the multh family, we're presently toned for the single-family and the light Industrial The only change realty on this toning from what we previously had or have now on the tract would be the addition of the general retail-which we could do that in the light Industrial area anyway and adding some office to It. If I can answer any questions . Chairperson Schertz Thank you, Mr. Shelton. Commissioner Gourdie, 17. ;'A I • !C] 32X~C7 ILA EME~ARWRIMLMAIALM~m~E&JIME-MA - 0 , t~ o ' nip, r .,r.. i:rr ~ i Planning and Zoning Commission Minutes April 6, 1998 Page 27 of 87 Ms. Gourdie: Thank you. Mr. Shelton, I was wondering if you could give me an idea of what were going to see here. I think (his Is kind of exciting to see that this area is going to get developed, I would like to know-first of alt, my concern is light Industrial up against single-family housing in that one portion of the area. Could you give me any idea of what you're considering to put therol what might be anywhere In that Intensity Area 78 for us? Mr. Shelton. No, ma'am, I can't-whatever's permitted In lho light Industrial with exceptions of what we've taken off the deal, You know, I hate to say we're going to do 'X* In here sod all of sudden I m in here with a detailed plan on something also six months from now It would be difficult to tell you right new what we're going to du. We really don't have a plan for the light Industrial district at this point in time. i Ms Gourdie. A. r ght, Thank you Actually Mr. Donaldson, do we have a list or light industrial uses that theyve X ad out? I don't have that in my backup, So I'm Just wondering what we've taken off the light industrial? Mr. Donaldson, On the large map-that should have been In your packet , wasn't It? l Ms.Gourde Thank you Chairperson Scheru Mr, Shelton, are you happy with the conditions that slaff nos placed on your space? Mr, Shelton Yes. On the multi-family, now, we-and I don't know it maybe there's some miscommunications-but we intend to keep the multi-family 2 tike it Is In existing-the 22 units to the acre Chairperson Sch" All right. Rather than.... Mr. Shelton. The 20 units to the acre-the MFr1 Chairperson SoherU All right Anything else? Mr, Shelton t'n, ma'am. We're presently MF-2 and we'd like to remain MF•2 Chairperson Sol" All right. We'll address that Thank you. Any other questions of Mr. Shelton? Commissioner Apple. , Ntr. Shelton. Oh, I'm surry Ms Apple That's all right. We had several opposition replies from residents in the single-family subdivisions back there. Have y'all held any type of a meeting with those people to discuss their concerns? Mr Shelton. No, ma'am. We did not hold a neighborhood meeting simply booause of the fact that we're not changing the zoning that was shutting them, It Is not our Intent to change the coning that abuts their subdivision Ms Apple Okay. Thanks Chairperson ScherU I think that 'a N right now Thank you, Mc Shollon. Would you like to address your question to Mr Donaldson now 1 Mr. Powell. Mr Donaldson, If I may, sir. I'm a little confused, which Is not unusual. I guoss, oboul the multi-famlly 1, multifamily 2 Issue I think you said one thing: I think Mr. Shelton sold something else Help me out here, Mr, Donaldson The MF4 zone district Is used In the city only In the areas of the two universities to accommodate high-rise dorms. It has an untlmited height reslriction The MF•i zoning district actually has no dismally requirements It doesn't specify a number of unite per acre. It specifies heights and setbacks and those combined , with the requirement to provide off-street parking generally limit The units you can get on the acre end the rule of thumb, in town, seems Io be about 20 units per acre-seems 10 be the going role. I'm concerned about the j unlimited height of the MF-2 tone district In this particuhr area I i { 16. i < 32x~~ Io e~~. , Planning and Zoning Commissl sn Minutes April 8, 1998 Page 28 of 87 Mr. Powell, The part that's confusing me, or some of what's confusing me, Is I thought you said that the MF-2 was a mistake and it should have been MF-1. And then Mr. Shelton-I think he sold 'No, It's MF-2' and I'm not trying to put words In anybody's mouth. I'm only trying to get it hashed out as to what It really Is and what Mr, Shelton really wants and what we're really going to vote on here. Mr. Shelton. I suppose I'm confused and I don't suppose i is Mr, Donaldson, 1 was trying to maintain our density. I'm not concerned with the height regulations on the project. If the density is 20 to 22 units to the acre In MF-1, I'm very happy with that zoning. Mr, Powell. Okay So, if we put In the motion that It's MF4 In the multi-lamily, we're not going to give you any heartburn here, Mr.hollon No, Sir Mr I dwell: Thank you Mr. Donaldson: Part of the confusion Is that on the 1974 concept plan under the multi-family district-oh, you can't see that-ihcy aclually specified a range of density which is a mistake. I think. It should-It says 20 to 22 units per aaa specifed r;rht on the plan. I don't like that kind of range in zoning. I opted for the lower of those two numbers. Mr. Engelbrecht. I Jul wanted to add that the development plan used to read that way. I think that's why that was In there. Or maybe this was even pre-developmenl, but the development plan then followed that approach for a whtle. That was Just kind of the way it did It Chairperson Schertz. All right. Is there anyone else ..,is there anyone to speak In favor? Anyone to speak In favor? Anyone to speak in opposition? Anyone to speak In opposition? Good evening Ms Chenoutt Madam Char and Commissioners, my name Is Becky Chenault and I'm not real sure I'm In opposition of this What I'd like to Cha',rperson Schertz Could we have your address, please? Nis Chenaull Oh, I'm sorry-3009 Montitiii. I'm the current PTA Fresident at Sam Houston Elementary end I've come to ihls meeting of the Planning end Zoning Commission on tshalf of our community as a PTA leader to communicate some concerns of our communty. We believe that a successful community Is one that looks to the future and painstakingly plans for the future. As a rapidly growing and greatly diversified community, we art; asking that this Commission rise to the challenge of making the hard decisions that are Imperative to create a successful and prosperous community. If we are to create an Invilinq and a comfortable environment, we need to plan for all aspects of is community-public parks, greenbelts streets, utilities and school are as narch a part of the community as private housing and businesses Each of these plays an Important pert in the lift of a community How Inviting Is a community that fails to meet the needs of the individuals who are trying to choose a home or start a business? w Hew well planned Is a community that has no neighborhood tchoots for their children to altend-with school taxes That must be used to support the high cost of bussing children to schools that ere currently over capacity. How anraclrve physically or financially Is a community Ural Is temporary and portable and shod4sloned, The 13 million sohcol bond package has been spent, The new schools are In the current plane, yet even these will Come on-line with portable buildings housing the overload. If we do not plan or provide for fulura Schools as we plan these neighborhoods, we are foiling our community and dooming our future. Again, we are asking this Commission to lake the time and effort to i iake these hard decisions to set the foundation In piece for a successful and prosperous community now and In the future Just to clarify, please Include some dedicated land for Scholl for this development and ones In the future. Thank you r, Chairperson Schertz, Are there any questions Mr Powell Yes I guess 1 do, I have a question, or maybe Jusl a comment, end k's not personal, please. But N's my understanding that either the Constitution or the legislalure, probably, the Constitulion, Separated city government born school government. We can't do Shat Now, 0 the school district comes to us and asks ut to do something, perhaps we can cooperale with them, But we can't plan for Schools here The schoot distrIcl It a separate enlity. 19. ,fir' N ) K~ 3ZX~4J c I sir C I Planning and Zoning Commission Minutes April B. 1998 Page 29 of 67 We're not paAof that, they're not part of us. Ina lot of states, the city and the school district are one and the same, i and I suppose they can do It that way. But we can't take the prerogative of telling the Denton Independent School District where to build a school. You know, It's a great thoughl, but I 0o-it know how we could do it. And, after I've said that, please, it wasn't meant to be personal. Ms Chenault I'm not taking it personal Mr. Powell. Okay. Ms Chenault. But my question to your question or comment being. it In planning parks and Industrial and homes and sUeets and access and traffic, where is the forum if you've got the school district here and the City Planning and Zoning here? Mr. Powell, I agree. Ms Chenault Where is the forum where we bring this to the attention Do we not want to educate the people that we're bringing into the community that will end up being our leaders? Ur Powell, Personally, I agree with ycu Unfortunately, apparently the. people that wrote our Constitution didn't, or they didn't think that for ahead, or maybe a tot of things. But all those other things that you mentioned-traffic and parks and everything else-is part of City governmert But school district Is not part of City government. It's a totally different iii lty, and I'm not particularly happy with it, but overall I like Texas so I'm sticking around. Chairperson Scherlr, Mr Donaldson, fvlr, Donaldson, If I might, the forum that's been mentioned occurs every Thursday morning In our offices at what we call our Development Review Committee to which the school district is Invited, They're Informed or every agenda and provided every site plan that we receive. They make an effort to come when they can They don't always make it and again, as Mr, Powell said, our authority Is limited. We are not authorized to require school lands and we're not authorized by state law to enact on impact fee lot schools. So our hands are really tied other than providing all of the information that we can to 'he school district, which we make a concerted effort to do. Chairperson Schatz Are there any other questions? Thank you for you, time, Anyone else In opposition? Thank you sir/ Mr Turner, Madam Chalrrnd Commissioners my name Is Mdchell Turner, I five e1 21,'.B Slonegate, and I have a few problems with this petition Pirst of all, I think the intensity Information may be a little bit misleading If you'll take the current PC 20 as it is today and calculale the intensity and then you'll lake what Ihoii asking for today and calculate the Intensity. you'll find that It's increasing In this area So that's a problem We already have a problem in south Dsnlon with traffic Second thing that I have a problem with-I don't think il's good planning to put single- -All famdy next to light Induslrial, and you will notice that of feast four of your people who opposed this were in single- family who were going to be next to light Industrial, I think • better plan than that can be provided. Thirdly, it doesn't appear to me that the spadrnents a•e on a primary or a secondary arterial. It was mentioned that they are on a , co;'eclor street Now I don't know how wide the collector street Is, but the Denton Development Plan says that at least one access by a primary or a secondary arterial with no direct access on a residential street is necessary for apartments It meels the-It could have as many as 750 and 800 is acceptable, but Hthis collector street is not at easl 80 feet wide, then this is a violation of the Denton Development Plan. And lastly, although ita been mentoned, this Is going to be a burden for the school distrlcl, and I'm glad that theta are some coordination efforts going on. I think I's also going to be a burden for the City In some respects because with Wind River, with Sundown Ranch, with Johnson Ranch, we really don't need another development righl now In south Denton. I know you can't stop Ihat, but it's going to be a burden for a lot of people, And for those four reasons. I have problems with this petition. r • Chairperson Scheru Thank you, Mr Turner. Does anyone have any questions? None at this time. Thank you ` Anyone to speak In opposillon? Any opposition? Seeing none, I would ask the petitioner if you have any rebulgl? 20. 4 7 5 x 3 7. x 'uaYle'a'a O Planning and Zoning Commission Minutes April 8, 1998 Page 30 of 67 fif Mr. Shelton: Just a brief comment, The property owners that I suppose that were in the single-family area ere not going to be up against light industrial They'll be against multi-family, which presently was zoned and is zoned multi- family. We're not changing that area. Chairperson Schertz, And how long has that been zoned? Mr. Shelton: Gosh, I don't know. Madam Chairman, I think It was zoned probably 15 years ago, something like that. I'm not really positive, Mr. Donaldson: 1974, Mr, Shelton 1974, so twenty some odd years ago, Chairperson Schertz All right. Thank you. Commtssloner Engelbrecht Mc Engetbrecht. Mr. Shelton I hove a couple of questions about the light Industrial given lhat it's backing up to the-on the Wind River side, to some single-family, Mr. Shelton Yes, sir. Mr. Engelbrecht. A couple of uses that concern me under light Industrial--one of them Is petroleum p oduct storage-wholesale and cleaning and dye;ng plant commorti and cleaning plant, b895 or carpel 67ecial equipment, a couple of others, possibly-those, from the standpoint that they're sloring large smounts of 6mnmiae material. I would ask you 0 you have any problem with simply serolching those from the list orpermitted uses, Mr. Shelton No, Sir, Mr.EngelVechl Ihank you Chairperson Schertz Any other questions? Thank you for your lime I will now close the public hearing And ask Mr. Donaldson for tiny Prat comments Mr. Donaldson Staff finds that the submittal met the requirements for development plan as described In our zoning ordinance and that the proposed development plan Is consistent with the policies of the Denton Development Plan. We find that the completion of the proposed W nd River Lane as a collector street through this property will serve to . ; relieve traffic congestion on Lillian Miller Parkway, particularly at its Intersection with 1.35E. We recommend approval of the development plan with five Conditions that are outlined in your backup (1) that the multi-family zone be designated as i and limited to a density of no more than 20 units per ocre, (2) that the permitted uses for the J recreation district as shown on the development plan shall be added to Include N extraction of clay and other I malerials for a period not greater than two years after approval of Ihs development plan, provided that suMiclent quantities of clay and other light material remain on site to adequately construct a bottom for subsequent delenbonlrelention ponds; that walking and biking trails, public park playground end accessory uses and water reservoir and water pumping stations atso be included as permitted uses in the recreation districl; (3) that Duffer yards shall be provided between non-residential or multifamily residential uses and any adjacent residential uses-, that buffer yards shall be landscaped to Include a combination of canopy and understory trees as well as a Sight- obscuring screen of a minimum of 6 feet made of wood or masonry materlals or on evergreen hedge and that the 1 buffer yards shall be a minimum of 10 feet In width and shall Include no less then one canopy and two understory trees for every 40 feet of boundary; and (4) that lighC ,g on the property shall be designed and maintained so ae not to shine on or otherwise disturb surrounding residential property or to shine and project upward to prevent diffusion into the night sky. and (5) Thal a traffic Impact study shall be requlred prior to any wbses, :in( detailed pion approval. 1 And I would add that the uses mentioned by Mr. Engelbfecht be stricken from the list of permitted uses for the light industrial district 0 Mr, Powell: Maybe we better enumerate those specl9colty or something, Or maybe you could make them pal of the motion, Jim I ~ 3210 A aar.rs• ' o 4 ~ Planning and Zoning Commission Minutes April 1998 Page 31 of 87 ' Ms, Gourdle Well, I'd like to soy that I have 44 things on this light Industrial thing that I think should not be up ~I against a person's house besides what you mention. I mean, I don't think a body repair shop should be behind somebody's home. I don't believe s mausoleum or cemetery-of course, some of these aren't practical, like an electrical station or sewage pumping station-I would hope that's not going to happen there, but that worrles me. If " it's open to; enything, I really think vie should actually go through this list and X N oft because this is someone's backyard that we're ta'AIng about, and Mr. Shetion made a very valid point. He doesn't know what he's going to put In there and if we open N up to all these points here, if someone comes with the right dollar smounl, sure a pumping station might just be the best thing to put In there If that's what's going to make the money that we need to make on i this property. So. I'm really uncomfortable with that, personally, and I know this probably Isn't the point in time to interjecl It, but if Ifs going to be five. I'd iike to see us go through this whole list-because this is someone's backyard wars talking about. I have a whole problem with light industrial anyway being where N It but if we're going to ccmpromise, then I'd like to see if we can work It out somehow. But I have some questions for you, Mr. Donaldson if Mr Engelbrecht Is finished Mr Engelbrecht That was my only question Ms. Gourdie I wee wondering on the conditions-number live, traffic Impact study shall be required prior to any detailed plan, Please explain to me how a traffic Impact study can even be Considered done when you have no Iraf a happening. I mean, well, Hunters Ridge, Wind River, all those-they're not up yet to you don't really have any Iroffic happening T16 only traMcwe featly have is State School Road and Lillian Miller. And again, to I'm just kind of curious, how do ws realistically make this a traffe study when we don't have any traffic to study, And this has been my whole problem with this whole development of this area. We're given these numbers, but we're not given them as if there was really traffic going dovm the road. People sit, I've seen one car, two cars, but we've got 700 homes coming omtine plus that's going to make a bigger difference than lust what we've got now. So could you explain that to ms because I don't understand how it's legitimate. Mr Donaldson Traffic engineers have a manual, the Institute of Traffic Engineers Manual a3, or something like that, which contains data on develop-ri Throughout the country-many, many thousands of developments-end they develop land use Assumptions 'rom it and anatyzing all those development and they come up with the multipliers that we can apply to worst case scenario land use districis-SF4, 3 to 3% houses per acre times 10 trips per day, 35 trips per acre, 30 trips per acre. Simply go through the calculations They also will took at existing trade and demand areas and using assumptions again about traffic splits, calculate how many left turns at an intersection there will be, how many right turns, how much through traffic and by going through an analysis such as that, they con predict what peak hour traffic will be, what off-peak will be, what daily traffic will be generated from a particular site. And then they apply that to the existing baseline data and there are standards of levels of service that are , established again by these same traffic engineers Ms Gourdie The if ghway capacity Manual-I'm lamilior with It, Mr Donaldson And theywil overlay the proposed development on lop of the existing baseline and see If hit levels or service chanpe-is there capacity to accommodate-and from that we get our recommendations as lar as oei public improvements-whether there's a lurn tone required, whether there's participation In a Irelfc signal, stuff like that. Ms Gourdie. I guess to me N's a moot point because you already have the development end you already have the toning and you already have the approval to go ahead and do it. So N for some reason after-owe approve this and the detailed plan with the traffic Impact comes up and says, 'we're In bag trouble here' how do we remedy that situation because we've already laid the grown work, We've already said 'you can go ahead and do N.' To ms, you know, it's like pushing the Carl wkh the horse Instead of having the horse pull the Carl , I don't understand how N Is really relevant to a situation once the toning's been approved, Mr, Conaldsorc. I agree with you Typically, we require the traffic Impact study at the time of platting, which tell us the type of public Improvements we need, The toning Is an entirely different ballgame and is probably more critically 0 tied to a city's capital Improvements program. If we could anticipate a buifd•oul rata on our existing undeveloped land, we could dovetail a capital Improvements plan to N so that adequate public facilities are In plate as land gets developed We choose to try to keep our loxes as low so possible and not anticipate thoce sorts of things and 22. a,~~;10 3aX 10 , O n . r Planning and Zoning Commission Minutes April 8, 1998 Page 32 of 67 ! require the developers to make those ty ces of Irrprovemen:~ for us. So, In effect, we're always behind the curve as far as a lot of public improvements are cimcerned. Mr. Salmon' I just thought I might Interject - when you tone property, you determine what the land use Is going to ` be You really can't do a traffic Irrpact rnalysis until you know what the land use Is going to be. When people come back with a plat after their zoning is aheady in place, the public Improvements that the City requires is ProPoitional to the type of development. For example, d they were going to develop this into one-acre single-family lots and they did a traffic Impact enalyals, that analysis would probably show that they did not have to make any, or probably not very many, traffic improvements. On the other end of the spectrum say we toned this property, the entire PD, multi- family at 20 units per ace They would have do to a horrendous amount of traffic Improvements based on traffic i it t cal until the m a In because i n nil pI studies. That's why we don't requ e the traffic s udy, ryD y. plat w e I a of u! atting I occurs that we can tell them vhat they're going to be required to do in terms of traffic Improvements. The traffic Impact analysis will tell us, City staff, whet they need to do to make it so that the traffic will be okay. And they can't tell us that unless we know what the toning and file land use Is going to be, I Mr Gourdie That clarifies II for me, Before you run away, could you please clarify Mr. Turner's question about the 80 road, Anyway, It's a collector street versus when muttl-family comes off. It looks like It's going to be a 60 fool. Is that correct-or what Is it? Just to clarify It for us, Ms. Salmon' Right--60 foot right-ohway. I think (here's a statement or a policy In the current plan that says that multi-family love opment should be placed on orteriat streets , Is that correct, Mark? I think there's some wording to that effect-Thal those types of developments should be on antedate. So, an arterial typically does have an 00-foot right-of-way, or, In some cases, 100-foot right-of•way, A collector street is In a 60-foot right-of-way and can be either 41 or 45 Poet wide, In this case, we're going to have a 45-fool collector because B does serve light Industrial property, and an Industrial collector Is 45 feet wide A 45-foot street Is wide enough !o have two lanes In each direction without a median in the mldlle, which Is very similar, I think, If you've driven on Bonnie Brae Street. Bonnie Brea Street is 45 feet wide, It has two lanes In each direction, but 4 doesn't hove a median . That's what this street will be, A secondary arterial such as the one Mr, Turner was referrinp to Is also two lanes in each direction. The only difference Is it has a median In the middle, And that's why you need the extra right-of-way is to you Pan ft the median In. Ms. Gourdie. Well, what I guess I'm concerned with Is how Is II written In the Denlon Development Plan from the older one In which-I would like for us to be wtthin a consistent realm of what's happening In the Donlon Development Plan, because again, we really didn't gel one of these, you know, one of those cute little things that says all those wonderful things, and Im just Irying to be lair about this. If we're going to use this as a relief valve for Lillian Miller, I have a hard time thinking that this road Is going to be not-It's going to be fight use. 1 really don't believe that's going to happen, and again-so, I'm just kind of trying to figure out where-what were really doing here Are we just pacifying the situation or ere we actually (ollowing the conditions that we laid down as ground policies that we're supposed to be kind of heading in that direction, or I'm just trying to figure out what we're-whal's happening here. II Mr. Turner brings sumelhing forward, I think we ere obligated to answer that question-that's the way Ifs written. s Mr Salmon. I don't know what the exact wording Is Mr, Turner apparently has like document with him, and Mark . probably, maybe has a copy also Ms Gourdie. I was just, maybe I'm making a bigger deal out of i1 than, I don't know. 1 Mr. Salmon: 1 don't know what the exact wording is or whether its a policy or whether 4 Is wmelhin9 that's e , rneed ble ) Ms. Gourdir All right. Thank you very much for bringing Ilrls time to rtia. , Mr. Donridson, 1 could just remind you that the toning was put In plea In 1974. The Denton Devetopmenl Plan r y w- dopled in 1988 It to advisory in nature 11 hssn'I been codified throughout. Ms. Gourdie: I understand, but his used In some-It's roll-I mean, sometimes we use It, somefimes we don't and 4 I'm just trying to figure out when's the times when we use ft and when's the times when we don't use W And to, I'm i 23. ~K~rynn 2's ❑ 32 x~ d r +er~ -a ' p . 1 aheassasa Planning and Zoning Comrrtisslon Minutes April 8, 1996 i Page 33 of 67 just having a hard time understanding where I'm supposed to go when I'm given all this Information and I'm asked to follow this route and than all of a sudden I'm saying, you know, follow this route, so I'm just asking to clarify In my mind-nM is mess anything up here. Mr. Donaldson: With approval last evening of the draft policy documents, you'll be seeing two sets of analysis from nov: on-ore tied to newly approved policy documents and secondarily one tied to the old Denton Development Plan. Ms, Gourdle, Okay. Thank you i ChairpersonSchertz, Commissioner Powell Mr. Powell: Sir, could you explain to me, to us actually, the buffer yard between the light Industrial and the single. family. i Mr, Donaldson: The condition proposes that there be a 10-foot landscape buffer yard that contains a 6-foot sight. obscuring screen, either wood fence, masonry fence, o, evergreen hedge plus one canopy tree and two understoni trees for every 40 feel of length, h will bold a living well between the two uses. Mr. Powell Thank you Chairperson Schanz, Is there any reast n [hot that's not In our recommendations. I mean, when you read It, It's different than what we're looking at, I Mr. Donaldson. Really? I Chairperson Schertz, Or Is It, ern I looking at the wrong thing? i Mr, Engelbrecht f believe it's there, Mr, Donaldson Page six, number three ! Chairperson Sch" No, I'm sorry . I'm looking at page fve, buffer yards. I'm on the wrong page, JI ri Mr. Donaldson. Yes, that was just the analysis. Chairperson Scheriz Okay Commissioner Engelbrecht. ! Mc Engelurechl I Just wanl to go back a moment to the street-the PD showing a 60doo1 right-of-way. Are we talking-thal was one of my questions-Is this 45 foot with median, or are we just talking 45-foot, four lane-no median Is there any particular reason why staff d d leave in oil of the uses under light induslrlal-slebles, etc, etc, r etc I m-and I ask this not thinking about tomorrow; I really believe lot, you know. If current developere are going-they're going to want to maximize their dollars out of this, and they're going to put In things That are going to • work for Ih im for both their own single-family and others But, this is toned forever and that means that 30 years down the road, those-all these little pieces can be Indlvldue'ly owned and people can put In other things and can change the character of the area So, that's why I have some concern about those uses In the light Industrial backing up to simple-family. And I mentioned those I thought were the most physically hazardous, but there am certainly others, and 1-11 would appear that Commissloner Gomdi s has revlerwed that vyry carefully. I Mr. Donaldson On the one hand, we, staff, did request Thal they trim down the list. On the other hand, the 1 representatives of the two properties to the west ere both in favor of the development plan and are fully aware of the number of uses, ' u, I1r Enpelbrecht Well, that may be the developer to the west, but, unfortunately, he's not going to live there. He's yyW guing to sell the properties and move on, j Mr. Donaldson True enough. I 2/. i K. 32X 0 r ~ ' L _I r s O r Planning and Zoning Commission Minutes April Q 1496 Page 34 of 67 Mr. Engelbrechl: And that meant that 25 years from now, a stable could go in there. Under Ihis zoning, there's nothing to stop it. I mean tomorrow, for that matter-but I don't see that happening Immediately, What I'm concerned about is that those kinds of things can happen dnwn the road, and I don't want to set up an area for poblems that, to me, could be eliminated now with elimination of some or these permitted uses In the light Industrial area. 1 take It that staff did not-or you say that you did talk to the applicant, and they wanted to keep all of them? Okay. Chairperson Schertz' Is that our normal policy, to keep them sit? Mat's standard? Mr. Donaldson. Our normal policy Is to Inform applicants of the risk of leaving them sit In and allowing them to choose whet they want to do, We will try to gauge the real purpose of the zoning and focus In on what they actually want to do. In this case, we were unablc to minnow It down at all, If you want to take a run at it, that's rime and the applicantA here to discuss It with you. Chairperson Schanz: Would the anpticanl like to make any remarks before we prooeed as to what your reason and thought was to leave it done? Mr. Shelton, Ouite Imilkly, we haven't taken t Ilme•nem look at each and every permitted exception. Thera tiara some things in there that popped up to our attention and Me !leysr pointed out Ic ni think there was a rani sling plant, a chicken plant, and things like this; and I said. 'For gosh takes, strike those.' But as far as sitting doi end taki, q a line-item look it everything, we have not done that. There are pang to be some uses-obviously, there again, talk $bout the developer moving on-I live of Sundown Ranch. I Introd to be there for a long time, I office ! there no I am fully aware of what's going on around me. I am very concerned about what's going up next to me, like anybody else, but, you know, is a practical matter, there's just so many things on that list that will never be done there You know, we see Ihel more, and Me Gourdla asked me a whit i ago what we were going to build there. I don't know but I see It more In line with being a daycare center out there usage-you know, thingid of this nature. I see some retail along the road there. I don't see anything-I don't think we're going to have any stables out there Numbly one, I don't tee how you could eflord to put horses on this priced land. Mr. EngelD(echk On, I know, Mr. Shelton So, there's some things that just by sheer economics, you eliminate and there're other things you just simply, you know, they're just not going to be there, There again, Ihal's why we didn't spend a lot of time )ust going through line item area, It was zoned without any exceptions and to go In and start changing them up, we didn't feel like Ihat was necessary because we weren't, basically, changing our zoning on the light Industrtak But, you know, we're more than happy to strike some of these things that look offor lie I don't want to be loo restrkliw, and I want to leave all the avenues I've got open to me. In the some respect, you know, there's certain things that are certainly nor going to go Chairperson Scheru, Commissloner Powell + Me. Powell. Mc Domollson, doesn't the new proposed Donlon Plan call for different kinds or land uses In dose proximlly-ell those high sounding words and things like that. Mr Donaldson: Yes. , Mr, Powell, Thank you, t Chairperson Schanz: Any other questions for Mr. V.tillon7 Thank you. At this Urns, I'm going to close the public hearing, 91 haven't already, and ask Mr, Donaldson inr any further remarks, and then we'll open It up for somt more G discussion. • Mr. Donaldson: I have no further remarks other than ro gel a specified list on those uses currently parmiBed In the V light Industrial as specified that you would want to delete and that could be part of the motion And I %as that on the ^r suggested motion, I fatted to mention lhra recommend aka w•,i w4 h Conditions so presented by Staff. That could be o part of the motion i. I 75. i py s 1 y r? 2 .K I~ \'>12 Ill./ WON, % o " Planning and Zontng Commission Minutes April 8, 1998 - Page 3s of ei Chairperson Schanz All right. Thank you. Ms. Gourdie: Are we open for discussion? , Chairperson Schertz Yes, ma'am. Ms. Gourdie, Wow, I would--I have-I understand sincerely leaving options open, but we know from prior experience in this area there is a Tia's, a Red Lobster, and a Jack-in-the-Box up against people's honors and off of Lillian Miller In the Soulhridge area. We know that people are not pleased with the smells that are coming over to ; their house. We know that they don't appreciate the traffic and the noise and the late nights. I have a real hard problem with having restaurants available next to single-family homes. I have problems with anything that has to do with hauling. bus station terminal, motor keigN!erminal, parking lot, truck parking lot or structure commercial, auto painting, body repair, gas stationlservlce station, user: orrew car lots, muffler installation shop-anything that has to do with those kinds of things I think are offensive and are just not necessary in someone's backyard. I understand what Commissioner Powell was saying that we, and I totally agree, but I think there are plenty of things you can do in light industrial that are not offensive to homes, and there are plenty of them on this I1sl, but 1-there's quite a few here that I really feel very strongly About that should be marked off the list just to protect the neighborhood because that Is also one of our goals-Is to make sure that the neighborhoods are neighborhoods, and we do bring in mixed use b,rt we don't bring Into the neighborhood on lop of people's houses. I would like to go over this list it people ere willing to give you their ideas t know Commissioner Apple has a few of the r arms things I have marked down. Mr. Powell: Could I throw something in here? Chairperson Schertz. On, go ahead. Mr. Powell: Elizabeth, I agree with you that there are-I think the vast majority of people In the city of Denton feel just like you do, That's why I wonder why we write that into the plan like we do It's obvious, The citizens don't want k. Why do we Insist on putting It in there. I'm looking at you, Mr. Donaldson. I don't mean that personal. 1 don't mean that you stuck it In there. Why does City Council or whoever is writing that dad-burn plan put that kind of stuff in there. As I've explained before, you want to fill this room up, you talk about putting light Industrial along a single- family, You know, we can expect Mr. Turner here every time they're within a mile of each other, and I'm not saying you're wrong, Mr. Turner It appears to me like the vast majority of the people In this city agree with you. I don't, but they do, and by golly, the majority rules. I'm only making the point that when we look at that plan seriously for the last time, we should consider what the majority of people in this city really do want and not what we think they should want. And I've talked enough. Thank you. Cho. person Schertz Is this the last opportunity to po through this list, or when they come back at other times when we're addressing this land or other matters or is this n9 Mr. Donaldson: No. The final step In the PD zoning process Is approval of a detailed plan which would specify specific use on the land with a specific site plan addressing buffering Issues, landscaping Chairperscn Schema: And giving public an opportunity to respond? Mr Donaldson, Yes. Yes Public hearing Chairperson Schertz I mean, I guess that's where I'm going from of why we get into It now. Why don't we wall and sve what happens and then Ihal's-1 just want to make sure we have anothcr chance, an opportunity. That's just is thought since we do have another opportunity because I feel like once h begins to develop and we have more public input at that time, Fight now, everybody doesn't even know .hat's going on. We oo, but everybody else doesn t. Once he starts developing it h'il be easier to see and visualize, But that's just a thought. ~ Mr Martin I Just want to say something on that, I don't want-I didn't think Mark was trying to mislead you. 1 think he was talking about specific to this plan. But you are not going to be able to come back and change the concept plan Chairperson Schertz: Right 26. 32do a • • o Planning and Zoning Commission Minutes April 6, 1998 Page 36 of 67 { i Mr. Martin: The development plan Chairperson Schertz: Right. I understand that. I was talking about.... Mr. Martin You were talking about specific uses that he would try to bring In, Chairperson Schertz: Right-that he'd have to do before he could have it developed. Mr. Martin. Correct But not abiul the list that's on there, The future someone else could come In on. Chairperson Scherw Okay. The way I understand k is if we don't do anything at all, then a person has the right to come in and say they're going to build a cemetery. But vie have the right to say we don't want It and so does the public. kls, Gourdie; Right now. Chairperson Schertz, No. In the future. Ms, Gourdle I guess I'm under the Impression that when we zone this, that-well look, okay-because I can recall that we've gotten other light Industrial properties, and Ibts were given us excluding certain things. They had been marked off the list. I do revel Thal. And. so, I don't-so, what I'm saying is that when that list is done, It goes Into the ordinance and says this Is the way this place is going to be done and these light Industrial areas will not permit these uses. And that's forever until someone else comes up and wants to change the zoning on M. So, H we approve this with all this here, this goes Into it and if Mr. Shelton decides to sell it oN, we have no recourse we, whoever, because it's already done light indusb'al with all these options available to the person who just brought the land, Is that correct? Mr, Donaldson. At detailed plan approval, you could make the finding that that use for some reason was incompatible and they hadn't done enough to mitiga!e those negative Impacts, That would be an example of performance-based zoning. ChairpersonSchertz, Commissioner Moreno. Mr Moreno, Just a simple question, if I may. This Still Is a concept plan, is that correct? Even if a's.,. . Mr. Donaldson Yes. It's. 4 Mr. Moreno ...if ifs approved, it still.., Mr, Donaldson There are two additional pieces of Information that we've added to Ne concept plan. One Is the actual lengths of each boundary of each district and the scull Calculation of the acreage • Mr Moreno But it remains a concept p!an, end the next str,ge Is what? t Mr. Donaldson Development cannot occur until there Is an approved detailed plan. Mr. Moreno: Detailed plan. All right. Thank you Chairperson 9chertz Commissioner Engelbrecht, I r. Mr. Engelbrechl.. Weil, on one hand we could 'e' his go Forward. On the other hand, then that leaves the applicant Q ' In limbo, and it leaves neighbors In Single-family areas In limbo as wall wondering. Having been the neighbor In the y past, I don't like that at all-knowing that I'm going to have to cone 'tack down here a;a n. That's real hard and i then you've got to watch all the time When is the detailed plan Coming op7 Wl en do I have to come back? 27. • 10 rryy nn' ICA o ' .t Planning and Zoning Commission Minutes Al 8, 1998 Page 37 of 67 Chairperson So lz: Yes, but you're a public at that point. See, I' n sorry I'm Interrupting. Sul right now we don't have a public telling us-we're deciding, and I'm not so sure thal that's right. I'm not so sure that a better time Isn't when the public is Informed and they can be given notice and they can speak. I mean, right now we're making the decision for people that we don't even know who s going to be living lhere. I mean, k's just a different way of looking at it. Mr, Engetbrecht: Oh, okay. I don't view it that way. I can say-I do want to make a comment here with regard to this. I em very pleased to see that 1C foot buffer. This Is not a standard back to back. This is not right up to one another We have a 104oot buffer with a 6-foot wall and a minimum of three trees, one overstory, two underslory per 40 feet. So, this has a considerable, in my opinion, buffer over and above the standard. But having said that, I'd already asked about three or four items because I don t believe there's any circumstance in which you should put e petroleum product storage wholesale up to a single-family. I mean, that's storing flammable liquids in considerable quantities and that just, I Just don't see that. There are four or rive others on Il that, the same way, have absolutely got to be stricken. Tire retreading and capping simply because it's there-it that's mentioned, and people get ne~vous just seeing that on a list, Motor freight terminal and a couple of those, but I think there's certainly first off the ones that are-have larger quantities of flammable liquids. I don't think they ought to be there at all. And then I think there's a couple or three others that just-1 don't think we do those single-family residents a service by allowing them on the list. I'm just simply naming two of those-tire retreading and dance hall and night club. Thal's all I have to say. Chairperson Schertr. Thank you. Commissioner Apple. Ms Apple I'm In complete agreement with Commissioner Gourdie, and I agree with what Commissioner Engelbrecht said about this developer may have, you know, wonderful Intentions, but 20 years down the road when they've moved on, you know, we're going to be putting in place something that's going to be around for a long, long time. 171 defer as far as when we address these things, but I do want to make sure because I have probably close to 30 things on this list that I'd be very uncomfortable backing up to a single-family neighborhood Mr. Shelton You're lalking about backing up to a single-family neighborhood Are we Talking about some distance here that we're dealing wilb-100 foot, 200 foot, 300 foot or adjacent to, or.... Ms. Apple, Adjacent to. Mr. Shelton. Okay. Ms Apple. Pretty much in my view anyway, I really don't think I'd want a radioAelev4ion microwave lower directly behind my house or, like Jim was saying, and I know some of these things sound fanciful and far-fetched, but stranger things have happened, you know. I would be certainly against the auto painting and body repair-there are just a number of these things Thal would concern me, as I'm sure they would concern you adjacent to your home. \ Mr. Shelton That's right and I know the public forum Is closed but If t could.... Chairperson Schertz. l That's fine ! i Mr. Shelton You know. There again, we are laic In not probably going through Itemizing each and every one of ! these adjacent to the singtedamily, When I had discussions with Dr. Hersman and Mr. Hughes who's developing Wind River, you know, it certainly was my Intent and certainly their intent that we're not going to do anything offensive up next to their single-family or my single-family; and so, yes, you're right, I could sell This off. 1 could be gone, you know I could move somewhere And retire, but... his. Apple: And not ca -a • Mr Shelton. that's not our intent, Ms. Apple. I know. But you know what they say about.... 1 29. 017 Y.10 32XIO ,eraser Planning and Zoning Commission Minutes April 8, 1948 I Page 38 of 67 Mr. Shelton: And so I don't know how we, you know-in gong through a detailed site plan, when we come bac'. In here and, say someone purchases this portion of this 7-acre tract here, we're lalking about buffering. If y'all are not familiar with the land, there's a heavy stand of trees along this property rime. There's a heavy stand or trees along y the property line between the mufti-family and the residential. The perimeter with the exception of the north end of d i is very well freed. Ms. Apple: And that would negate the appearance effects, but [t would not negate the safety concerns that Commissioner Engelbrechl has and the noise.... Mr, Shelton: Certainly not and some of those things would be offensive, and we recognize that adjacent to 1. Without having to go through the detail. or if y'all want to, we're certainly willing to stand here and do it. But I, you know t don't know how we address It and maybe going to Council with 0, or something like that, we'd go ahead and take a real strong look at some of these Items and address that It the Council level. Wed remove X-number of items or whatever, or what's offensive- I don't know. I don't rainy-I'm guess I'm asking for direction on this thing. 1 hope we can get everybody's concerns met and move on with 8n deal. Ms. Apple, I think we are, loo. Thank you, Chairperson Schertz: I appreciate it. Mr, Shelton: If I could make one other brief statement. On the density on the apartments. I know Mr. Donaldson was recommending 20 units to the acre. I would prefer to see that at 22 units to the sere Chairperson Schertz, That was my understanding, also. Thank you. Commissioner Powell. Mr Powell: Mr. Donaldson, one of the most divistve times I've ever gone through In this city or ever witnessed-let me put it that way-was when Pep Boys wanted to build and they had zoning and we're giving zoning tonighL I'm just trying to give you where I'm coming from. The Council didn't want them to build and I don't know what Planning and Zoning did at that time. [ suppose [hat they voted it down, also. Jim may know. I'm not sure. But the hassle came because zoning was approved and they proved it In court apparently because they were able to build. But It was a very, very divisive linen, I'm worried about giving zoning if we're not clear on all the items we're giving zoning on. Yes, we could come back later, but when they came back later with Pep Boys, Pep Boys look the City to court and won because [hey 'had zoning' I don't know 9 these two things equate and if they don't, just say 'me and 1'0 Nish Mr. Donaldson. These people have had zoning since 1974 as light Industrial. The light Industrial district is actually a half acre smaller In this proposal than In the currently adopted concept plan. Mr. Puwell: So the-lo get back to what Jim said-the stooge for fuel and whatnot Is available to them right now. Mr. Donaldson. Correct i i~ Chairperson Scheriz, Without doing anything ! Mr Powell, Wthout doing anything. I'm not trying to make mountains out of that, Jim; I'm just trying to gat a handle on il. i Mr Engelbrechl No. That's all right. Mr. Powell Okay, That brings up my second question. Is there some way that Mc Shelton and his consultant could , 11 go back over this list and present It to us again without providing him hardship or heartburn end giving him time to look at It and coming back to us and then, maybe we could all spree on H and not have any more problems. Cm just 0 s asking this, I don't know JV , Mr Donaldson. That's certainly possible. There ere-keep In mind that you're making it recommendation to City I Council end City Council is required to have a public hearing a1 which elms they could voluntarily modify their list of permitted uses. I 29. , - - rho r 32xla 1 1 f ' 1 r r 1 r i Planning and Zoning Commission Minutes f April 8, 1998 Page 39 of 81 Mr. Powell: 1 guess what I'm saying is A we didn't make the recommendation tonight-Wo suppose we voted to postpone the recommendation until our next regular meeting Now, I have no Idea what kind of hardship that would put on Mr. Shelton. That may be none or minimal or it might be major. I have no Idea So, I think k's only fair to get him involved in this, but that might help solve a M of problems because he might come back to us with a list that ' everybody would say ?hat's great.' It would save a lot of hardship. Mr. Shelton, if that were possible, Is this something that's going-thal you don't want to happen. I'm just trying to compromise this thing out here and make everybody happy. Mr. Shelton: Yes, air, tt would-right now, contractually H. would effect us a great deal f , Mr. Powell: Okay. I understand that, Mc Shelton: Secondly, you know. I'm more than willing if the Commission is willing to take the time to stand here and go through them. I-secondly I'd give you my word that we'd modify this list before it got to City Council to where sluff adjacent to the residential would be modified to where we would eliminate rnost of the Issues. On the rest of the tract. I'd like to maintain the uses that are slowed in lighl industrial. And there again, that's fine. We haven't been back because we have been allowed this by present zoning and to we just didn t go back and mod fy o the list knowing that we did not Intend to do anything up against our single-family zoning dlstrkl. Mr. Powell: Mark, do you see an easy way out of this. I mean, you've got experience In planning and we're amateurs. Do you see an easy way out of this? Chairperson Schertz: Just a second. CommissionerEngel brecht. Mr. Engelbrecht. Can I Interject? I'm just going to throw out a suggestion here. I think that there's at least one or two lists over here with strike outs. I wonder If we might just give those to Ma Shelton; let him look at them; we nave on to the next case and come back. let him talk about M. and we won't have these folks sitting out here wailing for us to go through ;his one by one, He could probably make comments than about if there were some problems you all have heartburn with, we'd have a pretty small list, I suspect, to work through. I don't know. I'm Just throwing out an idea Mr. Powerl: Great idea, Jim. ' Ms. Apple, Goodlimesaver. Mr. Powell. You could continue to the public hearing. No, yrlve closed the public hearing. You could continue your action until other agenda Items have been completed and bring it back fac consideration them. , Mr. Powell: So moved. r y Mr, Engelbrecht: Second, 1 Chairperson 'chertz: Is that all right? Belore we go any further, Commissioner Gourd!$ and Commissioner Apple, would you just be willing to-are your lists ready to be shared? } Ms, Gouldie, Sure Ms. Apple: Yes. Chairperson Sehertz. Can I have them? Commissioner Engelbrecht, do you want to share yours? Does anybody i else want to share their lists, 0 k Ms. Ganzer: I'd like to ray something? ~F Chairperson Schertz: You may. . i' 30. w,1 A • r z4 . , 32 X abold h A , I i Planning and Zoning Commission Minutes April 8, Mil Page 40 of 67 Ms. Ganzer I think that we have to raalize, too, that a lot of these things are going to be something so-and-so might personally not like but some-we have to realize, you know, take under consideration that Just because one person doesn't like it, another person may like it. I personally feel that we should let Mr, Shelton look at the list in detail while we're-and come back to him later on-see what all he can mark off, and I know that he's going to mark off the ' things that he thinks are going to affect single-family. Ms. Gourdie said earlier that she doesn't want a cemetery in her backyard. Well, It wouldn't bother me to have a ceme'ory In my backyard. You know, to me these are more personal things, You know, you don't bother them, they don't bother you. Anothar thing, the slate of Texas won't even allow a cemetery to be built right now, any more cemeteries. 1 would like to just see Mr. Shelton go through in at this point, and maybe, if everybody else wants to 3o through it, but don't think of yourself just personally what you don't want. Because, like I said, what you may not like, it may not bother somebody else. Just remember that and try to be objective about it. Ms. Gourdie, I'm pretty sure I was very objective in that list Ms, Ganzer I'm just trying to make that point. Ms. Apple: Most people don't want to live next to a cemetery, Carol Ann. i Ms. Ganzer: Most people don t want to live across the street from a railroad track either, but they don't bother ma. Chairperson Schertz. Let me get this back on track forjust a second. The direction I'd like to send Mr. Shelton Is to f{ took over the list, see the recommendations we have made and let's be reasonable and fair and let's think about safety, noise-let's think of the big words-odors, fumes. What else are we looking for? You know, If one of these items falls into, you know, safety, odor, noise.... Mr Engelbrecht. Probably noise. Because we've got a 10-fool buffer Is pretty good. Chairperson Schertz: I'm just trying to simplify, i Ms Apple r. Maybe dangerous activities.,,. Chairperson Schertz, Welt, danger, I mean, t think.... Me Apple. Well, I don't know how to word if Not really dangerous, but.., Chairperson S&enr, Like what do you have in mind? Me Apple..questionable ecUlties. Chairperson Scheliz: Like what? n Ms Apple Like a Dar of something or sexually oriented business. • Mi Engerbrecht. Sexually oriented business can't go... I Ms. Gourdie You can't do, you can't 86 It off the list. Mr. Engelbrecht:...because the dislance lakes care of that Ms Gourdie' It's just one or those things r • Mr Shelton: A dangerous activity could be a Red Apple safe at foleys. v • Chairperson Schertz That Is why I am trying to get some more specific direction because otherwise we are not being fair to Mr. Shelton. rr , 31. 25 x 10 32X I CJ I C n I vNP. 'M2Jd Planning and Zoning Commission Minutes April 8, 1998 Page 41 of 67 , Ms Shelton: I think once he sees what we have marked off, because-I have a good feeling because I saw Commissioner Apple's and I am sure Commissioner Engetbrectht's is the same. I think he will understand exactly what we kind of feel might be against a neighborhood Integrity situation, that h would demean the neighborhood. think that he knows enough about developing and stuff to know that, and he lives there so he is going to know. ' i Ms Apple. And he is going to do single-family swim, loo, He does not want to.... Mr. Shelton: 1 have SF-10 and SF-7 backing right up to it. I have SF-10 on this tract. 1 Chairperson Schertz See, that Is why I am not loo worried, because you are not going to let anything in that is going to harm your development, Why don't I share these with you, and we will listen to next tine Hem. And then if you are ready at that time, we will open it back up again. I am sorry, I am;ust trying to Gear everything off so we can start off fresh. Again, to everyone will know what we are doing-we are temporarily postponing Item 11, and we will progress with item 12. When we conclude Item 12, then we will ask Mr. Shelton to come back and review his list and complete his line item at that time. 12. Sold a public hearing and consider making a recommendation to the City Council concerning the rezoning of a 1491-acre tract located on the northeast corner of Highway 377 and Hamilton Road from Agricultural (A) zoning district to Commercial (C) zoning district IZ•98.002, Lance Roberts, Wayne Reed) Chairperson Schedut I will open a public hearing and consider making a recommendation to the City Council concerning the rezoning of a 3.491•acre tract located on the northeast corner of Highway 377 and Hamilton Road from Agricultural zoning district to Commercial zoning district. Mr. Reed will be presenting this this evening Mr. Wayne Reed presented the staff report. Mr. Reed. Thank you, Madam Chair, and good evening, Commissioners. This is the second public hearing for this case before you tonight As you all might recall, back on March lit, the Planning and Zoning Commission postponed consideration of this rezoning request until tonight. This was in order to provide the nearby residents who were present at the March 11" meeting an opportunity to neat with the applicants to consider some of the developmenl Issues of this property. in addition, the Commission required staff to post signs on the property indicating a zoning change as well as a neighborhood meeting. Both of these requests have been fulfilled. In your package, I Included an Enclosure 8, pictures of the signs that were posted on the property. There were three signs that indicated the zoning hange, there were two signs that talked about the date, time and place if the neighbofiood meeting I posted those originat'y in March 234, and due to strong winds which blew all rive signs down I reposled four signs that I could find, two that Indicated the zoning change and two that Indicated the roghborhood meeting That kind of demonstrates why the Planning Department Is considering a new policy for posting signs on properties, Chairperson Schertz. Or just not putting them up during the month of March, right-the windy month. Mr. Shellon • has lost his glasses. You don't see them up there by any chance, do you? Mc Reed No, I do not, Chairperson Schertz, Okay, thanks, I did not mean to interrupt. V n sorry. d; Mr. Reed The neighborhood meeting look place on March 310, which was Tuesday of that week. I would like to, at this fime, correct my staff report where H stated 11 residents attended the meeting. It was pointed out to me earlier 0 today that there were actually 13 people on that list. So In my haste to prepare to report I counted Ilia lines rather than the people, $o, there were 13 residents at the meeting along with the two applicants, Jeff Erickson and Q Lance Robe Is, who are here lonight. Also, I will divert a little bit and say, because the applicant has closed on the properly since the last public meeting, one of the two responses that have been received cut of the four that were mailed to property owners within 0-feet is somewhat negated. One of those responses was from the properly owner at that time, who was Joyce Fry . So, essentially what we hove Is one response In favor, none in opposition. 32. 32,XIO Planning and Zoning Commission Minutes April 8, 1996 Page 61 of 6) Mr. Powell: We have already cast ours, Chairperson Schertz: Well, that is because you all are faster down there You all )ust faster. We have got that done; voting is complete, and I will display the results, Mr. Powell. Wow. l Mr. Moreno: We are ail asteep. Mr. Powell: We are all absent. Chairperson Schertz: Who did that? Ms. Holley, You did; you hit the start voting a second time, and it marked everyone absent. Chairperson ScherU Well, you did(t have to announce it to everybody. Mr. Engelbrechl. You know, anytime we go past 11:00 p m., this thing quits. It has done it slavery meeting. Chairperson Schertz: All right; It will be okay. We are going to-)ust a second-if everyone would please cast their votes again. Mr. Powell: Here we go. Watch me do H. And really, I am here-1 am not absent Chairperson Schertz, No, I do that. Okay, voting Is complete, and I will display the results. It passes 6.1. IS -1) Chairperson ScherU And that concludes that line item. Mr. Powell If I might comment to Mr. Roberts end Mr. Erickson-I really was not trying to deny you the zoning it may have looked that way back when I made a motion to deny it I was trying to gel the air cleared and get ft fluor moving. Mr. Engelbrechl, Madam Chair, if I could. I would like to comment on Mr. Powell's earlier? ChairpersonSchertz: Yes, ilr. Mr, Engelbre0it With regard to straight zoning, It does not seem that we have any, My number of yesre on here, I do nol think there is such a thing, I honestly do not Mr, Powell: I undersland, ,v Mr. Engelbrechl And every piece of land Is different , There are different uses surrounding k; it Is on different topography; it has different traffic polorrts The applicants have different wants and needs, And you have to Bing all of those things together; hopefully-at least what I have always been please wlth--is the fad that there has always been en attempt by the citizens of this community to try and bring all parties for;Nher. And that usually 1 requires that everyone of them are different and requires a lot more Gme by staff, by us, by everyone else; but 1 realty think that we ccme away-hopefully, most folks-3 little more satisfied, other than Mr, Powelh Mr. Powell '•vna' you are realty trying to do Is get me together with the concept that Vert Is no such thing as straight zoning Chairperson Schanz. At this time, we would normally take a break, but ff we could keep imp ing? Mr. Shelton. Mr. Shelton: I will try to be brief. %.V All Chairperson Schedr Well, we have had sort of a practice run-through while you were pane. So we are . 33. t. a. x 10 32XIO MEN= ti asssaa 0 aeaes~-x I ' Planning and Zoning Commission Minutes April B, 1998 Page 62 of 67 Mr. Shelton: We do hav3 a lisl. If I could make a suggestion? Chairperson Schertz Please. , I Mr. Shelton: That maybe we could get a motion to recommend the zoning with slalf recommendations with Item 1 being changed to 22 units to the acre and odd Item 6, which would Include light industrial being restricted to the following permitted uses-or maybe the following excluded uses within a 100 feet of residentially zoned property, and I will list these excluded uses Chairperson Schertz: And these are the onr,, that we will not allow lobe...? 4 Mc Shelton: Yes, ma'am. Mr. Powell: Within a 100 feet, Chairperson Schenz: Wthin a 100feel. Mr. Powell. I was just making sure that we understood what you said. - Mr. Shelton: I said within 100 feet. Chairperson Schanz: That Is kind of normal. Before we go any further, wait a minute-go ahead. Mr. Gourdie: I am sorry, but odors, noises and flames travel further than 100 feet. If this is the case and It Is going to be I'.miled to 100 feet, then this is a moot point. There Is no reason to do this because the 100 feel means nothing in the scheme of things, If we are going to limit, then I say I am sorry to put you thnag'r this, but in my mind the whole purpose was to eliminate a possibility of the residential homes being Infiltrated with objectionable objects- fumes, noises, flames-if somethlno was to blow up, so.... Chairperson Schertz: I thoughtd was being built? Am I notfollowing? Mr, Shelton: I am talking about a structure itself. Chairperson SchenzYes, I am, too. Ms. Gourdie: I am sorry; whal7 Chairperson Schertz: I think Ihsre h some Confusion, but I am not sure. What 1 understood Mr. Shelton to cry was that it would not be built within a 100 feet. Ms was not trying to say that It would not..,. Ms. Gourdie, I understand that, but built within a 100 feet still means the same thing to me. It is Hill-I em sorry; I 1 ;r what, sir, Mr. Shellom What would you recommend for a distance? t Ms. Gourdie: Zilch, In that light Industrial area up ogainsl-I do not know; you all go ahead and decide,.,. Nis Ganzer, Are you talking about the entire light Industrial or just backing up to the residential? Chairperson Schertz Are you talking about the entire light Industrial? That is what I thought we were i Ms Gourdie That 7.36 acres, I believe, should not be permilfed Into Certain lig`d Industrial opportunities. I just feet 4p that that 7 acres that he has got is butled up to the SP•... Ms Ganzer, This one right here? Me. Gourdie: Correct-up against homes But If I rn sunderslord, I misunderstood. 34. ' - 25K 10 32x1❑ eaaaw I I J 1 I E Planning and Zoning Commission Minutes April B. 1998 Page 83 of 87 Chairperson Uherk: No, t think "I we are close to being on the same page. But what you are saying is that just I in that little strip-if you do not mind showing us that little strip so that we all know what we are talking about. Correct, Commissioner Gourdie? Ms. Gourdie: Correct. Chairperson Schertz: Okay, what I hear you saying is I do not want any of these items he is getting ready to list touching [hat areal Ms, Gourdie: Right. Chairperson Schertz. And what you are saying is I Just do no[ want It built within a 100 fee[ of N; right? Mr. Shelton: Right. Chairperson Schertz, You all take over. Ms. Gourdie: Commissioner Apple, did I misunderstand? Ms. Apple: I was thinking the same thing. I was thinking that they were looking at It as this would be things they would not allow-that they would agree to not allow in that area. I did not realize that.,. Chairperson Schertz: But what area-you have to define area, Ms. Apple, The light Industrial area. Chairperson Schertz: The whole area? Ms. Apple: That Is what I thought„ . Mr. Powell. That Is what they are thinking. Chairperson Schertz: Oh, no; you cannot do that. Ms, Apple. That abulted-that was adjacent to the SP-10. Chairperson Schertz: Well, that Is two different things -the whole area or what just abuts to that one little area? Mr. Powell. Well, the whole area abuts. { I! i i Ms. Apple Yes. Ms. Gourdie, Well, actually N does not. I Mr. Powell Sure R does. 4 Ms. Gourdie, Well, this is up against the frontage of the road. + Mr, Powell. Yes, but there Is single-famil; hack here. ~ f Ms. Gourd e: My mistake then; but 1 really have serious problems now Ms. Apple, My mistake, too. Ms. Gourdie, Go ahead, You all decide; y^u folks choose what you would like to do. If you would like to forego this whole thing and move on with the situation or you really bereve Nis Is ImpoAant, l 35. 10 a~Yl , GGy 25 ~ 7 32X y, r r Moscow o l Planning and Zoning Commission Minutes April 8, 1998 j Page 64 of 67 Mr. Powell: I would like to hear Mr. Shelton's proposed motion in total and then I think we need to decide whether or j not we want to make that motion. Is that stair deal to the rest of the board? Chairperson Schenz: That is what I would recommend Mr. Moreno. Absolutely. Mr. Powell: Go ahead, Mr, Shelton; give us your proposed motion-obviwsly. you cannot make the motion you: can only propose it. Mr. Shelton: I was just trying to speed things up... Mr. Powell: I understand Mr. Shelton, ...trying to clarify things. We had a long list of things that we were going to take out when we were talking about adjacent to single-family. Mr. Powell. And your definition of Pdjacent is 100 feet or less to a single-family zoning? Mr Shelton: Well, I am arbitrarily throwing that out. Mr, Powell, Sure. Mr. Shetton: I am certainly not throwing out the whole site. j Mr. Powell: We understand; go ahead. We have got to have somewhere to start. i Mr. Shelton: Okay. Once again-I would ask to be approved subject to staff recommendations with the exception of Item 1 allowing 22 units to the acre for multi•famiy, adding an Item 6, which would restrict certain items li:led under light industrial zoning district to be, I guess, disallowed within 100 feet of a residential area Mr. Powell. Read those items, sic Mr Shelton. Okay: now you want the Hems? Mr Powell. We have got to-there is no other way to do this. Mr Shelton: I just did not want anybody to throw rocks at me to start with here. 1 Mr. Powell: Well, you can duck. Just read them. Mr. Shelton: We will start with the cemeterylmausoleum-these win be Hems that we wIll take out-group homes, halfway house, home for alcoholic, narcotic and psychiatric patients, electric generating plant, elac* substation. j . We had a question on electric transmission line-4 that Included just residential transmission goes or whether we are talking about those big overhead transmission lines or that is not very clear. Obviously, we are going to need electricity so.... i Mr. Powell. We are going to assume the big overhead lines, sir. Mr. Shelton, The big overhead lines we do not want, Gas transmission, radiololevision microwave lower, sewage { pumping plant, water reservoir, water pumping station, water treatment plant, amusement commercial outdoor, Indoors we did not think would be offensive, dance hag or night club, fair ground or exhibit area, sexually orientated business, slaNe private club, stable commercial rental, stable boarding, theatre drive-in, theatre other than drive-in 0 type, airport landing geld, bus station, hauling or storage, motor freight, parking lot, perking lot or structure commercial, auto laundry, auto painting and body repair, auto sales and repair, gasoline service station, new auto parts service sales, new or used car sales, seat cover and muf ier Installation shop, fire retreading and capping, 1 used auto parts sales, cafeteria, On down to household appliance, serviceend repair, off premise beer and wine, on i 36. i ~ ~ V Ii 32X 1 . 0 1 1 OUR" Planning and Zoning Commission Minutes I Al 6, 1998 Page 65 of 67 premise beer and wine, licensed private club, pawn shop, restaurant, toot or trailer rental, animal pound public or private, bakery, cabinet or upholstery shop, cleaning and dyeing, cleaning plant clothing manufacturer, contractor shop and storage, engine and motor repair, heavy machinery sales, laundry plant, milk depot, paird shop, petroleum product storage, storage and sales of furniture and appliances and outdoor buitdmgs, transfer of storage bays terminal. Chairperson Schertz: Thank you, I think that that was quite an adequate list. Mr. Powell: t would move b' ruggested MD"-r! Chairperson Schertz Yes, sir? Mr. Powell: 1 am going to make a motion that we-I em moving the suggested mourn. Chairperson Schertz: Do I have a second? Mr, Moreno: f will second Chairperson Schertz: Is there any discussion? Mr. Engelbrecht: Could I ask a question of staff, please-just one question? Chairperson Schertz' I am getting ready to use my authority and my power. No-yea, you may. i am getting real close. Mr. Engelbrecht: What would be the building setback line along this area? I am just curious, along this 60-foot road. Mr. Donaldson: Actually, our code would only require 10 feet on the side or rear and 25... Mr. Engelbrecht. Twenty-five on the front? Mr. Donaldson. ...I believe on the front. Mr. Engelbrecht, Okay, just cur'rous-thank you. Chairperson ScherizCommissioner Apple. Ms. Apple', Could we have-not all the list but could I have the motion, the suggested motion, one more time? Mr, Shelton: Yes, ma'am. Mr, Powell. W shout all of that list . Ms. Apple', Yes, Ms Gourdle: He should not be doing that, Should one of us be doing Ihat7 j Mr. Powell Well, he suggested it. We are just going along with what he has suggested here. Ms. Apple, Elizabeth, you are absolutely correct Mr. Powell, Somebody read the suggested motion. ` Mr. Donaldson, The motion as I understood 11 was to approve wllh staff recommendallons with the exception that • condition one be alerfd to read the density of no more than 22 units per acre and that a sixth condition be added that limits the list of permitted uses as described within 100-feet of the adjacent single-family resldentisl property, G 37. Olt %ti`F.`f 25 x 10 32 x ❑ vrer►1. o arsnw Planning and Zoning Commission Minutes April S. 1998 Page 66 of 87 Mr. Powell, That was my motion. Was that what you seconded. Rudy? i Mc Moreno, Yes, sir. Mo. Powell. Okay. Ms. Apple' I Just wanted to make sure that I understand what I am voting on. We are voting on the I'it that he Just went aver-Inslead of excluding them from possibilities, just putting them into a 100 foot.. Mr. Powell. ...exclusion. i Ms Apple, Okay. I Chairperson *cheru: Correct Ms. Apple Thanks: I know what I am voting on. Zhairperson Schenz Commissioner Gourdie. Ms. Gourdie, But we are also voting on approving the whole thing, loo--correct? Chairperson Schertz, Correct Ms. Gourdie, Are we open for discussion? Chairperson Schertz Yes, I am sorry. I thought that that was what we were doing Ms Gourdie: Lkay. First and foremost, t am going to be voting against this and my masons being-one, we increased density in retail, office ,nd multi-family and this area cannot support more mule-family, I Uvly beh:ve that right now we are In a bad situation with our schools coming up. We are in a bad situation with trees coming up and I recall ve y clearly the conversations about this road being extended-Wind River to alleviale some of the traffic on Lillian Miller. But no. one has ever brought up the alovation a to when everyone Is coming back from Dallas-where are they going to be, the; are going to be coming on Ulfian Miller; they are not going to be on this road. So, this read really does not alleviate traffic for Lillian Miller-it does maybe In the morning, but in the afternoon It is going to be hellacious, We are going to have horrible traffic situations. Secondry, again, we are moving multifamily up from 20 to 22 units per acre-and again, this to me Is very delse In this area, and I do not see how we ere going to support our Jiildri education without land and a schot 1 1 do not see how we are going to gel people to and from where they v ant to be. I haves real hard time with this I ght Industrial being up against fari homes I would not mind it N 8 wit revrorked to where the light Industrial was more Ic vards the froli end maybe we case multi-family as a buffe I Just do not think that this 'is good tituatioi i for the area, so I will be voting against this A Chairperson Schertz: Any other d'scussion7 Mr, Enge'orecht: I have a question, I have heard two thimgs with regard to this motion. I heard the applicant, IN Shelon, say witnin 100 feet of residential. Than I heard Mr. Donaldson Bay within 100 feet of single-fanely, 1 may ha,. l Just misunderstood and I wanted to gel a clarification as to what this 1110-foot rule Is referring to. Mr. Shelton I was referring to single family. Mr. Engelbrechl Okey; Just wanted to make cure i we-because there Is a difference, considerable difference, y' Mr. Powell, My motion was meant to be single-family. Is that what your second was, Rudy? ~ • i Mr. Moreno, ,es, sir, Mr Powell, Thark you. Ji 38. 10 32 'x 0 _ . . ~ -vex r O ; . r r, r .udsNamw ! Planning and Zoning Commission Minutes April B, 1998 Page 87 of 87 I a Mr. Engelbrecht: Well. you had made a motion of whet Mr. Shelton said, and I had heard two different things. Mr. Powetl: I understand; but I amjust ssying what I meant Mr, Engetbrecht Okay. Chairperson Schertz: Motion has been made and seconded, We have had discussion; is there any other i discussion? Seeing none, If everyone would please test their votes. The voting is complete and I vdll now display the results. The motion phsses 5.2. IS -2) Chairperson Schertz: Thank you for your time No evening E % , (j r t 1t I 1 ~ 1' I r r.1'. j • C ~1 'rl ' yy1L I ! . i r Aa2046898M I NUTES-Excerpted , a w ~ 39. AA y~/ y, AA Ja at~ X L ,SR,. I. 1 45 K ~ 'i7M,~ i. V aatzsc+o, • Bob ATTACHMENT S e kjE N T E R P R I S E S me 3 i April 9, 1998 Mr. Mark Donaldson Planning Director Cit., of Denton 221 N. Elm Street Denton, TX 76201 RE: Zoning Case Z-98-014 Dear Mark: Here is a list of the uses in the LI Zoning District that will not be permitted within one hundred (100) feet of the Single Family Zoned Property abutting the Unicorn LakF Tract. Cemetery r Mausoleum Group Homes Halfway House Home for Care of Alcoholic, Narcotic or Psychiatric Patients Electric Generating Plant Electrical Substation Electrical Transmission Line Gas Transmission Line and Metering Station Radio and Television or Microwave Tower Sewage Pumping Station Water Reservoir, Water Pumping Station or Well Water Treatmen~ Plant Amusement Commercial (Outdoor) Dance hall or Nightclub Fairground or Exhibition Area Sexually Oriented Business Stable Private Club Stable Boarding Theate*. Drive-In Theater Other Than Drive-In Type Airport Landing Field or Heliport Bus Station or Terminal 1 Hauling or Storage Company Motor Freight Terminal Parking Lot Truck Parkin Lot or Structure (Commercial) Auto Laundry (see next page) 150S Teasley Lane Denton, TX 79201 10. 213.3M • Fu (940 390.1107 1 I i e~'~'f"` ` 2 5 03 X 1 0 I' r. a.....,..s:.........,...,.....~..,..«,......:. , (continued) Auto Painting and Body Repair auto sales and Repair (in building) Gasoline Service Station " New Auto Pasts Sales Stores New or Used Car sales lot (in open) Seat Cover and Muffler Installation Shop Tire Retreading or Capping Used Auto Parts Sales (in building) Cafeteria Household Appliance Service and Repair l off-Premises Sale of Beer and/or Wine k On-Premises Sale of Beer and/or Wine Licensed Private Club Pawn Shop Restaurant i Tool or Trailer Rental Animal Pound, Public or Private E Bakery Wholesale Cabinet and UFholstery Shop Cleaning and D}eing Plant Commercial Cleaning Plant, Bags or Carpets (special equipment) Clothing Manufacture or Light Compounding or Fabrication Contractors Shop and Storage Yard Engine and Motor Repairing Heavy Machinery Sales and Storage Laundry Plant (Commercial) Milk Depot, Dairy or ice cream Plant Paint Shop Petroleum Products Storage - Wholesale Storage and Sales of Furniture\Appliances Outside a Building Transfer, Storage and Baggage Terminal Feel free to call if you have any questions. i . Sincerely, Bob Sh lton BOB SHELTON ENTERPRISES BS/lcm i C 1 L r J 1 v 1 I 41. ^w y I ! a d 1 r 10 [Amu •rar.a®a s r o , i ATTACHMENT 6 The Denton Plan Relevant Policy Document Consistency The following policies from the Policy Document of The Denton Plan support or are supported by the proposed development: Growth Management Strateav 4, Land uses should be balanced to maintain a diverse economy and a well-proportioned tax base. The city will provide opportunities for the development of a full array of land uses within the city. 6. Zoning should be used as originally Intended, to address extreme incompatibilitles between land uses. Zoning should be used to Identify performance standards that allow land uses in defined districts based on their ability to mitigate potential negative Impacts on neighboring properties. A reexamination of the use of zoning as a planning tool should be conducted to ref act community values successfully 7. Development guidelines should be established to allow a wider range of land uses to coexist within close proximity to each other. Site design principles, aesthelic guidelines, and construction stardards should be investigated as possible tools to promote land use compatibility and encourage developmental diversity. Iransportation System 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 least four lanes, with left turn lanes provided for all major intersections, Collectore shall have at least one full lane In each direction to carry traffic to the arterial system, 7. The transportation network shall be designed to optimize the emergency routes necessary for pollos and fire opera5ons and to promote effic ant delivery of services such as mall and solid waste, 10. The Denton Ti ails Plan should be adopted and the network of sidewalks, bike trans, end grcenbefl paths should M Included Into the Capital Improvement Program for funding. Development shall address this network by dedicating rights-of-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. Stormwater Drainage System L Floodplains shall be dedicated to the City In accordance win the City's watershed management plans and the Parks end Recreation Strategic Plan. Floodplains should perfomk multiple functions for flood conveyance, transportation (trails), recreation and open space, habitat protection, and environmental preservation, 3. Drainage Infrastructure for new develooment shall vnform to City council approved watershed management plans that add mss both water quality and quantity Issues, Including giving guidance on where natural versus Improved channels end rural versus urban drainage systems should be located. 7. Regional detention shall be mple rented versus onslte ponds eccordirg to the approved Watershed Management Plans. The City and developers will be required to combine resources and create partnerships to satisfy regional detention plans. Water and Wastewater System 4. All water distribution inlrastructure and wastewatet conaction infrastructure extensions to residential and commercial development shall generally be the responsibility and expense of the developer, f 7. The City should promote Infill Infrastructure Improvements over new line extensions that expand tM geographic coverage of the Citys infrastructure syste s. i ~ctric System i ~ 5. All street light f xtures In new developments shall be In compliance with Gty specN'aations. The Ch; win use municipal lighting fixtures that dlrecl illumination efficiently, reduce potential nulspnce Ilghtl problems, and enhance views of me niph,t time sky, 6 Developers are required to adhere to the City's outdoor nghli'g porickea. Any additional expenses incurred as a result of approved variances from this policy shelf be borne by the devsfos'er. 0 , Ms and Riacreation 2. Parks and open spaces should be located In or adjacent to floodpfalns, where possible, to aid in floodplaln conservallon efforts and to enhance recreation opportunW, Such areas may be developed with recreaton factlNes W set aside as open space to preserve gems" areas. r k~, i4b NW ^,~r ~rrlrP ri rl {rl q(rll rr~l7rW 42. 2.J Y. 10 32XI❑ J srsarr~s % e n a f 3. The City should ocqulre end develop parks In combination with other public facilities to achieve cost-effective de9very of public services. Park property could be developed jointly with facilities such as new schools, sbnn water detention basins, drainage channels, Are or poke substations, or ILraAoe. This policy should not contradict the spafal distn'bution oblectlves deten Cned by the Parks and Recreation Strategic Plan. 4. In order to ensure the reasonable d Vitbuticn of public parks in accordance with the Strategic Plan, residential developers should provide In their projects !and for Ns ~h ~rtwod parks sudlcicnt to meet the needs generated by their development, or provide an ahernative strategy b a4sfy this demand. £nvlronmental Quality « 2. Environmental protection Is an Integral consideratle.i In the development of policies conoemli g soonomle growth end community development 8. Denton shall take a leadership role In shaping and Implementing federal regulations and programs for water quarry issues including stormwater discharge and erosion control. Neighborhoods 2. Land use poWes that encourage a mix of uses should be investigated to offer a range of benefits to residents end the entire city. Standards should be developed to ensure well-dealgned mlxed-use projects for undeveloped property, Including the mitigation of any potential adverse Impacts on existing neighborhoods. 3. Usti ng neig hborhoods should be protected and preserved. 4. &-ycle and pedestrian traffic within and between neighborhoods should be encouraged to promote public safety and reduce vehlcis use. Housing 1 1. Alternative types of housing that rsspond to the differing economic and indivldual life-styles a Denton's citizens should be developed in all areas of the city to achieve balance and 6vereRy. All people who work In Denton should be able to live in Denton. 7. The need to provide a sulk amount of land to accommodate housing demand should be balanced by ft desire to maintain compact urban patterns. 8. The range of housing types available for the speclaszed needs of tits elderly, disabled, low income, students, single-person, of female-headed households should be acknowledged as pat of a strategy to diversify our neighborhoods. 9. Areas where higher housing densities are allowed should be supported by the evailablity of employment, commercial services, pubk utilities and facilities, and transit, pedestrian, and bicycle systems. _ r Economlc Diversification 1. The cly should encourage a strong, diversified, and edf-sustaining economy, crestlng a wide range of employment opportunities, enhancing local ownership opporhmitles, and expanding me tax base of the city. 1 j 1I T G + I I 1 t ~ l 1 r r :1 y . i 1 , ry'~. 1 'i NI AA uw, en 1 r 1f, pArl., f 1 •1,r, P4 PP MAX 43. 1 r, ;t k'1t . 2 5 x 0 3 2 x i d c ATTACHMENT 7 Transportatioti Dept Memo T« Mayor and Members of the City Council A w Jerry Clark, Director of Engineering and Transportation f Ed Hodney, Director of Parks and Recreation j Daim 05107198 m Uni-4m Lake Unicorn Lake is an existing private lake located northwest of the Denson State School and west of the Brier Cliff neighborhood. The existing lake surface is greater than 20 was, As you are aware, there have been numerous zoning and platting requests in this area Our first interest in Unicorn Lake was for a regional detertion facility. The discussions about this potential flood control lake quickly moved into designing in to incorporate multiple uses such a park amenities, greenspece, and finally into addressing water quality issues using wetlands as part of the overall design. Carter and Burgess will design the food control structure if the City Council approves a contract in the May 19 agenda. Using the large lake surface and creating sorle storage depth below the level of the proposed dam strictures can easily provide detention. A neighborhood park is proposed for this area. As per Ed Hodney, about 3.0 plus acres of dry ground is needed. That tend would be used to build a playground, picnic area, and parking. The area will be located adjacent to and down stream from the street that will cross to the proposed single family area of Mr. Shelton' s development. Mr. Shetlon's dedication of the lake/park tract exceeds the park land dedication requirement of 3.3 acres, Note that the 3.5 acres mentioned above for facilities would be complemented by a large walking trait (6'to & wide estimated) of about 7 acres that would traverse around the lake. The issues of addressing water quality resulted from the developer and pinks wanting to keep the lake partially full which makes n a retention lake versus detention O (temporary slorage but dry normally) lake. Howard Martin asked the Environmental Sciences Department at LINT led by Ken Dickson and Bruce Hunter to provide us • Pape 1 44, Q 32X o a , a 0 r ' r .•'pn:^4`M'VYTthI.CWM'A'n.A ..NY4N. nn. 1 Ir I some reoommendatarm for water quality design features. The attached figures end backup detail those reoommendaftu. The vision for this project could be desa bed as fdlows: r A lake that serves as a storm water retention structure while meeting the recreation needs in an environmentally sound manner, provktng opportunities for t fislung and environmerhtef education through an Herpn" park setting. Birds would be especially attracted to this type facility during their migration each year A neighhbortood park for the new community around Unicom Lake, This park vould reptaos Brier Cliff Park on State School Read. Brier Cliff Is leased fiom the Stale for a tern of 5 years, preventing lorVerm capital improvements. The current bond program Includes $80,600 for no4 bahood perk Improvements to serve this area. The Parks Strategic Plan targets this area for neighborhood park aoquiMon and development. Note that the park would provide the standard playground amenities but be enhanced by a 1.5-mile greer~beHllrlce and bike trail that would a connect Mid River Estates, Sundown Ranch and the Urroorn Subdivisions Including looping around Unloom Lake. Retention would be provided regionely in the most cost effective manner using proven design methods like the North Lakes Flood Control Dams in Norttwesrt Denton. The retention would be designed to be oompatible with the Wetlands that would be incorporated on each and of the dear poci take. The UNT Attadynents provide these details. Water quality would be addressed for the storm water ban that drains d'redly to the inlet stnxVe for tjhe City of Denton Water System on Lake Lewisville. The proposed vision for Unicom lake will provide a multi purpose facility that will enhance tho quality of life for all of Denton. a° t 'Y ' a * Pq* 2 s' <5. ' i b 25 x I o 32'x , A Brnef Its of Unicorn Lake / Wetlands Concept Recreation A small park (playground) and parking can be located north of the inlet wetland. This facility can be designed to incorporate natural features of the surrounding wetlands. For example, the inlet channel could run through the park. An unpaved watking/jogging trail can circle Unicorn Lake providing approximately 1 mile of superior views and a variety of terrain. Fishing opportunities can be incorporated into the wetland and lake designs, These could include small dirt jetties (peninsulas), low water boating, and other shoreline areas. The lake's bothymetry should be designed so as to provide refuglo for fish during low water periods, food and cover in littoral zones, and passage for spawning if necessary. The "natural" vegetative buffer around t~e lake and wetlands will substantially improve the overall aesthetics of the surrounding neighborhoods. The buffer zone on the multi-family shoreline (north side) should lie merge smoothly with the private property and be somewhat groomed to provide a pleasing transition from a highly groomed lawn to a natural lake setting, Along the southwest shoreline, an existing post-oak forest offers a more natural experience for the residents and lake visitors. All efforts should be made to preserve this wonderful asset. I Education • The entrance park can have an interpretive trail that tells the story of the surrounding wetland, focusing on the wetlands ability to provide both water quality improvements, storm water mitigation, and wildlife (including hunan)hobitat. Signage at the various points along the jogging trail can provide information about 0 the project, its goals and the partnerships O f that made it possible. Educational signoge can be developed for the loop truil, providing a more challenging experience for older school ag-i children. 46. 32 x l O +P 0 7 t Local elementary and middle schools can use the area as an outdoor learning area. Suitable activities can be developed and introduced in the classroom, then implemented out on the trail. High school classes could use the area for more advanced environmental science activities such as monitoring water quality, fish and wildlife and vegetation. The southwest shoreline is the site of a beautiful post oak forest that would offer an excellent educational opportunity for school groups and community members. Seldom to urban dwellers have the opportunity to experience op,an water, wetland and upland forest within their own backyard. Water Quality A pre-treatment sediment trap should be located above the entrance park to reduce peak sediment loads into the lake. Water entering the sediment trap should be spread out to facilitate sediment deposition. The uppe+ wet' end should contain emergent vege*ation that slows the water, allowing particulnte material to further settle. This area also acts as a biofilter, reducing concentrations of many storm water contaminants and thus improving water quality before it enters the main body of the lake. This is a very important to maintain the health of fish living in the lake. The sediment trap and upper wetland are very important for the longevity of the lake as storage for storm water. The sediment trap and wetlands can be cleaned of sediment for more easily than dredging t! a lake. Further reduction of fine particulates will occur in the main body of the lake. The lake's longer detention time will further facilitate the breakdown of storm water contaminants, The lower wetland will further improve water quality by reducing particulate material that my be present in the lake such as fine particulate material and algae. During storm flows, lake sediments may be subject to resuspension. The lower wetland will reduce turbidity associated with o resuspension and bioturbidity. 1 i i 47, w 10 32XIO o 0 f . 3 ~ wE i ® ~ t S'.e4 1 ~,1 eel 4 4 A ratural buffer exists on the southwest shoreline (post oak forest) which should be preserved to trap surface runoff from the adjacent developments. Storm water runoff rrom developed areas on the north and south sides of the lake should, if possible enter the waterway through the wetlands to prevent contamination of the lake. i i Storm Water Storage Storm water storage is provided primarily by thc lake. Under normal condition, the surface of the lake should be lowered using the variable height outlet. During periods of heavy rain the variable outlet can be adjusted to contain additional storage. The lower wetlrnd, under normal conditions, should contain a water level of approximately ! ft. to facilitate aquatic plant growth. However, during wet conditions, a variable height outlet could be adjusted to contain additional storage. Water from the lower wetland should be released as soon as feasible to prevent killing the vegetation. The lake le; el can be maintained at a higher level for a longer period of time. The north and south shores of the lake should be designed to allow for a change in water level. Certain grosses will withstand temporary flooding and could be used to maintain an attractive shoreline and transition into residential areas, E . ,r . rf taw',,'', ~ I Fm:~ PY,lry~t('rA l'.• l`~. r M j I ~ ,r r'1.♦~~i;~4.~,,..♦ Le c _i~ 2:.7 .v. a,'. '.L 32X o , o ' E. Unicorn lake Development Pro osal LI LI .I MF horolne r: rr SF-10 it i 49. rlx ..Sian 25". 10 32xIa S s o r y y Cross Section of Conceptual Design (A•nTrans") I i i A t3 i U r Welland Rock Face Venable Height outlet Venable Height Outlet Storm Water Stange to Storm Water Stange !t. Deep Ufa Aerlation for • .........................'I.•w.~M..............................~....~ Additional Storm Water Staepe r e kww naps r c rr■ r tourer Wetland Deep, Open Water Staepe (2 R. Deep) , 10 32 x I ❑ 4 s &AMR , \'d'H-LGL`YS)[,i Sl[ARrD.D6Pr[CiCUur [kkum.+ ATTACHMENT 8 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO ORDINANCE 74.34 TO APPROVE A CHANGE ON THE CONCEPT PLAN AND APPROVING A DEVELOPMENT PLAN FOR 136.365 ACRES OF LAND CURRENTLY WITHIN PLANNED DEVELOPMENT DISTRICT TWENTY (PD-20) LOCATED ALONG THE SOUTHEAST SIDE OF INTERSTATE HIGHWAY 35-E BETWEEN LILLIAN MILLER PARKWAY AND STATE SCHOOL ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, Bob Shelton Enterprises, on behalf of Denton Security Investments, initiated a request to amend an approved concept plan set forth in Ordinance 74-34 and adopt a development plan for 136.365 acres of land currently within Planned Development District Tw'cnty (PD-20); and WHEREAS, on April 8, 1998, the Planning and Zoning Commission recommended approval of an amendment to an approved concept plan and approval of a development plan for 136365 acres currently within Planned Development District Twenty (PD-20); and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan and Policy Document; NOW THEREFORE J THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTIQ1N j. That the amended concept plan and development plan of the 136.365 acres of land within Planned Development District Twenty (PD-20) described in Exhibits A and B, attached hereto and incorporated by reference herein, is approved, subject to the following conditions: I The multi-family zone district within the Planned Development should be designated MF-I and be limited to a density orno more than twenty-two (22) units per acre. 2. The Permitted Uses for the Recreation District as shown on the development plan shall be added to include. a. Extraction of sand, calichc, stone, clay or gravel for a period not greater than two years after approval of the development plan, provided that sufficient quantities of clay and other like materials remain on site to adequately construct a bottom for subsequent detention 1 retention ponds; • b. Walking and biking trails; c. Public park, play ticlds, or playground and accessory uses; and • d. Water reservoir ,a:d water pumping stations for the purpose of reducing downstream flooding. 51. 2h x 32xI❑ , 41, mm 0 t l SUM" . 3. Buffer yards shall be provided between non-residential or multi-family residential uses and any adjacent residential uses. Buffer yards shall be landscaped to include a combination of canopy and understory trees, as well as a sight-obscuring screen of a " minimum of six feet made of wood or masonry materials or an evergreen hedge. Buffer yards shall be a minimum of ten feet in width and shall include no less than one (1) canopy tree and two (2) understory trees for every forty (40) feet of boundary. 4. Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. S. A traffic impact study shall be required prior to any subsequent detailed plan approval. 6. The uses listed in Exhibit C shall be prohibited in the LI zoning district within one hundred (100) feet of single-family residential land uses adjacent to the boundary of this planned development. SECTION 11. That the City's official zoning map is amended to show the change in zoning district classification, SECTION III. That the provisions of this ordinance as th:y apply to the 0.471 acres shown in the detailed plan herein approved, shall govern and control over any conflicting provision of Ordinance No. 74-34, but all the provisions of Ordinance Nos, 74.34 as they apply to that remaining portion of the district not herein amended, shall continue in force and effect and shall apply to the remainder of the district. SECTION IV1 That a copy of this ordinance shall be attached to Ordinance Nos. 74.34, showing the amendment herein approved, ,UCTION V. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding 52,000.00. Each day that a provision of this ordinance is tiolated shall constitute a separate and distinct offense, 1 SECTION Vl. That this ordinance shall become effective foarteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of ibis ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Dcri ton, Texas, within ten (10) days of the date of its passage. , 1 PASSED AND A?PROVED this the day of 1998. JACK MILLER, MAYOR O F 52. t - - - ~4 ~ Icy `32~x10 "u c, x My' -ME A MINA ~m NJ WOES ANNA r , 1 i i i. a nrvW.Mwrt~uv:~w~~nn,wn.•ww.~fn-iwwrv...ytr a.a~ ~ .J... ~ ~ 11 . a ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY;~ r i r i j r '1. . F 53. ti r x ~'r~ t Y 3,G. 'S ~ 3ri Z X 1 a x • tulemx. c , • US Op 1 III( IU J1 l.i1 :11 t3S 011T I H U1L.L%S Shl LIO OILRY QUO I. C TITLE FAX N9. P' 4838 • `85 PG0020 . f lthiDlt A I i ALL tact eartaln 136.341 octo trees, of latest of lead pittua4 in t!+ x.r.p. a 5.11.11. Co. f,L'ly, A a rScei el mid, Canton Crt,~,vteY- foxasi $*I& tract befog s pan by dealt to `,zzber Ceapdny and faeordad in volume 414, page aft et tea Dead Mocorts of Danten County, texas and 14Ln4 sore pafticuluL7 ducvitag ae faklavel i OCCOMUC. for the East career of '*-U trace lafnv defc*itad haroln of an Lrarrn pia fevnd sat in eaneeato in tea s4utsveas rltat•ef-var of rnaaratate for-Mov, at tall of LSl76&I ifia Let/n0~ !y ! !lea 7~ tua No•nNd fasefdN In values I 7efe 7r: t 04d 640144 SaMen County. 9axear "cc lwg ary 41lne of t.M put SeAtitieetdt l Slf GoattIssue's 1e/ tract $41 11 LFL f.fl4ti to ttee rowl. & me fatiMi,oftie Lnmef t1 4ee4rnr~on tallternr.al fowrtk. calsvettl L"bef Cospany rival Treed 3 *11 mown! via s coIr~sair pass, etaw Lie 41wiLarrennrroffeebb lowonktNlkreLis Z.01.H4sdtC4ta4PaSnErietrot Tier meta 3aMV an L-mar 41 Sonar an %As Denton RSeLLAO rli~Lf loloot& it %AAUT LLno 4 sr athe.t*tw* atonalMd Darien Mll God t.Xf 1M.36 goat e6 a_steel pin en the bast AL46 N 6 411114 Poet got oho lsim in us wool loowAar LUG At %.%A K.t P.A 1`3.1. y<„i YtfwreYl Aastract Yuaaov ff4t T7MC11 worth t Nrrssf ff titrtu of sec nd$ test at vtth & times aedistance , of 5611.44 toot C4 an tree 1LA sat LA tie 1v - Of a 1!.151 sees L1,14 M 6514%. Toot via the 9e41411Ine of said 11.111 Asia L"Ce a distanss of itra.6 flat to an Iran 7U sat is W friend at Us so-AU46tt 4sraaf of . Paid 1!.131 acts !sear "MCS. 11ortS At d4Yrooe as eLov%Gs ttat a dLttLACO at 309.1t goat to an :ran vin 601 to %he emd to aair 6fvtWeee riv>,ayhvay of tntarstots Illekva/ if cast mad s`to k4l." tae Gat tornes of said 1!.131 lose er►str tit. ootais 44t11%At 17 eeeIM!lvith fold TLIM-01.vey a Ilatanes At 6N~3 S a 1q 54. x N 0 T . I t I, f , I I I J ~ i I M ,:fir ..r I iae lrii I ' ' 'K YUI ~ 1 ~ -i + ♦funu/ ~ I11 K.1 1 M.li 1 1 nw ~ ' yy• f f {~~f ` Y V r 111 rnw 4' W ~ w M r w 1-1 wnnl •vu'~.. n. ~ w w n w ` 1 y+w+ nn ur y0 gyn. II H'u. ' I \ LMCORN LAKE TRACt I I 41+ I I+p11 r+ I I 0[+ a MM L P'1 • M 1 unl I I IX.M 11Vn1 gg,,y~y "I, p era 0. S 6 9~+ 0 Inl~,Ogn Mar. 4 1 1 B:° E T ,d r; ,~'~n'M•r'l.l~.' :.a,C 1.0 I t f y 32, ~A U r 3t5b*' ' I ry y 1 EXHIBIT C PROHIBITED USES IN THE Ll ZONE DISTRICT WITHIN 190 FEET OF ADJACENT SINGLE-FAMILY RESIDENTIAL LAND USES Cemetery or Mausoleum Auto Painting and Body Repair Group Home Auto Sales and Repair (in building) Halfway House Gasoline Service Station Home of Care of Alcoholic, New Auto Parts Sales Stores Narcotic or Psychiatric Patients New or Used Cat Sales Lot (in open) Electric Generating Plant Seat Cover and Muffler Installation Shop Electrical Substation Tire Retreading or Capping Electric Transmission Line Used Auto Parts Sales (in building) Gas Transmission Line and Cafeteria Metering Station Household Appliance Service and Repair Radio and Television or Microwave Tower Off-Premises Sale of Beer and/or Wine Sewage Pumping Station On-Premises Sale of Beer and/or Wine Water Reservoir, Water Pumping Station or Well Licensed Private Club Water Treatment Plant Pawn Shop Amusement, Commercial (Outdoor) Restaurant Dance Hall or Nightclub Tool or Trailer Rental Fairground or Exhibition Area Animal Pound, Public or Private Sexually Oriented Business Bakery, Wholesale Stable, Private Club Cabinet and Upholstery Shop Stable, Boarding Cleaning and Dyeing Plant, Commercial Theater, Drive-In Cleaning Plant, Bags or Carpets Theater, Other than Drive-In Clothing Manufacture or Light Airport Landing Field or Heliport Compounding or Fabrication Bus Station or Terminal Contractors Shop and Storage Yard Motor Freight Terminal Engine and Motor Repairing Parking Lot, Truck Heavy Machinery Sales and Storage f Parking Lot or Structure (Commercial) Laundry Plant (Commercial) r ' Auto Laundry Milk Depot, Dairy or Ice Cream Plant } Paint Shop Petroleum Products Storage, Wholesale t Storage and Sales of Furniture Transfer, Storage and Baggage Terminal Appliances Outside a Building r FJ I ' ' 56. - 75 10 32 t'~> , II` 1 i hd~ Q9DD~r , ,lps N~4-4 AGENDA INFORMATION SHEET Agenda tem 0 a I a AGENDA DATE: May 12, 1998 DEPARTMENT: Planning Department DCM: Rick Svehla 349.77150 SUBJECT - Rancho Vista Annexation (A-76) Hold a public hearing regarding the proposed annexation of a 30.32 acre property located in northwest Denton, north of Highway 77 near its intersection with Interstate 35. BACKGROUND The Rancho Vista Development Company proposes to develop its site at the northeast corner of The intersection of Highway 77 and 1.35 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 10,060 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 (ET1) when significant developments are proposed," Staff has conducted a preliminary annexation assessment of the proposed annexation in accordance with policy guidelines. An Annexation Study and Service Plan have been prepared for Council and public review during the annexation process. The capaci'y of infrastructure such as water, wastewater, streets and I electric service and such service capacities as police, fire, recreation, and general government are evaluated with respect to the proposed annexation. I This is the first of two public hearings conducted by City Council prior to review by the Planning and Zoning Commission and subsequent action on the request, The schedule for public hearings consistent with the rcquirem:nts of State law is included. r PRIOR ACTION / REVIEW (Council. Boards, Commissions) The Development Review Committee has reviewed the annexation request and identified water service as the primary issue to be resolved. The Trinity Water Line from Denton to Sanger is the likely source of water on the site. The water liners scheduled for completion in late 1998. r FISCAL INFORMATION Without specific development plans at this time, it is i.7possible to complete a cost - benefit analysis without making many assumptions. Nevertheless, commercial development with a retail component oriented toward 1.35 users at this site is likely to have a positive benefit to cost ratio. 1. z5.in 32Xio i r ~ r f.~ , rise rurYir..,.If 'M'AMY1Jnin, II ~ . ,vv~..n..1 JJt,R tm~nAHwwn4'~I,M ri•WMWYf Turf e.. r.~ r ' I - r 5 1 1 ~ V e f ATTACHMENTS I 11 Location Map. 4 2. Site Map. 3. Annexation Study. 4. Service Plan 5. Annexation Schedule Respectfully i 04vid Hill { Director of Planning and Development Prepared by y Mark Donaldson Assistant Director, Planning and Development i r I , is If 1 a t ~ r ~ 1 1 1 t!i Pr. uam f (R.)a, Is rnn,•nfiun Xrnodn r}~!u 1'1CrHR' p S ' %G 1 t t, , 1 . ' SPA Attachment 1 Location Map I~, I NORTH 1 I ~ r ITE i ~ ~ Loop zee ; • y i~ 1 ~ Iw 10 10 MAI A ATTACHMENT 2 Site Map Rancho Vista Annexation r I I ~ r i II CITY LIMITS low am Am Am=* IIIIIIIp r !r i f I I 'I I i + A I N i 1 I ~ IA I ii 4. - - ;4 2 32x10 4 o , ATTAC:fMENT 3 ' ANNEXATION STUDY (A - 76) Rancho Vista Name and Address of Owner: Rancho Vista Development Corporation 5000 Thanksgiving Tower 1601 Elm Street ` Dallas, TX 75201 Name and Address of Developer: Rancho Vista Development Corporation 5000 Thanksgiving Tower 1601 Elm Street Dallas, TX 75201 Location and Size: The subject property is a 30.32 acre tract located in northwest Denton, near the intersection of Highway 77 and Interstate 35, Existing Land Use: Undeveloped. Currently used for agricultural purposes. Surrounding Land Use: East: Undeveloped West: interstate 35 North: Undeveloped South: Commercial (Travel Center) Proposed Development: This property is adjacent to other property owned by the applicant that Is already In the City and has Commercial (C) and Agricultural (A) zoning. The proposed zoning for the property considered for annexation is a Commercial (C) zoning district. The maximum floor area ratio allowed within the zone district Is 2: 1. Total development of 2.e million square feet would be allowed on this property Analysis: It is the general policy of the City of Denton to assess on a case-by-case basis the annexaton of areas in the extraterritorial Jurisdiction (ETJ) when signKicant developments are proposed, i ` occurring, or likely to occur In the near future, The following are guidelines for determining when annexation study should be consklered: (1) Single famlly developments over five acres; or 1 (2) Multl-family, industrial or commercial development over one acre; or i w t. 25 x 10 ? 32>C 1LI w e o - - f F'(3) Any area where the density exceeds 500 units per square mile; or (4) Any development or area that might have a significant impact upon the city, including j i but not limited to service costs, increased traffic, drainage impact, utility needs or utilization, safety or health hazards, , Guidelines for scope of study. In studying the questions of whether or not an area should be annexed, the following criteria shall be considered: (1) The ability of the city to furnish normal clay services equal to other comparable j areas Inside the city limits. A. Streets and Roads. The property is located at the Intersection of U.S. Highwary 77 and Interstate 35 in northwest Denton. Average daily traffic on Highway 77 near I- 35 is 8,675 vehicles. TXDOT is scheduled to upgrade Highway 77 to four-lane with median In the near future. Excess capacity in the roadway system exists. B. Water! Wasleyi:,ter Servlcj3. Water service In the area will be enhanced In the very near future with the installation of the Sanger water line of the Trinity Regional Water System. Wastewater collection lines are currently available in the area, though they may have to be upgraded to accommodate significant development. Water distribution and wastewater collection service is available. Water and wastewater treatment systems have excess capacity. I C. Electric Distributioa. Electric distribution Is capable of providing service to the area, D. Solid Waste Collection and Disposal. The city currently provides solid waste services to other businesses In the Immediate area. Any development In the area will result in increased demand for services. Additional personnel and equipment may be necessary to provide service to significant development In the area. E. Police Services. Any future development of the property will result In Increased demand for police services in trio area. The area surrounding this property is already within the city. Response time to the subject property would be comparable to that of surrounding property In the city. Additional personnel and equipment may be necessary to provide service to significant development in the area. e F. Fire Protection and Emergency jMedical Services (EMS). Any future development of the property will fesuit In Increased demand for fire protection and EMS services In the area. Station #5 is located at the Intersection of Windsor and Bonnie 8rae, less than two miles from the property. Response time would be relatlvely short. Additional personnel and equipment may be necessary to provide service to significant development in the area. 0 • G. Parts and R9crealion Services. Any future development of the property may result in additional jobs In the community and new residents to fill those jobs, resulting 6 ti 3 I❑ 1 0 RS.rI}u~ in increased demand for park and recreation services in the community. Additional personnel and facilities may be necessary to provide service to the employees and their families who live locally if significant development in the area occurs. H. Library Services, Any future development of the property may result in additional jobs in the community and new residents to fill those jobs, resulting in increased demand for library services in the community. Additional personnel and facilities may be necessary to provide service to the employees and their families who live locally if significant development in the area occurs. I, Code Enforcement. Building Inspections and Consumer Health Services. New building activity will trigger additional case work for the Code Enforcement, Building Inspections and Consumer Health departments. At present there is no excess capacity in any of these divisions. J. Planning and Development Services. Zoning, platting and development activity will trigger addition case work for the Planning and Development Department. At present there Is no excess capacity in any division of the department. K. Miscellaneous. Any future development of the property will result In Increased demand for general government services in the area, Additional personnel and facilities may be necessary to provide service to significant development in the area. L. Capital Improvement Program,(lSlE). The CIP of the City Is prioritized according to the following guidelines: t. Provision of Capital improvements as compared to others areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies, 2. The overall cost-effectiveness of providing a specific facility or Improvement. The annexed area will be considered for public improvements in the upcoming CIP. This property will be considered according to the established guidelines. • (2) The reliability, capacity, and future public cost, If any, of current and planned provisions for community facilities such as roads, drainage, utilities, etc. E A. Sfr~)ets and Roads, The property's primary access will be via Highway 77 and Interstate 35, both the responsibility of TXDOT for maintenance and Improvements. Internal roads required to provide access to future subdivisions of the property will be • the responsibility of the developer. There will be little short-term cost to the city to • • provide direct capital improvements for streets and roads related specMeally to the development. I i 7 ti 32 x IE i B. Water /-Wastewater Services. Water distribution and wastewater collection systems are in proximity to the property. Water and wastewater treatment facilities have capacity. Both are "Enterprise Funds" so that any necessary improvements will not impact the general fund. Service lines will be the responsibility of the developer. C, Electric Distribution. Facilities to provide electric service to the property may be necessary. Again, the electric utility is an "Enterprise Fund" so that any necessary improvements will not impact the general fund. Service connections will be the responsibility of the developer. 0. $glid Waste Collection and Disposal. Equipment to provide services to the I property may be necessary. The solid waste utility is also an enterprise fund. E. P_glice Fire and Emergency Medical 6ervices, These departments are driven by response time, As additional development Is this area occurs, more personnel and equipment may be necessary to maintain current response times, Station #5 is conveniently located with respect to this property. F. Parks and Recreation. Library-and General Government Services. The demand for these services Is more a function of residential population than commercial development, Additional commercial development will result in more )obs, which may result in more population in the city. (3) The need and quality of land use and building controls. Private controls will be considered. This property Is located at a primary gateway to the city. Control of the quality of land and building development will be desired. Zoning established for the property should reflect the need for land and building design standards in this critlcal area. (4) Impact on the city, both current and long range, Including at a minimum: a. Fiscal cost and benefits; Over the last few years there has been a perceptible shift in the primary source of local { • government revenues from property taxes toward sales taxes. In this regard, commercial , development that collects sales taxes from sales to patrons from outside the city is a very positive development. However, it is now very difficult to complete an accurate cost-benefit analysis. In terms of potential costs versus potential revenues, the best of situatlons for a local government would be a retail establishment In a very expensive building that sells exclusively to out-of-town patrons and has only out-of-town employees, The demand for local • government services would be minimized and local government reveoue would be maximized. Costs are a function of the type of development that Is ultimately constructed, O • local unused capacity within the city's infrastructure system, the percentage of locally produced costs of goods sold, the likelihood of local ownership and the percentage of I employees who live locally. Revenues are a function of the cost of development, the volume 8 ' 32 X MEMO 6 o . of sales, the percentage of sales to outsiders, and the percentage of employees who live locally, Although it is nearly impossible to accurately estimate at this time, retail commercial development in this area that attracts a significant share of sales to people from outside the city will likely show a positive revenue to cost ratio. i b. Traffic; Located at the Intersection of an interstate 35 and U.S. Highway 77, traffic congestion at this location will be relatively minor and localized. Employee related traffic has amply opportunity to disperse in multiple directions. Retail traffic is most likely to use 1-35, Highway 77 and Loop 288, minimizing any impact on collector or local streets. C. Infrastructure of roads, utilities, and other community facilities; Highway capacity is in place and will be enhanced In the near future. Water distribution and wastewater collection systems are In place. Electric service can be provided. Other community facilities may be necessary if significant development occurs rapidly. d. Safety and health; The proximity of this property to fire station #5 will provide relatively good response times for fire and emergency services. The area is already within the police service area. { e. Building or development quality; The property Is currently zoned agricultural. To more intensely develop the property, a change In zoning is required, Land and building design standards can be incorporated Into any approved zoning, f. Aesthetic quality; The city's landscaping ordinance will apply to any new development. Land and building design standards can be incorporated Into any approved zoning. g. Community character. The predominant character of existing development In the area is vehicle-oriented, in keeping with the city's location astride Interstate 35, 35E and 35W. Any new quality development Is likely to enhance the area. . • (3) Conformance with or need to ensue conformance with the officially adopted master plans of the city, The 1988 Denton Development Plan Identifies the area as an `Urban Center". I 32XIO r 1 \ 0 { i ion i The urban center designation is the most intense development district In the city, Commercial development of this property will conform to the "Urban Center' Intensity standard. 7 l 1{ 1 I f ' i 'I t i i i t t; { i , 1 ; f . 3 i a i AMOL 10 75 0 32 x7 r , x e , o , 1 ATTACHMENT 4 ANNEXATION SERVICE PLAN ~ i CASE NUMBER: A-76 AREA: 30.32 Acres LOCATION; North of Highway 77, east of Interstate 35 Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule, A. Streets and Roads. Access is available currently via Interstate 35 and Highway 77, each with excess capacity. B. Water! Wastewater Services. Water will be available at the east side of the 1.35 right-of-way by late 1998 and currently available at the south side of Highway 77 right-of-way, Wastewater service is currently available at the east side of 1-35 right-of- way and at the south side of Highway 77 right-of-way. C. Electric Distribution. Electric service is currently available In the area. 0. Solid Waste Collection and Disposal. The City currently serves adjacent property. { E. Police Services. The City currently serves adjacent property, F. Fire Protection and Emergency Medical Services (EMS). • The City currently serves adjacent property. Station #5 is less than 2 miles from the subject property. 0. Parks and Recreation Services. The City currently serves adjacent property. North Lakes Recreation Area E • Is less than 2 miles from the subject property, • • i j H. Library Services. The City currently serves adjacent property, 11 y r , 0 r~ w sears . ~~....rn wwvr W..a~w.wl, ~.n~ r.rv.n t 1 . I`tF Ir i I. Code Enforcement. Building Inspections and Consumer Health Services. The City currently serves adjacent property. t r. { J. Planning and Development Services. The City currently serves this property. I i I K. Capital Improvement Proolem (CIP). The CIP of the City Is prioritized according to the following guidelines: 1. Provision of Capital Improvements as compared to others areas will be based on chzracteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. 2. The overall coat-effectiveness of providing a specific facility or % Improvement. The annexed area will be considered for public Improvements In the upcoming CIP, This tract will be considered according to the established guidelines. l i rr ~ ` F f!(j. i, 12 a r I r y R rb ~'~'~32 10 i some" i F ATTACHMENT 5 i PROPOSED ANNEXATION SCHEDULE v 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. o Preliminary Annexation Assessment prepared. April 9, 1998 Notice published in Denton Record-Chronicle for first public hearing. ~ Annexation Study prepared and available for public review. m Service Plan prepared and available for public review. 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-Chronicle for second public hearing. May 12, 1998 City Council conducts second public hearing. Public notice must be no Ws than 10 days and no more than 20 days before public hearing. May 27, 1998 Planning and Zoning CornmIssion 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 then 10 days before public hearing. June 2, 1998 City Council by a four-fifths vote Institutes annexation proceedings, n 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. June 7,199$ Pi,blicatlon 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 publbatlon of 0 • ordinance and less than 00 days alter oouneit institutes annexation proceedings, 13 ':yr, 32XIO 1 1 , a o r F 'Now" ♦ O 1. r Apenda No. Agenda Item Date AGENDA INFORMATION SHEET A. AGENDA DATE: May 12,1948 DEPARTMENT: Engineering & Transportation CMlDCM(ACM: Rick Svedtla, Deputy City Maaagesl?41~7 SUBJECT Consider an Ordinance Partially Vacating a Certain Utility Easement Recorded in Plat Records of Denton County at Volume 3, Page 5I, as it pertains to Lot 16, Block 1 g of the Southridge Addition, and providing for an effective date. BACKGROUND Dr. Dinesh Kagal, 125 Pennsylvania Drive. Has requested that the City of Denton abandon a portion of the platted 16' public utility easement on his tract. A recent survey of the lot indicates that a portion of his residence encroaches Into the easement. The attached plat indicates the proposed abandonment area. Lone Star Gas Company confirmed that a 6" gas main existed within the residence encroachment areal Lone Star Gas Company has relocated that section of gas main that existed under the house. There are no other utilities effected by this encroachment. The intent now is to specifically abandon only that section of easement that is impacted by the footprint of the residence in order to mitigate any future conflicts. PRIOR ACTION/REVIEW (Couny L Boards. Commissions) r t 'Y The Development Review Committee recommends approval The Planning & Zoning Commission recommends approval FISCAL INFORMATION % Bona • MMAY Attached. Respectfully submitted: ar{y ector ' • Pre by: En ng Transportation • • 1J~ oul W:Iliamson, 7 ' Right-of-Way Agent I t 1 + r X 10 32X 01 MIR I ~ JAM" I I R z o ST SHADY OAKS DR, SANTA rE V R s gg Ili _ W =6114 2 Y r K Q N J PIPING RACK LK > ANOELI SPENC III GRAN 70 I ORt a BLVD Auvp,~ L -1 O~O ~ mu o qd0 K PL. rw qe 4? . ~Jp Ld Op D R>~r~~ SPA SAG AN N MC 00[0 PARTIAL ERR K14cs- ET' S S [AltM NT AOANOONA[NT WOOD ~d1" y1 cr. ti 1 DNA•EVOO ~ ' ng OUT GE y J -J W r/ v I ~ r N~oRN ~~Q' A LYW"ST L ' LYNHURSI L } Q SKYLAPK DRIvr DAI v D DR vt Q, I SANDS PLR DRIv[ ~ S - K S ~L S R- iR, Z, 0 , 7 IS S A NO SCALE 2 L, Yx I • i c~cnn. 4 MON" TO ALLPAMMS DtIMCnr 10MRESreD IN "t 11nUMS VJRVEYtO I_bm MON*wWacw*UaidwwataawayfsdaaetvMood dhpepeAYbcabdal , m Podwamr Gwa In M Ch at Dolt" 04 Cnunllr. T"n ad EWy Laf It w Mec! 18 e1 NUT MIDGE as WOO b ft C% 10 Dar**, DV*M Calory Uwa► eccalalp NOW Pod POW ~ecrred N Vain" f 11a11a 51 1141 Romeot s Dfaan Caory ►uea EA Fok i Rtoibs~ v 'N • w h BA~Oo~MEKT i Los v +a•w ~ I LOT ~y+a ra ly _ _ • Vt. R 1tt oe + 1 • • 30 y 16 utl`ItytA~~ ~ wr d B l«yE~., `fit r~.r w. • 1 LQT , ..s _ - eM ,tna1, J7 e ~t ~ ' aaearrr•,y s • • 71 • 7.L . . LCW ~Nr I 01 AF i ~ ..1 •l,~f►ttN•~e.yf y R110f~716ttaEN/Il+rwwwaa1~11A 1►r Y►feaa rll na a, h~'41R•~•n a Cow" M poll we 1011110,1111111 N woi~w~~11 sMwMwa ei.Y•a arllw~/awiwM/1Wwa f~NI wa•r•1A".~N~/~~Mee~1 ~Na1 Mui M4/MMeaw..•w Ma/M IMN••,1Y.aaM~f.M~M'w'aG iaMli►c•'/M IM1N•'a~ O ' eR ww M1~.111 b.f•N~.wrrM.,/ A.Mlwra • !If♦•eelr•f avmp-low 0+16ol M-lr UI •1~Yq LPa r ~•f'I/ae 004 CAN e i Mre+i t:n r~ KB SURVEYING INC. BOX 507 KN'UM,TX, 78249 (817}482-8723 ros7e i a Olt, ~ Y )AO 32'X 10 ~5 1 O 0 grim" rim" Minutes December C O P 11, 1996 Page 28 V have a hard edge. 1 have been by there several rimes and have never seen a problem with It. We feel that what we have is adequate. I would like to point out that there were many things that staff recommended to us that we took a look at and evaluated, and deemed were Improvements to the plan and we Included them. We have two minor Issues that we didn't come to an agreement on. Before your next Planning and Zoning meeting our clients have to make a fairly large commitment on the property financially and staff worked very hard to make sure that we could get to this meeting. We appreciate their efforts. Mr. Myers: 1 would like to say that you have one of the best staffs of any city that 1 have worked with. The DRC process was very professional, we had a lot of Issues for a three hunored and four acre property and they were handled quite well. Mr. Powell: How do you derrne adequate when you are looking at a plat? Mr. Salmon: 1 would agree that It Is pretty vague. In the Interest of getting this to tonight's meeting we put these conditions together the day before the packet went out. My suggestion would be that if you are going to Include a condition concerning the access andlor visibility that we maybe try to word something a little more definite if we can come to some sort of agreement this evening, otherwise mF.ybe just a condition that says that lime will be worked out before the final plat Is approved. Mr. Powell: I move we approve tlb. preliminary plat of The Hills of Argyle with the conditions presentee by staff and amended as follows, number one, the take be included in the common area, number two, the common area is provided with adequate access from the public streets to ensure public safety and assesi for public safety personnel. Number three is that the lake be designed to require minimum maintenance ' by including features such as method of draining the lake and a concrete spillway. Number four is that a homeowners' association be established and funded to maintain and be liable for the common areas, and the homeowners' agreement is to be reviewed and approved by the Planning and Zoning Commission prior to filing the plat. Mr. Jones: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (5-0 ~C mv. Consider a partial abandonment of a public utility easement at 125 Pennsylvania Drive. j Mr. Salmon: The applicant In this case is the owner of the home located at 125 Pennsylvania Drive. They are requesting that a portion of the existing utility easement across the north end of their lot be abandoned. Specifically that portion of the easement that is under their home. This easement was platted with the original Southridge subdivision. 1 would estimate that the home is around twenty-five years old p or so. This situation has existed for at least that long. When the owner had a survey done it was discovered that the house was over the easement. At we normally do when considering an easemen- abandonment we contact all of the utility companies that could possibly have facilities in here Unbeknownst to the owner, he has had a high pressure gas main under his bedroom for the past twenty. rive years. Staff recommends that the portion of the easement under the home be abandoned with the conditlon that the gas company relocate 6~e gas line before the abandonment actually takes place. The 4 s'. r ~ In 32 X , a 7 r , k r . i t ' P&2 Minutes December I1, 1996 Page 29 gas company is aware of this and I think they are making plans to relocate the line. Mr. Powell: I move we recommend to the City Council the proposed partial utility easement abandonment at 125 Pennsylvania Drive as presented to us by staff. i Mr. Jones, Second Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. k (5-0) XV. Director's Report. } No report. XVI. Future Agenda Items. Meeting adjourned at 10: 37 { 0 i r 2 5 l r AMON" C r IM 1 ORDINANCE NO. AN ORDINANCE PARTIALLY VACATING A CERTAIN UTILITY EASEMENT RECORDED IN THE PLAT RECORDS OF DENTON COUNTY, TEXAS AT VOLUMN 3, PAGE 51, AS IT PERTAINS TO LOT 16, BLOCK 18 OF THE SOUTHRIDGE ADDITION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the city of Denton has received a request for the partial abandonment of a certain utility easement; and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonment and recommended approval; and I WHEREAS, the Council of the City of Denton, Texas has determined that the i utility easement being partially vacated is no longer needed for public use; and WHEREAS, the fair market value of the utility easement has been determined and received, a% required by section 272.001 of the Texas Local Government code and DENTON, YEXr, CODE ch.2 art. IV. (1991); NOW THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the portion of the utility easement described in Exhibit A, attached hereto and incorporated herein by referenced, and recorded in Volume 3, Page 51 of the Plat Records of Denton County, Texas, as it pertains to Lot 16, Block IS of the Southridge Addition, is permanently vacated and extinguished as a public easement, to the extent described ;n said exhibit. SECTION 11, That by reason of such vacation the City of Denton's property interest in the vacated portion of said easement shall, by operation of law, revert to the owner or owners abutting the easement herein abandoned, and the City of Denton releases any and all claims to the use of the vacated portion of said property as a public easement SECTION Ill, That this ordinance shall become effective immediately upon its I passage and approval. y PASSED AND APPROVED this the day of 1991. l 1 JACK MILLER, MAYOR l 6 25 x ❑ 32 X ID ~ Y S,,r 7,J r) r; r. ~ 4 e i t l A S' ATTEST: 'P FENNIFER WALTERS, CITY SECRETARY i BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: e6 L M~ c Wlned`aNlnvlceWolurrc)pysS 1. cot 1 II ! i , J t r ,J i 1 rF 111 h> r pill r e n t ~sxHSasT ALL that certain lot, treat or parcel of land lying and being situated in the City and County of Denton, state of Texas in the r J. McGowan Survey, Abstract Number 797 and being part of Lot 16, ; Block 18, Southridge Addition, an addition to the City of Denton, recorded in Volume 30 Page 51 of the Plat Records of Denton County, Texas and being more particularly described as follows! E' COMMCING at the northwest corner of said Lot 161 THENCE South 050 30, 00• West along the west line of said Lot 16 a distance of 16.06 feet to a point for corner, said point being the southwest corner of an existing 15, utility easement as shown on said Southridge Addition plat) THENCE South 790 941 030 tut continuing along the south line of said 16' utility easement a distance of 33.69 feet to the POINT OF BEGINNING) - THENCE North 059 461 590 Seat a distance of 9.16 feet to a point for corner) THENCE South 040 13' OS• lest: a distance of 99.90 feet to a point t,-)r corner) T*ZNCE South 050 468 590 West it distance of 4.65 feat to a point for corner, said point lying on the south lino of said 16' 1 utility easement) { THENCE North 794 941 03■ West along the south line of said euament a distance of 30.00 goat to the POINT OF BEGINNING and 111 % containing 101 square test of land. l~ % 0 ,P' t, 32 0 n . 1 r. n.. ran..,.. a. .4s~a~i.i . ...w• Qy_~~p.-.. 1 ♦ • 1 Aerndr No ___-l.D=.fll~.._.. Ir1~ Apmds Item 'n Date AGENDA INFORMATION SHEET ; AGENDA DATE: May 12,1998 + DEPARTMENT: Engineering & Transportation CM/DCM/ACM: Rick Svehia, Deputy City Maasger;~j SUBJE Consider an Ordinance Partially Vacating a Certain Sanitary Sewer Easement recorded in the Deed Records of Denton County, Texas at Volume 457, Page 375, as it pertains to Lot 6, Block A, of the Shaman Oaks Addition; and providing an effective date. BACKGROUNQ Greg Edwards, representing the interests of Agora Enterprises, L.L.P., has requested that the City of Denton abandon that section of essement that was replaced by alternate easements granted during the recent platting of the Sherman Oaks Addition, between Bell Avenue and Sherman Drive. The sewer facilities were relocated north of Chateau Court Into a newly platted easement. The intent here is to abandon the old easement only as it affects Lot 6, Block A, leaving intact all recently granted easements by plat, thus allowing a larger building area for Lot 6, Block A and cleaning up the plat In general. PRIOR ACTIONtREV1EW (Council. Boards. Commiselott_sf The Development Review Committee recommends approval The Planning d: Zoning Commission recommendi approval ,+1 FISCAL INFORMATION I' None, 4 r t1 Attached. Respectfully submitted; I . Prepared by; Jen~ q *k, D tor Eng eering dr Transportation Paul Wi Ilamscm L.r Rlght-of•Wsy Agent ' ,,ri"tt~ ' 7 ~i x 10 32 X 1 0 JML~ e o S SAM" VINDBRpgK LAGUNA ^SpEN ~R a: tK[ SIERRA Z MANHATTEN S TERRY J X00 d O+ 4v b EDAR HIL a < V LF RAP DR. ~y~LE DO WINDSOR f~IN6 WINDSIJK Nd WIND VEP UESONN `sOp N NDF LD MEADOW- RIGHiV00 BROOK ~ BROOK CIR DRIFTWOOD TRAIL >i PROPOSED ABANDONMENT LHISHOLN TRAIL AREA ~Me~ CDR V y CLOVER T MAC LIVE OAK Z R] L.~ CE A CORONADO DR, Q CRE TOAK HERITAGE Qti~ r W a HAD ~Q9' Q gyp-; g WOO 1 QpQ 'l MIST ~Cf ~Q EDGEVDOD iF L7 LINVOOD KAY - -I PCACH ~ a n OWENS LN. a GREENWOOD ~r q 8 • R owe r~, Q a OAK AV RE, ALM V O J RDSERTS N WOODLAND ltd ~R~p,S 1 RS ~N1~E i NO SCALE 2 32XIO e tit 4 • tttrnr E O'j~~'1lYi~ ~11~ Ej`~wu•i rw •iri.~'r".T+'• ? r• rrarr rr rrrrb.lrrw TYPICAL DETAIL •.~+rn rr"~ rrr wr~ir~•rir~rr.rrrurr•r w ti u• r ..r: o _ ~r m rr r arrr in r r ~ r rr'~rrn•~ 1 00 r MEMO rr r Wr • mr Y ~I m g a~Z~r rrr. i~M aw rrrI` I rr W,'••r Y~•Ytr r !.rte t •.7 l•..i ir• •rrr ~•r•Ii1r issais odow u"tyanu.awrn.M.• EASlMlNT TRAaT r E-i==f- ~ A6ANOer~ID S • ro m ,r lntl4w11Y t1r1. -rO r ~C~~ L I t•tt •.w L i rras 4,Yt1O~1/tHy.L •Y 11r Y.•• Me a•}}1 j.~s PAW , . , , . r . . ~ ~ w u w ~ .r♦rtfa111~~1-Y rtlr.rl~tt 01 Y rrt•,t rr rLrr ti r~l •r w.Y fr is. W. "In I ~I 3 A1 t'A !'10 ~II It II IN 10 11 r m~• aF: rt ss is as _ w~nrr • arrt.~.Yt •rt.rrr ■rrr rYwr S rr / yw7r•1~ u~, r.~ r M rJ ~•rrrr rrr• rr rrrYr r~ o •o v .t old I-a~•r~l'•i Ci~fria'~r ! w ! i~ 133 132.111 ~n 11 1is II it +w orr r■ r/rJn -be gibe ~gm all Zip 1 a 71a 36F sti . ~rw~•wrrr•I~Il r~.l l - Iy ( to t..rr~irrY z" ii6 ~i. * I W Itatl T II Yr Y„ SHERMAN OAKS ADDITION y ~IS~ 4, {1i u- . : Id : :i.~is• /I LOT! I UIROOOH 11, ILOCN A a1C.,• 1[INO l A[►LAT Of 11 P I sr LOT! l•S 1 IAIIi Of lOrl I-S Zia 1 of TII[ "UNIT Aoolflom iar ,u• ~.aa Ya, mo ACA[! IN T4 1. CAAT[A IWAY[M , Y.r w, AISTAW / [II rR~ CITY OF o[NTON, OINTON COUNTY, WAS 1 I a IMrtMIt 0 rNM^ ~.la tr i ul. r., Sip I- - try etr~ r e-n r 3` ti i rrr r r 0,81Ntlt[.MlPill w..moft womm 110 yl ' r ~i i . ~ 32 05 r ~ w .1 n_, t r . r 0. r s 1 i 1 { Planning and Zoning Minutes August 27, 1997 x? Page 3 " VI. Hold a public hearing and consider a request to rezone 1.849 acrd from the Single ~ Family 7 (SF-7) and Single Family 10 (SF-10) zoning districts to a Planned Development, and consider a detailed plan for an amenities center for the subject property. The subject property is located approximately 2,000 feet southeast of the Teasley Lane/Lillian Miller Intersection (Z-97-021) Motion by Carol Ann Gamer and seconded by Susan Apple to approve rezoning. •Dlscussion of this item is Included in a Court Reporter's transcript attached to this set of minutes on page 97. MW •n carried 7-0. VII. Consider partial easement abandonment of Lot 6, Block A of the Sherman Oaks Addition. { Motion by Jim Engelbrecbt and seconded by Bob Powell to approve abandonment. •Discussion of this item is included in a Court Reporter's transcript attached to this set of minutes on page 103. Motion carried 7-0. Vill. Worksession. Receive a report and give staff direction regarding Scenic Corridors. IX. City Council Action, None ! . r X. Director's Report, XI. Future Agenda Items. uocooc,c ,.I , R: i i. 25 32 X shaves c , XSWAP t^ofdenseIt"' , Page 101 Page 103 I put of our rust phase. We do intend to have a lake I MR. Kum: Oh, I'll be back 2' across late road from this ad a large greenbelt area. 2 Ms. Schantz: amat 3 And this will go in eogjunction with all of that. If 3 Mx Reeves: ell be back. 4 you-all have any questions, I'm here to answer them 4 Ms. scttU= 'thank you. Appreciate it s Ms, sCHEaTZ: Thank you. Are there any s Mx m wau tf I could add to that, the few 6 questions? 6 times that I have had to call the planning deputnm% 7 MR. SHELTtN . Think you. 7 when 1 had a question during the day, l almost always I MS. SCHUTZ Is them anyone else to speak s picked on you and you almost always - not almost 9 to favor of the petition? Anyone else to speak in 9 always, you always did live me an answer and it was io favor? Is there anyone to speak in opposition? Anyone 10 quick and to the point and I really appreetata it r I to speak in opposition? Seeing none, I'll ask the 11 Mx RRevt:s: ales beam a pleasure and it's just 12 petitioner if he has any final remarks? 12 a good opportunity, 13 MIL SHELTON: No. 13 Ms. scau= we recognize that and that's 14 MS, SCHUTZ: Thank you. I will close the 14 why - weIa be sorry to on you lave but wv wish You is public hearing and ask staff for their final remarks. 13 the very best of luck. We want you to go on and be 16 Mat REEVES: Norte. 16 prosperous, 17 MS. SCHUTZ: Thank you. 1 will now ark my 17 1 Mx Reeves: Thank you. is Commissioners if there are any questions or discussion 1I Ms. SCHUTZ, ;Lem NO 2- AWA:II& PdIst. 19 or 1 will entertain a motion. 19 01pent abando; teat of Lot 6 Block A of tha,Shentua 20 Ms. OANZ81t: Madam Chair, back in the late 20 tkka Addition. Mr. Salmon. I'd appreciate if you would 21 70s in new home subdivisions in Houston. And most o 21 lead off. 22 the subdivisions were getting amenity centers, and It 22 MR. SALMON: Madam Ctuir, members of the 23 was very aloe to have that And I would like to we 23 Commission, some of you may recall the Sherman Oaks 24 this happen more In these large subdivisions that we 24 subdivision which Is located as shown on the overhead 2S have come in. So 1 would like to move we recommend IS between Sherman helve and IkU Avenue, That subdivision Page 102 Page 1 1 approval of a change In toning from single family 7 I ha recently been completed, The construction has 2 conditioned, SF•7C; toning district to a planned 2 tew dy been completed. Pat of the design of the 3 development. And the detailed plan for the 0.336 acres 3 subdivision was to relocate in existing sanitary sewer. 4 subject to the required tree being shown along the 4 There was an existing sanitary fewer that 3 frontage along the puking lot s ran through the property lot 11rta and the street layout 6 MS. APPLE: Second. 6 work, part or that sanitary sewer did have to be 7 MS, SCHUTZ: Any discussion? All in favor 7 gloated. And, of cove, that was done during the s of the motion please raise your tight hand, Motioa I construction. The existing drainage comment runs ionh 9 curies unanlmcwly. Thank you for your time this 9 and south through the property all the way through the 10 evening. to property. When they rerouted the sanitary sewer they I I Mr, Raves, are you leaving? 11 followed this purple dignmeat, They brotrght it down 12 Ma. REEVES: Yes, Ian I2 hue, jogged over on the street and tlea to the south 13 W. SCHUTZ: Could you pleases come to the 13 So there is no forger any need for ills easement that's 14 podium before you steak out thda time? 14 highlighted in red beaus the sanitary se+w has beef is MR. REEVE well, I didn't know that Qut Is removed 16 was going to happen last time, 16 And, of come, the applicant would 111u 17 MS. SCHEaTZ I know, but we have to give 17 that aaememt removed because It's an eacumbrana oa is you a hard time. That was your last presentation and I I I that lot and It simply is not needed at dab point So 19 would Me to invite the Commissioners it anyone has 19 staff woWd recommend that the portion of the Utility a 20 anything to say, feel free, and 1 will lead off by 20 easement IMt's shaded in red then on the overhead be 21 expressing a very personal thank you for all of your 21 abandoned 21 dme and effort You will be deeply missed. I wish 22 cats, scHuTh Thunk yotL Are these any 23 I think Austin b getting a very valuable employee. And 23 questlau? 24 plow don't stay a stranger. Come back and say, hl, 24 Mx INottown Move approval to abandon 2s every cone Its a whale, 2! the recommended portion of the easement Planning and Zoning Meeting, August 27, 1997 Page 101 • Page 104 5 Y` 1 r 32X10 1 tli , O j 1 ' i , f I trOndendeit'" ~ II Pale 105 t mx POWAAe dewed • ttd. SCH M A Any d{aalotoe? Seelml Dane, ! all to favor, phone raise your d& heed, Mdloa 1 eMies tmanimomly. S Item No. i is a Work Seaton and I want to 6 make sure evayona Is oom muble• Do we wed to take a " T brisk at thW dm or do we vacs to oomdaue'1 1 1t oANrrpxw 1•et's take a shat break I 9 M. dCMrb AU 4k We WW Set 10 staWd at 1:10, place. It (Coamlatom convened in Work SeWoo.) 13 17 11 I! I6 17 II _ l9 ` 21 21 1! 11 , t E• f ~ I 1 }r , 4 .15u 1 y, . s o f Planning and Zoning Meeting, August 31,1"1 Pane IOS • Page IOS MICO 0 I ORDINANCE NO. AN ORDINANCE PARTIALLY VACATING A CERTAIN SANITARY SEWER EASEMENT RECORDED IN THE DEED RECORDS OF DENTON COUNTY, TEXAS AT VOLUME 457, j PAGE 375, AS IT PERTAINS TO LOT 6, BLOCK A, OF THE SHERMAN OAKS ADDITION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request for the partial abandonment of a certain sanitary sewer easement; and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonment and recommended approval; and WHEREAS, the Council of the City of Denton, Texas has determined that the sanitary sewer easement being partially vacated is no longer needed for public use; and WHEREAS, the fair market value of the sanitary sewer easement has been determined and received, as required by section 272.101 of the Texas Local Government code and DENTON, TEX., CODE ch.2 art. IV. (1991); NOW THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I That the portion of the sanitary sewer easement described in Exhibit A, attached hereto and incorporated herein by referenced, and recorded in Volume 457, Page 373 of the Decd Records of Denton County, Texas, as it pertains to Lot 6, Block A of the Sherman Oaks Addition, an addition to the City of Denton recorded in Cabinet N. Page 110 of the Plat Records of Denton, County Texas, is permanently vacated and extinguished as a public easement, to the extent described in said exhibit. 5 CTI0U That by reason of such vacation the City of Denton's property Interest in 1 the vacated portion of said easement shall, by operation of law, revert to the owner or owners abutting the easement herein abandoned, and the city of Denton releases any and all claims to the use of the vacated portion of said property as a public casement: I• I F , SECTION 111. That this ordinance shall become effective immediately upon its passage r and approval i PASSED AND APPROVED this the day of , 1998: p I 1 JACK MILLER, MAYOR 7 t y 25'(10 32XIO ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: I I i I . I i ~ I 1 r. ' l i I f 'ahorndbcpl'.LWOW Uka umenh'IOnliunmNBAN DONuhan&mmrnl of to--"19901 /9 dcc 8 00 32xlo , • ~ 1, . f +^i „e'~u'.saa ..n ¢t,.iirJr}}#i4'45Rr...,stnatl:rewrtaan..re a+.ana.r.., nhr.n. . I "MIBIT A" ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas in the j r 1 J. Carter Survey, Abstract Number 268 and being part of a tract conveyed to the City of Denton by easement deed recorded in Volume 451, Page 315 of the Deed Records of Denton County, Texas and being part of Lot 6,.Block A, Sherman Oaks Addition, an addition to the City of Denton, recorded in Cabinet N, Page 110 of the Plat Records of Denton County, Texas and being more particularly described as follows: All that portion of said sanitary sewer easement recorded in Volume 457, Page 375, D.R.D.C.T. as it effects the entirety of Lot 6, Block A, Sherman Oaks Addition. f J f ( ~~xICJ 32XIa 0 r ' !teanaa Agenda No ._.~0 Agenda Item _ AGENDA INFORMATION SHEET AGENDA DATE: May 12,199-8 DEPARTMENT: Economic Development Department ACM: Kathy DuBos SUBJECT Consider an ordinance authorizing the City Manager to execute an agreement between the City of Demon and Alan Ritchey, Inc. to lease certain premises of the Municipal Airport and construct and maintain an aircraft hangar and related aviation facilities thereon; and providing an effective dale. i BACKG$OUNp Mr. Alan Ritchey wishes to lease 48,600 square feet of land at the Denton Municipal Airport and intends to construct a hangar and office facility Wita approximately 14,000 square feet for the purpose of housing a corporate flight department. The terms of the lease will obligate Alan Ritchey, Inc. to take under lease an additional 16,200 square feel within two years from the commencement of the proposed lease. Alan Ritchey, Inc. also wishes to lock in an option on one additional 32,400 square foot parcel for future expansion. If Alan Ritchey, Inc. decides to develop the third parcel, construction on the parcel must begin within four years from the date of the lease agreement. The minimum development for each of the two additional parcels will be a hangarloffice facility no less than 10,000 square feet. To encourage the location of this corporate flight department to the Denton Airport, a discount of $.10 per square foot is incorporated bringing the lease rate to $0.05 per square foot per year for the first five years. The discounted rate will later be recouped through an increased lease rate in last 17 years of the lease. Staff, members of the Airport Advisory Board and our Legal Department agree that this is an acceptable incentive for encouraging Airport Development. [ STIMATED SCHEDULE OF PROJECT The lease would become effective May 15, 1978 and continue through the 14's day of May 2028 (30 years). The lease also provides for two successive renewal terms often years each. • PRIOR ACTION /REV EW • The Airport Advisory Board recommends approval of the lease. i J' 32xl❑ Iy. Y 1 . . 1 rv i 1 a, II . 'S, ^wi15`INM.§'O:ISgLl1~ t +~lNf`f -/21s'•Y♦ ~ °V .r'x5c^a'rFi'rot . W!ri'9PIX ia4'J •..a~w, rv 'r i . c .sJ87.H". S 2bU.. Nm4 T A. X4.415 µvh/.O't'4~ 1 I 41 , I L, FISCAL . MORMATION - 1 ♦ The lease rate for this property is IS cents per square foot. The lease provides for a • < discount of &10 per square foot for the first five years or a total of S.05 cents per square Y foot for a yearly rental rate of $2,430 for years 1998 to 2000. Year 2000 to 2003 lease payments will be $3,240 per year. Year 2003 to 2011, lease payments will be $9,720 per year Year 2011 to 2028, lease payments will be 18 cents per square foot or $11,664 per year. is EXHIBITS Ordinance i~s t4 Lease r Respectfully submitted: Linda Ratliff, Directo~ Economic Development Department Prepared by: Marl Nelson Airport Manager , r, i JL I 2 5. x V f+ x - - - - - - fl ' is t e I • ' ,,w a-. i+n.: d. w.+....+.,~ <.M:m .•eria+u,w-ik. .w vamwrr. n.. iwvs......,.... ...w« ~ t.o. aerr+naw~feuwub~N+w•N 4~ 4 i i i , ORDINANCE NO. , AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND ALAN RITCHEY, INC. TO LEASE CERTAIN PREMISES OF THE MUNICIPAL AIRPORT FOR THE PURPOSE OF HANGAR FACILITIES THEREON; CONSTRUCTING AND MAINTAINING OFFICE AND AND PROVIDING AN EFFECTIVE DATE. s THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is authorized to execute an airport lease agreement between the City of Denton, Texas and Alan Ritchey, Inc., to lease certain premises of the Municipal Airport for the purposes of and constructing and maintaining a office and hangar facilities thereon, under the terms and conditions contained within this Agreement, which Is attached hereto and made a part hereof. UCTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of '1998. JACK MILLER, MAYOR 7f ATTEST: JENNIFER WALTERS, CITY SE%RETARY ' -44 fi r• II t i APPROVED AS TO LEGAL FORM, HERBERT L. PROUTY, CITY ATTORNEY r, 4 3 s ti ra .'sl, r R 7.5 III 32 • XvIs e ro , r 4 tom i i I AIRPORT LEASE AGREEMENT COMMERCIAL OPERATOR THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § This lease is made and executed this 15th day of May , 1999, at Denton, Texas, by and between the City of Denton, Texas, a municipal corporation, hereinafter referred to as "Lessor", and Alan Ritchey, Inc,, having his principal offices at P.O. Box 249 Valley View, Texas, 76272 hereinafter referred to as "Lessee". W7INESSETH; WHEREAS, Lessor now owns, controls and operates the Municipal Airport (Airport) in the City of Denton, County of Denton, State of Texas; and WHEREAS, Lessee desires to lease certain premises on said airport and construct and maintain an aircraft hangar and related aviation facilities thereon; and NOW, THEREFORE, for and in consideration of the promises and the mutual covenants contained in this Agreement, the parties agree as follows: 1. CONDITIONS OF AGREEMENT NOTWITI[STANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED, THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE BINDING. A. PRINCIPLES OF OPERATIONS. The right to conduct aeronautical activities for furnishing services to the public is granted to Lessee subject to Lessee agreeing: 0 I, To furnish said services on a fair, equal and not unjustly discriminatory basis to all users thereof; and 2. To charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, that Lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. Q B. NON-DISCRIMINATION: Lessee, for himself, is personal representatives, successors and interests, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with tl~e land than Alen Ritchey Leaea Agreement 4 32xd Ate C 1. No person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; 2. In the construction of any improvements on, over, or under such land and the furnishings of services thereon, no person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; J 3. Lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally assisted programs of the Department of Transportation • Effectual of Title VI of the Civil Rights Act of 1964, as said Regulations may be amended. C. RIGHT OF INDIVIDUALS TO MAINTAIN AIRCRAFT. It is clearly understood by Lessee that no right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the airport from performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform. D. NON-EXCLUSIVE RIGHT. It is understood and agreed that nothing herein contained shall be conttnred to grant or authorize the granting of an exclusive right within the meaning of Title 49 U.S.C. Appendix § 1349. E, PUBLIC AREAS. L Lessor reserves the right to further develop or improve the landing area o the airport as J it sees fit, regardless of the desires or views of Lessee, and without interference or F I hindrance. I r 1. LCssor reserves unto itself, its successors and assigns, for the use and benefit of the ! flying public, a right of flight for the passage of aircraft above the surface of ure premises described herein, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft now known of hereafter used, for navigation of or right in the said airspace, and for use of said airspace for landing on, taking off from, or operating on the Airport. ! ! 3. Lessor shall be obligated to maintain and keep in repair the landing area of the airport O ! and all publicly owned facilities of the airport, together with the right to direct and control all activities of Lessee in this regard. 4. During time of war or national emergency, Lessor shall have the right to lease the landing area or any part thereof to the United Stales Government for military or naval Alan Ritchey 1AM11 Agreement Pogo ! 5 ` - WE 1 21). 10 32x~❑ i I use, and, if such (case is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended. 5. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent Lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the airport which, in the opinion of Lessor, would limit the usefulness or safety of the airport or constitute a hazard to aircraft or to aircraft navigation. 6. This Lease shall be subordinate to the provisions of any existing or future agreement between Lessor and the United States or agency thereof, relative to the operation or maintenance of the airport. 11. LEASED PREMISES Lessor, for and in consideration of the covenants and agreements herein contained, to be kept by Lessee, does hereby demise and lease unto Lessee, and Lessee does hereby hire and take from Lessor, the following described land situated in Denton County, Texas: A. LAND: 1. A tract of land, being approximately 31,401 square feet, or 0.745 acres, drawn and outlined on Attachment "A" as Exhibit 1, and legally described in Attachment "B", such attachments being incorporated herein by reference. Together with the right of ingress and egress to said property; and the right in common with others so authorized of passage upon the Airport property generally, f subject to reasonable regulations by th r City of Denton and such rights shall I extend to Lessee's employees, passenger.;, patrons and invitees. For purposes of this agreement, the term "Premises" shall mean all property f located within the metes and bounds described above, including leasehold improvements constructed by the Lessee, but not including certain easements or • property owned and'or controlled by the Lessor. 2. A tract of land, being approximately 16,200 square feet, or 0.272 acres, drawn and outlined on Attachment "A" as Exhibit 2, and legally described in Attachment "B", such attachments being incorporated herein by reference, • O • Together with the right of ingress and ogress to said property; and the right in common with others so authorized of passage upon the Airport property generally, subject to reasonable regulations by the City of Denton and such rights shall extend to Lessee's employees, passengers, patrons and invitees. Alan eitchey teue Agreement /eqe 7 Kia, 32 x L1 5 OWN e 1 For purposes of this agreement, the term "Premises" shall mean all property located within the metes and bounds described above, including leasehold improvements constructed by the Lessee, but not including certain easements or property owned and/or controlled by the Lessor. B. DEVELOPMENT OF EXHIBITS 3 and 4. 1, A tract of land being approximately 0.272 acres of land or 16,200 square feet, drawn and outlined on Attachment "A" as Exhibit 3 and legally described in Attachment "C" is leased to Lessee for the purpose of future development oy Lessee. Upon commencement of development of any property within Exhibit 3, the property shall on that date be considered to be an addition to Exhibit I and be subject to the same terms and conditions as Exhibit 1, including but not limited to the same rental rate and adjustments, if any, as if the added property had been within Exhibit I from the original date of execution of this Lease. The date of issuance of a building permit by Lessor for the improvements shall be considered the "commencement of development." 2. If Lessee fails to commence development of Exhibit 3 by May 15, 2000, that amount of property shall automatically be considered as an addition to Exhibit 1 and subject to those tenns as if development had begun on that property. 3, Lessee shall have the option of extending the terms of this lease to a tract of land being approximately 0.745 acres of land or 32,400 sgrare feet, drawn and outlined on Attachment "A" as Exhibit 4, and legally described in Attachment "C". Upon commencement of development of any property within Exhibit 4, the property shall on that date be considered to be an addition to Exhibit l and be subject to the same terms and conditions as Exhibit 1, including but not limited to the same rental rate f ' and adjustments, if any, as if the added property had been within Exhibit I from the original date of execution of this Lease. The date of issuance of a building permit by Lessor for the improvements shall be considered the "commencement of • development ; 4. The option above relating to Exhibit 4 shall be exercised no later than four (4) years from the execution of this lease. If the option relating to Exhibit 4 is not timely exercised within four (4) years of the execution of this lease by the parties then • Lessor shall have the right to mar' el Exhibit 4 to another possible tenant. • • C. IMPROVEMENTS PROVIDED BY LESSOR: NONE: There will be no improvements provided by Lessor, except as set forth in Article [1.F. "Access to Utilities" below. For the purpose of this Agreement, the term "Lessor improvements" shall mean those things on R14n 01tcAey Leue A9teer"nt - ;ago 4 7 10 32X10 WNW r the leased premises belonging to, constructed by, or to be constructed by Lessor, which enhances or increases, or will enhance or increase, the value or quality o° the leased land or property. Unless otherwise noted herein, all Lessor improvements are and will remain the property of Lessor. All Lessor improvements must be described in detail above, or above referenced and attached to this Agreement in an exhibit approved by Lessor: D. IMPROVEMENTS PROVIDED BY LESSEE: On Exhibit 1, Lessee shall construct a hangar and office facility not less than 10,000 square feet with taxiway access and appropriate culverts as required by City ordinances in the drainage channel south of the proposed hangar and north of the taxiway, as well as other improvements as shown on the site plan attached hereto and made a part hereof for all purposes and identified as Exhibit "D." Improvements to Exhibit 3 and 4 will be similar to those identified for Exhibit 1. E. EASEMENTS. Lessor and Lessee by mutual agreement may establish, on the lease premises, casements for public access on roads and taxiways. F. ACCESS TO UTILITIES. Lessor represents that water, wastewater, and 3-phase electricity lines are currently, or will be made available, within two hundred (100) feet of the leased premises available to "tap-in" by Lessee, and that the same are sufficient for usual and customary service on the leased premises. 111. TERM The term of this Agreement shall be for a period of thirty (30) years, commencing on the 15th day of May, 1998 , and continuing through the 14th day of May, 2028, unless earlier terminated under the provisions of the Agreement. Any attempt by Lessee to renegotiate this Lease shall be in writing addressed to the City Manager at least one hundred eighty (180) days before the expiration of the stated term of this lease, and at least 180 days before the expiration of any additional renegotiated period. Lessee has the option to renew for two (2) additional ten (10) year terms. The rental and terms to be negotiated shall be reasonable and consistent with the then value, rentals and terms of y similar property on the airport. IV, PAYMENTS, RENTALS AND FEES Lessee covenants and agrees to pay Lessor, as consideration for this lease, the following payments, rentals and fees: A. LAND RENTAL shall be due and payable in twelve (12) equal monthly installments in the swn in advance, on or before the first day of each and every month during the term of this agree. • ment in the amount of onc-twelfth (1/12) of an annual rental payment based on the following p formulae, calculated on the basis of minimum yearly rentals adjusted for inflation as per paragraph 1V. C.: 1 I. 05/15/98: SEAS per square foot minimum yearly,renlal, adjusted annually per paragraph IV.C, Alen Pitcher Leeee Apoeewt rage 4 g 32XI❑ 4 1 I 2. 05/15/03: The current lease rate (previous year's rental) will be increased by an additional $0.10 per square foot, and then adjusted annually per paragraph W.C. 3. 09/15/11: The current lease rate (previous year's rental) will be increased by an additional $0.03 per square foot, and then adjusted annually per paragraph W.C. Notwithstanding the foregoing, the annual lease rental is to be reduced by the current lease rate per I square foot, times the number of square feet comprising ah c-wments established in accordance with Article II(F). B. LESSOR IMPROVEMENTS RENTALS. NONE: Thcre are no Lessor improvements on the leased premises. C. PAYMENT, PENALTY, ADJUSTMENTS. All payments due Lessor from Lessee shall be made to Lessor at the offices of the Finance Department of the City of Denton, Accounts Receivable, 215 E. McKinney, Denton, Texas, unless otherwise designated in writing by the Lessor. If payments are not received before or on the I st, a five (5) percent penalty will be due as of the 2nd. If payments are not received by the 15th of the subsequent month, an additional penalty of one (1) percent of the unpaid renlaHec amount will be due. A one (1) percent charge will be added on the 15'i of each subsequent month until the unpaid rcntal/fee payment is made, Failure to pay the renl or penalty amounts on delinquent rent shall constitute an event of default of this lease. The yearly rental for land and improvements herein leased shall be readjusted at the end of each one (F.. year period during the term of this lease on the basis of the proportion that the then current United States Consumer Price Index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics bears to the applicable index at the execution of this lease. The original land rental amount is based upon the formulae set forth in Section IV.A. for [be land herein leased. Each rental adjustment, if any, shall occur on the 15th day of May, beginning 1999, and every year thereafter on such date. • T he adjustments in the yearly rent shall be determined by multiplying the minimum yearly rent as set forth in Section IV.A, by a fraction, the numerator of which is the index number for the last + month prior to the adjustment, and the denominator of which is the index number applicable at the execution of this ]case. If the product of this multiplication is greater than the minimum yearly rent as set forth in Section W.A., Lessee shall pay this greater amount as the yearly rent until the time of the next rental adjustment as called for in this section. If the product of this multiplication is less than • the minimum yearly rent of as set forth in Section 1V.A , there shall be no adjustment in the annual p rent at that tinmc, and Lessee shall pay the previous year's annual rent until the time of the next rental If adjustment as called for in this section. In no event shall any rental adjustment called for in this section result in an annual rent less than the previous year's annual rent. The adjustment shall be limited so that the annual rental payment detemtined for any given year shall not exceed the annual rental payment calculated for the previous year by more than ten (10) percent, excepl for the A1,n Pltra,y treat, xpr„m'nt - 1,90 1 9 32 X NLtlok" i adjustments under the lease effoclive 05115/03 and 09/15/11. If the consumer price index for all urban consumers (CPI-U) for the Dallas-Fort Worth geographical region, as compiled by the U.S. Department of Labor, Bureau of Labor Statistics, is discontinued during the term of this lease, the remaining rental adjustments called for in this section shall be made using the formula set forth in Subsection (a) above, but substituting the index number for the Consumer Price Index-Seasonally Adjusted U.S. City Average For All Items For All Urban Consumer (CPI-U) for the index numbers for the CPI-U applicable to the Dallas-Fort Worth geographical region. If both the CPI-U for the Dallas-Fort Worth geographical region and the U,S. City Average are discontinued during the term of this lease, the remaining rental adjustments called for in this section shall be made using the statistics of the Bureau of Labor Statistics of the United States Department of Labor that arc most nearly comparable to the CPI•U applicable to the Dallas- Fort Worth geographical region. If the Bureau of Labor Statistics of the United Stales Department of Labor ceases to exist or ceases to publish statistics concerning the purdasing power of the consumer dollar during the term of this lease, the remaining rental adjustments called for in this section shall be made using the most nearly comparable statistics published by a recognized financial authority selected by Lessor. V. RIGHTS AND OBLIGATIONS OF LESSEE A. USE OF LEASED PREMISES. Lessee is granted the non-exclusive privilege to engage in or provide the following: 1. Hangar Leases and Rental. The rental or lease of hangars and hangar space and related facilities upon the leased premises. 2. Office Space Lease or Rental. The rental or lease of office space in or adjoining Lcssec's hangars. 3. Aircraft Storage and Tie Down. To provide parking, storage and lie down service, for both Lessee's and itinerant aircraft upon or within the leased premises. 4. Air Transport. The ability to provide common services related to the air transport/cargo industry. Lessee, his tenants and sublessees shall not be authorized to conduct any services not specifically listed in this agreement. The use of the lease premises of Lessee, his tenants or sublessees shall be limited to only those private, commercial, retail or industrial activities having to do with or related to airports and aviation. No person, business or corporation may operate a • commercial, retail or industrial business upon the premises of Lessee or upon the Airport without a 0 lease or license from Lessor authorizing such commercial, retail or industrial activity, The Lessor shall not unreasonably withhold authorization to conduct aeronautical or related services. B. STANDARDS. Lessee shall meet or exceed the following standards: Alen ulen.v Lease Agieteent - Oega 7 10 ty., IV 3210 o C SS'll,Y.«1 i I I l Address. Lessee shali file with the Airport Manager acid keep current his mailing addresses, telephone numbers and contacts where he can be reached in an emergency. 2. List. Lessee shall file with the Airport Manager and keep current a list of his tenants and sublessees. 3. Conduct, Lessee shall contractually require his employers and sublessees (and sublessce's invitees) to abide by the terms of this agreement. Lessee shall promptly enforce his contractual rights in the event ofa default of such covenants. i 4. Utilities, Taxes and Fees. Ixssee shall meet all expenses and payments in connection with the use of the Premises and the rights and privileges herein granted, including the timely payment of utilities, taxes, permit fees, license fees and assessments lawfully levied or assessed, 5. Laws. Lessee shall comply with all current and future federal, state and local laws, rules and regulations which may apply to the conduct of business contemplated, including rules, regulations and ordinances promulgated by Lessor, and Lessee shall keep in effect and post in a prominent place all necessary and/or required licenses or permits. 6. Maintenance of Property. Lessee shall be responsible for the maintenance, repair and upkeep of all property, buildings, structures and improvements, including the mowing or elimination of grass and other vegetation on the Premises, and shall keep said Premises neat, clean and in respectable condition, fee from any objcetionaI matter or thing. Lessee agrees not to utilize or permit others to utilize areas on the leased premises which are located on the outside of any hangar or building for the storage of wrecked or permanently disabled aircraft, aircraft parts, automobiles, vehicles of any type, or any other equipment or items which would distract from the appearance of the leased premises. Lessee agrees that at n- time shalt the leased premises be used for a flea market type sales operation. T 7. Painting of Buildings, During the original term of this Lease and during each extension, • Lessor shall have the right to require, not more than once every five years, that the metal exterior of hangar(s) or building(s) located on the premises be reviewed by the Airport Advisory Board for the purpose of determining whether painting of the exteriors of such buildings or hangars is necessary. If the Airport Advisory Board determines painting is necessary, it shall furnish a recommendation to this effect to the City Council. The Councit, may, upon tI Board's recommendation, require Lessee to repaint said exteriors according to Lessors specifications (to specify color of paint, quality of workmanship j and the year and month in which the hangar(s) or building(s) are to be painted, if 4yy needed.) Lessee shall complete the painting in accordance with such specifications within one (1) year of receipt of notice from lessor, Lessee agrees to pay all costs and expense involved in the hangar or building painting process. Failure of Lessee to complete the painting required by Lessor's City Council within one (1) year period shall Alen Aflchey L•eee AJS#enrA • to{e / ' tt 32XI El s constitute Lessee's default under this Lease, 8. Unauthorized use of promises. Lessee may not use any of the leased land or premises for the operation of a motel, hotel, restaurant, priva^e club or bar, apartment house, or for industrial, commercial or retail purposes, except as authorized herein. 9. Dwelli !Ss. It A expressly understood and agreed that no permanent dwelling or domicile may be built, moved to or established on or within the leased premises nor may lessee, his tenants, invitees, or guests be permitted to reside or remain as a resident on or within the leased premises or other airport premises. 10, Quil Possession. Lessee shall quit possession of all premises leased herein at the end of tl,c primary tern of this lease or any renewal or extension thereof, and deliver up the premises to Lessor in as good condition as existed when possession was taken by Lessee, reasonable wear and tear excepted. I i, Hold Harmless. Lessee shall indemnify and hold harmless Lessor from and against all loss and damages, including death, personal injury, loss of property or other damages, arising or resulting from the operation of Lessee's business in and upon the leased premises. 12. Chemicals. Lessee agrees to properly store, collect and dispose of all chemicals and chemical residues; to properly store, confine, collect and dispose of all paint, inclining paint spray in the atmosphere, and paint products; and to comply with all Local, Slate and pedcral regulations governing the storage, handling or disposal of such chemicals and paints. 13. Hazardous Activities. Should Lessee violate any law, rule, restriction or regulation of the City of Denton or the Fcderal Aviation Administration, or should the Lessee engage in or permit other persons or agents to engage in activities which could produce hazards or obstruction to air navigation, obsttnctions to visibility or interference with any aircraft navigational aid station or device, whether airborne or on the ground, then Lessor shall state such violation in writing and deliver writlen notice to Lessee or Lessee's agent on the leased premises, or to the person(s) on the leased premises who are causing said violation(s), and upon delivery of such written notice, kcssor shall have the right to demand That the person(s) resiwnsible for the violation(s) cease and desist from all such activity creating the violation(s). In such event, Lessor shall have the right to demand that corrective action, as required, be commenced immediately to restore the leased premises into conformance with the particular law, rule or aeronautical regulation being p violated. Should Lessee, Lessee's agent, or the person(s) responsible for the violation(s) J~O fail to cease and desist from said violation(s) and to immediately commeltce correcting the violation(s), and to complete said corrections within twenty-four (24) hours following veritten nc!irication, then Lessor shall have the right to enter onto the leased premises and correct the violation(s), and Lessor shall not be resnonsibie for any Al+n PltcheY team* Agreement • Ppe r 12 032 X MN Y 4, ` C • damages incutted to any improvements on the leased premises as a result of the e corrective action process. D. SIGNS. During the term of this Agreement, Lessee shall have the right, at its own expense, to place in or on the lease Premises signs identifying Lessee. Said signs shall be of a size, shape and design, and at a location or locations, approved by the Lessor and in conformance with any overall directional graphics or sign program established by Lessor for the Airport. Lessor's approval shall not be withheld unreasonably. Said signs shall be maintained in good repair throughout the term of this agreement. Notwithstanding any other provision of this bgreement, said signs shall remain the property of Lessee. Lessee shall remove, at its expense, all lettering, signs and placards so erected on the premises at the expiration of the term of this Agreement or extensions thereof, VI. COVENANTS BY LESSOR Lessor hereby agrees as follows: A. PEACEFUL ENJOYMENT. That on payment of rent, fees, and performance of the covenants and agreements on the part of Lessee to be performed hereunder, Lessee shall peaceably hold and enjoy the leased premises and all rights and privileges herein granted; B. COMPLIANCE, Lessor warrants and represents that in Ile establishment, construction and operation of said Denton Municipal Airport, that Lessor has herclofore and at this time is complying with all existing rules, regulations, and criteria distributed by the Federal Aviation Administration, or any other governmental authority relating to and including, but not limited to, noise abatement, air rights and easements over adjoining and contiguous areas, over-flight ir, landing or takeoff, to the end that Lessee will not be legally liable for any action of trespass or similar cause of action by virtue of any aerial operations of adjoining property in the course of normal lake-off and landing procedures from said Denton Municipal Airport; Lessor further warrants and represents that at all times during the tern hcrcof, or any renewal or extension of same, that it will continue to comply with the foregoing. VI1, SPECIAL CONDITIONS i i • It is expressly understood and agreed by and between Lessor and Lessee that this lease agreement is subject to the following special terms and conditions. A, RUNWAYS AND 'TAXIWAYS. That because of the present sixty thousand (60,000) pound continuous use weight bearing capacity of the runway and taxiways of the Airport, Lessee herein agrees to limit all aeronautical activity including landing, take-oft and taxiing, to aircraft having an actual weight, including the weight of its fuel, of sixty thousand (60,000) pounds or less, • • until such time that the runway and designated taxiways on the Airport have been improved to handle aircraft of such excessive weights. It is further agreed that, based on qualified engineering studies, the weight restrictions and provisions of lnis clause may be adjusted, up or down, and that Lessee agrees to abide by any such changes or revisions as such studies may dictate. "Aeronautical Activity" referred to in this clause shall include that activity of the Lessee or its agents or Alen 0ltchey Leese Agreement • rage 10 { 13 ` 25 K C 32X10 0 i i subcontractors, and its customers and invitees, but shall not include those activities over which it has no solicitory part or control, such as an unsolicited or unscheduled or emergency landing. A pattern of negligent disregard of the provisions of this section shall be sufficient to cause the immediate tennination of this entire Agreement and subject Lessee to liability for any damages to the Airport that might result. VIII. LEASEHOLD IMPROVEMENTS A. REQUIREMENTS: Before commencing the construction of any improvements upon the premises, Lessee shall submit: I. Documentation, specifications, or design work, to be approved by the lessor, which shall establish that the improvements to be built or constructed upon the lease premises are in conformance with the overall size, shape, color, quality and design, in appearance and structure of the program established by Lessor on the Airport. 2. All plans and specifications showing the location upon the premises of the proposed construction; 3. The estimated cost of such construction. No cons, action may commence until Lessor, acting by its City Council, has approved the plans and speci fications and the location of the improvements, the estimated costs of such constmc- tion and the agreed estimated lire of the building or structure. Approval by the City Council shall not be unreasonably withheld; should the Council fail to deny Lessee's plans and specifications within sixty (60) days of submission thereof to the Council, such plans and specifications shall be deemed approved. Documentary evidence of the actual cost of cons ruction on public areas only (such as taxiways) shall be delivered by Lessee to Lessor's City Manager from time to time as such costs rue paid by Lessee, and Lessor's City Manager is hereby authorized to endorse upon a copy of this lease filed with the City Secretary of Lessor such actual amounts as he shall have found to have been paid by Lessee, and the findings of the City Manager when endorsed by him upon said contract shall be conclusive upon all parties for all purposes of (his agreement. B. ADDI T IONAL CONSTRUCTION OR IMPROVEMENTS: Lessee is hereby authorized to construct Upon the land herein leased, at his own cost and expense, buildings, hangars, and struc- tures, (hat Lessor and Lessee mutually agree are necessary for use in connection with the operations authorized by this lease, provided however, before commencing the construction of any improve merits upon the premises, Lessee shall submit plans and specifications for approval by Lessor as specified in Article VIII.A., above. • O • C. OWNERSHIP OF IMPROVEMENTS: All buildings and improvements constructed upon the premises by Lessee shall remain the property of Lessce unless said property becomes the property of Lessor under the following conditions, terms and provisions; I. Removal of Buildings. No building or pcmtanent fixture may be removed from the Lt~n ItteneY Leale Aqt ee~n[ fps Al 10 14 r N.w, . 32 X I O 0 t k. premises. 2. Assumption, All buildings and improvements of whatever nature remaining upon the leased premises at the end of the primary term, or any extension thereof, of this lease shall automatically become the property of Lessor cbsolutely in fee without any cost to Lessor, 3. Building Life. It is agreed that the life of the building to be constructed by Lessee on the property herein leased is thirty (30) years. 4. Cancellation. Should this lease be cancelled for any reason before the end of the thirty (30) year exp&led building life, it is especially understood and agreed that Lessor reserves the right to purchase all buildings, structures and improvements then existing upon the premises by tendering to Lessee one thirtieth (1130) of the undeprecialed value of such building for each year remaining on the agreed life of such building. The undepreciateJ value of all improvements is to be determined by having such improvements appraised by three appraisers, one appointed by Lessor, one appointed by Lessee and one appointed by the two appraisers. IX. SUBROGATION OF MORTGAGEE A. Any person, corporation or institution that Icnds money to Lessee for construction of any hangar, structure, building or improvement and retains a security interest in said hangar, structure, building or improvement shall, upon default of Lessee's obligations to said mortgagee, have the right to enter upon said leased premises and operate or manage said hangar, structure, building or improvement according to the terms of this Agreement, for a pe-iA not to exceed the term of the mortgage with Lessee, or until the loan is paid in full, whichever comes first, but in no event longer than the term of this lease. It is expressly understood and agreed that the right of the mortgagee referred to herein is limited and restricted to those improvements constructed with funds borrowed from mortgagee, those improvements purchased with the borrowed funds, and those improvements pledged to secure the refinancing of the improvements. B. Lessee shall have the right to place a first mortgage lien upon the leasehold in an amount not to exceed eighty-five percent (85%) of the construction cost or current market value of the leasehold improvements. O 0 i a, i Alan Ritchey t,fua Ryret".nt Page rr 15 t,"•' 25 x 0 32 x IQ IULNMLJRMMMML~MR&M-WAIL~~ ERA o i X. RIGHT OF EASEMENT Lessor shall have the right to establish easements, at no cost to Lessee, vpon the leased ground space for the purpose of providing underground utility services to, from or across the airport property or for the construction of public facilities on the Airport. However, any such easements shall not interfere with Lessees use of the leased premises and Lessor shall restore the property to original condition upon the installation of any utility services on, in, over or under any such easement or the conclusion of such construction, Construction in or at the easement shall be completed within a reasonable time. X1. ASSIGNMENT OF LEASE Lessee expressly covenants that it will not assign this lease, convey more than ten percent (10%) of the interest in his business, through the sale of stock or otherwise, transfer, license, nor sublet the whole or any part of the said premises for any purpose, except for rental of hangar space or tie-down space, without the written consent of Lessor. Lessor agrees that it will not unreasonably withhold its approval of such sale, sublease, transfer, license, or assignment of the facilities for the airport related purposes; provided however, that no such assignment, sublease, transfer, license, sale or otherwise shall be approved ifthe rental, fees or payments, received or charged are in excess of the rental or fees paid by Lessee to Lessor under the terms of this lease, for such portion of the premises proposed to be assigned, subleased, transferred, licensed, or otherwise. The provisions of this lease shall remain binding upon the assignees, if any, of Lessee. XII. INSURANCE. A. REQUIRED INSURANCE: Lessee shall maintain continuously in effect at all times during the tens of this agreement, at Lessees expense, the following insurance coverage: w 1. Comp:chcnsive general liability covering the leased premises, the Lessee or its J company, its personnel, and its operations on the airport. 2. Aircraft liability to cover all Right operations of Lessee. 3. Fire and extended coverage for replacement value for all facilities used by the Lessee either as a part of this agreement or erected by the Lessee subsequent to this agreement. 4. Liability insurance lcrnits shall be in the following minimum amounts: r Bodily Injury and Properly Vantage: • One Million Dollars ($1,0110,000) combined single limits on a per occurrence basis. i f , 5. All policies shall name the City of Denton as an additional named insured turd provide for a minimum of thirty (30) days written notice to the City prior to the effective dale of any cancellation or lapse of such policy. Aan Artdwy Uw AOteem'nt - Pep is 16 i ~w... r. 25 32 X gar ' e 6. All policies must be approved by the Lessor. 7, The Lessor shall be provided with a copy of all such policies and renewal certificates. During the ler . of this lease, Lessor herein reserves the right to adjust or increase the liability insurance amounts required of the Lessee, and to require any additional rider, provisions, or certificates of insurance, and Lessee hereby agrees to provide any such insurance requirements as may be required by Lessor; provided however, that any requirements shall be commensurate with insurance requirements at other public use airports similar to the Denton Municipal Airport in size and in scope of aviation activities, located in the southwestem region of the United States. Lessee herein agrees to comply with all increased or adjusted insurance requirements that may be required by the Lessor throughout the original or extended tern of this lease, including types of insurance and monetary amounts or limits of insurance, and to comply with said insurance requirements within sixty (60) days following the vxeipt of a notice in writing from Lessor slating the increased or adjusted insurance requirements. Lessee shall have the right to maintain in force both types of insurance and amounts of insurance which exceed Lessor's minimum insurance requirements. In the event that State law should be amended to require types of insurance and/or insurance amounts which exceed those of like or similar public use airports in the southwestern region of the United States of America, then in such event, Lessor shall have the right to requirr that Lessee maintain in force types of insurance and/or amount of insurance as specified by State law, Failure of Lessee to comply with the minimum specified amounts or types of insurance as required by Lessor shall constitute Lessee's default of this Lease. X111. CANCELLATION BY LESSOR ~II 1 In the event that Lessee shall file a vole-~,vy petition in bankruptcy or proceedings in bankruptcy shall be instituted against it and Lessee icreafer is adjudicated bankrupt pursuant to such proceedings, or any court shall takejurisdiction of Lessee and its assets pursuant to proceedings brought tinder the provisions of any Fedcral reorganization act, or Lessee shall be divested of its estate herein by other operation of law; or Lessee shall fail to perform, keep and observe any of the • Icmrs, covenants, or conditions herein contained, or on its part to be performed, the Lessor may give Lcssce written notice to correct such condition or cure such default and, if any condition or default shall continue for thirty (30) days after the receipt of such notice by Lessee, then Lessor may lcrminate this lease by written notice to Lessee. In the event of default, Lessor has the right to purchase any or all structures on the leased premises under the provisions of Section VIII Paragraph CA. (Canccllation) hercof. ~ • XIV. CANCELLATION BY LESSEE • ~1 I .J Lessee may cancel This Agreement, in whole or part, and terminate all or any of its obligations hereunder at any time, by thirty (30) days written notice, upon or after the happening of any one of the following evens (1) issuance by any court of competent jurisdiction of a permanent injunction nl+n PltHU/ boos Pgceem m - Pp. 11 17 10 3 2 x • O. *a , O ...i ' . v. .:.n..•rrr. :.....•r.•1'4gllr 4e Yan.n. r..gi'•yv rr... rr_...~. .r,. ~ w...... , 11Jiy I in any way preventing or restraining the use of said airport or any pprt thereof for airport purposes; (2) the breach by Lessor of any of the covenants or agreements contained herein and the failure of ` Lessor to remedy such breach for a period of ninety (90) days after receipt o of a written nonce of the existence of such breach; (3) the inability of Lessee to use said premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule or regulation of any appropriate governmental authority having jurisdiction over the operations of lessor or due to war, earthquake or other casualty; or (4) the assumption or recapture by the United States Government, or any authorized agency thereof, of the maintenance and operation of said airport and facilities or any substantial part or parts thereof. Upon the happening of any of the four events listed in the preceding paragraph, such that the leased premises cannot be used for aviation purposes, then the Lessee may cancel this lease es aforesaid, or may elect to continue this lease under its terms, except, however, that the use of the leased premises shall not be limited to aviation purposes, their use being only limited by such laws and ordinances as may be applicable at that time. XV. MISCELLANEOUS PROVISIONS A. ENTIRE AGREEMENT. Thus Agreement constitutes the entire understanding between the parties and as of its effective date supersedes all prior or independent Agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both parties. Br BINDING EFFECT. All covenants, stipulations and agreements herein shall extend to, bind and inure to the benefit of the legal representatives, successors and assigns of the respective par- tics hereto. Cr SEVERABILrry, If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Agreement shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. D. NOTICE, Any notice given by one party to the other in connection with this agreement shall be in writing and shall be delivered personally or sent by certified mail, return receipt requested, with postage and registration fees prepaid w, follows: h. If to Lessor, addressed to: i City Manager t City of Denton f 215 E. McKinney Street 11 Denton, Texas 76201 Alan Ritchey Leau Agreement hye 11 1q ` ~0 32XI❑ • r 0 , 4. f i . 2. If to Lessee, addressed to, Alan Ritchey, Inc. s' Post Office Sox 249 Valley View, Texas 76272 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt or affidavit of person making personal delivery. s E. HEADINGS. The headings used in this Agreement are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Agreement. F. GOVERNING LAW. This Agreement is to be construed in accordance with the laws of the Stale of Texas. G. NO WAIVER. No waiver by Lessor or Lessee of any default or breach of covenant or term of this lease may be treated as a waiver of any subsequent default or breach of the same or any other covenant or tern of this Agreement. If. INDEPENDENT CONTRACTOR. During all times that this Lewt is in effect, the parties agree that Lessee is and shall be deemed to be an independent contractor and operator and not an agent or employee or the Lessor with respect to their acts or omissions hereunder. For all the purposes hereunder, Lessee is and shall be deemed an independent contractor and it is mutually agreed that nothing contained herein shall be deemed or construed to constitute a partnership orjoint venture between the parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. C' CITY OF DENTON, TEXAS, LESSOR 3 BY: ! JACK MILLER, MAYOR y ~ a 1 I Y ' '.ar Y It Y Alan Aitchty Lein Ngnament 1446 L{ r~ y1 1 19 , 25 32X c. J r r 1 V ~ I I ATTEST: JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: l HERBERT L. PROUTY, CITY ATTORNEY CITY OF DENT ON,1 EXAS BY ~I. ALAN RITCHEY, INC., LESSEE I THE STATE OF TEXAS § COUNTY OF DENTON y l Before one on this day personally appeared n to me eP*"vo _ to be the person A hose name is subs 'bed to the foregoing instrument and acknowledged to that he executed the same for the purposes and consideration therein expressed. 155 8 Gi> cri tinder my hand and seal of office this I A2)- day ofA.D. I 77 .~ti 'w:A NOtARY UBLICrTATE TEXAS 3 My Commission Expires: MAqyry vASSEY ' STATE Of Tao , M, ,(¢rPl7r'tmt tan lltct'y 6 854 Ag'o*"At - Pogo 11 ,r - - :;~;x~, 7i z ❑ 32 a I x A , II ,afew" t 1 } ATTACHMENT "A" to, Accc31 tfMi-O.L a u,L tr ss//r .ur SPA TAN DRIVE oc laf ray IS e6'36'10' E 180.00' aihnP IS 66*300' E) 90.00 Is B886300, f). 90.00' i' Ia ! IS 68'36'10' E 190.00') u 8 p1F n1 • iooDO'~' _ EXHIBIT, 2 EXHIBIT 3 0~7LACR S U[i2 4GS N 16.200 Sq Ft b 16,2C 'q FI H N e c EXHIBIT 4 0 EXH1311 I m d . 's 0,744 ACRES o 0744 ACRES u 32.400 Sq Ft 3? 400 S q F' c -y 0 o o E c ' 0 H n o 0 0 O O * - O 0 1 r I^ ~ I°03' • r___ n IRS~eoe ✓ IRf/aaP Vt Mo IN 69.36',0' M Ieo.oo•) trq IN 68'300' W) 90,00' IN 86.36110' W{ 90.00' t'q !00.00' (N 86 3610' W 18000') a t u 130' L4IV0 .f tlwi,DE~WL - TAXIWAY I b30' ROW) • • SO'.f .tuft ~I zz;o } ' I . I 21 . f~1•. ~QYd'~44C ew.rr + yyi troy 2s x 10 32 X I O now I 0 A . 1 1 i I c Y ATTACHMENT "A" EV46fT'1 V.Fw 7 P= NOTES to IN thM t fillm Ofd of *4"004 In To W9114m NM Swny, Abend Number 970 M Im FM WTTES b e 11aI aNh 11`201 of WW alWbd M M WrMm Ito! IunoT, About Nnwnbat 110 in Oa dr vd V C~rllflf Of 0 Of Dpibn, Taal and ofp pod of lol 1 lbdl I dM iouocod d AkW M 0aMdehel 0 P 09 W®a1 ~ pd cowry d Dawn Td ltd It" a W d Lot 1 Mod 1 of the SoLSdaW Akw Addfim u fadbn Tom. . o awbje o b Pfd MMWW &OootordW pe 291 of T M d DenbrL Carlbn Cowry, Tow, adeeranq b M M tMtfd low W M CadYM O MOO 295 d 0 r4 the Rol ftwwde efDonlon C iew; 9 tu bpod rod M b" maa IrnabM dwrrOW r lolbn: M ft Rfeom d W"bn Cowry. Tow: MM w6Jod "a bwq repo paAowl" dadEod a ton*"; Commendrq d tha mod Waarty Sou6rwN Comer d laid ldl I dote Comm" Nitwit mar Wedey {owt*w Caner v am Lot I %"I; r V41! North 08 Apra b MrA" 21 Sxe , 61 E M flth M WaR 4v Inpfd I dolma d 1017.5 M hd THENCE North 06 Dlpfw SE OVA 21 Cecorde CM w1h To Wal M 9drod I dlrrana of 1061.51 hot 90 a amen' Mo a tamer, T)fEN" South W DVM U WV" 10 Soaona EM I d1dllnee or 351. N fM to 1 copped tan rod W THENCE SOOT 11 DptM k Meufaa 10 Seam Fed a dYhnoo o (W.84 lad b I copped Iron rod eat be M Soultrood Cane of M NpM dopabed not a% to Npth alto of a 170 bar %*"I, drathepo and u90y M M iafi.Od Corry d ft hereto doe- I nd It 1d NoAI W of 1 00 foal %to .4"0 aW Ally oesomort at two Seuth"M Conn da 60 aoaw, 6nvpa and u9Oy eawmen0 so"rvwsott THENCE North 01 DoOrM 21 k*Mn SO Sooorrdl Eed Mh ow ood M t *,W I tout of 110, 00 AOI TNtNC! North OM MQM 23 WVM 50 61anda god f dabnbo of 1100 16ot le e coppW ion too Iol b I ent'Od M rod ad h M 4a9reao Comm of M how deoatbW nd h M South too of sW 60 lent la M NorTned Caron of the MroM dnaDOd Ind b M SOLO i+a Of Lid 00 Sea DO", Crah494 end ettnoe, dwago end uSk o.eomonL low" n Spsftw DM ut0y Iampd Item oa $Pew DMI: TKNCS Saar 66 Dooooo 74 Craft 10 Second. Esd we to South %4 Mnd a doyna of 110.001 of THENU S0A U Owm K Unto. 10 Soons a" we M twth"IM+od o 6ldana of 90,00 het to a n mod Ivy r ud ed hr M NarM M Comp of M MnM dee0l6aa na le a appW tan rod so 1W e u NorOwd Cane of 9N b~ daaarbW na TT/ENCE South 01 Do9ro" 20 f rut" SO $o " Wed a toot of 110 00 het b f appW Iron r W nt rrece South 01 Depr$" 23 Mnubo 50 t wAG woo a "Lem Of 110,00 44 101 plow 10n fod sm for tM SoLO.,d Comer of the hewn dooobod net M Ino North Ina of mid 130 ftO oame nt fat M SeuM fd Cane d M two a dooaI nd b M Nord) bw d ood 110 fed owmeM T}¢ Ce North U D070e M %V-0 10 SooaAO Wow with BSA Nato No f deans of 160.00 hot to tho T/e C! NoM 16 D*VM 34 W,Lye 10 Socori01 Wed WO lad North 1no a dW na1 of 00.001M b the DUCE CP 6lOINMNO IM endowq 12.400 tauaro IM dIan6. PLACE C0 IEONNM and and x11+911200 pi an fed N w1a. i 1 • t 1 i i y r 22 hik~.r 2"~ x ❑ a. 32 x • Y r.; I 4 aaswnb ti f ' ATTACHMENT "Cn . WISH 3 EXKW a MELD NOTE 6 to ■0 t41 art,in tad of I■rW aful4d F M MUM NM SWwy, ADwad N~ 0701n M Mb NOTE/ b am tut w&b tad of ISM sLoW in tr Waw Nd Sean. AArat N.•nba 170 m M 3r and CavrtrdDorron,Tarnd brq 1Ws'Lat I!lack1 dN SaMaMAYpat Add4m, Naddbn elf WCeW*dDWOWL law"" 1 pan M Lot S ftd 1 Of M Iwtrr AI9ad MOWL an Milton O to Cry d Aaron, Dorfon Caunfy, TOM, afa :Ip b ma PW trrsof halloo nCab" 6 Ps" 29S of h M Ch of Dawn, Damn Owdy, Tom. loow&d b to Peal mend noenM in CIbMat 0 ►Ipm 2M of d4 plv RocaoY d Do ron Cau dy, Tour, M / i M 1 tad bo►q n or1 paANllny dooabed r Iahmn; N MN f4aaq{b N Omrrn Ceumy, Tear; M rraw tnd Irrq men pa lanenf eolubld w kalamr, C4mmor4ty at are mat WMany lautnnal Came N wick W L 110a 1; Commencing d M Rift Wrbth 6ouorN Coma dMid Let 10104 1: THENCE Not 06 Dena 30 1Ar ae 21 Soana EaM with to Wow w trncf a ewbnco of 10e 7,51 fee rnexcE NWA 06 Dapma 34 WA M 21 swrw% EM "M M WON W Mnef a dwbnn of 1017,51 feet 'a aumer, b1 w,,, TN-NC E Sovm M Dprno 30 W Wre I P Somwo Eat a &o n" If M 64 Jock b 1 appal Fen red so THENCE Saul, N DprrN 11 MnoW 101wards lad I dlbn0l of 210." fool b e npOM ton Rif M to M SauowM Coma ofto harm daarbed tad n to Norm ]Jos of a 130 fa+f bn„y, dnarga and ulYlq h h SaArnt Conn d M Mrmt, daaabd f W n M NoM IM d a 170 bee bldray, glAnage aM Wry laaament oMOmant TMENC E NoM O1 Dpnre 27 ASrnnN 60 Sacar,aa EM a d W na ar 110 00 fiat b 1 appal Yen and M RIENCE Norm 01 Degrooa 23 ktwwe 50 Socoms Eat a daawda of 1 go 00 bM b a apead to rod 1M - 'or ma NaM+.M Cana of M herein doSenbod tad in M Scum W d M! 60 fool Bear, dranpo aM for M No&*,W Coma of M lain dsealbW nd in M Swam W of 1040IW afar, a'Wapa and ut,M laamam lntwm 19 Spahn Dnn'. 1,1007 Mwmod than se 6pwbn DAN; --)"U4E SM Se 0"'W 30 31n641 10 Sands EW WO IN 50u1h No tvnaf a dwalnp of 10 00 Noe THENCE Ialh u 0" k W .Ar 10 Sacala EM we, to &PA+ W owed 1 dYbha of 110.00 100 a o upped rw rod sm fa to NonhoaM Comw of M MrM fo$g6W t14 b I ao,Vd w lad found W M N04400 Conn of to flaro%l dM I - L14 THENCE Swum Ot C491 M 21 W044 50 Sooondl Wwt a d b^u If 100.00 M, b 1 apW son rod w THENCE Z%& 01 Dena 23 *KMw SO 6eowrb Wad a dMaaa d f10A0 NM b 1 - P; ten rod bond !w to Souneaa Camw of oo herein dw.nbed tad n Rio Nero W d U4 110lad ommomb tw The kANCt CaMr d M Mnn doscrbo6 hoe n me Nam W of eMd 130 fIM mawmarR 1HENC E NOM U Opng 56 Mmfto IC Swado Wee rem W7 Nwti Lna o dwaana of 10.00 4a b t s THENCE Nam da Dogmas 30 Mndbm JO Socwrds Wow we wad Nat W a dbbnoa of 16.00 feral L M PLACE O1 4ECINN',N^. oM endoevq 11100 aauerl feat of IoM. PLACE OF 6E011,MG and w4oWtp 32.400 qW+o fM of lad. TMw F1tl Moir aaN M aeoempanlmp aleAth wrfa prapaW fan r wr'rmY made uMw , my dupe6ft W wpwAwm on Awl 17, 1M4 Than we M v%W a IM$md ntubn. pnavlla, Of ` searhwA aapaa HOWL 1 C M RFLS _d,56 Rio Darn of of 1Mrdvb 6. • IN. Fam IIP~LS No. 4 1~-~56 - eq r + ;1 1 a` tJ~vl 23 J 0. y C . "fI N~J d..Y?..UA.I-, k ,r „ ,R. ti L , .r, 0 I V f ;r ~ p i 46 l F r~ A ~ ~U1V/l~ 0 1 >n r,4VIN6peuGG,e Bfc , . ~ fp! /IANb~i~ i o ~sa~r N 2v~r4 oric OE l2peo " Z ` -D Fl ZI ~'1~ 1~A~~~ltC~r Go 9s~566/81 7 1R4 r Yfi~l~w.~x~ d~ X 3 L W ~~;1 rjy'a Ry° 2 x 5 x i +i . r, / 0 , . _ , . .'..n L-.r.. ue.i, ,.1+:'. F.,. L':Rr Rwra a..,~.~:'.:..M~PNPF,!!•t@@.xnv.,:~'....o:n.r •.n..~..ne..w....~ AGENDA INFORMATION SHEET AOmds No Ayoi~Qa Ilan AGENDA DATE: May 12.1998 Oa1e~_.~~ I DEPARTMENT: Planning and Development DCM: Rick Svehla , @ SUBJECT Consider approval of a resolution recommending a location for the Texas Department of Transportation Governor's Community Achievement Award; and providing an effective date. As part of the 1997 Governor's Community Achievement Award from the Texas Department of Transportation and Keep Texas Beautiful, Denton received $60,000 for a landscape project on state right-of-way, On April 14, 1998, the Keep Denton Beautiful Board recommended to the City Council that the Tandscape project be installed on Fort Worth Drive between 1-33E and Collins Street. The recommendation was made after reviewing several sites suggested by the City Council at their August 26, 1997 work session. At the October 14, 1997 Keep Denton Beautiful meeting, the Board of Directors recommended Fort Worth Drive as the site for the landscaping award. Letters from the Texas Department of Transportation Indicating that Fort Worth Drive has been designed to Include landscaping and that landscaping may be Installed at the end of the widening project were provided to the City Council with the April 14, 1998 back-up materials. ESTIMATED cClIFI&I F, OF PROJECT TXDOT began widening Fort Worth Drive In February 1998. Landscaping will be installed at the end of the widening project. Completion of the widening project is currently scheduled for March 1999 and landscaping could begin in March 1999, PRIOR ACTION/REVIEW 'I lie City Council provided direction to proceed with the Fort Worth Drive site at the April 14, 1998 meeting. The City Council reviewed several suggestions at their August 26, 1997 work session )LISCAL1NF12MIATION 3 0 According to TXDOT estimates, the landscaping will cost approximately $61,000. The Governor's Community Achievement award provides $60,000. TXDOT will provide specific costs with the design I for the landscaping, i i RESPECTFULLY SUBM1 'ED: • , • PIV' pared by: ~ I Pre Director, Planning and Development J ft,. Cecile Carson Small Area Planning Manager 32 X r tV RESOLUTION NO. A RESOLUTION RECOMMENDING A LOCATION FOR THE TEXAS DEPARTMENT OF TRANSPORTATION GOVERNOR'S COMMUNITY ACHIEVEMENT AWARD; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in 1997, Denton received first place in the Keep Texas Beautiful, Inc. and Texas Department of Transportation Governor's Community Achievement Award; and WHEREAS, the Texas Department of Transportation provides a $64,000 landscape award to the winner of the Governor's Community Achievement Award; and WHEREAS, the City Council and the Keep Denton Beautiful Board held a joint meeting on August 27, 1997 to discuss the site; and WHEREAS, the City Council and the Keep Denton Beautiful Board recommend that the Texas Department of Transportation landscape Fort Worth Drive (U.S, Highway 377) from I- 36E to Collins Street; NOW, THEREFORE, i THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I, That the City Council requests that the Texas Department of Transportation accept the Fort Worth Drive location for the use of its Governor's Community Achievement Award and prepare plans for the utilization of the Governor's Community Achievement Award 1 funding to landscape Fort Worth Drive from 1.33E to Collins Street. 1 SECTION IL That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ dry of 1998. • JACK MILLER, MAYOR 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: 1 HERBERT L, PROUTY, CITY ATTORNEY w BY: ~We lM~rA~lOl'Ow Danoenaledu6w~'.M smnnMq nnawwN ke 2. 10 32XIO t r C. i, e:-:•, I ,.r,>,^r.-~ yime Y<;w .il~dful^1.b'Yr"~M:~?'ra4R.a'^!nkwK7on div.,, .^r, y AGENDA INFORMATION SHEET agnnca No Agenda item 1 Date AGENDA DATE; May 12,1996 j l DEPARTMENTi Planning & Development ` CM/DCM/ACAI: Rick Svehla, Deputy City Manager * UB~ JECT - An ordinance of the City of Denton, Texas amending Article V "Public and Semipublic Swimming Pools" of the Code of Ordinances of the City of Denton by amending Section 14.113 "Permits to Operate" to reduce the annual swimming S pool inspection fee, providing a savings clause and providing an effective date. BACKGROUND On September 2, 1997 an ordinance was approved increasing the annual swimming pool inspection fee from $160.00 to $190.00. Upon further review by staff it was determined that the increase was not necessary to cover the actual cost of inspections. Inspections of public and semi-public pools an performed a minimum of 3 times per swimming season. However, numerous pools will require more than the minimum 3 inspections. The additional inspections are a result of violations observed during previous inspections PRIOR AC'1ION/RF,VIEW (Council. Boards„ Comm is%lgui] On September 2, 1997 Council approved an ordinance increasing the annual pool inspection fee from $160.00 to $190.00. This ordinance reduces the fee to its original level. Staff will be reviewing all of the fees in the 98.99 Budget. FISCAL NMRAIATIOly It is estimated that with the roll back, public and semi-public swimming pool inspection fees will generate $16,160 in revenue for 1997-98. The current 1997- 98 revenue projection, which includes the fee increase, is $19,210. y i I Res tfully s bm' y i I a t, ~ td M, Hill Director of Planning & Development w' • ' Pr ared by' Mitchell ilding official 1• M ~ k ~ ,'1 1. L 25 10 1? JIlYNfall ~ r Q 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ARTICLE V "PUBLIC AND SEMIPUBLIC SWIMMING POOLS" OF THE CODE OF ORDTNANCES OF THE- CITY OF DENTON BY AMENDING SECTION 14.113 "PERMITS TO OPERATE" TO REDUCE THE ANNUAL SWIMMING POOL INSPECTION FEE, PROVIDING A SAVINGS CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, an ordinance was passed and approved by the City of Denton on September 2, 1997, setting the annual swimming pool inspection fee at One Hundred Ninety Dollars (S 190.00); and WHEREAS, the City of Denton now recommends that fhe annual swimming pool inspection fee be reduced; NOW THEREFOREt THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS. SECTIOtj 1. That Section 14.113 "Permits 7o Operate" of the Code of Ordinances of the City of Denton. Texas, subsection (c) is hereby amended to read as follows: (e) An annual. fee u hereby established for the impecrioa of swimming pools in the amount of S160 00 for each pool. SECTION R. That save and except as amended hereby, all the sechom, sentences, and chases of Article V, section 14-113 of the Code of Ordinances of the City of Denton, Texas shall remain In full force and effect. SECnON III. That -bis ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1997, JACK bI1LLER, b1AYOR AMi>:ST: JENNIFER WALTERS, CITY SECRETARY 81,; I APPROVED AS TO LEGAL FOR.`f: HERBERT L. PROM', Cl n- ATTORNEY BY: -C t k i 2. ' r s NoWHO D ' o WWWWAM Ada No.. Agmrnda Item, _ AGENDA INFORMATION SHEET AGENDA DATE: May 12,1998 DEPARTMENTt Planning and Development C MCM/AC111: Rick Svehla.0y SUBJECT A resolution by the City of Denton, Texas authorizing the City Manager to sign and submit to the Department of Housing and Urban Development a 1998 Action Plan for Housing and Community Development with appropriate certifications, as authorized and required by the Housing and Community Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended; and providing for an effective date. BACKaRQUND Development and submission of an Action Plan is a prerequisite for receipt of Community Development Block Grant and HOME funds, The plan includes information on funding rvailable for 1998 community development programs and proposed activities. Each annual Action Plan is a component of Denton's 1995 Consolidated Plan for Housing and Community Development. Regulations require a 30-day comment period on the plan and at least one public hearing. The offic'al comment period for Denton's Action Plan was April I through April 30. A public hearing was held at the regular City Council meeting on April 21, 1998. The comments made at the public hearing are included as "Attachment E", and will be incorporated into the approved 1998 Action Plan, No other comments v cre received. ESTIMATED SCHEDULE OF PROJEC City Council considers approval of Action Plan May 12, 1998 Submission of Action Plan to HUD June 1, 1998 Environmental review process May 15 my 20, 1998 Release of funds by HUD August 4, 1998 Project initiation August 5, 1998 , Projectcompletiun July 31, 1999 PRIOR ACTIOVREMAY (Council, Boards. Cammisslonsl Community Development Advisory Committee members developed recommendations for use of $1,715,481 in CDBG and HOME funds on housing, capital Improvements, 0 nonprofit facility improvements and program administration. CDAC Committee minutes • are included on pages 55 to 76 of the Action Plan booklet The I luman Services Committee members developed recommendations for the use of 5179,547 in Community Development Block Grant funds. See pages 77 to 164 of the Action Plan booklet for HSC minutes. Page I ;tea . ~ r 1 1 I I City Council was presented with CDAC and HSC recommendations on April 14. A public hearing was held at the regular council meeting on April 21. III i City Council members have expressed concern regarding funding for the City's summer playground programs. In response to these concerns, the Parks and Recreation Department reviewed and revised budgets for the King's Kids and Owsley Summer Playground programs. These revisions reduced the amount of funding requested for the programs due to a shorter than expected summer vacation period. A memorandum from Janet Simpson, superintendent of leisure services, explaining the revisions is included as "Attachment C." A memorandum from Barbara Ross, community development administrator, discussing additional funds available for the playground programs is included as "Attachment D," FISCAL INFORMATION All projects and programs approved under the 1998 Action Plan are funded with CDBQ and HOSIF funds. No general fund dollars are included in the proposed 1998 Action Plan. BID INFORMATION Each project will be bid according to Federal and State and local laws and regulations. MAP A map showing the location of proposed activities in included on pare 43 of the 1998 Action Plan booklet. Respectfully submitted: D fill Director of Planning and Development Prepared by: 1 Barbara Ross Community Development Administrator Attachment A: Resolution, page 3.4 Attachment B: 1998 Projects/Activities, page S Attachment C: Memorandum from Janet Simpson, page 6 • Attachment D: Memorandum from Barbara Ross, page 7 0 Attachment E: Public Comments, page 8 ~J Action Plan booklet provided under separate cover. Page 2 32 MALM e , o i x~ ATTACHMENT A RESOLUTION NO. , A RESOLUTION BY THE CITY OF DENTON, TEXAS, ;AUTHORIZING THE CITY MANAGER TO SIGN AND SUBMIT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT A 1998 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOP- MENT WITH APPROPRIATE CERTIFICATIONS, AS AUTFIORIZED AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED AND THE NATIONAL AFFORDABLE HOUSING ACT OF 1990, AS AMENDED; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, is concerned with the development of viable urban communities, including decent housing, a suitable living environment and expanded economic opportunities; and WHEREAS, the City of Denton, Texas, has a special concern for persons of low and moderate income; and WHEREAS, the City of Denton, Texas, as a CDBG entitlement City and a Home participating jurisdiction, has prepared, through a citizen participation process, a program for utilizing its entitlement funds and program income in the approximate amount of 51,715,481; and WHEREAS, citizen participation requirements, including the holding of public hearings, have been met; and WHEREAS, the Community Development Act of 1974 and the National Affordable Housing Act of 1990 require an application and appropriate certifications included in the Consolidated Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Council of the City or Denton, Texas, authorizes the City Manager to sign and submit to the Department of Housing and Urban Development an Action Plan and appropriate certifications for entitlement funds under the Housing and Community e Development Act of 1974, as amended and the National Affordable Housing Act of 1990, as amended. SECTION II That the City Council of the City of Denton, Texas, authorizes the Director of Piaruung and Development to handle all fiscal and admutistrative matters related to the application, the Consolidated Plan and the certifications. SECTION HI That the City Secretary is hereby authorized to furnish copies of this O resol rtion to all interested parties. SECTION IV. That this resolution shall become effective immediately upon its passage and approval. Page 3 K -10 25 32 i 1 PASSED AND APPROVED this the_ day of , 1997, I JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY , BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: bz' ✓ /LW J^ F Owe$ dep LGL O W Prwrria itndM:rn aT mm.nlp ! r,ligmnn r•.m OF. 6s } t, Page 4 04 IF 10 s C I ATTACHMENT B 1998 PROJECTS/ACTIVITIES CDBG AND HOME FUNDS The City of Denton's total funding for 1998 is $1,715,481. Program funds have been allocated to an array ' of projects and activities to benefit low and moderate income households. Each project is described in detail from pages 9 to 38 and are arranged by project number. See the following list of CDBO and HOME proposed projects and activities for their assigned project and page number: Project0 Project lActivity Name Amount Page 1 Adul a Care fNorth Texas 12, 9 14 AIDS Services of North Texas S 12,000 10 19 Bo A Girls Club of Denton Co. $ _4 847 t 1 02 Carpenter Rd. Water Project S 37,610 12 34 Demolition Program _ $ 50,000 13 05 Denton Affordable Housing Cory-Affordable Housing S 100,000. 14 04 Denton Affordable Housing Corp-Operating Costs $ 24,05 15 35 Denton CiCo. Day Nursm Roof $ 7,775 16 03 Denton Community Development Administration S 287,596 17 36 Denton Co. Friends of the Family - Electrical Rehab. S 9 86 i 18 31 Denton Co, Mental Health Mental Retardation Center $ 15,000 19 20 DISD TTRIP_S_ S 10,000 20 06 Emer enc Repair Program s 50000 21 38 Fairhaven Retirement Home s 9,500 22 39 Fairhaven Retiremt,:t Home, Inc, Rehabilitation $ 23,294 23 40 Family Health Care, Inv, S 20,000 24 41 First Texas Council Camp Fire Boys & Girls $ 5,000 25 42 Fred Moore Nursery School - PlaLrog and $ 11,630 26 43 Ga 4a/Brid es Water Project S 92,660 27 _ 08 Homebuyer Assistance Program S 3080195 28 { 09 Homeowner Rehabilitation Program $ 313,211 29 16T HOPE, lnc, $ 25,000 30 44 North TX. Human Resource Group $ 10,000, 31 45 Ousley Park Repave Project _ u S 132,200 32 46 PARD, ASA_S/FRAC Scholarships S i 51000 33 _ . 22 PARD, &ILK Kings Kids Da~~ S 22,000' 34 23 PARR, Ows~ Summer P_kground Program S 14,000 35 41 REACH, Inc. S 5,200 36 49 Se uoia Park Speed Humps Project _ $ 13,5001 37 07 Tenant-Bascd Rental Assistance - Fairhaven, Inc. u S 74346, 38 TOTAL FUNDS ALLOCATED $ 1.715,431 1 • 1997 FUNDING AVAILABLE i S (1,715,481) 1 i -LUnprogrammed Funds S _0 Page 5 I~ 0 o I I I rr001W= ATTACHMENT C mwmn CITY OF DENTON, TEXAS PARKS A RECREATION DEPARTMENT 321 E. WK1NNEY @ DENTON, TEXAS 76:01 (940) 344-PARK FAt e040) 349.0384 Memorandum To: Barbara Ross Community Development From: Janet Simpson r Superintendent t S'e ure Smiees Date: April 20, 1998 Subfecv: Budget Reductions for King Kids Day Kamp and Owsley Summer Playground Program The following are the revised 1999 budgets for the King Kids Day Kamp and ONsley Summer Playground Program. As indicated at the City Council 1Vork Session on April 14, 1998, the change in the school calendar to a ten-week summer schedule allowed staff to identify $2,144 in savings from the 1997 funding level. Any further cuts would prove detrimental to the quality of service offered at these programs. h King kids Uay Kamp pwsley Summer Playground Program ; 1999 Reslsed Request 1999 Revised Ile uesI I --q 8026 Staff 512 664 r 8026 Staff $7621 8061 FICA _ S.'9 ; 8061 FICA - 53 ° 6064 VJorkcrs Comp - SOS' 8064 Workers Comp-- 119 J 4 . 8112 Recreation Supplies 8Pr i 8111 Recreation Supplies 2.228 8502 Speaal Services 7 143 F ! 8502 Special Services 5015 r focal Request 524 385 Total Request 515,421 Culal Saving~ _ _ T $63 1ST Total Savings_____ 1529, Please contact my office at x8274 if you have any questions. ° \c Michael W lee Ed Hodney a R , t Ehhu Gillespie Cirilo Pedroza k A!. I: r Page 6 DEVELvr-,,,:.AT E 32> yyh L ~ v I 1 v -I 4 L 1 ]Ct 0 r.. a _ .r-'_....:w.,i _ ATTACHMENT D t; MEMORANDUM tr ' TO: Mayor and Members of the City Council THROUGH: Dave Hill, Planning and Development FROM: Barka+a Ross, Community Development Administrator SUBJECT: PAhU Program Funding Amounts DATE: April 23,1998 Attached Is a memorandum from Janet Simpson revising requested amounts for the 1999 summer playground programs at Owsley and MILK. The revised amounts are $3,807 less than funding amounts recommended to City Council by f the Human Services Committee. r In response to Council's concerns regarding the need to maintain viable programs in these areas, staff has revic~:ed available program funding. In program year 1998, after final reimbursement for services under the Owsley Summer Program, a balance of $3,151 remained in the budget. These funds are a oailable to be reprogrammed to the 1999 Owsley and Kings Kids programs, Reprogramming the $3,151 will reduce the difference between the PARD budget { request and HSC's 1998-19 recommended amounts to approximately $700. It is likely that this small amount will also be available in unused'97 or'98 human services funding. Historically, there are a small number of agencies that do not use all their budgeted funding, Upon request by PARD, the additional $700 can be provided from these unexpended funds. i ` Please call me at 3497235 if you have questions or need further Information, ' 1 ti it n e Page 7 r i. , 10 32XIO r { ~ 1 1 I . n... • .i e..... r.. ran.". n!-. •.rl w... i.. .nnr~-.. ~ r ATTACHMENT E PUBLIC COMMENTS 1998 ACTION PLAN FOR HOUSING AND COMMUNITY DEVELOPMENT • Charles Stafford representing the Denton County ChiLren's Advocacy Center provided a brief overview of the organization, its purpose and how is was developed, Mr. Stafford requested that city council provide additional funding for the Center. He read a letter from Cynthia Mitchell, Vice President of the organization, asking council to reconsider the Human Services Committee's recommendation and to provide more funding for the organization. • Jim ;frown, a board member of the Denton County Children's Advocacy Center, stated that there a been an increase in the child abuse case load, He stated that the Center handles many cases from the City of Denton and asked council to provide additional funding for the organization. • Heather Rattan, assistant district attorney, stated that the Advocacy Center reviewed with council the process that previously took place when a child was the victim of abuse. She indicated that since the Advocacy Center began providing services. children are no longer subjected to these processes. She asked the council to consider additional funding for the organization. i • Emily Fields, director of the Denton County Children's Advocacy Center, also asked the council to consider additional funding for the agency. She provided information I on current services and the number of clients served. Ms. Fields also commented on 1 the use of the facility by the Denton Police Department. a Melanie Barry, executive director of CASA of Denton County, spoke in favor of the Yuman Services Committee recommendations. She reviewed the services provided by CASA. t . ; • Sherri Gideon representing Denton County Friends of the Family thanked council for their support of the organization. She also thanked them for their support of • organizations like the Advocacy Center and CASA. S x • These comments were received at the public hearing on April 21. No additional j comments were received. r y, t Page 8 w, 7 , WIL 25 x I~ szxld :;r l 1 1, 0 ! t t 1 1 0 f r,. 4 } f 1t 1 1 eY 4 ditlr.~:-'AiWJ'AU~YwYaAa4Yw........,.wr..:.wn.wwm.x+.~.:.a.t.aJt.v'ecw.awu.«...."u.riwavw'.~agJR6bi+W~Wl/nn>tRwM~vww Mn..:. ~ .,.w'.. Agenda No. Agenda Item , Date - 1 Ire 1 L CITYOFDENTON, TEXAS MUN1cIPAL suxDINO DENTON, TEXAS 7620f TE I PHONE 8f7.SM-8309 f 01W or ma City Secrelafy ,Y r x M. MEMORANDUM X46+ ~t DATE: May 8, 1998 tit 4 TO: Mayor and members of the city council a FROM: Jennifer Walters, City Secretary a~~ 1 SUBJECT: Board/Commission Appointments The following is a list of current Board/Commission vacancies/nom nations: s Mark Burroughs is no longer on the Cable TV Board following his election to the City Council. C This is a nomination for Council Member Beasley. r if you require any further information, please let me know. Jenn f r Walt t City ecretary { S ACCOODF4 , ! 1~{ ' 11 S' 'DrCka kd io Quality Sn vkr" K , ,.r.z*awt~ r a .5 x +se 4.. F 32X -A t . 9 .k r I. Agenda No _ 70 Agenda Item 1AIS AGENDA INFORMATION SHEET Date_ AGENDA DATE: May 12,1998 DEPARTMENT: Electric Utility ACM: Howard Martin, Assistant City Manager/Utilities SUI>7,IF.CT s.^ RECEIVE A REPORT AND HOLD A DISCUSSION REGARDING THE POTENTIAL y IMPACT OF TMPA STRANDED INVESTMENT ON THE CITY OF DENTON AND y POSSIBLE SOLUTIONS t BACKGROUND ;r The issue of the rising cost of TMPA debt and the stranded investment it will create, When retail deregulation is implemented in Texas, has been a major concem for some time. The Public Utility Board and Council have reviewed data and received briefings on several potential solutions to this problem over the past year. The Mayors and City Managers of the four TMPA cities have been working together to identify solutions which would met the needs oral] the Cities. In order to assist in identifying the best course of action for the City of Denton, the Reed Consulting Group has prepared an analysis of the options that have been Identified. 1 ^ PRIOR ACTION/REVIEW (Council, Hoards. Commissiooa) None. FISCAL INFORMATION The debt associated with the Denton Municipal Electric Utility's share of the TMPA assets exceeds $250 million. j i Respectfully submitted: Sharon Mays I ' e r Electric Utility Director i ~ tr , ra Tr~°°'h' • ~ J~~~t. 7i K d 32 x I ' I r I C r C i I City of. Denton Electric Utility System Options for a Competitive Landscape - May 12, 1998 Q~ CIIIIIIII& :loop 2Sx~CI 32x0❑ ti v.>wm 7 y Discussion Topics ■ Introduction to REED ■ Dec iton's Situation and REED's Approach ■ Global Electric Restructuring ■ ERCOT and Texas IOU Restructuring s Other Municipal's Actions ■ Identification of Denton's Alternatives ■ REED Evaluation Process ■ Analysis ■ Conclusions and Recommendations ? ■ Appendix: Current Generation Asset Divestiture Activity ERCOT System Map • 2 t111111111 Mop - K. l 0 32X10 Q L r "NAM i I I I ~ qU% 1 i w Presented By: uunrm uirr unnnu unr James M. Coyne Prescott C. Hartshorne Vice President Senior Project Manager 200 Wheeler Road, Budinplon, Massaohw us 01803 2W Wheeler Reed, BurNrVW, MassschwMM 01803 MAIN: 781.210-0101 DIRECT: 781.58-9773 MAIN: 781.270-0101 DIRECT 781.581.9148 FAX: 781-27D-0418 EMAIL .cow FAX: 781.270-0118 EMAIL DharI0wr*&,ogrOW tom uurniu urri Allx 0. Peterson E Consultant r fg 200 • MAIN: 7m801 210-0Rood, 101 V~DIREC 7811-564-0766 FAX: 761.2704418 EMAI .em ® 3 arrlnu~r srrrr ~ M.A R5ieiE ` ` MJ` ~~xla 2XIO e c , 33 F 10roduction to REED ■ Founded in 1988 ■ Offices located in o Burlington, Massachusetts o Pasadena, California o Austin and Richardson, Texas o Sydney, Australia ■ Focus on Electric and Natural Gas Industries ■ Client base in the U.S,, Canada, United Kingdom, { Australia and Africa ■ Affiliated consulting firms: o Metzler and Associates o RMI • o Sterling Consultants 111 ® 4 ~i~iruuo ur~► ~ +v ! ry 25 1❑ 32X 4 o r X 11 Yi it ~ t t REED's Areas of Expertise FinenclallEconomlc Services Strategic Planning Industry Restructuring Divestiture and Privatization • Development and Implementation of • Valuation and Aopulsluon Strategic Plane • Oe J~ Aocess/Retall Choice • Risk Management and Anelyels • DeveloprnerN of OENCO and Corporate R Cost Studbs![eetimony • Financial Due Diligence Trading Functlons . • Stranded Reorganization • Mergers, Joint Ventures, and Allienw. • Wholesale and Retall Marketing Customer Education Strategies Strategy • New Ventures • Benohmarkirg mid Competitor Analysis • Telecommunications Strategy Energy Market Analysls Market Pricing Resource Procurement • Modeling and Forecasting Price Forecasting • Retail and Wholesale • Entry Strategies • Development of Oe»aoBldding Competitive Bidding Power strategies OaUEleclift Services • Regional Market Studley Transmission Congestion Pricing • NJ" Analysis of Resource • Load ProrilelAggregetion Studies s PerlormwwwBased Retemeking Planning and Procuement • Standard Offer and Distribution • Wholesale end ReW Pricing • OaslEiectric Contract Service Rate Analysis Strategies Negotiation 4 Suel and Energy Proaxamart • rrrtruiro arras 4 ~5 ~Q 'i7X10 s c , 1.. ._,,.._.,_...._..........~..,........aw+w.>«.:«.,.,.........-....,.•.....__.,._ .............~,....~.,...,.,.........e.e.r...+nv~w.wwntr-.e.; rnKYr -ray ;E Understanding of Denton's Situation ■ Denton is evaluating options for its share of the Texas Municipal Power Agency (TMPA) and other power plant assets ■ The City requires financial and strategic support to evaluate the options ■ Resolution of an ~ y potential stranded costs is of primary importance ■ Denton is seeking a solution which is optimal for its specific circumstances 6' ~tMt~►tu~ u~~r i r.1+s c, 10 32 x 0 'Y 0 r 1 1 ` I Al 1 ~ ~ t' 4.i ~~1~. _...~..~_......«....~..........+..nvMWw+~»s~~uti~w.v `a+wn.~..+,«.......~~.::.J.... -..e.....J 1. .ry k Fs i REED is completing a three-step evaluatlon process { ■ Identify the alternatives ■ Evaluate each alternative ■ Present and discuss findings s d 11111111/1 11111 1 A \'A 1. 1 1 1, J.. r 0 r _._...,.,...:....,..a.:..aa..+r,r.e.+<awa+rrw..•.+*+r!e+..n„r...+.ww+n..wau«nn~nrwnn!!.yw.+aa,+M•w'1Rrnaa~~h"Pc;W..,+,R'rkKM~# <r r ,r i Global Electric Privatization In general, state-owned energy Industries have been privatized to achieve one or more of several economic objectives. ■ Raise revenue for the state ■ Raise investment capital for the industry/economy being privatized ■ Reduce goverment's role in the economy ■ Promote wider equity ownership n Increase efficiency • ■ Introduce greater competition 0 Expose firms to market discipline s. 8 IIA11111AA 11111 i w 25 X 10 32 x u swruaN 0 I i r .n....+u.+r+er+ewnrac4Mw;ww.iny...aw..n.,ne.....ra.nc...r..n«,rhv..Mwrw.frnubWM WMntMM1Mr^bl /MYS1YgMfMUyb.•,. Drivers of Electric Restructuring 1 1 • Government regulation end • Deregulation, privatization and ownership market discipline Global Capital Resource Product Market Markets Markets • Unrestricted t Industrial demand for cheaper • Consumer cross-border Inputs: oil, gas 3 electricity demani for k capital flown • New more efficient generation lower cost of j electricity 1 Competitive Eiectrlo Industry It Open Access Stranded Competitive Privatizations/ Transmission Costs Gencos Unbundling Divestitures ® The Olobal Energy Comppay I :IYlYIfIYI YIIYr 25 K la 32x1 r 0 - i i ~........~..~...~.,....nu...+.,..r.+wnw'wMrw+k•+M./x~.w,PrwMM,wMW.1,+Yw,.~w~n.+ri+...o-......r.,.~Mww+w„Ya*~wwMMM.wY11sk1YMiM'AM~WMWt7~Nflhk ';*'~i Australian Electricity Privatization - State of Victoria Ylclorlan Elselrlcity Assets Privatised to Date i~ (AU{MUq AmM sale Del sale Price laff PringJnal Blddsn Distribution United Energy Aug. M!, 1,633 UblicorplAMP AOUP06E/Scottish Power Solaria Power Oct. 30195 950 AOUEnergy InltiaUves SoutherrVEntsrgy/Traclgbel Eastern Energy Nov, 6195 2,060 Texas Utilities PoWpacificorprWestfarmers Powercor Nov. 16195 2,150 PacifiCorp POW Westllrmers CihPower Dee 14/95 1,675 Energy Corp. Generation • Yellourn Energy May 21!96 2,426 PowerOenlAMP Society! AEP/ARCO COeUBankers Truslf ITOCHU CMSICEAICSWIDominlon Energy/ OvkelNRO/Nstional Power/ NROIPPdL/Tsxas UtiliUas Hasetwood Power Aug 4196 2,357 National Powerltksleo! AEPIARCO Coal43s4ers Trust/ PacACorp NROIPoweroeNTexss Utilities Loy Yang B Apr, 1197 64 Edison Mlsslon I Loy Yang Power Apr. 22/97 4,746 CMS EnergylNRG AEP/ChIns Light PowerIAESI British Energy r m 10, tlallllNl folio I k~, 210 32x1❑ O amvew Australian Electric Privatization - State of Victoria Overview of Currant Industry Structure Generation: Loy Yang Yallounn Hualwood Southern Snowy Power Energy Power Genvic Hydro Mountalna toy Yang Werslate8 Scheme a Other 4,000MW 1,450MW 1,1100MW 46OMW 1,000MW Generators Power Not Wolorlan Power Transmission 6 Ofrlee of the Wholesale Market: Victoria Exchange Regulator- (PNV) (VPX) General Distribution 3 Retail: Powercor Solaro CitiPower United Esslem larpa Aluminum IndeyandeM Auetrslla power Energy Energy Cwtomen Smeller Retalkra j ~ rtatulrtas Itter r 32 I O MOW" o dwawm r r. ..,.r.....-r r raa. .r>... _...ro..,.... ...,r.n s , ,..r. w I. .rW y. ac. Australian Electric Privatization - State of Victoria Stated Objectives of Reform Observed Benefits of Reform ■ Provide the lowest sustainable electricity ■ From November 1992 to May 1997 the prices to consumers typical Victorian household experienced a ■ Create the most efficient electricity industry 9.2% real reduction In the cost of electricity in Australia - aim to achieve world's best ■ Large Industrial and commercial customers practice are now able to choose their supplier and ■ Maximize customer choice and encourage are achieving substantial savings on their efficient investment electricity bills. ■ Ensure an appropriate regulatory ■ Reliability has Improved by 50% in terms of environment exists to protect customer minutes of power black-outs service and safety standards ■ Cash sale proceeds to the State of Victoria ■ Ensure long-term security of supply to date of AUS$18 Billion is Provide a framework for an effective and is Reduction of State debt by AUS$i 7 Billion sustainable competitive energy market ■ Savings arising from debt retirement are ■ Reduce public sector debt and upgrade expected to exceed dividends and other Victoria's credit rating to AAA revenue forgone by AUS$606 million in 98197 and AUS$716 million in 97198 ■ Improved credit rating for State of Victoria n Sept. 1996: Standard & Poore AA to AA+ o Dec. 1996: Moody's A92 to Aa1 12 (Ia10kIIII to IIP 0 v I', Victoria, Australia Power Exchange VEPEX has been a fully functioning power exchange since 1994, and has produced declining prices In the aggregate; hedging Instruments remain Important to combat price volatility Victoria Power Exchange Weekly Average Spot Price (Aus$il h( lea o0 r R ~Weelilr Awiape Spot pace ~ . . y~rt IfMWnl t I ~"1i. ~ C ~ i' K f n 10 00 `~'r ` i Gy ~ 'y ~ t Sr~n rY~, ,~U 1 $ pa~: 6000 'j- yYy !y 'C {aA, i lys :l d, A441 rt +~A 1x4119 ~etn fi t+ . kf 4 20 00 i six - s. f11100INC 9111111 ~rwe Q y ~ .r..,..a.•+....,...r.r.rw.nrwn.uwn..wr...r.~n+nv~.•r~,rn4ttr.4vw~AaNY•W.~svy:,~;~:~A,i:fA'M.f..5gi'B England and Wales Electric Privatization Central Electricity England and Wales Generating Board Current (CEGB) and 12 Area a Electricity Supply Distribution Boards Indust • CEEB was responsible for • The 1989 Electricity Acl resulted ins change of ownership from the • Q1ltrlbutton r the 12 generation and transmission state to private Investors and the Introduction of a competitive market were distribution boards In generation and apply were privatized infect as e 12 area distribution boards Regional Electric served closed supply areas a Competition was fa:ititated functional separation and privatization in Companies (RECs). The or franchises 1990.The method of privatization was by means of public floatation on RECs were the majority the stock market joint owners of NGC until December 1995 when 1 o Oeneratlon • The power stations were divided between two new NGC was floated on the private generators, National Power and PowerGen, while most of the stock market nuclear plants were transferred to Nuclear Electric, which remained 1 r public until 1996 when Nuclear Flectric and Scottish Nuclear were a Renewable generation privatized and British Energy was founded investment Is assured by periodic Government s Transrnlaslon • The ownership and operation of the transmission RFPs for green" power, system were transferred to the newly created National Grid Company financed by a tax on (NGC), which was given a specific remit to facilitate competition suppliers • e NGC was also given responsibility for administering financial a Full ?slid competition has settlement following the competitive trading of electricity in the been delayed from April wholesale market, the Eleeldcity Pool to October 1998 because of computer problems ® 14 rsstsrrtse lies? 32 x 1 ❑ 0 0 ~ersra i I i England and Wales Electric Privatization Ownership Status of U.K. Regional Electric Companies (REC) REC Status E, Midlands Electric Bought by Dominion Resources (USA), Dec, 1996 Eastern Electric Bought by Hanson, 1995; spun off as pa % of Energy Group, 1997; PacifiCorp, pending London Electric Bought by Enlergy (USA), Dec. 1995 MANWEB Bought by Scottish Power, 1995 Midlands Electric Bought by Avon Energy (USA), Dec. 1998 Northern Electric Bought by CalEnergy (USA) Dec. 1996 1 NORWEB Bought by North West Water, new company United Utilities, 1995 SEEBOARD Bought by CSW (USA), 1995 0 Southern Electric Bid by National Power blocked by government, Apr, 1996 SWALEC Bought by South Wales Water, new company Hyder, 1995 SWEB Bought by Southern Company (USA), 1995 Yorkshire Electric Bought by AEP (USA), 1997 ` 3 4 Note; In 1995 the government's "Golden Share` In the R£Cs, which gave It the right of veto over takeovers, expired, l~ 15 ` Coll kill$ Mop { a Motor,. 0 IWArt= • . r..r. •.....:..Y -vwr....n an'4.v....+Nrr.:1.':t+/wY'.`.~.~. r.. a.Y.n..v ..rnrrl.m a.+a.'nr- Y..^,rt.w r.'F.I,.i:.. •rt. t. 'a1.. 1.-.'Nil'.. I PUC and Legislative Initiatives The failure of the legislature to pass comprehensive legislation In 1997 means that the IOU , transition plan settlements may well determine the nature ofretall comp3titlon In Texas ■ In May 1995 the Texas State Legislature passed SB 373 and the Public Utility Regulatory Act of 1995 which charged the PUG with the authority to create a competitive wholesale electric market o The PUC would enforce open-access transmission tariffs and approve market-based rates o Marketers would be defined as utilities to allow them to enter the wholesale market ■ PURA 1995 requires the PUG to report annually on the status and effects of competition- this includes an estimate of the state's stranded costs w o The most recent report estimates the state's stranded costs to be $4,5 billion as of 2002, • assuming that retail competition begins in 2001 ■ The PUG responded to SB 373 and PURA 1995 by ordering the creation of the ERGOT Independent System Operator (ISO) to facilitate open-access transmission ' • ■ Retail competition legislation was Introduced in 1997 but failed to pass • o Stipulated settlements between IOU's and Intervenors have stated the terms of legislation that all signatories will support ® 16 e41111rikl IMF 10 32 x I 0 MNILMLONZA 0 "Mrs ' S ERCOT and ISO Development Denton's future power market Is still maturing and lacks the responsibilities ofa Power Exchange that will be neededin full competition ' ■ The Electric Reliability Council of Texas ERCOT has existed since World War it as a transmission system security monitoring forum ■ PUR 95 authorized the PUC to Introduce wholesale competition; In August 1996 an ISO was created In ERCOT ■ The ISO Is responsible for: o Security of the bulk power transmission system n Market facilitation- Including the administration of the computer system that • schedules transmission transactions and tariff administration n Coordination of future transmission plannil,g ■ The ISO Is not responsible for: • n Generation dispatch, or the matching of buyers end sellers f o The establishment of prices ® 17, C11110111 1111f r ~5 K 32 x'❑ • o • ,n r.-w.. Wa%Mgp'AM,A. a Nv rc.'i1'M ~y Y. ~ C-1 Texas 10U Transition Plans ■ Texas Utilities: 33% of Texas Market o Stipulated settlement reached In December, 1997; a Final Order is expected in May o Residential rates will fall by 5.4% over 2 years, commercial rates by 2%. o TU earnings are capped at 11.35% ROE; excess earnings credited against nuclear plant and T&D plant depreciation expense will be "redirected" to production plant ■ Houston Light and Power (Houston Industries): 24% of Texas market o A stipulated settlement was reached in December 1997; a Final Order is expected in May o Residential customers to receive a 6% rate reduction over 2 years, commercial customers receive 2% cut • C1 Earnings over 9.95% to be credited against production plant, and transmission and distribuiion plant depreciation expense will be "redirected" to production plant o Retail choice is expected by 12131101; at this time stranded costs will be calculated and a transition charge Implemented L ® 16' arrrnnrr urrr ~ ? ~Cl 32x10 1 • O 1 y r....r rw r..rr 1'.....n.. n•. it nk l rll44 wwv a' (~rj 1 ~i Y Texas IOU Transition Plans (Cont.) 11 ■ Central Light and Power (Central and Southwest): 9% of Texas market o Final Orcrer issued in August 1997 in 1995 rate case o All firm customers receive as 3.5% rate reduction in 1998, a 1,9% reduction In 1999, and a 2.0% reduction in 2000 D "Redirection" of transmission and distribution depreciation not allowed. Depreciation of South Texas Nuclear plant accelerated, but at a reduced rate of return equal to the Company's cost of debt ■ Texas New Mexico Power Company: 3% of Texas market n Settlement reached In January, 1998; an Order Is expected in June n Residential customers receive a 9% rate cut over 3 years, while commercial customers receive a 3% cut o Earnings over 11.25% ROE will be equally split between ratepayers and generation plant depreciation. Depreciation of TNP One plant accelerated n Retail choice Is expected by 12131101, at this time stranded costs will be calculated and a V M transition charge implemented + ® 19 11111111N1 (ill! ~r,w1L7 32x10 I Q {1M14`.i'3'i I S r YP ti 1 t1 1 ERCOT Market Prices Since the establishment of the ISO, market prices have exhibited significant volatility. Trading rules have thus far Inhibited a fully liquid wholesale power market, but new rules in April, 1998 should broaden market participation, $60.00 ERCOT Weekly Index Spot Prices 1998.1998 " • 1 ~ , ,,SCR-- ~ eke 160.00 ~ ~ ~.FACOT $40.00 M i . $30.00 I r $20.00 111 ' } $10,00 r $0,00 r tV~ • ',ti,r 1 r' t*J de 4,n s.1,,1 oats Source: Power Markets Weekly 20 to~~ulnrr a~arr 0 I i w !urezx~ a _.,_..._-...-....,:..,:..........~....+.~ww.~rn~..nwr.x.me~rsnv>.-...w..e.......,..................w....~....-..•~,+....•.tw«+,+ww~~MlIIf4;~~. t Northeast Power market Relatively developed markets are also characterized by volatllity. Convergence between regions Is limited by Insufficient transmission Infrastructure. NEPOOL and New York Weekly Index Spot Prices 1995-1998 50.00 45.00 ------------J'I 3 5.00 s 30.00 - - - 4 - 26.00 - a. 20.00 0 v . 16.00 r-West m 10.00 - - New York EastNY 5.00 - - - - NY 0.00 (,eye ~ V'" ~ Y" ~ 1~ r '1~ V'- ~ ,fit` ,1~ s 1 ~~Or Date Source: Power Markets Weekly 211 tlllllflll Iller IQ 32x10 l 1 1 . ........x . r. r.. .......o-... .n u. ♦«r r....... _i_..--..._ ............r...w...r...x..e«i-W/w.YMN+.N1P11!~MHa'1 n 1 i Denton's Competitive Position - Typical Monthly Residential 8111 i $105.00 $85.00 k'rs$ TN MP n, max:, T U . ~ J 'i 4i}A ri i.'= r~ttilfYYN.I rL6fl. t s'~ r; w~-u♦ ~~"fix ~ $65.00 HLP $45.00 { Denton $25.00 1997 1998 1999 2000 ■ The transition plans that have been proposed, and in some cases approved, call for short-term rate cuts, particularly for residential customers { ■ Experience in Pennsylvania, New Jersey and Massachusetts suggests that restructuring • legislation may introduce further rate cuts, or at least a rate freeze • ■ Denton's rising revenue requirement as a result of its TMPA debt service will require a significant rate Increase if no other action is taken Source: Texas PUC, IOU transition filings, bill calculated at usage of 1000 22 raI rdL ruo II I a► kWh per month C7 32X10 0 Denton Is Competitive Position - Typical Monthly Commercial Bill $800.00 ' $750.00 TNMP .,C.: a $700.00 r TU T $650.00 HLP $600\00 CLP $550.00 Denton $500.00 I'I 1997 1998 1999 2000 y ■ As with residential rates, IOU transition plans Include rate decreases, or rate freezes, for commercial customers I- ■ Legislation can be expected to extend these rate freezes through any period of transmission charge collection, based on experience In other slates ■ The greatest potential for savings from competition Is most likely available to commercial and • industrial customers meaning that "shopping' customers may see even greater effective rate reductions • ■ Current transition plans generally do not guarantee savings to Industrial customers though restructuring legislation may do so Source: Texas PUC, IOU transition filings, bill calculated at usage of 7,500 kWh, 30% bad 23 C1111111011111 o to n r factor and 35kW demand 'dam ~S ~Ca 32 x~El A o , 1 a,1a w 1 , Stranded Costs by Company According to the Texas F'UC, Denton's total liability is small compared to the state's IOUs, Il but Denton has many fewer customers. The result Is a significant burden per customer, among the highest in the state. ,I PUC Estimated Stranded Cost per Customer in 2001 4,500 4,000 ■ ECOWCustomer a 3,500 3:000 2,500 } f. s I 2,000 p - , v 1,500 T,yf4,; ~1ti J! 71 0 1,000 k w 5003" 10 mn_j ~ HOC Q Q ~ VQ i ~ ~ o ~ ® Company 24 Zia 32 x 1 • o 1 ...._...._...._,..........._.r,w.........,e:w.u..r.w+w.ti¢.wv.wrevx......•.......o...~..~.._......._.«._........,... .............:n......v.~+r«w.wwM~NU1YpW ~KTRM~ f i ^a I ~.Y Models of Municipal Utility Restructuring ■ Kentville Electric Commission(Nova Scotia) Divestiture ■ Received 25% over book value from local IOU; specific transition period for phased-in rate increases ■ Cornwall Electric (Ontario) ■ Received 70% over book value; 3 year rate freeze and rate control mechanism designed to keep City rates no higher that 07% of region average ■ Being considered by many U.S. munis including San Antopio, Tallahassee, and Anaheim Joint venture/ ■ ENNERconnect Is a recently formed limited partnership of Ontario munis designedto Partnering aggregate wholesale buying power 1 • Financial ■ Austin Energy Restructuring ■ While considering joint venture and divestiture options, Austin has announced a financial restructuring that will decrease contributions to the General Fund from 10% of profits to 6% of profits as a means of increasing debt coverage ■ Sacramento Municipal Utility District ■ Implemented retail pilot program, has frozen rates through 2001, and is actively pursuing retail customers by touting 'renewable' portfolio • IVO rrrrru rfYYrYM 25, ~5 10 32x O • I 0 :rte 1 J 1 ~_.......~.~_...r+....+..... .....r...nd....«e...rw+w.~.......rr..,a_._......n_«,....r.r..rrw...r+w+~+~~me.~.,Y\I!"MA1rlAR1Yfi~IMIYF9Y Evaluation of Alternatives Option Legal/Regulatory Financial Strategic Recommendations Assessment Assessment Assessment , • TM PA Contracts • Stranded Costs • Economic Development Prioritized • Bond Covenants • Rate Impact • Utilization of Financial Solutions • TPUC Position • Slkwh, $/customer and Administrative I • Legislative Position • Tax Impact Resources • Cities Positions • Compare the above • Risk/Reward Tradeoffs • Precedent with IOUs with Deregulating Electricity Markets • City Debt Rating • Operational risks of TMPA • CRY I Approval I No ' Unilateral Agreement Action Implementation Negotiations %L 4 I •Other Cities II No Agreement • legislative L . Bond Holden E® and Insurers 26 , e rlllllrlll 11111 ti 25 ti 32X o I I -I I I I _ .._...r.r.~..w..rwY rv.n.4rvnM/-.X We~M-n..vYnwni.wi...~.i.................r+~...rn.+ws+.•M..v..w.--I.W.V OX~{If~H}pyraO'IINYWIfl/R/'~' 1 Alternatives Considered: 1) Status Quo Base Case - Incorporate operating improvements - Outage scenario 2) Transition to a Competitive Generation Supplier - Refinancing . Operating improvements / Revenue enhancements 3) Exit the Generation Business and Mitigate Stranded Costs • - Refinancing/Defeasance - Divestiture - Bailout 4) Exit the Electric Utility Business II• ® 27 irr~ruirr rrrrr 3zx1❑ - - y ,,..rte..... _ . 0 Alternative 9 Status Quo ■ Definition ■ Continue to own and operate existing generation assets ■ Purchase incremental power needs to meet growth ■ Debt payments and operating expenses per existing plan ■ Rates unbundled under deregulation ■ Rate increases correspond to projected competitive market levels ■ Property taxes absorb excess utility costs ■ Positives ■ Maintains current contractual obligations ■ Allows for clearer definition of developing power markerts ■ Negatives j ■ Significant rate or property tax increases ■ Will isolate Denton from deregulated electric markets • Lost o • ~ pportunity for legislative assistance ® 28 cooEOinoo sloop 32XIO c Alternative 1- Status Quo ■ Assumptions ■ Competition assumed to begin in 2001 ■ Baseline electric MWH Sales from City of Denton 1996 Forecast ■ Loss of electric sales due to competition from 2000 to 2001 ■ 30% of industrial load ■ 3.5% of commercial load ■ 15% of overall load ■ Pre-2001 wholesale power price is the City's Forecast 1999 price ■ 2001 -Onward wholesale power price is REED/RMI price ■ Gibbons fuel price is based on the TMPA Pro Forma ■ Gibbons Creek Non-Fuel Operating Expenses from TMPA Budget ■ Spencer fuel price is based on the ECOM price scenarios ■ Spencer Non-Fuel Operating Expenses are consistent with history and escalated with inflation ® 29, IlAillilll illl/ t3 u a 3, 111 32 X I G 9 c f C Alternative 1- Status Quo ■ Pricing Used in Models • ECOM pricing ■ Generated by the State of Texas PUC in order to forecast "Excess Cost Over Market" ■ Based on forecast wellhead gas prices ■ High, Low and Base price cases ■ Represents future competitive wholesale market prices for purposes of estimating stranded costs 1 ■ REEQ/RMI Pricing 0 Uses ECOM Base gas prices • , ■ Calculates market price based on a new combined cycle plant with: ■ Heat Rate of 7,000 BTU/kwh ■ O&M of $3.00 per MWh ■ Escalation Rate of 3.0% I , ■ Capital Cost of $480 per kw, recovered at 20% per year 30 trrrrnur rrrrr ' 32 x❑ e 0 j j ' ..~..,~.~....r....~r+~ase~+r~-+f.wsM?rrMRMYIa Altemative 1- Status Quo Price/~ U► ed in Models $80.00 Existing Denton $70.00 f ' Wholesale Power $60.00 Cost M. z REED/RMI _ $50.00 $40.00 ECOM High t d► $30.00 • $20.00 $10.00 ECOM Base a ECOM Low ~O ~O ,y0 ,ti0 ~ j I ® 31 tn1uuru Mop j; E Alternative 9 - Status Quo Cash Flow Coverage of Debt Service 0.0 $40.0 $30, ,0 . << $(20-0) ►0 ~ c Debt Service i 6ash Flow Before Debt Service Electric Reserves 32 C r45114T NC 5F011F o , • C y Alternative 1- Status Quo Property Tax Increase Solution The current mil rate of $5.132 per $1,000 would need to be increased 36% to $7,51 in the first year of deregulation in order to close the deficit. The deficit could continue to be closed in future years through annual property tax rate increases of 2% - 5%. i $10.00 $9.001 ,4.. $8.00 $7.00 • $6,00 fn $5.00 a $4.00 1 ti b 6 0 O ti > 6 • efs ADO rp ep ep ep I • v ® 331 L11lIIrIAi 11011 j a C; V 1 l~ I Current Texas Property Tax Rates Cities and Towns In Texas Properly Tax Rates (per $1000 assessed valuation) +'E~ t FtdP.- 4w#iri !{.11~' r'.~AC :4!"i "._...rW r 1'rf 617' ~y. 20 4t t*~~ 0 to oal ipe i+aoo 9 00 attested i.- V""i 7 To. w na J r t'4 c ' A~ ' 900 a ~Y ;~1 r r n"~.i ~y , ~ `y ~•'r,. ~ Fy ` r 1 ~r~il~'S'~~ J, l~ rr I 6 00 "'k 5 Do 4 Or, 1 oo r , i„`tip F -nl 01p+ta , 2 DO 1 00 { a'.~r~ j.. 'tip I , el Paso Donlon Au0rr San Lubbock Corpus Garland A04igton Dallas Houston Fort [ri 1t ® AnlaroO Chnflr Worth 34 cams V0116 911001 C M V i. i li Alternative 9 - Status Quo { Outage Scenario ■ Catastrophic turbine failure in 2001. coincident with onset of deregulation ■ Assumes six-month outage ■ Purchase of replacement power at market rate ($33.09 as per REED/RM) Case) r No out-of-pocket cost for turbine replacement due to TMPA's $1.0 million deductible and $13 0 million self insurance fund . . 11.11 1111 1111 1111 1111 1111 1111 i - Debt Service - Electric Reserves ~ O ® 35 ~0411uiti119 91101111 tea.. ►+.r+. r ,rte f.iG+ ~ . r; "'F~p1! ~ ~ ~ • C • i I I I i i Alternative 1 - Status Quo II Recovery through property tax increases i f A six-mor~'ti outage in 2001 would require a 113% increase in today's property tax rate to $11.70 in order to make up the deficit in that year. The rate could be rolled back by 33% In the following year, but incfeased marginally thereafter. $14.00 $12.00 H $10.00 0 $ +f x J ~ ,p8.00 • $6.00 4 $4.00 • 001 OOti N r ti ti ti e OOD~ 006 000 OHO r0rOr0,~6 • ® 36 !11lllilll (lIYI i 3- 10 I o o q I A.9.'. b5.if9 ~ Ili e . it I Iy Now Big is the Gap?? 1 1 l Il Denton's Share of TMPA Potential Excess $153.2 Millio Debt Principal Plus Denton Cost Over Market Hydro Debt Principal e l Electric Reserves , l -Base Line Cash Flow Valuation 11~ Gibbons, Spencer& Hydros Yi ~1 I 37, IIIIIIIIII 91INF I 1 • c n A Alternative 2 - Competitive Generation Suppller 11 ■ Definition o Retain generation assets a Expand to meet Incremental growth n Refinance (not tax-exempt if selling beyu-id Cities) ■ Positives o Gibbons Creek is sited for a 2nd unit o Currently 1,408MW incapacity between the four TMPA cities o Cities' rates are competitive today n Cities retain control over generation decision-making j ■ Negatives • o Introduces commodity risk and the possibility of financial loss o Borrowing ability may be restricted by current TMPA debt o Debt remains, and may be exaggerated In the near term to expand Gibbons l Creek n Competing head-to-head with well rssourced global power companies n Future revenues may not be adequate to service debt o Reduced likelihood of legislative assic tance ® 3B 9111ILIIII lulr f 1. i.1 rl „ IA 10 ar~wr - C' , y1 t s 1 I Alternative 2. Competitive Generation Generation Ownership of Cities In the TMPA MW oft TMPA % generation capacl Garland 47.0% Olinger 335 Newman 83 Gibbons Creek Share W Total Garland 647 Bryan 21.7% Dansby 115 r Bryan Gas Turbine 134 Gibbons Creek Share 101 Total Bryan 350 Denton 21.3% Spencer 176 Hydros 3 Gibbons Creek Share J~Q ? Total Denton 278 a ' Greenville 10.0% Steam Units 86 • Gibbons Creek Share ~47 Total Greenville 133 Total TMPA Cities' Generatlon Capacity 1,408 MW 39 urrru~ri rur~ ,f£ 991)(113 3?x0 e 0 • Bridging the Gap - Operating Improvements & Efficiencies Debt Principal $263.7 Million - 10% decrease in O&M at both Gibbons and Spencer - Results: $1.5 million in value added at Gibbons $0.2 million in value added at Spencer e Operating Improvidi & ENicienc ias lectric eserves i ' o Base Line Cash Flow Valuation Gibbons, Spencer & Hydros 4 • , ® 40 CONSU11116 08001 54 1 I J e ' o C 1 f Bridging the Gap - Refinancing • If it is determined both legal and tax-exempt, an advance Debt Principal refunding of Denton's share of the TMPA debt has the potential $263.7 Million of a $7.9 million savings, according to First Southwest Company. • The transaction would take place as a sale of TMPA assets to the individual cities, financed by the refunding bond. - Need for communication between O'Melveny Myers and Fulbright & Jaworski 1 I I Advance Refunding $7,9 Million FS 1.7 MWjW_ f--- Operating Improvements s -Electric & Efficiencies Reserves j R I Base Line Cash Flow Valuation • Gibbons, Spencer & Hydros 0 t I?, l ® 41 1 coNtuuiNa Coon? I i 0 1 Bridging the Gap - Advance Refunding 1 US Gov't Investment Securities Escrow Proceeds New Old Bonds Bonds W-w Issuer Release of Pledge Old Pledge A t • ■ Extinguishes the legal obligations to holders of existing debt ■ Present value gain due to drop in market rates G ® 42 oe~r,rirui urrr 10 32XI • o , __..........,,.r:,.,.:i.M«n.rv.vm1.».r.+.......+..................,.....,..,.....w.....,..n,w.....+w.,var.HCa+W.v,tw.Mr,Y rtvi{.`Ma.•TWx.R4.'F ,.1. Bridging the Gap - Advance Refunding (Cont.) ■ IRS allows a bond to be advance refunded twice ■ Most TMPA bonds have been advance refunded twice, leaving approximately $280 million eligible for advance refunding ■ First Southwest Option to Garland and Bryan o Sale of TMPA assets and liabilities to the City or ail four Cities will alloy/ a tax-exempt refunding of all bonds ■ The City's legal advisor believes that this cannot be done; if it can be done, only an amount equal to the market value of the plants is eligiwie ® 43 cloolitill sloop f, 32 x a I s o • Tax Exemption ■ New legislation may lead to taxability of new bonds if bonds are issued in support of new generation or power sales outside of the existing service territory ■ "Temporary and proposed" IRS rules made in January 1998 i o Supplements current legislation o Bonds supporting contracts in excess of three years will become Laxable o Some loopholes for bonds supporting only short-term contracts that also contribute to mitigation of stranded costs • ■ IOUs are lobbying hard for the elimination of tax exemption on the issuance of bonds that finance incremental generation ■ Municipal utilities should be aware of this potential loss of tax exemption, especially when considering the option of expansion • i in'-o competitive generation markets as 25 32 xr • O 1 sa wrsn i i 1 .:..•,wnw.rvwn...w,.............. ..-i.s... ,.......-,~...........w....o,.waw.,n•ranswnner. t, M.a<nNYI'TI.AYAMYt'4 Alternative 3 - Exit the Generation Business/Mitigate Stranded Cost ■ Definition o Divest existing generation assets o Require a transition contract to meet interim power needs o Promote retail access by 2001 o Approach the State legislature to mitigate stranded cost N Positives o Definitive determination of stranded costs o Greater likelihood of legislative support ■ Negatives o Loss of electric generation autonomy o Reveals stranded coat exposure ! o Difficult to accomplish collaboratively • j f ® 45' - - --,~,z,; ay . ~h k A 32 x IJ A w 1 • - i I _ w.ti«-. n+w+.^c•a»nuw~rr.rwvwvo-wy..i+......•..,....+........»w..w.-.n.ww,.n.ir•.i+.rww-wiwwnrwn~?u:xN•naxMrtv.Rr:. i I i Alternative 3. Exit the Gene,. ,tlon Business/Mitigate Stranded Cost Assumpdons - No operating improvements - Discounted Cash Flow approach used for Gibbons and Spencer valuation - Market Multiple of $3001 kw used for the hydros - REED-RMI pricing used for market pricing - Gibbons Creek historical budget data for expenses, Increased proportionally with revenues - Spencer Fuel Costs based on historical heat rates - Spencer Operating Expenses based on historical levels and escalated at 3% annually - Maintenance level capital expenditures - Local property, school, county and Federal taxes included (7ssumes private ownership) - 9.5% Discount Rate - 20-Year Operating Life at Gibbons; 10-Year Operating Life at Spencer f Y~1LlaSl4tL.HQt~11:tE Value (S Millions} $&W I Gibbons Creek (Denton's share) $ 49.6 $ 499 • Spencer 8,2 $ 47 • k J Hydros $ 300 (Rough estimate based on previous divestitures) TOTAL $ 58.7 $ 278 46 s11ufn11 sloop I 32X10 i MUNN" r 1■ 1 A i n i ....._........Jar.w~u..~aY.Y.1~wNAYiV'YwIr.YTMaYruwr,..wn.rw.w....+en.wnwa..asrYTww++.vnYMwrFW TY'/WMY.11/11RM!11V^t'. Asset Valuation Rationalization Base Market Value + Total Strategic Value A+B+C+p+E.--- Total Value Components of market valuation of generation E - Other Synergies assets (Marketing) D Option Value (Site Expansion) r Portfolio Synergies e (Fuel, Power) Expected Operational B Improvements A Base Market Value ® 47 tlllllll11 rlllr -k ~ A • ,5x10 32x III ❑ " Y%6lIY,Re , i I i Bridging the Gap - Divestiture Premium - This slide illustrates the value of a collaborative sale of the generating assets combined with an advance Debt Principal refunding. $263.7 Million - REED study of past divestitures shows that buyers have been willing to pay an average of a 76% premium over cash flow value for operating efficiencies, control premium, expansion value and generating portfolio mix. Strategic Premium $ 44.0 Million Advance Refunding $ 7,9 Million • ~~1 Electric Reserves -Base Line Cash Flow Valuation o Gibbons, Spencer & Hydros s k f' 48 cnYSYUiYC GIIOYI • i . o i. ...._...._~..r...,✓.wra~aHr•w.wMYIYY<MM`lIVN[M'aM.MYTIMw~rw..r~..w.wrw.r~.w.•.w~..++w+wl++.rnriYwwtlM1+M'QP11'i 11f1M.R'd-44 Alternative 4 - Exit the-Distribution-Business ■ Definition ■ Sell Transmission and Distribution assets and exit the electricity business ■ Pros ■ Significant cash to be used towards extinguishing TMPA debt ■ Cons ■ Loss of local control ■ Loss of jobs in Denton and shared administrative synergies • ■ Loss of utility revenues while rataining debt obligations 49 9111111INI atop Y, nIy,~py$4 r ~y v. . k X. V 4 0 " O Bridging the Gap- Divestiture of T&D Assets I - TU's 1995 purchase of Australia's Eastern Energy distribution company for $1.55BN yields a pricelcustomer of $ 3,263. Debt Principal $263.7 Million - Based on this, Denton co,ild potentially sell Its transmission and distribution assets for , as much as $ 106.3 million. RMI values the T&D system at $ 41 Million Sale of TB.D Asset - i i - The range of values is shown. Strategic Premium $ 44,0 Million Advance Refunding $ 7.9 Million b ' -Electric Reserves Base Line Cash Flow Valuation • Gibbons, Spencer & Hydros ;l i 50 [71.191I11i Mar i 77 2 1) 3e. x e 1. n i ....n,.~~n.~r•s-fiFl wMf--nn.. nn~.~.n a. 1 Alternative 4 - Exit the Distribution Business General Government Funding Issues - This table illustrates the impact on transfers from the Utility System to the City Government resulting from the sale of assets. The impact of implementing load aggregation services after a generation sale is shown separately, Transte,p:, Bain (Loss) due to Gain (Loss) due Total Bain (Loss) TQto 3enerstion Sale to LO D Sale due to d, IN Sale Annual Value $ 6.8 Million 1.3 Million) 1,9 Million) 3.2 Million) r Present Value $ 136.2 Million 263 Million) 37.2 Million) 63.6 Million) s Load Aagregatio f r. i Annual Value $ -0- $ 0.8 Million $ -0- $ 0.8 Million Present Value $ -0- $ 16.0 Million $ -0- $ 16.0 Million f0Al1UlA1 A/Ilf ~ 32XIO O • r . n.....r r. r •n 4. wry wY'-Y l.wn vM1ws.r xyr nra nn., xrn.. r... n.xnr rrv n.~ .M.. x.n1r, rhv. rM.u{vUMi rM'\x.Yt Yyn ~'r,&Y'.!Y Y."N+bl 5 ~T S~ Legal/Contractual Issues ■ Denton's tights and obligations are impacted by: n Power sales Contract with TMPA; the Denton City Charter; Denton's Bond Covenants; TMPA Bond Covenants; Bylaws of TMPA; Statutory Law ■ Each TMPA City has 2 members on the governing board n 6 members required toss!! the Agency's assets (3 cities) o All members required for refinancing ■ Denton's interest in TMPA maybe assigned in two ways; n flight to the plant's output may be assigned (with all other cities consent?) to a private or public entity o Completo assignment of its Interest to another TMPA member (or another public agency?) o The cleanest approach to divestiture Is to sell Gibbons Creeks in it entirety to a new entity A (requires 3 cities) ■ Even with assignment, Denton will remain technically liable for existing TMPA 1 debt obligations, but this exposure can be limited with proper imdemnification ■ Sale of the City's distribution system may not be possible under existing TMPA 0 covenants and contracts I ® 52 rllrll111i IIOY/ ~,a+p. 2I ❑ 32X111 LO i to i ! AY J 0 r I y ' rS,._._.~._................,«...w.~v.Yw~.+tivwa+/wwnr.r...........~.+.~...~..~...~.,.~...r...w..w..+nwnwnrnrnfnwN Me+rlet4"M.fw.Mr7LLWM4R Y•7 i Legal/Contractual Issues (Cont.) { ■ Collaboration between the four cities allows for; o Effective oporating improvements at Gibbons Creek o Capture of premium for controlling Interest in Gibbons Creek e Favorable treatment in appeal for legislative relief n Favorable treatment 0 IRS and State legislative rulings on financial restructuring ,i. o Most efficient means of unwinding the existing covenants and contractual obligations I i 5 ® 53+ ffA11tf111 11111 r. a 2,,r 10 ` 32 x I 0 A i I ' o i nam+vm~ I I The Remaining S%tranded Cost (without TAD Sale) - Approach the State legislature for relief - Propose the sources of stranded cost mitigation shown below - Propose a split of the remaining stranded cost - 45.9% increase in the City of Denton tax rate if 100% of the remaining liability Stranded Cos $111,6 Millio is financed over 20 years at 5.0%, or an electric rate increase of 11,0%. Strategic Premium $44,0 MINIon Advance Refunding $ 7,9 Million Net City Revenue Lost • Electric Reserves Base Line Cash Flow Valuation • Gibbons, Spencer & Hydros • ~J l ® 54 CONSUPIN9 IMP 32 x 0 ZAVW" 0 I i a i Conclusions and Recommendations i' ■Denton's currently favorable property tax and electricity situation is threatened by severa; factors: ■High debt in relation to generation plant and customers served ■Gibbon's Creek investment which exceeds market value ■Impending electric deregulation which exposes "stranded costs" ■l.eft unattended, the current debt obligation and generation mix will create mounting pressures: Rising electric rates, and/or rlncreasing property taxes s ■The City has three primary options: ■Retain its generation assets, collaborate with o!her TMPA cities to manage costa and refinance (if deemed possible) ■Exit the generation business, mitigating stranded costs through an a~ set sale, • refunding/defeasance and legislative appeal process ■Exit the electric business completely, using the T&D equity to close the stranded cost gap 55 0/11411111 CROUP i Iu 32 i s y O ~i s ...w......._.........»...,....~..M.r1iww+wn....wnw.Y..MMYII.esH~4Y'►94w 'J y. " Conclusions and Recommendations 1 ■Collaboration between at least three of the four cities is necessary for: ■Effective operating improvements at Gibbon's Creek 7 - sCapture of premium at Gibbon's Creek ■Favorable treatment in appeal for legislative relief ■Favorable treatment in IRS and State legislative rulings on financial restructuring sMost efficient means of unwinding the existing covenants and contractual, obligations r f s Without collaboration, Denton's ability to offset stranded costs will be diminished, but not eliminated l n 141 r ! 56 2 5 t1Ullllfi 11111 !j -1.ma~ . 1 . O Mon" I r..n r rns. 'a.„.s w:n,..... n.. . a,, r . ...«..,e. ..«.1 n. itp Conclusions and Recommendations ■in the near term, Denton should consider the following actions: ■Raise electric rates to match TU's, using revenues to accelerate the reserve fund ■Lobby the legislature for stranded cost assistance as part of the anticipated electric restructurnig law ■Proaclively seek agreement with at least two other cities on a common solution ■Oplion 2 (exit the generation business) holds several advantage: m0pportunity to reduce stranded costs with assistance from a strategic buyer • and the legislature ■Flexibility in terms of future role for Denton in the electric business, including load aggregator or wholesale power broker for City's residents ■Action in advance of the problem • ■Option 3 (complete exit) should be reserved for post-transition period • consideration, or a uniquely attractive unsolicited offer J~O ® S 7' ~ ~niu~riNi uinr .~2 x 10 I Y as®r i. , , O i , vae~u~ i i APPENDIX • LL1 i oiaslirill loop r~ : { ~'~'X 1032 . ^ ~ x' Lwi aGAP2ee'31 o w Sanger Hydro Electric ~ompam4 I TO ATN ds National Generation Asset Sales TO Vw d lOp~a urchased po po ewe rr Woods • Ohhing Memorandum on 411Or91 • Sale b be Conti by August, 1996 GPU, Inc • Sellrp k2TO MW of but Consolidated Edison NYSEO wile loom Maine Public Service ►Kllk Oat S Elecbk and hydra gamation etch • 4Offil riamorri on • Selling 50% or nUN • Selling seven toll • Senlnq 1; MW hydro l • Sold Free k{{ir iWied per ion fired generating and (ot/I and 11 Pant{ with • Sao to IM o OW W by • Odrng Memasndum salrons mtaling 1,100 MW NUO witacts coin i capauN or 21,15 MW oecanlber, 1111 poeube 20 1191 Ill 1a 11% • Dec 1 deadline for • Duke Energy Power Servvicel Ins bought Ore plants for 550 11 interest n Nine ramal popoub Nine (30% above OOOA 4A Mile Point E 11 (Nil mWer oenerating stalron • 7E Canal I" pent SaaL9g be Completes central Wl.na vowel • Tolal capacity of 4.219 MW I • Combined book valued • Sad I, I S! MIN d solinD hatety S7501.1M ku~l, hydro aid I • Go lo marlet in 20 1191 bidmaH geMgtiMl b FPl Group for 11a6 milNon New England 1i System 4,000 MW kiln geWellon and I,100 MW of ted powat Consads b u a Genei lalflele Boston Edison Company Edition IMem ruonN • Sold 1,917MW blul for 2611 nxlron to SiIM EMrpin • Sa0 10 gas4ied genenabrp p'.nls wdh 7512 MW C4mbnW Capeury • for 11 115 brown Eastern 1.1ti Associates • Tnebuyers Were ACS Howl N duli Thermo Ecelek, and a San DHge Goo S Stec IAS • String 1,70! MW kud, hydro, end mi gerill ConsaWm CO NRG Ena,gy and rAWA and !22 WI Fang and snort whin PPAs Desist Ene'gy • 2 000 MW of b{sI "led g"nAlion plants Soria value is Commom"I th Energy 1250 %N on ' • 20% nlereh n Nuclear Gsnanbng • Setting 171 MW or PPM $tatiOA Soon eslue le 3110 Al l Otl1ar I1Wamly Nlagaa MohaWl r Selling 1,000 MW or e40mi poducad n 4 pants • 215 Aril OF long Is" purchase Announeed power • Phase I began in Seplen"r • apeMd ro w compete by • Carnal Hudrm . 1 sod Vw of Fall Western MsseachurM !lady • tan end of 1111 • fxenpe anti and hyl'o Rocs lard gerenstron • Saiaq 11 generating units t bj{ • A4onlana PoWY • SseNnrg aepomw • 114 1 book value I 11COHM1,1`10 for one it" to awash ' Offering MemoreMum Jury 1191 Iellrml 619 for! OE ® • A debt nor ran 59 IgEi9111E1 CROUP o o 1 Impondant Electric Asset Bidders/Buyers U.S. Companies Internatlonal Companies AES • British Energy • Amoco • British Gas • American Electric Power • China Light and Power • ARCO • The Energy Group • rg • f ance • CM Ent y • iDea c Co n lb Mon y Duk Ener Enr n • t toy i L Group • i H a n t a • • Nation uel Gas • TransCanada • NSPlNRG • Weatcoast • • PeciiCorp • • PECO • Panda Energy i Slths • Southern Company Recent U.S. Transactions ThermoEcolsk U.S. Generating 60 rrunrnr arrr► • Williams 32 x e , . u o R Emerging GencoIs are Bidding Aggressively for Existing Assets NEES Companies Southern California Edison PG&E Corporation MW Sold: 5,117 MW Sold: 7,532 MW Sold: 2,845 Book Value: $1.1 Billion Book Value: $421 Million Book Value: $380 Million Sale Price: 31.59 Billion Sale Price: $1.115 Billion Sale Price: $501 Million S1kW: 311 $IkW: 148 S1kW: 189 Price/Book: 1.45 Price/Book: 2.65 PricelBook: 1.32. Boston Edison Central Maine Power j MW Sold: 1,987 MW Sold: 1,185 Book Value: $450 Million Book Value: $240 Million Sale Price: 5857 Million Sale Price: $846 Million j =1kW: 331 $/kW: 713 Prical8ook: 1.46 PrIcelBook: 3.525 ® 61, C4 111kIIII IIIUp ;s Fes-.. 25)(10 32x10 9 , 0 . a Base Market Value Depends on Projections of Forward Prices: 1 I 1 4D High Casa Scenario . Prolonged nuclear outages . Additional nuclear retirements d' • Premiums for environmental standards l fY~ - NOx phase III compliance costs w .~1 i x 1'i s , f a!w . Exercise of locationalllatenl market power r..,•J I " 111,E 'r +~a' ' • ` l`l ' 'i , r I 117[p1! ~~J''`pyY' Y x1~ r + 1' 30 0 Low Case Scenario 5 . Nuclear capacity remains intact • Overbuild of new CCGTs Downward pressure on gas prices due to pipeline expansions into Northeast 4 1, • Expanded transmission capability from Canada Into Northeast • . Potential expanded large-scale hydro development In Canada (e g Churchill Falls) Y, N 20 rr' 1D95 1994 1995 1996 1997 199a 1999 2000 7001 2002 2001 2004 2005 2008 2007 2008 2009 2010 2011 Year 1 ® 62 rlllUlilli iAlUl IMF i.. '.L4Krt.. . ERCOT Service Areas - - 1 - ~1 M i _ e ti. 1" e w~_ r 1 h T `l O ` 6nI00i0 h ~ ERCO'r A, Gm ` source; Eleolrk Light and Power 1997 ® 63 ell 110114 11111 - h K Ia 32X1 1 a O 1 1 . I n . 1 HANDOUT TO COUNCIL 5/12/98 6"tNfdI'C I K i i i In order to encourage diversity in the moderate centers, cossac cie1cet.aii land uses shall be limited to _1Z1 of the total _acreage of the _canter. ror example) a so acre modulate center can accoc-modale a~ maximum of 20~ acres of commercial/tatail _ land use. In additionp the 1/2 rule shall not^, Iy to a moderate node that has been expanded by a bonus, therefore all intensity gained Item Lhe bonus may be designated for comedreial/retail uses, r.• commercial/retail land Me shall be encouraged in not mote than three corners of in intetsectien that • incorporates a moderate center, r Land use diversity shall be defined as uses other than the dominant land uses in the area such as commercial# retail, light industtiale and office. n~ z3 X 10 10 1, 020 ''I'd t ~ i~tOta 1 r 0 • 1 i , z i r ~ • a, ,ti..n.ns,lrw,.sr+~.:•wih..mw,...,..:.:.1....r ~ ire. ua::Lrlr:Nt..rcp,. • L,cazrMe rnrY Sw« . t ' TFX1J131r 2 p. High-Density Housing The Plan encourages high-density houbingr including manufactured housing, in the moderate centers under, the following conditions 11 Transition between land use 0326k - 25 - 2) Diversity leas ebow ) 3) At least one access by a primary or } aecondarY'.Iartarial with no direct J access on a residential street I r/cll~fJ Srr'c~~ r. ulC.~12/1 g( rl 6) Limit co3~cenfftration ~n moderate, nose to ISO units saracated by 1/2 mile from another concentration S) Oood site deign standards to protect adjacent single family area, such as i. utilising large setbacks# landscaped I • front yards► screening and fences. Pq 2 6, r', r r I Z., 10 HANDOUT TO COUNCIL 5112/98 Denton Independent School District Office of the Associate Superintendent MEMORANDUM May 12, 1998 TO: Members of City Council FROM: Ray Braswell, Assoclale Superintendent SUBJECT: Housing Development Activity As you continue to discuss possible development In the Southern sector of the City, please allow me to discuss an area of concern from the perspective of the school district. 'line area that Is bounded between LtllLnn Miller and Stale School Rand from Wt it to East and further bounded between Robinson Road and lire Interstate from South to North has seen considerable activity during the last year. Spccincally, the developments that have impact on schools are: Development Approximate Number of Units Un"m Lake 100 residential and 080 multifamily Wind River Estates 445 residential Sundown Ranch 433 residential Summit Oaks Edition 337 residential Total Units 1,975 units Based on our estimates of school Impact, we project recehing approximately 850 elementary, 375 middle, and 290 high school students from these developments once the build out is complete, While the district is very interested In securing an elementary school site lit this area, preil:ninary discussions with 'lie developers of these Iracts have produced no A dcnnttive plans for possible school location. Ideally, It would be our hope that the developers of these sites would work together with the school district to provide I needed school space. My request of the council Is to Include the discussion of school needs and impact as aj you deliberate and consider (lie approval of the Individual developments. • 'thank you for your time and consideration. i i 4 I 10 32XIO