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HomeMy WebLinkAbout11-17-1998 .raven. G ' y r r. ip~ Cpl _ i~Q?ri 4.x r... +o-nt+N r.. r. ••1 ,z/.CR1V4G~~"*.'("~%T~Cu n _ r r City Council Agenda Packet November 17,1998 , P j 1 / x tl !a 3 r~ ~ r yr;; r 'r IX N", In 32 X 2 5) seem ad i n I Won" ' i Ape hda Nn. l V ~~Y f - AGENDA tpanda Item_ CITY OF DENTON CITY COUNCIL n 1,0 November 17, 1998 I Alter determining that a quorum is present and convening in an open meeting, the City Council -Aill convene in a Closed Meeting of the City of Denton City Council on Tuesday, November 17, 1998 at 5:15 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. Conference with Employees - Under TEX. GOVT, CODE Sec. 551.075. The Council may receive information from employees during a staff conference or briefing, but may not deliberate during the conference. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A Ci.OSED MEETING OR ON INFOMIATION RECEIVED IN A CONFFRENCE WITH EMPLOYEES WILL. ONLY BE TAKEN IN AN 0:'F.N MEETING THAT IS HELD IN COMPLIANCE WIT11 TEX. GOVT. CODE CH. 551. IHE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUITIORIZED BY TEX, GOV'"T. CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN ME[ T1NG AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION, SECTIONS 551.01-551,0135 OF THE OPEN SIFEI INCS ACT. f Regular Meeting of the City of Denton City Council on Tuesday, November 17, 1998 at 61K) p.m. in the Council Chambers of City Ifall, 215 E. McKinney Street, Denton, Texas at which the folloo ing items will be considered: 1. Plcdge of Allegiance A. U. S. Flag B, Texas Flag "Honor the Texas Flag - I pledge allcgie cc to thee, Texas, one and indivisible." 2. Receive a presentation from Kirk Hemphill regarding Census 2000. PHESEATA1101 SL1WARl)S i 3. Proclamations CITIZEN REPORTS I 4. Receive a report from Ross CFadwick and fam Iy to say thanks. 0 • 51 Rcccive a report from Margaret Tillman regarding rezoning an area that is in a 100•year flood plain. 6. Receive t report from Becky Parton regarding the City's policy on animal releases as it relates to animal welfare organizations, ~''59.~~,a ~5 x ❑ 32 x 1 0 1 1 =ohm • o i71 w"W City of Donlon City Council Agenda November 17. 1998 Page 2 7. Receive a repots from Amber Pearson regarding the need for more bike lanes in Denton. NOISE EXCEPTIONS 8. Cons;rier a request for ate exception to the noise ordinance for a wedding reception to be held at flair Iloll on the North Texas Fairgrounds on Thursday, November 19, 1998. CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. 'The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up information is attached to the ordinances (Agenda Item-9 9-23). phis listing is provided on the Consent Agenda to allow Council Mcntbers to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled, Consent Agenda Items 9.23 below will be approved with one motion, If items are pulled for separrte discussion, they will be considered as the first items under "Items for Individual Consideration 9. Consider adoption of an ordinance authorizing the execution of a change order #3 to a lease agreement for pc's. monitors and peripheral equipment between the City of Denton and 11?''v1 Corporation; providing for an increase in the quantity of items and an increase in the annual lease payment amount; and providing an effective date. (Lease #2043 to IBM Corporation in the amount of $1,130,274.26 + Ch,nge Order 93 in the amount of 514,276.00) i 10. Consider adoption of an ordinance authorizing the execution of a change order 41 to the contract for acquisition, licensure and maintenance of computer, software and supporting information of the customer information system (CIS) between the City of Denton and Harris C'omputcr Corporation: providing for a change in the contract amount; and providing an effcctive date. (RFSP 02102 US Software awarded to Harris Computer Corporation -CI iange Ordu #1 in the amount of $127,194.00) 11. Consider adoption of an ordinance of the City of Denton, Texas authorizing the exMnditurc of funds for the payment by the City of Denton for planned losses associated with electricity transmission to those utilities p. viding energy transmission a9 services to the City of Denton; and providing an effective d, (Check Request to 'TU Electric dated e 10.29.96 in the amount of 577,428.19) 12. Consider adoption of an ordinance accepting competitive bids and providing for the award of a public works contract fur the annual coat; act for concrete work; providing for the expenditure of funds therefor, and providing an affective date, (Bid 02281 - Annual Contract for Concrete Work awarded to Calvert Paving Corporation in the estimated amount of $550,000,00) I r (11 'M3e61M17 • r O wsrx+a 1 City of Denton City Council Ager.Ja Novembcr 17, 1998 Page 3 13. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for North Lakes and Denia Recreation Center expansion; providing for the expenditure of funds therefor; and providing an effective date. (Bid 02287 - North Lakes ' and Denia Recreation Center Expansion awarded to McWilliams Enterprises, Inc., in the amount of S I ,399,400,00) 14. Consider adoption of an ordinance o' the City of Denton. Texas authorizing the expenditure of funds for the 1940 quarirly payments by the City of Denton for a solid waste permit fee calculated c, 3.x'0 of refuse collection fees to the Texas Natural Resource Conservation Commission; and pro-iding an effective date. (PO #90910 to 'texas Natural Resource Conservation Commission (TNRCC) in the amount of $1 30,()00.00) 15. Consider adoption of an ordinance authorizing the City Manager to execute a professional services agreement with Louis Berger & Associates. Inc. for services relating to the valuation of electric transmission and distribution systeri; authorizing the expenditure of funds therefor; and providing an effective date. (RFSP #2286 - valuation of Electric Transmission and Distribution System awarded to Louis Berger & Associates, Inc. in the amount of 585,000.00) 16. Consider adoption ofan ordinu ..e authorizing the City Manager ro execute a professional services agreement with Worker's Assistance Program, Inc. for an employee assistance program; authorizing the expenditure of funds therefor; and providing an effective date. (RF'SP 02277 - Employee Assistance Program awarded to Worker's Assistance Program. Inc, in the estimated amount of $15,710.88) 17. Consider adoption ofan ordinance providing for the expenditure of funds for purchase of materials, supplies and services for the purpose of maintaining a Kodak 1S 70 NCEA color copier which are available from only one sourLC in accordance with the provisions of state law exempting such purchases from requirements of competitive bids; and providing an effective date. (PO 490834 to Danka io the amouni of $26,760.00 per )ear; total award $80,2f J.00) I8. Consider adoption of an ordinance awarding n contract for the purchase of a 70 page per minute color prlmcr~copier as awarded by the State of Texas General Services Commission; providing for the expenditure of funds therefor; and providing for an effective date. (PO #90833 to Dana in the amount of $95,075.00) 19, Consider adoption of an ordinance awarding c contract for the purchase of a Islino;la 0F900 color copier and accessories as awarded by the State of Texas General Services Commission; providing for the expenditure of funds therefor; and providing for an • effective date. (PO #90835 to Minolta in the amount of $32,830.00) p ~ 20. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of tree trimming on miscellaneous electric lines; providing for the expenditure of funds therefor; and proxiding an effective date. (Bid 02288 - Tree (rimming awarded to North Texas Trec dba Florton'rrcc Service in the estimated amount of 550,000.00) QQ z.k Iri 32XIa s d.~r 0 i City of Denton City Council Agenda November 17, 1998 Page 4 r 21. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of fire fighter station'work uniforms; providing for the expenditure of funds therefor; and providing an effective date. (!lid 02284 - Fire Fighter Station/Work Uniforms awarded to Casco Industri,.. in the approximate amount of $35,000.00) 22. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the rental of approximately 3,000 sq. R. of office space; providing for the expenditure of funds therefor; and providing an efTective date. (Hid 02296 - Rental of approximately 3000 sq. A. of Office Space awarded to Denton Area Teachers Credit Union in the amount of 53,000.00 per month or 536,000.00 per year) 23. Consider adoption of an ordinance authorizing the Mayor to execute a sewer main cost participation agreement between the City, of Lknton and Bel. Air Development, Ltd. for participation in the ovcrsizing of a sewer main and in accordance Wth the terms and conditions of this ordinance; authorizing the cApenditure of funds therefor; and providing an effective dare. PJ43LIC HEARIN 24. Hold a joint City Council/Planning and Zoning Commission public hearing to hear comments regarding 11,e draft interim Corridor Ordinance, 25, I lold a public hearing to hear citizen comments regarding the draft Growth Management Strategy, !f 26. l lold a public hearing and consider a request to rezone a 2.267-acre tract of land from an Agricultural (A) zoning district to a Light Industrial (L.1) zoning district. ]'he property is f located in cast Denton on the cast side of Ma) hill Road, approximately 400 feel north of F. McKinney Street 01426). Expansion of an existing bus; ;ess is proposed. (T he Planning and /oning Commission recommends approval 5.0.) ('!.•98.031. 104 bfa)hill/ t7. I loll a public hearing and consider rezoning 33.776 acres from a Planned Lkvelopment (PD) zoning district to a Conditioned Commercial (Cfc)) zoning district. The 33.776 acre property is legally described as being part of Block 10, Wimbleton Village, Phase V. part of E11ock 11, all of Block 12, and part of Illock 13 Wimbleton Village Phase 1V, and ell of 0 the dedicated right•of-Hay known as Walden Place (sho%, n on the revised plat of Wimbleton Village, Phase IV, now legally vacated), 11 is located on the south side of I. 351,• cast of Stale School Rd. The purpose is to expand an auto sales and service dealership. (The Planning and Zoning Commission recommends approval 5.0 with conditio-s,) (L-9S.031.Jamesll'oudAufo) • 28, I fold a public hearing and consider rezoning 1,5694 acres at 3803 W. University from an p r Agricultural (A) zoning district to an Office (O) zoning district. The 1.5694-acre property is legally described as Lot One (1), Block One (1) of the Bethel Temple Parsonage Addition. It is located on the south side of University litf.S. 380) at the T- intersection of Marshall Road and University. The proposal Is to allow for a photographer's studio and single family restricted dwelling on the same tract. (The Planning R Zoning Commission re.ommends approval 4-0 with conditions.) (1-48-014) t► NOW" p City of Denton City Council Agenda November 11, 1998 Page 5 29, alold a public hearing and consider rezoning 15.088 Peres, amending the approved concept plan and approving a detailed plan I')r PD-132 zoning district; a. rezoning 15,088 acres from an Agricultural (A) zoning district to Plann.d Development 132 (PD-132) zoning district; b. amending the approved concept plr.n. The proposed concept plan contains 428 acres and includes a combination of single-family, multi-family, community facility, school, general retail and open space (parks) land uses; and c. approving a detailed plan. The detailed plan contains 138 acres and includes single-family land uses located in the southern portion of the zoning district. The district extends north from Shady Shores Road just north of 1-35 East and the east of Swisher Road. (The Planning and Zoning Commission recommends approval 7.0 with conditions.) (Z-98-011 and Z-98-037. The Preserve) IT EMS FOR INDIVIDUAL CONSIDERAT1ON 30. Consider adoption of an ordinance of the City of Denton, Texas, amending Chapter 31 r "Landscape" of the Code of Ordinances of the City of Denton providing for new standards for applicability of ordinance when remodeling, redeveloping or reconstructing; ` providing for a new list of exclusion from the ordinance; providing for ucw measuring of I trees under tree requirements and providing new credits for preservations of trees; providing definition for landmark tree and procedure for designation; providing for new replacement requirements on public property; providing for an alternative landscape plan; providing a penalty in the maximum amount of $500.00 for violations thereof; providing a severability clause; providing a savings clause and providing for an effective date. (The j Planning and Zoning Commission recommends approval 4-0.) 31. Consider adoption of an ordinance suspending the proposed rate increase in the statement j of intent filed by Lone Slar Gas Company for the rates for sales of natural gas to residential and commercial consumers is the City of Denton, Texas on October 23, 1598, for 90 days beyond the intended effective date; adopting declarations ant' findings in the preamble; providing the reasons therefore; providing a severability clause; and providing for an effective date. 32, C'oa.sider adopLnn of an ordinance approving a real estate contract between the City of Denton and State Street Bank and Trust Company as trustee for the electronic data systems corporation retirement plan and trust, relating to the purchase of 0.835 acre of land for the expansion of U.S, Highway 77 (Parcel 11); authorizing the expenditure of funds therefore: r nd providing an chMivc dale. 33. Consider adoption of an ordinance authorizing the City Manager to execute a personal services contract with Roger Wilkinson to provide technical support for tf.e acquisition of right-of-way parcels and utility easements relating to the U.S. Highway 77 project; authorizing the expenditure of funds therefor; and providing an effective date. 32x❑ 1 0 0 City of Denton City Council Agenda November 17, 1998 Pa ,,e 6 I 34. Consider adoption of an ordinance abandoning a certain 16 foot drainage easement consisting of 1,924 square feet of land on the cast side of Bridges Road, approximaWy 535 feet north of Spencer Road, situated within property recorded in the deed records of ' Denton County, Texas at Volume 960, Page 723, and described as a part of the M.E.P. d: P. RR Survey, Abstract 927; and providing for an effective date. 35. Consider adoption of an ordinance amending Chapter 29 of the Code of Ordinances of the City of Denton, Texas to provide for the adoption of the Uniform Fire Code, 1997 Edition; providing ft r amendments thereto; re-establishing permit fees; providing for a penalty in the amoun' of 52,000 for violations thereof; providing for u severability clause; repealing all ordinzni.es in conflict therewith; and providing for an effective date. 36. Consider adoption of an ordinance of the City of Denton, Texas appointing Sharon Mays to act as the designated representative and Guy Phil Rennaker to act as tLt dtemate designated representative for the City of Denton, Texas, in order to effectuate the requirements of federal regulations and laws relating to the "Acid Rain Program" under the 1990 Amendments to the Federal Clean Air Act; authorizing the City Manager to execute the designated representative agreement, and providing an effective date. 37. Miscchaneous matters from the City Manager. 38. New Business This item provides a section for Council Members to suggest items for future agendas. 39. Possible continuation of Closed Meeting under Sections 551-071-551.085 of the Texas Open Meetings Act. 40. Official Action on Closed Meeting items held under Section 551.071-551.085 of the Texas Open Meetings Act, CERTIFICATE I certify, that the above notice of meeting was posted on the bulletin board at the City Hall orthe City of Denton, Texas, on the _ day of _ 1998 at o'..,ck (a.m.)(p.m.) Cam(, ,.TAhY NOI E: THE CITY OF DENTON CITY COUNCIL CHAMBERS 19 ACCESSIBLE IN AC'CORDAN'CE WI'TII THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE BEARING IMPAIRED IF REQl)ES f ED AT LEAST 48 HOURS IN ADVANCE OF THE SCIIEDUI ED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 OR USE IELFCOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1.800• RELAY-TX SO THAT A SIGN LANGUAGE INTERPRFI ER CAN BE SCHEDULED '111ROUGI I THE CITY SECRETARY'S OFFICE. 2 5 x i 32 X i 0 1 magmas 0 U yn Apends No.._.1.4_ Apenda 00e_~1 AGENDA INFORMATION SHEET AGENDA DATE: Novembe • l7, 1998 DEPARTMENT: City Manager's Office CM: Michael W. Jer, City Manager, 349-8307 SUBJECT: Consider a request for an exception to the noise ordinance for a wedding reception to be held at Fair hall on the North Texas Fair G.+ounds on Thursday, November 19, 1998. BACKGROUND: Mrs. Braughler is requesting an exception to the noise ordinance for a wedding reception to be held on Thursday, November 19, 1998. The event is to be held at Fair Hall on the North Texas Fair Grounds immediately after the wedding, which begins at 7:00 p m., unt;i midnight. No music will be played outside, but music will be amplified inside the hall during the reception. As you know, the noise ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuisance, particularly after 10;00 p,m., Monday through Saturday and anytime Sunday. The ordinance does, however, provide that the City Council may make exceptions when the public interest is served. The organisers have been informed that should Council approve this request, responsible use of the amplified sound is soil required by Section 20-1 of the City of Demon Code of Ordinances. In particular, Section 20.1(a) states: It shall be unlawful for any person to make or cause any unreasonably loud, disturbing, unnecessary noise which causes or may cause material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity r thereof n+ • "RQ AC IPI / IEW(Council.Boards.Commissioe): j None r 't 32 x i 0 i ' FISCAL iNFf1RMAT[ None. Respectfully submitted: f _ Chuck E%ings Management Assistan~r 1 Attachments: 1. Request from Mrs. ©raughler 2. Map 3. Noise Ordinance I 4 r ` e ` i ,x 25x10 32x1o Sr i A (t 112 o e) r o f _ rt ' ICJ ~32>-ICS ohm" e 0 ra py4 ESRI ArcExplorer 1,1 building parcels in 71 w M4 if x-mi RFC~ L 177 ~g 6q,o~ . tia T m 50 _ ' . 4~ 41- bum ~I I I I I~1 : . * e N Thursday, Nov 12 1998 ~ ` irk/ iG1tI'. lu~, k 4 i (l ' 32 ~l.~r. fCSa r...__ 0 0 "Alma i Chapter 20 NUISANCES' Art, I. In General, 11120-1-20-30 Art, 11. Abandoned Properly, 11 120-31-20-70 Div. 1. Generally, 11 20-31-2040 Div. 2. Motor Vehicles, 1120.41-20.70 Art. 111, Grass and Weeds, 1120.71-20.73 ARTICLE 1. IN GMARAL Sec, 20.1, Noise. (a) It shall be unlawful for any person to make or cause any unreasonably loud, disturbing, unnecessary noise which causes or may cause material distress, discomfort or injury to persons cf ordinary sensibilities in the Immediate vicinity thereof. W It shall be unlawf I for any person to make or cause any noise of such character, Intensity, and continua:&.jrntion as to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. (c) The following acts, among others, are declared to be noise nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive: (1) The playing of any phonograph, television, radio or any musical instrument in such manner or with such volume, pnrtiwlarly between the hours of 10.00 p.m. and 7:00 a m , as to annoy or disturb the quiet, comfort or repose of persons of ordinary scnsibililics in any dwelling, hotel or other type cr residence; (2) The use of any stationary Ioudapenker, amplifier or musieel Instrument In such manner or with such volume as to annoy or disturb persons of ordinary sensibilities in the immediate vicinity thereof, particularly between the hours of 10,00 p.m. and 7:00 a m , or the operation of such loudspeaker, amplifier or musical Instrument at any time on Sunday; provided, however, that the city council may make exceptions upon applicstion when the public Interest will be served thereby; S (31 The blowing of Any steam whistle attached to any stationary boiler or the blowing of any other loud or far-reaching steam whistle within the city limits, except to give notice of the time to begin or slop work or as a warning of danger, (4) The erection, exeavntinn, demolition, alteration, or repair work an : ny building at snytime other than between the hours of 6:00 a.m. and 8:30 p.m, Monday through 0 Friday from June 1 to September 30; between 701 a m, and 8:30 p.m. Monday j V through Friday from October I to May 31; between 8:C0 a m. and 8:30 p,m, on b 'Cross references-Protectrd migratory bird ruosts declared nuisance, 16-87; Inspec- tion AnJ abalement warrants, 1 19 86 et sect ; insect and rodent control in mobile home and recreational vehicle parks, 1 32-91. I Sapp No 6 1389 ` i 49 x~ R 5•,,•' t 1Y?. / 4J `lam r „a.., ol 11 saws r O avewirw I ` i ¢ 20-1 DENTON CODE Saturday; and between 1:00p.m, on.! 8,30 p.m. on Sunday; provided, however that the city council may issue srecial permits for each work at other hours in case of urgent necessity and in the Interest of puhiic sacety and convenience. (5) The creation of any loud and excessive noise in connection with the loading or unloa8.ng rf any vehicle or the opening or destruction of bales, boxes, crates or containers; (61 The use of any drum, loudsl.aakpr or other instrument or device fur the ?°upose of atlroct;ng attention by the creation of nolses to any performance, show, thrilre, motion picture house, sale of merchandise or displa.+which causes crowds or people to block or congregate upon the sidewalks or streets near or adjacent the*L eto. (Code 1966, 16 14-20, 14.21; Ord. No. 95-184, 11, 9-12.95) Cross rererencti.Lnimal noise, 16.26. Bee. 24.2. Odors, (a) It shall be unlawful for any person to create or cause any unreasonably noxious, unpleasant or strong odor whl.h causes material distress, discomfort or injury to persons of ordinary sensibilities In the Immediate vicinity thereof. (b) It shall be unlawful for any person to create or cause any odor, stench or smell of such character, strength or continued duratiu,i no In substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sergibiiitleg. (c) The following acts or conditions, among others, are declared to be odor nuisances In violation of this Cede, but such tnumeration shall not be deemed to be exclusive: I (1) Ollenaive odors from cow lute, hog pens, fowl coops and other similar places where animals are kept or feel which disturb the comfort and repose of persons rr ordinary sonsibitittis; ~ (2) ORenrive odors from privies and other similar places; (3) Offensive odors from the use or possession of chemicals or from h,dustrlal processes or activities which disturb the comfort and repose of persons of ordinary sensibilities; (4) Offensive odors from amo(e from the burning of trash, rubbish, ribber, el+emicals or . other things or substances; (5) Offensive odors from stagnant pads allowed to remain on any premises or from rolling garbnge, rduse, offal or dead animals on any premises. (Code 1966, 16 14.22, 14.23) 4cc, 20-3. Garbage, trash and rubbish nulsonae"enerally, d (s) Sroping or kerpinggarbage, tro,h and rubbish. The storing or keeling of any and all O stacks, heaps or piles of old lumber, refuse, junk, old ears or machine+y or parts thereof, garbage, trash, ruub:A ecrop mnteria), ruing, demolished or panty derr,rlished structures or buildings, piles of stones, bricks or broken rocks c.r any premises bord :ring any public street 4 'I Stipp. No 6 1390 o , kuto" 0 Apende No .-..~C.f2.~ _~ry AGENDA INFORMATION SHEET 4pend,ti item// AGENDA DATE: November 17, 1998 Questions concerning this acquisition may redirected DEPARTMENT: Finance - Purchasing to Alex Pettit 349- 9562. ACM: Kathy DuBose, 349-8228 SUBJECT AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER # 3 TO A LEASE AGREEMENT FOR PC'S, MONITORS AND PERIPHERAL EQUIPMENT BETWEEN THE CITY OF DENTON AND IBM CORPORATION; PROVIDING FOR AN INCREASE IN THE QUANTITY OF ITEMS AND AN INCREASE IN THE ANNUAL LEASE PAYMENT AMOUNT: AND PROVIDING AN EFFECTIVE DATE. (LEASE # 2045 TO IBM CORPORATION IN THE AMOUNT OF SI,130,274.26 + CHANGE ORDER # 3 IN THE AMOUNT OF S14,276.00). BACKGROUND On April 15, 1997, the City Council approved a master lease with IBM Corporation ft- the equipment necessary:o implement phase # 1 of thf. Long Term Information Services Plan, This lease is a 36 month lease agreement for equipment supplied by NTCS, inc., a State of Texas General Services Commission Qualifico Information Services Vendor (QISV). Originally, we acq fired 358 pc's, monitors and related peripheral equipment at a cost of 5891,268.00. Change Order 4 1 was approved by Council April 7, 1993 adding 69 pr's, monitors and peripherals in the amount of $21:,511.26 and included Lease Supplements 1, 2.3 R 1. C hange Order 9 2, Lcase Supplement 4 5 was approved September 15, 1998 adding 8 additional pc's and monitors in the total amount of $20,469.00. Chsngc Order # 3, Lease Suppiemet t 9 6 will add 5 laptop pc's, periphctals and extended v;arrantics and includes a aptop for the Utilities Department, one for Administrative Services, one `or Public Safety, one to Inform-pion Servi :es and one to serve as a loaner. The first annual payment for the additional lease r vision change order # 3 totals $5,001.00, The 36 month total, including finance charg 3, is 514,296.00. The additional ' requirements ar, due primarily to increased appliceon of the high tech electronic communication system. • The equipment pricing is from NTCS, Inc., from State of Texas General Service;. 410 Commission pricing as previously mentioned. NTCS, Inc. will sell the equipment to • c IBM and they, in turn, lease the equipment to the City of Denton. i I 25x10 32XIO s AGENDA INFORMATION SHEET NOVEMBER 17, 1989 PAGE 2 OF 2 ESTIMATED SCHEDULE OF PROJECT: This equipme.d is currently in stock and available for 2-3 day delivery with completed installation to 10-14 days. PRIOR ACTIONIREVIEW (Council. Boards. Commissions - On wLrch 6, 1997 the Information Seivices Advisory Board considered and approved a three year traster lease agreement with IBM Corporation for PC's, Monitors, Notebooks and Docking Stations to implement the City of Demon's Long Range Technoloyy Plan. The }ublic Utility Board had approved the proposal at a previous meeting. ` • City Council approved the master lease on April 13, 1997 in the 36 month amount of $897,268.00. i • City Council approved Change Order N 1 on April 7, 1998 in the amount of ` $212.517.26, i I • City Council appro%,cd Change Order N 2 on September 15, 1998 in the amount of j 820,469.00. I FISCAL INFORAIATION Funding for the increased annual payment is available in the Tech plan budget account number 468.044-COMP-9847.9103. CONTRACT CHANGE ORDER INFOW-iATION This Change Order N 3 is an add-on to the master lease. The additional equipment includes 5 laptop pc's, peripherals and extended warranties. The agreement is for 36 months divided into 2 annual payments of $5,001.00 and one payment of $4,921.00. 'IN Respectfully submitted: Name: Tom Shaw, C.P.M., 349.1100 ; Title: Purchasing Agcnt I Attachment NL Equipment Quotation from NTCS, Inc. iro Attachment 02: QISV Cerlifieation Attachment 03: Purchase Order 9 90822 11 ?2 AuLvnA 2 ,;r f t ~ r k f 0 . aarw . 0 V suns City of Denton ATPAd MMT 1 .j Compaq Laptop Proposal ' by Troy D. Tuomoy rrwNlgood rot lederernealdata 74„a T Inc. LAPTOPe G/I A! IMItMp ON Mp~ 6 empH de f IWp ~ 1I, I 1 le4um IJSMMa MMx CPU, SSW me"/y. S.Y 1.4IM5 Ropey d", / 52031101 Mrd drM, SM0 vldee, 12. 14 O1TN I"" w9ft lox 1101 cc-ROM ~ Whe, Wagreled 6W1d WW epeeaere, V*"ted /i./xepf FaWodem, S Type I ►0 card Ibu, Taud, Pad pot" aevw. wwm is. I Yew Deed W WW4 J Compaq Amid# 11MJ060150018 ►wha,e 41004d Warrant/ 1111 art 1464 ywn I paaa a4 01ek404"44 leeor 1o I y.., yMf a11d J yure rlc*~ wvy In Yea. 1 IU1oaCareyingCase lrJ I fire GRyk'Kaw br bow" 1 Oempa q JIMO Mamary Upgrade 'ill1G :Ip'' Add SIM1 RAM to Annala Laptop W a bW of WM,'.n S Comp/ q Anmoda ldlemed OeawnWfw had IJ41 /,fl• Al K"hWaf ad now Pone (.MA pampok, v1dee, IWft ft VAW8411Mme . 101alei:llpfet7e lWl way OaMeWRWnb MMerIC }nldxe eM MbO r and foph Nb 11N NefrrdaW alWa1 RgNbr, aayawrd, and mWW1 ti a6y WWMealed to ea yWWO Nw , LAPTOP I ALE 1290RU TOTAL _ Jre;•~ ' 1 $0 You[ Iff i• i 010TI N Vna Pr'Ke Olv Onw - I r , i 1. -44 r ,f 3 led MYnItMNYf/^YNrNNTWi Inl lnlNMI /InIWrlf fmNINIM. t ' t l~,T. ya C x 34 x I O i . 1 i ATPA(HKM # 2 y NT>M A W.: 3101 1.35 North, Suite 126 Donlon. Toxol 74707 940.317.0122 METRO 972.434.2435 ' FAX 940.313.1'32 October 7, 1998 ~ Tom Shaw City of Denton • Purchasing 901 B Tc:xas Denton, TX 76201 Dear Mr. Shaw: Per our discussion, I am send•Ir.g you this letter to inform you that the computer systems on the attached proposal have been submitted to out State of Tens Qualified Information Services Vendor (QIM Catalog. 1f you need any other information, please de not hesitate to call. Sin:erely, ~C11Lv'1,e~ + David Johnson, , NTC.S, Inc, ' Cc: Tom Shaw, Purchasing Bobbie Cargile, IS i a+r - , 930 w. Rnt Slraol , A;IC 301 Fort Wa1rt. Teeot 74102 411.33311350 FAX 117.333.1350 ri 1 ~ wiravm 0 PURCHASE ORDER Na. 9UU22 THIS IS A xxx INS rumba moot app/r on all CONFIRMING ORDER Involceo, delivery slips, cases, OF MARKED) clnl, boxes, pecbinl sups rid bill& DO NOT DUPLICATE _f Rep No Bid Na CNr. 10 29 98 Palls No. 01 PURCHASING DIVISION 19001 B TEEN SO } I DEENTONNSEXAS 701201-4354 940049-7100 DIFVJ METRO 817!2117-0042 FAX 9401349-7302 w i VENDOR IBM CORPORATION VAME/ HLTH/B/MFO/INS DELIVERY COXI?IRNATIOM ONLY C11 ADDRESS 1605 LBJ FREEWAY ADDRESS INFORMATION SERVICES DALLAS Tx 75234 601 E HICKORY DENTON, TX 76205 DEAN BELVIS VENDOR NO. 11149000 DELIVERY DUOTED 11 O1 98 FOB DESTINATION BUYER TS TERMS iap., „ N.. y «r r, 001 5.00 EA VENDOR CAT. 1 N / A MFG MANE 872.000 4,360.00 CITY 1 9100 COMPAQ ARMADA ,92DNT P233KKk LAPTOPS PENTIUM 233MH2 NNX CPU 32MB MENORT, 3.5" 1.44KB FLOPPY DF.'IVB. 3.298 BIDE HARD DRIVB 2MB VIDEO, 12.1" DBTN 600X600 SCREEN; 20X BIDE CD-ROM DRIVE, IMTEGRATCD BOUND AND SPEAKERS, INTF.OPATED 33.6KBPO PAX/MODEM 2 TYPE 11 PC CARD uLOTSr TOUCH PAD POINTING DEVICE, WINDOWS 95, 1 YR DEPOT WARRANTY, COMPAQ 32MB MEMORY UPORADS. r 002 1.00 EA VENDOR CAT. II N / A NFO MANE 641,000 641.00 l CITY 1 9100 e VENDOR SOURCED PRODUCTS/SVCSS e(5) COMPAQ ARMADA 1100/1500/1700 88 PORTABLE EXTENDED WARRANTY. e(5) TAROUS CARRYING CASES FOR LAPTOPS. 642) COMPAQ ARMADA ETHERNET f CONVEXIBXCE BASKS. P qB TOTAL 1 50001,00 ~ VIVO WIR00ll0N1 1. Trmt • Nil 30 a"Nr, 0411-1 $04 44041 1. Find 1(11104 invotl tae. #411cMs a)F7 1. ShippilN Ygkufbr.x F.Of Dest"llon peFMl 0oh'i 4Nd.01 I lilt is - Acthmll Fpibll 5. ki e4en1 r Vole 1,11111 uo 111411 ►e Mwlukd F11 F. MOolmel 11I. M lydas ►ille/ rc n q ion Rsnun tit 1121~ 1!1~ ..vat. , p , PURCHASE ORDER NO: 9011:el THIS IS A Xxx Il.e manbv must appear on all CONFIRMING ORDER mro+eel, delwuy pipe, , costs, {if MARKEd 'ul cine, boxes, packing pipe rd lift DO NOT DUPLICATE Re4 Nat Bid Nix Ome 10 29 98 Pepe Na 02 PIIRCHASNM3 DIVICiON 11 901-8 TTEEAAS STREEI TI DENION. TEXAS 70201-4354 9401349-7100 DIFW METRO 8171267-0042 FAX 9401349-7302 INDOR IBM CORPORATION TAME/ H6TH/B/NFO/INS DELIVERY COMFIRNATION ONLY C11 1DOAESS 1605 LBJ FREEWAY ADDRESS IBFORNATION SERVICES DALLAS Tx 75234 601 E NICXORY DEAN BELVIB DENTONr Tx 76205 VENDOR NO. 11149000 DELIVERY OIIOTED 1m. O1 98 FOB DESTINATION BUYER TS TERMS LEASE 6 i i i 01 TOTAL I 0100 P 0A ND TOTAL s 51001.00 • 460 044 COMP 9847 9107 50001.00 .e««n N„n,0t ' VINDO INIPWLLDONS... 1, forms • Nei II Win 1. Semi Nhind Invoke Fim 411cNt ton. 4, pop Ink Inslrecllent F D 1 ontimatien Prepaid ItwNu .e&.M "aftit I lin is x kcesell Pesblt 1. No Plletkf r state I015 tat s» to Induiel 1A c in prices lifel ec ut q k on Denton % Iu r1`4191 2.5 x ~ C_i 32X ~ ❑ V O M N, CITY OF DEHTON.., - fRM NO.1 19... : _ ~ 4934FT362 98-11-t3 43135F F.03 ORDINANCE NO. AN ORDNANCE AUTHORIZIQO THE EXECUTION OF A CHANOL ORDER N 3 TO A LEASE AGREI ONT FOR PC's, MONITORS AND PERIPHERAL EQUIPMENT 8E714TEN THE C.TT'Y OF DISNT.'ON AND MM CORPORATION; PROVIDING FOR AN INCREASE IN = QUANTITY OF ITEMS AND AN INCREASE IN TIM ANNUAL LEASE PAYMENT AMOUn AND PROVIDING AN EFFECTIVE DATE. (LEASE 0 2045 TO IBM CORPORATION IN THE AMOUNT OF $1,130,274.26 + CHANGE ORDER 0 3 IN THE AMOUNT OF $14,276.00). PC's, MONITORS, WHEREAS, LAM4-15-98, the City P. DOCKING STA IONS 3 AND MeathPP-qIp RAL MUUIIENf TO IBM CORPORATION In the IMW amount o0896,796 total; and WHEREAS, on 4-7.98, the City Comlell approved change ordec N 1 In the UMW amrnast of $68,422.42 plus a one time payment of $7,250.00 for a tall of S75,672.5; $212,51716 mute Y. lease irnxe W and WHEREAS, on 9-15.98, the City Council approved obange tvder 0 2 in the told amount nf $20,46900; and WHEREAS, the City 9=108" Laving recommended to the Cotmcil that a change order be authorized to amend such egreemem with respect to the scope of price and said change order being in compliance with the requirements of Chapter 252022 of the Local GovetnMent Code exempting this Suter of Texas General Services Commussion acquisition fto9 the et mpefidve bid process; NOW, TIiPAEPORE, ) THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, SEC717UN L That Change order N 3 inoreufng ate amount of the loose agreement between the City and ISM Corporat on copy of which to attached hereto, In the amount of FOURTEEN THOUSAND TWO HUNDRED SEVENTY SIX AND no/100 (114,276.00), is hereby approved and the expenditure of funds therefor is bereby authorized. The master lease amount if amended to tad $1,144,55016. SECTION IT. That this ordinance =hall become effective irrrtne"tely upon its p=ee=p and approval. PASSED AND APPROVED this the day of _ . 1998. y JACK MILLER, MAYOR ATTEST. JENNIFER WALTER% CITY SECRETARY BY: r APPROVED AS TO LEGAL FORM: HERBERT L. PROM, CITY ATMRNEY BY: 2043CIMN090kbW6 DRUNCa 7 E N ,,4 11,17 0 32 10 YtY~epiR lK1i Pf.'R t TERM LEASE SUPPLEMENT 01ls PnPared1W1L96 Pa" 1 of 4 Cuitarnor No.: 2271634 SupplolanlN ftrn : 000579FIl Pvl:Aase AplomoM Pal: Q268187 Cuslorner Name and Address II1slalled at Location IBM CSO Location: YQ4 CITY OF DENION CITY OF DENTON IBM CIO Loca6an Ad*tso 901.8 TEXAS ST 001-8 TEXAS $T DALLAS • C50 Term Lease Ma:ler ASroorllent Nol Q2881SI DENTON , IX 16201-4354 DENTON , TX 182014354 IBM LBJ FREEWAY Anodaled Suo omaM Nos.: DALLAS , IN Summary Supplemen! No: Amondment Nos.: • AddamRenNoc Customer Reference. QINII11 letter Ne : Q0161390806 Loconoml Land P Finsood Storm Part Order 19 Umt Purmhsla 1-gshmaled 1111 0,a Lector Ine4lled Typo Modo9ro0uro or Swlal Ili purcn Munl 1•) F, Ash Commen(amlM Intermit Ne cwt omor No Stab Dascnption ME$ No No Oplme Opr,on lnclud Term Ameunl FMncmd plow Pont A slow Dais Fall 001 2273634/ TX COMN•TAK 0 FM 38 2,495.00 STEP 1119e 5234558 233MHZ PENTIUM 11 32MB N 002 22736341 TX COMN•TAK 0 FM 38 2,495.00 STEP 11198 5234558 233MHZ PENTIUM II 32MB N 003 2273634/ TX COMN-TAK 0 FM 38 2,495.00 STEP 11198 52345 233MHZ PENTIUM II 32MB N 6uppbu Namm Sappriar cu Homer No Fracal flat Start call I-) Sec wHy vapotd Total Nneunl 1-1 interim Su Shp Pmt hyrr"t Ponod IMenthmsy) Financod Rant APachmmnl Iw MONTHLY IN APPEARS N,CS IBC /6A0071 or II pope) ApowI Rant DolNh Rent Cwnmencomeml Dols _ 07/01 1,485.00 NO PV Sol page 4 for 1-019eatws. dsUmnono end adddIwel firma Total Amount Sol Shp Fml Fln aPCe4 Altachmont to e FOR iNEtl l1AS[ RATIO TO 11 VALID, THIS IUPILIMlNT INUIT SI IIONID AND AECIIYID 1Y LlIIOA 9'., U11110, fall "041) A mnt Dolel I I 14,278.00 TH£ TERM (EASE MASTER AOREEME017 REFERENCED ASOVE, THIS SUPPLEMENT AND ANY APPLICABLE ATTACHMENTS OR ADDENDA ARE THE COMPLETE AND [NCLUIIVE STATEMENT Of THE AGREEMENT, THESE DOCUMENTI SUPERSEDE ANY PRIOR ORAL OR WMTTLN COMMUNrCATIONS BETWEEN THE PARTIES. BY SIGNINO BELOW, BOTH PARTIES AOREE TO THE TERMS REPRESENTED SY THIS SUPPLEMENT. IF AOR£ED TO BY 1,E18EE AND I[11IN 1 SUPPLIER, 118111E AUTHORIZES LEtlOR 10CHAN0E THE AMOUNT FINANCED AND THE RESULTING RENT. 11131E FURTHER AU. THORIZES LESSOR TO INSERT MACHINE SERIAL NUMBERS ON THIS SUPPLEMENT A$ THEY BECOME AVARAILE, WITHOUT FURTHER AUTHORIZATION FROM LE81E14 DELMAYOF AN EXECUTED COPY OF ANY Of THESE DOCUMENTS BY FACSIMILE OR OTHER RELIABLE MEANS SHALL BE DEEMED TO 81 AS EFFECT N1 FOR All PUP; OIN AS OELWENY OF A MANUALLY EXECUTED COPY. LESSEE ACFNOW1.E00E8 THAT LESSON MAY MAINTAIN A COPY OF THEIR DOCUMENTS IN ELECTRONIC FORM AND AOREES THAT A COPY REPRODUCED FROM SUCH ELECTRONIC FORM 011 BY e ANY OTHER RELIABLE MEANT (FOR EXAMPLE, PHOTOCOPY, IMAOS 041 FACSIMILEI SHALL IN ALL RESPECTS It CONSIDERED EQUIVALENT TO AN CRIMINAL IF INDICATED HER[, THE FOLLOWING ATTACHMENTS SHALL APPLY IOAND It INCORPORATED BY REFERENCE: • AceCPled Dr Intl 11 Oelo* IBM Credll Cwporshon CITY OF DENTON w request an Loss" IBM ma,ntenanU For of as lessor a0rperrent on Ell Th By: IBM Lea Bed Hems Kfnfi`~ eFa Fvl~,3,Q~ = IllilulflllllglllulllltHlNlllllNllpllllllillll f4d Iril"Yrl.all M r- efa w.'r ,A4 3,,..npr ( M 0 ' p ' 'I C . Sl TERM LEASE SUPPLEMENT Dale Irepared, 1a 1348 COIITINLNLTION SHEET OW I of d CuNane, 11c 2273030 Iupptem mot warme DOOSFIT12 lewcha ss AVeemeM Betz Q2ISIIT Cuslemw Name BNO Addrell In1e11 d at LMM" IBM CIO Leee110R' yQ4 CITY OF DENTON CITY Of DENTON IBM CIO Leadao Addrssa 9019 TEXAS ST 101-B TEXAS ST DALLAS • CSO Term Leese McMw AV*~ NO.: Q20f191 DENTON , TX ?62014350 DENTON , TX 1`/12014354 1905 LBJ FREEWAY Associated Ilpplemwrt Not.; DALLAS , TX owmav eme111 Nw.. Amen6Nwd Nn.; • Addaa/ua Nou CUkdmw Relarenoa: Quills Letlw Ne.; 9041390M LaallaJ Listed a Flnoncod Nom Pismi Ordw (•j Loll ►urcMsa I•IEsllmaw0 Una Leum Installed Type lAOAoIA'elure Of IMat PI Puree. Valnl ('1 Pries/ Raw Canmeneemsrd MNnsl No Cu Nemor Ma Slalo Doserlpllan WE$ we No Oalien Og10A IneluC Tam Amdunl flnMead 41000 Ram (Miles" Dora Role 004 22738341 TX COMN-1AK 0 FM 30 2,495.00 STEP 11103 5234558 233MHZ PENTIUM 11 32MB N 005 22730341 TX COMN•TAK 0 FM 30 2.49500 STEP 11/98 5234558 233MHZ PENTIUM II 32MB N 000 22730341 TX 9994.001 T' NA 33 1,801.00 STEP 1U15/98 0.18 $234558 VENDOR SOURCED PRODUCTSISVCS m y l f I 1 f TOM Ameum IM 9w1 ►ml ►pmanl Pen9d hwcw AJwcNmenl Nos 0A s aopol Rani 0001 MONTH.Y 0,701.00 IN ARREARS 0 FOR 10111 LIME AATU TO BE VALID, TNJ$ 11UPh1MIAT VUBT Of 11001D AND NICIIVIO IV LISt" In TIb1l". I Jim WIN th" a M~~ ; 1 k a 32X 10 ILA A 1 4) I r ~ U it 4 r , TERM LEASE BUPPLFMENT Data Prepared. IN13M CONTINUATION INSET Pa" a of A II~ Customer No.: 2373634 IuppIoIIN1" wcter. 6300875742 Purchase ApameM Nat.: QMI17 Customer Name and Addr asa Inataned at Leettlen laM CIO Imstion: YQe CITY OF DE N I ON CITY OF DEN TON IBM CIO Leealon Address 901 a TEXAS 61 901.0 TEXAS ST DALLAS • CSO Term Luse Matter Apr *I m No: Q3e1117 DENTON , TX 70201.4354 DEMON , TX 70014334 1606 LEIJ FREEWAY Assodaled Upplentem Not.: DALLAS , TX su wAry •IpploM" No Amend"b" Not.: Addendum Noe: Customer R4Nrande. quote liner Na.: Q0111390508 P Ien1 Odor w Setlor Curlwo, No type IJadri?ellWa WES No No WlCdgmn 2273634 COMN•TAK 233MH2 PENTIUM II 32MB NOTES 2273634 COMN•TAK 233MH2 PENTIUM 11 32MB NOTES 2273634 COMN•TAK 233MH2 PENTIUM II 32MB NOTES 2273834 COMN•TAK 233MH2 PENTIUM 11 32MB NOTES 2213634 COMN•TAK 233MH2 PENTIUM t; 32MB NOTES The followin Step Payment Information applies to each orthe above 5 units. For payment 1 to 1 the rate fa $349.69 and the monthly rent 11 5872.00. For payment 2 to 12 the rate Is $0 00 and the monthly rent Is $0.00. For payment 13 to 13 the rate Is $949.69 and the monthly rent Is $872 A0. For payment 14 to 24 the rate Is 00 and the monthly rent Is $0400. For payment 25 to 25 the rate Is 343 28 and the monthly rent Is $858 W For payment 25 to 38 the role Is 0.00 and the monthly rent Is $0.00. 2273634 9994-001 001 VENDOR SOURCED PRODUCTSr3VCS The following Step Payment Information oppflos to the above unit. For payment 1 to 1 the rate Is $35512 and the monthly rent Is $841.00. For payment 2 to 12 the rate Is $0.00 and the monthly rent Is $0.00. For payment 13 to 13 the rate Is $355,82 and the monthly rent Is 56/1.00. For payment 14 to 24 the rate Is $0.00 and the monthly rent Is $0.00. For payment 25 to 25 The rate I. $355.83 and the monthly rent Is $841.00. For payment 26 to 36 the role Is 60.00 and The monthly reel II 6000. Supplement Totals The following includes totals for all units on the supplemenl, For payment 1 to 1 the total monthly rent Is $SOPI.00.' For payment 2 to f21Se Iota} monthly rent Is $0.00 For payment 13 to 13 the total monthly rent Is $500100, For payment 14 to 24 the total monthly rent Is $0.00. • For payment 25 to 25 the total monthly rent fs $4921.00. N 0 tits na» man e 0 CERTIFICATE OF ACCEPTANCE Page T of ; Credit Corpdradi Customer Number: 2273634 Name and Address Branch OHlce Address Agreement Number: 0266197 CITY OF DENTON 1605 LBJ FREEWAY Supplement No: D00575712 901 •B TEXAS ST DALLAS TX DENTON TX 76201-4354 Customer Reference: Summary Supplement No: r Location leased'Financed Item Plant Order Contract Serial No. Manufacturer's Serial No. Cuslcmer Type Model or MES No, Description 2273634 COMN TAK 2273634 COMN TAK 233MHZ PENTIUM II 32MB N 2273634 COMN TAK 233MHZ PENTIUM 11 32M3 N 233MHZ PENTIUM II 32MB IN 2273634 COMN TAK 233MHZ PENTIUM It 32MB N 2273634 CCMN TAK f 233MHZ PENTIUM II 32MB N 2273634 9994 001 VENDOR SOURCED PRODUCTS/SVCS THE PUNDERSIGNED EA GREEME T, 0 CKLEASE LESSEE OR CUSTOMER OR OTHER UNDER AGTHE TERM LEASE MASTER RE ENT REFERENCED ABOVE ACAEEMENT. WT11 EITHER IBM C6FDG CORPORATION OR INTERNATIONAL BUSINESS MACHINES CORPORATION (IN EITHER CASE, "IBM' . CUSTOME REPRESENTS AND CERTIFIES THAT THIS IT EMS LISTED ABOVE OR ITEMIZED ON AN ATTACHMENT TO THIS CERTIFICATE C ACCFPTANC£ ("ACCEPTED ITEMS") HAVE BEEN ACCEPTED BY CUSTOMER ON THE ACCEPTANCE DATE INDICATED BELOW AN LABELS, IF SUPPLIED, HAVE BEEN AFFIXED TO EACH ACCEPTED ITIM OF EQUIPMENT. CUSTOMER AUTHORIZES IBM TO PA CUSTOMER's SUPPLIER FOR THE ACCEPTED ITEMS. AMOUNTS DUE UNDER THE AGREEMENT SHALL COMMENCE UPON TH ACCEPTANCE DATE INDICATED BELOW UNLESS OTHERWISE NOTED BY LESSOR ON THE SUPPLEMENT. IF CUSTOMER 19 SUBJECT Tt PROCUREMENT OR APPROPRIATION LAWS OR REGULATIONS, CUSTOMER REPRESENTS AND CERTIFIES THAT IBM's DIRECT PAYMN TO CUSTOMER'S SUPPLIER FOR THE INVOICE AMOUNTS INDICATED ON THIS ClAnFMATE OF ACCEPTANCE WILL BE IN FUL COMPLIANCE WRH ANY AND ALL RELEVANT STATE LAWS AND REGULATIONS OR ANY OTHER LEGAL REOUTAEMEYTS RELATING T. CUSTOMER'S PROCUREMENT OR APPAOPRIATION ACTNITIE9. IN ORDER FOR THIS CERTIFICATE OF ACCEPTANCE TC BE EFFECTIVE, CUSTOMER MUST PAOVIOE IBM WITH SERIAL NUMBERS FO EACH ACCEPTED ITEM OF EQUIPMENT, CUSTOMER AUTHORIZES IBM TO COMPLETE OR UPDATE ANY EQUIPMENT IDENTIFICATIO , INFORMATION ON THE REFERENCED AGREEMENT CA SUPPLEMENT TO THE AGREEMENT FOR ANY ACCEPTED ITEM OF EOUIPMEN WITHOUT FURTHER ACTION OR CONSENT BY CUSTOMER, DELIVERY OF AN EXECUTED COPY OF THIS CERTIFICATE OF ACCEPTANCE BY FACSIMILE OR ANY OTHER RELIABLE MEANS SHALL DEEMED TO BE AS EFFECTIVE FOR ALL PUMP09ES AS DELIVERY OF A MANUALLY EXECUTED COPY, CUSTOMER UNDERSTANDS THA IBM MAY MAINTAIN A COPY OF THIS CERTIFICATE IN ELECTRONIC FORM AND AGREES THAT A COPY PRODUCED FROM SUC ELECTRONIC FOAM ON BY ANY OTHER RELIABLE MEANS (FOR EXAMPLE, PHOTOCOPY, IMAGE OR FACSIMILE) SHALL IN ALL REAPECI' BE CONSIDERED EQUIVALENT TO AN ORIOWAL, f Aresp:eduy CITY OF DEN TON 0 • wionw ttx~ ACCEPTANCE DATE- By: _ { uN at mdVted{ Tkn led Sgntlull N t Type p nm{ .EASE RETURN TO BRANCH OFFICE ADDRESS LISTEDABOVE. to n t+cw ios+n { ll. 4y r 2 F1 32 x P 0 Jr-Z A;tnda NO Agenda Item AGENDA INFORMATION SH£F.T nate~JL=L7= AGENDA U.%TE: November 17, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Irmanx - Purchasing to Alex Pettit 349.8562 AC NI: Kathy DUBosc, 349.8228 , AN ORDINANCE AUTHORIZING 1'HE EXECUTION OF CHANGE ORDER # I TO THE CONTRACT FOR ACQUISITION, LICENSURF. AND MA(NFENANCE, OF COMPUTER, SOFTWARE AND SUPPORTING INFORMATION OF THE CUSTOMER INFORMATION SYSTEM (CIS) BETWEEN T'IIE CITY OF DENTON AND HARRIS COMPUTER CORPORATION; PROVIDING FOR A CHANGE IN HIE CONTRACT AMOUNT; AND PROVIDINO AN EFFECTIVE DATE. (RFSP r 2102 CIS SOFTWARE AWARDED TO HARRIS COMPUTER CORPORATION.( oiANGE ORDER # 1 IN THE AMOUNT OF $;27,194.00). BA('KGRV tCND. On April 21, 1998, Council awarded a contract to Harris Cnmputcr Corporation for a Customer Information System (CIS) in the amount of s3W.150,00, (Ordinance # 98.106). As the city migrates to a client :scree architecture, %c Hill standardize all of our applications on an Informix engine, To nchicve this in the most cost-crrJcnt manner. we have found that to purchase the upgrade ncccssp.), to support al the applications which will be running on Infurmix (Municipal Court, Geographic Information System, and the Harris Customer Information S)Slcnls) is through upgrading the Informix engine through Harris. This upgrade will provide 64 1 hit processing lpwer (as compared to existing 16 bit), greatly enhancing the speed and capabtlitics of the cure database the system will operate on. Included in the changr order amount is a $97,500.00 cred,t for license cost listed as part of the original 5300,150.00. BECOWMENDA9T0N: We recommend change order # I be approved in the amount of s 127,19400 and that the contract be revised to read $427,344 ^0, I ESTIMATED SC'IlEI)VLE OF PJZ.QHM • Phis change order a dk have no crfect on the scheduled July 1, 1999 project completion date. i PRO)inCTIONtRE1'IEW(C'ouncil Boards Commisslans): Original Contracl approved by Council on Apti121. 1998, Ordinance # 98 106 Public Utilil) Board approved the original purchase on January 21, 1998 1 I - 2h 10 32x10 O i . :_rra rv s::r.a :+i. ,,..r -d,dt. -.vn w~n:+..+. r,. ir.r,•y, y,v-vv.w.+»",,....:';',,.-.. . . i r 1 AGENDA INFORMATION SHEET NOVEMBER 17, 1998 PAGE 2OF2 Y FISCAL INFORMATION: Chnng~ Order # I will be funded from Long Range Technology Plan account #460-044-COMP. 9847.9107. CHANGE ORDER INFORMATION: This change order includes an upgrade of the Informix on-line users licenses (150 users), assurance maintenance (140 users), open line maintenance (10 users) and graphical user licenses 1150 users). Also included is a credit of $97,500.00 fur previously purchased user licenses. Respectfully submitted: Name: Tom Shaw, C.P.M., 349.7100 Title: Purchasing Agent Attachment #1: Purchase Order #90821 to Ilams Computer Systems, Inc. Attachment #2: Quotation from l lams Computer Systems iunnntvnn ' t i f ~Y I i v i - 75 x 0 32X Q i 0 r 1 ,y 1 S v PURCHASE ORDER NO: 90021 THIS IS A KKK finis number r isl appear on all CONFIRMING ORDER invoices, d.bvlry hips, cuts, OF MARKEW clnl, bats. plckln9 slips and bills. DO NOT DUPLICATE i Rea Na Bid W Deli 10 29 96 Ppe No. 01 r CIY PURCHASING DIVISION 1 /OP DAN sONf 1~X~SfxAS 76201-4354 01-0 0401349-7100 WFW METRO 8171267-0042 FAX 9401'349-7302 VENDOR HARRIS COMPUTER BYSTEMS, CORP. F, NAME/ 117 CENTREPOINTR DRIVE DELIVERY CONFIRMATION ONLY C11 ADDRESS SUITE 200 ADDRESS INFORMATION SERVICES NEPEAN, ONTARIO X20 5X3 601 E HICKORY DENTONe TX 76205 VENDOR NO. HAR49002 DELIVERY OUOTED 11 30 96 FOB DESTINATION BUYER TS TERMS n rF Aff 001 1.00 EA VENDOR CAT. 4 M / A NFG NAME 27,144.000 1271194.0 CITY 4 91nO UPGRADE TO INFORMIX ON-LIKE (150 USERS). ASSURANCE MAINTENANCE 1140 USERS) OPEN LINE MAINTENANCE (10 USERS) ORAPHICAL USER LICINSIS (ISO USERS) t, P 01 TOTAL 1 127,194.00 f 00 NO TOTAL 1 127,194.00 460 044 COMP 9847 9107 127,194.00 3 flans • Nu )1 u.w.I neneu q,./yvl ~I awl ~1 SW 051to N~L..... 1. Itnd Ifs iMl Mllltl dl A~i11oleo jolt 4. IAiprrlnf In1kYCIiMi' F91 GII.n/fIM MIAMI IMLN .Mh w, M.eiw1 }ede(el r fldr level ler Nuu II un Fidel y 1 1 No Inn, St. In Niter Rued ('`I4TrAIiTyj IH•111rin Q' l , , r( 0 n n uvaorlaae 10713 anr93[btlss FL"Ib OIMPUMR PAGE 031 St. Ad. 434, Suite 1201.348 Altamonte Sppa, FL 32714 Phone 407.532.8426 Fax 407.532.6833 Fwc Tel Alex Penit, Olt IT Feonv Troy 9entke Fun 940.349.6533 Papv 1 PMev 940.349-8595 Olt X 09rMS Rat Informix vKrmde cel (Click live and tyye narnal El Uryent O For Review C Pleeee Commeet Q Please Reply 0 Preue Reeyele I I` Foliowing are the details kr ,he Informix Upgrade; 1 Informix On-Line (150 Users) $168,750 i Assurance Maintenance (140 Users) S 30,240 Open Line Maintenance (10 Users) $ 21790 Graphical User Licenses (130 Users) S 2241 TOTAL 5224,894 CREDIT of Previous Purchase S Q7.500 TOTAL TO UPGRADE $127,194 1 Please feel free to call me should you have any questions. We can also involve an Informix engineer should it be necessary, • • • Thanks " r; 3 Troy 5391 .~~35 +1011„iL'0!"I d'+1 I 4 32x10 U FROM CITY OF DENTON Fax NO,r 19493497302 1e-11-13 e313R 7.93 ORDINANCE NO. AN ORDINANCE AVI'HOR1ZIN0 THE EXECUTION OF CHANGE ORDER N 1 TO THE CONTRACT FOR ACQUISITION, LTCENSURE AND MAINTENANCE OF COMPUTER, SOF'T'WARE AND SUPPORTING INFORMATION OF THE CUSTOMER INFORMATION SYSTEM (CIS) BETWEIN THE CITY OF DEMMN AND HARRIS COMPUTER CORPORATION; PROVIDING FOR A CIIANOE IN THE CONTRACT AMOUNT; AND PROVIDING AN EFFECTfYE DATE, (RFSP N 2102 CIS SOFTWARE AWARDED TO HARRIS COMPUTER CORPORATION-CHANGE ORDER F 1 IN THE AMOUNT OF 5127,191,00). WHEREAS, on 4.21.98, the City awarde3 a contract for RFSP 0 2102 - CUSTOMER INFORMATION SYSTEM (CIS) in the amount of 5300,150 00; and WHIMS, the city m mager having recommended to the Council Rut a clangs order be authoeiud to amend rich egreerncm with mpect to the scope and price and uld change order being In compliant with the requiretneou of Chtpter 252.022 of the Local Government Code exempting this sole source acquiaitiolt hm the competitive bid process; NOW, THF.RF,FORE, I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: S&CTION1, That the ehenge order # 1 incte ling the amount of the purchase agreement between the City and HARRIS COMPUTER CORPORATION copy of which is attached hereto, in the amount of ONE HUNDRED MENTSf SEVEN THOUSAND ONE HUNDRED NINETY FOUR and no/100 Dollon (5127,194.00), Is hereby approved and the expeedihn of Awds thcnfor is hetsby authorized. The contract amount is amended to read $427,344.00, i SECTION 11. That this ordirunce shalt become effective imnmelistely u1 on its passage and approval, PASSED AND APPROVED this the dsy of 1948. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SEC,), ETARY n BY: _ APPROVED AS TO LEGAL FOP~M: HERBERT L. PROU'[Y, CITY ATTOANEY BY. xfyx7102CMAN0E0RD6R.SOEE90 01tDINANCE ' 3 - - xire 32X s , MOWN 0 avat" CMANCt ORDER I CONTRACT RTBVISION CITY OF DEM'OK, TEXAS OWNER ' DISTR VELD TO OWNER 1~f CONTAACTOR J_, J RFSP M 210.~.~...._.. P.O.0 90821 CIiA MI ORDER M 1 PROTECT; nesS14fta Doled: 1f.s7.oA CONTRACTOR RAMA Computer Systeme,Corp. Coetrect Dote: 4.21.98 931 Ss. Road 434 Suite 1201.348 AAftsa l t lines FL ]2114 THIS CHANGE OKOERlRFVIMON MAKES THE FOLLOWiNO LIMNOSS IN 71415 CONTRACT, VpiradetoInfortm )n•Lhw(130Uun)..... ...3168,750 Assurenae Msinttnews (140 Um").............. S 30.m Opert Lim Msinwone1(IO User) ..............................S 2,790 Orephtcel User Ltceeses (150lhers)................................................ 5 22914 Q34(1ofPmlousParctwtttrat Min. LieensuCott .,,•t 97,500 1111 RIGINAL MMACT NET O0"NOL 8S (CO RE 0 SLY AUTHORIZED CHANGE . S $00,10 OR4ERS IiL4CHAN08 ORDER 1HE(COWTRACTSUM)PRIOR TO ThMC ......•I O .S 300,1 S0 THE (CONTRACT SUM) WILL 89 (INCREAUD) BY 1WS CIIANOE ORDER) ..5117,194 THE NEW (CONTRACT SUK INCLVDING THIS CHANGE ORDER WILLBE ...............................................................5427,344 THE CONTRACT 11 ME WILL B6 (INCREASED) BY...... ..,.NO ch"s TRU DATE OF SUIISTAN114L COMPLETION AS OF THE DACE OF TWS CHANGE ORDER THSREFORR IS .............,.July 1,1999 Ilstris Computer Systems Corp, City Of Denton 211 St. Road 474, suite 1 101.396 901.8 Te1t8e Sr. 0 Altars nle priegg, 31714 Dentm TX 7620 ATVIQ SIGNA' X99- ~ o • DA17 DATE CHAN08ORD8R ro a "111 DOC 6 5 10 32 x I O r r LFwaIJa O KaVa Ape,~dd Nu 1-Q.. ~Sl1 P✓ . AGENDA INFORMATION SHEET a6.nda Irem/.. A 7y7 AGENDA DATES November 17, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - PurcAasing to Sharon Mays 349.8487 ACM: Kathy DuBose, 349-8228 ' SUBJECT: AN ORDINANCE OF THE CITY OF DENTON. TE."S AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PAYMENT BY THE CITY OF DEN [UN rOP PLANNED LOSSES ASSOCIATED WITH FLECTRICITY TRANSMISSION TO THOSE UTILIIIES PROVIDING ENERGY TRANSMISSION AS SERVICES TO THE CITY OF DENrON; AND PROVIDING AN EFFECTIVE DATE, (CHECK REQUEST TO TU ELECTRIC DATED 10.29-98 IN THE AMOUNT OF $77,428.19). r' BACKGROUND: Check Request dated 10-29.98; Invoice AESDOO0092 AND ESD0000826 i g (ONI' MENDATION: We recommend this check request be approved in the am:+unt of $77,428.19. MCAL. INF0101A17MbN6 Funds for the payment of these planned losses are included in the 1998-99 budget account number 610.132.1032.5650.8588 ('HECK RFOUEST INFORMATION: This check request is for the payment to TU Electric for planned losses associated with energy transmission from sources at TU Electric to the City of Denton. The amount is a total of the losses for June (S23,070.70), July (532,947,70) and August ($21,409,79), Planned loses cover the cost of electric energy in the transmission process. A calculated amount of electric energy is lost as it is transferred from one place to another. This loss is anticipated and considered in the budget preparation process, • Respectfully submitted: Name,: Tom Shaw, C .P M , 349.710U Title, Purchasing Agent Attachment al: Check Request to TU Nectric Attachment 02: Invoice p USDO000692 0 Ailachment p3: Invoice N ESD0000826 I 134 A(;CV DA 1 , ;s 32X s % ATTAC}IMENT 0 1 CHECK REQUISITION-VOUCHER PAY TO TU ELECTRIC Check 8 R.O. Box 910104 77428.19 Dallas. Tx 75391-01010/29/98 DAT! "I tA. MWOA U ILANATWI ACCT. N0. MST ENV. XMT, ` Planned Losses 610.132.1032-5650.6568 Ilf! Im,olce M ESDOOD0691 June 98 23,070.70 July 96 32,947.70 Ing lcogiED80000029 21,409.79 V r. c- e~ TOTAL 77,420.19 TH[ AeOV[ HAS BEEN AtVItMO ANO AtCOf41LNOATION FOR et LLSNO It MADt IY Tft[ IJNO pIlIONLO - 1 I ACCOUNTING APPROVAL ONATVAS p y", j• CITY MANAGER APPROVAL DIRECTOR OF FINANCS APPROVAL 1 1, v1_ 2 5 !1 v! 1`Na 1x~d 32 X~~~ p aem„seres ATTENTION 2 TU ELECTRIC SERVICE DIVISION INVOICE Or Please Remit To: Please Win To: Page: 1 n, tiectrlc service Division Ouse Bank of 'axes Invoice No: ESD0000692 P,o. Box 913134 Asa s 113000409 Invoice Date: 04124M Dat.US, Ts 193et•0104 TV eleccrle ssmics Division CustorlerNumber: 114300 account s o074111191 Payment Terms Net 30 Due Date: 10124/98 e Customer: AMOUNT DUE: S 56,018,40 DENTON CITY Of ATTN: BILL BUNSELMEYER 001 A TEIUS STREET S DENTON, 7%76201 Amount Remitted For billing questions, Dlcase call 214812.6266 _ LN4 AQI Utmost DwrIP11 a Net At36NM t caws 9139 PtnltwPa:3ens ~ u,ne.le s om.T lots 91.00M couu sf,u9.1e SUBTOTALi ! 4, 0 U.4 0 I TOTAL AMOUNT DUE : u 491.91 f , 10PA7 Drlelnal I 3 ,t c a1 1 rfdlF 1~~ 25)( 32x10 0 i 5 TU ELECTRIC SERVICE DIVISION INVOICE Or Please Retdt To: Please Wire To: Page: I TuAlectrie 14"ia Division Memo Bank of Sews Invoice No: FSD0000826 P.O. eor 910164 AAA a 1000009 Invoke Dew 09130198 DA". :x 75111.0104 1V 110eteta so oleo oivii1on Customer Number: 114300 Areount a CISCIM7e1 Payment Term: Net 30 Due Due: 10130/98 , Custatrer: ?,,MOUNT DUE: S 21,409.79 DENTON CITY OF ATTN: BILL BUNSELMEYE0. gat A TEXAS STREET S _ DENTON. TX 76701 Amount Remit:rd For billing uestl m lean call 214-112-6266 Uta Adt [deadlier Dmdptlm M AW ! 1 &Dwel Me et.kMM taasas u,raf,v SUETOTALt a,uf,7f. TOTAL AMOUNT DUE : f 1 use 7~i r, it ~ • • ICkM] Our!leete Ufa ° y fi't` ? 2-5 x Q 32 x 10 Mow" O Somm ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PAYMENT BY THE CiTY OF DENTON FOR PLANNED LOSSES ASSOCIATED WITH ELECTRICITY TRANSMISSION TO THOSE UTILITIES PROVIDING ENERGY TRANSMISSION AS SERVICES TO THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. (CHECK REQUEST TO TU ELECTRIC DATED 1029.98 IN THE AMOUNT OF $77,428,19). WHEREAS, in order to comply with IegisiatNe requirenicnts contained in the Public Utility Regulatory Act of 1995, for the payment for energy transmission services fees, the City of Denton is required to pay such fees imposcd by the Public Utilities Commission of Texas to the utilities supplying Transmission Services; and WHEREAS, the City Manager has reviewed and recommended that the Council approve the payment of such fees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L That the expenditure of funds in the amount of $ 77,428.19 to be paid to TU Electric in the specified amount shown on invoices, which are attached to and made a part of this ordinance for all purposes, is hereby authoried. SECTION 11. That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of 11998. JACK M1t LER, MAYOR ` ` ? ATTEST: E JENNIFER WALTERS, CITY SECRETARY ~ • P j BY: APPROVED AS TO LEGAL FORM; w IIERBERT L. PROUTY, CITY ATTORNEY s r I ~ ~ • B1. fincxxtvL'isinouroattrrurrxir-0er,ivnNCrt i S 7 10 32XIO 0 ;rte s Agenda ldo . _ . l%- ~..7.. 4"vd] hr,,., AGENDA INFORMATION SHEET Da e r J- AGENDA DATE: November 17, 1998 Questions concerning this acquisition may be direclcO DEPARTMENT: Finance- Purchasing to Jerry Clark 349-8354 ACM: Kathy DuBose, 349-8228 SUBJECT: I AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR THE ANNUAL CONTRACT FOR CONCRETE WORK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE 01TE. (BID # 2281 -ANNUAL CONTRACT FOR CONCRETE NVORK AWARDED TO CALVERT PAVING CORPORATION IN THE ESTIMATED AMOUNT OF $550,000,00), BACKGROUND, Tabulation Sheet RECOMMENDATION: I I We recommend this bid be awarded to the lowest responsible bidder, Calvert Paving ~_ordoration. The annual estimated expenditure is 5550M% FILIMATED SCHEDULE OF PROJECT: This is an annual contract renewable for one additional 12 month period. FISCAL INFORMATION: This contract is made up of numerous concrete related type projects. Each time this } contract is utilized, the appropriate account number will be,itilizrd. DID INF'OR111ATION: This annual contract is for taiscellaneous concrete related activities. It is Intended to determine the contractor to perform small ro medium concrete projects. This annual price 1 agreement avoids the time delay of quoting individual street patches, curb repairs, sidcu alk repairs. driveway repairs, Ilatwork and head wa11s, to list a few. 0 The primary users of this contract are Street Department, WatcrScu cr Field Scn ices and Electric Utility. I 1 1 A r 32X J fUM" 0, r h.:iENDA INFORMATION SHEET NC 'EMBER 17, 1998 PAGE 2 OF 2 I I Respectfully submitted: Name: Tom Shaw, C.P.M., 349-7100 ~r Title: Purchasing Agent rY Attachment 01: Tabulation Sheet k 135 A6EMM I , I v 1 t 1 ~ 0 is 2 ;l 0 Will A ' ansre. O ATTACHMENT # 1 TABULATION SHEET BID 6 2:e+ CALVERT FLOYD BID NAME CONTRACT CONCRETE WORK PAVING SMITH PAGE + OF 4 CORP DATE 2043c1.98 i OTY DESCRIPTION VENDOR VENDOR 2.1115 EA RING AND COVER $206,00 $200.00 3•A SY REMOVE CONCRETE PAVEMENT 516.65 $16.20 3.8 LF REMOVE CONCRETE CURB 3 GUTTER $6.24 $6,00 3-C SY REMOVE CONCRETE ORNEWAY 3 SIDEWf LK $16.89 $16.20 3.3 CY UNCLASSIFIED EXCAVATION $9.36 $9.00 I 3.7 CY COMPACTED FILLIEMBANKMENT 52040 $20.00 3.9 BY SOD $7.60 $7.50 5.7.8 SY 2"AUPHALT PAVE(TYPE D PATCH MATERIAi $16.00 $75.00 5.6•A.1 WCONCRETE PAVEMENT (RADUS, ETC. VNTH FIBERS 4. 9Y 0 TO 53 $0. YDS $31.78 $32.65 b. SY 51 TO 100 SO. YDS $31.36 $32.65 f e. S 101 TO 500 SO. "DS $30.06 $31.60 5.6.8 S" CONCRETE PAVE MENT (RADIUS Jl ETC) % a. SY 0 TO 50 SO. YDS $35.10 $36.45 b. SY 51 TO 100 $0. YDS $35.10 $36.45 ' C. SY 101 TO 500 SO. YIDS $32.40 135,00 5.8-A•2 4"CONCRETE FLATIVORK (COLOREONEMREO) a. SY 0 TO 100 SO. YDS $56.16 $60.75 b. SY 101 8 UP S0. YO! $56.16 $60.75 6 8-A 8"CONCRETE PAVEMENT (RADIUS, ETC) SY 0 TO 50 S0. YOS $30.42 $31.50 b. SY 51 TO 100 60. YDS 130.42 531.50 e, SY 101 TO 500 SO. YOS $29.12 $30,25 Q 5.811.11 CONCRETE PAVEMENT (RADIUS Q Q ETC WITH FIBERS) SY 0 TO 50 SO. YDS $36.04 $37.80 b. SY 51 TO 100 SO. YD9 $36,04 $37.80 e. SY 101 TO S00 50. YDS $3334 $36.35 3 t 0 'AVIV ATTACHMENT k 1 TABULATION SHEET BID S 2261 CALVERT FLOYD BID NAME CONTRACT CONCRETE WORK PAVING SMITH PAGE 2 OF 4 CORP DATE 20-Oct-98 0 CITY DESCRIPTION VENDOR VENDOR 5.2.10C CY ONE SACK CONCRETE BACKFILL $52.00 $49.50 6.7.2•A EA ADJUST MANHOLE AND INLETS $572.00 $550.00 7.4.5.1 LS TYPE A HEADWALLS 15"TO36YPIPE $1,040.00 311050.00 7.41.1 LS TYPE A HEADWALLS 39"7072"!PIPE $2,080.00 $3,150.00 7.4,5.2 LS TYPE B HEADWALLS 15"TO38"IPIPE $1,560.00 $1,150.00 7.4.5.2A LS TYPE B HEADWALLS 39"TO72"!PIPE $3,120.00 $3,250.00 7.4.A•1 EA 4' 10 MANHOLE 0' TO 6'DEPT $1,248.00 $1,3JO.W AI VF EXTRADEPTH $104.00 $100.00 EA 5'X5' JUNCTION BOX 0' TO 6' DEPTH $1 560.00 $1,800.00 VF EXTRA DEPTH $104.00 $19_0.00 7.6A•3 EA CID MANHOLE 0' TO CDEPTH $1 404.00 $1,450.00 7.B.A.31 kEA EXTRA DEPTH $104.00 $100.00 7.8.A4 6' ID MANHOLE O' TO $ DEPTH) $1,612.00 $1,650.00 7.6A-4(l) EXTRA DEPTH 1156.00 $150.00 7.6.A•5 8' INLE ( 0' TO V DEPTH $1,116.00 $1,TS0.00 EXTRA DEPTH $156.00 $150.00 ?A.A•6 EA 10' INLET 0' TO 6' DEPT $2,080.00 $1,850.00 7,6,A46 1 VF EXTRA DEPTH $20P.00 $150,00 T,BA•7 REBUILT INLET(REMOVE AND REPLACE TOP) a. EA 4' INLET $726.00 $700.00 b. EA V INLET $76D.011 $750.00 C. EA S' INLET 1832.00 1800.00 ` d. EA 10' INLET $664,09_ $850.00 * 7.6.A•8 REBUILT EXISTING INLET(SPECIAL) { a EA 4' INLET $1,560,00 11 500.00 b, EA V INLET $1,664.00 $1,600.00 C. _ EA 8' INLET 11,872 D0 $1,800.00 d. FA 10'INLET _ 12,060,00 $2000.00 6,1 LS Barricadoa Warning 91Qna 8 Detours $260.00 635000 J 6 2 LS DOWEL-ON INTEGRAL CURB $814 $6.00 6.2.1 LF DOWEL4N INTEGRAL CURB (WITH FIBERS) 17.18 67.00 4 4( 32 • o n :MP:TiW I ATTACHMENT #I 9 TABULATION SHEET BID N 2261 CALVERT FLOYD " BID NAME CONTRACT CONCRETE NORK PAVING SMITH PAGE 30F4 CORP DATE 20-Oct-98 0 QTY DESCRIPTION VENDOR VENDOR 5.2•A CONCRETECUR13 &GUTTER a. LF 0' TO 250' $ 6.06 $6.35 b. LF 251' TO 1,000 $6.06 $8.35 C, LF 1,1>00 • UP 97.26 $7.60 6.2•A.1 CONCRETE CURB & GUTTER (WET H FIBERS) LF WTO230' $9.00 $6.65 b. LF 251' T01000' $9.00 $6.65 C. LF 1001 • UP $0.22 $5.10 5.2A•2 LF 30" SURMOUNTABLE CURB 510.92 511.33 6.2A•2.1 BY 30"SURMONTABLECURWFIBERS $11.56 WAS 9.3 5"CONCRETE DRIVEWAY BY 0 TO SO S0. YDS $30.42 $31.50 b, BY 61 TO 100 S0. YDS 930.42 931.10 C. BY 101 TO 500 50. YDS $29.12 530.25 5.3.1 6"CONCRETEMRIVEWAY FIBERS s. BY 0 TO 50 SO. YD9 $30.42 $32.65 b. SY 51 T0100 60. YDS 930.42 932.55 e. BY 101 TO 500 SO. YDS $29.12 $31.60 61-A 4" CONCRETE SIDEWALK a. BY 0 TO 50 50. YDS 125.06 $25.60 b. 9Y 51 T0100 $0. YD9 $25.06 126.50 C. BY 101 T01000 SO YDS $26.D0 $27.50 5.3•A.1 4" CONCRETE SIDEWALKIFIBERS a. BY 0 TO SO $0. YDS $29.02 929.70 b. BY 51 T0100 $0. YDS 529,02 1129.10 C. BY 101 TO 1100 $0. Y09 126.91 825.70 5.4 BY CONCRETE MEDIANS $23.40 $21.00 0 6.6 BY CONCRETE STEPS $10.40 $10.50 5.15 BY CONCRETE RIP-RAP AND DRAINAGE FLUMES 530.42 $31,00 5 ~S>M"N;r s ' " 32XI El F. 1. 1 1 ATTACHMENT # 1 TABULATION SHEET BID 1 2281 CALVERT FLOYD , BID NAME CONTRACT CONCRETE WORK PAVING SMITH PAGE 4OF4 CORP DATE 20-Oct-08 • CITY DESCRIPTION VENDOR VENDOR SP-1 LF SAW CUT EXISTING ASPHALT) 111,58 11.50 SP-2 LF SAW CUT EXISTING CONCRETE $3.12 13.00 SP-3 CY STRUCTURAL CONCRETE (CLASS A 6361.00 $383.00 SPi CY CONCRETE FOR LIGHT STANDARD BASES $234.00 5225.00 8P4 EA CONCRETE FOR TRAFFIC CONTROL PULL BCX $312.00 $300.00 SP-7 BY CONCRETE PAD FOR SPAN SHELTERS 635.10 1133.76 SP-8 EA WATER SERVICE ADJUSTMENTS 8260.DG 8250.00 SPA LS MISC SPRINKLER SYSTEM ADJUSTMENTS 1260.00 8250.00 i I i iJ 8 ~.J ; * , 2 li 3 ~ 32 X I O 0 M ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF A PUBLIC WORKS CONTRACT FOR THE ANNUAL CONTRACT FOR CONCRETE , WORK; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID # 2281 -ANNi LTAL CONTRACT FOR CONCRETE WORK AWARDED TO CALVERT PAVING CORPORATION IN THE ESTIMATED AMOUNT OF $550,000.00). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE Iaw 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; N, AV, 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 accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR Ah1OUNT 2281 CALVERT PAVING CORPORATION EXHIBIT "A" SECTION 11. That the vo :plance and approval of the above competitive bids shall not constitute a contract between the City and the person submitticp 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 nd payment bonds, and insurance certificate afler notification of the award of the bid. , SECTION III That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance f %N ith the Notice to Bidders and did Proposals, and documents relating thereto specifying the temts, ~~•yy conditions, plans and specifications, sta,tdards, quantities and specified sums contained therein. 0 ,'W 1 i J;j . 32x10 ~ 1 0, 5 r6' 4 1.. ♦ y d 0 }1 e A• . r i SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public wurks and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and ~ approval PASSED AND APPROVED this the day of ,1998 4 i JACK MILLER, MAYOR i ATTEST: 'ENNIFER WALTERS, CITY SECRETARY f I i APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2261 ANNUAL CONCRETE CONTRACT ORDINANCE , 1 i / ~ tli0 a i •rA 1 r 1 ~ 25 x 32 x ❑ e , %loom JXwwm EXHIBIT "A" CiD 6 2261 FLOYD 810 NAME CONTRACT CONCRETE WORK SMITH PAGE 10F 1 DATE 20.Oot-96 6 CITY DESCRIPTION VENDOR ' 211.5 EA RING AND COVER $200.00 3-A SY REMOVE CONCRETE PAVEMENT $16.20 3-B LF REMOVE CONCRETE CURB 6 GUTTER $6.00 3-C SY REMOVE CONCRETE DRIVEWAY A SIDEWALK 516.20 3.3 CY UNCLASSIFIED EXCAVATION $9.00 3.7 CY COMPACTED FILLIEM13ANKMENT $20.00 3.9 SY SOD $7,50 53.15 SY 2"ASPHALT PAVE(TYPE D PATCH MATERIAL $75.00 5.11A1 S"CONCRETE PAVEMENT (RADIUS, ETC. WITH FIBERS a. SY 0 TO 50 $0. YDS WAS b. SY 51 T0100 $0. YDS $32.55 a 5 101 TO 500 50. YDS 531.60 - I 5.1 B 6- CONCRETE PAVEMENT (RADIUS ETC) a. BY 0 TO 5010. YDS $35.15 b. SY 51 TO 100 $0. YDS $36.15 a SY 101 TO $00 SO, YDS S3510 I 6.1•A-2 /"CONCRETE FLATWORK (COLOREDaUnRED) a. BY 0 TO 100 $0. YDS $60.15 b. SY 101 8 UP SO. YDS 560.75 5.6-A G-CONCRETE PAVEMENT (RADIUS, ETC) a. SY 0 TO 50 $0. YDS 631.50 b. SY Si T0100 SO. YDS $31.50 C. SY 101 TO $00 $0. YOS $30.25 51,13.1 1' CONCRETE PAVEMENT (RADIUS ETC WITH FIBERS) Q a. SY 0 TO 50 SO. YDS $37.60 i b. S? 51 TO 00 30. YOS $37.60 c. $Y 101 TO $00 $0. YDS $3635 9 _i 32 x Q al!'l. :,f E ~ 0 EXHIBIT "A" BID R 2281 - FLOYD 810 NAME CONTRACT CONCRETE WORK SMITH PAGE 2 OF 4 DATE 20-Oct-98 , 0 CITY DESCRIPTION VENDOR 6.2.100 CY ONE SACK CONCRETEBACKFIL'. $49.60 8.7.2-A EA ADJUST MANHOLE AND INLETS $350.00 7.4.6.1 LS TYPE AHEADWALLS 1S"TO36-lPtPE $1,050.00 7.4.5-1 LS TYPE AHEADWALLS39"TO72-/P1PE $3,150.00 7.4.5.2 LS TYPE 8HEADWALLS VT038"1PIPE $1,150.00 7.4.5.2A LS TYPE B HEADWALLS 39"T0T2-IPIPE $3.250.00 7.B.A•1 EA. 4 ID MANHOLE (0' TO 8'OEPTH) 5130000 7.6A•11 VF EXTRA DEPTH $100,00 7.6.A•2 EA S'XS' JUNCTION BOX O' TO B' rIG-TH $1,600.00 7.8.A-2 1 VF EXTRA DEPTH $100A0 7.8.A-3 £A 4'10 MANHOLE O' TO 8'DEPTH $1,450.00 ?.$A-3(11 VF EXTRA DEPTH $100.00 7,8.A4 EA 8'IDMANHOLE O'TO8'DEPTH (1,850,00 7.8.A41 VF EXTRADEPTH (150.00 7.6.A•6 EA 8' INLET 0' TO 8' DEPTH $1,750.00 7.S.A• 1 VF EXTFLO DEPTH $150.00 7.8.A4 EA 10' INLET O' TO O'DEPTH) $1,850.00 I.G.A4011 VF EXTRA DEPTH $150.00 %.B.A-7 REBUILT INLET(REMOVE AND REPLACE TOP) a. EA 4' INLET $700.00 b. EA V INLET $760.00 C. EA INLET $600.03 d. EA 10' INLET $850.00 • 7.8.A4 REBUILT EXISTING INLET(SPECIAL) a. EA 4' INLET $1 x10.00 b. FA V INLET 11,600.00 C. EA 8' INLET $1,800.00 d. EA 10' INLET 12,000.00 . $1 LS Barrie adoa WarnIn Signs S 0*10ura 1350.11,61 8 2 LS DOWEL-ON INTEGRAL CURB 18.00 $21 LF DOWEL-ON INTEGRAL CURB 8TH FIBERS $7.00 10 e 7C I I F EXHIBIT "A" BID 8 2251 FLOYD BID NAME CONTRACT CONCRETE WORK SMITH PAGE 3 OF 4 t•ATE 20-0048 0 QTY DESCRIPnON VENDOR 6.2-A C-INCRM CURB & GUTTER : > , a. LF 0' TO 250' 55.35 b, LF 251' TO 1,000 $5.35 C. LF 1 000 • UP $740 5.2-A.1 CONCRETE CURB & GUTTER r ` (WITH FIBERS) a. LF 0' TO 250' $5.85 b. LF 251' TO 1,000' $5.85 C. LF 1,001 -UP 5510 8.2,A-2 LF 30' SURMOUNTABLE CURB $11.35 &2A-2A SY 3008VRMONTABL' CURB+FIBERS $11.85 813 8'CONCRETE DKIVEWAY a. SY 0 TO 50 SO. YDS 531.50 b. SY 51 TO 100 SO. YDS $31,50 ` t. SY 101 TO 500 SO. YDS $30.25 8.3.1 8'CONCRETFADRIVEWAY FIBERS a. SY 0 TO 50 $0. YDS $32.85 b. SY 51 TO 100 SO. YDS $32.85 e. SY 101 TO 500 SQ. YDS $31.80 8.3•A 4' CONCRETE SIDEWALK a, SY 0 TO 50 $0. YDS $25.80 b. SY 51 TO 100 $Q, Y06 $28.80 e. SY 101 TO 1000 SO YDS _ $27.80 I 8A-A.1 P CONCRETE BIDEWALKIFIBERS a. SY 0 TO SO S0. YDS $25.70 b. SY 51 TO 10A B0. YDS $28.70 c. SY 101 TO S00 S0. Yoe $28.70 8.4 SY CONCRETE MEDIANS 521.00 8.6 SY CONCRETE STEPS $1010 8.15 SY CONCRETE RIP-RAP AND DRAINAGE FLUMES $31.00 1P 11 wxr C 1 1 32 X I D F: 7 i l.J • r ti4ifRf .r • 1 taxi EXHUT "A" BID 0 2211 FLOYD BID NAME CONTRACT CONCRETE WORK SMITH PAGE 4 OF 4 DATE 20-MI45 0 QTY DESCRIPTION NDOR SP-1 LF SAW CUT EXISTINO ASPHAL $1.50 SP-2 LF SAW CUT EXISTING CONCRETE $3.00 SP-3 CY STRUCTURAL CONCRETE CLASS A $3303.00 SP-4 CY CONCRETE FOR LIGHT STANDARD t BASES $220.00 I SP-S EA CONCRETE FOR TRAFFIC CONTROL PULL BOX $300.00 SP•7 SY CONCRETE PAD FOR SPAN SHELTERS $33.75 r' SRS EA WATER SERVICE ADJUSTMENTS $250.00 r SPA LS MISC SPRINXLER SYSTVA ADJUSTMENTS 1250.00 !I f + ~.I r t r i i r ,12 k 2 5 x 0 32 X I s o , Agenda Nv.. AGENDAINFORNIATIONSHEET Agendalter, Oate__fl'11 AGFNDA DATL: November 17, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Financa - Purchasing to Janet Simpson 349-8274 , ACM: Kathy DuBose. 349-8228 r SUBJECT: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC. WORKS CONTRACT FOR NORTH LAKES AND DENIA RECREATION CENTER EXPANSION; PROVIDING FOR THE EXPENDITURE OF FUNDS TIIEREFO'.: AND PROVIDING AN EFFECTWE DATE. (BID # 2287 - NORTH LAKES PSvD DENIA RECREATION CENTER EXPANSION AWARDED TO MCWILLIAMS ENTERPRISES, , INC., 1N THE AMOUNT OF S1,399,400,00). i BACKGROUND: j Tabulation Sheet t RECOMMENDATION: 4Ve recommend this bid be awarded to the lowest reswnsible bidder, McWilliams Enterprises, Inc., in the amount or: Base Bid SL125,000.00 Altc::u:re # 1 Additional sq. footage $ 185,000.00 Alternate A 2 Additional mill work S 7,200,00 Alternate # 3 Synthetic Moor toping S 67,500.00 and two automatic doors Alternate # i No award -0- Alternate # S Clean, prime & point all exposed S 14.700.00 exlenor wall surfaces ` Total Award S1,399,4D0.00 ESTIMATED SCHEDULE OF PROJECT: i The quoted schedule for completion is 200 days from receipt of a purchase order or approximately June 15, 1999. FISCAL NFOWMATION: : This pried is funded from the 1996 Capital Improvemer! Program in the amount of v 51.331.900.00 and S67,°00.00 (Alternate # 3) from 1998-99 0•~ratirg Budget. 461.031-P,ECR•9816.9161 $1,331,900.00 461-071-DONNN-9827-9162 S 67,500.00 1 32 e i r 1 r ..r r i. L. t l A J~_ 'd j•'[:. • '..i . Q :..j it I , % f v { 4 '1} AGENDA INFORMATION SHEET NOVEMBER 17,1998 PAGE 2 OF 2 r r BID INF01L*1AT1ON: This bid is for Po' rxparsion of the North Lakes and Denis Recreation Centers. The project will add 6,000 square feet to rach building including multi purpose rocmLs, spxialty rooms, office space, storage and renovation of existing inkniors as well as those items listed as alternates 41,2,3, Rk S. The bid of Creative 4 as incomplete and considered non-rr.ponsive. f Respectfully submitted: t _ r Name: Trm Shaw, C.P.M., 349.71D0 Title: Purchasing Agent Attachment p1: Tabulation Sheet RJLAGESDA , l f r r r , a r l AdIft 1 I J I tlF 'I 1 ~ , i X ,32 0 0 0 1 TABULATION SHEET 'BIO N 2287 BID NAME NORTHLAKES d DENIA REC CENTER RBR BOYD PACIFi(, CREATIVE TEXAS MCWILLb1MS DBR EXPANSION CC CONST. INC 4 UNIFIED ENTERPRISE CONST CONST DATE 27-0ct-96 9 DESCRIPTION VENDOR VLA'DOR VE'4D0R VENDOR VENDOR VENDOR VENDOR BASE BID $1,195,000.00 S1,412J7 0.00 $1214,000.00 11,153646.00 61400,769.00 $1125000.00 31196260.00 ALTERNATE 61 1133,000.00 $185.000,00 $135,144.00 $13,000.00 3162,000.00 $165,000.00 3183,344,00 ALTERNATE 02 $2,950.00 64,900.00 13,096.00 111,000.00 56,200.00 37,200.00 $8,360.00 v ALTERNATE 93 NB $10,700.00 356,200.00 $85,000.00 $6,500.00 667,500.00 669,454.00y • ALTERNATE 64 $6,000.00 $9,500.00 SWO.00 16,400.00 S2,T00.0i 97,700.00 r ALTERNATE 05 $14,000.00 121,100.00 121,194.00 $10,600.00 $14,700.00 $14,060.00 BONO YES YES YES YES YES YES YES ADDENDUM 6 2 2 2 2 2 2 2 DELIVERY 240 CAYS 365 DAYS 160 DAYS 240 DAYS 365 DAYS 200 DAYS 270 DAYS JL 'n id1 Y„ 25 K I0 32x!0 MU JIM e dam" WORM ORDINANCE NO. AN ORDINANCE ACCEPTING COMPE'i iTIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR NORTH LAKES AND DEN1A RECREATION CENTER EXPANSION; , PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE, (BID 4 2287 - NORTH LAKES AND DENIA RECREATION CENTER EXPANSION AWARDED TO MCWILLIA.MS ENTERPRISES, INC., IN THE AMOLNT OF S 1,399,400.00). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employcc 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 1. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in tic Office of the City's Purchlsing Agent tiled according to the bid number assigm d hereto, are hereby accepted and approved as being the lowest responsible bids; If BD f NUMBER CONTRACTOR AhIO JNi 2287 MCWILLIAAIS ENTERPRISES, INC, $1,399,400.00 SECTION 11 That tae acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction if such l,ublic works or improvements herein accepted and approved, until such person shall comply with all requirements specified in thr Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after A notification of the award of the bid. SECTION Ill. That the City Manager is hereby authcri" to execute all necessary written contracts for the performance of the construction, of the public works or improvements in accordance vith the bids accepted and approved herein, provided that such c•mtracts are made in accordance w ith the Notice to Bidders and Bid Proposals, and docume,!s,: sting thereto specifying the terms, • conditions, plans and specifications, standards, quantities and specifiea sums contained therein. p 4 I ,y;w., y fi 10 32 x i [J v O M ti i SECTION IV. That upon acceptance and approval of the above competitive bids and the eKecution of contracts for the pabl;, works and improvements as authorized herein, the City Coun..il hrreby authorizes the expenditure of 8:nds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant tnereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ,1998 i , JACK MILLER, MAYOR I { ATTFST: I JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORYZY BY: 2281 N LAKE&DENIA CONMACTUAL ORDINANCE 5 32X 25'n00 C i AgtedaNa._.. Agenda Hens j Gate-1i = 77- 7 , AGENDA INFORMATION SHEET AGENDA DATE-. November 17, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Howard Martin 349.7194 ACM: Kathy Dubose, 34v-822°v SUBJECT: AN ORDINANCE OF THc CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE 1999 QUARTERLY PAYMENTS BY THE CITY OF DENTON FOR A SOLID WASTE PERMIT FEE CALCULATED AT 3.5 % OF RHtUc~ E COLLECTION FEES TO THE TEXAS NATURAL RESOURCE CONSFRVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE, (PURCHASE ORDER # 90910 TO TEXAS NATURAL RESOURCE CONSERVATION COMMISSION (TNRCC) IN THE AMOUNT OF $130,000.00). IIACUROUND: A 3.50,o additional charge is applied to our refuse collection rates lu offset this fee payment to the TNRCC. The amount is calculated by a formula based upon the number of tons of solid waste received in our landfill durii,a the specific quarterly time period. F,SSTUNJAfED SCHEDULE OF PROJECT: Purchaser order # 90910 to the TNRCC is for the estimated annual payments of t,: 1998/99 TNRCC Solid Waste Fees. Actual payments will be made from invoices to be received on a quarterly basis. PRIOR ACTIONISEViEW (Council. Boards. Commissionsl: • The estimated quarterly payments were approved by the Public Utility Bo tied on November 2, 1998, in the total amount was $130,000,00. FISCAL INFORMATION • • • ~ Funds are av..ilable from account # 630-024-0803-8982 1 C 32X v • aa~w~ I'I wow" AGENDA INFORMATION SHEET NOVEMBER 17, 1998 PAGE 2 OF 2 PURCHASE ORDER INFORMATION We recommend purchase order 9 90910 to the TNRCC be approved in the amount of 5130,000,00. Respectfully submitted: Name; Tom Shaw, C.P.M„ 3497100 Title: Purchasing Agent Att ichmeni k1: Purchase Order # 90910 to TNRCC for $130A.0.00 I II.AGENDA DOC r A ' I 2 , I r. + A 0 P I s r THIS IS PURCHASE ORDER N0, 90910 Tnrs number mbsl appsr on all CONFIRMING ORDER invo.cas, de4.sty Vps. cases, . (IF MARKED) tins A boxes, packing slips and bills DO NOT DUPLICATE I } Rea No. Bid Na. Date: 10 26 98 papa No 01 TEXAS PURCHASINC DIVISSPON 1 9001E TTEEXXAS SON( , DEEN OR TEXAS 76101-4384 9401?49-7100 D/FW METRO 817!267-0042 FAX 9401349-7302 VENDOR T. N. R. C. C. NAME/ P.O. BOX 13089 DELIVERY CENTRAL RECEIVING 823 ADDRESS ADDRESS SOLID WASTE DEPARTMENT AUSTIN TX 78711-3089 901 S TEXAS ST DENTON, TX 76201 VENDOR N0. TNR49000 DELIVERY QUOTED 11 17 98 FOB DESTINATION 8mR DH TFRMS Orl 130000.00 68 VENCOR CAT. 1 N / A Nt0 NAME 1.000 1300000.0 CITY 1 8900 SOLID WASTE FEB FOR 1ST, 2ND, 31RD, 4TH QUARTERS t I ~ ( I I y , I P 08 TOTAL t 130,00040( u s . 610 024 0003 8982 130.000.00 GRIND TOTAL 130,000.0( t t •e V1ll)rt INSIRUCTIONS: 3. Ifims kill 30 s.s.re ,ew.n, ,e.m4' I 1 1 send sAlinal msarts wide lulibsde espy 1 Sbgyml anl,etbMe 101 Delbrutin, pehl s4...4 mwau 4...s.41 7 ndl q Actaunil Fgsbla 4 he federal n sl,le aal,l In shell Is nskelel _ IIS r ,n 7hcal 11114 n 4, 4, -Tit us qvT1i rI E, 111110U 111141y Ss ' r pv X 10 ~1 32 --pomp r , eenan' 0 b f ,NMM I i ORDINANCE NO. i AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE 1999 QUARTERLY PAYME?ITS BY THE CITY OF DENTON FOR A SOLID WASTE PERMIT FEE CALCULATED AT 3.5 °1o OF REFUSE COLLECTION FEES TO THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER k 90910 TO TEXAS NATURAL RESOURCE CONSERVATION COMMISSION (TNRCC) IN THE AMOUNT OF $130,000.00). WH,-sREAS, in order to comply with the contract commitment to Texas Natural Resource Conservation Commission (TNRCC), the City of Denton is required to pay Solid Waste Permit Fee; j and WHEREAS, the City Manager has r,-viewed and recommended that the Council approve and j authorize the payment of such fees; NOW, THEREFORE, i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the expenditure of funds in the amount of $130,0P0,00 to be paid to i Texas Natural Resource Conservation Commission (TNRCC), is hereby authorized. SECTION IL That this ordinance shall become effective immediately upon its passage and approval. I PASSED AND APPROVED this the day of _ 1998. I , JACK MILLER, MAYOR ATTEST: )ENNiFER WALT ERS, CITY SECRETARY , APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CiTY ATTORNEY BY: • F,7:n. I D W NSTL F U-Pk" MW MDOW4E ' I q .-a,d 25 U 32 x 10 0 r. Agenda Nr, ZQ._-OT AGENDA INFORNIAT[ON SHEET sgoida 11Fm 9.__. /1e7_?f8 AGENDA DATE: November 17, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Sharon Mays 349- 8481 ACMt Kathy DuHose, 349.8228 SUBJECT: AN ORDINANCE. AUTHORIZING THE C['rY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT W[TH LOUIS BERGER & ASSOCIATES, INC. FOR SERVICES RELATING TO THE VALUATION OF ELECTRIC TRANSMISSION AND DISTRIBUTION SYSTEM; AUTHORIZING THE EXPENDITURES OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (RFSP ti1286•VALUAT[ON OF ELECTRIC TRANSMISSION & DISTRIBUTION SYSTEM AWARDED TO LOUIS BERGER & t ASSOCIATES, INC. IN THE AMOUNT OF $85,000.00). PACK RD Denton Municipal Electric has request proposals be solicited to determine the value of the electric system including, but not limited to, the Uistribitioo, Transmission and Fiber Optic System and the value of their services provided to the City of Denton. It will provide information for strategic planning and in responding to offers to purchase the distribuion system. 1 Four qualified respondents replied to our proposal request. { RCC03IMENDATION: We recommend this contract for services be awarded to the most qualified respondent, Louis Berger and Associates, Inc., in the negotiated amount of $85,000.00. ESTIMATED SCHEDUIE OF PROJECT; Start Date: Upon execution of contract Completion: Eight (S) weeks following start date or approximately the last week of January 1994. rR_= ACTLONJRE%jEW (Councl'. Boards, Commissions): Public Utility Board recommended approval on November 2, 1998. I x~a 25 x 10 32 M. r O I ~ 1 I ,t t n r r r , 111 V r / 1 r r r , ~ r ( 3 r...r ter. 1 ' l C AGENDA INFORMATION cuEET t NOVEMBER 17, 199° PAGE 2 OF 2 I r FISCAL. I NFORNIATIONt •`i Funds for this professional services contract are available in 1998.99 budget account 11610.105- 1051.9300-8502. RFSP INFORMATION: This contract is for the firm of Louis Berger and Associates, Inc. to do a valuation of the Electric Transmission and Distribution system using traditional valuation techniques, a valuation of benefits resulting from electric utilities operation and qualification and discussion of other factors 1 that could increase or decrease the value of the system. r , rp x I, Respectfully submitted: T 1 Name: Tom Shaw, C.P,M„ 349-7100 Title: Purchasing Agent r Attachment #1: List of Respondents 1139 AGENDA , r F I' L r 'd 4 d +1 f 11 II 1 ~0 I I t • P pY 1 I A~ 2 P, .I 1 / t Ili,. I ~ ` 1 r r SWUM 1 I + r 1 ~ r ~ J I i r i a I LIST OF RESPONDENTS Heydon & Associates 3 Yr R.W. Beck Louls Berger & Assoc. n` r Burns & bicDonne:] t h i 1 S % ~I ~j I J I j1~ ~ a 1 Y I rr r 1' ~f T I r I r V n' r` S M r I r x~,dl Sai 32X • a. i 0 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH LOUIS BERGER & ASSOCIATES, INC. FOR SERVICES RELATING TO THE VALUATION OF ELECTRIC TRANSMISSION AND DISTRIBUTION SYSTEM' AUTHORIZING THE EXPENDITURES OF FUNDS THEREFOR: AND PROVIDING AN EIFFECTIVE DATE. (RFSP #2286-VALUATION OF ELECTRIC TRANSMISSION & DISTRIBUTION SYSTEM AN1 r LINED TO LOUIS BERGER & j' ASSOCIATES, IN%-. IN THE AMOUNT OF S85,0W.00). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTIQ f~: That the City Manager is hereby authorized to execute a Profassional Services Agreement with Louis Berger & Associates, Inc. for service relating to the Valuation of Vectric Transmission and Distribution System, a copy of which Agreement is attached hereto and incorporated herein by reference, SECTION 11: That the expenditure of fume as provided in the attached agreement is hereby authorized. SECTION III: That this ordinance shall become effective immediately upon it! ~ passage and approval. PASSED AND APPROVED this the day of _ , 1998. JACK MILLER, MAYOR ATTEST: JEMNIFER WALTERS, CITY SECRETIAY BY: Y APPROVED AS TO LEGAL FORM: HERBERT L. PFAUTY, CITY ATTORNEY l BY: RFNP 2266• PRLrESSI0NAI. SLR%'I('LSAGRLLMFNTORDIVAV('E f a r ; 4 , i 32 X IRA 115 ARM ARUIL-X~XRLILLANUIILMAMLJ~ 1111111AARAR1111 r s , e AGENDA INFORMATION SHEET AGENDA DATE: N avember p, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Paulette Owens-Holmes 349-8340 Kathy DuBose, 349.8228 l' SUBJECT: AN ORDINANCE AUTHORIZi140 THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH WORKER'S ASSISTANCE PROGRAM, f INC. (WAP) F-OR AN EMPLOYEE ASSISTANCE PROGRAM (EAP); AUTHORU.ING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE PATE. (RFSPN 2277-EMPLOYEE ASSISTANCL PROGRAM AWARDED TO WORKER'S ASSISTANCE PR.C' F AM, INC. IN THE ESTIMATED AMOUNT OF $15.7100). BACKGROUND: The Employee Assistance Program is a new benefit fo. City employees. It was presented to Council during the budget process and approved as a benefit enhancemcn . Four qualified service providers responded to our request for proposals. We recommend this contract be awarded to the most qualified respondent Workers Assistance Program, Inc.. in the amount of $17.04 per employee annualized tc $15,710.88 based upon 922 regular full time employees ESTIMATED SCHEDULE OF PROJECT: r, We intend for this bencAt to be in place January I, 1999 and to remain in effort through j December, 1999. I FISCAL INFORMATION: This benefit will be funded fain the Iluman Resources Division, Employee Benelits budget account nurnbcr 801-003-000S.8847. 1 ( t c 25 x 10 ` 32X 0 Man s I, s..>b. to AGE14DA INFORMATION SHEET NOVEMBER 17, 1998 PAGE20F2 PROPOSAL INPORNIATION: This proposal in to furnish an employee assistance program for City employees. The Employee Assistcnce Program will provide services to City employees, their spouses, dependents and retirees. The program will (1) assist participants with challenges which may affect job performance, work behavior and relationships with co-workers, supervisors and others, and (2) educate employees and supervisors on the dangers of substance abuse. The contracted company will provide the City all consulting, technical, aC ninistrative, training and education, short-term counseling, intake and referral services and a 24-hour helpline and teen helpline, including TDD services for the hearing impaired, required to implement and serice the City of Denton's EAP, All services under the contract are. provided at no cost to participants. t Respectfully submitted: J+ Name: Tom Shaw, C.P.M., 349.7100 Title: Purchasing Agent Attachment gl; List of Respondents 1133 AUSDA r t a ^ 1 f 1 ` .i r4 ) J( 10 npRI v i ATTACHMENT # 1 LIST OF RESPONDENTS Menninger Care Systems UNUM r Workers Assistance Program, Inc. RealiStar Employee Benefits i I 3 :P ~tiR zS X 10 32x~q Q 's l h ORDINANCE NO, AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES hGItEEMENT WITH WORKER'S ASSISTANCE PROGRAM, INC. (WAP) FOR AN EMPLOYEE ASSISTANCE PROGRAM (EAP); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (RFSPft 2277-EMPLOYEE ASSISTANCE PROGRAM AWARDED TO WORKER'S ASSISTANCE PROGRAM, INC. IN THE ESTIMATED AMOUNT OF $15,710.88), THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION 1: That the City Manager is hereby authorized to execute a Professional Services Agreement with Worker's Assistance Program, Inc. for the j Employee Assistance Program, a copy of which Agreement is attached hereto and - JI incorporated herein by reference, SECTION II: That the expenditure of funds as provided in the attached agreement is hereby authorized. SECTION III: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the -day or--- .1998. JACK MILLER, MAYOR ATTEST: iENNIFER WALTERS, CITY SECRETARY n, BY; APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY M1, . RISP 2277 PRO[ ISSIONAL SLRS'ICES A(iRILSIrNT ORD(NAN("F 0 5 : 4 , ~ 0 do, 00 .4 , 1 Q I I ' I EXHIBIT "A" , PROFESSIONAL SERVICES AGREEMENT FOR EMPLOYEE ASSISTANCE PROGRAM PLAN STATE OF TEXAS § COUNTY OF DENTON THIS AGREEMENT is made and entered into as of the day of , 19`, by and between the City of Denton, A Texas Municipal Corporation, with its principal office at 215 E. McKinney Street, Denton, Denton County, Texas 76201, (hereinafter sometimes referred to as "CITY") and Workers Assistance Program, Inc. located at 2525 Wallingwood Drive, Bldg. S, Austin, Texas 78746, hereinafter called the ("COMPANY') acting herein, by and through their duly authorized representative. NVITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE I EMPLOYMENT The CITY hereby comracts with COMPANY, as an independent contractor, -rd the COMPANY j hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest standards customarily obtained for such service in the State of Texas. The COMPANY is to provide an Employee Assistance Program (EAP) for the City of Denton eligible participants to provide counseling on personal matters affecting their physical and emotional well being. ARTICLE 11 SCOPE OF SERVICES The COMPANY shall perform the following services in a professional manner: A ' A. To perform all those services set forth in COMPANY'S response to City's Request for Sealed Proposal (RFSP) attached hereto and made a part hereof as Exhibit "A" as if written word for word herein, " B To perform all those minimum requirement service) set forth in CITY RFSP for Employee Assistance Program attached hereto and made a part hereuf as Exhibit "B" as O • if written word for word herein. C. If there is any conflict between the terms of this agreement and the exhibits attached to this agreement the terms and conditions of this agreement will control over the terms and conditions of the attached exhibits. 5 1K ~Q 32x10 , R ' r I ARTICLE III PERIOD OF SERVICE , This Agreement shall be from to (the "Initial Term"). The agreement is renewable each year by agreement of the parties for up to three additional years by giving written notice at lease 30 days prior to the expiration of the term. This Agreement may be terminated by either patty pursuant to Article VIIL. ARTICLE IV COMPENSATION BILLING AND PAYMENT; For and ir, consideration of the professional services to be performed by the COMPANY herein, the CITY agrees to pay, based on the cost estimate detail as set forth in Exhibit "C", which is attached hereto and incorporated herewith by reference. Nothing contained in this article shall require the CITY to pay for any work which is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement, The CITY shall not be required to make any payments to the COMPANY when the COMPANY is in default under this Agreement. It is specifically understood and agreed that the COMPANY shall not be authorized to undettakb any work pursuant to this Agreement which would require additional payments by the CITY for any charge, expense, or reimbursement above the fee as stated, without first having obtained written authorization from the CITY. j ARTICLE V INDEPENDENT CONTRACTOR The COMPANY shall provide services to CITY as an independent contractor, not as an employee of the City. COMPANY shall not have or claim any right arising from empluyee status. ARTICLE VI ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agrce to settle any dispute under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation, No arbitration or alternate dispute resolution arising out of or relating to, this agreement involving one party's disagreement may include the other party to the disagreement without the other's approval. ARTICLE VII RESPONSIBILITY FOR CLAIMS AND LIABILITIES 0 Approval by the CITY shall not constitute nor be deemed a release of the responsibility and liability of the COMPANY, its employees, associates, agents, subcontractors and subconsullants for the competency of their work; nor shall such approval be deemed to be art assumption of such 6 t w'Iaai11 4 ! 2 5 x I l.J G x f.J p w.rawa responsibility by the City for any work by the COMPANY, its employees, subcontractors, agents and consultants. ARTICLE VIII TERMINANTION A. Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other parry. B. This Agreement may be terminated in whole or in pan in the event of either party substantially failing to fulfill its obligations underthis Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified { mail, return receipt requested) of intent to terminate and setting forth the reasons specifying the non-performance, and not less than thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating party prior to the 1 termination. C. If this agreement is terminated prior to completion of the term of this contract , the COMPANY shall immediately cease all services and shall render a final bill for services within thirty (30) days after the date of termination. The City shall pay the COMPANY' FOR services properly rendered and satisfactorily performed and for reimbursable expenses incurred prior to the date of termination, in accordance with Article IV "Compensation.". The COMPANY shall turn over all documents prepared or furnished by COMPANY pursuant to this Agreement to the CITY on or before the date of termination, but may maintain copies of such documents for its use, ARTICLE IX NOTICES All notices, communications, and reports required or permitted corder this Agreemer, shall be personally delivered or mailed to the respective parties by depositing same in the United States mail at the address shown below, certified mail, retum receipt requested unless otherwise specified herein. Mailed notices shall be deemed communicated after three days from date of mailing. TO, ?"MPANY: TO CITY, WAP CITY OF DENTON Attn: Rick Dielman Attn: Mike Jez 2525 Wallingwood Drive, Bldg. 5 Title: City Manager Austin, Texas 78746 215 E. McKlrtney Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given or within three days of mailing. 7 M~ a 2r x ~Cl 32X10 A MPF 1- 1 -1-1-1 e 0 w ft" ARTICLE X INDEMNITY AGREEMENT , The COMPANY shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses and expenses, including but not limited to court costs and reasonable attorney fees incuffed by the CITY, and including without limitations damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the COMPNAY or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a parry ! to this Agreement and nothing herein shall waive any of the party's defenses, both at law or { equity, to any claim, cause of action or litigation filed by anyone not a party to this Agreement, including tl:e defense of governmental immunity, which defense s are hereby expressly reserved. ARTICLE XI INSURANCE During the performance of the Services under this Agreement, the COMPANY shall maintain the following insurance with a company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rate Carriers of at least an A• or above. A. Comprehensive General Liability Insurance with bodily injury limits of not less than $1,000,000.00 for each occurrence and not less than $1,000,000,00 in the aggregate, and with property damage limits of not less than $200,000.00 for each occurrence and not less than $200,000,00 in the aggregate. B. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than S500,000.00 for each accident. C. professional Liability insurance of at lease three million dollars ($3,000,000.00) ! aggregate coverage and at least one million dollars (S 1,000,000,00) incidental coverage, I • D. The COMPANY shall furnish insurance certificates or insurance policies at the CITY's request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on all such policies, and shall contain a provision that such insurance shall not bo canceled or modi red without thirty (30) days' prior written notice to CITY and COMPANY. In such event, the COMPANY shall, prior to the effective date of the ! change or cancellation, serve substitute policies furnishing the same coverage. • o • ARTICLE XII ENTIRE AGREEMENT ' This Agreement consisting of pages and three (3) exhibits constitutes the complete and exclusive statement of the terms of their agreements and supercedes all prior e ;'7 01 32 X I ❑ 0 -aarnf Q , 1 n aavuw~ contemporaneous offers, promises, representations, negotiations, discussions, communications and agreements which may have been made in connection with the subject matter hereof. , ARTICL . XIII SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the party shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE XIY COAIPLIANCE WITH LAWS The COMPANY shall comply with all federal, state, local laws, rues, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE n' DISCRIMINATION PROHIBITED In performing the services required hereunder, the COMPANY shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE XVI PERSONNEL A. The COMPANY represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have an contractual relations with the city, COMPANY shall inform the CITY of any conflict of Interest or potential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by the COMPANY or under its ! supervision. All personnel engaged in work shall be qualified and shall be authorized and permitted under state and local laws to perform such services. i0 9 " 40 x t~ 32X =A& MAR Owl& =9L1L~MMLM-=-qLWN 01 1 jpabm ARTICLE XVII ASSIGNABILITY The COMPANY shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the CITY except the company may assign this agreement to an affiliate without the consent of the CITY. ARTICLE. ll MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless committed to writing and duly executed by the party to be charged therewith and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement. or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed; and, the parties further agree that the provisions of this section will not be waived uidess as herein set forth. ARTIGLELM { MISCELLANEOUS b A. The following exhibits are attached to and made a part of this Agreement: I. Exhibit "A" Response to City RFP, 2. Exhibit "B" City's Request for Proposal 7. Exhibit "C" Cost Schedule S. Venue of an., suit or cause of action under this Agreement shall lie exclusively in Denton I County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. 1 C. The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive teens or conditions of this Agreement. 1 + IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager and COMPANY has executed this Agreement through its duly authorized undersigned officer on this the day of .19-- CITY OF DENTON, TEXAS MICHAEL W. JEZ 1 CITY MANAGER 10 0 t i i I ATTEST: r n NMFER WALTERS, CITY SECRETARY ' I I By: APPROVED AS TO LEGAL F0%.% HERBERT L. P,ROUTY, C TN A; r JRNEY By:~ a' i WC*a'a It I i Name: I L WITNESS: C:Waca\klepaplan.Jc { f 11 gyn...+~~ 25 x ❑ 32 x ❑ M 1 0 PART III -COST WAP, Inc. Will provide the EAP servkes listed in ft proposal for *S17A4 per employee per year (1.5 sessions). This includes all the program support services above and up to five face to face counseling sessions per participant per contract year. •526.04 per employee per year (I.5 sessions), this includes all the program support services above, sp to five face to ha counseling sessions per participant per contract year, and the addition of managed care services wherein the E.1P serves as gate-keeper for all mental health benefits. Enhanced services can be provided for an additional amount: eComprehensive Child Cue: $3.00 per employee per year aComprehersive Elder Care: $3.00 per employee per year •LawPhone: SZ40 per employee per year These rates are guaranteed not to increase 25% over ll. WA:, inc. has never increased the cost of an existing f Contract. WAP, Inc. will not incur any additional costs which In turn would be passed art to the City for the operation as the EAP provider, If WAP, Inc. has performed in a manner satisfactory to the City of Denton, the City Manager or his designated representative may extend the contract by one-year periods for up to three (3) additional years beginning at the conduston of the initial one-year contract by signing of an extension agreement. Either party may terminate this contract with a ninety (90) day written notice to the other party prior to the termination date. Customer satisfaction, so is the case with all WAP, Inc. contracts, will ultimately determine the length of the relationship. Thank you for the opportunity to present this proposal ~ i F { ly . . dJ I i • '1 r~ ~r A i11 coy of Dentoe 12 a' i ( i 14 Y1 ~ 7..5K~❑ <132x 0 ' 4q~nda Ilan . L't__ 1 AGENDA INFORMATION SHEET 4ate ___~1=~Tt3 AGENDA DATE: November 17, 1998 Questions concerning this j acquisition may be directed DEPARTMENT: Finance - Purchasing to Alex Pettit 349.8562 AC6I: Kathy DUBose, 349.8228 i SUBJECT: AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR ?URCHASE OF MATERIALS, SUPPLIES AND SERVICES VOR THE PURPOSE OF MAINTAINING A KODAK IS 70 NCEA COLOR COPIER WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDV:CE WITH THE Fw.OVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENT " OF COMPETITIVE BIDS; AND PROVIDING AN EFFEC"I'IVh DATE. (PURCHASE ORDi.R M 90834 TO DANKA IN THE AMOUNT OF S26 760.00 PER YEAR; TOTAL AWARD $80,280.00). BACKGROUNDt This purchase order is for the first or a 3 year annual maintenance and estimated usage charge for a Kodak IS 70 NCEA color copiedprintcr utilized by the Administrative Service Division. RECOMMENDATION; ' We recommend purchase order a 90834 be approved to DANKA in the amount of 526,760.00 for year a I of a three year agreement. ESTIMATED SCHEDULE OF PROJECT: The unit this maintenance service will apply to is scheduled for delivery in December, 1998 and will continue in effect for one year. FISCAL INFOP-%IATION: The Administration Services Division is purchasing the Kodak IS 70 copierlprinter from Long Range Technology Plan funds. The Inventory Working Capital Warehouse fund will pay for the maintenance c, id click charge and recover the cost by billing each user a fixed ropy cost fee. A I" RCIIASE ORDER I,NFOR.%jATION: i 'this purchase order is a sole source acquisition and is only available from DANKA. As a sole source, it is exempt from the bid process, Ilic purchase order includes all setup, adjustments, service. sollaare support, replacement pans and labor to keep the unit in proper operating condition. In addition, the purchase order includes the price of s.0079 per click (copy) estimated to be 200.000 per month for a total monthly charge 0 of 52.230.00 for 36 months. Total agreement is SFJ,280.00. r „ 25 x I 3)x1[1 I i+ftsl r 't 0 r. 11 W AGENDA INFORMATION SHEET NOVEMBER 17, 1998 PAGE 2 OF 2 ` Respectfully submitted: Name: Tom Shaw, C, P.M., 349.7 100 Title: Purchasing Agent y✓ ,,r r Attachment #1: Purchase Order p 90834 to DANKA ` Attachment 02: Quote from DANKA t t/1 AGENDA ` I .1 J t i i 'I r 1 2 i arereae O , PURCHASE ORDER NO: 90834 THIS IS A CONFIRMING CROER This number must eppeY on All in.oces, delivery slips, cases. OF MARO clns, born packing &lips " bollt . DO NOT DUPLICATE Rea Na. Bid No: Dett 11-S-98 Pepe No. Y - PURCRASING DIVISttON 1901 a DENTONf T~X~SEXAS 76201-4354 S17083-71ud O&W METRO 8171267-0042 FAA 6171383-7302 VENDOR • NAME/ DANKE DELIVERY CENTRAL STORES S16 ADDRESS 2707 AIRPORT FREEWAY ADDRESS 9018 TEXAS ST °T. WORTH, TX 76111 DENTON, TX 76201 VENDOR NO, DAN49200 DELIVERY OUOTED 11-17-98 FOB DESTINATION BUYER TS TERMS L WANT TV 77 001 12 MO VENDOR CAT. I N / A MFG NAME 2,230.00 26,760.00 CITY 1 8700 MAINTENANCE ON KODAK IS 70 NCEA (DECEMBER 1, 1998 - NOVEMBER 30, 1999) MO. FIXED - 4650 AND ESTIMATED 200,000 CLICKS A MONTH AT .0079 PER CLICKS $1,560.00 • PAGE "OTALi 26,760.00 W GRAND 'OTALt 26,700.00 710 043 0582 8567 26,760.00 YINbOR INSTRUCTIONS 1 3. terms • Net 30 1"'"' x'^~.n 1. Serve ehOrtNl mllitf frAh lu►IrtNe C/ey. 4 Sh,7;nj instruction!. R 60 ofYmeh Lt RrfRFI tar.., ..u,n, xuA.a1 I Odl to Atuumf 1rya6lf S Na Aerd of stile wet tat twl sr arl'AA I IS i MubnSt in axes Ydle4 rrc .fs rNvislirwri Ilemmm. TM 411001 , ~ MrLim 2'S • ~ 32 X I O Ism= n ry' • loan= o owwatm ATTAC1QiE1iT, e 2 City of Denton Price Quotation IS70 Kodak IS7oNCEA Series II Copler•Pdnter List Price - 1S7oNCEA Series II S99,110000 List Price - AeeentColor Toning Station $1.000.00 List Price - AccenlColor Toning Station $1,000,00 List Price - AeeentCoior Toning Station $1.000.00 LESS; Sale Discount $10.025.00 Total Discounts ($10,025.00) r' PLUS: 20 Hours of System Engineer Support $2.600.00 Total Additions 52,600,00 Total Pace $95.075.00 D 3690 3 Yr Performance Plus EMA(PIP-0031.48) Monthly Minimum - tS70NCEA Series II $850.00 Image Charge -Molar J(e600Ges1imaledirnages)*City of Denton Estimated Each Image a 0.0070 200,000 per mo -961 ~S1,SBC.JC' Image Charge - Mater K (0 estimated images) Each Image 0 0.0079 ---040 Estimated Supplies -#49$99 Total EMA a Supplies ---ftj§~Jf *$2,230,J[ 1 Free Installation (Value of $0.00) Free Installation (Value of $0.00) Free Installation (Value of $0,00) Free Installation (Value of $0.00) Slate of Texas General Services Comm$siou Contract Information: Class 4821Item 40, Kodak 17ONCEA plus accessories Prices quoted are valid until Oecember 10th, 1S98.Prius DO NOT INCLUDE any applicable taxes. • City of Denton 4. 25.10 32 X I II A + . o y ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR , PURCHASE OF MATERIALS, SUPPLIT 3 AND SERVICES FOR THE PURPOSE OF MAINTAINING A KODAK 1S 70 NCEA COLOR COPIER WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE, (PURCHASE ORDER 0 90834 TO DAN" IN THE AMOUNT OF $26,760.00 PER YEAR; TOTAL AWARD $60,280.00). WHEREAS, Section 252.022 of the Local Govemment Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; reed not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, That the following purchase of materials, equipment or supplies, as described in Itc "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 90834 DANKA $80,280.00 SECTION Il. That the acceptance and approval of the above items shall not • constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SUCTION [ll. That the City Manager is hereby authorized to execute any 0 contrac's relating to the items specified in Section I and the expenditure of funds pursuant to said eomracts is hereby authorized. 1 S , 25 32X10 5 IM1 tMAM * . w 0 SECTION IV. That this ordinance shall become effective immediately upon its passage and approval i r PASSED AND APPROVED this the day of 1998. JACK MILLER, MAYOR y ATTEST: J JENNIFER WALTERS, CITY SECRETARY j , BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ` BY: 90931.SOLE SOURCE L . r E r y i Ao~ kwW} , 6 10 26 MIILSL~ 'AMU** 0 XW AV AGENDA INFORMATION SHEET Agenda item- AGENDA DATE: November 27, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Alex Pettit 349-8562 ACbt: Kathy DuBose, 349.8228 SUBJECT; AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF A 70 PAGE PER MINUTE COLOR PRINTERUCOPIER AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING rOR AN EFFECTIVE DATE. (PURCHASE ORDER #90833 rO DANKA IN THE AMOUNT OF S95.0S.00). BACKGROUND` For some time now, there has been a trend for the Administrative Services Division to gradually add new senices and to redefine their role in the organization. The implementation of this high- speed color punter is a major step toward print shop capabilities. There are strong indications that as requirements for colored documents increase, sufficient savings from the elimination of outsourcing color reproduction will offset the cost of this printer. Another advantage is a reduction in response time for color documents. RECO\IJIENDATION: Council approve purchase order N 90833 for the purchase of a Kodak Model IS 70 NCEA Series It copier'printer from DAN" Corporation, LWjMTED SCHEDULE OF PROJECTt , The copier printer will be delisered and in operation in 4-5 weeks after receipt of an order or approximately December 30, 1998. PRIOR ACTION/REVIEW (Council. Boards. Commisslonsl: Council approved the 60 month lease/purchase of this equipment on July 31, 1998. This new • ordinance revises the method of funding from a third party lease/purchase agreement to an outright purchase agreement 1 FISCAL INFORMATION: The purchase of this high speed color copicr'printer will be funded from Long Range Technology Plan account number 460-044-COMP-9847.9101, i' 32X 1 1 1 1 M Y r 4 AGENDA INFORMATICN SHEET NOVEMBER 17, 1998 PAGE 2 OF 2 PURCHASE ORDER INFORNIATIONI Purchase Order #90833 to DANKA is for the outright purchase of a Kodak Model I3 NCEA Series 11 high speed color copiedprinter. The equipment will be operated by the Administrative Services Division and lccated at City Hell. The service of color reproduction will be available to all departments and divisions of the City of Denton. Respectfully submitted: Name: Tom Shaw, C.P,M., 3497100 / Title: Purchasing Agent Attachment #1: Purchase Order # 90833 to DANKA Attachment #2: Quotation from DANKA (GSC Contract) Attachment #3: Memo from Alex Pettit, Director of Information Services 1110. All EN o.A I I { IIrA l ~n t J 1 ' I 'le 1 1 1Y 1' i r 1 Sr. R, T ALL 10 10 e 0 , 1 PURCHASE ORDER NO,. 90833 THIS IS A This nun+ber must appear an all CONFIRMING ORDER 1 invoices, dehvuf slips. uses, IIF MARKED) l JI Vint, boxes, psclinp slips And bale. DO NOT DUPLICATE • ~ y y H Req No. Bid No: Delr. 11-6-98 Page No. Pf1MCHASING DtVICOTY90F9 DENTONTEXAS DETEXAS IOR 1EXAS 16201-4354 8171383-7100 OIFW WIRO 8171267-0042 FAX 8171383-7302 VENDOR s NAME) DANKA DELIVERY ADMINISTRATIVE SERVICES S29 - ADDRESS 2707 AIRPORT FREEWAY ADDRESS 215 E. MCKINNEY FT. NORTH, TX 76111 DENTON, TX 76201 VENDOR NO. DAN49200 DELIVERY OLIOTED 11-17-98 FOB DESTINATION OLIVER TS TERMS a .ei. FTN, a 4E,0 n. .n "t~,^,. p''-FVVv:... SM b J9'~' LINE QU T 001 95,075 SS VENDOR CAT. 4 N / A MFG NAME 1.00 95,075.00 CITY 1 9100 KODAK IS 70 NCEA SERIES It COPIER PRINTER 1 ~ y . PAGE TOTAL) 95,075.00 GRAND OTAW 95,075.00 460 044 COMP 9847 9107 95,075.00 tv'^.M.,•t. N•`~•'l YINIIOR MSIAU[IlONS, 1 Terms Net 30 I Senl srqinA ervoltf with I1fr1 folly. SI,FFInf mftlKUMt F.01 Desbltflion ptlvd A~.Nu .~A. •nt N«A..AI 1 Dal We • kirawlf Poyolll 4 Nt Itdertl of WIN sties let 0.01 le xicluArf 215 ( M~Anmr St m poxes Idltif ARC el fXvIch"A ~ Y~ 25 Y 1 32 X 0 ■eee ass 0 bam" ATTACHtIMl1T , A 2 City of Denton Price Quotation IS70 Kodak 1570NCEA Series II Copier-Printer List : i :e • IS70NCEA Series II $99,300.00 List Price • AccentColor Toning Station $1.000.00 List Price • AccentColor Toning Station $1,00000 List Price • AccentColor Toning Station $1,000.00 LESS. Sale Discount $10.025.00 Total Discounts ($10,025.00) PLUS; 20 Hours of System Engineer Support $2,60100 { Total Additions $2,600.00 Total Price Lux= 3600 3 Yr Performance Plus £MA(PIP-003L•98) Monthly Minimum • IS70NCEA Series II $650.00 Image Charge • Meter J (68,000 estmated Images) Each Image ® 0.007) $513 so Image Charge • Meter K (0 estimated images) Each Image ® 0.0079 $0.00 EsLmaled Supplles $195.00 Total EMA 3 Supplies £1,,3, ILO. Free Installation (Value of $0 00) " Free Installation (Value of $0 00) Free Installation (Value of $0.00) A Free Instaliatinn (Value of $0.00) { State of Texas General Services Commsslon Contract Information: Class 482,Item 40, Kodak 170NCEA plus accessories { ti Prices quoted are valid umil December 40th, 199S.Prices DO NOT INCLUDE any applicable taxes. City of Denton 4. r r 4 C ATTAC104ENT 1 3 CITY OF DENTON, TEXAS i MEMORANDUM DATE: July 6, 1998 TO: Tom Shaw, Purchasing Agent FROM: Alex Pettit Director of Infonnat n ionServlces , SUBJECT: KODAK IMAGE SOURCE 70 The Kodak Image Source 70 is a four-color network printer/copier with finishing functions. The Kodak I-70 offers highlight color printing in shades of thm colon plus black at 70 pages per I minute. This printer will fold and staple producing finished booklets, newsletters eta in a i variety of styles an I and sizes. The high-volume copying and on-demand printing will allow this printer to function as the core printer for the In-house print shop. The speed and automated finishing features of this printer will allow the existing staff to complete projects at a cost less { than outsourcing. Alex wp Attachment y ' I `.r . S. i 4 K 10 : 32 x I O WIN= O 9{rAK,^19 'i FROMI CITY OF DENTON FAX NO.1 19403497362 91-11-I3 03 135P P.ae II ' i I ORDINANCE NO. AN ORD3NANCB REPEALM, ORDINANCE N 9S•201 APPROVED JULY 21,1998 FOR THE LEASE OF LISTED EQUIPMENT AND AWARDING A CONTRACT FOR THB PURCHASB OF A 70 PAGE PER MWM COLOR PR MR/COPMR AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THMFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (PURCHASE ORDER N 90833 TO DANKA IN THE AMOUNT OF $95,075.00). WHEREAS, pursuant to Resoludon 92.019, the State Purchasing Gew&l Services Commission bay solicited, roeeived and tabulated competitive bids for the purchase of neomary materials, equipment, supplies or services in accordancs with the procedures of state law on behalf of the City of Denton; turd WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein dearibed materials, equipment, supplies or services can be ptuchned b the Ci through the General Serviea Commission programs at teas cost than the City would expend If bidding these items individually; and ` WHEREAS, the City Council has provided in the City Budget for the approprtetioo of funds to be used for the purchase of the materials, equipment, supplies of eervices approved and accepted herein; NOW, THEREFORE, ii THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS: SECTION H. That the numbered items in the following numbered purchase order for t materiels, equipment, supplied, or services, shown In the "Purchase Orden" attached hereto, are hreby accepted and approved n being the lowest responsible bids for such items: PURCHASE l; 9M YZIS ?R ANOURT • 90893 DANKA CORPORATION S95,D7S.00 { SFd,Il4U That by the acceptance and approval of the above numbered iteata ad fcxth in the attached purchase orders, the City accepts the offer of the penone submitting the bids to the General Services 0mmission for such Items and agrees to purchase the materiala, equipment, • supplies or services in accordance with the lems, conditions, speciBcadons, Atutda* quaotltiea p • and for the specified sutra contained In the bid do=ents and related documms filed with the General Services Conunission, std the purchase orders Issued by the City. 6 i 25 32 X A q i 1 ♦ tV e j i SECTION III, That should the City and persons submitting approved artd accepted items set forth in the attached purchase orders wish to enter into a formal written agrr ement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or his designated representative is hereby authorized to execute the .0tten contract which shall be attached hereto; provided that the written contract is in accordance with one terns, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION 1V. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor Lt the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein, SECT14~Y. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of '199S. i i i i I JACK MILLER, MAYOR { ATTEST; JLNNIFhR WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FOR41, j IIERBERT L, PROUTY, CITY ATTORNEY BY: _ Q 903) PC) StATE ORDINANCE .r 7 k. j, ry Ctrs . , _ 75 x 32x 10 aan au to f71 W" . n• '9! ' I' . I. Y,.y ....'?_I ,t. itpis r..a.. C~n1 ~ a. M.... Agenda No Agenda f cni AGENDA INFORMAIIONSHEET Date i-7 AGENDA DATE: November 17, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Alex Pettit 349-8562 ACM; Ka,hy DuBosc, 349.8228 SUBJECT: AN ORJINANC'E AWARDING A C'ONIRACF FOR TIIE PURCIIASE OF A MINOLTA C'F900 COLOR COPIER Wall FIERY ZX 2100 PRINTER SERVER SOFTWARE AND ACCESSORIES AS AWARDED BY TIIE STATE OF TEXAS GENERAL SERVICES COMMISSION, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER # 90835 'f0 MINOLTA IN TIIE AMOUNT OF 532,830.00). BACKGROUND: C'urrentiy, the city or Denton has very limited full color ivproduction capabilities. We are unable to keep up with increased demand end are being forced to outsource a Ia-ge number of color reproductions. T hie r oposed color copier, a Minolta C17900, would basically triple our ability to fulfill the needs of staff and eliminate almost all outsourcing of full color copies. ' This copier wDUld be riwraled by Administrative Services Staff, and lend itself to their proposed print shop concept. RECOMMENDATION': Council opprove purchase order 4 90835 to NtII,ita in the amount or 532,83A00 for the purchase ora Minolta (1900 color copier with Fiery ZX 2100 SonHarc Upgrade for the ivrint saver, ESTIMATED SCHEDULE OF PROJECT, r the supplier has indicated that delivery and set up could be accomplished by December 1, 1998. FISCAL 1 NF OR.NI ATION: I'he purchase price, mainlenanec charges and copy charge would be funded from Warehouse Working Capital dollars and reimbursed through a per copy charge paid by the user. The chmination oroutsourcing color copies is estimated to save money equal to or exceeding the cost . of the proposed copier. ~ O • ELTRUJASE ORDER INFORbIATION: This purchase order is for the purchase of a Minolta CF900 color copier with ZX 2100 Fiery Software Upgrade. The unit will be operated by Administrative Services Division and available to all lepartmerls and Divisions of the City, 1 o,r 25,(10 32XIO a r ti' O i r - I ua n, .rV,~9TIML: [M 1. YOB+xdi AYkN•41i Ybs♦ M"}Fwrc Atl21a.1.+~HMWI Mr+vnirn~ ~ .aor 4 AGENDA INFORMATION SHEET NOVEMBER 11,1998 PAGE2OF2 I Respectfully submitted, / 1a',I a ~•r Name: Tom Shaw, C.P,M , 349.1100 Title: Purchasing Agent i Attachment #1: Purchase Order 0 90835 to Minolta J Attachment N2: Memorandum from Alex Pettit Attachment N3: Quote f na Minolta Attachment #4: Maintenance repair and support plan 1142 A BNDA j 1 F , i IV I Y f - ,~a,t7. 25 x 10 32X10 Kamm 1111~l % O I 1 PURCHASE ORDER NO: 90835 THIS IS A This number must spotr on all CONFIAMINO ORDER Invoices, delovsry saps, cases. (IF !AAFU ctns., boxes, packing slops and bill. 00 NOT DUPLICATE 1 Re4. No'. 9.d No: Dale, Page No. w N TEXAS 70201-4354 ~i lcrr4ASIN0 DIVICi0Nif901 019 TEXAS SONtt IDEN`OA 9401349-1100 D/FW METRO 8171207-0042 FAX 9401349-7302 VENDOR MINOLTA BUSINESS SYSTEMS DELIVERY NAME/ 2389 MIDWAY CENTRAL STORES S16 ADDRESS DAIAAS TX 75006 ADDRESS 9018 TEXAS STREET DENTON TX 76201 VENDOR NO. DELIVERY QUOTED FOB DESTINATION BUYER TS TERNS :141"t. s ISSN°~I:I°1 r,+;'t 'Mt~L, pr. 4. `wn ~Iilr + i'Q'~..;. { 001 1 ea VENDOR CAT. ! N / A MFG NAME $32,830.00 $32,830.00 + CITY 0 8700 MINOLTA CF900 AND FIERY 7.X 2100 PRINT SERVER SOFTWARE { W I 1 i I • PAGE TOTAL $32,830.00 GRAND OTAL $32,830.00 710 043 0582 9103 5321830.00 VlNDOA NIS1A11CflON5 ! isms • Net 30 sl^n.. •^•+L.,,..m.el 1, 904 vwlrl Ihwks with I legs to" 4. Ship Inl Imtfucbens 2.05 Destirrlose prasN it u,,., 1,00wl L Sol N • Aeeamu I+yAle S, W PnMlsf for stae sass I., shill N Ineudst 111 1. M= It { Ie slices Idhd purchasing v s on lAeton tX 102 -41100 „ " 10 32X10 I 1ASIpAAIw~~ 4 Y , ONNUM y' 1 ATTAl7!?MM 1 2 CRY OF DENTON. TEXAS ; , I MEMORANDUM u DATE: July 6, 1998 TO: Tom Shaw, Purchasing Agent FROM: Alrx Pettit, Director of Information Services , SUBJECT: MINOLTA CF900 COLOR COPIERIPRINTER The Minolta CF900 Is a Ax-page per ot!nute Ukolor network printer/copier with aulotratic duplexing of copies and an auto document feeder. Currently, the City does rwt have the ability to nuke two-sided color copies. The Minolta color primer/copier is a highly lltnedonal, low-end machine that will meet the den urd for two-sided copying at a reasonable cost. This machine will accommodate a wide range of paper sizes and weights, and will be used to produce Items such as report covers, reports, newilenen, chats and graphs, postcards, labels, brochures, flyers, and transparencies. The many features of this primer will allow the existing staff to complete projects in-house at a reduced cost for all City Departments, Alex Pettit Attsclunen 0 , Fb ~r 'Uedraf,~ le Q,eeb7~ J.rvin" r 4 I T, 4 f. "wr {~kr 2 x 1~ 32XID art"I 0 , 0 ONE" November 12, IM 0:64 PM From: Brian Simpson Fan N: 01 7573.1235 Pepe 2 of 4 I ATTACHMENT N 3 MINOLTA I Prepared For The City of Denton November 12, 1998 CF900 Digital Color System Pricing Equipment Cost CF900 $ 13,850.00 Fiery ZX 2100 $ 14,800.00 $ 28,650.00 ~ OPTIONS. Document Feede $ 1,630.00 10 Bin Sorter $ 1,130.00 Duplex Unit 1,420.00 Total $ 32,830.00 i Annual Service Plan Service will bo provided by factory trained Minolta Business System Personnel All 'Training will be provided by certified Minolta Employees. Minolta will bill a minimum monthly volume of 5,000 copies per month (d a rate of • $0.11 per copy or $550.00 monthly. All overages will be billed at $0.11 per copy Service includes all parts and labor, travel fees, etc. excluding paper staples toner, and starter. All Minolta Equipment in this quotation is year 2000 compliant 4 Brian Simpson Major Aooouni Fxsoutive, Cofor Division Minolta Business Systems 2399 M4wey Delles, TX 76008 Plane, (072) 713.3770 Fox (972) 713x702 J S I - ?h 32 x~~ MINE, • l O 1 November 12, IM 0:54 PM From: Orion Simpson Fu R 5173733233 Pegs S of 1 ATTACHMENT 4 4 MINOLTA CUSTOMER PERFORMANCE WARRANTY At Minolta, customer satisfaction comes first. Accordingly, Minolta is committed to providing the highest standard of product quality, customer service and technical support in the office equipment industry. Consistent with Minolta's f Success through Exce!lence philosophy, we offer the CUSTOMER PERFORMANCE WARRANTY; 1 "Minolta Business Systems warrants that the equipment covered under this bgreement will meet all normal operating and copy quality standards for the period of the Maintenance Agreement, up to 5 years. Minolta further warrants that our service division will repair or, if necessary, provide at no charge an equivalent replacement machine under the condition that an authorized Maintenance plan has been In continuous effect, that only genuine Minolta supplies have ; been used and that only personnel of Minolta Business Systems have serviced the equipment." 8rlen Simeon Major Aooounl Exomkvo, Color Division Mink Business System 2389 Mldws Dellss, TX 18008 Phone: (072) 713.3719 Fox: (914) 713-3102 s 6 I v,'fti,~'ti " 2 5 x 32 X d ~ ~ i t r fir t^' t A 1 - I 1 ( I I r 0 l t 1 STATE OF TEXAS General Ser 4ca Commission Caution Information Systems l Minolta DiSiW Color Printer/Scanner's (Coatinued) MAINMANCE, REPAIR AND SUPPORT PLAN j Mrnotta Budaees Synwu wnemtly peovidee mWalewcal rep* SW support for our CT+900 Dl orl Color Priater/Soarmtx and Di 40/620 DlSitel Prieto sy mm em omca in Da1Lti6 Howton and port Worth. ~ orrandow etruetnre will peovtde the aeoueery main w w; p*t d support for peoduds aervica offend Minolta Business Syuema GIVIBRAL SERVICES CATALOo. The ham olopendon t6r~ ` ' , sarvtoe am 8:00 A.MI to 5:00 P.M, CST. The Pointe of ooow for D": Rob Stevtm 3-371 are at j Houston; Fort Worth ony ww a ie 817j 4S3-Moo P =frby roduce offered wlll b. meiatrlnad bS'savia ropneecletivee trained NA Aiioo lti S and Color ~a equipment has the 1110e d neevt PWty by do "Wmw of all equ*wt E ystetas. oowultsdoa Ohl and Color t7eaph[a Support 8pedtdlat is available tmvoo days a ovedc for qundm of R Todd ?Mbonte OW. (214) MI-2628 I f + „u t li (r , 32X~d I 0 i i • i i I i ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE 4 98.220 APPROVED AUGUST 4, 1998 AND AWARDING A CONTRACT FOR THE OUTRIGHT PURCHASE OF A MINOLTA CF900 ~'OLOR COPIER AND ACCESSORIES AS AWARDED BY THE STA'rE OF TEXAS GENERAL S..RVICES COMMISSION; PROVIDING FOR THE EXPENDITURE OF FINDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER k 90835 TO MINOLTA IN T'HF. AMOUNT OF $32,830,00). WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission has solicited, received and tabulated competitive bids for the purchase of necessary matcHals, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the General Scnices Commission programs at less cost than the City Would cxpend if bidding these items individually; and I WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchas, of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, WE COUNCIL OF 111E CITY OF DENTON HERE©YORDAINS: SECTION 1. That the numbetcd items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orders" attached herclo, arc lureby accepted and approNcd as being the lowest responsible bids for such items: PURCHASE ORDE$ VENLW. AMOUNT 90835 MINOLTA BUSINESS SYSTEMS $32,830.00 I SEC•I ION lI. That by the acceptance and approval of the above numbered items set forth in the attached purchase ciders, the City accepts the offer of the persons submitting the bids to the • General Scnices C'omm'ssion for such items and agrees to purchase the materials, equipment, p • ' supplies or services in accordance with the Ierms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the General Services Commission, and the purchase orders issued by the City. B F j ~R10 32x1[I save" r O I "dssaw v}e..N r, nn♦ N♦i~i1'I'.1}n ,..veer., a4 I. ♦fnnYA~r1 }•A..Y'MNn niwYr.uwlr .y _ l I I SECTION Ill. That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. ' PASSED AND APPROVED this day of 1998, I I JACK MILLER, MAYOR AT TEST: JENNIFER WALTERS, CITY SECRETARY { APPROVED AS TO LEGAL FORM: H ERBERT L. PROUTY, CITY ATTORNEY BY: ' 90133 F•t) StA)E ORDINANCE E 9 I❑ ' 32 ia. 441z X uaarw~r , O r AaendaNo._.~o ~f/ I~. Agenda Item AGENDA INFORNIATION SHEET Cate AGENDA DATE: November 17, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Sharon Mays 349-8487 ACM: Kathy DuBose, 349.8228 SUBJECT, AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHnSE OF TREE TRIMMING ON MISCELLANEOUS ELECTRIC LINES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 0 2288 - TREE TRIMMING AWARDED TO NORTH TEXAS TREE DBA HORTON TREF. SERVICE IN THE ESTIMATED AMOUNT OF $50,000.00). BACKGROUND: The tree trimming senice is an annual project of tb Electric Utility Division. It involves trimming trees to prevent interference with or damage to overhead distribution and service lines. RECOMMENDATION: 1 We recommend this bid be awarded to the lowest responsible bidder, Horton Tree Service in the annual amount of approximately $50,0000100 (see tabulation sheet for individual category pricing), I ESTIMATED SCHEDULE OF PRQJEC-Ti This service contract w0l remain in effccl for one year; however, approximately 80910 of the trimming will be done during the winter months, prior to spring foliage. j'$I()R ACTION EVIEW (Council. Boards. Commissions[: The Public Utility Board recommended approval at their meeting of November 2, 1998. FISCAL INFORMATION: Funds for this service arc available in the 199S•99 budgcl urcount q 619.103.1031.5930.8338, I (5 i i X 10 32. X 10 C O s i AGENDA INFORMATION SHEET NOVEMBER 17,1998 PAGE 2 OF 2 BID INFORMATION: , This bid is for the annual contract for Tree Trimming services. The Electric Distribution Division oversees this service. The primary function is to trim trees that might interfere or damage electric power lines. All trimming is under the direction of the Superintendent of Electric Distribution. Open casement indicates access by way of a bucket truck. Closed easement indicates the work to be done requires climbing of trees to accomplish the trimming process. Respectfully submitted: r i /•i Name: Tom Shaw, C.P.M., 349.7100 Title Purchasing Agent I ' Attachment N1; Tabulation Sheet i I W AGLNDA 1 i 5ry. ha t' ~F' 2 ~I c , I z~X10 32xIO i O a~argaeot 1, l I ATTACHMENT 01 TABULATION SHEET BID 0 2233 Trees Bush Ballard North J DAVIS WHITMER 810 NAM TREE TRIMMING Inc Landscape Texas TREES Tree dba r lortorl DATE 27-Oct-95 Tree i DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR 1 Tres trimmtnii for Miscellaneous electric Ii nee In the City of Denton, TX 501mft Approximately Par Ft A. Open Easement $1.00 $4,70 30.33 $0.59 NO BIO NO BID Per Ft B. Closed Easement $1.50 $4.70 $1.10 31.111 NO BID NO BID Per Ft C. Combines Open i Closed Easement $1,23 14.70 $0.95 $0.31 NO BID NO BIO Par Ft D. Trim down below Telephone Unes 30.25 $510 $0.17 $0.15 NO BID NO BID Per Ft E. Transmission line rlphtof•way ` elosrance $2.00 $5.20 $1.34 $1.20 NO 810 NO BID r I 1 4-0 3 10 3?x10 • own" o ' ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TREE TRIMMING ON MISCELLANEOUS ELECTRIC LINES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID N 2288 - TREE TRAMMING AWARDED TO NORTH TEXAS TREE DBA HORTON TREE SERVICE IN THE ESTIMATED AMOUNT OF $50,000.00). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessay 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: SECTION L That the numbered items in the following numbered bids for materials, i 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 N0 VENDOR AMOUNT 2288 ALL NORTH TEXAS TREE EXHIBIT "A" DBA HORTON TREE SERVICE SECTION 11. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and • agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid cavitations, Bid 1 Proposals, and related documents. 1 5 EC ION III, That should the City and pctsons submitting approved and accepted items T 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 bcreby O • auihorited to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. i 4 2 S~1CJ 32XIO r r a. F > r5 i ~•Y1MMY010 ' .Y r t . r 0 , n , ~ f r s Ei71f~ r i r r 'r 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 .199S JACK MILLER, MAYOR F ✓ ATTEST: JENNIFER WALTERS, CITY SECRETARY M BY: APPROVED AS TO LEGAL FORM; ! HERBERT L. PROUTY, CITY ATTORNEY BY: { 1188 SUPPLY. ORDINANCE. 1 ' •i i Ji i r^ ~ pt I t ( ` 5 A' f 4 til f Ja Y 7MR- 32X 2 :'x059 ~ _ . 1 tX.Btl" J EXHIBIT "A" TABULATION SHEET 6100 226$ ' North BID NAM TREE TRIMMING Texas Tries dba Horton DATE 27-0ct46 Tree DESCRIPTION VENDOR ; / Trec trimming for Miscellaneous c t' ielactrlc lines In the City of Denton, TX 55fmR Approximately Per Ft A. O n Easement $0•56 Per Ft a. Closed Easement $1.16 Per ft C. Combines Open 6 Closed Easement $0.65 Per Ft D. Trim down below Telephone Lines $D.1 S Per Ft E. Transmisslon line rightof•wsy clearence $1.20 l w ~ z y'1 r 0 0 ' r z5 10 32Xf❑ s " 0 i AGENDA INFORMATION SHEET Agenda Item Date AGENDA DATE: November 17, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to R oss Chadwick 349.8110 ACM: Kathy DuBose, 349-8228 SUORCT: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT fOR THE PURCHASE OF FIRE FIGHTER STATIONPArORK UNIFORMS; PROVIDING I FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID # 2289 - FIRE FIGHTER STATION/WORK UNIFORMS AWARDED TO CASCO INDUSTRIES IN THE APPROXIMATE AMOUNT OF 535.000.00). BACKGRQMD f Tabulation Sheet i RECOMMENDATION: r .y E We recommend this bid be awarded to the lowest responsible bidder, Casco Industries, in the approximate amount of $35,000.00 (see Tabulation Sheet for individual pricing). ' ESTI"•IATED SCHEDULE OF PROJECT: Quoted delivery for the uniforms is approximately 45 days after receipt of an order. FISCAL INFOMIATION: Uniforms will be funded from 1998.99 budget account # 100.060-0051.810E HID INFORMATION: 'i This bid is for the annual contract to supply fire fighter station/wotk uniforms. Order, will be placed as needed throughout the term of the contract. .ok The lower price offered by Image Uniform took exception to out specifications, was quoted FOB . shipping point, and had additional charges for name and rank patches. Respectfully submitted: Name: Tom Shaw, C.P.M., 349.7100 Title: Purchasing Agent 0 Attachment #L Tabulation Sheet v, 11'A dli E.VU ,s i I. S1 , r , - - 25 x 10 32XIO s ~ arm® 0 n - ATTACHMENT #1 TABULATION SHEET BID # 2269 81D NAME FIRE FIGHTER STATIONIWORK LION CASCO IMAGE UNIFORM UNIFORM APPERAL IND. UNIFORM INC. DATE 27-0etAS 9 DESCRIPTION VENDOR VENDOR VENDOR VENDOR 250 es 1. Station War Uniform Pants 665.16 $61.20 659.60 NO BID 2509a 2. Station War Uniform Shirts t Short Slavs $57.29 651.50 S1SAS NO BID S .I r 100 ea 5. Station Wear Uniform Shlt1 Lon Sleeve 662.16 661.00 657.20 NO BID 6040 DAYS 15 DAYS 21 DAYS t r 1 ti r1. r ' 2 Jul aL 2'i x 32X I0 oftlas O ORDINANCE NO. AN ORDINANCE ACCEPTIN ; COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FIRE FIGHTER STATIONi WORK UNIFORMS; PROVIDING FOR THE. EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID N 2269 - FIRE FIGHTER STATION/WORK UNIFORMS AWARDED TO CASCO INDUSTRIES IN THE APPROXIMATE AMOUNT OF $35,000.00). 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 STALE 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 show, in the "Bid Proposals" submitted therefore; and . r 1VHEREAS, 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 SNQ_ VENDOR AMOUNT 2289 ALL CASCO INDUSTRIES S35,000.00 SECTION It. 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 Ill. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorited to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. 3 r -77 32XILI t Aii O 1 ti 4 :Y 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 I PASSED AND APPROVED this day of 1498. JACK MILLER, MAYOR rye r~ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: f HERBERT L. PROUTY, CITY ATTCWrEY k BY: 2259 SUPPLY, ORDINANCE ,A A ,y 4 L, J`L`. 2()A0 32x10 i V Ayrnda N~ __/Al 4pcnda I(am.-AGENDA INF0101ATION SHEET 0;a- AGENDA DATE: November 17, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance- Purchasing to Ross Chadwick, 349-8101 ACM: Kathy DuBose, 349-8228 rSl BJF.CT: i AN ORDINANCE ACCEPTING COMPETETIVE BIDS AND AWARDING A CONTRACF FOR THE RENTAL OF APPROXIMATELY 3,000 SQ. FT. OF OFFICE: SPACE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING AN EFFECTIVE DATE. (BID #2296 - RENTAL OF APPROXIMATELY 3,000 SQ. IT. OF OFFICE SPACF, AWARDED TO DENTON AREA TEACHERS CREDIT UNION IN THE AMOUNT OF $3,000.00 PER MONTH OR 536.000.00 PER YEAR. BACKGROUND: 'The current renovation of Central Fire Station has created a situation where the Administrative Division and the Fire Prevention Envision must relocate for approximately 1011 12 months. RECOMMENDATION: I We recommend this bid be awarded to the Denton Area Teachers Credit Union for lease of the building at 212 W. Sycamore in the amount of $3,000.00 per month, % ES111TATED SCHEDULE OF PROJECT: The Fire Department intends to begin the move on December 1, 1998. The lease is by the month and anticipated to last for a 12-month period ending November 30, 1999. ` FISCAL INFOWNIATION: Funds for the rental of this office space are available from account number 460.060-FIRE-9864- 9101, BID INFOMIATION: E This bid is for the monthly lease or rent of approxima:ely 3,000 sq. ft. of office space r~r the Fire Ihpartmcnt Administrative Division. This temporary relocation is due to the renovation to Central Fire Station anticipated to take one year to complete. The rental building is located at 212 W. Sycamore (the old Credit Union building). It is suflicicnt for our needs and is handicap accessible. Re ctfully s r d: 0 J~4 P Nc. Tom Shaw, C.P.M., 349.7100 Title, Purchasing Agent Attachment # i : 'Tab u lotion Sheet 1 t dd agenda I r 49 ,r; K ill 32 xl~ Aim A ' Q i .r ....daa..,<.r, a .::y.,... .rw... «....:....°....~w..:...~..u ,.1 . !_i: r TABULATION SHEET , IDS 7296 BID NAME RENTAL OF APPROXIMATELY 3,000 DATCU $0. FT. OF OFFICE SPACE { DATE 10-Now96 e z RENTAL OF OFFICE SPACE $3,000.00 PER MO. OR LOCATION OF PROPOSED PROPERTY 136,000.00 , PER YEAR 713 W, SYCAMORE ST. DENTO TX 711301 i ! ) i i 1 r r ~ I 7 , 1 5 Q'6 . to 32X101 C 0 I 9 n .7131429701 . I I 1 I ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE RENTAL. OF APPROXIMATELY 3,000 SQ. FT. OF OFFICE SPACE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE I (BID # 2296 - RENTAL OF APPROXIMATELY 3,000 SQ. FT. OF OFFICE SPACE AWARDED TO DENTON AREA TEACHERS CREDIT UNION IN THE AMOUNT OF $3,000.00 PER MONTH OR $36,000.00 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, TH E COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1, That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER O VENDOR AMOUN I 2296 1 DENTON AREA I EACHERS CREDIT UNION $36,000.00 SECTION 11. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and l • agrees to purchase the materials, equipment, suppr.s or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid j Proposals, and related documents. 1 SFCTION 111 That should the Cily 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 authorised to tx culc the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted, I I 3 I k i ?C) Y ~~a 32x t I ti MANE" 0 ' it 'I EUMOM SECTION IV. That by the acceptance and approval of the above numbered items of the j 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 f approval. PASSED AND APPROVED this day of .1998. TACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY l BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 6 IBY: 2296 SUPPLY. ORDINANCE. r ~ 1 t. • 1 0 1 4 a' a :e 2 5 x 10 32X 1 swa.. 0 BID NV"ER A 2296 RENTAL CONTRACT 1. BETWEEN TENANT: THE CITY OF DENTON (FIRE DEPARTMENT), herein and after referred to as tenant, Telephone No. _ And OWNER (LANDLORD) herein and after referred to as owner: Name Denton Area Teachers Credit Union Address 225 W Mulberry PO Box 827 Denton. TX Telephone No. (940)387-8585 (a) Persons to occupy premises: I ire Chief and Fire Administrative Staff 2, PROPERTY DESCRITPION: See Attachment A 3. TERM OF CONTRACT: The initial term of this agreement shall commence 12-1-98 and .nd 11-30-99 constituting a twelve month period. The contract will be renewed automatically thereafter on a month to month basis. 4. NOTICE: At least 30 days mTitten notice of intent to vacate must be given to owners prior to move-0u! at the end of above term or any renewal or extension period. Failure to do so will result in forfeiture of deposit. In the event of renewal or extension of the rental contract, rent shall be paid through the last day of the month following the expiration of the 30-day notice period, unless Owner agrees otherwise in, siting, 5. RENT: Tenant will pay 3000.00 per calendar month for rental and shall be paid by mail or in p^. son to the address of the owner. Such payments to be made on or before the first day of each month. Rent paid after the flit! day of each month shall be deemed late; and if rent is not paid by the third (3rd) day of the month, Tenant agrees to pay a late charge of S300A0 in Mclition to the rental payment, plus $50.00 per day until paid in full Should Tenant's rental payment become one (1) month in arrears, unless other specific arrangements are made by Tenant shrill be subject to eviction and upon written notice by Owne. shall vacate premises by date specified in such notice. Partial payment o.' rent will not be accepted. The entire month's rent is due in its' entirety on 1" day of month. Tenaat's right to possession is expressly contingent on tl,e prompt paymont of tent, and the use of the premises by Tenant is obtained only on the condition that rent is paid on time, Tenant agrees to pay a $25.00 charge for each retuned check. Th- pro•rated rental from • the date of move-in to the last day of the month shah be based on the monthly rental rate. ' 5 V~ 32x~ 41 rw i 0 0 - t BID NUMBER M 2296 k 6. DAMAGE AND SECURITY DEPOSIT: To insure that Tenant will comply with all of the terms and conditions of this agreement, Tenant has deposited with Owner on the execution of this agreement the sum of $500.00, receipt of which is hereby acknowledged by Owner, to be retained by Owner during the term of this agreement. The security deposit shall be refunded to Tenant within thirty (30) days following the termination of this contract, provided Tenant has compiled with all of its obligations hereunder, less all costs and expenses Incurred by Owner In restoring the premises to the same condition as when rented (normal wear and tear excluded) plus any unpaid charges, damages, or rentals due to Owner. Owner shall famish a written description and itemized list of al deductions, provided Tenant furnishes Owner a written copy of Tenant's forwarding address, but neither list nor refund shall be made unless Tenant has provided the writtca statement 30 days advance notice and such forwarding address. Should the total deductions herein authorized exceed the amount of the security deposit, Tenant agrees to pay to Owner the amount of such excess. 7. CARE OF PREMISES: Tenant agrees to take good care of the premises and its fixtures and any furnishings, and to suffer no waste and to make no alterations, additions or improvement witbout the prior written consent of Owner. No antennas, additional outlets, lock changes or additional locks shall be permitted except by Owner's permission. 8. OWNER WILL NOT BE LIABLE for any damages or tosses to person or property caused by tenants or other persons. Owner shall not be liable for personal injury or damage or loss of Tenant's personal property from theft, vandaliFm fire, water, rain, smoke, explosions, acts of God, or other causes, unless the same is due to the negligence of Owner. Owner strongly recommends that Tenant secure insurance to protect itself aggiest all of the above occurrences. 9. REPAIRS BY OWNER: In case of needed repairs to the outside walls, roof, windows, or foundation, Tenant shall notify Owner or its representative immediately and Owner shall act with due diligence in making repairs; and rent shall not abate during such periods. If the premises suffers damage which causes the premises to be unusable by Tenant for the purpose it was teased, then during the repair period rent will be abated. If repairs cannot be made within 30 days Owner or Tenant may terminate this contract by written notice to other party. If it is so terminated, rent will be prorated and the balance ' refunded along with the deposit, less lawful deductions. 10. REPAIRS BY TENANT: Tenant shall maintain and keep in good repair the entire premises, save and except the windows, outside walls, roof and foundation, which Owner shall maintain. Tenant will maintain and repair all otl+er fixtures and structural items including but not limited to: heating and air conditioning systems, light fixtures and receptacles, doors, inside walls, carpets, vinyl, bathroom fixtures and to on without • exception if located within the leased premises. 0 , 5 Ia nv.v~ti 10 32X10 1~ l i " - BID LAMER N 2296 SURRENDER OF THE PREMISES: Upon temlination of this contract, Tenant j covenants and agrees that it will promptly and peacefully aarreMer possession of the demised premises, and will voluntarily surrender and deliver to Owner all of the personal I property belonging to Owner. It Is agreed that Owner shall have the option to show the premises, by appointment, during the final IS days of Tenant's orxupancy. 1 12. TENANT AGREES TO REIMBURSE OWNER PROMPTLY for any loss, property r damage, or cost of repairs or service (including plumbing trouble) caused by negligence or improper use by Tenant. Tenant shall be responsible for damage from windows or doors left open. Such reimbursement is due when Owner's representative makes demand. Owner's failure or delay in demanding check charges, or other sums due by Tenant shall not be deemed a waiver, and Owner may demand same at any time, including movaout. 13. RIGHT OF ENTRY: Owner shall have the right to enter upon the Tenant's premises at } all reasonable hours for the purpose of inspecting said premises, and making necessary t repairs. 14. ENTIRE AGREEMENT: This instrument in writing, termed a termed a Rental Contract, contains the entire agreement made by and between the parties hereto. No oral agreements have been entered into in connection with the execution of this instrument, and none of the terms, provisions or conditions contained herein shall be changed or modified in any way except by an instrument in writing, signed by all of the pasties hereto. SIGNED THIS DAY OF .1998 OWN TENANT " 1 • " OWN it • ' 1` 1 , 1 1 t M1 1 L J10 ~e }A r h r y. , ~ r 5 7 t i r. ; 26 ~ r 0 1 ~ .wee Attachment A PROPERTY DESCRIPTION: BEING all that certain tract or parcel of lend lying and being situated in the William Loving Survey, Abstract 759, Denton County, Texas, and being the same land conveyed by Mary Alice Stone to W.J. Bushey, at ux, by Deed dated February 27, 1953, recorded in Volume 385, Page 4061 Deed Records of said County, and the same land conveyed to Denton County Teachers Federal Credit Union by Bruce Davis, et ux, as recorded in Volume 497, Page 35, Deed Records of said County, and being more particularly described as follows: BEGINNING at a found iron pin at the Southwest corner of said Stone to Bushey Tract in the North line of Sycamore Streets THENCE North 000 03 " 51' West, with the West lime of said Stone to Bushey Tract, a distance of 149.58 feet to a found iron pin at the Northwest corner of said tracts THENCE North 890 36" 40t East, passing at 30.0 feet the West line of Block Twenty-five (25) of the original townsite of the City or Denton, Texas, and passing at 50.6 feet ah iron pin at the Northeast corner of said Stone to Bushey Tract, the came being the Northwest corner of said Credit Union Tract, and continuing a total distanco of 56.5 feet to the Northeast corner of said Credit union Tracts. THENCE South 000 28 " 211 West, with the East line of said Credit Union Tract, a distance of 150.24 feet to corner on the North line of Sycamore Street, said corner being the Southeast corner of said Cradit Union Tracts THENCE West with the North line of Sycamore Street passing at 46.0 feet the Southwest corner of said Stone to Bushey Tract and continuing a total distance of 95.09 feet to the POINT OF BEGINNING and containing 0.3297 acre of land. 1 1 8 , 32Xi~ ~ f ` r inc'aerc " w. x.V^.r.:. U r Iha•)itsTl.tl'Y1D ~'ki3Ah wq Nr~E(¢7.,a , Y f:1 M Agenea Nu AgenQa Item. Y AGENDA INFORMATION SHEET r AGENDA DATE; November 17, 1998 DEPARTMENT: Utilities Administration { i ACM: Howard Martin, 349-8232y~ I t SUBJECT: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND BEL AIR DEVELOPNIENT, LTD. FOR PARTICIPATION IN THE OVERSIZING OF A A SEWER MAIN AND IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THE EXPENDITURE OF FUNDS THEREFOR THIS ORDINANCE; AUTHORIZING AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: When a deve!oper extends water or sewerlincs into an area, the developer is required by the d City's Code of Ordinances to install water and sewerlines of sufficient size to serve the new area. The devcloper is developing the Beverly Park Estates sub-division, a site east of Sherman Drive and west on Kings Row. The development required a 12-inch sanitary sewer line, and the City requested a 15-inch sanitary sewer line to be installed in the sub-division. The 15-inch line extends approximately 1,429 feet through the sub-division. Thia is a multi- phase development. Our participation in this phase and second phase to the west allows the City of Denton to provide H aslewater service to the undeveloped acreage west of Sherman Drivo and north of loop 283. The land to the north of Loop 288 is being proposed as future school site and a city park. The developer submitted a request for oversize participation based on engineer's estimate. The requested amount for this phase is $15,953.50. This amount has been examined by staff and A found to be reasonahle. t j OPTIONS' 1 1+ None n r 1 ~ 0 • 1' ~ J / 4 k, t V ( ' I Utz. 32 x 1 ' 0 0 . t U i)NINIENDATIONS: { Staff recommends approval of the request from Bel Air Development, Ltd. Oat the City participate in the oversizing of a sewerline in the Beverly Park Estate% sub-division. The cost fur City Participation is for an amoum not to exceed $15,953.50. PRIOR ACTIQNIRF.YIEW IConocll Boards. Cornmisslonl,, This oversize agreement was approved by the Public Utilities Board on December 1, 1997 (Exhibit A). FISCAL INFOMATION: f, The estimated cost of our participation is $15,953.50. The amount of $100,000 is budgeted each year for oversizing of sewerlincs. h Respectfully submitted; i i 4 Jil ordan k Director Water Utilities Prepared by; • Engineering Administrator 4 1 Exhibit A: Dcccmhcr t 1997 Pubic Utilities Board Agenda Item Exhibit B: Participation Agreement t ~ 32X 0 { f t ORDINANCE NO. j AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SEWER MAIN COST E PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND BEL AIR d DEVELOPMENT, LTD. FOR PARTICIPATION IN THE OVERSIZING OF A SEWER MAIN AND i IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; S AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE, g WHEREAS, the City wishes to participate in the cost of oversizing a sewer main to be designed, installed, and constructed by Bel Air Development, Ltd. in an amount not to exceed fifteen thousand nine { hundred fifty three dollars and fifty cents (S! S. 933,50), in accordance with §34.118(bx2) of the Code of Ordinance of the City of Denton and TEX. LOC. GOVT CODE ¢212.072; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor, or in his absence, the Mayor Pro Tern, is authorized to execute a Sewer Main Cost Participation Agreement between the City and Bel Air Development, Ltd. for the oversizing of a twelve (12) inch sewer line to a fifteen (15) inch sewer line, substantially in the form of the attached Agreement, which is made a part of this ordinance for all pugoses, subject to Bel Air Develoment, Ltd„ entering into a Development Contract with the City, in accordance with Chapter 34 of the Code of Ordinances of the City of Denton. ` SECTION 11. Tlut the City Manager is hereby authorized to make the expenditures as set forth in the attached Agreement SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1999. JACK MILL ER, MAYOR ATTEST: JENNIFER WALTERS. CITS' SECRETARY 11 Y: 4 APPROVED AS TO LEGAL FORM: HERBERT L. PROUIY, CITY ATTORNEY q BY: F:Isharedldept'1GL10ur DocumentsNOrdinancesdlel Air sewer main.doc j rk 4 e I ` i~4 215 J 3 2 x 0 I Il I THE STATE OF TEXAS § SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF COUNTYOFDENTON § DENTON AND BEL AIR DEVELOPMENT, LTD. WHEREAS, Bel Air Development, Ltd, hereafter referred to as "Developer," whose busiress address is 12225 Greenville Avenue, Suite 11 IS. Dallas, Texas, washes to develop Ltd improve certain real property named Beverly Park Estates, Phase I (as shown in Exhibit 1, attached hereto and incorporated herein by reference), located in the City of Denton, Texas or its extraterritorial jurisdiction, and is required to provide such property with adequate collection capacity by designing, constructing and installing a sewer line of a minimum inside diameter of twelve inches (12"), hereafter referred to as "required facilities"; and WHEREAS, the City of Denton, Texas, a municipal corporation located at 215 Ea-t McKinney, Denton, Texas 76201, hereafter referred to as "City," in accordance with its ordinances, wishes to participate in the cost of the construction and installation of said water main to provide for an "oversized" water main to expand its utility system and insure adequate utility service to other customers; NOW, THEREFORE, in consideration of the mutual promises and covenants contained I in, Owner and City agree as follows: 1. Owner shall design, install and construe. a fifteen (15) inch sewer main and all necessary appurtenances thereto, hereafter referred to as "oversized facilities," located as shown on Exhibit II, attached hereto and incorporated herein by reference. 2. As required by Chapter 34 of the Code of Ordinances of City of Denton, Texas, Owner has entered into a Development Contract pror to beginning construction of the oversized facilities. This Development Contract is attached hereto as Exhibit Ill and incorporated herein by reference, This Agreement is subject to and governed by this Development Contract and any other applicable ordinances of City, • 3, Prior to beginning construction of the oversized facilities, Owner shall obtain, at Owncr's sole cost and expense, all necessary permits, licenses and casements, The easements, deeds and plats therefor obtained by Owner shall be reviewed and approved as to form and substance by City prior to the beginning of construction. If Owner is unable to acquire needed easements, Owner shall provide City with any requested documentation of efforts to obtain such easements, including evidence of negotiations and reasonable offers made to the affected property owners. Any easements for the oversized facilities obtained by the Owner shall be o assigned and dedicated to City, if not taken in City's name, prior to acceptance of the oversized facilities, and Owner warrants clear tide to such easements and will defend City against any adverse claim made against such tide, Seorr Main Participation Agreement I Bel Air Development, Ltd. I, alt<.''~ r, j " 32X 1.~ 0 1 4. City's share in the cost of the oversized facilities, based upon the difference in the cost of installing required facilities, as determined by City, and the cost of the oversized facilities, as determined by City, shall be in an amount not to exceed Fifteen Thousand Nine Hundred Fifty Three Dollars and Fifty Cents (515,953.50). City may elect one of the following methods io determine City's bhare of the cost: a) Owner shall prepare plans and specifications and furnish them to City. III City shall competitively bid the required line and the oversized facilities in accordance with Chapter 252 of the Texas Local Government Code, The difference in the bids shall be used to determine City's share, subject to City's maximum participation in cost as specified in this Agreement; or b) Owner shall prepare plans and specifications and take bids on the required line end the oversized facilities. City shall pay Owner the least amount of the following: (1) The difference in the bids for the required line and the oversized facilities; (2) Thirty percent of the bid on the ova Ted facilities, as provided for in §212.072 of the Texas Local Government Code; or (3) $15.953.50, the maximum participation cost allowed herein. City shall not, in any case, be liable for any additicmal cost because of delays in beginning, continuing or completing construction; changes in the price or cost of materials, supplies, or labor; unforeseen or unanticipated cost because of topography, soil, subsurface, or other kite conditions; differences in the calculated and actual per linear reet of pipe or materials needed for the oversized facilities; Owner's decision as to the contractors or subcontractors used to periorm the work; or any other reason or cause, specified or unspecified, relating to the construction of the oversized facilities. 5. The City shall make monthly payments for its share of the oversized facilities. The r A Owne* shall submit monthly pay requests on forms provided by the City. The Owner's engineer shall verify that the pay request is correct. The request, along with the engineer's verification, shall be submitted to the Engineering & Transportation Department of the city. The City will retain to, a of the total dollar amount until the project is accepted and costs are calculated as per this agreement. Payment by the City to the Owner will be made within thirty (30) days of receipt of the pay estimate and the engineer's verification. 6. Within thin),'30) days of the acceptance of the facilities by City, Owner shall ! 0 submit to City's Director of Utilities the actual cost of the oversized facilities. Should the actual cost of the oversized facilities be less than the cost upon which City's share was determined, Scucr Main P: rucipatwp Agreement 2 nrt Air Development. Ltd. air MM IqL ~~NALOLORALEALILMA e 0 i a City's share of the cost shall be reduced proportionally, on a per linear foot basis, based upon the difference of the actual cost of the oversized facilities and the determined cost for required facilities. To determine the actual cost of the oversized facilities, City shall have the right to inspect any and all records of Owners, his agents, employees, contractors or subcontractors and shall have the right to require Owner to submit any necessary information, documents, invoices, receipts or other records to verify the actual cost of the oversized facilities. • I 7. Within sixty (60) days of the date Owner submits satisfactory documentation of the actual cost of the oversized facilities, as determined by City, City shall pay to Owner City's remaining share of the cost thereof. 8. If the City has made any overpayment of funds as calculated by the terms of this agreement, Owner shall make any reimbursement to the City within thirty (30) days of notice of the overpayment. 9. All notices, payments ur communications to be given or made pursuant to chit 1J agreement by the parties hereto, shall be sent to Owner at the business address given above and to the Director of Utilities for City at the address given above. 10. Owner shall indemnify and hold City, it3 officers and employees, harmless from any and all claims, damages, loss or liability of any kind whatsoever, by reason of injury to property or person occasioned by any act or omission, neglect or wrongdoing of Owner, its officers, agents, employees, invilee, contractors or other persons with regard to the performance of this agcement, and Owner will, at its own cost and expense, defend and protect City against any and all such claims and demands. I 11. if Owner does not begin substantial construction of the oversized facilities within twelve (12) months of the effective date of execution of this agreement, this agreement shall terminate, unless a written extension is approved by both parties. 12. This instrument, including the exhibits attached hereto, embodies the whole agreement of the parties hereto and there are no pr ~mises, terms, conditions or obligations other than those contained or incorporated herein. This igreament shall supersede all previous communications, representations or agreements, either verbal or written, between the parties • hereto. 13. This agreement shall not be assigned by Owner without the express written consent of City. 14, Any and all suits for any breach of this contract, or any u, Ituit pertaining to or arising out of this agreement, shall be brought and maintained in a cou• .f competent ;uris• e diction in Denson County, Texas. Sewer Blain Participation Agreement 3 Bel Air Development, Lid. i 32 x l o o rww, p l o,.rs • E Executed this the day of ,1498• 4 T f BEL AIR DEVELOPMENT, LTD. E BY: ATTEST: BY: J CITY OF DENTON, TEXAS BY: JACK MILLER, MANOR ATTEST: JENNIFER WALTERS, CITY SECRETARY it BY: * APPROVED AS TO LEGAL FORM; HERBERT PROUTY, CITY ATTORNEY BY: r~_RaZt, IL • F,,4n4f4ept',LGLCw Dmu"nUTmtr..n'AA'.6el Air Sewer east eSMr tdoe f 1 Um CewerMom PartreipWonAgrcrment 4 Bel Air Development, Lid. - ~i,~ 75 ~Q 32x 101 ~ I -A- OWN 1 fl aoxaam~ 0 ua~®wa ITEM 6 December 1, 1997 PUBLIC UTILITIES BOARD AGENDA ITEM , TO. CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROM: HOWARD MARTIN, ASSISTANT CITY MANAGER ! UTILITIES SUBJECT: CONSIDER AND APPROVE THE OVERSIZE AGREEMENT FOR BEVERLY PARK ESTATES, PHASE I • WASTEWATER. RECOMMENDATION: The Utilities Department Staff recommends approval of the request from Set Air Development, Ltd. (`Developer') that the City participate in the oversizing of a sewer line in the Beverly Park Estates Subdivision. The cost for our participation is for an amount not to exceed $15,953.50. SUMMARY: p The Developer is developing the Beverly Park Estates subdivision, a site east of Sherman Drive and north of Kings Row. The development requires a 12" sewer line, and the City is requesting that a 15" sewer line be installed in the subdivision. The 15" line will extend approximately 1,429 feet through the subdivision. This is the first phase of a multi-phase development. Our participation, in this phase and a second phase to the west, will allow the City of Denton to provide %astewater service to some undeveloped ar.reage west of Sherman Drive and north of Loop 288, which would have been a tcult to serve. The land north of Loop 288 is be'ng proposed as future school sites and a city part:. The Developer has submitted a request for oversize participation based on engineer's estimates Th~ requested participation amount for this phase is 315,953.50. This amount has been examined by staff and found to be reasonaule. The PUB will be asked to approve an additional oversize agreement when the developer begins the next phase of the sub&ision. Neither the timing of this next phase nor the oversize amount is known at this time. BACKGROUND: ~r ~ O f When a developer extends water or sewer lines into an area, the developer is u required by the City's Code of Ordinances to install water and sewer lines of sufficient size to serve the new area The y may request that the su'.xject lines be EXHIBIT A i ~ 1~' 04'~ .r r ! AnN. ~ I 10 10 O r ~ oversized to serve the general servie area, The City may also participate in the cost of oversized water and sewer fines in accordance with Section 34.118(b)(2). AGENCIES AFFECTED: Citizens of Denton, Denton Municipal Utilities and Bel Air Development, Ltd. FISCAL IMPACT: The estimated cost for our participation is $15,953.50. The amount of 5100,000 is budgeted each year for ovbrsizing of wastewater lines. A Financial Analysis is attached as Exhibit Il. The Capital Improvement Plan Detail Sheet for oversizing Is attached as Exhibit Ill. S died by: Howard Martin Atilstant City Manager/Utilities Prepared by. - Gerald P. Co gr~ ove, P r,~ Engineering Administwtor Approved by: Jil orda , P.E. Interim Director WelcPA Vastewaler Engineerinp 8 Field Services Ah3rhrnenls I. Parkipation Agreement O ll, Financial Analysis 11L CIP Detail Sheet !A O • I r~. ~3n~il~tE. 1.5 x ❑ 32X'' a erg THE STATE OF TEXAS § SEWER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND BEL AIR COUNTY OF DENTON § DEVELOPMENT, LTD. WHEREAS. Bel Air Development, Ltd, hereafter referred to as "Developer," whose business address is 12225 Greenville Avenue, Suite 118, Dallas, Texas 75243 wishes to develop and improve certain real property named Beverly Park Estates, Phase I (as shown in Exhibit I, attached hereto and incorporated herein by reference), located in the City of Denton, Texas or its extraterri• torial jurisdiction, and is required to provide such property with adequate collection capacity by designing, co structinq and installing a sewer 11ne of a minimum ":,de diameter of twelve inches (120), hereafter referred to as 'required facilities'; and WHEREAS, the City of Denton, Texas, a municipal corporation locatei at 215 East McKinney, Denton, Texas 76201, hereafter referred to as 'City," In accordance with its ordinances, wishes to participate in the cost of the construction and installation of said sewer main to provide for an 'oversized' sewer main to expand its utility system and insure adequate utility service to 0 other customers; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein. Developer and City agree as follows: 1. Developer shall design, install and construct a fifteen inch (15v) sewer main and all necessary appurtenances thereto, hereafter referred to as "oversized facilities,15% located as shown on Exhibit 11. attached hereto and incorporated herein by reference, 2. As required by Chapter 34 of the Code of Ordinances of City of Denton, Texas, Developer has entered Into a Development Contract prior to beginning con. struction of the oversized facilities, This Development Contract is attached hereto as Exhibit III and incorporated herein by reference. This Agreement is subject to and governed by this Development Contract and any other applicable ordinances of City, 3. Prior to beginning construction of the oversized facilities, Developer shall obtain, at Developer's sole cost and expense, all necessary permits, O 9 11:enses and easements. The easements, ceeds and plats therefor obtained by Developer shall be reviewed and approved as to form and substance by City prior to the beginning of construction, If Developer is unable to acquire needed ease. 1 i SEwIA MAIN PARTICIPATION AGREEMENT ! BEL AIR DEVELOPMENT. LTD,PAM I i ATTACHMENTI J2XID o I Anti" u 1 vim0 ments. Developer shall provide City with any requested documentation of efforts to obtain such easements, including evidence of negotiations and reasonable of. fers made to the affected property owners. Any easements for the oversized facilities obtained by the Developer shall be assigned to City, if not taken in City's name, prior to acceptance of the oversized facilities, and Developer war. rants clear title to such easements and will defend City against any adverse claim made against such title. 4. City's share in the cost of the oversized facilities, based upon the difference in the cost of installing required facilities, as determined by City, + and the cost of the oversized facilities, as determined by City, shall be in an amount not to exceed fifteen Thousand Nine Hundred fifty-three Dollars and fifty Cents ($15,953.50). City may elect one of the following methods to determine i City's share of the cost: a). Developer shall prepare plans and specifications and furnish them to City, City shall competitively bid the required line and the oversized facilities in accordance with Chapter 252 of the Texas Local Government Code, The difference in the bids shall be used to determine City's share, subject to City's maximum participation in cost as specified in this Agreement; or b) Developer shall prepare plans and specifications and take bids on the required line and the oversized facilities. City shall pay Developer the least amount of the following; (1) The difference in the bids for the required line and the oversized facilities; (2) Thirty percent of the bid on the oversized facilities, as provided for in 6212.072 of the Texas Local Gov. ernment Code; or (3) $15,953.50, the maximum participation cost allowed herein. • City shall not, in any case, be liable for any additional cost because of delays in beginning, continuing or completing construction; changes in the price or cost of materials, supplies, or labor; unforeseen or unanticipated cost because of topography, soil, subsurface, or other site conditions: differences in the calculated and actual per linear feet of pipe or materials needed for the oversized facilities; Developer's decision as to the contractors or subcontrac• p 0 tors used to perform the work; or any other reason or cause, specified or unspecified, relating to the construction of the oversized facilities, SEWER MAIN PARTICIPATION AGREEMENT / BEL AIR DEVELCo1ENT, LM,PAGE Z r✓,r~~cv: 32X s , u ~a 5. Within thirty (30) days nf the acceptance of the facilities by City, Developer shall submit to City's Director of Utilities the actual cost of the j oversized facilities. Should the actual cost of the oversized facilities be less than the cost upon which City's share was determined. City's share of the cost shalt be reduced proportionally, on a per linear foot basis, based upon the difference of the actual cost of the oversized facilities and the determined cost for required facilities. To determine the actual cost of the oversized facili• ties, City shall have the right to inspect any and all records of Developer, his agents, employees, contractors or subcontractors and shall have the right to ff require Developer to summit any necessary information, d cuments. Invoices, re- ceipts or other records to verify the actual cost of the oversized facilities. 6, k thin sixty (60) days of the date Developer submits satisfactory documentation of the actual cost of the oversized facilities, as determined by City. City shall pay to Developer City's share of the cost thereof. 7. All notices, payments or communications to be given or made pursuant to this agreement by the parties hereto, shill be sent to Developer at the busi• ness address given above and to the Director of Utilities for City at the address given above. 8. Developer shall Indemnify and hold City harmless from any and all claims, damages, joss or liability of any kind whatsoever, by reason of injury to property or person occasioned by any-act or omission, neglect or wrongdoing of Developer, its officers, agents, employees, invitee, contractors or other per- sons with regrrd to the performance of this agreement, and Developer will, at its own cost and expense, defend and protect City against any and all such claims and demands. J i 9. If Developer does not begin substantial construction of the oversized { facilities within twelve (12) months of the effective date of execution of this agreement, this agreement shall terminate, 10. This instrument embodies the whole agreement of the parties hereto and there are no promises, terms, r ditions or obligations other than those contained or incorporated herein. This agreeme t shall supersede all previous communications, representations or agreements, either verbal or written, between the parties hereto, 11, This agreement shall not be assigned by Developer without the express written consent of City. 12. Any and all suits for any breach of this contract, or any other suit O pertaining to or arising out of this agreement, shall be brought and maintained in a court of competent jurisdiction in Denton County, Texas, i SEWER MAIN PARTICIPATION AOREEIENT / BEL AIR DEVEIOMENT, L1T).PAGE i { 10 32XICl O i Executed this, the _ day of 1997 1 BEL AIR DEVELOPMENT, LTD, BY: + ATTEST: CITY OF DENTON, TEXAS BY. 1 i ATTEST: JENNIFER VIALTERS, CITY SECRETARY _ i 4 i BY: I 1 APPROVED AS TO LEGAL. FORM: F HERBERT PROM, CITY ATTORNEY A BY: _ • SEEM MAIN PARTICIPATION AGREEMENT ! AEL AIR DEVELDPlfNT, LTD.PAGE 4 .1 I i % 10 MCA e Moons , o 1 -ern ' I BEVERLY PARK ESTATES/PHASE I PLAT rnw rl Sir ,J t -I Mm' ram 00 {r/ 2i ~y'_ Ilan 'Orr biSt 6J1 i0 Ii' t1 9~• I/ 17 s 4,11 ~t7, tr > + r , _ - - • 1 I 10 _ 12 r p 21 rr MOO r0m Mw um/ sI ti I ' ~ V. i SAGE COV)tT ° I - - - 71ri a' 1 M m. - - Mop r Mw low I 1 r 21;g A 3 g t>s T or , uiuo r Its 4p I to J1 n to lii•Yfr11X1• I ti ~I ! '1 Rl +w nco 74W 'car cac' roar bbl or I ! i r Sa p t I t ~ j j y {rwB} t J7 _ _ JI 7 u ~ H ~i 3f 12 St ,It i0 "~3 21 y I r.16 1 C17 J! t ,A1 r FF t If a ilk ! . - C21 ?*If M.Yf Will yn ff Or _ CI _ rn MANTLN BLVD, I 1 i t22 C72 2i tty i~fsirq-' 151 20t,of s I ru y -1 xlrs.'J1b 211Y_ , IrL • I/ ?r' If _}I t~ 31• is =I' 12 I yrM r,. I I ~t IM 10 3l ~ I P I / aL.......... - Mot MOY roN raft/ ` r41 .2r'R' -h ~ . • wwioutl .rmt I 1 >fn / y MI 70.20' G~ IM it ~ ru/,' i~ . 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I7 tt_ tt 04~ ~~tti} AIL! : 01 !1 I laoo 701W and 0.110 ~ t t o M~,. r I LE SAGE COURT " ti~1,t law low 7o,ov trod / 1S 27 g Dg yq yg~ 21 12 24 y~ f I Iw.sr I n lr ttN07N'[ loot law law w I R I t t 7aoo• Moor 14.W II+I R 1+ ~ ~ I 1 M J1' A { i~-!t SS 34 11 SS Si St 'if 30 P J I Iw~l 41. ci? -Ctg Cit 111: 1O'' 1 t LS INCH SENERLNYE 11AN7LN BLVD. I ' wr , -la ~ tu.+r I I to 1 IS I II ~I 13 _ l0 111 g I T I j* law IIIJ7' 1tl ~i.at I - 70.10 M01 7aat' KN90~1.11 a ~ t sari. ~ lu.n• ~~11 ' * 11~ I S l .j 7 t/~~-,god} I I Q Is I A ~ ~ g a 1 La VISTA COURT tl 9R ' t11m' 1 = Mir mw4r S ~4 ~I 2 a ' tasoP Q i '+r 1 I 2 tat' I&W I 01 ' • MnwN~ Xcl tl ~ O BEVERLY PARR ESTATES to W t a OVERSIZED FACILITIES KAGS Row I EXHIBIT II { I•~'. ~j'a„~,.t,a til 10 32 X1 10 s o , OVERSIZE WASTEWATER BEVERLY PARK ESTATES FUND ANALYSIS WASTEWATER (bond) STATUS $(x1000) FUND SOURCE 98.0471-01 $100,000 TOTAL FUNDS $100,000 EXPENDITURES Beset Creek Estates Bid 510,800 Beverly Park Estates Eatinate $13,954 TOTAL EXPENDITURES $28,754 AMOUNT OVER!(UNDER) BUDGET ($73,248) - I • s i • 0 • fkr i y TTACHM9NT 11 O WORM I~70 ~_,HrI I A L I iY1rr1Q y tWItH l rr1uU~~I 98-Wr-U1 PROJ TITLE; (0) OVERSIZE SEWERLINES k ESTIMATEDCOST: $100 (x 1000] GROUP ASSIGNMENT: 7 DESCRIPTION: Money allocated to pay the difference in conrnuotion 006 101 Maeaaing a sanitary sewer line size from the minimum required design size ka6cated in the subdvIsW regulations to a largw diameter Nee size needed in the future for increased growth in an undeveloped area. PURPOSE: Subdivision to?Abons dIMIG the minimum requked sanitary sewer Uns SW for new devebprWil based on projected usage of a newly platted area. Outing Developmem Review, the City will agree to pay for adlid" costa to Woom the Develops s minimum requited saNtary sewer Ike size to meet kW""d vohxrtea of wastewater due to future grant of new Oubd olona and buNrNeaas In an undeYeloW afea ; _ I ENCUMBRANCES CASH EXPENDITURES BOND REV AID QTHER TOTAL BOND REV AIC OTHER TOTAL I TOTAL IST YR $100 so $0 $0 $100 $100 to $o t0 $100 TOTAL 2ND YR 0 0 0 0 0 0 0 0 0 0 TOTAL 3RD YR 0 0 0 0 0 O 0 0 0 0 GRAND TOTAL $100 t0 $o t0 $100 $100 $0 $0 $0 $100 ENCUMBRANCE DATES: Encumbered as spent. . PHASE DATE AMOUNT OBJECT0 General Purchase I I Goners) Purchase Inspection , Cahgrictim As spent $100 9138 Miscellaneous n q ENCUMBRANCE TOTAL $100 r41~ COMMENTS: ATTACHMENT III 3/21197 P.16 P9 ;e r,.,, , 0 l AGENDA INFORMATION SHEET Agenda No. L- O 2. Agenda hem d AGENDA DATE: Novembcr 17`h, 1998 I DEPARTMENT: Planning and Development Department CMlDCNIIACM: Rick Svehla SUBJECT Hold a joint City Council / Planning & Zoning Commission public hearing to hear comments regarding the draft Interim Corridor Ordinance. BACKGROUND A joint City Council I Planning & Zoning Commission public hearing has been scheduled on November 17'h, 1998 to hear comments regarding the draft Interim Corridors Ordinance. The draft ordinance is attached as Exhibit A. A map of the proposed corridors is attached as Exhibit B. The Planning & Zoning Commission is scheduled to make an advisory recommendation regarding the ordinance to City Council on December 2nd, 1998, The City Council is scheduled to take action on the ordinance on December 8d', 1998. If approved as drafted, the effective date of the ordinance would be March 15'h, 1998. The likelihood of mid-project disruptions would be minimized if given a 3-monti window ;o complete the development review process. The current draft of the Corridor Ordinance is identical to that discussed by City C,)uncil during the November 106, 1998 work session. Additions and deletions are highlighted in resr>,.mse to recent Council and Chamber of Commerce Task Force comments. The Board of the Chamber of Commerce has srbmitte3 its recommendation (attached as Exhibit C), which endorses the draft ordinance if Section J5417(bAS), which refers to "Limited Visibitity Land I is deleted. me draft ordinance combines a site plan review process veil- design guidelines to allow consideration of individual property features and development characteristics. According to the attached ordinance, f owners of property within a designated corridor must submit specific site plan information for P&Z and City Council review and approval. Unless accompanied by a request for a zoning change, planned development detailed plan, or specific use permit, the site plan review procedure would not require a public hearing and could be processed within a three to four week period. y WINIATED SCHEDULE OF PROJECT Joint Council / P&7. Public blearing November 17'h, 1998 P&!. Advisory Recommendation December 2"d, 1998 City Council Action December 81h, 1998 Proposed Effective Date March 15d', 1999 PRIOR ACTIONIREVIEW Original Formal: Regulated Standards (No Site Plan Review) January 1998 Corridors Ordinance scheduled by City Council 0 • e April 28h, 1998 City Council Work Session 19r~ May 13'h, 1998 Planning & Zoning Commission Work Session May 27`h, 1998 P & Z Commission Public Hearing and recommendation of approval, 4.1 slay 20' 1998 City Staff I Chamber of Commerce Meeting June 2"d, 1998 City Council Public Hearing I =am i I` 2' K 1C) 32XI❑ s , o ' E June 9h, 1998 City Council Work Session (Alternative public hearing notification) June 160, 1998 City Council Regular Meeting (Adoption of alt. notification ordinance) June 24 s, 1998 City Staff / Chamber of Commerce Meeting July 100, 1998 City Staff / Chamber of Commerce Meeting Jul), 240', 1998 City Staff / Chamber of Commerce Meeting July 18ih, 1998 City Council Work Session August 4h, 1998 Joint City Council J Planning & Zoning Commission Public Hearing. August I I'h, 1998 City Council Work Session Ised Format: Flexible Guidelines (With Sire Plan Revlewl August 25', 1998 City Staff / Chamber Task Force Meeting September 90', 1998 City Council Work Session September 240', 1998 City Staff t Chamber Task Force Meeting October 8's, 1998 City Staff / Chamber Task Force Meeting October 13", 1998 City Council Work Session October 10, 1998 Planning & Zoning Commission Briefing October 20'", 1998 City Council Alternative Notification Ordinance October 28 s, 199a Planning & Zoning Commission Work Session Novem'.,er Ie, 1998 City Council Work Session November 111°, 1998 City Staff / Chamber Task Force Meeting November 12a', 1998 Chamber of Commerce Board Meeting Approximately.1,144 acres of land %ill be affected if the draft ordinance is adopted, as per Table 1. An earlier table indicated that about 5,908 acres of land would have been affected had the original version of the ordinance been adopted. TABLE. 1. Zoning Categories of Land Located Within Designated Corridors Revised Format: Flexible Guidelines (With Site Plan Review) i T E 400 to W ; N N C ii rGl N y N Designated I I t. Corridor C7 u`1 3 Acres Acres °'o Acres Acres - 1.35W a-- -149 33% !48 - 5°'0 1 °io __4_.'F0 1-33N 8 - t7 179 0°io IB'2 -~0% 807 -60% 898 O Loop 268 - tJ _ 128 185' 186 27% 379 55% 693 Ilwy 380 F - - F 8 _4* ,a 97 50°/a 87 4611/6 Ilwy 360_ W - - _E___ - 16 B°rb 143 72% 39 20%0 - 198 11,A), 77 E 14 1 I''°ia _ b6 71/0 96 3 % 180 FM 2164(Locus) - E 62 65%0 32 34% 1 1% 95 • Sherman Dr. E -17 3104 38 69% 0 0% S5 , F't:i3TI{Teaseyl - I- _ 2~ 110/ 10 .4'0 80 38,10 ~f0 O (1S 377 (FL Worth Dr,) _ E 14 8°ie 69 40% B9 % i 7 TOTAL 614 0% 1,16 3T/0 19360 % ,U I Note: This tabte resets only portions of parcels local wit in slgnated corn ors re ecling t intent of the reviv:d draft ordinance. In addition. Hwy 380 has been reclassified as an Entrancevay and E. N1, Kinney St, has been dr d from the proposed Corridor list entirely. h F ' 2 0 32X Was I j 0 • I I I OPTIONS 1. Approve the ordinance as drafted, i 2. Approve the ordinance as recommended by the Chamber Board by deleting all references to the "Limited Visibility Uses." 3. Postpone ordinance action pending further review and revisions. 4. Remove the ordinance from further consideration. I RECOMMENDATIONS Staff feels that the draft ordinance represents a solid compromise to address visual quality issues for thoroughfare corridors on an interim basis. Standards should be developed for each corridor on an individual basis in the longer term, and Council should relinquish its site plan review responsibilities once the standards are adopted. The dialogue between the Chamber of Commerce Task Force and city staff worked well, and should beviewed as a promising conflict resolution method when similar situations arise. f' The draft ordinance does not contain any special review requirements for the list of "Limited Visibility Land Uses"; therefore, these uses will treated the same as land uses not listed. Staff believes that the "Limited Visibility Land Uses" section does not affect the technical operation of the ordinance. The format of the draft ordinance is specifically designed to address visual quality performance guidelines. Zoning and land use decisions that are made by Council must be considered as a separate matter, following state-mandated public hearing and notification requirements. FISCAL 1NFORNIATION By shifting from prescriptive Nandards that can be administered by staff to flexible guidelines that require City Council review, additional resources and time will be necessary to produce staff reports and process design review applications. Council site plan review is not regarded by staff as the best way to accomplish Thoroughfare Corridor objectives; rather, the review process is viewed as an interim approach that should give way to specific Corridor standards that are generated after the Comprehens;ve Plan process is completed, A-TTACH6tENTS Exhibit A: Draft Corridors Ordinance Exhibit B: Corridors Map Exhibit C: Chamber of Commerce Board Recommendation i Respectfully submitted: bav' ill rector of Planning and Development i ~ I 5XI0 T r 4 x• 7 01 o ' ~ E DRAFT CORRIDORS ORDINANCE Preparr-1 for Review during the November 171h,1998 Joint City Council / Planning & Zoning Commission Public Hearing lRevisions are Indicated in response to November 1V 1998 City Council Work Session comments. Uther revisions may be made as a result of review by the City Attorney's office.) ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENT ON, TEXAS, AMENDING CHAPTER 33 "ZONING" CODE OF ORDINANCES OF THE CITY OF DENTON BY ADOPTING ARTICLE XI "CORRIDOR OVERLAY DISTRICT"; PROVIDING A CLASSIFICATION FOR DESIGNATING ROADWAYS IN DENTON; ESTABLISHING A SITE PLAN REVIEW`.' PROCESS, ESTABLISHING LANDSCAPING, ARCHITECTURAL, SCREENING, OUTDOOR STORAGE, LIMITED VISIBILITY LAND USE, TRAFFIC CIRCULATION, AND SIGN GUIDELINES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR THE VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Dutton City Council has detcmiined that major thoroughfare corridors impact the community's visual image; and WHEREAS, the City Council rinds that it is in the public interest to insure that new developments in Denton will help to enhance the economic Pnd aesthetic environment; and WHEREAS, the City of Denton recognizes that the establishment of overlay districts and site plan review guidelines is necessary to protect, preserve, and enhance the visual image of major thoroughfare corridors; and WHEREAS, site plan review guidelines regarding Icndscaping, architectural features, setbacks, screening, limited visibility land uses, traffic circulation, and signage are necessary to evaluate the aspects of ptoposed development that affect the aesthetics of the corridors; and WHILREAS, the City Cauncil has conducted public hearings on the proposed regulations • contained herein; NOW THEREFORE, ME COUNCIL OF THE CITY OF DENTON, TEXAS HFREBY ORDAINS: SKMQ_N L That Chapter 33 "tuning" of the Code of Ordinances of the City of Denton, Texas is hereby amended by the adoption of Title XI, cntillcd "Corridor Overlay District," so that hereafter said • title shall be and read as follows: tD • See. 35-411, Short Title and Scope. This article shall be known and may be cited as the Corridor Overlay Districts Ordinance, This article is creating new distt cis wat overlay current zoning districts. If a conflict arises belwcen the underlying Toning district rand the provisions or the .'orridor Overlay Districts Ordinance, the i 4 i ~qq ofk~ ~ryt~,:. w. ! I 10 32J❑ !L l5i o , 0 provisions of this article shall 'ake precedence; otherwise, the rules and regulations of the underlying zoning district shall have full force and effect, Sec. 35-412. Statement of Purpose. The intent of this article is to promote the immediate and long-term public health, safety, economic stability and pricral welfare of the citizens of Denton by establishing regulations related to access and appearance of designated roadways. This article is intended to promote the following general purposes: 1) To provide a visually attractive environment for those who travel on the City's thoroughfares; 2) To allow flexible evaluation of individual site characteristics and proposed site design 1, atures that affect the aesthetic quality of thoroughfare corridors; 3) To establish a positiv. image for Denton that is visible along its most heavily traveled corridors. 4) To communicate a sense of order and safety to motorist and pedestrians through development of landscape design, access plans and structural treatments. i 5) To retain and enhance land values by creating a sense of visual compatibility along corridors. i See. 35-413, Classifications, 1) Gatewa)s: Gateway corridors are 1,000-feet wide overlay zones that extend 500 feet from the right-of-way center line rot the following litnited•access thoroughfares: a) 1-35 N; b) 1-35W; c) t-35 E; and d) Loop 288. 2) Entranceways: Entranceway corridors are 500-feet wide overlay zones that extend 250 feet from the right-of-way center line for the following segments of primary or secondary thorough farcr: a) U,S, Highway 380 from Primrose Street west to the city litt,its; b) U.S. llighwa), NO from 2uddcll Street east to the city limits; c) US Hwy 77 from 1.35N to Windsor Drive; d) Teasley Lane (FM 2181); c) Fort Worth Drive (US Ilighway 377) from f-35 E south to the city limits; f) Locust Street (F M 2164) from Loop 288 north to the city limits; and • g) Sherman Drive (FM 428) from Loop 288 north to the city limits. 3) The provisions of this article shall apply to property along the designated roadway that is within the city limits. As annexation occurs along the designated roadways the regulations t shall apply to the area annexed after proper zoning, S in 32XIG W.. th O i'hf'4TJB Sec. 35414. Applicability. 1) Tne provisions of this article shall apply to property located within designated corridors as follows: a) vacant Property: Any tract of land either platted or unplatted which has no development as defined in Section 3411 of the Code of Ordinance. An exception to this secticit is a parcel partially located within a designated corridor, where proposed new development Is exempt from the provisions of this article if all features of the expansion are completely outside the corridor overlay district, b) Developed Property: Any tract of land which has development as defined in Section 34-11 of the Code of Ordinances on which remodeling, redevelopment, or reconstruction is proposed and that would result in an expansion of gross floor area, parking lot area, or vehicular surface area. 2) Exemptions a) Active Agricultural and Ranching Uses: Property being used solely for agricultural, ranching, or livestock production is exempt from the provisions of this article, b) Single-Family Uses: Single-family residential development shall be exempt from the provisions of this article, c). Developed Property: Developed Property shall be exemp:cd on the following basis: 1) Structural Expansion less than 25% of Gross Floor Area less: When remodeling, redevelopment, or reconstruction is proposed on platted properly that would ex and existing gross floor area of the lot's structure or structures by less than tweaty•f .C (25) percent, the proposed activity is exempt from the provisions of this article, 2) Structural Expansion of Gross floor Area equal to or greater that 25% Gross Floor Area: When remodeling, redevelopment, or reconstruction is proposed on platted property, that would expand existing gross floor area of the lot's structure or structures by twenty-five (25) percent or more, the proposed expansion •~ill br -•ubject to site plan approval procedures described in this r1 article. An exception to this section is a parcel partially located within a dcsig ated corridur, whcm a proposed expansion is exempt from the provisions of ws article i f all femores of the expansion are completely outside the corridor ove, lay district. 3; Paving Improvements Only: When parking lot or vehicular surface area in provcmcnts are Proposed that would result in an impervious surface 0 expamsion of twe:dy•five (25) percent or greater, or would result in impervious surfac, reconstruction amounting to twenty-five (23) percent or greater, the rcquiremcnts of Section 31.7(1) shall be applied only to the area when the expansion or reconstruction occurs. This provision shall apply only when such improvements are not part of a structural remodeling, redevelopment, or 6 29 32X10 A as~xac O reconstruction proposal. Site plan approval is not required under these circumstances. lmpen iouy surface resurfacing or repair, which does not involve removal or reestablishment of pavement sub-base materials, is exempt from these requirements. 4) Expansion Cumulative: In determining the percentage of expansion of developed property concerning gross floor area, parking lot area, or vehicular i surface area, the calculation shall be based upon the size of the development at { the time of the effective date of the ordinance. All new development after the effective date of the ordinance shall be considered in the calculations. Sec.415, Site Plan (a) Prior to the development of vacant land, a site plan application must be submitted to the { Planning and Development Department containing sufficient detail to indicate that each of the Corridor guidelines has been addressed, The site plan shall be referred to the Planning and Zoning Commission, which shall make an advisory recommendation to the City Council. The site plan must be approved by simple majority vote of the City Council before a building permit may be issued for the vacant property. Publie heaOngsshall•be fequiFed es' . The site plan required by this article shall be submitted by the time a building permit application is filed The site plan may be submitted as part of an application for a zoning change, a planned ) development, or a speci fic use permit. In the event that an applicant does not wish to submit a Corridor Guidelines site plan application at the time a zoning change is requested, the required site plan may be reviewed by the Planning and Zoning Commission and City Council separately at a later date, (b) A Site Plan for developed property is required when the property is not exempt under Sec. 35- 414(c) of this article. See, 35-416. Site Pima Information The site plan required by this article shall contain the following informatiom I (1) Plan View. A plan view, to scale, shall be submitted identifying the location, size, and identification of all proposed site improvements. (2) Landscaping, All proposed landscape materials shall be indicated on the site plan, with notes indicating consistency with the City's landscape ordinance, (3) Architectural Malerials. Proposed fu~ade materials shall be identified on the site plan, including the color of proposed structural elements, (4) Fagadc Dcsign, An tlcvalion of the front fagade shall be included as part of the required site plan submittal. (5) Screening. -the site plan shall include the location and visual characteristics of all materials p • used to screen or bu4cr structural features That project above ground level or beyond structure walls or roof lines. (6) Mechanical equipment. Mechanical equipment including but not limited to the following. satellite dibhes, air conditioning units, antennae, and other features shall be iucntificd or the site plan, and owner shall provide how mechanical equipment will be screened f:-om section 7 - ''T i.., F a 0 yea of the thoroughfare directly adjacent to the corridor property. Owner shall also show how any { roof-mounted equipment will be integrated into the architectural design of the structure and screened from view. (7) Service Days, Loading Docks, Rnd Drive-In Lanes: Vehicle repair, service maintenance bays, loading docks, and drive-in lanes shall be identified on the site plan. Owner shall provide information as to screening of any bays and docks and drive in lanes or windows on any structural wall that faces directly toward the adjacent thoroughfare. (B) Traffic Circulation, Site Access and Parking: Site Access, traffic circulation patters, off-street parking, and all impervious surfaces shall be indicated on the required site plan. (9) SiZ +ge: Sign details shall be provided in order to determine compliance with the requirements of Chapter 33 of the Code of Ordinances, "Sign and Advertising Devices." (10) Limited Visibility Uses: Provide details as to the screening efforts of any "limned visibility u;tes" as listed in this article. (11) Sit^ Information: Acreage, land uses, water and drainage, utilities, sidewalks and bike maths information as defined in Section 35.176 of the City of Denton, Code of Ordinances stall be identified in the site plan, Sec, 35-417, Site Plan Review. The council may approve the site plan submitted by the owner under this article if it finds that the site plan: ~I (a)Provides the inrorme;on required by Section 33-416. (b)Would be compatible with surrounding properties and further the purposes stated in Section 35.412 of this article, In considering whether a site plan is compatible with surrounding properties and further the purposes of this article, the commission and council shall consider, but are not limited to considering the following guidelines. I (1) Landscaping, Compliance with the landscape requirements of Chapter 31 of the City Code of Ordinances. (i) Plantings: In meeting the requirements of Chapter 31, "Landscape", City Council members will evaluate the use of landscape materials to improve views of the propert; from the adjacent thoroughfare and how plantings are used advantageously for screening or buffering purposes. (ii) Open Space: Whether the plan has open spwc along the ndjaceni thoroughfare to provide trees, shrubs, groundcovcr, and other plantings for aesthetic purposes. The reservation of a 25-foot wide landscape buffer adjacent to the public right or way is the preferred area of open space, (2) Architecture. Q (i) Alateriels: The exterior walls of the building facing or clearly visible inmmedialcly adjacent to the corridor should be comprised of wood, stone, cast stone, stucco, brick, limestone, granite or a similar appearing natural or crented 1 masonry material. 7ill•wall construction is considered an acceptable form of masonry material. Metal-clad structures ate ' mi typically considered 4 I - r 32 x r8 1 t~ PPlie~ 0 l I appropriate, but unique arctdteclural design using metal facade dements can be approved as compatible, Glass used in windows and doors should be consistent with structural aesthetics and the extent to which views of interior uses are appropriate. Facade exterior glass should not exceed a maximum reflectance of 20%. The use of altemative building materials should be consistent with the appearance of the materials listed above. (ii) Colors: Colors should demonstrate respect for neighboring properties, and j should not be intended to serve primarily as an advertising device. (iii) Design: The dcsigv of each structure should include relief to front wall and roofline, Single, unir,Ierrupted surface planes arc discouraged, (3) Screening, Worts to screen certain site features should be undertaken as identified in this article. (i) Mechanical equipment: Mechanical equipment, including satellite dishes, air conditioning units, antennae, and other features should be visually screened from view from the segment of thoroughfare directly adjacent to the corridor property; roof-mounted equipment should be integrated into the architectural design end or screened from view. (ii) Service Bays, Loading Docks, and Drlve•in Lanes: Service bays and docks, and drive-in lanes and windows should not be located on any structural wall facing directly toward the adjacent thoroughfare unless modified through the effective use of screening elements. (4) Outdoor Storage Areas: Outdoor storage areas are defined as any area that contains trash collection areas or dumpster refuse containers; outdoor loading and unloading spaces; docks or outdoor shipping and receiving areas; outdoor storage of bulk materials and for parts; or areas regularly used for outdoor repair, outdoor storage areas of senice stations, motor vehicle dealers, or inspection stations. Temporary construction and related activities are excluded from this definition. (i) Outdoor storage areas must be screened from public rights-of-way using live evergreen screening plants, six (6) feet in height at installation, spaced no more than eighteen (18) inches apart, edge to edge. The use of a fence or wall is considered compatible for outdoor storage area screening, provided it it a! !cost six (G) feet tall, opaque, and of masonry, stone, or wooden material, or of the same material as that of the principal building. Earthen berms may be used to meet the vertical height standards identifcd in this section. If dumpster enclosure openings face public rights•cf-way, they should be gated. (5) Merchandise Display: The exterior display of automobiles, trucks, construction 0 equipment, trailers, or other vehicles for the purposes of sale or lease, with the p exception of junkyards, must be in compliance with parking lot and vehicular surface area landscaping requirements. The exterior display of living materials such as Christmas Irces, pumpkins and flowers and similar living landscape plants may be visible from the adjacent thoroughfare, but the principle intent should be for display purposes and not outdoor storage. and the orientation of the display should face the 9 "1 y I r • 0 adjacent thoroughfare. Other types of displays will be Mnsideted'on an individual basis, evaluating the visual impact of the prop6W display and the extent to which the display serves a storage flmetiom (6) Traffic Circulation, Site Access and Parking. (i) The site plan should allow a safe and efficient flow of traffic in and out of the property to maximize the capacity of the roadway. Access management principles should be employed to minimize congestion of adjacent roadways. Issues such as comer clearances, driveway spacing, joint access driveways and parallel access roads should be addressed in the site plan. Site plan information should demonstrate that transportation impacts have been minimized while providing necessary site access. (ii) The extent to which off-street parking or other paved areas are located adjacent to a thoroughfare should be limited. Op:n space and landscape plantings should bQ used to soften the impact of paved areas visible from adjacent thoroughfares. Large expanres of uninterrupted pavement should be screened from thoroughfare views. (7) Signage. (i) The site plan should adhere to the requirements of Chapter 33 of the City Code, "Signs and Advertising Devices." A sign district should be established as per Section 33-254(2) for corridor properties that have more than three hundred (300) feet of continuous thoroughfare frontage. (8) Limited Visibility Uses (i) Specific "Limited Visibility Land Uses' have been identified as potentially incompatible with the visaal quality objectives intended for the city's major thoroughfare corridors. The site plan should screen or make visually compatible all potentially visually incompatible site features of "Limited Visibility Land Uses" from corridor view. (ii) Limited Visibility Land Uses include: Primary Residential Uses 1) Trailcr Camp or Mobile Home Park Educational, Institutional and Special Uses . 2) Correctional Facility Utility, Accessory and Incidental Uses 3) Electric Generating Plant 4) Electric Substation 5) Electrical Transmission Line 6) Private Utility Shop or Storage Yard 7) Public Building, Shop, Yard of Local, State, or Federal Govemment 8) Sewage Pumping Station Q Q 9) Sewage Treatment Plant 10) Telephone Line and Exchange Switching or Relay Station 11) Water Pumping Station or well 12) Water Treatment Plant 13) Drag Strip or Commercial Racing 10 ?5 32X ti 0 1 14) Fairground or Exhibition Area 15) Go-Cart Trask 16) Sexually Oriented Business Transportation Related Uses 17) Hauling or Storage Company IS) Motor Freight Terminal 19) Railroad Freight Terminal 20) Railroad Passenger Station 11) Parking Lot Truck Automobile Service Uses 12) Auto Wrecking or Salvage Yard 23) Tire Retreading or Capping Retail and Sewlee Type Uses 24) Household Appliance Service and Repair (Outside) 25) Secondhand Store, Used Furniture or Rummage Sale 26) Tool or Trailer Rental Agricultural Type Uses 27) Hatchery, Poultry 28) Livestock Auction 29) Livestock Feeding Plant, Pens, or Yards Commercial Type Uses 50) Contractors Shop and Storage Yard 31) Heavy Machinery Sales and Storage 32) Petroleum Products Storage-Wholesale 33) Storage and Sales of Furniture or ApplianQes Outside A Building 34) Trailer Rental or sales 35) Mini-warehouses Natural Resource Storage and Extraction 36) Petroleum Collecting or Storage Facilities Special Industrial Processes 37) Asphalt or Concrete Batahing Plant 38) Brick Kiln or Tile Plant 39) Cement or Hydrated Lime Manufacture 40) bump or Sanitary Fill Area 41) Mixing or Sale of Concrete 42) Open Salvage Yard for Rags or Machinery etc. ! 43) Smelter or Refinery C, Failure to fully comply with this article should not be intended to avoid existing development regulations or gain a variance from code requirements. In making its .1ctermination to approve or disapprove the site plan, the council shall consider each site 3c aratcl site plan re~ v'ew i City Council ss Intended to be flexible and P Y P discretionary, . taking into account individual site conditions that may affect visual characteristics, including: ! ! a) Topography b) Adjacent Land Uses cl Existing Structures d) Existing Vegetation e) Proximity to Adjacent Thoroughfare 11 r a` 10 32X10 ..w. NSA MRAMRA111% r OWN" c i` +sva~s 1 t) Site Size g) Site Shape h) Intersection of Designated Corridors i) Easement or Dedication Requirements SECTION, That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding 52,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. l SECTION Ili, That if any section, subsection, paragraph, sentence, clause, rhri-A nr word in this ordinance, or application thereof to any person or circumstances is held invalid by Pay court of competent jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and the City Council of the City cf Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity. SECTION LL That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, claLses, and phrases of Chapter 3t of the Code of Ordinances shall remain in full force and effect. SECTION V. That this ordinance shall become effcclive on March 1 Sth, 1999, and the City Secretary is hereby directed to cause the caption of this ordinance to he published twice in the Denton Record-chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of passage. PASSED AND APPROVED this the _ Sday of Klatch , 1999. I , ACK MILLER, MAYOR P ATTEST: • JENNIFER WALTERS, CITY SECRETARY q I i ' I O • APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY ; jo~' BY: 12 , I Vol k.~~' 25 x ❑ 32 x oft ~~r_ r ~ YrgPll ~ yid, , 1 M, F~ Z } 3~ ,i IT g _ 0®1 'r 88 '0 z I llt C ' ~y i o TI o~ lr . j '~1~~T_ 25'10 3 10 25X I [I] u I I I EXHIBIT C i I I l cNUMSln of COMMERC! I November 12, 1998 I Mayor Jack D. Miller Jack D. Miller It Associates, Inc. 2324 Shenandoah Trail Denton, TX 78205 Dear Mayor Miller, I We appreciate the opportunity to work with you Dnd the City staff on the proposed Corridor Overlay District Ordinance, We feel this experience was constructive for both parties, and we are optimistic about the results of our mutual efforts. On November 12, 1998, the task force reviewed the proposed ordinance with our board of directors. Although there are several points that remain questionable, our board voted to endorse the draft of the ordmance as presented by the City staff and our task force, with the exception of Section 35417, Subsection 8, pertaining to Limited Visibility Uses. ' The unanimous opinion of the task force and consensus of our board is that specific uses can be effectively controlled by the City Council through previous existing sections of the ordinance, especially with the Site Plan Review process. We would respectfully observe that denoting specific business categories could be offensive to some people, and could create an unintended negative irrlage of our co.,lmunity. We strongly suggest that Subsection 8 be removed from the ord;-rance. By virtue of our voluntary participation in the chamber, we share your Interest and i commitment to preserve, as well as create a community In which all Denton citizens can live, work, learn and play. Because of this, we would like to become Involved with you in the process of developing ordinances well before they are put In draft from. Many of the recently approved ordinances, as well as those being cunsidered, will directly Impact I most of our members. 0 As you know, many of our members generate local sales tax revenue, provide at least half of the local;obs, and supp ament the local property tax base. We feel it Is In our mutual best inlerest to work with you in the early conceptual stages of developing these { ordinances. Thank you fcr your consideration. i pectfully, Ceorge . ighG Tony Clark f Chairman of the Board Chairman-Elect of the Board f 14. pw~ awwg 111 PARKWAY P.O. DRAWER ► DENTON, Ir"0 71102.1711 "IP7.96011 i U ~r 8-~ AGENDA INFOR7,11ATION SHEET iM0*hm _ AGENDA DATE: November 17th, I99g I DEPARTMENT: Planning do Development " CN1lDCMlAC'NI: Rick Svehla I SUBJECT: Hold a public t raring to hear citizen comments regarding the Drall Growth Management Strategy. 111AC'KGROUND: On Oclobcr 7", 1998, the University of North Texas Sunny Research Center completed a random telephone survey to gauge the City's notions regarding Growth Management Issues (Survey Summary-Exhibit A). Based on this iniormation, guidance from the City Council, and consensus of the public during the Alter, alive Development Scenario's public meetings, RUST4 IOK and Renee Jaynes were contracted to prepore the Growth Management Strategy for the Comprehensive Plan. Representatives from IIOK and Renee Jaynes presented the 1vrpr Growth Management Strategy to the Council at their meeting on November 106', 1998. the Growth Management Strategy (GMS) is intended to esti Nish community objectives regarding future land uses and dcvclopment actlvily in the City, and: ♦ The GMS will serve as the cornerstone of the City's Comprehensive Plan. • The CiMS rrovidvs for a 20-year timcrii to foreca t g-owth and determine how the community ' will respond to dcvclopment pressures. ♦ 'l he GMS provides a forum for r-blic discussion to allow citizens to discuss the impacts of significant growth anticipated fo un es.lended period of time • lbe GMS is intended to be adopted by the City Council through a resolution, and may be allered as the Comprehensive Plan process unfolds in early 1999 The U% contains the following research, aformation, maps, and options for the City's growth management: t Otu"th Management Assumptions 0 i'nf'erred Development Scenario 0 Identification ofUrov th Management Issues 4 Clrowth Management Strategies - Research Findings 0 Urban Containment Stratcgi.,s -IN e Infrastructure Planning,'timing and Pinar ',g 3dalegics 0 Con munity Profi lei of Growth Morngement.lechmolucs in Praslice • e Grow th Management Strategy Recmmncndations Preliminary GN1S conclusions include how the City will manage growth, such as: 4 LOCATION .if land use,, is ill he strongly rrmagcd, but equal distribution of grt..,h to various sectiora of tlx city will not he strongly mantgcd. I ♦ QITA I.11 of development will be raongl•/ managed. ♦ TIMING of dcvclopment w oil be rranagrd to the extent that public services And facilities are available to assure adequate levels of sr mice. • QUANTITY of growth will be accommodated in proportion to market demand, but only if adequate sen ices are availobla 1 ili+ information will be presented to the community at a series of i I community meetings, culminating Ina Community Workshop led by staff and facilitated by HOK(R.ence Jaynes, During the meetings, we fully expect that adjustments will be mad to the map and we will begin to narrow down the options for 01 Management the City wishes to pursue. City Council members and Planning & 7.oning C'ommissioncts have I sued 103 c'. my ixaurKnp mcw1 irrimv Pilo,(' AN II-17.'1 on(M%d,K Pop, I - r, 5 10 32 Ida ~~ra, 2 x s 1 V 0 imitations to the Community Workshop planned for Saturday, November 14a. With City staff representatives, consultants And additional community members, we anticipate approximately 150 participants if all imitees confirm their attendance. Staff will have presented the Growth Management Strategy at I I community meetings, I City Council work session, 2 planning & Zoning Commission meetings, and 8 additional meetings up to this November 17`b meeting, as well as a community workshop. Exhibit "G" includes a synopsis of community comments received at all these meetings. Generally, the public, u ith comments and reservations indicated in Exhibit G, has favorably received the Draft Growth Management Plan and Strategy. Approximately 135 people have attended the community meetings and the workshop up to November 121 . OPTIONS: Options available to the City for Grouch Management are attached to this report as Exhibits 13, C. D and E. RECOMMENDATSO S6 Recommendations to the City for Growth Management are attached to this report as Exhibit F. FSIRMATED SC'HEDULU PROJEC'L This task is expected to be completed by early January 1999. The following schedule details specific meetings and public hearings for Growth Mar Bement Strategy review and comment - - Cbitttl?vTt'S'h(EFt1Fi, 6AfF:s:- - St riplure I Malnne Ares Ray enr i'lem. (ere brie Mnn. (M. 26th 7-S lopm of I1(t) hlahme W its Neighborhood l Solrthsal Area Dnmu n l.Ic m. Carcteris Ton. Oc4271! 7.6100m 00 1201 Psrvln Nar(hrea (ltntall Ares N'dwn I Ism ('dcmris Thurs. Oct. IVth 7.8 30tim it I to t I rvru,n ` mock Pork l I bentom Ara I to Elem. Csrctsds Mon. Now. 2nd 7•8 ,30pm of .110 hInk Pine I NO Urmlon / l"14 Ir. %elahborbood hh X Rev ('cntcr luhun A luea No Jrd 7-8 lllpm of 1 110) w i i. Ni i SnWbri0lit %rlphborboad Area Itouoio. plcm. redracria Wed. Nov. Atli 7.1 30pm er 3100 r^arley Nnrlh I Atli I `arils nruton Area NINIh I a,,,;tsc Centcr IS Uri. Sat. 5th 7•x topm 240 'A windmr Ilomuloom Arts v oy Council('h,nKn Sol, Nov. 71k Ioarn-Apm/ 211 I'. McKinney , lbtkoq ( reek I For South site x6Nulr Clem dulcrla Sinn. Nat, 91h 7.1 30pm of 1212 1tidin) C rch Rd Northestl Ares I lat'It 1'. Icm. C+ h to ris Th Ili PC Nov. tl6 1.1JDIof IWO Oranl Pkoy. i I bnuuonity nude worktmup (ShILIn Middle Sslnnd ('are 4601. Nat. 11th gam lpm .1 plcrtr list P (046111(-x110 Tun( unpleer !'1 1\NlNG ('0,11UiS;+IUV d C'I I'Y (OI'NCI[. MF E'UNG DALES: ii plsenlnJA, 7n Mips ('omminlna Work Solicit Oly 11211 Wed. Oct. 11* 130pm , I ( icy r nnncl! (cork Seldom my Ball Tort. Nnr, IQ" 6lnlpm .1 plon"Wo A Xaning Cemmlrsle" Puhlle Ifterlmg t'ay 11011 q'ed. Soo. Ill J-10pen If itt (buucil Pti IratIng CIII Ilan Toet. Nat. 11" 600pm t It) nundl arlefas Cay I loll Tues. bee. 1S" 6.00pm Pie NMIa0 A to at as Corm mtrtbn Public llarlmg ('ily Hill VA Pd. ate. 1611 1 lapin 0t) ('nonell Puhtir Ifeaelmg A PoWl Adopnnm City I loll Ton. Js n. S» 6 (10ptti (Srm ad Publit We rink It it edrdl 1 try ( munell Public Ilesring A pot lbte Adopaoa ( u) Hull ton. Js A. IV" 6 f0pin kl)D1'11ONAL MEE7ISO DA1 F'S: DIS91 C Jolml Metttng DISH Wed. Oct. 13e 124pm public I HIII, li scn k c('rnltr Mon. Not. IN 9 (N)om J Tromc Ssrriy ('empl om CHIN Man, Not, IN S 000 Srnlor( Amite Cn I, ('eoltr rark Ton. Not, Ss 13cpm / reed More ('emler rod M,nri Cenlu Thors. Nst. S" 12 D0pm / 1' mlrunmcmd Committee ItNI Wi it. Not.)" 2(lopm .1 I Pak Need tlndeltrmintJ Mall. Not. 16" 6 001 DIM I (sAdrd mrrlingl aIS11('arnt Sen ices 1 on. Nor. Ja 1 oopm cNiIth,cunxvlrM(ill lir(iMS-p11S 1'AI4 I I - f 7.91 an❑MS d,v Pere 2 t.s... n~. /.7 'r. X 32 Ira • S , PRIOR AUIONIUV1EWt e,vw YrYmra During the August I 1", 1998 Work Session, City Council indicated support to ."m execute administrative change orders in the Existing RUSTIHOK contract City reae"In Council approved Change Order q2 at their November 2nd, 1998 meeting. The change orders were needed to allow smooth transition from the development of the Preferred Development Scenario, which is a land use and land density *=mh mapping "guide" for future growth. The Growth M anagement Strategy defines opportunities to achieve the Preferred Development Scenario. The Growth Management Strategy fits within the overall Denton Plan process proposed by staff in June of 1997. The relationship between the Development Scenarios, Growth Management Strategy, and the Comprehensive Plan is indicated in the adjacent chart: FISCALINFORIIIATEONe Approximately $33,263 in unspent funds from the original RUST/IIOK I, "~uaarur contract is available for the Growth Management Strategy contract amendment. An additional $37,847 budget is earmarked in the 1998.1999 budget to pay for ,vas. the additional services needed, resulting ' In a total of s71,I Io to complete the rr.In.r.rr Growth Management Strategy. Staff has prepared administrative Change Order pl to allow work on the revised scope of tasks. At Council's November CNLiI W 4 W 2"d, 1998 rleeting, statTreceived authorization from Council to execute Change Order N2 to complete the remaining tasks in the revised scope. MAP; The attached map, Exhibit A, indicates the Preferred Development Scenario for the t~;ty. It reflects the consensus of public meetings, development scenario s drveys, growth management telephone urvey results and the adopted Iknlnn Plan policies, The illustration is intended as a "guide" for the future comprehensive land use plan development and indicates general land 1,se, transportation patterns, floodplain preservation, open space and parks, utility service areas, as well as other features. Exhibit 11 indicates population and land area use that the plan assumed. Respectfully Submitted: i Uavr~hl. Fldl Director Prepared By: r s a v 4lcFlcth i Comprehenshro Planning Manager EXIII[1['[.~1 ' Iixhibit A LINT/SRC Survey Summary Exhibit n Preferred Mvelopment Scenario O Exhibit C Growth Management Plan Assumptions 0 Exhibit 1) Growth Management Strategy Report Fxhibit E Community Profiles of Crumb Management Techniques Exhibit F Growth Mansgement Recommendations Exhibit t9 Information Lpdates - Growth Management Stralzg,l Meetings i i i MytxcumaIlwN1C'HIf1UM9-I'm54x'A151t•17.99M6kt9.dor nlpr •)E Ilk 11 32XIO 0 ' O c1~Y :e I I lifitirSt oTl/fR Q(/F!T/_ O1V~__ ro PUBLIC sans NIEETp~mm wy INO DATES 'Two questions may Indicale how residents 5cripturalMa' mAree Raytor Elam, Carstels 1 , I The De Phan responded inwards the use of growth Mon. Oct 26th,7.810pm • r 1400 Malone _ tl management techniques In Denton. } f I benia N•lghbodwod t aouthwaal AM eomuh EN1iC ; ` y l r l r _ - I Respondents were asked H the city should dill 6 l; » X primarily manage growth by controlling the ~Y[ak.v'a r~r ~i,4zi',"~4tp M ff~ , r uanti location, or rate of growth. I - dfOW >G Oa'1011t r q ty, quality, Northeast Demon Area Wilson Elam Carriers I Sixty-one percent of the respondents stated Thun.Oct. 2907 8 30pm r, that qualify was most important. 1501 Emerson < ;I - a'` $tf~tt1~ +yArab-' Mack Part I tool Denton Area 1 y ! LM EltK CahMds - : • w r , Fp^ assn too% Mon Nov. 2nd, 1440pnr ar.':..+" 800 Lack Pike , e0% Eal Denton I N, I.C.E. Nslghborhood MILK Rae Center Room A so • a Tues. Nov,3rd, ?4 309m 60% N r' 1300 W Ison 40% aouthddgo Neighborhood Area Houston Elam, Cebt3tia r 20 3% Wed. Nov. 4th, 14:309M 20°ti to 8% r ox - 3100 Taa1sY North Lakes r North Denton Area Nolh Lakes Re: Cartier 0% Thurs. Nov. 0th, 74:30prn 0&lly Rats Location 0uan91y 2001 W Winded 1 Preferred Method of Controlling Growth DownlownArea Gty CoundtChamban e4 ti sal. Nov. 7th, 110om-12pm Respondent were also asked how much 215 E. MclOnney r ~J t rJy * id;'ti '?,lv ~"At~',~ r I \ y)S t >ti3 'y`rr,y, IA Y.J ~ Far south Aro McNal Elem Cal.fedo "t I, control or growth should the cRy exhibit. Hickory Creek 1 ; 55,7% stated that Denton should maintaln at Mon. Nov, elh, L630pm r•, ,.N 1212 Hickory Creek Rd ~ least a medium amount of control of growth, fit Satins alArea Nodes Elam. CafeWla 7 a t~4 r t x ' !fly •ti4t 1 with an additional 29% favoring a high level of Thun. Nov. 112th 144M growth control. 31 Grant Pkwy. L tii P 1v 1'v w 60"/. Community Wide Workshop CaToo,m Middle school Pisses RSVP (940) 3404350 set. Nov, 14th, 0arn•3pm { • ~ 7~r~% y+~ 4 50 % 55 7Ne 709 Congress 5 ii Iy } F z .yt 4 ?1 30% 20% 1i 9'R ,,,yr Your Comments are Impoelantt The City of Itenlnn Is A Summary of Results 10% always seeking rewidem's opinions. If you would like to 0'6 comment an the Denton PLn, the Crowd, Management a Da"Jisped by1 High Medlum Low Not Strategy, or see the full results of this report, please contact City of Denton Planning and Involved0 the Planning and Development Deportment M the following • MI location. Development Dspartment Preferred Levet of Growth Control by City i Survey Research Center A final question asked residents if Donlon The City Of Drnton a should encourage several different types of Planning and Development Derailment University of Hoe Ai Texas housing Single-Family Homes, Duplexes, 221 North Elm Street Condominiums and Apartments all received a Dcnlnn, Texas, 76201 HOK / Renee Jaynes majority or "encourage' responses than Vofre: (940)349.11390 Pau 19401 349.7707 Planning Consultants "discourage' responses, Email: Paco uk®rigofdcnlon.rum W'W'Wr hup111www,rfdrnlnn.G,us EXHIBIT A Q° 9Ys•@' yI".M. 7, h , . " 1 s 'F'4+ ra'~i1F"~ W If lI 0 , .mwaaa Q WHAT /f TH/f f URVFYr~ Interpreting the Results Respondents were read the statement more residents agreed with the and then asked whether they strongly question. Questions ware separated Into disagree, disagree agree, strongly The City of Denton contracted with the Survey four characteristics of growth agree, or were neutral towards the 402 responses were taken by Research Center at the University of North management: statement. Responses were rated Interviewers. The sample Texas (SRC) to conduct a survey of Its citizens a Quality -What type of uses from t to 5 added and avenged. represents the opinions of the City to get their Input on City growth. The City of end what they look tike. 1 a Strongly Disagree 01 Denton with a margin of error of Denton Is In process of developing a growth a Quantity • How much growth Disagree strategy to guide future Increases of population occurs In the City. 3 • Neutral Locellon • The specific 4laces 4 m Agree and construction within the city. The purpose of a S • Strongly us the survey was to gather citizen Input regarding where growth may occur. The average score Indicates the the amount, location, quality and liming of growth s Rate • How fast or slow _twth relative agreement or disagreement In Denton. Surveys were conducted during the occurs within the city, residents had with o particular month of September and Included citizens within question. The higher the score, the Denton city limits. //uW wAf /T comucapp Quality of Growth s air Quantity of Growth a V3 The questionnaire wtd developed through visual quallylaankmponanlissue so " Growth thalsupports the cltys rs4,g7 cooperation between the City Council, city staff, addressee room oaun unlwrel0eaanould Is122 ur.ms HOK I Renee Jaynes planning consultants, and ly il-M,menlanouldimproveblighted 4.05 oowmehould)econtrod to 343 staff from the SRC. During the first couple of or dots roraen areas benerldallincome groups New business and Industrial development 4.03 The dye, boundaries should expand as ! weeks In September, 1998, trained Interviewers will improve he local sconom neaua 10 aoconnnodata used a process called Random DIgl1 Dialing city government should take a more active 3Ae rowan conbon will prated 014 (RDD) to call residents of Denton. To ensure roleln rolectln theporonmenl tiro responses werr from residents of Denton, a filter New Industry is needed nNde the city to .73 A Vona between me lumber new 4 question was I%ludod. As the interviews were wean more local robe and improve he tea homes and businesses should be base achieved conducted, responses were entered into a The ay should use rnandollnana+esb 3.00 Nonresidential growth would improve The 3,31 computer dataviase and compiled Into a final altrad raw business and Indu,lrlal ached district's tax base report. dove anent Taxes will tnueue room y controlad 066 If =1 y development occurs, jrcwth 2,64 Growth ooneds w it discourage l Al individual responses were kept strictly wto be controlled Investment • confidential and only used as entered Into the Location of Growth "o'we' Timing of Growth Mer"ll first report. Soon am la al plan is necessary to delpnine where To sceonarlodals IKPK d growth, made , 7'. WHAT /f T/1E IVt'XT f TPPp dirfennl land uses cod be allowed and uVillss should be extended using e ; The City she eaten rods and vullau G reds J The results of the survey were forwarded to staff to areas who r a e ed We end ueusu anduld w exb { and the City's consultants working on the Growth owlh Sher be dutn aveny when demanded bygrowth eho." 5 Jr,hti, v • throughout he ciw ld developers Management Survey. The survey is only a ad • growln ttlows dy urvk»s b w vek>prtMnl exenbwe would t portion of the public Involvement process the City wooded more efrohnd epproi lo encourage dewlopmen trr , t H 4sy is using to gauge how the residents of Denton 114 Mora emmldnt a contra where he armed wowlh anal t would like to see their city grow. Through a d owl than lo contra now rut n rows Thai roe in berme bath 3.50 series of public meetings located throughout the more Iniene, tilgher denuy mvdopment 3. 0 people end bulldt . IholA be , cit, a commun4y-wide workshop, continued should be saowed0rosdsandusllau controlled y aren't ow tx rdened Outlying emu should to annexed b a written and verbal comments by citizens, and types an wu ahould wen in prevent unconhow growth at IM oiye public hearings, the final Growth Management thed e Strategy Is determined I (11 Igji 7--=11112 0 O 14 END R~.. 6a OAAkA 09M/LY IWft ■ HfGAi.'~D Aar4 AO,iWP1EMIiYT Lv AH/LTl AfIN/tY W /WA1 *Vr Pb~tYm Ltf/ R/p/RM'aY/ [L-~1 ~ ~f awMe/ AO(V~LY l~ ~O!/ V ` 4V w w AAA a / A V \ / . N Mr 7 MI N M 4 n MIS AAM% .I II bt /MU i['N h. ENV MM IiPI MN M. ti,~, i A~ K4 M11~ ~ fI _ L THE DENTON PLAN ' DES•T0S, TEXAS C1grrfbrMnn Oi I) 11; 1^"Pt i EXHIBIT B FO 1 I '44 ~ i ILMLGMAML i . I I ~ I I 1 N L~4LhD /u71IlL! RJ LDf~pc /SM'! FOTf i ~!L/TUlt R[fel N7M[ hfq..'toy'ppD LIMIlf Ri r ~ Q tY~f TM1C RLS/Dl.~YML /J77LtN - I ML/F 17/F.wLY I!lf.1"LNTiAL 4~~~~ L1lNNfIC/LL ~ D G✓fMG/MR'LO L/SG i ~ - L] uW+T nvouf of ut RJY ALV.tlJ [~~r /NJI/TU7lL47L( J 109 I-1 IMRf /dlN f/srt ! ~!+*iu Ia iiLr7r IFR//✓/6.yleN/LC7' _ .1 Lb✓nYOUN/uNn 'MIiTY dn7Frc tf ~ 4-1 AAe t. r t~ - 4 1\ v THE DENTON PLAN n • ❑nifbenlnn EXHIBIT 8 PG 2 I • 0 I i CITY OF DENTON GROWTH MANAGEMENT STRATEGY Based upon the preferences express A by the citizens of Denton at the community meetings held to present tee i alternative development scenarios, the following Draft Growth Management Plan is being presented to initiate further discussion as to the direction that future growth should take In Denton. The plan combines many of the ' concepts from the alternative development scenarios that received favorable responses at the community meetings, including the development of "neighborhood centers", "urban centers", and a strong Industrial district within the City, while encouraging the restoration, redevelopment and infiil of parcels in the downtown I BASIC ASSUMPTIONS The following are the basic assumptions of the Draft Growth Management Plan: I ♦ The Planning f lorizon is for the year 2020, s The estimated population In the year 2020 will be 213,000. s Ilia City intends to accommodate the additional population that the market dictates. • The Land Use Mix in 2020 will be the some as currently exists for all uses except institutional and industrial. ♦ The Zoning Mix in 2020 may or may not be the same as currently exists, a Denton will continue to encourage a range in housing types and densities in order to respond to the needs and desires of its residents. • Average residential densities will be the same as exist today. s lhore will continue to be an average of 2.8 people per SF residential unit end 1.8 people per multi-family unit, • The average 5F lot size will continue to be 10,000 to 12,000 SF for Residential lots, which corresponds to S current development patterns. s The average density of Multi Family development will continue to be 14 units per acre, which corresponds to existing development patterns. ♦ The minimum lot size for SF Estate density development will be 2 acres, or more if required to support a septic system, s Based upon the anticipated quantities and locations of future population, and the city's existing land use mix, the city will need to accommodate approximately 19,000 additional acres of single family development, and 1200 additional acres of Multi-Family development, ♦ Based upon the additional residential development and the existing land use mix, the City will need to accommodate approximately 3000 acres of industrial development, 3200 acres of commercial development, and 2700 acres of institutional development. 4 The plan encourages infill development, restoration and redevelopment within the existing Center City and „ surrounding the university campuses. PUL1MINARY GMS CONCLUSION.S(FORPUA3 IC D SCUCCIONI TheSJty 1!111,tn~tnag41i04~1h.22>11sle~El~SYtI ; ♦ LOCATION of land uses will be strongly managed as Indicated on the Drag Growth Management Suategy Plan. a Equal distribution of growth to various sections of the city will not be strongly managed. O Southern areas of the city will probably grow faster than northern areas. s Industrial land uses are concentrated near the airport and around the southeastern portion of loop 288. Vacant, industrially zoned land is scattered throughout the city, and is not consistent with the concentrations shown on the GMS Plan. EXHIBIT C Page I IG I 1 0 , o I S ,I • I t , • QUALITY of development will be strongly managed. The community needs to discuss which aspects of development quality are important. ♦ TIMING of development will be managed to the extent that public services and facilities are 4 available to assure adequate levels of service. i • QUANTITY of growth will be accommodated in proportion to market demand, but only if adequate services are available. Specific aspects of the GMS1Ulude; a Anticipating and allowing growth along the southem borders of the City of Denton, provided private development pays its own way, particularly for projects that "leapfrog" to the far south, ♦ Adopting an aggressive annexation policy if it wants to manage the density and quality of growth in current ETJ land, ♦ Using infrastruawe master plans to develop expectations of adequate levels of public services. In areas where water and sewer services are provided, neighborhood centers un be accommodated. In areas where services are not available, "estate" lots will be necessary, using septic systems and wells. • A major "Downtown I Universities" Core Area should be designated, tying UNT and TWU to tF downtown. These areas should be linked and strengthened, and the area should become the focal point of the city. • These areas could be developed as "Neighborhood Centers" that are developed in an inwardly oriented manner with a focus upon the center of the neighborhood, The center r. iy contain j support retail uses, higher density residential uses, an open, "neighborhood green", or a school Vertical mix~d•use developments could also be encouraged within the neighborhood centers, a The areas within Loop 288 will develop with "infrll" uses, and the appropriate uses within those areas will be based upon compatibility with existing adjacent uses. The center of the Infrll development would be in the downtown district where preservation, restoration, redevelopmec: and infill would be the focus. ♦ Using a variety of growth management tools, such as the comprehensive plan, zoning ordinance, subdivision regulations, and Inccutives to realize GMS objectives. ♦ Single family "Estate" residential uses will be allowed to develop in areas outside of the "scwcrshcd". The size of the lots in those areas will be based upon the area required to support a septic system, and will vary based upon each location's soils. The remaining land within these areas would remain as agricultural uses. • I3usiness would be accommodated in the plan in several areas. At the Intetsection of Loop 289 and Ill 35, the plan calls for an urban center. This center would be a mixed-use center containing office, retail, and high-density residential uses. This center could also include some research or technological uses that would be compatible with the activities at the universities. A second urban center south of the intersection of Loop 288 and Ill 35E could contain medically related offices with a mix of supporting uses, A third urban center on the south side of town would be located at 0 the City's ET) along Ill 35 west. This center would probably develop after the first two urban centers and could support general office uses. ♦ In order to support the proposed urban ce„'.tts, and to provide additional support for the Universities, the plan proposes that the City consider extending the existing runway at the airport to 7500 feel in length in order to accommodate business jets. With this expansion, it I • proposed that the areas immediately adjacent to the rdrport be reserved for industrial uses. Industrial uses ' are typically very compatible with airports due to noise restrictions. Additionally, existing • !loodplains In this area could provide a very effective visual bufferbetween Industrial uses and oil er surrounding uses. f EXHIBIT C Page 2 r ~ n q ~r T a l '32 X~ s 0 , CITY OF DENTON GROWTH MANAGEMENT STRATEGY REPORT City of Donlon Growth Management Issues Issues related to growth and the managemerA of growth have been identified through several avenues. Interviews were held with City of Denton Department Heads In August 1998 to Identify growth management Issues related to their department's functions and services. The Survey Research Center at the University of North Texas conducted a survey of Denton residents in September 1998 to obtain citizen Input on Issues related to growth. In addition, the Denton City Council has discussed issues pertalning to growth management In several worksesslons. The Issues that have been raised can be summarized Into four major categories pertaining to managing growth within a community. These are: Amount or Quantity of Growth t • Location or Growth • QualityofGrowth • Timing or Rate of Growth and techn. {ues Research was conducted on growth management strategies, toolc to address these Issues and some of the specific growth Issues Identified by City Department Directors. Growth Management Strategies • Research Findings A review of growth management tools and techniques across the United States reveals that a variety of atrategles are being used, Due to differences In Stale enabling legislation, not all of these can be used by a Texas community In controlling growth. However methods to accomplish the some type of objective may be possible through another approach legal In Texas. The growth management strategies, tools and techniques Identified in practice across the United States Include the following: i 1. Comprehensive Growth Strategies: Annexation Policies, Comprehensive Planning, Growth Limits, Designated Development Policy Areas, Zoning 0 Techniques, Special Area Planning and Design Review Guidelines and Procedures. a) Annexation Policies - determining the ultimate boundary for the City considering natural geographic features, the most efficient delivery ~i BXHIBIT D Page i r If IY V Y 0 w.amr. , o of pubilc services and the vision of the community. Also determining i ( under what circumstances the City will consider annexation. I i b) Comprehensye Planning - defining the community's goals and policies for guiding the location, amount, and character of desired development. c) Growth Umits -quotas for building permits to limit the rate of growth either permanently or temporarily. Most limit the rate of development to an amount that can be served by the community's infrastructure Improvement program. Moreloriums: temporary growth limits to give community time to address Immediate problems related to health, welfare and safety concerns. d) Designated Development Policy Areas - identify areas within which ; i specific development policies apply. Policy areas are designated to maintain and/or redevelop existing urban areas, continue uibanizatlon in developing areas, reserve land for future urban development, preserve land for open space, agricultural production or envir• nmental protection. o) onjng Technlgigm • in addition to standard zoning, Includes downzoning, upzoning, and overlay zoning districts. 1) Downzoning - used as a tool to discourage development activity In areas a community wants to maintain rural and agricultural use. Sometimes accompanied by Transfer of Development flights or Acquisition of Oevelopment Flights Programs to compensate property owners for loss in properly value• li) Usgoning - used as a tool to encourage more Intense and dense development patterns In existing uri.an areas. Often Incentives are used to encourage higher densities and Infill of existing urban area. • liq Overlay Zoning Districts • applied over other basic zoning. Arldresses special feature or conditions such as wetlands or h'slorlc areas. Can also be used for neighborhood conservation programs or to encourage high Intensity around transit, commercial or employment nodes. a , f)peclal Area Planning • consistent with the ovordil Comprehensive G , 0 0 Plan but provide greater control over types and qualities of allowable I development. Can also be applied to gateway or corridor areas. EXHIBIT D Prge2 _ .TICS 32XIO •.yrr ♦ i s ' o - i Q) Aasign Revlew Guldelinea and Procedures guidelines to set standards for development activity. Used to ensure high quality site and building design. Typically Implemented through site plan review process. v 2. Urban Containment Strategies-. Urban Service Areas/Urban Growth Boundaries Mapped boundaries that distinguish areas In which development will be permitted or encouraged, from areas In which devele%)ment will be prohibited or discouraged. Intended to provide greater conirA over the location and phasing of development activity, provide public facilities and services In a more cost effective manner, and preserve open space, agricultural land, and environmentally senltiva areas that are not currently suitable for development, Can be defined by "urba i service area", 'urban growth boundary, "urban limit lines" or similar concepts. Oregon requires local governments to draw such boundaries; Florida strongly encourages them through their "concurrency" requirement; Washington and Maryland require communities to designate growth areas. t Boundary line determination has been difficult for some communities. Boundaries are often drawn to accommodate 15 to 20 years of growth. It requires an estimate of future land needs, which requires a community to make assumptions about likely development densities, as well as direction of urban growth. Need to provide land In excess of projected future needs to ensura w petition in the land market and avoid artificial Inflation of land prices. In some areas, it will cause leapfrog development Into surrounding jurisdictions. Extonslon of utilities, especially wastewater service Is usually prohibited outside the boundary. There Is usually a urban service area plan In place controlling the timing of utility extensions and Infrastructure improvements, lend within the boundary may be subdivided Into different categories for • the phasing of services (usually based on development suitability,, proximity to existing public facilitles; contiguity to existing development and other factors). 3. Infrastructure Planning, Timing and Flnancing Strategies; Adequate Public Facility Requirements, Growth Phasing Systems, Capital • ImproverientPrograms and Impact Fees , • • a) Adoguate Public Fpgllities RQquirements • new development must demonstrate that facilities and services will be available to serve the EXHIBIT I) P08e3 4 32X10 A MA: low 0 project at the time that it comes on line. Attempts to balance the timing and amount of development with the capacity or willingness of a community to accommodate it. Purpose Is to coordinate the development-permitting process with the provision of capital facilities. I) Administered on a project by project basis. Community 1 adopts a level-of-service slandard for each type of facility. Applications denied if the service demands of a project cannot be accommodated at the adopted service level by existing or planned facilities. li) P. number of communities experience that their schedule for capital Improvements rarely keeps pace with current or expected development needs. The effect this requirement has been to limit growth or to exact developer contributions for public facilities. The key to successful implementation rppears to be to Incorporate an adequata public facilities policy Into an overall program for scheduling and funding capital facilities (capital Improvement programming). b) Growth Phasing Systems - limit the amount of new development that can be approved over a certain period of time, usually one year. Uses public facilities (water, wastewater treatment plants, road and traffi^ capacity) as a basis for computing growtn capacity both existing and planned developments. Designed to spread capacity over time between present and allows growth to be phased to accommodate facility expansion. c) Capital lmorpvement PS ra - Combined with Master Facilities Plans for Infrastructure, can be used to direct the location of development. d) Impact Few • if the fee methodology reflects the actual cost of providing services based on location - that pan be an Incentive for development to locale In areas with a adequate facilities. Higher A fees can be used to discourage development activity in areas with capacity constraints. i Protecting Enironmental and Agricultural • Lands' Zoning/Subdivlslor Regulations, Acquisition of Development Rights, Transfer of Deveiopmyrit Righic and Taxation Policies m O • a) ing_1Subdivis1on Regulations - regulatory approach that Includes drafting subdivision regulations to protect open space and °yY environmer!al features (such as protecting floodplalns, wetlands) EXHIBIT D Page 4 32 x 0 and zoning regulations which require It as a condition or exaction for rezoning or special permits. Agricultural or Conservation Zoning can also be utilized to preserve land for future uses. Cfuster Zoning can be used to group dwellings more densely to preserve open space of environmental features. b} Acquisition of Development Rights - include acqul.'fkn of I development rights (through an easement) or all property righ. c) Transfer of Development Rights - a means of compensating landowners affected by regulatory programs such as agricultural j zoning and historic preservation. Permits owners of restricted property to recoup some lost value by selling development rights - transferring the rights to other ioc;,tions for which they receive increases in development densities. d) Taxation Policies - land property taxation policies which support maintaining property in an agricultural or open space use. Most communities with a growth management program employ a combination of these techniques depending on their objectives. In the majority of circumstances, communities have adopted these approaches to address Issues Identified after an extensive goal or vision setting process. Identification of community goals or vision is most often accomplished through the comprehensive planning process. Community Profiles of Growth Management ec nigues in Practice The research of general growth management strategics Included a review of techniques utilized by communities nationwide. Four of these communities were selected for more in depth research. The growth management techniques of these communities were examined relative to the detailed growth management issues which were developed with the City of Denton Department Directors Lind the Denton City Council. Several communities were reviewed before four were selected to be profiled. Communities which utilized strategies supported by strong State growth 0 management enabling legislation were not selected for a community profile due to the difference In state enabling legislation to control growth. This includes' communities In states such as Washington, Oregon and Florida. Communities which enacted severe growth restraints (such as quotas) were also not selected due to the legal restrictions in applying this technique in'rsxas. 0 The four communities selected represent the broad range of growth management O 0 techniques in practice. Their approaches are comprehensive in scope and they ~r EXHIBIT D Pages -1: F sn -ILML --ML o O utilize traditional as well as Innovative approaches. Some of the communities were selected due to their similarities to Denton: strong University presence, suburb of a larger metropolitan area, and high levels of population growth. Other communities were selected due to their comprehensive and innovative approach to growth management, their extensive history in attempting to manage growth, and their recognition for their effectiveness In the field of growth,management. Below is a brief description of the communities profl'ed. FORT COLLINS, COLORADO • Approximately 65 miles north of Denver. • Home to Colorado State University (largest employer). Other economic activities include the farm products Industry and high-tech industrial development. • Rapid growth started in the 1960's and continues in the 1990's. • Population was 43,337 in 1970 and Is estimated at 100,752 In 1595. • Doubled in land area each decade from 1950 to 1990, • Growth management Initiated to ensure quality of development and control location of development (rather than Imposing restrictions on total growth like Boulder did). • Growth management Initiated to respond to fiscal concerns related to pubic facilities Improvements. • Adopted Land Uses Policies Plan in 1979 (plan contains 97 policies goveming growth management, environmental protection and land use locations, the policy framework for implementation plans and programs). • Adapted a Land Development Guidance System as primary Implementation toot for the Polices Plan (a performance based zoning system that evaluates proposed development projects based on locational and quality criteria). • Adopted new Comprehensive Plan (City Plan) in 1997. I 1LEXINGTONIFAYETTE COUNTY. KENTUCKY • Region Is famous for its horse farms which generate substantial tourist activity for their economy. A • Home to the University of Kentucky. • Other economic activities consist of corporate functions as well as farming and related activities. • Sustained very high levels of growth In the 1960's and 1970's and leveled off during the 1980's. • Current population of the County is estimated to be 240,000. O • Growth management Initiated to contain urban development and protect agricultural areas, I I EXHIBIT D PAgcb I 32 x1 'ARM Af i J l ' E I • Foundation of growth management program is Comprehenslve Plan's Urban ( Service and Rural Service Areas (this was the first formal example of an urban growth boundary). • Effective in small-area planning and use of urban activity centers. MONTGOMERY COUNTY. MARYLAND • County of approximately 790,000 just northwest of Washington D. C. • Until 1950's, primarily agricultural with some rural communities. • 1950's • 1970's experienced rapid growth (primarily due to suburban growth and Interstate construction). • 1970's County experienced commercial and industrial growth (Federal Agency Offices, high-tech and biotech Industries). • 1970's Metrorail 0ations completed - commuting Into County exceed F commuting out. • Population estimated 'o be 790,000 In 1995. • Growth management IiiUated to protect open space and agricultural land from development and concentrate urban growth around transit and highway corridors. • Managed growth for almost 70 years through a very comprehensive approach. { PLANO. TFXAS ! Located In the northern sector of the Dallas metropolitan area. • Undergone rapid population growth - from approximately 3,500 In 1960 to more than 167,010 In 1995. • Economic activities Include a strong corporate presence (such as Electronlc Data Systems) and high levels of commercial growth. Managed growth through traditional approaches Including comprehensive planning, zoning and subdivision regulations, and capital Improvement programs. ncorporatc standards for adequate public facilities In support of new development, and also Imposes Impact fees for water, sewer and park facilities. Recognized for their use of design guidelines and the site plan review process • to ensure quality development. r , EXHIBIT D Pagel 32 x I D MCI VII t d L/ I ` l P C • { • r { i fYiCWflI IiW~L+FABR 6TRATFfiY OMW. WPROFKM Rl1+4 POIR Oati400lORl00 tF)OCf7dfA~'ETMCMWY,9&OUDCf igy~y YWICiOfFRlQdflNf, MIRn1PO a,t,weo. rh.IL+fo vrh~FtaMno Abnpdiadaadt~rddhrftar4f pe,rpdadrtLndq R1nry ~d•0' • • hlgrl PialkF+dlb ~1' • QhedlM9i0odh9ard.Y • 110n fsda ha'Rd t3r~b Nr • Fanlad~a~4rd AUl~an /R9a'^ ~ OJddna tmM'a~tlra{P!M • Ab?+P~!{:farAMfYQJm~~I f7b4~ ' Adq.Y ALAeFKll~ddrr+s AprAwAuor i' 1'dl barnn~ta .yN p~ndnp'YMlddrw • p'"pnli"'d'tln.~•we{t,du.w tLadrq •0IPLMh . 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NOW Rr4 polr NX14 Td Mr} Mrpm • OWVFoW M mp •oq • &No AMPlrr JII WPrrmrdd . ledorrd llEavv RarirO Now"m dtMrtAdv+y C1M dndWme , zodrg kow" bo Cm IlP mnrt0 dadr dandrdt M 6mm ovd' r ally • O>rdda !d lbrvl PAWN . , ~ UAan dalbabM dolma dMdoDr*i aaMtrr~ • Dwr O*mm l r6rmrdd . OndaprroM1Piaor+ Da Aw"No ( mw WOA ON dvpo and dr rd onwRNb barq ~.JrAw~wA ~ 1. u 2 1 10/23/98 EXHIBIT E `I t•~~M 32 x . o :wanrts • MNTODMD?f hly.lk11l1SN0 FtM~T~JS fOR'F OC111140CLONA00 IEaGTd1FAYETIE OQMY.1®RUdfY 19AF3 }bw an Wldw 6a ia.d Adq,W Pttlt: FtemesOA~arra • klalr FdlllsAtna . AbpttlaAMeFsiYdwlbPA'brM • tlEanantl dagaMdn~Hsdbh Mp~PdtlefailMwFdklw • CtphlYritewwdRWa^ poYmdMedus•aadwb brmn0•ard • ArrW C•o•Ar Pdiq ! Rdad • k~F>a • G7yatrryovM•orwwr adrdaa laM dwmrohtptd . cwwhmwwrbRrgra • • ' ~lTadp dfalat dvrdeddankpmal &Wwrwtdw nd? . kryd Fr • kryd F•w • PraArrd bpr! FwbatYrwa b • krpad Far ttd ~tA! Aaaatrrarat rb+pnp•Y/11 rd nrd~daprra Pq•rb . 9a!•QcAetm Aat teartrhUb> • AdgdagMefdraw 0idrwn . kbdr Fadlido Flan • A&*MMPAbFWgtllgJrr nrib . rd UN p~IM WAMW y~~mDcir be mSW"DedF~ddl lhdM dr^VAxmt ka NmW . ArrW fkmMi Pdky . Adapda Atdk FxAfw Pdkkd : ~ d wCA*a dh qty b . owu krporarvb Frog" • Capri bpo.~rwt Proem • mcb hh*ull rtrrar. azl.katw•Ib W* • trrpd F•w ~ QMjdrmrpaM,mprMarilaM • *praw,d! "to fad~o oMpdfwTralie/b . pllm.tryartdoarw•r adrlar pmwnwb and . ta~4aT . tardrq ko M armrp ka rd wda4ww"d pw• ~gdaPuhlkFadlltT yplrrRti . UErird WC", dpidao&8*w d Ibw onhOb dd ardi . Adgl.Fdalwddrwca . Adgdt FUdk fa:aaaRild+ . Gfplll kipo.~M R'opaa bdapo.YondFkwEUdfnrdw*= pn owd" • k'iwwrw'bAapm kwwArwt Q FroO'rad CaaPdanM : praAtF orldwYrbeel odrMn . NO bpd Faw drw<d lE M np drdw M bivId Am • Plan wOUmn in bQpol • kmTmjM d Fanaad0gw dprd pmoc M ad pJlrbbAddr••a . TrrapoitlmlirM dQmpdwaM hkdaa pAwklO~ kcadwbamvapt dadoprawd • bow PLOR dhOtyl kldtadnltlw Gaud trarltddaa . Ms~l'~wMrolOpld AaM4 • 1nPtingearnopn+-0ad~t~trAld F•w • TrN wWw oom cf QnprtwM . Fooomi/ km Aaa kr k*mb%@an Aa. Alpwallpcfsllldw lalkJw • AdapaM FdlaFddalbpAwaY . lMaaodN/IwdsbdnSrD/t db 56wdnh Oyd.f Mtlr . AdpaY FadFdw Oldrarr[a hpoAdmd Malydn adaarkat ,w aiadM rd Mart . Ciillkrpmnar6 Floprrr • Ensdd~rpr • ~ ° bMwlrtM'Mw>y • bpedFwr added m Ngh • kryd Fr • Aen . 1rVkd Foal . TrnpeAlan flar~ddCr+pd+aM nr adm Mroad• • Ow!'T kcrM Tftif oaad bM Dw m I drAl•apnawA t of • Fudml Am Fta* b k6whan M e a@ar•r+d'V maP dwd I{4 hvWdow r Top Mppdm PW" 04ad %W ddd ad two" ahldr MM dddad Rahdl . CaryrlreM Plarfn0 . fbnpaktraM trd trb'taplaadn0 • CarpalaraM Flsrd'9 • R+!• dot Mw LlrD~n ihoLM to 7p co " • AWWW! lyd Rwrapon Pico . tamp C *w" • 1Ldpr wmrtw . Cbn lpaa M Ibuadm Flat • Anadnp b tar: •vdm daork td I furwwwrgN lm 7wr . Bala Plaalr0 • pr akp.rtl►pddata•dlYdlat co • ydapmrarbd Apaarrb WM" woftm*d"ef"Womwo of Aday plkPPo~w ov*Vd ' CrabRbM dm h~bdaW~wfmfDNCa , ~ a d°d I • Caroaofpdslm • ape oppoolNllwT 10/23/98 EXHIBIT E 3 %32 x 0 r y ( ; UL GROWTH GENERALICOMMUNITY SPECIFIC MANAGEMENT ISSUES RESEMCN Gus nttty of 0walopma nt , ComProharswo Plsnning Zonlnr Muter Falllltlu Fhu Growth Llmhs (Urban Growth Sounds&* and Urban Service Areas) - Guslity at Dwslapmrnl • C omDrehoottve Plan S Zoning. lnOwdlng OvoASy DlstrIcte • Dooltn 04110100001 ald Review Procedures Iwbdlvlelon Reputallons and Oewlopmenl suodsrds factor end Carrldef Plunln 0 • SmsS Ana and NallhNorhaod Flanning Timing of Developmonl • Annuadoa ►o0cleo . 6rawM Ltmht (urban Growth soundsrlao and Urban Ssrvtce Anal) • teeing _ • Adatueto PulUa Faa0104e Mgviremenp • CepOelhnprowmall►lennleg Compnhonove Plana • Mallet Foonmaa Plan h Elements Annul] Capllal su41101ng ProOeea . . tmpael►ook Ind special Assessments Locstlonof Developtnut . CampnkensbePlan {LandUse, Tranapaeta0on and UOUS Elomonts) • Growth Lknha Nrbal Oro,M'10040045 and Urban Santa Atoll) 4 , Senfn/ E ' • Copltal hgrownent Planning A clot And Corridor Plennln0 r . . Sited Ant Ind Nolgh►othaad►lenning • Adotoste PY11k FacGMal Ratulremants , 14/23/98 EXH1131T E 4 i tti 2.5 rx ❑ 32X o 0 i ` I i I DRAFT CITY OF DENTON GROWTH MANAGEMENT STRATEGY RECOMMENDATIONS GENERAL APPROACH • Growth strategy should be based on a comprehensive, long range vision of the future character of Denton. Strategy has best chance for success if the vision is based on a consensus developed through a community goal setting process. • Overall approach should comprehensive in scope. Policy objectives should be firmly linked with specific plans and techniques. The Comprehensive Growth Strategy Planning Framework should be used to determine and Implement Growth Management Objectives. • A combination of tools and techniques should be used to achieve growth management objectives. j SPECIFIC RECOMMENDATIONS 1. Use the Comprehensive Planning Process as a basis for the Growth Management Program. i a) Develop a community vision for growth management. Get a consensus on concems that need to be addressed and on speck growth management goals and objectives. b) Develop a consensus on the desired urban form for Denton. bete-mine desired growth, future growth and rural/open space areas, Determine the ultimate boundaries the City wants to achieve from both an urban form standpoint and efficient provision of public services. c) Address Transportation, Land Use, and Public Services, Facilities and Utilities In Comprehensive Planning Process. Develop Master Plans for each element which support implementation of . desired vision. 2. Use Subarea, Corridor and Neighborhood Planning as a tool to achieve O ! growth management objectives. EXHIBIT v PAGE I I 32 X m?LKtl Q . j 1 3. UFe Infrastructure planning, timing and financing techniques as a tool to ( implement growth management objectives. a) Usa the Citys Capital Improvement Program and Capital Budgeting Process to direct provision of public services and facilities to support implementation of desired growth vision. b) Consider adopting a 'Adequate Public Facilities Requirements' to control location, timing and quantity of development activity (ensuring that public facilities will be available concurrent with demand). „ i. c) Use Impact Fee Program as a tool In achieving desired growth objectives. d) Consider adopting 'Oversizing Policy for capital facilities as a tool to achieve desired urban form. 4. Evaluate and revise, as necessary, existing tools regulating deva',,pment (zoning, subdivision regulations, site plan review process) to implement growth management objectives identified In Comprehensive Planning Process. 5. Consider Implementing Incentives to encourage desired development (such as overlay or floating zoning districts). 6. Interact with other Governmental Agencies to coordinate planning efforts toward achieving desired growth management objectives and to address Issues beyond the City's control. Consider undertaking joint planning activities and the use of intedocal agreements. • i. E WMIT F PAGE 2 G Hill x~ 32x~~ 0 CITY OF DENTON, TEXAS 0TYNALL WEST 221 N. ECM • DENTON. TEXAS 76202 (817) 586.8200 DFW METRO 434.2529 Date: October 30,1998 To: City Council CC: Planning 8c Zoning Commission From: David Hill, Director Planning and Development SUBJECT: INFORMATION UPDATE -Growth Management Strategies The P6nning aryl. Development Department is in the prorxss of conducting a series of public meetings j concerning the DrA Growth Mmigement j=egies (GUS) for the Denton Plan. Staff attending these tmtings wall take all comments submitted during the meetings and givers by tdephone, email acid in person and fomwd them as part of a vml34 report for Council renew. i Public Meeting Schedule Eleven GMS public meetings have been scheduled during October and November, 1998. In addition to these meetings, presentations will be made to various city and community-oriented boards and commissions. The schedule and locations of those meetings are: Arcs Location Date Cone ,OQ 7.t,JOp~n Soiptu /M one Am P,"yar CAkCiA N00 Mdooe 110i prVill N @ ,eArta w rnwwq, Odoba 29th 74-Vprn ISOI Eow" sfmc7cTW7dirt T7aRm Art*` ama - m q, w a7a 7i:)~m IOOM"dcPl,oe Fact [kntan7 .Sid GF. Nc. ~aa un q, w e3i 7-1 qm 1!N 7f dun !i Ate" t4~uAOO ern Gt'Mie n w 4 '.30po SIOOT > 2~ n TNat7i -m Arty Nxtli - m 71-l~pr.t M01 VC Vr'valw ~rNmrlAm a~I~.i w 1 1 215FL At.2 l Lc'w ory tji %ek7t'u-- Art" ~tN. Gtneu w- Nw 7a.10pn 1212110n&ed Rd Q , N~ ~ clay w 7 JOpn )900 Grin Cartninmitr p" eN' nP \ G.ew S tr amr cwt 9am)prn 707 Cms, a 4430 CGP2 Updatedoc Pape I "Dedicaled so QuafirySrrvice* EXHIBIT G PG 1 E a+ t 73'l a . i U ~F-a 32 e • o , Area Lora ions Date '1 nr e PLANNING COMMISSION & CITY COLZ IXM MEETING DATES s3opm Cky A Swim C'ry W Nw I 6WPm Plam'si{ 6 Tmm~ mNbtcHft1rq Qy i , Nw 11 S30pm Cky ('arc Pu cHerir~ Cky Tae,N 600ym (1y coma WAng CryI fAOpm - {H Cameroon 'c HeaaK W y, rl 5.3opm road P4A H Y. Ciy&m cF1earirj& • m Coy ,1m1 600pm ADDITIONAL MEETING DATES D6[e, OCloet to 7m: u-,Pm OumbalCaa• a Camraoe w a I.flopm a c Sat 6 Cv Znd sao as T c ayCannti~sm Cry W~ ,Nvarnba S,Mpm SeeQ i'amer 4 Cok ra P T ,N 13oPm !vloore Cafe FWMoore Ceaa dq,Nwmec5 110 pa ayd m tae q, a9llpm PA Koi~ Saiia v G3-ma Y, ovary 16~i 6apm October 20 Rayzor F2ema Lary On October 18" Pluuting and Development Staff members presented the Draft Growth Management Strategies in the first of 11 scheduled public presentations. Staff recounted the Comprehensive Plan Process to date and introduced the various tKhniques available to the City of Denton for growth management. Seven resider, s attended the meeting. Three members of the City Council also attamded the meeting. Issues Discussed • Controls to n anW large greenfield Qeap•frogl development APFO • Incentives • Transfer of development rights. How the system works and can be used for growth • Dori t~~d and control the market: • Zoning ci ate arti5ual markets • Some areas in the south of Denton arc not ccaappable of supporting development, • The City will seek to accommodare growt}t • • Could create incentives dumgh utility a densions • 'fake a took at a cirde of water/wastewater services and only grow to eiose men ions • The City should be able to regulate polluting industries and their pollution output. • Performance standards for industrial s_i ~u~es~.~ • The alignment of the western and southeni portions of Loop 288 and the adjoining • development possibilities. O • October 27'b Chamber of Commerce Board of Directors cyq' , On October 27e Planning and Deselopmern Assistant Director, Mark Donaldson presented an abbrniated look at the GMS to the Board of Directors of the Denton Clamber of Comr mv- The 10P30 GPZUpdatedoe Pgge2 Exhibit G Pq 2 -232A El ~I 'I . comprehensive plat process was discussed and the major assumptiots of the Gh1S explained to the assembled group. A short a anunar+of the public involvernent process including the GbiS survey was explained and rl osc artatdittg were . nvited to attend one of the scheduled publ'-- :.teetiV for a more in-depth discussion of the issues. Approximately 25 poop in artertdance, Issues Discussed • Ratio of comrr--r"/indinrial Propeny to thatof residential lain • Impact of ratios on them bue of the school district and dry. • Transportation impacts of the update to the Cayes Muter Tboroughfare Plan, • Realignment of the Loop 288 eonidur on the, sect and south • Construction of spurs in association weth MiyM Road • The i Van of certain types of re:idcntial density on Teasley Lane (FM 2181) October 270 Borman Fementuy ;be October 27, Tuesday evening rnecting u Boman Elementary drew residents. This was the second of the regularly scheduled public meetings. The residents were very interested in the details of the GMS especially how the proposed Mane Thoroughfare Plan update is to be configured. Staff explained the concepts of the GMS and took comments from the +esidents. Issues Discussed • 1`lted for adeVre utilities on wen side of city to handle p industrial areas. • After the City proposes a certain area fir growth, then proportional ~~ry spending (infrastructure) should be used for the promotion of preferred area. • Now does gruwth in the Fxtra-Terrdorial jurisdiction (ETj) affect long-range plant: r•? • Keep opport woes for tax base increases, by inav*sing corruner dal and ind~inry job base, • Access for peop'.e with disabilities should be stressed. • Independent living Centen • design of streets and neighborhoods • ::dcw alks should be made Americans with Disabilities Act (ADA) accessible support the use of r fisting and avaMle tax credits for cornparhies to use disabled employees and design their far es according to ADA desigr: standards. • Re6onal transportation connection opportunities should be addressed. • ig~t ra? cunnecton to Dallas/Ft Worth Consider more truspo tation inter-modal connections, The City should cause land use changes to hey jo,ntnvte transportation connecti Ms. • Windfall taxes should be considered. • Promxer cotporae 'Urban Lauer' anJ Las Colinas type of development. Guard against O allowiteg changes to the intery'».'. desip. • 'rind solutions for singac•famrly zoning which abuts the freeway and exiting single•farruly devetopnierits. III . Wednesday, October 28'c Pleating and Zoning Commission Work Session "st:vu Director, MA Donaldson presented an .abbreviated look at the GMS to the sner, n of the Planting and 7 -Ining Comniissioa. O ]ssuAs f)iscvsr,exl • The cc,npuison between the I q Hole ETj and the 5 mile ET] 14h000PZUpsakAoc Pps3 Exhlult a Pg rr~. MY t~ x .10 320, ❑ :fin ~t f I !j . A 491t11W J • C]ustering of developmast Q,nmt number of attendance to the public meetings. r The location and o p mon of the western and southern portions of Loop 288 Thursday, October 20NFilson F cmmntary The third of the GMS public meetings brought the largest turnout for a regional meeting to date. Twentytivo residents rune to Wilson Elementary in Northeast De.vton. Issues Discussed r The changer in design of the southern portion of Lcop 288, Land use design for interregional transit. Comm that the city wont manage the gmrt*of growth < ' . r How don the public survey and public inv l ment reflex in the plan • Residential growth evmtu4 brings commercial gtoWL r Sprawl should be controlled, r How much growth can the city hanae in the southern region of the city iu terms of ; infrutruaurel ~ r Wouldn% it be cheaper to build roads before development comes in? s Move the Northwest Urban Center south tovuds US 380, r I-koric Preservation should be maintained in the Comprehensiv a Plan How does the Cortidor ordinu►a pplay~into the plan? r Is the plant staying awry from strip Bevel me nt? r The plan shotdd oas9der the need for direct route to hospitals r There should be the implementation of praervaaion of floodplain and the promotion of ( r HowHow doft the Demon Plan differ from the 1488 Dalton Davelopmern Plan? r Annotation policy LA the city. a it passive or aggressive? How does it of:ttge for the GMS? ~ f { Iilt f ' I I Ivv ~ r 10-3000•PZUpdsb,da Pepsi Exhibit G P; 4 lJ+ n4r* t r r1 \ J ,s; ' 32X 10 =0 J1q o , ruvxft o I ( CITY OF DENTON, TEXAS CITY HALL WEST 221 N. ELM a DENTON, TEXAS 76201 (817) 566.8200 OFW METRO 434.2529 Date: November 6,1498 To: CityCouncil CC: Plannitg&ZoningCommission From: David Iiitl, Director Planning and Development SUBJECT: INFORMA'T'ION UPDATE -Growth Management Strategies The PLuuaing and Developmmt Department is in ri,e process oR conducting a series of public meetings E concerning the Draft Growth Management Strategies (GMS) for the Denton Plan Staff tending these meetings wiz{ take all comments submitted during the mecvngs and given by telephone, anal and in person and ' forward than as part of a wm4 report for Coxica review. Public Meeting Schedule Fleven GA1S public meetings have been scheduled during October and November, 1998. In addition to these ni-dings, presentations vAl be made to vatious city and community-oriented boards and conuis scions. The schedule and locations of those meetings arr. Area _ - Location Date Time "tom 4npturt- lM,~in~Art, R,I~ar F. C dai, Im ,0.t ~JICZmt IaJO M+I, n [7,niiift;g~ aT~ooa~-satT~~et Am amunF~n TK=, u~ T.e;lOqu ,I 1201 Pavia _t~onixan lkrain Arta Vt n eeu .9b 7-.lD,tn _ 1501 Fm vI T~tx c>T`a7fc7 Fyt [hmm`Aria La barn Cdeteu • 6lCllrl;Pt+oe FiA [kMi>~IY.f.(:. F- r~'n~i&x1.cwT--- X14c Cana triunA Tue ry, m .1ra 7r.Xpn t~tG tlt'3.e _ _ ~i~rtlcl~,{e f'e'.~~.(..1madAro Cua~b F7em.Cd~^ nil,-Nam-het St(- 7d.)OPrn J 3100 Tea .~a'7'fi-inTil-imruiArta }k~n T~dre is Nm 7•r.701m fOC]R'C'ud•t Dmitmn Arts ~ 11) Cnn~ Star lOmt 2:SE. FI • 1113 cnlmr S,x ;fie; - t t Cmk 6 m T r tam O • M ELL ~l amt xv[ 74ea a~nQ,tey w th 3900 Grut Pxk" ~f1' C~tniunh3_R~e N'u~icq--.T vn naa M 1 9m3pm 1 - - 709 Gn~o 114CGP1Update.doc P 1 Exhibit G Aq 5 'lk,lica r~ to Quali ry Servkr" i 1 I mawm Area Location Dale yaw g PLANNING COMMISSION & CII'Y COUNCIL W ETING DATES PGR-agg m ckyHaz Otuba nth suspm { cky Co=n W ram (.4 'w 1 61JOPn s Z % e Hewing Cky HA W Nm=ba nth S,x pm CtyCam ate q, a' 1 690 Pa ca„ n -dim 6= PM Ri- i L ram i Cry! - q, v l 5.30 Pn 1'l YN 690Pn Cly Can c i& aev Cry v ,n 19Lh ADDITIONAL MEETING DATES DMZOC)Gkg i W ]la rNPn Chunber of Cam eta u y,oa 1 DO Pm e Mmdy,Wmnnba ' guars s90 Pn Tmffic «y Camis~m r Wm Mmday,~Gm6&2nd CNc w 1:l9PM r mom Cato taxe n.Nate~v 11-0vvvunvMal'66i42ee m W w Re tt 'v Cane w 7 ttf }OOpn h ~ November 2' Lee Elementary On November 2' Planning and Development Staff members presented the Draft Growth Management Strategies in the fourth of 11 scheduled public presentations. Staff recounted the Comprehensive Plan Process to date and introduced the variow techniques available to the City of Denton for growth management- Four residents attended the meeting. Issues Discussed: • There was a neighborhood concern about the houses owned by Denton Affordable Housing Corporation (U.AHC} that have been moved from near the UNf campus and are being stored on a property along Mockingbird. DAHC ovna this land and intends to plat the property. It has been reported that these houses will be placed on the property, rehabilitated and sold to qualified, loss-income households. The neighbors are very concerned with the present condition of these homes and feel that they would be inappropriate in then neighborhood, which they characterized as brick houses. „ a There was a concern expressed by residents of the Ell (along Mills Road) about die extension of city utilities and services to their neighbors who had been annexed into the city • marry years ago and did not have 6y services available to them, patticularly water and wistewater services and street improvements. • Status of the rails to trails corridor s Growth in the southern region well put strain on the school district. Monday, November 2' Public Utilities Board • O CM November 2nd Planning and Development Director, Dave Hell presented an abbreviated look at • the GMS to the public Utilities Board at the Cir/s Service Center, Ilse comprehensive plan process was discimed and the major assumptions of the GMS explained to the assembled group. A short { 11$ CGP2 Update Aoc Papo 2 Exhibit G Pg ti k 10 32 x 9 " 0 _ I summary of the public involvement process including the GMS survey was expl.ined and nude a comparison between the 1988 Denton Development Plan and the current Denton Plan Process. Issues Disussed Currently the city is moving infrasbwture as demands dictate. If we're going to develop industrial areas we're going to hive to put industrial infrastructure into the acce xable areas, a Relationship between the Denton P1,a and the Capital Improvements ProgrM To develop " industrial we night have to develop a Aronger Economic Development Program trinities mostly follow, but we've talked about becoming more "speculatory" in as to how our infrastructure would be developed. The Growth Management Strategy would give us a direction to begin starting a less "responsive" Placement of uffies The utilization of utilities as a magnet to where the city wants certain types and densities of growth to occur. The uttUes would need to plan where extensions would be and the timing of the uuTities based on the demand The adequate facilities ordinance and its possible impact on the placement and payment of utility extensions, If the city begirts constructing lines to manage growth, how does the policies work with impact fees? How much consideration is nude, to other cities plans as part of our annexation policy? s How will the GMS work with the school district to increase the tax base, Througnt the balance of land uses Monday. November 2'd Traffic Safety Commission The Traffic Safety Comm fission wu very interested in the details of the GMS especially how the 1 ( proposed Master Thoroughfare Plan update u to be configured. Staff explained the concepts of the GMS and took comments and questions from the Commission Memlem Commissioners were also invited to attend the Community Workshop on November 11th. Issues Discussed The use of regional "urban centers" as a possible link of land use to transportation by prosidir:; regional transportation nodes for connection to the rest of the Metroplex The need for the creation of grade separations at the intersections of Stuart, and King's Row and the North Loop 288. • How neighborhood centers would be created and their ability to provide nodal transportation points for public transportation. Hoa, large is the airport expected to grow and how v6I that impact the ability of the proposed industrial area surrounding it Th^ continued use of access management strategies within the land use patterns proposed. Tuesday, November 3 e Senior Center • Civic Center Park Comprehensive Planner Stephen Cook discussed some of the GMS issues wish individuals at the Denton Senior Center. agar Issues Discussed Issues of development regarding the representation of Hispanics in the community II~6C}PZUpdate ,doe orpe3 Exhibit G Pq 7 ~ ~4 ry, Ia 32XIa 1 7 -A e U Adequate public housing and affordable housing Tuesday, Noeember 3'a DISD School Board i At the request of DISD, a follow-up presentation of the Draft Growth'. tanagement Strategy was made to the School Board of Trustees. All members of the Board were in attendance with the addition of the Superintendent and the DISD Planner. Issues Discussed • Does the definition of the Adequate Public Facilities ordinance technique allow for the inclusion of schools? If schools were included how would they be addressed? Does the impact of buses, availability of portable buildings, or size of classrooms impact the definition of "adequate facilities"? Rather than the city maintaining the responsibility of managing growth according to the needs of the school district, a collaboration of defining impacts may be dealt with between the City and the School Boast'. Tuesday, November 3.A Martin Lusher King Jr. Rec Center Staff made available Growth Management Stratey information at the fifth of eleven meetings scheduled. One resid nt arrived at the meeting, but excused herself to another meeting since she was ! the only arrival. Wednesday, November 4th, Environmental Strategy Committee Staff appeared before the committee and discussed the GMS and its relationship to the comprehensive plan. Discussions of water quality, preservation of open space and the maintenance of floodplains u natural drainage area were topics of discussion. Staff also discussed how the committee could contribute information to enhance the completeness of the final comprehensive plan. ! Wednesday, November 4th, Sam Ilouston Elementary At the sixth of eleven meetings, forty (40) rcadc.tts appeared at Sam Houston Elementary to discuss issues of growth, particularly in the southern region of the City. The GMS presentation was made and comments were given by the public. Issues discussed Make the plan enforceable Ly law. ♦ . Densities are too high in subareas 6, l5, and 7 (reference the population by subarea map) Inter on of Loop 288 and IH 35E is still too heasy with traffic. Suppon of inti, m fee fur visual standards and environmental standards Incentives should not be given to large companies, in particular new an untried companies that may not list c r do not have a long standing comrnitmnt to the community. Residential growth should pry iu owtt wry to develop. ♦ . The drys economic base is not within large companies but within the multitude of sruall 0 businesses As the number of people increases the number of parks and swimming pools should also 'Lei increase. Ensure the effidenry of utilities by emouraging infill devdopment. 11-6 CC, P2upUadoc Page 4 Exhibit G pg a 32 X ~V all • a w ' s Some accommodations should be made for "new-comers" to the city. A point system of development, (new development must achieve certain number of points through landscaping, location by existing unities etc. before they can develop) could be implemented to help regulate quality of growth s More infor,mtion should be trade available on the website regarding planning. Can't plan for Denton in an isolated manner. The city should recognize its regional location and connecenity. s Growth will not happen with the inclusion of public transportation. ' The City needs to use its authority to manage grow& s Not supportive of business/economic incentives to increase growth s The needs of senior citizens should be included in the plan. s Hold developers financially responsible for impacts. s Make improvements to the subdivision regulations that nuke developments last longer. s Apartments are built in large clusters with shoddy appearance and should not be allowed. s Denton has not grown properly in the put. s New businesses have a detrimental environmental effect. Growth is not necessarily good s Consider a development moratorium s Alleviate crowded streets and sdiools. ' City Council and School Board should schedule meetings of separate dates. J s Elections should reflect the sentiments of citizens. When implementing the plan the foilowing 1, M should be considered. s Retired ' s Low Income s Commuters s Young couples with kids s Singles Thursday, November 5th, Fred Moore Center i At the request of Council, a public meeting was held at the Fred Moore Center at Fred Moore Pnk. Fourteen residents Issues Discussed s 1Xhat is going to happen to the in. lustrial area from Woodrow to Marsh Street (beyond McKinney back into Beg Ave.)? VPill the industrial uses be allmvd tc expand in to the residential areas? We want the city to contain industrial use expansions and keep them out of our neighborhoods. s With this GMS, how will transportation routes be affected? Will light rall transit run through A residential neighborhoods? s Whit happened with the propoA impact fees? How does impact fees affect our ncighbcxhood? s If nixed uses, such as grocery stores, cafes, etc, are allowed to locate in this neighborhood, arc we then opening up our neighborhood to other, more intensive uses and zoning-like industrial? s What kind of notification of surrounding residents was done prior to the location of the isotope plant? There are no major private builders in this part of town because of the floodplain. Relocation T5~ of the floodplain should open up development and comnuu ity development assi::ance in our a: ca. Wed like the City to help find and encourage residential development in our area 11-6CGPZUpdate ,doc Page5 Exhibit G Pg 9 x 32 X Ms A 0 r a~ • Speeding is a problem in this area along certain streets. Speed bumps are not feasible because ~d address. the firemen's response time to burning properties. Something must be done to • What plans are being proposed for the Phoenix Apartments? (Public Housing Authority I Puzzle zoning on the north side of Kerley Street? j • Most of the zoning on the north side of Kerley Street is SF•7. Thursday, November 5th, North Lakes Rec Center The seventh of our eleven meetings was held at the North Lakes Recreation Center on Windsor Dme. Fifteen people arrived for the meeting. The GMS information was presented and those attending had several questions and comments. Issues Discussed • Whu assumptions were the consultants making in regards to single family lot sizes? Is it 7,C )0 s.f.? Are y ou saying that zoning in the ET] could be different than in other areas once this plan is approved? The City Council turned down a proposal on Tuesday because of traffic concerns and limited access of Ponder Rd off 1-35.. they indicated that inadequate access to the highway was the reason for denying the proposal What about additional roads? Where are the new tc sds planned? Where is this discussed in the plan? • Clarify the statement "A major Downtoan/Universides core area should be designated, tying UNT and 1W to the Downtown." • By Downtown, do you mean the square? • There are no roads connecting UNT and TM. How are you going to tie LW, TWU and the Downtown? Did the consultants assume that the Universities would expand? What about the routing of pedestrians in this "linked" area? In order to move people to get to these areas, pedestrian safety and increased pedestrian oriented and bicycle oriented activities should be investigated. • Is there a possibility of putting in pedestrian bridges around Carroll Street? TWU bridge is a poor example...no one uses it. The design of the bridge inhibits students from using the bridge. The bridge should be designed so that there is no choice but to use it, • City has looked at several options for Bell Ave. Most of those options imoh-e a substantial amount of financing. • Ranch Estates, near the Denton Municipal Airport, is one of the best residential areas in Denton. Moss of the lots are 2 acre lots and the homes cost around $150,000. Ibis area has been in the Denton City limits for nearly 30 years. When DFW and Alliance airports were built, a lot of tits residential homes were eliminated. • The Denton airpurt now allows jets and has changed the run-way patterns to accommodate these jets. This expansion has severely affected th t residences in the Ranch Estates area. Any possibility of resid ntial development to the west is blocked by the expansion. Who wants in build near an airport? A developer would need to "leap" over a large antnunt of land in order to build nice homes on a nice sized lot that people will want. The Airport expansion would have been great, if it had been done before Ranch Estates developed. rP • The expansion is mining a great neighborhood and the potential for good single-family development. 11.6 CC, PZUpdate doc Page6 Exhibit G Pg 10 q141 32x~U V11 . _J Wa, • O . 1 Why are single-family estate lots being projected neat the airport in the Comprehen s.ve Plan? Most people would agree that they want to protect the integrity and quality of then neighborhood Most people try to get in to the nicest neighborhood they can and they don't watt it messed with. The sooner the City can extend Loop 28s, the better. Denton should have had a completed loop 20 years ago. You cant get out on 380 without a great deal of V'culty, Extending the loop would cut out a lot of traffic on University. a How many cities have impact fees? Impact fees place a great burden on developers and on homeowners. You can expect a least $10,000 more added per single-fanuly house. This will get tacked on to the value of the house. Is the City looking at impact fees to deal with tax-exempt properties and utilities? At the Cary Council meeting on Tuesday, the impression was even that the City doesn't want to develop single-famu1y and mud-family housing because of issues with the Denton Independeut School District, spe Acally overcrowding. Is this addressed in the Growth agement Strategy? Where do additional locations for schools fit into the Comprehensive plan? Coordination bwr. ccn the City, development and the S^hool District his to be hand in End! W111 the Comprehensive Plan bting the City of Denton from the bottom to the top of the heap with regards to growth and development? (As it relates to last Sunday's article) . As long as the City continues to annex properties without appropriate facilities being provided, the City will continue to face these kinds of issues. • There is an asphalt ca.nete plant near Ranch Estates. If we don't start paying more attention to emissions from this plant and the smoldering from United Copper, it really will not matter if we have adequate roads, adequate facilities, etc. Without good air quality, all of what we are discussing is a moot issue, Thu would be rather tragic. Traffic lights are needed a Marsh Branch and 380. i . Ranch Estates does not want to be surrounded by light industrial as indicated in the Growth Management Strategy. Can't stop growth, but we don't want to ruin Denton. Let's go for quality growth arts oot quantityl if a piece of property is currently zoned Agricultural, but according to the Growth Management Strategy, the area is U& industrial, and the Growth Management Strategy is approved, could the property be used for something other that light Industrial? Is the Platen rig Cumrrtiss on looking at redefining light Industrial and other zoning categories based on this proposed Growth Management Strategy? Are there buffer zones required between light industrial and residential? Does the institutional designation refer to schools, hospitals, churches, etc.? Ranch Estates has been in the City over 30 years. We just got streetlights. As pat of the annexation policy, there really should be a maximum time limit established for the provision • of services such as water, sewer, electricity, etc. 11-6CCPZUpdatidoc Pape? Exhibit G Pg 11 j Y , a r x 10 32" 10 • 01 Brian M. Kern j 2212.171 ft. Worth Dr. I Denton, Tx 76205 t Monday, October 26, 1"1 W. David F511 Director, Planning do Zoning fj City of Denton I 215 E. McKinney St. Denton, Tx 76201 Dear Su, have been a citizen of the Ciry of Denton for ovtx five years, living, learning, and working in this growing community. For the put three years 1 have raised my daughter in this haven , escaping Brune, Onsncial etraln, tad the pollution of tae Metroplex. N s citizen, I hove come to view my home as an cuutaoding resource, a place where my child can learn, love, and play, all without fear. Now this sanctuary is threatened. Denton is becoming like the major cities of the hfetroptex, Wrddng more of "revenue" and "tax base" than ofibe more anpw paru of a community, the people. 1 moved to Denton because I could share In the sbundent wa:ih o; Denton, in its culture and historical aura, In hi centers of learnh,, in its beautiful land. 1 am disappointed with the decisions made by our City Coursed in allowing polluting industries to move out of the Mctroplex and into our fair town. These h4Lodes, pw6cularly the United Copper Indurtrier, will be pumping chemicals and elements, known to be harmful to human life, Wo our air. This Will effect our land, our water, our children. I urge you, as my elected representative, to find some way to prevent these actions. Rezone the United Copper Industry location heavy industrial. Change city ordinance to require United Copper to only use manufacturing methods that elinanate pollutants, Do not gran United Copper a tax abatement. ask you and the City Council to we beyond the dollar United Copper will pry the city to build here. 1 ask you to see the people of this city, who live here, work here, play here. Where vill we to if this city becomes inimacal to our heahbl Please make our city into the cultural and natural center of enlightenment it Wu destined to become Sincere'y, e i Brian M. Kern .1 Exhibit G Pq 12 25 x ❑ 32X Q o , a y 2,6 AIM- !J ' i f r4~ ~ _ I ~ C1 Ir`2 r ! 1 ""k,+'` z x NQ 32x IQ ~ - - - - - - err"".".,. , 0 c2 s .^awzvwn CITY OF DENTON, TEXAS CITY HALL WEST 221 N. eL6 ^ ! DENTON, TEXAS 76201 (8171566.8200 DFW METRO 434.2529 Date: November 13th, 1998 To: CkyCouncil CC: Planning 8c Zoning Commission From: David Hill, Director 1 Planting and Development SUBJECT: INFORMATION UPDATE -Growth Management Strategics The Flouring and Devefo rent DePaturent u in the prceess of comixti g a series of public nw6igs conceming the Draft Gromh Kivu rnent Strategies (GNP for the Dmtm Plan Staff attending these rrxeft tgs ai11 take all comments submitted during the mo tings and givers I; 97hrnc, entail and in person and ` forward than as part of, aeddy report for Ckwd re«ew. r l Public Meeting Schedule Eievcn GNIS public meetings have horn scheduled during October and November, 1998. In addition to these meetings, presentations sill he shade to various city and eornmunityor6ted boaris and convniss ons. The schedule and locations of those meetings are: - Area Location Date 1 Time rte t Su jZn Air Aaa Rrrax F i cif"' 7.1:54" -T _ S~M+kn V Eau, Nag~t~x3~T-sail.-wa't ~eex n' f~C,~u' aye, rh~i i:>aPr 120t Prrio Non ,Tea~rtanm Am ~ en 7dJt~n - 1591 Evxxn ~:~cTi~YTI€irtTimwn~ie, w btu , 'am spa _ Iqp M,drl,ce i , e Fan Umt,n7 -Nik ENd i w wad )&A M A ue Na 78:3CPM 1300 TIM Tvi3a`eeT'•dj1Ti a6-F•c~ e~i }biioo Ekm ne'i .1 l1COT hintTits ni N ~-~i mAm n 4T`i(suv u~7Z'av. ~O~tn 2001 W Wxakx i Damdaav Area 12W 4 21 E iK nry~CnZ-T€u Area ut~t cea nd 7J30{m ~ i -U;71 NMI Mi _ _ s9aocn,tr { f Cmrnvd[y 4" eW op aeia ' ft I 9ytr'1rtr t 11.13 W4PZ Update.doc 00+0T 0 i AGE 1f 'cxditdted to Qudlay Smks" • 0 ' Ara Locarion PLANNING COMMISSION b[ CI'T'Y COUNCIL MEETING DATES n at 'iy, ddc r pm l s ~a~aey - ur,C,;;fiova 6MPm pm ev ` PM MWOn,s~ _ , Eeei 1 SJOPo mil Pubrcli Flawing lit PaiA. pt~a va an l 696Pm ADDITIONAL MEETING DATES o-&Za~;,b 4Pm aw-r&'r 01 cm„~vuu KZ14r- U=NT o nv Mrw- 4OOPm c ai m aye ;Awe as a eP Catu"M r set . !A Pe 1 ~ e Tueadq, ave I Pm O Ewa A a ..i, '.j, Rwmc 1240 Pm En _.-y- east Wo&ndq. i Pm Seca - i ca o+a~a k. 64a Pm -695&& LSt Datre --I Toads. NO!tT&' sat AM1b November 7m City Council Chambers During the A.kemauv: Development Fcenarios Public Meetinra ui Aprt'1/May 1998, staff received marry requests for future rnectims to be held on a Saturday. In respon a to this request the eighth public meeting was scheduled for 10:00 am on Satwday, Nov-ember '$t. Tw-lve residents attended the meeting. Staff presented the GMS inforn ution and noted comments. I Issues Discussed: 1 Nfbx tg of housing types wM &-rease housing values 11 Concern Arm ability of infrastrumtre to accommodate growth. Gr ewth should be slowed dov n. 1 6 Get high-tech/clean industry in and catch up with out infrastructure and schools. • FruRration . ;rh the city not looking more t losel}' at management of growth and schools. 6 Argyle growth in relation to Denton's growth policies / impacts • how does the plan affect -44 the Otys actions? • Wfry can Ato. control their growth and we are not? , • • Look at rural communi+ies' growth policies. a l'urchaAg land for eonsetvation and no growth in certain area., a Do not want to see suburban sprawl here. 6 It nukes sense to put a morator „un on growth until we have a plot we want. 41 1W by doesn't city staff recortunend a moratorium) 1 a City can not derive "cxactiom" for schools tw state law. • 6 %Vry is it %c give money for Pncouraging indus"sy tttrmgh tax abatement, but nothing toward 0 • school services? It make this an unbalanced system. 6 Redr,toon of current densities is an option. t 6 MuMple use/ density neighborhoods are successful in Denton. 11.11 CO U UI." .Ja EXHIBIT 0 PAGE 1g r M f : r _ . o o , L r • BdJbowds: the city is behind the times regarding the reduction of these signs that obscure view of the community and reduce visual character. • The City currently has an onlinarce forbidding new billboards • The City c rrtridy does have 'legal" non <onforn ling ones. • How do we get involved in ETj projects? • Diversity - tikes variety of uses, and lot sizes, makes neighborhoods more interesting and cohesive. • As people grow older, their housing needs change, they should be able to trove into different housing types in the same neighborhood as their Lifestyle needs change. • Density is a quality of life issue, • Home values • does not like mixed values. It lads to renters which can deteriorate the neighbod,ood. • Where are we going to put our slums? • Air quality is going down. What to do about it • commit to regional planning. • The Citm• should worry about the continuance of water quality. • the City needs an environmental officer to conduct studies prior to industries being r permitted into the city. • The City should promote an environmental program to extend into the future. • Conidor uses are abysmal. Views are ugly, need better quality. Currently we have strip centers, dotted commercial uses, and no congruity. • Preserve the 100 year floodplains for environmental and financial sustainabi7ity, water quality etc. Use for recreational linkage, • Bice and walkways should be promoted. • Concerning the Planning Process • Is there an ^valuative part of the planning process? • Implementation of the plan is 10 years. • Yearly updates take a look back to scale how the plan u operating and where improvement is needed • Reiteration of th t need xi environmental officer. • Look for certain kinds of industry, business diversification, partnership with Universities for employment and educational base. Monday, November 9' McNair Elementary On November 9`h the Planning and Development Department presented a look at the GMS to residents at McNair Elementary in the ninth of the series of public meetings. Twenty residents, Two Council Members, a School Board Member and a Planting and Zoning Con n issioner attended the • meeting. The comprehensive plan process was discussed and the major assumptions of the GIAS explained to the assembled group, A .non summary of the public involvement process including the 1 Gb15 survey was explained Issues Discussed Wherein the planni,-, g process are we currently? • . 11-w u the planning department working with the school district? • • Not much control in the ET) • Strong annexation policy should be a possible solution ( I Location and quality of the source of Denton's water. 11-13 CGPZ .LWate.doe EXHI 1' 0 PAGE U a 0 Transportation should be addressed, There needs to be in interregional connection and possibly looldrig at future rail connections • The amount o floodplain increases as development increases. 'This needs to be reflected in the plan, Adjustments should be made to the floodplain. FEMA maintains listing of impacts and possible conservation measures, • Concerns with transportation and traffic on FM 2181. • More numerous ozone action days are harmful. How can we change the trend? Regional coordination of transportation and air quality. ■ I.Andscape and tree ordinance. • Increased service by the public transportation aysum can help in solving the pollution problem • Denton is a part of the growth in the North Texas arm We can control how the growth is going to occur in the city. The plan is helping this process. • Increased public involvement is important • Growth of the Alliance Corridor nwy overtake us. • The plan should define what we will accommodate and what we will not accommodate. • New residents are not enemies, they also will pay taxes. The city should be aware of the prises of incoming housing and the size of incoming familie_•. • Perhaps we need more commercial and industrial development to increase the tax base. An development should have high quality standards. • An increase of high density living will then increase social problems such as crime. • Public T'ransponatiou should be included in the GMS • Increase the capacity on FM 2131 • How is this pl an coordinated with other city plans? • Impact of the bulldozer on trees • Policies to enforce restrictions on clearing and grading through the landscape ordinance. • Maintain Denton's natural beauty. ( • Connttt parks snd schools together. Look at large tree protection on property and credits for saving trees. • What types of sees arc requvcd to be preserved and planted in the landscape ordinance? • There isn't much ind atrial and commercial growth in Denton currently. • Developers should dedicate land / resowus for schools • The plan should control density. • Examine new industry and who works there and where they actually live whether it is within the city or die), commute. • Planuring should work on issues where the community wants it to work. Supporting the connection between the universities and the downtown is insportust. Thursday, November 12' Hodge Elementary • On November 12'h the Planting and Development Department presented a look at the GMS to residents at I lodge Elementary in the tenth of the series of public meetutgs. 11 residents, a Counul Member and a Planning and Zoning Commissioner attended the meeting. The comprehensive plan process was discussed and the major assumptions of the GMS explained to the assembled group. A short summary of the public involvement process including the GMS survey was explained. e Issues Discussed O l • Is area I1(on Projected Population b'Iap) in the ETJ? lyi► • T be property located on the east side of the Dam- is that part of Denton's ETJ? • What is Denton's current population? 11.13 CCPZ Update doe EMBr1• G PAGE V l I~~ t;tr 2,5 0 32 x I Cl A O • Denton 's 2020 population 6 projected to be 213,000+. Has the City been growing at that rate? Is that how the consultants got to the 213,000 number? • Does Dentor, spill get its water from Corinth? " Do surrounding cities in the mecroplex have a growth mauigermt pI 3 ( • Is the Denton Independent School District part of the Adequate Fac&cs tool that I keep hearin about? • This is not included in the ,plan. It is vitally important to land use patterns, adequate public facilities, etc. e Does this "Adequate Facilities" concept include resumes to improve streets, public services- namely schools, etc.? • When talking about densities and this downtown/universities corridor, how do you propose to house more people.., this uea Is already densely populated) " Who u telling you guys that Denton wants to be a "Cats'? • Why does being a "Cary" translates into vertical growth and increaud densities? . Most people moved to Denton to get away from deputy. • I thought SP-7 (1,000 s. f) u the smallest single family lot sizes that the City of Denton allows, Country Club Rd her 5,000 st k%. How is that possible? Haw can residents get involved in the process when someone proposes a Planned Development (PD), especially if they have concerns with 5,000 s.f. lots? • So, A PD's have 5,000 st single-family lots? . Would the City consider providing water without sewer and via versa.,. especially in the areas where growth is being projected? • When you encourage mixed uses are you saYirtg that if someone wants to live in the City, they also want to be able to walk to work and that Chu plan is trying to accommodate this? • Public transportation to connect the hospitals in Denton should also be proposed in this plan. • The projected population for 2020 (213,000+) was somewhat confusing until I realized that the projected population was not just ;he Ca; of Denton... rather it is the entire study area which l mends to the Ell. In the ET] Nn 6,e platting authority and not zoning authority. • As ataactive and pleasant as Denton is, there is no reason why the Cary should not be able to ask developers to pay to provide adequate facilities and services and to provide quality developments. • Outside developers need to con unit to quality development. City should not be afraid to ask them to dedicate land. • We definitely ought to plan for growth. However, I am concerned about issues lake school taxes, , I understand that $200,000 homes are a net low to the Caty's tax base. Is this corms? Even if it isnk, how can we subsidize do-dopers? • Some states do have school impact fees. Texas does not unfortunately. These are a number of school districts in Texas that are pashing for school impact fees. • Denton is one of a few remaining Texas Cities to exact impact fees. • If the City develops according to this plan, well the tax base support the increased number of schools obviously needed for a 213,000 population? • • If we already have more kids than we can handle, why are we still building houses... hoping that sonic budder/dcs•cloper u going to come 'save" us? • The City her no jurisdiction over some of these Ell areas, yet the City has a responsib•L'ty to educate their kids? • Marry people are looking for a "Santa Claus" to pay their taxes. Industry u only going to pay a 1 portion... it is not going to ry all of it and we shouldn't expect it to either, • • There is no economic pistil zdon for Ranting tax abatements, 0 • • I am concerned about transportation When we get to the 213,000 population, are we going to be .1le to get to other cities, namely Pt Worth, without going through Arrigton and/or Dallas? • Has public transportation been offered to Denton? • If we are going to subsidize something, why shouldn't it be public transportation? 11-13 CCrPZ Update doe EXIST 0 PAGE 1# ~r e i ~ r auw~ , i . VAM is 380 going to be completed? . There is a lot of regional c going through Denton . What about county bonds? • What is going on with 280 . '!here were four ahemative design scenarios. Does this plan ineorpocate pieces of A four scenarios? • What is the 2020 population projection for the City of Denton.,, not the study area? ~r r % i t, JC l• w+ : 11.13 MPZ VpdsteAoc EM W 0 PAGE , r 26 x 031 10 0 0 r November 10, 1998 Stephen Cook Denton Plan Committee 215 E. McKinney , Denton, TX 76201 Dear Mr. Cook, i attended the planning meeting held Monday night at McNair Elementary School. 1 am not comfortable speaking in front of groups, but I would like you to add my comments to all that you have had so far. During i the six months we have lived in the Oaks of Montecito (off Hickory Creek Road), we have observed how the area on FM 2181 is rapidly growing I believe that is the main issue to deal with. All the other things mentioned (traffic, water, ozone, trees, etc.) are all the byproduct of building 11 seems to me that you are more concerned with the'7ooks" of what is being built. While that is important, the quantity is MOST important, Growth CAN be controlled by the City Council by denying requests of land changes from agricultural to single family, The City Council did that very thing last week. We have 18 new developments that feed on to FM 2181, some directly, and some from Ryan Road and Robinson Road. Of those 18, 4 are nearing completion, 7 have just begun building houses, and 7 have NOT EVEN BEGUN BUILDING, One of those developments will have over 600 houses when it is finished. The City Council has NO IDEA what this will do to traffic, which tome is the number one concern When all these developments are FINISHED, traffic could / possibly be tri pled! The intersection at 135 and Lillian Miller is already it nightmare, What will it be in just a l few years? They can also make tougher requirements for developers on land already zoned single family. One much needed requirement is an impact fee to be used for transportation Improvements to a new development Why keep approving land along that corridor until at least half of these areas are complete? I believe that one thing to alleviate the overcrowding, along with a moratorium on building, would be to entice and encourage retail businesses to build along FM 2181, thus redirecting traffic away from the mail area. Is there anyone in the city who is responsible for that? We desperately need a Tom Thumb or Albertson center with other smal!er businesses connected (like the one at 135 and Swisher Road). i My husband would also like to point out that traffic going to Dallas must merge at the Lake Lewisville bridge. there is already a congestion problem Think of how it "be injust a year or two. People looking to move away from Da?I1s/Ft. Worth but still working there won't want to deal with that nightmare. They will buy homes south of the bridge Denton CAN and SHOULD control the pyatttiUt of growth. If we don't, we will have a monstrous traffic nightmare, and horrendous school situations? It must be controlled. All the City Council has to do is say NO to zoning changes, and make it difficult for developers on land that is already zoned single family. ~ Sincercly~~~y~L'r'e'` 0 r 0 T91"' Darrell and Jerilyn Doss cc: Sandy Kristoferson, City Council member Mike Cochran, City Council member EXHIBIT G PO > U AGENDA INFORMATION SHEET nrr . la m AGENDA DATE: November 11, 1998 DEPARTMENT: Planning and Development Department DCM: Rick Svchla, 349.7715 SUBJEC -Request to Rezone (Z-98.052) Hold a public hearing and consider a request to rezone a 2.267 acre tract of land from an Agricultural (A) zoning district to a Light Industrial (LI) zoning district. 1 he property is located in east Denton on the east side of Mayhill Road, approximately 400 feet north of E. McKinney Street (FM 426), Expansion of an existing business is proposed. The Planning and Zoning Commission recommended approval, 5 - 0, at its October 28, 1998 meeting. (Z-98-052, 204 ! Mayhill, Mark Donaldson) A~ CKGRQUNQ Current Zoning and Land Use. The subject property was annexed into the city in 1989 (Ordinance 89-001) as part of a 135 acre annexation and assigned temporary Agricultural (A) zoning. The property is the location of Marine Plastics, Inc. Marine Plastics manufactures plastic parts used in van conversions and other similar products. The land use would be classified as light manufacturing by the city's zoning code. Such a use is allowed only in light Industrial (LI), Heavy Industrial (141) or Planned Development (PD) zoning districts. • Non-conforming status. The current use has legal non-conforming status because it was in existence at the time of annexation to the city but does not conform to the regulations of the Agricultural (A) zoning district (Section 35.13 (ax2)1. Section 35.13 also precludes the expansion of any non-conforming use, a Rezoning required, The applicant has requested to rezone the property to the Light Industrial (LI, zoning designation and land use classification to accommodate a small expansion of the existing structure to provide additional warehouse space. The LI zone district would permit the current operation as a light manufacturing land use and would allow expansion of the business within the parameters of other city codes and ordinances, such as the landscape ordinance, subdivision and land development ordinance and building codes. • Conformance with Zoning Category. The existing use appears to meet the City's performance standards for light manufacturing; noise, smoke and particulate matter, odorous matter, fire or explosive hazard material, toxic or noxious matter, vibration and open storage. Expansion of space for warehouse purposes should not affect these standards. • • Conformance with Master Plans. Thr subject property is located within an area deAned by the Denton Development Plan (DDP) as a Low Intensity Area. The commonly used intensity 0 0 threshold for this designation is 60 vehicle trips per acre per day. With 2.267 acres of area, the property would be allowed approximately 140 trips per day. For light industrial land uses, the DDP offers a trip generation multiplier of 6 trips per thousand square feet of developed area. Any expansion greater than 3,333 square feet would exceed the intensity standard, 1. 32X10 o • Trip Generation Calculation Lan3Aoa 2.261 acres _ Intensity Threshold 60 trips/acre/day Intensity Allowed 140 trrips'day Intensity Factor (Light Industry) 6 trips/ 1.000 sq. ft. , Floor Area Allowed 21,33) sq, ft. The city's light industrial zoning requirements have no lot coverage factor, no maximum height requirement, and would allow a floor area ratio of 200% (2.0 : 1.0), or as much as 193,000 square feet of developed floor area, The DDP (at page 32) allows specific properties to exceed the established intensity standard, with the following considerations: I. The location of the proposed development in relation to existing or proposed i infrastructure; 2, The topography of the land; 3. The prevailing land use in the area, 4. The protection of neighborhoods. 1 The proposed development compares favorably to each of the above considerations and could be allowed to exceed the established intensity standard. I. The proposed development can be accommodated by the existing or proposed infrastructure that is shown in the City's master plans. 2. The topography of the land does not impose any development constraints on the property. i 3. The prevailing land use in the area is best characterized as light industrial 4. Existing single family housing in the area will not be impacted by the proposed expansion. i While the proposed development can meet these considerations, the Council should consider a I condition that limits the potential development on the property so that the intensity standard is not grossly violated. A floor area ratio of 30% (0,30 : 1.0) would allow for the proposed expansion while limiting the potential development on the site to a total of approxima!ely 30,000 square feet. OPTION a Deny. A denial of the request to rezone will eliminate any expansion capability of the current manufacturing operation. H, Ill or PD zoning are required to accommodate any • expansion of the current business. e Approve. The council may approve the request to rezone w ithout conditions. P Approve with conditions, In the event the Council finds that "straight" zoning may create adverse negative impacts on surrounding land uses, conditions may be placed upon the zone district to mitigate those impacts. a Continue. • RECONIMENDATION O • The Planning and Zoning Commission added four conditions to their recommendation: i 1. Floor Area Ratio, Total developed floor area shall not exceed 0.30 : 1.0 Floor Area Ratio. 2. Buffer Yard)Setback, A landscaped buffer yard and building setback of 10 feet shall be maintained along the north and east property boundaries. 2. j 00111 32X e Swingy 0 3. Lighting, Lighting on the prcperty shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion into the night sky. 4. Design Orientation. Door openings and loading docks of any new development shall be oriented to the south or the west. j 3 PRIOR ACTION I REVIEW (Council, Boards, Commissions) The Planning and Zoning Commission recommended approval (5 - 0) of the request to rezone this 2.267 acre tract at its meeting on October 28, 1998. FISCAL INFORMA710N Expansion of an existing business will add to the city's tax base with little impact on the cost of service delivery. ATTACHMENTS 1. Planning and Zoning Commission Report, Z-98.052. 2. Planning and Zoning Commission minutes from October 28, 1998, 3. Draft Ordinance. Rcs -tfuliy sub ' id Hill Director of Planning and Development Pre p+pr'ed by: I 1I ~17 I y1J ~ II(/l~1 ' Mark Donaldson Assistant Director, Planning and Development I ' 1. t R ~ •4 I 1l 4 3, " PAX 75 x ~Q 32x Q s < , o ATTACHMENT 1 PLANNING AND ZONING COMMISSION REPORT STAFF REPORT Subject: Request to Rezone Use Number 2-98.052 ^ 204 Mayhill Road M: Mark Donaldson Agenda Date: OctoW 28,1998 7r`'.:~~P 9'u 4.yF. s~:~.V ' ~.^F,'. ,x ~'rk1., , ~ . ! ;•,'~,.~a!S ~.~..x-1`~°'4 7 r ~i4X~.L:~'. U . POSE, Hold a public having and consider making a recommendation to the City Council regarding a request to rezone a 2.287 acre tract from an Agricultural (A) zoning district to a Light Induslrlal (LI) zoning district. Expansion of an existing light manufacturing use is prop3sed. SITE E. Me nney~ 4 LOCATION MAP REZONE V-1 Mayr81 doc 4 i 'WU 25 x 10 32X ❑ 1 WWII" 0 E Jj"M i GENERAL INFORMATION Applicant i Carl Beauchamp 3818 Dalton Corinth, TX 76208 (940) 497.3741 i Owner: Sal, as above Location: The subject property is located on the east side of Mayiill Road, approximately 400 feet north of E. McKinney Street (FM 426), Size: 2.267 acres. PROCESS Current Zoning and Land Use. The subject property was annexed into the city in 1989 (Ordinance 89-004) as part of a 135 acre a:,vexation and assigned temporary Agricultural (A) I zoning, The property Is the location of Marine Plastics, Inc. Marine Plastics manufactures plastic parts used in van conversions and other similar products. The land use would be classified as light manufacturing by the city's zoning code. Such a use is allowed only in tight Industrial (LI), ± Heavy Industrial (HI) or Planned Development (PD) zoning districts. , Nonconforming Status. The current use has legal nonconforming status because it was In existence at the time of annexation to the city but does not conform to the regulations of the Agricultural (A) zoning district (Section 35.13 (a)(2)). Section 35.13 also precludes the expansion J of any non-conforming use. j Requested Zoning, The applicant has requested to rezone the property to the Light Industrial (LI) zoning designation and land use classification to accommodate a small expansion of the existirg structure to provide additional warehouse space. The LI zone district would permit the current • operation as a light manufacturing land use and would allow expansion of the business within the parameters of other city codes and ordinances, such as the landscape ordinance, subdivision and land development ordinance and building codes. Platting Follows. Following zoning approval, the next step In development review Is the platting process. During the platting process analysis of public Infrastructure, such as roads and utilities, is • completed to assure that capacity Is adequate to accommodate the proposed development. Any O • necessary public improvements required to maintain current levels of service are the responsibility of the developer to provide. 5. 0 0 l 'SUMMARY 00 PROPOSED DEVELOPMENT The applicant currently has approximately 20,000 square feet within a single structure on his 2.267 acre pro^erty. This Is a floor area ratio of approximately 20% (0.20: 1.0)• An expansion of approximately 5,000 square feet of warehouse space is proposed, Expansion of warehouse and storage space on the property Is not likely to Increase the traffic associated with the business COMPREHENSIVE PLAN ANALYSIS fl'~r a'~'{l`' a The subject property Is located within an area defined by the Denton Development Plan (DDP) as a Low Intensity Area. The commonly used intensity threshold for this designation Is 60 vehicle trips per acre per day. With 2.267 acres of area, the property would uo allowed appro> :mately 140 trips per day. For light Industrial land uses, the DDP offers a trip generation multiplier of 6 trips per thousand square feet of developed area, The proposed expansion would exceed the Intensity standard. Trip Generatlon Calculation Land Area 2.267 acres Intensity Threshold 601ripslacrelda Intensity Allowed 140 trips/damm Intensity Factor (Light Indust 6 trips/1,000 s . ft. Q Floor Area Allowed 23,333 s , ft. Floor Area Requested 25,000 s . ft. _ The city's light Industrial zoning requirements have no lot coverage factor, no maximum height requirement, and would allow a floor area ratio of 200% (2.0: 1.0), or as much as 195,000 square feet of developed floor area. The DDP (at page 32) allows specific properties to exceed the established intensity standard, with the following considerations: 1. The location of the proposed development In relation to existing or proposed infrastructure; 2. The topography of the land; 3. The prevailing land use In the area; 4. The protection of neighborhoods. The proposed development compares favorably to each of the above considerations and could be 1 allowed to exceed the established intensity standard, 1. The proposed development can be accommodated by the existing or proposed Infrastructure that Is shown in the City's master plans, 2. The topography of the land does not impose any development constraints on the property. 3. The prevailing land use in the area Is best characterized as light in"ustrial, 4. Existing older single family housing in the area will not be impactk d by the proposed development. C While the proposed development can meet these considerations, the Cor„mission should consider a condition that limits the potential development on the property so that the intensity standard Is not grossly violated, A floor area ratio of 30% (0.30 :1.0) would allow for the proposed expansion j while limiting the potential development on the site to a total of approximately 30,000 square feet. FE11)N5 ?N hloy!nn Auc 6, 7;) 2XIO o SPECIAL INFORMATION C 1. Transportation A. Trip gene ration The Denton Development Men (DDP) offers a trip generation factor of 6 trips per acre per day for light Industrial land uses. The Low Intensity Area trip generation standard is 60 trips per acre per day. Applying the light industrial factor to the low Intensity area standard results In an allowed development threshold of 1 p,000 sq. ft. per acre, or a floor area ratio of approximately 23% (0.23 : 1.0). Applied to 2 287 acres, the Intensity threshold for this property Is approximately 23,000 sq, ft. of devOoped area. 8. Access T ne property is loo- led on Mayhill Rood, which is designated as a secondary arterial on the Master ThoroughL•re Plan. It is approximately 400 feet north of E. McKinney Street, which Is designated as a primary arterial. Mayhill Road provides direct ecoess to 1-35E to the south and Hwy. 380 to the north. E. McKinney provides access to Loop 288, which connects to 1.35E and 1.35. C. Level of Service The level of service at the MayhilllMcKinney intersection is of concern. However, as previously discussed, the proposed addition of warehouse/storage space at 204 Mayhill will not likely generate additional traffic. Thus the level of service at this intersection will not be ` diminished by the proposed development. D. Pedestrian Linkages All new development is required to construct sidewalks. Mayhill, generally, is currently without sidewalks and not pedestrian friendly; however, as more development and redevelopment occurs, a safer pedestrian environment will be created. 2, Utilities A 10 inch sanitary sewer line and 8 Inch water are located along Mayhill Road. Electrin service is available from Denton Municipal Electric. 3. Drainage and Topography A Drainage facilities may be required at the platting stage. 4. Signs, Off-Street Parking and Landscaping All future development will be required to satisfy the City's current requirements regarding signs, off-street parking and landscaping. 5. Lighting Lighting should be controlled. The City is in the prooess of developing lighting standards. Recently, most zoning amendments have been approved with a standard eondrrton: 7. ~S 10 32XI❑ ~ r' , 0 0 u~reesca 6. Chronology January, 1989 - The subject property was placed In the Agricultural (A) zoning district and land use classification by Ordinance 89-001 which annexed the property Into the City. The subjec4 property Is not platted and would need to be platted prior to any development. PUBLIC NOTICE , , , : , , -I" . ; Notice of the zoning request was published In the Denton Record-Chronicle on October 18, 1998. Five (5) property owners were notified of the request on October 16, 1998. As of this writing, there have been two responses, both in favor of the request, one in writing, the other by phone. ANALYSIS e, While the request to rezone the subject property from Agricultural to Light Industrial appears reasonable and appropriate, staff Identifies four areas of concern that can be addressed by way of conditions to the zoning request, intensity. The standard light Industrial zoning requirements altow development that could be excessive In this area. A condition to control the floor area would allow the desired expansion and assure compatibility with the low intensity area criteria. Setbacks. The standard light industrial zoning requirements do not require side and rear yard setbacks, except adjacent to residential zoning districts. It could be argued that the Agricultural zone district Is residential, but to be sure, a condition could be added to assure a setback on the north and west where there are existing residential uses. Lighting. The proliferation of light pollution Is a growing concern, particularly where non- residential uses are adjacent to residential uses, The city Is In the process of drafting a lighting ordinance, but nothing has yet been approved. The standard lighting condition is suggested as a condition. Design. The current building has no door openings or loading docks on its north or east sides. This effectively screens activity from adjacent residential uses on these boundaries, ! New developed area should respect these built-in screening devices. A condition requiring door openings and loading docks to be oriented to the south would protect adjacent i property from excessive disturbance. I RECOMMENDATION "T O Staff finds that the request to rezone the subject to a Light Industrial (LI) zone district Is consistent O ! with the Denton Development Plan and compatible with the predominant existing development In i Syl` the area. 1 Staff recommends approval of Z-98-052 with the following conditions; I FE2UNE 2~~ fJh p,y 8. i I ;7 7 yr « i s a I C~ 32 X I O I Q 1 i 1. Floor Area Ratio. Total developed floor area shall not exceed 0.30: 1.0 Floor Area Ratio. ( 2. Buffer Yard/Setback. A landscaped buffer yard and building setback of 10 feet shall be maintained along the north and east property boundaries. 3. Lighting, Lighting on the property shall be designed and maintained so as not to shine on, nr otherwise disturb, adjoining property or to shine and lx*ct upward to prevent the diffusion Into the night sky. 4. Design Orientation, Door openings and loading docks of any new development shall be oriented to the south. SUGGESTED MOTION n6ve to recommend approval of Z•9M52 with the following conditions: 1. Floor Area Ratio. Total developed floor area shall not exceed 0.30: 1.0 Floor Area Ratio. A/ 2. Buffer Yard/Setback. A landscaped buffer yard and building setback of 10 feet shall be maintained along the north and east property boundaries, 3. Lighting, Lighting on the properly shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion Into the night sky. 4. Design Orientation. Door openings and loading docks of any new development shall be oriented to the south. a- a Yit ALTERNATIVES 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3, Recommend denial. 4. Postpone consideration, requesting additional Information. 5. Table Item. ENCLOSURES 1. %Aclnity Map. 0 2. Zoning Map. 3. 200' Foot Mailing Map ! 4. Denton Plan Matrix. 1 , 9. y.t, ?_:5x10 32x10 0 y I W ENCLOSURE 1 VICINITY MAP NORTH I • M New DISD Service Center Lumber a.._: Yard + r . 204 H.S. Mini- i MayhiN Warehouses 7 II .fS New Light Pebblebrook Manufacturing Apartments ' ' ' I i SURROUNDING ZONING AND LAND USES LOCATION ZONING LAND USE A North: Agricultural Residential South: Agricultural Light Manufacturing j East: Agricultural Residential, Ryan H.S. West: light industrial Warehouses, Light Manufacturing . ® • Data: October 28, 1998 Scale: Nona i 10. i L... _ ' s • o • 3 i ENCLOSURE 2 ( NORTH I I Ar j ! A 130 I a~ •~v I t F--r!~ cvr~►~ I• A tMa I II T. 'i Air. I ! : fi'At1 1 ~ ,u'' HIGH, r 41 Ll a ~e`t~or ~ ;•u ' lid ~t,.n i~,,, ~ ~ ~i • r / , ; 'y,~,y Lt7 ~ µ4,j.F f',3 i ~i,' ' 1 A rrr # r, t( fi' "SIB;,.,;,{t, I I ZONING MAP I ID Date: October 28, 1998 Scale: None 1 0 32 X I❑ • O ` I raww~ i i ENCLOSURE 3 NORTH Z-98.052 (BEAUCHAMP) i i 1 } R Ib t ` II, z 0 1 .z SITE ( a c O op 4 0 Do so s " M~'K1IyNFY ' 200 FOOT NOTICE MAP i • ~ to ~ Agenda Date: October 28, 1998 Scott: None 12. ,t, 7-11 m ' Moms 0 r r 1 ENCLOSURE 4 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) Is to be used In conjunction with the 1988 Denton Development Plan in evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed development to be generally consistent with the policies of the 1998 DP. The table below provides a summary of the 1998 Denton Plan Policies applicable to this project. Denton Plan Policy Analysis Summary Development Rating vs. Policy CATAGORY POLICY Inconsistent Applable Consistent Trahiportsuon. Compliments Denton's Long- wnge Thoroughfare Plan. X Prortbtes Access Management Prects es x Optimizes operations for emergency service providers and ' other pudic serene provider, x Promotes pudic bansportatoon system. x Contributes to the Denton Trails network x Stormwater Dralnsge. Protects loo-year floodplain areas In accordance wiM Dentons waterhed management plans. x Conforms to local subdivision requratioro. X Contributes to regional detention facilities, x 1 ' Provides for natural riparian environment along 1 noodplain. x Upgrades existing substandard dra;nage systems as Irtnd and redevelopment oaur, x Water and Develops ant maintalrn property and private Wastewater, infrastructure. x Creates opportunity for overltinq water and wastewater Iire% to meet future development demands. x Provides review of proposed water " wastewater Inrrastnucture to ensure pudic safety and health. _ x Promotes Info Improvements over new low externlonsx electric Provides underground electric service for new residmbal , and nonresldentiar development. x Solid Waste. Promotes efficord access to 09 devdopmant for solid rreste service deliver, x Parks and Recreation, locate parks and recreation facilities in accordance with x A the Parks and Recreation strategic Plan. Enhance parks and recreation opportunities for residents x Preserves fbodpain for parks and open space to aid In fioodpiain conservation efforts, x Allows combninq of parka with other Pudic radlwes to xNeve cost effective delivery of public services X Residential developrnerR should dedicate land or tees In 0 Now of land for neighbomood parks. x E lnvlronmerrtal Qwllry. Prortrotes preservation of natural resdurcesx ; C (rltegrater environmental protection wRh economic grov 0 and community development. x 13. ptM ;00',r? " 7=710 '42 x 1 a r ~ O • r i .caanasa 1998 Denton Plan Policies Analysis (continued) Denton Plan Policy Analysis Summary Development Rating vs. Policy r rCATAGORY POLICY bloomstert fc Applkwe Catslstent Neighberhooda. Pwdes aaea to pub k and community NcIlb s for resldentld n"hWhoods, x Encourages a mixture of land uses that teralt resldrts, x Protecti and preserves adstpg ndghborfoods. x Promote bkycla and pedestelsn traffic wtd M and between neighborhoods to reduce vehicular trips. X "wolf* pfam" a range of housing type that WPeai to difw; eow mk and k0AJual Ide•styhes, X Offers a valety of singie-farnh lot siees, balding sloes, and price range. X 11i Preserves eesbng housing, Wu" affardahN housing. X tweases Wo housing oyowbon. X ttonomie C mWbutes to a strong and d versMed ba economy by OMnMwtisn. Woeaslrg employmert and expandng the tax base. x Qovammsnt Encourages IrtrgovernmerU coordWAW to prattle cost-effealve pudic srdees, x urb n Design. Addresses aommunky appearance in a oomprehenNvt j maenr. x OlvvV6e8 arWtedtual appearance of bW1t rM wmrvt. x Neigitoncood Moll development should be tanpatlble with rsrlsa g land uses and buddrgs. X Prothts and preserves Demon's wthiteeboal, cuth►al .i and Mst flee (tomes, x Enhances the appearance along ma)or entranceways, x Promotes the presrvation of trees and landscw% X Public Involvement. Provides an opportunity for pudic opinion dukg Cie pranNrg process, x I r r 1 e , i , 250 °32x~ 0 0 !'JxLiG'i GI Yl FH!£ lit I NOTICE OF PUBLIC HEARING Z•98.052 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, October 28, 1998, to consider a request to rezone a 2.267 aue tract frost an Agriculture! (A) zoning district to a Light Industrial (LI) zoning district. The property to lucated in ' east Denton, on the east side of Mayhill Road, approximately 400 feel north of E. McKinney Street (FM 426). The public hearing will be held during the Planning and Zoning Commission meeting that starts at 5:30 p.m. In the City Council chambers of City Hall, 215 E. Mcl(Inney Street, Denton, Texas. Interested parties are Invited to attend the hearing and speak to the Commission. In addition, ` you are Invited to complete this form and return K prior to the date of the public hearing. CoMpleting and returning this form does not prohibit you from attending and partici.pating In the public hearing. Your reply may be sent by fax, mall, or hand delivered to Mark Donaldson at the City of Denton Planning and Development Department, 221 N. Elm, Denton, TX 78201, fax number: (940) 349-7707. ' ii you have any questions pertaining to the request please call Mark Donaldson at (940) 349- 8350. 1 Circle One: N FAVO-A' OPPOSED UNDECIDED I Please Print Name: jfWM 5reA ' AAA Address: Q!? "A YUla- 2D • ~ I CttylStete: DEn/72:)A( 75e 7G _D I? Phone: _940 -g7 ~~06 Signature: I Comments: { I i Procedure for a zoning Change A zoning request follows a two step review proeees designed to provide opportunities for ckizen Involvement WA i comment. Th4st stop. rdlowirq the submission of an applkation for a zoning change. is to schedule a public i hearing before Ve Planning and zoning Commission, Land owners w4hin 200 feat of the Bubo properly are novbod by mail of the Planning and Zoning Commisskn pubik hearing They are provided this response sheet and Ora 4rfied to attend the pub k bee" to comment on the request if the COrnentlisbn recomrtwda approval of the request it is forwarded to the " CoUna for MN adlon. if the Pleming W Zoning Comenisalon recommends agaln'A the request the epplic ant may appeal the decision to City Caanos. H the txanr(e) d mac then twenty percent d the land area wWn two hundred feet of the sRe submit(s) written oppos"N VM sbt d the seven voter of the City Council are required to approve the zoning request. These forma we used to casaAate the peroentag# of property M opposlaon. C Nob' Zonkg unalUons may d,erge Defoe or d.xing a p,t+rk hearfrp and after this notice. However. these I ~kif Merges must be minor and more restrldive. M they are not minor and more restrictive. w+ottw now to you m usl be made, - I 15, I I I rr 32X rrl° ~ltl' ~1.. J i ~ I vmsaa , o r wxsn~ ATTACH,iENT 2 i EXCERPTED DRAFT MINUTES PLANNING AN020NING COMMISSION OCTOBER 28, 1999 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, October 28, 1998, at 5 30 p m, In the City Council Chami at City Halt, 215 E, McKinney, Denton, Texan Present. Elizabeth Gourdis, Salty Rishel, Jim Engelbrecht. Rudy Moreno, and Bob Powell Absent. Susan Apple and Carol Ann Ganzer { Present from Staff Mike Bucak, First Assistant City Attorney; Mark Donaldson, Assistant Director of Planning, David Salmon, Engineering Administrator; Trine McElreath, Planner II The meeting was called to order at 5 30 p m. 7. Hold a public hearing and consider make a recommendation to the City Council concerning a request to rezone a 2.267•scre tract from on Agricultural (A) zoning distrlct to a Light Industrial (L1) zoning district. The property is located In fast Denton on the east aide of Itil 111 Road, approximately 100 food north of E. McKinney Street (FM 126). Expansion at an existing business Is proposed. (2.98-052, 201 Moyhtll, Mark Donaldson) r Commissioner Engelbrecht. AI this lime, we will began our public hearings regarding zoning changes with Rem 7, which Is hold a public hearing and consider make a recommendation to the City Council concerning a request to rezone a 2 267-scre tract from an Agricultural district to a II qht Industriat zoning district. The property Is located In east Denton on the east side of Mayhill Road, approximately 100 feet north of E, McKinney Street. Expansion of an existing business Is proposed. Mr. Donaldson is going to give us the staff report l Mr. Mark Donaldson presented the staff report. F Mc Donaldson. We have six zoning public hearings this evening to I'll try to make this so brief as I possibly can. Subirct property Is 2-plus acres north of McKinney, east or IVI There's an existing building of about 20,000 square feet on the property that was developed when the property was annexed Into the city and assigned agricultural zoning at the fine of annexation. Thus, the existing structure end Ito use became a legel non- conforming use, The applicant desires to expand the bulking to provide additional warehouse space In talking with him today, the additional storage and warehouse space may bad to some additional production capabilities somewhere down the line and may be able to add jobs as a result of N. I've tried to I of describe the surrounding area-you don't have a visual image of it. There's a metal building very close to the Intersection that does formed concrete shapes-some kind. Mini-warehouses are Immediately across Mayhill. We have the new Denton Independent School District service center is being constructed just north of the properly; between it era two single-family homes. The new Pebble Brook Apartments, which have Dean approved within the last year, are located southwest of this intersection. So, generally we're seeing a non-residentiof-type development In the area, even though lt carries a low intensity designation In the Denton Development Plan. The property is approximetely 100,D00 square feet, which makes R easiest for us to deal with flood area ratios. He's got about 20,000 square feet now. We've attached, or recommended, a condil on to limit ail development on the property to a boor area ratio .3 • to 1-a 30% of poor area ratio, which would allow up to 30,000 square feet on the property, And we feel that won't violate the Intent of the low Intensity area. It Is still well within that range. In looking at some of the co iftons that we've ottached to other zonings recently, we've been dealing with buffer yards and lighting; and In this case, some consideration as far as design, I think, Is warranted We do hove resdential neighbors to the north and to the mt; and because of the design of the existing building, they have basically it blank wall now, and we'd like to keep that a blank wall and keep activity from them being exposed to activity on the &Ha, Intent-what our GIS system Is showing-these buildings don't sclu0y exist in this particular location There's a we0•eslablished fence 9ne here, and ail of these buildings are to the east of that fence line. The applicant has an existing pad that would accommodate @ new building In this slte, So, I had originally suggested a design orientation with ask of the openings O to the south. He has expressed a desire to have at least one of the openings face the west, which would face the 1 street. We've had a lot of discussion about loading docks and that sort of thing facing our corridors. Mayhifl Is not }x+ classified on our corridor ordinance as R's proposed now, so I would amend the staff recommendation as far as alt door oponings end boding docks to read, shall be oriented to the south or wet.' And again, Just because the I 16, 32 X o t Planning end Zoning Commission Minutes October 28, 1998 Page 2 of 15 appficenl desires to expand an existing non-conforming use triggers the necessity for the rezoning end will trigger the necessity for planing in the future prior to any development. Are there any questions of me at this point? Commissioner Ergelbrecht: L )mmissbners. I don't believe so. Mr. Donaldson: We noVied five adjacent property owners M the time that I wrote the report. I had only the single response. Since then, I've received a response In favor from Me. Carter who Ives north of the property-pleasant discussion with her, Commissioner Engelbracht So, we have-out of fNe, you have two in favor? Mr. Donaldson: Two In favor, none In opposition. Commissioner Engelbrecht: Thank you. Is the pWioner or the pelitioner's representatives present, and would you care to make any comment? Petitioner or petitioner's representative prowl? (unldenl'fied): I don't think we have opposition. Commissioner Engelbrecht: Is there anyone prowl who would like to speak in favor of this petd4on? Anyone present who would like to speak In favor of this petition? In that case. Is there anyone present who would like to speak In opposition to the petition? Anyone present who would like to speak In opposition to the petition? Seeing no opposNion, we'll wave the reburial--close the public hearing. Any final remarks, Mr. Donaldson? Mr. Donaldson: Staff finds that with the conditions that we've opposed h would-the request would be oonelstent with the Denton Development Plan. I was the beneficiary of a tour of the operation this afternoon, and I think that this is pretty close to that proverbial clean, light Industry that everybody wants In their community. It meets the definition of our fight Industry zoning code, So, staff recommends approval with the four conditlone that 1 mentioned-the floor area railo, I(Vool setback, standard lighting condition, and the design orientation. Mr. Rishel, And. Mr Donaldson, Mr. Beauchamp to swore of all those four conditions? Mr Donaldson. Yes, Commissioner EngelbrechL Commissioners, any questions for staff, comments, or a motion? Mr. l l Mr. Chairman, I'd like to make a motion. I move to recommend approval of Z-98-052 with the following conditions: Moor area ratio-the total developed floor shell not exceed 0,3 In 1,0 floor area ratio; a landscape buffer yard and building setback of 10 feet shell be maintained atong the north and east property boundarles; lighting on the property shall be designed and maintained so M's not to shine on or otherwise disturb adjoining properties or to shine and project upward to prevent the diffusion into the night skies; and four- boor openings and loading docks of the new development shall be orlented to the south end and/or west. Commissioner Engelbrachl. Is there a second? Mr. Powell, So made, 0 Commissioner Engelbrechl: Any discussion on the motion? AM In favor, please 4aa your right hand Motion csrrlesunenimously, (5-0) Commissoner Engelbrecht. t would-Mr. Donaldson, this Is In a low intensity ores. Is this one of the areal where we might need to look M some change In the new Denton Plan, given what we see In terms of development? Mr. Donaldson Yes Commissioner Engelbrecht. Would this be one that would be appropriale o"Imly to look at anyway. 0 Mr. Donaldson: Wal do that later this evening We have a mop for your review that relates to the growth management strategy, and I'm seeing some bobs for non-reedential ectvMy In that area. 27, x, 10, i fj ' o Plannky and Zoning Commisslon M'rules October 28, 1998 Page 3 of 15 Mr. Rishel: Mr. Donaldson, could you loll me what the most Immediate plans are for that road and how it affects this business end the one that's going In with the DISD. Mr. Salmon: As a matter of coincidence, we've had a bid opening on reconetruction of Mayhill Road from McKinney Street north, and we're hoping to be under construction with that before the end cf November. It will be a four. lane-well, let me back up. It'll be 45 feet wide with curb and gutter on each side, which gives it the potential to either have two lanes with parking, or h could be four through lanes. Commissioner Engetbrecht. And do you see any parking on Mayhie Road between McKinney and i oop 288. Mr Salmon: Probably not, but that section fits either. Commissioner Engelbrecht Questions tot Mr. Burke? If. Hold a public hearing and consider making a recommendation to City Council concerning a change In zoning on 34.867 acres from a Planned Development 12 (PD-12) zoning district to a Conditioned Commercial (C(c)) zoning district. The 34.881 acre property Is legally described as being part of Block 10 Wimbleton Vlllags, Phase V. part of Block 11, all of Block 12, and part of Block 13 Wlmbleton Village Phase IV, and all of the dedicated right-of-way known as Walden Place (shown on the revised plat of Wimblelon Village, Phase IV, now legally vacated). It Is located on the south side of I.35E, ot of Slate School Rd. (Z-98-081, James Wood Auto, Trine McElresth) Commissioner Engelbrecht 11's been en hour end a half, Commissioners, Do you want to take a short break? Do you want to move on and finish the pubic hearings? What's your pleasure? Finish the public hearings? Mr. Rishel, Yes, sir Commiss'roner Engelbrecht All right. Item 811 Is to hold a pubis hearing and consider making a recommendation to City Council concerning a change In zoning on 30.867 acres from a Planned Development 12 zoning district to a Conditioned Commercial zoning district The 34.667-acre property is legalty described as being part of Block 10, Wimbleton V,ilage, Phase V, part of Block 11, or of Block 12, and part of Block 13 Wmbleton Village Phase N, and all or the dedicated right-of-way known as Walden Place (shown on the revised plat of Walden Place, etc.). It Is located on the south side or 1-35E, east of State School Road Ms. McEtreath, would you give us the staff report, please. Ms. Trims McEtreath presented the staff report. Ms McEreath Yes First, t'd like to say that, since the agenda was posted, we did have a redudbn In acreage- 33.716 Is the correct acreage. Commissioner Engelbrecht All right. Ms McEireath The Applicant has requested commercial conditioned zoning district. And the condition that the applicant proposes ere that uses be smiled [o general retail office uses and auto sales and service out of the commercial distrld, and secondly, that the southern boundary of the auto sales and service use be buffered with landscaping of small and large trees to mitigate Polse and lighting impacts. The 1988 DDP shows this area to be j , within s low Intensity area, Staff rinds the proposed development to be fairly consistent with both the pork es and trip Intensity standards or the 1988 DDP. Table 1 shows land use trip generation for the existing planned development. This Is--could you zoom that just a little bit, Wayn"ust a Mile. This Is PD-12, and youll see that, olong the freeway, there Is commercial, some afngte-family abutting down here. This is currently developed as single family, although k h toned-olhough the use allocated In PD-12 Is muttl-fam8y. This area outlined In black is the proposed toning before you with multldamily, office, general retail. The land use trip generation for this area is about 3.000 trips for the apartments, The office is difficult to pin down because there Is mo helgM limit and therefore, we don't know the exact square footage, and that Is what our trip generation would be based on However, I generaled just an estimate based just on rive floors, and that would be about 3,700 trips a day. The general retail, which does have some limitations In our zoning ordinance based on maximum build-out, would yfl generate roughly 11,380 trips per day. At of this comes to about nine times the allowed trips for that area. The proposed land use trip generation for this area, at maximum build-out rot commercial using auto 6846 numbers, generates about 65.600 [rips, And that would be If they did a monster building, and that would be difficult with auto 16. rawnrrra. e o S t ' Z•98•G32 ATTACHMENT 3 ORDINANCE NO, i i AN ORDV:ANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE " DESIGNA'HON TO THE LIGHT INDUSTRIAL CONDITIONED (LI[c]) ZONING DISTRICT CLASSIFICATION AND US; DESIGNATION FOR 2.267 ACRES OF LAND LOCATED FAST OF MAYHILL ROAD, APPKOX[MATELY 400 FEET NORTH OF EAST McKINNEY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Carl Beauchamp, owner, initiated a change in zoning for 2.267 acres of land from the Agricultural (A) zoning district classification and use designation to the Light Industrial Conditioned (LI(c]) zoning district classification and use designation; and r WHEREAS, on October 28, 1998, the Planning and Zoning Commission recommended approval of a change from the Agricultural (A) zoning district classification and use designation to the Light Industrial Conditioned (LI[c]) zoning district classification and use designation; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION 1 hat the zoning district classification and use designation of the 2,267 acres of land described in Exhibits A and B, attached hereto and incorporated by reference herein, is changed from the Agricultural (A) zoning district classification and use designation to the Light Industrial Conditioned (LI[c]) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton. Texas, subject to the following conditions: I . Floor Ares Ratio. Total developed floor area shall not exceed 0.30: LO Floor Area Ratio, I 1 Buffer Yard/Setback. A landscaped buffer yard and building setback of 10 feet shall be maintained along the north and east property boundaries. 3. Lighting. Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion into the right sky, 4. Design Oelentatlon. Door openings and loading docks of any new development shall be i oriented to the south or the west. UST Q.NJ , That the City's official zoning map is amended to show the change in zoning district classification. SECTION III, That any person violating any provision of this ordinance shall, upon Q r conviction, be fined a sum not exceeding 52,000,00. Each day that a provision of this ordinance Is violated shall constitute a separate and distinct offense. 2 ve n+r a« 19. YWb rrri'~. +b - „~l h x❑ 32 x O INIMI" a ECT1ON That this ixdinance shall become effective fourteen (14) days from the date of its passage, said the City Secretary Is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record- Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the _ day of 1998. I JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY 1 BY:____ _ I I f ' 4 , I`.,~aa f ;.a c t-9e-0!2 4m 20, 25X, Q 32XID o MAW 0 1 . I EXHIBIT A METES AND BOUNDS DESCRIPTION I 2.267 Acres FIELD NOTES to all the.. certain tract of land situated in the H. Forrest Survey Abstract Number 417-C, Denton County, Texas and being part of the called 3 acre tract desoribed in the Dead from Lavelle McFarlin at ux to Fred Morris at ux recorded in Volume 376, Page $95 of the Deed Records of Denton County, Texas and also being ■ part of that certain tract of land described 'n the Dead from John C. Freeman at ux to Troy Glenn, recorded in Volum.i 1765, Page 964 of the said Dead Records, an zecognized and occupied on the grounds the subject tract being more particularly descrlbri as followsi BEGINNING for the Northwest corner of the tract being described herein, at an 191, post oak tree at the recognized and occupied Northwest corner of the said Morris Tract in the occupied cast line of I..yhill Road; THENCE South 92 Degrees 57 Minutes 56 Seconds East with the recognised and occupied North line of the said Morris Tract with an old fence a distance of 312.35 feet to a cross tie fence corner post at the occupied Northeast Corner thereof, said corner also being a reentrant corner of a called 2.65 acre tract described in the Dead from D.S. Carpenter to T.R, Carter recorded in Volum, 517, Page 69 of the said Deed Records; THENCE South 03 Degrees 47 Minutes 15 Seconds West with the recognized and test line of the said Morris Tract with the remains of an old fence part of the way and passing the Southeast Corner of the said Morris Tract and .-ontinuing along s0 d course, in all, a total distance of 310.02 feet to an iron rod set at a fence corner post at the occupied Northeast Corner of the said Glenn Tractr THENCE North 94 Degrees 56 Minutes 30 Seconds West with the occupied North line of the said Glenn Tract with the remains of an old fence at 181.01 feet passing an icon rod found at the Northwest Corner of the said Glenn Tract; same being the apparent Northeast Corner of a called i sore tract described in the Dead from D.S. Boyd at ux to Troy D. Glenn at ux recorded in Volume 399, Page 144 of the said Deed Records and continuing along said course with the occupied South line of the said Morris Tract, in all, a total distance of 314.31 feet to an iron rod set for the Southwest Corner of the herein described tract in the West lino of the said Morris Tract, the above described line also being the same lino as described in the Boundary Line Agreement between the said Morris and the said Glenn's recorded in Volume 1991, Page 176 of the said Deed Records; E p , THENCE North 04 Degrees 12 Minutes 49 Seconds last with the recognized and occupied West line of the said hirris Tract and the Eat line of the abovementioned road a distancr of 320.75 feet to the PLACE Or BEGINNING and enclosing 2.267 aores of land. t zve oa; arc I 21, i 32 x~C1 • i i -&aws ' EXHIBIT B MAP Fs NORTH L-98-052 (BEAUCHAMP) 1 ~ ~f Y h ~ e nLLY x o d SITE Q Cal D c d d ~ o o~ ~]Q0 ~ ° 19 Ndo ;zo {f 4~ Scale: None L98.05: doe 22. l Y- ~'.~ek 25 x±~ 32X 0 WAVA AGENDA INFORMATION SHEET Apends No, 4~c/-I- AGENDA DATE: November 17, 1998 DEPARTMENT: Planning Department CMlDCAVACM: Rick Svehla, 349.7715 SUBJECT-2-98-1351: (James WoodAulo) Hold a public hearing and consider rezoning 33,776 acres from a Planned Development (PD) zoning district to a Conditioned Commercial (C(ej) zoning district. The 33.776 acre property is legally described as being part of Block 10, Wimbleton Village, Phase V. part of Block 11, all of Block 12, and part of Block 13 Wimbleton Village Phase 1V, and all of the dedicated right-of- way known as Waldcn Place (shown on the revised plat of Wimbleton Village, Phase IV, now legally vacated). It is located on the south side of 1.33 E, east of State School Rd. The purpose is to expand an auto sales and service dealership. BACKQRQUND The applicant has requested to rezone this property in order to expand his automobile sales and service dealership. The property is currently zoned PD-12, which allows for multi-family residential, office and general retail uses. The proposed development is consistent with most of the policies of the 1988 Dcnton Development Plan (DVP) as applicab!e and many of the 1998 Denton Plan (DP) Policies (see Attachment 1 - the last encl(,surc of the P and Z Staff Report), Twrnty Eight (28) property owners were noti feed of the zoning request. Seven (7) responses have been received: three (3) are in favor, two (2) are opposed and two are neutral to the request. The subject property is lochtcd in a Planned Development zoning district created on July 17, 1979. PRIOR ACTIONlREV1EW (Council, Boards. Commissions] • The Planning and Zoning Commission recommended approval (5.0) of this zoning request on October 28, 1998, as recommended by staff with the following conditions: 1. Maximum allowable building coverage for this 33,776 acres shall be 341,786.42 square feet, which is a floor to area ration of .23;1. 2. Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion Into the • night sky, 0 • 3, That uses be limited to General Retail, Office and Auto Sales and Scrvice Uses. 4. That the southern boundary of the auto sales and service use be buffered with landscaping of small and large trees to mitigale noise and lighting impacts. I rr 13 ?5 K 32xio , 0 C l r All~ , „ r e FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school j district. It will require no short-term public improvements that are the responsibility of the city. j As a form of infill development, no extension of public infrastructure is necessary to service this site. ATTACHMENTS 1. Planning and Zoning Commission Report, October 28, 1998, Z-98-051. 2. Planning and Zoning Commission minutes from October 28, 1998. 3. Draft Ordinance, 4. Photographs, Respecifully submitt~ D e Hill i . Directorof Planning and Development Prepared by: W rina McElrcath Planner 11 . L i t 1 } I , f~ r it 1111 a 1 r .5 J I LI o. [ v 1 I I 1 f ~ 2. I . Y ~25~1{' 32X ~AVAUM , r O / I d{ ATTACHMENT 1 PLANNING AND ZONING COMMISSION REPORT STAFF REPORT Sublect: James Wood Auto Park Caee &MjM: 2-98-051 $ aMf : Trina McElreath, Planner II Agenda Dot : October 28, 1998 i i PURPOSE Hold a public hearing and consider making a recommendation to the City Council Ithe rezoning of 33.778 acres from a Planned Development (PD) zoning district to a Conditioned Commercial (C(c)) zoning district. The intention Is to expand the existing auto park. WW Auto M N W E S I , LOCATION MAP Location: Property Is located on the south elde of 1.35 E, east of State School Rd. site: 34.887 acres 3. s1°q 25 K 10 32XIO M-MLML F v .r r r` t I O 1 ' „.a u..-,rw M«...... ...•...........w++x..wnn+-.r~ww•...~•., :w.»r.-ti .....-I:.:. ~ GENERAL INFORMATION Applicant: J and S Woods, LP Owner: J and S Woods, LP P.O. Box 806 P.O. Box 806 I Decatur, TX 76234 Decatur, TX 76234 f SUMMARY OF ZONING REQUEST -j 4 Sec:ion+ 3 5- 7 lithe Code Ordinances outlines the rules of procedures for amendments to a zoning boundary or district. In general, any person having proprietary Interest In any property may petition city council for a change or amendment to the provisions of the Zoning Ordinance, or the Planning and Zoning Commission may on its own motion or on request from the City Council Institute study and proposal for changes and amendments In the public Interest. The applicant has requested conditioned Commercial (C(c)) zoning district. The conditions proposed are: 1. That uses be limited to general Retall', Office' and Auto Sales and Service. 2. That the southern boundary of the auto sales and service use be buffered with landscaping of small and large trees to mitigate noise and lighting Impacts. ; . COMPREHENSIVE PLAN ANALYSIS { 1088 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Ans. j I These areas are Intended to be developed primarily for single famlly residential development j Neighborhoods are to be serviced by a network of small oommercieVretail centers spaced at about mile Intervals with direct access to 1 collector type street or larger thoroughfare. Vehicular trip j generation due to development within Low intensity Areas Is restrMA to 60 trips per day per acre i i in order to balance land use with road capacity. Staff finds the proposed development to be fairly ! consistent with both the policies and trip intensity standards of the 1988 DDP. 1 1, ~Ib'x i. 7~i K CJ Gx 10 i a 32X I A .1 I f ti 0 ti I ~raeearr I .-._..w.«...+w....w.wfe.wr.-w.n.ww.w...e,... ~ :t r~' I F ' II. I The table below provides a summary of the 1988 Denton Development Plan policies applicable to I ' y this project: I I I' Denton Development Plan Policy Analysis Summary I Low Intensity Area Development RatkV vs. Policy POLICY COMMENTS lnoor t consi"t Intwk Thee area reprrenl prlmwory hWWq arm vdtlwn IN oly, x lntorks". To be oahdNtent WO the Plan, Moftd kit"" . 50 blplif" s devehp should not exceed b Allocated bdenslty ' 2,091 tdWslta x i SM Man canbet. sbkt pmputy ow dero% rewMM ldentli of ! arse: eyj*fv b x Traffic Deopm Accett should be provided to ensue tf M murb•fundy or { non•resWenbei um have aaesf to cdkctas or *W *Wa%Vft Ma dried access through resk'er" mass x ow spm. Vick revaubmW fadllt W dlViewwsiof Auks we provided. x Pubfk partldpd*b , 1W M plannlnp t; raltborhmd assodAs s W council h encamped, x Land the Dhveft Non•rel and mrAb'famlly Oermop v" K ermob ed to a llmltcd &VM. x MamAadhahed Ha W4. This form N sinrqgle-famly h"Iry may be compMlble wtth *M pnwds in the low ""ty are" subod to Caldtlws. NA R amp carwnar". Any form of MM "A Wlp cenvnerdat M stragty dlscara* wVor near low wderany areas. x • . .q .::.1 f...\'Rf.IV.erTiA'IR.'94.• r.r..:, A.a~M)✓Y:[ ] "M.1.'.:1\ r ,'r x P II l 5 f "~l 2x10 ~32X~IO 1 MOND" S ,I I » .4 i i 4 I it SPECIAL INFORMATION 4. Transportation A. Trip generation r Table 1. Land Use Trip Generation for EXISTING PO-12 I Lend Use Average Trip Total Trip Maximum 8ulldout Generation Per Generation Apartments (19.32 acres) 6,59 trips/day 3,055.7 tdpNdoy 484 apartments Office (9.49 acres) NO 2.24 trlps/1,000 3,704.5 tdpslday UNKNOWN(calculation HEIGHT LIMIT (1161rlps/daylfloor) based on 6 floors f 330,791 iflfioor) General Retail (418 acres) 40.671r1ps/1,000 11,388 trlpeday 279,981,68 square feet Total Trip Generation Allowed Trlp Generation 33.57 acres 2,028.56 60 trlpslacre Difference calculate 6,95 times the allowed Wps ' calauts"M pnkvldad by"WNW" of Tnnepofto" anpnaara, I"I. Table 2. Proposed Land Use Trip Generation for Commercial (s) Land Use Average Trip Total Trip Oeneretlorr Maximum 8ufldout Generation Per Commercial (Auto Sales) 47.91 trips/1,000 65,499.95 Vd 1,381,145.7 square feet square feet (sfl Total Trip Generation _ 66,499.96 Yd Allowed Trip Genarstlon60 trlpsracrelday _ i 2092.2 tld 110 trlpsleue Dfference A3,401.76 30.31 limes the slowed t Vs Calculations provided by the Institute of Tra. naportaton Engineers, 1901. I ' f r , ,e fi 5 I,° •a t J ell x ID 32X . o 1 Table 3. Land Use i rip Generation Wkh Llrnks Placed on Square Footage for Commercial (c) Lend Use Average Trip Total Trip Oeneratlon Maximum Bundout Generation Per CommerUel (Auto Sales) 47,91 V1psl1,000 2,084 Ud 43,500 square feet ALTERNATIVE 1 square feel (sf) Commercial (Auto Safes) 17.91 Vlpel1,000 18,371.L9 Vd 341,788.42 square feet ALTERNATIVE 2 square feet (sf) commerelal (Auto Sales) 47.91 trips/1,000 32,749.98 Vd 683,572.85 square feet ALTERNATIVE 3 square feet (sn P ,r `r4 J jl+'1~ Allowed Trip Generation 60 tripslacrelday 2092,2 Vd 60 bipslacre Oifference (Alt 1,2) 14,282.79 to 6.83 to 14.65 times the 30,857.78 over allowed trips ' Calculations provided by the Instilidi of Transporlatbn Engineers, 1991, B, Access This site has access onto 1.35 E and State School Road, C. Road Capacity State School Road (arterial) is designed to carry 20,000 trips/day currently and has traffic count of 3,979 on the west side of 1-35. It Is the proposed extension of Loop 288 and will be able to carry a greater traffic capacity upon ultimate Improvement, 1-35 (freeway) Is presently only designed to carry 62,800 lrlpslday. 1996 traffic counts Indicate 80,000 trips for this section of 1.35• This proposal exceeds the designated vehicular trip generation, however the DDP allows exception for sites located on major thoroughfares. If a specific request vlolates the general policy of the proportionate allocation, a determination should be made whether there are planning considerations that would warrant approval of a disproportionate allocation of intensity, "It may be more desirable to allocate more trip generation Intensity to a proposed development that Is adjecent to .,,existing major thoroughfares,,,," (DDP) D. Pedestrian Linkages Sidewalks along all public streets are required, 2, Utilities This site has access to existing water and sanitary sewer lines (see Enclosure 2). • O • Water: Water lines are currently available: 14" line along the southern side of 1-35. 8" line running through the subject tract. No 11 S1,0 R"[RA dix 7. 25 32XIO %YliVfl O i OAVVM 8" line running through the subject tract. i Wastewater: 24" line on the southeastern border of the subject tract. 21" line on the southeastern border, parallel with the 24" line. " 8" line running through the subject tract. 8" line elong State School Road. 1 Fire: Two fire hydrants are available. The need for additional hydrants will be determined at the time of final plat. 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. 1 A preliminary drainage study will be required with the submission of a preliminary plat. The study must Include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property. The developer must Indicate the method by which the run-of will be carried across the property or stored on the property, 4. Signs As per the sign ordinance. 5. Off-Street Parking New development must provide parI6rq according to the regulations of Section 35.301 of the Code of Ordinances. The total number of parking spaces required by any one development Is a factor of land use and building size, 6. Landscaping ; This property will have to comply with the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). There is a water texture on the property. The applicant has indicated a desire to preserve and enhance this water feature. i 1 1. Lighting Lighting is currently problematic for adjacent residential neighbors. • to A. Environmental Quality Impacts - Noise is currently problematic for adjacent residential neighbors. t , w: 9 h ; ICS 32X 0 0 PROPERTY HISTORY February 20, 1973 - The subject property was annexed and given the Agricultural (A) zoning classification. December 19, 1978 Commercial zoning classification was granted for 7.8 acres in this area. July 17, 1976 - Planned Development zoning classification was granted for 109.1 acres in this area. This included various higher density residei,kial development. July 17, 1984 - The previously described Planned Development was assigned the PDA2 numeric classification. June 3, 1986 - A new concept plan was approved for 74.8 acres of PD-12. This concept plan allowed for apartments, commercial shopping, single family and cluster homes. May 5, 1967 - Created Planned Development for 74.8 acres office, general retail, and apartments. December 16, 1997 - Approval of a detailed plan for 5.491 acres for the Denton Lincoln Mercury auto sales and retail site. Conditions placed on this site were rostricted lighting (see enclosure 5) including a time limit from dusk to 9 p.m. with the exception of security light, which could run from 9 p.m. until daybreak. The subject property Is not platted and would need to be platted prior to any development. I h PUBLIC NOTICE D Nn:',:.e of the zoning request was published In the Denton Record-Chronicle on October 18,1998. Twenty-eight (28) properly owners were notified of the fequest on October 14, 1998. As of this writing, there have been six (6) responses. Zero (0) responses In favor, ono (1) response neutral and three (3) responses opposed to the request. Two neighborhoc meetings were held. The fast on October 20, 1998 at 6:30 p.m. to which five residents attended In conjunction with the applicant, architects, engineers and city staff. The second was held on October 26, 1998 at 6:30 p.m. At the time this report was written, attendance was not known. ' RECOMMENDATION Staff recommends approval of Z-98-051 with the following conditions in addition to the applicants voluntary conditions: 1. Maximum allowable building coverage for this 33.776 acres shall be 341,786.42 square feet, which is afar to area ratio- )f.23:11. 2. Lighting on Lie property shall be designed and maintained so as not to shine on, of otherwise • disturb, adjoining property or to shine and project upward !o prevent the diffusion into the night O • sky. 9. 32 X A i 1 , f r r 1 . w."JU. uMN 1•'1'r7.AJMW1iJlxM.Y. F.?. •'xr v~..w... ~ L ........,L....,. .,.....r.........-., ~ , i .R F F I 5 ,I MOTION I , I move to recommend approval of Z-98-051 with the conditions as outlined by staff: ALTERNATIVES 1 r Recommend approval as submitted. 2. Recommend approval with additional conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. r f r ENCLOSURES , Ya 11,,7+..,-,,, ; 1. Zoning Map. 2. Utility Map. 3. 200' Property Owner Notification Map, 4. Denton Plan Matrix. 5. Denton Lincoln Mercury lighting conditions and lighting fixture details. t • R I J ~ ! 0., tv I I yy 2l I 1 l ? u ALkiii; V 1 n .~.J.n ~~%~.G"+4"C"wA.Y 2~ o... ,rr ,.,~Na.....u,.nrnti.w_WVir+I4~r Nraiftii+e^r f'ww~nYa ~ • Enclosir61 Zoning Map V Z-98-051 P A N A 8 C w E s } a , i 10, .5 ' pa "A2 ;NIP Ni;xvt dlK f _t n ~,a 11. M r , . r ( + i ' ♦;,41,^+$Cti5 F. .`F;i•M15,6•'. :.f i,~]r a4 .'nr r a .+n. Enclosure 2 Utility Map Z-98-051 N W E 8 • S Utility Map Legend Electric Line Water Line Sewer Line • • Fire Hydrant 0 E P, .,j" sJ,Jrr Fr r•; as 12. 2XI { ~ ~4ua.: tom... n ` . •~':J~:~.r~ . t i+~~+a~.+~li4:Ya"j;5~~:~r~~7APYaY!'i'",aClL~,4"e'+nt+q Y.V'~FtiM' r Y1+1~~ , Enclgsum 3 Notifcabon Map A ; James Wood Auto Park N 1,E S ~ i A 4 y Pa l~:L ;lan Reltilt rlo[ 13. 32XIO e 0 Enclosure 4 1998 Denton Plan Policies Analysis Z-98-049 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) is to be used in conjunction with the 1988 Denton Development Plan In evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed development to be inconsistent with the policies of the 1998 DP. The table below provides a summary of the 1998 Denton Plan Policies applicable to this project: i Denton Plan Policy Analysis Summary Development Rating vs. Policy CATAGORY POLICY Inporvstal AmglkO* Consistent Transportation. Condiments Denton's Log-Page Tnoraghfare Plan. X Rwrlotes Access Mar"emal Practices X Optimizes operations for emergency service provldem and ahr pudic service providers. X Remotes pudic transportation system. X ContrIhAn to the Denton Tralls ne[vaxk x Stormwater Onelnapa. Protects 100-year floodplaln arms In accordance with ` Derdon•s wd&VW managerne nt plans. X Conforms to 67ca1 wW%IsW regsdatlors. X ContrlWm to regional detention facilities. X Prwldes for natural mpanan erMnorvnent along Rocddain. X Upgrades existing substandard drainage systems as III X and redevelopment occur Water and Develops and malrtalns property and private wastewater. Indrastruchre. X i Creates opportrNty for ovrsizUq we* and westcwater lines to meet ftk" dem4oprtent demands. X Provides review of poposed water and wastewater infrastructure to ensure pudic safety and health. X " Promates Infill Improvements ow new lure extensions. X S electric "k$es underground electric service for new resldentld and nonresfdertal devetopnent. X solid Waste. promotes etrcwnt access to all deelwnent For sold X waste service delivery, bras and Recreation. locate parks anti recreation fadhtws In accordance wfth X the Parks and Rsreation Strategic Plan. Enhances parts and reveiitm opportuV a for resifttsX 0 Preserve ftoodpleln for parks"open space to ad In 0 Roodplain conservation efforts x Allows combiNng of"with o0w pudic facilIM to x admen! cost erective delivery d pudic seNces, 14. Mississid i 0 .a.r.i44 . r f. ' In xw ewvMJ•\'~'~!ffn F~rc wn. vw•..te xn. xn.' ~ r Denton Plan Policy Analysis Summary i Development Radng vs. Policy FFCATAGORY POLICY uKOMisurt AppRic" Con rA" , x Pesldedal devebprnet snare do&& lard or fees In lku o {and fa nePxftcd parks. Emrlrorarranfal Quagty. Ptw4 a presevabw of nabral resmm x and MMMw ty devdopmmt, wRh ecsnornk g'awM x x .y Kafghborbooda "ma aoaess to pudk so oommurtty faa b s for mWeaal ndghbalwods. EnwWom a Mldure of lard uses Mat txsndR resfdets, x r , RdeM and prewm exktirg ndOboftodf. x hanotet Dky'de and pedesWw traffic WW n aM bdween reWbo tw& to reduce KWatar WA, x llaWnp. Prv tdef a range of housing tytxf M appeal to dl" x econontc and Yd1A" kfe~Ayfes. x Okras a varey d *4e-hmlly lest slm, bWkFng sites, and lake w4p. Preserves edsdng housing, kKkJrg afradade hoWng. x in ~ crease rile hmIng wrOuctlon, x I [aorsonia (anulates b a"and dhesMed b W ew wivy by DNarslfkatiars. Inawffig emplWm and Mwding the tax hate x Covenrs" EE ktep~ ~ cmWinnow to voyMe x Urban Design. Addresxs canmurtty appea anoe in a wnprdmulve x i mamea Dwoft aratte4u II appearance d bWR eMMrAwt. x NelghAo t" WAM &vdoww t ft A be o mpabbk x w" edstrg lard um wd NAlargf. kdec4 and pnyeve Do ob 't v tteftsl, OAral and Ndor" reSOLYM. x ` ~n Enhsnca Me appearance along Maya entranceways. x pramote the presevatfon d b!e and landscaprg. +t'.°,! x • Publk tmrolvasrwnL Provides an op mtAlty fa pudk oWkn earing the x pami g prxn+~ l O • o l a l ~ i, k zhxlq 32XIq A&I - • o ENCLOSURE 5 I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR A 5.491 ACRE TRACT LOCATED ON THE SOUTH SIDE OF INTERSTATE 35 EAST, NORTH OF THE TOWN OF CORINTH CITY LIMITS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Halff Associates, on behalf of Ford Land Leasing Development, has applied for approval of a detailed plan for the 5.491 acres described in Exhibit A, which constitutes a portion of the planned development; and WHEREAS, on October 22, 1997, the Planning and Zoning Commission recommended approval of the detailed plan; and WHEREAS, the City Council finds that the detailed plan will be in compliance with the Denton Development Plan; NOW, THEREFORE I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L That the Detailed Plan covering 5.491 acres out of PD-12, and more particularly described by the legal description attached hereto and incorporated herein as Exhibit A, is hereby approved, such plan being attached hereto and incorporated herein as Exhibit B and that the Landscape Plan covering the subject 5.491 acres, such plan being attached hereto and incorporated herein as Exhibit C, is also hereby approved. SECTION II. That the Detailed Plan and Landscape Plan are subject to the following conditions: 1. No public address system shall be installed as part of site operations. 1 2, Lighting shall be in compliance with site lighting plan which is attached hereto • and incorporated herein as Exhibit D and as follows; (a) Prevention of upward light diffusion will be accomplished through the use of cutoff luminaires which direct light perpendicular toward ground surfaces. i (b) Light spillage on to adjacent residential properties will be controlled as per the • illumination levels indicated on the site lighting plan. 0 • (c) Hours of operation for display lights shall be dusk until 9:00 p.m., with the understanding that securit• sights will operate from 9:00 p.m, to daybreak. it 16. 0 3. Tree Preservation: r (a) The exact number of trees to be preserved is . Temporary fencing shall be placed around the dripline of all trees to be preserved during construction to minimize root disturbances. Preservation techniques as'outlined in Exhibit E, which is attached hereto and incorporated herein, will be observed. (b) The number of new trees to be planted is, all ofwhich will be either red or live oaks, with a minimum caliper of four (4) inches. (c) Any trees that do not survive, whether preserved or newly planted, shall be replaced by a four-inch caliper tree. 4. A screening wall shall be constructed along the south property line as per specifications set forth in Exhibit F which is attached hereto and incorporated herein. SECTION III. That the provisions of this ordinance, as they apply to the 5.491 acres described by Exhibit A, govern and control over any conflicting provisions of ordinances relating to PD-12, as they relate to the subject property, but all the provisions of said ordinances relating to PD-12 as they apply to the remainder of the planned development district not herein amended shall continue in force and effect and shall apply to the remainder of said district. SECTION IV. That a copy of this ordinance shall be attached to PD-12, showing the amendment herein approved, SECTION V, That any person violating any provision of this ordinance shall, upon I conviction, be fined a sum not exceeding $2,000.00, Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense, I SECTION VI . That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the 1day of M 11997, fy' ' C 1ILLER, MAYOR 1 17. / Mrri/IAIA {Mrr~OYrtwl~F'M6R.I F11. M ~ ~ ~ i 1 I 4 32 X I O i • A V t 1, , 1 O ; l 1111 , ' = 1 l ; f ATTEST: JENNIFER WALTE RS CITY SECRETARY , APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY *~"efl ! , ce r ,I. , k l t i • ZY. , 18. 7 r~ ~ r Iinftiel0.A Ai~rOrKp~WMi I,UIM f - -{a ' 3 25'X: 10 32'x d o 11"WA I £?.L fm I I I I I I LIGHTING FIXTURE DETAILS 1 I .I> ~ 1 I I I !I 19. 2 X ❑ 32xl❑ MONSOON= r i, x F 'ell r 0 i . I r i ' I ;I LIGHTING SPECIFICATIONS I FIXTURE TYPE POLE TYPE COMN ENTS HEIGHT WATTS I I Lynx I Light Future 20' 400 w / MH Uesd only along the back of the site next to the residential lots ° r I i Detroit Light Fixture 27' 1000 w / MH Used in the interior of the site ~r {I~ Sector Light Future 13.5' 400 w! MH Used along the trout of the site for the display I of new ears i I i i I r ~ t i . , i I x, k 20. rt 4 ti t1K~.%' r, 25 01 1 LYNX I&II APPLICATIONS Parking areas, entrances, marinas, test food foh and other no-glare applications. - s CONSTRUCTION FEATURES Housing-One piece formed and weld ed aluminum with Internal steel rein- s forcemenl plate. Optical Assemblies - Clear, tem•~ pored, flat glass lens Is held in puce with ` a . seatant tape and six retaining dips. Lens door Is one piece formed aluminum r.• I Irged to housing Lid secured Mill cap- Ilve stainless steel strew. A continuous EOPM gasket seals door to housing, The scoop shaped reflector is speoular, finesr Weather proof, one piece r peraboiic forward throw, providing o* formed aluminum housing > mufr forward projection. Internal shr- minum reflector baffle provides eftechs rear cc:,ff at 10° from nadir. SAM - The ballast oomponerrs we mounted to a formed steel tray for ease of installation and servkirg. Ballasts are HPF and starling rased to -20T Ballasts " for Metal Halide are constant wattage autotransformer, while kph Pressure ! Sodium are CWA with aiecwnic stater. Mounting Arm - 33/1e- x 411he extruded aluminum (6-"for IN I, 10" for LN ll). Mounting arm Is st.plied with Continuous bur 3;e" rods and nuts for easy field doorgaous assembly of lumirLre to pole. Finish - Standard baked-on polyester finish is dark bronze. Other fnishes are Specular parabolic reflector available. with internal tear-cut-off baMe Sealed-in tempered glass lens c -44 LMLNP S EHectfvs Proleoted Aver LM -1.7 Sq. Ft LNII - 2.6 Sq. FL 8.75/10.75 23.2%.8.4, 37 ~ ~ u.5~lasae I Ii ,a~ , WHITEWAY 2' K ~Q 32x10 e a4armw _ . 0 LYNX ORDERING INFORMATION IAMP ORDERING' NET WA PAGE NUMBER DESCRIPTION WULBS METAL HALIDE 1-5W LNI.175-M Wminain wM arm & ?at glass lens 31 250W LNI450•M Luminein wM arm 6 flu Oliat isms 38 40CW LNI-400•M Luminairs will um 6 flat glass lams 38 HIGH PAESSUAE SODIUM 150W LNI-I%HPS Luminairs was wrl 6 not CIO" !or%@ 32 250W LNI.250-HPS luminairs wpb amt t flit class 11M 35 40OW _ LN1-400-HPS Luminous with am a 9u class lane _ 31 U.L. & CSA Listed LYNX 11 ORDERING INFORMATION NET WATTAGE ONUMB£R DESCRIPTION WT LBS METAL HALIDE 400W LNII.4MM Luminaire wM arm 6 Pat glass Isms 63 1000W LNII.10MM Lumiftme WIM arm 6 112104M *me 75 - HIGH PRESSURE SODIUM 400W LNII-400-HPS Lumir4re with Lrn 6 gat 9iw Wd 76 1 Now LN8-1000-HPS Luminwre we um 6 flat 0iaaa Nna 82 an: so.W eM.a Atioe -'m, ea. 140' n. .71 AN d MT, U.L. A CSA WWI Ccb! DN ate„ IDea 4 vaOr4.ON b~a4e eti.Mr, e.r.' - av1. OPTIONS ORDERING INFORMATION FOR POLES A BRACKETS LSCRIPTK)N ORDER SUFFIX _ .-SEE SECTION 0 PnotoeNCrk trol- 11-in, 120v • 277v pr, Photo Recoptaca - 480v _ PR Wan MDunlrq eradut WM DISTANCE _ RATIO . SnOle Fuse SF MOUNTING HEIGHT Double Fuse DF I ISOFOOTCANDLE CURVES Lull-1000M LNI-400M Nr" 501Ux FOOTCANINUIS OOLUX DIAGRAM VIAL MORLL 3 FCOTCANOIES 5 _ 1401alfT4 t16g1/T -14 25' 33 MOUHTra rErOrt 4 20' 30' W l 4 20' 25' 30' 35' 40 A 10 6.4 • 3 f i A 10 6,4 4.4 3.2 2A 3 1 5.0 3.2 2,2 1.6 1.2 1 5.0 3.2 22 La 1.2 2 C 20 1.2 AN .63 SO 2 C 2.0 1.2 49 .63 .30 0 1.0 44 .W .33 .23 1 r v- -1 1 1 I D 1.0 .M .44 33 25 E 311 .43 Al M .II 1 7 E .70 .0 .311 23 .1S FRONI F .50 32 22 .1e .13 0 p FAO p F .!0 .32 .22 .11 .13 REM i REAR l 0 A0 .10 .13 .10 08 aF 0 30 .19 .13 .10 00 3 2 t 3 2 1 The neat nae been pnpaed h aawdence MCI IES pMlOaa an *$AV pecaduns a N npffl"lN tyWIN" WOW tN10M afandM*W and stsbAnd ta1d00716 W M Oft" bdomf CM Caine ct*WKea 22. 6e1ow;ab"bydanand aclt4PWpwb"&*a WHITEWAY 17te Q. A. Cwnd COW 4111541 MN 10 32 110 • O { DETROIT APPLICATIONS Parking areas, auto bb, tennis courts, and other no-glare appilcations, CONSTRUCTION FEATURES Luminsim Housing - A bold and rugged extruded and welded aluminum hcusing. Boor Frame- Extruded, fully gasketed,;~ Y'. door assembly, hinged, and latched for tool-less entry. Optical Aseemb.y - Clear, tempered, flat glass lens installed in extruded door frame. A sharp cutoff bnvard throw dis- Irlo Aon Is produced by a highly specular anodized aluminum, linear parabolic reflector. The optical assembly is field adjustable allowing 90' rotation for total light flexibility. Lamptr kW - Enclosed mogul pone- Ian socket with spring baled, nickel plated center contact and reinforced lamp gffp screw shell. High Pressure Sodium sockets are pulse rated. B&MM Assemby - Starting rated at -20'F Ballasts for Meta Halide tamps are constant wattage autotransfwmer type, r Ballasts kx High Pressure Sodum lamps T are constant wattage autotransformer a ❑ type using an electronic starter. AN bel• lasts are High Power Factor. Mounting - Flush mount to a square pole b standard. aint 6 Finish is Standard baked-on , For ester _ Bronze, For other Arr p i0esaint' conishnsufalt FactDarkory. l I ~ ' 42 Mt I a . • Effective Projected Area: 3.8 Sq ~ lO , 4 f. WHiTEWAY 23. _ r ~~~'r 2 5 x2 X 10 + E DETROIT ORDERING INFORMATION LAMP ORDERING' NET WATTAGE NUMBER DESCRIPTION WTrLBS METAL HALIDE - - 40OW DT-4Wh&Fr Lww*roweWOlauWw 121 I000W DT-1000M-FT Lumarlwl FAMau Wo 1>a _ MGM PRESSURE SOOMA 4" DT4WHPS•FT U MM" w211 Be Om" ttu 130 1000V1 DTt006HPSFT LumhoirtwIMFldgW1WA _ 14A 'Moro dpm* oral wry. -+IO.703 in, m. 37. M1 v Wr. UL ~ DSA ll;hd E aev7 men L o.n lmts 0)ID IY oisa Otw tr,. asum OPTIONS DESCRIPTION ORDER SUFFIX 71ato Peclpt 66 0000 A 4 h P R Mj%TAp 811119 (12N 10 277x, MT REFER TO POLES 8 WOWS SECTION FOR ORDERRIO IIFORWTION ISOFOOTCAIrDLE CURVES (FI0dZ rlW Luminaire Series: DT-1000M-FT Luminaire Series: DT1000HPSFr 4 60wx DW.J" MAL ; 0 SOUAM DM W A a7i ^ 1 3 Moortw 7t1(if7 0 MOW"NOW - 7' 73' 70' 30' 10 20' 2S' 70' 32' 40' 2 2 A b 11 10 77 SA A 22 11 10 7.3 of 1 E 11 7.21.03.1 it 1 1 11 72 !.03.17.1 E C co 1.1 LO 114 1,1 Ft10NT C 1.3 2.1 LO 1,1 1.1 PAWp ILL 0 2.7 IA 1.0 REAR 4 72 1.1 1.0 .T3 71 AF.AII lk W= .SO JA 29 y E 1.1 .7 .lo 21 21 f F 402120.14.11 F 4521x 114 Al 24 3 2 t 0 1 0 2 I O 1 • 2 RATIO = DISTANCE . MOUNTING HEIGHT flit sport 7111 D11n AVOW H IOOOP cv 1t11fl a VAW on b1Mp pf"Ciou E Y np4we" of A3**" kew vIA1r 17•IIom*oQ rd 111DA210007d1L'MII K4aM oplMhp Aepr1 an nLe1 dk~nneu p+tw2ln tDarrbry ate! /na 2eaar Aa2tp~brnr~01. WHITEWAY 24' ff730•rw A+vA CNlni/,OW ~Il77 A+>1 MtOW c #j~*a~~ w x to 32X ❑ 0 ' a SECTOR APPLICATIONS Auto !alas Id tenris courts, building facade, sign'billboard and olhor applicatbrldnepulrhg - Y ' vrr r oplimumlight control. CONSTRUCTION FILATURES Luminstre Houeing - Tyre So= led" lye twin opll:al ossembt}as with identical boom spreads, Each opical head consists of two ref odor half sod=$ Mato from extruded alu- minum, anodized processed to provide opecu- lar or diffuse Michas. Lipper and lower halvae are secured to a key channel locking bar and held rigid by to cast aiumirxm and plateau Lena is tampered, clear, flat glass WIM an extruded oi tinned EPT gasket for high temperature operatim Each assamby Is secured to the sanest companment and orl- arced to aiming pcs*n by a single pt.ot and locking screw. Lamp servicing Is through a door, hold securoy by wows, on the and plats. Ballast Compartment - All akrnlnun Con- struction with Idoctlon of two mounting arrangemorts; 2' hub. A'ue largpn racassed access coves is gaskated for rantight rating and provides total socoss td all ballast compo rants. 2' hub modal Includes a tnMrsal ed}ustabla lauding prate that is VvIed W11 any p01e shape or was. Integral Ballast - Starting rated to PW Loddng Screw •20'F Baeast for Metal Hondo lamps art eon- slant waoage sJotransformer ICWAi type. eaWt for High Pressure Sodium Wnpe are constant wattage autotransformer We using an electronic atanor circul. AN balleats are High Power factor. Mounting - A 2' pipe threaded hub or oou• piing with a service entry thru ft oantar b n ocessaryonly br Vs 2' hub modet mounCrtg. Tho 2' sliplMer mcunted model an be irstaned wtth 4,e normal 2' pipe nppltlpole Individual lemon, Integral Almhg Adjustment-Each optical assamby eallasta is secured to 74 sides of the ballast compeli 1 Mont wth a single p;wt bcbng scror. P)M locking screw ra accossiblt wM ballast corm- partrntrg coverremcvod• • Lampholder - Enclosed mogul porcelain sockel wtth spring boded, nickel plated center contact and ronforced Wrap grip screw shot Ali High P ensure Sodom sockets are pulse 380' Rotation Read. l txml t! I L75 Lamps - Aoco iriodata 250 wall and 100 wart Meal HaI de and High Pressure Sodksn. Mar wanagos and wrap typo awlabft on C request Q Flnlah - Standard bakei po"star Q 7/ paint finish Is Dark Bronco on optical xis a assembly and end plats, mounting, !lice s and ballast compartment 1914mb1. Rafloctors are anodlxod processed on boot Iniernai and extornal surfaces. Note. thsOned,& up and dowleMed filming ILJI WHiTEWAY EMrc*# Pr*cWd AMC 4.9 Sg.IFt. 25. O 4 y SECTOR ORDERING INFORMATION LAMP ORDERING NET + WATTAGE NUMBER DESCRIPT10t1 wrkss METALNALM , 250 W SR'256M12 RAw 2v x Sh bwn 62 2SOw W250-M." Type hx ST boom 62 ADO W SR'400-MA2 Typo N x Sh bmn 54 4DOW SR'400-M-0 Typo 5v x Sh boam 59 HIGH PRESSURE SODIUM 250W SR'250.HPS42 lypa 2v x SA beam 97 250W SR'250•HPS49 Typo 5v x Sh bum _ 97 AO0W SR'400-HPS42 2v x Sh boom 79 i 4CC W SR'400.H123.15 Sv X Sh bam 79 NOfl. 4e"s .A.96-1 a rn, t.a 2"T up a Ab WT U.L A C9A llaW 5irdu! A Lr ~ D~~ awu. b mw An.nt unit Mar , OPTIONS DESCRIPTION ORDER SUFFIX A~uatada 1 f bnY minq EY,Mdad and AA AMA Ice Lat" Aoniy SC Square P,ohla Shroud On OpkW AmmUes PS Smgie Fuse $F DouGa Fula DF Option "SC" - Extended Arms M WHiTEWAY 26, Ip h Y A r ; I C:~ 3 2 x I f o 4Y . O EXHIBIT E XEAIORANDUN11 TO: John Cooper _ DATE- November 23, 1997 h County Extension Agent • Horticulture 4 Denton County FROM: Jerry F. Roberts AVO: 16237 SL EJECT: Denton Lincoln Mercury Based on our meeting Friday, these are your recommended rules of thumb or guidelinet to be followed to preserve the trees: 1. The root zone area is a circle having a radius equal to the height of the tree. The depth is variable. 1. No more than 50 % of the root zone should be disturbed and construction should come no closer than 5' to the tree trunk. I . The tree top should be pruned in rough proportion to loss of root zone. If 50% of root zone is removed, prune no more than 35% of the upper gro%i't. I. Installation of landscaping or turf above the root zone should be done by hand or by small equipment operated by a skilled operator. I . All preparation work in the root zone shall be accomplished in the dormant season. The dormant season ends in early March. L Piping for irrigation systems installed in the root zone should be run radial to the tree trunk h rather than across the root zone. j I. Installation of pipelines across the root zone should be bored under the root zone, 1. Post oak trees are especially sensitive to d,sturbance. r1P' 27, o 1 N lam AFAC M wi NN l ® ■'L~1 ~1 moor LA ~rr/ i 1 ,I N _ td t H [O 1~Y0 M • 1 j H Rw a M T M1AR 1 j Iwr/ wMY • IC~~p~ILL li rIRY1. Y//RIYR.. ~ y ~ ~ w~Y 1 ~r/~/RR•RI {1 f~~A• • 1 knubc- MtAIL S1 L% f A 0 Planning and Zoning Commission Minutes ATTACHr:ENT 2 October 28,1998 Page 3 of 15 Mr. RisheL Mr. Donaldson, could you tell me what the most immec its plans are for that road and how 4 effects this business and the one that's going In wdh the DISD, Mr. Salmon. As a matter of coincidence, we've had a bid opening on reconstruction of Mayhill Road from McKinney Street north, and we're hoping to be under construction with that before the end of November. it will be a four- lane-well, let me back up. It'll be 45 feet wide wtth curb and gutter on each side, which gNes If the potential to either have two lanes with parking, or It could b, tour through lanes Commissioner Engelbrecht. And do you see any parking on Meyhill Road between McKinney and Loop 288. Mr. Salmon Probably not, but that section fill either, Commissioner Engelbeechl Questions for Mr. Burke? 11. Hold a public hearing and consider making a recommendation to City Council concerning a change In toning on 34.867 acres from a Planned Development 12 (PD•12) toning district to a Conditioned Commercial (C(c]) toning district. The 34.867-acre property Is legally described as being part of Block 10, Wlmbleton Village, Phase V, part of Block 11, all of block 12, and part of Block 13 Wlmbloton Village Phase IV, and all of the dedicated rlghtof-way known as Walden Place (shown on the revised plat of Wimbledon Village, Phase IV, now legally vacated), R is located on the aoulh olds of 1.35E, east of Stela School Rd (246431, James Wood Auto, Trine McElreath) Commissioner Engetbrecht. It's been an hour end a half, Commissioner Do you want to take o short break? Do you want to move on and finish the public hearings? What's your pleasure? Finish the public hearings? Mr. RisheL Yes sir Commissioner Engelbrecht. All right. Item all is to hod a public hearing and consider making a recommendation to City Council concerning a change In toning on 34.667 acres from a Planned Development 12 toning district to e Conditioned Commercial zoning district. The 34 88'-acre property is legally described as being part of Block 10, Wimblelon Village, Phase V, part of Block 11, all of Block 12, end paid of Block 13 Wimbledon Village Phase IV, and all of the dedicated rghlof-wev known as Walden Plate (,hown on the revised plat of Walden Place, etc.). It is located on the south side of I.35E, east of State School Road. Me. McElreath, would you give us the staff repM, please Mo. Trlns McElreath presented the staff repaid. Ms McElreath Yes First, I'd tike to say that, since the agenda was posted, we did have a reduction in acreage-- 33 716 is the correct acreage, Commissioner Engelbrecht. All right Ms McElreath, The applicant has requested commercial conditioned toning district, And the condition that the applicant proposes ore that uses be limited to general retail office uses end auto sales a.id service out or the commercial district; and secondly, that the southern boundary of the auto sales end service use be buflered with landscaping of small and large trees to milgate noise and lighting impacts. The 1988 COP shows this area to be w1hin a low intensity area. Staff finds the proposed development to be fairy consistent with both the policies and trip intensity standards of the 1988 DDP, Table 1 shows lend use trip generation for the existing planned development This is-could you room that just a little bit, Wsyre-just a Ir*.Ib, This is PD-12, and you'll see than along the freeway, there is commercial, some single-family abutting down here This is currently developed as single-family, although 8 Is zoned-although the use aAucated in wD 12 is multi-ramify. This area outlined in black is the proposed toning before you with multi-family, office, general retail, The land use trip generation for this area is O about 3,000 trips for the apartment, The office to difficult to pin down because there to no height limit; end O therefore, we don't know the exact square footage, and that is what our trip generation would be based on. However, 1 generated just an estimate based just on two floors, and that would be about 3.700 trips a day, The 4 general retail, which does have some limitations In our zoning ordinance based on maximum build-oul, would generate roughly 11,380 trips per day. An of this comes to about nine times the allowed trips for that area. The proposed land use trip generation for this area, at maximum build-oul for commercial using auto sales numbers, generates about 65,500 trips And that would be N they did a monster building and that would be difficult with auto I I i , 29. CCYL1''r _,~Lter , , t ry♦ iw `w'P, r.. / y ! 3 2. X II J - s 0 Planning and Zoning Commluion Minutes October 28,1998 Pape 10115 uses and service: but 0 they did an enormous twenty-story building with all of their cars built on the floors, no parking at all, they could 9o 65,500. While we realize this Isn't realistic, this Is the maximum, most outrageous Ining that you could Imagine on this particular zoning, Table 3 shows that land use generated with simile placed on the + square footage for commercial, which would still allow the developer to do his proposed expansion, generates something a little more palatable at far so slag is concerned with ratslion to the Denton Development Plan. You'll we that there w three alternatives, The first alternstlve Is meeting time Denton Development Plan, not exceeding it,@ trip generation, and reduces of floor area ratio to stxwt &I WIN to 1. The meow alternative is a quarter of the maximum build-out and has a flox area rata of almost .5 to 1, and the third alternative Is half the maximum build. i out, which Is a one-to-ons Boor-to-ares rata. That gives you on Idea of certain lmitationa that could be placed on there, and what kind of traffic impact 9 would have, This site does have access to 1-35 and State School Road. And while State School Road is serving right now as an arterial, M Is desig nod to carry 20,000 trips per day and has I a Iraffw count of almost a,000 11 Is the proposed extension of Loop 288, and to lt ooutd accommodate In the future a larger number of vehicles But speaking today for the zoning case we're presenting, we have to look a1 this as What It Is serving, and It's serving as an arterial at this point and only two lanes, 1.35, which is a freeway, Is presently only deeignoted to carry about 53,000 trips. In 1898, the traffic count indicted that lt was carrying 80,000 trips, so 1.35 is already considerably over capacity. This proposal exceeds IM designated vehicular trip generation; f" however, the Denton Development Plan allows exception for sites located on major thoroughfares With this one having access to two.-well, to one existing freeway and to one potential freeway, this definitely qualifies as a aka located on major thoroughfares 0 a specific request violates the general policy or the proportionate allocation, a determination should be made of whether there are planning considerstWo tall would warrant approval of a diaproportanste amount. And like I sold before, in plain English, this means that it may be desirable to stiocate more trip generation Intensity to a proposed devssopment "I Is adjacent to mo)cr thoroughfares Finally, I'd Nice to talk about public notice for this site, There were tweny-eight property owners notified for this case. We have had two public meetings-one was last week on Thursday night. We had kis attendants from the neighborhood, and that was the City's mall-out that Inspired that. Mr, Wood also took It upon himself to have a secant neighborhood meeting this past Monday, to which we had fourteen attendants He did a door-to-door announcement with the door hangers and the whole nine yards At both meetings, the neighborhood word frnm strong opposition (Ywo don't like lt,' 'we don't want A') to 'we understand M', 'we'd rather have lt than muAl•famlty and 6K sounds good' To dole, we have seven written response"hies responses in favor, two responses are neirtrat, and two responses are opposed to the request. it In my understandM,g, ekhnigh 1 donl have it in writing, that one of those responses In opposition cannot be changed because the gentleman has gone to Peru and will not be back for some time So, there was no way to get a written turn-around on that response. The second negaii response that we had war from a women who did not attend either public meeting that we held-wither nephboMood meeting rather. So, there really was no way to discuss the actual proposal Including the landscaping and the knmediste expansion that's proposed Commissioner Engelbrechl. Ouestions for staff? The responses you have- !nose are within the 200-foot notification? Ms. McEkesth Yes M CommUconer Engelbrecht: And I would assume that the process of notfiertion that this app''uant went to Included some area beyond the 200-foot rues . Ms McEtreath: Well, the two Commissioner Engelbrecht, In terms of the dnor hangers and that oil of things that they did. Ms McElreath. Oh, yes; that went to the car s Aually, I'd have to let Mr. Wood answer where he hung them. It was my undenlanding that it was going to go c~ We In this immediate vicinity, 1 . Commissioner Engelbrecht: Right, Gsner0i- h YM neighborhood, Ms McEkeath Yes 0 Commissioner Fngelbfecht: Any other questions for star Petitioner or pelltionar'a representative present? 0 you would, please give us your name and business address . I I 30. 10 32X~D O w , Planning and Zoning Commission Minutes October 26, 1993 Page 5 of 15 Mr. Wood. James Wood, 3906 1.35. We did all of the neighbors in the whole neighborhood, We went back, because our notice was a link quick, and we were concerned that we didn't go for enough out, And so, we made up posters and went and put them on their door. Arid so, then we did get a little better turnout the next time, We had 14 . Is that right? Okay. So, we got a little better turnout. What we're desiring to do-there's State School Road along here, 1-35 along We. and where we are right Mre is our original--is our 13 acres-is where we're located right now, and we needing to expand. What we're-the lard back here-we don't have any a-we're not ready to do anything with N right now; but we do need to come over here and build a new bulling here, one here, and expand this service center, and a building over here for used cars. We'd like to have the used cars operat'on and part of the Chevrolets even down here on Stale School Road. Whet we've done and I've got 0-11 let my landscape-we've got an architect that's worked vith me on two or three projects. And he really does a good job, Jim Lambert out of Dallas; and he'll show us what we're doing to protect the neighborhood. But the land beck here behind which is about 20 mores, is not going to be developed yet. What our plans are Is to wail. I don't want to be trapped with how much land we've got for a new car dealership, and I really think that we've probably got enough where are, but Denton Is m growing community, and things are really changing, and wl certainly don't want to be boxed In. So, we went ohead and zoned this this way; and our plans are four or five years or su or seven veers, d we see that we don't need this land behind here, our plans are for offcs"robably for doctors because of the hospital that's going In right across the road over there from us. And we're teeing it out of the PO-12, which would do away with the multi-family. We don't think maybe the traffic that we'd rave there with muni-family and our dealership would really be what we went, but the offices and the doctors' offices would probably be a good swop aver--of going over to the residential area. And d you could, I'm going to ask Jim to come up, pkmse. I'd like him to go over the landscaping we're going to do here with you to protect the neighbors, and he can tell you what we're looking mL And I's what we've showed the neighborhood that we would do Mr. Lambert Hi. I'm Jim Lambert from Dallas. My address Is 2700 North Hall Street In Dallas 1 Commissioner Engelb•echt. Thank you Mr Lambert. This Is not, of course, the landscape plan. Commissioner Engelbrocht All right + Mr. Lambert. This is a concept, and Mr. Woods has told you what he means to do. This is his-the exifnng- dealership that he bought right here. He needs to expand over here to this piece; he needs to expand uv.,r to this I piece, he needs to expand to something in here. I came up and looked M the site, and this if all very grid vegetalion, and there's some excellent beautiful trees in here. There's an existing lake beck here. Mr. Woods { wanted to screen this from the residanlial area because he fell like that would be a major problem. I agreed with him at first, but then Oiler that I looked at some plans, I thought maybe d would be boner to put ft up here. because this is 15 feel higher than the edge of the easement that goes through there for drainage. We would propose that we leave all of the nalural groves of oaks that are here. Even out in the parking lots, we will pave onto them with porovs pavement. We will protect them in green areas here and !n green areas back here and have them M green areas here Along the creek, we'll leave them where we can. We'd like to mow the wild brush that's In there and clean up the little things-the briers and the brambles and gel It down to a natural meadow. We want to put a major screen up at the higher elevation-first, an evergreen hedge that would grow to 25 feel and then an evergreen tree . area that would grow Irom behind that, that would go up 60-65 feet, The plant list that's In your tandscepe ordinance limits that a little be, but I think we could work with you and rind the right plant to do If And this would help with drainage and everything This would be Ihkk vegebalion mowed to whatever your ord'i^anca will allow us i to in a meadow-like state . We wanl to leave the fake, We'd like to even Lite A for a picnic area for the employees back up here cat course, all of this new development right In here would follow all your codes for landscaning. and I rind d very progressive and don't have Orly problems working with you 1 Commissioner Engelbrecht. Any ouestlons for the petitioner For either one? Thank you, gentlemen. Is there 1 0 anyone present who would like to speak in favor of the petition? Is there anyone present who would like to speak In favor of the petition? Abase give us your name and addrets for the record 0 16 Ms. McCombs Hi, I'm Yickf McCombs. and my address Is 3336 Wessex Court. I'm the culprd that started the second neighborhood meeting When I had a neighbor call me a week ago Monday and asked me about the rin" ing on Tuesday night, I didn't know that tl was scheduled for Tuesday night. So. I asked Mr. Wood, and he it 31. Maw ~ . k ~yr-*= r« t (1 i 1 Ism ~1 1.1 32X t J ! 0 , O I Planning and Zoning Commission Minutes October 26, 1998 Papa 6 of 15 generously took 'd upon hlmself to respond immediately and notify the rest of the neighjorhood This is a document that I'm a little more familiar w9h. Mr. Risher Can we get some zoom? Ms, McCoi This is our neighborhood back here, You can we where the res,dential lots back up to what is ,platted as--caned the channel. This plat has existed since 1981. There's etso-I'm a little confused, and we'll get a chance to talk about N I guess. But there's a so a plot that goes along with this of Wimbleton Boulevard as It was designed, It's dedicated public right of way. Anyway. I'll get ba^k to N M a little bit, but 1 Just wanted to give you a little but d e rolatlonship about how close we are PO.12--every~).-,^ I've talked to for the lest three years, there s one word for d Mark, you know what that is, It's a four-letter word and it's 'ugly' There's been a lot of chi Net within PD-12. N has changed significantly since Its original plan. There were a lot of errors and plans, upon plans, upon plans, so I know everyone's looking to clean this up. Mr. Wood lees responded, I think, M a very posdive way to some of the concerns. One of the moor concerns war a mufti-family that our neighborhood had three years ago when another plan was presented, and he's taken that out. He's done a good job. It's a little scary, you have to imagine going from a clammed development where you gel a "a plan, end you get a pubric bearing to comment on that, and you're going for straight zoning where you don't get that, And you're talking about a residential neighborhood backing up to commercial property. At some point, you have to ha.e a little faith, and Mr. Wood has presented himself 1e be a person that cares about the community and wants In be responsible to his neighoore So, I'm happy Io stand before you to talk about the fad that 1'd like to see this approved t si before the City Council, I think k was back In Februory, about fighting in particular, and there are some reasons that I have for wailing to be sm odvoate and wanting to see good lighting around our city I know that there are two things In particular-three actually, but two that the neighborhood wanted answers to-one Is lighting, one Is the outdoor speaker system, Mr. Woods responded to the outdoor speaker system by showing us that they were moving towarl new technology, which were the beepers, which would take away that In a very short period of time. The lighling-1 had to tell you I'm disappointed. City Council recognized that we had a need to do a fighting wdinena so that we wouldn't have to hit these zoning case by zoning case, and Pm disappointed that we haven't gotten here yet. We're seven, eight months into the future, and we still don't have that. Mr, Woods had contacted me several weeks ago, and we had actually sat down and talked about him voluntarily reducing his lighting-maki - N better without a whole kit of modficatwns. And I really respell him for doing so And a lot of my faith in what he's going to do and the reason I can recommend this Is he's taken • little loop of faith and believing that he will do that, and M we come back to him with concerns about anything that's being proposed, that he will respond to that, Mere than anything, I'm concerned about the Issue of education of what good lighting Is And I hope-I've gof a small in'irmauon packet, and since I think I know all four of you welt enough, you can can me anytime you like, end I'd be happy ! z deliver that package of starter inlormelwn about what good lighting is. M: I d like to see on advocate around the city from you fuys, from City staff srtd start feat education process. The one concern that f do have does concern Wimblelnn 3oulevard. Even in our old plan as well as our new plan, the third new thing that people responded to was 6oodin2 In the spring rains in particular, the channel hasn't been maintained In many, many years, d ever. We do have a very good response from the City right now about mowing, and so we do have better water (lowing through there. This is a direct re ufl of Unicorn Lake. I've been watching the Unlcom Lake zoning uses as they come up and what's going on up north of us, so to speak, because an of those feed directly Into Unicorn Lake and from Unicorn Lake across State School property end underneath the culvert out here on Stara School Road, right here behind our neighborhood So, we're concerned about any more run-off which we're having as we have development. During spring rains. II gotten to little but mrre each year. We have a property owner right here, on this corner lot, that the water's gotten up within a icw feet of his home, And wit hove another neighbor- I can't tell yw exactly which lot she is--but it comes up against their back fence lane. And so anyway, there is a concem about flooding In-end I know that everyone runts to msko sire the( we do that-'we just have to take a look et d as each cse comes before the City. One thing that would ,,evenl that from happening Is that d we conlinue, of if we ded-ata this, maybe not as Wimbbton Boulevard, but M we have this 80 feet Vint-of-way, that we could leave as open space We talked very III cally about that In the new Donlon plan haw-thei how we ® prevent soil e, oston, end we protect areas from flooding Is to allow that grope y not to be developed. A whole lot of concrete's going to go up in here, and we can help that a lot Just by leaving this alone, fm rat exactly sure how the p zoning-because I dk n1 see this described in the acturl zoning case as N appears tonight, As far as 1 know, it's legally plall id as W mbli Boulevard. I don't consider N a financial hardship, This has been platted : i,ce 1991- A~ dedicated p zh!in of-wey. Once you hove dedicill public right-of-way, you don't pay taxes on N So, no taxes have been conocteo iar the property for seventeen yeah. So, that is my one request, Sul I do wan( to give- 32. _j 32X a annex 0 m>~~r 3 PWn, ping and Zuning Commission Minutes October 28. 1998 Page 1 of 15 Mr. Wood has my whine-hearted support in the efforts that he's put into this, ono I think our neighbors appreciate A. 1 hey appreciate d by tot showinp up here. So, thanks for klting me comment Commissloner£ngelbrecht Questions? Mr, Risher[ Yes. Ms. McCombs, I want to clarity for our oud,lia at least-you're disappointed. not with Mr. Wood in the lightin(1, but with the City and the action we've taken. Ms. McCombs. That's correct. Il Rishel Okay. t i isl wanted to make sure I clarified that. Ms. McCombs. Wire slow Mr Rishel It's on its way Commissioner Cnyebre hit Have you a-Mr. Wood alluded to The landscaping, and I know that-I'm sure that was a part of what served to convince the neighborhood that they were posted, that they liked this option. But Ilia staff ~nskes no Indication of any specific required landscaping, which would mean that they would simply be required to follow the landscape ordinance, and I don't say that to Mr Wood. But Mr. Wood-something could happen, and It could be Mr Smith's operation tomorrow, in which case the zoning or whatever is there is what's going to rn with d. And I just wondered 0 you were aware that there will no landscape specific landscape, issues mentioned as part or conditions to the ordinance. Ms. McCombs. Yes, It's a trust issue I's the some wth the outdoor speaker system; Its the same with the lighting We had some specific conditions y,t In the Denton Lincoln Mercury, and at the time that reamed like the best thing to do. You ;now, I hope we speed up things because reafy, the way to do it is not to attack d tuning case by zoning case. It's to put the ordinance torather that everyone :an-and No not so much restrictive me just what are good things to do. And here's the lighting that we're going to Input because 4's the pfN)t r w^.y we can accomplish the same goals by just using good fixtures. Commissioner EngelbrechP I understand, okay; any oths r questions for Ms, McCombs Ms McCombs Thank you Commissioner Engelbrecht Thank you 1s there anyone site present that would like to speak In favor of this petition? Anyone else present to speck in favor of the pet',lon? In that case anyone present to speak in opposifbn to the pit ioJ Anyone present to speak In opposition to the petition? Given no opposition, we'll waive rebutter, public hearing is closed Ms McElreath, any final staff l!irri and a recommendation, plasse Ms McElrealh, I have one comment about the Wimbleton Boulevard that we've shown here. Unfortunately I don't have the date, but Wimbleton Boulevard, at well as a large residential subdivision to the south of this„ has bean vacated-legally vacated there Is no Wimbleton Boulevard as of today. If There Is a righl-of-way to be built there d wrruld have to be replatted rededicated, I did want to hake that clarification, ".ommissloner Engetbrecht. Very good, thank you His M;Elreath 1 also wanted to clarify that whin 4 doesn't get specific down to plagting moterla'e and numbers, kit 0 ood did volunteer a condition to be placed on [his commercial zoning that the solthern bwndary of the auto sale; end ssrvice use be buffered with landscaping of ar-," and large trees to mitigate noise snd Iightinp Impacts So, he is vulunteering to put that in befo.a he gets the AdrIz to of occupancy, Howewn, It doesn't get do win to the •ub and bcAs of planting materals and oumberr of plantings Staff recommends approval of 2-98-051 wtih the to%*;,,; ,,onddlons, In addition to the applicant's voluntary conditions. Maximum allowable building coverage for d this 3311 acres shall be 311.788 42 square feet, We can round that off to 341,781 square lest, wrl Is a floor-1o- B area ratio of 23 to 1 Secondly, that lighting on the property shall be designed and mainlaln3d so as not to shine on or otherwise disturb adjoining property of to shine and project upward to prerenl the diffusors Into the night sky, 41;x' which is our banderol wording for fighting I would like to show that we have sttechad In enclosure 5 for you-0 copy Sf the ordinance that was given for the Lincoln Mercury dealership to show what kind of lighting restrictions ii placed there. 33. 32 x • 01191:11111' ow ' o evae7WY i Planning and Zoning Commission Minutes October 28, M Page $ of 15 Commissioner Engelbrechk Yes, I saw that. Oued'ions for staff? Mr, Bucek, I want to be sure that I'm clear. You talk about voluntary conditions Ms. McElreath. Yes, sir, Mr. Bucak: Does Mr. Wood mind that this Is a condition-this landscaping here? Mi, MaE reslh: No, air. Mr. Bucek Or would that conflict with our landscape ordinanoe7 Mi. McElreath. It does not conflict. You an always hsvu over and above. This is a voluntary condition that his proposed when he came to us With the project. Mr. Bucek: Okay; so what we're looking at right now it already part of the case, part of your recommendation. Mr. Rishel: No, Ms. McElreath. Y,Pll, yes, sir. It's part of the conditions that were offered by the applicant with the ass and then staff added two more conditions. So, there are four conditions in total. Mr. Donaldson But the landscaping oondN'an refers only to a buffer and Ms McElreoth. This right here. Mr Donaldson: we've had mention to pht of preserving the existing tree stands, that I'd love to see built into the toning is a condition Mr. Risher, I understand we've brought on board Mr. Lambert, who's a landscape archdect; and I certain; wouldnT want to tie his hands to a plan that Is conceptual a1 this point and time Commissioner Engethretht. I think staff told us', we have a voluntary plan. Ms. Gourdie. A voluntary condition Commissioner Engelbrecht Avoluntary condition. 1 Ms. Gourdie .which wo are under" Impression that No going to include the tree stands chat Mr. tambert pointed out, is going to Inducts the south wan, a screen of 25 feel shrubbery, and up to 60 feel hlyh plat Lees, which will be used In occo lance to the trees we offer In our Denton landscaping plan-and plus the shrubs and stuff that are on the corner. I'm under the impression that the voluntary meets-what you've shown us Is what 1 you're voluntarily offering. Ms McElreath, The voluntary conditions . Mr. Rishel, I think the pine trees are the 25 feet and those other trees are 60 feet , Commissioner En(,, Ibrechl. Well, obvIousy, the specifics of the trees are to be determined; I think that he made that cleat Mo McElresth And the xndition Is limited to this, They proposed to preserve these with further development, but the condition on the zoning to only limited to this buffer. ' e Ms. Gcurd'b Now, you said they propose that to further do ftment. I wn under the Impression that when O , !hey-they, wanted to go and clear that out and make N a meadow, tnis time around Are they going to wait unt6-1 was under the impression that they are going to build their property and then clear N out and in 5 to 7 Years put offices down there, If their company does not need to expand. 1 34. y, ?5 ❑ 32XI❑ r e C f Planning and Zoning Commiss on Minutes October 28. 1998 Page 9 of 15 Ms, McElreath, There are no Immediate plans for this area. However, he did make k ve,y clear that 5 to 7 years, as you say, or sometime In IN future, that they are looking to put medical kind of off lice use there. But preaenlly, the only plans that he has are the expansions of this, with the oonditbn of this landscape buffer and the ChevrolM sales and service house Arid like you sad his-what Is that line you used-'I'm in the auto business, so I want to wake sure I have enough land for my purposes'-something like that. Commiss oner Engethrecht Sure Me Oourdie: But has rezoning, or wanting to rezone the whole . . Ms. McEkealh: The whole thing conditioned commercial. Commissioner Engelbrecht: But you got a maximum floor area ratio Ms. McElreatk Stets recommends a maximum floor area ratio. Ms. Oourdie, Which would includes the offices in the future Ms McFlresth, Yes Commissioner EngelbrecM But N does not Include lha proposal to preserve those stands, which may or may not be met. Ms. Oourdie Because of the way the site would be set up. Commissioner Engelbrecht, But I can tell you [hat that has been made a part of a public record; and Ms. McCombs, I know, monitors trees very carefully; and so I suspect that If they aren't preserved, we will hear about e Mr. Lambent. I would 4~s to clardy one thing, If I may, Commissioner Engelbrecht. Yes Please, Mr. Rishel, Come forward, please. Commissioner EngelbrechL Yes, 9 yr a would, We need to get that on the record, We went to make sure we've got you on the record, Mr. lamber I sr'd we were going to preserve all the trees. Commissioner Engelbrecht, Well, Mr. ember: I think we're taking out sgM frees and I Just went to say.... Commissioner Engelbrechf, Yes, I understand, Mr. lambert I dust want to Say that we need 10 take cwt eight because one Is righl In the middle of trig building, Commissioner Engelbrechl, Sure. Now, basically, we're trying to preserve the stands that you could--1 think was the way we understood It. Even though that's not "ven a voluntary cond lion of the case, Yes, Mr. Wood, since j we're . Mr. Woad We've tots [he i ghbos, and Jim Is a... Commissoner Engelbrechl. 1 a, you told them you were going to try. " Mr. Wood Yes: but there-there may be a few of Ihol. Less-thoe's a few of those these that were damped In a 0 fre, too. Commissioner Engelbrecht, No; I understand, I understand that, Mr, Wood, We've got plenty to protect the view of the tot. 35. 'If rf. 25 REEFW e ' o Planning and Zoning Commission Minutes Octnber 28, 1996 Page to of 15 Commissioner Engelbrecht: But I also want to make lt clear that, you know, so that the neighbors understand that a voluntary condition that is no( In here doesn't mean anything over the long run It may mean something white you're (here, but 0 you leave, you know; 0 James Wood becomes John Smith deatership, he can come M and peel , them all away and Its krgal--and you know, unless It's age nsl the landscape ordinance in someway. But I Just want them to make sure [hey understand this, I have no problem with what you're wanting to do. Yes. Ms. Gourd* So. are you saying that we should somehow say that when the offices are built--4ndsaping, Commissioner t ngeibrechl: I don't personany think so. tike I said, I believe that that there was a commitment made sere, even though k was not kfgsl; and I believe that there's a neighbor out there that's going to keep a real close eye on this one. I Mr. Rishel: I'd like to make a motion. Commissioner Engelbrechl Yet, sir. Mr Rishel. I move to recommend approval of Z•98-051 with the conditions as outlined by staff. MS Gourds. Second Commissioner Engelbrecht. It's been moved and seconded to reco-. mend approval as outlined by staff, Any discussion on the mollon? Mr. Moreno, Does that hrlude In addition 10 the applicant's voluntary conditions? Mr. RCtiet: it you'd like It to, Commisslonr Engetbrechl I understand that includes everything staff recommends, which would be-Ia that correct? Mr Rishel, Yes, Sir. Commissioner Engelbrecht. Okay; any other Questions or discussion on the motion? All In favor, please raise your right hand. fill carries unanimously 15 - 0) 12. Hold a public hearing and consider making a recommendation to City Council concerning a change in zoning on 1.5694 acres at 3606 W. University from an Agricultural (A) toning district to or DIM" (0) zoning district. The 1.5694-scro property Is legally described as lot One (1), Block One (4) of the Bethel Temple Parsonage AddlNon, along with a .475 scre tract of unplaNad land. N 1a located on the south aide of Universlty (U.9. 360) at the T•i.rleraecllon A Marshall Road and University. The proposal Is to allow for a phologr.pher's studio and single-family relitrictod dwelling on the same tract. (Z-98-026, 3605 W. University, Trlns McElrseth) -44 Commissioner Engelbrechl lets see, we have number 12, Number 12 this evening is to hob a public hearing and consider making a recommendation to City Council concerning a change et zoning on 1.5694 acres at . 3805 W University from on Agriculturst toning district to an Voice zoning district The 1.6-plus eae property Is legally described as lot One (1), Block One (1) err the Beinel Temple Parsonage Addition, along with a .475-sere tract of unplaned land. it Is IocAled on the south side of Unhersity Drive N.S. 390) at the T-interse;lbn of Marshall Road and University. The proposal Is to allow for a photographer's slud o and single-family restricted dwelling on the 42me tract. Ms McElreath, the staff report, of you would, please, Ms. Trlna McElreath presented the strJf report. . Ms. McElreath. Thank you The subject property N currently zoned agriculture, which does not allow a single. family dwelling unit and a photographer's studio on the Some lot The office zoning disird Is the most reslriclive zoning that you can place on this that would allow both uses The property h locatud In a moderate intensity use, + and the proposed land uses are consistent with the Denton Development Plan. Then are several issues with this property, and t would also Nks to mention that they started to rezone this In the summer arid with the Walgreen issue, they decided to wait until now, and that Is why 4 Is only )us( now coming before you. I don't know M any of 36, Llir aaM r' q a y 4, 1 _ . - ? 5~ rl 1 31 X ' I ' I ORDINANCE NO. ATTACHMENT 3 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FORA CHANGE FROM PD-12 70NIN3 DISTRICT CLASSIFICATION AND USE DESIGNATION TO CONDMONED COMMERCIAL [C(C)] ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 33.776 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF I-35 E, EAST OF STATE SCHOOL RD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, ! and S Wood, LP, as owner, has applied for a change in zoning for 33.776 acres of land from Planned Development (PD-12) zoning district classification and use designation to Conditioned Commercial (C;:)] zoning district classi& ation and use designation; and WHEREAS, on October 28, 1998, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the charge in zoning will be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies; NOW, THEREFORE , THE COUNCIL, OF THE CITY OF DENTON HEREBY ORDAINS: Section 1, That the zoning district classification and use designation of the 33.776 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from Planned Development (PD-12) zoning district classification and use designation to Conditioned Commercial [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 Maximum allowable building coverage for this 33.776 acres shall be 341,786.42 square feet, which is a floor to area ration of, 2s • 1. 2. Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion into the night sky. 3. That uses be limited to General Retail, Office and Auto Sales and Service uses. 4. That the southern boundary of the auto sales and service use be buffered with landscaping of small and large trees to mitigate noise and lighting impacts. • Section 1(. That the City's official zoning map is amended to show the change in zoning district classification. Section 11I. That any person violating miy provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,010.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. 0 Section I . That Planned Development 12, as amended, shall remain in full force and effect, save and except as amended by this Ordinance. 37. , 4 , ~a 32XIO O 1 I~I _ I K~rr►a 1 Section V. That this ordinance shall oecome 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 pub'dshod twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND AN ✓ED this the _ day of .1998. + I i JACK MILLER, MAYOR I ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: I M i . 1 f . 38. t WX a-- 2r3 " 1(1' 1 am= 0 FIELD NOTES Commercial Conditional 33.776 Acres Being all that certain lot, tract or parcel of land situated In the M. E. P. & P. RR, Company Survey, Abstract Number 950 and the Gideon Walker Survey, Abstract Number 1130, City of Denton, Denton County, Texas, being pat of that certain tract of land described in deed to SI & S Wood PS recorded in Clerk's File Number 99-RO040952 of the Real Property Records or Denton Courtly, Texas, and part of that certain tract of land described as Tract One It, deed to SJ & S Wood PS recorded in Volume 3178, Page 682 of the Real Property Records of Denton County, Teras, and being all of that certain tract of lard described in deed to SJ & S Wood PS recorded in Clerk's File Number 94•ROOIS612 of the Real Property Records of Denton County, Texas, and being more particularly described as. follows; BEGINNING at a capped rebar found at the southwest comer of Tract One cited above, said point being on the east Hight-of-way line of Slate School Road, a I u %c roadway (100 foot R.O,W.p THENCE N 02'25'07" E, 11.70 feet, along the east rightof-way line of State School Road and the west line of Tract One, to a 112" rebar found at the southwest comer of t1:at certain tractor land described in deed to Physicians Reliance Network recorded In Clerk's File Number 95- R040143 of the Real Property Rc=6 of Denton County, Texas; THENCE S 87'38'21" E. 381.98 feel, along the south lineofsaid Physicians tract, to a 112" mbar found at the southeast comer thereof, being on the west line of that certain tract of land described in deed to SJ & S Wood PS recorded in Clerk a File Number 96-RO $0932 of the Rcal Property Records of Denton County, Texas, also known as Lot 3, McNatt Addition, Phase 2, an addition to the City of Denton according to the plat thereof recorded In Cabinet E, Page 244 of the Plat Pecords of Denton County, Texu; T'HENCE S 01 035'46" W, 357.78 feet, along the northerly east line of Tract One and the west line of said 51 & S Wood PS tract and the west line of Lot 3, to the south corner thereof and the , southwest comer of Lot 2 McNati Addition; THENCE S 49°58'30" E. 1084 52 feet, along the north line of said Wood tract and the south line of Lot 2, I.IcNau Addition to the southeast comer thereof, being on the west line of Lot 4R, Block A, McNatt 4dditioN an addition to the City of Denton according to the plat th;reof recorded in Cabinet O, page 267 of the Plat Records of Denton County, Texu; THENCE S 40'0192" W, 99,A6 feet, along the west line of Lot 4R, to thr southwest comer thereof; T'H HENCE S 49039'01" E, 383493 feet, along the south line of lot 4R, to the southeast comer tlrrlof, being on the well line of that certain tract of land described In deed to Oakmont Canadian Land Partnership, Ltd„ recorded lit Clerk's File Number 93•R003975 orthe Real Property Records of Denton County, Texas; ' i THENCE S 38°30'09" W, 13915 feel, along the west line of said Oakmont tract, to the southwest comer thereof, being on the north line of a drainage channel according to the plat of Wimblelon Pillage, Phase V, an addition to the City of Denton recorded in Cabinet B, Page 309 , of the PIW Records of Denton County, Texas (plat now vacated), said point being in & curve to 0 the lell, I/ THENCE Norihwesterly, long the north line ofsold channel and with the are orisid curve having a radius of 940.00 f et, a central angle of 17' 1714", whose chord bean N 61' 1918" W, 283 74 feet, an arc length o1289 84 feet, to a point ofievene curvature; 39. 32x~~ l o r THENCE Northwesterly, continuing along the north line of said channel and with the arc of sold curve having a radius of 404.47 feel, it antral angle of 56'49'01', whose chord bean N 47.37'34" W, 314.12 feet, an are length of401.05 fees, to a point of reverse curvature; (HENCE Northwesterly, continuing along the north line of said channel and with the an of old { curve having a radius of 676.50 feet, a eenYal angle of 36'12'17', whore chord ban N 47' 19'34' W, 637.33 feet, an P-. length of 663.62 feet, to the POINT OF BEGINNING and containing approximately 33.776 acres at lord. j I p E C E 0 V E ~ o~f z, D O PLANNING 6 OfVEIAPMENT ~I II f i 40. i ~ 'f N ~ 1 i1 I, I l .tfl~l W 1 (:I 25k 32X 10 II Z-9$-051, James Wood Auto 1 I r; ! : raw 4 ,,.r S :..lt wr ;y -^fir ( <~i. K-t OX `~7+ +'C♦ 1 ~ r~ QyxJi ._pn y, ~.Z r "'~'Ii 'yw p.f S. "~'•5'~ r Y I ~ li + y^. `.4~ y'14y ~ r ' ~ N vdy {rc v~~ 1r1~'e:. G. -'r~a • I,M,+ ! Z 'h d A! H .f ~1 1 M s 'b i y\, +v P r riyip r n r ~ ~ .rl~ 1Kff~~i h 14 fi+ 4 pk 'r Jh 4Agy~ p` ilr ;e Y ~ "~s.ryL~ r f y' n ~H' +'~'e1r~ y' ~r. - 4~'~Nl, ~ PFT "d J' a ~Py r,+' ~ "4"'t. 't rot{~~'~kA~,J~~N,~~l i ~y~~wy ~Y'S~[U.~M'Y~AlY~y,~~+~P-~ "~M Wy~rrrdf ~y 't~N.r~~`/~~/t ~~~±A j~Y'g. r.y 4g}. .R~f'1.4 4x ; py~knY 1: 1 = .T'~r 'Y~ a~ . ~rtiJ ~ T EY a i~r r+•. 5 ! Ff K n~r ~ 1 ~ ` • 1'!. 4, ~'~'~i•Z« it N{ ;l ,~..~.i } 1 ~k +~4 ~ Ito II; fl y 4 ~ , a r b°" ^ 'frtl.~v. 41 $fM'~ 1'Mi.*.iY L a ' x i s 11 71 , (a °~Ar"~4MV4l7iiNV Photo 1 . Fuck of collision center, where proposed expansion will be added Z-98-051, James Wood Auto i. lilll ~ ~ I f~ ` 1 f {,i ~I,in ~ ~i Lil„ i U ilt~ ~17 {i ~ fr ':~.«1 l t I ~•f,Irl er~p~ 1 1 j 1 n .if. R f, I 1w T ra I `*¢~rw "I.ur • ~ « , ~ rx ~,S'+wew+^« r'~.: vnf {...1,Si ~.Fti w r rw i 1 ;.«,n a'.1•Mi S°r7n" 1 xCF I .,fir. Hr d7. ,...I n p.. C A.a.+r r~c~l Kn fr1 a a '"AI ~ntu f 5 x{+ : . 'LaWf3.r «.+I,.rr~".~^''Y 1=r Il a t ~ ! Al w ny .l+~ h.+ ~~I ~,tY4 MY a mr ...JJ y w ~ e ~ y,4~t,+~ ~~p N 1. pw,y.Ja~ i. , Y v L rid, , ~Y('6 t, a n i~,7y a ~ i^ ~q1~ 1~. 1~ « y+dE f M1~~~~~±wi'+A'Jln 11 ,{t;x'~~ I y ~k^~ ~~F 4 x~ (1 €",YMnFy~~4 da~q• ..-rr "Nd!`ha'J ~ r'1 1., ~..1 "._'i ~y, rr, • d °"t~•'r. 4..r Photo 3. Rear view of building west of collision center (pmts, service). 1 • A • I memo" r AGENDA INFORMATION SHEET Agenda No. Agonds ltcm i AGENDA DATE: November 17, 1998 DEPARTMENT: Planning Department CNI/DCMIACNI: Rick Svehla, 349.7715 I SUBJECT-Z-99.016: (3803 W. Unieersitj) [fold a public hearing and consider rezoning 1.5694 acres at 3805 W. University from an Agricultural (A) zoring district to an Office (0) zoning district. The 1,5694 acre property is legally described as Lot One (1). Block One (1) of the Bethel Temple Parsonage Addition. It is located on the south side of University (U.S. 380) at the T-intersection of Marshall Road and University. The proposal is to allow for a photographer's studio:nd sir„ family restricted dwelling on the same tract. The Planning and Zoning Commission recommended approw.l (4-0) With conditions. (Z-98.026) BACKGROUND The applicant has requested to rezone this property to allow for a photographer's studio and single family restricted dwelling on the same tract, There is currently has a brick house, in which the applicant proposes to live and work, located on this tract. The proposed development is consistent with all of the policies of the 1988 Denton Development Plan (DDP) as applicable and many of the 1998 Denton Plan (DP) Policies (see Attachment 1 - the last enclosure of the P and Z Staff Report). Six (6) property owners were notified of the zoning request. One (1) respons. ' as been received in opposition to the request (see Attachment 3). The subject property is located in an Agriculture (A) zoning district, designated upon annexation of two sections of the property in 1970 and 10"4, PRIOR ACTION/REVIEI (Council, Boards, Commisslo The planning and Zoning Commissiot, recommended approval (5-0) of this zoning request on October 28, 1998, as recommended by staff with the fotlowing conditions: I. Permitted uses will be limited to office, single family, and studio for photographer, musician, artist or health as described by the zoning ordinance as a type use under section 35.77), 1 7 he total floor area for all buildings comrtruLted on the 1,5 acre tract shall not exceed 10,000 square feet. 0 3. The exterior walls of all buildings shall be constructed of masonry, brick or brick veneer. 4. Lighting on the property shall be designed ano maintained so as not to shine en, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion into the night sky. 5. No building shall exceed a maximum building height of two (2) stories. r. x . 15x10 32 x~❑ i LEI , i e flip , i i ...-..r.,.....n..++,..www oo., .~,.vw ~,.w...v.a,wo-c wr ~ ' y. i FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are the responsibility of the city. As a form of Infill development, no extension of public infrastructure is necessary to service tGis site, ATTACHMENTS 1. Planning and Zoning Commission Report, October 28, 1998, Z-98.026. 2, Planning and Zoning Commission min, it" from October 28,1998. 3, Draft Ordinance, 4. Photrb,m,phs, Res lfully subniitt Da ill f I Director of Planning and Development Prepared by, p C Trina SicElreath Planner 11 i r3 f ~ `1 d , i ~ I a~• I f L 1 R n~ r„ 1 j r. . v 1 ) a I II I . i 2 ~ r ~ ~ ~ o~ t 9~ t t r s All~ s 0 aar~r , ' p ATTACHMENT 1 ` PLANNING AND ZONING COMMISSION REPORT STAFF REPOPT Sublect: 3805 W. University Case Nurt~e[: Z-98-026 ftff: Trina McEireath Agenda Data October 28, 1998 PURPOSE --i Hold a public hearing and consider making a recommendation to the City Council concerning the rezoning of 1.5694 acres from the Agricultural (A) zoning district to the Office (0) zoning district. The purpose of the rezoning is to allow for a photographer's studio and a single family restricted dwelling snit on the some lot. ' I Il I Rant.EAates SITE "'fnW(U..9 w) J Se"-n School ` ilk 0 l I 0 LOCATION MAP 3. Il I a 32XIO o F NFORMATION onald L. Barnes 835 N. Locust Street Denton, TX 76201 Owner: John Stout 2805 W. University Denton, TX 76201 Location: The property is located on the south side of University (U.S. Highway 380) at Marshall Road, and between Interstate 35E and Masch Branch Road. Size: 1.5694 acres PROCESS The subj,9ct property Is zoned Agricultural. According to Secti-m 35.77 of the Code of Ordinaw s, the applicant would not be allowed to have a single family dwel';np unit and a photographer's ~I studio on the same lot in this zoning district. In order to allow both uses on the same lot, the properly would have to be rezoned. The Office (0) zoning district Is thrj most restrictive zoning district that both uses would be permitted on the same lot, If rezoning of the property were approved, the applicant would be required to replat the property to l remove existing lot lines created during the purchase of adjacent property. Public Impro .aments (i.e. fire hydrants, drainage Improvements, etc.) would be required at the time of platting. COMPREHENSIVE PLAN ANALYSIS This property Is located 1,1 a moderate intensity area. Moderate intensity areas are Intended to emphasize a wide diversity of land use developments. They an, intended to serve as minl-town centers with mixed-use development. The proposed lard uses are consistent with the DDP t# guidelines for moderate Intensity areas, SPECIAL INFORMATION 1, transportation ' A. Trip generation - The maximum numbor of trips per day per acre allowed in a moderate intensity area Is 350. 1j The proposed land uses are consistent with the maximum trips allowed. r B. Access The property has frontage on University Drive, which is a four lane state highway. 4. ah~ 32XIo. 4. r A 0 FCLevel Service- osed rezoning will not Impact the level of service. D. Pedestrian LinkaOes - The subject property has a sidewalk along the majority of the street frontage. At the time of replatting, an additional 50 to 100 feet of sidewalk will be required. 2. Utilities Water, sewer rand electric are currently available on the property. If rezoned, no additional k extensions will be required unless on-site fire hydrants are required. This will be determined at i the building pernit stage, 3. Drainage and Topography Drainage on the property is a concern. Under the current zoning on the property the current drainage system can adequately handle stormwater runoff. If rezoned to a straight nonresidential zoning district such as Office, there will be a significant Increase in the amount of Impervious surface on the property. This will create an added problem in drainage of the property. The applicant may be required to make Improvements to the drainage system at the time of replatting. 4. Signs No signs currently exist on the property. If rezoned, one ground sign would be permitted at twenty (20) feet in height and sixty (60) square feet In size. 5. Off Street Parking Under the current zoning on the properly, Section 35-301 (Parking) requires that two park]ng spaces be provided for a single family residence. If rezoned, additional parking will be required to accommodate the additional use, The minimum number of parking spaces required will be determined during the building permit stage. 8. Landscaping The property currently has a limited amount of landscaping. Additional landscaping wNl be required with a change of zoning. I 7. Chronology 1910 - The front portion of the subject property was a,mexed Into the city ILnits and zoned agricultural (A). 1984 - The back portion of the subject property was annexed Into the city limits and zoned 0 j agricultural (A). 5. r.aa,i 2 5 ~Q 32X~~ o , , PUBLIC NOTICE Notice of the zoning request was published in the Dent,)n Record-Chronlcle on October 18, 1998. Six (6) property owners were notified of the request on October 15,1998. A neighborhood meeting was held 10-22.98 at which only the applicant, ownar and staff were present. As P! this writing, one reply form has been recelved In favor and one in oppnsil;on. The twenty percent rule is not in effect. RECOMMEN6ATION Staff recommends approval of Z-98-028 with i.a following conditions; 1, Permitted u_es will be limited to office, single family, and studio for photographer, musician, artist or health, 2. The total floor area for all buildings constructed on the 1.5 acre tract shall not exceed 10,000 square feet. 3. The exterior walls of all buildings shall be constructed of masonry, brick or brick veneer. 4. No direct off site lighting ahall be permitted. 5. No building shall exceed a maximum btdkilng height of two (2) stories. SUGGESTED MOTION I i I move to recommend approval of Z-98-028 with the conditions described by staff. ALTERNATIVES 1. Recommend appruval as submitted. 2. Recommend approval with additional conditions. 3. Recommend tenlal. 4. Postpone consideration. 5. Table Item. A ENCLOSURES • 1. Zoning Map. 2. Utility Map, 3. 200' Property Owner Notification Map. 4. Denton Plan Matrix. 1 I ' y~ 1 I C i 1 I i 6. 1 ---4. 32 ti21 Kr ;i x 2 X 10 £r 11• r Y . i7 frf ~ I 't Ix + ~ t .r a i.~n-a .a.Jn.~„ ~sr i .i n- .•A*tiM!ra i.. vt'. 'r};p'q{~t~lYS"k.'i1 M :`1,CW.~,'Mf'd~}t`~v(:' ~`}ESfiIL'~w:r~'?Ln . Yn•n ww.. Enclosure l Zoning Map SON R Z-98.026 W 0 t Z w s AA _ S A A A - A A t} ZONING MAP I JL~ Date: October 22, 1098 Scale: None 9+ x 32X i I Enclosure 2 Utility Map i Z-98-02b T Estates {I f I N W E Z_ 5 VE~R IT r UTILITY MAP Electric Line Water Line Sewer Line • Fire Hydrant ate: October 22, 1998 Scale: None l e 10 32 X! Q 1 , v i. I P"/ra`r 2!vl~y. I: NI .F, •i ^E^G,•Pk !:-.`?~S . .rl. f Enclosure 3 200' Notification Map I I 3805 W. aniveristy f z N W f; S 200' PROPERTY OWNER NOTIFICATION MAP • i { 1 4k... f ~ rI Date: October 28, 1998 Scale: None 9. 10 10 32X 0 • I Enclosure 4 1998 Denton Plan Policies Analysis Z-98-049 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) is to be used In conjunction with the 1988 Denton Development Plan in evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed development to be Inconsistent with thct policies of the 1998 OP. The table below provil4es a summary of the 1998 Denton Plan Policies tlpplicable to this project: Denton Plan Policy Analysis Summary Development Rating vs. Policy I NO CATAGORY POLICY Inconsistent App ale CaMtent Transportation. Compliments Denton's Lagting! ThorviWare Plan, X Promotes Access Management Practices X otirier mlpues opwata tt%~ ge" service prvM rs and x Promote pudic transport~ system, x Contrltwtes to the Denton Tralls network. x 4 stormwater Drainage. Protects IDO- year fkaiplaln areas In accordance with Denton 's watershed management plans, x conforms to local subdlvlslon regulations. x Co tributes to regional ddentbn facWtles, x Provides for natural rlparlan environment along fbodplaln. x I Upgrades exIsbng substandard drainage systems is Inflll and redevelopment occv, x i Water and Develops and maintains property &V private Wastewater, Infrastructure, x creates opportunity for o ensidmg water and wastewater line to meet future development demark% x Provides review of proposed water and wastewater Inhalmdure to ensue pudic safety and hub, x • Promotes Infill Imp ovlmlnfa ove new line edensions. x lledit Provides undergrpmd eiectrk W*e tar new resldentlal ant nonresmstial development. x Said Waste, Momotes effidert access to all development for solid waste service 66very. x I Parf<l and Realatl0n. Locates Parks and reaeatkm fsclWes In accordance wth Uk Parks and Iteveatlon WAegk Ptah x Enhances parks and reveatwn opportudtles for residents x O • Preserves fioodplaln for prm and open space to old in noodptaln conservrtlon efforts x Allows combining of Pant with other "It facilities to achieve costeMective del wy of pudic services x 10. 32x El } U-4MMIZA mom s ; o Denton Plan I Policy Analysis Summary Development Rating vs. Polley CATAGORY POLICY tnmrwstent { AppMade tonslsDrR Pesidert4t derdopmmK should dedicate lard or fees in X lieu d *4 fa nd¢dataod parks, Embon mentd Quelityr Prarrote presevabon of ratsal resovices. X lrftvdes emtronrxvtel prowbon with eroromx growth > X and commw ty drrtlopmcrd, Nsyhborhooda. D ~ actrslto PUbk 04 coavnudty f80" la X Enznurages a mixture d lard use M benefit resdu ts. X Protects and planes edong neighborhoods. X Promotes bkyde and pedestrian haft wltNn and X bEtween neVtortoodsto rel" vdicdar trips. ttouabrg. Provw" a range of ftAN tyye the appeal to 6" emnomk and lndit* Ilh-styln. X Offers a vwldy of singlOamlly td sins, bufldng sizes, X and vice ranges. Reserve exAtng twsinq, InduCbrg Owdede lousing. X p trcease Inflll Aasirg conshxtbn. X Ilcertonrie Con hAa to a stmrg and dv&vRW local ecornmy by DtarWRION irr, inueasing employment and vparding nre tax Dose. X Ommmant. Enw&M Yrte mordnalkn to vovide ye pua X Urban Dedgn. Addresses community appiwwo in a comprd+enive in~. X r dversRles architmtural appearance Of Duilt Umivrrtwvt, X Neighborhood uda drmioprneit sfould be cornpatiNe w" exlsU g land uses and buidings. X - Prot" and prrserves Demon's edvtactural, oAw* avid tvstortur esou ce. X I wxe the appsararae along mapr entranceo". X Promote the veswation of trees and lerdscapirv. X Milk Involvement. hoMes an oppo Loty Ice pudic opinion during the X pimrarg voces. 1 sl z 11. 'kn alai= aanasr o Planning arid lun,:yCommission Minutes ATTACHMENT 2 October 28, 1998 Page 10 of 15 11I Commissioner Engelbrecht. But I also want to make lt clear that, you know, to that the neighbors understand that 1 a voluntary condition that is not in here doesnl mean anything over the long run. It may mean something white you're there, but f you leave, you know; 0 James Wood becomes John Smith dealership, he an come in and peel them an away and 'R's legal--and you know, unless it's against the landscape ordinance in someway But I just want them to make sure they understand this I have no problem with what you're wanting to do. Yes. Ms. Courdie So, are you saying that we should somehow say that when the offices are bull{-landscaping. Commissioner Engelbrecht. I donl personally think to. Like I said, I believe that that there was a commitment made here, even though it was not legal; and I believe that there's a neighbor out there that's going to keep a real close eye on this one. Mr. Rishel. I'd like to make a motion, Commissioner Engelbrecht Yes, sir Mr. Rishet: I moue to recommend approval of 2-98-051 with the conditions as outlined by staff. Me Gourds Second Commissioner Engelbrecht. It's been moved and seconded to recommend approval as oullined by staff, Any disCUSSOM on the motion? Mr. Moreno. Does that Include In addition to the applicant's voluntary conditions? Mr. Rlshel. If you'd like it la. 1, { Commissioner Engetbrochl I understand that includes everything aloft recommends, which would be--4 that correct? { Mr, Risher, Yes, sir - ` Commissioner Engelbrecht: Okay, any other questions or discussion on the motion? Aa in favor, please raise y car j right hand Motion carries unanimousy (5 - 0) I 42, Hold a public haring and consider making a recommendation to City Council concerning a change In toning on 1.8894 acres at 3808 W. University from an Agricultural (A) toning district to an Mot (0) toning district. The 1.61194•scre property Is legally described as Lot One (1), Block One (1) of the Bethel Temple Parsonage Addition, along with a 01111-acre tract of unplattad land. 11 is located on the south side of University (U.S. 380) at the T4ntersectlon of Marshall Road and University. The proposal Is to allow for a photographer's studio and single-family restricted dwelling on the same tract (2-I8-028, 3805 W. University, Trlna McElrath) j Commissioner Engelbrechl. Late see; we have number 12. Number 12 this evening is to hold a public hearing and consider making a recommendation to City Council conceming o change In toning on 1.5894 acres at 3805 W University from an Agricukurat toning district to an Office zoning district. The 1,5-plus acre property It legally 7escribed is Lot One (1), Block One (1) of the Bethel Temple Parsonage Addition, along with At 415-acre tract of u-„ raped land It is located on the south ode of University Drive (U S 360) at the T-Intersection of Marshall Road and University The proposal is to allow for a photographer's studio and single-family restricted dwelling on the Same tract, Ms, McElreath, the staff report, 0 you would, please. Ms. Trine McEireath presented the staff report, 0 Ms McElrealh, Thank you TMr subject property is currently toned agriculture, which does not trawl a Single- , III family dwelling unit and a photographer's studio on the some lot. The office toning district is th.t most restrlotiva a: zoning that you an place on this that would allow both uses. The property is boated In a moderate intensity use, tWill! and the proposed land uses are consistent with the Denton Development Plan. There are several leaves wKh this 1 property, and I would also like to mention that they started to rezone this In the Summer and with the Walgreen issue; they decided to wait until now, and that Is why d Is only just now coming before you. I donl know M any of i ~ 11. { t '04, oipjtl lea ;c. t f x o x+a.ar Planning and Zoning Commission Minutes Odober 28 1998 Page 11 a 15 you noticed that the number's a little bit older than the rest of the toning cases that we look et-being a 28 instead of a 51-but that's the reason,, One of the crucial issues that we've discussed Is that the applicant may be required to make some Improvements to the drainage system at the time of repotting, and that would be further down the road; but there are drainage Issues in this area, similar to what you heard when we brought the Oil Scouts before you last month, Six property owners were not fled of the request, and a neighborhood meeting was held oat week on the 22nd at which only the applicant, owner, ant staff were present. To date, we have one otter of opp"lion. And that does not meet the 20% rule. Mr. Rishel Whored The letter of opposition come from? Me McElreath, Pardon me, Mr. Rlshet Where'd the letter of opposition come from? Ms, McElreath: Across the street. Mr. Rishel Is that the Oil Scouts? Me. McElrealh, No; the Oil Scouts are further down. Mr. Rishel: Okay, Commissioner Engelbrechf The neighborhood meeting that you attempted to focildole-whet sort of notficaw method was used for that, Ms. McElreath. We used the 200-foot notification Everyone who was notified of this meeting was notified of the neighborhood meeting which was held at the Bethel Temple Church--right in that vicinity. Commissioner Engelttechb Wel, 1've got to say R now I've tried to say R before, out I don't understand how we facilitate much of a meeting with a 200-foot notification For a neighborhood meeting, thafs lately different then what's legal notice, Mr. Wood went out and saw there's a neighborhood sitting here, and he went out there and put signs on the door. 1 don't know-he could've marled, he could've doe whatever; bud it's kind of like the other guy. There's a whole neighborhood sitting across the street off of Pi and he nofifwd people wIlhin 200 Not and then called R a neighborhood meeting. 1 don't CAN that a neighborhood meeting, for one. I don't know how the others think, but 1 don't think that's a neighborhood meeting. If there are other folks within reasonable distance, we can look out there and see them; maybe we ought to kind of. Me. Oourdie Aren't we addressing on issue, though. What was R-like two meetings ago, three meetings ago- where we addressed spns and_,. Mr. Oonsldson We w it be after the first of the year, damp a S00-fool courtesy notice , Ms. Oourdiat Well, until [hen, we're ju•I going to have 10 grin and bear R. M of us, that have to, had endured with Roiling wllhout knowing about R In our no'ghborhoode. Just smile and say 'thank you' I IA Commiswrier Engetbrecht, Any olher questions? i Pishel Thank you, Jim Commissioner Engetbrecht: I've got to gel o plug in anytime Ian 1 have, 1 remember-either you told me this when I talked to you earlier, or I read R In the staff report. Was Thal-how was this tied to Wdprean? How wale ii or did R Just happen that that wo,ked out that way? Or was R-I would be curious to know how this way out there had anything to do with It-Walgreens { Mr Rishel. I think Mr. Barnes owns a plea of property others Wagreens is currently located. 0 Commissioner Engerbrechil Oh, okay. Thank you, Should've thought of that, Il ddn'tsUfke me-yes Ary other questions for Neff? Mr. Moreno, I'm assuming the opposdion tome from Ranch Estates 13. " ,xla 32x10 t! , rnses+ar o Planning and Zoning Commission Minutes October 28,19M Page 12 of 15 Ms. McElreath Yes, sk. Mr. Mshel The one person in Ranch Estates that was rt Jfied Ms, McEtreath: Yes, Sir Mr. Donaldson: One hundred percent Mr. Risher, Thank you Commissioner Engelbrecht. Any others? I neve a question for staff, and that has to do weh-we're getting ktlle places along that University Drive In this area out here, now, that are coming along. And we want to Bone this MIS piece, parcel, and we want to tone this little parcel. What do we do to reduce the Ingre egress problem Along 380 as we steel to tee these little parcels get toned? I know that when we have a tract, we try to have vn-site traffic circulation. Will we be trying to do this as lhex come aii Mr. Salnan: Well, of course, we have to deal with all of these Individually. Now, when we yet a small tract In that's pert or the larger tract, we have the authority to require pint access end Some coordination. But N M's not connected to a larger tract, then we pr" much have to let them have access-at least one drive access. And we dust work with our existing driveway rag dations to make sure they are spaced as for as we can possibly gel them and [hat there aren't any other problems wigh their driveway location, site distance, and other things Oka that. Commissioner Enpetbrecht' What 1s our atemathie-Just facially every toning case along there? Mr Salmon. W.It i Commissioner Engeibrechl. I'm serious about this. You know, University has been all chopped to pieces on the other end and now we're going to chew away down here. Mr. Salmon. I don't know iftoning is the issue, I mean-- right now. I mean-you've got individual trade that are already that small. Commissioner FngCorechl Right. I Mr. Salmon: So, you know, even If they dons come in and tone It and plat e, M someone wants to have a driveway there, we have to let them have a ddvewoy. Now It may-4 you Mnt tone 1, alithey might haw there is a house, 1 but we still have to let them have is driveway, Commissioner Engelbrechl Okay, then, we need to work on thi size of the driveway? I dons know what our site Is, but IS It by enough or small enough? What I'm suggesting la-ls there some way where we an encourage folks to )oin up [he driveways as time goes by out there if there isn't, then, I think we ought to look, Mr Risher You're not talking about like Wolfe, are you? Commissioner Engelbrecht. like what-Wolfe's? Mr. Risher, I don't know M we want to do that too many limes { Commissioner Ergelbp schl. Wee, now that's a unique piece there, They needed more than a driveway, They had several streets SO In front of them-four roads in front of one store. Mr Donaldson, M example of what we've done In recent cases would be Oka the Hickory Creek Ranch subdivision that had o collector going through ;I, and wU required )oIM access easements in pain of lots along that Collector ' So, we an just try to keep consolidsling access whenever we an We can't deny, . Mr. Salmon. Sul, at course, in [het case we were plotting several 1019 at one tini O Commissioner Engeibrechi r. Well, k's not that I don't want-that I want to deny develoPmeM out [here, but I also would like to, you know, 1 a signal to you Se and to the developers out there that hey-you know, let's cooparole a little bit, let's see „ we can do Something here so we dons wind up with-st one Lime, And, I mean, ,tin, r t C7 32x~D i o , Planning and Zoning Commission Minutes October 28, 1998 Page 13 of 15 while they bale out there, sf they keep uang those small driveways, and they use them for a commercial purpose, A the traffic picks up, thbv In fad hurt then selves becwse to stow the trWoc. down-and the traffic count becomes less Shan what It could be M, In fad, they shared the driveways, So, I think there's a value to the City, and it turns out, I bellevs, In the tong run a value to the commercial developments to lima the driveways And I don't know what re do but - If 1 could keep you thinking about M, , . 111r. Salmon. Well, all right. Just base-as it ate ids now with the current ordinances, when saroeons comes In with an Individual emir I parcel, there's just not a kit of flexibility. You have to let Ihem-can't keep them from having access Mr. Sucek B&d if you deny access, that's inverse condemnation. Commissioner Engelbrech!. I understand, but there's nothing wrong with me asking them d they'd be interested in a shared system In the future, Is there-eking thorn? Mr. Bucek Ho', along at you're not doing a ,y direcC% fm asking, Ctmm ssioner Engelbrecht- But I'm eking them. I'm nol doing any P Kling Mr. Sueek, Use comrlon sense, like the argument you're making Commiebner Eng. 'brechL Sure, I'd Ake to get some commimenl, some interest In Iha14 Mr, Salmon Well, as an example-Fort Worth Drive, I mean, d'a under conatrudlon now and bng before the construction ever slarted the City went out with all the property owners to reduce the number of driveways Commissioner Engelbrechl. Right; there's a really good example EAscl . Exactly, Mr. Ri•hel, This seems like an opportunity for Mr. Barnes to learn our Issues and see what we're looking at, His propecy obviously Is the type of thing that sits tack far enough from the road they he's going to have on oppnrtuntty , to develop it professional y and gel turnething good for us. Commissioner Engelbrechl Any other questions for staff? T-%-ik you Any other comments? Ms McElreath. Yes. I have a now pope four that I would like to show you, and It hat two Illusrratiorns. The Bw[ Is derning where we got 'health studio,' as there were some questia 4hnra a heath studio would come from. And Oat's acluslly described In our coning ordinance under a type of uv, And the second [s--we've got a brief description of the lighting under one of our reoommendat r e, and I've replaced that with our now standard lighting wording So, I'N just go ahead and pass these out. I Comm'sMner Engelbmichl AN right is that your fnsl-is that all the comments? Okay, Is the pefdbner or petitioner's representative present Yes, Sir Please gala us your name and sddrets I Aran you've been here- been patient !r Barnes rm Don Barnes, I presently aside at 1835 North Locust, until Walgreent repIvAs us. Commissioner Enoelbretht. I understand Mr. Barnes Un-a we leave [here this Is a spot that we thought was s pretty good location for a photography studio, and we pidnned to do @ let of lendscep rig In fact, we're going to puts portrait park In the back area behind the building that's [here, Ws re stso obtaining an acre let next to t, end we will share the drlvswsy, By the wet, it's a 8.000-&quore -foot driveway-4 feet wide and 1 000 feet long It's pretty king • Commiscioner Engelbrecht. I understand O • Mr. Barnes and we probably Y:ill widen it and upgrade t for commercial uses That's about all f have to say. Oo 4R✓, you have ary questions for me? Comn iewner Engelbrechl. I have one, yes In the event of future development on ether side d you, would you be Inte ested In shering a driveway with those dsvvlopirli 15. i yr v,'~ r~r~vrvv pp ~ ~ 'iii ',S \ r _ I E) 3r X111 0 I Planning end Zoning Commission Minutes October 2B, 1996 Page 14 of 15 Mr. Barnes Oh, sure. Commissioner Engetbrecht All right. Staff win probably be coming to see you I'm really concerned that... Qarnee Oh, I understand Commissoner Engelbrsoht. ...A we break that up Into little pieces, end we have ell these little driveways along there Mr Barnes. This Is Selwyn School out here on this aids and on this We is a church Commissioner Engelbrecht. For now, Mr. Barnes and their perking lot and, Commissioner Engelbrecht. Right. For now. Mr. Barnes, ..,and I donl think they plan to tali sny more land, so IN will be Selwyn School and the church, unless one of them goal owl of business Commissioner Engelbrechl: I'd just like to cover the bases on that. Obvlousy, thank you. Any other questions for Mr Barnes? Appreciate k. Anyone present who would ~lo to speak In favor of this pel4ion7 Arvone present v,ho would like to speak in levor of P ^ petiton? Anyone present who would like to speak In opposition to the pe0 •,n7 Anyone present who would like to speak in opposition Id the petition? No opposition, rebuttal is wi pub e hoofing Is closed Me McElresi any Rna' oomments from staff? Me McEkeath: I did fell to mention that we also had one letter of response in favor, and that was from the church. Staff recommends approval of Z-98-026 with the following conditions pormirted uses wile be kmAed to office, sIngW family, end studio for a photographer, musiclan, artist, w haanh; the total Moor area for all buildings Constructed an the 1rA-acre trod shall not exceed 10,000 square feel, the exterior wens of all buildings than be constructed of masonry brick or brick venear, lighting on the properly shR" be designed and maintained so as not to shine on or otherwise disturb adjoining property or to shine and project upward to prevent the diffusion Into the night sky; no building shell exceed a maximum building height of two stories Commissloner Engelbrecht: Questions for atsfl? Mr. R shel The letter of support--did that o7nle Irom the churn, and does the church eurrenty own that property that Mr. Barnes h buying? Me McElreoth, Yet-to both questions. i Mr Rishel. Thank you Mr Donsldson. The single-famlly that we refer to Is sctwsiiy single-famrly restricted, which is a uss lhsl's permuted wnhin on office district. It's defined as a single-famiy dwelling wnhln a structure in which you also have your office. rj Arid there is an existing rod brick, colonlsi house on this properly that win be both The photographer's studio and the single-family restricted dwelling unA, , Mr. Rishel. I think Mf. Barnes Is into red brick colmlel structures Commissioner Engelbretht It seems to me -1 ro"n when we changed the toning ordinance to allow to live In a - con mercisl structure and all of Shot. Okay; any questions of staff, comments, or motion? Me Oourdie I move to recommend approval of 2.96-0.4 with the conditions descrl4d by staff, Mr Rishel, Smnd. ` Commissioner EngeiMechl. It's been moved and seconded by staff to recommend spprovet, Any discussion on the motion All In favor, p east raise your right hand The motion carries unanimously ;6 - 0) 1G. x e MUM 0 warr+m ORDINANCE NO. _ ATTACHMENT 3 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURE (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO OFFICE (O) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.569 ACRES OF LAND LOCATED AT 3805 W. UNIVERSITY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000,00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHERF,A3, Donald L. Barnes, on behalf of John Stout, has applied for a change in zoning for 1.569 cares of land from Agriculture (A) zoning district etamification and use designation to Office (0) zoning district classification and use designation; and WHEREAS, on October 28, 1998, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies; NOW, THEREFORP THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS: Section I. That the zoning district classification and use designation of the 1,569 acre property described in the legal description attached hereto and Incorporated herein as Exhibit A Is changed from Agriculture (A) zoning distict classification and use designation to Office (0) zoning district classification and use designation under the comprehensive zoning ordinance of the city of Denton, Texas, subject to the following conditions: 1. Permitted uses will be limited to office, single family, and studio Cot photographer, musician, artist or health. 2. The total floor area for all buildings constructed on the 1.5 acre tract shall not exceed 10,000 square feel 3. The exterior wails of all buildings shall be constructed of masonry, brick or brick veneer. 4. Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion Into the night sky, 5. No building shall exceed a maximum building height of two (2) stories, Ssslitul.I1. That the City's official zoning map is amended to show the change In zoning ~ • district classification, SsrtjW_W. That any person notating any provision of this ordinance shall, upon conviction, be fined a slim not exceeding S2,000.00. Each day that a provision of this ordinance is violated shall • constitute a separate and distinct offense. p • Section IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary Is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Cluonicle, a daily newspaper published in the City of Denton, 17, Op 32x t I ,C i Men" i Texas, within ten (I0) days of the data of its passage, ry. PASSED AND APPROVED this the day of .1998. { JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETAI.Y BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY,,,, I i i i4 10 32X 10 s o I I , a STATE OF 1ERAS I COUNTY OF DENTON 1 ' WM[IUS, WE, BETHEL TEMPLE CHURCH OF DENTON ARE TN[ DAVIS OF A + t,11614 ACA[ TRACE IN INC WILLIAM SATAN S7AWtN, AISTRACI NO. 144. till OF O[RIOR AND COU41r OF DIN TON, it PAS, AND Al IAD ?ANY OF A $1017 STATE BANK IF 010100 10 Iltl MFL STEM"LC tDAH(R4r1n nft DtI1R10o4 A ON flit 1114 Dow OF JUNE, 1914, RtCOAnEJ IN 1~111NMt 014, ?Art CAN, DttO NICOADS Of SAID COUNTY, AND ICING HOPI rULLI pl4?A(MCD AS f OU ni 5l ItnINNING At Tot NORTHtASI CORNER OF SAID 11.10A ACHC 10ACT 14 tot SV4yly LINT IIIIIrN SAID now ~,4 SUAyfr AND tilt III A CAR ABSTRACT NO. Cit. SAM[ Milli 7 To[ N0ITNWCII CORNIt OF INL S(IVio SCHOOL PAMPLAII IN 101E SOUTH AICX h rF.W4y or q,$, MNy IOnt II I SOUTN 07 Dr6ACC1 of 14I11UICS ANO In ,CrONDN NISI ALOAr. AND NU1 A FLNCI ON 1110 RURV(I LINE N OIITANrf Or I F.,14 rtti in A Flhfl CnINIAR THENt[ N04114 94 DLARICI SO MIRUI[C AND 10 CIrMPR Writ 41.0010 ANC NEAR A FIN( It A DIS?ANCL OF '.A,II fl'I ?0 AM 1571! 11 ttHfll IUF1+t[ NOA I" ^i D[GA(CS 48 M(HUItI RRN A' ,tr A-IDA Wr 11 ALph, AND , Mtep A f[flrl A F111AAC1 OF IIT,MY I ti In n r rIN?l inCNCI HORIX O? OICRfCl 01 MINUfCS inn (O'fr"Mt$ FAIT A MC,?ANCI Pit 114.91 Flt? in A rnIA1 IN TNt SCUTH 41"Ff.,•.I.WAI Dr II,f, IINV pl n A flith[( SOUTH At OrGAtis CS MiRUltt flip Oil N rONDR CP I ALORG fill S011i4 I1(10-OF.M11 OF SAID U.S, IIWV (AEI A Ot110hCI I,I I'n,Nry fflr 10 Tilt POINI.OF•Ot61ANINC A110 CONrA''a1NU I,I.NVA ACAft OF 141,0. NOV fJILNIFORI ANON Imist Mt" BT IN[I PPISENTS! THAI, Wt, tt?ll(L 1!0111.1 CHURCH, JO Nt AtIV ADOPT lot$ PLAT, { PIfIOnA11MG TNI IltAtim DESCRIBED Pl)fLRty At till Ont, ILOCA DAN, 41 rt1AT. ACNUH 100 IHC1Cl1} o4t0CtAA1ll ID IfliFl prhOLICX UStI rnplrhto. IN[ STptl TS IIO 11~0155~1MLNTS SHOWN Mt A(OII, PAT- K Ifift OF ITIAI If Conhiy Or Of'lION 11 91roll t mt. IN! UADLA11OhtO "CIAO? lUFL1( IN AND pro $AID Fowl j AAO 1IA11 Ph loll DAY PINS 1NALLl APM(AALD Pill ATOIIII AMOWN TO oil in of lilt rtASOII 111105E IAN[ 11 11115CPtr[0 in INL FAAt,01M6 14;141M(NI. i4l ACANCWLI"ISO to MC TVA? Nt f1lCU1r0 INL SAME FDA for ruRpvt AND CO01Si A[0.f}IONS fl [4f IN l1VA(Of [h, AI.D I lit I -44 CAPACITY tHEll StAtCD' GI YFN 117111-IW 011 HANO IND StAI Of OFr lilt 11115 i Of M fiA I 4STRA EITC A6R ATp zODN1A 1 SLI.Q ptchtf CIAtITI SVAM(}DM'S . I ARDv ?NISI MIN 11 INE1t FAIS[N1S: foilI I, DAN? W. HAMNtl1I At6111tot0 PAn 111110NAL SDR1C10R, 00 NLltol Ct AT IFI IIIAI I IIl1ARI0 TNI/ PLAY FOON AM ACIUAL AAU C ACCURAIL SUAyti of THt LOAD, AND THAI TNl IAnN PINS WORN ININION Ao m 1 R N(AE ILAr p UN Oro AT FEMORAL SUPCOVIS1oN IN h(COODARCI Willi fit too, NAI. Pf lot C1}r Cr tMON SCAR : I"A SOS ~ E . y,cD'Rli, Wit. r. TTT[ 4~r 9"' ,I O R~ 1 1 71fIR 'p1J1}. M.4MM MITI Oil 4 / FINAL PLAT 19+ H 2rla 3zXla i i I Z-98-026, 3806 W. University i A , I 4Y'~~I Y J t 1 ti 1,. rw 7~ ~ A 1. 'Ry r 1 ti'r A r '~~~4 A }U: 't` . ~ rn4 ~ ~ Mr' .A1 ~ M It ! irV ~qY i N ~ qq R Y' H's a t} U' 1 A r A } ut ! . 4, ~ r k 4 Alf i ,~u/'n A P f A M rw f Photo 1. front view from the south side of U.S. 380. 0 AGENDA INFORMATION SHEET Apartds No. Apan0a Item AGENDA DATE: November 17, 1998 DEPARTMENT: Planning Department , CM/DCM/ACM: Rick Svehla, 349.7715 ~!lH~EST-Z-98-011 and Z-98.037: (ThePrtsviiv) Hold a public hearing and consider rezoning 15.088 acres, amending the approved concept plan and approving a detailed plan for PD 132 zoning district: a) rezoning 15.088 acres fi,,m an Agricultural (A) zoning district to Planned Dev,iopmcnt 132 (PD 132) zoning district; b) anending the approves concept plan. 'The proposed concept plan contains 428 acres and includes a combination of single-family, multi-family, community facility, school, general retail and open space (parks) land user; anJ c) approving a detailed plan, The detailed plan contains 138 acres and includes single- family land uses located in the southern portion of the zoning district. The district extends north from Shady Shores Road just north of 1.35 East and the cast of Saishcr Road. The Planning and Zoning Commission rxommended approval (7-0) with conditions. (1-98.011 and Z-98.031) BACKGROUND a) Rezoning 15.088 acres from an Agricultural (A) zoning district to Planned Development 132 (PD 132) zoning district, i On July 21, 1998, the City C'ouucil approved the annexation of the subject 15.088 acres and r zoned the property Agricultural (A) zoning district. r phis property is idcotificd as Tract 1. on the amended concept plan (see Attachment 1). i The proposed use for this nrca is to%knhomes at seven (7) units Ter acre, translating into a maximum of 106 dwelling units. r Dc%clopmcnt of this tract will require certain transportation improvements in accordance with the approved traffic Impact Analysis (TEA) study (see Attachment 5, H 6 and 14). 0 1 hesc improvements will be constructed at the time ofplatting. 32 x ~ ~ a 1,1 Aalcnding, the approscd concept plan. 'I he proposed cunccpt plan contains 428 acres and Inclndcs :a combill{Ilion of single-fomili, mulll•Glmilil, comtil facilitil, school, I;cu Oral I'CIAI and nperl space (p:ItkI hand u+cs. 111 191 4 ultd I I)ISh, IhC Iuh'ICeI 11101r1(c ,v111 unncu1d into Ihr ('itV of Donlon. In 0f.crn'I.cr id 110S4, ('i() ('ounril udoptcd ofdl.IxIL., ol,1111 Ilnp flailed 1 odopnlcnt cti I I'l) SS) for 5d ,Intl csl,dr I ,t. 011 171 ,mc,, and P1,II111Cd Ucvclopmoll S9 (111) S1)) f0r a 111811/1 JCllIrCd hnlllo 11,11l, on 411 ,1C1'C~ of pfo11,'rlA oc,tlyd d( the I ollilmot Cottle, of 11ocktu, E'.1.:r I(n,r.1 .lntE tit\ichcr IZI+JIJ, In (Ul11%1 01 111 (III Goal 'II 1y,p10vcd I C011C1,1,I 111,111 107 411') AILS, idolilt;,illtt the plu11CII\ 144 I'IJIIIIC(I I)r\CI1111111r1' 17 11111 Z ) /1171VII dnIIICI 111 101111110111\ rcICII:k 111 IS „IIIII\I:tN Il IIILltlllC<:I 1'oIII)II%itIt'll o1, ~IIILIIC 1JI 1111\. 11111111 fa11111\. 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Iii a II,I.II 01 _-4,42S >yu,ur Irel Ill 'COICI .11 It 1,111 n111 nr1,1111It ,1ho1,J srl,ur. hulldln;! n ca Ihu hi."o,Clt'114 111,111 dcctc,nrc 111J1 Jlnounl I IM&MUL r ( I hq 135 (070 square I'm to 1?10112 sql feel, 1 hat rcpresenls a (illy percrnl l5U"„) redIwlio11. Annlhl It difrcrcnce cc ii Ilre tiro concept parks is parks and open space. The Prescrtr's proNides nwghly 07,5 acres for rorkl,ild linked upon the total nurnher or residenti,!1 lots ,111ouctI on (lie concept plan, in accord,ulcr kith the Park Dedir.!1ii- Ordinance I1R-1310. it 1111111!1111111 01' 1 l.1 acres of'this area 11101 he dedicated as public parks. The i roncepl phn prop ides only l .:errs, 11 sholdd be ulcrlioncd, hau escr, IF the dislriel \\rre' doe elOPed. the Final wrnaurl of opV'I space ~luuld hive been c l hecalISQ 111' the dCkIICMI0I1 01 IlondpliIIII ulnae 111e I'rr,a ('rock I rihuL+rn Holh 1)1.111s ptlx idc for the iocalion of it school tr. I he i11 csen e's rroc ides a 15.18 acre silc I I r,ul UI for a Public school and public p,uk I his is ct, holly oulsidc ol'Ihc Ilock1plain, I he Drrn111 indcl+cndenl tiihnul 1listricl lids rc,lchcd an aPrcrn 1111 rung crning the dedication of this site (see 11+1,1e11111cnl 71 In co!ill'iti Itm, 11Ie soulhtictir conecpl Plan sllkms a 1!) .1 acre 11tr I I tact 13 ) 1111 a Puhhc ,school. 110%1 es cr, a IurLC Portion 01'111i s 11JL( is Inraled 1A ithln the 111,u111)1,rn, 1011dcrnn); 1110>1 of 11 undccrlop,lhlc. I he P u!1!iol; and 1011u1g ('onttnis,io11 oirecled S1.11 1' 10 luxk it ith the rpplicant to dctrtnll le ncccs ary lr ilsPo11,11iun inlproce!nrnts fi1r Ihr d!slriel, Staff a11d (lie 1!1110X;11 h,oc uurecd Io ccOXII tr,w.pwt,ilion wiproccnlcrnls (sec AR'Minllnl 5). It ssas delcl'nninrd 111,11 the Ir,urspo!t.Iliun itihroc cnlcnts x ill he IrllLCrcd by the platurg of any portion r!';1 IW I his \1111 cmurc that ;IS Ihr (I s!!Icl is d0 clopcd adcyu,Ih• it AI purf,lliun Infraslrnlctluv c1 ill be out rr 11JWk' Ili bindle' lhcgcuera!nl110111c ! C) lpprusing a (Mailed plurl, the detailed plan contains lib acres and Includec'dnl I .Ill land uses ImIled In the suulhcrn parlinn of the / inK di+trlct. slnplc- In 111 ~i11 01 11K'1. ('Itc ('nuncll ullpt,lled a dct,Iiled plan prodding For it 101[1l 01' 51(l I it nl~ 11~1s (sce 11l,Irhmcnl 3, 1 nc11111ir 131 `pcc111c,111), it ollo%cr for 1:(+SF•7 res0knuil 1 ~1• and ?s1 SI -111 rclid%IlIIiIl lot, I1'[ ptigmscil 1lcl,ulcll PI1In 111%1Ides 1111(11 .1. 11, D. 1111d (i (sCe AttACIVIIent 21 the P, r1 1iltcil 1 1114 uses ale snltlu-L111nly I'll 1 ra(11 1. Ii, and I i WId ,1 puhllr school and it Pihhc 1'.uk oar Ificl I) 1111c 1011011s11 Ilk:, 111AI Ihr drl,lilcd plan shins a to1.11 of nth 4s' ~nivlc Ianld} 101.. 11ht(11 i1 54 lets 1c.s than dre 910 sinplr 1am11} loll looted h} the nWnrrpi plan I A I it I Il[IUIIL II PI:u1. 11c Jdr 1111.111.111+11% 1l The 7rneerve I n w r. teAr.t% l lk~ 6L som~ e :amp a .c..,. .r v+,+~TwfM✓.aW wnMN "tux.a:41q..leN V-.e. Several transportation improvements are associated with these tracts (see Attachment 10, Exhiiiit Q. Again, they will be triggered by the platting of any portion of a trecl. PRIOR ACTION/REVIEW (Council. Boards, Commissions The Planning and Zoning Commission recommended approval (7.0) of this zoning request on September 9, 1998, by three separate motions. i 1. Rezoning of the 15.088 acres - recommended approval with no conditions (ice Attachment 4, page 13 of 44). ` II 2. Concept Plan -recommended approval with the following conditi')n; A, That prior to the issuance of any building permits for lots on Tracts CH, 1, 1, K, L, M, N, 0 and P adequate transportation infrastructure shall be constructed in accordance with an approved Traffic Impact Analysis (see Attachment 4, page 31 of 44). 3. Detailed Plan - recommended approval with the following condition: A, That any land use other than a public school or park on Tract D shall require s detailed plan (see Attachment 4, page 35 of 44). Staff supports the Planning and Zoning Commission's recommendation. F'ISC'AL INFOPMATION Development of this property will increase the assessed value of the city, county, and school district, It will require no short-term public improvements that arc the responsibility of the city. Additionally, it will involve the dedication of a school site to the Denton Independent School District. SUCCESIEDRECOi1 MENDA110 Staff recommends approval of the rezoning of 1$.088 aces from Agricultural (A) zoning district to Planned development 132 (PD 132) zoning district, the amended concept plan for PD 132 zoning district and the proposed detailed plan as recommended by the Planning and Zoning Commission, i , ALTERNATIVES 1, Approve as submitted. 1 Approve with conditions, 3, Deny, ; 4. Postpone consideration, . 5. Table item. , "y' nll i L,"rd1611"'O dnr , 32 X I t..1 r , 0 r _ r r.. rv ar.... i'nm.,i.. riN w•" !r:.+- ~ 41AI}YU¢M Y u rJ4+n!n'/hAa'inav'n r tin..~-. ATTACHMENTS 1. Concept Plan -The Preserve (2 pages) 2. Detailed Plan - The Preserve (2 pages) 3. Planning and Zoning Commission Report, 11/9/98, Z-98-011 and Z-98-037 (27 pagt.+) 4. Planning and Zoning Commission minutes from 11!9!98 (29 pages) 5. Approved Traffic Impact Analyris (2 pages) 6. Letter from John Tinnerello, adjacent property owner (2 pages) 7. Denton 1SD Letter (1 page) S. Draft Ordinance - 15.088 acre rezoning (3 pages) 9. Draft Ordinance - Concept Plan (7 pages) 10. Draft Ordinance - Detailed Plan (8 pages) Res eclfuily s itt T2 D ill t. Director of Planning and Development Prepared by, Wayne ed Planner i , 1 i M 1 1 nv r' i yi /vrul!(( 1~~NX.prrurJ~i 5 i i P5,~ a 32 x f o F c ATTACHMENT 1 Yrr / , ..r" OL 1 • Oft• ~ IItfK MTGL O IIII M IAl-~ A/f10iNTIAI Y ~Ji. fureil At Ot UAL 0 if Ali t m reveal M • r, d •k!L ` ` IIIIIDOIMTIAI ~ / ~ tI i O / IffDINTUL S ~I i Hill 'Y'ew i AE IIDENTIFL ` ~ ~ ' - I / II \ A I TIAI • iaurrr r».rr.... .rj6 1~x~~r..•IYIY•.rYrl r r+ A/IIOINT1A • .'y+•• r~Y+•rur.l..,. \ ° CST= , , A . ° i7a 1r..♦ YiIY 1 Y 11. Yl• Y WI iY• •Y r !r . IY• YL0 Ra Y61M •I11 YIM I, - 1~ Y WyH YiY • • • • 1 • Y Y ~ 1 M FY Y•• • • • / I • Y • • , i 1 Y ilw.i •iY Y 1 Y W~•1 Y•Y i Y 1 Y WYiul Yi1 • • • • I • Y i i \ ~ w Y_w_ Y iY ~e1 {L• 1 1 i 1 1 i 1 1 r. Y s 1 ' \ \ ii Hwy i ~1 ` 1 M IW • • i Y • • • • • • 11 I 1 Y YIYII YM i • Y Y • • • ~ Y1• ~ 1' 1 r 1 I ~I'I E; I CONCEPT FLAN I ~ I i I THE PRESERVE I oalto MAs i lill •I' III 'I f 61 I I , 10 32~X D "'o 00 r i 0 I mupwvm m" OWN" Illl11111I1i118111 "0 V. 7^H~Y~MMr H•GM~rA11r 11 1 Y~~ y rv. b M y 4 ~ IIItY4L •t a "a erHw A ~ W T ♦ ~ 5'1 ~ A • *.p*Y~~ ttt R M~~1 ~ a ~r n A i.. fe.~H r . 1P ~ A .v15 q1 ►IM ~ E 11 ~ Ph Wl~t r~~'x 4m+ .A. tffi,o 4.. m~. P 3d~., t ! Mtn i, ~ at Y ~ Y u fI~~j,1 { w ~yti, 4 \ 4,IM.M'ye ~A v 4 h~„ ' 'k ~ 1A. ~•ir~i~ ul w~~rr i `IIIf~ lij 1111 RESIDENTIAL 4.0 W , enrh H.nnn MMa l+I AhH > ~ MlilTl FAMILY wwulroahrm TOIM-NN9JIIE>f_ ~'~He wr+Hn I!! W ff a 44 A "A~Iw y1. ~"r• _ ~ ; y~,~. '5~1, fie. ~ y+M ~ ~K ~xi t~`~b~~'~x•''S' it ~ 1. ~ tr-ronarr r1Y1nMeNt IOttll M ~.N An H 1H .In •n Fro RflIDIMT}Al__ d.6 PESIDENIJAL. ILq PEaroEKttAL_..fo.o In V.C. t i 'p• u r i G i • it n 'y' _ ATTACHMENT 2 I 14rIYrM. I~ • • WM~. MrrIEf1R / LEI c j: mn, •I wu roar t / "M 'Al PAGE ROAD r~u. I'••i ' MLI,( iy allK'"r I. Mu.r ■.MWI,: ` qg r ~ I rrtY ~`~+~Il~ rnlrcun,r J ` Mnrr brOnr A D y S \ -rr-. I LC.= ° r x+s~r yiry.r, QPS. ~~r'Iw_ArWtYI i ii// I.rrr rrONl Yr, Nir,1 r-r~er UIPOV irrrwrrr_r•~. ~ `w7r,iSSfRiIrr.0.CL1"w f4 ~ w r r. r a, r~ r r~ ra i r was 4 M1a . PLAN 0 THE EPRESERVE II I ~ DEhTON, TEXAE j ~ er I~ I ti' dlh~'~ P5 x 10 32 x I a 1 1 grow" I TRACT 0 TRACT B 111111UIIICI H, F HOLE FAMILY • 5.6 bp{4L[.f!IMICf c.t°9 61N06E fl1MILT 1.10,0 u:.r~::~rwrra^.1 GOO" k _w y y . a I f n, } 1 My, y /yam ~ C 41) I,~fM et t~ ^ky« 1;•~ I L~.s R,, C,~a f1.e. "'~i..f ii1Zs ?I 1 ~ ~ I I 1"'+ `;R y; I~~ ~''~~?I~`~~'~~"°~•"~'`4'I St I N'~~w'°.A`,~/,~ j I!1 W IIK I.I N f. 11YYM/'N! »iv1Y 'I:.~ X5:747. 1 M W NY11, fIYO, , 1 • 1 n A nn7r W I 1~4„fY,f 11 1 ~ ' wnf ul..ar I Y nsnn t f r ~ap~1 1 ~ 111 1 uS.ee T.~ 1-~p iI ,IIR s - flfla,- YI,1H iRfJ 32 x l o • o . ATTACHMENT 3 PLANNING AND ZONING COMMISSION REPORT STAFF REPORT Subject: The Preserve Case Number: Z-98-011 & Z-98-037 Staff: Wayne Reed, Planner I Agenda Date: September 9, 1998 _PURPOSE Hold a public hearing and concerning a request to rezone 15.088 acres from Agricultural (A) to Planned Cevelopment 132 (pi 132), amend the approved concept plan for Planned Development 132 (PD 132) zoning district, and approve a detailed plan. T CITY CITY OF DENTON OF Recently an a ed DENTON' i r~-- 15.088 act act 9 f t, s i ~P St15`~ 1 •0;+T' ~ .~I~"1,:i et~'~G'wj~ THE t~ a1 +f -jj PRESERVE 4, , v end Y"r kf ~ a n.~ 1 I • II 0 • LOCATION MAP { Location: To the north of Shady Shores Roa 1 and tY a east side of Swisher Road Size: 427.616 acres it t 0 " GENERAL INFORMATION Applicant: Mathew Goodwin Owner: Taraland I, Inc Goodwin Marshall, Inc 4000 West Windsor Drive 6001 Bridge Street, Suite 100 Flower Mound, TX 75028 Fort Worth, TX 76112 Agent: Marc Footlik . Section 35-7 of the Code of Ordinances outlines the rules of procedures for amendments to a I ` zoning boundary or district. In general, any person having proprietary interest In any property may petition city council for a change or amendment to the provisions of the Zoning Ordinance, or the Planning and Zoning Commission may on its own motion or on request from the City Council institute study and proposal for changes and amendments in the public Interest. r A rezoning request must folios, the established procedures for public Involvement. First, they Planning and Zoning Commission shall hold a public hearing on any application for amendment or change prior to making its recommendation and report to City Council. Notice of the public hearing must be provided a minimum of ten (10) days before the date of the hearing by publication in an official newspaper of the city and by written notice to all property owners withln two hundred (200) feet of the site to be rezoned. Once approved by the Planning and Zoning Commission, a public hearing shall be held by City Council before any proposed amendment, supplement, or change to a zoning boundary or district Is adopted. If the Commission recommended denial of the zoning change, a request can be considered by City Council tithe applicant submits a appeal in writing requesting that City Council review the Commission recommendation, Notice of the public hearing must be provided a minimum of fifteen (15) days before the date of the hearing by publication in an official newspaper of the city. i ' In case of a written protest against such change signed by the owners of twenty (20) percent or more of either the area of the lots or land Included in such proposed change or the lots or land immediately adjoining the proposed change and extending two hundred (200) feet therefrom, such amendment shall not become effective except by the favorable vote of three-fourths of all members of the City Council. Furthermore, a favorable vote of three-fourths of all members of City Council is required to overrule a recommendation of the Planning and Zoning Commission that a proposed amendment, supplement or change be denied, i 1• i 1J~~ . 198 011 C&Z txnrq Slap Report.ckd y+ 9 1 f,,4ti 10 32 10 t1 , sawaaNr. 0 i I , I ;suaaea COMPREHENSIVE PLAN ANALYSIS 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. , These areas are intended to be developed primarily for single family residential development Neighborhoods are to be serviced by a network of small commerciallretail centers spaced at about 'h mile Intervals with direct access to a collector type street or larger thoroughfare. Staff finds the proposed development to be consistent with both the policies and trip intensity standards of the 1988 DDP. The table below provides a summary of the 1988 Denton Development Plan policies applicable to this project: Denton Development Plan Policy Analysis Summary Low Intensity Are Development Rating vs. Polity POLICY COMMENTS timo Inc Inin§sstent Consistent Intent. These areas represent primary As proposed the Reserve will housing areas within the City, contain L,198 s nglrfamlly homes, ID6 townhanes and !apartment units. X Intenslty. To be consistent with the The Preserve Is under Its allowed trip Pan, a development should not exceed I i Intensity, whidl is deRried as 60 hops per allocated Intensity. acre or Rare spe'dfiwlly, 19,560 trips. X Site Plan Control. Strict pprroo(~~eerty Detailed plans will be required before any developnwnt control within 1,6110 feet of development is allowed. existing low density residential areas. X Traffic Design. Access should be As proposed, the Reserve has located provided to ensure that multi-famiry or one multi-rams area at the front or the nonresidential uses have access to drstrid (Trod where It will gain access collectors or larger arterials with no direct onto ShadyyShores tined withal passln vision access through residential streets through nbal aeas (mrl~D,) and KAl win have access onto the arterial. X - upen Space. Sufficient green space, The concW plan reserves nearly i l - reaeabonal fadlitles and diversity of parks seven (6) ayes of land for parks and are prWoled. open space. X Pubilc Participation. Input into The developers have held three (3) planning by nefghborheod associations and neoh tarhoal meetings with surrounding councils is encouraged andcerKerned residents There has been no off4al opposition Ned, X Land Use Diversfty. Non-residerri and The proposed mix of lard uses!: multi -family dcve%pment is encouraged to consistent with this goal. a limited degree. X Manufactured Housing. This form of Not applicable. sin gamily housing may be tible with developments In the lowcompa fitensty areas SuI to conditions. Strip Commerclol. Any Wrm of Detailed plans will be required before arty continuous Stripp comnerc+ll Is strongly development is allowed. TNs win provide discouraged in/or nea• low Intensity areas. safeguards against strip commercial from appearing in this ama. X 0 li Z 9S 011 PSZ Z,miriq Starr Repaddut r i 12. 7 rJ K F 32X d Y raffia ' o 11998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) is to be used in conjunction with the 1988 Denton Development Plan in evaluating the consistency of proposed development with the long range vision for the city. Staff finds fhe proposed development to be mostly consistent with the policies of the 1998 DP. Y The table below provides a summary of the 1998 Denton Plan Policies applicable to this project: Denton Plan Policy Analysis Summary Development Rating vs. Policy CATAGORY POLICY Izrsistent Appr~icatble consistent Transportation. Compliments Denton's Long-Range Thoroughfare Plan. X Promotes Access Rinagement Practices X - r' optimizes operations for ernergenq service providers and 'other pulpit service providers % Promotes public transportation system. X Contributes to tre Denton Trails network. X Stormwatee Drainage. PrvtecU lWyear Aoodplain areas In accordance with Denton's watershed management pans X Conforms to local subdivision regulations. X Contributes to re9ionat detention fadlites. X Provides for natural riparian environment along fioodpaln. X Upgrades existing substrndard drainage systems as Infilt and redevelopment occur. N/A Water and Develops and maintains property and private Wastewater Infrastrui X j Creates opportunity for cverslzing water and wastewater lines to meet future development demands. X Provides review of proposed water and wastewater Infrastricture to ensure public safety and health. X t Promotes Inful Improvements over new tine extensions. X Electric. Provides underground electic service for new residential and ronrestdental development X sorid Waste. Promotes e'li access to al development for solid waste service delivery . X Parks and Recreatlon. Locates parks and recreation facilities in accordance Mth o the Parks and Recreation Slateglc Ran. % Enhances parks and recreation opportunities for residents, X Preserves Aoodplain for parks and open space to aid in floodpain conseriabon efforts X Allows combining of parks with otlrer public faii to X i achieve cost effecive delivery of public services. Residential pmeffi mould dedicate land or fees in q uyy v yl. O lieu of land for fur neighborhood parks. X @ 0 Environmental Quality. Promotes preservation of natural resources X integrates environmental protection with economk growth and community development, 2 ?s g l I P&7 ewes is 51')r' Rol. 't 6r' 13. ' 32 X I O I ~ F o { I ~,eaara. , , • 1998 Denton Plan Policies Analysis (continued) I Denton Plan I Policy Analysis Summary Development Rating vs. Policy Not CATAGORY POLICY Incorsistent Appficabla car1051e1t Neiyhborihoods. Provides ac om to public and [arrx mo facros for r, residential nelgtZorhoods. x Encourages a mixture of land uses that benefit rasidents. x i . Prateds and preserves existing neignbort~oods, NIA Promotes Nq* and pedestrian tmffk within and r 1 between nelghboAaods to reduce vehimlar trips. x Housing. "A6es a range of tausirg types that appeal to dffering ecwwndc and Indlvldual Illystyles a x r offers a va," of sin0e•far7* tit sizes, butlarg Ctes a a and price ranges x 1 . Preserves edstlng housing, hdudng affardeble housing. '.'.NIA ^':a! Increases inlill housing con struLt . x Economic Contributes to a Strong and dverslfled {Dral eMMM bf r I Dhmilikstlon. lnaeasing employment and evpandng thr, tax base. „p- x Gommment Erxowages intergovemmenlal 00rorwilim to V%40 cost-effective public SMY&M. x lfrban Design. Addresses corm tnity oppearanoe In a axn refxntsfve s s~ Y x I Divertfies architectural appear nce of bulk wMrwvwt. _ x Nelghborhrad Inflq da<,eloprrent should be car"bble with edstrg land uses and buildngS. Nl'A ftteds a ~rves Dmton's and edial, coh" Worical and d N/ i} Enhances the appearwxt along major en4anteways MIA Promotes tlx preMA-40n of bees Ord Wrdscoong. I Public Involvement ProVdes an Opportunity Pon putt • opinion during the piaming VmA. rk i I i z :l V 7'~s 2 98 Oil F%2 2dunp Staff F Spurt dct . r 25 x C~ 32 x I ❑ w. . :i<11a1~Y7e SPECIAL INFORMATION _ J 1. Transportation A. Trip generation The proposed development is twenty-three (23) percent below the allowed number of vehicular trips for a Low Intensity Area (see Table 1). The concept plan includes four hundred and 1 twenty four (i^-4) acres. At sixty (60) tripslday/acre, allowed trip generation equals 25,440 trips. Traffs. intensity for the land uses included in the plan vary, ranging from a low of 5.86 trips/day /dwelling unit for the townhomes to a high of 40.67 trips/day/1,000 sq. ft. for general retail (see Enclosure 16). The projected average number of vehicle trips generated per day from this development is 19,560. Table 1, Tha Preserve Concept Plan Trip Generation Calculation Land Use Average Trip Total Trip Maximum Buitdout r Generation Per Generation Single-Family (Detached) 9.55 trips/day 11,0227 1,154 detached homes TownHomes _ 5.86 trips/day 621.2 106 townhomes Apartments 6.59 trips/day 2,636.0 400 apartments General Retail 40.67 trips/1,000 3,543.17 87,120 square feet Community Facility (Sat.) 7,39 trips/1,000 1,030.11 139,392 square feet Elementary School 1,09 trips/student 70?.5 650 students Total Trip Generation` _ 19,559,7 ,r . Allowed Trip Generation 424.0 acres 25,440.0 60 tripslacre Difference - 5,880 3 230ii below allowed trips ' Calculatloms provided by tM Intillvte of Trans ponsvon Engl non, 1991. In contrast, the approved concept plan is six (6) percent above allowed trips (see Table 2). Table 2. Southview Concept Plan Trip Generation Calculation Land Use Average Trip Total Trip Maximum Bulldout Generation Per Generation Single-Family (Detached) 9.55 trips/day 11,078.0 1,160 detached homes TownHomes 5.66 trips/day 498.1 w 85 townhomes Apartments 6.59 trips/day 2,63&0 400 apartments Retail and Nbad Services _ 40.67 trips/1,r,,0 11,161.0 274,428 square feet Community Facility (Sat.) 7.39 trips/1,000 386.3 52,272 square feet Elementary School 1.09 trips/student 708 650 students Total Trip Generation 26,467,9 Allowed Trip Generation 414.9 acres 24,894.0 60 tripsraue v_ Difference + 1,573.9 6% above allowad tripe ' Calculations provided by the Intl Kde of Transpodallon Engineers,1991. Mail 19"1 1111 r8_' Z-C'1M4 SN' R"Wit rbt AAAAJ 15. 1,' 1 S Yn/ r . 1 / K. ~.1 32 ? 1 lea The proposed concept plan in comparison to the approved one reduces the potential number of vehicular trips by 6,908 (26,467.9 - 19,559.7) that will be placed on the transportation infrastructure and complies with the trip intensity of Low Intensity Areas. B. Access The concept plan demonstrates a thoroughfare layout that has a primary arterial running north 'o south through the middle of the district (see Enclosure 1). It closely resembles the one for Southview. All of the development will use this road to access 1.35 east. Only two collector roads are proposed to connect with existing roads. To minimize the impact on the surrounding two lane roads, the developer has agreed to limit access onto these streets. Specifically, no driveways or streets from single-family subdivisions will be ai,jwed to open onto Pockrus page Road or Swisher Road. The detailed plan demonstrates this layout (see Enclosure 6). All single-family lots will only have access onto the primary arterial running through the development. Therefore, all traffic will be directed towards the freeway. C. Road Capacity ' j The Preserve will have adequate road capadty to handle the traffic generated from the allowed land uses. Lakeview Be-ilevard as proposed will have an eighty (80) foot right-of-way with ten (10) feet right-of-way res•. ved on both sides. The developer will be responsible for constructing this road as a frir lane divided thoroughfare down to the city limits located south of Shady Shores Road. This design will carry 24,000 trips/day. In the futur3 at an undetermined point based upon traffic volume, the city will be able to purch ise the reserved right-of-way to increase the road from four (4) lanes to six (6) lanes. The two (2) collector streets shown on the concept plan will have a sixty (60) foot right-of-way and will be designed to accommodate 5,000 trips per day. All single-family subdivisions within this zoning district will have local streets designed to handle neighborhood traffic and will have access onto the above mentioned collector and arterial roads. r D. Pedestrian Linkages Sidewalks along all public streets are required. A linear park trail system within the reserved park land and open space areas will provide an alternative pedestrian system for the entire public to use. 2. Utilities •s: The Preserve will extend and improve existing water and sanitary sewer lines to service this development(see Enclosure 3): Water: a) Fourteen (14) Inch waterline on 1-35 approximately 5,000 feet west of Swisher & Pockrus Page Road. Wastewater; a) Twenty-four (24) Inch & twenty-one (21) Inch gravity sanitary sower approximately 4,000 feet west of Swisher Road. b) Tract B & C can be sewerod by existing ten (10) inch gravity sanitary sewer p along west of Swisher Road flowing north. c) Ten (10) Inch force main running from Corinth lift station that changes into 8-inch force main along Pockrus Page Rd. and discharges into the existing Z 08 O t I PRZ Z.xoq Sid? RPK0 &I 16. 10 32 x o r 21-inch gravity sanitary sewer. d) Lift station located on SWIshAr Road. All development will have to provide utilities that meet the standards of Denton's subdivision . and land development regulations. 3. Public Services Station #6 located on Teasley Lane is the nearest City of Denton fire station. The City of Shady Shores has reserved the funds to construct a new fire station with a full-time paid staff at 1-35 East and Corinth Road, approximately one (1) mile south of the Preserve. This station is projected to be in operation sometime in the year 2001 or 2002. The City of Denton and the City of Shady Shores will work out a local service agreement to have this new fire station reepond to all calls within PD 132. 4. Drainage and Topography Major drainageways are in the natural channel of Pecan Creek. The proposed concept plan .3 preserves this area as open space thereby allowing water runoff from new development to flow into it. Minor drainageways will be addressed during the detailed plan stage. Channulization of the major dralnagewdy will occur at bridge structures. 5. Signs As allowed on detauod plans. All signs will comply with the sign ordinance. I 6. Off-Street Parking As provided for on the zoning reslrictio • s sheet (see Enclosure 15). 7. Landscaping This property will have to comply with the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pet vious (plantable area). In addition, the proposed development has reserved sixty-seven (67) acres for parks and open space. i his is far in excess of the minimum required open space. Moreover, it is dramatically higher than the eighteen (18) Pores reserved by the approved concept plan. 8. Open Space • The proposed trail system In the Preserve could be a significant component of a larger Denton Tails network, potentially connecting with Corps land and areas of the city along the Trinity rover and Pecan Creek. However, it is difficult to fully assess the Preserve's trails until the areas are dedicated to public use. P. Lighting • As allowed on detailed plans. 0 • 29& 011 P&2 Zonmq Star Report dot ; 17. - +A ? x.10 32XI❑ s • o D i 'foul F ~ r „ ~ 7)• PROPERTY HISTORY r~~ 1984 and 1986 - The subject property was annexed Into the City of Denton. I, December, 1984 - City Council adopted ordinances establishing Planned devf:iopment 88 (PD 88 for SF-7 and estate lots on 17.1 acres and Planned Development 69 PD 8.0 for manufactured housing subdivision on 49.1 acres of property located at the southwest corner of Pockrus page Road and Swisher Road. October 18, 1988 - City Council approved a concept plan for 414.9 acres, which Identified this property as Planned Development 132 (PD 132 zoning, district. August 15, 1989 - City Council approved an amendment to the approved concept plan for PD 132 and a detailed plan for the first phase of the Southview development. July 21, 1998 - City Cc!1nclI approved the annexation of 15.088 acres and zoned the property Agricultural (A) zoning a.Arict. +ur.... Munn.i~Mr ♦ 11 PUBLIC.NOTICE , 4.. ..,..,M a Notice of the zoning request was published In the Denton Record-Chronicle on August 29, 19980. Ten (10) property owners were notified of the request on August 2b, 1998. As of this writing, there have been no (0) responses. Several neighborhood msetings were held- June 23, 1998, July 7, 1998, July 30, 108, and August 19, 1998. RECOMMENDATION Staff recommends approval of the rezoning of 15.088 acres from Agricultural (A) to Planned Development 132 (PI) 132), the amendment of the approved concept plan for Planned Development 132 (PD 132) zoning district (Z-98-011), and approval of a detailed plan (Z-98-037) with the following condition: s a) prior to the Issuance of any building permits for lots located on tracts C, H, 1, J, K, L, M, N, O and P, adequate transportation infrastructure fin accordance with a Traffic Impact Analysis L! A) studA shall be constructed, linking the proposed development from the city limits south of Shal i Shores Road to 1.35 East. 'J I I 96 011 PRZ Zoning SI aB Re{ni t dut 18. ,.r y 7r x❑ 32 x I Q l~Q4 t 1A I r r J A i uame.J~ , i I move to recommend approval or the rezoning of 15.088 acres from Agricultural (A) to Planned ; Development 132 (PD 132), bye concept plan end detailed plan for PD 132 with the condition recommended by staff. Xap, ~ ..T>exn ~~.W mr".pie aYl^.•.rmrsru"^a f~,.'. ~}u ALTERNATIVES 1. Recommend approval as subtmitted. 2. Recommend approval with conditions. J. Recommend denial. 4. Postpone consideration. 5. Table item. ENCLOSUREI1 nitilh.ik i i~ Yx i~ a:~f, .:i w.a iXd1ti is t~!f}YF?yT'MLr~ fjy;G:t~tr. a 6rr,., 4 1. Concept Plan 2. Concept Pian (with topography features). 3. Concept Plan : Existing and Proposed utility Layout. 4. Concept Plan: Residential Lot Requirements. 5, Concept Plan: Legal Des-ulption. F. Detailed Pler,. 7. Detailed Plan: Tree tnvontory. 8. Detailed Plan: Residential Lot Requirements. Detailed Plan: Proposed Utility Layout. 10. Deta;:ed P!-r: Grainage and Infrastructure Layout. 11. Detailed Plar : Legal Devriptinn. 12. Southview Concept Plan, 13. Southview Detailed Plan. 14. Concept Plea Zoning Comparison r The Preserve vs. Southview, 15. Zoning Restrictions - The Preserve. 16.Trip Generation Calculations by Land Use. 4'yZy 4,4 7 4 j• i . r 1 t ; a t a ~ 1 t t t ~Y 14 1 , t a ki I i, t 5 t ' 2 9.. 011 PS2 Zoning Staff Rep)rt lot t 19, ' 10 e ,.Tat*= s 1 { 1 gem" - ENCLOSURE 1 I 1 ~ • EEDO L , 1 r- om 1 w' AU O[RtIAI - i ■Iy ! A!{DENTIAL #FLD!NTIAL / r AE DI L rw " 4A AA O utroENnu •rc••u► `la ~O • . a • • D . o IAIIN w~ AEADENnAL h~ L I XTIAL r ir~r`r...a~ rr.r w.ir•.... Jr. r.~ ...r+......„.. AlCOCMi AI p ly~+•~~Lw•r •.r. 1 1 ~~C O r ~ r w = rr r~ r ~ Ira r•w + 1 u IYr• : ~ r i i i i • r 1 - ~ i ~ r~ •••1 ~w i~ i i r• r w ~ i \ w • r • • i • r ~ w I ' I •j M ~ • • •r • Ir1 Y r I'' ~.y 1 % •wr Z'w_ i ~ j fir.' • r ~ n , ~r.r • v rr..•n w • • • • • • • • V kMW E nn l~ f , CONCEPT PLAN War {r,~, I i'r THE PRESERVP I~ Illli DIWOK TEXAS 20. 25 x d~ 32X In "I did I , r, , DEL,. Q • ENCLOSURE 2 ,a, { ~ ~ ~ eEflf7~xTUC` 0 • Niew MTUC=i "leg TIAL ix MID ~l',~~•,.. . ;o.; _ Y . AS S , i 111C!{tNTIA4 7~ i" s~,t~y'~.F t 1~'~ ~ a MR ~ r t , l 1. -1` J Y. .`ITV y 0 ~ .r. r. • r. wr ro 1~ •rr r r r r v r uw r ~ f ~ sr w wwr rr .ar r•r •w• u r~r.•.. w i . • ~ w w % f ~~I~ I I I! f I CONCEPT PLAN I f f~i i R i! THE PRESERVE ~i t OENTOK TEaAB R ' ~L A„ t 9 J'Jfi'`.M'b ENCLOSURE 3 1e g I 1 VON! it+ Lri~ f z lam- c~'~' q.r^ A-V ~I' 1 y - a \ umnc.~ wone~ uilm wa+ O • ■ s ~!o- .+J• ° PEC00 MEEK :.~:I epl a%AL eICAVFT _:~1J~.r~1 eqw 1110 MRS M pANAM IL1Im •ti ~1,Ri Y>i~V~ AI.hM[l la lla 1 [rn r L"L l• T U ALkVbt NC 0TAH-TVAncF.LLA.'A1wN omcr Lvtlvtyl YEW 22. h a ) .k ~y 1 n C: 7A 11111 IIIl01 {1111 wu w rmwr I r• nwrtr ~e.r 1 t' euawra+arurm~lna xoev url~lt - I 1 1 Y b „^w ^ 4 4q ti~ Irw ~~ty r 2Sa RS. ra Vr tiM ~1' sLO 'a•1q •;"hl`' '+e 'iq~° r 1 I~ ! ell . tM 1 t 't i~•w ~ ii~I1,M1 AtiM 9{ IH BEA141:NTIAL_l4 W` 1•. - ww+.w wnw Ar.Ir wTlr MULTI FAM16Y ...w ur w r.w rn TOWNNQMEI_ .w. ur rr vw. r. W ' W N Is- W b s~ ~ t &y. e, q 4 M rrw ('°,,,~,\4, 4 Lwr a a y t~~~~rrr ots w WA " by u1 rrl, rr ~ ~t i llrrM, ~ ♦~ty L~ f I 1k 11I 1I W ww± 1 or Al= !IE i l0 EN f IAL 11 BI INE NTIAL_• 1A BLI IQLtlTiAL~1Q.4 ~~f~ WA x❑. 't~ K 32 • o I - ENCLOSURE 5 loW r- t Nin i i l J Nl aa" 1t. a 1 !!~~•r[''// 111 7 A:, p t .v err ~ rOCr:. ~ e - 'VV Y 4 P21'C A" G 'L 1 :T' nh!_. W1 Yb,YAtlgltf ' - IV 6174 A. AMMACT He JIM r 1 r r a A Rt7UM MIN . MtI1K') IY IN r a nc.ie 1. C1T1'MCIXIdI er.t:_t t ••..rS'1 EOIfON COIRRY, RIU! lX7Mue W Muo~.IaRd ' r 2 4. m+ron c wxrr, Icw M ~~~~Fyt11 x❑ r 32 x 0 e j'ai' • e o 1 ENCLOSURE 6 - / nawra•u )1 --1yy//~_ `M ~ r•YYI•YY• ~ ' M~1 ' i 41 "t` "eT~ t .lj : tom; .€4 Ir 'fira& "o i `~F t ~ y *i'i~ I •oiex~ %/J/~~ ~ I/ run• t° ~ -+'r I'~.2Y~iLJ'~'~'~ it ~f r~ I l I ~ -M ~ ~ i iitwi cmi • 1 e ~nirn` m• • 7 Cffii=..r.n•.w •~w+n• ~ fJ d7 ¢r ~y\rro~~~ E.sirLis3isr3rrxs. a.Y w r Yu r n rb ab iw Yala ~ as a• b• 1 Y Y\• • r • • 1 • Y • Y 111 • Y r(I~ I I,I~lJ I f~ DETAILEO PLAN • . It THE PRESERVE Ilrl~ 3 11,. DENTON, TEk83 251 (j Ril 0M- - r, {Tj *w1 J K lJ J G x ! o s , 0 - I~ II ~a I • ENCLOSURE Y • WAR 6 fwlw~ I r ' • d -K r + I Ali ~ ? -_f i I ' 1~r~ a ~f e~•di e,•y ~I l AIMdtL'IL•iJ a `e~° r~ r • r f f.=l rirTY ii . r: ` e r we, IY'. 5 r Y may... u, Yut~Ya :r:'.i' 19•k I i f { •I r • Si{O~ • ~ w " R: E g e ` Mal ~ I . 'o ~ r 7 ~'~r f I II ~ I I TREE INVENTORY PLAN eI , THE PRESERVE I,lYI DENTOA, TEXAS 26• NI a. y p flu 32xlo 0 o i I • j I I IIIMI ICE I~IaIIYII fy11011 IW 1Ya YlYI[ ~ ~ YYe14~~t I ` 1 a1 ~7"wfrii4 1~1 aN e:rrwxmtrnn w".~r It T. E F OooQnY fWINI hC. ~ s Yt W alert F r 1 "•a it ~ ! Aw41.v.1 ~,ilCa - ~ 0. Y {e ♦ .k+y 4 1 e I~ti ~El~ AESIDRN?IAL.~6,0 W N e~~ e e n n Y rala ew wn Y MULTI, FAMILY ...eeeue y.+wl IOWAHOMES_ ww al nu leant ;!d ` W ~ a - - _ vJ .a f _ 1. ut 411A_i a~~ I'rrZ a r~~` n no 1 aN l1v e i~K 7'" le wnZT.7r Owl, MMM ,p,,yVe p AESIOEATIAL 6.1 AR /?DRHDAL--iR AlS19RHT1A1•_ 10,0 v[i7Ft'i~•'!$ A , ENCLOSURE 9 s umn J!~0 • C a K1 nmatwv .I. P I • ~'LfiY, f RPd' h 1.: 3=45•• !I '~\`I• r T/ p t I i I 1 ♦ r,a "J I~!♦ ti. I.'''~ Ctl ik."iL'.I'11.'Tfi7. . .r . I \ 0 1 ^n. as a~ . vJ • I 'a l t ' 1 , ~ '1a'd' wo~urmuxart 'Q l `.,rti n¢ru°a reC?HMR = I0c w urrWr w. ON ~DVRAAAKRm WMACt ft M rnT v Donut Ooaowon no+ronco~tnrttt',taw ~R.. _J,Syia.,x 1 trn.Dtnuc" or - TAaAiAtiD; INC. rwiw..r.-Ma CWI0M 00U1fITJum .laRA1 R~gQtRgqrli rrw 28. l o - - ENCLOSURE 10 as / KI ' ~ al Jf 1 L i r / y A' l: VAX. ' ! _ . w.uuo~wavmRnu urwi f ..4.~ . ~ 1ya .J','L4 nm rl~8solvEa a Wu en,n AX~Mvn umua u ..urn m. art a CP Do TAXgA OowMMi Dona.couMrttuu ens-murouau+aacnala I.S.'!i'Q1rM1.\LT D~IP1~=7,1~'N , " 'w .-(~y- c"s 25 ie 32XILI .pµwr.n 0 ENCLOSURE 11 c rrnm rw ~ ~ KI yr F r~ `:Y? 1 ` r c ~ . .i 2.~ ~ew•'dq ' i `vat; l rr A rl r yr C nn ~E rr., `:;:.'::sal#cn ..cc~ ~ e.. `.4:'t-'3L'aL-`~: iea~•. e"4~L~3FSo?i::•i =a:?:"£::'e::'.. .:,a n:•:. :a-,r.lrr~sa , o r:~-~•C• L'•Y.: 'i7G•.~'.~. Iru varvra ~ Q J W^r ,r trYnsy._„ -A a.-+:rti~ y ~ae•:~ ..-....;q.^r. 6_..... y~.:1.t9t::.C,:1^-5~=.^-'-:'aF~.~ MAN CRFkit ' Z. riz 6:taa:. UrMP 11 VIA!, AAA" ^r': L nr: t l T. • L% ri^!Y=II: f'. AY.~iLMiLNw U!0 r rn we: L-trrrul un, eean.a~~ 710 e tt z •R'. ~L:••• n, us.• (11t 01 bbN r._4' +''x^""tsrA ,nlYDl• ?---v~;1 tEMi[, CMWM, Att.,! at-n.4retulwluAwarnarca 30. ocvvnca+m.lcvs ~,,r tr✓ f ~l 1_l Amp 7n.. r 1) 1 • o i 111111141 S;C oSUni 12 a./1 • O1 •.111 OLP. 1 1. 4. MO 0 I 11.4 4. 11.1 Y. ~I A_- T~ .1,14 ►Nl r."1 80-7 •,I 11.14. /1 M - ~IIJ Y. ~ , •1•p 1 11.1 u. la 1i ►OC1(MIJd 1/61110. /lf u. 0 1 t / S" ( lip +n J 11.1 4. 1 e !N coft"I h•• R•n •OUTHVIIW ►I.1p1 t1.lNgtl•IM +E o•IfI•M r•a• • ~ O O ey , ` 1111~~ owNat I olvaoeca . Xri142 +44lIGf~7/ 4 AN I. IIIALT1, INC. ~ r +cw "+rt .ant ter w Mat 071 •ANR TC11I1 nn wwn .n.~ 101 MAIN ifOltl, IUTI 9170 MwIM►10! 1.141 ►ONf WOOTN, TIAA• T1p1 t 1117) 17141411 31, 4 7• 25 10 .w~ 0 0 Mwtl►ss ENCLOSURE 23. N- 7 M! N. t 's I ~ I 'So;t ltiJlll I rl~ I ~ lisle II f ~ r r'e v. r.e wi 1 u.R• Li%I I ti 7,} 1,l~ r ~'nr •`~sl, 1~ •itI.K.,.r. 1 i 3i-': 1 ! ♦ r - .y1 i t ~ F 4 I K ` ~ S ~ ~ ~ ~ ~ !7' ai, .1 . 1 \ a 1r ~s~ .rs --~£--Ile,.+' ~J"°'~a 1+ • R y % , t~ rr _ • 32, r~, rpni. rr c i. 2 F, K l 32 x • 'Anwar • C ' ta~rw I Y • ZONING COMPARISON • THE PRESERVE p0. POSEO ONINO ORIOtNALt MI O DllVktD111pn1Uon ADn6 D1n1 Unb PNIDnMU Mims E EP FAR Awl Crntl UnNf F6MensW PhUml 1101j. If FAR 0 NA NA 0.ESIDENTUI.1.1 11.11 1.1 16 1.1 311 N NA 1 NIA WA 1.1 RESIDENTIAL-/.1 11.11 1.1 /U S.1 1111 NA NA fS WA W 1.1 o MA N RESIDENTIAL-7.1 11.11 U 711 1.1 1011 N NA tNa 1.1 N1} 1.1 I1M NA NA 0.ESIDENYIAL•10 W0 1.1 111 11 MI NA NA BSA t} 11,f 11 MI NA NA TOWNHOMES 11.17 f.1 IDS IB_ it? NA NA 11,1 to _Ill 1.1 313 MA NA MULTI•FAIAILY t0}D IO,t 100 11 /t0 MA NA III 56.6 1001 to 1001 NA A COMMUNITY FACILITY tt,ll NA NA NA NA 1101f IA 6.1 NA NIA NA MI 1771 IA ___GENERAL RETAIL 611 NA MA MA NA VISA DA 11.1 W%FAR NIA WA NIA too" 0 NEIGHBORHOOD SERVICES 010 NA NA NA NA NA NA 6.1 40% PAR NIA N! NM 01111 1.4 SCHOOL 11.14 NA MA NA MA MA MA 11,1 NIA NrA NIS WA MA MA C: PRESERVE AREA 67,11 MA NA NA - NA NA YA_ 111 MIA MIA N!A _WA, PIA MA Ab. W R-0W MA MA MA NA NA NA NA ISI WA MA M+A MA _01A MA TOTALS W H 1111 AM 116611 IIAf 11411 Allied i 1 i 1 I • 10 10 I MEOW" 0 I , amt. % I • ZONING TABLE SUMMARY •11PARCEL • THE PRESERVE • f NII Mb LMI ipk/ YMIUT MbYnue Ynp MuMUIN Mb 1Y1. M41NUlN Mu. Nt MM. Yn. YN. NM. MM. Mb. hr1001 Eld flrcll Dhtrkl De~lynlt on Ar0t A11WM LX DIN Lei DIN lot WNY Plr d0n VMI Cam IN 1/ ei. rAA MN7W IMI TMI AIOTW PANMI RAM OM sN AN DU PtMM A RESIDENTIAL-1.1 13 M 1100 f 101111 10 Al AI "1 36% NA 1.1 FA 10 1' 11 e"I t NA 71 611 1 1 013 ME NTML-1/ `111 10,000 E Ps"s NO 10 11 tl 31M NA 1 NA 10 1' 10 11"I f NA 1 1 C MULTI-FAMILT OY NA NA NA NA 101 106 40% NA 1 NA !1 104. 11 P9, 41, 00 _ 1 f` 1 RE11OPNTM.L-7 1 0111 Lo01E 161 I00 104 61 AI Ill 31% NA 11 NA 1 1' 11 01"0.9 11 It I _N REIID[NTML•1.1 l11t 10001E toA 111 106 11 AI 11 11% NA !I NA 11 t 10 1,.Wi NA 11 1t I RESIDENTIAL-11 1111 10011E 101130 tee 11 --Lk- a 31% NA I NA fl 1' ra_ _I E~eb1N NA _t n1 TOWNXCM! 1111 FA NA NA NA N IN I NA f1 NA t1 M'Iu IO 010Y on 1 1 hl `-MINDENTML-1.1 1VI Io60IE toA 10 10 n IA lu 11 NA to NA 1 1 11' 16 1e FA tl 111 N _ Re SIDSNTML-/.1 6061 $ON 1 101110 40 _M ~t 1 sIM NA It FA 0 _4 flnebut _ NA 1 Its 1 _R_PSIDINTML-11 11.11_ ifo00 ~P IIA N1 100 _N f1- 111 1!► NA II NA _10 f0 tl0 11 YA f1 `0 E L REIIOENTL~L_ta sl!1 1e000/0 M1N1 1" l0 to $1 01% NA 1{ NA f0 I' a 1~eN11 NA f.1 11 NA NA NA ~NA_ hA FA NA MA NA, A~ t. MA MA NANl_ MA p C SICNODI__ All 1 PAISEAVEAREA 1011 NA NA NA NA 11 NA NA NA MA NA NA NA hA NA A 11.01 MA IRESE RYI ARlA 401 M FA NA MA NA NA NA NA MA NA NA Nl NA NA 1 N4 NA • I L /_~y OINEMLRETA!L~_UI _N', _NASMA, _F~ No MA 10% Nh70 U _10 0 le to,CMA NA FA NA 1 L, COMMUNr" 6ACILA7=" 14 hA NA 1 NA I _NA_ FA IOM Ie614 / I 11 fl FA 10 ROr CA/y NI 1 I NA I M4 I ~ VI A I, -T-___ To_iAL1_. 1=101 161 111111 _ Ulf 1 D I 1 1 I ; ft A r ~F 011 f xr ° ~e1<t` 25`10 32 x 1 Q gt" 0 • t,aa.at P . ENCLOSURE 16. Table 1. Single-Family (Detached) Trip Generation DayrTime Vehicles Entering Vehicles Existing Average Trlp Generation Per Dwelling Unit ` Weekday Average 50% 50% 9.551ripslday Weekday: Between 7.9 a.m. 26% 74% 0.741ripslhour Weekday: Between 4.6 p.m. 65% 35% 1.01 Irip0our Saturday Average 50% 50% 10.19 tripslday Sunday Average 50% 50% 8.78 Iripslday • Colcuraftns provldod by Iho Inobtuts of Transportation Englnnn, MI. Table 2. CondominiumrTownhouse Trip Generation l Dayttime Vehlclas Entering Vehicles Existing Average Tr1p Generation Per _ Dwelling Unit Weekday Average 50% 50% 5.861rps/day Weekday: Between 7.9 a.m. 17% Y` 83% 0.441,,smour IWeekday:Between 4-6 p.m. 66% 34% 0.55 trips/hour Saturday Average 50% 50% 5.67 tripslday Sunday Average 50% 50% 4.841ripslday ' Calculatlons provided by the ImtHuts cf Transportation EngInsera, 1191. i Table 3. Apartment Housing Trip Generation Dayrrime Vehicles Entering Vehleles Existing Average Trip Generation Per _ Dwelling Unit Weekday Average 50% 50% 8.591ripslday Weekday, Between 7.9 a.m. 20n/o 80% 0.47 t4ps/hour Weekday: Between 4-6 p,m. 66% 34% 0.58 lripslhour O Saturday Average 50% _ 50°h 7.181rips/day Sunday Average 50% 50% 6.07 trips/day ' Colculations provldod by The MOWN of Transportation Engineera,1291, 1 i • IV ' 198 011 Pr.1 Zurung st°C Act"I ,J. 32 X r , tt+ I Walsall a M Q M flares I i Table 4, Specialty Retail Center Vehicle Trip Generation (Per 1,000 Sq. Ft.) Day/Time Vehicles Entering Vehicles Existing Average Trip Generation Per Dwelling Unit Wee kda y Ave ra ge 60% 50% 40.67trlps11,000¢ l Weekday: Between 7.9 a.m. 48% 52% 6.41 t6pslhour Weekday: Between 4.6 p.m. 67% 43% 4.93 trfps/hour I Saturday Average 50% 50% 42.041rlpsl1,000¢ Sunday Average 50% 50% 20.43 lrlpsl1,000 ¢ • calculations provided by the Institute of Trensporgtlon Engineers, l g91, Table 5, Community Facility Trip Generation (Per 1,000 Sq. Ft.) fr l Dayrrims Vehicles Entering VehUss Existing Average Trip Generation Per Dwelling Unit Weekday Average Not available I Weekday: A. M. Peak Hour 58% 42% 2.61 trips/hour Weekday: P.M. Peak Hour 39% _ 61% 2.31 t6ps/hour Saturday Average 50% 50% 7.39Wps/1,000¢ Sunday Average 50% 50% 14.65 tilpsll,000 ¢ ' Calculations provided by the Instihde of Transportation Engineers, I H 1. l Table 6. Elementary School Trip Generation (Per Student) I I Dayrrlme Vehicles Entec.ng Vehicles Existing Average Trip Generation Per Dwelling Unit Weekday Average 50% 50% _ 1.091rlpslsludent Weekday: A.M. Peak Hour 60% _ 40% 0,281ripslsludenl Weekday: RM. Peak Hour 56% 44% 0.25 trlpsJsludent Saturday Average Not available • Sunday Average Not available ' Calculatlone provided by the Institute of Transportation Engineers, 1091, , f l 7~8Oil azza,„ystarrfleM 36 1 , A , aetsrae , O f Planning and Zoning Commission Minutes Seplember9, 1998 ATTACHMENT 4 Page 7 of 44 i first question pertaining to trees on the telta-part of the zoning case Involved Identifying all the trees on the let. There was one significant tree that registered as a Monarch tree. That tree is being saved and is part of the landscape plan required for the PD which now exists for the property. Overall, I believe there's something like 84 trees that will be on this property after It Is developed. Mr. Rishel: Thank you, Mr. Reed. Commissioner Engelbrecht. Other questions for Mr, Reed? Do you have any other comments? All right. Thank you, At this time, Is the petitioner or petitioner's representative present? Yes, sir, would you like to make any comments? Okay. All right. Would just like to note that the petitioner did not wish to make any comments. Is there anyone present who would like to speak in favor of this petition? Anyone present who would like to speak In favor of this petition? Anyone present who would like to speak In opposition to the petition? Arryone present who would like to speak in opposition to the petition? That being the case, Itie public hearing Is clcsed Mr. Reed, any final comments and staff recommendation, please. Mr. Reed. No further comments. Staff does recommend approval of the reptat, i Commissioner Engelbrecht. Commissioner, any final queslions for staff, comments, or a motion. Mr. Rishel: I'm not quite sure, Mr. Reed, I understand what the variance part of this petition Is. Could you explain the variance? Mr. Reed. Yes, The variance that was carried through with the zoning so that the zoning could be approved Involved reducing the right-of-way dedication along Eagle Drive. At present, Eagle Drive is classified as a primary arterial, As such, it requires s 50-foot dedication from the center of the road out. The spplicent requesled o 40dool dedication due to Its site location and constraints of the structure, Engineering, David Salmon, acommended approval of that and [hat was approved by City Council. Mr. Rishel. Thar6 you, sir. Mr. Reed: You'(e welcome Commissioner Engelbrecht: Any other questions, comments, or a motion? Mr Powell. Mr. Chairman, I would move to approve the preliminary plat ono the final plat of lots 1.2, Block A of the Mozart Square Addition being a replal of Lots 1-4, Block A of the J S. Williams Addillon. Ms, Gould,e. Second. Commissioner Ergelbrecht We have a motion and second to oppr,v, , Any discussion on the motion? All In favor, please raise your right hand, Motion carries unanimously. tr - u) PUBLIC HEARINGS -ZONING 8. Hold a public hearing and consider making a recommendation to the City Council concendng a request to rezone 15,088 acres from Agricultural (A) to Planned Development 132 (PD 132), amend the approved concept plan for Planned Development 132 (PD U2) zoning district, and approve a detailed plan. The l proposed concept plan Includes a combination of single-family, multi-family, community facility, school, general retail, end open space (parks) land uses on 428 acres; the detailed plan provides for five hundred and six (506) single-family lots on 138 acres located In the southern portion of the zoning district. The entire zoning district extends north from Shady Shores Road just north of 1.35 Ent and to the east of Swisher Road. (Z-98-011 and Z•98.03f, The Preserve, Wayne Reed) Commissioner Engelbrecht: Ilem R8 this evening Is to hold a public hearing end cor lder making a recommendation . to the City Council concerning a request to rezone 15.088 at-is tram Agricultural to Planned Development 132, 0 • amend the approved concept plan for Planned Development 132 zoning distrlcl, and approve a detailed plan, The proposed concept plan includes a combination of single-family, multi-family, community fadlity, 90001, general retail, and ope i space or parks land uses on 428 screr, the detailed plan provides for five hundred and six single. family lots on 138 acres localed in the southern portion of the zoning district, The entire zoning district extends north 37, , y r I~ 32XIO =MAL r , 0 rsnras , . o y, seeress Planning and Zoning Commisslon kAiriulee September 9, 1998 Page 6 of 44 from Shady Shores Road just north of 1-35 East and to the east of Swisher Road. At this time, I'll open the public hearing, and Mr. Read is going to provide the staff presentation this evening. Mr. Wayne Reed presented the staff report Mr. Reed. Thank you again, Mr. Chairman. Tonight, we're considering a three-fold case. The first involves, fret and foremost, the rezoning of 15.088 acres from agricultural to PD-132. Once we resolve that issue, then we have a concept plan for an existing PD, PD-132 which at present consists of 414 acres (more or less) sod has a mixed use of single-family, multi-family, neighborhood services, general retail, school, and open space. The last Issue Is a detailed plan for PD-132 for a portion, more or lose, in the south part or the district. The existing PD also has an approved detailed plan for single-family development. I'll make a comparison of the proposed and the present concept plan-the proposed and present detailed plan. When I say 'present,' I co mean approved. With that In mind, I'll proceed Commissioner Engelbrecht: let me Interrupt just a moment, if t might Mr. Raed: Yes, Commissioner Engelbrecht. The rezoning-so basically, that handles this as three public hearings because H the ' rezoning doesn't pass, then the concept plan cannot go fonvaQ Correa? I& Reed Correct Commissioner Engelbfechh Okay. Commissioners, any problems with that? Okay. So, baslesIly, we'9 Jusl have a rezoning at this point, FLO item to hold a publichearing and thenwe'II staAOVer again with Ne concept plan. Mr. PowelL Fine with me. Commissioner Enge!brechL Okay. Go ahead, Mr, Reed. All right. Thank you. At present, we're considering the rezoning of 15.488 acres. That property Is located, as the location map demonstrates. Just to the east of Edwards Road at the intersection with Swisher Road On July 22 of this year, Gty Council approved th_ annexation of this propety end zoned the property agricultural The petitioner has requested it this be rezoned to PD-132. The request is consistent with our 1988 Denton Cevelopment Plan, consistent with the policies of the 1998 Denton Plan policies. The property Is located In a low- intensity area as defined by our present Comprehensive Plan. As such development, H should not exceed 60 trips per acre. The request here would be to rezone Has PD-132, and more specifically, to allow town homes as the land j use on !his property. In staffs report, enclosure 16 which Is page 25, demonstrates that condominiums and town homes generate, on average, 6.86 trips per day. It's one of the lowest single-family trip generations, If not the lowest, cut or so possible single-family dwellings, Back In the staffs report under Special Information and Transportation, I outlined how town homes at 6.86 trips per day-the proposal is for a maximum of 106 loom homes-that would be 621 trips At 60 trips per acre on 15 acres, that would rouph!y equal 900 trips; so, this Is consistent with the trip Intensity of the Denton Development Plan, I would entertain any questions at this time for this rezoning. n ' Commissioner Engelbrechl: Commissioners? Mr. Powell. Sir I thinx you'vo explained this, but I want to double check. We're only talking about, at this stage of Ne game, rezoning the 15 CBS-acre section? We're not talking about the rest of this at all at this time. Mc Reed. No; we're not. I Mr. Powell: Thank you. Now I have that clear. Thank you. Commissioner Engelbrecht: Any questions for staff at this time? I had one, but H has to do with the-where did you derive the trip generation figures for difierenl sizes of single-family residences. Is H on bore? <D Mr. Reed. Staff uses the authority on trip ,o-eration; Nafa the Institute of Transportation Engineers. This entity conducts studies across the nation. Over the past few decades, they have performed these studies using a certain procedure which Is consistent, and they do not differentiate between SFS Slot size and an SF 10 lot size. In general, 38. s - - - ,'R a 25 K 10 32 x lip IO { e ~I o e b j Planning and Zoning Commission Minutes September 9, 1908 Pag e 9 of 44 a single-family home does generate 9.55 trips per acre. Studies show that time and lime again. So staff does not, as for as single-family homes, show a differentiation there. With town homes and condominiums, the ITE (Institute of Transportation Engineers) does demonstrate Ihat this type of single-family development generates a lower Irip generation per unit. Commissioner Engelbrecht Okay. Fine. Thank you. Ms. Gourdie: I Just have one question. I just want to clarify. On page 21, there a circle 13 schoollpark. What exacily does that mean? t mean, this Isn't relevant to this exact part of the case, I'm just curious about where they put multifamily or town homes In. Mr. Reed. You said on page 137 Ms. Gourdie. Pape 21. Mc Reed. Thank you On page 21, the"existing concept plan provides for a site, which to referred to as tract 13 for a school and a park. Ms. Gourdie. Okay. Mr. Reed. Part of It would be park. Part or it would be school. Ms. Gourdie. So the land Is, has been dedicated, or will be dedicated to the school system If necessary? Mr. Reed. The existing concept plan-no dedication took plats since, at the concept plan stage, no dedication occurs. Dedcallon would occur after a detailed plan is approved and platting takes place-al platting. Ms. Gourdie. Right. I guess I used the wrong ward. It's going to be. For plat Intents, this Is what the objective Is, Mr. Reed: Yes Ms Gcurdee Okay. Thank you 1 Commissioner Engelbrechl Any other questions for staff? Thank you, Me, Reed. Is the petitioner or petitioner's representative present? Yes, air. Please come forward If you'd like to make any statements, If you would give us your name and buoiiir•ess address for the record. And if you woutdjust please address the rezoning aphis time. Mr. Wlson Certain z My name is John Wilson. I'm with Urban Resource Group, 12266 Coil Road. Dallas, Texas Marc Footlk Is with Taraland II, the developer. First of all, I apologize, Our presentation may be a tittle bit disjointed because we were planning to do a complete-from the very beginning, but I'll try to address the rezoning for this one piece first CommissionerEngelbrecht Okay. ' Me Wilson And when we come back up, we II come back up and start again. As we wuggesled-let's see If I can get this-this piece of property, the 15.08 acres, Is represented on this map here, This piece of property was purchased offer the orlg nal purchase of the larid, and tit was in the ETJ and has been annexed, as you know, The l S intent-this piece of property was strategically placed for a couple of reasons. Primarily, you'll see the addition of e roam thoroughfare which connects back through into the city Thank you, Marc That's on aerial photo here to Edwards Road In this local 3n; we'll see the link and 35. Again, this property connects the main properly back Into the city, and it Is fairly narrow as you can see, It also does back up to various number of land uses-resldental, eta The Intent Is that the original zoning had some multi-family or town house type of units In it, This is consistent with that some zoning with the original petition. We've relocated those units to this location. The theory there Is k fits the depth of the land and the width, end It minimizes Impact on the adjacent properties allowing us to have consistent screening both on the north edge and the south edge The roadway will come generally along the south edge of the properly, and there'll be extensive landsceping end screening on that edge. On the north perimeter, we would again have a common landscape buffer to the properties on the north. Out It Is, sgaln, conststenl with the use that was In k the original zoning. It also Is an effort to meet the Donlon plan's diversity of housing, different housing types and rya units, I'll be very happy to answer any questions at this point, 39. r , ~ K r JARMAN r O Planning and Zoning Commission Minutes Seplemberg, 1098 Page 10 of 44 Commissioner Engelbrecht. Commissioners? Questions? Think not, Thank you, sir. Is there anyone present who woul-' like to speak in favor of this petition? Anyone present who would like to speak in favor of the petition-In this case as It relates to the rezoning, Yes, air. If you could come down and, so we could get It recorded. We need you on the microphone. Your name and address, please. , Mr. Mason: My name Is Zack E. Mason and I live at 8188 Swisher Road. A trust that was set up for my children owned the 45 acres on the southwest corner of Edwards Road and Swisher Road, My question for yell or maybe the Planning Commissio is-are you going to require a sign;ficant upgrade on Edwards Road and Swisher Road if this is approved? That's all I'd tike to know. Commissioner Engelbrecht; H.- ii, you talked to staff at all about this before this evening? Mr. Mason: I talked to staff about the closing of Rwtsher Road it Pockrusl ipe but not about this... Commissioner Engelbrechl. But not about the upgrade. Mr Mason: .upgrade of Edwards Road for this development. Commissioner Engelbrechl Okay. We will ask eta" to address that question momentarily. Mr. Mason: Thank you. Commissioner Engelbrechl, Thank you. Before we ask staff, Is there anyone else who would like to speak In favor of this petition? Anyone else who would like to speak in favor of the petition as 11 states to rezoning? In that case, Is there anyone who would like to speak In opposition to the petition? Anyone who would like to speak in opposition to the petillon as it relates to rezoning? Since there was no opposition, we'll waive the petitioner's rebuttal. At this point, file public hearing Is closed with regard to rezoning, Mr. Reed, any staff remarks and If you would please address the question of upgrading the roadway. Mr Reed. I'd first like to allow David Salmon to address the citir a~ s question. Commissioner Engelbrechl; Okay You're going to have "im do It? Okay. That's fine. Mr. Salmon, k you would give us your name and your position here for the audience so that they know. Mr. Saimon Okay. I'm Dave Salmon, Engineering Administrator for the Engineering and Transportation Department At this point I . lime, The applicants have not sutmitted a full traffic Impact analysis, to we haven't- which is very typical with zoning r tven'I formulated exactly what Improvements are going to be required to make especially in terms of off-site road connections. I can tell you at this point that they are plan. nv to upgrade Edwards Road between Lakeview Boulevard to the end of their development, or to the western boundary of their development, which would come out to Swisher Road. So from Swisher Road Into Lakeview Boulevard, they will have to rebuild all the way through here The applicants have applied for a variance of perimeter paving of Swisher Road and PockruslPaige Road, which is not being considered this evening, I think we're going to withhold consideration of that until we get The zoning taken care of and maybe get a little bit closer to doing some platting because there ere some extraneous issues that need to be resolved before staff can really formulate response to that variance application. There wlit be some Improvement to PockrusMalpe Road and Swisher Road along the perimeter of the development, As to what extent that might be, we can't tell you at this point. Again, some of that O will be somewhat dependent on their final traffic Impact analysis that they're going to be required to submit before They submit a plat donument Commissioner Engelbrechl Any questions for Mr. Salmon? Okay. Thank you. And I might just soy, Mr. Mason, If you would talk to Mr. Salmon here this evening, he can give you a little further detail on that; and beyond that. I would ask Mr. Salmon if he would gat Mr. Mason's address and number and please let him know where that variance situation Is-and so he might be Informed that we wN be having a public hearing with regard to that issue, . Mr. Mason. I was talking about the existing Edwards Road, not the proposed Edwards Road-the existing one. , Commissioner Engelbrechl. Rlght and he was-basically I believe, I don't want to put words In your mouth, Mr. Salmon, but you were saying that you're going to have to do a traffic study. You're going to wait to sea precisely ~oj what's going to be put on that facility. They're going to bring you numbers end then you will do a traffic study to better know what Improvements era going to be required. If you will keep in touch with him, Mr. Mason, as he gets 40. ~,,..v 7. i cy 32 X I II b te.ana 0 , Planning and Zoning Commission Minutes September 9, 1998 Page It of 44 more Information, then he can give you more Information with regard to precisely what they want to do. And with regard to the variance, he will let you know when that's coming so that you an review N and H you want to come down here, please do to All right? All right. Mr. Reed, any other final remarks and a staff recommendation. Mr. Reed. Yes. In reference to just this 15 acres beususe N Is surrounded by the ETJ, no adjacent property owners were notified except for the property owner to the east who is one and the same of the owner of the land, Staff recommends approval of the rezoning of this 15 acres from agricultural to PD-132. Commissioner EngelbrechL Any questions of staff, Commissioners? Ms. Gourd;: I just thought of something-Mr. Mason's question about Edwards Road, the eAsting road. Are people going to be using, as I lock at this map, is that going to be a way people are going to be getting In end out of there? I'mjust- . Mr. Reed. Because access will be allowed as the concept plan demonstrates to Edwards Road through the collector street that Is shown connecting up to Swisher Road there, people will just-by the transportation Improvements there-have access to Edwards Road and be allowed to go there. Ms. Gourdie: But the only improvements will be right where this, this tract Is where N meets Edwards Road at Swisher. Mr. Reed I don't believe that's what Mr. Salmon was Indicating. It will depend on a traffic analysis study, which will then Inform him as to what off-site Improvements would be necessary. Ms Gourdie: I guess I've never seen a development having to go outside of their property to develop a road in open area. I guess I'm confused because that doesn't make any sensate me. Ma. Apple: Hills of Argyle. Mr. Salmon: We do require off•sile road improvements In large developments, but N's a little bit difficult to formulate what degree of Improvement we're going to have to make without having the traffic impact analysis. We do know al this point that they're going to generate enough trait to build a four-lane, divided road for Lakeview Boulevard. I would Imagine that the bulk of their traffic will probably use that road. Obviously, some people who live In the development will use Edwards Road to come In and out of town, and the traffic Impact analysts should tell us epprcximalely what proporton 0those peoptewill be using that. Ms. Gourdie: I go over by Edwards Road but where-lust curious-on this map here, what part of Denton Is this? I mean, what's right here? Whal are they going to be bypassing to get to Edwards Road? Mr. Salmon, Edwards Road runs In an easNest direction, and it sort of runs adjacent to the City landfill. If you're familiar with Pecan Creek.. Ms Gourdie Right. Mr, Salmon: ..Mobile Home Pak, ilwreps around the north end of Pecan Creek Mobile Home Park and then along the easlern boundary... Ms. Gourdie, Right. Mr. Salmon: end then turns back toward the east going back out toward Swisher Road. 1 Ms. Gourdie, Okay. Mr. Salmon So, it's sort of a Ms, Gourdie: Right, i was just wondering what all of these people would be driving by. ' i i y Mr. Salmom It comes out on Mayhill Road. Cr7~+ Ms. Gourdie: Okay. Thank you. ~f I 41. 2.5 K T7 10 32X 1 o Y' 1 r A • Y S • 1 Ixa['le~p Planning and Zoning Commission Minutes I Sep*nbe.,1998 Page 12 of 44 Commissioner Engelbrecht: Are there questions for staff. Mr, Moreno: Yes, for Mr. Reed. Mr. Reed: Yes. Mr. Moreno: Did you say, In regards to neighborhood Involvement, did you say that only one property owner was notified? Is that what Iheard? Mr, Reed. Yes. That Is correct since our..., I . Mr. Moreno: And why? I didn't understand why. ' Mr. Reed Our zoning ordinance requires notification to property owners within 200 feet who are within the city limits, For [hose who are outside of our city limits, Including our ETJ, notification within the newspaper per our legal nonce h adequate notification. And that's consistent with State law. That's a minimum for State law and therefore m;nimum. Mr. Moreno: Were there any neighborhood meetings held that you know of? Mr, Reed: Yes. There have been, Mr, Moreno There h4 ve been. Okay. n Mr. Reed: What I'd like to-I'II point out the number of nelghborhood meetings. The applicant has had four neighborhood meetings, of which one has been with City siaff. The first neighborhood meeting was June 23rd; the second one July 7th; the third July 301h. They varied In audience and numbers. The applicant, I believe, would be betinr Informed to discuss the scope of those. However, on August 19th, Cit, staff facilitated a neighborhood meeting at the Denton South Public Library at which we had over 40 people stiend. Nobody expressed opposition. They had concerns They wanted addressed. The developer has made reasonable efforts to address those concerns Mr. Moreno All right, sir. Thank you. Commissioner Engetbrecht: Mr, Powell, did you have a question? Mr. Pov+ell, A comment--maybe it would be helpful to Mr. Mason, and Mr. Salmon; 0I'm stepping over bounds here where I shouldn't go, tell me. But It would appear to me [hat this is not the time for us to be concerned about the road Improvements. That should come at the platting process. That's how I normally see It come and I don't mean to say that Mr. Mason shouldn't be concerned. What I'm saying is this Is a zoning situation tonight and those road end sewer Improvements, or whatever they are, will come sutomelicany et the platting process. Now, Mr. Salmon, If I'm wrong, please say so. But I'm just trying to help Mr. Mason understand the process and It's not finished tonight by any means. There's is long way to go before they can get a building permit, and during that process, they're going to have to do whatever the City staff and this board recommends be done about that road. Hopefully that helps. Mr. Mason: I dust wondered if we, at some time In the future, w.11 have a chance to voice our objec[ions Mr. PowetL Yes, sir. Definitely. Commissioner Engel brecht Any otter questions for Mr. Reed? I'm sorry, ma'am, Wive closed the public hearing. If you'd like to ask him a private question, that's fine on the side; I we've already closed the public hearing Commissloners, any other questions for staff? That being the case, any comments or a motion with regard to the r zoning of the 15 acres Ms Apple I'd like to move to rezone 15.088 acres from agricultural to planned development. Ms. Gamer: Second. Commissloner Engelbrecht, It's been moved and seconded to approve-I mighl ask stall one question. Do we need l to put the-is pad of the motion the planned development number? P0.... t 42. a.kIr, 25 1J 32x10 Oil` i e C Planni,,igand ZoningCommissionMiriutes Septornberg, 1998 Page 13 0144 i Mr, Reed: Yes. Ms. Appl1 Let me add to that motion case number Z"1`9.011 and Z.98-037 or does that go Into the next... Mr. Reed. That would go Into the next one. Ms. Apple., part? Okay. Just Z•9a-011 then. Comrissioner Engelbrechi: The motion Is to rezone to PD-132? That's shat I was getting art referring to the actual PD number, Ms, Apple, Yes, It's to rezone 15...111 remake the motion, Regarding case number ?•S8.011, I move to rezone f 15.088 acres from agricultural to Planned Development 132. Ms, Ganzer. Second, Commissioner Engelbrechk Second on that? It's been moved and sr,conded to approve, Any discussion on the motion? All in favor, raise your right hand. Motion carries unanimously (7 - 0) That leads us, then, to the second element of this particular public hearing, which Is to amend the approved concept plan of PD-132. Mr. Reed. Mr, Wayne Reed presented the staff repot Mr Reed: Thank y: u, Commissioner. W th the location Identified with the rezoni tg of the last case, I'll move now to discussing the detaihr of the concept plans, What I have on the o whead, or on the projection camera here, is the approved concept plan for Souttl on the left side and the proposed concept plan for the Preserve on the right, The existing concept plan consists of, in yellow here, single family; then bright orange, mulli-family In two locations, then a dark purple, neighborhood services and general retail-the general retail being on twelve acres; the neighborhood services consisting of six acres backing up the multi-family. Cumulative total is 16 acres as well. There Is a site re,erved for schoovpark as well an 18-acre site solely dedicated for a park, or designated for a park and a very small tract of 3 acres for a community facility. The proposed concept plan rrces not change the Included land uses but does juggle the acreage for each of them and adjusts the lot sizes within the single family. So with that. then, I'll proceed Wdh the proposed plan, there are 1,654 single-family units proposed, and that number reflects also the number that Is In the detailed plan, not to go there right now but to demonstrate that track the, total amount on lrsct A, B. and G reflect the lots which are on the detailed plans So, my figure of 1,654 comes from the lots on the detailed plans plus the proposed maximum number of lots for the temainderof the total dlstrid That total is 1.654 Excr se my long story there. The original zoning, on the other hand, has 1,645 tots, The difference Is 9 single-family lots Within the single-family areas, the existing concept plan has two tut sizes--single-family 7 and single family 10 The concept plan has a maximum of 861 units and a maximum number of almost 300 single- family 10 units, or excuse me, tots, The proposed concept plan has a wide range of lot sizes going from 4,11 square feet to 10,000 square feel. The 4,000-square-fool lots are located on tract M. The 5,500-squaredoot lots are loaaled on tract N and tract A, The 7,000-square-foot lots are located on tract G, H and I. So, the single family 7 Is Iowa ed in the center. Single-family 10 Is located on tract B, O and P. So, the predominant omounl of the acreage is in the b:-:k with single-family 10 with o smatl amount, actually 22 lots within tract 8 . So, View Is s wide range of sirgte family here. It only Increases the total lots, as i said earlier, by 9. The existing conce pt plan allows for 400 rnulli Jdmlly units spread over 2 parcels, each being 8 acres, The proposed concept plan shows one tract for multi- family bcaled on the fiont end of the district. Both of them have a maximum unit cepecity of 00 Town homes ere included in both. In the existing conce d plan, town homes ere locrled on tract 1. Excuse me, cluster homes are loraled on tract 2 on the very back of ins district The proposed concept plan locates own homes on the tract L. which was the subje6 of the rezoning we just heard. The community facility, moving on from single-family now to the other land uses, the existing concept plan has a 3-aus community facility end staff would like to note a e2,272- square-tool maximum building area. The proposed concept plan substantially increases the tend area and square foolags for a community facility. The land area is almost 12 sues; again the previous one had a 3-sera site. The square foolage Increases to just under 140,000 square reel. That's roughly 260;1 of the original. General retail- Q the exisling concept plan has a substantial amount of acreage dedicated to general retail, tract 8. The total square ti footage Is just under 210,000 square feet Along with that there are two neighborhood service land uses allowed Oyu Those two combined allow another 65,000 square feet. The proposed reduces the general retail acreage and sgty o luu'..,ge. The Iota] general retail acreage is 6 24 acres and a maximum of !7,120 square feet, That's based i 43. r s 4' WX w~va t : r! Wail" ~ti J ~l " t_J 32x N%KmsmL~ IS %A- N%&MIK~ , ® I > C Planning and Zoning Commission Minutes Se itember9, 1990 Page 1 s of 44 upon a 40%. FAR (floor-to-area ratio) which Is consistent with what general retail would be In our straight zone district. The school site-the existing concept plans proposes a school eke on tract 13, which Is 19 aaes. Staff would like to point out that If the good plain was drawn on the concept plan, a large portion of this tract would be in the flood plain. Even though It is a large 19-acre tract, within our floodplain8loodway, a structure cannot be built. So this site aally, as far as usable area, is substantially less than 19 acres, The proposed schoollpark site on the Preserve concept plan relocates th.: school site and proposes 15.18 acres, none of which Is within the floodplain. The Preserve area Is substantially increased-07 acres on the proposed one on the previous only 18 acres was dedicated for park. So, there Is a comparison of the existing land uses allowed In PD-132; the proposed land uses for the Preserve concept. Staff would like to point out that both or them are consistent with our Denton Development Plan, but most notably part or the ODP talks about trip generation. Under the Special Information section of staffs report, staff provides detailed trip generation number for the combined vehicular use of all these different land uses, j If you were to look at the bottom fell, or excuse me, bottom right square of Table 1. The Preserve Concept Plan Trip Generation Calculation. Mr. Bul Is that page 57 Are you talking about page 54 r Mr. Reed, Page 5. The Preserve has a trip generation that is 23% below allowed trlps. Of course, all of you are becoming more and more familiar with what we mean by that. Low intensity areas are allowed 60 trips per acre Twenty-three percent below its allowed trip generation Is nearly 8,000 trips less if you go to Table 2 on page S. the Southvlew concept plan is actually 6% above allowed trips The reason being is, as f outlined previously, the general retail acreage and square footage Is drastically more and that Is where, if you look on the table, you can see e greater number or trips that would potentially be generated by those land uses. The Preserve, by reducing non• residential acreage and square footage, substantially decreases its trip generation figures, The site-the difference between the two also is the present concept plan has a sliver to the south end for r ghFOf-way end, as part of the detailed plan which we'll get 10 at the next public hearing, Is the single allowed uses for right-of-way or for road. Of course, we have removed that with the Preserve's concept plan and added the 15 acres. Outside of that, the boundaries are identical. At this time, 1'11 talk about public notification. I'd like to pass out some responses that the ' staff received today. The responses that are being handed out are from property owners to the south. They own more or less, actua^y they own all of" properties south of the Preserve, or PD•132, excuse me, running from the west edge along the curb down to what is Shady Shores Road and from the south boundary minus the 100 feel for rails-lo-trails corridor all the way down to Shady Shores Road. Since they are within 200 feel, they have filed opposition through their written response here to this zoning request, I do believe the applicant will have more to say about that. Unless you have any quest'wns about (heir upposltion, I'it move on, Commissioner Engelbrecht, We may come back to that, given that everyone hasn't read these yet. Go ahead. IN Recd, Staffs report on outlying existing utilities-services will have to be upgraded and lines exienled to service this development as would be the case with the current concept plan and development. Of Interest Is just within the past two weeks I've met with the Fire Chief or the Lake Cities Fire Department and City of Denton's Fire Departinenl to discuss an Interdocal government agreement between the two fire departments to provide fire response to the Preserve as it Is developed. At present, the closest Denton Fire Department Is located on Teasley Lane. Response tin + would range between 10 to 12 minutes as 1 was Informed through our ORC conversations However, lake Cities I Ire Deparlment, specifically Shady Shores city government, has secured In their CIP funding ^ for a new fill sla ion just one mile south of the Preserve down I-35E. An Inter-local agreement would allow this fire station, w1 rich is located in Shady Shores which Is operated by the lake Cities Fire Department, N would allow them to respond to the Preserve in under 5 minutes and that would be a substantial improvement in fire response or emergency response. If you're vrnndering, In exchange, Denton's going to respond more to Oakmont and Corinth which the lake Cities Fie Department also responds to. The proposed concept plan, as I've already discussed, increases the open space to enough has been said about that. The zoning history of this property is well documented. In '69, the concept plan was approved and previously In '68 a concept plan was approved which was slrnpty altered In'89, Previous to that in '84, two previous PDs were approved fora portion of the total area. One was for a manufactured housing subdivision end the other was for single-family 1 and eslate Iola Previous to that, the subject was annexed In 1984 end 1900. At this lime, I will entertain any questions. Commissioner Engelbrecl,t Commissioners, questions for ataftl O 44. , 'rj1`` v l t J ■ .a f_ X L.J -r I ►ions, • a ' I l I Planning and Zoning Commission Min-ulas j I s eple tuber g,1998 Page 15 of 44 I Mr, Rlshel: Yes. Mr. Reed, regarding the school property or potential school property on this mile, Is there a general j sizing that schools look fort When we talk about 15 acres or whatever else, what is the recommended Size or l school property? Mr. Reed: I'd love to elaborate on that and I could but very, very brief. Todd Parton, who Is the planner for the school district, is here tonight. I think It might be best 0 he not only answers your question but maybe expands upon that and glues you more Insight Into the schoore workingwith the developer. I Mr, Parton: Chair and members of the Commisslon, we have been In contact with the developer. We've been having some ongoing discusslons with them and the school district is interested In the mile that they have (inaudible) reserved In this concept plan. What we look for In a typical elementary school site Is a minimum or maximum of i , 15 acres-something In that range, 12 to 15 depending on topography. This particular site does eontoln approximately 15 acres as we see on the plan. Again, we are looking at that. We look to construct an elementary school, excuse me, to accommodate a maximum capacity of about 650 elementary students. Ms. Apple: I would think you would be more in favor of the proposed plan than the already approved plan since you'd be out of the Ooodplaln. J Mr. Parton: Yes; that's a definite advantage In this sttuation. Commissioner Engelbrecht: Othr,r questions for Mr. P rlon? Mr. Moreno Question. Commissioner Engelbrocht: Yes. Mr. Moreno: Excuse me. What was your name again, sir? Okay. Of course, I think Ill's very commendable that land for a school has been at least earmarked, but just a question, 01 may. How would children from areas a and C get l to the school with the Preserve in the middle there? Are they going to be permitted to walk to school, or are they I going to have to rind a roadway to gel there? What's the thinking there? j Mr. Parton: In terms of transporting students, of course, we do have certain areas that are designated Is walk zones. Basically, If you lake a radial spacing within a two-mile area would be designated as a walk zone. Children that may not be entitled to busing or transportation services, al that point they have altemotive methods to get to the school tile. :n those particular situations, I believe part of the concept, end again probably the developer would be f better able I., answor the question than I, but part of this there will be some trills and sidewalk connections that will I be able to allow These areas to connect back to the rile up there In certain Instances, the school district does have an opportunity to provide 'hazard' transportation where you have mayor thoroughfares for chiidr.n to try to crass. We do provide busing and transportrtion servkes in those Instances. Mr. Moreno, Okay. I guess what struck me was the, that the Preserve, or there is an area all the Preserve that separates the schoollpark area from some of the residential areas. I was wondering how the kids-were the kids going to have to go through a preserve to gel to school Is my question. f r Mr. Parton. You're referring to the greenbelt spaao Mr. Moreno: I'm refsning to areas E and F as preserve areas that children are golnp to have to nepotists In some , fashion to gel to sch toI ! j Mr. PE ad Commissoner Moreno, If you'd filce, the appllcantwould As to clarify maybe how [hey might..., Mr Moreno. I think I'd like to just-yes, hear that. Commisstoner Engetbrecht, Why don't we just, let's just, we could hold back until his presentellon. He'A be up. Mr Moreno: Okay. All rigid. 0 sY~ Commisstoner Engelbrocht: Any other questions for Mr. Reed? I wonder If you might, please, again, simply point out the current roadways end you might even mark them with that pencri and then any changes that are proposed. 45. s 25 x 10 32X IO -aft"ME LEM 0 , a Plan ning and Zoning Commisslon Minutes Seplemberg,1998 Page 18 of 44 i Mr. Reed The existing roadways on the concept plan compared to the proposed? Commissioner Engelbrecht: Please. Mr. Reed: instead of marring, I'll..,, Commissioner Engelbrecht; Yes. Mr, Reed. I'll simply point. The similarity between the two plans Is the primary arterial that runs north to south through this development referred loss Lakeview Boulevard on both, Commissioner Engelbrecht. Yes. I don't care about the old one. If you would Justuse the new one. Mr. Reed: Sure, Commissioner Engelbrecht: Just in terms of what do we have out there now and what do [hey want to do, what changes are we making, Mr. Reed, The changes would be a collector street running off of Lakeview Boulevard to Swisher Road Edwards l Road would be right there at that intersection. A second collector street would run to the east side of the pAmary arterial to the east side boundary between I and H and would link up at some point In the future when this road and the city of Shady Shores Is developed. The present concept plan is similar In that regard with a ooliedor street running from the east side of Lakeview Boulevard to the east boundary with the city limits of Shady Shores, However, a difference has, exists right here al the intersection of PockrusMalge end Swisher Rood. The existing concept plan continues Pockrus/Polge Road to Lakeview Boulevard therefore opening up access to these two roads for the residents here. The existing plan cuts off that conOnuefion and that Is up, at present on existing road that runs at the Intersection of Swisher and Pockrus/Paige to the east and then down to the south and hooks up, if you'd now look over ei the proposed plan, with Swisher P,ood right here. This existing road would be closed with the ' Preserve. In fairness, It also is partially closed with the approved concept plan. Then the difference comes up here then. The existing concept plan bass loop. Does that answer your question, Chairman? Commissioner EngelbrechC Yes, Thank you. Other questions? Ms, Gourdie: I kind of have one. I'm curious now that we're talking about roads. Are we naming roads, the continuation of existing roads, are we going to do what wave don. In the past where we just take a new development and they get to name the roads? I'm wondering where this ewmes Into the process because we need to start addressing lhls now. I think. Mr. Reed. That would be addressed during the platling of the property, At this point, we are not concerned with road names. Road names are not part of the toning process, but the Engineering Department approves road names and ensures that there's not a conflict with existing road names Mc Donaldson. I think everybody Is settled on Lakeview Boulevard as the main arterial. Arid the real question becomes the extension of Edwards. We'll lobby very hard to have that named Edwards Road. Ms, Gourdie: Well, I Ihlnk, because ijust, w90, not like i had nothing better to do, but I was reading through a tonirg ordinance and it does elate that we are, If a road continues on, we ere required to na ne that road a continuation of S an existing road, from what i read In the ordinances that I have. So, I think we need to start sticking to our guns acco ding to our ordinance, i Mr. Donaldson. Thal's in the subdivision regulations, which is a platting Issue. 1 Ms. Gourdie Right I'm rust saying that we need to start doing that, • Mr, Donaldson. Yes. Mr, Reed, We agree. Ms. Gourdie: Okay. Thanks j , 46- J r w f tr 1, rj 2XIa e , ,awrra ~ 0 I • I Planning and Zoning Commission kAiri utes September 0. 1998 Page 17 of 44 Mr. Donafds 1: We agree. i , Ma Reed. That really falls back to helping emergency service providers find propertes more quickly. Ms,Gourdie: Okay. Thank you. , Commissioner Engelbrecht: Other questions for staff: If you would, Mr. Reed, I wonder N you might just briefly discuss at what point they would require that the rood to the east that will run Into Lakeview Boulevard, yes, at what point would that be developed? Thai's going to require a creek crossing, Is It not-o bridge] i Mr. Reed. Yes. Commissioner Engelbrecht And at what point in the development of the PD would that be required to be put in? Mr. Reed, Logically, It would be required when a delalled plan, alters delalled plan for tracts Hand I are approved to that access could be provided for those single-family homes on thoss two tracts. After a detailed plan Is approved, a developer can come back and plat the property. eefore the plat an actually be approved, however, through way agreements, development contracts have to be signed $md that addresses all public Improvements which are required II the construction of a bridge along with the construction of the road Itself is required, that Is the point al which that would be panned ouL Commissioner Engetbrecht. And If I might ask you, is H and I part of the detailed plan for this evening? Mr. Reed: No; It is not. It only involves tracts 8, A and 0. It also contains D, but that is not being detailed Cornmissloner Engelbrecht: And If you would remind me, my plans closed up back here, , 'al do we have on I end G7 , Mr. Reed, I and G or I and H? Commissioner EngetbrechL I and H, excuse me. Mr. Reed. I and H both contain $F-7, what is the equivalent of SF-7, Commissioner Engelbrecht: And I would put this to you and to Mr. Donaldson, In the event that the fell of this Preserve was developed and we wind up with two tracts of SF-7 left here, what's the probability thnl we'll ever get those developed at SF-7, If they have to build a bridge across the creek? Mr. Reed. Good question. Mr. Donaldson I don't know r Commissioner Engelbrecht: And then I would say.., n Mr Donaldson: I'm not a betting man, I guess. Commissioner Engelbrecht ...how do we ensure that brags Is constructed as part of Ws process here, That's something I don't know that you an answer now, but I think we need to watch, It's Just one of the questions, here. Mr. Powell, do you have a question. ! Mr. Powell: Thank you, no. l Commissioner Engelbrecht: Okay. 4 Mr. Powell: I had a smart remark that I'll move. 1 • Commissioner Engelbrecht: Ali right We'll put you down for one in the bank here, Other questions for staff? Okay; 0 thank you, Mr Reed. Appreciate It. I know this Is a complialed case, and there's a lot of places to N. Appreciate fl. Mr. Reed: It's my pleasure. i I 47, - ~5 K Ice 32XIO Wil e ' •:airsosese ' o planning and Zoning Cum mission Minutes September P, 1998 Page 18 o' 44 Commissioner Engelbrecht, is the petitioner or the petitioner's representative present? And if you would once again give us your name and business address and now you can gel Into the details of the entire PD. Mr, Wilson Again, my name Is John Wilson and I'm with Urban Resource Group, Dallas, Texas. With me is Marc Footlik of Taraland II developer. We can back up now and kind of start at the beginning, and I apologize. This Is a rather large case and I'll try and get through this as quick as we can, but we'd like to share with you our approach to the project, In all due respect to Wayne, I'll try not to use a lot or numbers. He went through all the numbers so I can slay away from those. But I will try and explain to you how we Came up with the plan, what the philosophy Is, and what our goals ere. I think that's as Important as the numbers at this point, Again, very quickly, you're familiar with the property It is located just to the north or 35 next to Lake Lewisville; Shady Shores Is In this area; the city of Corinth s down in this area; Denton ETJ through here; City of Denton up in here, but a lot of this land is s^1ua11y the Corps of Engineers land, I don't know how many of you are familiar with Marc Footlik as a developer, They have recently developed Bridlewood In Flower Mound and a very similar scale project; in fact, about twice as big. About 800 acres and It's been very successful The reason it's been very successful In my opinion, and I think what they will tell you, Is that It Is a community It's not simply a Subdivision, but they have built a place where families and people live es a community. And wfierli were Involved In a lot of that project also along with Goodwin and Marshall; Matt Goodwin who's silting In the audience here. We approach it not simply from an engineering planning standpoint but from a community standpoint. What Is it about this piece or land in the city or Denton, in this area that we can make a community of. Again, we start with the properly and we look as planners and engineers, not simply at density and dollars, but more at the land, Mal does the land give us that we can use to build a community? There are several things on this piece of property First or all, the tributary which bisects, runs again north to south through the properly, Is a very important element on the property. With it comes several large trees, floodplaln and a lot of character, We have, as you can see in our plan, played that up, I'll gel into a little bit more detail on that. Secondly, there are some significant trees on the property And again, those of you who have been to Bridle.vood see what we've done in terms of saving the trees, respading the trees in a tree farm, then reusing them. It's been successful For those of you who were born and raised in other parts of the country, you know that Texas has a high premium on trees end we've tried very hard to save--firs) of all, save and preserve what we can, but realistically reuse and spade In trees after the lace. I'll turn quickly here to, again, our philosophy on the design We had, again when we first looked at the property, one of the things that we talked about was Denton What is it about Denton-who lives In Denton, what kind of people live in Denton, and very quickly we were Introduced to the Denton plan. Thai obviously had major work and efforts on all your parts and many of the citizens' part and through no coincidence did we formulate our opinions of this property with some of those philosophies In mind Thcse or you that have read-have the book here-I'll vnry briefly go through the five philosophies that we've ' entertained throughout the process, First, and again what I've talked about, Initially here the use, preservation of nature as or theme, This them- we planned to minimize impact to the existing topography and vegetation. Secondly, reuse orexisling trees via spading and arborists on the project; t.se Indigenous plant materials for the new plant material we bring in so that it looks and feels like Texas, particularly Denton, Texas; and establishment of on Interpretalive theme on the trail systems-and again, using the nallve landscape. Secondly, recreation famity•biii comrrunify. We have at least three miles of trail systems for both exercise and social Interaction. M-in d,scussions. we're actually meeting with your Parks people tomorrow to talk about how we actually articulate the public hails versus private trails and public connections between parks areas That'll get detailed as we go along In the process We have the potential (inaudble), the rails-to-trails corridor right at the southern end of the projecl. What an opportunity. What an opportunity to connect up to that regionally end possibly future connections to the lake. We think this Is a rare opportunity for north Texas. Again, promotion of pedestrians and bicyclists as 0 alternatives to vehicies-if we can get the people, certainly at least within this community, to visit their neighbors on bicycles aid walking in the evening, we've really done something We're actually putting the rubber to the road to try to make the vehicle a little less In our soclely. Agaln, the creation or neighborhoods, Integration of schools still related community emenities-Wayne talked a little about our communty facility area In here. That, again, hasn't been totally detailed, but certainly we're planning on playground areas, pools, and possibly recreation centers for senlor citizens, children, etc Which brings me right Into number three, community support faci&lies, all the things la'ked about The Intent Is liral area up near our small retail center becomes a community locus. We put a high . level, a maximum articulation on the architecture and create a center for this community that all the residents are proud of and gather to rather than just a Food Lion or a 1h'aily is which, you know, the original toning would have allowed us to do those types of things. We don't feel, number one, realistically its viable, but number two that lhal'a the proper mechanism to have in this community Fourth-diversiry in neighborhoods. We explained to you that the criginat zoning had two different Crigte-family housing break downs-7,000-square-foot houses, or lots (I'm sorry) and 10.000-square-fool square fool lots, Wa'w broken that down further. We've idenlifled 4,000-square-foot lots 48. f•,) 32 x I ❑ Kamm 0 ' o Moslem Planning end Zoning Commisslon Minutes Septembor9,1996 Page 19 of 44 which are really more of am 'empty nester' type zero lot line product located up near our community center. We've also looked at 5,500-square-fool lots; and again we've located them In the areas where we will do minimum Impact on vegetation. This area in here Is one and this area up In here Is another. You'll notice when we gel to Ihe--I'll make a note-when we get to the concept plan, we have some of these draws that are actually creeks end swaies that we've tried to zone as preserve; but within the concept plan, you'll see some more draws, for Instance this one, that isn't zoned but we're, In our, excuse me, detailed plan we will actually show the lot layout that saves those. And we've, you know lost lots, but the intent Is that we save the natural vegetation, lest but not least-multi-mobtfe community. Again, poniotion of walking and biking, the pedestrian nelvvorks throughout and we've even gone on-I noticed one of our friends here on a horse rlde recently on the property. I'm not a big horse rider to I've got an education, There-it's a large enough corridor; there's a lot of opportanily for all different types of bicyclists, pedestrians, horse riders, if you will, I don't know about the motor bikes, but there's a lot of opportunity In Just--I'll turn this over to Marc very quickly here-but the last thing I'd like to leave you v,Ith Is just a taste of what we envision the community having as a character. You'il notice that the roadway, which Is again very similar to the original zoning, snakes In and out of tire creek bed. Now, cbvlously we can't go way into the floodplain; otherwise, the construction would wipe out r',re trees 'But what we're looking at doing, and we will get Into this very soon. Is articulating the roadway In and out of those trees such that we can preserve the trees end make that roadway, simply the entrance, on experience unlike any other, And I've got some photographs, and, If I can do this correctly, and again this Isn't Texas, but these are some ideas-just shots of some of flot things that we envision. Commissioner Engelbrecht. You want to zoom that in a little more? Mc Wilson , Yes. Zoom It In and I'll like you to move it around, if you would, Mr, Wilson. This Is just some ideas of guardrails and treatments along the edge. We're envisioning using swales and maybe not curbs In some areas w? ,ere il's appropriate, The possibility or, you know, again keeping the woods and using some natural wood fences. This Is a good example of the open swale, possibly even come stone-lined channels. This Is a good shot of how the topography might work down to the floodplain where we'd keep the bees and have a very natural-locking guardrail In those areas You'll see in the graphic package, perhaps this section right here, will give you the best illustrate of what we envision. A roadway that has a varying width median that works with the topography and actually saves trees In the median. We work the roadway around the trees. Now, , this Is going to be a task, but we feet that the results will be worth it, The efforts will be spent In planning and not laser on. We reed to do the homework now. But the results we think you'll all be happy with, as well as the future residents At this point, I'd like Marc Footlik to end up Mr. Foelllk. Hi-I'm Marc FoctIA, and I'm partner with the, actually would be :ailed the Preserve at Pecan Creek partners that'll be the development entity. I'd just like to say that this partnership bought the property In 1994, so we're not here zoning on an option trying to do a deal. We've owned the property for four years. Our efforts have been at Bncliewood for the past three, which Is a major project, and we're now about 50%. compteted through that, and we can start to focus our attention on our next project We only build planned communities-master planned cornmunlties That's our focus for our business, and we think we do it well. And It takes us time to do that. We spent probably a year nowjust planning how to rezone this particular property. I think Wayne did a very good job of Nghl,ghting the differences between the old PD and the new PD, and I think each of you could see that there's a lot of logic to where we've gone, where we come from locking e1 the old PD In reducing retail area, d'iverslfylog product type In resldenllal, moving the school out of the floodplain over to an area that is much more accessible to residents In the neighborhood We consoldated the multfdamUy into one area Instead of having two different areas. Wive taken the retail and consolidated It into one area, smaller and more neighborhood rather than having three parcels all over the place And we've added community faciiil4s, which were much bigger than what the old plan has-all of these real positives. We think that each of you can make your own Judgements on that, We think that the overall plan Is far superior to what the-than where we were Forlunalely-unfortunately lot us, but fortunate for you al]-In the other PD zoning you have to conform to what the PD says. You can't just go out and start, you know, building your project Any change-if I were to ask you to change the school site from the old school site to the new school site--would require a change In the PD. You can't really change anything without coming back on the plan. So, we've really taken the opportunity to really study rather than one detailed plan area and say we're going to develop Q this-now I want to change that and then yoc ag ere going to esk,'Well, what are you going to do with the rest of III We really want to show you the overall plan and that's what It's taken us a lot more br z to gel organized. We've also had extensive meetings with the staff, I mean for months and months going through lvhat Its' and if we did this and did that, how ere we Qoing to address these Issues and we've had, as Wayne said, numerous meetings with residents The unique thing about the meetings with residents Is that theta aren't many residents that are in the city I 49, y) w f 4rl ` ~ x , ) ILI 32X -0 J i I I Planning and Zoning Commission M mutes Septemberg,t998 Pape 20 of 44 of Denlon. Most of the adjoining residents are either in the ETJ or they're In Shady Shores and maybe a few In II Corinth, but mostly Shady Shored. So, most of our efforts have been meeting the people that are living adjacent to the property or will be impacted by the development of the property. In those meetings, various issues have rme out, and we've tried to address all the Issues that every particular neighbor had around the properly. They .cried from-I believe it's Hidden Valley which has an alrfield-they wanted us to put in our covenants and out deed restrictlons that there is an airgefd there so that everyone's on notice that when they buy a home that there to an allied nearby and that they can't come in and, you know, protest over an airfield and have that safety factor. So, you know, we're going to put that In our deed restriclieti The people living along Swisher Road, okay, In the neighborhoods in here, excuse me, were very concerned about the density of housing on parcel B and the character of Swisher Road. They did not want It improved; they didri t want the tree canopy removed; they didn't want curb end gutter. They want it left In more of a rural state, and, as an interesting note and this gets a little technical, but If you take 8,1 was going through my density calculations which differ from Wayne's a little bit end the reason Is that Wayne used the zoning, the detailed plan in calculation. He took the concept plan and detailed plan end added those together and since the detailed plan actually has an actual detail lots, we ended up with tau lots than what the zoning allows, Parcel 8 Is on example where I believe the zoning is SF•10, and we ended up with close to hatli 1 lots. Now, there was a, this partially was In response to the neighbors that lived In that area that have one-acre lots, r partly was In response to having, 1 think, more marketable residential area adjacent to the creek. One of the communities raised a question about how do the kids living In residential B and C get to the school, WOO, M's our intention to provide pedestrian crossings over the creek so that they can link Into hike and bike trail system. No matter where we put the school, whether it's on the old site or the new site, we'd have the sems problem. We'd have kids that have to get across Lakeview Boulevard and whatnot, to. you know, that's an Issue that we'r a going to have to eddross It's the intent, and hence the name Preserve, ahal we link a hike and bike trail system through the exisling Pecan Creek tributary creek bed and construct a tunnel from the school site underneath Lakeview Boulevard so that the kids without being In harm's way with vehicular traffic, would be able to access the hike end bike trail system, And there's another parcel right here which Is-we've acquired, which Is about 15 acres, mostly 8oodplaln which would b s, on active activity area. It'd not In the city of Donlon. It'd not shown on your concept plan. It's not part of the zoning, but we acquired that to be able to link It into the whole preserve area; so, there's ectual'y another 12 acres that is part of this whole plan that isn t shown on your plan. The-let me just see If I've coveted everything that was addressed In neighborhood concerns. Tree preservalioni believe there are some people here in the audience who will talk about that We're very big on tree preservation. I mean, we've already found at Bridlewood that that's the number-one selling Item. We thought It'd be the golf coupe, but It's not. It's trees and we can't hide that issue People drive In, they see the trees and they go, 'Wowl We want trees,' So, you know, we're going to do everything we can to save trees because that's what helps us build a community and sell a community. I've talked about the hike end bike trail system, and we're going to be meeting with tome more of the slaff Thursday. 1 here's a desire by a number of narghbort to have horse trails adjacent to the hike and bike trail system. Now, thal's a very tricky thing to do, and we actually took a ride out there on horse back to try to figure out how we could do Thal. We're going to try to make that work, You obviously can't put them right next to each other, but we think there are ways that we can link this properly that Is riot In the city actually, called the (Iraudibfe) property that we would stage It with a horse trailer staging area and then be able to park your horse trailer there, get out and access a horse trail through that properly, through the creek and out to the Army Corp land, because there ere people riding an over this area fight now. It's going to be a challenge, but were going to by to do N. ^ 'dr. Risher. Excuse me. Do you own that property now? Mr. Foook. Pardon? { Mr. Rishel Do you own that property now? Mr. Footlik: Yes • . Mr Rlshel. Thank you. 1 • Mr. Fooll'k: Those are most of the Issues that cane up with e8 the neighborhoods, and I think we've addressed Q them, and I think here ere a few people here that may have some comments on that, and they an certainly express their opinions, So with that, If you have any other questions of me and how we've approached this. I'll be happy to answer anything else, , Commissioner Engelbrecht Mr. Powell r" 50. =to x Ire 32X Ice 25 i s $Oma e o amnoom Planning and Zoning Commisslon ruinules September B, 1998 Page 21 of 44 Mr. Powell Down at the south bend of the project north or Shady Shores Road, you show a divided highway or divided street between Snady Shores Road and whit Is your properly. What provisions have been made for that to he purchaser, or is it yours, or explain thal to me-how you're going to put the road In there If it's not your properly. Mr, Footlik: The road connection from our property to Shady Shores was planned on the thoroughfare plan, and it's pan of the city's thoroughfare plan. The right-orway has been previously purchased and given by these two property owners. Mr Powell, You've explained It. Thank you very much. Commissioner Engetbrecht: Other questions, Cam nissloners, for Mr. Fooliik7 You lw.P you and Mr. Wilson both alluded to trails and walkways, but there are none of these on the detailed plan that I can find Are those on there and I missed them? Mc Footlik: The primary hike and bike trail system Is not on a plan that's being derailed right now. It's In the creek bed, and you have to understand kind of our theory here, and I hope John was able to show you some pictures, But In most neighborhoods or subdivisions, when you drive In, you see some walls and then houses behind them and there's some landscaping around them end that's the typical program. Well, we don't do the typical program, What l want you to see here is you're going to drive In and the whole right side or your view, whir In is what you see when You drive In, is either going to be a waterfall, water feature when you drive in and all green felt the whole way. You won't even know there ere homes there until you dive up and make a left-hand turn end I r i Inli a community on the left-hand side. The whole theory here Is that the road Itself is going to be skewed off ac you might come In this eiev3tion on one side and come out on this side and It might go like this. It's not going V) be straight. So, tha character is, we're trying ton lintain what is there now. If there are trees, we want to bs able to move the road around the trees, and these are some aline Issues that with staff we've been trying to work out how we're going to do all this stuff, because It's a little bit unusual. But to answer your direct question, the hike and bike trail system Is located primarily within the preserve area, Now, there's a sidewalk system and If you go back to your, what John showed you here In your little pamphlet-let's see it I get this right, there's a sidewalk up here. Now, that would be on the west side of Lakeview Boulevard and that would run all along the west side or Lakeview Boulevard; so, that's gong to be-all along here Is going to be a sidewalk. That sidewalk will link under Lakeview Boulevard M probably two points--one being the school Bile so that the kids can access the hike and bike trail system below street level. Another one would probably be up in t ere someplace. Does that answer your question about the hike and bike trails? It's rot pat of any properly we're detailing right now. Mr, Donaldson. The mechanism that we talked about using to ensure that Is that as properly is platted, we requke a sldewa!k on both sides of primary streets, We will look at that hike/bike trail as an alternative pedestrian system as part of the platting process. rornm ssioner Engelbrechl. What about the-since you reviewed this, what about the tunnel under The roadway, I mean, haw wide are we talking about for Lakeview Boulevard with median, Its, I believe.... , Mr. Donaldson, One hundred-foot rm ' Commissioner Engelbrechl, We're talking a bundled fool funnel. Mr. Foollik, Yes We did that at E'dlewood. Commissioner Engelbrechl. Okay. I just want some assurance that, personalty, that If something hopper,$ and you I guys are gone-because I was here when the last group was here, and we were absolutely sure this was going through, and alt of a sudden things changed, and they were gone. So, you know, you guys did right and they did a lot of great stuff, loo; but from the other perspective, from the perspective of the City, five want to have a plan that's going to Incorporate a tunnet, then I think it's important that we have some assurance that we're going to get a tunnel by some means, be that on the detailed plan or whatever, B seems to me. From the perspective that Pail of this may r get developed and then something may happen to you guys-you know, your company, your developer. Mr. Footlik. That's hopefully-hopefully not • I i Commissioner Engelbrechl Oh, I know; but that's what the last group hopefully said, and I col tell you I met extensively with some or those people, and it was a good plan, but you know, they're gone and 1-hopefully, you S1. { I{ iky~kyrw :1 ' 32X • o , Pie nning end Zoning Commission Minutes Seplember9,1998 Page 22 of 44 I ~ I won't be going. And I like what I see, but at the same time, I want to make sure that we get, you know, that If It's- j once It's-If It's partially underway, that we get those things: for example, a hundred-foot tunnel; the other one would be that bridge that crosses the creek. As r see k, it the rest of this Is developed and those two little segments are left, there's not such shot that that developer is ever going to-that we would get that developed that way as we required..., Mr. Footlik: We'd make some adjacent prop", owners very happy If that happens. Commissioner Engelbrecht. But we wouldn't, but we wouldn't 0 the bridge didn't get built, , Mc Footlik: If It didn't get built and that property didn't get developed, the edjacest neighbors would be thrilled. Commissioner EngelbrechL Yes; but I-my suspicion is that It would get developed without the bridge and the school district would have to move the kids around to the school. That's the way I see It, which is a little different than, you know, your perspective on it. So, again that's one of those kinds or things that I like to be sure that, you know, we have some assurance that we gel that bridge in before everything Is completed, and we're stuck with a piece of property that will develop Sli or something end then we have no.,, Mr. Footlik: I understand, Commissioner Engelbrechl:...no roadway. Mr. Footlik: You know, when we purchased the Bddlewood property, they had the come-the Town of Flower Mound-had the same concern that you all do. In fact, the property had been zoned, ifd been debated. It had gone from 2,6D. snits down 10 2,400 down to 1,600, and the Infrastructure was required up Pont. And nobody built the property out because It wasn't feasible. So, I understand what you're saying It look me two years to convince the Town of Flower Mound that we were going to build the golf course, that we would build the project and do what we ` said we would do, which we have done. Now. we haven't had @ recession or depression; and, frankly. N that's going to happen, I don't think anybody will have any money to do anyt~'ng, So, as the property develo;s, you hive to have a natural progression of how th. Infrastructure Is built, and the Bridlewood property sat for yvr is and years and years because the Town or Flower Mound required that 100% of the Infrastructure be built, because they were afraid or being left with half a developed project. And it Piet sat and sat and sat. So, the reality was they modified their position when they finally got somebody who stepped up and said they would do k, But I stepped up and said,'Ws 1 already own the property. We're not here to tell you-we're just trying to develop K.' Commissioner Engelbrecht I recognize Thal. Mr. Foolhk, We own it We own this property and fortunately bought It fort years ago for a very good price, so we have some saying power that some other people, you know, didn't have. Commissioner Engelbrecht: Thank you. I will be coming back; I will *V in the future, I'm not suggesting, by the way, that you be required to put In all Infrastructure, but I am pointing out what I think are some real concerns about some crlncal areas In this overall development which I think looks very good to me Imm that perspective. But there * are some more critical pieces there that concern me. Commissioners, other questions for Mr. Foollik: I Mr. Risher Yes, air. I heard you allude a couple of times, maybe It was John alluded to It, about Aero Valley w an airport Im,nedialely next to that. Could you show me where the airport Is In relationship to this map? Excuse me, yliddx I Palley, I believe it was. Mr Foollk: There's the airfield, and typically this Is-the residents here have hangars and hove planes that Ilya here-pilots mostly, Mr. Rlshel, Yes r Mr. roollik, And they fly In and out of here on a regular basis, to when this project here was developed, which ! p believe was In Shady Shores, the developer put In a deed r;,Uic6on-In the deed restrictions, the acknowledgement and disclosure that there was an airfield nearby and we've agreed to do the some thing, ' `G* Mr. Rishel: Ckay. Thank you. I 1 52. i 1' I x 25 1Lo 32XIO 01 e "now" ID Planning and lontng Commission Minules September9,1998 Page 23 of 44 I Mr. Bucek: Mr, Footlik, do you know how long that runway Is? Mr. Footlik: The runway? Mr. Bucek: Yes, Mr. Foollik: Is There anybody here from Hidden Valley? The Mayor of Shady Shores Is here, and she'll be happy to lalk at a later time, too. Commissioner Engelbrecht. Other questions for Mr, Foollik? I would like to just ask one more that I had forgotten about. On the concept plan, You show area J as retail, but you do have it split, R appears, through the two pieces. And then on the detailed plan, I noticed R says retail and library-and I don't want to get necessarily into the detailed plan--but you do have It split In area J and it appears to me at least on-well, Is there another plan for that? Have you talked to the City or Is that,.,, Mr. Footlik: We've had some preliminary discussions that the City would like to tee a library facility there. We're l trying to be sensitive to what they call am 'activity center' end try to congregate as many things in an activit; tenter as we can, So, up at this Intersection where the neighborhood retail is, it'd be nice to have the retail have a library across the street as the community facility, There's a lake, so that becomes sod of the central theme there of that community-the meeting point, you know, where people can congregate and see each other and talk and Interface, you know, that's-Instead of just kind of driving to your house and going home and never seeing your neighbor, That's the whole concept Is to get people out walking in the community Commissioner Eirgetbrecht. Okay Thank you. All right Is there anyone present who would Elks to speak in favor of this petition? Yes, sir, Would you come down; please and give us your name and address. Mr McClenney: Thank you. Mr. Chairman. I am Don McClenney. I live st 135 Chaparral Drive, Shady Shores. The area that I live in Is right In this area here In Chaparral Estates That Is this area right n here. We've lived there since 1985, and my wife and I represent about 27 homeowners in the Chaparral Estates •na We were also there and have been here before when R&B realty was petitioning this commisslon for their approval back several years ego; and In my opinion, there's all the difference between night and day with respect to what Ma ,C Foo81k and his group Is doing when comparing It to R68 realty, These folk have been more than sensitive to our wishes. The one key thing they have done Is they have developed trust, They have taken tme, they have answered questions. They have met with our group in our neighborhood on numerous occasions The last lime we were together, they pulled together seven people-Intruding members of their awn group, plus City of Denton traffic englneers, planning people and all of that-Just to sit around and talk, We were not rushed, and we had plenty of time to ask questions and to gel ansvers We've been pleased with the way they have worked with us and the area Shat-the things that we have isked for-we have not received everything we've asked for-but looking at the big picture, we think R's going to be an area that will greatly enhance the property values and will develop, indeed, a community as they have proposed. Thank you very much. Commissioner Engelbrecht, Mr McClenney, just a moment. Any questions, Commissioners? Thank you. Thank * you very nwch, Is there anyone else present who would like to speak in favor of Ihls petition? Your name and address for the record, please. Ms. Ostick Nancy Ostlck, 104 East Frontier, Shady Shores. I'm here on behalf of the Lake Cities Historic Tree Coalition, and thank you again for having us here. First of all, I'd like to thank the Planning Department. Mark Donaldson was kind enough to give Marc Footlik my name as someone that might be Interested In speaking With him about his devalopmenl, This was several months ago, way before, you know, R was-people would contact us So, Marc Footlik contacted me and asked if my group would like to talk to him, So, we get up a meeting. We also found that it was a tot morn general Interest In the surrounding else, so we invited everyone that we talked to that was Interested In ft-Including people from the Swisher area and Chaparral, Hidden Valley. The first meeting . was quite large--l' would say maybe 40 or $0, 60 maybe So we waited to ask questions We tot up a smaller meeting with just a couple of representatives orthe specific Interest, and this was follower' up by a meeting thalwas Q t)1 hosted by the planning staff, Way, a Reed and Mark Donaldson. We presented our concerns, and, of course for my group tree preservation Is primary. We were also very concerned about the protective measures (inaudible) of our new tree and landscape ordinance. This Is going to be a good trial run for R. Another thing we were concerned { at out-John Cooper had recommended a book to me tatted Conservation Design, and It's got a lot of good design pr,nciples that are based on using oren spaces and natural spaces In conjunction with building John Wilson j l 53, I~Ig a1 ~ ..-.a r1 1 r?:q~f 2 h x l.J 3G X 1 0 I I D aaal= o • 1 lase Planning and Zoning CommissionK utes Septemberg,1998 Fage24of44 happens to have used this book and has used these principles in this particular development. The other thing we were concerned about was the preservation of the riparian area of the creek, which Is basically for storm water runoff. It's the wild areas alongside the creek. When the water runs through, these are essential to the environment, so that was also a concern, I must say that these are she most-Marc Footlik and his group are the most sincere and genuine people that I've ever dealt with. It was-it's kind of surprising, You know, you keep waiting for something to hsppen, but It never did. There was an article that was presented. I don't know if wave real that development plan to preserve, and I just wondered. They never laid us they were going to cut three-fourths of the trees down an lots, So, some of [hat was misinformation. Denton has been looking for a developer who will be rrn example, who will give a good example of how things can be done In conjunction with environment; and I lhL,k Marc Footlik and his group are the ones to do it. Anything that we've asked-he said they went on a horseback ride. We said, 'Well, would you like to see the area by horseback, because I think you get a better feel or what the nature area Is' And they're not big riders, but they went along with that. I ri they were excellent, I didn't mean that, Especially John. It was crazy, They were, l mean, can you Imagine going am a three-hour horseback ride when you haven't ridden in a long time. I was sore myself. I don't ride that often. Anyway, they knew the land from the overhead view better than I did, and I walk back there all the time, I'm most Impressed with the group, and I'm looking forward to seeing all the good things they can do and the good things they can bring to Denton. T hank you. Commissioner Engelbrecht. Commissiorars, any questions? Thank you. la there anyone Else present who would like to speak In favor of [his petition? Anyone else who would like to speak In favor of this petition? Tn3t being the case, Is there anyone present who would like to speak In opposition to the petition? Mr. or Mrs. Mason? Mr. Mason: As I mentioned before, my name Is Zack E. Mason end I live at 618B Swisher Road. And wa setup s trust for our children, And we own the 45 acres et the southwest corner of Edwards Roal and Swlsz,sr Road. I am here to voice the trust objection and my objection to the closing or Swisher Road at its Intersection at PockruslPaige, Five days a week, 1 travel down Swisher Road, and it makes a jog to the left on PockrusrPaige and reconnects with Swisher Road to get to Shady Shores. So, I can make my daily trip to Richardson on 1.35, and In the evening I ` return and exit at the Corinth exit at 460 and come down north Corinth to Shady Shores and make about a half block west to Swisher Road I am very familiar with the Iraf6c on Fdwards Road end Swisher Road, end it appears that most of the people who are travelling down Edwards and Swisher drive in excess of the posted 30 miles per hour speed limit I try to avoid Edwards Road like the plague, It's very, very dangerous and it's going to become more to when they have the development of the Preserve, It's also my understanding that the lot owner that owns the addaional twenty acres adjacent to our west property line wants to put a mobile home park In Heaven forbid, but this is what Is In the plans now. If you ask me how dangerous Edwards Road is, I would answer it like this. Lest December, my son was kith ' coming out of this park by a speeder on Edwards Road. If you are going 10 allow the closing of Swisher Road at i., 'itersecllon with PockruslPai~e Road, then you are forcing the people on Swisher Road to use Edwards Road to get to Shady Shores because the present, or the proposed concept, is ri dead end here al Pockws1Paige, and the oniy way to gel to Shady Shces Is to go over to the 1.35 and come back. There's no practicai application to get to Shady Shores, and so what you're doing Is forcing the people to go on Edwards Road or going through this proposed subdivision to get to Shady Shores; and this Is going to take an additional 15, 20 minutes, whatever it Is, to go to Edwards Woad and then get this to get down to Shady Shcrii A novelty would be that if we wanted to reach Lillian Miller Pi kway and we lived in Soulhridge, then we would have to use the streets in Southrldge to reach Lillian Miller Parkway. But if we lived east or Teasley Lane, we would not have to go Soulhridge or through that development to reach Lillian Miller Parkway because Ihery is another mule. It appears that you are ncing to avow the closing of a portion of Swisher Road. Now, on this, ell I ask you Is please, please reconsider and having the p esenl day Swisher Road either coming directly to south to the Intersection of Shady Shores; or in the present concept, I think we have Pockrusil lge Road going east, and tt connects to this parkway where we can have Immediate access to Shady Shores on this, There will probably we some people that might object, or present that would not object, to Swisher being dead end here at Pockrus/Paige because It's my understanding theywant to do this to cut down on the Irarfic on Swisher Road; and also they don't like-they want Ic ehminale the speeding. Weil, Edwards Road presently dead ends Into Swisher Road, and Its not eliminating the speeding, so I hope that- what I'm realty asking Is that you're going to allow Edwards Road to cross Swisher Road, and all I'm asking you to • do is show Swisher Road to cross Pockrus7Palge to we can continue on to Shady Shores H there are any questions, fri be happy to In; to answer them for you. a Commissioner Engelbrecht, Any questions for Mr. Mason? Mr, Rishel. Thank you, Mc Mason. 54. j~r ae•T S+ w f iK 7 f7 K{' i J 32 Y .1 r 1 a awiamaa 0 raaeuaas M Planning and 2,nIng Commission Minutes Septemberg,1995 Page 25 0144 Mr. Mason: Thank you, Comrnlssioner Engelbrecht Thank YOU. Let me inwrject Just an administrative note for the Commissioners. I received a note here. I do plan to see If you want to lak^ a break when we finish this p"cutar aspect of this public hi If that's okay. If we can just finish this. Is there anyone else present who would like to speak in opposition to Ibis petition? Anyone else present who would like to speak In opposition to the petition? Thal being the case, Mr. Fo,tlik, would you like to make any remarks in rebuttal? Mr, Footllk I don't have any further comments. Thanks Commissioner Engelbrecht. Okay. That being the case, the public hearing Is closed. j Mr, Powell, No, Sir, Comrr~lssloncr Engelbeechl. Yes. Mr, rowell , Please don't close II yet, If I may. Commissioner Engelbrecht. Go ahead. Mr, Powell. Being as the Mayor of Shady Sh, res is here. I'd like to offer a special Invitation to see If she has anythtng she'd like to say while the PLbllc hearing Is open. If not, sorry I bothered you, Mayor. I betleve she is the longest-standing Mayor In Darien County. As so, we owe her the respect. Ms (Olive) Stephens, Well, I really didn't plan to speak sI this hearing, but I'm In agreement I think It will be on asset to the community and to Damien. It seems that maybe we have a developer that's coma in that wants to do sor, r!hing to benefit the people more than themselves. I am in agreement or thinking that the closing of Swisher Road Is going to be a difficulty to a lot of people-Inconvenlence, But If that's the way that they have to do this to m,i',e this project work, well then, I Suppose that's the way that It will have to go. 1 do Skink Thal we have a planned dev„dopment thal'u pufnqi to be a benefit to all of us. As far as in,, airstrip over there, t think that Planning and Zoning needs to understand trot this is privately owned and the people that live In Hidden Valley are the only people ti,;-1 use this airstrip, They might have a guest Invited in, but It Is a private alrslrfp, end ifs not just everybody coming in using It, you know. Thank you Commissioner Engelbrechl Thank you, Ms Stephens Any other comments, Commissioners? In that case, I'll cloto the public hearing Mr. Reed, any final remarks and the staff recommendation, please, I Mr. Reed Yes, Sir, I'd like to make some remarks concerning some comments that have been made. First rnnceonng IStr. Mason's concerns about the closing of Pockrus/Polge Road at the Intersection with Swlstier Road- the current concept plan uhows the road continuing over to Lekevlew Boulevard, but not past that, and down to Swl:her Road over here to the east side, The proposed concept plan closes that Intersection off, or closes that potion of the road off, In nn effort to divert traffic away from the back. roads here, meaning Pockrus/Palge Road and Swisher Road end direct it down'. .9 rds Shady Shores Road and 1.35. There are several reasons, but one of them the developers Indlcaled rs the cone ms of most of the resldenls back here. That doesn't Isolate the residents on these back roads. The aPt•rnative Is created by the construcion and conlinuallon of Edwards Road to Lakeview S Boulevard. It's Irue--onn I:.;ng that could be told Is they may be traveling a mile or a hall more then they Are presently, but the alternative Is there. So, I wanted to address that end demonstrate why this plan differs from the existing plan. Commiss'wner Engelbrecht. I'd likn to ask you s question while you're on that issue Two points-one, what are we locking at In terms of phesing fur closing Swisher at Pockrus, building the rood to the east and then Lakeview Boulevard so the; It reach,s the South? That's question one. Are we going 10 wind up with a sRuatlon where we got one closed and the othl;r one not open yet because Poclirus and Edwards-that's not great traveling eras back In there to move aroun, Second Item is, given we do that, what are plans for the area back In there (Edwards 0 between there and Po(.krvs and even 0 little further to the north of Edwards)-ss It develops, what are we going to do, what are our plain to handle the traffic [hat develops In those areas? Mr. Reed. Phasing or the construction of roads within PD-132 at present with the deta'led plop being heard after this public hearing for tracts B, A and G Including D. the construction of Lekevle,v Boulevard up to this point would be a 55. x k :7 32XI El anuses . 0 a Planning and ZonlnoCon isslonMinules Serdemberg,1998 Page 28 of 44 minimum plus the conslructiom of Edwards Road at that point. If I'm misspeaking, David Salmon should correct me, but he's nodding in agreement. So, the liming of the closing and the construction is a construction detail that would be worked out, and I'm sure access would be a consideration In that timing. But the phasing would Include the complete construction of the collector road here, which would be Edwards Road and Lakeview Boulevard all the way to Shady Shares Road. Improvements to Swisher Road end north of Edwards and south of Edw"s. I think David + Sermon Is better prepared to answer that, but I would point out, that Is In our ETJ and as such the City does not have the responsibility, the County does, to make road Improvements. So, unless we annex that area, the City will not be proactlve In doing that Commissioner Engelbrecht. Okay, I don't need any further response than that Thai's what i wanted you to say, I wanted that on the record primarily. Thank you. Any other questions on that, in regard 10 that Issue? Okay, you want to finish up with the rest or your remarks then? Mr. Reed Another featmd to the school site Is that, In the school district's dealings with the developer, a great deal or negotiation has occurred and as a result the developer has opened up tract A to the School site, and we'll look at that In greater detail. What I mean by this is simply pedestrian access will be allowed and is Marc Foothk expressed, pedestrian access, pedestrian travel Is something that they want to encourage and they truly have worked al that Along with the residential and tract G will also have a similar pedestrian access directly to the school site. Commissioner Engelbrecht, you did point out concerns about the development of tracts H and 1-what guarantees do we have of the construction of a bridge over tract F. I would just like to make ~ proposal that a conditloi+-I think the best way the City could address that Is to make a condition that says tracts F, H and I will be d3talled at the same time. The reason I just forward this r„ you Is someone could came In, theoretically develop H and I as the concept plan Idenllfes rherr.. The content plan doesn't make It clear that they have to actually develop the road through ii act r. They could, theoretically, connect up with what Is-I don't know this road over hers. They would have to get II detailed, and [hat would have to be approved, and I Wink the City at that time would look and the way it will--but maybe looking at conditioning It to detail those three tracts at the same time would at least make It impossible for somebody to simply detail tracts H and I. I'd like to point out the opposition, which I passed out copies of earlier, only constitutes 11%. Since that arrlved today, GIS was able to figure up the land area for me just before I came over here. So, I want to reassure that the 20% rule Is net in effect here. That's an the comma d like to make I'd just like to emphasize this concept plan lowers the [rip generation and pulls the trip intensity In line with the Demon Development Plan's standards, and the plan itself Is consistent with the goals of the OOP. So, at this time, staff would like to recuhtmend approval of line concept plan with the following conditions. I'd like to have everybody turn to the Iasi page of the staff report. Mr. Powell Page 87 Mr, Reed. Page e-public notice, excuse or e, recommendation, The Copy that you have improperly slates condition a Staff would like to change that to say, 'Prior to the issuance of any building permits for lots located on tracts C, H, 1, J, K, L, Ni, N. 0 end P. that adequate transporlabon infrastructure shall be constructed, linking the proposed development from the city limits south of Shady Shores Road to 1$5 E.' Mr POwe9. Prior to the Issuance of Mr. Reed Any building permils • Mr. Moreno. Was it the same tracts that you had up here? Mr Reed Yes, some lracls and then the Iasi line changes slightly to say'Hnking the proposed development from the cily limits south of Shady Shores Road to 1,35 East.' As It's written on your staff report, II States that no detailed plans shall be approved, What we're really concerned about is the Infrastructure at the platting shoe and at the building Nape so Ihal's why we changed II to 'any bul dir pem ib.' Then, I did not write It clearly on the 1661 line j where the area that we're concerned about is just outside u' ,ur city limits going down to the Inlerslate, that's why It . should slate on the larl line 'linking the proposed development from the city limits south of Shady Shores Road Io 1.35 East' Staff would also like to propose a second condition. That involves the condition that I staled earlier that Q Q 'tracts F, H and I shall be required to be delailpd at one time' That is simply a recommandation, but it PAZ does not agree with that, It does not have to be pad of the motion. I' 56. 32 x I O A . MOMENA&M~M911LEMMUILM%AL-~MRAMOFMJLML mom e I f . Planning and Zoning CommisstonMiriutes September 9, 1998 Pape 27 of 44 Comn issbner Engelbrecht: Any other remarks? Mr. Reed, I wanted to ask you. I can see you've charged recommendation A, and then you've added a B. Did you have an opporluniry to talk to the petitioner about that before,... , Mr. Reed: Berate the public hearing? Yes. At the beginning of P&Z, he was handed the staff report; end I discussed briefly N he was comfortable with the condition that we placed on 11. Now, his copy Wks just like yours and we're simply changing some of the language-same effect. Commissioner Engelbrecht' Right; but did they,., Mr. Reed: The second condition, I was simply recommending to P&Z based upon your concern you wen addressing earlier about a bridge across tract F. Commissioner Engelbrecht I guess my question-Bwe link F. Hand I together, would that run Into a problem of the fact that he might withhold deuelopmenl_of F and otherwise might do it earlier because We linked to the two other tracts? Now, let me ask you Ihi"f the detailed plan comes In for tract F to be approved, then it would hove to have a bridge. Correct? According to INN , Mr. Reed: By Itself? Commissioner Engelbrecht: Since k's shown that way. Mr Donaldson: It's shown on the plan Commissloner EngelbrechL Okay j I Mr. Reed: Yes, Commissioner Engelbrechk So, we simply have to have the bridge on the detailed plan for Fend It tither comes In by Itself with the bridge or the other two. Now. Is it--well, my concern still Is that H and I pet developed before F does and we have no bridge Mr. Reed, Of course, with out present concept plan, the same situation ealsted. Commissloner Engelb echl: Okay Ms, Gourda Could I just Irlerocl something? I ass a lot of questioning from our developer, I'd just tike to he,,e clarlfcalion from what, I don't think wire communicating the Idea In a very coheslva way so I don't unders!And, They're shaking their heads and we're, making choices and I'm kind of t.oncemed Is there any way we eruld just have them pop up here real quick and just state.... i Commirdortr Engelbrecht, Commisslonara, any problem with that? Okay. Please, p,nllemen, the kettioner, If you'd Ike to make some comments with regard to our discussion here with Mr. Reed, plesse come forwus to do to because We obvious we've made some changes here or discussing some other possible changes that you had e, zt to no..., I Mr, Willow Why don't I make a recommendation we lake a break. Does anybody else,,. Commissioner EngelbrechL We could do that, Commissioners, would you rather do that and give them time to talk e little Mr. Risher Before you lake a break, I'd like to pat a clarificatlon on my meth that I look at that you mark at the t preserve. Is the dlsllnction between parcels F end parcels Gallon the north alds of the road? is thal the line that I see there? Is that a Mr. Reed, Yes, 0 Mr. Rlshel:.. horse trail, or.... Ms. Gourdle' Those red markings on the.,,. 4 57. 32x10 RON o , Planning and Zoning Comml s sfon Minutes September 9, 1998 Page 28 ,'44 Mr, Reed, Tract 0 is wholly on the west aide of Lakeview Boulevard and tract F is wholly on the east side. II Mr, Rahel: So, the entire boulevard, In other words, both sides of" boulevard ere in 0 or does" divide down the middle? Mr. Fcothkt Center line of the road. Ms. Gourdle•, It'efust the median , Mr. Footlik Centcr line of the road, Mr, Reed: The center Ilnc, Mr. Rishet, Center line of the roe so part of O has one side of the boulevard and part of F has the other side. Thank you. Commissioner fngelbrecht: All right, Commissioners, let's lake 10 minutes. The Commissioners adjourned for a break. The Commission reconvened after 10 minutes. Commissioner Engelbmcht: All right. We're back from break. Mr. Reed, if you would like to continue your aria" remarks, please. Mr. Reed. Yes. I'd first like to apologize for any confusion that I've created here. Let me clarify staffs recommendation Staff recommends approval or 2.95-ot1, the concept plan for PO-132 with the following cond-tion- that prior to the issuance of any building permit for lots located on iracls C. H, I, J, K. L, M. N. 0 and P that adequate transportation Infrastructure In accordance with a traffic impact analysis study (or TIA) shall be constructed, linking the proposed development from the city limits south of Shady Shores Road to 135 E. Mr. Powell. You stuck In there something about a traffic Impact,.. 1W Reed. ...Analysis. Mc Powell Tell us wily you've One that and what difference It's really going to make. Give ma a handle here. Help me out Mr balmon During our discussion over the break, the devetoperz were concerned that the condition was worded such ihal maybe they would have to build a four-lane divided boulevard or who knows what type of Improvement and to by adding this statement to the motion, It will allow them to show us wlth a TIA what is going to be needed to carry the an,mmt of traffic for The amount of development that they're doing, and they might be able to do this In phases as opposed to building four lanes at one time when they aren't quite developed out yet. I th'nk"provides the developer ~ a little bit more flexiblGly and assurance that they're not going to be required to build something more than what they really need to at any certain period of time, Mr. Powell Build it where? Build this four lane developed, or build this, what are we talking about? Mr. Salmon The section of road we're talking about is between Shady Shores and 135. The condition as previously reap simply said that they would have to rake traffic Improvements once they reach a certain threshold, which is building permits In some of the other parcels. What their concern was-Is that they Intend on doing a TIA and they were nervous about saying that they were going to make Improvements at a certain point not having thelr TIA put together yet. So, what they would rather do Is put In Improvements or possibly phase Improvements so they develop property in accordance with the TIA that they're going to prcvldo us later during the platting, They just don't to-- they're trying to Ile down a little bit more detail on this connection. Q • Mr. Powell: And that's the connection between Shady Shores Road and 1.35. Help me out here, but Isn't that road, W# and I recognize It may not be to the proper size, bu' Isn't there a road there now? u Mr. Salmon Yes. There's a road there now. It's r'wo-lane divtder'-weh, two-lane unimproved rural road. 5B. I 71,V- 7--7-J-013121 • o ;xmsaae Planning and Zoning CtmfoisslonMin6les Seplemberd,1998 Page 2g of 44 Mr. PowaA: Road. Yes, air. Okay. At least now I know where we're talking about. Thank you, sic Commisslone Engelbrechl Mr. Salmon, before you go. Mr. Salmon, before you go. Mr. Rishel, did you want to ask him about that or I will, about Lakevlew Boulevard? Mc Rlshel, Go ahead, please. Commissioner Engelbrechl: Okay. if the centerline of Lakeview Boulevard Is what we're talking about with regard to the way It's linked to the lrecls, In other words, how are we, what's the basic plan for the development of Lakeview Boulevard such that the City has some essurence that the entire four lanes and median and everything Is developed so that we don't wind up with a situation where we have Windsor, for example, where It goes through the park where 4 was built at two lanes which was originally supposed to be four and then It never was, so now we have only a two. lane road which Is narrower than it's supposed to be. What assurance do we have as a City that as this Is developed, we would get ell four lanes developed by them, Mr. Salmon. 11 1 understand you correctly, at lull development we should have four lanes Novi, I don't think k Is their mention to build all four lanes at one time Commissioner Engelbrechl. No, I understand that. Mr. Salmon. And I guess, you know, we can't require Thal [hay build c more at one lime than what their development requhrs In order to handle the trafft So, dust as an example. I don't know what their phasing is at this point, but If they ome i- and they say we want 1. lovelop tact A and tract G and their traffic Impact analysis shows they only need two lanes at that point, you know, we can only require that. Nuw, as they start developing some of These other tracts, they're going to have to add those other two lanes But even that may be In phases. You might al some point In time have a four-lane road that marrows down to two lanes at some point. But my understanding Is that when It's all completed, it Should be four lanes. Commissioner Engelbrechl. Right. So, you're looking at basing everything on the traffic Impact onalysls as they come In wi;h, you'll look at the she, look r', the traffic Impact analysis and then determine what's going to be required in terms of the amount of roadway. Mr. Salmon Fight Mal we would hope to do Is link specific Improvements a d specific [nt+a Commissioner I ngelbrecht Okay All right, Any other questions for Mr. Salmon? Mr,Rishel thankyou Commissioner Engelbrecht, thank you. Yes Mr, }fill, One of the things I dust wanted to make sure that you understand because this Isn't an easy situation and we don't mean to make things d-ffcult for the developer and they don't try to make things lough on us. When you come dorm to this section of roadway, I want to make sure that you understand that this is not within the uity limits of Conlon. Okay? You're In the city limits of Corinth. Okcy? So, what we discussed during the break was the fact that Ifs kind of like the developer looks at us and says, 'What do you want me to do about It. k's out of my control. [I's In the City of Corinth' And we can't require them to build somathlng In the City of Corinth, and I Just wanted to make sure that you understand that In the realm of things [his whole primary arterial Is Intended to run In our thoroughfare plan ell The way from US 380 down to 1 75 What we are Vying to do Is demonstrate-we want to make sure that Ifs understood that It's in the city's Interfisl and we do want to work with the developer to make sure that that linkage Is made flow thats taken care of exactly certainly has not boon discussed in terms of actual Implementation where the dollars are going to come from. But at the same time, we are going to too and try to make sure that we do get that linkage because It's extremely Important fur just general transportation planning purposes for the City of Donlon. So. that's where some of the tough decision making comes Into play, and I Just wanted to make sure you were aware cf that 0 • Commissioner Engelbrechl. Any quesrlons for Mr. Hill? Thank you, Mr, Powell, Mr Powell Before we vote, though, I would like to get Mr. Footlik back up here, It I may, And I don't think there's any hassle, but I befieve It would only be fair to ask you if you're on-board with this the way II was quoled the fast time, I know there was some heortburn out there right before the break. i 59, 32 x~Q 19 CON"" 0 Plan nI ng and ton I ng Comml salon M inute s Seplemberg,1998 Pape 30 of Se Mr. Foottik: Yes, I think there was a little confusion as to what stipulation of our Intended phasing of development would trigger the Improvement of that link. We've all talked about it. As Dave has sold, ll's not In the City of Denton. It's In the City of Corinth. We don't even know 0 there's right-of•way. lite not our-we're basically, what the staff Is saying Is that It's not necessarily your obligation to build It, tot we're not going to let you create a traffic problem by building out your project before the Issue is resolved. And all I said to the City Is, well, we're kind of a partnership here because, you know, INS Is on the thoroughfare plan. We've all got to kind of make It happen. We don't know how we're going to make it happen yet, but we've got to make the right-ol-way happen; we've got to make the dollars happen There's a-I'm sure the State Is looking at the Interchange and the whole Interchange Issue here, and I don't know what the tintng of that Is, So, we've kind of phased our development too point and with the TIA addition of that language allows us to develop to a point where our traffic doesn't burden the existing conditions. Once we get to a point where we're going to impact those existing conditions, then we're going to have to make some Improvements. There might be some phasing to those Improvements. We might go to three lanes until the State comes through with the funding to do the Interchange. None or us know how all thafa going to work yet. So, I think a little bit of the lussle-we weren't sure exactly how that condition was going to be structured and that's what wive kind of worked out, Commissioner Engelbrechl. You're comfortable with the traffic Impact analysts approach? Mr. Foottik: Yes. Commissioner Engetbrechl, Okay. Thanks f Mr. Foollik, Thank you. Commissioner Ergelbrecht. Any other questions for Mr. Foothill? Atl right. Mr. Reed, any other remarks? Mr Reed No. That will do II i Commissioner Engeibrecht. Commissioners, any final questions for staff? Ms Gourda Clarification, please. So, we're taking off B that you gave ue before the break. Correct? W'e're removing that from your recommendation. klr, Reed Correcl (inaudible), Thai's an Issue of P81, and If y'all want to address Thal, you certainly may, Ms Gourdie, And the second thing clarfcallon, You put the word "in accordance with the TIA' right after the word `Inhaslructure,' In between'virraslructure' mnd'ahall'? Mr. Reed Thai Is correct Ms Goufdie Thank you Commissioner Engeibrechl Commissioners, any other questions for Ito" In that case, are there any comments or e mcIion? n Nis Apple. I Just want to comment. I think this Is a real good plan. I like that they've changed the school site. I like that there's less retail square rootage. I like the fact that there's almost 60 acres more of green space, kwor trip generations I like the fact that they put the multi-family together. My only drawback is I appreclale Mr. Mason's concern about the road, And I guess In looking In this, I had another concern about 0 there's-where the school site is going I. be, il's kind of limiting the ways that people are going to gat In and out to gel their chitdren to and from school, those people that are driving the school buses. I know we'd had sort of a nlghtmorish silualion with the new scliool over here on Teastey. With school starting, R was very difficult for people to gat in and out. I know there were long lire% of traffic Not knowing what the number of students will be or anything, I really can't, but I just want to comment that I love the plan a whole lot better Than the other one. 1 IhInk that they've put r lot or thought Into N And I appreciate that they held so many neighborhood meetings. I'd like to see all developers be that conscientious Q and I guess If-I'm sort of tike the Mayar. If there's no other way to get around extending that food, that would be my only drawback, Commissioner Engelbrecht Othercommenls, Commissioners, or a motion? 60. ~l •t1Y:~ ,L~. rT a5 ~Cl 32x n o Planning and ZcnIngCommistlonMinutes Seplember9, 1898 Page 31 of 44 Mr. Powell: Elizabeth, do you have [het ready to go? Me, Gourdie: Sure Mr. Powell: Would you be pleased to make that? ' Ms, Gourdie: Thanks, Mr, Powell I hope I do this-I move to recommend approval of the zoning district Z•ga-011 In planned development PD-1132 with the conditions recommended by staff being 'prior to the Issuance of any building permits for lots located on C, H, I, J. K, L. M. N, O and P, adequate transportation infrastructure In accordance with a TIA shall be constructed, linking the proposed development from Lha city limits south of Shady Shores Road to 1.36 East.' Mr. Powell. I'll second that and then ask you if you've considered (d) about tracts r, H and I being delelled at the tame time. I'm not asking you to put 11 In there; I'm just making sure you've considered H. Ms Gourdie Yes, and I think (here's loo many questions that need to be asked upon thistransportation analysis. I th'!'K once Shay realize that that's going to happen, they'll be able to understand what's going to happen with the brlcge. Mr. Powell So, it's your idea Vial we leave it out at this stage of the game? Ms. Gourdie: Being that there, with all the conruslon-yes. But that can come at [he detailed plan or at any point In the process, will that be addressed? No. Thls h R. Okay, its, oh, question. Commissioner Engefbrecli This is a complex case, and I think It's appropriate Mr. Hill, Thank you One of the things I think we'd like to do is, I don't think staff is prepared to really answer your I questions about the phasing that would happen or the likelihood of the bridge being bull. In the past, sometimes you've had some Issues that you've asked us to simply explore as It proceeds to City Council. This may be one of those Issues we een Ms. Gou,die Okay Mr Hill. ,,.treat In that manner. Ms Gourdie. All right. So I guess I added anollher condition that the Glty staff explore [he bridge slluatlon linking sections F. H and I. Mr. Pcwell Seconded Commissioner Engelbrechl. Is there discussion or comment on the motion? I'd just like to say that, and I raised some of these Issues and I didn't mean to throw a fly In the ointment here, It seemed td me that those were Important elements that had not necessarily been sddretsed And I'm not suggesting that we can answer them this evening, but I think we have raised some Important issues to staff and to the developer that we would hope he would look at as Mr Hill suggested as k goes on to Council. This Is a very large Bed. R'a cornplert in terms of Its elements and the p rasing, but R appears that It could be a really great asset to the city once It's all developed out. If look forward to teNng that and hope that you are able to get R all done before something happens unforeseen and with that t'll conr',rde my comments Anyone else? In that tese, all In favor of [he motion, please rise your fight hand. Motion carries unanimously (1-0) j Thal moves us to the third pad, which t have managed to lose, whlrh Is the detailed plan lot-here we go. Thank you All right, This just says approval of the detailed plan. This Is also for developmerd 132. Mr. Reed Mr. Wayne Read presented the staff report, Mr, Reed. Thank you, Chairman 'the last public hearlng Involves the detailed plan for a portion of PO-132 which Q we've just recommended approval for the concept plan, Since I have already given am overvlew to [he breakdown of the single-family toning districts within the proposed and present concept plans, what I will simply do al this time Is abbrevialti V.e uumnertson of the two because the difference really is not that great. The approved detailed plan for tracts 4d. 18,'7, 10 tnd 14 of the Soulhvlew development Include 610 single-family lots, of which 1126 are for SFAI 61. r la 32XIn b' a . 0 . • o Planning and Zoning Comml sslon M lm 0lea Septa,o:berla,1B9t1 Pape 32 of 44 The remainder are SF-7 size lots. The Preserve's proposed detailed plan provides for 132 lots, of which 209 are 5,500-square-foot lots, 22 located on tract B ere SF-10; end, as the developers pointed out, they're actually significantly larger than that minimum square footage, Last but not feast, trod 0 Is 221 lots with minimum of 7,000• square-fool lot size. Inducted In the detaled plan, however, Is tract 0, w".Ich is for the school. There's not ie detailed site plan proposed for the school site, and I'd like to step back very quickly and kind of give an overview of this. Case law has demonstrated that school districts do not have to comply with zoning, so the school technically would not have to even come forward with a detailed plan If they purchase this property and wanted to develop It even though It's toned for school and It's In a PD. That's not to Imply, though, that DiSD does not work with the City, because It does and I think it has the Intentlon to come back and detail this tract. But we've Included It within the proposed detailed plan; I think It's necessary to address the potential that this Is developed Into something other then a public school and a public park, And so one condition that staff would place on We, which In this case has been clarified with the developer, Ic that any land use other then a public school and/or a public park on tract D shall require a detailed plan. Thal would Include a private school. SIsM recommends approval of the detailed plan, and I would be happy to answer any cuestions Commissioner Engelbrachl. Commisslonere? Ms, Oourdle. Ms. Gourdie: Could you lust please repeat what your condition was that you just said. Mr, Reed Yet, Any land use other than a public school endlor public pa, k on tract D shad requlre a detailed plan. Ms. Gourdie: Thank you. Commissloner EngelbrechL Other questions for Mr. Reed at this time? Mr, Powell, Yes. Go back over again the trace that we're going to approve. I'm looking at A and B and, Mr. Reed. G... Mr Powell: 0 I ~ Mr. Reed. ..and Includes 0. That would encompass on the overhead comers this area he ;C trocIA Is 6,500• square-foot lots; tract B, which h SF-10; and tract G, which h more or less SF•7, Mr, Powell: And tract G includes the area tot aside for relelllibrary and whatever up there. 1 Mr. Reed No. II Des not. , Mr. Powell it doet not. Mr. Reed. Thal Is separalc from tract n. Mr, Powell Well, it's on this sheet and that's why I thought It wat, Mc Recd Yes On the overhead comers, the detailed plan demonstrates that.,. . Mr. Powell, Oh, I tee, Mr, Reed, ..,That little corner Is cutoff. l Mr Powell, Thank you, Thank you. If I'd been looking ;loser, I'd have recognized k here, too. Thank you, Commisslumer EngelbrechL Other questions for Mr, Reed? Thank you, is the petitioner or petltionafe representative present to make it presentallo^? Once again, please give us your name and budness address for the record, • Mr. Footlik, Marc Foolllk, Development Manager for she Preserve, 4000 West Windsor Drive, Flower Mound Who! I've given you Is a little arger view of the delaped plan, and just a couple of comments that ( would like to make Is that Ihls is kind of again gone through three or four ramdltlons and Iterations smd demonstrates a lot of sensitivity to issued raised by community groups and netghbors. For example, you see, I got to get my trade straight here, Is that B? Trecl B, even though it Is actually toned for 10,000•squere-foot lots, you an its we're ending up with 22 isle , 62. j . ~ 7 ~10 32X10 e apse o i Planning and Zoning CommltslonMirmes September 9, 1998 Page 33 of 44 which ere-and a nice cul-de-sac-backed up with trees onto a creek. You also tee on here where we've actually preserved natural tree corridors and drainage ways There's one up In this section here. There's another one coming though here. This is an area Ihst Is treed that we would keep as natural. And it does two things, One--I think it enhances the neighborhood because you get a park-like setting within the neighborhood. We gel We lob out of il. Hopefully, we get a little more premium because those lots are backing up to the greenbelt. So, It kind of- It's not a complete wash out, but we Ih!nk overall makes a better project. And you can see the linkage of the green, to as I tried to describe to you, It you're driving In the project and If you think of thls as just entering on the right side, all you re going to see is just a whole preserve area with a hike and bike trail winding though there and It's the whole lineal linkage all the way up to the Intersection, which Is unique. There aren't that many projects that have the opportunity to do that. Other than that, you know, k's a lot of-we don't have a lot of long streets, A lot of cul-de• tau; we concentrate on, you know, people like living on cul-de-sacs That's because of their concern for the kids, that they don't gel traffic going through and with the staff we've worked on really eliminating linkages to perimeter roads, so that we don't have a lot of through traffic that creates a fit of problems for kids as well as the leakage of traffic going off the other direction using substandard roads to making a bad condition even worse. I think that's really about it. I'll answer any queetions,,lf anybody has any. CommissionerEnge4brecht: Oueslions? Mr. Powell. Mr. Powell Mr. Foollik, Is It safe to assume lhal these street names are not going to be the final names? Mr. Footlik: Yes. That's tare to assume. Mr Powell, Thank you. Commissioner Engelbrechk Other questions for the petitioner? I was looking In the detailed plan for the back housing end you had For the 4.4 and the 6,100-square4ool lots; It showed-It just said 2'h story. I was just sort of curious to what that referred to when we say 21h dory, what do you envision with that? Of Is there..., Mr. Fooliik, I'm not sure I'm following exactly what that is? On, I IhinR It's just a height restriction. 1 Mr. Donaldson: Within our toning ordinarn.e, we define a story as 11% feet to... Commissioner Engelbrechl. So, that's simpiy done for the height, Mr, Donaldson. 2%, times.,., Commissioner Engelbrechl. Okay, that's just for the height, You don't have any plans for thal; It's slmply.. , Mr. Foothk, That t okay Comnssioner Engelbrecht. On these, and I'm jusl cuiiuus with regard to your concept for these smaller lots How ere you gang to accommodate the vehicle i;tual;on? Are these two-car, double driveways? My experience has been that In some of our areas In the city whe a we have had small lots, we have had tome pretty cromped streets pretty quickly, and I don't know if you've given that any thought or if you see it a problem with yourdevelopmenls . Mr. Footlik, Cramped streets In terms of..., 'S Commissioner Engetbrecht. Oostreel parking because of the density, and I was just asking if you've had lo!,ue with that over the past, I Mr. F oollik You know, we really haven't had that Issuo, All of these homes w'4 have two-ear garages. Obviously, the range of product type, we're not even detailing the patio homes et the moment, but that's just a smaller lot for on empty (inaudible) or house. It looks like a regular house, Itjust has side yards and the front yards are malntalred by the homeowners essocialion. At Vdiiwood, we bullt 64 patio homes end that had never been done !n Flower 0 Mound before, yet it was the fastest selling product (hot we had. I1 was Interesting because you hod some first-time 0 . buyers without children that wonted to be In that law-mainlenance, and you also had some people that were downsizing from bigger houses who wanted to be In a good-sued horse. I mean the houses are 2.000-2,600 square feet, They just didn't have a tot of yard area Io me'ntaln, and they wonted to travel and do things. The theory of [his project Is that we're going to have a range of housing that's going to go from about $130,000 to maybe $300,000. Now remember that grows From over rive years or seven years for us to build that project. Since the, just 63. ~_~~'rjr N+ ~h 32 x1❑ ~I r, f ' • eresra: 0 Planning end Zoning Commission MiAutes Septembcrg,1998 Page 34 P144 to direct your question, since the nature of this Is going to be more first-lime buyers or second-time buyer In the smaller lots, It Isn't generally people that have high school kids as often. You're not going to have as many car situations - multiple car situations beyond two. But the driveway situations ere that we've got a garage and enough room for two more cars In the driveway, somebody that has four cars. 1 can't Image, we don't have a problem with [t now, and It doesn't matter what size the lots, are we still have garages and driveways and there aren't too many people with more than four can, to I don't envision that being a problem. Commissioner Engelbrechf Okay; any other questions for Mr. Foonik? Thank you, air, is there anyone present that would like to speak In favor of this petition. Anyone present who would like to speak In opposition of the petition. Yes, Mr. Mason. Mr. Mason, My name Is Zack E, Mason, and I still objecl to the closing of PockrusrPalge Road end a portion of Swisher Road In this development until such time as we have access to gel to Shady Shores without going down Edwards Road or Into the subdivision. Think you. Commissioner Engelbrecht; Thank you, air; any questions for Mr. Mason? Is there anyone else presenlwho would like to speak In opposition to this petition? Anyone else present who would like to speak In opposition to the petition? That being the case, I'll give the petitioner an opportunity to rebut R he would like The petitioner chooses to m.ke no comments; In that case, the public hearing is closed. Mr. Reed would you care to give us Anal staff comments or6cr, end recommendalions Mr. Reed. No further comments, Mr. Donaldson Wayne, could you review again for us which t acts ei a Included In this detailed plan. Mr. Reed, Yea, I have, on the overhead comero, the concept plan next to the proposed detailed plan. The concept plan shows-that could be focused, There you go. The detailed plan shows tract B hereon the eo,ncept plan, tract A, tract D, tract F. which Is simply preserved, except no development, except with the passive uses would be allowed there and Irct 0 Mr. Donaldson And would also Include the tract E In the southern part as preserve area. i Mr, Reed. Yes, I won't say anything else; that Is what it Includes Commissioner Engelbrechl. Any final questions for staff? M . Gourdie Yes, please, Commissi er Engelbrechl. Ms. OourdieMs Gourds, Okay, back to the road, if we opprove this detailed plan, what will happen to the roads? Being that the extension or, (I've forgotten all my road names nowt'-oh, the one up lop. Edwards or..,. Mr. Reed Yes. Edwnrds, the one shown here on the concept plan Ms, Gourdle; Since I was not part of Ihis detailed plan, end we are detailing the bottom half where Pockrus Road and Swisher meat, which means we will be closing off the extension that Mr. Mason's speaking about, whet win be the rouse that These folks will be taking to get to their Shady Shores areas that they reed to extend themselves to? Mr. Recd I'm not familhar with the road network out there, I'm sorry. Ms Gourdle Thank you. i Mr. Salmon One of the things that we also discussed with the developer during the break. Just for a point of clarifcanoei, was that you can't close PockruslPalge Road and not have [het extension of Edwards road In place, because otherwise you really don't nave a way to get to Shady Shores-you know, if you dose that road and then 0 riot build the other. So, dust as a mailer of function and liming, one's, I mean, the new road will have to built before r' the old one can be abandoned end that probably won't happen until the school Is ready to build. I think lfe their Intention to leave that road open until the sch. of or whoever determines that they are going to build on that trail; then they're going to have to build the extension of Edwards Road, If they wanl to abandon the other one. 64. r ~ 10 32xICJ aaao+aat , 0 1 Planning and Zoning Cummhslon Mlnules September 9, 1998 Pape 35 of 44 Ms. Gourdie: Okay, to Mr. Nissan has accessibility to his location In Shady Shores through the route In which he's used to taking; is that corral? Mr. Salmon: Well, yes; as approved he will continue to have the access that he has now until such time that the ' school tract develops. At that polK the road would be closed off, but they will have to have this road In piece in order to do that Ms. Gourdie: Okay; thank you for the clarification. Commissioner Enpelbrecht: While you're there, Mr. Salmon-that school site, Is It possible that it could be accessed from either from the Lakeview Boulevard or the Swisher Road side? Mr, Salmon: Yes, It could, In fact, we've had some specific discussions with the school district about Thal. I think I their plans ara-at least at Ws point-are to consider having but access from Swisher Road; end, If that Is the case, when we get further Into the platting process, we're probably going to need some improvement out there. And that was ona of our reasons why we decided to postpone the variances until we had a little bit more discussion with the school district. Yes; that Is a definite possibility of having some access on Swisher Road and, I think, specifically for buses only. Commissioner Engeibrecht So, we don't wind up with a situation like McNair, where Its an off of the. ..the schoors sitting right on the roadway, and you have to get all the buses and all the cars and everybody also In and out the front I Mr Salmon: And at this point, I'd like to say that the school district Is looking at access from probably both sides and s, nlnp but and other vehicles. Commissioner Enpelbrecht: Any other questions for Mr. Salmon? Any other questions for staff? In that use, are there any comments or a motion? Ms, Gourdie: I move to recommend approval of the detailed plan 2.98-037 with the condition that any land use other than public school of public park on tract D shall require a detailed plan. i Ms. Ganzer: Second, Commissioner Enpelbrechl: It's been moved, second approved, discussion. Mr. Powell. Ouastion or discussion. Do we flood to tist a, b, d, e, and g In that motion or not? Commissloner Enpelbrecht It's on the plan. It's on the paper right there. Mr, Powell, Sorry I bothered you. Commissloner Enpelbrecht Any other questions or comments? Thal being the case, all In favor of the motion, please raise your right hand. Motion carries unanimously and thank you all for participating this evening. (7-0) PRECTOR'SREPORT 9. Council Action C )mmissloner Engelbrochl, That moves us to Item 9 on the agenda--Director's Report. I.~r. Donaldson: I'll Just rev low with you..,. Mr. Powell. Excuse me, rIP before we gel Into that if 1 may, let me Interrupt you for a second This was a long end 4 difficult pioJecl, and I eprreci3te the developer and stairs time and communications This was a bear, and 8 went 0 through smooth. It look u little tlme, but h went through smooth; and I wanted to make that comment; thank you. Commissloner Enpelbrecht Thank you Mr. Donaldson. G5. 104171 Lim 10 32XIO ' e a , 0 l ATTACHMENT 5 The Preserve Required Transportation Improvements 11109198 TRANSPORTATION IMPROVEMENT TRIGGEPED BY 1 Signalization of Spine Road at 1.35 Frontage Road based Warrant Study i on Warrant Study Approved by TxDOT. shall begin with the Development of Tracts A, B, and 0 2 interim right turn lanes at Spine Road and 135 Service Development of Road (northbound and westbound). Tracts A, B, C , or G 3 Con druct Spine Road from Shady Shores Road (Old US Development of 77) to northern boundary of Tract A as a two-lane 25-foot Tracts A or G back-to-back street section, 8-Inch thick concrete or 10- .Inch asphalt. _ 4 Reconstruct Spine Road from 1.35 Frontage Road to Development of Shady Shores Road as a 4-lane divided street, 8-Inch thick Tract C, or concrete or 10-Inch asphalt Development of _ A B and G 5 Construct Spine Road from the northern boundary of Tract Development of A to the creek bisecting Tract G as a two-lane 25-foot Tract G back-to-back street, 8-inch thick concrete or 10-inch _ shalt, 6 Construct Spine Road from the creek bisecting Tract G to Daveupment of Edwards Road as a two-lane 25 foot back-lo- back street, Tracts D, J, K, L. 8-Inch thick concrete or 10-Inch thick asphalt. M N 0, or P 7 Construct Spine Ro•~d from Edwards Road to the northern Development of boundary of The Preserve as a two-lane 25 foot back-to- Tracts M, N, 0, or back street, 8-inch thick concrete or 10-inch thick asphalt. P 8 Complete Spine Road as a 4-lane divided road (two 25- Completion of foot back-to-back sections with a r+llnimum 14-foot wide Edwards Road median) from Shady Shores Road to Edwards Road, and Development e 8-inch concrete or 10-inch asphalt. of Tracts H, I, and J_ 8 Disconnect S,llsher Road to the north or Tract B, Development of Tracts A B or G t0 Reconstruct Swisher Road from Shady Shores Road to Development of the northern boundary of Tract B as a two (2) lane rural Tract 13 0 road section, 6" thick, Road width shall be 24' unless p p documentation shows substantial disruption or potential destruction of existing tree cover is likely to occur. In thls Instance, an alternate road section to be no less than 20' _ wide shall be employed. 6F. C hs" n I'fnmiiip.Car" .I:,, mw 2 1')!') 98 01' Pw,v ,rz va,,ro.ed T I A 11~ I e MMM O 11 Widen and improve Shady Shores Road to provide Development of separate left-turn lane at main entrance to Tract C and Tract C intersection of Old US 77 at Shady Shores Road providing a 36 foot wide, 6-inch thick rural section road with transitions. 12 Widen and Improve Old US 77 for approximately 500 feet Development of in each direction from Spine Road 36 feet wide, 6-inch Tract C i asphalt or concrete to provide left turn lanes with transitions. 13 Right turn lane (eastbound) on Spine Road at Old US 77, Development of Tract C 14 Construct Edwards Road between Swisher Road and Development of Spine Road as a 36-foot back-to-back street, 6-inch thick Tracts D, L, M, N, asphalt or concrete, with no parking or direct driveway oft) access. 15 Remove Pockrus Page Road between Swisher Road and Earlier of Spine Road Construction of I Edwards Road or, Development of Tract D 16 Construct access to Tracts H and I from Spine Road as a Development of t 26-foot tack-to-back, 6-Inch thick Street, with no on-street Tracts H or parking or direct access concrete or asphalt). 17 Signalize the Intersection of Spine Road and Shady Warrant Study Shores Road (Old US 77) when warrants are met. shall begin with Development of 4 Tract C 18 Construct additional two-lane 25 foot back-to-back street, Development of j 8-Inca thick concrete or 10-Inch thick asphalt from last Tract among Edwards Road to northpm property line bounds M .N. 0 or P Notes: A minimum of So feel of right of way will be dedicated for Spine Road with an additional 10-toot right of way reserved on each side for future acquisition and widening. An additional 10 foot right of way (120 feet ultimately) wul be reserved for a disi3nce of 250 feet each side of the following 3 A intersections to accommodate future turn lanes. 1. Spine Road and Shady Shores Road 2. Spine Road and the road to Tracts H and 3. Spine Road and Edwards Real I These Transportation improvements are Lased on development of The Preserve which assumes a e generally south-to-norl'hasing pattern. Should the development pattern shift eue to external 0 ' Influence:,, the list of rewired Traffic Improvements shall be revised sccordingly. Definition of Tract Development - Platting of any portion of the specified tract. 67, C Dta l , r Pisn4~q (,aces Z~'-rp'Z 1S4b L9^-0t .i', r.4etic e,% r;; red 7ifk ; . Q , ATTACHMENT b PI R h h ,.rs °f. D.~ vl 1 or { h`f t vin, e of ; C17-y' u~ D +-NTOw rPLANNING Cc M 5f . DIV 7? 7o wkG h, ' C2►'h My ha►•,; is J,N,v hXA,C-n rt~o ! RM -}!,e I o%,,, n4p afi ILAe oh }lie saA 5i' of fhe rrfy -c~- 1n.Av fnrr+ 5'4 dr $ A ows ►2r~et l ~ fiko ~ WPrr #4 l e{t,V2//1v m ~nf 1 c~ llaJ Tk+ pros+r ~a M~ eef a~os S i f •`ZSbs s'had~ ftioros nd. n, v Y, fvr}Ld -~-a a a ~t f re 1 k4 ~ oVN C i 1 i> lekce~,l but Uh.i?X~K l ld, r.1Ur'r' <orv, rr„f t,.eA 1yr.Awy~s my h-i,XJ l4-,k !'h P4r3 ah . WhRy f7'r)t no'l~"~~ cA+T t ~i-.w, ~ovr Pltny,~y ahd D.e v1lcr eh nt Dy aY1`►ne~,-~ ~~7°~ iR t-."-fl \ ILz I't's rPyvpsf • Noy, ~I.,,f tie cone-y~ ~tfirt N-P cl.-h Coto n<i1 -for- R AProteq would &T~ate'h co J°h 1^e cord as b2d`+g ~->`/tohs/y e ~isod -{-o -F -t }cj'aat as ~lI-osoH~ 1-vdc 47 1 A .9AA c•-e Qt f4~ , f"n k4,1011 W.ke n,~ o~iJOr/iohs A 6CIN4:1nilr IQ 4)- - jof GCY`i3 tLm- old ►-a;lr/~d r o4 w cf fr,►, war h o v3 o ,"3 PfPr.L C Cf 1r hs PR~r try? Pctrc eJ G r'S e.4-Y rroJ a r Mvc.-r, - f " FhMr4-Y ~o G u ~+r'f S , O t htr we; J,~ Pitrcai e i j f • ~►-oeor-pd +e, bocer~,~ a ~oev vNrf- q ~wf 4)1-1- C rr,, ~l?x lr'ke/y tiovf,",rs oc - t~oa ~f vfl-e I 1`,~l1•t VAvld $`06 ytr /Oat, (e-$04 ✓hovo0-5 !h n1~t * me CA ho Thera a..•rI /l lll~ 0h qq D✓?rlooQ of FrA" i~ AIIORe{y bAw) I'hor SAc►~, /Zo&d. f o • } fhb aQa►fi'•+,th~ 4p k, of t44 co?lcvA- JAP,0144 ~t ~lrr~inci>ted~ / k r~ld past 12sf c1+,1". cfl•o4 o fhr 09 tan . aa. PAGE 1 on. i'.','~4 fns I 5 „ r1 I~ ee, r S r 1 ~r5ehtl~ ra~ovsT As Iadros Rhd 4enf14w pt t1 a~ tht Cow+c -fa rpjot,4 -j4j~ ccrAC-Vif d~ta$1 as /~rosty~ pac~ared. 77i~~k Q6k. YCJL, wovid Te kI (IF Abort /oft, gpprfl-v W r Qdov't t'o vs7Qv-A I'n ►~4~f door 4c Y u1, h b w, -e Yoerzs rn vs~' p4 p~.f F,.I ~X S n ! f 1 f t, O ~ lW ~ O lJ ~ - 17 ri O PLANNING & DEVELOPMENT w t i' h t 5 1 h S. b9. 4 1 /ice - + Y ATTACHMENT 7 i i Denton independent School District Sir. l.tT n,tin~.rlL Interim Suyet fnMndwe 1907 N. rA ustSt. DeOhon,TX 76201 Y. 0. Rom 2387 Doman, TX 76202.2--UT 940-!W -0161 Puc 940.301.1093 ` No,ember 12.1998 Mr. Mike Jez City Manager City of Dcr 90n 215 CastMckinncy llcnwr, TX 76201 `I Nat Mr. Jc, On behalf of the Nnton Independent School District, it is my pleasure to announce that an agreement has been successfully negotiated for the dedication of IS school site within the development commonly referred to as "The Preserve at Pecan Creek." Taraland 1, Inc., has donated a 15-acre site that is located within the first phat of the development, An elementary school facility will be constructed on this property wt mutually agreed by both parties. i' . Sincerely, j/14S1.)kd RAy Bra., well Interiin Superintendent } i ' r I 70. , r. . 6 0 VOLLOL"ALI`LNIIDDDNAL'OII O~ab'66~~,f.[.ILE I I (1Yr[1. II m e~Y ATTACHMENT 8 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AN AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 15.088 ACRES OF LAND LOCATED ON THE EAST SIDE OF SWISHER ROAD AND IMMEDIATELY WEST OF THE INTERSECTION OF SWISHER ROAD AND EDWARDS ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mathew Goodwin, on behalf of Marc Footlic, has applied for a change in zoning for 15.088 acres of land from an Agricultural (A) zoning district classification and use designrtion to Planned Development 132 (PD 132) zoning district classifcatiou and use designation; and WHEREAS, on September 9, 1998, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WIIEREAS, the City Council finds that the change bi zoning will be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION . That the zoning district classification and use designation of the 15,088 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from an Agricultural (A) zoning district classification and use designation to Planned Development 132 (PD 131) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II. That the City's official zoning map is amended to show the change in zoning district classification. O SE("fION 111. 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 v;nlated shall constitute a separate and distinct offense. SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby diro ted to cause the caption of this ordinance lobe ® published twice in the Denton Reco•d-Chronicle, a daily newspaper published in the City of Dent-%:% O , Texas, within ten (10) days of the Lite of its passage. rvM'71. 0 1 a~ao>r ' i igHeUVxlwwatmmNOld oa~oarend weiioar urc.r PASSED AND APPROVED this the day of 61998. t JACK MILLER, MAYOR ATTEST. JENNIFER WALTERS, CITY SECRETARY r BY: i APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY e x~Y Q c e~~ BY, i 'I 1 r, aa. ' 72, •4 4 J r 1 10 ss r, s#~ x~ 32 x i ll Exhibit A E FIELD NOTES 15.088 Acres All that certain lot, tract, or parcel of land situated in the Gideon Walker Survey, Abstract Number 1330, Denton County, Texas and being part of First Tract shown by deed to L.F. Powell, recorded in Volume 395, page 236, Deed Records of Denton County, Texas and being more particularly described as follows: Commencing at the southwest comer of said Powe!l tmct; Thence North 04 degrees 22 minutes 10 seconds East a distance of 438.15 feet; i Thence South 85 degrees 37 minutes 09 seconds East a distance of 208.71 feet; Thence North 04 degrees 27 minutes 14 seconds East a distance of 104.14 feet; 1 1 hence North 85 degrees 37 minutes 08 seconds West a distance of 193.34 feet; Thence North 04 degrees 26 minutes 28 seconds East a distance of 138.25 feet; Thence North 04 degrees 44 minutes 26 seconds East a distance of 346.16 feet to the Point of Beginning, an von pin found at the northwest comer of Tract One to Jerry Kuhrdw, recorded in Volume 1134, page 647, Deed Records, Denton County, Texas; Thence North 04 degrees 44 minutes 29 seconds East a distance o[283.1 feet to an iron pin found; Thence North 72 degrees 08 minutes 23 seconds East a distance of 271.89 feet to an iron pin found; Thence North 88 degrees 59 minutes 12 seconds East a distance of 326.69 feet to an iron pin found; Thence South 86 degrees 21 minutes 22 seconds East a distance of 150,03 feet to an iron pin found at a fence comer; Thence South 86 degrees 20 minutes 48 seconds Ent with a fence a distance of 704.84 feet to a fence comer post; • Thence South 03 degrees 44 minutes 34 seconds Wen with a fence 423.79 feet to an iron pin found at , the northeast comer of said Kuhnke Tract; ~I Thence North 86 degr"s 23 minutes 49 seconds West with Kuhnke's north line 1632,3 feet to the Point of Beginning and containing 15.088 acres of land, i q 73. In 32 X I , - to n •'ll,.,ALVA i'➢CUfIID,.YOtur d.. ~dlirr,tl rel I O4~e. v~ ak ATTACHMENT 9 ORDINANCE NO. 1{ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE APPROVAL OF AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 132 (PD 132) ZONING DISTRICT, AS THE 427.616 ACRES DESCRIBED IN EXHIBIT "A" APPLY TO THE 414.9 ACRES OF LAND DESCRIBED IN ORDINANCE 89-101 AND ORDINANCE 88-166; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXrAUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on Oclobcl :8,1988, by Ordinance 88-166, the City Council approved a change in zoning for 414.9 acres of land to Planned Development 132 (PD 132) Zoning District, as more particularly described therein; and WHEREAS, on August 15, 1989, by Ordinance 89.101, the City Council approved an arA.r ...Iment to the concept plan of Planned Development 132 (PD 132) zoning disrict and a detailed plan for 217.3 acres of land, as more particularly described therein; and WHEREAS, on March 11, 1998, Mathew Goodwin, on behalf of Marc Footlic, appl;ed to amend the approved concept plan for Planned Development (132) zoning district and provide for a detailed plan for 138.992 acres therein; and WHEREAS, on September 9, 1998, the Planning and Zoning Commission unanimously recommended approval of the rezoning of 15,088 acres from an Agricultural (A) zoning distric! to Planned Development 132 (PD 132) and a concept plan for the expanded zoning district; and WHEREAS, on November 7, 1998, in the previous public hearing to this one, the City Council approved ent 132 th(PD e 132) rezoning zoning 1 .08 8 a district; cre from an Agricultural (A) zoning district to Planned WHEREAS, the City Council rinds that the proposed concept plan will be in cc.,iptiance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L That Ordinance 88.166, providii:g approval for the rezoning of 414.9 acres to Planned Development 132 (PD 132) zoning district and Ca: or'ginal concept plan for said district, and Ordinance 89-101, providing approval for an amendment toe portion of the original concept plan and for a detailed pima covering 184 2 acres within PD 132 zoning district, arc amended by the 0 approval of a new concc: t plan (The Preserve) attached hereto as Exhibit B and inc,)rpptated herein by reference, and more rarticularly described in the legal description for 427.616 acres of real p property attached hereto and incorporated herein by reference as Exhibit A, subject to the following conditions: JAI 79. 1 1 tam a 32 x 1 I ~ rY , L yR/3:YY b(~.IaLYOI~WUltaOfslYu~Ow~vOif..ernlt+,a~air,.o~,~11~4 , ! p 1. Prior to the issuance of any building permits for lots on Tracts C, H, I J, K, L, M, I 0, and P, as identi fied on the concept plan, adequate transportation infrastructure in accordance with the approved Traffic Impact Analysis (TIA) shall be constructed. 2. If a revision to the City of Denton's Long Range Thoroughfare Plan requires a change in the alignment of the spine road and the configuration of adjacent tracts, the maximum number of units/lots within each eifected tract shall be allowed to increase or decrease accordingly, while the cumulative total for all effected tracts shall be no greater than originally permitted by the concept plan. SECTION II. That the provisions of this ordinance shall govern and control over any r conflicting provisions of Ordinance 88-166 and Ordinance 89-101 as they apply to the 427.616 acres of land described in Exhibit A, but all provisions of Ordinance 88-166 and Ordinance 89.101 as they apply to the remaining portion of PD 132 zoning district not herein amended, shall continue in full force and effect. SECTION RI. 1-hat the City's official zoning map is amended to show the change in zoning district classif ration. SECTION VJ, 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 V. That this ordinance shall becorne effective fourteen (14) days from the date of its passage, and the City Secretary Is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ton (10) days of the date of its passage. y: PASSED AND APPROVED this the day of , 1996. JACK MILLER, MAYOR ` ATTEST: JENNIFER WALTERS, CITY SECRETARY e ~ o ~I BY: i rr' t= y r ) 75. i I r e r C y x M,IAIYRI'LWmLtfl411L'0w•0wMis~.wt,wlloi~.0r~11~v 1 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY t BY: Aa , i I I ~ .1 i 4 I 1 t q 1 ~ e 1 r 76. ?r 25xlo 32XI❑ 7 7 7 s u i EXHIBIT A (PAGE 1 OF 3) LEGAL DESCRIPTION BEING a 427.616 acre tract of land in the G. Walker Survey, Abstract No. 1330 and the M. Durham Survey, Abstract No. 330 situated in the City of Denton, Denton County, Texas and the Extra-territorial Jurisdiction Of Denton County, Texas, said tract being conveyed to Tara Land 1, Ltd. by deed recorded In Denton County Clerk's File No. 97-POO57731: BEGINNING at a point found at the intersection of the North right-of-way line of the K.K. 6 T. Railroad 1100' ROW) and the East line of a tract conveyed to Patrick D. O'8rien and J. Steven , Rogers by deed recorded In Volume 934, Page 146 of the Deed Records of Denton County. Texas: THENCE N00'14'05'4 along the East line of said O'Brien/Roger, tract. 5586.69 feet to a point. said point being on the South right-of-way line of Pockrus-Page Road (50' ROW); THENCE 589'55'13'E along the South right-of-way line of said Pockrus-Page Road, 1077.93 feet to a point; THLNrF N29'36'38'E along the South right-of-way line of said Pockrus-Page Road, 296.73 feet to a point: THENCE N00'13'50'E along the East line of Swisher Road (50' ROM), 1511.72 feet to a paint on the South line of a tract of land conveyed to Joy Powell by deed recorded in Volume 1695, Page 921 of the Deed Records of Denton County. Texas; THENCE N89'53'06'E, 660.36 feet to a point; THENCE N89'51'38'E, 975.20 feet to a point found for the Southeast corner of a tract Conveyed to bob and Beverly Cook by deed recorded in Denton County Clerk's File No. 93 80053971; THENCE NOO'34'14'E, 320.09 feet to a point; THENCE NO1'54'11'W, 34.17 feet to a point: THENCE NOO'll'49'W. 331.30 feet to a point; THENCE N00'02'46'W, 346.64 feet to a point found for the Northeast cornec of a tract of land coneeYeO to Johnny and Lynda McCormick by deed recorded in Volume 3238, Page 587 of the Deed Records of Denton County, Texas; THENCE S89'48'51'W along the North line of said McCormick tract, 1632.50 feet to a point; THENCE S85'08'53'W, 4.99 feet to a point found for the Northwest corner of a tract conveyed to Johnny and Lynda McCormick by deed recorded in Volume 198, Page 906 of the Deed Records of Denton County. Texas, said point also being on tric East right-of-way line of said Swisher Road, THENCE NGO'57'09'E along the East right-of-way line of said Swisher Road. 283.10 feet to a point, said point being tme Southwest earner of a trdCL conveyed to LaJuana Leather wdod by document recorded in Denton County Clerk's Flle No. 96-R3068t-211 of the Deed Records of Denton County. Texas; THENCE N68'21'03'E, 211.85 feet to a point: THENCE N85'II'52'E, 525.69 feet to a point: " THENCE N89'51'18'E, 150.03 feet To a point; THENCE N89'51'S21, 704.81 feet to a point, said point being found for the Southeast corner of a tract of land Conveyed to Mllten Robert Jacobs and Lynn 54 Willard by deeds recorded in Volume 1310, Page 110 "nr Volume 1330, Page 327 of the Deed Records of Denton County, Texas, THENCE N00'02'46'W 31.62 feet to a point; THENCE NOO'C8' 14'11, 3 4 26 feet to a point; 0 THENCE NO1'21 16'i. 271.72 feet to a point: Q ' TfIENCE '100*23'18'W, 534,87 feet to a po.nt found for the Northeast Corner of a tract conveyed to Robert and Carol 8ee,1e by deed recorded in Volume 1001. Page 927 of the Deed Records cf Dentin County, Texas; THENCE N89'30 46'E, 1261.21 feet to a point found for the Southeast corner of a tract conveyed to Ra mond and Judith Grimes by deed recorded in Volume 1411, Page 654 of the Ceed Records o~ Denton County, Texas 77. r ~ _ C O V EXHIBIT A (PAGE 2 0F» THENCE N00040'32'W, 83,57 feet to a point, said point being the Point of Curvature of a non-tangent circular, curve to the right having a radius of 1140.00 feet, a central angle of 27.53'59', a chord bearing of N1020 00'E and a chord length of 549.64; THENCE along said curve to the right, 555,11 feet to a point; THENCE N21'20'59'E, 698.84 feet to a point an the Southern line of a Corps of Engineers (COE) tract: THENCE S70'46'C9'E, 249.98 feet to a point; THENCE S24'35'32'E, 1163.69 feet to a point; THENCE N79'32'26'E, 244.71 feet to a point; THENCE S53'C3'40'c. 477.60 feet to a paint; THENCE S41 '05'07'E, 385.93 feet to a point; THENCE 541'34'28'E, 302.06 feet to a point: i THENCE S30'30'21'W, 360,72 feet to a point; t d, THENCE 551'07'36'N, 690.01 feet to a point; THENCE S23 1..1'04'W. 247.93 feet to a paint found for the Northwest corner of a tract conveyed to Hidden Valley Assoc.ation by deeds recorded in Volume 556, Page 6603 and Volume 551, Page 416 of the Deed Records of Denton County, Texas; Z s THENCE S89'44'52'M along the North line of said Hidden Valley tract, 705.60 feet to a point found for the Northwest corner of said Hidden Valley tract; E - 1 THENCE S00'20'38'E along the Nest line of said Hidden Valley tract, 766.06 feet to a point; THENCE S00'Ol'56'W a1or, the Nest line of said Hidden Valley tract, 711.82 feet to a point found for the Northwest corner of Hidden Valley Estates, a subdivision to the City of Denton, Denton County, Texas as recorded in Cabinet 0. Slide 377 of the Plat Records of Denton County, Texas; } THENCE S00'21'40'E along the Nest line of said Hidden Valley Estates, 776,91 feet to a point found for the Southwest corner of said HlUem Valley Estates, said point also being the Northwest corner of a tract of land conveye•, to Susanne Turner by deed recorded in Volume 842, Page 348 of the Deed Records of Denton County, Texas: q THENCE 500'21'10'W along the west line of said Turner tract, 248.16 feet to a point; THENCE S00'12'4I'M, 51.73 feet to a point found for the Northeast corner of a tract conveyed to James and Beverly Arrasmith by deed recorded in Volume 2275, Page 5 of the Deed Records of Denton County, Texas; THENCE S68'53'22'K, 354.12 feet to a point; ( x THENCE S82'53'53'W, 340,50 feet to a point; THENCE S89'21'38'W, 989.42 feet to a point; THENCE 596'39'39'W, 969.28 feet to a polrt; A THENCE 500'32'50'W, 100,92 feet to a point; THENCE SDO'53'03'E, 1070.15 feet to a point found for the Northeast comer of Shiloh Cemetery, an addition to the City of Centon, Denton County, Texas recorded in Cabinet J. Slide 43 of the r)at Records of Denton County, Texas; THENCE N69'07'07'W along the North line of said Shiloh Cemetery, 202,03 feet to a point for the Northeast corner of said Shiloh Cemetery; THENCE M '11'02'W, 79.97 feet to a point; f it I THENCE 502'30'56'E along the West line of said Shiloh Cemetery 424,20 feet to a point found i for the Southwest corner of said Shiloh Cemetery, said point also being on the North right-of-way line Of Shady Shores Road (50'ROW); i is 78. t ,4 j fi . 7 10 32 1 n G l r` a~YCae i } + r ~ EXHIBIT A (PAGE 3 OF 3) THEir.E N88%A '31'W along the North right-of-we line of said 5nady Shores Road, 586.31 feet to a point f-,04 for the lnterSectlon of the North right-Of-way line Of Said Shady Snores Road end the North right-of-way line of MK6T Railroad ;10O'ROwj' sold point also being the Point of Curvature fcr a non-tangent clrculer curve to the left having a radius of 2387.22 feet. a central angle or L,'47 55 a chord oearing of N39'39'26'K and a chord length of 614.87feet; THENCE along said rurve to the left and the North right-Of-way line of said Railroad. 616.58 " f.et to a point: THENCE N46'19'16'K along the North r10ht-of-way line OI said Railroad right-of-way, 277.07 feet to a point found for the Polrt o? furvature of a circular curve to the left having is radius of 1542.71 feet. a central angle of 28'29'14', a chord bearing of N62'33 45.K and a chord length of 759.15 feet: HENCE along said curve to the lelt and the North rig1ht-0l-war line of sold Railroad right-of-way, 767,03 feet to a point; ThENCE N76'a8'29'N alOn9 the North right-of-way line of said Railroad right-of-way. 213.89 feet to the POINT OF BEGINNING and containing 18.626.936 square feet or 427.616 acres of land. 40 I I I f i I.1 °w i i' E ~ZZ ~ lk F. 79. 1 b„' ti`rE tide N ~ t' 32 X 1 a.r~ t f , Q EXHIBIT B (PAGE I OF 2) I~ 1 MIDMAL O ~ NLIIOLNTIAL 1 O % !Il-~M.TIIL-, 1 I tNTIAI MSMINTIA .~.N.~. M i © ~ I ! + • ~N All ~ 1 / ~i1t'.•ri • I .ate 1 O \ AnaENnAE II \ J__ NLt DENTIAL 1 . o c a• 6 S t~NO ON}~~~ Nl UDLNTIAL J .196110,10171AL RESIDENT ~o ~ w :tea rs •ar .a rr s u• • I I is ~ • • - ~ ~ r' 11 % b, I I ( I I CONCEPT PLAN ! ~411II'I,I~I~ it PE THE PRESERVE DENTON, TIM I ¢Q I I i;l B0. or r ,;F 7 10 s2 10 . i it , , nulrnneru+Rrr t «.l ~taWt"bart' JIT 00*011 WA k 757 A yAa as e~~ T ~ 'i;\l "„yA{'t, i 4~,Pr,~ r N 1 l Iq RESIDENTIAL 4.0 W .ti wrY.r wn« rw «rsA.1 ' ~ cc N O MULTI FAMILY ri l.r es a«..n TOWNNOMEE R~•ur ~".wn is! as ~ ' r~ Ara ~ v . u «w." It.,? o , ah~~n "v `.~"+1 uarw a, ^ e 'p,v .gar n 1"'~ a. a n'+, ~n b. A . 'd`5`~ • 'µ.A~y~r~'\ 1.41Y ~'`1, ! ` yi~E.7~l~j rE , Mwrtti 0~~, 1 w rr--- LJI~,~ R.~R Y.~` RR Y. ` R y - . ;kR4 «r..«« I; Y'R"1 I~Xf m RESIDENTIAL 84 RESIDENTIA1. ~.T.O RISIOENTIAL • 10.0 r wry ~5 K ~d 31 2do [ e 0 ~a 1a(Y'WC1av.11MU,en O~TIIdluu OOru[nulaeuw<neP [.n.en.b[ _ I ATTACHMENT 10 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR APPROVAL OF A DETAILED PLAN FOR 138.992 ACRES LOCATED WITHIN PLANNE.n DEVELOPMENT 132 (PD 132) ZONING DISTRICT; THE SUBJECT PROPERTY IS LOCATED NORTH OF SHADY SHORES ROAD JUST NORTH OF 1.35 EAST AND EAST OF SWISHER ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on October 18, 1988, by Ordinance 88.166, the City Council approved a chan;e in zoning for 414,9 acres of land to Planned Development 132 (PD 132) Zoning District, as more particularly described therein; and WHEREAS, on August 15, 1989, by Ordinance 89.101, the City Council approved an amendment to the concept plan of Planned Development 132 (PD 132) zoning district aatd a detailed plan for 2173 acres of land, as more particularly described therein; and WHEREAS, on March 11, 1998, Mathew Goodwin, on behalf of Marc Foollic, applied to amend the approved concept plan for Planned Development (132) zoning district and provide for a detailed plan for 138,992 acres therein; and WHEREAS, on September 9, 1998, the Planning and Zoning Commission unanimously recommended approval of an amended concept plan for Planned Development 132 (PD 132) zoning district and a detailed plan for 138,992 acres located therein; and WHEREAS, on November 7, 1998, in the previous public hearing to this one, the City Council approved the amended concept plan for Planned Development 132 (PD 132) zoning district; and WHEREAS, the City Council finds that the detailed plan is in compliance with the concept plan for Planned Development 132 (PD 132) zoning district, thr 1988 Denton Development Plan and the 1998 Denton Plan Policies; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the detailed plan attached hereto and incorporated herein by reference as i' Exhibit B for 138,992 acres located within PD 132, more particularly described by the legal description attached hereto nd incorporated herein by reference as Exhibit A, Is hereby spproved . with the foPowing condition: , 1. Tract D shall require a new Detail Plan if any portion is developed as any land ;1se other than a public school and/or public park. J~4 f 82. ;0.5 x 32x • ,I I Z-98-037 SECTION II. That the transportation improvements attached hereto and incorporated herein by reference as Exhibit C shall be required with the development of Tracts A, B, D and 0. SECTION III That the City's official zoning map is amended to show the approval of the detailed plan. 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. j' SECTION V, 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 1 r' published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of ,1998, JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY j• . . BY. r • kk I 83. a ~C) !a 32x!0 I EXHIBIT A (PAGE 11`1 J) PROPERTY DESCRPTIO STATE OF TEXAS, COUNTY OF DENTONr Being a tract of land situated in the G. Walker Survey, Abstract No. 1330 in the City of Denton, fknlon County. Texas, and beI a portion of that certain tract of land described In a deed to Tao Load Inc. as recorded In County Clerk's File No. 97-R0057731 of the Red Properly Records of Denton County, texas 1RPRDCT 1, and also being a portion of that cerlaln called 3.000 acre tract of Send described In a deed to Barry A. Bow as recorded it County Clark's File No. 97-80043702, RPRDCT, amid being more palltulorlr described by melee and bounds as follow ln BEGINNING at a point at The InlersecHOn of Pays Road and Swisher Rood, some being on Inner at corner of sold Tao Lord, Inc. Tract, THENCE N 00.13':0' E. along a wulerly Hot of said Two Land, Inc. tract and In Swisher Rood, a distance of 1,511,72 feel to a northwest corner of sold Tao Land, Inc. tract, THENCE, deporting Swisher Rood, along The common norlherty lines of sold Tao Land Inc. tract and the soulherly limes of the tract* described in deeds to Jo Poets os recorded In Volume 1665, Pogo 921 of the Deed Records of Denton County, Texas 1DRDCT I, Greyer L. Crawford as recorded In Vokime 3229, Page 0920, DROCT and flob and wife Beverly Cook as recorded in County Clarks File No. 93-ROO53971, RPRDCT, the following, N 84.53106' E. a dislance of 680.36 feet, N'89.51'38' E. a distance of 975.20 feet to the southeast caner of said Cook Trott, some being an Inner at corner of said Taro Land, Inc, Iract, THENCE, along the common westerly lines of said Toro LW Inc. tract and the eoslerly line of sold Cook Tract, the eoslerly line of the Iracls described In deeds to Bo!t1 J. McDonnell, Russel McDonnell and wife, Oslo McDonnell as recorded in Volume 3013, Page 0540, DRDCT, Johnny F. McCormick and wife, Lyyeda Gayle McCormick as recorded In Volume 3238, Page 0587, DRDCT and Mena Powell as recorded in Voh,me 1695, Page 911, DRDCT, the folowingp N 00.34'14' E, a distance of 320.09 feel$ N 01.54'11' W, a dislance W 34.17 feel, N 00.11'49' W, a dislance of 331.30 feel, N 00.02'46' W, a distance of 397.50 feel to a point In the cenfertine of a proposed road, some lying in a circular curve to The left having a radius point that beat N 12,08'58' W, 500.00 feet, THENCE, deporting a common westerly line of sold Tera Land, Inc. Iraq and the eosferh tine of sold lane Powell tract, atom?hehe centerline of sold proposed road. Traversing sold Two Land, kit. Iroct the follawingi nortasterly, to said circular turve to The tell, 1hrov^h a Central oeglo of 13.22'26' , an ore length of 116.71 feet and having o cho S That leas N 71.09'4' E. 116.45 feel to the point of fongenty, r~ N 64.28'36' E. o distance of 3408 lest to The II of curraturo of a circular curve to the right, A having a radius of 1,000.001ee11 o wt,easterly along sold circular curve to the right, lhra ah a teMrd ongle of 16.29'18' , an ore length of 287.77 feel, amid having a chord that bears N 72.43'15' E. 286.78 fool, THENCE, depa'ing The centerline of sold proposed rood, traversing sold Tao Land, Inc. tract the following, S 01.23156' E, a d4lonu of 790.50 feel, N 88.14'28' E, o dislance of 0.31 feet, p S 59.07'17' E, a dislance of 269.09 feet to o point M Me tenlerllne of a second proposed food, some lying In a circular curve to the right having a radius point that leas N 65.32 'It' W, 1, 350.00 fort, 1 8S . ~10 32 X I , 4 0 .cs.rwer EXHIBIT A (PAGE 2 OF 3) THENCE, along the cenleriine of sold second proposed road, lravorsing sold Toro Land, Inc. tract the folowlegi soulhweslerly, a" said circular curve to the right Through a central angle of 26.54'40' , on arc length of 634.08 feet and having a chord that bears S 31,55'09' W, 628.27 toot to the point of longency, S 51.22'30' W a dlslon:e of 438.85 feel to the point of curvature of o circular curve to the left, hoving a radius of 1,000.00 feel, sculhweslerl , along sold circular curve to the left, through a central angle of 15.22'37' , en are length of 268.36 feel, and having a chord tMl beard S 43.41'11' W, 267.57 feet to the point of fongency, S 35.59'53' W, a dlslonr:e of 223.57 feel to the point of eurvolu, i of o circular curve to the right, having a radius of 1,000.00 feet, southwesterly, atop sold circular curve to the right, through a central angle of 12.11156' , on arc length of 212.91 loot, and having a chord that bears S 42.05'51' W, 212.51 feel to the ji of longency, .6 48,11148' W, o distance of 472.21 feet to the point of curvature of o circular cure to the loll having a radius of 800.00 loot, southwesle11 , at" said circuao - rve Io the left, through a cenirol angle of 15.41116' , on arc length of 219.04 feel, and having a chord that bears S 40.21'10' W. 218.36 feel to the point of longency, S 32.30'32' W, ssinq of an approvlmote distance of 182 feet a common southerly line of said Toro Land, Inc. Iracl and the rwrthery fine of the oforemenlio+ed Bogan tract, sold point being e0e1e61, opproeimalely 17 feel from the common oorlhwesl corner of told Bogor tract and on Meer el corner of sold Taro Lend, Ina. Irocl, conllnulnq, traversing said Booan lracl, posslnq of on opprorksale distance of 214 feel a common easterly line of sold Tao Land, Inc. tract and weslery line of sold Sagan tract told point being southerly, oppro.lnwlety 27 feel from the common norlhwai Corner of sold Bolton ~racf and an Inner el corner a sold Tara land, Inc. bacl, conlinuinq, clog the centerline of sold second proposed rood and froverslrg sold Tara Lovl, Inc. tract for an overall distance of 510.24 feet to the point of curvature of a circular Curve to the right havlnq a radius of 1.500.00 feel, soulhweslerl , along sold circu,or curve to the right, through n cenlrot angle of 33.15'44' , on arc length of 80.81 feel, and having a chord that boors S 49.0%11251 W. 658.63 feel, THENCE, deporting the cenle,line of said secaad proposed rood. Irovers'ng sold Toro Land, Inc. Iroct IM f otlow i ng i ' 5 34.21'11' E. a distance of 249.45 feel, N 56.50'45' E, o dis!once of 260.65 feel, { N 81.18'35' E. a dislonce of 267.04 feel, N 46.33'00' E. a distance of 77.65 feet, N 65.10'04' E. a distance of 134,35 feel to an easterly line of sold To,a Land, Inc, frocl, same being rsor the east time at said Swlsher Rood, THENCE S 00.32'50' W. aion9 an eoslerly line of sold 'fora Land, Inc, tract and rear the cost line of sold Swisher Rood, o distance of 337.93 feel to a point, said poinl being called S 21,24'53' W, o didonce of 52.36 feet from the Intersection of the north line of Chopporral Drive and the eosl time of sold Swlsher Road, 0 • ' THENCE S 00.53'03' E, along on easterly Ilne of told Tao Land, Inc, frost and In sod Swisher Road, e distance of I, 070.15 feel to a point In Swlshir Rood, some being the northeasl corner of the Irocl of toed i described In a Ouilclaim deed to lake Cities Munlcipol Willy Authority as recorded In Voiamo 1929, Pogo 830, DRDCT, and a southeast corner of sold Two land, kne. lrocl and also bef.,q eHuofed northerly, opprovirnololit 80 feet from the norlheost corner of Shloh Cemelery, i 85, 2 h K I o 32X wievw ~ Z MAMre EXHIBIT A (PAGE 3 OF 3) THENCE N 89.07'07' W, deportlInr,p~ $old Swisher Rood, obna a common southery time of sold Tara Lain, Inc. tract and the northerly lira of sold We Cities Kmlciad Uldlly Authority Iroct, posting of on approximate dblonce 01-202 feel the common northwest corner o sold Lake Cities Munlc; Otgily Aulhori y Iroct and an inner all corner of sold Toro Land, Inc, tract, contlnuing, Iravorsk+g told Toro La'd, Inc, tract for on overog distance of 234,88 feel, THENCE, traversing told Tara Lord, Inc. tract the following' N 01.53116' E, a distance of 335.14 feel, N 16.05110' W. o distonce of 309.50 feel, N 82.05120' W, a dlstonce of 330.74 feel, N 07.19'02' W, a distorts of 426.04 feet, N 34.21111' W, o dislonce of 252.75 feel to a point In the centerline of the oforementioned second proposed road, THENCE, along The centerline of said second proposed rood, traversing sold Taro Land, IN. tract the following' S 66.32'54' W. a distance of 282.41 feet to the point of curvature of a circular curve to IM left, having a rodlus of 1,000.00 feet, southweelerly, along sold cirala curve to the loll, lhrouQh a central angle of 35.43'44' , an arc length of 623.59 feel, and hoving a chord that boors S 48.41 02' W, 613.53 feel, S 86155'22' W, deparNnO tin centerline of sold second proposed rood a distance of 701,03 feet to o common wet line of sold Taro Land, Inc. Irocl and The east line of that certain tract of load described N o deed to Patrick D. O'Brien and J. Sloven Rogers as recorded In VoWe 934, Pop 146, DRDCT, THENCE N 00.14'05' W, along The i,rvs common to sold Toro Land, Inc. frocl and sold O'Brien and Rogers tract, o distance of 1, 395.50 feet to o point In Pogo Rood, some being a northwest caner of said Two Land, tic. tract, THENCE S 89.55'13' E, with o northerly line of sold Toro Land. Ire, tract and In Pogo Rood, a dislanae of C 1,077.93 feel, THENCE N 89.38'38' E, conllnui4 d o northerly line of told Taro Land, Inc. tract acrd In Pow Rood, a dislonce of 296.73 feel to the POINT OFF GWNiNG, oral containing 6,054,510 sauore feet or 18.992 acres of land, mare or less. r o Itul l r i 86• , 10 32XID, 2.5 x i • aces . • , r C N t' EXHIBIT B~ (PAGE I OF 2) r"" .KVIA aY•lr J ~ IMIRrTMYl4 11 ' • ' , w„Y. ~1J r S t ~ , )ref C , Boer 1 ' . 1urK 7 i ' on rI t ,'.,f ravn rrti• as Ir \ I afar At ~I f: .rte ~r1 1r.~~•.~ J LC9Y' I x'$178 raaeu ~'i:~ - nwe PA G Err OA DI f I ' iju CH.i cea .rwrfl•r ~V1lL NON l~ J 1 N ~ 1YCt t ~ W ♦ O i rYawwl. \ to_a a1. 1an• r a r_•~ ♦ 5 I • r M. 41.1 ~~5 ♦ J eoa.~rr I r•r•t rrla N. wnr rwcr , 1 '.7tJ1R21li~~A~lr Ito ~ r.• r ru rr a rY u. rs r inrnvW. 2 r C-. ~ Y rryw M : • • : • Y 3 I r'IIj I+`i~ p Il DETAILED PLAN ' 1 hlIl I T ; ii THE PRESERVE lil 141 OENTON, TtXAt 87. .:;5 32X aff Q Q r , all I~ EXHIBIT B (PAGE 2 OF 2) TYPICAL CORNER LOT REOVIREMENTi TYPICAL LOT REQUIREMENT! ' I nerW rnM i ~r.b NOM I' wan ~ .r , ss ~ a~ I 1 rrra ; rTt y ~ t 1 W « p if ~44 ~r J I ~ I n•cn ur wn r - nrnr ii ii rar~Wwnw ~I I ~ I f I r1•sr ur rn w . I MI•W Nn nI _ t m 7 7 ~ I. ~ a l d~~ 1~ n'~{rrr1P I n~ t ! r 2, i n 1 I } j~•~1r~ ~jr""rya; `tyr 1`ra°d`ry,~ I ; f «A/'t a t'n¢1`r~~".If~~°,/ , ,nllt ~II ' MrlH wnw S1 • %41P pir n, / wn M L M,r' ! - ~ c • «w 1~4 +~w i ~1 f•,-}, /ppy~~ ,~.,4 k y~~i:*^r~ ,fin yV•W V, ~ ~ Yk 'M "i51•bl 1 C v y.•'u N I i ■y{ OtiY«i~ 1 ~ y CIS ~ ^"'6 if Its F i :if If ~.4+ ~ vy '.r« 7 .,~Y h Iw ~«n ~ ~1 11 ! c'~ r "fe~'m a~*F, ~ •~'«q. P. r r '.10 r t t 'r < t ~~F,'`4 y i., TrY.,~ yha'e, r0 , . it . r 1 r ~II ~~lA W wM1 M ~~I I I O j T~ ~I < f I i I iINOL[ PAWLY LOT R[OUIREMENTA THE PRESERVE I= OENTON, TEKAS A ~ +z III, es. IL yr ~ 4Y! f~^1 32 x r ~rM~ • 0 a.lvny9p Z-98-037 EXHIBIT C TRANSPORTATION IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF TRACTS A, B OR G N TRAl RTATION IMPROVEMENT TRIGGERED BY 1 Signalization of Spine Road at 1.35 Frontage Road based on Warrant Study Warrant Study shall begin Approved by Tx DOT, with the Development of Tracts A, S. and 0 2 Interim right turn lanes at Spine Road and 1.35 Service Road (northbound Development of Tracts A. and westbound). B, or 0 (or C) 3 Construct Spine Road from Shady Shores Road (Old US 77) to northern, Developm mt of Tracts A boundary of Tract A as a two-lane 25-foot back-to-back street section, 8-inch of Q thick concrete or 10-Inch asphalt. 4 Reconstruct Spine Road from 135 Frontage Road to Shady Shores Road as Development of A, B, and a 4-lane divided street, 8-Inch thick concrete or 10-Inch asphalt, ( ; (or Development of _ Tract c) 5 Construct Spine Road from the northern boundary of Tract A to the creek Development of Tract 0 bisecting Tract 0 as a two-lane 25-toot back-to-back street, 8-Inch thick concrete or 10-Inch asphalt, 6 Construct Spine Road from the creek bisecting Tract t3 to Edwards Road as Development of Tract D a two-lane 25 foot back-to-back street, 8-Inch thick concrete or 10-inch thick rJ. K, L. A1, N, O, or P) asphalt. i 9 Disconnect Swisher Road to the north of Tract S. Development of Tracts A. Bor O 10 Reconstruct Swisher Road from Shady Shores Road to the northern Development of Tract B boundary of Tract B as a W, (2) lane rural road secton, 6" thick. Road width shall be 24' unless documentation shows substantial disruption or potential ` destruction of existing tree cover Is likely to occur. In this Instance, an arternate road section to be no less than 20' wide shall be em nioyed. 14 Construct Edwards Road between Swisher Road and Spine Road as a 36- Development of Tract 0 foot back-to-back street, 6-inch thick asphalt or concrete, with no parking of (L, M, N. or 0) dire.t driveway access. 15 Remove Pockrus Page Road between Swishe Road and Spine Road Earlier of ; Construction of Edwards Road or, Uove:up upment of Tract D A minimum of 80 feet ol,dght of way will be dedicated for Spine'oad with an additional 10-foot right of way reserved c each side for future acquisKlor, and widening. An additional 10 foot right of way (120 feet ultimately) , be reserved for a distance of 250 feet each side of the following 3 intersections to accommoda future turn lanes. 1, Spine Road and Shady Shores Road 2. Spine Road and the road to Tracts if and 0 3, Spine Road and Edwards Road . These Transportation Improvements are based on development of The Preserve, which assumes a generally south-to-north phasing pattern. Should the development pattern shlfi due to external Influences, the list of required Traffic Improvements shall be revised accordingly. Definition of Tract Development - Platting of any portion of a specified tract. 89. Fyyy',~~~. 25 < 32x10 A I f Agenda No G .2 Agenda Itam AGENDA INFORMATION SHEET- AGENDA DATE: November I1'a, 1998 I DEPARTMENT: Planning& Development ' CMIDCMIACM: Rick Svehla l i i S E Consider adoption of an ordinance of the City of Denton, Texas, artending Chapter 31 "Landscape"of the Code of Ordinances of the City of Denton providing for new standards for applicability of ordinance when remodeling, redeveloping or reconstructing; providing for a new list of exclusion from the ordinance; Froviding for new measuring of trees under tree requirements and providing new credits for preservation of trees; providing definition for landmark tree and procedure for designation; providing for new replacement requirements on public property; providing for an alternative landscape plan; providing a penalty in the maximum amount of S500,o0 for violations thereof; providing a severability clause; providing a savings clause and providing for an effective dal, (The Planning & Zoning Commission recommended approval, by a vote of 4-0, witb 3 absent.) BACKGROUND Staff has proposed several amendments to the City's Landscape Ordinance. City Council members ar: scneduled to consider adoption of the amendments on the November 17'h, 199b. During the November 10', 1998 work session, Council members asked staff to expand the list of tree species cligibx for preservation credits, and tabled the creation of a "20% Open Space" Task Face for discussion at a future date. No other revisions ware made. Most of the proposed amendments are intended to make ordinance compliance more reasonable for prop", owners without sacrificing ordinan. a objectives. Details of the proposed amendments are provided in the next section of this report. Exhibit A contains the draft amendments only, and is the formal ordinance that will be considered for adoption by the Council. Exhibit B contains the entire Landscape ordinance, identifying the: context and location of proposed additions and deletions. Exhibit C contains detailed explanatiors of seven issues that were raised when changes to the Landscape Ordinance were first being raised. OPTIONS Options id:ntified by staff can be found in Exhibit C. • RECOMMENDATION Staff recommends approval of the draft Landscape Ordinance amendments. The Selected Species List has been revised to allow tree credits for any existing tree, as per the tree credits table found in Section 31-6(4)a of the ordinance. i $-,HEDULE OF PRQ,LCY • City Council Adoption: November IV% 1998 Earliest Probable Effective Date: December Yr 1998 { 0 0 PRIORACTIOYIR %iF1y t 1 The landscape ordinance, Chapter 31 of the City Code, was adopted by City Council on April T°, 1998 j and became effective on May 1 1998. Planning staff was asked to provide a performance evaluation t i "2t>,x ID 32x I o I IBM e once the ordinance had operated for a sufficient period of time. The landscape ordinance has generally performed as intended during the last four months, but +ome changes should he made, as identified in the proposed amended ordinance (Exhibit A). A chronology of meetings that led to ordinance development is provided be'ow: ANAL RDINANCE Public Meeting: December I Ph, 1997 Planning & Zoning Commission Work Session: January 14d', 1998 j Keep Denton Bea+Atiful Tree Board Mtg,: January 21", 1998 Planning & Zoning Public Hearing; January 28"11998 (approval, 5.2) City Co+mcil Work Session: February 101 1998 City Cuunc3 Public Heaiq: February 17d'' 1998 City Council Work Session: February 24d', 1998 Keep Denton Beautiful Tree Board Meeting: February 25'", 1998 Chamber of Commerce Meeting: February 276', 1998 City Council Public Hearing: March 3rd, 1998 City Council Work Session: March 24'", 1998 Chamber of Commerce Meeting: : pril 2"4, 1998 City Council Public Hearing: April 7d', 1998 Ordinance Adopted: April 7d', 1998 EtTecrive Date: May 10, 19-8 l PRQPO ED ORDINANCE AMENDMENTS r j City Courcil Work Session August 25 , 1998 Planninp Ilk Zoning Commission air refing September 9d', 1998 Keep Dc ,on Beautiful Tree Board Meeting September 10% 1998 Chamber of Commerce Task Force Meeting September 24 1998 Planning & Zoning Commission Briefing September 20h, Irg P&Z Public Hearing / Recommendation October 28'", 1998 (approval 4-0) City Council Public Hearing: November 3rd, 1998 l City Council Work Session: November 100', 1998 i c~~►SI 8J♦~~ r . ExNbit A: Draft Revised Landscape Ordinance Exhibit B: Draft Amendments Ordinance S , ~ 4 { Respectfully submitted: • Davi rr I ~ ~ e ~ Director of Planning and Development s { 2 I X 32 ❑ lam& 2 5 I 0 I Exhibit A ORDINANCE NO. 98- AN ORDINANCE OF THE CIPY OF DENTON, TEXAS, AMENDING CHAPTER 31 "LANDSCAPE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON PROVIDING FOR NEW STANDARDS FOR APPLICABILITY OF ORDINANCE WHEN REMODELING, REDEVELOPING OR RECONSTRUCTING; PROVIDING FOR A NEW LIST OF EXCLUSION FROM THE ORDINANCE; PROVIDING FOR NEW MEASURING OF TREES UNDER TREE REQUIREMENTS AND PROVIDING NEW CREDITS FOR PRESERVATIONS OF TREES; PROVIDING DEFINITION FOR LANDMARK 'FREE AND PROCEDURE. FOR DESIGNATION; PROVIDING FOR NEW REPLACEMENT REQUIREMENTS ON PUBLIC PROPERTY; PROVIDING FOR AN ALTERNATIVE LANDSCAPE PLAN; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROS ;DING FOR AN EFFECTI ~ E DATE. WHEREAS, the City Council for the CRy of Donlon, Texas has determineU that the continued growth of the City of Denton Is straining the ecological and esthetic environments of the City of Denton; and, WHERFAS, the City Council for the City of Denton, Texas finds that growl, clear cutting, mass grading, and the Increase of impervious surface land coverage continues to diminish the forests, trees and natural conditions of the City of Denton; and, WHEREAS, the City Council finds that it is In the public interest to insure that raw developments In the City of Denton will help preservation, protection and enhancement of the ecological and esthetic environments of the City; and, WHEREAS, the City Council passed a new Landscape Ordinance on April 7,1998; and, WHEREAS, the City Council recognizes that certain amendments to the ordinance are needed In order to produce the der'red results of the Landscape Ordinance and, WHEREAS, the City Council has conducted a public nearing on the proposed regulations contained herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: ` SECTION That of the Code of the City of Donlon, Texas ,tie and the same Is hereby amended by deleting the term "Monarch Tiea" and replacing it with She term 'landmark Tree" and revising such definition In Section 31.3 entitled "Definitions" by defining such term to read as follows: 0 Sec. 31.3 Definitions. { Landmark tree: A tree that has been determined to be of unique community value because of Its size, specie, age, form, historical significance, or other unique characteristics. SECTION II. That Chapter 31 "Landscape" of the Code of Ordinances Is hereby amended by revising Y 1 'l11' subsection 11, and by the addition of a subsection 13) to Section 31-4 entitled `Appllcabi ity' to read as follows: i Sec. 31.4 Applicability. i Landscape Code Revisions Ordinance Pagel November 17", 1998 3. i , . 4 r. 25 K 0 32X U I I (1) A11 property located within the city limits of the City of Denton Is subject to the provisions of this article. Clearing and grading permits shall be required for all property prior to the commencement of clearing and grading activity. It shall be unlawful to commence any clearing or grading activity without first obtaining a clearing and grading permit. Complete and accepted tree Inventory plans shall be required prior to preliminary plat approval Approved landscape plans, which may also demonstrate satisfactory clearing and grading requirements shsil be required prior to final plat approval, Approved plot plans shall be required prior to issuance ;r b.dlding permits, and Inspected for compliance prior to final inspection andlor issuance of the certificate of occupancy. (2) The requirements of this chapter will cease to be in effect upon the satisfactory completion of the final inspection for single-family end duplex residential dwellings (3) When remodeling, redevelopment, or reconstruction Is proposed on platted property that would result In an expansion of gross floor area, parkng lot area, or vehicular surface area, the following provisions shall apply: a. When remodeling, redevelopment, or reconstruction Is proposed on platted property that would expand existing gross floor area of the lot's utructure or structures by less than twenty-five (25) percent, the proposed activity is exempt from the provisions of this article. b, When remodeling, redevelopment, or reconstruction Is proposed on platted property that would expand existing gross fluor area of the lot's structure or a'.ruclures by twenty-five (25) percent or more, but less than fifty (50) percent, only the portion of the site where the expansion Is located Is subject to the provisions of this article, c. When remodeling, redevelopment, reconstruction, or expansion Is proposed on platted property that would expand existing gross floor area of the lol's structure or structuros by fifty (50) percent or more, the entire property must comply with the provisions of this article. d, When parking lot or vehicular surface area Improvements are proposed that would result in en Impervious surface expansion of twenty-five (25) percent or greater, or would result in Impervious surface reconstruction amounting to twenty-rive (25) percent or greater, the requirements of Section 31.7(1) shall be applied only to (he area where the expansion or reconstruction occurs. This provision shall apply only when such improvements are not part of a structural remodeling, redevelopment, or reconstruction proposal. SECTION III. That Chapter 31 "Landscape" of the Code of Ordinances is hereby amended by revising subsection (2) of Section 31.5 entitled "Exclusions" to read as follows: Sec, 31.5 Exclusions. (2) The following areas shall be exempt from the provisions of this article: a. The Central Business District, emended as shown in Appendix A; b, The Fry Street Development Corporation Boundary as shown In Appendix B, c, The Denton Municipal Airport as shown in Appendix C; and d, The Denton Municipal Landfill. SECTION IV. That Chapter 31 "Landscape" of the Code of Ordinances Is hereby amended by revising subsection • (1)b, subsection (4), subsection (5), subsection (7)b of Section 31.9 Article Ii. Tree and Landscape Provisions 9 t entitled "General Provisions" to read as fol!ows: i' RSA ARTICLE IL TREE AND LAND PROVISIONS Landscape Code Revisions Ordinance Page 2 November 17"',1998 4. y, h % Cl 32 x I O r o , IVAN" 0 W11114151111111 l , Sec, 31-6 General Provisions, (1) Tree Requirements ( All trees planted to satisfy the tree standards must be a minimum of three (3) Inches in caliper measured six (6) Inches from top of container. " (4) Tree Credits a. Preservation of existing trees may be used to receive credit toward meeting the Tree Standard of 15 trees per acre, If the trees are healthy and without substantial damage or defect, Tree credits shall be earned In the following Increments: DBH of Exlstino Tree Tree Credits 3 to g Inches 1.0 G+ to 15 inchas 1.5 15+ to 21 Inches 2,0 21+ to 27 in hes 2.5 27+ Inches 3.0 Landmark Tree 5,0 { (5) Landmark Trees Landmark Tree nominations will be prepared by the Oirector, during Landscape Plan review or after the evaluation of nomination proposals submitted to the Director. Those specie with a minimum diameter e of at least 75% of the listing In the most current publication of the Taxes Forest Service Bid Tre RoMf[y are eligible for Landmark Tree nomination, If a tree eligible for Landmark nomination Is so designated by the Director, the owner of the tree must either preserve the tree In accordance with Section 31-6(4)c of this article or provide replacement trees with a combined caliper in inches, measured six (6) Inches above the top or container, equal to one-half (50%) of the diameter In Inches, four and one-half (4Yt) feet above ground ievel, of the designated Landmark Tree that is ren.uved. If a tree Is designated as a landmark tree II shell be unlawful for an owner of the bee to fail to preserve the tree or fail to replace the tree within six (6) months of the time of the clearing or grading, as required by this article, (7) Public Property a. Construction Projects located within 1 ublic Righl"Ir-Way and Easements: The area defined by project lindl lines will be used to determine tree standard compliance, Trees removed must be O replaced In accordance with the table provided In this section. If replacement trees cannot be planied wilt In the project area, they most be planted within areas designates, by the Director and cunsislent with city open space plans. OBH of Tree Replacement Exislina Treo Reculrement 8 to 12 Inches 1,0 ~ 12* to 24 inches 1.5 O 24+to36 Inch as 2,0 y 36+ Inches 25 1~r SECTION Y. TheI Chapter 31 "Landscape" of the Code of Ordinances Is hereby amended by adding revised subsection (1) of Section 31.8 entitled "Mainlenance" to read as follows; E Landscape Code Revisions Ordinance Page 3 November 17"', 1998 5 r o l •c M14'fa (1) Maintenance Requirements e. The property owner or hlti agent shall be responsible for the maintenance, repair and replacement of all preserved vegetation and landscaping plants and materiels es may be required by the provisions of this article. It shall be unlawful for a property owner or hislh.tr agent to fail to maintain, repair, or replace any vegelation and landscaping plants or materisi that are required by this chapter. Once the final inspection has been completed for a single-family or duplex residential dwelling, the requirements of this article no longer apply. SECTION VI. That Chapler 31 "landscape" of the Code of Ordinances Is hereby amended by adding subsection (2)b of Section 31.9 entitled "Administrative Review and Permilting" to read as follows: ARTICLE IV. ADMINISTRATION REVIEW AND PERNII7TING M Sec. 31-9 Administration, Rerlew and Permitting. (2) Alternative Compliance b, Alternative Landscape Plan 1. Any property ovner or developer may elect to submit an alternative landscape plan for City Council review and approval that fails to meet the requirements of this article, but In the opinion of the applicant, satisfies the spirit and intent of this article, The Planning and Zoning Commissio . shall review the alternative plan and submit an advisory opinion to the City Council prior to City Council action. SEPTiON VII• That Chapter 31 "Landscape" of the Code of Ordinances is hereby amended by revising Section 31.15, entitled "Selected Species List", by revising the "Large and Medium Trees" table and "Accent I Small Trees and Large Shrubs" table to read as follows: j Sec, 31 •I5 Selected Species List. I Large and Medium Trees Common Name Botanical Name Native Height d Wdth Caddo Maple Acer barbaNm 'Caddo' 00'x 40 Bi tooth Maple Acer rand identatum Native 50' k 30' Texas Suoe ea Aescutue arouta Native 30' a 20' Chittamwood Bumeiia lams iouea Native 40' x 3o' Pecan Ca rya iilinocensis Nativo s0' x 60' Black H,cxory Ca s texana e0 x 50' Deodar Cedar Cod rus deodara 40'm 30' , Amerlran Smukehee Cotinus 0150ratus 30 x 20' S Leyland Cypress Cu re95oc arts le landii 40'x 15' Arizona Cypress Cu ressus anzonica 35's 20 Texas Persimmon Dot ii texans Naeve 30' x 20' Common Persimmon dospyrus vlrglniana 30' x 30' While Asti Fraxlnus amencana _ Native 60' x 50' Texas Ash Froxinusterensis Naeve 50x40 -Torrlnss Hone locust Glodilsia lianwnlhos Vnarmis Nalive 50' x 60' I N okto Ju lans miuoca a Native 30' x 20' Black Walnut Ju lane nl ra Natlse 60' x e0' Red Cedar Juri rue vir inlaie Nalive 40' x 10' ' Q Canam Juniper Juo rue vir2iniana'Canae rer 30' x 20' Sweet Gum _ 11 uldamber sttraciAaa caltWareNaeve 60' x 40 Osage Oran a Madura Dorndera'Park' Native 50' x 40' 1 Fruitless White Muiber Mores elba fmptless' 35'x 40' Texas Mulbo Mores ruba Native 40'x 40' el ack Gum N seas Nate Native so- x 25. AI han Pine Pinvs eldarica 40' x 20 Landscorn Coda Revisions Ordinance Pogo 4 November 17", 1998 + 6. t~ 1+s ° ~ f A'A 32X r ~ 0 o ,nea~wa I Austrian Pine Plnus NI ra _ 40'x 25' Chinese PIllache Pistachla Chines;s 40' x 30' London Plane Tree Platanus soenfolia 50'x 35' Sycamore Plalanus occidentl cultivars 70'!80' Cottonwood P ulul delloldes wltlvare 80' x 40' Flowering Pear P rus calla ana'Ariatocral' 30' x 20' Sawtoolh Oak Oull Sc lisima 60' x 50' Eaur ment LNe Oak Ouercus tuelfonn're Native 40' x 40' Lerey Oak Ouercus lauccides Native 50' x 45' By Oak Ouercus mauoca a Nallva 60' x 40' Chin ue in Oak Ouercus muehtenber II Nallva 60' x 40' yValcr Oak Quercus nl ra Native W if 40' Willow Oak Quarcus helics 60'x 30' Shumard Oak OUefdul shumardil Native 70' x 50' Post Oak _ Ouercus stellate Native 60' a 45' 1 Texas Red Oak Quercus Ill Native 30' x 30' Coastal Live Oak Ouercus vin iniana Cultivar! Native 50' x 50' Weeping Willow Sella babytonics 40' x 30' Western Soapber Sa Indus sex narle v, 'Drummoodii" Native 30' x 20' Bald Cypress Taxodlum diallohum 60'x 30' Lillie-leaf Linden Tilia cordala 60' x 440' Winged Elm _ litmus aiala Native 35'x 40 yunerlcan Elm Ulmus amerleana Native 10' x 70' Cedar Elm Ulmus Cri ssifolia Native - W' t 40' Lacebark Elm Ulmus arvMella 50' x 35' Slippery Elm Ullrus ruble Native 70'x 0' Accent/ Small Trees and Lai a Shrubs Common Name Botanlcat Name Nleovve Hal ht 6 W dth Roemer Acacla Acacia memerlana 15 x 15' WA ht Acacia Acacia wri htli Native 15x15' Japanese Maple A cer almatum cultivate 15 x 10' Scarlet Buck" a Aesculus avis Native 25 x 20 Texas Madrone Arbutus xalafensis Native 25' x 20' Lemon Botdebrush Callislemon c1trlnu5 15' x 55 li Weeping Boblebrush Callislemon vlminalls 20' a 15' + Nedeaf Hackberry Cell's relkulata Native 26' x 25' Lillie leaf Pad'Jerde Cercidium microphylium 12'x 1 S' Redbud Cerclscanadensis cultlvan Native 25'"20' Oklahoma Redbud Cerois Canada n sis lexenYa Native 20'A 15' 1 'Oklahoma' Forest Pans Redbud Cerois canadensis Toresl Pansy' 2o x 15' Teia, Redbud Cerois Canadensis texensis Native 25 x 20' Desert Willow Chdo sis linearis NaC re 20'x 15' Texas Persimmon Dios ros texana Native 25' x 20' Kidne wood E ser~hardta I alaCh a Natlve 20 x 12' Fra ,ant Ash Frarinus cuspidata Nate_ 15' x 10' Nellie R. Stevens Holly Ilox a ulfCkum'Nellie R Sevens' 20'x 15' Burford Holly Ilea cunuta'Burfordi' 20'K 15' A PCs sumhaw Holly Ilex decidua Native 15 x 17 Val n Holly Ilex vomilona culbvare Nally* varies Weeping you n Rai vomiloria'Penduia 12' a e' Fcsler HollN2 Ilex x 1 'snuMa'Fmten' e2 25' x 15' Ashe Juniper Juni erns ashel Native 25'm 15' Rncky Mountain Juniper Juni anus scapulorum _ 30' a 15' Gordenrain Tree Koeheuterua aniculala 25 x 15' Grape Myrtle M h India c lbv uan _ 15' x 10' t Flowering Craba to Malus hybrids cultlvarg) 20' a 20' O . Southern Wax Myrtle M fdj Cenfera Nallva 15' x 10' Red Ti Pholmia Phoknia (rase rl 20 x 15 +R.. Chinese Ptwtinia Phofints serruiata 20 x 15 Y Japanese Black Pme Pin us thunbei gil 30' x 30' ' Texas Pistachs P.slicis amensis Native 20' x 15 Caroilna Che Laurel Prunus Caroliniana 25 x 15 Mcaign Plum Prunus mexlcena Native 25' it 25' Flatwoods Plum Prunus umbel lala 15' x 10' L andscopo Code Revislons Uldmance Pago ! 7 t November 11"', 1989 _ r t1 f V Y I'~Q~' "~4' 'r N. , > ~2 X1 El room O 1 OWAMM Cardlne Sudarom Rhanewa ^ardinlana Native 20'x 15' Smooth Sumac Rhus aabra Natlve 15' it 10' Flame-leaf Sumo Rhus lanceolata Native 20' x 15' Eves NecM/U Tree Ora afinie Nam 20' x 15' Texas Mounlaln Laurel hors secund10arm 15' x 10' MexxAn Buda Un sdis s osa Natlva 20' x 20' RuA Bladhaw Viburnum Nsdulum Native 25' it 20' Vilox Wax a nuaruslus Native 15'x 20' SECTION VIII, That any person violating any provlslon of this ordinance shah, upon conviction, be filed a sum not exceeding $500.00, Each day that a provision of this ordinance is violated shag constitute a separate and disfJnel offense SECTION That d any section, subsection, paragraph, senlelrce, clause, phrase or word In this ordinance, or application thereof to any person or circumstances is held invalid by any court of compete'}t jurisdiction, such holding shall not effect the validity of the remaining portions of this ordinance, and the City Council of the City of Donlon, Texas hereby declares it would have enacted such remaining portions despite any cuch validity, SECTION X. 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 Iho City of Denton, not In conflict with the provisions of this ordinance, shall remain In full force and effect. SECTION XI, That this ordinance shall become effective fourteen (14) days from Its passage, and the City Secretary Is hereby directed to cause the caption of this ordinance to be published twice In the Denton Record- Chronicle, a dally newspaper published in the City of Donlon, Texas, within ten (10) days of the date of Its passers. j PASSED AND APPROVED this the day of 199E. { JACK MILLER, MAYOR 1 , ATTEST: JENNIFER WALTERS, CITY SECRETARY 1T, BY. • O APPROVED AS TO LEGAL FORM: ' HERBERT L, PROUTY, CITY ATTORNEY BY: Landscape Code Ra:lslons Ordinance Page 6 November 1T'", 1998 r Br I ;'tea 7 x 10 32X 1 LA % *moon a , VENOM Ordinance 28.100 Exhibit B ORDINANCE NO. 98-100 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 31 "LANDSCAPE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON PROVIDING FOR NEW STANDARDS FOR APPLICABILITY OF ORDINANCE WHEN REMODELING, REDEVELOPING OR RECONSTRUCTING; PROVIDING FOR A NEW LIST OF EXCLUSION FROM THE ORDINANCE; PROVIDING FOR NEW MEASURING OF TREES UNDER TREE REQUIREMENTS AND PROVIDING NEW CREDITS FOR PRESERVATIONS OF TREES; PROVIDING DEFINITION FOR LANDMARK TREE AND PROCEDURE FOR DESIGNATION; PROVIDING FOR NEW REPLACEMENT Ifff REQUIRENIF.NTS ON PUBLIC PROPERTY; PROVIDING FOR AN ALTERNATIVE LANDSCAPE PLAN; PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $500.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council for the City of Denton, Texas has determined that the continued growth of the City of Dento-i Is straining the ecological and esthetic environments of the City of Denton; and, WHEREAS, the City Council for the City of Denton. Texas finds that growth, clear cutting, mass grading, and the Increase of impervious surface land coverage continues to diminish the forests, trees and natural conditions of the City of Denton; and, WHEREAS, the City Council fords that 4 is In the public Interest to Insure that new develonments in the Cil, of Denton will help preservation, protection and enhancement of the ecological and esthetic environments of the City; and, WHEREAS, the City Council passed a new Landscape Ordinance on April 7, INS; and, WHEREAS, the City Council recognizes that certain amendments to the ordinance are needed In order to produce the desired results of the Landscape Ordinance and, WHEREAS, the City Council has conducted a public hearing on the proposed regulations contained herein; NOW THEREFORE, THE COUNCIL OF THE CITY OF OCNTON, TEXAS HEREBY ORDAINS', SECTION I. That of the Code of the City of Denton, Texas, be and the same is hereby amended by so that hereafter said chapter shall be and read, as follows: ARTICLE L IN GENERA!, Sec. 31.1 Short Title. This chapter shall be known and may be cited as the Denton Landscape Code, See. 31.2 Slaterner;l of Purpose, The Irlant of this Article Is to promote the Immediate 9nd long-term public health, safety, economic stability and general welfare by establishing and managing the City's urban tree canopy coverage. This article is Intended to promote the following gener r purposes: Draft Landscapo Code Revisions: Novembar 17"', 1999 Page 1 9. , s • o , Ordinance 0e-100 (1) Pre serval ion, protection, and enhancement of the ecological and aesthetic attributes of the City, (2) Ecological stabilization through urban forest management that contributes to the processes of air purification, oxygen regeneration, ground water recharge, storm water runoff retardation; and promotes energy efficiency and water conservation, thereby abating noise, heat and glare. (5) Protection, preservation and advancement of the urban forest's appearance, character and value ' that includes all properties within the community, and that contributes to a strong sense of neighborhood, community, and quality of life, (4) Protection and preservation of native and specimen vegetative species, their ecosystems and nalural habitats and preventing damage to and unnecessary removal of vegetation during the land development and construction processes, I (5) Acknowledgement that trees and landscaping add value to property, protect public and private investment to the general benefit of the City and its residents, {6) More specifically, [his article Is intended to: a. Protect water resources, flood plains, environmental quality, and the natural and man-made physical and visual quality of the City. b. Mitigate the effects of Impervious surface land coverage by structures and paving that tend to Increase ambient air temperature and generate greater water runoff causing erosion, flooding, end water pollution. , c. Prevent clear-cutting and mass grading of land by encouraging the use of natural terrain for building sites, and by providing cluster development incentives. d, Promote native plant species preservation and replenishment, and encourage the use of D drought tolerant and low water usage vegetation. e. Provide incentives for tree preservation, f. Protect and provide wildlife habitats, g. Require landscaping and screening to promote land use compatibility and improved aesthetic quality, h . Promote soil conservation by minimizing natural terrain disturbances, thereby reducing sedimentation, and Fir and surface water pollution. Sec, 31.1 Definitlons. Clearing: An intentional act to cut down, remove all or a substantial part of, or damage a tree or other vegetation that will cause the tree or other vegetation to decline and/or die Clearing is defined to include, but not be limited to, chemical, physical, compaction, or grading damage. Clear-cutting Is a clearing activity conducted over an entire lot A Crillcal Root Zonar A circular region measured outward from a tree trunk representing the essential area of the roots that must be mainlained or protected for the tree's survival. A tree's critical root zone is measured as one foot of radial distance outward from the trunk for every Inch of tree DOH, and may be no less than a radius of eight (8) feel i DBH. Diameter-at-breast-height (DBH) is the tree trunk diameter measured In Inches at a height of 4.5 feet above ground level, If a tree splits Into multiple trunks below the 4%, feel level, DBH will be defined as the sum of each Individual trunk measured at 4%, feet above ground level, or the single trunk at Its most narrow dimension, whichever Is greater. ID 0 ' Director: The City of Denton Director of Planning and Development, or the Director's designee. Drlplint: The area beneath the canopy of a tree defined by a vertical line extending from the outermost edges of the tree branches to [he ground. Draft Landscape Code Revisions: November 17'", 1998 Page 2 10. , 0 1 Ordlnoncre BB-100 Eroslon: The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, Ice, or gravity. Grading: Tt 3 mechanical or physical act of disturbing, moving, removing, transferring, or redistributing soil or earthen surfaces. Gross Lot Area: An area under public or private property ownership, whose lot lines are described by plat or deed Ground Cover: Low growing plants, vines, or grasses that form dense, extensive growth, and have a positive effect against soil erosion and soil,ooisture loss. Impervious Surface: A surface IhA has been compacted or covered with a layer of materiel so that it Is highly resistant to Infiltration by water. Industrial Properly: Properties developed with land uses described in the 1987 STANDARD INDUSTRIAL CLASSIFICATION MANUAL, published by the Executive Office of the President, Office of Management and Budget, within the following categories: Manufacturing (Division D) or Terminal and Joint Terminal Maintenance Facilities for Motor Freight Transportation (Division E, Major Group 42, Industry Group No. 423). Llmils of Clearing and Grading: The boundaries of that area of land identified In a landscape plan to be subject to soil disturbance or cleared of trees and other vegetation in conjunction with a proposed development or land use. Live Plant Materials: "live" plant material, Including grasses, annuals, perennials, bulbs, groundcover, shrubs, and trees are botanical plants that are nourished through the processes of air, water, and soil nutrients Plant materials such as, plastic, fibrous, silk or other nom-live matertals are not considered "live" plant materials. Menaab- landmarli Tree: A tree that has been determined Ic be of unique community value because of its size, specie, age, form, historical significance, or other unique characteristics. Aafer+ereA;+ee is Outdoor Storage Area., Any area that ^r. '3ins Iresh collection areas or dumpster refuse containers; outdoor loading and unloading spaces; doCxs or outdoor shipping and receiving areas; outdoor storarr. of bulk materials and for parts; or areas regularly used for outdoor repair, outdoor storage areas of service stations, motor vehicle dealer-, or Inspection stations, Temporary construction and related activities are excluded from this definition. Permanent Tree Protection Devices: Structural measures, such as retaining walls or aeration devices, that are designed to protect the tree and Its root systems throughout its Itfotime Planting Area: An outdoor area, the surface of which may not be covered by Impervious surface S materials such as aspha,: or conurete, nor by structures, and devoted enl rely to the planting or constructiwo and maintenance of trees, shrubs, groundcovers, fences, walls, andlor earthen berms, Temporary Trot Protection Devices: Physical barriers, at least four (4) feet In height, installed prior to construction for the purpose of prevenling damage to trees. Such devices include snow fencing, chain link fence, barbed whe fence, vinyl construction fencing or other similpr lemporary barrier, may be no less than four fe6t in height, and non-Intrusive to the tree critical root zone Tree Topping: The severe cutting back of limbs to stubs larger than three Inches In diameter within the to is tree's crown to such a degree that removal of the top canopy disfigures and Invlles probable disease to the tree. Draft I andscapo Code Revisions: November 17 1998 Page 3 11, 32 X 4 r 0 I i 1 U,dinnm:q 9ft 100 Vegelallow All plant Ilfel however, for purposes of this chapter shall be restricted to mean trees, shrubs, ground cover, and vines with the exception of stale and federally protected or endangered vegetative species which in all cases shall be preserved. Vehicular Surface Area: Any outdoor off-street area used to store or drive motor vehicles that does not conlain defined off-street parking spaces. Paved areas used for drive-through windows, parking lot access lanes, or gas station pump lanes are considered to to vehicular surface areas. See. 31-4 Applicability. (1) All property located within the city limits of the City of Denton is subject to the provisions of tills article, Clearing and grading permits shall be required for all property prior to the commencement of clearing and grading activity, It shall be unlawful to commence any clearing or grading activity without first obtaining a clearing and grading permit. Complete and accepted tree Inventory plans shall be required prior to preliminary plat approval, Approved landscape plans, which may also demonstrale satisfactory clearing and grading requirements shall be required prior to final plat approval, Approved plot plans shall be required prior to issuance o' building permits, and inspected for compliance prior to final ins, ection ar for issuance of the certfrcate of occupancy. (2) The requirements of this chapter will cease to be in effect upon the satisfactory complntion of the final inspection for single-family and duplex residential dwellings previou4f-p1a4e4le4s shall be-sdbje oNeshe fYev s ens o! {h s ctlapleFwhew cone d4be4e4owiii eeeurFr e--Aerlrodetiragor~edevatePmenifrreposeAalaF+voude 9ar+dersNng9ressebocareaei-the Its IeFS-structure-er-3lri+etdresklrH'+entY'a(2Sl~ereen4ar-+rler~ar ~r b-.-Far" _lot(s)ei lr:eular SSNfaOearea~6)IRi~)F9V2ir19ril!'raF6-prepOSfd;'i1`hf01}WOHId feSull in DR KWeF)0O6A f-NVONy Va-~2b} --wOUTA--FOS11N--ire NiipeFY4Uk19S Wfe66f4 fiBR6k tF-GV4' . i (3) When remodeling, redevelopment, or reconstruction Is proposed on platted property that would result In an expansion of grass floor area, parking lot arts, or vehicular surface area, the following provisions shall apply, a. When remodeling, redevelopment, or reconstruction Is proposed on platted property that would expand existing gross floor area of the lot's structure or structures by less IN in twenty-Ave (25) perci 1, the proposed activity Is exempt from the provisions of this article. b, When remodeling, redevelopment, or reconstruction is proposed on platted property that would expand existing gross Poor area of the lot's structure or structures by twenty-five (25) percent or more, but less than fifty (50) percent, only the portion of the site where the expansion is located is subject to the provisions of this article. c, When remodeling, redevelopment, reconstruction, or expansion Is proposed on platted property that would expand existing gross now area of the tot's structure or structures by fifty (50) percent or more, the entire property must comply with the provisions of this article. © d, When parking lot or vehicular surface area Improvements are proposed that would result In an Impervious surface expansion of twenlyAve (25) percent or greater, or would result In O 0 Impervious surface reconstruction amounting to twenty-Ave (25) percent or greater, the requirements of Section 31.7(1) shall be applied only to the area where the expansion or reconstruction occurs. This proviilon shall apply only when such Improvements are not part of a structural remodeling, redevelopment, or reconstruction proposal, 01,, 11 t riiiri1,rnlor Codr Rrvitilons tioi, rrnlirr 17 1198 Page 4 12, J ! k i ..I 1 0 • a ' I i I Ordin.rnce 99-100 I Sec. 31-5 Exclusions. (1) Property being actively used for ag icultural, ranching, or live,9tock production and serves as the , source of primary Income for the ownsrAessee Is exempt from the provisions of this article. A clearing and grading permit must be submitted, without charge to the apptlr.ant, to serve as declaration of exemption from this article. Property Identified In the permit Is excluded from any other land uses, other than those defined in this section, for a period of no less than 5 yeE:rs from the date or Issuance of the clearing and grading permit, GI Well t The following arse shell be exempt from the provisions of this arbote: e. The Central Busk*ss DIeMN, amended as shown In Appendix A b. The Fly Street Development Corporation Boundary as shown In Appendix B; a The Denton Munloosil Alydort as shown In Appandfx C; and d. The Denton Municipal L indrill. + (3) Single-family homeowners may claim an exemption from the provisions of this article if they verify their status as the owner or contract vendee of the property belore the final inspection Is compteted, and verify in writing that they will be the occupants of the home, ARTICLE 11. TREE AND LAND PROVISIONS Sec, 31-6 General Provisions, (1) Tree Requiroments I a, Trees: All property shall provide trees at a ratio of fifteen (15) trees per acre (43,560 square feet), or one (1) treu per 2,904 square feet of gross lot area Industrial property shall provide trees al a ratio of fifteen (15) trees per acre (43,560 square feet), or one (1) tree per 2,904 square feet of net lot area, calculated at 60 percent or the gross lot area or by exclus;on of the main enclosed structure ground floor area from the gross lot area, whichever Is less. b. 522 All trees planted to satisfy the tree standards must be a minimum of three (3) inches In d ara Ell &411061 h6l9hi (I caliper measured sN (0) Inches from top of container, c. Seeds A l trees planted to meet the requirements of this section must be listed on the • Selected Species List. No trees with a maximum mature height of twenty-five (25) feet or greater may be planted within twenty-five (25) feet, measured horizontally, from 'he nearest overhead utility line, d, Species Diversitv; The following Species Diversity Requirements shall apply to all landscape 4 Plans, but shall not be used to limit eligibility for tree crediW Number of Required Maximum Percentage Site Trees of Any One Soecles 10.19 50`%r 20.39 35% 40-59 2.9% 60* 15% Draft landscape Code Revisions: November 17 1998 13. Pays 5 10 32xIQ 1 0 i SAYT.Bq ' 0 `I „117Nr.1tB Ordinance 90.100 g_ Tree Selection: At least 50 percent of the total tree requirement for the property shall be Large and lde-i .m Trees as specified in Sec. 31.15, Selected Species List. The remaining trees may ba any oie tree as speeded in Sec. 31.15, Selected Species List. J2) Land Requirements ' a. Plantino Area: All property shall reserve as planting area a minimum of twenty (20) percent of gross lot area, b. Limits of Clearing and r,%LDg: the limits of clearing and grading shall be designated on the approved landscape i privy to commencement of any constri ction activity. The limits of clearing and grading shall designate the ou'ermost edgy of the area within which the existing topography Is to be altered by cutting, filling, and vegetation removal. In evaluating the Limits of Clearing and Grading, the Development Review Committte shall determine that reasonable ronstructen design principles, practices, and Installation techniques have been employed to minimize areas subjected to disturbance. The extent of land disturbance shall be minimized, and chdll accommodate only the following activities: (1) Street consrniction and necessary slope construction. Howave', such clearing shall meet the criteria of the City. (2) Public service or utility easements and rights-of-way. This shall include areas for utility line Installation wlrh any temporary construction easements necessary for such Installation and ' easements for maintenance attest. These easements ,hall not be cleared prior to actual line Installation. Temporary construction easements shall be located to minimize soil disturbance and tree removal. (3) Building roof coverage area and ancillary structures, such as covered patios and porches, plus up to 10 feet on all sides for construction activity, (4) Oriveways, alleys, walkways, parking lots, and other land area necessary U the installation of tlw proposed development or use, Other necessary land area may include ores for tennis courts, swimming pools, and related structures and use'.. (5) Area for septic field as required by the Utility Department. This shall not Include area necessary for reserve lines until such time as the reserve lines must be Installed. (6) Sediment basins, Only the area necessary for tine construction of the dam, the area In which sediment will collect, and the area necessary for construction and maintenance of the basin shall be cleared of vegetation. Configuration of the basin shalt use natural terrain as much as possible to minimize vegetalion removal. Any vegetation that dies as a resull of the Jeposit of sediment erifti, debris shall be removed by the property owner. A (7) Detention ponds Only the area necessary for (tie construction of the dam and the area necessary for construction a 1d mainlenance of the pond shall be cleared of vegetation. Configuration of the pond shell use natural tenaln as much as possible to minimize vegetation removal. Any vegetation that dies as a result of the deposition of sediment ardor debris shall be removed by the property owner. (6) Other types of construction, or land activity associated with construction, not listed In Items 1 through 7 (above), that are necessary for the reasonable completion of the project (3) Street Trees (reserved well 0 Pending Comprehensive Plan completion, this section serves as notification that the City of Denton 1 Intends in Og lament street free requirements In the near future, (4) Tres Credits i Uratt I antiscape Code Ro oisions: November 17"'. 1936 Page 6 24. y v ff~4'Ri i ,ar ri ,n. i ,I•` 32 X' 1 1 • O 1 1 I it Ordinance 99-100 a. Preservation of existing trees may be used to receive credit toward meeting the Tree Standard of 15 trees per acre, if the trees are healthy and without substantial damage or defect. Tree credits shall be earned In the following Increments: 6 to 12 inehes ' n 12, la 21 inches I a 24o, to 216 lp6hes 2.0 364. lR cv =of Usting Tree Tree Credh 310 0 Inches 1.0 94 to 16lnch06 1.6 ~ 5+ to 21 Inches t ?r~ '.;i 2.0 21+ to 27 Inches 2.5 27+ lnches 3.0 Landmark Trees ;•n ' kulra 6.0 b. Tree credits may not be earned for preservation of existing trees located on land required to be dedicated for publ'c right-0f-way or easement purposes, unless the property owner can demonstrate the ability to protect the credited trees by way of restrictive covenant or other legal instrument considered satisfactory by the City Attorney. c. Tree Credit Protection Measures Tree credits will not be permitted unless temporary tree protection devices ere installed at least to the limit of the critical root zone or the dripline, whichever Is greater, during construction sobvily. The following activities shall be prohibited within the limits of the critical root zone or dripline of any tree being preserved for credit: (1) Physical Damage: Any physical damage to a Iree preserved for credit that Is considered to place the survival of the tree In doubt shall be eiiminaled as a credited tree. Tree topping Is prohibited for trees preserved for credit. (2) Equipment Cleaning and Liquid Disposal: No equipment shall be cleaned or other liquids deposited or allowed to flow overland within the limits of the critical root zone of a protected of monarch tree. This includes paint, oil, solvents, asphalt, concrete, mortar, tar or similar materials (3) Grade Changes: No grade changes (cut or rill) shall be allowed within the limits of the critical root zoil, of any protected tree unless adequate construction methods ore approved by the Dlreclor of Planning and Development. (4) Impurvlous Paving: No paving with asphalt, concrete or other Impervious materials in a • manner which may reasona',ly be expected to kill a Iree shall be placed within the limits of the cribcel root zone of a protected tree, unless otherwise specified within this article. (5) Material Stofag3', No materials intended for use In construction or waste materials accumulated due to excavation or demolition shall be placed within the limits of the critical root zone of any protected tree, (6) Tree Attacnments No signs, wires, or other attachmerlls, other than those of a protective 0 nature shall be attached to any protected or monarch Iree. (7) Vehicular Traffic: No vehicular andlor constructlun equipment traffic, parking, or storage shall take piece within the limits rf the critical root zone of any protected tree other than on existing street pavement, This restriction does not apply to single Incident access within the critical root zone for purposes of clearing underbrush, establishing the building pad and i Draft r-andscape Codn Revisions: November 17"', 1998 Page 7 15. 32 x 0 O rxr~. . 0 Ordinance 99100 associated lot grading, vehicular access necessary for routine utility maintenance or emergency restoration of utility service or routine mowing operations, M BAewareh LandWork Trees Menareh Landmark Tree nominations will be prepared by the Director, during Landscape Plan review or after the evaluation of nomination proposals submitted to the Director. Those specie with free epesia With a mirimum diameter of at least 75% of the listing In the most current publication or the Texas Forest Service ft Tree Realsfrv are also eligible for Tvieaareh f andmark Tree nomination The QWn0f 011118 RFOPOFIY Whale We nominated lmeicidwei:k Tfe 14edeslgna vai of pew disease Of daM809. If a tree eligible for Landmark nomination Is so designated by the Director, the owner of the tree must either preserve the Use In accordance with Section 31.6(4)c of this article or provide replacement trees with a combined caliper in Inches, measured ebt (6) Inches above the top of container, equal to one-half (60%) of the diameter In inches, W and mia•haN (4%) feet above ground level, of the designated Landmark Tree that Is removed. If a tree Is designated tis a landmerk tree It shell be unlawful for an owner of the tree to fail to preserve the tree or fall to replace the tree with In six (6) months of the time of the { Gearing or grading, as req! dyed by this article. (6) Prieldential Subdivisions e. Residential subdivisions may demonstrate compliance with the 15 trees per acre Tree Standard by calculating the average number of Irees per acre for the area contained within the entire subdivision. b. If a residential subdivlslo, achieves an average of 30 or more trees per acre by reserving open space to be dedicated to the City, Including land required by the City's park dedication ordinance, or to be maintained by a homeowners' association, minimum lot size may be reduced by len (10) percent in order to realize the maximum density allowed within the zoning district (7) Public Properly a. All lands owned as Individual lots by governmental entities are subject to the provisions of this article to the exlent allowed by law, The City of Denton appreciates the parlicipation of federal, slate, county, and other jurisdictions In the management of the City's tree cover, b. Construction Projnels located within Public Rights-of-Way and Easements: The area defined by A project limit lines wlll he used to determine tree standard compliance. Trees removed mull be replaced on the ea me ~esle used 19 GBIGULMA free 9redile In eocordance with the table provided In this section. If eplacemenl trees cannot be planted within the project area, they must be planted within areas designated by the Director and consistent with city open space plans. DOH of Tree Replacement rjIsling Tra 6 to 12 Inches g 1.00 12• to 24 inches I's O 0 244 to 36 Inches 2.0 364 Inches 2,s (6) Functional Requirements Draft Landscape Code Revisions: November 17"', 1998 Page 8 i6, I I I C 0 I Ordinance 9e-100 a. View Obstructions: All landscaping, trees and screening devices required by this article shall be constructed, Installed and maintained so as not to obstruct the view of motorists between the street and the access drives and parking aisles near the street yard entries and exits, nor shall any landscaping which creates an obstruction or view be located in the radius of any curb return, b. JL@ffi_q Barrier : Al planting areas, Including critical root zones around trees and those used for parking lot screening and Interior landscaping areas, which abut any parking lot or vehicular area shall be protected with curbs, parking blocks or similar barriers sufficient to protect vegetetior, from veidcular intrusion, c. Plant and Planting Quality Conformance: All plant materials, including replacement trees, shall be specifled and planled with plants using the standards of the most recently published version of the American Standards for Nursery Stock, by the American Association of Nurserymen, All plants shall be clearly tagged by the provld',ng nursery for easy Inspection with the Botanical Name. All landscaping shall be Installed according to sound horticultural practices, In a manner designer; to encourage quick establishment and healthy growth. d. SloCk°ilinc. Topsoil that Is removed during construction shall be stored onsite and conserved for later use in required planting areas. ARTICLE III. LANDSCAPE REQUIREMENTS See. 31.7 Specific Landscape Area Requirements, (1) Parking Lot Screening and Landscaping a. Perimeter Screening. Any packing tot or portion thereof that Is visible from the public right of way and contains 10 parking spaces or more shall provide perimeter screening, The perimeter of each parking lot, excluding driveways, which fronts upon or is adjacent to a public street other than a public alley shall be provided with shrub screening with a minimum mature height of thirty-six (36) Inches and Installation height of eighteen (18) Inches or greater, and spaced no more than twenty-four (24) inches apart, edge to edge Alternative shrub spacing may be used, with the approval of the Development Review Committee, when it can be shown that the selected shrub species growth pattern differs significantly from the spacing requirements of this ordinance. The use of berms and planter walls wilt be allowed to contribute to Installation an0 mature height requirements. The slope of any earthen berm shall not exceed one root of height for each three feet In width. b, II re ion Landsc@ppg Any parking lot or portion thereof which is constructed and contains forty (40) parking spaces or more shall provide permanently landscaped areas coasisting of islands, A peninsulas, medians or adjacent planting areas. One canopy tree shall be prorided for every fifteen (15) parking spaces, and one shrub will be required for every five (5) parking sr -.es. At least fifty (50) square feet of planting area shall be provided for each required trsc and no parking space shall be located more than filly (50) feet from the trunk of a tree. A l n!erlor landscaped areas shall be covered by trees, shrubs, or ground cover, Compliance with Tree and Lend Regwremenls: The trees or planting areas used to comply with 0 tha parking tot screening and landscaping requirements contained In this section may also be used to demonstrate compliance with the 15 trees per acre standard and the 20 percent planting area lot requirements Contained In this chapter. ~o d, DiAtribution of Landscaped Argue: The required landscapO areas for p4rking lots shall be more or less evenly distributed throughout the parking lot, clthough adjustments may be Urdt landreapo Coda Revislons: Novembei 17 1998 Page 9 17, I • o ~j r~ Ordinance 99-100 approved by the department, where the shape or size of the parking lot, the location of existing trees or other natural constraints reasonably prevent such distribution, e. Vehicular S IM Arggy. Vehicular surface areas (VSA) must comply with the requirements of this section. Perimeter screening is required as Indicated in Section 31.7(a)1. Interior landscaping requirements shall be met by providing ore tree per 4,500 square feet of VSA, and one shrub per 1,500 square feet of VSA. Tree canopy cover shall be evenly distributed throughout the VSA. (2) Outdoor Storage Area Screening a. Any outdoor storage area, or portion thereof, must be scr64ned from public rights-of-way using live evergreen screening plants, six (6) feet in helght at Irsiallation, spaced no more than eighteen (18) Inches apart, edge to edi b, A fence or wall may also be used for outdoor storage area screening, provided it is at least six (6) feet tall, opaque, and of masonry, stone, or wooden material, or of iho same material as that of the principal building, Dumpster enclosure openings may not face public rights-of-way unless they are gated. (3) Bufferyards J a. Bufferyards shall be required under the following conditions: (1) Multi-family uses shall buffer when adjacent to single family or attached housing uses. I (2) commercial uses shall buffer when adjacent to single-family, attached housing, multi-family , and lesser commercial uses (3) Industrial uses shall buffer when adjacent to any use, including lesser Industrial uses. b. Plant materials, walls, or fences may be used within required yards, as specified In Section 35- 91 of the City Code, to buffer adjacent land uses. Trees or plants used in required yards may II be used to demonstrate compliance with other sections in this article. Scc, 31•8 Maintenance (1) Maintenance Requirements a. The property owner or hiaer agent shall be responsible for the mainlenonce, repair and replacement or all preserved vegetation and landscaping plants and malerials as may be required by the provisions of this article. It shall be unlawful for a property owner or hlO6r agent to fail id, maintain, repair, or replace any vegetation and landscaping plants or materiel that are required by this chapter, Once the final Inspection has been completed for a single- family or duplex residential dwelling, the requirements of this article no longer apply. b, All plant material and planting areas shall be tended and maintained in a healthy growing condition, replaced when necessary and kept free of refuse and (Jebris. I c, Fences, walls, gates and any other outdoor structures shell be maintained in good repair. Oponings within the barriers may be required by the Director for accessibility to an area for p necessary public maintenance. Yt>i' (2) Irrigation Irrigation is not required to demonstrate compliance with the requirements of this chapter for individual single-family residences, Single-family residential planned developments with communal Draft l andscapo Code Revisions: NDvembr-•r 17 1998 Pig* 10 Misr, filltf wommommoom 01 O O.dlnance 9e. 100 open space within planned development or single-family subdivisions with communal open space maintained by CC&R's or a homeowner's association are required to provide underground automatic Irrigation. All uses, other than Individual single-family residences, are required to provide underground automatic Irrigation in all planting areas, Areas within the property that are left in undisturbed native habitats are not required to provide automatic Irrigation. Irrigation is required to cover planted areas within the rights-of-way adjacent to the property. Proper watering Is critical to plant survival, particularly during the first three years after tree or plant Installation. -filth the exception of Individual single-family residences, trees or plants required as part of an approved Landscape Plan, must be replaced if they bocome diseaseu, damaged, or die. Underground Irrigation snail meet the following criteria: a. Irrigation must meet water conservation methods as established for Irrigation systems and most ` use: (1) Automatic Irrigation control boxes that are programmable for seasonebte weather conditions. (2) Sensors that shut off system Irrigation during rain and freeze events. (3) Low precipitation, water conserving litigation heads In lawn and slope conditions (4) Use of drip or pressure compensation tubing irrigation systems in planting beds. (5) Use of fiat irrigation heads under sl rub; In slope conditions Is allowed. (6) Use of tree Irrigation in planting beds that allows and plans for future growth of the root system. (7) Use of underground irrigation technology that reinforces water conservation. b. Use of non-water conserving rotary heads, spray risers and any spray head which Is not designed as a low precipitation rate head Is prohibited. c. It Is a penalty of this ordinance to atlow uncontrolled water emissions. d, Irrigation systems must be maintained In good operating condition at all times. ARTICLE IV, ADMINISTRATION RFVIFW AND PERMITTING Sec, 11.9 Administration, Review and Permitting, (1) Plan Submisslons a, Tree Inventory Pian After the effective dale of this ordinance, no preliminary plat may be approved without the submission and acceptance of a tree Inventory plan. The tree inventory plan shall delineate site trees by type, size and species. An inventory map shall delineate tree cover by identifying all • slands of trees with similar characteristics, such as specie, and defined as areas which include • • the outer perimeter of the dripline of individual trees. Notation shall be Included Indicating the range of height and DSH of trees within the areas, the predominant species within the areas, and the general appearance of the trees with regard to health. b (.9fiJime Plan Craft t rwdscapo Code Revi- November 17 1998 Page 11 19. 2 13 El 0 rte.. , 0 aanpaxv 6rdinancs 99-100 The owner of any property to which this article applies shall submit a landscape plan in the form and manner specified by the Planning and Development Department before the approval of the final plat. This plan can be combined with the tree Inventory plan. The landscape plan shall contain sufficient detail, as specified by the department, to show the following: (1) The location of all existing or proposed subdivision Improvements, buildings and Impervious surfaces; residential subdivision landscape plans may substitute limits of clearing and grading designations for Individual lots instead of detailed building location and Impervious surface information until the time that a plot plan Is required; (2) The limits of clearing and grading proposed for tha project; (3) The location, size, species, and health of all existing trees intended to be used for free credit purposes, including tree credit calculations and the methods proposed to comply with preservation requirements; (4) The location, size, and species of all new trees required to meet the Tree Standard of 15 trees per acre, Including the calculations that show how existing and new trtas will comply with the ordinance; (5) 'Mien the perimeter and/or Internal landscaping requirements for parking lots apply, the size and location of the parking lot(s), the number and striping of parking spaces, the calculations that show how many trees and shrubs are required, the location of required plantings and planting areas, the illustration of tree canopies as 50-feet wide radius circler, (8) When the property Is required 1o provide screening for outdoor storage areas, the location and specification of screening materials; (7) When the property Is required to provide bufferyards, the location and specification of buHeryard materials; (8) The location of Iopscd storage areas; l (9) Identification of any trees eligible for Monarch Tree nomination: and l{ 1 (10)Such other information, as specified by the department, as may be reasonably necessary to administer and enforce the provisions of this article. { c, Irrigation Pian The owner of any property to which this article applies shall submit a irrigation plan in the form and manner specified by the Planning and Development Department before the approval of the rnal plat. The irrigation plan shall contain sufficient detail, as specified by the department, to show the following (1) Layout of the Irrigation plan. (2) Irrigation method(s) description with product specifications Indicating low precipitation and water conserving heads. i (3) Control box and sensor specifications. I (4) Location of wafer sources, O • • ! d, Review and Approval of the Landscape and Inl°ation Plans The Plr•ning and Development Department shall determine the completeness of the submitted Landscape and Irrigation Plans within two (2) working days. The plan will be referred to the development review committee for Its review and approval. The committee shall return the plan Draft Landscape Code Revisions: November 17"', 1998 Page 12 20. 32 X I[] s , o , Ordlnanee 98-100 to the department noting thereon its appr tl or disapproval. If disapproved, the committee shall specify the reasons why the plan does omply with the provisions of this article. I 0. Plot plan Before the approval of any building permit application a plot plan must be submitted. A plot plan for residential, multi-family, commercial or industrial use must be consistent with the Landscape Plan and it must show the limits of grading and clearance for budding construction and impervious surface Installation. It rhall also Indicate specific lot drainage patterns, the location of any trees preserved for credit on the approved landscape plan, trees to be removed, protection measures for preserved trees, and new trees to be planted. For projects with detailed site, landscape, and construction documents, the plot plan requirement may be walved where all information has been previously provided, (2) Alternative Compliance For 6argeSRse a. Creation of Artificial Lot If the platted property is over two acres in size, the applicant may request permission to create an "artificial lot" to satisfy the requirements of this chapter. An artificial lot Is intended to provide administrative relief for large siles that will achieve planting areas that exceed substantially more than 20% or gross platled lot area efier development Is completed. The Director shall approve the creation of an artificial lot only 0 the spirit and Intent of this chapter wilt not be violated. If approved by the Director, artificial lot lines shalt be indicated on The proposed Landscape Plan and shall contain, at minimum, the total amount of impervious surface coverage, 216120% of the area Inside the artlfcial lot reserved for equlred planting area. 2. The area within the artificial lot lines shall provide trees and landscaping In compliance with the requirements of this section, and may not extend beyond the property boundaries of a single platted IoL 3, The area outside the artificial lot shatt be maintalned as planting area with live vegetation determined by the applicanl. No trees located outside the artificial lot lines may be used for tree credits. 4. The artificlat lot lines Shall InchI.le areas that, In the 6ireclor's opinion, are highly visible from public r!ghts•of-way or are necessary to accomplish buffering of adjacent properties, b. Alternative Larldsceat Plan 1. Any property owner or developer may elect to submit an ailemative landscape plan for City Council review and approval that falls to meet the requirements of this article, but In the opinion of the applkanl, satisfies the spirit and Intent of this article. The Planning and Zoning r',ornmiselon shall review the ettemetlve plan and submit an advisory opinion to the City Council prior to City Council action. 1 Sec, 31.10 Enfcreement, Penalies, and Fees (1) DondlCashDeposit In lieu of Installation or the landscape materials prior lo occupancy, the applicant may post a bond i e acceptable to the City, conditioned upon satisfectory Installation of the landscaping proposed In the 0 landscape plan (2) Penalties That any person violating any provision of this ordinance shall, upon conviction, b, fined a sum not sxceading $500,00. Each day that a provision of this ordinance is violated shall constitute e separate and distinct offense. I Urarr Landscape Code Revisions: November 17"', 1998 Page 13 21. E1A Y 32XIO e + William to i Ord inane 98.100 I See. 31-11 Civil Refined lei (1) Nothing in this chapter shall be construed as a waiver of the City's right to bring a civil action to enforce ine provisions of this chapter and to seek remedies as allowed by law, including but not " limited to the following: e. Injunctive relief to prevent specific conduct that violates the ordinance or to require specific conduct that Is necessary for compliance with the ordinance. b, A civil penalty up to $ 1,000.00 a day when It is shown that the defendant watt sch city notified of , the provisions of the ordinance and after receiving notice committed eels In violation of the ordinance or failed to take action necessary for comp; once with the ordinance. Sec. 31.12 Appeals Unless otherwise provided, an action by the C; in detnrminin compliance with the terms of this article refers to a determination by the Planning R Development Department or the Developmrnt Review Committee (DRC). The DeveloperlOwner of land subject to the requirements of this chapter may appeal any determination by the Planning d Development Department or the Developn ant Review I Committee under this chapter to the City Council for a final decision. The appeal shall be In wri8ng and shall be fled with the Planning and Zoning Commission, which shall make Its reoommendation to the City Council, The City Council will not review the eppeal of any determination by the Planning b Development Department or the Development Review Committee without first obtaining the recommendation of the Planning and Zoning Commission. No plat or permit shell be approved by the Planning and Zoning Commission which varles the terms of this chapter or which does not comply with the Planning 3 Development Department or Development Review Committee 's determination without final resolution of the appeal by the City Council. Sec. 31.13 Fees The City Council may adopt a fee or fees, in the amount to be es.ablished by ordinance, to administer I and anforce the provisions of this Chapter, I Sec. 31.14 Conflicting Ordinances All ordinances or parts of ordinances In force when the provisions of this ordinance become effective which are Inconsistent or In conflict with the terms or provisions contained In this ordinance are hereby repeated to the extent of the conflict. S I l I ,i 1 t f I Draft Landscape Code Revisions: November 11", 1998 Pago 14 22. J 25>t 10 32x1 e ' ' o Z f ' I , ordinance 9e-100 i Sec. 31-I5 Selected Species list, Large and Medium Trees Common Name Botanical Name Native Height d Ill Init all _ Mndm T.oocreax Twe Caddo Ma le Acer barbatum 'Caddo' 60' k 40' •--~A--►F BiOtooth Maple Acer ra Midenlatum Nadva SO' x 30' Texas Bucke a Aesculus a u!a Native 30' x 20' Cniuamwool Sumella fanu inosa Native 40'x 30' -..rlC Pecan Ca rya Illinocansis Natlva eu, x 60' •-M Blarx Hicko Carya tax aria _ 60' x 50' -41111 Deod ar Cedar Cedrus deodars- 4D' x 30' Amehcan Smoketres CPtlnUS dbovau° 30' x 20' Le land Cypress Cu resso arls f! andil _ 40' x 15' - ~ Arizona Cypress Cu ressus arizdnica 35' x 20' Texas Persimmon Dios NS le Kane Nallve 30' x 20' -1-T ilosen - Common Persimmon Uios rus vir inlana 30' x 30' •---M---W Aceenl White Ash Fraxin us amens na Native 60'x50' , M a Texas Ash Fraxlnus lexenrls Native 50'x 40 Thornless Hone locusl Gadiala lrlananihos mantis Native 50' x 6D' °---M--3i= p4pilawy N liio Ju larl s microca a Na9ve 30's 20 ' J ll Walnul Ju lans ni q Native 60' x 67 Red Cedar Juni erus vtr inlana Nallve 40' x 10' Canaerl Juniper Junl erus vlr Inlana'Canaeral' 30' x 20' Sweel Gum U uldamber a radaora cuttivan Nallve 60' x 40' PlAm Osage orange Madura poinifera Nallve 50' x 40' ~ .1, Frullloss White Mulberry Maus alba'Fiultless' 35'x 40' Texas Mulberry Morals rubra Native 40' x 40' Black Gum N ssa a Ivaba Naive 50 x [5' AI hall Pine Plnm eldana 40 x 20' j Austrian Pine Plnus Ni ra 40' x 25' _ Chinese Pistache Pislachia chinesis 40' x 30' Aill ll London Plane Tree PWan us awifdia 50' x 35' 5 amore Plalanus ocodentalls cullivars 70 x60' 1 Caeonwood Po ulus deboldes oulllva re 60'x40' Flowering Pear l us alle an a'Arislwat' 30' x 20' AaaeM Sawtnolh Oak Cull accuUslma 60' x 50' A$-- p . Escarpment Live Oak Cluarcus fusifarmis - Native 40' x 40' Lace Oak Duercus glaucoVdes Native 50' x 45 •--m 16, lal Bur Oak Ciuercas macroar a Native 60' x 40 •---IL-10. P; J Chin ua r Oak Overms muehlil it Native 60' x 40' w-JA--Ifi p Waller Oak Overcvs niQ,a Nall ve 50' x 40' Wd1vw Oak Ouercus Phallus _ 00' x 30' •-M-?i pNraar- Shumard Oak Ouercus shumardil Natka 70' x 50' 111 14 p4milwy Post Oak Ouercus slellata Natlva 60' x 45' •-M--- i Texas Red Oak Ouercus terana Natlva 30' R 30' It 26, AaeeM Coastal Live Oak Y Quo reus vi Iniana cultivars Natlva 50'x50' ~M-.-••" N'ee in WII10w Saflx bab onlca 40 x 30' I Western SoaDherry Sa Indus ea onaris v.'Drummondii Nab've 10'x 20' It { 1. Bald C ress Taxodium distlchum 60' x 30' •-m--W lal Little-lsaf Linden Tilla cordate 60' x 40' s- Mri Winged Elm Uimus alaU Naliva 35.40' Amer-.an Elm Uimus omehrana- Native !0' x 70' .-28' Il Cedar Elm _ Uimus aaaslfolia Native 50' x 4D' -30. Piioraq Lacebark Elm Uimus arvnolla 50' x 35' P' O • J Shp/dry L: Ulmm nrbra Native 70' x 60' -M--IF= M ind sales &ploLA@ and ml m im diamalef fes Mail T106 AAMIAR119A Zh@y DIFIR 11811041 at 60 PeP09114 Of 111164 ee Q5ledea4l ed en the Wall 6090106 List 0; go ;Ihe 6 Aee-Regielrysneybeaom ee ee{'19ar Ill I andscape Code Rrvfsion5: November 11"', 1998 Page 15 23. r.-+ , r Isi.i.r.•ii ,,wee ' o Ordinance 98100 Accent ! Small Trees and ergo Shrubs Common Nama Botanical Name Native Haight A EMIaNn* itwel Width ipae 6rodF1 Two Roemer Acaca Acacia roamerlana 15 x 15' Wright Acacia Acacia wri htll Native 15' x 15' Japanese Maple Acer almatum cultivare 15 x 10' - Srartel Buckeye Aesculus avla Nalive 25 x 20' Texas Madrone Arbutus xalaiensls Native 25'x 20' Lemon Bolllebrush Callistemon db~nus 15' x 15' Weeping Bottiebwsh Callistemon vlftnal is 20'x 15 Nellear Hac*baffy Caltis reticulala Native 25'x 25' lllee-leaf Palo Verde Carcdium mlcrom 12 x 15' Redbud Cords canadensls ouUars Native 25'x 20' Oklahoma Redbud Cards canadensis lexensis Native 20'x 15' Anent 'Oklahoma Forest Pansy Redtwd Cards anadeneis'Forest Pansy' 20'x 15' Texas Redbud Cords an adensis texonsls Native 25' x 20' Desert Willow Chllc sls finearls Native 20'x 15' Texas Persimmon Dies ros texana Native 25'x20' •-M ---1Q Kidne ood E senhardea starh a Native 20'x 12' Fn rani Ash Fraxl nus cu Ida to Native 15,x 10' Nellie R. Stevens Ho Ilex a uilollum'Nellie R. Stwens' 2o x 15' Burford Holy Ilex comula'Burfordr 20' x 15' AerxM Possumhaw Roll Ilex deddua Nallve 15' x 10' Yau m HollyIlex vomitona cu%vari Native vare$ •-+--g AoeaM Wee In Yaupon Ilex vomitala'Penduli 12' x S' r Fcsler Holly M2 Ilex x anenuafa TosIerl' 02 25' x 15' AoesM Ashe Juniper Juni erus ashel Nalive 25'x 15' Rak Mountain Junl er Juni erus s locum 30'x 15' _ Goldenrain Tree Koelreuterua aniculala 25'x 15' Cra e Myrtle La erslroemia Indlq cullivars 15' x 1U' -M--4C AaaeM Fiowerln Craha le Malus 1 hybrids cudtvars 20' x 20' Southern Wax Myrtle M a codfera Native IS' x 10' Red Ti Photinia Photlnla eased 20' x 15' ChinesePhobnla Photiniaserrulata 20'x15' _ Japanese Slack Pine Pmus!hube 'i 30' x 30' Texas Pieta Cho Plstada rhinaMis Native 20'm 15' l Carolina Cher Laurv Prunus rarorniana 25' x 15' Anor" klexican Plum Prunus mexlcana NaNe 25'x 25' •-0 Aoo" Flatvroods Plum Prunus umbellate 15' x 10' Carolina Buolhwn Rhamnus arolinlaca Native 20'x15' Smooth Sumac Rhus labia Native 15' x 10' Flame-leaf Sumac Rhus lanceotata Native 20' x 15' Eves Necklace Tree 5 has alfnls Native 20' x 15' Accent Texas Mountain Laurel S has sewndiraa 15 x 10' • r.'^^' Aeg" Mexlan Buclrye Jo nadir s ecwea Natlve 20 x 20' Rusty elackhaw Viburnum n,edutum Natlve 25's 20' Vilex vital a nusastus Native 16 x 20' -411 ~Qa aroO1l KJNnIWxFxsrxMRle~ rl~A ~w1 ~x Note 64 na Nslod on uleour+e.N teKasFereel bewlaeeb+;rTree Ae@isky i eNret~reeslieledeMhebeloetedbeeoge~asl eren-the-61q T+ee Reg sif lieybenearineled $9 1149owah Tie 961816A et I 1 i Draft Landscape Codo Rnvislons: November 11"', 1998 Page 16 24r 1. M COO . e ' O faQileelle ilf Ordinance 96-100 Shrubs Common Namo Botanlcal Name Hal ht d Width Gloss ADelia Abelia iardill cultivan IF x 5' Edward Goucher Abel la Abella rarmflora'Edward Gouchef 5' x 5' Prostrale aDella Abella grand flora 'Prostrata' Tx 2' Japanese Acuba AOUba a n cs 4' x Pu leleof Barberry Berbeds Ihunbergll'Abopurpurea' 5' x s' Pygmy Barberry Berberis Ihunber il'Crimson Pygmy' 2' x 3' Crimson Pygmy Barterry Berberis thunllergll'Crimson Pygmy' 2' x 1.5 Japanese Boxwood _ Buxus micro h Ila japonica cultArs 10' x 10' Beau be Calllca o emerlana 1 o' x B' Butlonbush Ce halanlhus occidenlalls 5' x V Dwarf FVcwenn Ouince Choenomeles a nia Texas Scarlet' 3' x 3' Flowerin Oulnce Chaenomfe5 atleGOea 7' x 5' Ro hleaf ood Comus dm-nmondii 5' x 5' Pampas Grass Corladeria selloana 10' x T Ccloncaster Coluneastel culfivar.') Vadal Ebbin 's Sllvertten Elea ous x ebben I 10 x 5' Japanese Aralla Falsia japonica 10' x 10' Forsla Fun is x Inlennedia g' x 6' H enwm H scum hen 11 Ix 3' Needle inl Hoil Ilex COMA S' x 5' Dwa.1 Buddrd Hall Ilex comuta'Budordi Nana' 7' x e' Carlssa Holly Ilex comula'Carlssa' a' x 5' Dwarf Homed Holly Ilex corruta'Rolunda' _ 4' x Wilson Hal Ilex comuta'Wnsonif 5' x 5' Dwarf Javanese Holly Ilex uenala'COm acts' 4' x e' Heller Japanese Holl Ilex c70nata 'Helleri' 3' x a' Dwarf Yau n Hill Ilex vomitons 'Nana' a' x a' OwaR Pfi tzar Junl er Juni Bros chlnenesls'Pbcano Compacts' 2' x 6' PRzar Juniper Juni eras chinensis'Pfrtzorwan S' x 10' Blue Vase Juniper Junl ros chinensis 'Blue Vase 5' x a' Shore Juniper Jur~wus conferta 2' x e' Japanese Garden Juniper Juninrus pr=mbens 2,115, Dwarf crape M rile 1.89C roemla Indica curs'varsV x e' Pmstrale Crave M A4 La ern. c me Indica (curuvan) 3' x 3' Lantana Lantana cuaivarsVadea Texas Sane Leuc h Ilurn frutescem (cultivan) Vanes Vane ale Chinese Privet Li us"m elnense Vane aG' _ 7' x 7 Giant Urlo a Llrlo antea 3' x 3' While Honeysuckle Lonicera alblora _ e' x e' Lealhedeal Mahonla Matwnia bealel a' x ' A arila Mahorla trifofala _ 5' x 2 5' Nandina _ Nandina domesoca cultlvars _ Varies Compact Nanoina Nandina domeslics'Compacta' 5' x 3' , Dwarf Nancimp Nandina domesfica'Haruar Dwarf 3' x 3' 0 Dwarf P❑megra male Puniea granatum'Nano' 5' x a' Flrethorr, P racanata cultlvars Varies Fragrant Sumac Rhus immatica 5' x 6' Rosemary Rosmannus olfianalis'Tusun Blue' S x 4' Lave nder Cotton Santoll. 4 cultlvars 2'x3' grldalwreath Soma S Irea runildla 7' x 5' Vanhouhe S Irea _ S Irea x vanhouhel T x 5' CAood ocd Fero Tm hon~a s orDicufalus 2' x 2' W Fern _ hel tans kunthil 2' x 2' Q II Draft Landscape Code Revisions: November 171990 Page 11 25. I % 32^ f sON" o _ t l Ordlndnta 90100 Groundcoveral9edding Plants Common Name Botanical Name Cast Iron Plant N idistra a abof Horse Herb Cal Iota u6 vlalus Trumpet CraeVer Cam sh radians Dalla Gre it Oalea n II &ntercreeper Euon ua forWnel Shore Juniper Juni eras confart Creeping Juniper Jun'iperus horizontalis(cultivars) Japanese Garden Juniper Juni erusprocumbens {culbvan) _ Ladin Largna Lantana monlevidensis Ul surf _ LMT (culevars) _ Monda Grass U hi a Ian cultmv) Virginia Creeper Parhenocisauf ulnausfoba Corat Berry Syrn rlu226 orblculaluf Nlabc Jesmine Tracheloa rmum aslabcum Penwlnkle _ Vina major & minor Vlnos Common Name Botanical Name Co11 Vlne Anti dnan leplopus Cruse Vine _ Bignania capreolala Trunm tl Vim Campsis radians Y Carc0a onaitseed'One Cocculus carol lnus Carolina Jessamine GBI6endUmsem ervirens ivy Hodera cultivars Halls Honeysuukla Lon;aia a onlca'HellanA' d Coral HIcnevsuckle _ Lonlars sempervlrens _ Boslon I ~ ' wa nnenoclssus trlcuspidata Chain anei Qra a Vifid ch aminil'Cham aoet' Grape Vlne Vitls vlnilela 'a anesa Wlster~a wisteria lloHbunda _ J Gnlnese Wlsttha Wstena sinensEa 11 Ornamental Grasses _ Common Name Botanical Name f IjLB uestem Amdropogoo ganrcill l Silver Blueslem BDthnoohloa sattheroides Reed G•asa Celama rose6%pp Inland Sea Oats Cho srnanlhlum !alibltum ' Pampas Grass - Cortaderla Istloane Lenwn Grass, C mbopNon yFaM Su .^.rW O Plume~rass Erlantnus alganleuf Ebalia MTaantnusS S Malden Grass _ Misanthw ylnensis'Grocillimui Zcbrt Crass Misanlhus sinense zabrlnus' VarleoMed Japanese Silver Glass Misanlhus sneh6f Narlegatua' ~ur61e Muh,t WWber la fill es ' t+ndheiMw%Mdhr uhlenber nlndhV,norl step Muhtr a IsnSar is reverchom Dwarf rountamwoss Penniselumalopeco des'Hamelin' r Purple rounlaingrass Penniseh nsetaceum' Rubrum amboylInsl ums Olock -Foumtengras! Per lack Bamboo Pn lnatach f n4 ra O . LlnleWueslem Scditsch puma orlum Lawn Grasses Buffalo Grass Buchioedocbloides Bermuda Grass Cynodcn doclylon Tab rescue f46luca app SL Au uabna Grass Stenota hmm Noundolum app Zo sia Gross zoysia IP; 11 raft t anciscapin Cude Pe v is I nn s, Novtkr'd•1 17'' 1998 26. Page 18 r ~ r 32 X I O .ear.. ' 0 Ord In ante 98.100 - Perennials Common Name Botanical Name _ Acanthus Acanthus mollis Hai hack Alcea roses ' Lll-ol ere-Nile a anthus s pp. r Yarrow A0111as $ Bu leweed Ajugs f Amaranlhus Amannthus 00" Sluestar Amsonla fpp ,r Bugloss AncMea Opp - Texas Gold "dumbina A idle la ch ontha v, 'Hinkleyans' Wormwood Ar:em;sla s Fddkweed we ia!! . Wild Indi w Ba SIS spip Brunnera Brunners sop. Ca'adlum annual _ Caladium cullivarsCanna Canna x neralls Periwinkle annual Cartheranthus roseus Sh Bits Dais chrysanthemum maximum , Cdewort Crumbs torditolla Crocus Crocus s Ms:lean Heather annual Cu ea h sso Idle Bleedln Heart D eentra s ConeAOwer Echinacea a rea Safrenwon E Imedhu.~Opp Texas Slueball Eustoms p~andiAorum Ds Ilry He nerocal'u app. Rose Marrow Hl6lscuf moscheutoa Hdsia Hosta Opp. Cane un Iberis oem sirens iris Ids x h brlds laniana Lantana s Lavender Lavanduia Boa Sea Lavender Llmonlum a _ AJSSUm Lobuiarla merillma Lu ine Lu Inu! spp. Loosestrire L Slmachia s pp. Turk's Ca Malvaviscus arboraus v.'Drumondii' B1,11, of Daisy Melam odlum lsucanlhum -08V Murldrds didyma r r^J:L!Le aUnih~ _ MusaH ODp OanUr Jl Narcissus lpp. r.almrnt NeDeIS app. Oxara (wood Sorel) Oxalls rJassf s Ror, Rose Pay aria iasio iala Russian Sage Perovskla 05,0311 Thin Phlox subulats Obedient Plant Ph ost ia vlr inlana .Soioman'0 Seal Polygons turn $pp A Knotweed Pol um 1". Moss Rose annual Podulaca randlAors Cinquefoil PolenAlls a I. Luort Pulmonall n. _ GIonosat Daisy_~ udbackis @pp _ exlCan Petunia _ ue11101 Sage Salvia s . _ Lavender Cotton BaMOllne Opp J Sedum Sedum $ pp Dus Mille r__ SenecloUnerarls I 0 ~ ' Goldenrod Shcda $ y 5 derwort Tradesadts occldenlsus ks71P~ Verbena Verbens I 5 odwell Verodlcs s pp. i ()raft Landscape Codo Revislone: November 17" 1996 27, Pago to ~I 1 rJ .'A ~ , e JlWWM 0 M$wWWW Ordinance 08.100 - Appendix A Amended Central Business Overlay District 00 •4-~ ~ M Y C I Y I Y'1, ~ ' - 1. i f , , , 144 - _ 5 y ,i n i ,1{ ~I f Orall Landscepo Code Revisions: November 17"', 1998 Page 20 29. 1.0 32 1 • r r O Ordinance 90.700 iAppendix B Fry Street Development Corporation Boundary • i , _ a To Lf lbm% N9 .6 C3 J .tic ~rppp~ I J ~ ®Q 0 W. eon • cd ~b !~~iii a f d ei* B6w, a f b 120 io Q D Q q.(na CIO OCROQ _ ate' 0 0 202 E_ - - 561 f,poop PA so Z3 [[tt W Bea A pap I l P • g Vito, FAY STREI r ? DEVELOPMENT CORPORATION BOUNDARIES FRY STREET AREA UNIVERSITY OF NORTH TEXAS CAMPUS ; { r jv- Drorl Landscape Code Revisions: November 1T", 1998 29 Page 21 f- - - - . 2 ~i x a 32 x Q 4 Agal" ~ ,....w",; rmvm wwvrarwu~yaAtitlMk:xe rS47e8s• nw i,^. a;e~':~ ~ Via,... ~ ' Ordinance 96100 Appendix C The Denton Municipal Airport _ I I f _ r~ l EffirrOZI 'l ~ r rr r~ ,f fl i f LlJ_.I. ®u..... xr~ rur~... _ if7 mr,... L rrr run. . - r _ ~ ~ rr. nnmw ' I. L i ~ r Draft Landscape Code Revislons: November 11", 1998 30. Papa 22 i r 2.5 ~ ' 32xil h 4 i+~rsaarr Ordinance 99.100 , I r SECTION IL. That any person violating any provision of this ordinance shah, upon conviction, be fined e ruin not exceeding $500.00. Each day that a provision of this ordinance Is violated shall constitute a separate and distinct offense. SECTION III. That H any section, subsection, paragraph, sentence, clause, phrase or word In this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of lhs remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares It would have enacted such remaining portions despite any such validity. SECTION IV. 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 h conflict with the provisions of this ordinance, shall remain In full force and effect, SECTION V. That this ordinance shall become effective on December 1", 1998, end the City Secretary Is hereby directed to cause the caption of this ordinance to be published twice in the Denton Reoord-Chronicts, a daily newspaper published In the City of Denton, Texas, within len (10) days of the date of Its poseage, PASSED AND APPROVED this the _ day of 1996. h JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY, APPROVED AS TO LEGAL FORM: ~ .r HERBERT L, PROUTY, CITY ATTORNEY BY: ~t ry. Draft Landscape Cods Rovlslons: November 17"', 1908 Page 23 31, 2 5 o Exhibit LANDSCAPE ORDINANCE AMENDMENTS.- ISSUES General Approach The basic premise of the landscape ordinance is to require all property owners to participate equally in i contributing to Denton's "urban forest." The "15 / 20 Rule," which requires 15 tree- per gross acre of site area and a minimum of 20°/ ° open space for plantings, is attainable and has not stymied development. Several landscape plans have been reviewed and approved by staff, but most have not yet been installed. An example of a project in compliance with the new landscape regulations is the new lack. In-Thc- Box located on University [hive, Sonic problems have been encountered with projects for which site acquisition and design had begun previous to ordinance adoption, but staff has worked with the developers of these projects to avoid major problems. 11A L u lssucs The major issues of the current version of the ordinance are listed below. Identifying the requirements as drafted and discussing possible revision options. No changes arc proposed that would make the ordinance more restrictive; instead, staff believes that "developer-friendly" revisions are needed to improve the fairness of the regulations without sacrificing the spirit and intent of the ,rdinance. LSSUE #ll: MONARCH THE ES- NOMINATION & DESIGNATION ` CURRENT REGULATIONS: Monarch Trees are defined as having "unique community value", and are txciflcally prohibited from removal upon designation, If a tree on the selected species list is 50% or greater in diameter (75°iu or greater for unlisted species) than the largest recorded tree in Texas (according to the state's Big Tree Registry), it is eligible for nomination. A property owner may voluntarily confirm a Monarch Tree designation in writing. An appeal of a nomination must be decided by the Planning and Zoning Commission. Q& )INANC'E PERFORMANCE; Significant problems have been encountered. When the issue of Monarch Trees was first discussed by City Council members, staff proposed a flexible concert that would nominate only the unusually large, unique, or historic trees in Denton, The staff intent was to Impact only a very small minority of Demon's tree population. Council members felt that the process was too discretionary, and asked staff to work with the KDI3 Tree hoard to develop a measurable nomination standard. The Big Tree Registry was discussed, and was soo, added as the standard for measurement. Instead of discretion on the part of the • Planning and Development Director, a 50 °ie or 75% sire threshold became the determinant for nomination. The size thresholds are the greatest problem encountered thus far, In instances where mature trees exist on a proposed development site, there is a high probability that a Monarch Tree nomination will be required. Evaluation crteria for Monarch Tree designations have not been provided to the Planning and Zoning Commission, and this has caused difficulties In deciding if trees should be dcsignaled or an appe.' granted. Comments have also been received favoring a public hearing requirement in association with P&!. Monarch Tree deliberations. } The major issue involved with respect to Monarch Trees is: "To what extent should a private dc,.iu~:cr be expected to alter a site design to protect Monarch Trees to the benefit of the public?" Even if the site standard is revised, questions regarding the exercise of city autho+ity must be answered. In listening to previous Council discussion regarding this issue, 32. Pr' , e 0 Q staff had thought that the original inlcnt was to jtA (not ui ) the private developer to investigate the possibility of saving unusually large trees instead of clearing a site without any regard for existing vegetation. &F-COMMENDATIONS: The Monarch Tree nomination process should be changed to allow the Planning Director to designate "Landmark" trees if they are 75% of the Big Tree Registry standard, and allo"ing property owners to elect to either preserv a the tree or mitlgate Its removal by installing replacement trees, OPTION Ml; The Planning & Zoning Commission could be given specific criteria to evaluate Monarch tree nominations, Such criteria could include financial / economic hardship, reasonable efforts made to explore alternative site plans, and relative visual and environmental impact of the tree if designated. A public hearing could be required before deliberations. OPTION M2: Use of the Big Tree Registry could be discontinued. If a tree has specific community value, interested citizens can petition the Planning Director to nominate the tree as a Monarch Tree. 1 MUE 02: EXPANSIONS & RECONSTRUCTION ("GRAND-FATHERING" CURRENT REQL1LATIQN$: Any expansion or reconstruction that exceed 25010 ofan existing structure's gross floor area or 25% of a parking lot's paved surfaces requires total landscape compliance for the entire site. ` ORDINANCE PERFORMANC1o This provision has not yet been triggered by a development proposal, This same requirement has been criticized as part of the proposed interim Corridors Ordinance, and is currently being revised, The landscape ordinance should undergo similar review. 1 RECONIMENllAT10 : apply requirements only to the newly expanded portion of existing development, In effect "grand-fathering" all structures and parking lots In existen.e prlor to May 1", 1998; or t QsJQ~Ll#J: Set total site compliance to a different percentage of gross floor area expansion, such as W'M, 500,0, 750; or some other measurable standard; or OP IOy : apply requiremen's only to new development, 100% reconstruction, changes of use, or occupancy of an existing structure whose use has been discontinued for at least one year. i 115SUE 0: CLEARING & GRADING PERMIT REVIEW PROCESS CURRENT REGULATIONS: A Clearing and Crrading permit is required as a part of the landscape plan. A plan showing the limits of clearing and grading is required before such activities may be commenced. Areas outside ;he limits of clearing and grading must be left in an undi`turbcd stale. The applicant must demonstrate that "reasonable construction practicer" ~ will be employed before the permit car, be Issued. O ORDINANCE PERFORMANCE, The renew criteria is subject to interpretation, and necessarily so because many di fferent factors must be considered when grading plans are generated. The mort complicated tasks fall to the Engiueering Department during l Devclopmenl Review Committee (UR(') evaluation for subdivisions, Individual plot plans are reviewed by Inspections staff, and if necessary, the Engineering Department. Wholesale 33. .9 p clearing and grading of land has been avoided after plan review has been completed, so some success has been realized. RECOMMENDATION: No revision options are offered at this point. Staff uses economic (cost) criteria to determine if proposed construction practices are "reasonable", and until other issues such as floodplain preservation are addressed, some tracts of land may undergo significant or even total site disturbance and grading. Staff wanted to inform Council of the current status of the clearing and grading requirements and some of the limitations involved when trying to minimize unnecessary site disturbance. ISSUE 04: TREE PRESERVATION CREDITS CURRENT REGULATIONS: When existing trees are preserved as credit toward meeting the 15 trees per acre requirement, :redits are not allowed for stems under 6 inched in diameter. The current schedule for credits; j~(J? ,11NO TREE CREDITS! REPLACEMENT TADL p1311ofExisting Tree Tree Credits Renlae4 mentO 6 to 12 inches 1.0 12+ to 24 inches 1.5 24+ to 36 inches 2.0 36+ inches 2.5 ' Replaceracut is required for public projects only. ORDINANCE PERFORMANCE: Staff has not encountered problems that couldn't be resolved, but new 3-inch trees should not be required because credit is not available for saving existing 3-inch trees. The tree credit approach has been used advantageously by developers for several project landscape plans, and docv provide realistic incentives for tree preservation. RECON1NIF.NDATJQjN_: The follow Ing revised credit schedule should be used: PROPOSED TREF, MQLTS JOLE DBII or F%Isline-Tgt Propq$.ed Tree Credits 3 to 9 Inches 11.0 9+ to 15 Inches 1's IS+to21 Inches 2.0 21+ to 21 Inches 215 21+ Inches 3.0 The existing (currently approved) tree credits table should be used to determine replacement requirements for public projects, and should be mo, ed to the proper section or the ordinance, S e ISSUE 0;; ALTERNATIVE LANDSCAPE _PLAN CURRENT REGULATIONS: Alternative landscape plans or methods of compliance are not ~ 0 9 mentioned in the ordinance ORDINANCE PERFORMANCE: The 15,20 Rule Is functioning well initially, but some inquiries have been made, asking if some portion of required trees (I5 per acre) can be planted off-sile or if pervious paving materials can qualify for partial credit toward the open space requirement (20% of site area). Some flexibility might be helpful to avoid variance petitions, 34. .32 x t f 0 i *WW" i i,..._..i •+.r..r .ruV*e*N00JM, IebYtl4lWhna.'~.•y+ANSayA.+on n..w... but limitations as to the extent of alternative compliance should be established. Credits for I pervious paving materials will reduce open space and generally increase parking areas in , proportion to total site area. RECOMMENDATION: Rather than requiring approval of a variance petition, allow a developer or property owner to submit an alternative landscape plan to City Council for approval, requiring an explanation of the need for the alternative plan and the advantages offered In lieu of the relief requested. This option would resemble the "Sits Plan Option" currently bring explored as a possible approach for the draft Corridor ordinance. OPTION: Define exact standards that indicate acceptable methods of alternative landscaping, including maximum levels of credits or thresholds that cannot be exceeded when using such methods. ISSUE #6: EXEMPTIONS CURRENT REGULATIONS: The Denton Municipal Airport, the Fry Street Area, and portions of the Central Business District (CBD) are exempted from the ordinance requirements. ORDINANCE PERFORMANCE: The exemptions have created no problems, but the unique ° nature of landfill activities could pose a future problem. , RECOMMENDATION: The municipal landfill should be exempted from the ordinance. ISSUE #7: SIZE BQUIREMENT FOR NEIN fREE (not reviewed by Council) CURRENT REGULATIONS: All trees planted to satisfy the tree standards must be a minimum of three (3) Inches in diameter at breast height (DBH). ORDINANCE PERFORMANCE: Some developers have complained that 3-inch DBH trees are too expensive to be considered reasonable, and t''+at Southeast Tex-t Nursery Growers' Association recommends that measurements for caliper (diameter) be made at a point "six inches from top of container", rather than at a height of 4%, feet (which is DBH height). The difference in the point of measurement is also causing problems in preparing landscape plan sperAcations. Larger trees tend to have a better chance of survival than smaller trees, but staff is ,:Iso interested in a requirement that is reasonable, RECO~1.MENDATIO : Require newly Installed trees to be three (3) Inches In caliper as per the houtheast Tess Nursery Crowen' Association. OPTION Require newly installed trees to be five (S) inches In caliper as per the Southeast Texas Nursery Orowers' Association, to approximate a 3-Inch DR[ tree. I, S.. j 1 , 1~.nA 4 q t ' . 1 M' / S 35, ,y •x 3 25x~~ 32X BMW. A O AgendR No Apends Item//// pale__J1 ~1_~L d AGENDA INFORMATION SHEET AGENDA DATE: November 17,1998 ' DEPARTMENT: Finance Administration ACM: Kathy DuBose ; UBJECT AN ORDINANCE SUSPENDING THE PROPOSED RATE INCREASE IN THE STATEMENT OF INTENT FILED BY LONE STAR GAS COMPANY FOR THE RATES FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS IN THE CITY OF DENTON, TEXAS ON OCTOBER 23, 1998, FOR NINETY (90) DAYS BEYOND THE INTENDED EFFECTIVE DATE; ADOPTING DECLARATIONS AND FINDINGS IN THE PREAMBLE; PROVIDING THE REASONS THEREFORE; PROVIDING A SEVERABILITY CLAUSE; AND PROVING FOR AN EFFECTIVE DATE, BACKGROUND On October 23, 1998, the Mayor received a letter and a series of documents from Kirk A. King, District Manager of Lone Star Gas Company, entitled "Lone Star Gas Request to Change Rates in the City of Denton," The Statement of Intent and request to change the rates was filed under the divisions of §104.101.104.111 of the Utilities Code (1997). Section 104.102(a) of the Code states that a gas utility, like Lone Star, may riot increase its rates, unless the utility files a statement of its intent with the regulatory authority having original jurisdiction over those rates (tht ("ity) at least thirty-five (33) days before ;fie effective date of the proposed increase. Under § I6+ 107 of the Code, the rate increase would take effect thirty-five (35) days from the date of filing of the Statement of Intent or on November 27, 1998 if the City has not taken action to approve, deny, or suspend the " rates by that time. 1 he City Council of the City of Denton is charged with the duty of making a "reasonable detennination" of Lone Star Gas' rate base, expenses, investment, and rate of return withln the municipal boundaries of Denton. To allow the City Council sufficient time to analvre and study the proposed increase and reach a dclennination of the justness, rca!:,nabtcness, and proprietary of same, the City Counci, must "suspend the rates." ® In order to suspend the to tc4, the City must pass an ordinance suspending the operation of p V i, the scheduled rates for no longer that ninety (90) days from the date the schedule would b~ otherwise be effective, and must deliver to tone Sur Gas a written statement of the City's reasons for suspending the rates. i t • 1 Q t The attached ordinance suspends the rates for ninety (90) days, provides reasons for such suspension, and also authorizes the City Manager to notify Lone Star Gas of the suspension and reasons for the suspension by sending Lone Star Gas a copy of the ordinance. OPTIONS 1. Approve the ordinance and suspend the proposed rate increase for ninety (90) days to allow time to investigate and analyze the proposed rates. 2. Disapprove the ordinance at.d allow the proposed rate increase to become effective on November 27, 1998. RECOMNIFNI` SON We recommend the City Council approve the ordinance and employ a rage expert to investigate and analyze the proposed rates and advise and report to the City Cotmcil the findings concerning the proposed rate increase. FISCAL INEORMATION If Lone Star Gas' proposed increase in gas rates is not suspended, all Lone Star customers within the City of Denton will have an increase in gas utility service costs effective November 27, 1998. Respectfully submitted: Kathy DuHose Assistant City Manager 7 ! ~ t• 1 ~ 0 0 'i t 2 y, 1 x 10, 3z q R-A t , "30M 0 *3x% "A ORDINANCE NO. AN ORDINANCE SUSPENDING THE PROPOSED RATE INCREASE IN THE + STATEMENT OF INTENT FILED BY LONE STAR GAS COMPANY FOR THE RATES FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CONSUMERS IN THE CITY OF DENTON, TEXAS ON OCTOBER 23, 1998, FOR 90 DAYS BEYOND THE INTENDED EFFECTIVE DATE; ADOPTING DECLARATIONS AND FINDINGS IN THE PREAMBLE; PROVIDING THE REASONS THEREFORE; PROVIDING A SEVERABILCIY CLAUSE; AND PROVING FOR AN EFFECTIVE DATE. WHEREAS, .gin October 23, 1998, none Star Gas Company, a division of Enserch Corporation, a wholly-owned subsidiary of Texas Utilities Company, hereinafter referred to as "Lone Star Gas Company" filed with the City its Statement of Intent to increase its rates for gas utility service in the City of Denton, Texas, as a prerequisite to a proposed change in gas rates to become effective !November 27, 1998, which, according to Lone Star Gas Company, will increase its annual revenue by $476,095 or 6.24%; and WHEREAS, the City Council has determined that Lone Star Gas Company's proposed increase in its rates for gas service in the City sho,;;1 be suspended to a future date, to-wit: to a time 90 days after the proposed effective date of November 22, 1998, for the following reasons: I . That the City Council of the City of Denton is charged with the duty of making a "reasonable detemdnation" of rate base, expenses, investment, amt rate of return within the municipal boundaries of Denton; 2. The City Council has not had sufficient time to analyze and study the proposed increase; and 3. That, in order to reach a determination of the justness, reasonableness, and proprietary of such rate increase, it will be necessary to employ rate experts to investigate and analyze such proposed rates and to advise Pod report to the City Council their findings concerning the rroposed rme incre?ae; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECCION I. That, in accordance with §104.107 of the Utilities Code (19?7), the l roposed increase by Lone Star Gas Company of its rates for gas service in the City be, and the sarne is hereby suspended for a period of 90 days after November 27, 1998, the date on which the schedule of proposed rates would otherwise have go,ie into effect, or until February 25, 1999. ,~T10N That the City Manager is hereby directed to send a copy of this ordinance, which shall constitute a written statement of the City of Denton's reasons for suspending the operation of the rate sche,h.te to offer;%Is of Lone Star Gas Company. 132 x I a fi c Q , I f SECTION III, That all of the declarations and findings contained i tnt -eamble to this ordinance are made a part hereof and shall be fully effective as a part of dained subject matter of this ordinance. SECTION IV. That should any portion, section, or part of a section of this ordinance be I declared invalid, inoperative, or void for any reason by a court of competent jurisdiction, such decision, opinion, or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION III. That this ordinance shall take effect and be in force from and after its passage, and it is so ordained. PASSED AND APPROVED this the day of 11998. JACK MILLER, MAYOR i AITEST: JENNIFER WALTERS, CITY SECRETARY BY: I APPROVED AS TO LEGAL FORA HERBERT L. PROUTY, CITY ATTORNEY a 0 BY: • /'•~~.Qdrp t6t OU D,;menunkivaeMLM Ma ,M<rw~wvlm 6• I I t~ t~ If i ~f Page 2 a r A414 1, r 1 k 32X r.. Min" 0 11 XAP1 D9 Apenaa Nn Agenda Item) Q Date - AGENDA INFORMATION SHEET AGENDA AGENDA DATE: November 17,1998 ` DEPARTMENT: Engineering & Transportation CMIDCMOACM: Rick Svehla, Deputy City Manager SBLEQ CONSIDER AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND STATE STREET BANK AND TRUST COMPANY AS TRUSTEE FOR THE ELECTRONIC DATA SYSTEMS CORPORATION RETIREMENT PLAN AND TRUST, RELATING TO THE PURCHASE OF 0,W5 ACRE OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 11); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND 1 Stephan A. Scott, Asset Manager, Real Estate, Electronic Data System Corporation has agreed to accept the offer to purchase the required right of way for the U.S. Highway 77 Widening Project and will have the Real Estate Contract executed after approval and execution by the City of Denton. The contract amount of 511,715.00 represents the fair market value as determined by an independent appraiser and reviewed by a separate appraiser for conformity and as required by The Texas Department Transportation (TX. D.O.T,). The Appraiser and Review Appraiser services were approved by the City Council in 1997 (Professional Services Contracts). OPTION . Approve 1. Disapprove RECOMMENDATIONS Staff Recommends approval. The U.S. 77 Highway Widening Project has been endorsed on all levels. PRIOR ACTIONIREVIEW (CouncilBoards,CornmLaional The Planning & Zoning Commission recommends approval • O • FISCAL INFORMATION i The purchase price is $11,715.00 plus closing cost of approximately $500.00. I SAP I ~ Attached. { 1 E ' 1 0 Vz x i [ r v 1 1 I 0 i 1 r . i... . irr.rr'. IM~irn:.M1'FYHNmf ~+IFtir?IXV-M. •✓r: n:!~h~Yr.~... ...-a.. ~ ~ r I i ♦ l Respectfully submitted: krr C k, Di~ctor Prepared by: Engineering & Transportation Paul Williamson Right-of- Way Agent r 1 I b' ~r 5 i f 1 i r• i a, 10 32 10 o 7wxwm C*A F11 N r I NO SCALE ~I ! 1 > V$TK'gt+av lcea FIB 1 71a~ f y SITE r A w r. r. • • w • i LOCATION MAP f r 1 >>x10 32X10 01 o ' o • AVM7M4 I`♦ 1 ij i r Y GC lie e. Oil r 1 .,r g L AMPPIII- BONNE BRAE ROAD offs MAP 4 w~~ K ~ ❑ .7G T LIM , 0 Planning and Zoning Minutes July 23, 1997 Page 2 Ms. Scherte: Are there any other nominations? If there are none, nominations are closed. We will vote on the nominees in the order of their nomination. I will list their name and then after I am through if you will raise your right hand if you are in favor. As many as are in favor of Jim Engelbrecht please raise your right band. (Vote - 3) As many as are in favor of Ellen Schettz please raise your right hand. (Vote - 4) ne new Chair person by majority is Ellen Schein. Thank you. For the second nominee we will be electing Vice-Chair person. The floor is open. Ms. Apple: I would like to nominate Bob Powell. Ms. Schertz: Are there any further nominations? Mr, Moreno; I would nominate Jim Engelbrecht. Ms. Schertz: Are there any further nominations? Seeing none, nominations are closed. As many as are in favor of Bob Powell, please raise your right hand. (Vote - 4) Seeing there is a majority, the new Vice-Chair person will be Bob Powell. Congratulations. M. Consider approval of the minus of the July 9, 1997 meeting. Ms. Schertz: Are there any corrections? Seeing none, the minutes will stand approved as written. ~J IV, Consider making recommendation to the City Council for the acquisition of the Right-of- Way for U.S. 377 from F. M, 2164 to 1.35. Mr, Powell: That's not 377 but is 77, Ms. Schertz: You are correct. Let the minutes reflect that. Mr. Powell: 1 would move that we recommend to the City Council the acquisition of Right-of-Way for US 77 from FM 2164 to I.35. :r Ms. Gamer: Second. Ms. Schertz: Is there any discussion? Ali in favor, please raise your right hand. Motion passes. (7-0) V. Consider making recommendation to the City Crumcil for the acquisition of the Rigbtof Way for Lakeview Boulevard. O Mr. Powell: I move that we make recommendation to the City Council for the acquisition of the Right-of-way for Lakeview Boulevard. Mr. Engelbrecbt: Second. s 5 i 25 Q 1 ORDINANCE N0. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF { DENTON AND STATE STREET BANK AND TRUST COMPANY AS TRUSTEE FOR THE ELECTRONIC DATA SYSTEMS CORPORATION R13TIREMENT PLAN AND TRUST, RELATING TO THE PURCHASE OF 0.935 ACRE OF LAND FOR THE EXPANSION OF U.' S. HIGHWAY 77 (PARCPI, 11); AUTHORIZING THE EXPF.NDITURR OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DA'T'E. THE COUNCIL OF THE CITY OF DEMON, TEXAS HERESY ORDAINS: SECTION I. That the City Manager Is hereby authorised to execute a Real Estate Contract between the City and State Street Bank and Trust Company as Trustee for the i' Electronic Data Systems Corporation Retirement Plan and Trust, in substantially the form of the Real Estate Contract which is attached to and made a pal of this ordinance fo all purposes, for the purchase o(0135 acres of land for the expansion of U. S. Highway 77 (Parcel 11). SECTION II. That the City Manages is authorised to make the "pendiJJtures u act forth in the attached Real Fatale Contract, SECTION III. That this ordinance shall become effective immediately Pon its passage and approval. PASSED AND APPROVED this the - day of , 1998. JACK MILLER, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY • BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY i FRY: f 2 A 32x11) IW. r. rr e U t REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between STATE STREET BANK AND TRUST COMPANY as Trustee for the Electronic Data Systems Corporation Retirement Plan, a trust qualified under Section 501(a) of the Internal Revenue Code (hereinafter referred to as "Seller') and CITY OF DENTON, TEXA3, a home rule municipalirf, of Denton, Denton County (hereinafter referred to as "Purchaser"), upon the terms and .onditions set forth herein. PURCHASE AND SALE , Seiler hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all those certain tracts, lots or parcels of land described in Exhibits "A" & "A-I" attached with all rights and appurtenances pertaining to the said properties, including any right, title and interest of Seller in and to adjacent streets, alleys or rights- of-way (all of such real properties, rights, and appurtenances being hereinafter referred to collectively as the "Property'), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. PURCHASE PRICE 1. Amount of Purchase Price. The purchase price for the Property shall be the sum ot'311,715.00. 2. Payment of Purchase Price. The full amount of the Purchase Price shall be Tayable in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are . -'Jett to the satisfaction of each of the following conditions any of %I ich may be waived in whole or in part by Purchaser at or prior to the closing. I. Preliminary Title Reoort. Within twenty (20) days after the date hereof, Purchaser, at Purchaser's sole cost and expense, shall have caused the title Company (hereinafter defined) to issue a owners policy commitment (the "Commitmt.d") E O accompanied by copies of all recorded documents relating to easements, rights-of-way, i etc„ affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory. In the event Purchaser states 1 yiilly 6 6 N ~•r~~~K r ~~iy a / ~ 4 ` I ~A 0 , 0 the condition of tide is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of O"haser. In the event Seller is unable or unwilling to do so within ten (10) days after receipt of written nc.~ce, this Agreement shall thereupon be null and void for all purposes; otherwise, ads condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. Any matter to which Purchar r does not object and all matters shown or referred to on Schedule B of the Commitment (updated to reflect curative efforts, if any) will be deemed Permitted Exceptions. 2, Sun,ev. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description. Purchaser will have ten (10) days after receipt of the survey to revi vtd approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give ",'ter written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seiler is unable or unwilling to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Tid. Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3, Seller's ComoliWg4. Seller shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller pri or to or as of the closing. 1 ' REPRESENTATIONS AND WARRANTIES OF SELLEP 0 Seller hereby represents and warrants to Purchaser as follows, which represeutations and warranties shall be deemed made by Seller to Purchaser also as of the closing date; 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other panics, except for a grazing lease between 1D Seller and a third party. Seller agrees to terminate said lease. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, 2 w ? K ~Q 3zx!❑ o or any part thereof, nor to the best knowledge and belief of Seller is any such .-xceding or assessment contemplated by any governmental authority. 3. To the best of Seller's knowledge, Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. To the best of Seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials inC ide, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended. As used herein, "to the best of Seller's knowledge" means the knowledge of Marilyn Kasko, Director, Asset Management and Daniel F. Busch, Division Manager, Real Estate. In no event will either Marilyn Kasko or Daniel F. Busch have any personal liability for any claims arising from this representation. 5. Except as specifically provided herein, the Property is sold "AS IS", with no warranties of any type or for any manner, including any environmental conditions existing on the Property. REPRESENTATIONS AND WARRANTIES OF PURCHASER Each of the Purchasers represent that each is duly authorized to enter into this transaction and all obligations contained herein and the party signing in behalf of each party is duly authorized to sign in that party's behalf. CLOSING The closing shall be held at the office of Dentex Title Company on or before November 30, 1998, or at such title company, time, dale, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "Closing Date"). l PURCHASER'S REPREUNTAI[IONS AND WARRANTIES Purchaser represent that it is dt ly authorized to enter into this transaction and all obligations contained herein and thr party signing in behalf of Purchaser is duly authorized to sign in Purchaser'r behalf. CIMi.NG RE_OUIIRFM> NTS 1. Seller's Require vents. At the closing Seller shall; A. Delivrr to Purchaser a duly executed and acknowledged Special Warranty Deed in t;,e form as attached hereto as Exhibit."B" conveying good and 3 iC7Y (r ~ Cy y 01 ~rsaaeen 4 p marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: I. General real estate taxes for the year of closing and subsequa_t years not yet due and payable; 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations hereof; and 3. The Permitted Exceptions. P. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas (the "Title Company'), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in th - full amount of the purchaser price, insur:ng fee simfie title for the State of Texas to the Property subject only to the ermined Exceptions such : then exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however: 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be bome by Purchaser; 2. The exception as to restrictive er venants shall be endorsed "None of Record"; I 3. The exception fot taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"; and 4. The exc:ption as to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of • Closing. 2. Purchaser's Renuirements. Purchaser shall pay the consideration as { referenced in the "Purchaser Price" section of this Contract at Closing in immediately available funds. 3. Closing Costs. Seller shall pay all taxes assessed by any tax collection O f authority through the date of Closing, except for any rollback taxes. -I All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser and Seller. 4 t 3 2 X ..w o loom" O I 40MV REAL ;FATE COMMISSION Seller .,:od Purchaser represent to each other that no broker or other party has represented either party for which a commission or fee would be due. Purchaser and Seiler agree to indemnify and hold each other harmless from any claims for commissions. B,ZEACH BY SELL F$ In the event Seller shall fai? tr, fully and timely perform any of tIn obligations hereunder or shall fail to consummate the stile of the Property except Purchaser's default, Purchs3er, as Ptrchaser's sole remedy, may either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to Seiler. BREACH BY PURCHASER In the event Purchaser should fail to consummate tie purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS havi: g been satisfied and Purchaser being in default Seller, as Seller's sole remedy, may either enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to Purchaser. MISCELLANEOUS 1 I, Assignment of q ement, This Agreement may not be assigned by Purchaser without the expre: s written consent of Seller. 2. Survival of Covenants. Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the Closing of the transactions contemplated hereby sha'i not survive the Closing and shall be merged into the Special Warranty Deed. 3. is . Any notice required or permitted to be delivered hereunder shall be deemeu t,:ceived when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the addiess set forth beneath Lire signature of the party. s 4, Texas Law to Aooly, This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created her.-under art per,ormable in Denton County, Texas, 5. pj$~ Baund. This Agreement shall be binding upon and intro to the p benefit of the parties and their respective heirs, executors, administrators, legal R 1epresen1stive5, successors as ' assips where permitted by this Agreement. x S y, r ,p r % ( 2 X ~ r~ spiry .~r.1..at~.....ra..~....... ~ t ~ ,J _ ~ ❑ 01 0 SIRNM 6. Ge¢a! Construction. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said invalidity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. " 7. Prior Ag er ements Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or ui! ten or oral agreements between the parties respecting the within subject matter. g. Time of Essence. Time is of the essence In this Agreement. 9. Gender Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. , 10. Compliance, In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be famished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 11. Time LiIl {i' , In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Seller, Purchaser shall have the right to terminal- this Agreement upon written notice to Seller. DATED thix day of 1999. SELLER: PURCHASER: kA STATE STREET BANK AY) TRUST THE CITY OF DENTON, TEXAS COhi PANY AS TRUSTEE FOR THE ELECTRONIC DATA SYSTEMS CORPORATION RETIREMENT PLAN • j BY: BY: _ Michael W. Jez i Name: Title City Manager 5400 Legacy Dr. 115 E. McKinney Piano, Texas 15024 Denton, Texas 76201 6 1 "hg Si; 1.s.6,prsmra+r.~ 5 x r 32 A i ~ axe - i r STATE OF TEXAS $ i COUNTY OF DENTON This instrument is acknowledged before me, on this day of 1999 by Michael W. Jez, City Manager, of the City of Denton, a municipal corporation, known to me to be the person and officer whose tame is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by a;propriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purposes and consideration therein I expressed, and in the capacity therein stated. Notary Public in amc: ,or I My Commission Expires: the State of Texas ' STATE OF COUNTY OF This instrument is acknowledged before me, on this day of~ 1998 by of STATE STREET BANK AND TRUST COMPANY as Trustee for the Electronic Data Systems Corporation Retirement Plan known to me to be the person and officer whose name Is subscribed to the foregoing instr+inen, and acknowledged to me that the same was the act of the said corporation. i c r Notary Public in and for j Sly Commission Expires: the Sate of E- 1 I i ,Rr 1 T 1 (1 f • Documem 9310, V7 I 7 1 {{j' 2 ❑ 32X Q 0 0 OWIBIT'As County Pats I of Pro(ect Limits: From Rev. November 28, 199e CSJ:010"2• To U 0 Account: FIELD NOTES FOR PARCEL BEING A PARCH. OF LAND SITUATED IN A CALLED 39.3 61 •ACAE TRACT CONVEYED TO ELECTRONIC DATA SYSTEMS CORPORATION AETIAEMENT PLAN AND TRUST (EDS), AECORDED IN VOLUME 1081, PAGE 887, DEED AECORDS OF DENTON COUNTY, TEXAS (DAOCT), AND BEING SITUATED IN THE J.S. COLLAAD SURVEY, ABSTRACT NO. 297, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLL OWS: COMMENCING for reference at a fccind 6/84nch Iron rod being on mole point In the west One of a 13.212•1Cn tract conveyed to Brian P. Cst&Wo, Trustee, recorded In Volume 2218, Pape 649. DRDCT, same bong in t .c east line of sold EDS net THENCE N 134 60' 36' E, along the wait One of :sold Catalano tract and the east be of ufd EOS tract. a distance of 888.13 feet to a point being the northeast comer of asW EDS eras fn the existing South right of way be of U.S. 77: THENCE N 684 11'36* W, olono the north be of sew EDS tract and existing South right of way One of U.S. 77, a distance of 1080.78 feet to a eat 6/84roch iron rod with an aluminum up for the POINT OF BEGINNING and being a point on the new south right of way one of U.S. 77, (1) THENCE N 694 43' 48' W, with said rnw south tight of way Me of U.S. 77, and crossing SaW 1 COS tract, a distance of 100.00 feet to a Set 5184ndt iron rod with an aluminum cap: (2) THENCE N 680 11' 384 W, with aid new south right of way an* of U.S. 77, a distance of 120.00 feet to a eat 8/8-Inch Yon rod whh an ahuninum cap, same being on the now fate right of way One for BonnM enf Road, being in-1, non-tangem circular curve to the left having a radius of 170.49 feet: 131 THENCE Southwesterly, along the new right of way One of said road, and sold cwve to the left, through a delta mole of 304 31' 23% an we distance of 90.82 feet. and having a Chad which bean S 124 18' 20' W, a distant:a of 89.78 feet to a set 618-Inch Iron rod with an ahntnlnum cap being the point of tangency: (4) THENCE S 020 69' 21' E, mono the new feat right of way Me of Brnnie Me Road, a distance • of 148.00 feet to a set 6/8-inch Iron rod with an shunLtum ace: f6l THENCE S 874 00' 391 W, Moving the new right of way the of saw road, a dtstanee *13 0, go feat to a set PK neii with shiny bWM an the won property line of said EDS tract and now the present canter be of uld Bonne Brae Aosd: (61 THENCE N 004 64' 02' E, along the west be of Said EDS tract, a distance of 43.27 het to e 1 • found 1/2-Inch ken rod: O • es,4serv 32 X dfrParSF °t EXHIBIT •A" HHlohwayry 04912 of . Project tlmke: From l.tl..3>I Rav. NowmWar 28. ri8.' CW. y,y,-ipp unt: To I • HELD NOTES FOR PARCEL ]1 171 THENCE N 260 04107, we whh the went gme of "M EDS treat, a dhow" of 1 fa.68 feet to a at PK nee whh eNnem, 181 THENCE N 020 69' 216 We orouyq aakl WS tract. a t9atartea of 1.08 foot to a on PK ra8 with al*w, baYtg an the now west right of way Il" for me I Ore Road, and betn0 the bepfnnfn g of a tdrl u' MM to tM ftn hiving a MOA of 260.49 fm 191 THENCE Northeasterly, go" aid pale to ft fOfK eke maw went ABht of wry Bna for f Oonna Ore Raid, tfuotrgh a dolt angle of 340 14' 19', an NO Oftnoo of 149.89 fur, and fnvirtg a chord which Were N 146 07 48. IL a detrtoa of 147.47 fan to a sot 6/8-Inch from fad . wkh art akm Munn cap beft on the raw nuM rfpht of way One of U.& 771 1! 01 THENCE N 46~ 64' 20• We along lie new euM right of way the of U.S 77, a dLtanaa of 49.72 fan to a sot 8/ rich Iron red w M on a m*wm cap ammo baing m point on the rordt One of sold EDS tract and the wdadng south dot of way j" of U.6. 771 111! THENCE S 68a 11' 38• If, +bn0 a 6w'c6t+irim '0-00-463 trait and U.B. 770 a Glwnee of 347.20 fan to dta POINT OF BEGINNING, and eorr k*v 0.607 am, or 22,101 aduan foot of land, MM Of lea, of wNdt 4840 agtwe fat raided In do preaw"" don of way of Bonne Ore Road. Qf John F. 1MIder, R.P.LS. •••T .,'•.#a Texas No. 4286 JO1f1Y F; yI~ Dste "Z 7 0.""MV f x 32 x IO { ' i mtm~w s 0 I i FIELD NOTES FOR PARCEL I IA BEING A PARCEL OF LANO SITUATED IN A CALLED 30.381,4CRE TRACT OOWEyW TO ELECTRONIC DATA SYSTEMS CORPORATION RETIREfJ.EMT PLAN AND TRUST (EpS) ~RDERCDOCRT)D,ED AND BEING W VOLUME 1661, PASS W- DEED REOORDS OF OENTON MP M. TEXAS DENTON, OENTON COUNTY. TEXAS. AND REM MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING far rafawna at a found &$4ndt km rod bekV an wm* point In tM west kw a (e 23.212-ass tract oortwy„d to BAsn P. Catalano, Trt dW raoerded In Vokana 2210, Fags 64 DROCT. same bWV In the uel *0 of said EDS trek THENCE N 134 60' 36' V. ebn01M w W Me of Gab Catelana Ind and the Gal Me d seld E03 trace a distance of 666.13 feel to a point bmV the ra VMM aornar of &Wd EDS had in ft edWnO south rlpht of way Me of U.S. 77; THENCE N 691 11' 36' W, alor~0 ft mf4h kw d said EDS W d rid edrq saRh rVd of way Me of U.S. 77, a dbtanos d 1427.06 feet to a sat 61Sandt k= rod wlfh an dumtnum eap far d* POINT OF WINNING and bekV ■ POW m the south rVd o (way kw d U.S. 77; (1) THENCE S 460 64'21Y I. Mwv the now tbuUt dgM of way IN of U.S. Tl, a dew" of 40.72 feel to a sel 6.'8.tr1oh Lan rod wNh an Mahn Gap same betrp a POW an the new b a wael ApM of way fm for Sonnle ens Rod, and b" the bopv* 0 of a drolar *Aye, southwesterly dsctkn, hMV a MOWS 4260.40 Peek (2) THENCE eaaftwestariy, MWV said etave b tte bd and add haw wet for Bonds Brae Rod, Ovau0h a dab arpb of 340 14' 10', an afa darm xf140.40 f*K NW PIK rod whh fa dnord which bus 0 10 OT 46' W a dbbm of 147.47 feet to a so b"V now the PnearM ca tv Im d way of Bane Bras: (3) THENCE S 020 60' 21' E, aossMq satd EOS Insa a dstsna of 1.00 feel to e so PK nap with shknar, f•+;q on the new west tlpM d way Irts far Barrie Ma Road. (4) THENCE N 26' 04' OT w, with tie west Ww of add EM &KL a distance of 281.10 feel b tine northwest comer of said 603 track (6) (HENCE S 66. 11' 36' E. with said sxb8ny cdr eroM of way Ine of U.S. 77, a dbtanoe Of 146.52 feel to point of bsowi and Oomisk rq 0.328 Gem of whkh 064 oar" halts In the r>nualptw rIOM of wey of Sm* Bne Road ft a nm Wnder d 0214 Gone i Of Isnd more or tau r u 0 10 25 , i I o i :fKINV1~l Ff EE8ISIT •B" SPECIAL WARRANTY DSSD I Dates November , 1998 I Grantor: STATE BTREST BANK AND TRUST CONDANY as Trustee for Blectronic Data Systems Corporation Retirement Plan Grantee: City of Dlmton ' Grantee's Nailing Address (including county)s City of Denton 141 North Slm Street Denton, Texas 76401 Denton, County Considerations TEN DOLLARS AND NO/100 and other good and valuable consideration. Property (including any improvements)s All those certain tracts of land being situated in the J.S. Collard Survey, Abstract No. 197, Denton County, Texas and being more particularly described in IMMIBIT A' i •Exbibit A-10 attached hereto and by this reference being made a part hereof for all purpose.-. Reservations from and Exceptions to Conveyance and Narrantys Easements, rights-of-way, and pr+scriptive rights, whether of record or notr all presently recorded instruments, other than liens and conveyances, that affect the property. GRANTOR , for the consideration, receipt of which is hereby acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and convoys to Grantee the property, together with all arA singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to GRANTES, GRANTEE'S heirs, executor, administrators, g' successors or assigns forever. GRANTOR binds GRANTOR and GRANTOR'S heirs, executors. administrators and successors to Deed -1 a h 0 , i warrant and forever defend all and singular the property to GRANTEE and GRAWM'B heirs, executors, adainistrators, successors and assigns against every parson whomsoever lawfully claiming or to nlsim the same or any part thereof, by, through or under Grantor, but not otherwise, except as to the reservations from and exceptions to conveyance and warranty. When the context requires, singular nouns and pronouns include the plural. 14 STATE STREET BANK AND TRUST C001PANY I AS TRUSTEE FOR THE ELECTRONIC DATA SYSTEMS CORPORATION RETIREMENT PLAN Bye _ Names Titles 6400 Legacy Dr. Plano, Texas 75024 ACKNOwLIVO CKM STATE OF TEXAS i COUNTY OF DENTON i This instrument was acknowledged before as on this day f of , 1995 by , of Electronic Data Systems Corporation Retirement Plan And Trust,a Texas Corporation, Known to as to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the some was the act of the said corporation. r Notary Public, in and for the State of Texas ~ i Hy Commission Expiress 4 O ' Deed-2 "W k, t ~~x 32x~❑ ' 0 a i ..5...:. . . , q[ql. i 1 Ad]r..i>r , r, e~l.J. .xba?Mn>w•tiw'MY news ~n i. L..rTM ri• ~ Agmda C J. Agenda JL/ Ti7G/. ` Agenda Item 3 AGENDA INFORMATION SHEET Pate I'7 .-M AGENDA DATE; November 17,1999 DEPARTMENT: Eogioeering & Trausporlatlon CM/DCMIACM: Rick Svebla, Deputy City Manager 6 f , I SUBJECT: CONSIDER AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PERSONAL SERVICES CONTRACT WITH ROGER WILKINSON TO PROVIDE TrCHNICAL SUPPORT FOR THE ACQUISITION OF RIGHT-OFANFAY PARCELS AND UTILITY EASEMENTS RELATING TO THE U.S. HIGHWAY 77 PROTECT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATF. BACKGRO Jim The City of Denton has been using Mr. Wilkinson's services in all of the recent right-or-way acquisitions for the U.S. 77 widening project in the past few months. This contract would allow the City of Denton to utilize his expertise in completion of the right-of-way acquisition phase and also to obtain the public utility easements necessary f)r successful completion of pending utility relocations. OPTION'S: 1. Approval 2. Disapproval RECOMMENDATION; a Staff recommends approval. The timing and scope of the project at hand exceeds the capacity of l ` the Right-of-Way Division staff. Mr. Wilkinson has demonstrated proficiency in optimizing our resources within the limits of the U ,S. 77 project. PRIOR ACTION/REVIEW (Council Boards Commissions None FISCAL INFORMATION 1 S120,000.00 Fee t MA.E None r Respectfully submitted; ct~- ! lark, D actor Prepared by: Engineering & Transportation Paul Williamson, Right-of-Way Agent x10 2 h x ~G~1 32 • •t ,AND= - ORDINANCE NO, - I AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PERSONAL SERVICES CONTRACT WITH ROGER WILKINSON TO PROVIDE TECHNICAL SUPPORT FOR THE ACQL9SITION OF RIGHT-OF-WAY PARCELS AND UTILITY EASEMENTS REL/ TING TO THE U. S. HIGHWAY 77 PROJECT; AUTHORIZING THE EXPENDITURF OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton wishes to contract with Roger Wilkinson to provide personal services with regard to the acquisition of (I) rightof-way parcels and (2) public utility easements for the Utility Relocation Phase, for the U. S. Highway 77 Project; and WHEREAS, a Personal Services Contract is exempt from competitive bidding in accordance with Tex. Loc. Gov't Code §252.002(&}(4); and WHEREAS, he City Council deems it in the public interest to authorize the City Manager to enter into a Personal Services Contract with Roger Wilkinson for the above- mentioned acquisition services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF IDENTON HEREBY ORDAINS: $ECT10N 1. That the City Manager is hereby authorized to enter into a Personal Services Contract with Roger Wilkinson, substantially in the form of the attached Contract, which is made a part of this ordinance for all purposes, to provide (1) right-of way parcels and (2) public utility easements for the Utility Relocation Phase, for the U. S. Highway 77 Project. a k , SECTION 11. That the City Manager is hereby authorized to make the expenditures as outlined in the attached Contract. SECTION 111. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED th's the day of 1998. I 'v JACK MILLER, MAYOR O a, 1 2 .F ?erg "r: 7+) K ~t.J 32XIO " i I'1frIV~ r I ATTEST: JENNIFER WALTERS, CITY SECRETARY 1 BY: APPROVED AS TO LEGAL. FORM: 1 , HERBERT L. PROUTY, CITY ATTORNEY BY: Qc I, ~ i I~; t r. 1lxeronvrwvo. owrruaw~elm •~~n~n Ar 3 r :Page 2 32 w 0 i wNCaaw , r, m4 EMPLOYMENT CONTRACT FOR PERSONAL SERVICFS STATE OF TEXAS § COUNTY OF DENTON § This Agreement, made and entered into this day of , 1998, by and between Roger Wilkinson, , hereinafter referred to as "Consultant," and the City of Denton, a Texas Municipal Corporation, 215 East McKinney, Denton, Texas 76201, aereinafter referred to as "City." WITNESSETH WHEREAS, the City necJs to employ Roger Wilkinson, the former Engineering Tech Supervisor, to assist the City; and 1 WHEREAS, the Consultant i+ the former Engineering Tech Supervisor for the Cilf, and has over twenty-five years of experience in working with the City's right-of-way-services, and has unique qualifications and experience that no other person can offer the City daring this period of time; NOW, THEREFORE, in consideration of the promises and mutual obligations Fmin, the parties hereto do mutually agree as follows: I. Scope of Services: The Consultant shall perform the following personal services in a professional manner working as an independent contractor not under the direct supervision and control of the City: A. Consultant will provide, without litritatiret, the following services: I . Technical support specifically for the acquisition of right-of-wsy parcels for the pending U.S. Highway 77 Project, the limits for the project being from I.H. 35.to U.S. 380 (University Drive) 2. Technical support specifically for the acquisition of public Utility Easements for the Utility Relocation Phase for the pending U.S. Highway 77 Project, the I limits for the project being from I H. 35 to U.S. 380 (University ilrive). B. The Consultant shall perftmn all the services required in a timely fashion, and shall complete same in compliance with schedules established by the City through its City Manager, As appropriate to carry out the terms and conditions of this Agreement. II. IM M The term of this Agreement shall begin on November 6, 1998 and continue through September 30, 1999. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence of this Agreement, and the Consultant shall make ail 4 32>:In ' ~ k i o 6M FA ' 1'afllk9 reasonable efforts to complete the services W. forth herein as exxditiously as possible and to me-t the :,61,edul:s established by the City, through its City Manag6t III. Comwasathon gpdRebod of Payment.• A. The Consultant shall be paid at the rate of sixty dollars ($60.00) pr, Lour, and shall provide at least forty hour per week of consultin; services, and will be available for additional consulting services as may be required by the City Manager. The total comr~.oaue;, to be paid to the Consultant under this Agreement shall not exceed One-Hundred and Twenty-Mousand Dollars ($120,000), unless the City Council approves additional compensation upon I request of the City Manager. D. The Consultant shall devote the amount of time t,, this matter necessary to perform the services herein, but will try to reduce costs wherever possible. The Consultant shall bill the City through the submission of invoices, ststemen% and , other documentation, toge:atr with support data indicating the prog" of the work and the services perfo,7ned on the basis of monthly statements showing hourly rates indicating who performed the work, what type of work was done, and details of al, services mnrlcr+ai, along with any reasonable and necessary uut. of pocket expenses tncurred. C. Additionally, the City shall either pay directly or reimburse the Consultant, as the case may be, for reasonable and necessary out-of-pocket expenses, including but not limited to, telephone, telecopier, reproduction, postage, overnight courier, vehicle mileage(S.325 cents per mile), .end travel. Alt copies will be charged at fifteen cents ($.15) per copy fc, copies made within C'onsultant's offices, and as ro."Cli photocopying as possible will be done by outsi it vendors at bulk rates or by the City to reduce costs if bulk cc,-tying is necessary. D. Upon completion of all services for a particular Issue or transaction, the City shall make payment to the Consultant within dirty (30) days of the satisfactory completion of sc:tices and receipt of ah invoice or statement. The parties anticipate Invoi es or statements for services will be generated on a monthly basis and that said invoices or statements %W1. he -tent on or about the 15th day of each month. All reimbursable expenses, including Sul not necessarily limited to travel, lodging, and meals shall be paid at the actual cent, purstutmt to the terms and conditions hereinabove set fonlr. All invoices anti bills shall be approved by the City Manager. ~g E. It is understood that the Consultant shall work und., the coordination and general supervision of the Ciq Manager. F. All notic. invoices, and paymwt shall .x made in "i,'ag and may be given by personal delivery or by mail. Notices, invoices, r nd payments Pent by mail shall be addressed respectfully, Micb sel W. 1ex, City Manager, 215 E. McKinney, D nton. Texa; 76201, or to Paul Williamson, Right-of-Way Agent, 221 North Page 2 5 2t) K 10 32X I CJ 1 e OWLr* 0 Elm Street. When so addressed, the notice, invoice, and/or payment shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices, invoices, and/or payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of um , responsible person or office to whom notices, invoices, and/or paymerts are to be sent, provided reasonable notice is given. IV. Profeaslooal Competency: A. The Consultant agrees that in the performance of these professional services, Consulte {hall be responsible to the level of competency and shall use the game def, ec ui skill and care presently maintained b) other practicing professionals performing the same or similar types of work. For the purpose of this Agreement, the key person who will be performing the work hereunder shall be Roger Wilkinson. B. Any report and other documents prepared or obtained under the terms of this Agreement are instruments of service and the City sliall retain ownership and a property interest therein. If this Agreement is terminated at any time for any reason prior to payment to the Consultant for work under this Agreement, all such documents prepared or obtained under the urns of the Agreement shall upon termination be delivered to and become the property of the City upon request and without restriction on their use or further compensation to the Consultant. V. Establlshment and Maintenance of Records: Full and accurate records shall be maintained by the Consultant at its place of business w''a respect to all matters covered by this Agreement. Such records shall be maintained for a period of at least three years afler receipt of final payment under this Agreement. i VII Audits and Inspection: At any time during normal business hours and upon reasonable notice to the Consultant, there shall be made available to the City all of the Con,- dtant's records with respect to all matters covered by this Agreement. The Consultant shall permit the City to audit, examine, and make excepts or transcriprs from such records, and to make audits of contracts, invoices, mrlerials, and other data relating to all matters covered by this Agreement VII. Accomplishment of Project: The Consultant shall commence, carry on, and complete any and all projects with all practicable dispatch; in a sound, economics, srtd effiJent matter; and, in accordance with the provisions hereof and all applicable laws. In accomplishing the projects, the Consultant shall take such steps as are appropriate to insure that the work involved is properly coordinated with related work being carried on in the City. O Vfil. laftm°Ity and Ind pendent Contractor Relation36jp; The Consultant shall perform 211 services as an independent contractor not under the direct supervision and control of the City. Nothing herein shall be construed as creating a relationship of employer and employee between the parties. The City and Consultant agree to cooperate in the defense of any claims, action, suit, or proceeding of any kind brought by a third party which may result from or directly or indirectly arise from any negligence and/or errors or omissions on the part of the Consultant or page 3 6 rS"`, ~t~ I L1 32 x v , 0 from any breach of the Consultant's obligations under this Agreement. The Consultant agrees to defend, indemnify and bold harmless the City and all of its officers, agents, servants, and employees against any and all such claims, demands, damages, losses, and expenses, including, without limitation, court costs and retsonable attorney's fees incurred by the City in each case , solely for injury, death, and physical damages to real or tangible personal property to the extent resulting from the negligent acts or emissions of the consultant in the performance of this Agreement. Nothing herein constitutes a waiver of any rights or remedies the City may have to pursue under either law or equity, Including, without limitation, a cause of action for specific performance or for damages, or loss to the City, resulting from Consultant's negligent errors or omissions, or breach of contract, and all such rights and remedies arc expressly reserved. IX. Termination of Agreement: A. In connection with the work outlined in this Agreement, it is agreed and filly understood by the Consultant that the City may cancel or indefinitely suspend further work hereunder or terminate this Agreement at any time upon written , notix to Consultant, upon receipt of such notice, Consultant shall cease all work and labor being performed under this Agreement. Consultant may terminate this Agreement by giving the City fifteen (13) days written notice that Consultant is no longer in a position to continue representing the City. Consultant shall invoice the City for all worn, satisfactorily completed and shall be compensated in accordance with the terms of this Agreement. All reports and other documents, or data, or work related to the project shall become the property of the City upon termination of this Agreement. D. This Agreement may be terminated in whole or in part, in writing, by either party in the event of substantial failure by the other prrty to fulfill its obligations under this Agreement through no fault of the terminating party. Provided, b iwever, that no such termination may be affected, unless the other party Is given (1) written notice (delivered by certified mail, return :xeipt request) of intent to terminate, and not less than thirty (30) calendar days to cure the failure; and, (2) an opportunity for consultation with the terminating patty prior to termination. C. Nothing contained herein or elsewhere in this Agreement shall require the City to . pay for any work which is unsatisfactory or which is not submitted in compliance with the terms of this Agreement, X. Enlir~AgMment: This agreement represents the entire agreement uA understanding between the parties and any negotiations, proposals, or oral agreements an intended to be integrated herein and to be superseded by this written agreement. Any ~Ipplement or amendment to this agreement to be effective shall be in writing &id signed by th. City and the O Consultant. Xf. CompHaoca with Laws: The Consultant shall comply with all federal, state, local laws, rules, tegulations, aid ordinances applicable to the work covered hereunder as the,, may now read or hereinafter le. amended, Including but not limited to the Texas Disciplinary Rule of t Professional Conduct. Page 4 i 32 X fl~ O X11. GosrolaQ Law: For the purpose of determining place of agreement and law governing} same, this Agreement is entered into the City and County of Demon, State of Texas, and shall be governed by the laws of the State of Texas. Vem..e and jurisdiction of any suit or cause of action arising under or in connection with this Agreement shall be exclusively in a court of competent jurisdiction sitting in Denton County. XIII. Discrimioadoo Prohibited: In performing the services reluired hereunder, the Consultant shall not discriminate against any person on the basis of race, color, religion, sex, ;i national origin or ancestry, age, or physical handicap. XIV. Per>toaaeh A. The Agreement to the Consultant represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or have any contractual , relations with the City. Consultant shall inform the City of any conflict of Literest or potential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will he performed by the Consultant or under his supervision. All personnel engaged in work shall be qualified and shall be authorized or permitted under state and local laws to perform such services. I XV. AssigoabWtvt The Consultant shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the City thereto. I { XVI. Se"erablilty: All agreements and covenants contained herein ,,re severable, s,td in the event any of them, with the exception of those contained in sections headed "Scope of Services", "Independent Contractor Relationship", and "Compensation and Method of Payment" hereof, shall be held to be invalid by any competent court, t?gis Agreement shell be in(_rpreted as though such invrtid agreements )r covenants were not contained therein. A XVII. B-tsponsiblUdei for Claims god LlabWtvt Approval by the City shall not constitute nor he deemed a release of the responsibility and liability of the Consultant for the accuracy and competency of its work; not shall such approval be deemed to be an assumption of such responsibility of the City for any defect in any report or other documents prepared by the consultant, its t,;,ployees, officers, agents and consultants. , 0 XVIII. Modifleattoo of Agreementt No waiver or modification of this Agreement or of any fi) covenant, condition, or limitation herein contained shall be valid unless in writing and duly Its, executed by the party to be charged therewith and no evidence of any waiver or modification shall be offered or received in evidence In any proceeding arising between the parties hereto out of or affecting this agreement, or the rights or obligation+ of the ponies hereunder, unless such waiver or modification is in writing, duly executed as aforesaid; and, the parries further agree that the provisions of this section will not be waived as herein set forth. Page S e t 32XI4 El .N , f r 1 X)L Cagdons: The captions of this Agreement are for informational purposes only and shall not in say way affect the substantive terms or conditions of this Agreement XXL Binding Effect: This Agreement shall be binding upon and ir-me to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, 1 successors, and assigns when permitted by this Agreement. IN WITNESS HEREOF, the City of D:uton. Texas has caused this Agreement to be execI by its duly authorized City Manager and Consultant has executed this Agreement through its duly authorized undersigned officer, dated the _ day of 1998. CITY OF DENTON ` i BY: _ MICHAEL W. JEZ, CITY MANAGER ATTEST; BY: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY F BY; Ja1i\d ~I, NI NSULTANT, ROGER LKINSON vuxusw cw.r~~ct , 9 Page 6 i 10- ,Mnsvo , O arwa Agunda No._ j.VC .iGJ>-'~ %Cr,da Itemsr _ D AGENDA INFORMATION SHEET o'de_-°l~ `~o AGENDA DATE: November 17, 1998 DEPARTMENT: Engineering & Transportation CM/DCM/ACM: Rick Svehla, Deputy City Manager ;~~GT3 ~ II Consider an Ordinance Abandoning a Certain 16 Foot Drainage Easement Consisting of 1,924 Square Feet of Land on the East Side of Bridges Road, Approximately 535 feet North of Spencer Road, Situated Within Property Recorded in the Deed Records of Denton County, Texas at Volume 960, Page 723, and Described as a Part of the M. E. P. & P. RR Survey, Abstract 927; and Providing For an Effective Data BACKGROUND: The subject drainage casement was granted to the City in 1996. A, that time, city rtaff met on site with the property owner who indicated where the property i.'ve was in relation to the proposed drainage improvements and that an existing fence was aiso evidence of the property line for the subject tract. The easement document was then prepared, signed and filed for record, and the drainage improvements completed,'Ased on the property owner's asscrtion of where the property line existed. However, the owner's indication of the property line was in error, " the property has recently beat sold and title evidence indicates that the drainage improvements were achutlly made south of the granted easement area, on the adjacent tract of Iand. Both tracts were owned at the time by A. 0. Bratcher, Jr., and in exchange for abandoning the drainage easement on the original tract, Mr. Bratcher has granted a 16-foot drainage easement to the City, for the existing drainage improvements on his property. There are no facilities constructed within the proposed abandonment area. OPTI Ns: Approv; t removes erroneous easement from subject property. i Denial perpetuates easement in error, which encumbers subject property unnecessarily. RECOMMENDATION: Approval is recommended in order to remove in unnecessary encumbrance on subject property, • O ESTIMATED SCHEDULE OF PRUJECTt is Drainage improvements have been completed. New drainage easement on adjacent tract has been obtained. "rya.. 'l.5 w, 32XIO i t alum r o 6 I I J i PRIOR ACTION1REVIEW (rouncU Boards Commissloos): The Development Review Committee recommends approve! The Planning & Zoning Commission recommends approval FISCAL INFORMATION: None BID INFORMATION: None Attached Respectfully submitted, Prepared by, Terry C k, Dir ctor Engineering & Transportation teve J son, Technical Assistant 1 i 'ol l y, 2 . c r 1 F 9~5 in 32x1a W 0 • o , M two M M 17r1~ ~r M~ ' M RfnA 1~ f~lt~ rm ra, rt r` 'Ile 2- lo 32' 10 0 0 ~v 1 1 I 6 $1 OI 1 1 ° 13 6-4 Rl ° 3111 3, b, o ' n p 130 ~ 1141 n 00 1100 1301 q s~ 1130 o n 1~o r t_I" o SITE! ! flee ~ ~ df a3 Q o f3o~ 3 1!1! N ` Ewa: ! , Q i ~~PEHL - - n n aaa pa on ;I Al o o ~QUC?Q ❑nQ r , ~n D n a U • • • 401 I 4 1 i EASEMENT BABE MAPS MAP'CALE V 200 RT. k Lei 2.5 :32 x 2.5 Y° mom r 0 o Z _ 4 r BRIDGES . I f,SPHAiT t1A. VERT N 0-3_•_ 57' 00' E 75.0' r1pr HYDRANT ' VATtR METER- OIi' TQ nt _ y et nr--- ~,r~_ GAVLA CU ej 30 VATER HtTER Sly, 14% CD I Z i"41~ L 1 Go }3t! C ~ r4 ~ ~ N r 1 U o - I C) ~o .4 OA g~ . - • • S 03. 57' 00' V 75.00 Ns d, RALPH BRINES i ' VOL,519 PG,421 D.R. U fit ?.:y x 32 x I O Ir o ' , I S 89° 20'00" E 120.00 A. G. Braucher, Jr. 8c Stepheanna Bratcher Vol. 960 Pg. 723 ` O 16' DRAINAGE EASEMENT TO BE ABANDONED w g W NEW 16' DRAINAGE EASEMENT A. G. Bratcher, Jr. 8t , Stepheanna Braucher o ~ Z Vol. 600 Pg. 29 0 N 890 20100" W 120.000 J N i City of Denton Engineering k Transportation Department hight-of-Way Division s .►neK so, toes 6 O Itet2y.tpa Planning and Toning Commission Minutes September 23,1998 Pape 10 of 26 + Mr. Reed, Yes. Mr. Donaldson: We never do that, Maybe we should change policy then. • Commissioner Engelteracht: WeV. we'll leave lt to staff to determine N May need to change policy or would like to change policy. We'll let you all talk that over. Mr. Read, If we do decide to do that with this variance, the final plat does goes to the DRC, the Development Review Committee. I'm the case manager, to I can make due note of that at that time. Commissioner Ergelbrechl, All right, Thank you. S. Consider making a recommendation to the City Council concerning a drainage easement abandonment, most of Bridges Road, 525 feel north of Spencer Road Commissioner Engelbrecht. Item 08 thia evening Is to consider making a recommendciton to the City Council concerning a drainage easement abandonment east of Bridges Road, 525 feel north of Spencer Road. And Mr. Salmon of the Engineeriit Department Is here to give us the staff report. Mr. David Salmon presented the staff report Mr Salmon: Chair and member of the Commission, this evening we're here to abandon a drainage easement which win be replaced by a different drainage easement. So, this will be an even swap this evening. You can sea by the site map that it's north of Spencer Real or. Bridges Street, surnewhat north and east of the Lowe's Home Improvement Center. It may W better to put this map up for a minute or tw"ust a little bit closer view of Spencer Road being down here to the south, Mayhiil Road being to the east, and Bridges Road being right here. Wi rc talking about these two treds of property on Bridges Rood. Blowing that up a little bit more, we've got an exls9ng easement here shaded in yellow That's the one were proposing to ^bandon. Just for your Information, we are proposing to obtain an easement to the blue shaded area in exchange for abandoning the yellow easement. I did want to mention-unfortunately the backup that was put in your packet didn't describe how thta all occurred very well. Unfortunately, it makes ' sound like our City drainage crews built the drainage in the wrong spot and that Isn't really what happened-so, d 1 could just real briefly explain how this occurred and why staff feels that this Is an okay thing to do. Mr Bratcher owned, of least et one point, owned the subject tract and also owned a trod directly to the south. There was a drainage pfoblem on Bridges Road. Uh r drainage utility group decided that they were going to make some drainage improvements cn Mr. Bratcher's property In order to solve that probiarn. Mr. Bratcher had a chain-link fence along the south edgy of Ihis blue area. When our drainage i •ew met him out there, he said yea, lt would be fine to put the drainage improvements adjacent to the chain-link fence He said 'As a matter of fact, the chain link fence is where the property line Is between the two tracts'-which was or error So, our drainage crow went out and did the work in the location Mr. Bratcher said would be okay and with the Information that the property line was at the eha n-link fence, which was down here at this location. The easement was drawn up using Mr. Bratcher s deed ke this northern parcel, to in essence the drainage easement-because the property line wasn't where Mr. Brateher'old a It was, the easement ended up In the wrong spot. Since that time Mr. Bratcher has sold the northern tract and all this came to light during the title survey. So, of course, the nev owners of the northern M want to do away with this drainage casement on their property, and of course, the City would like the assemeM to be where the drainage improvements really are. So, I think this is a good thing for everyone involved. I'llbe glad to answer ar,y questions you might have Commissioner Engelbrecht Any questinns for staff? Mr Powell: Yes. I can sea how this would happen real easily. My question, IhoLoi Is not so much about the existing easement tonght, but, you know, when we have CiP hearings, there's afwsys what I call the •horrorrstories Is This one of those rnr or clones) I don't mean this easement being off. I m talking about the drainags situation. • Mr Salmon. I don'l know. This is probably not one M the CIP horror stories, although you may recall crack when 4 they were building the Lows's, there were a lot of things In the paper about drainage Wt Bridges,. 7u Mr Powell. Right Mr. Salmon and Galles. 7 I - r 2 r~ ~~,;rt K IC7 32xII 6 ' xaserar 0 i Planning and Zoning Commission Minutes September 23, 1998 Page 11 of 28 I Mr. Powell: Right. Mr. Salmon: This was one of those Issues So, this did solve a horror story, although not spot icsPy a CIP her,,& story. Commissioner Engelhrecht: Other questions for staff? I appreciate you clanging that, I, you know, you wouldn't have had to. It certainly brings to light the sort of things that can realty happen out lhere. Mr. Rishel: Yes, I have a question for you, Commissioner Engelbrachl: Yes. Mr. Rishel: As I look W your drawing end you map where we're abandoning, which Is Me yellow, Mr Salmon: Corred. Mr. Rishel: That's a question Excuse me. And you have weal app:ers to be a rldvs, I guess, it's just to the west of that and a culvert that's in there. Would there be an addlional drive end a edvert to servica that ensament eroa? Mr. Salmon: No. As a matter of fact, I mean, that's really why we don't need the easement. This Is the p orli s driven-ay that have purchased this property, and, you know, actually whet there Is Is there's a drainage channel that was cut. The drainage comes down Bddoes Street from both directions at Ihis point to a low point and then goes through a channel out here in this creek at the beck. So, there would not need to be-In fact, a driveway and a culvert at this location would probably impede Me drainage. So, you know, this Is really In" night am Mr. Rishel, So, we don't anticipate that we're going to do any sort of sarvke to maritaln the eatement In 2 professional manner Mr 'elmon No M dshel: Other than mowing? 11r. Salmon `/as. Mr. Rishel. Okay And we feel like we can make access to the mowing just by N,o naturat contour of the land. Mr. Salmon Right, The roadside ditch at that location Is not excepWally deep And our mowing aqulpmont can access that area Jr. Rishel: And (hem's no need for utilities along this o, anything else? Mr Salmon: The utilities in this area are out In the road Mr Rishe` Okay ' Mr. Salmon: So, we don't need this particular easement for utilities I a Mr. Rishel Thank you. Commissioner Engetbrechl. Other questions? Thank you. Is there anyo t present who v; gild like to speak to this Issue? Anyone present who would Ilke to speak to this is rue? That bang the case. Commissioners, arty coniniorils or a motion on item 08? Mr. Morenn. Mr. Chair, I move that we recommend to thu r:ity Council approval of the rbandonment of BN 16-fool drainage allotment located east of Brldgea Road approx,matery 823 Poe} north of Spenu a Read. Mr Rishet: Second. f i Commiv%loner Engelbredd: It's been moved and seconded to approve. My discussion on the motion? B means •Awxcm ' f Planning and Zoning Commission Minutes Septembor23.1998 Page 12 of 26 j Ms, Gourdie Actually, I'm just curious So, it's already done on the spotted half? I mean, you don't have to do anything because it doesn't say we're swapping. It just says we abandoning the..,. Mr. Salmon, No. We're abandoning that. Mr. Bratcher is in the process of granting the other easement Ms. Gourdle. Ckay. So, it will be a--for swap, Mr. Salmon: Right. Ant this goes on to City Council. So, by the time this gets to Council, I would assume we'll probably have the other easement already In place. Ms Gourdie. Thank you Commissioner Engetbrecht Any other questions or discussion? An In favor of ~ ,e motlor, please reise your right hand Motion carries unanlmousiy, (5-0). Thank you, Mr Rishel: Thank you, Mr. Salmon. PUBLIC HEARINGS - ZONING CHANGE 9. Hold a public hearing end consider making a recommendation to the City Council concerning an amendment to Specific Use Permit (SUP) 193, a 5.1-aere tract, changing the eondi0ons to allow the addition of a portable building for the purpose of office space •%pension. The property Is located on the north side of State Hwy. 380 (University Drive), approxlmalely 1300 feet most of Mssch Branch Road, within an Agricultural (A) zoning district. A portable building to expand office space Is proposed. (Z•98-011, Cross Timbers Old Scouts, Trine McEireabr) Commissioner Engelbrecht. This will move us to the putJ ; hearing phase of the agenda this evening, We have Item 09-one item for public hearing hom 09 this evening is to hold a public hearing and consider ,r,*rg a recommendation to the City Council Concerning an amendment to Specific Use Permit 193, a 5,a-acre dact, changing the conditions to chow the addition of a portable building for the purpose of office space expansion. The property is located an the north side of State Highway 380 (University Dove approximately 1300 feet east of Masch Branch Road, within on Agricultural zoning distdcl. A porable building to expand office space Is proposed, Ms McElreath will give us the stall repot Thank you. Ms. Trims McElreath presented the staff report Ms McElreath Yes, thank you. The subject property has been zoned agricultural since is annexation. In 1971, tie City Council approved the speuric use permit for the operation of a veterinarian clinic at this location. On June 23. 1987, the City Council approved an SUP, as required for civic clubs In Ag zoning districts, for the operation of an office headquarle-s and activity training center for the Cross Timbers Old Scouts with the following conditlons a i1x- fool wood fence along a northern and western property line to be repaired to form s Wild screening fence and that overnight camping was not permitted on the site. In August of 1997, the second condition was repealed and restricted overnight Camping was permitted. Those restrictions placed 0 the overnight Camping were that 'the six- fool wo d fence along the northern and western propen, lines be repaired to form a slid screening fence; that no more t'um 30 rompers oeaupy the site at one time, that camping rctivities were restricted to the norti a )mar of the property, and that Camping could not occur on more than three eonseculi evenings This SUP was squired e because H was a civic renter of a CIVIC activity, which is what he require In Ag zoning The amendment is squired because this is not considered a minor amendment because It increases the density on the site , The Direc a does have the authority to approve a minor amendment as tarty as h doesn't do one of the following things-rd that would be Increase density, chango traffic pOorns and things like that. This particular she will Increase the density because they're proposlm s runable hullding for once space, which could increase by Four, of9Ca spaces, thereby by four pe,ple. The Den ill Development Plan bnayais-Ws proposal Is in Conforms" will the Denton Developme 1 Plan analysis ~o a large extent, Although It Is not a residential use, the property represents a low. ' Intensity use In what Is pdmr-city a residential area. It is well be;ow Its allocated Intensity. N has eademo oil of O University, a primary major a,,erial. Most of the facility is open space with reareawal dghta under the SUP. A % 0 0 neighborhoud meeting was ..,rd on the 14th of September, however, theta were no participant; at the meeting. The property adds to the land use diversity to a limited degree and strip commercial would not be allowed. There are Itill. seven criteria that must be met In order for a Specific Use Permit to be issued. Ail seven of these have been met an that would be the proposed addition would be placed behind the existing of iii and would be compatible with 9 w, a. rixam.nwer.ir ORDINANCE NO. AN ORDINANCE ABANDONING A CERTAIN 16 FOOT DRAINAGE EASEMENT CONSISTING OF 1,924 SQUARE FEET OF LAND ON THE EAST SIDE OF BRIDGES ROAD, APPROXIMATELY 535 FEET NORTH OF SPENCER ROAD, SITUATED WITHIN PROPERTY RECORDED IN THE DEED RECORDS OF DENTON COUNTY, TEXAS AT VOLUME 960, PAGE 723, AND DESCRIBED AS A PART OF THE M. E. P. & P. RR SURVEY, ABSTRACT 927; AND PROVIDD4*0 FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request for the abandonment of a certair 4rainage easement in consideration of the conveyance of a new drainage 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 drainage easement being vacated is not needed for public use since the existing drainage improvements are situated within the new drainage easement being conveyed; and WHEREAS, the fair market value of the drainage easement has been determined and received, as required by section 271.001 of the Texas Local Government Code; NOW, THERFORE, THE COUNCIL OF THE. CITY OF DENTON HEREBY ORDAINS: SECTION I. That the 16 foot drainage easement described in Exhibit A, attached hereto and incorporated herein by reference, consisting of 1,924 square feet of land on the east side of Bridges Road, approximately 335 feet north of Spencer Road and recorded in the Deed Records of Denton County, Texas at Volume 960, Page 723, and described w a part of the M. E. P. & P. RR Survey, Abstract 927, is permanently vacated and extinguished as a public easement, to the extent described in said exhibit. A ES C C 0 IN That by reason of such vacation the City of Denton's property Interest in the vacated portion of said easement shall, by operation of la-.v, rev%rt 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 ea-cment. SECTION 111, not this ordinance shall beoome effective Immediately upon its passage e and a+,proval. A I 1 10 st r 25 x 10 32 .xI ❑ , ~ e f u ~ f 1ti • KN ILLN0.1'LIN.bWi`idLE,. p,rYMWMJ+~.r,ytwMM ' i PASSED AND APPROVED this the day of 1998, JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~/ffCea c 4" . 1 PAGE2 11 •M t ~ f ~ , 1 xans BYRiBIT •A• a I ALL that certain lot, tract or parcel of land lying and being situated in the N B P a P RR Survey, Abstract go. 927, and being part of a tract conveyed to A. 0. Bratcher, Jr. and Stepheaana Bratcher, by dead recorded in Voluse 960, Page 773 of the Real Property Records of Denton County, Texas, and beiug more particularly described as followsi ^ SSG:MnN0 at a point on the eat line of Bridges Road, approximately 633 Act north of Spsnear !cad, said point also being at the southwest corner of aiCd Bratcher tract) S North 030 37' 000 Bat, along the aid eat line of Bridges Road and the west line of said Brstobar tract, a distance of 16.03 feet to a point for corners TRRNCB South 690 20' 000 Bast, parallel to the south line of said Bratchar r tract, a distance of 120,00 toot to a point for corner in the east line of ' said Bratcher trsc'oi TBBNCB Sou (ph 030 37' 000 West, along the east line of said Bratcher tract, ' a distance of 16.03 feat to a point at the southeast corner of said Bratcher tracts TERM a; North S90 200 OC0 West, along the south line of said Brateber tract, a distance of 120.00 feet to the POINT OF BB0INKINO and containing 1,924 square toot of land. i ' t In ' ' aAt ~ 12 t: 10 -t J, y. p 1 WIN~ i AGENDA INFORMATION SHEET Date-11-~ AGENDA DATE: Nov rnber I7, 1998 DEPARTMENT: Fire CITY MANAGER: Mike Ter, 349-8307 SU: _IECI An ordinance amending Chapter 29 of the code of ordinances of the City of Ucnton, Texas to provide for the adoption of the Uniform Fire Code, 1997 edition; Providing for am.ndments thereto; Re-establishing permit fees; Providing for a penalty in the amount of 52,000 for violations r' thereof; Providing for a sevctubility clausci Rcfealing all ordinances in conflict therewith; And providing for an effective date. BACKGROUND The 1997 Unifomt Fire Code is a companion code to the Uniform Building, Plumbing, Mechanical, and Electrical codes. All of which will be presented for approval at a later date. The Fire Code establishes a reasonable degree of fire safety for the community. OPTIONS Approve or not approve, RMOMMENDATION Staff recommends approval PRIOR AC i lON1RF;N'IE11' (Council, Boards, Commissions) A nievWig with the Chumbcr of Comrocrce was held on October 2, 1998 and the proposed ordinance uas presented and accepted by the chsmher committee, The proposed code was reviewed with the Building Uflicial, i 1. + 25.x10 32XIO r„ f FISCAL INFORMATION There are no negative impacts on the Fire Department budget by this oW.mance. Soap. permil fees were increased to help in recovering Prevention pe,ronnel time. Respce bmitled oss Chadwick Fire C'.:;ef Prepar y: k cs i Iarshai A • i i r ; f =t 2. 10 32 x r A I 0 OE OH CITY OF DEN TON, TEXAS RARE DEQ Back-up Material for 1997 Uniform Fire Code r The fire sprinkler requirements have been nosed frum the Uniform Building Code to the Fire Code 'This will allow for convenience in interpreting their application. r Appendix II•E entitled, "Hazardous Malaials Management Plan and Hazardous Materials Inventory Statements" is added to the code in order to require [hat a business would have to disclose what hwardous materials they have and deselop a plan of action on how [hey would handle such materials. o Appendix 11.1 entitled, "Ozone Oas•Oenerating Equipment' is added the code to require that ozone gas generating equipment will be safely used and placarded to denote that the hazardous situation exists, r Appendix If1•A entitled, "Fire Flow Requirements for Buildings" is added to the code, This is it significant change in the coda It will allow for us to achieve a lower ISO rating, which could in turn lower insurance premiums, especially in commercial buildings, For years we have been under the Key Rate system with a set fire flow requirement. This appendix will allow for a more accurate fire flow It is based on actual water needs in the event or a fire, It allowx for consideration of qpe of building construction. fire suppression capahililies and qpe of building occupancy when calculating needed fire flow. III-A will allow for a more realistic approach to figuring fire now requirements for a particular development or structure Appendix I11-13 is entitled. "hydrant Locations and Distribution" is added to the code and will allow for more accurate on-site hydrant placement. Also ensure minimum amount of fire hydrants for the type of dcvelopment or structure being built. r Two additions were made to Ser'tion 103,8 of the cede. They will allow for the permitting of aircrall refueling vehicles and storage & handling ofradionctke materials. The process I inicked in the usage ofrefueting vehicles at the airport is extremely dangerous, An annual In! peclion will help insure that proper safety equipment and procedures are followed Radioaclive materials by nature deserve proper handling and storage. Inspecting [he faeihties that handle such malarial will allow for Letter protection to the community. ,0 ~ O • ( r Section 1102.4 .2 is amended to include barbecue pits/grills to be excluded from placement tow cloie to combustible roofs, walls or other combustible materials. This is at the request of 1 apartment mstiers and managers to di". urnge the use of pits~grills on balconies. 3. , 217 WEST McKINNEV STREET DENTON, TEXAS 76201 OFFICE (940) 349.811a FAX (940) 34"109 -Mr, 32x ~ YI o ~ .r Y Several permit fees were increased to allow for the recovery in dealing with specific operations and inspections that are labor intensive. They are labor intensive due to eitherfor plan review or actual inspecting on site e Y Section 106.3 is deletod. It required that a fire suppression business must apply for an annual permit to conduct business within the Ciry Limits of Denton. 'T'his requirement was to insure t that the business had all necessary certifications and insurance to perform their related business. Each of these businesses is regulated by the State of Texas and pay annual foes to the state. We already permit their activity and in so doing check for proper license and F insurance. Thus we feel the duplicati in of efforts is not necessary. r yy i If you should have any further question please do not hesitate to contact Chief Chadwick or Fire Marshal Rick Jones at 349-8110. , s r { l i i I \f l f ~i 4. e 10 14, 0 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 29 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO PROVIDE FOR THE ADOPTION OF THE UNIFORM FIRE CODE, 1997 EDITION; PROVIDING FOR AMENDMENTS THERETO; RE- ESTABLISHING PERMIT FEES; PROVIDING FOR A PENALTY IN THE AMOUNT OF $2,000 FOR VIOLATIONS THEREOF: PROVIDING FOR A SEVERABILITY CLAUSE: REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Article I of Chapter 29 of the Code of Ordinances is amended to read f`. as follows: ARTICLE I. GENERAL PROVISIONS Section 29-I, Uniform Fire Code Adopted, There is hereby adopted by the City of Denton, Texas for the purpose of prescribing regulations governing conditions hazardous to life and property from fire and explosion, that certain Codes and Standards known as the Uniform Fire Code, including Appendices I-C, II-A, 11-0, H-C, Il-D, ❑-E, II-F, 11-0, lI-H II-I, ill-A, 1I1-B, III-C, III-D, IV-A, 1V-B, V-A, VI-B, and VI-E, and the Uniform Fire Code Standards, published by the International Fire Code Institute and International Conference of Building Officials, being particularly the 1997 editions thereof and whole thereof save and except such portions as are hereinafter deleted, modified or amended by Section 29-2 of this ordinance. A copy of said Fire Code and Standards is now filed in the office of the City Secretary, and is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this ordinance shall take effect, the provisions thereof shall be controlling within the limits of the city of Denicn and within 5,000 feet thereof, where specified therein. Section 29.2. Amendments. The Uniform Fire Code, as adopted in Section 29.1, is hereby amended as follows: • A By the amendment of the Uniform Fire Code as follows 1. Section 101.3, entitled Liability, is amended by adding a third paragraph to read as follows 4 • All regulations provided in this Code are hereby declared to be governmental and for the benefit of the general public Any member of the City Council, any city official • • or employee, or any member of the Building Code Board charged with the 'ly/l enforcement if this code, acting for the Cit/ in the discharge of his duties, shall not t thereby render himself personally liable, and he is hereby relieved from all personal 5. 32 X LJ 4y o liability for any damage that may occur to persons or property as a result of any action required or permitted in the discharge of his duties Any suit brought against such official or employee because of such het performed by him in the enforcement of any provisions of this Code shall be represented by the City of Denton through its designated attorney until the final adjudication of the proceedings 2. Section 103.1.4, entitled Appeals, is amended to read as follows: 103.1.4 Board of Appeals. In order to determine the suitability of alternate materials and types of construction and to provide for reasonable interpretations of the provisions of this code, the Building Code Board as created and organized under Chapter 28 of the Code of Ordinances shall pass upon all pertinent matters. Whenever the Fire Marshal disapproves and application or refuses a permit applied for, or whenever it is claimed that the provisions of t:rc Code do not apply or that the true intent or meaning of the Code have been wrongly misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Marshal to said Board within thirty (30) days from the date of the decision appealed. In addition to such Board, the Fire Marshal may request that additional members be appointed for specific rulings or interpretations. Such members shall be voting, ex- officio members and appointed by the Chairman of the Building Code Board to assist in the drtermination and/or ruling of a specific issue or case. Such appointments shall be temporary until the ruling is rendered, No more than two (2) mombers shall be appointed, each having experience in the matter of question. The board shall adopt reasonable rules and regulations for conducting this investigation and shall render ell decisions and finding in writing to the Fire Marshal with duplicate copy to thc- appellant and may recommend to the City Council such legislation as is consistent therewith, 3, Section 103.4 5, entitled Inspections and Unsafe Buildings is amended by changit,g the last sentence to read as follows! All such unsafe buildings are hereby declared to be public nuisances and shall be altered by repair, rehabilitation, demolition or removal in accordance with thi procedures specified in the Minimum Housing and Building Standards contained d within chapter 18 of the Code of Ordinances of the City of Denton, Texas 4. Section 103 entitled Citations, is amended to read as follows: 103.4.4 Citations. Any person operating or maintaining any occupancy, premises or vehicle subject to this Cede who shall permit any fire hazard to exist on the premises under their control or who shall fail to take immediate action to abate a rile hazard • when ordered or notified to do so by the Chief or his duly at,thorized representative B • shall be guilty of a separate offense for each and every day or portion thereof which any violation of any of the provisions of this Code is committed or continued, A 1 ~;*t~~~I 32 x I zim01 0 AWperson convicted of violation of any provision of this Code shall be guilty of an offense punishable by a fine not to exceed two thousand dollars ($2,000). 5. Section 105.8, entitled Permit Requirement, is amended to read as follows: i 105.BPermit Required. A permit shall be obtained him the Fire Marshal prior to engaging in the following activities, operations, prse,ices or functions: a.l. Automatic Fire Alarm Systems, Automatic Fire Extinguishing Synems and StandPipe Systems. To install, construct, modify or alter any automatic fire alarm system, automatic fire extinguishing system or stand pipe system; provided however that the permit rNuired herein shall not apply to the installation of single-station smoke detectors in R-1 and R-3 occupancies. a.2. Aircraft Refueling Vehicles. To operate aircraft refueling vehicles. See Article 24, b.l. Dowling phi or alley refinishing. To conduct a bowling pin refinishing or bowling alley resurfacing operation involving the use and application of flammable liquids or materials See Article 26. c.l. Candles and open flames in assembly occupancies, To use open flames or candles in connection with assembly areas, dining areas of restaurants or drinking establishments For delmition of Assembly see Article 2. See Article 25 for open flames and candles 0, Carnivals and fairs. To conduct a carnival or fair. See Article 25. The Fire Marshal is authorized to require plans of the grounds to be submitted. e.l. Explosives and blasting agents. For permits for explosives or blasting agents, see Article 77. Ll. Fire hydrants and water-control valves. To use a fire hydrant to operate a vvater•control valve intended for fire suppression parposes, see Article 78. f.2. Fireworks. For permits for fireworks, see Article 78. D. Flammable or combustible liquids. See Article 79. 1. To use or operate, repair or modify a pipeline for the transportation of flammable or combustible liquids. 2, To store, use or handle Class I liquids in excess of 5 gallons or in a • • building or in excess of 10 gallons outside of building, except that a permit is not required for the fullowing 2 1 The storage or use of Class I liquids In the fuel tank of motor vehicles, aircraft, motorboats, mobile power plants or mobile 7. 32X a 9 ?y W rism,; 0 wrr~ns o rn heating equipment, unless such storage, in the opinion of the Fire Marshal, would cause an unsefe condition. 2 2 The storage or the use of paints, oils, varnlshes or slmEiar flammable rr:mures when such liquids are stored f-)r maintenance, ' painting or simaar purposes for a period of not more than 30 days. i 3. To store, handle or use Class Ii or Class III-A liquids in excess of 25 I gallons in a building or in excess of 60 gallons outside of a building, ex -pt for fuel oil used in connection with o'I-burning equipment 4: To remove Class 1 or 11 liquids from an underground storage tank used for fueling motor vehicles by any means other than approved, stationary on-site pumps normally used for dispensing purposes. 5. To install, construct, alter or operate tank vehicles equipment, tanks, plants, terminals, wells, fuel-dispensing stations, refineries distilleries and similar facilities where flammable and combustible liquids are produced, processed, transported, stored, dispensed or used 6 To install, alter, remove, abandon, place temporarily out of service or otherwise dispose of flammable or combustible liquids. 7. To change the type of contents stored in a flammable or combustible liquid tank to a material other than teat for ~ahich the tank was desi!;ner.' and constructed. h. I. Hazardous malerials. To store, transport on site, dispense, use or handle hazardous materiels in excess of the amounts listed in table 105-C or to install, repair, abandon, remove, place temporarily out of service, close or substantially modify a storage facility or other area regulated by Article 80 when the hazardous materials In use cr storage exceed the amounts listed in Table 105 C. h,2, High-piled combustible stock. To use any building or portion thereof exceeding S00 square feet for high-piled combustible storage. A floor plan showing the dimension and location of sto:rpiles and aisles shall be submitted with the applications for such permits See Article 81 U. iazardous production materials. To store, handle or use hazardous production material Ina group H, Division 6 Occupancy. See Article ; 1 1.2. Liquid-or gas-fueled vehicle or equipment in assembly buildings. To A disphy, compete or demonstrate liquid-or gas-fueled vehicles in assembly buildings See Article 2S. j m,2. Mall, c lsered, See Article 3S. To use a covered mall In the following mariner: • A, Placing or comtructing temporary kiosks, display booths, concession L. equipment or the like in the covered mail f R To use a mal! as a place of assembly C. To use open-flame or flame producing appliances. 8. OKA 4 , 0 D. To display a liquid-or gas-fueled equipment. o.l. Open burning, To conduct open burning. Where burning is conducted on public property or the property of someone other than the permit applicant, the j ' permit applicant shall demonstrate that permission has been obtained from each { appropriate government agency, as well as the owner or the owner's authorized agent. When limits for atmospheric conditions or hours restrict burning, such limits shall be designated in the permit restrictions See section 1102.3. p.t, Pyrotechnic.1 special effects material. For permits for pyrotechnical special effects material, see Article 7& a, I. Spraying or dipping. To conduct a spraying or dipping operation utilizing flammable or combustible liquids or the application of combustible powders by Article 45. r.l. Radioactive materiels, To store or handle at any installation more than 1 microcurie (37000 becquerel) of radioactive material not contained in a sealed source or more than 1 miliicurie (37000000 becquerrel) orradioactive material in a sealed source or sources, or any amount of radioactive material for which a specific license from the Nuclear Regulatory Commission is required. See Article 80. U. Tents, canopies and temporary membrane structures, To erect ur operate a tent or air supported membrane structure having an area in excess of 200 square feet, or canopy In excess of 400 square feet, except for structures used exclusively 1 for camping See Article 32 6 Sections 203, 204, 207 and 211 are amended to change the 4efnitions of fire Prevention Bureau, Chief, and jurisdiction amended to read as follows. all other definitions are to remain unchanged Bureau of Fire Prevention is the Office of the city rice Marshal Chief is the City Fire Marshal. O Fire Department is the City of Denton Fire Department. Jurisdiction is the City of Denton, Texas. 7 Section 902, entitled Fire Apparatus Access, is amended to read as follows 902 - Fire Department Access tity>a 902.1 general. Fire apparatus access roads shall be constructed in accordance with the provisions of Article V of Chapter 1 I of the Code of Ordinances 9. ===cry, ,:u,,a ~r~rpl I`' fir) x 3`,, X IL.1 i .H I Ca ` e site" 0 (the remainder of section 902 is deleted) 8 Section 1003 2, entitled Required Installations of Automatic Fire Extinguishing Systems, is amended to read as follows. 1003.2Required installations or Automatic Fire Estingulshtng Systems. An automatic fire-extinguishing system shall be installed and maintained in each occupancy as required by the provisions of section 904 of the Uniform Building Code, as contained within division I of Article it of Chapter 28 of the Code of Ordinances 9. Section 1003.2 1, entitled General is amended by adding the following I An automatic sprinkler system shall be installed in all new buildings of noncombustible construction, (type l k 11) which exceed three stories in height or which have more than ten thousand (10,000) square feet of floor area. 2. An automatic sprinkler system shall be installed in all new buildings of combustible construction, (Type 111, IV & V) which exceed three stories in height or which have more than seven thousand five hundred (7,500) square feet of floor area. 3. The owner(s) of any building shall be required to install an automatic sprinkler system at such time as the owner(s) constructs an addition or enlargement to the building if the total square footage of such addition, when combined with the total square footage of ail previous additions and enlargements to the building, exceeds ten thousand (10,000) square feet of the total floor area, and when the total square footage of all such additions exceeds ty more than twenty-five (25) percent of the original floor area a. Automatic fire extinguishing systems shall be installed in Group H, Division 5 and Group S, Division 5 Aircrall Hangars in accordance with N F P A. Standard 409, latest edition 10 Section 1003 1 1 entitled General is amended by adding the following 1, All persons wishing to install automatic sprinkler or standpipe systems within the city limits of the City of Denton shall furnish proof to the Fire Marshal prior to the beginning of any work that the such persons meet or exceed all state and local requirements for sprinkler installers 2. At least two (2) sets of sprinkler system working drawings shall be submitted O • to the Fire Marshal for the approval process before any building construction * q make commecre beyond construction of foundation and associated under ground plumbing and electrical installations. 10. !1 ta, ~x ' ~w Ira 32 X I O e u I 3. In regard to sprinkler systeius, a temporary certificate of occupancy may be issued if the fire extinguishing system is operational and has been approved by the Fire Marshal, A permanent certificate of occupancy shall be Issued only after at least two (2) sets of as built drawings and hydraulic calculations are submitted to and approved by the Fire Marshal, 4. A representative of the Fire Departmert shall witness all pressure tests of the systems. The contractors responsible managing employee or designee must be present at all acceptance tests. 5. No alterations to systems or buildings having approved systems shall be made prior to submittal and approval of plans for such alterations and additions. 6. All riser control valves shall be locked in the open position and shall be maintained at all times in a locked open position unless otherwise approved by the Fire Marshal 11, Section 1003.12 amend the first sentence to read as follows. 10033.2 Standards. Fire -extinguishing systems shall comply with N F.P.A Standard 13, latest edition. 12. Section 1003,13 is amended to read as follows: 1003,1.3 Modifications. When residential sprinkler systems as set forth in ' the Building Code (N F P.A. Standard 13R) are provided , exceptions to, or reductions in, Building Code requirements based on the installation of an automatic fire-extinguishing systems are not allowed. 13. Section 1003.2 6 3 amend the second sentence to read as follows 1003.2.6.3 Group It, Divislwi 6 Occupancies. The design of the sprinkler system shall not be less than that required under N.F.P A Standard 13 latest edition, for the occupancy hazard classification as follows; 14. Section 1103.3 2 amend the fourth sentence as follows n 1003.3.2 Alarms. (See N F.P A, Standard 13 latest edition). 13. Section 1004,1 2 amend to read as follows i 1004.1.2 Standards. Sundpipe eystems shall comply with N F.P A. Standard 14 latest edition. srl' i 11. i I 0 0 S I& Section 1102.4.2 amend by adding the sentence: 1102.4.2 Barbecue pitstgrills outside of buildings shall not be located within ten (10) feet of combustible walls or roofs or other combustible materials. 17. Section 1007.:.2.2, entitled System initiation in Group A Occupancies with an occupant load of one thousand or more, is amended to read as follows: 1007.2.2.7 System Initiation in Group A Occupancies with an occupancy load of three hundred (300) or more. Activation of the fire alarm in Group A Occupancies with an occupancy load of three hundred (300) or more shall immediately initiate an approved prerecorded message announcement using an approved voice communication system in accordance with UFC Standard 10.2 that is audible above the ambient noise level of the occupancy. EXCEPTION: When approved, the prerecorded announcement is allowed to be manually deactivated for a period of time, not to exceed three (3) minutes, for the sole purpose of allowing a live voice announcement from an approved, constantly approved station 18. section 7701 7 2, entitled Limits Established by law,, to read as follows: 7701.7,2 Limits established by law. Explo,ive materials shall not be stored within the city limits of the City of Denton or within its extraterritorial jurisdiction 19, Section 7802 3, entitled prohibition, is amended to read as follows 7802,3 Prohibition, Except as provided otherwise herein, no person shall posses, store, offer ix sale, expose for sale, sale at retail manufacturer or use or explode any fireworks within tf a city limits or within five thousand (3,000) feet thereof EXCEPTION: A person may make use of fireworks for the purpose of a public ~ 1 fireworks display upon the issuance of, and in accordance with, a permit issued for such display pursuant to the provisions of article 5.43 of the Texas Insurance • Code, as amended 20 Section 7902 l,entitled General is amended to inclule the following 7902.1 General, Storage of Class 1 and 11 liquids it aboveground tanks outside of buildings is prohibited outside the limits of !and use districts designated as Agriculture, Light Industrial , Heavy Industrial or planned Development, as • identified in Chapter 35 of the Code of Ordinances of the City of Denton, Texas 0 • 21, Section 8204 2, entitled Slaxlmum Capacity within Established Limits, Is amended to read as follows 12. 1 ~ V VAUA 1 O I $204.2 Maalmum Capacity within Established Limits. Within the limits of land use districts designated as Agricultural, Light Industrial, Heavy Industrial or Planned Development , as Identified in Chapter 35 Code of Ordinances of the City of Denton, Texas, the aggregate quantity of LP-Gas shall not exceed 150,000 gallons of LP-Gas (180,000 gallons of water capacity). The aggregate storage capacity of LP-Gas outside of these limits shall not exceed 2,000 gallons water capacity. B, By the creation of the following new sections: 1. Section 103 3.13, entitled Frequency of Inspection, is created to read as follows 103.3.1.3 Frequency of Inspection. All owners of oCCUpants of tenants of, lessees of or persons making use of any building or premises, or portions thereof, when used as nonresidential group occupancies, including hotels, lodging houses and congregate residences, as defined by the Building Code are required to have such buildings, premises or portions thereof inspected annually by the Fire Marshal or his designated representative Additionally, the Fire Marshal may initiate such inspections at such other times as he deems appropriate to satisfy the purposes of this ordinance, and may additionally inspect all other premises as may be necessary, including such other potential hazards or appliances as the Chief may designate, for the purpose of ascertaining and causing to be corrected any condition which would reasonably tend to cause a fire or contribute to its spread, or which may constitute a violation of this ordinance or any other law or standard affecting fire safety. Section 106, entitled Fire Inspection and Permit Fees, is created to read as follows: SECTION 106- FIRE INSPECTION AND PERMIT FEES 106.1. Inspection Fees, Each inspec'ion performed pursuant to Section 103.3.1.3 of this code, as amended, shal, oe performed free of charge, If the Fire Marshal or his designee obsmes a violation of this chapter and performs a follow-up (re-inspection) inspection to determine whether a violation or violations observed during the previous Inspection have been corrected, a fee shall be charged, and the occupant or lessee shall pay said fee within 0 30 days of being billed therefor as condition to continue lawful occupancy of the building or dwelling to be inspected. Said fee shall be based upon the amount of interior area of the building leased, occupied or used by the person. The fee shall be in the amount established, and from time to time amended, by ordinance of City Council, a copy of which shall be kept on file with the City Secretary Follow-up inspection fees for common areas of such buildings or premises shall be charged to and paid by the owner in 0 accordance with the area inspccted 106.2.13ermit and Permit Fees. Any permit required by Section 105.8 of the Code, as amended herein, shall be Issued only upon payment of a permit fee in an amount 13, 1 I o 321 El e 0 established, and as from time to time amended, by ordinance of the City Council, a copy of which shall be kept on file with the City Secretary, C. By the deletion of the following sections in their entirety: " 1. Sec 103.2.2, Fire Prevention Bureau 2. Sec. 103.2.2 1, Fire Prevention Engineer or Fire Marshal 3. Sec. 103.2.2 2, Fire Marshal SECTION ll. Any person who violates a provision of this ordinance shall be guilty of a misdemeanor punishable by a fine not exceeding Two Thousand Dollars ($2,000). Each such person Ciall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon Conviction of any such violations such person shall be punished within the limits above. SECTION II, That the fees provided for in section 106 of the Code adopted by this ordinance, originally adopted with the enactment of Ordinance No. 57-196, shall be as follows: I. Building Fire Safety Follow-Up (re-inspection) Inspection fees provided for in Section 106: Interior Square Foot"# F9.4 1 to 3,000 $ 1500 over 3,000 10 6 000 $2300 over 6,000 to 12,000 $3300 over 12,000 to 18,000 S 45.00 over 18,000 to 24,000 $35.00 over 24,000 to 100,000 $65.00 over 100,000 $100.00 If & second follow-up (re-inspection) is required because the violation has not been corrected, the following fees shall be charged: 1 to 3,000 S 30 00 over 3,000 to6,000 $5000 • over 6,000 to 12,000 $70.00 over 12,000 M 18,000 $90.00 over 18,000 to 24,000 $1 10.00 over 24,000 to 100,000 $130.00 ; over 100,000 5200.00 ` 2. The fee for any permit required under Section 103 of the Fire Code, is amended, shall be $100.00 per permit O 's4s, S4. - - r 1~~u 7 K 10 32X 0 r 0 a. There shall be paid a fee of $200.00 for the following permits. 1. Any alteration to an existing tank (combustible or flammable) 2. Outdoor burning, per day 3. Combustible or flammable liquid tank storage installation. 4, Combustible or flammable liquid piping installation. 5. Removal of combustible or flammable liquid tank and or pipin& b. There shall be paid a fee of $100.00 for the following: 1. Permit to install an automatic extinguishing 0%)d) system, 2. Acceptance inspection of automatic fire sprEcxier (overhead) system 3. Acceptance inspection of automatic fire s,irinkler (underground piping fire line). 4. Inspection of private fir., lines and hydrants. S. Acceptance inspection of fire alarm systems c. A fee of $25.00 shall be assessed for each annual inspection of automatic extinguishing systems (hood systems) automatic fire suppression systems, and fire alarm systems. This fee shall be payable by the owner or occupant. d The permit fee for a temporary sales or display booth in covered malls shall be $25.00. SECTION IV. If any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity, SECTION V. That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right vested or accrued or any proceeding, suit or prosecution had or commenced In any cause before such repeal shall take effect; but every such act done, or right vested or accrued, or proceedings, suit or prosecution had or commenced shall remain in full force and effect to all Intents or purposes as if such ordinance or part thereof so repeated shall remain in force USTIUN VI That his ordinance shall become effective fourteen (14) days from the date of this passage, and the City Secretary Is hereby directed to cause the caption of this ofd, m„ee to be published twice in the Denton Record Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of its passaga • PASSED AND APPROVED this the day of hI1LLER MAYOR LACK t5. 10 32 X I Q 0 Museum ATTEST, JENNIFER WALTERS. CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: F4twei mFim)ow Domm its ordimmoultI Fire Code Reel1w 1wordl "Nod" I 1 I i 16, , . 4 32 0 O apenJr Item . ,3 AGENDA INFORMATION SHEET • AGENDA DATE: November 17,1998 4 DEPARTMENT: Denton Municipal Electric ACM: HowerdMrrlin,349-8232 SUBJECT AN ORDINANCE OF THE CirY OF DLNFON, TEXAS, APPOINTING SHARON MAYS 10 AC'T' AS 11117 DESIGNATED REPRESENTATIVE: AND GUY PHIf• RLNNAKER TO ACT AS 1111: AI,T -RNKIF DESIGNATED RF.PRESENTAI1VE FOR 111E C H N' OF DFN ION, TEXAS, IN ORDER 10 I:FFFCI'UATT: THE RI':QUIRLNil:N'I'S OF FEDERAL REGULATIONS AND LAWS RFLATINO 10 THE "ACID RAIN PROGRAM" UNDER 11 It: 1990 ANILNlYWN'I S TO'i11L FEDF PAL ('LEAN AIR Acr; AUTHORIZINO TIIF CITY MANAGER TO EXECUTE: THE DESIGNAI {r) REPRESENTATIVE AGRE:Eh1ENT, AND PROVIDING AN 1!FFEC11VI'. DA1F. 3~q('K(: 11 lU; The 1990 Clean Air Act AmenJments require all industries to appoint a ' Designated Representativc" and an "Alternative Designated Representative" for the purpose of assuring compliance with the programs under the Act. The Designa,ed Representative is responsible for representing to the Texas Natural Resources Conservation Commission II'NRCC) and the I:mironmental Protection ALcncy (1'11A) that the plant is in compliance with all applicable requirements under the Acid Rain Program. (Though k6ginal1) applicable only to the Acid Rain Program, the Designated Representative's responsibilities have been applied not only to all the other air programs, but also to rclaled eater programs as %kell. For instance, discharge permits look to the Designated Representative as the responsible party ror compliance issues.) In 1991, pursuant to the 1990 Clean Air Act Amendments, the C'it) Council passed an ordinance naming Jim llardcr, than Director of Electric utilities, as the ihsigna cd Representative and Jim 1hune, then Punt Manager, as the Alternate Desip-gated Representative. In conjunction with this ordinance, the City of Denton, Mr. Harder, and Mr. I hunt entered a Designated Representative Agreement outlining the responsibilities { 4 of the parties. I lum%er, neither M14r, Harder nor Mr. I hone currently works for the City Q of Denton. C'onsequentl;, it is necessary to appoint a new Designated Representative and Q Q a new Alternative Ucsignalcd Representative. _ i y r... 0 C7 32x I O I i ,q, ~1+~ ~ ~f ~7 R MEMAL .y r ' O L The City Council could pass the Ordinance and enter into the Designated Representative Agreement with Sharon Mays and Phil Rennaker, fulfilling the obligations of the 1990 Clean Air Act Amendments. j, The City Council could choose the Mayor as the Designated Representative, The spirit of the law requires that the Designated Representative have control of the purse . ctnngs, In a private the CEO is the obvious Designated 'vate corporation, Representative, because the CEO presumably has control over the budgetary decisions of the Plant Manager, In a municipality, the City Council has control over budgetary decisions of a certain amount. Theoretically, the Designated Representative could submit a budget request for necessary monitoring equipment but the City Council could refuse the expenditure. In EPA Region VI,1 am aware of only two mayors, one in Arkansas and one in Louisiana, who are the Designated Representative, RFCO41h1END~TIONSStafl'rccommcnds the City Council approves the Ordinance and enters into a Designated Representative Agreement with Sharon Mays and Phil Rennaker. Though the EPA and, even more so, the 1NRCC. recognize that the law ill fits a municipal lyowned power plant, they do accept Electric Utility Directors and Plant Managers as the Designated Representatives for the vast majority of municipally-owned power plants. PRIOR ACTION1REy1F.W: the Public Utility Board approved the Ordinance and the Designated Representative Agreement at the November 2, 1998, PUB meeting. EISCAI INFORSIATION: If the City of Denton and'or its Designated Representative were the target of an enforcement action either by TNRCC or the EPA, there would be litigation costs and lwssibly penalties involved with the defense of such an action. i Respectfully submitted; 1 )ul' mith f' onmenta~ mpliance Manager Exhibit I Responsible Official Information JV Exhibit 11 Article for the E&O Quarterly , • • Exhibit Ill Ordinance Exhibit IV Designated Representative Agreement i4 f~rya',,f 25 x 10 32xIO R 0 $ a , s~ ~2 a i p h X Responsible Official - one of the followings (A) For a corporations a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making flnctions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a federal operating permit and either: (i) The facilities em?loy more than 250 persons or y have gross annua) sales or expenditures exceeding $25 million (in second quarter 19x0 dollars) ; or ' r i (ii) The delegation of authority to such representative is approved in advance by the TACB) (e) For a partnership or sole proprietorship, a general partner or the proprietor, respectivelyr (C) For a municipality, state, federal, or other public agency: either a principal executive officer or ranking elected official. For the purposes of this chapter, a principal executive officer of a federal agency includes the chief executive officer having responsibility foa the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of the U.S. Environmental Protection Agency)) or :I (D) For affected sources: i (i) The designated representative insofar as actions, standards, requirements, or prohibitions under the acid rain provisions of the Act or the acid rain rules are concerned) and (ii) The designated representative for any other purposes under thip chapter, ilk kr; 1 'r4 EXHIBIT ^rv 10 32X MOW r • I ir']ttlstra ' 0 , xCrraQa7 Personal liabil +y and personal indemnification (ro aimed frvm page ~ situation immediately. The DOj has ex- mat laepreferable because they can bring plained that it is unli: ely to bring a the objection, necessary to determine l Indamnifleallan and lasurt5:a criminal action againsv a public oliciat whether the management nstemi al. If an inclMdualemployceermanager who has reported andcorrectedaviola. ready in place can eflecusel) monitor s held personally liable for criminal or tion promptly and in good faith. Failur future compliance. They can also stag- cnil fines, there will be anobtiousinler- to address a known problem, hoverer. gent management changes to improve est in reducing personal exiosure and can be prrceivedasgrotsrecklessnessor environmental compliance hasingthegovernmental er-ityorpub- f11)%Ieige,eitherof whichcanformthe Undertaking a complianceasseumeni lic utility absorb the costs and expenses bssii for a criminal action, can alsomitigatepenaluesshouldcrimi-{ of the lawsuit. Several addluonal steps can be taken ,it charges arise. Under the Federal I kirtuaily all states* statutes require toassistemironmental.e.npliarcc.First, S.ntencingGuidelines, whichapply to some form of indertiraficauon,gener• comiderw-Aysto reduce polluu^n at the defendanuconsictcdofenvironmental ally intended for use by corporate em- source in order to diminish the chances crimes, prior :omplianke history is a ploytes seeking indemnification from that contaminants will be mishandled. factor that can increase or decrease the their corporaticns. Such efforts should involve developing amount of the fine. The fine may be ryplal statutory indemniruadon producdo,i technologies and processes decreased if a crsmpfiance program, provision will prohibit Indemnification tominimlaehaaardouswaste, installing which can include an environmental when the employee is at fault. With satregcling procedures, andpioperly assessment, has been documented. On respect to public officials, a standard treating and disposing of waste the other hand, penalties may be in- prosision ptovides for Indemnification Second, compliance audits, either by creased if problems were uncrneredthat only if the employee's action was, or in intemal staff or external auditors, can were suLiequentlyconcealed or ignored. good faith was 'easona',!y believed w sent in assessing the state of a facility's Therefore, no audit should be under- be, within the scope of the employee's compliance with the applicable envi- taken without the intention of remedy. official dudes. Courts have generally roam-.,,ul laws. Independent auditors ingany problems uncosered.I held that pub! is end des cannot expend public funds to reimburse or defend an employee who has acted outside the scope of his or her employment APPA Safely, Fnylronmatflal PublleaNnns Updated Apart from the issue of Indemnifica- tion, it is also worth reviewing your APPAEnvironmenta!CorrplissomMnnuclcu stom- Wiry's Insurance coverage to deter- ad* cis: check your copies of the manual. If the cover minewhenthe utility kwlfiicoveredin ( trrud letter and table of contents do not list the date the event an employee is subject to T "April 1995,' the manual Is out of date. The first personal liability, l1 editionofthe manualwaspublishedin198gandre- Rlduclnl chances olgtst 01181 II0111ty 0 written in 1995. APPA has updated the manual Clearly,iNsmoitefTraiveioconsider twice since 1999.12bec rt rent. yomust mmthe ways of reducing the potential for per. 1993 a iiuon olylybc}994 and 1495 U ales tonal liability be!ore, rather than alter, Those who purchased the APPA Sigel Manual Efforts taken to reduce rp should make sure their utility is using the latest a lawsuit arises. personal exposure at the earliest stage edits,)n of this item awelLLook for ys(lowbiader may mitigate personal damages. if not ^iSh sIls paitcs That's how the 10th edition w i F 4 rat a at ( eliminate liahllin entirely. base19r->4,d on the new OSL July printed in the best defense in any sintauon it _ effe site compliance. & farnilrar with Remember to order lour copy of APPA's new li taw the environmenul laws that pertain to safety documentation workbook. Complying with ~MM operations andnautinelycheck that fa- OSIM29CFRParfr1910269and1910WItgists ' Mt17lin cihri-.s are in cornpltaoce with those step-bl-step inss'.cuons plus emylo-use checklists 4~~ M laws and regulations. Coropliana poll- and forms for meeting the administra!ite require- Q da should be endorsed by em„r man- mcntsof the new rule The workbook is available ir, agemcntand communlcatedto all cm• camera-ready hardcollandondnitinWordPerfect tAs ployces on a regular basis, 5, I. Be suretohteprecordidocumenting For publicaucim pricing and ordering informs- j compliance activities. If there are any tion, tall Greg Suulfer at 404/467.2926.1 siolstions, take it pt to remedy the _ EXHIBIT II r M Y Y ~ L y THr 32X 0 aavt+asn , O 1 ni • i r'ar°jsxa , $12duclyjyoutnsk Increasingly, managers liable for environmental violations &%;ed on a papa presented at the 1993 utes doubled between 1992 and 1993, in prison and/orfnctof upto$275,0%. E&O llbrbhop fir Lha C, Dowden and andnearlydoubled again between 1993 This example does not suggest, how- itir.irS 1.rdnofSpiegel and,lfrDwmjd. and 1994 . This acuvity has proeuced ever, that officials will be found guilty staggering resulu..us or tnepasifrteyears, onh if they hate intentionally carried The issue of personal liabilin has be- pleas and convictions have increased outplansthattheyknowtobe egregious come increasingly imporunr for both 70%, fines 80oc, andjail time 3590. Pcr• violatiors of an environmental statute. municipal managers and corporate ex- hapsmost significantly',defendantsw'ho More and more, courts are comicung ecudses. The concern is well founded, were individuals (as opposed to corpce indidduals for environmental crimes over the last few years individuals, as r..inns) in federal cnminalcases grow cvenwhenthey %ereunaware that 3law i opposed to the governmental entity or from 39% in 1992 to 7% in 1993 was violated corporation, have been held liable for It is also possible under certain provi- siolationsofenvironmentalstatutesand gases for criminal liability lions of the Clean Air Act and Clear. have been fned,jailed,orinsome cases To find an ind.Mdualcriminally Li- Water Act to be found criminally Liable both. It is no longer uncommon to read able, most stattsvs require a finding of ice negligent acdonL For example, un- about former directors of investor- 'knowledge' or 'intent* to commit the der the Clean Air Act Amendments of owned utilities on trial for failing to unlawful action. Nevertheless, excep- 1990, periodic "compliance certifica• make reports required byenvironmen• tionsto lhbtvile are round within pravi• uoni must be filed by a responsible tal law or about public officials con- s;unsof the Clean AirAct and the Clean corporate official, if the certlftcation Acted rot permitting discharges barred Water Act. The sastmajority ofcriminal turns out to be erroneous, even if such under federal statutes. cases 11;: s -gaunt Loa officials or cor- error was unintendM, the government The rise in cases holding individual porate directors, hoAc%er, are still of could find that the certification consci. employees personally liable tutesfalsereporungotconcealment can be explained in a nom- and bring a criminal enforcement bar of ways. To begin with, as action. the number of federal envi" As the number of federal environmental rules end repuia" Demonstration of"knowiedge"or ronmental rules and regula• "intent" is not required to hold an lions has expanded nearly lions has expanded nearly twentyfold In the lost two individual civilly liable. Such liabil• twenty fold in the last two icy may attach to any person who decades, the potentialforin• violates a statute, whether inten. curling liability has soared. decades, the polenital lot incurring liability his soared. tionally or unintentionally, The Meanwhile, courts have majority of cases where individuals made clear that such provi• villbefound liable for'inadvertent slops can be applied as strin• ertor"are therefore likelytobechil gently to individuals as to corporate or the 'midnight dumping'sariery,aimed cases If an official fails to file the re- governmental entities. at persons who have intentionally vio- quired reports or fills out a form im• _ Sloteover,theEnvironmenralProtec• lated proper procedure and tried to properly, for example, he could be sub, icon Agenc) (EPA) and the Department cover up those Nolatiors, In a recent ject to civil fines intended to cover the ofJusua(DOJ)havedetnonsuatedthat action fledinliamas,&formersuperin. costs ofrorrecungwhateserhannarose they' are interested in bringing criminal tendent of a municipal utility' was its- from the error. II 0 charges against the individualsicspon- diciedontwofelonlcounuforimproper Bible for the Oolauom. Although the di%imial of PC'I3filled capacitors. The Preventing personal liability numL" uftwItAwsrercrredtoDOjby supermtendcnt allegedly urdered util- Given theoverincreasinglcvclofgor EPA has declined, Criminal actions ityemployeestotakeP1.&ftlledrapaci• emmentenforcement activitieagainst against individuals for environmental ton o,iwde the city limits and bury individuals,publicutiligofficiahshould violations have continued to increase. them in a landfill designed Ibr vegeta- be asking a number of questions, First, The DOJ has proclaimed a poliq of jon tie it acrusedofviolaungthe Toxic what kind of indemnification or imur• r 'identifying.presccunng,arid comdct- Subst:.nceControl Ac'tciaresult ofthe anceis availableif anemployeelsfound Q ing the highest rankingresponsiblecor• improper dumping as well as violating personally !table for a criminal or civil poste officers." the Comprehensive Ensironmenoal Re. violation of the statute? Second, what The data show that DOJ'sactions lr,e sprxne,fnmpensau-,nand l,iabitiryAct Are erfecusemeans orreducingthe po up io its word, Th: nurtiLer of federal try not reporting the dunpingto fecleral tential for liability? criminal cawsundcremironrntntalsut• officials. tic could fact •p to foitrycan (rontinrudonPails, n 32 4 • 0 ORDINANCE N0. AN ORDINANCE. OF THE CITY OF DENTON, TEXAS, APPOINTING SHARON MAYS TO ACT AS THE DESIGNATED REPRESENTATIVE AND GUY PHIL RENNAKE;R TO ACT AS IIIE ALTERNATE DESIGNATED REPRESENTATIVE FOR THE CITY OF DENTON, TEXAS. IN ORDFR TO EFFECTUATE THE REQUIREMF.N"TS OF FEDERAL REGULATIONS AND LAWS RELATING TO THE "ACID RAIN PROGRAM" UNrER THE 1990 AMENDMENTS TO THE FEDERAL CLEAN AIR ACT; AUTHORIZING THE CITY MANAGER 1'0 EXECUTE THE DESIGNATED REPRESENTATIVE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Federal regulations and laws relating to the "Acid Rain Program" under the 1990 amendments to the Federal Clean Air Act (40 CFR part 71; 42 U.S.C. 7401, et sea.) mandate the designation of a Designated Representative and authorize the designation of an Alternate Designated Representative to act on the City's behalf in complying with the applicable Federal permitting and regulatory provisions; and WHEREAS, heretofore the City Council enacted Ordinance No. 94-197 on October 18, 1994, which appointed Jim Harder, Director of Electric Utilities, as the City's Designated Representative, and Jim Thune, Electric Production Manager, as the City's Alternate Designated Representative, to act on the City's behalf in complying with the applicable Federal permitting and regulatory provisions. In connection with said ordinance, the City, Jim Harder and Jim Thune entered into a "Designated Representative Agreement-" on October 19, 1994 evidencing the designation of representatives, the responsibilities of the respective parties, and which Agreement provided indemnification to the Desigrated Representative and Alternate designated Representative regarding personal liability arising in their respective representative cbp?cities; and WIIEREAS, Jiro Harder ant; Jim Dune are no longer employed by the City, and it is necessary, in ordet to comply with the law, to appoint a replacement Designated Representative as well as an Alumate Designated Representative to scree as the City's representatives respecting to the above Federal regulations and laws, and the City accordingly desires to hereby terminate the appoiatmcnts of Jim [larder as Designated Representative and Jim Thune as Alternate Designated Representative; and `Jt'H[',RI?AS, after careful consideration, the City of Denton, Texas believes that Sharon Mays. Dimtto,, Ihnton Municipal Electric, and Guy Phil Rennaker, Spencer Generation Plant Manager. Denton ;viunicipal Electric, are the most qualified individuals to assume the responsibilities as Iksignated Representative and Alternate Designated Representativ:, respectively, on behalf of the City; and - ~ `,WHEREAS, these positions are positions of extraordinary importance and responsibility, ` and carry with them the burdens of. and potential for, civil liabilities as well as civil and criminal sanctions, in the event said Federal regulations or laws are violated by the City; and EXHIBIT III soanxe. 0 I asaoW WHEREAS, the City Council believes that to the extent specified in the Designated Representative Agreement attached hereto as Exhibit "A", it is necessary and appropriate for the City to assume responsibility, through indemnification, for any sdch civil liability or sanction, unless such civil liability or sanction results from personal disk:oresly; from fraud; or from a willful, wanton, or criminal act of the Designated Representative, or the Alternate Designated Representative; NOW THEREFORE, TIM COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: t. SECTION 1: That the City of Denton, Texas hereby appoints Sharon. Mays as the Designated Representative; and Guy Phil Rennaker as the Alternate Designated Representative for the purpose of effectuating the requirements of the applicable Federal regulitions and laws relating to the "Acid Rain Program" under the 1990 amendments to the Federal Clean Air Act, as same may be amended from time to time. SECTION H: That the City Manager is hereby authorized to execute on behalf of the City of Denton, the Designated Representative Agreement with Sharon May.; and Guy Phil Rennaker; which Agreement is attached hereto and incorporated herewith by reference as Exhibit "A,. SECTION III: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996• JACK MILLER, MAYOR i AT I EST: ".NNIFF.R WALTERS, CITY SECRETARY APPROVI:l) AS TO LEGAL FORM: 11E11BERT L. PROUTY. CITY ATTORNEY i BY: J 5 ~w UK umtnu',lkdi nanca'AAlkilrnekd RepaKmsiw lard dM ` S ;Laga~ c. 1 32XIO e , anWo U I STATE OF TEXAS § § COUNTY OF DENTON § Di.:SIGNATED REPRESENTATIVE AGREENII NT THIS AGREEMENT is made, effective as of the day of _ 1998, by and between and among the City of Menton, Tex_as ("C 1TY"), the owner and operator of the hereinafter named affected sources; Sharon Mays, Director. Denton Municipal Electric ("MAYS"); and Guy Phil Rennaker, Spencer Generation Plant Manager, Denton Municipal Electric ("RENNAKER"). WITNESSETH: WHEREAS, the CffY is sole owner and operator of the hereinpfter enumerated affected sources and units, such sources and units being subject to regulation under the Federal Acid Rain Program (40 C.F.R., Part 72, as currently codified and hereafter amended), a program instituted pursuant to Title IV of the 1990 amendments to the Federal Clean Air Act (42 U.S.C. 7401, A M. as currently codified and as hereafter amended); and WHEREAS, the affected sources of the CITY, and its respective affected units, are as r follows: Spencer Steam Plant, Units 4 and 5; and r WHEREAS, Sharon Mays is employed by the CITY as its Director, Denton Municipal Filcctric; and WHEREAS, Guy Phil Rennaker is employed by the CITY as its Spencer Generation Plant Manager, Denton Municipal Electric; NOW THEREFORE, in consideration of the premises, the covenants hereinafter set forth, and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties hereto do hereby AGREE as follows: 1. DESIGNATED REPRESENTATIVE Pursuant to the Federal Clean Air Act, as amended, the CITY hereby appoints Sharon Mays as its Designated Representative for the Cl UY afected sources. MAYS hereby agrees to act as the CF[ Y's Designated Representative for the Cl FY affected sources. I DU JJ I O IIIL UFSIGNATEU REPRESENTATIVE y e The CITY authorizes MAYS to fulfill the duties placed on the CITY's Designated Representative as such duties arc defined in the Clean Air Act, as amended, and the implementing regulations promulgated thereunder by Federal and State Agencies, including J1V those federal regulations founJ at 40 CFR Section 72.20 et sea. MAYS agrees to perform those duties. i D"ignated Representative Contract -Page I EXHIBIT IV ,I s, , w 'N' r1 x 10 3 2 X I O 0 0 ALI ERNATE DESIGNATED REPRESENTATIVE Pursu, at to the Federal Clean Air Act, as amended. CTIY hereby appoints RENNAKER to act as CIfY's Alternate Designated Representative for the CITY affected sources. RENNAKER hereby agrees to act as the C€€Y's Alternate Designated Representative. IV. DUTIES OF THE ALTERNATE DESIGNATED REPR ESENW IVE 4 The CITY authorizes RENNAKER to fulfill the duties placed on the CITY's Alternate Designated Representative, as such duties are defined in the Federal Clean Air Act, as amended, and implementing regulations promulgated thereunder by Federal and State agencies, including those federal regulations found at 43 C FR Section 72.20 et seq. RENNAKER agrees to perform those duties. V. PROCEDURE FOR THE ALTERNAI E DESIGNATED REPRESENTATIVE TO ACT IN LIEU OF THE DESIGNATED REPRESENTATIVE CITY hereby authorizes MAYS to notify RENNAKER either orally or in writing when she is unable to fulfill her duties as set forth in Section II for any reason, including. without limitation, sickness, vacations, or business travel. Upon receipt of such noticr, RENNAKER shall fulfill MAYS' Section U duties until such time as MAYS notifies RENNAKER (either orally or in writing) that she is able to resume her Section 11 duties: If MAYS becomes suddenly incapacitated and is unable to provide the notice required by this Section, then (a) CITY authorizes RENNAKIR to assume MAYS' Section II duties; and (b) RENNAKER will either orally or in writing notify MAYS of his action: and (c) RENNAKER will continue to perform MAYS' Section 11 duties until such time as MAYS notifies RENNAKER (either orally or in writing','.'tat she is able to resume her Section 11 duties. V1. S CP.RfIFICATEOFREP EEC.SE'.NTA110.4 CI1 Y authorizes MAYS and RE:NNAKF.R to submit a Certificate of Representation as provided by 40 C'F'R Section 72.24, and any other applicable regulation. CITY further agrees to be bound by the certifications made by MAYS and RE;NNAKFR in the submitted Certificate of i Representation. MAYS and RE'.NNAKER agree to promptly execute and file the Certificate of iD Reprewntution. It is acknowledged that. pursuant to 40 ( FR Section 70.20(b), upon receipt by the Administrator of the Environmental Protection Agency of a complete Certificate of Representation, the C'Lf Y Designated Representative. or as the case may be, the Alternate Designated Representative, shall represent and, by his or her actions, inactions, or submissions, legally bind the C1IY in all matters pertaining to the Federal Acid Rain Program and such Designated RepresenlaiNe Contract - Page 2 0 i. i , affected sources and units. CITY shall be bound by any order issued to the Desigpated Representative by the Administrator, the permitting authority, or by a court of competent jurisdiction. r, VII. LIABILITY AND INDEMNIFICATION OF REPRESENTATIVES To the extent allowed by law, the CITY agrees to indemnify and hold harmless MAYS and RENNAKER respecting any personal liability that they may incur in their capacities as Designated Representative and Alternate Designated Representative, respectively. Such hold harmless agreement and indemnification does not exte l to liability that results from personal dishonesty ; from fraud; or from willful, wanton, or criminal acts. Vill. BINDING EFFECT This Agreement is binding upon the CITY in its capacity as the ovroer and operator of the CITY affected sources and wits of ftose sources. IX. TERMINATION This Agreement may be terminated by any party hereto at any time by giving notice of such termination in writing to the other par es. IN WITNESS WHEREOF, the City of Denton, Texas, has caused this Agreement to be executed in three original coun'erparts, by and through its dul3'-authorized City Manager; and MAYS and RENNAKER have each executed this Agreement as evidenced by their respective { signatures set forth hereinbelow, on this the day of _ 1998. CITY OF DENTON ` r A BY: I MICHAEL W. JEZ, CITY MANAGER BY:__~~_ p SHARON MPYS / DIRECTOR, DENT014 MUNICIPAL ELECTRIC wr' DESIGNATED REPRESENTATIVE { t Designated Representative Contract - Page 3 tt a1 G;>t4 ~l "r k 0 - p .erwaew , , BY: GUY PHIL RENNAKER SPENCrR GENERAL PLANT MANAGER DENTON MUNICIPAL ELECTRIC ALTF,RNATE DESIGNATED REPRESENTATIVE ATTEST: JENNIFER WALTERS, CITY SECRETARY c BY: _ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BYf 1kI1-LUUVOL I's11 DpEPTLGL10urLUcum tjlConir"%9fDcsignalcditcpwmlttivt ComtrKtdoc 1 i r 1 i r " 2 Designated Reprcsenlstlve Control - Page 4 x " 25 10 32 ~ ❑