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03-02-1999
r Y' y y March 2, 1999 Agenda Packet fI (J Y, f 1 I ,s AGENDA CITY OF DENTON CITY COUNCIL Otil March 2, 1999 After determining :'hat a quorum is present and convening in an open meeting, the City Council will convene in o closed meeting of the City of Denton City Council on Tuesday, March 2, 1999 at 4:30 p.m. in the Council Work Session Room at City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered; 1. Closed Meeting: A. Personnel Matters-UnJer'rEX. u0V j. CODE Sec.55 1.074 1. Evaluation of Municipal Judge 2. Evaluation of City Attorney 3, Evaluation or City Manager B. Conference with Employ-vs - Under TEX, GOVT. CODE Sec. 331.075, The Council may receive inforn+ation from employees during a staff conference or brief ng,but may not deliberate during the conference. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEX, GOV''T, CODE CH. 551, THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX, GOVT. CODE SEC, 551.001, ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY IT 0.1 ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION 014 THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITA-t!ON SECTIONS 551A71-551.035 OF THE OPEN MEETINGS ACT. Regular Meeting of the City of Denton City('ouncil on Tuesday,March 2, 1999 at 6DO p.m, In the Council Chambers at City hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: I. Ptoge of Alicglance A. U.S.Flag B. Texas Flag ,,Honor the Te-kas Flag -1 pledge allegiance to thee,Texas,one an. indivisible." 2, Resolution of Appreciation for Bobby Mon is i 3. Citizen Reports A. Report from Jim Osborne regarding muiicipai services at the Denton Municipal Airport. B. Report from Craig Wau regarding the upcoming Fry Street Fair. C, Report from Ken Iluikema regarding w tstewaler usage. D. Report from Willie Hudspeth regarding drainage at 623 Newton Street. C, 1, III III City of Denton City Council Agenda March 2, 1999 Page 2 l CONSENT AGENDA Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Coment Agenda authorizes the City Manafler or his designee to implement each Item in accordance with the Staff recominendet Ions. The City Council has received background information and has had an opportunity to raise qucslior a regarding these items prior to consideration. Listed below are bids and purchase orders to be approved I')r payment under the Consent Agenda (Agenda Items 4.13). This li'ing is provided on the Cot;;ent Agenda to allow Council Members to discuss or withdraw an item prior to approval of tine Consent Agenda. if no iteins are pulled, Consent Agenda Items 4.13 below will be approved frith one motion. If items are pulled for separate discussion, they will be considered as the first items under "Items Pit Individual Consideration". 4. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the Mayhill Road 12" waterline; providing for the expenditure of funds therefor; and piuviding ►n effective date. (Bid #2325 — Mayhill 12" waterline awarded to Dickerson Construction Co., icl the amount of 51 06,059,50.) S. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for construction of the new Wastewater Treatment Plant Road and weigh station site; providing for the expenditure of funds therefor; and providing an effective date. (Bid #2332 — Mayhill at Wastewater Road improvements • awarded to Jagoe-Public Company in the amount of S 191,881 A5.) 6. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the installation of the Denton Visual Arts Building IIVAC renovation; providing for the expenditure of funds therefor; and providing apt effective date. (Bid 02333-Denton Visual Arts Building IIVAC renovation awarded to BCl Mechanical, Inc, in the amount of $64,745,) 7. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of the Senior Center parking lot; providing for the expenditure of funds therefor; and providing an effective date. (Bid 02339 — Senior Center parking lot awarded to DBR Construction in the amount of$28,059.) S. Consiler adoption of an ordinance authorizing the City Manager to accept an interiocal agreement with DFW International Airport to authorize participation in various DFW International Airport contracts for the purchase of various goods and se.-vices; authorizing the expenditure of funds therefor; and declaring an effective date. (File 02247 — Interlocal agreement with DFW International Airport.) r A , 9. Consider adoption of an ordinance accepting competitive scaled proposals and authorizing the City Manager to execute a lease agreement between the City of Denton and the Fundamentals Program, Inc. DBA Oncoune USA for lease of the North Lakes Park Golf Driving Range and providing an effective date. (RFP #2336— Lease for North Lakes Park Golf Driving Range awarded to the Fundamentals Program. Inc. DBA Oncourse USA,). t i I City of Denton City Council Agenda March 2, 1999 Page 3 R 10. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of equipment for police sedans; providing for the expenditure of funds therefor; and providing an effective date,(Bid #2314—Equipment for police sedans awarded as list In the total amount of$31,408,00.) 11. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of water treatment chemicals; providin-, for the expenditure of funds therefor; and providing an effective date. (Bid 42335 — Water treatment chemicals awarded as listed in the estimated amount of 5452,000.) 12. Consider adoption of an ordinance authorizing the Mayor to execute an interlocal cooperation agreement between the City of Denton and the City of Roanoke for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement; and providing for an effective date. 13.Consider adoption of an ordinance authorizing the City Manager to execute a grant application with the Schools and Libraries Corporation (SLC) for telecommunication and Internet services and approving an application 'o the SLC to obtain a grant for telecommunications and Internet services for the Denton Public Library; ratifying the actions of the City Manager, Dirertor of the Library, and other City officials in regard to this grant application;and providing an effective date. PUBLIC HEARINGS 14. Hold a public hearing and consider approving a detailed plan for 15.3 acres in Planned Development 39 (PD39) zoning district. The approved concept plan for the district allows for cluster homes with a maximum density of 10 units to the acre in this area, the proposal is for 94 single-family lots, translating into approximately 6.2 units to the acre, The Planning and Zoning Commission recommends approval 5.2. (Z-99.001 — Forman Williamsburg Square) 15. field a public hearing and consider approval of an amendment to the 131.76-acre concept plan for Planned Development 111 (PD111) zoning district and ors detailed plan containing 27.1 acres therein, The property is legally described as Tract 7, 7A, 8 and SA in the Berry Merchant Survey(Abstract 800)and is located on the south side of Robinson Road and east of Nowlin Road. The proposal is to add 94 single family lots to the Oakmont community, The Planning and Zoning Commission recommends approval 5.0. (A-98.059) 16. Hold a public hearing and consider a request to rezone 5.014 acres fror. an Agricultural (A) zoning district to a General Retail with conditions (GR[c]) zoning district. The property Is legally described as 5,014 acres in the lames Severe Survey(Abstract 1164). It Is located on the east •ide of Highway 377, north of the Hills of Argyle subdivision. The Planning and Zoninh k ommisslon recommends approval 5.2 with conditions. (Z-98.060) t, 17, Hold a public hearing and consider a detailed plan on 2.338 acres for a single-family residential development in Planned Development 86 (PD66), which currently allows for multi-family dwellings. The 2338-acre site Is located on the south side of Windsor Drive, west of Bonnie Brae. The purpose of the detailed plan is to develop fourteen 7,000 square sssrar 1 City of Denton City Council Agenda ' March 2, 1999 Page 4 i foot single family lots. The Planning and Zoning Commission recommends approval 7-0 with conditions. (Z-98-062) I 18. Hold a public hearing regarding the proposed Planned Development zoning of a 114.76 acre property located on the north side of Hickory Creek Road, northwest of McNair Elem.nlary School in Denton's extraterrilorialjurisdiction(ETJ) known as the Ryan Tract. I ITEMS FOR INDIVIDUAL CONSIDERATION 19.Consider adoption of an ordinance granting a three-year exception to the City's noise ordinance with respect to hours of operation of an amplified loudspeaker system for the Denton Festival Foundation in connection with the Denton Arts&Jazz Festival held in Civic Center Park on the last Friday, Saturday,and Sunday in April. 20.Consider adoption of an ordinance amending Ordinance Nos. 88.189 and 95.191 and Chapter 8 of the Code of Ordinances, which respectively granted a franchise to Sammons Communications, Inc, at 1 authorized the transfer of that franchise to Marcus Cable Associates, L.P., granting consent to the assignment and transfer of control of a cable television system and franchise from Marcus Cable Associates L.L.C. to Paul 0. Allen; and approving an acceptance agreement and an agreement in accordance with the terms and conditions of this ordinance; providing for a savings clause; providing for publication; providing for the effect of this ordinance upon other ordinances and resolutions; and providing an effective dale. (FirA Reading) 21. Consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for professional legal services with the law office of Jim Boyle for services pertaining to legal and legislative matters respecting the City of Denton Municipal Utilities before the 76'" Texas Legislature; authorizing the expenditure of funds therefor;providing for retroactive effect ofthe agreement; and providing an effective date. 22. Consider adoption of an ordinance of the City of Denton, 'Texas autborizing the City Manager to execute an agreement for professional legal services with the law firm of Lloyd, 0osselink, Blevins, Rochelle, Baldwin & Townsend, P.C, pertaining to representation of the City in litigation and the provision of related legal services respecting the City of Denton Municipal Utilities' provision of water and wastewater service to customers within its city limits and its extraterritorial jurisdiction; authorizing the expenditure of funds therefor; providing for retroactive effect of the agreement; and providing an effective dote. 23.Consider adoption of an ordinave of the City of Denton, 'texas authorizing the City Manager to execute an agreement for professional legal services with the law firm of Terry Morgan & Associates pertaining to representation of the City in litigation and the provision of related legal services respecting the City of Denton Municipal Utilities'provision of water t and wastewater service to customers within its city limits and its extraterritorial jurisdiction, / �;- authorizing the expenditure of funds therefor; providing for retroactive effect of the agreement, and providing an effective date. 24. Consider adoption of an ordinance approving a real estate contract between the City of Denton and Coti, Joint Venture, relating to the purchase of 1.224 acres of land for the c City of Denton City Council Agenda March 2, 1999 Page 5 expansion of U.S. Highway 77 (Parcel 13); authorizing the expenditure of funds therefor; and providing an effective date. 25.Consider adoption of an ordinance approving a real estate contract between the City of Denton and Coti, Joint Venture, relating to the purchase of 1,073 acres of land for the expansion of U.S. Highway 77 (Parcel 13E); authorizing the expenditure of funds therefor; and providing an effective date. 26. Consider adoption of an ordinance approving a real estate contract between the City of Denton and E. E. Wright,Jr, and E. H. Wright 111, relating to the purchase of G.008 acres of land for the expansion of U.S. Highway 77 (Parcel 50); authorizing the expenditure of funds therefor; and providing an effective date. 27.Consider adoption of an ordinance approving a real esL-te contract between the City of Denton and Joe Bryon Pennington, relating to the purchase of 0.008 acres of land for the expansion of U.S. Highway 77(Parcel 51); authorizing the expenditure of funds therefor;and providing an effective date. 28, Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of public street right-of-way easement in 1.619 acres of land located in the Gideon Walker Survey, Abstrac± No. 1333, y owned by Shady Shvtcs 1.35 Joint Venture;authorizing the City Manager or his designee to make an offer to purchase the property for its fair market value and if such offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the properly necessary for the public purpose of constructing street improvements from the proposed Lakeview Boulevard to Shady Shores Road; and declaring an effective date. 19. Consider adoption of an ordinance authorizing the City Manager to execute an agreement on behalf of the City of Denton with the Preserve of Pecan Creek parLiers; rroviding for the payment of the cost of condemnation for construction of street impro,cments from the proposed Lakeview Boulevatj to Shady Shores Road, 30, Consider adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking of and acquiring of a street right-of-way casement in 0.165 acres and a temporary construction and grading easement in 0.412 acres of land located in the Francis Batson Survey, Abstract No. 43, owned by Norma and D. Gene Gamble; authorizing the City Manager or his designee to mate an offer to purchase the property for its fair market value and if such offer is refused,authorizing the City Attorney to i institute the necessary proceedings in condemnation in order to acquire the property rccessary for the public purpose of construction street improvements for Westward Drive; wtd declaring an effective date. ' r 31. Consfdcr adoption of an ordinance authorizing the City Manager to execute an agreement on t , behalf of the City of Denton with R. H. of Texas, LTD. Partnership; providing for the payment of the cost of condemnation to construct street improvements for Westward Drive. 32.Cojtsidcr adoption of an ordinance abandoning a portion of a ten foot sanitary sewer easement located In Wind River Estates, Phase VI and VII, and a portion of a fifteen foot City of Denton City Council Agenda March 2, 1999 Page 6 n sanitary sewer easement located In Wind River Estates, Phase V; and providing an effective date. 33. Consider approval of funding recommendations from the Oversite Committee for the fourth and fifth years of the 1996 CIP Bond election. 34. Receive information and give staff direction regarding potential divestiture of electric distribution system and fiber optic system. 35.Consider nom:nations/appointments to City boards and commissions. 36. Miscel►ancuus matters from the City Manager. 37. New Business This item provides a section for Council Members to suggest items for future agendas. 38. Possible continuation of Closed Meeting under Sections 531.071-331.085 of the Texas Open Meetings Act, 39, Official Action on Closed Meeting items held under Section 551.071-551*5 cf the Texas Open Meetings Act. CERTIFICATE 1 certify that the above notice of meeting was polled on the bulletin board at the City Hall of the City of Denton, Texas, on the day of _ �, 1999 at o'clock (a.m.)(p-m,) CITY SECRETARY NOTE; THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH Ttlz AMERICANS WITH DISABILITIES ACT, THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULE]) MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.8304 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1.8I0- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. 1 _ � 1 r Jlpattd�Mo, I ht npprerin11011 of BOBBY MORRIS WIIEREAS, on February 28, 1999, Bobby Morris retired after serving with the City of Denton since February 1, 1969; and WHEREAS, during the past 30 years, Bobby has represented our City as an example of a yuatty service employee; and WIIEREAS, the City of Denton has been fortunate in having enjoyed die dedicated and outstanding service of Bobby and wishes to recognize the sonic; and WIIEREAS, Bobby Morris has always served above and beyond the efficient discharge of oil his duties in promoting the welfare and prosperity of the City, and has carn%A the full respect of his fellow employees,coticagues and citizens of Denton; N01V,THEREFORE, I 1 HE COUNCIL OF T11 E CITY OF DENTON 11 ER BY RESOLVES, t That the sincere and wonn appreciation of Bobby Morris felt by the citizens and officers j of the City of Denton, be formally conveyed to him in a permanent manner by recording this Resolution upon the official minutes of the City Council of the City of Denton, Texas, and rewarding to[lobby a true copy Ibereof as a token of our appreciation. PASSED ANIS APPROVED this the A,( day of 1999. C 1 1h,CK M ALE R.MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY ,i 1 AP OVED AS TO LEON. FORM: • �!r IILRBERT L. PROUTY, CITY ATTORNEY BY: _ l� AGENDA INFORMATION SHEET AGENDA DATE: Starch 2, 1999 Questions concerning this acquisition maybe directed DEPARTb1ENTi Purchasing to Howard Martin 349.8232 ACM: Kathy DuBose,Fiscal and Municipal ServiceIrO ` SUBJECT: IV AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE MAST(ILL ROAD 12" WATERLINE; PROVIDING FOR THE EXPENDITURE OF FUNDS 111EREFOR; AND PROVIDINO AN EFFECTIVE DATE (BID 02325 - MA)IIILL 12" WATERLINE AWARDED TO DICKERSON CONSTRUCTION CO„ INC. IN THE AM')UNT OF 5106,05930). BACKGROUIND: (See attached Tabulation Sheet) R 'OMM .NDATION: We recommend this bld be awarded to the lowest bidder.Dickerson Construction Co..inc., in the amount of$106,059.50. ESTIMATED SCHF.DULF;OF PROJECT: This project is scheduled for completion In May 1999, FISCAL INFORWATION: i the money for this project will come from the Solid Waste Bond Fund Account(634024-CO96- 8091)-9003). i I �Ip INFOR.�L�T1oN: 'This project is for the installation of approximately 3,150 linear feet of 12-inch ductile iron wc:ert+ne and six fire hydrants. This waterline will loop together An existing 12-inch line that dead-:nds at Edwards Road,greatly Increasing our ability to senv developments to the southeast of Denton. In addition, the MayhilI 12-inch waterline will provide the Landfill the ability to Irrigate their front buffer area that runs along Mayhill Road. Reypectful!v submitted: Name: Tom Shaw.C.RkL. 349.7100 Title: Purchasing Agent Altachmcnt#I: Tabulation Sheet Altachmcnt#2. Lucation Map in•.tar.b� � ^tea v ATTACHMENT #1 TABULATION SHEET 14' BID N 2325 Date: 4-7-09 RIO NAME:Mayhlll 12"Waterline NOr'""ti. CTOR 't.3 W'811)AMOUNT: " 1 Dickerson Construction 108089.60 2 North Texas CantradIng $108,753.10 3 H 6 W Utli Construction 5109,331.06 4 Aledo Construction $110,606.53 5 RA. Development Inc. $117,367.00 6 Mastic $130,850.00 7 Bowles Construction $13111A10,50 8 Ora-Tax UIIIH1es $131,210.13 0 taDslta Excavathi U9 839.00 10 Radich Construction 0181284.0 11 _.LaZe Public $100,604.00 12 DBR Construction 1208,431.60 i f j y u AW&IMM 12 LIP WATER MAYHILL 12" WATERLINE VV% 5"L'fT�l 111 i 12" PROJECT LdCATIJ MWARDS INSTALL 12" WATERLINE • 3148 FirE7 W S EXHIBIT 11 r I ORDINANCE NO., $ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE MAYHILL ROAD 12" WATERLINE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;AND PROVIDING AN EFFEM E DATE(BID 02325 -MAYHILL 12"WATERI INE AWARDED TO DICKERSON CONSTRUCTION CO,1NC. IN THE AMOUNT OF S106,059.50). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances;and J WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation,bid proposals and plans and specifications ihertin; NOW, THEREFORE, TI1E COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION t, That the following competitive bids for the construction of public works or improvements, as described in the"Bid Invitations","Bid Proposals" or plans and sptvifications on file in the Office of the City's Purchasing Agent filed a:cording to the bid number assigned hereto, arc hereby accepted and approved as being the lowest responsible bids: BID iNUMBE$ CONTRACTOR AMOUNT 2325 DICKERS0N CONSTRUCTION CO.,INC. $106,059.50 SECTION ] . That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bld for construction of such public works or improvements herein accepted and approved,until such person shall comply with all requirements specified in the Notice to Bidden including the timely esc -Sion of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION III. That the City Manager is hereby authorized to cxecute.li necessary written contracts for the perfonnance of the construction of the public works or improvements in acimrdanee with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, a conditions, plans and specifcatiens, standards.quantities and specified sums contained therein. i 4 a $ TION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized hertin,the City Council hereby authorizes the expcnditure of funds in the manner and in the amount as specified In such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of ,1949 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY BY: ?tl!-MAYHILL IIO WATERLINE CONTRACTUAL ORDINANCE • J V ,i S t J\ t c Ap* - �o A AGENDA INFORMATION SHEET DM1 JM4 29 AGENDA DATE: March 2, 1999 Questions concerning this acquisition may be directed i DEPARTMENT-. Purchasing • to Howard Martin 349-8232 ACM: Kathy DuBose,Fiscal and Municipal Services ;ZiBJECTi AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORT.S CONTRACT FOR CONSTRUCTION OF T11 E NEW WASTEWATER TREATMENT PLANT ROAD AND WEIGH STATION SITE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 02332 — MAYHILL ROAD AT WASTEWATER ROAD IMPROVEMENTS - AWARDED TO JAGOE-PUBLIC COMPANY IN TFIE AMOUNT OF S191,881.05). BACKGROUND] The City of Denton intends to construct a new entrance at Mayhill and the existing Wastewater Treatment Plant road. The entrance was designed by the City of Denton Engineering Department. This new design will eliminate a very difficult intersection for the Solid Waste vehicles. The weigh station asphalt paving is a planned infrastructure improvement for the landfill expansion. This area will be used as a control point for the general public entering the landfill. RECO3IMENDAT1OM We recommend approval of the bid and award of a contract to C.e lowest bidder, Jagoe-Public Company, in the amount of$191,881.05 for bid items 2, 3,and 7(alternate 4). ESTIMATED SCHEDULE OF PROJECT: Ibis project is scheduled to begin March 1999 and to be completed June 1999, FISCAL INFORMATION: This project will be funded from Solid Waste Bond fund accounts (634.024•CO96.SOSD-9003 and 634.024•CO96-806D-9003). BID INFORMATIONo this bid is for the construction of improvements to the entrance of the Wastewater Treatment Plant and asphalt paving at the weigh station site. Originally included was installation of approximately 60-feel of 84eet by 84eet box culvert on Mayhill Road. That portion has been deleted due to the high-bid ptice. City work crews will perform this work at a later date. T1:e project still includes approximately 4,000 square yards of 6 VAriches asphalt paving, 1,300 square yards of 8 %:-inches paving on the road, and approximately 3,300 square yards of 8 ''/r inches paving at the weigh station site � 1 e AGENDA INFORMATION SHEET MARCH 2, 1999 PAGE 2 OF 2 Respectfully submitted; Name Tom Shaw,C,P,M„349.7100 Title Purchasing Agent Attachmen101:Tabulation Sheet Attachment h2:Location Map 1E1i1 I lo7.AnENDA I i �.; A - 2 r c; ATTACHMENT # 1 TABULATION SHEET Bid # 2332 Date: 112119fl MAYH ILL ROAD BOX CULVERT t 1 MAvhlll Road Box Cuty n $104,006.00 $11,653.00 2 Waotw**w Tioatm rd KOM Road i16 061.06 116110.00 3 Wof h lla6on 1"1072.00 j 0110.60.00 m COW AR 1 21 K9.00 08,910.00 6 mothip cutwA Alt : 4364.66 12100.00 6 t/. hill culvM AR.s t4.326.00 $1,000.04 7 Waotowsw Trq#trmnt PlsM Rd,Alt 4 W26.00 $2,600.00 f I I i i (i J ��tr�1� `Qp•p' b p 00 / 1MIM / •---- - . .. ._.__::--_:.: --•- _ . ::_ w.�w.w. Otto xl4lM ruu X 9 IL e / ` IUlllk - l \ � r E pr �. SE 0 1 j` �N11A \2 H S`! J� F' SE t, S' i i ORDINANCE NO. _ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR CONSTRUCTION OF THE NEW WASTEWATER TREATMENT PLANT ROAD AND WEIGH STATION SITE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AND EFFECTIVE DATE(BID#2332—MAYHILL ROAD AT WASTEWATER ROAD IMPROVEMENTS- AWARDED TO)AGOE-PUBLIC COMPANY IN THE AN1OUNT OF 5191,881.05). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS,the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for th.corimction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW,THEREFORE, TI IF COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the construction of public works or i improvements, as described in the"Bid Invitations","Bid Proposals"or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, arc hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR Ah1OUNT 2332 JAGOE•PUBLIC COMPANY 5191,881.03 SECTION 11. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all rcquiremcnts specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and Insurance certificate after notification of the award of the bid. SECTION 111. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Did Proposals, and documents relating thereto specifying the terms, conditions,plans and specifications, standards,quantities and specified sums contained therein. C Ilk SECTION 1V, That upon acceptance and approval of the above competitive bids and the execution of contracts for the pubkic works and improvemmts as authorized her-nn,the City Council hereby authorizes the expenditure of funds in the manner and In the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V, That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of ,1999 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS.CITY SECRETARY j BY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY BY:— 2.132-W A ST E W A TER ROAD INI P CONTRACTUAL ORDINANCE ApaId1100 � r/� �g (EIA1 AGENDA INFORMATION SHEET AGENDA DATE: Starch 2, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Purchasing to Bruce Henington 349.7200 ACM: Kathy DuBose,Fiscal and Municipal Servicesrp SUBJEM AN OR13INANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE INSTALLATION OF THE DENTON VISUAL ARTS BUILDING HVAC RENOVATION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID #2333 — DENTON VISUAL ARTS BUILDING HVAC RENOVATION AWARDED TO BCI MECHANICAL, INC. IN T1IE A?IOUNT OF S64,745). BACKGROUND; (See attached Tabulation Sheet) RECOMMENDATION: We reeom:nend this bid be awarded to the lowest bidder, BCI Mechanical, Inc., In the amount of 564,745. ESTLIIATED SCHEDI'LE OF PROJECT: This project is scheduled to be completed no later than June 1, 1999, FI SCAI.IN FORSIATI ON: s Funding for this project is available from 1998.1999 Building Renovation Budget fund accounts (455.032-BLDG-9904.9101 and455-032•BLDO.9901.9101). BID INFORMATIONt This project is to renovate the IIVAC system at the Denton Visual Arts Building, 207 S. Bell Ave., Denton, TX 76201.All work wili be done during the day without interfenng with nighttime scheduled activities. The work Includes replacement of an old 20-ton unit with a new 20-ton high- efficiency unit and the addition of a second 20-ton unit, primarily for special event cooling capacity. Respectfully submined; ... :.,,s Name, Tom Shaw,C.P.M.,349.7100 r 1" Title; Purchasing Agent l Attachment 01: Tabulation Sheet i i c� u ATTACHMENT #1 TABULATION SHEET BIDS 2021 _� TMC 64.'1 CBE INFINITY WEL-DON BIO NAME DENTON VIEUALAITE SLOG HVAC TIOOA MECHANICAL CONTRACTOR CONTRATOR i RENOVATION MECH GATE 2•F�EA9_ M _gTV ' VENDOR- VENDOR VENDOR VENDOR VENDOR TOTAL BID',WARD 112,648.00 $64,119,00 ET1,200,0O 1.5,498.00 !!1,923.00 f 1 M , T c ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC 11'ORKS CONTRACT FOR T11F INSTALLATION OF THE DENTON VISUAL ARTS BUILDING HVAC RENOVATION;PROVIDING FORTHE EXPEND1TUREOF FUNDS THEREFOR;AND PROVIDING AN EFFEC I IVE DATE (BID #2333 — DENTON VISUAL ARTS BUILDING HVAC RENOVATION ANVARDFD TO BCI MECHANICAL, INC, IN THE ATIOUNTOF 564,745). W111.11EAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and 1VIiEREAS,the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid imitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L That the following competitive bids for the eortstruction of public works or improvements,as described in the "Bid Invitations", "Bid Proposals"or plans and specifications on Me in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, arc hereby accepted and approved as being the lowest responsible bids: BID t\ CONTRACTO AMOUNT 2333 BCI IMECIIANICAL,INC. $ 64.745.00 SECTION 11. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved,until such person shall comply with all requirements specified in the Notice to Bidders including the timely .xecution of a written contract and fumishing of performance and payment bonds, and insurance certificate after t otification of the award of tho bid, i SECTION 111. That the City Manager is hereby authorized to execute all necessam written contracts for the pe;fotmance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the torts, conditions, plans and specifications, standards,quantities and specified sums contained therein. 6 3 c u SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein,the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the_ day of ,1999 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY,CITY ATTORNEY , BY: :3:..1 -H\'AC RENOVATION CONTRACTUAL ORDINANCE I 1 r i { Apt No, AGENDA INFORNIATION SHEET *W8 Jjl� 11:06 AGENDA DATE: March 2, 1999 Questions conceming this acquisition may be directed DEPARTMENT: Purchasing to Ed Hodney at 349.8271 ACNE: Kathy DuBose,Fiscal and Municipal Services S17BJECTO AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE SENIOR CENTER PARKING LOT; PROVIDING FOR 711E E.KPENDITLrRE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (DID #2339 - SENIOR CEN'T'ER PARKING LOT AWARDED TO DBR CONSTRUCTION IN TILE AMOUNT OF $28.059). BACKGROUNDo (See attached Tabulation Sheet) C RECONIMENDATIONt We recommend this bid be swarded to the lowest bidder meeting specifications. DBR Construction, in the amount of$28,059. I ESTIMATED SCHEDULE OF PROJECT, i This project is scheduled for completion in 25 workdays from receipt of a purchase order or approximately April 15, 1999, FISCAL INFORMATION: ne parking lot project is funded from 1996 CIP -Upgrade of Existing Parks Phase 11 f:nding, BID INFORMATION: This project will add 22 spaces to the existing Senior Center parking tot to accommodate growing parking needs at the center and In the Civic C ,rater Park. In an attempt to keop the project within available funding, we hase deleted $1885 in irrigation E conduit, hydro•mulct.ng, barricading, concrete sawing, miscellaneous sprinkler adjustments and pat cment markings. Each deleted item ttyll b;completed by Parks and Recreation Department { 'A Ork crews. We have also included a $SSG addition for Alternate 03 - Upgrade to Stamped Patterned Concrete. / F I c, I i j u 1 AGENDA INFORMATION SHEET MARCH 2. M9 PAGE 2 OF 2 Respectfully submitted: Name: Tom Shaw.C.P.M..349.7100 Title Purchasing Agent Attachment NI: Tabulation Sheet Attachment N2: Revised Tabulation of Lowest Bid I IoL,1GE.\RI 1 i W t f r ca i I µ ATTACHMENT 41 TABULATION SHEET BID 0 2330 BID NAME SENIOR CENTER PARKING LOT JADOE DBR PUBLIC CONST. DATE 4-Feb-00 0 QTY I DESCRIPTION I VENDOR i VENDOR VENDOR TOTAL SASE BID AWARD S 40121,47 S 20 304.00 Alternate 41 SP-50 02 EA Dwarf byrford Holllom Installed S 1640.00 1 2,050.00 Altarmsit 02 8.3A4 1 $8 BY Deduct 8.3A•Concrete Pavemenl 4" S 1,608.75 S 137.60 AIIemNe 43 A•2 1 55 BY Uggrads 10 Stamped Patterned Como»ie S 81600,00 1 550.00 Alternate 04 ; SRSO 56 SY T S 31625 S $50.00 Y Ei i t' ATTACHMENT 02 e REVISED TABULATION OF LOWEST BID Senior Center Revisions Work Days 25 Parking Lot Bid No. 810 TABULATION SHEET P.O. No. r g na ev se Item Description Quantity Quantity Unit Unit Price Total 1,21 Contractors Warranties and Understandings LS S 2,449.50 /L.S S 2,419.50 212-A Irrigation Conduit 20 0 LF S 20.00 /LF S 0.00 3-A Remove Curb and Gutter 54 LF S 6.00 /LF S 324.90 3-B Remove Concrete Fiume 1 EA IS $00.00 /EA S J$00.00 3.1 Preparation of Right of Way L5 IS 2,449.50 /LS S 2,519,50 33 Unclassified Excavation 60 CY IS 10.00 /CY S 600.00 3.10.7 11 dromuich 70 0 S1' S 3.00 /SY S 0.00 3.12 Temporary Erosion Control LS $ 500.00 /LS S $00.00 4.6•A 6" Lime Treatment of Sub radc 1172 SY S 3.50 ISY S 4.10100 4.6-B 1 rype A Hydrated Lime(Slurry) 16 TON S 100.00 /TON S 1.600.00 5.7•A 12 11" Asphalt Pavement Base T A) 948 SY IS 5.50 !SY S 5.21.1.00 5.7•113 1 U2" Asphalt Pavement T D) 948 SY IS 5.00 M S 4.740,00 3.1 Barricades. Warning Sips and Detours 0 LS IS $00,00 IS S 0.00 8.2•A Install Concrete Curb&Gutter 630 LF S 7.50 ILF S 4,725.00 8.2-B Concrete Payment 6" Flatwork) 14 LF S 10,00 /LF S MOM 8,?A Concrete Pavement 4" $5 SY S 3.00 /S%, S 165.00 SP-2 Concrete Saw Cut 8 0 LF S SAO /LF S 0.00 SP-4? Asphalt Saw Cut 45 0 LF S 3.00 /LF S 0.00 SP-45 ;Miscellaneous Sprinkler Adjustment 0 LS S 100.00 /LS 5 0,00 SP-35 Pavement Markings 0 LS S $00,00 /LS S 0.00 S S S S S S BASF: BID)TOTAL 27,509.00 Alternate 9 3 Item Description uantlh. vrtlt Unit Price Total h ti ?A•2 [Lfpgr3detoStAmpcdPattertiedConcreit 55 S1' S 10.00 ISY 5 550A0 PROILCT TOTAL 28.059.00 i a ORDINANCE NO. _ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDFNG A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE SENIOR CENTER PARKING LOT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID #2339 — SENIOR CENTER PARKING LOT AWARDED TO DBR CONSTRUCTION IN THE AMOUNT OF $28,039), WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances;and WHEREAS,the City Manager Ora designated employee has received and recommended that the herein duseribcd bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THERLFORE, f THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following competitive bids for the construction of public works or improvements,as described in the "Bid Invitations","Bid Proposals"or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: RID NUMBEk CONTRACTOR AMOUNT 2339 DBR CONSTRUCTION S281059 SCT[QN j. That the acceptance and approval of the above competitive bids shall not constitute a contract bctwvicen the City and the person submilling the bid for construction of such public works or improvements herein accepted and approved,until such person shall comply with all requirements specified in the Notice to Bidders Including the timely execution of a written contract and furnishing of performance and payment bondot, and insurance certificate arer notification of the award of the bid, SECTION 111. That the City Manager is hereby authorized to execute all necessary written contracts for the perfortnance of the construction of the public works or improvements in accordance E N%ith the bids accepted and approved herein, provided that such contracts are made in accordance w ith the `once to Bidders and Bid Proposals,and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. i S a u SECTION IV, That upon acceptance and approval of*e above competitive bids and the execution of contracts for the public works and improvements as suthoriud herein,the City Council herehy authorizes the expenditure of funds in the manner and In the amount as specified In such approved bids a,-.d authorized contracts executed pursuant thereto. SECTIQ&y. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,1999 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY 1 BY: APPROVED AS TO LEGAL FORM: IIERBERT L, PROUTY. CITY ATTORNEY BY: i)»-CONTFLACTUht.oaou LANCE r 6 • t� t. i i ApMrt11110. 'Ol0 A0116 11 et AGENDA iNF001AT10N SHEET AGENDA DATE: March 2, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Purchasing to Tom Shaw 349.7100 ACM: Kathy DuBoss, Fiscal and Municipal Services SUBJECT AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN INTERLOCAL AGREEMENT WITH DFW INTERNATIONAL AIRPORT TO AUTHORIZE PARTICIPATION IN VARIOUS DFW INTERNATIONAL AIRPORT CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. (FILE 42247 — FNTERLOCAL AGREEMENT WITH DFW INTERNATIONAL AIRPORT), BACKGROUND The Interlocal Cooperative Act, V,T.C,A. Government Code Chapter 791, authorize,.. } respective participating governments to enter into joint contracts and agreements for the purchase of necessary materials, supplies and services. Over the past several years, the City of Denton and other entities have entered into cooperative purchasing agreements that have been highly beneficial to the taxpayers through anticipated savings, The attached agreement is an authorization to participate in contracts awarded by DFW International Airport for various goods and services. Any acquisition exceeding $13,000 will be presented to Council for approval, prior to issuing a purchase order, ESTIJIATED SCHEDULE OF PROJECT This agreement is effective upon approval by the DFW International Airport Board of Directors and will remain in effect until terminated by either party. RECOMMENDATION. We recommend this interlocal Agreement be approved. FISCAL 1NFORINIATION Each acquisition, based on this agreement, will follow the City of Denton fiscal vtrif ration policy and be charged to the appropriate budget account. l i I a j I i c I AGENDA INFORMATION SHEET MARCH 2, 1999 PAGE 2 OF 2 AGREEMENT INT r n1ATION This Interlocal Agreement will allow the City of Denton to utilize contracts for supplies and services competitively bid by DFW International Airport. In the past, we have purchased such items as police sedans,tires, corrugated metal pipe, lubricants, oils, road materials and other supplies from similar agreements. The bid process followed by DFW lntemadonal Airport meets all State bidding requirements and bid opportunities bre extended to all local suppliers. Respcorully submitted: Name, Tom Shaw,C.P.M.,349-7100 Title: Purchasing Agent 1 119 AOGNDA E 2 t, i ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN INTERLOCAL AGREEMENT WWITH DFW INTERNATIONAL AIRPORT TO AUTHORIZE PARTICIPATION IN VARIOUS DFW INTERNATIONAL AIRPORT CONTRACTS FOR THE PURCHASE Or VARIOUS GOODS AND SERVICES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. (FILE 42247 — INTERLOCAL AGREEMENT WITH DFW INTERNATIONAL AIRPORT). THE COUPLE OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I, That the City Manager is hereby authorized to execute the attached agreement, a copy of whlch Is attached hereto and incorporated by reference herein. SECTION 11. That the City Manager is authorized to expend funds pursuant to the agreement for the purchase of various goods and services. ECTION III. That this ordinance .hill become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1999, t JACK MILLER,MAYOR ATTEST; JENNIFER WALTERS,CITY SECRETARY B1': �- APPROVED AS TO LEGAL FORM: IIERBI:RT L. PROUTY, CITY ATTORNEY BY; MW AIRPORT-INTERL.00AtORDINANCE . A 3 1 r c. EXHiBir"A01 INTERLOCAL COOPERATIVE PURCHASING AGREEMENT BETWEEN DFW INTERNATIONAL AIRPORT,TEXAS AND CITY OF DENTON,TX STATE OF TEXAS COUNTI OF DENTON THIS AGREEMENT is made on the day of 1999, between the City of Denton, State of Texas, and DFW International Airport,Texas; each referred to herein as participating governments. WHEREAS, the respective participating governments arc authorized by the Interlocal Cooperation Act, V,T,C.A. Govemment Code, Chapter 791, to enter into Joint contracts and agreements for the performance of govemmental functions and services Including administrative Nnctions normally associated with the operation of government such as purchasing of necessary materials and supplies; WHEREAS, it is the desire of the aforesaid participating governments to comply with and further the policies and purpose of the Interlocal Cooperation Act; WHEREAS, the participating governments cannot nomtally obtain the best i possible purchase price for materials and supplies acting individually and without cooperation; and WHEREAS, it is deemed in the best Interest of all participating governments that said governments do enter into a mutually satisfactory agreement for the purchase of certain materials and supplies; WHEREAS, the parties, in performing governmental functions or in paying for I the performance of govcrnmental functions hereunder shall make that performance or those payments from current revenues legally available to that party; NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants and conditions contained herein and pursuant to the authority permitted under the Interlocal Cooperation Act, promise and agree as follo•xs; I. Purpose The purpose of this Agreement is to authorize participation of the City of Denton in various DFW International Airport contracts for the purchase of various goods and senices. Participation in this cooperative program twill be highly beneficial to the taxpayers of the C ity of Denton through anticipated savings to be realized, 1!' 4 p II EXHIBIT"A" iI. Duration of Agreement This Agreement shall be in effect from the date of execution until terminated by either party to the agreement. Ill. Relationship of Parties It is agreed that the City of Denton, in receiving products and/or services specified in this agreement, shall act as an independent purchaser and shall have control of its needs and the manner in which they are acquired. Neither the City of Denton. its agents, employees, volunteer help or any other person operating under this contract shall be considered an agent or employee of DPW International Airport and shall not be entitled to participate in any pension plans or other benefits that DPW International Airport provides its employees. DPW International Airport shall notify all participating entities of available contracts to include terms of contract, commodity cost, contact names and addresses. DF'N International Airport shall keep participating governments informed of all changes to the Cooperative Purchasing list of contracts. Nothing in this agreement shall prevent any participating government from accepting and awarding bids for commodities subject to this agreement individually and in its own behalf. Tom D. Shaw, C."Al., Purchasing Agent is hereby designated as the official representative to act for the City of Denton in all matters relating to this agreement. IV. Purchase of Goods and Ser ice% All products and scnices shall be procured by DPW Intemational Airport in ccordance with procedures governing competitive bids and competitive proposals. The participating govemmeni will be able to purchase from those contracts established by DPW International Airport where notice has been given in the specifications and successful bidder has accepted terms for Cooperative Purchasing Agreements for local governments, the participating govcrnments hereto agree that the ordering of products and services through Ibis agreement shall be their individual responsibility and that the successful bidder or bidders shall bill each participating government directly. l 1 { U i EXHIBIT "A" The participating governments agree to pay successful bidders directly for all products or serviais received from current revenues available for such purchase. Each participating government shall be liable to the successful bidder only for products and services ordered by and received by it, and shall not by the execution of this agreement assume any additional liability. DFW International Airport does not warrant and is not responsible for the quality or delivery of products or services from successful bidder. The participating government shall receive all warranties provided by successful bidder for the products or services purchased. In the event that any dispute arises between individual p,eicipaling government and a successful bidder, the same shall be handled by and between the participating government body and the bidder, IN WITNESS WHEREOF, the panics hereto have caused this agreement to be executed by their authorized officers thereon the day and the year first above written. DFW INTERNATIONAL AIRPORT CITY OF DEWON 1 By: By: Michael W.)ez City Manager i 3 3 I qa 6 r AOwtO+No. " D AGENDA INFORMATION SHEET D INOIt AGENDA DATEt March 2, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Purchasing to Ed Rodney at 349-3271 ACM: Kathy DuElose,Fiscal and Municipal Services i SUBJECT: I AN ORDINANCE ACCEPTING COMPETITIVE SEALED PROPOSALS AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN TI IE CITY OF DENTON AND THE FUNDAMENTALS PROGRAM,INC. DBA ONCOURSE USA FOR LEASE OF THE NORTH LAKES PARK GOLF DRIVING RANGE AND PROVIDING AN EFFECTIVE DATE (RFP #2336 — LEASE FOR NORTH LAKES PARK GOLF DRIVING RANGE AWARDED rO TIIE FUNDAMENTALS PROGWI. INC. DBA ONCOURSE USA), BACKGROUND! The North Lakes Park Golf Driving Range was managed by the Dcnton Parks end Recreation Department for eight years until December 1992. It was then operated under a pnvaic. lease- management agreement until December 1996. The range was closed at that time and has been out of operation until now. RECOMMENDATIONt Due to a revived interest in the golf driving range, we are recommending award of this lease agreement to ONCourse USA,allowing for the re-opening of the North Lakes Park Gulf DnOng Range, ONCourse USA was the only qualified response submitted, ESTIMATED SCHEDULE OF PROJECTt The driving range+could be scheduled to open the first week in April 1999. FISCAL INEQR.\IATIONt As indicated in the attached lease. ONCourse USA agrees, in summary, to pay the city a minimum of S5000 plus 2 percent of gross receipts In excess of the minimum payment on driving range fees, food, and advertisement for the year 1999. In the second year, 2000, the city will receive a minimum of S6500 plus 4 percent of gross receipts In excess of the minimum for ` preciously noted items. In the third year,2001, the city will receive WOO plus 6 percent of grass Ii receipts in excess of the minimum of the specified items. ONCourse will be responsible for all utilities, tce maintenance, and any structures and'or equipment expense needed to operate the driving range. r LEASE 1N'FOR-1IATION: A. 'hhrx proposal is rot a three-year lease to operate the North Lakes Park Golf Driving Range, In addition to normal driving range activities. the lessee will be able to teach golf lessons and sell golf merchandise ONCourse USA will be responsible for all operating costs, utilities, Ice maintenance, any, cost structures and'or equipment expense needed to operate the driving range and insurance i r c I a AGENDA INFORNIATIO14 SHEET MARCH 2, 1999 PAGE 2OF2 This %Ill be a public program designed to offer a satisfying recreational experience to the entire communit", at a competiti%e price. Respectfully submitted: Name: Tom Shaw,C.P,M„3497100 Title: Purchasing Agent 119a AGENDA i r y y s ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE SEALED PROPOSALS AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND THE FUNDAMENTALS PROGRAM, INC. DBA ONCOURSE USA FOR LEASE OF THE NORTH LAKES PARK GOLF DRIVING RANGE AND PROVIDING AN EFFECTIVE DATE (RFP #2336 — LEASE FORNORTH LAKES PARK GOLF DRIVING RANGE AWARDED TO THE FUNDAMENTALS PROGRAM,INC.DBA ONCOURSE USA). WHEREAS,the City of Denton has certain property located at the North Lakes Park facility, Denton,Texas; and 1VHEREAS,the City of Denton desires to lease the property for operation of a golydriving range purposes to The Fundamentals Program, Inc.dba ONCourse USA in return for payment listed in the attached lease agreement; and WHEREAS, The Fundamentals Program, Inc. dba ONCourse USA desires to lease the property at North Lakes Park for operation of a golf driving range and agrees to pay to the City the request payTments; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: f SECTION 1. That the City Manager is hereby authorized to execute a lease agreement between the City of Denton and The Fundamentals Program,Inc.dba ONCourse USA, a copy of which is attached hereto and incorporated by reference herein. SECTION IL That this ordinance shalt become effective immediately upon its passage and approval. Passed and Approved this the_ _day of 1999. , i JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: � HERBERT L. PROUTY, CITY ATTORNEY BY: RFSP 21M •LEASE ORD 3 i V I i AGENDA INFOMIATION SHEET If AGENDA RATE: March 2, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Purchasing to Cary Tower 349-8424 ACM: Kathy DuBose, Fiscal and Municipal Services SUB.IF;CT !y AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF EQUIPMENT FOR POLICE SEDANS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 02314 - EQUIPMENT FOR POLICE SEDANS AWARDED AS LISTED BELOW IN THE TOTAL AMOUNT OF S31,408.00). BACKGROUND (See attached Tabulation Sheet) RECOMMENDATION We recommend this bid be awarded to the lowest bidder,meeting specifications, for each item as listed: ITEM QTY DESCRIPTION SUPPLIER F$696.40 OST EXT. COST 1. 10 Light bar G.T.Dist, S 6 964.00 2. 12 Siren G.T. Dist 1.50 S 9 498.00 3. 10 Traffic arrow Priorit 55.00 S 1 550.00 4. 12 S eakers Priorit 95.00 S 1 140.00 5. Il Console Priorit 85,00 S 2035.00 6. I l Radio shelf Priorit y 00,00 S l 100.00 7, 12 Headlight flasher G.T. Dist, S 44.50 S 534.00 8._ ll Shotgun rack G,T. Dist. 5178.90 S 1,967.90 9, it Shotgun rack G.T. Dist. S296.80 S 3 264.80 10. 27 Flashlight G.T. Dist. S 62.90 S 1 698.30 11. 10 Screen cage 01. Dist. SI65.60 S 106.00 TOTAL AWARD 531,408,00 F,sllNl,%TEDSCIIEDUI,r, orpgoiEcT t, Quoted delixery is approximately 30 days after receipt of a purchase order or approximately March 20. 1999. r U AGENDA INFORMATION SHEET MARCH 2, 1999 PAGE20F2 FISCAL INFORMATION Funds for this equipment will come from a Motor Pool account(720.025.0592.9104) and will be charged to the individual vehicle cost BID INFORMATION 1 This bid is for the equipment required to outfit the l I new police patrol sedans and 2 CID sedans previously approved by Council. Fifteen of the flashlights will be issued to the Police Reserve. They have already reimbursed the City or Drnlon. Respectfully submitted: Name: Tom Shaw,C.P.M., 349.7100 Title: Purchasing Agent Allachment tf I: Tabulation Sheet , i i!a AUENDA C 2 - t ,. c< a i ATTACHMENT 01 I TABULATION SHEET Bid #:2314 Date: 12/10/98 EQUIPMENT FOR POLICE SEDANS i ITEM I QUAN, I DESCRIPTION Vendor Vendor Vendor PRIORITY PUBLIC LAW G.T.DIST. SAFETY GALLS ENFORCEMENT 1 10 Federal Signal Streethawk Llghtbar per Spec $696.40 $598.50 $717,57 $543.43 2 12 Federal Signal SrnartSiren with SignalMaste►,M crophone and ext. cable $791.50 $849.50 $953,97 $875.65 3 10 Federal Signal SignalMaster 8 Lamp Traffic Arrow $132.90 $155.00 $142.49 $153.48 4 12 100 Watt Siren Speakers,Grille Mounted $128.90 $95.00 $82.79 $130.47 5 11 Troy 12 0Console with No Holes Mounting System $279.50 $185.00 NB NB 6 11 Slide-Out Radio Shelf Unit-Halls Shields $109.90 $100.00 NB NB 7 12 O-Switch Headlight Flasher with amp connector&loopback $44.50 $45.00 $53.09 $50.52 8 11 ProGard Horizontal Barrier Mounted Gunrack with 10 second Timer $176.90 $185,00 $192.23 NB 9 11 Remington 870 Shotgun,I8"Barrel, Parkerized, Synthetic, 5-shot capacity $296.80 $319.00 NB $334.10 10 21 Slreamlight SL20XP Flashlight w/DC Sleeve (Console Mounted) $62.90 $84.00 $76.49 $66.00 11 11 ProGard Screen Cage with Bucket Seat Protector $165.60 $189.00 $499.98 NB t ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF EQUIPMENT FOR POLICE SEDANS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID #2314 — EQUIPMENT FOR POLICE SEDANS AWARDED AS LISTED BELOW IN THE TOTAL AMOUNT OF 531,408.00). WHEREAS.the City has solicited, received and tabulated competitive bids for the purchase of necessary materials,equipment,supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS,the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials,equipment,supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials,equipment, supplies or services approved and accepted hcrcin; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the"Bid Proposals"attached hereto,are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NLAIBER ia_ VENDOR AMOUNT I 2314 1,2,7.11 G,T, DIST. 525,583.00 2314 3.6 PRIORITY 5 5,825.00 I SECTION 11, That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance wi:;t the terms, specifications,standards,quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 111. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Nlanagcr or his designated representative is hereby authoritcd to execute the written contract which shall be attached hereto; prof tded that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and ! +, specified sums contained in the Bid Proposal and related documents hcrcin approved and accepted. 4 0 U SECTION [V. That by the acceptance and approval of the above numbered items of the submitted bids,the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this oL'tnance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day or 1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY i 1714 SUPPLY.ORDNANCE. M A, I i S . A C 1. i01Md1 - 01 � �ROM AGENDA INFORMATION SHEET D* L s AGENDA DATE: March 2, 1999 Questions concerning this acquisition may be d'rected DEPARTMENT: Purchasing to Howard Martin 349-8232 AChI: Kathy DuBose,Fiscal and Municipal Service C) . LtB.IE T: 1� AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF WATER TREATMENT CHEMICALS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING AN EFFECTIVE DATE (BID #2335 — WATER TREATMENT CHEMICALS AWARDED AS LISTED IN THE ESTIMATED AMOUNT OF$452,000). BACKGROUND: (See attached Tabulation Sheet RECOMMENDATION: We recommend all items be awarded to the lowest hideer netting specifications and firm pricing requirements as listed, Lower prices offered for items 3, 5,7,and 10 failed to meet specifications or prices were not firm for one year. ITEM# CHEMICAL VENDOR UNIT COST NSF-60 PRICE CERTIFIED PERIOD 1. Chlorine DPC 0.1115db 223/ton Yes 12 Months 2. Sulfur Dioxide DPC 0.213ab 426/Ton $No 12 Months 3. Flurosilic c Acid Pencco 0.0704b 143.40,Ton Yes 12 Months 4, 50 116 Caustic Coastal 0.0676/lb (Diaphragm Grade Products 173.20Ton Yes 12 Months 5. 50 116 Caustic Advance 0.161b _ Racon CradeI 320/Ton Yes 12 Months & Potassium Carus t.1911b _ Permanganate 2382/ton Yes 12 Months 7 Anhydrous AmPac 0.29231b Ammonia 584.60/Ton Yes 12 Months K Femc Sulfatc FINI 0.0461b 92,Ton Yes 12 \[onths 9. ! Sulfunc A:id Scholle 0.031b _ 60.Ton _ Yes l2 Months 10, Polymer Maintenance 0.455 lb _Enginctnng 910 Ton Yes 12 lfonths 'Sulfur Dioxide does rot require a NSF-60 Cenification a AGENDA INFORMATION SHEET � MARCH 2, 1999 PACE 2OF2 > STIMAT M SCHEWLE OF PROJECT: Each chemical listed can be shipped within three to seven days,and will to ordered, as needed. throughout the year. FISCAL INFOICNIATIONt These supplies will be purchased from 1998-99 budget funds, DID 1NFOR.NIATION t This bid is for an annual price agreement for the purchase of chemicals used ', tic water Product an department. These are used to treat the City of Denton water supply which is distributed throughout the city. The price agreement will be in effect for one year from dote of award and ordered as needed, Res :::, subtnitirds Name: Tom Shaw,C.P,SI.,349.7100 Title: Purchasing Agent Attachment#1: Tabulation Sheet I I v!.AGES f1 i I a i i Z ` I i I II BID# 2335 Date: 219199 WATER TREATMENT CHEMICALS No. QI . DESCRIPTION I VENDOR I VENDOR VENDOR r"Delta :! W Harcros HCl W ✓' u $ 1 Advanced �" @ BBB LL Oist.Chemical Chemical Fertilizer 500,000 Liquid Chkxine(one-ton 3204n nb nb nb Ibs cylinders) y ( 1611b) 200,000 Sulphur Dioxide(one-ton 519M nb nb nb 2 tbs. cylinders) y (25951115) 3 120,000 Fluorosllkic Acid(4,000- y 131.2W nb nb y .07654b wt. Lbs. 4,500 gallon truckloads) (,06SUb) Liquid Causl c Soda — , 4 1,000.000 Diaphragm Grade (Dry y (0,?� 105Ab nb y .09611b Basis Pounds) u, 12 000 dry Liquid Causlic Soda— 315 DOAn 5 ibs Rayon Grade (Dry Basis y (157541b) y 12 1611b nb nb Pounds) o ass um 6 50000lbs Permanganate(251(g. y 1.37511b y 12 1,2094b nb y 1.304Ab Canislers) 13,230# 72,000 Anhydrous Ammonia r Bit. C-grade 7 Us (2,500 to 3,000 lb nb nb y e .0121b nb Shipments) 8 3,000,000 Liquid Fenk Sulfate nb nb nb nb wt ILbs (Wet Pounds) Sulfuric Acd—Technical 9 150, . Grade(shipped by tank nb n 12 .0311115 nb n 0.037 tbs. Iruck) Cetionk Polymer-Bulk 10 6t1,0001bs. Shipments(1,51,?DO nb nb Pb nb 00. ga) delivery 3 days 2.3days 13 day - III wl BID# 2335 Date: 219199 l WATER TREATMENT CHEMICALS No. OI . DESCRIPTION I VENDOR VENDOR I VENDOR VENDOR IL QPC Ind. S c Rochester 8 Cote 8 a Nalco 2 9 z g Midland vi Chemical 99 Chemical 500,000 Liquid Chlorine(one-ton 12 223,OOM nb nb nb Ibs. cylinders) y (AISAb) 2 200,000 Sulphur Daxide(one-ton 426.00nn .3025Ab lbs. cytinders) n 12 (.213Ab) n1) n 8 (4,001cyVday) n1) 3 1-10,000 Fluorosikic Acid(4,000- nb nb y 12 123Ab nb wt, Lbs 4,500 gallon truckloads) 1,000,000 165 OOltn Liquid Caustic Soda - 4 dry Ibs. Diaphragm Grade (Dry y 12 105 001tn nb y 12 ,117111) nb Basis Pounds} p 12,000 dry Liquid Causlc Soda - 510 0011n 30 5 Ibs, Rayon Grade (Dry Basis y 12 (255111)) nb y day .146Ab nb Pounds) otass um 6 50,000 Ibs Permanganale(25 Kg. nb nb y 12 1 25Ab nb Canislers) 13,23011 shipments --- 12,000 Anhydrous Ammonia 7 Ibs (2,500 to 3,000 lb. y 12 10olb nb nb nb Shipments) 8 3,000,000 LigAd Ferric Sulfale no 12 .141lb y 12 .0561b nb wl ILbs (Wet Pounds) 150,000 Sulfuric Acid-Technical 9 Ibs Grade(shipped by tank nb nb 12 .04121b nb truck) Cationic Polymer-Bulk 60,d00 rbs. Shipments(1,500.1,700 nb 12 .77Ab y 12 .705Ab y 12 2.41Ab ga.) delivery 2-3 day 5 dr ys 2.10 days 5 days J BIDE 2335 Date; 2/9199 WATER TREATMENT CHEMICALS No. Oily, I DESCRIPTION I I I VENDOR VENDOR VENDOR VENDOR I 01 N $ $u Central $ g a Fort Bend Rholda Garden d Cy�lec Ind. % Svcs z Pet w B 500,000 Liquid Chlorine (one-Ion nb nb nb nb Ibs, cylinders) 2 200,000 Sulphur Dioxide(one-Ion nb nb nb nb bs cylinders) .3 120,000 Fluorosilicic Acid(4,000- no nb nb nb wt. Lbs 4,500 gallon truckloads) 3 1,000,000 Liquid Caustic Soda - 4 dry Ibs. Diaphragm Grade (Dry nb nb nb nh Basis Pounds) 12,000 dry Liquid Caustic Soda- 5 Ibs Rayon Grade (Dry Basis nb nb nb b Pounds) i Potassium 6 50,000 Ibs Permanganale(25 Kg. nb y 12 1 2711b nb nb Canisters)13,2300 i Anhydrous Ammonia 7 74b000 (2,500 to 3,000 lb nb nb nb nb Shipments) 8 3,000,000 uigwd Ferric Sulfate nb nb no nb wt 1Lbs (Wet Pounds) 150,000 Sulfuric Acid-Technical 9 Ibs Grade (shipped by tank y 12 14508 nb nb nb truck) Cationic Polymer-Bulk 10 68,000 Ibs Shipments(1,500•t,700 nb y 12 .619JIb 49311b y 12 SSAb ga) [ delivery 3 clays 3 days 3-5 days 3 5 days i y BID# 2335 Date; 219199 WATER TREATMENT CHEMICALS No. Ot . DESCRIPTION VENDOR VENDOR VENDOR _ VENDOR Water Malnlenance 8 Carus ' Polydyne Tech. Eng. Corp � Chemical Inc, 1 500,000 Liquid Chlorine(one-Ion nb nb nb nb lbs cylinders) 2 200,000 Sulphur Dioxide (one-Ion nb nb nb nb lbs cylinders) 3 120,000 Fluorosilitic Acid(4,000• nb nb nb nb wl Lbs 4,500 gallon 1ruckk ads) 1,000,000 Liquid Caustic Soda- 4 dry Ins Diaphragm Grade (Dry nb nb nb nb Basis Pounds) Liquid Caustic Soda - 5 , dry Rayon Grade (i7ry Basis nb nb nb n3 ibs Pounds) Potassium 6 50,000 lbs Permanganale (25 Kg y 12 1.1931b nb y 12 $191Ab nb Canislers) 13,210 Rhiaments 72000 Anhydrous Ammonla 7 lbs (2,500 to3,DOOlb. r nb nb nb Shipmonls) 8 3,000,00n Liquid Ferric Sulfate nb nb nb nb wt Us (Wet Pounds) r 150,000 Sulfuric Acid-Technical 9 lbs Grade(shipped by lank ob nb rib nb Ruck) Cationic Polymer-Bulk 37ANMP) 10 68,000 lbs Stupmenls(1,500.1,100 y 12 559b y 12 AM nb if 12 AM(016) 9a ) delivery 6 days 5 7 daYS 3-5 days i I BID# 2335 Date: 2!9199 WATER TREATMENT CHEMICALS No. Qty. DESCRIPTION VENDOR VENDOR VENDOR VENDOR 0 $ � P oductsl� $ � Ampac s a � Am Intl V � Pencco Chem, Cnern al Chemical Inc. 500,000 Liquid Chlorine(one-ton 12 272,OOAn nb nb nb 1 Ibs cylinders) Y (.136Ab) 2 200,000 Sulphur Dioxide(one-Ion nb nb nb nb Ibs. cylinders) 3 120,000 fluorosilicic Acid(4,000• nb nb nt y 12 0717Ab wl Lbs, 4,500 gallon truckloads) ,000 Liquid Caustic Soda 1752An 4 1,dry 000'0 Diaphragm Grade (Dry y 12 (0878Ab) y 12 .09938Ab nb nb Sasls Pounds) 5 12,DOs dry Rayon Grade tl(DSoda asis y 12 2452�5/Ib rb nb nb Pounds) Po ass um 6 50,000IUs Permanganate(25 Nq. Canisters)13,230# nb nb y 12 124150 nb i_ 72,000 Anhydrous Ammonia 7 lbs ',2,500 to 3,0001b. nb y 12 .2923Ab nb nb Shipments) 8 3,000,000 Llquld ferric Sulfate nb nb nb nb wtlLbs, (Wet Pounds) 150,000 Sulfuric Acid—Technical 61 601T 9 Ibs. Grade(shipped by lank Y 12 (,0375Ab) nb nb nb truck) Cationic Potymer•9ulk 10 68.000lbs Shipments(1,500.1,700 y 12 4324b nb nb nb ga ) dollvery � I.3days 5rlays : lndrrys BID# 2335 Date: 219199 WATER TREATMENT CHEMICALS No,I Qty. DESCRIPTION I VENDOR VENDOR VENDOR >a B Flnl Scholia L,C,( Itd Enterprises Corp 500,000 Liquid Chlorine(one-Ion nb nb nb bs. cylinders) 2 200,000 Sulphur Dioxide(one.tun nb nb nb bs. cylinders) 3 120,000 Fluorosibcic Acid(4,000• nb nb y 12 .091611b wt. Lbs. 4,500 gallon truckloads) f 1,000 000 Liquid Caustic Soda- 4 dry Ibs. Diaphragm Grade (Dry nb nb nb Basis Pounds) 12 000 dry Liquid Caustic Soda- 00 5 Ibs Rayon Grade (Dry Bails nb nb nb Pounds) 1 o ass um 6 SUN lbs Permanganate(25 Kg nb nb nb Canisters) 13,2300 72000 Anh�drousAmmonle Ibs (2,500 to 3,000 lb, nb nb nti Shipments) 3,000,000 Liquid Ferric Sulfate 24 .046Ab nb nb 8 wt It bs (We[Pounds) y r Sulfuric Acid-Technical 030Ab 150' Grade (shipped by tank y 24 .032Ab y 42 60.001in nb Ibs, truck) "as W Cationic Polymer-Bulk 90 68,000 Ibs. Shipments (1,500-1.700 nb nb nb ga) deilvory 1 day 1 2 days 7.10 days ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF WATER TREATMENT CHEMICALS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;AND PROVIDING AN EFFECTIVE DATE (BID #2335 — WATER TREATMENT CHEMICALS AWARDED AS LISTED IN THE ESTIMATED AMOUNT OF$452,000), WHEREAS,the City has solicited,received and tabulated competitive bids for the purchase of necessary materials, equipment,supplies or services in accordance with the procedures of STATE Iaw and City ordinances;and WHEREAS,the City Manager or a designated employee has reviewed and raommended that the herein described bids are the lowest responsible bids for the n atcriets, equipment, supplies or services as shown in the"Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials,equipment,supplies or services approved and accepted herein; NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENT014 HEREBY ORDAINS: SECTION 1, That the numbered items in the following numbered bids for materials, equipment,supplies,or services, shown in the"Bid Proposals" attached hereto,are hereby accepted and approved as being the lowest responsible bids for such items: j { BID ITEM hLUMBER .hSL VENDOR AMOUNT 2335 112 DPC EXHIBIT "A" 2333 3 PENCCO EXHIBIT "A" 2335 4 COASTAL PRODUCTS EXHIBIT "A" 233S 5 ADVANCE EXHIBIT"N' 2335 G CARUS EXHIBIT"A" 2335 7 AMPAC EXHIBIT"A" 2335 8 FINI EXHIBIT"A" 2335 9 SCHOLLE EXHIBIT "A" 2335 10 MAINTENANCE EXHIBIT "A" ENGINEERING i SECTION 11. That by the acceptance and approval of the above numbered items of the ► , submitted bids, the 0ty accepts the offer of the persons submitting the bids for such items and + ( 1T agrees to purchase the materials, equipment, supplies or sen-ices in accordance with the terms, speci lications, standards,quantities and for the specified sums contained in the Bid Imitations, Bid Proposals, and related documents. 9 r SECTION Ill. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is he' +y authorized to execute the written contract which shall be attached hereto; provided that the wi atten contract is in accordance with the terms, conditions, specifications, stAndards, quantities and specified sums contained in the Sid Proposal and related documents herein approved and accepted, SECTION W'. That by the acceptance and approval of the above numbered items of the submitted bids, thy. City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant io a written contract made pursuat t thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this day of 1999. I JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY DY APPROVE,')AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 1 M Bl': V?? SLPPLY ORDINV%cl i I ` t-' t to I i 7 EXHIBIT "A" ITEMR CHEMICAL VENDOR UNIT COS3 NSF-60 PRICE CFRTIFIED PERIOD 1. Chlorine DPC 0.11151b 22311.:" Yes 12 Months 2. Sulfur Dioxide DPC 0.213,1b 42&7on I 'No 12 Months 3. Flurosilicic Acid Pcncco 0.011 Mb 143.40/Ton Yes 1 12 Months 4. $D%Caustic Coastal 0.08764b a hra m Grad• Products 173,20/Ton Yes 12 Months 5. 500,:Caustic Advance 0.161Ib Ravon Gradc 320/Ton Yes 12 Months 6. Potassium Carus 1.191/lb permanganate 2382lon Yes 12 Months 7. Anhydrous AmPac 0.2923/lb Ammonia 584.60/Ton Yes 12 Months 8. Ferric Sulfate FrM 0.046Ab 92/ron Yes 12 Dlonths 9. Sulfuric Acid Scholle 0.03Ab 60/Ton Yes 12 Months 10. Polymer Maintenance 0.45$Ab Engineering 9101on Yes l? Months i 'Sulfur Dioxide does not require a NSF•60 Certification 4 r I 4 � w 1 ai1MQ1 dla O�12 Apr"0 AGENDA INFORMATION SHEET a, AGENDA DATE: March 2, 1999 DEPARTMENT: Police CAI: Michael W. let, 349.7926 SUBJECT An Ordinance authorizing the Mayor to execute an interlocal cooperation agreement between the City of Denton and the City of Roanoke for the impoundment and disposition of dogs cold cats and the collection of fees pursuant to the provisions of said agreement; and providing for and effective date. BACKGROUND: The City of Denton and the City of Roanoke have'had iuterlocal agreements for the impoundment and disposition of dogs ar,d cats for the past seven years, The animals delivered to the City of Denton under this agreement have not caused conditions of overcrowding at the Animal Control facility. The agreement states that the City of Denton will provide the following services to the City of Roanoke for the impoundment and disposition of animals delivered to the City of Donlon from the City of Roanoke: (1) The City of Denton will hold these animals for ninety-six (9r ' hours if not claimed by an owner, If the owner does not claim the animal within the prescribed ninctysix(96) hours, the animals will be cuthanised or made available for adoption. (2) The City of Denton will accept and hold rabid suspects in quarantine for ten (10;days. (3) The City of Denton will remove and ship the heads of rabid suspects for rabies testing by the Texas Department of Health, For the services,the City of Roanoke agrees to pay fees set forth in the agreement as fal lows: (1) Sic dollars($6.00)per day per animal held for rvwlamation by the owner. (2) Seven dollars($7.00) per day per animal held in quarantine as a rabies suspect. (3) Fiticen dollars($15.00) for each animal cuthanized. (4) Thirty-five (535.00)for each decapitation and shipment. t 1. The City can choose not to renew the Intertocal agreement with Roanoke, 2, The City can approve the ordinance and renew the interlocal agreement. PRIOR ACTION/REVIEW The allached interlocal agreement has been reviewed for legal form and content by the City of Dcnton Legal Department. The agreement was approved by the Roanoke City Council. FISCAL IMPACT The prescribed fees in the agreement are calculated to recover all costs of all services rendered and,rlrcrefore,this agreement does not result in an increase in expenditures. It is estimated that the revenue from this program will be approximately 51,500. Respectfully submitted, AAM"nj rGesJ Gary L.Matheson Chief of rolice Prepared by; 0OU CW'right Caplan Support Services Division sf1�� r s I ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL E COOPERATION AGREEMET'i BETWEEN THE CITY OF DENTON AND THE CITY OF ROANOKE FOR THE IMPOL-ADMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1, That the Mayor,or In his absence the Mayor ProTem, is hereby authorized to execute an fnierlocal Cooperation Agreement between the City of Denton and the City of Roanoke for the impoundment and disposition of dogs and cats, substantially in the form of the copy of which is attached hereto and incorporated by reference herein. SECTION II, That the City Council authorizes the collection of all fees as provided pursuant to the provisions of said Agreement. SECTION III. That this ordinance shall become Iffective immediately upon its passage and approval. i PASSED AND APPROVED this the day of lggg , JACK MJLLER, MAYOR ATTEST: JENNIFER WALTERS. CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTTYY,CITY ATTORNEY BY: 1WMdiVJ.rkav L4vr.=,Od�bMnn�,rrwiywwM i 3 STATE OF TEXAS $ § INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON § WHEREAS, the City of Denton, Texas ("Denton') and the City of Roanoke, Texas ("Roanoke')are both local governments with the authority and power to contract; and WHEREAS, Denton is engaged in the services of holding and disposing of dogs and cats i for the benefit of the citizens of Denton;and WHEREAS, Denton is the owner of certain facilities and equipment designed for the holding and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such facilities and equipment; and WHEREAS, Roanoke desires to obtain impoundment and disposition services for dogs and cats tendered by Denton, as more fully hereafter described, for the benefit of the residents of the City of Roanoke,Texas; and WHEREAS, Roanoke and Denton mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant thereto;and WIIEREAS, both Denton and Roanoke have the authority to perform the services set forth in this Agreement individually in accordance with Texas Government Code §191.011(c); and WHEREAS, Roanoke will make a',l payments for services out of available current revenues and Denton agrees that the payments made by Roanoke hereunder will fairly compensate it for the services provided; NOW, THEREFORE, the City of Roanoke and the City of Denton, for the mutual consideration hereinafter stated, agree as follows: A. COVENANTS OF THE CITY OF DEMON 1, Holding of Dogs a_nd Cam, Denton agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of Roanoke under the following terms and conditions: a. Holding P-triod for Dogs and Cali, Denton agrees to hold such dogs and cats for l '' a period of ninety-six (96) hours from the time they are accepted by the Animal Control Center in order to allow the owners of the impounded animal a reasonable amount of time to reclaim the Impounded animal. If the animal is not recWtned within the ninety-six(96) hour period, the ownership of the animal shall revert to the Animal Control Center. Animals will be humanely destroyed or placed for j adoption at the discretion of the Animal Control staff. b. Golding Fees for In= nded QgIPa and Cata. For the purpose of this Agreement, Denton will charge six dollars (56.00) per day holding fee for each day that an animal is held at the Ani,.lai Control Center. In determining the meaning of the term "animal" as used herein, it Is agreed that a pregnant animal which has its litter while being held,or an animal which is nursing its litter and is being kept in the same cage, will be considered one animal for the assessment of charges provided for in this Agreement. This fee will be assessed against the owner of the i animal at the time the animal is reclaimed. No animal will be released until all applicable fees are paid in full. c. Holding of Ouarantine Ani in als. Denton agrees to accept and hold rabid suspects in quarantine for Roanoke when conditions permit, and such action is authorized by it representative of Roanoke. d. Holding Fees for Ottarant:ned Animals. The holding fee for quarantined animals shall be seven dollars($7.00) per day for each day that the animal is held. e. Head Shipments and Rabies Testing. Upon request of Roanoke, Denton will provide for the removal and shipment of heads of rabid suspects for clinical rabies testing at the Texas Department of Health. The fee for this service shall be thirty- 6•.e dollars($35.00)for each head shipped. b. COVENANTS OF THE CITY OF ROANOKE 1. Financial Responsibilities. In order to reimburse Denton for its costs incurred under this Agreemenl, Roanoke agrees to pay for the holding fees and r.dmasia fees on dogs and cats received from Roanoke or its authorized agent if the animal(s) Is not ` reclaimed by the owner. These fees will be assessed on the following basis: a. Euthanized Animal: $6.00 per day holding fee for each animal as determined herein,plus S ISM euthanasia fee. b. Adopted Animal: $6,00 per day holding fee for each animal as determined herein. c. Recd Shiptents: $33.00 shipping fee. �. 2. Denton will collect Impound fees duly authorized by Roanoke and as specified in this paragraph from the owners of dogs and cats received from Roanoke. Impound fee monies will be applied to fees owed Denton by Roanoke for animals not reclaimed by the owner: 6 Y i I � I IMPOM FE I'Impoundment-$20.00 2nd Impoundment-$30.00 3'4 Impoundment-$45.00 0 Impoundment-$67.00 3. Roanoke agrees payment shall be made within forty-five (45) days of receipt of invoice by Roanoke. IL Denton agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all Denton's employees and agents, Denton's subcontractors and/or cont-nt laborers doing work under a contract or agreement with Denton in performance of this Agreement with Roanoke. Roanoke agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all Roanoke's employees and agents, Roanoke's subcontractors and/or contract laborers doing work under it contract or agreement with Roanoke in performance of this Agreement with Denton. It I,. further agreed that if claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texas. This paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of the State of Texas. It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this Agreement shall be for the benefit of the parties hereto. The fact that Roanoke and Denton accept certain responsibilities relating to the collection and impounding of dogs and cats under this Agreement as part of their responsibility for providing protection for the public health and welfare and, therefore, makes it imperative that the ` performance of these vital services be recognized as a governmental immunity shall be, and is hereby invoked to the full extent possible under the law. Neither Dorton nor Roanoke waivea of shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against the claims arising from the exercise of governmental functions. The term of this Agreement shall be for a period of one (l) year, commencing as of October 1, 1998 and ending September 30, 1999. Thereafter, this Agreement shall be renewed for successive additional one (1) year terms commencing on October I of each year if Roanoke and A, ` c Denton agree in writing on or before the first day of October to a successlve term and the amount of consideration to be paid hereunder for each successive term; provided, however, either party may terminate this Agreement upon thirty(30)days written notice to the other. I 8 i This Agreement represents the entire and intesrated agreement between Denton and Roanoke and supersedes all prior negotiat£r ns, represen tations, and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both Denton and Roanoke. V1. This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto,shall be governed by the laws of the State of Texas. VII. In the event that any portion of this Agreement shall be found to be contrary to law, it is the Intent of the parties hereto that the remaining portions shall remain valid and in fill force and effect to the extent possible, V£ll. The undersigned officer arWor agents of the parties hereto are the properly authorized officials I and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolution$ extending said authority have been duly passed and are now in full force and effect. EAECUTED In duplicate originals this the_day of 1999. r C11 Y OF DENTON,TEXAS BY: JACK MLLLER,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ` i APPROVED AS TO LEGAL FORM: HERBERT L. PROUTYr CITY ATTORNEY ' r BY: U u CITY OF ROANOKE,TEXAS Y ATTEST: CITY SECRETARY 11 I BY: APPROVED AS TO LEGAL FORM: CITY ATTORNEY BY: _ 1 8 C, AQMId7 lo I AQNkk Im" AGI'.NDA INFORMATION SHEET AGENDA DATE: March 2, 1949 DEPARTMENT: Iabrsry ACM: Kathy Dulilose,Assistant City MAnagerJFiscal and Municipal Serviceaj�c 511BJECT i An ordinance authorizing the City Manager to execute a grant application with the Schools and Libraries Corporation (SLC) for telecommunication and Internet services and approving an application to the SLC to obtain a grant for telecommunication and Internet services for the Denton Public Library; ratifying the salons of the City Manager, Director of the Library, and other City officials In regard to this grant application; and providing an effective dale. @�KGRUI�'1D: r On May 7, 1997, the Federal Communications Commission(FCC)adopted a Universal Service Order implementing the Telecommunications Act of 1996, The Order ensures that all eligible schools and libraries have affordable access to modern telecommunications and information services. Up to $2.25 billion annually is available to provide eligible schools and libraries with discounts, often referred to as the"E-rate",for authorized services. The E-rate was created by Congress to make modem telecommunications affordable for every K-12 school and public library in the nation. The program provides discounts rangir,3 from 20°/. to Wls toward the purchase of telecommunications services, Internet access and internal connections. The non-profit Schools and Libraries Corporation (SLC)is responsible for administering the P-rate under the direction of the Federal Communications Commission. The Library is currently using computer network concentrators to link the Dynix library system computers to each other and to the file server, which is now In the Information Services computer room. This equipment is limited in speed, and sends every data packet to every computer on the system at the same time. Switches will speed the transmission by sending the data packets directly to the intended destination instead of broadcasting them to all the computers on the system. In addition to providing faster service to the public, the switches will help keep response time low when the newer software from Dynix is added over the next few years, including world wide web access to our catalog The Library provides dial-up Access to the online catalog to the general public and online ' ' t maintenance capability to the Dynix staff via five Motorola modems,which have a top speed of 960 ` kilobits per second (KBPS). Most computer modems now in use by our customers, and certainly by the Dynix staff, run at speeds in excess of 56kbps. 1 t Current) if a staff'member usual) doing system administration tasks to Into the D nix system Y+ (usually S Y ) gs 3 Y from a remote location, he or she does so using one of the public-use modems. Th i not only precludes public use of this modem during the time the staff member is working from hone, but also provides a possible security hole. Purchasing a sixth modem, one with the capability of identifying and verifying an incoming call as a legitimate staff ra01, ane then calling that staff member back for the actual work, would help Increase the security of the Dynix files. The Library is providing library customers free access to the Internet through Texas Woman's University and Texas Nigher Education Network(THENet). The cost for this It currently $3,600 a year, billed at $300 monthly. This cost Includes unlimited access for as many users as we have equipment. Library customers use the Internet on an average of 600 hours per month, in addition staff members use it to supplement in-house reference sources. This grant funding would provide: t. Replacement switches for nine(9)concentrators 2. Replacement modems for Ave(S)modems 3. One(f)additional modem with remote authentication for staff use 4. One(1)year's charges for Internet service from THENet RECOMMENDATION: Staff recommends approving the grant proposal. If fully funded, this grant would enable the Library to begin replacing older equipment with newer technology, helping to provide stateof-the-art access to the general public who use the Library's services. P1UQR ACTIONIREVIEW(Conadt.Boards.Commcaioa3: The Denton Public Library System Technology Plan has been written and approved by then City Manager Ted Renavides and Alex Pettit, Director of Information Services, u a criteria for applying for this grant. The Technology Plan has also been certified by the Tex" State Library as a contingency of the grant application as well. FISCAL*FORMATION: The grant, if funded, would cover the costs of the new equipmvt and continued Internet service to the public. Respectfully submitted. ` . llr'� Eva Poole Director of Library Servicra 2 1 U t. I it ` I . I i I I ORDINANCE NO. I AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT APPLICATION WITH THE SCHOOLS AND LIBRARIES CORPORATION (SLC) FOR TELECOMMUNICATION AND INTERNET SERVICES AND APPROVING AN APPLICATION TO THE SLC TO OBTAIN A GRANT FOR TELECOMMUNICATION AND INTERNET SERVICES FOR THE DENTON PUBLIC LIBRARY; RATIFYING THE ACTIONS OF THE CITY MANAGER, DIRECTOR OF THE LIBRARY, AND OTHER CITY OFFICIALS IN REGARD TO THIS GRANT APPLICATION; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the City Council desires to authorize the City Manager or his designee to submit an application to the Schools and Libraries Corporation for a telecommunication and Internet services grant for the Denton Public Library; NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION 1. That th'i City Manager Is hereby authorized to make a grant application to the Schools and Libnurles Cc rporation to obtain a telecommunication and Internet services grant for the Denton Public Ubrari,to execute the grant application, to make all certifications, and to execute any contract or other documents necessary to obtain financing for this program. The Director of Library Services,the City Attorney, and any other City officials are also authorized to make any certifications as necessary to obtain the grant. SECTION 11. That all prior actions of the City Manager, Library Director,and other City 1 officials in executing various documents and certifications with regard to said grant application 1 are hereby approved and ratified. , SECTION Ill. That the City Council has found and determined that the meeting at which this ordinance is considered is open to the public and that notice thereof was given in accordance with the provisions of the Texas open meetings law, TEX. GOV'T CODE ch. SSI, as amended, and that a quorum of the City Council was present. SECTION IV, That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of., 1999. i TACK?,1ILLER,MAYO' t 3 4> i u I I i I ATTEST: JENNIFER WALTERS,CITY SECRETARY I BY: I APPROVED AS TO LEGAL FORM: HERBERT L.PROUTY, CITY ATTORNEY BY: r j i {I z I I i 4 .t M r I 1 AGENDA INFORMATION SHEET A91ROtI1NM ; AGENDA DATE: March 2, 1999' 1 �. DEPARTMENT: Planning Department fit, CMIDCi111ACM: Rick Svehla, 349.1715 SUBJECT-Z-99.001: (Forman Wilhamaburg.Yemarv) Ifold a public hearing and consider approving a detailed plan for 15,3 acres in Planned Development 39 (PD 39) zoning district, The approved concept plan for the district allows for cluster homes with a mc:ximum density often(10) units to the acre in this area; the proposal fs for ninctyfour (94) single-family lots, translating into approxiametely 6.2 units to the acre. The Planning and Zoning Commission recommended approval (5.2). }3_ACKG09UNJ The applicant is requesting approval of a detailed plan that conforms to the concept plan for Planned Development 39 (PD 39) zoning district (see Attachment 1 - Enclosure 7). This sixty (60) acre planned development contains a mixture of land uses, including single-family, multi- family and general retail. Roughly fifty(50)acres within this PD are identified for cluster homes with a maximum density of ten (10) units to the acre. In short, cluster home development is defined as high density single-family design. The following analysis provides a comparison between the proposed development; !I is coneistcni with all of the policies of the 1988 Denton Development Plan (DDP) as applicable and the 1998 Denton Plan (DP) Growth Management Plan and Policies (see Attachment 1 - Comprehensive Plan Aralysis section). +I The City Council may recall a similar Chart 1, Denton Garden Addition Lai Wgia request by the applicant in December - of last year. In that case, commonly so 11 rererred to as Denton Garden 70 Addition, the request was for a 60 single-family subdivision with one so hundred and seventy-three (173) lots 40 on 34.133 acres (sce Chart I); the 30 Commis-lrn recommended the 20 detailed plan, but with two (2) fever t0 lots. As proposed, the lots ranged n 7 from 5,500 square feet to above 6,600• :1,001 • esot • 7,001 • a,0o: 8,000 square feet. Seventy-seven 6,000 111600 1,000 8,000 percent (77%) of these lots were less Lot nia(equate rnq than sever thousand (7,000) square feet. As Chart I demonstrates, the single, largest concentration of lots (42%) was found in \ , the 6,001 to 6,500 square foot lot size category. The proposed mix of lots produced an overall density of 5,07 lots per acre. Though it contained small lots throughout, the mix of lot sizes achieved a Icss dense neighbor:tood across the 34 acres than could be achieved using existing land use regulations. As mentioned above,the new ,:quest being considered by City Council has an overall density of 6.16 unite per acre cor..pared to the 5.07 lots per acre of the previous request. l 99 001 cc kaff R4vrl doe 1 r The current request by the Chart 2. Forman Wllllamaburg Square Lot Sizes s applicant is different from his ----- __.-_--.----�,-.---- -�-�--- 1 previous in that it does not require 70 the creation of a new zoning B0 j district,but simply the approval of a detailed plan that conforms with the regulations of the original b 40 concept plan. As submitted, the 30 dctalkA plan has a minimum tot 20 size of 4,400 sq iare feet(see Chart 10 2). As proposed, the single, 0 largest concentr:++:,n of lots (77%) 4,400, 5,001 • 5,501 • 6,001 • Y'0014 is found in the 4,400 to 5,000 6,000 6,600 0,000 1,000 1 square foot lot size category, The Lot alaa (!aquas Faat) overall density Is 6.16 units per acre, well under the ten (10) units per acre allowed by the concept plan. y However, the d;lailed plan does not include all of the lots that would be in the proposed Forman Williamsburg Square subdivision, The lots within PD 39 would be Integrated into a neighborhood totaling one hundred and eighty-1wo(182) lots (see Attachment 1 • Enclosure 7). The proposed neighborhood would contain ninety-nine (99) lots with less than seven thousand (7,000) square feet and eighty-three (8t) lots with a minimum of seven thousand t (7,000) square feet. The overall density would be 3.33 units per sere, Including the lots within the Single-family 7 (SF-7) zoning district. The seventy-eight (18) lots contained within the Single-family 7 (SF-7) zoning district are not part of the request before the Commission. i If the prop fly within PD 39 was developed with even smaller lots to attain the maximum density alto%Pod by the concept plan, the developer could potentially build a two hundred and thirty(230) %h,Ile-family lot or 6.74 lots per acre subdivision scrom the 34,133 acre site, )o The detailed plan provides for buffering and landscaping. There will be a physical buffer, i.e. a fence, erected along the northern boundary of tear yards of all lots that are adjacent to Lorip 288. One (l) canopy tree and thm (3) understory trees per one hundred (100) linear feet will be planted along this buffer. Ibis amounts to two hundred and fifty-seven (257) trees visible from Loop 288. There will also be two(2) trees in the front yard of each of the one hundred and four(104)lots. There has been one response from surrounding property own,:rs. It is in favor of the request. PRIOR ACTION1REVIivW January 8, 1999 - Application and fces received by the Planning Department. January 21, 1999 - Development Review Committee reviews detailed plan. January 27o 1999 - Planning and Zoning Commission recommended approval (5-2) of the proposed detailed plan as recommended by staff, z.vv-001 CC&dffR pon Aa 2 t, u FISCAL.INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term p,iblic Improvements that are the responsibility of the city. As it form of tnfill development, no extension of public infrastructure is necessary to service this site, SUGGESTED RECOMMENDATION Tht Planning and Zoning Commission recommends approval (5-2)of the proposed detailed plan finding that: 1. The detalled plan complies with the general concept plan approved for PD 39, 2. The detailed plan provides for it compatible arrangement of buildings and land uses and will not adverset a affect adjoining neighborhoods outside cf the property; 3. The detailed plan provides for adequate and safe circulation of vehicular traffic;and 4. The detailed plan substantially complies with all regulations of the city, OPTIONS 1. Approve as submitted. 2. Approve with conditions. I 3. Deny. 4. Postpone consideration. S. Table item. &TTACIIMENTS i, Pirmning and Zoning Commission Report, January 27, 1999, Z-99-001. 2. Planning and Zoning Commission minutes from January 27, 1999. 3. Draf!Ordinance, Respectfully I it vector of Planning and Development Prep red by: 4 C ayne cd r,r Planner 1 3 z04.001CY 1,00epmdoe t �" a c. ATTACHMENT 1 PLANNING AND ZONING COMMISSION REPORT STAFF REPORT r Su ject: Forman Williamsburg Square Sall Nymbe Z•99-001 W. Wayne Reed, PIE nr,er II eglnda Hate: January 21, 1999 Hold a public hearing and consider making a recommendation to City Council concerning a detailed plan for 16.3 acres within Planned Development 39 (PD 39)zoning district(see Enclosure 2). The approved concept plan allows for cluster homes with a maximum density of ten (10)units to the acre in this area or one hundred and fifty-three (153)lots: the proposal Is for nlnety-four(94)single-family cluster home lots, translating Into approxlametely 8.2 units to the acre, The Intent Is to develop a single-family subdivision with one hundred and eighty-two(182) lots(see enclosure 7), STUART LN 1 p pB8 s bra y� k C 0. LOCATION MAP Location: on the southc3st corner of Stuart Road and Loop 288 (see Enclosure 1). Site: 15.24 acres 4 1'nl (N;l of Sl,1 Rog W[k[ E , _ 11,511111 1 111 1611, Applicant: Owner. Brian Burke Forman Williamsburg Square, Ltd. Burke Engineering 1812 Arbor Creek Trail 1318 Auburn Drive Mansfield,TX 78083 Oenton,TX 78201 Planned devetopment zoning dfsfdcfs{PD)are Intended to pro vide for the development of land as an Integral unff for single or mixed use In accordance with a plan that may vary from the established regulations of other zoning districts for similar land uses. They are also meant to encourage flexible and creative planning to ensure the compatibility of land uses,to allow for the adjustment of changing demands 1 , meet the current needs of the community, and to provide for a development that Is superior to what could be accomplished In other zoning distrVs by meeting one or mere of the following purposes: (1) Provides for the design or lots or building; Increased recreation,oommon 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 speclal benefit to the p .,oely users or oommunity; (2) Protects or preserves topographical features, such as trees, creeks, ponds, floodplalns, slopes or hills;or (3) Protects or preserves existing historical buildings, structures, features or places, Planned Development 39 (PD 39)zoning district contains a mixture of land uses, Including single• faml!y, multi-family and general retail. It was established with a concept plan in 1982: CONCEPT PLAN -This plan Is Intended to be the first slap In the PD process for larger or long term developments. It establishes the most general guidelines, Identifying the land use types, approximate thoroughfare locations within the boundaries of the district. The district has remained undeveloped since being approved, Prior to any development, a detailed plan is necessary: DETAILED PLAN - This plan Is the final step In the process and Is requlred prior to any development. For smaller tracts or where final development plans ere otherwise known prior to rezoning, the detailed plan may be used to establish the distrlcl and be Ilis only required plan In the planned development process. It will contain Information specific b,the site. The Forman Williamsburg Square detailed plan Is In compliance with the reproved concept plan. 7 q7 W1 f1 i!3 t A,J.Xf rYx 3 I I i I The applicant is requesting approval of a detailed plan that conforms to the concept plan for Planned Development 39(PD 39)zoning district. This planned development contains a mixture of land uses, Including single-family, multi-family and general retail. It covers sane sixty(60) acres, running west- to-east between Stuart Toad and Sherman Drive on both the north and south side of Loop 288. Roughly fifty (50)acres wthin this PD are Identified for cluster homes with a maximum density often (10)units to the acre. In short, cluster home development Is defined as high density single-family design. The subject property represents fifteen (16) of the twenty-four plus (24.6) acres within the district located on the south side of Loop 288. The Planning and Zoning Commission may recall a similar request by the applicant a few months back In October of last year, That zoning case, Z-98-042, commonly known as Denton Garden Addition, Involved the croatien of a new planned development zoning district for one hundred and seventy-six (176)single-family lots on 34.133 acres (see Enclosure 6). The Intent of the applicant was to create a nolghborhood that was less dense than was allowed by existing land use regulations (see Enclosure 0). The lot sizes ranged from 6,500 square feet to above 8,000 square feat with the majority of those lots(139 or 78%)being less than seven thousand (7,000)square feet. The proposed Denton Garden Addition neighborhood would have had an overall density of 5.15 lots per ccre compared to the 6.74 lots per acre allowed by existing zoning regulations. The Commission recommended approval of an alternative detailed plan,which cont0ned one hundred and seventy-three (173) lots. The recommendation was conditional upon two (2) lots being removed I along the southern border of the detailed plan where lots abutted existing single-family homes zoned Single-family 10 (SF-10). This effectively reduced the total number of lots to one hundred and seventy-one (171), The applicant subsequently withdrew his request after City Council twice failed to either approve or deny Rat the December 8, 1998,and December 15. 1998, City Council meetings. I TMs :imp around the applicant has opted to Chut 1. Forman wiittamsburg Square Lot Sizes dwirfo the proposed nelghborhood In f „----- ----_^ -----�--- - -- conformance with existing zoning regulations. ro -- --_ The submitted detailed plan for ninety-four(94) so lots shows that these lots are wholly contained within within the boundary of Planned Development Aso 39 (PD 39) zoning district (see Enclosures 3 b 40 and 7). The minimum lot size is 4,400 square 30 - - --� feet (see Chart 1). The density Is 6.16 units 20 -� per acre, well under the ten (10) units per acre 10 s allowed by the concept plan. ° The cluster homes are Integrated into a 4,400. soot ' scot • I'M • r,o°1 + s,000 5,600 0,000 ! subdivision that will contain one hundred and Lot sl:�(Square Fay eighty-two (182) lots (see Enclosure 7). The proposed neighborhood will contain ninety-nine - -- - - — (99)lots with less than seven thousand (7,000)square feet and eighty-three(83)lots with a minimum ! 1 r 1 of seven thousand (7,000)square feet. The overall density would be 6.33 units per acre, Including the lots within the Single-family 7 ($F-7)zoning district. The seventy-eight (76) lots contained within the Single-family 7 (SF-7) zoning district are not part of the request before the Commission. . j'✓i X11( !,brf lir[ntibr E 6 r 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intenslty Area. Th6se areas are intended to be developed primarily for single family residential development. Neighhorhoods are to be serviced by a network of small oommerciallretail centers spaced at about % mile Intervals with direct access to a collecOr type street or larger thoroughfare. Vehlcular trip generation due to development within Low Intensity Areas Is restricted to 60 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 summary of the 1988 Denton Development Plan policies applicable to this project: Denton Development Plan Policy Analysis Summary Low Intensky Area Development Rating vs. Policy i�� et POLICY COMMENTS ncorslstt Inconsistent consistent Inbant. These areas represent pdniary The development Is for single-fawly tits. Ivory areas within the CRY. X Intensity. To be consistent with the The one hundred and four lots would } Plan,a development should not exceed to generate somew"around 993 trips per allocated Intensity, day. This Is seventy-nine(79)trips more than arlouted,but Is consistent with the concept plan. Mowed Intensity•60 trlpyaae Allocated Intensity a 914 trips/site % Sibs Nan Conbol. Sbkt property The detailed pan provides full control develiprrtent control within I,600 reel of over the development of this property. existing low density reodenbal areas. X Traftk Design, Access should be The proposed single-famiy RMvision provided to ensure that multi-famiy or would have access onto Stuart Road and non residential uses have access to at same point M time,K tlhei property to collectors or larger arterials with no Bred the south were deveroped,onto access through residential streets. Huntington Drive, x open Space, su,"ent green space, The proposed development wA contrl6Nt recreational facilities and diversity or parks to the development of pubtk parks try are provided, providing fees in Ileu of land de"on. x Public PartfclisWon. Input Into The applicant did not hold a planning by neloborfiood associatbM and nelghborhood meeting wth city stag,but councils Is encouraged. Indicated tat he did hold one earlier on In the development process. x Land Use Otv"ty. Non-residential and This Is solely residential, nut-fans y deveiooment Is encouraged to a linated degree. x Manuladured Homing. This form of Not appkaw. r singledamry housing may be conipatibie R r. with developments In the low Intensity ( j areas subject to cndbons. X strip Ctimmerclaf. Any form of Not applcobk. r .� contlrhuous Wo cons rierdal is strongly discouraged Irvor near;ow Intensity areas. X 1 ,M G(ii f. ,Ian Rni r,i ifkx' 7 E I i I 1998 Denton Plan Policies Analysts The 1998 Denton Plan (DP) is to be used In conjl:nction with the 1988 Denton Development Plan in evaluating the consistency of proposed development with the long range vision for the city. Staff firms the proposed development to be consistent with the policies of the 1998 DP. The table below provides a summary of the 1998 Denton Plan Policies applicable to this project; Denton Plan Policy Analysis Summary Development Rating vs. Policy CATAGORY POLICY Inconsistent Appt Na Consistent Trans"tili Compliments Denton's Long Range Ttaroughfare Plan. x Promotes Access Management Practices x optimizes"rations for emergency service providers and other public service providers x Prortes pudic transportabon system. X Contrihdd to the Denton Trails network. K Stormwater Dralnage. Protects 1DO-year lloodpaln areas In amxdanoe with Denton's watershed numagenxnt pans. i x Conforvn to local subdvlsion regulations x Contributes to regional Mention fadlibes. x Provides for natural riparian environment li 5rodplaln, X Upgrades e)dsung s tandard drainage systems as Immn and redevelopment occur, x Water and Develops and maintalns property and private wastewater. Infrar"". x Creates opportunity For oversizing water and wastewater 1 Imes to meet future development demands. x Provides wew of proposed water and wastewater InfrastrLdwe to ensure Public sarey and Health. x Pratates InIlli knprovements over new kne edenslons. x Electric. Provides underground electric service/a new residential and nonresidential deveiopirmnt x \ Solid Waste. Prorates efficient aotess to all developrrenl for sold 1 waste service delwery, x Panto and Recreation. locates parks and recreation fadfldes In accordance with '.. the Parks and Recreation strategic Ptan, X Enhances parks and recreation opportunities for residents, x Preserves loodpain for parks and open space to aid in "sin conservation efforts. X Mors comhnIng of parks with other Pudic facilities to ad>eve cost-efrodive detivery of public services x Residential development should dedicate land or fed In z Neu of land for neighborhood perks. EnWronmantel Quality. Promotes preservatad of natural resources . ...r a Inte grates environmental protection with eoonomlc = ,! x growth and conenuniy development. xU t 'P14 11E 1, Y.,1 Np� 8 i i lr �} 1 1 1998 Denton Plan Polides Analysis (continued) ` Denton Plan Policy Analysis Summary Development Rating vs. Policy CATAGORY POLICY G+oaelstnt 4* corM> " Ne W"Ft soda. �a decc axwwft fadAUes x Encourapd a ffft"of Iand uses d*WwM residen*& x protect and V"UM bdatlrp n*6*dbo& x Wwwet Wyde and pndesblan balk wRNn and i y^ between WOOAoods to m4"YOWar bipc f,; X tlw tppe to dRq a 9"WMdMW uh- x o fa 1v of*4e4*"bt sires,bL"ng W%wVM z Preaenea vwrq hMM vdu&0 atfardkk tauslnp. tnoeata i dYt taustnp x Eeonowc C*Wbuta to a strap r d dNenrRed Ionl eooV"by DlvaraMeafton A+veasNa amplafnwR aM euarbrg the tar ban. Oovarnn+nnt. Entaxagss MderpovnnxlknW coordnatlon to pmMde oat•efhcUve Wbac tervkes. + s"� "M ow*L Addrem oom~ltv appmrxe In a em,prehardw MiNw. •t O(wof*s ard,Redud+pgearanee of buAt dwtroment. frelyAbatrood IrAA*Yelopment d.o*be owv#Ubk ��•a f x rnth exlsUrq krb uw w buangs. PMtds and PVwVes Derrlans ardwUeQ,eN,oA PII end i N*ww reaarcet. Enhone t N applar"*N rm)*f enbancewaYL Promotes tlr preservntbn of trees and kMeopinp. x hrbUe Invotwmarst ft**t an opport Nto b Pub oorw Outing tN OWN proper, x r 299 r01 PI Su!f RnVp Ldx 9 1 I i I 'I r I. Transportation A. Trip generation The proposed detailed plan permits only single-family detached homes. On average,single-family development generates 9.65 trips per day per unit. The cluster home lots *11 generate approximately nine hundred and ninety-three(993)trips per day (see Table 1). Table 1. FormaiT Williamsburg Square Trip Generation Land Use Average Trip Total Trip Maximum Buildout Generation Per Generation Single-Family(Detached) 9.55lripslday 993 104 detached homes �. Allowed Trtp Generation 15.24 acres 914 60 ldps/acre Difference 79 8 above allowed trips •calculations provldad by the kMlleda of Transportation Enelnaeus,f oil. B. Access All traffic would be directed onto Stuart Road (see Enclosure 7). A second point of egress and ingress to the neighborhood will be made at an undetermined time In the future when Buckingham Street is extended north to the proposed subeVston. This connection Is dependent upon the ? property to the south being developed. C. Road Capacity Stuart Road Is classified as a collector by the Denton Mobility Plan. This street Is designed to be a four(4)lane undivided street without parting, providing four(4) lanes of through traffic. As such, its designed traffic capacity allows for a tolerable traffic flow of up to 14,900 trips per day. However, Stuart Road is currently constructed with two (2) lanes without parking. At present, the most recent traffic count along this portion of Stuart (south side of loop 288)was 4,157 trips per day. Stuart Road has adequate road capacity to carry any additional traffic generated by the Forman Williamsburg Square Addition. 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, 2. Utilities This site has access to existing water and sanitary sewer lines (see Enclosure 6): Water: Twelve (12) Inch waterline that ends approximately SM-feet south of Loop 288 on Stuart Road. Wastewater: Six (6) Inch force main running south on Stuart Road crossing Loop 288 and Ile changing into a 15-Inch gravity sanitary sewer approximately 300-feet south of Loop 288 on Stuart Road continuing south. I W 011l PI 9le R'J"t x 10 i c 3. Drainage and Topography Now development will be required to dasign and construct a drainage system to city standards. The Forman Williamsburg Square Addition would require both on-site and vH-site drainage Improvements, Including participation In the oonstruction of the Kings 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 proF„ty and any area that drains towards this property, The developer must Indicate the method by which the run-elf 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. 5. Off-Street Parking Every lot will have a two(2) car private garage as per the detailed plan. 6. Landscaping This property will comply with the new Landscape Code,which requires fifteen (15)trees per acre and twenty (20)percent of all surfaces to remain pervious(plantable area). The tree requirement for 15.24 acres Is two huntrad and twenty-nlne (229) trees. The detailed plan states that a total of two hundred and fifty-seven (257)trees will be planted, translating Into 16.86 trees per acre. This will be accomplished by planting forty-nine (49)trees on the north side of a fence that will run r the entire northern boundary line of the property adjacent to Loop 288. Also, two(2)trees will be located In the front yard of each lot. 7. Open Space Park Land Dedication. Based upon the total acreage of the proposed subdivision. the land dedication for Forman Willismslwrg Square Addition amounts to 0.73 acres. Because this amount Is below the five acre minimum for a neighborhood park site.the City will Mulre fees In lieu of Re land demon. The Parks Department will work the developedowner to calculate fees In lieu of land. A tax assessment or contract price may be used to determine the value of 0.73 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 104 single-family homes, the park development fee will amount to$30,264. This fee must be paid before any building permits are Issued. 8. Associated Public Improvements 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, t' d) Sidewalks along all street frontages Including Stuart Road. e) Possible off-site traffic improvements. L 9"1 io1 ci Sti7 Rtee�rho: 11 S' I I r , 1960 — The subject property was annexed and zoned as an Agricultural (A) zoning district by Ordinance 6040 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 by Ordinance 82-08 which amended the zoning ordinance and map for the City of Denton (see Enclosures 2 and 3). The subject property Is not platted and would need to be platted prior to any development. rY�� V'. .Y p Xt'v� 1Po E. d•y,'_f�., II k rc;n It' -'y, A _i4"UyC," ! Notice of the zoning request was published In the Denton Record-Chronicle on January 17, 1999. Eight (8) property owners were notified of the request on January 16, 1999. As of this writing, there has been one(1) response. It is in-favor to the request, City staff facilitated no neighborhood meeting. The applicant stated that his group had held a nelghborhood meeting prior to submitting an application for the rezoning and felt that was adequate. v Staff recommends approval of the detailed plan for Z-99-001 to meet the current needs of the community and finding that: 1) the detailed plan complies with the general concept plan approved for PD 39; 2) The detailed plan provides for a compatible arrangement of buildings and land uses and will not adversely affect adjoining neighborhoods outside of the property; 3) The detailed plan provides for adequate and safe circulation of vehicular traffic; and 4) The detailed plan substantially complies with all regulations of the city. 1 h TIION } e I move to recommend approval of the detailed plan for Z-99-001 as reoommended by staff finding that: 1) The detailed plan complies with the general concept plan approved for PD 39; 2) The detailed plan providca for a compatible arrangement of buildings and land uses and will not adversely affect adjoining neighborhoods outside of the property; 3) The detailed plan provides for adequate and safe circulation of vehicular traffic; and + 4) The detailed plan subslantla,y+complies with all regulations of the city.. �. . P r.) I I-i'�p11r+ S0wJ„'tdce. 12 I v U 5 Ara 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend dental. 4. Postpone consideration. 5. Table Rem. 1. Vklnity Map. 2. PD 39 Map. 3. Zoning Map. 4. 200 Foot Notification Map. 5. Existing Utilities Map. 8. Future DISD and City Park Map. 7. Detailed Plan .Forman Williamsburg Square (2 pages). 8. Detailed Pian • Denton Garden Addition(171 lot configuration). 9. Denton Garden Addition Lot Charts. e Z-7)Ca! P2 Stal P^Vtdoc 13 ENCLOSURE 1 Z-99-001 (FORMAN WILLIAMSBURG SQUARE) NORTH i • I 4 1• $TUARt W /"go' P• I Orr Vors •w t r. N .....z . $iTE ERCULES LN I s ■n. ■ ti • �,. ``• ,u�,y r� mm LtM1� 11f 'I VICINITY MAP Agenda Dote: January 21, 1099 StAt., None 14 is r, a1 big .. , 1 @Ir ►1 uu'u. PQ P.Qk � Rp I X11 uWr s� •T' �1 �'Q� � I 1 �� •fit/+/4uu1 !!MM((M 1111� 1 . �'��I�Y�{�{iIr�111� t1.M•YINnY , , fHLL�. 1 40mil,mk"" ,11M1., 111, w • •�,•►,M•ul,I.1 S "Wilt,11P� t„1 IIy11M YN 1 1 tl tI���7f 1 1 .,tarnll 1 °° t WLLHAVEN ' ADDITION , NIUrN11W�IIW I 1 . , •.Ordinedp.l+'`02+00 Januaryj12,ti1902 0 :' y s+ c, ENCLOSURE ,l NORTH 4 Z-99-001 (FORMAN WILLIAMSBURG SQUARE) STUMT LN I r� LrTJ /D aTJ 79 C(1Y Limns T A r I / A .r —r — rr — — � .. r . r tD 79�� V. I A+' 41' R R �7� 1G I T�0 79 �rw w. � � �/•� �� � /D 00 po I T9 j A /D 90 I ' HERCULES tN W� I Fo so VP ! ! {s NIN ZONING MAP Agenda Otte., kisuary 27, 1 M 16 Scale: None . I Ct U ENCLOSURE 4 A NORTH Z•99.001 (FORMAN WILLIAMSBURG SQUARE) 1 i SITE i I 200 FOOT B ER 800 FOOT BUFFER 200 FOOT NOTICE MAP r I Agenda Data: January 27, 1999 Scala: Done I1 u ENCLOSURE 5 NORTH Z-99-001 (FORMAN WILLIAMSBURG SQUARE) ♦ . SITE • l t A m EXISTING UTILITIES MAP • Hydrants Water Lino (W. L.) Sewer Lino (S. L.) • f lr n Agenda Dote: January 21, 009 Scale: lone 18 c: I ENCLOSURE 6 NORTH Z-99-001 (FORMAN WILLIAMSBURG SQUARE) FF� w MART LN i N LOOP 20 S. L I r z u 1 all. . . LA.a� i'tFveilr � Ira, 6 94 allow f�..• atay Ye ��1w. 44 3 I L!MlNT 1 "f jy" +v:i♦ _ Y• .'fin. , � .L �'a I FUTURE DIED AND CITY PARK MAP fit'' < Agenda Dots: January 27, 1999 Scale: None 19 f r M• t ee=q4t» 41,rl is 4xr.x ti��tir I•�ri.nNn� Y UL t1 SN LOOP tea 1220' R�O�WI YIUNItY n ..-... MAN v '� �� 3 el i W` •� r'r n '� .� n�i V i� Z �� _ r ` 1 11 •rr r - Phase I P A 2 ,w a irnlrvb»411 1�,.� Lnuairrq I � tlp%'` 1 � �` pr 1�cr If 1 ie ry11 .1 � rfit �r F60 Im 1 I I 1 n l K I ,I! ` 11 I I i I I i I ! III s:lam '3? .xa.n _l loll ryri — _ Phase I Phast? 2 to Y. [[ i I r 1 / r e • IO A li II IS I[ 1 1 J tr•"'010 let D 6 L I/ _ � If 910 A 4 82 11 16 " Phase I� Phase 2 1 �, I lli:Jr:A lI 11 oh Ira l ! B2 eil �/ If � N N le D � 1 r4�C=' ll T IL L Il L ....... ern F,d ._ [ 1 L�a / Pneat .�. _.PnIN7 sr♦Y�I l/rxT/ 4nIN — — �,+ `:.��•r !J1Jy� .. _ f .. n 41 M1utrrl Yrvq..�l+•W � � • 1 r S •r J I .. r rrnN ..I •- �� FORMAN Wl1.11AMS8111;G' SpU•4116' t r/ 101 U»In 15 14 /vu+In1 Yu10 �!. 1.MdIrt114 $0 111 All 2Yr (dl /1 Pr 11/1/111 JLrl N'Mi•YIFp F.r sl 1 x4.10 /•nv /drrp lY i IYYw Al.►r 1 x1.Y/ INxI S+4 eMr IWO to [rtu Ylwry t1+4.4n1 r0 SI• r=x•�rr IW 1 ••Y,+�4 l YYII� r.iv loll En'rM�M[It11M V++ N G d •31-. 0•FnlM bxn�i IY�I Ir 11a/ 'Ytr' U b4F YM Ap,I{I t A M 11 Y c� µ Iw1 NIHh n.Lroh . lrnrr° d..S� 1i111a1 wr"' N Y«'rn Y.rra u u 1 0 101 t00' GII LOOP 280 1220' R_O.wI Y1Sli9lj.S MAP Photo! __roll. ! A-woe I'1111E to ~{7 S C 3 ^+ 7 9 y + 9 C2� 111i 1r x • i i? i1 ]I _ for Sr jow'.41 _.tY -- ._.�..Y — • ....r_V......�.l�L.•.,.r r - 1 L 1 71 p 2e t t/ LS 12 1 20 h 1tl 11 it i'' 24 11 t/ 11 fi 11 N L SS �1 - - _ , _ BI e 6 61 14 i! -r? 1 ]] r Xlz' {0 i9 rtl - - ! ]e tlmJ a4 r1 ! 1 f 7 / ! { 1 f I W X R tl i/ 1 ! 1 / ! 1 1 1 4 ID X 1f q Irr'.. b11 F i g r je 1 !t_ to a 2♦ f1 _ ... =._.. ` to t1 22 11 y n t{ e1 !f tt 13 20 11 I/ 1s 11 1�1I `1�` 1 1r rY !4 lB 94 1 i 17 h I{ Is 14 0 tlM 111{{{ 0ov D SLi II 10 W Kw^I'ry 111 yt t . _" N. rn 4 f Yr. X 11 0 6'• 1 ► P2 u.rx 10 u 12 11 11 I] 201/ i i Ph11/V -.Phe112 hNwr'1 rry1N efK'� 1I Yr i+l r:�rn NI rlry"�1A QE TAILED PLAN IUhhhecl �� t. pit to PORMAN WILLIAMSBURG SQUARE it,1 Yl.ern 101 Uh h Y.2/Hr/1 n Ito �rr1"11 e I 41h ,(([P� I 1.M.Il4toh 601/1.1111.1111 f ! JI}Y. h'lrlr Lorry MI OY•rM Ln YrM1 Car 11 DM 111,boll /Pro -1111M fn 7 /uN•1r04, 1 '"U/ IheA MW o 1 4rN 'rte- !0'Irlxl Vrs11LNY+N1 ■I rM,a Ce IW, 1011..1 x. IIw11.r.11 w 11011 01n 1:'N r/AY OrYMN LP 4x 1Y111L.11/1 11Sm IIL 1111 111r jr� 0111'"W. ) i 1 rir� U 64.0 Y.1 In..�1 e~iY/1 L i I C` f I it l it I I ■ L 1.eytl 1i \rl n `j■■Aye b..ail �N Ix Ix low I M••' IM.NY yxNm o low too, sN soar tee ltt0 lo VI[IkIIY MAP e.erar/ r.un� U 49 is N {) {t 41 S. It 71 !ELI 74 IS SI ;3 4! !1 So H /{ 41 14 1! 1 47 At 41 lot rotti rm rill A 4/+ xMMI r } n t0 q ll Ir N a n is 20 N 1{ O kill. 1S 11 1) t � H 6a ,I A eI co. t t f 2 Ili It t lei 5{ 1 51 Btr CM '! T/I ry f t 7 1 ! IS T 1 f to r.� pl 1 ) 4 ! { / 1 ! q 5111 r 41 w \ yQ 4 i M.Ar m..l Ir H M 41q Jf' r (f5 Y }► t rCNC'7y7 11 ( f J 21 t0 0 d 17 II 14 1 tl IS !{ 2} !! H )6 31 ! S7! loc 6 70 of la f Te le i 10 1 is d N d It !I f d N N II Il 1) It 1 •' a s on n r 4 It N t t �I 1 II �,Y mlr,rwr anur .•�" �� i M WxW I+xLY/.%i DETAILED PLAN t a I DENITON GARDEN ADDITION 4 flMi r . W lM yYbM N its 9111 to 1tt r. �'�� • / 1111016,11111111,11141-bH./bl ' �/ 1xaL /NIIMYII I.1{Wal.t11.MM 1 till rl Siloam.fnN 2 .804- IV Irw war[~pl /rmMl h.a..l In rrM O,wl ewltuwr tj tM. 1 IN�M^M 1 �. OINMN txlw� jlrMN�1IM W I0MIMt .rMa a! I .•• a^NAYIW. ,rlN t f Tft 6.Ina MM { I ENCLOSURE 9 The proposed Denton Garden Addition neighborhood had an overall density 0f 5.15 lots per acre compared to the 6.74 lots per acre allowed by existing zoning regulations. Chart 2. Denton Garden Addition Lot Sizes 100 90 60 70 5 60 40 is E 30 °r = 20 0 5,500 6,001 • 6,501 • 7,001 • 6,001 0.000 6,600 7,000 6,000 Lot bla (Square Feel) —� - J I Chart 3. Denton Garden Addition Zoning Comparison { Leo 135 _..__----- 1+0 uo '. 100 E�etlnp ZonNp 1 eo so ?� o v opoea Zoning --- +o 20 0 Ouster Less Then SF-7 1,000 4 Home 7000 L 771HI1 PT SIn4 Bn�w,rt likr' 23 l { { Ills ATTACHMENT 2 Page 31 I understanding or the definition of strip commercial is 1 detailed planned area across an SF-7•-an existing SF-7 A 2 anything less then half a mile apart. And we've been told 3 toning district,which is located right here. 3 that it's six-tenths of a mile apart. 3 And at this,Lme•-and the issues with that 4 I recognize the.you may have other reasons 4 particular detailed plan that were played out,both here S for that opinion,but • or for your vote,and I'm not•• S and at City Council,mostly Involved the size or the lots 6 you know,I'm just pointing out that it's not strip 6 on that southern portion or that cl,-Wed plan which 7 commercial as we derive it. I'll host. And I'm ready to 7 abutted some existing homes in an SF-to toning district a vote. It located here on the north aide of Juno. So the applicant 9 MR.ENGELBaECKti Any other discussion? 9 has resubmitted for a new detailed plan to be consistent 10 All in favor of the motion please raise your 10 with the existing PD and integrate these smaller lots into I1 right hand, Opposed,same sign. Motion carries,five to 11 a neighborhood that is across this SP-7. And I'LL show 12 two, a that detail plan here In a bit Currently, IS bet's move on to Item 6 this evening,which Is 13 this site is an undeveloped site, Property to the south 14 to hold a public hearing. 14 where the sf-7 is is undeveloped as well as to the i Is CAPTAIN POWELL! Excuse me,Mr. ChaGtrran. 15 southeast. The area that is toned sr-lo Is located on the j 16 There may have been more people come In for 5,so, 16 north side of Juno and runs down the east tide• or, 11 perhaps,we should announce that we're not going to do S. 17 excuse me.- the west side of the..excuse me. I don't Is h!0.ENGELBRECHT: Thank yon. Thank you 18 know the street's name,but the one that runs Into Juno I? For any of those of you who did come in for 19 there. Surrounding all that SF-tr•:n the exit side of 20 Case No. 5,which was a zoning case of 8 acres from 20 Stuart Road and on the north s'de of Hercules Lane is 21 Agriculture to general retail at the Inldvwdon of Loop 21 PD-79. And what PO-19 Is is two-family or duplex housing. 22 269 and Kings Row,that particular case has been postponed 22 So SF-to with duplex housing surrounding that 2; to February the 10th. 2) partially developed,partially undeveloped,along with on 14 Thank you Mr. Powell. I appreciate that. 24 the west fide of Stuart Road,we have a lot of aF•7 i 13 Item No. 6 this evening. Hold a public 25 roning, Page 50 Page 52 l 1 hearing, consider making a recommendation to City Council 1 'Ibis particular request had a 200-foot mall 2 concerning a detailed plan fa 15.3 acres in Planned 2 out that did not reach the residents on Juno;aid reach 3 Development 39, The approved concept plan for district 3 some residents on the whet side of Stuart Road. As we 4 allows for residential development with a maximum density 4 implement the S00-foot eourksy notice hero shortly,staff S of ten units to the acre. The proposal is for 94 S has provided what that would represent,and that would 6 single-family homes at 16 units to the acre It is d Just touch some of that homes on Juno, 7 located on the southeast comer of Stuart Road and loop 7 CAPTAIN POWELu But that did not go out In a 288, The property It legally described is the northwest 1 this case? 9 15 3 acres of Tract 261n the S.McCracken Survey, 9 MA REED: That if correct 1 10 Public hearing Is open Mr. Rced is going to 10 CAPTAIN POWELU Thank you. 11 provide us with the staff report and mcommendatlon I I MR. REED. In my analysis of this request, I 12 Nl Yids. 13 point out that it's conaistrlt with the detailed plan•• I I MR.REED. Thank you,Chairman Engelbrechl. 13 or,excuse me^ the concept plan. Last time that this 14 the case before us tonight is,again,a to detailed plan 14 request was before the Commission,also,was an issue of IS Of course, a detailed plan provides w with strict Site IS the property on the south al de and the integration of all 16 plan control. And this particular request If related to 16 this PD)9, in the past year,the school district has 17 one that came before the Commisslon just a number of 17 purchased the prope ty on the north side of the Imp to months back,as all or you may remember, Denton Garden 11 between Stuart Road and Shentian Drive,as the map here i 19 Addition,that I referenced In the report. 19 Shows. And that will become one large public park,which r 4 20 Thu. request Is•• I want to make sure it is 20 It colored green,and school sites,which am yellow. And (i r 21 clear to all the Commissions s••It different from that 31 the pinkish color Is actualiy a high school Stadium. 22 time or that request ?fiat request included 34 acres. 22 this map Shows PD.)9 with the old Denton 23 And compared to the location map here,the••and now I'm 23 Garden Addition area shown In gran,to if you would Just 24 showing the zoning map••paeviow request was for a new 24 imagine that half of that gram it not thee. This shows 23 PD because the applicant was proposing to expand a 33 the relationship of the now Forman Williamsburg Square it PLANNING& ZONING JANUARY 27, 1999 Page 49• Page 52 24 h U f Condenscltf" Page 53 Page 55 I Addition In relationship to the overall ID-79. I Ms.WJRDIE: Right. 2 50 acres of the 60 acres is zoned for cluster 7 MR.REED So a cluster home can go both ways 3 homes. That Arta for cluster honxs constitutes this tract S MS.00UKDIE: Ali right Thank you. 4 that runs west to cast and this tract down hero••both of 4 MA ENGELBRECHT: I would ust like to S these tracts,about 25 acres each. The remaining ten S interject that actually that definition is older than that 6 acres for multi-family and general retail are located up 6 because that's the ordinance thing. So the definition 7 here, 7 came sometime in the '7 01. And during this period,there It As I pointed out earlier,this particular 1 was a tremendous amount of,basically,lanMpping,where 9 detailed plan differs from the previous one in that it has 9 you buy the land,zone it ss Intense as you Can,and then l0 smaller lots on the north side of a proposed subdivision Io hope to resell. And then the crash came,and 50 now We're I I with all sr•v.ou on the south aide, It seems to create I 1 living with these. 12 a buffer which residents were concerned about previously. 12 Mi GMADIE: Right. Thank you. 13 1 Included In the staff report,a Enclosure 9,the Denim 13 MR.ENOELERECHT: Any other questions for 14 Garden Addition lot sires. And on page 3 In staff report, 14 staft? 15 I show the proposed lot sizes for the Forman Williamsburg 13 Mr, Rod, Including the SF-7 property,which 16 Square detailed plan. 16 is not I t this -)articular zoning case but was in the 17 There are 83 ••or,excuse me •• 78 SF•71ots 17 previous one,with that seven and this,we have a total of is located krc betwroen the sF•to and the cluster homers. To I8 how many? 19 cut to the chase,this detailed plan Is consistent with 19 MR.REED: In the proposed subdivision wi.i be 20 the concept plan It is conststent with our Denton 20 a total of 183 lots.• 182. 21 development plan as well u the policies rot the new 11 MR ENGELBRECHTr 1 a And what did we have 72 comprehensive plan4 it provides for it compatible 22 before in the other case? 23 arrangement of the buildings and land uses. It does not 13 MR.REED: At the end of all conditions placed 24 appear that it will adversely affect adjoining 24 on it,171, 25 neighborhoods,as I've discussed. The detailed plan 125 MR.ENOELRRECHT: 171. Thank you. Page 54 Page S( I provides f.-adequate and safe circulation of the I Other questions for staff? Thank you. 2 vehicular traffic,and it substantially complies with 111 2 Is the Octitioner 3 the other regulations of the City. 3 MA AEED: Could I just point out? And 1 4 I'll be happy to answer any questions. 4 don't think that this is something you're Unaware Of S MR.ENOEL?KTH't: Nd you •• okay••give a 3 That was wmething that,you know,of Course,staff ' 6 staff recommendation s 6 brought out before that he was trying to make something 7 Yc%MI Gou die. 7 that wi s less dense than existing regulations allowed, 8 Mi ouupotE: t guess,could you dense why 1 And,of course,that comes out to play kit that,of 9 it's called a cluster ham"' 9 course,he's getting o few more lots—ten Of so more 10 xtR.Rt.LD, Well,In short,s cluster home•• to than he was /ii.wed with the previous detailed pion. i I cluster homes are high-density, singte-family development 11 MR. ENOELBt e.CHT: but it's Still ICSS thin'A'" 12 You might Rad cluster homes that are zero lot line,but 12 allowed under the cunoopt plan? 13 they're always going to be small lots. 13 Ma REED Yes. You could make this even more 14 M.4.oommi Right. Oksy. Thank you. 14 dense. Is MR.DONALDSON: This datet back to 1982,and Is MR.ENOELBR',CHT. PAght, Right Okay. Thank 6 who knows what they were thinking of back theft. is you 1' MR.REED, Right. And•• 17 1s the petitio,icr or petit;oner's Is M.1.OWRDIE: Well,they're thinking of rero Is representative present's JJ 19 Sot line patio homes where the homes ware 19 Mr.Burke,if you.would give us yew mime and 20 3,000-squarrfa4 close-togetkr homes; not 20 business iddresi,pteaw. t 21 800 equaredoot homes on a 4,000-square-foot ld. I'm 21 MR BURRE: My name Is Brian Burke. My 22 sure that's what they were thinking back in '1•whatever, 22 address Is 1311 Auburn Drive in Denton. And 1 know this r 23 but •• 23 looks fam!liar,and Mr.Rod explained It very well. We 14 MR. REED: Unfortunately,they didn't define 24 were before Council twice with the proposlf that you saw 25 it in the ordinance. 23 before,the only change Deity that we did reduce the south PI.ANNiNCI ds ZONING JANUARY 2791999 25 Pager 53 •Pogo 5 C' Condensell l rr'r Page 77 Page 59 i tier of lots consistent with your condition. And neither I MR RISHELi Mr,Oould,tell me about the s 2 time did it gal"acceptance with Council,nor WSJ it 2 parking situation for the residence,themselves,and hr-V 2 rejected. 7 much of that part iryt is going to tc on our gtreeb when 4 So the owner•-the new owner instructed that 4 we're all done here? S we proceed according to the approved concept plan,which S MR OoRo 1 d,m't believe there will be any 6 is what this Is,and It's that simple,I think. I'd be 6 more or any less Actually,when it comes down to it,as 7 happy to address anythln you'd like an to discuss. 7 to children,&M will be^ the Denton Independent I MR.ENGELBRECItt: Q%aiions for Mr.Burke? I Scholl District has already indicated there will be,like, 9 MS.OOURDtE: 1 guess curiosity is really 9 .73 children per household. E 10 killing me here Whet is the plan for the houses that 10 MIL RISHELi Split child. I 1 y'all are considering putting in? 1 know that his no I I MR Ooam Because a la of these homes are 12 bearing on this. I'm just curious its to the st:e of the I2 sold to either elderly or people who We no children and 13 homes. I 1 are just starting a family,actually,your automobile 14 MR.BURRS: 1 don't know much about that,but 14 situation Is less,and,therefore,they end up probably 15 if I may defer that question to Mr,rlould. He's going to 13 with lees automobiles and less traffic trips th+-i do your I6 speak titer,me, and he can address I'tat, 16 larger subdivisions with larger households, 17 MS.GWRDIE: Okay, Thank you,Mr.Burke 17 MR.NISHEL! 1 guess my question is Is is MR. BURKE: 1 don't have much knowledge I6 there°with the concept of the rtsidencc itself,would 19 nyself. 19 that have a garage,a carport,a parking area,and 20 sm oouo mE: And I want to say think you for 20 adequate parking for at least two off the str(ct? 21 r.vrowing It down to one rood. 1 oppreclate you taking 21 MR omPLDA They'll have two off the street, 22 that Into consideration In doing it. Thank you 22 certalnly. I would say In some eases••and 1 would like 23 MR.BURxE: Sure 22 to be very specific about this•• In Some eases there 24 MR.ENOELBRECHT: Any other questions Rx Mr, 24 might be••and I talked to Choice today,and they said h 23 Burke? Thank ,,ou, That's tL 23 that in was Instances there might be a eingle•car garW, Page$f Page 60 1 MR.BuRKE: Thank you t but there would be two off-street parking places because 2 MR.FNGELBRECHTc You have anod)er 2 of the-•but a majority of them are going to be two-car S representative who would like to speak? 3 garages 4 MR.BURKE: Yes,air. 4 MR KISHEU My question exactly. 3 MR. ENOELBRECHT, Okay. Thank you If you s MR.GOULM I think that'$Important,too. 6 would,please,give us your ncme and buslness address for 6 MR.,usm- Thank you, 7 du record. 7 MK EN4ELBRECHTi Other questions for Mr. g MR (IMD: Yes,Sir. My name is Dan Gould, tl Could? I would like to ask you. The previous request was 9 and I'm from Arlington, Texag,3403 Halifax, And,Ms. 9 for 171 lots? 10 Courdi- — Is that how you pronounce it? 10 MR.ormm Yes,Sir. I I MS.00LADIE: Ooufdie I I MR ENOE111RECH7r It didn't get through the 12 m "OMz ••the user of this tract w'III be 12 City Council, and so this one Is coming back with I II 13 Choice Ilomcs And they've gone in and purchased these 1 I lots? 14 lob They're busy designing their product M this point 14 MA wAm Yes, air. I s In time I'm vary proud to Say Lhat t think they're one Is MIL ENOELBRECHT: Okay. I just wont to make 16 of the finest home builders In the State of Texas and in 16 sure I understand. 11 the nation today. li MR oouLD Really,we ended up that we would IN They like this Site very much and,of course, IS just decide that••to utillre the property So It was r 19 have been a part of Donlon and the Dallas/Fort Worth arcs 19 toned,and that We felt like that It would be less r r 20 and hope to be it proud part In the future. We hoped the( 20 controversy. We were trying to give buffer to existing 21 these lots and this particular Subdivision will continue 21 property owners,and I think there were some fair Of five 22 to enhance homeownership in the city of Demon. 21 :hat had Some objections from the other plan. SO w~a 23 M.S oo Abm Thank you 2) thought we would go ahead and buffer them with SF-76,and 24 MR,ENOELBKEm Any other questions for Mr. 24 then -along 268 where there's the traffic,then we would 25 Gould? 2s do the smaller Lou, I didn't„ again,l was pleased PLANNING do ZONING JANUARY A 1999 26 No 57 - Pager 61 I l Condeoseltlrs' Page 61 Page 63 I that the staff still felt like it was in the beat I we've asked In the past. 1 might Just point out to w,a t 2 interest,and we've had no opposition thls time from any 2 that it's my understanding that they plan to clor;off the 3 of the residents,so,perhaps••maybe,so far,that I've 3 at-grade crossing at the Loop so that you would no longer 4 read in the staff report. 'Those may be the objectors out 4 be able to cross there n opposed to POU10111 An overpass S there,but any rate,that's the way this bust nest goes. S or something because there Isn't space rot that as opposed 6 MR.ENGELBRECHT: Well,your not,fieatl,7n W W 6 to a stoplight which would reduce the traffic flow on the 7 a bit different this time because of the SF, property 7 Loop. But I will stand corrected if staff has any other S &at was already zoned. Basically,l don t believe then 1 update to that That was our understanding from 9 was notification to the mouth on this particular case. 9 engineering soma time ago. to Staff may correct me on that,but •• 10 MR.Cuxr It was just a question. I'm not in 1I Ma GOULD. Well,whalm,er the staff••we're 11 opposition, 1 just was curious. 12 not in charge of that. I2 MR.ENGELBAECTIT! Sure, And anytime you have 11 MR ENGELBRECHT: No, No. 1 understand that, 13 any question with regard to truffle,you can simply call 14 T'm just saying that them wouldn't have been the 14 the traffic section at the engineering department at the IS notification that then was last time, Okay. 15 City of Denton. And they'll be happy to talk with you 16 Ma GOtlttr I mean,again,I've given my 16 about any other areas in tcmu of what's going on now or 17 address,and my phone number is(817)819.1500,If 17 plane for the future. 18 anybody •-if we're on TV tonight or whatever publishers 11 MR Cox Thank you very much. 19 would like to call me and ask questions about this 19 MR.ENGELERECHT: Thank you. 20 subdivision, I'll go anytime, Anyplace to answer them,to 10 is there anyone else present who would like to 21 meet with homeow'nns,to do whatever It possible to make 21 speak In opposition to this petition? Anyone else present 22 sun that everybody understands that we're really trying 22 to speak in opposition to the petition? 23 to provide a good and fine nelghborhood for your city. 23 Oiven that this was simply a question and no 24 MR.ENGELBRECHT; All right. Any other 14 opposition,we will walve the rebuttal. Public hearing h 25 questions rot Mr, Gould? Thank you. 25 dosed. _ Page, 62 Page 64 1 MR.COULD; 'thank you,sit. I Commi Woncr••first off,1 might ask. Mr, 2 MR.ENGELBRECHT: 15 there anyone Present who 2 Reed,do you have any final start remarks? 3 would like to speak In Favor of this petition? Anyone 3 MR.AEEP To answer or to expand on the 4 present to speak in favor of the petition? 4 question asked by the citizen previously••or who was S In That case,is anyone present to speak in S Just up here,the engtnecr for this proposed subdivision 6 opposition to the petition? Anyone present? 6 has expressed at this zoning stage that they would like to 7 MR ENGELBRECHT; Yea, air, 7 seek,once they are ready to develop Phase n,scone soft 8 People,come on down,if you would,and give 1 of process to connect this other stub street down i mh to 9 us your name and address for the record. 9 Buckingham Street because they are also conoerned about 10 MR.cox: My name Is Roger Cox. I live at 10 the number of homes In this subdivision with only one 11 3912 Der Forest Drive My question only Is k that it I1 entranceway. And,of course,that is something that we'll 12 shows that the eercss di goes to Stuart With that I2 pursue at a later time when It's actually platted and if 13 number or houses proposed and if there were two houses 13 they actually wont to pursue with condemnation procedures 14 or two cars per,that would be over 300 vehicles,and 14 if that's something that they see necessary if they're not 15 there would be an increase of access to the Leap. I'm 15 able to acquire Shot right-of•oway. 16 Just wondering••1 probably missed out on what the plan 16 MA. EVOELBIIECHTr ML POWeII. 17 is for lle Loop. There's a stop sign then There's not 17 CAPTAIN POWELL; Mr,Reed? 18 ocn A signcl light It's SS miles an hour. N MR. REED: Yes. r, 19 I was Just wondering as I'd as safety for•• 19 CAPTAIN POWELU I'm a little confuted,and 20 you know,what's the plan fa the Loop? Is them going to 20 it's not anybody's 'mutt but probably mina What we're 1 I be frontage road? 1s there going to be an overpass? 21 doing here 11 even with thls plan,if 1 understand this 22 What's going on with that arcs? That was Just a concern 22 property,Is less than what originally was conceived total 23 that I had It's not an objection to the plan. It's Just 23 number of units? 24 •. 24 MIL REEIT That's correct. Theoretically, 23 MR.ENGELBRECHT; Well,that's a question 23 they could build ten units an sere. They could build here PLANNING do ZONWO JANUARY 27r 1999 27 Page 61 . Page 64 ` J) Illr�tl r CondcoscItl' Page 65 Page 67 I 1 S2 unites,and they have 94. 1 say zero lot line,I'm assuming It means the houses are ., 7 CAPTAIN POWELL Okay. So when It wait 2 pretty close to each other. And you've got a 3 originally zoned in 19•whatever,it was going to be more 3 3.000•squam-foot home versus the way we've born using a 4 houses that than there are now •. than there sm planned 4 zero lot line,u you can put the houses to close •- $ for now? 3 however close you want to together,but you're only 6 MIL REED: Yes. 6 putting a 1,000-square-foot home on that lot 7 COLONEL POWELIu Thank you. 7 So I guns the terminology is what's confusing E MR.ENOELDRECNT: other questions for Mr. Erne here is because we're not doing It in the Intent of 9 Reed? 9 initial when homes-•when do r^te up with the word 10 MIL ENOELERECHT: Yee,bit, Gourdia. 10 patio home and zero lot line,this was an elite terns that 11 Ms.GWILDIE: 1 don't ever recall seeing a 11 was used out there to put homes•-bigger homes close 12 4,400 square foot--I mean,there's only five of them,I 12 together,and you could charge half a trill[ion dollars for 13 noticed,on one side But how many•-in the city of U them. 14 Denton,do we have may 4,400-square-tact lots around here? 14 So 1 guess maybe I'm not Interpreting it is I'm just curious. 15 correctly,because any zero lot line I've sam•- I mean, 16 MR,DONALDSON; The&-tailed plan that was 16 my sister-in-law Just moved down hen and bought one.. I7 approved for the preserve has a +Ignificant number of 11 sod,mind you,she's not paying 5100,000.00 for it-•and IE 4,500-square-foot lots. I'm sun then are other PDs that 16 her neighbor's next door. And It's in•-it's a very i 9 have them. I can't think of any off the top of my head 19 huge••it's a,you know,3,000-square-f001 home. And you 20 But that's the most recent ease where we've approved 20 we right next to your neighbor. It's a zero lot line 21 those 21 home 22 MR.ENOELRRECNT: 1 Was going t0 say. l think 22 They exist here,but they don't exist here in 23 tome that am built out at somewhere around that range 23 Denton, So I'm Just.-I man,they do, There's soma. 24 would be at the corner of••Just west of the coma of 24 There's some older neighbor'aads that do have them. But h 23 Windsor and Stuart Road,as a matter of fact There's a 25 I'm just saying I don't understand the term and why we use Page 66 Page 65 l small subdivision with zero lot line that's..Mr. 1 that term when It's not• the homes am not being built 2 Donaldson might correct me,but I believe those am about 2 at zero lot line. They're being•- 3 3,500-square-foot lots is my recollection, Maybe-- 3 MR REEm t said that in the next agenda item 4 MR.DONALDSON: That v,�uldn't surprise me. 1 4 that then arc 4,500-square-foot lots with zero lot line S think there was a number of PDS that date to the early 3 MS.Oouxti : Right. 6 1901 between locust and Sherman,north of University,that 6 Ma.REED: Not to Imply that Denton- or the 7 are relatively dense 7 Williamsburg Square Addition hu zero lot line. They're E Ms.oomm Weil,I gucsa my question Is I I cluster homes And,again •- 9 can't-•well, I guess I should let film fialsh before 1 9 MS,OMRD[Er So when you say that, Is there 10 ark my other •• sorry. I0 like a 20-foot setback• yard setback that has to go by I I MR. Rm). No. That's fine I recalled I I the subdivision regulations with a setback and everything, 12 something 45' ,4k,by coincidence,if you turn to Item 12 to you've got the-- 13 No. 7 •• Agenda Item No. 7,page 14••or even better 13 Mr.REED The detailed plan plays out the 14 yet•-page 11,that's another PD which has abo, 64 zero 14 side yard,rear yard,and front yard setbacks. There's a 15 lot line lots,and they're about 4,500 square fee owe 13 20-faot front yard,five-foot side yard,and ten-foot mar 16 do have others And this one,also,is an older r 16 yard setback,if I recd:them correctly. So,you know, 17 Ma.oovitme 1 guess my problem is I do. t 17 the detailed plan provides for those arcs aetbat:4 i6 undcntsnd the word zero lot line,because,In my mind, II MA DONALDSON: Typically,on a zoo lot line r 19 through any ptace,city,country,wherever I've been and 19 situation,3 ou simply take one side yard and move It to 20 diem's zero lot line homes,they am, literally,the 20 the other side to that you have two aide yards on the sane t l l 21 house Is as big is the lot, And "i's not what the 21 aide,essentially, You still maintain the woe diatom 23 intent is that we use them here in Denton. 22 between houses, You just ad the house on one of the lot 23 We use••we out a house that's 11 lines. And qulm often they do that to allow a driveway 24 proportionately etriller in a zero lot line neighborhood 24 to go p+st the one side of the house to a garage that's in 25 1 man,to me,It's not the same thing, And to when we 25 the rear. That are new subdivisions in -•to this Imes PLANNING do ZONING JANUARY 27a 1999 �S Page 65 •Page 6I i f Condenseltln'' Page 69 Page 71 1 that are doing that. 1 public hearing and consider making a recommendation to the h 2 MS.OWItDIE: But the home we're talking 2 City Council eoncemlng a detailed plan For 2,335 acres In 3 about aren't going to have garagcs in the rear. Choice 3 Planned Development 56. •fie approved concept plan for the 4 Homes typically builds front-entry garage homes. 4 district allows residential development with a maximum 3 MA DONALDSON: t have seem a product that s density of 12 units per acre; 16 single-family lots are '.. 6 Cholca Homes does that does have a rear-separated garage. 6 proposed at a density of 64 units per acre. The property 7 7hcy haven't asked for zero lot line toning here. So with 7 Is located on the southwest-• southeast comer or Windsor I only five-foot setbacks on either aide,they would be 11 Drive and the proposed Northway Drive,bung west of 9 unable to do that. Well,they eruld still do it. 9 Bonnie Brae. 10 MR.ENOELBRECBT: Any other questions for Mr, 10 At this time I'll open the public hearing,and 11 lead? I I i believe Ms Finney is going to provide us with the staff 11 NIA REED then I'll Just my surf recommends 12 report. 13 approval to make that clear. 13 Good evening 14 NIA ENGELBRECHT: 'Thank you. 14 MS.FINNEY; thank you,ME Chair. 13 Ms.GANZEx Mr.Chair? Is This property is zoned ro-a,as you've 16 Me FNOELBRECHT; Yet. 16 indicated. A detailed plan for Blocks A,B.C.and D has 11 Ms.GANZEx I'd like to make a motion. 11 been approved, end currently before you is the, 12 MR.ENGELBRECHT: Yes. Oo ahead. II planter Black E, TVs must be approved before Block E 19 Ms.GA.NnR: t move to remmmend approval of 19 may develop. But be aware,please,that the applicant may 20 the detailed plan for Z-99.001 as recommended by staff. 30 plat the property without the detailed plan,as you've 31 MS.APPLEr Second. 21 already approved In the Consent Agenda,however,cannot 22 MR. ENOELBRECHT, It's been moved and seconded 22 develop this until that detailed plan it approved. 2) to recommend approval of Z•99.001, 2) The approved planned development Ordinance 24 Is there any discussion on the saotionl 24 64133 was approved In 1954 and called for We section, I 33 Yes,Ms.Oourdte, 25 known as Block E.to be:null-family,while the remainder Page 70 Page 7 I MS.GOl1ADIE: t}ttst don't think this is the I of the property has an approvoi detailed plan for single 2 be.t use for this congested neighborhood,so 1 won't be 2 family. The remaining area called Block A,B,C,and D on 3 voting In favor of It. I think it's too congested with 3 the final plat,which has already been considered,meet 4 the roads that we have and with all the••or lack of 4 the criteria for the approved detailed plan. TTIe toning J roads that we have,with all the other proposed s ordinance allows four single-family developments within , 6 development. I multldamlly designated area fotlowing a set of minimum 7 NIA.£NGEL.BRECHT: Any other discussion On the 7 criteria 6,000-squamfoot lots are allowed as the 5 motioril a minimum lot site under multi-family zoning regulations for 9 In that case,alI in favor of the motion, 9 sin;le-famlly development. ` 10 please raise your right hand. Opposed same sign. Motion 10 On lung Sth of last year,the petitioner I2 carries five to two. I I subndtted a Bonin;reluest to down zone this area to allow 12 MR'Etit tIsRECHT, Commissioners,it 11 7:00 12 223 single-family lots ranging in sin from 5,000•to is p.m. 7be last mating••we've tried to set this standard 13 7,000-square-foot lots which would have reduced the 14 to break at 7:00 for 30 minutes We have one more zoning 14 allowable density by approximately 60 i.ereent. The 15 case which could take a little while possibly, We can )s Planning t.Zoning Commission recommended approval of t 16 hear that one or go ahead and break at this point, What 16 request with four conditions,inchtding,stone columns in 17 is youir plessurel 17 a feria;minimum spacing of those eoluntns to be$0 rat; I6 It appears to be to want to break. I 1 100-percent-brick exteriot on bottles built on the 19 In that case,we're going take a 30-minute 19 7,000-square-foot lots; end 75•perant-brick exterior on r 20 break. We'll be back at 1:115. 20 the fiat hoer of homes built on V$,000 quaredoot � j � 21 (Break taken) 21 lots, 22 MA. ENOELBRECHT: All right, Commilesioners, 22 At that else,there was strong nelghborhood 23 at this time,we'll reconvene the public' tetinS. Arid f 23 opposition with 36 percent of the property owxrs Witt" 24 believe when%e went on break,we ware ready foe No.7•• 24 the 200-foot radius In opposition. They were opposed 13 Item No. 7 on the Agenda this evenln;,which Is to hold a 15 because single-famity development was too dense. The PLANNING & ZONINO JANUARY 27, 1999 29 page 69- ?age i+ k l i hfll IOlYOI r1N.uIDav1'WtOn An+w,Miwrwawwi Y ATTACHMENT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON,TEXAS AMENDING ORDINANCE NO. 82- 08 TO PROVIDE FOR A DETAILED PLAN FOR 15.31 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 39 (PD-39) ZONING DISTRICT; THE SUBJECT PROPERTY BEING LOCATED ON THE SOUTHEAST CORNER OF STUART ROAD AND LOOP 288; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE(Z-99-001). i WHEREAS, on January 12, 1982, by Ordinance 82.08, the City Council approved a change in zoning for 60 acres of land to Planned Development 39(PD-39)Zoning District; and WHEREAS, on January 8, 1999, Bryan Burke, on behalf of Forman Williamsburg Square, LTD., submitted a detailed plan for 15.31 acres located within PD-39; and WHEREAS, on January 27, 1999, the Planning and Zoning Commission recommended approval of a Detailed Plan for such 15.31 acres; and WHEREAS, the City Council finds that the Detailed Plan is in compliance with the Concept Plan for Planned Development 39 (PD-39) Zoning District, the 1988 Denton Development Plan, the 1998 Denton Plan Policies and the Growth Management Strategies Plan; NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That Ordinance No. 82-08 providing for the approval of a Planned Development Zoning District Classification and Use Designation for the property described as PD-39 is amended by approving the Detailed Plan attached hereto and incorporated herein by reference as Exhibit B for 15.31 acres located within PD-39, more particularly described by the legal description attached hereto and Incorporated herein by reference as Exhibit A. SECTION II. That the provisions of this ordinance as they apply to the 15.31 acres shown in the detailed plan herein approved, shall govern and control over any conflicting provisions of Ordinance No. 82.08, but all the provisions of Ordinance No. 82.08 as they apply to that remaining portion of the district not herein amended, shall continue in force and effect and shall apply to the remainder of said district. SECTION III That a copy of this ordinance shall be attached to Ordinance Ni. 82.08 showing the amendment heicin approved. SECTION I1'. That any person viola,ing any provision of this ordinance shall, upon conviction,be fined a sum not exceeding 5 ,000,00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. 30 Jim Cr .tN.�wuawomran.�rar�rw.,wir .;. _ 4 SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, official newspaper of the City orDenton,Texas,within ten(10) days of the date of its passage. PASSED AND APPROVED this the day of , 1999. I JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: r APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY "_7 1 BY: l a"� V 31 4 b i EXHIBIT A PD-39 at FORMAN WILLIAMSBURG SQUARE 18 Feb 99 Zoning District Description: All that certain 15.31 acre tract of land situated in the Samuel McCracken Survey, Abstract No. 817, Denton County, Texas; raid tract being part of a tract described in a Deed to Harold Clark and recorded in Volume 796, Page 285 of the Deed Records of Denton County, Texas; said tract being further described herein by metes and bounds as follows: BEGINNING for the southwest corner of the tract being described herein, at a point in Stuart Road in the west line of said Clark Tract, said point lying North 00'09'00"East 465.00 feet from the southwest corner of said Clark Tract; THENCE North 00 009'00"East 110.5 feet with Stuart Road and the west line of said Clark Tract to a point for corner, THENCE South 89019'30"East 263.79 feet to a point for corner; THENCE North 00°09'00" East 110.91 feet to a poi,t for corner in the south line of a tract described in a deed to the State of Texas for Loop 288 as recorded in Volums 1068, Page 377 of the Deed Records of Denton County,Texas; THENCE North 89°33'26" Fast 681.15 feet with the south line of Loop 288 to a point of , curvature; THENCE easterly with an arc of curve tr the right along the south line of Loop 288 with radius of 5,619,58 feet, central angle of 8"21'14", length of 819.35' and chord bearing South 86'14'52" East 818.63 feel to a point for comer; Y THENCE South 00°43'42" West 392.37 feet to a point for corner; THENCE North 89'16'18" West 1,758.03 feet to the POINT OF BEGINNING and enclosing in all 15,31 acres of land. 32 1; 1 4 .�_.�_�__..�_ _...__. 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I' !n , !tL !1S 12 14 !n I;r{ to IP W 1'7�J{� r! i,. a4 !J !17 — •I °^mob� �^ 14 TNi I � i 77 J i b 3' `i L le I7 Ic !1 wS SS,Ofd.�al S uw� f a fc I .•� I h 6 34 rl 7L iaar 9 of w tyS P., !' J L� , P •`, 1�•, {_e_•n �ue17lw1w -_a , , 7 `_ PPhose ! 71aPhose 2Nnr 4•,4r•t • . 2 Is 7 ! 7 ► 5 6 P L N 9 10 1 4' If 71 , 1,• air, 1 1.1 • M J I i .�. .. :I br I: IP I\ rl 7i1 71 IA P2 a7 rs t: � r L r ,• F l 11 jk•". I Ola N A A2 Lets rl NN Ij fl N ' r r 1 Ij9� IN 1—Nhase 2 _ 1 E T._._ k a A f 2Q 1 NII I rPla 1 b B2 oh ;� � I I II 1 II 11 I! If. Ir !4 , [ r l P '• I• ._ Peaul _. _.r P14212 %I r'. 0114f . ' i I IM• Iblll ���3. I• !�►f, DETAILED PLAN I rwe ,r„—. _ _—� FORMAN WMIAWSBURC SQUARE itr, M1N'+.I 191111. w 1711v11 N,ifr Me Nh N $W,*,, ► /1J C�I,N ff.'s •, 'I Q 1 -N1i~ X'ldN k,W,MM..q.lu..,,I r••n f"..41, -. •r' � ly I 14ry1� II I j S4rrL 1'1 Mktew,[b11kNr 0 !d PAX,1,101,I...—I 1 1p Ndwl Y I 16%14 I•,n 111 GLfi 011 OW,f.h•w IFI N mf of"[reb. II' h1 ' •b � MrI 41, 4041 H011e14244 S r 1 I r•Y h 9.1vvX Ir•, 1 nu nllillrN. 1. I C M i 1. z _..�_... -- rv. k � 1. r.r•v r. t ref, `+m nrr+y...r.Frrel�,...r.fo.",u y_..__— .r+•y N 1X [4h rr+r �X+.rAlL�uwllr l�.w w,..ur�+.�wr• dint kl If rrl e, 1«k�r,k.or,r.rn..r..,v. l0uk ! f MxhY r,Xhrl • M V r.w.wwrYry,.r.IfrA,e4�1�Me• 1�+•kwl.M'M XM Ibf4 M.r.r IM.eN+n Y+M IMF •I. _ Iw OTSN LOOP 288 1 1220' a-0•w) )LION I T fdAP rlml.i _ �rnA.r 2 f l � { ,1 • � f i r G a ! Y u n • n N a y � qq IIIfi ! 81 V A j L . • • i 79 M1+I,.YeNAI k'ewr 1z `1` tl !r ^e a an is z. ;1 zn m I� rr Is#s I ��} 7e sl tI ! I• IP la i � i � `��' I 7n i z ! elnikA ej •le 77 1 7 f i • [� 7' , a Ip M it ! I. I 1,14 s It ol w � i _Y.fr —�____ - ..--.r• a-�-�� I... _ ,`.M1—�� C. .. t., __.- •W A , T iF �k yy �f I � A I ►` 5 ! I� I I 1 4 'P D Id M 17 I! r I� . .� 17 11 .f� / / �'• N"I D i r5o LI II 01 e B IF I 81 sE o n } .F a 1 , P htN t �' . �. � ( nrle burl .y+.... e1,.1 ti 0 _ • t " ° `` DETAILED PLAN (Witities) FORMAN WILLIAMSBURG SQUARE I LEG(.kjl 4 rrm.fa. rvy, ADO t11r i f. t A- Ia..11 aril r.r I nn' r.II .1 Le I+n url M•NFMaol took Vi IMFI 11"0910101.If a.X r M 4M 1I AM✓+Ihlrl L` I , 11 , rw,wY,11.n lkxnf P,+rq,1nn nau • Y �f i �riNN[N.I�r Innl Af lHr1 hlAr fllP l+u `w Fi� lot r -- �, ._.. � !._ •' I I r. . IX Yr. I h rtv1 11 I M l 41 111 1 I AGENDA INFORMAVON SHEET AQi It1 nda %(;Lsilm DA l l:: March 2, 199x) 08f6� � DF.PAR'1,,N1f:NT: Planning Department dl, Cmmolee,1('dl: Rick St.chla,349-7715 f" SC HJE.�j/.9S-059: llJl men't Fslrlrt's IO Ilold a public hearing and consider appros al of an amendment to the 131,76 acre concept plan for Planned Development I 11 (PD 111) coning district and of a detailed plan containing 27.1 acres therein. l lie property is legally described as Tract 1, 7A, 8, and SA in the Berry Merchant Sultry (Abstract 900) and is located on the south of Robinson Road and east of N'otslin Road The proposal is to add ninety-four (93) single-fa iii ly loll to the Oakmont community, tonging in lot sire from 3,600 square feel to more than 9,600 square fret within the district. The Planning and Zoning ('ntnruission rcmrnincnded appnnal (6-0). I1.1('1�(iROI'ND he applicant's request is too-fold It incolces an amendment to the original concept plan to alter acreage and density' allowed a ithin the three traces that permit single-I ly. patio homes and csl.dc homes (sr.'Cahle I- highlighted rows and Attachment I and 2). Second, the request is for app-oval of a detailed plan tolaliug 27,1 acres and providing for ninety-four (94) single- family, p Ilio home and estate home lots (see Attachment 3), If the concept plan is amended, the lotal number of d,sclling units allosscd within these areas would be reduced from 125 to 94, by im rearing the numhcr of single-family lot: from siN (6) to nineteen (19), decreasing patio home dN%dlinp units front sescuty-sewn (77) to silty (60) and reducing the estate style homes from fbny hto 142)tu 1111cen (15). + 1',1ble I. I'll I I1 ('oncepi 111an band t'sm Acreage and Ocn,ily ordinance 86-81 Original Concept Plan Propcsed Concept Plan band I xr 1cres Matt, Allneed Proposed Proposed Proposed Number 1 nits Ilensill Acres 1'nits Dohs �1,aluncn:: i>-I 1190 21.1 Nduac IlAO 214 unchanged I l n rbu t i in I lnn,c 4 t .n 295 6 d i ac 45 14 171'r 1,S du'ac I loll _._ — ---- - ----- 3.5 4.9 19 :'� 3.9 dotter Singk•family - 7.7— D-3 2.2b a dolor. 1,100 r.f. 1oU) ti 1�. o[tomes' D 4 - 1190 17 6S durAg} t l t d; S Z �` :s.%i I.IOt3 kh •- �.. , t;tY ( �, �.. 5 ** y'r ,. ' ,�� , I r udrn i h,Inc�� U-6 6�-o 41 6 .1 du'ae, 6,711 41 uneh nged In,lll ,ttusc. ?tA6 -- .. 3572 - .... ... 20 III) I I I toll ll I?2.46• 67J 5.11 ill 131.76 524 49dulac /.=18-09 total ��.. 24.00 125 4.3 dinar 27.1 94 3.46 du'ac • 11 r,Ater nl ell, ul ij'I,I,d nil,I'Ile 11611 10"prcd ht o)dlo dm,4.A6 A/slrghd,rt(rri11 the rail at roil ,,u)f011 r •!),411h)11,1 I.�.-1 PSG�t1�f f'r n 9"11 It It,'t i,1,,I p1(I n 1or the Ou ter homt'J%$h G total r'ova Pf I'1 1ptt. 1 t, Staff proposes three other changes to the concept plan for PD 111 that do not involve the applicant's request,but correct errors with the original concept plan. First,the acreage and units for cluster homes should be reduced to be consistent with the approved detailed plan adopted by Ordinance 98.138 (see Table I — cluster homes). This is recommended to reflect that fact that the detailed plan approved for this area contains fewer acres (49.2 compared to 45.1) and units (295 compared to 173)than shown on the original concept plan. Also,by doing this,the acreage reserved for the golf course can be increased (33.46 compared to 38.72) to correct the total acreage within the district (132.46 to 131.76). All of these changes would simply make Iile concept plan more consistent with how the district has been and is being developed. The cumulative effect of the applicant's request, along with staffs recommended changes, is a planned development that is consistent with all of the policies of the 1988 Denton Development Plan (DD?) and many of the 1998 Denton Plan (DP) Policies (see Attachment 3 — Comprehensive Plan Analysis section). It provides for a range of housing types that appeal to different economic and individual lifestyles by offering a range of jingle-family lot sizes, building sizes end price ranges. Moreover, it will reduce the total dwelling units from 677 to 524 and thereby, decrease density (dulac) from 514 to 3.98 for a twenty-nine (29%) percent reduction. One issue created by the development of the 27.1 acres contained within the proposed detailed plan at this time is the design of lots that straddle the current city limits of Denton and Corinth. A detailed pbr: that includes any such lots would create public safety issues, concerning response by eincrgency service providers. The two cities are working to resolve this issue by agreeing to a land swap that would create a boundary line that follows lot lines. In the meantime, the proposed detailed plan avoids any such conflict of public safety by including only those lots that are wholly within the existing city limits of Denton. Once the land swap is completed, the developer will return to request an amendment to the concept and detailed plans to include the i new acreage, density,units,and lot configuration. Two(2)property owners were notified of the zoning request. No responses have been received to date. ' PRIOR ACTIODIREVIFEN November 25, 1998— Application and fees received by the Planning Department. December 3, 1998. Development Review Committee reviews detailed plan for f-st time. December 10, 1998. Development Review Committee reviews detailed plan for second time. January 13, 1999- Planning and Zoning COmm15510171 recommended approval (6-0) of the proposed amendment to the cone ept plan and the proposed detailed plan as recommended by staff. FISCAL]INFORMATIONr r Development of this property will increase the assessed value of the city, county, and school distri t. It will require no short-term public improvements that are the responsibility of the city. 2 { n c. SUGGESTED RECOMMENDATION 4 The Planning and Zoning Commission recommends approval(6-9)of this zoning request finding that: ` 1. The amended concept plan is consistent with the 1988 Denton Development Plan policies and the 1998 Denton plan policies and the Growth Management Plan 2. The detailed plan provides for a compatible arrangement of buildings and land uses and will not sdversely affect adjoining neighborhoods outside of the property; 3. The detvled plan provides for adequate and safe circulation of vehicular traffic;and 4. The detailed plan substantially complies with all regulations of the city. 9U W—N$ 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. S. Table item. ATTACHMENTS I. Original Concept Plan(Ordinance 86-81). 2. Proposed Concept Plan. 3. Oakmont IV Detailed Plan. 4. Planning and Zoning Commission Report,January 13, 1999,Z-98-059. S. Planning and Zoning Commission minutes from January 13, 1999. 6. Draft Ordinance. Respectfull sub ave Hill Director of Planning and Development Prep ed by: J W1 Wayne R �� Plannerl 3 cr 1, ATTACHMENT 1 ORS. S6-S1 EXHIBIT 01" T Y�.Nrpr'C W► N�N� 1-7101 � O Estate ail eo{f,��u�sc Homes dingle Pamlly Homes stmuc ' YAHILY 7.1 Ac Golf Clue Art co t f1! PATIO HOHE1 S C11 tt•f0 Ae. 1 Cluster HoIn U,70 At. i [STAIN. HOME$ Aa. Estate Homes Awimopw Condaminum6 11.1 As N.S. HO EMILY p 1.1 As. GAI10N.111101aa / T1 6 C wnAom i 4 ATTACHMENT Z PD 111 CONCEPT PLAN (Z-98-059) NORTH 'nA , FZONED SI e-Family r' 4 CITY N W OF O�MJN CORI NTH Patio Homec ;r 11.6 Ac. Gotf Cours 38.72 Ac. Cluster Homes 45.14 Ac. Estate Hanes 10,6 Ac 1Apartments Condom[ 1 .9 Ac. 7 N. rden Han 2.2 A 6.7 Ac. Date: FEbruery 16, 1999 Scale; None S i i I ATTACHMENT 3 '� "" f �.(� � T is i \'�� _• � ' I r p.�p � .�i.•' S i �,t r . _ ri ti o; 5 UL TRAM 1 Mawr +III I ♦,I 1 � � ��� )t .� LS '!ff>.•7 tap I , • t � , C7C� , ,.q a- / �ryj', ! L 111/� F�"L'It• I�1+! \31\. '� eIerrrc'ia--FS'w'avrrsur�rl ). ..•Yran .� .. .... ... .... ...... .. .. .. ........ .. .. .. A IMAM rux P01t macro oAa{oAT ESTATES IY I.',M MHVYM Ha.XiYM1hW•` MLI W/iM 1'X14 bYtN.O ". ...... ... .. •.......... ... .... .. .. .. .............. .. .. .. r ATTACHMENT 4 PLANNING AND ZONING COMMISSION REPORT STAFF REPORT Subject: Oakmont Estates IV Casa Numbs r: Z-98-059 i Itgf{: Wayne Reed, Planner II Agenda Date: January 13, 1999 Hold a public hearing and consider making a recommendation to the City Council concerning an amendment to the concept plan and approval of a detailed plan for Planned Development 111 (PD 111)zoning district. The Intention is to add ninety-four(94)single-family lots,ranging In lot size from 3,600 square feet to more than 9,600 square feet ! ti' s .• r � ♦�� r (� RYAN RD ' R06NWSON RO I, CITY i ! 1 9 or M CORINTH ' NOMIN RD SITE - 4 4CKORY CRgEK RD i r J LOCATION MAP r' 1 Location: south of Robinson Road and east of Nowlin Road Size: 27.1 acres 'J nP44'L 51.x' RrPul.tlr�' S' I F7a 1��_ 1! l C. 4& ..5!7! .;f.a.0.....r � Applicant: Owner: Carter- Burgess Timberglen Inc. 3880 Hulen Street 5910 N. Central Expressway, Suite 1660 Fort Worth, TX 76107 Dallas, TX 76206 The subject property Is located within PlanneJ development 111 (PD 111)zoning district. This district was created in 1986 when City Council approved the original concept plan for tha entire 131.76 acre area (see Enclosure 1 — Exhibit 8). The property is part of a 725 acre development located on the southern edge of the City of Denton. Approximately twenty-seven percent(27%)of the total master planned community is located within the city limits with the balance located in Corinth. The area Is currently undeveloped and is surrounded by the City of Denton's ETJ to the west and north and abuts the city limits of Corir!h to the east. The developer is proposing to develop 27.1 acres within the district. The concept plan permits a mix of land uses. The following table includes the land uses and the re.aximum number of units allowed within each area. For ease of Identification,the three tr-,:ts included in the detailed plan,single-family (7.7), patio homes and estate homes are separated from the rest which are not part of the request: Land Uses Acres Allowed# Proposed Proposed# of Units Acres of Units Single-family-7.7 2,2 6 4.9 ° 19 7108 shots Patio Horner. 11.9 77 11.6 r 60 } Estate Homes 114.9 42 10 8 ° 19 600 sf lots "Total 7.9.0 125 27.1 In short, the request Is to reduce the total number of units from 125 to 94, by Increasing the number of 7,700 square foot lots from six(6)to nineteen (19)Pnd decreasing Patio home units from seventy- seven (77)to sixty(60) as well as the estate style homes from forty-two(42)to fifteen (15). One Issue created by the development of this property at this time is ti re design of lots that straddle the current city limits of Denton and Corinth. A detailed plan that includes any such lots would create public safety issues, concerning response by emergency service providers. The two cities are working to resolve this issue by agreeing to a land swap that would create a boundary line that follows lot lines. In the meantime, the proposed detailed plan avoids any such conflict of public safety by Including only those lots that are wholly within the existing city limits of Denton. Once the land swap Is completed, the developer will return to request an amendment to the concept plan and detailed plans to Include the new acreage, density and lot configuration. 1 `4E4 1 1'!S .1 k 8 i M I I I 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 sm 111 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 Areaa Is restricted to 60 trips per day per acre in order to balance land use with road capacity. Stef finds the proposed development to be consistent with both the policies and trip Intensity standards of the 1988 DDP. The table below provides a summary of the Wa Denton Development Plan policles applicable to this project: Denton Development Plan Policy Analysis Summary Low Intensity Area Development Rating vs. Policy sootwhat POLICY COMMENTS Inconslstentnt Iranststent Cmsstent intent These areas represent pnmary The detailed plan Involves only singl& housing areas within the city. ramify,lob. X rntamity. To be consistent with the The proposed detailed plan will create Plan,a development should not exceed ka tesa than Its allowed intensty. The allocated Intensity, ninety-four(91)bb.will generate sornew1ree around M trips per day. Allowed Intensity a 60 trips/acre Allocated Jr*%ty 1,626 triprJyte X bite Man control. Strict property Detelled plan provides strict site pan devetopnrnt control within 1,600 feet of control. exh�ing Inw density residential areas. X Traffic Design, Access should be Not appicatye. provided to ensure that milt-Family or non residential uses have Korn to collectors of larger aderlais with no direct access through residentlel streets. X ` Open space. Su ident peen space, The panned dm4oprrent includes a rweaticrW fadl6es and&ersity of part 33.46 we pMate golf course. New are provkfed. residentlal development ON c"IbLte to the development of putitc parks. X Public Participation. Input Into No ad}acent nelghham panning by neighborhood associations and coundls Is encouraged. X Land Use Diversity. Non-residential and The detailed pan InvdvK only P.mgle- mulb-famPy development h encouraged to family lots. a limited degree, X Manur•,:'uod Housing. This form of No manufactured Musing is allowed by single., ., v housing may be compatible the concept pan, y r with de. ' ,Vwts In the low intensity areas wbJed td Conditions. f ' \ strip commercial. Any form of The detaied pan aloes only for __T continuous sMp co nmerdaf b enngly residential development ds,w. 3 ed inloe near low Intensity arm X r ,, art•, rani.rd. 9 I I I 1998 Denton Plan Policies Analysis The 1998 Denton Plar ;DP}is to be used In conjunction with the 1988 Denton Development Plan in I 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 a summary of the 1998 Denton Plan Policies applicable to this project: Denton Plan Policy Analysis Summary Development Rating vs. Policy CATAGORY POUCY Inconsistent Apillaaame;; consistent Transportation. Compliments Denton's long Range Thoroughfare Plan. x Pronotes Access Management Pradices x opt ites operations fur emergency service providers and other pudic service pra kss. x Promotes public transportation system. x Contributes to the Denton Traps met vork. X Stormwater Dralnaga. Protects SOO-year floodpfaln areas in accorda"with Denton's watershed management pans. X eonfonra to total subdivision regulations. X Cortrlbutes to regional detention facilities. X _ Provides for natural npanarn ernironment along floodplaln. X llpgredes existing substandard drainage r,Reins as Inrill and redevelopnent occur. X Water and Develops Ord maintains property and private Wastewater. infrastructure. X Creates opportunity for ov"Png water and wastewater Imes to meet future development demands. _ x Provides review of proposed water and wastewater Infrastructure to ensure public safety and health,_ X Promotes Inflll impovernents over new line extensions, x Electric. Provides underground electric servke for new reslderroal and nonresidential devek>pment. x Solid Waite. Promotes eM�dent access to al development for solid waste service delivery, - X Parks and Recreation, locates parks and recreation rad tit;in accordance with the Park%and Recreation Strategic Pian. x Enhances parks and recreation opportunibes for residents, X Preserves Aoodplain for parks and open space to aid In floodplain oi"rvation efforts. _ x Mows combining of parks with other public facilities to achieve coo effective dellvery of putitt services. 11 Residential development should dedicate lard or Fees In /r Ileu of lard for nelghborthood parks. x 6 FnvtronmeMat Quality. Promotes peservatbn of natural resources, , °`� x Integrates environmental protection with eoonomr c .Z..T_ growth and comnwnity deaeloprnent. X 10 Jt�.aasrrr J\Y l t. 1998 Denton Plan Policles Analysis (continued) Denton Plan Policy Analyst Summary Development Rating vs. Policy CATAGORY POLICY snnx,raent AppW�raele Consistent fNa911podgOd6 rd oarmunity feHlltks Tar �; x ErKgr M a ftftn of land sines that berx-At resleents. • x is erects w d txe9ervea existlnq neidhborthoods t o x =s fl� d=m rea,ce v2 Ier "pc x Houst". Rem"a range of Pima"types tat sppeal to ddhr nq ` eoonook v4 mvdud kfe•styles. a'' x Opn«r sl�gle-W*lot*%e�ldkp sizes,Mgm l x preserves odstlno housing,k"W aNardebte houslrq. a tnaeases khfal housing owdWIon. Eoonomk Cmttitxdes tp a strong and d mOW loci emnorrry W a Cir DKWWadm k aeadnC empbynkrd and ex Y6V tx tax base x Oaswrnment E="ges kderpovemmerhtd 000rdnaton to proWe catOectne pudic eervloea x Urban bsslttm Addresses oonevi ty appewanoe in a comoeherdve x manner. D!ver*W ardiltMural appearance of built emtronrnere, ' Ndphborhood Infla development should be conpatlEk with existing lard uses and M Mhpa Roteds and preserves Denton's oddectural,WUW and h*WA resourom r eftnoss the appearana abrq m*entranaways. p ww"the prauvatlon of bred and 6n49mo q. x kMk Irwo}wment Rovtdes an oppar"for pudic opiniol du lnli th! dan"VOOM x . i i Z 96 059 P1 510 Rty*Y I,do( i1 t , t r y 1. Transportation A. Trip generation The proposed neighborhood development will generate approximately 900 vehicular trips per day. Table 1. Proposed Land Use Trip Generation Land Use Average Trip Total Trip Waximum Bulldout Generation Per Generation Single-Family (detached) 9.55 trlps/day 898 94 single-family homes Allowed Trip Generation 27.1 acres 1,626 60 tripslacre Difference -728 45% below allowed trips •Calauladons provided by 114 Inswim of TnmpoAallon Engln"m 19n1. i B. Access The neighborhood Is divided Into two areas(see Enclosure 5). The northern neighborhood(Tract 1 and 2 on the detailed plan),which includes the single-family and patio homes will have access onto Robinson Road and eventually onto Nowlin Road. The southern neighborhood (Tract 4)will have access onto Oakmont Drive,which is located In the city Ilmits of Corinth. C. Road Capacity Oakmont Drive is located within the City of Corinth. It functions as a collector street. As such it should be a four(4) lane undivided street without parking, providing four(4)lanes of through traffic. As such, its designed traffic capacity will allow for a tolerable traffic flow of up to 14,900 trips per day. At present, this road Is constructed with four (4) lanes without parking, Robinson Road is Identified as a secondary major arterial road by the 1998 Denton Mobility Plan. This road is designed to be a four(4)lane undivided street without parking, providing four(4)lanes i of through traffic. As such, its designed traffic capacity will allow for a tolerable traffic flow of up to 14,300 trips per day. Robinson Road is currently constructed with two (2)lanes without parking. There h ri no available traffic counts for this area of Robinson Road; however, there should be adequate capacity to handle the calculated trips that will be generated by the proposed development. Nowlin Road Is not classified by the 1998 Denton Mobility Plan, as it Is located In the county. Therefore, there Is no proposed road design for it. Nowlin Road Is currently constructed with two (2)lanes without parking. There are no available traffic counts for this road. J D. Pedestrian Linkages J A Sidewalks along all public streets are required. The development of the neighborhood will Include sidewalks along all Interior public streets too. 1 79 I1 Y I P,St 1'r PoI n O`H 12 II I A i 2. Utilities This development will extend water lines, but has access to sewer lines (see Enclosure 5, sheet 5 and 6): Water: a) Lots on Tracts 1 and 2 will extend the existing twelve (12) Inch water main located along Robinson Road, east to the entry of the neighborhood. l b; Lots on Tract 4 will connect to the proposed water mains In the Wynstone at Oakmont neighborhood, I Wastewater: a) Lots on Tracts 1 and 2 will connect to the proposed lift station In the Wynstone at Oakmont neighborhood to the west. b) Lots on Tract 4 will connect to the proposed sewer mains in the Wynstone at Oakmont neighborhood to the west. 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. A preliminary drainage study will be required with the submission of a preliminary plat. The study must include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property. The developer must Indicate the method by which the run- off will be carried across the property or stored on the property. 4. Signs As per the sign ordinance. 5. Off-Street Parking All homes within the detailed plan will have two (2)oft-street parking spaces. 6. Landscaping 1 This property will comply with the Landscape Code. Tho district as a whole has a golf course comprising 33.6 acres and there Is an additional 4.9 acres as open space. 7. Open Space and Recreational Areas This residential development will be required to participate in the development of public recreational areas. Through the Park Dedication Ordinance (98-039), this development will contribute to park land dedication and park development fees. Dedication requirroments are required during the platting process. Park development fees are required prior to the Issuance of building permits. If the development Is built out 094 lots), it will contribute $27,354 to the park development fund 8. Building materials Planned Development 111 (PD 111) restricts bu;,ding materials. Specifically, all homes built on the Included lots must be constructed of masonry,stucco,or of a glass building material of the kind usually used for the outside wall construction, to the extent of at least seventy-five (76)percent of ' A, the area of the outside walls. 1` q C ' February 1985 —Approximately 131 acres where annexed into the city limits, Including the subject 9e rYl Rt SI�'1 Ac'{ rt t,dnc 13 property and placed In an Agricultural (A)zoning district and land use classification. April 15, 1986—The subject property was rezoned to Planned Develolvent 111 (PD 111) zoning district and land use classification by Ordinance 86-81 which amended tha zoning ordinance and map for the City of Denton. The properly is part of a 725 acre development located on the southern edge of the City of Denton. Approximately twenty-seven percent (21%) of the total master planned community Is located within the city limits with the balance located In Corinth. The subject property Is not platted and would need to be platted prior to any development. The developers are currently pursuing the platting of the subject property. =2 EAM NOR Notice of the zoning request was published In the Denton Record-Chronlcie on January 31, 1999. Two (2)property owners were notified of the request on December 31, 1999. As of this writing, there have been no responses. No neighborhood meeting was held. e'h' C .. ."'¢M, . am Staff recommends approval of Z-98-059 to amend the concept plan and approve the detailed plan. I move to recommend approval of Z-98.059. 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. 6. Table item. 1. Vicinity Map. 2. Zoning Map. 3. 200' Property Owner Notif .ation Map. 4. Ordir,am a 86-81 - Concept plan for PD 111 (14 pages). 6. Detailed Plan (6 pages} t r -� Z IN p,7 PL 5t➢7 RrtKnl.t M. 14 f ENCLOSURE 1 t NORTH Z-98-059 (Oakmort Estates IV) If v J r. Y Y .a�a. IT FpCI00RY. EK RD 4 1 VICINITY MAP (fti r Agenda Date: January 13, 1999 $ale: None 13 c l ENCLOSURE 2 NORTH Z-98-0 9 (Oakmont Estates IV) s { SF-7(c) Iq ihf�mi C ITY or P�bo CORINTH Must SITE 3 Hoorn t1.7 sells u ■ Ot 1` 1r ZONING MAP l Agenda D a: January 13, 1999 Sole: None l6 ENCLOSURE 3 I Z-98-059 (Oakmont Estates IV) NORTH npY N-" P150 11,0 krlf -- CITY OF _. CORINTH Homo 142as0ti. Ir r 20',1 FOOT NOTICE MAP Agenda bate: January 13, 1999 Scale: None 17 4' I I III I ENCLOSURE 4 N0, 24—91 I AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS AS SANE WAS ADOPTED A!'- AN APPENDIX TO THE CODE OF ORDININCES OED�FANDEASI SAIDP MAPTWL1ESAS1'0 6131.76NACRESN OF 9-1 , LOCATED ON THE EAST SIDE OF NOWLIN ROAD APPROXIMATELY 1 100 FEET SOUTH OF ROBINSON ROAD, AS 1S MORE PARTICULARLY EESCRISED HEREIN; TO PROVIDE FOR A CHANCE IN ZONING CLASSIFICATION FROII AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DES14NATIONI PROVIDING FOR A PENALTY IN A MAXIMUM AMOUNT OF $1,000,00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINSt SECTION 1. That the toning classification and use designation of the teal property described in Exhibit "A", attached hereto and Incorporated herein by reference, is hereby changed from Agricultural "A" District Class iflcatfon and Use designation to Planned Development "PD" District Classification and Use designation under the comprehensive toning ordinance of the City of Denton, Texas. SECTION 11. That the site plan, attached heteto as Exhibit B and Incorporated herein by reference, is approved as a preliminary site plan for the district. Any comprehensive site plan required to be submitted herein shall not be inconsistent with the developsent concept site plan. Any amended concept plan submitted for approval shall show and include the whole district. SECTION III. That the district herein approved shall be subject to the following conditions, restrictions, and Iialtationsi 1. Prior to the beginning of any development or construction _ within the district, or of any parcel a: land or phase ther.of, or the issuance of any building permits therefore a detailed comprehensive site plan for the parcel of Is nb for which development le proposed, whether one or more, shall be submitted for approval in accordance with the provisions of Appendix B•foning of the Code of Ordinances and the requirements of this ordinance. The comprehensive site plans required herein shall be submitted in the manner and fora acceptable to the Department of Planning and Community Development and shall show or contain information as to all proposed land uses, development standards and regulations to be applicable thetelm, including, but not 11' { limited to, the location of all buildings and structures streets, perking and loading areas, recreation, open spaces, Aa 9:1k areas, major utilities and drainage faellitiesl the maximum bul�ht of all buildings and strueturesl the dimebslons of dtnl lots; tke maximum lot coverages end building setbatksl all bugfering and It; ,aning areas and devicesl the location, lire, and types of detached signs and the regulations to be la r e t applied to all $tins; And such other information as may be required by the department, 2. Any comprehensive site plan required to be submitted herein for approval for Any parcel of land as shown on Exhibit I shall be In substantial compliance with the tcreage and total number of dwelling units shown on Exhibit C, and the defined land uses and requirements shown on Exhibits D-L through D-g, said Exhibits being attached hereto and incorporated he toIr, by reference. SECTION IV. That the proposed land uses for the district as provided for hereln shalt be considered permitted uses, subject to approval of the required comprehensive site plans shoving the design, locatl On. and arrangement of the buildings, structures, lots, streets, parking And loading areas, open or common spaces, set- backs, buffering and screening devices, and all other development feat r. required to be contained therein, as required by this ordinance. SECTION Y. That the development of the proyyereyy shall be In substantial compliance with of final comprel�enslve site plan hereafter I and made part hereof for all purposes and the reguls� t ons, conditions, and provisions herein contained. The 2oning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, as an Appendix to the Coda of Ordinances of the City of Denton, Texas under ordinance No. 69.1, as amended, Ls hereby amended to show such cbsnlle in DI trict CI $$I I uttoa And Use subject to the above conditions and specifications. SECTION V t. That the City Council of the City of Denton, Texas, hereby finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton Texas, and with reasonable consideratlol, among other things for the chirstter of the district and for its Peculiar suitability or particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most a propriate uses of land for the maximum benefit to the City og Denton, Taxes, and its cltisens. SECTION Vil. Any person who shall violate a pprovision of this ordinance, or falls ':o comply therewith oe vlth any of the requirements thereof, er of a Permit or certificate issued thereunder, shall be guilty of a misdemeanor yyunlshAblo by a fine not exceeding One t:,ousand Dollars ($1,000.00). EAeh such person shall be deemed guilty of a separate offense for each and every day of A Portion thereof ,during which ahl violation of this ordinance is <: committed, or continued, and upon conviction of ray such violations such person shall bf punished within the limits above. SECTION VIII. days That this dAde at Bits passage, and effective CityfSecretary 1i! 19 t. t hereby, directed to cause the caption of this ordinance to be published twice in the Denton Record•Chronicle, the official newspaper of the City of Denton, Uses, witnin ten (10) days of the date of its passage. +SSED AND APPROVED this the ( 'day of J24dZZ, , 19ge. CITY 0 DENTON, TEXAS ATTEST CITY O�TCIT CXETARY APPROVED AS TO LEGAL FORNt DElRA ADAM DRAVOVITCN, CITY ATTORNEY CITY OF DENTON, TEXAS RYt�nt �• Yom ,...., , I 20 . I i> I II i a R LXHIBIT "R' FILU NOT s ' Abetr"t me, 800 tbenten te 16 t e Barry Heieeiant Survey, described as follows g particularly 6tCINNINO at an inner comer of said Barry Merchant Survey, $aid point bolo the nerthvajt Cornet of the A, M, chants urveyo, Ab$tratt NO, 11�/, a point for corners 7HWA S49471W along the dividin, line botwen the Merchant Survey and the $orren Survey, 12711871 to r point for cornarl ieuerNLNCi 14'05'V and tentinvOl &toe$ the d}vtdln fine between hodsthco nil sty$Aid merchant bto tha soot southerly Corner of the L B,A. 6 C,R,R, Co. Survey, Absttett Qo, 190, a pains for eernerl Chant Sury yNand7the O.B.S,tS*C.101d1Co. Surveytandnpairl!art4Mer• northwest Corner of the g.siB �& C,R,R, CO, Survey At approximately theOMerchantnsutvingand the C7'a thatto Survey;vnbaeraatnde a291afor a total distant* *1060,1131 to a point ter Cernerl road, N1 , Mint '01't, 7119,61' to a point to the Center of a county for corners THENCt S$6'4t'[, 1161,11' to A ooint for corners THLNCL 37.071sl, 1165,90' to a point for !owners H[NC[ 17 acres at 766, ' ace*$ of land, to the place at beginning and Centaln- !ng i�l J 6l a i 21 c. EXHIBIT "/" 1 1•J III 761"Oaral, Club Naua• �� �'�• E•k70i eo \ Estate Coll fgu Home/ 8lnple Family Homes SINGLE �• rAMILY ([\ e Golf Club Arl I( J L PATIO HOMES n 11.90 Ac. Ch CIUItef Home/ � �' 49.20 Ac. a ESTATE HOMES --� r 14.20 Ac. : a Ealate Home/ t = Ap/ftments! Condominum/ 11.0 As. N.8• !.f Ai. 0 FAMILY O CAPD�N70JOKES 10 q wnAom 22 r.r.rr.r�rry.rr.... r u ' EXH161T "C" t-1706 L--Not ! TOTAL UNiTB SIMILt FAMILY 2.20 N PATIO MONE1 11.90 77 ESTATE MONEO 14.20 42 TWO FAMILY GARDEN MONES 5.70 42 NEIGHBORHOOD SERVICE 2.20 NA APAATMENTS 1L.90 214 CLUSTER HONES 0.20 299 GOLF COARSE 22.44 J II E q 23 . , . 2.1J06 .q 0. . 0 u i I i I E$H1e1T "D-V I I i AiNLRY#N!!/GON00lITY ttl..e D#ItNIf tONI NultldsNlly, The a rueteros will "MIN tree two 111 unite pet bulldlnq to sletaos fill unite pot bulidlnq. 11100:111UNTU lblaht kaU JA1H r Two and one-halt 11.1/11 starltd 11 Wilik. 11110 Neauir@1#nbr 119�.t Terd - minimum twenty (10) toot, jcM kill fltt�d151Ntak shelf be40b trvsd betwetnletruel1140. A $14, Yard adjacent to a strait shell not be lose than flftoan fit) tat. Lill recd - Alnlwe twenty (10) tut, Lot Atli • NlniNUe shtseh thousand 111,0041 squat• tat, Let width - Minimum .slmoty 1041 tau. Let Depth - 916110101 nlndty 1101 cast. 1111111 bwslite# os.. . the einieua !loot errs of any dvalllnq unit shat, ae tive hundred (5001 equate feat for flits Isln#le level unite1 and eevoA hwndrad fifty (1501 equal@ feet tat otudlea Itwo lovol unitNl. tat te6@osse • Aulnue fifty 1101 percent by Uildinod and parinq. r !all no a@UlraeanUr A N1nlAwo two 111 paralnq epae#a pot dvolfinq unit. lfwlldcne Uatsrlalu All dwelling units Shall be eonetrucesd of masonry, stucco, Of at a #loss bulldlnt Natotlal of the kind usually used for outbid# will eenatruetlon, to the OWN of at lust �e�ews�n�e�y-�t�i ire 1751 parent of !hS sets of thS eutelde walla. c+rssu•Lta.Y-�ll}�YI l l a e • Nasleue 14,0 dwelling units pot acre, 24 • !•1106 I t •, 1 G ty VOIBIT "D-1" SLtlfylf mOx!! � alflx1t20mt single fanny detached unite. ftOtliAtxowYh ALUM fuulraMUt TWO (1) stories in helght, ana xeeuleeuntee Plant yard • xlntnum twentytl•s (I/) tut. fill Yard - minlous trove III folk, A side yard ldjuont to a Streit $hall flat he lose then ten (101 took, most Yale • mlelsus ton ISO) loci, 1,01 Ara foul thousand fire hundred 14,5001 Square toot, Let width "minus fifty 1101 fat, AP blu minimum ninety ($0) tut, I xsntnu■ awlllnf flm• • the elnlnus floor Ara of any dwelling unit awl ad ens thauated kw* hundred fifty (1,1150) square foot, tot Coverlet • xatloux silty Ito) percent by buildings, perties fS9jjAn•n at xlnLeus two III spates per unit,' fulldlnl metetlal 9 All dwelling units @hall be eenetruetsd of masanry, stucco, et at a glass ►ullding materiel of the tine usually void ter outside w$11 Camel rucllon, to the extent of at least olventy•flua 1111 percent of the area of the eutsld@ wills. LILU10111a1 Deneleml Dtny • maximum 1.0 dw•lllnt unIke pet sere, ti wi I i 0lloe 1 f J'At Ci { ...t r �s II ,.ilAce I 't r � tl t� t, tx►aatr "D-V atMau rAMSty roMAa Ott[mIt10Rt litadhod housing, R!W tmtMlMl1� 11oleAt R� eauIte_entl� Matimum two and onaAllt (1.1/tl stouts to I Might. atH Reeul teeenhet e a • Minimum twenty-five 1151 tat. fide lard • Mlnlnu! live fhl tat. A side yard adjacent to a setae $hall net be tall than tiftan (ill tat, Rear Yard - Minimum twenty 5101 foot. ILt Ata • Mlnlnum 11veM1 theueand Alvin hundtod 11,7001 egi,ata feet. 111 rldeh • Minimum seventy Ijej toot. let o"th • Minimum one hundred ten 11101 feet. ,hall ee one t,..... (lost ltwahundredm11,1001asquete b�t�alllnq unit tee Cevaeaa • MasLW0 forty-five 1151 percent by bulldiele. 1'J.EM_LD9 Raoul naentai A minimum et two I1) off-street parking tpeeAl ash All be ptevtdod Lef sash dwelling unit. r /ujldln_ e L L,_ist All dwelling unite $hall to eenatfueted of nuenry, stueee, of of a 1LU building material at the kind usually SAla tat aueside wail eenotruetlon, to the extent of it least Alveney•t1" 171) poteent et the area Of the Outside walla. l+eeldonelal Deneltyt Walk - Ma1LmuM at 1.1 dwelling units pee bell. O110o 1 't it,` C d 26 i . l { ii I i , • � A LUISlx "D•4" ]PATIO Magma beflmlTIOMI single family detached houtlnq at eats Sat flea homoo. RIW rRIM1RT11 Raleht RaawllMMtsl Mulmw two (1) stance In hal'ht. 1Vrea Msui11eantsl wont Yard - Minimum twenty 1701 foot. side Y/rd • !!de vied is esqulrad 60' and Aida at she lot. A minimum ispatatlan at tall liol teat to eaqulred between ettveturda. Rise Yaffi - Minima tin 1101 1ddt, ' Lot Area - Minimum three thousand tit hurdled 41,6001 squall feet. Lot Midth - Minimum lefty 1101 feet. lot Depth • Minimum ninety 001 lest, xinlmum Dvelltns ela • The minimum Rear area at Any dwelling unit ah111 be Ani tnauaand two hundted fifty 11,lf01 aq uarf feet, lot Cote 1142 - Maximum tImty-tiei MI percent by bufldiogi. terhino Rdgulyd MI A minimum at two 111 athatlest ps6ing Appeal shall be provided tae each dvellinq unit. lulldlno MltltlalaI All dvtlling units atoll be eanatedcted of r maeanry, stu400, 01 of a JIM bulldinl material of the kind usually wed for outside will consteuetlen, to the aatant at at least sevanty-fl w till percent of the area at the auti!dd wi110, Rssldeatlli Danaftwl ➢en/l!Y • Maximum of f.s dvelllnq units pig Atli. ti OIlOe 6 27 , :•iron t r c. MIbit "D-5" "TATI MAIN 1111011I M0111 single family detached units. R1001RIKIPT11 m$labt Rwulramantu maximum two and ode-halt 11-1/11 •tart$@ in blight. A944 Reouft►x$ntll front Yard • minimum tworty-five 1751 hat. lids Vied - Rininum seven and onabalt 11.1/11 foot, A aide yard adlae$nt to a it took •11.11 not be less than fifteen (11) fast. Rear Yard - minimum twenty 1101 het, 10 ,-AW - Minimum 6160 thousand sit bundt$d (0,6001 square foot, }6t.Width mtninum eighty 1001 toot. Lot Dept A - minimum one hundred twenty 11101 foot. Minimum IIwe111ng list • The minimum floor area of any dwelling unit $hail be one thousand Giant NOW (1,6001 squire feet, Lot Covered@ • maximum forty I40) P4rg$6t. )J&in u a 1 A minimum of twn (1) off-street Parting Spaces $1111 De Pr! evlEa�Mil Neh dwelling unit. }gilding xat$;!o111 A11 dwelling units shall to ebnatruet$d of mesoneY, atueeo, or of A flags buildi6t material of the kind usually used for outside wall Wastuatien, to the extent of at leell seventy-five Itti Percent of the a W at the outside wall@, //1 0r10s low t•��81 r c+ t„ i EXHIBIT "04" TMD IAMILy DAabt11 IOMae Ds►Sm1lIOMt single family attochod units with party Yells, two III unite pat building. atgblAIms"Iss ' p efeht Iee0lnsaatn Maxims two lie stories in helobt. Atea Aaaulrarantal front yard - Minlmus twenty (20) toot. min�le��eparationaof tear1141rfeetntonrequiredfbetweentstructures. Maas tied • Minims tan 110) Teat. Lot Area - minimum three thousand sea hundred 12,400) square (at. Lot Width - Mlnteuo forty Ito) fut. tot Death - Minims olnaty 4001 fast. mnimus Dw11i-n s,�i , • she minimum floor area of any dwalliAq unit } i shall be one ' and ono hundred 11,1001 square feet, Let cavateee - eatlnum 111tytive I151 petcona, }orient Maoulaoentsl A minimm of ewe 1a1 off•ateest parAfA spates J shall bee pro Yldad tat eAeA dwe{Slnq enit. i Julldlne "WOW! Al{ dw011109 units shift De Constructed of , mesaAty, stueee, or 01 a Ilia$ building mateelal of she kind usually Used tar outside will construction, t0 the extent of at late% Seventy-(lue III) percent of the ilia of tae outside walls. AeuQensla{ Denej{,gr Melee - maximum at 4.5 dwelling units pet acre. r I 1 01100 � i 29 c t. 4t ZUIl1T "D-0" ift laywf�r441ZlpOppl Nd D111MItfONt All user p@rmleeed rlkhin Moll"atho" service dllttlek could be proposed for sea In this ato" the follow'" Im" user MAY +lee be prapea#di veterinarlan Inc outside runa), bank, household Appliance sales, haldwfe 64100 and avim:s and loan. RJg4 M fN1N tJ f ht 'd#euireman$$r Maximum tvt And one-half I1-1/1) Stall$$ In U4.1t r+fd - minimum twenty-five till loot. Aide tare Rlmimus ton (10) took, !tilt yefdtetd - Mlnlmus ton (1O) felt, Nndaeaoed men IaeA - 1Ira 19) percent of the total lok item V.all be maintilnod 01 "A"0 0"d Span spate. Le!toveragt • Matlmum fifty (so) pereent.by buildings, } 1.4fldlme No the so In building ekterlore @hall he constructed of pas, stone, b Net, kites, t000nt, tonerete, $$t#rlat weed IN+t1NUm et 4011 of Similar m+teflala, of Any combination thot#of. p�et'na R00ulr cent$$ Oa f11 off•#last patklnq spot# shill be petalled for tech two handfed (100) $quit# foot at floor epics 4140 for retail grade. 1 { � r 30 aito6 t , r i EnI6IT "D•8" i OOip COVA/Z AMe tteb '. DClIMIlSdMr Area is intended to .etoperadate 611 ttellitles and 9840 associated with the proposed jolt course and a40aelated tali Club. pa.rattlsa Otis) a calf course facilities o Naintenan40 facilities a doll elab facllikl40 a private club e Restaurant a tltnus tanker a lwimbing fatllikiaa a tennis facilities i a parking facilities a private and public toadwrft e Ace40sary retail uepe AtOUaenleth ,'� halaht A►aul seh40etI the naxisua of two and ono-halt 11.1/31 start@$. at I dint Matsrlilar the bAln building matters shall ba Conat weted of Mot at anet btlek, !Sleet Cenantt ConerRet exterior woad (naximum of {DSI at similar setariais at any toabinakjoA thereof. 1 r a 01106 3k i•uos ENCLOSURE S 16 w-- =-rw «r 'r"F'7}114ra�/«wJ.u..s:•rrr r• � ! !Y a •'1i �l.,i � � P%Y•I I, rY. w/Y.JYY•NM1N/w•Yw �,;5, !• ♦�},;�,•�� `jj ' . r 1 ry / • • YJYw Ij u� •+ ' 7 it �I�L� 1 �� it . :ii� �'�•I ' �� c o, .. : . i aeNFrn r —TRACT ) _ "t J Ir - ^ 1 1 /t '''�� 114-flR'••flt.i _ _ _ - C ' ` •111 {11 +,•R, ` O Nei pp �� _. ..._1 f�'p p. r • .nor . : I R ' YTN ..,��, 1 .� • 2 � {11 � Nis/w+• M M I RYYII Mwor [/r. /'a• 4+ •�Nrr�lw A WALM MAN P" NI ACM OATafOh3 E�TAtES N 3� j� �n r lrrwr.na eum,lew I�YN M /�i1 bYYf■•bW u /Y•/vYr h-rr..r n.N.•� MIr1 r1'.MI�M uVINW.ti •rte-e,:. �....1C...n .....� q,. .,.._... 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'(�"•,✓' fv Y{brT WI � ��. � tit Jq '1,{�1 ! 1 J, � fl �� �• s �nr ter•~ �`Ir I M.a. r � � j1 y �� .' ����w titer• 7 �1 1 1 pp �T'� � � w�'ri a 111•'l �1v1 r ' I' I F,%Vito r � �,l I ` j F• I t ., � .�`ifi�ra�J.eNauy 1 � 111 I ', f �i1 J. / • a.r4, 1 ' ;j %L�- �;,,..r•1. 1 cprsd1' 11`uAcr'<�- . .• rr Fa.r A MA= RMl 1011 MI ACW aew, 1wa r. n b�� 36. ear 1Y1�,w wq.r.'rr'1nW.w �� MI Url Mwl Yrr ar ... . c� • ,,11 Juba:WJMl1 It .._►—«r.Nl 4 r.r rn.w'.n■Nr r r•r1 t } � � ;%"`. y'` .[�'4,/ _. ..rr nnr w.y wnr•WatrA1 1 }�`"� l } y S , �IrMPIG,\►� c^s' ......°M^."_"... ... .,... t1 Ji � 1 1 I � 1 � ti.. j •. Ir ` rte—. � ct' 'tr' �.�„• n t{ CIrNt�. . � � S � r �'.�kT•J l 1� TT I r.�! I .1 I\.r � II �..� { � 1 1 • !17T11Ti 1104x1 I / r 111. � ' 1, Ly`��,��� • I,'��I ` .1,�...,+.� I JJ.yam(' \ `1 1 ''l/J\ Ii• .1 '� J . • f I �1nP"•1 A� �µ`_1� \11 y+ \� 1r M�..11 ........... ... ...... a.. .... . ...... .. . , • . ...,.�.1•'TS.' .`. •1^C'1.f.T.T:.....1 :. W. �"1t11 MA1a41 +4r• .+ M ew.t A DVAnW SLAM FM VJ Rv►'�.-� ysw _f"3� �' NaI E4[ATES er,M wy.IN NVMiHMIr'INP 4/I _ MIIN 11111M YWIHIMW •rw+,><w+— ?�».... .. fit.. .._• .. �'�+M.. .z h�>rl�::s- vrr--::::r- ATTACHMENT 5 0. I DRAFT EXCERPTED MINUTES PLANNING AND ZONING COMMISSION January 13,1009 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, January 13, 1999,at 5 30 p m.In the City Council Chambers at City Han, 215 E. McKinney,Denton,Texas: Present, elizabeth Gourdie, Salty Rlshel, Susan Apple, Jim Engelbrecht Rudy Moreno, and Bob Powell Absent. Carol Ann(l Present Irom Staff: Mike Sucek, First Assistant City Attorney; David Hin,Oiredor of Planning; Mark Danatdson, Assistant Director of Planning; Wayne Reed, Planner t; David Salmon, Engineering Administrator;and Trins Finney,Planner II The meeting was caned to order at 5:30 p.m. 10, Hold a publle hearing and consider making a recommendation to the City Council concerning an amendment to the concept plan for Planned Development 111 (PO.111)toning district and the approval of a detailed plan for 27,1 acres therein. The property Is located south of Robinson Road and east of Nowlln Road. It Is legally described as 27,1 acres of Traci? in the lorry Merchant Survey (Abstract 900). The proposal Is to further develop ninety-four(N)single-family lob, ranging In kA also from 3,500 square feet to more then 9,900 square feet (Z•99-0811,Oakmont Estates IV,Wayne Reed) Commissioner EngelbrechL Okay, Item 10 this evening Is to hold a public hearing and conskler making a recommendation to the City Council concerning in amendment to the concept plan for Planned Development 111 and the spproval of a detailed plan for 27,1 acres. The property Is toeated south of Robinson Road and east of Nowfln Road. It Is legally described as 27.1 acres of Tract 7 in the Sorry Merchant Survey, The proposal Is to further develop ninety-four single-famny lots, ranging In lot site from 3,000 square feet to moo than 9,000 square feet, Mr. Reed is going to provide us with the staff report. The public hearing Is open. Mr.Wayne Reed presented the staff report Mr.Reed. Thank you,Cholrmam Engelbrechl, Looks like the lights ere pretty bright and the overhead doesnT lack loo clear, Commissioner Engelbrecht: If you can move n Just a role or tin n,somerimes n helps a good deal Mr.Reed Maybe re's the map more than anything. Commissioner Engelbrecht. There It was. It was better. Okay. That's even better, Mr. Reed The property in question tonight for a detailed plan Is located In PDA 11. The concept plan for this PD was approved lit' 1988 and has a range of mixed uses. The three tracts we're bokkig N tonight are bated along the eastern border of this rectangular toning district. HIghllghled In orange, we have on the concept map a 2.2• acre tract for single-family lots with 7,700 square foot minimum lot sire The trail below that,referred to as tract 2 on the detailed plan before you tonight. Is 11.9 aces for patio homes with a minimum k-4 size of 3,000 square feet. The tl.lyd tract on the detailed plan Is referred to as tract Is for estate homes wHh a minlmum lot size of 9,000 square feet. The remainder of the PD consists of a 49,2.1ca tract, which makes up the milorlty of, or at Nest b the largest [Fact within the district This particular tract within the PD was detailed last year, ft Is now going through ', a Anal plot stage and has roughly 88 lots on N. It was approved for some 290 lots So,outside of the three"do r wore looking at tonight, that Is the only one for tote the[ has been developed In this arse, or approwM for ' d development. In the lower southwest corner,we have apartments and condominiums and a small 2.2-acre trod for neighborhood services. The remainder Is for two-famlly garden homes on a$,?•fare trod and o W tour"makes 1 up the open space between an of thou trade This particular development is surrounded by our City of Denton ETJ on the north and west sides, To the enl, we have the City of Corinth. Notification was, therefore,very limned to two property owners for which wive received no response. Part of this request from the appncani Is to amend 38 r c Planning and Zoning Commission M"" tanuary 13, 1998 e Page 2 of B 1 the concept plan, which Is a requirement W the original ordinance My change that does not oonform with the concept plan, the Wineries states that the concept plans shall be amended. So, on these three tracts, the amendment to the concept plan would involve Increasing the acreage for the singte-family tract located in the northeast owner, The concept plan, as I just discussed, is allowed on 2,2 acres. The delaBed plan Is aging For single-family lots of 7,700 minimum square feet on 4.9 acres, Also, the concept plan limits the number of units to 0. The proposal is for 19. The patio lames, though—the request would rat require an amendment. The actual acreage on the detailed plan Is just s4hlly less than that which is on the concept plan, The number of units Is within the allowed number of units, maximum number of units on the concept plan. The some holds true for the estate lame sedan. The total acreage for the estate homes Is actually less than whet Is on the concept plan because the W course actually took up the Whom 4 saes of k. A large open space has been provided for on this detailed plan limiting line actuel acreage for estate lames down to only 3.7 acres, and there's 15 estate hone *ts thereon. Of course, this Is conaietenl wm, c1rr Comprehenelve Plan and with our 1E Donlon Plan polklea. The trip generation for this Is far lea than what is allowed, It is 45% below stlowed tripe Access for these trade are on to several dMerent roads. The estate homes will actually have acme onto a collector street located in Corinth. It Is on Improved collector street designed to he maximum width. The two tracts to the north for mingle-family and pad*homy cum have access up to Robinson Road,and Robinson Road at that point is an Improved road. As you travel back west, that portion Is a two-lane road, Robinson Is Identified as being a secondary major arterial, so eventually that road will be designed with four lanes and Will be undvided without parking. Now4in Road on the other hand, which Is a portion of the PO we will have access to eventually when this area which is now In the platting stages Is developed,onto Nowlin Rood; Nowlin Road Is a County rood. The City has not clesoHled It and at present N Is two-Isms dirt road I'1 point out that our previous Thoroughfare Plan Identified that the Loop 2118 would come south around this area and Just dip the northern property line of the district. Loop 2Br3 Is no conger going through there, but FM 2449 will more or lose take that area up over here Nowlin Road cop cease to exist st that point. The most Interesting and kmporiark part of this detailed plan is City fimill At proseni, the City limits are drawn on here as they exist; however, the City of Donlon and She City of Corinth are presently going though negotiations to do a land swap. What the land swap will Involve Is essentially giving away the southern tract dawn here for estate homes to Corinth, and In exchange, the City of Denton will "No what I have colored In purple here. Its not on acre-per-on-acre of a let-per-a-lot exchange, bo the layout of these neighborhood" makes sense for these cities to treks this swap. The detailed plan also addresses the Issue of how an we allow the developer,who wants to proceed with development,to do so but yet provide for the public safety by root having bit straddle the existing city RmIts, which we hove to simply assume won't be this way. The detailed plan approves only those lots which are wholly within our City limits, so we ors not crating a public safety Issue by approving this detailed pion. Let's assume that the lend swap does occur, H N developer wants to proceed with developing those lots,which are shaven on the delolted pion as stroddting the C ty limits, he will have to cone back with a new detaned pion that will allow for those to be plaited as such. If this area of Oakmont is developed with 94 lets,this area will contribute another (21,000-some-odd-hundred dollars to our park development fund. This particular development or PO has cenaln archhecturel restrictions which do Include a minimum of building size and building materials Staff recommends approval of this request based upon the fact thal (e)it's consistent with our plane; (b) N provides far ordery,development 0 the neighborhood with the existing City Ilmlls In plea, And I'll be glad to answer any questions that you may have Commissioner Engelbrecht. Questions for iii Read? Thank you,sir. It the petitioner or potilkeer's rsproantal present? If you would,give us your name and business address for the record. Mr. Allen: Certainly. My name is Doi+Allen. I'm with the firm of Carter and Burgess st W Hulon Street, Fort Worth,Tlixas. I believe I also have the same problem In that I have fuN-alxed bards that probably aril be focused on with the camera problems tonight,so.- Comm issloner Engelbrechl I think you can probably just—If you went to move the easel over here and turn the' yes—here He's bringing one Why don't you bring the—I don't think we have any—I don't believe the sudisna here for We If you want to point to It.Just move the e. 'al over closer, , 4 Mr Allen: Is that okay? I mean.,, �- r Commissioner Engelbrecht Can everyone sae that all right? Okay. Seams to be fins M you're comfortable with N, Mr. Allen Okay Again, ware her 1 tonight to present the detailed plan fo a portion of Oakmont Estates,Phase N. It's spproxlmstey 27.1 acres which Is + mad PD-111. There Is additional property within Denton that our all 39 r c Planning and Zoning Commisspn M cicalas January 13, 1999 Pape 3 of a I Homes d Texas. owns that le toned stn ti 5F-7. When we bring back the preliminary plat In a couple of weeks, you'll see that stso; but being straight toning, there's not a detailed plan required for It But you con see, not in the colored part, but up above N. the layout foe the entire subdivision Is there. Our toning, as Mr.Reed delineated,is split between single-family homes the 1111 calla them-which are essentially 70 foot lots,*stale homes which are 80 foot lots, and patio homes which are 40 fad lots. And that Is—when the staff report refers to mtnlmum 3,000-square foot kris, that's what Ihe—N refers back to the original toning. Were complying whh our toning In the 70-foot lots and In the 80dool lots. However,in the patio home lots, we're proposing lots that are 50 x 110,instead of 40 x 90;to,our proposal to you for a detorad plan exceeds our toning requirements somewhat signifrunly, lots @e-wise, over what the old PD would show. We have obviously reduced the number of bit available from over 120 to 94, As Wayne also talked about in the lend swap,as we first brought this development Into the cities, staff basically at the management level of both Denton and Ccdnth proposed to ut that we consider this land swap as being something that would benefit each city and their opereWol costs and emergency responses end Just In a number of folry, slpnifxant and then other Just very run of the mill, you know, business practices of the city operates every day. We were agrseable to working with the city In the land swap* Essentially the toning,of the lot sizes that we're shov°ig here In the Denton correspond to the urns lot sizes on the Corinth side of the Une for the oppropriate uses, burn the Mfod lots, the 80-foot lots,and what vn'to proposing as Wfoot lots And in that cau, also in Corinth we hove a smatter allowable toning, but we're etiil using the 00-foot lots. We're wiling to work with the City to their beneAt on this land swap; however,our caveat in waking with the City Is that we Cecil wall for ail this to happen for us to start doing our platting and construction. Our dent owns this property. They need to gel houses on the ground; so we're proceeding with this process, and we 01 be shorty proceeding with preliminary plats and final plats on portions of the property also. At Wayne suggested,there Is an Issue there about approval of the detailed plan. You and approve a delalNd plan or prellminary plat that's not in your city; however. I would request a little bit of a difference from what f think even he recommend to far as the split-lot toning,or split lots having to come back with a seperete detailed plan. We're going to propose that we go ahead and proceed with Anal plat approval on Ou subdivision,whether N be In Corinth or N be in Gmlon, based o.,$ the land swaps being In place. Both city counch have approved In concept this lend swap belrx, In plea, Each city,though,WIN have tha ability to hold the final plots. They an approve thorn conJngenl on tit,swap but hold the final plats and not file the finat plats until the swaps ore In place because,obvkwsy,you cant Ale a final plat In the city that—unUl N's within your jurisdiction to do to. With that request, we're asking your approval for our detailed plan on this portion of P4111, end I'd be happy to address any questions you have. Commissioner Engeibtt0t, My questions for Mr,Allen? I hove one while you're here for Legal. WIN there W any problem given that we have time frames on plats? He had tuggated that they could go ahead and plot and the cities could simply not file those until such Urns ore the land swap had taken place. Legally, can we be allowed to do that or'd the developer simply submits a letter or somelhiog.,. Mr Rishef They ca n svbaid where he's at now. Umm.l.aloner Engeibrecht: ...along that stating that thsy would do Thal—would that be sdeguels? And N appears Mr Rood nos a comment with regsvd to that a well. Mr. Reed. If I can,we're somewhat handcuffed In being able to do what Mr,Alan Is ask". Fbsl d ail,Micas lots which crag over our city limit line—they donl meet the minimum lot see becaut they're not wholly whhn the district. S ownd of ail, N creates a public,safety Issue and the Fue Department would probably be able to comment better on U is But In DRC, we recommended opprovel of the detailed plan with tie condition that thou Ids which are presenbr straddling the city limit tines not be approved. We can uy that,you know,their apparent placement N,addling IN:city rim Is okay, but a far as proceeding with development of them,no. We're not comfortable with that. So, start doesn't feel comfortable recamme'iding approval of a detailed plan that would Include lots which are only partly within our city kmito. Commissioner Engcibrechh Okay. A9 right. /r Mr.Powell: Mr. Chairman. ^ommissloner Engelbrechl: Yea, Mr. Powell. Mr, Powell. I might ark that our agenda tonight ails for this to be a toning thing, nd a platting thing, 0 1 understand N correctly, 40 c f rinhg and Zoning Commission Minutes Jamury 19,1999 Page 4 of 6 Commissioner Engelhrecht: This Is lrw, Mr.Powell: We an'1 vole on any plats. Commissioner Engeibrecht Oh, no, No, R wasn't a matter of voting but since the applicant brought Uhsl up, I wanted to clear that up before he want forward to he had a sense of where we were wish R, Mr.Powan: Thank you. Commissioner Engelbrecht Thank you. Mr.Bucek: Did you get squared away with your question? Commissioner Erpelbrecht: Yea,I'm fine. I don't know M you, Is that-4 Just wanted to make sun;-ou understood where staff was with this. Mr. Men: Wan, I r.nderstand, but I afro had some comments with the fire Department regarding that, and l— Lased on our convarsalions earlier this evening, our understanding wet that as long as the City has the ab% essentially to hold the fuel plat to you're not going to go bold houses based on that spot city Ikon One, that that gives you esserhthny the protection that you need to snow us to proceed with development I mean, essentially,k we can't do the lots gut are Spin,we really donl went to twsp the land. We Just want to develop R... Commissioner Engelbrsehl: Yes. Mr.Man: ...you know,without the city omI swap because there in essamne toning the developer he has towel on a, you know, three-month annexation process or whatever that Is, and that's—they donl have that kind of time frame, unfortunately. I Mr.Bvicek: I may nol be understanding what he's saying,but I went to be sure I Say Something that's char. I know this much. You cannot approve a plat that Is not in conform"Win the detailed plan. I donl know k that sohes anything or W. But I mean that's-4 was wonted from what you were Saying that you wen bringing a plat In that would not be In oonformana with the datened pten. You're Saying your plat would conform with the detailed plan that we're approving tonight? Mr.Men Yes. Mr.Busk: Okay I wanted to be sure I understood that, Thank you. I Mr.Powell: lei ma make sure I understand n. t road the recommended moth so. and I'm not making this motion, but I reed R Sa'recommend epproval of 2.91039.' Thei's stoning snustlon, Commissioner Eogetwhl: Yes. Mr, Powell: We're not voting on a planing at any rate,to.,. Commissioner E'rigelbrachl: The only reason.,.. Mr, Powell: ...this Is w4demic,tanl R? Commissioner Engelbrecht: Righ4 No—the ony reason I raised M was because the oppocanl has raised It end I wanted to make Sure they understood that what--where the Staff stood with regard to that whom they do bring R in. I didnl want soy surprfses. Mr. Men: Right. Al / Mr. Powers: Ifs not Just stall. It's where we ore t re's approved. j' Commissioner Engsibrachl. Right. Right t' Mr. Powel: We're not lack ng about planing here at an. 41 t Panning and Zoning Commission Minutes January 1),1999 Page 5 of a Mr.Allen: No, I understand,but staff made,you know, in their recommendation, q Includes tome caveats about riot platting those lots—not being allowed to plat those tots with the detailed plan. I think that this Is something we've talked about with staff, and I lhlak it's something that we'll work out. I Just wanted to be aura I dldnl remain—stay silent on that tonight. I want to be sure that, you know,we tell you where we see rather than,you know,not saying anything and then coming back Islet and appearing to ask for something different later, I mean.,. Mr, Rishel; I'm not quite aura I understood the charge from the lot sixes that were 40 by 100 and 50 by 110 now. Is that not a change? Mr. Allen: We're providing lots that exceed our zoning minimums,which we can do, I mean.., Mr, Rishel: Thank you. Mc Alen: ...In any—yes, our minimums are 40 a 90. We're providing 50 x 100 and 50 x 1 t0. We're essentially Just exceeding our zoning,.. Nr. Rishel'. Right. Mr.Allen: ...minimum requirements Yes Mr. Rishel, Thank you for clarification Commissioner Engelbracht: Yes. f Mr. Moreno: I'm totally confused now. The recommendation that I'm looklrg at on page! says, 48taff recommends approval of 2-98-059 to amend the oonapt plan and approve the detailed plan' But what I heard earlier was that we a not permitted to approve the detailed plan where we doril have a Jurisdiction. Mr. Reed. Very quickly,the detailed plan Is for only those kits which are wholly within our city hmtts. We're gelling Into discussion about platting only because the detailed plan to requited to be In place and approved before you an plat in a planned development. More or less, a plat will mirror,tit lot configure ion on a detailed plan. But N we staff could gel In trouble M we start saying, "Yes,' you know, 'we recommend approval also of these lots which are only partially In our city hmds and which, by zoning regulatbns, don't meet the minimum cr ler4'—meaning these lots which cross our city limits, they dun't have the minimum of olitc they don't have the minimum lot width necessarily Yes,we can plat property that's not in our city limits and we certainly an plat property that crosses oar city limits,but when J comes to the zoning restrictions which we're having trouble with because the exlsgng city limit lines (meaning bT sizes and so forth), staff doesn't feel comfortable toying we recommend approval of these lots which erg partially Inside of our city limits. By approving a detailed plan that approves only carlsin We within certain blocks, such as, let's say we have a square block—lots 1, 2, 3,and 4. So,we dlvWe 4 Into four big and we go Iron the upper left tamer to the upper right and around dockwlse. We go 1, 2, 3,4. Let's toy lot 3 Is partially Inside the city,but lots 1, 3 and 4 are A inolde the city Emits What we're toying here Is that If that was our dotaned plan, we're approving a detailed plan for lots t, 3, and 4 but not for lot 2. The developer who is urging us to go ahead with the zoning and the platting prior to the land swap Is creating a hardship here by toying, you know, 'We don't want to wait for this land swap' We went to wok with them as much as we an, but our hands are Iled as far at the tools that we have to develop property. So the detailed plan says we're approving,a detailed plan for hts $, 3 end 4,but we're not opprovlmg h for 1012 because 4 doesn't meet our zoning regulations,but we definitely an plat H, It's padiolty In and out, but we can't approve a detailed plan for that lot right now. So, when they come M to actually plat the property,what will happen Is lot 2,which Is shown on the detailed plan,but we're not approving h— j one of these detals,like h you read the fine print as they say—the blocks and lots which are being approved, which is located on the detailed plan,are only thou lots which ore all Inside of our coy Iknho. What I Juct want to say here Is they will plat h as three lots at the present time. Lot 1, let's toy, will take up that portion of lot 2 that's Inside of our city limits That's The way we an allow them to plat. They will have lr come back,and If they don't—and thty r will Just have to come back and redo that one kit. That's my sonar a, and that's where staff hot worked with them, r t Mr. Rishel: loo cos,... 1 1 ,` Mr. Reed. I'm unaware of their convenalion with John Gillette,to he may need to enlighten us Mr, Kshel So,we have some bls that are kind of In a'no-coon's land'mare. i I 42 t� f- Plennkg and Zoning Commission Minutes Janwry 13. 1099 M Page 6 of 0 Mr.Reed: Yes. Mr.Rishel: Oksy. Commissioner Engelbrecht The motion says we recommend approval of Z-Wwhatever. As I understand It that's because the datalled plan shrws all of the lob, some of which are spit;but when I pots them down here,thole tats that ere sell between the two dths we not part In aduatily of the detailed pion, Mr. Reed: That Is nctueNy true. Ninety-four We we located wholly within our city imils. Commissioner Engelbrecht: Okay, Mr.Allen: If I might,Just to dean this up. We'i Just request your approval based on staff reoommendation and leave I at that. Commissioner Engelbrscht: Okay. AN right I Just wanted to make auto you waren't going to wind up vrth something ditrent then you dough you were 9el0rg. That's what I was ooncernad abaci. Okay. Other questions fa staff? Everyone thoroughly contused now? Okay. No other questions for the petitioner? AN right. Is there anyone present who would like--or did you have another wimaat? Okay. Anyone else present who would like to speak In favor of this petition? Anyone present to speak In favor of the petition? In that case, anyone present to speak In opposition to the pedpon? Anyone prewl to speak In opposition to the patilbn7 t3ee4rg no opposhion,we we"rebuttal. The public hewing Is dosed, Mr, NOW: I'd Ike to make a motion. Commissioner EngNbreoht: Yes, Mr, Rishel. Mr. Rishst: I move to recommend approval of Z-0dag, Mr. Powell: Second, Commissloner Engelbrecht: Moved end seconded to recommend approval. Dlsousslon on the motion? M In favor, please raise your right hand. Melon calla unanlmousy. (6.0) r l PdZ014399MINUTESE,ICer adtemlOdoc i l l � 4 13 { r , r I k�k ATTACHMENT 6 r_ ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF DENTON.TEXAS,AMENDING ORDINANCE NO.86-81 TO PROVIDE FOR THE APPROVAL OF AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT l l I (PD-111) ZONING DISTRICT LOCATED EAST OF NOWLIN ROAD AND SOUTH OF ROBINSON ROAD;APPROVING A DETAILED PLAN CONTAINING 271 ACRES WITHIN THE AMENDED CONCEPT PLAN;PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF,AND PROVIDING FOR AN EFFECTIVE DATE(Z-98-059). WHEREAS,oa April 15, 1986,by Ordinance 86-81,the City Council approved a change in zoning for 131.76 acres of land to Planned Development I I I (PD-1 11)bsriing District, as more particularly described therein; and WHEREAS, Aric Head, on behalf of Pulte Homes of Texas, LP, has applied for an amendment to the concept plan for Planned Development 1 I 1 (PD-111)containing 131.76 acres and approval of a detailed plan containing 21,1 acres of land therein; and WHEREAS, on 3cnuary 13, 1999, the Planning and Zoning Commission recommended approval of the amendment to the concept plan and approval of the detailed plan; and WHEREAS, the City Council finds that the new concept plan and detailed plan are in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies and the Growth Management Strategies Plan; NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Ordinance 86-81,providing approval for the rezoning of 131.76 acres to Planned Development l l l (PD-111)zoning district and the adoption of the original concept plan 1 for said district,is amended by the approval of a new Concept Plan attached hereto as Exhibit°B" and incorporated herein by reference,and more particularly described in the Exhibit"A",which is attached hereto and incorporated herein by reference. That the Detailed Plan attached hereto and incorporated btrein by reference as Exhibit"E"for 27.1 acres located within PD-111,and more particularly described in Exhibit ID", which is attached hereto and incorporated herein by reference,Is hereby approved, SECTION 111. That the provisions of this ordinance,including Exhibit"C',attached hereto i and incorporated herein by reference, shall govern and control over any conflicting provisions of A Ordinance 86-81, but all pauvisions of Ordinance 86.81 as they apply to the remaining portion of the PD-I I l coning district land use regulations not herein amended,shall continue In full force and effect 44. ~ c� i� b. SECTION IV, That a copy of this ordinance shall be attached to Ordinance 86.81 showing the amendment herein approved. t SECTION V. That any person violating any provision of this ordinance shall, upon conviction,be fined a sum not exceeding 52,000.00. Each day that a provision of this ordinance Is violated shall constitute a separate and distinct offense. SECTION VI. That this ordinance shall become effective fourteen(I4)days from the date j of its passage,and the City Secretary is hereby directed to cause the caption of this ordinance to be published Nice 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_ . 1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY,CITY ATTORNEY BY. 45. , c, EXHIBIT A FULD OTES all traet of Land a(t%Ated !n the Barry Merchant Survey, 'describ 100 Dante' Gounry, Texat, and bai ,s arch Particularly described as [ellew r SEOttN a at an !Hoar Berner �i ss14 Seery Merchant Survey, raid pot't baln the northv st teener of the A, Mo sateen Surveys Abstract No, l�l, A petnt �or eorntrl Survey andithe SarranlSurvi a d(vld ni i1M between the Merchant Y. 12)2,1 to a Point for corner) sold Nateh"t4SurveyaandtSerren Survey, 903,11 to th couthurt corner Of raid Merchant Survey the d�vldltn Itna batwan Y corner of the S,P,S. 6 C,R,R, Co, Survey, Abstract gee 9no aheaharl ter comers y' bst bat' the northeast i paint iSurvC N nd the a1on4 the dlvtdin4 lint between the Sorrryy Mtr• northvait corner the the E GBRG�Q,d�'Ce,rSunr ydaeipprerf�aettty ' 1600' and contlnutynj at NISI)d'V ale' ahtotalcdistance of And N'S Survey, Abstract No, 201 for S the dlvidinl lint betwen Point ter cernarl TNENCC road, a Point f E, 3319,61 to a point in the center of a county for ee comer, THENGE S16'61+E, 1561111' to a taint for cornarl THEM S310)'Wo 1165,90' to a point for cornlrl Y to{ 'iync Sol J2elelin6.01 to the plate of beAtnnims and contain• 46, MISSION t EXITIBIT H 4 PD 111 CONCEPT PLAN (Z-98-059) NORTH F ZONED 7l { p St e-Family 4 CITY ` NO�MJN RD OF CORINTH Patio M r 11.6 Ac. Golf Cours 38.72 Ac. --- Ouster Homes 45.14 Ac. Estate Homes 10.6 Ac Apartmen Condominu T 1.9 Ac. N. rden Hun s 2.2 6.7 Date: February 16, 1909 Scale: None 47. c� EXHIBIT, c i FD l I I Concept Plan Land Uses,Atrea`e and Density Land Uses Eaialblt Aern U01ts Proposed Number Density Ordm4i Cluster Homes* D-2 45.14 17 3.80 dulac 4,500 I.f.lots Single-family-7.7 D-3 4.9 19 390 dulac 7,700 st lots) Patio Homes D4 11.6 60 5.20 dutac 3,600 s.f.lots Estate Homes D-5 10.6 is 2,$0 dWac (9,600 st lots 1 1 i t. 49, 1 c u EXHIBIT D PAGE 1 OF 2 LEGAL DESCRIPTION TRACT 1 AND TRACT 2 COMBINED BEING a track of land situated In the Berry Merchant Survey,Abstract No.800,and In the A.H. Barren Survey,Abstract No. 1198, City of Denton, Denton County,Texas,and b*4 a portion of that 441,78 acre tract of land described In a deed to Tlrnbergten Company,aM recorded In Denson County Clark's File No,95-R0070950 of the Real Property Records of Donlon County, Texas, said tract baing more porUeularly described by mobs and bounds as follows: COMMENCING at a 112 Inch Iron rod where the westerly Ili to of sold 441.78 acre tract Intersects the southerly right-of-way Una of Robinson Road; THENCE along the westerly One of said 441.76 acre tract the following bearings and distance: S 03. 39'46"W, 1276.48 feet; S 03'OS' 30"W. 176,33 feat; N 88' 65'29"W, 690.54 fool; and S 03' 44' 15 010,719A1 feet to the POINT OF BEGINNING; THENCE S 86' 471524 E. 694.22 feet; THENCE S 02' 64'2r W, 1166.90 feel; THENCE S 65. 44'46"E.368 28 feet; THENCE 8 02' 41'640 W. 380.27 feet; *HENCE S 82' 18' 12"W, :195.08 feet; ' TH'14CE N 34. 16' 08"W. .'5.23 toot; ' I THENCE N 1 ' 31'68"W, 264.04 feet; THENCE N 06'42' 10"W, 744.93 feel; I � THENCE N 47' 20'40"W, 103.34 feet; THENCE N 30' sr 24"W, 369.21 feet to the POINT OF BEGINNING and containing 18.44 acres of land, more or less, i ea i 49. C+ is EXHIBIT D s PAGE 2 OF 2 LEGAL DESCRIPTION TRACT 4 BEING a tract of land situated In the Berry Merchant Survey,Abstract No. 800,and In the AH. Ssrrtn Survey,Abstract No, 5198,City of Denton, Denton County,Texas, and being a portion of that 441.76 acre tract of land described In a deed to Tlmberglen Company, and recorded In Denton County Clerk's File No. 95-RD079950 of the Real Property Records of Denton County, Texas, said tract being more particularly described by metes and bounds as follows; COMMENCING at a 518 inch Iron rod found In concrete In the 25.3531 acre tract of land described In deed to Mil Partnership,Ltd., recorded In Denton County Clark's File No. 97-R0085488 of the Real Property Records of Denton County,Texas for the southwest comer of Oakmont Drive(80 foot right-of- way)as dedicated to the City of Corinth, Texas and for Me southerly most northwest corner of the 52.6023 acre tract of land described in deed to HlllwoodlOakmont, Ltd„ recorded in Denton County Clerk's Fie No. 95-R0078160 of thm Real Property Records of Denton County,Texas; THENCE lea-•ing said Oakrnont Drive with the common nne of the sold 25,3631 acre tract and the 52.6023 sere tract, S 024 48' 1140 W, a distance of 622.79 feet to a 6/8 Inch Iron rod found for southwest comer or Ore 52.8023 acre tract; THENCE with the south line of the said 63,6023 acre Iraot,3 88' 041320 F.a distance of 27.87 foot to a I inch Iron rod found at a fence post for an ell comer of the before mentioned 441.7820 acre tract; THENCE with the east line of the add 441.7629 acre tract, S 02. 41'28"W,a dlafJnoe of 964.68 feet to a far comer in the centerfine of the City of Denton Floctricat Transmission Line; THENCE with the sold centorine, S 41.49'27"W. a distance of 982.21 feet; THENCE N 75. 46'WO W, 888.47 feet; THENCE N 80. 15' 384 W. 327.15 fo,*to the POINT OF BEGINNING; I THENCE N Boa 15' 38"W, 343.50 feet; THENCE N 81' 061464 W, 301.02 feet; THENCE N 09' 68'230 W, 109.67 foot; " THENCE N 11. 04'33" E. 95.57 feet; THENCE N 466 321451 E, 102.34 feet; THENCE N 14, 161304 E, 214.60 feet; THENCE N 18' 60'30"E, 288.00 feet; THENCE S 84' 641060 6,417.66 feet; THENCE 804' 46-46-W, 815.08 feet to the POINT OF BEOINNING and containing 10.82 acme Of land, ")4�9 4(141ir Y 50. V , I c I I I I I EXHIBIT E uw ur kmm , .. . .... !. zl Al IJ,t,,,.• hi, u. r 771ACZ •Iamb a , � Al oo 11 i 1 .11 T 11ff t rin. °® � •��1 "� ""'arm'•• � . ibis• .,: �Y.. fIIAi't I A Soo .plq• R r A, E j 1I I L�1 .�•�,� .��w.rswrawrlw lr w's AM Iff MATO 1Y NOR PJAMU .'l lr hV IIY 11�1"�'i•h ll.�hh �� I �1r VMIM r AGENDA 1NFORAIATIONSHEET >4W4ANo �iw*"MR Dam AGENDA DATE: Much 2, 1999 DEPARTMENT: Planning Department CAI/DCAI/ACM: Rick Svehla, 349.7715 N SUBJECT—Z-98-0% (I ighway 377 and Bonnie Brae) Hold a public hearing and consider a request to rezone 5.014 acres from an Agricultural (A) zoning district to a General Retail with Conditions (GR(c)) zoning district. The property is legally described as 5.014 acres in the lames Severe Survey (Abstract 1164). It is located on the east side of Highway 377, north of the Hills of Argyle subdivision. The Planning and Zoning Commission recommended approval(5-2)with conditions. BACKGROUND The applicant has requested to rezone this property for probable resale and fu:ure development. The property is located between a portion of the ETJ to the north, and the Hills of Argyle subdivision to the south which is zoned Agricultural(A). A one (1)-story frame residence exists :m the properly as well as a small well house. The residence appears to have been unoccupied for -rite some time as it is in a dilapidated condition. Otherwise, the property is undeveloped. The propo.d zoning is consistent with some of the policies of the 1988 Denton Development Plan (DDP) as applicable and many of the 1998 Denton Plan (DP) Policies (see Attachment I— Comprehensive Plan Analysis section). Two (2) properly owners were notified of the zoning request, One (1) response has been received In favor of the request, No other responses were received. The majority of the subject properly was annexed and classified as an Agricul• tral (A) zoning district and land use classification by Ordinance 69.40 on December 23, 1969. The remaining portion of the property (the lower southeast portion) was annexed and classified as an Agricultural (A) toning district and land use classification by Ordinance 97.130 on May 6, 1997. NOTE; A clarification needs to be made regarding the data on Road Capacity in the Planning and Zoning Report (Attachment 1, page 9, letter C), Although, according to the Texas Department or Transportation, the recommended tolerable flow for this section of Highway 377 is 5300 trips per day,other factors should be considered when evaluating this data. • The road does have wide shoulders on either side which do allow for it higher trip generation to remain at a tolerable flow level. 0 According to Engineering, as development occurs, a reclassification of this road fom a rural highway to an urban street will occur, This will trigger a reduction in speed limits as well as other traffic improvements. This reduction in speed limits will create a situation where a higher trip generation will also continue to allow for a tolerable flow level. Once reclassified, the recommended tolerable flow for a 2-lane urban street is 9100 trips per day. PRIOR ACTION/REVIEW December 1, 1998-Zoning application filed. January 27, 1999.The Planning and Zoning Commission recommended approval (3.2) with conditions. 1, r r, ESTIMATED SCHEDUI EOF PROJECT If approved,this will be the final action for this zoning case prior to platting. FISCAL INFORMATIO 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. RECOMMENDATION'S 1 During the Planning and Zoning Commission's discussion of the proposal, a number of concerns were raised. 4 One: A discussion concerning the list of prohibited uses as submitted by the applicant. After lengthy debate and discussing options with the applicant, it was agreed upon to add an additional three(3) uses to the list. These uses areas follows: Dance Hall or Night Club On Premise Sale of Beer and/or Wine Licensed Private Club. • Two; The one(1) response received from surrounding property owners requested that all exterior materials on all building facades be restricted to masonry materials(see Attachment 3). The applicant agreed to this as a condition. 4 Three: A concern was raised with regard to the policy in the 1988 DDP that provides for access to Neighborhood Service Centers(see Attachment 4-page 29,letter e.,number 1). Although the policy does provide for a node of five (3)acres to have direct access to a freeway, staff did not determine this to be a reason to recommend denial due to the fact that the Denton Mobility Plan does provide for the extension of Loop 288 to eud just to the north of the subject property. Also,the proposed development does not violate the general policy of intensity allocation. The Planning and Zoning Commission recommended approval (3.2) of this zoning request on January 27, 1999,as recommended by staff with the following conditions: I. Exterior materials on all building facades are restricted to masonry materials. 2. All exterior storage is to be contained within a "sight obscuring" fence that is it minimum of six (6) feet in height, 3. Side yards adjacent to a street will be a minimum of twenty (20) feet with a canopy tree every fdleen (13) feet and Iwo(1)understory trees per one (1)canopy tree. 4. A rear yard dividing the district from any residential districts will be a minimum of twenty (20) feel with a canopy tree every fiRccn (IS) feet and two (2) understory trees per one (1) canopy tree. 3, Maximum height of alt structures is Iwo(2)stories, except as follows: Cooling towers, roof gables, chimneys and vent slacks may extend for additional height not to exceed thirty-five (33)feet above the average grade line of the building. 6. Floor-to-Area is limited to.23.1, translating into a maximum buildout of 34,602 square feet. 7. Lighting on the property shall be designed and maintained so as not to shine or otherwise disturb, surrounding resldmtial property or to shine and project upward to prevent the diffusion into the nlghl sky. 2, c+ u i 8. Certain uses are prohibited (as per applicant's request) In order to be consistent with a Neighborhood Service Center and to address surrounding property owners concems. Those prohibited uses are as follows: Halfway House Home for Care of Alcoholic,Narcotic or Psychiatric Patients Electrical Substation Electrical Transmission line Gas Transmssion Line and Metering Station Radlo/aad or Television Microwave tower Sewage Pumping Station Sexually Orientated Business Auto Laundry Auto Sales and Repair(in Building) Gasoline Service Station New Auto Parts Sales Stores Private Utility Shop or Storage yard Sewage Treatment Plant Water Treatment Plant Dance Hall or Night Club On Premise Sale of Beer and/or Wine Licensed Private Club OPTIONS 1, Approve as submitted. 2. Approve with conditions 3. Deny, 4. Postpone consideration. 5. Table item. ATTACHMENTS L Planning and Zoning Commission Report, January 27, 1999 (2.98-060). 2. Planning and Zoning Commission minutes from January 27, 1999. 3. Property Owner Response. 4. Exerts from 1988 DDP, pages 27.29. S. Drall Ord Inance. 6. Photographs. , Respcctflrlly eubm' Director of Planning and Development r Prepared by: seen Planner [ 3. ATTACHMENT 1 Agenda Item PLANNING AND ZONING COMMISS106EM STAFF REPORT Sub)ect: Hwy 377 and Bonnie Brae Case Number: Z-96-060 Mjff: Kathryn Nilsson, Planner I Agenda Die: January 27, 1999 F, �y Hold a publlc hearing and consider making a recommendation to the City Council concerning tho rezoning of 5.014 acres from an Agricultural (A) zoning district to a General Retall with conditions (GR) zoning district. The Intention is to allow for retail development. i ' ll SITE .� tit t17 I 1 q �o LOCATION MAP Locatlon: East side of Highway 377 to the north of the Hills of Argyle subdivision. Size: 5.014 acres ro Owe 1. i i MOM Applicant: Jerald D. Yensan Owner: Lan B. Jefferles Landmark Surveyor P.O. Box 610293 42381-35 North Dallas, Texas 76261 Denton, Texas 76207 Section 35-7 of fhe Code of Ordinances outlines the rules ofprocedures foramendments to a zoning boundary or distrlct. in general, any person having proprietary Interest In any property may petition city council for a change or amendment to the provisions of the Zoning Ordinance, or the Planning and Zoning Commission may on Its own motion or on request from the City Council Institute study and proposal for changes and amendments In the public Interest. The applicant Is requesting a 'General Retail" (GR)zoning district classification for this 6.014 acre property. The proposal Is to allow for future development of a General Retail district. The applicant has specifically requested this zoning change be made'with conditions"to ensure consistency with surrounding land uses (sea Enclosure 1). i Other Considerations; On May 12, 1998, Ordinance 98.130 was approved. This ordinance allowed a 3.491 acre property i (known as Lance Roberts, Z98-002)to be rezoned from an Agricultural (A) >,%nhg district classification to a Commercial (C) zoning classification, This site Is approximately one-half(.6) mile south of the subject property on the east side of Highway 377,just to the north of Hamilton Road (see Enclosure 2). There were conditicny placed upon this zoning district that, In order to remain consistent with the surrounding land uses, should be duplicated here. 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (01013) 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 commercial/retell centers spacQd at about % mile Intervals with direct access 10 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 in order to balance land use with road capacity. Staff finds the proposed development to be consistent with the policles of the 1988 Di but Inconsistent with the trip intensity standards of the 1988 DDP. rdcname I 5. i u I Thri tFble below provides a summary of the 5988 Denton Devetopment Plan policies applicable to this project: Denton Development Plan Pal icy Analysis Summary _ Low Intensity Are Development Rating vs. Policy j slgnikantly Somewhat i _ POLICY COMMENTS Inconsistent Inconsistent caruststent Intent, These areas represent primary White the request Is kconsfstent In housing areas wfW the dry. representing a primary housing area,the request Is very consistent with the Neighborhood Service center. X j Intensity. To be consistent IAN the Allowed Intrslty a 60 tnpseM Plan,a development should not exceed its Allocated intensity-300 trlps/slte allocated Intensty. A reduction In the Floor-to-Ares ratio (FAR.)would reduce the trip generation In sudh a way to allow the overan trip generation WVn INS Intensity area to _ r maln whder 10o%allocation. X Site Plan Control. Strict pro" General Retail does not requee site pan development conbot within 1,600 Feet of ravlew. However,approval with edsting tow den, v residential areas. conditions would serve to satisfy certain k:esaable comrn& i X TraMc Design, Access should be This ete has direct access to Kloway.477 provided to enure that nxh-family or which is a primary major arterial. There non-residential uses have access to Is no direct access through residential cdlectom or larger artertals with no dvect sOreets. access through residential streets. X Open Spare. Suftent green space, hither than cat-site landscaping,this recreational facilities and dNerslty of parks prowsbn does not apply. are prvvlded. N/A rubilc F arttclpatlon. Input Into Apptant has met prt atay with the iI planning by neighborhood assodav"s and surrwhding property owners for their { couclis Is encouraged. Indhrldual Input X fE ' Land Use Clve Cty, Non-resdental and Request is consistent with a multi-famly developrnent Is encouraged to Neighborhood ServIce Center. a limited degree. X hlanufactured Housing. Th1s form or Not applkable. single-ramlly housing may be compatible with developn ents In the low InterWy \I areas subject to arditons. N/A Strip Commercial. A,ny form d The request h roe a General Reta0 toning tonbnuour-&rip commercial Is strongly disbkt No specific requests have been cfscourag% Jor near low intensity areas, submitted as to the Mure plans Nor the property OW than to apply co don; that art consistent with the surrounding land uses. X I E ,'r fi/errarr e 6. IlL n 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP)is to be used In conjunction with the 1988 Denton Development Plan In evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed development to be consistent with the policies of the 1998 DP. The table below provides a summary of the 1998 Denton Plan Policies applicable to this project: Denton Plan Policy Analysis Summary Development Rating vs. Policy CATAGORY POLICY tncon9stent consistent Transportation. Compliments Dentons Long-Range Thoroughfare Plan._ '' x Promotes Access Management Practices Aw Dptimi:es Operations For emergency service providers and otter publk service providers. 1' x Promotes pudic transportation system. Contntwtes to the Denton Trails network ,v Storm water Drainage. Protects 100-year fkodplain areas In accordance with Denton's watershed management piers. x Conforms to local subdivision regulations, x Contrltx.rtes to regional detention fadflt:es. Provides for natural riparian environment alone lloodplaln. Upgrades ealstrq substandard drainage systems as Infirl and redevelopment Occur. Water and Develops and malntalns property and private ` Wastewater. Infrastructure. creates opportunity or oversiting water and wastr.ra; fines to meet future development demands. _ .. x Provides review of water end wastewater r proposed fy Infrastructure to lnsure public safety and health. ?'d X Promotes Inrin Improvements over new line extensions. x Electric. Provides underground electric service for new w0dential n' I development +. x d and nonres e to Solid Waste. Promotes efficient access to as development for SOM r. w INe l'.: x waste service<e de ry, Parks and Recreatlan. Locates parks and recreation facilities in accordance with the Parks end Recreation Strategic Plan. a : Enhances parks and recreation epporturattes for re0denLt Preserves Aoodplain for parks and open space to ald in foodpla3n conservation efforts, u x Mow%comblNng of parks with oche public fadlides to achieve cost-effective denvery or putAc seryices. Resider i development should dedate land or fees In r, lieu of land for neighborhood parks. Environmental Quality. Promotes preserviii of natural resources. -r x r " integrates erwlronmentai protection wain eoenomk ` growth and conmuNty development, x i ` Frknsme 7 . E U 1996 Denton Plan Policies Analysis (continued) Denton Plan Policy Analysis Summary Development Rating vs. Pocky Nok CATAGORY POLICY tnconsstent Acab a eaWdent Nelghborhoods. Provides access to pubak and cor murdy fbMes far residential ndphbwtmds. x t Encourages a mtAure of land uses that benefit resident. X Proleds and preserves existing negMart gods, x Pronotes bi[yd!and pedestrian traflk wiWn and between neighborhoods to reMxe vehkvdar trips x Mousing. Provides a tinge of lousing types out appeal to dlff ft etonortle and"WOM uai lifr0.yks offers a varkty of single-, v4y lot sites,W Wng s(tes, and"nnges, f Preserves OdOng housing,kdudng afladabte housing. lnatases WO hmxNq construction. Eoonarnk Contnbub"to a strong and aversllkd bat ecanany by 1Nv&Wftr Adon. naeasing emplaMw t and e,raarding the tax base. x GovammanE n rb W mordlnallon b"me x E urban Design. Addresses oowvAy appearance In a coweheratve manner. x Merslfles andrltecdiral apparw a 00A ew*v-*nt Nelghbortaod ka development should be compatUd , with existing land uses and buNdings. Protects and preserves Denton's architech al,oA ral and Nstarlal resorces. r Enhances the appearance along ma)or entranceways. x Promotes the preseivatbn of trees and landscaping. x Public involvement Provides an opporbmity for PW-C opinion duAng the planning procm x I I x Rknarne B. 1 1 �I � I i a 1. Transportation A. Trip generation Table 1. Proposed Land Use Trip Generation Land Use :40.67 erage Trip Total Trip Maximum Buildout eration Per Generation General Retail trips11,000 3553 67,363 square feet total T Allowed Trip Generation 5.014 acres 300 f3 trips/acre Difference 3253 984% above allowed trips N(culatlons proYfd—* 6y tha InatItwa o Tnmpmtat on Englnnn,1991. The above table calculates the maximum allowed the total buildout of the area could be with standard allowances. Section 35-123 of the Code of Ordinances does allow conditions on Floor- to-Area ratio. Therefore, In order to reduce the number of trips generated,a .25•to 1 Floor-to-Area ratio Is recommended. This F.A.R. would limit the total of square feet of floor area per acre to a maximum of 10,690 or a maximum buildout of 54,602 square feet. This would reduce the total trips generated to 2220—300 = 1920 which Is 540% above allowed trips. Since Intensity Area 0 � 96 has 7176 unallocated trips,the overall trip generation would remain under 100%allocation, B. Access l The property has access to Highway 377. i C. Road Capacity Highway 377 Is identified as a primary major arterial road by the 1998 Denton Mobility Plan. This road Is designed to be a six (6) lane divided street without parking, providing six (6) fines of through traffic. As such, its designed traffic capacity allows for a tolerable traffic flow of up to 27,900 trips per day. However, Highway 377 Is ggLr ,tly constructed with two (2) lanes without parking It is plassifed as having a tolerable flow at 5300 trips per day. A traffic count for Highway 377 as provided by the 1997 Traffic Count report Indicates a traffic count of 5,687 trips per 24 hour period. if the rezoning was approved and the end result would create a significant Impact on the road conditions, then significant public Improvements of the road would be required. i D. Pedestrian Linkages Sidewalks along all public streets are required. 1 ' flknamt j 9. 2. Utilities This site currently does not have water and sanitary sewer lines available to it (see Enclosure 3). Water: The City of Denton has plans to extend the Minch waterline along Highway 377 to the bills of Argyle development. Currently, the City Is in tho process of selecting a consultant and estimates at least one year for design and construction. Wastewater: Per Section 34.110 of the Code of Ordinances, It may be possible to construct alternate sewer facilities. However, historically most ornmercial ventures are not handled well by these alternate facilities. Therefore, depending on the use, any alternate system would hove to be approved subject to the use. Fire: Fire hydrants shall be required at a maximum of throe hundred (300)feet apart. 3. Drainage and Topography New developmen!will be required to design and construct a drainage system to city standarJs, A preliminary drainage study will be required with the submission of a preliminary plat The study must include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property. The developer must indicate the mPthou by which the run- off will be carried across the property or stored on the property. j 4. Signs New development must comply with the sign ordinance. 1 5. OffStroet Parking New development must prov;de parking according to the regulations of Chapter 35 (35-301)of the Code of Ordinances. S. Landscaping This property will have to comply with the new Landscape Code,which requires fifteen(15)trees per acre and twjnty (20)percent of all surfaces to remaln pervious (plantable area). 7. Lighting Lighting shoud be addressed to prevent Intrusion Into surrounding properties. Prlen,mr 10. c December 23, 1969—The majority of the subject property was officially annexed and classified as Agricultural (A)zoning district and land use classification by Ordinance 69-40. j May 6, 1997 — In addition, the remaining portion of the property (the lower southeast portion)was I officially annexed and classified as Agricultural (A) zoning district and land use classification by + Ordinance 97.130 (see Enclosure 4). The subject property Is not platted and would need to be platted prior to any development. i 1) Notice of the zoning request was published In the Denton Reoord-Chronlcle on January 17, 1999. 2) Two (2) property owners were notified by mail of the zoning request on January 14, 1999. (see Enclosure 5). As of this writing, there have been zero responses. 3) Informational signs were pc Aed at the subject property on January 14, 1999. The applicant was asked if ho would like to participate in a Neighborhood meeting. The applicant indicated that, prior to submitting the application,the owner of the property had discussed the proposed zoning change with the surrounding property owners. During that meeting,one property owner Indicated what he would object to of the permitted uses. The applicant has removed any objectionable uses from this application. In addition, the applicant requested a copy of the completed staff report be made available prior to the P& 2 meeting date in order to allow the owner additional conferencing with the surrounding property owners, This staff resort was made available on January 22, 1999, The 1988 Denton Development Plan provides for the following: Low density residential, small scattered sites of apartments, and non-residential uses are encouraged in all areas of the City subject to the following limitations: 1) Strict site clan control within 1600 feet of existing low residential areas. Development must maintain fie character of the area with architectural design and landscaping." By placing conditions on materials used, lighting, landscaping, screening, F.A.R., helghl, and minimum setbacks, the strict site plan control requirement 1s met. 2) Traffic design to ensure that non-residential uses have access to collectors or larger arterials with no direct access through residential streets. The subject property has direct access to a primary major arterial with no direct access to a residential street. As previously mentioned, If the land use created a significant impact on road conditions, then public Improvements of the road would be required. 3) The overall intensity standard Is not violated. The reduction in the F.A.R. would ensure the filename II. j overall Intensity of the area remains w.hln acceptable levels. 4) The Plan also provides for Neighborhood Service Centers that are small nodes of nonresidential development intended to offer mainly convenience goods and services at the neighborhood level. These nodes should be at least one-half(.5) miles from any other non- residential or retail center and can vary from two(2)to five(5)acres. Although a five(5) acre site generally should have a more direct access to a freeway, the subject property Is located In such a place that the major primary arterial Is adequate. This Is based on the fact that there is very little existing commercial or retail activity In the area and that the overall intensity level Is not compromised. In regards to the Denton Development Plan Policies this rezoning would, among others, 1) Provide an efficient use of public services due to the fact that the subject property is in the path of future upgrading of city services. 2) Ensure protection of the stormwater drainage system as the subject property Is determined to be outside the 500-year floodplain. 4 3) Provides for minimal adverse environmental Impacts as the subject property was once used as a farm-type residence, therefore, any adverse Impacts already exist. 4) The surrounding neighborhood is aware of the type of development to expect on the site and that efforts were Trade to ensure consistency with surrounding land uses. 5) Creates a 'controlled buffer" between the residential homes to the south, and the land uses in the ETJ to the north. ' 1 I I Staff reel r.imends approval of Z-98-060 with the following conditions: 1. That certain uses be prohibited (as per applicant's request) in order to be consistent with a Neighborhood Service Center and to address surrounding property owners concerns (see Enclosure 6). 2. Exterior materials on all building facades facing public streets are restricted to masonry materials. 3. All exterior storage Is to be contained within a "sight ob.,..uring"fenc9 that is a minimum of six(6) feet in height. 4. Side yards adjacent to a street will be a minimum of twenty(20)feet with a canopy tree every fifteen (15) feel and two (2) understory trees per one (1) canopy tree. \ 5. A rear yard dividing the district from any residential districts will be a minimum of twenty(20) feet with a canopy tree every fifteen (15) feet and two(2)understory trees per one(1) canopy true. C. Maximum height of all structures is two(2)stories, except as follows: Cooling towers, roof gables, chimneys and vent stacks may extend for additional height not to exceed thirty-five (35) feet above the average grade line of the building. 7. Lighting on the property shall be designed end maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion Into the night sky. 8, Floor-to-Area is limited to .25.1, translating into a maximum bu::dout of 54,602 square feet. , i ..J I move to recommend approval of Z-98-060 with the conditions as outlined by staff. irlerwme 12 . c� c+ 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial 4. Postpone oonsideration. S. Table item. : r 1. Zoning Map. 2. Vicinity Map. 3. Utility Map. 4. Annexation Map 6. 200'Property Owner Notification Map. 6. List of Prohibited Uses. 1 1 I I 3 R/marne 13. r c _ I I ENCLOSURE I Z-98-060 (Highway 377 and Bonnie Brae) NORTH FF k,Ve a i I rti �fAl ��I. s�w PD 139 A SITE ` ►D 13! � t"�a[ '�� A HILLS OF ARGYLE CAM on" f' Z-98-002 ,, A ALLARD RD ETJ K ► i g;. A i ', � i •. rf � ,� phi ,'i't M . / RDT 14 �r ZONING MAP Agenda Date: January 27, 1999 Scale: None 14. r I I a � ' I r ' , Tr ETJ ` 1111 � Ilk i INLJ t�► i' +yrnc p r• I i I i • w i i i li ENCLOSURE 3 4 NORTH Z•98.060 (Highway 377 and Bonnle Brae) q� t P t!F • r L }� j' r a SITE •far '� r HILLS OF g ARGYLE SUBDIVISION ID CA iDLN • .. ,�, EXISTING UTILITIES MAP • Hydrants -- --- Water Line (W. L.) -- • • — Sewer Line (S. L.) `f r Agenda Date: January 27, 5999 Scale: None 16. ENCLOSURE 4 Dlsonnexation Disonnexation '.One) •"'••• ( ::.;; .. ::. ;'r:• 1 D Dedee . . . . . . . ' . . . . . . . . . . . . . . . . . .•.•.•.'.•. . . . . .. '. .'.'.' . . .'.'. . . . . �� .... . .•.'.'.•,'.•, .•. .'. . . . . . . . I . . . . . A n n.e�taai:o'r�. :T,r. J' `DOS;;,;,;,;,;,;;;,;;;,;,;,;,;,;;;,; ; ;'; ;:;.;.;;; .;1 , ; ,f. ,,. ' ,.,;:,.;. .,. . . , . . . . . . . , v -' 114; P 731. . . . . . . . . • 'bA r./oon .*tole$.• , . . . .•. . . . . . . . . . . . . . . . '� � . . . . . . . . . . . . r 1° = 600' Brush Creek Road 1-31-1997 17 . t { I i i ENCLOSURE 5 NdRTH � Z-98-060 (Highway 377 and Bonnie Brae) '4��/ r ".` 4 . . � �"7 yr' 1,� A ry n` , •� � 200 FOOT OFFER 4 500 FOOT BU R SITE a rtau of 5 Oil, ARGYLE SUBDMSIGN } w � CAM DEN + S +C S Z-98-002 ALLRED RD • • x }� KA • aF �r('1 �' a S'3t(d� + 200 - 500 FOOT NOTICE MAP Agenea Date: January 21, 4999 Scale: None 1B. r' ENCLOSURE 6 List of Prohihrtee, Uses a9 Requested by Applicant for Z-98-060 Halfway House Home for Care of Alcoholic, Narcotic or Psychiatric Patients Electrical Substation Electrical Transmission Line Gas Transm(ssi')n Line and Metering Station Radioland or Television Microwave tower Sewage Pumping Station Sexually Orientated Business Auto Laundry Auto Sales end Repair(IN BUILDING) Gasollne Service Station New Auto Parts Sales Stores ' Private Utility Shop or Storage yard Sewage Treatment Plant Water Treatmei pt Plant i ' r JI 19. I �I �I I ATTACHMENT 2 Page 5 Page 7 1 Motion carries unanimously. 1 applicant is requesting agricultural zoning be charrgr`d to +; 2 Commissionern,Item 3 has been pulled. So 2 general retail with conditions. Other consideratio is 3 we'll move along to the public he-ring,which full 3 regardind this,in 1998 --May of 1998,another c rdinance 4 involves zoning change. And if we could ha",a staff 4 in that general area known as Lance Roberts,Z-4-002,was (l 5 member to put up our procedure. We do like to review our S also rezoned from agricultural to It commercial district 6 procedure for public hearings with those who are present, 6 with conditions. This site is approximately oev,•half mile 7 end we have that on the overhead to your left. 7 tooth of the et bj cI property. And there are conditions a First,l will open the public hearing. 8 placed on this zoning district that in order to be 9 Following that-•and by th• way,administrative note, 9 consistent with surrounding land ose should be duplicated to bear with us. This thing continually does this all to here. I1 evening. it will flash on and off,so I guess it is to I t in the comprehensive plan analysis,I find 12 koep us on our toes. I'm not sure 12 that the proposed development is c insistent with the 1988 13 The staff will read the petition,give us a 11 DoP but inconslstcat with the Inter sity trip standards. 14 reporr,and make its recommendation Following that,the 14 In regards to that,in the intensity t i be consistent with I$ petitioner will be gnnted ten minutes to speak regarding 15 the plan,a development should not exceed Its allocated 16 thew petition. Alta that,persons in favor of the 16 Intensity. However,reduction of moor-ro-area ratio 17 petition wtili each be treated five minutes to speak. 17 would reduce the trip generation in such a way to allow IS Following that,persons In opposition to the petition will 18 the overall trip generation within this intensity area to 19 be granted to speak. And,at that time, the petitioner 19 remain under I00•PercettI 11110C111,101 1. 20 will be allowed an additional five minutes to speak In 20 Also, in site-plan control,arict property 21 rebuttal, At that point,No. 7,1 will close the public 21 development control within 1600 het of existiq 22 hearing,and we will hear any final staff remarks or 22 low-density residential areas as mgidmd. And general 23 questions we may have of staff Commissioners will 23 retail does not require a site-plan meiew;however, 24 discuss the petition and make their decision. 24 approval with conditions would serve to latiafy certain 25 And a couple of administrative notes, First, 25 foreseeable concerns. Staff does find the proposed Page 6 `Y Page 8 I any speaker may be allowed additional time to speak by a l development to be consistent with the 1998 Denton Plan 2 vote of three members of the Commission. And each 2 Policies. 3 speak-•, we would ask,concern himself or herself with 3 In regards to transportation,as mentioned 4 presenting new information not given by previous speakers 4 before,the proposed lard use trip generation Is above the 5 And,finally,Commissioners may at any time ask questions 5 allowed trip. So,however,a reductlon in the 6 of anyone and call on the staff rat any time and may 6 floor-to-area ratio would limit the total amount of square 7 adjourn to closed session m allowed by law. 7 foci allowed per acre;therefore,It's recommended that a e All right Item No. 4 this evening is to hold 9 25 to I fl,ror-to-area ratio Is made as 2 condition which 9 a public hearing and consider making a recommendation to 9 would reduce the total maximum build out to$4,602 square 1 to the City Council concerning the rerouing of 5 014 acres to fat. Since the intensity area 96,which this properly I I from agricultural zM::ng district to a general retail with I1 fills in,has 7,176 unallocated trips,the overall trip 12 conditions'mnihe district. The property is located on 12 generation would remain under 100-percent allocation. 13 the cast side of Highs ay 377 to the north of the Ilills of 13 The property falls&bang 377 which Is a 14 Argyle subdivision It Is legally described as being 14 primary major arterial road. It's classified now a 15 S 014 acres in the lames Severe Survey. The purpose of IS having it tolerable now at 5,300 trips Per day. Traffic 16 the yoning change Is to atlow for retail development, 16 count for 1997 fndirstes 5,687 trips per day per 24-how 17 And Ms Kathryn Nilsen from the planning 17 period, If this rezoning was approved and the end result 18 department will provide the staff presentation. I8 would note significant impact on the rood conditions, r 19 M5.NTI-55 4: Thank you, Mr.Chatr, 19 then public Improvements would be required. 20 Commissioners flood evening. 20 The sett currently does not have water and 21 MA tNaeteaPCHT: WCicome. 21 sanitary sewer lines available to it. The City,however, 22 ms 1,7ussm.4: Thank you. As mentioned,this 22 does have plans t3 extend a 16-inch water tine down along 13 property Is located on the cast side of 377,just down •• 23 Highway 77,and they estimate me yew for design and 24 jwt north of the l lills of Argyle subdivlslon. It Is 24 construction. Also,it Is possible to construct altemaIC 25 consisted of 5 014 acres And as mentiorA the 25 sewer fatilitier;however,it would have to moat certain PLANNING & ZONING} JANUARY 27, 1999 Page 5. Page 9 20, I J CondenseItltaa I Page 9 Page 1 l I I t iteria in the code of ordinances, Therefore,to t made to insure consistency with surrounding land uses; 2 construct an altemate system would have to be approved 2 and,Lve,create°controlled buffer betty M the 3 according to the use. 3 residential homes to the south and the laid uses in the 4 Notice of the zoning request was published in 4 E ri to the north. S the Denton Record Chronlcle on January 17th, 1999, Two S Therefore,staff would recommend approval of 6 property owners were notified. As of this writing,there 6 this rezoning with the following conditions: One,that 7 were zero responses; however, I did pass out a response 7 certain uses be prohibited as per applicant's request in 6 that I did receive today by fax. The applicant was asked 8 order to be consistent with the neighborhood service 9 if hc'd like to participate in a neighborhood meetir;. 9 center and to address surrounding property ownem' 10 And since there were few property owners around,be 10 concerns;two,exterior materials and all building facades I i elected to meet with him pri vately and asked that the 11 facing public stints are restricted to masonry materials; 12 staff report be made available prior to this mooting, and 12 three,all exterior storage is to be contained within the I3 that was done on January 22nd. 13 site obscuring fence, 'llicre'a a minlmum of six feet in 14 11c analysis of this property is as follows: 14 height; four, side yards adjacent to a stroel will be a 15 The 1988 Denton Plan Development provides for the I S minimum or 20 fact with a canopy tree every 15 fat and 16 following One, strict aitc-plan control within 1,600 16 two under-story trots per one canopy tree-,five,a rear 17 foot or existing low-resldcntial areas Sy placing 17 yard dividing the district from any residential districts B conditions on materials used, lighting,landscaping, l8 would be a minimum of 20 feet with a canopy tree—did 1 19 screening, FAR,height,and minimum setbacks,the strict 19 just read that? Sorry. No,l didn't, I'm sorry. I'm 20 site-plan control requirement would be W,, two,traffic 20 okay. •• with a canopy tree every 25 Net and two 21 designed to ensure that nonresidential uses have access to 21 under-story trees per one canopy tree; six,maximum height 22 collectors or larger arterials with no direct access 22 of all structures is two stories except a follows: 2) through tcsidential struts The subject property has 23 cooling towers,roof gables,chimneys, and vent stacks may 24 direct access to a primary major arterial with no direct 24 extend for additional height not to exceed 35 feet above 25 access to a residential street;three,the overall 25 the average grade line of the building;seven,lighting on Page 10 Page 12 1 intensity standard is not violated The reduction In the I the property shall be designed and maintalned so u not 2 FAR would hisure the overall Intensity remains within 2 to shine or otherwise disturb surrounding residential 3 acceptable levels; four,the plan also provides for 3 property or to shine and project upward to prevent the 4 neighborhood service centers that we small nodes or 4 diffusion of the night sky,and,eight,floor-to-area is S nonresidential development intended to offs mainly S limited 25 to 1,translating Into a maximum build of 6 Convenience,goods,and services at the neighborhood 6 55,602 square fat. 7 level, These nodes should be at least one-half mile from 7 Ma ENGEtaRECHT, Does that conclude --okay. 8 any other nonrcildcntial or retail centers and carts try 8 Ms.NTt SEN: Yea 9 from two to five acres, 9 Mit ENGELBRECHT: All right, The eighth 10 In the plan,the general policy does call for 10 recommendation It a numerical error in what you read anted I I ■five-acre site,should have more access to a freeway. 11 what we have on our paper. So is there a change in that? 12 Dot considering the fact there's very limited commercial 12 You sold a firtyfive hundred,six,zero, taro,and we're 13 or general retail businesses down there,it should be 13 showing fifty-rout hundred, six, zero,two. Hu there 14 adequate In regards to the Denton Development Plan 14 been a change? IS politics,this rezoning would,among other things,provide 13 Ms.Nassm It's $4,602, I'm sorry, 1 must 16 an off cient use of public services due to the fact that 16 have read it wrong 17 the subject property is In the path of future upgrading of 17 MR.ENGELBRECHT: commissioners,other 18 City services to insure protection that the storm water I8 questions? , 19 drainage system,as the subject property,Is determined to 19 Ms. Gourdie. m, , 20 be outside of the 500-year flood plain;three,provides 10 Ms.OOURDIL Actually,Mr.Moreno had his ! \ 21 for minimal adverse environmental Impacts,as the subject 21 hand up first. 22 property was once used as a farm-type residence, 22 MIL ENOELBRECHT: Okay. Mr. Marano. 2) thercrore,any adverse Impacts already exist;four,the 23 MR.MORENO Yea, thank you, Kathryn. In our 24 surrounding neighborhood is aware of the type of 24 list of prohibited uses which Is•- or there is a list of 25 development to expect on the site,and then efforts were 23 prohibited uses in our backup,but f don't IN a list of _ I PLANNING& ZONINO JANUARY 27, 1999 Page 9 • Page 12 21 , Condt,-ntaeltl41 Page 13 Page is I permitted uses. Could you review those with tx for■ I Yes,Ms.Oourdie. `= 2 minute? 2 Ms.000RDIE: Welcome. My question Is is when 3 Ms.NtLssw. That would be everything that 3 we debated the 002 case we was talking about the spas 4 was on general retail in lieu of this. And I apologlze. 4 Issue,directed in No, 4 of your thing,about half a mile 7 l didn't bring a copy of what erectly is allowed in 3 between properties. 6 general retail with tine. 6 MS.N'ILS.". Right. I MR.ENGELEREC : i think Mr.Donaldson has 7 Ms.oousvE: Do you know what the distance Is 6 that here. 6 between 02 and 060,the two that we're talking about 9 MR.DONALDSON: t have that, and I will try to 9 right now? 10 quickly go through and do the subtraction hoe on the fly, 10 Ms.NIVAEN: It's approximately half a mile. I I Ms.NUSsEN: Not to interrupt,but 1 did make I I Actually,Iva closer to.6 of a mile. 12 a comparison of what uses were allowed in the commercial 12 Ms.oouRDtE: So what I'm wondering then,if 13 property to the south and what is here,if that would help 13 we put this In there,does that mean everyone else In 14 you as he was going through those. 14 between there is not going to be able to put In commercial I S MA MoRENo: i would just like to know what is 13 property? Is this the Idea that's beinL put forth? 16 permitvl on this particular site. 16 Ms.mwEN. Well, As it stands in your--in I,Ms.NTtssEN: Okay. 17 the 1988 plan,that's what it suggesta yet. 16 MR DONALOSOV: Okay. Under the gracid Is Ms.oovitmc: And how would you say that works 19 retail?one district allayed,permitted uses would include 19 with the new comprehensive plan in which we're discussing 20 art gallery or museum,church or rectory,college, 20 at this moment? 2I university,community center,day nursery,group homes-- 21 Ms.NTtssEN: The new comprehensive plan, 22 and we're getting into those that have born prohibited-- 22 well, if there's--the mobility plan,actually,is going 23 institutions of muss-3us or philanthropic nature, 23 to bring-- 24 library,monastery, nursing home,parka,all the schooN 24 Ms.GOURDIE: You tart pull that towards you. 23 community cent-et,Pre safety buildings, More exclusions, 25 M.t,NILS.SEN: Oh,I can? Page 14 Page 16 I private swimming pools,telephone-related stuff,indoor I Ms 00URDIE Yeah. 2 commercial amusement,country club,dens hall or 2 Ms.Nnssw: Okay. The mobility plan is 3 nightclub,golf eoura,park of playground,swim or tennis 3 actually going to bring a road tits way,so it's almost 4 club,th-,ater other than drive-in,some railroad uses. 4 going to hit dead on onto that site. 6 And it looks Iike we've excluded most of the 6 Ms,o0 j=a: To snake the Loop? 6 auto-- auto laundry k excluded,auto sales,repair. 6 Ms.NitssEN: Right. Yeah. Right at that 7 Auto painting and body repair would still be allowed. And 7 site,yeah. From a planning standpoint,ate of the ways 1 e then there's about a dozen of our--well,two down of 6 typical ly analyx things is while It may be a good site 9 our standard retail uses ranging from antique shops, 9 for this property,would It be better someplace else? And 10 bakery,cafeteria,dry cleaning,personal service, those 10 the surrounding property in the surrounding area,right I i typo of uses. The restaurant;retail sores;studio for I l now,I don't we any other good use for flat site. This 12 photograplic7,dhiaician,artist or health;animal clinic or 12 would be a good use for that site As far as what's around 13 hospital without outside runs;farm or ranch;greenhouse IS there and what's coming in. 14 or nursery;and that's it, 14 The ETI to the north it being used As a type 13 MR.MoRENo: flow About the i ile of beer and 15 of landfill. So to be Consistent with those policies and 16 wine? 16 the comprubcnsive p Ian,we are actually creating a I I MS, SILSS&v 1 don't think that was 17 controlled buffer between what's going on In the ETI to 16 restricted 16 the north and then residential hones to the south,which , 19 MR. BUCEK Let me be sure you're clear on 19 in my professional opinion,l think that Is very desirable 20 that Issue If it says it club,then under state law,they 20 for people who are going In and buying new property,that 21 can sell alcohol beverages unless they're within 300 fat 21 they know what's happening,and they also know that there 22 of a school, church,or hospital. 22 is something that Is between them and,perhaps, 23 MR.MORENO. Okay Thank you. 23 undesirable land uses. 24 MR.ENGELBRECHT: Commissioners,other 14 Alb,from an environmental Aandpolnt,sins 25 q"e6ions? 23 it has been used as s farm-type reaidena before,the fact PLANNING alt ZONING JANUARY A 1999 Pege 13• Page 16 11, I ICI II I I 1 condeaseltITM Par 17 Page 191 I there is an existing frame house right there on the comer I differences between what's at the commercial site. i 2 with a wellhouse,environmental imputs have already b m I Ms APPLE: But those are still permitted as 3 created. 1 mean,it's not like this is being put on raw 3 it stands now? 4 Iand. Wildlife corridors,I don't think this would make a 4 Ms Prlt•S W As it stand3 now. S good site for a wildlife habitat or a corridor. it, 3 Ms.APPLE: And then,t guess,on Mr.Myers' 6 basically,split --it's like a split between the landfill Ii list of the ones that he requested,he had Included auto 7 and the residential homes. And in front of it is the 7 part sales stares and auto sales and repair. And Mr, ' 8 railroad and extremely high railroad bank. 8 Donaldson said that auto painting and body repair were � 9 So there's very limited uses that would 9 still permitted use. So I'm woo Suing if he just missed 10 actually I o on that. So,actually,from a planning I that or maybe--1 don't know l'he's here or riot, Maybe I1 swtdpoint, it's a fairly decent proposal, I I he can address that if he is here. Those were to similar, 13 Ms.owsD1E' Thank you 12 and I was just wondering if maybe he•• 13 Ma.ENGELBItECHT: Other questions? I3 Ms.%atssEN: 1 couldn't answer for him. I'm 14 Ms. Apple,go ahead, 14 sorry. is Mx.APPLE: Yea. Could you expand a little 13 Ms.APPLE/ Thank you 16 bit on the:stement that although a five-acre site 16 MA ENGELBKECHT: Mr.Rishel? 17 genera"v should have more direct access to a freeway,the 1? MR kisHEL: Yeah. I was Just thinking, Can 18 subject property Is located in such a place that the major is we get it ctwi'Iation on that,Mark? Is,in fact,that 19 primary arterial is adequate based on the fad that there 19 auto parts and body repair which you said would be 20 is very Iinie existing commercial or retail activity In 20 included in the list of prohibited things that we have I2 the arcs? And maybe tell me a little bit about since 21 it says auto sales and repair,it says In-building, Tell 22 there 14 a commercially-mned site one-half mile from 21 me the distinction here 23 this, how that would play out. 23 Ma.DONALDSON: That's a separate land use line 24 Ms.NILSSEN: Well,accord' 4 to your 1988 24 on our matrix,and right above It is auto painting and M 13 plan,the general policy Is If it's five acres, it should 23 body repairs. Our zoning code differentiates between the Page 18 Page 20 1 be next to a freeway. And if it'a less than that••I 1 Iwo. Auto sales and repair in•ruilding would just man 2 think it was thrue acres or less •• it should be next to I that everything would be contained within a building. You I the primary an.rial. So that's,basically••you know, 3 wouldn't have an outdraw display of used can, for 4 I'm reading that as a general policy. N fad the 4 example. 3 commercial eAe that is 98002 is 3.S acres. And the S MR.tasneu I'm Just wandering if the••as 6 policy.Ays it should be throe acres next to obis type of 6 "put this together,we didn't overlook that. And that 7 road. So I may be,you know,going a little bit high on 7 was something that we would have wanted to include In that 8 that,but,again •- 8 because you had specifically sold In your r.rmments of 9 Ms.APPLE So the policy is that a five-acre 9 things that would be approved,silo paint attd body repair 10 site should be•• that is the policy? 10 would he something that would be allowed. And I'm Just I I Ms,smssEN. That's the policy as read,yet, I I thinking about the environmental paint fumes and things 12 =,am " ' • 12 like that that could come off of thpL 13 Ma,ENG£LBRECHT. Do you have other questions, 13 MR ENGELOWNT: l think that's a question we 14 Ms. Apple? 14 could ask the petitioner here in a moment IS Ms.APPLE: And so as this••Just one more. I3 Ms,APPLE; I If"1 Would have the same 16 As this stands now,the permitted uses which will be right 16 question about the dry cleaning,if that wc,a••I didn't 17 next to this neighborhood would be dance hall or tl bear if that was a retail facility where they're Just 18 nightclub,orf-premise sale of bar and/or wine, Is providing pick up and drop off or if that's an actual r 19 on-premise sale of beer and/or wine,or a lictnsed private 19 cleaning facility^ for the same reasons. 4 20 club 'chose are all still permitted? 20 M1t.ENGELBRECHT; There may be a difference in 11 M.4.sitsSEN Well,how this was presented Is 21 flue••I'm riot sure that the adtnl plant can operate ..e 22 the applicant presented the conditions that prohibited 12 under a general retail. 23 uses with his application. So I merely listed those 13 MR WNAWWN: Right, A laundry plant•• 24 prohibited uses as per his request,and then 1 made a 24 parenthetically,commercial Is not on allowed use in 23 comparison between their prohibited uses and the is general retail, PLANNINO& ZONMO JANUARY 27, 1999 Paige 17- Paige 20 23, t _ Conderselt1"' Page 21 Page 23 1 Mw E\OELBRECFft: I thought that•- 1 MR.BUCEK: if we have that,it does not 2 Ms,APPLE: And that's wiih dry cleaning•• 2 apply. 3 was just so.. 3 MR. tism. N'e hart that,and it does not 4 MR. DONALD".: Yeah. We would lntcmrct that 4 apply then? S to be the retail end of that. S MR BUCEK: Right. 6 Ms.APPLE: Okay, Thanks. 6 MR RISHEL: It should actually read 300 foot 7 MR RISHEL; And for Mr.Bucck,one of the 7 minimum? e things you had said when we were speaking regarding the a MR BUCEK: Right, 9 club stwtment was something about a 300-foa restriction. 9 MR RISHEL: Okay. 10 Is that a state thing? to MR I)UCEXI The concern on this whole issue is I I MR BUCEK Yea. What we're saying is you •- I I that Donlon is one of the few cities that has conditional 12 assuming the zoning allowed it--like,rot now,if you 12 zoning,you know,where you -- a lot of times you take 13 left this dance hall or night club and you left Iicensed 13 these different categories out, Normally,wbe4 occurs is 14 pr;vate club in,even though you left it in,it still 14 there's 30 things,okay? And what they're saying is if 1s can't be within 300 root of a hospital,school,church. is the nightclub is in those 30 things or the licensed club 16 Mt.RISHEL: And that's a state law? 16 Is in there,the s you can't discriminate against them 17 M L BUCEK, That's a state law. And so what 17 because they're going to sell alcohol there, ii occurs is,be state law just says that In your zoning 1s Tnere Is not a can en polnk where you have 19 category,you cannot discriminate against alcoholic 39 conditional zoning and you pull it out,say,okay,we're 20 beverage aks But the theory is,m you set the WnIng, 20 not going to let you have that private club because we 21 the use-- in other words, alcoholic beverages soles is 21 just think that's Inappropriate, We don't know if that 22 the secondary Use of the property, So as you're trying to 21 would be up%cld by the Supreme Court If looked at of not 23 determine what uses you want, that's a condition•-you 13 We just say that,normally,we leave that. And if the 24 can say 1 :tv this over here and you want it,but you can N applicant will voluntarily remove it,then you're okay. 13 make a condition that you want that out of there, 23 But if the applicant tells you he dacm't want that Page 22 Page 24 1 MR.115HEL: t was just reviewing our own l removed,then we're on new ground and we have to wait for 2 ordinances o:, alcohol sales just the other day,and I was 2 a court decision to tell us if we had the right to put 3 thinking that our ordinance read 200 root tnessurcd from 3 that condition if we're noving Ii. 4 port to port, And then I'm curious law this 300 foot is 4 MR. RISfin: Thank you,air. S measured. S MR.£NOEIaRECtr'r: Mr.Powell 6 MR.BUCEK•. it's from door to door. 6 COW',EL POWELL: Somebody mentioned a landfill 7 MR.iusnui Along the sidewalk and through 7 directly north of here, For the life c mo,I can't 9 the street and over the dale and•- 6 rcmomber a landfill out there. Iklp re out hero. 9 MR.BUCLK. Terrible definition,M I mean, 9 Ms.Nlissm Well,air,It's Iit to you can have two buildings that arc,tike, 130 foot apart to landfill-type. And this comes from the applicant just I I in a way,but •• I I telling me that talking to the gentixm that was to the 12 MA IUS1f t.! Most churches and parking lots 12 north of him who actually he b 4M this property from, 13 have •. I mean,churches and schools have parking lots 13 that he just quesCormod halm. At d be said,n%I don't 14 that are ISO to 200 W. 14 care what you do. And this is j oat from••this is just 13 MR. BUCEK Right. 15 what was told to rte 1 am dcirg••and I think it's more 16 MR, RISHEL: So I was curious 16 of dirt than anything else. But there 13 activity going 17 MR. BUCEK. It's not the property line. 10, 17 on then'. 1 if from the door of the church or the door of the school 16 CAPTAIN POWELL, It's not a landfill as In 19 where the entrance is to the door into the•- 19 dump-like landfall? 20 MR RISHEL U Okay. So I guess my question is: 20 Ms.mtssm No,air. No. No, No. 21 t'by does our •- how can our city code of 200 foot be more 21 CAPTAIN POWELL, Okay. Thank you. 22 lenient than the state code of 300 foot? 22 MR E maftECHT Other questions for staff? 23 MR BUCEK, The Cute law procmpts that 23 I would like to review momentarily your 24 MR, RISHEL: Okay, So our 200 root does 24 assessments on -• and 1 have to back up--page 3,due to 23 not-- 15 the assessment relative to the Denton Development Plan. PLANNING& ZONING JANUARY 27, 1999 Page 21 • Page 24 24 . Ot odense3tin" Page 25 Par 27 1 The intensity--which is Na 2,the second one--to be 1 Jefferies,is present,also q 2 consistent to the development should not exceed is 2 We••the short version is that this was 3 allocated. You have significantly and consistent. But 7 purchased for an investment. It's a better Investment if 4 I'm assuming with the floor-to-area ratio,then it becomes 4 it's zoned general retail, We did moat,as Kathy pointed 3 consistent? S oat,with the neighbors and asked them what-• 6 Ml NILMEN: Yes, sir. 6 specifically what••don't••what wouldn't they want rnd 7 MR ENGELBRECHT: Okay. And the second one 7 then presented that to City staff. City staff wrote up 8 restricts their site-plan control. You have inconsistent 8 the report that you we based on that. And we really 9 there 9 don't have a lot to add other than the fact that we fed 10 M.S.N ssE%,: Yes,s ir. l0 like we've done our homeworL We approached the City ry 11 MR. ENGELBRECHT Can you tell me why that is? 2 t properly;wt approached the neighbors property. If you 12 Ms.Niwt%,: If you refer back to--and I've 12 have questions,we're more than happy to answer them,but 13 lost it •- fuz her in in the report,page 8,No 1,where 13 the general answer is it's for an investment,to we have 14 f Bald by placing conditions on materials used,lighting, 14 no real plan;. i 15 landscaping,screening, FAR helglri and minimum setbacks, 15 MR ENGEI BRECHT: So you have no immediate 16 the strict site-plan contrd requirement is met. 16 plans for--or plans for Imme4ate development? 17 MR.ENGELBRECHT: Okay. In regard in that, 17 MR YENSAN: No. I would like to know what IS did you••have you passed on this evening to the la Mr.Myers faxed over,though,about the mraonry. 19 petitioner,if they're here,this fax from Mr. Myers I9 Mx ENGELBRECHT: Yeah. As it matter or fact, 20 regarding the masonry? 20 if you'd like,there's an extra copy right there. 21 MS.N'ILSSES: No,sir. 21 MR 1'ET.'SAN: Okay. Ali aides of the building 22 MR ENGELBRECHT: Okay. Okay, And In regard 22 should be masonry,not just those facing public aunts. 23 to the last item on page 3 which had to do with strip 23 AIR DONALDSON: Do you have any objection-- 24 commercial, you had somewhat inconsistent. Is that 24 as it stands,there could be a brick front and a metal 2$ ben. tse of the five acres m opposed to throe? We have-• 25 back. Mr, My ers said he'd rather have brick all the way Page 26 Page 28 1 or Is it the distance between•• I around the building, Any objections to that? 2 MS %II-M C Well,it's because it's in a 2 MA.YENSAY: Just a moment. I think In the 3 low-intensity area. And while a rip commercial is 3 Interest of trying to be cooperative,we'll honor his 4 strongly discouraged in lower-Intensity areas,general 4 request. I dat't think that's overly restrictive. 5 retail is very similar to that So it kind ut goes back 5 MR FNGELBRECMP: Okay, Commissioners, 6 to the fact that the trips allowed there arc 60 trips per a questions? 7 acre,so tlx general retail would•-would Increase that. 7 Ms. Apple. I So in order to, you know,make sense on the report, that 8 MS.APPLE: And I'm not sure if you can v noeds to be somewhat inconslstenr. 9 address this ce if staff is needed. In the backup it says t0 1-1 R,EN GI:LBRECHT Okay. So I guess my 10 the surrounding neighborhood is aware or the type of I1 question to you as a staff member,if another request came I I development to expect on the site. But you're saying you 12 in for general Mail or anything other than residential I2 don't know what-• do you know what type of development? i J between those two sites,would we generally look 13 I'm confused now because apparently-- 14 negatively at that because of the distanx between them in 14 MR msAx Well,in the sense that the type 15 order to••as wr're trying to minimum strip commercial? I$ of development Is basically what's allowed wording to 16 sis, musEN, According to your policies w 16 the zoning. 17 they exist today ye4,sir,that would be looked at. 17 Ms.APPLE: Okay. But you don't have a--she 18 MR. LNGE I.BREC'HT. Okay. All right. Very 18 doesn't have a vision yet of anything? 19 fine. And 1 think that concludes it. Thank you very 19 MR YE%,um No No And we realize we're P 14 r 20 much. I appreciate it. 20 coming into an -you know,next door to an upscale ( / \ 21 Is the petitioner or peitioner's 21 development, and that's exactly why we approached them. 22 representative here? If you would,sir,please give us 22 And what 1 think the!comment refers to Is what's left is 23 your name and business address for tit record. 23 acceptable to them. 24 Fix,YENSAN: My name is Jerald Yensan. I own 24 M5.APPLE: Okay. 25 landmark Surveyors,4238 1.35 North. The muter,Mrs. I.an 25 ML ENOELBRECHT: Mr.Rishel. PLANNING sir:ZONINO JANUARY 279 1999 Page 25•Page 28 25. i Condenseltl Page 29 Page 31 I MIL RISHEU rd like to present that other 1 Ms.ooum)w, rm perplexed because I recall 2 question, As the original restrictions ad out with 2 vv,sy clearly 2-99-002,the property Iocated to the south. i 3 the applicant and It talked about restricting auto sales 3 And I'm perplexed as to how dance hall and licensed 4 and repair in buildings••and W. Donaldson had reread 4 private club is not permitted In that,and how we-- If I S the things that were included that could be used; and I'm 3 ren cmber correctly,we asked that it not'ae there 6 just wundering if this was something that was overlooked 6 MR.FNGELBRECHT: Right I 7 on our part or overlooked somewhere,and that would have 7 Ms.r.GuRDIE: [It d:dn't offer it out. So I j a been what he Indicated was auto paint and body repalr 6 guess I'm confused as to the advice she just gave us 9 would,in fact,be used that would be appropriate? 9 earlier. And from wbat I recall In the mooting is that io So the question is is that anything that--I to you're saying that we're not••we're not allowed to say, 11 didn't get an answer from Mr. Donaldson. Is that s idoing I I you know,we i wily don't think this is good Idea in the 12 we left out or how did he we that as it related to the I I neighborhood any longer because that's considered IS original restricted unit or auto sales and rcpadr? 11 discrimination of some eat. 14 MR DONAWWN: To this point ve've only 14 MR-BUCE1,: I'm sorry. I don't remember that I S relayed to you duose prohibitions that were volunteered by 13 case. But I was thinking that we had asked him because we 16 the applicant. We haven't added any or our own 16 were moving and he agreed. But be did not agree? 11 MR.YEN5A.N: For What it's Worth, I Can give 17 M.4.Govk= No,he Weed. But from what 16 you an opinion. I I I-- 19 My understanding is that auto sales means 19 MR eUCEK: As long if they agree,there's no 20 there's going to be a bunch or cars sitting out there with 20 problem. It's only if they don't agree to it. 21 for sale signs and little flags and all that;and auto 21 Ms.GOURDt@ Okay. Because the Way you made 21 paint and body shop should be a contained building that 22 it sound was we were not pennhted to bring the subject 23 autos are going to be Inside being painted. And I think 23 up. 24 since we've approached Mr. Myers,not only in advance,but 24 MR BUCEK No. No. 141st I was saying,I was 23 also since we even brought them the staff report and since 23 thinking,I wonder why they didn't ask film If he would Page 30 Page 32 t he's even faxed something over to the City,I'd kind of I remove those when he was there? 2 like to take the position that we're bending over 2 Ms.coURDIE Because wt were scared. 3 backwards to coolerate,and we'd like--since it Is an 3 MR. BueEK. What I'm saying is if he says to 4 investment,we'd like to,obvdow:y,have whatever Is 4 you I don't want to remove them,then that's when the 3 available to us. 3 pedal hits the metal,and we've got to decide do We want 6 MR RISHEL: Thank you 6 to litigate that issue or not. If he says,no,1 want 7 M0.ENGri nRTCHT: Other questions for the 7 them In there and you want them out,WC don't know what g applicant? 6 the answer will be Basically,I call it beverage code. 9 Thank you, air. 9 It doesn't look good for us. It looks IIke we would lose 10 MR.YEN9AN: Thank you 10 that battle 11 MR.F.SGFI,BRECHT Is there anyone present who I 1 Ma.ot3l1RDIE: Knowing now that I have art 12 would like 116 speak In favor of this peti tion? Anyone 12 opportunity Ice ask s question-- 13 present to speak In favor of the petition? 13 MR,BL'CEX: You can certainly ask that 14 In that cam,Is there anyone present who 14 question. IS would like to speak in opposition to the petition? Anyone is Ms,ootlR m -i would like to ask this 16 present to speak in oppositionl 16 question to him. Just because-- I1 There being no opposition,the rebuttal period 17 MR ENGELBRECHT, Would you like to reopen the le Is waived. Public hearing is closed, i 6 public hearing? 19 Commissioners do you have any final questions 19 Ms.00URDID: Yes,if we may,please,because 20 for staff? 20 1 misunderstood earlier. J \ 11 Yes,Ms. Oourdie, 21 MR,EN'GELBRECHT: Any objection from ani 4 27 Ms.oou"E: I'm sorry. I'm sorry. Well,I 27 the Commits-ions? All right. It appears that thm'a a 73 guess legal counsel Is staff, 73 couple that would like to do that 74 MR.ENOELBRECHT: TTois is true,the last time 14 Ms.OOURDIE: 1 apologite for that. li 73 I heard. 2s MR.EYOCLBRECHT: At this time then I will PLANNING &ZONING JANUkRY 27, 1999 Page 29- Page 31 26. i Gindenselt!t" i Page 33 Page 35 F21 eopen the public hearing. And Mr, Yen=would ask the I we're trying to do here is not --we're looking at a plan ; v applicant's representative—if you would,just give us 2 for the City,the zoning. And, really,we need the input j 1 your name and ad,rcu spin for the record. 3 from the neighborhood, the Board's responsibility is the f 4 MR YENSAN: Jerald Yertsan,42381.35 North. 4 plan of the City. So just the fact that one property I 3 MR.ENGELBAECtr i ?hank you. S owner is agreeing with you doesn't relieve them of the 6 MR YENSAN: The owner has requested that 6 responsibility we're working with here. 7 since it is an investment property,we really don't know 7 What I might want to suggest to you is this. j 8 that we would like to-•if it's permitted,we'd like to 8 There Is a bill proposed in the Texas legislature that 9 leave it in there, 9 there will be no alcohol beverage sales within 1,000 foot' Io Ms.oovpmm Okay. Statewide,I think•• to of a residential area. Now,would you be agreeable to I t just •• I don't mind orr-sell premise or wine or liquor, I I that kind of requirement? 12 you know,going in and•• because a grocery store would 12 MR,YENSAN: Sure. Actually,if that 13 have that --things like that And as we discussed with 13 requirement•• if that's -- 14 the earlier case back in 002 of'98,we were just 14 SIR.BUCEK: It's not passed yet. But I'm just 15 concerned in a neighborhood situation,such as this is, 15 saying assuttung that people are looking at that, that 16 and being on a major road end so forth and so on,we 16 i til I allows you someplace to put those on your property 17 decided it would be bringing too much of a lively element o because vou've got more than 1,000-foot frontage to is to this neighborhood and to this area which t. d cause a 1s MR,YENSAN: Actually,we have 450 feet of 19 further concern later on down the road. And that's why we 19 frontage. So if that bill comes in effect,you'll be 10 questioned it earlier,a dance hall or nightclub or a 20 covered automatically. 21 licensed private club,and traffic,or course,too. 21 MR. BUCEK.: Okay, 22 We were just more conoen ed about the 22 MR.YENSAN: As it stands,if you pass it as 21 neighborhood integrity Involved In having an element-• 21 it Is, it's a conceivable.use. However,I'd be surprised 24 MR. YENSAN; t understand that. Actually.1 24 if the property sold within the next couple of years --I 25 was involved,if you recall,with the shooting down or the 25 don't know. Is this actually on the table In legislation Page 34 Page 36' I Slap Inn l lotel because the anticipated use was going to I now? 2 run down the neighborhood to build a nice hotel. I have 2 MR.BUCLX, Yes I'm saying that's proposed 3 the same problem here. Y'all anticipate a negative use, 3 legislation. So we don't know If it will be passed,{ 4 and we anticipate no use. You know,we are simply asking 4 MR.YESSAN, Right. Okay. S for a property to be zoned for an investment use. We feel 5 MR.BUcEK: And that's why I was saying Is do 6 like if it becomes restrictive enough•-I mean,thds 6 you know--what's the closest property to you,what is it 7 property will eventually be sold;somebody will want to 7 zoned? 8 develop something on it. We have no idea. I mean,it Is 8 MR YFNSA.Nt It's residential. 7hat'9 the 9 a roll of the dice, I mean,conceivably,somebody could 9 Hills of Argyle Well,actually,it's an un&velop!d-- 10 buy this and say I want a 54,000-3quaredoot hanky-tank •• 10 Be yet, unplatted phase of Hills or Argyle. But Hilh of I I MS aouRntE; Right. I I Argyle will become im miediaWy adjacent to our south 12 MII YM.A.%i .•you know. But•• 12 propertyline 11 MS otx.'Rnua: Conceivably,it could be a Billy 0 MR euetx; So you will be within 1,000 fat? 14 Bob's 14 Me.YEN'sAN; If that 1,000-foot rule goes in is atR.YLNsA.N: But on the other hand,you know, 13 effect,we won't have to--you won't have to and we won't 16 we feel like, you know,we want this property to be able 16 have to ay anything about it It will be an automatic. 17 to be sellable and usable,and we're willing to have 17 MR BUCEx* Right, But if it doesn't take 18 everything that was mquceted to be removed. Even the 1s effect,then we're going to have you within 1,000 foot of 19 owner of an upscale,large 163-some-odd-acre development 19 residential areas? 20 does not object to it,and he's the one that it's right 20 MR YENSAN Right. Let me ask a que0on t 21 next door So we feel like if they're not objecting to 21 just for point of clarification for me. If you con's 22 it,we w outd Iike to leave it In there. 22 discriminate against it,but if you amid decide to vote 21 MS.GMAWL Thank you,Mr. Yemen. I 21 down the rasing altogether.Is that considered 24 appreciate ytwr comments. 24 discriminstory,or,you know,can-- 25 MR, 0110EK, Let me clarify a point Whd 25 MR BUCLK! That's what we're saying. There's PLANNING & ZONING JANUARY A 1999 Page 33 • Page 36 27. r � ContiebxIt}r" Page 31 Page 39 1 not a case en pointe. That's what we're working on here t h'.R.YENSAN: So you want us to remove the 2 is that it may not be discrtm;natory. If the plan •• what 2 do=hall/nlghtclub clause. 3 this Board is looking at,if there's residendit:property 3 MS.OOURDIP: And private-- 4 neat to you,does it make sense that a rational supreme 4 MR.DONALDsw Licensed private club is the 3 court looking at that would say,yes,It is a zoning in a 5 way that this city allows restaurants to serve alcohol. 6 city that has conditional zoning criteria that they can 6 MS.OMFILDIE: SO I place on it,can they eliminate a dance hall,or whatever 7 MR.YENSAN: 01%that's it good point So if 6 that item it, if it's within 1,000 foot of it msidenoe7 a we take that off,we're actually••we couldn't put a 9 And there's not a case that tells us,Mr,Yensan,how that 9 restaurant e-,the thing. 19 will come out. That's what we're struggling with. 10 MS.OOURDiE: That's true. Well,I just-- I1 MA YENsm: f think what I'm trying to get 1 I MS.GAMER: t think the dance hall or 12 clarified in my mind IS,obviously,I don't want to get 12 nightclub,basically,is the one you want,because under 13 the zoning shot doAm from my client. If you have the 13 licensed private club,they would be able to sell 14 ability to say this is it make It-or-break-it deal and 14 on-premise. So the one-- 15 you're going to turn down the zoning based on the fad IS MR,YENSAN Okay. We can leave a 16 that we don't want to take out the dance hall,we're going 16 license 17 to have to make it•-you're going to put us over a 17 Ms.OANZER Dance Hall or nightclub is the 18 barrel,and we're going to have to make a decision. I8 main one. is that not•• 19 MR.ENGELBRECHT: rd like to Interject 19 MS.00URDIS: That's a very good 20 sumething here. I think we're getting far beyond in terms 20 clarification. Thank you. 21 of bargaining at thls point in time. I was going to 21 MR,YENSAN: We con eliminate dance hall;keep 22 interject a little earlitx that,yes, I just want to 22 licensed private club? 23 remind you that one of our options Is to just flat deny 23 MS.GOURDIE: Uh-huh. 24 the case. 24 MR YENSAN: Am 1 hearing that eorrectly7 l 25 MR.YE%,sAV: Okay. That's what I'm trying to 25 MS.APPLE: 1 just want to make the point that Page 38 Page 40 l get at. 1 licensed private club also includes just a club because 2 MR.ENGELBRECHT: That k an option that we 2 that's the way we to clubs. So you might be envisioning 3 have 3 nice resiauuaro:,but lioem.d private club Is•• 1 4 MR YE%SAN, All right Can I have a second 4 Ms.OX01B: Excuse me We gat you tangled S on that? 5 In a mess hem. 6 MR.ENGE1nREC1rr: Okay. We'll take s short•• 6 Mr. Busk on the••when it says licensed 7 MR It g%AAN. Thank you for that point of 7 private club,can it be,slash,rettauranl to a clarification. Under those terms,we will allow you to I nonrestaurant,or how would•- 9 remove the We of alcoholic beverages 9 MR, BUt.'EK think there's some confusion on 10 MR.ENGELBRECHT: That would••and I want to to that.. Whemver you have a restaurant use that's allowed, 11 make sure I understand. That would include the category I I as a matter of right under the alcoholic beverage code,not 12 of dance hall slid the category of nightclub,which were 12 long as their sells of alcohol beverages arc lea than 75 13 the two ••or was thane another? 13 percent,they can have it. 14 MS.ciouRtim Well,the ones I questioned were 14 Ms.omAri B: So they have to have settle kind � 15 the nightclub ani the license club. 1 don't mind sale of IS of food service? 16 beer or wine because Cial-• you know,Albtxtson's and 16 MR.bLXLK: Yeah. SO the restaurant Issue, 1 17 grocery stores scil beer and wino. 17 don't think.Is a problem. He cart have s rcataurant•• is MR ENGLLBRECH7 No We weren't tatking 11 even If you do away with licensed private club and r 19 about on,premise 19 to-prcml se ask of beer and wine,If be's gala A , 120 MS.GGURDIE: Right Right 20 rcataurznt,they can still have alcoholic bevaegeta 21 MR.E.\GELBRECRT: We were talking about 21 MS.OOURD1 E: All right, Thank you. 22 orr•prcmise consumption. 22 MR BUCW lust'o be sure I'm clear wber'e 23 MS,(k)VX. : Right Nightclubs and licensed 23 you me,the three that are in Im am the dente hall i 24 private clubs We weren't taking about your retail stores 24 and nightclub,the tan-premise We of beer and wine,and 25 that •• 25 the licensed private club. And there's no problem,Mr, _ PLANNING do ZON1NO JANUARY 27, 1999 Page 37 • Page 40 28, Coodenseltl r"t Page 41 Page 43 i Yerhssn,with the off-premise sale of bar and wine,and 1 Donaldson. On my matrix,l don t see where auto painting 2 there's no problem with the restaurant 1 is allowed for general retail. 3 MR Y&N'smw Actually,time's copies of these 3 MR.DONALDSON: Oh,yrN're right Okay. I 4 minutes available to us,so if this is•• 4 sklpfed right over that one. S MR.ENGELBRECHT: Yeah 11 st Would be it S M3.APPLE: Is it body? 6 public record. Yes. Absolutely. 6 MR.DONALDsON: Yeah. It's allowed only in 7 MS.GWROMi Thank you. 7 the corrunercial antral business, light industrial,heavy 8 Ms APPLE: i have another question. 8 industrial,and PDs. Auto salon and repair In-building is 9 MR ENGELBRECHT: Yet. 71=C's another 9 it permitted use,but they bat e,x,uudod that one here. 10 question. 10 MS.APPLE: So auto painting and body repau I I Ms.Apple. I I is not? 12 M9,APPLE: I Want to readdross,While We have 12 MR ENGELBRECHT. It's not an Iswo. 13 yon,Commissioner Rishel's concern about the auto painting 13 Ms.NILSSt r: It's not an issue,yes. 14 and body repair because of the funxs and the noise and the 14 MR.IuvEt: Bemuse it's already been 13 way that a tot of auto painting and body repair shops,you 15 excluded,it's not on issue. 16 know,have the things that they're working on surrounding 16 MR ENGELBRECHT: Right. 17 their buildings, And go I walled to know if you would be 17 MR DoNAtnsON: It's not allowed in general 18 as agreeable on that Issue,also? 18 retail. 19 MR YEN8AN: Well,bear in mind we have 19 MR R1sHEta 1 feel better. 20 screening requirements Vt'e'll have to build screening 20 Ms.Ntmsw And then the only comment I have I1 fences. If an auto body repair shop has some vehicles 21 it,again, I reoomnend approval with the conditions I laid 22 that arc being worked on, they have to be screened off 22 out 13 from the people around them. Funks and noise,I drive a 13 MR. ENOE1 BREC'HT, And let me••I've got to 24 1992 GMC pickup truck with s faded candy apple red paint 14 get back to condi'lons. I believe the••with regard to I 25 job I had done at Street Works. They have inside the 23 tundition No.2,the Petitioner egreed to masonry Page 4I Page 44 1 building inside p..nt booths. If you really look at a 3 materials on all sides. 2 point and body shop,the actual work Is done in a booth 2 MR.Y04"XN On all licks,correct. 3 in tide the main building. Otter can are kept inside the, 1 MR I.NOELOKECHT: And then we bad the a like, a showroom floor, And I've newer heard any real 4 additional Not prohibited uses,which I believe Mr. S noise coming out cis body shop. It's not like--you 3 Donaldson Is going to read to us at this time off of the i 6 know, it's contr;ncd Inside of a building. 6 list 7 Ms.//PLE: So are you saying you're not 7 MR DONALDSON: Yes. In edditioa to those on 8 agreeable to that? 8 the list that Is in your backup,as Enclosure 6,we've 9 MR.YENsAN: t think I'm not agreeable to 9 talked about adding dance hall or nightclub,off-premiss ~ 10 that '•n trying to keep sonic optons open here. ID sale of beer and wine and on-prendses sale of bar and I I Ms,APPLE: Okay4 thank YOU I I wine,end licensed private club. 11 Other questions for the 12 MR,WOELSREMi Okay. Commissioners,any 13 petitioner? Ali right. ?bank you. 13 questions for ataffl 14 Given that we reopened the public hearing and 14 MR BVC£K: Let me clarify. 1 may have 15 L,e petitioner did speak again.I'm going to ask if these IS misheard something here, You have off premise on your it is anyone present who would like to speak in favor of the 16 list? i 1 petition? I P MR DONALDSON: Yes Off promise is Still 1 s In that cage,is there anyone present who 18 okay. , 19 would like to speak In opposition to the I)CUM7 19 MR amn: Ws still okay? At , 20 And no opposition,once again,we'll waive 20 MR DOVALMON. Right. It's en prcmtre. t )!\ 21 rebuttal. The public hearing is closed. 21 MR DUCEK: And may I clarify on the .� 11 Commissiorars any questions for staffs 12 dcrmition of restaurant because I think I said 7S 23 Ms Nilsen,do you have any final surf 23 pcmot. And the rule is••let the rod that to you•• 24 comments? 14 the wad tsraurant In this subsection stall mean any 25 Ms NUSEN: Just one clarification for Mr, 13 cAablishrtent which it clearly utilized for the service of PLANNINO At ZONING JANUARY 27, 1999 Pa$e 41 • Page 44 29. ` t' �I II Coedensaltln'` Page 41 Page 47 1 food as it's primary function and where more than 70 1 Acreage and requested that rezoning had that game belief. a: 2 percent of its grocery sales••the revenue is derived 2 1 can't feel good about In six more months we 3 from the safe of food ••which I think I Bald 73 3 may move the Loop up again,And we're going to have all 4 percent ,. which mxans ••this ordinance means that no 4 these little dots of things that were coned based on a j S more than 30 percent of their sales can be alcoholic S belief that this was going to happen. And until the Loop It beverages. 6 Diu bouncing around, I'm not comrorlable just foregoing 7 MR, Kstriiu And that refers to a licensed 7 thn policy. I private club? 1 MR.ENOELBAECNr; Any other discussion 6n the 9 MR. BUCEK: Restaurant. So you've taken out 9 motion'r I would like to Add that I,loo,will be voting to licensed private club,but a restaurant is any facility 10 against this motion. This Is,again,one of those 1 I that sells food and no more than 10 percent of its I 1 speculative eases,and we love two of those on tonight 11 receipts are for the sale of alcoholic beverages. And 12 already that were ohm speculation)care ago and we're IS almost all of our major restsuranu fit Into that D living with them now. t4 definition that you're seeing. 14 And to I lotend to agree with you,also,with Is MR, ENOELDRECNT: Any questions,comments? 15 regard to the Loop. W'e don't have an inter action here. 16 Yes, Mr. Powell. 16 We may never have one here, in which case,th's becomes I7 CAPTAIN POWELL: If you go the masonry 17 potentially strip rnnunereial In its nature and, th'rerorc, I 1 100-percent route, let me point out that cinder block is 1t, doesn't seem to me to be appropriate. 19 masonry. I've always boon amazed at this City's rush to 19 Any other discussion? 20 masonry as opposed to a slccl building because to me a 20 Yes, Ms.Oourdia 21 cinder block Is •• personal observation •• is ugly related 21 Ms, oovao1E: It would like to say that if we 22 to a painted steel wall. Just bringing that up. 22 are to adhere to our policies,which we haven't realty 23 MR, ENan DRECia: Any other comments or 23 done in odscr nelghborboodi,and if we are to start in 24 questions of staff of motion? 24 this neighborhood,this would put in end to any kind of is MR. RISIIELr rd like to make a motion, 12S commercial development between those two•-them Vote Page 46 Page 48 I MR ENCELaRECRn Yes. I So that whole •- that would stop it right then and there. 2 MR. It1SNUr r0.like to move to recommend 2 If we had the courage to stop grid say,no. No more 3 approval of L-98.060 with the conditions is outlined by 3 commercial No more whatever, I mean,that',up to us at ! 4 staff I through 8;and that All sides of the building be 4 the PlannEna&Zoning Commlesion to abide by our policies. S masonry; And that the esclusinm of dance hall or S So that',one thing I think would'oe a benefit Is it would 6 nightclub,on site sale of boer—on•sile sale of beer 6 give us an opportunity to stand up and abide by our 1 andror wine, and license private club be included In those 7 policies. 6 restrictions. a And the other thing Is didn't our mobility 9 AIR. ENOEt.BRECRT Is there A lecoMd7 9 plan—pretty much,Isn't that••1 mum,is that where 1 to MR. MORE,* Ill second. 10 the mobility plan says that Loop 288 will be going,Mr. I I MR, ENOItBRECItr: Dom moved and seconded to I1 Donal son? 12 rccommcrid'dpbioval w'Ah re^,ommenda+ions ns outlined by 12 MR. ooNAttmoN: Yes. The approval or the Mw 1 S staff plus some additional. 1 S mobility plan corresponds with our comprehensive panning 14 Any discussion on the motion? 14 process 'Cho last lime the thoroughfare plan was ena rW 13 Yes,Mrs. Apple. 15 was in 1988,and the Denton Development Plan was also 16 Mx.AFPtf;, I just want to my that I'll be Is enacted. So these two things go hand In hand. I would 17 voting against the motion boxd on the fact that I'm 17 expect that in ten years,we'll probably be doing a n'N It, having a real problem with a policy that suggests that a 11 comprehensive plan,and the thoroughfare plan may change 19 five-acre site should have more direct access to a freeway 19 Ms.tlOt'R m Okay. thank you. A 20 is kind of being massaged to work for this properly. And 20 MR MEtORECHt: Mr. N*VII, ! \ r 21 I'm assumI ng that they're basing that on the fact that 21 CAPTAIN POWEtL• Mr,Chairman,I'd like to 22 today, the Loop Is supposed to go in at that site. But 1 21 take this opportunity to debate with you Just a moment, 27 have to reference in May,we approved the Z•98.001 for 23 air. Never done this before,of amuse. You based your 24 cotnmerc[at-based on out belief that the imp will going to 24 opinion••or at east you said you did••en the fact 15 go in at that gilt, And the pawn who bought that PJ that you didn't want strip commercW. And my _ PLANNING& ZONING JANUARY A 1999 Page 45 •Page 48 30 . I V I G _ CondcaRCitl'Tt Page 49 Page S 1 I undemanding of the dcfnition of strap commercial Is I detailed planned area across an SF-7••on existing 91 4 2 anything less than hairs mile apart. And we've been told 2 toning disulct,which Is located right hero. 3 that it's&-tenths or a mile apart. 3 And it this time••and the issues with that 4 1 tecogrrire that you may have other masons 4 particular detailed plan that were played out,both here S for that opinion,but•• or for your vote, and I'm not•• S and at City Council, mostly Involved the size of the lots 6 you know,I'rn just pointing out that It,,not%.Wp 6 on that rauthem portion of that detailed plan which 7 commercial as we dermr It. I'll hush. And I'm ready to 7 abutted some existing homes In an SP-10 zaning district 8 vote s locatcJ here on the north aide of Juno, So the applicant 9 MR.ENOELL Any other discussion? 9 hwi Mrubmitted fa a new detalW plan to be consistent 10 All in rw;;ui . notion pleaso raise your 10 with the existing FD and integrate these mailer lots Into I I right hand. Opposed, same sign. Motion carries,rive to I, it neighborhood that is across this 911-7. And I'll show 12 two. 12 that detail plan here In a bit Currently, 13 Let's move on to Item 6 this evening,which is 13 this site is an undeveloped site Property to the south 14 M hold a public hearing, 14 where the SF-7 Is is undeveloped a well to to the is CAP TAW?OwELL: Excuse me,Mr.Chairman. IS southeast The area that is toned SP40 is located on the 16 71terc may have been more people come In for S.so, 16 north sick of Juno and runs down the east side•• or, 17 perhaps, v.e should announce that"'to not going to do S, 17 excuse me••the west side of the••excuse me. I don't 18 MR ENt3ELBR£CHT, Thank YOU. Thank you. is knew the end's name,but the one that rum Into Juno 19 For any of those of you who did come In for 19 there. Surrounding all that SF.to on tht east side of 20 Case No. S,which was a zoning case or 8 acre, from 20 Stuart Road and on the north side of Hercules Lane is 21 Agriculture to general retail at the intersection of Loop 21 PD-79, And what wo Is is two-family or duplex housing. 22 285 and Kings Row,that particular case has been po_!ooned 22 So SF-10 with duplex housing sunounding that 23 to February L}: I Oth 23 partially developed,partially undeveloped,along with on 24 Thank you Mr, Powell. I appreciate that. 24 the west side or Stuart Road,we have a lot of SF 7 25 Item No 6 this cyen'ng Hold a public 23 zoning. Page SO Page 52 1 hearing,consider making a recommendation to City Council ; This particular request had a 200-foot mail 2 concerning a detailed plan for 13.3 acres In planted 2 out that did not reach the residents on Juno;did reach 3 Development 39. The appro, ad concept plan for district 3 some residents on the west it do of Stuart Road, A we 4 allows for residential development with a maximum density 4 Implement the 500-foot courtesy notice here shortly,staff S or ten units to the acre, The propoul is for 94 3 has provided what that would r prestnt,and that would 6 single-family homes at 2,6 units to the acre. It is 6 Just touch some or those horns on Juno. 7 located on the southeast to.ncr of Stuart Road and Loop 7 CAPTAIN MWELt: But that did not go out In 8 288. The property is legally described as the northwest 8 this else? 9 233 acres of Tract 26 in the S.McCracken Survey, 9 MR REED: That is correct. 10 Public hearing is open. Mr, Reed is going to 10 WTAfN POWELL, Thank you. I I provide us with the staff report and recommendation I I MR REED In my analysis of tiesa request,I I 2 Atr:ltecW: 12 point out that it's consistent with the detailed plan•• I J MR.REED. Thank you,Chairman Engclbrecht 13 or,excuse me••the concept plan. Last dove that this N The case before us Ion lght Is, again,a FD detailed plan. 14 request was before tite Commission,also,was an bsue of I J Of cow se,a detailed plan provides to with strict sit 15 LSe property on the eauL1 side and the Integration of all 16 plan control. And this particular request is related to i6 this PD-39. In the past year,the school district hu 17 one that came before the Commission just a number of 17 purAssed the property on the north side of the Loop 18 months back,as all of you may remember, Denton Garden 18 betw,vn Stuart Road and Sherman Drive,u the map here r 19 Addition,that I referenced in the report. 19 shows. And that will become one large public park,which r A. r. 20 The request is••I want to make sure it is 20 is colored gran,and school ,its,which am yellow. And 21 clear to all the Commissioners••is different from that 21 the pinkisl color Is actually a high school stadium 22 time or that request. That request included 14 acres. 22 This zap shows PD-Jo with the old Denton 23 And compared to the location map here,the••and now I'm 23 Garden Addition area shown In green,to if you would Just 24 showing the roving snap ••previous request was for a new 24 imagine that half of that green is not there. This show, 25 PD because the applicant was proposing to expand a 2s the relationship of the haw Forman Williamsburg Square PLAWWNO & ZONINQ JANUARY 27, 1999 Page 49 • Pager 52 31 , u u i JAS, •2)' 9918'EDI 1214 RCC ATTACHMENT 3 TEL:0114114200 P. 001 HVI mile Realty Capital Corporation aicturd A.Myers jrlft�ln! Jaauuy 77, 1999 l?Sgi2�IT TO: City of Diatom, Attar Kitt rya Niluaa From: Richard A.Myers (Hills Of Argyle Subdivision) RE1 Zealot Regatst Z-9"0 Kathryn, as the surrounding ptopertY owner, we art in favot of the above tinning request. However,we would hkc gw attachmeat of the Restricted Use$ to the request Io sddid0% we strongly suggest smatding Staffs Rawrorneadatlon 02 w that all side$ of buildings should bo rtusonrf,not just those fseing*lie streote, It is not fait to homeowners in The Hills of Argyle which will be looking at this property to see metal buildings. If the people driving by theme buildings get to see matomy wails, surely our adjacent homeowners deserve equal treatment. Piece deliver this letter to the Planning and Zelda$Commission and the City Council. 'Chunk j you for your help, J I w I i rie SWA main IT00%Saiu 170,0tW"Inl,Tnul"6011 1 (11 n OMW FIX JIM 461-1231 32. 1 <: U i i I I ATTACHMENT 4 21 Requiring site plan review ( Joe so parking, setbacks, etc. ) I 3) Encouraging diversity on major arterials (commercial nodes broken up by high density ho+,sing, offices, etc. ) 4) Discouraging unsightly and hazardous strip commercial by requiring sign restrictions, buffering by greenbelts and/or landscaping . I i 5 ) Limiting amounts of commercial/retail land use in moderate and low intensity areas . 3 . Low Intensity Areas 4 a . Purpose and Intent All areas not designated high or moderate intensity areas are considered low intensity areas , The primary purpose of these areas is to ensure the overall land use/transportation balance by controlling the overall density and intensity. Further, theme areas represent primary 1 housing areas in the City of Denton . Thus, these areas should emphasize residential use instead of a mixture of residential and nonresidential . j b, Location j The general location of these areas is shown on the map on page I 0326k - 27 - k 33 r I c. Size/Intensity I These areas are planned to correspond to are overfill intensity policy measured at 60 trips per day per gross acre. The areas I should be approximately 640 acres. F d. Diversity/Neighborhood Protection Low density residential , small scattered sites of apartmente, and nonresidential uses are encouraged in all areas of the City subject to the following limitationst 1) Strict site plan control within 10600 feet of existing low density residential areas. Developments must maintain the character of the area with architectural design and landscaping . 2) Traffic design to ensure that multi-family and nonresidential uses have access to collectors or larger arterials with no direct access through residential streets . i 3) The overall density/intensity standard ? is not violated. 4 ) Sufficient green space, recreational facilities and diversity r. parks are provided. . r i 0326k - 26 - 34 . t U 51 Input into planning by neighborhood associations and council$ is M encouraged , This policy is intended E to generate input and not veto power. e. Non-residential/Retail/Multi-family Concentration 1) Neighborhood Service Center Neighborhood service centers are small nodes of nonresidential establishments intended to offer mainly convenience goods and services at the neighborhood level. These centers shall be located at least a half mile from any other non-residential/retail center . The size of non-residential centers vary from 2 to 5 acres depending on their access to a specific category of thoroughfare, I Direct access to freeway - S acres Direct access to primary or secondary arterial - 3 acres Direct access to collector strt•et - 2 acres 2) Multi-Family Concentration Multi-family housing is defined as apartment development with density of 12 units or more per acre, The site f of multi-family concentration shall t � Ile . 0326k - 24 - 35, . 1i r ,rrr,.�naswrrae...w�w arc '� ATTACHRENT 5 a ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON,TEXAS,PROVIDING FOR A CHANGE FROM AGRICULTURAL(A)ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO GENERAL RETAIL WITH CONDITIONS (GR(C)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 5.014 ACRES OF LAND LOCATED IN THE JAMES SEVERE SURVEY(ABSTRACT 1164)EAST OF HIGHWAY 377 AND TO THE NORTH OF THE HILLS OF ARGYLE SUBDIVISION; PROVIDING FOR A PENALTY IN TI4E MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE (Z-98-060). WHEREAS,Jerald D. Yensan,on behalf of Lan B. Jefferies, has applied for it change In zoning for 5.014 acres of land from Agricultural (A) zoning district classification and use designation to General Retail with Conditions (GR(c)) zoning district classification and use designation;and WHEREAS, on January 27, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS,the City Council finds that the change in zoning will be In compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies; NO THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SEC ION 1. That the zoning district classification and use designation of the 5.014 Acre f property described in the legal description attached hereto and Inca porated herein as Exhibit"A" is changed from an Agricultural (A) zoning district ciassiiiwlion and use designation to General Retail with Conditions (GR(c)) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas,subject to the following conditions: L Exterior materials oa all building facades are restricted to masonry materials. 2. All exterior storage is to be contained within a"sight obscuring" fence that Is a minimum of six (6) feet in height. 3. Side yards adjacent to a street will be A minimum of twenty (20) feet with a canopy tree every flneen(13) feet and two(2)understory trees per one(1)canopy tree. 4. A rear yard dividing the district from any residential districts will be a minimum of twenty (20)feet with a canopy tree every fineen(15) feet and two(1) understory trees per one (1) canopy tree. 5. Maximum height of all structures Is two(2)stories, except as follows: Cooling lowers, roof gables, chimneys and vent stacks may extend for additional height not to exceed thirty-five(35)feet above the average grade line of tha building. t' 6. Floor-to-Ara is limited to.25.1, translating into a maximum buildout of 51,602 square feet. — - 38 t+ I M•Ni,nWLOn�,�,Y'hYinwi Motl 4 Y 7. Lighting on the property shall be designed and maintained so as not to shine or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. S. That certain uses be prohibited (as per applicant's request) in order to be consistent with a Neighborhood Service Center and to address surrounding property owners concerns. Those prohibited uses are attached hereto and Incorporated herein as E-Habit"B" SECTION 11. That the City's official zoning map Is amended to show the change in zoning district classification. SECTION 11 • That any person violating any provision of this ordinance shall, upon conviction,be fined a sum not exceeding $2,000.00. Each day that a orovision of this ordinance Is violated shall constitute a separate and distinct offense. SECTIONIV. That this ordinance:hall become effective fourteen (14)days from the date or its passage,and the City Secretary Is hereby directed to cause the caption of this ordinance to be published twice in the Denton Recon1•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 , 1999. JACK MILLER, MAYOR ATTEST, , JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY BY. •IIACk1 GT /r �. I i I 4 EXHIBIT A 9610786 FIELD NOTES 5.014 ACRES BEING all that certain lot, tract or parcel of land situated in the James Severe Survey Abstract Number 1164, Denton County, Texas, being all that certain tract of land conveyed by dead from Donald Gaston to Donald Gaston, Trustee recorded under Clerk's File Number 96-R0043373, Real Property Records, Denton County, Texas, and being more particularly dsscriwnd as follows: BEGINNING at an Iron rod found for corner In the east line of U.S. Highway Number 377, a public roadway having a variable right-of-way, said point being the most msterly northwest corner of that certain tract of land conveyed by dead from MXTX Properties, Ltd. to Hills of Argyle Monticello, Ltd, recorded under Clark's File Number 98-R0031340, Real Property Records, Denton County, Texas; THENCE N 37' 26'65" E, 295.60 feet with said east line of said U.S. Highway to an iron rod set for corner, THENCE along the arc of a curve to the left having a central angle of 03' 63' 00", a radius of 3719.60 feat, an are length of 252.11 feel whose chord bears N 344 02' 54" E, 252 06 fowl with Said east line of said U.S. Highway to an Iron rod set for corner, said point being the southwest corner of that certain tract of land conveyed by deed from Don B. McCiurkon and wife, Winifred Wanda McClurkan to V.D. Burch recorded in Volume 239, Page 191, Desa Records, Denton County, Texas; THENCE N 681 43' 05" E, 402.47 feet with the south line of said Burch tract to an Iroh Todfound for corner at an Inner oil of said Hills of Argyle tract; THENCE S 14. 24' 34" W, 450.71 feet with a west line of said Hills of Argyls tract to an Iron rod found for comer at an Inner ell of said Hills of Argyle tract; THENCE S 88' 30' W, W, 611.28 feet with a north line of said Hills of Argy►• tract to the PLACE OF BEGINNING and containing 5.014 acres of land. 38 EXHIBIT B List Of Prohibited Uses Halfway House Home for Cire of Alcoholic,Narcotic or Psychiatric Patients Electrical Substalloe I Electrical Transmission Line I i Gas Transmission Line and Metering Station I , Radioland or Television Microwave lower I Sewage Pumping Station Sexually Orientated Business Auto Laundry Auto Sales and Repair(In Building) Gasoline Service Station New Auto Parts Sales Stores Private Utility Shop or Storage yard i Sewage Treatment Plant Water Treatment Plant Dance flail or Night Club On Premise Sale of Beer and/or Wine Licensed Private Club , • t i 39 i Z-98-060, Highway 377 and Bonnie Brae t 11,44 r T r Photo 1 . Looking Northwest from Chipping Campden Road In the Hills of Argyle Subdivision Z-98-060, Highway 377 and Bonnie Brae _.^.,f;--- _�—. c� ' .`�e y.� -•,tip y ..��h41� I.IIi I tt � ., ��,,y�;(/ �.� St `:`.:a L•4:.:Y7s�� „� :ctfr. . . •N"•I•..awFirYi�•}'�. 'S.'I:+wi4�ktr'. MY Photo 2. Looking Soi :theast Across Property From Northwest Corner of Property C . I AGENDA INFORMATION SHEET ENO, IL91 �g PoNb 4 AGENDA DATEt March 2, 1999 DEPARTMENT: Planning Department CM/DCM/ACM: Rick Svehla,349-77155 SUBJECT—Z-98-062, ilfndsor Ridge Estates Hold a public hearing and consider a detailed plan on 2.338 acres for a single family residential development in Planned Development 86 (PD-86), which currently allows for multi-family dwellings, The 2.338 acre site is located on the south side of Windsor Drive, west of Ronnie Brae. The purpose of the detailed plan is to develop fourteen (14), 7,000 square foot single family lots. (The Planning and Zoning Commission recommended approval (7.0) with conditions.) BACKGROUND This property is in a Planned Development (PD-86) zoning district. A detailed plan for Blocks A, B, C, and U has been approved, A detailed plan for Block E, the subject of this report, must be approvc.l before Block E m !be &vclopod. The applicant may plat the property without the detailed plan, but may not develop Block E until a detailed plan for that section is approved. The approved Planned Development, Ordinance 81.133 (approved in 1984) called for this section to be multi-family units on the concept plan, while the remainder of the property to the west has an approved detailed plan for single family homes. Zoning regulations allow single family development within designated multi family areas, folk.wing a set of minimum criteria. A minimum lot size of 6,000 square feet is allowed under multi-family zoning regulations. On June 5, 1998, the petitioner submi'.cd a zoning request to down-zone this area to allow 225 single family lots ranging in size from 5,000 to 7,000 square foot lots which would have reduced the allowable density by approximately 60 percent. The Planing and Zoning Commission recommended approval of the request with four conditions, (I) stone columns in the fence, (2) fence column spacing to be a maximum of fifty fret apart, i i (3) 100%brick exterior finish on the first floor of homes built on SF-7 lots, and (4) 75%brick exterior finish on the first floor of homes built on SF-5 lots. 'There was strong neighborhood opposition (36%of properly owners within a 200-foot radius)10 dense single family development. The applicant withdrew the request before it could be heard before the City Council. The applicant has not yet indicated any further development plans for the remaining portion of this property to the east,designated for multifamily dwelling units. Adjacent developments do not have conditions placed on the zoning or detailed plans. PD. 122 is approved for 115 acres of SF-7 and less than 5 acres of modified SF-l0. Property to the J=% t• c I northwest 1s zoned straight SF-7 and north ofthat is SF•10.Property to the southeast(appro x. 1200 feet away) is zoned for a combination of SF•7,Duplex(2F) and SF•10. PD-115 to the north r (approx. 800') allows(GR),(0),Zero Lot Line SF,(SF-7),(SF-10),(SF-16)and (MF)uses. Notice of the zoning request was published in the Denton Record-Chronicle on January 17, 1999 and again on February 1$, 1999. Four(4)property owners were notified of the request on January 15, 1999. As of this writing, there has been one written response in opposition to the original request. While there have been no neighborhood meetings held for this detail plan, however zoning change signs were posted in two different places on the property. There have been thirty-two telephone calls from residents in the area that have seen the signs and were curious about the proposal. The malorhy of these residents have indicated that they are satisfied with a single family development,while others indicate that they desire larger lots. PRIOR AC'CIONJREVIEW January 14, 1969 —The subject property was placed in the Agricultural (r`)zoning district and Iand use classification by Ordinance 69-01 which adopted the first zoning ordinance and map rot the City of Denton. October 16, 1984— 52.9 acres are rezoned from Agricultural(A)zoning dis+Act to a Planned Development 86(PD-86)district. I RECOMMENDATION The Planning and Zoning Commission reconunended approval (7.0) of this zoning request on January 27, 1999, as recommended by staff with the following conditions: (1) Lots shall be a minimum of 7,000 square feet in area; (2) Stone columns shalt be placed in the fence; (3) Slone fence column spacing shall be a maximum of filly feet apart; and (4) 100°/a brick exterlor finish shall be installed on the first floor of homes. In response to neighborhood concerns and a recommendation from the Planning and Zoning Commission, the applicant has changed the specifications on the delailed plan from sivicen(16) lots vi irh a minimum lot size of 6,000 square feet to jourteen (14) lots with a minimum size of U00jquarefeet, The revised detalledplan is included as part of the council staff report. FISCAL INFORMATION Development of this property will Increase the assessed value of the city,county,and school r district. It will require no short-term public improvements that are the responsibility ofthe city. a t As a form of inflil development, no extension of public infrastructure Is necessary to service this si te, 2. r z. III i ATTACHMENTS Enclosure, Rey iced Detailed Plan 1. Planning and Zoning Commission Report,January 27, 1999,Z•96-062. 2. Planning and Zoning Commission minutes from January 27, 1999 3. Draft Ordinance. 4. Approved Concept Plan S. Proposed Detailed Plan Res / ullTsumi tt f Da sill Director of Planning and Development P ared by; C. .e Trina Finney Planner 11 I l C r c , i? ATTACHMENT 1 NIX r L PLANNING AND ZONING COMMISSIONS STAFF REPORT r-- i ub ec : Windsor Ridge Estates Case Number: Z-98-062 Staff: Trina Finney, Planner 11 Agends Date: January 27, 1999 PURPOSE Hold a public hearing and consider making a recommendation to the City Council concerning a detailed plan For 2.338 acres In Planned Devoiopment 86 (PD-86)zoning district. Wndsor Ridge SITE i N 1 W E 5 Location Map �� A , Location: On the south side of Windsor Drive, extending to the north side of Westward Drive, approximately 1,037 feet west of Bonnie Brae. size: 2.338 acres 4. i Applicant: Carter and Burgess Engineering Owner; Ryland Homes 7950 Elmbrook Drive 3 Metro Square Suite 250 12000 Ford Road, suite 320 Dallas, TX 75247 Dallas, TX 75234 h Section 35.7 of the Code of Ordinances outlines the rules of procedures for amendments to a zoning boundary or district. In general, any person having proprietary interest in any property may petition city council for a change or amendment to the provisions of the Zoning Ordinance, or the Planning and Zoning Commission may on its own motion or on request from the City Council Institute study and proposal for changes and amendments In the public Interest. This property is In a Punned Development (PD-86)zoning district. A detailed plan for Blocks A, B, C, and 0 has been approved, A detail plan for Block E, the subject of this report, must approved before Block E may be developed.The applicant may plat the property without the detail plan, but may not develop Block E until a detail plan for that section Is approved. The approved Planned Development, Ordinance 84-133(approved In 1984)called for this section (called Block E on the final plat) to be multi-family, while the remainder of the property has an approved detailed plan for single family, The remaining area, called Blocks A, B, C, and 0 on I the final plat which Is also being considered on this agenda, meet the criteria of the approved detailed plan. The zoning ordinance allows for single family developments within multi family designated areas, following a set of minimum criteria. 6,000 square foot lots are allowed as the minimum lot size under multi-family zoning regulations. On June 5, 1998 the petitioner submitted a zoning request to dawn zone this area to allow 225 single family lots ranging In size from 5,000 to 7,000 square foot lots which would have reduced the allowable density by approximately 60 percent, The Planing and Zoning Commission recommended approval of the request with four conditions; (1) stone columns In the fence, (2) fence column spacing to be a maximum of fifty feet apart, (3) 100% brick exterior finish on the first floor of homes built on SF-7 lots, and (4) 75% brick exterior finish on the first floor of homes built on SF-5 lots. There was strong neighborhood opposition (36% of property owners within a 200-foot radius)to dense single family development. The applicant withdrew the request before It could be heard before the City Council• The applicant has not yet Indicated any further development plans for the remaining portion of this property, designated for multi-family, Adjaceot developments do not have conditions placed on the zoning or detailed plans. f'D-422 is approved for 13.5 acres of SF.7 endless than 6 acres of modified SF-10. Property to the northwest is zoned straight SF-' and north of that Is SF-10. Property to the southeast(epos. 1200 feet away) Is zoned for a comDination of SF-7, Duplex (2F)and SF-10. PD-115 to the north (sprx, 800') allows (G R), (0), Zero Lot Line SF, (SF-7), (SF-10), (SF-16) and (MF)uses. { 5. c I I 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 commercial/retail centers spaced at about h 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 In order to balance land use with road capacity. Staff finds the proposed development to be fairly consistent w.th 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 protect; Denton Development Plan Policy Analysis Summary Low Intensity Are Developmetlt Rating vs. Policy li �POLICY COMMENTS t Inconsistent Consistent trite t. These areas represen t WwAry housing xeas Wthln the city, X tntortaity To be consistent with the Mowed Intensity.60 b1polm Plate a developrnent should not exceed Its Allocated Intensity■ [40.26 MPs/sits allocated lntxsty. X Site Man Control. Strict property developnent control within t,600 feet of eristlng low density reodendal areas I X TrafAe Design. Access should be Neither muitl•faaft nor non-residentlal, provided to ensure that m Wamly or art Voposed with this detailed plan. non-residential uses have lace to colleAOra or latgar arterials with no direR access ihrough resldenuat streets. X open Space. suff1dent gr..en space, W@ have to dt*nta money In IN of receatlonal Wiles and diversity of parks park tands and pr/park development are prorklyd, fees,is per orc'nanee. _ X Is Wic Partclpatlon. Input Into Then was no nil meeting held panning by nelghtofiood assodaaons and for this detaier an.There were, coundfa h encouraged, heweven,neli hborhood meetings held far previous Prop Malt X Land Use DIV;;ty. Non-residen0al and While this is e single NT*development, multi-famly development Is encouraged to R is conviant with mumtl-fan*Sundarda limited degree, for sIM04 famty development X Mt.vfactured Housing. This form of single-famty hm *rig may be compatible i with developments to the low Intersily areas subject to ccndtlons, NA Strip Commercial. Any form of oonbm"Nip convnerdat b strongly A ,. dscou aged Won near low Intensity areas `.'� r 6r 1998 Denton Plan Policies Analysis i 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. 1. Transportation A. Trip generation Table 1. Proposed Land Use Trip Generation—Allowable under existing toning Land Use Average Trip Total Trip Maximum Paildout Generation Per Generation Multi-Femlly (12 units per 8.28 trips/ 176.19 trips per 28 units acre allowed) dwelling unit day Allowed Trip Generation 2,338 acres 140.28 60 elpIva0 .. Difference 35.91 28.6% above allowed trips r� •Catculatlone provided by the lmetHvte of TrantiWatlon tnotneen,IN 1. Table 2, Proposed Lend Use Trip Generation—Proposed Detailed Plan i Land Use Average Trip Total Trip Maximum Buildoul Generation Per Generallon Single-Family (Detached) 9.65 trips/day 152.80 18 detached homes 44T..l3 OeI1 yotle(t,,,• c ,,;�„ r Vii` r' ` •ails + ?' ,, Allowed Trip Generation l 2.338 acres 140,28 80 trlps/scre 10ifference 12.52 8.9%above allowed trips 'Cdculatlons provided by the Institute of Trsr sportetton Enpineers,1001. F B. Access Access Is available onto Windsor Drive. Access will also be available onto the two roads to be constructed with the development of the Windsor Ridge Development(a purposed 141 lot i development); Westward Drive, a collector, and Northway, a residential street. C. Road Capacity Westward Drive (collector)is designed to accommodate 12,800 trips per day. Windsor Ridge (secondary major arterial) Is designed to carry 16,100 trips/day. r At present, the 1997 traffic counts for Windsor Ridge Indicate that there are 1780 trips per day, '� 7. r therefore k could accommodate the trips generated from the proposed development. There are I�I no traffic counts available for Westward Drive because it Is yet to be built. I D. Pedestrian Linkages Sidewalks along all public streets ara required. i 2. Utilities This site has access to existing water and sanitary sewer Imes(see Enclosure 4): Water: (a) 12" in Windsor (b) 6" In Crestmeadow Wastewater: (a) 10" in Windsor (b) 8" in Crestmeadow Fire: Additional fire hydrants will need to be provided with the development. 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. A preliminary drainage study has been submitted, and found acceptable,with the 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 This development must comply with the sign ordinance. 5. Off-Street Parking New development must provide parking according to the regulations of Section 35.301 of the Code of Ordinances. The total number of parking spaces required by any one development is a factor of two off-street parking spaces per dwelling unit. 8. Landscaping ,. This propertV WIli have to comply with the new Landscape Code,which requires fifteen (15) trees per ncre and twenty(20) percent of all surfaces to remain pervious (piantable ores). 1 7. Open Space This development must comply with the park land dedication(or fees In lieu no and park development fees. S. Environmental Quality Impacts ! There are no outstanding environmental ImpeKs for thls development. Miss H, b Si January 14, 1969—The subject property was placed in the Agricultural (A)zoning district and land use classification by Ordinance 69-0t which adopted the first zoning ordirance and map for the City of Denton. October 16, 1084—52,9 acres are rezoned from Agricultural(A)zoning district to a Planned Deveiopmen186 (PD-86)district. J1,U$KIC 1.fOT1 .$ Mp r.. ; Notice of the zoning request was published In the Denton Record-Chronicle on January 17, 1999. Four(4) property owners were notified otthe request on January 15, 1999. As of this writing, there have been no written responses. White there have been no neighborhood meetings held for this detail plan,zoning change signs were posted in two different places on the property, There have been thirty-two telephore calls from residents in the area that have seen the signs and were curious about the pronisal. The majority of these residents have Indicated that they are satisfied with a single family development,while others indicate that they desire larger lots. RV.GOM AND 'CIO Staff recommends approval of Z-98-062, Staff is not recommending further conditions above'he four already outlined In PD-86, bacause this development is most compatible with the already approved detailed plan for Blocks A, B, C,and D of Windsor Ridge Estates. It " P' ��.r ' irrrrrr I move to recommend approval of 98.082. ALT91RNATIVE4 1, Recommend approval as submRted, 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration, 5. Table Item. 1. Vicinity Map. 2. Zoning Map, 3. Utility Map. 4. 200' Properly Owner Notification Map. 5. Detailed Plan. A 6. Ordinance 84.133. ' ( �; 7, Denton Plan Matrix, 9. c� c� Mdrilty Map Windsor Ridge N SR W E S f � 1�ti t 10. C� t+ Enclosure 2 Zoning Ma Windsor Ridge 4 r� vrutt� A nF.te A OF Ff4M A A N Ffsi9� AF-7 w E I, SITE MIA I ( i \ c) 11. C� c� i Enclosure 3 t' UM1fty Map � i Windsor Ride 9 • � � W A I CE OR N frrE °' C W S i I !2. u c Enclosure 4 A 200'NoUflcatlon Map Windsor Ridge A A A A A N SSTE W 1~ S � I �t I n111Rr���.«r Koua "T ti111Wp{ OINi0/1t•11t .rY.r.rk 11 iiIIIIII II I r . I �s 4 1 it i \' •1/W ! �1 • I • ' • i L i I' r'M��\rSMM'41 7. 1 r i C I �"' • * it wr•r rlu 70 .t. I • f. . li I• " t1++�99 ` • " • . •I ' 'ifs ay) nn,�...c N jjjj�Illll�l • �1 , ra • V •0 101 W f.W rt.1 r•kill Mul"M '.. /N ..c.� I011Y 16M KM 11,111P,Oi1r M too 1'r 16 Ki'511111 i1A'IY1l"r r""'••rk•r�.r•kr.. •4K fe'd ld Klllq'd.'r1D 1{.Y.l rrr.r•..r+ I q.. An rW rl.W r W•w•F N1 Y Y.M h i• 11 1!Y!1 M rw'Im,hl.nwatrayval,+�!ravmr.Yarnu.. �i ��ht•MIrMu JJ reaRN•,r•rnn r,•r� II��III 1✓HNr�•wr •YO•••w•Yrr.RM•r•w•M••\ ' �•• r;• Il gh1Yl"J.'4717i�R:!•II'I�MRAir wr r.l"r 1 / W J8205D I1 *0581ft3 km Jr,11,IM 14:49 40 c• i i 1. i ENCLOSURE 6 N0. SY/-L AN ORDINANCE AMENDING THE ZONING NAP Or THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY ORDINANCE NO. 69.1 AND AS SAID MAP APPLIES TO 32.9 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF BONNIE BRAE AND PAYNE DRIVE AND 15 MORE PARTICULARLY DESCRIBED HEREIN} TO PROVIDE FOR A LIHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A' DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT "PD" CLASSIFICATION AND USE DESICNATION; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAIM SECTION I. That the toning classification and use designation of the following described property, to•witt All that certain tract at parcel of lend situated in the Frances Batson Survey, Abstract No. 43, Denton County, Texas, bean]j the same $2.96 acre tract conesL�ad by J, A. Old iab at ux to Y. C. Collier on November 15, 1951, recorded in Values 374, Pate 609 Deed Records of &aid County and being more particularly dssoribeb as followal BEGINNING at the northeast corner of said Collier tract in the , middle of a public roadl THENCE mouth 1033' vest with the middle of said road and the edit line of &std Batson survey 1145.38 feet to a point in said road! THENCE north 87'1$' vast with a faces most of the way 1200.61 feet f to a foods corner; THENCE north 2113' east with a fence 95.7 feet to ■ fence corner; THENCE north 87123' west with a fence 699.06 foot to a fea'A corner; THENCE north 1'06' east with a fence most of the way 1041,19 feet to a point in the mlddla of an sast•wast public roadl THENCE south 87'36' ea.%t with the middle of said public road 2093,96 feet to the placa of beginning, containing in all 52.966 acres of land, is hereby changed from Agricultural "A" District Classification and Use dest`nattoo to Planned Development "PD" Classification and Use destination under the comprehensive social ordinates of the City of Denton, Texas, SECTION It. That in approving this planned development district ordinance, the City Council hereby approval the comprahensive site plan for the areas designated for single-family 0181.7" use as show an the attached site plan and duilnated a Blocks A and t therein, SECTION 111. That in appprovin the planned develepmaut district Ordinance, the City Coudell her: y appproves the preliminary site plan ehowin t C the proposed land us vithto the areas deelmnsted as !locks C and l ti D for earn lot linen use, Blocks E and t for multi-featly (10 scram) Uses Black N for tieithborhoed service (6.32 acres) and )locks r and G for multi- daily eau (14.9 ecru), Prior to the issuance of any building permit for development of those visa listed it this Section Ill, a comprehensive site lee shall be ro4utred to be submitted and approved as Pitt of his ordinate• in accordance with Article ll, Appaodix 1406inl of the Code of Ordinances. 1S. u SECTION IV. 1 e That prior to issuance of any certificate of occuppancy for the ties of any building within the planned development dtatrict, the following conditions shall be meet 1. Electrical sievica %hall be undetground except for major trend- mission Items, t. That all regulations of Appandix S-Zontag of the Code of Ordi- nances applicable to singlle-family "Sr-T' districts shall apply to the site plan designated for sin,,ltle-,lamlly "Sr-0" land use, unless otherwise specifically stated heroin. S. That in the area designated on the Alta plan attached hereto as "Neighborhood Service there shall be no sales of alcoholic beverages, either for on or oft-promise consumption. 4. That in the area designated on the site plan attached hereto as "Neighborhood Service ' theta shall be no gasoline service stations permitted or motor fuel dispensing pump& or devices of any kind. SECTION V. That the development of the property shall be in substantial compliance with the site plan attached hereto and made a Part hereof for all purposes. The Eontng Map of the City of Dentons Texas, adopted the 14th day of Januaryys 19691 es an Appendix to the Coda of Ordinances of the City of Denton, Texas under OrdLasoca No. 69.1, be end the same is hereby amended to show such change in District C{aestfics- tton and Usa subject to the above coadittoas and spocifieatteas. SECTION VI. That the City Council of the City of Denton, Texas herebyy finds that such change i1 in accordance with a eomprshondive plan[ or the ppurpose of ptomoting the general welfare of the City of Denton, lexu and with reasonable consideration, among ther thin s for the ctaraeter of the distrlcl and for its peculiar IuLtabil�ty or , particular uses, and with a view to eonasrving the value of the Dulldinjes protectln human lives, and encouraging the most appropr a a uses of and for the maximum benefit to the City of Denton, Texas, and Ltd citisend. SECTION VII. That this ordinance shall be in full force and effect immadL- stely after its passage and approval the required public hearLogd havinj heretofore been halal by the Planning and Paniag Commiostoa and the City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the -({ day of , 1904. RZHARD r CC Y OP NTONs TW73 ��' ATTESTS 1 4, t CITY Or DENTON,jMUS APPROVED AS TO LEGAL JORMs JOE D. MORRIS ACTING CITY ATTORNEY CITY OF DENT04i TEAM n w •.� 1G. r , I ' 4-M t, N I meet,A N*" AIeIiYVYAAL !?V 1 I�. r�CNf bt l "110/ NAi N. 11 Vr , e U , I 1Nf I �•�. . ,11,f i r 1 vl 1 •� I.�.I, �IR1lC15� J � f{�R, I•� � I �, r r • rr r y �• 1 .'tI CIV`'S/p}f I • ' r . d lI �14AIr I OF 4 ka 'IJ A'• 1•IV I Mir t� 10' .• it 6S•Y IYf 1• 1 i J ' .,r 11 e�IIN 1 rw%o I/ r { 4 ly •V :��1't!!!♦`1n ♦ N RII,.•1 vl1 t. 1 HS '1 �/ ' IIK •I A 'Y• I I� 1 1 • • t to : 3 N •'.� r r� , 11 AIIIWLI.N• A:•.1 A J ' � �f r• rf � � • t 'r 1 `_•y l f 0 I i r • I ' N / '1 {� 04 '• I f ^ t L nur , 11 t.'♦ • �f�LLN1�{C'�r�'� fb 1 .• S•wh ,l�yi 1 ' rl �. rx M14 1 j 1 1 r f 1!Yn'V4 • p ..! of tM fit • ' I lYItl1k.lA�yll ' • 40� � I kAM YIIM' I 'I I 1 �lf 'F,i.�•..I,I VA— AIM/ 4 Iq1 , • 11 • I, .•.•II r' 1"'I•• •MI . I 41 M I ENCLOSURE 7 The table below provides a summary of the 1998 Denton Plan Policles applicable to this project: Denton Plan Policy Analysis Summary Development Rating vs. FWlcy CATAGORY POLICY snwnsistent ` corwstent Tronsportatlorr. Coirolments Denton s Long Range Thoroughf re Plan. _ x Prortates Ac"Manapement Pradlces x opurnim operations for emergency lervkt prooden and other pubic seMCe PvAders, „ x Promotes public trardportaboo system '' x Contnbutes to the Denton Tralls network X• Stormvwter Oralnage. Protects 100-year Aoodplain areas In accordance vdth Denton's watershed management paro. X Conform to;oal W64on regutat ons. ':,,'a x ContriMes to regional detention redlidea. Provides for nahxal dparlen environment skng Aoodpaln. QMad"existing substandard drainage systems as InAll and redevelopment oavr, Wat•r and Develops and maintains property and privat Wset:voter. Infrostndure, K Croates opportunity fa overazing water and wastewater f I tines to meet Wre development demands, x s, Provides renew of proposed water and waxeweta le Inka*u turt to ensure pudic safety and health. ''r x i Promotes InAn Improvement ova new line td on r 'r• r 12 x [lectrie" Provides underground 11di senece for new Midenbal p" J and nonresldentlel devefopmeM. ' ' t r�.' x 1 Solid Waste. Promotes eMdent aaess to oil development for sand S+t ! waste scrm delivery. x Parks and Recrtalfon. Locates parks and rweaWn fadtites In socordana with the Parks and Recreation Strategb Pon, x Enhances parks and recreatbn ocrotinwes to nddents, x preserves Aoodplain for parks and open apace to aid In Aoodplain conservaW efforts, x Allows comb ning of parks with other NNb fx:11*8 to 114' achim cost effective deVvery of PAC W*m x Residential development should dedcat land of fees In : 7r x lieu of land for nNghborhood pocks [nvlronroental Quality. I Promotes preservation Of natutai resources. 1. tntegrates envlronnkntal protAi With swoons! growth Ind Wrownity development ,S^i ! r lot i i i 1998 Denton Plan Policies Analysis (continued) ` I Denton Alan Policy Analysis Summary Development Rating vs. Policy CATAGORY POLICY hoxndstera Ap N obte C atent WthborfwOde, Resides&O to publk and ammunIty Wiles M x resides bsi rortil borhooda •sr Encourages 1 robin of lend uses ow benefit raldenb •33,4' -r x Protects end pn+om*4"nelghborfroods. x ftmotm between n6gtte ob to reduce eveNNer lobs 4 x Housing. pros 1 ryp�d tow!g types that gipped to etonomk end kWivlO Nl Wi etyks , � c x offensa v1*N of singtedempy lot axA bulldrg slues x ,. Reserver odsbno Aaudng,hinduding Ilrontable housing, Wei" trwelses hm houdrg w*uej q olveroR atim Masing W07M d SM aspendrg the tax wee. MIT I x Gownlmint oat w pvemvwW coordlulion m praddo x Urbon DWgm Ad&tMcomrxmby►pp ;=In 1wmpreAendw manner. DivatlRes AnhwChrd eppeenna 00A Wrorrnent x k Nelghb&r 4W M development dlolk}be m W bit , ,x t '` I Wb)e)dstlrg land uses Ind bulldrgt II{ M vesor beftnti 1milbsea rd,alturd and , 0. protects f'w Enhmas the amrara d ma enwawres. a' Rmlotes bu vmmbom of trees RW lendsapino. ik= x 14rblle tmrohnmint koftN es p�*for public opnlon dring ft x l� J � I t 19. t t� t ATTACHMENT 2 rage ov Page 71 I that are doing that. 1 public hearing and consider making a recomm ndadon to the 4 2 Ms GOURDIE; But the homes we're talking 2 City Council concerning a detailed plan for 2.338 acres in 3 about aren't going to have garages in the rear. Choice 3 Planned Development 86, 'Rte approved concept plan for the 4 Homes typically builds front-entry garage homes. 4 district allows residential development with a maximum f MR.DONALDSON; f have som a praluct:'tat 5 density of 12 units per acre; 16 single-family lots arc 6 Choice I Ionics does that does have a rear-separated garage. 6 proposed at a density of 6 I units per acres The property 7 They haven't asked for zero Iot line zoning fete So with 7 is located on the southwest--southeast comer of Windsce I only five-foot abacks on either side,they woull be a Drive and the propoad Northway Drive,being west of 9 unable to do that, Well,they could still do it. 9 Bonnie Brae. 10 MR. WOKERECHT: Any other questions for Mr. 10 At iNs time I'll open the public hearing,and I I decd? it I believe Ms, 6'inncy Is going to provide us with the staff 12 MR REED: Then I'll just say staff reconuttends 12 report 13 approval to make that clear. 13 Good evening. 14 MR.LNGELBRECHT: Think you. 14 Ms. FtNNEY: 71wrik you, Mr.Chair. is %c%•007F.R her.Chau? I S This property is zoned FDA.u you've A MR.ENGELBALCHT: Yes 16 indicated, A detailed plan for Blocks A,B,r and D has 17 MS,GA.NXER I'd like to make a motion. 17 berm approved, and currently before you is the detailed A MR ENGELBlitcwr Yes Go ahead. Is plan for Block E. This must be approved before Block E 19 M.4,GA.tmR: I move to recommend approval of 19 may develop. But be aware,please,that the applicant may 20 the dctaikd plan for Z-99001 as recommended by staff. 20 plat the property without the detailed plan,as you've 21 M6.APPLE: Second. 21 already approved in the Consent Agenda,however,cannot 22 MR FVGELBRECNT: it's been moved and wconded 22 develop this until that detailed plan Is approved. 23 to recommend approval of Z-99.001. 23 The approved planned development Ordinance 24 Is there any discussion on the motion? 24 84133 was approved In 1984 i47d tilled for this section, 23 Yes,Ms Oourd c. 25 known u Block E,W be multi-family,while the remainder Page 70 Page 72 I Ms.OGL'RDIE: Ijust don't think this Is the l of the property ha an approved detailed plan for single 2 best use for this congested neighborhood,so I won't be 2 family. lice remaining area called Block A.B.C,and D on 3 voting in favor of it. I think it's too congested with 3 the final plat,which has already been considered,mat 4 the roads that we have and with all the •-or lack of 4 the criteria for the approved detailed plan, The zoning S roads that we have,with all the other proposed S ordinance al lows four single-family developments within 6 development 6 multifamily designated arras following a set of minimum 7 MR.ENGFLBRECHr. Any other discussion on the 7 criteria. 6,000-square-foot lots are allowed as the a motion? I minimum lot sine under multi-family zoning regulations for 9 In that case, all In favor of the motion, 9 single-family development. to please raise your right hand, Opposed some sign. Motion 10 Ott June Sth of lost year,the petitioner I I camas five to two. I I submitted a zoning reque>'t to down tone this area 0 allow 12 M$.ENOELBRFCHT: Commisaloncrs, It is 7;00 a 225 single-family lots ranging in site from 5,000-to 13 p.m. The last meeting--we've tried to set this standard I3 7,000•squam-foot lots wRch would have reduced the 14 to break at 7:00 for 30 minutes We have one more zoning 14 allowable density by approximately 60 percent. The IS case which could take a little while possibly, We can IS Planning do Zoning Commisslon recommended approval of the 16 hear that one or go ahead and break at this point. What 16 request with four conditions, Inctuding,stone columns In 17 is your pleasure? 17 a fence;minimum spacing of those columns to be$0 fat; is It appears to be to want to break. 18 100•percent-brick exterior on homes built at the i 19 In that case,we're going lake a 30-minute 19 7,000-square-foot lots,and 7S•pacent-brick exterior on 20 break, We'll be back at 7;35 20 the first floor of homes built on the 3,000-square-foot 21 (Break taken) 21 lots. 22 MR. ENGLLBRECNT: All right Com rdisionaa, 22 At that case,there was strong neighborhood 23 at this time,we'll reconvene the public mooting. And I 23 opposition with 36 percent of the property owners within 24 believe when we went on break,can were ready for No 7-- 24 the 200-foot radius in opposition. They were opposed 23 Item No. 7 erne the Agenda this tv mI4 which is to hold a 25 because single-family development was too dens, The PLANNING do ZONING JANUARY 27, t999 Page 69 -Page 72 20. t, Il v Coodcascltl`" _ Page 73 Page 73 1 applicant withdrew the request before it could be heard I MR-ENGEI PRECHT Commissloners questions for 2 before the City Council and has not yet IndicaW any 2 Ms Finney? 3 further dcvclopnhent In this portion,the rentalning portion 3 Yes,btr Powell, 4 is designated for single-family-•excuse me -- 4 COLONEL POWELL: I'm not ntre why trips arc S multi-family. S even mentioned here if it's already tossed for multi-(amity 6 Before you is a tuning map. Adjacent 6 and this is single-family with teas trips. My we we 7 developments shown on this map do not have conditions 7 bringing this Into the equation? What am I missing? 8 placed on the cooing or detailed plans. mia Is 8 Ms.FiNNE'Y lust to clarify that while the 9 approved for IS 112 acres of Single Family?and less than 9 devclopor could put apartments there,he's choosing to do 10 fi-c acres of modified SP-10. i0 something that's less dense and would create leas burden I I Property to the northwest is Zoned straight 11 on the streets 11 sr 7 and north of that Is SP-16. Property to the 12 CAPTAIN PGw'ELL: 7bank you. 13 southeast,approximately 1,200 fat away,Is toned for a 17 Ms,risNEY: Thank you. 14 combination of SP-7,duplex,and sr.io. PPi I s,to the 14 MR. ENGELBRECIIT: I flight ask yo➢. I believe 15 north approximately 800 fat,allows for general retail, 15 that,Is it not tnu,that when this cam was lured,the 16 6flicc,zero lot line single-family,SF-2,SF-10,SP-16, 16 intensity trip calculations were different than they are 17 and multi-(amity, 17 nowl r believe the current plan was developed In '88,and is The proposed detail plan before you Is In is this was originally tolled•• 19 compliance with tee Denton Development Plan on ail but two 19 MS.FINNEY; Yes, In 1985, 20 instances The first is intensity This is slightly more 20 MR.ENOELaRECH7. Right. And there were 21 intense than the 60 trips per acre that Is allowed by, 1 21 different trip generation standards t' m? Ilf 22 believe, 8.9 percent. And there was no neighborhood 27 MS.FINNEY; Ye,1111, 23 mating held for this;howex'er,there were signs posted 23 bill.ENGELS RECHT: So that xlnoe It wasn't 24 and there was avid neighborhood response by telephone 24 developed,it may v ell be that they don't meet the current 25 Y ou'II note that tonight we received our one 23 trip generation r quiremterhts Page 74 Page 76 1 and only'mitten response from the neighbors within 200 1 Nis.ri,,N . Well,they don't. They're 8.9 2 fat. And L`at is•-that was distributed to you I'm 2 percent above the Current trip generation as allowed, 3 not sae who has it now. Okay So you've all seen It 3 MR ENGELSRECHT: And hat refers to only the 4 MR.Lvoti,uREctrr Yes, 4 2 point some-tenths acre. 3 Nis rTNNES'i Page 4 of your repot it outlines J MS. FINNEY: 1-1 acres,I es, 6 the trip generation between the multi-family, which is 6 MR.ENOELBRECtiti 7bat does not address all of 7 currently allowcd,and the single-family, which is also 7 the wher acreage to the nosh that's*:ready been •- 6 allowed, but proposed in the demised plan. And the 8 MS PIN'NEY: The portion that's already 9 difference comes down to a 23.6 Wp generation above what 9 approvedl The sr•2 lots would comply with our in trips 10 we allow in our low-intensity areas,while the 10 per acre •-cuum nh6•• 60 trips per acre. 77he I I single-family allows 81 percent or Is producing 8.9 11 4,500-square-root lots would probably noL 71hey would be 12 percent m e'tfhdn our low-Intensity area allows, 13 In excess of that. 13 Public notice for this was published In the 13 MR r%actaRECHT: WhI10 Cm on that,do you 14 Ixmton Record Chronicle on lanuasy 17th. Four proporly 14 have-•and I hadn't done the calculation. How many•• 15 owners were notified of the request on January 1 Sib.and 15 what sort or a lot reduction number would be required In 16 except for the rcaponm brought to you tonlght,there have 16 order to have it raw within the allowed trip generaton 17 been no other written responses, %Ye have had 32 telephone 17 since we're over by 8,9 percent? 16 calls •- that is actually 13 now I've received one since 16 Ms. PLNNEY: 1,600-equate-foot lots falls r 19 1 wrote this report•- from res!dcnto in the arcs that 19 right at what we allow In low Intensity. A 20 have ecen the signs and were curious about the proposal. 20 MR.DONAI3MON: 1 swpect that if we reduced 21 The majority of those res!dents have Indicated that they 21 it by one lot,wt would come In•• 22 are satisfied with single-ramily development while others 22 MR rNOELaR£CHTi 1 was going to stay, It would 23 indicate that they toils larger loin 21 have to be close 24 I'll answer any questions you have at this 24 MR.DONALDSON Keep In mind that the Denton k 26 time 25 Development Plan allows fa individual properties to 4 PLANNING do 'LONINO JANUARY 27, 1999 Page 73 - Page 76 21 , ad r Condenseltlo' Page 77 Page 79 I exceed the intensity threshold If there am mitigating I that you,as the petitioner's representative,understands 2 circumstances. One of those that's actudly specified in 2 •-and I hope the petitioner understands that when this the plan is access to the primary arterials and with ) case came earlier,there were corm conditions that seemeL 4 Donnie Rrae and Windsor•• I don't know about the 4 to,at least,be of some interest to the public In the � s classification on Windsor,but Bonnie Brm is certainly S area that then would H atone columns in the fens 6 primary arterial, allow you to allow exoecding the 6 fence columns spacing of 50 fat,and,more Importantly,I 7 standard 7 believe,that there was some conditions that vent here 1 MR.E1r'OELBRECHT: Okay. Thank you. Thank lI tonight •• I mop[ that••calling for 9 you. 9 100-peroent-brick exterior finish on the first floor of 10 Other questic,a for Ms. F1mtcy7 Thank you. 10 homes built on SP-7 lots and 7i-percent-brick exterior I I Is the petitioner or the petitioner's I l finish on the first floor of homes built on sP•s lots, 12 representative present? Do you cut to make any comments? 12 You-all an aware that those were some I) If you would, give us your name and buslnea i) conditions earlier that were•- 14 address for the record,please, 14 MIL PEDI00: We were aware of rome of those Is Mx.PEDI00. Mr,Chalmutn,my name is Brett 15 conditions at that date. And,again,the••some of those 16 Pedigo with Carter&Burgess,7950 Elmbrook Drive in 16 made sense in the grand scheme of the entire layout that 17 Dallas. And I'm here on behalf of the developer and 17 we had proposed at that tine, And,I utcart,we would,at Is applicant. is this time,since,buically,the four streets to the west 19 1 think Trims did a gnat Job or going forward 19 are being developed,we would Just hke to make aura that 20 as far as sorm of the history that's been done on rite 20 it is congrttcrtt throughout the development of whotevet we 21 project,and we Just want to make sure that,you know, 21 do hero. 22 that everyone here and in the audience tonight Is 22 MIL ENGELBAECHTi t would simply like,l 23 realizing that we are actually reducing the Intensity of 2) guess, to make a statement to you as to the developer's 24 this area by going to the 16 lots,and also that it does 24 representative that we am expcesencing requests for 25 propose a plan which,you know,If you look at the grand 25 smaller lot sifts in the city. And them appears to be Page 78 Page 80 1 scheme of things,probably kind of makes sense as far as I some gemred careers with regard to granting a gnat many 2 the Block D,being right across the street,being a 2 of those, And it appears to me that flat's a conomn that ) singiedamily tier of lots and then having the lots across ) has to do with the ultimate bu!Id-out on the property,the 4 the tact to be single-family,a'so. 4 quality that would be wen,ere' the-efore,from the 5 And, again,all of the criteria for the 5 City's penpecdve,the life expectsncy for that 6 mulit•family toning has ban met with these lots as far as 6 neighborhood. And we spent a good deal of time and energy 7 the minimum width, setbacks,and square footage of the 7 and money in this town In attempts to maintain our olds i P lose. Se,1 Just wanted to let y'all know that we're here 1 nclgliborhoods, 9 to answer any questions that you may have 9 And I think that In the event that deeelopm 110 MR ENGE1 nRe.Clm Commisslomers,am there 10 display a real concern fir those Issues,any I think it's I I questions for the petitioner? i I probably by building mrm brick and developing 12 CAMAM POWELL: Yes,sir. I] neighborhoods that have other umnitles that Inseam their 1) MR k%(1,ELURrCHT, Yea, Mt. Powsll, 1) longer life,that the City would be,l think,over the 14 CAPTAtN POWELL, Tell me the square footage of 14 long run •• or probably ever the then run••morn IS the lots an the west side or Northway those,right•• is interested In approving more and being mere reoeptive to 16 right directly on the other side of the watt t 6 the smaller lot sites. So I put that out them Just for 11 MR PED100I nose am 4,500•• approximately 11 your Information. 18 4,500-square-foot lots. 11 MR.PEDIao. Okay, lust w I'm clear on what f/ 19 CAPTAIN POWELL: And these am 6,000, ig you'!.-saying. Are you ruggeoting that the hottxa•• A, .! r 20 approximately,except lot the end ones? 20 these 16 lots have m different criteria set as them other I 21 MA,PED:k0 That's correct, 21 than the ones across the at"? I'm jug•• for 22 CAP N-4 POWkLL: Thank you 22 elarincatien purposes,is that•• 1f 2) t.tx.ENOELBAECHT: Any e':ar questions for the 2) Mx.EN0ELA1tURT; No, I'm refersittg to the 24 petitioner? 24 wfiole thing. 2s lust a couple of points. I wont to make aura is MA.P12mlttrh Okay. PLANNING do ZONING JANUARY 27, 11999 Past 77• Page $0 22. t• f,;oodcmcltlt" Page 81 Page 83 l MR. ENOELBRECHT: Particularly,the smaller I We are asking for Now,this is tome u: t 2 lot Fitts. 2 the reasons why, Ps war stated,to the west of us,they 3 MR.PEDI00: Okay. 3 arc 7s and 101, A,td the overall plat that was eehown, 1 4 MR. ENOELBRECHT: Because that's where I think 4 see a more detailo.1 plat all the way to 288,going ncrh. 5 you,as developers,ere presenting some real concerns to S And there is just one other section up there that before 6 the citizenry of the city. And it appears to me that that 6 Mark and some roes the people were bore,Frank and Laughing 7 has to do with the quality of the homes,and,ultimately, 7 Harry and Cecil;sat down and decided on this Is the way 6 through that, the life span of the neighborhood. And 8 It was going to he,and that's the way it has ham,but we 9 if•• I really believe that if many members of the city 9 haven't changod IL io perceive that homes am being built on small lots that 10 So there's only one otter section up there I1 will survive over the long-term,we will see a lot less 11 that Is 4,500s In the whole arcs. So we feel dust since 12 animosity and a lot less concern for this issue. And, 12 we're Accepting the 4,5001,which we have to aceep4 we 13 obviously, the developers would like to ace the smaller 13 would still like to we the quality of that neighborhood 14 lot sizes because of costs,ct okra,et cetera. And so 14 hold up and not go to 6s. 15 1 throw that out there to you for what it's worth. And, is Now,l live a.t a 7. 1 live in a 16 frankly,it's not only meant for you but for everyone A 1,600-square-folt home. I know how little ground there is 17 else, as well, 17 around that home on a 7,000 square foot. And is we all I8 MR. PED100: Well, Ryland Homes Is the 11 know, the quality and the price of the home depends on the 19 ones that are doing these houses evi there,and I'm not 19 size of the lot mt7t of the tune Mark likes to tell 20 Involved entirely with that. But from what they have 20 about over in the other area where they're selling 21 mentioned,they're planning on putting a very quality 21 $150,000 00 homes,but we know that these are not going to 22 product out there and make that a very nice wivn;ty to 22 be that, So that's exactly why I'm asking for 23 that area, 23 7,000-square-foot icts running down through there, 24 MR.ENOELBRECHT: Thank you, 24 Well, I guea that's about the scum because 23 Is there anyone present who would like to 25 1 have to take it all m good faith that Ryland is going Page 82 Page 84 I speak In rover of this petition? Anyone present to speak 1 so build a betta Loma are Camden does,and I'm going to 2 in savor or Lk petition? 2 see a Ww home awn 1 would with Camden there. So,you 3 to out case,Is Hera on"pmsent who 3 know,they said dety're It ring to build a quality product 4 would like to speak In opposition to the petition? 4 To me,that emits nothing but maybe one more rail In the S Yee,air. If you would give us your name and S door frame. I man,tlnc4 we don't bave onymh g tied 6 address,pkate 6 dawn with people who ass doing the devebpmmt and Ryland 7 MR tOWND10N I'm Yom Unundson, I live it 7 dot they're willing to disclme to vs the quality dust 1 2228 Cmsuneadow. Aty home is one on Crntmadcw tore Ihet 1 they're going to put up. 9 abuts Lk property-the development here 9 1 hope that they break aaough and make 10 Ckatrmao Enyelbmcht and Comer lsslonmo,I'm 10 something that Is worthwhhe In the city because In the I I asking for a condit'in to the plan In the Development 16, 11 city,Itself,we have no 4,500:d at b first-cuss. Yet) 12 That's why l,ie N, that the last now of 6,000:choose to 12 know,t toy that,and then 1 Well about that ova oa the 13 7s,and this it some of the masons why. I3 otter side of Evers Park,those loam houses ova thee. 14 We got caught--or the devt1oper was smanee 14 Now,that's what I clrssify as a fh ctsuss Operation 15 than the City -and We Is the plan that wit••In 1935 11 ova that. And I don't think I'm gting to get net But 16 *is set forth, We asked him If be would do sr is That's 16 1 caulnly hope that Igo Is much bikk is 1 possibly 17 all we asked Nothing more;nothing Ins. And he says be 17 can because if my subdivision ends up looking Me 18 couldn't do it on sv-ts, It One Moro tnlnutc7 r 19 Ile was asking us to accept Ss -a few$s,61, 19 MR ENOM lazaa Yet. r k, 20 and a few ovadred 7s. So wv sold okay. We will take a 20 MR tomuwt s K -looks like new subdivlalna t J r 21 chance and go with the original put of 1985. That ii-v 21 thet Is ova by the railroad tracks off of Art Wort 22 us more spas against our property then It would have 23 Drive that 1 think Kaufman Broad Is bulldhug,and If it 23 oderwin Sa we had to take tk 4,500,and we wen reedy 23 coma out looking like Out I want you so know dal we've 24 fat the spartmenti from thereon. But be coma In and lake 24 made a mistake baausee we haven't done od homework and ws 2S for 6s. 125 haven't round cut exactly what the builder was going to PLANNING& ZONING JANUARY 27s 1999 Page 81 • Page 84 23 , c I� Coodcnseltlrs' Page 85 Page 87 I build on the property for the betterment of••as you I Ms.FuvNEV: No. No,sit. 2 said, Mr Engelbrecht•• the neighborhood,and It will 2 CAPTAIN POWELL: Okay, Ilelp m, i 3 last for 20 years. I've born there ern,and the 3 Ms,FAN'Y: They still have to have a 4 neighborhood does Iook well. But you never know when it's 4 detailed plan on this enla when they develop it. Abether f going to go down on the short end. Thank you very much. $ the detailed plan shows singia-famlly,which Is allowed In 6 MR.ENGELDRECHT: Questions for Mr. Edn,wdson? 6 a multifamily district,or it shows apartment buildings, 7 CAPTAIN POWELG Sir? 7 either way,they'd still hive to bring a detailed plan 8 Ma ENGELBRECtrT: Yes,Mr, Powell? 6 before you and we'd have to do the public notice, 9 CAPTAN POWELL; I'm not sure that 1 9 CAPTAIN PowEtt, Thank you, My apologies to 10 untleretand real ly where you're coming from, I don't man 10 you,sit. I now have s better understanding or what you I I you don't understand it. I mean 1 don't understand it. I I were after. Thank you very much. 12 The way I see it right now,the option Is 12 MA ENGELBMCHT! I would like to inletject 13 these 6,000-square-root lots or you're going to have 13 there that,historically,we have not,to my knowledge, 14 apartments. And if I'm wrong or staff can tell me if I'm 14 tends to approve angle-family across the street from 15 wrong or the Chairman or if somebody can tell me if I'm 13 multifamily, There's usually been back-to-back to wrong,that's fine But that's the way 1 see the choloe. 16 transition but not front to front. So 1 don't know the { 17 It's not bctwoen 6 or 7, it's between 6 or Apartments 11 chances that s detailed pin.:would fly that showed IS And Is that how you we It7 t I apartments along this stmt Writing it,given that there 19 MR. LDMUA7MON: No. I was led to believe that 19 are oingle-family across the etrod, Histodcally,that's 20 the 6 can go,but the root can odic go apartments, Okay? 20 kind of what's happened. 21 I don't want the 6. 1 want the 7s,and he can still go 21 Okay, Oene Gamble. 22 apartments. But if he does k•t go apartments and I have As 22 And I want to spolagim to t tr. Edmund ln. You 2) there,he can cone in and say,well, I'm going to go all 2) did turn in a card I hove bad A tendency not to remember 24 the way to the road on 6s. I already have the 6s there 24 these cards. I Just simply asked for fclu to spe6,and 23 1 don't went to pct caught that way. I want the 71 here 23 Mr Donaldson reminded me that they were here, Page 86 Page 88 I in case he doesn't go spartmcrtts,he'll have to come back I MR.GAMBLE: s'm Gene Oamble,2205 North 3 and already have the h In place so that he'll hove to go 2 Bonnie Brae Our property runs the south side of this 3 all the way to the road,which to Bonnie Brae,with 7s. 3 property entirely,almost a half a mile. 4 Is that ••do sox understand what I'm saying? 4 D just have nvo or throe concerns that I want $ MR E.NGLT.BRrrttr: I understand whet you're 3 to talk about tonight. I've hod a lot of discusslott with 6 saying I do 6 the developers,and we've gone over a lot of this Stuff, 7 CAPTAN POWELL: t undusvnel what you're 7 And unlike the fellow thatjust spoke before me,1 really I saying now,but now I guess I need to talk to staff I prefer 7s instead of 6s there. I know ••and I found out 9 Thank you,air. 9 recently •• I guess 1 had forgotten It. 1 don't know•• to MR VSGELBRccNT: Other questions for Mr, 10 that you could put these 61 in SP and apartments on the I t I'dmundson7 Thank you I I property. 12 CAffA 0OWELL: IICIp nW out hoc If it's 12 Now,then, the point that our neighbors oe 13 developed the way It's written now•• not the way thry'M 11 gctting it them was we don't want them to come back text 14 coming forth tonight, but the way it Is tight today•• 14 week and ask for&F do on the test of this property 13 that line of housing would be sparlmrnts and would not be 15 because SPd coos hashed out several months ago,and you i 16 single-family; 19 that right or Is that wrong? 16 know the opposition you got on that. I Nak Mr Powell 17 Ms rvNm It could go either way. Under 17 will uodtt6t and,thaw our thing we're thinking about 16 the planned development that's already been approved,this I I there. 19 is for apartmento, llowcver, it wu•• 19 Sure,you can put more apartments••mare 20 CAPTAIN POWELL: That's what I sou getting at. 20 people in there,but you'll have kiss people in those 21 M.4.FIFA m Okay. It still requires a 21 apartments,I think,then you would in the boLsea. You 22 deviled plan. 22 don't hove its many kids In apaMmermU,l don't believe,u 23 CAP TAN POWELL: The plan development that's 22 you do in bmmc I'm not trying to block their 24 approved today,and if I'm right,meatus they could come In 14 development at anything. I think we talked about It 23 for a building permit tomorrow for wheel's Approvsd 104Y7 115 erwugh to get over that. But I do have Bono"+twat PI.ANNINO A ZONING JANUARY 27o 1999 Page$S - Page 88 24. Condcnseld" Page 89 Page 91 1 parking and the people that's going to be in the 6P-4o.- I will be developed just u we have no guarantees that 2 4,500•square•foot lots,but there's not anything that we 2 things will be worked out on the street. When they 3 can do about it now. It's been dome. 3 blocked off that street yeas ago,intending to take half 4 The other thing f would like to touch upon is 4 of our property for that stmt,they did not ask us them. 5 the fact there's 900 foot almost to the stmt at the west 3 It appears to us,based on the facts that we 6 end of this property,which I've been talked about •. 6 have observed,that the City of Denton and the developer 7 talked to quite a bit about the street being built down 7 arc in the process of going toward amdemnation on our e there,which they're wanting some of our properly. We I property and taking it in the best interest of the 9 have not been able to come to agreement on that yet. That 9 citizens of Denton for a street. We don't like this. We j to needs to be worked out before this process goes too far 10 Junk that it is Improper,but we want to be good I1 because you're going to have a traffic problem otherwise. 11 neighbor. 12 And 1 understand that the street going from wbere the SF-5 12 But we do want you to be aware that we believe 13 is Is not going to be built at this time until they get 13 that not all of the proper procedures have been followed, 14 the apartments done,if they do apartments I hope they 14 and we would like for these things to be resolved before 15 don't come back with SF-6. 15 any further development takes plea. Whether or not this 16 But I was concerrted that this was a backdoor 16 is possible under the laws,only the City can tell us. 17 approach putting these 6s in there. They may come back 17 But we do want you to be aware that we believe that the 18 later and say,well,we're going to put 6s on the res of Is procedures arc not being followed and we would like to see 19 it And that's one thing we're concerned about,and the 19 this rectified. We don't want to we you In court,and it 20 street and the traffic. And I think there's a id of 20 looks like that's where the City is beaded is filing 21 people concerned about the traffic because the' stmt's 21 against us because you can't build a strut,l don't 22 got to be built In there,and there's a big star a sewer 22 believe,on people's property without ownership of it. 23 under that street,also. 23 And,presently,the City does not own what they are Saying 24 So I would •-you know,it's up to them to do 24 is going to be a street. 25 whatever they went to do,but it hasn't been worked out 25 We have told them that we do not wish to have Page 90 Page 92 1 yet The ball's in their court. They made us on offer I the additional responsibility of caring for the street. 2 and we made them an offer,but they didn't accept our,so 2 And you know that anytime you build an area,you have to 3 it's a stand off, 3 maintain it from the curb back. Whether it belongs to you I 4 MR.E`:GELBaFCHT: I understand. 4 of the City,if it's in front of your property,you do 5 questions fox Mr. Gamble? Okay. 5 have to maintain it And so we, at our ages,do not wish 6 MR GAMBLE bid somebody say something? 6 to add this additional responsibility. So we'd like for 7 MR, E\GELBRECHT, No. I don't think there was 7 you to take these things into consideration and resolve 8 a question, 8 them early on. 9 MR r&MBt E, Pm not going to pay any 9 Thank you 10 attention to Bob anyway. It doesn't matter. 10 Ma.EKGELBRL c"T, his. Gamble--any questions 1 I CAPrarN POwFLL I wasjusi mumbling,sir, I I &x his Gamble? 12 MR.N'bL .I.BttECHT: I also have a card from 12 Mr. Rishel. 13 Norma Gamble. t y Ma.RESHEL: What are the procedural things t 4 Ms.GA%tw,F,r I'm Norma Lynn Gamble. I reside 14 that you feel have not been followed through correctly? IS at 2205 North Bonnie Brae. I'm here because 1,too,am 15 Ms.GAMBLE: Well, it's pretty obvious if 16 concerned about the fact that we have not resolved several 16 you're considering ••and it show's here the streets that 17 issues on this dcvclopmcnt You get a little bit lorry I? you're going to be using as the only access for these is when people tell you things have been done and they 18 people to get In and out, that if these issues have not +, i 19 haven't been done,and so you want to act in good faith 19 been resolved and if you don't own the property for the {, 20 and you expect others to set in good faith. And we are 20 stmt to be built on•- and we were told at one point 21 hem tonight in good faith, 21 that we were sent a certified Letter and that we did not 22 We're not here to block Mr.Shelton's project. 22 respond to it We never received the certifhed letter, 23 We're not here to cause conoems except in the arm that 23 and we asked for a copy of it••a photostatic copy of it 24 wt', as neighbors,are concerned. And that is about the 24 and the envelope , that we could we where it was sent 25 s 6. We have no guarantees that the rest of the property 25 and so forth and so ore. And when y'ou start getting PLANNING do ZONING JANUARY^' '""" Page 89 • Page 92 26 1 i i i Coadeeseld' Page 93 Page 95 it I oxrti6cd letters like that,it's pretty obvious that•• I Watson? Thank you,sr. 2 the direction you're going. 2 Is there anyone who is present who would like 3 MR.RiSHEL: Is this a letter from the City or 3 to speak in opposition to this petition? 4 a letter from the developer? 4 Yes,ma'am. Please give us your name and 5 Ms,cmbLF,: I believe that in the presence of 5 address for the record. 6 the city employee,they told us that it bad came from it 6 Ms.Boym My name b Jane Boyle,and I live 7 developer. We asked for copies and they were very 7 at 2400 Brooklake West, s agreeable to provide them,but that's been many weeks now s 1 would like to pretty much say what they have 9 and we still don't have copies. This Is just one of 9 said already. I would really like to see these be SF-7s. t0 several arras in which they've kirki of fallen down on to if you drive through the neighborhood that we live in, I t their responsibilities, and we would like to we them that I I it's very clean,most of the people park in their 12 them. 12 driveways,It's not terribly overcrowded, And,you know, I 3 MR.RIsHEt_: Thank you. 13 all of us are really conoem al about our property vdues, 14 MR ENGEtaRwrr: Any other questions for Ms. 14 as well. I am concerned about the density,the number of 15 Gamble? Thank you. is cars that are going to be getting onto Windsor Drive. 16 Is then:anyone else present A,hn would like to 16 1 think that we would like this 17 speak in opposition to this petition? 17 neighborhood••1 mean,I'm not saying that the houses 18 Yes,sir if you would,give us your m une and Is have to be the same size or the lots haves to be eaactly 19 add-rss,please 19 the same sine,but I think that we want it to be••we 20 MR. wA'tSON: Bob Watson,2200 Crestmcadow. 20 want it to blend with our neighborhood. And If you've 21 First of all, I'd like to say 1 appreciate 21 driven through our neighborhood, it's very clean, it's j 22 this Ioo:rd taking some of the issues that were brought up 22 very nice. And that's really all we're asking. We want a 23 last tine such as the fencing, the quality of the homes 23 neighborhood that will look nice neat to ours Thank you 24 that's going in there,and making the charge to the 24 MR.ENCELRRECHT: Questions for Ms, Boyle? 25 developers to ennsider thou things whenever they build 25 Brooklake West is where? Page 94 Page 96 1 these homes,and to try to crea-e a neighborhood that is I sus.BoYLE If you continue up Windsor Drive 2 going to last for 20, 25 years, And I think that 2 until You can't go any further,turn eft,and turn left 3 that's•- I'd like to comet nd the Board for doing that. 3 again,it's an L-shaped street. i 4 But I also have concerns about the S-63 going 4 MR ENGEtBAECHT. Okay. All right. I know S in there and would like to request that that be S•7s if 5 where it's at Very good, 6 that is going to be a consideration or not,but 10 6 Ms aoyi.E: So the back of our house sits on 7 certainly make a request fnr that In case that a property 7 Windsor Drive and the front on Brooklake 4 8 is going to be developed, then for homes there rather than 8 MR.ENGELe&ECHT: 'shank you. 9 for the apartments, so I would like to make that request 9 Ms. BOYLE Thank you to there. 10 MR E'NGELB RECHT: Is there anyone else present I 1 And I don't know if there's anything that this I I who would like to speak in opposition to this petition? 12 Board can du in whatever••they're looking at the quality 12 Anyone else present to speak In opposition to the 13 of the homes that go In there,but that's certainly a 13 petition? 14 contrm that we have, bccauu when You're taming up 14 In that ease,%t'li error the••at this time, tS Windsor Drive hen:and you're looking at the property,and Is we'll allow the petitioner time For rebuttal. If you k 16 that's going to be things that someone who is going to be 16 would give us your name and business address since we have 11 moving into the area,perhaps,if we ever were to Sell-• 17 a different petitioner here. is is gain,to he looking at as they make their way to those 18 MR.SHEOW Mr.Chairman,my new Is Brad 19 pieces of property So 1 would ccrtalnly hope ••and,of 19 Swim Bob Melton Enterprises,at 3505 Teasley Lane k, 20 course,we haven't scent what this is going to took like, 20 here in Denton We're the developers for the property for 21 but I don't know if there's any regulations that would, 21 Ryland Homes of Teaas. I know there's been some concern, 22 you know,say how that should look,but we ocrtainly would 22 and maybe I can address a few of them,if 1 don't forget 23 hope that the City would hate some consideration for that. 23 them, So bear with mc. 24 So that's my comments on that. 24 on the right-of-way,yes, it's a••the 25 MR.t:s'a"RECHr: Any questions for Mr. 25 right-of-way that has been constructed along Windward PLANNING & ZONING JANUARY 27, 1999 Page 93 •Page 96 26, t Condenseltlt" Page 97 Page 94 I Drive, it was on the thoroughfare plan from,I guess,the I and the apartment tract. a 2 early 80s from the City of Denton. With the property 2 Aparunent tract at this time is tinder i 3 that we have purchased,we're allowed to,hopefully,put 3 contract,and if everything Son forward,they will be 4 in our half-side street at some point in time, When the 4 closing on the property rnidSU1+mr. So all indications arc S Gamble'%sell or whatever happens at that point in time. S that the property is••we do have it under contract just 6 the oilier half will,at that point,be constructed. 6 to reassure y'atl that we're --at this poet in time we 7 We're noeding more or less a ten-foot parcel 7 are not asking to go back with an,P other type of unalier 8 from them,and so it's just a monetary standoff that a lots within the property,and we art going on with the 9 they're asking some and we're trying to give some,but 9 apartment project. 10 we're at an impasse at this point in time. It's not to 10 1 think the streets--I knew people have been 11 say that we can't get it done before proceedings go I 1 concerned that they think our streets are going to be 12 forward. And we would prefer to have that than have it 12 unsafe compared to the streets in the neighboring I S tied up in s legal battle at this time. As far as that'% 13 neighborhoods. I don't we that. I think,you know, 14 concerned,that's whore our standpoint is on that. We've 14 everybody over here wants to have a borne and have their 15 worked out with staff a little bit maybe trying to work 1 S kids out in their streets just as well as the people in l 6 some ways out to du some other construction procedures but 16 the next subdivision or anyone elst In the arcs. You 17 haven't been able to moot the criteria to do that without 17 know,the off-street parking,the 45-foot lots will have 18 having to impact on the Gamble's property at this time. 18 off-street parking. You know,we can't dictate if they 19 And there's been an issue about the fencing 19 don't park their c.n In their driveways,but it will be 20 everybody has brought up. We have visited with the 20 provided with the homes. So I don't know how we can 21 homeowners,the ones that are hero and in previous 21 remedy that with anybody else other than just people 22 meetings. The property that butts up to our property 22 having the safety factor of keeping their cars off the 23 right now,we are-- up to Westgate Heights,we will be 23 streets for the kids' sake. 24 totally replacing all their fences if they request so. 24 [don't know what else. If you think of 13 Some of the fences recently,I think,have been redone on 23 anything else,I'll be glad to answer them. Page 98 Page 100 1 their own behalf at which time t're other ones that are 1 SIR ENOELBRECH7': Questions foe W.Shelton? 2 older, they have the option for its to replace them because 2 Yes, Ms. Gourdie 3 the existing homes that we'll be putting in there,we'll 3 MS.M t DIE: Mr.Shelton,if you were to 4 be putting in new fences anyway with the project. So that 4 compromise with tk residents and go sr-7,how many lots 3 would be a requirement that would be stipulated with us S would that be differenaT 6 anyway, 6 !dR SITELTOM We ran a quick number,just real 7 There will lx some tom columns at the 7 quickly,about throe to four lots. a entries and then every SO foot down through there. There a NIS,OOURDIE: Okay 9 may be some monument markers where our curb cuts possibly 9 MR.ENOELBitzcv: ., ould like to Interject to tic in Wc'it do some monuments and some entry signage at 10 right here and ask W.Donaldsv;to make a comment. He's I I that point to -- notirying our-- designating our property I I also been doing computations up here, 12 at that point In these. 12 MS.OMPLDIE: Thank YOU 13 1 think on the 6,000-foot lots,the reasoning 13 Rtll DONALDSON: If I could,the minlmum lot 14 we've kind of cone forward with the 6,000s is that's one 14 width mquimncert in the sF-7 zone district is 60 foil, 13 thing that was allowed in the apartment zoning at this 15 which is what they're showing on the detailed plan Is a 16 point in time We didn't want to go••if it was our 16 60-foot-wide lot. The only difrerencc is that they're 17 rathcrs,we'd have 43s across the%tract from 43s, So 17 showing 103 foci of depth as opposed to a 18 it's not going to happen with the current zoning the way is 7,000-square-foot lot with 60 foot of width would require r t9 it is, so,you know,our next best step was going to a 6, 19 117 feet of depth. So the depth is the Issue hoe,not 4 20 So if you notice on our property,vve back our products up 20 the width They could,in fact,plat the same number of 1 21 to each other, try not to put them across the street from 21 SF 7 lots along that street. 22 each other for marketing reasons, So you can put this 22 MtL RISHELw Except the piece of property 23 sift hone,m this row and then try to keep them in 23 immediately behind it has already been sold or is in 24 continuity. So that was our request as far as doing the 24 contract. 23 6s,burfering it bctw=n the 75-- I'm sorry••the 431 23 MIL SNELTt7N: How many man feet,Mark,would PLANNINO do ZONING JANUARY°'' 'Am Page 97 • Page 100 27 t i I Condenseltl tat Page 101 Page 103 i we hoed? I for City Council? 2 MR.DONALDSON: 12. 2 MA BUCEK: Well,the normal theory Is you I MR.ENGELBRECHT: 12, 3 don't have to do a notice over if it's less. 4 MR SHELTON: i2 feel? If I knew I didn't 4 MR. DONALDSON: The restrictiveness is less, 5 have to come back again with another plan and,you know.I 5 but the area of notification has been affected •-or may 6 eoul3 say,yes,we'd give that 12 foot and go on with the 6 hav, been affected. 7 deal,I would have no problem with that. But if it's a 7 Well,it's more area and more restrictiveness, s sticking point to where I'm going to have to come back s but 9 again,because we're already In the engineering process, 9 CAPTAIN POWELL: Wouldn't this be less 10 unfortunately,because we've already got the first section 10 restrictive--excuse me for popping in here. But this 11 of it going, So We're In the process of moving dirt and i l would be less restrictive,wouldn't it? It's the same 12 doing all our normal procedures out here. It would take a 12 number of lots,but on a larger-- I3 lisle roengineering because we've got some drainage 13 MR.DONALDSON: It's less density, 14 issues on the backside of one of those lots Other than 14 NtR.Bum: The zoning is less restrictive-- 1 S that,you know,I don't want to hate to come back bcfom ii the zoning is more restrictive is what you're saying, f 16 y'all if at all possible. 16 which is good. If your zoning is more restrictive--you 17 MR ENGELBRECIrr: W. Powt:ll. 17 can always make your zoning mote restrictive,but we're Is CAPTAIN POWELL Mr.Shelton,make sure I Is talking gross acreage or-- 19 understand what you just said. I don't want to put words 19 MR ENOELBRECRT: RighL 20 In your mouth. You said you wouldn't have heartburn if we 20 MR.allcEx., And that's the problem we're 21 asked you to make these lob 170 foot•-excuse me-- 117 2 t having right now. And as I understand,if she acreage 22 foot deep is opposed to 105 and have the same number of 22 differences are de minimis,which means very small 23 lots? 21 difference in acreage,then you don't have any problem. 24 MR.SHELTON: Carrot. My issue right FLOW, 24 And the question here,if we're tall ing a tenth of an 25 unfortunately,is lot count. I've gotten myself scaled in 25 ace, that may meet that de minimi 4 rule,but I haven't Page 102 Page 104 I to what we've got,and we have the utilities and all the I looked at those cases directly,Mark,so I couldn't be for 2 stuff already being desig, -d at this point In time and 2 sure. 3 already complete,and so I have no problem with that. 3 MR ENGELBRECHT Yes, Mc Gourdie. 4 Like I said, my lust conxm would be 1 wouldn't like to 4 stil GOLIRDIE: Thank you for Opening that can S come back with this again. If I can say I'll agree to S of worms for me. Thank you. 6 that at this point in time and we're all In Gvor of it,l 6 MR SHELTON: We're here to try. Our main 7 have no prOlcm with that. 7 thing%w the width and Iincar of the street,the way 8 MR ENGELBREcH7: 01 just simply ask Mr. s we're presently got it designed,unfortunately, i 9 Donaldson I know in the past we have approved plans 9 MR.RLSHEL Mr. Chairman,I we W.Gamble 10 which,in fact,they would go ahead and send them the 10 with his I I updated detailed plan to Council or whatever. We've done I I sip ENGEt9RECHT: 1 know. I wanted to wait 12 that in the Pa4l,'f believe? 12 until we got through with the petitioner and then 1 would 13 MR.DONALDSON: Yeah, This Is a PD,which-- 13 ask M Gamble. Normally,we don't have somebody come 14 we've advertised it as a certain area contained within 14 back,b t -- 15 that boundary and we would be expanding that boundary. i 5 MP,.BucEx My suggestion on the legal issue 16 That's becoming more restrictive so that that's the sort t6 for you while we look at it is that y'all could make a I I of thing we can do. We're actually increasing the lot I I recommendation contingent on the legal review supporting 18 six. 18 it. , 19 MR. tluctx i think what you're saying is 19 MR ENGELB RECHT. Yeah. And I Just want to , 20 what's indicated on the map as yellow is like that's 20 Interject a point. You said there was a problem with one 21 200••say that's 2.2 acres. To do what he's saying might 21 lot in terms of grading or drainage or Something. 22 make 2.3 acres. 22 MR sni.TON: Well,if you'll notice,this lot 23 MR. DONAt.D50N: Right. Yeah. Is there any 23 right here,we've gee our••our drainage struchae goo 24 problem with us advertising it at 2.2,or whatever it is, 24 through the center. 11ey have an easement through there, 25 for P&Z and turning it around and advertising it u 2.3 25 so,you know,we'll have to lengthen that out and do-- PLANNING&ZONING JANUARY 27, 1999 Page 101 • Page 104 28. 1 t i r Condlcnaeltl"" Page 103 Pap 147 I MR.ENGELawtir: Extend the •-oh,okay. All 1 un6-stood that it was on the thoroughfare plan that we 2 right. lust extend the drainage easement? 2 had to build our half street at that point in time. 3 MIL SHELTON: Yes,air, 3 Ms.OOt1RmiE: N0. I mean,why•• 4 MR ENGEL6aECHT: okay. 4 MR SHEL7oN: We thought at the original when 5 Ms.GoUnnIE: i have another question. I 3 we started doing this deal,the contours of the property 6 didn't quite understand. You said you needed l o fat of 6 up on this upper end up here are significant. It flattens 't goes dawn. 5o tbse requirement at that other end 7 the Gamble property in order to do your 30 hoer 7 out as t g a right-of-way? Or is that what•-do you have 30 foot,or a would be negligible but would still need to require some. 9 what do you have? 9 And it's just•-I don't know how to address that, We're of a hall 10 honestly. 1 said,we visited with W.Solomon and i0 MR SHELTON: No. e re d ng street, y , it so we're 20 •- 11 others in the staff. That's on the thoroughfare plan,and thoroughfare Ian but , 12 Mx.DONAtD50N, You'd be 30 fat. 12 we're building within oroughf p they 13 MIL SHELTON: -right at 30 foot back to 13 have not at this time gotten the right-of-way easements 14 back. And so we've got••we're about•-actually,In 14 for that. 15 paving distance,we're about 3 I!1 to 4 fee in paving IS MR 6UCM Ms. Gourdie,let me be sure 1 16 width of meeting that criteria. But with the side slope 16 comment so we're char. Assuming this gentleman wasn't 0 and the requirements for the parkway easements and stuff 17 developing his had and the Gambles weren't devufWN Ill that's required by the City,the to foot is what we're IS their tract,because the thorm0far.plan Says that's 19 reeding, in essence,to build to obtain that. Actuilly, i9 where the road is going,if there was someone over to the 20 we visited with Mr.Solomon last week about that Is 20 right of the y-_llow mark-•which 1 guess that's to the 21 there anyway we could shorten It up on a short-term basis 21 east--the City could go in and condemn the whole area, 22 until such time as either the Gambles developed of we did 22 okay? And see that what happens is when the develops 23 something else somewhere down the road,and it just 23 comes in and we want them t s conform with the plan,we 24 wasn't-- 24 sometinics requite offside emement4,offsides 25 MS OGURDM t guess What I'm trying to 25 right-of-way. And what occurs Is a lot of times the slope Page 106 Page 108 I visualise is they lose 1 o feet of their property,and then I of the land--a lot of times you can get in a 30-Foot 2 they have to lose another 10 fat to make their 30 foot of 2 right-of-way,a half of a street,or whatever,what's 3 right-of-way if for some reason they decide to take all of 3 happening is•-what I'm understanding from what he's 4 it? 4 saying is the lay of the land there is requiring snore S MR mirtTos: No It would be included In 5 right-of-way then what was Intaaded,and this Is just an 6 what would be future development, 6 engineering Issue And so when those things occur,that's 7 Ms.(kwaDie Total 60-foca right-of-way? 7 not really anyone's fault. a MR.Simms: Yes,ma'am, Like I said,in all a But,at this paint,he doesn't have a 9 essence,is if that was actually going through right 9 rcspunsibility,rally,other than our subdivision rules to there,we need l0 fat or the 60 foot at this cumnt io and regulations to get any of that property. So we would I I time At some point when the Gambles do sell or whatever I I come to you and ask that the City condemn that in behalf 12 they do With their property,at that time,that 10 foot 12 or the City. Our subdivision rules and regulations would 1) Would be really just part or the parkway at that lime 13 require him to pay that cost of that in ort'er for him to 14 anyway. So we're trying to purchase, I guess,in essence, 14 effectuate that development. j 15 what the City is requiring us to have to build our street, 15 CAPTAIN POWELL: Let me seek A question here. 16 Like I said, unfortunately,we're at an impasse at this 16 Isn't that ten-foot issue only .vest of Northway,anyway, 17 point in time 17 and really doesn't affect what we're talking about 16 sm Gomm I guess I'm perplexed as to IS tonight? � r 19 how--1 mean,mind you, I'm not a developer-•but how 19 MR SHELToN Correct. 20 you could go ahead with plans and get your Iro and 20 CAPTAIN POWEtt BOCauSC we're east Of f r 21 everything set up without that knowledge th.t you have 21 Northway? 22 that property or that property is available To me,that 22 MP SHELTON; Yea, air. 23 is a forethought that was missing somewhere 23 CAPTAIN POWELL! Se that 10-foot Issue doesn't 24 MR.SHELTON; No, ma'am. It was thought out. 24 even affect these 105 by 60 lots that we're talking about 25 That was it question We brought from the day one We 25 tonight That's a different time, a different program. PLANNING & ZONING JANUARY 27, 1999 Page 105 -Page 108 29, Condenscltl tr' Page 109 Page 111 1 It's not tonight? 1 underground electric service and regulations under SF-7 e, 2 Nik ENGEt.BRECHT: That's correct. lbat's 2 will apply and neighborhood srvice shall not have 3 correct. 3 alcoholic sales and that them will be no gasoline service 4 CAPIAN POwELt: Okay. 4 In Lb,neighborhood services. And I have the ordinance S MIL ENOELBRECHT: Ms.Goladie,any other 5 hero 6 questions? 6 MA ENOELSRECIM Yea. TIM were the 7 Ms.Gmit:nm No,Mr. Engelbrecht, 7 conditions from that case in '85. 8 M0.ENGELBREM: CommiWoners,other 8 MS FANLY; Yes,sir,which Is still in 9 questions for Mr. Shelton? 9 effect '0 CAPTAN POWELL: Yes. Excuse foe,Mr. 10 MR ENGELEXECHT: Right, 11 Chairman. I I MR.RISHEL I think what his.Gntrdle wa, 12 When we worked on the other lots to the west 1I referencing--and excuse me if I'm wrong-•was the 13 of Northway, several people have mentioned tonight--both I3 conditions we had on page two which tat<ed about the stone -. t 4 sta1T,and, I believe,Mr.Shelton or maybe the other 14 columns and the fences and the fence colwrm spacing, 13 speaker--that there wee requirements for brick or 15 minimum of SO foot#part,and 100-pe ent-brick exterior 16 masonry•-or I forget how it was worded. Am I to 16 finishes on the first floor and 75-percent-brick 17 understand them's no requirements on these lots for that? 17 exteriors,first floor of two-story units. 18 MIL RISHEL' That's part of this. 18 Ms.FTti m. Those were attached to the zoning 19 CAP LAIN POWELL: That's right. Theft's no 19 that was dropped. ' 20 mqu remcnt, I don't believe. 20 MR RISHEL: Okay. I think those are the 21 MP SHELToN. And we place the same 21 references we're talking about that would be part of this 22 restrictions on it,yes,sir. it we had to do I%we'll 22 same subdivision. Are those restrictions consistent with 23 do the same restrictions as required on the 7,000-foot 23 the residences that arc planned right next to it that 24 lots 24 they're already in? 25 cAPrAtN POWELL, 1-et me rephrase my question 25 Ms.FINNEY: No. Those restrictions elm not Page 110 Page 112 I then of what I said a while ago. In addition to the extra I applicable to these over hem that ere already approved. 2 12 ra-t in the length of the lot,it wouldn't cause you 2 MR RISH EL. Are there some restrictions on J 3 heartburn to have the same restrictions with regard to 3 there that aren't part of these other--this other 4 4 masonry on rhea Iots as the other ones? 4 development? 5 MR SHELTON: No,sir. We were going to do 5 Ms.FL�NEY: lust the four that I read 6 that whether or not to make the property stay•- 6 regarding electric lines and the restriction of alcohol 7 CAPTAIN POWELL: Well,I think We felt it was 7 sales. 6 a goal thing to do. It might be good to require it in a Mit RISHEL: I'm glad you clarified that. 9 this zoning,and that might make the neighbors feel a 9 M5.GGURDIE: I guess I'm confused because it to little bit betty about this,also. to reads the Planning& Zoning Commission rocomrnendcd I I MS,CMRDM If I may MAC It comment. I1 r;proval of the request with four conditions. And you 12 MIL F.NCELBRECHT: Yes, Ms. Gourdie l2 said this wcs done an June Sth of 1998. 13 Ms.GGURnm In staff recommendation,it does 13 M0.ENGELBREcHT: But that cam was Withdrawn 14 say •- it's not recomn riding further conditions above the 14 by the petitions, It never went to Council. IS four already cutlirx-4 In Pala,Blocks A,B,C,and R So I~ Ms,GOUom Okay. SD it was never approved? 16 I'm assuming that they did include it in there ahea?y. 16 1 mean •- 17 MR.ENGELBRECHT: YCS,Ms Finney. 17 MR.ENGELBRECHT 80 what they did was 90 back 1s Ms FI-,NEY 1 need to make a point of is to the original PD. What you we there is- r 19 cla ideation 19 SIS.GOURDM Oh,1 undemwd. I'm just % A, , 20 MR FN'GEturm: please. 20 saying it's written very deceptively. Even though she 1' 21 Ms i to,,EY 'Those four conditions that are 21 µTot;the next thing,it makes it sound as though because 22 outlined In Sour report specifically talk about a coning 22 we approved it,it's still -• it will works even though + 23 case for this area last your that was dropped, the four 23 the City Council was withdrawn. 24 conditions that apply to this area, thls PD-se,have 24 MR ENGEt9RECNT: Thox ate not conditions" 25 nothing to do with brick. They have to do with 125 Ms OOURDm it's written awkwardly. PLANNING do ZONING JANUARY 27, 1999 Page 109 • Page 112 sill Condenscltl rA Page 113 Page 115 1 MR.BUCEx: But for clarification,W. I products and maybe y'all am not••they do a very good a 2 Shelton,you just agreed to reinstall those tonight, 2 quality,higher-end product even on a smaller lot And 3 right? 3 they're at this point trying to develop a new snorkel 4 MR. sHELTON: Yes,sir. Yes,air, We've got 4 product for these 43S. 'bCY've got something already for 5 no problem with that. 7Lat's been our intention from day S the 7s,which we're using in a couple of other 6 one Is that that's how the project would be built. 6 communities. And it has to be something that fit$along 7 Ms.APPLE: You want your development to be 7 vdth the 7s even,so,I mean, it can't be at the bottom 8 consistent. a end of the scale,unfortunately,because you're going to 9 MR SHELTON: Yes,ma'am. 9 draw away from your 7s, so you're going to carry yourself. t0 MR DONAIDSON: Do you want to use the masonry I0 So they're going to be harmonious through there. 71xy'll I I condition for the SF-7 lots or the onCS for the SF-3 lots? I I be a Little bit less priced, but they'll still have the 12 They're different. Te SF-7 says I00-pac cnt-brick 12 sane quality and the same product style as the other 13 exterior finish on the first floor. 13 MR ENGELBRECHT: Well,I could be wrong,but 14 MR RISHEL 77, 14 1 really think that's where our rub is Coming hero. is MR.DONASDSON: 71e SF-5 says 75 percent for is MR SHELTON: Oh,I'm sure. I hear that 16 exterior finish on the first floor. 16 everywhere,you know,from both ends. And,believe me, 17 MR RL5HEU You're suggesting that the 17 we've kind of got our reputation on the line bae because is 6,000 •• 19 we do a lot of stuff here in the City or Denton and as 19 MR,DONALDSON: Choose one. 19 elsewhere and so does Ryland. And so we want to da what's 20 CAITA1N POWELU Well,if we go to SF-7.t 20 right and do something so we can come back here and do 21 would--I would assume-• 21 business with y'al' again 22 MR RISHEL: 7 applies to 7. 22 MR ENGEURECHT: I have a••I guess it's a 23 MR LNGELBRECHT. Right. Ir we go to 7,we've 23 comment with regard to a statement you matte,and that has 24 got that•- 24 to do with parking on the slroct, 25 MR.RISHFL: -SF-0 going to apply to the 25 MR SHELTON: Yea,alt. Page 114 Page 116 I smaller lots. I MR ENGELBRECHT: As I perceive*bat you had 2 MR ENGELBRECtrr: Right. Any outer questions 2 to say•• and I may be wreng •• was,in essence, 3 for Mr.Shelton? Okay. 3 hopefully,they won't park on the street because they want 4 1 Just want to make-•I think it's it comment 4 to worry about the safety of the kids. And i really S more than a question or maybe it Is a question to you in 3 believe that••to some extent,anyway ••that's an 6 the sense that given the earlier petition that's been 6 engineering issue for the developer-- 7 before us two or three times and Council a couple of 7 MR SHELTON: 011,too. I s times, and one or the speaker's comments with regard to B MR.ENanauclrr. -that you can do things to 9 development along Fort Worth Drive,I go back and 9 help rrecludc on•strect parking. And given that your to reiterate my statement that we certainly see requests-• to stroels are not all that wide--I mean,that's baause of I 1 and you guys•• many of you are requesting smaller lot 11 our -- that's because of what we require You're building 12 sizes. And dkie appears to be a good deal or concem t 2 vhal we require--that doesn't allow for a lot of 1.t with regard to smaller lot sizes across the city. And 1 13 on-street parking and,yet•-for the through traffic and 14 really believe that it has to do with perceptions and 14 it's dangerous for children. And we know you're not 15 concerns for the quality of tie honk which results in the 15 building a house for the children to play in the street, 16 length of the life of the neighborhood. And that's what's 16 and our regutations are not-•we're not wanting the 17 really of concern to the city. That and one other thing 17 children to play Va the street,but we know they're going 18 that y'all mentioned. 18 to he in the stmt anyway. So we better kind or consider r 19 And as I understand it, what you're telling me 0 that issue, I think. 20 is is that for this entire dcveloptmnt hire,not only this 20 MR SHELTJY: And I agree. As a matter of 21 little tract,but tie others to the north-• or to the 21 foci,I was expressing that today with somebody. There's 22 west, that you do plan to use a good deal•- 75• to 21 a tot more tendencies now going the other direction. 13 100-percent-brick exteriors? 23 7'ej re doing narrower strocts in a Sot of other 24 MR.SHELTON: Yes,sir. And on behalf of 24 communities to keep people off the street and park their is Ryland,if you'll we -• and I'm familiar with all their 25 cars In thew driveway so the kids--because kids just PLANNING&ZONING JANUARY 27, 1999 Page 113 - Page 116 31 . t• CondenscItl rA Page 117 Page 119 1 do. They do play in the gvcc%and tleat'a Just part of I this, but I --yes, j r, 2 childhood, I mean,I've done it and everybody else has 2 MR.GAMBLE: This is not rebutting to anything 3 done it. We've played In the streets. And we're looking 3 he said. 4 at some properties back in the E+st,and It's coming this 4 MR.ENG£LBRECHT: We need to get YOU at the 5 way a little bit u communities understand a little bit S microphone so we can get it on the record. 6 more about that. They are Some places are narrowing the 6 MR.GAMBLE: This is not a rebuttal to 7 streets versus widening them to keep the traffic slowed 7 something be said. It's just additional information about 8 dawn. 8 the street- 9 MR E\GEt.9RECHT: Thai's another option. An 9 MR.ENGELS RECHT: If you would,give us your 10 option is to make the street narrow,preclude parking on 10 name and address for the record. I1 the street,deny it,and then you don't have the problem, 1 I MR.GAMBLE: Gene Gamble, 2205 North Bonnie 12 And that's an alternative. 12 Brae Street. 13 MR SHEtTGN: Believe me, We're doing that In 13 The way this starW out originally,they just 14 other properties right at this time that we're working 14 needed 1Q foot off of our property because they're going 15 with in other cities. And we're doing stints that don't is to put 3 1/2 foot of street on our property. Okay? 10 16 have full thoroughfare. 77eeyjog over;they turn;they 16 foot? But what 1 want to clarify is this. 110 City carne 17 have median breaks and stuff see they keep that full 17 in and said,no,we want another 20 feet for construction 1s thoroughfare traffic from flying through there,and,you i 6 easement,which they would have, for-•you know, 19 know,so we're trying to address those issues In other 19 temporarily,until they got their construction done. 20 properties. I wish we could do it here,but we're kind of 20 MR ENrELBRECHT: Right 21 tied,unfortunately. 21 MR GAMBLE: He said something a while ego 22 MR E\GELBRECHT: 1 understand. 22 about maybcjust reeding the 10 foot 7hat's news w me. 23 MR.SH£tTON: Tut,yes,it Is an Issue,yes, 23 If that's the situation,I don't know. But,anyway, 24 sir 24 that's what's motoring this SituaCsw with the City, I 25 MR.ENGELBAECHr: All right. Thank you. 23 want you l0 urtderstaml,becau7G he City was Insisting Page 118 Page 120 1 MS.APPLE: i have a question. I that they have a 20-foot construction easement for grading 2 MR F 4GELBREmr: Yes,Ms.Apple. 2 and this,that,and the other,which is a nuisance to us, 3 MS.AP:r.E: What square footage and price 3 because I have cattle in there,sad 1 don't want to get 4 range do you anticipate for this neighborhood? 4 run over because that comes through me,not yell. 5 MR.SHELTt2N: Fm putting my neck on the line. 5 But,anyway,he just mentioned the 10 feet. 6 1 really don't know. I think 12, 13, 1,400 on the smaller 6 But they have 3 1!2 feet--and I thought maybe this would 7 lots,upwards;and i think they'll probably get into the 2 7 clear some of these things here -• 3 1!7 feet of concrete 8 to 2,200 square foot on the -• maybe even a little bit 8 on our property,but they need 10 foot so they would have 9 bigger on the 7s. And that's just from what I've been 9 some room between the fence and the street-- I o told, So that puts you--they're probably going to start 10 MR ENGELBR£CHT: Right, 1I in the low 80s and go to 120,somewhere in there. Now, I I I MR GAMBLE: —the curb. So I just wanted to 12 could be c6n5pllWy off base,but just by knowledge of 12 make sure that y'all understood that because I wasn't 13 what they have to spend out there to do the property, 13 trying to rebut anything he said,but I was going to add 14 they're going to do it a little bit nicer than typical. 14 to what be Bald. 15 M4.APPLE: Thank you. IS MR.ENGELsitkarr: No. Actually,that had barn 16 MR LNGELBREcmn And if One of the 16 presented to us earlier at an earlier mating. 17 Comnilssioncrs wanted to buy one this cvening, are you 17 Thank you 18 ready to sell them one? to CAPTAN PowELL: Mr.Gamble,if 1 could talk 19 MR VFLTON: Sure. 1 guess 90. CB send 19 to you about this other stuff here. I know 1 so you A , 20 you in the right direction,l guess. 20 caught up there now. 1 `, 21 MR LNGELBRECHT Any Other Questions fa Mr. 21 MR GAMBLE: Okay. 22 Shelton? 22 GlrTA1N PowELt. I believe when you said when 23 l7kay. Thank you,air. 23 you were up here before that you were interested it 24 MR SHELTGN: Thank you 24 7,000•aquare-foot lots hat Don't let me put words in 25 MR ENGELBREMT: 1`'smelly we don't allow 2S your mouth but didn't you say that You would like to,ee PLANNING do ZONING JANUARY 27, 1999 Page 117 • Page 120 32, C' I Condenseltl' Page 121 Page 123 2 7s here rather than 6s? 1 And they're not of good construction. And some of them w, I MA GAMBLE: Safe. I are wrecks. I CAPTAIN POWELL, Okay. Do"the satra 12 real S So,one again,we arc••the City of Denton 4 in the lot length,making it a 7,does that help what Wu 4 is taking one hock of a chance on these 4,500s,and 5 %rre aftcr7 S certainly hope that you put some restrictions on the 6 MR.GAMBLE: 'That's one of the things D was 6 4,500s that they're going to come through looking like 7 after. But the other thing i was after,l just wanted to 7 they're••like something that you wouldn't be willing to I make sure that they don't come back later and say we w.tnt 8 move into. 9 two more streets at 6,000-square-foot lots. 9 But 1 definitely want the 7s dowr them. 1 10 CAPTAIN POWELL: 1 understand. 10 don't want to go down to 61. What happens? 11 MR GA.MBM Because the way it's designed, 1l CAPTAIN POWEM We understand,sir, 12 the lots will butt up to our property at the end. 12 MA ENGF-LBRECHT: Yeah. We got it, 13 CAPTAIN POWELL: I tmderstand. 13 CAPTAN POWELL: Thank you very much. 14 MR.GAMBLE: And so that puts us at a 14 MR.Enmt1NmN: Thank you very much. I I disadvantage as far as us opposing iL 15 CAPTAIN POWELL! Thank you for giving me that 16 CAP TAN'POWELL: I got you Thank you Very !6 leeway,air. 17 much,sir. 11 MIL ENGELBRECBT: I had already taken some. I s Mr. Chairman,this is an unusual request,but 18 felt I owed you that much. 19 1'd like to ask the gentleman on the front row if••it,a 19 14'e completed the petition and rebuttal. At 20 just s question••if I may,if he would speak to Lae, 20 this time we'll close the public hearing. I have to tell 21 also 21 ymr,l gave a little leeway on this case. This Is my 16th 22 This possibility of creating 1•foot lots 22 year on this case and the Gamble's 16th year that 1 know 23 here .• 7,000-square-foot lots,wes that help you feel 23 of. This developer is different. Mr.Edmundwn's 24 any better about this? And if you don't Aunt to answer, 24 subdivision wasn't there at the point in time,but it's i 25 you're not obliged to, sir, 25 16th year,so 1 figure I'll take a little 1.7L•way this time Page 122 Page 124 1 MR.MELBRLCRt: If you would give us your I where I might not normally. 2 name and address for the record. l Okay. Ms Finney, any final staff remark+? 3 MR.EDMUNnSON: Tom Edmundson, 2228 3 MS.PIN'.rM I would like to make a 4 Cmstmcadow. 4 clarification. The original rating did say that the lots 3 1 am here for only ore reason, and that is to 5 would have to comply with our zoning ordnance for the 6 See that I get the hest that I possibly can out of the 6 SF-7 districts for the single faanily. And if you choose 7 developer. And I think the devetoper owes it,not only to 7 to put that on this,as well,taah of those residences 8 the city,he owes it to everyone that lives there in that a would be required to provide two off-street parkings;K 9 area 9 househuld. 10 I'm glad I came back because there is a 10 Staff recommends approval of Z•99-062 and is 11 private developer just two blocks away who has opened r of recommending further conditions above the four that T 12 sr-75;he h'ai iridividual builders building on those Iots t . read regarding underground electrical and the axle of 13 They are nearly completed. lie has now opened a second 13 alcohol and so oft and so forth because this development is 14 ,trey,of sr-109, and he's going to make a success out of 14 compatible with the already approved detailed plan for Is tat. I5 Blocks A,B,C,and D of Windsor Ridge Estates. 16 I feel sure t11k enterprise can make s success 16 M0.ENGEt9REtMT: QUcstions for Ms.Fiflwy•• 'I 17 out of moving these to 7s. I mean,you listen to him when 17 Ms.oovantE, I have a question maybe. 18 he comes up here,and he's crying like he's got tears In is MR.EINGELBRECtn: • or staff? ! 19 his eyes that he can't suck up and put 7s In here. Ile 19 Ms.coxivE, I'm confused here. Well,l know 20 can. Now,if he has to go back to the people who bought 20 that we're only dealing with this one road,but,here,we / 21 the other,that's his problem. But our problem is that We 21 just got through doing this other one over here where we 22 want to we a first-class operation,and that Will be the 22 had one en4ance on Stuart Road because these were so many 23 only 6s in that area We have already sucked up and put 23 different entrances up on one road. And it baffles the 24 4,5009 VC7ere else? Where else? The only place,as you 24 that we're permitting a rrbdivision to go In with straight 25 said,over by Strickland,and those we old as the bills. 25 t!roughs—you know,one road right after another after_ PLANNING & ZONING JANUARY 27, 1999 Page 121 • Fage 124 13 c condeoseltlasn Page 125 Page 127 1 another•• on a 60-foot right-of-way road which is the I that entrance way, And in this particular situation,any j s 2 same size as Stuart. And aren't we just creating the same 2 one greet contains,at most,about 35 to 40 lots, And if 3 problem as we created before that we were trying to avoid 3 you consider the fact that they will be splitting the 4 and we made this one developer go to one street because 4 directions they go to leave--part to Winds",part to 5 there were so many openings? 5 this other Ncrthwrey--north whatever it is-•that,In 6 I'm just saying this I%I realize,is moot 6 fact,here would never be a great deal of traffic going 7 point,but shouldn't we be aware of this,that what we'ra 7 in front of any one particular home. e doing is putting all or these aI onto roads in 8 Ms.oouRrim, 1 was thinking more of the 9 developments like this? Sven though it was a 1985 thing, 9 concern of the pedestrian traffic. ?bat's my concern,was 10 shouldn't we have been aware of that? And isn't this just 10 that you've got more entrances to be aware of;more people I I going to add to the congestion,one more straight I I malting right and left-hand turns;less ability of people 12 thoroughfare road that's just going to open up on both 12 paying attention. 13 ends to a 60-foot right-of-way? 13 MR.ENGELeRECHT. And that's a trade-off. 14 MR. DGNAttis r: The plat as it was approved on 14 That's a trade-off you get for that,but you have less 15 the Consent Agen a meets our subdivision requirements. 15 traffic inside the neighborhood. le With Anton Garden Addition and the two entrances,the 16 MS.GGURD:E: I realize this is it moot poinL 17 primay Issue was the number of intersections and 17 1 shouldn't have brought it up. Cm Just kind of 18 triggered prunwily by the extreme number of intersections I8 concerned becausc 1 see this--I don't want this to be a 19 on the other side of the road. As you recall,then were 19 trend that we're starting to do, 20 streets and there were alleys and something,like,five" 20 MIL ENGELBRECHT: Well,the question is: Does 21 six intersections on the other side of the road plus the 21 the neighborhood become more"less walkable? You have 22 additional two that were proposed. We don't have that 22 more turns,but at the same time,you have less traffic on 23 situation here 23 the street I happen to have one street in my 24 We have established median cuts in Windsor. 1 24 neighborhood that generates--it gapers most of the 25 believe that limits cross-traffic and that start of thing. 25 traffic in and out. And,as a result,it's questionable Page 126 Page 128 I It's not desired the original PD approach that they came 1 whether it's a very good street to walk on because it is 2 to us with was a superior street layout in our minds And 2 serving as a collector f"five"six streeh as apposed 3 because of neighborhood opposition, that was dropped, So 3 to if every street had an Immediate exiL So which is 4 they went back to this original detailed plan and platted 4 best? I don't know. 5 it according to it and plated it according to our 5 MS.ow"IE, We'll sec in ten years when it's 6 subdivision regulations. 6 full development and everyone is coming back here 7 MR ENGELDRLCHT: So if the Gambles sell their 7 complaining that they can't get out of their neighborhood, 8 land,then whomever builds on that is going to be able to 8 W'e'll ace which Is the better route,right? 9 do straight roads all the way through and just have one 9 MA ENGELSRECHT: I know. While we're on the 10 big,you know,going through Westward-•if for some 10 planning issue,you know,we Just--we're asking the i 1 reason Ryland just -• 1}n sell to Ryland,and Ryland 11 neighbors,and some of us, it would appear,u we're 12 enmcs in,says;6kay,we're going to mimic what we just 12 questioning the developer,have asked this developer to go 13 did,we're going to mirror it over here,does that meant I3 to SF-7 across from 4,500,which—when it was 6,000, 14 we're Just going to continue straight-throe h roads like 14 And I'm not sure that there's too many plannm that would 15 this and slam doing subdivisions where we're just I s suggest that that's a very good transitional method to 16 gridding out our suhdivislons7 Is that how it works? 16 go--you generally want to transition back to back with 17 MR DONALDSON: They Could. Mt13f people don't 17 different sizes. This developer was transitioning across I a like la do that, A lot of planners would prefer that 18 the street because he had the requirement for 6,000 square r 19 because it gives people a great number of options u far 19 foot. But Were going and asking him to make it larger, ti io as traffic patterns. But the prevailing development 20 which, in fact,there's some question about whether that / ,r 21 patterns is not to have s griddcd pattern. N is 22 MR. ENGEtaRECHT: In my opinion,you get■ 22 MS.GMRDIE: We're doing it right here for 23 track:-off. In that subdivision that we wen talking about 23 4,900 square up against SP-7s. So it's not--it's 24 earlier,there are 182 homes That means there's 182 cars 24 obviously going to be a new trend. 25 that are going to pass by those folks that live closest to 25 MR.LNGELERECHT: Right. It's being done in PLANNING & ZONING JANUARY 27, 1999 Page 125 . Page IN 34. r Condonscltlr"r Page 129 Page 131 I this neighborhood,but I'm just•• t zoning issue,but it's the description issue for the 2 Ms.GGURDna: It's being done in this 2 paper. 3 neighborhood,too,now. I mean,we're not concerned about 3 CAPTAIN POWELL: I will add to my motion, if I 4 that issue anymore. Obviously,we're concerned about 4 may,Mr.Chairman f 5 selling lots. 5 MR ENGELBRECHT: Please. 6 CAPTAIN POwELL! Mr, Chairman. 6 CAPTAIN PGWELU —that this will be subject 7 MR.ENGELBRECHT: Yes,Mr.Powell. 7 to a legal review by our staff attorneys, 8 CAPTArN POWELL' If it's appropriate,I'm a MR.BUCEK: Regarding of the legal 9 ready to move on this Issue 9 description. 10 Ms,GOURDIE: Move. 10 CAPTAIN POWELL! Regarding the legal I I MR,ENGELBRECHTI Have you got a question Over 1 t description,basically,the size of the lots. But we're 12 there? 12 not approving 6,000. 13 Mi NILL: 1 was going to add it statement. N3 ML FNGELBRECHT: Correct i 14 concerning the street layout. I know it realty isn't an 14 CAPTAIN POWELL: Tbenk you, Mr.Chairman. 15 issue for this zoning ease,but I just,for a point or Is MR, ENGELBRECHT: Yes,Ms.Apple. 16 continuity, we would have prererred the previous stroet 16 CAPTAIN POWELU Excuse rite,sir. I'm sorry. 17 layout because it did have Iess connections to Windsor 17 But since it's been changed,we need a second to that is Drive. But this particular planned development and I s change. 19 detailed plan was approved back in the 1980s before we had 19 Ms.GAN2ER Second. 20 the regulations that we have now. So even though we don't 20 MR ENGEL13RELM: We have it 21 necessarily care for having that many streets 21 Yes,Ms.Apple. 22 intersecting,wr absolutely have no control over it. So 1 22 14S,APPLE My question is: Did we need to 23 didn't want you to think that we didn't,I guess,watch 23 include the staff recommended conditions,also,that did 24 what we were supposed to be doing on this one,and then we 24 not pertain to those? Did we need to include 25 did on the other. 25 CAPTAIN POWELL: l thought they were I Page 130 Page 132 1 MS.OOURDIE: 1 realize your hands are tied. I automatic. 2 MR.tint: 1 mean,there was a reason we 2 MS.APPLE: ••the rout? 3 didn't do it on this one 3 Ms.GOt-iRDIE: Those Were already a part of the 4 MS.GM Rmt: Right. You're tied, and that's 4 general PD. S why•see need to rcvicw PDs and bring them up W regulation 5 MA 6\GELBRECHT: This Is simply a detailed 6 MR ENGELBRECHT: Okay, Mr.Powell, 6 plan off the concept plan. 7 CAP rANN POWELL: Thank you, Mr. Chairman. 7 M4,APPLE: Thanks. a MR.FNGLLBRECIIT: Thank you,by the way. 8 MR. ENGELBRECHT: Okay. Any other discussion 9 CAPTAIN POWF.LL: t Would mote to recomfnend 9 on the motion? All in favor please raise your right hand. 10 approval of Z•98-062 with the following conditions: 10 Motion carries unanimously. 11 Condition No I be, that the lots be expanded to I2 It is 9;00 o'clock. How about we take ten t2 7,000-squaie'-fdot minimum;condition No. 2 be none 12 minutes? We'll move on to our two others. 13 columns in the fence;condition No.3 be fence column 13 We're going to take a ten-minute break at this 14 spacing to be a maximum of SO foot apart;condition No 4 14 tune. is be the construction to be 100•percent•bHck exterior IS (Break taken.) 16 firish on the first floor of homes built on these Iota, 16 MA E'NGELBRECHT: Okay. At this time WC will 17 Ms GANZER Second, 17 monwrte the meeting and continue on with item No. 8 this 18 MA.LNGLI.BRECHT: We have a motion and a t8 evening which is to hold a public hearing and snake a i 19 second, Any discussion on the motion? 19 recommendation to the City Council regarding an ordinance 1. 20 his Gourdie 20 of the City of Denton,Texas,amending Chapter )5 "'Zoning" ( r 21 M.S GovkmE 1 was just wondering. Were we 21 of the Code of Ordinanod of the City of Denton,by 22 supposed to put that stipulation pending review of the law 22 revising Section 33.7 and Section 35.44. 23 to have it••the acreage increased? 23 This has to do with notification within the 24 MR BUCEK: t would appreciate the fact 24 extended area beyond the 200 foot which Is required to 3S we're talking about the quarto-acre Increase. It's not a 25 rot an additional 300 fact to a total of 500 feet. PLANNING & ZONING JANUARY 27, 1999 Page 129- Page 132 35. ATTACHMENT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 84.133 TO PROVIDE FOR A DETAILED PLAN FOR 2.338 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 86 (PD-86); THE SUBIECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF WINDSOR DRIVE, EXTENDING TO THE NORTH SIDE OF WESTWARD DRIVE„ APPROXIMATELY 1,037 FEET WEST OF BONNIE BRAE; PROVIDING FOR A SAV,NGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 52,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.(Z98-062) WHEREAS, on October 16, 1984, by Ordinance No. 84-133, the City Council approved a change in zoning for 52,9 acres of land to Planned Development 86 (PD-86) Toning District; and WHEREAS, on December 16, 1998, Carter and Burgess, Inc. on behalf of Rylane Homes,submitted a Detailed Plan for 1,338 acres located within PD-86;and WHEREAS, on January 27, 1998, the Planning and Zoning Commission unanimously recommended approval of a Detailed Plan for 2,338 acres with modifications;and WIIEREAS, the City Council rinds that the Detailed Plan is in compliance with the Concept Plan for Planned Development 86 (PD-86) zoning district, the 1988 Denton Development Plan, the 1998 Denton Plan Policies and the 1999 Growth Management Strategy; NOW,THEREFORE, THE COUNCI L OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That Ordinance No. 84.133 providing for the approval of a Planned Development Zoning District Classification and Use Designation for the property described as PD-86 is amended by approving the Detailed Plan attached hereto and incorporated herein by reference as Exhibit "B" for 2.338 Pyres located within PD-86, more particularly described by a legal description attached hereto and incorporated herein by reference as Exhibit "A", with the following conditions: 1. That the minimum lot sire be 7,000 square feet. I 2. Stone columns bu placed in the perimeter fence. 3. Stone fence columns to be placed at maximum fifty foot intervals. 4. I00%brick exterior finish on the first floor. SECTION IL That the provisions of this ordinance as they apply to the 2,338 acres shown in the detailed plan herein approved, shall govem and control over any conflicting provisions of Ordinance No 84-133, but all the provisions of Ordinance No. 84.133 as they 36. G I L I apply to that remaining portion of the district not herein amended, shall continue In force and effect and shall apply to the remainder of said di strict. SECTION]II: That a copy of this ordinance shall be attached to Ordinance No. 84.133 showing the amendment herein of Proved. t SECTION IV: That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding 52,000.00. Each day thrt a provision of this otliname Is violated shall constitute a separate and distinct offense. SECTION V: That this ordinance shall become effective fouttee-i (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-Chrcnicle, a daily newspaper published in the City of Denton, Texas within tcn(10)days of the date of its passage. PASSED AND APPROVED this the _day of . 1998 JACK MILLER,MAYOR ATTEST: ]ENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY BY. I 37. r . c' EXHIBIT A 4 f �LEM DESCRfYIN �LLOD[NIDI1ME�CIppkTRACT OF tj MTWt�W1 ►�k�itpl Y� tallkpt N0.4S.pTt OF fdlTT�IE SMRSi` RT TTANEA 4 C ii •i'FOIIO TO J�li'S� 1p1 &6CCYF�E� fChTOpy1�Y 01JpIIOEii jaMW1pTHE 94 W.SAY CW TRACT.A DlSTAku W IMS1PUT PON TO 1CHE ►0N1 Of �OIFMC 71�E NGCN,�&2f ClMll SIUCT.A 04TMa OF 10.00 PUT THENCE CONT"04 OVER AND AtT$ THE SAID MARY CM.tFOCT 1t0 FOLLOWPO CALLS, S OP DS'W W.AALpWAKE Of OU./f11RFUT t0 Ay�NrA),11�0ui i1 1tt p��� yp�� pI Ip� y. AOtOSNND CHOAOYTA IEARi S Iarri'O3' A 04 MKEAo IOf.tsojI IW al164TANCEAIOS.ET FIT IOF 1611 N WON E.A O6fAhM W IMS PUT 10 A POM11 I I �g pp�S i1'�/W0 SS4 E.A 0 TTIyO�W $0446 PUT 1M0 THE pPOM�TT OF KOI pN�N/O Mp CON1AD, I.SSF AM OF LMO YORE DR LESS. TMID►Esmur+INOAf tNO AC to �4!,m"T�EtilfTC YIE vI1C01N[OIIw Kcrw I Of tw i i 4 / I 38. { i I Mr ...,,.„,_ .^ a•navxw, sr.wouros _ 1x'1'3'..... .........» a'rt,aowcwt t„wOw•DS wF «.. . wa YM•R. u r..�':`wiu'r: r ' 1 rr•nr tar KIN �11 1 IIIr M 1 'S '� •., � vr ' W , r •�r ,�, •1 1, lL f 1 Y Y 1 • \ ' � .J'. r � • • �'' i Li�� \ fjl�'61'1'tY'.711'OS�AFSM'R'6r M I rOl • r1 � ,�y���r.r,l/rr I • I� / • Y i rw rr��'1' ,Y- \ If1 'NI1.M-01f16.Y M'91f l�Ywr•r R./Y1 Y•�rY�rM,Y I ' r • it 1 w i •Y��M'�L JdYl6 y i Y, • w 'I ''�, I I ._ 'i I • � �. ..� � � Elm su• I . Y �'-Y•' ./�' Ipll J ' nn d IKVI” C'JLW1011A �� JR V ,tR t I P l�'1 tl Sqr try [1.119 ftsw 19'0 �fYll ...,. ._4sIQ9BM5s011gre'd5AMm74gn JN.10 1999 fi<237 ATTACHMENT 4 $� AN ORDINANCE AMENDING THE ZONING MAP Of THE CITY Of DENTON, TEXAS, AS SAME VAS ADOPTED AS AN APPENDIX TO THE CODE Of ORDINANCES Of THE CITY Of DENTON TEXAS BY ORDINANCE NO. 69.1 AND AS SAID MAP APPLIES TO 52.9 ARES OF LAND LOCATED AT THE SOUTHYEST CORNER Or BONNIE BRAE AND PAYNE DRIVE, AND I8 MORE PARTICULARLY DESCRIBED hEREINo TO PROVIDE FOR A CHANGE IN ZONING CLASSIFICATION FROM AGRICULTURAL "A" DISTRICT CLASSIFICATION AND USE DESIGNATION To PLANNED DEVELOPMENT "PD" CLASSIFICATION AND USE DESIGNATION; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL Or THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. That the toning classification and use designation of the following described property, to-witt All that certain tract or parcel of land situated in the Prattle Batman Survey, Abstract No. 43, Denton Countyy, Texas, beit`` the same 52.98 mere tract conveyed by J. A. Gladish at lax to V. C. Collier on November 15, 1951, recorded in Volume 3740 Pegs 6091 Dead Records of said County and being mote particularly described as follows: BEGINNING at the northeast corner of said Collier tract in the , middle of a public road; THENCE south 1053' vest with the middle of said road and the east line of said Batsom Survey 1145.38 feet to a point in said road; THENCE north 87025' wait with a fence most of the way 1200.81 feet to a fence corner; THENCE north 2'13' east with a fence 95.7 feet to a fence corner; THENCE aorti. 87423' west with ■ fence 899.06 fast to a fence corner; THENCE north 2'06' east with a fence most of the way 1041.19 feet to a point in the middle of an eau-vast public road; THENCE south 87838' east with the middle of laid public road 2095.96 feet to the place of beginning, containinS in all 52.986 acres of land, is hereby changed from Agricultural "A" District Classificettoa and Use designation to planned Developmeat "PD" Classification and Use designation under the comprehensive toning ordinance of the City of Denton, Texas. SECTION II. That in approving this planned development district ordinance, the City Council hereby approves t%o comprehensive site plan for the areas designated for einSls•fsmily "Sr.?" use as shown on the attached site plan and designated as Blocks A and B therein. SECTION Ill. IE ! That in spprovinjj the planned development distriet ordinance, A the City Council hereby approves the preliminary sits plan showit t F C the proposed land uses within the areas designated as Blocks C ani fry D for taro lot line use, Blocks E and Y for Sul ti•famillr (10 acres) us a, Block H for neighborhood service (6.32 moral and !locks r and 0 for multifamily lass (14.9 actea). Prior to the iesuatce of any building permit for development of those uses listed in this Section Ill, a comprehensive site Ion shall be required to be submitted and approved as part of his ordinance in accordance with Article 11, Appendix I-ZoniftS of the Code of Ordinances. 40. 'I I I� 'II SECTION IV. That prior to issuance of any certificate of ecru Orley for the use of any building within the ,nleened davel"it district, the follovinS conditions shat% be mat I. Electrical aervica @hall be uaderground except for major trans- mission lines. 2. That all rajulattons of Apppe*dix S-ioain� oC the Coda of Ordi• nanees applicable to sit,ls-ferny vsr-7 distrlhekts shall apply to the $Eta plan doss nated for single-,foal%- WI" land use, unless otherwise specifically stated herein. !. That in the area designated on the site plan attached hereto as "Neighborhood Service there @hall be to isles of alcoholic beverages, either for on or off-premise consumption. b. That in the area desisnatad on the site plan attached hereto as "Nai hborhood Service" there shall be to gesoline service stations permitted of motor fuik! dispensing pumps or devices of any kind. SECTION V. That the development of the property @hall be it @ubsta Otis 1 compliance with the site plan attacW hereto and aide a part herds[ for all purposes. The toning Map of the City of Denton, Texas, adopted the 14th day of January, 1969, an Appeodix to the Code of Ordinar.ea, Q! chi City of De to nton,Texas under Ordinance No. 66, , be •:,d the lama is hereby amended to show such change in Distr at Cfassifiea- tion and Use subject to the above conditions and speeificati"s. SECTION VI, That the City Council of the City of Denton, Texas hereby finds that such change to in accordance with a compr0s olive plan for the ppurpose of promotiog the general welfare of the City of Denton, taxes and with reasonable consideration, Amos other thins for the t�saractor of the dL@triet and for its p4tuliar suitability or articular uses, and with a view to cooserrieg the value of the 4ildinjs, protactln human lives, and @AeoutaSta6 the most appropt ata uses of and for the maximum benefit to the City of Denton, Texas, and its cltitens. SECTION VII. That this ordinance @hall be in full Cora and effect ism♦di• ately after its poseage and approval the requited public hear 11 _ havin`t heretofore bee* held by the harming and Coming CommLniod and tF,a City Council of the City of Denton, Texas, after giving due notice thereof. PASSED AND APPROVED this the „Itday of JoAd 1954. V Y �V i CI OF TON, TEAS ATTEST! CITY OF TEXAS APPROVED AS TO ttCAL FORMS JOE D. MORRIS ACTING CITY ATTORNEY CITY Of DENTO�V, TEXAS n 41 .w i i � fl MY Yn11'� N •NNP 1 PiM1 1{a/VLfY1/L f9•I( 1 % / jprK II NL . Y4H./ W: 1 LN q• Ir+ ' I NI• 001 ft VIi.Y.1 f u I 'r.1/ . .•. 1 ..., 1 � � ••� , f I /f � , •I f / r HE 1 IL 1 fill . f \ wLn nl r. 1} 1./• ♦/ .1 .w I X 1 1 I . ♦ ♦ a 1.1L:..!rlr {. If '1 I.PVly/ i 1 1 1' 1 1 • ,Y �I. /.' L . {� �j �ti j' . ffV/ ' %I'Y t .! • ./ • ' I fl • Mw•LN � .�� / •^/:p � r I .V/.I4LLfIL ::•.f s •, � ,'/ Y ♦ 1 L rte. '� f N 1 \ ! 1 + �✓ •ice ♦ i80 1 • • ' — ' N 1 - I � j .• I / n 11 .I.ae 1t1{ I"'` {• 17g1'le�j:G'.S. I 1 r f y 11 w'Vf•l ,. ..Yf LLrl ui w'.!4.4ri • � I iwn�ua ' � r Iiili7�i • k/,1 I.N• ^ I I Iif• •11i1 fr I I l Y 3 w rAU� DIVLL01'YLYI Si Alt ODS } 13t77:..r..•lr wY,.r. D(KIDMMi STAKARDS YI Yw rsuv MMN Al �fYlRr .w ww„r w• f R YA•AY A° N�1i w�iiw".ir• A 111%r KP ILA 1 YMMM � � ♦ •' '— '� An r I _ ..."..p. w•r•r.�.r .,� I 1 n �I'•+Y 1 � '1. YYIYAM L°KA t �� r'y%[ YA1 • 1 •� - A I I I I , Y 1 • 1 { 1 1 I i I � • 111 ri�� �1 n. 1I+f I i • � P • •° 1 � �:�� r \ '1 `r'a+tl4til EbSf'N'�fClfFL j` 1 i� 1 M I' A Y i I + r�i' �+'�Qr11.•a.+.At.A•�'�ii�t�°+In..�+e+ y { — � + • i1 %r \A P.•lr._`/�.•..r M4.�a7Mlin� r � � I � y I 1 � , II ° ° n.r iM•\1 'I y�,y\ rwAlA :� I I t I I . it ••r'7. rY.mrY •Y 1Yrr W w •�.�rr:ars�An �1 I i + . I 1 + i • F� ' � 1 ° l i Y Y it 11 ,,, ti. ,•` Mt1�1u I MIS MAIMS r /,itt .'nr IIIIC u� V RP•E !MC 19 N ; d7P:- we e..l«1�1aMw ».. . IffICALrI 1 IeACk3 iY1 M ...uldt96?GSEDf'gti'45BIQµ1 dql Jo 01,1100 16.42:17 i I i , , , Agenda No. IoP AGENDA INFORMATION SHEET Agenda Rom' . Rate •9 '.2. 9 99 AGENDA DATE: March 2, 1999 DEPARTMENT: Planning Department CnUDC\VACNI: Rick Svehla,349.7715 SUBJECT— Ryan Tract Zoning: (Z-98-056) i Hold a public Fearing regarding the propose: Planned Development zoning of a 114.76 acre i property located on the north side of Hickory Creek Reid, northwest of McNair Elementary School in Denton's extraterritorial jurisdiction(ETJ)known as the Ryan Tract. BACKGROUND Development Proposal. lntermandeco proposes to develop a 114,76-acre tract on the north side of I{ Hickory Creek Road, approximately one mile west of Teasley Lane in Denton's extraterritorial jurisdiction(ETJ). The tract Is contiguous to the City of Denton along its eastern border and is adjacent to the Oaks of Montecito subdivision, Acme Brick property, the Good Samaritan development, and across Hickory Creek Road, the River Oaks subdivision and McNair Elementary School. The petitioner requests annexation with dte zoning category of Planned Development for cluster development, accomplishing a number of housing units greater than SF-10 zoning for the overall 114.76 acre site,but clustering it on 81.68 acres remaining after park land dedication. A_ djacent Zoning PROPERTY DESCRIPTION CUIZREE Ii' A— PROVED ZONING_ DENSITY _ Oaks of Montecito Sfi-7 3.1 units per acre River Oad—s —_— 5`i — its per acre Acme Prick _ A riculture Tempera zoning or minin G�amariian 8 untl per acre Changes to the Detailed Plan. Since its original submittal,some aspect,of the proposed detailed plan has changed (the revise)PD Detailed Plan is enclosed as Attachment 1): s The total number of housing units has decreased from 341 to 299, if all tracts are fully developed; • The amount of park land dedication has increased from 31.42 acres to 33.08 acres; • The Parks and Recreation department has agreed to purchase Tract 2C(7.22 acres)and Tract 2D (2.42 a:res). This acquisition by the City will reduce the development right by 27 housing units, resulting in a total of 272 housing units in the development and increasing open space to 42.72 acres, or 370/i of the subject property. ! / The unit mix has changed as follows: i 1. i PD-169 Proposed Mix of 1 of Sizes Original Submittal Compared to latest Submittal Original Latest Numeric Plan plan _ Change .''-b ---- 103 - 0 •103 -7 SF 8 — 243 +5 9 F•16 _ -0 ------- J� +$6 TOTAL 341 199 -- — -•-42 Park Land Dedication, Park dedication of 33.08 Acres (an increase from previous depictions), including the Fletcher Branch Creek is proposed as follows: • Floodway of about 18 acres; • Floodplain(in addition to floodway)of about 15 acres; • Additional dedication outside the flood plain of about .08 acres. Minimum parkland dedication required by the city's ordinance would be 2.1 acres with 0.52 acres outside the flood plain,even if the property is not annexed, If the property is not annexed, park improvement fees will not be collected from new residential units. If the property is annexed, the 272 housing units proposed would generate an additional S79,152 for park improvements(at the current assessment of 5291 per home). The dedicated land would connect to a 3.21 acre parcel proposed as park land from the Oaks of Montecito subdivision and a 24.3 acre greenbelt In the!fiver Oaks subdivision that ultimately connects to Corps of Engineer property in the Fletcher Branch flood plain. The developer of the Ryan Tract has agreed to place the easternmost tracts (apprx. 10 acres between the floodplain and the Oaks of Montecito Subdivision)under a purchase option to the City of Denton for future parkia^d,The contract would indicate a four-year timetable for the City to raise the funds for purchase, at raw land cost. At the end of that four years,should the City be unable to purchase the land, it reverts back to the developer to be developed under the SF-10 zoning classification. Transportation Improvements, Development of the site will require the construction of collector streets along the western boundary and across the northern portion of the property as designated by the Denim Mobility Plan, The western collector will eventually tie in with the street system of the proposv�Thistle dill subdivision and provide alternate access to Ryan Road, reducing the traffic impact ou, Hickory Creek Road and Teasley Lane. Perimeter paving improvement on Hickory Creek Road, as well as a two-lane bridge at an estimated cost of$300,000,will also be required. A lraflic impact analysis(T1A)has been submitted and evaluated. The evaluation regarding traffic impact improvements is attached. Specific recommended improvements include; • Ilickory Creek Road and Teasley Lane intersection • Northbound lefl-turn lane on Teasley Lane (101/9 cost participation) • Southbound right-tu:n lane on Teasley Lane(I Vlo cost participation) • Eastbound lane, for a turn lane,on Hickory Creek Road(101/6 cost participation) ■ Traffic signal installation(1011/6 cost participation) • Hickory Creek Road and north'south collector street intc*scttion: Two southbound lanes on collector street(Wit cost participation) 2, i 1 Westbound right-turn lane on Hickory Creek Road(100"/e cost participation) The timing, details and expenses related to recommend transportation improvements will be coordinated by the Engineering and Transportation Department at the time of subdivision plat/ construction plan review and approval. Public Notlee. Due to improper notification for the required public hearings for a zoning change, notification was sent out to the appropriate landowners again for two additiorul public hearings in order to meet the state statute.Notice of the zoning request was most recently published in the Denton Record-Chronicle on February 14 for the Planning and Zoning Commission meeting on February 24, and February 15, 1999 for the City Council meeting on March 2. Seventeen(17)property owners(per the city tax rolls)within 200 feet of the request were notified of the request on Februtry 12, 1999. On February 12, 1999 additional notification was mailed out to residents within a five hundred-foot range. As of this writing,there have baen zero(0)responses to the zoning request.The twenty- penent rule is NOT in effect. Any changes to the 20°4 rule will be reported to City Council during the March 2'e, 1999 meeting. RECOMMENDATION Staff recommends that the City Council approve the proposed Planned Development zoning district and land use classification,making the following findings: Zoning of property is a necessary step In order to manage development. The PD zoning district provides u ssurances as to the quality of design that other zone districts do not provide: it establishes minimum building area, construction materials, and fence and monument I sign details. f e The proposed zoning is consistent with die adopted Growth Management Strategy which states that annexing and zoning property are the necessary steps in order to manage development. • The proposal is consistent with the intensity designation of the 1988 Denton Development Plan. 6 The proposal is consistent with the 1998 Denton Plan Policies(most particularly those sections stating that floodplain and ilo(clway should be obtained and preserved). ■ The gross density of this proposal is 2.60 units per acre,11 net of the 18 acres of fioodway. The adjacent subdivisions,Oaks of Monteeito and River Oaks,are developing at gross densities of 3,1 and 3.5 units per acre,respectively. If park land acquisition of about 10 acres takes place, density is further reduced to 2.4 units per acre(gross) and 2.8 units per acre(net of floodway). Site Deducted Net Site Total Dwellings Density Description Acreage Acreage Acreage Dwellings Units per Acre Grosso n ry _ 6 3 Net Density minus Dedications 114. 6 33.03 81.68 99 3. Deniity m nl—iuffo—o v. _-ay TT f Tb I 66 96.76 99 ___3W 4 Staff note again that the proposed development is consistent with the Growth Management Strategy (GMS), adopted by Council on January 19". 1999, The Ryan Tract's proposed gross density of 2.60 1 t dwelling units per acre(DUA)is less than the average 3.0 DUA iderdified in the GMS. Staffelso notes that dedication of floodplain, tloodway, and recreational land;collector street dedication along the western and northern boundaries; primary arterial dedication along Hickory Creek Road;and off- site traffic improvements(noted in the rtached Traffic Impact Analysis Recommendations) serve ti 3. 4` I !. meet many planning objectives stated by the City of Denson in reee^' ront}sr. In addition, the appiicant has voluntarily described several design standards in the z• ig: • All developed area will meet the city's minimum landscape requirements; • Perimeter fence details; • Minimum floor area of 1,700 square feet in the SF-7 zoning designation and 2,00?square feet in the SF-10 zoning designation; • All houses to be 75%masonry(net of window and door openings)with wood frame allowed for rear fapade; and • Rear and side entry garages are encouraged, however front entry garages will be permitted. If Council feels that the density proposed by the Ryan Tract developer will be detrimental to the surrounding neighborhood, the densities recently approved In the GMS may need to be revisited. FISCAL INFORMATION None at this time. PRIOR ACTIONIR .VI .W November 11. 1998 Application received and fees paid for Pnnexation petition and planned development zone change equesi. November 19. 1996 � First Development Review Committee(DRC)meeting. ll!ecember 3. 1998 Neighborhood Meeting, December S. I"S ' City Council approved the Annexation Schedule. Lecembgr 14. 1998 Annexation Service Analysis forms distributed to city departments to be returned December 28, 1998. December 17. 1998 Second Development Review Committee(DRC)meeting. a, ,l�nkll]'�,.1.444 City Council conducted the first public hearing regarding the annexation. January 12. 1999 Neighborhood Meeting. Jaauan 13. 1999 �i� The Planning and Zoning Commission held a public hearing regarding the annexation petition and PD r zoning application. The Commission recommended approval of the annexation(6-0) and recommended approval of the Planned Development Zoning by separate vote(5.1. Rishel in opposition, Ganzer absent) with the following conditions as proposed by the developer: 4 . i I. Tracts previously known as Ill and IC,now known as 2C and 2D are to be designated for minimum 10,000 square foot tole, f 2. Two new tracts, now called 2A and 28,will include the lots directly adjacent to the tloodplain I (labeled on the January 13, 1999 P&Z PD Detailed Plan as Blocks J and K)and designated for minimum 10,000 square foot lots. .t. Minimum dwelling floor areas shall be established based on lot sizes as follows: a. 6,00 square foot lots to have a minimum 1,409 square foot dwelling size. b. 7,000 square foot lots to have a minimum 1,700 square foot dwelling size. c. 10,000 square foot lots to have a minimum 2,000 square foot dwelling size. January 19. 1444 City Council conducted the second public tearing regcrding the annexation. Dur;•;g this public hearing, several residents from the Oaks of Monteciio Subdivision expressed opposition to the proposed zoning. although annexation of the property was not specifically opposed. The Denton Independent School District(DISD)offered a revised Service Analysis,indicating that the annexation would not have a significant impact on school services since the property would be within DISD boundaries regardless of the status of the annexation. A neighborhood meeting was conducted on December 3, 1999,however there were no residents in attendance. A second neighborhood meeting wa+held on January 12, 1999. Between this meeting and the Planning and Zoning Commission Meeting(January 13), a petition wns formulated within the ( neighborhood and submitted at the Planning and Zoning Meeting (Attachment 9).A third neighborhood meeting was held January 27, 1999,The residents have come to consensus on six cooditions that they would like to see in the detailed plan; I. A gross density equivalent to SF-13 (a.k.a. an SP-13 Overlay). 2. Average lot size of 9700 square feet with a minimum lot size of 8200 square feet. j 3. Largest lots W be 1n the areas with existing trees. 4. Follow Oaks of Monlecito Deed Restrictions 3. Preserve the natural topography using curved streets. 6. Leave tracts between the Oaks of Monlecito and the(toodplain(tracts 3C &3D)untouched. Januan 27. 199 9 Neighborhood Meeting. I February 9, 1999 City Council conducted the first reading of the proposed annexation. During this publi,!hearing, several residents from the Oaks of Montecito Subdivision expiessed support,by petition and presence, of the proposed annexmion and zoning(as revised in the new deai!ed plan,see alachmeol). Council voted to separate annexation from the zoning,at the petitioner's request. The council than voted in ' favor of initiating annexation procedures.The public hearing for the revised detailed plan is to be held Wore the City Council on March 2, 1999. r 6, C+ U 1999 �4 r The Planning and Zoning Commission held a public hearing regarding the Planned Development zoning application and revised detailed plan, The Commission again recommended approval(6—0, Caner ab+ent)of the Planned Development (PD-169)zoning district and detailed plan, UMMMENDAMIS The Planning and Zoning Commission recommended approval of the Planned Development(PD-169) zoning district and detailed plan (6.0). QUIM I, Recommend approval as submitted, 2. Recommend approval with conditions. 3. Recommend den Is I. 4, Postpone consideration. S. Table item(no later than April 20). I ATTACHMl HTyS j 1, Revised Detailed Plan 2. Summary of Changes from Initial Application 3, Planning and Zoning Commission R eport, Fe bruay 24 1999,(Z-98-036) t � Re tfully subm tied: I Dave Hill Director of Planning and Development Prepared by:r / Trine Fi nney Planner It ri. 6, r i I i ; I i i I I _ 1 �f urwve wiwwwni� '� rrta�ww� un o ana,o.w vwwc.n I �.°1 i }.1y M•' 4'V�w MM Y•� I -- b..�•N �' •Ih I� +i � YMM• V._. ' •�_ rrwwsrw Y V«M Ilil •"". Mc 7 YrMw 4ACT2 ♦ Ysa Y.Y ttj • .f }k} I, • . I '( 41 .t. r J 1 .Ir ' �` ..,.•♦ �' , • �} •�#I�h _�• • � '.ti 111..' .• • i •.. ' • �m,��rrr w�'aMM 17y7 ' . • EE �� # l,�f � � �*Y ' ti�e`�I • i !r- y$' .t • • � • r in+�'ervnian�i.."°�^oe � '_ id �'I i • � ��. r♦ iii • 1 •i� . • , i• • � '.., ' 1 I • 1 11.!.. ,vNIMt_ _ _ _�—.._ wi E win: � ' s ac♦:E `' , l �,V 1' : ~ �`• 1�•� r ," �Y•� . F " ' �'� s• I ,.� hl�'i w. T Yy ._ l p T vi — /•\OfTrIt AAP�---G'S Zw°,}'a#J� ,yn rs.. Try 1iK.i 'rs. + Icwr•uar V ___— r y}y TMiM1011"wTlll_ wr _. _ _ .._-._.i..i 4i�-�ei .e• .,,.r.�.r.rrr w.rr..rh..ra �w�r+. 7TifiiTnGi� FlM �:`f��1i9 Y•�•C�.. ly�;j7: �" �" r" rr r"r f�'tt •�N wuu+aiw�rs�war.• .tic-R, _ ww•�_ �r� :� 101 i her^ t DESIGN CMWP iF e e •mY I I. � x � �f i4rrAtwcm i�irT IIIIIL AAYeO�gIWp.YYt�AAA 1 l YWN•N.MW � x a I y r.L �jIl.MNI WO 4 WAY. fir- ! IAAA[Alf � � — Vol r � 4 - ' 'i e A n. • rLP o f e Nar nrn «•• �. j �`� € , ��. I .�, � r •��,,� i!t111;�,1�7n,�N �[-� .e _ -ul, _-_ ww a.. . Y Yn • 4 !- r.rrw . •�� a � s>�.sava4~.. \ rr rgMrY rA.wr - ��� /v "�-Y Tf-�-.�1 ,I ._ YYw• �41W r1bETAX PEAT Q -- r.:w � • XAIt I.00O ��_— b♦ y r rr ��wY IM 101}AY}lir I�f.Y.0 Ara ..MA —r.f _..'�_.�-_.__._.- ._• =M.Yr e y i M• M• YI.V.rr.WM•MWWI�AM '1' (DTI( I �rir��•.��:.3, esfaPfta�e�lE+�w�r-.rl• j �YY r c 1 u ATTACHMENT 2 s Summary of Changes from Initial Application ✓ Number of Housing Units Reduced from 341 to 299 (272 wilt! Park Land Acquisition) ✓ Park Land Dedication Increased from 31.42 Acres to 33.08 Acres ✓ Park Land Acquisition of an Additional 9.64 Acres Adjacent to Oaks of Montecito ✓ Addition of 56 Lots Along Open Space with Minimum Size of 10,000 Square Feet ✓ Elimination of All Lots with Minimum Size of 6,000 Square Feet ' ✓ More Direct Corridor for Fast — West Collector Street Across Northern Portion of Property ✓ Delineated Design Standards for Housing Development: Y Minimum Floor Area i • 1,700 square feet required for SF-7 j • 2,000 square feet required for SF-10 D Masonry • 75% (net of windows and doors) required with wood allowed on rear D Garage Door Orientation • Rear and side entry encouraged Landscaping • Minimum city standards required i 9. v u ATTACHMENT 3 dy PLANNING AND ZONING COMMISSIOd STAFF REPORT p Subject: Zone 114,78 Acres Casa Number:Z-98-058 Ryan Tract 21a}j, Trina (WElreath) Finney, Planner II Agenda Gate: February 24, 1999 MEMO Hold a pubile hearing and to consider recommending approval to City Council for a change to the previously proposed Detaned Plan on the Ryan Traci. The new detailed plan proposes 2091ots(272 lots N the Parks and Recreation Department purchases Tracts 20 and 20},with minimum lot sixes of 7,000 and 10,000 square feel. Alf A +. r i { R f 1 � N i W t3 LOCATION MAP Location, On the north side of Hickory Creek Road, northwest of McNalr i Al.\ r Elembntary School In Denton's extraterritorial Jurisdiction (ETJ). ( Slze: 114.78 acres ` �o. r Applicant: Tary Arterburn Owner: Mr. and Mrs. Charles Ryan Mesa Design . 1343 Eaton Ave. 3100 McKinnon Street San Carlos, CA 94070 Dallas, TjpX 75201 ) rued /fy r . Section 35.7 of the Code of Ordinances outlines the rules of procedures for amendments to a zoning boundary ordistrfct, In general, any person having proprietary Interest In any property may petition city rouncil for a charge or amendment to the provisions of the Zoning Ordinance. or the Planning and Zoning Commission may on Its own motion or on request from the City Council i institute study and proposal for changes and amendments In the public Interest. The subject 114.76 acre parcel Includes a large portion located In flood plain which would be dedicated to the city. The applicant proposes to develop the property with a . -ensity of 2.60 units per acre and to dedicate addflonal park land over and above the requ A plain for an overall park land dedloation of 33.08 acres. 'i he detailed plan Is before you for reconsideration due to significant changes, specifically lot numbers and street configuration, and improper notification for the Initial hearing. Several i meetings were held between the developer and th-3 neighborhood from which a compromise has been reached. This compromise Is reflected in the new detailed plan. The new detailed plan has eliminated all 6,000 square foot lots, leaving only 7,000 and 10,000 square foot lots, The lots abutting the iloodplain are 10,000 square foot lots, white the 64.26 acres of 7,000 square foot lots are located on the western half of the property. The developer has agreed to sell the land known as tracts 2C and 2D to the city at cost, giving the city four years to raise the funds for that purchase. If at the end of four years the city decides not to purchase,or dues not have the funds to purchase the land, It would revert back to the designated zoning of SF- 11 as illustrated in the detailed plan, 1 i On February 9, 1999, the City Council held the special call meeting to hold a public hearing for the zoning and the first reading of the annexation for this tract. At that meeting, the council was presented a request from the developer to separate the zoning from the annexation. The city council with a unanimous vote honored the applicant's request and voted to separate the zoning from the annexation. The council also voted to initiate the formal annexation procedure for this tract without zoning. ShoLid Plann ng and Zoning Commission recommend approval of the zoning request at this meeting, City Council will conduct another public hearing on March 2, 099, however the final decision of zoning will be postponed until the March 231d meeting In order to r apply a zoning district for this piece after It Is annexed into the Denton city limits. Council will consider the second and final reading of the ordinance for annexation on March 23, 1999. Tho ( / 5 final decision of zoning will be postponed until the March 2314 meeting In order to apply a zoning district for this piece after it is annexed into the Denton city limits. 11 , U 1988 Denton Development Plan Ansly-Is The 1988 Denton Development Plan (DDF')shows this area to be within Low Intensity Area number 84. These areas are Intended to be dev.a!oped primarily for single family residential development. Nelghborhoods are to be serviced by a network of small commercial/retall centers spaced at about 1/2 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 80 trips per day per acre In order fo 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 summary of the 1988 Denton Development Plan policies applicable to this project; Denton Development Plan Policy Ant lyels Summary Low Intensity Ara Development Rating vs. Policy POLICY COMMENTS Inconsistent t I consistent Intent. These atN W"Wt Primary housing areas W hin I e city. Inteholty. To I e consistent with Uri Mowed Intensvy s 60 trips M Plan,a derelopr rent O*M not exceed m Moated Intenc',y.6666 tHMWts Intens'ty, x ( a4oated Site Plan 06000. Stud property ` development Wrol MtN11 1,600 feet of exIsUng low kndy r"dentlal are+s, x Traffic Deign. Access should be prodded to enwra that multi-fanny or non-residential uses have so"to 7otiedors or larger srknals vdth no drect x access through residential streets. Open space. Sumdent Peen spau, i reveawal radlites end diversity of parks x are prodded. _ Public Participation. Input into planning by reObw oW ass MMI and w rrrWs is encouraged, x Land Use Divan". Hon-residential and muld-l'a"deveioprne t Is encouraged to . I"led degree. NA Manufactured Housing. This farm of I si housing may to cornpatible Wth developments in the low intensity areas suwed to oordltiont NA Strip Comm"al. Any farm of anti L"SWP to rvnerdal Is strongly r discouraged Won near law Intensity areas. x A l 12 . n t a 1998 Denton Plan Policies Analysis I � The 1998 Denton Plan (DP) Is to be used In conjunction with the 19P4 Denton DBVa oment 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 OP. 1. Transportation A. Trip generation Table 4. Proposed land Use Trip Oensration Land Use Average Trip Total Trip Maximum 8uildout _ Generation Per Generation Single-Family (Detached) 9.55 tripstday 2,855.45 299 detached homes ti Win Allowed Trip Generation 114,78 acres 8,885.8 89 trlpsldere Difference calculate 241% below allowed trips ColculaHono pforldod by th.InauWU of B. Access ( Access is ovailaNis onto Hickory Creek Road and to the collector street that will be required with this develops tent, This 80' right-of-way collector runs along the west and northern property boundaries of this tcoct. It will connect to future collector linking to Ryan Road,thereby offering an alternate route from Teasley Lane. I C. Road Capacity Hickory Creek (primary major arterial) Is currency derIgned to carry 11,000 trips/day, however It Is not built to city standards. Hickory Creek Road Is Intended to be a six lane divided thoroughfare when It Is built to standard. This ,'eslgn would Increase the carrying rapacity to 33,000 tripstday, At present, thorn are no traffic counts for this road, D. Pedestrian Linkages Sidewalks along all public streets are required, 2. Utilities This site has access to existing water and sanitary sewer lines; Water: 12"water line along the eastern boundary of the tract, Wastewater, i 15" sanitary sewer line along the eastern boundary of the tract, 13 , c Fire: Fire hydrants wRl need to be added with the single family development. 3. Drelnage and Topography New development will be required to design and construct a drainage system to city standards. A preilminary drainage study will be required with the submission of a preliminary plat. The study must Inciade 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 ti,e method by which the run-off will be .arrled across the property or stored en the property. There Is a great deal of floodplain along the eastern portion of the subject tract. The developer proposes to dedicate that fioodpfain as a portion of a park land dedication package. 4. Signs As per the sign ordinance. S. Off-Street Parking New development must provide parking according to the tegulat6ns of Section 35-301 of the Code of Ordinances. The total number of parking spaces requt,.,d by any one development Is a factor of two spaces for each single family dwelling unit, 6. Landscaping l U',% property will have to comply with the new Landscape Code,which requires fifteen(15) trees pqr acre and twenty (20) percent of all surfaces to remain pervious (plantable area). 7. Open Space J The proposal Includes a 33.08 acre land dedication for park land. 1 i PUBQ ,R0T10FF Notice of the zoning request was published In the Denton Record•Chronlcle on December 23, 1998, January 3, 1999, and February 14, 1999. Seventeen (17)property owners(per the city tax rolls)were notified of this hearing on February 12, Mg. Additional notification w:a mailed i out to residents within a five hundred foot range on February 12, 1999. As of this writing, 1hare have been six responses In opposition, however those were for the original proposal. Since then, these same six have signed a petition indicating support of the new proposal, presented before you tonight. The twenty percent rule Is NOT In effect, as those In opposition compiled only 27% of the total land area within 200 feet. A nelghborhood meeting was conducted on December 3, 1998; January 12, 1999; and January 27, 1999. i 14 . i b u .air.. �. A. Staff recommends app1mvel of Z-98-05e in accordance with the enclosed detail plan. 1 • The proposed zoning Is consistent with the Intenefty standards of the Denton Development Pfan. • The proposed zoning Is compatible with other zoning In the area. • The new detailed plan addinsses neighborhood concerns. A. I mono to recommend approval of Z-98456. 1. Recommend approval as submitted. 2, Recommend approval with conditions. 3. Recommend denial. 4. Postpone conafderatlon. 6. Table Item. 1. Vicinity Map. 2. Zoning Map. 3. Utility Map. 4. 200' Property Owner Notification Map, S. Detailed Plan , 6. Denton Plan Matrix. 7. Surrounding Property Owner Response,Individual and petition ti t (4 15, i ' ENCLOSURE 1 Vicinity Map - w A-78 Proposed Annexation Area b - am OAS of Mont�cna i P City N Ltrttilf �I .tvy W E S VICINITY MAP The Ryan Tract 114.76 Acre Annexation Ct 1 M v c, ap sNctosvnE 2 oning A-78 J � A tiJ ; i srm Its N Y•1 [TJ W E Mod The Ryan Tract ' 114.76 Acre Annexation rr =, i7 . r c� aura ENCLOSURE 3 Utility Map A-78 ' r � SITE ! 17"Wehr LIm t 13"Sher LIM u1^6 939: N I W E The Ryan Tract 114.76 Acre Annexation Legend " f Water Linea Electric Lines Sewer Una • Fire Hydranie O Subject Trod 0AI N • F l lei w 1/ c ENCLOSURE 4 r 08- and Z-98-056 Ran Tract Ryan Tract I I I � L i W E r 3 n i e a� —tee Na Notiflcatlon Map M ..r ! 19, l r i 1 I i.cl t�e watwrol ' N4 OMlrO IrM MI 1if M Mill t 1 f wl■ilOr M u I N111Y 111iE rrII 011 O mltVl WMY WOCM .RM1r 11Y r MNt~� � M.FI■W rou I10 r-r —� wr wlrr»w• DESIGN GROUP it �_...�._ 1 —�� IY•1Rwt MIW v I •— rRwwr . 1 I S_ /w•,w w I I r.»•r•/r w• I • IVtft � .Q. MYIIW WM�rr l.yl��lll I I � �'°• loot l .- rr+r• r rrw . lI In/ I MWMI _ I M ♦ � l t 1 ;.1 �•}.�- `r • I I I , / • " I Itac+t Y e Iterwwl p< 1 aUJ I�..I V•IF � ' .;I i � , , • ' _ ' • _ ■ � • / �' \ •r/rwl^r iinaw/p� fz"C I ' W � 1sw.:;. I ' �. ,v` . _ rte:- t, " ' / • •"�:-t I ! �. I • ' r 1 I i _ m I' I {�Mt,�(t1�x� I _ r Y�i. '�• \ N '- ,1 ` WMOO WW tY li1M ' I \tom 6r / • • . Y RR • . n YR s Otndl MMaI wMtM 1 y �•fl � .ir:Y, Iy7.T0{I \"J R I • -', �■ 1 _�_R1 1111 _. r • • 1 I I I :. . . {, \ +" n M tm O e■erl w■r■le � Nta�t I!-,•.--1 i j)R'<: .j,a;w{ • - • • 1 r 1 • oatnl ro t Y►Me qe wwoN j �rnsrt. • i 1 1 1 • I ., t Irk y— . �1 I I 1 � - .�., L 44 Fri 1 • 1 • 1 • I Y +' • 1 / • • 1 1 • 1 I 1 1 1 1 fM v ,M V1al I � i M I', ..�.:..'...c..YMp[�_7�/�.r�y_�._•_, 's x ---- ID�YS't�xTR'1�'Y'Z., - ?T-Y.�-.F[t•F' -,¢y � tiT� � __ wf1WRl1 � Rim... Ct10.tLM. +yLM� C. � K4t r.tfv-0' IM/Dt l Ytflll YLLnI •••.•Inrr `Y1 rl• Yn/ /n/ Y!/� ry YYwrr•Y•»r/�rr/•••rRMw d},u p.tg cl r' r• r• r• 1LW -7�r,::rs:.�x-:sue♦ ►x�traamntiravrcr- I1�3:".7 SCE Il.l.rr YwY rr. mm tm - ARAM. ern Yw .. rr•w r+nw rww rrr i I f• A� t r 7y - -. .pEMAN CgpUPC..g�O1U�P a a aaa s 'ter i I. _ rrr•r WIY NYINfM r.r• .Yar � y r•artrr y t eyur MACH T 1.• C _ l.. Ilrl.rJ pr r.t 1.. •... N 1 •1 f ` .JU • O Mi r'+ • • ':NIIYuMN I i •.1 1 oM.AnYL M • . N WMiy Yq '( N • OW I Ih rAAit N • li r 1 {`j � -irnr= r I N f; 1L(�U h ]y I ,1 N 1� �1 N l YYM N y • •p�a�».r r•7 r I � 11( 1 ', IIIL1 a.n rrsNtnl IW L 1 L �, I •a 1 ,..�' wlmfla.0 an�n�N w r �vw Nr 7r wwrM i 1 '1 1 1 • 1 • • • • 1 n••II MI �� r.0 1Mr NI M O nPTr, � _ i •la -�- r•rlrrw � � __.- _ uRrn eiy !E{ �yj1 j'�I`• ....^ r«rrr •„•P.,1 = �f —r'� � — --an-c-zacT:r VR' rl• 11Y ^�^ lLNLl•L10'- ✓ IM POL f AN}III ••°'r"'� �"•��"• •.• •r• Ar• •wrrrr rrr•Lrr•Irrrnr •.�� rwM •, .s�Mx �• ���� E• r r r r -rr, �• r N • • •... rrsts��alzuxsslttrrr ��M s:?�.�'�T.� � r.r.,wwl•.r '� rrr I IFS-+�=I�,�-•i�•pa,��=.��•, }tayj �I l��'1� iti?T171k7CiYw •rl.r — — — r••Irl 1. rrrrr rrr L-02 yY I i i ENCLOSURE 6 The table below pro ,Ides a summary of the 1998 Penton Plan Policies applicable to this project: Denton Plan Policy Analysis Summary , Development Rating vs. Policy CATAGORY POLICY Irconslstenc i •,ylbt Consistent Transportation. Compliments Denton's Lorrq-Range Thoroughfare Han. x Promotes kcm Management Pradoes " x Optimizes operations for en"my seMa pro 4ders and yqr Ow patine serVa providers. .�f x Pomotes pudk transportation system. ?: k Contributes to the Denton Traits network. x Stormwater Drainage. Protects lWyear floodpialn areas in acmrunce with F k Denton's watershed management plant i.o x Cmforrro to lord subdivision regulaticn% r' H x Contributes to regional detention faditles. X, r Provides roe natural riparian emeror mart along tloodpialn. x llpyades e>�Esting substandard drainage systems as Infill andredeveapmentama. s6: Water and Develops am "InUlns Property and private Wastewater. infrastructure. 151r i!� a x Creates opportunity for oversiting water and wastewater Imes to meet future development demands. ' -f f Provides review of proposed water and wastewater ' ,mi x infrastructure to ensure pubik safety and health. r" ,<.,: x Promotes Infll Inbrover ants over now Ilr+e edandons. ..: Eieddu Provides underground efecMc serNa for new resldentlal and nonresidential development x Solid Waste. promotes efndent ao"to in development for sold } waste seMce dellvery. x Parka and Reaeatlon. locates parks and recreation tadites In aaordarO Mth .s the Parks and Recreatlon Strategk Plan. x Enhances park.%and recreation opportunities for residents. % t"' , x ` Preserves doodpialn for parks and open space to Nd in floodplaln oonservatldn EROrts Allows corrbriing of parks with other pubik ftdliba to addeve cost-effecM delivery of PWC seMees ,•'n x li"&nt of development should Weals and or fees in lieu of land for neloft&*W Parks. "+;: :k x Environmental Quality. Prorotes praervaW of naturof tesWr es s'c' x Integrate%jrmronmmW pmtecbon with econor uc i`> x p ow1h and conrrwnn development. 41 f r t; 1998 Denton Plan Policies Analysis (continued) t Denton Plan Policy Analysis Summary Development Rating vs. Policy CATAGORY POLICY trhowniont Appnw O" Consistent xdat,bortw"s. rRaO rtl��ous�mnmr yfadndesfor x Encarages a oftre d land uses that beWt reslldefft x Protects end Preserves odstnp neighborhoods. a " x ==andPromotes bkyde and pedesblan trams wltdn and r = bortgOds to reduce vehkWar blPL x Flowing. Prortdes a range of haning bDd tluht appeal to dRe" ecanorNe arhd khd AU10 Ne-Ryit x 0"a variety of stngk•feMly lot sloes,buodng sloes I x and wa_ramp Preserves wiling houdng,Yhduding of r6&houslrq. Smears InMI ta"cwdjudW. x Economk Cortr4Dute1 to a:Long and dverafled foal tmnony by Diva WCOMsn. wc*wng emPWyment and afpandng the to base. x Governewt. Encourages intapovernm�Mat 000rdnakbn to P*Ade costtfhdlve pubes serNar x Man Oesign. Ad *w%C WIuNty aMW&-,m In a mmprahanslw manner. x oberafies ardiltefi,rat ppww a of"eftAMMwt x Neighborhood lnfdl deve vr"should be ew"Ubk Wth ealstng land uW V4 bulking: x 1 Nokctf and pros M canton's ard4WOXal,CA"and Alstakd moyc . Enhances td ppearana along major 4*90"0. r Promotes N vese wm of bax and IrhdKfi ft, x ; I P Mnvolvamant. PrVMd an oppatumly fof P.O:eon"duMg the x Planning proar , i i i if .aasr,.saarrrra 2 3. t• eons ac►T or fOLMCAL fc FAX No. ENCLOSURE 7 fr-ts•ff ef :<a ►.er NOTICE OF F'UULLG HEARING Z.98.056 The Planning and Zoning Commission of the City of Denton will hold a public hearing co Wednesday, January 13, 1999, to consider recommending approval to City Council for changing the•zoning on 114.76 acres from, ETJ to a Planned DeveloI rent zoning district. The 114.76 dire Is located on the north side of Hickory Creek Road, northwest of McNair Elementary School-The meeting will be held at 5:30 PM In the City Council Chambers localel In City Hall at 215 E. McNnney Street, Donlon, Texas. The purpose of the zoning change is single famlty si,NJ„4slon and park dev%!opmont. The public hearing win start at 5:30 p.m. Ir the City Council Chambers of Ciy Halt located at 215 E. McKinney Street, Denton, Texas. because you own property within two hundred (200) feet or the subject property. (Ito Planning and Zorilng Gornai,' s on would like to hear how you feel about NJ roning change request and invites you to attetd the public hearing. Please,in o0of 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 allending and FarbcipalitV In the public haedm-) You may fax It to the number located at the bottom,mail It to the address below, or drop It off(n•p',raon: Planning and Development Department 221 N. Elm ST Denton,Tmiss 76201 Attnt Trina MoEtreath, Planner It The zoning process Includes twa public hearings designed to provide opportunities far citizen Involvement and comment. Prior to tha public hearings, landownafs within two hundred (200) feet of the subject property are notified of the zonnnf 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. Sect-nd,the zoning petition is forwarded to the City Council for final ection provlding the Commission recommends approval. Should the C *mission recommend denial. the petitioner may Men appeal the request fo the City Connell. if owners of mart than twenty 120) percent of the land area within two hundred (200)feet of the silo submit written opposition, then six out of seven votes or the City Council are required to apxove the zoning change. These forms aft used to calculate lhepercentage of landowner oppo.rt;on. Please circle one: In favor of reques Neutral,o request Opposed to*aqueat i Comments: '–�`-•`_ �/ 5lgnature: Ct1 tr1l�Jef]•-•'•� c -'[ r't Tinted Name! 4e 1 , 5 f P e _fir: r o�` � .� Malling Address- 101k I f2iut 1/t' City, State Zip! ,I ls.r. Telephone Nuitnber, ,_jZS� -�S f I ----• Physical Address of property within 200 feet: fr \ { Cf Ty OF DE'AfTON, TEXAS CITY HAIL VtE9T 06NTON,7EUS 76201 • 040 349.b3l0 1p)e4o.34s.rtot 2 9e OSQ X-0'Nnuae,ro+LOrr nor, 24 , 7• NOTICE OF PUBLIC HEARING 4 Z-98-058 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wedoesday, January 13, 1999 to consider recommending approval to City Council for changing the zoning on 114,76 acres from ETJ to a Planned Development zoning district. The 114.76 acre Is located on the north side of Hickory Creek Road, northwest of McNair Elementary School.The meaUng will be held at 5:30 PM In the City Council Chambers located in City Hall at 215 E. McKinney Street, Denson, Texas. The purpose of the zoning change is single family subdlvislon and park development. The public hearing will start at 5:30 p.m. In the City Council Chambers of City Nall located at 215 E. McKinney Street, Denton, Texas. Because you own property wlthrn two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and I nOes you to attend the pubik hearing. Please, In order for your opinion to be taken Into account, return this fort with your comments prior to the date of the public hearing. (This In no way prohibits you from nhen&ng and parUcipating in the public heering.) You miry fax it to the numbor located at the bottom, malt It to the address below,or drop it off In-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attu: Trina McElreath, Planner II 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 notined of the zoning request by way of this notice. The first public hearing Is held before the Planning and Zoning Commission, The Commisslon 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)feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. Thoae forms are used to calculate the percentage of landowner opposition. Please circle one: in favor of request Neutral to request d to requ Comments: Fw& 44=0o{.-" (nrppp * 6r r,fp Signature: S/b — Y Printed Name S 14 4b • V LAATJL Mailing Address. t 1D 2- Vim Voto e _ City, state Zip: Dam?t rtA , T44,n 7 t:7- rb S Telephone Number: 3 9'1 11 Physical Address of Property within 200 feel AR (/e l CITY of DENTON, TEXAS WYMLwE9T DENTON,TEXAS 76201 - 040.340.6050 (F)040,040,7707 !•4Et75ti;MrJ'Noh�icetian Utter doE 2 5. c+ ur.rr �r ?errs s r.ar NOTICE OF PUBLIC HEARING Z-90.056 The Planning and Zoning Commission of the City of Donlon will hold a public hearing o:r Wednesday. January 13. 1999, to consider recommending approval to City Council for changing the zoning on 114.76 Scree from ETJ to a Planned Development zoning distncL The 914.78 Gem is located on the north sido of Hickory Creek Road, northwest of McNair Elementary School.The nm6pg will be held at 5:30 PM In the City Coundt Chambers located In City Hall at 215 E. Mcl<lnney Street, Denton, Taxes. 'rho purpose of"toning change Is single family subdivislon and park development. The pubic hearing will start at 6:30 p.m, In the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas, eeceuso you own property wrlhin two hundred (200) feet of the suDJecf property, the Planning acrd 2oning Commission would like to hear how you feat about this zoning change request end lnvr7ea you fo efGW the public haenng. Please,!n order for your opinion to De taken Into eoeount,return Mls form with your oonvnents prior to the date of the public hearing. (7his In no way proh,b is you Irom attending and perficlFefing M lire public heerlrg,) You may fax It to the t rnuri5ber located at the bottom,rri�ii It to the address below,or drop it cif In-pareon: Planning and Development Department 221 N,Elm 8T Denton,Texas T4201 Attn: Trins Motireath,Planner II The zoning process includes two public hearings designed to provide opportunities for citizan Involvement and comment. Prior to this public hearing 9. tondownere within two hundred (200) feet of the subject property are notified of the toning request by way of this notice. The first puMo hearing Is held before the Planning and Zoning Commission. TM Commission Is Informed of the percent of responses In support and In opposition. Second,this zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commlaelon recommend dental, the petltlonsr may then appeal the request to the City Council, It ownerr of more than twenty (21)percent of the land area within two hundred(200)feet of the site submit wrfltan opposition,then six ou", of seven votes of the City Council are required to approve the zoning changs. Thee forms are used to calculate the percentage oflandowneroppooltlon. ' Please thole one: favor of request Neutrel to request Opposed to request Comments: D 1 Signature: �(, • ' / f �-- Printed Name: _ y 7;rlyi Mailing Address: _ City,State Zip: i Fyc+� Telephone Number. 9 v• Physlcat Address of Property within 200 feet: L � € . r ClTYOFDENTON, TEXAS *1tYNAILWE6T • DENTOM.M" 're201 • 640.341.6330 (f)940.749.T107 YOaL;6;200 Noh/,rlrAn l�r,a,.d< 26. w i I i i NOTICE OF PUBLIC HEARING ILI Z-98.056 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, January 13, 1099, to consider recommending approval to City Council for changing the zoning on 14.76 acres from ETJ to a Planned Development zoning district. The 114.76 acre Is located on the north side of Hickory Creek Road, northwest of McNair Elementary School1he meeting will be held at 5,30 PM in the City Council Chambers located In City Hall at 215 E. McKinney Street, Denton, Texas. The purpose of the zoning change is aingle family subdivision and park development The public hearing will start at 5:30 p.m. In the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Seeause you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and Invites you to offend the pu} c hearing. Please, in order for your opinion to be laken 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 numbor 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, Taxes 76201 Attn: Trina MicElreath, Plannar Ill The zoning process Includes two public hearings designed to provide opportunities for cil;zen 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 recommend% 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 la;id 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 tho zoning change. Then forms are used to calculate the percentage of landowner opposition. Please circle one: --- — In favor of request Neutral to request Opposed to request Comments: A05ili Signature: - Pr,nled Name: �.-- Mailing Address; City, Slate Zip: Telephone Number; Physical Address of Property within 200 feet: It� CITY OFDENTON, TEXAS CITY HALL WEST OENTON,TEXAS 78201 040.349.0380 , 1f)040.349.7707 l•Dd-0S4,?GO'Noh4tnf�on detler Ave .. 27. i t ei ia,ss i:i n s �.e: NOTICE OF PUBLIC HEARING z•9a-05S The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, January 13, 1999, to consider recommending approval to City Council for changing the zoning on 114.76 acres from ETJ to a Planned Development zoning dislnct. The 114.76 acre Is totaled on the north side of Hickory Creek Road, northwest of McNair Elementary Sehool.The meeting will be held at 5:30 PM In the City Council Chambers located In City Hall at 215 E. McKinney Street, Denton, Texas. The purpose of the zoning change Is single family subdivision and park development. The public hearing wlil start at 5:30 p,m. In the City Council Chambers of City Hall located at 215 E. F McKlnney Street, Donlon, Texas. Because you own pnverty within two hundred (200) fear of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and invites you to offend the public hearing. Please. In order for your opinion to be taken Into account, return this form with your comments prior to the dale of the public hearing, (this In no way prohibits you Pont attending and parlicipating in the public hearing,) You may fax It to the nurHber located at the bottom,mall It to the address Wow,or drop It off In-person: Planning and Development Department 221 N.Elm ST Denton, Texas 76201 AHn: Tdria McElreath,Planner It 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)feel of the subject property are notified of the zoning request by way of this notice. The first public hearing is 1 held before the Planning and toning Commission. The Commission Is Informed of the percent of responses in support and In opposition. Second,the zoning petition Is forwarded to the City Ceuncll for final action providing the Commission recommends approval. Should the t:ernedsslon recommend denial, the pitllloner may then appeal the request 10 the City Council. If owners of mote then 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. Those forms are used to caiculafe the percentage of landowner oppositfon. ,/ Please circle one: favo rfequesl ) Neutral to request [/'Opposed to !.9gest Comment Slgnalure: Printed Nam*: `ti` Melling Address: it City, State Zip: ! it ~ tip T61ephono Number. 01 Physical Address of Property within 200 feet: r CITY OFDENTON, TEXAS caYNAIIwEST - 0E00N.Tl 76VII 940,540.63110 • tf1040.349.7107 2-ltl MA tov aw.PAdh0 i tcfWo ihA 28. c• NOTICE OF PUBLIC HERRING _ 4 Z-99.056 The Planning and Zoning Commission of the CAty of Denton will hold a public hearing on Wednesday, January 13, 1999, to consider recommending approval to City Council for changing the zoning on 114.76 acres from ETJ to a Planned Development zoning district, The 114.76 acre is located on the north side of Hickory Creek Road, northwest of McNair Elementary School.The meeting will be held at 5:30 PM in the City Council Chambers located in City Hall at 215 E. McKinney Street,Denton, Texas. The purpose of the zoning change Is single family subdivision and park dovelopment The public hearing will start at 5:50 p.m. in the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own properly within two hundred (200) feet of the subJect property, the Planning and Zoning Commission would like to hear how you feet about this zoning change regoesf and Invites you to etten: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 end 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 of!In-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Trina McElreath, Planner II 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 denla!, the potitior er may then appeal the request to the City Council. It owners of more than twenty (20)percent of the land area within two hundred (P0)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 offandowneropposition. ' 04 Please circle one: oe In r of re ues Neutral to request Oppose:tO eques Co ents: Signature: � Printed Name: i S Malling Address City, State Zip: _Den*h 1)C 7f0AD5 Telephone Number: 5&5''0375 �r Physical Address of Property within 200 feet: 1101 $U rid WYOFOEN10N, TEXAS CITYHALLWEST * DENTON.TEXAS 70201 11140.UO.e350 (F)04- 0,349,7707 2-964M, X00'NohrKAW Wedve eee�er NOTICE OF PUBLIC HEARING Z-98.056 The Planning and Zoning Commisslo 1 of the City of Denton will hold a public hearing on Wednesday, January 13, 1999, to consider r000rimending approval to City Council for changing the zoning on 114.76 acres from ETJ to a Planned Development zoning district. The 114.70 acre is located on the north side of Hickory Creek Road, nothwest of McNair Elementary School.the meeting will be held at 6;30 PM In the City Council Chambers located In City Hall at 215 E. McKinney Street, Denton, Texas, The purpose of the zoning change is i Ingle family subdivision and park development The public hearing will start at 6:34 p.m. In the City Council Chambers of City Hall located at 215 E, McKinney Street, Denton, Texas. Because you own property within two hundred (200) lest of the subject property, the Planning end i'onlrrq Commission would Ake to hear how you feet about this soning change request and Invites yo ii to attend the publk 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 prohlbits you from akendlrg and participating In the public hearing.) You may fax It to the number located at the bottom, mail it 13 the address below,or drop It off In-person: Planning and Va!,olopment Department 221 N,Elm ST Denton,Texas 76201 Attn: Trims McElroath, Planner II 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 tho zoning request by way of this notice. The first pubtlo hearing Is held b0ore the Planning and Zoning Commission. The Commission is Informed of the percent of re3ponsea in support and In opposition. Second,the zoning petition is forwarded to the City Council for final a„Lion 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 Councl are required to approve the zoning change. Thaso forms are , used to calculate tho percentage of landowner opposldon. Please circle ono: In favor of request Neutral to request Opposed to toques i Comments: Signature: of Printed Name: r I 2 . u— q CIA Pt1�5 Melling Address: 11 M %u.,( J A V 1 STA s7 k CAN, State zlp; . Dewrwi . T�j 7 (aOL ys Telephone Number; A Physical Address of Property within 200 feat: I N pF-T 1JToNt TX. ,1bx0,G clrr of Dl:MTO 0 TEX48 CITY 444 WEST - DENTON,TEXAS 76201 040.344.0350 (f)040.340.7107 r 2 03 058;200'%1,k$604 We doe „ sr• u, sr :�,rc tt r.o: NOTICE OF PUBLIC HEARING Z-96-056 Tr,e Planning end Zonlr.g Commission of the City of Denton Wit hold a public hearing on Wednesday, January 13, 1999, to consider recommending approval to City Council for changing the toning on 114.76 acres from ETJ to a Plannsd Development zoning 01010. The 194.79 MOM IS lotted On the north side o1 Hickory Creek Road, northwest of McNair Elementary School.The meeting will be held at 6:30 PM In the City Council Chambers lotetsd In City Hall at 215 E. McKinney Street, Denton, Texas. The purpose of the zoning change is single family subdivlslon and park development. The public hearing will start at 630 p.m. In the City Council Chambers of 411y Hall located at 21S E. MclOnney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning end Zoning Commtssfon would like to hear how you feel about this zoning change request end invites you to attend the public hearing. Please, in order for your opinion to be taken into acownt, return this form with your oomments prior to the data of the public hearing. (This fn no way prohlbits you from attending and participating in the pubfic hearing.) You may fox It to the number located at the bottom, malt It to the address l iow,or drop It off in-parson: Planning end Development Department 221 N. Elm ST Denton,Texas 76201 Attnl Trine McElreath,Planner 11 The zoning process Includes two public hearings dealgned to provide opportunities for citizen involvement and comment. Prior to the public hearings, landwvners within two hundred (200)feet or the subject property are notified of the zoning request by way of this notice, The first public hearing is I held before the Planning and Zoning Commission. The Commission Is informed of the pafoent of ( responses In support and In opposition. Seoond,the zoning petition Is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commisslon 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 she submit written Opposition, then six out of seven votes of the City Council are required to approve the zoning change. Thera forma are used to calculate the percentage ofeg ndowneropposlffon, ples_se o to one: r In favor of request utra quest opposed to request p Comments: ” W, Signature: Printed Name: Mailing Address: � t I�y Cily, State Zip; F/1r%n Tye ' '%? Telephone Number; ZY4 - YJ&,- Ird/o � �r"M 4 1( Physical Address of Properly within 200 test /O R I t s !'fit, � r ( CITY OF DENTON, TEXAS CITY Wit,WEST OMYON,TEXAS 76201 040.311.11350 (F)e40,3I9.fror 24#0;a 2W wl,rerlron I a we doe 31 . w a ATTACHMENT 9 Jamiary 23, 1999 Councilwoman Sandy Kristoferson City of Denton City Hall 215 E. McKinney Denton,TX 76201 Dear Councilwoman Kristoferson, Concamed homeowners in the Oaks of Montecito met on Friday,January 22, 1999 to discuss the proposed"Ryan Tract"development. We reached agreement on several issues that are outlined below. In the spirit of cooperation.we will schedule a meeting with the developer during the week of lanuary 2 S. The elected representatives for our negotiations are Christine Rowell,Steve Rowell, Frank Harbold and Brenda Phillips. Please see the attached list of signatures authorising these Individuals to negotiate on our behalf, We reached agreement on the following points: • We are currently amenable to anneution in combination with zoning,but contingent l upon our forting requests oWined below. • We enthusiu6cally endorse the park dedication which will benefit the city,enhance property values,preserve Tnu natural history and heritage,and promote quality of life in Denton, with the specific inclusion of the floodway and floodplain(please see the negotiation pour,below on tract 1e). We wit l engage in a good firth negotiation over the following pohits,-gNch are intended to promote compatibility with adjacent,custom-home communities In the Oaks of Montecito and Forrestridge: • To mairrW n compatibility with adjacent, custom-home coma unities,homeowners ask that the current zoning designation be amended from SF7 to SF 10 and that lot site be oompatibli with out avenged lot size of 9700 sgture feet In addition,we ask that the tread area,emently coned at SF 10,be changed to SF13 in order to maintefn our wooded community as well its to preserve trees, • We ask that the proposed developer follow the deed restrictions in the Oaks of Montecito coversartt and will provide a copy to the developer(SON Is attached to this letter). • To further preserve Ns tmique portion of Denton Cotanty,we ask that the city , carefully examine and approve a planned development that r"ti the luau mI topography of the tract,and that would minimally impect the acs's drdmge, ! floodway, and floodplafa • To provide the city with a urkw,relatively tmtottched rad"woodland,we ask that ( proposed tract le be included in the park designstiott This will serve a an additional ' 32 . c floodplain buffer for homeowners on the eastern boundary of the proposed development and mioht serve as a science education center for DISD. We believe that out concerns represents larder pictute, specifically Dentonite s concerns with the overall quality of life In Denton. As evidence,we cite the Growth Management Survey for the Denton Plan where 61%of respondents indicated that the city should manage growth by controlling quality,tar exceedino percentaged support fot quantity, rate, and location.Thank you for your attention to this matter, S' l 1 Brenda Phillips 1101 Dom Vista Denton,TX 76203 563-0373 , 33. ►„ �4r c January 22, 1999 Oaks of Montecito Subdivision City of Denton, Denton County,Texas RE' Designation of Representatives Annexation& Zoning 114 Acres,Ryan Tract, Denton County,Texas The following n,vned individuals have given their permission for Steve Rowell, Christine Rowell, Frank Rabold and Benda Phillips to represent their opinions as it pertains to the annexation and zoning of the referenced tract, This letter is intended for Into Purposes intended to legally bind or obligate the homeowners)other than a vote o onfidence for the referenced individuals)as it pertuna to annexation and r oning for the referenced tract for a meeting dated January 2g, 1999 with intermandeco Development Co. NA= _ Sro*j a4wa.. NA.. ll ft MW u M�d� ;r� Q l ros �nrrtv�r� •u,� . %14 CA: We t r ��� /.�� 7�.�T�.+4�.,. 1•x�-'!� ' /sir. (44 OVA I•,e:1g i� 60 Ur i E 2 t9 �f�l! C�tee,ti �`�. a /-zz•Q� ry} r 1 s•r a d,tiz Varna.. /,tz...g9 ��� u�X� � �/Gft br••.ssr;� ysyy, � I RtMiw K R, Ir�98cvu V440-i /4+44 L Ile!� ► e 99 ,; V460.', 110( �it�tA,lk�, l x-17 � � i` Ds� � , &e. �ei.a' 34. t I I� f 2 , IL January 22, 1999 Oaks of MO ntecito Subdivision City of Denton, Denton County, Tex" R&: Designation of Representatives Annexation do Zoning 114 Acres, Ryan Tract, Denton County, Tex" The rollowing named fndivtdua}s have given their Pettrtfssfon for Steve Rowe Frank Of �d Benda phIllips to represent their opinions"it art zoning of the referenced tract. This letter is intended for infoanat er h Christine mxtl Rowell, intended to le p �+to the annexation and Sally bind or obligate the homeowners)other than r Purpa"s oril referenced individual(,)"it pertains to Y,and not meeting dated lams annexation and:o vote Of for the ary 28, 1999 with Intermandeco Development Coe roferonced tract for a Nit 9 Sim" UM rl+nlSd�f 1e43 V851MYCRDF. f lq S'r' 7 A 4 ,J J A/ � �f �3cA But• +rVIS 1 0 gl�t.K,U47 i 1414 IX13 km nn ,1 ' AN 12477 6*WA U61� r �c f�ober1 Fr4N<Aer t IZ0y BueNa Via 7(3mble Pr4wher to I/lZglq ,�./ �zc�{ Bu d -94�IU V►s�4 �/2V/99 1A 0 5r 40 owe ZAy /J7 /A0/ /3urvta v34 //AVA�/ vl//D6'.�r�✓.odrs�.e ..a./.9p � ' e �►� � �7a ��y199 35, U �./..lsG Fo�sL• . .L Ga1... Ar .Xoc� ell • y rI __.. r011.•y1�-'i1�11�¢r..., ,. ..,_��.I.,�.i1�+.. 0•.r1�.t...:..... ..� .t:Es•� w 36. r_r C0VENANT9 AND RESTRIC.'ciONS THE OAKS Or M0NTEC7r Z•0 . PHASE t ' THE STATE OF TEXAS X X KNOW ALL HEN BY THESE PRESENTS1 COUNTY OF DENTON X That, Fred N. C0ssett and Kent Key (Vista Verde I , Limited Partnership) owner and developer of The Oaks of Hontecito, an Addition to the city of Denton, Denton County, Texas, according to the plat recorded in cabinet , page of the Plat Records of Denton County, Texas desiring to create and carry out a uniform plan for the development, improvement and sale of all lots in said addition, said plan being affected in part by these Covenants and Restrictions, as herein sat forth sb,ill apply uniformly to all the lots situated in The Oaks of Hontecitc, Phase 1, and those Covenants and Restrictions shall run with the - land and be binding upon all owners or puro'uasers of lot$ in said Addition, their hairs, successor$, executors, administrators and assigns , to•witi E 1. All lots shall be used for one (1) detached single- family residences exclusively, designed for the occupancy of a single family and reasonable and, customary accessory structures not designed or used for living quarters except by domestic servants living on the premixes. In addition to the duelling J structure, upon the approval. of the Architectural Control 1 Committee, there may be erected, placed, or permitted to remain on any lot one small one story accessory building which shall be used only for guest suite, a detached private garage or servants quarters; provided, such structure may not have a kitchen or . cooking equipment and each suite or quarters may not be rented or leased except as part of the entire premises, including the main dwelling. I 2 . The enclosed dwelling area on each lot shall contain a minimum of 2400 square feet of heated and/or air conditioned living space. The term "enclosed dwelling area" does not include garages, open porches, patios , terraces , breezeways, and like areas, structures of more than one story shall have a ground floor enclosed dwelling area of not leas than 1,500 square feat and sufficient enclosed dwelling area above the ground floor to total a minimum of 2,000 square feet on all floors . Ceiling levels on the ground floor must be a minimum of ■ nine (9) foot ' base plate in all living areas, except as approved by the Architectural Control Committee. ( ?" 3. No structure of a temporary character (including, but not limited to trailers, mobile homes tents shacks, gar&gas, barns, -dotal building or other out-buildings; shall be used on w 37. .., F lot &I. any time as residence, whether temporarily 4. Construction of new building only shall be permitted on Y tot ; the moving of any existing building, house, cabin or .other structure onto a lot is Prohibited. No structure any point nearerltontherfront, side sorlrear propertyolineythan at the set-back distance ("minimum building line") designated on the recorded plat. When not specified on the recorded plat, no building shall be erected nearer than seven (7) feet to any side ' Property line or twenty (20) feet to any back lot line, except in the case of two or more Adjoining lots being owned and used as a single building site, in which case these Covenants and Restrictions shall apply to such adjoining lots as though they were one singIL lot for all purposes. No garage may open facing the street, unless hidden at the back of the property and approved by the architectural Control Committee; nor may any garage be erected extending closer to the front lot line then the main dwelling, except that the garage may extend closer to the - front lot line than the main dwelling provided the garage is side . entry from the nearest side property line, seven (7) feet, and if approved the by Architectural Control Committee. No carports shall be permitted. A. 0arage may be entered from the farthest side of the t property line if the lot is less than 80 feet in width. 6.. The exterior of any dwelling erected on any residential lot shall be of brick veneer . stone, stone veneer, or other approved materials provided that prior written consent and Approval of such other material is given by the Architectural Control Committee, Wood siding may be used on the sides and rear of the second story of dwelling, on servant houses, -and above garages or other out-building or secondary buildings if ap roved in writing by the Architectural Control Committee, All chimneys that Are visible from the street, must be constructed of materials matching the exterior will of the main structure, 1 unless approved in writing by the Architectural Control Committee. 7. till roofs constructed upon any dwelling And/or other Structures constructed, 4rec td, or located upon am Lot shall be constructed with a minimum pitch of "8 by 12" and shall be Constructed of wood shingles, slate, the or composition roofing shingles in "earth-tone" colors having a minis. im weight of 240 pounds per square, unless a variance from this restriction is specitically approved in writing by the Architectural Control Committee. e 8, No signs will be permitted without written approval of the Architectural Control Committee; with the exception of signs Of not more that six ( 6) square feet advertising the property for sole cc rent or signs used by any builder to advertise the 38. ..r 0 property during the construction and sale R construction, height, and placement of any fence, w411 do construction,shall be nubject to Architectural Control Committee control , Chain length fences are not acceptable. , 9, All finished houses must be landscaped witl, grass, shrubs , and provide an irrigation system for the front yard. Ae;aininq walla may be constructed of stone, masonry, or 41 Pressure treated landscape timbers. Any exceptions must be approved by the Architectural Committee , 10 , No residential lot shall be used or maintained as for inmaanitaryrcontainers . All controlling weeds, respective lot , It, atsany time rannownerlshallwfailntoicontrol weeds, grass and/or other unsightly growth, the developer herein or its assigns, &hail have the right to go onto said lot for the purpose of mowing and cleaning said lot and shall have the authority to assess and collect from said owner of said lot the actual cost so incurred, 11. Campers, motor homes, trailers, or truck with tonnage in excess of one-half (1/2) ton shall not be permitted to park ou the street&, driveways, of lots for extended periods of times except that any camper, motor home, mobile boss, boat or trailer MAY be parked on a lot if concealed from v14V by solid screening, ( inflammatoryvorlexplosiveycargo maycbenkeptlin then subdivision at any time, nor may any vehicle be stored or kept for purposes of repair on any lot, Contractor trailers are allowed on premises for a minimum amount of time only until builder has erected a model home, yy except2thatodogsmand catsloreotherecommondhousehold upon s may be r kept, provided they are not kept, commercial reasons or purposes, bred, or maintained for any 13 . No noxious or offensive trade or activity ihall be carried on upon any residential lot nor shall anything be done thereon which is or may bi ome an annoyance or nuisance to (he neighborhood. 14. Each lot owner shall provide and maintain covered receptacles for garbage and keep the same �.vered, either in a screened area not visible from the road or underoround, in accordance with reasonable standards established by the Architectural Control committee. anyl s.orNatherlearthoor mineralgsubstanosgshalllbe permitted on ff� any lot. 39, •-r c - c lb , 110 lot shall be re-plated or divided to make an additional lot or a portion of an additional lot except with the written consent of the Architectural Control Committee. 17 . All dwellings constructed on any lot shall be connected to the 'City of Denton utility cervices. If electrical and telephone services are installed underground, connections from primary cables to the residence will be made by each individual lot owner at the pedestal or designated by the utility company. 18. NO building shall be erected, placed or altered on any residential lot until the building plans, specifications (including but not limited to nature, kind, shape, height , materials and locations) and plat plans have been approved in writing by the Architectural Control Committee as tot (i ) conformity and harmony of external design with existing structures in the subdivision and (ii) location of the building with respect to topography and finished grade elevation. This includes out-buildings, such as for storage. The sall three (3) Individuals Architectural d veloperf herein. 1.1 the event of death or resignation of any member of the committee, the remaining members shall have the authority and power to designate a successor. Each member of the Architectural Control Committee shall neither be entitled to receive any compensation, nor be liable for claims, caused of action or l damages arising out of the service performed pursuant to this covenant. The original Architectural Control Committee, as appointed by the developers herein, shall consist of Fred 009sett , Kent Kayo and Harry Key. Any two (Z) members shall have the authority to act on any submission to the committee, and their decision shall be binding on all members thereof. In the event the Architectural Control Committee fails to approve or disapprove the building plans specifications and Plat plan within twenty (20) days after the submission of s¢ah building plans, specifications and plat plan., such Architectural Control Committee, approval will not be required and compliance with this covenant xl11 be deemed to have occurred; provided that written notification by Certified Letter is given the members of the Architectural Control Committee allowing9 ten (10) additional days from the date of receipt of the Cartified Letter to approve or disapprove the building plans, specifications and plat plan, 19. Enforcement of these covenants and restrictions shall A , be by a proceeding of p.oeeedinga at law or in equity, initiated by a person or persons owning any residential lot or by any member of the Architectural Control Committee, against any person or persons violating or attempting to violate any covenant or ( restriction herein contained, either to restrain violation or to c� c� recover damages for the vtoka!lon, or both, The Architectural a Control Committee, and each o! its appointed members, shall have Iheaeecovenanta an obligation or duty, to enforce law or in equity, Y proreedinQ or proceedings at 2G . Violation or failure to comply with these covenants and restrictions shall not affect the validity of any mortgage, then Oxi lien or other similar security instrument which may be then existing on any residential lot. Invalidation of any one of judq�mant orncourtdorder shallnaotoalfectpanyto! the other a Provisions or covenants herein contained, which shall remain in full force and effect , any deed or legal instrument (except deeds of trust, mortgages or other similar security a(except purporting to Convey, transfer or assign any intern! in any land !n The Oaks u jec Hont*cito I Phase 1 , shall contain appropriate language to aubject the land within such conveyance, transfer or assignment to all the covenants and restrictiens set forth herein. With the Had Of #hallobe bindinpeontillCpirtla sand all run ' claiming under them for a period of thirty ac persons date hereof, unless an instrument signed him by(si)hyears from the of the than owners of the lots has ben excuted ander cordedd0%} agreeing to change, amend, mod or extinguish •rid covenants and restrlotlonx in whole or in part, ru Any restriction contaln'ed 'hereln relating to construction o! improwmeata may be waived or variance therefrom m+Y be granted by the Acchlteetural Control committee in an individual case uppon a Showing that such variance would not impair the harmonious development of said Addition) or the market value of existing buildings. • , i A . a r , f! 1. t IEf instrument 4IITHEss HEREOF, the undersigned has caused this to be executed in its aim and o is behalf by its duly authorised Office this theday of Vista Verde I , Limited Partnership Kent Key STATE OF TEXAS IC COUNTY OF DENTON I; $ H unders! ned, on this da appeared 9 y personally Person and O ices wL,o a me is subscribed to the tforegoing instrument and acknowledged to me that the same was the act of the said VI and VERDE I, LIMITED PARTNERSHIP, and, purposes and consideration therein staked. that he executed the same a Corporalion,' as the apt of such corporation for the therein expressed, and in the capacity GIVEN UND NY t:AND AND SEAL OF OFFICE this the day 4f � r—LZLSL... Notary P lie is an or the State of Texas i My commission expires_ - /0- _ t, . f I' 4 ® tDW h Otter 608►Mw r 42 . i i I i _ i R r • IN WITNESS HEREOF, the undersigned has caused this instrument to be executed in its name and o its behalf by its duly authorized office this the_l—day of I Vista Verde I, Limited Partnership ' By, —r-> Fred Gossett STATE OF TEXAS X COUNTY OF DENTON X BE�RE Mf und�ig^.ed, on this day personal ly �od appeared--ac-�� CI€�Z r known :o ba the Person nstrument andiacknowledgedmW the thegactgof , the said .VISTA VERDE. I, LIMITED PARTNERSHIP, a Corporation, and J executed Purposes and consideration atherein cexpress d,candointthe capacity 1 therein stated. �J GIVEN U DER MY HAND AND SEAL OF OFFICE this the ...__,(__day of —_ Ce tart' Public in and for the State' of Texas my commission expires 4 p e , tl � AW" I &0 a�w.arer j w........»» 1 43. s.� c; 1 AGENDA INFORMATION SHEET j 1 AGENDA DATE: March 2, 1999 [DEPARTMENT: City Manager's Office CM: Michael W. Jez,City Managex6p aVBJECT: Consider approval o. .',, ordinance granting a three-year ex"ption to the city's noise ordinance with respect to hours of operation of an amplified loudspeaker system for the Denton Festival Foundation in connection with the Denton Arts & Jazz Festival held in Civic Center Park on the last Friday, Saturday,and Sunday in April. BACKGROUND: On June 6, 1995, the City Council approved Resolution No. R95-030(Attachment 1)adopting a policy to allow three year exceptions to the noise ordinance for qualifying organizations. In accordance with that policy, the City Council adopted Ordinance No.96-053 (Attachment ❑)on March 5, 1996, granting the Denton Festival Foundation for the purpose of their annual event, Denton Arts& Jazz Festival, a three-year exception to the noise ordinance. The Denton Arts & Jazz Festival is held in Civic Center Park during the last full weekend in April each year. Since the three-year exception granted by Ordinance No. 96-053 has expired, the Benton Festival Foundation is requesting+hat the City Council grant another three-year exception for the Denton Arts& Jazz Festival (Attachment Ill). Prior exceptions have been granted from noon to 9:00 p.m, on Sunday of the last full weekend in April. This request is for an exception to the noise ordinance until 11:00 p.m. on the last Friday and Saturlay in April and from noon to 10:00 p.m. on the last Sunday in April, In order to qualify for consideration of the multi-year exception, the annual evet,t shall have demonstrated three consecutive years of responsible activity in connection with Section 20.1 (cx2) of the Code of Ordinances. In that regard, the City Council has granted the Denton Festival Foundation exceptions to the noise ordinance for the Denton Arts & Jazz Festival since 1992, The most recent exception being the three-year exception granted on March 5, 1996. The Police Department records indicate that no complaints were received since the first exception granted in 1992. BE(: 1ENDATION: Approval of the three year noise exception, i i i I I MOR ACTION/IL VI N'(Council,poar&COMMESSIGnIv I I On March 5, 1996, the City Council adopted Ordinance No. 96-053 granting the Denton Festival Foundation a three-year exception to the noise ordinance for the Denton Arts&)au Festival. Fl&CAL. INFORM IL42S, None Prepared by, Betty WilEams f Assistant to the City Managrr Attachments; Attachment 1—Resolution No.R9$-030 ` Attachment Il—Ordinance No.96-053 Attachment III—Denton Festival Foundation Request Attachment IV—Draft Ordinance r 'I` z ,f ,mmeren.tie ATtACNMENT I RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS APPROVINO AN ORDINANCE FO"T TO BE USED IN (JRANTINO TO PERSONS RESPONSIBLE FOR ANNUAL ES WHICH HAVE DEMONSTRATED A HISTORY OF PAST RESPONSIBLE COMP IANCE WITH THE CITY'S NOISE ORDINANCE, EXCEPTIONS TO THE LIMITATiONS IMPOSED BY SECTION 20-1 (c) 12) OF THE CODE OF ORDINANCES 4 T Cf7'1r+ Or DENTON, TEXAS, WITH RESPECT TO HOURS OF OPERATION OF ;F1ED LOUDSPEAKER SYSTEM, PURSUANT THE PROVISIONS OF THAT a number Of SECT' N � annual events s ic itiV4tntohut lize amplified loudspeaker systems n connection with thbir feetfvitiea; and WHEREAS, many of these events contribute to an increased quality of life for many of Denton's citizens, and help to promote tourism and commeyyrcef and Council to utilizef such loudspeaker from the hours normally approved by the Code of Ordinances; and WHEREAS, the City Council wishes to recognize and reward those orgfnizations sponsoring annual events which have demonstrated a pdit history of responsible operation of such amplified loudspeaker e atems by eliminating the need to seek authorization for the same e4fint each year; and WHEREAS, the City Council hopes that such a provide an incentive for other annual events to operaprogram mplified loudspeaker systems in a responsible fashions NOW, THEREFORE, THE COUNCIL O! THE CITY OF DENTON, TEXAS HEREBY RESOLVESI SECTION I. That the ordinance format attached hereto as Exhibit A IS hereby approved for granting ongoing exceptions to Section 20-lic) (2) of the Code of Ordinances of the City of Denton, Texas, with respect to hours of operation of amplified loudspeake: systems, pursuant the provisions of that section. SECTION II , That, in order to qualify for consideration of an ordinance of the type attached hereto, the City Council ntends i that such annual events shall have demonstrated a minimum of three consecutive years of responsible activity in connection with the E use of such amplified loudspeakers pursuant to prior ordinances + granting exceptions to Section 20-1 (c) (2) of the Code of Ordinances of the City of Denton, Texas. =71DN 2IT- That the duration of ordinances of the format �I attached hereto should not ordinarily exceed three years. i a c l SECTION IV. That this resolution shall become effective imme- diately upon its passage and approval. ..- PASSED AND APPROVED this the lam! day of , 1995 . 808 CASTLEBERRY, MAYOA ATTESTI JENNIFER WALTERS, CITY SECRETARY BYI I j APP D AS TO LEGAL FORMI MICHAEL A. BUCEK, ACTING CITY ATTORNEY 1 I i I 4 t c' ' ,nnuevenosd r � 1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO SECTION 20-1 (c) (2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTIOL WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM AND SETTING AN EFFECTIVE DATE. WHEREAS, pursuant to 520-1(c) (2) of the Code of Ordinances of the City of Denton, Texas, tn. of person or sw responsibly) has made application to the City Council for an exception to the provision of that same section restricting the operation of ampli- fied loudspeakers after 19$00 p.m. , in connection with the u eE IgTl west) annual event held at (lneati of wsntl , and in connection with said r _;uest, has requested the exception to be granted on an ongoing basis for said annual event at said location (state time o• gvent, a.a., en the third weekend of each Oct2h611 $ and WHEREAS, upon prior application and approval by the City Council of the City of Denton, Texas, $same of person or entity resnopsible) - has consistently demonstrated over the past (s of years)_ years an ability to responsibly operate amplified loud- speakers in connection with the (&as�y of `L1a1 went)_ annual event held at Ilocatioh of went) , at times past the hours defined in 520-1 (c) (21 of the Code of ordinances of the City of Denton, Texas, within the public interest and without materially disturbing persons Of ordinary sensibilities in the immediate vicinity thereofl and WHEREAS, based upon this past history, the City Council of the City of Denton, Texas finds that granting an exception for this annual event on an ongoing basis, subject to the restrictions contained herein, would serve the public interest= NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS$ 9yCTION I. That, pursuant to 570-1 (c) (2) of the Code of Ordinances, (ayy� o! Hers n or ratite responsible} is hereby granted an exception said section' s 10 $00 p.m. limitation upon the operation of amplified loudspeakers, subjec . to the conditions listed belowr (list conditions here, which could include, among other things, the following$) A r , r 1 . This exception is granted only in connection with the operation of the _(naMe o! acLUt1 avant) annual event at �Qcstioa of evsat} on (atate tiae o! evea-%A- e,(r. . on the third wteksnd of each October) 5 i i 2 . _(nasie of person or entijy_realMaible) agrees to take full responsibility for ensuring that the conditions of this exception are met, and to take all reasonable measures necessary to avoid disturbing persons of ordinary sensibili- ties in the immediate vicinity of the event. 3 . (nam of nor en or entity resnenaible) agrees to cease using amplified loudspeakers at (11:30 0.m.) 4 . Under no circumstances ehal% the annual event employ the use of amplified loudaraakers between the hours of 12 :00 mid- night and 7:00 A.M. S. This ordinance confers no personal or property rights, and may be amended, modified, superseded or revoked in whole or in part at the will of the City council of the City of Denton, Texas, without any advance warning, hearing or compen- sation, for any reason at all, or for no reason. 6 . This ordinance *hall be strictly construed as an excep- tion granted pursuant to 120-1(0) (2) of the Code of ordinances of the City of Denton, Texas. The City of Denton, Texas expressly reserves unto itself and all other persons any and all legal remedies, civil or criminal, relating to excessive noise in connection with this annual event, and hereby dis- claims any promissory or equitable estoppel which might in any way impede the pursuit of ouch remedies by any person. (add other provisions as desired, *.q. , not within 300' of a church, school or hospitals not within 300# of residentially ' zoned property, *to.) SgCTjON II. That this ordinance shall become effective immediately upon its passage and approval, and expire three years hence, unless sooner repealed, modified or rescinded. PASSED AND APPROVED this the _- day of , 19 BOB CASTLEBERRY, MAYOR ATTEST: J10NIFER WALTERS, CITY SECRETARY r� I llr� I BY. i 6 r u APPROVED AS TO LEGAL FORMI MICHAEL A. BUCEK, ACTING CITY ATTORNEY BYi r I Y r i � I h 38 ATTACHMENT N �r ORDINANCE NO. g� AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO SECTION 20.1 (c) (2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEA' 2R SYSTEM; AND SETTING AN EFFECTIVE DATE. WHEREAS, pursuant to 520-1 (c) (2) of the Code of Ordinances of the City f Denton, Texas, the Denton Festival Foundation has made application to the City Council for an exception to the provision of that same section restricting the operation of amplified loud- speakers after 10:00 p.m., in connection with the Denton Arts & Jazz Festival annual event held at the Civic Center Park, and in connection with said request, has requested the exception to be granted on an ongoing basis for said annual event at said location the last Sunday in April from noon until 8:00 p,m. = and WHEREAS, upon prior application and approval by the City Council of the City of Denton, Texas, the Denton Festival Founda- tion has consistently demonstrated over the past four years an ability to responsibly operate amplified loudspeakers in connection with the Denton Arts & Jazz Festival annual even* held at Civic Center Park, at times past the hours defined in Stu-1(c) (2) of the Code of Ordinances of the City of Denton, Texas, within the public interest and +ithout materially disturbing persons of ordinary sensibilities in the immediate vicinity thereoft and WHEREAS, based upon this past history, the City Council of the City of Denton, Texas finds that granting an exception for this annual event on an ongoing basis, subject to the restrictions contained herein, would serve the public interests NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That, pursuant to 520-1(c) (2) of the Code of Ordinances, the Denton Festival Foundation is hereby granted an exception said section's 10:00 10. limitation upon the operation of amplified loudspeakers, subject to the conditions listed below: 1. This exception is granted only in connection with the i operation of the Denton Arts 4 Jazz Festival annual event at the Civic Center Park, on the last Sunday in April from noon until 8:00 P.M. 2. The Denton Festival Foundation agrees to take full responsibility for ensuring that the conditions of this , exception are met, and to take all reasonable measures .� e necessary to avoid disturbing persons of ordinary sensibili ties in the immediate vicinity of the event. i= 39 i 3. The Denton Festival Foundation r4grees to cease using amplified loudspeakers at 800 p.m. 4 . Under no circumstances shall the annual event employ the use of amplified loudspeakers before noon or past 8:00 p.m. on Sunday. 5. This ordinance confers no personal or property rights, and may be amended, modified, superseded or revoked in whole or in part at the will of the City Council of the City of Denton, Texas, without any advance warning, hearing or compen- sation, for any reason at all, or for no reason. 6 . This ordinance shall be strictly construed as an excep- tion granted pursuant to 520-1 (c) M of the Code of ordinances of the City of Denton, Texas. The City of . [:enton, Texas expressly reserves unto itself and all other persona any and all legal remedies, civil or criminal, relating to excessive noise in connection with this annual event, and hereby dis- claims any promissory or equitable estoppel which might in any way impede she pursuit of such remedies by any person. F SECTION ti . That this ordinance shall become effective immediately upon its passage and approval, and expire three years hence, unless uooner repealed, modified or rescinded. PASSED AND APPROVED this the ,�_ day of �.�/ 1996 . BOB CASTLEBERRY, ATTEST: JENNIFER WALTERS, CITY SECRETARY BYs APPROVED AS TO LEGAL FORMS HERBERT L. PROUTY, CITY ATTORNEY r r ' BY � c G G i; D E N T O N ATTACNM&T rr Jeffw F E S T I V A L February 12, 1999 j Mayor Jack Miller 8 City Council Members 215 E. McKinney Denton, Texas 78201 Honorable Mayor art! City Council Members: 1n accordance with your adopted policy for mull-year exceptions to the noise ordinance, the Denton Festival Foundation requests a three-year exception to the noise ordinance for the Denton Arts &Jazz Festival held in Civic Center Park, the last full weekend in April each year. Our request is to allow the use of amplified sound for the purpose of the event until 11:00 p.m. on Friday and Saturday and from Noon to 10:00 p.m. on Sunday. Thank you for your consideration. Sincerely, Carol Short Festival Director f , ( i< i 20 Denton Fe4tical Foundation V 0.Box 2104 • Dcnton,Rut 76202 • (940)565-0931 t a� i ATTACHMENT IV ORDINANCE NO. AN ORDINANCE OF THE CITY OF DSNTON, TEXAS, GRANTING, PURSUANT TO SECTION 20.1(cX2)OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPLAKER SYSTEM; AND SETTING AN EFFEC7IVE DATE, WHEREAS, prssuant to ¢20-1(cx2) of the Code of Ordinances of the City of Denton, Texas,the Denton Festival Foundation has made application to the City Council for an exception to the provision of that same section restricting the operation of amplified loudspeakers from Monday through Saturday after 10:00 p.m. and at anytime on Sunday, in connection with the Denton Arts& Jazz Festival annual Brent held at the Civic Center Park, and in connection with said request, has requested the exception to be granted on an ongoing basis for sail annual event at said location the last Friday and Saturday in April until 11:00 pmi., and the last Sunday in April from noon until 10:00 p.m.;and WHEREAS, upon prior application and approval by the City Council of the City of Denton, Texas, the Denton Festival Foundation has consistently demonstrated over the past seven years an ability to responsibly operate amplified loudspeakers in connection with the Denton Arts & Jazz Festival annual event held at Civic Center Pe-k, at times past the hours defined in§20.1(cx2)of the Code of Onlinances of the City of Denton, Texas, within the public interest and without materially disturbing persons of ordinary sensibilities in the immediate vicinity thereof, and WIIEREAS, based upon this put history, the City Council of the City of Denton, Texas finds that granting an exception for this annual event on an ongoing basis,subject to the restrictions ' contained herein,would serve the public interest;NOW, THEREFORE, TI IE COUNCIL OF THE CITY OF DENTON HER213Y ORDAINS: SECTION I. That, pursuant to ¢20.1(c)(2) of the Code of Ordinances, the Denton Festival Foundation is hereby granted an exception r.om said section's 10:00 p.m limitation from Monday through Saturday and prohibition on Sunday,upon the operation of amplified loudspeakers,subject to the conditions listed below: i I. This exception is granted oLy in cot n"don with the operation o f the Denton Arts & Jazz Festival annual event at the Civic Center Park,on the last Friday and Saturday in April until 11:00 p.m, and the last Sunday in April from noon until 10:00 p.m. 3 2. The Denton Festival Foundation agrees to take fill responsibility for ensuring that I the conditions of this exception are met, and to take all reasonable measures recessary to avoid disturbing puysors of ordinary censibilitics in thr immediate vicinity of the event. 3 i I 3. The Denton Festival Foundation agrees to cease using amplified loudspeakers at 11:00 p.m.on Friday and Saturday and 10:00 p.m.on Sunday. 4. Under no &-cumstances shall the annual event employ the use of amplified loudspeakers past 11:00 p.m. on Friday or Saturday or before noon or past 10:00 p.m. on Sunday. S. This ordinance confers no personal or property rights, and may be amended, modified, superseded or revoked in whole or in part at the will of the City Council of the City of Denton, Texas, without any advance warning, hearing or compensation, for any reason at all,or for no reason. i 6. This ordinance shall be strictly construed as an exception granted pursuant to 120- 1(c)(2) of the Code of Ordinances of the City of Denton,Texas. The City of Denton, Texas expressly reserves unto itself and all other persons any and all legal remedies, civil or criminal, relating to excessive noise in connection with this annual event, and hereby ! disclaims any promissory cr equitable estoppel which might In any way,impede the pursuit of such remedies by any person. SECTION 1I. That this ordinance shall become effective immediately upon its passage and approval, and expire three years hence, unless sooner repealed,modified or rescinded. PASSED AND APPROVED this the____„day of 1499. JACK MILLER,MAYOR ' ATTEST: JENNIFER WALTERS.CITY SECRETARY BY: APPROVED AS TO 1 EOAL FORM: IfERBERT L. PROUTY,CITY ATTORnY ! /f A BY: • t F.,'ahara4cprLOL'.Our Doeu"mt#Ordinvece99AN fntl.d taa+Orion from noise mdintnce dog 12 i II` r i A IM1 AGENDA INFORMATION SHEET AGENDA DATE: March 2, 1999 DEPARTMENT: General Government CMlDC61,,XM: Michael W.Jm City Manager SUBJECT: i Consider approval of an ordinance amending Ordinance Nos. 88.189 and 93.191 and Chapter 8 of the Code of Ordinances,which respectively granted a franchise to Sammons Communications, ` Inc. and authorized the transfer of that franchise to Marcus Cable Associates, L,P., granting I consent to the assignment and transfer of contrA of a cable television system mid franchise from Marcus Cable Associates, L.L.C. to Paul O. Allen; and approving an acceptance agreement and an agreement in accordance with the terms and conditions of this ordinance; providing for a savings clause; providing for publication; providing for the effect of this ordinance upon other ordinances and resolutions; and providing an effective date. BACKGROUND: The existing cable television franchise was awarded to Sammons Communication in November 1988. The franchise expires in 2003. In September 1995, council approved the transfer of the franchise to Marcus Cable, i In 1998, Microsoft co-founder Paul Allen purchased Marcus Cable. Fe also purchased St. Louis-based Charter Communications (also a cable television provider). Charter's management team is currently overseeing the operation of Marcus Cable. i As stated in Sec. 8-62 of the Code of Ordinances,the city has the right and obligation to evaluate the proposed assignee on technical, financial, and legal grounds as well as general character. In order to better evaluate the proposed assignee, the city of Denton joined with e4 proximately 20 other cities in North Texas that are served by Marcus. This is similar to the approach we took in 1995. The consortium of cities retained the services of Varnum, Riddering, Schmidt, and Howlett, a law firm in Grand Rapids, Ml,, tha,is well-recognized for their expertise in cable and r telecommunications matters. Representatives from this same firm assisted the cities in 1995 with • 1 • I� 1 the transfer to Marcus. The cities also hired C2 Consulting Services, Inc. to evaluate the proposed assignee's financial qualifications. The cities had numerous face-to-face meetings and conference telephone calls with the consultants and with representatives from Charter Communications. Many of the other cities in the consortium, especially Fort Worth, have experienced unsatisfactory customer service from Marcus which resulted in City Council members and city staff receiving many telephone calls from unhappy cable subscribers. Therefore, the major issue in the transfer negotiations was customer service standards and financial penalties(liquidated damages) for failure to meet those standards. Even though Denton has not experienced these problems, we benefited by our membership in the consortium, and the attached letter of agreement with Charter contains stricter customer service standards and more severe financial penalties for failure to meet those standards. The negotiated letter of agreement also contains provisions for Chatter to financially assist the city with conversion of the city cable channel to a digital format when such a format becomes the l industry standard. It also commits the cable provider to furnish each of our municipal library locations with cable modem access to the Internet (which is approximately 1,000 times faster than telephone lines). Charter is also certifying that they are,or will be,Y2K compliant, The city has 120 days from the date w•e are notified of a change of control in the cable company to either approve or deny the transfer. The city is deemed to have consented to a transfer in the event its refusal to consent is not communicated In writing to the grantee within the 120-day time period, The original deadline for approval/denial was January 1, 1999. However, due to the length of the negotiations and fewer City Council meetings over the holidays in most of the cities, the deadline was extended by Charter to March 15. Charter has since extended the deadline for final approval and the publication period past March IS as long as the first reading of the ordinance to approve occurs prior to March 15. The deadline for denying approval remains March 15. DIUO tS: 1, Approve ordinance approving the Iransfer of the cable television transfer(first reading). 2. Deny ordinance, RECONMIENDATIONS: Staff recommends Option 01,approving the transfer. PRIORACTIONIREVIVA: (Council,Boards,and Commissions) City Council work session, February 23, 1999. Council directed staff to prepare an ordinance ' approving the transfer. •2 - C k FISCAL INFO MATION; Cost of legal and financial analysis and negotiation of letter of agreement: approximately $20,000-525,000. Charter will reimburse the city for its expenses including publication costs. i Net cost to city: zero. Charter has agreed that the costs associated with the transfer will not be passed through to :ubscriben in rates. FXHIHITS; 1. Ordinance reproving the transfer of the cable television franchise;with exhibits: 01. Acceptance agreement #11. Agreement with Paul 0. Allen 43. Pole lease agreement 44. Cable duct use agreement Respectfully submitted: ich el W !ez / City Man er V Prepared by: 1 1 �c�aA e A, li Richard Foster Public Information Officer P 0A jmdnTAucsd U,"1wsrvCab1en'Fnnch1se.doe y j r rr+ . 3. f °' i it 4 I ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NOS. 88.189 AND 95.191 AND CHAPTER 8 OF THE CODE OF ORDINANCES, WHICH RESPECTIVELY GRANTED A FRANCHISE TO SAMMONS COMMUNICATIONS, INC. AND AUTHORIZED THE TRANSFER OF THAT FRANCHISE TO MARCUS CABL E ASSOCIATES, L,P., GRANTING CONSENT TO THE ASSIGNMENT AND TRANSFER OF CONTROL OF A CABLE TELEVISION SYS- TEM AND FRANCHISE FROM MARCUS CABLE ASSOCIATES, L.L.C. TO PAUL G. AL- LEN; AND APPROVING AN ACCEPTANCE AGREEMENT AND AN AGREEMENT IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCE; PRO- VIDING FOR A SAVINGS CLAUSE; PROVIDING FOP. PUBLICATION; PROVIDING FOR THE EFFECT OF THIS ORDINANCE UPO,J OTHER ORDINANCES AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton granted a cable television franchise to Sammons Com- munications,Inc.("Sammons") pursuant to Ordinance No. 88.189 passed by the City Council on November 5, 1988 and duly accepted by Sammons which incorporates the provisions of Chapter 8 "Cable Television"of the Code of Ordinances of the City of Denton;and AA1iEREAS, the City's Ordinance No. 95.191 consented to the transfer and assignment of the Franchise and the cable telev Aon system in the City from Sammons to Marcus Cable As- sociates, L.P, subject to the terms and conditions set Earth in the Ordinance and in an Acceptance Agreement dated September 12, 1995. (Ordinance Nos. 88-189 and 95.191 and the Acceptance Agreement of September 12, 1995 are hereinafter referred to collectively as the "Franchise'); and WHEREAS, performance of the obligations of the Franchise by Marcus Cable Associ- arcs, L.P, was unconditionally guaranteed by Marcus Cable Operating Company, L.P., Marcus Cable Company,L.P. and Marcus Cable Properties, L.P.; and WHEREAS, Marcus Cable Associates,L.P. has converted to a Delaware limited liability company named Marcus Cable Associates, L.L.C,, which is the current grantee under the Fran- chise;and WHEREAS, ,he other Marcus entities that are guarantors of the performance of the Fran- chise have also convex xl to Delaware limited Iiability companies respectively named Marcus Cable Operating Company, L !X, ("MCOC"), Marcus Cable Company, L.L.C. ("MCC") and Marcus Cable Properties,L.L.C.("MCPLLC"); and WHEREAS. Marcus Cable Associatet L.L.C. is a wholly owned subsidiary of h1COC r which is in turn a wholly ownrd subsidiary of MCC;and t WHEREAS, Charter Communications Loldings, L.L,C„ a Delaware limited liability company("CC Huldings") is or will be the sole owner of MCC;and 4 i i 4 WHEREAS, CC Holdings is or will be wholly owned by the following entities: MCPLLC, Vulcan Cable, Inc., a Washington corporation ("Vulcan'l, Vulcan Cable II, Inc., a Washington corporation("Vukan li'l and Charter Communications, Inc. ("Charter"}; and WHEREAS, MCPLLC is owr+ed 74.366/o by Marcus Cable Properties, Inc., a Delaware corporation ("MCP Inc.')and 23.64%by Vulcan; and WHEREAS, Paul 0. Allen is the sole owner of MCP Inc., Vulcan and Vulcan 11 and owns 93.25% of Charter, and Allen thereby controls Marcus Cable Associates, L.L.C., the grantee under the Franchise;and WHEREAS, Vulcan is the Manager of MCC pursuant to First Amendment to Operating Agreement dated as of August 25, 1998; and WHEREAS, Charter is managing Marcus Cable Associates, L.L.C. pursuant to a Man- agement Consulting Agreement dated as of October 6, 199S; and i WHEREAS, the ownership and control structure as it will exist after the transfer of con- trol is shown in Exhibit A; and WHEREAS, the transfer of control of Marcus Cable Associates, L.L.C. to Allen, the re- s'ructuring of the Marcus and Charter cable businesses, and the management of Mr cus Cable .Associates, L.L.C. by Charter are hereinafter referred to collectively as the"Transaction,and WHEREAS, MCPLLC and Vulcan submitted an Application for Franchise Authority Consent on FCC Form 394 providing certain information with respect to the parties and the pro- posed transfer in occordance with Section 8.62 of the Code of Ordinances of the City of Denton, and the City has joined with a number of other cities in the Dallas/Fort Worth region served by Marcus Cable Associates, L.L.C. to hire the law firm of Vernum, Ridderiag, Schmidt& Howlett L.L.P. to examine and evaluate the transfer and to represent the cities in negotiations with Paul G. Allen and Marcus Cable Associates,U.C.regarding the transfer;and WHEREAS, MCPLLC, Charier and Vulcan submitted additional information and docu- ments relating to the Transaction and its ctTect on the provision of cable television service within the City in response to requests of the City;and WHEREAS, the City is relying upon the foregoing information and documents in acting upon the Application for Franchising Authority Consent;and 'VHEP.: .'tS,the City Council, relyingon the recommendation of Vsmum, Ridderiltg, Schmidt& ifoviletl, L.L.P, and the City staff, in accordance with Section 9-62 of the Code of Ordinances s .d applicable federal laws and regulations, has examined Paul 0, Allen's financial capabilities, ! !, Iegal qualifications, general character qualifications, and technical ability to meet community needs for cable television service and to comply with the provision of the Franchise, the current Pole Lease and Cable Duct Use Agreements,the conditions imposed by this ordinance,and with a"' , plicable local,state,and federal laws and regulations; and 5 I 4 WHEREAS, the City intends to consent to the Transaction, subject to acceptance by M scus Cable Associates,L.L.C., MCP Inc., CC Holdings, Charter, Vulcan and Vulcan 11 of the terms and conditions set foith herein,having determined that such consent is in the best interest of and consistent with the public necessity and convenience of the City; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council hereby consents to the Transaction, including the transfer of control of the Franchise and the cable television system from Marcus Cable Associ- ates, L.L C. to Paul G. Allen, subject to execution by Marcus Cable Associates, L.L.C., MCP Inc„ CC Holdings, Charter, Vulcan and Vulcan 11 of an Acceptance Agreement in the form at- tachcd hereto and incorporated herein as Exhibit 1, and subject to execution by Paul 0, Allen of an Agreement in the form attached hereto and incorporated herein as Exhibit 2. SECTION It. That the City Council hereby consents to and approves the transfer and assignment of all of Marcus Cable Associates, L.L.C.'s right, title, and interest in and to those certain Pole Lease and Cable Duct Use Agreements, attached hereto and incorporated herein as Exhibits 3 and 4 for the remaining terms of these agreements,subject to Pall 0, Allen agreeing to comply with all the terms and conditions contained therein. SECTION 111. That to the extent that this ordinance or the attached Acceptance Agree- ment and Agreement modify any of the terms and conditions of Ordinance No. 88.189 and Ordi- nance No. 95.191 and Chapter 8 of the Code of Ordinances of the City of Denton, said ordi- nances and Chapter 8 of the Code of Ordinances are hereby amended. Save and except as hereby amended, the remaining sections, sentences, paragraphs, and provisions of Ordinance Nos. 88• 189 and 95.191 and Chapter 8 of the Code of Ordinances shall remain unchanged and in full force and effect. SECTION Ill. That in accordance with Section 13,02 of the City Charter,this ordinance shall become effective twenty-one days after final approval, if, after that date,Vulcan and Char- ter shall have their written acctbtance of this ordinance by signing as provided below; and pro- -0 that, alter Anal approval and before expiration of twenty one days, the full text of this or• dinance shall be published once each week for two consecutive works in the official newspaper of the City, the entire expense of which shall be borne by Vulcan, Vulcan 11, and Chatter, The City Secretary is hereby directed to publish the full text of this ordinance in such official news- paper of t';e City once each week for two consecutive weeks Immediately following the passage of this ordinance on second reading. SECTIO Sj.y, That Paul G. Allen, Vulcan Cable, Inc., Vulcan Cable II, Inc., Charier Communications, Inc., and Charter Communications Holdings, L,L,C, fnr th tnsetves, their suc• i cescors and assigns shall accept this ordinance including the attached exhibits and ague to be bu+ind by all of its twins and conditions by executing the pr.agraph entitled ",Acceptance" on page 4 of this ordinat,ce, SECTION VI. That this ordinance shall be in full force and effect from and after its pas- sage, publication and written acceptance as above speciAed; provided however, that this ordi- 13 r I nance shall expire and be of no further force and effect on O,tober 31, 1999 if the entire Trans. action has not been consummated by that date. PASSED AND APPROVED this the day of 1, 1999. I JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY, APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ACCEPTANCE: By the sig in hereunder, Pbul 0. Allen, Vulcan Cable, Inc., Vulcan Cable 11,Inc„Charter Contmunicatio „ Inc., and Charter Communications Voldings, L,L.C,, the trans- feree and grantee, hereby repro r it that the officers signing below ari, fully authorized to bind the undersigned corporations ail individuals, and their signatures hereon constitute an accep• tance and Paul 0. Allen's and i : undersigned business entities' agreement to fully comply and abide by the terms and condit,, a of this ordinance, Ordinance Nos. 88-189 and 93.191 as amended hereby,the attached Acceptance Agreement and Pole Lease Agreement, the provisions of Chapter 8 of the Code of Ordinances of the City of Denton, Article MR "Franchises" of the City Charter,and all other applicable laws and regulations. PAUL 0.ALLEN BY: t Title: Date of Execution: I i f i i V?TLCAN CABLE,INC. BY: Title: Date of Execution: VULCAN CABLE 11, INC. i BY: Title: Date of Execution: CHARTER COMMUNICATIONS,INC. BY: Title: ! Date of Execution: CHARTER COMMUNICATIONS HOLDINGS,INC. BY: Title: Its A Date of Execution:_ AYH WlYOLI'ANAU M400D, sh,da 0 EXHIBIT 1 K. DENTON ACCEPTANCE OF TERMS AND CONDITIONS TO TRANSFER OF CONTROL OF A CABLE TELEVISION SYSTEM AND FRANCHISE ("ACCEPTANCE AGREEMENT") This Acceptance Agreement dated as of , 1999 relates to a cable television franchise granted by the City of Denton("City')in Ordinance No. 88.189,as amended by Ordinance No. 95.191 and an Acceptance Agreement dated September 121 1995. The foregoing Ordinances and the 1995 Acceptance Agreement are hereinafter referred to collectively as the "Franchise." Marcus Cable Associates, L.L.C., formerly Marcus Cable Associates, L.P., is the current grantee under the Franchise and is referred to herein as "Company' i Company is a wholly owned subsidian f Marcus Cable Operating Company,L.L.C. Marcus Cable Operating Company, L.L.C. is a whnlly owned subsidiary of Marcus Cable Company, L.L.C. Marcus Cable Company, L.L.C. is in turn wholly owned, directly or indirectly, by Marcus Cable Properties, Inc. ("MCP')and Vulcan Cable,Inc.,a Washington corporation ("Vulcan"). MCP and Vulcan are wholly owned by Paul G.Allen("Allen'). The following matters are the subject of this Acceptance Agreement: a Vulcan will become the Manager of Marcus Cable Company,L.L.C.pursuant to First Amendment to Operating Agreement dated August 25, 1998. 0 All.a has acquired 93.25% ownership of Charter Communications, Ine.t ("Chance'), a Delaware corporation that indirectly owns all of the Charter cable television operating entitles. Charter has been conducting the day-to-day operations of Company pursuant to a Management Consulting Agreement dated as of October 6, 1998. 0 Charter Communications Holdings, L.L.C. ("CC Holdings'), a Delaware limited liability company,owns or will own 100%of Marcus Cable Company, which wll] continue to own 100% of Marcus Cable Operating Comprny, L.L.C.,which in turn owns 100%of Company and 100%of all other Ma.cus � cable television operating entities. CC Holdings will also have indirect 100% a ownership el all Charter cai le television operating entities. 9 5.1 The ability of the City to obtain redress for prior Defaults, such as recovery of any underpayment of franchise fees or obtain refunds for periods . rar to the Transaction. 5.2 The ability of the City to ceforce in the future any Franchise terms which may not have been enforced in the past. 5.3 The ability of the City to consider Defaults occurring prior to the Transaction in connection with any renewal or nonrenewal of the Franchise. 5.4 This Section 5 is without prejudice to Company, MCP, Vulcan or CC Holdings co wending that the default or failure to comply has been cured. i 6. Validity of Franchise. Charter, MCP,CC Holdings and Vulcan accept and agree to be bound by the terms and conditions of the City Charter, the Franchise and ah ordinances applicable to Company's operations after the transfer. Cha.•ter, MCP,CC Holdings, Vulcan and Company do not contend that any provision of the Franchise is unlawful or unenforceable,not are trey aware of any ordinance or any provision in the City Charter which they contend is unlawful or unenforceable. The City acknowledges that the Franchise is in full force and effect. 7. Franchise for Cable Oniv.Company,MCP,CC Holdings, Charter and Vulcan acknowledge that the Franchise is granted solely for the provision of Cable Service including services described in Section 12. S. Service and F,guipmrnt rot'Public Fiji' its, 8.1 Following the transfer of control, Charter, MCP, CC Holdings and Vulcan will cause Company to continue to pfovide the same installations and service without charge to public facilities being provided at the present time,but in all events no less than is required by the Franchise, this Acceptance Agreement or any applicable city ordinance. 3 10 , I 9. Access to Records; The records;tnd reports of the franchise grantee wh!ch are to be submitted to the City or otherwise made available for the City(such as for Inspection by the City) pursuant to the Franchise or other ordinance or charter provisions of the City shall include records maintained by Charter, Vulcan,CC Holdings and their Affiliates to the extent necessary for the City to discharge its responsibilities under the Franchise, FCC rules or state or local law,or to insure compliance with the Franchise or this Acceptance Agreement. 10. Transaction Transparent to Rates: CC Holdings,Charter, MCP,Company and Vulcan acknowledge that unless expressly provided elsewhere in this Acceptance Agreement(a)the tnbisfer, the consent process,the City's action granting consent,and this Acceptance Agne rent and the terms hereof(other than Section 18.2,)do not provide any basis for increasing the amounts paid by subscribers through cost pass-through as so-called "external costs" or as new franchise requirements, (b) the consent process, action, and this Acceptance Agreement do not provide any basis for increasing the amounts paid by subscribers in any other manner,and(c)Company will not separately itemize costs or franchise requirements arising from this Acceptance Agreement on subscriber bills. IL Review of Purchase Price, Section 8-62(i)of the Cable Television Ordinance contains provisions relating to review b) the City of the price paid for the cable system and the impact of that price on future rates. In light of the present limitations and uncertaln future of rate regulation, the parties have agreed not to address the interpretation,application and enforceability of these rmvisions in the consent process. All such matters may be raised and decided in the future, MCP,Chatter and Vulcan agree that the City has not waived any claims or rights it may have In that connection by failing to pursue them in the transfer approval process and the City acknowledges that MCP, Charter and Vulcan have not waived any rights In that connection. 12, Cable Modem, High-$ e� d D ita and Intemet Service;. The Federal Telecommunications Act of 1996 modified the definition of"cable sea ices" in the Federal Cable Act (Title VI of the Communications Act of 1914, 47 USC Section 1IS and followIng). The change addresses cable companies' ability to provide Enhanced,Advanced Cable Services over a Cable System as a cable service (and not as a telephone service, with accompanying telephone regulation.) The Franchise predates and does not reflect this 4 t. legislative change. Company intends to provide Enhanced, Advanced Cable Services where economically feasible. 12,1 To remove any uncertainty on Company' authority to provide Enhanced, Advanced Cable Services the parties agree that Company has the authority to provide Enhanced,Advanced Cable Services under the Franchise and that the revenues therefrom shall be included in gross revenues for the purpose of computing and paying cable franchise fees. 12.2 If Company provides any Enhanced, Advanced Cable Services to residential subscribers within the City, then waoitt any initial or ongoing charge it shall provide the City cable modems and associated access to the Internet with a speed of up to 250 kbs, Such modems and service shall be provided to each City library located within City and to three (3)additional locations specified by the City in City buildings. 13, System UpgL If Company has scheduled an upgrade of Company's facilities in the City that has not yet been completed,the es6matcd completion date is shown on Schedule 13, Company, CC Holdings, MCP,Charter and Vulcan agree that the Transaction will not adversely affect the scope or timing of the upgrade. 14. Continuity of M n Bement. Company, CC Holdings, MCP, Chatter and Vulcan acknowledge that (a) at the time of submission of the Form 394 subscribers residing In the City were experiencing serious and ongoing deficiencies in service,(b)the provisions of Exhibit 8 are in response to these ' problems, and (e) the City Is approving the Transaction and the transfer of control in reliance on the actions taken by Allen and Charter in the interim to improve customer service and in the expectation of continuity of Charter's management to assure that the problems will not recur, Allen and Charter have informed the City that they intend to keep the present Chatter management team in place. Until the Transaction is completed, Charter will continue to manage Company and the cable television system in the City, 15, Frcgucncy of Rate Increases. Company will not file a submission to Increase its rates for basic cable service, equipment, or service calls regulated by the City more than ogee in each calendar year. , $ Q r t 16. Other Matters, 16.1 Conflilcs: In the event of any conflict between the terms of this Acceptance Agreement and the Franchise or any City Ordinance, that provision which provides the greatest benefit to the City,in the opinion of the City Council, shall prevail. 16.2 Waivers: The parties hereto will join the City in obtaining from the FCC any waivers or other relief from time to time necessary to effectuate the provisions of this Acceptance Agreement, 16.3 Null and Void: At the City's option this Acceptance Agreement and the City's consent to the Transaction shall become null and void in either of th% following circumstances. Such option may be exercised prior to completion of the Transaction by the City giving written notice to Company and Vulcan at the addresses designated in ire Form 394. t 16.3.1 If the transfer of control of the Franchise or any other part of the 'transaction is not completed on or before October 31, 1999. 16.3.2 If the Management Consulting Agreement dated as of October 6, 1998 pursuant to which Charter is directing the management of Company is terminated or if Charter's control over Company's operations is matctially reduced. 16.4 Costs: VUICCn will cause the City to be reimbursed for its reasonable expenses In connection with the consent process including publication costs and fees of consultants and attorneys. Such reimbursement shall not exceed the aggregate amount of S2 15,000 plus publication costs for the City and the other municipalities which have acted with the City in connection with the consent process. Reimbursement of costs and fees under thls provision shall not be considered a payment of franchise fees, shall not be passed through to subscribers and is subject to the provisions of Section 10. i 16,5 Venue and Choice of Lew: Venue of any suit under or arising out of 9 ,A, r, this Acceptance Agreement shall be exclusively in Denton Crunty, ( !!' V 6 13 f h Texas or In the United States District Court for the Northern District of Texas, This Acceptance Agreement shall be construed in accordance with the laws of the State of Texas. 16,6 Treatment of Liquid i Damages: Company, CC Ifoldings,MCP and Vulcan acknowledge and agree that liquidated damages under this Acceptance Agreement (including its Exhibits) and the Franchise do not constitute franchise fees, do not reduce the amounts otherwise payable as franchise fees,and will not be passed through to subscribers. 16.7 Y21CC•omnliance: By September 30, 1999 Company will become Y2K compliant and will establish and provids the City with a copy of a contingency plan to prevent disruption of mission critical components Including customer service matters, 16.8 Wire Maintenance Fn: Company has announced its intention to discontinue the 99¢ optional wire maintenance fee program that Company first implemented in 1998 ("Current Fee") and offer in its place an optional program covering maintenance of both telephone and cable wires for a monthly fee of approximately 994 ("New Program"). 16.8.1 ifthis occurs during or before March 1999: (a)the City will not seek to obtain refunds of amounts collected under the Current Fee;(b)if the City has adopted a Rate Order with respect to the Current Fee,the Rate Order will be deemed to be withdrawn; and (c) if there is a proceeding pending before the FCC with respect to such a Rate Order Company and the City will jointly request termination of the proceeding. 16.8.2 The City will not challenge the New Program during 1999 if the monthly charge remains under S 1,00, 16,9 Rte: Unless a final order of the FCC(affirmed on appeal if an appeal is taken) determines that franchise authority rate orders are automatically stayed by the filing of an appeal to the FCC, Company will implement each rate order adopted by the City unless and until Company obtains an order of the FCC or a court of competent , jurisdiclien staying the effectiveness of the rate order, Company will 7 14 V t+ 1 reimburse all attorneys fees and other expenses incurred by the City as a result of a violation of this Section 16,9. 16.10 Franchige Fee Calculation: Company will comply with the decision of the United States Court of Appeals for the Fifth Circuit In City of Dallas v FCC, t 18 F3d 393 (1997). 16.10.1 Company will pay the additional franchise fees due under the Fifth Circuit decision with interest and without pass-through to subscribers for the time period from September 1997 until Company implemented the decision. 16,10,2 Company will also pay the additional franchise fees due under the Fifth Circuit decision fur the period of time from the FCC's decision in United Artists Cable of Baltimore, 10 FCC Red. 7250(1995)to September 1997 j together with interest thereon. Company may pass through payments under this Section 16.10.2 to subscribers (other than interest) if and to the extent ` Company reduced its charges to subscribers as a result of the FCC's decision. 17. Institutional Network : Company shall provide, construct, operate and maintain an Institutional Network(excluding coders/decoders, Interface and other tetrr%jal equipment which will be supplied by Users) that will provide ' the City and other I•NET Users with Institutional Network Services. The I- NE'C shall be as set forth below, Unless the City agrees otherwise in writing, the I•NET, including the individual fiber optic fibers constituting all or a portion of it, shall be owned and maintained by Company but provided for the exclusive use of the City and other I-NET Users and shall be provided without any charge to the City or I-NET Users. 17,1 This Section is left blank. 17,2 Company shall Install and terminate additional fiber optic pain ("Incremental I-NET Fiber")In Company's future new and replacement fiber optic installations for use as an I-NET as follows, a s , � r s 45 � ` U U 17.2.1 City will inform Company in writing from time to time of the additional faciliias it would like to have served by an 1-NET. Company will use such information in it plans for future fiber Installations,where(for example)one rou-Ing will pass a facility City would like to have served and another(of comparable cost) would not, 17.2.2 By January 31 of each year Company will provide City with its conceptual plans for new and replacement fiber optic construction for that calendar year. 17.23 Company will also provide City from time to time during the year with written notice of conceptual plans for any additional fiber optic construction during that year (or January of the following year). Such notice shall be provided as soon as is feasible. 17.2.4 Upon written request by City, Company will provide City with a conceptual cost estimate (and other information City may r reasonably require)of installing Incremental 1-Net Fiber along I all or a portion of the routes that are a part of such conceptual plans. Such estimates shall be provided as soon as possible after request by City in order that City may have time to obtain approval (such as from its legislative body) to install such Incremental I-Net Fiber. 17.2,5 Aa to any route where City has requested a conceptual cost estimate, Company shall provide City with the final cost of installing Incremental I-Net Fiber (and such other information as City may reasonably request)as soon as Company's design of the fiber for such route is reasonably complete. City will have 30 days after receipt of the final cost figure to notify Company to install Incremental I-NET Fiber, 17,2,6 The cost of installing Incremental 1-NET Fiber shall be computed on an incremental basis, mearing the ditTerence in cost to Company of constructing and installing fiber on a givtn I f route (a) with, and(b) without, the Incremental 1-NET Fiber. c q 18 J r t, c. II I A 17.2.7 Company shall be reimbursed by City for the cost of installing I-NET fibers under this Section 17.2 comp:+ted as set forth in Section 17.2.6. 17.3 I-NET Maintenance. Company shall provide I-NET Users with a reliable level of service, repair and maintenance that at a minimum, meets the following performance standards: 17.3.1 Company shall maintain a minimum of 99.5 percent service availability to 1-NET Users measured over a period of one year. 17.3.2 Company shall respond to repair requests from an I•NET User for circuits identified as critical pursuant to Section 17.3.4 within 2(two)hours of the request. Company shall respond to other repair requests within f our(4)hours of the request. 17.3,3 Company shall provide ongoing maintenance at its discretion, as it deems necessary. Company shall provide at least one week advance notice to any affected I-NET User of any maintenance requiring temporary interruption of services, except In emergency situations. 17,3,4 Company and the City shall develop a mutually agreeable j priority listing of critical circuits and their terminal locations. When notifying Company of service complaints,an I•NET User shall identify critical circuits requiting priority repair.Company shall escalate repair of critical circuits to the extent reasonable under the circumstances. 17.4 Defirdtiont. 17.4.1 Institutional Network or L-M means the fiber optic communications network described in Section 17 and Schedule 17 to be constructed and operated by Company for the provision to I•NET Users (but not Cable Service subscribers) of Institutional Network Services. 17.4.2 Institutional Network cervices means the provision of usable { , bandwidth capacity to 1-NET Users through fiber optic lines for !t' r t0 17 J c applications including but not limited to two-way dedicated voice, data, video and telephony channels connecting and inlerconuecting facilities owned, leased or used by the City, schools, counties, road commissions or other units of state or local government. Other applications include but are not limited to computerized traffic control systems for coordinated traffic control on an area-wide basis; Supervisory Control and Data Acquisition (SCADA) systems for municipally owned water, sewer, gas and electric systems (including street lighting systems); interconnection of facilities serving police, fire and other public safety systems,video arraignment facilities for local courts,interconnection of government buildings for the two or one-way interchange of video signals; and local area networks or wide-area networks connecting governmental buildings,such as for GIS(Oeographical Informational Systems) purposes. 17.4.3 I NET Use means and is limited to the City and any school or unit of state or total government designated by the City to receive Institutional Network Services under this Acceptance I Agreement. 18. HDTV; Broadcast and cable channels are likely to convert in whole or in part to an HDTV(high definition television)format within the next few years,with 3 channels likely being delivered in both HDTV and conventional analog formats during a transition period. The following provisions address the ability of the City to acquire additional PEG Channels such that one or more Users may have their signals simultaneously delivered by the Cable,System in both an HDTV and conventional analog 6 MHz NTSC format for the transition period, and provide funds for Users to convert to an HDTV format. 18.1 R=rui Company shall provide quarterly reports to City on its plans and progress for HDTV conversion, including the number of channels to he converted,date,equipment changes, formats to be used and other information reasonably necessary for the City to be able to plan an appropriate and potentially concurrent conversion of PEG Channels and facilities to HDTV format. 18.2 SltttlLC After the date when Company provides at least fifty (50) channels in one or more of several high definition °elevision (or I1 18 +r successor) formats,as such formats may from time to time be adopted or in effect("HDTV Format'), then upon request from City Company shall provide a Capital Facilities grant to City sufficient for Users to convert all their facilities and equipment(including but not limited to studios, vans, video, audio, lighting, control, storage and editing equipment)to the HDTV Format selected by City but with the amount of such grant not to exceed 300 per auetomer per month when amortized over Company's subscribers as of the end of the calendar quarter preceding the date when the grant is made, using straight line amortization without interest for the lesser of five (5) years or the remaining term of the Franchise. City shall allocate the grant among Users for such purpose as City deems is in the public interest,Company shall modify the cable system whereby Company receives PEG signals from each User (for redistribution on its Cable System) so as to be capable of receiving and accepting the User's signals. City shall co- ordinate with Company to ensure that the HDTV Format selected by City is compatible with the format employed by Company. 18.3 Tempera. Additio al P Q Channels; After the date when Company provides e. st fifty(50)channels in HDTV Format, City may from time to time request, and Company shall provide, one additional PEG Channel so as to allow, to the extent deemed appropriate by City, PEG Channel simulcasting in both 6 MHz analog NTSC format and in an HDTV Format. Company need no longer provide the additional PEG j Channel described in the preceding sentence when Company no longer provides any channel of programming on the Cable System In 6 MHz ' NTSC analog furmot. 18.4 Allocation of PEO Channel_, As of the effective date of this Acceptance Agreement City may allocate and reallocate PEG Channels as follows,.City may at any time on six(6)months notice to Company allocate or reallocate the usage of the PEG Channels among and between different uses and Users. This expressly may include Ci y removing a User or PEG Channel, replacing a User or PEG Channa, requiring several different persons to share or jointly use a given PEG Channel or conversely allowing one or more persons currently sharing such a channel to have a channel on which they are the We User. 12 19 i I t 19, Leased Access and PEO Channels: The need for a PEG Channel can be removed by Company providing the User designated by City of such current or prospective PEG Channel with an otherwise identical teased access channel, so long as the leased access rate for such User is One Dollar($1.00) per year. In the event the preceding sentence is exercised it shall be applied first to educational channels and then to public channels. If applied to such channels the channel number on which they are carried shall not be changed and such channels shall be included in the basic tier of service and shall be listed in Company's program guide or comparable listing with an appropriate description, such as "City of Fort Worth Channel" or "Pori Worth Public Schools Channel." The need for a PEG Channel is removed only so long as the User in question in fact Is provided with such leased access channel 20. Transfer• City consent in advance shall be required for a transfer of control of Company, which shall include,but is not limited to,any of the following: 20.1 Any change In limited partnership interests, non-managing limited liability company Interests, or non voting stock representing thirty percent or more of the equity interests in the entity in question. 20.2 Any option, right of conversion or similar right to acquire interests constituting control without substantial additional consideration (such as compared to consideration previously provided). I 20.3 Any change in the effective control of Compny including that described in 47 C.F.R. § 76,501 and following (including the notes ' thereto but excluding footnote 20 as in effect on the date of this Acceptance Agreement. 20.4 A transfer by Paul 0. Allen of any interest in MCP,Vulcan, Vulcan It or Charter other than to an entity at least 80% owned by him that assumes the guarantees provided In Section 23. 20.5 Any transfer or transfers such that the direct and indirect ownership of Allen In CC Holdings is less than 70%. 20.6 Any acquisition of more than 10% ownership of CC Holdings by a person or entity(or a group of persons or entities acting together) other than Allen or entities wholly or more than 804/o owned by Allen. 13 20 i (1 I 21, Special Provision: Company will implement the refund plan in response to FCC Order OA47-2441 upon approval of the plan by the FCC and without filing a petition for reconsideration or other delaying action. 22. Definitions. The following definitions shall apply for the purpose of this Acceptance Agreement and its Exhibits. i 22.1 Affiliate means any individual, partnership, association,Joint stock company, limited liability company,trust,corporation,or other person or entity who owns or controls,or is owned or controlled by,or is under common ownership or control-Ath the entity In question. 22.2 ,Capital Facilities means PEO Channel and I-NET related facilities and equipment Including fiber lines,studios, production facilities, vans and cameras or other property having a useful life of more than one year,as well as any expenditures which increase or add to the value of the facilities or equipment, adapt the facilities or equipment to new or different uses,or maintain,restore,extend or prolong the useful life of such facilities or equipment. 22.3 Cable Service means 22.3.1 The one-way transmission to all subscribers of (i) Video Programming,or(ii)other programming services, by which Is j meant information which Company makes available to all subscribers generally, such as digital cable radio service,and 223.2 Subscriber interaction, if any, including but not limited to that which is used for the rejection or use of such Video Programming or other programming services, selecting from various on-screen options, use of Enhanced, Advanced Cable Services, game channels, interactive services, downloading programs or data access,or ordering merchandise,and 2213 Institutional Network Services. 22.4 Cable System or System means a facility consisting of a set of closed transmission paths and associated sitmal generatIun, reception, and ' ( / 14 21 II c r i I e ' control equipment that is designed to provide Cable Services to multiple subscribers within the franchised area,but such term does not include(i)a facility that serves only to retransmit the television signals of one or more television broadcast stations; (ii) a facility that serves subscribers without using any public right of way;(iii) a facility of a common carrier which is subject, in whole or in part,to the provisions of Title 11 of the Communications Act of 1934,as amended,except that such a facility shall be considered a Cable System (other than for purposes of Section 621(c) of such Act) to tE a extent such facility is used in the transmission of video programming directly to subscribers, unless the extent of such use is solely to provide Interactive on-demand services;(iv) an open video system that complies with Section 653 of Title VI of the Communications Act of 1934, as amended; or (v) any facilities of any electric utility used solely for operating its electric utility system. 22.5 Frig anted Advanced Cable Services means enhanced services, Information services, Internet protocol(IP)telephony,high speed data service, Internet access and Internet service(such as that of an Interric t service provider). 22.6 ECC means the Federal Communications Commission. 22.7 • T fact has the meaning set forth in Section 17.41 22.8 Institutional Network or I-N has the meaning set forth In Section 17.4.1. 22.9 Institutional Network Services has the meaning set forth in Section 17.4.2. 22.10 pFG Channels means the public channels, educational channels and government channels provided by Company on the cable system under tie Franchise,this Acceptance Agreement,or applicable ordinance,and shall include Icased access channels provided pursuant to Section 19 herein. 22.11 Uia means a person authorized to operate or use a PEG Channel (or a leased access channel provided n lieu of a PEG Channel under Section ' r I 15 22 c; 1 � 19)or the 1-NET,and shall include City. If several persons share the operation of a PEt3 Channel each person shall be a separate User. 22.12 Video Emgm=ing means ptogramming provided by, or generally considered comparable to programming provided by, a television broadcast station. 23. Quarant Marcus Cable Properties,Inc.,Vulcan Cable,Inc.,Vulcan Cable 11, Inc.,Charter Communications,Inc.i and Charter Communications Holdings, L.L.C.hereby Jointly and severally unconditionally guarantee perfomianca of the obligations of the Franchise an I of this Acceptance Agreement by Company. i i I Vulcan Cable, Inc. By: i Vulcan Cable 11, Inc. By: Marcus Cable Associates,L.L.C. By; Marcus Cable Properties,Inc, By: _ ..J 16 23 t� c. 4 Charter Coro municationit, Inc. By: Charter Communications Holdings, L.L.C. By: i i 'f r k C I 17 24 ry t �. e, I c� ownership and Control Structure Revised February 17, 1999 Paul 0.Allen rao% 100% 100% Ownenhlp + awmrehtp { Ownmhlp + awnsnhly Vulcan Cable,if, Charter e.t}% rmld Kens Marcus Cable Vulcan Cable, ewnenhlp gersy B+6tock Properties, Inc, Inc.• Inc. Cammc°ad°rtes H h H Howprd wood j 2$644 1 ! 1 u sd% ownership ! 1 Owrnnfilp 1 1 f 1 Marcus Cable F Charter Communications 1 Properties, L.L.C. v -1 -e Ioldings,L,L.C.+• 100% 100%diml ownership 1 and indincs ownership +d Marcus Cable I t Company,L.L,C,• + 100% 1 I ownership + Marcus Cable Charter 1 Operating Company, Communications L.L.C. Operating entities loo%drere l00% 1 MpmgementConsulting and indirw 1 1 ewnenhry Agreement, 10/6/98 awner,hrp all other Marcus Marcus Cable r Cable operating Associates,L.L.C., entities current IVanchise e- h F f- /- M e• /+ grantee • Vulcan Cable,Inc, is the Manager of Mucus Cable Company, L,L.C, per First Amendment to Operating Agreement daldd 8/25/91. +• Charier Communications Holdings,L.L.C.is IVA owned by Marcus Cable Properties,L.L.C„Vulcan Cable, Inc.,Vulcan Cable 11, Inc,, and Charter Communications,Ina,collectively. it is intended that these tour top tier eompanles will be merged Into s single entity In the Aiture. i a (1 1 EXHIBIT B TO ACCEPTANCE AGREEMENT CUSTOMER SERVICE AND CONSUMER PROTECTION L Customer Sendee,Standards: Company shall at all times comply with the more stringent of the customer service and consumer protection provisions of this Exhibit B,the Franchise and the FCC. This requirement is in addition to the specific provisions of subsequent sections set forth beb,w. 1.1 Company shall continue to comply with the National Cable Television Association's On-Time Customer Service Guarantee, a copy of which is attached as Exhibit 131. The guarantee promises on-time service calls or the customer receives $20.00, and on-time installation calls or the customer receives a free installation. The$20.00 may be in the form of a credit. 1.2 Company may provide the Customer Bill of Rights of Charter to its subscribers in the City. 2. City Monitoring: In addition to free outlets, free cable service or services otherwise requires by the Franchise,Company shall provide one service outlet (which shall be at the Cable Administrator's office at City Hall, unless otherwise specified by City)that shall receive without charge all programming (and any other Cable Services)provided by Company, including services of a premium, pay per view or other nature. Such service shall be provided in such a manner that City may monitor the programming and use of the cable system for compliance with the Franchise,this Acceptance Agreement, FCC technical standards,and applicable law. The services provided pursuant to this Section 2 shall be in a secure office location and not in a location open to public viewing. 3. Scrambl I n&j locking: Upon completion of the planned system upgrade to 860 MHz, Company shall at all times scramble both the audio and video portions of all channels with predominately adult oriented programming. 3.1 Upon request by a subscrber, Company shall entirely block such subscriber from receiving both the audio and video portion of any channel with predominantly adult oriented programming with devices 19 2e ` I C+ l• such as a notch filter which prevent the frequencies containing a specific channel or channels from being transmitted into the subscriber's premises. 4. PBy Per View: Subscribers shall be given the options of(a)not having pay per view or per program service available at all or (b) only having such service provided upon the subscriber providing a security number selected by an adult representative of the subscriber. 5. Not'ii cation: Company shall provide written information on at least each of the following matters(a)at the time of installation or reinstallation of service, (b)annually to all subscribers,and(c)at any time upon request of a subscriber or the City. The information shall be dated with the printing, revision, or effective date. 5.1 Products and services offered. 5.2 Prices (rates) and options for Cable Services and conditions of subscription to Cable Service. Prices shall include those for programming, equipment rental, program guides, installation, disconnection, mocessing charges for late payment and other fees charged by Company. 5.3 Installation and service maintenance policies. 3.4 Instructions on how to use Cable Services, including procedures and options for pay per view,premium channels and connection to a VCR. 5.3 Channel positions of programming carried on the cable system, including a listing specific to the City showing the channel names and numbers actually available to subscribers In the City. 3.6 Billing and complaint procedures with a notice for the subscriber to Initially contact Company with complaints and questions. 5.7 Applicable privacy tequirements as set forth in the Franchise or provided for by law. 20 I 27 t c; 5.8 The availability of lockout devices and the ability to have a channel entirely blocked or trapped(Section 3.1). 5.9 The refunds and free service available for violations of Sections 10 and 12 and how to obtain same. 5.10 The procedure for resolving signal quality problems set forth in Section 20.2. 6. Notice of Chans cs: Subscribers and the City shall be ncd fled of any changes In rates, Cable Services or channel positions e; soon as possible through announcements on the cable system or in writing. Company will notify City in advance of notifying subscribers and will make every effort to notify City forth-five (45) days in advance of a change. Unless a longer time period is required by applicable law or regulation, notice must be given to subscribers a minimum of thirty (30) days in advance of such changes if the change is within the control of Company and as soon as possible if not within the control of Company. In addition,Company shall notify subscribers and the City thirty (30) days in advance of any significant changes in the matters covered by the preceding Section 5. Notifications provided pursuant to this Section shall be dated with the printing,revision or effective date. 7. Telephone Service Standard s: 7.1 Company shall have a local or toll-free telephone number available for use by subscribers toll-bee twenty-four (24) hours per day, seven (7) ' days per week. 7.2 The local or toll-t?ce numbers shall be listed, with appropriate explanations, in the directory published by each local telephone company and in any significant directories published by others. 7.3 Trained Company Representatives shall be available to respond to subscriber telephone inquiries twenty-four(24)hours per day, seven(7) days per week. 7.3.1 As to video service matters, Me term "Ttvined Company i Representatives"shall mean employees of Company who have j ),' ` t the authority and capability while speaking with a subscriber to, r I 21 i 28 u 4 among other things, answer billing questions, adjust bills,and schedule service and installation calls. 7.3.2 This Section 7.3 will take effect October 1, 1999. 7.4 Under Normal Operating Conditions, telephone answer time by a Trained Company Representative,including wait time,shall not exceed thirty(30)seconds from when the connection is made. If the call needs to be transferred,the time to complete the transfer time shall not exceed thirty (30)seconds. These standards shall be met no less than ninety percent (90%) of the time under Normal Operating Conditions, measured on a quarterly basis. 7.5 Under Normal Operating Conditions, the subscriber shall receive a busy signal less than three percent (3%) of the time, measured on a quarterly basis. 8. Office:'H me 1)eliverwPick 1.1n: 8.1 Company shall maintain a physical office within the City,which shall include a place where subscribers may pay their bills,pickup and return converter boxes and comparable items and receive information on Company and its services. 81.1 The office shall be open at least from 8 AM to S PM Monday through Friday plus an additional 8 hours in the evening and/or ' on the weekend. 9. installation Standards: Under Normal Operating Conditions, installations located up to one hundred fifty(150)aerial feet from the existing distribution cat It system shall be performed within seven (7)business days after an order has been placed no less than ninety-five percent(95%)of the time, measured on a quarterly basis. 10. 1n=Uation / xvice Call 4: The following shall apply to sub, (rurrent or new)request,.ig installations or service: r ' 22 29 t• t: 10.1 Installations and service calls shall be available at a minimum from g AM to 7 PM Monday through Saturday. Company shall at the subscriber's option either(1) schedule the subscriber to be the first call of the day or last call of the day on a ftst come, first served basis, (2) schedule the appointment for a date certain on a "call to meet"basis where as the service technician finishes his/her prior task, the technician calls the subscriber and arranges to meet the subscriber shortly thereafter,or(3)establish an appointment window of no more than three(3)hours with the subscriber(or adult representative of the subscriber) or another appointment window mutually agreed upon bet-;-ten the subscriber and Company. 10.2 Company shall respond to the request for service in accordance with the option selected by the subscriber. 10.3 Company shall not cancel an appointment with a subscriber after S PM on the business day prior to the scheduled appointment. 10.4 if Company's technician is running late for to appointment with a subscriber and will not be able to keep the P..ppo'tntmeot as scheduled, the subscriber shall promptly be contacteJ. The appointment shall be rescheduled, as necessary, at a time which is convenient for the subscriber. {{ 10.5 In the event access to the subscriber's premises is not made available k to Company's technician when the technician arrives during the established appointment window, the technician shall leave written notification stating the time of arrival and requesting that Company be contacted again to establish a new appointment window. IO.o Notwithstanding the foregoing, if Company's technician or service representative telephones the subscriber during or prior to the appointment window and is advised that the technician will not be given access to the subscriber's premises during the appointment window, then the technician shall not be obliged to travel to the subscriber's premises or to leave the written notification referred to above, anrt the burden rhall again be upon the subscriber (or adult representative of the subscriber)to contact Company to arrange for a new appointment. 10.7 Except as otherwise provided above,Company shall be deemed to have responded to a service or Installation request under the provisions of 30 S• 12.4 Under Normal Operating Conditions,Company shall begin working on subscriber complaints involving impairment or degradation of signal quality (other than a Service Interruption) promptly and in no event later than the next business day after the problem becomes known to Company. 12.5 Company ahall be deemed to have begun work under the provisions of this section when a technician arrives at the service location. 12.6 Company shall provide affected subscribers, upon request by the City or the subscriber, with one day's free service (equivalent to the service they were receiving at the time of the interruption) for each day or portion thereof of Service Interruption. 13. Loa of Complaints: Company shall maintain a written log, or an equivalent stored in computer memory and capable of access and reproduction in printed form, of a random sampling of all cable-related customer Complaints within the City that are referred to Company's Customer Care Group. Such log shall be in form and substance acceptable to the City and at minimum list the date and time of each such Complaint,identify the customer to the extent allowed by law,and describe the nature of the Complaint and when and what actions were taken by Company in response thereto. The log shall be organized by City. The log shall be kept at Company's office in or near the City for a period of at least two (2) years and shall be available for inspection during I regular business hours by the City upon request. 14. M: Company shall comply with the following on Cable Service billing: 14.1 Bills shall be Issued monthly to each subscriber with a balance due or change of service. 14.2 bills shall be clear, concise and understandable. Bills shall be fully itemized,with itemizations Including,but not limited to, basic service, cable programming service, premium service charges and equipment charges. Bills shall also clearly delineate all activity during the billing period, Including optional charges, rebates, credits, and late charges. 143 Each bill shall prominently display Compary's local or toli•free �, r telephone numbers available for use by subscribers. If a bill has store than one portion (for example, one portion that Is kept by the customer and one portion that Is sent to Company)the numbers shall prominently ` t3 1 u appear on the front side of the portion of the bill retained by the customer. 14.4 Company shall respond in writing to all written complaints from subscribers regarding billing matters within thirty(30)days. 14.5 Company shall not disconnect a subscriber for failure to pay legitimately contested charges during a billing dispute. However, during a billing dispute Company may disconnect a subscriber for failure to pay charges that are not contested. 14.6 The City shall be given thirty(30)days advance notice of any change in the format of bills. 15. Refunds and Credits: Refund checks for Cable Service shall be issued promptly,but no Inter than either: 15.1 The subscriber's next billing cycle following resolution of the request or thirty(30)days,whichever Is earlier,or 15.2 If service is terminated, 30 days after return of equipment owned by Company or at the time of the next billing cycle,whichever is earlier. 15.3 Credits for Cable Service shall be issued no later than the subscriber's next billing cycle following a determination that a credit is warranted. J 16. Late Payment for Cable Service 16.1 Each bill shall specify on its face in a fashion emphasizing same(such as bold face type, underlined type or a larger font): "For payments received after (date)a$ processing fee for late payment may be charged" 16.2 No processing fees for late payment, however denominated, shall be added to a subscriber's bill less than twenty-one (21) calendar days after the mailing of the bill to the subscriber. 16.3 No processing fees for late payment, however denominated, shall be added to a subscriber's bill by reason of delay In payment other than 1 r those described In this Section 16. All such chargo shall be separately stated on the subscriber's bill and include the word "late" in the 1 description of them. 32 r I 16.4 There have been negotiations in connection with this Acceptance Agreement regarding the appropriate amount of fees that may be charged for late payment. The parties have agreed to withdraw this issue from consideration without prejudice to any claims and defenses. 17. Disconnection 17.1 Company shall not disconnect a subscriber for failure to pay until at least forty-five(45) days have elapsed after the due date for payment of the subscriber's bill and Company has provided at least ten(10)days written notice separate from the monthly bill to the subscriber prior to disconnection,specifying the effective date after which Cable Services are subject to disconnection. 17.2 Company may disconnect a subscriber at any time if Company in good faith believes that the subscriber has tampered with or abused Company's equipment,that there is a signal leakage problem(or other non-compliance with FCC rules or other standards which poses a risk to lives or property)on the subscriber's premises, or that the subscriber Is or may be engaged in the theft of Cable Services. 17.3 Company shall promptly disconnect any subscriber who so requests disconnection. No period of notice prior to requested termination of service shall be required of subscribers by Company. No charge shall be imposed upon the subscriber for or related to disconnection or for any Cable Service delivered after the effective date of the disconnect request(unless there is a delay in returning Company equipment). If the subscriber fails to specify an effective date for disconnection, the effective date shall be deemed to be the day following the date the disconnect request is received by Company provided that Company equipment has been returned. 17.4 The term "disconnect" shall include customers who elect to cease receiving Cable Service from Company and to receive Cable Service or other multi-channel video service from another person or entity. 18. Truth In Advertising:Company's bills, auvertising and communications to its ' current or potential subscribers shall be truth`'ul and shall not contain any false or misleading statement. For the purposes of the preceding, a statement is false or misleading if it contains an untrde statement of any material fact or omits to state a material fact necessary in order to make the statements made, 33 j r i in the light of the circumstances under which they were made,not misleading. 19. Bemis: Company shall provide reports to the City monthly (by the 15th business day of the following month) and quarterly(by the 15th business day of the following quarter)as follows, 19.1 The reports shall include the following forms currently used by Chdrter or otherwise in form and substance acceptable to the City,showing on a consistent basic,fairly applied,Company's compliance with customer service standards. 19.1.1 System Statistics Report, Exhibit B2, which coven customer service matters. 19.11 Monthly Report of Service Calls ',y Reason,Exhibit B3,which shall include an explanation of the categories of reported reasons. 19.1.3 Monthly Outage Summary by Franchise, Exhibit B4. 19.1.4 Monthly Service Call Availability Analysis and Insmilation Call Availability Analysis, Exhibit 135. 19.1.5 Monthly Customer Call Sample Report, Exhibit B6, both by City and on an overall basis, showing the results of a random sampling of customer complaints refer. Company's r Customer Care Group. 19.1.6 Monthly Call Center Performance Report, Exhibit B7 (excluding the 2%"assumed" adjustment). 19.2 Such reports shall show Company's performance excluding periods that were not Normal Operating Conditions ("Abnormal Operating Conditions")and if Company contends any such conditions occurred during the period in question,it shall also describe the nature and extent of Abnormal Operating Conditions and show Company's performance both including and excluding;the time periods Company contends such conditions were in effect. ' 193 At the City's request Company will provide additional inforrnation and �1 existing reports reasonably related to the measurement and evaluation { 34 of Company's compliance with the customer service requirements of the Franchise, the Acceptance Agreement, and this Exhibit B. 19.4 Reports of installations/service calls (Section 10) and service interruptions(Section 12)shall report matters occurring within the City. Telephone reports may be for a target area than the City if Company can demonstrate that it is, in fact, representative of the phone service provided within the City,such as where a call center receives calls from numerous municipalities with no ability to distinguish between or give preference to calls from one area or City over another. 19.5 The City,by itself or in combination wish other municipalities,reserves the right to audit Company(or any Affiliate of Company)to verify the accuracy of the reports required under this Section 19. All records (including those of Affiliates)reasonably necessary to conduct the audit shall be made available at a convenient location in the Fort Worth area, If the audit discloses performance that is three (3) percentage points worse than any of the standards of the referenced sections (such as compliance 92%of the time versus 95%of the time) Company shall pay the City's costs in connection with the audit within thirty(30)days of submission of an Invoice, 20• FCC Technical Standards: The following shall apply to Company's Implementation of and compliance with the rules and regulations relating to cable television technical standards for signal quality,currently set forth at 47 C.F.R. § 76,601 and following, and subsequent amendments thereto: 20.1 Company shall notify the City in advance of testing for compliance with FCC standards, The City may have a representative present to observe such tests and may designate one location to be tested. Company shall provide the City with a report of testing for compliance with such standards upon written request (but not more than twice a year). Such report to City shall state, in pertinent part, that the person doing the testing has reviewed the applicable rules rind regulations of the FCC,the industry standards and other materials referenced therein, and that such testing was done fairly and either shows full compliance with su :h rules and regulations or sets forth with specificity t.nd In detail ail areas of non-compliance, their actual or likely scope and r� causes, and Company's professional recommendation of the 6:st corrective measures to Immediately and permanently correct the non. compliance. 36 a t. t x 20.2 Company shall e,.tablish the 'ollowing procedure for resolving complaints from subscribers abort the quality of the television signal delivered to them: All compiair.ts shall go Initially to Company. All matters not resolved by Company shall at Company's or the subscriber's option be referred to the City for it to resolve. All matters not resolved by the City may to referred to the FCC for it to resolve. 20.3 The City at its expense (no more than twice per year,barring unusual circumstances)upon thirty (30)days written notice to Company may test the co.Lle system for compliance with the FCC technical standards. Company shall cooperate in such tests and provide access to the cable system. Compal-�y -hall reimburse the City for the full expense of any w a material non-com liance with such standards. which shows test P 21, Liquidaled Damages Telephone Service Installrtion Service Calla Company acknowledges that non-compliance with the customer service standards identified above will harm subscribers and the City and the amounts cf actual damages will be difticult or impossible to ascertain. For the second calendar quarter of 1999 and thereafter, the City may therefore assess the following liquidated damages against Company for non-compliance with the customer service standards set forth in Sections 7.3, 7.4, 7.5, 99 10.1, 10,20 10.3, 10.10, 12.1, 12.2 and 12.4(measured on a quarterly basis). Company acknowledges that the liquidated damages set forth below are a reasonable approximation of actual damages and that this Section 21 is intended to provide compensation and is not a penalty. 21.1 Telephone Standards. The damages for non-compliance with one or more of the standards in Sections 7.3, 7.4 and 7.5 during a calendar quarter are: 21.1.1 First non-compliance: 51.00 per subscriber. 2112 Second non-compliance within three(3) consecutive calendar quarters: $2.00 per subscriber 21.1.1 Third non-compliance within six (6) consecutive calendar quarters and (subject to Section 21.4) each subsequent non. compliance: $3.00 per subscriber, ' 1� 2L2 lice and Installation Stands. The damages for non-compliance with one or more of the standards in S actions 9, 10.1, 10,1, 10.3, 10.10, 12.1, 12.2 and 12.4 during a calendar quarter are: 36 U 1 21.2.1 First non-compliance: $1.00 per subscriber. 21.2.2 Second non-compliance within three(3)consecutive calendar quarters: $2.00 per subscriber. 21.2.3 Third non-compliance within sex (6) consecutive calendar quarters and (subject to Section 21.4) each subsequent non- compliance: $3.00 per subscriber. 21.3 Minimums. The liquidated damages for the first and each subsequent non-compliance under Section 213 or Section 21.2 shall be no less than $5,000,unless modified as provided In Section 21.4. 21.4 Effect tgf Extend d Period&ofComnlian;,�:. if Company complies with all of the standards identified in Sections 211 and 21.2 for eight consecutive calendar quarters,the damages for the fine subsequent non- compliance with any of those standards will be the greater of 250 per subscriber or S3,000. 21.4.1 Following such a non-compliapce the damages provided in Sections 21.1 and 21.2 will again be applicable so that the next non-compliance within four (4) consecutive calendar quarters will be subject to Sections 21.1.2 and/or 21.2.2. 21.5 An event of non-compliance will be taken into account In determining whether a later event of non-compliance is a second, third or subsequent evetd without regard to whether City has assessed liquidated damages or takes any other action with respect to the non- compliance. 21.6 Company shall report the number of subscribers within the City on the last day of the quarter by the 15th business day of the following quarter. 22. Liquidated Damages - Deter: 22.1 Liquidated damages in the amount set forth In Section 2 i.1.1 (but not less than the amount set forth in Section 21.3) may be assessed for failure to timely submit the quarterly teports required by Section 19. t 37 i d. 22.2 Liquidated damages maybe assessed for violation of the provision of Section 26.4 for submission of reports within five (5) business days in the amount of$1,000 per day. 23. Procedure for Amassment of Liquidate Daman: The procedure for consideration and assessment of liquidated damages is as follows: 23.1 Liquidated damages shall be assessed by the City Manager or his or her designee. 23.2 Company may obtain a review of the assessment by the City Council by making a written request within ten(10)business days after receipt of notice in writing of the assessment and its basis. 23.3 Company shall have an opportunity to be heard at a meeting of the City Council or by a person designated by the Council as a hearing officer prior to action being taken by the Council. 23.4 The City Council may adopt additional procedures, including appointment of a City official or other person to act as a hearing officer. i The Council's decision may be based upon the record of proceedings conducted by the hearing officer or a proposal for decision submitted by the hearing officer. 24. Payment of Liquidated Damages: Liquidated damages shall be paid on or before the tenth (10th) business day following assessment or, if Company requests review by the City Council, on or before the tenth(10th)business day following issuance of the Council's decision. 25, Ombudsma0: Company will provide a senior employee(at the Vice President er Director level)as director of government affairs and ombudsman reporting directly to a regional vice president of CC Holdings. The director of government affairs will have responsibility for working with the City and other cities in the area to address problems that may arise under the Franchise and shall be Company's ombudsman for both the City and subscribers. Company will give the City an opportunity to comment on the detailedjob description of the director of government affairs before the position is filled. , • P 26, City Ligiso n: Company shall contint a to provide problem solving liaison ! ± 1 services for the City of the type being provided to the City of Fort Worth by Charter's Customer Carr, Group in the Nall of 1998. The purpose of this service is to provide the City with direct access to supervisory level personnel 38 t' III s who can obtain prompt action on customer service problems referred by the City to Company. This service shall include at least the following: 26.1 The personnel providing the service shall be located in Tarrant County. 26.2 The personnel providing the service shall have sufficient authority and access to Company facilities and personnel in order to investigate and take appropriate remedial action without delay. 26.3 The City shall be given a special direct phone number to use (which may also be used by other cities,but which will not be made available to the general public) which will generally during normal business hours be answered by a live person and will provide immediate access to a person having the authority specified in the preceding section. 26.4 Company shall investigate (including an attempt to contact the subscriber) and respond to the City on each call, fax or written complaint or request by the end of the next business day and shall provide a written report within five(5) business days. 26.5 Company shall give the City notice in writing of changes in the key contact personnel or material changes in procedures involved In providing this service. Definitions: For the purposes of this Exhibit B,the following definitions shall apply: 27.1 Cable Administrator means the person designated by City as hiving principle responsibility for cable matters. 27.2 Complaint means a telephone call or written communication from a customer notifying Company of -% problem relating to Company's billing or billing practices, Company's equipment, picture quality, failure to receive one or more channels, a chmige in Company's practice or policy, Company advertising or other business practice, the conduct of a Company employee or contractor, or the failure of Company or a service representative to comply with customer service regulations. + ff:� 27.3 Normal ram .ondi ion'means those service conditions which are within the control of Company. 'Chose conditions which ate ZW within the control of Company include,but are not limited to,natural disasters, 39 tj t) ■ civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which = within the control of Company include,but are not limiwd to,special promotions, pay-per-view events, rate increases, regular or seasonal demand periods,changes in the billing cycle,changes in the form of bills and other billing matters, changes in channel lineups or services that are within Company's control, and repahs, rebuilds,maintenance and upgrade of the cable system including computer software and hardware. 27.3.1 YA. Y2K problems involving systems of Company, CC Holdings,Vulcan,Charter or Aftllates of any of them are not within the control of Company for purposes of measuring compliance with customer service standards during the period January 1, 2000 through and Including January 14,2000 but are within the control of Company before and aAer that period of time. 27.3.2 [Abot Dijpnk . Employee strikes,slowdowns and walkouts of less than 30 days duration are not within the control of Company. W 40 i ` i I a EXHIBITBI -XTM s,, On-'ding Customer kalco Guerantee Promos Our OA-Time Customer Servlee Gumntee Program undorwom our oormmitm6nt to provldiag our customers with the best service possible. This program Is not about retUW- It Is about snaking oustatner service a top priority. Simply stated, we pledge the following: ✓ On-time installation appointments or Oe installation of the primary outlet Is EM ✓ OA-time service appointments or the oustori<u receives S20 i it Al I EXHIBIT B2 System Statistics for City, Third Quarter 1999 homes Passed 11 19 Customers 4 937 Penetration 42% nstallations _ 400 isconnects 382 Net Gain E8 Techitiaf Perforrrtsnce Technical Service Calls 124 Technical Service Call Rate 75% Service Interruption Res22nse <24 ltrs. 98.7% Service Call Availability for Next Business Day 96.5% Instillation Schedules <7 days 99.0% System Reliability _ 99.927% Telephone Performance Calls Received 110,000 Calls Answered <30 seconds 101,000 Percentseeamwered <30seconds(un4' 91.8% Percentage answered <3awonds(adjust4 a 93.7% Reasons for adjustment: a ice storm 12/17/98 City Power outige 12/25/98 Calls to City Refereed to Ctuner ld On rime Pcrfotnonce Servicealls - 951 next business day 99.8% installations - 9S1 within 7 bvsinoss days )11% Service disruption - 951 within 24 fours i Trained Company Representative t available to respond to telephone Inquiries 24 hrstday, 7 days/week Percentage calls receiving busy slgnal Total outages reported r Adjustments are for Abnormal Operating Conditions as defined in Section, 19.3 and m3 or Wiibit 0, Accrplance Aytcernml. 42 I+ N 1 A �, R January Service Calls By Reason CdMMUNiQATiQNS' p9> 0�c 05(20) (01) (14j (09) C00% W chi A 1 (a) A) l CuA Ed(01) M idt Prof(02) 01ralde Prob(0)) ■RePleu$A(Od) S HV(OS) 1N Sysam Ref(06) 190th Plx(01) 1Repbc4cmv (OSJ A Rewire(09) StUndpDrop(10) ODlkta&rof(11) 6Oaxge(12) Pltnifix(1)) OOh(Drop(14) Mri+ Prob(IS) SOd,Cuaf(16) (3 Noi Horan(1?) •Reeate(11) 0 Hadoed N(14) 0064(20) a IM Pert Worth aarvica calls for January totalled 3987 it II EsX1111317' 134 Page I of 2 ^ J : : a a a a aaai a .,a oil l ^ �noe Z 1. I S �� ' }I!;Fi�r�.�'ee +M',► , Mt Ni = r .l;S��" qq$�la. 'I"` } '5t 33 �� X33 3�Y^ 3,i'E3 ' '3 � ;, ii i. X11,10 MMUM11,1110 a€IM'uia1..l tEtt 2EFEIEI � at III 2E.E17 E E � t � •1��?� ��. �� CIt��� � t ,C ter, I , ! �r C�� • r S S titi �r�j u' •T� I 1�IT_1 1 1 I � I 091: 3 3 t � l G k� ' rE �C6��� 64 ts36 G t I i�ErttA A Ftt 9i Fit E tE'i t Ui'7 :iEiEl t ii7IUMT 1 65 14 UK S n CC z a � c yyp�� * 1 I s g I ~ Y 44 I j ]?XI IIBIT B4 Page 2 of 2 1 I � II I � ` ri ;1 ' g fiE t it 2EZF 1 'E '; E�♦' d t iE E EIE'E , s M 46 ' r EXHIBIT B5 Cage I of 2 Sstllcs-CallAYallabilily AnalysiS Month of IA71UM �Oate t�atsh Duds some 1 Avaltability'Av}ilsbil!ty TnophyCluE 01 1199 0 oil" 0 0 0 011030" 0 0 0 0110099 0 0 O 01/0." 1 I 1 01106/99 0 0 0 01 10799 1 0 1 01/06199 0 1 1 01/09/99 0 0 0 OI/ION9 0 0 0 0111199 0 0 0 01/11199 1 0 0 01/13159 1 0 0 3 0111099 1 0 0 0111599 0 0 0 01/16199 0 0 0 01/11/99 0 0 0 01116/9 0 0 0 01/19/9 1 0 0 Oil" 0 0 0 01/21199 0 1 0 01122/99 0 0 1 01/23/9 0 0 0 01/24M 0 0 0 01125M 0 0 0 01/209 1 0 0 01!31199 1 0 0 01126159 0 1 0 01!29/4 0 0 0 OINM 0 0 0 .r.41/3l/9 0 µ,Vi 0 4 ...+ Stsrxlaril Mal ,YFiS 0 is SA H DAY i 121Its L Neat bay 2.T"bays C"I 46 t I c, EXHIBIT B5 a hagc 2 of 2 CnslallaUnn AvpllabMi-Analysis Month of I timm Data Avatlsbility 01101199 0 OMM 0 0110]/99 1 01104199 0 OW/49 I 01"1 4 0 01/07/99 0 O1A6% 0 01109199 0 01/10)199 0 Ol/It/99 0 01/12/49 O 01/13199 a OIA4149 0 a1ns199 0 Ot/16M 0 01/17/519 0 011109 0 01/19M 0 OirAm 0 01n1M 0 01/um a O1/23m 0 01/24/99 0 O1nsm 0 em" 0 01/17/99 0 olnsm 0 Ota9N9 I 01/" 1 01131199 0 real 4 r. 0.5AMF DAY< 12 Fin I a Pleat Day 2=Two Mys Out 47 _. ._ j M , EXHIBIT B6 Customer Call Samplo - Januay CON sepwe lu G N._bei Vofige Ra"d 1'e 11 15 1.674 PAQ$Pda► 3 27% VOWMW 3 2�% Calec&" 4 1e% owavaown 8 72% Rrw m*v 4 3.6% 4"WW a 1.4% ringelsom / OMA I Pull, Problem 1 Q9lfi IT , r 48 J �. t EXHIBIT B7 ° � IL ILIL 5 i s LL aa 7` AA a p 0 P c oo EE pOp '" � 33 : 3333333 �•�,33 : : �3 . 3 �3 � 3 ::� � 3 0000 oee o{c 00 o 0 0 u E f w law y� A ' r� I a c, W MAWCDOCSTIM16700)11 I 60 t• I EXHIBIT 2 DENTON AGREEMENT Paul G.Allen, as transferee of ultimate control of Marcus Cable Associates, L.L.C., makes the following agreement for the purpose of accepting an ordinance of the City of Denton("i ity'�consenting to the transfer of control of the cable television franchise in the City and thk- restructuring described in an Acceptance Agreement dated_ , 1999. Capita;,*zed words and phrases in this Agreement have the meaning set forth in the Acceptance AL,vement. 1, Covenants Binding. The promises, covenants, and conditions contained herein inure to the benefit of the City and are binding on Allen. 2. Acknowl irmenl: Allen acknowledges that the transfer of control and restructuring are expressly subordinate to and will rot affect the binding nature of the Franchise and the obligations previd:d therein, and that the consent of the City to the Transaction does not constitute a waiver or release of any rights of the City. 1 3. Reliance: Allen acknowledges that the City has consented to the Transaction in reliance upon the representations, documents and information provided by Company,Charter, Vulcan and Allen,all of which are incorporated herein by reference. 4. @jLered Prior Defaults. Allen agrees that he will not contend directly or indirectly that any defaults or ftilures to comply with the franchise or other matters set forth in 47 USC § 546(c)(1)(A)(Communications i A (collectively"Defaults')which may Act of 1934, Section 626(c}( x }( Y i have occurred prior to the Transaction are waived, including but not limited to the following: 4.1. The ability of the City to obtain redress for alleged prior Defaults, such as recovery of any underpayment of franchise fees or obtain refunds for periods prior to the Transaction. 4.2. The ability of the City to enforce in the future any Franchise k terms which may not have been enforced in the past. ( f 51 c s, 4.3. The ability of the City to consider alleged Defaults occurring prior to the Transaction in connection with any renewal or nonrenewal of the Franchise. 4.4. This Section 4 is without prejudice to Company contending that an alleged default or failure to comply either did not occur or has been cured. 5. Continuily S°.Mppagement, Allen acknowledges that(a)at the time of submission o: the Form 394 subscribers residing in the City were experiencing serous and on-going deficiencies in service, (b) the provisions of Exhibit B are in response to these problems,and(c)the City is approving the Transaction and the ttansfer of control in reliance on the actions taken by Allen and Charter in the interim to improve customer service and in the expectation of continuity of Charter's management to assure that the problems will not recur. Allen has caused the City to be informed that he intends to keep the present Charter management team in place. 5.1. Allen agrees that if there is any substantial change in Charter's senior management prior to December 31,2001,then (a) Allen or William D. Savoy, and (b) a top officer of Charter, upon request, will appear in person in a Flrblic forum in Tarrant County, Texas(to be held jointly witt other cities with whom Allen has made a similar agreement) in advance of the change for the purpose of explaining the change and answering questions. "Substantial change' for purposes of this Section means a change of the CEO of Charter or the senior executive reporting to him or her who is responsible for the systems in Texas managed by Charter. L i Date:__,_ Paul 0. Allen 52 I u EXHIBIT 3 i I CATY POLE LEASE AGREEMENT ` BETWEEN CITY OF OENTON, TEXAS AND GOLOEN'TRIANGLE COMMUNICATIONS j I I I I 63 i r u CATV Pole Lease Asreement i Index . P.S.. Application for Permission to Attach, Article I1I 3 Cost of Pole Replacamenta, Article VI 10 Definitions, Article I 2 Existing Contracts, Article X► 19 J General, Article XII 17 Indemnity end Insuranee, Article Y 16 Installation and Maintenance of Attachments and Poles, Article V 6 A'atice, Article IV 19 Payment of Bills, Article XIII is Protection Against Claus for Libel and Slander, Copyright and Article Patent Infringement, n 17 Rentals, Article VIII 12 Rights-of-Way, Legal Authority and Default, Article VII 11 Scope of Agreement, Article II 2 Specifications, Article IV 3 Term and Termination of Agreement, Article IX 13 I Are 64 I 4 CATV POLE LEASE AGREEMENT THIS AGREEMENT made as of the _2n day of May, 1979, between the City of Denton, Texas, a Home Rule Municipal Corporation, hereinafter called Licensor, and Golden Triangle Communications, a partnership of the State of Texas, having its principal office at Atlanta, Georgia, hereinafter called Licensee. WfITNESSETH: i WHEREAS, Licensee proposes to furnish a CATV service (as hereinafter defined) to residents of Denton, Texas, intends to erect and maintain an antenna tower(s) located at Dentons Texas and proposes to install coaxial i television cables, amplifiers and drop wires, wires and appliances together with ajsociated cable messengers, anchors and other appurtenances (herein- after sometimes collectively called "equipment") throughout the area to be served and desires to attach such equipment to Poles of Licensor and/or to I i poles us±d Jointly by Licensor and other companies; and WHEREAS, Licensor is willing to permit, to the extent it may lawfully do so, the attachment of said equipment 'to its poles where, in its Judgment, such use will not interfere with its own service requirements or, as it may I be advised, the service requirements of other Point users, including conside- rations of economy and safety. r k I r � � ' I 65 c• c. NOW, I&IMMOREp in consideration of the mutual covenantsp tares and a conditions herein contained, the parties hereto do mutually covenant and agree as follows: ARTICLE I DEFUITIONS 1. All references herein to "Licensor's poles" or "its poles" shall mean poles solely owned by the Licensorp jointly owned by Licensor or the pole space rented or obtained by other arrangements by Licensor from another owner., 2. All references herein to "joint user" Shall mesa (1) a Company or municipality which together with Licensor has a percentage ownership in ► pole, (2) a public utility company or municipality which has attachment privileges nn Licensor's poles, or (3) a public utility company which owns poles oa which Licensor has ittachaient privileges. p 3. All references herein to "CATY service" shall Da&O the trans- mission to subscribers of off-the-air pickup of broadcast signals or the transmission without separate charge of locally originated closed circuit television to the subscribers of off-the-air service. ARTICLE II SCOPE OF AGRED MNT 1. Licensor hereby agrees to license and permit Licensee to attach its equipment, for the primary purpose of furnishing CATV service within the a.ra outlined in red un the map attached bsreto as Exhibit A, to such of its 1 58 c poles as are, is the judgment of the Lictasor, suitable and available for such attachments, subject to the conditions and limitations contained herein. b 2. Licensee agrees that its equipment to be attached to Licensor', poles shall be installed for the purpose of providing CATV service and shall be used primarily for furnishing CATV service. Any residusl channel capacity, however, may be used by Licensee for any I&vful purpose. 3. Licensee agrees to secure from the proper franchising authority, a franchise to erect and maintain its equipment within public streets, highways and other thoroughfares provided such franchising authority exists, sad shall secure any and all consents, permits or licenses that may be legally required for its operations hereunder. Prior to the execution of the Agreement, Licensee shall deliver to Licensor documentation satisfactory to Licensor evidencing that all such franchise's, consents, permits or licenses have been obtained. 4. Licensee agrees to assist tat sad bear the expense of, securing any consents, permits or licenses that may be required by Licensor by reason of this Agreement. ARTICLE III APPLICATION FOR PEMISSION TO ATTACH 1. At least thirty (30) days prior to the time Licensee desires to attach its equipment to any of Licensor's poles, it Shall make written appli- cation on the form tacked Exhibit B attached hereto and made a part hereof, in the number of copies from time to time prescribed by Licensor. Upon approval of 57 U said application, Licensor shall return one copy of Exhibit B to the Licenses bearing the eodorsegie t of its permission. 2. Upon receiving such endorsed copy of said application, but not sooner, Licensee shill have the right, subject to Article IV hereiu, to install, maintain and use its equipment described in said application upon the poles identified therein, provided that Licensee shall complete each installation within one (1) year trod date of said approved application; provided, however, that before commencing any such installation, Licensee shall notify Licensor of the time when it proposes to do such work and that within thirty (30) days of ccmpletion of such work, Licensee shall notify Licensor and, in the event Licensor elects to have its representative present, Lifansee shall reimburse Licensor for the cost and expense thereof. ' 3. khere costs are involved. in the rearrangement of Licensor's or other facilities to accommodate Licensee's equipment, two signed copies of said application shall be returned to Licensee detailing tie costs in the space provided thereon for that purpose. Approval of said application by Licensor is subject to receiving authorization from Licensee, on said application is the. space provided thereon for that purpose, to make changes and rearrangements, at i Licensee's sole risk and expense, detailed by Licensor with said copies of said application. i 4. Licensee shall not have the right to place, nor shall it places any additional equipment upon any pale used by it hereunder without first making application therefor and receiving Licensoe's permission to 0-a so, all as 1 58 1 prescribed in paragrapb I of this Article; nor shall Licensee change the position of any equipment attached to any such pole without Licenser's prior s written approval. The provisions of this Article shall not restrict the attachment of television drops to television crossarms or television cable messenger. It is aireed that a charge equal to one and one halt (1-1/2) tines the pole rental amount, as specified in Article VIII, per attachment shall be levied against and paid by Licensee to Licensor for any unauthorized attachment made by Licensee to Licansoe s poles or facilities. This charge will be ie addition to rental charges from the time -of said unauthorized attachment. rearrangement costs, or other appropriate charges. In the event that the time of the unauthorized attachment cannot be determined, it shall be deemed to have occurred on the date succeeding the day on which the last joint survey was made in accordance with Paragraph 1 of Article V. • S. It is agreed and understood that in the care of jointly-used poles, permission to attach thereto shalt be subject to Licensor's obtaining approval from such joint users and/or owners whenevar necessary- . .. . , ARTICLE IS SPECIF�IG?TIONS 1. ' Licensee, at its oov cost sad expense, shall construct, maintain and replace its attachments on Licensor's'poles in accordance with W such requirements and specifications as Licensur shall from time to time prescribe, (ii) in compliance with any rules or orders now in effect or that hereafter may Le issued by any regulatory Commission or other authority having jurisdiction, 59 k and (iii) the requirements and specifications of the National Electrical Safety Code, 1977 edition, and any amendments or revisions of said specifications a code. In addition, all attachments shall be made by Licensee in accordance wit'. this Agreement and Exhibits 1-10 attached hereto and made a part hereof. Licensee agrees to comply, at its sole risk and expense, with the specifications of all Exhibits attached hereto, as reviseC from time co time by Licensor in accordance with the provisions of ibis Arttele IV. ARTICLE V rNSrALLATrON AND MAINTENANCE OF ATrACFQtEM AND POLES 1. The exact location of Licensee's attachments on poles shall be determined from a Joint survey to be made, at such times as shall bi mutually agreed upon, by representatives of Licenser, Licensee std, if desired by a Joint user. Licensor may inspect each new installation of Licensee on its poles Mtd in the vicinity of its lines or appliances and tray make periodic inspections of the entire plant of Licensee as plant conditions nay warranty and, License@ shill, to demand, reimburse Licensor for the cost of such surveys and Inspections. Such inspections shall tot operate to relieve Licensee of Say responsibility, obligation ur liability assumed under this Agreement. 2. Where Licensee's attachment• can be accoonodated on poles of Licensor by rearranging or clanging the facilities of Licensor or other Joint users, Licensee agrees to pay Licensor in advance the cost of makins such i rearrangements or changes. Strengthening of poles (guying) required to accom- modate the attachments of Licensee sad she bonding of Licensee's strand to that f r i 80 i M of Licensor shall be performed by Licensee at its sole risk and expense. Such work, however, may be performed by Licensor at its options and in such event � Licensee shall per to Licensor in advance the cost of all such work. S. ..Upon written notice from Licensor, Licensee shall relocate or replace its equipment attached to Licensoe's poles, .cr transfer the same to substituted poles, or perform any other work in connection with said equipment that may be requested ,by Licensor, at Licensee's sole risk and arpense'S provided, however, tbat in cases of smsrgeacy Licensor may, it Licensee's sole risk and expanse, arrange to relocate or replace the facilities attached to said poles by Licensee, transfer tham'to substituted pales or perform any other work in connection with said facilities that may be required in the maintenance, re• placntent, removal or relocation of said poless the facilities thereon or the equipment vhith may be placed thereon, o: for the servits needs of Licensor. 4. Licensee shall notify Licensgr imi advanced of the time whim it proposes to replace any of its equipment/attachsd to Licensor's poles. / S. All tree trimeing required on account of Licensee's equipment shall be done by Licensee at its sole risk and expense and in a manner satis- factory to Licensor and any other joint users. 6. Licensee shall, at its skole risk and expense, maintain all of its attachments on Licensors poles in safe condition and in thorough repair. 81 ' c 7. Licensor reserves to itself, its successors and assigns the right to maintain its poles and to operate its facilities thereon in such msoner as will best enable it to fulfill its public service requirements. Licensor or other joint users shs U not be liable to Licensee for any interruption to the service of Licensee or for interference with the operation of the equipment of Licensee, unless the service interruption was created solely by acts of Licensor. g. Nothing herein contained shall give to the Licensee the right to place a crosaarm on say pole. ;f a crossarm is required to accommodate the 'facilities of the Licensee, then Licensee shall so state the reasons therefore In its application for attachment. �I I I 9. d Liceraee shall not at soy time Juke any additions to, or changes in, the location of its attatbsents no that poles covered by this Agreeoett i without the prior written consent of Licensor except, in caeRs of smergeacy, when oral permission shall have been obtained from Licensee's authorised representative at Denton, Texas sad subsequently confirmed in writing. 10. If Licensee should require the locati+a of its equipment upon any public thoroughfare or other public or private property in the conduct of its business in the territory covered by this Agreement and Licensor shall not have pole facilities so located to fulfill Licensee's requirements, Licensee shall to notify Licensor, and the parties shall thereupon determine who shall place such PIN , 62 i Pole facilities in such location. The pole facilities shall be erected in such locations adequate to most the service requirements of both Licensee and Licensor, and if placed by the Licensor, the Licensee shall thereupon make application for permission to place its equipment thereon as provided in this Agreement. If the pole facilities ate placed by Licensee, at►.achment privileges shall be made available to Licensor at a rental not to &%teed the rental being charted Licensee hereunder. 11. Nothing in this Agreement shall be construed to obligate Licensor to grant Licensee permission to use any particular pole and Licensor at its discretion may revoke permission theretofore granted to Licensee with respect to any particular pole. If such permission is refused, Licensee is free to make any other arrangement not prohibited under the terms of this Agreement, it-may wish to provide for its equipment at'tbe location in question. 12. R'heeever, pursuant to the provisions of this Agreement, Licensee shall be required to remove its attachments from any pole, such removal shall be made, except as otherwise specifically provided, within thirty (30) days following the giving of notice to Licensee by Licensor to so remove. Upon failure of Licensee to remove such attachments within such thirty (30) days or , as otherwise,required, Licensor may remove them and eharge all costs associated . with such removal to,Lieenses. 13. Licensee agrees that it shall not interset poles where Licensor's facilities are located nor skill it locate poles, guys, er other I facilities where in either ease they will interfere with access to Liconsor's / poles or violate say provision of the National Electric Safety Code. 63 i M i ARTME VI cost oT Pour 1tEPLACE n-rs 1. Whenever Licensee applies for permission to attach to A pole that is considered by Licensor to be insufficient in height or strength for accommodation of Licensee's attachmests, or in the event that Licensor or a • joint user of Vat pole shall require the space occupied by Licensee's existing attachments, M Aasor, shall notify Licenses of such fact and of the estimated east to Licensee of replacing such pole with a pole which vill accommodate the attachments of Licensee, Licensor and any such joint user. Within thirty (30) days of such notificstion, Licensee shall either notify Licensor (i) of its approval of such replacement or (ii) of its cancellation of the application vith respect to such pole or (iii) in the case of existing attachments, of its election to remove its attachments from the pole. 2. In the event of Licam ee's approval of such replacement, Licamar shall replace the pnle and Licensee shall pay to Licensor in advance the charges therefore computed as followss Thv total cost of the now pole, the removal of the old pole, the trarsferring of Licensor's and any such joint user's attachments from the old to the u:v pole sad such oilier costs, if any, necessitated by Licensee's requirements, less the total of the followings accrued depreciation on the old pole, salvage, if any, and the cost of such portion of the new pole, if guys which represents space reserved for the use of Licensor or an,, such joint user greater than that provided for them on the old pole, less Appropriate contribution by say other licensee, if any. ( / { i . II 64 r r ARTICLE VII RIGHTS-or-WAT. LEGAL AMORITY AND DEFAULT 1. Upon execution of this Agreement, Licensee shall submit evidence satisfactory to licensor of its authority to erect and maintain its equipment within public streets, highways and other thoroughfares and shall secure any necessary license, permit or consent from Federal, state or municipal authorities and from the owneres of property now or hereafter required to it construct and maintain such equipment at the locations of poles of Licensor to which it desires to attach. In the event any such franchiuk, license, permit or consent is revoked or is thereafter denied to Licensee for any reason, permission to attach to liceasor's poles shall isseediately terminate, Licensee shall within ressoaable tine remove its equipment from Licensor's poles and Licensor at its option may forthwith terminate this Agreement'. 1. . upon notice from Licensor to Licensee that the cessation of the use of any pole or poles has beo-n requested or directed by rederal, 'state or municipal authorities* or property owmers, permission to attach to such pole or ' poles shall immediately terminate and Licensee shall forthwith remove its equipment therefrom. 3. If Licensee shall fail to comply with any of the ptovisions of this Agreement, including the specifications hereiabefore referred to, or defaults in any of its obligations under this Agreement, and shall fail within thirty (30) dal�s after written notice from Licensor to correct such default or �r A 3 65 11r f , B noncompliance, Licensor may, at its option forthwith terminate this Agreement in its entirety or, at its election, revoke the permit covering the pole or poles involved in such default or noncompliance, or at Licensor's option, obtain service of an attorney to institute suit or other Judiciai proceeding to remedy and default by Licensee in its performance of the covenants, terms and conditions of this Agreement and Licens" expressly agrees that the defeated party shall pay reasonable attorney's fees and expenses of such legal counsel . ARTICLE Ylll RENTALS 1. For the privilege of placing and maintaining attachments on f Licensor's poles. Licensee shall pay an annual rental rate of five dollars ($5.00) per contract. 2. Rentals shall be payable annually in advance to the Licensor on the first day of January each year during which this Agreement re- mains in effect. 3. At anytime after two (2) years from the date of this Agreement and at intervals of not less than two (2) years thereafter, the rentals shall be subject to adjustment by Licensor upon written notice. 4. Rental payment shall be made within sixty (60) days of the receipt of statemenc. Any late payment shall bear an Interest Me of ,�( ten percent (10%) per annum. rff\ I E�8 S. The Licensee and Licensor shall together maintain a perpetual inventory of total Licensee contacts through the use of Exhibit Be "Appli- cation of Permit," and Exhibit C, "Notice of Removal," and all future rental fees shall be based on such perpetual inventory. The Licensor may at its option use a physical inventory in lieu of perpetual inventory. The cost of such physical inventory shall be shared proportionally among the participating companies. 6. In the event Licensee sakes an attachment to the Licensor's pole at anytime after commencement of this Agreement and fails to comply to Article III, Paragraph 1 hereof, then Article III, Paragraph 1, shall apply. 7. . In the event that Licensor files a tariff with tie appropriate regulatory authority during the term of this Agreement covering attachments mdAe to its poles, Licensor reserves the right to subs: itute the rates and charges covered by such tariff in place of the rentals set forth to this Article. 8. The Licensee shall reimburse the Licensor in advance for all not capital costs incurred by Licensor as a result of replacing poles and equipment as required by Licensee for the initial installation of Liconsee's attachments. Licensor shall credit such advance reimbursement by Licensee to initial and subiaquent rental lease fees. Licensor shall notify Licensee of the estimated net costs of such replacements on the application forma. Licensee shall make payments of such estimated costs and final adjustments in paysents or credits shall be made at tha completion of the work +md shall i be based on actual costs Incurred. A , . 87 'r �I I ARTICLE IX NANO TERMINATION OF AGREEMENT 1. This Area a at, if not previously terminated in accordance vith the provisions here*[, shall continua in effect for a term of five (S) years and thereafter until terminated as ptovided herein. The Agee- swat may be terminated at the and of said time or at any tisw thereafter by either party riving to the other party at laast Meaty (90) days vrittsa notice. Uwe termination of the ARraemant Lim accordance with any of its termr, Licenses shall remove its said equipmsat from all poles of Licensor vithin thirty (30) days thereafter. 1 i I I Z. Liceasee may at say time remove its equipment attached to say pole or poles of Licensor, but shall immediately give Licensor written notice of y such removal in the form of Exhibit C attached hereto and made a part hereof. No credit or refund of any rental shall be allowed Licensee an account of such removal. 3. This Agreement shell be subject to termination by Licensor I without notice, or, vhrre circumstances permit, upon five (S) days' written notice to Licensee, upon objection being jade by or on behalf of any i governmental authority asserting proper jurisdiction thereon. ARTICLE X INDDWITT AND INSURANCE I. Licensee shall indemnify, protect. and hold harmless Licensor and other joint users of said poles from and against say aad all loss, costs , claims, demandi, damage and/or expense arising out of any demand, claim, suit or Judgment for damages to property kad injury to or death of persons, including the officers, &Seats sod employees of either party hereto and other joint users of said poles, including payment fade under any worlmea's Compensation Law and under say plan for employees' disability and death benefits, which may arise out of or be caused by the ereotion, maintenance, presence, use or removal of said equipment or by the proximity of the eespective cables, wires, apparatus and appliances of the parties hereto or other joint users of said poles, or arising out of any act or emission or alleged act or omission of Licensee, including any claims and demands of customer•& of Licensee. r 89 `F 1 I k j 2, licensee shall carry insurance, at its sole cost and expense, to 1 protect the parties hereto and other joint users of said poles from and against any and all such claims and demaiis and from and against any and all actions, judgments, costs, expenses and liabilities of every name and nature which may arise or result, directly or indirectly, from or by rea- son of the acts or omissions of Licensee hereunder and irrespective of any fault, failure, negligence or alleged negligence on the part of Licensor or of any other joint user of said poles. The amounts of such insurance are set out in Section 27-58 of Ordinance No. 78-21 of the City of Denton ordinances, and the licensee will comply with- the provisions of that section. Licensee shall promptly advise an authorized representative of Licensor of all claims relating to damage to property or injury to or death of persons, arising or alleged to have arisen in any manner by, or directly or indirectly associated with, the erection, maintenance, presence, use or removal of Licensee's equipment. 2. Licensee has furnished $30,000 in security as required by Section 27-43 of Ordinance No. 78-21 (Cable Teleti 'sion Franchise Ordinance) and such sum shall also guarantee the performance of all the covenants, terms and conditions of this agreement. 3. Licensee shall exercise special precautions to avoid damage to facilities of Licensor and of other joint users on said poles and hereby assumes all respensitility for any and all loss for such damage. Licensee A shall make an immediate report to Licensor of the occurrence of any fuch ( � ` damage and hereby agrees to reimburse Licensor for the expense incurred in making repairs necessitated thereby. 70 i u IIII • T1 IC1Z?CI PROTECTION AGAINST CLAIMS FOR LIBEL AND t SLAYM. COPYRIGHT AND PATENT IMINGEMM I. Licensee shall indemnify, protect and hold harmless Licensor from sad agiinst any and all claims for libel and slander, copyright and/or j Patent infriagesent arising by reason of attachment by Licensee of its equipnaot to Licenser's poles pursuant to this Agreement. ARTICLE 211 OCRUL I. Licensee shall not assign, tranifer or sublet this Agrew at, or any of the privileges hereby granted to it, vithout the prior written convene of Licensor. Provided, however, that Licensor's consent shall not be required to place mortgage or lira upon the' facilities of Litansei for the purposi of financing tLe installation, Loprovemput, maintenance or asteasiou of its system. 2. No use, however extended, of Licensor's piles under this Agree went shall create or vest In Licensee any ownership or property right in said pole, but Licensea's rights therein shall be and romsin a more license, Nothin= herein contained shall be construed to compel Licamor to maintain any of its poles for a period longer than that demanded by its own service require- ments. -16- 71 c, 3. Nothing herein contained shall be construed as affecting the rights or privileges previe)usly conferre4 by Licenser to others, by contract or otherwise, to uae any poles covered by this Agreement, and Licensor shall have the right to continue to extend such rights or privilegest the attachment . I privileges granted hereunder shall at all times be subject to such contracts and arrangements sad. i,thins contained herein. shall be construed as affecting the right of Licensor w grapt attachment privileges to such other parties as it may desire to do so. 4. Tailure to enfores or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general waiver or relinquishment of any such terms or conditions, but the same shall be ind remain at all times in full force and effect. S. Subject to the provisions of paresraph I 4 this Article, this Agreement shall extend to and bind the successors and assigns of the parties hereto. 6. Notbiag contained herein shall be construed as affecting the rights conferred or exercised by the parties under present or future governmental authority or regulation. AR71CLE YI, Irx pAXIfENT___, Ot BILLS 1. All amounts payable by Li�anset to Licensor corder the provisions of this Agreement shall, unless otherwise specified, be payable within thirty (30) days after presentation of bills therefor. Nonpayment of any such amounts Ate due shell constitute a default under this Agreement. r 72 c . c ARTICLE XIV EXISTING CONTRACTS 16 All existing Agreements between the parties herite for the Joint use of facilities are by mitual consent hereby abrogated and superseded by tht, Agreement. ' Nothing in the foregoing shall preclude the parties to this Agreement from preparing such supplemental operating routines or working practices as they mutually agree to be necossary or desirable to effectively administer the provisions of this Agreement. ARTICLE XV 1. Any notice provided in this Agreement to be given by either party hereto to the other shall be deemed to have been duly given when made in wirting and deposited in the United States Mello postage prepaid, addressed ' as follows: TO LICENSEE: Golden Triangle Communications 53 Perimeter Center East Suite 300 Atlanta, Georgia 30346 TO LICENSOR: City of Denton 21S Wt McKinney , Denton, Texas 76201 Attn: Director of Utilities F 73 U R IN WITNESS WNEAEOF, the parties hereto have caused this Agreement to be duty executed as of the day and year first above written, CITY OF OENTON, TEXAS, LICENSOR 8Y I ATTEST: GOLDEN TRIANGLE COMiUNICATIONS, LICENSEE Viet fketi3aavr I Cek C*4r a of TtMwe ,rr". ATTEST: AWrr 3 Gac C.44&e. CR ` TC�eM� txta �IIT�1cbl I � i 74 r i U li i i i i EXHIBIT 4 I CABLE DUCT USE AQRZEMW1 aETWEZN THE CITY Or DZNI'ON, TZXAS AND SALMONS CO"ICATIONS, INCA 76 U it { 2095L I q TABLE OF CONTENTS Article peso I , Definitions 1 II. Scope of Agreement 2 III. Application for Permission to Install Cable 3 IV. Specifications 4 V. Installation and Maintenance of Cable and Duct 4 VI. Rights-Of-Way, Legal Authority and Default 5 VII. Fee 6 VIII. Term and Termination of Agreement 6 IX. Force Majeure 7 X. Indemnity and Insurance 7 XI. Limitation on Assignment and Transfer 8 htl . Supplemental Operating Routines or Working Practices 9 XIII. Notice 9 , Attachment Exhibit As Drawing No. P.U.L.D. 132 Revision Level 01 Dated June 24, 1985 Attachment Exhibit B: Drawing Ila. P.U.E.D. 133 Revision Level 0, Dated June 240 1985 Attachment Exhibit CI Drawing tto. P.U. E.D. 134 Revision Laval 0, Dated June 26, 1985 Attachment Exhibit D, Drawing No. P.U.E.D, 135 Revision Leval It Dated July 5, 1985 45 i . i . 78 i II �I 2095L CADLM DUCT USE AGREEMENT This Cable Duct Use Agreement made and entered into' effec- tive and operative as of the day of , 1988 by and between the City of Den of o;Texas a -Rome Rula Municipal Corporation, hereinafter referred to as I'Licensor," and Sammons Communicatione , Inc. , a Texas Corporation, hereinafter referred to as "Licensee;" WITNES3ETH2 WHEREAS, Licensee is franchised to furnish CATV Service (as hereinafter defined) to residents of Denton, Texas and is the alai not of and bound by a certain "CATV POLE LEASE AGREEMENT" dated the 7th day of May, 1979, between the Licensor and Golden Triangle Communications, which permits the Licensee to attach equipment necessary to the provision of CATV Service to Licensor's electric utility poles; and WHEREAS, Licensor has caused poles to be removed and under round "The cable duct to be installed for the purpoae of distribution of electricity in the area commonly known as The Square" and further defined in Exhibit; A, Drawing No. P.U.E.D. 1132, Revision Level 0, Dated June 24 1985; Exhibit 8, Drawing No. P.U.E.D. /133, Revision Level b, Dated June 24, 1985; Exhibit C Drawing Not P.U.E.D. 1134, Revision Level 0, Dated June 26, 1985; Exhibit D Drawing No. P.U.E.D. X135, Revision Level 0, Dated July 5, 1945 ; and WHEREAS, Licensor has dedicated a duct within Licensor's System of Ducts to be used for CATV Service to subscribers in said area and is willing to permit, to the extent it may lawfully do so, the use of said duct by Licensee where, in Licensor's judgment , such use will not interfere with its own service requirements or, as it may be advised, the service requirements of the Joint Users, present or future, including consideration of economy and safety. NOW, THEREFORE, in consideration of the , mutual covenants, corms and conditions herein contained , the pantie+ hereto do mutually covenant and agree as follows : ARTICLE I . DEFINITIONS 1. All references herein to "Licensor', Duct" or "Licensor' $ A, .. _ System of Ducts" or "Licensor's Duct System" shall mean duct ( !r � 77 and related appurtenances consisng of vaults , manholes , unction boxes , and pull boxes soleltiy owned by the Licensor, ointly owned by Licensor, or evict rented or obtained through other arrangements by Licensor trom another owner. 2. All references herein to "Joint User" shall mean (l) a company or municipality which together with Licensor has a percentage ownership in a duct or system of ducts , (2) a public utility company or municipality which has use privileges for Licensor'@ duct , or (3) a public utility company which for duct for which Licensor has use privileges . 3 . All references heroin to "CATV Service" shall mean all services provided by Sammons Communications as defined in its franchise agreement with the City of Denton. 4. All references herein to "Licensee ' s Cable" shall mean the coaxial cable or Cables and associated Joining fittings used as the transmission media for CATV Service. S. All reference herein to "Licensee ' s Equipment" shall refer to amplifiers , power supplies and other similar support equipment that is not suitable for inclusion in duct system manholes, vaults , Junction boxes and pull boxes . ARTICLE I1. SCOPE OF AGREEMENT 1. Licensor hereby ogress to license and eermit ticensae to route Licensee's Cabla, for the primary purpose of furnishing CATV Service in accordance with its franchise, within the area commonly known as "Thc Square," and further defined by Exhibits A, 8, C and D; to such of Licenser's Dict System of as are, in the Judgment of the Licensor, suitable and available for such cable , subject to coniitions and limitations contained herein. 2. Licensee agrees that only cable shall be routed through Licensor's Duct and rotated manholes, vaults, pull boxes and Junction boxes and that Licensee @hall install Licensae's Equipment in above ground locations sited to prevent interference with Licensor's access to said manholes, vaults , pull boxes and Junction boxes. 3 . Licensee agrees that this Agreement extends only to the use of the Licensors Duct System as defined on Exhibits A. 8, C, and D ; and that Licensee agrees to secure and maintain from the proper franchising authority , a franchise to erect and taintsin its equipment within public stretts, highways and other thoroughfares provided such franchising authority exists, ( ! '� PAGE 2 78 C• and shall secure any and all consenta, permits or licenses that may be required by law for its operations. 4. Licensee agrees to assist in and bear the expense of securing any consents, permits or licenses that may be required by Licensor by reason of this Agreement. ARTICLE III. APPLICATION FOR PERMISSION TO INSTALL CABLE I. At least thirty (30) days prior to the time Licensee desires to install cable in Licensee's Duct System, it shall make written application to Licensor. Licensor shall review Licensee's application and upon approval , shall supply Licensee written approval to proceed with installation. 2 . Upon receiving such written approval but not sooner, Licensee shall have the right , subject to Article IV herein, to install , maintain st,d use Licensee's Cable described in said application in ducts identified therein, provided that Licensee shall complete each installation within one (1) year from date of said approved application; provided however, that before commencing any such installation, Licensee shall notify Licensor at least five days in advance of the time when it proposes to do such work and, in the event Licensor elects to have its representative present , Licensee shall reimburse Licensor for the cost and expense thereof. 3. Where costs are involved in the rearrangement of , Licensor's Duct or other facilities to accommodate Licensee's Cable, the Licensor shall notify Licensee of these estimated costa and Licensee shall notify the Licensor in writing that actual costs will be paid by Licensee to effect such rearrange- ment . Licensor shall then make said changes and rearrangements at Licensee's mole risk and expense, and upon completion shall notify the Licensee that installation of cable may proc a d. 4. Licensee shall not have the right to place, nor shall it place, any of Licensee ' s Equipment in Licensor's System of Ducts and its associated manholes , vaults pull boxes, and junction boxes; and shall install only the Licensee ' s Cable and fitting required for its termination and assembly or connection within the duct system. Licensee's Equipment nacestary for the fall operation of and delivery of CATV Service shall be constructed, housed, or mounted external to Licensor's System of Ducts . i 5. Licensee shall not change the position of any cable . !"►, ' routed through Licensor 's Duct System witho►,t Licensee' s prior I' PAGE 3 79 r written approval. The provisions of this Article shall not restrict the attachment of service drops from Licensee' s Cable installed in the Licensor's System of ducts. ARTICLE IV. SPECIFICATIONS 1 . Licensee, at its own cost and expense, shall construct maintain and replace Licensee' s Cable in accordance with (i5 such requirements and specifications ss Licensor shall from time to time proscribe, (ii) in compliance with any rules or orders now in effect or that hereafter may be issued by a regulatory Commission or other authority having jurisdiction and (iii) the requirements and specifications of the National Electrical Safety Code, 1987 Edition, and any subsequent amendments or revisions of said specifications or code. ARTICLE V. INSTALLATION AND MAINTENANCE OF CABLE AND DUCT I. Upon written notice from Licensor, Licensee shall, wit„tn thirty (?0) days of receipt of such notice, relocate or replace Licensees Cable or transfer the same to a substitute duct system or perform any other work in connection with said Cable chat may be tiqueated by Licensor, at Licensee's sole risk and expense ; proviiedr however, that in cases of emergency, Licensor may, at Licensees sole risk and expense, arrange to relocate or replace the Licensee's Cable, transfer said Cable to a sub- stitute duct system or perform any other work in connection with said Cable that may be required in the maintenance, replacement, removal or relocation of said duct system, for the service needs of Licensor. 2. No additions to, or change of locations of Liconioe ' s Cable in Licensor' s Duct System shall be undertaken without the prior written consent of Licensor except in cases of emergency, when Licensee must obtain oral permission from Licensor e authorized representative, presently designated as the City of Denton, Director of Utilities and subsequently confirmed in writing , 3 . Licensee shall, st its sole risk and expense, maintain all of Licensee' s Cable in Licensor' s Duct System in safe condition and thorough repair. Licensor or its agents shall be sole judge of suitability of such condition and repair. 4. Licensor reserves to itself, its successors and aasigns the right to maintain Licensee's Luce System and to operate its ft,cilities therein in such manner as will beat enable it to PACE 4 80 ` i i ys fulfill its public service requirements. Licensor or the Joint Users will make every reasonable effort to prevent interruption to the service of the Licensee but shall not be liable to Licensee for any interruption to the service of Licensee. or for interference with the operation of the Licensee' s Equipment. S. Nothing in this Agtasmant shall be construed to obligate Licensor to grant Licensee permission to use any particular duct and Licensor at its discretion may revoke permission therefore granted to Licensee with respect to any particular duct if Licensor can make a substitute duct system available. If such permission is refused, Licensee is free to make any other arrangement not prohibited under the rme of this Agreement it may wish to provide for Licensee'& Cable at the location in question. 6. Whenever, pursuant to the provisions of this Agreements Licensee shall be required to remove Licensee' s Cable from any duct , such removal shall be made except as otherwise specifi- cally provided, within thirty (30y days following the giving of notice to Licensee to so remove. Upon failure of Licenses to remove Licensee' s Cable within such thirty (30) days or as e' s C otherwise required, Licensor may remove Licenseable and charge all costs associated with said removal to Licensee. ARTICLE VI. RIGHTS-OF WAY# LEGAL AUTHORITY AND DEFAULT 1 . In the event any such franchise, license , permit or consent necessary for the lawful provision of CATV Service is revoked or is hereafter denied to Licansea for any reason, permission to routs Licensee' s Cable through Licensor's Duct System shall immediately terminate, Licensee shall # within a reasonable rime, remove Licanaoe' s Cable from Licensor' s Duct s stem and Licensor, at its option, may forthwith terminate this Agreement. 2 . Upon notice from Licensor to Licensee that the cessation of the use of any duct system has been requested or directed by Federal , state or municipal authorities, permission to route Cable through such duct system shall immediately terminate and Licensee shall forthwith remove Licensee's Cable therefrom. 3. If Licensee shall fail to comply with any of the provisions of this AgrAement, including the specification heretofore referred to , or defaults in any of its obligations under this Agreement, and shall fail within thirty (3 days after written notice from Licensor to correct such default or noncompliance, Licensor may, at its option: PACE 5 81 i a) forthwith terminate this Agreement in its entirety; or , b) at its election, revoke the permit covering the duct or ducts involved in such default ur noncompliance ; or, c) at Licensor' s option, obtain service of an attorney to institute suit of other judicial proceeding to remedy any default by Licensee in its perform.nce of the covenants , terms and conditions of this Agreement. Licensee exppressly agrees that it shall pay reasonable attorney's Eeas and expenses of such legal counsel. ARTICLE VII. FEES 1 . For the privilege of placing and maintaining Licensee' s Cable in Licensee's Duct System as shown on Exhibits A, 81 C and D Licensee shall pa an initial fee of $18 000, and the sum o $20.00 per year for the next fourteen (14) years , due able 0 and a n 8c payable lobar 1 , of each year. 2. No additional fete will be paid by Licensee durinb the term of this Agreement except as provided elsewhere herein. 3. Payment of the :18,000 fee shall be made within thirty (30) days of the execution of this agreement. Failure to pay such amount when due shall constitute a default under this Agreement. ARTICLE VIII. TERM AND TERMINATION OF AGREEMENT 1 . This agreement, if not previously terminated in accord- ance with the provisions hereof, shall continue in effect for a term of fifteen (13) years and thereafter until terminated as provided herein. The Agreement may be terminated at the and of said term or at any time thereafter by either party giving to the other party at least (90) days written notice.giving- of the agreement, Lir ntee shall remove Licensee's Cable for the Licensoe's Duct System within thirty (30) days of the effective termination date. 2. Licensee may at any time remove Licensee ' s Cabe from Licenser's Duct System but shall immediataly Siva Licensor d written notice of intent of such removal and Licensee's Latent I / f PACE 6 82 II J1 i to terminate this Agreement. No credit or refund of any fee shall be allowed Licensee on account of such removal. 3 . This Agreement shall be subject to termination by Licensor without notice, or, where circumstances permit, upon five (S) days written notice to Licensee , upon objection being made b or on behalf of any governmental authority asserting prior ?urisdictions thereof. ARTICLE IX. FORCE MAJEURE If either party is rendered unable, wholly or in part , by force mafeure or other causes herein specified, to carry out its obligations under this Agreement, other then the obligation to make payment of amounts due hereunder, it is agreed that on such party'& piving notice and reasonable full particulars of such force majoure in writing to the other party within a reasonable time after the occurrence of the cause relied on, then the obligations of the party giving such notice, so far as they are affected by such force majeure or the causes herein specified, shall be suspended during the continuance of any inability so caused, but for no lunge^ period, and such cause shall so far as possible be remedied with all reasonable dispatch. For purposes of this Article, force ma}eure means any cause or event not reasonably within the control of either party; including without limitation the followings aces of Cod; strikes; lockouts ; o ders of any kind of the government of the United States or of the State of Texas or of any of their departments, agencies or offioials , or civil or military auth- orities; insurrections; civil disturbances; epidermis; land- slides , lightning ; earthquakes; fires; hurricanes , tornadoes; storms; typhoons ; cyclones ; waterspouts; floods; washouts; arrests; restraints of government .end people; explosions; breakage or accident to machinery and transmission lines or poles . i ARTICLE X. INDEMNITY AND INSURANCE 1 . Licensee shall indemnify, protect and hold harmless Licensor and other Joint Users of said duct system from and against any and all loss, costs, claims, demands, damage And/or expense arising out of any demand , claim, :suit or Judgment for , damages to property and injury to or death of parsons, including the officers , agents and emp loyeea of either party hereto and other ;oint bears of said duct system, including payment made / �' I PAGE 7 83 under any workers' Compensation law and under any plan for employees' disability and death benefits, which may arise out of or be caused by the erection maintenance, presence, use or removal of Licensee's Cables or by the proximity of the respec- tive cables , wires , apparatus and appliances of the parties hereto or other Joint Users of said duct system, or arising out of an act or omission of alleged act or omission of Licensee, including any claims and demands of customers of Licensee. 2 . Licensee shall carry insurance, at its sole cost and expense, to protact the parties hereto and other Joint Users of said duct system from and against any and all such claims and demands and from and against any and all actions , judgments , costs, expenses and liability of every name and nature which may arise or result, directly or indirectly from or by reason of the a-ta or omissions of Licensee hereunder, and irrespective of any fault , failure, negligence or alleged negligence in the part of Licensor or of any or the joint users of said duct system. The minimum amounts of such insurance are sat out in Section 27-58 of Ordinance No. 78-21 of the City of Denton Ordinances, and the Licensee will comply with the provisions of that section and as the same may be av*ndad. Licensee shall promptly advise the authorized representative or Licensor of all claims relating to damage to property or injury to or death of persons arising or alleged to have arisen in any manner by, or direct{y or Indirectly associated with, the erection, maintenance, presence, use or removal of Licensee ' s property. 3. Licensee shall exercise special precautions to avoid damage to facilities of Licensor and or the Joint Users in said duct& and hereby assumes all responsibility for any and all lose for such damage, Licensee shall make an immediate report to Licensor of the occurrence of any such damage and hereby agrees to reimburse Licensor for the expanse incurred in making repairs necessitated thereby. ARTICLE XI. LIMITATION ON ASSIGNMENT AND TRANSFER 1. Licensee shall not assign, transfer• or sublet this Agreement , or any of the privileges hereby granted to Its without the prior written consent of Licensor. Provided, however , that Licenser' s consent shall not be required to place a mortgage or lien upon the facilities of Licensee for the purpose of financing the installation, improvement, maintenance or extension of its system. , 2 . No uses hawevar extended, of Licensor' s Duct System under �. e this Agreement shall create or vast in Licensee any ownership of PAGE 8 84 r. i k property right in Licensors Duct System, but Licensee's rights therein shall be and remain nothing more than a License. Nothing herein contained shall be construed to compel Licensor to maintain any of its duct system for a period longer than that demanded by its own service requirements. 3. Nothing herein contained shall be construed as affecting the rights or privileges previously conferred by Licensor to others, by contract or otherwise, to use any ducts covered by this Agreement, and Licensor shall have the right to continue to extend such rights or privileges * the use privileges granted hereunder shall at all times be subject to such contracts and arrangements and nothing contained herein shall be construed as affecting the right of Licensor to grant use privileges to such other parties as it may desire to do so. 4. Failure to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a •neral waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect. 5. Subject to the provisions of per&graph 1 of this Article, this Agreement shall extend to and bind the successors and assigns of the parties hereto. 6 . Nothing contained herein shall be construed as effecting the rights conferred or exercised by the parties under present or future governmental authority or regulation. ARTICLE XII. SUPPLEMENTAL OPERATING ROUTINES OR WORKING PRACTICES 1. Nothing in the foregoing shall preclude the parties to this Agreement from preparing :uch supplemental operating routines or working practices as 'hey may mutually agree to in writing to be necessary or desitzi:le to effectively administer the provisions of this Agreement. ARTICLE Xltl, NOTICE 1 . Any notice provided in this Agreement to be given by either party hereto to the other shall be doomed to have been duly given when made in writing and deposited in the United States hail, postage prepaid, addressed as follows: A PAGE 9 85 r u TO LICENSEE: TO LICENSOR Sammons Comaunications, Inc. City of Denton 105 Industrial Attn: Director of Utilities Denton, Texas 76201 215 East McKinney Denton, Texas 76201 ' 114 WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed &S of the day and year first a6ova written. CITY OF DENTON, TEXAS, LICENSOR BY: Z� ATTEST: ogtm� &"a� EM APPROVED AS TO LEGAL FORId: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: SAMM0,1S COMMUNICATIONS, INC. , LICENSEE i BY: 4 ATTEST: 404 PAGE 10 88 f I�, i i Do ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW OFFICES OF JIM BOYLE FOR SERVICES PERTAINING TO LEGAL AND LEGISLATIVE MATTERS RESPECTING THE CITY OF DENTON MUNICIPAL UTILITIES BEFORE THE 761" TEXAS LEGISLATURE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council deems it necessary and In the public interest to engage the Law Offices of Jim Boyle, Austin, Texas, to provide professional legal services to the City pertaining to certain legal and legislative matters pending before the 76* Texas Legislature, respecting the City of D.nton Municipal Utilities;and WHEREAS, the City has previously engaged the professional legal services of the Law Offices of Jim Boyle by an agreement heretofore approved by the Council, which expired on December 31, 1998 on similar matters. Thereafter, the City has requested the Law Offfcei of Jim Boyle to continue peforming professional legal services on its behalf in advance of the approval by the Council of this Agreement for Professional Services, because of exigent, emergency circumstances in connection with matters currently bef>re the 76`" Texas Legislature, involving the City's concerns and Interests; and now the scope and extent of the services to be performed by the Law Offices of Jim Boyle have been Identified and quantified, and are provided for In the Agreement for Professional Legal Services; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the foregoing professional services, as set forth in the Agreement for Professional Legal Servi:cs;NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION]; That the City Manager Is hereby authorized to execute an Agreement for Professional Legal Services with the Law Offices of Jim Boyle for professional legal services pertaining to certain legal and legislative matters involving the City of Denton Municipal Utilities before the 766 Texas Legislature, In substantially the form of the Agreement for Professional Legal Services attached hereto and incorporated herewitl by reference. SECTION li: That the award of this Agreement is on the basis of the demonstrated competence and qualifications of the Law Offices of Jim Boyle and the ability of the Law Offices of Jim Boyle to perform the professional legal services needed by the City for a fair and , reasonable price. i r SECTION 111: That the expenditure of funds as provided for in the attached Agreement for Professional Legal Services Is hereby authorized, a c SECTION IV: That the Agreement for Professional Legal Services is hereby ratified and retroactively approved,and shall be effective from and after January I, 1999. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1999. JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY By: APPROVED AS TO LEOAL FORM: HERBERT L. PROUTY,CITY ATTORNEY By' -- I v a 3%0w Wwmem 0dinenc0Mlm9q tc?ft T%tells KA doc ' 0 c: �Ei 26 1337 FRI 12:06 m 000000 Fnn 4. 512474207 F'. 02110 AGREEMENT FOR PROFESSIONAL LEGAL SERVICES STATE OF TEXAS i COUNTY OF DENTON THIS AGREF.MEN'1', made and entered into this day of 1999, by and between the Law Office of Jim Boyle, with lien Boyle havint full autlarity to execute this Agreement, 1005 Congress, Suite 550, Austin, Texas 79701, hereinafter referred to as "Consultant", and the City of Denton, Texas, a Texas Municipal Corporation, 215 East McKiut ey, Denton. Texas 76201, hereinafter referred to as "City". WITNESSETH WHEREAS, the City needs to employ legal counsel to represent ale City of Denton in urWn legislative and legal matters relating to the City of Denton Municipal Utilities Including water issues and electric restructuring bills; and WHEREAS, because of unexpected time exlyencies and emergencies arising g pertaining to the 761 Texas Legislature, the City has requested consultant to continue representing the City in advance of the approval of a current written contract between Consultant and City, and Consultant has agreed to proceed on this basis during the Interim period, i WHEREAS, dte Consultant is willing to perform such services in a professional manner as an Independent contractor; and WHEREAS, the City deslres It engage the Consultant to render the services in connection therewith, and the Comuitant is willin; to provide such services; and NOW, 'THEREFORE, in consideration of the promises and mutual obligations set forth herein, the parties hereto do mutually AGREE.'as follows; I. S, ype of Services: 77tc Consultant shall perform the following services 1n a Professional manner working as an Independent Contractor net under the direct supervision and control of the City: r A. Services to he provided, it r I. Cotteultant will provide, without limitation, all those services set forth In Exhibit "A" made a part of this Agreement for all purposes; and shall atterA legislative hearings, contact key legislators and legislative staff as reasonably required. 1 t, r F 5 eo i 33 Fnl 12:03 Fm OODOOO Fnn kO, 51 i414:;i F. 03%1) �I tit 2. To consult with the Mayor, City Manager, Assistant City Manager for Utilities, Director of Electric Utilities, City Attorney, and designated administrative personnel regarding any and all aspects of the special services to be performed, including legal research and advice with respect to such matters. This will include coordinating with the Assistant City Manager for U01ities, Director of Electric Utilities, the City Attorney, and their stair to efficiently perform the services required and conlmWicate the City's legislative program or Issues to other interested parties or legislators only to the extent necessary to advance the City's legislative agenda, 3. To provide regular status reports to the City and luterim reports by telephone and facsimile on time sensitive matters. B. The Consultant shall perform all the services required by this Agreement in a timely fashion, and shall complete same in compIianec with any schedules I cstablished by the City through Its Assistant City Manager for Utilities, as appropriate to carry out the terms and conditions of this Agreement. 11. Te_ rat The scrvices of Consultant shall conunence January 1, 1999 and continue until the expiration of the term of this Agreement on May 31, 1999. This Agreement nmy be i sooner terminated by either party In accordance with the provisions hereof, Time is of the essence for this Agreement, and the Consultant shall make all reasonable efforts to complete the scrvices set froth herein as expeditiously as possible anJ to inect the schedules established by the City, through its Assistant City Manager for Utilities. 111. Compensation and Method of F'aymenr A. The Consultant shall be paid the sum of $13,000 per month for each of ilia five months that this Agreement Is In force and effect. Duc to the unique and specialized nature of services provided, the City recognizes and agrees that the payment of a mondily retainer (cc, rather than an hourly fee, for Cousuhant's services Lt the urea of work covered by this Agreement is the usual and customary method of compensation rot such professional services. In addition, the City shall reimburse the Consultant for all out-of-pocket expenses incurred In connection with this agreement at Consultant's cost. For In-house photo copies, consultant shall charge $0.15 per copy. For in-house faxes, Consultant shall charge S0,25 per page plus telephone charge, Fees and tapenses for the contract shall not exceed $78,000. R. The Consultant shall utilize his best erfoits In repicsming the City's Interests, and may, from timatatime, as reasonably necessary or appropriate, delegate tasks to be performed within the Scope of Work of this Agteemcnt, by uldiring qualified principals, associates, legal assistants, or subconsullants. Assistance 2 i I i I� FEB-26- 1993 FRI 12109 PM 00,,1000 Flit, W. 512474201 F. 04t1u i k provided by Consultant's staff is included in the monthly fee. Assistance provided by Individuals who do not work for the Consultant is IBI included in the monthly fee and any such fees will be submitted to the City as a reinbursable expense Incurred. To the extent any such exnenso will exceed $300, Consultant will first contact Director of Electric Utifities for approval The Consultant shall bill the City through the submission of a momhiy invoice and other documentation, including support data for all expeases incurred and hivolced. C. Upon completion of services for a month's work performed hereunder, the City shall make payment to the Consultant within thirty (30) days of the satisfactory completion of services for the given month's work and receipt of an invoice or statement. The parties anticipate invoices or statements for services will be generated on a monthly basis and that said invoices or statements will be sent to j the City on or about the 13'day of each month. All invoices and bills shall be approved by the Director for Electric Utilities end the City Attorney. D. It It understood that the Consultant shall work under the coordination all,' general supervrsion of the Director for Electric Utilities and the City Attorney, i i E. All notices, Invoices, and payment shall be made in writing and ma, be given by persmal delivery or by mail. Notices, fnvolees, and payments s6 :c l-y mail shall be addressed to: Herbert L. Prouty. City Attorney, 213 F. McKinney, Denton, Texas 76201; or to the Law Offices of Jim Boyle, 1003 Congress, Suite 550, Austin. Texas 78701 When so addressed, the notice, invoice, andlor payment shall be deemed 94en upon deposit in the United States Mafl, postage prepaid. In all other ftotances, notices, Invoices, and/or payuunts shall be 1 deemed Shen at the time of actual delivery. Changes may be made in the names and addresses of the responsible person or office to whom notices, invoices, and/or payments are to be sent,provided reasonable notice Is given. 1V, ProRssionai Cnmoetencyt s A. The Consultant agreeq that In the performance of these professional services, Consultant shall be responsible to the level of competency and shall use the same degree or skill and care presently maintained by other practicing professionals performing the wine or similar types of work in the Stato of Texas. For the purpose of this Agrccmem, the key person who will be performing most of the work hereunder shall be )inn Boyle. However, nothing herein shall limit Consultant from using other qualified and competent members of his firm to perform the services required herein, where no harm of detriment will result to the City's fnter��t;. 3 t� c, ;cG cc iyld rni It; iu rN Fun Ira 5ii474267 P, 65/10 e B. Pleadings, motions, orders, notices, instruments, discovery documents, repomts, and other legal documents prepared or obtalned under the terms of this Agreement are L•wumenis of service and the City shall rerein ownership and a property interest herein If this Agreement is terminated at any time for any reason prior to payment to the Consultant for work under this Agreement, all such documents prepared or obtained under the terms of the Agreement shall upon termination be delivered to and become the property of the City upon request and without restriction on their use or further compensation in the Consultant. V. �slhlishrnent and �(ylnrena»ce e[ Recorde`Full and accurate records shall be maintained by the Consultant at his place of business with respect to all m tters covcrcd by this Agreement. Such records shall be maintained for a period of at least three years after receipt of final payment under this Agreement. V[. Aud'j s L_inspeciion: At any time during normal bvmess hours and upon reasonable notice to the Consultant, there shall be trade available to the City all of the Consultants records with respect to all matters covered by this Agreement. The Consultant shall permit the City to audit, examine, and snake excerpts or transcripts from such records, and to make audits or contracts, Invoices, materials, and other data relating to all matters covered by this Agreement VII Accomplishment of PrQjccl� The Consultant shall commence, carry ors, and uomplete any and all projects with all practi.able dispatch; in a sound, economical anti efficient manner; and, in accordance with the provisions hereof and all applicable laws. In accomplishing the projects, the Consultant shall take such steps as are appropriate to insure that the work Involved is properly eoorditimcd Mill related work being carried oil incite City. Vill, ty and Independent CnntractsIr RelatioMW1 A. The Consultant shall perfomm all services as an Independent contractor not under the ditcci supervision and control of the City. Nothing herein shall be construed as creating a relationship of etuployer and employee between the parties. The City and Consultant agree to cooperate In die defense of any claims, actions, sulas, or proceeding of any kind brought by a thlyd party which may result from or directly or indirectly arise from any negligence and/or errors or omissions on 1119 part of the Consultant, or from any breach of the Consultant's obligations under this Agteemeut In the event any litigation or clalm is brought under this Agreement in which City is Joined as a part, Consultant shall provide suiiahle counsel to defend City and Consultant ngalnst such claim; provided however, l �r that the Consultant ON have the right to proceed with competent Counsel of his oHn Lhoosing, The Consultant agrees to defend, indemnify and ?told harmless the City and all of Ice oftkers, attorneys, agents, servants, and employees against any and all such claims to the extent of coverage by Consultant's professional liability policy, The Consultant agrees to pay all expenses, 4 I c� rte io 153 �rJ 12; it r1 000ou0 Fhi, Gu 7iea+4CUi r. t6 1 including but not limited to attorney's fees, and satisfy all judgeoicns which may be Incurred or tendered against the Consultant's professional liability insurance policy. Nothing herein constitutes a waiver of any rights or remedies the City may have to pursue under either law or equity, including, without limitation, a cause of action for specific performance or for damages, a loss to the City, resulting from Consultant's negligent errors or omissions, or breach of contract, and all such rights and remedies are expressly reserved. i R. Consultant shall maintain and shall be caused to be in force at all times during the term of this Agreement, a legally binding pulicy of professional liability insurance, issued by an Insurance carrier approved to do business in the State of Texas by the State Insurance Cornirli ion, which carrier must be rated by Rest Rated Carriers, with a rating of "A•' or higher. Such coverage shall cover any claim hereunder occasiontcd by the Consultant's negligent professional act andlor error or omission, in an atnouut not less than $500,000 combined single limit coverage occurrence. In the event of change or cancellation of the policy by the Insurer, the Consultant hereby covenants to immediately advise the City thereof; and in such event, the Consultant shall, prior to the effective date of change or cancellation, servo a substitute policy furnishing the same coverage to the City, The Consultant shall provide a copy of such policy and the declarations page of the existing policy to the City through its Assistant City Manager for Utilities, simultaneously with the execution of this Agreement. IX Tertnl'in tinnUfAgcoug , ' A, in connection widt the cork outlined in this Agreement, it is agreed and fully understood by the Consultant that the City may cancel or Indefinitely suspend further work hereunder or terminate this Agreement at any time upon fifteen (IS) days written notice to Cunsultani. Upon receipt or such notice, Consultant shall cease all work and labor being performed under this Agreement. Consultant may terminate this Agreement by giving the City fifteen (15) days written notice that Consultant is no longer in a position to continue representing the City. Consultant shall invoice the City fot all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement. All reports and other documents, or data, or work related to the project shall become the property of the City upon termination of this Agreement. A. This Agreement may be terminated in whole or in part, in writing, by tither party in the event of substantial failure by the other party to fulfill its obligations � under this Agreement through no fault of the terminating party. Provided, �'1'_� however, that no such ternlnatian may be effected, unless the other patty is given )1) taritleu notice (delivered by «tufted mail, return receipt r:quelled) of j intent to terminate, and not less than thirty (30) calendar days to cure the 1 failure; and, (2) an opportunity for consultation with the terminating party pries to tcrminatioa. 5 i i� I I FEB-26-19a9 Fhl 1212 PH 000600 FAX NO. 512474207 F. 07/10 a C. Nothing contained hercla or elsewhere in this Agreement shall require file City to pay for any work performed by Consultant or by any person performing services under this Agreement at the direction of Consultant, which is unsatisfactory, or which is not submitted In compliance with the terms of this Agreement, X. [mire Agreement: This Agreement represents the entire agreement and understanding between the parties and any negotiations, proposals, or oral agreements are intended to be integrated herein and to be superscdod by this written agreement. Any supplenscAt or aniendment to this Agreement to be effective shall be in writing and signed by the City and Consultant, XI. Cslalpllance with j,'Aws: The Consultant shall comply with all federal, state and focal laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereafter be amended, including, but not limitod to the Texas Disciplinary Rules of Professional Conduct. XK QDvernine Law: For the purpose of determining place of agreement and law governing same, this Agreement Is entered into the City and County of Denton, State of Texas, and shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of nctiou arising under or in connection with this Agreement shall be exclusively In a court of competent jurisdiction sitting in Denton County, Texas. XIII. Discritlliyalion Yrohil ite • In performing the services required hereunder, the Consultant shall not discriminato against any person on the basis of race, color, religion, scx, national origin or ancestry, age, or physical handicap, XIV, & t nn 1 A. Consultant represents that he has or will secure at his own expense all personnel required to perform all the acrvlces requlrcd under this Agreement. Such personnel shall not be employees or have any contractual relations with the City. Consultant shall immediately inform the City of any conflict or interest or potential conflict of interest that may arise during the rr,n of this Agreement, in accordance with Consultant's responsibilities tinder the Texas Disciplinary Rules of professlonat Conduct. See XV below, B. All services required hereunder will be performed by the Consultant or under J, his direur supervision. All personnel engaged in work hereunder shall be r 0,. qualified and shall be aurhorited or permitted older federal, state and local taws to perform such services. XV, Consent to Representation of the City of Greenvale. Texas::hhe City undetstands chat Consultant expects to enter Into an agreement for professloual legal services with dfe City of 6 r Hb-e6- i9ia I Ii: It iI 0000`0 rn;s iii, b1« X20+ F. O61, 10 Greenville, Texas; and that the scope of Coiuultant's work to be performed for the City of Greenville. Texas may be similar or possibly the same as Consultant's work for the City of Denton under this Agreement, because of the close ties and relations between the Cities of Denton and Greenville, and thee: Involvement in similar Legislative Issues, the City consents w Consultant's engagement as a Consultant to the City of Greenville. The City of Denton realizes that although it is likely tliat the Cities of Denton and Greenville will have compatible positions on legislative issues: it is possible that the Cities of Denton and Greenville will assurne conflicting positlons on certain Icgis!uive issues. The City is aware of this potentlal conflict rnd consents to Consultant's representation of both Cities even In light of the potemili conflict, The Consultant agrees to disclose promptly to the Cities of Denton and Greenville any conflicts if they should arise, and obtain consent for continued representation. XVf. AssiZnability: The Consultant shall not assign any Interest in this Agreement and shall mot traitifer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the City thereto. XV11, SevetabiliLyLAII agreements and covenants contained herein are severable, and In the event any of them, with the elceptio n of those contalned in sections headed "Scope of Services", 'independent Contractor Relationship", "Compensation and Method of Payment" and "Consent to Representation of the City of Greenville, Texas" hereof, shall be held to be Invalid by any competent court, this Agreement shall be Interpreted a though nth invalid agreements or covenants were not contilned herein, XVII1. Claims 1Dd-!jab'Iityo Approval by the City shall not cotstituta nor be deemed a release of the responsibility and liability of the Consultant for lire accuracy and competency of his work; nor steal; such approval be deemed to be an assumation of such respoatsibility of the City for any drfect in any report or other documents prepared by the Consultant, his employees, officers, agents and sub-cosultants. XIX, hhjditiC3tiII1?_of Ag,LtetuenC No walvrt ur modification of this Agreement or of any covctrant, condition, or limitation heroin contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall he offered or received In evldente In any proceeding orising between the panics hereto out of of affecting this Agreement, or tine rigdrts or obligations of the panles hereunder, unless such waigr or modification is in writing, duly executed as aforesaid: and, the parties furdler agree that the provisions of this section will not be waived as herein set forth, XX. CaptinnS: The Captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. A , XXI. Oindiu; Effec.L This Agreement shall be binding upon and Inure to she benefit of the r fatties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this Agreement. 7 k I a c, arc is i�3a rkl 14; ij rtt UuuuVO rn,; tw, Sic+iticni r, ud- iv s IN WITNESS WHEREOF, the City of Denton, Texts has caused this Agreement to be executed by its duty authorized City Manager; and Consultant has executed In four original counterparts this Agreement on this the day of , 1999. "CITY' CITY OF DENTON BY: MICHAEL W. JEZ, CITY MANAGER ATTEST; JENNIFER WALTERS, CITY SECRETARY i B Y: k APPROVED AS TO LEGAL FORM: HFROERT L. PROUTY, CITY ATTORNEY "CONSULTANT" TUC LAW OFFICES OF JIM BOYLE Y 8 t f FE6-2b-193'3 Fki 1214 Ftl 000000 Fix N0. 5124+;4207 F'. 10/10 I EXHIBIT "A" Scope of Services 'Cho Law Offices of Jim Boyle (Law Firm) shall provide legal and legislativt assistance to the City In connection with legislative activity related to the restructuring of the electric utility Industry and various water issues. Services to be provld.Vi by the I aw Firm shall include: a Preparing and recommending legislative proposals of benefit to the City, Denton Municlpal Electric Utility(DMEU), and the City of Denton Water Utility, • Developing of a Srratogie Leglslative Plan, i • Coordinating the interaction of Guy officials and legislative leaders. + Preparing of issue papers and reports for legislators and scar(. i • Working with Texas Public Power Association (TPPA) to further City legislative objectives. s Analyzing Bills for potential Impact on DMEU and die City of Denton Water Utility. i Communicating with key legislators and their staffs. EnlMing reports aml other documents for use with the Texas Municipal power Agency CTMPA). • Assisting technical expert in providing demonstrative aids and handouts, i i I i �J t i AOtetQe No . — f�pinda f)a!1 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF LLOYD, GOSSELWK, DLEVWS, ROCHELLE, BALDWIN & TOWNSEND, P.C. PERTAINING TO REPRESENTATION OF THE CITY IN LITIGATION AND THE PROVISION OF RELATED LEGAL SERVICES RESPECTING TILE CITY OF DENTON MUNICIPAL UTILITIES' PROVISION OF WATER AND WASTEWATER SERVICE TO CUSTOMERS WITHIN ITS CITY LIMITS AND ITS EXTRATERRITORIAL JURISDICTION; AUTHORIZING THE EXPENDITURE. OF FUNDS THEREFOR; PROVIDINO FOR RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the City Council deems It necessary and in the public interest to engage the law firm of Lloyd,Gosselink, Blevins, Rochelle, Baldwin & Townsend, P.C., of Austin, Texas, (the"Firm') to provide professional legal services to the City pertaining to representation of the City in litigation and the provision of related legal services respecting the City of Denton Municipal Utilities' provision of water and wastewater service to customers within its city limits and its extraterritorial Jurisdiction, involving the preservation of, and the defense of the City's legal rights and Interests as a Home-Rule City, as a utility service provider, and otherwise, against any person or entity unlawfully Interfering with the City In its pursuits; and WHEREAS, the City, in order to ascertain its legal rights and alternatives, in early February 1999, requested that the Firm investigate the facts and circumstances involved in this matter and advise the City staff and the Council respecting the same. Accordingly, it Is appropriate the Contract for Professional Legal Services with the Firm should be ratified, and should be made retroactively effective as of February I, 1999 In order to properly compensate the Firm fnr its work performed heretofore at the specific instance and request of the City, which work has directly benefited the City;and 1 WHEREAS, the City Council has provided in the City Budget for tho appropriation of funds to be used for the purchase of the foregoing professional services, as set forth in the Contract for Professional Legal Services;NOW,THEREFORE, TILE COUNCIL OF THE C11 OF DENTON HEREBY ORDAINS: UCTION I; That the City Manager Is hereby authorized to execute a Contract for Professional Legal Services with the law firm of Lloyd, Gosselink, Bievins, Rochelle, Baldwin, & ro-misend, a Texas Professional Corporation, Austin, Texas for professional legal services A pertaining to the hereinabove•desctibed matters involving the City of Denton Municipal Util£'ies, in substantially the fonn of the Corrract for Professional Legal Services attached hereto and incorporated herewith by reference, U U SECTION 11 That the award of this Agreement is on the basis of the demonstrated competence and qualifications of the Mn, and the ability of the Firm to perform the professional legal services needed by the City for a fair and reasonabta price. SECTION Ill: That the expenditure of funds as provided for in the attached Contract for Pro fessional Legal Services is hereby authorized. SECTION IV: Thu! the Contract for Professional Legal Services Is hereby ratified and retroactively approved,and shall be effective from and after February I, 1949. SECTION V: That this ordinance shall become effective Immediately upon its Passage and approval. I PASSED AND APPROVED this the day of , 1999. JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY E - By: ' APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY,CITY ATTORNEY 1 ` . B y, C' 3 QW DxunwnuOdk mn1991Mrdamw11nk W,WW LM rSA Qoe d i I r+ f � CONTRACTFOR PROFESSIONAL LEGAL SERVICES i STATE OF TEXAS § COUNTY OF DENTON § i THIS AGREEMENT, made and entered Into this the 2nd day of March, 1999, by and between LLOYD, GOSSELINK,BLEVINS,ROCHELLE,©ALDWIN& TOWNSEND,a Texas Professional Corporation(hereinafter referred tr, as "CONSULTANT'),with Georgia N. Crump, Share',older,having full authority to execute this Agreement on behalf of the firm, 111 Congress Avenue, Suite 1800, Austin, Texas 78701; and the CITY OF DENTON, a Texas Municipal Corporation,215 East McKinney, Denton, Texas 75201 (hereinafter referred to as "CITY"),with Michael W. Jm City Manager, having full authority to execute this Agreement on behalf of the City. i WITNESSETH WHEREAS,the City deems it necessary and in the public interest to employ outside legal s 1 professional legal services in the areas of state and local public counsel to provide specialized p g p Utility regulatory law,water and wastewater utility service Issues, legislative issues, administrative law, and litigation pertaining to the contemplated litigation to he commenced by the City of Denton, as well as other related legal services and representation related to Denton Municipal Utilities' provision of water and wastewater service to customers within its City limits and its extraterritorial jurisdiction,and to preserve and defend the City's legal rights and interests as a [tome-Rule City, as a utility service provider, and otherwise, against any person or entity unlawfully Interferingwith the City in its pursuits;and WHEREAS,the Consultant is willing to perform such services in a professional manner as an independenlcontractor;and, WHEREAS,the City desires to engage the Consultant to tender the professional services In connection therewith,and the Consultant is willing to provide such services: NOW, THEREFORE, In consideration of the promises and mutual obligations herein, the parties hereto do hereby mutually AGREE as follows,to Hit: 1. Scope ofServlees: The Consultant shall perform the following services in a professional manner working as an independent contractor not undtr the direct supervision and control of the City: A. Services to be provided; � k , 1. Consultant shall provide legal advice, support and representation respecting " .............(A concise scope of services statement will be inserted into the final draft of this Agreement on 3Itl99, after further discussion between the City Attorney's Office and Consultant,due to the wide array of possible legal options which the City has to consider In this matter] ....... ;advising the City regarding compliance In the area of state and local law; attending any meetings and Page 1 r conferences as requested by the City in relation to this matter;and to consult with and advise the City regarding all pertinent issues related to this matter. 2. To consult with the City Manager, the Deputy City Manager,the Assistant City Manager for Utilities,the Dirxtor of Planning and Community Development the Assistant Director of Water Utilities, the City Attorney, the Assistant City Attorney for Utilities, and other designated administrative personnel or staff regarding any and all aspects of the professional services to be performed, Including legal research,analysis, and advice with respect to such matters, This will Include coordinating activities with the Assistant City Manager for Utilities and the City Attorney and their staff, to efficiently perform the services required and to preserve the AttorneyXIient privilege, work product, and all other applicable exceptions to the discovery or disclosure of documents produced by the City and the Consultant under the Scope of Services hereunder. 3. The City and the Consultant agree that the scope of services respecting the engagement, the subject of this Agreement, shall include any professional legal services Incident or related to any litigation between the City and any other party, before any court or before the Public Utilities Commission of Texas pertaining to the above-described engagement. b. The Consultant shall perform all the services required by this Agreement in a timely j fashion,and shall complete same in compliance with schedules established by the City through its Assistant City Manager for Utilities and the City Attorney,as appropriate to carry out the terms and conditions of this Agreement. 11. Term; This Agreement shall be for a term of one (1) year, beginning effective February 1, 1499 and shall terminate on January 31, 2000; or upon the completion of the professional services provided for herein,or upon the exhaustion of all professional fees provided for hereunder, whichever event shall first occur. This Agreement may be sooner terminated In , accordance with the provisions hereof. As litigation is contemplated under the terms of this engagement, Consultant and the City reasonably expect that they will enter into further amendment(s)to this Agreement,so long as such contemplated litigation Is pending and not fully disposed of. Time is of the essence of this Agreement,and the Consultant shall make all reasonable efforts forts to complete the services set forth herein as expeditiously as possible during the term of his Agreement,and to meet the schedules established by the City, through its Assistant City Manager for Uti lities,or his designee and the City Attorney. [11. rSapeasation and Method ofPnment; A. the Consultant shall charge the following fees for Its professional services provided to the City hereunder, based upon the following hourly billing rates for the attorneys and support staff involved in this matters S]a1] Hourly Ftete Georgia Crump,Shareholder $180.00 Richard Ilamala,Shareholder $170.00 Associate Attorneys 5133.00• S 1701-1) Paralegals $ 65.00.$ "'00 Page 2 S' f Consultant agrees that all charges for the legal services hereunder, including expenses as set forth in Section II I.C. below,shall not exceed S 100,000.00, B. The Consultant shall endeavor to have the attorneys and employees listed in Section ❑LA. above, reasonably attempt to reduce costs by utilizing other qualified shareholders, associates,and paralegals wherever feasible or possible, The Consultant shall till the City through the submission of items:d Invoices,statements,and other documentation,together with support data indicating the progress of the work and the services performed on the basis of monthly statements,showing hourly rates indicating who performed the work,what type of wo.k was done,and descriptions and/or details of all services rendered,including a daily, and an entry-by-entry reflection of billable time spent on this engagement,along with specific description and supporting doctmentadon, if available, respecting any reasonable and necessary out-of-pocket expenses incurred by Consultant in performing the professional services provided for under this Agreement. Professional fees shall be billed in minimum one-tenth(11i 0)-hoar increments. C, Additiowd:y,the City shall either pay directly or reimburse the Consultant,as the case may be, for reasonable and necessary actual out-of-pocket expenses,including but not limited to, long-distance telephone,telecopier,reproduction,postage,overnight courier,and travel. All copies will be charged at the rate of ten cents (5.10) per copy for copies made within Consultant's offices,with as much photocopying as possible being done by outside vendors at bulk rates or by the City to reduce costs If bulk copying is necessary or appropriate. The parries agree that the charges for outgoing telecopies from Consultant shall be 5.25 per page and that(here will be no chargeby Consultant for incoming telecopies. I D. The parties anticipate that Invoices or statements for professional services will be generated on a monthly basis and that said Invoices or statements will be sent to the City by Consultant on or about the 15th day of each month, The City shall make payment to the Consultant within thirty (30)days after receipt of an appropriate itemized Invoice or statement. To the extent that any fees or expenses are disputed by the City, the City shall notify Consultant within thirty(30)days after its receipt of the Invoice or statement,and shall otherwise pay all undisputed amounts set forth In the Invoice or statement within thirty (30) days after its receipt of the Invoice or statement. All reimbursable expenses,including,but not necessarily limited to travel, lodging,and meals, shall be paid at the actual cost, pursuant to the terms, conditions,and limitations set forth herein. All invoices or statements shall be approved by the Assistant City Manager for Utilities,o•his designee,and by the City Attorney, E. It is understood that the Consultant shall work under the cooniinationand general supervision of the Assistant City Manager for Utilities,or his designce,and the City Attorney. F. All notices, invoices,and payment shall be made in writing and may be given by personal delivery or by mail. Notices, Invoices, statements, and payments sent by mail shall be addressed respectively,to: I ferbert L. Prouty,City Attorney,215 East McKinney, Denton, Texas 76201; and to Ocorgta N. Crump, Lloyd, Oosselink,Blevins, Rochelle, Baldwin & Townsend, P.C., Ill Congress Avenue, Suite 1800, Austin, Texas 78701, When so addressed,the notice,invoice,statement and/or payment shall be deemed given upon deposit of same in the United States Mail,postage prepaid. In all other instances,notices,invoices, statements,and/or payments shall be deemed given at the time of actual delivery, Changes may be made in the names and addresses of the responsible person or office to which notices, invoices,statements and/or payments are to be bent,provided reasonable notice Is given. Page 3 C 1 IV. proressionalCompetency; A. The Consultant agrees that in the performanceof these professional services,Consultant shall be responsible to the level of competency and shall use the same degree of skill and care presently maintained by other practicing professionals performing the same or similar types cf work. For the purpose of this Agreement,the key persons who will be performing most of the work hereunder shall be Georgia Crump and Richard Hamaia,Shareholders. However, nothing herein shall limit Consultant from using other qualified and competent members of their firm to perform the services required herein if such delegation is reasonably appropriate and properly protects the City's interests. D. Any agreements, ordinances, notices, instruments, memoranda, reports, letters, and other legal documents prepared or obtained under the terms of this Agreement are Instruments of service and the City shall retain ownership and a property interest therein. If this Agreement Is terminated at any time for any reason prior to payment to the Consultant for work under this Agreement,all such documena prepared or obtained under the terms of the Agree ment shall upon termination be delivered to and become the property of the City upon request and without restriction on their use or further compensation to the Consultant. V. Establishment and Maintenance of Records: Consultant ;,hall maintain full and accurate records at its place of business with respect to all matters covered by thi . Agreement. Such records shall be maintained for a period of at least three years after receipt of final payment under this Agreement. VI. Audits and Inspection: At any time during normal business hours and upon reasonable notice to the Consultant,there shall be made available to the City all of the Consultant's records with respect to all matters covered by this Agreement. The Consultant shall permit the City to audit, examine, and make excepts or transcripts from such records, and to make audits of contracts,invoices,materials,and other data relating to all matters covered by this Agreement VII. Accomplish mentotCrolect: Consultant shall commence,canyon,and complete this professional engagement with all practicable dispatch;Ina sound,economical and eMcientmatter; and, in accordance with the provisions hereof and all applicable laws. In accomplishing the projects,the Consultant shat I take such steps as are appropriate to insure that the work involved is properly coordinated with any related work being carried on by the City. VIH, Indemnityand Indeptn dent Con tractor Heist ionsh1p; A. The Consultant shall perform all services as an independent contractor not under the direct supervision and control of the City. Nothing herein shall be construed as creating a vela• tionship of employer and employee between the parties. The City and Consultant agree to cooperate in the defense of any claims,action,suit,or proceed:ng of any kind brought by a r third party which may result from or directly or indirectly arise from any negligence and/or erors or omissions on the part of the Consultant or from any breach of the Consultant's obligations under this Agreement. In the event of any litigation or claim under this Agreement in which Consultant is joined as a party,Consultant shall provide suitable counsel to defend City and Consultant against such claim, provided the Consultant shall have the right to proceed with the competent counsel of Its own choosing. 7'he Consultantagiees to defend, indemnity and hold harmless the City and all of its officers, agents, servants,and I Page 4 l i employees against any and all such claims to the extent of coverage by Consultant's professional liability policy. The Consultant agrees to pay all expenses, Including but not limited to attorney's fees, and satisfy all judgments which may be incurred or rendered against the Consultant's professional liability insurance policy. Nothing herein constitutes a waiver of any rights or remedies the City may have to pursue under either law or equity, including,without limitation,a cause of action for specific performance or for damages,a loss to the City, resulting from Consultant's negligent errors or omissions, or breach of contract,and all such rights and remedies are expressly reserved, B. Consultant shall maintain and shall be caused to be in force at all times dwing the term of this Agreement,a legally binding policy of professional liability insurance, listed by A. M. Best Rat:d Cancers,with a rating of"A•" or above, issued by an insurance carrier approved to do business in Texas by the State Insurance Commission. Such coverage shall cover any claim hereunder occasioned by the Consultant's negligent professional act an&orerror,act,or omission, in an amount not less th%n S1,V0,000 combined singli limit coverage per occurrence. In the event of change or cancellation of the policy by the Insurer,Consultant hereby covenants to immediately notify the City in writing thereof; and in such event, Consultant shall, prior to the effective date of change or cancellation,provide a substitute policy famishing the smre or higher amount of coverage, Consultant shall provide a copy of such policy to the City through its City Attorney simultaneously with the execution of this Agreement. IX, TerminationofAafeement; A, In connection with the work outlined In this Agreement,it Is agreed and fully understood by 1, the Consultant that the City may cancel or indefinitely suspend further work hereunder or { terminate this Agreement at any time upon written notice to Consultant, Consultant shall cease all work and labor being performed under this Agreement. Consultant may terminate this Agreement by giving the City fifteen (15) days written notice that Consultant is no longer in a position to continue representing the City. Consultant shall Invoice the City for , all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement. All reports and other documents,or data,or work related;a the project shall become the property of the City upon termination of this Agreement. B. This Agreement maybe terminated in whole or In part,in writing,by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party. Provided, however, that no such termination may be affected,unless the other party Is given [1)written notice(delivered by certified mail, return receipt request)of intent to terminate,and not less than thirty(30)calendar days to cure the failure; and, 121 an opportunity for consultation with the terminating party prior to termination. C. Nothing contained herein or elsewhere In this Agreement shall require the City to pay for any , work which is unsatisfactoryor which is not submitted in compliance with the terms of this ' A Agreement. (f`- X. Altmatebisnute Resolutions no Consultant agrees that, if necessary,it will use its best effects to resolve any disputes regarding the Agreement through the use of mediation or other forms of alternate dispute resolution set forth In Chapter 154 of the Texas Civil Practices and Rem.dies Code(V.A.T.C,S.). Page 3 I i i i ;' II I XI. Entire Agreement: This Agreement represents the entire agreement and i understanding between the parties and any negotiations,proposals,or oral a,mcments are inter+le(t to be integrated herein and to be superseded by this written Agreement. Any supplement or amendment to this Agreement,in order to be effective shall be in writing and signed by the City and the Consultant. XII. Compliance with Laws: The Consultant shall comply with all federal, stale, local laws,rules,regulations and ordinances applicable to the work covered hereunder u they may now read or hereafter be amended, includ'ng but not limited to the Texas Disciplinary Rules of Professional Conduct. XIILGoverning Law: For the purpose of determining place of agreement and law governing same, this Agreement is entered into in the City and County of Denton,State of Texas, and shall be construed in accordance with,and governed by the laws of the State of Texas. Venue and jurisdiction of any suitor cause of action arising under or in connection with this Agreement shall lie exclusively in a court of competent jurisdiction sitting In Dentna County,Texas. XIV, Diserlminatlon Prohlblted: In performing the services required hereunder, the Consultant shall not discriminate against any person on the bass's of race, color, religion, sex, national origin or ancestry,ere,or physical handicap. XV. Penonnel: A, Consultant represents that it has or will secure at its own expense all personnel required to perform the services required under this Agreement, Such personnel shall not be employees nor have any contractual relations with the City. Consultant shall Inform the City of any conflict of interest or potential conflict of hilerest that may arise during the term of this Agreement,in accordance with Consultant's responsibilities under the Texas Disciplinary Rules of Pro fessionalConduct. B. All services required hereunder will be performed by the Consultant or under its direct supervision. All personnel engaged in work shall be qualiOed and shall be licensed, authorized,or permitted under state and local laws to perform such services. I XVI. Assignability: The Consultant shal I not assign any Interest in this Agreement and shall not transfer any Interest in this Agrr&tent(whether by assignment,novation,or otherwise)without the prior written consent of the Cil,—htteto, XVic Seycrabilitc: All agreements and covenants contained hereit are severable, and In the event any of them, with the exception of those contained In sections headed "Scope of Services", "Independent Contractor Relationship", and "Compensation and Method of Payment" hereof,shall be held to be invalid by any court of competenijurlsdiction,this Agreement shall br interpreted as though such invalid agreements or covenants were not contained herein. XV111. juponsibilitiesfor Claims and Liability; Approval by City shall not constitute nor be deemed a release of the responsibility and liability of Consultant for the accuracy and competency of its work; nor shall such approval be deemed to be an assumption of such responsibility of the City for any defect in any report or other documents prepared by Consultant, Its shareholders,associatts,employees,officers,oregenlsin connection with this engagement. Pegt 6 t� XIX. Modificatioaof Aareement: No waiver or modification of this Agreement or of any co,renant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement,ur the rights or obligations of the parties hereunder,unless such waiver or modification is In writing,duly executed as aforesaid. The parties further agree that the provisions of this article will not be waived as herein set forth. i XX. Captions: The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms o:conditions of this Agreement. XXI. Binding Effect: This Agreement shall be binding upon and Inure to the benefit of the parties hereto and theta respective heirs,executors,administrators,legal representatives,successors, and assigns,where permitted by dds Agreement. IN WITNESS HEREOF,the City of Denton,Texas has executed this Agreement in four(4) original counterparts, by and through its duly-authodzed City Manager, and Consultant has executed this Agreement by and through its duly authorized undrsigned Shan holder;dated this the 2nd day of March,1999,to be effective as of February 1. 1999. f CITY OF DENTON.TEXAS A Texas Municipal Corporation By. Michael W,1ez,City Manager ATTEST: JENNIFER WALTERS,CITY SECRETARY 1 By, APPROVEDAS TO LEGAL FORM: HERBERT L.PROUTY,CITY ATTORNEY Page 7 C, C, LLOYD,GOSSEUNK,ROCHELLE,BLEVINS { ROCHELLE,BALDWIN&TOWNSEND,P.C. A Texas Professional Corporation s I By; Georgia N. Crump,Shareholder ATTEST: BY: I I r i S.Ow Docum m'{o u"99Voy<UawlMW-WW LM PSA.doc Page 9 t1N1 I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF TERRY MORGAN & ASSOCIATES PERTAINING TO REPRESENTATION OF THE CITY IN LITIGATION AND THE PROVISION OF RELATED LEGAL SERVICES RESPECTING THE CITY OF DENTON MUNICIPAL UTILITIES' PROVISION OF WATER AND WASTEWATER SERVICE TO CUSTOMERS WITHIN ITS CITY LIMITS AND ITS EXTRATERRITORIAL JURISDICTION; AUTHORIZING THE LXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT;AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the City Council deems it necessary and in the public interest to engage the law firth of Terry Morgan & Associates, of Dallas, Texas (the "Firm') to provide professional legal services to the City pertaining to representation of the City in litigation and the provision of related legal services respecting the City of Denton Municipal Utilities' provision of water and wastewater service to customers within its city Limits and its extraterritorial jurisdiction, involving the preservation of, and the defense of the City's legal rights and interests as a Home- Rule City, as a utility service provider, and otherwise, against any person or entity unlawfully interfering with the City in its pursuits; and WHEREAS, the City, in order to ascertain its legal rights and alternatives, in early February 1999, requested that the Firm investigate the facts and circumstances involved in this matter and advise the City staff and the Council respecting the same. Accordingly, it is I e ,propriate the Contract for Professional Legal Services with the Firm should be ratified, and should be made retroactively effective as of February 1, 1999 in order to properly compensate the Firm for its work performed heretofore at the specific instance and request of the City,which work has directly benefited the City; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the foregoing professional services, as set forth in the Contact for Professional Legal Services;NOW, THEREFORE, THE COUNCIL OF 171E CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the City Manager is hereby authorized to execute a Contract for Professional Legal Services with the law firm of Terry Morgan & Associates, Dallas,Texas for professional legal services pertaining to the hereinabove-described matters involving the City of Denton Municipal Utilities, in substantially the form of the Contract for Professional Legal Services attached hereto and incorporated herewith by reference. ' f r SECTION 11: That the award of this Agreement is on the basis of the demonstrated competence and qualifications of the Firm, and the ability of the Firm to perform the professional legal services needed by the City for a fair and reasonable price. t� a I SECTION 11I: That the expenditure of funds as provided for in the attache I Contract for Professional Legal Services is hereby authorized. SECTION IV: That the Contract for Professional Legal Services is hereby ratified and retroactively approved, and shall be effective from and after February 1, 1999. SECTION V: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of . 1999. JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY f By:_ i APPROVED AS TO LEGAL FORM: HERBERT L.PRROOUTY,CITY ATTORNEY y i r A, r: S.\Ouf Dc<~1s1ordinen"AWTerry MMw WW'W LM PIA&c i f r i , c CONTRACT FOR PROFESSIONAL LEGAL SERVICES STATE OF TEXAS § COUNTY OF DENTON § i This AGREEMENT, made and entered into this the 2nd day of March, 1949, by and between TERRY MORGAN & ASSOCIATES, 1930 Thanksgiving Tower, 1601 Elm Street, Dallas, Texas 75201, with Terry Morgan, Partner, having full authority to execute this Agreement on behalf of Terry Morgan&Associates, hereinafter referred to as "Consultant"; and the CITY OF DENTON, a Texas Municipal Corporation, 215 E. McKinney, Denton, Texas 76201,hereinafter referred to as"City", acting by and through its duly-authorized City Manager. WITNESSETH WHEREAS, the City finds it necessary to employ outside legal counsel to perform professional legal services in specialized areas of law, Planning and Zoning Law,Litigation,and Water and Wastewater Utility service issues, pertaining to the contemplated litigation to be f commenced by the City of Denton,and other related legal services and representation pertaining to Denton Municipal Utilities' provision of water and wastewater service to customers within its City limits and its extraterritorial jurisdiction, and to preserve and defend the City's legal tights and interests as a Home-Rule City, as a utility service provider, and otherwise, against any person or entity unlawfully interfering with the City in its pursuits;and WHEREAS, the Consultant is willing to perform such services in a professional manner as an independent contractor; and WHEREAS, the City desires to engage the Consultant to render the professional services in connection therewith,and the Consultant is willing to provide such services. NOW,THEREFORE, in consideration of the promises and mutual obligations herein,the parties hereto do hereby mutually AGREE as follows: 1. SSopg of Services: Consultant shall perform the following services in a professional manner working as an independent contractor not w,dor the direct supervision and control of the City: A. Services to be provided: ' L the Consultant shall......[A concise scope of services statement will be insetted into the final draft of this Agreement on 3!1/99, after further discussion between the City Attorney's Office and Consultant, due to the wide array of possible legal options which the City has to consider in this matter) Consultant shall also consult,as requested,with the City Council, Contract For Professional Legal Servkes—Page I i C City Manager,the Deputy City Manager, the Assistant City Manager for Utilities,the Director of Planning and Community Development, the Assistant Director of Water Utilities, the City Attorney, and any other designated City staff member respecting any and all aspects of the services to be performed under this Agreement. This project includes both litigation legal services and non-litigation legal services. 2. Consultant shall perform ai!the professional services required in a timely fashion, and shall complete same in compliance with schedules established by the City through its City Council, City Manager and/or City Attorney, through discussions with the Consultant, as appropri ate to carry out the terms and conditions of this Agreement. 11, I=: This Agreement shall be for a term of one (1) year, beginning effective February 1, 1949 and ending on January 31, 2000. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence of this Agreement, and the Consultant shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible during the term of this Agreement, and to meet the schedules established by the City, through its City Council, City Manager or City Attorney, or as the progress of this matter may require. As litigation is contemplated under the terns of this engagement, Consultant and the City reasonably expect that further amendment(s) to this Agreement will be entered into by them, so long as such contemplated litigation is pending and ! not fully&4 sed of. III. Conannsation and Method of Payment: A. Consultant shall charge the following feet for its professional services hereunder, based on the following hourly billing rates for the attorney(s)involved in this matter. Terry Morgan {Litigation services) $225.00 per billable hour Terry Morgan [Non-litigation services] $200.00 per billable hour Associate Attorneys 5125.00-5150.00 per billable hour (Additional attorneys may be added to this engagement when approved by Consultant and City at such hourly fees as is agreed to in writing.) Attorney time shall be billed at one-tenth(.1)hour minimum billing increments. B. Consultant will attempt to reduce costs %N-never feasible by utiliAng qualified principals, associates, paralegals, and taw clerks. Consultant shall bill the City through the submission of itemized invoices, statements, and other documentation, together with supporting data indicating the progress of the work and the services performed on the basis of monthly statements showing hourly rates indicating who performed the work, what type of work was done, end descriptions and/or details of all services tendered, along with specific description and supporting documentation, if available,respecting any reasonable and necessary out-of-pocket expenses incurred. Contract For Professlonal Legal Services—Page 2 r, i I IL C. Consultant and the City agree that ell charges for the legal services hereunder, including reasonable out-of-pocket expenses, shall not exceed One Hundred Thousand Dollars (Si00,000.00). The parties agree that the establishment of this not-to-exceed figure by the parties is based upon a reasonable,good faith estimate of the expected legal services to be rendered by Consultant, due to possible unexpected contingencies as well as the uncertainties of litigation. If it appears during the term of this Agreement that Consultant's fees to properly accomplish the work provided in the scope of services, may exceed S100,000.00,Consultant shall give notice in writing to the City Manager and the City Attorney of same, Such notice shall provide an itemization of the expected hot.ts and expenses needed to complete the scope of services based on each category or task yet to be completed on the engagement. The City accepts no responsibility for any work performed during the term of this Agreement in excess of $100,000 unless the City Council,by resolution or ordinance,authorizes such expenditure. D. The City shall either pay directly or reimburse the Consultant,as the case may be, for reasonable and necessary actual out-of-pocket expenses, including but not limited to, long-distance telephone, telecopler, reproatucdon, oven';ht courier, and travel. All copies will be charged at the rate of ten cents (S 10) per copy for copies made within Consultant's offices, with as much photocopying as possible being done by outside vendors at bulk rates or by the City to reduce costs if bulk copying is necessary. The parties agree that the charges for outgoing telecopies from Consultant shall be twenty five cents (S.25) per page and that there will be no charge by Consultant for incoming telecopies. E. The parties anticipate invoices or statements for services will be generated on a monthly basis and that said invoices or statements will be sent on or about the I#day of each month. The City shall make payment to the Consultant within thirty (30) days of the satisfactory completion of services and receipt of an itemized invoice or statement. All reimbursable expenses, including, but not necessarily limited to travel, lodging, and meals, shall be paid at the actual cost, pursuant to the terms, conditions,and limitations hereinabove set forth. All invoices and bills shall be approved for payment by the City Attorney and the Assistant City Manager for Utilities. F. It is understood that the Consultant shah work with the coordination and general supervision of the Assistant City Manager for Utilities or his designee, and the City Attorney, 0. All notices, billing statements and invoices shall be made in writing and may be J given by personal delivery or by mail, Notices and invoices sent by mail shall be r ' addressed to: Herbert L. Prouty, City Attorney,215 E. McKinney, Denton, Texas 76201. 1Yhcn so addressed, the notice, invoice, and/or payment shu!I be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices, invoices,and/or payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the responsible person or office to whom Contract For Professional Legal Services-Page 3 i C notices, invoices, andlor payments are to be sent, provided reasonable written notice is given. IV, Professional Comoetencv Consultant agrees that in the performance of these professional services, not to commit any error, omission or negligent act which will cause damages to City. For the purpose of this Agreement, the key person who will be coordinating and pe g of the work for Consultant hereunder shall be Terry Morgan. However, nothing herein shall limit Consultant from using other qualified and competent members of its firm to perform the services required herein. B. All legal documents as well as any legal opinions prepared or obtained under the terms of this Agreement are instruments of service and the City shall retain ownership and a property interest therein. if Ns Agreement is terminated at any time for an) reason prior to payment to the Consultant for work under this Agreement, all such documents prepared or obtained under the terms of the Agreement shall upon termination be delivered to and become the property of the City upon request ant without restriction on ; their use or further compensation to the Consultant, } t a u eenanre of Records: Full and accurate records shall be V.maintained by the Consultant at its place of business with respect to all matters aarrsv�recteii it E Agreement. Such records shall be maintained for a period of si least three(3)y P ' of final payment under this Agreement. VI. Audits and InspS t 4 t: At any time during normal business hours and upon reasonable notice to the Consultant, there shall be made available to the City all of the Consul=t=s records with respect to all matters covered by this Agreement The Consultant shall permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of contracts, invoices, materials, and other data relating to all matters covered by this Agreement. VII, Accomolisti*^P"r of proiWc Consultant shall commence,carry on,end completa any and a!1 projects with all practicable dispatch, in a sound, economical and efficient manner, and, in accordance with the provisions hereof and all applicable laws. In accomplishing the projects, the Consultant shall take such steps as are appropriate to ensure that the work involved iis properly coordinated with related work being carried on by the City. d tndenendent Contra ctolRSlatj9�3b1� VIII. l�,,.4. � A. Consultant shall perfc in all services as an independent contractor not under the direct supervision and control of the City. Nothing herein shall be construed as creating a --J relationship of employer and employee between the parties. The City and Consultant rid agree to cooperate in tbewhich may result from ortdirecllytor indirecily arise fromkeny brought by a third party Y l Contract For Professional Legal Services—page 4 L C i i negligence and/or errors or omissions on the part of the Consultant or from any breach of the Consultant's obligations under this Agreement. Consultant agrees to defend, indemnify and hold harmless the City and all of its officers, agents, servants, and employees against any and all such claims to the extent of coverage by Consultant's professional liability policy. The Consultant agrees to pay all expenses,including but not limited to attorneys' fees, and satisy all judgments which may be incurred or rendered against the Consultant's professional liability insurance policy. Nothing herein constitutes a waiver of any rights or remedies the City may have to pursue under either law or equity,including,without limitation,a cause of action for specific performance or for damages, a loss to the City, resulting from Consultant's negligent errors or omissions, or breach of contract,and all such rights and remedies are expressly reserved. B. Consultant shall maintain and shall be caused to be in force at all times during the term of this Agreement, a legally binding policy of professional liability insurance, listed by A. M. Best Rated Carvers, with a rating of"A=' or above, issued by an insurance carrier approved to do business in Texas by the Texas Department of Insurance. Such coverage shall cover any claim hereunder occasioned by the Consultant's negligent professional act and/or error or omission,in an amount not less than One Million Dollars ($1,000,000.00) combined single limit coverage occurrence. In the event of change or cancellation of the policy by the insurer,Consultant hereby covenants to forthwith advise the City thereof, cod in such event, Consultant shall, prior to the effective date of change or cancellation, deliver to the City evidence that substitute policies of itsurance furnishing the same coverage have been obtained. Consultant shall provide, a copy of such policy or the declarations page of the policy,whichever is reasonably satisfactory, to the City tfiough its City Attorney simultaneously with the execution of this Agreement. IX. Termination ofAgFm anent: A. In connection with the work outlined in this Agreement, it is agreed and fully understood by the Consultant that the City may cancel or indefinitely suspend further work hereunder or terminate this Agreement at any time upon written notice to 1 Consultant, Consultant shall cease all wwk and labor being performed under this Agreement. Consultant may terminate this Agreement by giving the City fifteen (IS) days written notice that Consultant is no longer in a position to continue representing the City. Consultant shall invoice the City for all work satisfactoriiy completed and shall be compensated in accordance with the terms of this Agreement. All reports and other documents, or data, or work related to the project shall become the property of the City upon termination of this Agreement, B. This Agreement may be terminated in whole or in part, in writing, by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party. Provided, however, that no such r { termination may be affected, unless the other party is given (1 j written notice(delivered by certified mail, reti m receipt requested)of intent to terminate, and not less than thirty Conw_i For Prorasioaal Legal Sery ices—Page S l t' 4 (30) calendar days to cure the failure; and (2j an opportunity for consultation with the terminating party prior to termination. C. Nothing contained herein or elsev ixre in this Agreement shall require the City to pay for any work which is unsatisfactory of which is not submitted in compliance with the terms of this Agreement. X. Alternate Dispute Resolution:The Ccnsultant agrees that, if necessary, it will use its best efforts to resolve any disputes regarding the Agreement through the use of mediation or other forms of alternate dispute resolutior, set forth in Chapter 154 of the Texas Civil Practice and Remedies Code(V.A.T.C.S.). XI. Entire Aqr ement: This Agreement represents the entire agreement and understanding between the parties, and any negotiations, proposals, representations, or oral agreements are intended to be integrated herein and to be superseded by this written Agreement. Any supplement or amendment to this Agreement to be effective shall be in writing and signed by the City and the Consultant. XII. Compliance w W,@ffl: The 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 hereafter be amended, including but not limited to the Texas Disciplinary Rules of Prr.`esslonal Conduct. XIII. Governing Law: For the purpose of determining place of agreement and low governing same, this Agreement is entered into in the City and County of Denton, State of Texas, and shall be construed and governed by the lax, of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connecdcn with this Agreement shall lie exclusively in a court of competent jurisdiction sitting in Denton County,Texas. XIV. Discrimination Prohibited: In performing the services required hereunder, Consultant shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age,or physical handicap, i XV. Personnel: A. Consultant represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement. Such personnel shall rot be employees or have any contractual relations with the City. Consultant shall promptly inform the City of any conflict of interest or any potential conflict of interest that may aim during the term of this Agreement, in accordance with Consultant's duties and responsibilities under the Texas Disciplinary Rules of Professional Conduct. B. All services required hereunder will be performed by the Consultant or under its direct supervision. All personnel engaged in work shall b: qualified and shall be authorized or permi tcd under state and local la-.vs to perform such services. CDnfrall t or Professional Legal Services-Page 6 i i I XVI. Assi nag bility: Consultant shall not assign any interest in this Agreement and shall not transfer any Interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the City thereto. XVII. Severability: All agreements and covenants contained herein are severable, and in the event any of them, with the exception of those contained in sections headed "Scope of Services","Independent Contractor Relationship," and "Compensation and Method of Payment" hereof,shall be held to be Invalid by any court of competent juri3diction,this Agreement shall be interpreted as though such invalid agreements or covenants were not contained herein. XVIII Responsibilities for Claims and Liability: Approval by the City shall not constitute nor be deemed a release of the responsibility and liability of the Consultant for the accuracy and competency of its work;nor shall such approval be deemed to be an assumption of such responsibility of the City for any defect in any report or other documents prepared by the Consultant, its employees,officers,agents and or other consultants. X1X. Modification of Agreement: No waiver or modifcation of this Agreement or of any covenant,condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement,or the rights or obligations of the parties hereunder, unless such � waiver or modification is in writing, duly executed as aforesaid; and, the parties further agree that the provisions of this article will not be waived as herein set forth. i XX. Captions: The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. XXI. Binding Eft: : This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and assigns where permitted by this Agreement. IN WITNESS HEREOF, the City of Denton, Texas, has caused this Agreement to be executed in four (4) original counterparts,by and through its duly-authorized City Manager; and Consultant has executed this Agreement by and through its duly-authorized undersigned partner, dated this the 2nd day of March, 1999, to be effective as of February 1, IM. CITY OF DENTON A Texas Munic;pal Corporation 1' BY:_ MICHAEL W.JEZ,City Manager Contract For Professional Legal Services—Page 7 u u ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L.PROUTY.CITY ATTORNEY BY.r�I� �1 IY TERRY MORGAN ASSOCIATES I i I BY: iTerry Morgan,Puw" 1 S lour Docwq*muTonlmbW Ter)Mnm W V Lh PSA.doc i Contmd for ProfnebaN Legal Servker-Page E I t, 1. i I AGENDA INFORMATION SHEET t AGENDA DATE: MARCH :, 1999 DEPARTMENT: Engineering& Transportation CM/DCM/ACM: Rick Svebla, Deputy City ManagerF+'�t� SUBJECT: CONSIDER AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN TIIE CITY OF DENTON AND COTI, JOINT VENTURE, RELATING TO 771E PURCHASE OF 1.214 ACRES OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCEL 13); AUTHORIZING THE EXPENDITURE OF FUNDS I IIEREFOR; AND PROVIDING AN EFFECI'IVE DATE. BACKGROUND: Mr. Robert L. Kaminski, Manager, COM Joint Venture his executed a Real Estate Contract for the required right-of-way for the U. S. Highway 77 Widening Project. The contract amount of $11,136.00 is based on the fair market vplue for the land and improvements as determined by as Independent appraiser and rrvlewcd by a separate appraiser for conformity and as required by the Texas Department of Transportation (TX. DOT►. The Appraiser and Review Appraiser services were approved by the City Council In 1997(Professional Services Contracts). OPTIONS: Not Applicable RECOMMENDATION: Staff recommends approval or the real estate contract between the City of Denton and COTI,Joint Venture for the purchase of 1.224 acres of land for widening U.S. llwv.77. I PRIOR ACf1ON/REVIEW(Council.Boards,Commissions): I The Planning& 'honing Commission recommended approval on July 23, 1997. F ISCAL INFORMATION: ' J I he purchase price is$17,136.00.00 plus closing costs of approximately 1500.00. l rr � MAP: Attached i i 1' 1 Respectfully submitted: `r Jc I Nrk, or Pre ared by: Fng necring Tronsportatii n r Paul Wi1li�mson night-of-,I y Agent f i i I j i i a � I 1 t ti N NO SCALE f 4a� w �7 LL!.W L 11! r� Y � a r L . r 1! x Y r Ab i i, �.Ie LOCATION MA' 3 j II j i j . r I i � I III � �' II r E � Il�lil X�r I �l ra Ir affs MIN a i Planning and Zoning Minutes July 23, 1997 f Page 2 Ms. Schertz: Are there any other nominations? If there are none, nominations are cloud. We will vote on the nominees in the Oda of their nominadom I Will fiat their mane and then after 1 am through if you Will raise your right bawd if you an in favor. As many ss are Iv favor of Jim Mgelbrecht please raise your right hand. (Vote • 3) As unsay u are In favor of Ellen Schertz please raise your right hand. (Vote • 4) The new Chair person by majority is Ellen Schertz. Thank you. For the second nominee we Will be electing Vice-Clair person. The floor is open. Ms. Apple. 1 would like to twminate Bob Powell. Ms. Schertz: Are there any further nominations? Mr. Moreno: 1 would Dominate Jim Engelbrecht. Ms. Schertz: Are there any further nominations? Seeing Done, nominations are closed,' As many u are in favor of Bob Powell, please raise your right hood. (Vote •4) Seeing there is a majority, the new Vice-Chair person will be Bob Powell. CongratulatIona, M. Consider approval of the minutes of the July 9, 1997 meeting. Ms. Schertz: Are there any correcdom? Seeing none, the mh da will stand approved as written. IV. Consider making recommendation to the City Council for the acquisition of the Right-0f• Way fc: I.S. 377 from F.M. 2164 to I.35. Mr. Powell: That's not 377 but is 77. Ms. Schertz: You are correct. Let the minutes reflect that. Mr. Powell: 1 would move that we recommend to the City Council the acquisition of Rlgbt-of•Way for US 77 from FM 2164 to 1.33. Ms. (lamer: Second. Ms. Schertz: Is there any discussion? All in favor, please raise your right hand. Motion passes. (7-0) V. Consider making recommendation to the City Council for the acquisition of the Right-of. Way for Lakeview Boulevard. Mr. Powell: 1 move that we make recommendation to the City Cmm l for the acqutaidon of the Right-of-Way for Lakeview Boulevard. Mr. Engelbrecht: Second. 5 i' 14NwiiAOa�wpr,r� IOYHaYYn W��f1r w ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND COTI, JOINT VENTURE, RELATING TO THE PURCHASE OF 1.224 ACRES OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCEL 13); AUTHORIZING THE EXPFNDITURE OF FUNDS THFAEFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON,TEXAS HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute it Real Estate Contract between the City and Coti, JoIM Venture, in substantially the form of the Real Estate Contract which is attached to and made *part of this ordinance for all pwposes, for the purchase of 1.224 acreoi of land for the expansion of U. S. Highway 77(Parcel 13). SECTION 11. That the City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract, SECTION Ill. That this ordinance shall become effective immed,Rely upon its passage and approval. PASSED AND APPROVED this the_ ,M day of , 1999. { JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,C11 Y ATTORNEY i f. BY: I 6 4 3 RLAL lsTATR CONTRACT 3 STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is =de by and between COTI 301 NT y$sTUga_(hereinafter referred to as "Seller") and CITY OF DEKtON, 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 SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcei of land described 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 appurtenances 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. Seller 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 April 30, 1999 shall become property of the City of Denton, Texas, PURCHASE PRICE i. Amount of Purse Price. The purchase price for the Property shall be the sum of $17,136.00. 2, payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. PURCHASER'S 08LIOATIONS (9 k The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction of etch of the following conditions any of which msy be waived in whole or in part by Purchaser at or prior to the closing. 7 I` f 1 . Preliminary Title Report, within twenty (20) days after the date hereof, Seller, at Seller's sole coat 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 relating to easements, rights-of-way, 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 the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposest otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2 . may. 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 certif . :ation that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then burchaser 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 notice, Purchaser may terminate this Agreement, and the Agreement shall i ' Lhereu on be null and void for all p purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser 's failure to give Seller this written notice shall be deemed to be Purchaser' s acceptance of the survey. AEEOOEFE Mal 2 8 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 AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller^to Purchaser also as of the closing dates ((-t-* -e� dt�ar ail Jfello , j �:ra#,,&Pet tr 1. There are no parties in possession of an 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, statutes, 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 nazardoub 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 amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) , as amended. CLOSING The closing shall be held at the office of Dentex Title Company on or before April 30, 1999, 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") . ME008 H PAOH 3 9 r i I CLOSING REQUIREMENTS 1. Seller's Re +ir m n a. At the closing Seller shall , A. Deliver to State of Texas, acting by and through the Texas Transportation Coimnission a duly executed and acknowledged Deed in the form as attached hereto as Exhibit "B• 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 estate taxes for the year of closing and subsequent years not yet due and payable; 2 . Any exceptions approved by purchaser pursuant to purchaser's Oblige ions 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 Lntex Title Company, Denton, Texas, (the "Title Com an " P Y ) , or , such title company as Seller and Purchaser may mu�ualiy agree upon, in Purchasers favor in the full amount of the purchase price, insuring ee 9 simple title e for the State of Texan to the Property subject only to those titlr exceptions listed in Closing Ram, m" hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however, 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by purchaser; ' 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"I AEE00eF6 pA09 4 f 10 , 3. The exception for taxes shall be limited to the yesr 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. 1- 2. Pltrchaser�s R n it I consideration as referenced in the Purchaser shall pay the this contract at Closing in immediately available ifunds. section of 3 . Slosino os a. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other copts and expenses of closing in consummating the sale and Purchase of the Property not specifically allocated herein shall be paid by Purchaser and Seller. REAL ESTATE C01VgjSSI0N All obligations of the So: :er and Purchaser for payment of brokers' fees are contained in eeparato written agreements. BREACH BY SELLER r In the event Seiler shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate Lhe sale of the Property except Purchasers 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 PURCRUERIS OBLIGATIONS having been Pur^.haler being in default satisfied and Seller may either enforce specific Performance of this Agreement, or terminate this Agreement by written notice delivered to purchaser. AMOAPB PAN ; 11 a MISCELLANEOUS I 1 . Assignment of Agree=s. This Agreement may be assigned j 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 . Ngtica. Any notico required or permitted to be o:livered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, an the case may be, at the address set forth beneath the signature of the party. 4 . Texas Law to Aonly. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5 . 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 assigns where permitted by thin Agreement. 6 . legal Construction. In case 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, il3egal, or unenforceable provision had never been contained herein. 7. Prior Agreements euoerseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. S . Time of Eaaence. Time is of the essence in this Agreement. 9. Gendez• words of any gender used in this Agreement shall be held and construed to include any other gender, and words in AELOOAPB PA42 6 12 r l 4i the singular number shall be held to include the ri.ural, and vice versa, unless the context requires otherwise. I �I 10 . Memorandum of-contract . Upon request of either rty, i both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11 . Comliance, In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12 . Tin Limit. In the event a f.11y executed copy of this Agreement has not been returned to Purchaser within ten (101 days after Purchaser executes this Agreement and delivers same to sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. c, 9't DATED this 7 day of 1W COTI JOINT VENTURE PURCHASER THE CITY OF DENTON, TEXAS Bye R e L. Kaminski, Michael W. Jez Manager city Manager 215 E. McKinney Denton, Texas 76201 i I AEeooars fuse .� n 1 STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on thin day of_ 290 Michael M. Jag, City Manager, of the City of Denton, a municipal 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 City 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-&MMNb*,W yfiiB inatrument,4s acknowledged before me, on this day of 199 by Robert L. Kaminski . r i ry Publi n a f pf, „ryeER11Y a State of Texas yc, ,uMma I • I• an�Ofdlel JVI.7lxL• ..v! I G I i sooeRs vAOa s 14 I' �I 1 EXHIBIT•a• County Q:pjpp Page 1 of I Highway U.S. 77 Project Limits: From I.H. 3 Rev. October 28, 1984 To U.S. 390 CSJ:Q.lg6-D2. Account: FIELD NOTES FOR PARCEL 12 BEING A PARCEL OF LAND SITUATED IN A CALLED 14.1$&ACRE TRACT CONVEYED TO COT]JOINT VENTURE ICOTI J.V.), RECORDED IN VOLUME 1888, PAGE 9, DEED RECORD OF DENTON COUNTY, TEXAS fORDCTI, AND BEING SITUATED IN THE J.S. COLLARD SURVEY, ABSTRACT NO. 297, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING for reference at a found 1124nch Iron rod for the eoutt.west corner of said Cod J.V.tract, some Doing the southeast corner of a called 23.212•acra tract of land conveyed to Bolen P, Catalano" recorded In Volume 2219, Page 645, DRDCT, and being In the centerline of Riney Rood; THENCE N 00. 39' 120 E, along a Me common to sold Cotf tract and soil Catalans tract, a dtnonce of 821.02 feet to a Set PK nall with shiner for the POINT OF BEGINNINO,and being a point on the new south right of way line of U.S. 77; III THENCE N 0011 39' 124 E,continuing slap sold common lins,a dinanco of 38.06 feet to m found 6 19•Inch Iron rod fot the northwest oomer of Said Cot]J.V.tract and being a point In the existing South right of wsy Me of U.S. 77; 121 THENCE S 68. 12' 69. 1. along IN existing South right of way Me of U.S. 77, a distance of 1886.68 fast to a found 1/2-Inch iron rod.Sold pohtt being the northeast corner of aW Cool J.Y. tract and the northwest comer of a 93.524•sers parcel of land conveyed to Eugenla Porter, Raynor, at. al., recorded In Volume 776, Page 112, DRDCT and being In the eamorflne of Riney Road; 131 THENCE N 8811 46' 37' W. along a fine common to acid Coil J.V. tract and Ravioe tract a distance of 146.98 feet to a set S/11-Inch Iron rod with an aluminum cap in the new South right of way Me of U4. 77; THENCE along the now south right of way line of U.S. 77 as follows: 14] THENCE N 1111 10' 221 E,croastno said Cod J.V.tract, a distance of 46.82 fee to a set 6/8-irtch Iron rod with an aluminum cap, 151 THENCE N 6811 11' 36• W, a distance of 1525.31 fees to the POINT OF BEGINNING, and contslnN 1,224 acres, a 63,328 Squsre feet of lend, of which 2290 Sfivare feet reoldi In ft Prescriptive right of way of Riney Road, meet or less. s r A t; two •1�r61}�f. ! �;� J ` ) Fr � ' JOHN F- ILOJ t ohn � J F, Wildar, R.P.L.S. Data 14m No. 4285 • 42 '3 t•tuspv 15 Twr ar�n.nr orTangP,,,,y� EXHIBIT "SO' THE STATE OF TOW DEED COUNTY OF KNOW ALL MEN lly TUSE PRESEN'i,?; Thu, otthe Counry of one or mom,for and fn COtr+fdarWar o the State ofof TO�,Wmhufi t nfo red to a Qre�i wherher hand p+ld by the Sraa of Taaae the Tazas T wh'cH Whereby by++d Dxas i )to Orantote day Sold and by pwl f°r ovhlch no mt ��'�om+usslon,receipt of bnpW tntr or juice]of land In Grant,Barja&e,Shc a��WY yor e��OIT hlbit"A;"whlch fs n,,�'aoji, Od l►at0lO wd l Y dwaibed In ffa• SAVE and EXCEPT, HOWEVER,&fa dde to the f°tfowfoy lmprovpy sly Mderetood and armed the Oratum are teW* located oo the pmporly deserled in SW&&bit„A,"to wk Omntors covenmrt and day of °++ca to remove above 1 by the Stare in wrhIrrQ; end 1f,9r"""•"',nrb/ett,hoverer to er:ch exranefans of ai nu any roaon Canton t�(or MAW to +came widen is d Period 0 no io m ,then, without any ktdw i;;Z �ehe tide to tll o shall pas to end veer in the Sate of Tan d forever. my l�of such Improvasnenrs Orantors[Nerve ail of the off,�s of tniress and a^roes ro die snrfaoe 16r die faod heroin coned but waive all d jl,y +came;however,nahfng in this roarvwkn� �updroe�eelOf errd level other mfnernde and muedala themon,tharoln rf s go of the taretto t wad Un for � theremdea f A�� ` r J r 16 Y n U Twaia °�al rte , .. pop 3 of 7 R... woo After rncordlug ploW rrturn !!ab till I I A e Cast' lRCATX OF !=CORA ma � THE STATE OF TEXAS, COUNTY Op ' Olf I r tM , 17 r .. r —D O APWA Ir AGENDA INFORMATION SHEET AGENDA DATE: MARC112, 1499 i DEPARTMENT: Engineering& Transportatlon i CSVDCM/ACM: Rick Svehla, Deputy City Manager, !may SUBJECT: CONSIDER AN ORDINANCE APPROVING A REAL. ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND COTI, JOINT VENTURE, RELATING TO IIIE PURCHASE OF 1.073 ACRES OF LAND FOR THE EXPANSION OF U. S. MIGHWAV 77 (PARCEL: 13E); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING AN BFFEf71'1%'E DA'L'E. BACKGROUND: Mr. Robert 1., Kaminski, Manager, MI, Joint Venture has executed a Real Estate Contract for the required right-of•way for the 1'. S. Ilighway 77 Widening Project. The contract amount of S7,511.00 is based on the fdr market value for the land and Improvements as determined by as independent appraiser and reviewed by a separate appraiser for conformity and as required by the Texes Department of Transportation(TX. DOT). The Appraiser and Review Appraiser services were approved by the City Council In 1497(Professional Services Contracts). OPTION Not Applicable RECOMMENDATION: Staff recommends approval of the real estate contract between the City of Denton and ('011,Joint Venture for the purchase of 1,073 acres of land for widenh.d U.S, Hwy. 77. I PRIOR ACTION/RLVILW LCQu0s1A Boarde.Commisslonsl: 'I he Planning& Zoning Commission recommended approval on July 23, 1997. i FISCAL INFORMATION: i The purchase price is $7,511,00.00 plus closing costs of approximately 5500,00. c M. { Attached 1 J\ r c� ' Respectfully submitted: 3er ark,b Tnnsrector Prepared byt Eng aring portation Paul Williamson Right-of-Way Agent I I i f 4 I , j I f C 2 � I NO SCALE I ur � I i k v w � .w e i i x • •ylr. r A � LOCATION MAP r' � 3 1 1 1 XMI r 1 P' I + �J 0 d" ? M 1 � *4w / �I-MI I-- r 1 1 � 1 1 � 1 ar r MAC 4 c� I� I Plat,niog and Zoning Minutes J:Ay 23, 1997 Page 2 w Ms. Schertz: Are there any other namiaadons? If there are none, nominations are closed. We u 111 vote on the nominees In the order of their nomination. I will Ust their name and then after I act through if you win raise your right hand if you am In favor. As many as I are in favor of Am Engelbrecbt please raise your right hand. (Vote • 3) As many as are ft� favor of Ellen S^.hertz please raise your right hand. (Vote • 4) The new Chair person bj majority Is Ellen hertz. Thank you. lror the second nominee we will be electing Vlet4Ulr peisoon. 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 Enaelbrecht. Ms. Schertz: Are there soy further nominations? Seeing none, nominations am closed. As may m are in favor of Bob Powell, please raise your right hand. (Vote • 4) Seeing there is a atsjorlty, the new Vice•Cbsir person will be Bob Powell. Congratulations. M. Consider approval of the minutes of the July 9, 1997 meeting. 1 Ms. Schertz: Are there any corrections? •Seeing none, the minutes will stead approved as written. 1 IV. Consider making momaundadon to the City Council for the acquisldon of the Right-of. Why for U.S. 377 from P.M. 2164 to I.33. Y Mr. Powell: That's not 377 but is 71. Ms. Schertz: You an correct. Let the minutes reflect that. Mr. Powell: I would move that we recommend to the City Cored the acqutsidon of Wght-Of•Way for US 97 from FM 2164 to I.33. Ms. t3anzer: Second. Ms. Schein: Is there any discussion? Ali in favor, lease miss PAINS, (7-0) , P Your tight hand. Motion V. Consider franking recommendation to the City CouacEl for the acquisition of the Right-of. Way for Lakeview Boulevard. Mr. Powell: I move that we make recommendation to the City Council for the acquisidon ! l� o of the Rigbt-of Way for Lakeview Boulevard. I Mr. Eagelbrecht: Second. r /rf�eip,Cr 7..,.MMwrn/[L W Vrna Myq n�, �I ORDINANCE NO. i AN ORDINANCE APPROVING A REAL ESTAT2 CONTRACT BETWEEN THE CITY OF DENTON AND COTI, JOINT VENTURE, RELATING TO THE PURCHASE OF 1.073 ACRES OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCEL 13E); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 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 Coti, Joint Venture, in substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of 1.073 acres of land for the expansion of U. S.Highway 77(Parcel 13E). SECTION I That the City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract. SECTION 11 , That this ordinance shalt become effective immediately upon its passage and approval PASSED AND APPROVED this the day of , 1999. I JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY w BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY B5': } r c. N RZAL ■OTATR CONTRACT STATE OF TE&N.9 COUNTY OF DENTON THIS CONTRACT OF BALE is made by and between COTt JOINT VENTURE (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 SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that -ertain tract, lot or parcel of land described 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 appurtenances being hereinafter referred to as the "Property") , together with any improvements, fixtures, and personal property situated on and attached to the Property, for the coneideratinn and upon and subject to the terms, provisions, and conditions hereinafter set forth. Seller 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 April 30, 1999 shall become property of the City of Denton, Texas. PURCHMS ?RICE 1 . Amount of Purchase Price, The purchase price for the Property shall be the sum of $7, 511 ,00, 2. Payment of price. The full amount of the Purchase Price shall be payable in cash at the closing. PURCHASER' S OBLIGATIONS (jr\ The obligations of Purchaser hereunder to consummate the A. transactions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 7 l` I i F I. prejiminarp Title Report. Within twenty (20) days after the date hereof, Seller, at Sellerli 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 relating to easements, rights-of-way, 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 the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement chall thereupon be null and void for all purposed 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 stpked on the ground, and shall show the location of all improvemei : a, 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 acxes comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days 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 satiefac+.ion of Purchaser, In the event Seller is unable to do so ciithin ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall �r thereupon be null and void for all purposes and the Escruw r 0 \ Deposit shall be returned by t?te Title Company to Purchaser, Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser' s acceptance of the survey. AMOM PA08 2 B M 3. Seler1a 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 AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing dates /l.�o*.rherit� 1 . There are no parties in possession of ny 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 autt, 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. I 3 . Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the rroperty, or any part thereof. 4. To the best of the sellers 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 amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) , as amended, CLOSINO The closing shall be held at the office of Dentex. Title Company on or before April 30, 1999, 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") . Ay .r c 9 c� I r CLOSING REQUIREMENTS 1. Seller's RegUirements . At the closing Seller shall: A. Deliver to State of Texas, acting by and through the r Texas Transportation Commission a duly executed and f acknowledged Drainage Easement Document in the form me attached hereto as Exhibit "B" 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 folluwingi 1 . General real estate taxes for the year of closing and subsequent years not yet due and payablei 2. Any exceptions approved by Purchaser 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 Purchasers sole expense, issued by Dentex Title Company, Denton, Texas, (the "Title Company") , or , such title company as Seller and Purchaser may mutually ag:aa upon, in Purchaser+e 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 ReVirementa hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Purchaser= ! 1 e 2. The exception as to restrictive cove- nants shall be endorsed "None of Record" r AEE0O9FE Mar 4 10 c� i I 3 . The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable*; and i 4. The exception as to liens encumbering the Property shall be endorsed "None of Record" . C. Deliver to Purchaser posces3iun of the Property on the day of closing. 2 . Purchaser's gaauirements. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. 3. Closing Coats. 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 purchase of the Property not specifically allocated herein shall be paid by Purchaser and Seller, i REAL ESTATE COMMISSION i All obligations of the Seller and Purchaser for payment of j brokers' fees are contained in separate written agreements. 1 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 OBLIGATIONS 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. a" �sooar: rAas s It � J , MISCELLANEOUS 1. Assignment 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, is 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 . NoticC. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law to Annly. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. S. Parties sound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6 . Legal Conetructio n. in case 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 never 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 respecting the within subject matter. a. Time of Essence , Time is of the essence in this Agreement . A ' 9 . ¢gar. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in J16E006PE PAGE 6 12 C+ C� .i I I the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10, iiamor,■rid +m of cen ract. Upon request of either party, both parties shall promptly execute s memorandum of this Agreement suitable for filing of record. 11. CQmpjjAau. in accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12 . T:me Limit. In the event a fully executed copy of this Agreemer.a has not been returned to Purchaser within ten (101 days after rurchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. DATED this y day ofd$`! . 1999, COTI JOINT VENTURE PURCHASER THE CITY OF DENTON, TEXAS HY i rt L. xamine)ci, Michael M, Jet Manager City Manager 215 a. McKinney Denton, Texas 76201 XtsooaP! PAae 7 13 0 c� STATE OF TEXAS COUNTY OF DEMN This instrument is acknowledged before me, on this day of_._, , 199_,._, by Michael w. Jess City Manager, of the City of Denton, a municipal 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 City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the rams 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 I COUNTY OF Pia We instrument As acknowledged before me, on this day of 94 1 by Robert b. Ka ski.r , *� Noerr Pws:,aw d Anm d� wyco^4" avw.o�-0tM the State of Twho 1 . A , 0 . r ata00eFS PAO9 e l4 c t c EXHIBIT 'A' A County Qa►:tffi Pepe 1 of 1 Highway U.S. 77 Roy, August 24, 1994 Prole"Umita: From I.H. 35 To U.S.30Q CSJ:Q19S•02 Account: FIELD NOTES FOR PARCEL iSE aEINO A 60-FOOT%MOE DRAINAGE EASEMENT SITUATED IN A CALLED 14.1 06-ACRE TRACT CONVEYED TO COTI JOINT VENTURE iCOTI J.V.1, RECORDED IN VOLUME 1688, PAGE 9, DEED RECORDS OF DENTON COUNTY,TEXAS IDRDCTI,AND BEING SITUATED IN THE J.S.COLLARD SURVEY.ABSTRACT NO.291, CI;Y OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING for reference$ a found 1/2anch Mon rod for the Southwest corrtar of add Cotf J.V.trot,awns being the southeast corm of a called 23.212-acre tract of land omtvWW to Brleft P. Catalano,Trustee, recorded In Volume 2211, page 646, DROCT, and belno in the CenterOne of RIMY Road; THENCE N 00. 39112@ E. along the One cannon to sold Cott J.V. tract and Said Cateleno trwL a datum o! 23.88 fast to I set p&-Inch iron rod with on Nwninum cap for*e POINT OF BEGINNING; 0 i THENCE N 00' 39' 12' E, along a One common to 0614 Cori J.V, toaot and tin Cstdwto trees, I distance of 797.16 feet to a sot PK nal with&New on the new a"right of way One of U.S. 77; 121 THENCE S 66' 11' 36' E, done the new south right of way One of U.S.77, a distance of 70.11 feet to s set 516.6 ch Iron rod with an aluminum cap; I 131 THENCE S 00. 361120 W.leaving sold right of way, a distance of 761,51 feet to a sot 6154nch Iron rod with an aluminum tap; 141 THENCE N 89.02'411-W,S distance of 80.00 feet to the POINT OF BEGINNING,and containing , 1.073 acres, or 46,761 s4usre feet of lend, man of less. 1 :� r '{�'f��`� / Fok John F. Wildeb R.P,L,S. '° r' r�rar Daft Tome No. 4285 JOkN F, VVIlp6A �y 6HMMv 15 Teua Depamnem of Traneponarion EXHIBIT "B" Foms D•tsJt Pace l of s Rey. 9/91 Drainage Easement for Highway Purposes THE STATE OF TE..W COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That, of the County of , State of Texas,hereinafter referred to as Grantors,whether ont Of more,for and In consideration of the sum of paid by the State of Texas,acting by and through Texas Trrtnsportation Commission,receipt of hand is l ereby acknowledged, and for which no lien is retained,either expressed or implied, do by these presents Grant,Buggain,Sell and Gsvey unto the State of Texas an easement In,along,upon and across the propeny which t situated In rho County of , State of Texas, which n snore Panicularly described in Exhibit"A,"which is attached hereto and incorprra to herein far any and a!! purposes. 'r'"tls easeinent conveyed herein is for the purpose of opening,constructing and maintainin a ppeemtartent with h or drainage easement in,along,u and across said preirtises described in Exhibit"A"together with then t and privilege at sil runes of thO Grantee hereirt, its agents,employees and rtpresentatrves of Ingress and ogress to and from said pmmtaes for the purpose of maicing any improvements,modifications or repain which the State deems necessary. And for the same consideration described above and upon the same conditions,the Grantors have this day granted end conveyed and by these presents do gram and Convey unto the State of Texas any and ail km• provements presently exist tnS u is the 71ity described in said Exhibit"A;"SAVE artd EXCEPT, HO WEVER,it Is expressly sends or food and agreed that Grarnors an retakdrig title to the following improvements located on the aforesaid properly,to wit: 67,nrors covenant and agree to remove the abovedeacri!W lmprovetnens from sold lord by the des; :f , 19_�,subject,however, to such extensions of time u may be vented by t;,: State in writing; std if,for any reason, Grantor hail or refuse to remove same within sold period of time prescribed,than,without any further consideradon,the title to all or any pert of such improvements not so removed shall pass to end vest In the State of Texas forever, As a pan of the grant hereby made it L agreed between the panics hereto that any stone,earth,gmel or caliche which may be excavated in the opening,cortatrucdon or mafrxetrtoe of aald charnel or drainage nas ce of rosyy at removed from said p��by the Sate and utilized in the construcdon and milinets- ti Hance of the Sue highway system of Twos. TO HAVE AND TO HOLD the premises described in Exhibh"A"for rarotn rpoaee together with W and slnaulae the rights,privileges and thereto in say meaner dna,unto t he State of Texas (orever,and Orador hereby b Ins�elf,I hihair,EXCeason or assig _Wiurattt and Forever Defend,all and singular,the said easmrient herein conveyed unto the State of Texas,lea s"emors and assigns,against every person whomwever lawfully cialming or to claim the soars of any put thereof. 16 c- I i I Tau«Depa nee a(Trearporutioo Poem D-Mil Pepe 3 of 3 Rev. 9/91 IN WITNESS WHEREOF, this imuumen day of V executed on this the — , I4 ►•rr►arts«•arra«rrrrr«rrrrrrr«rrrera«ara«♦rue«a►rrrr««rrrrrrrr»ra«arrar««r«rani ACKNOWLEDOM6i+T THE STATE OF TEXAS, COUNTY OF ) BEFORE ME, the uoderdpted, a Notuy Pebtk, oo thia day ptrmaUy eppeuW to me on the ouh of , baowa to me (or proved (e)!e(ate)eubaetibed to the forrPotoP bs,trttmm ,a osedible witness,) to be the penoo(s) wbose purpoem and eomwendoo thardo eapnred ledPd le tw t6et htJshehbey eaeatad the saran for tbg OIM UNDER MY NAND AND SEAL OF OFFICE, this day of Nary POW.Stw of Tau My Canmtria aaplwe a ie ►rrrr►aur►earn«nrrr►►rrra►«►►►rrr►►a►►►►r►►►►a►►r►►►urrrrararr«►«rrrua«rrr CORPORATC ACKNOWLlIDOMENT THE STATE OF TEXAS, COUNTY OR BEFORE ME,dta uodeniped, t�otw PuNks m d V dey pomoedy WWW WO 19 bt the pmm and ofdm wboee twa^is to the f . lmowe to wu the tot of tha sa(d t�J toeuttmew aed b*wwldPed to me dal thr same ddy fiu"Vd tc pe rtoem do Mw by Wmpdete nyotudae of dr bord otd4teton of MIN 04 d d brrlhe Mu uteat9td the,wj u dr xt of AKA earpaerloe fa dr oaPaeW 1 rod that adri thrseio•exam. pestpaaae and oaaaLfeeedoe thesda aapereed,aed k dr a parity OMN UNDER MY HAND AND SEAL OF OPFICE, tda day of Ph"Paw,ltme e<Tau My Ccm=W,w u0m om the ._ day of ... F7 _. mild IiI I c� u Texas Depuftom of TmgwtWoa Poem D•13.31 } Pale 3 or 3 Roy. "I After recording pleas return this instrument to: lit CiRTItrICAT[ OF ItICORDINO , THE STATE OF TEXAS, COUNTY OF 1 r 18 c •i I �o -o No APO AGENDA INFORMATION SHEET �� Daly �T— - AGENDA DATEt MARCH 1, 1994 DEPARTMENT: Engineering& Transportation po�L CM/DCMIACM: Rick Svehls, Deputy City Manager T-W SUBJECT: CONSIDER AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND E. E. WRIGHT, JR, & I. E. WRIGHT, Ill, RELATING TO THE PURCHASE OF 0.008 ACRE OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCEL' 50), AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORi AND PROVIDING AN EFFECTIVE DATE, BACKGROUND: Mr.Wright,Jr. and Mr.Wright, III have executed a Real Estate Contract for the required right-of-way for the U. S. Highway 77 Widening Project. The contract amount of SS00.00 Is based on the fair market value for the land and Improvements so determined by as Independent appraiser and reviewed by a separate appraiser for conformity and u } required by the Texas Department of Transportation (TX. DOT). The Appraiser and Review Appraiser services were approved by the City Council In 1997 (Professional Services Contracts). OPTIONS Not Applicable RECOMMMAU01 ` Staff recommends approval of the real estate contract between the City of Denton and Mr. Pennington for the purchase of 0.008 acre of land for widening U.S.Hwy. 77. PRIOR ACTIONMEVIEW(Council.Boards.Commisslonslt The Planning do Zoning Commission recommended approval on July 21, 1497, FISCAL INFORMATION The purchase price Is 000.00 plus closing costs of appro t'mately SS00.00. i r MAh Attached SESSION I i I i Respectfully submitted: TerrLOark, Orector Prepared by; Engineering& Transportation Paul Williamson Right-of-Way Agent I� E fF f i I k E f A r 2 Oda 1 I h NO SCALE r. �•!` V.1.Po AuA lN0 111 / r� �A 4 At i1Tt I r 1r I lII Y r �r r • w t •r 1 1 tr, E i LOCATION MAP 3 & WIFE, SUSA 265 265 S.F. OR 0 Y------x REM. • 0.234 x E.E. WRIGHT JR., & E.E, WRIGHT III VOL. PG. 344 S.F, OR 0,008 AC, o REM. • 0,782 AC. W 50 T Ifni IN 1 a +ry . . . .LINE: : VIA. . f, 1 4 �j,399 i . . : ' . 'IA:o: SS.iJ�f E � f Tf.01 !ET ! f 4 err lil'll. �+ C34 „ f arms M� 4 t u III Planning and Zoning Minutes July 23, 1991 Page 2 Ms, Schein: Are there any other nominations? If there are cone, nominations we closed. We will wrote 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 fight hand if you an in favor. As many as are in favor of Jim Engelbrecht please raise your sight hand. (Vote - 3) As many a are in favor of Ellen Schertz please ralse your right hand. (Vote -4) The new Chair person by majority Is Elton Schanz. Thad you, For the second nominee we will be electing Vice-Chair person, The floor Is open. Ms, Apple: I would Uke to nominate Dob Powell. Ms. Schanz: Are there any further nominations? Mr. Moreno: I would nominate Jim Engelbrecht. Ms. Schatz: Are there any further nom6tatiorn? Seeing none, nominadow are closed. As many as are in favor of Bob Powell, please raise your right hand. (Vote -4 Seeing there is a majority, the new Vice-Chair person will be Bob Powell. Congratulations . M. Consider approval of the minutes of the July 9, 1997 meeting. Ms. 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 Right-of- j Way for U.S. 377 from P.M. 2164 to 1.35. Mr. Powell: That's not 377 but 4 77. Ms. Schanz: You are correct. Let the minutes reflect that, Mr. Powell: I would move that we recommend to the City Council the acquisition of Right-of-Way for US 77 from FM 2164 to 05. Ms. (inner: Second, Ms. Schertz: Is there any discussion? Ali to favor, please else your right hind. Motion passes. (7-0) V. Consider making recommendation to the City Council for the acquisidon of she Right-of. Way for Lakeview Boulevard. Mr. Powell: 1 move that we make recommendation to the City Council for the acquialtion Of the Right-of-Way for EAkeview Boulevard, Mr. Ecgelbrecbt: Second, 5 c c, uCwn�ati.d4�ne.�..rwr.w+ti,MIs h r, 4 I ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF i DENTGN AND E. E. WRIGHT, JR, AND E. E. WRIGHT III, RELATING TO THE li PURCHASE OF 0.008 ACRE OF LAND FOR THE EXPANSION OF U. S, HIGHWAY 77 (PARCEL 50); AUTHORIZINO THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 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 E. E. Wright,Jr. and E. E. Wright, 111, in substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of 0.008 acre of land for the expansion of U. S. Highway 77(Parcel 30). SECTION 11. That the City Manager is authorized to make the expenditures as set fonh In the attached Real Estate Contract. SECTION ill. That this ordinance shall Ixcome effective immediately upon its passage and approval PASSED AND APPROVED this the day of , 1999. JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: 1'ERBERT L. PROUTY,CITY ATTORNEY 17 4t'Jr� , t F ' ri_Y: Ce4L'. e , 6 i C` I RKM BSTAT39 CONTRACT I STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between E. E. WRIGHT, JR. AND E. E. WRIGHT, III (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 SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all f rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in nd o adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances 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. Seller 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 April 1, 1999 shall become property Of the City of Denton, Texas. PURCHASE PRICE I Amount of Purchase Price. The purchase price for the Property shall be the sum of S500.00. 2. Payment of Purchase Price . The full amount of the Purchase Price shall be payable in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction Of each of tho following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 1 . Preliminary Title Aeport . Within twenty (20) days after the date hereof, Seller, at Seller's sole cost and expense, shall have caused the Title Company (hereinafter d4fined) to issue a owners policy corwnitment (the "Commitment") accompanied by copies 7 i of all recorded documents relating to easements, rights-of-way, 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 riot 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 -11 unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and 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 irprovements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if anyr and shall contain the surveyor' s certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days 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 notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser, Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey, 3 . Seller's 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. , AEfCObFE PAGE 2 B a REPREANTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: 1. There are ..o 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 procet,dinq 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, statutes, rules and restrictions relating to the Property, or any part thereof. 4. To the ba•�t of the seller's knowledge, there are no toxic or hazardous wast-as or materials on or within the Property. Such toxic or hazardou3 wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (FCRA) , as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) , 63 amended. CLOSING The closiEtig shall be `old at the office of Dentax Title II Company on or before April 3001999, or at such title company, time, date, and place as Seller and Purchaser may mutually agzee I upon (which date is herein referred to as the "closing date") . CLOSING REQUIREMENTS I L Sel'.er's Re uirements. At the closing Seller shalli A, OelivOr to State of Texas, acting by and through tt.e Texas Transportation Commission a duly executed and acknowledged Deed in the form as attached hereto as Exhibit "B" 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: tEEnnerE pscE 1 9 v c� 1 . General real estate taxes for the year of closing and subsequent years not yet due and payablel 2. Any exceptior.a approved by Purchaser pursuant tc Purchaser's Obligations here- of) and 3. Any exceptions approved by Purchaser in writing. B. Deliver to Purchase: a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the "Title Company") , or such title company as Seller and Purchaser may mutually agree upon, in Purchaser' s favor in 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 wriO ng by Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, however: 1 . The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Purchasers 2. The exception as to restrictive cove- ' nants shall be endorsed "None of Record"s 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"1 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 � ;' A$ c; consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. i AEEOWE PAGE 4 10 3. Closic Costs, Seller ;shall pay all taxes assessed by any tax collection authority through the date of Closing, All other costs and expenses of cloning in consummating the sale and Purchase of the Property not specifically allocated herein shall bE paid by Purchaser and Seller. REAL ESTATE COMMISSION All obligations of the Seller and 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 exce;jt Purchaser's default, Purchaser may tether 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 OBLIGATIONS having been satisfied and Purchaser being in default Seller may performance of this Agreement, or terminate this enforce entifby written notice delivered to purchaser. MISCELLANEOUS I . Assignment of Agreement. This Agreement may be assigned by Purchaser without th�p written consent of Seller, 2, Survival of Cove�_ nanta. Any of the representations, war- ranties, covenants, and agreements of the patties, as well as any rights and benefits of the time following the closing of its' pertaining to a period of hereby shall survive the cloying and the shall nnot tbenmergedttherein,i 3 , Notice, Any notice required oz permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt reques , se address set forthlben athpthehsignatu as a of the spa may at the i AEEOOert PACE s 11 C+ I i i 4. Texas Law 'to Aoply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5 . Partieu Bound. This Agreement rhall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. I. Legal Construction, In case 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 never :,een 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 respecting the within subject . dtter. 8 . Time of Essence. Time is of the easence in this Agreement . 9. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. I 10. Memorandum of Contract. Upon request of either part yo both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11 . Compliance. In accordance with the requirements of the Texas Real Estate License Act, Purcha jr is hereby advised that it should be furnished with or obtain , policy of title insurance or Purchaser should have the abstra . covering the Property examined by an attorney of Purchaser's (,, n selection. 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. i AEl9�8FE PAGE 6 12 v c. DATED this day of 1999. SELLER PURCHASER THE CITY OF DENTON, TEXAS Gpp � f�r BY: E. E. Wriptr J Michael W. Jez 1 City Manager C C `n-'l_ 215 E. McKinney E. E. Wrightf Denton, Texas 76201 STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of , 1999 by Michael W. Jez, City Manager, of the City_ of Denton, - municipal 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 City f of Denton, Te::as, 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. I . Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OF DENTON 1 Th s instrument is acknowledged before ms, on this day of 1999 by E. E. Wri ht Jr. nreanaan*�n*+ew�a�e*enA���nx �-- cNOrM<k��+�R� Notary PeYlIC in and for Ncls 9 Puelie, Suss c� in+� the State of Texas 7 c,mmiscam Et ns 140 2000 n�;;uwmam�se�axvaenroays�vrr°��� i ! AEE008M PAGE 7 13 l r c, I i . i STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this Z°1 day of 1999 by E. E. Wright, III, �> �+w+ tar Public Inian' for IOSEPWKLCAVA20S Oe state of Texas CW&SION EXPIRES ME 21, 2001 i i i i Aj?"\ r ALEaOBtt PAGE 0 14 c LAHl&T 'A' County Denton Page 1 of 1 ^, Highway U.S. 77 Project Limits: From I.H. 35 Pair. October 6, 1994 To U.S. 390 CSJ: 0195"02• ' Account: FIELD NOTES FOR PARCEL�Q BEING A PARCEL OF LAND SITUATED IN A CALLED 0.794-ACRE TRACT OF LAND CONVEYED TO BILL REED, E.E. WRIGH'i; JR., AND E.E. WRIGHT, Ilf, RECORDED IN VOLUME 2227, PAGE 799, OEED RECORDS OF DENTON COUNTY, TEXAS IDRDCT),AND BEING SITUATED IN THE N.H.MEISENHEIMER SURVEY,ABSTRACT NO. 811, CITY OF DENTON, DENTON COUNTY, TEXAS. AND BEING MORE PARTICULARLY OESCAI8E1)AS FOLLOWS: COMMENCING for reference at a fence corner poet being the northeast comer of said Wright tract, same bring e point on the south right of way One of TeOafarro Street; THENCE N 89 C 03' 54' W.along the south right of pray One of Talleferro Street and the north One of sold Wright tract, a distance of 129.95 feet to o set 618-Inch iron rod with an aluminum cap, being the POINT OF BEGINNING, same being a point on the new east r;Qht of way line of U.S. 77; (1) THENCE S 030 39'41 1 W,along the new eat right of way Ono of U.S.77,a distance of 117.96 feet to a set 518-Inch Iron rod with an aluminum cop, some battle a point on the existing east right of way line of U.S. 77; 121 THENCE N OOe 47' 33' E, along the existing asst right of way Ono of U.S. 77, a distance of 117.12 feet to a found nail, being the northwest corner of sale Rad tract, and sold point being on the exist ng south right of way Ono of Tallsforro Street; 131 THENCE S 690 03'64' E,along a One common to sold Reed tract and the south right of way Ons of Tai;aferro Street, o distance of 5.87 feet to the POINT OF BEGINNING, and containing 0.008 acre, or 344 square feet of land, more or irss. 7 l '1 OF, s John F. Wilder, R.P.L,S. J JLDE • Data Texas No. 4285 ' I... F' �t�EA, o4> 15 o-rutxn j r; i i i I Tens Dquftent of Tmgmtadoo EXHIBIT "B" Form D-17-14 Pap 1 of 7 Rev. 9/91 DEED THE STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: That, of the County of ,State of Texas,hereinafter refeiYed to as Grantors,whether one or more,for and in consideration of the am of Dollars($ )to Grantor=s in hand paid by the State of Texas,acdttg by and thrgtg i the Texas Transportation Commission,reo#t of whit;t is hereby at9awwledged,and for which no lien G retained,either expressed or implied,have this day Sold and by these gmsera do Grant,Bargain,Sea atdtConvey unto tha State of Texas all that certain tract or Wt"Ap"uwhi h to attached hereto erd htcorporated herein for any wA mot all arty described in Pat Y P�p�+• SAVE and EXCEPT, HOWEVER,it is expressly understood and agreed that Grantors are retaining title to the foll owing Improvements located on the property described in said Farhibit"A,"to wit: Grantors covenant and agree to remove the above4escnbed improvements from said land by the day of , 19_,subject,however to such extensions of lime as may be granted , by the Stare in writing, and if, for any reason,Grantor z falr or refuse to remove , within Bald period of time prescribed,then,without any further considerad n,the title to all or any part of such improvements not so removed shall pass to and vest in the State of Texas forever. Grantors reserve all of the oil,gas and sulphur in and under the Iand herein con.eeyyed but waive all rights Of ingress and egress to the surface thereof for the purpose of expin ing,deve[opin9 mining or"Un`for same;however,nothing in this reservation shall affect the rite and rights of the Sitars to take and use all other minerals and materials thereon,therein and thereunder. Al y I I 1"\ r 16 T 9 I , Teue Depamnent of Tnaapaemim Form 13-IS•14 Page 2 of S Rev. 9/91 a TO HAVE ANT)TO HOLD the premises herein descn'bed and herein conveyed together with &U and singular the right, and thereto in any wise belonging unto the State of Tutu and its assigns forever,and rmtors do reby bind ourselves,our beirs,executors,administrators, summon and as- signs to Warrr,t said Forever Defend all and singular the said penises herein conveyed unto the State of Texas and its.tsigns against every person whomsoever la lwfu y1 claiming or to claim the sane or any pan thereof. IN WITNESS WHEREtIF,this Instrument is exemted on the the day of •!!!!!!!!!!!!!!H!•!!•♦N!!•ell t4ftl!!el♦!!�!!!!fM lN!!!k!!!!!!!!!!!!!!!!N!f!!!!1• ACKNOWLEDGMENT THE STATE OF TEXAS, !f COUNTY OF BEFORE NM the undersigmd, a Notary Public,an this dry paraoosIfy appeal to me on site oath of known to me (or proved tome(t)It(are)subscribed to the for , a credible wimess,)to be the person(s) whose goias iom=ea and ad mwtedged to me that h0beltbey executed the same for the Purpaser sod evosideradoo thada esprered. GrVEN UNDER MY HAND AND SEAL OF OFFICE, this_ day of i i j Nw y Public.Stw of T"m My Commimim COO an do aq of ,19__, ♦!!H t ei!!!!!!1!!!Ht!!!!!!!!!!!!!!!!f IN le!!!!!!!!•!!!!!!H!!!!!!!!i!!!!!!!!!!!!!!! '. CORPORATE ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF BEFORE ME, the undersigned, a Notary Public. an this day pesky appeared of_ , knows to hair to be the person and officer whore mare is sobscribed to do foregoing iostomkot and kiwo rledged to me that the same was the act of the said , a coTorsdoo, that he/she was duly wthorired to perfomt the awe by app opt w tmoludos of ce board of director of such corporation and that bs/she exmted The saw a to set of loch eotpaadon for the ptoptdea and consideration dwein etpteeaed,sod In the equity therein paled. , OMEN UNDER MY HAND AND SEAL OF OFFIM this ,_._,_day of )s"PAU,Sore of few My Commisdoo expires an the _day of . It- 17 c+ u r.xu D.putaw of Tango"M Pam D-MIA � PRV30(3 Rm 9N1 After recording place return this Instrument to: I CERTIFICATE OF RECORDING THE STATE OF TEXAS, I COUNTY OF I 19 k S' , I� an nCWda AGENIDA INFORMATION SHEET r� I AGENDA bAl t: MARCIJ 2, 1999 DEPAR-114'.Nf: Engineering& Transportation !` ( . I/DC'1I/ACSI: Ifick Ssehla, l7eputy,Citp Mana><er 5I�BJEC r; CONSIDER AN Olkh NANO p. APPROVING A REAL ESTATE CONTRACT BE 11VEEN 'III C li ft OF DENTON AND JOE BRVON PENNINGTON, RELATING TO 711E PURC'HAS� F O.W* ACRE, OF LAND FOR THE EXPANSION OF U. S. III(,II►1'A?' �lI (fA C' I, l); AUTHORIZING THE EXPENDITURE OF FUNDS 1IIER�OR; AND PROVIDING AN EFFECTIVE DATE. Mr. Pennington has executed a Real Est.te Contract for the required righl-of-way for the If. S. Ilighwsv 77141dening Project. The contract amount of S6.%0013 based on the fair jnatkk sllipe for the land and improvements as determined by an independent appraiser and revicoo by a separate appraise, for cenformity and as required by the Texas eparl "1 6("Tra?,sporlstion (TX DOT). [he Appraiser and Review Appraiser services ere iaruti- try f 5c City Council in 1997(Professional Services Contracts). Not Applicable i RI: '01ASILNj 111 UgN, Yle t F(i Tends approval of the real estate contract between the City of Denton and Mr. e i glll fur The purchase of o.008 acre of land for eidening U.S. If-Ay. 77, NftII R ACI ION/RF.VIE%V t( ouncil, Boards,Commissions): l h^ planning& Zoning Com mission recommended approval on July 23,1997. IISCAL NFORMA'lION; I Ise purchase price Is $6.16.00 plus closing costs of approximately $500.00. r MA P Attached 1 r u i Respectfully submitted: ! 1 Jerry C rk, Dikeelor Prepared by: Engineering& Treasportation aAfw� Paul%Illiamson Right-of•Woy Ageat II i 1 i i I 1 z t `1 S i a i N NO SCALE lil ♦ �) U.I.W UWq"Go!7D Aft a slTe w �• r A A ■ • J i • r. J A, iI J LOCATION VAP i i 3 L' i' X.� x REM. - 0.782 AC. IL Y ; 50 ; , a � tn• IR S 3'3 '}1' � � '`gin KT SW IN a me t 'll Td: -47 91 : . .. . . . • XT WIN C34 Up -� "• _ 1 s �i152 g 149 % e� 1 51 N H L 'largo ' • 10 � slW 1?0 V!• R L. ,.49; N ~ XL j JAMES W. OWENS O i 1 70L. PG. ` 562 S.F. OR 0.013 AC. JOE BYRON PENNINGTON r REM. - 0.161 '%C. VOL. PG. 345 S.F. OR 0.008 AC. --SITE U 4 c I JlY73,g and Zoning Minutes Page 2 • � I Ms. Schertz: Are there any other aomhnadom? If there are mne we will vote oa the nominees in the order of their nominadon. I �e and then after I am through if you will nalse your right band if you are in hst t it name as 1 are in favor of Jim Nelbrecht please raise In favor of Eilea Sclera please raise your riYO hr( � (Vote e- � 'u are by majority Is Ellen Scbert . Thwk yon person For the second nominee we will be electing Vke-Chair person The floor is open. Ms. Apple: I would hike to nominate Bob Powell. Ms. Schertz: Are there any lirrther nominadons? Mr. Moreno: I would nominate Jim Engelbrrcht. Ms. Schein: Are there any further nomittadons? Seeing ,oae, nominations are closed. As many as tre in favor of Bob Powell, please raise your right hand. (Vote .4) Seeing there is a majority, the new Vice Char Person WM be Bob Powell. Congntuladons. 1II• Consider approval of the mimttcs of the July 9, 1997 meeting. Ms. Schertz: Are there any corrections? Seeing none, the minutes will stand approved as written. N. Consider making recommendadon to the City Council for the acquisition of the Right of- Way for U.S. 377 from F.M. 2164 to I-35. Mr. Powell: That's not 377 but is 77, Ms. Schertz: You are correct. Let the minutes reflect that. Mr. Powell: I would move that we recommend to the City Council the scgrtlsidon of Right-of-way for US 77 from FM 2164 to 1.35. Ms. Gamer: Second. PsSchertz:' Is there any discussion? All to favor, Please raise your right hand. Motion V. Consider making recommeodatioa to the City Council for the acquisition of the R Sht-of- Way for Lakeview Boulevard. Mr. Powell: l move that we make Of the Right-01 for we Boulevard.evadon to the City Council for the acquisition .Mr. Engelbrecht: Second, 5 h U ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND JOE BRYON PENNINGTON, RELATING TO THE PURCHASE OF 0.008 ACRE OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCEL AUTHORIZING THE EXPENDITURE OF FUNDS TH9REFOR; AND PROVIDING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECT ON 1. That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Joe Bryon Pennington,in substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of 0.008 acre of land for the expansion of U. S. Highway 77(Parcel S 1). SECTION 11. That the City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract. SECTION 111. That this ordinance shall become effective immediately upon its passage and approvc,l. PASSED AND APPROVED this the day of 01999, JACK MILLER, MAYOR I ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT PROUTY,CITY ATTORNEY (' I BY: 6 IIL r c HEAL ZSTATZ CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS C014TRACT OF SALE is made by and between JOE BRYON PENNINGTON (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 SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described 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 appurtenances 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. Seller 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 April 30, 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 $656.00. 2. Payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction r of each of the following conditions any of which may be waived in 4 whole or in part by Purchaser at or prior to the closing. / 1, 1 . Preliminary Title Report. Within twenty (20) days after the date hereof, Seller, at Seller 's sole cost and expense, shall have caused the Title Company (hereinafter dofined) to issue owners policy commitment a (the "Commitment") accompanied by copies 7 C` of all recorded documents relating to easements, rights-qt-way, etc. , affe(sting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (101 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 the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and 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 :)e 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 n shall a P Y d set forth she number of total acres comprising the Property, together with a metes and bounds description thereof. i Purchaser will have ten (lo) days after receipt of the survey t 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 tr, the reasonable satisfaction of Purchaser. In the event Seiler is unable to do so within ten (10) days after receipt of written notice, \ Purchaser may terminate this Agreement, and the Agreement shall 1 thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seiler this written notice shall be I deemed to be Purchaser's acceptance of the survey. 3. Seller' s Co ) lance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and I conditions required by this Agreement to be performed, observed, i and complied with by Seller prior to or as of the closing. AEEO0 =F PAGE 2 C' 4I REPRESENTATIONS AND WARPWTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing dates j 1 . There are no arties in p possession of any partion 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 Ruit, 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, statutes, 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 amended, and the Comprehensive Environmental Response Compensation ani Liability Act (CERCLA) , as amended. CLOSING The closing shall be held at the office of Uentex Title Company on or before April 30, 1999, or at such title company, time, date, and place as Seller and Purchaser PAY mutually agree upon (which date is herein referred to as the "closing date") . CLOSING REQUIREMENTS 1. Seller's Requirements. At thee closing Seller shall: A. Deliver to State of Texas, acting by and through the Texas Transportation Commission a duly executed and acknowledged Deed in the fo.^m as attached hereto as Exhibit "B" conveying good and marketable title to all of r the Property, free and clear of any and all liens, , . encumbrances, conditions, easements, assessments, and restrictions, except for the following: AEEOCSFE PAGE 3 9 rrrrra• t 1. General real estate taxes for the � I year of closing and subsequent years not yet due and payablao 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations here- oft 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, Dentin, Ter.as, (the "Title Company") , or such title 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 Purchaser, and the standard printed exceptions contained in the usual form of Texas owner's Policy of Title Insurance, provided, howeveri I 1 . The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated witn same shall be borne by Purchasero J 2. The exception as to restrictive cove- 1 nants shall be endorsed "None of Record"o 3. The exception for taxes 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". I 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. I AEEO0Brr PAGE 1 lO i j I l 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 purchase of the Property not specifically allocated herein shall be paid by Purchaser and Seller. REAL ESTATE COMMISSION All obligations of the Seller and Purchaser for payment of brokers' fees are contained in separate written agreements. BREACH BY SELLER In ti,u event Seller shall fail to fully and timely perform any of its obligations heruunder 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 OBLIGATIONS 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. JJ MISCELLANEOUS 1 1. Assignment 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, pert ining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be mergad therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party, AEE001FE PAGE S 12 N 1 i I 4 . Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreement shall be bindin-i upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Le a1 Construction. In case an one r --g y o more of the pro- vision$ contained held in this A reement shall 9 for any reason be held to be invalid, ille al or unenforceable 4 � _ e n any respect, said in � validity, illegality, or unenforceabiliLy shall not affect any other provision hereof, and this Agreement shall be construed �Is if the invalid, illegal, or unenforceable provision had never 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 respecting the within subject matter. S. Time of Essence. Time is of the essence in this Agreement. 9. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement �Litable for filing of record. 11. Compliance. in accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10), days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement . upon written notice to Seller. AEE008FE PAGE 6 12 I i I DATED this day of 1999. SELLER PURCHASER THE CITY OF DENTON, TEXAS , I Br g BY: on Michael W. Jez City Manager 215 E. McKinney Denton, Texas 76201 i STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of of Denton, a� municipalMcor orat ion eknowntto meatorbe thehe City ,person and officer whose name is subscribed to the foregoing instrument i and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate ord'_nance of the I 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 T instrument is acknowledged before me, on this _3 01� day of 1999 by Joe Bryo,: P_ennincton. ltP ub is in and for the State of Texas i , kLt008FE aace 7 13 i County Dj= EXHIBIT W y Highway U.S. 77 Pace 1 of t t' Protect Umits: From 1•H CSJ: QjU:Qj; To U.S. 3An Rev. October 6, t984 Account: FIELD NOTES FOP, PARCEL U BEING A PARCEL OF RECORDED IN VOLUME LAND 4, AGE 852, DEED TRACT ORDS OF ENTON CO NTYTEXAS J ROCTI AND BEING SITUATED IN THE N.H. MEISENHEIMER SURVEY, ABSTRACT.VO. 811, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS POLLOWS: COMMENCING for reference at W#crS t Tact eh Iron rod being the northwest corner of"Id Pennington tract and the southwest 608. D corner of a 0.284aen tract Of land conveyed to Gibraltar Tout, recorded in Volume 1687,, Page 608, OA�CTI THENCE S 88. 00' 20' E,along the common property line of said Pennington traet and saki Gibraltar Trust tract, a distance of I80.SS feet to a eat 8/8dneh iron rod whh M ahhminum cap, being tha POINT OF BEGINNING,same being A point on the new west right of way fine of U.S. 77; iI 111 THENCE S 880 00' 200 E, along the tprth Me of aid Pennington tract, a distance of 6.6E feet o e round 1/24neh We Iron rod fa the norck"t Corner of acid Pennington tract,some balsa a point on the existing weer right of way Line of U.S. 771 121 THENCE S 030 12'21'W, alone a fine common to said PsnnYhgton tract and exlsting west right Of way line of U.S. 77,a distance of 69.98 fast to a found 112-inch Iron rod, Wag the southem corner of sold Pennington tract and the d ortheset earner of a Wet of land conveyed to Warren A. Searle and wife, Barbara M. Seale, recorded In Volume 189, Pace 272, DADCTI (3) THENCE N 880 26' 18' W, 81009 a Iles common to astd Pannington tract and said Searle tract, / a distance of 8.88 feet 10 a sat 818-Inch Yoe rod with an aluminum cep, being on the now west tight of way Iina of U.S. 77, and sold point being In a non-tangent circular curve to the right, having a radius of 11489.18 het; (41 THENCE m*thassterfy, Mang the new west light of way Sno of U.S. 77 end said curve to the right, through a Ors SA& of 000 17' 67% an�[o distance of 80,01 7 e and id curs chord which burs If 030 29' 310 r:, a Altones I fast to the POINT OF hsyim A and contalr,,!"0.,08 acre, or 346 square fast of land, more at lees. Aye�r r�lr r�j- John F. Wilder, R.P.L.S. JOrf �� ••,••'y, �� �'Y` A, Texas No. 4285 Y11Lt)£a a l ... , •r,..,,.y To t o 14 ehr+�ry i Tex": of7 rmgmWm EXHIBIT "B" Pam I is-14 POP 1 era Acv. e/Dl 4 DEED THE STATE OF TECAS COUNTY OF_ KNOW ALL MEN BY THESE PRESENTS: That, t of the County of ,State of Texas,heminsfier referred to as Grottos,whether one or mom,for and 111 cbn Wwsdon of the tam of In Land paid e Sq which fOe'day Sold d there Macl tsW wnh othiblt"A, whleh tr attached hemro and in to'r SAVE and EXCEPT,HOWEVER, it is title to the.oUawina krprovematt:tooted dy understood old greed that Gtan�aat are r tainlna prepetty described N said R% Wt"A, to wh: day o ors covenant and a;me to mrrwve the abovedearxibed i +overtlat�60111 SAW bird by the day of , 19_.,sub jax,however to sttcll extensions of time o troy be , by the State In wrhirtg;and if,for any rotors,Grantors fall or"his to remove Sane wldiln told period of time Prescribed,there,without any further cateWersdon,the title to AU or my pate of such lmprovartenp not to removed ehaU pas to and veer in the State of Tex"forever, Grantors reserve ail of the oil,So Mid wlphw In and under the lard hetelp but waive BU din Of IngreSa aid esreSS to the surface thereof tar the of explotL>t,devel�� t or ddU�g for same;however,nothhtg k thL reaervatlon Ihill a�en the rive artd rljltts of" tare to take and tw Y[ other Minerals aid mANUS thereon,themin and thereunder. (fry t 15 c -' Te"I 1Vuaaaml of Transportation Pcrr D-11-14 tyr 3 00 Rev. 901 TO HAVE AND TO HOLD the pmmises herein described and herein conveyed together with eIi mud lfrlguler the tha-%E , in any wise belonging tmw the State of Taw and in assigns forever,and Grantors do�ourselves,our hein,executors, adminisentm,suc omors and as- signs to W,urmn and Forever DefW all and singular the said pin herein conveyed unto the Sue of Testa and its assigns against every peam whoQlsoever Lwfully calming a to calm the same or any part thereof. IN WITNESS WHEREOF, this hwbu nwm is awMW on this the day of arrr►rrrrrrrrarrrrrrrrrrr••arorrarrrarrrrrarrrrrrr►rrosrrrrrrrrrrrrrrrrrurur THE STATE OF TEXAS, AC KN OWLZDUMRNT COUNTY OF BEFORE ME, the underoi toed, a Notary Poblle, om this day ply+ppared to me oa the eelh of known to me (or prowl , a Oredlbte witmmaj to be she poems(:)wboa names)to(are)mbocnW to the fomT* tsoenrssm and admowlortpd to we dmt he%hehhey mo odW the tame for the pwpow and easddendon thesis expwwed ONEN UNDER MY HAND AND SEAL OF OMCB, lWs day of Nwry A66e,Srata d riau III CMWWN ryimamds 4yd a rrrarrrsrwrsrrarrrrrrraarrraarrrraraarrrrrrrrrrrwrr;rrrrrrrarrrrarrrru THE STATE OF TEXAS, CORPORATZ ACKNOWL6DaMENT COUNTY OF i BEFORE ME, de tmdeeslpxd, o NwAry public, sm a&day p aossay appeared we to be dr pes and o1fM whose es"is m6omlbad to dr , la+owa to was the act of the said fO^ Instrument a!d admowledded le mo the dr limn duty w>b xlsed to perform she taste 0 m wepmadoo, the byobe was duty K d the mY to r the ea otu by �noobdon of dw bond afdhectan of"Oaapondom mad the hoW thaela d red corpor dos for tho prrpow tied oamltldandos themdm experoaad,med is the apmhy l OIYEN UNDER MY HAND AND SEAL OF OMCIL des day of Notary geese Sera of risr My COmmW m aplra am the , day of , 19_._,. I6 t. so Tom aD owa at Tranvar tIm ry.s e s R". "I 0 After recording please return ttsb tnetrammt to: lei CIATUICAT! OF XCCOADINO THE STATE OF TEXAS, ) COUNTY OF ' } 1 I 17 , 1 t j L t Aju11 � P��O Il� AGENDA INFORMATION SHEET r7— I AGENDA DATE: March 2, 1999 DEPARTMENT: Engineering& Transportation CM/DCM/ACM: Rick Svebla, Deputy City Manager �j SUBJECTt CONSIDER AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF PUBLIC STREET RIGHT-OF-WAY EASEMENT IN 1,619 ACRES OF LAND LOCATED IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1333, OWNED BY SHADY SHORES 03 JOINT VENTURE; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FROM THE PROPOSED LAKEVIEW BOULEVARD TO SHADY WIORES ROAD; AND DECLARING AN EFFECTIVE DATE. BACKGROUND: The attached plat illustrates the tract necessary for the connection of the proposed Lakeview Boulevard to Shady Shores Road. This connection is necessary frr"The Preserve"to enmplete the public improvements associated with their development. Negotiations between":he Preserve" developers and the owner of the 1.619 acre parcel have reached an imparse and the City of Denton is being petitioned to intercede with the power of eminent domain.. A contract will be used to insure that the developer bears all cost of condemnation. l have encouraged both sides to continue dialogue and have attempted to facilitate interaction between the respective parties, At the time of this report it appears that the issue is not should the tract be sold,but what price should tract sell for? RECOMMENDATION: Staff endorses the acquisition necessary to construct the connection of the proposed Lakeview Boulevard to Shady Shores Road. PRIOR ACTION/REVIEW(Council,Boards,Commissional Approved by Planning&Zoning Commission on January 13, 1998. FISCAL INFORMATION All acquisition costs to be borne by developer. MINION 1 SAE Attached Respectfully submitted: 19hyypark, qirector Prepared by: Ehencering &Transportation Paul Williammson, Right-of-Way Agent i i 1 � t Ito <' I 1 f ' (1 C. i THE PRESERVE et PECAN CREEK EOWAROS ROAD LAKE' LEWISVILLE H POCKAUS-PAGE W Y N d l� N O SHADY SHORES ROAD r. SUBJECT PROPERTY N C GS I yy` w VICINITY MAP a c+ i PEED DMILAY IIr ""°`" �'����roo°ar"� 873• '3�'f ; C.e,me.a iY"1ar.7 tl• j:62.1 297. I 4 4a a AC wi zi Mel .'` . rte. r,. •= �7.��S;os•E d A 02 1 1 ip, . N.34 34,'e94.°7•" • . qq.8y CTS �M 98004 J7'E CH•35.45' ENQ„!!3 13'M�� ! ` '`� ` n81%'4 58,N L• 77.pppp 4 •�,,� A �2s'O6 's i ..� GOOIDWINI Seds 1• ■ 200' U, DaWALC IS 8 aNUw+w-IXAAMI-�IIMhOM Job No.r 9662 of offed, T.J.M. y t a I I �` II December 21, 1699 BRIDLEWOOD Denton City Commit Denton City Hal 219 E.MdOmey Denton,Tx 19201 RE: RIGHT OF WAY CONDEMNATION Dear Council Members, In 1964 our partnanhlp pcs+dmW eww"T ately 411 aaa d send loafed In the city of Denton,now kwon N tN Preeerw. The land wee ZMW PO-132 and WrAm ey ow W by a Robert Bass partnership that zoned this property In 1090. At that time B>t Base pertmeshlp aoquhd a 1.80• we trod horn the Th wello I'emly that wee 120'Wide r1d 673'"10 provide worn hm 9u Prsaerw trod to Shady!horse Rd.and Wmally along the proposed Haler 9roroupMlw plan elgnmeni that would owned Hwy.380 to HerelrM 39 It Poet Oak Rd. Evktertty,9» 1.9-Sae bad wse eogAvd*tier the WW hd end,uwobe;not hakrded ae odalrai for bank fhendng that was provided. When 9N property was 6—Ish rrtd 10"lender in the eery DC's the 1 }oars rt6M d way wa not b*'Ww,ed atlhotgh tt rwnaka0 zonal ee right dway h PD-132. Allhmo we woe ewara of IAis bed nd bsh0 kvk 4W In our aoquWdon,l eppsred b hew lmited value to WYms shoo N Was zoned right Of Way end only 120'wide and plemed an Mme Haler twoughfare plan on the City of Denton Cwyp*wtelw Plan. We wars advised that the property "id be purchased at anytime from the Baas group when needed. In 1997,a real estate broker by the name of John Dowdel cw Amd*d one of 8N prows Inquiring about the evailabFny of to Property for a Purdah he raproeentad. The partner provided proprietary Infommtion about the Praserw ihoparty hdudhg hb"Won about M AAY*moo" \ through the 1.9-acrr right of wey property Ihet oould be eoquind form Ihs Bees Oroup. Mr.Dowdel's dirt did not purchase the property. Howe .Mr,Dowdell hInaM owAscled the Bass Group and purchased the 1.bsae right of way by vhw of proprNtery Warnaco provided by us, In February 1008, we Contacted Mr. 0&&M who o fersd the property to us for $178,0X0; e Copy of the ooReaponclow le elleohad. J f .s 4000 West Wtndeor Drive Flower Mound, Teeu 75029 912.355.3195 Fam 912.393.3791 S r U ' ° oeconbw 21,IM Ptaoa roots 6not IN vaalw ww dodwd by opp+aieknp tM entire 12 Dan se�eeant b the 1.6 eoa 120'row)Gad. N w*Ad worn b w that M 1.6 on hhbio wry gmfted value and that o NW use of V4 w*Ad be far road knprovonsnt In June of 1006,we w*W w apprIgSW tlrm #4 rwms of Jackm CWbum rand MunlW an m"M of the 1.O..m rV tit at way hd The 1I * W wiw is$06,000,00 P ttYnek who Mid MW we hl caned o W0I W.4owdell rwnwra s tMU through tnfttW Ihat M ww w*.N on soma dpn lean �" hAaE b W. ft rw.Mw t1ra►►oMnO home btaNdert klo�.nk the rad,howevw wee nw rwafNed loom�NO Part"and"book to W.HyrnkIry Deambw 16,too. W. acquln u We bsdr whkln sat ft the Donlon City Caxad hltl b ow4wmalbn b shown on ms Cltyh Mwtw hie Plan.lo'� ' lo � w It Is obvloue that W.DOWW used proprletoay MwmWonaanreia+abN Mnw pop"tw ha no apparent um omw then w a rood,wNh ft IrW to asks an W=and kxreeNe6c pmts. SInoney y&n, Moo Fooft Cewloprn"Pobw a r b i (I awc-20.95 07147P tue�• P.aa rrO`s fo. 1`119. 24 1 fl7 W;32P4 pe y I DR CAPITAL COMPANY swk ea t is J00 1Wephont(!TZ)f+6f}TloO FeWm11c 19ft1><i•OMa Jtwuory U, l9Pt Mr.MktwJ S.wymk 11171 POPPY Plw Ddak TX T32l7 k8' 1.619 oerot of toad iX&W on SWY Skwu Jtood,Mates County,Taw Dw S X Autwrt to our"awratioa wtla 04 week J lmswt POU the Iola VwUre umsrrbers cod bow Wv*d u It PrW winch dw wature would MI. 7% Price to $ITf,00o ms or �pPrad O* t2./1 per ogwn foot, TWO Pricy to e"w1ble to reew tutu le the fnurwd<ON aq Tbo leµi norms *(the Suer 4 the Slwdy Sberoe Job Joint Vaeliro Jo Dewdo!I eAl� T t, III DOC-20.911 07348P P-04 Jackson Claborn Inc, j RaU 8slate Consuhint and Appraisal Services i J mm H. Jsekson Y , MAI W. David Claborn MAI Dallis, Td Fort Worth, Tau August 26, 1998 Mr, Marc Fooft IThe Preserve at Pecan Creek Partner! 4000 West Windsor Drive hlower Mound, TX 73028 At: Appraisal of 1.619 Acres of land located on the north side of Shady Shores Road at Post Oak IRoad, Denton, Denton County, Texas; T-049-W Dear Mr. POW A: At your request, we are provWing A complete, self•conlalned appraisal Wignrnent of the above• deserved property, contingent upon certain assumptions and llrnidng conditbnl, The puf the of our appraisal atsignmem Is 10 estimate the market value of the fee simple interest in dse subject property As of August 13, 1998. Thb appMlul assignrrlent watt not based on a requested minimum vdustion, a lreclfie valvatto,t, or the Approval of A loon. The complete seMoonttlned appraisal that follows dtts us'"ll unl letter conforms 10 our interpretation of the appraisal guldelines established by the Appraisal frutlVe and the State of Tesat. The subject propwty was Inspected on August 17, 1998. The date of dte report b Augusl 26, 1998, h must be roied dial our estimate of value is subject 10 the following specific sssurnptiont and limiting COM10oro 1. AU(Vormarlon, tncludlFt sarvey, letaf detedprlons, fend arses, and other pervn4nt data was proeldad lot Goodwin and Marshall elydl englnrrrs, C#y of Denton, and 9/19 Denton Central Approfsal Asmtfct. 7h4r trlartnatfan b assnmtd to be comet Any v^,(4ncr may tMutace the conchulon$ Itontaintd in this report, 1, lYrr subject slit it$Fiat/, narrow In width, and it rwntd In tlrmin, 17re:, I on a stand alone barb, the$abJest hot POOP the urfllry. Baud on thlt fact, 1/10$uW it eoodderted to have limbed SIV49816AGrtnt no,soaalc tdme tv apt 14"aaf ball of fend. IA'$$abfal AJI toes orftbrdiy PM of a fatter tract which copttalned the 6,MI-oere wef MpeenJ to the cots! and the J-37-acre tract trdlaernt to the earl. IAtu, we have vafued the $ubJect I based on art Althea and bell isle, as aaronbtrd with the o�lokbig, butil aped port ejth!$11.26J•aere attambJate, , 17400 Dailat harkwa a t +' t p 300 t7r vine Highway Sulu 720 a D1Ap,Tesu 73248 a(977)732-003! FAX(977)733 140 ' �+ Y Suhe727• Huut Tap76034r(Bin498.9919rFAX (817)381.9191 8 U U Ooc-20-98 07350p p,05 Mr. Marc roothk August 26, 1998 IPAP Two 3, she s1041ee8 G prW)od k be "taken" by it pubh,c whey /or Me eorf�-Idled of a p(+blk rw dwrly, Metoewro our voluWlon 4 hued on Me 8113jeet bdnt anolean/bard by any reetltktlre ienllrt ond/or other deri wml Vitt to used ey Me star's bol,y pvpelM et rt fhtry wc1Y, t. The 81140ef npm*#*a propsrdy t►,h" 4 swan*t4f way. Than, since the subject pi.)" k Ad beer arud er uLrd Gr whets u t jiont a lamer psrre� but It to M I 9 H144-trgf, no detrtbnentol dansege to the Was of Me rtrmebrint eenap by AW ttMdnt 4 noted, IDosed on in inspecilort of k property, and the inrormedon and wWysis provkied In the following rcprrt, it Is our opinion that the market velar or the in simple la"t In the subject a of August 13, 1998 wts: , nm� Ite+,000, No one other then the undersigned are responable for the opinlm or oortdusioro Cam,hV reel I estate 11181 are set forth In this appraisal report However, some of the factual data included In this H18lysis was also contributed 6rough the effort or other members of the professional staff of Jackson Claborn, Inc. IWe st+Prcclate the opportunhy to be or service and uwl you wit, consider us qwr, roe future "1011104 ne AL If you Veve any questions regarding the eondwbrts or contents of ti,b report, piessa 000w our oaks, For(.irther Infornwion, your attention b directed b the utmhad appraw , report. IRe rvetfully Submitted, JACKSON CLADOM, INC. Ermst E. Oatewood, Ilt {favld Claborn, MAI I Tx-Ij 3SS•O TX•132139" Vice President• Commercial partner Eca/w abb Au chments Jr, J I 4 �je\ c 9 t , t, i I i a DRAFT EXCERPTED MINUTES PLANNINO AND ZONING COMMISSION January 13, 1999 The regular meeting of the Planning and Zoning Commisabm of the City of Denton, Texas was held on Wednesday, January 13, 1990,at 130 p m. In the City Council Chambers at City Han, 215 E, McKinney, Donlon,Texas: Present. Elizabeth Oourdie, Salty Riahel, Susan Apple, Jim Engelbracht, Rudy Moreno, end Bob Powell Absent Carol Ann Oanzer Present from Slaff. Mike Bucak, First Assistant City Attorney;David Hill, Director of Planning; Mark Donaldson Assistant Director of Planning; Wayne Rued, Planner I; David Salmon, Engineering Administrolor, end Trims Finney,Planner II The maeting was tailed to order at S JO p m. ^" 2, Consider making a recommendation to the City Council concerning the condemnation of land referred to In item Ca.and b. Commissioner Engelbrechl. At this time, I'd like lo reconvene into regular session of the Planning and Zoning Commissbn and welcome all of those M you hrrz joined us since we went info closed m"1109 AI thb time, we's lake up Hem 02 which is to consider mating a reaomm"ation to the City Council concerning V d condemnation of land referred to In Hem 1.a. and 1.b. Commissioners,I believe H would be appropriate to take"is one at a time, and I will first ask N there's anyone to the audience who would like to address Ham 1.b. This Is oondemnNbn of 1.619-act a tract 10 accommodate a street rightaf-way In the Odeon Walker Survey, Mr.Power That's 1 a, Isn't X, sir? Mr.RisheL One(a) Commissioner Engelbrecht. Yes; thatl 1.a. What'd I say? Mr. Pavell, One(b) Mr Rikhof.. You 684 1 b. Commissioner Engetbrecht I'm awry, I'm sorry, H's 1.a Yes; would you give us you, name amd business address, glaze Mr Footlik. You bet. My name Is Marc Foothill;. Susinns address Is 1000 West W odsor Ortve, Flower Mound, We are,I guess what you wouldd. . Commissioner Engelbrecht Excuse me, Excuse me Just a moment, Mr Sucek. I need to make a preliminary comment al(inaudible)of what we're going to discuss here As we look at this, the direction under the City Charter to the Planning and Zoning Commission Is a determination as to whathoi or not [his nyht-ol-way or this fond Is needed for the proper development and build-W of the city. It Is not a lime, however,to discuss valuation of the property or anything to that end, I Just didnY want you to accidentally slop into that area That was my rea.on for adding that, Thank you, Mr. Footlik Thank you Anyway. again, Marc Footlik. I guess I would be considered the appkAnt of this lr, condemnation proceedings, We submitted a package. I'm aura you've all seen that,and I'm really just here so you know I'm here to answer any questions that you may have regarding that application. So..., ( j Commissioner Engerbracht Commissioners, anyone have any questions of Mr,Faollik? AA right. Thank you, air. ✓j Is Ihere anyone else present who would kike to address this particular issue? That being the use, Commissionare, any comments or a motion? IO c u Pie"and Zonhg Commission Mkwbs Jenu"13,im Page 2 of 2 tws, Apple: Yd Ilk$to move that we reeommend to the City Cowell hu1 a pubk ms"Ry exists, and finding tlut the public wexue and convonhnoe requires tit ta"and 004ukbp of street rtpN4-way In 1.610 acres of WW In the Oldeon Worker Survey,Abstract 1330. Mr.Morena I'll second. i Commissioner Engetbrscht We moved and esoonded to reoommand tat a "Malty exists, Amy dhoussim on U*motion? M In favor, phase raise Owk right hand. Opposed. Motion arrive%a to a". Mr. RWW cast the nay volt. Cornolabner EnpalbrecN: The second elemerd of item 2 this awning, then,Is with regard to what was Wadi so t.b.on Ns,agenda. Thai's dlstxm eondemWlon of a 0.166-wo tract to scoommodate a street rlpht-of•wey and a 0.02•acre Vest to sommmodaie a temAxary oonebuollon and grading 66mowd h the Frisch Batson Sunny. Is Here anyone present who would Ake lo ;.take•sW meat wish regard to Nis ls"? If you would, pies INw uc your name and business address,,$n. Mr. P01110: My name Is Bretl Palligo with Caner and Surgeea, TW Elm Snook (lore. I'm We reprew0v 1111 applkON MOM"Mad 10 W you know we wen Aare to aRl m any ausetlems you may haw on this matter. Cammhsionef Engelbreft Commissioners, anyofN haw $my gwetims? Donn1 appar w. Thank you. Is there anyone 0"present wise would Ike Io address this paftAw law? Thai being the case, Commhslwws, have any oomnwts at a motion? Ms.Apple: I's mow that we recommend to fit City Covmca Ms,(a public rao" y exists and Mrairp OW the pubk waiters see eonwnhnos requires tit taking and awW4 of street!right-of-way In 0.166 we of land and Ma tskhg end &Nu"of tempgefy COMMA ion and gradtmg easement In 0.112 we of IerW, both treats In Ow Framclo Betwn Survey,Abstract 13. Mr.Morenol Second. Commissioner Engsk+rechl: It's ban moved and seconded to recommend to the City Coundl that a public nease ty exists. Any discussion on Uw motion? ,II In favor, phase rake your right hand. Motion carries unanimously, (6.0) r PA120113OW NOTES E wixedlt"doe 1 V i � r t � !n tl l 1 ORDINANCE NO. AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A STREET RIGHT-OF-WAY EASEMENT IN 1.619 ACRES OF LAND LOCATED IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1330, OWNED BY SHADY SHORES 1.35 JOINT VENTURE; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER 1S REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FROM THE PROPOSED LAKEVIEW BOULEVARD TO SHADY SHORES ROAD;AND DECLARING AN EFFECTIVE DAI E. WHEREAS, it is hereby determined that a public necessity exists and that public welfare f and convenience hereby require the acquisitio; of a street right-of-way easement in the hereinafter described land for the public purpose of constructing street improvements from the proposed Lakeview Boulevard to Shady Shores Road and that the City of Denton should acquire said property necessary for said purpose; and WHEREAS, the hereinafter described property h ••'ned by Shady Shores 1.35 Joint Ventures; NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, SECTION 1. That public necessity exists and public welfare and convenience require the acquisition of an one hundred twenty (120) foot wide street Hght•of--way easement in the hereinafter described land for 1Le public purpose mentioned below, SECTION II. That the City Manager or his designee is hereby authorized and directed to make an offer for the property to the owner of said hereinafter described property, based on Just compensation recommended by an independent appraisal prepared at the City Manager's direction. SECTION Ill. That in the event the offer as described in Section I] is refused by the owner of said property, the City Attorney is hereby authorized and directed to file the necessary condemnation proceedings or suit and take whatever action that may be nxessary against Shady Shores 1.35 Joint Venture to acquire a street right-of-way easement in 1.619 acres of land located in the Gideo+ Walker Suntiy, Abstract No. 1333, for the public purrsose of acquirng such property for the construction: of street improvements from the proposed Lakeview Boulevard to Shady Shores Road upon the land more particularly described as followu X, All that portion of land lyin; and being situated in the City of Denton, Denton Counbv, Texas, described in Exhibits "A" and "B" attached hereto and made a part hereof for all purposes, to which referemee Is here made for a more particular description. 12 i I SECTION IV. That if it should be aubsequenily determined that additional parties other than those named herein have an interest in said property, then In that event, the City Attorney is authorized and directed to Join said parties as Defendants in said condemnation, SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this tee, day of , 1999, SACK MILLER, MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORM: HERBERT L.PROUTY,CITY ATTORNEY BY: �7 ' V F 1s11&n&dap01,0L0vr Docum euKhd�nanceei4tbfeeenr eueei row erdinenct.doe {.���\ x r Page 2 13 I EXHIBIT "A" ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT No. 1330,CITY AND COUNTY OF DENTON, TEXAS, AND BEING THE SAME(CALLED) 1.619 ACRE TRACT OF LAND DESCRIBED IN A DEED TO SHADY SHORES I.35 JOINT VENTURE, RECORDED UNDER COUNTY CLERK'S FILE No. 95-ROO53704, REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS,BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID 1.619 ACRE TRACT, ALSO BEING THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO JOHN L TINNRELLO,RECORDED IN VOLUME 33639 PAGE 9299 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS,ON THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN A QUITCLAIM DEED TO THE CITY OF DENTON,RECORDED UNDER COUNTY CLERK'S FILE No. 93-110038485,OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS; THENCE SOUTH 14 DEGREES 38 MINUTES 30 SECONDS WEST WITH THE EAST LINE OF SAID 1.619 ACRE TRACT AND THE WEST LINE OF SAID TINNRELLO TRACT, A DISTANCE OF 539.49 FEET TO A CORNER AT THE BEGINNING OF A CURVE TO THE LEFT; THENCE WITH SAID CURVE TO THE LEFT,HAVING A CENTRAL ANGLE OF 01 DEGREE 25 MINUTES 05 SECONDS,A RADIUS OF 1017.00 FEET,AN ARC LENGTH OF 25.17 FEET, WITH A CHORD WHICH BEARS SOUTH IS DEGREES 21 MINUTES 03 SECONDS WEST A DISTANCE OF 29.17 FEET TO THE SOUTHEAST CORNER OF SAID 1.619 ACRE TRACT AT THE SOUTHWEST CORNER OF SAID TINNRELLO TRACT, ON THE NORTH RIGHT-OF-WAY OF SHADY SHORES ROAD; THENCE NORTH 90 DEGREES 14 MINUTES 13 SECONDS WEST WITH THE SOUTH LINE OF SAID 1.619 ACRE TRACT AND THE NORTH RIGHT-OF-WAY OF SHADY SHORES ROAD,A DISTANCE OF 120.83 FEET TO THE SOUTHWEST CORNER OF SAID 1.619 ACRE TRACT AND THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO ERNEST A. TINNRELLO, RECORDED IN VOLUME 3363, PAGE 925, OF THE REAL PROPERTY RECORDS OF DENTON COUNTY,TEXAS,AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCr WITH SAID CURVE TO THE RIGHT. HAVING A CENTRA 1, ANGLE OF 02 DEGREES 15 MINUTES 52 SECONDS,A RADIUS OF 597.00 FEET, AN ARC LENGTH OF 35.45 FEET,WITH A CHORD WHICH BEARS NOR'I H 15 DEGREES 46 MINUTES , 26 SECONDS EAST A DISTANCE 01'35.45 FEET TO A CORNER; 14 s, EXHIBIT "A" (cont.) THENCE NORTH 14 DEGREES 36 MINUTES 30 SECONDS EAST WITH THE WEST LINE OF SAID 1.619 ACRE TRACT AND THE EAST LINE OF SAID ERNEST A. TINNRELLO TRACT, A DISTANCE OF$73.69 FEET TO THE NORTHWEST CORNER OF SAID 1.619 ACRE TRACT AND THE NORTHEAST CORNER OF SAID ERNEST A. TINNRELLO TRACT,ON THE SOUTH LINE OF SAID CITY OF DENTON TRACT AT THE BEGINNING OF A CURVE TO THE RIGHTI THENCE WITH SAID CURVE TO THE R1GHT9 HAVING A CENTRAL ANGLE OF 04 DEGREES 57 MINUTES 23 SECONDS, A RADIUS OF 1442.93 FEET,AN ARC LENGTH OF 124.12 FE:ET9 WITH A CHORD WHICH BEARS SOUTH 59 DEGREES 27 MINUTES 06 SECONDS EAST A DISTANCE OF 124.71 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 70,547.10 SQUARE FEET OR 1.619 ACRES OF LAND. i i i / I ...1 A.. cl Y 1� c I` DEW DL4 ?LAY " EXNi 6 rr 1 ce�� 'o er«n ••LIP 873'r 3I•E � •41. ,78'E IV E oe•E AMC. t• 1 �' �•� 3 j rM • oo ON - ---- j �aw49058.w . I i (30liDWIP11 EcaN+.I' • 200' tn«I �1 Dole AUG 19 j o6t Job No.I " t amp W4 Wnm Nw�lf►IrMM O}IOQ, T.J.M. 1 I ' 16 t. AGENDA INFORMATION SHEET 01(1 4 AGENDA DATEt March 2, 1999 DEPARTMENTt Engineering&Transportation CMIDC111/ACM: Rick Svebla,Deputy City Manager SUBJECT: CONSIDER AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF DENTON WITH THE PRESERVE OF PECAN CREEK PARTNERS PROVIDING FOR THE PAYMENT OF THE COST OF CONDEMNATION FOR CONSTRUCTION OF STREET IMPROVEMENTS FROM THE PROPOSED LAKEVIEW BOULEVARD TO SHADY SHORES ROAD, BACKGROUND: Marc Footlic,representative of the Preserve at Pecan Creek Partners,has asked that the City of Ucnton exercise the power of eminent domain to obtain the parcels necessary to construct the connection of the proposed Lakeview Boulevard to Shady Shores Road. The contract will insure that tt,u developer bears the total cost associated with the proposed subdivision. PRIOR ACTIONIREVIEW (Council.Boards.Commisslon11 Approved by Planning &Zoning Co:mnission on January 13, 1998. FISCAL INFORMATIGIN All acquisition costs to be home by developer. b1Ap Attached Respectfully submitted: Je ark, Di for Prepared by: En ring& Transportation Paul Williamson,Right-of-Way Agent 1 CI C+ I i 1 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT ON BEHALF OF THE CITY OF DENTON WITH THE PRESERVE OF PECAN CREEK PARTNERS PROVIDING FOR THE PAYMENT OF THE COST OF CONDEMNATION FOR CONSTRUCTION OF STREET IMPROVEMENTS FROM THE PROPOSED LAKEVIEW BOULEVARD TO SHADY SHORES ROAD. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION t. That the City Manager is hereby authorized to execute an Agreement on behalf of the City of Denton with The Preserve of Pecan Creek Partners,substantially in the form of the attached Agreement which is incorporates bsrein for all purposes, providing for the payment of the costs of condemnation of certain property to allow construction of street improvements from the proposed Lakeview Boulevard to Shady Shores Road. SECTION IL That the City Manager Is authorized to make the expenditure or funds as provided in the attached Agreement. SECTION 111. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of , 1999. JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEOAL FORM: HERBERT L.PROUTY, CITY ATTORNEY BY: � 1� s 1 MMM1Gld 4,rsPOw swRwn,N�AMw,Y 2 l i THE STATE OF TEXAS § AGREEMENT BETWEEN THE CITY OF DENTON AND THE PRESERVE OF PECAN CREEK PARTNERS, AND PROVIDING FOR THE PAYMENT OF COUNTY OF DENTON § THE COST OF CONDEMNATION WHEREAS, The Preserve of Pecan Creek Partners, with its offices at 4000 West Windsor Drive, Flower Mound, Texas 7$028, desires the City of Denton to promote safe vehicular traffic movement, compliance with subdivision regulation and economic development by allowing the development of The Preserve at Pecan Creek by allowing the construction of street improvements from the proposed Lakeview Boulevard to Shady Shores Road, and WHEREAS, pursuant to Section 211.002 Tex. Loc. Gov't Code, the City of Denton has adofted Sw, 3445 of the Subdivision Rules and Regulations, Chapter 34 of the Denton City code to require developers to construct extensions to city streets adjacent to the proposed developments; and WHEREAS, Article 3, Section 52-a of the Texas Constitution and Section 380.001, Tex. Loc, Govt. Code provide the promotion of economic development Is a public purpose;and Section 251.001 Tex. Loc Govt. Code provides Public Safety is a public purpose;and WHEREAS, The Preserve of Pecan Creek Partners will provide for and pay the cost of all street easements necessary to provide street improvements from the Preserve development from the proposed Lakeview Boulevard to Shady Shores Road if the City will negotiate and purchase such casements and facilities; and WHEREAS, The Preserve at Pecan Crak Partners has been unable to purchase at fair market value the street easements necessary to provide for the oft-site street facilities required to be made; and N;AIEREAS, The Prtscrve at Pecan Creek Partners has requested, in accordance with the State law, that the City use its power of eminent domain to obtain the off-site street casements so that the required street improvements maybe completed; and i WHEREAS, the condemnation of the land for off-site street improvement would be in the public Inlcrest and for it public purpose;NOW,THEREFORE, WITNBSSE H: This agrccmcnt made this day of , 19,_4 by and between The Preserve at Pecan Crock Partners ("The Preserve'), and the City of Denton, Texas ("City'), in fr' comideration of the mutual covenants and promises of each,agree as follows: (� f. Attorney's Strvlees, The City Attorney, with the approval of The Preserve shall retain local counsel to provide the legal services to Institute and pursue proceedings In eminent domain to acquirt off-site street easements to allow for the construction of street Improvements by The Preserve to provide streets from the Preserve to Shady Shores Road. The land to be acquired 3 for the street easements are described in Exhibit "A" and Exhibit "W' attached hereto and incorporated by reference. The City Attorney shall assist local counsel in preparing all petitions, motions, notices, and other legal documents necessary to initiate and prosecute condemnation proceedings. 11. Payment of Condemnation Costs by The Preserve. All filing fees and courts costs, appraiser, expert witness and focal counsel fees, condemnation awards, recording fees, or other cost or fees resulting from the condemnation shall be paid by The Preserve, except as otherwise provided for herein. 111. Payment of AcQulsition Cost by The Preserve. The Preserve agrees that it will pay the award for the condemnation made either by the Special Commissioners, or on appeal, by judgment of the court, Should the condemnation case be non-suitod or dismissed at The Preserve's request, at any time prior to the entering of ajudgment in this matter, The Preserve agrees to pay any costs assessed by the court against City including, but not limited to, attorney and expert witness fees of the condemnee. IV. Appeal of Com Isslone 's Award. If,by reason of the amount of the award made, The Preserve is obligated to pay in satisfaction of the award any amount in excess of market value for the access easements, then The Preserve may request, in writing within ten days of said award, that City appeal the award made. Upon such request and the City's determination that the award was excessive, the City may, in fulfillment of its sovereignly duties and obligations within its sole discretion, authorize an appeal of the award, If, aner The Preserve requests such appeal, City appeals the award made, The Preserve shall pay all costs of such appeal. Upon final judgment of such appeal,The Preserve shall pay the judgment of the appellant court, if City shouid appeal such award in the absence of such request by The Prescrve, Th., Preserve shall not be liable to City for the cost of such appeal or the amount of any judgntoad resulting from the appeal in excess of the trial court's judgment. V. hold Harmless. The Preserve agrees that the acquisition of land provided for in this agreement is for the sole purpose of allowing The Preserve and neighboring property owners to complete necessary off-site access improvements for the public purpose of promoting safe vehicular traffic movement,compliance with subdivision rules and regulation and economic development by allowing access from the tract owned by the Preserve to Shady Shores Road. The Preserve agrees to hold the City harmicss from, and shall indemnify City for, any claim, loss or damage arising or resulting from any act of The Preserve, its agents, employees, contractors, or representatives, In acquiring right-of-way and constructing said improvements. The Preserve further agrees that it shall not make any claim against City, or hold City liable, for any foss or damage suffered or incurred by The Preserve as a result of any interruption or delay In condemning or acquiring any profcrty necessary for The Preserve to complete any required offsite access improvements resuiting from any legal challenge to the right of City to condemn the land specified In this ! agreement, or any other delay which results from any cause not within the reasonable control of ' A city. ' , Vi. Enure AQ eer meat This instrument contains the entire agreement between the parties, and no statement,promise,or inducements made by any party or agent of any party that Is not contained in this written contract shall be valid or binding, and this agreement may not be enlarged, modified,or altered except In writing signed by all the patties and endorsed hereon. PAGE 4 Vll. Veaue. Any action at taw,suit in oquiry orjudicial procetdhig for the enforcement of this contract or any provision thereof shall be instituted only in the courts of Denton County, Texas. VIII. An WImSg It is agreed by the parties that there will be no assignment of this agreement without the written consent to all other parties. EXECUTED on the date first above written. CITY OF DENTON,TEXAS MICHAEL W. JEZ,CITY MANAGER ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L.PROUTYt CITY ATTORNEY BY: THE PRESERVE AT PECAN CREEK PARTNERS 1 ATTEST: I mmlmlMR1IB ' ,.„Q",MUM Iaf ' PAGB3 t t• EXHIBIT "A" ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT No. 1330,CITY AND COUNTY OF DENTON,TEXAS,AND BEING THE SAME (CAVLED) 1.619 ACRE TRACT OF LAND DESCRIBED IN A DEED TO SHADY SHORES 1.35 JOINT VENTURE, RECORDED UNDER COUNTY CLERK'S FILE No. 95-R0053704,REAL PROPERTY RECORDS OF DENTON COUNTY,TEXAS, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: i BEGINNING AT THE NORTHEAST CORNER OF SAID 1.619 ACRE TRACT,ALSO BEING THE NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO JOHN L TINNRELLO, RECORDED IN VOLUME 3363,PAGE 929,OF THE REAL PROPERTY RECORDS OF DENTON COUNTY,TEXAS,ON THE SOUTH LINE OF A TRACT OF LAND DESCRIBED IN A QUITCLAIM DEED TO THE CITY OF DENTON, RECORDED UNDER COUNTY CLERK'S FILE No. 93-80058485,OF THE REAL PROPERTY RECORDS OF DENTON COUNTY,TEXAS; THENCE SOUTH 14 DEGREES 38 MINUTES 30 SECONDS WEST WITH THE EAST LINE OF SAID 1.619 ACRE TRACT AND THE WEST LINE OF SAID TINNRELLO TRACT, A DISTANCE OF $39.49 FEET TO A CORNER AT THE BEGINNING OF A CURVE TO THE LEFT; THENCE WITH SAID CURVE TO THE LEFT,HAVING A CENTRAL ANGLE OF 01 DEGREE 25 MINUTES 05 SECONDS,A RADIUS OF 1017.00 FEET,AN ARC LENGTH OF 25.17 FEET,WITH A CHORD WHICH BEARS SOUTH 15 DEGREES 21 MINUTES 03 SECONDS WEST A DISTANCE OF 25.17 FEET TO THE SOUTHEAST CORNER CF SAID 1.619 ACRE TRACT AT THE SOUTHWEST CORNER OF SAH) TINNRELLO TRACT,ON THE NORTH RIGHT-OF-WAY OF SHADY SHORES ROAD; THENCE NORTH 80 DEGREES 14 MINUTES 13 SECONDS WEST WITH THE SOUTH LINE OF SAID 1.619 ACRE TRACT AND THE NORTH RIGHT-OF-WAY OF SHADY SHORES ROAD,A DISTANCE OF 120.83 FEET TO THE SOUTHWEST CORNER OF SAID 1.619 ACRE TRACT AND THE SOUTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO ERNEST A.TINNRELLO, RECORDED IN VOLUME 33639 PAGE 925,OF THE REAL PROPERTY RECORDS OF DENTON COUNTY,TEXAS,AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE WITH SAID CURVE TO THE RIGHT. HAVING A CENTRAL ANGLE OF 02 DEGREES 15 MINUTES 52 SECONDS, A RADIUS OF 897.00 FEET,AN ARC LENGTH OF 35.45 FEET, WITH A CHORD WHICH 1 CARS NORTH 15 DEGREES 46 MINUI ES 26 SECONI)S EAST A DISTANCE OF 35.45 FEET TO A CORNER; 6 L (7 EXIIISIT"A" (cont.) THENCE NORTH 14 DEGREES 38 MINUTES 30 SECONDS EAST WITH THE WEST LINE OF SAID 1.619 ACRE TRACT AND THE EAST LINE OF SAN ERNEST A. TINNRELLO TRACT,A DISTANCE OF$73.69 FEET TO THE NORTHWEST CORNER OF SAID 1.619 ACRE TRACT AND THE NORTHEAST CORNER OF SAID ERNEST A. TINNRELLO TRACT, ON THE SOUTH LINE OF SAID CITY OF DENTON TRACT AT THE BEGINNING OF A CURVE TO THE RIGHTi THENCE WITH SAID CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 04 DEGREES 57 MINUTES 33 SECONDSt A RADIUS OF 1442.93 FEET,AN ARC LENGTH OF 124.82 FEET*WITH A CHORD WHICH BEARS SOUTH 59 DEGREES 27 MINUTES 06 SECONDS EAST A DISTANCE OF 124.78 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 70,547.80 SQUARE FEET OR 1.619 ACRES OF LAND. , 1 i ` 1 I DEED DISPLAY � I ag roE..33. B73.36'31'E t.a�% .er 3��'7 ,92•E 117.E9' } .7�' • 144171 p. 4. rf 4 'OE'E AC, look so 1A im�. . lot !,1'�1-30'M Fool - If oil 30-r Im'Ma 0011 GOOMMI UL I Dah l oMtrwrw-r+rwrr- w►w Job No. I 9602 Now IYM= o}}aQl T.J.M. ' r 8 I I r i I �eaaea ilia AGENDA INFORMATION SHEET Ddo z AGENDA DATE: March 2, 1999 DEPARTMENT: Engineering&Transportation CM/DCM/ACM: Rick Svehia, Deputy City Manager SUBJECT, CONSIDER AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A STREET RIGHT-OF-WAY EASEMENT IN 0.165 ACRE AND A TEMPORARY CONSTRUCTION AND GRADING EASEMENT IN 0,412 ACRE OF LAND LOCATED IN THE FRANCIS BATSON SURVEY, ABSTRACT NO. 43,OWNED BY NORMA AND D. GENE GAMBLE; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR WESTWARD DRIVE; AND DECLARING AN EFFECTIVE DATE. BACKGROUND: The attached plats illustrate the tracts necessary for construction of the proposed section of Westward Drive to the existing section of Westward Drive that was built in 1989, in association with the Westgate H.ighls, Phase I subdivision. Ryland Homes representative, Brad Shelton of Bob Shelton Enterprises, Inc. has asked that the City of Denton exercise the power of eminent domain to obtain the parcels. A contract will be used to insure that the developers bears all cost ofcondemnatinn The public improvements required by the City of Denton for the pending Windsor Ridge Estates subdivision compels the developer, in this case Ryland Homes, to build the a minimum street section for Westward Drive. The Denton Mobility Plan, as did the previous Collector Street Plan requires construction of a collector street at that location. In order for the street section to be Installed as required,additional right-of-way is necessary. I have attempted to facilitate the dialogue between the two property owners to find some common ground. Mr. and Mrs.Gamble, Brad Shelton, Bret Pedigo(Shelton's engineer)and I met on December 8, 1998 and discussed all of the parameters Involved. Another meeting was held on January l3, 1999 with the Gambles to further discuss the proposal, It appears that that there are numerous issues to be reconciled and progress has stalled. Mr. Shelton,on behalf of Ryland r Homes, has asked for assistance from the City to allow the Win sor Ridge Estates subdivision to A proceed. RECOMMENDATION1 staff endorses the acquisitions necessary to construct the minimum requirements for Westward Drive,as per current City of Denton Subd41slon Regulations. i PRIOR ACTIONIREVIEW(Couoelll,Hoards.Commisslonsl Approved by Planning &Zoning Commission on January 1J, 1999. FISCAL INFORMATION All acquisition costa to be borne by developer. dAe Attached Respectfully submitted; JJe C ark,b ector Prepared by: En eying 8 Transportation Paul Williamson, Right-of-Way Agent • i i w r\ c t 1 t •. c, L i i W a CD F-- tn I1J � N — WINDSOR DR. _J W a a � SITE m Q o z m �- a J z UNIVERSITY DR. EMERY ORD R C N O W �- w d N oz� ro : szo •z8. o too, am, aoo' m woKK.A 2dTEMPOKPim , CdJ6TRVOTIDN 4 B RI6HT•OP•WI1Y 60 wom tAblM[NT L I LIM pM ICO►L yOO�fMtpC�KK. Of MUNWItT GMIIfI�I ryKCGANA IN PLAT,t. h M MWW 9li w plt i i� / l �Q/Mp 0.0&CA ICUq � 1 N{OALGL r o aaoa LAW ■ IOLIDINI`_- . i eOS N ■ sae•. • � � A `• "*` EXHIBIT A KIr RIGHT-DP-�IN�AyIY�%?*ACVANAflON Y` �h X11 ► MflOM ILAI�KRII�NI}R.IC1 M6 17 CITY W 4 c� I DRAFT EXCERPTED MINUTES PLANNING AND ZONING COMMISSION January 13,19x9 The regular meeting of the Planning end Zoning Commission of the City of Denton. Taxes was held on Wednesday, January 19, 1099,M 5 90 r.m. In the Cep ColAdl Chambers at City Hell, 213 E. MclGnnaf, Denton, Texas: Present: Elizabeth Oourdle, Softy Rishel, Susan Apple, Jim Engeibracht, Rudy Mareno, and Bob Powell Absent Carol Ann Genzer Present from Staff: Mike Buoek, First Assistant City Ati David Hill, Director of Planning; Mark Donaldson Assistant Director of Planning; Wayne Rood, Planner I; David Salmon, Engineering Administrator;and Trine Finnay, Planner II The meeting was salted to order at 3:00µm. 2. Conalder making a recommendation to the City Council concerning the condemnation of land referred to in Item 1.e,, and b. Commissioner EngelbrecK At We time, I'd like to reweivens into regular ::_son of the Planning and Zoning Commission and welcome ell of those 1 you Mw pined us it" we went Into closed misting. At this time, w@I take up Kam 02 which le to consider meking a reoommendown to tM City Council concerning the condemnation of land referred Ia In Ram t a and f.b. Commissioners, I balleve R would be appropriate to take these one at a time, end I wit fine ask 1 there's anyone in the audience who would like to address Rem 1.b. This Is condemnation of I$19-ape trod to accommodate a street right-or-way in the Oldeon Welker Survey Mr. Powers: Thal's 1.e,, 1 "11, sir? Me. Rishel: One(a). Commissioner Engsibrecht. Yee; that's 1.a What'd I say? Me, Powell: One(b) Mr. Risher You said f b. Commhsoner Engetbrechl: f'm sorry. I'm Sorry. It's 1.e,. Yea, would you give us your name and business address, pleass. Mr. Foollik: You bel. My name Is Marc Footlik. Business address Is 1000 West Windsor Drive, Flower Mound We era, I guess what you would,.., Commissioner Engelbrecht Excuse me E,euse me Just a moment. Mr, Bucek I need to make a pfs4minery comment about (mdud%)of what we're going to discuss here, As we kook al this, the diteclion under the City Charter to the Planning and Zoning Commission Is a detarnunalba as to whether or not this right-of-way or this tend Is needed for the proper development and bund-out of the". M Is not e time, however, to discuss veluatlon of the property or anything to that and I Just ddmi want you to accidentally step Into that area, That was my reason for adding Nat. Thank you. Mr. Footlik: Thank you Anyway, again, Marc Footlik, I guess I would be considered the applicant of this r 00ndflrr n Procaadings. We Submitted a package, I'm sure you've aM seen Nat, and I'm reaty just Mrs to you ti know I'm here to answer any Questions that you may hove regarding Ihst appRCallon. So.... Commissioner Vngelbr@cht: 00mmilli0nere, anyone have any Questions of Mr. Food k? AM right. Thank you, sk. Is there anyone 8168 peasant who would Ilk@ to address this particular Issue? Thal being the rase.Comm16sionere, any comments or a motion? S u I Plane"and Toning Commission Meats January 17, 1999 Pape 2 of 2 2 Ms. Apple: I'd 11ke to move that we r000mmend fo the City CouncM that a pubic necessity exists, and&Wing that the public welfare and oonvanien a requires the taking and acqukkg of street right44 y In 1.819 was of land in that Gideon Walker Survey,Abstract 1330. Mr,Moreno: I'M second. Commissions Engsbrechk N's moved and seconded to recommend that a necessity exist. Any diswulw on the motion? AM In favor, ploaes raloe their rk;ht head. Opposed. Mallon carafes Ave 10 0rw. Irk. RWW pet the may vote. Commluloner EngebrocK The e4cand elomerd of seem 21hk evening,than,is with»pant to what was law as 11.on the spuds, flat's dkause oondemnelbrl of s 0.1084ae trad to wcorrxnodote s stroei eqg of-way and a 0.412•sae trod to s000mmodat a temporary Construction and prsq easement In the Frsrr*Bohan Survey. Is there anyone present who would Mks to make a Memo.ant with regard to this loses? If you would,please 9Iw us your name and business sdc'vess, err. Mr, POO! My name is Brett P* t90 with Carter and Burgess, 1980 Elm Brook CrW. I'm here repreeeMkq the applicant and Jest wanted to let you know we were hen b answer any questions you may have w this malty. Commisakrnr Engebnohl: Commksfaara, anyone have any 40WIWI? Ooesnl appear so. Thank you. Is there anyone also present who wouM Mks to eddnu this pat curer Isew? That bekq the pas, Commkghmrs, have any comments or a mow? Me.Apple I'll mow MM we,*ooh to N City Council that a public necessity 491016 and lid 19 Mat the public weltsn and oonvenle"requires do taking and o"ukyq of stew rlphl-cf4"in 0.106 we of lend ,red M bbkN and ecqukkq Of temporary DwMnalbn and pradkq "oemsnt In 0,412 we of lend, both tracts in 801 Franco Baton Survey,Abstred 43. I Mr.Moreno. Stoond, Commissioner En9ebwA N's been moved and seow4od to moornm" Io the CMy Conxnc4 that a Public necessity exist. Any discussion on the mOMon? AN in favor, plops rake your right hand. Motion pates unanlmousy. IS•0) PV20113OANUTE$-Exeerytdltam2 do* t I i _ I err � i ' r d 1 i I(r I 4 ORDINANCE NO. j AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A STREET RIGHT-OF•WAY EASEMENT IN 0.165 ACRES AND A TEMPORARY CONSTRUCTION AND GRADING EASEMENT IN 0.412 ACRE OF LAND LOCATED IN THE FRANCIS BATSON SURVEY, ABSTRACT NO. 43, OWNED BY NORMA AND D. GENE GAMBLE; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED,AUTHORIZING THE CITY ATTOPNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FOR WESTWARD DRIVE: AND DECLARING AN EFFECTIVE DATE. WHEREAS, it Is hereby determined that a public necessity exists and that public welfare and convenience hereby require the acquisition of a street right-of-way easement in the hereinafter described land for the public purpose of constructing street improvements for Westward Drive and that the City of Denton should acquire said property necessary for said purpose;and WHEREAS, the Hereinafter described properly is owned by Norma and Oene Gamble; NOW,THEREFORE, THE COUNCIL OF THE C.fY OF DENTON HEREBY ORDAINS: I 5j(7-U NJ, That public necessity exists and public welfare and convenience require the acquisition of a eight(8) foot wide street right-of-way easement in the hereinafter described land as set in Exhibit "A" and a temporary construction and grading easement of twenty (20) feet In the hereinafter described land as set in Exhibit"B"for the public purpose mentioned below. SECT14lLIL That the City Manager or his designee is hereby authorized and directed to Make an offer for the properly to the owner of said hereinafter described property,based on just compensation recommended by an independent appraisal prepared at the City Manager's direction. SLCTION III• That in the event the offer as described in Section 11 is refused by the i ow ncr of said property, the City Attorney is hereby authorized and directed to file the necessary condemnation proceedings or cult and take whatever action that may be necessary against Norma and D. Gene Gamble to acquire a street right-of-way easement in 0.165 acre of I and a temporary +, construction and grading easement In 0.412 acre of land located in the Francis Batson Survey, Abstract No. 43 for the public purpose of acquiring such properly for the construction of street ! t improvements on Westward Drive the land more particularly described as follows: All that portion of land lying and being situated in the City of Denton, Denton County, Texas, duscrihed in Exhibits"A•l" and "A•2" (street right of way)and Exhibits"A-Y'and"A•4" I r U I j (temporary construction and grading easement) attached hereto and made a part hereof for all purposes,to which reference Is here made for a more particular description. SECTION IV. That if it should be subsequently determined that additional parties other than those named herein heve an interest In said property,then in that event, the City Attorney Is authorized and directed to Join said parties as Defendants In said condemnation. SECTION V. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of., 1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LrOAL FORM: HERBERT L. PRUUTY, CITY ATTORNEY Orr G e F,iihned?depilOLWur Dmrmn404ineneee�9MWU1went dove mml Mw ordinena doe Page 2 e l r u I EXHIBIT"A -I' LEGAL DESCRIPTION RIGHT-OF-WAY CONDEMNATION BEING A 0.165 ACRE TRACT OF LAND SITUATED IN THE F.BATSON SURVEY,ABSTRACT NO.43.CITY OF DENTON, DENTON COUNTY,TEXAS AND BEING A PART OF THAT TRACT OF LAND DESCRIBED IN DEED TO GENE D.GAMBLE,at ux RECORDED IN VOLUME 674, PAGE 466, OF THE DEED RECORDS OF DENTON COUNTY,TEXAS.(D.R.D.C.T.) BEARING BASIS FOR THIS SURVEY 1S THE NORTH LINE OF THE SAID MILARY CORP.TRACT. SAID 0.163 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8"IRON ROD FOUND FOR A SOUTHWEST INNER ELL CORNER OF THE SAID MILARY CORP.TRACT AND BEING ON THE NORTH LINE OF THE SAID GENE D. GAMBLE TRACT: THENCE S 02505'33"W,ALONG THE COMMON LINE OF THE GENE D.GAMBLE TRACT AND THE MILARY CORP.TRACT,A DISTANCE OF 8.00 FEET TO A 5/8"IRON ROD CAPPED "CARTER& BURGESS"SET; THENCE N 87.25'01"W.OVER AND ACROSS THE SAID GENE D.GAMBLE TRACT,A DISTANCE OF 898.03 FEET TO A 5/8"IRON ROD CAPPED"CARTER&BURGESS"SET,ON THE WEST LINE OF THE SAID GENE D.GMIBLE TRACT AND BEING ON THE EAST LINE OF THE WESTGATE HEIGHTS PHASE I AND RECORDED IN CABINET E, PAGE 78 OF 1VE PLAT RECORDS OF DENTON COUNTY,TEXAS; THENCE N 02'25'03"E,ALONG THE COMMON LINE OF THE WESTGATE HEIGHTS AND THE GENE D.GAMBLE TRACT,A DISTANCE OF 8.00 FEET TO A 5/8" IRON ROD CAPPED "CARTER& BURGESS"SET FOR THE SOUTHWEST CORNER OF THE SAID MILARY CORP. TRACT; THENCE S 87'25'01"E,ALONG THE SOUTH LINE OF THE SAID MILARY CORP. TRACT A , DISTANCE OF 898.01 FEET TO THE POINT OF BEGINNING, WITH A COMPUTED AREA OF 7184 SQUARE FEET,0.165 ACRRS OF LAND MORE OR LESS. A PLAT OF EVEN SURVEY DATE HEREWITH ACCOMPANIES THIS LEGAL. COMPILED FROM FIFLD TIES AND RECORD DATA BY CARTER& BURGESS,INC., OCTOBER 19, 1998? ED.L. 9ALLIAMS OF : RED PROFESSIONAL LAND SURVEYOR TO CAS REGISTRATION NO,4811 ( � ,b 60 *011 #$o1/. of, - i [: SLM9820580IZDATAT58EX005 FNS X18 PAGE I OF 2 9 s• rf az•: . • � � N 02823.0 z S 02.07.290 v a� � rf DtaroD• w `1 0' 100' 200• 300• n rROrafCO LOOK-OUT lAN[ ' I i MORk 1. A LICAL DCfa"r IMK O+ CVtN W KY OAR ACDar WS 1w1 rhAL Kn� f0 iM[ D[[oSIAN O Mly"e�MRt R"M�ltl r.11.a ai. Q z , un " o"0fi KID c"ca�f4 w"v uwi"ii`�'�A� 4w Daoct Sp m P Y ,q d MOM 2 OYfRLOOK wa c� m rr►s�• � "i �ROr09Cr .-.. N s to f • � p � Kai ww,tr e.ti N 4M EXHIBIT "A-2 sta «r� •w RtCHT-OF-WAY CONDEMNATION MOW" a" or KN?ft WON COA IV. TEXAS 10 C' l; EXHIBIT"A •3" TEMPORARY CONSTRUCTION AND GRADING EASEMENT BEING A 0.412 ACRE TRACT OF LAND SITUATED IN THE F.EASTON SURVEY,ABSTRACT NUMBER 43,CITY OF DENTON,DENTON COUNTY,TEXAS AND BEING A PART OF A TRACT OF LAND DEEDED TO D.GENE GAMBLE AND RECORDED IN VOLUME 674,PAGE 466 OF THE DEED RECORDS OF DENTON COUNTY,TEXAS(D.R.D.C,T.). BEARING OF BASIS FOR THIS SURVEY 1S THE NORTH LINE OF A TACT OF LAND DEEDED TO MILARY CORP. RECORDED IN VOLUME 2806,PAGE 310 D.R.D.C.T.,HAVING A RECORD BEARING OF S 87'40'33" E,AND A RECORD DISTANCE OF 1058.51 FEET.SAID 0.412 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS, COMMENCING AT A 518'IRON ROD FOUND FOR A NORTHEAST CORNER OF SAID D. GENE GAMBLE TRACT AND BEING AN INTERIOR ELL CORNER OF THE SAID MMARY CORP.TRACT; THENCE S 02.05'38"W,WITH THE MOST NORTHERLY EAST LINE OF SAID D.GENE GAMBLE TRACT, SAME BEING THE MOST SOUTHERLY WEST LINE OF SAID MILARY TRACT A DISTANCE OF 8.00 FEET TO THE POINT OF BEGINNING; THENCE S 02605'38"W,CONTINUING WITH SAID COMMON LINE A DISTANCE OF 20.00 FEET TO A POINT; 77:SNCE N 87125'02" W, LEAVING SAID COMMON LINE,OVER AND ACROSS SAID D, GENE GAMBLE TRACT A DISTANCE OF 99836 6 FEET TO A POINT IN THE WEST LINE OF SAID D.GENE GAMBLE TRACT, SAME BEING THE EAST LINE OF WESTGATE HEIGHTS Pltei.G I,AN ADDITION TO THE CITY OF DENTON AND RECORDED IN CABINET E,PAGE 77 D.R.D.O.T.; THENCE N 02425'03"E,WITH SAID COMMON LINE A DISTANCE OF 20.00 FEET; THENCE S 87025'01" E,PARALLEL WITH AND 8.00 FOOT SOUTH OF THE NORTH LINE OF SAID D.GENE GAMBLE TRACT A DISTANCE OF 898.05 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.412 ACRES OF LAND MORE OR LESS. A PLAT OF EVEN SURVEY DATE IS ATTACHED TO THIS METES AND BOUNDS DESCRIPTION. COMPILED FROM FIELD TIES AND RECORD DATA ON JANUARY 11, 1998 BY CARTER AND BURGESS 1OHNNY D.L. WILLLAMS RE( iSTERED PROFESSIONAL LAND SURVEYOR oil 444661 •46444 "' TE'%AS REGISTRATION NUMBER NO.4116 1 HN�W DL� ,l 4616 WEIOF2 ' p 30\912080IMAMO M06,FN1 November 10,1991 11 1l c+ �• WEST OLOc1t t PHASE EIGHTS L3 AB. E, PG. 77 14 t s D.R.D.C,T. 7 *, to LINE BEARING DISTANCE is 1s 1:4 is 1s 11 10 1 L1 S 02.05'38' W 8.00' L2 S 02.05'38' W 20.00' L3 IN 02.25'03' E 20,00' LOOK■OUT LANE 14 is 11 "1 1 a 11 t0 s P OPOSED DEVELOPMENT MILARY CORP. I D.GENE GAMBLE = VOL. 2806, PG. 310 VOL. 674, PG, 466 17 16 11 D.R.D,C.T. D.R,D,CJ. n u OVERLOOK LANE � r 'tt C 14 11 y 11 10 huh Mu• • 1``•1 Amn O eS� ' a ♦1 i JG ., i! tYP� ,.. .• .. f8 1,.11 is 10 17 10 10 10 11 u is 14 its llJ1Y� 0.412 ACRES �5 SOUTHWAY at " IO 10 17 f1 If 14 13 Is 11 LCLLd11: R[C��p t ) VOLl1Mt NN!r.h9A I�IN WSTANCC C.I,R.s, TE ►OIROSO u u 'CARTER VCSSET ri 7 u s0 10 11 11 IRr IRON�RQ0a FOUND pp�� a.R.ac.r. 0EN CEOUNI'alf TnAs L 1 r.0.=. POINT Or WINNING �7r O� f� p, Or C. NORTNWAY N.T.l NOT TO SCALE u 5/e' IRP Is Is 14 Is 1S 11 10 1 NoTEt 1. LiftEEVSERIPT19�1 �1 tVEN DATE n AttACN[0 MILARY CORP. s. A Iy0 S Offycss q E VOL, 2806, PG. 311 'w 1) �°'�YTd"Aecif3�fl D,RD.C.T. E N0L0\101L40t\ORAWSO[tt00lsV0 i A• r DAM a.t1•w E� HIBIT so 4* y' \ r SHEET w" • to TEMPORA Y %:ON TRUCTI0 `► AIM• AN') 1 RAOINO EASEMENT PAW Jro a out of +1tE 2 or F. $ASTON SUR r TRAcr No. 41 Z 0400 M AMR R CITY OF UNION, bbift CWJ 1Z i c, i� 0 AP AGENDA INFORMATION SHEET AGENDA DATE: March 2, 1999 DEPARTMENT: Englaeetlag& Transportation CM/DCMIACM: Rick Svebls,Deputy City Msnsger SUBJECT: CONSIDER AN ORDWAN04 AUTHORIZING THE CITY MANAGER TO EXECUTE AND AGREEMENT ON BFdALF OF THE CITY OF DENTON WITH R.H. OF TEXAS, LTD, PARTNERSHIP PROVIDING FOR THE PAYMENT OF THE COST OF CONDEMNATION TO CONSTRUCT STREET IMPROVEMENTS FOR WESTWARD DRIVE, BACKGROUND: Ryland Homes representative,Brad Shelton of Bob Shelton Enterprises,Inc. has asked that the City of Denton exercise the power of eminent domain to obtain the parcels necessary to construct a minimal street section for Westward Drive, The contract will Insure that the developer bears the total cost associated with the proposed subdivision. PRIOR ACTIONlREVIF.W(Council.Boards.Commissional None )FISCAL INFORMATION All acquisition costs to be borne by developer. I !!IAC Attached I Respectfully submitted: j terry k,Dir clor Prepared by: Engi ring& 'ranspottation Paul Williamson, Right-of-Way Agent t 1 r a ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN A 63REEMENT ON BEHALF OF THE CITY OF DENTON WITH R.H. OF TEXAS, LTD. PARTNERSHIP PROVIDING FOR THE PAYMENT OF THE COST OF CONDEMNATION TO CONSTRUCT STREET IMPROVEMENTS FOR'NFSTWARD DRIVE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute an Agreement on behalf of the City of Denton with R.H.of Texas, Ltd, Partnership, substantially in the form of the attached Agreement which is incorporated herein for all purposes, providing for the payment of the costs of condemnation of certain property to construct street improvement for Westward Drive. SECTION 11. That the City Manager is authorized to make the expenditure of funds as provided in the attached Agreement. SECTION III. That this ordinance&hall become effective Immediately upon its passage and approval, PASSED AND APPROVED this the dayof , i9911. JACK MILLER, MAYOR _ ATTEST: JENNIFER WALTERS, CITY SECRETARY w BY: APPROVED AS TO LEGAL FORM; HERBERT L. PROUIY,CITY ATTORNEY BY t Fa � , Y,kM�ltltM R,�1r1WPInY,w,rlI.a N'M�Criw,Y 3 t Y fq THE STATE OF TEXAS $ AGREEMENT BETWEEN THE CITY OF DENTON AND R.H. OF TEXAS, LTD. PARTNERSHIP, AND PROVIDING FOR THE PAYMENT OF COUNTY OF DENTON § THE COST OF CONDEMNATION WHEREAS,R.H. of Texas,Ltd.Partnership,with its offices at Three Metro Square, 12200 Ford Road, Suite 700, Dallas, Texas 75234, desires the City of Denton to promote safe vehicular traffic movement and economic development by allowing the development ur R.H.of Teaxas, Ltd. Partnership in the building of it public improvements by constructing Western]hive to its required width along with a temporary construction and paring easement, and WHEREAS, pursuant to Section 212.002 Tex. Loc. Gov't Code, the City of Denton has adopted Sec. 34-45 of the Subdivision rules and regulations, Chapter 34 orthe Denton City Code to require developers to construct extensions to city streets adjacem to the proposed development; and WHEREAS, Article 3, Section 52-a of the Texas Constitution and Section 380.001, Tex. Loc. Go%t, Code provide the promotion of economic development is a public purpose; and Section 251.001 Tex. Loc. Gat. Code provides Public Safety is a public purpose; and WHEREAS,R.H. of Texas, Ltd, Partnership will provide for and pay the cost of all street right of way casements and temporary construction and grading easements necessary to construct Westcm Drive, the City will negotiate and purchase such easements and facilities,and WHEREAS, R.11. of Texas, Ltd. Partnership has been unable to purchase at fair market value the strco and temporary construction and grading easements necessary to provide for the off• site street required to be rnade; and WHEREAS, R.11, of Texas, Ltd. Partnership has requested, in accordance with the State law, that the City use Its power of eminent domai❑to obtain the off site access casements so that the required driveway improvements may be wmplcted;and WH EREAS, the condemnation of the land for off-site street improvement would be in the public in,crest and for a public purpose; NOW,THEREFORE, 11'IrNESSETIIi This agreement made this __day of , 19_, by and between R,H. of Texas, Lid, Partnership ("Ryland"), and the City of Denton, Texas ("City'y, in consideration of the mutual covenants and promises of each,agree as follows, L Attorney's Senices. The City Attorney, with the approval of Ryland shall retain local counsel to provide the legal services to Institute and pursue proceedings in eminent domain to + f ncquirc off-site street and temporary construction and grading easements to allow for the completion �r of required street improvements by Ryland. The land to be acquired for the access easements are described in Exhibit "A.1"and Exhibit "A•2" (street right of way), and Exhibit "A•3" and "A•4" (temporary construction and grading) attached hereto and incorporated by teference. The City 4 r• Attorney shall assist local counsel in preparing all petitions, motions, notices, and other legal documents necessary to initiate and prosecuae condemnation proceedings. 11. Payment of Condemnation Costs by Ryland. All filing fees and courts costs, appraiser,expert witness and local counsel fees, condemnation awards,recording fees, or other cost or fees resulting from the condemnation shall be paid by Ryland, except as otherwise provided for € herein. j III. Payment of Acquisition Cost by Ryland. Ryland agrees that it will pay the award for the condemnation made either by the Special Commissioners, or on appeal,by judgment of the court, Should the condemnation case be non-suited or dismissed at Ryland's request, at any time prior to the entering of a judgment in this matter, Ryland agrees to pay any costs assessed by the court against City including,but not limited to,attorney and expert witness fees of the condemnee. W. Appeal or Commissioner's Award. If,by reason of the amount of the award made, Ryland is obligated to pay in satisfaction of the award any amount in excess of market value for the access easements, then Ryland may request, in writing within ten days of said award, that City appeal the award made. Upon such request and the City's detemtination that the award was excessive, the City may, in fulfillment of is sovereignty duties and obligations within its sole discretion,authorize an appeal of the award. If,after Ryland requests such appeal,City appeals the award made,Ryland shall pay ail costs of such appeal. Upon final judgment of such appeal,Ryland shall pay the judgment of the appellant court If City should appeal such award in the absence of such request by Ryland,Ryland shall not be liable to City for the cost of such appeal or the amount j of anyjudgment resulting from the appeal in excess of the trial court's judgment. V. ]told Harmless. Ryland agrees that the acquisition of land provided for in this agreement is for the sole purpose of allowing Ryland and neighboring property owners to complete necessary off--site street improvements for the public purpose of promoting safe vehicular traffic movement; compliance with subdivision rules and regulations and economic development by building Westward Drive to City specifications. Ryland agrees to hold the City harmless front,and shall indemnify City for, any claim, loss or damage arising or resulting from any act of Ryland, its agents, employees, contractors, or representatives, in acquiring right-of-way and constructing said improvements. Ryland further agrees that it shall not make any claim against City, or hold City liable, for any loss or damage suffered or incurred by Ryland as a result of any intcrruptiou or delay in condemning or acquiring any property necessary for Ryland to complete any required street improvements resulting from any legal challenge to the right of City to condemn the land specified in this a �ccment,or any other delay which results from any cause not cv�thin the reasonable control ofcity. %'[, entire Agreement. This instrument contains the entire agreement between the parties,and no statement, promise, or inducements made by any party or agent of any party that is not contained in Ibis written contract shall be valid or binding; and this agreement may not be ' enlarged,modified, or altered cwt.-pt in writing signed by all the parties and endorsed hereon. VI 1. %'rnus. Any action at law, suit in equity orjudicial proceeding for the enforce ment of this contract or any provision thereof shall he instituted only in the coujls of Denton County, l exas. r .arN'nyi.un ai w..., ram..re••.. ...,,va contw,.uun Mr....nr me P AGE 2 5 r Vlll. Asslammu It is agreed by the parties that there will be w assignment of this agreement without the written consent to all other parties. EXECUTED on the date first above witten. CITY OF DENTON,TEXAS MICHAEL W.JEZ, CITY MANAGER ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L.PROUTY,CITY ATTOPNEY BY: j� 1t.H.O3 TEXAS LTD.,PARTNERSHIP Tim Litinais, ATTEST: � 1 As � I I 1 'yNeM',Aryl\IfL'1A1 hTMMt11MVIR1`flllyllM Cnnll�rM1lT Iptw.V111 Ibf PAGE 6 ll l� EXHIBIIT"A -I" L.RGAL DESCRIPTION RIGHT-OF-WAY CONDEMNATION BEING A 0.165 ACRE TRACT OF LAND SITUATED IN THE F.BATSON SURVEY,ABSTRACT NO. 43.CITY OF DENTON,DENTON COUNTY,TEXAS AND BEING A PART OF THAT TRACT OF LAND DESCRIBED IN DEED TO GENE D.OAMBLE,et ux RECORDED IN VO .UME 674, PAGE 466,OF THE DEED RECORDS OF DENTON COUNTY,TEXAS.(DILD.C.T.) BEARING BASIS FOR THIS SURVEY IS THE NORTH LINE OF THE SAID MILARY COR TRACT. SAID 0.165 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A S/8" IRON ROD FOUND FOR A SOUTHWEST INNER ELL CORNER OF THE SAID MILARY CORP.TRACT AND BEING ON THE NORTH LINE OF THE SAID GENE D. GAMBLE TRACT: THENCE S 0280518" W,ALONG THE COMMON LINE OF THE GENE D.GAMBLE TRACT AND THE MILARY CORP. TRACT,A DISTANCE OF 8.00 FEET TO A 5/8"IRON ROD CAPPED "CARTER& BURGESS"SET; THENCE N 87.2S-0I-W,OVER AND ACROSS THE SAID GENE D.GAA,BLE TRACT,A DISTANCE OF 898.0S FEET TO A S/8"IRON ROD CAPPED"CARTER A BURGESS"SET,ON THE WEST LINE OF THE SAID GENE D.GAMBLE TRACT AND BEING ON THE EAST LINE OF TI TE WESTGATE HEIGHTS PHASE t AND RECORDED IN CABINET E,,;'AGE 78 OF THE PLAT RECORDS OF DENTON COUNTY,TEXAS; THENCE N 02-25-03" F,ALONG THE COMMON LINE OF THE WESTGATE HEIGHTS AND THE GENE D.GAMBLE TRACT,A DISTANCE OF 9.00 FEET TO A 5 18"IRON ROIL CAPPED "CARTER do BURGESS"SET FOR THE SOUTHWEST CORNER OF THE SAID MILARY CORP. TRACT; THENCE S 87°25'01"Is,ALONG THE SOUTH LINE OF THE SAID MILARY CORP.TRACT A DISTANCE OF 898.01 FEET TO THE POINT OF BEGINNING,WITH A COMPUTED AREA OF 7184 SQUARE FEET,0.165 ACRES OF LAND MORE OR LESS. A PLAT OF EVEN SURVEY DATE HERE'4TTH ACCOMPANIES THIS LEGAL. COMPILED FROM FIELD TIES AND RECORD DATA BY CARTER& BURGESS, INC., i OCTOBER 19, 1998! D.L. LLIAMS PkSRFGSSTRATIONNO. 4818 to RED PROFESSIONAL LAND SURVEYOR .• tf' TE ,to JOHNNY 0.L WILLIAMS a A . n.�--..n.-...a�.., t c. hSLDV98205I0ASDATAWl8EX00J,FNS 4819 PAO! I OF 2 7 ( $ d 4% N <s oz•x 1 e � - N 0215'03• C S oz or zee v Is orovor V) �- I 0' 100' 200, 300' n lODNti°ANL k NOM& t A LRAL KSWIPT l OF�A,�(t'Kt WJRW r DAN A�AEMMOMMMI Mf Nut. L 'OS,TTMIIAPM'1�R�M $& %r PAW M S KAR*n AND dtTAMaS SHOIM M NAKN W"11 AtttA TO M K[O WORM M CAM[7 L ►AK 7f N.N.DCL i 2 4 KN"M AND G11ANQt DIDNN N MAOQ1f m K1tA TO TK Kto KCMKO M AQW {14, /f1 IN D,A.p.C 1. t p p.. `�• oa000sto ftm o PROPMO NDRtHNAY r2 NFM-. EXHIBIT en� "A-2' td L r"W RICHT•-OF—IAAYCONOEMNAtION S`cwriffsa ..�" i •ti Nn q /. �AIS011 IUR�KIT. N17RKI NO tJ I� 1 2 of 2 wam F AN ot7 a MTM 7 %%R CDMT7, ttrAS r e I EXHIBIT"A -3" ! TEMPORARY CONSTRUCTION AND GRADING EASEMENT BEING A 0.412 ACRE TRACT OF LAND SITUATED IN THE F.BASTON SURVEY,ABSTRACT NUMBER 43,CITY OF DENTON,DENTON COUNTY,TEXAS AND BEING A PART OF A TRACT OF LAND DEEDED TO D.GENE GAMBLE AND RECORDED IN VOLUME 674,PAGE 466 OF THE DEED RECORDS OF DENTON COUNTY,TEXAS(DJLD.C.T.).BEARING OF BASiS FOR THIS SURVEY IS THE NORTH LINE OF A TACT OF LAND DEEDED TO MILARY CORP.RECORDED IN VOLUME 2806,PAGE 310 D.R.D.C.T,HAVING A RECORD BEARING OF S 87-40-33-E,AND A RECORD DISTANCE OF 059.51 FEET.SAID 0.412 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 518'TkON ROD FOUND FOR A NORTHEAST CORNER OF SAID D. GENE GAMBLE TRACT AND BEING AN INTERIOR ELL CORNER OF THE SAID MM ARY CORP.TRACT; THENCE S 02"05'38"W,WITH T}'• .MOST NORTHERLY EAST LINE OF SAID D. GENE GAMBLE TRACT, SAME BEING I llt!MOST SOUTHERLY WEST LINE OF SAID MH ARY TRACT A DISTANCE OF 8.00 FEET TO THE POINT OF BEGINNING; THENCE S 02°05'38" W,CONTINUING WITH SAID COMMON LINE A DISTANCE OF 20.00 FEET TO A POINT; THENCE N 87°25'02" W, LEAVING SAID COMMON LINE,OVER AND ACROSS SAID D. GENE GAMBLE TRACT A DISTANCE OF 898.16 FEET TO A POINT M THE WEST LINE OF SAID D.GENE GAMBLE TRACT,SAME BEING THE EAST LINE OF WESTGATE HEIGHTS PHASE 1, AN ADDITION TO THE CITY OF DENTON AND RECORDED IN CABINET E,PAGE 77 D.R.D.C.T.; THENCE N 02825'03"F, WITH SAID COMMON LINE A DISTANCE OF 20.00 FESI; THENCE S 97025'01"F, PARALLEL WITH AND 8.00 FOOT SOUTH OF THE NORTH LINE OF SAID D. GENE GAMBLE TRACT A DISTANCE OF 898.03 FEET TO THE POINT OF , BEGINNING AND CONTAINING 0.412 ACRES OF LAND MORE OR LESS. A PLAT OF EVEN SURVEY DATE 1S ATTACHED TO THIS METES AND BOUNDS DESCRIP'T'ION. COMPILED FROM FIELD TIES AND R'C4RD DATA ON JANUARY 11, 199S BY CARTER AND BURGESS 48T 1OH NAY D.L. WILLIAMS REGI RED PROFESSIONAL LAND SURVEYOR JQ1{NM D.L M t TEXAS REGISTR 1TION NUMB,'•,R NO. 4818 ,,. ....,,. ,....,�.fILLIAMS . ... + 4A18 � lAOEIOFZ r%SL"920510 ZDATk05IEXD06.FNS November 10,151/ 9 c� c, I 9=111 I WESTGPATTAESEE'GHTS CAB. E, PG. 77 1"=130' 34 °d 1 7 tI.00R to LINE I BEARING DISTANCE st is a 13 13 tI 1D s L1 I S 02.05'38' W 8.00' L2 I S 02.05'38' W 20.00' L3 IN 02.25'03' E 20,00' LOOK-OUT LANE V u Is t4 is 13 it to t P OPOSED DEVELOPMENT MILARY CORP. I D.GENE GAMBLE = VOL, 2806, PG, 310 VOL. 674, PG. 466 D.R,D,C.T. D.R.D.C.T. y tt It v :: u :4 'Iyn y OVERLOOK LANE 14 13 Is II 10 0 t i Jf a 1 LIAMS 18 e1 16 tt 17 1t » 30 21 17 Si 34 35 �J 0.412 ACRES SOUTHWAY 31 30 10 is It It Is 14 Is it II , LCG[N0, 9g q < t VPCL E 2006 AGED' DISTANCE C1R.S. 'CARTER IR ROD CAPPED 32 33 14 15 36 17 Zt Its 30 31 13 IRF IRON ROD FOUND D,R.DC.T. DEED RECORDS OF L DENTON COUNTY. TEXAS NORTHWAY PA A. POINT OF A EINN3rKr P O B P D. C. N.T.S. NOT TO SCALE P. • 5/8' IRF• 10 1t S4 I3 13 11 10 t NOTt: u p 1. TO'THAl ?!V Of SSU V GATE IS ATTACNEJ MILARY CORP. :. ,AmNOs nnj ' IQ�� QN •o;fc VOL, 806, PG. 310 t7J7d A� ft�b�T DlR'0AN E�dF"i'b3s 1 CR,D,C.T, �T 4\A O\10t07t0MMMSKXh04.3i1G ,.w EXHIBIT ' A- + SHEET TEMPORARY ONE SEENT M "L • " �."' OUT 0< " uy, r z z Oyu«� F. eASTON SURLY TRACT N0. 41 T�KR4 ��M � TY NT NT 10 t• f%o AGENDA INFORMATION SHEET AGENDA DATE: March 211999 DEPARTMENT: Eogioeerlog do Traosportallon �� CM/DCMIACM: Rick Svehla,Deputy City Maaagert5 SUBJECT: i Consider an Ordinance Abandoning a Pmdon of a Ten (10) Foot Sanitary Sewer Easement j Located in Wind River Estates,Phase VI and VI 1,and a Portion of a Fifteen(IS)Foot Sanitary Sewer Easement Located in Wind River Estates, Phase V;and Providing an Effective Date. BACKGROUND: Pulte Homes of Texas, L. P., is requesting the partial abandonment of an existing 10-fool sanitary sewer ow-went located in Wind River Estates, Phase VI and Phase VII, and the partial abandonment of an cilsting 1S-foot sanitary sewer easement located in Wind River Estates, Phase V. The I0-foot sewer easement was recorded In 1963, in Volume 501, Page 23 of the Deed Records of Denton County,Texas, and the I5-foot sewer easement was recorded in 1%8, in Volume 578, Page 332, DRDCT. The existing sewer lines in the subject easements have been relocated and construction of the new sewer lines has been completed. The new sewer lines are located in utility easements dedicated by the plats for Wind River Estates, Phase V,VI, and VII. 1 OPTIONS: Approval removes an unnecessary encumbrance from the s.uject property of sewer easements no longer needed by the City and allows the residential development in Wind River Estates to proceed as planned. Denial retains sanitary sewer easements that no longer have facilities located within the easement i area, unnecessarily encumbers the subject property, and limits residential development of the subject property as currently planned. r RE OMMENDATION: Approval is recommended in order to remove an unnecessary encumbrance from the subject property of sanitary sewer easements no longer needed by the City. and to allow t;te residential development of Wind River Estates to proceed u planned. I t c ESTIMATED SCHEDULE OF PROJECTt Existing sewer tines have b,-en relocated and new sewer lines have been constructed within new utility easements dedicated by the plats of Wind River Emotes, Muse V,V1, and VII. PRIOR ACfIONJREVIEW(Coracll.Boards.Commissions): The Development Review Committee recommends approval. The Planning& Zoning Commission recommends approval FISCAL INFORMATION: None BID INFORMATION: None MAP: Attached Respectfully submitted: Prepued b : Jetvklark, Uirector Engineering&Transportation Steve J son, Technical Assistant , 4 f i 1 2 ti p - L 0 i I �y 4 a� ty ° � r Log 3 C., Log i A ! ei.rar n. 1 I� ♦O I MM 10e IOM/dlh El PB 3 c i= tf UMM Ilk"M�FA• r III �.'; j• W r r 1 i r ! ;• '}fit r ' Y�T —'�' 'f it /—' • r e r � � • v r r r r r it a r • r r r r r • r r r • r r r 1 r 4 mom t1■■ J. kOdOIYAN 1� NY[Y I \ s ABIIRA06 No i1► t ' 1 \ Irllulu ' M.N. 1 P.R.A. Co. f \t rl/lu� /lleunnr to UAVIY rtr�•rr• 11111ur Vf ACT N o, 111 • Ad t I r nrww Ara wn R w '^ Raa r or v, r AV,TTTT h ��...... � JL.,rl./.u 2y i �•� u rr� �i ti r111 tr owl i ,.,. r.er°.a'I ~ ~■■t '•• {•- ` �r:'47•.., too to r6` 4 S Iry it � b11�Irr/rilr■rq ��` •�> \ \� S1i .- ... 1,11 • [Y .` ` ..ti �.t I AN r 411 ''• ' Alit two 4�rr rl lrlri •l(r .- rN ' r . rnlu/ u/u Illgl foil 1111/111 � i c c. I oLMUMO AND LOSM C019f1M N PmmaUAar 10, lots Wit. mmzu Aitm- we move on now to items for individual consideration this waning. The first one being ltsr s on the Agenda, to consider leaking ■ recomiandotion to city council concerning the partial Dom" abandonment of a 10-foot sanitary sever aasemant located In Mind River =state, Phase Vr and V11 and approval of a partial abandonment of a 1s-foot sanitary sewer easmment located in Wind River !states, Phase V. Nk. David salmon from the engineering department to here to provide us with a staff report. MR. SALMON: Thank you, ehairsan " members of the commission. This is relatively simple this evening. you can see the site map on the overhead. Shown in orange is the location of an existing Utility sacsmant that we're proposing to abandon. As You can also tell, this is the site of Wind River Estates subdivision that is in the process of being developed. The alignment whom in orange is the aligr"nt of a sanitary sower that used to cross vhst is now Wind River subdivision. of course, with the construction of that subdivision, the sanitary sewer has been relocated into ' 4 � the right-of-nays and easements inside the subdivision, / 1 ' so we donut need this old easement anymore. What live tried to illustrate with this drawing, of course, is the 5 I I I Planning and coning Coeniesion minutes February 10, 1999 I ti Page 2 of 2 existing easement shown again in orange. And it doesn't show up particularly wall, but in green, I've highlighted the new alignment of the sanitary sever. It follows the streets. The sanitary sever has been constructed. It's in place. It's working. It's been acceptod by the City, no we're ready to akandon the old easement now that we don't heed it anymore. of course, ve're recommending the abandonment and you'd be making a recomeandation on this to the City Council. MR. EKS143ECHT., Commissioners, any questions for Mr. Salmon? Okay. Thank you. Any discussion or a motion? MR. RISELi.: I'd like to make a notion. I move that we recommand to the City Council the approval of a partial abandonment of a io-foot sanitary sever easement recorded in Volume Sol, Page 23 of R.P.R.O.C.T. located in Wind River Estates, Phase IV and -- excuse me, Phase vi and Phase VII and approval of a partial abandonment of a 15-foot sanitary sever easement recorded in Volume 578, Page 272 of R.P.R.D.C.T. located In kind River Hstatos, Phase V. MS. GARZER: Second. MR. tHGEMRECHTr It's been moved and seconded to recommend approval. Discussion av the motion? All in favor phase raise your right hand. Motion carries unanimously. Thank VOU, Mr. Salmon. -' b ORDINANCE NO. AN ORDINANCE ABANDONING A PORTION OF A TEN (10) FOOT SANITARY SEWER EASEMENT LOCATED N, WIND RIVER ESTATES, PHASE VI AND PHASE VII AND A PORTION OF A FIFTEEN (13) FOOT SANITARY SEWER EASEMENT LOCATED IN WIND RIVER ESTATES,PHASE V;AND PROVIDING AN EFFECTIVE DATE. WHEREAS, when the Wind River Estates Addition was platted certain existing sanitary sewer lines were relocated and the construction of the new sewer lines have been completed; and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas has reviewed the request for abandonment of a portion of the prior sanitary sewer easements and recommended approval;and WHEREAS, the Council of the City of Denton, Texas has determined that the sanitary sewer easements described in Exhibits"A" and illustrated in"B" are no longer needed for public ; use;and WHEREAS, that the process for determining the fair market value of the easement above, as applicable, pursuant to Section 272.001 of the Texas Local Government Code relating to the conveyance of easements to abutting property owners who own the underlying fee simple, shall be followed in effectuating this abandonment; NOW,THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the portion of the san£tary sewer easements identified as a (i) 10-foot easement in Volume 501, Page 23 of the Deed Re ds of Denton County,Texas(DRDCT) and (ii) 15-foot easement in Volume 378,Page 331 of tc,e DRDCT, as more particularly described In Exhibit "A" as Tract 1 (0.213 acre), and Tract 11 (0.700 acrel and illustrated in Exhibit"B," such exhibits tieing attached bereto and made a part hereof for all purposes, are permanently vacated and abandoned as public easements since such easements are no longer needed for public use, having been replaced by new easements identified in the Wind River Estates Addition Plat, Phases V,VI and VII. SECTION 11. That by reason of such vacation the City of Denton's property Interest in the :aid easements shall, by operation of law, revert to the owner or owners abutting the easements herein abandoned,and the City of Denton releases any and all claims to the use of the vac..ed property w. a public easement. SECTION 111, That this ordinance shall become effecti•,e immediately upon its passage and approval. r i 7 ii , I i I t, I i i i i PASSED AND APPROVED this the day of 11999. JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY BY: f PAGE 8 MIBIT •A• TRACT Ii ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, state of Texas, and being a 0.213 acre abandonment tract of land situated in the J. fisher slucvey, Abstract No. 471, same being a portion of the land described for a fifteen toot sanitary sewer easement as recorded in Volume 578, Page 332 of the Dc.ad Records of Denton County Texas (DROCT) , and being out of a 70.436 acre treet of land deeded to Vista Oaks Development, Ltd., as recorded in the County Clerk's (CC) file No. 97.80022730, of the Keel Psoperty Records of Denton County Texas (RPRDCT) , said 0.213 acre abandonment tract being more particularly described by metes and bounds as follows) CONNBNCING at a point at the southwest corner of said Vista Oaks tract, same being the southeast corner of a 2.235 acre tract of land deeded to Offices of hUntsr's Ridge Land Development Company as recorded in CC file No. 96-80083647, IPA=, and being in the north line of a tract of f a land deeded to Nestainater, Ltd. , as recorded in CC file No. 97- 80019209, RPRDCTI TRUCE south 800 07' 040 Bast, with the south line of said Vista Oaks tract, same being the north line of said Westminster tract, a distance of 227.38 feet to the POINT Of BBOINNINO! TNBNCS, leaving said common line and crossing said Vista Oaks tract, the following three courses and distances North 030 20' S9• Best, a distance of 619.08 feet to a point, said point being in the south line of a ten foot sanitary newer easement as recorded in Volume 501, Page 23, OR OCT, South 891 $21 010 Beat, with said sewer easement, a distance of 15.02 feet to a point, and South 030 20' 390 West, leaving said sewer easement, a distance of 619.54 feet to a point in said common line between said Vista Oaks tract and said Westminster tracts TNBNCB North W 07' 044 Mest, along said common line, a distance of 15.00 feet to the POINT Of BBOINNUG and containing 0.213 acres of land. TRACT Ite � C' ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, state of Texas, and being a 0.700 r acre abandonment tract of land situated in. the B. Lewis survey, 9 Abstract No. 769, S. F. Reynolds Survey, Abstract No. 1654, J. Fisher Survey, Abstract No. 431, and the John McGowan Survey, Abstract No. 797, same teing a portion of the land described for a ten foot sanitary sewer saseaent as recorded in Volume 501, Page 43 of the Deed Records of Denton County, Texas (DRDCT) , and being out of a 70.436 acre tract of land deeded to Vista Oaks Development, Ltd., as recorded in the County Clerk's (CC) File No. 97.80043730, of the Real Property Records of Denton County Taxes (RPRDCT) , said 0.700 acre abandonment tract being more particularly described by metes and bounds as follower COMENCiNO at a point at the southeast corner of said Vista Oaks tract, sane being the northeast corner of a tract of a land deeded to Westminster, Ltd., as recorded in CC File No. 97-R0019309, RPRDCT, and being in the west line of a tract of land deeded to Denton Security Investment, Inc., as recorded in CC File No. 94-80033697, RPRDCT, bearing basis being the north line of said Westminster, Ltd. tract► TMWCS North 86' 07' 049 *set, with the south line of said Vista Oaks tract, same being the north line of said Westminster, Ltd. tract, a distance of 437.34 feet to the POINT OF SSGINNIWGI TMCS North 88' 07' 045 Nest, continuing with the south line of said Vista Oaks tract, same being the north line of said Westminster, Ltd. tract, a distance of 33.65 feat to a points TszxCt departing said eoamwn line between said Vista Oaks tract and said Westminster, Ltd6 tract, over and across said Vista Oaks tract, the following two courses and distances► North 63' 06' 370 West, a distance of 1567.46 feet to a point, and North 89' 54' 359 West, a distance of 1470.66 feet to a point in the west line of said Vista Oaks tract, same being the east line of a tract of land described in deed to Prod Gossett as recorded in CC rile No. 94-800900790 RPRDCTI TNSNCS North 00' 43' 4S■ West, along said coon line between said Vista Oaks tract and said Gossett tract, a distance of 10.00 feet to a points TMWE leaving said coon line, over and across said Vista Oaks tract, the following two courses and distaneesr South d9' 54' 359 test, a distance of 1473.18 feet to a point, and South e3' 06' 47' last, a distance of 1591.30 feet to the POINT OF r lSOINNING and containing 0.700 acres of land. ' 1 10 I. \I JOHN MCCOMAN SURVEY ti-Al RNT �n A83TRACT N0. 997 HERSMM DEVELOPMENT CORP, VOLUME 3433, PACE boy D.R.O.C.T. S 6752'01" E vaoxiM� 1502 FRED T CC FILE E NO. 10' SANITARY SEWER N0. 96-.00 'C.T. .� VOL, 501. PACE 23 R.P.R.O.C.T. O.R.D.C,T. 5 S 01 A n �o PO I I VISTA t"(S DEV, LTD. w ; CC FILE NO. 97-40022730 R.P.R.D,C,T. Mice$ AT HUNTEF'S RIDGE o LAN,l DFV. CO. z w CC FILE N0, 96-ROO83647 R.P.R.D.C,T, 15' SANITARY SEWER VOL.578. PACE 332 O.R.D C.T. yr. PO�C P.0.8 S 88'07'04" E 227.36 } N 88'07'04" W t 5.00 SUNDOWN RANCH a� y1► 'i�� WESTMINISTER, LTO, CC BILE N0. •' 97-.0019209 ,•.• �, .. •. / R,P.R.D.C.T. ( /; � n So Ion 200 lXNWIT low Celrhrb SCALIC TN reeT 0.218 ACRla Ill awry. Aar Iffy PARTIAL !A&ENNT CARTER t SuRCESs;� \su>\seya�ol\cR,\rrssexl owo ABANDONWNT �Lu 'rx'" }'� , 11 r, .i I tcc M l Nd, I ' 04-00O W71 N wards' w Pj�r p FoF • APR OCT IO.bO w A -^.'„pY DCRLOhtM NR CWWO�I \ VDL ..... •w . . +.a RA(1 nwt v 0 1.0 C.7. rvtt t D"LOPMtN7 II WA CARS CtV. LTD.. I I u ru NO. II 97-ROO22730 R.P.1.0.C.?. I I /sYM sYRrrT 1 I I AS$FAACT NO OA � JON Y YoDOSAN sV11?Y 11 ARSTRACr YO. r17 SUNDO" RANCN II wtST"MR, L10. CC tilt 40 I I I rwowe yxnq�.n 17-ROO10200 1 II it lne■ FLPA P.C.T. I 4PM ACRE s lj �pp +II i A&ANDOIMT�r� 1 UPC `I R /. IIfYROIDS sVRvrr _I 64 ASMACT M 1111 r / rV At DMLOPM[NI It too" , VOL F,%tv u / v1514 Mq M Lto, I7-10072730 I 0 P A O.C,t. I I 1�Ir +�u J�L N 1801'04' w Mj I'h 13.15/ {� Yll R A R R. IVA rsr ARI MCT YO. 190 F 0 too 100 400 T SCAL[ IN f'ttT ` .,I }. O, M 6f1D � Alt + N CC 17- 11 4.1014. CJ. �1 •0' PbElON p 0.100 66 A CPI ct rRt•ND. PARVAL RM#~ 04-1002207 At1Al1pONWNT RIP,ROA.t' C MER 11 9URMSS• W. Nt/11f 7/10 .\ls,Mlfi./110v,lINld�Nd dLIA1, TI 7117-/0tttt no S 12 100 111111 i t f AGENDA INFOr.�41ATION SHEET Apl*1p AGENDA DATE: March ?, 1999 DEPARTMENT: City Manager's Office CM/DCM/ACM.- Rick Svehla, Deputy City Manager �J ' SUBJECT— Consider approval of Oversight Committee recommendations for allocation of the fourth and fifth year funding of the CIP program. BACKGROUND- The thcrsight Committee met in November and in February to make recommendations to the Council. MIM NIA RECI+MMENDATION: Oversib'it Committee recommended projects in November by a 4.1 vote and in February by a unanimous(S-0)vote, Liu�'ATED SCFIEb t OF PRO tF T The scheduling and completion of the projects will over the next two years. FISCAL INFORMATION- Attached is a detailed memo of this specifie recommendations and financial Impact of those recommendations. l XIIIRITS: Memo from Rick to Council Backup from the Novcmb r Wh and February IV'Oversight Committee Meeting Respectfully submitted: h Rick Svchla Deputy City Manager Mane g s. f ` . a CITY OFDENTON, TEXAS OFFICE OF THE CITY MANAGER•216E.MOUnney8tnet•DmtonTerar76201 MEMORANDUM DATE: Ft bruary 19, 1999 TO: Mayor and Members of the City Council FROM: Rick Svehia, Deputy City Manager SUBJECT: OVERSIGHT COMMITTEE RECOMMENDATIONS The Oversight Cf rnmittes met on February 10t' to make recommendations on the discretionary monies we will sell In March and to also suggest changes on some of the pt ojects that have been scheduled previously. Besides continuing and Instituting the projects listed in the combination fourth and fifth year sale in March, the Oversight Committee voted unanimously to make the nllowing recommendations to you: STREETAND i RANSPORTATION FUNDING FUNDING SOURCE DESCRIPTION COST awn oussrraat ro etas s1,o6g,000 11-35ERom p eversa s evbue a roved ndrHar BBou evard _ Entrance Mark revlouel a rove 1 ,�- �_ �� u el treetbr{ a revlous a roved 4 �- ne !reel( evl)usly approved) u`rTinea colmns street n tree! f(X CO —" Match money for COQ program) pne a $326,000 _ hermanoCarroll � orn n star! ou rid et d Village an oa ess gy_ is oryureekUTOSSIOX A 1 Loop W88 0 L oo a it onnector ( J�\ U&W 9 Hinkle M01000 anee 7 -" (Funded from otd'88 funds and any excesses from above) $40000 rrn+v.utrafder+tonn0m "Ik�iraRtt'r. (Tva��fy,C•rrin" f i Memo to Mayor and Council f ,, February 19, 1999 Page 2 FUNDING 56URCE DESCRIPTION COST Sidew&A d $142,00 _ Pedest6anlbicycletrails compe rent of a new Parks,Recreation d open Space Master Plan (balance to be funded by the Parks and $25,000 Recreation Department) _ A .or^ps (plus any remaining sidewalk money from 1988 bond o ects) $ 58 500 dewalk pro Jeots (projects to be recommended at the May meeting_ $ 58,500 In the street funding area there is one other item,which we thought was Importantto mention. On the Collins StreeVEagle Drive drainage project, problems downstream from Eagle Drive are much larger than we anticipated. Staff and the consultant recommended,and the Oversight Committee concurred, that we should use the original fun,ling for Eagle drainage and Collins Street to build drainage for the Eagle drainage project. By doing this we can start from the channels east of Locust Street and come ail the back to Eagle[hive and make the system work. We would havo to use most of the money from the Collins Street project In order to do this. However, as you can see,we are suggesting using miscellaneous street and turn lane money to build Collins Street in a pared down project particularly west of Bernard. Finally, in the drainage area, you will see a recommendation to fund further Improvements to the Eagle system to ultimately pro,Ide for one hundred-year drainage facilities. DRAINAGE FUNDING F— UNDINO SOUR�:i�T� �DE CRS IPTIt FI COST Z ooper Crde�nnor mpro�td 5600,000_ _ _ _ everly rta`tes and{p r�r- -� on a pus Van irrollf��r*c:nfAND -- — _ Carroll @ HlAory erodafngd:5366,000 (Actually the cost will be more than this We would recommend postponing this expenditure until later so we can study alternatives to make sure that funding can link to future funding and k Is the best use of the moneys_�_� apTe tS►Tre _'3368'0 + r (Conskier building a 100 year system all she way I ' Robertson Street) scallenooua ra nago ro�cfs Phase_1_Y:5113,000 enter oad rose r�+i pecan red ributary --- ace a drainage rys em — ..__ down rtreamearthwork) _ _` j ontscHOCekedesi 'no y�dtvoldenton.eam 0 Memo to Mayor and Council e February 19, 1999 Page 3 FUNDING SOURCE DESCRIPTION COST leca ranfous Da nags improvement phase 6:$250,00 venue rev oua a rov u etl Street tWidgO(previously approved) 0 , WCormick Street drainage (sacribonsf earthv on downstream) $50,000 Water Control Board rant Match The Oversight Committee also recommended that the Initial funding for Ranch Estates ($125,000) be held at this time as work continues on trying to obtain easements from U.S. 380 south to Jim Crystal Road. Staff is having difficulty obtaining the easements at no charge. Since the finding is small,the easements must be acquired at no cost In order to use the money to do the extensive earth work that is required. At their meeting in Novemb6r t,�• Oversight Committee also recommended using an additional $32,000 In Denis Parts for sprinkler systems. Since the money that was sold was for athletic facilities,no transfer or use of miscellaneous funds is required. The staff plans to use that money to Install the sprinkler system this spring period and we wanted to let you know. As mentioned,the rest of the projects will be scheduled,designed,bid and completed as soon as possible with the exception of sidewalk projects which the board will recommend in May. This recommendation would allocate and use all of the funding capacity of the 1995 bond Issue. This Is In line with the Council's plan to begin to formufate the next CIP program and believe it meets the Intent and requirements of the 1995 Issue. If you have any questions, please call me at you convenience. ' Rick Svehla Deputy City Manager RS:af Packet February le Oversight Recommendations www,atvordenton.00m i I i CITY OF DENTON, TEXAS OFFICE OF THE CITY MANAGER-716 E.Mclunn ewel•DentoRTeue 76701 IM)M-8595 •e one ez MEMORANDUM DATE: February$, 1999 TO: Oversight Committee Members FROM; Rick Svehla, Deputy City Manager SUBJECT: FEBRUARY 10TH BACKUP I've included for you an excerpt of the last meeting. The reason I'm doing that Is that we are recommending the same projects and transfers of money fhat we talked about the last time. There are a couple of differences in the street program. They are very similar kinds of activities,but we just wanted to mention them to you. On page 5 of the last briefing we talked about how we would recommend using signal money. There is one other signal that we have been talking about lately and that's at U.S. 377 (Fort W(%rtil Drive) at Daniel Street. Some time in the moor future that street will meet warrants for a signal and because of the truck traffic coming in and out of there to Acme Brick, we think it Is one that we will need to be prepared to deal with in the near future, We will need $30,00 to$40,000 since we will only be builCil�g a span wire type of signal In the beginning. We think we can find the money for this from the funding of the signals that we already recommended. One final item on the signal money is there are some very old accounts that we found will, umall amounts of money from signals back in the 1966 issue. We are suggesting to also use We money for studies and installaWn of the recommended signals. The other item that we wanted to talk to you about in the transportation section Is sidewalk money. We are also findir►g old sidewalk accounts from the I W Issue and some from the new 1995 Issue that have money left in them. We would paln:;uggest usl,� them to make sure that bui'd all of the sidewalks that we talked about in the November 13 briefing If we have excess money left over, we would suggest looking at rebulldirog more of the ramps to meet the new ADA requirements, www ymildenlon corn Memo to Oversight Committee February 8, 1999 Page 2 I've also Included a new memo from Jim Coulter who has taken Jill's piece on the drainage side. Jim is giving you an update on the Ranch Estate oftite easement problem and I believe he is also suggesting a new use of the Carroll crossing money at 1-110;r`ry and at Crescent; and, finally, t believe he is suggesting funding some match money for a water development board grant that we received. His memo details the changes that we are suggesting to you In order to meet these funding requirements. Finally, I've also visited with Ed. You might remember that Ed's recommendation on Parks was very broad to begin with. Our suggestion Is to go back and look at and use. any extra Parks money to continue to make other Improvements to all of the facilities that are already in the bond proposalrs. We look forward to seeing you on Wednesday. If yuu have any questions on any of these items,please call us at your convenience. Rick Svehla Deputy City Manager RS:sf Attachments 4 rr/ W r i r ....� �. ... .. . . .... ._. _...�...�_ ..._. � 1... .tom.....-.r r.:....r. r W t, I L% ClrY )i DENTON, TEXAS t1g!,McKinney gtrpl O�nton, Teas 76101 (910)7N•l707 rtxE crrr tmrav�t MEMORANDUM DATE:DATE: November 13, 1998 TO: Oversight Committee Members FROM: Rick Svehla, Deputy City Manager SUBJECT; BACKUP INFORMATION FOR THE NOVEMBER 18TM MEETING Seems like we just met, but things are beginning to move fast and furious and we need your Input on several items before we can move forward. Let me start with items that we talked about last time or that we've talked about in the past. The first of those Is that you asked us to make an adjustment on the Dania softball fretde. You may recall that the bid was high and we had to do some cutting from those field improvements. We deleted all of the Irrigation systems (staff will Install). In order to do that we will need $32,000 to purchase the necessary equipment and supplies. At the last meeting we mentioned that we had additional athletic field money already sold and that we would simply tra isfer $32,000 in order to cover this cost. the Committee recommended that we make a change to that budget showi owing the extra $32,000 as Pori of that program by transferring athletic field money that has already been sold. We wouid recommend that the Committee take official action so that this change can be made in the documentation. The second Issue Involves two funding recommendaticns. I tt,ink many of you know that PEC4, the Robertson Street channel project, has Just recently started. In the "notice we gave you In the beginning, we Showed you that we would make a loan from the Utilities for $200,000 and we would silo bid the Ruddell Street bridge as part of this project. Needless to say, the bids were also very high on this project. Jerry did a masterful job in cutting parts of the project out, renegotiating part of the project, and Operating funds to actually let jthe bid, The two funding rtransfers fithat we from talking about and recommend to you Is that we use the Jim Crystal bridge money that will be sold next year as a way to substitute for the loan from the Utility i Memo to Oversight Committee November 13, 1998 Page 2 Department. You may rememw that one of the bridges on Jim Crystal has already been repaired and the other two bridges are in the TXDOT bridge replacement program and are scheduled to be replaced in the 2000? 2001? and 20027 time frame. Th. •9, we think we can use this money now, and redirect money In the next C!P U. i Program for any TXDOT match for the Jim Crystal bridges. The second issue cn this project is the Ruddell Street Bridge, As I mentioned, we bid this as an alternate to the project. Unfortunately, because of the high prices, the funding had to be used just to cover the main protect Staff believe! that there is a way to still build this structure. It involves using both transpc Cation and drainage money in order to does that, Jerry Is out for bids on this project right now and we think we can bring the project In somewhere around $450,000 to $.50,000. The original project of $315,000 was really for channel lining under and downstream of the existing bridge, On our consultant's recommendation to remove this area from the floodplain we are proposing to rebuild, widen and lengthen the bridge. In order to do this we would suggest using a combination of miscellansoua drainage money from next March's sale as well as miscellaneous street money from next March's sale since we are now talking about drainage and transportation facilities. l inalPy, there Is also about $75,000 worth of Ruddell Slreei sidewalk money that has not been spent that will be used to widen the bridge. We are suggesting using $100,000 worth of miscellaneous drainage money and $400,000 of miscellaneous street money to completely rebuild this bridge. We would recommend thl& io the Committee for final approval by the Council, The last item we would like the Committee to consider and take action on at this meeting Is for acquisition of detention ponds on Cooper Creek. Currently, Beverly Estates Is being developed, and In the Initial phase the developer dedicated the ground necessary to take care of his run off and excavated that structure. He Is now ready to begin cubssquent phases of the development, He has offered to sell us additional land at this pond site for the detention of water that Is not his responsibility. The city needs additional nine to ion acres of pond in order to take care of the run off after ultimate development above this subdivision. The staff would recommend that we use money that Is originally scheduled to be sold next March for Cooper Creek Channel Phase II. There is $600,000 In this item. Originally we anted to bui!d ponds on this project The cost of the ponds was too expensive to fit our funo:ng level, so staff looked at enlarging the road crossings Instead, Because development is taking place, we are looking at ponds again. The ponds will help to reduce tha impact of the 100• year flood on the downstream neighborhood, At the some time, they would help us move toward recommendations that the Council het begun to make in the Comprehensive Plan, which deals with preserving flood plains end being more I Memo to Oversight Committee November 13, 1998 Page 3 f � aware of the environment and begin to try an anticipate some of the neec's r'the New Clean Water Act provisions thet we will come under in the coming ye..rs So, we would recommend using approximately $100,000 of this money for the purchase of this pond. The next set of Information that we are sending to you has to do with the last sale and ultimate use of the rest of the 1995 CIP bond funds, We are sliggesting all of these as consideration items. We would try to brief you at this meeting and ask you for recommendations at the next one. In many cases, we are still using the original projects; however, there are some projects where we are suggesting funding changes because of development issues, changes In policy directions that the Council has made, or are a result of prices increases that we continue to see more and more of in the last mix to eight months. Most of the changes in this area have to do with transportation and drainage. We will try to enumerate all of those as recommendations. I am sure you will have questions and hopefully we can answer those at the next meeting, The first of these areas Is our transportation dollars and the issues revolve mainly around Collins and Eagle projects, miscellaneous streets, sidewalk money, turn lane money and signal money. let me know talk about Collins and Eagle first Originally in the bond issue we had two projects, the Eagle Drive drainage system and Collins Street paving and drainage. We've already entered into contracts with Carter and Burgess to took at all of the drainage designs for these two projects. What we are finding is in order to make the Eagle Drive system work and ultimately, the Collins Street system work, we have to look down stream of these two projects on the same channel that trcnsports the water from these two projects to the Robertson Street channel. We have to start looking at this channel east of Locust Street. Because of the need to look at this channel this far downstream we've obviously had to cut the upper ends of the project short and look at doing major work before we ever get to Eagle and/or Collins. The original funding for Eagle and Collins was approximately$11 to$1.8 million. We w1;I be ,able to build the necessary off site systems plus the system on Eagle and Collins and the repave all of the street crossings at the longitudinal drainage built in Eagle and Cleveland Streets for the $1.8 million. That leaves us with about $800,000 short for funding of Collins Street. This final bond sale has 1,089,000 worth of miscellaneous street bonds that will be sold. You've already co to the 1.35 E/Loop 288 ramp study for $100,000 and $200,000 for the extension of Windriver that will complete the connection between Teasley and I. 3515. You also have to take out $100,000 for the entrance markers as part of the last two years of the miscellaneous street funds, leaving a total of $889,000. / /'" [r Memo to Oversight Committee November 13, 1998 Page 4 We've already suggested to you In the Ruddell Street bridge project that you use $400,000 of this misasllameous money for that project. Thus. the total now would be $269.000. We said in the initial part of this paragraph that Collins would be over $800,000. Jerry has been very successful at negotiating with the neighborhoods, and also the completion of several development project along Collins, has helped us pare that estimated cost of Collins down to around $450,000. This $269,000 is still short when you consider what we have left. However, in the last year we also have $287,000 worth of turn lane money that Is available to us, The ultimate design of Collins, particularly toward the west end of the project, basically adds a third tans that is used as a turn lane for either direction rather than the full blown project that we originally &coped out. This design resulted from trying to save trees as well as the neighborhood wishes to try limit the closeness that the full four lanes of width would have had on the homes in that area. This isn't an uncommon reaction to receive from the ne!ghborhood. In this case, the front yards are very small and we think this design Is much more applicable. If we could use parts of this turn lane money for the p•cject you can see that we could fully fund Collins Street In its presets design for $450,000 and still havo$108,000 left. As usual, we don't want you to get too excited because we still have a number of projects to do, namely the Urban Street Program. I think most of you know that we've besy teiking about thls program for at least a year and one-half. C00 and TXOOT are finally finalizing the program and will be considering its passage at the RTC meeting this week, We are fully expecting to get approximately $320,000 of federal and state money to make Improvements and rehab sections of Carroll Boulevard and Malone Street. In many of these instances what we are rehabbing along Carroll are turn tames. In the case of Malone, we are mainly looking at the section from Crescent Street north to U.S. 380, Again, this section Involves turn lanes for almost the majority of that project. Our share of dollars In this program will be approximately $160,000 or about one-third. We think this is an excellent program and an excellent way to leverage our money and would recommend the last$108,00 of turn lane money for this project to you rho next category of funding that Is available ;s signal money, We have $325,000 available for this category of funding and we would make the following recommendations to you. We allocate an additional $35,000 for the signal at Sherman and Carroll. The Committee may remember that In the last signal money we allocated approxlmatefy $35,000 toward this some Sherman and Carroll intersection from that money. That would make the total for this signal k, $70,000 and staff feels that we could build the signal for that, The next signal 1 that we would recommend to you Is at the new access to Lillian Miller just south I Memo to Oversight committee November 13, 1998 Page 5 Of Southridge Center. In prior meetings you've allocated $40,000 to build turn lanes for the extended care facility named Morningstar end access to the southern end of southridge Center's parking lots. This signal money would allow us Ic install a signal and finish the turn lanes to help eliminate some of the congestion that Is further towards Loop 2e8, rhls signal would cost $90,000. The next Improvements that we would recommend to you are Hickory Creek and Teasley and at Ryan Road and Teasley, We have money from developers In this area whose traffic will Impact Teasley; however, there is traffic already on Teasley that is generated by other parts of the city or other cities in the area and so we think its reasonable to particlpate somewhat In these signal and turn lane Improvements. Staff suggests reserving $50,000 each for these projects. Finally we have two other projects that are hooked to other TXDOT projects, The first of these is our connector road between Loop 288 and Mayhill. Our original funding for that connector included some money for algnalization. However, because TXDOT is moving up the Loop 288 and widening it, we believe our costs for that Intersection will go up and we are suggestin3 reserving $50,000 for additional work in that Intersection since the Loop will be going from two lanes to six lanes. The other money we thought we should reserve for Fulton and U.S. 380. There maybe an opportunity to actually move that signal and make a full fora way signal and intersection at Hinkle and U.S. 380 and then recombine Hinkle with Fulton further to the south. The $50,000 that we are suggesting putting aside would actually be for the movement of the signal from Fulton to Hinkle. This Is a brand new concept and one we have been working behind the scenes with particularly with the landowners to the west of Fulton and the church on the north side of Fulton and Cordell. If you add up all of these totals they equate to $325,000 The last category of funding In the transportation area Is the sidewalk money. In the last year we have $142,000 worth of sidewalk funding available. Staff is suggesting a couple of Ideas for this sidewalk funding, We've Included the list of sidewa;k requests In your back up. We would ask you to consider as nlofe of a priority some existing sidewalk systems. Recently we've begun to get requests for Improvements for remodeling of existing handicapped ramps on much of the existing system In the city. What is triggering this are the new regulations from the federal govemment that have changed the design ADA ramps, Initially the slope was 2" per foot on these ramps. In the last several years the federal government has changed that design to 1" per foot. in effect many of the ramps that were built since the first regulations came out in the early to mid-80's are too ' steep. In the last six months we began to get requests about replacing ramps " that are loo steep. When the federal government changed the regulations in the ' mld•90's, they said it was cities responsibilities to make thew ramps meet Memo to Oversight Committee November 13, 1998 Page 6 federal requirements (i.e., unfunded mandate). That legislation also said that they cities should develop a plan to make revisions. The good news about that is it did not give us a deadline or a completion dote for r.iaking all of these changes. We have begun to survey all of our exirting ramps within the city. Many of these ramps are on state facilities or were built by the slate so we believe we have some leverage with TXDOT and the universities to help us make changes In this category. However, there are many additional ramps that are our responsibility. Two of the main streets that we've received requests on are Oak and Hickory, particularly around the square and out near UNT. We have been working with UNT to remedy romps that they built and we've also been working using COSO grants or operating funds to try and make changes to as many ramps as we can. However, we still have a large number of romps on Oak and Hickory that do not meet the standards. We would suggest some of this sidewalk for this repair because of Oak and Hickory's Importance in terms of use, near the University and downtown. We also suggest this to you given our recent experiences with neighborhoods not being particularly in favor of skfawalke once the whole neighborhoods have been able to give us feedback. Finally, we suggested Oak and Hickory; because of its Importance and prominence In discussions during the whole vision process. The staff also cuggests that you think about spending a portion of these funds to participatt In a new trail plan. Ed has been looking at that as part of the Parke funding issues also. The council has approved new flood plain policies and has Just recently looked at the Denton Mobility Plan. As part of that plan all modes of transporlation have to be looked at Including " pedestflan and bike lanes. These are required to be looked M so that we can continue ►o get federal and state funding for b•ansportotion faciStles, We think there Is volua in looking at the trail plan is part of the transportation system and would suggest to you that we ought to participate in that funding. Ed has gotten some Initial pricing on the full-blown trail plan at approximately $75,000. We think participation of approximately $25,000 of transportation money in that plan is appropriate because we think we can use parts of that trail plan as transportation corridors, If the Committee choose to do that that would leave approximatey $117,000 left. We would suggest that at least one-holf or more of that funding be considered to be used for upgrading of Oak and Hickory, and then the Committee might went to look at the list of requests for other recommendations, The second large category of funding to took ra is drainage, ,fill I$ providing a � separate memo to talk about those issues. In the last year of funding, there are a R number of projects as well as some miscellaneous funds. In terms of specific ar..� Memo to Oversight Commi,tee November 13, 1998 Page 7 projects we've already mentioned the Cooper Creek channel Phase II funding of $600,000 which was originaily scheduled to look at crossings only. With the new Information that we have on development activities, environmental Impacts, and the new drainage regulations that will occur when EPA promulgates the new NPDES Phase 2 storm water rules, we should consider some of the pond antd for the pond In suggested everly Estates.00 ere a of re ttwofot other po to ponds thalt ire needed additional on this channel, One is north of Evers Park and one between Locust and Stuart north Hercules. Development activity is beginning north of Evers and we would suggest reserving some of this money for additional purchases of land in that area as well as the one north of Hercules, The one crossing that we are really interested in and looking at for revision Is the crossing of Cooper Creek at Sherman, We would suggest that the project be done if funding permits and if reconstruction of this culvert will not adversely affect downstream flooding. The second Issue on specific projects, we've had the CarrolVCrescent culverts on hold. We initially came beck to you and said we should chango that to cross-gs on Crescent and Congress. We are now re-evaluating thrt project and the Carroll/Hickory crossing near the Carroll Courts Building. The amount of fulling in these two projects does not allow us to make Improvements that would significantly increase the carrying capacity of the channels or the culverts in these areas. Jill is right now re-evaluating the use of this money here or in conjunction with the Wllowood paving project on the south end of town, it appears that additional channel work for the channel that crosses W,ilowwood Just west of McCormick Street would have a much bigger impact on that channel's carrying capacity in comparison to the crossings on Carroll. We suggest that the money ($388,000) be used on Willowwood since we would get much more benefit for the some amount of dollars. l The other area that we need recommendations for is the Miscellaneous Drainage, Phase IV and Phase V funds. Phase IV we have $125,000 worth of funding. Jill Is suggesting rebuilding a culvert on Spencer Road west of Loop 298 close 10 the backside of the Par Three Gol course for approximately $50,000. She's also suggesting Pecan Creek channel excavetlon, which Is actually part of the Pace Drive drainage system downstream. That project is a channel excavation for approximately $50,000; and then, finally, she is suggesting that we reserve $25,000 for work on the Montecito channel in the area of and downstream from Montecito Lake. For Miscellaneous Drainage, Phase V ($250,000), we would suggest using $50,000 worth of funding for cost ti overruns on the Avenue 0 project. We just received those bids in the last month i I i CITY OF DEAM.>+Af AfIMM0YPML LMU771ES aor-�TEXAS stru er oenrrn�c rex48 ?eaor MEMORANDUM DATE : February 10, 1999 T0; Members of Oversight Committee FROM; Howard Martin,Assistant City Manager, UHIWA& SUBJECT; REQUEST FOR CHANGES TO DRAINAGE CIP This War, the Water Utilities Department began the task of transitioning responsibility for Drainage CIP from Engineering to our group. As pad of this transition we have met wlth Englneering to discuss arrant projects that are under design and projects that are budgeW for this year. As ` result of these meetings we are recommendin; several changes to current and poet projects As proposed in the five-year plan. RaWmmendations for the use of fundbg of 1988 99 DroinaOe CIP are as follows 1, )?r:ca Ddva 23lV e - $400,000 wilt be used to construct a new advert under McKinney and provide concrete channel lining north of McKinney. City drainage cre" will excovste the channel, south of McKinney. Funding for the down stream channel excavation will be taken from Mlec, Drainage Phase IV. Utilization of funds through this arrangerrwnt will allow the construction of Improvements north of McKinney that were not Part of the $400,000. The original project was to accomplish Improvements both north and south of McKinney. With City forces doing the excavation downstream, money can be used 10 do concrete charnel lining north of McKinney, The channel to the north will not extend far enough to Alleviate all drainage problems. Either future CIP funds or development of this vacant area will be necessary to complete the project. The channel south of McKinney will be excavated to allow more efficient Aow of water to Pecan Creek. The channel will not be rued for a 100-year storm event Any development south of McKinney vAII be required to enlarge re9 rg the channel for t the 100-year storm. 2. Cooper Creak Channel Ph,sa N — Staff Is proposing to Allocate this funding 10 Includo Sherman Dave culvert reconstruction and 1M sNuisltlon of land for Detention Ponds 01 & 6, the Anal design and construction of pond$6, and partial completion of Pond 01, In addition to Installing culverts on Sherman Dave, staff � J recommends that we take advantage of lower land costs now u opposed to land --' prices In the future. The City Is currently negotiating land purchases for thq two ' ponds as pad of the developers' obligation to address detention of Increased runoff 'Oralcarsd b ouuxy tt�r►�tos' 4 Pape 2 February 10, 1999 Members of Oversight Committee from future development, These negotiations will lower the cost that the City would ' have to pay for the land. Construction of the ponds will reduce runoff from extolling and future development. As a result, flooding will be reduced on Cooper Creek and costs for any future Improvements aimed at Rood loss reduction win be decreased, We are conoomed about the potential flooding Impacts downstream N the culverts are Installed without the detention pond construction. 3. Carrolll Congress and C 11 arrolVHic4n...���i�-a_preliminary engineering reports conducted by Teague, Nall, and Perkins Indicate that culvert and associated channel Improvements will have minimal Impacts on reducing the frequency of WOW overtopping Carroll Boulevard, Extolling culverts allow a 2-year Norm event to safety peas under the road. With the Improvements the level of protection is only raised to a 6-year storm eyyeM. We recommend transferring all $366,000 of the money to the Eagle Drtve Oral""PM*1 for design changes and purchase of easements for box cutverk In Eagle Drive, 4. Cott Sheet Drainage- No funding changes. s 6. Dallas Drive Drainage- No funding changes, S. South Lake Retenttgn pond -No funding changes. 7. Milo. Drainage CIP Phase IV - Funding for miscellaneous projects Include: a.) Spencer Rd culvert at PEC-2, b.) Pace Drive channel excavation from McKinney St. to the south, and o.) desillation of Montialo Dr, channel and extension of a ' storm sewer north of the take to reduce Inundation of a residents yard, The culverts for PEC•2 at Spencer Road need to be enlarged to allow soft passage of the 100-year flood, With this Improvement In place, residents of a large apartm mt complex on Spencer Road will be able to drive to of from their homes during high water events, S. Misc. Drainage Phasa V- Utilize $60,000 for McCormick channel improvements. VeloclUes In the McCormick cannel are too high and continue to cause erosion. These funds will be used to widen the McCormick channel and Install velocity dissipaters. Allocate $60,000 for the Citya 25% cost than of money provided by Federal Emergency Management Agency (FEMA) grant to purchase homy in the floodplaln. The Engineering and Transportation Departrnent applied for and received a Flood Mltlgallon Assistance Protect Grant. These funds are provided to the Texas Water Development Bard (TWDB) by FEMA. The City will receive $147,065 from the TWDB and our matching share wlII be $49,022. These funds ' will be used to purchase IdentNted floodplain properties on Pecen Creek. r Paps 3 February 10, i999 Members of Oversight Committee Staff recommends further augmentation of the funding for reconstructing the McCormick channel from the Ranch Estates drainage project, should this project be cancelled. The preliminary design for Ranch Estates is complete, but staff Is currently having problems acquiring the sawwwrd between Highway 380 and Jim Cristal Rand. This problem could delay or wan cancel the project. If the easement cannot be secured, we recommend canceling the project and transferring the money to sniarge or modify the McCormick Channel. WIN S Ovaralaht CommWae: 1. Conaling the WWA 10-16 (Ranch Estates Oralnaga Phase 1)pmod N a drainage easement cannot be secured al minimal coat. Transferring $126,000 to entargs or modify McCormick Channel. 2. Allocation of $400,000 on 99-047tf-00 (Pave DrW Oninegs)to construct a new culvert under McKinney and provide concrete channel lining north of McKinney. 3. Authorizing funding from 99-0475-022 (Cooper Creek Channel Phase 10 of !800,000 foe the acquisition of land for Regional Detention Ponds 01 & 5; reimbursement of oonstniction costs to developer for partial completion of Pond 01; Anal design and compkidfon of Pond 46; and Sherman Drive culvert Improvements. 4. Transfer of$388.000 from 98-0810-t10 (CsrrolVCongrsss Culverts) and 99-0476-08 (CarroilMlckory Culvert)to Eagle Drive Oralnoge for funding of design changes and purchaes of easements. I 5. Use of$125,000 from 99.0476-04(Misc. Drainage Phase IV)to fund Spencer Road Culvert, Pace Drive channel excavation, and Monr';cehj Drive ohannel desikating. 8. Transfer of$100,000 from 99.0476-05(Milo.drsinags Phase V) for these projects; $50,000 for FEMA Buyout CAM Share,and $0,000 to M(:Cormlc k Channel. The Hems that have changed since the last racaaxrendatfons am). 1, Transferring funds from CIMWConprass Culverts to Eagle ONG Oralnage; 2, Shifting Ranch Estates funds to McCormick Channel; and 3. Using MISC. Drainage Phase V for FEMA w Buyout Cost Share. r w I LISTING OF DRAINAGE CAPITAL IMPROVEMENT PROJEC rS Brio! Propel M Pt111slrylst LX It" EW EYD.tlltlt hi litl 2nju I 95-0110.25 Pecan Creek-Ruddeil 97.91 ]30,000 307,000 S 100,000 from 9U" Engr, Engr. Bids have been opened. Misc, Ur,Ph V Estimated start or contract. In May_ 2 98.0810.60 Eagle[hive Drainage 97.91 945,000 1,600,000 945,000(97.91) Tlm Carter& Under design-survey complete (Cleveland Collins 140,000(Mix P&D lames Bu esf 3 97.0610.04 Avenue 00 96.97 200,000 536,000 from Engr. Engr. 91.99 Misc.Dr.Ph V 1 _ 91.0110•f0 F'IekherBranch Indiin9Id a 97.96 150,000 1 97.96 En Ent Preliminary_detionbyFeb. 15, 1999 S 96.0!10.17 Mux Street Drain. one 97.91 SO 000 91.96 Cost W En e. Advertix blob end of Feb, -6 98-0-0110-18 Ranch Est. Dhalnage-ril l 97-96 115,000 - 97.91 Engr Engr. Prelim.design complete Money Iril to McCormick, If cancelled _- 91_ __0610_6:C Mist.Uraln CIP Phase V 97.96 1]S 000 96.061062E Mix, IhainCiPPMxV 91.96 54,000 lJnicorn lake 30,000 Mix.W Ph._J&3 P.S. Carter Design only. [kvebper In build pond -- Aron Bur ess Somh[ekes 21000 Mix.D r.Ph. )&5 En . T,N,&P Reimbursement for design of Do," s2 MayhiR Road 60,000 Mix, Ui Ph. )A S Engr. Binkky Rebld w'Iandbll. Drainage sta0 to -- - -_ Bar6etd construct In Nov.-Dec, 1999 Slope Proleclion(Cooper Cr.) 3),000 Mix, Ih. Ph.)&3 Engr. Enge. T, N,& P• 0reenbeIt Ihfign 7,1+00 Mix.Dr.Ph. J& S Jill).A T, N.&P Design study only Scheme TowmAl II Jim C, _1 99 0411-tM_ -Pete brlve ihaina�e 91_90_ 400x000 ��` __`96.99 _- bak IL En r. 7 99.6415-D2 Carjrct Cl Channel PII I I 96.99 600,000 91.40 'Date III, Engr. Appro_% X230,000 for land p.Ifch.se lu build oonds Is I &S d 96.0610-60 CarrclVCongres Culverts 96.97 250,000 Transfer Money Dole 11. Engr. 99-0473.01 Corroft'lli.kory Culvert Ill 116.000 to Fa le Lit, Drains e 4 99.0473.01 Coil Street Dholfi a 91.91 450,000 91.99 Dak N. En y. !_ 99-947!•03 _ ba11n Drive Dnina a 91.99 80,000 41.99 Dale N. En t. 6 99.0475.01 South Lake Retention Pond 9/-99 260,000 98.99 Dole 11. T,N,&P Awaiting permll• Dninaga to begin 99-0171.04 Mix [kainage Prue IV 01.99 173,000 eaeaveion Spencer Rd culvert•PEC•2 it 50,000 Mix, Dr.Phue IV Dak H. Binkky � -- -- Barfield y_ Pace Drive Channel Eacavalion. 98.99 1 50.000 Misc,Ur. Phase IV Dole ID. WlWW Monticelo Dr.Channel Deslltin 91.99 1 ]S 000 Mlu.D r.Phase I Qo N, !!t 99-0473-03 Mix. Drainage Phase V 91-99 ]50,000 !130,000 troll d AfS0,000 to McCormikk to lludell StA Aw O ASS0,000 toftMA Oran1 r �u�fOr� ,Q�,«eJt.• Ioo,� r s7 f�K H++�� St u�9 aoo W�►�v�PiJee ,?ao o� CosT �+ Alad. st a87, /6/, oco teeK TeeitN AAAMS" Cod a.4sA _ 8' Co r.a ocm yPrw r T cea . Sow Nc _CvQ��+juYoeo �jYM1N�►�IIJ rR�kV .. •l *J A'.7�fr4O. ��� iCAAI D'6,y�co `• n 2 �N prase ,,,�XG,cad �ttec ,� l'.aeaals p,r4416:y Alm, a PAIN sb cca /Yjed, V Arc Q Af°cee 7 0Scc ,V.c&M)a saga p�arK� awry �rdAkc F�car " .Z,uod c�p7P��Jk 4e 9 s AbCl�IJ6� �Al,U�K,r; Car y Sim MW RuD 40,aZ ka�,tlQ r �+OsuQa Na - D I D Apattdl lea � AGENDA INFORMATION SHEET AGENDA DATE: March 2, 1999 DEPARTMENT: EIectric Utility ACM: Howard Martin,Assistant City Manager for Utilities . SUBJECT: RECEIVE INFORMATION AND GIVE STAFF DIRECTION REGARD;NG POTENTIAL DIVESTITURE OF THE CITY'S ELECTRIC DISTRIBUTION SYSTEM AND FIBER OPTIC F SYSTEM 1 " BAC GROUND: As directed by the Council, the staff and its consultants have been aggressively pursuing the valuation and possible sale of three specific assets of the City's electric utility. A sale of the generation assets of the utility is being Implemented as both a strategic response to the significant change in the electric Industry structure and as a partial solution to the high level of debt associated with Denton's membership In TMPA. A sale of the distribution and fiber optic r assets is being considered for the purpose of providing cash to reduce the TMPA debt. The electric industry structure being considered in the Texas legislature has reinforced the ' strategic decision to exit the generation business and emphasized the value of moving quickly to market those assets. By moving ahead aggressively to sell its generation assets, Denton Municipal Electric will be the first Texas utility to make existing generation assets available In Texas. I Iowever,the situation is not as clear for the distribution and fiber optic assets. The new electric industry structure essentially maintains the same distribution function and associated risks and benefits that existed before deregulation. Although the work on valuation of the distribution and fiber optic systems is not complete,there are indications that a sale of those assets may produce little or no cash for debt reduction,after sufficlent funds are set aside to replace revenue and services which would be lost by the City as a result of their sale In addition,since the consideration of safe of all electric utility assets was announced,staff has received comments from Council members that they do not wish to sell the distribution and fiber optic systems unless they are left with no other alternative for coping with the TMPA debt. Our sale consultant, Reed Consulting Group,has Indicated strongly that moving forward with a sale ' of all electric utility assets and pulling the distribution assets out of the safe during the process ( , could harm the value of our generation assets, It is their recommendation that the City does not ✓1 proceed with a sale offering for the distribution and fiber assets unless the Council is willing to sell those assets if a fair price is offered. � 1 0 c. ta. OPTIONS: Option I —Continue to move forward with safe of all utility assets. Option 2—Continue to move forward with the We of the generation assets. Postpone offering the distribution and fiber optic assets for sale. Refine the valuation of the distribution and fiber optic assets. Complete documentation of the distribution assets and a draft offering memorandum. Revisit the We decision for those assets no later than May, RECOMMENDATION: Staff recommends Option 2. This option will allow Council to have the benefit of knowing the outcome of deregulation legislation in Texas along with it more completed analysis of the asset values than can be provided today before making a decision regarding a We of the distribution and fiber optic assets. PRIOR ACTIONIREVIEW(Couneil DOW COMMIISionl@ None JISCAL 1Ni~ORMATIONI None Respectfully submitted; arms Mays Electric Utility Director 2 4 a u f NiMd�laat oab 4 AGENDA INFORMATION SHEET AGENDA DATEt February 23, 1999 DEPARTMENTS City Manager's Office CM: Mike fez,City Manager V16 SUBJECT Consider nominations and appointments to the City's Boards and Commissions. BACKGROUND F The following is a list of current Board/Commission vacancies/nominations: Bill Swain has resigned from the Keep Denton Beautiful Board. This Is a tro'aination for Council Member Young. Steven Poslon has resigned from the Keep Denton Beautiful Board. This is a nomination for Council Member Durrance. If you require any further information,please let me know. Re octfully submitto Vila h 1 I ler W n i C Secretary i r r • l c William M Swain 9 Wellin"Oatu,Circle Dcnion,TX 96205 January 18, 1999 Alice Gore Keep Denton Beautiful 2215 Westwood Denton, TX 78205 Dear Alice, Please accept my retlpnation from the Keep Denton Beautifut board ONecM at once, l have accepted a new position that vA entail my family moving to North Carolina. I have enjoyed my time on the board and have loomed many things about the Keep Denton Beautiful program and am proud to have been associated with such a fins organixal on. Tt,ank you end my best wishes for you continued sueass. 81 Bill(Swwain-�/ . r 1 I I y u cl HAVES,COFFEY Bit BERRY A 1ROFLUMAI COM W TION ATTORNEYS AT LA%, • RxWrdD.Rom 1710wnmditUr cr.667a16r�66rr •• Den C.cartry P.O get$0149 106 W.M&U •• R{rron It,army mm D nIm Tow 76706 Corh P4 TA 1666171 T&WO 4 W.Slate �M(F6% Don r,Wkt k It D.Rehm a l eW 61644A Ow Te 717.7711 7Z R►oe4in war rapM r..Xwel r4.r.>a.w• Metro (977767�7i196 l AMR Y6u6n1 -0 ..WAtA UWWW f.l 6r 9. -r..61.0 F6cnlnrle (9M117674176 January 20, 1999 Keep Denton Beautiful Executive Board P.O. Box 374 Denton, Texas 76205 Fe; Resignation letter Dear Board Members: I regret that I am unable to continue to fulfill my duties as a board member of Keep Denton Bcauti ful at this time. It is my opinion that this position may be best served by another Dentonlan who has the time and ability to contribute this wonderful cause. For the last several months,my ability to participate in KDB has been severely limited as a result of professional and personal obligations. Therefore (and sadly), this letter shall serve as my resignation 1 appreciate working with all of you wl c;, i was able to do so. RespectiL / tev S. Pos on w I It c• u HANOQU r TO COUNCIL- 2/2 109 A Denton Christian Pre-SOO, 01 1114 W.Unlverdw DIlve-Denton,TX 78901.1898-9405MBOV DIR6ClYN1 Jody Rani March 2, 1999 BOARD eras Oax,laAfk The Delta Lodge has given generous monetary gifts to ti NwA Cuml HAcm.,v Denton Christian Pre-School for many years. The gifts have Px HOC" U40 HA been used for general operating expenses such as salaries, wa gm Du� transportation costs, utililities, and insurance costs. Bear,Orw CVWkma waiq Without the contributions from community organizations ouro suv, t,V4 such as the 'Delta Lodge,- our program-to serve child"red from p6m wu„u low-income families in Denton would not be possible. The .aUNSedWig school provides developmentally &ppropriate pre-school Agerq- education, medical and dianostio screening, transportation to and from school , lunch and snack each day, and parenting education for famV y me,ibere of three- and four-year-old children at risk of not succeeding in public school without intervention during their early years . we appreciate the donations from the Delta Lodgal Sincerely, J � Judith Royal , Director f.. I i I c H Thursday, April tb, 1991 thriku" lsrtias)(Ow 5 A Early childhood programs Pay off later, study;sa `"woit3}m�VCroff—The wad Carp Money Saved on welbre, "Justice, � has found that lnvestmtDO in the CdMhW f tladCe, edtuadOn Mad, bawd in Suet Umaleo fiat Ave of childhood yield CAW,Measured the positive affects mbetaatlai and luting beaMn not low uvsd several dollars ore wet• of W the Prov+ms by comparing only to the poor chadiron and their ts","Id eduction and criminal participants with A&W ohil" families but also to their communi- judce,the"port aid. who did not Halve the"td at. tine, Soso participants, head fund, vices. in the mom comp"bent"study eoadaued to beatft from the letter. Mad on diet Lynn A ltmvQl to date of progrema dedgned to M• wash"decades afar to "put In the prlaclpal slow of the the iiva of poor you"ehiF the��rrtut hddve effects of the aid the mat swoeeeshl dren. Mod "viewed aloe aswri Higb4cope Ferry preschool Pro- Appeared to have three things 4h scale programs, many of them yet, operated la Ypolantl, 1dkh, common! They offered tntuUtN short-lived. h toned that mat of from I9et to Ito,we"Idu evident services to chum — ad mse. them Improved the wxWp&Ug V yu"Islas, - - - - Hues to thelr mothers as wall, _ chiIQroa s snbeeQnent "iml£ -The p(hg"Y of pAechbolSod chin tier Fero or lien yeast ttfiy ' echiwemuL ad that several do boat vWtk which Witted buck included a W"veloped CWHO& creased the likelihood the children ehU sib with low 1411 from low.fn• Ins 11at aUapd with a ckld' would grow up to load Uvee of ewe families, SOW avlap of g"wi" "tads ad abW*w ad crime. 0.0 per parWpmt by WAv* they draw od highly ached a& par every dollar sprat an the lag each ewe later arnlop and that wra closely supervteed ad oulyebudhood peograms, sac" "ductag the go"munYS spud• moaitered. " r c> DENTON HUMANE r SOCIETY 2 March 1999 City of Denton, TX City Council Members To Whom it May Concern The members of the Delta i:.odge have donated generous funds the past several years to the Denton Humane Society from the proceeds of their Fry Street Caic These contributions have assisted us in feeding many homeless and hungry ►tiimals,providing help to injured animals, supplying veterinary care to needy pet owners, and spaying and neutering hundreds of pets They have been most generous%kith their proceeds and we most certainly appreciate their financial assistance, Sincerely, Alarilyn ells President s tit P.O. Box 1972 a Denton, TX a 76202 a 392.73M7 1 • t L• u American Red Cross Denton County Benito Center 1100 Dallas Drive,Suite 110 Denton,Texas 76208 (940)982-8323 Metro(972)219.4880 Fax(040)380.0217 March 2, 1999 Dear Denton City Council Members: For the past several years the Denton Branch of the American Red Cross has been a recipient of funds from the Fry Street Fair, a fundraiser of the Delta Lodge. Each year these funds are used to help us provide the corny programs and services we offer to the local community; e Immediate relief to fainilies affected by disaster; s CPR and First Aid courses; e Youth training courses in home safety,babysitting, and basic aid skills; e Free disaster training courses for community members; s Informational brochures and pamphlets. We are very proud to be associated with the Delta Lodge and look forward to working , with them in years to come If you have any questions about our association with the Delta Lodge,please feet free to call me at(940382-6323, Sit ecrely, anys Miahoney,Director Denton Branch—American Red Cross 1 , r f c+ u i END OF FILE j