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HomeMy WebLinkAbout12-15-1998 w s;', • -r i { li. i City Council Agenda Packet December 15,1998 i" • .a `v t V fir' ~,.~p 1 ti1'F .42 x • 10' L l_~ " O rxu,a~ . 0 1 h~t~' ~d rill.. /.Y.,...0.!_.[.__ AGENDA 4~enda i1ab1 ,7/,~ CI1 Y OF DEN TON CITY COUNCIL, r,,tc _ - December 15, 1998 Af,;r determining that a quorum is present and convening in an open meeting, the City Council will convene in a Closed meeting of the city of Denton City Council on Tuesday. December 15, 1998 at 5:15 p.m. in the Council Work Session Room ut City Hall. 215 F. McKinney, Denton, Texas, at which the following items will be considered: 1. Closed Meeting: i A. Conference with Employees - Under TEX. GOVT. CODE Sec. 551.075. The Council may receive information from employees during a stt fl' conference or briefin; but may not deliberate during the conference. 11, Personnel - Under TEX. GOVT. CODE Sec, 551,074 I I. Consider the hiring of Chuck Sears, an electrical engineer, as an employee of the City of Denton-Denton Municipal Electric C. Deliberations regarding Real Property - Under TEX. GOVT. CODE Sec. 351.072: and Consultation with Attorney - Under TEX. GOVT. CODE Sec. 5:1.071. 1. Consider and discuss the condemnationof two Drainage Easements (0.209 acre) and (0.910 acre) in the Hiram Sisco Survey. Abstract 1184, necessary for constructing and maintaining drainage improvements along the PEC-4 Tributary specifically in an area south of Sycamore Street. 2. Consider and discuss the condemnation of a Drainage Easement (0.366 acre) in the EEiram Sisco Survey, Abstract 1184, necessary for constructing and maintaining drainage improvements along the PEC-4 Tributary specifically in an area south of Sycamore Street, 3. Consider and discuss the condemnation of a Drainage Easement (0.729 - acre) and Slope Easement (0.011 acre) in the Hiram Sisco Survey, Abstract 1184, necessary for c: structing and maintaining drainage improvements along the PEC-4 Tributary specifically in an area east of • Ruddell Street. 4. Consider and discuss the condemnalionef a Street Right-or-Way Easement (1.619 acre) in the Gideon Walker Survey, Abstract 1330, necessary for constructing Lakeview Boulevard from Shady Shores Road to City of D mton Rails to Trails Right-of-Way, ANY FINAL ACT ION, DECISION, OR VOI F ON A MAYI E, . DFLIBFRA'TED IN A CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH I AIPLOYE LS WILT. ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE Will[ TEX. GOV'L C'ODL Cll. 551. ]11E CITY COUNCIL RESERVES 1 TIT: RIcii"r 10 ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS A1311IORiZED BY 1 EX. GOV'7, CODE SEC. 551.001, liT SEQ. ('TEXAS OPEN MEETINGS 32 x U MIA o , City of Denton City Council Agenda December 15, 1998 Page 2 ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE, CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH 111E TEXAS OPEN MEETINGS ACT, ' IN'C'LUDING WITHOUT LIMITATION, SECTIONS 551.011-551.085 OF THE OPEN MEETINGS ACT, Regular Meeting of the City of Denton City Council on 'rucsday, December 15, 1998 at &00 p.m, in the Council Chambers of City ]fall, 215 E. McKinney Street, Denton, Texas at which the following i1cois will be considered: 1. Pledge of Allegiance A, U.S. Flag H. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible." PR '.SENTATIONS/AWARD 2. Proclamations I 3 Awards A. Fiscal Management & Municipal Services 1. Government Finance Officers' Association Distinguished Budget Presentation Award to the City of Denton 2, Government Finance Officers' Association Certificate of Achievement fur Excellence in Financial Reporting to the City of Denton 11. Main Street 1. Downlowncr of the Year 2. hest Store Interior 3, 1998 Texas Urban Main Street City of the Year C. Parks & Recreation I. Denton Senior C'enter's ]Hospital Visitation Program - Excellence in Programming Award -44 2. Amanda Green - I lorizons Award 3. Denton Parks Foundation - Advocate of the Year Award 4, Cathy Awry - Texas Amateur Athletic Federation Region IV Decade Award 5, Lorraine McGregor- Innovation Award in Management from Dallas/Fort Worth Parks & Recreation Directors' Association C 1 1MV ~NRC ORT r 4. Receive a report from Leonard Logan, Jr. regarding a church grand opening. 0 CONSENT AGENVA F.ach of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommcndations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. 32X 10 0 ,ate City os 0enton City Council Agenda I)ecernber 15, 1998 Page 3 the City Council has received background information and has had an opportunity, to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the ' Ordinance section of the agenda, Detailed back-up information is attached to the ordinances (Agenda Items 5-8). This listing is provided on the Consent Agenda to allow Coudcil Members to discuss or withdraw an item prior to approval of the Consent Agenda, If no items are pulled, Consent Agenda Items 5-8 below will be approved with one motion. It items are pulled for separate discussion, they will be considered as the first items under "items for Individual Consideration", 5. Consider adoption of an ordinance for the expenditure of funds for the purchase of materials or equipment which are available frrm only one source in accordance with the provi: ions of strie law exempting such purchases from requirements of competitive bids; and providing an effective date. (PO 49I641- GTE in the amount of 549,787.14) 6. Consider adoption of an ordinance accepting competitive bids and awarding an insurance contract for long term disability insurance; providing for the expenditure of funds therefor; and providing an effective date. (Bid #2250 - Long Term Disability Insurance to Unum Life Insurance Company of America in the approximate amount of 5100,000) t 7, Consider adoption of an ordinance accepting competitive bids and awarding an insurance P contract for life insurance, supplemental life insurance, end accidental death & dismemberment; providing for the expenditure of funds therefor; and providing an effectiv; date. (Bid 02251 - Life Insurance, Supplemental Life Insure net, and Accidental Death & '-)i. mcmbermcnt to Reliastar Life Insurance Company in the approximate amount of a itt0,500) & Consider approval of an ordinance of the Citj of Denton, Texas, authorizing the City Manager to execute an agrcement between the City of Denton and Fairhaven, Incorporated. Retirement Center to provide for improvements to the senior housing facility a! 2400 North Hell ~ enue; authorizing the expenditure of funds therefor, not to <cced 521,294, and declaring an effective date UBLK; IIFARING 9. Hold a public hearing and consider approNal of a resolution adopting the Roadway Component of the Denton Mobility Plan for the City of Denton; providing a savings and a repealing clause; and providing an effective date. 10, Ilold a public hearing and consider changing the zoning on 34.047 acres from a Planned • Development (PD) zoning district to a Commercial (C) zoning district, the 34.047 acre 0 • property is legally described as tract 2 (11.238 acres) and tract 3 (22.809 acres) in the 1v1. Austin Sunny, Abstract 0004. It is located on the west side of Loop 288, approximately 485 feet north of the 1'-intersection of Morse Rd, and Loop 188. The proposal is for future sale and development. (The Planning and 'honing Commission recommends denial (5-0.) (8-94-049, Loop 288 im(13A-Kinne)) ~ ,Yrr ,y„M 4 , i 2S y 32 X I [I ILL e , 0 COMM City of Denton City Council Agenda December 15, 1998 Page 4 11. l fold a public hearing and consider approval of a zoning change at 1413 E, McKinney to change the conditions stipulated in a Conditioned Office [O(c)) zoning district. The .256 acre property is legally described as the east 50 feet of Lot One (1), in Block Twelve (12) of the College View Addition and is located on the north side of McKinney Street approximately 96 feet cast of Ilettie Street. The proposal is to allow for the placement of an historic structure to serve as an offce, which would be larger than the existing structure, (The Planning and Zoning Commission recommends approval (7-0) with conditions.) (Z.98.054, 14131:. McKfnne)) 12, Hold a public hearing and consider rezoning 34.133 acres from Planned Development 39 (PD39) zoning district and Single Family 7 (SF-7) zoning district to a Planned Development (PD) zoning district by way of a detailed plan, allowing for detached single-family homes. The property is located on the southeast cornar of Stuart Road and Loop 288, (The Pianniag and Zoning Commission iecommends approval (5-0) with conditions.) (Z-98.042,Denlon Garden Addition) {TEATS FUR INDIVIDUAL CONSIDERATION 13. Consider approval of a resolution requesting t:jdt the 'ja" ]c.<3s Legislature strongly consider and include within any proposed elects is restructuring legislation the position on electric utility restructuring expressed by and jo,ntly ndopted by the four Texas Municipal Power Agency member cities. 14. Consider approval of a resolution reviewing and adopting the Investment Policy for Fw,ds for the City of Denton; designating an investment onlecr; providing a savings and a repealing clause; and providing an effective date. 15. Consider adoption of an ordinance approving a real estate contract between the City of Denton and Rayzor Investments, Ltd. relating to the purchase of 1.288 acre of land for the expansion of U.S. Highway 77 (Parcels 14 & 25); authorizing the expenditure of funds therefore; and providing an effective date. 16. Consider adoption of an ordinance authorizing the City Manager to enter into a professional services contract with Diversified Utility Consultants, Inc. to review Lone Star Cias Company's request to increase rates in the ('it), of Denton service area; authorizing the expenditure of funds therefor; and providing an effective date, IT Consider adoption of an ordinance of the City of Denton. Texas donating certain historical artifacts to Denton County. Texas, to be held in the public interest as public property; reserving the right to reclaim the artifacts in the event that Denton County is unwilling or unable to presene, maintain or display them for the benefit of the public; 0 t and prescribing an effective date. yi 18. Consider nominations and appointments to the City's Boards and Commissions. i 19. Miscellaneous matters from the City Manager. 10 32 X 0 M AMR City of Denton City Council Agenda December 15, 1998 ~i Page 5 I 20. New Business This item provides a section for Council Members to suggest items for future agendas. 21. Possible continuation of Closed Meeting under Sections 551.071-551.085 of the Texas Open Meetings Act. 22. Official Action on Closed Meeting items held under Section 551.071-551.085 of the Texas Open Meetings Act. Following the completion of the Regular Meeting, the Council will convene into a Work Session to consider the following: L Receive a report regarding the fiscal year 1997.1998 Annual Investment Program, 2. Receive a report and gise staff direction regarding Robson Communities deveiopment issues. 3. Receive a report, hold a discussion, and give staff direction regarding the draft Growth Management Strategy. 4. Receive a report, hold a discussion, and give staff direction on the wastewater treatment I planning report prepared by the consultant Alan Plummer Associates, Ina 5. Rec6c a report, hold a discussion, and give staff direction concerning the expansion of the City's wastewater reuse program. CERTIFICAIE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the ___day of 1998 at o'clock (a. m.) (p.m ) CITY SLC'RETARY NOT F: ']'I IF CITY OF DENTON CITY COUNCIL C1IAMBERS IS ACCF,SSIBLE IN ACCORDANCE WI I II THE AA1I-.:1C'ANS WI I II DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR 1NE, HEARING IMPAIRED IF • RLQUE.SIF:D AT LEASF 48 IIOUR5 IN ADVANCE OF THE SCHEDULED MEETING, p P1.F:ASFi CALL 'Fill' CITY SECRETARY'S OFFICE AT 349-8309 OK USE RI111COMMUNICATIONS DEVICES FOR THE DLAF (£DD) BY CALANG 1-800- l1AY=IX SO TIIAT A SIGN IAN'GUAGE INTERPRETER CAN BE SCHEDULED R i t IROLIGI I T F1I: CI I Y SECRETARY'S OFFICE, 32 10 Now"" r , O 1 navnn Sib 4prnJa ib;ri AGENDA INFORMATION SHEET r 4;,; ~,R. 15.' yfJ AGENDA DATE: December 15, 1998 Questions concerning this acquisition may be directed DEPARTMENT: Finance - Purchasing to Glenn Fisher 349-7121 , ACM: Kathy DuBose, 349-8228 fl i SUBJECT: AN ORDINANCE FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITTI THE PROVISIONS OF STATE LAW EXEMPTING SUCI{ PUKC VASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AVD PROVIDING AN EFFECTIVE DATE; (PURCHASE OPDER #'91647 - GTE IN THE AMOUNT $49,787.10) BACKGROUND: The extensions to the Substa I i onslOperat ions building at the Spencer complex have been completed. The Electric Distribution and Electric Metering divisions will relocate to this bile. To house the additional staff, an upgrade of the telephone switch within the Spencer Power Plant will be required, The upgrade of the phone switch will accomplish the following: • Add an additional cabinet for future expansions. 6 Add digital and analog phone ports for electric personnel. • Add additional voice circuits bctw'ccn City Hall East and City Hall telephone switches. • Upgrade the switch software from version 19 tc version 23. REC,O\1,~IENDATIOA: 1J1 I We recommend this purchase be approved to GTE in the amount of $49,787.14. ESTIMATED SC'HF.DULE OF PROJECT: Equipment delivery and setup is approximately 10 days from receipt of order. FISCAL INI'Ok%IATION: This project is part of the overall upgrade for the City's telephone network. A reimbursement resolutlon has been approved by the City Council on October 20, 1998 to utilize Utility funds prior tohY 1999 band sales. PURC'IIAS ' ORDER INFOR:IIATION: I This purchase is for a telephone switch to upgrade the City's existing system. This switch is only available from our telephone equipment scl plier to assure system compatibility. As a sole source t acquisition, the purchase is exempt from the bid process. "^rt"'''{ 3 2 X1.,1 r~ r O l 0'e I AGENDA INFORMATION SHEET DECEMBER 15, 1998 PAGE 2 OF 2 Respeett'ully submitted, I Name: Tom Shew C.P.M.. 349.7100 Tide: Purchasing Agent r i Prepared by: Name: Denise Harpool Title: Senior Buyer Attachment M I: Pwch,ase Order #91647 to GTE I I611A ANDA i f l M , 4 r 2 ,s y :rL° 25 x 10 ' .p1; t 32x~❑ o 0 V PURCHASE ORDER Ni 91641 THIS IS A This number must ppsr on all CONFIRMING ORDER invoices, delivery slips, cases. One, boxes, packing (IF MARKED) One, slips ps and bills, DO NOT DUPLICATE J RsQ No. Sid Na Det•. 12 02 98 Psgo No N . O1 rt PURCHASING DIVISION 1 901-8 DEN SONf TDEN`OAN TEXAS 76201-4304 VENDOR GTE 9401349-7100 DIFW METRO 817%287-0042 FAX 9401349-7302 41 41 NAME/ P.O. BOX 66041 DELIVERY COMMUNITY DEVELOPMENT S35 ~ ADDRESS ADDRESS DALLAS TX 75392 100 W OAK STE 208 DENTON TX 76201 VILNA LARD VENDOR NO, 00059701 DELIVERY OUOTED 12 16 98 FOB DESTINATION DINER TS TEAMS ` 001 1.000 EA VENDOR CAT. ! N / A MPG NAXk 3,411.150 3,411.15 CITY 19100 MYA 150 POWER ASSY I 002 1.000 EA VENDOR CAT. / X / A MFG MANE 31197.950 3,197.9b CITY 19100 KERIDIAN R23 BASE SOFTWARE n 003 1.000 EA VENDOR CAT. I - N / A XF0 NAME 666.240 666.24 CITY 19100 RTU/NETWORKINO SW i . i P 0E TOTAL I 74275.34 • u VLN000 I45I9UCU01,15: 1 lams - Not 30 swu .m..,..r r.at 1 1. Sent erllinet myPics with dwhlel to" : 4. SInPFmit 41istroc1,001 102 OeSlrMlm rrrgrt Iti4.0 .n,......,.n,ii 2 Bali ~s . Aeeowit Psybts 6 No Icdersl w store a les w sbutl Se uKh.A'f 716 C NkFimxr 61. M pxrl bile, ._Nrrr hr.n7+Ihri.r.M.. Ounro fX lSt41-1 J ti 79! 41 xa 25 X, 11 32X10 E ~erailili1E11(j t, y - o • V PURCHASE ORDER NO; 91647 THIS IS A - ' inf numbs must pp # di CONFI8MAI ORDER I invoices. f. delivii slops, faf, . OF MAR KED) lul cinf, boxes, pfclinp slips and eluf. DO NOT DUPLICATE Re0 No, Bid Not Dal& 12 02 98 Page No. 02 CITY O "CHASING ONISSION 1 901 8 STAl I`OA TEXAS 78201-4364 840!349-7100 D/FW METRO 8171267-0042 I4 FAX 940/349-7302 VENDOR GTE NAME/ P.O. BOX 66041 DELIVERY CONKUNITV DEVBLOPMEMT 835 ADDRESS ADDRESS DALLAS TX 75392 100 W OAX STE 208 DENTON TX 76201 VILXA LARA VENDOR NO. 00059701 DELIVERY OUOTEU 12 16 98 FOB DESTINATION BUYER TS TERMS r: "WIN 004 1.000 SA '/RMDOR CAT. 1 N / A NPG WAKE 1,199.230 1,199.23 j CITY 1 9100 III RTU/ISDW NETWORKING 005 1.000 EA VENDOR CAT. I N / A MTO MIKE 266.500 266.50 CITY 1 9100 TRU/PRIVATE ISDN NETWORKING r • 006 1.000 EA VENDOR CAT. 4 N / A MPG WAKE 586.290 586.29 CITY 1 9100 RTU/NETWORK MSG SERVICE SW 1 1 , . n 1 06 TOTAL 1 20052,02 ` i VENDOR INSTIMRTIONS 3. Tfrm3 Fill 10 0 ....r..,..,..,.,1 1 Send frlPm/ in,fief Willi "11I COPY 4. Sh.Fpwd wistrual4"s FOB fhlurall" pe of fMM., ,r.,,,,.,, 7 Bolt U 4tteunU F0Ydbb 6 No fr4e1J r 0810 sdr0 4. shill la wm~rd,A 616 E. 1144irme}} 60 I paves billed . Dunlon, Ik 16701 spot I5f 11 r,uNl rNv1 ,n 01 . 75 X Q 32 x I 0 0 r F 1 1 . 1 PURCHASE ORDER NO: 91647 THIS IS A This vonwe muN weer se all CONfIRMAR ORDER L~ ,moles, , delivery sups, use, Itf MARKED) IL~JI tins, barn, p+dln9 Slips and bins. 00 NOT DUPLICATE Req No: Bid No. Dote 12 02 98 Pops No. 03 PURCHASING DIVISION 1 9001 9 E TEXAS ST90 /rrEEH`O,SEXAS 70201-4354 VEND011 GTE 9401349-7109 O11vV AAETRO 5171247-0042 FAA 9401349-7301 NAME/ A.O. BOX 66041 DELIVERY COMMUNITY DEVELOPMENT 835 ADDRESS ADOKSS DALLAS TX 75392 100 w OAK STE 208 DENTON TX 76201 VILNA LARA VENDOR NO. 00059701 DELIVERY OUOTEO 12 16 98 FOB DESTINATION BUYER T8 TERMS 007• 2.000 EA VENDOR CAT. 1 N / A MYO MAKE 962.345 1,924.691 CITY 1 9100 SOFTWARE TRANSACTION PEE 008 2.000 FA VENDOR CAT. / N / X XFO NAME 148.055 296.11 CITY 1 9100 BASIC IMHOUSI CONVERSION 009 2.000 EA VENDOR CAT. 1 N / A MFG NAME 10001.020 2,002.04 CITY 1 9100 0911 S/A T-SERV It . a P 08 TOTAL 1 4,222.84 , 1 'W VIND011 M1514U[TI04 3 Isms • Nei ID ue....e„..1. ur•~.+I 1, Send rl4iAA nvoice wnN 4W,e41e u0Y ! 1 Snlpgln4 m5liucl1M1 F D N Deltlntlmn 1NOF04 11.1..1 .n6.... I.., n.n 1 0111 Is - Actsuna Fpible I No 10tial or 1141e odes I,c "I k mcluAd _ tit McAl~~t 54 mpicc11111.d lin4y~I+rr.nxl _ 0nnlan- t~ ,k I❑ sr~ r, P K [J 2X • O ' V4PROlW I I PURCHASE ORDER NO. 91647 THIS IS A This numbw mutt liappii,ar on ps, cases, CONFIRMING ORDER I vo¢u, dabvery shpt, cff, . Ilf MARKED) Il ~JI m l clnf, boxes. packing flips arid bills. DO NOT DUPLICATE Nf4 No. Bid Na b41a 12 02 91? Pfgf No. 04 PURCRAS04 DIVISION Y90 1 OF 'DEXXAS STTA0 DENroK TEXAS 76201-1354 9401143-1100 OIF'N MITHO P171261-0042 FAX 9401349-7302 VENDOR 7Tr' hAME/ Y.O. BOX 66041 DELIVERY COMMUNITY DEVELOPMENT 3301 ADDRESS ADDAE$b DALLAS TX 75392 100 V OAK STE 209 DENTON TX 76201 VILNA LARA VENDOR NU. (10059701 DELIVERY OWTEO 12 16 98 FOB DESTINATION BUYER TS TERMS <i 010 1.000 EA VENDOR ('A':. 4 N / A MFG WAKE 215.710 215.731 CITY 0 9170 CABLE 251 RJ48)K) TO DA15S(F)i Oil 1.000 VII VENDOR CAT. 4 N / A MFG NAME 95.170 95,17 CITY 4 9100 POWER SUPPLY 24 VDC WALL MOUNT 012 1.000 EA VENDOR CAT. A M / A MFG MAKE 8,527.870 8,527.8 CITY 4 9100 OPTION 51 C UPGRADE PACKAGE i I P GB TOTAL E 80838.75 VENDOR INSTBUtT10NS: 3 Terms • Nei 36 f• •'r r• t•xI ! 1 Semi sl4insl Invflcf with hwe copy 1. ShrppuH an Uwbws 1 a0 I minatlerr FreFw4 ttx.a 2 Bill to Accoums Fellable S No Itrhisl w slMe s4hrv ism OWE 6: oxhnk/ 116 U MLKKfr 61. m Ixne1 111!,4 I'u!Irr•irNl Ittvr.6et Oumm~, IK 1i! 14299 t~--,r~~~ 7 I a 2 X I u x W. IRA 0 .aerAnws • ,t PURCHASE ORDER NO: 91647 THIS IS A This number domust epper ell CONFIRMING ORDER I I irvo0ces deirvev digs, tales, ~ OF MARKED) I~-JI 11 clns. boxes, pscs'm4 slips mind bills. LNy NOT DUPLICATE ? Req. Na Bid Na. Delr. 12 02 98 Pepe No. 05 Pt1RCHASINI INVi50N1 / f O B TEXAS STTAER TEXAS TEXAS 76201-4354 VENDOR GTE 1401349-7100 OIFW METRO 617129)-0042 FAX 9400149-7302 NAME/ P.O. BOX 66041 DELIVERY COMMUNITY DEVELOPMENT 935 ADDRESS ADDRESS DALLAS TX 75392 100 W OAK STE 208 DENTON TX 76201 VILNA LARA VENDOR NO. 00059701 DELIVERY OLIOTED 12 16 98 FOB DESTINATION BUYER T8 I,pAI$ i 013 1.000 EA VENDOR CAT. 1 X / A MFG NAME 6,129.410 6,129.411 CITY 1 9100 i 69060/64 Ad CALL PROCESSOR 014 3.000 EA VENDOR CAT. 1 X / A MFG NAME 66.623 109.8' CITY i 9100 2 PORT SDI/10 TO DT9/DCE CABLE 015 3.000 EA VENDOR CAT. 1 N / A MFO WAKE 799,486 2*398.4 CITY / 9100 NSDL CARD y P OB TOTAL 1 0,727.71I~ ' j , VENDDA INSTAt161*4 1 leims - Nei f0 su....w... 1. Senl erpinel M,blce wllh 41411ens ee71 j 4 Ship//0M uobuchens. FOB nosh:wbsa Pepe! 1. Dill to AcewnU Feyebls 6 No ('40sl w sisic s+h.s Iss Own be un.b.AA Its E MLKimw Ill m purr bhc) IteiEubb I r44,6e0, ` 0ureon, I K 3?11 4I99 iiiiiiil am • I *van" a 40WWA e • PLMiCHASE ORDER NO: 91647 THIS IS A inls number mull appear ail CONFIRMING Invoins, delivery s'Ips, cases. . (IF MARKED) 01 clna, boxes, pal:04 sups and bills, DO NOT DUPLICATE ; Raq. No: Bid No- Data. 12 02 98 Page No. 06 ITY PURCHASING DIVISION / 901-8 TE N STnnlif TIEN`ONNN,SEXAS 70201-4354 9401349-7100 D/FW METRO 8171267-OG42 FAX 9401349-7302 VENDOR GTE ' NAME/ P.O. BOX 601.041 DELIVERY COMMUNITY DEVELOPMENT 835 ADDRESS ADDRESS DALLAS TX 75392 100 V OAK STE 208 VILNA L11RA DENTON TX 76201 II VENDOR NO. 00059701 DELIVERY Ol10TED 12 16 98 FOB DESTINATION BUYER T8 TERMS I 016 1.000 EA VENDOR CAT. 4 N or A XFO NAME 1,865,470 1,665.4' 7 CITY 1 9100 DIGITAL LINE CARD 017 1.0'10 EA VENDOR CAT. / N or A MFG NAME 1,865.470 10665.4 CITY 4 910D ANALOG LINE CARD i' • 016 2.000 EA V2NDOR CAT. 1 CITY A 9100 N / A MFG NAME 1,332.480 2,664.9 DIOITIONE RECEIVER CARD j ' I o P GE TOTAL 1 6,795.91 t - I Y4NOOA INSTMUIhONx i 7 Tunis Nat 90 u.4,. .r•4.a1 1 1. Send sr lend uweise with /y1f,este eeFY Shl lnl msllechsns FOB 0e111WIOn Fo l e...a.a..n. 4.4.,41 1 11011 is - Arce,il FryaUle ! S N. leikroil w Hale seks lat shill k na.hA I 915 Y WrInnerr $I m eurr~ bPed I'uilu'hA9111r17hel , Ihmwn, I11 1Sf0} 1199 2 32x O • o • PURCHASE ORDER NO; 91647 THIS IS A This nu"er nwsl appear on sit CONFIRMING ORDER invoices, delivery sups, eases, OF MARXEDI cros, Ea■ss, picking dips and blip DO NOT DUPLICATE Rey No: Bid No: Data 12 02 98 Pepe No. 07 "CHASING DIVISION 1 001-8 DENTONf T1EN`ONN, TEXAS 76201-4364 VENDOR GTE 940/349-7100 0/FW METRO 817126 -0012 FAX 9401349-7302 NAME/ P.O. EOX 66041 DELIVERY COMMUNITY DEVELOPMENT 835 ADDRESS ADDRESS DALLAS TX 75392 100 W OAK STE 208 VILNA LARA DENTON TX 76201 VENDOR NO. GGG59701 DELIVERY OUOTED 12 16 98 FOB DESTINATION BUYER TS TERMS 8 1 `t 019 1.000 RA VENDOR CAT. 4 N / A MPO NAME 6,395.900 6,395.9 CITY 1 9100 DUAL PORT DTI/PRI PACKAGE 020 1.000 EA VENDOR CAT. 1 N / A MFG MANE 906.090 9Cb.0! CITY 4 9500 RING GENERATOR • 021 2.000 EA VENDOR CAT. 1 N / A NTO NAME 56.260 112.5 CITY 1 9100 DDP TO CLOCK CABLE k P GE TOTAL s 7e414.61 VVENDOR' STRI TION 1 W 1 larn.s • N11 36 s*~• •n•••• ...'a++i p n & #04019 cNY i 4 Ship puq N'S"KTIe01, t00 D91INW19" Frlps4 1u.. .n. nn e.Ir ! BJ1 s1 - Accelm s psy/sh i I No UwaiI M 1419 SOILS Ill sh11R k slclml•A 111 E IkF hvr {1 m pn1 v1 1dWA raii l.r`,1MI fNii■lui•....... _ Dunrorti 111 1{101-41!! ,~Y1 bjh y ra n.,~.t- 7 x LJ J2 X 0 a.eaiaa , a n - . PURCHASE ORUFA NO: 91641 THIS IS A This o number mull appes on all CONFIRMING OROEA invoices, delivery slips, enee, . Ilf MARKED" clns, boxes, packing type and bills DO NOT DUPLICATE Rao No'. Bid No: Date: 12 02 9e page No. 08 CIY PURCHASING DIVISION j 901-2 DEN S7tPUT OCN`OR TEXAS 70201-4354 VENDOR GTE 340!349-7100 OOTW METRO TEXA 917 267-0042 FAX 9401349-7302 NAME/ P.C. BOX 66041 DELIVERY COMMUNITY DEVELOPMENT S35 ADDRESS ADDRESS DALLAS TX 75392 100 W OAK STE 208 DENTON TX 76201 VILNA LAAA VENDOR NO. aGG59701 DELIVERY OUOTEO 12 16 98 FOS DESTINATION BUYER T8 TERMS J. 1 022 1.000 EA VCNDOR CAT. 0 N / A MFG NAME 74.030 74.0 CITY 1 9100 NETWORK TO CONTROLLER CABLE 023 1.000 EA VENDOR CAT. 1 N / A MFG NAME 149.530 149.5 CITY 1 9100 DDP TO KSDL CABLE 024 1.000 EA VENDOR CAT. 1 N / A MFG MAKE 21587.130 2iS87.1 CITY 1 9100 i GTE INSTALLATION li i I ~ This original ilea should be 65,207,50 there Is a discount P ON TOTAL 21810.65 ~ n of 54 Ill the discount $2,620,37 and we took it off of s, Line 024. I VENDOR INSTRAPON. I 1 lams • Nil 30 a..n .aa....I,.r,n 1. Sen4 NlSinal Mreita with lsi to" i t Milli Inttratliant 106 0tsbnanan lrtlel Rive".ew........a.+t 10,11 to Actoonb rryable 5 No lelcr6 a title ties tax thdl ►e a.th.4el III E, MOM St ! In p.net hlhd ac r I t7 Yl;tt /1 Aenton, t% 7i2y1•t711 3241 I 19 1 Y 1 i f Y PURCHASE ORDER NO: 91647 THIS IS A tna number must appear on oil CONFIRMING ORDER invoices, delivery Ops. cases, . OF MARKEDI ctm., boos, , pecking slops ps ps and bills. DO NOT DUPLICATE i Reo No'. Bid Na Dote 12 02 98 Pope No. 09 F PuRCMSING DIVISCIO ITY N 11 9001 8 DEN SOFEI} rDEEN(0A14TEXAS 76201-4354 VENDOR GTE 940/349-7100 DIFVV METRO 8 8171267-0042 fAX 940/349-7302 NAMEI P.O. BOX 66041 DELIVERY COMMUNITY DEVELOPMENT 835 ADDRESS ADDRESS DALLAS TX 75192 100 12 OAK STE 208 VILNA LARA DENTON TX 76201 VENDOR NO. 00059701 DELIVERY QUOTED 12 16 98 FOB DESTINATION BUYER TO TERMS Agfq~` MIAM~. ' I -W 025 1.000 L'A VENDOR CAT. 1 N / A MrG MANE 2,049.350 21049.3 CITY 111, 9100 FREIGHT / MINOR MATERIALS I 3 P 0E TOTAL 1 2,70487.9.1 610 107 1031 4160 9300 {9,787.14 GRIND TOTAL 1 49, I i (Iis w.e" YkNDOR INS1r6 M Fhxro1~ I firms • Net 15 INN" I. Ten/ MiinA Mvo~n witA IuPfi eMe espy 4 Ship . 7 /rA ru... .x..«.. y.r„ri . . I'V1M Insxren1 Defbneli110=01 Boll . M ryr 71201J21' I NO Ne P4iY/ r it019 s. 10 rh SINS bs dinA le 110=01 III ( x. e1.Le~ 1,14,11 ~'K 10 32xbD p 1 ORDINANCE NO. ' AN ORDINANCE FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF ` MATERIALS OR EQUIPMENT 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 #91647 -GTE IN THE AMOUNT 549,787,14) WHEREAS, Section 152.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one sot:-ce because of patents, copyrights, secret processes or natural monopolies; f rns, 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; need cot 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 the "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDER NUMBER V). Q0 AM0 j 91647 GTE S49,787.I4 S CTION II. 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 A Department, SECTION III. That the City Manager is hereby authorized to execute any 1 contracts relating to the items specified in Section i and the expenditure of tltttds pursuant to said contracts is hereby authorized. SECTION IV. That this ordinance shall become cffective Immediately upon its passage anal approval. 12 r h '25K 10 32 x~~ O I j' PASSED AND APPROVED this the day of I99S. ~A JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY r.. BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 91641-SOLE SOURCE I I i r + I y r+^ 1 ' ~J [ 14iA: --jj1I11 ` I I~ t•;1 p t Iii 4i pivvi M' 1 t I PURCHASE ORDER NU: 91647 THIS IS A Iles IMlIIi nusl stwsm on all CONFIRMING ORDER ( .f n.oces, ly MF dps, cases, (IF MARKEN tins, bo.l., PKtkV elpl and bills. J 00 NOT DUPLICATE Rey No: &d Na Data 12 02 98 Page No. 01 FL "SNO DIVISION /90011-0 DEN STREP I~NTTOIAJ TEXAS 76201-4364 9401349-7100 OIFW MkTRO 8171201-0042 FAX 9401349-7301 VENDOR GTE NAME! P.O. 80N 66041 DELIVERY COMMUNITY DEVELOPMENT 835 ADDRESS ADDRESS 'I DALLAS 7x 73392 100 W OAK STE 206 VILNA LARA DENTON TX 76201 VENDOR NO. 00059701 DELIVERY OL"O 12 16 99 FOB D18TINIITION kKR TS TERMS 3Z ~Illlm 001 1.000 EA VENDOR CAT. 1 N / A 11110 NAME 3,411.150 3,411.15 I I CITY 1 9100 MFA 150 POWER ABBY 'I 002 1.000 EA VENDOR CAT. 1 M / A MFG MANS 31197.950 3,197.95 CITY 1 9100 MERIDIAN P23 BABE SOFTWARE 003 1.000 EA VENDOR CAT. 1 M / A MFG NAME 666.240 666.24 CITY 1 9100 RTU/MSTWORKINO 8W I I P 06 TOTAL s 7)775.J4 1 I V%NDM a I. 16 M l 1 o to w011h s e~ 4 1 MIS ems Nei 30 ivK10"t foe 1449 1111 SW .el,601 t /rgsi4 srwu n. - 1, li ~ IN !0 1 I • w..1 .n.. 1 I . 1. NO f .w Ml stall M McF.4e1 ~ IkK ;e 11411 in MKSS litlsl ec r s+m ' rr'~~ I r f,`trs .k6':'',, ; 2 5 x I E.J 32 x a'r b , b n>.wr iw y PLINCHASE ORDER PW): 91647 S IUDIR coil Iwwnb ukl Ilnir on in CONFIRMINwwoKU, 1 7 slips. cnu OF MA' clot., born, poi slops rd bills. DO NOT DUPLICATE - r Rio Na: &d Fla Dar. 12 02 98 Pop No. 02 x' CITY OF DENTON TEXAS ; PLW-4ASM10 DIVISION 1901-9 TEXAS SPREE} I DENTOFI TEXAS 78201-4384 VENDOR GTE 9101349-7100 O/FW ki 8111287-0012 FAX 9101149-7302 NAME/ P.O. BOX 66041 DaYIYERY COMMUNITY DEVELOPMENT 935 f ADDRESS AGGRESS DALLAS TX 75392 100 W OAK STE 208 DENTON TX 76201 VILKA LARK VENDOR NO. 00059701 DELIVERY OUOTEO 12 16 98 FOB DESTINATION "ER TERMS i 001 1.000 EA VENDOR CAT. 1 N / A KFO XANE 1.199.230 1,199.23 CITY 1 9100 BTU/ISDN NETWORKING I 005 1.000 EA VENDOR CAT. f K / A MFG KAME 266.S00 266.50 CITY f 9100 TRU/PRIVATE 18DX NETWORKING ~21 006 1.000 EA VEXDOH CAT. 1 M / A MFG MAKE 586.290 586. 21111 CITY 1 9100 { RTU/NBTWORK ROO SERVICE ON P OE TOTAL I 2,052.02 i Y I Vilil I INSIIlUC7i0N7' _ 3. Trml Nil 30 ur... qr M.,l 1. Simi WWII Ikaki villa ##mlo calif. 1 iM wUvoctio F 01. awwwriM FNIFeF IWN .wor., ywwwli 1. Ain M • AciWMI hrlaq 5. me INerfill r Imi Idol w IMI be wK11011104 Ell A McIfWNF S/ M Kkel boil ~c 9 vTf x+ Oiibn It. 162, 1711 • f 2bK10 32X10 l l . . , THIS IS a this F"O'sr muel vpssr on all WFfUlMINp ORDER Invoice% tive,y slips, tens' We. pscekp slips end Olpe, (IF MARK ING W DO NOT DUPLICATE Rs0 Nth Sid No DNsc 12 02 96 Poke Na 03 PURCHASWG D'"SON 119001 6 TTEEXASI SON} CEN`OR TEXAS 7620 1-4354 VENDOR OT8 9401349-7100 D1FW METRO 817/267-0042 FAX 9401349-7302 NAME/ P.O. BOX 66041 DELIVERY COMMUNITY DEVELOPMENT 935 ADDRESS ADDRESS DALLAS TX 15392 100 V OAK STE 208 VILNA LANA DENTON TX 76201 VENDOR NO. 00059701 DELIVERY OUOTEO 12 16 98 FOB DESTINATION BUYER T8 TERMS 007 2.000 BA VENDOR CAT. N / A MFG KANB CITY 0 9100 962.345 1x924.69 SOFTYARB TRANSACTION FEE 008 2.000 EA VENDOR CAT. 0 N / A MFO NAME ' CITY 4 9100 148.055 296.11 BASIC INHOUSE CONVER'IION r. e, 009 2.000 EA VENDOR CAT. 6 N / >I MFG NAME fl CITY 6 9100 1,001.020 2#002.04 CSU S/A T-SERV 11 V# ° P ON TOTAL a 4,222.84 I . j reNDOR IHSiIh!<f10N3, 1 inins Not 10 A..NU .Ar«.a y..nei . I. lenl erlom m"Itt with 4ylitels 14"_1 4. sh fits leflfschsnk F.06. Oetrnwnes meow 0. bill Y • Atteina Fell" 1, he !skis! M ow Iles ue sw ss ncbed 1$ L IkK It I M rnpq 6141 sc s KI lvisn ri DFm~ iN 11. 1.4HI .,.f r Y o a a . ~nyl ac: u1Y/tn iiV, 91 O'11 The nal "V roust epper on all THIS IS A invoice suers slips, tests, CONFIRMING ORDER A elm. oeclhq slips end birisbF MARKEDI DO NOT DUPLICATE L pea !:.x Bid Na DNr. 12 02 98 Pape No. 04 KACIUSINO 0-Wj$IION 19001 B RXAfS 60NV OrNtON, TEXAS 76701-4354 VENDOR GTE 9401349-7100 OJFW METRO 8171267-0042 FAX 9401349-7302 NAME/ P.O. BOX 66041 ADDRESS DELIVERY CONNUXITY DEVELOPNENT 835 ADDRESS DALLAS TX 75392 100 W OAX STE 206 VILNA LARA DENTON TX 76201 VENDOR NO. OGG59701 DELIVERY OUOTEO 12 16 98 FOB DESTINATION BUYER TB TERMS 610 1.000 EA VENDOR CAT. 11 N / A NTG MAKE CITY / 9100 215.710 215.71 CABLE 25, RJ48)K) TO DA158(►) 011 1.000 EA VENDOR CAT. S N / A NFG MANE CITY 1 9100 95.170 95.1'1 POWER SUPPLY 24 VDC WALL MOUNT r J 012 1.000 EA VENDOR CAT. 4 M / A NP0 KANB CITY 9 9100 B,S27.870 8,527.81 • OPTION SI C UPGRADE PACXAGE j P 08 TOTAL 1 00838.75 YFNDOA JNf1AUCTlON,~. 1 41m1 • Nei 10 Yw.. •e..u .r r.*.n - IOM N41fw MrNte with #*,We eery. 4. Shi MI M1ha[lionl, f 01 Gel nnNn hi~ef er.0. .aw«0. 4«MNl M it • oil sw MFR •h 6IM letwoIf v 1101 Oil Me fNYI 1r inclv/af _ JJf b pKq limes . 0 111 161 1 4111 c Inp anon ~l~ 32XIO 9 , • p , I %&GPM 4 I I i I I~.talrvoc utwt.n uu: y>,uyi THIS IS A ~ ;INS nu d'a mull iPDtr all CONFIRMING ORDER I ( ? ` 4 trvaavNF Slips, cases, IL`\ J clot, Lt. ptckkl9 slips &W bldg (IF MARKEDI DO, NOT DUPLICATE Rta Nm Bd No Oita 12 02 98 Pop Na 05 CITY OF DENTON TEXAS PURCMASWG DIVISION 1 901.8 TEXAS STREE} I OEWOR TEXAS 76201-4354 9401349-7100 DIFW METRO 817/2!7-0042 FAX 9401349-7302 VEh" GTE NAME/ P.O. BOX 66041 DELIVERY CONNLKITV DBVELOPKENT 835 ADDRESS ADDRESS L DALLAS TX 15392 100 v OAK 3TE 209 VILNA LARA DENTON TX 76201 VENDOR NO. OOO 19701 DELIVERY OIIOTEO 12 16 98 1`06 DESTINATION BUYER T8 TERMS An - 013 1.000 NA VENDOR CAT. / M / A 11170 MANE 6.129.410 6.129.41 CITY 1 5100 68050/64 1118 CALL PROCESSOR 014 3.000 EA VENDOR CAT. 1 N / A M7G SANE CITY 1 9100 66.621 199.6'/ 2 PORT 801/10 TO DTE/DCE CABLE 015 3.000 EA VENDOR CAT. / N / A M►G MANE 799.48b 2,398.46 V CITY 1 9100 e NBDL CARD N } P Off TOTAL ! 81727.74 Wtf'DOA N5IPoSi:Io1-3. IEfEI! Nil 10 IuA.n .M~m qaM/1 i 1. SIM ry4ul Innis >ri8 iSali eiFY 1. Snipin! ~IatctisK 1.01. Dtlmrltitt Swett EN•,. I.M.I.. yN~NI I. lid r Accoom Fgbq 1. No fEM 4 0 Ito@ late at Mdt N ftf oil I. McKMtN It In pmtt NOW ~~l t~asnl7Sv.Km . M~ttry f11 1 III 12~t• a.W 25 x I~ 32x1q I . this nun6M msl ageu on alp ,roa w rt FIRMING ORDER Invoices ',livery apps. cases. CONFIMIND clne. 4 paclln0 Nwa and Olhf DO HOT DUPLICATE A R•a Na Bid Na Date: 12 02 98 Pape No. 06 i 1 CITY OF DENTON TEXAS PURCHASING DIVISION 1201-8 TEXAS STREY{ I DENTON. TEXAS 76201-4364 VENDOR OTC 0401349-1100 Dli LETRO 8171247-0042 FAX 940049-7302 NAMEI P.O. BOX 66041 DELIVERY COMMUNITY DEVELOPMENT 835 ADDRESS ADDRESS DALLAS TX 75392 100 V OAK SIR 208 VILNA LARA DENTON TX 762UI VENDOR 111 00069701 DELIVERY OWTEO 12 lb Pe FOB DESTINATtOX WRR TO TERMS 016 1.000 NA VENDOR CAT. 4 N / A NFO MANE 1,864.470 1,865.17] CITY 1 9100 DIGITAL LINE CARD 017 1.000 EA VENDOR CAT. ! N / A MPG NAME 1,865.490 1,865.47 CITY 4 9100 ANALOG LIME CARD f' 010 2.000 SA VENDOR CAT. I M / A MYO MANE I ITY 0 9100 1,332.480 2,661.96 • DIGITIOXE RECEIVER CARD i P OR TOTAL I 6,395.90 „ i 0 ~ VINDOII NII1M1011ONL 1. falter - Wf 1! MNw . , nn pae,,t 1, llhl It14M1N IMkI NiB 444111 MIY 1 {I,~IM MIMa011anL 106 DNhntown Maw~rs "0 V".x, "Nib" L !BI M • keopo F I M M 1f/.rd or Nall idol sit MnN le M+eri! _ I! L R !1 ; Prieto IUNI - ~S'~TaToet"""`- OMtNI,_ k 11 I-1l1.... . 32 x 1 + I ~ p ry l 4 a A i 1 V,.VIIMJV INwcrt 11u. :i +ur I THIS IS A musi 1no eol, a4wv kips, .,r tape, WI CONFIRMING ORDER kmslxr W OF OMEDI clot" a pac1Yq pps Itt1Q a0a 1 } c, , DO NOT "LICATE R04 Na Bid Na DNS 12 02 98 Paps No. 07 CITY OF DENTON TEXAS Ol11CMASMO DIVISION 1 001-0 TEXAS STREV I DENTOfI TEXAS 76201-4354 VENDOR OTE 2401349-7100 DIFW METRO 8 1 712 6 7-004 2 FU 0401340.7302 NAME/ P.O. BOX 66041 DELIVERY CONNUNITY DIVEI.OPNINT 635 AOORES9 ADOREU DALLAS TX 15392 100 V OAK 8TE 200 VILNA LANA DENTON TX 76201 VENDOR NO. OOG59'101 DELIVERY Ol101E0 12 16 98 P DISTINATIOK BUYER T8 TERIAS M, 019 1.000 EA VENDOR CAT. I N / A N10 MANS PITY 1 9100 b1395.900 61395.90 DYAL M141 DTI/PRI PACKAGE 1.000 EA VENDOR CAT, 1 N / A NIO NANE CITE 1 9100 906,090 906.09 RING OENXRATOR 021 2.000 EA VENDOR CAT. 1 N / R Nf0 MANE { CITY 1 9100 56.260 112.52 DDP TO CLOCK CABLE P 0E TOTAL 4 7141.4.51 I' o Vf l" ftilIMCTNIN6,, I 1. 1a1In4 • NCI If w"., IOIHiN phhlLl - ~ kl"k4 f rif. #^W1 toy, 4, {MMM Io1NUtNMII< ' f41 6f1IIMm M"6111 *M .Nn,N NNtl41I 1 111 M ! W Ilad Y NN Will M+ Ihll N MK*4 j 1! L.. M plea IIM~4 e r on _ . tJt N 1„1~1f , , d1i - r 5x a 32 x I 0 I I % Yun1,11A6t UHLItH NU; Y 1 b 4 Y ` THIS IS A " This rw*w mull "to on all CONFIRMING ORDER wolc~ INKY INPI, cNa, ctrlk, A. packkp dips Ind IdIS OF MAAKED) ING OR I CIO NOT OWLICATE LA) Re6 Na Bid Nix we 12 02 98 Pogo Pia 08 r. CITY OF DENTON ; ,'XA8 PJK,HA6M10 DIVISION 1201-0 TEXAL STREP f DENTON, TEXAS 16201-4354 VENDOR GTE 0401349-7100 DIFVJI*TRO4IJ+2P7-(L42 FAX 9401349-7302 NAME/ P,O. BOX 66041 DELIVI`RY COKNUNITY DE4ELOPNENT 835 ADDRESS AMISS DALLAS TX 75392 100 W OAK BTB 208 VILNA LARA DENTON TX 76201 VENDOR NO. 00059701 DEUVERY DUCTED 12 16 98 FOB DESTINATION BUYER TO TERMS 022 1.000 EA VENDOR CAT. 1 N if A NFG MANE CITE 1 9100 74.030 74.01 NETWORK TO CONTROLLER CABLE 023 1.000 EA VENDOR CAT, / N / A NFO NAME CITY / 9100 149.530 149.5.1 DOP TO XBOL CABLE • 024 1,000 SA VENDOR CAT. 1 N / A NFG NAKR 2,587,130 2,SS7.11 CITY 1 9100 • GTE INSTALLATION THE ORIGINAL LINE SHOULD BB 55,207.50 THERE EB A DISCOUNT OF 51 WHICH THE TOTAL AMOUNT P OE TOTAL I 20810.69 I INO~'W*W T rsials 1d. M.IN 1 So PyN~itM 'Ow;M lot 1 0v«a„ 1 E . Aee kw„ .~««n ,r«a•,I kwy FM4114 I 1~/ logo . A L win phN.iI/ Y _ ~ NYI N kxkiMl 8!!1k 11. M picot 114111,111, 1! E 4acR F~. . . urc ~ v r an r a x . i d 32 i D u { t • t , t, y " i PURCHASE ORDER NOS 91647 THIS IS A ,This r .T, muH .pp.r all CONHRMING ORDER Cln., i Eax.1, p.tl VJ LAS pa so Hps SI sew WM. OF MARKED) ~ .n 00 NOT DUPLICATE R94 Na @b Na D.tR 12 02 98 P.p. Na 09 CITY OF DENTON TEXAS KWHASNO DMSiO~N I DOI-@ TEXAS STREET I DENT07L TEXAS 75201-1351 VENDOR GTE 910!219-7100 o1Fw 1AETR0 @171207-0042 FAX 9401340-7302 ~ NAME/ P.O. BOX 66041 DELIVERY COMMUNITY DEVELOPMENT 813 4 ADDRESS DALLAS TX 76392 ADDRESS 100 W OAK STE 208 VILNA LARK DENTON TX 76201 VENDOR NO. 00059701 DELIVERY WED 12 16 98 FOB DESTINATION BUYER T8 TERMS , 19 12,620.38 AND WE TOOK IT OFF OF THIS LINE. 025 1.000 EA VENDOR CAT, 1 N / A MFG NAME CITY 1 9100 2, 049.120 2,049.35 ~ FREIGHT / MINOR MATERIALS 1. i P 0E TOTAL f 2,049.35 610 103 1071 4360 9300 191787,14 OR ND TOTAL I 491787.14 , 1 VENf10A W1151RItON3 3 lotoo Nil 30 "00 004-.146 spulwt 1 614 so p Iwo 11 . Utdl 111Y 1. RN7lnE NgYxftlM,. N.08 D.ftlMkn MI~Yf 1w....««w r«xu 4~.... 1. N. ./.rfl It NMI Wit WA to Mrll ..e luhl M Mk.f MM.1 ur cI of on i0ii7f r rrasnrao ~penda ne~i~, _ _ AGENDA INFORMATION SHEET AGENDA DATE: lkcember 15, 1998 C)uestionsconcerning this acquisition may be directed DF.PARTMENTi Finance - Purchasing to Max Blackburn 349.8317 ACM: Kathy DuBose, 349.8228 i SUBJECTs AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN INSURANCE cowRAC'f FOR LONG TEPM DISABILITY INSURANCE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 0225) • LONG PERM DISABILITY INSURANCE TO UNUM LIFE INSURANCE COMPANY OF AMERICA IN THE APPROXIMATE AMOUNT OF $100,000) BACKGROUND: The City has offered long term disability insurance to our employees as part of their Lencfit package since 1984 L^u currcni contract expires 111,99 with Canada Life Insurance with a current rate of S.44 per $100 of payroll per month. The contract will be awarded to Unum Life Insurance Company of America as the lowest most responsible bidder at S.28 per 5100 of payroll per month. This will save the City an estimated 54,000 per month/548,000 per year, This contract is to be effective 2!1!99. RF_C0NMI 'DA T [ON: We recommend this bid be awarded to the lowest responsible bidder, Unum Life Insurance Company of America. FISCAL 1NFOI0IATI0Nr 1998 Budget Funds for Risk Management include sufficient funds to cover this estimated $100,000 annual expenditure, account OIDO-042-024M-8066, The contract includes a two-year rate guarantee at 5,28 per $100 of pa; roll with an option to renew for an additional three years r ; • BID INFOILIIATIONt Company Nante Bid Amonat Per $100 of Payroll Unum (Packaged with Life and LAP 5,266 Unum' $ 28 Wausau $13 I American International S.19 0 American Fidelity S.40 0 Reliastar S A I Canada Life 544 DMA $.467 I •Unum submitted four )ids through various brokers with this same rate, Only one broker (Orizzafri Darby) was submitted net of commissions. l IL 32XIO l i r . AWWO I t,.,. v.9 ..'P9VH"'l.a fr. 7}✓~!.... .,W qaR i+. ,W rr'~".:dvW~E`F~l.hbYMQ~1NYrMNY4lenm~ tr r.r.,. para.... ~ I AGENDA INFORMATION SHEET DECEMBER 15, 1998 PAGE 2 OF 2 r Pcspectfully submitted: , Name: Tom Shaw, C.P,M., 349-7100 Title: Purchasing Agent Attachment N1: Tabulation Sheet 1137.AUENDA j r ray- e I, o • ,a 2 / '^{4 a , +Wo&" .,r •zH ..^N-,-.Sks;x',4` .w•~3`. !f.'L'stS?:,~L"t«c'1~!4st'JM'.«`. ~ti"wl4wnc:.m i.n.~ ~ w.w.w.., TABULATION SHEET BID 6 2200 510 NAME LONG TERM DISABILITY First Yr Second Yr DATE 17dw AI k DMA ! 0.467 NO DMA B 0.410 NO UNUM 0.210 0.260 UNUM B 0.210 0.260 RELIASTAR 0.410 0.410 FIRST MINIMAL 0.400 0.400 FIRST FUINCUL B 0.600 0.600 AM [-IF 0.290 0.210 WAUSAU 0.260 NB i i i r `I f i i ;R 3 i - - - r ~ 75 'K ❑ 32X ❑ , A O M r ORDINANCE NO. ~i AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN INSURANCE CONTRACT FOR LONG TERM DISABILITY INSURANCE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE, (BID #2250 • LONG TERM DISABILITY INSURANCE TO t1NUM LIFE INSURANCE COMPANY OF AMERICA IN THE APPROXIMATE AMOUNT OF 5100,000) WHEREAS, the City has solicited, received ana 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 of semcrs approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREB' ORDAINS; SECTION I. That the numbered items in the following numbered bids for materials, D equipment, supplies, or services, shown in the "Hid; ,oposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM 2250 ALL UNUM LIFE INSURANCE COMPANY EXHIBIT "A" SECTION H. 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, A specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION W. That should the City and persons submitting alprjved and cepted items and of the submitted bids wish to enter into a formal written agreement u a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written C ' contract is in accordance with the terms, conditions, specifications, standards, quandties and y specified sums contained In the Bid Proposal and related documents herein approved and accepted. 'tiYF~ 4 - KX~,«r Ty-, 32X III t s . . errwrr I ' i i SECTION IV. That by the acceptance and approval of the above numbered items of the t submitted bids, the City Council hereby authorizes the expenditure of fends therefor in the amount and in accordance with the approved bids or pursuant to a written contract made ptusuait 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. k JACK MILLER, MAYOR ATTEST; JFNNIFER WALTERS, CITY SECRETARY p BY; . APPROVED AS TO LEGAL FORM; HERBERT L, PROM, CITY ATTORNEY BY. 2710 SUPPLY, OKDINANCE. { ; S yi • F 2 xi o ifs t, b' 4` r it 3f 74 Q I • I r f EXHIBIT "A" TABULATION SHEET 10 0 7760 BID NAME LONG PERM DISABILITY E DATE 1T.S~ UNUM $0.760 I l 1 1 111 A j I t ~k E 1 I , y~; X e 0 .r..:,.,:,.... .yr. ,;«Sr: G.'Yb«!!'t4W4A,'a:v>9a :h«:'nrA.~ya;,r.Dr. .•,..♦K7„["1~~ A;enAa Agenda Item/h AGENDA INFORMATION SHEET Pale__l~./ , AGENDA DATE: December IS, 1998 Questions concerning this acquisition maybe directed DEPARTMENTt Finance - Purchasing to Max Blackburn 349.83 ACM: Kathy DuBose, 349-8228 S~t~fl AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN INSURANCE CONTRACT FOR LIFE INSURANCE, SUPPLEMENTAL LIFE INSURANCE, AND ACCIDENTAL DEA711 dt DISMEMBERMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 02251 • LIFE INSURANCE, SUPPLEMENTAL LIFE INSURANCE, AND ACCIDENTAL DEATH & DISMEMBERMENT TO RELIASTAR LIFE INSURANCE COMPANY IN THE APPROXIMATE AMOUNT OF S' )O,S00) J BACKGROUND: The City has offered life and accidental death dismemberment insurance to our employees as part of their benefit package since 1984. Our current contract expires 1/31199 with New York Life insurance with a current rate of S25 per $1,000 of payroll per month. The contract will be awarded to Rehastar Life Insurance Company as the lowest most responsible bidder at S.15 per $1,000 of payroll per month. T6fs will save the City an estimated $3,348 per monthl$40,176 per year, This contact is to be effective 2/1199. RErC'ONINIENDATION: We recommend this bid be awarded to the lowest responsible bidder, Rehastdr Life Insurance Cumpany, F151A1• INl' UILSIATIOYt 1998 Budget Funds for Risk Management include sufficient funds to cover this estimated $100,500 annualexpcnditure,accounl*100-040.0029-8844. the contract includes a three-year rate guarantee at 5.15 per $1,000 of payroll with an option to renew for an additional tuo years. BID L.NFOR.INIATIONs --Company Name Bid Amount Pcr 51,000 orpolvoll Relistar 5.111,02 American International S.14/35 11rudontiai S.1551.01 Unum * 5.111,04 O U.S. Healthcare $,131.04 Reliance Standard $.(81.037 Unum * S.175/.03 Canada Life S.18/.04 Humana S.I9/.04 Standard insurance S,19 1,04 $Received two bids from Unum through two different agents. l t '25 32X a t c ~ .e.ne /#n a:« r ^ ..y ~ c ,Y.r..'I~:' ti~~ ",N fl w'. NA4NIMII"me.~a•e mwromEsS~-arnn. F.c-+-, i « fI ~ s, r { ~ y AGENDA INFORMATION SHEET ~ DECEMBER 15,1998 PACE 2OF2 Respectfully submitted; Name: Tom Shaw, C.P.M., 349.7100 Title: Purchasing Agent Attachment #1: Tabulation Sheet 1 M • 1 4 j " y' ~ I t ~{JJ Q v. ~ i y Yr~ r r ' ~ Q I y~~~T~~Jj~y h I ! IrnrrrlrraraYtlY d t A. / tV _ t ' ~ J Flyp. - ^'-n- ?N`c:M'^.'9',V °A~'.rT.Fw,T a ...e Y...a r TABULATION SHEET I i BID a 2251 Em&yo* Accidental BID NAME Us Insurance, Supprsnwntal We Death 6 Dtsmemtwrmsnl LNs Insurer, Accidental Death S D'smsmbermsnt DATE 1l 6 i Monce Standard A18J.188 0.04 ; Zurich Insurance 0.28 f Rstintar 0.13 0.02 Timss Ina 0.18 0.04 Humana 0.18 Included k" ton bo"n 0.18 0.04 ~btandard 0.18 0,04 Standard (0) 0.21 0.04 AanlalUS HooM 0.18 0.04 Prudential 0.18 0.03 Mum 0.18 0.03 Canada Life A 0.18 0.03 Canada Lft S 0.118 0.03 Unum Grizzle 0.11 ON I " if II Fl 3 - - - F yyii,yy 2 I❑ 3 2x1. , ti 0 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE TRI S AND AWARDING AN INSURANCE ± CONTRACT FOR LIFE INSURANCE, SUPPLEMrl=: '.LIFE INSURANCE, AND ACCIDENTAL DEATH & DISMEMBERMENT; PROVIDING FOR'_ F ~ENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2251 - F INSURANCE, SUPPLEMENTAL LIFE INSURANCE, AND ACCIDENTAL DEATH & DISrtLMBERMENT TO RELIASTAR LIFE INSURANCE COMPANY IN THE APPROXIMATE AMOUNT OF $100,500) I WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STA'L'E law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the heron described bids are the lowest responsible bids for the materials, elu pment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached heroto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM hWMBE$ AQ- VENDOR AMOUNT 2251 ALL RELtASTAR LIFE INSURANCE COMPANY EXHIBIT "A" SECTION 11. That by the acceptance and approval of L4 above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such item and A agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified suns contained in the Bid Invitations, Bid Proposals, and related documents. SECTION JU. That should the City and persons submitting approved and accepted items r and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written O l contract is in accordance with the terms, conditions, specifications, standards, quantities and 0 specified sums contained in the Bid Proposal and related documents heroin approved and accepted. 4 T c w r e 0 r mew" _•iti: 1T ~.V PPMai Y4Mq• r _ r.n xw NNwv n.n vNrx.rNwNwreM.M1lluero«w.x.s r. •~re o......~..~ _ ~ ~ • _ , r SECTION N. That by the acceptance and approval of the above numbered iteras of the l submitted bids, the City Council hereby authorizes the expendit ce of funds therefor in tk,e amount and in accordance with the approved bids or pursuant to a %Titten contract made pursuant Thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its P ~ assa ge and approval. PASSED AND APPROVED this day of 1998. JACK MILLER, MAYOR ATTEST': , JENNIFER WALTERS, CITY SECRETARY BY: i APPROVED AS TO LEGAL FORM: HERBERT L. PROUfY, CITY ATTORNEY BY: M I SUPPLY, OKDIMANM 1 e r N f `t ~ J i i ^ e I 26)1, 101 l • ' 1 h .owsow , t , j ' 5 ' i ' r... a._r F VM' 4lnRa 44M.r w r... w w.. a uLL.. ..n a 4 ~i..r+.~ ,......u _ n ~ ~ ( 1 EXHIBIT "A" TABULATION SHEET l :11) IDS 2231 Employso Accidental NAME Lib Insurance, Supplemental Lih Death i Dienwmbemwnl Life Insurance, Accidental Death 6 Wsmembemwel DATE 1~3e Itallaster $0.120 .02 3 araMaa ' Prices are puersrttasd firm tax 3 yaws v r I I i i j I f i ~ i, g r+ i 10 0-0 01.'-'---1-- e +~%f1~8 11r•n . AGENDA INFORMATION SHEET 1 AGENDA DATE-. December 15,1998 PEPARTMENT: Planning and Development CNI/DCM/ACrl: Rick Svehla j US BJECT Consider approval of an ordinance of the City of Denton, Texas, authorizing the City Manager to execute an agreement between the City of Denton and Fairhaven, rncorporated, Retirement Center to provide for improvements to the senior housing facility at 2400 North Bell Avenue; authorizing the expenditure of funds therefor, not to exceed $23,294; and declaring an effective date, _BACKGROUND Funding for the improvements at the Fairhaven Retirement Center was included in the 1998 Action Plan for Housing and Community Development. The Action Plan was approved by City Council on May 12, 1998. Repairs to the facility can include but not be limited to the following: • renovation and con ersion of five bathrooms from traditional bathtubs with deteriorafilig file walls to be replaced with walk-in shower units and updated plumbing, • wplacemenCreactivation ofemergency call system as recommended by HUD, • repair of ramp connecting tvvo buildings to correct a tripping hazard, and • installation of a water filtration system. Additional repairs may be approved based on fund availability and project compatibility. ESTIMATEII SCHEDULE OF PROJECT 1999 Project Ycar 1 Quarter 2 Quarter 3 Quarter 4 Quarter 0 Bid bath and misccllencou5 repelr5i Complete baths and other repairs i Bid & Inslall emergency call system Did & Install water filtration system I • I 0 PRIOR AQ IONlRF,VIEW (Council, Boards, Commissions) O • F he Community Dc%clopment Advisory Committee recommended approval of the project as part of the 1998 Action Plan on February 21, 1998. ' • City Council approved the plan, including the Fairhaven repairs on May 12, 1998. Page I J~ pr~,~~r- - - - - - _ r~r w *R•R~" d~r r Z a~p~ ~ r C 3 2 • ' o 1 t Y i FISCAL INFORMATION 1998 Community Development Block Grant funds of $23,294 have been set-aside for the project. StaIF involved in monitoring the project will also be paid from 1998 CDBG funding previously allocated for staff salaries. BID INFORMATION Fairhaven will handle bidding of the various project components. MAP N/A Res tfully submitted: r/ y I j e hill Director of Planning and Development Prepared by: Barbara Ross Community Development Adminisl: ator Attachments: Ordinance, page 3 Agreement Between the City of Denton and Fairhaven, pages 4 - 24 r I J~o t 4- Page 2 r ~ =r r , r ' k,, , ID 32xIO 1, , ~ ~ .1ar Q 1Y/M lfl0. WUOi'Qfis~s:FIwY.uY ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND FAIRHAVEN, INCORPORATED, RETIREMENT CENTER TO PROVIDE FOR IMPROVEMENTS TO THE SENIOR HOUSING FACILITY AT 2400 NORTH BELL AVENUE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR NOT TO EXCEED $23,294; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1 SECTION 1. That the City Manager is hereby authorized to execute the attached agreement with Fairhaven, Inc., R_tirement Center to provide for improvements to the senior housing facility noted therein. - SECTION IL That the City Council hereby authorizes the expenditure of funds in the manner and amount as specified in the agreement, not to exceed 523,294. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1998. t, JACK MILLER, MAYOR 1 i ' ATTEST: JENNIFER WALTERS, CITY SECRETARY • t i By: N 1 • APPROVED AS TO LEGAL FORM: • • HLRBERT L. PROUTY, CI`:Y ATTTTRNEY i Page 3 1 + ,~r 1~~1r*,. r -K o , o 3 AGREEMENT BETWEEN THE CITY OF DENTON AND FAIRHAVEN, INCORPORATED, RETIREMENT CENTER This Agreement is made and entered into by Tnd between the City of Denton, Texas, a municipal corporation, acting by and through its City Manager, pursuant to ordinance, hereinafter referred to as CITY, and Fairhaven, Incorporated, Retirement Center, 2400 N. Bell Avenue, Denton, Texas, 76201, a non-for-profit corporation, hereinafter referred to as CONTRACTOR. WHEREAS, CITY has received certain funds from the U.S. Department of Housing and Urban Development under Title I of the Housing and Community Development Act of 1974, as amended; and WHEREAS, CITY has adopted a budget for such funds and included therein an authorized budget for expenditure of funds for improvements to the senior housing facility at 2400 N Bell Aveune, WHEREAS, CITY has designated the Community Development Division of the Planning and Development Department as the division responsible for the administration of this Agreement and all matters pertaining thereto; and WHEREAS, CITY wishes to engage CONTRACTOR to carry out such project; D NOW, THEREFORE, the parties hereto agree, and by the execution hereof are bound to the mutual obligations and to the performance and accomplishment of the conditions hereinafter described. L TERM This agreement shall commence on or as of October 1, 1998, and shall terminate on Derember 31, 2008, unless adjts,ed by CITY. Request for such an adjustment must be in writing and is to be submitted to the City's Community Development Division, 100 W. Oak, Suite 208, Denton, Texas, 76201. 11, RESPONSIBILITIES CONTRACTOR hereby accepts responsibility for ensuring the proper completion of all construction and repair activities description ir, +hc Description of Improvements attached hereto as Attachment "A", in a satisiactory and efficient manner as determined by CITY, in acco,dance with the terms herein. f CITY will consider CONTRACTOR's executive director to be the CONTRACTOR's C representative responsible for the management ~,f all contractual matters pertaining hereto, unless written notification to the contrary is received from CONTRACTOR, on,' appro%ed by CITY. CITY's Community development Administrator will be the Ci IY's representative responsible for the adminis.ration of this Agreement. Page 4 x ra;.y • 0 III. CITY'S OBLIGATION A. Limit of Liability. CITY will reimburse CONTRACTOR for expenses incurred pursuant and in accordance with the description of improvements attached hereto as Attachment "A" and incorporated herein by reference. Notwithstanding any other provision of the Agreement, the total of all payments and other obligations mad: or incurred by CITY hereunder shall not exceed the sum of S23,294. 8. Measure of Liability. In consideration of full and satisfactory services and activities hereunder by CONTRACTOR, CITY shall prepare agreements with the general contractor and issue checks to the general contractor in accordance with an accepted schedule for performance payments, subject to the limitations and provisions set forth in this Section and Section VII of this Agreement. (1) The parties expressly understand and agree that CITY's obligations fff J under this Section are contingent upon the actual receipt of adequate Community Development Block Grapt (CDBG) funds to meet CITY's liabilities under this t li Agreement. If adequate funds are not available to make payments tender this Agreement, CITY shall notify CONTRACTOR in writing within a reasonable time after such fact has been determined. CITY may, at its option, either reduce the amount of its liability, as specified in Subsection A of this Section or terminate the Agreement. If CDBG funds eligible for use for purposes of this k Agreement are reduced, CITY shall not be liable for further payments under this Agreement. (2) It is expressly understood that this Agreement in no way obligates the j General Fund or any other monies or credits of the City of Denton. h (3) CITY shall not be liable for any cost or portion thereof which; (a) has been paid, reimbursed or is subject to payment or reimbursement, from any other source; (b) was incu,7ed prior to the beginning date, or after the ending ' date specified in Section 1; (e ) is not in strict accordance with .he terms of this Agreement, including all exhibits attached hereto; i (d) is not an allowable cost as defined by Section Xl of this Agreement or the project budget. ' 0 (4) CITY shall not be liable for any COIL or portion thereof which is O incurred with respect to any activity of CONTRACTOR requiring prior wtitte,e authorization from CITY, or after CITY has requested that CONTRACTOR furnish data concerning such action prior 10 pro,:eeding further, unless and until 1 CITY advises CONTRACTOR to proceed. Page 5 32 X i O I I (5) CITY shall not be obligated or liable under this Agreement to any I party other than the general construction contractor who was the lowest reasonable bidder and agreed upon by both the CITY and CONTRACTOR for payment of any monies or provision of any goods or services. I A. CITY shall provide funds in an amount not to -xceed 823,294 to assist i CONTRACTOR in the improvements to the facility located at 2400 N Bell Avenue, Denton, Texas. B. CONTRACTOR agrees to hold and save harmless CITY from any and all loss, cost, or damage of every kind, nature or description arising under this Agreement or from any source whatsoever. C. CITY shall comply with the HUD Office of Management and Budget Circular I A-87. CITY shall be responsible for performing the environmental review and I ' monitoring the project for compliance with federal wage and labor requirements. j IV COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS A. CONTRACTOR understands that funds provided to it pursuant to this Agreement are funds which have been made available to CITY by the Federal p Goveinment (U.S. Department of Housing and Urban Development) under the Housing and Community Development Act of 1974, as amended, in accordance with an approved Grant Application and specific assurances. Accordingly, CONTRACTOR assures and certifies that it will comply with the requirements of the Housing and Community Development Act of 1974 (P.L. 93-383) as amended and with regulations promulgeted I thereunder, and codified at 24 CFR 570. The foregoing is in no way meant to constitute a complete compilation of all duties imposed upon CONTRACTOR by law or administrative ruling, or to narrow the standa,ds which CONTRACTOR muct follow. CONTRACTOR furth-r agrees and certifies that if the regulations promulgated pursuant to the Act are amended or revised, it shall comply with them, or notify CITY, as provided in Section XXIV e,f this Agreement. CONTRACTOR agrees to abide by the conditions of and comply with the 0 rcquircrrrents orthe Office cf Management and Budget Circulars Nos. A-110 and A-122. B. CONTRACTOR shall comply with all applicable federal laws, laws of the State of Texas and ordinances of the City of Denton. As a recipient of public funds, CONTRACTOR agrees to abide by the requirements of the Texas Public Information Act i in handling requests by members of t'le public for information. As a further consequence 0 of its receipt of publ.c funds, CONTRACTOR agrees that all purchases of tnaterials, supplies, and other goods pursuant to thi t Agreement shall comply with the provisions of O 0 Chapter 252 of the Texas Local Govemment Code, and CITY agrees to cooperate with CONTRACTOR in facilitating such purchases, i Page 6 ~ Y 1 S ~ , 32 x Me" ' o • V. i REPRESENTATIONS A. CONTRACTOR assures and guarantees that it possesses the legal authority, pursuant to any proper, appropriate and official motion, resolution or action passed or taken, to enter into this Agreement. B. The person or persons signing and executing this Agreement on behalf of CONTRACTOR, do hereby warrant and guarantee that he, she, or they ha. ,,.en fully authorized by CONTRACTOR to execute this Agreement on behalf of C INtRACTOR I and to validly and legally bind CONTRACTOR to all terms, performances and provisions herein set forth. C. CITY shall have the right, at its option, to either temporarily suspend or permanently terminate this Agreement if there is a dispute as to the legal authority of either CONTRACTOR or the person signing the Agreement to enter into this Agreement. 1 CONTRACTOR is liable to CITY for any money it has received from CITY for performance of the provisions of this Agreement if CITY has suspended or terminated l this Agreement for the reasons enumerated in this Section. D. CONTRACTOR agrees that the funds and resources provided CONTRACTOR under the terms of this Agreement will in no way be substituted for funds and resources from other sources, nor in any way serve reduce the resources, a services, or other benefits which would have been available to, or provided through, CONTRACTOR had this Agreement not been executed. E. CONTRACTOR warrants that it is the !egal owner of the property described j in Article Il and CONTRACTOR agrees to allow CITY access to this site for inspection I purposes. CONTRACTOR further agrees to allow Cl rY to bid and execute agreements with the general contractor for the repairs to the Fairhaven Retirement Center facility. { F. CONTRACTOR shall continue to utilize the facility at 2400 N Bell Avenue, Denton, Texas for a minimum of ten years after improvements are completed to provide affordable ho ising for low and moderate income elderly households. G. C11Y is the only agent authorized to designate changes or additions to the work to be per;ormed. Any additions or changes to the work authorized by CITY can only be done in writing with the signature of CITY's City Manager, Mayor, or Commun`4 Development Administrator, plus those of CONTRACTOR and its represen.atives. VI, WARRANTIES • CONTRACTOR. represents and warrants that: A. All informatiun, reports and data heretofore or hereafter requested by CITY 1 and furnished to CITY, are complete and accurate as of the date shown on the i I Page 7 I ' i 'lell'1[~!1 0 , M~MRi1 i i information, data, or report, and, since that date, have not undergone any significant I change without written notice to CITY. 8. Any supporting financial statements heretofore requested by CITY and fumished to CITY, are complete, accurate and fairly reflect the financial condition of CONTRACTOR on the date shown on said report, and the results of the operation for the period covered by the report, and that since said date, there has been no material change, adverse or otherwise, in the financial condition of CONTRACTOR. C. No litigation or legal proceedings are presently pending or threatened against CONTRACTOR. I I D. None of the provisions herein contravenes or is in conflict with the authority under which CONTRACTOR is doing business or with the provisions of any existing inde %ure or agreement of CONTRACTOR. CONTRACTOR has the power to enter into this Agrcemen: and accept payments hereunder, and has taken all necessary action to autl;orize such npceptance under the terms and conditions of this Agreement. ^a F. None of the assets of CONTRACTOR is subject to any lien or encsmbrarc any character, except for current taxes not delinquent, except as shown in the financial If statements furnished by CONTRACTOR to CITY. j Each of these representations and warranties shall be continuing and shall be deemed to have been repeated by the approval of each request for payment from the general construction contractor. VII. COVENANTS A. During the period of time that payment maybe made hereunder and so long as any payments remain unllluidated, CONTRACTOR shall not, without the prior written i consent of the Community Development Administrator or her authorized representative: (1) Mortgage, pledge, or otherwise encumber or suffer to be encumbered, any of the assets of CONTRACTOR now owned or hereafter acquired by it, or permit any pre-existing mortgages, liens, or other encumbrances to remain on, or attached to, any assets of CONTRACTOR which are allocated to the performance of this Agreement and with respect to which CITY has owncrehip hereunder. (2) Sell, assign, pledge, transfer or otherwise dispose of accounts receivables, notes or claims for money due or to become due. A (3) Sell, convey, or lease all or substantial part of its rssets. 0 (4) Make any advance or loan to, or incur any liability for any ether firm, Q ~ person, entity or corporation as guarantur, surety, or accommodation endorser. 1 I Page g I r t .W 0 RRL1`P~ I i (5) Sell, donate, loan or transfer any equipment or item of perso ial property purchased w;ih funds paid to CONTRACTOR by CITY, unless CITY authorizes such transfer. B, Should CONTRACTOR use funds received under this Agreement to acquire or i^ prove real property under CONTRACTOR's control, CONTRACTOR agrees and covenants: (1) That the property shall be used to meet one of the national objectives stated in 24 CFR 571 until September 30, 2008. (2) That should CONTRACTOR transfer or otherwis: dispose of said property on or before September 30, 2008, CONTRACTOR shall reimburse CITY in the amount of the fair market value of this property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. C. CONTRACTOR agrees, upon w,itten request by CITY, to require its employees to attend training sessions sponsored by the Community Development Office. VIII. PROGRAM INCOME A. For purposes of this Agreement, program income means earnings of CONTRACTOR realized from rctivities resulting from thi; Agreement or from CONTRACTOR's management of funding provided or received hereunder. Such I earnings include, but are not limited to, income from interest, usage or rental or lease fees, income produced fr,,m contract-supported services of individuals or employees or from the use or sale of equipment or facilities of CONTRACTOR provided as a result of this Agreement, and payments from clients or third parties for services tendered by CONTRACTOR under this Agreement. B. CONTRACTOR shall maintain records of the receipt and disposition of program income in the same manner as required for other contract funds, and reported to CITY in the format prescribed by CITY. CITY and CONTRACTOR agree, based upon advice received Crum representatives of the U.S. Department of Housing and Urban Development (IIUD), that any fees collected for services performed by CONTRACTOR, shall be spent only for service provision. These fees or other program income will oe deducted from the regu:er reimbursement request. C. CONTRACTOR shall include this Section in its entirety in all of its sub. contracts which involve otier income-produckg services or activities. O D. It is CONTRAC'TOR's responsibility to obtein from CITY a priot 0 determination as to ah:ther or not income Arising directly or indirectly from this Agreement, or the performance thereof, co.~stiturtes program income. CONTRACTOR is responsible to Cl iY for the repayment of any and all amounts determined by CITY to be program income, unless ot'. -rwise approved in writing by CITY. Page 9 oil P% t. 31 XI MI Y~r 1 O 0 M lid w I IX. MAINTENANCE OF RECORDS A. CONTRACTOR agrees to maintain records that will provide accurate, , current, separate, and complete disclosure of the status of the funds rec: ~ td under this Agreement and with any other applicable Federal and State regulations establishing standards for financial management. CONTRACTORrs record system shall contain sufficient documentation to provide in detail full support and t„ rifcation for each expenditure. Nothing in this Section shall be construed to relieve CONTRACTOR of fiscal accountability and liability under any other provision of this Agreement or any applicable law. CONTRACTOR snail include the substance of this provision in all subcontracts, 8. CONTRACTOR igrees to retain all books, records, documents, reports, and written accounting policies and procedures pertaining to the operation of programs and expenditures of funds under this Agreement for the period of time and under the conditions specified by CITY. C. Nothing in the above subsections shall be construed to relieve CONTRACTOR of responsibility for retaining accurate and current records which clearly reflect the level and benefu of services provided under this Agreement. D. At any reasonable time and as often as CITY may deem necessary, CONTRACTOR shall make available to CITY, or any of its authorized representatives, all of its records, and shall permit CITY, or any of its authorized representatives to audit, examine, make excerpts and copies of such .=rds, and to conduct audits of all contracts, invoices, materials, payrolls, records of persunnel, tonditinns or employment and all other data relating to the program requested by said representatives. X. REPORTS AND INFORMATION At such times and in such form as CITY may require, CONTRACTOR shall furnish such statemen.s, records, data and information as CITY may request and deem pertinent to matters covered by this Agreement. CONTRACTOR shall submit quarterly beneficiary aid financial reports to CITY no less :!pan once each three months. The bennGciary report shall detail client information, including race, income. female head of household and other statistics required by CITY. The financial report shall include information and data relative to all programmatic and financial reporting as of the beginning date specified in Section 1 of this Agreement. Unless a written exemption hr s been granted by the CITY, CONTRACTOR shall submit an audit con&ir ted by independent examiners to CITY within ten (10) d:tyw after receipt of such. Page 10 r w ~,t 1.1 32x ~ fi a, 0 ,row. r N. MONITORING AND EVALUATION A. CITY may perform on-site monitoring of CONTRACTOR's performances under this Agreement. 8. CONTRACTOR agrees that CITY may carry out monitoring and evaluation activities to verify adherence by CONTRACTOR to the Work Statement attached hereto i as Attachment "A", as well as other provisions of this Agreement. E C. CONTRACTOR agrees to cooperate fully with CITY in the development, implementation and maintenance of record-keeping systems and to provide data determined by CITY to be necessary for CITY to effectively fulfil' its monitoring and evaluation efforts. D. CONTRACTOR agrees to cooperate in such a way so as not to obstruct or delay CITY in such monitoring and to designate one of its staff to coordinate the r, 3nitoring process as requested by CITY staff. E. After each official monitoring visit, CII Y shall provide CONTRACTOR with a written report of monitoring findings, F. CONTRACTOR shall submit copies of any fiscal, management, or audit ` reports by any of CONI RACTOR's funding or regulatory bodies to CITY within five (S) working days of receipt by CONTRACTOR. XII. DIRECTORS' MEETINGS During the terms of this Agreement, CONTRACTOR shall cause to be delivered to CITY copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to CITY in a timely manner to give adequate notice, and shall include an agenda and a brief description of the matters to be discussed. CONTRACTOR understands and agrees that CITY representatives shall be afforded access to all of the Board of Directors' meetings. Minutes of all meetings of CONTRACTOR's governing body shall be available to CITY within ten (10) working days of approval. XII1. INSURANCE A. CON TRACTOR shall observe sound business practices will-, respect to p,oviding such bonding and insurance as would orovide adequate coverage for services Q J~4 o; fered under this A Ireement. B. The premises on and in which the activities described in Attachrent "A" are i conducted, and the employees conducting these activiNe`, shall be covered iiy premises i "age 11 a~ M ~~KIre 32X 1 0 1 "NEM1~ 1 liability insurance, commonly referred to as "Owner/Tenant" coverage, with CITY named as an additional insured. Upon request of CONTRACTOR, CITY may, at its sole discretion, approve alternate insurance coverage arrangements. C. CONTRACTOR will comply with applicable workers' compensation statutes and will obtain employers' liability coverage where available and other appropriate liability coverage for program participants, if applicable. D. CONTRACTOR will ma;ntain adequate and continuous liability insurance on all vehicles owned, leased or operated by CONTRACTOR. All employees of CONTRACTOR who are required to drive a vehicle in the normal scope and course of their employment must possess a valid Texas drivels license and automobile liability insurance. Evidence of the employee's current possession of a valid license and insurance must be maintained on a current basis in CONTRACTOR's files. E. Actual losses not covered by insurance as required by this Section are not allowable costs under this Agreement, and remain the sole responsibility of l) CONTRACTOR. F. The policy or policies of insurance shall contain a clause which requires that CITY and CONTRACTOR be notified in writing of ny cancellation of change in the policy at least thirty (30) days prior to such change or cancellation, d XIV. EQUAL OPPORTUNITY A. CONTRACTOR shall submit for CITY's approval. a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, i within thirty (30) days of the effective date of this Agreement. 8. CONTRACTOR shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. C. CONTRACTOR will furnish all information and reports requested by the CITY, and will permit access to its books, records, and accounts for putposes of investigation to ascertain compliance with local, stag and Federal rules and regulations. • D. In the event of CONTRACTOR's non-complia with the non-discrimination requirements, CITY may cancel or terminate the Agreement in whole or in pact, and CONTRACTOR miy be barred from further contracts with CITY. XV. PERSONNEL POLICIES • 0 • Pcrsrnncl policies shall be established by CONTRACTOR and Shall be available for examination. Such personnel policies shall I Page 12 OR 2"), 10 3 2 A] O 1 I' A. Be no more liberal than CITY's personnel policies, procedures, and practices, including policies with respect to employment, salary and wage tatcn, working hours and holidays, fringe benefits, vacation and sick leave privileges, and travel; and B. Be in writing and shall be approved by the governing body of CONTRACTOR and by CITY. XVI. CONFLICT OF INTEREST A. CONTRACTOR covenants that neither it nor any r:nembet of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. CONTRACTOR further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. CONTRACTOR further covenants that no member of its governing body or its staff, subcontractors or employees shall oossess any interest in or use his position for a purpose that is or gives tie appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. C. No officer, member, or employee of CITY end no member of its governing body who exercises any function or responsibilities in the review or approval of the P undertaking or carrying out of this Agreement shall (1) participate in any decision relating to the Agreement which affects his or her personal interest or the interest in any corporation, partnership, or association in which he or she has direct or indirect interest; or (2) have any interest, direct or indirect, in this Agreement or the praeads thereof, XVII. NEPOTISM CONTRACTOR shall not employ in any paid capacity any person who is a member of the irunediate family of any person who is currently employed by CONTRACTOR, or is a member of CONTRACTOR's governing board. The term "member of immediate family" includes: wife, husband, son, daughter, mother, father, ' brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brower • and half-sister. XVIII. POLITICAL OR SECTARIAN ACTIVITY A. None of the performance rendered hereunder shall involve, and no portion of th^ funds received by CONTRACTOR hereunder shell be used, either directly or j indirectly, for any political activity (including, but not limited to, an activity to further the O election or defeat of any candidate for public office) or any activity undertaken to ' influence the passage, defeat or final content of legislation. Page 13 32 10 0 I I I i B. None of the performance ren, ed hereunder shall involve, and no portion of the funds received by CONTRACTOR hereunder shall be used for or applied directly or indirectly to the construction, operation, maintenance or administration, or be utilized so as to benefit in any manner any sectarian or religious facility or activity. , XIX. PUBLICITY A. Where such action is appropriate, CONMACTOR shall publicize the activities conducted by CONTRACTOR under this Agreement. In any news release, sign, brochure, or other advertising medium, disseminating information prepared or distnbuted by or for CONTRACTOR, the advertising medium shall state that the U.S. Department of Housing and Urban Development's Community Development Block Grant Program funding through the City of Denton has made the project possible. B. Ail published material and written reports submitted under this project must be originally developed material, unless otherwise specifically provided in this Agreement. When material not originally developed is included in a report, the report shall identify the source in the body of the report or by footnote. This provision is applicable when the material is in a verbatim or extensive paraphrase format. All published material submitted under this project shall include the following reference on the front cover or title page This document is prepared in accordance with the City of Denton's Community Development Block Grant Program, with funding received from the United States Department of Housiro and Urban Development. C. All reports, documents, studies, charts, schedules, or other appended documentation 'o any proposal, content of basic proposal, or contracts and any responses, inquiries, correbpondence and related material submitted by CONTRACTOR shall become the property of CITY upon receipt. XX, FUNDING APPI ICATIONS . CONTRACTOR agrees to notify CITY each time CONTRACTOR is preparing or submitting any application for funding in accordance with,he following procedures: A. When the application is in the planning stages, CONTRACTOR shall submit to CITY a description of the funds being applied for, and the proposed use of funds. 3. Upon award, ur notice of m ard, whichever is sooner, CONTRACTOR shall noufy CITY of such award and the effect, if any, of such funding on the funds and ~ program(s) contracted l-Grounder. Such notice shall be submitted to CITY, in writing, within ten (10) working days of receipt of the notice of award or funding award by CONTRACTOR, together with copies of the budget, program description, and Agreement. Page 14 ~ar; IEl 32XIO 1 1 O M l C. CONTRACTOR shall not use funds provided hereunder, whether directly or indirectly, as a contribution, or to prepare applications to obtain any federal or private funds under any federal or private program without the prior written consent of CITY. XXI• CHANGES AND ANIENDNIENTS A. Any alterations, additions, or deletions to the terms of this Agreement shall be by written amendment executed by both parties, except when the terms of this Agreement expressly provide that another method shall be used. B. CONTRACTOR shall request, in writing, budget revisions in a form prescribed by CITY, and such requests for revision shall not increase the total monetary obligation of CITY under this Agreement. In addition, budget revisions shall not significantly change the nature, intent, or scope of the program funded tinder this Agreement. C. CONTRACTOR will submit revised budget and program information, whenever the level t, :.uding for CONTRACTOR or the program(s) described herein is altered according to the total levels contained in any portion of this agreement. D. it is understood and agreed by the parties hereto that changes in the State, Federal or local laws or regulations pursuant hereto may occur during the term of this d Agreement. Any such modifications are to be automatically incorporated into this Agreement without written amendment hereto, and shall become a part of the Agreement on the effective date specified by the law or reguiatic.n E, CONTRACTOR shall notify CITY of any changes in personnel or governing j board composition. I F. It is expressly understood that neither the performance of Attachment "A" for any program not contracted hereunder, not the transfer of funds between or among said programs, will be permitted. ' XXII. SUSPENSION OF FUNDING d Upon determination by CITY of CONTRACTOR's failure to timely and properly perform each of the requirements, time conditions and duties provided herein, CITY, without limiting any rights it may whtnvise have, may, at its discretion, and upon ten (10) working days written notice to CONTRACTOR, withhold ;urther payments to CONTRACTOR, Such notice may be given by mail to the Executive Offieer and the it Beard of Director t of CONTRACTOR. The notice shall set forth the defau't or failure alleged. and the action required for cure. The period of such : aspension shall be of such O du-ation as is appropriate to accomplish corrective action, but in no event shall 1. exceed ~h✓ thirty (30) calendar days. At the end of the suspension period, if CITY determines the t default or deficiency has been satisfied, CONTRACTOR may be restored to full compliance status and paid all eligible funds withheld or impounded during the page 15 i V w•_:' I r rte, fig r 5 I uj 32 x ~i • 0 suspension period. If however, CITY determines that CONTRACTOR has not come into compliance, the provisions of SECTION XXIII may be effectuated. XXII1. , TERMINATION A. CITY may terminate this Agreement for cause under any of the following reasons or for other reasons not specifically enumerated in this paragraph: (1) CONTRACTOR's fail%:c to attain compliance during cny prescribed period of suspension as provided in Section XXII. 12) CONTRACTOR's violation of covenants, agreements or guarantees of this Agreement. (3) Termination or reduction of funding by the United States Department of Housing and Urban Development. (d) Finding by CITY that CONTRACTOR: (a) is in such uosatisfactory financial condition as to endanger performance under this Agreement; (b) has allocated inventory to this Agreement substantially excer ling reasonable requirements; i (c ) is delinquent in payment of taxes, or of costs of performance of this Agreement in the ordinary course of business. (S) Appointment of a trustee, receiver or liquidator for all or substantial part of CONTRACTOR's property, or institution of bankruptcy, reorganization, rearrangement of or liquidation proceedings by or against CONTRACTOR. (6) CONTRACTOR's inability to conform to changes required by Federal, State and local laws or regulations es provided in Section IV, and Section XXI (D), of this Agreement p (7) The commission of an act of bankruptcy. (8) CONTRACTOR's violation of any law or regulation to which CONTRACTOR i• bound or shall be bound under the terms of the Agreement. CIT i shall promptly notify CONTRACTOR in wetting o" the decision to terminate And the effective date of termination. "imultaneous notice of pending termination may be made to other funding source specified. • B. CITY may terminate this Agreement for convenience at any time. If this Agreement is terminated by CITY for convenience, CONTRACTOR will be paid an Page 16 _ i yl t~ ? 5 K C~ 3 2 X! Cl O r~ca amount not to exceed the total of accrued expenditures as of the effective date of termination. In no event will this compensation exceed an amount which bears the same ratio to the total compensation as tht services actually performed bears to the total services of CONTRACTOR covered by the Agreement, less payments previously made. C. CONTRACTOR may terminate this Agreement in whole or in part by written notice to CITY, if a termination of outside funding occurs upon which CONTRACTOR depends for performance hereunder. CONTRACTOR may rpt, within the limitations of this Agreement, to seek an alternative funding source, with the approval of CITY, provided the termination by the outside funding source was act occasioned by a breach of contract as defm:d herein or as defined in a contract between CONTRACTOR and the funding source in question CONTRACTOR may terminate this Agreement upon the dissolution of CONTRACTOR's organization, not occasioned by a breach of this Agreement. D. Upon receipt of notice to terminate, CONTRACTOR shall cancel, withdraw or otherwise terminate any outstanding orders or subcontracts which relate to the performance of his Agreement. CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors for any expenses, encumbrances or obligations, whatsoever, incurred after the termination date listed on the notice to terminate referred to in this paragraph. D E. Notwithstanding tay exercise by CITY of its right of suspension or termination, CONTRACTO . shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of the Agreement by CONTRACTOR, and CITY may withhold any reimbursement to CONTRACTOR until such time as the exact amount of damages due to CITY from CONTRACTOP is agreed upon or otherwise determined. I XXI V, NOTIFICATION OF ACTION BROUGHT In the event that any claim, demand, suit or other action is made or brought by any person(s), fine corporation or other entity against CONTRACTOR, CONTRACTOR shall give written notice thereof to CITY within twe (2) working days after being notified A of such claim, demand, suit or other action Such notice shall state the date and hour of noti fication of any such claim, demand, suit or other action; the names and addresses of the person(s), firm, corporation or other entity making such claim, or that instituted or I threatened to institute any type of action or proceeding; the basis of such claim, action or proceeding; and the name of any person(s) against whom such claim is being made or threatened. Such written notice sh211 be delivered zither personally or by mail. XXV. 0 • INDEMNIFICATION It s expressly underrtood and agreed by both parties hereto that CITY is contractinLi filth CONTRACTOR as on Independent contractor, and that as such, P gc I I 32 x 0 CONTRACTOR shall save and hold CI'T'Y, its officers, agents and employees harmless from all liability of any nature or kind, including costs and expenses for, or on account of, any claim-t, audit exceptiony demands, suits or damages of any character whatsoever, resuWng In whole ar In part from the performance or , omission of any employee, agent, or representative of CONTRACTOR B. CONTRACTOR agrees to provide the defense for, and to Indemnify and hold ha, mless CITY its agents, employees, or contractors from any and all claims, suits, sasses of action, demauds, damages, losses, attorney fees, expenses, and liability arising out of the use of these contracted `ands and program administration and implementation, except to the extent caused by the willful act or omission of CITY, Its agents, employees, or contractors, XXVL MISCELLANEOUS A. CON'i RACTOR shill not transfer, pledge or otherwise assign this Agreement, J or any interest therein, or any claim arising thereunder, to any party or parties, bank, trust company or other financial institution without the prior written approval of CITY, B, If any provision of this Agreement is held to be invalid, illegal, or unenforcer~le, the remaining provisions shall s:main in full force and effe:t and continue to conform to the original intent of both parties hereto. p C. In no event shall any payment to CONTRACTOR he.-eunder, or any other act or failure of CITY to insist in any one or snore instances upon the terms and conditions of this Agreement constitute or be construed in any way to be a waiver by CITY of any breach of covenant or default which may then or subsequently be committed by CONTRACTOR. Neither shall such payment, act, or omission in any manner impair or prejudice any right, power, privilege, or remedy available to CITY to enforce its rights hereunder, which rights, powers, privileges, or remedies are always specifically preserved. No representative or agent of CITY may waive the effect of this provision. D. This Agreement, together with -cferenced exhibits and attachments, constitutes the entire agreement betwe.a the parties hereto, and any prior agreement, assertion, statement, understanding or otier commitment antecedent to this Agreement, whether written or oral, shall have no force or effect whatsoever; nor rhall an agreement, assertion, statement, underoanding, or other commitment occurring during the b;rm of this Agreement, or subsequent thereto, have any legal force or effect whatsoever, snless properly exccutcri in writing, and if appropriate, recorded as an amendment of this Agreement • E. In the event a.ay disagreemer t or dispute should arise between the parties hereto pertaining to th a interpretation or meaning of any part of this Agreement ce its Q s goveming rules, codes, laws, ordinances or regulations, CITY, as the party ui',imately karr responsible to HUD for matters of compliance, will have the final authority to rtnder or to secure an interpretation. Page 18 32), Q 01 F. For purposes of this Agreement, all official communications and notices among the parties shall be deemed made if s!nt postage paid to the parties and address set forth below: TO CITY: TO CONTRACTOR: City Manager Director f City of Denton. Fairhaven Incorporated 4 215 E. McKinney St. 2400 N Bell Avenue Denton, Texas 76201 Denton, Texas 16201 0. This Agreement shall be interpreted In accordance with the laws of the State of Texas and venue of any litigation concerning this Agreement shall be in a court competent jurisiiction sitting in Denton County, Texas. IN WITNESS OF WHICH this Agreement has been executed on this the day of 1998. CITY OF DENTCN BY: - - MICHAEL W. JE2 CITY MANAGER ATTEST: JENNIFER WALTcRS, CITY SECRETARY BY: APPROVED AS TO L ORM! HERBERT L, PROUTY, CITY TTORNEY R^ FAIRHAVEN, INC. BY 62 w 'r EXECUTIVE DIRECTOR ~ AT7 EST: ~ e s BOARD SECRETARY 4 d' Page 19 245 K 10 - s loom" i. 4• 1 C ATTACHMENT "A" DESCRIPTION OF IMPROVEMENTS it Repairs to the facility at 2400 N Bell Avenue can include but will not be hrri'led to the following: • renovation and conversion of five bathrooms bm. traditional bathtubs with detmoratins tile walls to be replaced with walk-in shower tudts and updated pbambing, • replacement of emergency call system to reactivate as recommended by HUD, i • correct tripping hazard in ramp area connecting two buildings, • replace front door to facility, and • install awater filtration system. Total Project Budget $23,291 WORK STATEMENT Fairhaven, Incorporated, Retirement Center Services Fairhaven, Inc., Retirement Center is a nonprofit retirement fdcility for low and moderate income elderly persons. The Center has nine units with rental subsidies from the U.S. Department of Housing and Urban Development (HUD). Two rental subsidies are provided through the Fairhaven Fcund.dion, Elderly residents are provided with meals tnd homemaker services are available. I i t ~ t a { o is Page 20 wti~~ x 7., a 32X '41 1 10 3 Q Q i ATTAM ENT "B" 24 CFR § 570.505 Th. standards described in this section apply to real property within the recipient's ` contra! which was acquired or improved in whole or in pan; using CDBG funds in excess of $25,000. These standards shell apply from the date LDEG funds are fast spent for the property until five years after closeout of an entitlement recipient's participation in the entitlement CDBG program or, with respect to other recipients, until five years after the closeout of the grant from whi-h the a6srstance to the property was provided. (a) A recipient may cot change the use or planned use of any such property (including the benefiiciarics of such use) from that for which the acquisition or improvement was made .nless the recipient provides affected citizens with re'mnable notice of, and opportunity to comment on, any proposed change, and either: " (1) The new t,ae of such property qualifies as meeting one of the national objectives in Section 570.209 and is not a building for the general conduct of government; or (2) The requirements in paragraph (b) of this section arc met (b) If the recipient determines after consultation with affected citizens, Lhat it is appropriate to change the use of the property to a use wbrch does not qualify under paragrrph (a)(1) of this section, it may retain or dispose of the property for the changed use if the recipient's CDBG program is reimbursed in the amount of the current fair market value of the property, l^.ss any portion ofth,, value attributable to expenditures of non-CDBG funds for acquisition of, and improvements to, the property' (c) If the change of t1se occurs after closeout, the pi ovisions governing income from the disposition of the real property in Section 570,504(b) (4) or (5), as applicable, shat] apply to the uce of fund, reimbursed. (d) Following the reimburses ent of the CDBG program in accordance with paragraph (b) of this action, the property no longer will be subject to any CDBG requirements. l!• I 1 % Page 21 , Al ..„1"° ,i tip, < 5rt<^~ [ '-r32dD., , ' o ATTACHMENT "C" 24 CFR § 570.503 i (a) Before disbursing any CDBG funds to a subrecipient, the recipient shall sign a written agreement with the subrecipient. The agreement shat' remain in effect during any period that the subrecipient has control over CDBG funds, including pro- gram income, (b) At a minimum, the written agreement with the subrecipient shall include provisions concerning tht following items: (1) S,..,rment of Work. The agreement shall include a description of the work to be performed, a schedule for completing the work, and a budget. These items shall be in sufficient detail to provide a sound basis for the recipient effectively to monitor performance underthe:,7eamtnt. (2) Records and Renfrts, The recipient shell s•,ecify in the agreement the particular records the subrecipient must maintain and the particular reports the subrccipient must submit in order to assist the recipient in meeting its recordkeeping and rporting requirements. (3) Pro m Income, The agre,;mcnt shall include the program income requirements set forth in Section 510.504(c). (4) niform Administrative Requirements. the agreement shall require the subrecipient to comply with applicable uniform administrative requirements, as described t1 Section 570.502. (5) Other Program Requirements. The agreement shall require the subrecipient to carry out each activity in compliance with all Federal laws and regulations described in subpart K of these regulations, except that: (i) The subrecipient does not assume the t.,ipient's environmental reaponsibitities described at Section 570.604; and (ii) The subrccipient does not assume the recipient's responsibility for 0 initiating the review process larder the provisions of 24 CFR Part 52. (6) Conditions for Religious Organizations. Where applicable, the conditions prescribed by HUB for the use of CDBG funds by religious organization shall be included in the agreement ! O ! (7) Susoensicr,, and Temtination. Lie agreement shall specify that, i-, accordance with 24 CFR 85.43, suspension or termination may occur if the subrecipient materially fails to comply with any term of the award, Page 22 i ~ a t~ T ( f:' r • n r 'y n'..If •i 1t I L.AfT:VV'°.'ulr Y4I~ri. W~XSk'/rM4!{rllh+114VYI.~IYRY/+:uh'Kr.•rn. n.r..ur ~ L.... III I • r i 1 and that the award maybe terminated for convenience in accordance with 24 CFR 85.44. f I (8) Reversion of Assets, The agreement shall specify that upon its expiration the subrecipient shall transfer to the recipient any CDBG funds on hand at l the time of expiration and ary accounts receivable attributable to the use of CDBG funds. It shall also include provisions to the use of CDBG funds. It shalt also include provisions designed to ensure that any real property under the subrecipient's control that was acquired or improved in whole or in part with CDBG funds in excess of 525,000 is either: (i) Used to meet one of the national objectives in Section 570.208 until five years after expiration of the agreement, or for such longer period of time m determined to be appropriate by the recipient; or !J (ii) Disposed of in a manner that results in the recipient's being reimbursed M the amount of the current fair market value of the pro^•1 hr tes-, Any portion of the valL+e attributable to expenditures .,,-merit the of notr~..,.., r h property. (Reimbursement is not requireu afar ul., specified in paragraph (b) (8) (I) of this section.) ' 1 r4 Page 23 10 111 5j h bL aMLAW Al! • ATTACHMENT "D" 24 CFR § 570.504 (a) $ecording Program Income, The receipt and expenditure of program income as defined in Section 570,500(a) shall be recorded as part of the financial transactions of the grant program, (b) Disposition of Proaam Income Received by Mi2ier j, (1) Program income received before grant closeout mry be retained by the recipient if the income is treated as additional CDS 'I funds subject to all applicable requirements governing the use of CD34 funds. (2) If the recipient chooses to retain program income, that income shall affect withdrawals of grant funds from the U.S. Treasury as follows: (i) Program income in the form of repayments to, or interest earned on, a revolving fund as defined in Section 370.500(b) shall be substantially disbursed from the fund before additional cash withdrawals are made from the U.S. Treasury for the name activity. (This rule does not prevent a lump sum disbursement to finance the rehabilitation of privately owned properties as provided for in Section 570.513.) (ii) Substantially all other program income shall be disbursed for eligible activities before additional cash withdrawals are made from the U.S. Treasury. (3) Program income on hand at the time of closeout shall continue to be subject to the eligibility requirements in Subpart C and all other applicable provisions of this part until it is expended. (4) Unless otherwise provided in any grant closeout agreement, and subject to the requircments of paragraph (bx5) of this section, income received after closeout shall not be governed by the provisions of this part, except that, if at the time of closeout the recipient has another ongoing CDBO • grant received directly from HUD, funds received after closeout shall be treated as program income of the ongoing grant program. (5) If the recipient does not have another ongoing grant received directly from HUD at the time of closeout, income received after closeout from the disposition of real property or from loans outstanding at the time of • closeout shall not be governed by the provlstons of this part, except that C • such income shall be used for activities that meet one of t%e national objectives in Section 570.208 and the eligibility requirements described in Section 105 of the Act. Page 24 10 32XID , 0 w0bm Agardo No A;enda Ile m,_ m1e~/off'/.ir 9_~ AGENDA INFORMATION SHEET AGENDA DATE,, December g,199g DEPARTMENT: Engineering & Transportation CNIIDCAVACM: Rick Svebla, Deputy City Manager 9e49- TO HOLD A PUBLIC HEARING AND CONSIDER A RESOLUTION ADOPTING THE ROADWAY COMPONENT OF THE DENTON MOBILITY PLAN FOR THE CITY OF DENTON; PROVIDING A SAVINGS AND A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. @AC01100D: The existing plan was adopted in 1988. There have been many changes and partnerships formed that need an updated and approved Roadway Component of the Denton Mobility Plan. The Roadway Component is a crucial component of the foundalion for the Comprehensive P:en being developed no v. The Growth Management Strategy has considered the concepts in the Roadway Component of the Denton Mobility Plan during its formation. Key changes include Loop 288 in several areas, FM 2499, and Lakes iew Boulevard as per the briefing on November 10, 1998. i OPTIONS: Not Applicable PRIOR ACTION(REV EI W (Council, Boards, Commissions Briefing to P & Z on November 11, and Work Session with City Council on November 10, 1998. Planning and Zoning Public Hearing on December 2, 1998, approved unanimously. FISCAL N O 1IAT .ON Developed by StalT Respectfully submitted; • ~A- Jc ark, Ui ctor Eng nccring Se Transportation f*1 y 10 32 101 rt4aa O f Trakportation Dept City • 1 • Memo To Planning and Zoning Commission „qt From Jerry Clark, Director of Engine ,ring and Transportation Data 11/23/98 Re Approval of Roadway Component of the Denton Mobility Plan We presented the Roadway Component of the Denton Motility Plan to you on November 11, 1998, The presentation included details of why we need to adopt the 1988 Denton Mobility Plan. We are currently operating from the 1888 Thoroughfare Plan which limits us In several ways, We will have the presentation available to you at the P& Z meeting if any further concerns or goAstions have arisen. We have added the connection of Hickory Creek over to FM 2499 Instead of ' stopping it at FM 2181 as shown to you. The alignment on FM 2499 has been adjusted to match ROW Dedications that ex(st today from platting activities in the recent past. A color copy of the Denton Mobility Plan Roadway Component is enclosed for your use and reference. The plan will go to City Council with your recommendations on December 17, 1898. The Roadway Component has been labeled the Thoroughfare Plan in the past It is labeled as the Roadway Component since there are several other components that will be coming to you for consideration in the near farina, Those are ; Transit, Walkways, Bikeways, Airport, and Rail. We noed to consider the entire Transportation System in our planning for the future, Your oonsidnra'on and approval of this Roadway Component will help create the A foundation for the 'Comprehensive Plan that is coming to you early in 1999. HOK has copies of the Oroposed Roadway Component and will be considering those In the Growth Managert,nrtt Strategy based on PU and City Council approvaN. We have also enclosed some Information from Mayor Jack Miller on the Texas Department of Trensponfation Projects that are q** moving t 1 construction in the Immedlate fuhre. We have also orx ot.c,, the Transportation Component of the fire m year Capital Improvements Prog,•am of the City of Denton. 0 v • Kaye t 2 C .32 x i a_ c • JACK MILLER MAYOR CITY OF DENTON _ I I I EAST McKINNEY STRE. DENTON, TEXAS 76701 MEMORANDUM DATE: November 20, 1998 TO: Council Members FROM: Mayor Jack Miller SUBJECT: TXDOT TRANSPORTATION IMPROVEMENT PLAN (TIP) Last week during our discussion on the Denton Mobility Plan I mentioned the good news we received from TXDOT concerning the new funding schedules based on the New Federal Transportation Equity Act of the 21" Century (TEA-21). We have numerous projects In many differeel funding ealegories thet will help us over the next several years. Projects are ranked either In priority one or two. Priority two means that authority for preparation of plans, speui0callon9 and csUmates (PS&E's), and right-of-way acquisition can occur. As TXDOT's design division finishes plans the required rlght-of-way can be acquired. That would allow districts to proposo a schedule for construction contract award. Priority ona is the authority to complete the PSdE's, adjust utilities, and lei the bids for construction contracts. These projects are the highest and best ranked and generally have a contract letting date assigned. The following projects have direct bearing on the city. I have listed each one of them as r I well as the level of authority (I.e, priority one or two), They are as follows: ~ . ~ c , ~3 1 01 9 o Memo to Council IViembers November20, 1998 Page 2 ROAD & DESCRIPTION TYPE OF FACILITY COST U.S 380 from 1-35 tj Six lane divided urban $ 3,800,000 U.S. 77 or Elm Street Priority Two U.S. 380 from Loop 288 to Six lane divided urban 10,400,000 U.S. 77 Priority Two U.S. 380 from U.S. 377 to the Collin Four lane divided rural 28,OJ0,000 County fine Priority One - scheduled for the year 2000 Loop 288 from U,S. 380 to F.M. 426 Six lane divided urban 4,820,000 Priority one, bid date 2002 Loop 288 from FM 426 to Widen to six lanes 8,900,000 1-35E Priority One, bid date 2002 U.S. 77 from 1-35N to Four lane urban 51138,000 U. S. 380 Priority Two Signal at 1.35E and Slate School Bid date 1999 90,000 Road Reconstruct Carroll Boulevard from Refurbish existing streets 150,000 McKinney Street south to Fort Worth (Urban Street Program) Drive Landscape project on Fort worth Interiormedlans 60,000 Drive from 1-35 to Collins Bid date Spring 1999 r • 1.35W from 1.35E ;o the Tarrant Reconstruct shoulders and 61000,000 County line widen and bridga sections 1.35W from 1-35E to Tarrant County Mill, seal and overlay main lanes 6,740,000 Letting date 2000 • FM 1830 from Hickory Creek south Add shoulder and resurface 7`16,000 , 0 I • 2,1 miles TOTAL $60,811,000 4 .4, ti x ~CJ 31x O x, :aswo~a t ' o Memo to Council Members November 20, 4998 Page 3 After looking at the Ilst you can see why I was so excited about the news from COG and TXDOT. We are very pleased. We will continuo to work with COG, TXDOT, the County and other entitles to make Improvements In the system. Staff is working on a number of other projects that will contribute to the system with the assistance of the County and the CiP program. The future of our mobflity system is looking the best it has since I've been on the council If you have any questions, please gfw. Rick or Jerry a call J k ill r ayor JM:af Cc, Michael W. Jez, City Manager I Rick Svehla, Deputy City Manager Jerry Clark, Director of Engineering 6 Transportation ,s i i• ~ • • S , , 1 10 a. 0 1998.2003 CAPITAL IMPROVEMENT PLAN GENERAL GOVERNMENT j TOTAL " PRAIECT EXISTWO AUTH, UNAUTN. OTHI!A RECi1y~, x ~lIN YEAR ` ONJDEPT NUMBER PROJECT NAME BONDS UNISSUED UNISSUED t x r FU DI 0 IN 06-99 Trans 0010108 Willowwood Pay 8 Drain (Option II) 875,000 08.99 Trans 0010118 South Ruddell Street Sidewalk 878,000 98.99 Trans 0010132 MayhilVLoop 288 Connector Road B8'~ 68,000 98.99 Trans 0010136 Roselawn Pay Benard to Cemetery 745'000 743,000 9&99 Trans 0010136 Alerls! Turn Lents PH 11 287' 250,000 08.99 Trans 001r" ;i Jim C"Isl Bridges 267,000 287,000 98.99 Trans Loop 208 200,000 260,000 08.99 Trans 0010180 Siddawalkatglke to Teasley 250,000 250,000 98-99 Trans 0010178 Traffic Signals PH 11 PH Ilf 142,000 142,000 08-90 Trans 001022D Street Construction PH lV 325,000 325,000 08-09 Trans 001022E Street Construction PH V 450,000 450.000 98-99 Trans 001022E Street ConstruoUon PH V 379'000 370,000 98-99 Trans 001083 Riney Road Paving 240,000 240,000 -14 98.99 Trans 001097 Mills Rd From Msyhill to Ryan Entrance 140'000 140,000 300,000 300,000 150,000 A 99.2000 Trans 0010.1501 Loop 288 Spur-Phase I 2,425,000 2,426,000 2000-01 Trans 0010.150E Loop 286 Spur Phase if 2000-01 Trans 0010-90 M ~ckingblyd Lane Connection 976,000 075.000 2000.01 Trans OC 10-109 Mockingbird Lane (Mingo to Audrs) 200,000 200,0 000 790,000 2000.01 Trans 0010.159 Sluarl Rd d Traffic Signals on FM 428 750' 750,000 760,000 ~ to 2001.02 Trans 0010149 Interchanges-Loop 268 (Stuart 8 Kings R 2001-02 Trans 0010.151 IH35E Meyhill Io US 317 Land 6~ ~ 530 000 2001.02 Trar. 0010-88 West Wlndum(Son We Brae to Hinkle) 000,000 q;0,000 2001.02 Trans 0010.22(P Miscellaneous Street Construction 464,000 4~ 000 178,000 178,000 dudrnaawr« d sbApfb0. f,.,e MMrN, «,e s«i«r n.ie r«wc«. , i 41 _ r, ~ ~:.:f: L r n 1 0 n I • I 1998.2003 CAPITAL IMPROVEMENT PLAN GENERAL GOVERNMENT TOTAL PROJECT REQUIRED, AID YEAR DIVIDEPT NUMBER PROJECT NAME EXISTING AUTH. UNAUTH. OTHER CITY IN 2002-03 Trans 0010.73 West Airport Freeway (Loop 288 Weal) BONDS UNISSUED UNISSUED FUNDING CON8T. 2002-03 Trans 0010-45(D Miscellaneous Sidewalks 1'x'0 4,000,000 , 2002-03 Trans 001022(0) Miscellaneous Streets SWAM 400,E 2002-03 Trans 001017(D) Miscellaneous Traffic Signals SWAM 800,E 300,000 300,000 2003.04 Trans 0010.73 US 77 From US 380 to IH35 1400 000 1000 000 2003-04 Trans 001015 (D Eagle Drive Paving (Carroll to Avenue E) 1500 000 2003-04 Trans 001022 (F;Miscallsneous Street Construction 1'540'000 250 000 250 000 0 4,871,000 1N~ 0 17,171 ^00 150,000 Other Trans 0010A Audrs Ln Overlay Other Trans 0010M Willowwood SldewalklHighland To McCon 22'~ 22'000 d Other Trans 00108 Pedestrian Signal at Prairie ano Bell 112'000 112,000 1 Other Trans 0010N Repaving Coronado, Massey, Collier,8 Mingo Rd 417'400 11'000 Other Trans 00101) Pedestrian Signal at Ave. C and Eagle 117,000 Other Trans 00100 Windsor St Drainage Structure 12'000 12 040 Other Tuns 00141' Shady Oaks at Woodrow Lane Signal 20'~ 20,000 Other Trans 041013 Alice and Panhandle Drainage Improvements 83'~ 83,000 Other Trans 0010H Archer Trail and Emerson Drainage Improvements 125.0 125'0 • Other Trans 001100 Azalea St Pav 8 Curb 8 Gutter Replacement 25'~ 25,000 j t Other Trans 0410) Curb 6 Median Work/Denton Town Cir 115.000 75,000 155'000 Other Trans 0010R Channel Lining of Concrete M Civic Center Pa115.000 1'000 1i Other Trans 00f0L 1.35 d U.S. 380 Intersection Im 15,000 15,000 Other Trans 0010E Sidewalks Along Highland and 8 mad Streets 20.000 20.000 52,000 52,400 ~ tl 9nck+e~t uroAcwn d oeAp~lon, rune ed.nn. arse an«~16nw na,ieM i + 32 X~L ' s 0 AMAIN 19991003 CAPITAL IMPROVEMENT PLAN GENERAL GOVERNMENT TOTAL 1a ,t r''1 r , i. a N ' IXISTiNO A~1T1f~ UNAvr11~ 131F1 ~EREC)UI~IED~i~Dt`, CPTNUMBER pF'OJECTNAME - r TV+~ Other Trans 0010T Oploon 8111101 System - BONS - UNI8t3UED UNISSUED / ,~y iDr 16 . Other Trans 00101 Right Turn LsnotlAsn MIAer at Souofto 135.E 15,0 0 Other Trans 00101) Lattimore Street Overlay 1,E 15,000 Other Troas 00100 %not l 2S•~ 25,000 Other Trans 0016K p1erl rnprovsmems al ColNns and U.S. 377 38,000 38,000 Other Trans 00100 Road Widening of Min'OdN Ruddel and Nottingham 10,000 10'000 Other Trans 00102 %net Improvsmsnl at 1.33 and McCormkh 15'000 15,000 Other Trans 0010AA Wlllowcrosl Loop Drainage 55.E 85,000 Other Trans 0010Y Old North and Mingo Rd Inlerseetlon 0,0 Other Trans 0010AO Left Tom Ln at Corral d Eagle 4S'~ 45,000 Other Trans 0010W SOUL Improvements al Mc 20,000 34,E Other Trans 0010AD Right Tun lane at Bel Ave. Uey and .S. 380~i1 34,000 20 ~ Other Trans 0010X Campbell SL Drainage PmJed 00'~ wj~~ Other Trans 0010AE Righl Turn Lane at Carroll 8 Parkway is'~ a',~ Other Trans 0010AF Intersocllort I 15,000 28,000 Other Trans 0010AH U.S. 380 Left Turn lto el a 377 and 1.35E 45,000 25.000 A Other Trans 0010AG James 81Ovaday mprovementt 44,000 44,000 • Other Trans 00101 Corridor Improvements on U.S. 330 38.000 55:~ Other Trans 0010) Entrance Ramp Loop 288 at U.B. 350 11 ~ 20,000 11000 ____f f,000 0 O 1,27"1 0 1,771,000 0 1 4 1 • • 'MK_#IMCMatINdObApAien,MlMMq.Md/MwMAN/NMCN. 25 x a 32 MEMO= e , 0 I t:CICOENTON, TEXAS :I5 l14dt" DMlan, re.afftllM1 MM3494$0 ~rrioifx~rrTVlwnnucea y MEMORANDUM DATE: Cimbar IS 4008 TO: Mayor and Members of the City Council FROM ; Rick 8vehla, Deputy City Manager SUBJECT: County Bond issues The Counly's Quzons Bond Committee has been meeting on Wednesdays for the 1461 couple of months. Lest Wednesday night the committee approved the fotbwing attached list of projects and will be recommending that to Commissioners Court In the next covoo of we'tks. The good news Is that tho list conts!ns a 101 of projects that VA d(rectiy effect and benefit the c A.. Thor.1 projects ere listed as f%Aows. IH 33E WideMning lZooo,o00 FM 2400-Section 6 ..$2,000.000 US 380 Safety imp ......................aft 000,000 Lakeview Boulovord ........................6 FM 2f8f 260,000 FMIt73Extension .!1.630.000 FA42400.Saovon4........................... $3.60,(00 Lakilvtew SoufavwJ 0 600.000 US 377 (Ft Worth Dr,)......... 3 030.000 Loos 288 Extension S 01.000 Brinker Road . S 600.000 Hickory Croak R )ed >♦1,600,000 That county has estimated that they wit contribute approximately 16 million dollars to these projects. These funds will be used In conjunction with TxDOT funds or Wei matches from our Clip programs. Hats off to the Mayor for his effortt, on the cofnntldae as well $a his work with Judge Mostey end Commisstoner Hi". We we *%cited about of of the posafbititles and wa rook forward to working with the county, , I Rick Svehlo Deputy City Manger y hs'd Aged"Wird CM&PAOM Od is CCW4 bane IYuef, Rs on .+t t. r,..t..7a..c.l.l •I l . 2 r xIG 32 X10 .ww,os o 1 MajorChangesin the.Prbposek • 1998 Thoroughfare Plan Loop, + Loop 288 Conce t for West(IH 35 to L14377) ii ConcieptJor the ast(Spencer R•.• i to I••. and 2181) ii • • • • US 377 and Hickory Floodplain Issues)' + FM I•• • i to 'ment De has ci • •'i 4we'ral corridors' a. Lakeyiew b. Masch Branch oad-Western Blvd 88 . • • • Kings Row (W,indsor) T • 1 • o 71 e 0 Kaj • Ch'angesmContinued Upclati~s from CIP a.. Nottingham • / . • r r r • • • 288 and Mayftill • • •R • to Teasley • on lH 35E Ramps between State School,and Teasley Cooperation Dentontounty Bond Issue o i 32 X 0 oawarsM - • • o i I EXCERPTED MINUTES I PUUINI NO AND ZONI NO COMMISSION DECEMBER t, 1990 The regular meeting of me Planning and Zoninp Commission of the Coy ol Denton, Texas was held on Wednosday, December 2, 1946, at 5 30 p m in the City Council Chambers at City Hall, 215 E McKinney, Denton, Texas Present. Elizabeth Gourdis, Sally Rishel, Susan Apple, Jim Engetbrecht, Rudy Moreno, Card Ann Garner, and Bob Powell Present from Staff. Mike Bucek; Flst Assistant Coy Attorney, Mark Dons!dvx1, "sshtant Director of Planning, Jerry Clark, Director ofEngineeringrTransportation PUBLIC HEARINGS- OTHER ITEM 10. Hold a public hearing and consider making a recommendation to the City Council conearnIng the Thoroughfare PI on. Comm:-s"r Engelbrecht Item 10 is to hold a public hearing and consider making a recommenelaill l l City Council concerning the Thoroughfare Piun Mr. Clark, City Engineer, Is here to present the Denton Thoroughfare Plan as part of the overall Denton Mobility Plan Would that be s correct slatement or . . Mr Clark. Chair and members of the Commission, were calling it the roadway or -,reset of the Denton Mobility Plan Commissoner Engelbrecht Roadway component " 4y Mr Clark. That's pretty much the same as thoroughfare, It's just a little bit ddferont way Roadways kind of helps you separate all the drRerenl components or X out, Commissioner Engelbrecht Got d--ohay Mr. Jerry Clark prowled the staff report Mr. Clark As you are aware, on November 11th, we gave you the long version of this. so, tonight wM II give you the short version Basically, we have a 1968 plan, we have some major issues won the Council of Governments, TADOT, updating of the County Thoroughfare Plan We Nava funding constraints that are hurting us. We need to have our Thoroughfare Plan In order so oat we can get funding for roads end Nava our Thoroughfare Plan reflect what we re trying to do, and we have eleven years of public interaction that's affected this. I think one of the major things, though, is to support the Compr, onshve Plan with this so a foundation of development in the Comprehensive Plan-having these road corridors set up, and, so, that really is the drhirg force that we're looking atnow We also have some tfansportl corridors like the Loop 200 Spur and some of those that are underway right now-the 2499 projects with the Slate Loop 288-some Wows of thatthat we really new to look at, and we 1 also, hopefully, will have a now CIP election In the January 2000 timeframo Bril lly, this shows the oomponeets, the only thing t doesn't show that will be lidded Is rail Carrying goods and moving into the Industrial areas S includes rail, end to we will get that added to this, but were looking at the roadway system right now, tonight, and not any of theta others Yes, I can kind of put Imoss things up again, but, you know, we had those certain corrVore we've shown you You all should have a copy of this In your packet, and I wonted to make sure you were aware we 1 Old add the roadway that you had asked tot right here You can see it did make sense to connect that ^.ver to the major reglonat roadway called 2499 Commissioner Engelbrechl I was going to ask you about that-would you Mr Clark Can you see it with my finger, or do I reed a ditlerent typo thing pointing to Al f Corr miss ionerEngelb•ochi Goaheed yy/ Mr Clark It's In them Again, the yellow on 4 are the ones that are not complde yet. The cads a magenta, M that's the corrM terms, are all the ones that are TxDOT, Wive done a lot of cutting of unnecessary roads. Wave 12 i WINSOME W Planning s^d Zoning Comml►Non Minute December 2, 1Wit Pepe 2 of 2 tried to pA roads where they could be built and completed in a hurry because we do hm some major needs Some of the thlrMs we've donA have actually allowed Loop 280 to move up, it was originally $22 millM and it's dawn to 314 million by a ljustLng the Interchange at Sps", doing away with the abovo-grade separation. Also, . being able to use this Southern Hills Road connection as a detour out, to that they don't hove to build one for this section, has eFlmlnated about $10 million on that project So, there's some real pos" and immediate benefits v4re already starling to ga n. I !,now Ira late, to I'd rather pro; ably just respond to your questions, but we do nerd your recommend. We'd 10a to go to CRy Council on the 15th with whatever recommendations you have. C mM:ssia rrr Engelbrecht Are then any questions for Mr. Clark? Mr. Clark, just one You mentioned-we talked about the one rooommended change there that %ms put In. Were there other recommended change or i r ; supguFons either wars or sow. not or.... ; i Mr. Clark: As tar as I know, mare it Commissioner Engelbrecti. Okay. Mr C' rk Thai's N only change from the seat meeting. We have a bigger map 0 you want to took at somethlog, r and that mLp Is a mile tough on your eyes, Wean settMt in Iro l of you also. Commissioner Engelsrec,it Okay; there ate no quetiona of staff. This lo. 6 public hearing, and I would ask atoll time if thews anyone presets who would 114 to speak In favor of the roadway oomponent of the Donlon Moblllty Plan as presented by sWV Anyone present who would like to speak In favof? In that case, Is there anyone presort that would like to speak In opposition to the roadway component of the Mobility Plan? Anyone present to apak In opposition? That being'hs ease, the public hearing Is closed And I need to k**k quickly. Oo we have? t forget- d.n't hNieve we hew a recommanded-1 don't believe we have a recommended Mr. Powell I'm ready 10 move on the issue, Mr Chairman. Commissioner Engelbrecht. I would like to Interject, M I might, just one item before we do that. Olven the case we had earlier, ;would like to ask Engineering and Planning 0 they would please take a real close kook at Stuart Road and Loot' 208-that Intersection with all the considerations for ckxing, etc, and the current toning and what may be proposed Thattract Is at owned by ewe Individlal, and we're goo good chance to work on it atthis print In time And I'm going to shut up. Yeas, Mr. Powell ; Mr Powell Mr Cticirman, I would move that we approve me roadway component of the Denton Mobility Pian as p slanted by staff tonight Mr R shel. Second Commissioner Engelbracht Any discussion on the motion? Ali In fever, please felts your right hand. Motion 111 carries unanimously (7-0( , I I, , P3S. ~ 202" NUT£ S-EuwisednemtO doe j . R 13 ~l z~x In 32x10 K' s . c i loom ' ~MIa9r1IXAY~rlsbM1rlfaaaY4,1~4,A,bY . RESOLUTION NO. A RESOLUTION ADOPTING THE ROADWAY COMPONENT OF THE DENTON MOBILITY PLAN FOR THE CITY OF DENTON; PROVIDING A SAVINGS AND A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the Engineering and Transportation Department has prepared the Roadway C.,aponent of the Denton Mobility Plan to replace the 1988 Thoroughfare Plan; and WHEREAS, on December 2, 1998, the Planning and Zoning Commission recommended approval of the new plan; and j WHEREAS, the City Council rinds that the change from the 1988 Thoroughfare Plan to the Roadway Component of the Denton Mobility Plan as presented to the City Council at a public hearing on _ 1998, is in the best interests of the health, safety and general I welfare of the cii Lens of the City of Denton, Texas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ` SECTION L That the City Council has reviewed the attached Denton Mobility Plan- Roadway Component, which illustrates the alignments and location of existing and planned roadways,rithin the City of Denton, Texas, and hez Eby adopts such plan as the guideline to be used by City in planning, funding and constructing roadwayv within the City of Denton, Texas, SECTION IL That all resolutions or parts of resolotions in force when the provisions of this resolution became effective which are inconsistent or in conflict o ..j the terms or provisions contained in this resolution arc hereby repealed to the extent of any such conflict only. The non- conflicting sections, sentences, paragraphs, and phrases shall r;main in full force and effect. SECTION HL That this resolution shall become effective immediately upon its passage and approval PASSED AND APPROVED this the `day of 1998. JACK MILLER, MAYOR ATTEST; ENNIFER WALT ERS, CITY SECRETARY • • J BY:_ I ` 14 " 25 10 32XIO 0 r 1 i APPROVED AS TO LEGAL FORM: 1 HERBERT L, PROUTY, CITY ATTORNEY r - BY: [ I i ,r i PAGE2 1S i.-. 'C11 Lot Wll•MMMladCwwi'~w4r,MMrI1,~~AwM.s4 , ~.t i t +1L A• " ~ t1 25 '32X' pop fr~~~pr. ~;r IP ' ilr~ ~ , m I u 4~ is 4 , palam" I 1 4 c ~Y Y C 22 1 j I el J}rw r Vi MA UA Pik 1 w~ - . ! l` It r f 1 44-00A '".6mado.d. ~oo v. J ~h~o 32x~~ 25xI~:~. €~a AGENDA INFORMATION SHEET Agenda No. C came i r• AGENDA DATE: Z-98-49,1998 DEPARTMENT: Planning Department CMIDCM/ACM: Rick Svehla, 349-7715 i SUBJECT- Z•99.049: (Loop 288 and MrKinne)) Hold a public hearing and consider an appeal to change the zoning on 34.047 acres from a Planned Development (PD-41) zoning district to a Commercial (C) zoning district. The 34.047 acre property is legally described as tract 2 (11.238 acres) and tract 3 (22.809 acres) in the M. Austin Survey, Abstract 0004• It is located on the west side of Loop 28.'. approximately 485 feet north of the T-intersection of Morse Rd. and Loop 288. The proposal is for future sale and development. This item was denied by the Planning and Zoning Commission on October 28, 1998, therefore a super majority vote is required from the Council to approve this zone change. BACKGROUND u The applicant has requested to rezone this property for future sale and development. The proposed development is consistent with some of the policies of the 1988 Denton Development Plan (DDP) as applicable and few of the 1998 Denton Plan (DP) Policies. u Notice of the zoning request was published in the Denton Record-Chronicle on October 18, 1998. Six (6) property owners were notified of the request on October 16,1998. As of this writing, there has been one response in favor of the request. The applicant declined to have a neighborhood meeting, u On October 19, 1982, The City Council approved a zoning change on 112.88 acres (including the subject tract) from Agricultura! (A) to Planned Development (PD), recorded as Ordinance 82-83. This insludcd 34.85 acres of Multi-Family zoning (limited to 22 units/acre), 15.8 acres of Single Family Detached, 16.16 acres of SF Attached, 15.15 acres of GR, and 26.41 acres of open space. This site in particular is designated to be low'nhome with a maximum density of 6 unitslacre. u Sine the Planning and Zoning Commission meeting, the applicant has offerec'to limit the a11otiral4e uses under the Commercial (C) tuning to exclude the folloH ing. 0 • Sexually Oriented Businesses • Hatchery, Poultry • Trailer Camp or Mobile .dome Park • Extraction and Slorage of Sand, Caleche, Stone, Clay or Gravel Please see the attached list regarding the Commercial (C) District for the remaining allmsable uses. i I, 1h K f 32X10 ~i suers 0 it rameM RECONMENDATION Staff recommends denial of Z-98.049, based on the inconsistencies with the Denton Development Plan and the Denton Plan Policies. If the Council chooses to recommend approval of the rezoning to Commercial, however, staff recommends that conditions be placed on the Commerci it zoning to include: • A maximum allowable floor to area ratio of.024-,04:1 (as per table 3). • Eighty percent brck exterior. • Limited access onto Loop 288. OPTIONS 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Postpone consideration. 4. Table item. PRIOR ACTION/REVIEW (Council, Boards, Commissions) The Planning and Zoning Commission recommended denial (5-0) of this zoning request on October 28, 1998, as recommended by staff. 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 new development, extensior of public infrastructure will be necessary to service this site. ATTACHAIEN'TS I . Planning and Zoning Commission Report, October 28, 1998, Z-98-049. 2. Planning and Zoning Commission minutes from October 28, 1998. 3. Commercial (C) District Allowable Uses with voluntary exclusions crossed off. 4, Draft Ordinance. • 5. Letter of Appeal from the Applicant. 6. Map submitted with application indicating exact boundaries. Staff has indicated j approximate locations for flood plain and IlDodway on this map. R trolly su it r E 0 D ill✓ ~ 0 • j Director of Planning and Development Prepared by: 'rrina McElreath 2, 2r 10 32XIO. 1 W4nr 0 0 ATTACHMENT 1 PLANNING AND ZONING COMMISSION REPORT STAFF REPORT b ec : Loop 28b and McKinney Case Numbs r: Z-98-049 $ aff : Trina McElreath, Planner II ftVda 0dq. October 28, 4998 PURPOSE Hold a public hearing and consider making a recommendation to the City Council concerning the change In zoning of 34.047 acres from a Planned Development 41 (PD41) zoning district to a Commercial (C) zoning district. The Intention Is to zone for future sale or development. Z,%-047 N ~ W F S h l i 0 + SITE ~F LOCATION MAP La:etton: On the west side of Loop 288, aprx. 485' noAh of the 7-Inleroe0bn of Morse Rd, and Loop 288. 8119: 34 041 acres 3, - - ~ 7y K 1C1 32X ID Noma U , arnhvss r ` I GeNERAL INFORMATION Applicant: John Rainey Owr3r: Kent Key 25 Rolling Hills Circi6 3524 Belmont St. Denton, TX 76205 Denton, TX 76205 SUMMARY OF ZONING REQUEST Section 35-7 of the Code of Ordinances outlines the rules of procedures for emandments to a zoning boundary ordistrlct. In general, any person having proprietary Inleres. In any property may petition city council for a change or amendment to the provisions of 1h,- Zoning Ordinance, or the Planning and Zoning Commission may on Its own motio ) or on.eyuest from the City Council institute study and proposal for changes and amendments in the public Interest. COMPREHENSIVE PLAN ANALYSIS 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intonaity Area, immediately adjacent to a moderate intensity area, These areas are Intended to be developed primarily for single family residential development Nelghborhoodo are to be serviced by a network of small commerelalfretall centers spaced at about At ml Intervals with direct access to a collector type streot or larger thoroughfare, Vehicular trip generation d+1e to development within Low Intensity areas is restricted to 60 trips per day per acre in orJer to hw inc* land use with r sad capacity. Staff finds the proposed development to be Inconsistent 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: r r Denton Development Plan A Policy Analysiq Summary Low Intensity Area _ - Development PAting vs. Polity POLICY COMMENTS u ansWil Dent consistent Intent. These areas mpresent primary ms proposd dxs nd 40t* h". Irv tsousb g areas WtNn N City. M rrn*nalty. To be consistent with the Plan, Allowed Ir"mlty • 60 b1ps/m a demonmem should"exceed w Allocated Intensly . Mt) triloVsrte akcAted InteMlty. ~t Site nan Control. Strkt property A1sMoninq dx PO ON" tro the oleo de.dopnunt contrd mthin 1,600 red d ~approwt. x existing kw dens ty reskeMlal areas. 4. - r . .tom I LI : 2 43 l' 1 }r e y O S , ,7r~erre . ' M Y r F u. meMMMxYM{~i'8l ML"Hr,*aM..4ki'WNRWdM t+~Wwv'kcerwrM.mww . u ..r i o Denton Development Plan Policy Analysis Summary Low Intensity Area Development Raring vs. Pdky POLICY COMMENTS tnm l m t wn~l~nt TnAc 004^ Accra Moak be TMs su Pw konbpe an loop 768. prodded to wAt n MAI mdtl-r y or non-reslderrbal uses haw access to c0edom . Vwo reod~dseb Anct x Open SAM, Whdwt peen span, Then is f* open space in M Aral AM revakbW fadRbe and dwrslty of parks Ww fMn dre Iandscape ordwKe am prodded, repulwwo, none would be mgAred. x i PuWk P&Wpaelon Inpre kda O"rq The appllnnt dadlned to haw a by nelphborhood assodabom and MMIs nelphb oW ff*w , *wnq V* Vwn h er cnuraped. Harm' rally any exbtlnp mlphba7. x ~ Y L&W UM Dkwlft. Nm-resf w" and multi-family *ydopmre h &=vs M to a 11mlted &Va. _ x 1larrufectcaad lbwlrq. fits "of sim*fsmlly homlrp"be canpatlbk Wth &-mbpiwib In the bw k tmft areas sat" to =dtlom KA ftV condmw sWp oo nn a~ to" of *w* ~ the proposed eons g, ` dscowaped kyor nor law ft"Ity Areas, x f : i Y. 5. l t n d 32X W" milli s r 0 bentor'R pllxin,Pol fihd'let~'` ~~.:auua'.a,Mx~..H~rr2ewrnM"vah~Nhrk~~ ,..:~...1 The proposal is inconsistent with the policies of the Denton Plan. Traffic counts for this section of Loop 288 are not available, however the size of the addition does Infer a potentially large impact ' on traffic. Some existing Infrastructure is available, however, until future development proposals are submitted, exact Infrastructure extensions are unknown. This addition does not meet the neighborhood category. SPECIAL INFORMATION ~~:.~....r ..-.w.:,.r~~, ~..~._,r r e. ropM.M~ a na i»ti,+,• w . j rm 1. Transportation " A. Trip generation: The following tables provlde three sample land uses and are not all inclusive of the potential use under this zoning classification: Table 4, Potential Land Use Trip Generation (2:1 Floor to Area Ratio) Land Use Average Trip Total Trip Maximum Bulldout Generation Per Generation Retail 40,67 trlps/1,000 sf 54,219.2 Vd 1,333,150.2 square feet (sf) MedicallDental Office 34,17 lrips11,000 sf 45,5531 Vd 1,333,150.2 square feet (sf) General Office 8.46 lrlps0,000 sf 11,278.4 Ud 1,333,150.2 square feet (sf) Allowed Trip Generation 34.047 acres 2043 Ud 60 tripslacre Difference i 11,276.4 to 5.52 to 28.53 times the 54,217.2 allowed trips ' Colculoll, me provided bt the Inetlluis of Tranepoetallon [ng1naen,1991. " Trip eenertllon Role varies with floor wee, per the Instltute of Troneportation inglnoera, MI. Table 2, Probable Land Use Trip Generation (,8:1 Floor to Area Ratio) Land Use Average Trip Total Trip Maximum Bulldout Generation Per Generation Retail 40,67 Irips11,000 sf 13,554.8 Vd 333,287.55 square feet (si 41 Medical/Dental Office 34.17 trlps11,000 sf 11,388.4 Ud 333,267,55 square feet (sf) General Office 8.46 lripsll,000 sf 2,819.6 Ud 333,287.65 square feet (sea 1(>800,0000)" Allowed Trip_Ger eration 34.047 acres 2043 Vd _ 60 trlpslacre Difference J _ 2,817.8 to 1,38 to 8.8 times the 13,552.8 allowed trips • ' Calculations provided try the Inatitvte of Traneporlatlon analnears,1991. " Trip Generation pale verbs *Rh floor area, per the lmi iIuU of TransporUtlon Enelmors, W. I a 6. I Ci 32X 0 I~ :•venw Table 3. Allowable Land Use Trip Generation (.024-.04:1 floor to Area Ratio) Land Use Average Trip Total Tr1p Maximum Bulldout Generation Per Generation Retail 40.97 trips/1,000 sf 2043 Ud 50,230 square feet (sf) Medical/Dental Office 34.171dps11,000 sf 2043 Vd 59,790 square feet (sl) General Office 24.6 trips/1.000 sf 2043 Vd 83,040 square feet (so (c10,0003f)"" Allowed Trip Generation 34,047 acres 2043 Vd 60 tripslacre _ Difference 0 0% above allowed trips • Calculobarit provided by the institute of Transportatlon En0lnesn,1011. " Tdp Oanerstton Rate varies with floor arts, per the InatOute of Tronepartatlon Englnesrs,110L B. Access This tract has access to Loop 238, a State highway that is a two lane (four lane In short stretches) undivided Toad currently serving as an arterial street, C. Road Capacity Loop 288 (freeway acting as an arterial) Is currently deslgned to carry 15,000 trips/day, At present, the most recent traffic counts for these roads are unavailable. 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 3): Water: There is a 30" water main running parallel to Loop 288, 150' off of the west sldo, traversing through PD-41 In an easement Wastewater There are two wastewater lines In the vicinity of the subject tract. a) 21" running parallel to Loop 288 on the east side. b) 18" running parllel to Loop 288, 150' off of the west side, traversing through PO-41 In an easement, Fire: Additional fire hydrants will be raqulred upon development, The nearest fire hydrants are on McKinney, • ~ 0 1 3, Drainage and Topography New developmti•nt will be required to design and construct a drainage system to city standards. A preliminary drainage study will be required with the submisslon of a preliminary plat. The study must Include calculations of the 100-year storm for all drainage areas on this property and any area thet drains towards this property. The developer must indicate the method by which the run-off will be carried across the property or stored on the property, 7. 17 10 32x11] l/ O Q 4. Signs As per the sign ordinance. 5. Off-Street Parking New development must provide parking according to the regulations of Section 35-301 of the Code or Ordiirances. The total number of parking spaces required by any o tie development is a factor of the land ure and the building sizes. 6. Landscaping This property will have to comply with the new Landscape Code, which requires fifteen (IS) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). 7. Lighting t.ichting could be an Issue depending on what uses are proposed. 8. Environmental Quality Impacts ' Nolse, Fumes, Lighting, and other potential Impacts could be Issues, PROPERTY HISTORY ..,,.,4,•.. This site Is part of the original city limits. October 19, 1982. The City Council approved a zoning change on 112,88 acres (including the subject tract) from Agricultural (A) to Planned Development (PD), recorded as Ordinance 82.83. This included 34,85 acres of Multi-Family zoning (limited to 22 units/acre), 15,9 acres of Single Family Detached, 18.16 acres of SF Attached, 1515 acres of GR, and 28.41 acres of open space. May 4,1988• The City Council approved a detailed plan for 2.1 acres of General Retail Use in PD- 41, recorded as Ordinance 88.91. rD August 5, 1988• The City Council approved a revised detail plan In PD-41, recorded as Ordnance 86-144. June 13, 11989. Th'3 City Council approved a detailed plsn for a Medical Laboratory Complex in PD•41, recorded as 89-085. July 7, 1992• The City Council approved zoning change from PD-01 to GR(c) on 10.1834 acres, recorded as ordinance 92.107. A March 3, 1998- The City Council approved a detailed plan for 11,49 of MF-1 at a density of 21.5 units per acre (Pebble Brook Apartments), recorded as ordinance 98-062. O The subject property Is not platted and would need to be platted prior to any development B, 32X111 w 0 > .u. . u.,. .r i.a r-.r „ '.NiM°r'.wN.riK"rmO 3a'10'Vn/I'YVO MImrVU}tI »m.Y.•> Wnltian:"TS'+wn. ~ ~ r Notice of the zoning request was publlshed In the Denton Record-Chronfcle on October 18, E 1998. Six (6) property owners were notiiled of the request on October 16, 1998. As of this writing, there has been one response in favor of the request. The applicant declined to have a ~~rrrneighborhood meeting. r ON aZ-M Staff recommends denial of Z-98-049, based on the Inconsistencies with the Denton Development Plan and the Denton Plan Pollcles, If the Commission chooses to recommend approval of the rezoning to Commercial, however, staff recommends that conditions be placed on the Commercial zr)Ong to Include: A maximum allowable floor to area ratio of .024•,04:1 (as per table 3) • Eighty percent brick exterlor • Limited access onto Loop 288 r r r.Y.d rti r' Sla 'v r ,.rn.. y f ~'..u. •.3«v.'d ,,r - I move to recommend denial of Z•98-049. A C AVIV ~ `MV i' jt~ `+~r 4~ M`xT'."l1rMRN.r~`±`tr~ ~A ~1~ 1 ,H~r idly 1r Recommend approval as submitted. 2. Recommend approval wlth conditions. 3. Postpone consideration. 4. Table item. I ENCLOSURES 1. 200' Property Owner Notification Map. 2. Zoning Map, 3. Utility Map. 4. Denton Plan Matrix, i , 6 9. , g 32x~~r 4 Y 1 r &VASA Y' " .~,..a. '1r y. na.f r'YYrrf9l 4aI'r '.M1pb[fr?L.MIrMNf.CEY'CUPoA'Sp.Y YS¢Me/nY rnV~r5 db . 1{ 1 1 Enclosure 1 1098 200' NotiflcatQn Mao Z-98-049 N w E S ~r .y 3 i I0Y I u , xr It 32X 10 O r ~.,n v.... sL~a n ~ s ~ _ n an.^1p" o- µ#s;. M1'~M4M1aa!ib~M1>M1n4VF1M:AH4N.n1Mw.MwNMR+o.ne..e.~ v ~ r - 4I Enc1QluEl 2 1998 Zoning Map I Z-98-049 N r of M W E A D fY A A PD D PD S 4A PD D PD I D D ll k 1 i v r I 1~1 1 10 I Encigoure 3 1998 Utility Map Z-98-049 ,f N rV E r L S 1 I , • Una Water Lines Wastewater Lines Electric Lines • Plre Hydrants I'. 12. - - :E, ?h x 1❑ 32x~❑ r U f Enclosure 4 1998 Denton Plan Policies Analysis Z•98.049 1998 Denton Plan Pollcl 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 he inconsistent with tho policies of the 1998 DP, The table below provides a siimman; of the 1998 Denton Plan Policies applicable to this project: Denton Plan Policy Analysis Summary Development Rating vs. Polley CATAGORY POLICY Inconsistent App ude consistent Transportation. compliments Denton's i Range Thoroughfare Plan. Promotes Access Management Pracroces X Optimlres operations for emergency, service prodder and other "u c service providers. , . X Promotes pumic tr.nspotatioo ryslem. X Contributes to the Denton Tram; network X stormweter Drainage. Protects 100 yeaf floodpan areas in accordance with p Denlons watershed management plans. X Cordons to oral subdivision regulations. X Contrltwtes to regional detention facilities, X Provides for natural riparian enviro,anent along flocdplain. X Upgrades existing substandard drainage systems as Infill X and redevelopment occur Water and Develops and maintains property and private i Wastewater, Infrastrw.ture. X Cre ales opportunity rot overwing water and wastewater lines to meet future development demands _ X Provides review od proposed water and wastewater infrastructure to ensure public safely and healtli. X Promotes Infill Improvements ove; new line eAensions, X ' S Fla le. Provides underground eli lc service for new resldenaal - and nonresidenbab development. X Solid waste. Promotes efficient access to an development for surd waste service delivery. X . Darks and Recrestlorl. Locales parks and recreation facilities in Mrdance with X the Parks and Recreation Strategic Pan i Enhances parks and recreation oriportuntl fa resldenls X 0 Preserves flooddain for parks and open space to aid in Q Q floodplain conservation efforts, X r Allows combining of park! with other public feoli lH to 6` , st act ieve cost effective delivery of public services. X Residential development al ld dedicete land or fees in X , lieu of land for neighborhood parks, Environmental Quality, Promotes preservation of natural resources,' x '+g 11. s~ "4r I • .i. a }j ,,1 e aoeuaa . 0 I Denton Plan Policy Analysis Summary Development Rating vs. Pollcy CATAGORY POLICY Inconsistent consistent 1meor+het ernlrorvrxnw votection with ecnnornk "A" and community tkvelopment. x Neighborhoods. ProAlm anom to public and corsnunity fadllbes for residential neighborfooX x i k. Encourages a mixture of land uses that benefit residents > Protects and preserves tift ng nelghbortaods. _ a Promotes be and pedestrian tramc within and between nNphbo taodt to reduce w0cular blix x ' . stoning. Provides a range or tousi; types flat eppeat to d1fre" ecv &Nc and Indlv"life-aty, x Offers as varof single-family tit slm, buUng it ~ %r' and " ranges, x Preserves exist)ng housing, Induding Mendable housing. x lnaeases inHp housing construction, x Economic CoObutes to a strong and d Ir"fled local toonomy by g~7likry^, x Divenl&atlen. Irweaslno employment and expanditg thk px base. M dOVeTmentn Encourages Intergovernmental CoOrdnatbn rA Provide [Aberfecb" publlc seMoes. Urban Dasignn Addresses OOmmuMty appearance in a omWeheMvt sy t ~ Sn,,, manner. _ Oiversfles arthltectura! appearance of built endronment. Neighborhood Inflll development O*Ad be conpatibk ~ h with exisbng land uses and buildings. ^ i Protects and preserves Deriton's ard4techad, a.@ural and x h l Notomcal resources, Myi Enhances the appearance along mayor tntranaways.~~; ~r Promotes the pesenva on of !reef and tandaraping. Y OsrW1c Involvement. Prowdes an opportunity for public oo*I during the planning poem, x 0 r 1 { n,. I ,rrrj I v , 14. 1I 1 n t s ! P r o , J-yAaY.r!J , O V ATTACHMENT 2 j EXCERPTED DRAFT MINUTES DRAF PLANNINO AND 20NINO COMMISSION OCTOBER 29. 1998 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday. October 28, 1998, at 510 p m. In the City Council Chambers at City Hall, 215 E. McKinney, Denton, Texas: Present. Elizabeth Gourdie, Sally Rishel, Jim Engelbrechl, Rudy Morano, and Bob Powell Absent. Susan Apple and Card Ann Ganzer Bob Powell led the meeting In progress Present from Staff Mike Uucek, First Assistant City Attorney; Mark Donaldson, Assistant Director of Planning; Wayne Raed Planner I; David Salmon, Engineering Administrator; Rick Svehla, Deputy City Manager; Trlns McElrealh, Planner II 10. Hold a public hearing and consider making a recommendation to Chy Council concerning a change In toning on 34.047 acres from a Planned Development 41 (100-41) toning district to a Commercial (C) toning district. The 34.047-acre property Is legally descrlbad as Tract 2 111.238 acres) and Tract 3 (22.909 acres) In the M. Austin Survey, Abstrant 000-1. N Is located on the west side of Loop 288, approximately 488 feet north of the T-Intersection of Morse Road and Loop 288. (2.98-049, Loop 298 and ` McKinney, Trlna MaElroal Commissioner Engelbrecht Item 10 this evening, then, is to hold a public hearing and consider making a reoommendalan to City Council concerning a change In toning on 34 041 acres from Panned Development 41 to a commercial zoning district. The 34.047-acre property Is legally described as Traci 2 (11,238 sores) end Tract 3 (22 809 acres) In tl~e M Austin Survey, Abstract 0004 It Is aided on the west side of Loop 288, approximately 485 feet north of the T-Intersection or Morse Road and 111200, Ms. McElreath Is going to rive us the staff presentation at this hme.- Ms. Trine McElroath presented the staff report, Ms McElrealh Thank you Commissioner Engelbr4cht -report. Ms McElrealh The 1988 Denton Development Plan shows that this Is within one of our low intensity areas Immediately adjacent to a moderate Intensity area to the north Sled finds the f oposed development to be Inconsislent with both policies onJ trip intensity slendards of the DOP. Traffw counts to [his section of Loop 288 are nor available, however, the site of the proposed addition does infer polentlally large impact on IrefNc. Some existing Infrastructure Is available, however, until future development proposals are submitted, exact Infrastructure extensions are unkncwrn. The addition does not meet the neighborhood category. On page 4, you'll note that there ere some trip generation tables The following tables provide three sample land uses and are not all Inclusive of CY potential use under (his zoning classdaation. They are merely three examples of what could go lhe,e. Table 1 is R24ptIA, Ill on Iplese properties You'$ notice that au Land Inch S T 2 Ilepslge generations ranging Lnde T 51A 11)n fe lets times the a 1my t etr~generation general for to low e~dy, are at a quarter of what could be put on V ere. You'll natica that the trip generalist has been reduce to 1 113 to a We over 61h limes the allowed trips, which Is dill considerably higher that what the DOP allows for, On the following page, table 3 Allowable Land Use Trip Generation based nn the DOP recommendatons. This would mean 0 they didn't 0 generate any more trsff d then wnat our Denton D . opmenl Flan allowed, they would be limited to the, roughly, 50.000 to 87.000 square feet on this pruperty, which, fa thew kinds of uses, N very small We Illustrate these just to O 0 show you thal until we have some proposal, until we know what they're doing d have some s irl of idea, Those are Ina ranges or things you could see out there. Commercial toning does all quite a few different kinds of uses, 1 r Including some plants and •ther uses that are not necessarily what we would cons,dat 'friendly' for neighborhood residential areas The list I -uses that I have shown you, while they're not noxious, they are hph Intensity as far 05 15. I gym 't'y.L.K r A~r~f r 1+~' i~~r_xta~~r Stan ar v 'At • a . rvar»u Planning end Loring Commission Minutes October 28, 1GIN Page 2 of 10 k traffic is can, ;tried. The subject proper ir is rat platted and woub need to be platted prior to any other development-any development As far as public notice goes, six property owners were ratified, and to this day, we have two ,esponses Both are in favor. Tre applicant declined to have a neighborhood meeting, and staff tended to agree, because there really were no neighbors to meet out P ire I'M answer sul quest'x>ns that you may have. Commissioner EngelbrechL Commissioners, questions? Ms. M•Fkuath, the pel4ioner was aware of this Ms. McElresth: This report. . Commissioner Engetbrecht: ...the problem the/ were having will, 6neir intensity? Ms. McElreath: Yes, sir, Commissioner Ergelbnshf And they chase to come ahead? Ms. McElreall They were- we discussed this with them Wore they Submitted, as wen as after they submitted, and they've also been provided a apv of the report. Commissioner Engelbrechl. All dght. Okay. Thank you. Mi. Rishel. Has there been any communication with the developer since you put 1q sher the summary sheet on the Denton Plan and the checklist that we have on that? - ms McEli I did supply them with a copy of this report exactly as you see R, and there was no communication with them sine Commissioner Engelbrec'rl Any other questions for staff? Thank you. Ms, McElreath. You're veLoome. Commissioner Enge'oreehl: Is petRioner or petitioner's representative present? Please give us your name and business address. Mr. Key. I'm Kent Key, 3524 Berlmonl, and John Rainey and I own this plea of And together up there-thirty-four acres on Loop-288, and II Is a PO tight now. It's a PD fa multi-family and Single-family housing, and as you wen know, we're in one of the biggest residential booms of time, probably In the history of Denton. We haven't been able to market this piece of property for singWifamiy use at all . That has been-that iroa out there-11 think everybody's pretty familiar with that area, Wa have Lowe 's oul there: we have GTE Service Center out there Ware firing to have a radio isotope plant built adjoining this plea of property, It's going to W hard to get the people to We in a single-family neighborhood that abuts that kind of commercial development-that kind of Might industrial development. An a ound this property is llt~ht indu trial. The reason we d4ml have @ neighborhood meeting Isbecause Ihe,e are no neighbors. There Is no nelgi borhood out there There Is no other single-family zoning pull there that I could find, It's all light industrial or commecial, or down art the corner Is In general retail. So, thlc Is actually not an sccurale drawing of ouf piece of property Our piece of property cuts right through here. Sh,; s highrghted lhh whole area, but that's not our piece of property right there. I thin? staff has given you a little bid of a distorted view of the trip S generations that this is going to generate, Staff has Dnsed an of their numbers upon 34 acres. This piece of property has epproximalefy 20 acres of floodplain on II And about 14 to 15 acres of useable land. The trip generations could never amount to this, unless we bring the other half of Denton over there and fn In this land aver there. So, the Irp generations are very Inaccurate as to what could ever be produced on that plea of property based on 34 arse. because we don't have 34 useable acres over there. It seems Mike to me that most of the g•nMh is devek p ng lha! way along Loop 288, 11'e mostly commercial, retan. We tave Lowe's right down the street. We have several pe,?pir that have been interested in the property a3 for as commercial, but nobody Interested in the property as for as s ogl , family, and, of course, we have a hula multi-family development going right across the street from cal. right now • "f- were trying to limit the number of multi-family developments in that area. I think this is a good opportunity Ice set V back and not have another multi-family deve4ment right there on that particular front little sector, that we have right there. Anyway, thal-we don't have a specill use for the piece of property We're just trying to change the zoning to be able to ma'ket the property. 16, x ' h s ' 'I 9 , planning and Zoning Commission Minutes October ter 1998 Page S of 10 Commissioner EngslbrecM: Questions for Mr. Key? Have you-4 would like-have you-did you talk to staff at all about studying that area to consider... Mr. Key. No; I don't know.... Comml-sloner Engeaxecht: ...a change n.r.. Mr. Key: I don't know where those comments came from We haven't had any meetings. I received this today, to I haven't talked with staff about any of those comments that she had addressed. We did-when we look It In and originally sal down and showed them what we wanted to do, that was-we were told that was a large step for that area... Commissioner Engenxecht: Yes. Mr. Key: _&n6-,x4 that's the only comment, one I can remember that was made by staff. CommissionerEngelWScht: What..., P. Mr, Key: I've had no other ranversations with any-I've never had a conversation with this young lady. Commissioner Engelbrecht: The mason I was saying that, given your arguments that you're making about the area and an that sort of thing, a would seem appropriate that, you know, one of the ways to kind of get around that is to request a study of that area to ace a you can't gel it moved out of low intensity Into a moderate or something else, to then the zoning would be consistent with the Denton Development Plan. etc. etc Mr. Key: I understand, but I also understand an of the new Denton Development Plana that we're looking A has that an as high intensity down through there, and I'm hoping that we don't have to land ourselves to"'88 ptss exactly, and we can use a little bit of foresight to go forward. Commissioner Engetbrecht You had Indkated how many anise were in tl,e floedplain? Mr. Key There's approximately 20 acres In the fkodplaln. TI4re s approximately-I believe there's about 15 awes of useable land over there. Mr. Donaldson: Actually, If I could comment-our definition of floe area simply matches the developed space against the total area In any lot; and a lot would, Infect, Include floodptaln unless it were dedicated Mr. Key: Itut If I don't own that ffoodplan, I dedicate it to the Coy Mr. Donaldson. If M were, n fad, dedicated to the City, then that's a hone of a different color; but we donl require that you dedicate a to the City. and the representations of three samples. I bellow, are sco rate about what could, in fad, be built on there without a minlnum-cr without a maximum Ibighl In the commerciat zone district. You can put a whole lot of development o a smallpieos of ground with s . r Mr Key: Wen... Mr Donaldson ...2-lo-t floor-area rata Mr Key ..41 think.... ; Mr Donaldson: Now, the market may not dictste that, but without any other aaernatfves offered by the applicant, we're forced to kind of onayza that at wont{ ass scenario. Mr. Key: Wen, 9, ou'd like to do some Vading, we can do some trading, Cceimissioner Engetbrechl: Okay. Pry other questions for Mr. Wr Thank you, skr Mr. Key: Okay. Thank you. 17. r f 10 e am" ~ o i a0,11i all Planning are Zoning Commission Minutes October 28. Page a of 10 Cnmmissioner Engelbrechl. Is there anyone present who would like to speck In favor of this petition? Anyone present to speak In favor of the petition? Anyone present to speak M opposition to the petition? Anyone present to speak in opposition to the petition? Given no oppos'it'ion, we waive rebuttal. The public hearing Is closed. Ms. McElreath, any first staff comments? Ms. McElreath: I did have a brief discuss'an with Mr. Salmon about our floodptain. 1 did--we used our shape %a to determine where the floodptain was in this area; and winkle some of this Is h the floodplain, N down'treflect that In our computer system. But most of that Is reclaimable. Just--we throw that In-food for thought. We would allow them to reclaim most of that K they those to do to. Commissioner Engelbrecht: Oh, t was going to ask you-the lights are going, folks. I was going to ask you-4 know that we have drainage work In these areas over In here. Is it possrole 4'rat some of that would pull soma of that floodway out? But wt.3i. you're suggesting is that ft actually isn't In there now; N could be back-filled 9 they w inted. Ms. McElreath: Well, there is some floodway through the property, so all of N wouldn't be reclaBn.ble, but a large majority of it would be reclaimable, If they chase to do to, Commissioner Engelbrecht. Do you have any Idea what 'Writs' means? Does Mr. Salmon know? Any sense of.... Mr. Salmon: I'm sorry. f really don't have a sense of proportion. I think I can ogres that a large portion of this property Is in the floodplain, and I don't think ft's any secret hurt ore City of Denton would like to obtain thet flloodplein as a greenbelt. But as our ordinances are structured right now, a large portion of that Nroclil could be reclaimed, and they ere only really required to dedicate the fioodwsy So, you know, there's--t think we do need to take into account some of the fioAptaln property because, es N Is now, a considerable onWUnt of the floodplain could be reclaimed. Commissioner Engettrechb Okay Any other questions for staff? Ms McElreath, do you have any other find comments? Ms McElreath: No, sir. Just a recommendation. Commissioner Engelbrecht. Commissioners? Any comments or a motion? Ms. Gourdie, I was just wondering-if we were to postpone this, because Ho me p Ia wasn't very-Il didn't give me an Idea of anything. I wanted to see, you know, after oven we Wiled obout floodplain, I wanted to see a topography map I wanted to see what the elevations ware-how much of N Is in the flocd(•rain. I mean, It's one word against the other. I'm feeling very, kind of, frustrated like we're getting pulled two different directions without enough Information, I would like to see N come back with ffoodplain--cile, you know, kind cf, what their, kind of, Ideas; whet parts will be dedicated off this part, what part they're going to build on. I'd fro need to know-4'm curbua about Loop 281. Where b that going to-IS N going to continue'.ke it Is once the ec;enslon goes In, a are they going to cut It down to of, thro•-igh, 'Ae right past Lowe's, or haw is that going to work? Isn't that going to affect the property also? I mean, Sheri s just so many things that that area-there's ao many questions with the Loop being changed and the fioodptain and everyane building their property up that 1 don't feel we've got enough answers to the questions Commissioner Engelbrechf Lot me ask two things. First off, Mr. Donaldson, If we, d this is denied, how long before S N could come back. Mr, Donaldson: The applicants could, in fat, appeal the denial directly to Couneq and lake VK, request to Council. Commissioner Engelbrecht Assuming N was denied st Council,. ti Mr Donsfdson, By further restrkting the toning, they could come back immediately, as kmg as N's a rnors restricted form than you're seeing today O Commissioner Engelbrecht AM by more restricted form, you mean- condNions9 Mr. Bucek: Yes. You would add conditions to-you right eliminate some of the things you could do In... Mr, ftishet. The uses 18. MENEM • I ,rpamxa 1 Ptanning and 7oninl Commission Minutes October 28, 1998 Page 5 of 10 ` I ~ Mr. Sucek: ...a commercial area, Commissioner Engelbrecht: Okay Mr. Donadson: The uses, the floor-arra rata, maximum height. Mr. Rishel: Mr. Chairman, It sounds to m ii like we've got two pertfes that need to do some mo. a talking: a developer that would like, what appears to be, a logical charge of zoning that we have-that's something-thust's more appropriate for the rest of the environment In that area-and a City that nos somr definite changes with regard to our topography of our area that we're looking to In the future. So, h certainly seems eppropriaie that we look at some sort of action on this between the City and the developer. Commissioner Engelbrecht: The reason I wee asking about denial was just simply because 1 wanted to we N they could come back I don't want to deny anyone the right to come back quickly, you know, with this, So, It would appear that denying this motion wool do that; to that's an option. We could postpone, but I would agree with your perceptions. Ms. McElreath: Mr. Engelbrechl, I would also Eke to add that If Is true that I have not spoken with Mr. Kant Keys. He's been out of town up until the list couple of days from my k oderstandine. I've been working with Mr. Rainey. Commissioner Engelbrecht: Okay Thank you. Mr. Sucek: I think one of the things that you need to keep In mind, N you want to postpone as we did In the other, where we talk about a study, It might be good in this case to imply or refer to staff the kind of stuff you want and make h contingent on the applicant providing staff that Information, because the whole concept of studying means that two sides are working on M, and we need to be sure there's some leverage on staff to be able to work with these forks, ` Mr. Rishel: It seems rather apparent to me that his conclusion that this whose environment has changed from a residential arep to more of a commeroioUretall type area Is very logical, so I don't know what sort of study you're referring to Mr. Sucek: 1 thinking that what-for one thing, we didn't even have-we don't have-I'm not sure vre have the dimensions correct I think one of the things is k could wag be that this Issue of the floodplaln-we now some cooperation. That Is something they're wlhing to work with us on to try to determine those elevations or whatever may need to be done, { Mr. Donaldson: And also N, with respect to the Denton Development Plan, we could. quite idereny-could, In fact, change the plan to reflect a moderate actMhy, center In IN$ area, which would raise the intensity threshold. Ms. Gaurdia: Is there a.... Commissioner Engelbrecht. f might ask staff N they have any comments with regard to how they might like to sea this handled. They're the ones that are going to have to do the work S Ms. Gourdie, Thank you Commissioner Engeibrechl: ..,dawn the fine. Mr Donaldson: Wen, the 1998 Demon Development Plan is the got we're dancing with right now,.. Ms. Gourdie, That's right Mr, Donaldson: ...until we adopt another one, to we're kind of working within gale parameters It Mows some 0 flexibility but certainty not the type of straight commercial zoning that's in our zoning regulations. I can't me us A getting to low Intensity without conditioning the commercial tone district t~~' Ms, Gourdae So, what you'd like-I guess I'm Just-to Investigate changing this area I o a moderate Intensity, to understand the topography of the land (where the floodplain hes), to get straight what Ihr land alto looks Mo. what 19. r, * 10 32X Mauna 0 V." :w Niming ind Zoning Commission Minutes Udober 28. 1998 Page 8 of 10 we're actually-what the---I gues% because we didn't have that right were the three issues, and also how Loop 288 Is going to affect the property ksel', since that's all being rearranged, too. Would that be the four issues that.,? Mr. Donaldson: Anythog else. Trim? Ms. McElreath: Wen, the Denton Development Plan offers two ways we can address the situation. One ls-for this specific bite, It t ays that,'ff a specific request violates a general policy of the proportionate allocation, a determination j should be made whether there are planning considerations that would warrant approval of a disproportionate allocation of Intensity. It may be more desirable to albcals more kip generation Intensity to a proposed development that Is adjacert to an existing major thoroughfare' The o'.`.er thing that the Donlon Development Pion allows us to do is perform a study that's been suggested and that would require the Planning Commission to direct us on how they'd like that study to be conducted on changing the acth ity centers In this ores. - Ms. Gourdie: fm sorry. I forgot my four Issues. I was listening to you, and I didn't hear-okay,. so, would you like me to put forth the,. we postpone k for the staff to Investigate those four points, or do you just want to deny a and say, 'Staff, lake care of il' Mr. Bucek I believe she's talking to you. Commissioner Engelbrechl: Well,.,.. Ms, Gourd* I know you can't say-I guess you and I are the only ones talking here. Mr. Moreno--Safly9 Commissioner Engelbrechl: I.... Mr. Moreno: I'd like to see II postponed for further study Ms. Gourdie: Do you have any issues that we need to tell them what issues we want them to study. Mr, Moreno: The onea that you've enumerated Me. Gourdie I was so afraid you'd say that. Can you let me what they were? Commissioner EngelbrechL Well, you know, staff can go back and look at the minutes. Ms. Gourdie, Okay Commissioner Engelbrechl: That's going lobe In the minutes-verbatim. Ms. Gourd le Thank you, Okay. I move.,. Commissioner Engelbreeht, Let ma just Interject. There's a question of how" we want to postpone this, and I'm not sure that 1998 Is sufficient, given we're talking Mr. Rishct Other things on your plate, A Commissioner Engelhrechl: Right. Mr R steel, You're looking et staff. Mr Donaldson, And we hove to write a Comp Plan somewhere between n•>w and then. Commissioner Engelbrechf, N's not that ft couldn't get done, but would it be better M we gave you P little more time In this particular situation? Not that you might not get done, but at least you'd have the outside..., Mr. Donaldson: Provided tit opportunity for more time, we would lake 11, b you put M Bat way. O Mr Bucek: One of the things is the b gth of time you set controls how deep the study can be, but there's some concern about leaving 11 loo open-ended because the applicant hat certain rights, too, I think the minutes well rallied the issues are out here as to how we can justify R. but 1'd be very cautious about not tying N-you know, I said IM 20. r., I t,~ 32 I d ,mess i Planning and Zon'mq Commission Minutes October 28,19911 Page 7 of 10 because we know there's three regular meetings in 1998, If you're going to go beyuod b at. you need to pick, let's say, the second regular meeting in January or something to they,... Mr. Rishet Unless you tie R in as a 30-day Iimil-Is that cenecl? Mr. Bucek, There's a 30-day limit on plats. Mr. Rishel: Okay. Mr. Bucek: But I don't think we have a kmil on xonug. Commissioner Engelbrecht, The reason I brought this up was because we're talking about studying the Issue of an intensity area, which is a little bit more Involved than one small two saes or something. We're looking at that whole area, in essence, along Loop 288 there, as I see R. and so that's a Mile more time to study. And so, I guess I asked staff is the-is sometime-is February a reasonable time? Mr. Donaktswn AkbsOutey. Commissoner Engelt recht: I mean, that doesn't preclude the petitioner from coming In and too" at this trying to get this thing done qu drer, but 1 want to also have st3fl time to study this thing because there are two Issues. , Mr. Busk: One thing I need to be sure about, because I haven't ever waked through this berors--U you're deck on is to postpone, I'm assuming (to February), I'm assuming that can M oppeated directly to the Council: or Is R only 0 R's a denial? Mr. Donskfsom I have to look that up. Mr. Buck: See, I don't have that answer, and that's why I'm just wondering I we ought to Inquire from the developer? Ms, Gourdie, Yes, because I.,. MF, Bucek: What he feels about a postponement Ms. Gourd a: I would, I mean, looks like he would probably went to gel on the ball. Mr. Bucek: ..,until the first meeting in February. Me Gourd* Because, and maybe we could do R where, to the basic things that we'd get Into--traffic, were the Loop 288's going, what the topography N-) mean those bask: lhings, but I think to really sctually Investigate the moderate Intensity thing, that's something that I think takes "a that I dont think that's fair to Mr. Key to Bay.,,. Commissioner Engelbrechl: No. I agree. I understand, and R you'd like to talk to the Wrtonef again and ask some questions? Would you As to do that, Commissioners? A Mc Rishel. Yes. Please, S Commissioner Engelbrecht. Okay. IAr Kel, would you mind coming down fa a moment? Mr Rishel, That was s majority of three, I think. Commissioner EngervachL I think R should be pretty obvious what the Issue Is here Wed Ilks to we you get this worked out with staff-and phase interrupt me, Commissioners, R you don't think this Is corred-but as part of that, we want'o make sure stiff has sufficient time to t:y and address this Issue of a moderate activity center versus low intensity , you're probably right, but it's got It, be studied, We don't want to really go against the Development Plan Q • we have now. We know we have awlher one in progress, but we really need to mole sure we've covered our bases } in terms of studying that. The other slide of R is we don1 a aM to hold this up loo long, Mr. Key I guess my question would be-$ you postpone, an Igo onto City Council and ask for approval? That was my--that would be my question. 21. 32 X %Moo rr O l planning and Zoning Cormmis ion Mnutes October 29,1998 Pap a d 10 Mr. Rishel: Then we have a choice of postponing of denying, Mr. Buck: See, that's my concern. I know If they deny d-d you'd say you'd rather them deny you than postpone you, that lens them somedhing to think about. Mr. Key: Night. Mr, Bucek: I don't think we have a direct answer. We know that y it's denied, we an appeal ft; and the concept Is if We postponed, k's SOI50, and 1 don't have th4; answer. I Just don't haw that answer. Mr. Rishel: I think N you want to go on to City Council, than ft best thing I-: us to do is to deny d. Commissioner Engelbrecht. You're saying you'd Oka to go on to City Council? Mr, Key. Wen, I'm saying I probably don't want to wad until February a March or whenever ft City gets around to doing whatever study this is. t don't know exactly what you're to" about for the study of the ores. I mean, I think.... Commissioner Engelbrecht: Now, I.... Mr. Key: I guess you need a study to raise the intensity out there, but apparently there's skeady been some studies done out there because the Intensiy is an raised around d. I mean, I'm thinking..,. Ms. Gourdie. Wel,.... l Mr. Key. Am 1 the only one not seeing the light here? Ms, Gourdie: Wel, no... Mr. Key: I mean, what's the deal. ;AS. Gourdie: Just because it's b..m zoned differently doesn't mean that tl'a changed dm Intensity Is". I mean, oil of us are In different l th Intensity zones, and just because they've zoned Ili that way doesnl mean that It's changed what the plan's Intensity concept was. That's a whole diNerenl Issue, and thal'e why we're redesigning the Denton Plan is because these things have changed. You ju,t earl change the batch every time you dos zoning, That's not how d works, They don't go hand In hand, and 1 totally agree. Yes, we've got tons d this light Industrial. Why on earth Is this still low Intansdy. it's because we're working on a... CommissionerEngelbrecht: Anewolan. Ms Gourdie, ...10-year-old plan that should have teen changed B years ego. Mr. Donaldson: And light k4ustrial is pulls often low htenalty in terms of trip generation. International Isolopes, for example, has a building on a 20-aoe lot in one buiidlrg. 1 donl remember how many apua:e feet VW have, but h terms of trip generation, l Is low intensity, which is our primary standard for measurement these days. Mr Key, But you don't want to buy a house next door to the property. Mr Rishel, And we don't disagree with you on that. I don't think we see this as residential area aaher. Ms Gourdie Righl. We don't Mr. Key, R ghl . Mr, Rlshet. But.... • Mr. Key I understand. I guess I'm just trying to see-1 know that some of those otter areas have changed that are right around me, and that's why I'm saying was there not ever something done.,. Ms. Gourdie: Well, that's why... 22. r'~ lr s .s a x, l.J' 32 x I t F 01 I ON" 0 I o ' 'POP114 . Plan: Ing and Zoning Commission Minutes Odouer 28. 1998 Page 9 of 10 Mr. Key. ...around M. Ms. Gourdie: we're trying to get this Denton... Commissioner Engetbrecht: They were already zuned. Ms, Gourdie: .,,Development Plan to work. Yes Mr. Key: No. They were not. Right down on the corns,, that stuff was not zoned. Dennis Co, -itook that and got it zoned Ms, Gourdie, Well, N alb-when the plan first came around, it was as agricultural and then they kind of did their PDa and they did certain... Mr. Donaldson: Yes. Ms, Gourdie: ...areas as certain things. Mr Key I'm just talking about within "lost couple of years this was happening. Me, Gourdia: All N is is we agree with you 100%. We're jusl concerned because we weren't presented with really any-we ddnl know about the lleodplain. That was thrown upon us. We werenl really given enough Information to rr Ae a decision that's going to Impact our city. Md It's like, we're as Commission want-we want to see certain things to that our decision reflects upon the city In a postue way Gnat we can get people to and from your development, that we can get people home salary, that we can do sit these things. Auld we don't have enough InformaWn to make this possible for you And that's why we're eshing Mr. Key: Could you make P,' possible by the next meeting? 1119 Gourdie, Well, we earl.... ,ommissioner Engerbrechb I doubt R. Ms. Gourdie. City staff can't gel together than 6 dormaton, but 0-1 mean, I think M we preclude saying Invesligatng 1 the increased Intensity act" thing, N we say put that off as not pertaining M his development but es something that 1 we need to do as a Commission and as a staff. We need to Investigate that w when the next person comes up and says, 'I want to do Ihis,' we've got N available to us, and let Mr, Key, you know, bring this information to us so that we can approve it or disapprove N. 1 just, t feet like we're holding him W. Mr. Rishel. I don't want to get into your-I mean, do you have a buyer that's ready for this piece of property? Mr Key: No Mr. R shel, Is k-okay? It sounds like there'a a kale bat of time here to look of it crNicaity though. Mr. Key, Yes, I mean, I don't mind looking at 4, and I don't mind going through the process, but I donl want to go through a process that's going to take 3 or 4 months.,. Ms. Gourdle Right Mr, Key and me have to do a floodplain study and an these other thinga that we need to do just for zoning, That issue wiil come up derinilety In platting, and we will e•nswer that Mus In platting, But In zoning, I don't think that's part of a zoning case of how much of my land I need to give for that. I don't think that has anything to do whh my zoning i case. O Ms. Gourdie hr, but it has-trip intensity has everything to do with zoning becauso we don't how much of your land Q is usable , How much land ere you going to be using and N you only base our Intensity factors on how much land- you know, we're told you have to many acres, but then you coma back and say, 'Wall, 15 of those acres arenl usable' So, N changes the whole ac'narlo. If you come In with this Information, Trlns can do her Intensity study, and we can cor a back and say, 'Yes, Mr. Key. It's beautiful 11 woks fine.' But right now, we didn't get that Information 23. 32X~~~ , f sasses , r O ' utiaunr I Pisnnhg and ZanIng Commission Minutes October 28, 1998 Page 10 of 10 and right now k looks horrendous, and as Mr. Donaldson said, M's the worst case scenario. It's the only way you can present h. And It's not trying to be difficult. We Just want to see that we get ft best possible product for the city of Denton, and we just need more Information. That's a8 we're asking for Is please provide us a Aft bit more Information and we'll go forward. Mr. Kc,: 1 just I mean. I'll let you guys... Mr. Rishel; I mean k sounds to me like Mr,., Mr. Key: ...pwiporm A for a meeting or two or d" N, whichever one... Commission Engelbfecht: Okay Mr. Key. -you would rather do. I meen, thAt's..,, Mr. Rishel: t would say the most beneficial to him is going to be denying the moLOn. Mr. Key: Okay; and then I an come tack.,., J Commissioner Engebrecht: I understand. That answers our question. That's k: d of what we wtMed to know. Thank you. Ms. Gourdis: Of course, M he goes to City Council :+'th a denial, ra going to be the same exact nformation, correct? That the trips Intan ly are too high and everything elm Is gong to be... Commissioner Engelbreehl: SLR report goal up. Ms. Gcurdie exact sa. ne way, so he's testy not benefiting. Mr. Rishel: Right, He amlas everything up with him. Ms. Goufdie, Okay. Commissioner Engetbrecht: So, Commissioners, any more comments or a motion? Mr. Rishel: I'M make o motion. Commissioner Engettecht: Yee Mr. Rishel: I move to recommend denial of Z :7"0. Commissioner EngelbrednL Is there a cond? ° r. Mr. Moamo f1 second, 01 Commissioner Engelbrecht: Any discussion on the motion? Motion Is to dent the rsgwst recommend denial. M In . favor, p:essa raise your right hand. Motion carries unanimousy. - 0) I i PUI3280NINUTES-Excerptedlreml0doc A , 24 NMI yA J: J" r v v ID ATTACHMENT 3 w "C" Commercial District PERMITTED USES2 Primary Residential Uses One Family Dwelling Restricted Community Unit Developm.nt Dormitory, Hoarding or Rooming House Hotel or Motel Educational, Institutional & Special Uses Art Gallery or Museum Cemetery or Mausoleum Church or Rectory College or University or Private School Community Center (Public) Day Camp Day Nursery or Kindergarten School Group Homes Halfway House Home for Care of Alcoholic, Narc ~.in or Psychiatric Patients Hospital (General Acute Care) Hospital (Chronic Care) Institutions of Religious or Philanthropic Nature Public Library Monastery or Convent Nursing Nome or Residence Home for Aged Occasional Sales Park, Playground or Public Community Center School, Private Primary or secondary School, Public or G:noninational School, Business or Trade Utility, Accessory and Incide tAl 11ses Accessory Building Community Center (Private) Electrical Substation Electrical Transmission Line Temporary Field or construction Office (Subject to Approval and Control by Building inspector) • Fire Station or Similar Public safety Building Gas Transmission Line and Metering Station Home occupation Off Street Parking Incidental to Main Use Off Street Remote Parking Public Building, Shop, Yard of Local, State or Federal Government Radio and/or Television Microwave Tower e Sewage Pumping Station Private Swimming Pool L Telephone, Business office 1 Telephone Line and Exchange Switching or Relay Station Water Reservoir, Water Pumpin3 Station or Well Water Treatment Plant ' 25. ~ J J 32 x~❑ 1 NOW" 0 I a uci! commeraial District loontinuedl RQcreational and Entertainmgnt Uses Amusement, Commercial (outdoor) Amusement, Commercial (Indoor) Country Club (Private) with Golf Course Dance Hall or Night Club Fairground or Exhibition Area Public Golf Course Commercial Golf Course Public Park or Playground Public Play field or Stadium Rodeo Grounds Roller or ice Skating Rink Stable, Private Club Stable, Commercial Rental Stable, Boarding swim or Tennis Club Theater, Drive-in Theater, Other than Drive-in Type Trans or a i R l& fi Uses Airport Landing Field or Heliport Bus Station or Terminal Hauling or Storage Company r Motor Freight Terminal Railroad Freight Terminal Railroad Passenger Station Railroad Track or Right-of-Way Railroad Team Track Truck Parking Lot Commercial Parking Lot or Structure A~omobile $.grviee Uses Auto Laundry Auto Painting and Body Repair Auto Sales and Repair (In Building) Gasoline Service Station New Auto Parts Sales Stores New or Used Car Sales Lot (In Open) seat cover and Muffler Installation Shop A Tire Retreading or Capping , Used Auto Parts Sales (In Building) Retail and service Tkpe Us e Antique Shop bakery or Confcctionery Shop (Retail) Cafeteria Cleaning and Pressing Small Shop and Pickup O ' Custom Personal Service Shop Drapery, Needlework or Weaving Shop Y Florist or Garden Shop Greenhouse or Plant Nursery (Retail) Handicraft Shop i Household Appliance Service and Repair Laundry or Cleaning Self Service 26. 32 x~~ U I~ s~xn:rY If BIG' Commercial District econttinuedi Retail and Service Type Uses (continued) Mimeograph, Stationery or Letter Shop Mortuary or :uneral Parlor Offices, Professional and Administrative Off Premise Sale of Beer and/or Wine On Premise Sale of Beer and/or Wine Licensed Private Club i Pawn Shop Lestaurant Retail Stores and Shops - 4,000 square feet or less Retail Stores and Shops - Over 4,000 square feet Studio for Photographer, Musician, Artist or Health Secondhand Store, Used Furniture or Rummage Sale Tool or Trailer Rental Agricultural Type Uses Animal clinic or Hospital (no outside runs or pens) Animal linic, Hospital or Kennel (with outside runs or peas) Farm or Ranch I Greenhouse or Plant Nursery Commercial Type Uses Bakery (Wholesale) P Building Material Sales Cabinet and Upholstery shop cleaning and Dyeing Plant (Commercial) Cleaning Plant, Bags or Carpets (Special Equipment) Clothing Manufacture or Light Compounding or Fabrication Contractors Shop and Storage Yard Engine and Motor Repairing Feed Store Heavy Machinery Sales and Storage Job Printing or Newspaper Printing Laundry Plant (Commercial) Milk Depot, Dairy, or Ice Cream Plant Paint Shop Plumbing Shop scientific or Research Laboratories • Storage and Sa).js of Furniture or Appliances (outside a Building) ~ Storage or Sales Warehouse Trailer Rental or Sales Transfer, Storage and Baggage Ter:r,:nal Wholesale Office and Sample Room VEMITTED USES WITH aPPAOVEn SPECIFIC U PEItH2T1 , O • • Primary Residential User ~ ~ f 6sLUai-ier-eemp-or-Y3b 'Howe Park 1 Educational. Institutional & Special Uses Fraternity, Sorority, Lodge or Civic Club 27. r ,7LI 4 x fa 32X o 0 MAW" uC± COz-W=ial Distriot foonttnuedl. Utility, Acg:essory and Inc dental UseL Electrical Generating Plant Private Utility Shcp or Storage Yard Sewage Treatment Plant Recreational Ana Entertainm n- s ' Drag Strip or commercial Racing Go Cart Track gear;~~~ltural Tyne rises Aninal Pound (Public or Private) omm.erc;al Typ t s Flea Market uat,±r■~_ RPenvrCe Storage and Extraction Special industrial Proces r Temporary Asphalt or Concrete Hatching Plant Mixing and Sale of Concrete , 1$@Ii REOVIREMENT$I , Floor/.rea Ratio 24: Maximum yB$'+ REnt~IREM£NT6i } Front Yard: Minitr= 25 feet. Side Yard: No side yard is specified for non-residential use except where a non-residential use abuts upon a district boundary line dividing such districts from a residential district or when the side yard is adjacent to the street, in which event a ten (10) foot side yard shall be provided. Rear Yard: No rear year is specified for non-residential use except where retail, commercial or industrial uses back upon a common district line, whether separated by an alley or not, dividing the district from any of the residential districts listed, a minimum of ten (10) feet shall be provided. BEIORT AEOVLATXONSt Twenty (20) stories, except as noted in special setback required for all structures over three (3) stories. SUP.RL£MENTAL 049OULATI0NSt e o e Parking (Bases on use. See Article 34-115.) i ~q 3~ Lightin 1 4. Landscaping 54 screening d Fencing ' I 28. W "I e ; 0 ATTACHMENT 4 ORDINANCE NO, AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT (PD-41) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION AND USE , DESIGNATION t•OR 34.047 ACRES OF LAND LOCATED ON THE WEST SIDE OF LOOP 288, APRX. 485' NORTH OF THE T•INTERSECTION OF MORSE RD. AND LOOP 288; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. ~ WHEREAS, John Rainey, on behalf of Kent Key, has appl;cd for a change in zoning for 34.047 acres of land from Planned Development (PD-41) Toning district classification and use designation to Commercial (C) zoning district classification and use designation; and WHEREAS, on October 28, 1993, the rianning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will he in compliance with the ! 988 Denton Development Plan and the 1998 Denton Plan Policies, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ` I . Sectio.11. That the zoning district classification and use aesignation of the 34.047 acre i property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from Planned Development (PD-41) zoning dishict classification J and use designation to Commercial (C) zomag district classification and use designation J under the comprehensive zoning ordinance of the City of Denton, Texas. Section That the City's official zoning map is amended to show the change in zoning t district classification. Section III, That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense, Sectiorlll . That this ordinance shall become effective fourteen (14) days from the date of its passage, and the, City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the ~ day of , 1998• f 4 29. . 32X s w"°am c Q swn,~. JACK MILLER, MAYOR A1Tf EST: JENNIFER WALTERS, CITY SECRETARY f BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY r- i BY: i, 1. 4 1 I r Y', 30. , S 11111{ ~~'lM 9 . 25 I 1 2-x ` W O 1 E: r i ZONE fik'llrVN:p DocumentDZANE.html ATTACHMENT S NOVEMBER 3, 1998 MEMO TO THE CITY OF DENTON STAFF REGARDING REZONINO REQUEST A31D SUBSEQUENT DENIAL BY THE PLANNING AND ZONING CONIMISSION ON OCTOBER 28,1498 PLEASE CONSIDER THIS FORMAL NOTIFICATION TO FORWARD OUR REQUEST FOR RF70NING OF TWO TRACKS OF LAND ON LOOP 288, ITEM 10 AT THE OCTOBER 28,1998 P AND Z MEETING, TO THE CITY COUNCIL FOR THEIR CONSIDERATION AND REVIEW. ] RAINE KENT KEY r I t_ I of I I i rl" 7,04 PM 31. 10 I ,I r ,Plat Ma~~ • 40 ~G Q 4 t~ { • m _ 80 9 d G. 04 ~F tf (Q.^^ X11 I Old ~ 2og.i 20 2.99 32 x wait" 0 AGENDA INFORMATION SHEET Agenda No. AgenM Hero 014 Date f AGENDA DATE: December 15,1998 DEPARTMENT: Planning Department CMIDCNVACM: Rick Svehla, 349.7715 SUBJECT - Z-98-054: (1413 E. McKinne)J Hold a public hearing and consider approval of a zoning change at 1413 E. McKinney to change the conditions stipulated in a Conditioned Office [O(c)] zoning district. The .155 acre property is legally described as the east 50 feet of Lot One (1), in Block Twelve (12) of the College View Addition and is located on the north side of McKinney Street approximately 96 feet east of Hettie Street. The propisal is to allow for the placement of an historic structure to serve as an office, which would be larger than the existing structure. The Planning and Zoning Commission recommended approval (7-0) with conditions. (Z-98-054) BACKGROUND u The applicant has requested to rezone this property to change eie existing conditions attached p to the Office zoning category and enable the placement of larger, historical structure on the site. The location of the new courthouse has greatly impacted this area. It inspired the original "spot zoning" request of the subject tract in 1996. Since then, there have been several other similar type developments approved in this area: 110 Woodrow (Z-98 001), a zoning change from Agriculture (A) to Office [0(c)]. I he conditions on this zoning district include controlled lighting, a maximum building height of two stories, and a landscape bufl'cryard along side and rear property lines, it 4 Shystcr Heights (PP-94-057), a subdivision to allow the development of a lawyer's office adjacent to the 110 Wood^o, e rezoning. This site had already been platted and zoned for this use when the courthouse wenl in. v A ne,.v legal office at the southeast comer of McKinney and Janwe. This site had already • been platted and zoned for this use when the courthouse went in. PD-161 at Woodrov; and McKinney, immediately north of the Denton County Law Enforcement Comrtex. This Planned Development allows all uses permitted under General Retail Zoning District and has a maximum allowable height of three (3) stories. Legal Offices on the south side of McKinney, north of the new courthouse. :u The subject tract had several conditions placed on its Office (0) zoning district category due to the surrounding lend uses, which are primarily residential. These conditions are as follows: t I . Use of any structure is limited to offices, professional or administrative. J 2. Lighting shall be designed and maintained so as not to shine on, orothenvise disturb, ]I surrounuing residential property, 3. Owner shall comply with the provisions of the City's Landscape Ordinance (Chapter 31 of the Code of Ordinances of the city of Denton, as amended) upon using the site for an office. I 1..1 { 32X WOW" . 0 i Ya78 r-M f i 4. The maximum height of any structure shall not exceed two (2) stories. 5. The maximum floor area of the office is limited to 1600 square feet, 6. Owner shall be limited to one sign, no more than 6' tall, with no more than twenty square feet of effective area. o The proposed development is consistent with most of the policies of the 1988 Denton Development Plan (DDP) as applicable and many of the 1998 Denton Plan (DP) Policies n Notice of the zoning request was published in the Denton Record-Chronicle on Sunday, November 1, 1998. Fifteen (15) property owners were notified of the request on October 27, 1998. As of this writing, there have been 0 responses. There was a neighborhood meeting on November 5, 1999. The only persons in attendance to this meeting were the applicant/owner, the real estate broker, the applicant's business partner and city staff. STAFF RECOMMENDATION The existing zoning has six (6) conditions placed on straight, Office (0) zoning district category. Conditions three (3) and six (6) are already controlled through :he adopted Landscape and Sign Ordinances (respectively), except that the sign ordinance would allow up to 50 square feet of effective area. Condi'ions four (4) and five (5) need to be changed to allow for the increased size of the proposed structure. The other conditions appear reasonable and should be left in place to protect the surrounding neighborhood. Staff recommends approval of 2-98-054 with the following conditions: 1. Use of any structure is limited to offices, professional or administrative. 2. Lighting on the property shall be designed and maintained so as not to shine on, or oth-rwise disturb, adjoining properly or to shine and project upward to prevent the diffusion into the night sky. 3. Thr, maximum height of any structure shall not exceed two and a half (2.5) stories, 4. The maximum floor area of the office is limited to 3500 square feet. OPTIONS • Recommend approval as submitted. a Recommend approval with additional conditions. a Recommend denial a Postpone consideration. a 'fable item. PRIOR ACTIONIRF.VIEW Wouncil. Boards. Commisslons! ]'be Planning and Zoning Commission recommended approval (7.0) of this zoning request on November 11, 1998, as recommended by staff with the following conditions: 1. Use of any structure is limited to offices, professional or administrative, 0 1 2. Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, aljoining properly or to shine and project upward to prevent the diffusion into the night sky. 3. The maxir turn height of any structure shall not exceed two and a half (2.5) stories. 4. The maximum floor area of the office is limited to 3509 square feet. i Z. 32 X a~a~aor "a ~C FISCAL INFORM DON , 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 inlill development, no ex,ension of public infrastructure is necessary to service this site. ATTACHMENTS 1. Planning and Zoning Commission Report, November 11, 1998, Z•9M54. 2. Planning and Zoning Commission minutes from November 11, 1998. 3. Draft Ordinance. 4. Photographs. ed; Respectfully submi D ill Director of Planning and Dovelopment Prepared by: J4. CAA-j Trina McElreath ' Planed! i • ~ 14 ~ I iv r; 3. 5~~~,t4~:. 2 h x 10 32 0 • a r r..::',9YI'rr.• .'M ♦ i JI,.:'.1,iYti 1. {"err, y ~ ATTACHMENT 1 I [:PLANNING AND ZONING COMMISSION REPORT STAFF REPORT 1413 McKinney Case Number: Z-98 654 $Uff: Trina McElreath, Planner II Agenda Date: November 11, 1998 PU ~V~~l~XiR pe V`,Mr}Mr~fr e,rrt p ~fi Y''d 9" is~~j+f~?: e9sMN"Y'I•y'+w~,u+Wrxy-quL .'i•MW rn wn~gga. Hold a public hearing and consider making a recomrmndation to the City Council concerning the changing of the zoning on.155 acres at 1413 E. McKinney to change the conditions stipulated in a Office Conditioned [O(c)] zoning district. The proposal is to allow for the placement of an historic structure to serve as a iaw office, which would be larger than the existing structure. Z-98-054 i -1 -=T SITE N \ w I I, W I V S LOCATION MAP Location: 1413 E. McKinney, between Hattie Street and Jennie Street, Size: .155 acres I I 4, n,, V n.,. dn. E 4. ~ ' 25 x 10 32 x I Own" GENERAL INFORMATION Applicenl: Nancy Jessee Owner: Nancy Jessee 1413 E. Mckinney 1413 E. Mckinney Denton, TX 76201 Denton, TX 78201 SUMMARY OF ZONING REQUEST Section 35- 7 of the Code of Ordinances outlines the rules of procedures for amendments to a zoning 4 boundary or district. In general, any person having proprietary Interest in any property may petition city council for a chango or amendment to the provisions of the Zoning Ordinance, or the Planning and Zoning Commission ma,, on Its own motion or on request from the City Council institute study and proposal for j changes and amendments In the public interest. I BACKGROUND II E The location of the now courthouse has greatly impacted this area, It inspired the original `spot zoning" request of the subject tract in 1996. Since then. there have been several other similar type de%elopments approved In this area: • 110 Woodrow (Z-98-001), a zoning change from Agriculture (A) to Office [O(c)]. The oonddons on this zoning district include controlled lighting, a maximum building height of two stories, and a landscape bufferyard along side and rear property lines. • Schelster Heights, a lawy-r's office adjacent to the 110 Woodrow rezoning. This site had already been platted and zoned for this use when the courthouse went In. • A rncw egal office at the southeast corner of McKinney and Jannie. This site had already been platted and zoned for this use when the courthouse went In. • PO-161 at Woodrow and McKinney, immediately north of the Denton County Lew Enforcement Complex. This Planned Development allows all uses permitted under General Retail Zoning District and has a maximum allowable height of three (3) stories. a Legal Offices on the south side of McKinney, north of the new courthouse, The subject tract had several conditions placed on its Office (0) zoning district category due to the surrounding land uses, which are primarily residential. These conditions are ss follows: A 1. Use of any structure is limited to offices, professional or administrat;ve. 2. Lighting shall be designed and maintained so as not to shine on, or otherwise disturb, surrounding residential property. 3. Owner shall comply with the provisions of the City's Landscape Ordinance (Chapter 31 of the Code of Ordinances of the City of Denton, as amended) upon using the site for an office. 4. The maximum hertlhl of any structure shall not exceed two (2) stories. O ~ 5. The maximum floor area of the office is limited to 1600 square feet. 6. Owner shall be limited to one sign, no more than 6' tall, with no more than twenty square feet of effective area. ?`a K 32x~ e , n i COMPREHENSIVE PLAN ANALYSIS 1988 Denton Development Plan Analysis I The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intansiy At ea. , These areas are intended to be developed primarily for single family residential development Neighborhoods are to be serviced by a network of small commercial/retail centers spaced at about '/a mile intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas is restricted to 60 trips per day per acre A in order to balance land use with road capacity. Staff finds the proposed development to be II consistent with the poli,les, and somewhat inconsistent with the trip Intensity standards of the 1988 DDP. Traffic generation is the only inconsistency with the Danton Development Plan. The table below provides a summary of the 1988 Denton Development Plan policies applicable to this project: i Denton Development Plan Policy Anal;jis Summary Low Intensity Are Development Rating vs. Polky Slgniriuntly somehfet POLICY COMMENTS tnoonslsterIl Inconsistent Co,,.tsomt Intent These areas represent primary hou0ry areas wahin the Oty. X ' LM.ruhp. To be eonslstex with the Irian, Allowed Intensity • 60 trtps/day/acre - A a development shmld not exceed Its Allocated Intensity • 93 WiWday/sft allocated Inter". oloerty rroposed Impact . 39 Wpslday/sRe X She Kan Contrd. Strict de opment control MSMn 2,600W W of existing low density reside tial areas. X TrafAc Design. Acros #*A be pwfded to ensure that multl-family or non-residential uses have access to collectors or farger rrterals we no dred xcess tlvmgh reslderMal streeb. X Open Space. S ifficient green spzt, recreational facilities and dWesIty or parks are prodded. Put ►ublk Partidpatlon. Input Into panning toy neighborhood associations and councils • is encw aged. X Land Use Divers tyr. Non-residential and multi-family deRlopmert Is encouraged to a Ilm Ud degree. X Manufactured Mousing. This form of _ single-family housing may be cam v tk with develop nerRS in the I" Intemity areas Subject to condWs, _ NA Strip Cayurierdal. Arty form of continuous strip commercW N Str O discouraged IrJor near low Intensty areas. X 6. ~ 25 x Q 32XI O i~ Akyr , a.~r r p } i i I 1998 Denton Plan Policy Summary ; The 1998 Denton Plan (DP) Is to be used In conjunction with the 1988 Denton Development Plan in evaluating the oonsitency of proposed development with the long range vision foi the city. Staff rinds the proposed development to be consistent with the policies of the 1998 DP. Historic preservation, urban design and neighborhood enhancement are three particular goals to which this development speaks. SPECIA!. INFORMATION 1. Transportation A. Trip generation Table 1, Proposed Land Ilse Trip Generation Land Use Average Trip Total Trip Vk^xlmum Bulldout ; Generation Par Generation Single Tenant Office 11.51rips11,000 of 39 tripslday 3,390 square feet (sf) Bldg. {3,390 sf) Total TO Generation 39 Tripslday 3,390 Allowed Trip Generation .155 acres 9.3 tripslday 60 tripslacre Difference 29.7 trips above 319% above allowed tripe 8 / CakuWxms pivikW by M» InsMA of TrwsixoiWon Down (1901). B. Ace*.,-.s Access is provided onto McKinney Street and will be provided onto Hattie Street. Existing curb cuts will be retained to serve this site. C. Road Capacity McKinney (arterial) is designed to carry 20,000 trips/day. At present, the 1997 traffic counts Indicate that McKinney is over capacity (25,435 tripslday) to handle the trips generated from the proposed development. There are no traffic counlr --N available for Hattie St A I D. Psdestrian Linkages 1 Sidewalks along all public streets are requlrerl. 2. Utilities l 1 h;s site has access to existing water and sanitary sewer lines (gee Enclosure 2): Water, a i ` a) 12" line In McKinney Street b) 16" line in McKinney Street O ' c) 8" 11 Hattie Street d) 6" In Jann's Street xi I, 7. i rom 10 32 X 10 U Wastowater: a) 6" line In McKinney Street parallel to 12" and 16" force mains. b) 6" force main in Jannie Street c) 6" force main in Hettie Street d) 6" In adjacent alley Fire: a) Hydrant at NEC of McKinney and Hettie b) Hydrant at SWC of McKinney and Jannle 3. Drainage and,ropogr&phy New development will be required to design and construct a drainage system to city standards, A preliminary drainage study will be required witn 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 art, that drains towards this property. The developer must Indicate the method by which the run-off will be carried across the property or stored on the property. 4. Signs As per the sign ordinance. 5. Off-Street P*rking New development must provide parking according to the regulations of Section 35.301 of the Code of Ordinai,ces. The total number of parking spaces required by any one development Is a factor of one (1) parking space per 300 square feet, with a minimum of five (6) spaces, i 6. Landscaping This property will have to comply witti the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). PROPERTY HISTORY I January 14, 1969 - The subject property was placed In the single family (SF-7) zoning distfiot and land use classification by Ordinance 69-01 which adopted the first zoning ordinance and map for the City of Denton. , February 6, 1996 The subject property was rezoned from its original zoning of Single Family (SF-7) to Office Conditioned 10(c)1. The subject property Is not correctly platted and would need to be platted prior to any r development. PUBLIC NOTICE _ Notice of the zoning re' quest was published in the D inton Record-Chronicle on Sunday, i 8, I ~.,3 >tiK❑ 32x101 ' o • November 1, 1998. Fifteen (15; property owners were notified of the request on October 27, 1998. As of this writing, there have been 0 responses. There was a neighborhood meeting on November 5, 1998. The only persons In attendance to this meeting were the applicant/owner, the real estate broker, the applicant's business partner and city staff. RECOMMENDATION ' The existing zoning has six (8) con ;itions placed on straight, Office (O) zoning district category. Conditions three (3) and six (8) are already controlled through the adopted Landscape and Sign Ordinances (respectively). Conditions four (4) and five (5) need to be changed to allow for the increased size of the proposed structure, The other conditions appear reasonable and should be j left In place to protect the surrounding neighborhood. Staff recommends approve! of Z-98-054 with the following conditions: i 1. Use of any structure is limited to offices, professional or administrative. 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. The maximum height of any structure shall not exceed two and a half (2.5) stories. 4. The maximum floor area of the office is limited to 3500 square feet. i MOTION move to recommend approval of Z-98-054 with the conditions as staff has outlined. ALTERNATIVES 1. Recommend approval as submitted. 2. Recommend approval with additional conditions. 3, Recommend denial. 4. Postpone consioaration. 5. Table item. ENCLOSURES 1. Zoning Map, 2. Utility Map. 3. 200' Property Owner Notification Map. 4, New Non-residential Development In the Area, Related to the New County Courthouse. 5, Denton Plan Matrix. 0 9. 32 X I ra o y.7~. f i Enclosure 1 Zoning Map I Z-98-054 ~u uu y F• 5F4 F•7 SF.? SF-7 SF-7 SF'7 5F.7 SF• SF4 F4 uic u(c) N W E S ZONING MAP Date; November 11, 1998 Scale: Nona 10. 25 32x 1. wwww Volvo Enclosure 2 Utility Map i Z-98-054 u 193 N W F I i S i UTILITY MAP Electric Line Water Line Sewer Line • Fire Hydrant Date; November 11, 1098 Scale; None 10 o , d.w,e Enclosure 3 200' Notification Map Z-98.054 r N W E Y - S i 200' PROPERTY OWNER NOTIFICATION MAP Date: November 11,1998 Scale: None Z?N Ji i F,u n,1; F ; qd Im S I _ ]2, . P) K 10 32 X Io 0 1 1 i i r l,rI.,aa'.,...a ONV•aYr"'"pP pa+v: i'.vAl"y+V"~.r...t:. .uw xr ".,.rr ~ I I Enclosure 4 New Non-residential Development Map f I Z-98-054 MIJI SITE Counhouis l1 L®W ® N S , i 1 + New, Non-ruido 1.1 Development i i Afl lN,s fva ~rW A,gxirt di ~ 13. f r . 32x10 M 0 r; 1/r1 fl4a Enclosure S 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 Plar1 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: Denton Plan Policy Analysis Summary Development Rating vs. Polity CATAGORY POLICY Inconsistent AppNikabte consistent Transportation. Compliments Denton's Long Flange Thoroughfare Nan, x Prorates Access Management Practices x Optimizes operabom for emergerxy service providers and other public si providers, x Promotes public transportation System. x Contributes to the Denton Trails network x Stormwater Drainage. Protects t0I noodpaln areas In accordance nnth x Denton 's watershed management plans. _ Conforms to local subdivision regulations - x Contributes to regional detention faobbesx Provides for natural riparian environment along noi x ` Upgrades existing substandard drainage systems as Infill ` AM redevelopment occur. x l Water and Develops and maintains property and private l Wastewater. infrastructure, x Creates opportunity ror averse zing water and wastewater lines to meet future development demands. x Provid,.s review of proposed water and wastewater Infrastructure to ensure public safety and health. x Promotes InfII Improvements over new line extensions, x A electric. Provides underground electric service for new re9dental and nonresidential development, x Solid Wade. Promotes efficient access to all development for solid waste service delivery, x Parks and Recreation. Locales parks and recreation faolibes in accorua ice with dhe Pan3 and Recreation Strategic Pan. x Enhances parks and recreation opportunities for residents. x , . Preserves roodpaln for parks and open space to aid in 9 1 roodpain conservaton Monts. x Ailovvs combining of parks wan other pubk faalmes to l achieve cost effectwe delivery or public services. x . I I';i.6 V it rlv 14. i lnaeearles I i Denton Plan Policy Analysis Summary Development Radng vs. Policy , CATAGORY POLICY inconsistent ; kiftbie Consistent Residential deoeloprient should dedcate land or fees in _ lieu of land for ne itiorhood parks. X i' EnvlronmeMal Quallty. Promotes preservation of natural resources. x , Integrates envirorxrental protection with ecanorroc growth and cormmunity development X Nalghborhooda Pravda amens to put c and commuNty fadbbes for resdentlal nelghbortwods. X Encourages a mixture of land uses that benefit residents, , X Protects and Pi-moves existing neighbahoods. Y , , ^ X Promotes bxyde and pedestrian traffic within and between nelghbofioods to reduce vehicular trips. X Housing. Provides a range of housing types that appeal to diffenng econan o and irdivdual life-stytcs. X Offers a variety of angle-family bt sires, building sires, , X F and price ranges Preserves existing housing, mdudng affordable housing, X Increases Infll banning construction. X Economic ContrVbuta to a strong and diversified iota economy by T; Dlvenlflutlon. Increasing employment and expanding the tax base. X Government. Encourages Intergovernmental coordination to provide cost-it"ve pudic services. X Urban Design. Addresses cornmunlty appearance in a conprehensive T,' manner. " X dverslfes architectural appearance of bunt environment. X Neighborhood Infia develoorrent should to oompaWe with existing land uses and bulldings. X Protects and Preserves Denton's architectural, ouhiral and historical resourcesx Enhances the appeararxe aiang major entranceways. x Ptongte5 the preservaton of trees end tandstapirlq, X f • Public Involvement, Provides an opportunity for pudic opinion dump Me d a~~#:, X planning proces7. r s I V; WA r io,i! o,. 0 1,4 i 15. 25 32 x ❑ N. 0 U ' os4oxaa Ptannng and Zoning Commission Minutes November 111, ATTACH14ENT 2 RAFT, D Pape 15 of 33 Mr. Rishel: I'd like to make a motion. I'd like to move that we recommend to the COY Council the SP;Y*Ylf Of the abandonment of a 10-fool portion of an existing 2D-foot alley adjacent to Lots 1 and 2 in Block 12 of College View AddRkn, subject to the revisions of an easement for access, drainage, and public utilities. Ms. Gourdie: Second. Commissioner Engeibrecht: It's been moved and seconded to recommend approval of staff recommendation. Any comment? Mr. Powell: Yes, I have a comment, air. 1 think this is a great opportunity Anytime we an get Nancy Jessee to pay more taxes, we have a great opportunity here. I'm sorry, Nancy. I couldn't resist. Commissioner Engelbrecht: Any other comments? Ms. Gour6e: I'd just like to say 'thank yW for preserving part of Denton's history by saving that building, that home. Thank you. Mr. Rishel: 1'd like to second that. Ms. Gonzar. Yes; we had a bl of people complaWng that 101, nou,e was going to be torn down, so we do all appreciate you rescuing that. Ms. Jessee: 1 may just say that.... Commissioner Engetbrecht. Yes, Ifyou want to come up to the mike to they an gat.- Ms . Jessee: I just wanted lobe sure that you all know that the City staff has worked wish us very carefully on this and has been very cooperative and very invenlve, and I resit' appreciate IL So, 9 you hear anything bad about j them, remember that it's not V bad Mr. Rishel: Thank you. Commissioner Engelbrecht Any other comments? An In favor of the motion, please raise your right hand. Motion carries unanimously, - 0) b. Hold a public hsaring and consider making a recommendation to the City Council Concerning a change In zoning on All acres at 107 E, McKinney to change the conditions stipulated In a Conditioned Office (O(cj) zoning district. The .268 acres Is legally described as the east 90 feel of Lot Ono (1), In Block Twelve (12) of the Collage View Addition. The proposal Is to allow for the placement of an historic structure to serve as an office, which would be larger than the existing structure, (Z•98-054,1412 E. McKinney, Trine McElreath) Commissbner EngelbrachL That moves us to Item 5D, then, which is to hold a publik hearing and consider making a recommendallon to the City Council concerning a change h zoning on .155 acres at 1413 E. McKinney to change the conditions stipulated In a Conditioned Office zoning district. The .258 sues Is legally described as the east 50 feet of Lot One (1), In Block Twelve (12) of the College view Addklon. The proposal is to at** for the placement of an historic structure to serve as an office, which would be larger then the existing structure. Ms. McElreath-I'll open the public hearing at this time. Ms McElreath will give us the staff presentation. Ms. Trlns McElrealh presented the staff report. Ms McElreath: Thank you, Chair. 3 Commissioner EngelbrechL I think wean probably keep this to the bare ossentlols. Ms. McElreath: The basks-okay. One of the Important issues I wanted to point out Is that the location of 0e new 0 courthouse across the street has impacted this whole area. It was what Inspired the original spot zoning raquest of this tract back In 4998. Since then, there have been several other similar types of development In the area. Including 110 Woodrow-and 0 you want any more detail on any of these, just lot me know; I'm just goirq to go through the list very qukky-Scheitter Heights. a lawyers office, a new bpd or" at the comer of McKinney and i ~ 16, E F arKr, a. 1 ❑ 3 2 x +P u Planning end Zoning Commission Ii November 11, 1996 Page 16 of 33 Jennie, PD-161 at Woodrow and McKinney, and legal otLxs on the south side of McKinney north of the new courthouse. This subject tract has Several conditions placed on his afore zoning district category Including the Mmh of the use to office, administrative or professional; righting rntrctlonr, landscape requirements oust that they comply with the old landscape code); maximum height not to exceed two stories; maximum floor area limited to 1,600 square feel; and, that the owner Shan be limited to one sign. Mr. Rishat: Clarification. Me. McElreath: Yee, all, Mr. R of You said that they comply with the old kndecel:s code or the existing landscape code? Mr. McElreath: The conditions thsl were placed on this zoning were to comply with the previous landscape code. It actually says, 'The owner Shan comply with the provisions of the City's landscape ordinance, Chapter 31 of the Code of Ordinances of the City of Denton, a amended, upon using the she for an office" Commissioner Engelbrecht, That's the old condition. Ma, McElreath That 4 the old condition. Commissioner Engelbfecht: That's the old eendi int. Mr, Rishal, Thank you, Ms, McElreath: Or the existing condition, adueny Commissioner Engelbrecht: She's right--existing. Ms, McElreath: This ares Is a low-Inlenshy area, and Staff rinds IN development consistent with Me pol and somewhat inconsistent with the trip Intensity standards. If you'll note on page 3, this silts Is creating 30 trips par day. The maximum allowable is 60 trips per day per acre N you fig urs that per we. it'd be 234 trips per we that this she would be creating. But since It's only 15% of an we, then It's only creating 30 trips per day, which Is considerably higher then what a low-intensity arse has been allocated for. At present the traffic counts on McKinney are over cepecity-25,000 trips per day. To handle any more trip generatkxth-and as you saw the Major Thoroughfare Plan, you can appreciate that we're trying to upgrade these roads as quicky, as possible--ah of their Infrastructure is In place as you'll note on your utility map. My foal note k that 15 property owners were notified, We had received zero response In writing at this point. There was a neighborhood meeting held on November JIM which the applicant, the applicant's partner and the applicant's broker, as wen as, staff, were the only members present. Commissloner Engelbfechl. And there was notification to the neighbors of the meanngs? Ms McElreath: Yes, sir. ` Commissioner Engetbrechl: By some means? Ms. McElreath: Yes, dr. Commiuioner Engelbrecht, Ouestions? Mr. Rishel, Yes. Ash says, 'A maximum height of any structure Shan rwt exceed two Slohes.' le thereanything h our rode-some codes In cities have two stories and an X amount of feet, like 36 or 37 feel Me McElreath: Wen, actually most of the resdentist sections of our toning code allow for 216 storm; and If you'll O note In staffs recommendation, we have proposed that that condition be changed to 2A Storks, That would allow Q ' the two-story building plus the affic Mr. Rishel: Okay. Thank you i 17. 32 x ..r,aura . o Sanwa Pienning and Zoning Commission Minutes November 11, 1098 Page 1 T of 33 Commissioner Engelbrechk Other questions for staff? I have one question. I notced that tha one significant, as I see It, significant difference in the terms of staff recommendations It that you have removed the sign condition that was In the previous condition. Ms. McEbeath: Yes, sir. Our sign ordinance would really take care of the sign that they place on the property. Staff did rat feel that Oat extra condition was necessary. Commissioner Engelbrecht. And what would be allowed on Nat property under the ordinance? Ms. McElreath What you see there Is the-you know, the ground sign or the maximum height of 5 feet 1A Commissloner Engelbrecht: Okay. Other questons for staff? Thank you. Is the petitioner or potltionar's representative present, and would you care to make a statement? You might as wall come on doom hen and give us your name and business address for the record at least. Ms. Jessee: I'm Nancy Jessee, and I'm the petitioner. My business address Is 1413 East MrKrinoy In Denton. I'S be glad to answer any questions you have or fill you in on anything you might went to know that I know, Commissioner Engelbfechl: Commissioners, any questions or other comments for Ms Jesse*? Mr. Powell: I would reety, like to think of Something like I did before but I Can't, so 1's leave M go. Commissioner Ingerbrecht: 1 must say that very rarely do you get--haver I gotten approached anyway outside of the phone calls and that sort of thing, you know, public off SM street and this Is the one case where-that I can recall in my number of years on the Commission, where some of them weNed up to me out on the Street who had recognlzed me and said-It was back right Shorty after the case when we rezoned the property-and said, 'I Sure wish we could save that home on locust.' You know, they said, 'i donY are what you do wnh anything but I sure would Re to see that saved.' Md to and behold-I donl think I an take any credit for that, I wasn't working-but we're up here working on that sort of thing, but I want to thank you for doing that. There seems to be a let of Interest in that property It's very nice looking,,., Ms, Jessee. People have been very supportive, and I would like to be able to take an your thanks and say i all me, but k's been really a Joint effort of a kN of people Commissioner Engelbrecht: And f appreciate the comments that you had wnh regard to staff, Ms Jessee, Thank you. Mr. Rlshet: And we hear those comments a lot, so we very much appreciate your emphasizing that. Commissioner Engelbrecht: That's right. Ms, Gour$e Ave you going to be able to meet pre deelnes with Walgreens property. I know when I spoke with you, you commented that there was a quick turnaround that you needed this to be taken are of. fit everything on lime limn now? , Me Jessee I would like to say that Walgreens, t think, closed the " of October, and to they now own the property, and they consented to-I talked to Mr,-I think (I Jobe IS his name-and also with a representative from Wargrerenq they're allowing us until the 31st of December to mow R. Ms Gourdle, Okay. Okay I was very concerned about that. When I aaw this on. I thought-oh, You need a little more time, but that's great, Ms Jessee Well, we could we more lime, but we an also do h In the time we have Ms Gourd's. Great Ms. Jessee, Think you. l8. 7.i 32XI❑ 0 I ssavtm ranxvxrs f f; I ~ I Planning and Zoning Commission M'nutes 1 November 11, Page 18 of 33 Commissioner Engelbrechl: l would like to ay-by the way, Ms. Jeseee, I didn't realize we were going to take quite ss long as ws d'd with that other pubfk hearing We had talked In advance about which order to go inhere. and we knew that the Director of Engineering had to get out of here this evening. had another meeting, and that's why we put them in that order; but 0 I'd known how quickly we might gat through this, we might hove reversed (hose. So, I'm sorry about the time you had to wait here. Ms. Jessee: Al least we've demonstrated that lawyers are rat the only ones who aren't brief. Commissioner Engelbrechl: But look what you know about the thoroughfare plan now. Is there anyone present who would like to speak in favor of this petition? Anyone present to speak M favor of the petition? In that case, anyone present to speak In opposition? Anyone present to speak In opposition to the petition? Since there's no opposition, we'll waive the rebuttal . The public heerlnp ieclosed, Ms. McElrooth, any 5nat staff remarks? Mo McElretlh. ReoommendoW? Like you have rated, the six conditions placed on the straight office stoning category were already described. Conditions 3 and B were already controlled through the adopted landscape and sign ordinonces respecllvey Conditions 4 and 8 needed to be changed to allow for the Invested size of the proposed structure, which is why we brought the toning cat- before you, Any other conditions appear reasonable ■nd should be left In place to protect the surrounding neighborhood. Staff recommends approval of Z•9i with the following conditions: use of any structure Is limited to offices, professional or administrative; fighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property of to shine end project upwaA to prevent the diffusion Into the night sky; the maximum height of any structure shall rat exceed two end a hot stories; and the maximum floor ores of the Oka Is limited to 3,800 square feet. Cummissionf r Ergelbrecht: Questions for slalf? Any comments or a motion? Ms Glanzer: I'd like to make a motion... Mr Rishel: Like to r.,ovs.. Please Me Genzer. we to recommend approval of Z-90454 with the conditions as outlined by staff. Mr, Risher Second, Commissioner EngeibrechL It's been moved and seconded to recommend approval as outlined by staff. Any discussion on the molkn? Al In favor, please raise your right hand, Motion carries unanknousy. (7 - 0) Commissioner Engelbrecht. Commissioners, Ks 1;00 p m. Would you like to lake 1o minutes? Mr Rishel Yes, Me Gourde Yes Commissioner Engelbrechk Okay, We'll take a 10-minute break at Ihis time. ) L ' The Commissioners adjourned for a break. I The Commissioners reconvened the matting l ITEM9 FOR INDIVIDUAL C N IDEK&M 1. Wendell E. Woods Subdivlslon. 1.17-acre tract Is located on the east side of Hill SVaat, just northeast of the T-Intorssctlon with Boardwalk. a, Consider making a recommendation to the City Council concerning an exaction valance of Section 34.114117) of the Cods of Ordinances concerning sidewalks. (V•19-011, Wendell N. Woode C • e Subdivision, David Salmon) Commissioner Engetbrer:ht; (no audio) from the break. At this point, we how one tom with two cob-ports for Individual consideration this evening. This is regard1mg the Wendell E. Woods subdhriskn. We a 1,17•ncre trail located on the east side of Hill Street, )ust northeast of the T-Intersection with Boardwalk. Item 6.0. Is to consider k 3Z Ll Rio a 1 i . i f ATTACHMENT 3 I ORDINANCE NO. j AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE ! CHANGE IN ZONING AND USE DESIGNATIONS TO ALTER THE EXISTING CONDITIONS ON THE CURRENT OFFICE CONDITIONED (O(C)] ZONING FOR.155 ACRES OF LAND AT r 1413 E, MCKINNEY, LOCATED ON THE NORTH SIDE OF MCKINNEY STREET APPROXIMATELY 96 FEET EAST OF HETTIE STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREO, AND PROVIDING FOR AN E?FECTIVE DATE. WHEREAS, Nancy )cssee, property okAner, has applied for a change in zoning for ,.155 acres of land to alter the existing conditions on the current Office Conditioned [O(c)] zoning; and WHEREAS, on November 11, 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 19FR Denton Plan Policies; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section j. Thal the zoning district classification and use designation of the .155 acre property described in the legal description attached hereto and incorporated herein as Exhibit A remains Office Conditioned (O(c)) zoningdistrict classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the luHoaing conditions: 1. Use of any structure is limited to offices, professional or administrative. 2. Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shlne and project upward to prevent the diffusion into the night sky. 3. The maximum height of any structure shall not exceed two and a half (2.5) stories, 4. The maximum floor area of the office is limited to 3500 square feel Sgr ion U. That the City's official zoning map is amended to show the change in zoning district classification. Section 1l. 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 pr- Trion of this ordinance is violated shall constitute a separate and distinct offense. Section IV, That this ordinance shall become effective fourteen (14) days from the date of O its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Dento,t Record-Chrooiele, a daily newspaper published In the City of Denton, Tcx4s, within ten (10) days of the date of its passage. 20r i ~NINAILNNVAVNMIL L e 0 I PASSED AND APPROVED this the _day of 11998. JACK MILLER, MAYOR M ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:` APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY A 1 TORNEY i BY; F i ' I r { it ' i 21, 25X10 ' 32xI I i I r M . 1 M ATTACHMENT 4 2-4$-054 (1413 E. McKinney) PHOTOS '1 1 e, t ' ~ ~ ~ all '4'r X144', Photo 1. View of eastern half of existing Photo 2. View of eastern Half of adjacent alley structure and driveway. with neighboring residential structure. s 14 ' c ,vqy J I % f i t; .VtiI I'iV Y'~ i I ;R 1.,.. or I. n Photo 3. View of utilities available in the Photo 4. View of northeast half of the adjacent adjacent alley alley. I Xy R -0 }!A R '},r v Photo 5. View of residential properly to the Photo 6. View of subject driveway, facing northwest of subject tract and part of subject south dn~ eway 22. ~I J I Z-98-054 (1413 E McKinney) PHOTOS I 1 Vt . r Photo 7. View of existing parking lot on subject Photo 8. Additional view of residential property property to the northwest of subject tract. cr!tT,.,r i:.,. 1 ~I hk go. .a ,may 4 k Photo 9. Full front view of subject property Photo 10. View across McKinney Str, I it the County Courthouse rya ~~~~,,;rt I " 1., ty~ A " .r.7 77 I' .19a L Photo 11. View across McKinney street. Photo 12, View of additional office uses in the northwest of the Courthouse vicinity, 23, R.~ .~rrr.FT i i YY t 'rt r O I • i 1 AGENDA INFORMATION SHEET Pganda No. ~=-s~ AGENDA DATE: December 15, 1998 Agenda hom- Dete _ J ;1.1 s. 9 t i , DEPARTMENT: Planning Department , CM/DCMJACM: Rick SvehIa, 349.7715 SUBJECT - Z-98.042: (Denton Garden Addition) Hold a public hearing and consider rezoning 34.133 acres from Planned Development 39 (PD 39) zoning district and Single Family 7 (SF-7) zoning district to a Planned Development (PD) zoning district by way of a detailed plan, allowing for detached single-family homes. The property is located on the southeast comer of Stuart Road and Loop 288. BACKGROUND The City Council considered this request at its previous meeting on December 7, 1998, but did not take action on the request. Two motions failed to receive a minimum of four (4) votes. Staff contacted the applicant after the meeting and was asked to place this item on the December 15, 1998, City Council agenda. The motions and the votes from the previous meeting were as Ibllows; First Morton. 4 City Council Member Carl Young moved to postpone consideration of Z-98.042. Mayor Jack Miller seconded the motion. I „ Vole. The motion failed 2.3. Member For Agalnsl Abstain t Jack Miller X Carl Cr. Young, Sr. X Neil Durrance X • Mike Cochran X Sandy Kristoferson X 4 Roni Beasley X Mark Burroughs X TOTAL, 2 3 1 . rl Z. ` Hai' i, 'r IY Rf f' + ~~"nr`i? x 25 C.~ 3200 raw"" ' 0 A%Ynxm Second Motion. City Council Member Sandy Kristoferson moved to deny Z-98-042. City Council Member Neil Durrance seconded the motion. Vote. The motion tailed 3.2, Member For Against Abstain Jack Miller X Carl G. Young, Sr. X Neil Durrance X Mike Cochran X Sandy Kristoferson X Roni Beasley X Mark Burroughs X TOTAL 3 2 2 At the December 8, 1998, meeting, the city attorney indicated that additional research would be conducted to decide if the Council members who abstained from voting, could vote when this item returned for consideration. Legal has determined that those Council members can vote on this zoning request without a conflict of interest. PRIOR A 'TIONIREYIEW (Council. Boards,Commisslons) The Planning and Zoning Commission recommended approval (5-0) of the alternative detailed j plan and, corresponding, landscape plan, after denying the applicant's variance reques! From Section 34.114(9) of the Code cf Ordinances, with the following conditions: I 1. That a physical buffer, i.e. a fence, be erected along the northern boundary of the rear yards of all residential lots that are adjacent to Loop 288. 2, That one (t) canopy and three (3) understory trees per one hundred (100) linear feel be installed along the north side of the physical buffer. 3. That the number of lots in Block E, between Lots 6 - 16, be reduced by two • (2), decreasing the total number of lots within the block from twenty-three (23) to twenty-one (21). The applicant has submitted a revised landscape plan, showing a physical buffer and trees as recommended by the Commission and staff(sce Attachment 2). • FBCL INFORUATION 0 • This development will increase the assessed value of the city, coenty, and school district. It will require no shorwerm public improvements that are the responsibility of the city. As a form of I Infill development, no extension of public infrastructure is necessary to service this site, 32x111 '.MOM 1 SUGGESTED RECOMMENDATION Staff recommends approval of the detailed plan for Z-98-042 as recommended by the Planning and Zoning Commssion. ALTERNATIVES 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration, 5. Table item. ATTACHMENTS 1. City Council Report December 8, 1993, Z-9B-042. Res tfully i \r ve Hill Director of Planning and Development I Piep red by, % E c ' Wayne ced Planner 1 ~In f .1 ( 1 tN,lI k ,a 1 y 1 III. ' 25 Oki e r 0 TWO" 1 ATTACHMENT 1 AGENDA INFORMATION SHEET AW41 Ha X113 - 043 II AGENDA DATE: December 8, 1998 PW&r n"277 " DEPARTMENT: Planning Department i CAI/DCM/ACM: Rick Svehla, 3497715 ' I SUBJECT -Z-98-042i (Denton Garden Addition) i Hold a public hearing and consider rezoning 34.133 acres from Planned Development 39 (PD 39) zoning district and Single Family 7 (SF-7) zoning district to a Planned Development (PD) zoning district by way of a detailed plan, allowing for detached single-family homes. The property is located on the southeast corner of Stuart Road and Loop 288. BACKGROUND The applicant is requesting to rezone the subject property to a planned development zoning district to construct a single-family subdivision (see Attachment 3). The request for planned 4 development is necessary, because many of the lot sizes of most of the lots within the subdivision are smaller than the minimum square footage allowed by any one of the City of Denton's single-family zoning districts. The proposed development is consistent with all of the policies of the 1988 Denton Development Plan (DDP) as applicable and the 1998 Denton Plan (DP) Policies (see Attachment 3 - Comprehensive Plan Analysis section), The following analysis provides a comparison between the proposed development and what could be built under existing zoning regulations. D The applicant requested approval of a detailed plan for one hundred and seventy six (176) single family homes at the Planning and Zoning Commission meeting (see Attachment 3, Enclosure 3). However, it required a variance from Section 34.114(9) of the Code of Ordinances, concerning intersection spacing, The plan called for two (2) intersections onto Stuart Road that did not satisfy the minimum four hundred (400) foot spacing restriction. The Commission denied the variance request. Having foreseen the possibility of not receiving the variance, the applicant prepared an alternative detailed plan with one (1) intersection onto Stuart Road (see Attachment 3, Enclosure 10). • Y The applicant is requesting approval Chart 1, Denton Harden Addition Lot Sixes of the alternative detailed plan (see Attachment l). It provides for one so hundred and seventy-three (173) t0 ~Yt 1,h``; single-family lots. The lots range 60 n 6,'r`T a• from 5,500 square feel to above so 8,000 square feet (see Chart 1), The S 40 4 'ter r 2i, t r~l' 1 '"'n O majority of these lots (133 or 77%) 30 are less than seven thousand (7,000) 20 °"4~ td''' O • u.F., square feet, while 40 lots or 23% to v4 1 exceed this square footage. As Chart o 1 demonstrates, the single, largest 5,500 - 6,001 • 0,501, 7,001. 6,001. concentration of lots is found in the 6,000 0.500 1,000 0,000 6,001 to 6,500 square foot lot size Lot Use (square Fort) category. It contains seventy-three 1. 1r~ , c x 32 h 1 0 (73) lots or 41% of all lots. The proposed mix of lots produces an overall density of 5.07 lots per acre. D Existing zoning would allow a more Chart 2. Lot Comparlson dense development (see Chart 2). The northern 15.56 acres of the site ,nc tse; n?;t"' are located within Planned 1u Development 39 (PD 39) zoning $20 ° a : ry,! t' Hr T3 k district It allows cluster homes +°e »w ~ (zero lot line) with a maximum e° >4 oPropoeeaZoning density of ten (10) lots per acre, 60 IIN translating into a maximum of one 4e hundred and fifty-six (156) lots. The 2e remaining 18.57 acres are in a ° R Yr ''4' Single-Family 7 (SF-7) zoning auef Lm Than SF.? r.ooo. district. Subdivisions developed in accordance with SF-7 lot area - regulations are typically designed at four (4) lots per acre. Phis would equate to seventy-four (74) lots in this area. All together, two hundred and thirty (230) single-family homes or 6.74 lots per acre could be built on the 34.133 acre site, I ➢ The above analysis illustrates that the proposed development would be less dense than residential growth under existing zoning regulations (see Chart 2). Even though the Denton Garden subdivision would contain one hundred and thirty-three (133) single-family detached I homes on lots with less than seven thousand (7,000) square feet, existing zoning could produce fifty-seven (57) more lots. On balance, the proposed rezoning would reduce density from 6.74 lots/acre to 5.07 lots/acre. 7 here is neighborhood opposition. Seven (7) out of the twenty-six (26) property owners that were notified have indicated that they oppose the rezoning request. The opposition constitutes less than twenty percent (201,16) of the area of the lots or land extending two hundred (200) feet from the subject site. Four (4) responses were received prior to the completion of the Planning and Zoning Commission staff report (see Attachment 3, Enclosure 8). The remaining four (4) responses have been attached to this staff report (see Attachment 5). Dr. Wolski, the property owner of the subject tract and of the undeveloped land to the east of the site, responded in favor, I . PRIOR ACTION/REVIEW(Councll.Boards, Commissloni) The Planning and Zoning Commission recommended approval (54) of the alternative detailed plan and, corresponding, landscape plan, after denying the applicant's variance request from r Section 34-114(9) of the Code of Ordinances, with the following conditions: L That a physical buffer, ).e. a fence, be erected along the northern boundary of the rear yards of all residential lots that are adjacent to Loop 288. 2. That one (1) canopy and three (3) understory trees per one hundred (100) p linear feet be installed along the north aide of the physical buffer. 3. That the number of lots in Block E, between Lots 6 - 16, be reduced by two (2), decreasing the total number of lots within the block from twenty-three (23) to twenty-one (21). The applicant has submitted a revised landscape plan, showing a physical buffer and trees as recommended by the Commission and staff (see Attachment 2). 2 32 El FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no abort-term public improvements that are the responsibility of the city. As a form of Intill development, no extension of public infrastructure is necessary to service this site, SUGGESTED RECOMMENDATION Staff recommends approval of the detailed plan for Z-98.042 as recommended by the Planning and Zoning Commssion. ALTERNATIVES 1. Approve as submitted, , 2. Approve with conditions. 3. Deny. 4. Postpone consideration, 5. Table item. ATTACHIIIENTS I . Alternative Detailed Plan. 2. Revised Landscape Plan. 3. Planning and Zoning Commission Report, October 28, 1993, Z-98.04:. 4. Planning and Zoning Commission minutes from October 28,1998. S. Property Owner Responses (4). 6. Draft Ordinance, Res ectfulIy s i D Hill Director of Planning and Development j • t Prepay d by: ilk j Wayne R • Planner. 0 A 3 e 25`K 10 32x10 14 iI li tfafo6r61 r . p I saw.n4 I NOTES: Lr . ~ pflyslk•1 eulrxl I.•. • lbnoer MAI be •nofled donp ?M fgIU1Mn DWar7d•ry a the roar yrd• a •n ralQentW lob OW we •dJ•an1 b Loop M, s~ 2. OM (1) anopy b•• •nd hvs (3) ere" W ON hundred (100) mear4e•1 rZn,--, will be ha•e•d done ft nora,.a. a e» W buff or, o ao' too 6H LOOP 214 1220' A-041 Y1CWtTY YAP A•Ir Hr 1.V 111 IM' 1.1N N' I r _ _ .MK I71 66 H N 67 6t 61 60 1f SI !7 76 SS !1 !7 !t !1 SO If Ie el 46 11 11' 17 42 1 Ip p F 1 4r y 6 Y Lr11 1.HHX PC a fl ~ . I yiI 1. °Y f•0 A 61 ' 7 !1 t0 If is 17 M IS N IS 20 If 11 O 16 IS N U r "i 71 G~ + Qin 1111 MV4 M'1 Irr /1 I RI cA 2 to f U H T6 71 1 t 7 1 S 6 1 e 1 10 n I t ! 1 S 6 7 I f w i Blacp' °78 0l /7 I 1. - _ ir. _ ]6 H -o L2 :FF, i ra - _ n - /I 0 70 71 7S to A B Ltt h t0 H 16 K IS 11 it 1 ~ If o s on 1 S 0 7 1 f w 1 17 O 11 H K 17 1e rf 20 8 It t7~ II f ~1 S 6 7~ 1 QI A 7 L 6 1 ffl e6 I l IL 0 r • r.r r 1 f 1 1 1 6+r+x'11n1 M' Kf a !:Ii1.11.Y~Y DETAILED PLAN 7wi/ DENTON GARDEN ADDITION M lr. IH11YN LEO 14 Us 64.01 0 N , lf~.• 1Y1S. M' LPi VIMq IM p6M1. Ina«f Y.1rf1M1 4614,, 1611. fUt V' ~ ~ Cn1 N 0,61 0, 10,11 ! l •J f6'/.1.1 wo1, l HHM,I h~y p1~~lpf~~rlryNll" ' Y,r, `l 11' h1 VI p1MMN tw Xx pMIrN/i.H 1/41 l•IMIf HM N1p1 1f.01 414 Yoe 11101 "1.1611 ••1^• 11 e11Y IM 6x161 7.6161- O H.« 111. 0 ,r O r I I :'11R[Betf I , r 1. I I 1. { hblt•M.4 tawR.aM /OI rq bwuw rrlr N ti 1~ rr+r.rr/rw •Ilwlla 101~ry~~1 rrw br1M/wrr.li•14M Ir M YYMIMY•Irll~■ti o: A Vie, Ww~f~ilYnr.M0 Nllw'F a N :00 "soilless, a4wywr~l rlwww~w M'MPrYwywl~,MN , alwY3w. YtN fIV t/1lIM Mli r/ Arm 0 IOC ~ -iir i 1 A. MIT + SR LOOmtollo t~INn Se 32 ,7 1/ ,S „ ,3 ,1 ,1 lost 0, ,C 17 1{ IS 12 t0 Is 10 IT I{ Is 11 1C 12 a 7f 31 31 77 7, }t y r1 1 t s, s f 7 e f w l 1 e s, f f 7 e f 10 H r3 31 y 77 3! } y l 70 If 23 2 N SO !f If Q 1 !3 !t !I 20 O I{ I! 14 t3 14 IS if 17 2e to 30 71 72 33 1, tT i • { N I I t 3 s21} T 44 C f to e a IS li 15 to to to If re r 11 is 14 1s n e t 0 ~ 0 S 011 to I 3 I 9 c 4 5 f { n u 1, a Is n le n eo I a et e3A R: a{ r/ 1 1 1 1 1 1 / /I w....tw TREE INVENTORY and ~ 1/ 18 _ ~1~,«nl••.. LA+10Sc:APE PLAN ~ DENTON &ARDEN ADDITION 31,r33 it, so 01 101 'I 3 N ' s.wm alll/ur LEgENQ Clip so tl Oomiulry fun i lO CIIIIh1 Gu lrlln It 40111 b. tl t01In b111rt IMMfMM W I••1 I.~yI bwl l~ M 0M•i i 1f•Ol 11'M /tlil 6HI n11011 11H D•eM NI1otOt HIq 11Fnt1 W00 496.7"a 'W11,11 1 9 5 X" 32X Ej 0 h ATTACHMENT 3 PLANNING AND ZONING COMMISSION REPORT STAFF REPORT &UW: Denton Garden Addition Case Number: Z-98-042 Wayne Reed, Planner I Agenda Date: October 28,, 11098 Hold a public hearing and consider making a recommendation to the City Council concerning a req test to rezone 34.133 acres presently classified as Planned Development 39 (PD 3E) zoning distict (for cluster homes) and a Single Family 7 (SF-7) zoning district to a Planned Development (PD) zoning district for detached single-family homes. The Intent Is to develop a single-family subdivision with one hundred and seventy-six (170) lots (see enclosure 2). Existing zoning would allow for a combined total of two hundred and thirty (230) single-family lots, I ooP 288 O~ SITE s6 2 ERCUI ES I i I r- e 0 to VICINTIY MAP Lc+.,atlon: on the southeast corner of Stuart Road and Loop 288 (see Enclosure 1). Size: 34.133 acres 2 96 042 P2 Staff Re plod 6, 32 X 0 I .GENERAL.~?[1~F,O,~M~~`'~i~~~~~','~_ ;ts'r %',~N~1°~'~a~'.~a~'+:~.✓~C.• i i Applicant: Brian Burke Owner: Dr, Ed Wolski Burke Engineering 2436 S. 1.35 East 1318 Auburn Drive Denton, TX 76205 Denton, Denton 76201 -?%D NNED,,pEV.E ffO ;ZO ,IWPROCED_URES!l~, ; r Planned development zoning districts (PD) are Intended to provide for the development of land as an y from the established Integral unit for single or mixed use in accordance with a plan that may var regulations of other zoning district. for similar land uses. They are also meant to encourage flexible and creative planning to ensure the t:ompatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community, and to provide for a development that is superior to what could be accomplished In other zoning districts by meeting one or more of the following purposes: (1) Provldes for the design of lots or building; Increased recreation, common or open space for private or public use; berms, greenbelts, trees, shrubs or other landscaping features; parking areas, street design or access; or other development plans, amenities or features that would be of special benefit to the property users or community; (2) Protects or preserves topographical features, such as trees, creeks, ponds, tloodplains, slopes or hills; or (3) Protects or preserves existing historical buildingt, structures, features or places. There are throe (3) types of plar,9 that my be used In the planned development process; concept plan, development plan and deteiled plan CONCEPT PLAN - This plan Is intended to be tho first step In the PD process for larger or long term developments. It establishes the most general guidelines, Identifying the land use typos, approximate thoroughfare locations within the boundaries of the district. DEVELOPMENT PLAN - This plan Is intended to be used most often as a second step In the PD process. It Includes the same Information that Is provided on the concept plan, plus details as to the specific land uses and their boundaries. DETAILED PLAN - This plan Is the final step In the process and Is required prior to any • development. For smaller tracts or where final development plans are otherwise known prior to rezoning, the detailed plan may be used to establish the district and be the only required plan in the planned development process, It will contain Information specific to the site. All detailed plans should be In substantial compliance with landscape, sign, subdivlsion and other regulations of the Code of Ordinances. When concessions from these regulations are requested by • a developer, there needs to be corresponding benefits that merit deviation from those regulations, 0 • 2 93 042 FZ Stal Aepat 6x IIYrlIY iA ii 0 h . 1 i 1r rY 1 Staff has attached an alternative detailed plan that was submitted by the ' applicant (see Enclosure 10). The epplla .nt provided this plan In response to his request for a variance from Section 34-114(9) of the Code of Ordinances, concerning ` Intersection spacing. I The Planning and Zoning Commission should consider either the original detailed plan or the alternative detailed plan, depending on its actlon on the variance. Staff has provided two summaries of the proposed development - one for each detailed plan. If the Commission approves the variance request,, It should proceed to read the following analysis on Page 3 of this staff report as it pertains to the original detailed plan; If the variance requ.ost is denied, the Commission should disregard Page 3 and Instead, substitute Enclosure 9 In Its place as It provides analysis of the alternative detailed plan. 1 • , • r, 1 J~J t" D42 ►2 RAN K"ortdot A. 32X 1 e • 'S11At1aAfl 0 N °$UMIMARY.0TZ0NlN0 EQ Mfi ,X The applicant has requested the rezoning of 34.133 acres to a Planned Development zoning district by way of a detailed plan to develop a subdivision forwhich the configuration is already known (see Enclosure 2). The Intent Is lh develop a single-family subdivision that provides for a range of lot sizes ' from 5,600 square feet to above 8,000 square feet (see Chart 1 and Table 1). In total, the proposed detailed plan provides for one hundred Chart 1. Proposed Lot Sizes and seventy six (176) lots. The majority of these lots (139 or 78%) are less than 100 seven thousand (7,000) square feet, 90 while 37 lots or 22% exceed this square 4 Bo .r; footage. 70 Table 1. Donlon Gordon Addition 60 I'LL-'k ys:- 50 > +nJ t ii;,w 4 Lot BEa Lots Percentage E 40 28 Tr`a s~. lS4• Ft.) 30 Z 20 44 A 6,500 - 0,000 28 16% 10 M? 61001 - 8 600 95 64% 0 0,501 - 7 000 16 a% 5.600- 6,001 • 6,601- 7,001 - 8,001 ♦ 7001 - 8,000 20 1190 0,000 6,500 7,000 0,000 8,001 a 17 116 Lot Stu (Squsre Pool' Total 176 100.0% i As Chart 1 demonstrates, the single, largest concentration of lots Is found In Chart 2. Zoning Comparison the 6,001 to 6,600 square foot lot size - category, It contains ninety-five (95) lots i lao 156 or 64% of all lots. The proposed mix of t 16o 139 lots produces an overall density of 5.15 10 lots per acre, E , 120 100 - G 6 eth92onbp Existing zoning allows for a more dense e0 74 c Proposed ro ino lot per acre ratio. Specifically, the 15,58 Bo - acres zoned PD 39 allows a maximum density of ten (10) lots per acre, 40 20 ~s translating Into a maximum of one • 0 hundred and fifty-six (166) single-family Clueler Less Than SF.? 1,000. attached homes (see Chart 2 and iWer 1,000 Enclosure 3), The romalning 18.67 acres are zoned Single-Famlly 7 (SP-7) and would add approximately four (4) lots per acre, equating to seventy-four (74) lots. 1 his translates Into somewhere around two hundred • and thirty (230) single-family homes or 0.74 lots per acre. So, even though the proposed zoning • • would contain one hundred and thirty-nine (139) single-family detached homes on lots with less than seven thousand (7,000) square feet, existing zoning could produce fifty-four (64) more lots. On balance, the proposed rezoning offers a form of development that Is closor to straight zoning i regulations than does existing zoning, Z'99 012 P2 VAN ae"Ldoe 9. 32 x I n 0 p 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 commerciaVretail centers spaced at about '/a mile Intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas Is restricted to 64 trips per day per acre In order to balance land use with road capacity. 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 Fummary of the 1988 Denton Development Plan policies applicable to this pro)gct: Denton Development Plan Policy Analysts Summary Low Intensity Area Development Rating vs, Policy POLICY COMMENTS te"mnd:ient inm somewhat Corsilotent intent. Muse areas represent p"mary X twuslnq areas within the Cry. 1 Intensity, To be consistent with the Allowed intensity a 1,046 trtpyatta Plan, a development should not exceed its Allocated intensity, • 1,661 trlpslslts alk noted Intensity. Allocated Intensity . 1,651 troVoe' ' Aiterrabve Detailed Plan X Site Plan Control. Strictproperty The detailed plan proYdes fun control development control within 1,600 feet of over the development of this property, x ealstng low density residential areas. TroMc Deslgn, Access should be The proposed single-to mly subdMsion yrovlded to ensure that muilldamlly Or would have access onto 5tuaA Road and non resldenbal uses have access to at sorts Point In Ume, H the Properly to , Collector; or larger artenab with no dired the south is devetDW, onto Huntington X earn UvMh residential streets. Drive. Open space. Sulfident green spate, The proposed development win contribute X recreational fadlities and dNersity of parks to the development of dlc Parks by are provided, providing fees In lieu of land dlco n. Public Participation, InPut Into The applicant dd no hold a panning by neighborhood assodabons and cat neighborhood he old hold one y W, b 0 councils Is encouraged, In the deve*ment process X Land Use Dlverselty, Non residential and This Is solely residential, multi-farrdly develooment Is encouraged to x a nmlted degree, Manufactured Housing, ' his form of Not applicable. single-family may A Compatible . with developments In the bw intenyty X areas oub)ed to Conditions, Q Sblp Commerclal, Any farm b( Not oppiubte. continuous drip corm"rcial N strongly X disco Kaged Irdor near bw Intensfty area, I L 96 041 PZ Sta7 Report.&C 10. I I K 10 32X I[] l3 0 4998 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 consistent with the policies of the 1998 DP. The table below provides or summary of the 1998 Denton Plan Policles applicable to this project: Denton Plan Policy Analysis Summary Development Rating vs. Policy rc Not UV,~ CATAGORY POLICY Inconsistent Appllallq Conssstent Trainsportartion. Comprments Denton's Lary-liti Thoroughfare Plan. , 7 X Promotes Access Management RaNca x optimizes operations for emergency service providers and yr% oNer Pudic seMce prodders. c X _Promotes public transportation system, : r X Contributes to the Denton Traits network. : X Storm water ofIInago. Protects IDO-year doodplain areas in accordance Wth Demon's watershed management plans, _ f. x Conforms to local fuwvlsio ~ regulaws. X s ConVltutes to regional detendon fadllbes a' X l Prod des for natural epanan environment along Aoodplaln. r X Ali Upgrades 0sting substandard drainage systems as InMil ' and redevelopment occur. X Water and Develops and maintains property and private Wastewater, Infrastructure. X Creates opportunity for oversl&g water and wastewater Imes to meet future development demands X AN rt Provides review of r roposed water and wastewater Infrastructure to ensure pudic safety and health, r''tn X Promotes Inrdl improvements over new line extensions. St$• X Provides underP'oand elketrk service for new resderi 1' [lectrlc. ,r.,y and nonresldenuai development x Solid Waste, promotes emdent access to all development for solid l.'A waste senrce delivery, t X Parks and Recreation. Loupes narks and recreation facilities in accordance with f @ the Parks and Recreation Strategic Plan. Enhances parks end recreation opporturates for re9dents. ; fi X Preserves f Wdplain For parks and open space to ald 1.1 rcodplain Mnservaum efforts. x Allows comdning or parks with other public facilldes to f I achieve cost effective delivery of "It MrVcn. Residential development should dedicate Is rd or reef In @ lieu of land for nelghborhood parks. X 0 @ t EavlronmentalQuality. PromMespreservauonofn•turalrewces. X' 1• r}' Integrates erndronmental Rotedlon Wb) ecownic j , growth and eommi nity d eetopmenL X a Alternative Detailed Plan Dovelopment Rating. t 98 647 PZ Staff ReporLtx 11, I:J ;i2 x f:~ :gloom , `r I 1 1998 Denton Plan Policies Analysis continued Denton Plan Policy Analysis Summary Development Rating vs, Policy CATAGORY POLICY twondsteM Apo able oorm>fent Nalghberhoode. Rtes access to public end ormNty fedllbee far. vtAddenbalnevhboArooda X Enmragn a mbAvre of land uses that benefit residents, x prow" and pressrvas exl*m neighboiwods. X pry+lfldn bkyda and pedestrlan traMc within and 's.' between neghgbeahooda ro redxe vehlndar trips,t X that appeal to e+ffekq Q~ X n Howlnp. ial kfe- es ee=xxr a offers a vute end q kWof eirMgfe-fampy lot fzes, tu"ng ozeb r X end pia range! preserve vWq housing, avdudlng affordable housing, •R I a," kAl }bating corubwoon. X Economic Contrwes to a atrorv and dvwed Coal ecorwnw by Dhow ks"on, Inatasi q oywwt and bxprOng the tax bass, % Government, Enauragn Interpoventm w coordnaban to proNde co+t'efrod" pubic eerdcea ae~~ "an oalpn. Addressn tonvruxdty appearance in a cwwahemM ~r manner, brAtt errdrorvnenl• DIV"Pa Irdil"011 Winim Of wo%orlwod "I development ftutd be toff" We with exfstlrp land vin and butldngs. % Prottctf and preserns Denton's ardyteduril, CA 4 and Nstoial retouras. Enhances V* appearance along rtular entranceways. X i, promotes the presenvsw of trees and tandsapng. X iubpe involvement Nod" an opportunity for We Won doing CN X ~O~ Banning pnoase, . . ' Alternative Detailed Plan Development Rating 1 1 I 1 r al • f I f 1 J 1-91 1043 11 Stag Reportdot 12. 10 1 O h TWO" SPE31AL'' Ij'1.F,~?MAY1O.~.~i?I' A.ik 0~r~51 1. Transoortatlon A. Trip generation The proposed development will contain only single family detached homes. On average, single- family development generates 9.65 trips per day per unit, say ten (10) trips, The applicant's engineer has submitted a traffic Impact analysis, using ten trips per day per lot (see Enclosure 4, second page). It demonstrates that the entire subdivision could generate another one thousand seven hundred and sixty (1,760) trips per day (see Table 1). However, if the alternative detailed plan Is considered that number of generated trips drops by thirty to one thousand seven hundred and thirty (1,730) trips per day (see Table 2). Table 1. Original Detailed Plan Trip Generation Land Use Average Trip Total Trip Maximum Bulldout Generation Per Generation Single-Family (Detached) 10.0 tripslday 4,760 176 detached homes Total •Trip I Allowed Trip Generation 34133 acres 2,048 60 tripslacre Difference 288 14% below allowed trips ' Cerculallona provided by the Inatltute of Tranaporutlon tnglnun, 4001. I Table 2, Alternative Detailed Plan Trip Generation I Land Use Average Trip Total Trip Maximum Bulldout Generation Per Generation 1 Single-Family (Detached) 10,0 trips/day 1,730 173 detached homes Tots I Trip Osnerstlon 10730' Allowed Trip Generation 34.133 acres 2,048 60 telps/acre t Difference 318 18% below allowed trips ' C elculellons provided by the Inelllure of TranapoAellon tnglnure,1991. l Under either scenario, the traffic generated Is below its alloocted intensity as defined by the !Denton Development Plan, The original detailed plan would generate 14% less than allowed, while the alternative would generate 16% less, 8, Access All traffic would be directed onto Stuart Road (see Enclosure 6). A second point of egress and Ingress to the neighborhood will be made at an undetermined time In the future when Huntington f Drive is extended up to the Denton Garden subdivislon, This connection is dependent upon the ! property to the south being developed. O ! Lk Cr Road Capacity Stuart Road Is classified as a spcondary arterial by Denton's Long Range Thoroughfare Plan. At 1 present, the most recent traffic count along thls portion of Stuart (south side of Loop 268) was 4,157 trips per day. If developed to its full street design of four (4) lanes, Its capacity would be l 1 90 047 PZ Stag Aeportdoc 13, f approximately 16,000 trips per day. The traffic Impact analysis provided by Brian Burke considers this portion of Stuart Road a collector (given its present configuration) for the purpose of evaluating road capacity and uses 790 vehicles per hour at Level of Service 'C' (see Enclosure e, second page). This conservative approach assumes a maximum road capacity of 9,480 trips per day, which Is in line with a tolerable traffic flow on a two lane undivided roadway. According to his analysis, total dally vehicle trips would be approximately 6,100 on Stuart Road including the trip generation figures calculated for Denton Garden Addition. Stuart Road has adequate road capacity to carry any additional traffic generated by the Denton Garden Addition. • I D. Pedestrian Linkages Sidewalks along all public streets are required. There Is an existing sidewalk along the east side of Stuart Road that abuts this property. Sidewalks will be required along Loop 288 as well as throughout the subdivision. I 2. Utilities i This site has access to existing water and sanitary sewer lines: Water Twelve (12) Inch waterline that ends approximately 600-feet south of Loop 288 on { Stuart Road. Wastewater: Six (8) Inch force main running south on Stuart Road crossing Loop 288 and changing Into a 16-Inch gravity sanitary sewer approximately 300-feet south of Loop 288 on Stuart Road continuing south. 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. The Denton Garden Addition would required both on-site and off-slie drainage Improvements, Including participation In the construction of the Kfngs Row regional detention pond. These drainage Improvements will be based upon a preliminary drainage study that is required with 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-off will be carried across the property or stored on the property. 4, Signs Any sign(s) will comply with Chapter 33 of the Code of Ordinances, concerning signs. E 5, Off-Street Parking Every lot will have a two (2) car private garage as per the detailed plan. 8. Landscaping This property will haVA to comply with the now Landscape Code, which requires Mteen (16) trees per acre and twenty (20) percent of all surfaces to remain pervious (piantable area). O 1y~ 7. Open Space Park Land Dedlceflon. Based upon the total acreage of she proposed subdivision, the land dedication for Denton Garden Addition amounts to 1.23 acres. Becauss this amount is below the r WOM2 Pt Sul Ae,*Ldoc 14. 32 X' 10 e , i cwt r U five acre minimum for a neighborhood park slte. the City will require fees In lieu of park land dedication. The Parks Department will work the developerlowner to calculate fees in lieu of land. A tax assessment or contract price may be used to determine the value of 1.23 acres of land for this development. This fee must be paid in order to file the final plat. Park Development Fees. If the subdivision includes 176 single-family homes, the park development fee wilt amount to $51,216. If the alternative detailed plan Is approved, this amount would be slightly reduced to $50,343, This fee must be paid before any building permits are Issued. 8. Associated Public Improvements 4 This development will require the following public improvement: a) All Interior streets and street right-of-ways within the subdivision. b) Right-of-way dedication on Stuart Road. c) On-site and off-site drainage improvements including participation in the construction of the Kings Row regional detention pond. d) Sidewalks along all street frontages including Stuart Road. F i e) Possible off-site traffic Improvements, ~ri41 4{.r= ,'tYC, .I i~1.l~•. f'MN•~~~Rr1-w 1960 The subject property was annexed and zoned as an Agricultural (A) zoning district by Ordinance 60-40 which amended the zoning ordinance and map for the City of Denton. January 12, 1982 - The subject property was rezoned from an Agricultural (A) zoning district to Planned Development 39 (PD 39) zoning district and land use classification and a Single-Family 7 (SF-7) zoning district and land use classification by Ordinance 62.08 which amended the zoning ordinance and map for the City of Denton (see Enclosure 11). The subject property is not platted and would need to be platted prior to any development. y p0BLIC.N0Till CE„; Notice of the zoning request was published In the Denton Reoord-Chronfcle on November 1, 1998, I Twenty-six (26) property owners were notified of the request on October 16, 1998, Aq of this writing, there have been four (4) responses (see Enclosure 8). Three (3) responses are opposed and the other one (1) Is In-favor to the request. All three property owners In opposition to the rezoning live directly south of the subject tract on the east side of Stuart Road. Staff would like • to point out that the one (1) property owner, who responded In favor of the request, Is one in the same as the property owner of the subject tract. No neighborhood meeting was facilitated by city staff, The applicant stated that his group had held a neighborhood meeting prior to submitting an application for the rezoning and felt that was adequate, 2 99 N2 P2 SIa9 0.emLdac 15. 1 Y M Y Y~ . I --••1~llII 7 N~'~YYi}CJ y. r7 r ~J t32 x LI 0 Ftaff recommends approval of the alternative detailed plan for Z-98-042 with conditions. The alternative detailed plan Is consistent with all of the 1998 Denton Plan policies, including access management practices and local subdivision regulations, unlike the original detailed plan. However, , the alternative detailed plan permits smaller lot sizes than allowed within single-family zoning districts. For there to be corresponding benefits to the City of Denton that merit deviation from the minimum lot size for single-family lots as requested by the applicant, staff proposes the following conditions: 1) That a physical buffer, i.e• a fence, be erected along the northern boundary of the rear yards of all residential lots that are adjacent to Loop 288. 2) That one (i) canopy and three (3) understory trees per one hundred (100) linear feet be Installed along the north side of the physical buffer. These conditions are directed at enhancing Loop 288, a major entranceway Into the City of Denton and providing for a sound barrier from between residential properties and an adjacent primary arterial ,y ~ y, p.~ < 1 b ,3y'~ s ~{:M ~T~ ~~"AN• , ,~s F'y' ~~Si I move to recommend approval of the alternative detailed plan for Z-98-042 with the conditions recommended by staff. 1, Recommend approval as submitted. 2, Recommend approval with conditions. 3. Recommend denial. 4, Postpone consideration, 5, Table item, .tr••, t ilr p tl. .-F. ~yA ~1! l ~ ; I , r ~''y;' 4 ~ b }f~ f ENCL03. MS r !~f A 1. Location Map. 2. Detailed Plan. 3. Zoning Map. 4. Traffic Impact Analysis (T•I.A.) Letter, 5. Existing Dally Traffic Count Map. 5. Projected Daily Traffic Count Map. 7. 200' Property Owner Notification Map. 8. Property Owner Responses (4). , 9. Summary of Zoning Request (Affematlve Defalled Plan). 10.Alfomaffve Walled Plan. 0 11. Z•1522 Map. 198041 at stol Report eoe 16 . 2h ! 0 32 L~ x NMALMIJLML~ 1 0 ENCLOSURE 1 NORTH 298.042 (Denton Garden Additlon) TUART LN Q H Lppp 2p ■ SITE „ MCLLED C 6 ao•~u ` tt ~04 d c~a ~ 6d6+e:a 8~lA68~D \ D ~~~~ld LOCATION MAP Agenda Date: October 28,1998 semW. Nonf 17. t 9} -~~81. e 10 25 x32 x I 111 1 1 f gx:rlt ) Y lxl:<rriw •tMb N., M: 4 6.bN o-00' 00' SH LOCIR 28E 1270' A-0-WI yICUtlSY IAAe 6. were e.166w Iwrl'N 164 .64ii _ JI - Lt 'i'6, 66 65 11463 6t W 66 19 S6 So so SS 56 is S St S, So 68 It It 16 IS 1~ 43 12 11 1«6 t1 ro 39 A 6 Lx MI OR f _ r m MD A L! 69 ,a. NO JM L ~ 70 )9 4+ t 6 11 II 11 1211 I 70 'Ott 21 +o 19 1182 81 ;A 1 If 1 BI 0 7 Ia 1 )6 16« 'N'r Ir 11 lam. 6 4 f 17 I v I 71 U~ 17 r 611 7{ 1S to r 7 ) / S { / 1 9 V II ~i l 7 7 / ! { 1 { S ID~ 76 r Lac A 11 61 I. 1 LA. -Q•I s,,... to W_ -W - /.e L.. 116wxr 6r 616IIY hire ! ~J 6 t9 t6 ti N 31 Lq ! 1a 35 71 11 12. so S 25 21 t7 tt• t1 !0• to ?311 21 IS 16 it to is 30 31 1 31 SO 1 to x I to a 77 Lo j 1 BI ch 3 L 1 l a L 11 3 S G -~R. S. Ni 1IS. 1{. 17 I! I Ttt' A 10 A 16 A 19 I/ 12 1 Z . 1 44 I_ J 0 77' 7, - o s on p 1~1t~j / t I t 3 / ! { 1 6 ! 10 a It d 14 . is :6 H e 1 t r 7 BI IN i L 11 r4 S P ch L r ' 6.1 0 f r 6 6 i DETAILED PLAN }A rxN 1 • r• a t' 'LAC, t.4.1 DENTON GARDEN ADDITION ,6w~ Yxw.f f1.W 110i b DN oil Mr- ~ "'rrr uury 11l blwp Inrl•, a "drltlh lM,/t, ahl. 110 IN, o Ill 61 Doll )MN 't• R h6r6N {ft' or fl /rr W41, feral br; 1 I to to 1101.6" "1611e IR°"tD ,611 41 u fw b w 0.«MN h.,M4 1116 1 0 1% '106 t IIx~NI ,'I OMIM, f..m hHt Ire !1lOr rll 6Mh" OIOF -or. 9. Il 0. . NNtr61 fa« rM 61..ON. I, BI, l1 ""C 32 x~C -rc~ra , 0 4 . jh i ENCLOSURE 3 NORTH Z-98-042 (Denton Garden Addition) + STUMT w ETd , ETJ • I i 47 I~ - - - - - A- I T-Sf-7--- _ - D 3i+ '----.P4 _ I -Ri OR R . PD 39 PD 90 SITE ` 8F•7 "aft I ° R+LL A PD 90 VOID 791 ~M e• =oil PD 90 I 4 ~ ~ I ZONING MAP • r "•i ~ t mmmmi Agenda Date: October 26,1998 Scale: None 19. ' ;c. ~s,,, 5 x 10 32 X I O a a~cae , O 1 20 October 1998 • ENCLOSURE 4 Mr. Dave Salmon, P.E. Engineering Administrator City of Denton, Texas 221 N. Elm Street Denton, Texas 76201 Re; TRAFFIC PROJECTIONS Denton Garden Addition Dear Dave: I estimated additional traffic on Stuart Road after all 176 homes are occupied at Denton j Garden Addition. I applied 10 daily vehicle trips per home and allocated them to each of I two new streets intersecting Stuart. If the single entrance land plan is adopted, traffic totals should be slightly lower than my projections. The first exhibit shows 1997 daily vehicle counts for Stuart Road. I applied 50% of the total count in each direction (north & south), I also adjusted traffic on Stuart based on the count at Hercules Lane and the number of existing intersections along each side of the street. Traffic generated by the 176 new homes was assigned to the nearest internal street, The north intersection serves 115 homes, and the south serves 61, Therefore, 1,150 daily trips use the north intersection and 610 use the south. I assumed equal turning volume at Stuart for exiting and entering traffic, and also distributed movements equally in each direction. For example, at the north intersection 288 vehicles (1,15014) exit by turning right at Stuart, 288 exit by turning left, 288 enter by turning rigbt-from Stuart and 288 enter by turning left from Stuart, The same distribution was used at the south intersection for 153 movements (61014) in and out for each direction. The second exhibit shows projected Denton Garden Addition traffic added to the 1997 O daily traffic counts. p 1 continued - • I F 2o. k 7M c ' j l 20 October 1998 ' Mr. Dave Salmon, P,E.: Denton Garden Addition; page 2 - I I Stuart Road is considered a secondary major arterial. However, I considered it a collector for the purpose of evaluating capacity and used 790 vehicles per hour at L.O.S. 'C'. To be conservative, I multiplied 790 vph by a 12 hour day to arrive at a daily capacity of leas 9,480 vehicles. Total daily vehicles with Denton Garden Addition completed will be approximately 5,100, which I expect will easily exceed L.O.S. 'C'. _ I conclude that Stuart Road, even in the present configuration, has ample capacity for r additional traffic from Denton Garden Addition. f I hope this information is helpful. Please call if there is anything you want to discuss. ti (A copy of the 1997 Traffic Count Map is attached.) Respectfully, t; Brian Burke, P.E. xc: Mr, Wayne Reed (City of Denton Planning Department) ; Mr. Dan Gould, Jr. (WV Development) t BRAN BURKE, P.E. 1318 Auburn Drive • Denton, Texas 76001 p • Voice: (940) 382-4949 FAX: (940) 484-5687 r, gaelbritn@hotmall.oom 21. ; 10 2X O • y (Y1AJ r o ao too, 40 LOOP 21A F-1 1 1 1 1 1 1 1 1! 1! i 1 1 1!! 1 1 1 •.U 11{f 1471{4 1671621{I.i so: $9 Is S? iS6!55 i54157i Sl1A!lOi Aif4141144145144 63!•2 L• 1 ~ I ' I ' 1 I r 1 I 1 1 1 1 I ~ fl {6 'r i..J...l..~ E..~ ..1.....1...1..J..s...L., ..I.....~...t..J...l.. ..i_. ; ~..1 n n f4 .......~.....r.. T,..l...r.. °'1 10.. 1.134 At. •6! 1~ 1 Z1 1 - i 1 1 1 1 1 ! i ! i S 1 1 T 1 1 f 1 1 I I 1 1 I 1 ii i 1 , 1 I r 1 1 1 1 1 1 1 I 19'11'11116. 0~ N 113 it 1 31 70 . 1 1 22 i fl ! t0. 111 11 17. 14. is N. 131 • ' 1 1 1 1 I 1 1 1 r 1 1 1 1 1 1 1 1 ' I 1 1 1 1 I 1 i 1 . 1 I 28 S 17!7611'711...... . I ! 2! 3! 4i S1417!I~f 110!6. 6.~'1 a 3!4,1 1 714111q `!F'74 r 1 i 1 73 1 1 . j 1 1 ! 1 + n 1 1 1 } 11....... ••p .IL A...L..l......: ....1..1 ..r......J.._t.....i..~~ L.......... 1...1..~-..... L........ ! 36135 ~14 1 it 1Sti S1!SO! 21!2{!271 ft.23dd..b 1122!till 120!F9 1 ip 124 as ~ft ltt to•t1~30!!1 St lli 13 \54 ~ IN PQ or'' ! ! ! ~';...t.. ! ! I . 1 i . 1.. E............. 1.... IS ! I{ 1 16 ! 1 tt h I 10. 11 11 1 17 { M H N U it ^t 1 1 ! ' 1 S 6 ' 1 i IO' 1 1 tt 1 IS ! 14 11 it 1 ! ! ! ! ! ! ! ! ! ! 1 1 ! 3 ! ! ! 1 { 4 r A .1 ..r...r..~...r..~...~...r..~...r..Y •...r...r..~...r...r...~ r...•...r.. I.. i ..j..~• /..,0 7' I I 1 1 I•~ 1 i 1 ~ i 1 1 1 1 '...1I ! ! 1 1 1 1 1 1 1 1 1 1 1 1 I 1 t, 1. I I S 1 1 S 1 4 1 I 1 6 1I 4 1 101 1' It 1 131 111 IS I N 17 H I 161 201 '21 i I 1 1 f 11 S 1 4 7~ 1 III 1 1 1 1 i 1 1 1 I I I! i 1 1 . 1 1 r r 1 i I 1 1 1 1 1 I I! 1 I 1 I I I ! I i 1 1~ 1 1 Olive 1 Sp.04 0' 7 ! t 4 4 • 8 C ~~A4 Lana 1997 AVERAGE DAILY TRAFFIC COUNT • on STUART ROAD DENTON CARDEN ADDITION o LEO= u c , , . «116„ Lillie e~ 2.929 6.r10 2 Dan vinitl. Levn1 19971 Mi ~ ~Ir R 9 2 Zn b.y., r..0 Kle .irJu„0 OF LI ISII 0 11111 Ilf M•e AM p 10 MIM 1'j > 'r ~ 32XILI 0 • 0 100' 200' S01 001" tee 1 Projected { 6{ t5 N S) 12 V 410 SS S• Si It SS N SS 52 5" So 41 It ti 14 O 11 43 42 fI Total • 5,039, 6e n ti 12-hr. cap. - ~ 9,480 vehicles n L` •3 •o 10 22 t1 i0 h le I7 le 17 I{ IS It to M 10 17 IS 15 11 17 it 1 39 71 31 It 3A `r% Tt 1{ q P/ IS I 11 t $ t i 1 S ID S I t 3 e S t i • 1 IO $e 7 !e 33 I g f fa W R SS 71 13 70 SI 7o 19 Is it it IS 24 11 if rl t0 M I3 tl 2S et tl 2e tl 30 S2 33 It p1 Or, FNf w Or\0 ~1 I t t • 1 { i e 1 0 f It 13 II 11 It II 11 It t1 to It 41 II le IS I/ 13 It e • o n 10 / ~ I e i • ! f i e 1 Ip / 11 rl I/ I! K A II If t0 !I I i S • S { I • 1 II pine n4 I I f PROJECTED DAILY • p•''^ TRAFFIC COUNT on Stuarl Road • w0O ~I When DENTON GARDEN ADDITION lE4tEN12 Is Completed DENTON CARDEN ADDITION t~,liA PrenUet t•ertef a..o', in...fln polry h•fr~c Cf1,nr a to~ eu jyn0 L0~• r•I.I M M -1Flfy.. M' projected Total - 5,090 ~;'reoa' nimuieu° 12-hr, cap 1,480 vehicles .•a « ` 32 x 0 1 Now& , ENCLOSURE 7 ~ NORTH Z-98-042 (Denton Garden Addition) SITE, N N ~ ■ 7 . F~itl■ r:7 ■ I LOCATION MAP p Agenda Date; October 28,1898 Sofa; None 24. ME, lti S ft] 32xI❑ 0 i y ENCLOSURE 8 NOTICE OF PUBLIC HEARING Z-98-0a2 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, October 28, 1996, to consider rezoning a 34.133 acre site located on the southeast comer of Stuart Road and Loop 288 from Planned Development 39 (PD 39) zoning district for duster homes and a Single-Family 7 (SF-7) zoning district to Planned Development 39 (PD 39) zoning district for single- family detached housing (see map on backside). The property Is legally described as the west 34.133 acres of Tract 26 in the S. McCracken Survey (Abstract 817)), In the City of Denton, Denton County, Texas. The purpose of the zoning change is to approve a delailed plan for one hundred and seventy- six (176) single-family lots. Existing zoning would allow for a combined total of two hundred and thirty (230) single-family lots. The public hearing will start at 6:30 p.m, in the City Council Chambers of City Hall located at 215 E. MdOnpey Street, Denton, Texas. Because you own property within two hundred (200) feet of the s&b)ect property, the Planning and Zoning Commisalon would like to hear how you feet about this zoning change request and invites you to attend tha public hearing. Please, in order for your opinion to be taken Into account, return this form with your comments prior to the dale or 'he public hearing. (This in no way prohibits you from attending and participating In the public hearing.) You may fax It to the number located at the bottom, mall it to the address below, or drop it off In-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Wayne Reed, Planner I The zoning process Includes two public hearings designed to provide opportunities for citizen involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing Is held before the Planning and Zoning Commission. The Commission Is informed of the percent of responses In support and in opposition. Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feel of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms ore used to calculate the percentage oflandowner opposition. Please circle one, __11 I In favor of request Neutral to request ~pposed to Comments: request (c rt Sr 7. m i✓ T•S 0 U`PVJZ " TUiYd - r~ % / ,CaZS R jpi~vJ9 r'/ leTJ Signature: Cr lam' / Printed Name: 1~O, Mailing Address: O S- I 1 ,5 l5 4 City, State 7.ip1 72ell e- iy Yd O 0 • } Telephone Number: - ..2 113 `O 3l cc I y lY $ i Physical Address of Property within 200 feet: a CITY OF DENTON, TEXAS CITY HALL WEST - DENTON, TEXAS 71120 L MAU D P Z-98-042 200' NO&V doe 25. 3h ~n 32X ID J 0 NOTTCE OF PUBLIC HEARING Z-98-042 The Planning end Zoning Commission of the City of Denton will hold a public hearing on Wednesday. October 28, 1998, to consider rezoning a 3033 acre site located on the southeast comer of Stuart Road and Loop 288 from Planned Development 39 (PD 39) zoning district for duster homes and a Single°Famliy 7 (SF-7) zoning district to Planned Development 39 (PO 39) zoning district for eingle- family detached housing (coo map on backside). The property Is legally described as the west MAS3 acres of Tract 26 In the S. McCracken Survey (Abstract 817), in the City of Denton, Denton County, Taxes. The purpose of the zoning change Is to approve a detailed plan for one hundred and seventy- six (176) single-family lots. Existing zoning would allow for a combined total of two hundred and thirty (230) single-family tots, The Qubllc hearing will start at 5:30 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property whhln two hundred (200) feet of the subject properly, Ne Planning and Zoning Commisslon would like to hear how you feel about this zoning change request and Invites you to attend the public hearing. P 466 -1 our o inlon 1 be taken Into account. Nrn this form with your onmmenta prior to the ate of the public ea ng. is 141 no way prom"s you from e e ng V pe M the pubtlo heeling.) You may tax it to the number located at the bottom, mail It to the address below, or drop It off In-person: 7fx ~ Planning and Development Department sr 221 N. Elm ST com WK~ Denton, Texas 76201 Attn: Wayne Reed, Planner The zoning process includes two public hearings designed to provide opportunities foir ddzen Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of I the subject property are notified of the zoning request by way of this notice. The first public Mating Is I held before the Planning and Zoning Commisslon. The Commisslon Is informed of the peroent of responses In support and in opposition. Second, the zoning petition is forwarded to the City Coursed for final actlon providing the Commission recommends approval. Should the Commission rooo("nd dental, the petitioner may then appeal the request to the City Council. if owners of more than twenty (20) percent of the land ares withln two hundred (200) feet of the site submit v+rfttOn opposition, Can sts out of seven votes of the City Council are required to approve the zoning Change. Those forms ere used to calculate the percentage of landowner oppostdon, please circle ono. In favor of request Neutral to request Opposed 1o request Comments: Printed Name: txY° 2 • Matiing Address: L City, State Zip: A) O PLANNING b DEVELOPMENT • • Telephone Number: 96~Q - 2 $ 2 ~t-- W Pnys"I Address of Property within 200 feet e°~ { CITY OF iw1FNTON, TEXAS CITY HALL. WEST • Dri NTON, TEXAS 98201 • IMO.3414350 • (f) 00381.7107 z•se at a~or+ak. a;~ 26. J T ~y I Y t, 5 V.i 11 1 • n . n • n. 1 ~ r jtj ' III 1 `M • ' I I October. 22,199a PbmW end Dcvtlopmeat pepecoamt o 27112 E6e ST 'i Denton. Tau 7QOI Sold ect: Wodw of Publk Nestims T198-OC(Deotm Oetdm A6dk n) 1. Ary comments: The evetar e3ee of 4.440 eq R lou piwt,ed for Als development Is Iwdy (112) one MY dwsize ofmyW. WhkhWit" tomediettheskeof*ephmedboom w9lbe eel (2h) r two tt &Wi to site of say Rome. This indicates to ms diet YOU we Sa ft to I nhm of m ✓ ~Qlllfa RespeaMY, Mee W. Oridtete~r 3925 Yelbcytme VA Anton. Tk.7001 Plorto: 940366-2522 1 i I I y C . 1 4 I lk, 'I i 11 .fY i 41 ~ ~ W I: 1 j 'F I 27, I 32X 10 r , n FnU I : J f nniy D cwi. FGa i t01-5 FI-10 15 410. : 940 387 2593 Oct. 22 199E 09: a=r l Fl NOTICE OF PUBLIC WEARING Z-98.042 • The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, October 28, 1998, to consider rezoning a 34.133 acre site located on the southeast comer of Stuart Road and Loop 288 from Planned Development 39 (PD 39) zoning district for duster homes and a Single-family 7 (SF-7) zoning district to Planned Development 39 (PD 39) zoning district for Single- family detached housing (see map on backside). The properly is legally descn'bed as the wrest 34.133 acres of Tract 26 in the S. McCracken Survey (Abstract 617). In the City of Denton, Denton County, Texas. The purpose of the zoning change is to opprove a detailed pian for one hundred and seventy. six (176) single-family lots. Edsting zoning would allow for a combined total of two hundred and thirty (230) single-family lots. The pbblic hearing will start at 6:30 p.m. In the City Council Chambers of City Hall located at 213 E. Mcidrnney Street, Denton, Texas. Because you own property within two hundred (200) feat of the ; subject property, the Planning and Zoning Commisslon would like to hear how you feet about this zonbrgchangeTequest and krvites you to atlend the public hearing: -Piesse, In order for yo6r"opinIon to be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and partielpatr'ng In the publk hearing) You may fax it to the number located at the bottom, mall h to the address below, or drop it off In-person: Planning and Development DepaArnent 221 N. El1n ST Denton, Texas 78201 Attn: Wayne Reed, Planner i The zoning process Includes two public hearings designed to provide opportunities for citizen involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing is Mid before the Planning and Zoning Commission. The Commission is informed of the percent of responses in support and In opposition. Second, the zoning petition is forwarded to the City Council for final action providing the Commission reoommends approval. Should the Commisslon recommand denial, the peAtioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submilt written , than six out of seven votes of the City Council are required to approve the zoning change. TO !..iris aro used to calculate the percentage of landowner opposidon. Please circle one: In favor of request Neutral to request Opposed to request ' ~ l.~mmanls: Signature D Printed Name' OCT. 2 2 e Mailing Address: 0 City, Stale Zip: LANNIN4 dr DEVELOPMENT Tetephol Number: 1_2 17 Physical Address of Property within 200 feet CITY OF DEN ION, TEXAS errl• HALL WEST • DEWON, TEW 70201 • s10.S0,M0 • (F) 4a.34t,7ro7 z.siaroteswrkxek ~t 28, N a r+Y'M 4 r 10 32XI[i a, 0 r NOTICE OF PUBLIC HEARING Z-98-042 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday. October 28, 1998, to consider rezoning a 34.133 acre site located on the southeast comer of Stuart Road and Loop 288 from Planned Development 39 (PD 39) zoning district for cluster homes and a Single-Family 7 (3F-7) zoning district to Planned Development 39 (PD 39) zoning district for single- family detached housing (see map on backside). The property Is legally described as the west 34.133 acres of Tract 26 In the S. McCracken Survey (Abstract 817), in the City of Denton, Denton County, Texas. The purpose of the zoning change is to approve a detailed plan for one hundred and seventy- six (176) single-family lots. Existing zoning would allow for a combined total of two hundred and thirty (230) single-family lots. The public hearing will start at 5:30 p.m. In the City Council Chambers of City Hall located at 215 E. McWrgiey Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you leaf about this zoning change request and invites you to attend the public hearing. Please. In order for your opinion to be taken into account, return this form with your comments prior to the date of the public hearing. (This In no way prohlbfts you from attending and participating in the public hearing.) You may fax it to the number located at the bottom, mail it to the address below, or drop It off In-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Wayne Reed, Planner I } The zoning process includes two public hearings designed to provide opportunlues for Citizen involvement and comment. Prior to the public hearings, landowners within two hundred (200) feel of the subject property are notified of the zoning request by way of this nctice. The first public hearing is held before the Planning and Zoning Commission, The Commission Is Informed of the percent of responses In support and In opposition. Second, the zoning petition is forwarded to the city council for final action providing the Commisslon recommends approval. Should the commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approvo the zoning change. These forms are used to cafcufate the percentage of landowner opposidon, Please circle one: In favor of reques Neutral to request Opposed to request • Commen st {~j hc'~dT If 0 to Si nature: Printed Name: • Mailing Address: 2 JC ►V ~n7 T"K Kg- CANNING b DEVELOPMENT ~ 01 y. City, State Zip: _ tbyil Telephone Number: 0060 Physical Address of Property within 200 feet: ♦ L o0p CITY OF DENTON, TEXAS CM HALL WEST - UNION, TEMS 70201 - 440.149.0350 • (F) 0403403707 iiij LDa-0I? ?00' Noliu.dot 29. 25 k 10 32X ft] • ~ aamars O d , „ „nagc+n~ ENCLOSURE 9 0000000: SUMMARY OF"ZONIN(3_RE QO$,Tpp (A-I.L RNATIVE DETAILED.PLAN) _ The applicant has requested the rezoning of 34.133 acres to a Planned Development zoning district, using a detailed plan to develop a subdivision for which the configuration Is already known (see Enclosure 10). The Intent Is to develop a single-family subdivision that provides for a range of lit adzes from 5,50(1 square feet to above 8,000 square feet (see Chart 1 and Table 1). In total, the proposed alternative detailed plan provides for one Chart 1. Proposed Lot Sizes hundred and seventy-three (173) lots. The majority of these lots (133 or 77%) so are loss than seven thousand (7,000) 70 73 square feet, while 40 lots or 23% exceed n sp this square footage. 9 50 Table I. Demon Garden Addition ~ 43 40 Lot Slze Lots Percentage 30 F 9 .'~r » e t (Sq. Ft.) yy Z 20 Y,7 17 r v i 16 ii t 1 t 5 500 - 8 000 43 2590 10°. 6.001-6,500 73 42% _ 0 A 8501-70!9 i7 1~;6 5,500 • 6,001 • 8,301 • 7.001. 0,001 + 7,001- 8 000 24 14% 6,000 6,500 7,000 5,000 8,0014 16 gYa H Lot Site (Square feel) Total 173 100.096 As Chart 1 demonstrates, the single, Chart 2, Zoning Comparison largest concentration of lots Is found in the 6,001 to 6,500 square foot lot size lap _ category. It conlalns seventy-three (73) 16o --156 lots or 42% of all lots. The proposed mix 140 133 of lots produces art overall density of up 5.071c's per acre, 1 100 oa.isthezonhe Existing zoning allows for a more dense 80 » l0Proposed zoerl Iot per acre ratio. Specificsily, the 15.58 so acres zoned PD 39 allows a maximum 40~ rrK density of ten (10) lots per acre, 20 ! sal translating Into a maximum of one ! 0 p tester Less Than ~F7 1,000 hundred and fifty-six (156) single-family tie T,ooo attached homes (see Chart 2 and Enclosure 3). The remaining 18.51 acres - - are zoned Single-Family 7 (9F-7) and would add approx,mately four (4) lots per acre, equating to seventy-four (741 lots. This translates into 1 somewhere around two hundred and thirty (230) single-family homes or 6.74 lots per acre. So, even • though the proposed zoning wo;lld contain one hundred and thirty-three (133) single-family detached O homes on tots with less than seven thousand (1,000) square feet, existing zoning could produce fifty- seven (57) more lots. On balance, the proposed rezoning offers a form of development that is closer to straight zoning regulatio•is than does existing zoning. 1 i 1 CA 043 PZ stal Rewt,CW 30. 32 X o X19 • 1 a I r Iwia fiLH1 1•,LHN .I.❑ IP 1 ~ Iw [rlw Inil /Iaa1 I. M'wM Mlwll V~ 1 1.J u I 0 100' too' 6M LOOP 266 1220' R-O-W! YICIWTY ►IFP e. ws,e Nor, I IN. ..Mm u Ir 0 h 67 10 61 64 67 67 1l 60 Sf !e S7 !a 0 A !T S MIS H 10 07 46 I! 01 41 <I 7r4 ao w 02 - fo 11 A i nnrn ie t ! I nl 4 i! ~ r _ ~ w 1 710 IPi ~i 4 70 +9 10 4 K 11 11 q f n+7 79 70 R!t 21 20 M 11 17 16 O 10 15 r 6* I.ro- w 7, If B~ d 21 1 r, el Co 2 l01 7i p2 y JL 'ts L w 1 2 7 ! e 7 e Block 9 to n I t 1 t 1 t le a 9 10 LOy 1~ 77B 7e~ ;AJw 'if ~ ~ ~ Si u: x / if r'N y HILr.4Mn... 4.w1 N1. bull ♦ ! MM 1 ~ 7e ' es » t1 I - rr r9 la 17 H tS d !S to 27 71 7 A'' ~J n 70 t! t► 27 S+ ~5 72 • 2 .01 1 t0 D 20 29 50 74 72 37 O or No Iii • Pi I l ``1 ~1 [ 1 [ l 30 e1 to a t LI I I t 9 e 10 I u. Is. N. a I tt tl ton a u 1e q 6 Air ros on 1e f• f y i 1 e 7 q. 12 I! IO Is d I/ Il is 10 14 tt tS el t 7 0 ! 1 1 Y' ~ B11 A t L 1 S 1 BI [l 7 l 11 C be or No Mr I f / 1 1 1 II or. w. I'll", 'o IA a,w, DETAILED PLAN DENTON GARDEN ADDITION "min 64113 set" M 01l New So 14 a _1 .IS KIrM YI.41, [M a•I••II. lINAHI 111111'1[11. sb al Plait, Pill[ V• . [d1 N OIMI., I'.#' le~lpl PlO /.lµ VI}I[ 1[iMMI Y E pro III MI e.F.r11 IIF 1.r bbl Oli nm Rog 1 C', nip ,l i If.M 111[ 10110 r~l I~ i L bye rw. ■ al 11 Il y1r- L 4•w 11.r M X' El r 0 i i 1 . S F 7~ Pet 0 w SF. 7 ~s(Apt I,f ❑.N4 1~. ' J I , Iy I/M14 PQ ~y zo op o. IINI4 PD. . M ' / ~1,uaoa SF-7 Ifi 1{• •f. I~I ~ / ~{erno ; I u~ 1MIl1.11t•NNNfI W1 rotAt xceoe-e7.1e0 .~..111~.~ ~11•IH1111•IMM Mll.NINIIM IMIM14 all , ..~w • TOTAL A0811.40.91 111114M11% 10M0 Ll /l(1 \A(fOCfAI(f,N10 TOTAL ACRfa-aA47 1 1 f 10 MN (:i:l*, x1(1 (EII(t M11 TOTAL ACRIM.e17 HILLHAVEN' ADDITION . .n i r~111 /111 . f«AI 0.11 If NIK%11110/11 !PI.111, It Q~i 3~, 10 32x!0 1 I1 l i riae4fnl Planning and Zoning Commission Minutes ATTACHMENT 4 October 28, 1998 Page 10 of 21 something blocking the entry to that subdvislon versus the probability of reduced safety and reduced traffic flow with two entry streets Is much different, and I believe that we should go with the plan with one entry. They also have the opportunity not only to do something in terms of emergency access, they could also move the stub out much closer to Juno and possibly. K appeared tome, even link it up very quickly. There's not very much distance. I think there are @ lot of options here, Any other discussion on the motion? AI In favor of the motion, please False your right hand, Motion carded unanimously. (5-0) Is. Hold a public hearing and eonslder making a recommendation to the City Council conceming a request to rezone a 34,1133-acre tract presently classified as Planned Development 39 (PD-39) zoning district (for cluster homes) and SIn94-Famlly 7 to (SFf7) zoning district to a new Planned Development by way of a detailed plan, allowing for detached single-family homes. The property is legally described as the west 34.133 acres of Tract 26 In the S. McCracken Survey (Abstraci 817). The proposal Is to approve a detalled plan for one hundred seventy-six (176) singlo-family lots. Existing ioning would allow for a combined total of two hundred thirty (230) single-famlly lots, (Z•98-042, Denton Gordon Addition, Wayne Reed) Commissioner Engelbrecht: Commissioners, we're at a point we can break. Would you like to take 10 minutes now? I believe Mr. Powell's going to leave In-what-15 minutes? We could move ahead with this one and then break at the end of this one K you'd Ike? Ms. Gourd'e: Let's continue until Mr, Ill has to have Would that be okay? Commissioner Enoelbrecht. We'll go ahead and take 8 b , and then we'll plan to take a break after that. 8.b, this evening Is to hold a public hearing end consider making a recommendation to the City Council concerning a request to rezone a 34.133-acre tract presently classified as Planned Development 39 zoning district for cluster homes and Single-Family 7 zoning district to a Planned Development by way of a detailed plan, allowing for detached single- famiy homes The property is legary, described as the west 34.133 acres of Tract 26 in the 9. McCracken Survey. Abstract 617. The proposal Is to approve a detailed plan for one hundred seventyslx (1?6) single-family lots. Existing zoning would allow for a combined total of 230 single-family lots Mr, Reed is going to give us the stiff report, I believe, Go ahead, air. 11 Mr. Wayne Reed presented the staff report. i Mr. Reed. Thank you, Chair. Before I begin my presentation, I would like to hand the Commissioners a few lilt additional pieces of paper Two-I've received two notices or, excuse me, responses from property owners since the staff report was delivered. I also have a letter from the applicant or a reprasenlative for the applicant that I demonstrates the neighborhood meeting that was held, and K was hold in August. Lest, I have a slightly altered Enclosure 9 The existing conditions of this property.... Commissioner E, gelbrecht: Could you hold on )ust a moment? Mr. Reed. Yes, Commissioner Engelbrechl: Lefs pass these out before we -I think we might... okay, Commissioners, you ready for the staff report? Okay. Mr. Reed, please. Mr Reed Thank you. The existing wnditions of this property are such that it Is undeveloped and Is sum0ueded to the-and is adjacent to some single-family neighborhoods located to the west of the properly as well as 10 the south. The property is spin by two zoning distrii On 15,66 acres, more of less the north part of this property, that Is the Planned Develop-39 area for cluster homes: and file southern half, or the remaining 18% acres, is the Single Family4 zoning. Of course, as it was said, this Is for a single•femny subdivision; end given the valance public hearing that has preceded this one, staffs comments wit address the alternative detoned plan and not realty O look at the original, because staff also supports the alternative detailed plan. So, the proposal to for 173 singla• O family homes with lot sizes ranging from 5,50010 8,000+, Mr Rishel. Excuse me For Interrupting. With the alernale plan, is that novr 170 homes or still 1737 Mr. Reed. One hundred aevenly three. The original detailed plan was 178. 33. 1 L..a 32 X ❑ y raxssaxwa , o Planning and Zoning Commission Minutes October 28, 1998 Page 11 of 21 Mr, R'ahel: I'm lorry. Thank you. Mr, Reed: As the detailed plan on the document camera demonstrates, this Is the detailed plan with one amea , onto Stuart This porticlilar detailed plan Is consistent with the goals and poncloa of" 1958 Denton Development Plan and with an of the potkles of the 1958 Denton Plan. We is the one note I'll make of the original detailed ptan-5 was Inconsistent In We regards to Ore Denton Plan po ides: one being the access management pradlas which Involve the street Intersections; the second subdivision, or excuse me, and the subdivision reguloWns which W» address the arrest Intersections. However, this one is consistent on bath of those policies. A neighborhood meeting was held by the sppncaml without staffs participation on August 13th at Glnnings Elementary School. Special Informallon pertaining to this property is b:et the trip Intensity generated from the 173 lots Is below the elbowed trips for this property. It Is located in a low otnns y area. For 34,133 acres, A Is allowed at 60 trips per acre, 2, 048 trips. With 10 trips per single-famiy home on average, the 173 detached homes will Create aboul 1,730 trips, Thais on page 7 of staffs report In table 2. So, that's about 318 trips below its snowed Intensity. Access has already been covered. The open apace-this particular development is subject to the park land dedication ord'nanca. Because lee dedication would be less than 5 acres, which the Parka and Rees Department requires for an actual park size, the developer will contribute to the park fund by, Instead of dedicating 14 1.3 acres, providing fees in neu of that. For park development fees, this particular detailed plan with their 173 lots will provide }cast over $50,000 for the development of nearby parks. Public notice cuss provided by newspape+ as well as stairs mail cut The map here demonstrates the 200-foot notice. I have highlighted the six property owners that have responded, included of tonight. Fate of the property owners we In u the two that I you the give Y Opposition, An of those properties are located to III south of the subject one and to the east side of Stuart I've highlighted those in orange. The one property owner in support of this Is located to the east and NO htghllghled that one In purple. The delaeed plan-also I've highlighted the same live properties that do oppose this so there could bee reference. I provided In staffs report an analysis of what's there now and what Is the proposal. looking at whit they're proposing, the range of lots uieartythe majority of the lots are in the 8.000• to 11.500-aquae-foot calecory. Actually, this contains 73 or 42% of sit' is lots Of an the W. 77% are less than 7,000 square feet The ' remaining 23%. or 40 We represented In the far two fight columns, are In excess of 7,000 square feat In comparison to what is showed by the present zoning, this chart demonstrates the number of possible lots that Could be generated within the PD-35 area for 15 acres and the 18'% acres toned SF-7. This demonstrates In the fret end third columns that 158 duster homes, Sheol single-family homes, Could be located on the 15 metes. Severdy four single-family homes on 7,000-squere4oot lots could be located on the remaining 15. In comparison, I compared really the duster homes with the lots of less than 7,000 feet. Irr, not really apples to apples, but We a comparison nonetheless. You have fewer of these smart lots than you do the duster homes, Also, you would have fewer k,ts over 7,000 square feet than the existing zoning would snow. However, over all, the proposed development Is less dense than existing zoning could be developed as. In comparison, that's the proposed toning that would jnow 5.07 lots per we; existing zoning, 5.74. The difference between the two, existing toning Could generate so newhers around 230 compared to the 173 for a difference of 57 fewer lets. On balance, the proposed toning offers a form of devebopmenl li closer to vsS ghl toning regulations than the existing zoning. I VA be happy to answer any questions that you have. Commissioner Engelbrechl. Commis sioners? Mr. Powell? Mr, Powell: I'm going to have to leave. Mr. Powell left the meeting. Commissioner Engelbrecht Okay. Yes;1 have some questions regarding the lot size on the property to the mouth. Mr. Reed: Yes Commissioner Engelbrecht What are those-first on, let me Oak you what Is that property toned? Mr. Reed. At present, N we drew a rime on the detailed plan where the existing,... 0 Commissioner Engetbrecht No; fm talking about those off of fho-not this site, but the she edjecent to A. Yes. Mr, Peed: These are SF-10. 34. 3 10 o , eaa ter. , ' o Planning and Zoning Commission Minutes October 28, 1998 Page 12 of 21 Commissioner Engelbreo't Okay, That is toned SF-10? Mr. Reed. Yes. Commissioner Engelbrecht Okay. Mr. Reed: The property bare is In a planned development for single-family. and the lot sizes are substantially larger than 7,000,1 believe also. The existing lots are larger than 7,000. 1 don't know the details of the PD. Commissioner Enoeibrecht: All right. Can you give me some Indication-I know there's a varying, valley N lot sizes. What Is the smallest lot Cie In this subd'nrisfon? Mr. Reed, Five thou send Rve hundred. Commissioner Engelbrecht Okay. And the largest? Mr. Reed: Over 8,000. I do have that informailon. Ian pun ft off of the,,.. Commissioner Engelbrecht: Rght. But it's over 8,000. Mr. Reed: Yes Commissioner Engelbrecht Du you happen to know what is located on that southern string of proposed lots? Mr. Reed As for as lot size CommissionerEngelbreth: Right. Mr, Reed: Beginning with lot 6 0 the way over to lot 20 or 22 of Block E demonstrated here, or shown here, those are approximately 6.600-square-foot lots. Is that what we calculated before? Mr. Donaldson: i think they're & little bigger. Tbey'd be 6,900 square feet. They're 60 x 118. Commissioner Engetbreohl: Okry. So, those are about S,2W? M Reed Yes. Commissioner Engelbrecht: And where are the 7• and 8,000-square-foot lots In this particular layout? fAr Reed, They're scahcred throughout. You have target lots, of course, at the cut-de-sacs. Also, the blocks up here have larger lots, The depth Is deeper for those lots then the lots that we see here Or in the blocks In the middle here. ff Commissioner Engelbrechl You got that additional lot size, not by width, but by depth-efther Ural or bemuse of I the cul-de-sac. Mr, Re!i, Correct. C.rmmtssloner Engelbrecht, Okay, Any other questions for elm"? Thank you, 1s the petitioner of petitioner's representative present? If you would, please give us your name and address agatn for the record. Mr. Burke: My name Is Brian Burke. My address Is 1318 Ajbum Drive In Denton. Mr. Reads done a wrygood !a lonipht and in helping us so far. As you were d scussing, these are 5,000 square feet on this plan, They were s lnle bit larger on that other plan wfth two entrances, but tiers are 17 lots here of 5,900 square feet proposed, and • widths are pretty consistent. They vary a Pills bit, bid generally the areas are what you dlsaoKd-wound aide O ' sacs end up bare on these blocks, they're a M bet odd-shaped bemuse of to cixvature of the Loop. Those are the larger lots In general. We're consoldatkrg two zoning districts as yotfre aware--cluster lame and or, SF-7 and k J04 trying to be consstent throughout the property that's been purchased with those, more or lass, you know, 8,000 square foot to 6,500 square fo t on average, We an develop Phase 1 rather easy. Existing storm drain, wider and sewer and sidewalk are located along Stuart Rood, Phase 11 will require some off-site Improvements for I 35. 32X 1 A 0 carom Planning and Zoning Commission Minutes October 28, 1998 Page 13 of 21 drainage, both lower drainage end storm drain. There are no particularly large challenges from a development standpoint, at least as far as public improvements go. We hod a neighborhood meeting, and I have seen some of the responses from that neighborhood meeting, When I left the meeting, 1 lhaughl the main concerns were with regard to storm drainage on to these existing houses, which we will be Intercepting with streets end lot grading and directing into underground storm pipes, But I think some of the folks are here with regard to the propoeal, and I'n be happy to answer any questions you may have, or try to, Commissioner Engelbrechl Ms. Gourdie. Ms. Gourdie: Mr. Burke, obviously you read the opposition and these people are concerned about the values of their homes adjoining-adjacent to 6,900-square-foot lots approximately, let's say. Do you have any-ice there any way we an bring those specific homes, those lots up more? Maybe we an-maybe this h the opportunity we're looking for to adjust the streets, to make R happen M we an make those lots larger to help these people feel r,omfortable with their new neighbors. Make them larger than the S; bring them up to maybe SF-8, 10 at the most, I mean Just to help these people feel-I realize that cuts into your profits. I realize ft via down on-there's a lot of opportunity there, but to me, there's got to be some kind of compromise to help these people feel comfortable in their neighborhood still and to welcome thetr neighbors. Is there any way, in that one I!tie sectlon, we an rind a way, when you go Into readjust and hopefully make things work favorably, to make those lots larger for these folks. Mr. Burke: Well, I an-the plan an be changed. I mean I acud change the plan. As to being able to tell you that, I can't propose that to you. The owner Is here and I an talk to him about It... Ms. Gourdie Okev. Mr. Burke: but I know he has expressed to me concern In no uncertain terms that, It's really, really a Ught deal. Ms. Gourdie: Right and I understand that completely To me R'a-1 understand the financial aspects of ft. 1 understand the whole kit and caboodle, but I also understand poor neighbors and poor attitudes and the animosity of being up against a subdivision where your home's on an SF-10 and aI of a sudden you've got an SI up neat to you, It creates @ lot or problems and I-to me, that's a sacnfice in my mind worth making to help offset the possible problems In the future towards people coming out speaking more against,.. Mc Burke: Righl. Ms, Gourdie: smarter lot zoning things like that. There are to many things that down the road, that 0 we don't compromise now, future developers are going to have a harder time. They re going to see more problems because people are going to start fighting for the lands, And to me, R's just a compromise that needs so be asked, and I'm just asking you as a planning and Zoning Commissioner to consider when you go In and after we vote, however, to make those adjustments-just lake the view point that there's on opportunity to make this happen. . Mr, Burke: Right Ms. Gourdie:.. in favor or everybody. Mr. Burke: Wen, I see your point, and there was one other concern expressed by the homeowners, and that was S how close bu :sings would be to the common back lot Ins. And we went with the standard setback In the back, to I think we compfed there, I understand what ya4 to describing, and I'm Just going to have to speak to the owner about R If Ms. Gourd;e Righl. I understand that, and that's the only way we an get things accomplished is N we talk about R, and I appreciate your listening-like I said earner-appreclale your hearing what we're saying and going forward as a positive,... 0 Mr. Burke' Thank you Commissioner Engelterecht: Iva there other questions for Mr, Burke? I would just like to ask you, N those are about 6,000 square feet and there are 10, let's say, 10 lots that back up. There some 60,000 seluars feel and N you take that 10 and make It 9, does that give us 7,000 square foot lots? 36. . . pj 32 X 1 0 waeeM! A Planning and Zoning Commisslo„ minutes October 28, 1998 Page 14 of 21 Mr. Burke: Close, I don t I think to s tittle short, but N's close, Commissoner Engalbrecht ti's pretty close? And that was zoned SF•7, wea it not? Mr. Burke: That's correct, Cam missloner Engelbrecht• And that--so those people bought those homes, those lots, with a 7 already In pikes. They didn't buy unknowing. They didn't know that It mighl not-that it's ■ possib rty N could change; but when they bought, it was?. Correct? Mr. Burke: I think that's the timing. 1 think this was toned before Ws was developed. Commissioner £ngelbrecht. Fight And to pretty common in No town to back up 7a and iOs, lsnl K? Mr, Burke: Wall, I think it is. Comm ssioner Engelbrechl: Yes. We klnd of, sort of step down back-to-back, N we tan. I'm in • 10, and I've got a 7 behind me. I'm tornlllor with that Mr. Burke; ThoCs a good example. Commissioner Enpelbrecht. I know there's quite a few of those around, and I know, at feast used to, we tried to have them tack-lo-back as opposed to frontdo-front That way, you know, it was just the back yard, an I you'd grade down that way a little bN. At least, that's my recollection of how we tried to kind of do it historically in town. Would that be simian to your recdilectlon? Mr. Burke: Well, thanks for poirling that out, I can se"Vo seen that done. Yes, sir. Commissioner Engeibrecht: Okay. Thank you. Appreciate that. Any other questions for Mr. Burke? Mr. Moreno: I'm not sure whether my question is for Mr. Burke or for staff, but I think IVs asked this before In the past, but whet Is a'duster home'? Mr. Burke: Well, that's a rral good question. It's not ready defined in that old toning ordinance, at bast not that I could glean, but It's not quite a low density, multi-I guess it Is a low density, multFfamily--maybe fourpieaes. something like that. It could be-ere you familiar w4h the Vines of Piney Crack.,. Mr. Moreno: Yes Mr. Burka ,..behind the bank-San Jacinto? Mr. Moreno: Yes, Mr. Burke: I think maybe that could be.... Mr. Moreno: That's maybe s zero kN Us. e Mr. Burke: I think N might be that sort of a,dmal, Mr, Moreno. Mr, Moreno. love. Mr. Burke: But we ddn't get into that. Were not ready for that project. Mr. Moreno: it's more houses. Mr. Burke: It's more-more driveways, more people. Flight tD i Mr. Donstdson: Typicaly, the term to used now to denote a kind of a densltyneuUal type development that simply s~k sets aside open space and allows the some number of units to be duslefed doser Ingather as opposed to spresd'.ng them out over an enbre property. I don't know that-f don't think N was used in that reference here, 37. t3 Yam • 0 _ I Planning and Zoning Commission Minutes October 29, 1998 Page 15 of 21 I Mr, Burke: I think that's correct. Ill said 10 units per acre for the whole thing. Mr. Moreno: Okay. Thank you. Mr. Burke: Yes. Thank you. 1 Commissioner Engelbrecht: Any other questions for Mr. Burke? Thank you, air, Is there anyone present who would like to speak In favor of this petition? Anyone present who would like to speak In favor of the petition? In that case, is there anyone present who would like to speak In opposition to the petition? Yes, sir. If you would, please give us your name and address for the record. Mr. Brown: My name Is Date Brown end I live at 821 Juno Lane. This lot e8 here-excuse me, lot 05-4 say lot 05-this street-I five prier to the dead-end and the dead-end would be,. l guess, right here. So, I am lot 08. 1 am opposed based on the size of the lots. I agree when you move Into a neighborhood nett to vacant land, you can have anything come let. You need to be prepared for that, but t would like to see these lots Increased In 9128 to closer resemblance to our 10,000-square-fool I'm afraid of loss of property value. Thank you. Ms. Gourdie: Mr, Brown, being that you're one of the persons that would be backing up to this development, do you feel on SF-7 Is a compromise? Mr. Brown: Of course, we'd Eke to see them larger, but 1-that's a possibility. Ms. Gourdie Okay, Thank you. Mr. Brown: I'd like to see them 8. Ms. Gourdie: You'd Eke-an SF-8 would be wood make you happy, Mr. Brovm: Yes. Ms. Gowdle: If you had SF-8 behind you, you'd say, air.,. Mr. Brown: I could probably live with that. Ms Gourdie, I remove my opposition. Is that what you Commissioner Engelbrecht Were you aware that that was toned SF-7 when you purchased that lot? Mr. Brown. I was not, but I ddn't inquire either, so.... Commissioner Engelbrecht: Okay. Ms. Gourdie Thank you. Commissloner Engeibrecht: Yes, air. • Mr. Milts My name's Robert Mills, and we Eve on 805 Juno, which Is the first yellow one, I presume, there. This 02 lot on Juno-we were aware that this was SF-7 at the time, or I Inquired of the builder, and he saki he though! ttiot was SF-7 which I realy didn't have any objection to K, but I'm like Mr. Grown, I would really prefer that the lots immedialey behind our property be icressed Instead of decreased; but since there's no proposal to 60 the, I certainly encourage the Commission to keep those lots all the way Immadistey behind Juno here at the extolling , SF-7 at least. If not Increare nem-simply because the smatter the lot, ill you hew a Ill tool lot and you put a two story house on It, it's got to be Eke a sal lox, and I think that diminishes any property tat Solna IL The 200 O feet not I kind of object to of being able to Inquire about thin doesnl go far enough to do anything. With 200 feet O ` only goes to the middle of the houses across the street from fr.), house. So, you didn't gel much opposition because H didn't Include enough people. The reason I say that, 1 tried 10 get somaMYtg rezoned years ego. I had people come from a mRo away protesting It, and k got turned down, so we're doing the beat we can with just a few people Ihi s here that's objecting to this, and we certainly encourage you to stick by your guns. I know that the man that owns this property wants to get every nickel hu can out of R, but we went to keep our properties It dose 10 the value as we can, loo. 38. V fs t , ! [T] 32 x G e 0 Z a. h , Planning and Zoning Commission Minutes October 26. 1998 Page 18 of 21 l Commissioner Engetbrecht: Questions (or...I would like to make the comment. I haven't asked staff yet, but I wanted to ask them what are pretty standard practices for developers around here with regard to not" the public of their neighborhood meeting. I've not re:,,y in my eight years up here seen too many 200 feel. Usually they go a little beyond that, and I don't know what happened In this case, but generally, we tend to kind of go to the neighborhoods that are around In the area, That appears to me what most developers do. This might have furl been a shortfan in their case, In this particular Instance, but usually, you know, they go out to the neighbors that ere around the way, but that's been noted, as least by me. Thank you, air. Anyone else who would like to speak In opposition to this petition? Anyone el,e who would like to speak In o;,posnlon to the petition? In that case, the pe6lioner has five minutes for rebuttal, or a representative. Do you care to make any comment? If you would, please give us your name and bwiness address for the record. Mr. Gould, Commissioner and members of the panel, my name Is Dan Gould, Jr.. I'm a developer from Arington, Texas. I am the Instigator of this plan and was there In the embryonic stages when we talked to the adjacent homeowners. We had--let me say first that we, have thoroughly enjoyed working with your staff and with City government as a whole. Yhey've been most courteous, and we really are endeavo,ing to be what t would say are good neighbors. However, we hors to work within the constraints of economics, and this is a galewaytype piece of property when people are entering your city from 288, which has not been developed in the past. Ml. we are trying to gel a development here that will save, the money for the brick fencing and the things that need to be done to make it aesthetically possible and plessing, We have also purchased another 1)3 acres then on further down, and we're attempting to develop that. You know, I don't like the terms "drawing time In the sand,' but I don't want to put anybody to any trouble or any hopes, and I don't believe the difference of 1,11k1 feet makes a lot of difference as far as a homeowner or a neighbor should. I don't believe nelg hborhood s, in my own opinion, should not be caned by the size of the lot. I think backing up to somebody with a normal depth lot, actually outs are and with fencing across the back will alleviate any neighborhood problems that might exist. I wlll say emphatically that we have been stretched to the limit economically on this development, but 1 do appreciate each of your time and your contribution to this community. If you have any questions, I'd be glad to try lo answer them. Corn,m;ssioner Engelbrecht. Any questions of Mr. Gould? I think not. Thank you, sle. Mr. Gould: Thank you Commissioner Engelbrecht: The public hear;ng Is closed. Mr. Reed, any final staff... Mr. Reed. I'k slmply restate staffs recommendation Ps provided In the report. Staff does recommend approval of the request and the approval of the detailed plan with two conditions. The first-than a physical buffer, I.e. a fence, be erected along the northern boundary of the rear yards of an resldenlial lots that are adjacent to loop 288, And second-that one canopy tree and three un13rstory trees per 100 linear feet be installed along the north side of that physical buffer, These conditions are directed at enhancing the Loop tea entranceway into the city and provtd ng for a bound barrier between the residential properties and the adjacent primary ale .al. Commissioner Engelbrecht: Ms. Gourdie. ' Ms. Guurdle, I'm curious. Okay-let's just say these lots are SF-not SF, let's Just say that--make them at 5,900 A feet h what we're doing Can you name of any other places wave done this in the city where we've made such a huge leap? Well, I know, I'm not saying, we've made huge loops, t know from 18,000 down to 7,000. I'm wondering Is this like setting a precedent where we're eduany--because usually everywAere, since I've boon on here, we've done 10,000 down to 7,000; burl we've never jumped from 10,000 down to 5,000 or 5,000, or whatever, We "ays been very Incremental about how we're doing R. And I respect what he had to say about that, but hark rton we do things where It Is in perspective. Things gradually do become different, and we do moderate how ova d• +ur zoning. So I'm just wondering-I'm trying to envision what this Is going to look like, and to ma, that's a big di" nonce there, or.,. I'm just wondering-can you ghro me a visual as to any place else that this has happened? 0 0 t Mr. Donaldson: Yes, 1 Ms, Gourd;e Thank you, Mark. Mr. Donaldson: In the Southrkdge area at Ellison Park Is on approved 1-0 with d,000-squsre•foot lots adjacent to, 1 39. 32 _41 9 aancKw o , 1 Planning and Zoning Commissk„r Minutes October 26, 1996 Page 17 of 21 believe, SF-10, maybe even bigger. We're finding that in many cases the smaller the lot, the bigger the home the people are putting on them, and there seems to be evidence that there's no retctionship between small homes at less values and email lots. Ma. Gourdie: You're talking about the-I can't think of the name--but it's the subdMslon.... Mr. Donaldson: Ellison Park le just south of Teasley.... Ms. Gourdie: I know where Ellison Park Is-right; but fight behlnd there's Hunters Ridge is the one comer. There's going to be a church-that's the Mormon church-Is the nerd comer, and back behind them, is that the subdivision you're talking about as SF- 10? Ma Donaldson: Hunters Ridge Is SF-16. Ms. Gourdie: Okay. And then directly behind them, is that what you're saying Is SF-107 Ms. Donaldson: Yes; It's at least SF-10, maybe even bigger. Ms. Gourdie: 1 would question that, b✓ akay. I just-to me, this W-4 think we're-I'm just having a rod hard time visualizing this. Thank you. Mr. Reed: If 1 could add-It the Commissioner reuJS the Preserve back In September, that was al recommending approval for the amending of the concept plan and also the approval of a now detailed plan. Within that concept end located within the area defined by the detailed plan there are 6,600 square foot bit as part of that new PD. The prevlous one had a minimum of 7,000, and I don't know 9 It's directly tied 1 a change In the market; but there ere, as Merle Donaldson pol, fled oul, there are some other cases In town. This could riot be the first Mis Gourdie: But weren't those hornes-wasn'tthere a lot cf-I want to say for took o' a better word, green areas between the homes, the different sizes of the houses. Mr. Reed: There was a major preserve area, so.... Commissioner Engelbrecht: Buffer Is what they generally can that Ms. Gourdie: I knew there was a word In there somewhere. si, we're not really comparing apples to apples, We're comparing apples to bananas here, because these homes are rlghl up against it without a buffer zone. Mr. Reed: Correct. Yes; 0 you want to look at adjacent properties. Ms. Gourde. Okay. I'm sorry, Mr..... Commtss'nner Engelbrecht: I would like to add that I asked Mr. Donaldson to do a little quick moth there. I ddr . bring my calculator toniphf, which I usuany have. Ms Jourde: He did though. S Commissioner Engetbrecht: He had his. Ten lots at 6,000 square feet -N you drop that to eight lots, you gal leis of 7,975 feel-a i over 7,000 square feel. You know, they re going to give and take a little, but you can get 6 out of 10. Ms. Gourdie: So, he'd be being two lots If he were to compromise. Commissioner Engelbrecht Right. Ms. Gourdie: Is that what you're saying? Commissioner Engelbrec;M: Exactly; end then that area that those beck up to would still be 7,000. O • Ms, Gourdie, Arid I e doesn't have to do the whore row, he covid just do... 40. `r 32^ , RE" o aosn i i Planning and Zoning Commission Minutes Odaaer 28, 1998 Page 18 of 21 Commissioner Engethrecht: No, Ms. Gourdie: .,.Just those six homes... Commissoner Engethrecht; Eight. Ms. Gourdie: ...since the rest is an a tot. Commissioner Engerbrecht Ten lots become elgh: lots. Ms. Gwrdle: Eight lots. Okay, M right. Commissioner Engelbrechl: That's just as a note. Ms. Gourdie: Thank you. I appreciate you're putting that out fame. Commissioner Engelbrechl: Any other questions for Mr. Reed? Yea. Mr. Rshel: Yes. Mr. Reed. I was hating Mr. Brown; l believe he was saying that, or sounding like, the Juno Street actuary goes pest his lot k8. Could I get an niffirmatNt not yes or not on that? So, It actually goes by another 10 or 15 or 20 or whatever feet past your lot 8-,s that right? Mr. Brown: Probably another six or maybe eight feet, Mr. Rishel: Okay, I was just trying to look at that compromise that we were talking about On how to mow the second egress or at least maybe access to the second egress, which woLId in fad, maybe be at lot 12 with some f sort of fencing that Ms. Gourdie mentioned that might give us egrets In there. And I do favor, myself, something that would allow us to expand those lots a little bn and wmp:y more with the SF-7 which is what these people moved in next to. So, t totany agree with and concur with that is our other people. Thank you, sir, Commissioner Engethrecht: Any other questions for Mr. Reed? tak you, air, Mr. Reed. You're welcome. li Commissioner Engelbrechl: Commissioners, v.s have oomments or a motion? M.-i. Gourdie: Actually, I have s question. Go o"ad, Mr. Moreno. Do you want to say something P Mr. Moreno: Yes. I guess I do have a quertion for Mr. Reed. The enclosure 11 there shows Via southern portion of this property as SF-7. Is that correct? Mr. Reed: No. Do you mean enclosure P Mr. Donaldson: Eleven shows the existing zoning M . Moreno: Thai's the exists,j zonin" SF-1, Mr. Reed: Actually, encta,ure 11 Is showing SF-7, but that SF-7 zoning district runs parallel Ic the souftm property fine here: so tookl rg at enclosure 11, this Is propety In4luded within Denton Garden Addition. Thew era the homes to the south, on of that Is zoned SF-40. Mr. Morena Okay. I Inink you ve onswt red my question fo, the time being. Commissioner Engethrecht: Actually, II Tike to ask Mr, Salmon a question about Juno. There appears to be some question about whether this road is already extended further than shown 0n this plar,, which bads me to ar.k also are (here additional Mis deveiorsd7 And N theft the case, hn111 posslUe at this point to get a stub put In 1M4 now? U Mr. Salmon: Okay. Wen, first of an, were looking at an txhibd that was prepared for the devekper. This is a map from ou• GIS ay, tam that might be a little more aecursta In lam a •A the lolls and the abwts. Yo -tan ae Uta 42, 20 3 f+i A ' sss+uravs ' O xerasr~ Pl:rnlnp and Zontrq Commission Minutes Octob,r 28, 1?48 Page 12 of 21 strael adualiy does go past the last !ot, probably 40 or 50 feet. Commissioner Engilbrechl: Nair, t-then my question to you Is.-If you required that developer to + tub that steel out at that point right (here, Ihcy would have to ecqulre that property, would they; or how woute that transpire administratively from the standpolm of %hem and the developer? Air. Salmon: Well, I think it would be possible to stub a street out and then connect onto thin exltting. It would make this 821 a corner lot. It might have some effect on how Sheraton might eventually conned In because we do have that rul% about 150 feet between, streets coming in from opposite directions but.... Commissioner Fngetbreci Okay An right. So we better n^t r,s with 8. Thank you, Any other questions for sraff? Comments or a motion? Mr. Moreno, t f.ove a comment Mr. Cl,sirman, unless other Commissloners an convince me otherwlae, my sympsWes are kind of with the ^eighborhuod this evening, The homeowners on Juno Lane own SF•10 lots now and their understanding was that they backed ip to SF-7 homrs, and unless those homes direly abutting the homeowners on Juno lane are changed to Si I'm going to have a difficult. time voting in favor of IMP petition, Commlasioner Engelbrecht: Le; me just respond by saying we :an simply as a condition require final those lots be SF-7, And sc I mentioned earlier, I believe that would probably-thts Is rough estimalerbut would take 10 lots and reduce it to a rots, and you would wind up with the SF-7 that was there before. Yes, Ms. Gourdle. Ms. Gourdie: Well, I was jutt trying to figure options hers 'Ne an either move to deny, move to postpone, a put conditions on this--fs that cwrred? Those are-or approve I'm sorry. I am definitely not In favor of this the way it's proposed, but that was not very kind of me to put n In thoss lights. So, what I'm asking I it's denied, e'oes thal mean k usnnot come before us aga, for another year? How does that work? I'm sorry; I don't quite undersland the procedures for denial. Donalds m: As a planned ,levelopment, H an come beck. Ms. Gourdie: it can come back. Okay; but this Is the SF-7 zoning that we're trying to turn Into a planned toning, so it's still Si that not correct? Mr. Donaldson: WFIt, it an i,,,ne back as a planned PO within any time now. Ms. Gourdie, Ckay, to thrre'e no problem with that. and I p ass what I would like to do-I doml know how my ft'.1ow Comm'sslonars feet about this-but I would like to postpone I and I'd Ilke to to : them come back with it designed wih on opporlun;It to do the roses correctly and to do the SF-7 ; SF-whatever they cSoose 10 do I don't want to put conditions on M, only because I have a d'A,,A)k g with that. I don't know M that would wore or not work, but if we give them time to think about It, come beck, show us what they've came up with, work with the City slats, I believe that's a better a"e native in my mind 19 go wMh however y'an want, but IT be-I wilt not, If the motion is to recommend, I will not be voting fo• the recommemdo on. Commissioier Engerbrechl: C-3mmissloners, o'her comments? I peraonsiy hays no problem puking a condition on rt 1 think the slalf has already explained here they want the rood tned up-to tine up with Selene-and I don" know. 11 we require them to have 7,000-square-fool sots on that sma8 segment. M seems to me we've covered the Issue. That a just onry-it's my opinion. Yes. Mr. Rishel. I feel like we have a mandale from our people to protect and pre ewe nelghborh-joJ1, so I think that moving to an S".7 helps that spirit and letter of the taw that weY s fried to I to 1i Commissioner Emgetbrecht Yes, and with regard to that SI I d.)nl know how me .j, limes we've had requests In 0 here that, 'I would like the lot behind me to be the same a- my W.' Under the! orinclple, there would only be O . ome size lot In Denton, and to it's get to b"oak tome pious Hlstoda'tty, kr t^wn de have, as Ms. Gourdie 4 j mentioned earner, we've gone from 10% to 7s back-to-back, has been a method of transition that's fairly owirnon, at S,dr, least in the new4r subdit Islons. I would like to say, however, that Mr, Donaldson Is correct In that one of the things we appear to be seelmg Is smaller lot sizes w'lh not neasarRy coexisting smarter homes-that, In fact, homes are proving larger on smaller lots so the --a larger lot does not necesssrity, roan a larger horns. Folks don't seem lu want lots too much anymore They hn'f want any ground to to :u cars of. 42. Ile ('1 { 3ri~ X' l J Same u Planning and Zoning Commission Minutes October 28, 1998 Page 20 of 21 Mr, Morenm Mr. Chatrmsn, that's-whan you look at Beverly Park near the area where I I". those are SF•10 We with rela!"ty smell homes on them. I mean they start at 1,600 square feet, and most of them era test than 2,000 square feet, I think. Commissioner Engelbrechb Yee, and how old Is that subdivlslon? Mr. Moreno: It's being developed today. Commissioner Engelbrecht: Okay. Mr. Moreno: So, h seems to be contrary to whet you see In Flower Mound and areas Pike that Mr. Donaldson het spoken to. Ms. Courdie: Wei, Commissioner EngelbrecM: Okay; do we have any other comments or a motion? Ms. Oourdis: Wei, I would like a clarification, then, 0 one of us have to make the motion, obvkwsly. What to N you want us to say that-how would you wad this motion with your condition on h? 1 don't understand hew you can make the break in e? What are you going to-how would you nke me to make ft brook line ao Py SF•10, la wtat point? Mr, RisheC Adioining lots iron 1 through S. Me. Oourdis: Would you like to make the mollon? Commissioner Engelbrecht: Wei, it would seem to me that you'd be on the swthem boundary from-what's the s. eat... Mi. Rishel: Juno, Coinmisstoner Engelbrechl: from Stuart Rood. Ms, Gnurdie: The length of Juno Road? Mr. Rishet: Current erdsting homes? Me Dourdie: Orcurrent.,,, Commissioner Engelbrechl: Current eklsting homes or soma.,.. Mr. Donaldson: Wen, we'vs got a description of those lots as, you know, lots a through whatever you want of Block F. Commissioner Engelbrecht: There's a lot number there. Mr, Rishel: Right. Commissioner Engeibrecht: Wa could use W numbers for It, l think. j Mr. Donaldson: By reducing lots from bt 06 through 16 from 11 lots to S lots, you would achieve 7,200 $quota foot average And I'm assuming that lot 6 Is greater then 7,000 feet it has sit 814M rest yard, or roof ins, So simply taking two lots, reducing by two the number between lot 8 and lot 18 of Block E would bhp the average over 7,000 e square feet. ~ o . Mr. Bucek: If someone could Just say they 'to move'? 7r Ms. Gourdie: Wsi, we have fo.... Mr. Moreno: let me try. 43. ,a 25 Ia 32XIO , T r Moslem , " O r Planning and Zoning Con,misslon Minutes October 28, 1996 Page 21 of 21 Ms.Gourdle: Thankyou, Mr. Moreno: Mr. Chairman, I move to recommend approval of the shernathre detailed plan far 2.96.042 with the conditlons recommended by staff and an additional raoommendation that Phase 1, Block E, Lob 0 through 16-help me, Mark. Mc Donaldson: That the number of tuts be reduced by two. Mr. Moreno: That the number of lob encompassing lots 6 through 16 be reduced by two lots. Commissioner Enge!brecht: Would you be Including the reoommandallons of staff? Mr. Moreno Yes, yes, Commissioner Engetbrecht: Okay. I missed Owl. Al right. Ms. Gourdie: Wall . 1 have a clarification though. What 9 they decide to put a road In there and still kepi: them amarl? They're reducing 11 by two, but we're not !musing lot size. Commissioner Engetbrecht: Wog, I think you can simply restals that. Mr. Donaldson: So that the average lot size Is greater than 7.000 square feet. Ms. Gourdie: Thank you. Mr, Moreno: Yes, I accept that. Ms. Gourdie: Second ` Commissioner Engelbrecht: 1 think t understand what the motion Is here. Everyone oomfortabls with the motion? I Me. Rishet .o. !'d No for Mr. Feed to reread his recommendations, k Commissioner Ergelbrechl: Al right. Yes; Mr. Reed would he please just read the stiff rat nmendrr- Mr. Reed: Yes. Staff's recommendation is for appro. s w,. Mg two cono.:ans: that a pnysicel buffer he erected along the northern haundary cof the rear yards of ell reaidentiet lots that are adjacent to Loop 288; r.nd second, that one canopy tree end three undtrstory trees per 100 Enter feet be Installed along the north side of the buffer. Mr, Rishel: Thank you, Mr. Reed. Mr. Reed: You're welcome. , ' Commissioner Engelbrechl 1 oelleve, then, the motion would terry a third condition which would require that those i • lots 6 through 16 be redvt td from 10 to 8 with s.... Mr. Donaldson: Eleven to nine. I Commissioner Engelbrecht: Eleven to nine with a minimum alza.., i Mr, Nshel: With a minimum size of Si Commissioner EngerVechl: -Of 7,000 square feet. Mr. RisAei: Thankyou. 0 A Commissioner Engelbrecht: Alt Ni Any discussion on the motion or questions d staff a fuller Clarl0ation? In that case, an In favor of tha motion, please ralse your Aghl hand, Motion ante unanknousy. (4-0) I i 44. 32X' 0 1 e CiRRW q O JINX" ATTACHMENT 5 NOTICE OF PUBLIC HEARING ' Z-98-042 The Planning and Zoning Commisslon of the City of Denton will hold a public hearing on Wednesday. October 28, 1864, to consider rezoning a 34.133 sore site located on the southeast comer of Stuart Road and Loop 288 from Planned Development 39 (PD 39) zoning district for duster hones and a &ZngI Family 7 (SF-7) zoning district to Planned Development 39 (PD 39) zoning district for s?ngio- fal detached housing (see map on backside). The property Is legally described as the west 34,133 acres of Tract 26 In the S. McCracken Survey (Abstract 817), in the City of Denton, 7enton County, Texas. The purpose of the zoning change Is to approve a datahed plan for one hundred end aoveny- six (178) single-family lots. Existing zoning would allow for a combined total of two hundred and thirty (230) singiedamily lots. The public hearing will start at 610 p.m. In the City Council Chambers of City Hall located it 216 E. McKinney Street, Denton, Texas. Because you own properly whhfn two hundred (200) feet of the subject property, the Planning and Zoning Commission would Ske to hear how ywr feel rbout this being cbwvo request and lrrrlles you to eftenQ the pvbla hparing, Pleaps. In grder. for your opinlomlo betaken Into soCCUnt, return this form with your comments prior to the date of the public hearing. (This in no way prohiblfs Mi from atrsnding and pard'elpofing in the public hoarfng.) You may fax h to Me number locoed at th9 bottom, mall it to the address below, or drop It off In-person: Planniig and Developrnent Deportment 271 N. Elm ST Denton, Texas 76201 Attn: Wayne Reed, Planner I The zoning process Inctudes two public hearings designed to provide opportunities. for citizen involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public heating Is held before the Planning and Zoning Cormisslon. The Commission is informed of the percent of responses in support and In opposition. Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend dental, the pebtioner may then appeal the request to the Cky Council. N owners of more than twenty (20) percent of the land area within two hundred (200) feetof the site submit written opposition, than sh out of seven votes of the City Council are required to approve the zoning change. These forM acs used to calcursto the percentage of landowner opp"IdOn. Ptaase circle one: l"- Infavororrequest Neutral to' request Qppo emu, Comments: S"gneture: OCT 2 6 028 Printed Name: 1Zo6hLs.rOA DA22A I Mailing Address' Port -114 Qtr' State zip: den*isJj rx x(.20 (ANNiNG d DEVEIpPMFNT Telephone Number. 940. 1-4!1-1144 0 is PotCO , PhyskelAddress of Propertywtthin 200 feet: _ -114 ClrYOFDENTON, TEXAS uTYHU1.WIST • DEWON,TEXA9 70201 • $60.349.(1350 • (F) NO-80-7m zai ou tea hw,ul» aa: r ~ I ' 45. ~411T 114 ~ 75 x 32 X I O 1 O NOVICE OF PUBLIC HEARING Z-95-042 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, October 28, 1996, to consider rezoning a 34133 acre site located on the southeast cornet of Stuart Road and Loop 2118 from Planned Development 39 (PD 39) zoning district for cluster homes and a Single-ramlly 7 (SF-7) zoning district to Planned Development 39 (PD 39) zoning district tar stngle- fam4y detached housing (see map on backside). The property is le3ally described as the west 34.133 saes of Tract 26 In the S, McCracken Survey (Abstract 641), In the City of Denton, Denton County, Texas. The purpose of the zoning change Is to approve a detailed plan for one hundred and savorily- six (176) single-family lots. Existing zoning would allow for a combined total of two hundred and thirty (230) single-family lob. The public hearing will start at 5:30 p.m, in the City Couf4 Chambers of City Hall located at 215 E McKinney Street, Denton, Texas. Because you own property within two hundred f200) leaf of the subject property, the Planning and Zoning Commission would Bfra to hear how you feet about this zoning change request and Invites you to offend the putik hearng. Please. In order tot your opinion to be taken Into account. return this form with your comments prior to the date of the public hearing (TMs irn noway prohlblts you from offending and partiapating In the public heaft) You may fax itt0 the number loc3led at the bohom, mail it to the eCdress below, or drop It off In-person: Planning and Development Department 221 N. Elm ST Denton,Texas 76201 Attn: Wayne Reed, Planner I i The zoning process includes two public hearings designed to provide opportunities for ciYzen involvement and comment. Prior to the put'Ic hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public heatng Is held before the Planning and Zoning Commission. The Commission Is irdorrned of the Percent of responses M support and In opposition, Second, the zoning petition Is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commsson recommend denial, the petitioner may then appeal the request to the City Council. B owners of more than twenty (20) ,percent of the land aria within two hundred (200) feet of the site submit written opposition, than six out of seven votes of the City Council are required to approve the zoning change. Theoe forms are used to cartuMs the percentage of tondowneroppostlfon. Passe circle one: In favor of request Neutral to request Opposed to request ` Comments: J EOC 6 ra:a Signature: D Printed Na _ t Mailing Address: Jj3 u,; t_A., ANNIKfl b OEVELpPMENT o ' City, State Zip: Venrm3 a -M16201 Telephone Number; _f l~ 0) 5 # 3 -0' & K Physlcel Address of Property within 200 f"L _ ti t? Soso LA R: C11YOFDFNTON, TEXAS criYHAUw¢sT • DEN7014,711ExAS 70201 • $40,346.63so • 111"190340170t 1.08441 roe'NakeA e 46. ,pin 2 5 K Cl .32 x 0 i i ' NOTICE OF PUBLIC HEARING Z-98-042 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, October 28, 1998, to consider rezoni tg a 34.133 acre site located on the southeast corner of Stuart Road and Loop 288 from Planned Development 39 (PD 39) zoning district for duster homes and a Single-Family 7 (SF-7) zoning district to Planned Development 39 (PD 39) mIng district for single- family detached housing (see map on backside). The property Is legally described as the west 34.133 acres of Tract 26 In the S. McCracken Surve; (Abstract 817), In the City of Denton, Denton County, Texas, The purpose of the zoning change is to approve a detailed plan for one hundred and seventy- six (176) single-family lots. Existing zoning would allow for a combined total of two hundred and thirty (230) single-family lots. The publl, hearing will start at 5:30 p.m. In the City Councii Chambers of City Hail located at 215 E, McKinney Street, Denton, Texas. Because you own property within two hundred {2OO) feet of the subject properly, the Planning and Zoning Commission would like to hear how you feel about this I zoning change request and Invites you to attend the public hearing. Please, In order for your opinion to be taken Into account, return this form with your comments prior to the date of the public hearing. (This In no way prohibits you from attending and participating In the public hearing.) You may fax it to the number located at the bottom, mail It to the address below, or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 78201 Attn: Wayne Reed, Planner 1 I The zoning process Includes two public hearings designed to provide opportunities for citizen Involvement and comment. Prior to the public hearings, landowners within taro hundred (200) feet of lne subject property are notified of the zoning request by way of this notice. The first puble hearing is held before the Planning and Zoning Commission. The Commission is informed of the percent of responses in support and In opposition. Second, the zoning petition Is forwarded to the City Council for final action providing the Commission recommends approval, Should the Commission recommend 1 denial, the petitionur may then appeal the request to the City Council, If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of landowner oppositioa. PI^ase circle one: In favor of request Neutral 'o request Opposed to request, Comments: w0L,Lb Ltl[t: To Scc 6 Am9 513E Co?S AS euQS ? 4e•~~ LC~s+ 1<t {ileeK (SEH NO uS a.~A SIrot11P,e SIJ< ~ ' ~l r~~ ('/'1C li;.u}C-5> 't"b M,4 ~wf-~/1. X11_ Nl'ILHAe~r I"1.CQ dSAG Rd IL itj, i Signature: < t Printed Name: 6Eert-6 r C• IIE'NNF ; i ~ Q Mailing Address: _ 9t)5 T` V r+c L r.J. D City, Stala Zip: Qi7 t,-c w.. ? . ?(a o 1 OCT 2 6 U:d Telephone Number: _ qCV- '%q,)- 1 Physical Address of Property within 200 feet: Pc q j u kk L0__ PLANNING & DEW OPMENT + CITY OF OENTON, TEXAS CITY HP LL WEST - DENTON, TEXAS 76201 040,349,6350 (F) 940.340.7707 z•oaao:oo ru,c~, d~,c I 47. '!0' 32X 1 . O I Mumma$ r l 11111311111111 NOTICE OF PUBLIC HEARING Z-98-042 The Planning and Toning Commission of the City of Denton will hed a public hearing on Wednesday, October 28, 1998, to consider rezoning a 34.133 acre site located on the southeast comer of Stuart Road and Loop 288 from Planned Development 39 (PD 39) zoning district for cluster homes and a r -;-olf 7 (SF-7) zoning district to Planned Development 39 (PD 39) zoning district for single. family detached housing (see map on backside). The property Is legally described as the west 34.133 acres of Tract 26 In the S. McCracken Survey (Abstract 617). In the City of Denton, Denton County, Texas. The purpose of the zoning change Is to approve a detailed plan for one hundred and seventy- six (178) single-family lots. Existing zoning would allow for a rxmbined total of two hundred and thirty (230) single-family lots. The public hearing will start at 5:30 p.m. In the City Council Chambers of City Mall located at 215 E. McKinney Street, Denton, Texas, Because you own property within two hundred (200) feet of the subjocf property, the Planning and Zoning Commission would like to hear how you feel about toils zoning change roquesf and lm4tas you to attend the public hearing. Please, In order for your opinion to be taken Into account, return this form with your oomrlents prior to the date of the public hearing. (This In no way prohibits you from attending and participdting In the public hearing.) You may fax n to the number located at the bottom, malt it to the address below, or drop it off in-person: Planning end Development Department f 221 N. Elm ST Denton,Texas 78201 Attn: Wayr,. Read, Plannor I Tho zoning process includes two public hearings designed to provide opportunitles' for citizen Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing Is held before the Planning and Zoning Commission. The Commission Is informed of the percent of responses in support and In opposition. Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commisglon recommend dental, tho petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms are used to calculate the perccntage of landowner opposition. . Please circle one: - In favor of request Neutral to request O osed io request Comments: Pp Slynslure, Le el OCT 27 1998 D Print ed N me: c!C 4-pa=~Lli nnA Kar ep_l.~;} 10 • MallingAddress: 34a4 Vallows-lcnku_ City, State rip: t -tbn . Tx '71, aol PLANNING & DEVELOPMENT 0 • Teiep+rone Number - a40-3Bh-A3S1. Physical Address of Property within 200 feel qa%A IL A6001 C)TYOFDENTON, TEXAS CITYNALL WEST - DENTON.TE7fAS 70201 - 440.349.0360 - (F)040.349,7707 2."44) OW N,*# d*C 48. s WWI" 0 Z-98-042 ATTACHMENT 6 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON. TEXAS, PROVIDING FOR A CHANGE FROM. PLANNED DEVELOPMENT 39 (PD 39) ZONING DISTRICT AND SINGLE-FAMIL Y 7 (SF-7) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS TO PLANNED DEVFr OPMENT 169 (PD 169) ZONING nISTRICT FOR 34.133 ACRES OF LAND LOCATED ON : rIE SOUTHEAST CORNER OF STUART ROAD AND LOOP 288; PROVIDING FOR THE APPROVAL OF A DETAILED PLAN AND LANDSCAPE PLAN FOR SAID ZONING DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING I JR AN EFFECTIVE DAT E. WHEREAS, Brian Burke, on behalf of Dr. Ed Wolski, has applied for a change in zoning for 34 133 acres of land from Planned Development 39 (PD 39) zoning district and Single-Family 7 (SF-7) zoning district classifications and use designi Lions to Planned Development 169 (PD 169) zoning district; and WHEREAS, on October 28, 1998, the Planning and Zoning Commission recommended approval of the rn quested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan kind the 1998 Denton Plan Policies; NOW, THEREFORE THE COUNCIL OF THE CIT:' OF DENTON HEREBY ORDAINS; Section I. Ti at the zoning district classification and use designation of the 34.133 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from Planned Development 39 (PD 39) zoning district and Single-Family 7 (SF-7) zoning district classifications and use designations to Planned Development 169 (PD 169) zoning district classification and use designation under the commehensive zoning ordinance of the City of Denton, Texas, by approving the detailed plan which is attached hereto and incorporated herein as Exhibit B, subject to the following condition; 1. That the number of lots in Block F, between Lots 6 - 16, be reduced by two (2), O decreasing the total number of lots within the block from twenty-three (23) to twenty-one (21). Section II. That the landscape plan attached hereto and incorporated herein as Exhibit C for the 34,133 acres comprising Planned Development 169 (PD 169) zoom; 6isLict described by Exhibit A is hereby approved, 0 O 0 Section II[. That she City's official zoning map is amended to show the change In zoning district classification, 99, fi~~.m ti.~ h x ❑ 32 x CJ 14 t G .;vwrw ~ r Z-99.042 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. Section V. 9'hat this ordinance sball become effective fourteen (14) days from the date of + its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. 6 PASSED AND APPROVED this the _ day of - .1996. JACK MILLER, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTOkNEY ' II~F I I I 1 BY: a 50.;~ taryl 'fr i i hl r { t o .l~~lf K 10 S 32 X I0 MAN" 0 Z-98.042 EXHIBIT A BEING all that certain lot, tract or parcel of land situated in the S. McCracken Survey Abstract Number 817, in the City of Denton, Denton County, Texas, being a part of that certain "south tract" of land conveyed by deed from Joseph J. Tallal Jr. to Group Management, Inc. recorded in Volume 2352, Page 498, Heal Property Records, Denton County, Texas, and being more particularly described as follows: COMMENCING at an Iron rod found for corner In the northwest line of Farm-to- Market Highway Number 428, a public roadway, said point tieing the northeast comer of that certain tract of land conveyed by deed from C.A. Ginnings to Blanche Nicholson Ginnings recorded In Volume 2015, Page 951, Real Property Records, Denton County, Texas; THENCE N 89. 10'21" W, 1422.35 feat with the north line of said Ginnings tract to an Iron rod set for comer; THENCE N 89' 16' 18" W, 345.64 feet with sold north line of said Ginnings tract to an iron rod set for PLACE OF BEGINNING; THENCE N 89' 16' 18" W, pass at 1220.61 feet an iron rod found for northeast 4 corner of Lot 6, Block 23 of Section 7, Phase I of Royal Acres Subdivision, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet B, Page 55, Plat Records, Denton County, Texas, a total distance of 1753.34 feet with the north tine of said Ginnings tract and with the north tine of said Block 23 of sat, royal Acres to an iron rod set for comer In Stuart Lane, a public roadway; THENCE N 00' 09'00" E, 589.79 feet with said Stuart Lane to an iron rod set for corner; THENCE S 68.34' 30" E, 260.50 feet to an iron rod set for comer; 1 THENCE N 00' 47' 15" E, 300,00 feet to an iron rod set for corner in the south tine of State Highway Loop 208, a public roadway having a variable 6ght-of-way, e THENCE N 89' 33' 28" E, 681.16 feet with sold south line of sold Loop 288 to a broken,concrete monument found for corner, THENCE along the arc of a curvy to the right having a central angle.of 08' 21!- 11", a Fadius of 6619.58 feet, an arc length of 619.27 feet, whose chord be.pre 8• e 86' 14' 818.65 feet with sold south tine of sold Loop 288 to an Iron rod eel O e for corner; THENCE S 00` 43' 25" W, 857.35 feet to the PLACE OF BEGINNING and containing 34,133 acres of land. 51. 32XIo 9 aa.w, 0 NOTES: ,1 . i Ir•i IY 1~ 1. A physleal b<itarl Le. a knoe, rkl W elecbd alaq ale MNNm Dclrtdary IN Mf fear 2. One ( d res and W" e" are adJaant to Loop M. (3) w4lor log? Veen per one hundred (100) doer het a¢t urtJ r__1 vM be We Wd elonp the w1h We of the pM- W Dollar. OR LOOP tea lt40' R•0-W! MAMMA! Ulto6l 6i0 H 71 S37 ` !t 71 /1 17 / 1I 0 norl ca Y I 1 n4 70 t 8 t0 19 1/ Ii 16 17 11 I) I2 101H b 17 I{ 17 I/ O 7 °n 31 cF Mr a. nr !I ~lu 91 oA t 1 I AI U 2 l1 / le \ 1 Y I ,its` ~ 7/ ' ' t ) 1 3 6 / 1 ! 10 n'~ tu EI°LA "7a of 71 I"`UUU_"' _ -I"I t 7 1 S 6 f t f rol~ 34 1Y' Ii r 4MILS YY! IC 1. lu In VI - - .y..,y Ilya LM 7e - - {fi t3 ° - - - i ILI N % H 7e I G~ ~I fl, tl to q a It • r/ ~ i I 71 Y7 K I ItI t1 t3 to 27 to !3 fo t~ 7t fs 71 Y /✓w ~ ~ t w r/ 1 Jr ~ py lot o JO It to A 781-0 ~.JI e ) 4 ! to . 1 ,t is N Is '{Let Ill to n le I{ I! a It rrd L,. - 1 - I S 1 s 0 S 0 to n • f1 n _ d / ! 1 f ! f W k q q I/ d i6 17 16 M 20 L r! t] ~I t 04 ! { e Y ! Q ay,~~ 01 A t L 1 el A 7 1 II ' Ynl ' I ! 1 / 1 1 YYKI'irY IIII IF r w eYl1~ li,M 1 Y .A IK I. MI DETAILED PLAN + DENTON CARDEN ADDITION IF'Fr+' SI,pS eHN M MN • ~F lYl< 1/'hw°uMl°1M GYYYIr [NrrWil 1YerrrlAM lw°/1.1111.fill R Idl II eulrY. 111H !1'IMM will InYYrI AMU allrwN la ! ~ I lrr. 11 b b ylYr° Y 1N~aMI M aYMN [MIIW bMMMIiH It1/ /M~µ1~n11 i~p Fw OIH VI 0000 Alq Ll4Yl°~ tl wl~w wr 1R.~ l l a.M wNi al H 32 ✓ n L.J 0 i r0,1! I AA/Ai/hrr,Vl►t f/M A~rrIfwMMirOt~IrAlf/r rr ~ 1 MIrrYrYrl Afw k{Ir 711. Id" OOr~(D ~Y I Fw 1i NIWAIIllgkywl MrYW fw 4r~rrllr CAr. 1 Awwr.rrwll~!~xxA rf4wr44rA.rw4a lAIrwlYfN A+rr rA111rtw 4 At 41alArr rwrf1r~ .w.rr,pw.r 1 MrM1HrIw4YAArlrxnlYlrrllrkr Mw ~1rwr.rrwkwlawlw/ha's , p I00' 200' ~i.rr~ r so ~ IY SH LOOP 288 AAr1 I 4wr i wAA.Ar awf i~ A. wool I . Iwlf .woo 47 4e 4! $4 as tt 1t 40 !1 31 07 14 !9 $4 !3 !1 !1 !0 47 4e 4/ ti {3 11 43 At ' e1 41 ID 11 GI1 1! 4C 70 11 tl t0 H le 17 1415 144 It t0 II 11 17 I1 IS 14 17 It 1 39 r 71 Se 11 73 74 72 !T 7J I ! 3 4 s 1 7 1/ IO A 1 t 3 4 ! 1 1 1! 10 31 n 1. LIM 7! s is t4 30 6 t3 it tI ZO 11 Ie 17 11 V - 11 24 11 11 11 tl tt 30 39 13 34 A 1 t 1 4,l2 ' 1 W h 12 IS 1/ IS tt It 10 H I1 7I IS I! 14 11 12 • ! 1 _ Ip _ 9 c 4 3 1 7 , 93! I 9 c !I I a1 t 7 ~4 T 1 1 f r Irrr A An4i1 1 1 4 1 a r • ~w TREE INVENTORY and • 1I Iw 1w fC1Ahs -N1~ LANDSCAPE PLAN °s a DENTON GARDEN ADDITION a N 74.131 wA1 r IAA 1 LEGEND S. Ydrld An!wool. Abet, #011 if Got/ Al OInb4, 7410 r,Q tdHfn! Tres IH hr Is bin) a 0 VOIM OLM crwmww Aoo" Dr Afln4 this Am D.." riu Islas buiiAt ' woo item ..,0w 1,401141-411 f fanf a A A 1 oil rA7fa~111111rA,{~ V ^ 1 • O l A~rnde ho, ~ f ' Agenda Item Date AGENDA INFORMATION SHEET AGENDA DATE: December l5, 1998 + DEPARTMENT: Electric Utility ACM: I toward Martin, Assistant City MauagaT for UtiIit ics Consider approval of a resrlutinn requesting that the 70 Texas Legislature strongly consider and include within any proposed electric restructuring legislation the position on electric utility restructuring expressed by and jointly adopted by the four Texas Municipal Power Agency member cities. [IACIKqR0UNQv The 1999 Texas Legislative Session will begin soon. Several electric deregaladon bills are being dratted at this time The TMFA Cities have been asked to provide input regarding the legislative relief thev desire for the TMFA stranded cost problem. The four Cities have met and developed the attached position that represents a minimum level of stranded cost relief. This level of relief may or may not be 6011clent fer ea(h individual City. The Cities have alto agreed to allow individual Ci,4,s to request additional relief, specific to each City's individual cireum>:arices, without or lion from the other Cities. The four TMPA Cities will jointly deliver this position to Senator Stoley in January. 011*I19NS1 T here art no other legislative posil;ons that the four TMFA Cities agree on at this time. PRIOR XTION/REVIEW-Wiatincil, Boards. Cum~l jgtJh Nouc j F'I5C FORMATION: t None 7 Respectlully submitted: 1 eio t' Sha,n`n Mays 1 Directarof Electric Utilities •y; 32xi ~raaa 0 own" 0 r 1 I RESOLUTION NO. _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING THAT THE 76TH TEXAS LEGISLATURE STRONGLY CONSIDER AND INCLUDE WITHIN ANY PROPOSED FLECTRIC RF.STRUCIURING LEGISLATION TI rE POS1TiON ON ELECTRIC UTILITY RESTRUCTURING EXPRESSED BY AND JOINTLY ADGPTED BY THE FOUR TEXAS MUNICIPAL POWER AGENCY MEMBER CITIES; AND PROVIDING AN EFFPCTIVI' "ATE. WHEREAS, the Texas Municipal Power Agency ("TMPA") is a joint powers agency which was created pursuant to state law, Article 1435a, V.A.T.C.S., which became -I ective on May g, 1975. TMPA was formed shortly thereafter, in July 1975, by concurrent city ordinances of its four member cities, the Cities of Bryan, Denton, Garland, and Greenville, Texas (the "Mer..hrr ",ties"). The Member Cities have been long-term public power allies, who have faithfu0y and reliably served the electric power needs of several hundred thousand of their citizens while operating within and pursuant to the foregoing state law; and WHEREAS, the Member Cities recognize r A fully erpco that the 76th Texas Legislature will address electric utility deregulation an{ restructuring, and are mutually and collectively concerned about the significant stranded costs that each Member City of TMPA will suffer in the event that electric restru luring legislation is enacted into law; and WHEREAS, the four Member Cities, as a unified group, desire to clearly communicate to the Texas legislature their position and their recommendations respecting specific legislative actions which would address their stranded costs issues. and in furtherance of their desire, have met and formulated their position and recommendations in the form of a two page document entitled "TMPA Cities Position on Electric Utility Restrtcturing'", which is attached hereto as Exhibit "A". Exhibit "A" expresses the legislative position which the four TMPA Member Cities collectively concur on at this time; and W11fiRF:AS. The City Council bcliaves that it is in the best interests of the City of Denton to hereby communicate to the Texas legislature at least a minimum level of stranded cost relief recommendations common to all four TMPA Member Cities; and further believes that from lime-to•time in the near future, Denton shccld, as an individual TMPA Member City with unique electric deregulation and restructuring problems and concerns, reserve the right to request such other and further additional relief from the 76th Texr. Legislature, which is appropriate to Denton, considering its own individual :ircumstances; NOW I l fiREF'ORE, I I if: COUNCIL, O 1-1113 CI I Y OF DEN'I-ON HEREBY RESOLVES: S1iCI ION J. That the City Council of the City of Denton hereby respectfully requests >1 that the 761h Texas I egisiature strongly consider and include within any proposed electric ~sr restructuring legislation, the position of the four TMPA Member Cities, as expressed by, and as manifested in the document entitled "TMPA Cities Position on Electric Utility Restructuring" which is attached hereto as Exhibit ".A", and which Is incorporated herewith by reference. _ r~!x 7~~ 32xI❑ 4WJM 12110/98 1s:26 e8173837831 UTILITIES cot/cot SE.CIION 11. That the Ci.y Council of the City of Denton further recognilzes that the City of Denton has cerlain unique circumstances which it believes are important to communicate to the 76th Texas Legislature, and by this resolution, states its intention, from time-to-time in the new future, to request additional stranded cost or otber related relief from the Texas Legislature, which is specifically related to its own individual circumstances. SECTION Ill. That the Mayor Of the City Manager are hereby authorized to deliver this Resolution to Senator David Sibley, Chairman of the Senate Interim Committee on Electric Jd lity Restructuring, whose constituency also Is comprised of a part of the City oC Deltton. SECTION lV. That the Mayor or the City Manager are hereby further authorized to deliver this Resolution to the remaining Texas Legislative Delegation representing the City of Denton, to wit: Senator Tom Nayvvod Senator Jane Nelson Representative Ronny Crownovcr Representative Mary Denny Representative Burt R. Solomon 5ECTION V. That this Resolution shall become effective Immediately upon its passage and approval. I PASSED AND APPROVED this die_ _ day of _ 1948. 'j r _ A-C MILLER, MAYOR I ATTEST: XNNIFER WALTERS, CITY SECRETARY 0 By; APPROVED AS TO LEGAL FORM; 1 HERBERT L. PROUTY, CITY ATTORNEY ; • By' 76th Tx t.erts TM/A No RmjwuunAa Page 2 ` a i, a` 2h x 10 32X10 o ovum" p I` 4OW" TMPA CITIES POSITION ON ELECTRIC UTILITY RESTRUCTURING { The Cities of Bryan, Denton, Garland, and Greenville (lhu 'Cities") e recognize that the 76"' Legislature will most likely address electric utility restructuring. The Cities are particularly concerned about the significant stranded costs that each City will suffer as a result of the reslructurbig. As a group, the Cities support the following recommendations as specific actions to address their stranded costs: 1. The ability of the Cities to phase-in competition In their service areas. 2. Authority lo Issue taxable or tax exempt binds through an agency of the state or through the Cities to refinance bonds issued by municipal joint action agencies of the stale. 3. The ability to secure the payments of the bonds for the stranded costs amounts through a non-bypossable charge included In the Cites' locally determined wires charge. 4. Once competition is phased-In, 0,e Cites may include the following amounts of stranded costs in the Cities' distribution costs as a non- bypassable charge as delenn.ned by the Cities' respec8v:, governing bodies to be spread over 16 years: City of Bryan • $163 million City of Denton • $141 million a City of Garland • $301 million City of Gree.Alle • $69 million These amounts of stranded costs were determined by the Public O Utility Commission in its April 1998 report to the Senate Interim Committee on Electric Utility Restructuring concerning Potential Strandable Investment (ECOM) 5. The non-bypassabie stranded cost amounts would not be included • In the generation costs In rates set by the Cities' governing bodies, • j e , o xsan,s t i in addition, the Cities support the following 'TPPA's position on Electric Utility Deregulation.' TPPA recognizes that major changes are underway In the electric utility industry. However, public power systems in Texas have specific concerns about proposals for retail deregulation. Consumer Choice and Equity- . Llectric rr.nsvmers of all types and sizes are entitled to fair choices and equitahle benefits from any restructuring of the industry. TPPA shares the concerns of many parties that retail deregulation could mean unequal access to energy services end affordable electricity. Large industrial and commercial customers with market power may receive the greatest benefits 'a the de'riment of small resiaential ai rd business customers. Reliability: Reliable electric service must be assured In any competitive market, Municipal Financial Integrity: Proposals to restructure the electric utility Industry must protect the financial Integrity of municipalities Investments made by municipal electric utilities to scrve existing retail customers must be fully recovered. i Market l"uss; + A healthy wholesale market for electricity is Important and allows all customers to benefit frr»n competition. Truly competitive electric markets must not be dominated by a handful of powerful competitors. I Local Control: Public power systems are community owned, locally controlled, and have a proven record of tow electric rates and quality servlcp Additional slate regulation of public Ewer Is not necessary. + Any deregulation or restructuring of the electric industry must address the tD y, ; • concerns outlined above and must provide protections for municipal utility consumers and fieir cities. 'those protections are best provided by continuing the successfut system of local control for municipal electric utilities, 2 ❑ 32 X LI 7 h x 01 s , O l 1 c:a~rwe+.r ti. paudo No- Agenda its Date, AGENDA INFORMATION SHEET f AGENDA DATE: December 1 S , 1998 DEPARTMENT: F;scalOperations i ACM: Kathy DuBose2 1111 SUBJEC C A RESOLUTION REVIEWING AND ADOPTING THE INVESTMENI POLICY FOR FUNDS FOR THE CITY OF DENTON; DESIGNATING AN INVESTMENT OFFICER; PROVIDING A SAVINGS AND A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND In accordance with the Public Funds Investment Act, the City of Denton Investment Policy must be reviewed and approved by the City Council at least annually. The policy establishes investment parameters and guidelines for the investment program. It also designates the authorized investment officer responsible for the daily investment activity by the City. As there was no legislative session in 1998, no state law changer occurred. In addition, staff does not recommend any changes to the policy. REC0D1MENDA110N Staff recommends that the City Council approve Investment Policy 408.04. The Policy will allow for continued compliance with the Public Funds Investment Act. PRIOR ACTIONIREVIEW • Investment Policy 408.04 was presented to the Investment Committee on Friday, October 23, 1998. All committee members voted lot approval and recommended the policy be submitted to the City Council for review and approval (5-0). 1 ~ 1 1 s'h 1jKx 25 32x0 1 • 1 1 t' Y!',b3.t.4'4'fa :r!'(v nI F•';. r. .f N4 Y.vrfM.Ml:•w.rYO.m...sw..w.wrorY♦rr~,.w♦.. n, ..wrn.rr.. r... ~r..r 1 FISCAL INFORMATION 1 Approval or the policy is required for legal investment of City funds. r Respectfully submitted: Lj WA-d, Diana Ortiz Director, Fiscal Operations k • y 1 L~ f 1 r 1 , ~ I , y 1 ' rA p: 0 RESOLUTION NO. A RESOLUTION REVIEWING AND ADOPTING THE INVESTMENT POLICY FOR ' FUNDS FOR THE CITY OF DENTON; DESIGNATING AN INVESTMENT OFFICER; PROVIDING A SAVINGS AA7' A PEPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WIIEREAS, the City Council passed Resolution No. 96-061 on October 15,1996, which adopted an Investment Policy for Funds for the City, in compliance with the Public Funds Investment Act, 74`" Leg., ch. 402, 1995 Tex. Sess. Law Serv. 2959 (Vernon) (TEX. GOVT CODE Ann. Ch. 2256); and WHEREAS, by Resolution No. 97-026, passed by the City Council on June 10, 1997, the City's Investment Policy was amended; and WHEREAS, by Resolution No. 97-077, passed by the City Council on December 16, 1997, the City's Investment Policy was amended; and WHEREAS, the City Council desires to review the Investment Policy for compliance to the Public Funds Investment Act, TEX. GOVT CODE ch. 2256, by the 751h Legislature; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I: That the City Council has reviewed the attached City of Denton { Investment Policy, which contains the investment policies and strategies and hereby adopts the 1 attached Investment Policy with no recommended changes to the policy from the one amended on December 16, 1997. i SECTION Il: That the Assistant City Manager of Finance is hereby designated as the chief financial officer for the City and the Director of Fiscal Operations is hereby designated as the City's investment officer to perform the functions required of her/him. The financial officer is hereby authorized to perform the functions required of her/him under the Investment Policy and in accordaice with TEX, GOVT CODE ch. 1256. SECTION 111: That all ordinances or parrs of ordinances in force when the provisions of this resolution became effective which are inconsistent or in conflict with the tetras or provisions contained in this resolution are hereby repealed to the extent of any such conflict only. The non- c nnicting sections, sentences, paragraphs, and phrases shall rmain in full force and effect. SECTION IV; That sav- and excel r as amended hereby, all the provisions, sections, subs stions, paragraphs, sentences, clauses, and phrases of Resolution No. 96.061, Resolution b No. 97-026, and Resolution No, 97-077, shall remain in full force and effect. f ~ 3 ~ I 32 X I SECTION V: That this resolution shall become effective immediately upon its passage 10 and approval PASSED AND APPROVED this the, day of 1998. JACK MILLER, MAYOR ATTEST: JENNIFER WALTER, CITY SECRETARY } BY: 1 APPROVED AS TO LEGAL FORM: HERBERT L. P,,ROUTY, CITY ATTORNEY BY:S i 4 ~K'HdOI~VOLI WureJdept~i0L~0ur Dowmendl `ttolwianP.91'JoreHrtxm Po1ky Aevlew doc ` w 25 X 32 x i O 0 WWI" CITY OF DENTON Page I of 14 t POLIC'YIADMINISTRATIVE PROCFDCREIADMINISTRATIV_E DIRECTIVE SECTION, FINANCE POLICIES REFERENCE NUMBER: 408,04 ttB1EC7. INVESTMENTS INITIAL EFFECTIVE DATE: 02,17 87 LAST REVISION DATE', TITLE INVES'fMENTPOLICY 0697 1197 1. PURPOSE This policy shall provide the guidelines by which the City of Denton "City" will maintain the minimum amount of cash in its bank accounts to meet daily needs, and to pro- ide protection for its principal and liquidity while receiving the highest yield possible from investing all temporary excess cash. This policy serves to satisfy, the statutory requirements of defining and adopting a formal investment policy. The policy and strategy shall be reviewed annually by the Investment Committee and City Council who will formally approve any modifications. This investment policy as approved, is in compliance with the provisions of the Public Funds Investment Act of Tex. Gov't. Code Ann. Chapter 2256, hereinafler referred to as the "Act", as amended and effective September 1, 1997, ll. SCOPE ' E A. This Investment Policy applies to the investment activities of the City of Denton, Texas, including, without limitation. The specific funds cited hereafter in Section 1113, shall be excluded from this Investment Policy. (All financial assets of all funds, including the General Fund and any other accounts of the City not specifically excluded in these policy guidelines are included. These funds are accounted for in the City's Comprehensive Annual Financial Report (CAFR).] These funds, as well as funds that maybe created from time-to- i time, shall be administered in accordance with the provisions of these policies. All funds will be pooled for investment purposes. The strategy developed for this pooled fund group i will address the varying needs, goals, and objectives of each fund. B. This policy shall not govern funds, which are managed under separate investment programs in accordance with Section 2256.004 of the Act. Such funds currently include; Employees' C Retirement Fund of the city of Denton; the Firemen's and Policemen's pension Funds of the J City o` Denton; other funds established by the City for deferred employee compensation; • revenue bond reserve funds; and certain private donations. The City shall and will maintain responsibility for these funds to the extent required by: Federal and State Law; the City Charter; and donor stipulatior i I 111, INVESTMENT OBJECTIVE & MATEGY J It is the policy of the "City" that, giving due regard to the safety and risk of investment, all l • available funds shall be invested In conformance with State and Federal Regulations, applicable • [fond Resolution requirements, adopted Investment Policy anJ adopted Investment Strategy. In accordance with the Public Funds Investment Act, the following priontized obje, ves (in order 1 of importance in accordance with Section 2256.005(d) of the Act), apply for e,,, i of the City's investment strategies: S 32 1 e pi~erw O txssnm Page 2 of 14 rP_OL1C'Y/ADMINISTRAMT PROCEDURE/ADMINISTRAT_IVIK DIRECTIVE 11ITLF;: INVESTMENT POLICY REFERENCE NUMBER: 409,04 A. Saitabiht'v - Understanding the suitability of the investment to the financial requirements of the ( ity. Any investment eligible in the Investment Policy is suitable for all City funds. R. Safer - Preservation and safety of principal. All investments will shall be of high quality securities with no perceived default risk. Market price fluctuations will however occur, by managing the weighted average days to maturity for each fund type as specified. C. Liquidity - To enable the City to meet operating requirements that might be reasonably anticipated, the City's investment portfolio will remain sufficiently liquid. Liquidity shall be achieved by matching investment maturities with forecasted cash flow requirements and by investing in securities with active secondary markets. Short-term investment pools and money market mutual funds provide daily liquidity and may be utilized as a competitive yield alternative to fixed maturity investments. D. Marketability - Securities with active and efficient secondary markets are necessary in the event of an unanticipated cash requirement. Historical market "spreads" between the bid and offer prices or a particular security-type of less than a quarter of a percentage point shall define an efficient secondary market. E• Diversification - Investment maturities shall be staggered throughout the budget cycle to provide cash flow based on the anticipated needs of the City. Diversifying the appropriate maturity structure will reduce market cycle nsk. F. )Feld- Attaining a competitive market yield for comparable secunty•types and portfolio restrictions are the desired objective. The yield of an equally weighted, rolling six month treasury hill portfolio shall be the minimum yield objective or "benchmark". A secondary objective will be to obtain a yield equal to or in excess of a local govemment investment pool, money market mutual fund or average Federal Reserve discount rate. The first measure of success in this area will be the attainment of enough income to offset it,flationary increases. Even though steps will be taken to obtain this goal, the City's staff shall constantly be cognizant of the standard of care and the investment objectives pursuant to the provisions of the amended Act, Section 2256.006(a). the Director of Fiscal Operations shall avoid any transactions that might impair public confidene, in the City's ability to govem effectively. The povemin; body recognizes that in e diversifying the portfolio, occasional measured losses due to market volatility are inev,table, and must be considered within the context of the overall portfolio's investment I tum, provided that adequate diversification has been implemented. The prudence of the imestment decision shall be measured in accordance with the tests set forth in Section 2256 006(b)ofthc Act, , IV. INVESTMENT STRATEGY FOR SPECIFIC FUND GROUPS Each major fund type has varying cash flow requirements and liquidity needs. Therefore specific y strategies shalt be implemented considering the fund's unique requirements and the following shall }qr~ be considered separate investmen' strategies for each of the funds mentioned below. The City's funds shall be analyzed and invested acco•dmg to the following major fund types: 6 Ij - o , Taw" Page 3 of 14 POLICY/ADMINISTRATIVE PROCEDURE ADMINISTRATIVE D1RErTIVE TITLE. INVESTMENT POLICY REFERENCE NUMBER: 08.04 i A. Operating Funds - Investment strategies for operating funds and commingled pools containing operating funds have as their primary objective to assure that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to structure a portfolio, which will minimize volatility during econon• c cyda.. This may be accomplished by purchasing high quality, short-term sccurilfcs, which will compliment each other in a laddered maturity structure. A dollar weighted average maturity of 365 days or less w it be maintained and calculated by using the stated 11-11 maturity date of each security. B. Debt Service Fundr - Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligation on the required payment date. Securities purchased shall not have a stated final maturity date, which exceeds the debt service payment date. A dollar weighted average maturity of 550 days or less will be maintained and calculated by using the stated final maturity date of each security. C. Deb( Service Reserve Funds - Investment strategies for debt acrvice reserve emergency and l contingency funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate fund from securities with a low degree of volatility. ^curities should be of high quality and, except as may be required by the bond ordinance specific to an individual issue, of shoe to intermediate term maturities with stated final ` maturities not exceeding five (5) years. Volatility shall be further controlled through the purchase of scrunties carrying the highest coupon available, within the desired maturity and quality range, without paying a premium, if at all possibl,.. Such securities will tend to hold their value during economic cycles. D. Conrrruction and Special Purpose Funds - Investment strategies for construction projects or special purpose fund portiohus will have as their primary objective to assure that anticipated essh flows are matched with adequate investment liquidity. These portfolios should include at least 10% in highly liquid securities to allow for flexibility and unanticipated project outlays. The stated final maturity dates of securities held should not exceed the estimated project , ompletion date. A dollar weighted average maturity of 365 days or less will be maintained and calculated by using the stated final maturity of each security. E. Market prices for all ; •ublic fund investments will be obtained and monitored through the use of Interactive Data Iris, an on-line data service or a similar qualified successor agency. V. INATSTMEN f COMMITTEE Wnthers - There is hereb' created an Investment Committee consisting of the City Manager, Assistant City Manager of , inance, Director of Fiscal Operations, Mayor, and one member of the City Council. • Scope - The Investment Crmmittee shall meet at least quartetly to determine general strategies and • to monitor results. Included in its deliberations will be such topics as: economic outlook, portfolio eivcrsification, maturity structure potential risk to the City's fi+n authorized brokers and and the target rate of reture on the ivestment portfolio. dealers i 7 5t + r- . . r 7h )k 32x '.AIR9aer 0 I Page 4 of 14 POI.ICYlADMINISTRATIVE PROC'EDURElADMINiSTRATIVE DIRECTIVE _ { r - I TTCLE: f\\'FSIMEN7POLICY REFFREI;a NU BEk, 409.04 E t Proccdurer - The Investment Comminee shall provide for minutes of its meetings. Any two , memhere of the Investment Committee may request a special mcetink, and four members shall constitute a gl,orum. The Invc-mcnt Committee shall establish its own rules of procedures Vh RESPONSIB11,1TY AND STANDARD OF CARE A. DelegadL-i h Training - The management responsibility fur the investment program is hereby delehated 'o the Assistant City Manager of Finance, who shall establish written procedures fnr the operation of the investment program, consistent with this investment policy. Such procedures shall include explicit delegation of authority to the individua!(ri responsible for investment transactions. The printriry individual who shall be involved in investment activities will be the Director of Fiscal Operations. The Trell Analyst will have a support role. The Assistant City Manager of Finance rind D:rcctor of Fiscal Operations are i!o.:;,cited as investment officers, pursuant to section 2256.005 subsection f of th.e Act. Acca.lingly, the investment off :ers, who shall be the chief financial officer and the investment officer of the City for the purposes of Section 2256008 of the Act, shall ` attend at least one training session relating to their responsibility under the Act within 12 months after Assuming duties, 'these sersions and additional investment training sessions must be completed no less often than once every two fiscal years commencing September I, 1997 and these financial officers shall receive not less than 10 hours of instruction elating to investment responsibilities, no training must include education in investment controls, security risks, strategy risks, market risks, and compliance with the Public Funds Investment Act. The investment training session shall be prueided by an independent source approved by the investment comminee. For purposes of this policy, an "independent source" from which investment training shall be ubtained shall include a professional organization, an institute of higher learning or any oilier sponsor other than a Business Organization with whom the City of Denton may engage in an investment transaction, Thus, these toi:ependent I sources will be training sessions sponsored by Government Treasurers Organization of Texas (GTOT), University of North Texas (mr), Government Finance Grfi~ins Association of Texas (GFOAT). No persons may cngage in investment transactions except as provided under the terms of this policy and the procedures established by the Assistant City Manager of Finance, The Assistant City manager of Finance shall be responsible for all transactions undertaken, and shall establish a system of control to regulate the activities of the Director,of Fiscal Operations. The controls shall include a quarterly process of independent review by an individual or firm designated by the Assistant City Manager of 0 Finance, and an annua' review by an external auddor. The reviews will provide internal control by assuring compliance with policies and proce. ores. At Assistanl City Manager of Finance, Director of Fisca! Operations, Mayor, City Couii, il, City Manage, and other Fin nice employees shall bt personally indcmmf ed in the event of investment !oss provided the Ir:vcsimcnt Policies and Guidelines are followed i D. Crnilic s of lniereir - All participants in the investment process shall seek to act responsibly Q as cusirdians of public assets. Officers and employees involved in the investment process Q Q shi'.1 refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment 'IIR decisions. i B i'f, ~ x 32XIO O I Page s of 14 POLKAVADMIYISTRATIVE PROCEDCRElADMINISTRATIVE DIRECTIVE TITLE: INVESTMENT POLICY 1 REFERENCE NUMBER: 408,04 C. Disclosure - Anyone involved in investing City funds shall file with the Assistant City btanager of Finance and th^ Invastment Committee a statement disclosing any personal business relationship and any material financial interest in a business organization that handle City of Denton investments. An investment officer has a personal business relationship with a business organization if: I. The investment officer owns l0°9 or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization; 2. Funds received by the investment officer from the business organization exceed 10" b of the investment officers gross income for the prioryear; or The investment officer has acquired from the business organizrtion during the prior year investments with a book value of S.,$On or more for the rersonal account of the investnient officer. Any investment officer who is related within the second degree by affinity or consanguinity as determined under the Tex. Gov't. Code Ann. Ch. 37' to an individual seeking to sell an investment to the City shall file a statement disclosing that relationship with the City Council and the Texas Ethics Commission. p { D. Pnedence - The standard of prudence to be used by the investment officials shall be the "Prudent Person Rule", as set fotih in Tex, Gov't. Code Ann. Sea 2236.006 and will be applied in the context of managing an overall portfolio: "Investments shall be made with judgement and care under circumstances then prevailing - %Mch persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." Investment officials acting In accordance with written procedures and the Investment policy and exercising due diligence shall be relieved of personal responsibilities for an individual secunty's credit risk or market price change, provided deviations Born expectations are repcrted to a timely fashion ar.d appropriate action is taken to control adverse developments. F.. Reporting Monthly • The Director of Fiscal Operations shall submit monthly an investment report, to the Investment Committee, that summarizes recent market conditions, economic developments and anticipated investment conditions. The report MAI summarize the investment strategies employed, describe the portfolio in terms of investment securities, maturities, risk chancterislics and other features. The report shall incline total investment • rctum to date and compare the return with budgetary expectations or projections. { 0 ~ i 9 32 X I❑ . Isom" , r O I Page 6 of 14 POLICYIADNIINISTRATIVE PROCEDI'REIADNIINISTRATIVF DIRECTIVE TITLE: INVES'rkIENT FOLICS' REFERENCE N11118ER: - 408.04 Otarterly - The Director of Fiscal Operations shall prepare and present to the Investment i , Committee and City Council a written report on the City's investment transactions for the preceding reporting period. The report shall: 1) describe in detail the investment position of the City as of the end of the reporting period, 2) prepared jointly by all investment officers, 3) signed by each investment officer, 4) contain a summary statement of each pooled fund including a) beginning market value for the reporting period, b) additions and changes to the market value during the period: c) ending market value for the period; and d) fully accrued interest for the reporting period. The summary statement for each fund group must be prepared in compliance with Generally Accepted Accounting Principles (GAAP). 5) State the book value and market value of each separately invested asset at the beginning and end of the reporting period by type of asset and fund type invested; 6) state the maturity date of each separately invested asset that has a maturity date, 7) state the account or fund or pooled group fund for which each individual investment was acquired; and g) state the compliance of the investment portfolio of the City as it relates to the investment strategy of the City and with relevant provisions of the Tex. Gov't. Code ch. 2256, Annually - Within sixty (60) days of the end of the Fiscal Year, the Director of Fiscal Operations shall present a comprehensive annual report to the City Council on the investment program and investment activity. The annual report shall provide a separate quartet ly comparison of returns and suggestions for improvements that might be made in the investment program. The City Council shall review and approve the investment policy and investment strategies at least annually and be documented by rule, order, ordinance or ( resolution which shall include any changes made. Compliance Audit - The City's external, independent auditor will conduct an annual review of the quarterly reports in conjunction with the annual financial audit. The results of the audit will be reported to City Council upon receipt. The audit will review compliance with management control on investments and adherence to this policy. F The guidelines of retaining records for seen years as recommended in the reeas State Library dlunlrlpal Records Manual should be followed.' The Director of Fiscal Operations shall oversee the filing and'or stonng or investment records. n. • Vll. SUITABLE AND AUTHORIZED INVESTMENT SECURITIES A, Active Porrjoho Management - The City intends to pursue an active versus a passive Investment management philosophy, That Ys, securities may be sold before they mature if market conditions pttsent an opportunity for the Cu; to benefit from the trade. (Subsection L) I 10 i' 32XI❑ • u Page 7 of 14 POLICY/ADMINISTRATIVE PROCEDURElADMINISTRATIVE DIRECTIVE 7fILF - IYVESI'MLNTPOLICY REFERENCE`sUMBER 40804 B. Auihori:ed Avestmenu (Per HB 2459 and Sections 2256.009 through 2256.017 of the Act) - Assets of funds of the government of the City of Denton may be invested in: 1. Obligations of the United States of America, its agencies and instrumentality's (maturing in less than five (5) years; which have a liquid market with a readily determinable market value; L Investment • grade, direct obligations of the State of Texas (maturing in less than two (2) years); I 3. Obligations of the States, agencies thereof, Counties, Cities, and other political subdivisions of any state having been rated as investment quality by a nationally recognized investment rating firm, and having received it rating of not less than "AA" j or its equivalent (maturing in less than two (2) )ears); 4. Fully insured or collateralized Certificates of Deposit's issued by state and national I banks or savings bank or a stale or federal credit union, domiciled in Texas, guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor; secured by obligations described in I through 3 above, and that have a market value of not less than the principal amount of the certificates but excluding those mortgage backed securities as described in the Tex. Gov't. Code Sec. 2256 009(b). (maturing in less than one (I) year); S. Fully collaterized direct repurchase agreements (whose underlying purchased securities consist of the faregoing) with a defined termination date secured by obligations of the United States or its agencies and instrumentality's pledged with a third party, selected and approved by the City through its Director of Fiscal Operations, other than an agency for the pledgor and deposited at the time the investment is made with the City. Repurchase agreements must be purchased through a primary government securities dealer, as defined by the Federal Reserve, or a bank domiciled in 'rexas. Each issuer of repurchase agreements must sign a copy or the City's Master Repurchase Agreement (termination dote must be 30 days or less); 6. Commercial paper that has a stated maturity of 270 days or less from the date of issuance and is rated A•1 or P•1 or an equivalent rating by at least two nationally, recognized rating agencies. 7. e, Public Fund Investment Pools with a weighled average matunty of 90 days or less. The pool must be approved (by resolution) by the City Council to provide services to the City, 'Me pool must be continuously rated no lower than AAA or AAA•m or at an equivalent rating by at lea it one nationally recognized rating service. A public funds investment pool creatci to function as a money market mutual fund must mark to market daily and, stabilize at a $1 net asset value. 0 A b. To be eligible to receive funds from and invest funds on behalf of an entity f under this chapter, an investment pool must ramish to the im estment officer or other authorized representative of the entity an offering circular or other similar disclosure instrument that contains, at a minimum, the following information, II 32XIL~ s 0 1 Page 8 of 14 POLKI'VADNIMSTRATIVE PROCEDURVADyf1N_ISTRATIVE DIREC"rIVE TITLE'. INVESTMENT POLICY P.EFFRENCE NU%iBFR: 405.04 (1) the t)7c~ of investments in which money is allowed to be invested; (2) the maximum average dollar-weighted maturity allowed, based on the stated maturity date, of the pool; (3) the maximum stated maturity date any investment security withir, the portfolio has; (4) the objectives of the pool; (S) the size of the pool; (G) the names of the members of the advisory board of the pool and the dates their terms expiry, (7; the custodian brnk that will safekeep the pool's assets; (g) whether the intent of the pool is to maintain a net asset value of one dollar and the risk of market price fluctuation; (9) whether the only source of payment is the assets of the pool at market value or whether there is a secondary source of payment, such as insurance or guarantees, and a description of th::tecondary source of 1 payvnr.,i: (10) the name and address of the independent auditor of the pool; (11) the requirements to be satisfied for an entity to deposit funds in and withdraw funds from the pool and any deadlines or other operating policies required for the entity to invest funds in and withdraw funds from the pool; and (12) the performance history of the pool, including yield, average dollar. weighted maturities, and expense ratios. V. To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the Investment officer or other authorized representative of the entity: (1) investment transaction confirmations; and (2) a monthly report that contains, at a minimum, the following inrurmatiom (A) the types and percentage breakdown of securities in which the pool is Invested; (B) the current average dollar •weighted maturity, based on the stated matuntics of the pool; (C) the current percentage of the pool's portfolio in investments that t,ave stated matuntiea of more than one year, j Q (D) the book value versus the market value of the pool's portfolio, using amortized cost valuation (E) the size of the pool; j (F) the number of participanh in the pool; (O) the custodian bank that is safekeeping the assets of the pool; (11) a listing of daily transaction activity of the entity participating in the pool; Q (1) the yield and expense ration of the pool; Q (J) the portfolio managers of the pool; and (K) any changes or addenda to the offering circular, 12 - - +..a' 2 5 )A 0 32X I0 o sa~as■ . Page 9 of 14 I PO1.IC'IVADNIIVISTRATIVE. PROC'EDURVADIIIYISTRATIVE DIRECTIVE f TALE IN%ESTMEN1 POLICY I REFERENCE CUMBER 408,04 S. An SEC registered, no load money market mutual fund which has a dollar weighted + average stated mabinty of 90 days or less whose assets consist exclusively of Lite assets described in section B,1. and whose investment objectives includes the maintenance of a stable net asset value of $l for each share: Furtherm it provides the City with a prospects s and other information required by the SEC Act of 1934 or the Investment Advisor Act of 1940 and whicl provides the City with a prospectus and other information required by the Secunties Exchange Act of 1934 (15 USG Section 78a et. Seq.) or the Investment Company Act ~)f 1990 (15 LISC beakt a 80a- l et. Seq.). 9, Other such securities or obligations which a;e authorized by the Act as approved by City Council upon recommendation of the Imestment Committee. C. Prohibited lnvesunenrs - The City's authorized investment options are more restrictive than those allowed by State law, Furthermore, this policy specifically prohibits investment in the following investment securities. I, Obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal, 2. Obligations whose payment represents the principal stream of cash flow from the underlying mortgage backed security collateral and bears no interest. s 3. C'oNterahzed mortgage obligations that have a stated final maturity date of greater than 10 years. 4. Collateralized mortgp^e obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index 1), Uircisfcarion - It is the policy of the City to diversify its investment portfolios. 'fhe diversification will protect interest income from the volatility of interest rates and the avoidance of undue cuncentration of assets in a specific maturity sector; therefore, portfolio maturities shall be staggered. Securities shall also be selected and revised periodically by the Imestment Committee. In establishing specific diversification strategies, the two (2) • following general policies and constraints shall apply: 1. Risk of market price volatility shall be controlled through maturity diversification and by controlling unacceptable maturity extensions and a mismatch of liabilities and assets. The maturity extension will be controlled by limiting the weighted average maturity of the entire portfolio to 550 days. All long-term maturities will be intended , to cover long-term liabilities. In eddition, five (3%) percent of the Rinds in the portfolio will be liquid at all times. 0 2. The Investment Committee shall establish strategies and guidelines for the percentage of the total portfolio that may be invested in U.S. Treasury Securities, federal agency instrumentalities, repurchase agreements, and insured/collaterlired certificates of deposit and othin securities or obligations. The Investment Committee shall conduct a quarterly review of these guidelines, and shall evaluate the probability of market and default risk in various investment sectors as part of its considerations. 13 ~I a, 10 32 X e . 0 Page 10 of 14 fPOLIC'YIADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE r 1 11TLE: INVEST70ENTPOLICY ~FFR403.047J~IOER L. , 3. Risk of principal loss in the portfolio as a whole shall be minimized by diversifying investment types according to the following limitations. Investment T%9 1,10 of rertftill • U.S. Treasury Notes,Bills 100% a U.S. Agencies & Instrumentalities 100,110 a State of Texas Obligations & Agencies 153; a Local Government Investment Pools 503' • Local GovernmentObligationa (AA) 100,1 • Repurchase Agreements 25910 a Cert 111csics of Deposit 1009'0 a U.S. Government Money Market Funds 5000 By Institution Repurchase Agreements No more than 10% All Other No more than 40% Investment Pools No more than SIMM000 E. Security swaps maybe considered as an investment option for the City. A swap out of one instrument into another is acceptable to increase yield, realign for disbursement dates, extend or shorten maturity dates and improve market sector diversification. Swaps may be initiated by brokeWdealers who are on the City's approved list, A horizon analysis is required for each swap proving benefit to the City before the trade decision is made, which will accompany the investment file for record keeping. F. All investments (governments or bank C,D.'s) will be solicited on a competitive basis with at least three (3) institutions. The Investment Committee can approve exceptions on a case by case basis or on a ;cneral basis in the form of guidelines. These guidelines shall take into consideration the investment type maturity date, amount, and potential disruptiveness to the City's imestment strategy. The investment will be made with the brokerAcalce offering ttie best yteld'quality to the City, The quotes may be accepted orally, in writing, electronically, or any combination of those methods, G. Arbitrage - Due to the bald issuance sizes of which the City incurs on a regular basis, arbitrage should be addressed. The Tax Reform Act of 1996 provided limitations restricting the City's investing of W. 1 r exempt General Obligation Bond proceeds and debt service income, New arbitrage rebate provisions require that the City compute earnings on investment from each issue of bonds on t , an annual basis to determine if a rebate is required. To determine the City's arbitrage position, the City Is required to perform specific calculations relative to the actual yield 1 earned on the investment of the funds and the yield that could have been earned ti the funds had been invested at a rate equal to the yield on the bonds sold by the City. The rebate provision states that periodically (not less than once every five years, and not later than sixty days alter maturity of the bands), the City is required to pay the U.S. Treasury a rebate of 14 25 32xlo asirr+. 0 ' I POLICWADMINISTRATIVE PROCEDURVADMINISTRATIVE DIRECTIVF Page a or 14 T11M INVESTMENT POLICY littlEFERENCENUM13M: 60804 excess earnings based on the City being in a positive arbitrage position. 'Ihe Tax Reform restrictions require extreme precision in the monitoring and recording facets of investments as a whole, and particularly as relates to yields and computations so as to insure compliance. Failure to comply can dictate that the bonds become taxable, retroactively from the date of issuance. The City's inscstment position relative to the new arbitrage %strictions is the continued pursuit of maximizing yield on applicable investments while i; suring thr safety of capital and liquidity. It is a fiscally sound position to continue maximi,.'i - of yield and rebate excess earrings, if necessary, Vill. SELECTION OF BANKS AND DEALERS A. Depository - City Council shall, by ordinance, "select and designate one or more banking institutions as the depository for the monies and funds of the City" in accordance with the requirement of Tex. Loc, Gov't. Code ch, 105. The bank shall be selected primarily nn "solvency and stability" and secondly, on rate of interest available. The Director of Fiscal Operations shall conduct a comprehensive review of prosprctive depositories credit characteristics and financial history. / 'fhe bank shall be selected through a formalized bidding process in reswnse to the City's request for proposal (RFP) outlining all services required. The Investment Committee shall have the discretion to determine the time span for rebidding the banking services contract; however, a two year period will be the minimum length of time between bidding with a 5 year maximum period. I Banks and savings and loans associations seeking to establish eligibility for the City's conrpciitive certificate of deposit purchase program, shall submit financial statements, evidence of Federal insurance and other information as required by the Director of Fiscal Operations. M Investment BrokersIDeulers - The Investment Committee shall be responsible for adopting the list of brokers and dealerx of government securities. Their selection shall be among only pnmary government securities dealers that report directly to the New York Federal Reserve . Dank, unless a comprehensive credit and capitalization analysis reveals that other firms are adequately financed to conduct public business. The Investment Committee shall base its evaluation of security dealer and financial institutions upon, I, Financial conditions, strength and capability to fulfill commitments; 2. Overall reputation with other dealers or invatoro; • S. Regulatory status of the jealer; 1MR 4. Dackground and expertise of the individual representatives. t 15 YtYr . xY 0 e 1101J("A"ADSIIYISTRATIVE PROCEDI'REIADMINISTRATf1__ E_DIRUMVE Page 12 of 14 TITLE: INVGSUfENTPOLICY REFEREtiCENCthID E ::E 408.04 i The Director of Fiscal Operations shall conduct business with securities dealers approved by the Investment Committee or with banks selected as outlined in VIII. Furthermore, the committee must annually review this list of qualified brokers authorized to engage in investment transactions with the City. a Investment Officers shall not conduce business wish any firm with wham public entities have sustained Tosses on investments or whose name the 1nve;tment Committee has removed from an Approved list. C. Compliance - A qualified representative from any firm offering to engage in investment transactions with the City is required to sign a written instrument. This certifies that they have received and reviewed a written copy of the City's Investment Policy. The firm must acknowledge that it has implemented reasonable procedure, and controls in an effort to preclude inestments between the City and the firm that arc not authorized by the City's investment policy. Approved brokers and dealers must complete Exhibit A and return it to the Director of Fiscal Operations, The City's investment officer(s) may cot transact business from s. person who has not delivered the required written instument to the City, 1). Diversif+carlon -'ro guard against Ptefault possibilities under these conditions, and to assure diversification of bidders, business with any one issuer, or investment broker, should be limited to (400.a) percent of the total portfolio at any point in time, In this way, bankruptcy, receivership or legal action would not immobilize the City's ability to meet payroll or other expenses, Ile. PRINCIPAL. PROTECTION AND SAFEKEEPING A. All banks' and savings and loan associations' deposits and investments of City funds shall be secured by pledged collateral with a market value equal to no less than 102 percent of the principal plus accrued interest less an amount insured by FDIC of FSLIC. Evidence of proper co Ilatotal ization in the form of original safekeeping receipts held in Institution's trust acpartment or at a third parry institution not af!iliated with the bank or bank holding co Assistant City mpany will be maintained in the orrice of the Director of Fiscal Operations all time. The rager of Rcprescntati a wiilll approve Finance, and release rector all pledged coll al. Collateral will be rc%iiewd monthly to assure the market value of the securities pledge,; exceeds investments anS'or the related bank balances. The Committee shall request additional collateral in She event they doom (hat their deposits and investments are not sufficiently protected by the pledged collateral . 13. Safekeeping procedures shall be established by the Investment Committee which clearly i efin steps for fu dseare in jeopardy., Collateral safekeeping and substitution tagreedete mentts willabe aepa of the procedure. Collateral Drfnrd -'the City of Dctron shall accept only the following securities as collateral: 0 I. FDIC and FSLIC insurance coverage. 2. United States Treasuries & Agencies. 3. Other securities as approved by the Investment Committee, 16 10 32X ~w4w . i • r , a 1 , Page 13 of 14 POLICYIADMINISTRATIVE PROCEDUREIADMINISTRATIVE DIRECTIVE OCgE MBER + 7iTlE: INVESTMENT POLICY - REFER EN 4.04 D. Delivery is. Payment - All transactions will be executed with authorized security dealers and financial institutions on a delivery-versus-payment (DVP) basis, That is, funds shall not be wired or paid until verification has been made that the Trustee rcceivod the collateral. The collateral shall be held in the name of the City or held on behalf of the City. The Trustee's records shall assure the notation of the City's ownership of or explicit claim on the i securities, The original copy of all safekeeping receipts shall be delivered to the City. Securities will be held by the City's safekeeping agent, which shal! be selected through it competitive process (RFP) or that agent's representative in New York City, or in it's account ' at the Federal Reserve Bank, E, Suh)ecs to Audit - All collateral shall be subject to inspection and audit by the Director of Fiscal Operations, or designee, as well as, the City's independent auditors. Y X. MANAGEMENT AND INTERNAL CONTROLS The Director of Fiscal Operations, or designee, shall establish a system of internal controls, which shall be reviewed by an independent auditor. The controls shall be designed to prevent losses of public funds arising from fraud, employee eTor, and misrepresentation by third parties, unanticipated changes in financial markets, or impru lent actions by employees or Investmett Officers of the City. Controls and managerial emphasis deemed most imporant that shall be employed irslude the following: Imoerative Controls: Custodian safekeeping receipts records management Avoidance of bearer-form securities Documentation of investment bidding events Written confirmation of telephone transactions Reconcilement's and comparisons of security receipts with the investment subsi nary ! records Compliance with Investment policies Verificafion of all interest income and security purchase and tell computations 17 ; f I i 1]1 I r 32 x Now= ~ R i ~I 1.y O ' r O 1 r S rPOLIC57ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Page 14 of 14 TITLE: INVESTMENT POLICY ~REFERE108~ UMSER: fff s Controls Where Practical Control of Collusion ; Separation of duties Separation of transaction suthority from Accounting and Record keeping Clear delegation of authority Accurate and timely reports Validation of investment maturity decisions with supporting cash flow data Adequate training and development of Investment Officials Review of financial conditions of all broken, dealers, and depository institutions Staying informed about market conditions, changes and trends that require adjustments in investment strategies. i i { r I1 S i 1 , r ~ r a., c r t dir,. ,7rj x IlJ 'Y'' t a7~ { I.J B 0 A4eiiJa Nn Avrn0, It crn. AGENDA INFORMATION SHEET AGENDA DATE: December 15,1998 DEPARTMENT: Engineering do Transportation V":;7 CMlDCM/ACM: Rick Svehis, Deputy City Manager SUBJECT: CONSIDER AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND RAVZOR INVESTMENTS, LTD., RELATING TO THE PURCHASE OF 1.286 ACRE OF LAND FOR THE EXPANSION OF V. S. HIGHWAY 77 (PARCELS 14 & 25): AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND: J. Newton Rayzor, President, The Raynor Company, and Managing Central Partner, Razor Investments, Ltd., has e:ccuted the Red Estate Contract for the required right-of- way for the U. S. Highway 77 Widening Project. The contract amount of $22,408.00 represents the felt market value Be determined by on independent appraiser and reviewed by a separate sppralser for conformity and as required by the Tesas Departmea of Transportation (T%DOT). The Appraiser end Review Appraiser services were approved by the City Council In 1997 (Professions] E. rvices Contracts). OPTIONS, Not Applicable RECOMMENDATION: Staff recommends approval or the real estate conlrecl between the City of Denton sod Raynor laveslmeols, Lid., for Me purchase of 1.288 sere of land for widening U.S. Hwy. 77. • PRIOR ACTION/REVIEW (Council, Boards, Commissions): The Planning & Zoning Commission recommended approval on July 2J,1997. FISCAL INFORMATION: I • The purchase price Is 522,408.00 plus closing costs of appr Amately $500.00. 0 • Attached 1 ~ 32 x 0 I Reapectfulty submitted: 1 C or Pre ed by: Ergs ng & ranspc Ration CSC ~ 1 Paul Williwrson Right-of-Way Agent r I ,a f i i i 2 I a • e ; y 71 M NO SCOLF of ~ 1 fir, r. i SITE { e = s • AL LOCATION MAP PARCEL 11 i 3 o u I i y'~ 1 44,~!I I I 7 '000, ' r I tp ; p er •4R 1 } i iR.l • M I i. of - 1. 1 V i /M1` P` 11 ~I Vie., ~ I s I ti,t ',I f I I n j r ~Y 1 all' i' E ♦ ~I I ' •e ~i III I fU / • SITS MAP 4 ..f ^S '32xi~ s , • o i K n0 SCALE uI SITE a ' ,a+ LOCATION Mw PARCEL Zs 5 1 El 32XI[j 1 r. . iyw; ~ • L ~ T 1f , ~'e+ t1a1 A ; i. ~ :fir { SIN N ' ~I 10 ~ PARCEL ZB ~ ice' . • Res \ p i offs 6 >2 x C1 ti. 0 ~axaa Planning and Zvaing Minutes July 23, 1997 E Page 2 f Ms. Schertz: 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 fav^r. As many as are in favor of Jim Engelbrecht please raise your right hand. (Vote - 3) As many as are in favor of Ellen Schertz please raise your right hand. (Vote - 4) The new Chair person by majority is Ellen Schertz. 'T'hank 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 tone, 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. Ill. Consider approval of the minutes of the July 9, 1997 meeting. Nis. Schertz: Are there any corrections? Seeing none, the minutes will stand approved as written, IV. Consider making recommendation to the City Council for the acquisition of the Pvght-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: i would '*we that we recommend to the City Council the acquisition of Right-of-Way for US 77 from FM 2164 to I.35. I Ms. Ganzer: Second. t Mi. Schertz: Is there any discussion? All in favor, please raise your right hand. Motion passes. (7-0) 1 V. Consider making recommendation to he City Council for the acquisition of the Rigbt-of• r Way for Lakeview Boulevard. O Mr. Powell: I move that we make recomcneoda ' tton to the City Council ty for the bcqulsition 1 of the Right-of-Way for Lakeview Boulevard. Mr. Engelbrecht; Second. 7 { ar ' 25 x 10 32x~a aT! • o rcwanuwuuu~m.mnua.a.ro~.ew+w.►.~rr . j ORDINANCE NO. AN ORDINANCE APPROVING A REAL. ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND RAY70R INVESTMENTS, LTD, RELATING TO THE PURCHASE OF 1.288 ACRES OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCELS 14 AND 25); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. I I THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Rayzor Investments, LTD, in substantially the form of the Reel Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of 1.188 acres of land for the expansion of U. S. Highway 77 (Parcels 14 and 25). i SECTION H. That the City Manager is authorized to make the expenditures as set 'orth in the attached Real Estate Contract. , SECTION 111. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 11998. JACK MILLER, MAYOR ATTEST: JENNIFER WALT311S, CITY SECRETARY BY: AP: ROVED AS TO LEGAL FORM: • HERBERT L. PROUTY, CITY ATTORNEY 1 BY: , 8 ` + 25 10 32x1❑ r 1 WNW'" 0 ,map= REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between RAY2oR INVESTMENTS, LTD. (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND S.NLE Seller hereby sells and agrees to convey, and Purchaser hereby lurchases and agrees to pay for all that certain tract, lot or parcel of land describer'. in Exhibit "A" attached with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurten"aces being hereinafter referred to 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. Fuller shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, labor and materials for any and/or improvements located within the property described in Exhibit "A". Any improvements not removed by January 1, 1999 shall become property of the City of Denton, Texas. PURCHASE PRICE 1. Amount of Purchase Price. The purchase price for the Property shall be the sum of $22,406.00. 2, Payment of P+irc',ase Price. The full amount of the Purchase Price shall be payable in cash at the closing. O PURCHM ER'S OBLIGATIONS The obligatiori of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in past by Purchaser at or prior to the closing. 1. Preliminary Title F.ep rt. Within twenty (20) days after the date hereof, Seller, at'Selier's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owners policy commitment (the "Commitment") accompanied by copies of all recorded documents relatl-,iq to easements, rights-vc-w y, I 9 bL1 Y w , 9 0 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 the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to t,~e reasonable satisfaction cf Purchaser. In the event Seller is unable to do so within ten (10) days after receii'_ of written notice, this Agreement shall thereupon Se null anLi void for all purposes; otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. Survey. 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 coLprising the Property, together with a metes and bounds description d thereof. Purchaser will iave ten (10) (lays after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller 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 Seller is unable to do so within ten (10) days after receipt of written z,otice, 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 Title Compaq; 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 Compliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. REPRESENTATIONS AID WARRANTIES OF SELLER • fj Seller hereby represents and warrants to Purchaser as follows, which representations and warr,-inties shall be deemed ~ O AEF008FE PAGE 2 ' JJ 10 1 32 X All a NOWN 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 parties. 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, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, ststutes, rules and restrictions relating to the Property, or any part thereof. 4. To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amenier', and the Comp:ehensive Environmental Response Compensation and Liability Act (CERCLA), as amended. CLOSING The closing shall be held at the office of Dentex Title Company or. or before November 30, 1998, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). CLOSING REQUIREMENTS 1. Seller's Requirements. At the closing Seller shall: A. Deliver to State of Texas, acting by and through the Texas Transportation Commission a duly executed aid M acknowledged Deed in the form as attached hereto is Exhibit "8" conveying good and marketable title to all of • the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following: 1. General real e3tate taxes for the year of closing and subsequent years not • yet due and payablet O 0 2. Pny exceptions approved by Purchaser •-=Care PAGE 3 1 11 ~ 75 x Cl 32 X I❑ 4 •wewea 'tea pursuant to Purchaser's Obligations here- of; and 3. Any exceptions approved by Purchaser in writing. B. 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 titie company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the purchase price, insuring fee simple title for the State of Texas to the Property subject only to those title exceptions listed in Closing Requirements hereof, ` such other exceptions as may be approved in writing by f Purchaser, and the standard printed exceptions contained I 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 borne by Purchaser; 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"; { 3. The exception for saxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"; and 4. The exception 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 Requirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. 3. Closing Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of closing. All other costs and expenses of closing in consummating the sale and O ' • purchase of the Property not specifically allocated herein shall be paid by Purchaser and Seller. AEEOOBFE PAGE 4 12 ~ { C) 10 0 , o REAL ESTATE COMMISSION All obligations of the Seller ind Purchaser for payment of brokers' fees are contained in separate written agreements. BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to seller. BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGAT- '.S having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to purchaser. MISCELLANEOUS 1. Assigrunent of Agreement. This Agreement may be assigned by Purchaser without the express written consent of Seller. 2. Survival of Covenants. Any of the representations, war- ranties, 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 shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered j hereunder shall be deemed receiv?d when sent by United States mail, postage prepaid, certified nail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. i 4. Texas Law to Aaply. This Agreement shall be construed • under and in a!-F" ccordance with the laws of the State of Texas, and ' all obligations of the parties created hereunder are perfo.r.able + in Denton County, Texas. S. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, • executors, administrators, legal representatives, successors and 0 • t y assigns where permitted by this Agreement. AEEWOFE PAGE 5 13 10 32 10 WNULM~ 0 l 6. Legal Constructiun. In ise any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- validity, 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 nearer been contained herein. 7. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties reslectinq the within subject matter. a. Time _ of Essence. Time is of the essence in this Agreement. 9. Gender. Words of any gender used in this Agreement shall be bald and construed to include any other gender, and words in thr singlilai number shall be held to include the plural, and vice ! 1 versa, r,les.s the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of reco-d. ' 11. Compliance. In accordance with the requiremerts of the Texas Peal Estate L.'.cense Act, Purchaser is hereby advised that it should be furnis?ad with or obtain a policy of title insurance or Purchaser should have the abstract covering %he Property examined by an att.~rney of Purchaser's own selection. 12. T_iae Limit. In the event a fully execnted Gvpy of this Agreement has not b^en returned to Purchaser within ten (10} days after Purchaser executes this lgreement 3r,4 delivors same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. DATED this day of , 199e. • SELLER PURCHASER RAY20r. INVESTMENTS, LTD. THE CITY OF DENTON, TEXAS BY C 1~ BY: J.~ ew n Rayzor,`Presi en Michael N. Jez • T Ra ¢.or Company City Manager , • • Managiog General Partt,er 215 E. McKinney Denton, Texas 76201 AEF.oo ;!'E PAGE 6 14 i 32X e , 0 STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of , 1998 by Michael M. Jez, City Manager, of the City of Dentcn, a mvnicipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said pity of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate 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 expressed, and in the capacity therein stated. Notary Public in and for the State of Texas , STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this 4~-day of E(E 1998 by J. Newton Rayzor I Notary Public in and for the State of Texas srmnrE ~ ►R/090N ~'~ia'~~'Wy !1W olAm ~MO~.fl4A i f 1e :i ASE008FE PAGE i u f 15 ".2x1 I ' o l teens County Denton EXHtOn Highway U.S. 77 Page 1 of ; Project Limits: From f.H_35 To U.S. 380 Rev. February 13, 1998 CSJ: 0195-02• Account: _ FIELD NOTES FOR PARCEL 14 BEING A PARCEL OF LAND SITUATED IN A CALLED 93.524-ACRE TRACT, CONVEYED 'G CUGENIA PORTER RAY20R, ET. AL., RECORDED IN VOLUME 775, PAGE 112, DiiED RECORDS OF DENTON COUNTY, TEXAS (DRP'71, AND BEING IN THE N.H. MEISENHEIMER SURVEY, ABSTRACT NO. 810, CITY OF DENTON, OENTCI~ COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING for reference at a Mond 1/24rtch Iron rod for the southwest corner of a called 14.198•aere trot; of land conveyed to Cott Joint Venture (Cori J.V,I, recorded in Volume 1888, Page 9, DADCT, sold point being on the north line of said Malsenhohoer Survey and being In the centerline of Riney Road; THENCE S 88' 48' 37" E, w;th said Survey Una, a distance of 1,296,98 feet, to a set :'X nail for the POINT OF yy BEGINNING, also being a point on the new youth right of way line of U.S. 77; (1) THENCE S 88' 48' 37' E, continuing along said Survey Una, a distance of 145.96 feet to a found 1/2-!rich iron rod in the existing south right of way line of U.S. 77; (21 THENCE S 57' 59' 58' E, along a Ora common to said Raynor tract and the existing south right of way line of U.S. 77, a dismni:a of 1290.13 feat to a found 1/2-Inch iron rod for a northeast corner of said Raytor tract, sor,j being the northwest comer of a 0.701-acre tract conveyed to Berworth Curporatioe, recorder. in Volume 1178, Page 439, DROCT; 131 THENCE S OB' 09' 56' E, along a One common to said Raylor tract ar,d said Barworth tract, a distance of 35.43 feet to a set 518-inch Iron rod with an aluminum Cep In the new south right of ` way line of U.S. 77; THENCE along the new south right of way line of U.S, 77 as follows. (4) THENCE N 580 11' 36' W, a distance of 38.59 feet to a set S/Bdnch iron rod with an aluminum cep; (5) THENCE S 31' 40' 24' W, a distance of 10.00 feet to a set 5/8-inch iron rod with an aluminum cap; (8) THENCE N 58' 11' 36' W, a distance of 460.00 feet to a sat 6/9-inch Iron rod with an aluminum cap; (7) THENCE N 310 48' 24' E, a distance of 10,00 feet to a set 5/8•fnch lion rod with en slumtnum up: (8) TIIENCE N 580 11' 36" W, a distance of 771.02 feat; E (9) THENCE N 88' 41' 37' W, a distance of 161.68 feet to a sat 6/8•Inel, Won rod with an aluminum i e cap' ~ O • filaaN 16 s ~ 1 !~I 2.5 K, 32X cLw..u A WWI" County Denton EXHIBIT `A` Highway V1§1 1Z Page 2 of Project Limits: From 7o U. S. 380 Rev. February 13, 189; ~ CSJ: 0195 02• Account: FIELD NOTES FOR PARCEL 14 (101 THENCE N 01' 13' 23` E, a distance of 40.00 feet to me POINT OF BEGINNING, and contain;ng 1.114 acres, or 48,514 square feet of land, of which 1?77 square feet reside In a City of Oentor drainage easement and 2027 square feet reside In the prescriptive right of way of Riney Roac. more or less. Thomas Wllllem Mouk Ll3/~ Texas No. 5119 Date .4.16.000 1 00 4rlt C~ MN. r`°Q " o y0 SURV s • I i 'Y • r~ i ti "$Oro E 17 i , r ',!P ,,lT, C b . 2:) 32X • 6 acawrsr O nom,•e ' I County gonta EXHIBIT •A' Highway JU U Pago i of 1 Project Limits: From, Rev. November 28, 1994 To ),~,s. figQ CSJ: 019"2• Account: • , FIELD NOTES FOR PARCEL j BEING A PARCEL OF LAND SITUATED IN A CALLED 0.701-ACRE PARCEL OF LAND, CONVEYED TO BARWOATH CORPORATION, RECORDED IN VOLUME 1170, PAGE 439, DEED RECORDS OF DEMON COUNTY, TEXAS IDROCTI, AND BANG SITUATED IN THE N.H. MEISENHEIMER SURVEY, ABSTRACT NO.010, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING for reform(, at a found 8/8•inch iron rod for the eouthx eat comer of sold Borworth tract and a corner of a 93.624-acre parcel of Iand conveyed to Eugenis Porter Ra"or, at, el., recorded In Volume 775, Page 112, DROCTI THENCE N 080 09' 680 W, along the well property 11ne of sofd Borwonth tract, a distance of 182.86 flat to a set 518-Inch Iron rod with an aluminum cap being the POINTOF BEGINNING, acme being a point on the new south right of way l1ne of U.S. 77, 111 THENCE N 084 09' 68• We along a north-south Ins common to sold Barworth tract and said Ray:or tract, a distance of 35.43 feet to a found 112-Inch Iron rod for the northwest corner of said Borworth tract, and a northeast toner of said Rsyror tract, and being on the eaisdng south right of way Una for U.S. 77; 121 THENCE S 670 02' 5% - E, along a One common to aid Sorworth tract Ind existing south right of way Me M U.o. 77, a distance of 314.38 fat to a print being on the east Iins of said k Barworth tract, and new the wait right of way Nna for Riney Road; 131 THENCE S 250 08' 56' F. along the east Me of aid Berworth but which Is In Riney Road, a distance of 38.28 fen to a met PK nail with Miner, soma being a point on the now south right of way Ilns of U.S. 77; 141 THENCE N 680 11' 38' W, along the now south rkht of way fine of U.S. 77, a distance of 3WW2 3.02 feet the of which 347 squuare feet ressiidl INNING, t and right of 7way o Piney 7,572 are fa of more or Iiis. • OP, John F. Wilder, R.P.L.S. '••f 4 j Tear No. 4286 OHN F WILOE Dan O A 18 2 5 0 EXHIBIT ..B„ Texas DeputmeM of TnaRmrt'doo Pam D•1344 pop I of 7 Rev. 9/91 DEED THL Z FATE OF TEXAS i " COUNTY OF .I KNOW ALL MEN BY THESE PRESENTS- That, of the County of , State of Texaa, hereittalter referred to as Grantors, whether , one or more, for and inconsideration of the sttm of Dollars (S ) 10 GM10ts Et hand aid by the State of Texan, WWI by and through the Texas Transportation Caruninion, receipt of which U hereby acknowledged, and for wlhliich no ilea is retaitted, either expressed or implied, love this , day Sold and by theca ppresetus do Grant, Bargain, Sell and covey unto the S of x the in ans more paid y aa tract or parcel of land fn Ca , Texas, c hibit "A," which is anachW hereto and incorporated heroin for any and All P~po SAVE and EXCEPT, HOWEVER, it is expressly mderstood ►nd agreed that Grantors rue retaining title to the following improvernents located en the property described in said Exhibit "A," to wit: 'I Grantor covenant and agree to remove the abovedeacnbed ,mQrovemenu ftotn said ]and by the day of ,19--, subject, however to such extensions of tithe as nuy be granted { by the State in writing; rind if, for arty reason, Grannon fal{ or tefiise to remove same within said period of time prescribed, then, without any further co siderada4 the tide to all or any part of such improvements not so removed shall pass to and vest in the State of Texas forever. Grantors rrserve all of the off, go and sulphur in and under the land herein conveyed but waive all tights or drillin of ingress and egress to the surface thereof for the purpose of exploring, dew opin ,to» Vigor use a for I same; however, nothing in this reservation shall &&a i A thle and, rights SStt other minersh and materials thereon, therein and thereunder. • 1 i • • • 19 rj I r.$ ~ `1 ~5 k 32 x L.J , 0 Texas thpartment of Tnnepozution Isom D-1344 - Pass 2 of 7 Rev. 9191 TO HAVE ANT) TO HOLD the premises herein described and herein conveyed together with all and singular the rights and appurtenances thereto in any wise belonging unto the State of Texas and its assigns forever, and Grantors do hereby bind ourselves, our heirs, executors, administrators, success on and as. sigru to Warrant and Forever Defend all and singular the said premises herein conveyed unto the Stele of Texas and its assigns against every person whomsoever lawfi yiI claiming or to claim dw . ame or any pan thereof. IN WTMESS WHEREOF, this instrument is executed on this the day of •rN1f•rfr#1rr•qrf•Nrrfllffrfffr/MbrrrrffrrrrrfrNrrfrrrq rlrrrrr•rprrfgpr•r• ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME. the uodenlgoed, a Notary Public, on this day personally appeated kaowc to me (or proved to me ors the oath of _ , a credible witness,) to be the penoo(s) wbose cane(s) b (am) subscribed to the fonsoins ttrstruenesn sod admo*Wled to me that h0sbAhhey executed the same for the l purpr..v and eoasidendoa therein expeeased. GIVEN UNDER MY WAND AND SEAL OF OFFICE, tbis day of 19_ . Notary Poblk, Stars of Taxis I Sty Q0ML'sim elpirea to do day of ,19__ . •rrrrrffrrfrurrrararfrafrrfufrrrafrufaffrrfaarrrrfrrrrrrrrrrrrrf•►ruffrrrrfffra• CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS' COUNTY OF _ e BEFORE ME, rho undersigned, a Notary Public. oa this day persoaUs, appeared of , kfiowo 10 me to be the; , In and offiar whose ,tune L aobecaited to tb faegolog ltswtmoent and adaowledged W mo dui tb m!~ was the act of the uid , a eorporstim that bobs was duly autboriwd to perform the tame boa oppropelaw naetudoo of the board otdismoe of Mxh corpendoa and for be/At 1 ertecuted the same u the as o(ncb raepondoo for the I arpooss and cooaidwWo'herein expiened, and to dN capacity docia seated. e OfV1+P VNDE.R MY RAND AND SEAL OF OFFICE, dh _ day of 19~ , C I, Floury PA&, Suess of Teat My Commlufoo eneplne ors the _ day of i zo j r „ r . AP7arrx' . 0 o I Totes Depemoem oC Tree'pongtion Form D•0.14 - hp 3 of 3 Rer. 9/91 After recording please return thb Instrument to: j i { J i j, e It I ~i CERTIFICATE OF RECORDING THE STATE OF TEXAS, 0 COUNTY OF 14 G J~o ~ J 21 } 0. Agsr,Ja item// ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFES- SIONAL SERVICES CONTRACT WITH DIVERSIFIED UTILITY CONSULTANTS, INC. TO REVIEW LANE STAR GAS COMPANY'S REQUEST TO INCREASE RATES IN THE CITY OF DENTON SERVICE, AREA; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council, by Ordinanec No. 98-197, at their regularly scheduled meeting of November 17, 1998, suspended the proposed rate increase of Lone Star Gas Com- pany for 90 days, or until February 25, 1998; and WHEREAS, the City Council authorized the City Manager to seek a qualified rate con- r' sultant to assist the City in reviewing Lone Star Gas Company's request to increase rates in the Denton service area; and WHEREAS, the City Co:.ned deems it io the public interest to enter into a Professional Services Contract with Diversified Utility Consultants, Inc,; NOW, THEREFOR E. THE COUNCIL, OF THE CITY OF DENTON HEREBY ORDAINS: SECTIQN 1. TTat the City Manger is hereby authorized to enter into a Professional Services Contract with Pi,ersified Utility Consultants, Inc., substantially in the form of the at- tached contract, which is made a part of this ordinance for all purposes, to review Lone Star Gas Company's request to increase rates in the City of Demon service area, SECTION 11, That the City Manager is hereby authorized to make the expendiLtres as outlined in the attached eontract. SECT ]ON 111. That this ordinance shall bect,,re effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of.1998. I t s` JACK MILLER, MAYOR 1 AIIl:SI: 11iNNIFIIR %%'AL,T-ERS. CI'T'Y SI'CRF; fARY BY:.-- 1 11 25x~❑ 32XI❑ WOO e • 1 1 APPROVED A. TO 1 EGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: J , f dlw Gcumnn,fhdmmrn of nn mn,uhun hw I I I I ' f I jk i , I Page 2 j r V 21 x1o e WIN" 0 • 1 O MIMM PROFESSION' L SERVICES AGREEMENT FOR PROFESSIONAL SERVICES REGARDING LONE STAR GAS COMPANY'S REQUEST FOR A RATE INCREASE STATE OF TEXAS § COUNTY OE DE.NTON § THIS AGREEMENT is male and entered into as ofthc day of December, 1948, by and between the City of Denton, Texas, a Texas municipal corporation, with its principal oltice at 215 East McKinney Street, Denton, Denton County. Texas 76201, hereinafter called OWNER" and Diversified Utility Consultants, Inc., with its corporate office at 7800 Shoal Creck Boulevard, Suite 246 South, Austin, Texas 78757, hereinafter called "CONSULTANT," acting herein, by and through their dLly authorized -epresentatives. WITTIEiSSETH, that in consideration of the cuvenants and agreements herein contained, the parties hereto do mulually agree as follows: ARTICLr: I F,MPLOYMENT OF CONSULTANT The O%V`NFR hereby contracts %i.h the CONSULTANT, as an independent contractor, and the C'ONSULTAN"T hereby agrees to perform the services herein in connection with the Project as stated in the sections to follow, with diligence and in accor:ance with the highest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include, without limitation, investigation and analysis of Lune Star Gas C'ompam's request fur a rate increase to make a determination of the reasonableness of that rate increase. based on an analysis of that rate base, expenses, investment, and rate of return of Lone Star, along with any additional factors which would bear on the reasonableness of Lone Star's request. ARTICLE 11 A SCOPE. OF SERVICES The CONSUL [AN I'slim; perform the following services in a prcfessional manner: A. the C'ONSULI AN I' shall perform all those services as necessary and as described in the OWNFR's Request for Proposal for Professional Smues to Assist the City of Denton. 0 Texas in Analyzing Lone Star Gas Company's Rate Request for the Denton Distribution p System. which is attached hereto and made a part hereof as Exhibit "A" as if written word for word herein 32 X . o , :SLL' %P h I r. To perform all those services set forth in CONSULTANT's Proposal to R:view Lone Star Gas Company's Request for Rate Increase dated November 30, 1998, which , proposal is attached hereto and mach a part hereof as Exhibit "B" as if written word for word herein. C. CONSULTANT shall perform all those ss-rvices set forth in individual task ,Hors. if any, which shall be attached to this Agrecmmt and made n part hereof for all purposes as separate agreemerns. D. CONSULTANT will meet with and submit status reports to the Assistant City Manager for Finance, City Attorney, and their staffs will be available for at least two City Council meetings, and shall provide both a preliminary report and a final report indicating its recommendations as set forth in Section B "Scope of Work" of Exhibit "A". E. If there is any conflict between the terns of this Agreement and the exhibits atrachl to this Agreement, the terms and conditions of this Agreement will control over the terms and conditions of the attached exhibits or task orders. ARTICLE III ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authr ized by the O\kNF.R, which are not included in the above-described Basic Services. are described as tattoos: A. Appearing before regulatory agencies or courts as an expert witness in any litigation, including. without limitation, testimony in rate proceedings before the Texas Railroad Commission, as set forth in Section E "Expert Testimony" of Exhibit "A", with third parties or condemnation proceedings arising from the development or construction of the Project, includh 4 the preparation of engineering data and reports for assistance to the OW'NLR. B, Any other additional scrices specifically rcqu.rsted by the OWNER not included within the scope of IN,. Agrccmcnt and its exhibits. s ARTICLE IV PERIODOFSERVICE f phis Agreement shall become e'.cctive upon execution of this Agreement by the OW'NLR and the CONSUI i i NT and upon issue of a notice to proceed by the OWNER, and • shall remain in force for the period which may reasonably be required for the completion of the O Project, including Additional Services, if any, a-4 any required extensions app•av A by the MINI R. 'I his Agreement may be sooner terminated in accordance with the pro iisiot s hereof. Time is ofthc essence to this Agrccmcnt. The CONSf I.TANT shall make all re, i-4Ie efforts Page 2 10 1 1 0 V i i to complete the services set font;,, hereln as expeditiously as possible and to meet the schedule established by the OWNER in Exhibit "A", acting through its City Manager or his designee. ARTICLE V COMPENSATION A. COMPENSATION TFRNISi 1. "Subcontract Expense" is defined as exfunses io:urred by the CONSULTANT in employmentof others in outside firms for scrniees. 2. "Direct Non-Labor Fxpenw*' is defin•.-d as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, cormmnications, subsistence, a•.d lodging away from home, and similar incidcnlal expenses in cormection with that assignment, N. RILLINO AND PAYMENT; For and in consideration of the professional services to be ;,crformed by the CONSULTANT herein, the OWNER a;r.cs to pay, based on the cost estimate detail at an hourly rate shown in kxhibit "D", Part 11, Price Proposal, x,bich is attached hereto and made a part of this Agreemen! as if written word for word herein, a total fee, including reimbursement for direct non-labor expenses not to exceed twenty thousani dollars ($20,000). .'artial payments to t6c CONSULTAN f vdll lie made on the basis of detailed monthly statements rendered to end approved by the OWNER through its Assistant City Manager for I inance and its City Attorne)' or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the work perfom. A at the time a statement is rendered. The OWNER may withhold the final five pereent (5°i0) of the anuract amount until completion of the Project. Nothing contained in this Article ;hall require the OWNER to pay for any work which is tmsatisfacurry, as reasonably determined by tie City Manager or K; designee, or hich is not submitted in compliance with th,- terms of his Agreement. The OWNER shall not be required to make any fa)meno to the CONSEII.TANT when the CONSULTANT is in default under this Agreement. It is spcci icully tmdewood and agi:ed that tl:c CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional payments by the OWNt(R for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization 0 from the Ow NEW 'I he CONSULTANT shall not proceed to perform we services listed p in Article III "Additional Services;" without obtaining prior written authorization from the O'd'N1?R. I Page 3 4 1.Fj 1-3 2X10 100" C. ADDHIONAL SERVICES: For additional services authorized in writing by the OWNER in Article 111, the CONSULTANT shall be paid based on the Schedule of i Charges at an hourly, rate shown in Exhibit "B", Part 11, Price Proposal. Payments for additional services shall be due and payable upon submission by the CONSULTAN L and shall be in accordance with subsection B hereof. Statements shall not be submitted more frcyuemly than monthly. D. PAYMENI': If the OWNER fails to make payments due the CONSULTANT for services and expenses Within sixty (60) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (I%) per month from the said - ~;°ticth (60) day, and, in addition. the CONSULTANT m alter giving seven (7) days' written noticr to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services. expenses, and charges, provided, howrver, nothing herein shall require the OWNER to pay the late charge of one percent (1°iu) set forth herein if the OWNER reasonably determines that the work is unsatisfactory, in accordance with this Article V. "Compensation," ARTICLE VII OBSERVATION AND REVIEW OF THE WORK the CONSULTANT will exercise reasonable care and due diligence in discovering and promplly reporting to the ONI'NER any defects or deficiencies in the work of the C'ONSUTA AN f or any subcontractors or subconsultants. ARTICLE $111 OWNERSHIP OF' DOCUMENTS All documents prepared or furnished by the CONSULTAN r (ard CONSULTANT "s subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property, of the OWNLR upon the termination of this Agreement. The C'ONSUI.TAN r is vntided fo retain copies of all such documents. the documents prepared and furnished by the C'ONSULT'ANT are intended only to be applicable to this Project, and OWNER's use of these documents in other projects shall be at OWTJER's sole risk and expense. r In the event the OWNER uses any of the information or mr..,erials developed pursuant to th s Agreement in another project or for other purposes than specifleJ herein, CONSULTANT is released from any and all liability relating to their use in that project. ARTICLE VIII INDEPENDENT CONTRACTOR C'ONSUTA AN r shall provide services to OWNER as an independent contractor, not as yr an employee of the ON%NF.R. CONSUI:IANT shall not have or claim any right arising from employee status. Page 4 32x' 144 n~ktk r1 Cy e v o s ARTICLE IX INDFNINITY AGREEMENT I lie CONSUI.'rANT shall indemnify and save and hold hat.nlcss the OWNER and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including. but not limited to court costs and reasonable attorney fees incurred by the OWNER, ant including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT 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 whe is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement. inch.ling the defense of governmental immunity, which defenses are hereby expressly resenr. ARTICLF X INSURANCE Ouring the performance of the scnices under this Agreement, CONSULTANr shall / maintain the following insurance with an insurance company licensed to do business in the State of I cxas 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 Ocneral [,lability Insurance with bodily injury limits of not Icss than k 55130,000 for each occurrence and not less than $500,000 in the aggregate, and with property damage limits of not less than $100.000 for each occurrence and not less than $100,000 in the aggregate. B, Automobile Liability Insurance wish bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage limits of not less than $100,000 for each accident. • C. Worker's Compensation [nsuranco in accordance with statutory, requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident. 1). Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. F. the C'ONSUi,'rANT shall furnish insurance certifcates or insurance policies at the • O%NER's request to evidence such coverages. the insurance policies shall name the p • OWNER as an additional insured on all such policies, and shall contain a provision that such insurance shall not be canceled or modified without thirty (30) days' prior written notice to OWNER and CONSULTANT. In such event, the CONSULTANT shall, prior Page 5 I' 32 X i 4 w~ D y 3 ' i 1 to the effective date of the change or cancellation, serve substitute policies furnishing the l same coverage, ARTICLE, XI ARBITRATION AND ALTERNATE DISPUTE: RESOLUTION ~ The parties may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other rrcans of alternate dispute resolution, such as mediation. No arbitration or alternate dispute res: tution arising out of or relating to this Agreement, involving If one party's disagreement, may include the other party to the disagreement without the other's approval, ARTICLE Nil TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance arittcn notice to the other party. It this Agreement may be terminated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Agreement, No such termination Hill be affected unless the other party is given (I ) 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 teominatiog party prior to termination. C, If the Agreement is terminated prior to completion of the services to be provided hereunder, C'ONSULTAN'f shall immediately cease all services and shall render a final bill for services to the OWNER vvilhin thirty (30) days after the date of termination. The OWN'I! R shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to lerminafron incurred prior to the d:.,_ of termination, in accordance with Article V "Comp.,rsation." Should the OWNER subsequently contract with a new consultant for the :ontinuation of services on the Project. C'ONSULT'ANT shall cooperate in providing information The CONSULTANT • shall turn over ell documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain copies j of such documents for its use. ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES o • Approval by the OWNER shall not constitute, nor he deemed a release of the ' responsibility and liability of the CONSULTANT, its employees, associates, agents, subcontractors, and subconsultants for the accuracy and competency of their designs or other work; nor shall s+rch approval he deemed to be an assumption of such responsibility by the Page 6 is 0 %Rpm" f I OWNER for any defect in the design or other work prepared by the CONSULTANT, its employees. subcontractors, agents, and consultants. ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally, delivered or mailed to the respective parties by depositing same in the United States mail to the address sho%%n below, certified mail, return receipt requested, unless othenA lse specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To CONSULTAN r: To OWNER, Jack Pous City of Denton Diversified Utility Consultants, Inc. I Icrbcrt L. Prouty, City Attorney 7800 Shoal Creek Blvd„ Suite 246 South 213 East McKinney Austin, Texas 78757 Denton. Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing. ; ARTICLE XV ENTIRE AGREEMENT This Agreement, consisting of 10 pages and 2 exhibits, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection Nith the subject matter hereof ABLIC'LE XU SEVERABILI'fV It' any provision of this Agreement is found or deemed by a court of competent jurisdiction to tx invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the rem^lnder to be invalid or unenforceable, In such event, the parties 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 s'IF Page PS 32 x~~ own 0 Ip "M i I i ARTICLE XVIJ CONIPLIANCF. WITH LAWS , T'he CONSULTANT shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTKIF XVHI DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE XIX PFRSONNEL A. The CONSUI.'TAN'r represents that it has or will secure, at its own expense, all personnel required to p rform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the ' O)XNE'R. CONSULTANT shall inform the OWNER of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. Ei. All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in work shall be qualified, and shall be autnorizcd and permitted under state and local laws to perform such senices, i ICLF. XX ASSIGNABILITY Vie CONSULTANr shall not assign any interest in this Agreement, and shall not 1 transfer any interest in this Agreement (whe(her by assignment, no%ation, or otherwise) without the prior written consent of the OWNER. • ARTICLE XXi MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charred therewith, and no cvidence 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 0 • rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the provisions of this section will not be waived unless as set forth herein. Page 8 - .N ~h r I~l 32x1q ~~r~rr hr.o--..~... J NIMAL 1 0 to 1 ARTICLE XXII MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement: A - Request for proposal for Profe,.sional Scnices to Assist City of Denton, Texas in Analyzing Lone Star Gas Company's Rate Request for the Denton Distribution System; and 8 - Consultant's Proposal to Review Lone Star Gas Company's R equcsl for Rate Increase. 13. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers, and records of the CONSULTANT inNolving transactions relating to this Agreement. CONSULTANT agrees that OWNER shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits in compPsnce with thin section. OWNER shall give CONSULTANT reasonable advance notice of intended audits. C, Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. this Agreement shall be construed in accordance with the laws of the State of Texas, 1). For the p,.posc of this Agreement, the key persons who will perfomt most of the work hereunder shall be Jack Pous. Dan Lawton, Ruth Runyon Wenzel, and Sara Coleman. Ilowcvcr, nothing herein shall limit CONSULTANT from using other qualified and competent members of its firm to perform the services required herein, 1'.. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and cfTiclent manner and in accordance with the provisions hereof. In accomplishing the projects. CONSULTANT' shall take such steps as are appropriate to ensure that the work involved is properly coordina;'.d - it'., related work being carried on by the OWNER. -44 F'. The OWNER shall assist the CONSULTANT by placing at the CONSULTANT's disposal all available inrormation pertinent to the project, including previous reports, any A other data relative to the Project, and wranging for the access thereto, and make all prosisions for the CONSULTANT to enter in or upon public and private propety as required for the CONSUL TAN 1' to perform services under this Agreement. G. the captions of ti-,is Agreement are for informational purposes only, and shall not in any way affect the substantive terms or conditions of this Agreement. IN NVI1'NESS HE the City of Denton. Texas has caused this Agreement to be 1y executed by its duly authorised City Manager, and CO`ISULTAN'C has executed this Agreement through its duly authorized undersigned officer on this the day of 19 Page 9 ar} >5 K10 3 2x o 0 i 3 f CITY OF DENTON, I FXAS MICHAEL W.1EZ, C11 Y MANAGER ATTEST: JENNIFER VALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HFRBERT L. PROUTY, CITY ATTORNEY I BY: DIVERSIFIED UTILITY CONSULTANTS, INC. JACK POUS, PRINCIPAL I • WIINF.SS ; I i II BY: { r I Ail ICd I a1nradrq I M Mr Nsr el,'C-1,11A ald''.n.,rw wwwy a.nwiwn dis 1 Page 10 v ;akPX1~~ Y z'. C:J x 1 0' 32 x I m 11,14, "mal A IMAIL O ORDINANCE NO. AN ORDINANCE OF THE CITY Of DENTON, TEXAS DONATING CERTAIN HISTORICAL ARTIFACTS TO DENTON COUNTY, TEXAS, TO BE HELD IN THE PUBLIC INTEREST AS PUBLIC PROPERTY; RESERVING THE RIGHT TO RECLAIM THE ARTIFACTS IN THE EVENT THAT DENTON COUNTY IS UNWILLING OR UNABLE TO PRESERVE, MAINTAIN OR DISPLAY THEM FOR 'THE BENEFIT OF THE PUBLIC; AND PRESCRIBING AN EFFECTIVE DATE, WHEREAS, on June 4, 1998, the City of Denton entered into a mediated settlement of litigation styled Denton County Mstorical Museum, Inc. v. Denton County and City of Denton (the "Litigation') entered by the Court on August 21, 1998, which concerned, in part, the disposition of certain historical artifacts; tknd WHEREAS, the City of Denton, Texas reclaimed title to a number of these historical artifacts, both as a result of stipulated agreement, and as a result of a declaratory judgment rendered by the Probate Court of Denton County Texas on November 12, 1998, said reclaimed artifacts being described in Exhibit A (the "Artifacts'); and WHEREAS, the Council of the City of Denton, Texas desires to donate these Artifacts to Denton County, Texas, subject only to a stipulation that they be preserved and displayed by this governmental entity for the benefit of the public as a part of the County's museum; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECT TON 1. That the Artifacts listed in Exhibit A r lereby donated to Denton County, Texas, subject only to a stipulation that (hey be preserved, displayed, and maintained by this govemmcnial entity for the benefit of the public as a part ofthe County's museum, SECTION 11, That the City of Denton, Texas expressly reserves its right to reclaim ownershir of the Artifacts in the event that Denton County, Texas is unwilling or unable to preserve, d splay, or maintain these Artifacts for the benefit of the public as a part of the County's museum, or in the event that Denton County, Texm shall ever lose ownership, possession or control • of the artifacts, voluntarily or involuntarily, by any attempted gift, assignment, execution, attachment, court decision, seizure, or in any other fashion. SECTION 111. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1998. JACK MILLER, MAYOR 1 Page I of 2 ~ I 10 32X10 r , ~ Q1I i ' All, 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY ;I BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY I BY - c ~ i I I I I I c i f'tly nn.new Qenn.a 440kJnnn ewrry niM ea i I Page 2 of 2 bmwmmmmbw" 25 lo lo i 1~M'.Y,xYn I List of Denton donations 1217198 Old DCHM Donor Access 0 Dosed tlon _ ty of Denton 91.43. _ 1 8ottIe, cylindrical + ty of Denton +91 43.2 Orp spout medicine bottle ty i Denton 91.43. 3 Bottle. thin neck clearglass _ ity of Denton +91.43 4 Bottle, clear glass, lip- chipped. - - - - ty of Denton +91 43.5 ,Warner's Safe Kidney cure, brown bottle itYof Denton +91 43 B - Bottle clear J M. Curtis, Druggist - - ity of Denton 91 43 7 Bottle copper color, seems on sides ity of Denton 91.43. 8 Bottle, green, seams on sides ty of Don ton 91.43. 9 Bottle, clear, made by Forbes Bros ry of Denton '91.41'116 Bottle, clear, thin, Ciroux Mfg. Buffalo ty of Denton 91.43. 11 Bottle, light gri-an, round screw on lid ry of Denton 91.41 12 Bottle, Lucent green, round body tyof Denton 91.43 13 Bottle, lucent green, seams on sides ly of Denton 91.43. 14 Brick small square ry of t`mton 91 A3. 15 Brick, red fragment ty of Lienton 91.43 16 Pope, broken up ry of Denton 91.43. 17 Cap to bottle, flattened _ ty of Denton 91.43. 18 Rusty meal wllh milk-color glass enclosed ty of Denton 91.43, t9a-m Various ceramic fragments, plates,bowls,etc ty of Denton 61 43.20 Axe head, oxidized ly of Denton '91.43.21 Bolt, oxidized ty of Denton 91.43.22158_ Collection of bottles d glass pieces fy of Denton 91 43 59 Chamber pot, blue d while, rusted ty or Denton 91.43 60162 Metal pieces, rusted 1y of Denton 91 81. 1 Bottle, It,green,neck broken,Alliance Mill P.-Library 95 2. 1 1940 Map Denton County, mounted P. Library 95. 2 2 1950 Map Denton County, mounted P. Library 95.28. 1 1921 Daedalian, C.I.A. P. Library 95 28.2 DRC 5.2.1921 CIA Services at M. E. Church P. Library .80.4-3. .1 fan, toitoise shelf 8 black feathers A P. Library •8043. 2 Coal, wedding,black cutaway, vest d pants - D,P, Library 8043 3 Uniform, Tunic, pants & shirt, WWI officer D.P. library 80.43.4 Petlicoat, while cotton, gathered Will P. Library 8043, 5 Glove, ladles Iert while kidskin P. Library 80.43. 8 Glove, ladles right white nylon-like material ) P. Library 80.43.7 Glove, ladles right white, cotton pique A P. Library .80.43. Handkerchief, ladies white wedding - - P, Library 80.43 9a-b Gloves, men's white kidskin D P. Library ,80 43. 101 Gloves, ladles white kidskin - P. Library 80 43, 11 Drawknife, rusted, round handle, blade 10" .P. Library 80.43 12 Ice Tongs Initlalir v.s, on blade , D,P. Library 80 43 13 Pulley, cast iron 9" wheel, hook on to P I P. Library 10 43 14 Iron sed, on t a shield wl"8" Inside m P. Library 80 43 15 Donr , t, silk wire frame, black sal in _ Q 1♦ P, Library 80.43. 16 Mortarboard cap, Black, made Jarrell-Evens tr,~ P. Library 80 ,41 17 Mortarboard cep, black, Era Boswell name lope - P. Libra 80.43, 18 sPl~aquepiaster painted gold, shield wIT.S.C.W. GA ieff .AAii.Page 1 32 ~ p 3hT'.MY List of Denton donations 1217198 Aeaeasp I Donor P, 804319 Certificate of Clearance for Jappreseflog Library le of Clearance for Japanese flog P brary _ 80.4 321 Flag silk Japanese battle flag, red circle P. Library, +80 43 22a-b Carders, wooden hand Improved No 10 Cotton P. Libre 80 43 24 Oap forage naves blue Texe! emblem over visor P, Library_ ;80 43 25 Horn, powder 8" long P. Library 80 43 26 Hat, opera black silk faille 6 112" tall P, library 8043.27 Cap, garrison, wool 1914 olive drab P Ubrary80 43 28a-b Boots lade! soft brown 8" lace up tops - P Library-80.43, 29a-b Boot! lad -es black leather B lace up tops .P. Library 80,43 30a-b Slippers, lad ea while satin, cross strap P. Library 8043 3la-b Shoes, tadies Oxford stack hosts, brown P. Library 864-3-,-3-2 9---b Slippers, lades white leather, french heel .P. Library 60 43 33 Vest, Man's while cotton Pique b broodsloth P. Library_ 34a-b Gloves, ladies white kdskin, flower embr. P. Library 80 43 35a-b Gloves, ladies buff kidskin, brown Irim P. Llbray P .!ii 36a-b aWedding skirt/bodice wh satin, mutton sleeves .P. Library , 80.43. 37a-b Leggings. puttees, olive drab wool YMI army _ .P. Library 11-0143. 38 Medal wlpirdnbbon Denton Lodge AC JW No 143 .P. Library 80 43 39 Medal wlpinlnbbon Denton Lodge AOLAN No 143 ).P. Library 80 43 40 Medal wlpininbbon Denton Lodge AOUW No 143 F. Library 80 43. 41 Medal wlpinlnbbon Donlon Lodge AOUW Mo 143 P. Library BO 43 42 Pin gold color scroll, "Delegate" In black ' so - - P. Library BO 43.43 fin, gold, Travel 8 Trans Bldg, Chicago 1933 D.P. Library 8043 44 Pm heartshope, gold souvenir Stone Mount P. Library 80.43 45 Medal wlpin 8 ribbon Denlo, Lodge AOUW No 143 P, Library 80 43.46 Medal wlpin d ribbon Denton Lodge AOUW No 143 P. Library .80 .43.41 Pillow, kneeling white sa4n, Initial W P, Library $6.4 148 Pillow, kneeling while satin, initial W P. Library $0,43.49 Vesl white cotton JV C Wright In shoulder P, Library 80,43. 50 Vesl white cotton, buttons missing .P. Library BOA3.51 Vesl, black silk narrow lapels, sateen lined cake ).P Library 80 43 52 Box, Individ at wed 19 P. Library '80.43.53 1 individual iiredding cake P. Library O 43, 54-0 Milts, elbow length, while silk, yellow nbbo^ .P. Library 60.43. 55 Bonnet, infant while cotton netting lace ruf. P. Library 80.0. 56 Bonnet, Infant while silk lace ruffle 0 43 57 DO,ptaslic, yellow ha r, black dress/bonnel i a .P. Library '80.4 - P. Library BO 43. 58 [loll, plastic, yellow hair, print dresslbonnei P, Library 80 43 59 Ribbon, Ante Kellum Pioneers of Denton Co. P. Library .86_43 60 R bbon, Texas Div. U C V Oaiias 1906 P. Library 8043, 61 Pin, cempalgn,Robert i Lee,U.C V.-Reunion, 1902 P. Library W,43 6: ?:n. U.C.V. April 22.25, 1902, Ualias, Texas F. Lit ray 80 43 63 Wood, one and tapered one split w/flinl Ir l P. Lib dry 86.43. 84 Prini or U.S Declaratlcn of Independence O 0 P. Library 10 43.65 Wooden brace w/metal reinforcements ogan Post GAR 1905 P. i ibrary 8043.6L Flag, U S. 45 oM A. L- P. Libra 80.43 67 Paperweight, Acme Brick 1963 EXHoT.A. Page 2 32 X 0 a~aos List of Denton donatkwa 12/7198 Old D0111 .P. Libra, .43. 68 Flava,• Pot, brown pottery .P. Library 80.43. 69 4, plastic with Neck hair, man of 1850's P. Library I+80 43_70 ilcher, hinged W, ah rpIst s, Richfield .P. Library 80.43. 71 Pad, tabie,,green braided, ckcular .P. Library -~.43.72 Ped, varlgeted rose d pink with groan braid P. Library +110.43. ?3a-b- Oath U.S. Gov1.1887, for Wm J. Burks .N. Library i60 43 74 Cookl _ round day, Caddo Indians P. Library !80,43. 75:Hom, Powder, 8112' x 3112' P. LibraBO.43. 76a•b :Iron, Fluting 2 place, W. 1366 P. L bra / 80.43.77 jSpNe, Railroad, painted silver _ P. Library_ 80 41. 78a•b IEyeglsssea 8 case, sing !o vision flat iene_ P. Library 80,4'3, 793-b E sylasses 8 care, stool rim, flat tans _P Libre ry80.43. 80a-b EE 9;i1sorn 6 case, stool rim, flat Ions_ P. Librar_ y u 80 43.81Sullonhook, stool wAvory he :a P. Library _ 80, 3482 Omament, hak, bakellte tortoise shell .P. Library - '80.43.83 {Plate, aowenir, Preskfen- Plale 1964_ .P. Libmry_t80.43.84 Plate, Little White House,Warm Spri sng Ga .P. Libray80,43.85 }Shuttle, letting, N2y 3114 x 1 P. LlDrary 80.43 86 _ 'Fork, dinner, C.IA. Cafeteria _ P. Library X80,43.87 _Spw, t asppooh, Reed d Barton, CIA. cafe. P_Llbrary 80.43.88 {Goblet, Overolate, Initials L.C.E. _.P Lbbrery 80.43.89 fen, white ivory, oilk d lecoi, pm P. Libraq 80.43.90 Flag, U.S., 48 stan_ P. Library +80.43.91 jFlag, Confederore_eild staff P. Lity_+ 43. Pennant, Green, North Term Siala ra Lib7 80.43.93 'Aap, Denton Co. about 1938, xerox ropy - P. - - - P. LIB 80.43 .94 Commisslnn Wm. M. Woods from Sam Houston 1880 a mjw. A~.... PaQe 3 w . y f 32 IL I R-1 I i O { .w-.,rw-. ..r -r.a .w.... .:,,.~...,..,...:.,::oro«„....-».,.re•;~. m+w-..r„=.., r Agenda fle~mq_ _ U! AGENDA INFORMATION SHEET j AGENDA DATE: December 10, 1998 DEPARTMENT: City Manager's Office CM: Mike Jez, City Manager SUBJECT i' Consider nominations and appointments to the City's Boards and Commissions. BACKGROUND The following is a list of current Boardi`Commission vacancies/nominations Jonathan Williams is no longer n the Keep Denton Beautiful Board. This is a nomination for Council Member Young. If you require any further information, please let me know. ;es ctfully submitted: er Walte ccretary M { ~ i i I 1 ~ d i .R; f: 1 ~,32'XI a x 1 0 memo P1 u.tw t w-_, eNie: •i'. .!i.: N:1net4'li vM .9T:fi":,."i. Nte..:P.'41 . .'.,Y,.,., 4perda Item _ #f/~/, AGENDA INFORMATION SHEET AGENDA DATE-. December 15, 1998 DEPARTMENT: Fiscal hianagement and Municipal Services ACM: Kathy DuBose-6- SUBJECT RECEIVE A REPORT R.:OARDINO THE FISCAL YEAR 1997.1998 ANNUAL INVESTMENT PROGRAM. BACKGROUND The City Investment Policy (408:04) states that the Director of Fiscal Operations shall 1 present a comprehensive annual report to the City Council on the investment program and investment activity. The annual report shall provide a separate quarterly comparison of returns and suggestions for improvements that might be made in the investment program. PRIOR ACTIONIREVIEW The Annual Investment Report was presented to the Investment Committee on Friday, October 23, 1998. All committee members voted for approval and recommended the I report be submitted to the City Council for review (5.0). FISCAL INFORMATION i There is no fiscal impact to the City. Respectfully submitted: Of Diana Ortiz Director, Fiscal Operations I l 10 • o t Q AMMIR A,crJd I1Pn1 AGENDA INFORMATION SHEET AUFNDA DATE: December 15, 1998 DEPARTMENT: Fiscal Management and Municipal Services ACM; Kathy DuBose, Assistant City Manager SUBJECT Receive a report and give staff direction regarding Robson Communities development issues. BACKGROUND Robson Communities is considering developing a reaon community to be located west of 1.35W, south of FM 2449, and north of Crawford Road (Exhibit A). Robson currendy has approximately 2,500 acres under contract for the project. Staff began meeting with Robson rcprescntatiNcs in December 1997. Several issues complicate the development of the project: ✓ Water and sewer service is not available, and the cost to extend mater/sewer lines is several million dollars, ✓ Approximately, two-thirds of the property, is located in Denton's ETJ, and the remaining one-third is in the City of NorthlAc's FT1. Robson would prefer to have all of the property in Denton's 1: TJ and subsequently annexed into the City of i Denton. ✓ Because Robson wants to promote the same "resort" image of their existing projects, they are asking for certain variances that have not previously been considered by staff or prior Councils. Staff recently received r letter from Steve Soriano, Vice President of Acquisitions and Development at Robson Communities (Exhibit B), outlining five points which Robson helieves need to be resolved before they can move forward with the project. The . ! following are staff's responses, of tions. and recommendations on each point: 0 • I, Robson's engineers have concluded that the development should utilize on-site ~.J water and sewer utilities, privately owned and paid for by Robson. Robson currently- owns tend operates water and sewer utilities in Arizona and state they I l , s sn,erurxrru~n~c.inn+enr•a~.~rs~~y.~a,e, i I ROM r.^ 25 is 32XIO 1r SIMI& o rral0aw I , I will comply with Texas laws on service levels, environmental Impacts, rate calculations and operational restrictions. They have Indicated that they have an excellent track record in this area and ask that the City of Denton give them permission to operate a private utility. Since they propose to own their waterlwastewater utility, they are asking that impact fees be waived, as the development would have no Impact on City facilities, In addition, during our November 23 and 24 meetings with Mr. Soriano, he questioned whether or not the City of Denton'a Wastewater Certificate of Convenience and Necessity (CCN) covered the entire Robson track Staff briefed the Public Utilities Board on Robson's request for a separate water and wastewater system at their December 1, 1998, meeting. As was relayed to the PUB, Robson has provided no engineering data to support their request. They promised to provide this analysis of water issues months ago, and now they are saying that the report will be ready in a month's time. Until this report is received end analyzed, it is premature to approve any water or wastewater plan. Ilowever, the fundamental issue i as to whether the water system should be private or public can be addressed in I generalities, The briefing materials given to the PUB are included as Exhibit C. Upon review of these materials, the PUB made the following recommendations • Robson's request for a separate water and wastewater system should be denied, and Robson should work with staff to find a satisfactory solution for providing waster and wastewater service, • The PUB endorses the philosophy that development along the 1.35W corridor be serviced by Denton water and Aastcwater utilities because of the importance of economic development in that area. 'this philosophy implies that the City should consider ways to help participate in the cost of utility infrastructure installation in important corridors. 1 • 1 he City should expedite the construction of the already planned water line extension along lh%), 317 in the year 2001 in ordte to connect the dills of Argyle subdivision to the Denton system and eliminate the reliance on the Upper Trinity Regional Watcr District for water to this area. the rationale behind these recommendations includes the following factors: S • Robson has not considered and explored with staff all of the avenues for reducing the cost of installing standard utility facilities. These avenues include a participation with other devclopcrs in the area that have a similar timeframc to Robson's, use of the City's oversizing participation policy, and use of prorata ~9 agreements in which Robson could recover their costs. 2 I RI*~T 16A~'n [M,Nl,md, Ys I VI pU I,' MV [AN%( [IN P I ~5, Ica 32x1❑ jn~ 11" le. y - r urw" 0 n • Robson has stated that a primary motive for wanting a separate system is to prevent paying impact fees. Does the City want to give a marketing edge to one developer over others by eliminating the responsibility to pay, impact fees for the one? • Does the City Council want to create a situation where Denton residents pay different water rates because they are supplied by different water providers? the policy of the City and the TNRCC has been to try to move towards reliance on surface water like what Denton has and move away from groundwater, which is being depicted rapidly and is of questionable quality. The policy has also been to encourage regionalization of water and wastewater service and not to create unnecessary new suppliers. Robson's request is basically a request to build a new town of 10.000 people who will rely on groundwater as their water supply source. • Relinquishment of Denton's CC'N in this case could very well lead to a proliferation of other municipal utility districts (h1UD's) or private utilities along the City's southern boundary as other developers emulate Robson's attempt to not pay City impact fees. • If for sonic reason the Robson utility company runs into difficulty, such as non- compliance with permit requirements or depletion of groundwater, the City becomes the logical entity to receive the problem from the 7NRCC, fimilarly to the City's experience with Vacation Village, Does the City wish to risk ,his occurrence or prevent it in the first place by supplying the service? For all of these reasons, staff and the PUB concur that the water and wastewater service to Robson should be provided by the City. The options for providing this service include I • Connection to Denton's lines • Denton service through water supplied by the UCRWD, similar to how the hills of Argyle is currently being handled • Service through a system of municipally owned ground water wells and a wastewater treatment plant that Robson would build and dedicate to the City. If Robson builds a wnstewnler treatment plant and dedicates it to the City, impact fees would be waived. If Robson drills water wells, impact fees would be waived until such time they connect to the Denton surface water system. Staff is doubtful that there is sufficient ground water supply to sustain the development over a r p.olonged period of time, [fence, Robson would need to connect to a surface water ~ system. 2. 1 he proposed lrojecl will be a secured gated neighborhood, geared towards the senior retiree. Access Into the community for non-residents would be monitored for safety of residents and visitors. 3 , uiaunmrunarc n.n, r.~,.rlca.~n.i~~rma, a, i aye ri '~s'~ ± + 25 x I l J 3 52 x I -.4 41 t i i NNN i i ' ✓ Residents and emergency vehicles can access from any perimeter gale with prodded clickers. ✓ Non-resident golfers, guests, restaurant patrons, or general public must use the main gate, where attendants will provide directions and information. ✓ the main gale would close at 10:00 p.m. and access would be available only to residents, Invited guests and emergency vehicles. fie, Regarding emergency access for the Robson Development, the Fire Department would treat this development as any gated community. We require an emergency device called "opticom" which is similar to the devices at traffic lights. All of our units have a strobe light that will cause the opticom to open the gate or change the signal, This is a common requirement that Nye u~: for all gated communities. The distance from the nearest Denton Fire Station (Station H3) to FM 2449 and 1-35W is 4.2 miles, and the distance to Crawford Road and 1.35W is 7.2 miles. Using a nationally recognized formula (travel time in minutes = 0.65 + 1,1x distance) to find estimated emergency travel times for fire apparatus, the following travel times for the first Denton Fire Department fire engine are; • 7.79 minutes travel time to FM 2449 and 35W • 12,89 minutes travel time to Crawford Road and 35W The Denton Fire Department's travel time eoaj to any emergency is five (5) minutes or less for the first in unit. As you can see, travel time estimates are substantially above five minutes. In addition, the Fire Department tries to have its initial response of all Fire Department units (re: a fire - 3 fire engines, l battalion chief, l truck and I ambul nice) to the scene within 10 minutes for structure fees. I his would be virtually impossible with the long distances from our fire stations to this area, I herefore, the Fire Department's recommendation would be a rite station providing a travel time of less than five minutes, or within 15 miles of the development. Putting a new fire station along FN12449 Mould provide excellent emergency response into any development along the I.35W corridor, as well as to the Airport industrial area. Estimated costs for a new fire station are; • Construction cost $1,216,000 O • Personnel costs (3-person engine company) 875,000 O • • Fire engine kk equipment 386,000 Total casts (one•t~me' S1,602,000 (on-gwrlg) 875,000 4 s.s ll!.RfU lll. FrM0C'J I'AA KLw PA ON, De 14 AMA, Mr 10 3 2x13 e 0 _ Vow ^ Police. Based upon historical calls-for-service data related to Police .;spouse times, the following projection related to the Robson development can be assumed: Priority 1 call 12.38 minutes Priority 2 call 16.44 minutes These projections are based upon actual response times in grid areas similar in distances from the central area of the City. Parks. Should the Robson development include publicly dedicated parks and recreation facilities within the perimeter fence and gate, a 10 p.m. closing time would be acceptable. Standard park hours are from 6 am. .o 11 pm., but an earlier closing time may be established by ordinance. The public must be allowed unrestricted access to any publicly dedicated park or facility during normal operating hours. ✓ Robson has asked that the City maintain the roads in the community and state that the homeo%ners' association will maintain the landscaping and l decorative hard-scope street enhancements and bear the related costs. Robson intends to be a gated community, and wants the City to maintain the interior roads(Crassford and Florence Roads are addressed separately). It is unclear if Robson intends to dedicate the interior roads to the city, or if the roads arc to remain privately owned by the homeowners' association. If the roads are to be publicly dedicated and built to City standards, the City would maintain them; li however, it is difficult to envision gated public streets that grant access only to specific individuals. Stall would oppose such a scenario. if the roads remain private with gated access restrictions, the City would not br. ;nvohed in street maintenance responsibilities. ✓ Robson amenities are sited for full build-out. Therefore, they allow and encourage public use of the golf course and restaurants both as a sales tool and as a revenue source during build-out. Build-out Is estimated of 20 to 30 • years. We must still determine what happens at build out? Will the public still be allowed to use facilities? If %ve allow Robson credit for park dedication and park development fee!, the public would still need access even alter build-out. i 3. Robson m ants to discuss any general moratorlums that might be Imposed by the • CYty and how they might affect the development. In addition, Robson asks that 0 • set developmenl fees become a part of a development agreement between Robson and the rity of Denton. Robson suggests that the agreement set appropriate, pre-existing, agreed-to, fees and provide allowances for perindle S i r W ~r r t f ~ K T ~5 i❑ 32XIO x- Now A ' 0 d increases for Inflation, etc. New, unbudgeted, fees imposed down the road are a major problem for Robson. General moratoriums that may be imposed by the City will likely affect Robson, if applicable, If school impacts are a •.nmary motivation for development restrictions, City Council could conceivably consider granting relief to Robson because of its unique population characteristics, Staff is not yet certain if Council is prepared to direct staff to consider the preparation of a moratorium ordinance, or the rationale that would be used to justify such a measure. A guarantee that Robson could be named specifically as Immune to potential development moratoriums is not considered feasible by staff due to potential claims of discrimination. The Legal Department should be consulted if further discussion regarding this issue is warranted. City Council is currently engaged in the development of a comprehensive plan, and the fiscal impact of new development is an issue of major concern. It is di(licult to envision a guaranteed "fee ceiling" when Council continues to discuss Hater and wastewater impact fees for distribution and collection costs, drainage impact fees, and transportation impact fees. In addition, the development review and buildinT permit fee schedules are subject to change given the possibility of new procedures that may be instituted to implement the comprehensive plan, The Planning and Ikve!opment Department would not recommend such commitments given the fact that the zoning and subdivision regulations may experience significant changes. ` Impact fees are set at the time of platting, and so once Robson plats a portion oftheir property the impact fees for that portion will be set and will not change (even if the impact fee amount changes over time). Impact fees will vary over time, as the State requires cities to re-examine the fee amount at least every three )cars or more often if nc%rssary, The only way that the impact fee amount for a platted section of Robson would change is if they decide to replat the land and the impact fee amount in effect at the time of replatting had changed from the original amount. Developments as large as Robson plat only portions of their property at a time, meaning that the amount of impact fM charged for parcels could change over time. Guaranteeing otherwise is not possible. Cnder the current park Dedication Ordinance, the City Council way, from time to time, adjust the lark Development fees (those fees applied to a building permit) to retlect the rising costs of park development, of course, any adjustment to the fee wouhi appl% only to subsequent buildings; they would not be applied retroactively. Whether it could he possible for the City Council to set a cap or upper limit on future fee increases is prubabl) a question for the City Attorney. llowever, the Director of Parks has indicated he would be willing to consider contract language which would set firth prc-determined fee adjustments. ~ 9 0 4. Robson Is w orking witb the City or Northlake to sohe the ETJ problem. Mr, Soriano indicates that Norlblake will consider relinquishing its FTJ In return for a temporary wafer and sewer stub across Crawford Road for a potential 6 r NIMIll IMIrIIN%)CIhn4A.+.,Ilkvmartl\ymdido 32XI~ 1 I 9 saw= O ' i I shopping center site. Robson requests City of Denton staff's assistance in ~ making sure the transfer gets documented correctly. They have asked for it detailed outline of the process for Northlake (including anything Denton would need to do) to relinquish the Northlake ETJ. In addition, they have asked for a timeline for the process and for subsequent annexation into the City of Denton. Denton staff was aware that Northlake wanted to essentially swap ETJ jurisdicilon for water and wastewater service, and so staff recommended that Robson work as an intermediary trying to assist the entry of Northlake into the UTRWD, The U1'RW'D would supply water to Northlake on a wholesale basis. Historically. Northlake has not desired to be a member of the UTR%'D. Northlake is aware of the UTRW'D's plan to bring water to the intersection of Crawford Road and 1-35W. 'fo date, Northlake has not expressed interest in running a line to this location and becoming a part of the U fRWD although they have attended meetings about this project. If Denton operates the water system for the Robson property, there are two mechanisms for supplying water to Northlake so that the ETJ issue can be resolved, a Northlake could join UTRWD and receive water from UTRWD by connection to a water line at the intersection of 1.35W and Crawford Road (the locac;on of a pruposed U I RW'D line). Wastewater service to Northlake would be provided by contract through UTRWD with Abe City of Denton, as is done for the City of Argylc and the City of Corinth. a The second option would be for Denton to sell water on a retail basis to the Town of Northlake property owners along Crawford Road. This option would require i Northlake and Denton amend their CCN's. Staff would prefer the first option but is open to the second. 5. Robson asks that the annexation boundaries be set at the perimeter of the project, not Including the perimeter roads. Robson is tnorking a ith Denton County regarding the Cour.tv's participation in Improving Crawford and Florence Roads, Therefore, they request that those roads not be annexed into the City and remain County roads. Iwo scenarios regarding improvements to Crawford and Florence Roads have been dcvclopcd by staff: I Scenario #1! The City of Dent( i could annex Crawford and Florence Roads, Robson would then improve the roads to meet City standards, and Crawford and Florence would be dedicated to the City of Denton for future maintenance, Staff estimates that an ultimate 4-lane divided roadway would be likely once build out is accomplished, 9 • Scenario #2: Crawford aiJ Florence Roads would remain County roads. Tbt County,'I'own of Northlake, or Robson, (or a partnership of the three) would then 7 F W4RFDIN ltMI%( J.I%D4 Rikam R,lne rw N 49"h 6e 10 321[1 ,ti i 0 O j improve and provide long-tern maintenance. Representatives from the County, Town of Northlake, City of Denton and Robson met recently to discuss II improvements to thes_ two roads. The County has indicated they would consider providing the necessary improvements for Crawford and Florence Roads if they, remain County roads. i Staff prefers Scenario N2. Crawford and Florence will never be major City of Denton thoroughfares, and are likely to define interlocal boundaries between the City and the Town of Northlake. During the Nov embtt 23 and 24 meetings with Mr. Soriano, several other questions arose regarding tite project. r Denton Municipal Flectric (DJ1F.) is certified to serve only a portion of the Robson tract. Co-Serve Is currently certified to serve the entire project. Is it possible that Co-Serve would relinquish their certification? If so, would DME be willing to participate In the development and/or offer any Incentives? We do not believe that Co-Serve will consi Jer relinquishing any of their ccnified area. Co-Serve is aggressively attempting to expand their current service area, In I addition, they are offering very substantial incentives for new customers, incentives with which DMF cannot be cot ipetitive. Oven the present political sensitivity surrounding the issue of electric service area certification in Texas, DMF does not believe it would be advisable to a tempt to have our certification changed. Staff recommends that DIE: does not serve the Robson community. Y Would the City of Denton Solid Waste Department provide solid waste service? Does the distance to the development cause any problems in delivering service? The City of Denton Solid Waste Department sen ices all customers within the city limits. if the Robson development is annexed into the city, vve will provide solid waste service at the same rate as other City of Denton customers. Any costs incurred dre to the distance to the community would be absorbed by the department, A r Could Robson build park Improvements and receive credit rather than pay development fees with the Parks Department building the Improvements? In accordance with the attached administrative guAclines dated 2/24/98 (Exhibit D), Robson may propose to build and dedicate recreation frcilities for general public use, I he Parks and Recreation Director may grant such a request, as long as the value of the privately constructed improvements is equal to or greater than the required 0 devclopment fees. L I A 111,J) SCIIEDULG OF PROJECT 8 i 32 x r i W.. Staff is concerned that Robson representatives are asking for closure on project details that should be evaluated in proper sequence by the City of Denton. Solutions to all of the issues identified by Robson may not be available simultaneously. Staff suggests that an evaluation sequence be followed, i 1. PROVISION OF WATER AND WASTEWATER UTILITIES Until questions regarding the water and wastewater utilities are answered, the most significant Robson project cost issues will remain unresolved. CCN issues appear to complicate the situation. It makes little sense to engage in the preparation of an annexation service plan if an agreement regarding utilities cannot be reached. 2. ANNEXATION SERVICE PLAN / DE.NTON•NORTHLAKE INTERLOCAL AGREEMENT A comprehensive evaluation of all service impacts should 1,e prepared to allow City Council an opportunity to determine if the Robson property should be annexed. The site's size and remote location will require extensive analysis. At the same time, form,il contact should bt established between the City, of Denton and the Town of Northlake. Staff assumes that the Town of Northlake will require some project and City service assurances prior to re inquishing its ET) authority for the southern portion of the site. Staff suggests hat Council would want to have full knowledge of all annexation impacts before enterung into an in+erlocal agreement with the town. 3. PLANNED DEVELOPMENT ZONING APPLICATION REVIEW Robson has consistently indicated to staff that the entire site must be included in a PD Concept Plan brought to Council for approval. The PD approach appears to be preferred by Robson because it allows consideration of variances, it establishes zoning in the long term, and it allows the flexibility to reflect changing market conditions as detailed plan are submitted in phases. L, rder to do this, the entire site must b! annexed, and the metes and bounds of the site must be included in the PL) applict tion. Under the, a circumstances, staff cannot formally accept a Robson PD applicrtion until the City of Denton obtains the authority to annex the entire property. Staff has indicated to Robson representatives that informal reviel will be conducted as requested when draft application materials are submitted. We cannot, however, respond to requests to set tentative P&Z. and City Council review dates nt the current time. i JV 9 V Mur n14rr V%Wl. I%PA 14.." r, Awd. im r Y r r} ♦ 0 QI Y , PRIOR ACTION/REVIEW Staff has briefd Council on the status of this project on several occasions. EXHIBITS Rxhibit A Site Map Exhibit B Letter from Robson Communities Evhlbit C Public Utilities Board Agenda Information Sheet (December 7, 1998) Exhibit D Park Dedication Requirements Administrative Guidelines , Respectfully submitted: Kithy U s Assistant City Manager Fisc.a Management and Municipal Services i Prepared by: Linda Ratliff, Directo/'_V Economic Ikvclopmcnt i j E 10 r m~~rnurrrn~s~rai~ne~A»ma:n.Mn.i~~~,a. I 32 X L /r e 0 I EXHIBIT All Proposed Robson Communities Site FM 2449 a s I~ i Denton ETJ f .y. I o ~ • Proposed Robson Camrvty Proposed tRobson Addition Unit Ded %-O W, on I; Ddon E- J S i - - - 75 1a 32x M o EXHIBIT °B" Building Resort 1lfesO,1eVnrActiveA&dtr Nio en \I Son mo lice I'roidenl lcqu is I lion, 411,100 lopnu'm NvS J?14 002) OcOcr 19, 1998 Dir. Duke Jee City Manager City of Denton 215 E. McKinney Denton, IS 75201 Dear Dtike. Robson Cummunities is %cry excited about our propused Resort Community to be located in Denton, along IM We hase researched different locations in Florida and Texas for several )curs, looking for the hest location, and uve are confident that Denton offers the right blend of activities, lifestyle and sense of cummunity that today's active senior is looking for and vould like to live in Robson Communities research indicates that Denton has the import, nt components to make it the destination resort area that will appeal to retirees fro n .cross the Dictroplex. I exam. and the surrounding states. We have been +sorking with City of Denton statf for nearly a year answering questions about planning, zoning, water & seuver service, and learning about everything that 'A Dentotu has to offer as a community. We develop in different parts of the US, and %ve have only positive things to say about the professionalism of Denton employees. Their experience and willingness to work uvith us on our due diligence is making our feasibility study go mo,e quickly, and allows us to he more thorough In our analysis of the site. I feel that there has been a partnering of efforts M"ccn our engineering and development staff', and their counterparts at the City. We greatly appreciate the efforts extended, As ue close in on the Development Plan for the Crawford Road site, we need to discuss e the agreement between the City of Denton and Robson Communities regarding the resort O community development project. We have outlined below %hat we feel are five points on > ushich wr should come to an understanding before Robson moves forward to the next stage un their development plans. 9533 East Riggs P.M. Sun Laken, Arttort1 65 2 167411 ^ Ttlephotw 6024934200 ^ Fax, 602495•SW SuN LAXIS - Sop,&Ko - Pt ILICA11K ^ SAOOLIBROOR! 32 X 0 , Ntc Mike Jet Novembe: 20, 1998 Page 2 I. I lie engineers have concluded that the u, .-Iopment should utilise on-site water and scwer utilities, privately owned and paid for by Robson. • We will continue our engineering on the water and sewer solutions Ibr the site, • A private water company requires City cooperation. 9 fechnologically speaking, on site scwer is do-able, and will provide ellluent tiff landscape and golfcourse irrigation. • Impact fees on City eater and sc~ser should be ree aluated in light of the elimination of impacts. • Texas has laws on service levels, environmental impacts, rat. -alculations and operational restrictions that Robson will follow, Robson operates private water and sewer companies in other projects, and has a 25+ year operating history with an excellent track record. • Robson has about 12,000 water and 10,000 sewer hook-ups. • Sun Lakes Waste Water Treatment Plant won Treatment Plant of the Year, and our plant operator won Plant Operator of the Year from the Arizona Water Pollution Control Association for 1997 and 1998 respectively, 2, Community will be a secure gated neighborhood, geared towards the senior retiree Access into the community for non-residents will be monitored for the safety of residents and visitors Attendants will provide directions and information for visitors and non-residents touring, or making use of use the facilities for public functions, After hours, say I Opm, the main gate will be fur residents or their guests only. • Residents and emergency vehicles can access from any perimeter gate with provided clickers. • Non-residents must use main gate that will be monitored. • Alter l0pm, main gate will go into secure mode and will only be accessible by residents, and invited guests. • Non-resident golfers, guests, restaurant patrons, or attendees of public events at the clubhouses must use the main gates. • Our amenities are sized for full build-out. 'therefore, we allow and encourage public use of the golf course and restaurants both as a sales tool and as a revenue source during our build out, Build out is estimated at 20 to 30 years. t1 • Residents will pay full-rate city taxes. The City will maintain the roads in the community. The homeowners' association will maintain the landscaping and decorative hard-scape street enhancements and beat the related casts. 3. We would like the maturity of the development agreement to reflect the projected { length of the absorption plus a little grace period. i • At 300 units per year, this is a 24 year project. s At 200 units per year, this is a 35 year project. O • We will have invested over $50,000,000 in the start-up of this resort community, K more than half of which will be incurred before we close our first'touse 1 i 13 i` s ar..ra 0 . 14MWAS I I ' \1r, htikelez ~ „ Nuvember 20, 1998 Page • We need to discuss in advance any g..teral moratoriums that might be imposed by the City and how they might affect our production during the selling period. " • We understand that the City has budgetary considerations, and that they need to collect fees for the senices they provide. We have the same constraints on our side. City tees could be a part cf the development agreement and we should pay our share. our amenities are bused on a pro-forma budget of all revenues and costs. New, unbudgeted, fees imposed down the road are a major problem both in preparing budgets, and obtaining financing. Pre-existing, agreed to, fees are appropriate, and allowances can be made for periodic increases for inflation, etc. 4. We appreciate Denton's help in working ET1 out with Nonhlake and Denton County. • Nonhlake has been cooperative in discussions about releasing their ETJ on the ; southwestern portion of the property. We need Denton's help in making sure it gets documented correctly. • Nonhlake has requested a temporary water and sewer stub ocr,-4 Crawford Vood 1 for a potential shopping center site. This temporary stub would be at Rob,- n's ex~ Anse, and will be disconnected upon the arrival of Nonhlake water and sewer service to the site. • Nonhlake is working with Denton County to improve portions of roads in Norhlake, and along Crawford Road. S, Annexation boundaries need to be up to the perimeter of our project, not incluuing the perimeter roads. The ownership of the perimeter roads is an important Issue. The boundaries of any annexation need to be carefully managed, as they may affect Denton County's ability to address improvements, or road maintenance important to Nurihlake. 'these five issues are dear to us. We ask that the City consider them, and work with us documenting our mutual understanding, Of course, we will go through the annexation and Planned Development Zoning process as outlined for developments of this type, Ed Robson is concerned about risking a substantial amount of due diligence and engineering dollars without first considering the items listed above. i 1 look forward to working with you on these, and the other Issues which come up, and t then celebrating with you and the rest of the City when the Resort opens to the public, i 1 Sjp[f~ly, t~ ti I , Steven M, Soriano f 4 I k Q 32 x I ❑ N 0 5 . g ( 5 r" Agenda f Land Plan and Layout • Water and Sewer Systems • Gated Community . Dev6opme't Timing Northlake ET) • Annexation and Boundarles r { [ r. f 1s 2fc)x d 32' ID Y A ' 0 NIPMOM EXHIBIT "C" 'l PUBLIC UTIi,1 TIES BOARD AGENDA INFORMATION SIIEF:T AGENDA DATE: December 7, 1995 I DEPARTMENT: Utilities Administration ' ALAI: Ilosrarel1lartin,349-8232 SUBJECT: RECEIVE A STAFF BRIEFING ON THE WATER AND WAS1LWATER SERVICE PLANS FOR THE PROPOSED ROBSON DEVELOPMENT IN SOUTHWEST DENTON AND PROVIDE INPUT TO STAFF ON VARIOUS POLICY QUESTIONS. R pAC'KGROUNU: The Robson dereloprncW is a large 2000.3000 acre retirement community being proposed for construction in the soullmestern comer of Denton north of Cr:mford Road tcest of 135%x. The community troul3 have some 0(00 homes with a total popt1106011 of approximately 10,000 people and three 18•holc golf courses. The site is currently in the ET) of both Denton and Northlakc although the derclopcr desires that Northlakc relinquish its ETJ to Dcnton in exchange for temporary taater and ttastettater service to a proposed small commercial derclopmcnt in Northlakc along C'ra+t ford Ruad. The dercloper has also stated their desire to be annexed into the city limits of Dcnton. F-0111hil I shorts a maP of the %i611 t) around the Robson tract and some of the possible routes I fur ttatcr and tsaslettalcr lines to sore the detclopntent. the closest tsatcr lines are %c%cral miles attuy either along 135tr or 371 north of Ilickory Creek, The closest trastcaater line is the interccpterin Hickory Ureek { Robson has ctplured setcral options For obtaining, %kocr and txastc+catcr service, 'Ihcsc options l ino;udc', wn'rr:It; it Conncction to Dcuton's lines. i Donlon scrt ice through haler supplied by ilne I I I RWD similarly 10 bow dne Ililts (ifArg)IL suhdiiikion is ctirrewly being handled Selling up their ue n municipal utility district or pris ate traler company using ground ttatcr as their ttatcr source. 0 Same os the ahotc for a ML 1) only buying ttatcr from UTRIYD, 1 16 2 .5 xI~Q 32X 0 0 0 WASTEWATER: Connection to Denton's lines. t , Construction of a small treatment plant on their property that would be owned and operated by Denton. Construction of a treatment plant owned and operated by their MUD that could cithcrjust scne their development or take wastewater from other developments in Denton and Argyle through lines owned by the UTRwD, Robson has not yet shared their cngincenng report outlining these options and their costs, but they have promised to make that report available in one month's time. In the meantime, Robson j has sent a letter to Denton requesting that Robson he allowed to have their own utility company J and not be a par' of the Denton water system. This arrangement would require Denton to I relinquish its CCN for the Robson tract. A copy of this letter is attached as Exhibit 2. The rational for making this request is that Robson does not want to pay Denton's impact fees and believes that the cost of connecting to the Dcnton system is too expensive. Denton staff has estimated the cost of connecting to the city water and wastewater lines to be in order of S5,000,000, The costs of the other options are unknown at this time. In addition, other means for reducing costs to Robson of connecting to the Denton system exist but have not been explored yct. Staff will be briefing the City Coiincil on December I S'h about our recommendations concerning Rohson's request. Although making a decision about water and sewer service at this time seems i premature given that all of the options have not been fully explored, Robson's request raises several policy issues given that agreeing io this request would be contrary to current City of Dcnton policies. Issues include Should the City support a plan that creates the sitnalion where Dcnton residents would be paying different water and wastewater rases depending upon where they live and who is providing w. to scnicr^ Should the City support a plan drat giNcs 6nc dc%cloper an advanlage over others in that Robson would not be paying impact foes Mlereas other developers in the City would be paying the fces? 4 i Would this cre:dc a president ror other developers lo request erasing their own INIVIVs" 0 I i 17 r 2 5 10 32' ~ Ali a ^tt O r { 1 ' rr r cy 1. { 4 { 1. l OPTOINS: OPtions for the PU[3 include: I , 1 Send a recommendation to the City Council that Robson's request . denied for a separate system be Scnd a recommendation to the Council that Robson's request be approved, Request that the Council not conmtlt one way or the other until the engineering reports have been received end reviewed by staff. Make no comment at this time. RECO~IIIFNDATIOS'c• Recommend to the council that Robson's request be denied and encourage Robson to work with staff to find a satisfactory solulhon for providing uatcr and wastewater scnice. `i Respectfully submitted: ,l liltJordan---- Director Water Utilities > i [Ixhibit I: [ N'llion Map f fAhibit II: Octh,hcr 19, 1998 letter from Robson Comrnunrty i 1 O, +A ir , x. i r 18 ~ r z 5T, x 32X ~ 1 I I ,r r V. , 5 r ■ J 111,1 ~ I i~ r 1 1 t .v. .}Mf? AvaSnO... {yIMYJ:MlYN 1Y n. rI ~ r i~ i v a 1 ti ro ~ ~R r y i t i s k+ +ro Y I~ r,,~ r l r l v 1 + 7Y r~ti rR I r @a 6 `Y a r ~ k tl,~? I ell Yr',. v r,A i r r ~ I+ x 1 ~ +r~~i~ r I per ,rl, n' ab. ri Y 5~'y 7 ~`1 "r I Y JJ I +'.1~ ~r I ro+¢I +51 r. l r ~4 ~ ;~,I, r ,,r , 1, 1 r a. f S 1 r ~R t ti r r 'S { 1 ~ f r ,'1 ' + ~hr ~Irx F(a'11 ~ t! ~~i~ IM Y, I~. , 4 r Y I rI Y,'! 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Mya DrvrabprtMntt a d Proposed r«,/ InhMrucfixl lmproWmenb M @ t brrolq Raw egAMlll Ik110A of DMton'r CCN , ~aWwtiw l1tMIBIT! ` +/drrddrrpIle? 'NirlrtivtrrErilnfedp ^ d, i'. P' 25x ~Q 32x10 26x!0 • 0 q PwOnjResortCifisp'leV/ MrrNeAdult, S10,I1 N1 Sol vw .,c Prcad!'nl 1,.1 u,d1011k end Oo,lonmenl I/~l~her 19. 1998 `1r. Mike Der. City %lanager City of Fenton 215 t!. AfcRinne) Denton. IS 76201 Dear \like Robson Communitics is 1 cry excited about our proposed Resort Community to be located in Wilton. along 35\\'. We hase rc,varOcd different locations in Florida and 1'exas for scleral }ears, looking fin the best locution, and Ice ore confident that Denton offers the f right blend of actisitics. lif'es0c and sense of community that today's actise senior is 11 looking tior and could like to Disc in. Robson Communities research indicates that Denton has the important componcnis to rA ' 'he destlnotion resort area that mill appeal to rcli~e:s Isom neross the Aletroplcs. I exas. and the surrounding states. I 1Ce hai t: peen marking with City of Dentin stall' t'or nearly a )cur answering questions uhuut pl;mning, Boning, lsater h seller scrllce. and learning about cwe thing tliat D;mton 11as to offer as a community. We dcvclop in different pans of the l)5, :nd 1sc ll.llc only positi%e things to say ;:bout the prot'essionulism of [enwn employees. Ii 'ir I cxpcrimnce and willingness lu murk with us on our due diligence is making our feaslbilitN O study go more quickly, and allows us to h more thorough in our analysis of the site. I'M that there has been a partnering of efforts Me scvn our engineering and decelopntent taf f. and their counterparts at the City We greatly appreciate the efforts extended. \s 1tic close in tin the Iesclopntent flan for the Crawford Road site, we need to discw < the aereemcrlt f ctwecn the City of 1)"nlon and Robson Communities regarding the resort O vrmnlunity etccelopmcrtt project. We outlined below what Ice feel are Dine points on lshich we should come w on understanding before Robson muses forward to the next O rage on their del elopmeni plans. I 9532 East Riggs Road, Sun Likes, Aftw 68 2 4 61411 ' Telephoner 602-895.9200 ' Pw 602.895-5455 SUN LARC! ' SUNBIRD ~ P911DUCRY6R' SADDLIBROOF0 20 EXHIBIT 11 10 32XID 0 !CPIL7ta Y '.i %I r. \Ids JCL N0ceinhcr20, ly9S Pace 2 I. the srgineers have concluded that the decel .pment should utilize on-site cater and sewer wili:ies, privately owned and paid for by Robson 0 We wi I continue our engineering on the naterund sewer solutions for the site, A private wutcr company requires City cooperation. • 1'echnolugically speaking, tin site se•,ver is du-able. and will provide effluent for landscape and golf course irrigation. • Impact fees on City water and sewer should be reevaluated in light of the ' elimination of impacts. lexas has laws on senice levels, environmental inipacts, rate calcu'ations and operational restrictions that Robson will follow. • Robson operates private water and sewer companies in other projects, and has a 25+ year operating kistory with an excellent track record. Robson has about 1, .000 water and I0.000 sewer hook-ups. Sun Lakes Aaste Water Ireatment Plant won Treatment Plant of the Year, and our pLvt operator won Plant Operator of the Year from the Arizona Water Pollution Control Associ•nion for 1997 and 1998 respectively. Community will be a secure gated neighbothc,d. geared towards the senior retiree. Access into the community for nun residents will be monitored for the safety of I residents acid visitors Attendants will pruvide directions and inforrcati(r. for visi!ors and nun-residents touring, or making use of use the facilities for publ c functions After hours, say l0pm- the main gate still be for residents or their guests only. • Residents and emergency vehicles can access from any perimeter gate with provided clickers. • Non-residents must use main gate that will be monitored. • After lOpm, main gate will go into secure mode and will only be accessible by residents, and invited guests, e Non-resident golfers, guests. restaurant Patrons, or attendees of lubli: event< at the clubhouses trust use the main gat.s. • Our amenities are sized for !'0 build-out, 'fhcrefore, vve allow and encourage public use of the Bolt uw:se and restaurants both as a sales tool and as a revenue source during our build out. fiuild out is estimated at 20 to 30 )cars. • Residents will pay full-rote city (axes. the Citv will maintain the roads in the community. [he homeovvn.:rs' association will maintain the landscaping and decorative hard-"cape street enhjmc :oen(s and bear the related costs, 3. We would like the maturity v: trio development agreement to reflect the projected length of the abso lion plus a little grace per;od • At 300 units per year, this is a 24 year project. l • At 200 units per )ear, this is a 33 year project. • We v. ill have invested over S50.000.00v in the start-up of this resort community, more ghan half of which wi!I be incurred before we close our first house. 21 ~C3 32X qtr. ttlt~l'.ICi 1 i luvember:0, 19k)8 Page We need to discuss in advance any general moratoriums that might be imposed by the City and hots they might affect our production during the selling period. We understand that the City has budgetary cunsiderations, and that they need to collect tees for the services they provide We hate the same constraints on our side. City Iecs could be a part of the development agreement and we should pay our ,hare. Our amenities are based on a pro-forma budget of all revenues and costs. New, unbudgeted, fees imposed down the road are a major problem both in preparing budgets, and obtaining financing. Pre-existing, agreed to, fees are appropriate, and allowances can be made for periodic increases for inflation, etc. 4. We appreciate Denton's help in working ETJ out with Northlake and Denton County. • Northlake has been cooperative in discussions about releasing their ETJ on the southwestem portion of the property. We need Denton's help in making sure it j gets documented correctly. • N'orthlake has requested a temporary water and server stub act' s Crawford Road for a potential shopping center site. This temporary stub would be at Robson's expense, and will be disconnected upon the arrival of Northlake water and sewer service to the site. • Nonhlake is working with Denton County to iinprove portions of roads in Nonhlakc, and along Craw{otd Road, 5. Annexation boundaries need to be up to the perimeter of our project, not including the perimeter roads, The ownership of the perimeter roads is an important issue. The boundaries of any annexation need to be carefully managed, as they may affect Denton County's ability to address impruvements, or road maintenance important to Nurthlake. These live issues are dear to us. We ask that the City consider them, and tecrk with us documenting our mutual understanding, of course, we will go through the cnnexation ; and Planned Development Zoning proccsa as outlined for developments of this type, Ed Robson is concerned about risking a substantial aim ant of due diligence and engineering dollars Aitout first considering the items listed above, I look forward to working with you on these, and the other issues which conic up, and then celebrating with you and the rest of the City when the Resort opens to the public, S'tacF ly, Stevcn M. Soriano @ • t r,~ r f 22 f, 1 t,"' :r 34X10 o t ! I i i i Agenda • Land Plan and Layout • Water and Sewer Systems ~r • Gated Community • Development Timing Northlake ETJ Annexation and Boundaries , . 1 I 23 10 32 10 ti 0 MON" EXHIBIT npu PARK DEDICATION REQUIREMENTS ADMINISTRATIVE GUIDELINES 2124/98 • Park dedication, tees in lieu of dedication and park development fees shall be I applied to all residential subdivisions in strict accordance with the Park Dedication Ordinance, passed February 17, 1998. • Section 22.36 of the ordinance provides that the City "shall have the right, at its sole discretion, to rewire a combination of park land dedication and/or payment of cash in lieu thereof, and/or payment of cash for park development fees and/or construction of recreational and park Improvements in lieu thereof in order to meet park dedication requirements." • The Director of Parks and Recreation shad determine the appropriate land dedication, fees In lieu of dedication andl'or park development fees for each proposed residential development submitted for preliminary or find plat approval. • Requests for exceptions to the park dedication requirements as determined by the Director may be granted administratively as follows: ) 1. A reductio a in the required amount of land or fees In lieu of land may be proposed in exchange for the construction, at the developer's expense, of public recreation and park Improvements. The construction value of the proposed Improvements must equal or exceed the value of the requested land or fee reduction. 2. A reduction In the amount of park development fees may be proposed in exchange for an Increase in the amount of park land to be dedicated. The v±lue of the additions) land most equal or exceed the requested reduction f in park development fees. 3. No reductions In park dedicalon requirements will be granted unless a) the minimum park land and recreation facilities standards have been met in the service area for the proposed subdivision, and b) the proposal Is determined to further the City's comprehensive plan, parks and recreation plan, trails and greenways plan, and/or other City pions. i f • I ~ tp • 24 x. 10 ;3 10 A saamws , 0 I X16 -o~~ Agenda No. n~z~1 AGENDA INFORbIATiON SHEET AGENDA DATE: December 15'",1998 DEPARTMENT: Planning&Development CM./DCMlACtil: Rick Svehla SUBJECT: k Receive a report, hold a discussion, and give staff direction regarding the draft Growth Management Strategy. BACKGROUND: On November 17', 1998, the City Council held a public hearing that culminated the review process for the draft Growth Management Strategy. This public hearing was held after a community workshop on November 10, 1998, RUST/110K and Renee Jaynes were contracted by the City 'o produce the Growth Management Strategy and have since moved forward to revise this document to reflect the consensus on these issues in the community. The documents within this report reflect those few changes that were necessary. Staff believes the Council will f..nd that the document predominantly clarifies and tightens up the Growth Management Strategy and Plan as well as offering specific recommendations for implementation. The Growth Management Soatcgy (GMS) is intended to establish community objectives regarding future land uses and development activity in the City, and: ♦ The GMS will serve as the cornerstone of the City's Comprehensive Plan, • The GMS provides for a 20-year timcframe to forecast growth and determine how the community will respond to development pressures. • The GMS provides a forum for public discussion to allow citizens to discuss the impacts of significant growth anticipated for an extended period of time, ♦ The GMS is intended to be adopted by the City Council through a resolution, and may be altered as the Comprehensive Plan process unfolds in early 1999. The GMS contains the following information, maps, and options for the City's growth management: • Population by Sub-Area Map • Growth Management Strategy Plan • Growth Management Assumptions ♦ Growth Management Strategy Conclusions ♦ Specific Aspects of the Growth Management Strategy Plan Growth Management Strategy Implications t Growth Management Strategy Recommendations The 6MS conclusions include how the City will manage growth, such as: a QUAHTY of growth will be strongly managed. a QUANTITY of growth will be managed th-ough Adequate Public Facilities requirements and 6 ' proactive planned extensions of services, ♦ LOCATION of growth will be strongly managed as indicated on the Growth Management Strategy Plan • TIMING of development will be strongly managed and the City will consider equitable incentives to stimulate growth in predetermined sectors of the City that tie a long-standing commitment to the City, 1'Mr h~~mma Wht tHCOMr rLAVr 11. Hm❑MS IIK CC AI! 12 PAGE I 1 n 32 X I o r r a O OPTIONS: Options available to the City for Growth Management are attached to this report as Exhibits A, B, C, and D. RECOMMENDATIONS: Recommendations to the City for Growth Managemem, are attached to this report as Exhibits A, B, C and D. ESTIMATED SCHEDULE OF PROJECT: Staff expects these tasks to be completed by January 1919. The following schedule details specific meetings and public hearings for Growth Management Strategy review and comment. i City Council Work Session Tues. Dec. I 5' Planning & Zoning Commission Public Hearing #1 Wed Dec 16" City Council Public Hearing #1 Tues. Jan. S" City Council Work Session Tues. Jan. 12'A Planning & Zoning Commission Public Hearing 02 and Recommendation Wed. Jan. 13" City Council Public Hearing 02 & Consider Adoption Tues. Jan. PIP PRIOR ACTIONIREVIEW During the Arty-st 11', 1998 Work Session, City Council indicated support to execute administrative change orders in the Existing RUST/HOK contract, City Council approved Change Order 02 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 mapping "guide" for future growth, The Growth Management Strategy defines opportunities to achieve the Preferred Development Scenario. Staff presented the "Draft" Growth Management Strategy at a series of meetings and public hearings, culminating b in a community workshop. Exhibit F includes an analysis of community comments received at all these meetings. Generally, the public, with comments and reservations, has favorably received the Draft Growth Management Plan and Strategy. Approximately 247 people attended the community meetings and the workshop, DISO%CC Joint Meeting Wed. ekt. 210 aln+aroae Rryzor Elem. Cafeteria Mon. Oct. 26" OR,iw,I1~1 A.0~ Borman Elem. Cafeteria Tues. 0.t 27" 1i""' Planrdng & toning Commission Work Session Wed. Oct. 28" I" leaafl w'ibon Elem. Cafeteria Thun.Oa, 29th v.~g.r.,,.., Traffic Safety Commission Mort Nov. 2"1 `~~r',„° 1 Lee Elem. Cafeteria hTnn. Nov. 2nd Public Utility Board Mon. Nov. 2n1 eaaaewmsawa DISD T-KS Nov. 2n° as ter`" MI.K Ree C'emcr Room .A Tues. Nov3r~ 10,d Senior Center Tues. Nov. 3 Houston Hem Cafeteria Wed. Nov, Ab wpi LnvIronmentalComm itwe Wed. Nos, 4" North I Acs Ree Center Thum. Nov. !th Mwuaiva 00"9 A NoWde a Trod Moore Cr•ger Thurs. Nov. S" PrahrM aaallalM C'iy Council Uumbcrs Sat, Nov, 7th (lodge Elem. Cafeteria Sal. Nov, 7nh McNair Elem, Cafeteria Mon. Nov, 9th - CityCamcil WA Sev.i'm Tues. Nov, le Planning& laming Commission Public ltearing W'ed. Nov. II" muvau moor Commumly Wide Workshop Sat. Nos. Nth Park f4mrd Mon. Nov. 16" City C'omciI Public Ifearing Tues. Nov. 17" aas.arvrlr,nr , O , rnaa Mr"... The Growth Management Strategy fits within the overall Denton Plan process proposed by staff in June of 1997. The relationship between the N%clopment Scenarios, Growth Managemcnl Strategy, and the Comprehensive Plan is Indicated in the adjacent chart: { fl-u~m MtAt1iannwrn4%ismirMe MnnrcAisil.150arM PAGE2 ' 25 x 32 xIF! soon" ' Q i amrraa I FISCAL INFORMATION: Approximately 533,263 in unspent funds from the original RUSTIHOK contract is available for the Growth i Management Strategy contract amendment. An additional $37,347 budget is earmarked in the 1993.1999 budget 4 to pay for the additional services needed, resulting in a total of $71,119 to complete the Growth Management Strategy. Staff h's pre ared administrative Change Order #1 to allow work on the revised scope of tasks. At 1998 meeting, staff received authorization from Council to execute Change Order #2 to Council's November 27 complete the remaining tasks in the revised scope. I MAp: The attached map, Exhibit A2, indicates the Preferred Development Scenario (GMS Plan) for the City. It reflects the consensus of public meetings, a community workshop, development scenario surveys, growth management telephone survey results and the adopted Denton Plan policies. The illustration is intended as a "gulde" for the future comprehensive land use plan development and indicates general land use, transportation patterns, floodplain preservation, open space and parks, utility service areas, as well as other features. Respectfully Submitted. id M. Hill Director PrelparedBy:~ Nanky K. McBet Comprehensive Planning Manager EXHIBITS: Exhibit A Projected Population by Sub-Area Map(A1)and Growth Management Plan(A2) Exhibit B Growth Management Plan Documents Exhibit C Growth Management Strategy Objectives and Tools Exhibit D Growth Management Strategy h4.rommendations Exhibit E Growth Management Strategy Implications Exhibit F Staff Analysis of Community Comments ~ 4 t i a M, . Y 41 + 1 ~ du C Af, I>nim m MCaETRMMr rLAYD~ A MI0M7 W5(Y (TAM 17 sx m 0M! Iw PAGE 3 ti l w 1ti„ .F 2~, X 32 x l a1 ' o ::mow Exhibit Al Projected Population by Sub-Ares! Map I Pf PyrvlYAnn lmrrme ADU 4A4W.'a iD•K111np Unin SFL Sinpfe Family In* Vewiey D'nin SFS Sinpfe Family SYbmban Derniry Unlo / ~NF MYIn'•Fam(f Unin , V ti ■ PnrfrolydArea Repiremrm - Abld-Family O PIUJerred AKe Rmi.W.m!-Single Family nny..~~ 4. l) ~fl Suburban ' nn ~oln ProruJ,ewd eewl Area Rrgnfronmr - Slnpfr Family low ~1/L••~ ~ ~V+ Deruip I K Nlla nl mu-nlrt IKa 11 1 r Aral /Am la I~ Ama -lJ N llll J n-I,M Il •:r 11 ~'MI ~1 ~ N1 L 0 - I ' a. ),IC NI t •(y -l,M1 up MI 40 Jal:I I rOt Llll lr'1 , "UYF 1 rr ).lY ffJ IlIf 31J lj~i ♦I f A Y13.. 1100 ` rc'aiep AKe DD AKe l 4m. J Ka JI I! nM IN Ir( -n-rJrf' fP A N-rn n-nAA GmJn ~r. r,Jnwr Elm- 5 ew-1mYr In 1MSr~ / f `fad /!j/ CCC~~4+++ ry.la lrr aat' 4AN NI Sr l L1NM) AKe y AKa SS mu-nnfrJ r -1W f / i Area t n uN i♦i .145.. lm.n•rm -14 i r THE DENTON PLAN two W DENr0N, TEXAS C4ofDterom 171I(A111FIt 1998 PAGE4 f f 14 i c I i Exhibit A2 Growth Management Plan I Furrlrr Resldenliul - I.ow Iknrity Rrslderidal Fnrnre Rechlerniol - Adghborhood C'elnerv FriNing RnIdential Pu n n TV Alnhi• Family Re%ldenrial Coranlerelal / Of/hz / Ali.ted Vie Cey. ~ i Inda.rrlal q ,k', l.ighl lndutirldl q 1n1'lilurional Q Purls /Open Spare' Fhrodplain/Creeribell -er. r.d II Don blab n / Cnhrrtky Divrh9 ' T 1 6...l.o r..r I Agricultural .4-_ 4-t i 1 i !r' 1. / I ri, r I i~ I _ 1 93+ { r ~ Ira. Is THE, DENTON PLAN wl DEA'rOA', TEXAS CRY of Vernon Ilf l 111111 11 I urNI LL~~ PAGF S alp- - - i i i ~i t: I i . i Growth'Management Plan Bocutncsts Exhibit B j Growth Management Plan Based upon the preferences expressed by the citizens of Denton at community meetings and at the community workshop held to present the Draft Growth Management Plan, the following Growth Management Plan is presented as a preferred alternative for future growth 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 encowaging the restoration, redevelopment and Infill of parcels in the downtown area and adjacent to the University of North Texas, and Texas War tan's University. Basic Assumptions I The following are the basic assumptions of the Gi awth Management Plan: 1. The Planning f orizon is for the year 2020. 2. The estimated population in the year 2020 will be 213,0t, ` 3. The City intends to accommodate the additional population that the market dictates. 4. The mix of Residentiol, and Commercial land us: s will be approximately the some as currently exists; industrial land uses will be Higher, and Institutional uses will be lower 5. Within Residential Land Uses, the percentoge of Multi-Family to Single Family uses will be less than exists today. 6. The Zoning Mix In 2020 may or may not be the some as currently exists. I 7. Denton will continue to encourage a range In housing types and densities in order to respond to the needs and desires of its' residents. 8. Average residential densities will be the some as exist today. 9. There will continue to be an average of 2.8 people per Sle residential unit and 1.8 people per multi-family unit, 10. The average. citywide, Single Family lot size will continue to be 10,000 SF, which corresponds to a density of 3 units per acre. The Single Family residential density in Neighborhood Centers will overage 4 units per acre, 11. The average density for Multi Family development will continue to be 14 units per acre, whluh A corresponds to existing development patterns.' 12. The minLnum lot size for SF Low Density development will be 2 acres, or more If required to support a septic stem. 13. Based upon the anticipoted quontities and locations of future population, and the city's existing land use mix, the city will need to accommodate approximately 15,000 additional acres of single family development, and 1200 additional acres of Multi-Family development. ' 14. Based upon the additional residential development and the existing land use mix, the City will O need to accommodate approximately 3000 acres of Industrial development, 3200 acres of 0 commercial development, end 2700 acres of Institutional development. While many del elopers ate today requesting higher densities than 14 units pet acre for apartment development, the GMS recommcnd.l a lower a enrage density citywide due to recommendations to accommodate tower density multifamily uses such as to%nhomm 1 N, Pcurtwnu NCPFSIItYlA11 PLAN nenen lla fiN5llri('1' AN 1111",w(iN5 a. PAGE 6 32 , ,F r • e r~4.1x I n I 15. The plan encourages infill development, restoration and redevelopment within the existing Center City and surrounding the universities. I The following tables indicate the Forecasted additional Population, Dwelling Units, and Residential Land Use by sub-oreo: Table 1 Denton Planning Area I Growth Management Strategy Forecasts of Additional Population and Dwelling Units By Sub-Area 1998 - 2020 Sub- 1998 2020 Change in Single- Multi- w Single- Multi- - Low Area Population Population Population Family w FamilyFamily Family Density Population Population Dwelling Dwelling Dw:lling rt rti:' Units Units Units i 61 _2,780 --2,719 2,719 - - _1_ 505 7J. - _-566 2,56-4 1,998 1998 1,110. - 2B _ 229 2,436 22207 2.2 07 788 _ 3A 21,209 33,937 12,728 6,631 6,097 2368 31387 _ 38 _ 275 2063 1,788 1788 _ 639 _ 4A _ 12,448 20,129 7,681 4,24-6 3,406 1 516 1,908 - 48 374 871 497 497 178 5 28,044 37,500 y 9,456 5,484 3972 1959 22,207 _ `612,381 32500 204119 11669 Ill 4168 4,694 7 _ _ _ ___1,_120 _ 10,000 _ 84880 8680 31171 8A 177 10,000 9,823 9.813 4,912 86 20 4,500 4,213 4 212 - 1505 9 - 714 1,000 786 786 281 10 215-8-1 6,000 314,19 3 419 1,221 11 1,080 4,000 2,920 2,902 1,043 12 90 125 35 35 + 13 ' 11.t 3 746 14,000 10,254 5,941 1307 21124 - 2,393 - e 15 468 28 900_ 28,032 28032 10 011-_ TOTAL 85,356 212,905 121 555 94 370 33,185 - 3C,220 _ 18,430 5,668 % 26% 56th _ 34% 10% k URBAN 80 220 _I.91,910 111,690 - - - 94% 90% 88% 20,095 IS,BbS - - f RURAL } 5,130 [ 1 -6% - _1_0% - 12% _ o s 1 - Urbanizing. I, 2A, 30. 4A, 5, 6, 7, 8A, 14, 15 _ Rural: 28, 38, 48, 88, 9, 10, 11, 12 Footnott:, Several sub-areas have been split Into A and 8 categories for the purpose of understanding which sectors of the City may be included within the City's related Growth Management Strategy's future onnexotion plans. 1 1 1h r~wrn r N( I t!1(IMI A h r rr 9j4\ P1.s(4 AI• 4 w r ,Mq A. PAVE 7 ' r o I , Table 2 I Denton Planning Area Growth Management Strategy Forecasts of Additional Residential Land Use By Sub-Area 1998 - 2020 Sub. Singte-Family Mufti-family Low DensTty t pr W Ares Dwelling Dwelling Dwelling Units Units Units "1 A ~J r 1505 L tiv, ~s y^ i'~, 2A 1,110 28 7Y6 i 7~ r"+ r',J a iiffl f ;692' 1;C;'; T- 3A 2,360 31387 38 639 "r.; ,I tys 1 4A 1,516 1,908 48 178 Tu, . , r 1 5 1,959 2,207 _ ~ t ~1 2 _ 6 4,168 _ 4,694 vi ,4x H:i~ 7 3,171 n.' ~ • ,;1,',J 8A 4,912 8B 1505 . e' xt , 9 _ 281 ;~.w t:... 10 1,221 t,. 11 1,043 12 13 air ► , _ 14 2,124 2,393 IS 10,011 TOTAL 30 220 18,430 5,668 56% 34% 10% Urbanl:ing: 1, 2A, 3.4 4A, 5, 6, 7, 8A, 14, 15 ♦ Rural: 28, 38, 48, 88, 9, 10, 11, 12 FaNnote: Several sub-areas have been split Into A and 8 categories for the purpose of understanding which sedcrs of the City may be Incblded within the Clty's related Growth Management Strategy's future annexation pions. ,1 ~ ~ 6 f♦ f Mr P<umm~ Ml'BGTNt'OM111.AM Q111,M1 rlnfM-IfY3'(Y An a I ~W m GM! A~ ' PAGE3 fVf~ ) P, 'Jrj 33 x 33 I X 1fr'~'!1 r ^~r#P#. 1 ~ 3 1, W... mmd a U I f i Community Workshop GMS Conclusions The following is the general GMS consensus reached of the Community Workshop on November 14, 1498: ' Quality Quality of growth will be strongly managed. Quantity Quantity of growth will be maiogc +rough Adequate Public Fneilities requirements and prooctive planned eAtensiom of services. I Location Location of growth wit) be strongly managed as indicated on the Growth Management Strategy Pion, Timing Timing of growth will be strongly managed through tools such as Adequate Public Facilities requiremr nts and the Co-~itol Improvements Program. Specific Aspects of the GMS Plan 1. Anticipating and a!towing growth along the southern borders of the City of Denton, provided development pays its' own way, except In cases where the City wishes to provide Incentives to } encourage It's desired urban form or coridcyj. j 2. Adopting an aggressive annexation policy In order to monoge The density and quolity of growth within current ETJ land, and to maintain the existing CCN. 3. Using Infrastructure master plans to develop expectations of adequate 4vels of public services. In areas where water and sewer services ore provided, moderate density development con be accommodated. In areas where services are not available, low density development will be necessary, using eeptic systems and wells. I 4. Single family i tpw.Dcrsity residential uses will be allowed to develop in areas outside of the Urbanizing Areas. The site of the lots In tl a5e ar<r, will be based upon the area required to support a saofic syrbam, and will vary based upon each localion's soils. The remaining land within those areas would remain as ogdrr.,rcrai uses. 5. Within the Urban and Urbon!.ang Areas, higf,er density residential patterns would be allowed to 1 occar A 6. These areas could be developed as "Neighborhood Centers" that are developed In an Inwardly oriented mcnner with a 12cus upon the center of the neighborhood. These developments would be established in a manner that locates the center of the neighborhood witYn a 5 to 10 minute walking distaiKe f om the edge of the neighborhood. The center would contain uses necessary to support the surrounding neighborhood including retail uses such as convenience grocery, barbers, or small professional offices higher density residential uses such as townftomes, park uses 1 Including central neighborhood 'greens' and institutional uses such as fire stations, s&ools, libraries and transit nodes. The min of uses Identified to support each neighborhood may be Q developed In a verticol manner with shops on the ground floor and offices or nsldences an the upper floors. 9 7. Future residential development within estobllslied residential areas would be developed In o ~ manner that responds to the e: fisting residential dr.yelopment v-lth compatible land vies and i r a, n.~m„ . Wen n r JO n,A V r. r.. GMS nor ; r C10 i ~ cr' I. Wx b. PAU E 9 eexmne 0 ^ ,~,rr~,~,rr patterns. Tht plan recommends that existing nelghborhoods within the City be protected and preserved. 8. The center of the infill development would be in the downtown district where preservation, restor. tion, redevelopment and infill would be the focus. Also, it is recommended that the City consider creating "University Districts" at UNT and TWU. These districts would focus on developing compatible, supporting land uses adjacent to the universities. 9. Multifamily residential development will be accommodated In the plan in a variety of forms. Many of the deteriorating apartment adjacent to the universities could be renovated or redeveloped as new student housing In order to better support the needs of UNT and TWU. Additionally, other types of multi-fomily development should be considered within the City such as townhomes. It Is recommended that multifamily development be located in areas that provide transitions between lower and higher Intensity uses, and in a manner that will not negatively Impact surrounding uses. Additionally, multlfamily uses should be located in smell groupings around the city in a manner that provides a mix of uses and densities, rather than concentrating all multifamily uses in one area which can have negative impact upon the City. 10. Future commercial uses are accommodated in the plan at key nodes throughout the City. The plan recommends that commercial uses not be located continuously along corridors In a "Strip" manner. 11. Business would be accomn rdoted In the plan in several areas. At the Intersection of Loop 288 and IH 35, the plan calls fc.r on urban center. This center would be a mixed-use center containing office, retali, 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 IH 3SE could contain medically related offices p with a mix of supporting uses. A tkird urban center on the south side of town would bi located at the City's ETJ along IH 35 west, This center would probably develop after the first two urban centers and could support general office uses or activities supporting Alliance Airport. 12. In order to support the proposed r. rban centers, and to provide additional support for the Universities, the plan proposes that the City consider extending the existing runway at the airport to 7500 feet in length hi order to accommodate business let.. With this expansion, it Is proposed that the areas Immediately adjacent to the airport be reserved for Industrial uses. Industrial uses are typically very compatible with airports due to noise restrictions. Uses wit' r this area could I Include light manufacturing uses, distribution eentc-s, or any other industrial uses that are compatible with the City's policies regarding environmtntal quality. Adrr°•ionally, existing f loodplains in this area could provide a very effective visual buffer between industrial uses and other surrounding •rses. 13. While the plan does not specifically Identify locations for future paAs and institutional uses such as parks and schools, it is recommended that these uses be located as required to adequately 6 support future residential development. Additionally, It Is ecommended that these uses be located in a manner that encourages community building within neighborhoods. The layout of neighborhoods should be In a manner that provides focus upon these facilities, with strong pedestrian links to these facilities from the surrounding neighborhood, and with links to the City's regional pedestrian and transportation systems. 14. In all areas, the plan recommends preserving the 100-year floodplain in order to pn.vide adequate drainage systems, pr.!serve wildlife habitats, for passive recreational uses, for the development of trails systems, and for providing buffers between incompatible land uses. • 15. The plan recommends further evaluation of the value and function of the natural environment within the study area to Identify areas with unique ecological significance for ennsidercOon on a more site- specific basis in the Comprehensive Plan. 16. The plan recommends that the City's Urban Design objectives be considered on a more site.speeffie basis In the Comprehensive Plan. Mriw.~hKIr14(0MrnAV n 1,0PleGInPM cr«nnirw..r,~ a. PAOF 10 J o ' 0 i Growth Management Strategy Objectives and Tools Exhibit C ISSUE OBJECTIVES TECHNIQUESNOOLS Quality of Growth • StrrAVly manage quality of new • Growth Management Strategy Map development. • Comprehensive Plan • Protect environmentally sensitive • Small Area and Corridor Planning areas. • Capital Improverrwnt Program • Retain Dcnton's quality of Igo and • Master Plans for Infrastructure unique character. • Adequate Public Facilities Policies Revised Utility Participation Pc;;cee • Incentives to Encourage Infll and Redevelopment Activity Incentives to Accomplish Comprehensive Plan Objectives • Zoning Ordinance and Map, Subdivision Regv'ations and Site Plan Review Process • Joint Planning and Interlocal Agreements with Other p, GovemmentaI Agencies Quantity of Growth • Manage quantity of growth to ensure • Growth Management Strategy Map that adequate public facilities exist to • Comprehensive Plan service growth and that new • Small Area and Corridor Planning development meets community • Capital Improvement Program standards. • Master Plans for Infrastructure • • Adequate Public Facilities Policies • Revised Utility Participation Polices • Impact Fee Program • Annexation Policies • Incentives to Encourage Infill and Redevelopment Activity • Incentives to Accomplish Comprehensive Plan Objectives • • Zoning Ordinance and Map • 40, c.Mr ort,~~..rec►Erx~v.a runa~,. n.c~ rrAcc ~n iris ~aMS~ PAGE 11 - .~.~~h x Icy 32x11 • I ,anrouaa 0 Growth Management Strategy Objective and Tooli Continued ISSUE OBJECTIVES TECHNIQUESNOOLS Location of Growth a Strongly manage location of growth, a Growth Management Strategy Map a Support mixed-use In appropriate a Comprehensive Plan locations. a Small Area and Corridor Planning a Encourage Infill development. a Capital Improvement Program a Preserve existing neighborhoods and a Master Plans for Infrastructure Downtown. a Adequate Public Facilities Policies a Encourage nonresidential gro,vth that a Revised Utility Participation Policies enhances the City's and School a Impact Fee Program District's tax base. a Annexation Policies a Incentives to Encourage Infi11 and Redevelopment Activity a Incentives to Accomplish Comprehensive Plan Objectives it Zoning Ordinance and Hap, Subdivision Regulations and Site Plan Review Process Timing of Growth a Control the timing of growth to ensure a Capital Improvement Program the adequate provision of City a Master Plans for Infrastructure services and facilities. a Adequate Public Facilities Policies a Stimulate growth in des!red areas, a Revised Utility Participation Poticir.u i a Impact Fee Program a Annexation Policies j a Incentives to Encourage Infill and Redevelopment I a Incentives to Accomplish Comprehensive Plan ObjecWes a Zoning Ordinance and Map r n..~..MCenrwroMruroax~Ff*cw.rosctAM i1,1n"048 a. PAGE 12 y OW 7l 111 1 32 o O a Growth Management Strategy Recommendations Exhibit D 1. Adopt the Growth Management Strategy -The Growth Management S!rategy Map provides the City with art overall urban form and general land use pattern that the City is trying to achieve. The mop con be used a toot for planning for infrastructure Improvements and the delivery of other essential p) ;,lip services, it allows the City to be more efficient in the deli, cry of public facilities and services by planning for the location and quantity of future growth. The map provides the City with a guide for the development of the Comprehensive Plan that will give more detailed Information on future land use locations and the density of fuhue development activity The Growth Management Strategy Tools provide the meuns for accomplishing the City's growth management objectives, 2, Adopt o Comprehensive Plan - The plan will del Ina the City's objectives regarding the location, amount, use and character of desired development. It will provide a more detailed outline of the City's desired urban form. It con be used as a tool to evaluate and guide future fond use decisions. It provides a mechanism for coordinating Master Pons for City services and facilities. he plan will delineate the ultimate boundaries the City wants to achieve. It gives the City the opportunity to preserve and stabilize its residential areas and protect environmentally sensitive and historico.ly signifkont areas. It also allows the City the opportunity to capture economic development opportunities by designating compatibte locations for commercial and Industrial growth. By adopting a comprehenstm pion and using it as a tool in guiding development decisions, the City can make sure that future growth is compatible with existing development. 3. Conduct Small Area and Corridor Planning to achieve the Comprehensive Plan's Objectives - Certain areas around the City, su:n as major corridors, Downtown and the areas surrounding the Universities, need more detailed planning to achieve desired City objectives. 4. Use the City's Capital Improvement Program (CIP) to achieve the Comprehensive Plan's Objectives - The CIP can be used to direct growth to desired locations within the City. It can also be used to control the quantty of development through the level of facilities and services provided to specific geogroptiic areas. Because the CiP also controls the timing 4f when facilities and services will become available, it Is a tool for controlling the rote of growth. To be an effective growth management tool, the CIP should cover o period of several years (five to six is typical) and should be considered In the City's annual capital budgeting process, • S. Prepare Master Plans for Infrastructure that support the Comprehensive Pons Objectives - Master Plans for public services, Infrastrmfure and utilities should support the implementation of the City's desired vision as outlined In the Comprehensive Plan. The Master Plans will influence the location and quantity of future growth Used with the Capital Improvement Program, they will also control the timing of new development activity. 6. Develop and Implement Adequate Public Facilities Policies to achieve the Comprehensive Plan's Objectives - The Implementation of Adequate Public Facilities Policies will help the City to ensure that ;,-bl;c facilities and services will be available to serve new development. It also supports fD the City's efforts towards Infill and redevelopment by making sure flat development farther away does not deprive infill and redevelopment activity Lrcause of inadequate facility capacity. The policy should be closely coordinated with the ClWs overall program for scheduling and funding capital facilities (Capital Improvement Programming). 7. Revise Utility Pofticlp,ition Policies that support Implementation of the Comprehensive Plan - These policies can be used as Incentives to direct growth to desired locations They con be an Important fool In shaping development activity to achieve the desired urbci form for the community. Mr nn, YrninN W Nei" 0)4P KI rne%II rI W CM1 PUS lT AI% Ile III ",n eM.4 b- PAGE: 13 i r a ~ ^«rr~^ 32 X r 0 f: 8. Use the Impact Fee Program to support tK1 Comprehensive Plan's Objectives - Impact Fees con be used to direct development to desired locations. They can be used to encourage growth in are. as with adequate facilities, where development will be less costly to serve. They can also encourage efficient development patterns for ti a prevision of public services. 9. Use Annexation Policies to achieve the Comprehensive Plan's Objectives - The City should consider annex;ng areas where it desires to control future land use and density decisions. 10. Use Incentives to Encourage Infill and Redevelopment Activity • Existing developed, urban areas need to remain vital and healthy. This is important for fiscal considerations, to maintain the City's quality of life and to support the existing economk activity critical to the City (such as the Universities). Incentives can be used to encourage Infill and redevelopment activity and to ensure that this activity is compatible with existing neighborhoods. Incentives con take a variety of forms and tend to be tailored to the needs and economk resources of each community, Often Community Block Grant Funds con be creatively used to encourage Infill and redevelopment activity. Other possibilities Include special taxing districts such as Tax Increment Finance Zones or Public Improvement Districts. Structuring Incentives to encourage public/private partnerships tend to be the key to successful Incentive programs. 11. Use Incentives to Achieve Other Comprehensive Plan Objectives • Incentives can ploy o very Important r!: in c:chleving several community objectives. The City may want to encourage development In certain corridors or take act;ons to preserve its Water and Wastewater CCN's. Incentives can often encourage desired development activity and accomplish objectives that cannot be achieved through a regulatory approach alone. Incentives can take a variety of forms and are not just limited to financially based tools. Incentives should be examined and developed, as appropriate, to achieve community objectives contained in the Compreiremlve Plan. } 12. Use the Zoning Ordinance, Zoning Map, Subdivision Regulations and the Site Plan Review Process to support implementation of the ! Comprehensive Plan • These regulatory tools affect the quantity of growth in the City, the location of that growth, and the quality of the development activity. Land uses and the densities permitted in the City's Zoning Ordinance :hould saapnort the desired vision for the City. Zoning can also be used as a tool to achieve desired urban form. Down zoning can be used to discourage development acthdty and zoning Incentives (such as overlay zoning districts) con be used to encourage desired growth. Subdivision Regulations can be used as a regulatory tool to achieve quality of life objectives, such as protecting environmentally sensitive areas. Detailed guidance regarding use and design can ensure that quality development objectives of the C!ty are achieved. The Site Plan Review Process can be used to ensure that new development meet the community's standards for quality. 13. Conduct Joint Planning Activities and Use intedocal Agreements with other Governmental Agencies to address growth management issues beyond local control • Some growth management Issues, such as transportation and environmental quality, must be addressed in a regional 0 framework. Coordination with other governmental agencies Is critlcnl in effectively addressing regional Issues. r W.n-u mass rFr rnnru~a ,r.cnrmr;,nir wme se. PAGE 14 AY F 'rave. 32.x~~ A a Growth Management Strategy Implications Exhibit E The following pages Identify the Implications of the Growth Management Strategy upun the previously adopted Denton Plan Policles, TOPIC EXISTING DENTON PLAN POLICIES GROWTH MANAGEMENT STRATEGI IMPLICATIONS OftOWTM • Essential services provided by government must be maintained at the highest • onsiston, - adoption o an equate ublic acilities MANAGEMENT levels of quality possible. City services intended to protect or,' pre. rve public Ordinance could help ensure high quality levels of STRATEGY health and safety must be provided to all existing and i,,,ure Denton essential services stakeholders • The growth management strategy should support the coordination of public . Consistent • adoption of the Comprehensive Plan, with services with o•'vote development. Development patterns that make the most Fac'lities Plans and a Capital Improvement Program i efficient use of public services and Infrastructure should be promoted. The that support its Implementation, are consistent with this true impact of private development should be accurately identified and po{icy. Also the use of Impact Fees and an Adequate assessed in proportion to public costs and bencflts Public Facilities Ordinance. The community should establish development rules that are clearly stated, • Consistent administered efficiently, and enforced consistently. If development Is proposed that does not satisfy all the rules, it should not be allowed. I • Land uses should be balanced to maintain a diverse economy and a well- • Consistent - the GMS accommodates a full range of ; proportioned lax base The city will provide upportunitles for the development residential and non-residential land uses. of a full array of land uses wilh:n the city. • Areas of the city susceptible to environmental damagge, or where infrastructure Consistent • the GMS has attempted to protest these systems are stressed, or where development would contradict city planning areas from a regional standpoint - this process should objectives should be identified and protected r ,ntinue as the comprehensive plan Is developed. , • Zoning should be used as originally intended, to address extreme • Consistent incompatibilities between land uses. Zoning should be used to Identify performance standards that allow land uses In defined districts based on their ability to mitigate potential negative Impacts on neighboring properties, A reexamination of the use of zoningg as a planning tool should be conducted to reflect community values successfutry, i • Development guidelines should be established to allow a wider range of land • Consistent 1 uses to coexist within close proximity to each other, Site design principles, seslheric guidelines, and construction standards should be investigated as $tt possible tools to promote tend use compatibility and encourage developmental d vercity. 1p' • The location, placement, and design of public facilities such as parks, schools, • Consistent - the GMS Identifies potential locations for 1 fire stations, libraries, or human services facilities should be used to create these types of ; ctivity centers. neighborhood activity centers. 4 M,TNc,j,MmvMrRrrrruuPPLk% nrcMSPMCCUN12IN MOM%&c PAGE IS x'•' Iry 1 1, 324.1 .r e 0 i i TOPIC EXISTING DENTON PLAN POLICIES GRO"H MANAGEMENT STRATEGY IMPLICATIONS GROWTH • Coordination o planning efforts between different units o local It CorlsIslent • use o Joint planning activities an,i Inter- MANAvEMENT government should be encouraged to save money and yield greater local agreements can be a very successful tool in i STRATEGY benefits to residents, Residential development that establishes a variety of addressing regional growth management Issues. lot sizes, dwelling types, and housing prices should be encouraged. • The City should be designed to accommodate people rather than If Consistent - the GMS begins to establish the automobiles. As growth occurs, a variety of mobility systems should be framework for these transportation systems by ivon space to connect people to destinations that are important to daily establishing neighborhood centers and through the unctions. Transit, bicycle, and pedestrian linkages should be planned and preservation of fioodplalns. Implemented to serve daily transportation needs safely and convenlintly. • Denton's ability to grow and expand should be Identified In the City's • Consistent - the GMS clearly identifies future growth annexation strategy. City limits and extraterritorial jurisdiction (ETJ) areas, which can be translated (in the Comprehensive boundaries should be clearly establishod, and relationships with other Plan) into an annexation strategy. j ,risdictions should be determined through Inter-local agreements The annexatioi strategy should also reflect the costs of service provision and external environmental Impacts associated with land located In the ETJ TRANSPORTATION • The City o Denton should plan, design, and build a network o freeways, • Consistent • adoption o en Adequate ubliC acil ties SYSTEMS arterials (major and secondary), and collectors that provide acreplabre Ordinance would address adequate level of service levels of service while complementing the tend use decisions In the The Thoroughfare Plan and Capital Improvement Denton Plan, The Denton Transportation System must be compatible with Program can be used as a cool to achieve the desired re3ionat plans Including the Mobility 2020 Plan, the Regional Thoroughfare land use paRn.m. Plan (NCTCOG) and the Denton County Thoroughfare Plan. • The City of Denton shall use the Thoroughfare Plan to plan and design • Consistent transportation improvements, program Capital Improvement Plan projects, and guide development review dacisions Many of the arterials In Denton are state roadways, so coooorallon and partnerships with the Texas Department of Transportation (TXOOT) will be considered essential to the construction and operation of the City's transportation system. A All freeways shall be designed with limited access that includes frontage or III, Inconsistent - the GMS Indicates that only the pnrlion parallel access roads Loop 288 between US 380 and IH 35E shall be of Loop 288 north of SH 380 will be conlroRed access, up faded to [his type of facility to the extent possible as allowed through redevelopmenl • Major arlerials are intended to carry traffic across town and between major • No Implications ; intensity centers, These facilities shall be divided by landscaped medians 1 to blend capacity with aesthetic considerations, Minor arterials should be at least four lanes, with left turn lanes provided for all major Intersections. Collectors shall have at least one full arts In each difection to carry traffic f to the arterials stem. , I i rMr r,..m~„x, At nu u%1rM AN n.CAM MIS [C AM a to A. PAGE16 I °Z1 21) x I u 32 n d r 0 r p I~ i . i i TOPIC EXISTING DENTON PLAN POLICIES GROWTH MANAGEMENT STRATEGY IMPLICATIONS TRANSPORTATION • The City o Denton shall use Access Management Practices to make the • No Implications SYSTEMS Investment in the roadway Infrastructure as cost efficient as possible. These practices including placement of curb cuts, median openings spacing, and parallel access roads (public and private). • Residential streets shall be designed to include traffic calming practices • No Implications that promote the use of collectors and arterials for ;rips that are not locally oriented. • The transportation network shall be designed to optimize the emergency • Consistent - the GMS Incorporates the City's routes necessary for police and fire operations and to promote efficient proposed Thoroughfare Plan which meets these delivery of services such as mail and solid waste. criteria. • The public transportation sys'em shall provide services to all citizens at a • Consistent - the GMS occommodates efficient public reasonable cost, using routes that maximize service delivery and Iha ineel transportation by encouraging infill development, the needs of the mobility Impaired. The system shall be developed to be neighborhood centers and preservation of future compatible with the eventual connection to regional systems such as transit corridors. DART, the "T", DFW Airport, and other future systems, • The Denton Airport shall Se a key component in the multi-modal • Consistent - the Denton Airport Is a major component transportation system. Denton Municipal Airport is effectively located to of the GMS fro,n bo'.ti a Irensportatiy, standpoint, and optimize the movement olgoods and services throughout the Metroplex. from an economic development standpoint. • The Denton Trails Plan should be adopted and the network of sidewalks, • Consistent bike trails, and greenbelt paths should be included into the Capital Improvement Program for funding. Development shall address this network by dedicating rights-of-way and constructing portions of the network across their properties. Linkages to destinations thal serve daily needs should be emphasized to reduce vehicular trip generation. a • A transportation lobbying campatgn should be conducted to ensure • Consistent pa ticipation In federal, stale, and regional Infrastructure funding decisions, local funding participation In priority projects should be considered for inclusion In the City's capital improvements program. STO::MWATER • Floodplains shall be dedicated to the City in accordance with the City's • onsisrent - the GMS proposes preservation o all o DRAINAGE SYSTEM watershed management plane. and the Parks and Recreation Strategic the 100-year fioodplain a those purposes. Plan. Floodplains should perform multiple functions for flood conveyance, O transportation (trails), recreation end open space, habitat protection, and ' environmental preservation. y~ c w, u.„ Ni •r r in uMr n.~. n„M rim cas rcx cr ut ,t a,. aMS PAGE 17 ~kt c{~ A 0 M EXISTING DENTON PLAN POLICIES GROWTH MANAGEMENT STRATEGY IMPLICATIONS TOPIC STORMWATER • Th., City shall endeavor to protect the life and property of its citizens from • Consistent DRAINAGE SYSTEM the 100-year storm through these policies and design criteria adopted through the Subdivision Regulations. • Drainage Infrastructure for new development shall conform to City Council • Consistent approved watershed management plans that address both water quality and quantity issues, Inching giving guidance on where natural versus improvl_d channels Ord rural versus urban drainage systems should be located. Design criteria shall reflect a balance between aestheti:s and low • No Implications maintenance his cycle costs. • Developments in the City shall minimize erosion oocuning during the a Consistent physical construction of the Infrastructure and private improvements using adopted best management practices, These practices should reduce the i potential of erosion that damages the existing ecosystem and produces sill. Slllation reduces the capacity and functionality of the drainage system so it must be minimized Regional detention shail be implemented versus onsite ponds according to • No Implications the approved Watershed Management Plans. The City and developers will be required to combine resources and create partnerships to s-lisfy regicnal detention plans The City shall minimize channel crossings to reduce potential resulctions e Consistent - the GMS Incorporates the City's and safety hazards. The City shall promote the u^e of roadways parallel proposed Thoroughfare Plan which minimizes channel to the limits of the 100-year floodplains to Flc,ide a nelural riparian crossings. The City shoulu continue to reinforce this environmcnt by establishing green space between the road and the policy through the further development of Urban channel, Green space is required even if the channels are improved so Design guidelines In the comprehensive planning that the limits of the floodplain are contained within the channel area. The process. green space between the chznnol and parallel n,adways shall be dedicated to the city to serve as open space, limit good exp)sure, and faciiilate channel maintenance, r • As infill and redevelopment occur inside the developed il of the City, • Consistent t • the existing substandard drainage systems must be reconftruoted In a 0 cost-effective manner to limit Impacts on the adjacen. developed properties. The reconstruction of these channel systerts will occur through redevelopment, and may include the use of public funds to cwnect existing problema, The design of these do inage Improvements shall minimize the damage caused by flooding and the cos; of maintaining the drainage system. CV~}IRm.nm N( of rv((IMP KAN Zet Par (AM I'm CC A1s 12 110, GM56e 'AGE 1e 0 TOPIC EXISTING DENTON PLAN POLICIES GROWTH MANAGEMENT STRATEGY IMPLICATIONS WATER AND a Developments shell be constructed and property owners shall maintain a Consistent WASTEWATER their properties and private infrastructure in such a manner es to not SYSTEMS compromise public health, endanger the. public drinking supplies, or pollute the environment. Water and we:lewater facilities should be located In areas that meet . Consistent engineering criteria and ere compatible with adjacent properties to the greatest extent possible. • The Croy will not pre-Instr, water and wastewater Infrastructure to new e Consistent • however may be Inconsistent if water and areas, but v,lll follcw development as determined by the private sector or wastewater Infrastructure Is used as an incentive to as directed by the governing body, with oversizing and exis!ing ",rik entice development activity to certain areas, system upgrades All water distribution infrastructure and wastewater collection infrastructure e Consistent • policy does allow 'he City the flexibility to extensions to residential and commercial development she" generally be consider using water and wastewater cost sharing as the responsibility and expense of the developer. an Incentive toot. The C,y may participate in the cost of oversizing water and wastewater • Consistent • oversizing may be used as an Incentive lines to meet future ravelopment. to direct development activity to desired areas. The City shall strive to oversee the development and operaliou of water • Consistent and wastewater Infrastructure that Is safe, reliable, cost effective, environmentally sensitive and sufficient to meet fititure demands in cooperation with other snlities. S . The City should promote infilt infrastructure k ,-rnvemenis over new line a Consistent extensions that expand the geographic L enrage of the -:ity's Infrastructure systems. ELECTRIC SYSTEM . Electric service to all new commei aal and residential developments shall • No Implioations b Installed underground • Electric service providers and the City will work together to achieve the • No Implications goal of installing electric utilities underground along and adjacent ;o major A entranceways. • New electric feeder lines to major load center.. may be installed overhead e No Implications except in specialty designated areas or where existing electric, communications and cable facilities have already been converted to underground facilities, c.r n nW,nruuwrn.. n .n.ausnncrueu15 r~cw+s~ PAGE Ig AV .32 X ( A I I•recti-'a I 0 I aM.,kr7sK1 I i TOPIC EXISTING DENTON PLAN POLICIES GROWTH MANAGEMENT STRATEGY IMPLICATIONS ELECTRIC SYSTEM • Electric service providers In the ity shall cooperate with City Initiatives to • No Implications convert existing overhead electric (acililies to underground. • All street light fixtures in nety developments shall be in compliance with • No implications City specifications. The City will use municipal lighting fixtures that direct illumination efficiently, reduce potential nuisance lighting problems, and enhance views of tha night time sky. • Developers are required to adhere to the City's outdoor lighting poficies. • No Implications Any additional expenses incurred as a result of approved variances from this Policy shall be borne b the developer, _ SOLID WASTE • Urban dosign and transportation infrastructure policies shall promote a :pent . onsisleni access to aft residential and commercial development. t • Site planning and design should not limit collection service delivery • No Implications alternatives. , • Development criteria shall establish on-site :onslruction standards • No implications appropriate for solid waste service delivery. • Development policies will integrate consideration of community aesthetics • Consistent when planning solid waste and recycling containment facilities. • Program policies will support cost effective recycling programs that • No Implications encourage public education, waste minimization, materials reuse and environmental stewardship. PARKS AND • A wide array parks and recreation opportunities should be equitably • Consistent - Nhile Lure park sites are not RECREATION 6stnbuted and accessibfe to all Denton resrrddenls. Park arid facility locations specifically Identified In the GMS, the strategy will be determined in accordance with the Parks and Recreation Strategic recommends that all future residential areas coMaiin Plan. parks as required by the existing park dedication • ordinance. • Parks and open spaces should be located in or adjacent to floodplains, . Consistent - the GMS has located residential areas where possible, to aid in floodplain conservation efforts and to enhance adjacent to floodplains In order to coordinate the I recreation opportunities. Such areas may bo developed with recreation locations of parks and public facilities with future ` facilities or sat aside as open spece to preserve sensitive areas. floodplain related trails systems. • 'he City should acqulfe and develop arks In combination with otter public it Consistent facilities to achieve cost-effective dell,ar, o! public serWces. Park property could be developed jointly with facilities such as new schools, storm water detention basins, drainage channr,ls, fire or police substations, or fibrra as. • This poflcy should not contradict the spatial distribution objectives detem lned b thy a Parks end Recreation Strategic Plan. r Mr rL-,J NM,RrIH(Ou}PLAYnmm. Fl. OHS PIA X CIS 12 I64a. GMf•. PAGE10 M'•',,i~Sk 'r' ~l~ r 1 fir X 0 s TOPIC EXISTING DENTON PLAN POLICIES GROWTH MANAGEMENT STRATEGY IMPLICATIONS PARKS AND . In order to ensure the reasonable distribution of publ,c parks in accordance Consistent - While future par sties are rot spec T"a"y RECREATION with the Strategic Plan, residential deve;opers should ; rovide in their projects rdcntified in the ONIS, the srategy recummcnds that land for Neigl.borhood parks sufficient to meet the needs generated by their all future residential areas v ill contain parks as development, or provide en ellernative strategy to tntlsfy this demard, required by the existing pa.,. dcl ication ordinance, a No Implications a The City sh ruld ba responsible for the acquisition and development of CommuiQy and Citywide parks, ENVIRONMENTAL s Develuppwent policies shall emphasize environmental awarer•.,su, prom le • onts3tent QUALITY the eth cal use of natural resources, and encourage the preservation of the native habitat. • Envirormenlat prolecton is an integral consideration In the development of it Consistent Fancies concerning economic growth and community development • The development plan shall evaluat ✓ia value and function of the natural • Consistent - the GMS has Identified those areas on a environment within the study area and identify areas with unique ecological regional basis; the Comprehensive Plan should significance continue this policy or, a more t"e-specific basis. • Policies should promole the appropr ala protection measures and Consistent management techniques to minimize harmful discharges directly to the environment, • Site-specific po'lutim control lechnhlues shall he based on the environmental a No Implications significance of the area and the pollytion potential of the development. • Environn enlat mitigation should be conslderej fir development in areas of ecological significance. • Consistent Q • Deveioprrent policies sha7 attempt to ertabtish the equitable distribution and use of natural resources. • Consistent • Denton shrill take a leadership role ;n shaping and Implementing federal regulations and programs for wbter que!ity issues Including stormweler • No Implications dischar a and eros'on control NEIOHBORH000 • M neighborhoods shall serve by adequale In estructure ands all • onsistenl 7 use o equate Public ecilities POLICIES have adequate access to public and community facilities. Ordinance would helpp achieve this pof;cy. • Lend use policies that encourage a mix of uses should be Investigated to a Consistent - the MS calls for both neighborhood ~ offer a range of benefits to residents and the entire city. Standards should mixed use centers and mixed use urban centers, t be developed to ensure well-desbjned mixed-use projects for undeveloped Standards for these development types should be property, Including the mitii of any potential adverse impacts on Identified as part of the comprehensive planning existing neighborhoods. process. 1 M, Mr 111711(,MP 1(w nm. nom. eMS Poser All i e 15 . or .m a.'_. a. PAGE 21 i 1 o a , TOPIC EXISTING DENTON PLAN POLICIES GROWTH MANAGEMENT STRATEGY IMPLICATIONS NEIGHBORHOOD • Existing nelghborhoo s ,ovld be protects and preserved. • onsisient - Its GMS supports this policy by POLICIES proposing compatible Infill development on vacant land within existing neighborhoods, and restoration within deteriorating neighborhoods. s Bicycle and pedestrian traffic within and between neighborhoods should • Consisten; - this policy Is supported by neighborhood be encoura-.ed to promote public safety and reduce vehicle use. center development patterns and through the preservation of the 100-year Aoodplaln for trails syslemi, s Discussions should be Initiated to determine how neighborhoods could be • Consistent designed to promote social contact and civic responsibility. Our mobility Impaired citizens, Including the elderly, young, and disabled, should be provided affordable and timely access to sloes, libraries, parks, amusements, and other facilities that promote our social well-being, s A forum should be developed to address neighborhood quality of life a No Implications issues, avoid competition for resar rces among neighborhoods and ensure that the larger community Interests are not sacrificed for the Interests of a single neighborhood The City of Denton will designate a "singlo point of contact" stall lialson to provide Information and support to neighborhood croups. HOUSING s Alternative types o housing that respond tote differing economic an IF Consistent - the GNIS accommodates a wide range o individual bl'e•styles of Deoton's citizens should be developed in all areas housing types, of the city to achieve balance and diversity. All people who work to Denton should be able to live in Denton, a Itomes that vary in lot site, building size, and cost may be permitted in • Consistent new development. The ability to establish a reasonable price range should be governed by private market forces. • • Existing housing stock, particular) for affordable housing should be • Consistent - the GMS recommends the preservation prolccted and preserved to avoid the loss of dwelling units that are unlikely and restoration of deteriorating residential to be replaced. neighborhoods. a Incentives should be investigated to encourage infill housing construction • Consistent • the GMS recommends compatible, Infill especially in conjunction with low income and minority neighborhood development of vacant properties within existing revitalization plans, residential neighborhoods, • • Design and construction quality expectations should not be relaxed in • No Implications • order to meet affordable housing objectives. i s City review and inspection fees should be reviewed to determine H a No Implications changes could be made to ease effordable home construction coats. Such an examination should be t ndertaken only If benefits are passed on to homebu era. (My JI, m~,Mr RLr111I IMF 01 . AN tb,a< Irm OM5 KK C CA I! U 11 At M GAN•< PAGE 22 r''? I 32 x E] e Mcarwr O 0 I ,AIM".I{d TOPIC EXfSTINO DENTON PLAN POLICIES GROWTH MANAGEMENT STRATEGY IMPLICATIONS HOUSING a The need to provide a sufficient amount of land to accommodate housing s Consistent demand should be balanced by the desire to maintain compact urban patterns. • The r. sge of housing types available for the specialized needs of the ' Consistent elderly, disabled, low income, students, single-person, or female-headed households should be acknowledged as part of a strategy to diversify our neighborhoods. Consistent Areas where higher housing densities are allowed should be supported by the availability of emfloymenl, commercial services, public utilities and facilities, and transit, pedestrian, and bicycle sy.!ems. ECONOMIC • The city should encourage a strong, diversified, and self-sustaining s Consistent- the GMS has set aside adequate land DIVERSIFICATION economy, creating a wide range of employment opportunities, enhancing areas to develop land uses supporting this peal. local ownership opportunities, and expanding the tax base of the city. a Local business ownership and small business creation should be • No Implications considered high economic diversification priorities, • Devcloprnent incentives should be considered to encourage industries and • Censistenl businesses to expand or relocate within the city. Incentives should be considered only Abcn proposed development is consistent with community plans. 4 COnslds ia', of site planning, urban design of nelghborhooJ compatibility a Consistent objectives will be included in the eligibility requirements for business retention, expansion, of recru{ime,it incentives. GOVERNMENT i Development regulations should be clear and understandable, operate s Conslslent with a minimum of administrative time and expense, and should be consistently enforced. Developers and investors should be Informed of all project expectations s No Impiicallons during easy planning stages, and conditions subject to Interpretive review 1 should be supported by carefully defined guidelines. F a Intergovernmental coordination should be facilitated to the maximum i Consistent extent possible, regardless of jurisdiction or service responsibilities. Efforts should be made to share resources whenever possible, and redundancies or duplication of efforl should be eliminated. c M rx.,mmuwiwererc,MrPLAN ("m*P (1%4SKnnA14120.1uec4e6< PAOE23 { 32 x R AP; 4V rrxuar~ • 0 t ter. TOPIC EXISTING DENTON PLAN POLICIES GROWTH MANAGEMENT STRATEGY IMPLICATIONS GOVERNMENT . The development review and docision-making processes used in Denton a No Implications should g:arantee full notice and equal participation opportunities for all interested parties. City staff will maintaln neutrality and prov'do clear, unbiased information to facilitate community discussions, • City government will comply with the some regulations that are Imposed s No Implications l on private development within the community. Every effort should be made to ensure compliance on the part of school district and county ro ects as well. URBAN DESIGN a Visual quality objectives and a healthy business climate should not be . Cons;~tent considered mutually exclusive. Any urban design strategies adopted In Denton should demonsVele strong consideration of private property Impacts. Urban design concepts should be incorporated Into private development plans early Into Oe review process. Attention should be paid to design principles that In many cases do rat increase project costs. • The Impact of public features such as slgnage, electric lines, valve boxes, Consistent solid waste receptacles, streets, curbs and gutters, sidewalks, buildings, parking lots, and parks should be recognized as Important factors in affecting community appearance. City government will exert a leadership role In following the principles of good urban design. • The city's urban design stralegies should be guided by the principle that the s Consis' -nt spaces between buldings are )ust as Important as the bir' igs themselves. The form of public spaces should support their Intended functions, and their visual qualities should communicate the values we feel are Important • • Concern for community appearance should be addressed in a • Consistent comprehensive manner. Such an approach provides the opportunity to Integrate urban design objectives with other planning mechanisms, such as zoning, subdivision regulations, historic preservation, economic development, and environmental prulection, a Architectural diversity and creativity should be encouraged to avoid . Consistent 0 homogeneity and sterility, Contrast and variety contribute strongly to visual interest and viewer perceptions of quality. If aesthetic standards are 4 Impfer*. Wed by city government, strong attention should be paid to avoid regu r ens that promote son aness and It Individuality, cMrn. ~Mrnr111MIMrPLAN nm,n PAGE 24 m 0 a~ TOPIC EXISTING DENTON PLAN POLICIES GROWTH MANAGEMENT STRATEGY IMPLICATIONS URBAN DESIGN . Urban design principles should be emphasized In neighborhood • Consistent %vitalization plans, and residents should help to determine social and cultural values that are reflected visually. Inflll development should be evaluated carefully to promote compatibility with existing structures: New development can provide contrast yet complement older structures. Opportunities for the display of public art and practice of the performing arts a Consistent should be provided In a variety of public property venues, Including parks, street rights-of-way and public buildings, The unique and distinctive cultural, bstorical and architectural features of • Consistent Denton should be Identified, restored, preserved and maintained through a partnership between the City and privets Interests, in keeping with the Historic preservation Alan. • Nvelopment along major enGunceways influences first impressions and I Consistent the image of the IknWn. Good urban design should be encouraged and promoted to enhance the appearance and perception of quality along thoroughfare corridors a The City of Denton's image is strongly influenced by Its universities, and 0 Consistent efforts should be made to enhance their appearance whenever possible. 1'he City should strive tc snoourage more community Interaction with the 1 universities by linking physical access between university and public property. s The value or trees and landscaping should be recognized as important Consistent features that strongly influence the aesthetics and environmental quality of thL City. This recognition of talus should be reflected in all development standards. • Consistent - the GMS recommends that the e The City will con°nue to view the Downtown as a unique and dominant downtown / university area be developed as a special area that merits special attention. A comprehensive downtown are& revitalization program, based on the strategies of the Texas Urban Main Street program, *III be pursued to matntaln the momentum creatad by recent improvements, y u e, m.. rustrwcow ruvaw,nroMSrns(rAm ai!a,-an s. P%GE23 32xf~ 1 0 I " 1 TOPIC EXISTING DENTON PLAN POLICIES GROWTH MANAGEMENT STRATEGY IMPLICATIONS PUBLIC • All City of Denton stakeholders should be invited to participate In all stages a Consistent INVOLVEMENT of the planning processes conducted by city government. City staff will design public Involvement procedures that actively engage stakeholders to paiticipate In city planning. This approach should extend beyo o r:inning into design and project-specific activities. Charettes, which are useJ to Involve groups of people in project design, and demonstration projects should be considered to obtain citizen Input before major proj,)cte are Implemented or to Introduce Innovative design concepts. I • The public Involvement process should be structured to take advantage of • Consistent the opporluniy to use the planning process as an educational tool. The Denton Plan Is of only limited value If members of the community do not understand its contents. Development concepts can be highly technical and complex, and the Plan should define and explain Items that are unusual or unique, and that may not be easily comprehended by the general public. I • The use of different types of media should be explored to determine the • No Imp"cations best way to engage as many City stakeholders In the planning process as j possible, Television, newspapers, newsletters, meetings, speaking engagements, publications, resource centers, and other options should be utilized as epprcprlete to eommunlcate with as many stakeholders as possible. • The public Involvement procedures used by the City will be coordinated to • No Implications " avoid oommunlcatlons'over•seturetion". • I i i I I 1 f I C My rh.. W&FTIM inn ruvJkM, PW,OW roscr AIS U 15".0W r. PAGE 26 ME 32x~❑ 10 e „ 0 f1 ' Peen w 1 Growth Management Strategy Glossary I. Growth Management Strategy • The map and accompanying tools and techniques recommended for achieving the community's growth management objectives. 2. Comprehensive Plan • A document, often defined by a combination of mops and policies, that define the community's goals and policies for guiding the location, amount, character and quality of desired development. 3. Small Aron and Corridor Planning • Planning consistent with the community's Comprehensive Plan but providing greater detail regarding the types and qualities of allowably development, 4, Capital Improvement Program (CIP) • A program that forecasts infrastructure Improvements to the City wing a set timeline and financing methodology. 5. Master Plans for Infrastructure • Outlines the future locations and capacity requirements of essential public facilities such as water malns, sewer mains, streets, and wastewater treatment plants, b. Adequate Public Facilities Policies • Policies that require new development to demonstrate that facilities and services will be available to serve the project at the time that It comes on line. These policies attempt to balance the timing and amount of development with the capacity or willingness of a community to accommodate it. The purpose is to coordinate the development permitting process with the provision of capital facilities. They are adm,nlstered on a project by project basis based on a level-of-sa vice standard for each type of facility. 7. Utility Participation Policies • The contribution by the City towards the capital costs of providing Infrastructure such as water, wastewater and streets. 8. Impact Fees • A fee assessed to persons developing property to cover their pro rota share of the costs of providing recessary public facilities to service development. 9. Annexation Policies • Policies determining when and under what circumstances the City will consider annexation. 10. Incentives • Actions taken by the City that encourage or leverage desired development activity. Incentives can take several forms. Zoning incentives can be used to encourage higher densities ! and the infill of existing urban areas, or to achieve certain quality of life enhancements. Financial assistance incentives can be used to leverage private development activity that achieves a community objective, such as affordable housing. 11, Zoning Ordinance and Zonlug Map, Subdivision Regulations and the Site Plan Review Process Regulate y tools and ociloms undertaken by the City to guide the locoNon, amount, use and quality ! of development. 9 ! 12. Inter-local Agreements • Agreements executed with other gewerning bodies to address areas of mutual concern of Interest. C Mr n. ftynm Ml renrrOW Fusr.o. M nenMS Fuser AIS 12.1 f 4 m LMS PAGE 27 . 1.~,1 ILI 32XID 11 0. u s ~ L A ! o raausa o , 1 Staff Analysis of Community Comments Exhibit F j I Beginning on October 21", 1498, staffbegan presentations to the community and to various boards and organizations, and the Planning and Zoning Commission and City Council held work sessions and public hearings regarding the Draft Growth Management Strategy and hfap. Planning staff and HOK/Renee Jaynes prepared and held a Community Workshop that was successful. Approximately 247 people attended the community meetings and workshop, excluding staff and elected/appointed officials. Through the use of a telephone survey as a kickoff and past information gathered at public meetings in combination w ith direction from the City, HOK/Rene: Jaynes prepared the Draft GMS. Through the process of public meetings and the worlshop, consensus run be gathered from comments from these sources, as well as data gathered during the Alternative Development Scenarios. Staff has analyzed this data by Quality. Quantity, Location and Timing. S me areas overlap and when this occurs, staff has made decisions based upon appropriate catego;..a for this info,-nation, In many cases the information bears repeating in multiple calegories. Quality U Quality will be strongly managed. U Strengthen and enforce all tools in order to reinforce quality development including: aesthetic qualities, signs, landscaping, park dedication, visual quality, environmental quality, lighting, public pro" maintenance, corridors, performance standards, cluster development and code enforcement. U The City should promote environmental programs that extend into the future The 100-year Floodplait. ar,d environmentally sensitive land s'environmenWcco-systems and habitats will be preserved and protected t'rcm development, potential destruction an,*, degradation. ❑ Schools should be coordinated and adequate facilities provided. Impact fees, land dedication or rtner methods should be utilized to provide for schools. U Partnerships with the Universities for educational and employment base. 0 Quality is tied strongly to issues of quantity, then to location and timing. U Reinforce Donlon's quality of life and retain uniqueness as a City and not a suburb of UFW. 0 Allow citizen empowerment and community consensus to guide the City, notjust "special interest" groups. U Adopt the comprehensive plan and follow it in all cases unless proof offered of better quality compatible development and enforce all codes stringently, 0 Reinvest in the community, upgrade and provide incentives for infll development. ❑ Point system for developments, with minimums to meet and with additional point choices to choose from, less intense uses, less points and more intense uses require more points. U Multi-medal transportation is a must for quality of growth. ~ Quantity , ❑ Manage quantity and location through Adequate Public Facilities requirements and proactive planned extensions of services. U Balance market demand through development of rules and regulations that impact densities and quantity of growth. U Balance growth, uses, quantity and location of grow th. U Provide incentives for industrial developmcnteom:,incial development. ❑ Taxing implications tied to quantity and timing. 0 !My fkavrYna MClC111CilM11lANtRnue l~oGM!lb5(C All 117MmGMl dw PAGE28 X It 32X iO moonamsommend P , R,raaoe O :atwa>w r Location ❑ Location of growth will be strongly managed. ❑ Use appropriate zoning, comprehensive plan and annexation plans to manage location. U Use of CIP to plan for utilities and City services. U A cosvbcnel,t rationale must be provided for any leapfrog development. ❑ Multi-family will not entirely reside near the universities and mixed-use centers, but should also be more evenly distributed throughout the community in smaller complexes, and vary by types of attached housing, U Mixed-use centers and neighborhood centers should proportionately allow commercial, office, service uses, schools, parks, and multi-family/attached housing. Neighborhood centers should allow these uses internally to the neighborhood as a use/service within that community. ❑ Use the Downtown as a focal point of the community and physically tying the universities into the downtown. Plan for redevelopment, restoration and infl11 to promote this goal. ❑ Location of industrial adjacent to the airport and portions of western 288, protected from residential encroachment. ❑ Nftxed-use centers developed only where infrastructure is built to support them at full capacity. ❑ The 100-year floodpiain and environmentally sensitive lands!cnviron mentsleco-systems and habitats will be preserved and protected from development, potential destruction and degradation. ❑ Preserve existing neighborhoods; reinforce them. ❑ Develop parkland and linkages. ❑ Allow housing diversity with guidelines. Ilse infill development to promote diversity and reduce leapfrog development. ! ❑ Multi-modal and mobility plan to reinforce locations where City wants to encourage growth and to allow better access and more routes throughout the City. Allow all types of transportation opportunities. Plan for land uses, such as urban centers, that create interregional transit st,.tions/slops and coordinate with the d metroplex for rail and other transit options. Use of neighborhood centers as nodal transportation points for public transit. Reinforce current pedestrian patterns and develop an overall pedestrian linkage system. ❑ Continued use of access management strategies within the land use patterns proposed. ❑ (Balance growth, uses, quantity and location of growth, not all to the south. ` Timing ❑ the City will consider equitable incentives to stimulate growth in predetermined sectors of the city that tie a long standing commitment to the City. The City can use the development Df services and utilities in certain sectors as a magnet for industrial/commercial uses. ❑ Development that requires extension of utilities and roads will pay its' own way in proportion to the stress placed on City s rvices and systems. ❑ Develop transpor'ation impact fees. Q AcceleraleindustriaPcommcrcial/offcedevelopment. s ❑ lie proactive where the payoff for quality development is eminent. ❑ Timing and quality of growth are intrinsically tied to healthy quality growth. ❑ Timing of growth will not be controlled by "special interests". U Revise the comprehensive plan periodically to make appropriate adjustments. ❑ Incentives and tax abatements only where environmentally responsible growth occurs. U 'Timing of growth directly related to school impacts. Coordinale efforts. U Residential growth should pay its own way to develop. ❑ The City should not plan in a vacuum, it must recognize it's regional location and connectivity. ❑ Some concem that development should slow down, perhaps through liming and quality measures. L" Mp Rcummu M[ bl. tH (IJMI ILAYltanw Ilm f Mt IIKf(' A11 Il It o5 ie pMl 0.< PACE 29 OHM" o Agr,,irid No r..Y_~_1JcOL_T._ - AgFnda Ilan Pais... AGENDA INFORMATION SHEET I ' AGENDA DATE: December 15, 1998 DF.PARTSIF,NT: Utilities Administration V~ ACNI: Howard Martin, 349-8232 SUBJECT• RECEIVE A REPORT AND HOLD A DISCUSSION ON IHE WASTEWATER TREATMENT PLANNING REPORT PREPARED BY THE CONSULTANT ALAN PLUMMER ASSOCIATES, INC. BACKGROUND, The Public Utilities Board authorized the Professional Services Agreement with Alan Plummer Associates, Inc. on September 21, 1998, The agreement was approved by the City Council on October G, 1998. The agreement was to develop a long term facilily/land use plan for the Wastewater and Solid Waste disposal facilities and alternative disinfection strategies evaluation for the Pecan Creek WRP. The Consultant has developed population projections through the year 2050 for the Denton CCN, evaluated the options of building a new plant in the Hickory Creek Basin vs. expanding the plant at the Pecan Creek WRP, and developed cost estimates, Based on this study the Consultant is recommending that the City move forward with the planned G mgd expansion of u.. i'ecan Creek 'RP (see Exhibit It±, The Wastewater Planning Report was presented to t',c PUB on December 8, 1998, PUB recommended adoption of the Consultant's recommendation. Upon it presentation of the Wastewater Planning report, Staff requests the Council to hold a discussion on the study findings and provide direction regarding the recomr-endations of the Consultant 0 OR [IONS: 'The Texas Natural Resources Conservation Commission (TNRCC) applies the 75/90 rule that determines %hen the design'constr.iction of a water reclamation plant should',)egin. When the average daily flows at the WRP reach 75" of the capacity, design should begin, and when flows reach 90",'o of tho capacity, construction should begin The flows at the WRP are already above 75% of the plant capacity. So the option the City needs to evaluate is where to add capacity for , waslcwatcr treatment. 0 The options of expandi,ig the existing; Pecan Creek WRP vs building a new WRP in Hickory Creek Basin were evaluated based on all the factors including cost, This second option could be t rr s I. K 10 32 X 'J o implemented in one of two ways by building a WRP in Hickory Creek either in 2004 or 2010, The Consultant is recommending expansion of the Pecan :'reek WRP. Other topics explored in the consultaols' study included • Converting the .-xisting chlorine disinfection process at the Pecan Creek WRC to a ullra violet (U1) system. Such a conversion would add an additional $1 million :o the cost of the plant expansion. • Constructing an administration bidlding for Wastewater and Solid Waste personnel Constructing a WRP in Clear Creek, which was found to not be warranted for the foreseeable future. f 1 RECOMINIENDATIONS: i, Proceed with immediate improvements and 6 MGD expansion of the Pecan Creek WRP. 2. Conduct a silo selection analysis for a WRP in Hickory Creek and determine the viability of a plant in that watershed. 3. Evaluate conversion to UV disinfection during design of 6 MGD Pecan Creek WRP expansion 4. Consider adding a new combined administration/maintenance building for the WRP/landfill in the future 5. Planning for a WRP in the Clear Creek Basin is not warranted at this time. MOR ACTION/REVIEW (Council, Boards. Commissloal: Public Utilities Board approval of Agreement September 21, 1998. City Council approval of Agreement tlctober 6, 1998. i , Public Utilities Board adoption of the Wastewater Planning Report recommendations, December 8, 1998. ~ i FISCAL INFORMATION: Project is funded jointly by the Landfill and Wastewater operations from the 1997.98 revenue budget. j 0 0 { T n 10 32 x I a _ _ e ~ u Respectfully submitted: v J' Jordan/ Director Water Utilities Prepared by: f, P. S, Arora, P.E. Engineering Administrator Exhibit I: Location Map i Exhibit II: Wastewater Treatment Planning Report Exhibit IIh Copies of Prescmation th,crheads i I ~ I i t , e r n Vi , 1 , 'r +~NJ.Vki 10 10 i I I I~ c LANDFILL AND WWTP PROPERTY ~Krry~.tV I s 00 Bt R Q~ ' GAELIC c lUC{ c' ! 7A4'AN (7&CA S n Z , h j s . 1 5!`LNCF~~ fiGAC 5 ^ (j. S, G~aOO 11II ,IVY . VAN i P I+, H N r:, FO,-TER tr A. uWDFlLt J ~f O9 1Lq 1Yt pl1~ I ih ~A'~ 1 41, " 1;10 AANE o CANAriy(Air WWTP IEAFr LANDFILL EXHIBIT 1 1 aArA-✓ FFi'ff 6? Y~• ~ ~ , City of Denton Wastewater Treatment Planning Report c J-k 1*,,. Tf,q4 December 1998 a. E. NFJ,D III r ~o ,~~1552 Q;~W II jJ0 r L IL , enr~ernlMr~wMNl mlcnmk~mn EXHIBIT II , _3 # I T1 25 32xIO WON" = tD { Uuovs TABLE OF CONTENTS EXECUTIVE SUMMARY........ , . . . . . I INTRODUCTION AND SCOPE . . . . . ...........4 POPULATION FORECASTS . . .......6 WASTEWATER FLOW PROJECTIONS ,10 WASTEWATER TREATMENT CAPACITY F.(PANSION . , . . ............12 Pecan Creek Wastewater Treatment Plant . . . . ..........1? Land Availat';lity and Use . .14 Wastewater Effluent Discharge Permitting Issues . . . . . ......................15 UV DISINFECTION EVALUATION . IS Process Overview . .......18 Available UV Technology . . . . . . . ......................19 PLANNING LEVEL OPINION OF PROBABLE CONSTRUCTION COSTS..,...........,,,,, 21 UV Conversion Costs . . . . . ............24 MALNTENANCE AND ADMINISTRATIVE FACILITIES- . ..............25 RECOMMENDATIONS ..........26 a n1 ➢ f {1. a. 5x1 t~ f 1 32x 10 0 t I LIST OF TABLES Table 1:Simplified Growth Po^alation Model . ...........................8 ; Table 2: Drainage Basin Population Projections . . . . .............9 Table 3: Wastewater Demand Per Capita, 1988.1997 . . . . . . ........................10 Table 4: Projected Wastewater Demand 1999.2009 . . I l Table 5: Projected Wastewater Demand 2010-2050 . . . I l Table 6: Pecan Creek Planning Level Opinion of Future Expansion Cost . . . ...............23 (Pecan Creek WRP Receiving all Wastewater) f Table 7: Pecan Creek Planning Level Opinion of Future Expansion Cost . . . . . ..........23 (with Hickory Creek WRP in operation by 2004) Table 8: Hickory Creek Planning Level Opinion of Future Expansion Cost . .............23 ILLUSTRATIONS Figure I, "Pecan Creek WRP Master Plan" i Figure 2: "Pecan Creek WRP Expansion (Current Projection)" Figure 3: "Hickory Creek Construction" ' Figure 4, "Reduced Pecan Creek WRP Expansion" Figure 5: "Existing Pr z, Creek Land Use Map" t ~ e Figure 6. "Proposed Pecan Creek Land Use Slap" I Figure 7, "Satellite Facility Site Location" ~ t NUprlr•+pbti dv It 1 r~ q A f EXECUTIVE SUMMARY l The City ul Denton has retained Alan Plummer Associates, Inc. APAI) to provide a wastewater planning study in conjunction with a concurrent solid waste site planning study. This wastewater planning study is intended to be general in nature, providing a conceptual overview of the City's current needs. This report is of limited scope and is not intended to furnish a detailed or complete evaluation of the City's wastewater collection or treatment sys•em: but instead should give the City an indication of the direction t ) proceed concerning the development of additional wastewater treatment facilities The scope of the project included: development of long-term population and wastewater flow projections for the Hickory Creek Drainage Basin, the Clear Creek Drainage Basin, and the City of Denton's r Wastewater Collection System as a whole. Additional goals included prediction of potential discharge parat,teters and development of an overview wastewater treatmcut site master plan including planning level opinions of cost. Evaluations of satellite treatment options and conversion to UV disinfection were also accomplished in conjuncran with this evaluation, While the Pecan Creek Wa er Reclamation Plant {WRP) has successfully handled the City of Denton's { wastewater needs for man r years, rapid growth in the area will require the development of additional wastewater treatment capacity. The wastewater sector most affected is expected to be the Hickory Creek brainage Basin. The number and location of current developments in the planning, design, or construction phases clearly demonstrate a southern "tilt" to the City's growth. Traffic Survey Zone Data provided by the North Central Texas Council of Governments I NCiCOOG) was used to predict the population and wastewater flows in the specified areas. The modeling conducted suggests the population of the City's wastewater service area (CNN) could exceed 150,000 by 2020, with potentially upward of 400,000 people approaching 20:0. In the same period the population of the ' • hickory Creek Basin is predicted to range from approximately 60,006 in 2020 to more than 150,000 by 2050. Based on comparisons with other population studies performed for the City of Denton, these projections appear to be reasonable. The populations projected suggest the total Wastewater CCN flow is may reach 27.MGD by 2020 and subsequently climb to over 70 MOD by 2050. Similarly, Hickory Creek flow is predicted to exceed 10 \IGD in 2020 and approach 27 AfGD by 2050. All wastewater flow projections developed in conjunction with this evaluation are based on the included populalion models and the previously adopted impact fee ,rr att. 0 1 I t 4 r ` planning assumption of 170 gallons per capital per day (Sped). It is noteworthy that the flows projected ` could well be underestimated as the populations upon which the (lows are based include the City of Denton Wastewater CCN only. Neighboring municipalities (i.e., Argyle, Corinth, and Bartonville) repres:nting additional potential customers were not included in the estimates of future growth. Meeting the wastewater demands projected will require construction of additional treatment rapacity. While predicted wastewater flow in the Hickory Creek Drainage Basin suggests establishment of a satellite facility in the near fuinre to be a viable option, permit restrictions and additional treament requirements will most likely elevate the overall cost well heyond the cost to expand the current facilities at the Pecan Creek WRP. In addition, the Pecan Creek M RP could exceed its permitted flow before a new treatment facility in the Hickory Creek basin can be developed. It is, therefore, recommended that the City of Denton move forward with the planned 6 MOD expansion of the Pecan Creek facility. In addition, a number of "immediate" improvements to the existing facilities should be undertaken. These immediate improvements include increasing the capacity of the Filters and installation of Chlorine and Snlfur Dioxide containment structures and scrubbers in addition to a number of other miscellaneous ptant improvements. The opinion of probable capital cost for the improvements is estimated to be approximately S17 million (1999 5). $15 million for the 6 MGD expansion and $2 million for the 'immediate" improvements. In addition, it may be necessay to extend the WRP's discharge line directly into Lake Lewisville and provide additional treatment to meet future discharge permit requirenr-nts for approximately S6 million. Another approximately $8 mi'don of improvements will be required be ore 2010 to expand the Hickory Creek lift station and force main. The opinion of cost to develop a 't wastewater treatment ptant in the Hickory Creek basin is approximately $16 million, assuming higher levels of treatment for source water protection are not required, The costs for land, permitting, legal, or obtaining financing have not been included. It should be noted that these are planning level opinion of probable costs and are intended to facilitate the comparison of treatment options and should not be relied on for capital budgeting purposes. More detailed evaluations may result In these costs being reduced. Following completion of the proposed expansion, the Pecan Creek WRP will be capable of treating an average daily flow of 21 MGD. Based on the projected wastewater flows dcveloped, the expanded plant should meet the City's wastewater treatment requirements through approximately 2010. At that time the feasibility of developing a satellite treatment plant, compared to further expansion of the Pecan Creek NVR.P, can be further evaluated Suitable areas for siting a wastewater treatment plant in the Hickory Creek basin area are rapidly be; ig developed. In order to keep the Hickory Creek facility as an option 1 in the future, the City should immediately proceed with selection and purchase of an appropriat; site. 10 1 l '0 i 1 / An evaluation of the feasibility of converting from chlorine disinfection (and necessary dechlorination r ` with sulphur dioxide) to ultraviolet (UV) disinfection indicates that while UV disinfection is feasible, it will add approximately 51 million to the opinion of cost for the immediate plant improvements recommended. A new administration and maintenance building on Pecan Creek site is also recommended. The proposed structure would house the administrative and support functions of the WRP and the landfill, eliminating overcrowding and space limitations present in the existing facilities, The cost of the recommended administration and maintenance building is not included in the opinions of cost for the various wastewater treatment options presented above as construction of the structure could be delayed or conducted in phases to meet the City's budgetary r.slrictlons. I I r I t }4 i ~w I ~ I Ifnrnrr+.pn7 3 !Fg 1 1 rl 1• nti 2f~ x Q 32x , MONO= r deny" 0 H11+ A t INTRODUCTION AND SCOPE , The following evaluation is intended as a conceptual overview of the City's current and future wastewater treatment needs. This report is of limited scope and is not intended to furnish a detailed or complete evaluation of the City's wastewater ccllection or treatment system; but instead should give the City an indication of the direction to proceed in developing wastewater treatment options. In the furure more in- depth studies and evaluations may be required. The City's geographic location, permitting easy access to Dallas. Fort Worth, DM Iwemational Airport should continue to attract substantial residential development in the near future. The development is not expected to affect all parts o' the City at the same time or rate. The location and size of current developments in the planning, design, or construction phases clearly demonstrate a southern "tilt" to the t City's growth. The wastewater sector most affected is expected to be the Hickory Crack Drainage Basin. Similarly, the northern portions of the service area. principally the Clear Creek Drainage Basin, should experience slower growth. The Pecan Creek Water Reclamation Plant (WRP) has successfully handled the City of Denton's wastewater needs for many years. However. the rapid growth underway in the area serviced by the Pecan Creek WRP will soon require the development of additional wastewater treatment capacity. Currently wastewater flow from the Hickory Creek Ba,m must be pumped through a 24-inch force main to a point in the adjacent Pecan Creek drainage basin which allows gravity now to the Pecao Creek WRP. This flow could be treated Ina satellite facility located within the Hickory Creek Basin, The force main and the Hickory Creek Lift Station could then be used to pump treated water for non-potable water reuse. In view of these facts the scope of this evaluation includesi 0 Development of long-term 150-year) population projections for the Hickory Creek Drainage Basin, the Clear Creek Drainage Basin, and the city of Denton's Wastewater Collection System as a whole; a Projection of wastewater flow rates fer the Hickory Creek Drainage Basin, the Clear Creek Drainage Basin, and thr City of Denton's Wastewater Collection System as a whole; A : a. 4 sa i ~ 75 x, 10 32 XIC] .1 s.I I.. O 1 1 ! • Prediction of potential discharge issues relating to discharging into Pecan, Hickory, or Clear Creck at the projected now rates: • Development of an overview wastewater treatment site master plan for the Pecan Creek \'VRP with and without satellite facilities, including location of general areas encompassing suitable WRP sites and planning level opinions of cost; and, • Preparation of a report describing the evaluation. Current plans also include expansion and improvements In the City's solid waste handling facilit'ies' The solid waste and wastewater facilities are located in close proximity and both desire to grow efficiently. It is important that an overall wastewater treatment site master plan be in place to minimize rearrangement of facilities in the future while maximizing land use. The City may avoid moving facilities by allowing adequate expansion space between each operation. The flow of traffic and the r interrelationship of each activity are important in the overall efficiency of the site. Cost savings may be achieved by evaluating what facilities may be shared between the two departments. i , i ! y ! ,t yt. 11 ' f ' i r I J1ltluvrrpYnl Ju f { J t - 26 1 i I I l POPULATION FORECASTS The population projections utilized in the City of Denton's Capital Improvements Plan were employed to predict future wastewater flow rates. 'The adopted plan employed used a simplified model em[ toying a 3% to 5% annual growth rate through 2009. As a result of the rural nature of the area, a small percentage of population utilizes septic systems or other treatment means in lieu of the City's centralized wastewater system, To account for the continued use of on-site septic facilities by a portion of the population, the population model adopted by the City assumed only 97% of the total population was served by the City's wastewater collection system in 1997. The percentage was predicted to increase to 89% for the years 2004 through 2009. In conjunction with this study APAI extended the forecast population projection for the Capital Improvements Plan through 2050 using a flat 3% growth rate con0>tent with the City's long-range water forecasting population projections. Although a limited number of households may continue to utilize alternate wastewater methods, the percentage served by the City's wastewater collection system is expected to increase substantially by 2050. Thus the percentage served is assumed to increase gradually to 95% by 2050. Table I contains an overview of the simplified population growth model for the wastewater service area. I Prediction of the population of the Hickory Creek and Clear Creek Drainage Basins required distribution of the adopted population totals. Data from several sources were evaluated during the completion of this task. Using the City of Denton's current impact fee population projections as a guide, data provided by the Nonh Central Texas Council of Governments (NCTCOG) and the Texas Water Development Board were esnluatcd for use in distributing the population projections into the draina;e basins of interest. The NCTCOG data, based on traffic survey zones (TSZs) as small as a few square miles, provided sufficient detail to allow calculation of the projected population in each basin. The original TSZ data was collected r as part of the 1990 Census, Using the 1990 dam APAI constructed a population growth model to estimate the population of the Hickory and Clear Creek Drainage Basins as a percentage of total service area population. The projections employ a Cohort-Component Model, supplied by the City of Denton, to predict the change i in population hetween 1990 and 2006. The population projections from 2009 through 2050 utilize It flat . J141 3.0% growth rate. The combined model was applied independently to data from the Hickory Creek Basin, the Clear Creek Basin, and finally for the entire wastewater service area. y nrni w.ry,n: i• 6 'r r r 25 X IQ , 32x [ w4.,. o . ~ n . i ` The Cohort-Component portion of the mode, (1990.2008) employs birth, migration, and death rates I to predict future population. Differing migration rate multipliers were employed for each area to ' provide the divergent growth rates predicted. Long-term forecasts 52009.2050) for each area employed identical flat rate growth estimates. Using the modeled population for each year, the Hickory Creek and Clear Creek drainage basin populations were calculated as a percentage of the total wastewater service area (defined as the City's current wastewater CNN) population, The predicted percentages were used to estimate the population residing in each area based on the Wastewater Service Area population forecasts adopted in the City of Denton's Capital Improv-mem Plan. The projected populations of the Hickory Creek and Clear Creek Drainage Basins are summarized in Table 2 . t i j i j a y E is 32x I0 0 e { Table l6implified Growth Population Model Year Growth Projected Percent Population Year Growth Projected Percent Population Rate Population Served Served Rate Po uladon Served Served 1997 3.00% 80300 87% 69861 2024 3.00% 204073 90% 183666 1998 3.00% 82709 87% 71957 2025 3.0056 210195 90% 189175 1999 3.00% 85190 87% 74116 2026 3,00% 216501 91% 197016 2000 3.00% 87746 87% 76334 2027 3.00% 222996 91% 202926 2001 3.00% 90378 87% 78629 2028 3.00% 229686 919c 209014 202 3.00% 93090 87% 80988 2029 3.00% 236576 91% 215284 2061 5.00% 97744 89% 86992 2030 3.00% 243674 91% 221743 2004 5.00% 102631 89% 91342 2031 3.00% 250921 92% 230905 2005 5.00% 107763 89% 95909 2032 3,00% 258513 92% 237832 2006 5.DVc 1 113151 89% 100704 2033 3,00% 266269 02% 244967 2007 5.00% 118809 9917c 105740 20)4 3.00% 274257 92% 252316 2008 5.009c 124749 899c 111027 2035 3.00% 282484 92% 259886 2009 5.00% 130987 89% 116578 2036 3.00% 290959 93% 270592 2010 3.00% 134916 89% 120075 2037 3.00% 299688 93% 278710 2011 3.00% 138964 89% 123678 2038 3.000c 308678 93% 287071 2012 3.00% 143133 89% 127388 2039 3.00'.c 317939 93% 295683 2013 3.00% 147427 89% 131210 2040 3.009c 327477 93% 304554 2014 3.00% 151849 89% 133146 2041 3.00% 337301 94% 317063 2015 3.00% 156405 89% 139200 2042 3.00% 347420 94% 326575 2016 3.00% 161097 89% 143376 2043 100% 357843 94% 336372 2017 3.009c 165930 89% 14767F 2041 3.00% 1578 94% 346463 2018 3.00% 173908 89% 152105 2043 3.00% )7y636 94% 356857 2019 3,00% 1"6035 89% 156671 2046 3,00% 391025 93% 371473 2020 3.00% 131316 89% 161371 2047 3.00% 402755 95% 382618 2021 3.00% 186756 909c 168080 2048 3.00% 414838 95% 394096 2022 30017c 192358 90% 173122 2049 3.00% 427283 95% 405919 2023 3.00% 198129 90% 178316 2050 3.00% 440102 93% 418097 • ' Souse i 190-I00(t) iut:J Populaium from City or Demon. 6o.d Cw Aswmpiimn. CCN Keuialrae foam Alan Mummer kmmes Phme I f Lnrat re 5.hejutr, may :A, i 991 neyond :1109 employ, Phasr l lmpout ree SJtd0t. Shy :r. 1999 Seyand 20119 employs iq annual rrowlh uNfr ncmp 4 p,pulmwn wined i 1 I 25 In. 32JO +aauser ' a 54 , , Tablj 2: DralnpjjLPgji1Pooulation Projections Year Hickory Creek Clear Creek population` Population 2010 48,961 3,606 2015 _ 54,476 6,499 2020 60,145 7,534 2025 70,508 8,833 2030 82,647 10,353 2035 96,863 12,134 3040 113,512 14,220 2045 133,006 16,662 2050 155,831 19,521 ' ' S•wr<e 3D 102050 yopulula, projecliom, Alan Plummer Auoci~la Slmpiifrd Populy,m Growth Hndsl lAnxhedl i I i2 I~ 1 0 ~ i P tr da.•',, 7, x 32 x Q' : F t % 0 i I , ~E 1 WASTEWATER FLOW PROJECTIONS Based ca historical data, the City of Denton's Capital Improvements Plan adopted a per capita wastewater demand of 170 gallons per capita per day (gpcd). The planning assumption was selected following a teview of the average daily wastewater flows occurring in pp.ak months fror, 1988 through 1997, The historical data employed has been included in Table 3 for ease of reference, All wastewater flow projections developed in conjunction with this evaluation are based on the planning assumption on 170 gpcd. The projected average now from each area of interest for 1999 through 2009 Is summarized in Table 4. Table 5 contains an overview of the projected wastewater demand for each area from 2010 through 2050, Table 3 Wastewnter Demand Per Canlte. 1988-1997 1 Year Total Demand Service Population Per Capita ( d 1988 9,28 59,400 156 1999 9.27 60.400 153 1990 9.87 61,900 159 1991 9.41 62,900 ISO iM 9.43 63,900 148 1993 904 65,400 138 1994 9.30 67,300 _ 138 1995 11,32 67,800 _ 167 1996 10.95 68.800 159 1997 12.48 70,000 178 Assumed for Projections 170 Sore* Aye aSt dmly waderxa nowt dunmr peak month from Alan Mmw Ae+odales. Ph"] Impart Fee 90weduk. May 21. 1491. I ~ M genre ppulmirm from Table 1 t {I I ~ may; f r i A, h 04ev.P41! At 10 Q 3X~~ 2 rj 0 f ( Table 4: Prolecled Wastewater Demand 1999.21LOQ Year Wastewater CCN Hickory Creek Clear Creek Demand' Demand' Demand' 1999 12.63 3.9 0.7 2000 13.01 4.1 0.7 2001 13.40 4.4 0.7 2002 1180 4,7 0.7 2003 14.77 5.2 0.7 2004 15.52 5.6 0,8 2005 16.30 6.1 01 2006 17.12 66 0.8 2007 11.97 7.2 0.8 2008 1817 7.8 0.9 2009 19.81 8.2 0.9 Demand is ibe pmducr of the popuUiu. and the Asmmed Pri Capita W'mrtv,mer rkm. nd, Source. Per Capin W mlewaia Demmd, Vunam As4,v4io CupilW 1mr.o,rnor P1m rue Weer and Wane+mer Impxi Feet, Slay 1491, Tabk 10 Fable t: Prolecled Wgtewaler Demand 2010.2050 I Ynnr Wastewater CCN Hickory Creek Clear Creek Demand' Demand' Demand' (NIGD) (dIGD) (NIGD) 20 8,3 1.0 101, 201.3 24 93 _ L l 2020 271- 10.2 1.3 2025 32 12.0 113 2030 38 14.0 I,5 2035 44 16.5 2.1 2040 32 193 2.4 2045 61 216 2.8 2030 71 26.5 3,3 Ikmand ie ;I,e podud CON prpularirn and the Asrumed Per Cnpio WaiieMUer Laud. Source Per Capin Waatwal y brmmd. Pumas Awkialee, Copital Improsement pm foe Wain and N'mle+akt Impw Fn, Slay 1495 Tabk 10 s N hg4a+•p4n; Ja 11 r aI Il ; , x 5 K10 32XI❑ ~ n I q - i I r - a I f I WASTEWATER TREATMENT CAPACITY EXPANSION Pecan Creek Wasiewater Treatment Plant The current capacity of the Pecan Creek WRP is rated by the Texas Natural Resource Conservation commission (TNRCC) at 15 MGD based on average annual now. The next planned expansion will provide the Improvements required to treat an average flew of approximatel; 21 MGD, This expansion will require in general the construction of a new bar screen, ada tional raw sewage pumping, additional primary clarifiers, additional aeration basins, additional final clarifier- an additional chlorine contact basin, an additional filter, chlorne and sulfur dioxide scrubbing equipment, additional sludge composting facilities, miscellaneous sludge return and sludge wasting facilities, and other miscellaneous hydraulic and sludge system improvements. Figure I, "Pecan Creek WRP Master Plan:" provides an overview of the facility improvements proposed. A planning level opinion of cost of these improvements is approximately 17 million dollars (in 1999 approximately S 15 million for a 6 DIGD expansion to the treatment plant including expanded compost facilities and S2 million for improvements to the current treatrrknt Ncilities including filter modifications, / and construction of chlorine and sulfur dioxide containment and scrubber systems. Figure 2; "Pecan l Creek WRP Expansion (Current Projection)", illustrates the timetable required for improvements to the plant. Based on the adopted population projections, average wastewater flows may exceed the rated capacity of the Pecan Creek Facility by 2004. T'he opinions of cost shown below for the improvements and expansions to the Pecan Creek WRP are based on maintaining the same basic level of treatment as currently exists: secondary treatment with effluent filtration. Additional treatment requirements such as denitrifis~tion, phosphorous removal, or some other type of advanced treatment are not included in the base opinions of cost presented in this ~ Study. ' Saleillig Treatment F'acilitles Review, of the population and flow projected for the Clear Creek drainage basin suggests the construction of a treatment plant designed to accommodate the area's wastewater may not be feasible until some time beyond 2050, Based solely on flow projections for the Hickory Creek drainage basin, construction of a satellite plant may be a viable option In the near term. However, site restrictions, potential effluent 7~$ permit requiremenu, and possible customer opposition are potential problem area. Revk'w of the flos e rw,.T h yu 32 x J d r. r ~ ~ x. r 0 , i a r estimates above suggests that a satellite treatment facility capable of handling an average flow of 8 to 10 \ MOD would be required. based on completion of construction in 2004. Fiigurt 3: "Hickory Creek WRP Capacity (2004 Completion)", charts the projected basin flow and the proposed plant capaci,y through 2019. Although a 3 MOD facility could accommodate Hickory Creek Basin flows through 2002, a time period of approximately S years will likely be required to site, permit, and construct a satellite treatment plant in the Hickory Creek basin. If land purchase actions are initiated in 1999, the City of Denton could not expect the Hickory Creek facility to be operational until sometime In 2004. Additional analysis was undertaken to estimate expansion requirements at the Pecan Creek facility, based on Hickory Creek Plant completion in 2004. Figure 4: "Reduced Pecan Creek WRP Expansion r 1 Following Completion of the Hickory Creek WRP in 2004)", demonstrates that the Pecan Creek WRP { may exceed its rated capacity before the proposed hickory Creek Satellite Plant can u~ brought online. If the City does not dosire to assume the risk of exceeding the permitted flows at the Pet to Creek WRP before a sutchte WWTP can be constructed in the Hickory Creek drainage basin. a 3 MOD expansion of the existing Pecan Creek WRP could be completed and in operation by 2002. As illustrated in Figure 4, following the 3 MOD expansion, the Pecan Creek WRP could handle the projected now beyond 2019 assuming a 10 MOD Hickory Creek satellite facility is brought online by 2004. Acceptance of the near l term risk orexcessive now at the Pecan Creek WRP would allow the City to delay expansion of the Pecan Creek WRP until approximately 2010. This would have the effect of "staggering" the plant expansion design c)clee at the two facilities as the next Hickory Creek expansion is projected to occur around 2019. If the Pecan Creek WRP is first expanded to 21 MOD, construction of a satellite treatment facility In the Hickory Creek basin could be delaytd until approximately 2008 with minimal Improvements to the Ilickory Creek lift station Construction of a 10 MOD treatment plant in Hickory Creek prior to 2010 would then delay further expansion or the Pecan Creek WRP until approximately 1023. Figure S; "Ilickory Creek WRP Capacity (2010 Completion)", charts the projected basin now and the proposed t plant capacity through 2019, Figure & "Pecan Creek WRP Capacity (Following Completion of the Hickory Creek WRP in 1010)", depicts the effect of the additional Hickory Creek Facility's treatment capacity on expansion requirements at the Pecan Creek WRP. 13 t~ 32 x Q Y ~Iv . e , 0 ( A conventional activated sludge treatment process with effluent filtration has been ur.d for the purposes of de-,eloping the opinions of cost for a satellite wastewater treatment plant in the Hickory Creek basin. It is also assumed that all of the sludge will be trucked to the Pecan Creek WRP for final treatment. Land Availability and Use The City presently owns over 800 contiguous acres in the vicinity of Pecan Creek. Figure l; "Existing Pecan Creek Land Use Slap," illustrates current land use, The available area can easily accommodate the next forecasted expansion to 21 SIGD. While the size of the property suggests an ultimate treatment capacity of approximately 80 MD. it is unclear if the City could obtain a permit for the effluent at the current discharge point without extending the discharge into Lake Lewisville. Figure 8. "Proposed Pecan Creek Land Use Slap," illustrates the recommended future land use. Once the Pecan Cre tk WRP is expanded beyond 21 SIGD, the resulting subsequent expansion(s) would, for ali practical pv;poses, be independently operating facilities, While administrative and solid handli, g opcmdons cou d be combined to a large extent, the treatment trains would function independently sharing few if any facilities. I C In gathering and assembling data to aid in the identification of potential WRP sites in the Hickory Creek basin, it became clear that the City must act quickly in acquiring additional property as many tracts adjacent or near the Hickory Creek lift station are platted or under construction, Delaying even a few years , uld result in a considerable increase in cost and opposition to the site selection. Data from the City of Denton Planning Department and Denton County Land Appraisal propcrry records were reviewed, and visual surveys of the Hickory Creek Basin were tLen made. Figure 9, "Satellite Facility Site Selection," depicts the general area recom~-.ended for detailed evaluation for a treatment plant site. A riinimum of SO acres Is recommended. The locations and elevations of properties • highlighted in Figure 7 may he suitable for location of a future satellite facility in the Hickory Creek basin. It is nutcworthy that, as illustrated, several large tracts of land have been platted and are currently under development, other restrictions such as U.S. Army Corp of Engineer controlled land and flood plain restrictions could further complicate the acquisition of the necessary land, Should the City of • Denton desire to pursue development of a satellite wastewater treatment facility in the hickory Creek p • a drainage basin in the future to serve the City's current southern CCN as well us potential outside !yf customers, a more d.-tailed site selection study should be undertaken immediately. ~MiY6wpyn; L. 14 ' S t 10 32d o o 0 Wink" Wastewater Effluent Discharge Permitting Issues The general concept of locating a wastewater treatment plant on Hickory Creek has been evaluated with respect to permit considerations. The purpose of the review was not to identify all issues that might be associated with obtaining a wastewater permit for a plant on Hickory Creek but. rather, to determine the relative difficulty or ease of obtaining a permit for a plant discharging to Hickory Creek in comparison to an increased discharge from the Pecan Creek WRP. Additionally, permitting and related site factors were evaluated to predict the relative; stringency of requirement treatments at the two plants. This evaluation, based on APAI's erxrience in the permitting of wastewater facilities, was conducted without in depth analyses due to the limited scope of the project. Obtaining a i,:rmit for an increased discharge at the current discharge point from the Pecan Creek WRP may be difficult. The Texas Natural Resource Conservation Commission jNRCC) has advised the City that the existing stream model indicates there is no remaining assimilative capacity in the receiving stream. To some extent, the conclusion that there is no remaining assimilative capacity may be a result or the characteristics of asailah)e models. Modeling techniques are reasonably well developed for streams and for lakes. However, neither of these type of models is fully satisfactory for the cove areas of the lakes, Ir a wastewater treatment plant discharges to a stream th it is a tributary to a lake. and the majority of the organic load has not been assimilated before now reaches the cove area, the available models typlcolly predict severe impacts on dissolved oxygen concentrations in the waters in the co". The City is currently working with the U,tiversity of North Texas (UNT) to improve the way coves are evaluated in the permitting process, This study will determine if the prediction of the existing model Is accurate. U a modified model cannot be developed, it may be necessary to extend the Pecan Creek WRP discharge directly into Lake Lewissille, Besides the co, a s,f actually extending the discharge line Into the lake, additional treatment for phosphorous removal and/or denitrifi;ation may berequired. j A plant located on Hickory Creek will encounter similar permit limitations for biochemical oxygen i demand i BOU) and ammonia to those established fur the Pecan Creek plant. IL too, would discharge to a stream that terminates i7 the cove area of Luke Lewisville. Although a specific plant site has not been . identified, it is unlikely that the selected location will be fat enough upstream to allow assimilation of most of the organic loud before the flow reaches the cove. Locating the plant a sufficient distance upstreunt would likely result in excessive pumping costs due to the relative elevations involved. ' 10 I 2 D Gr. 1'`A SAL s - aaerasr o r I I A proposed discharge from a plant located on Hickory Creek would also have to be evaluated with l respect to potential impacts on the City of Denton's raw water supply. The City currently operates a raw water intake station near the mouth of Hickory Creek, It is possible, if there were a continuous 10 million gallons per day IMGD) effluent discharge, that during low-flow conditions the flow from Hickory Creek would be effluent dominated. If more detailed hydrologic analyses confirm this condition, it may be appropriare to provide additional treatment at the wastewater treatment plant to ensure the integrity of the water sur ply with respect to the potential presence of pathogens or trace organics. Such treatment processes could include membrane treatment, granular-activated carbon, or high lime treatment. A reasonable alternative to the additional treatment might involve discharge of the plant effluent directly into the Lake• beyond the current raw water intake. Due to the proximity of the City's raw water intake, extending the plant discharge line into La},e Lewisville is almost a certain requirement if significant additional treatment is not constructed Factors that must be considered when implementing a new treatment plant are locating a suitable site and the potential that area residents will initiate a contested hearing process. Siting constraints can include the presence of flood plains (which may require berms or elevated structures for flood protection, as well as mitigation of the loss of carrying capacity in the floodway), presence of wetlands, presence of cultural and archeological resources. and he availability of a site of suitable sires and topography. Because of rapid development in the Hickory Creek watershed and the dedication of a large area to U.S. Army Corp of Engineers, potential sites are limited, Therefore, it is possible that significant constraints may be found when the remaining available sires are evaluated more closely, Most new wastewater treatment fa,ilities encounter opposition from adjacent and downstream lundow ners. Generally, the potential for opposition is reduced if the facility Is located in an area with an industrial character or if the receiving stream is difficult to access. Hickory Creek has the advantage (from a permitting standpoint) of being somewhat difficult to access as a result of the steep, wooded banks present in many locations. However, most potential sites are In areas with access readily available I in the general vicinity, Therefore, obtaining a permit for a wastewater treatment plant In the Hickory Creek drainage basin could potentially require participation In a contested hearing. Although permits are 0 usually granted, ultimately; there are significant costs associated with the permit process. In addition 0 limitations and controls mandated by permit as a result of issues raised in public hearings are fairly common. ,!!rnrv..r~~: Jar 16 k i El 32 x 0 t O f I C'onsequendy, similarly sized plants on Hickory Creek and Pecan Creek will probably have similar permit limitations for BOD and ammcaia. Because of the raw water intake near the confluence of Hickory Creek and Lake Lewisville, more stringent treatment may be required for any plant discharging to Hickory Creek. Should ongoing studies by UNT determine that adapting the water quality model more accurately depicts reactions in the Pecan Creek cove area, demonstrating that the receiving waters have some remaining assimilative capacity, permitting an expansion of the Pecan Creek plant may be easier than permitting a new plant on Hickory Creek. r °r h I 1 k ~ I r r I jb 1 , z ~~'n1c i t r r J 1711111r~.~al it 17 LL, y . f 25 32xId 0 } UV DISINFECTION EVALUATION Process Overview With the recent amendments to the Clean Air Act requiring a risk assessment concerning the use of compressed free chlorine and sulfur dioxide in one-ton cylinders, many utilities are evaluating the feasibli.ry of utilizing other allemative disinfectants that do not pose the same potential risk as these compressed one-ton cylinders. While there may be a significant potential risk from the accidental release of a large quantity of chlorine or sulfur dioxide gas due to a cylinder rupture, the overall risk of this type of occurrence in a municipal water or wastewater treatment facility has been extremely small. However, as a result of the required Accidental Release Prevention Program there has been an increase in the evaluation of various alternatives to traditional chlorine disinfection and de-chlorination. Ultraviolet disinfection (UV) is increasing in popularty as an alternative to chlorinadonlde•chlorination due to these increasing regulatory standards goveming its use, rising chlorine costs, and growi,tg concems that chlorine byproducts present a risk to the environment. At the same time improvement in our understanding of the UV process has kept pace with rapid advances in UV technology. Most recently an increase in regulatory safety requirements, including the installation of scrubbers and containment structures, has driven numerous facilities to evaluate the viability of UV disinfection. Unlike the direct chemical reactions active in chlorination, UV disinfection is a physical process in which ultrariole, radiation causes biochemical reactions in tl target organisms. Although the method of action is not clearly understood, researchers beliese that if a UV radiation dose of sufficient strength is absorbed by a microorganism the majority of the damage takes place among the bases that compose nucleic acids. r These bicchcmirai changes render the organisms "inactive'. I While UV disinfection is effective in the vast majority of installations, there have been a few notable exceptions. In each case the culprit was thought to be linked to industrial wastewater flows accepted by the subject plant. Photo processing plants and large metal finishing facilities are among the sources which • would require close attention. The industrial sources present in the Denton Wastewater CAN do not 0 • appear to rule out the use of VV disinfection Industrial wastewater is an area that ould receive carerui attention in the design phase of any wastewater treatment plant improvements including UV disinfection, ~ r I I ~1h11 e.., p4,: Jas I g ~ I 32XIO o , Available UV Techawav Two installation types are currently marketed for applications in plants with average flows above 10 b1GU, low and medium pressure lamp UV systems. The two installation types can be further divided into horizontal and vertical applications. Horizontal applications, in which the lamps project horizontally into the channel, were popular as the technology emerged, as they could be more easily accommodated in existing chlorine contact basins. Vertical systems, utilizing bulbs projecting vertically from the water surface into the channel, are more desirable as replacement of inoperative bulbs is much easier. In addition, -chile horizontal systems must utilize seals around the bulbs to prevent immersion of the electrical connections powering the lamps, vertical systems generally place all electrical components above the water line limiting the man hours required to maintain the system, Medium pressure installations generally require fewer than 10% of bulbs present in a comparably sized low pressure system. Although low pressure lamp UV systems require more bulbs to treat the same amount of wnrer, the resulting group of lamps actually uses less electrical power than an appropriately sired medium pressure system, While the fewer bulbs in a medium lamp systems should limit number / of bulb replacements required, the reduction in maintenance man hours may less than expected due to bulb service life differences. The medium bulbs have less than half the operating life of a low pressure bulb. In addition, medium essure bulbs are less efficient convening a lower percentage of the electricity to germicidal UV wavelength and a larger percentage to heat. The heat produced can result in increased fouling of the bulbs necessitating more frequent cleaning. In some insmIlations the labor associated with the cleaning of mcaiunt pressure lamps is minimized utilizing hydraulically acturled sleeves containing a cleansing solution. The major advantage of medium pressure systems is the lower capital cost of installation. However, the 0 systems are reportedly somewhat more expensive to coerate and maintain, While low pressure lamp UV systems are a more proven technology, most of the plants employing these systems are considerably 1 smaller than the Proposed Expanded Peca t Creek facility. Medium pressure installations appear to become more competitive in plants handling in excess of 5.10 blGD. Either system could potentially handle the majority of disinfection tasks at the i'ecan Creek Plant United chlorination capability would be required for return activated sludge iRAI, treatmern and filter batch leaning. Additional chlorination caoability a ould also be required in the event th+ City desires to market non-potable reuse water. In some cases the chlorine needs of a UV disinfected plant, including PAS treatment, filter batch cleaning and I~fil~llYi.rlN;A\' 19 , R tsuwmue { potential reuse demands, can be met with smaller containers or non-gaseous chlorine products such is 1 sodium hypochIorite. Feeding chlorine ate 4 mgA rate and providing 4 MO0 of non-potable reuse water would require about 130 pounds of free chlorine per day. This feed rate could be accomplished using }'1 150 lb. chlorine bottles or liquid sodium hypochlorite, eliminating the need for one ton chlorine cylinders, scrubbers, and the development of a risk management plan , i I i i G ~ I r M i I• 1 r ~1 ~ tY x. I i r ~ ,~,«IR..aw 20 t z, Zs x 10 32 In M"OMM 0 O 1 PLANNING LEVEL OPINION OF PROBABLE CONSTRUCTION COSTS Based on the projected wastewater flr ws, planning level opinions of costs have been developed for the wastewater treatment capacity increases required. The cost of treating the projected wastewater flow with and without the addition of a Hickory Creek facility his been considered. The planning level opinion of probable construction costs included below are intend to facilitate the comparison of treatment options and should not be relied on for capital budgeting purpos s. It should be noted that if all wastewater treatment remains at the Pecnn Creek WRP. substantial system improvements will also be required to convey the flows from the Hickory Creek brsin to the Pecan Creek WRP. These improvements will include expanding the Hickory Creek Lift station from its curret,t 10.7 MGD peak apse ty to an estimated ultimate peak capacity of around 45 SIGD. This could be accumplished by paralleling the existing 24-inch diareter force main with an approximately 42-inch diameter line, and paralleling the 27 -inch gravity sewer from the Hickory Crect force main to the Pecan creek WRP with an approximately 54-inch diameter gravity line. Future development in the Pecan Creek basin may well require an even larger gravity line. However, it may be more desirable to continue (a extend the Hickory Creek force main directly to the Pecan Creak plan;. 'With minor pump improvements, I i the current Hickory Creek Lift station and force mai.r appear to be adequate until approximately 2008. An approximate opinion of cost for these necessary improvements (assuming the 42-inch force main is i extended to the Pecan Creek WRP in lieu of paralleling the gravity line), is iu the order of $6 million to I $R million tin 1999 S and excluding easement and land costs), depending on the routing available for the I force main and the available land for the expanded lift station. It is possib a that some of rheA costs could be phased-in over time. i The total opinion of probable cost di ring the next 10 years for expanding the Pecan Creek VW to tr_at all flows for the City is approximately S31 million: 915 million for the expansion of the Pecan Creek 11RP to 21 SIGD. S2 million for "immediate" improvements to the Pecan Creek WRP, potentially 56 million for extending the discharge into Lai! Iewisville and providing additional treatment, and approximately $9 million for improvements and modifications to the Hickory Creek Lift Station and tl e i associated force main (1999 S). In comparson, the total opinion of probable cost of constructing a new 10 NIGD Hickory Cr:ek wastewater treatment phut, along with necessary "immm rate" improvements ` to th; Pecan Creek WRP. is approximately 936 million (1999 S) including 91 million to extend the J disvh+irge line directly into Lake Lewisville. Additional treatment, if required, for potable source water protatiou could add another $20.530 milli; t to the cost of the Hickory Creek plant. The addition of UV N1ihi V. ~rym: Jw 21 _ r 1{ 32 X ~7 n " , Y I n 1. c Y WAWN" . :.--nom... - ~ '4 L JIJ 1 ' j disinfection would increase the cost shown by approximately $ l million. Tables 6, 7, and 8 summarize ` - l the cost of the projected improvements in 1999 dollars. It should be noted that all of the opinions of cost contained herein are very preliminary and are intended to be used in comparing options and not for capital budgeting purposes. The costs include probable design and construction elated costs, but do not include costs for land, permitting, legal, or financing. More detailed evaluations may result in these preliminary opinions of cost being reduced. yC i l i ~t I -t r. C. 22 % a1 0 3900 fl, mil 1 e 0 1 'Y nAayty I ~ ` Table 6: Pecan Creek Planning Level Opinion or Future Expansion Cos (Pecan Creek 1YRP Receiving all Wastewater) Year Pro IC Cost Total Plant Ca acity (MGD) 2002 Expansion 1,6 MGDI' 517,000,000 21 j 2002 Extend discharge into Lake Lewisville S6,(YA,000 NA and additional treatment) 2006 Hickory Creek System Im rusements Se.000A00 N/A 2010 Expansion 19 MGD! S27.D00.000 30 2022 Ex ansion f 10 MOD) 530.000.000 40 2032 Expansion (10 MGD) $30.000.000 50 2039 Ex ansion (10 NIGD) 53D,DOO.DW 60 2050 Expansion (15 MGD) 535.000.000 75 All Coin we in 1999 )khan, 'Includes 6 NGU exp]nsla, and "immedwe' Impro,cori Ifilitr modinomons. iml.mlmion of scrubbers and containment susimm, in aJJilron to various plw improicmcros). eonsersion l o U Vdmarecnon would wW approximmely Sl.OW.:)OOto the not of this ecpanston. 'Nlaylx required far permacamphmce 'Imprmemenu allowing a peak flaw or appraumalely as SIGD to to transferred rrotn the Hickory Crock burin ra the Pn]n Creek %PP ~•vcludm eammenr ]ndlaod cnsts Table 7: Pecan Creek Planning Level ODininn of Future Expansion Cost (with Hickory Creek WRP In operatnn by 2004) ( Year Project cost Total Plant Capacity, (MGD) 2002 52.00000 IS Near-Term Pecan Creek WRP Improvements 2002 Extend discharge into Lake Lewisville and 56,000 )O NIA additional treatment) 2012 Expansion (3 MGD) SIR000,000 is 2020 Expansion 13 MGM 510,600,000 _ 21 ,00 Ex ansion (9 MGD) 527,000,000 30 20x0 Ex ansiun 110 MGD) 530,000,000 40 2050 Expansion 110 MGM S30 DW.Dtb 50 -Al I Crnh are in 1999 Du lan in.rease Filter Capxily. Add Chlonm jalful Dioude scahben and aher misc. lmprovernents, eith t1Y Jisinrcstion c'ml estimated lobe inirewed b) approsimmely 51.DM IM a the Pecan Creek 'A PP 'Nay be n•gwted fa Permit compliance Table S: Hlckorv Creek Planning Level ODIC 'rii r,l' ('0iure Expansion Cost' Year Project Cost Total Plant Capacity (NtGD) '_003 Initial 10 NIGD Construction 5]4,000.000 10 2(X1.3 Additional eosl for source water protection' 530,000.000 N/A 2019 Expansion (SMGD) 515.000.000 IS '019 Additional cost tor water proteetwn' 515.000,000 15 0 All Citt we Prot IJeJ In 1999 Collars. evcludinr Ian] coils 1 sludge trcmment cosh pro i k hr expanded faetlimm a the Pecm Creek N aP) ' i rlondfeu sepal I to l i m lode ea endi ng i he d isuha gc line into lake U w o silk I di soused in I he "Permit ng Is Net & lr,ncct the Clry't dripong %alit intake. Iu:meJ on Lake Leaisnik v the mtwih of H,dm Creek `AJJewnil laahuci cool] msluJe membrane fJnatnul, GAC.ornnatnm, anJ/a hl{h lime pH tre]ImenL 'I ,t•.mlv..pw]a. 23 r. Ohl 32 ~Q O 1 C UV Conversion Costs An initial opinion of cost of a Vertical Low Pressure UV system capable of treating flows of 21 MGD f + (average) and 63 MGD (peak) is approximately 1.7 million dollars (1999 S). This estimate includes $950,000 for manufacture and delivery of the UV components, $200,000 for construction of a channeled concrete UV basin. $190,000 for installation and testing, $190,900 for construction and planning contingencies, and 5150,000 for engineering services. The above estimate is based on budgetary figures provided by the three major manufacturers of UV equipment in the United States, Infilco Degremont, Inc., Trojan Technologies, Inc., and UltraTech Systems, Inc. , Trojan Technologies, Inc. currently markets the only viable medium pressure system. Selection of a UV specification including one or both of these systems would entail a more detailed analysis of the wastewater treated at the Pecan Creek Plant in concert with a net prestn} value analysis of the operations and maintenance costs involved. It is noteworthy that the need for a number of improvements associated with the next plant expansion would be eliminated following a shift to UV disinfection. Improvements to the chlorine and sulfur dioxide storage areas wo ild not be necessary, as only a small of chlorine feed capability would have to be retained. In some installations it has been possible to shift to non-gaseous chlorine products. In addition, expanded chlorine contact basin area, chlorine and sulfur dioxide containment structures, and chlorine and sulfur scrubbing facilities would not be required. The planning level opinion of cost of these R eliminated improvements is $500,000 to MOM. t , I t r~ ~ 0 f 24 , ,4R ~e. h 'i 1, < t~~, 2 15 >K I a 32X i Q -21 » 0 \ MAINTENANCE AND ADMINISTRATIVE FACILITIES The offices at the Pecan Creek WRP are housed in five separate locations. They consist of the main administrative building, the instrumentation technician's office, the maintenance office, the solids office, and the electrician's shop (located at the water treatment plant). Communications and operations could be greatly enhanced if these offices and workshops were consolidated. The WRP has no training room, and the computer control room is cramped for more than cne person. The instrumentation technician's office is presently on the second floor of a converted process building and is too small. The instrumentation office would be more accessible if it were on the first floor. 1 he WRP administrative offices are presently combined and shared with the municipal laboratory. The lab has 26 permanent employees and is overcrowded. Two tomporary trailers have been added to house personnel and offices. The WRP currently has many tracks. vans, and vehicles in addition to mowers, tractors, two sludge injection vehicles. pumps. and spare motors and equipment, much of which is continuously exposed to weather. The NRP currently has one heavy equipment bay in its maintenancx facility to work on vehicles. The current facilities are undersized and will fail to meet the City's future needs, f i The landfill currently uses eight trucks in collection and transportation of commercial and residential municipal solid waste. Landfill operations require the use of compactors, grader, earth movers, and waders on a daily basis. In addition, there are five (5) to eight (8) miscellaneous vans, pick-ups, and other light duty sehicles regularly in use on the landfill on-site. The landfill presently has no heavy equipment or light maintenance facility on site. When equipment breaks down. City personnel must improvise an i r on-site solution or have the equipment towed off-site for repair. i the solid waste department currently employs 62 personnel. Nine employees are office staff. 8 employees are at the landfill. 19 employees are in commercial collection, and 26 employees are in residential collection. 54 employees are stationed at the ov:rcrowded service center and 8 employees are located at the landfill site. The landfill office is currently moving from one converted residential-type tl house to another. Buth houses are on-site. The new office/house currently accommodates all of the e present employee's need, but will not meet future requirements. i) 1 l 1 25 a 's r r w f~ Q 32xIQ 1 • O ' i I RECOMMENDATIONS Because of the uncertainties of permitting a wastewater treatment plant on Hickory Creek and the need to meet the projected wastewater treatment requirements, it is recommended that the City of Denton proceed with the planned expansion of the Pecan Creek WRP. An opinion of total project cost is approximately $17 million (in 19998): S15 million for a 6 MGD plant expansion, S2 million for immediate improvements to the existing treatment facilities. In addition it may be necessary to extend the discharge into Lake Lewisville and provide additional treatment for approximately another S6 million depending on the eventual discharge permit requirements. By approximately 2006, S8 million will be required for expanding the hickory Creek lift station and force main. Based on land availability, likely effluent di--barge permit restrictions, and the potential for public protest, immediate construction of a satellite treatment facility in the Hickory Creek Drainage Basin does not appear to be a viable option. The 6 MGD flow expansion of the Pecan Creek AW is projected to meet the City's wastewater needs through approximately 2010. Because suitable sites are rapidly being developed, if the City desires to maintain the option to construct a satellite treatment facility in the Hickory Creek basin in the future, it ( is recommended that the City immediately pursue selecting and purchasing a site i Conversion to UV disinfection in conjunction with the proposed expansion or other near-term plant improvements appears to be a viable option for the City. Although conversion to UV disinfection would increase the opinion of cost about $I million, it would eliminate the potential risks associated with handling large quantities of chlorine and sulphur dioxide. In addition. construction of a new administration and maintenance building at the Pecan Creek WRP is recommended. The proposed facility would house the administrative and support functions of the %W and the landfill. The cost of the recommended administration and maintenance building is not included • in the or'nions of cost for the various wastewater treatment options presented above as construction of the structure could be delayed or conducted in phases to meet the City's budgetary restrictions. The recommended faci';ty would address overcrowding problems at the service center in addition to space limitations at the WRP, laboratory and landfill. The facility could be sited to house the equipment needs • of additional City departments if desired. The building(s) should be designeu in a manner permitting easy O • expansion in the future. I rnn,...N. a. 26 1 t 75'n 32x~❑ x h ~~I } 't i r°\ v' t~~ wr p~. c ,'y , I .i~ Y ~~Y ~ BIZ' 1 ~ 1 • t' A ~ ~,$I rr~s Al AJ s, I o•. frum~ixewu...ryrrrww~e Yitl "d;ll YY4y"n""M+tfhvNkwrurrt., r .nn... r .,•„q,., 1:,...n .w.,: ~ . ' t BUT MESS IN mpAgE 1 BWRNA i r- - PUMP S1AApl I . M0. AY AMBAS _ .add. X. 4~ dwmAn Ed10.i;A9al IASN Awa avc to ~om j 9u04 NESTS 09EM _ 191 N"K IN9n tligl SCQI I'-ID' I GAll REMOVAL/ - "INSTAL r- ILL - [2taco..... nmlNn a;oa ~ SLUDGE. DRYING I Ff 1 MAIL pftwy . Lta anw No i B k f . MARY T~Dv MAI MAP 1100 - Aty . . _.~i. iORiaC PW IAY'1 M - r M1J M. j SALTO ~'~S Ii M~Mr n4 y} A k AAB R _ R.~MIq OWNS AhaP! O 1 K NUUTAIN I IL" plme ao CLAW IM to nAArU IFDAB~ _ gAAAA1RI IW NIA kA emOPIKATON NATO SI.NA pG11JI anWrom Raga ON I - AMAna IALB AgAIM IASNS RIG Wl 1 4 3 ASKS , IuNdNC A, I N 1'.. . nrtA Iw: ~ 1 (sac _ . _ . _ . tNaAn 0 i ton nrtAA.,a - ' - AwaVOTING aA ; A Idlxi I M'`N.. M0. ~A~NYY~ 11d, FINAL M M. A „ MI d•Y~V}FI 0 N"1 Aal -74 1 Y p~~fS ' Y SLUDGE M Es'7 _ RANNA tNR nNA p v M aMna 1 A. MARIO _ 1..._.... 1 ~R KEY WIN •,A / . _ _ L Ms DRANK is 090,40 ADR GMAS AAaNAn71 44 ORWAea % 1 _ ! IA6OKS dlr Loa 1, 1✓ `A, ~A A SMnNC BtAUCMt wt mo- M ¢NAA, tl to is SCALE (N aiND A DRAMf'♦i y 0(CA r; SAM _J Df9bN[DH nr: FIGURE 1 pAAIABn CITY OF DENTON TM.S ® PECAN CRr.EK WWTP MASTER Purr ~ 'I S!.. CHECKED Ir' n AtMCN[D Br fu~,n4r 'henmmt laldnln~ 14pori , ` I,g , ~J,I,, I;A I ~ ' 4'A Y 'S7, AA ~ r A` N NA Nj ',~.-~2►~'xla^, t^~ ~d~ nk 2 L.L I VGX~~ h.. 1 e r O 1 3t1 25 Projected Pecan Creek Capacity I j Projected Wastewater Flow 3 a ' ' t ~a,~l~i{~j. l: (yi}'.., awe [gtt t. rr '~i`~`L a '9t 0 t r „'M eta 5 41'{ i' W. yti !.•:'1999 2000 2001 2002 2007 2004 2003 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2011 2018 2019 I'I Figure 2: Pecan Creek WWTP Capacity (Currently Projected Expansion) 32XIO 1 0 I 1 'CGlMM:1A I 30 f 20 1 • Proposed Hckory Creek Caprity 10 5 Hickory Creek Basin Rckcted Wutewrer Flow 1 BeglnConstruction s 1997 2000 2101 2(02 2(X13 2(9)4 2005 2106 2007 2106 2009 2010 2011 2012 i013 2014 2017 2016 2017 2016 2019 • Figure 3: Hickory Creek WRP Capacity (2004 Completion) i . 32A a .i wAF/ M4 1 'I:.FMa1 9 30 25 I 211 - _ - 4 Piajectcd Pecan Creek Capacity Y ProJecttxl Wastewater Flow 10 1999 20(X1 $Xil 2002 2003 2004 2003 2006 2001 2003 2005 21,,0 2011 2012 2013 2014 2015 2016 2017 2016 20191 ! 1 Figure 4. Reduced Pecan Creek WRP Expansion • (Following Completion of tie Hickory Creek WRP in 2044) I 3 2 ~r 0 , U 30 25 i U - - - - - - - i S i IS---._.___..___..--------__--- ProposW Hickory Creek GPecity t ID 1 ickory Creek Basin Projecled Wastewater Flow 1979 ZOO NMI 2(X)2 2003 X21X14 2005 2006 2007 NN16 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 • Figure 5: Hickory %.reek WRP Capacity ~ • (2010 Completion) .w ILI 32XIO a l a i I CIEI 30 i Projected Pecan Creek Cop icily 20 - Projected Wastewater Flow i t I )l i i !r •.~.,'d~~i•>'~f ~I.f is 7. t,`Yi~'~~ ~y 19`Y9 21Mw 2001 2002 2007 2004 2007 20(X6 2007 2008 2009 2010 2011 2012 2013 7014 2013 2016 2017 2018 2019 Jigure b: Pecan Creek WRP Capacity (Following Completion of the Hickory Creek WRP In 2010) r f ,rj r r i~' h .1 ~ Y. 1 1 k ~~d! ~{li. y1 r " i ' 4M ~ lY•?1h J~ ~'i ' R',tl M 6 b ~ l J 1 rV, Y 1 e r IY i v 4r ~t 1 3 ~i iL~d r I Y ra Y n . ::..«a o.;: rrxo-... s ~ . ...a,wrv.mrru...,.,r,....,;.., i , 1yJ u t ~ c c CT(~~~.J1I f ri r~~ II I { 1•-~ sd lu4yl w pp tAA7 u1 tR e , i t~j Ire 74 1 7 LWWft 52.... r 'ti q' . ~o { 77 A. III ...llQ / IF 'A 11 1/ i. Zs 04Y , 'r0 nn.arr.e:mes . X,, r ALA r N X ROPOML R r, bo~PNWMM r ` RNlrwa low rostte MM Y M° 1 @~~I' _ ~ ~ 1 IrBMOMOIIIMO001M111 C' a.°1 r nl ° nl A LL L L c r fir.-~ $ -r\ Fh \ \ ® OOIMN FAUM L°M v 11111MtOM fhr ..y MRIMNfMr1 1Mr .l P. A rooll" 11110" `11%. - fMflMLMORI M1 W I111F1 -L.!. ~ ~ .AAL'• ~ LIYTMOM01111110PW"" nn t rn ~~rr7 Y =w'~ ..LL ho Is DNt`p«mKtn },b~ti -may NAND u. al'AM cHa r _ - 'Yii AND wan+ k~aunv. °z1 oK Ira ~3~r DLWNED Ii FIWRE 1 ORA*% W l , CITY OF UNION, TWS ° nLtrto 1r WLMVAta rRtArWIRT itAl °ppM EkISiING LAND U5. SAP S wnT rLN_WW 1r AA ry G - W~5 ~ 4'iris C:l^K I~.1 ~ LY 01,41 wre^. rr er,: "y ~L5X X14)`#~'a~ 1 4M 77 r r 'I uHFF 1',i 1 r• el"yyr 1 1 i 77- r r, NraN.r umu«0b0..wr40010 j Goo TgMrMPMM At" ~ 11M ` MNMW- Y[IUA ADsA _ fill -00 800 .:.x.00 0*WTIAgLR11 'I OMIIII i / I{NAIIZOIr as IPA Mail a raw MI g M POW" s 1. / it / /x 101YtANlL00011NN 11110. $ asl 0 ~G t 7 N0111M1TA11A 111N ~d'' ~r; g wo 0"M AM" m3m. MGW t y s llw♦110 LANOM I wI Ml i •r11 it 1~_r..J FH SE E li. . it?Ezc~ PHASE` c Wd11POMM mlri \ IVVVY'" \ i ~ y' 2s = N NOW 2aft AM 1 ~ L SE 'PH E 14~J pp ~SE f~~ n nx aM :rraa , ;x awlir NI>wr„ b[ a Gd +vt It&SI 4Tt4Np Fl Ad ! D( Ilgl _ o~sc~roE+ - CITY OF DEhfONI TEXAS PROPOSED FECAr~ CREEK LADE USE VAF G~2 _ CHECKED Er 1~TCE►GSA tAIIMN} n un+wc uaoRS A[la[r•[0 N +L , . r,r 32X 25X r 5 • 7 xrl r 4 S~ +r ' ' }T x' 4 0 t Pa41~ ~ ~ r t''i it ! I 1 Denton I w~ y v 10 J ~~Vu rt Vy G 16 Area of Potential Satellite ( Plant Location 1 24, r ~ 1s J _ ' va moo ? Hickory Creek , ' lift Station 10u 1 'IF I /f F P u r 6 [P X P.: ' ' n . ,,1'~CM Is wviA.S' 4rccc+~Xrxg ItYJPIi ' rry,'lt' ~ xsr~Ea~r ~ ' CITY OF' DENTON, THAS SAlMITE FACIUTY SITE SEIECTiON CHECKED By AbtMC 0v , 11 rye. 1 ~M1 Try 61F Y•; i. - , ir. r ~j Ann= n'"~x~0 ?5 x 10 ~2x25 r.~ o c I1 i I i Pecan Creek WRP Master Plan Stones Belt Press t~ PumpSUtion a Building Building scdel Feet and Blowers r, Olumal Equalization Sludge Dry ing Bad DIp Dlg OMfu Basin t OT 1 DTS Sib go do A Admin 00 Sludge Dry ing Sod O PC 7 PC + tI FT1 O / PC 6 BBB ! Q Stqormwalsr Eormation Sludge Drying Bad S (PC 6 OOO CAI !forra ge Basin r t.. AB A8 n ♦ n r CMtN} 8vIPNr f ! l1:4 Storage Sludge Dry ing Bad WSPS ® FC T FC 1 FC S FC 4 ' 0 FC 1 RS Chiorina FC t OFC 1 n . Contact Wehforfnatien REPS S Basins Be" Dark Gray Shading Is 8 MGD Expansion EXHIBIT III . K i r~32 x 10 r;* I I Proposed Pecan Creek Land Use Map K'V E"nrlon 0 1000' Relocated ayhilll 40AMD Treatment lant Rd, JD It ' In rsection ° Pe an vn!vmal Soa r■dnry lf r7 Crv yr,r fi m Aran toaa. ~~I- WRP ©Compost Facility 20 se. It, .,r UBE, °w~ {20 MG0) 4404id Buffer Zone 47 ac. Reeaa: i`ac100 Year Flood Pialn 167 me. ,a.m°i°' w1Rrlae ' Q No rth we a t A re a 162 ac. e1~ Other Areas 268 me. Phw 1 PermlNed Landfill 241 me. r ! Zf Landfill Permit Boundary hu Phe dhael f;;;;;,;;;;;„ Limit of City Owned ProGert Ic ?C IC t^ Area to Receive Waste P"' T+ iii i V Y !d 1J :tit a•'av~?~~h1~~~ Ilwf.~ r`M` PA,E•'~ r ,g/~~irja,~J~aii~'! Mr JA M 'rid rVif~V i aiiaa~ a' ~aar~ 8 I O 1 r , Pecan Creek WRP and Hickory Creek Lift Station i Location 1Viap Pecan Creek m Water Reclamation Plant -TAT City of Denton 0 s Lake + ~--*7- ewisville 0 p • o C~ { EJI~ i~ Hickory Creek Lift Station ~ o fh I o VWK" Option I Pecan Creek WRP Expansion (Current Projection) 30 - 2E Projected Pecan Creek Capacity ssssssssssssssssssss?csss@ ssssssssssssssssssss s 20 r ° A a aste"'ato to 0 0 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 Year I 2.5 32 x 0 r c i I Option 2 i Hickory Creek Construction 30 - - 25 20 F Begin Construction A t7 15 Proposed Hickory Creek Capacity CA 10 &message sesame a I • Projected Wastewater Flow S ~ (Hickory Creek Bann) J 0 "Q* *Gossip 99 00 01 02 03 04 b.+ 05 07 08 09 10 11 12 13 14 15 16 17 18 19 • Year I i i I "&4 o , } l Option 2 Continued Reduced Pecan Creek WRP Expansion (3 MGD) 30 - - - 25 20 Projected Pecan Creek Capacis' .y 15 stewater Flow j OoOOOP" * O'ajected µ'a 10 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 1a 16 17 18 19 a ,a Year *Assumes Hickory Creek WR , Begins 0 eraHan In 2004 r` ,5 iG 32X10 s o i I Option 3 Pecan Creek WRP Capacity (Following Completion of the Hickory Creek WRP in 2010) 30 - 25 Projected Pecan Creek Capacity asssssssasssasssssassesses sease ssoossssssasses*assesses 20 • a 11 r how ~s aasasaaa~ u,asteWate___.___. _ ~ projected 10 01 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 Year + Assumes Hickory Creek WRP Begins operation in 2010 ?5 k 1❑ 32x 0 r o Option 3 Continued Hickory Creek WRP Capacity (2010 Completion) 30 25 I 20 Projected Pecan Creek Capacity 0 10 (A...a.......Does ..as I S ater how projected Wastew Creek Basin) - e (IHicko►y' 0 ~4 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 Year E 10 32 X~ a ' o Opinions of Potential Cost Thru 2010 (1999 Dollars) j Expand Pecan Creek WRP 2002 6 MGD Expansionl $ 17 Million New Term Improvements I 2006 Expand Hickory Creek LS / $ 8 Million Force Main $ 25 Million , HickorvCreek Satellite WRP 2002 New Term Pecan Creek $ 2 Million WRP Improvements 2004 10 MGD Hickory Creek $ 34 Million N'WTP $ 36 Million 2002 Extend Pecan Creek Discharge $ 6 Million Into Lake Lewisville r 3zxICJ ' o I Recommendations ■ Proceed with immediate improvements and 6 MGD expansion of the Pecan Creek WRP. ■ Conduct a site selection analysis for a WRP in Hickory Creek and determine the viability of a plant in that watershed. ■ Evaluate conversion to UV disinfection during design of 6 MGD Pecan Creek WRP arpansion. ■ Consider adding a new combined administration & maintenance building for the WRP/landflill in the fixture. ti ■ Planning for a WRP in the Clear Creek Basin is J not warranted at this time. `fit LRt n -;,,r~''w ~4► xJ 32 X L! 1 A i IOWA U ,•rwane~ Ago:'idi riL Agrnda Ilia/~ a AGENDA INFORMATION SHEET Odle AGENDA DATE; December 15, 1998 DEPARTMENT; Utilities Administration ACM: Howard Martin, 349-8232 RECEIVE A REPORT FROM STAFF AND HOLD A DISCUSSION CONCERNING THE EXPANSION OF THE CITY'S WASTEWATER REUSE PROGRAM. BACKGROUND: I I Substantial population growth in the State of Texas, escalating cost of raw water procurement to sustain the population growth, and the severe strain on Hater system during drought years are J generating interest in the use of the effluent from the water reclamation facilities for irrigation 1 and industrial uses. As the quality of the effluent from the Water Reclamation Plants has improved due to higher levels of treatment, water reuse is becoming more viable, The Texas Watcr Development Board is actively supporting the use of the WRP effluent for me above uses. The TNRCC has also adopted regulations to establish parameters for the design and operation of water reuse systems. 'The concept of recycled water is not new to the City of Denton. The steam plant at Spencer toad has utilized the effluent from the Pecan Creek W'RP for cooling towel use for decades. The infrastructure in place to provide this service includes a pumping station at time Pecan Creek WRP and an 18-inch diameter pressure pipeline from the pumping station to the steam plant that I discharges into a 14 million gallon capacity holding pond. The Pecan Creek W'RP is currently permitted to discharge up to 15 mgd of treated effluent into Pecan Creek. the Wastewater Treatment Planning Report prepared by the Consultant Alan Plummer Associates, Inc, recommends expansion of the Pecan Creek WRP to 21 mgd. llowevcr, the TNRCC has indicated through the modeling they have done that Pecan Creek may not be able to assimilate the discharge of any more effluent from Pecan Creek WRP. This could result in the lowering of effluent standards for Dc-iton's WRP in future discharge permits. Tile City has engaged in developing a site specific nto,'ei of Pecan Creek with LINT to determine the impact of higher discharge loadings from the Peca m Creek WRP. This study is in progress and initial results look promising from actual field data cotlecled. Direct reuse of the effluent for irrigation and industrial use will result in less efllucnl discharged into Pecan Creek. A viable water rcusc system may help the City in permit negotiations with TNRCC as it results in less mlrient load on Pecan Creck due to Iesi discharge of efflucnl. Another factor to consider in determining the viability of expanding t`e City's water reuse O system is time availability and cost of raw water in the future. The current population projections t developed as part of the impact fee process show that tht; City will begin to utilize all of the raw water allocation from Lake Lewisville and Lakc Ray Robcns by the year 2015. Development of additional raw water ca^•PJity is an extrenmcly expensive proposition. A water reuse system can shave time peak load un rte water treatment and transmission systems as well as shave off some t PO .)7 Id "12x1o 0 base load. In the future this can help extend the capacity of Denton's water treatment plants as well as the need for additional raw water. In 1986 the Texas Water Commission designated the Dallas-Fort Worth, Waco area (including Denton County) as one of 17 critical ground water areas in the state. The primary concerns of the State were that severe overdrafts have rendered the Trinity Aquifer virtually non-renewable, and that the potential for water quality degradation on a regional scale exists because of changes in the geohydrologic regime brought by extensive withdrawals since the early 1900's. Through regulations, ordinances, policy statements, letters of co teem, ctc, the Texas Water Commission, North Texas Council of Governments, Upper Trim!; RWD, City of Denton, and others have expressed concerns for preserving the integrity and reliability of the local ground water supply. Reuse water can provide a feasible cost effective alternative source of irrigation water and help alleviate depletion of the Trinity Aquifer. With the above objectives and contingent benefits available f om a water reuse system staff has begun work on a reuse feasibility study. The initial approach has been to utilize the existing infrastructure that is in place for the steam plant Two possible routes for a water reuse pipeline have been studied. These include a transmission line up to the North Lakes Park which would include service to the TWU Campus, golf course and other customers. The second route branches off the North Lakes inc .and traverses to the UNT Campus picking up customers along the way. Based on the recer.' oillings the irrigation demands have been identified (however, the customers have not been c tacted). A water distribution system model using the Cybernet Model has been developed tt ctermine line sizes, pump and motor size, and system pressures. Vcry preliminary cost esti :s have been developed. The above engineering and cost analysis is included in Exhibit 11. s initial feasibility study shows that a viable water reuse system can be developed provided jugh customers are motivated to use the system. More engine-ring and cost analysis is nc A to make sure that the system meets all regulatory criteria, and the cost structure satisfies all engineering, regulatory and customer requirements. OPTIONS; Continued use of surface and ground water for irrigation and industrial uses. 0 $ECONIMENDATIOti ; Staff recommends continuation of the effort to further study the water reuse r.ystem. t PRIOR AC'f[¢uY/REVIEIV (Council Boards. Commisslon): Public Utilities Board approval of staff recommendations on December 8, 1998. O • v FISCAL, INFUR_NWjQN All work on the study is being done in-house by the staff, 75 I 32XIO Y. ' I 1 i I UfM771~117 r C 1 • i..i.~,.i 4 rV'r nt'.Y:v.V~ ir'~5.1`[MG~Rff..<R'n'v'. •flk.tmlrny~~'w.l ~ ,....i ~ 1 , I. MAP. See Exhibit 1, Respectfully submitted, JAT)rdan Director Water Utilities Prepared by: . it i~'~4' ~ - P. S. Arora, P. E. Engineering Administrator I i Exhibit 1: Water Reuse System Route Location 1 Exhibit II: Preliminary Study: Water Reuse System i Exhibit M: Water Reuse Program Highlights i ,A I I ~'y t 1 i I SIP i , I t. r, i 3 I~ , f- , r .r.ARtN ~~A+a~+1 ,~1 I~~'ll~ X ~0 I, ~Ir 34 /\~i I ~ . I WON" a . w ® E S { 57 aoaa.t ~wrxit 672"A2 w4d ettu eerr ewr.. TM C~ I I~ C arOA-IORvd { al"m ryr olds cord" lrk u -F~~. urrta .C.~~ -V u O.M aO&awsN 1 ,I . l ; J r j wnaw.,w KAM - - urn ooM Can. C16'0.43 w9d 7 ✓ fir. ~ ~ _.1._, r r i cm- t` ~ r YNr Awry. MinriNU~ Orhrl.nl 04d Ilk Water Rouse Plan - Exhibit I x 3 02 X 4n ♦ , i 1. V M i Awswum . PRELIMINARY FEASIBILITY STUDY WATER REUSE SYSTEM EXPANSION PREPARED BY: r WATER /WASTEWATER ENGINEERING DEPARTMENT i 1. ,•(1 a 5 EXHIBIT 11 oar ' ~r x l ~d ' 32x ❑ O INTRODUCTION LL rK.OJECT BACKGROUND Substantial population growth in the Slate of Texas, escalating cost of raw water procurement to sustain the population growth, and the severe strain on water system during drought years arc generating interest in the use of the effluent from the water reclamation facilities for irrigation and industrial uses. As the quality of the effluent from the Water Reclamation Plants has improved due to higher levels of treatment, water use is becoming more viable. The Texas Water Development Board is actively supporting the use of the WRP effluent for the above uses. The TNRCC has also adopted regulations to estab!ish paramcters for the design and operation of water reuse systems. The concept of recycled water is not new to the City of Denton, The steam plant at Spencer Road has ukilizcd the effluent from the Pecan Creek WRP for cooling lower use for decades. The infrastructure in place to provide this senicc includes a pumping station at the Pecan Creek WRP and an 1 8-inch diameter pressure pipeline from the pumping station to the steam. plant that discharges into a 14 million gallon capacity holding pond, The Pecan Creek WRP is currently permitted to discharge up to 15 mgd of treated effluent into Pecan Creek. The Wastewater Treatment Planning Report prepared by the Consultant Alan PlUrpmer Associates, Inc. recommends expansion of the Pecan Creek WRP to 21 mgd. I lowever, the TNRCC has indicated through the mo:lcling they have done that Pecan Creek may not be able to assimilate the discharge of any more effluent from Pecan Creek W'RP, This could result in the lowering of effluent standards for Denton's WRP in future discharge permits. The City has engaged in developing a site specific model of Pecan Crack with UN] to determine the t impact of higher discharge loadings from the Pecan Creek WRP. This study is in progress and initial results look promising from actual Acid data collected. Direct reuse of the efluent for irrigation and industrial use will result Icss effluent discharged into Pecan Creek. A viable satcr reuse system may help the City in pennit negotiations with TNRCC as it results in less nutrient load on Pecan Creek due to less discharge of effluent. 8 Another factor to consider in determining the viability of expanding the City's whet reuse system is the availability and cosl of raw water in the future. The cun•eni population projections developed as part of the impact fee process show that the Cily will beFin to utilize all of the raw water allocation from Lake Lewisville and Lake Ray Robcrts by the year 2015. Development of additional raw water capability is an extremely expensive proposition. A water reuse system can shave the peak load on the water treatment and transmission systems as well as shave off some 0 base load. In the future this can help extend the capacity of Denton's water treatment plants as 0 ' well as the need for additional raw water. 1 f r,.~, i a 32 x r f 1 O ` t , ...,.,+•acb.M1' .Y'- VMa'YA'MAhR. G•w..PO w: YVC In 1986, the Texas Water Commission designated the Dallas-Fort Worth, Waco area (including Denton County) as one of 17 critical ground water areas in the slate, The primary concerns of the State were that severe overdrafts have rendered the Trinity Aquifer virtually non-renewable, and that the potential for water quality degradation on a regional scale exists because of changes in the geohydrologic regime brought by extensive withdrawals since the early 1900's. Through regulations, ordinances, policy statements, letters of concern, c1c, the Texas Water Commission, Nonli Texas Council of Governments, Upper Trinity RWP, City of Denton, and others have expressed concerns for preserving the integrity and reliability of the local ground water supply. The reuse water can provide a feasible cost effective alternative source of irrigation water, and help alleviate,lepletion of the Trinity Aquifer. ,f 1j, PURPOSE 4F STUDY This report presents a preliminary analysis for evaluation of using Water Reclamation Plant (WRP) effluent in lieu of potable water as a source of irrigation water. Included in this report is information regarding; • Potential users • Anticipated irr;r.;iondemands • Capital Impro-mmcnis • Costs • Rates • Regulatory Requirements • Water Rights 1.3. Scone The scope of this work is a preliminary feasibility study to determine viability of expanding the wdler reuse systcrn and determine areas of concern that require funher study. 1 j Ft" , + r a r, ~ i ti'p' a I a 32 X 25 x Q rre.any~ SECTION 2 PRELINIINAL2Y FEASIBILITY ANALYSIS 1.1. GENERAL This section describes the existing facilities end the preliminary determination of facilities rcedcd to provide treated effluent to the users. City staff members familiar with the existing w ver reuse system infrastructure and water consumption at the steam generating plant were contacted to provide input and data, Publications by regulatory agencies were referenced, but these agencies ~-Icre not contacted. Available metering data fx irrigation use was reviewed to validate the water demand projections however, the customers were not contacted, The analysis was conducted using readily available infomt:,tion. 1.2. EXISTING FACILIDES Facilities were constructed in early seventies to deliver treated eflluent from the Pecan Creek P,'hP to a holding pond at the steam plant. These include; • 2 Transfer Pumps • 1.16" Meter 18-inch transmission line • r million gallon stora;e rescn oir 1.3. TRANSAtISS~~1.INE RO~~$ Two possiti.t^ routes have been identiftcl and a prelimirary study has been conducted. The routes ha%, br_a labeled as the TWU line and the UN7 line according to the major possible usets that have been identified, The Tw'U line would extend from the existing retention pond loc road at the Cily's electric production plant to Nortlt LACE Park. The UN'f line would connoct to the T WU !me approximately 2000 feel not:h of the electric production pond and extend west { to the University of North Texas. Line routes are shown in Exhibit 1, 2.4._C!lstoingrs Proposed line routes are based on providing scnice to facilities that use irrigation water extensively. Possible customers along the TWU line route arc Mack Park, Muni,.ipal Civic C , Center, Texas Women's University, North Texas Fairgrounds, and North Lakes Paris, Possible customcrs along the UNT line roule are Oakwood Cemetery, IOOF Cemetery, and the University of North 't exa& O!her possible customers may be identi ficd nv the feasibility study progresses. I ~ I 37 x I O ~Y `n I , A r • , I I 2.5. Water Demands Anticipated irrigation demands for the identified facilities are bam! on an application of one (1) inch of water per week. Irrigation water consumption records have bean researched for the proposed facilities to insure that the one-inch per week application rate is appropriate. Records from the summer or 1498 were used to verify that the anticipated demands would be applicable. The irrigation demands and the customers are shown in Table 1. 2.6. Distribution System Model Proposed water reuse lines, the existing effluent line and facilities, and booster pump systems have been modelot using the Cybemet Model. Model files were set up to represent the physical and demanI aspe, is of the proposed an 1 existing system. Proposed lines were sized to insure that the epo of line service points would receive appropriate pressure. Tile proposed booster pump station was sized to provide adequate system pressure and flow. Demands for ibe proposed system were set up to represent a seven-month usage period with a 24-hour demand. The seven-month demands were calculated by taking the total consumption for the year and distributing it over a seven-month period. A seven-mon.a demand Iedrd more accurately reflects the anticipated demand schedule of the proposed users System analysis included the evaluation of delivery pressure at each anticipated user site, booster pump performance, and pond performance. 2.7 PROPOSED FACHAIIES Based on the distribution system modeling preliminary pipe sizes for the two l:nssible routev were determined along with the pump and motor size. Construction cost estimate using current cost data for the proposed system was developed. The pipe sizes, line length and the costs for the proposed system are shown in Table 2, These costs at: very preliminary and will change as more in-depth information on existing system, water use patterns of the customers, and regulatory requirements is developed. Pressures in the &siribution system arc lower towards the far end orthe system than what a large irrigation system uouhl generally require. Providing higher pressur.s at the end of the system • with the pumping operation is not practical, Customer cost to install onsite storage and/or booster facilities may be less than the utility rates for delivery or irrigation water at the rates and pressure required. f 4 ' 2XIO 2 S10 Y 1 0 J I Table Water Reuse Estimated Demands Average Peak User Demand Wmwid (mgd) (mgd) Mack Park 0.14 0.21 Municippil Center 0.08 212 TWU Gulf Course 0.28 0.42 TWU Campus 0.40 0.60 Fairgrounds 0.09 0.14 North Lakes Perk 0.50 0.75 Oakwood Cemetery 0.06 0.09 IOOF Cemetery 0.10 0.15 UN F Campus 0.45 0.68 LINT Golf Course 255 0.83 Total 2.65 3.98 , I I , • ~ f I + r i / r 1 i LnNf M.rN I ~Nlvrf/w Mwf MM N r! Yl1pl fi i FI t t•v /t hnf. h11 IUI) 1/ Y I A P-1 lLMIfM L.rW/ . . rr rlhr tw4+ RANI MII /M M.N. 10ll .f `~I 1 T hJ~uf III A .p I J W I put\C+i M p-tl , Y YIM N all ~.Mf y gyn.. -L11 Mw♦ W M f Figure 11 - Cybernet Model Layout 2.,x 32'x , n f l Table 2 Preliminary Proposed System & Cost Estimate 4 Mv0 Demand Item Unit Quantity Unit Price Amount F , 18 inch PVC main LF ?250 $60 $135,000 ~ 12-Inch PVC main LF 26050 $50 $1,302,500 8-Inch PVC main LF 12600 $48 $604,800 V 6-Inch PVC main LF 7050 $43 $341,850 ~ -in,h PVC main LF 1050 $40 $42,000 10-Inch Hwy Bore LF 200 $160 $32,000 I y 8-inch Hwy Bore !Y 3W $140 $42,000 6-Inch Hwy Bore LF 400 $120 $48,000 Pump 8 Rechlorination La 1 $425,000 $425,000 Subtotal $2,973,150 Construction Contingency % 15 $445,973 Construction Cost $3,419,123 Administration $50,000 Engineering $250,000 Surveying $85,000 Testing $2,500 i E,sement Acquisition $100,000 Insdection $60,000 Total Cost $3,966,923 M • ; 1 ~ w i / 4 J - r° 2 5 ,x 10 32 x ❑ O Sam"$ SECTION 3 )JENEFITS 11, GENERAL All parties ins ilved must receive sonic benefit because of the project. A reduction in operating cost and an inet:.: ce in operating revenues are the primary benefits to be expected, However, there are usually other benefits to be gained which are not always as obvious as the expected, Sonic of those are described below, 3.2. ENVIRONMENT J The conservation of the ground water supply is a major concern of public authorities charged I with the responsibility of manI our natural resources. Depletion of the supply due to heavy use and contatnination is one of the major problcuts facing regulatory agencies. The Texas Water Commission has been instrumental in identifying areas that have critical ground water areas and in helping local authorities to develop a plan to minimize and hopefully overcome the problem. Denton County is located in an area with critical ground water problems, Convening users from wells to surface water supply and encouraging new rsers to utilize surface water sources is part of the plan developed for the Denton County area. The intention is basically to reduce the possibility of contaminating the ground water supply and to reserve its limited resource for those who do not have acc^ss to surface water, 13. IRRIGATE 'IN For irrigators the cost of the effluent can be favorable compared to the cost of purchasing potable wider. As the rclurn on investment portion of the facility charge reduces with depreciation, the cost of effluent becomes even more favorable, • fwo additional hcncflts to be considered by irrigators include, j Nutrients in the effluent Dcpcnd,blc water supply during drought conditions, i The effluent is disinfected during the treatment process, but many of the minerals and organic • elements essential b plent growth are not removed. This could resull in a savings for fertilircr O • and related acti ritics. It is not unusual for cities to rer,uesi and sometim:s even require water rationing during drougt l conditions. Since the WRP Oluent flow far excL is the expected irrigation demand, the irrigators would not be asked to rnwace their efforts durin; wrought conuaians. 13 i 17J 32 X 10 n Q , Fk71tMp ..r,rv n'•.•. L L m.r:r sc. r..ii~A.,o, ^WgiM.SMkM)r+rtfntFEN+'a. mw +.-kcnr nuw., r.., ~ I I 3.4. CITY OF DENTON Since the City of Denton establishes the rates for utilities, the only risk to the City is the possibility of riot correctly identifying all trie costs. The City is not in the business to make a profit so the increase in revenues from providing treated effluent is not a true benefit, The City simply has another system to operate and maintain. The benefit must be determined by how the citizens of Denton and its utility customers Rd i. The citizens can benefit by: reduced irrigation cost to certain local entities resulti-1- in lower cost of services. - Reduced water treatment demand allowing existing and planned water treatment to delay certain needed expansions. Reduced water demand allowing the eater distribution system to delay r some improvements and to reduce pumping costs. Without any additional costs to the citizens emd utility customers, the use of treated effluent as a source for irrigation can serve to improve the quality of life within the City of Denton. f , { I i . ; i t1 Ai L i ^ yfI ' " t 1 ~I^a i >1 C I-ON 4 RECOMMENDATIONS The estimated cost of treated effluent to the user can be favorable when compared to current rates for "city water". Besides the direct cost, t:iere exists benefits for all parties which are not quantified. The use of treated effluent is consistent with water supply policies establi0ed by regulatory agencies and local governments. We will have a better understanding of the Capital improvements required as d:tailed analysis and designs are comptcled. Therefore the staff recommends, 1. Potential customers be contacted to seek their interest and commitment to a reliable project 2. Staff work with committed potential customers to better extermine their estimated annual use, taking into consideration seasonal trends and rainfall conditions. 3. Staff conduct a detailed analysis and preliminary design with revised cost estimates reflecting the higher level of effort. 4. Staff present their findings to the city and to potential customers to seek their approval of and commitment to the system and authorization to proceed with final design and preparation of bid/construction documents. I` ~r . 1 I [ 1 f IQ f 1 0 i I Water Reuse Program Highlights Erjsting Water Reuse Progrann Summan~ i 1. Current program for industrial reuse as primary water supply for cooling towers at Spencer Road electric generation facilities. 2. Program in place since 1972 with an annual use of 170 to 250 million gallons per year. I 3. Current cost of service options include: • Wastewater reuse (rate schedule SGE Sale of Treated Wastewater Effluent to Municipal Utility Customers fin), $1.20 / 1,000 gallons). • Raw lake water (rate schedule WGU Intra-Governmental Sales of Untreated Water C $1.50 / 1,000 gallons). • Treated municipal water (rate schedule NVG Intra-Governmental Sales of Finished Water cv $2.81 / 1,000 gallons). Protect Backgrotnnd I. Population projections adopted for impact fee project full use of raw water from Lake Lewisville and Ray Roberts by the year 2015. 2. Cost of raw water procurement is escalating. 3. Denton County identified as critical ground water area. Severe overdraft of 'Trinity Aquifer, potential for ground water quality degradation. 4. TNRCC concerned about additional discharge from Pecan Creek WRP into Pecan Creek. TNRCC model shows not enough assimilative capacity in Pecan Creek. • S. During summer, irrigation demands put a peak demand load on the water treatmcnt plant and the distribution system. ljkter Rense Program Advantages • I. Water reuse can extend the need for additional raw water further in th^ 0 • future. 1 2. By satisfying some irrigation demands in summer, peak load on Water Treatment plant and distribution system will be shaved. Result could be extension of C'IP projects. EXHIBIT Ili i 32XIO o 3. Water reuse results in less discharge into Pecan Creek which helps retain assimilative capacity of Pecan Creek. 4. Pricing structure of reuse water can result in positive impact on wastewater/water rates. 5. Converting users from groundwater irrigation to surface water irrigation and encouraging new users to do the same helps preserve the limited ground water resource, 6. For irrigators the cost of reuse water can be favorable compared to potable water. They get dependable water supply as discharge from the WRP is much greater than irrigation demand, and also nutrients in the WRP effluent (could result in savings for fertilizer and labor costs). RegulatorE Issues L TNRCC Texas Administrative Code, Title 30, Chapter 210, Use of Reclaimed Water • Written approval from the TNRCC is required for all reclaimed water projects. • Monthly water quality monitoring and volume reporting requirements • Type I water has higher water quality requirements (BOD < 5mg11 ; Turbidity <3 NTU; Fecal Colifonn < 20 CFU/100 ml) and has fewer restrictions in its usage. Type I water is required where the likelihood of public contact is high. Landscape irrigation with Type 1 water has fewer restrictions and could include residential, golf courses and public park irrigation systems. • Type 2 has lower water quality requirements (BOD < 20 mgyl; Fecal C'oliform < 200 C'FU/100 ml) and may only be used in areas where the likelihood of public contact is low and the possibility of human consumption of irrigated crops is non-existent Landscape irrigation with Type 2 water w must restrict public access during irrigation and the irrigator must prevent the spray from reaching private rc ,idences or public drinking fountains, 2. Water Rights Issues • TNRCC Policy on Reuse - It's your water until it is returned to the waters of the state (direct reuse). O • • Senate Bill One Changes -Bed and banks transfer based permits (indirect reuse), status quo (direct reuse only), or mandated return flows? • Regional water supply planning process. Region C and Region D coordination issues. t t~ 32X 1 I i n i l .n. „trt4, 1."";li ri.<4r:4;M'~r. [+'wkfG53 A?'r'' <_.d. If4H c'.• .r. ' IIIIIh` t • UTRWD/Irving Lake Chapman inhibasin transfer reuse application. • Dallas / Denton Untreated Water Supply Contract - Based upon firm yield of the reservoirs and not on water rights permits. No requirement for effluent return flows but allows for a 5% water supply credit for return flows (out of Denton's water right beyond the firm yield). • TWDB/TNRCC water conservation plans and drought contingency plans. Policy Issues j I • Rate structure/pricing issues 2. Marketing program 3. Public participation program 4• End user contract requirements 5• Financing the project 6. Separate utility /operating budget Recommendations L Potential customers be coutacted to seek their intsrest and commitment to a reliable project. 2. Staff work with committed potential customers to better determine their estimated annual use, taking into consideration seasonal trends and rainfall conditions. 3• Staff conduct a detailed analysis and preliminary design with revised cost estimates reflecting the higher level of effort, 4, Staff present their findings to the city and to potential customers to seek + their approval of and commitment to the system and authorization to 0 proceed with final design and preparation of bid/construction documents. I i 1 • n 25 x 32X0