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HomeMy WebLinkAbout04-13-1999 ICI I i s April 13,1999 Agenda Packet i< i t~ 1 AGENDA A** N0. CITY OF DENTON CITY COUNCIL Apo& April 13, 1999 After determining that a quorum Is present and convening in an open meeting, the City Council will convene in a closed meeting orthe Cily of Denton City Council on Tuesday, April 13, 1999 at 5:15 p.m. In the Counci! Work Session Ram at City Hall, 215 E. McKinney, Denton, Texas at to nich the following items will be cons'dered; I . Closed Mating: A. Ccnsultation with Atiorney Under TEX. GOVT. CODE Sec. 551.071. Discuss and consuh with th- `Ws attorney, Including outside legl1 counsel, litigation styled City of Denton ~ -mon County Fresh Water Supply bmtrlct No, JA and Denton County Fresh 0aierSupplyDistrfctNo, J, Cause No. 99.40158-362, filed in the 362°d District court of Denton County, Texas, including strategy and possible settlement negotiations. B. C'os:rercnce with Employees - Under TEX. GOV'T, CODE Sec. 351.075, The Council may receive information from employees during a staff conference or briefing, b.4 may not deliberate during the conference. i 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, TIM CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED NIEETINO OR EXECUTIVE SESSION As AUTHORIZED BY TEX. GOVT, CODE SEC. $51.001, ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551.011•$51.065 OF THE OPENMFETINGS ACT. Work Session the City of Denton City Council on Tuesday, April 13, 1999 at 6:00 p,m, in the Work Session Room at City Hall, 213 E. McKinney Street, Denton, Texas at which tke following items will be considered, I, Receive a report, hold a discussion and give staff direction regarding an Impact Fee Feasibility Study. The study addresses Transportation Impact Fees, Drainage Impact Fees, and Impact Fee Policy Options, and has been prepared by Duncan Associates of Austin, Texas. 2. Receive a report, hold a discussion and give staff direction regarding tl!e Parks, Recreati in & Open Space; U,batt Design, "The Street" and "The Edge" sections of the Draft Comprehensive Plan. 3. Receive a report, hold a discussion and give staff direction regarding the annexation of 65.174 acres located on the south side of Nowlin Road on the cast side of FM 218) (Teasley Lane) generally opposite Hickory Creek Road In the extraterritorial jurisdiction ofthe City of Denton, Texas, The proposal is to develop the properly for commercial (C) zoning district, multi-family residential (MF-2) zoning district and single-family residential (SF-7) zoning district. M c. r . City of Denton City Council Agenda April 13, 1999 ! Page 2 4. Receive a report, hold a discussion and give direction to staff with regard to the possible annexation of three tracts of land; A. Trinity Meadows - approximately 80.7 acres south of McKinney Street (FM 426) near its Intersection with Triniv Road. A manufactured housing development Is proposed. B. Mesquite Meadows - approximately 1001 acres north of Loop 288, between Stuart r^d N. Locust Streets. Sulylvision into two large lots Is proposed. No specific development proposal hrr b xa stated, C. Lubbers Addition - approximately 19 acres south of Edwards Road between Mayhill Road and Swisher Road. A manufactured housing Development Is proposed. S. Receive an update and give staff direction concerning the establishment of regulations regarding the Installation of surface irrigation systems and drinking water wells within the City of Denton. 6. Receive a report, hold a discussion and give staff direction regarding the appointment of a special Citizen's Advisory Committee to study capital improvement needs and make a recommendation for projects to include in a January 2fX i bond election. Following the completion of the Work Session the Council will convene into a Special Called i Session to consider the following: I, Consider adoption of an ordinance Amending Ordinance No. 99-057, as amended, ordering an election to be held on May 1, 1999 and the amending ordinances, for the purpose of submitting to the registered voters of Denton, Texas amendments to the Denton City Charter by amending Amendment No. 25 and Proposition No. 16 to clarify that the amendment refers to City officers and employees; to amend Proposition No. S to make a minor change in wording; ratifying previous actions oremployces; providing a severability clause; providing a savings clause; providing an Open Meetings clause; and providing an effective date. 2, Consider adoption of an ordinance of the city of Denton, Texas authorizing the City Manager to execute confidentiality agreements between the City and potential bidders or acquirers participating in the divestiture process respecting the City's electric system assets, and providing an effective date. 3. Official Action en Closed Meeting items held under Section 551.071-SS1.085 of the Texan A~ r Open Meetings Act, < J1' City of Denton City Council Agenda April 13, 1999 Pago 3 CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the _,_.day of .1999 at o'clock (a.m) CITY SECRETARY NOTE. THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING, PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1.800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. II I i I / ,,A. . 1 I I C' NQr f'~~7 4 W6 9 AGENDA INFORMATION SHEET Do -13 AGENDA DATE: April 1301, 1999 DEPARTMENT: Planning& Development CM/DCM/ACM: Rick Svehla, Howard Ntariln SUBJECT Receive a report, hold a discussion, and give staff direction regarding an Impact Fee Feasibility Study. The study addresses Transportation Impact Fees, Drainage Impact Fees, and Impact Fee Policy Options, and has been prepared by Duncan Associates of Austin, Texas. BACKGROUND In response to growth pressures, City Council Instructed staff to undertake a series of tasks intended to allow simultaneous and coordinated development of the comprehensive plan and implementation of impact fees The draft comprehensive plan is nearing completion (expected by May 1999), a-d impacts fees for water and wastewater treatment and storage facilities were approved by Council in September 1998, The same contract that authorized consultant work on the Population Forecasts, Growth Management Strategy, and WaterMastewater Facilities impact fees requires the produc+ion of a feasibility study for Transportation, Drainage, and related policy options The same consultant firm that developed the impact fees for Denton In 1998, Duncan Associates, has prepared the attached Impact Fee Feasib"ity Study (Exhibit A). Mr, James Duncan, the firm's principal, will attend the March 23rd Work Session to present the study's findings, and to answer Council's questions. OPTIONS Several options remain open for the Council. The most important aspect of the work session discussion will be the pursuit of any of the impact fee mechanisms listed In the study. Should Council want to engage in the preparation of additional impact fees, staff will develop a proposal, budget, and schedule for further Council review. RECOMNIENDATION The consultant study contains several recommendations and observations that will be summarked and discussed at the work session on April IP, Staffagrees that transportation impact fees should not be pursued, that drainage impact fees appear to be feasible or.ly for the southern ET) (Hickory Creek watershed) area, that a citywide drainage utility fee would address a wider range of capital needs for maintenance and replacement, and that care must be taken to r A determine the best policy choice when deciding how best to Implement the comprehensive plan City staff continues to research the potential effects of the water and wastewater line impact fee policy options Staff agrees with the study's conclusions, and recommzr is further discussion before Council decides on the course of action that should be taken I ca ' ESTIMATED SCHEDULE OF PROJECT Staff is prepared to respond to Council's instructions following the work session discussion. PRIOR ACTION/RE%IIE% The Information provided in Exhibit A has not been discussed previously by Council. FISCAL INFORMATION Fiscal information regarding the cost of different options Is provided within the report. Additional information will be provided as requested. EXHIBI Exhibit Impact Fee Feasibility Study, prepared by Duran Associates Respectfully Submitted: David M. Hill Director of Planning and Development t EXHIBIT A V i IMPACT FEE FEASIBILITY STUDY aaCa~l DENTONI TEXAS 1 1 t dunaanosooclates A"~ by ~ssooiaai wrlh ApPLIIO GlocwHIC TICHNOLOGI It ALAN PLUMMER AIIOCIATII f ~ MncA 1999 ' I r t c 3. i I t/ Contente i Introduction 2 Transportation Impact Fees: Not Recommended 2 Drainage lmp:ct Fees: Consider for Southern ET; and Cey-Wde Oility Fee I 4 Recommended Porky Options . . . 4 Trams,,.xtation Impact Fees 6 PART I: EXISTING CONTEXT 6 PART II: RECOMMENDED MEFHODOLOGYAND DATA SUFFICIENCY 6 Calculating I Inh Cost . 7 Establishing Service Units I 7 Determining Service Areas 8 Preparing Capital Improvements Plan 8 Calculating Travel Demand II Calculating Credits and Net Cost . 12 PART III: ADMINISTRATIVE CONSIDERATIONS 12 PART IV: POTENTIAL REVENUE 13 PART V: FINDINGS AND CONCLUSION I 14 Drainage Impact Fees 16 PART L EXISTING CONTEXT . 16 PART 11: RECOMMENDED METHODOLOGYAND DATASUFFICIF.NCY . . . . . 17 Calculating Unit Cost I I 18 Determining Service Areas I . . I . 18 Preparing Capital Improvements Plan . 20 Calculating Stormwater Demand . I . . . . . . 22 Calculating Credits and Net Cost . 23 Calculating Drainage Utility Feet 23 PART III: ADMINISTRATIVE CONSIDERATIONS I , 2•' PART IV: POTENI b1L REVENUE 25 PART V: FiNDINGi AND CONCLUSIONS . 25 Impact Fee Policy Options 27 P'vZT 1: GROWTH MANAGEMENT POLICIES . 27 Differential Fees by Service Area I . I 27 Density-Adjusted Fee for WaterMastewater Lines . 30 PART IL HOUSING AFFORDABILITY I 33 Variable Fees by Dwelling Size 33 Number of Water Fixtures . 33 Residential Lot Size . . . . 34 Number of Garages 34 PART Ill: REGIONAL COMPETITKNESS 35 PART IV: SUMMARY AND RECOMMENDATIONS , 36 Impact Fee Natibility Study/Oento:, Texas dunoan cissocVes March 18, 1949 4. . j t s Introduction This report reviews the feasibility of the City of Denton implementing impact fees for roadway and drainage facilities, The report also identifies various policy options for the design of "varloble rate" fees. In Texas, Impact fees are governed by Chapter 395 of the Local Government Code (the Impact Fee Act). Under that statute, impact fees are regulated for water, wastewater, droln sge and roadways. The City of Denton recently adopted impact fees for water and wastewater treatment facilities. This study addresses the feasibility of Impact fees for roads and drainage facilities, In order to develop logal Impact fees, the City would have to perform specified technical studies (see Figure 1) and enact fees through a series of public involvement activities. This study examines the feasibility of impact fees from several perspectives: • Adequacy of data for technical fee development • Appropriateness of fees for different geographic areas • Consistency with City's overall planning regime • Administrative ease and costs • Revenues and cost effectiveness • Faulty Based on the findings and analysis presented in this study, we recommend against the development of a transportation Impact fee. We also recommend that the City consider a drainage utility fee rather than a drainage Impact fee. Tile major conclusions of the feasibility analysis are summarized below, t transportation Impact Fees. Not Recommended There does not appear to be any compelling reason for the City of Denton to proceed with the development of a transportation Impact fee program, Most of the major road improvements that are needed are ineligible state roads, are already funded with approved bond issues or would likely be funded by developers through the existing exaction process. The City would need to be divided Into at least nine tronsportatic -t impact fee service areas, which would have widely varying fees. The City would also need an expensive transportation model to support and update an Impact fee system. A transportation Impact fee system would bo costly to develop, would not apply equitably throughout the city, and would not be able to fund a large number of improvements. Consequently, the City would probably be better served by relaWng its existing system of developer exactions for road improvements. I ~ ✓ Impact Fee Fusibility ftudylDenton Texas durtcs> n ossocUes March 18, 1999 5. iV y V Figure I Ca ital Improvements Plan Aequlrements Under the Texas Impact Fee Act _ § 395.014. Capital Improvements Alan (a) The political subdivision shall use qualified professionals to prepare the cal el Improvements plan aid to calculate the Impact fee. The capital Improvements plan shall contain specific enumeration of the following kem& (1) a description of the existing capital Improvements within the service area and the costs to upgrade, update, lmprovc, expand, or replace such Improvements to meet existing needs and usage and stricter safety, eHiclency, environmental, or regulatory standards, which shall be prepared by a qualified professional engineer licensed to perform such professional engineering services In the State of Taxes; (2) an analysis of the total capacity, the level of current usage, and commitments for usage of capacity of Me existing capital Improvements, which shall be prepared by a qualified professional engineer licensed to perform such professional engineering services in the State of Texas; (3) a description of all or the portions of the capital Improvements or facility expansions and their costs necessitated by and attributable to new development In the service area based on the approved land rise assumptions, which shall be prepared by a qualified professional engineer licensed to perform auch ungfreering services In the State of Texas; (4) a detinitivo table establishing the specific level or quantity of use, consumption, j generation, or discharge of a service unit for each ce,egory of capital Improvements or facility expansions and an equivalency or conversion table establishing the ratio of a service unit to various types of land uses, Including but not limited to residential, commorclal and industrial; (5) the total number of projected service ands necessitated by and attrlMoble to new development within the service area based on the approved land use assumptions and calculated in accordance with generally accepted engineering or planning critede; (6) the projected demand for capital Improvements or facility expansions required by new service units projected over a reasonable period of time, not to exceed 10 years. r - Impact Fee Feailbllltl ftudr/Oenron, Terar _ dtancen ossoclales March 18, 1999 C 6, t, f ~ i Drainage Impact Fees: Coodder for Southern ET) and C1tyWlde Utility Fee A drainage impact fee applied to the developing area of the Hickory Creek watershed south of the city could generate additional funds to acquire land or easements in areas of the floodplain that the City cannot require developers to dedicate. The City would first need to prepare a detailed drainage riaster plan of the area that complies with the impact fee act requirements. The City is about to spend $1.2 million on drainage studies that may be able to provide the needed data. The drainage master plan would need to bo based on the growth projections being developed as part of the current comprehensive planning process. A drainage impact fee fcr the City's southern LM could be combined with a citywide drainage utility fee that could help fund remedies to existing drainage problems as well as on-going maintenance costs. A drainage utility fee Is a monthly charge to all existing development, typically included on the utility bill, that reflects the cost to build and maintain drainage facilities to accommodate the runoff from Pach property, The studies required to develop a drainage utility fee would be much -npler and less expensive than those required to support a drainage impact fee. Recommended Policy Options There are two principal types of policy objectives that can bo addressed with "variable rate" fee structures: growth management and housing affordability. Impact fee systems designed to further growth management objectives tend to differentiate fees by geographic subareas in an attempt to encourage new development where it is most cost-effective to servo. Impact fee systems designed to further housing affordability objectives often focus on relating the fee to she size of the dwelling unit. I With respect to the line canponent of water and wastewater impact fees, the City needs to decide whether It is more important to keep fees as low as possible so as not to become less competitive for regional growth (i.e., not proceed with developing line impact fees), or to recover growth-related costs in order to fund line extensions needed to preserve its service area, The fees recently adopted only cover the cost of centralized treatment focihties, but due to the cost of ti:a new water treatment plant the combined foes are already among the highast in the state. If the City decides on the lalter approach, the next decision is whether to assess line fees uniformly throughout the City's service area, as allowed by slate law, or to divide it inio multiple Impact fee service areas. While drawing such boundary lines always poses some practical and political difficulties, we suggest that identifying a "served area" within which no line fees would be charged and a "growth area" that would be v Impact Fee Feasibility StudyjDenW Tewtr dunaan associates March 18,1999 { 1 R 4 subject to line fees would be more consistent with the Citv's commitment to { encouraging Will and redevelopment than a system-wide line Impact fee. Development of the lln9 component of the water and wastewater Impact fees should occur after the completion of the comprehensive planning effort that is currently underway. T',e growth fo,ecosts by small geographic area associated with the preferred growth scenario will be important Inputs into the water and wastewater master plans, which in turn will prodde the basis for the calculation of Ihs, line fees. i The density adjustment approach is most appropriate In areas wl^.ere the typical develor rent pattern is very low-denslty development occivring on the fringe or in outlying areas, and where the growth management policy is to encourage higher density and infill development. This description does not appear to be very representative of Denton, where development pressure is coming from the Dallas area and tends to be in the form of relatively small lot development. Consequently, the density adjustment dogs not appvcr to be very applicable to Denton. While transportation impact fees ace not reo=mended, in the event that the City does pursue them, it is recommended that they be designed to promote Income progre 9 sivity and housing affords rbility by including variable fees for single-family units depencitng on the size of the dwelling unit, This can Le done with additional studies that establish the correlation between urdt size and trip generation. / j l I i i c Imomt fee fenibllltr Stu4INntaxt read: dunoanasSO Wes Much is, 1999 i i ' s ~I f; Transportation Impact Fees This section provides an analysis of the feasibility of using transportation Impact fees E to finance growth-related roadway Improvements In the City of Denton. PART I: EXISTING CONTEXT Historically, major Improvements to Denton's transportation system have come from three primary sources (1) stale highway funds, (2) local general obligation (GO) bonds and (3) developer exactions. Private developers have had a key role, since, by ordinance, they are responsible for ensuring that the street system has adequate capacity to accommodate the traffic generated by the development. Denton's subdivision ordinance provides that: All developments shall provide for those streets, including new streets, the Improvement of existing streets and the associated improvements and rights-of-way which are necessary to provide adequate capacity to carry the traffic to be generated by the property at full development. 'Adequate capacity' shall mean a level of service C, as defined by the latest edition of the Highway Capacity Manual... (Sec, 34.114(4)a) In general, this means that developers are required to dedicate right-of-way (ROW) and construct any internal local or collector streetE vithin the subdivislon. In the case or planned arterials that run through a subdivision, the C+iy will gsna:, ;,y require only the dedication and construction of a collector cross-section, with roiinivreement or City cost participation In r.ny overslzing required for I. , arterial. Similarly, In the case of a new arterial along its perimeter of the development, the developer is required to construct 25 feet of pavement and curb and gutter adjacent to the subc'Ivision. Finally, , the developer may be required to make improvements to off-site streets necessary for sate vehicular movement, including patching, or asphalt overlays, g pa tch Provided that the developer's obligation for such improvements does not extend beyond the nearest intersecting arterial or collector. PART II: RECOMMENDED METHODOLOGY AND DATA WFFICIENCY Texas communities that wish to develop transportation impact fees must follow the guidelines established in controlling case law and in the state's impact fee enabling act (Chapter 395). Given these considerations, the task or developing valid transportation impact fees can be separated into three fundamental steps: 1. TF o local cost of adding a unit of roadway capacity must be calculated; , Impact Fee Fast bit Ity StudylDenlon Texan duncan associates March 18, 1999 I 9. { a 2. The Iravel demand associated with individual 'and uses must be identified and used as the basis for impact fee assessments, and 3. Final impart fee calculations must Le structured to provide credit for other (non-impact fee) contributions to capital facility finance. Current transportation planning documents for the City of Denton consist of the just- adopted Thoroughfare Plan Map component of the Denton Mobility Plan, the transportation element of the 1998-2003 Capital Improvement Program and the Draft 1999 Transportation Improvement Program prepared by the North Central Texas Council of Governments (NCPCOG). Calculating Unit Cost In Texas, the local cost of adding a unit of roadway capacity must be calculated on the baels of an adopted capital improvements plan (CIP), The CIP must cover a ten- year planning horizon and no more than a three-mile planning radius. Costs mt st ultimately be calculated on a per-service-unit basis, According to Section 395.014 of the state impact fee act, a CIP u, ed as the basis for impact fees must include an inventory and analysis of existing facilities, as well as a description of the growilrrelated costs of upgrading and expanding such focilitias. The ten-year time-frame imposed by the Texas act means that a CIP can Include only those improvements necessary to accommodate ten years of growth. Several "costs" can be Included In the CIP, including land and construction charges, engineering and survey fees and debt service. The value of any "excess" roadway capacity that is present in the existing system can also be Included In the CIP. An impact fee CIP may not, however, include the cost of state or federal transportation facilities, nor may it include the cost of operations, repair or ma',rtenance of existing or new facilities, Establishing Service Units Under the Texas impact feo act, roadway capacity and transportation demand must be expressed in equivalent terms. The act refers to such measurements as "service units." The typical service unit measure used in transportation impact fee studies Is vehicle;-miles of travel (VMT). For impact fee purposes, the capacity of a roadway segment can be calculated by multiplying the hourly vehicle capacity of an individual lane by the number of lanes in the segment. That figure can then be multiplied by the length of tho segment (in miles) to yield total segment capacity. Transportation demand can be also be expressed In terms of VMT. In doing so, two factors must be considered: (1) number of vehicle trips J r Impact Fee Feasibility StudylDentoan, rexar duncen associates March I8, 1949 f r 10, I tgenoraled by a development and (2) average length of a vehicle trip. The afternoon (PM) peak hour is typically selected as the time-Game for service unit measurements, although average daily travel can be used for impact calculations. i Hypothetical Roadway Capacity Hypothetical Roadway Demand (1.5-mile segment of Vane rosco f 01Wunit stn ledamtl sulon 500 vehicles per tour per tare (max. volume at LOS C) 1,000 unhs x 1.01 PM peak tour trips ends/day u 4 lanes x 1.5 mile + 2 trip end%W x 3-mile trip length -500x4x1.5 a 1,000x 1.01 +2x3 d 3,000 VMT per hour = I ,S 15 VMT per peak hour Determining Service Areas Like most impact fee enabling acts, Texas requires that planned improvement costs be calculated on the basis of geographic "service areas." Unlike most acts, however, Texas severely limits the maximum size of transportation service areas. According to Section 395.001 of the impact fee act, transportation service areas "shall not exceed a distance equal to the average trip length from the new development, but in no ovent more than three This requirement has been Interpreted to mean that the service areas should not exceed three miles In any dimension, The existing corporate jurisdiction of the City of Nnton, excluding some narrow strips, Is generally confined to a nine-mile by nine- ( mile square Consequently, the city would need to be divided into at least nine and possibly ten or more transportation service areas in order to satisfy this regtdrement of the impact fen act. Preparing Capital Improvements Plan [.Ike most communities, Denton does not have a capital improvements plan that completely satisfies the requirements of the Texas impact fee act, According to the Act, most of the technical analysis involved in preparing the CIP is to be performed by registered engineers. Developing the transportation CIP would involve the following tasks. 1. Inventory and description of existing roadways. The inventory zl:ould consist of a detailed list of all major Impact foe-eligible roadways In the City (non- federal/state arterl,io nd collectors). The bet should be categorized Into roadway segments an( 'rsalude Information on each segment's cross-section configuration, length, current traffic capacity and traffic volume. ! Al r, impact Fee Fenlbility StudylCJmtm, rexar cluncen dssoclotes March to, 1999 i 11. ~ i r' i Most of this information already exists in spreadsheet format in the City's road maintenance inventory. That Inventory includes all of the required informcrfion except number of through lanes and roadway capacity. The inventory does include pavement width, which does provide a good indicator of the number of lanes. The first step would be to cull out all roadways from the maintenance inventory that are not arterials or collectors. The second step would be to determine the number of through lanes for each major road segmr~nt. Once the number of lanes are provided by City staff, the pavement width could be divided by the number of lanes to estimate lone width. The capacity of each segment at LOS C could then be estimated using a standard capacity figure (e.g., 500 vehicles per lane) and the adjustment factors for lane width provided by the Highway Capacity Manual. Finally, current traffic volumes for each segment could be compared to the maximum service volumes at LOS C to Identify any existing capacity deficiencies. Updated traffic counts should be available for this purpose. In the event that traffic counts are for a 24-hour period, rather than for the peak hour, peak hour counts can be estimated using a localized peaking factor (e.g., 10 per ent of average daily trips occur Li the PM peak hour). i 2. Cost of capacity-exprnd(nt fmprowments. A description and analysis of major ' roadway improvements needed to accommodata future growth provides the heart of an impact fee CiP. Under the Texas act, this analysis Is to be prey ared on the basis of "land use assumptions," which include a "description of the service area and projections of changes in land uses, densities, Intensities and population in the service area over a least a ten-year period." After preparing a description of the roadway network necessary to accommodate projected growth, costs must assigned to needed Improvements. The City Is well on its way to developing the type of land use ussumptions, needed for an impact fee CiP as part of the current comprehensive planning process. On the basis of those growth forecasts, the City or a transportation engineering consultant would need to develop a capital impro -ement plan of the capacity-expanding improvements required to accommodate projected growth in traffic volumes while maintaining LOS C. The City does not have a computerized transportation model of the major road system. While such a model is not absolutely required for the development of r Impact Fee Feuibltity StudylDentan rew / duncen assoclotes March IB, 1999 12. I t transportation impact fees, it would provide a much more solid basis for the development of the impact fee CIP. City alaff estimates that development of such a model would coat in the neighborhood of $200,000 to $300,000. Such a model could be used in conjunction with the land use assumptions being developed for the water and wastewater Impact fee study to project future traffic volumes over the ten-year period required by the state impact fee act. A review of the Denton Mobility Plan mop adopted by Council resolution in December 1998 reveals that only a limited number of roadway improvements could be funded with transportation impact fees. Much of the major thoroughfare system Is either a state road and therefore ineligible for impact fee funding, already built to ultimate cross-section, or already funded with approved CIP bonds. City staff estimates that this leaves only about 15,000 feet of major arterials and 80,000 feet of secondary arterials that are potentially eligible for impact fee funding. Assuming that half of these improvements will be made by developers through the exaction process, and that the remaining half cross-section costs $200 per foot for major arterials and $125 per foot for secondary arterials, it is estimated that transportation impact fee revenues would be able to fund only about $13 million of road improvements, 3. Cost per VM?. The cost of transportation improvements needed to accommodate new development within impact fee service areas must ultimately be expressed ! in terms of total cost per VMT, freaking overall improvement costs down to that level requires an analysis of VMT supply and VMT demand over the CIF's ten- year planrdng horizon. "VMT supply" represents total VMT capacity included within the ten-year CIP, after subtracting existing capacity and deficiencies p.e., roadway segments where travel demand now exceeds capacity). "VMT demand" represents the amount of new travel expected to result from ten years' growth. Texcs law requires that impact fees be based solely on CIP-documented costs that are "nece ssitaled by and altributable to" new development. (Section 395.019). In order to satisfy this requirement, VMT demand must be compared to VMT supply. The ratio of new supply to new demand represents the proportion of new VMT cost that is attributable to new development. Suppose for example, that Improvements shown in on impact fee CIP will provide 10,000 new VMT, but the new development will "demand" only 8,000 new VMT over the ten-year horizon covered in the CIP. In this situation, only 80 percent of the total cost may be used in calculating the unit cost per VMT, since only 80 percent of the cost is "necessitated by and attributable to" new development. After r r' f ~ le_\ f Impett fee fesdblii_ Sludyl0Mtot; lens dunaenossoclaies Mara' ,1999 13. t' conducting an analysis of VMT supply and demand, a cost per VMT can be calculated by dividing total development-altributabl9 costs by total V1AT. The analysis described above must be conducted for each service area. As noted earlier, the city will need to be divided into a minimum of nine service areas. Also, as noted above, there are only a lfmfted number of improvements that could be funded with transportation impact fee revenues. Consequently, there are likely to be service areas where no eligible Improvements would be needed to serve growth over a ten-year period, and thus no Impact fee could be charged. Calculating Travel Demand Calculating growth-attributable cost per VMT yields the cost of one +tnft of VMT. In order to derive (gross) total cost attributable to a new development, It is necessary to multiply that unit cost of supply by the number of demand units associated with the land use type. Calculating trawl demand associated with different land use types constitutes the second piece of information required to develop valid Impact fees. Travel demand is a function of applicable trip generation rates and trip length estimates. Multiplying trip generation rates by trip lengths yields an estimate of total VMT associated with individual land uses. This VMT demand estimate Is multiplied by cost per VMT supply unit to yield a gross (precredii) impact fee that complies with the requirements of the Texas impact fee act. Trip generation rates by land use type can be gleaned from national data (e.g., Institute of Transportation Englneers' Trip Generation manual) or from local studies. Even if standardized trip generation rates are used, it may be possible to "localize" rates with local "pass-by" observations. Trip lengths used In the impact fee equation should come from local sources, since there Is no widely recognized national data source for average trip lengths that would be appropn yte for a community the size of Denton. It may be possible to obtain some 1 aver age trip'ength data from the transportation model 1 cit,g developed for the City by NC,TCOG. Another approach would be to sum the V1fT on the major road system (excluding state and federal highways) and divide by total trips generc'ed by existing land uses to determine a reasonable estimate of averas~e trip length, An et--fe Imm requires, however, In no case may the average trip lenslth exceed three miles. i "(try r Impact fee feasibility Studylfkn" Tern duncen ossoclotes March 18, 1999 14. ' C 1 t Calculating Credits and Net Cost L The Texas impact fee act requires that Impact lea calculations include credits for fee- paying developments' other (non-Impact fee) contributions to providing off-site infrastructure. Although the act does not specifically require that other financial contributions (e.g., property lax payments) be considered, impact fee case law and general equity considerations suggest that new development should not be charged twice for its impacts-once through impact fees and once through property taxes and other financial contributions. As a result of these considerations, it is recommended that any impact fees prepared for the City include appropriate revenue "credits." Property tax revenue generated by new development in Denton goes, In part, to retire general obligation (GO) bonds that are used to enhance the community's overall transportation capacity. Under the recommended transportation impact fee methodology, new development would receive credit for past and future property tax payments used to retire GO bonds that financed capacity-expanding roadway Improvements. The City maintains an excellent data base of financial information which could be used to calculate impact fee credits. Although some additional breakdown of the perce nt of GO bar d revenue that was used to fund 'capacity- expanding" roadway improvements would be desirable, it Is not mandatory. PART Ili: ADMINISTRATIVE CONSIDERATIONS Several administrative costs are associated with implementation of an impact fee program. First, there is the cost of developing the required CIP and Impact fee study. The City has an adopted Thoroughfare Plan Map and is in the process of preparing detailed ten-year land use assumptions and a written transportation element as part of the Denton Development Plan. However, additional transportation engineering analysis would be required to Identify existing capacity deficiencies and future improvement needs over the next ten years. For example, the City would probably need to develop a transportation model that would be able to translate growth projections in future traffic volumes. The Impact fee system will also need to be updated every three years as required by state law. Both the Initial cost of the travel demand model and the cost of Impact fie studles can be recouped through impact fees if they are prepared by outside consultants (Le„ non-city employees). Setting up the administrative and accounting pr,)cedures to be used in implementing the program will also entail some up-front costs, and there will be on-going personnel costs associated with fee collection and accounting. Denton currently has a water and wastewater impact fee program in place. The City's experience with implementation of this program suggests that the admtnistratlve costs associated with a transportation impact fee program would be fairly modest. i .d! r r Impact Fee Feasibility StudylDenton Texas duncen assoclotes March 18, 1999 15. I I 1 i ( IIII I h The costs associated with design and implementation of a transportation impact fee system in the City are estimated to total about $13 million over the next ten years (Table J). The following administrative costs were included in the estimates: 1 o Cost of CIP and ordinance (engineering, policy and logal assistance); o Cost of required public notices; o Cost of City staff involvement In conducting impact fee study and In establishing initial procedures (SD% FIE at $40,000 and 50% FrE at $24, 000); 0 On-going administrative costs (50% FIE at $24,000 and 1,5 FIE to operate and maintain the model at about MAW; and o Cost of required study updates. Table 1 [ stlmated Administrative Costs, 1999-2009 trans rtation Im sit Fees tem 1999 2000 2001 2001 2003 2001 2005 2006 2007 2008 2004 1999 ee Shidy h!rimtring 150,000 SO $0 so so s0 f0 s0 so so so $250.000 eetarouhatt f50000 SO SO 0 to so SO f0 $50.000 .e gal $5,000 to sa f0 f0 Sol so so 5.000 otk" s I ,100 SO so Sd s0 so so Ss 100 ee U rtes .4neeriml $01 $0 $0 530.000 30,000 30000 f0 90 to tAMUhen to s0 so $15,000 f0 $0 $25.000 25000 75,000 'e gal s0 $0 $5000 $0 So $5 000 f0 5 000 $ I S o00 Jotket SO $0 $1.1001 $01 SO S1.1001 Sol $01 $1.100, Sol $3,300 s m'rlistrttion r ersorml $32000 117,000 117,000 117,000 111A00 117,000 117,000 117,000 117,000 6117,000 117,000 1,202,000 T 100 17,00011 M000 IS 178. I II 11 I 1 PART IVs POTENTIAL REVENUE In the absence of an inventory of transportation improvements needed to accommodate local growth over the next ten years, it is Impossible to predict potential impact fee revenue with any degree of certainly, Transportation Impact fee levels from other communities provide a rough measure of possible revenue levels, although projections based on average data should be viewed as hypothetical values, since fee r e Impact Fee Feasibility 5tv*jpeMora, rexas dunaan associates March 18, 1999 { r levels vary widely from one community to the next. Perhaps more than any other single factor, local policy preferences aro responsible for these wide variations, as communities take very different approaches to growth marwgemt,nt and infrastructure cost recovery. A recent survey indicates that national average transportation impact fees are approximately $1,300 per single-family unit and $800 per multi-famlly unit. Commercial and Industrial Impact fees average about $2,400 and $700 per 1,000 square feet, respectively. However, due to the 3-mile maximum average, trip length and the likelihood that some service areas will not be able to charge an impact fee due to lack of eligible improvements, only one-half of the average fee will be a-sumed for Dento % able 2 presents transportation Impact fee revenue projections bassi on one-half of "average" impact fee levels and projected growth, based on the City's adopted land use assumptions for water impact fees. The calculations also assume that half of potential fees are given back to developers as credits for required roadway exacts-me. The potential net revenue over ten years is about equal to the $13 million in total eligible Improvements estimated nrlier, Indicating that the fees shown are probably the highest that could be justified. f Table 1 Projected Revenuer 1999.1009 1 Trans rtation Impact Fees Development Unit of Notontid Potpntw P,PC x,tiat Type Measure Fee Units Fe" Cndta : Net ua Sln fe•Fami Unt $644 10990 707000. 3,536000 53,515,000 MLJt-Faml Un t 413 9,030 $3,725,000 t 863,000 $196? 000 Commercial 1,000 .Ft 1212 9,500 $11,509000 $5755,000 5754EM , Irxlustrial 1,000 .Ft 364 5300 1927000 $964,000 963000 C MCK vk 1000 . Ft 797 3,W $3,108 000 $1.554,0W 1 554 000 Total 7 f 671 sourer, Fee per unit h one-half of average ke kom "6orW impact fee surrey by Dr. James Nd das d UrMrslty d Florida in Gaine04e. November 1998; growth projectlord kom City of Denton LW UeAm# pobrie k e 144fer COV 3ereke Area Aprt 22, 1998; cred;ts assumed to be 60% of potental fees, PART V: FINDINGS AND CONCLUSION Findlnjs Only a limited number of roadway improvements could be funded with transportation impact fea3. Much of the major thoroughfare system is either a state road and Impact Fee Feasibility StudylDenfon, Tewsr duncen associates March 18, 1999 17, 4 therefore Ineligible for impact fee funding, already built to ultimate cross-section, or already funded with approved CIP bonds. As a result, it is estimated that transportation impact fee revenues would be able to fund only about $13 million of road Improvements. Given the limited number of Improvements that would be eligible for transportation impact fee funding, and the large number of service areas, there will almost certainly be areas of the city where transportation impact fees cannot be charged because thero are not eligible improvements needed over the next ten years. Even for areas that do have some eligible improvements, fees are likely to vary significantly from one area to the next. The likely high variation Bi fees between geographic areas of the city 1 dictated by the requirements of the Texas impact fee act and the nature of Denton's road system make impact fees a less attractive option. Denton Is already fairly aggressive in its appr each to developer exactions for major road improvements, Developers are required to dedicate right-of-way and construct at least two lanes of perimeter arterials and four lanes for arterials that pass through their subdivision. In addition, developers are often required to make additional off-site improvements, including paving, signalization and Intersection Improvements. Impact fees that are designed to fund needed improvements to the arterial system will need to give developers ore-Alt for any such required improvements to the arterial system. 1 Given the City's aggressive developer exaction policy, actual transportation Impact fear paid by developers are likely to be relatively modest after credit has been given for the value of required arterial right-of-way dedication and construction. The City does not have a computerized travel demand model for its major road system. While not absolutely required, the development of such a model is strongly recommended to provide a firm basis for transportation impact fees. Development of such a model would entail significant cost, although the cost could conceivably be recouped through impact fees, Conclusion There does not appear to be any compelling reason for the City of Denton to proceed with the development of a transportation impact fee program. Such a system would be costly to develop, would not apply equitably throughout the city, and would not be able to fund a large number of improvements, The City would probably be better served by retaining Its existing system of developer exactions for road improvements. In the event that the City does decide to proceed with trar.aportallon impact fees, the development of such fees would need to follow completion of the comprehensive plan, Impact Fee Feuibility ftudylDenron Texas I duncel'11assoclotes March 16, 1999 I I SA. j n b Drainage Impact Fees This section provides an analysis of the feasibilihy of using drainage Impact fees to finance growth-related stormwater management Improvements in Denton. PART I: EXISTING CONTEXT As Is the case in most communities, Denton's drainage facilities and stormwater management activities have historically been financed with general revenue from property taxes. Developers are also responsible for addressing project-related stormwater facility needs, pursuant to Sec. 34124, Drainage Requirements and Design Standards, of the City's subdivision regulations, which cots forth the following requirements: All developments shall provide for any new drainage facilities, the improvement of any existing drainage facilities, channel Improvements or gradfng, or work which is necessary to provide for the stormwater drainage needs of the development Including but not 8mlfed to any drainage facilities, improvements or other work which is necessary to. a. Provide for the conveyance of all stormwater from the development when fully developed to an adequate discharge C point; b. Fulfill any purpose for which the requirements of this section are fmposed. C. Adequately protect the development from flooding, including the , effects of the one-hundredyear•flood; d. Properly control any increase in the upstream or downstream stage, concentration or water surface elevation caused by the development; e. Provide fur the conveyance of existing storm drainage flowing through the development. (34.124(d)(1)) Developers are also required to make improvements to off-site drainage facilities in cases where the development would adversely affect downstream properties or overload existing off-site drainage facilities. In some cases, on-site detention facilities may be required to reduce peak discharges; while in other cases developers may be Impact fee feasibility studylocnim r" ( dNnoon ossoclo}es March 18, 1999 !9. is required to participate In the design and construction of a regional detention facility. Developers may be allowed to pay a fee in lieu of Improvements in cases where the City's planned Improvements within the next two years would make the developer's improvement unnecessary and the delay in providing the improvement would not adversely affect the development or off-site properties. However, any fees paid must be refunded if not spent within five years on the required Improvements. Drainage and stormwater facility planning are not typically high priority issues, at least in relation to other community needs and with the possible exception of the days following major storm events. As a result, traditional revenue sources often provide an Inadequate source of funding for needed storm drainage facilities. In this context, communities are increasingly looking to alternative funding sources for needed drainage facilities. In recent years, two alternative revenue sources have received an increasing amount of attention: drainage utility charges and Impact fees. A drainage utility fee differs from an impact fee in that it Is assessed on all existing development, usually in the form of a monthly charge on the City utility bill. In contrast, an Impact fee Is assessed only on new development, typically at the time of building permit Issuance, Another major difference is that drainage utihty fees may be used to fund maintenance as well as capital costs, whereas impact fees are restricted to funding capital Improvements. PART II: RECOMMENDED METHODOLOGY AND DATA SUFFICIENCY Texas communities that wish to develop drainage Impoct fees must follow the guidelines established in controlling case law and in the state's impact fee enabling I act (Chapter 395). Given these considerations, the task of de-mloping valid drainage ] impact fees can be broken down into three fundamental steps: ' I 1, The local cost of adding a unit of stormwaler capacity must be calculated; 2. The stormwater runoff associated with individual land uses must be identified and used as the basis for impact fee assessments; and 3. Final Impact fee calculations must be structured to provide credit for other (non-impact fee) contributions to drainage facility finance, i Imptet Fee FoisiWity Stu_61Denima Texas - - - duncan assocloles March 18, 1949 20. t; Calculating Unit Cost ( In Texas, the local cost of adding a unit of capacity must be calculated on the basis of on adopted capital Improvements plan (CIP). The CIP must cover a ion-year planning horizon. In contrast to transportation impact fees, the Texas impact fee act does not impose geographic limits on the extent of a drainage CIP, other than to require that sorvice areas not cross drainage basins. According to section 395.014 of the state impact fee act, a CIP used as the basis for impact fees must include an inventory and analysis of existing facilities, as well as a description of the growth-related costs of upgrading and expanding such facilities. The ten-year time-frame Imposed by the Texas act means that an impact fee CIP can include only those drainage Improvements necessary to accommodate ten years of growth. Several "costs" can be included in the CIP, including land and construction charges, engineering and survey fees and debt service. The value of any "excess" capacity, if any, present in the existing system can also he included in the CIP. Determining Service Areas Ttte Texas impact fee act requires that drainage Improvement costs be calculated on the basis of geographic "service areas." Drainage service areas can include land located within the city and Its extraterritorial jurisdiction (1?17). Such service areas cannot, however, cross watershed boundaries. '[Drofnage] service areas may Include all or part of )arid located within the f political subdvisfon or Its extraterritorial Jurisdiction, but shall not exceed the area actually service by the storm water, drainage and flood control facilities designated In the capital improvement plan and shall not extend across watershed boundaries.' 14395.00I(9)) The City of Donlon Is located In the Trinity River Basin In north central Texas. The City and its Ely are drained by six major watersheds: Clear Creek, Cooper Creak, Hickory Creek, Lewisville Lake, Pecan Creek and Trinity River, Most of the city itself lies within the Cooper and Pecan Creek watersheds, with the limits of the s"71 extending inlo the Clear and Hickory Creek watersheds. The portion of the city within the Cooper and Pecan Creek watersheds has nearly completely developed, and little development is expected to occur In these areas In the future, Conversely, the Hickory Creek watershed is largely undeveloped and, with the construction of the Alliance Airport in northwest Fort Worth, Is likely to experience rapid growth in the future, The portion of the Clear Creek watershed within the Denton L`T) Is small compared to the overall Clear Creek watershed area. Only small portic no of the city lie in the Lewisville Lake and Trinity Ether watersheds. Impact Fee_Feaeibility StudylDemon texas duncan ossoclotes March 18, 1999 1 Z1. The six major watersheds are illustrated in Figure 3. Separate impact fee calculations would need to be performed for each of these areas, and funds collected in each area would need to be earmarked for expenditure within the same watershed. The City could Impose drainage Impact fees In only the undeveloped portion of one of the watersheds. For example, in the event that most new development was expected to occur in the undeveloped portion of the Hickory Creek watershed, and sufficient information was avallable only for that area for the calculation of drainage impact fees, such fees could be adopted and applied to this subarea of the city. Figure 3 Mayor Watersheds Denton, Texas t- 0~1, g y r--- r i a IIH1 •.7 1 f '/1, stiff 1 by fmLatt Fee Feelibility Studyl0enron l'exas duncanossoclotes March IA 1999 22. t I ~I Preparing Capital Improvements Plan Like most communities, Denton does not have a drainage facility capital improvements plan that satisfies the requirements of the Texas Impact fee act. According to the act, most of the technical analysis involved in preparing the CIP is to be performed by registered engineers. Developing the drainage CIP Involves the following tasks. 1. Inventory and description of existing drainage improvements. The inventory should consist of a detailed list of all major impact fee-eligible drainage improvements within the City and Its Ell. This list should be broken by watershed. The inventory should Include a description and analysis of existing deficiencies in the stormwater management system, since the cost of remedying these deficiencies are Ineligible for impact fee funding. The City has a Comprehensive Drainage Master Plan that was originally prepared in 1975 and was updated In 1990. The 1990 update extended the coverage area of the master plan to include approximately 77 additional square miles of primarily undeveloped land in the Denton planning area. The first phase of the plan Included revising and updating the drainage regulations and design manual, These criteria were revised in the 1990 update, increasing the design standard for open channel depth and culvert and bridge design I from the 25-year to the 100-year frequency storm. The plan includes an ( inventory of all existing major drainage facilities within the study area, including detention ponds, culverts and bridges. A field Inventory of the major drainage structures was performed to verify the location and size of the existing roadway culverts. Land use projections were utilized to determine the runoff coefficients associated with the ultimate development of the study area. The proposed drainage systems were conceptual and for the most part did not include cost estimates, An exception was an analysis, completed in 1989, of tho feusibility of regional detention facilities in the Hickory Creek watershed, which identified $15 million in Improvements for this 44,000-acre study area. Two more recent studies were conducted in 10913 for smaller, mostly developed areas in the Pecan Creek and Cooper Creek watersheds. These studies did Include cost estimates for Identified project needs that relate primarily to remedying existing drainage problems. Together, they Identified $33 million in needed drainage Improvements. 91io City's existing studies appear to have a relatively complete invenlory of existing facilities, and some analysis of existing deficiencies, However, Impact Fee Feasibility StudylOenron rexar duncan ossoclates March 18, 1999 23. k t' additional data on existing facilities would likely be required for an impact fee CIP. All existing facilities would need to be analyzed to determine the extent of existing deficiencies and the cost of the minimum-sized Improvement that would remedy the deficiencies. 2. Cost of capacity-expanding Improvements. A description and analysis of major drainage improvements needed to accommodate future growth provides the heart of an impact fee Cip. Under the Texas act, this analysis is to be prepared on the basis of "land use assumptions," which include a "description of the service area and projections of changes in land uses, densities, intensities and population Ira the service area over a least a ten-year period." (4395.0010)1• I The City is well on its way to developing the type of land use assumptions needed for a drainage impact fea CIR The comprehensive planning process now underway will include ten-year growth forecasts. These will need to be aggregated by watershed. After preparing a description of drainage facilities necessary to accommodate projected growth, costs must assigned to needed Improvements. i like most drainage master plans, the studies that have been conducted for the City of Denton are basod on build-out conditions, rather than a ten-year forecast. This is because drainage improvements, such vs bridges, are very expensive to enlarge and are almost always sized for ultimate development conditions. While individual improvements may be sized for ultimate conditions, however, the improvements that would be needed over a ten-year period could be determined bawd on growth forecasts by small area. Such forecasts are being developed as part of the City's current comprehensive planning effort. i Denton city staff are considering drainage impact fees as a potential source of funding for the purchase of buffer zones or conservation easements In developing flood-prone areas, as well as for the purchase and relocation of houses from existing flood plains. The purchase of land or easements for floodways in developing areas would appear to be an eligible use of drainage impact fees. However, the purchase and removal of houses from the existing flood plain would appear to be more In the nature of solving an existing problem than in creating capacity for new development, and would probably not be an appropriate use of Impact fee funds. 3. Cost per Service Unit, The cost of drainage improvements needed to accommodate new development within Impact fee service areas must Impact Fee Feasibility StudrlDenton, texas dunoon ossoclaies March I+), 1999 1 I i 24, . i 4 f ultimately be expressed In terms of total cost per service unit. Typical service units used in drainage utility fees and impact fee studies are acres of Impervious cover and Equivalent Residential Units (ERUs). Although acreage is a more typical service unit for drainage impact fees, ERU-bosed calculations are equally useful since both are based on impervious ground cover, which is a reasonably good indicator of stormwater runoff generation.. While the CIP will include ten-year growth projections and improvement costs, the cost per service unit should probably be determined from build-out costs and service units In order to ensure that new development over the next ten years Is not charged for the excess capacity that will be provided by oversized improvements. Consequently, the cost per service unit can be calculated by dividing total growth-attributable drainage facility costs by the total number of ERUs at buildoul. Texas law requires that impact fees be based solely on CIP-documented costs that are "necessitated by and attributable to" new development. (4395.019.(a)(3)). Since the cost per ERU is calculated by dividing the total drainage costs by total ERUs, the "growth-attributable costs" under this approach Is the percent of total buildout casts that represents the ratio of ERUs from new development to ERUs at build-out, While additional analysis should 1 be performed to determine more precisely the costs needed to remedy existing drainage deficiencies versus the costs to serve new development, this approach is conservative and is unlikely to overestimate growth-related costs. Calm, , ttormwater Demand As nt..id above, a drainage utility fee or impact fee should be based on some measure that Is related to the stormwater runoff that will be generated by a ' development. A simple approach is to equate runoff potential to the amount of Impervious cover, such as roofs and paved areas. A drainage utility. lea sibility study conducted for the City of College Station in 1993, for example, was calculated on the basis of one ERU per 1,680 square feet of impervious cover. While it has the virtue of simplicity, a drawback of the Impervious cover approach Is that It does not take into account that natural and pervious areas also shed water, although to a lesser degree than impervious areas. It is also likely to be much more simplistic than the methodology used in the drainage master plan to estimate existing and future runoff conditions. For impact fee purposes, It would be prudent to use a method of calculating runoff potential that is consistent with that used to develop the CIP to estimate impacts of individual developments in the drainage design manual. Impact Fee Faaiblitty Study/penron Texas dunoan ossoclotes March 18, t999 25. S• l 4 Generally, this method applies runoff coefficients to the areas covered by different types of land treatments In a development project. Calculating Credits and Net Cost 1 The Texas impact fee act requires that impact fee calculations Include credits for fee- paying developments' other (non-Impact tee) contributions to providing off-site Infrastructure. The act does not specifically require that other financial contributions (e.g„ property tax payments) be considered, although impact fee case law and general equity comideralions suggest that new development should not be charged twice for its Impacts--once through impact fees and once through property taxes and other financial contributions. As a result of these considerations, it is recommended that any Impact fe.s prepared for the City include appropriate revenue "credits." Properly tax revenue generated by new development in Denton goes, in part, to retire general obligation (GO) bonds that are used to enhance the community's overall stormwoter management system, Under the recommended drainage impact fee methodology, new development would receive credit for past and future property tax f payments used to retire GO bonds that financed capacity-expanding drainage improvements. The amount of such credit will be relatively small, since the City has only $7.3 million of outstanding debt on bonds issued for drainage Improvements. The City maintains an excellent data base of financial Information which could be used to calculate drainage impact fee credits. Some additional breakdown of the percent of GO bond revenue that was used to fund "capacity-expanding" drainage Improvements would be desirable, Calculating Drainage Utility Fees j As noted earlier, a stormwater utility fee is a user fee similar to a water or wastewater 4 fee, and is typically Included on the monthly city utility bill. Unlike an impact fee, a i` utility fee Is charged to all existing development, and can be used for either capital or operating expenses. Compared to drainage Impact fees, there are relatively few requirements for the calculation of drainage utility fees. The main requirement for a drainage utility is that the user fees should be related to the demand for service and that the fees should reasonably reflect actual costs to provide the service. In addition, drainage capital and maintenance operations and costs should be accounted for separately from other activities, such as street mointenance. A common methodology used to set drainage utility fees is to (1) determine drainage service units (e,g„ ERUs) per development unit (e,g„ dwelling unit, nonresidential Impact Fee Fessiblitty Study/orntoa. Texas duncen rassoclotes March 18, 1999 E E 26. I 4 acre) for several broad land use categories (e.g., singledamlly, multi-lamily, commercial, office and industrial), (2) multiply these by the existing number of development units in each category to determine total service units, then (3) divide the estimated annual drainage capital and maintenance budget by service units to derive the annual drainage fee per service unit. Several Texas cities, including Austin and San Antonio, have adopted drainage utility fees. The fee appears on the monthly utility bill and is earmarked for drainage purposes. PART III: ADMINISTRATIVE CONSIDERATIONS There are several administrative costs associated with implementation of an Impact fee program. First, there Is the cost of developing the required CIP and impact fee study, including engineering and legal fees and public notice requirements. Setting up the administrative and accounting procedures to be used in Implementing the program will also entail some up-front costs, On an on-going basis, there will be some personnel costs associated with fee collection and accounting. Denton currently has a water and wastewater impact fee program in place. The City's experience with implementation of this program suggests that administrative costs associated with a citywide impact fee program would be fairly modest. Moreover, the cost of Impact fee studies can be recouped through impact fees, if they are prepared by outside consultants (i.e., non-city employees). It Is likely that the City's administrative costs would be similar to those estimated earlier for a transportation Impact fee system. More difficult to estimate Is the cost of the engineering analysis that would be required to develop a drainage impact fee CIP that satisfies the requirements of the state impact fee act. The City Is planning to spend $1.2 million on drainage studies within the next year. It Is not known whether there will be adequate budget to address the impact fee analysis within this work effort. Administrative costs ossoclated with a drainage utility fee would be minimal, since the data on which the fee is based (dwelling units and nonresidential acres) should be readily avalioble from the Cay'e current utility billing information or from the county tax appraisal district, and since the fee could be added to the water and wastewater utility bill. Since the requirements for utility fees are much less rigorous than for impact fee, , study costs should be small compared to those required to support impact fens. Impott Fes Feaslblilty Study/Denim Texas ( duncen ossoclofes March 18, 1999 27, i I PART IV: POTENTIAL REVENUE There Is no national data on average drainage impact fees, because such fees are i relatively rare, when compared to transportation Impact fees, for example. Several communities we are aware of that have drainage Impact fees include Hernalillo County, New Mexico; Sandy City, Utah and Port Collins, Colorado, Our experience with drainage Impact fees suggests that thei-are generally about one-half the magnitude of transportation Impact fees. Hosed on the previous estimates of transportation Impact fee revenues, d.ainogo impact fees could generate as much as $13 million over the r ,xt ten years, or in the neighborhood of $1,3 million annually. The City currently spends about $2 million annually on drainage capital Improvements. Drainage utility fees are also relatively rare, although they have been gaining in popularity. In Texas, drainage utility fees have been adopted by Austin and San Antonio. Port Collins, Colorado assesses a drainage utility fee that is designed to fund both capital and maintenc rice costs. The monthly bill for a typical residence is $2.01 for maintenance and $3.68 for capital improvements. At these rates and based on existing residential development in the City of Denton, a drainage utility would generate about $2.2 million annually from residential development alone, and perhaps as much as double that once nonresidential development is taken Into account. PART V: FINDINGS AND CONCLUSIONS Findings Although the City has completed some drainage studies, additional engineering studies would be required to accurately project facility needs and costs in order to support drainage impact fees, The greatest outstanding data need is for a master plan and estimates of the cost of remedying existing deficiencies by.watershed. The cost of those bludies could be high, although the City has budgeted $1.2 million for drainage master planning that could provide all or a major part of the data needs. Drainage impact fees would have to be calculated individually for each of six rn~jor watersheds. Pees could generate somewhere In the range of $1.3 million annually, somewhat more than halt of the City's current annuo' capital budget for drainage Imp: ovemenls. A drainage ullllly fee could fund capital and operaling costs, without the service area, master planning and procedural requirements that pertain to impact fees, A monthly i t' Imput fee FealibElib Study/Qentor:, Texas duncan associates Ma,^ch 18, 1999 28. i i I i I fee of less than six dollars per household could generate $3 to $4 million annually to help fund drainage capital and operating costs. Conclusion A drainage impact fee applied to the cimoloping area of the Hickory Creek watershed south of the city could generate additional funds to acquire buffs r zones or conservation easements in developing flood-prone areas beyond what the City can require developers to dedicate. The City world first need to prepare a detailed drainage master plan of the area that complies with the Impact fee act requirements. The City is about to spend $1.2 million on drainage studies that maybe able to provide much of the needed data. The drainage master plan would need to include a 10-year CIP based on the small area growth forecasts being developed as part of the comprehensive planning process. A drainage impact fee for the City's southern MI could be combined with a city-wide drainage utility fee that could help fund remedies to exieltng drainage problems as well as on-going maintenance costs. A drainage utility fee is a monthly charge to all exlsling development, typically Included on the utility bill, that reflects the cost to build and maintain drainage facilities to accommodate the runoff from each property. The studies required to drvelop a drainage utility fee would be much simpler cmd lase expensive than those required to support a drainage impact fee. tA1$ 1' r: r ( Im ct Fee Feutblli ShAyjOentm rexas dunown ossoctotes March 111, I 29. c Impact Fee Policy Options This section identifies various policy options ovalioble to the City In the design of impact fees for water, wastewater, and transportation Impact fees. In particular, the policy options address the concept of "variable rate" impact fees. Impact fees can be designed to vary accordln,j to geographic factors (such as topography and soil conditions), residential density, dwelling unit size, housing type and other factors, There are two principal types of policy objectives that can be addressed with "variable € rate" fee structures: growth management and progressivity/houaing affordability. Impact fe3 systems dosigned to further growth management objectives tend to differentiate fees by geographic subareas in on attempt to encourage new development where it is most cost-effective to serve. Impact fee systems designed to further housing affordability objectives and to make the fees increase with household income focus on relating the fee to the size of the & relling unit, A final Issue concerns regional competitiveness. The City's recently-adopted fees are based solely on the cost of central treatmentldistributlon facilities, but are already among the highest water and wastewater Impact fees currently being charged in the state. Consequently, the City may wish to consider whether to proceed at all with the line portion of the water and wastewater Impact fees, h PART I: GROWTH MANAGEMENT POLICIES Differential Feel by Service Ares Probably the most common method used to align Impact fees with growth management objectives is to calculate fees Individually for geographic subareas. The , idea is that the fees will be lower in more developed areas where existing inf,•astructuro I i already in place, thereby encouraging Infill and redevelopment at higher densitlas, Similarly, fees will'.)e higher in outlying areas where roads and utility lines r,3ed to be extended, providing a disincentive to leapfrog and low density 1 sprawl on the urban fringe, The Texas impact fee act mandates that transportation and drainage Impact fees be calculated Individually for subareas o[ the jurisdiction known as "service areas." In the ccce of water and wastewater fees, however, it provides for the option of a system- wide service area encompassing the entire area served by the utility. The City has already chosen the system-wide approach for the treatment plant component of Its water and wastewater fees, The choice that remains to be made is whether to use a Impsa Fee Fessibllitf StudylDenton Trxu duncon associates March 18, 1949 30. r i ~ system-wido or area-specific approach to the development of the line component of the fees. Although road and drainage impact fees must be individually calculated by service area, it does not necessarily follow that there will be major differences in fees between areas. The choice of area boundaries and impact fee methodologies can be dk%signed to accentuate or minimize such differences. Consequently, even with these facilities the City has some policy latitude in the extent to which the fee f a designed to reflect geographic differences in the cost to provide service. The topographic basis for service areas is greater for wastewater and drainage facilities than it Is for water and transportation facilities. Stormwater flows downhill, so that watersheds make natural service areas in which drainage focililie s serve only the development it& locates in that watershed. This Is true to some extent of wastewater systems cn well, although these systems often use pump stations and force mains to transfer wastewater to treatment facilities that are not located downstriam f,om the development. Water distribution systems and road networks are much less sensitive to topography, although major geographic barriers such as rivers and lakes can isolate some sets of facilities to providing service primarily to development within a defined area. In the case of water and wastewater impact feK%s, it might seem reasonable to assume that the cost of distribution and collection systems required to serve a customer Increases with the distance from the treatment plant. However, basing thli fees on distance from the plant may not coincide with growth management objectives. Water plants tend to be located upstream from a community, while wastewater plants tend to be located downstream. The siting of treatment plants is a decision that is made by the City, and the choice between alternative sites may make it more or less expensive to serve a particular area of the community, In systems with multiple treatment plants and wastewater pump-overs between drainage basins, it may not even be possible to Identify which plant serves a particular area, For these reasons, the distance of an area from the treatment plant is not commonly used to develop differential water and wastewater impact fees. I , fir` Impact Fes Feasibility Study/CWtm Texas _ dunown associates March 10, 1999 11, l ~ M t. f i w Figure 4 A conceptually similar approach for Ada County Road Assessment Otstricts transportation impact fees Is to base i the fees on a variable average trip Mn length, which reflects the longer trips made by development in outlying o. r.am areas. In 1989, such a system was developed for the Ada County Highway District, which 1s a special a purpose agency with responsibility for all road improvements in the Bolse, Idaho metropolitan area. Outlying communities argued that their longer trip lengths were offset by lower right- of-way costs and greater use of R v freeways, which were not included in the impact fees. After making these adjustments, the road impact fees finally adopted had only relatively small differentials between the central city and outlying areas. The ACHE) Is now In the process of updating the fees, and Is moving In the direction of a uniform system-wide fee. This approach is not practical In Texas due to the limitation of a maximum average trip length of three miles, but the example illustrates some of the political difficulties in varying fees by area, particularly in the coi,text of multiple jurisdictions. The more common approach to differentlul fees by service area Is t i Identify rapidly growing areas where major infrastructure Investments are needed and to base the fees for those areaa on the cost of tha planned improvements. This approach Is the one most consistent vAth the Texas impact fee act, which requires the development of a list of improvement needed to accommodated projected growth over a ten-year period. In such approaches, the mostly-developed central area of the community, where few growth-related improvements are needed, is sometimes left out of the Impact fee system entiroly, It should be noted that the fees are not directly related to the aggregate cost of improvements In the service area. The Texas impact fee act precludes a pure improvements-driven approach, in xhich the fee is determined by simply divf3ing the cost of planned improvements by the projected growth in service units. Instead, one must divide the cost of improvements by the numbor of service units that the Improvements have the capacity to serve. Thus, the cost per sendce unit should be Impact Fee Fearibillty StudylDentan Texas duncan assoclotes March 18, 1999 32. k I i relatively similar between service areas unless there are extraordinary costly improvements required to serve particular areas. In general, the primary variation in fees will be due to lower fees in service areas where there is excess capacity and few improvements required. The arguments against variable fees by service area and in favor of uniform, system- wide fees are both political and practical. Politically, it is always difficult to draw a line and charge significantly higher fees on one side of the line than on the other side, even when there are significant differences in the average costs to serve the two areas. People located close to the boundary have a hard time understanding why they are being treated differently that their neighbors on the other side of the line. Practically, it is more difficult to design and administer an impact fee system with multiple service areas and variable fees. Multiple service areas also restrict the flexibility °n the use of funds by earmarking fee revenues for expenditure only in the area in which they were collected. r In Denton 's case, an approach that may be worth consideration is to define the areas that are currently served by existing major water and wastewater lines, and distinguish these "served areas" from the fringe "growth areas" where major line extensions will be required to serve now development. No line fees would be charged in the served areas, while line fees in the growth areas would be based on the cost of r planned water transmission lines and wastewate: interceptors required to serve projected growth in these areas. The cost of approach matns would continue to be funded by developers with pm rata agreements if they are oversized to allow other developers to connect to the system. 1 It should be noted that development of the line component of the water and wastewater Impact fees should occur after the completion of the comprehensive planning effort that is currently underway. The growth forecasts by geographic area associated with the preferred growih scenario will be important inputs Into the development of a water and wastewater master plan, which In turn will be used in the calculation of the line fees. Density-Adjusted Fee for Water/Wasttwater lines The density-adjusted fee, also known as an acreage fee, is intended to provide an incentive to reduce sprawl by encouraging higher density residential development. This approach to charging impact fees for water and wastewater lines recognizes that louver density development is more expensive to serve. Since only line costs are affected by density, water and wastewater impact fees must be disaggregaled into treatment works and line components. c , Impact Fee Ffssibility study/Denton Texas duncan ossoclat©s March 18, 1999 33. l i `J The cost rationale for the density adjustment is that, in general, water mains and wastewater interceptors are sized to accommodate the build-out of a fixed geographic area at an average planned density. By their nature, these major line costs are more strongly related to the number of acres served than to the number of units served. If development occurs at a lower-than-expected density, the costs of the unused line capacity must be paid by either all new customers through higher impact fees or else by all customers through higher volume charges. Consequently, to help ensure that line costs are recovered from benefitting development, the line component of the water or wastewoter impact fee is adjusted in direct proportion to each development's relationship to the average density. ~ I For residential development, the line component of the water or wastewater Impact fee would be determined according to the following formula: Line Fee per Residential Unit - Average Interceptor Fee per Unit x (Average Density T Project Density) Figure S Suppose a wastewater fee of $1,000 Hypothetical Density-Adjusted Fee per unit consists of two-thirds treatment cools and one-third interceptor costs. At an average density of three units per acre, $e No _ . Interceptor costs are $1,000 per acre. N tin. -I ~ A single-family subdivision developed atone unit per acre would pay a tine D00 fee of $1,000 per unit and the standard K.,,~ treatment cost of $667 per unit for a 65o0 total of $1,667; while a multi-family TMt"Mt NiM Cab project at ten units per acre would pay a line fee of $100 per unit plus the standard treatment cost of $667 per ' r D.Mtty tUm b?AOret T s e unit for o iota! of $767 per unit, . While [his formula may appear complicated, it is essentially just a way of converting a cost per unit into a cost per acre. For example, the formula indicates that a project that develops at one-half the average density pays twice the average fee per unit. Similarly, a project that is twice the average density pays one-haSE the average fee per unit. The result is the same as charging a standard fee per acre. r~ kr. ;r- Impact Fee Feasibility Study/Dentco Texas dutnCan =ociates March 18, 1999 34. f i( One difference between the density adjustment and the more traditional acreage fee is that a straight acreage fee would subsidize water-intensive commercial and Industrial uses. The density adjustment, by its very nature, can be applied only to new re-idential customers. The fee-per-acre approach to recouping interceptor costs is actually not a new concept at all. Many utilities have long charged a standard 'acreage fee' at time of platting to recover water and wastewater line costs. For example, the Town of Garner, North Carolina in the Research Triangle area charges a sewer acreage fee of $1,092 for lines plus a $4 per gallon sewer treatment plant capacity replacement fee. Acreage fees are a simple and direct method of recovering the fixed costs of water and wastewater lines from the development of areas served by such lines, and have the additional feature that they can be collected in advance of actual building construction, since they do not require Information about the type of development. The density adjustment should be revenue-neutral, since it is designed to allocate the average cost of interceptors In a way that reflects the relative costs to serve residential developments of various densities. Consequently, the adjustment should be based not on a policy-driven or desired density, but rather on the actual average densi y of new residential development connecting to the system. To ensure that the density adjustment does not result in fees that are lower or higher than they should be, the City could begin collecting density information on new water and wastewater customers prior to Implementing the density adjustment. Three to six months worth of such data should provide a reliable benchmark for the average density to be used in the adjustment. The average density would need to bu defined In a manner that can be consistently applied to new customers in determining the fee. To avoid having to refer to the subdivision plat for every lot connecting to the system, density could be dehued In terms of the area of the individual lot. Once a density-adjusted fee has been paid on a lot, any subsequent fee for a redevelopment project would only need to be charged for additional treatment costs, since the line portion would already have been paid for the entire lot area, While the density-adjusted fee could promote equity by more closely aligning fees with the cost to provide water and wastewater lines, the major advantage is that it could help promote land use objectives. By providing an Incentive for higher density development, it could support policies to encourage Infill, Intensification and redevelopment of the urban core, as well as the consumption of less land for new suburban development, By itself, however, the density-adjustment Is not likely to have a Impatt Fee Feasibility StudylUenron, Texas dulncatn associates March 18, 1999 35. r I a significant effect on the pattern of residential development. But if applied in concert ! with other density-related incentives (such as a fee per acre for non-point source pollution, for example), it could have some effect. PART II: HOUSING AFFORDABILITY j Variable Fees by Dwelling Size Most impact fee systems charge reaidential development based on the number of dwelling units. While many of them distinguish between types of dwelling units (e.g., single-family detached), most are insensitive to the size of the dwelling unit. Yet the size of the dwelling unit is more strongly related to the Impocl on many types of facilities than the type of unit. (Salt size is also strongly correlated with housing price and with household Income. Impact fees that are Insensitive to unit size can be much more easily absorbed In the price o[ a more expensive home. It has also been alleged that "one-size-tits-all" impact fees have priced more affordable housing products out of the market in some communities. In an attempt to make impact fees more "progressive" (I.e., related to ability to pay) and to promote affordable housing, some communities have adopted impact fees that increase with the size of the dwelling unit. Generally, this has been justified based on i the correlation between unit size and the number of people living in the household, and has been done for those types of facilities for which demand is related to household residents (e.g., parks and schools). Palm Beach County, Florida and Fort Collins, Colorado have been pioneers in this approach. In Texas, however, state law precludes the use of impact fees for the types of facilities mott strongly related to the number of household residents. Consequently, we will focus on the experience with similar approaches for the types of fees authorized in this state. Number of Water Fixtures Water and wastewater impact fees are often assessed, not on the basis of dwelling unit typa, but on the basis of the slze of the water meter, However, since most single- family units use the smallest water meter regardless of the size of the dwelling, the effect is the same, An alternative approach to water meter size is the number of water fixtures installed in the home. Since larger homes tend to have more bathrooms and water-Intensive appliances, this approach would have an effect similar to charging by unit size, Hov,ever, it is more difficult to implement and administer than the more traditional meter size or unit type approach. r d , Impact Fee Feasibility StudylDenw Texas dunaan associates March 18, 1999 36. i Residential Lot Size In 1996, the City of Scottsdale, Arizona adopted an innovative system of water and wastewater impact fees that charge new single-family residential customers based on the size of the lot. The system was based on studies that determined that lower density residential developments hove significantly higher peak water demands, due prima. dy to the irrigation demands for their much larger lawns. Low density housing was also found to have higher wastewater generation, but the differences were much less significant than for water demand. Scottsdale's wales development fees range from $783 for lots smaller than 4,000 square feet to $7,332 for five-acre lots, plus an additional $37.41 per 1,000 square feet over five acres. Its sewer development fees t start at $1,625 for lots less than 4,000 square feet and are capped at $2,465 for lots of I three a.:res or more. Dedicated open space or scenic corridors and areas zoned for conservation open space or hillside conservation are excluded from the lot area used in calculating the fees. Number of Garages Most road Impact fees are based on national data on trip generation rates published in the Institute of Transportation Engineers (I717E) Trip Genera'+on manual. The 171E manual gives a rate for single-family developments, but does not provide differential rates by unit size. Consequently, most road impact fees charge one rate for single- family units, regardless of the size of the unit. However, some additional data Is available. The 1TE manual provides trip generation rates for single-family detached housing based not only on a per unit basis but also on a per person and per vehl.Ie basis. A 1985 study pe:tormed by the Federal Highway Administration developed adjustment factors for average weekday vehicle trip rates for residential land uses and their associated demographic characteristics, including household size and I vehicle ownership. i Table 3 Tri Generation Adjustment Factors for Sin le-Famil D"elo ments Characteristic o . Ad tiFMi# fd Tri Rile Average Househod Size less than Two Persons -14 Averse Household Size 2.3 Persons. .1.8 Average Househod Size Greater flan Three Persons 0.0 Averse Vehi.les Owned less than Ore -1.5 0.0 Owned t • 2 A era a Veh ties Awry a Vehicks Owned Greater than Two 2.9 Source: U.S.Department ofTransportation. FederalHighvAyAdministration, DeAgcpnnentandApi0katunc/Tno Generation Rates, January 1985 (adjustment factor to be added to avenge weekday Venice trip generation rate per unit; any combiraton of adjustment factors may be appled), cited in 17 E, rro Ge-zoom. Fifth Edition, 1991, p. 256, t, Impact Fee Feasibility Study! enton Texas duncan associates march 18, 1999 37. ` This kind of information could be used to develop transportation Impact fees that vary by unit size, or at least by some characteristic that is correlated with unit size. Once such characteristic is the number of garages, which is a tangible manifestation of the number of vehicles owned. Jefferson County, Colorado's traffic Impact fee, for example, charges $1,207 for a single-family dwelling with a garage for two or fewer cars, and $1,604 for a single-family unit with a three-car or larger garage, based on the adjustment factor from the 1TE manual for households with three or more vehicles. The City of Greeley, Colorado, adopted road impact fees that vary by the size of the dwelling unit, also based on the nE adjustment factors shown above and information on the size of single-family units, which averaged about 1,800 square fee. Table 4 In It-Family Road im act Fees, Creeley -7 Estimated Trip Rate Avenge Maximum Stngle•famlty Dwelling Size Adjustment Daily Impact Characteristics Ran Factor Trip Rate Fee More than 2 VeWes ea er shah 2300 fu 2190 12,45 $1,377 Household5re >3 1,500.2,500 .tL 0,00 935 1,057 Household Size < 3 less than 1,500 IQ t ..260 6.95 770 52V= , lames Duncan and Auaiates, RoadW Are lrrW fee R dyRx 6e CydGmky, Ccb-aola December 1996. The examples cited above represent about as much as can be done in the way of varying fees by unit size or related characteristics without some additional local studies. PART III: REGIONAL COMPETITIVENESS Many communities, even rapidly-growing ones, perceive themselves to be in some degree of competition with their neighbors for development. Consequently, it is typical for declsion-makers considering the adoption of impact fees to have an interest in the Impact fees their neighbors are charging. This information may affect whether the community adopts any impact fees, or at what percentage of the maximum level the tees are adopted. The City's recently-adopted water and wastewater Impact fees are based solely on the cost of central treatment/distribution facilities, but are already among the highest water and wastewater impact fees currently being charged In the state. This is due to the relatively high water impact fee, which reflects the cost of the new lake Ray r impact Fee Feasibility StudylppNonr Texas duncan associates March 18, 1999 38. Roberts Water Treatment Plant, as well as the Improvements needed to tie that plant into the water distribution system, The combined fee of $2,527 per single-family unit if) the highest in the region, according to a survey by City staff, A 1993 surrey of water and wastewater impact fees In Texas, prepared by Rimrock Consulting Company, found that the highest combined fee in the state was $2,595 charged by Round Rock. The City Is currently In competition with the Upper Trinity water district for large tracts of land along its southern Ell. The Upper Trinity does not charge water or wastewater impact fees, and has made some significant investments in lines to serve the area. While the City's current impact fees provide an incentive for developers to seek water serice from Upper Trinity, the fact that Upper Trinity has been more aggressive than the City in installing lines in the area is perhaps a more important factor. Instead of deferring line fees to avoid creating more disincentives to developers, the City could take the opposite approach, and use the revenu,:.s from line impact fees in the growth areas to help fund an aggressive line extension policy. PART lY: SUMMARY AND RECOMMENDATIONS With rerpect to the line component of water and wastewater Impact fees, the City needs to decide whether it is more important to keep fees as low as possible so -is not to become less competitive for regional growth (i.e., not proceed with developing line Impact fees), or to recover growth-related costs in order to fund line extensions needed to pro serve its service area, If the City decides on the latter approach, the next decision is whether to assess line { fees uniformly throughout the City's service area, as allowed by state law, or to divide it into multiple impact fee service areas. While drawing such boundary lines always poses some practical and political difficulties, we suggest that Identifying a "served area" within which no line fees would be charged and a "growth area" that would be subject to !Ine fees would be more consistent with the City's commitment to encouraging Infill and redevelopment than a system-wide line impact fee. It should be noted that development of the line component of the water and wastewater impact fees should occur after the completion of the comprehensive planning effort that is,.urrently underway. The growth forecasts by geographic area associated with the preferred growth scenario will be Important inputs into the development of a water and wastewater master plan, which in turn will be used in the calculation of the fine fees. Impact Fee Featibitity StudylDentog Texas { duncan associates March 181 1999 39. ' j U t The density adjustment approach is most appropriate in areas where the typtccd development pattern is very low-density development occurring on the fringe or to oullytny areas, and where the growth management policy Is to encourage higher j density and Will development. This description does not appear to be very representative of Denton, where development pressure is coming from the Dallas area and tends to be in the form of relatively small lot development. Consequently, the density adjustment does not appear to be very applicable to Denton. Wtdle transportation impact fees are not recommended at this time, in the event that the City does pursue them, the City should consider designing them to promote income progressivity and housing affordability by including variable fees for single- family units depending on the size of the dwelling unit. This can be done with additional studies that establish the correlation between unit size and trip generatlon. These studies could either be direct trip generation studies of neighborhoods with different average unit sizes, or indirect studies of the link between unit size and characteristics that are in turn related to trip generation, such as household size and trip generation. I r I 1 , r, Impact Fee FeasibYity StudylD&*- k Texas duncan assoclotes March 18, 1499 ( I 1 40. i t' AGENDA INFORMATION SHEET Ap*hn e` Do - 3' AGENDA DATE: April 1^ 1999 DEPARTMENT: Planning & Development CMJDCM/ACM: Rick Svehla " B E Receive a report, hold a discussion, and give staff direction regarding Parks, Recreation & Open Space, Urban Design, "The Street", and "The Edge" Sections of the Draft Comprehensive Plan. 4 A_ . Ci The April 13` , 1999 review session for the draft comprehensive plan will be devoted to the four chapters listed ebo-, e. The topics for review have been changed as compared to the original E review schedule, but the entire draft plan will be presented to City Council within the original timeframe Some of the chapters have been moved forward to provide more in`ormation regarding policy implications currently being discussed with respect to ongoing annexation proceedings. This is the third in a series of five scheduled review sessions. The comprehensive plan is the culmination of the Denton Plan Process, which -,vas started in July 1997. Extensive work on plan components has b-en completed, including Existing Conditions C and Forecasting research, adoption of the Planning rolicies in April 1998, and adoption of the Growth Management Stral.egy in January 1999. The comprehensive plan has been organized into several chapters, and six review sessions have been scheduled for Council review and discussion, By May 21e, 1999, the draft review process will be finished, and pending Council direction, staff will offer the ptan to the public for review and comment. RECOMMENDATION The intent of Council review of the draft is to prepare the plan for public review. Council is not being asked to deliberate on the plan until public comments are available. Revisions will be made as per Council instructions, and other improvements will be made as additional chapters of the plan become available A staff recommendation will be made when the draft plan is complete ESTIDIAT0 SCHEDULE OF PROJECT The City Council review schedule for the draft comprehensive plan is conf , ned as shown, r' Specific dc.s for other events listed below will be proposed tithe process continues. k ' I 1 t' c City Council ( Meeting Date Dr f{t t Comprehensive Plan Ch3glers to be Reviewo March 3t)'t', 1999 Infrastructure Chapters (Transportation, Water, Wastewater, Stormwater Drainage, Solid Waste, Electric Utilities) April 13`s , 1999 Parks & Open Space, Urban Design, "The Street", & "The Edge" April 27`s , 1999 Environmental Management, Public Facilities, Economic Diversification, Historic Preservation, "Thresholds", "School Districts', "Maintenance/ Enforcement", & Public Participation May 2111, 1999 land Use Chapters (Residential, Commercial/Retail, Office, (CC Retreat) Industrial, Special Districts), Recommended Land Use Plan, Implementation Strategy June - August 1999 Public Review Process August 1999 Planning & Zoning Commission Public Hearing(s) and Recommendation September 1999 City Council Public Hearing(s), Revisions, and Adoption PRIOR ACTIQN/RE"EW July 1999 Denton Plan Process approved by City Council and P&Z April Ts, 1999 Planning Policies adopted by City Council 1 January 10, 1999 Growth Management Strategy adopted by City Council February 23rd, 1994 introduction / Growth Management Strategy Review Session FMCAL INFORMATION Forecasting and Growth Management Strategy tasks were recently completed by the city's consultants. The remainder of comprehensive plan work will be completed by city staff. All departments are involved in the preparation of the plan. A fiscal impact analysis will be included in the body of the draft comprehensive plan. EXHIBITS Draft Comprehensive Plan Notebook (provided separately) (Note to Counctldfembers: The notebook Is assembled to allow staff to continuously update Its contents. Staff cart either change our sections as new chapters or revisions become atailable, or we can dellsyr the Inseris foryou to Chang. yourself Please return the notebooks to the City Secretary's office at least one week In oa%ance of the next comprehensim plan review session If y»u want staff to update your notebook for y»u. Thanks. IF r Respectfully Submitted: r I f f' n avid M. Hill Director of Planning and Development 2 ` 1 cy . L e { TABLE OF CONTENTS Draft' Denton Comprehensive Plan April ]Y',1999 111 IN fill- Revised March J01", 1999, except as noted L Message from the Mgyor and City Council (Review Pending) Page 1 11. Message from the City anager (Review Pending) Page 2 Ill. Denton Plnnin Page 2 A. Denton's Charter 0. Denton's Planning History IV. Statement of l'Pt2?4SS Page S A. The Planning Process B. The Comprehensive Plan & Development Process C. City of Denton Vision Statement D. Planning Policies E. Public Involvement V. Existing Conditions and Geogaphic Context Page i l A. Regional B. City of Denton E VI. The &jk=1gy Page 21 A. Land Use B. Tax Base C. Employment D. Sales E. Household Income Revised March 30', 1999 1. City Background Page II. Market Position Page I 111. gppuiation Overview Page 2 IV. Holding Capacity Paget V. Fopulation Estimates Page 3 VI. Growth Areas Page S i A, 1 i+ i~ Revised March 30-, 1999 ` 1. Development Suitability Page I A. Development Suitability B. Composite Analysis It. Alternative Development Scenarios Page 4 A. Corridor Scenario B. Urban Centers Scenario C. Neighborhood Centers Scenario D. Compact Growth Scenario III. Growth Management Strateav Page 6 A. Policies B. Growth Management Strategy Assumptions C. Specific Aspects if the Growth Management Strategy IV. Implementation Tools Page 13 City Council Retreat May 11 ,1994 City Council RelreW May 21~,1999 i ~11111 0111111H 11 0 Ill ( Clry Council Reheat May ;1-, 1999 i City Council Retreat May 11 ,1999 Clry Council Retnrot May 11 ,1999 Cq Council Review April Jr, I 99 r 1 is I ' v. ON Cosine! Review Match , MY 1. Introduction Page 1 it. Lriating Conditions Page 2 111. Policies Page 3 IV. Goals and Strategies Page 4 A. Environmental Stewardship B. Changing sir Managing Travel Demand and Travel Behavior C. Land Use and Transportation D. Use of Streets E. Level of Service F. Parking 0. Transit H. Pedestrians and Bicycles 1. Moving Goods and Services J. Municipal Airport K. Intelligent Transportation Systems L. Transportation Financing E City oune! Review Mach 30m, 1999 1• jQgducti4p Page I It. Existing Cond&n1 Page A. Water Supply Reservoirs B. Elevated Storage C. Ground Water Supplies D. Lake Lewisville Water Treatment Plant E. Mains F. Pump Stations 0. Distribution System Ill. Policies Page 9 IV. Goals and Stratr~s Page 8 A. Water Supply B. Water Treatment C. Water Storage w D. Water Distribution E. Water Conservation and Reuse t i r' f FAN f y oanc Review arch , l I bkQdg n Page I ]I. Exiuing C i i a Page 2 A. Centralized Treatment Facility B. Pecan Creek Basin C. Cooper Creek Basin D. Hickory Creek Basin E. Clear Creek Basin 111. Policies Page S IV. deals end Strate " Page 6 A. Wastewater Reuse B. Surface and Groundws!er Protection C. Environmental Impact Model i RUN OEM LYty Coun Review arch 9 , 1999 1. Introductio Page 1 Existing Conditions Page 2 1. Policies Page 4 IL Goa1a and Stratea Page 4 { y council Review March 3ro 1999 1. Inttoduct' Page I Il. Exiatina Conditions Page I A. The City of Denton Landfill B. Waste Collection C. Recycling Center III. Policl Page 2 IV. deals ant Stratyg(~j ! je 3 A. Collection B. Envirorunental Protection C. Recovery and Reuse i r a City Counci Review arch 3 ,1999 1. n uc ' Page 11. Existing Conditions Page I A. Service Territory B. Generation C. Transmission, Distribution and Fiber Ili. Policies Page 2 IV. Goals and Strategies Page 2 A. Provision of Electric Utilities B. Environmental Sensitivity C. Development and Maintenance CiryCounell Review April 11', 1999 1. Introduction Page 1 It, Existing Conditions Page I A. Inventory of Properties & Facilities Page I B. Existing Service Plans & Strategies Page 3 C. Planned Capital Improvements Page 3 D. Summary of Citizen Survey Results Page 4 E. Emerging Trends in Park & Recreation Services Page 4 III. Plannin¢ Policies Page 5 1V. Facility & Service Standard s Page S A. Park Classifications, Acreage Standards & Service Elements Page S B. Facility Standards Page 6 V. Implications of the Growth Management Strateg9 Page 6 VI. Goals & Strategies Page 9 A. Distribution of Parks Page 9 B. Park & Open Space Acquisition Page 10 C. Financial Effectiveness Page 10 D. Responsiveness Page 10 ORRIMMIrl Evil 11 11111WI City Council Review April 37-j 1999 City Council Review April1 , 1999 i City Council R ew Aprii ,1999 1. Introduction Page I IL Urban Design Character Analvsls_ Page 2 A. The Image of the City. Legibility Page 2 B. Movement Through the Urban Environment; Permeability Page 7 C. Buildings & Character Page 8 D. Opportunities & Constraints Page 9 Ill. Urban Design Policies Page 12 IV. Design Goals & Strategies Page 13 A. Urban Structure Page 14 B. Urban Design Page 17 C. Architectural Design Page 21 D. Context & Distinctiveness Page 26 E. Development in Environmentally Sensitive Locations Page 28 F. Public Art Page 29 0. Urban Design Diagram Page 30 V. Specific Design Guidance Page 31 A. Conservation of the Historic Environment Page 32 B. Transportation Infrastructure Page 35 C. Neighborhood Districts & Mixed Use Design Page 38 D. Signage Page 40 E. Communications Page 41 F. Monitoring; & Evaluation Page 42 I City Council Review April 3,1999 City Council Review April 1 , 1999 ' 1. [nItoduction Page 1 11. Street Development Page 2 A. Neighborhood Streets & Alloys Paget B. Collector Streets Page 6 C. Arterials Page 10 D. Street Standards Comparison Page 12 E. Retrm?t & Reconstruction Page 13 Ill, Utilities in the Street & Alley Page 13 A. Neighborhood Streets Page 13 B. Commercial/Mixed Use Center Collectors Page 14 C. Arterials Page 14 i D. Shared Duct Banks Page 15 IV. Street Aesthetics Page IS A. Materials Page IS B. Lighting Page 16 C. Signage Page 16 D. Landscape Design Page 16 E. Furniture Page 17 I F. Transit Page 17 0. Information System. Page 17 H. Public Parking Page 18 1 1. Public Art Page 18 1. Urban Design Page 18 City Council Review April 13', 1999 Page 1 !I. i t'n ) i i Page 2 Ill. General PAies Poe 4 IV. Specific Policies Page 4 V. Recommendations Page S f ouncii Review April 27, 1900 Cltyrr etreet May 21', IM OMMM q Council ewApril l , 1999 (Try Council Review Ap 1999 City Council Review April 7 9 1 • r I I Draft Denton OMDrehensivePlan Agri113 1999 , t Section 16 ■ Parks, Recreation and Open Space 1. Introduction Urban open space includes lands that may be publicly or privately owned, developed with recreation facilities or a preserved natural landscape, as small as a house lot or thousands of acres in size. While privato open space and recreation facilities are important elements of urban design and aesthetics, this chapter addresses only the public sy stem of parks, recreation facilities and open space. Attractive, safe and well-maintained public parks, open spaces and recreation facilities are essential elements of Denlon's image and quality of life. If strategically placed and equitably distribcted, they can provide awide arrayof opportunities for both individual and community enrichment, In addition, parks and open spaces may serve to protect environmentally sensitive lands from the potentially harmful ef- fects of urban development, while preserving the recreation and transportation benefits these lands may offer. Parks and open spaces are places to play, to relax, to enjoy the natural environment, to connect socially with others in the community. They can define a neighborhood and provide a cultural and historical focal point, as does Fred Moore Park. If properly designed and maintained, parks can enhance the economic value of nearby properties. Linear open spaces can be used to knit together neighborhoods with other important elements of the urban fabric, including schools, government service centers and cornmerclal developments. Such lands can also serve as an effective bufferbetween Incompatible land uses. In short, public narks and open a paces help to protect the social, economic and aesthetic qualities that Denton values. In order to preserve these qualities, the City will continue to expand its award-winning parks system as the community grows, This chapter discusses the current state of Denton's parks and open spaces, and summarizes the related needs. Recommendations for land acquisition and develop- ment are then outlined, in accordance with defined planning policies and strategies. j Evisting Conditions A. INVENTORY OF PRQPERTIES AND FACILITIES Civic Center Park was established as Denton's first park in the 1920's and is the seat of municipal I government and community activity. Today, the city has 17 developed parka, 4 parks reserved for future development and 4 open space preserves, totaling 876 acres. An inventory of parks, open spaces and i ' recreation facilities is displayed in Table 16.1. In addition to these properties, Denton owns a former railroad corridor, stretching eight miles from the city center south to the town of Shady Shores, Plans are being developed to construct a hike/bike t*ul. C Wy Dxum-ntaTompreh"b1vep1v'por1u and reerrdtortpnki~nd npemp~ee,p6S EXHIBITA I ■ J i r Ir ' Dral'tDenton omorehensivePlan T April 13, 1999 Table 16.1 Parks and Facilitles Inventcry { ' ONIWWUNS ~ , l I ~ I , T, WOOtl1S3i! - WDDN 3WYD WOOtl QN1133W ~ • ~ • : • • + ~ I 1 I • I sNOnllnve SMY, OI,NDId LNIWdInD9 j ! h 1 .I • .~.1 . ' Wild j ; l 1 11Y3A311on 1 , (03LI0I1) 4 N,1 N N N'N N IN N' W11103 IWO .13NSYB1W O $01311 11VO iONYY 4100 QNINSIA WIY7 CY31lY OM11 1 ~ I, .1 j ~ I A10 C _ O~fl4Mr7fJYl ~I ~ I { ~ ~i~ hN NII ~•~~I N'r• r,, ~'~~•r ~ ► r'7~ I ' I r I 3dAl HflYd I I I I! 1 I~ ~ ~ 1 _ mN 01~NN rn~bN O~M7O7e~ryP ~M.µ +1700. ^ i0Y3U0Y i ~ r I ~ ti x N r1 II ii I w J I 4 i_ I r 1-. _ li ic 10 is, viol 11 ~VI CnYmA~( GiC j io N.. 1Z ru710'A~, <Y Is 'e a ° li ?aC• io~i I o ~Y'b° Y1 d'8 >E'1!m 'o,'e ° ~ 7. 10 0aC0 C n Ian OV°'~>o . N, e'eg 3. y0 ~CG 1L.£ . tlo z~0zE rim1 ~I ll '~tNJ Qpue2.3M~32E O ~m ppll!ox9'ib~ F`:ZmQm3{-e7.3~g.~icNs°'E~Ea1gi'MyN £ic'~g uV' 'm70TO88.Rga 'i mxs ~.u ag 01 i o_ O Nn.•eo n mn o fo1l me me li !m t ti 0 o 0 3 !e 9 .r unr. .r z mI.2 me s733 _ I~ ~ I s 'Jo I ' ~ ~ ! ~ i 1 1~ I I 8 ~u I I ~ m ~ I ~ _ ~e€ e 36 n tom :I t Im W e.. a, ~a~y~ Ygg jN u e rO j`n P7 e~ : ewi uY;~d9 5 u~'~bNa u ~t faS~ a ~,dStl~'8°rr'~'~~e~vo f6 s SO e Y ~eue so0 'E~u7~ J~z Y" < i Eff l3 4.1 re let' ~YJ~~ gs 0. 8S _ r<uuoo S LtmmMUHU.'$S17F9>t~'29. 1OSU 3~- C.N1yDocumenY'Camprr!xnrEvepirrn'pubandrh"*!Weprtle&ndope.rpuupdS EXWBITA 2 . Draft Denton i n April 13.1949 City parks are supplemented by state-operated facilities at Lake Ray Roberts, located 8 miles north of Denton. The Texas Parks and Wildlife Department (TPWD) also manages the Elm Fork Greenbelt, a 10-mile recreation corridor between Lake Lewisville and Lake Ray Roberts. All of these facilities are owned jointly by the U.S. Army Corps of Engineers and the cities of Denton and Dallas, who contract operations to TPWD. B. EXISTING SERVICE PLANS AND STRATEGIE 1. Strategic Plan The Parks and Recreation Strategic Plan was adopted in 1997. This plan sets forth the operational mission, values, service goals, major implementation strategies and related actions that guide t' e department's annual decisions regarding budgets and service delivery. Strategies and specific ac- tions are reviewed and updated annually; a major re-write of the plan is scheduled in the year 2000. The Strategic Plan establishes a customer-centered focus for service provision, including service level and quality b'andards, Park acquisition and , evelopmeiA proposals arise from the identified needs of the department's customers and the physical environment required to support these needs. J The planning policies and recommendations for capital investment in the parks system are based on the Strategic Plan. 2 Civic Center N1 aster Plan A new master plan for improvements to Civic Center Park was completed and adopted in 1998. Founded in the 1920'x, the park serves as the seat of municipal government and the recreational and social center for city. The plan outlines multiple phases of construction, lobe funded through public and private resources over the next several years. The initial phase of improvements was funded in the 1996.2000 bond program, and included the installation of a vew pedestrian bridge, new playground and picnic area, new restroom building and paths. Future phases call for drainage work, a new lake, expansion of roads and parking, an expanded public garden, plazas and landscaping. 1 C. PLANNED CAPITAL IMPROVEMENTS Capital improvements include the acquisition of park lands and the construction of new or renovated recreation facilities. Capital improvements have typically been paid for Pnugh the sale of vol tr-ap- proved general obligation bonds. improvements have also been funded through donations, as was the Eureka! Playscape in South Lakes Park, and with state and federal grants. Finally, new parks may be acquired and developed with monies collected through park dedication and park ~ evelopment fees. In 1996, voters approved $7.65 million for parks and recreation improvements. All projects are pro- jected forcompletion in early 2000. Under this program, most of the playgrounds and picnic facilities in the parks system will have been replaced, additional indoor recreation apace built and many existing f ' athletic facilities will have been renovated. In addition, several new athletic fields were funded in the 1996 bond program. Typically, bond programs and other traditional financing mechanisms used in Denton have not provided c my tk+cumenb`Corrymhnnlveptm'-0nrbmdreemlkn'yulunndopenrpuep6! EXHIDIT A 11 Dr' ento Comnirebtitnilve Plan April 13,1999 s, enough money to keep pace with the need for new park improvements and the renovation of existing recreation facilities. Major deficiencies continue to exist in community park acreage, multi-purpose or recreation centers, aquatic facilities and recreation trails to serve Demon's existing population. Facilities that are presently it,. need of major renovation include Civic Center Park and Civic Center Building. These needs are addressed more specifically in sections4 and 5. I), SUNUNIARYOUJITIZENSURNTY RESULTS In order to gather data on park use and participation in City recreation programs, a telephone survey of 400 Denton citizens was conducted in the spring 1999. The survey also provided information regarding preferences for new park facilities and programs. This data ivill be used in updating the Parks and Recreation Department's strategic plans and park master plans. Survey results may be found in the appendices. 1:. L~lf:RG1NG TRENDS IN PARKS AND RECREATION SERVICES Trends in the demand for parks and recreation facilities maybe faddish or represent long-term shi As in customer preferences. Although it maybe difficult to sm the difference, several significant lasting changes can be described. The following trends must be recognized in planning+ae type and location of parks and recreation facilities, 1. Reflecting national trends, Denton's senior population will gradually increase Service delivery and location should be influenced by the needs of seniors for social activity that is affordable, cone-11 nient and accessible. 2. In 2020, Texas' population is projected to be more than $0% minority, with Hispanics compris- ing the largest and fastest-growing minority group. Services and facilities will be designed to meet The unique needs of these customer groups. 3. As the awareness and concern ever environmental issues increase, parks and open spaces will become more important as elements of air and water pollution management, ai well as an important tool to be used in buffering incompatible land uses and controlling urban sprawl. 4. Although the discretionary income available for recreation pursuits will fluctuate with economic changes, the public appears to be more willing to invest in high-quality leisure facilities and experi- coces. There is a growing demand for unique, more compact and intense experiences such as indoor rock climbing, in-line skate parks and water parks, Future parks in Denton are likely to include II sinikar opponumties that might be offered at facilities operating as "profit centers", rather than being subsidizedby tax dollars. 5. The need for recreation opportunities targeted at teenagers is a nationally recognized critical t issue, Changes in family strucutre, employment, technology and other factors should be accounted I f: for in program and venue destgr . l' My bucumcnbKemprelrcn~iva plnn'puAr IAd w"Atine'perks led opmApur.pk! EXHIBITA 4 . f Draft Denton ComnrehensivePlan Apr1l 13.1999 ti 6. Communities want to directly influence the design and location of parks and recreation facilities. k As improvements are funded, it is critical for the City to consult with the appropriate stakeholders in making such decisions. i LPL Planning Policies The following planning policies have been adopted for Parks, Recreation and Open Space. These poli- cies guide all actions and recommendations described in the Comprehensive Plan: A. A wide array of parks and recreation opportunities should be equitably distributed and accessible to all Denton residents. Park and facility locations will be determined in accordance with the Parks and Recreation Strategic Plan and the Parka, Recreation and Open Space Master Plan. B. Parks and open spaces should be located in or adjacent to floodplains, where possible to aid in floodplain conservation efforts and to enhance recreation opportunities. Such areas maybe developed with recreation facilities or set aside as open space to preserve sensitive areas C. The City should acquire and develop parks in combination with other public facilities to achieve cost-effective deliveryof public services. Park property could be developed jointly with facilities such as new schools, storm water detention basins, drainage channels, fire and police stations, or libraries. This policy should not contradict the spatial distribution objectives determined by the Parks and Recreation Strategic Plan and the Parks, Recreation and Open Space Master Plan. D. In order to ensure the reasonable distribution of public parks in accordance with plan objectives, residential developers should provider in their projects land for Neighborhood parks sufficient to meet the needs generated by their development, or provide an altemative strategy to satisfy this demand. L The City should be responsible for the acquisition and development of Community and Citywide parks. Faci iq and Service Standards A. PARK CLASSIFICATIONS ACREAGE STANDARDS AND SERVICE EL.E51ENTS Planning standards have been adopted to ensu a the adequate provision of public parks and open space. Denton's standards ere loosely based on guidelines published by the National Recreation and Parks Association. Classifications include Nelghborhood, Community, Citywide, Linkages/Greenways and Open Space Pressrve (see Figure 16.1). Denton has modified these standards to reflect local conditions, resources and priorities. Table 16,2 shows existing acreage and projected need by Neighborhood, Com- . CAMy DacumrnuTcmpn:kntlvep1rn9ptrU n. i wrrmdomVartu antaptaoptn.pO EMBITA 5 Draft Denton r r v Plan April 1113.1999 munity, and Citywide classifications. Projections are not displayed for Open Space Preserve and Link- r ages/Greenways, since acreage standards have not been adopted for these categories. Deficiencies presently exist in acreage for Community parks. Park land dedicr., . r quirements for new residential developments will ensure the adequacy of Neighborhood park land fry n 1998 forward. How- ever, under current planning policies, the City is responsible for the acquisition and development of Community and Citywide parks. Future public funding will be required to acquire and develop Commu- nity parks in projected growth areas. B, FACILITY STANDARDS Denton has also adopted standards for the provision of public recreation facilities. Facility Development Standards are shown in Table 16.3. Significant deticiencics currently exist in softball and baseball fields, swimming pools and multi-purpose/recreation centers. Implications of the Growth Management Strategy Denton's population is projected to reach 192,000 by 2020, most of which will reside in planning sub- E areas 3a, 4a, 6,7a, 8a, 14 and 15. Approximately 2,400 acres c11 leighborhood, Community and Citywide parkland will be needed to serve the projected population, an increase of 1,588 acres. Growth in these areas wi,I rcquire public investment in the acquisition and planning of Community parks, multi-purpose centers, and athletic facilities primary in the south and far east parts of the city. Park dedication require- ments should help the City keep pace with the need for Neighborhood parks as new subdivisions are platted and homes are built. Other implications of the Growth Management Strategy and p! arming poli- cies are: r Park dedication may be used to acquire ownership lands along drainage corridors in order to preserve environmentally sensitive lands and recreation opportunities. however, substantial public investment will be required to unite then lands into the continuous greenbelt and trail system envisioned in the Growth Management, Storm Water, Parks and Transportation elements of the Comprehensive Plan. ■ in order to efficiently provide for public services, the City should work with the Denton Independent School District and other school distr.rts to consolidate lands for parks, other City facilities such as libraries and fire stations, and sch-)ol sites. To achieve the objectives of the Transponation System, these facility clusters could be link by the greenbelt system to residential areas, major commercial centers and the universities, v A new Parks and Recreation Master Plan is needed to guide the acquisition and improvement of new parks, greenbelts, and other significant natural and historic resources. The Master Plan should be completed and adopted in 1999, and should be updated at least once every five years, ° ■ The rapid growth of Corinth and other surrounding communities may present opportunities for r t' cooperative ventures with Denton and should be mutually explored. C'Afy WcumenWCortpehen.he plm~ptrlu rnL rnrntlon~pvW ind spen~pie:.piS MIJBITA 6 . Ora II Denton Com rehensivel'lan April 13, 1999 Figure 16.1 Park Classitleations and Standards Neiehborhood Park Scn_rceslmr nrrf: ~ r ~ 2.5 acres per 1,000 residents ' a S'ircr C 1 l ypically from S to 20 acres, although may be to larger depending on topography and natural 11 features. I TT ~t /•Ljl~ u;i_tl; mile f. Ttrir.~ rf~ r ~ .ufrrrn rlr, piuyground picnic area, court games, trails, minintnl y Y n",~? ~•~t~ pal-king At lca tSu ~oftltcsiteissetannicforpassttc recreation acti, itics and'or conscrvation area, On(!It loc:ded next to elementary schools rssowrs.~.rsr.. rt - (Community Park Sell ire mmi-10rrl -4 1 ~!I < 3.0 acres per 1,000 residents Onfm. ! t:Y~bu % . 57. F. C Typically 30 to SO acre,. but may be Irrver depending . on conscr%ationareas ,1'c+ricr nrcrr 2milcs ~r,_ _...r_^_.- `.,ate?`^`\ Tti,ricnldete•fn~rrrrerrf, ` Serving several neighborhoods, these parks r' include "drive to" recreation facilities, as well as the facilities fourd in Neighborhood parks. Rccreation'multi-purpose centers, competitive sports fields, and swimming pools arc typicaL A13y serve as the "trailhead" for community- wide grccnway systems. sallyrlxnnrnt$ ComprehensM plan Pork, and reerernntipvkr and apensplcr,p6S LM,iBITA 7 . c I c a ' d Figure IUM Park Classifications end Standards Continued Cilywlde Park Sfnice standard: 7 acre per 1,000 residents p Slag: 30 acres plus (typically several hundred acres) Service area: ' Entirejurisdictionand beyond o . At Ttpicaldeve1ppment. Unique, "one of a kind" facilities, such as garden center, water parks, outdoor theater, civic center, fitness center, model airplane field, multi•fleld athletic complex, nature center. Likely to include significant conservation arm. Ljn]itges/Greenways s Service standard: { No standard ,rw Sig: I Ilrw No standard .w Service area: caliylinks severalneighborhoods. Ideally n.a TypI serves the entirejurisdiction. n,r AptcaldoglMenr: Hard and soft surface trails for hiking, biking, skating, horseback dding. Connects residential f areas to schools, parks, civic buildings, other communities. Open Space Preserve w r,,. ~1r \ No standards apply. Land acquired and managed in accordance with preservation and urban design objectives. CUtirbotumenuK'orrgeAeruhep4WVorksWreemtlo+~pukg809Wnrpra.p4S EXl{I$I~'A A . c+ Draft 11, 1999 Y T k 1,6,2 Poo Acresp Itegtilremeala Park •Iype lktrg Adapted Standard 1999 Slrpvs l Projected Amp 2020 M*iny A=W (sL per 1000 pop.) M*iny lie9''6'emea (m Nedbortood 155 2.5 3 480 •295 Om ratty 75 3 •130 $76 •501 Cry 552 7 27 044 •M2 7bta1• Sl2 12.5 •120 2,400 •1,588 I •tctda Openspace 1lrxrw ltd OeanuM Table Is.) Recreation Flcally nequlrenteuu ($Vmd 614 for public vie) Activity J ElYtina Adapted Sanded 1999 Surplus J Projected =070 De6ckney i FIClUty FacWes (Per poFAdon) Deeklency Requirement (2020) Baseball 12 1 per 5,000 3 36 26 I softball 10 1 per 5,000 •3 36 26 i soccer 13 1 per 10,000 S 19 6 , rootba6 3 1 per 20,000 1 10 7 Tennis Courts 24 1 per 3,000 •1 64 40 Itwellion 3 1120,006.30,006 •1 6 to 10 3 to 7 Center _ SrGnmins I l per 20,000 •2 10 9 Pool i Trails 11 Miles I mlk per $,600 •d 36 27 Goals and Strategies A. DISTRIBUTION OF PA i r ~ la' ` r e 1. Goal Ensure the adequate rid equitable distribution of parka, oxn space and recreation facilities. C!NeyDocumrnutCorrprehendveplarepartuandreernto"srtuandopenrpeee.p66 EXIMITA 9 . 1 , I a I Draft Denton Camorebensive Plan A rilR 13,19,99 2. Strategies: { Complete a new Parks, Recreation and Open Space Master Plan that addresses public needs in all park and open space categories and meets the City's objectives for urban design, multi-modal trans- portation, drainage and envirormental conservation objectives. In accordance with adorled service standards foreach park ;q1egory, acquire and maintain sufficient land to keep pace with Denton's population growth. Develop, fund and implement future capital improvements programs consistent with the Parks, Rec- reation and Open Space Master Plan. B. PARK AND OPEN SPACE AOUISITION 1. Coal Achieve urban design, transportation, drainage and environmental conservation objectives through park and open space acquisition 2. Strategies Identify land and/or easements necessary to establish & unified greenbelt and trails system that achieves recreation and transportation system objectives. Identify significant scenic, historical and environmentally sensitive lands, and determine strategies to preserve them. C, FINANCIAL EFFECTIVENESS 1. Coal Ensure the cost-effective provision of parks, open space and recreation facilities 2, Strategies Working with other City departments, area school districts and developers, identify opportunities for clustering multiple public functions with parks and recreation facilities Into neighborhood service II centers. Develop appropriate planning policies, development regulations and Implementation strat- egies. Research the need for and feasibility ofdeve!oping specialized parks and recreation facilities that can function as profit centers, which reduce the dependency on property tax revenue and generate prof. its to underwrite other recreation facilities and services. D. RESPONSIVENESS t, Coal (1~~ t Ensure that future parks and recreation improvements are responsive to the changing needs of Denton's citizens ( ` II CWy nuCu"ntsTomVthadve p1doarru and reera6oa4arts and Wnspes.pH LXHIBITA to . ~I Miami ti Draft Denton Comnrehenslve Plan April 1 3,1999 2. StrateSks Periodically survey the wanic and needs of Denton's citizens for their parks and recreation system, Incorporate this Information into revisions of the Strategic PI,,II-, Annual Action Plans and updates of the Parks and Recreation Master Plan. Update the Parks, Recreation and Open Space Plan at least once each S yean. r t c.vgtbc4n"alCa"mhmdvtplm*rksddramdonWrW,rd•pe;*seepO EXHIBIYA 11 . I II;III ilcnlon ('oil )rehcnsl a Mail April 131h, 1999 Section 19 ■ Urban Design (graphics itCaere.rtif,plietrrrit1(11~r(r,rr0 htrrndrrrriorr rrasin~'ly, deign arc ill c mlml import;tnce in decision'making h,' the Cit) , 'I here are strong nlandvi:onomicrc.uunaforr•tiwgn oicqualilyofdcso,in the bulhcm ironmcnt'Ihcqualityof the ,,WtoLuPdings +s here It ple wnrk, live and rccrcmc aftocts ho+s they feel about Denton, their pereeivad defy. anal br+ ocrrs>iblu d fYurent facihi ws arc. A poor wban cm ronrncnl is also a serious banicr to tMcsurtcnt and ceunnr: ilcceioluneiit. A hiLla quality cnvinrnmcnl is a fundanncnial regt4cri nt if si. ,lui 1101le ;md I~I th ~lu.+hty Ill%01mCnt is to be ;n1IuCI0i 'I he iSSUe of urban quality must be rigorously 'Id ltc„ed it I lcnhul is I" ochlc%e re.+l social iuq,ros-cnunl and "stisrainable" devclopmeru in the future, I hr t'IhAG Iles,i n Stj •tk'kl` , p111h to sub,Iawiolly raise the quality of Dcat,m's urban cnvironnncnt, After lli~ n~nunlc~scnh~+ni,t ph11111ophy presailinL itt thep;tst, it isnow realimdatall levelsof the City'I;mcrtt- nunl anJ lhccalnntwrt~ That ihem;ukelalone sill notcraitc safe, susrainable,attructivc,wcll-function in,,: tu+,l, in the h pW ILtnl.1~: pcr0us ph ces for the nnajority of the ccnnmunity 11W Itteirt, -first crnuit' lPinu,i he<, s,,peclations % ill h: r,riscd :uni the issuc of Cuban quality Seri- ,M,li mlklic,•cd 11CHIMI a ill lake I. Ie.tilung role within the wetroplcx context in the field of urban 'I'll I h,~ +s ill t0 tun: + dlki mcIM cl.ange of:rpproach by adopting a quality-base) philosophy. ll is possible to crr,ue prosperity, whi le also enhancing the cm iron- wort, metal w elfarc and long Icrm ccononnic prrfomn;uncc, w ilh planning regulations must out compromising the lu0 pecisOffuture generations, II is sim- be revised to place greater 1101 possible to echi.ve long tern sustainahle economic Lrow III ss ithout considering social and cnviroumcntol factors. emphasis on the importance urban design, which is Denton already provides the Inneans for a fulfilling and satisfy- ng life for many people, 1 he area has a reasonable range of frcilitics and there is a strong; sense of community in many parts Of the City. IkmzNer, Ifncre are sonic people %'k ho hA basic l.mluics I„r hsing such -is o houu, satisfactory employment, loolljorip and the Ulm. squaw" pirki, and on adequate income, Golfers feel that there is an inacces- sihlc or lintilei.l range of caltutul, open space and recreational facilities, 7herc a dcrinite view that the quality of the urban cnvi ronInert couldbesubstantiallyimproxcd Such shorlconn- m•.s cotild cre•rtc concern for sonic employers and prose eetive I,uslilesses in the area arho wish to attract and retain staff. Sig- ni lic;u+t improvemc11ts are continually being nnadc, particularly through huward-thinking politics, stralegics and regulations the r~mplr, fws.,-,h ill the City has enacted lout, the issue of urban quality at all levels • /f needs to be seriously addressed, It is the most important ek- ment and consider Lion expressed and confirmed by the cont- nwrity and is rcilewted in the Groskili Management Strategy. F\IiID1IF A I Draft Dentnn Com r nsl n Aril 130, 1999 A Urban Design is a term, and concept, that has gained Increasing prominence in the past few decades. } Essentially, it is about the form of the built environment, including the relationship of buildings, spaces, landscapes and circulation systerns (Figure -Plan Vlew). It is not merely about ,esthetics, but about the functioning of the built environment and social and economic well being ofthoie who use it. lr . . Urban Design Character Analysis The purpose of this part of the Urban Design Strategy Is to develop an understanding of the City's urban structure and character In order to achieve it clearer view of the opportunities and constraints to the quality ofthe built environment. This provides the basis fromwhich the policies, goals and strategies are formulated. A. THE IMAGE CF TIIE CITYr LEGIBILITY Legibility is a term used to describe the ease with which people can understand the layout of a place. The City of Deacon is sometimes confusing to outsiders due to its structure, which differs somewhat from more conventionally structured cities. An Image Analysis Plan Indicating the main it •ategic physical elements that contribute to which the City is seen and understood is needed. Legibility of the City is based on five elen.c", i 1. Poths The mein strategic paths in the City Are the major City road networks together with the main Inter- state highways, state, county and city roads (Figure- Povrsc Image City Plan). This is the primary network of paths that link the different parts of the City together, and link the City to the surrounding areas. Of primary importance is IH•33 East and West and their convergence. The City may be seen as a linear organization with the 1H-33's as the aphis, linking the Dallas-Fort Worth Metroptex to Denton. One of Denton's commercial centers (at the junction of IM-35E and Loop 288) and at The University of North Texas (UNT) lie adjacent to this spine (Figure • UNl'at The advent of the highway system has had the affect of de-emphasling the downtown as it's center of commerce, Generally, the network of paths in the City began as a planned atypical Texas town center and developed beyond into an unplanned and informal nature, Older parts of the City, especially the rlor, mown are especially of a grid nature, whereas the surrounding growth has arisen from a process of incremental growth and change from post World War It and beyond (Figures-Aerials, cold & new indicating linear structure). . Much of the urban fabric of the nineteenth century and early twentieth century Is generally of a detue 1 l nature, usually abutting the rear of adjacent pathways or main streets. Many main roads throtto the City Are characterized by buildings that front the streets and creates, strong sense of enclosure. This ) Is a strong characteristic within town centers. In these environments there are clear and hard bound- C*7BETMC*gnkndwpkmObmDolimMO."pO EXHIBITA 2 . t. I i M V Draft Denton Contr henalve Plan A ril 13th, arics between the public realm (the frontages) and private space (to the rear), This tendent y changed through the twentieth century, where Increasingly the accommodation of vehicles Influer,ed urban form, the tendency being more towards buildings In open apace (Figure- Campus Building sur- rounded by open space). More recently, the tendency has been to set buildings well back from the road and place the parking to the frontage, This has caused erosion of the character of many roads which now lack definition. These roads present a rm,0 more hostile environment to pedestrians. There are also examples of developments which place res, elevations and servicing areas adjacent to road frontages. These developments Ignore the public re6lrt altogether, and make no positive contri- bution to the street-scene. (Figures-along University and Dallas/Ft. Worth Drives) The erosion of the City's urban character is also apparent from comparing the layout of housing developments of the last few decades with traditional development. The City's characteristic hous- ing dates largely from the first half of the nineteenth century and its urban form Is characteristic of county seats and Texas towns during this period. Such housing Is usually found In large numbers surrounding downtown's or town centers. The frontages of the housing create very strong definition and enclosure to the roads. Private space, usually In the form of back yards, is located away from the public roadwsye to the rear. The layout of such housing Includes 'ped meter blocks', with frontages to the roads (the public face of the development) and servicing space to the rear (the private aspect, hidden from view by the perimeter buildings), Much of the City's m ld•twentleth century housing stock contains semidetached and detached prop. enics. These are still arranged to face the public roadway, with private yards to the rear. However, 1 the housing Is usually set back even more to provide semiprivate apace$ to the frontages. There is a clear difference in the nature of the front and back yards, the former having a primarily aesthetic function, while the latter fulfills functional requirements. This housing still relates well to road front- ages, but has a less dense, less urban character. St could be described as a suburban-type develop- ment or an attempt to recreate estate-style housing, generally on a much smaller state. More recent housing, especially that of large lot residential, Is of s quite different nature. Housing is planned around a hierarchy of roads. The distribution of vehicular traffic Is the generator of urban form and the public realm. The most extreme examples of this are the central distributor roads of larger residential developments. Housing does not front onto these roads, but is orientated to have side elevations or rear yards next to the highway. Consequently, the housing lots are often fenced off. Private spaces (rear yards) are no longer in the most private locations, but adjacent to the public realm. Such de,.iopment relates poorly to the road network and to the wider urban character of the f ity. It creates a public realm of low quality and very poor legibility (Figure-SubdivOlon with rear >,ards along a corridor). Large areas of land within the residential developments have little townscape value or purpose other than the distribution of traffic, The problem of character erosion along main roads needs to be addressed. New development should r reinforce the urban character of paths, and also provide memorable and distinctive images. Memo- Jt , fable features could be placed at key points along paths. These could Include landmark buildings, { contrasts in visual character, and strategic breaks In frontages. The latter can be used to maintain views to wider landmarks. 11 must be recognized that new development adjacent to paths contrib- utes to the character and definition of the public realm. CV.SC9ETH'{vnprefienilv,phMUMnd~l~.) 19-99.p6! EXHIBIT A lI _ Y t Draft Denton Comnrehensive Plan April 13th, 1999 4 2, Edges { Edges can be natural topographical features, or engineered features. Oood examplea of the latter are the sides of IH-35E through the City where the Interstate highway is constructed at a much lower level that the adjacent land, enclosed between two high embankments (Figure-Ave Clo Radisvin at 1N-3J). 'T'his creates a strong feature when viewed front between the edges (from 1H-35) or front. 'e surrounding land where the edges create a break in the continuity of the townscape. The two envi. ronments, although adjacent, are of completely different cSaiacter. The most important edges defining the way in which the City is perceived are the 100 year flood- plain boundaries and the edges of Lake Lewisville (Figure 18). The bo:ndaries between the main green spaces and the adjacent s.ailt areas are also significant edges. Together, these define the overall form and extent of the urban area. Loop 288 is also an important edge, which partially delineates the extent of the City's current urbanized area (Figure plan view map with Indicated edges). Edges provide an important contextual feature for development to react to. Edges are a strong physical and visual feature which development can reinforce and emphasize. Where changes of levels are involved, a dramatic setting for new development Is provided.Areas within the predomi- nately prairie landscape zone of the City illustrates how built form can be used to emphasize and reinforce an edge, (Figure-subdivision within a prairie area) 3. Districts ` The concept of districts is fundamental to under standing the structure of the City of Denton, which Is a combination of different distinct districts +tu,t have grown and merged. The main districts at a strategic level are the main town centers. Each of the main town centers can be perceived as a self- contained and distinctiv place of individual character, although this is Tess the case for tie IH-35E and Loop 288 area where the retail element is split into separate areas and only safely accessible by vehicle. (Flgv •e -Aerial vie:, of this district). Each of the universities also form distinct districts. Civic Center Park could also be described as a district. There is & clear sense of entering and leasing the park as a distinctive area of separate character to the surrounding townscape, Retail malls and strip centers illustrate how the development of larger sites can create new districts, although not necessarily ones of good urban quality. At the next level down, smaller centers such as Fry Street have retained an Individual character and could be perceived as districts, at least around their centers. However, the boundaries of these districts are rather less clearly defined than the main toms centers. The major hospital sites could also be seen as districts. Large housing developments can be described as districts. This is because they have & separate urban pattern to older surrounding areas. such as many of the contemporary residential developments In t the City (Figure.). Some could be seen to have turned their back on the established character of the ,e r City, as indicated in the discussion of paths. The fact that housing developments have created new districts could be seen to have Improved legibility at a City-wide level. However, within such devel- opments, the lack of attention paid to the design and definition of the public realm together with the ( 1 1E ck of distinctiveness of the buildings has often created very illegible environments with few memo- rable characteristics, as well as a distinct lack of connectivity and cohesion within the urban context. rVdcotrxco gehen~roe plu urDm Design J-10M PO EXHIBIT A 1 J { DraftDenton om r hensiv Pin Aril 111th, 1999 One home looks much like all of the others in the City, and Indeed elsewhere around the country. The various districts in the Cityba; a distinctim individual character and this is good Tom a legibil• ity point of view. The Individual character of the City's various districts need lobe emphasized. This indicates a need for distinctive architectural design, reinforcement of the dominant urban design character, and variety in the range of uses and activities offered by the various districts. This is especially important for the main town centers/mixed use centers. In addition, development on large sites, which have the potential to create new districts, needi'to be of a distinctive character, while complementing the more general characteristics of the existing townscape. 4. Nodes, Galevoiyi& Corridors The design of nodes, gateways and corridors can significantly affect legibility. In any area with as complex structure and layout as Denton, there is a pi -ticular need for these areas to be distinctive and memorable. The roadway ec nnections throughout the City are important strategic nodes, These are the access and departure points to and from IH•35 E & W running from the north to the south of the City and US 380 east and west. The physical design of the various nodes is fairly similar. It Is therefore down to the quality of townscape in and around each node to set them apart and lend individual character. This is especially important for people who are not especially familiar with the area and rely on directions. More Is required to create contrast in the character of the various nodes if a more legible environment is to be creai~A, The junctions between major paths in the City are also important nodes, for similar reasons. The comer sites that define a junction are especially sensitive, requiring memortMe features to provide strong definition and image (Figures -photo of elmAkkory intersection). The junction between North Elm and Hickory illustrates this. Loop 288 and George Road (Figure-288 of Geroge) illus- trates that the scale of the junction creates a need for strong visual reference points. The comer dr.cl. nments around thejunction are not strongly defined enough to adequately react to this. These nodes also have the role of gateways for people arriving to and departing from the City. It is especially important that gateways be distinctive. The quality of the built environment around such nodes creates an early impression to visitors, This is problematical in that the quality of the built environment may be poor despite the close proxin•'t- of the City center and cultural quarter. Key urban and civic spaces are also nodes, for example the historic Denton County Courthouse and Square, the Civic Center Park and City Hall, and the campuses of the University of North Texas and Texas Woman's University (Figures-4). These nodes can provide a focus or social interaction. The historic courthouse and square is a good example, being a place where events can take place or where people can sit down or meet other people. There are currently relatively few good quality urban spaces or squares in the City and none that could be described as outstanding because of architectural degradation inthe surrounding structuresand eroded urban fabric. A commonproblem that detracts from the quality of spaces is traffic intrusion and associated features such as wide paths, narrow walkways, air pollution, and other pedestrian hazards. Poor layouts, inappropriate ground a , treatments, and poor seating facilities and street furniture ere also common problems. Nodes should I 1 N be designed with good functioning in mind, as asocial space as well as a physical feature. r' Designing nodes to be more distinctive and memonble could potentially t At the City much easier to navigate, visualize and understand. In particular this applies to the nodes occurring where primary C.'VC8ET4Ccrn mS4n91re plo'Urban Dedrn M§-".p63 EX11I131TA S . ~ c Draft Denton Coen rehensiv Pan A rll 13th 1999 paths meet, or at gateways into the City. Nodes can be emphasized and made more memorable by various means including: enclosing and defining them with buildings; providing new landmarks; _ public art; emphasizing views from the node; and, creating a sense of arrival along the corridors approaching the node, 5. Landmarks The greatest cluster of landmai k buildings in the City is wittilri the town square, the universities or within the historic Oak Street area. These Include, the Little Chapel at TWU, Old Main at UNT, and Denton County Courthouse (Flgures- TWULittle Chapel, Old Maln at UNT, and Courthouse). These factors pro- vide an appopriate emphasis to the City Centers (Figures-Bird's ovaerials). The location of the city on a higher elevation further emphasizes the scale of its built environment and landmarks, which can be seen over a number of locations in and around the City. This livery Important for legibility. Much of the general townscape around the City is of modest scale, with buildings predominantly of two or three stories. This provides a backdrop for landmark buildings. Often, a modest increase In scalecan createa landmark, Churches In particular provide useful landmarks, providing a focus and Iden- tity to various localities. The Trinity United Methodist Church is a 'Articu. laxly good example (Figure-UMC). However, recent church buildings have often not had the required presence to lend distinctive character or provide focus to the area. lots partly due to limited scale, but also a lack of architectural distinctiveness. Some other types of development have provided landmarks in terms of their scale, examples bong the Civic Center, the historic Denton County National Bank, UNT's new Environmental Sciences Building, City Hall as designed by O'Neil Ford, and the Sherman Building (Figure-DCNB). More creative, innovative and distinctive architectLre would help to create memorable landmarks and strengthen the image and diversity orexperience ofdifferent areas around the City. The sites for landmark buildings should be determined on a strategic basis. The City's main town centers require landmarks to provide focal points. Main roundabouts, nodes, large sites, strategic points along ma• jor paths, majorjunctions and gateway sites all provide a natural focus for landmark development. For example, the Texas Woman's University high-rise student housing site on the edge of Hwy,, 380 has status as a gateway to the City and stands adjacent to a node at the conjunction of Hwy. 380 and Locust; the one-way street system of northern trafficked Locust and southern trafficked Elm; and, The University of North Texas's(UNT) entry off of IH 33 E and Avenue D where the newly con- structed landmark Murchison Center is located (Figure-Murchlson Center). These sites are clearly appropriate for "landmark" developments. Amore detailed analysis maybe made at a more Intimate levet, for example a town center, or even a toad or square, This could identify elements at a small scale, r~ There is a clear need to improve legibility In Denton, The structure of the Cily makes this more of a priority than In more conventionally structured cities. Recent developments have sometimes im- proved matters, butoflenhave created areas orhighlyillegible townscape.Legibility should begiven a priority and opportunities for improvement, through new development and enhancement schemes, to be exploited. C,MCBETMCoMvhenilvipl&iA onrjeirrnl•t9.99p6s tX111BITA 6 tDraft Denton COMDrehensive Plan April 13th, 1999 B. MOVEMENT THROUGH THE URBAN ENVIRONMENT: PERMEABILITY Permeability Is the number of alternative ways through an environment. A permeable environment al- lows people to move around with greater ease aid with more cholce of routes. Grid pattern layouts are very permeable and these form the basis or at least the beginnings of many cities in Texas and around the world, including Denton. The area around the downtown square and historic County Courthouse illustrates good permeability (Figure- as indicated). Access around all sides of the County Courthouse building is possible. The access between the courthouse and surrounding structures has created good movement. This is a very permeable area of the City. Residential layouts containing a large proportion of cul-de-sacs tend to be Impermeable. The tendency for sites to be seen In isolation from the context of the City has also created areas In the City of poor permeability, since he layout and circulation have failed to react to existing circulation routes. Recent housing developments in the City, planned around a hierarchy of distributor roads and cul-de-sacs often poor permeability (Figure.), There is little choice in the way traffic passes through these areas. This contrasts with older areas of housing in which the layout is often of a more grid-like nature, with greater cholce of routes (Figure -Congress to Ryan Nigh). However, road closures and traffic calming measures have reduced the choice of routes in some existing housing areas. This is a trade-off involving a reduc- tion in permeability (for vehicles), but also a reduction in affic intrusion. The aim of achieving good vehicular permeability has to be balanced against socio-economic, safety and environmental issues. The { challenge is in integrating some of these movement systems. Edges can form a bardct to permeability. For example, the IN-3S condor through Denton, while allow- ing greater speed for traffic passing through the City, has significantly reduced permeability in Denton j for traff: and pedestrians, The construction of the road has :ntailed turning a number of previously connecting roads into dead-ends. A physical barrier has been created. A similar situation has been cre- ated by Carroll Boulevard (Figure __J, A number of previously connecting roads have become dead- ends. Such roads tend to attract less activity, This is illustrated by the lack of attractiveness to retailers of these roads. Convenience and choice for pedestrians has certainly received a low priority In much recent develop- ment. Examination o f retall development of the past few decades h)ghlight an unfortunate trend. There is a tendency for developers to consider each site in isolation rather than reacting to the wider context. Most developments on University Boulevard (US 380) illustrate this, Adjacent retail developments have secure boundaries with no means of access between them. It is therefore necessary to exit to the toad frontage in order to gain access to an adjac:nt site. This can Involve considerable incon:,mlence, espy cialty for pedestrians and in impermeable environment has been created. Retail centers along Loop 288 South provide a further illustration of pedestrans receiving it tow priority in design, The layout is essen- tially a result of traffic management. The entrance is less attractive for pedestrians. It is virtually impos- sible to travel to these sites safely in anyway other than by vehicle, Generally, permeability, especially l i~r for pedestrians, was given a low priority in much recent development, including that of sig:il fic ant sites. The existing circulation networks in the City necd,.o be complemented and expanded by new develop- ment to increase choice of movement and reduction of vehicle use. C:WCBETRCommhaulvrpta',Utbmtk,,,nP0."p6r EXHIBITA 1 l ~ I i Draft D nton orn r hensivePlan April 13th 1999 C. BUILDINGS & CHARACTER { Denton has great diversity in the character of its urban environment, This results from different types of buildings and spaces associated with different functions, periods of construction, scales, changes in style, fashion, materials, constructio gal techniques and culture. This diversity is an important character- istic of the City's urban environment. The emphasis of planning policy and zoning has been on the physical separation of different uses and accommodation of the automobile. Although some new development has done some to improve the negative legacy of the recent past, It has also created a new set of problems as car usage has been assumed In the design and location of new development, The quality of the built environment 11331.-uf- fered as open spaces have become dominated by car parking, The most obvious examples of this are some retail centers, where standard, undistinguished buildings, set behind extensive car-parking, in gen- eral create a poor quality urban environment, generate traffic, and are unsafe for pedestrians. These developments have created some short-term employment and prosperity and attracted some people to shop in Denton, who may otherwise have gone out of the area. Recent changes In City policy regarding design have recognized the damage that uncontrolled development of this type can cause, environmen- tally, socially, and economically. The built environment of Denton tends to be of a smaller scale than in many Cities. Although there ate a few tall landmark buildings that punctuate the townscape, much development, even in town or mixed use centers, is usually two or three stories, and in downtown as much as five or mote, The most promi• nent buildings tend to be in and around the downtown square and it's Immediate vic Wry, emphasizing; its status as the Central Business District. Additionally, the structures on both university campuses have landmark buildings that dustinguish each campus with it's own identity. The mail building materials of the nineteenth century were brick, limestone, marble, plaster and wood, in the twentieth century, there has been a greaterdiversity ofbuilding materials, including con- crete, metals and plastics, These have allowed greater diversity of construction, form and finish in build- ings. Many older parts of the City, especially traditional neighborhood areas and the central business district, have suffered from decline in the later twentieth century v a result of restructuring, rationalization and relocation. This has created a degraded environment, with buildings and spaces suffering from neglect, vacancy and poor maintenance, Although a serious problem at the moment, these areas have the poten- tial to become places of considerable character and quality, Many of these structures have been reused and refurbished in a way that builds on the area rather than depleting it's character. The 1980s and 190s have produced little significant architecture in th + City. Little has been built of a quality to be featured in t%c notional architectural and design Joumals. 'Design Build' schemes, which have increasingly been used for new development, have generally produced poor quality results, How- ever, the universities have built recent structures that enhance the context of their individual campuses ' an, dd significantly to the character and urban form of the community (Figwre-THV 'r new Pioneer C.'A1C'8E7tfCvrexeAen~heplan`UF ui Delp 3•I9." p66 9.XH1BIfA s . c' i I Draft Denton Com rehensive Plan April 13th. 1999 D. OPPORTUNITIES & CONSTRAINTS From the analysis and consideration of other relevant factors, a number of opportunities and constraints regarding the quality of the City's urban environment maybe identified. 1. Urban Environment Opportunities A. Green Space The City has a long historyof providing landscaped public open space, from the public parks of the 19th and 20th centuries to the large-scale land reclamation and restoration schemes of the 1990s. These, together with the greenbelts, Iloodplains and other open spaces, provide a high quantity of green space, although there is much scope for improvement in terms of quality. In addition, the City has extremely attractive rural areas with high landscape value, providing a valuable amenity for the local population, as well as providing ranching and farming activities. b. Ucation and Communications The City has a central geographic location, north of and between Dallas and Fort Worth, but is sufficiently distant from them to farm the natural focus for the Denton County region. There are good transportation links to the City by road, rail and water. c. New Development and Redevelopment The City has developed and changed over the last one and a half centuries and this proepss continues. This has the potential to bring gnat improvements to the quality of the u:.. environment, although this cannot be taken for granted and new development can also cause harm ifaccepted indiscriminately. d. Changes inCitvl'olicv Far greater emphasis has been placed on "quality" urban design and sustainability by recently revised planning policy and the Growth Management Strategy. This encourages the City to give greater priority to matters such as design, town center regeneration and a balanced approach to transportation, growth and sustainability at all levels. e. Hi her Education The City remains a center for Higher Education. The universities provide a stable employ- ment base, f. Local Community Denton has a stable local community who are loyal to the area and a significant core of people strongly motivated to achieve real improvements in their City. g. Multi Certered Structure The structure of the City, based around different town centers/mixed use centers, leads natu- rally to a strong sense of local Identity and approximates urban village structuring in some cases. C VdCBETtr{'anvrchejhs p1;n UrMn tkdrn l•19-99 p6! EXHIBIT A 9 II 1 I Draft Denton Corn rehensive Pian Aril 3th 1999 I h. Safety The City is perceived to have a safe living environment compared to many cities in the Metroplex• 1. Tourism and Heritaee The City has a growing tourism industry based on its music, art culture, museums, historic structures, and factory shops. This provides employinent and has the potential to signifi- cantly change perceptions of the City. Tourism projects sometimes provide opportunities to reuse historic buildings and trade in the downtown receives its share of tourism dollars. j. Inner-City Develo ment Capacity Restructuring has left some vacant inner-city sites and a number of under-used or vacant buildings. This provides the City with the capacity for inner-city development, assisting in economic regeneration and absorbing development pressures that might otherwise be di- rected at the surrounding rural environment, as well as increasing the sanctity and presence of the downtown. This also assures it's identity and ability to continue to attract commerce I and tourism. I k. Access to Funding Large scale investment has recently been attracted to the City. Funding is required especially in older areas to trigger economic regeneration. t 2. Urban Environment Constraints a. Negative lM"I ~I There is still a lack of awareness of the relationship between urban quality and perceptions of the City by the public, employers, developers and potential investors. b. Low Awarene`o of Urban and Architectural Desien lesue• Compared to many metroplex cities, little emphasis has been placed on the quality of urban and architectural design in Denton, The standard of design in new development is generally r;.diocre both in terms of urban and architectural quality. The City needs to achieve the kind of high-quality landmark schemes that other prosperous cities have achieved. c. Low Ouantity of Good Architecture Thr City currently has only one nationally listed building (Denton County Courthouse), no state listed buildings and 46 city listed buildings, and the new architecture of the last few decades has been generally mediocre to poor with a few exceptional examples. d. Low Quantity of Good all rban Spaces ~ Few spaces are F aspitable to pedestrians and invite people to linger and interact. The spaces that are potentially of good quality are significantly harmed by traffic Intrusion and poor ` I N infrastructure. } e. Poor Standard of Des gp in New Residential Developments New residential areas especially suffer from poor design, few amenitles, poor pedestrian CVdCBEi}fCompeMnffr~pLe~lhhenDeilpMO."pO EXMITA to . t Draft Denton Com r hensive Plan Aarll 13th,1999 access, a lack of public facilities and a failure to integrate with the City's urban character. Hierarchical road layouts and'offthe peg' design have characterized much recent housing development, resulting in poor permeability and legibility. The large house building develop- ers have tended to aim for short-term cash turnover and have catered for a middle market, failing to provide for more specialized needs. f Need to Improve Le 'bility The structure of the City and layout of the path network is confusing and lacking in memo- rable features. g. Necd for Greater Ptrmcabi lit The City's network of paths does not offer satisfactory choice and convenience for users. New development often fails to improve p: rme,-b0;ty, h. Problematical Ground Conditions These include subsidence, erosion, poorly filled land, poor soils, geological faults, a high quantity of floodplain, and past dereliction. Poor ground conditions can encumber redevel- opment. I. Inadequate Maintenance and Poor Alterations Much older building fabric is badly maintained, neglected, under-used or redundant. Inap- propriate alterations have harmed their integrity and character. In some cases, buildings that would otherwise have been of listable quality have been damaged to the point where they can no longer be considered listable. j. Pressure for Development There is pressure to accept development at any price and of any quality, This is it legacy of the past when it was more difficult to attract investment 10 the City, k. Distribution of Uses The trend has been for housing, employment, leisure and other facilities to be more widely distributed with less mixture of uses, especially in new developments. 1. Vehicular Growth The continuing accommodation of vehicular growth is Inflicting considerable damage on the City, socially, economically and environmentally. This harms the quality of life, health and long-term prosperity, m. Negative Impact of Transportation Infrastructure The quality of spaces in and around development is greatly limited by car-parking and other Infrastructure. Transportation infrastructure also uses large areas of the City's viable land t resources (roads, car-parking, servicing). r f f The City's fabric Is not a complete and finished entity, but is In constant transition. Some current trends of change result in the enhancement of the urban environment, while others potentially threaten urban quality and local distinctiveness. Factors that are desirable to reinforce through development CuresETtrcarr"nm,uweta,0buD,isnr•19."pss EXHIBITA 11 ~ I I Draft Denton Coma rehensive plan Aurl 13th. 1999 and change include, the multicenter structure of the City; the extensive distribution of greenery; a t diverse and finely distributed mixture of uses; architectural diversity; strong physical definition of roads, nodes, corridors, squares and spaces. Recent trends that threaten local distinctiveness and urban quality include, the trend to a distinct separation in the distribution of uses; the accommodation of the continuing growth in vehicular traffic; the decentralization of retail activities; and, the acceptance of low quality architectural and urban design. The Design Stra'egy aims to influence the process of change and development, pro- moting urban quality and local distinctiveness, while improving the identified threats. 111. ~ Urban Design Policies The city, buildings, roadways, and landscape is the physical manifestation of its people, their values, and the community's character. What is built and how it is built it is on display for everyone to see. Residents and visitors form their own impressions of Dcnton's Image and identity based upon individual experiences. Asa community, all stakeholders influence the city's urban design qualities. Urban character is influenced by thousands of individual investment decisions made on a daily basis by homeowners, developers, business firms, institutions, and public agencies. Many other cities have experienced significant economic benefits when urban design issues are properly addressed. "Urban Design" is a term used to define how a community manages its physical and visual character. Properly developed urban design policies need to acknowledge economic realities and functional J necessities. Different areas in the City serve different purposes, so district•oriented urban design strategies 1 areappropriate. Practical and reasonable expectations require that urban design efforts be concentrated on the "public environment", a term that refers to areas that are either physically accessible or visually prominent to members of the general public, We seek to maximize both public and private benefits by improving visual quality and perceptions ofour image. A. Visual quality objectives and a healthy business climate should not be considered mutually exclusive. Urban design concepts should be incorporated into private development plans early into the review process. Attention should be paid to design principles that in many cases do not increase project cost. B. The Impact of public features such as signage, electric lines, valve boxes, solid waste receptacles, streets, curbs and gutters, sidewalks, buildings, parking lots, and parks should be recognized as impor. tint factors in affecting community appearance. City government will exert a leadership role In follow. ing the principles of good urban design, C. The city's urban design strategies will be guided by the principle that the spaces between buildings are just as important as the buildings themselves. 'fhe form ofpublic spaces should support their in- tended functions, and their visual qualities should communicate the values we feel are important. D. Concern for community appearance should be addressed in a comprehensive manner, Such an approach provides the opportunity to integrate urban design objectives with other planning mecha• CWCBENVon-Omeivepla heenoei{jn 7•i9."pes IMBITA 1! I c Draft Benton Comnrehenslve Plan April 13th 1999 w nisms, such as land use, zoning, subdivision regulations, historic preservation, economic development, and environmental protection. E. Architectural diversity and creativity should be encouraged to avoid homogeneity and sterility. Con. trot and variety contribute strongly to visual interest and viewer perceptions of quality. Implementation of design standards by the City will pay strong attention to avoid regulations that promote sameness and stifle individuality. F. Urban design principles should be emphasized in neighborhood revitalization plans, and residents should help to determine social and cultural values that are reflected visually. Infill development should be evaluated carefully to promote compatibility with existing structures. New development can provide ' contrast yet complement older structures. C. Opportunities for the display of public art and practice of the performing ads should be provided in a variety of public property venues, including parks, street rights-of--way and public buildings. H. The unique and distinctive cultural and architectural features of Denton should be identified, re- stored, prese-red and maintained through a partnership between the City and private interests, In keep- ing with the Historic Preservation Plan. 1. Devclopinent along major entranceways influences first impressions and the image of Denton. Good urban design should be encouraged and promoted to enhance the appearance and perception of quality along thoroughfare corridors. J. The City of Denton's image is strongly Influenced by its universities, and efforts should be made to enhance their appearance whenever possible, The City should strive to encourage more community interaction with the universities by linking physical access between university and public property. K. The value of trecs and land,;aping should be recognized as Important features that strongly influ- ence the aesthetics and environmental quality of the City. This recognition of value will be reflected In all development standards. L. The City will continue to view the Downtown as a unique and dominant arcs that merits special attention. A comprehensive downtown revitalization program, based on the strategies of the Texas Urban Main Street program, will be pursued to maintain the momentum created by recent Improve- ments. IV Design Goals and Strategies , The citywide Strategy for the bui It environment will give design Issues a status so they are considered ss r r a matter of practice by decision makers Involved with the City's urban environment. The strategy Is as p l much about promoting awareness of deslgn Issues to those involved with the development of the Cuban environment as it is of providing a policy framework for development So, in addition to being a tool for city staff and elected ofiiclaIs Involved in development control, it Is aimed at architects, developers, CNiCBETNtaryretwulveplm\lhMnDnl~nr•19.99p6! CXWBITA I) . C 1f Dra~tonCom rehensivePlan April 13th, 1999 neighborhoo i groups and members of the community with an interest in the built environment. Denton is a young city in historical terms. The existing built environment is primarily the product of one and a half centuries of growth and change. The Strategy is forward looking and depends on continuing growth and change for its Implementation. Its purpose is to shape and influence that process, not to stop or reverse it. Future development should be informed by the past: but not held back by it. The Strategy Is a framework where qualitative assessment of development schemes can be made. Good design control requires this approach, avoiding arbitrary judgements based on personal preference, but intervening where inadequate care has ben t2ken in the formulation of schemes. The Strategy places certain explicit requirements on developers such as the need to submit design standards with significant planning applications. The presumption should be In favor of creating good urban design, as perceived by people "using" the built environment, especially those on foot. It is recognized that this will often require a flexible approach to quantifiable standards, In consie.ering planning applications, new development that fails to raise or maintain the quality of the urban environment, considered against the context of guidance in this Strategy, will be interpreted as being poor design. In time, the Strategy will contribute to the City's plan review process. The document as based on the Strategy and Included in the development regulations, will form supplementary guidance to the Comprehensive Plan. Through this mechanism, the strategy will have the status of statutory planning guidance to developers and a tool In development control. ' Planning law and policy concentrate on the issue of the relationship between new development and the existing urban environment. It also emphasizes the desirabilityof reinforcing Denton'a distinctiveness. The issue of context underlines much of the Strategy In order to ensure its relevance and chances of successful implementation within the context of the City's planning system. The Strategy includes goals, together with interpretive paragraphs defining the terms ofthe goals. More detailed Interpretations, explanations and illustrations for each goal are followed with the strategies. 1 A. URBAN STRUCTURi; 1. Coals Development schemes should complement or reinforce the urban structure and urban sustainability of the City. New development will be expected to reinforce the City's structure by: a) Contributing to the special roles of the City's downtown, universities and mixed use centers and subsidiary developments to that each becomes the focus for a disd,ncuve range r of facilities and uses; b) Providing traditional neighborhood development within the City to effectuate change in urban patterns that add to the original structure and permeability of the City; and, c) Providing mixed-use center schemes for significant and key sites, . C VdCDtVPCorc"tO%lwy4n\V#W uirJ-10M,p6$ EXHIBIT A 14 • , ..rte , h nlnn ( u!rr ,r I!, n.i~, IV,rr! 1112 it IJIh, 1999 ! t 1i ' art ,l~.i i r , top, I'W WA M t. The divarticy 4umF in town r„ centem 4&d their &rm&luy to people hying and WO&nd in the am, make an t_ . 1 ~unrl I ~ ■ c Draft Denton Corn rehensive Plan Aril 13th 1999 a bility,reducingjoumeys,enhancing vitality, safety and security, andcommunitylde.ttityordistinc- tiveness. This will be emphasized in design guidance for infill and development sites or significant sites in town centers which will specify a mixture of uses and preclude single use developments. (Figure-drawn examples of TOD'r, TND's) The development of significant sites, including key town center sites, should include mixed-use schemes, and schemes that broaden the range aid quality of the facilities and services available in the City. There will be a preference for mixed-use and urban village developments on significant sites. This ties directly into specific aspects of the Growth Management Strategy and the Land Use Plan. Residential developments will be expected to include variety in the type and size of accommoda- tions. It is a fact that "sustainable" city development includes higher densities and varieties of residential development, and that they are more cost effective for the City to serve and maintain than the conventional suburban or estate style large lot development. In central areas, higher densities of development are desirable In the interests of making local facilities more viable. It is of course recognized that some uses and employers require large single use sites for their efficient operation, but this does not preclude these sites from meeting the urban standard. This also ties directly into the Growth Management Strategy and sustainability efforts of the City, If the various town centers in the City are lobe successfully planned or regenerated, their different roles need to be identified and reinforced, in brief, the roles of the existing and planned town/mixed t use centers, are as follows: 1 Downtown/Central Business DlstricWaiversities Ceatcrs Historic town center containing the best concentration of historic buildings, the town square and historic County Courthouse and Museum, and reuse of older homes into service use businesses, connection into the 0ak Street corridor and connecting peripherally to UNT and up Locust through TWU. District shopping and restaurant related tourism. Center for culture, entertainment, higher education and the visual arts. Golden Triangle Mall and Adjacent Retall/Commercial 1 Denton Mail combined with Loop 288 and 1H35 forms the major central retail districtof the City. i Single and Multi-Business and Retail District shopping centers and brocers, restaurants, strip commercial, fast food restaurants and various service oriented businesses predominantly located along US 380/Un?versity Boulevard, Intermittent service and retail occur along portions of East McKinney. a Exposition Mills Outlet Mall mod Future Mixed Use Center Tourism based outlet shopping center located along north Loop 288 of the City, and at A the junction of lH35N and Hwy, 77. This area is planned for large scale future mixed use and office. a Denton Muntelpai Airport and Industrial Centers To the west of IN 35 and south of US 380 the municipal airport sad existing Industrial C:NICBETFr{'ortpiehen~Wl plm'thbin 3.19-" p63 EXMITA 36 . c I ~r Draft D tt n Com rehensive Plan Aril 131h 1999 development coexist as Denton's commerce, transportation, manufacturing and Industrial development center. Additional existing industrial occurs along north Hwy. 377, Hwy. 384 on the east side, and along Loup 288 on the east side of the City. Another pocket of industrial resides within the southeastern sector of the City. The aim of this goal is to ensure that development reinforces the multi-centered structure if the City and contributes to a more sustainable distribution of uses. New development In town centers will be encouraged to provide a greater diversity of uses and to reinforce the different roles of the various centers. The accommodation of di fferent uses should help to create diversity of form in new devel- opments. The reinforcement of their distinctive characters maximizes their chances of successful regeneration and helps to ensure that they complement and reinforce each other rather than compet- ing. This is essential to retain Denton's fundamental urban structure and to retain the character of distinctive communities in different parts of the City. B. URBAN DESIGN 1. Goal The basic elements of good urban design should be incorporated Into new development schemes, the design of public spaces and transportation Infrastructure. The City will consider the quality of urban spaces within the development Fite, as well as the contribution made to the public realm outside of the site. New development will be expected lo: a. Reinforce, enhance or improve the established urban character of streets, equates and other urban spaces; b. Functionally complement existing pedestrian sidewalk, trail and circulation networks; c. Respond to contextual features including existing development, topography, site bound- aries, laths, edges, nodes, views, natural environments and other features; d. Contribute to a safe and secure urban environment; e. Enhance the City's character in terms of variety and diversity of experience; f. Be accessible and useable to people of & range of mobility and physical ability; g. Create attractive, well functic wing spaces within the site; and, h. Create useable spaces for trash, mechanical equipment, and signage within a :ite in it creative and consistent manner. J The design of spaces and contribution made by development to the public realm should be a result of i Informed and thoughtful design decisions and should not be 1efl to a late stage of the design process. j Development should enhance the established spatial character of roads and spaces. It Is esmniial that 1 the design of development be based on a thorough analysis of the site and its surroundings. Factors to be taken into account in the design of development schemes Include accessibility, variety, safety C:WCEETWcn"s&4iv@p1m%AmndenenM9."$9 EXMBITA 17 . j t Draft Denton Com rehen ive Plan Aril 13th 1"9 and health, permeability, durability mid sustainability, legibility, the natural environment and urban context. 2. Strategies Creating better streets and public spaces. The design of spaces is as important as the design of individual buildings (Figures-). The spaces, squares and streets that make up the public realm are where circulation and social Interaction take place. Spaces also help to create a "sense of place" and arealdis. trict identity (Figures-) Formal planning can prod,rce spaces of high quality, Denton's down- towm is an excellent example of a formally planned square in the City, although the space is somewhat degraded by traffic intrusion and parking, and inappropriate refacing of structures or removal of original ornamentation and glazing (Figure However, in many instances, the incremental nature of the development process throughout the G:y means that the design of spaces is uncoordinated. This is sometimes not a bad thing. Some attractive spaces have been produced in this wsy in the past But, the public realm Is often neglected by developers. In recent large-scale developments in the City, there has been a tendency for the design of spaces to be determined primarily bycar-parking and servicing requirements. Even in more densely Bevel oped areas, there is a natural tendency for developers to look at their own sites in isolation rather than as part of a larger scheme. Thus the design of spaces and streets must no longer be left to chance. Coordination is necessary, even for informal spaces. The role of planning control over de. sign is to ensure that the external effects of any development on the urban environment are consid. Bred so that new development reinforces area and district urban character and enhances the quality of the public realm (Figures-). The impact on the public realm will be taken into account when considering development proposals and planning public spaces. The goals and strategies require good urban design practice, and this includes consideration of the following: A. Accessibility This is the ease with which people can access a full range of facilities such as shops, leisure, employment and all areas of the public realm. Accessibility is affected by: the location and distribution of ; ses; choice in the means of transportation, Including facilities for less mobile people such as non-car users; the physical design of spaces and pedestrian circulation sys- tem?, such as facilities for a full range ofphysical abilities. New development will be acces- sible to the widest range of people both in terms of its location and the physical design of spa"s and buildings. b. Variety { Variety crusts is related to accessibility. The greater the variety of uses in each district of the City, the more accessible they are to the widest range of people of varying degrees of mobil- CWC8ETKCcnvme flv1p1anVkb+nDeISO.It99.pO EMBITA 11 i i t I f t Draft D on om rehens ve Plan _ April 13th, 1999 v ity. Variety of facilities is desirable at different scales: Citywide; in each mixed use/town j l center and district; and within inuividual sites cc blocks. Variety is desirable because it caters to a greater range of people and can reduce the need for car journeys. The need to maintain variety points tht way towards mixed-use developments, especia' iy for larger sites. Variety also refers to the quality of the built environment. Changing fashions over time have created a diverse range )f styles and building types around the City. Different spaces and streets have their own distinctive character. Older buildings can also be useful in promoting variety of use, by providing low-cost floor space. New, contemporary design also increases variety. Variety is also about the range in types of accommodation available with any building type. Taking housing as an example, this refers to the range of size, tenure, building-type, affordability, location, etc. c. Safety and Health A well designed built environment can help to engender feelings of safety and security. An unsafe environment can literally imprison people in their own homes, especially during the hours of darkness. Mixed uses, including residential accommodation and evening activities can obviously increase the level of activity and surveillance In a place. Good lighting and good layout are further Important factors. The Clean Air Act has done much to improve air quality since it was enacted. However, an additional threat to health has arisen from increas- ing exhaust emissions. An integrated transportation strategy at the national, state and local levels is necessary for this problem to be seriously addressed. Designtrs will be expected to demonstrate that safety has been a factor in producing new schemes. d. Permeability The number of altemative ways through an environment is a measure ofan area's permeabil- ity. People can move around with greater case and with more choice through a permeable environment than through an impermeable one. New development should maximize perme- ability both within the site and in the wider context. This will require site planning to be based on an analysis of existing path structures and pall bms of movement and for new develop- ment to be designed to complement that network as well as maxlmizing the choice of move- meet within the development site itself. Paths into a site will Join rather than forming a series of dead-ends in most cases, New development will be expected to exploit opportunities to improve choice and convenience of movement. e. Durability and Endurance These are very important in achieving a sustainable and adaptable built environment. The use of high quality materials for surfaces should be & priority. The resistance of materials to wear Is important if they are to last and not require excessive maintenance. Short term economies are often expensive In the end result. Flexibility and adaplability in the design and layout of space are also important factors if they are to accommodate changing demands and accom- modate a variety of activities in coming decades, 1 r, ti f. l.eeibitity t The legibility of a place is the ease with which people can vnderstand its layout, Good legibil- ity is important quite simply because it allows people to find their way around the City. New development provides the opportunity to improve legibility. Development schemes will be C:VNC9ETWompnt,m,Ivep1WUrbmmNOW0.10-"p63 EXHIBITA 19 . t. Draft Denton om rehen iv Plan April 131h,1999 expected to: complement and reinfoi cc the urban character of paths by reinforcing defintion and enclosure and providing landmark features at strategic locations; emphasize edges in the t, townscape; contribute to diversity and distinctiveness in the character of the City's various districts; emphasize the urban deR~ition ofnodes and corridors and make them more r;etno- rable through distinctive Iand6cape, features and landmarks; and, emphasis and prokat the natural and riparian environments and features within the site and provide connectivity through these systems. The development of any site contributes to defining and shaping the public realm. Recent new devel- opment has often fai led to reinforce the City's more dense urban character. The operational require- ments of the development only have been considered and the environment outside of the develop- ment site disregarded. The placing of car parking in front of buildings, adjacent to the road frontage is the most obvious example of this. In considering planning applications, or in formulating designs for new or existing spaces, consider- ation wit I be made of the a.JOve factors. Developers wi11 c; expected to demonstrate in their plans and developments that consideration has occurred requiring the contribution made by new develop- j ment to the public realm (Figures- Sites must not be considered in isolation, but must be consid- ered as part of the surrounding townscape, and opportunities and constraints must be considered. While new development may and should have its own w ique character, it should integrate with its surroundings in matters such as circulation and the definition of the public realm. It should have its own unique function, character and appearance, but contribute to the overall fabric or context of the t City. In order to achieve these aims, the design process must be based on a thorough analysis of the site and its environs. It is impossible to comprehensively specify what such an analysis shouts Include, each site is unique and must be considered Individually. However, tho type of matters to be consid- ered would include: + Paths in and around the site + Changes in levels + Behavior patterns in and around the site + Urban orm + Views Into and out of the site + Relationship to existing stn.ctures Vistas + Enclosure of streets and spaces + Topography in and around the site + Sunlight + Landmarks Orientation + Strategic qualities of the site + Native and existing habitats + The nature of boundaries + Proximity to others Public transportation routes + Climate + Diversity of use + Riparian and floodplain protection Following site analysis, a creative design input Is required to achieve the needs of the potential use of r , t the site, while reacting to the site's unique set of characteristics. The characteristics of existing public spaces and road frontages should be reinforced or comply mented by new development, in terms of enclosure, definition of road frontages, height, and mass (Figures-). Many main roads and urban spaces are characterized by strong enclosure created by C:NC8ETVC9mpm 0npln.'-UptwDestanJ-l9-99.W tiXHIBITA 20 . Dr.0i Denton Corn rehensive Plan April 131h.1999 building frontages Whet, the established character is based on enclosure, new development will t complement this. Development should relate directly to adjacent paths, internal paths, future railways,transit oriented (Icsigns i I-OD's), nodes, or bodies of water. Where there is a consistent, cstlblished building line or height, new development will normally continue and reinforce it, except,N here there is an urban design reason for not doing so, for example the creation of spaces or architectural landmarks at strategically determined locations. Where an existing frontage building is redeveloped, the replacement devclopment should normally preserve the degree of definition and enclosure created by the original, in terms of height, mass, and the relationship to road or lake frontages. However, ifthcarca is in transition, new build-to lines will be estahlished and these directives will be adhered to otherwise. Comers, junctions and gateway sites w iC be reinforced by landmark buildings of similar or larger scale to the adjoining properties. It is not appropriate to use comer sites for car-parking or servicing space ( at parking arras dill nomtally be located away from street or water frontages and screened by buildings orother means. Largercar parkswill incorporate imaginative landscape design to enhance their appearance. Car parking in new housing developments will be located to the side of the prop. ertics or, in the case of perimeter blocks, to the rear. Where parking to house frontages Is unavoid- able, a depth of one car only should be provided and the garaging structure should be setback well beyond the from fagadc. Use of shared drives and permeable paving is appropriate to reduce the impact of multiple front entry loading of drives and car parking Provisions for parking %A ithin the block is required where the narrowest of path widths are utilised. The achievement of good urban design requires great care and talent at the design stage, This wilibe taken into account by des'cl- opcrs "lien choosing their designers and planning their develop- ment. Good urban design is not necessarily more expensive in ma- terial terns. T he saute elements can produce schemes of inftnitcly variable qual ity. Cost is often used as an excuse for poor design The real reason is more oflcn to do with a lack of awareness or consideration of ur• ban design issues However, if the budget for a project is so limited that a reasonable standard of design is impossible, then it is unteal- is6c and the developer cannot expect to gain devclopment or plan- ning permission. C. Alt(~I1'I'fl'1L~l.bhSlG t, Goals proposals for rcw buildings in prominent or sensitive locations should clearly show that there has been creative architectural Icsign input The follo,ving should be apparent in new buildings: i !4!aI III Inml,., brranrplin lkfiuniknF~LI')`p>r4! LX11IIilt'A 21 . i t Drul'1 Denton Cum rehensive Plan Aril 13th 1999 A • A creative design. _ -..:lion specific to the site in question; ■ An understanding of the fundamental theoretical principles of any chosen style; ■ Attention to the quality of materials, finishes and details; and, • Considemtionoferficientfunctioning and sustainability. The intention of these goals and strategies is to encourage creative, principled architecture. Factors considered to contribute to archi. txtural quality include: creativity, innovation, fitness for purpose, ecological and urban sustainability, knowledge of design theory and principles, and attention to detail. The Urban Design Diagram will be applied to indicate sensitive locations. Prominent locations would include those on main road frontages, adjacent to nodes, and in elevated or highly visible positions. 1, Strategles Encouraging high-quality, creative, well-functioning architecture. There has been a pronounced reactionary tendency in the architectural design of the last two de- cades, Despite an unprecedented advance In building technology, the fashion has been for 'heritage' imagery, usually of a debased and superficial nature and taking the form of an applied external skin. t This provides an inaccurate image of the past, devoid of any real understanding of the principles of the buildings parodied. Some prominent architectural writers have criticized this In strong terms.This tendency to designing low-quality parodies of nearby older buildings is especially a problem In con- scrvation areas, A tendency to use off-the-peg design has been a further charocieristic of recent architecture. This may be illustrated by looking at various recent developments of small offices, fast food restaurants, clinics, community centers, religious buildings, discount superstores, etc, Many suchbuildings are esb:ntially lift wall, concrete block, metal-faced, brick-faced, plaster panel and the structures with little to indicate their use and little creative design input, other than the sometimes flamboyant or market-based color schemes of that business (Figures-along University or Dallas Drive), These trends towards formularized design have reduced the distinctiveness of di fferent distr,:ts and of the City as a whole, It Is highly desirable fur new buildings to be informed by thorough historical architectural knowl- edge and contexi, but not to imitate older buildings. The most important theoretical work on archl- lecture of the twentieth century, Le Corbusier's Vers Une Architecture, highlights the desirability or understanding and drawing on timeless princ ipics ordesign used In great buildings of the p ,45t, such as rules orcomposition, geometric forms, regulating lines and proportioning systems. Many of the ~ most innovative and creative buildings of the twentieth century have been Inforn:d by such an A, understanding, but expressed in a contemporary language. f The aim of these strategies Is to encourage high-quality architectural design. Innovation, creativity and originality are considered to be primary ingredients of high-quality architecture. Much depends on the abil itics or the designer. Radical or challenging design solutions will be positively welcomad. cvttnerrrrongnhmsit ripleUfborkiisnr-to-vaass EXHIBITA 22 6 l Draft Denton Comprehensive Plan April 13th 1999 ( (Figure -Murchison Center) The most admired buildings of past ages were often verychallenging at the time of their construction. It is now difficult to appreciate how radical buildings created by Frank I loyd Wright or Le Corbusier looked in their day, Such buildings are individualistic, provide con- trast, and in these ways create local identity and contribute to local distinctiveness. The clear lesson of the past is that new buildings should be designed in an unmistakably contemporary style. Not all buildings can be landmarks. The City has a few landmark buildings set against low-key background buildings. But background buildings can still contribute much to the quality of the to,vnscape by providing variety and helping to define space. Careful consideration of matters such as proportioning, detailing and context Is still important. 1 Architectural design is not about facades, but about three-dimensional form, structure, culture, hu- man activity, theoretical and abstract principles, and artistic and technical achievement. To consider the urban environment purely In abstract spatial terms Is to miss the most Important factor in achiev- ing quality. Architectural and urban design am inextricably linked. An urban space may be a text- book example of good urban design, but still fail if the architectural design of the buildings around the space are two-dimensional and of poor quality, Architectural design can sometimes be used to integrate the functions of buildings with the public realm, adding to interest and vitality. The impact of architecture on the public realm must be considered. For example, main frontages and comers would include main entrances, glazing or other features to create activity at the ground floor level, It Is difficult to determine what is meant by quality when referring to architecture and it cannot be comprehensively defined. However, it includes the following: a. Creativity, Creativity is about originality, individualism and Imaginative problem solving in design (Fig- ure - Jim Kirkparricks Aechlierture Off ices on Mulberry, Zoom-Zooms, Leapln' Vza,dfr). Creative architecture is often memorable and adds to local distinctiveness. Creativity Is Indi- cated in the work of architects who have a recognizable personal style, setting them apart from their contemporaries, This Strategy alms to encourage creativity, as one of the primary ingredients of architectural quality. The most creative buildings of any time represent the 1 leading edge of that time's culture. b lnna atron Innovation is relatively rare, but relates to significant advances or unprecedented changes in architecture, for example in constructional technique, products or style (Figure-). Some periods of the past may generally be associated with Innovation, for example Victorian engi. neering and 1920s International Modernism, An emerging trend in building products, par- ticularly of a sustainable nature, "Green" products, and reuse products are positive efforts being realized now and into the new miileniurn. c, Fitness for 'uroose 1 l This is the eTciency with which abuilding serves the !unction for which it was designed. This covers a very wide range of issues. Good access, temperature control, natural lightii g, and of is lency of layout areJ ust a few examples. Where buildings are for public use, partic i- pation by the public in specifying the functional requirements of the design is highly dealt. C:NCBETNKbmprtbemleeptan',UrbendedanJ.R-9905 EXHIBITA 21 y, Draft Denton Corn rehensive Pion Aril 13th 1999 able. It may suund obvious that buildings should be tit for their intenued purpose, but a t surprisingly high proportion of buildings are unsatisfactory in this respect and it should not be taken for granted. d, Sustainability Sustainabil ity is about the responsible use of scarcy resources, taking into account the lrgacy left to future generations, It is widely recognized that current generations are living beyond their means. Primary concerns to architecture include energy efficiency, a her:thy internal environment, durability of building materials, and flexibility to change thereby avoiding the wastage of resources associated with demolition and redevelopiti.-M. Adaptability to change and low energy usage are themes of some high-tech architecture, utilizing new and "grcen'materials and technologies. These factors are de. sirable in the longer term on environmental and also finan- cial grounds. Short temi thinking and short term profit mo- tives lead to unsustainable design solutions. Use of"green", reuse and energy efficient products and technologies is nec- essary for continued sustainability. The City will particularl; mcourage the use of ecological principles in the design of architecture (Figures- anything in the City currently built with these materials). This could be seen as one of the most legitimate generators of a style for the new millennium. The location of buildings is a fur- ther important consideration to sustainability, A building maybe energy efficient, but still be unsustainable if its loca- tion involves significant vehicle traffic generation. e. Dcsian Principles and Historical KnowlcdYe Different architectural styles are based on identifiable design principles. An understanding of the underlying principles ofdesign, rather than the superficial appearanceof different styles, is required if high quality architecture is to be created, It is through a lack of understanding ofdesign principles that different architectural movements have degenerated, resulting In poor quality buildings. For example, classical architecture is fundamentally about order, proportioning and the application of geometrical principles to the planning and design of form and space. It is rot about adding a few columns andpediments as decoration. Figures-and_ illustrate how the underlying principles of classical architecture can be successfully applied to more contemporary styles. Where superficial appearance Is used to generate design, without an understanding of undcrlyi ng principles, quality is absent (Figure-). A further example of the erosion ofarchiteclural principles Is the gulf between the leading works associated withthe } Arts and Crafts Movement, and much housing currently bc.ng built, with its applied Tuderbelhan styling (Figure-). I he theoretical principles of any style provide a context against which to assess the quality of works within that style. It is through an understanding of fundamental design principles that C:WC9t1)tCmtprc1Wn1hfr1rutim"M118n5.19-99p61 EXHIBITA 24 . c cDrat't Denton C'ont rchcrtsive flan April 13th, 1999 great and timeless works are created. Many of the most innovative architectsoNiC twentieth ccnluryliave had exceptional knoa4odge of bui ldings of the past, Such knowledge can highlight the continuities in architeclure over time, f. (lttention to L)g ai Care in the way the component parts of a building arc designed and fitted together is an important clement cfquality, especially when a bnllding is viewed at close range (Figures-). Attention to detail can include the design of door hondlcs, tho joins between structure and walling, surface f nishcs, relative proportions, the layout of courts, the relationship and ma- terials, and permeability of a fence to the structure and outside environment, etc. Careful j attention to detail is often apparent in the works of leading architects. The quality of detail is not a superficial consideration, it delemi!neshow convenient and useful buildings are for their occupants and how successfully paper plans arc transfomned into well-finished cin- structior. Attention to detail is one of the first qualities to be sacrificed in dcsign•build development packages. g. Social Purpose Many Ieadingdcsigncr's ofthe twentieth cenlury lnaveconsidered architecture to be a means of improving social welfare. This wns a fundamental principle of Modemism in which the bcncfits of light, fresh-air and greenery were emphasized, together with the provision of welfare facilities foral!. These principles have underpinned many architectural movements. Ivlucll ofttie most inilucniial and valuable i architecture has given more importance to structure than i to decoration. A further common attitude is to see the I plan as tho generator of form. , This list is not comprchensive,but noes highlight sonic ofthedefiningcharacterislicsof high-qualityarch4l - lure. Pew buildings incorporate all oftliese and it is not suggested that new development should be expected to. However, then is no reason why nil new buildings should not incorporate as many as feasible. These are common practices and a concerted effort is rcgir!,cd if standards arc to be raised. Oood nrchitcc- turol design, like good urban design, is riot necessarily more expensive, but does require a highly competent design Input. Raising the quality of architectural design does not necessarily mean ndding more fcalures, In- r, decd, simplification and purification hascowribulcd to many great works in the past. More important is the way in u hlch the essential eicmenls ufconstruclion are put together. Sonic of the most important buildings of the last few decades have used standard parts and in- C WCnr14rd vnvtt1 fmi" pton'dhhan iWrn Y19 97p6! MAIN r A 25 n Draft Denton Comnrchensive Ilan April:131h,1999 dirstrial materials in their construction. Aulhenticity and appropriateness in the way any material is used and expressed is usually as important as the choice 4 material itself. Matters such as good proportioning, clear architectural grammar and good planning often have relatively low material cost implications, but arc about design compctcnce,'rhe choice ofdes'gner is ottcnthe most impor- tant factor in achieving quality in design. The process of procuring a new building or letting a maintenance contract is also a crucial stage in the implementation of dcvclopmcnt. Without careful attention at ibis stage of the develops enlpro- cess, it will not bepossible to producca quality outcome, simply because contractors rarely provide more than the client asks. The City will encourage the use ofarchitecturel competitions in respect ofmore significant develop- ment sites as a means to encouraging more distinctive design, and will actively explore the use of competitions in the devclopment of appropriate sites in its ownership. Calls for design and pro- grams for development related to projects with traditional neighborhood or new urbanism focus may be explored by the City in por1ncrship with potential developers. Ad design professionals. D. CONTEXT & DISTINCTIVENESS 1. GOafs Ucvclopmcnt proposalsshouldcontain sitc-spccific design solutions,bascd on an understanding of the urban context. In this way, dcvclopmcnt will reinforce Denton'sdistinctiveness. Thcse goals and strategies seek to ensure [hat new developments include site specific design solu- tions. Complementing context and reinforcing local distinctiveness are about reacting to the urban character of the area, not copying the style and dc[ailingof nearby buildings. New development will complement existing physical, spatial and functional characteristics of the built environment In tcnns of architectural design it should be interpreted to encourage individual- istic,creativc and distinctive design. 2, Stratcglrs Enriching local character by continuing the process of creative development. The most fundamental, but also most misinterpreted, design concept to the planning system is con- text, the appearance of proposed dcvclopmcnt and its relationship to its surroundings are material considerations, The City will reject poor designs. Poor designs Include those inappropriate to their comcx[, for example, those clearly out Of scale or Incompatible with their surroundingi. The desir- abili[yofrcir,forcing local distinctiveness is related in Denton policies, goals and strategies and will be cn,pl asizcd in future developments, In a conservation area there Is a his[orical duty to pay speclal attention to the desirability of preserv- ing or enhancing the character or appearance of that area. Unfortunately, in many instances the concepts of contem and local distinctiveness are misinterpreted to mean that new development should copy the styieor mimic someof the surface detailingof nearbyolder buildings. This Isolten done in a rather superficial manner, with no real understanding of the principles that created the r ~%kIHIf Cony 6v%Ivvplim i eNoigm3 9.9901 EXHIBITA 26 . c s Drnlt Denton Com rchensive Plan April 13t1s,1999 % original building (Figure This is a two dimensional view of context that ignores the historical process of dynamic change that has created the existing urban environment, fails to analyze the three dimensional form orthc urban environment, and which assumes that historic and other areas will be improved by imposing it bland unifomtityofstyle. (Figures Dynamic contrasts exist, especially betwcen major buildings. For example, the historic Denton County Courthouse contrasts strongly with surrounding buildings, as does the Trinity United Methodist Church with its striking ornamentation and detailing. These buildings contrast in their relationship to the surrounding townscape; the courthouse dominates its surroundings as a landmark, while the Methodist Church (Figure-UAfC) fas more closely into the urban grain of the surroundings (al- though stylistically it is in stark contrast). To copy older styles in new development within mess such as the historic Oak-Hickory District breaks the process of changing fashions and dcvclopn ent that created its character and thus repro- scnts a break with continuity. Respecting theestablished urban grain and creatingmodem, site spe- cific design solutions genuinely reacts to context and represents continuity with the best practice from the past. Continuity is about allowing the processes that have created the City to continue. The form of the City and its constitucntparls have changed out ofall recognition over thepast century. This process will continueoverthe next few centuries. New materials,uses and styleswill fundamentally change I j the character of the City. The past should be used to inform this process, but not to restrict it. The process of change and development, of styles, materials and constructional techniques, should not be impeded through planning design control, but should be encouraged. Planning Intervention Is about raising design standards and should welcome and encourage progress. Continuity is a process J of progress and development, not an exercise in imitation. An appreciation of the concept of conti• 1 nuity leads to a better and more nteaningful understanding of context. Conic it Is nothing to do with style, only sometimes to do with materials (depending on the area), but nlwayi to do with analysing the urban character Istics of the area, understanding the process of the area's historical development, aid designing new developtncnt for the specific site in question. Stan- dard,off-:hpcgdesignbydefinitionfailstoreacttothespeciricurbancontextandthereforerailsto reinforce local distinctiveness (Figure-photo oj_ J In ton text with the 7'{f O. In cases where new buildings are being designed for sites adjr,cent to architecturally outstanding buildings or in conservation areas, it is especially important to avoid imitation (Figure Imitation results in a blurring of historic buildings with their setting, revulting in a foss of distinctiveness and authcnlicityO'igurr•).Similarly,imitatiuglandmarkbuiiding~harmstheirsctting. Thewholepoint behind the design of distinctive landmark buildings is that they make an individualistic statement, setting them apart from their surroundings, The character of nloa: areas in the City Is based on a ran),e ofconirasts. Contrast is in manycascs the most sensitive and contextual thing todo (Figure l t In prominent or sensitive locations, the choice and quality of building materials is especially impor- tant. In particularly homogeneous areas, it will often be appropriate to draw on the established palette of materials, at least to sonic extent. i C:Vd('nl:rlydaniprchmilveplenAlrbnnNtIp3.r9A9p6! EXHIBITA 27 ■ i• Drati Denton Com rchensive Plan April 13th, 1999 E. DEVELOPLN1ENTINENVIRONMENTALLY SENSITr1ELOCAI NS 1. Coats In etwironmentaIly sensitive locations, new development will be expected to demonstratehigh stan- dards of architectural and urban design in a manner that complements or enhances the urban context. Environmentally sensitive IDeal ions include conservation areas,historic parks and gardens, and sites affecting tha setting of listed buildings, and buildings of special interest. in these locations it is especially important that a suitably qualified and experienced dcsigncr be commisslotted, Parodies of historical styles should be avoided in environmentally sensitive locations. Where a building of spe- 60 local interest has been demolished, or is intended to be demolished, the replacement develop- ment should egltal or exceed the architectural interest of the original building. Just because the building will be "new" does not mean it is better, Where alterations or extensions are proposed to listed building;, buildings in conservation areas, or buildings of special local interest, consideration will be made of the impact. 2. Strategies Responding to special architectural or historical character. Whcn considering new development in a conservation area, the City will pay special attention to the desirability of preserving o. enhancing the character or appearance of that area. rr i Historic District, Conservation Are,or Listed Mlilding status does not freeze the built environment or prevent change, but socks to manage change, as a qualitative filter. What Historic District, Con- servation Areaor Listed Building status does indicate is that some or all of the existing fabric is of ' value, that alic• xtions should be carefully designcd to preserve The important existing fabric, and that new additions should beofanappropriate quality. Thesameprinciplesapply tointcrttalalterations. ]'he City supports the broad principles fonnulatcd by The Historic Landmark Commission; That his. tone fabric should be conservativelympaired while new work expresses modern needs in a modem language. (Figure • new cafet rtia at Calhoun) Development proposals for sites iu environmentally sensitive locations will be carefully considered against the historical and urban design context of the area, Schemes containing superficial or de- based versions o f hi storical styles will be resisted in environmentally sensitive locations. i f conserva• tion is perceived as a barrier to creativity, then the concept has been misinterpreted. it is especially important that creative anr, principled design be used in environmentally sensitive locations. The 'safe' design solution is rarely the best. The most interesting historic buildings were often the most challci)ging in their day. Conservation area, historic district or listed buildingstalus does not necessarily implyany limitations on materials or means of construction os being appropriate. The use ofmodem materials, traditional Ae - r materials, or a combination of both can all be acceptable. However, authenticity is especially impor• t' Cant in historic areas and materials that pretend to be traditional such as uPVC mock sash windows or applied half limbering would not be appropriate, Equally, if modern materials and constructional techniques are used, they should not be disguised undera false traditional skin, butshould beclearly expressed. The painting, rendering or cladding of naturally expressed material surfaces, such as 4, ki('atim tttimhenlvepivobvoc,lon bt999prs FAMPITA 28 c' I Urul'i Denton Cam rehensive flan April 13th, 1999 " I brick, stone or concrete, will always be avoided. Conservation does not apply only to very old buildings. The best corks ofa'l periods arc worthy of protection. The dec;sionon what it is desirable to conserve should be based on an informed qualita. tive assessment, rat current fashionable taste. Recent buildings of architectural or historic Interest, especially post. warbui.dings, are perhaps most at risk from destruction or unsympathetic alteration. Lisling reviews of recent architecture are very selective, leaving many good quality buildings unpm- teclcd. The development control process will be used, as far as possible, to protect recent buildings of architectural or historic interest, In conservation areas, there will be a strong presumption in favor of the retention of buildings and features that make a signi 6cant contribution to the special interest of the area. Buildings and features that make I itile or no contribution maybe allowed to be demolished where the replacement develop- ment would raise the quality of the urban environment, having regard to the guidance contained in this Strategy, any relevant conservation area document and any other supplemcr:tary guidance, Where the case for redevelopment is cstablisheu in respect of listed buildings and buildings in con- scrvation areas, replacement development will be expectedto preserveor enhance the special inter. est of the site as far as possible, 'This implies a raising in the standard of design compared to the original building, to compensate for the loss of scarce historic fabric. Principled contemporary archi- tecture will be expected in these circumstances. Similar criteria will be applied when considering proposals for replacement development on sites occupied, or formerly occupied, by buildings of special local interest. Extensions to existing buildings should be designed and positioned to complement the original build- ings. Where the original building is a complete and coherent composition, the extension should normally be designed to clearly contrast with the original building. Large scale extensions should also contrast so as not to overwhelm the original building (Figure-). Smaller extensions may draw more from the original building's characteristics, but should still beefa contemporary nature, The imitalionofeb r styles is sonictiones appropriate for smnl ler scale alterations, for example the plac. ing of addilion,,1 windows in an elevation that has a uniform window style, The primary consider- alien in extending historic buildings is the effect on that building's special architectural orhistorie interest, One of the most i mponanl decisions when planning alterations or repairs to historic build- ings Is the selection of suitably qualified and experienced designers and builders. c F. PUBLIC A',AT 1. Coals The p:, vision of public art will normally be expected as part of ary large development scheme, i Large schemes will be interpreted to Include development that: incorporates spaces and landscape accessible to the public; involves a site of more than or- acre; and has a floor area of more than l r. - 5,000 square feet Public art should be considered as an integral pan of the design of spaces in and around development. Encouragement is given to the Involvement of commissioning experts, so that opportunities arc available to a wide range of amistic talent, C:IMCUCTFrCarpiihendvt pLnltlrkntks'an J-19-99p63 EXHIBIT A 29 I~as~ssstrill Ilcrtlur prchcntiisci A[rr11 111199 9 tirratc{;Ics I'sing Ai 1 to enrich the urb,ul cncirontncm, Pnhlic oil procidcs it rulubcr of hcuelils to the Cily. It cau crewe inlcresl, croate local disdnctica Hess, prONide it ntemortbl: im,tge;ls:.uci;lled ccith the ('Iq' or CcWlin districts within the ('it), lend cll,lractcr to urban spnccs, mni:c Ihc,~rhan cntiroumcnt nlorC allraclirc, and pruc9dc an irJiallion tllnl an nrca is bring imCStcd in, liar indiaidual J~cclupntrul sibs, publtrtrl can proeide identity, use utapc, and it nuliceohle heal prescuee thg{q Jr I I argr decch,plncut scholars cr ill he cyI,cclVd to incorporate public ctrt in the design of its landscape and sp.lccs1nruurugclncul Is giccn to lire incnh'cnlam of conunissioning csper'Is. ('arc is rcyuired to accunnnodalc pudic alt in6, the m crul I ullmm Livid Fuldscape design ofdtc silo; it should not be an allcrlhurtghI A v trivtN in types of public ;u1 Iltnnlghatd Ihr C'ily is dCSirohle Art corks may' hC representational (11 ahslr iLI, Io or Ihrce IIIIIICn51U11a1. Slalir 111 111.JN-II1g, formats con include sculplurc. lighting, murals, prr fianclne'r, fcalares a ithin the prouuJ surGu•r, rnncing images, eic 111CIItIo11% especially suilahlr li,r public wt ilrc!udc g:uCtc acs, urhau spaces, guhle walls rmd ulher huilding Sol facCS, pcdcalri,ut arc,ls, Icl'I accr areas of land, cimlhliun space, clc. (1'i ~arrc•-). I'u1111C alt maV he used in 91Ia1e1.lC IocetionS 1o COwl 11111C to lqg bdlly, for cX'am131C to pro%fdo emphasis to n,41CS, paths and districts. I'uhlic art can prm ido ursr Lonlnutrks ill the huill cmironrttenl, I he conlco of the nthan t'll0onmcllt should form Ills l,asis Thom a'Itich public all is crculCLI '1 his does liul lncut Thal it h.tstohc iinitali~COh scnntcXI,hut That it hcdesignc'd forthcspecilic loc'alion in y,tcaliun, Kn pl,lclic;.' issues in Nte design of puhhe alt ar'r inainhn,utre. durability and safely. I llc!;C issues „III hmc nlg,lit,Ilkllla t6l dlc 1111„ic;ll kkTifln 411 str(101110 ,ind thec•hoicr,ofrncdcrials. 1 G. I IM I,% 11I;511;.\ MACK 11 1. (;ualy I )r~ k opoicill I,n0p0sals 1111 sites ~dcrlilied on 111e I'rhan Design Diagram, or affecting feulures tn• c llnlcd I'll Ihr diugr,lnr, sh,nlld . Npht:111y celled that stales in the quality of whin and archilCClural dr ipn ! he I lHitnarnt „ill hr used t„ idenlitS signiGranl ;nltl SC11. 1ili%C Silo, cis referred to in otlmr p.diric< I Milill1 1% ll . t Dral't Denton Comprehensive Plan Aril 131h 1999 The Inclusion of any site on the Urban Design Diagram, or proximity of any site to features on the diagnun, shall be a material consideration in determining planning applications for development, The Diagram will be applied by the City Council as on indication of the sensitivity of different development sites. The Image Analysis Plan will also be used as an indicator of sensitivity. Design Policies will be rigorously applied In respect of significant and sensitive sites. 2, Strategies Identifying sensitive and slgnifir,aiO sites and locations. The Urban Design Diagram will be prepared as a plan of the City with features that are particularly significant from an urban design point of view. Such features include main roads, waterways, tov; nr mixed use centers, large open spaces, major development sites, listed buildings, conservation areas, riparian end floodplain areas, and tree preservation orders. Thy diagram will be used as an indicator of the sensitivity of different sites. Sites identified on the diagram, or silos adjacent to or affecting features identified on the diagram will be considered to be sensitive from a design point of vicw,'rhis Indicales that a particularly good standard of architectural design, urban design, site planning and landscape design is appropriate. The Image Analysis Plan will be prepared and will also be used as an Indicator of sensitivity. Sites affecting features identified on this plan should be considered to be sensitive m a City-wide level. The effect of proposed development on features and sites included on the Urban Design Diagram and the Image Analysis Plan will be a material consideration In the determination of planning appli- cations. Where the diagram indicates that a site is environmentally sensitive, particular attention will be paid to the standard of architectural and urban design. , ji. SpeciJle Design Culdance 1 ~ The City will produce detailed design guidance for significant site3 and areas in the City, and In respect of specific subject areas. This Strategy outlines the City's approach to design on a city-wide level. Inevitably, this deals with i general principles only. More specific guidance has been, is being, or is Intended to be produced or revised. In differentdcfincd parts of the City, it ispossible to identify strong urban characteristics, which are desirable to preserve or enhance. For important individual sites, It Is also necessary to produce design guidance, specific to the silo In question. Guidance for areas and specific development sites will ' aim to achieve high standards of architectural and urban design and to reinforce essential urban characteristics of the area. The most important development sites and areas will be designated on the Urban Design Diagram. 'thematic guidance nomially applies at a Cilywide level, dealing with specific issues or types of development, Arco and site•speciric guidance will be based on an analysisofurban fottn,taking account CWCaLWCoMVm1wn6rptan01%Pmneolp3 1909.pM EXHIBITA 31 . t! t Draft Denton Com rehensive Plan April 131h. 1999 a of the historical process that has created the existing urban environment as well as the existing fabric itself The example of Denton's Downtown Square points out that the present townscape is the result of more than one and a half centuries of development and change, but also highlights the well established urban design characteri sties based on dense, back-of-the-pavement development. Design guidance wil I only specify building materials where an areahas a strong and uniform character, which it is desirable to preserve. Guidance will not normally prescribe style or detailing. A review of design guidance is considered supplementary to the Comprehensive Plan and this Strategy and will be undertaken to determine what further guidance is required. A. CONSERVATION OF T11E HISTORIC ENVIRONAIFNT The City will encourage and give supportto the continuing useor reuseof buildings of architectural or historic interest and ensure high standards In their repair and maintenance. TheCitywili facilitate high quality conservative repair and maintenance of buildings of special architectural, historic or local inter. cst through the provision of advice, education and guidance regarding financial support mechanisms. In Denton, historic environments of significant importance are limited in quantity and sometimes un- usual in character, being based to some extent on Texas heritage.7-he listed building stock is comprised of Victorian, Classical, Industrial era, and early-twentieth century,nd Inter-war buildings, i Understanding why it is desirable to conserve thehistoric environment isusefut in guiding decisions on conservation matters. There are a number of objectives for conservation and reasons why it is'important, socially, economically, environmentally and educationally. These include the following: 1. Goals a. 11~QfjlI csp si I i ! The City believes that thue is a moral duty topreserve historic buildings, districts and areas for future generations (rigure -Nisioric Afurker Plaquc), This belief is at the root of conser- 1 vation philosophy. There is also a belief that to destroy leading works of architecture would be wrong in the sumo way as destroying great works of art or literature, They are pars of the City's, State's, and Nation's cultural legacy. The physical survivals of our past are !o be protected and valued for their own sake, as a central part of our cultural heritage and our sense ofidentity. b. Continuity and Local Idenlity I r The character and identity of the City is based on the historic environment (figure -1101oric photo of Dowufou'n). Physical fabric remains to chart the development of the County seat i and vnivcrsities and these are distinctive characteristicsofthe locality. A numberofdistine-} Live views, landmarks and town centers comprise historic fabric, The presence of historic buildings adds to the qualityofourlives,byenhencingthefamiliaraidcherished local scene r a, , and sustaining the sense of local distinctiveness which is so Important an aspect of the char- actor and appearance of the City of Denton and the re;iom Conservation Is a tool for managing change. Amldqt the process of change and redevelop- ment that 15 an essential part of the City's social and economic development, the preservation CM1COMIrCOM"kM1AP1An`dhbOONNIAn).19"PO LXFIIBITA 32 t' 1 V Draft Denton Coin rehensive Flan April 13th, 1999 of the best of the historic environment provides constant points of reference. c. Sustainability The process of demolition and redevelopment uses energy and materials. In many instances, the reuse of older buildings is a viable and more sustainable option. Conservation of the historic environment can therefore avoid consumption of energy and materials and contrib- ute to gustainability and identity of the area. d. Economic Dcvcloprncnt and Tourism s The historic environment makes a key contribution to economic development in the City. It may be seen as a tourist attraction in its own right. At a more general level, historic fabric provides interest for visitors to the area (Figure-Event Picture). Historic buildings also pro- vide accommodation at affordable costs and rents. This allows uses that would not be viable in new, more expensive accommodations. Grant funding for historic buildings can further enhance their economic development pc,ienti al, c. Urban Variety Conservation ensures the survival of the best works of different periods, demonstrating chang- ing trends of style, construction and building types. This helps to maintain variety in the built environment (Figure-Vignette of historic styles of buildings). f Urban 7csign Historic areas often demonstrate good print iplcs of urban design and sustainability, contain- ing a greater d iversity of uses and being designed for pedestrian rather than vehicular conve- nience, Good definition of street frontages and spaces, and distinctive landmarks, small block sizes, high densities and pedestrian circulation routes c reate good legibility and permeability. g. Education and Historical Fvidcnce The built fabric of the past makes an invaluable contribution to our understanding of the City. Actual built fabric provides firsthand experience of history, which cannot be conveyed in writing, photographs, or film. The historic environment makes a fundamental educational contribution. The value of this in informing decisions about the future is under-appreciated (Figure-Another lusrori cphoro nJdou'ntolvn). 2. Constraints In Denton, where there is a l imited number of historic buildings, the case for conservation is particu- larly strong. However, there area number of threats to the local heritage: a, floor Condition of Fabric Much of the City's heritage is government, education, industrial, residential and service based r , and, in sonic areas, suffering from decline, neglect, and poor maintenance. The lack of in- vestment in such areas has allowed much historic fabric to survive, but in a deleriorated i state. inner-city manufacturing shops and warehousing stock in particular maybe expensive to retrofit and Iend to be neglected, C',%MCDE7 MCarpmhcnive pl:n'1 rbin Dwir 3 19.W pG! 1N W i A 33 ~ 3s 1 t, Draft Denton Com t; a vePlan Aril 13th 1999 a b. JaMLoprials-P- iga r l Newdcvelopment in historically sensitive locations is Oftcaof lowqualitY, This is often due to a failure to appreciate the processed that created the historic environment, or the design principles behind the buildings. C. a i Intrusion by traffic banns the character and appearance of many conservation areas, by rea- son of noise, visual intrusion and air-pollution. Traffic infrastructure, such as road uigns, lighting, and surface treatments are often visually inappropriate. The accommodation of the car in the design of new development is often incompatible with preserving the character and appearance of the area. (Figure-Long shot donn a street with conjuring and abundant signage,poles, etc), d. Repairs and Alterations Repairs and alterations are not always carried out in an appropriate or knowledgeable way. This can harm the charmter of buildings and threaten their Song-ter m survival (Figure - Opera house -black and xhitephoto with footnote that the opera howce was originally (i brick structure and was clad with plaster). 3. Strategics The City will f romole the preservation and enhancement of the historic environment through vari- ous means: , a. Technical Guidance 'l he City will make available written guidance to the own,-is of historic structures. b. Buildinesat Risk Survvey A build ings at riA survey mil l be ca M out in respect to the City's listed buildings and kept current. c. NlanagementofflisloricBnildines The City will adopt good practice in the ma,,agement and maintenance of its own lislrl and other historic buildings. d. Conservation Area Guidance The City will produce guidance forconservation areasdcGningthe special architectural and historic interest of the areas, putting forward a strategy for their preservation and enhance- ment, and providing guidelines for new development. e. Building Proleclion ' T he City will actively promote the statutory listing of buildings considered to be of special r architectural or historic interest agvinsi a state and national context. l' I it CWI'n1.14Ccfrq"hcns1 vg plu'lU,ban Dc11r 3.19." p63 EXHIBITA 34 ■ f i I)raft Denton Coin rehensive Plan Aril 131h 1999 j f. Conservation and Historic Areas l The City will declare areas of special architectural or historic interest as historic and conser- vation areas. The Urban Design Diagram will identify additional potential conservation areas or districts. g, Ilistorie Struucture Inventory The Ci,y will prepare and keep up to date an inventory of historic structures and sites. B. TRANSPORl'ATIONINFRASTRUCTURF, 1. Goals The City will tike steps to ',duce the negative impact of motor vehicles on the quality of the urban environment. Lnhancement programs will be formulated to provide and renew surfaces and transportation infra- structure in areas of special lownscape value. 2. Strategies Transportation patterns and trends fundamentally influence the form of the built environment and the quality of life of its users. The location and nature of development affects the amount and method of travel; and the pattern ofdevelopment is itsei f influenced by transportation infrastructure and policies. By planning land use rod transportation together in ways which enable people to carry out their everyday activities with tss need to travel, the City can reduce reliance on private car use mid make a significant contribution to the environmental goals set out in the City's Growth Manage- nrcnt Strategy and Comprehensive Plan. In the 19805, the emphasis of transportation policy was on accommodating the car. But, the accommodation of the car has encouraged furthering the spread of development in a non-cohesive and sprawling manner. It is now realized that tl is policy of:,ccommodating traffic growth is unsustainable and cannot continue. 1he dominant influence of the car on the design of development is now widely seen as being un- sustainable, Continuing growth in road transportation and consequent environmental impactspresent amajorchallenge to the objective of sustainable development. The car has become a serious barrier to creating high quality, people friendly placesandasignificanteauseofineq, dity. it is of fundamental importance that the reliance on the car be reduced, that a far greater choice of modes oftransporta• tion be provided, and that the negalive impact of lramporta- tion infrastructure on the built environment be improved. There are various means towards these objectives: C.Wk7BFrtrromf"hemi.eplanTftnrkurn3d941p67 E\nin1TA 35 M f Draft Denton Coin rehensive flan Aril 13th 1999 r 4 a. Location Mixed use and urban village developments wily be required and uses in locations remote from their potential population catchment will be resisted, particularly if they comprise a single use or are not well served by public transportation. Use of Transit Oriented Design (TOD) will be necessary. b. Transportation Priority and Choice The emphasis in new development will be switch,. i from accommodating the car to giving pedestrians and public transportation priority. This includes consideration of the approaches and access to development, and the arrangement of spaces within the site. In the case orsites on routes well served by public transportation, it may be appropriate for developers to make a financial contribution towards further public transportation provision accompanied by a reduction in normal parking levels in at least part ofthe development. c, Parking Standards A balanced approach needs to be taken between providing parking within developments, while giving full consideration to environmental quality. Car-parking provis ion can seriously compromise the quality if spaces in and around development unless a balanced approach is taken. In particular in areas well served by public transportation, lower levels of parking provision will be encouraged. Regulations will emphasize the desirability of reducing the need to travel and reduction in parking requirements. In conjunction, the improvement of facilities for public transportation, walking and cycling will be required. d. Car-Frcc D_CvC!ppmsr Encouragement will be given to experimental residential developments on inner-city/univer- sity center sites, in which no car-parking provision is made. Where innovative vehicles (ie. electric cars, etc.) are used, this parking restriction is litled and parking is allowed on the street for these vehicles. Such developments will cater to non-car owners, or as otherwise stated and will be In locations with good access to public transportation and to a range of facilities such as shops, It will be necessary for the occupancy lobe limited to non-car own- ers or innovative vehicle owners. e. Car Park and Surface Desigg Multi-use spaces will be encouraged, rather than singic-use, dedicated parking. Dispersed parking arrangements will be favored and encouraged over mass provision. In residential areas, on-street parking may be taken into account as part of the overall provision where an appropriate layout is proposcd.'Ihe use of alternative and varied surfacing materials will be encouraged (Figure-), However, over-elaboration should be avoided. The simple use of high quality materials is often the most effective solution, Parking to the rear and side of structures is required. i' f I)csit;n of Bridges and Transportation Structures It isdesirablethatthere should be aqualifiedand creative designinputaswcllits anengincer- i ing input in the design oftransporlation infrastru -lure, interesting structural solutions, rather than the addition of decorative detailing to a standard structure. ('NIC13arEr4bn~ehcnsrvspisn'UrrlanIXvSP3.10"po! EXHIBITA 36 . Dr alt Denton but ve Pla A rll 13th, 1999 ! g. $igna¢e an Strcetumitura A coordinated approach to traffic signage and street furniture will be encouraged, Signage and street furniture wil I be rationali zcA as far as possible. Careful consideration will be made ofthe location and design of signage and street furniture in sensitive locations. t K Traffic Management Traffic management measures will be formulated for sensitive locations such as residential areas, town/mixed use centers and conservation areas. Re-routing options will be investi- gated. bp6ons will also be considered for reducing the impact of transportation infrastruc- tute, for example by minimizing its ground coverage through the narrowing of roads and widcni ng of footways. 1. Solid Waste Provision will be made for all solid waste containers off of the street and alley right-of-ways and into private areas designed specifically for those purposes. The use ofinno- vativc tcchnolgics when dealing with solid waste pick up, use of compactors, and vehicle types will be explored. In existing areas of the City where solid waste and recycling receptacles are loaded at street frontages or actually on the street pavenic:et or within the right-of-way (Figure-Al- Icy (hunrsters), new design and provision for these containers will be made or alternative facilitk s utilized. j. 199-year Flaidplain The City will promote the use of roadways parallel to and outside of the 100-year floodplaiu limits to provide a natural riparian environment by establishing green space between be- Iwcen the toad and the floodplain. Green space is required even if the channels are improved so thu{ the limits of the parallel roadways may be dedicated to the City is serve as open space, limit flood exposure, and facilitate channel maintenance. k, t eel ce ondL;v dt scaring fees and landscaping will be designed as a crucial component of all roadway networks. The fly departments will add. s any conflicting Irce-related issues on City-owned properties and right-of-ways. The City will fully consider the significant value of trees and the urban foicsl whcn resolving infrasruucure conflicts; select and plant appropriate tree species on public rights-of-way that maximize planting potential wb ile protecting the safely of the pub- lic. The City "ill cricourage and shuuld require the prcscrvation and maintenance of existing healthynativetreccovcrinarcasundergoingdevelopmcnt. Maintain and enhance the City's urban forest as a healthy and dynamic natural resource, a system of trees and undcrstory that thrivrs and grows within the context of a changing urban environment. kY l l.- . 't'hese measures will help to integrate the design of transportation infrastructure with that of the wider pAlle reallu A better balance between the accommodation of transport and the creation of a high quafity public realm is the aim. C~IMCBETIfCompmMn,ivtpijn`~UrbonC si=n)-19-99p&S E\HISITA 37 . t t• Draft Denton Com t'ehensive Plan Aril 13th 1999 x C, EIGI AORTIOOD D1$TRICTS & MIXED VSF. DESIGN In order to meet the Urban Design Strategies and the intent of the Growth Management Strategy and Plan, a new set of requirements to replace the City's current zoning laws will need to be enacted. To create a new model for Denton's environment, the following guidance will move the City In the direction needed to achieve the goals and strategies within the urban design section. In general, the principles apply to villages, towns and cities equally. Most of them apply to areas of very high to moderate densities and even some low cr density development. The pattern of development has been called variously the urban village, new urbanism, neo-traditional planning, traditional neighbor- hood development, and transit-oriented development. The principles stem from towns and city devel- opment prior to World War II. The following principles of design and use are components necessary to develop in the urban village form. These design principles will be followed in all forms and uses of development. 1. The Plannini Unh The basic unit of planning is the neighborhood. A single neighborhood is a village A cluster of villages is a town. Clusters of many villages become a City. The population within a village varies based on the ncighh -good components. 2. The Neighborhood Size / A neighborhood is limited in physical size, with well defined edges and a focused center. The sizeof a neighborhood is defined as a five minute walk ornne-quarter mile from the neighborhood edge to its' renter and a ten minute walk edge to edge. Human scale is the proportional standard for all structures and accessory components. Automobiles are allowed within the neighborhood but do not take precedence over the pedestrian or human needs, particularly the aesthetic functions that include a "sense ofptace'". 'These neighborhoods will typically contain transit stopsand will utilize transit oriented design. 3. Corridors and Districts Corridors form the boundaries between neighborhoods, both connecting and defining them. Corri- dors can incorporate natural features like streams and hillsides. They can take the form of parks, nature preserves, travel corridors, railroad lines, or some combination of these. A neighborhood or part of a neighb-Drhnnd can compose a district. Districts are made up of streets or ensembles of streets where special activities get preferential treatment, A coridor can also be a district such as a major shopping avenue that connects neighborhoods. 4. Mixed Use and Compatibility The neighborhood is mixed use and provides housing for people with various incomes. Buildings may have a variety of functions but mwt be compatible with one another in size and their relation to f < the street, I he needs of daily lire arc accessible within the five minute walk. Retail is integrated with residc dal, commercial and even some types ormanufacturing use, though riot lyrically on the same strec in a given neighborhood. Apartments are permitted over stores. Forms of housing are ' mixed, including apartments, duplex, to A nhomes, and single family houses, accessory apartments, C?d!C'n611rConprcMuivt Dlan'L'rlwn lktirn 3-09-49 pG7 EXHIBITA 38 . tr Draft Denton Com rehcnsive Plan April 13011999 a t and outbuildings. Even the best streets in the world's best towns can accommodate people of i various incomes, 5. Definition of Public Space Buildings are disciplined on their lots on order to define public space successfully. In other words, build-to lines are utilized which determine how close buildings will stand to the street and promotes regular alignment. The street is understood to be the preeminent fomt of public space, and the buildings that define it are expected to honor and embellish it. 6. Street Pattern The street pattern is conceived as a network in order to create the greatest number of alternative routes from one part or a neighborhood to another. This has the beneficial effect of relieving traffic congestion. The network isgridlike, Networks based on a grid must be modifiedbyparks,squares, diagonals, T-intersections, rotaries, landmarks, and other devices that relieve the grid's tendency to monotonous regularity. The streets exist in a hierarchy from mixed use neighborhood collectors to narrow lanes and alleys. Limited access highways may only exist within a corridor. Cul-de-sacs are strongly discouraged except under cxtrao•dinary circumstances, such as cases where rugged topog- raphy requires them, 7. Civle Buildings Civic buildings, such as town ;tails, churches, schools, libraries, fire and police, post offices, and museums, are placed on preferential building sites. These sites include the frontage of squares, in neighborhood centers, and where street vistas terminate in order to serve as landmarks and reinforce their importance. Buildings define parks and squares, which are distributed throughout the neigh- borhood and appropriately designed for recreation, Npose, periodic commercial uses, and special events, such as political meetings, concerts, theatricals, special events exhibitions, and fairs. Be- cr,use streets differ in importance, scale and q.tality, what is appropriate fora part of town with small Louses may not be appropriate as the town's main snopping street, These distinctions are properly addressed by physical design. 8. Architecture in the absence of a consensus about the appropriate decc-ration of buildings, architectural guidelines or a code may be required for neighborhoods to establish some fundamental unities of massing, fenestration, materials, and roof pitch, within which many variations may function hamtoniously. The architectural code establishes a standard of quality for Demon's design framework and is supple- mentary to the urban standards. 9. Street Walls and Basic Design Components In order for a street to achicvethe intimate and welcoming quality of an outdoor roan, the buildings kk along it must compose a wilable street wall. Although they may vary in style and expression, some I fundamental agreement, some unity, must pull buildings into alignment. Buildings must be sized in t proportion to the width of the street. Low buildings do a poor job In defining the street, especially 1 r` ~ overlywidcstrccts. Build-to lines determine how close buildinf,will stand tothestreet. Ifparking lots are necessary, they are behind or to the side of the building. Additional rules govern building height, recess lines for upper stories, transition fines, which denote a distinction between ground floors used for ietail and the upper story floors for offices and apartments. Zones of transition may C:WCaLTirk'orMthtnei"plesr Ur~an Msirn 3.19.99 KS EXHIBITA 39 t 1. Draft Denton Corn rehenslve Plan April 13th, 1999 occur between the public realm and the semiprivate realm of the shop or the private realm of the { house. Sue ccssful transitions are achieved by regulating devices such as arcades, the storefront, the dooryard, the ensemble of porch and fence, even the front lawn. Mansions and Civic Buildings merit setbacks with lawns sometimes deeply separated from the street. The scale of these structures makes this necessary so the full architecture of the structure can he comprehended at a human scale. D. IC AG , This section focuses primarily on signage within private properties, primarily those areasbetween the street and the adjacent development's building edges, Research has found that the visual clutter of business areas presents more infomation than the human mind can use or remember. The result is information overload that actually interferes with effective communication. 1, Goal To enhance the City's urban form and quality of visual communication. 2. Strategies If fever and smaller signs were used, businesses could actually improve their ability to help custom- ers find them and, in a general way, Icam what they have to offer. However, success rests on two other tenets. One is that signs should be used primarily for indexing or identifying the business rather than subjecting viewers to myriad advertisements over which they have no control. The other is that businesses agree to honor a given sign space. t Simple signs are more attractive and communicate more effectively. Ground level signs are rela- tively inexpensive, easily seen, and hclpcrcate a friendly, human scale environment. Well located signs are easily viewed near eye level and are Icss likely to conflict with street trees. Such signs also help create a sense of human scale, warmth and pedestripn appeal regardless of the monumental height ofbuildings or the length of a block. By placing signs where people walk past shops and other businesses or drive slowly through a center, communication electiveness will be improved and signs will be beneath the canopy ofstreet trees. W.4 mounted signs do this best when they are placed at the human level. To prevent sign and tree conflicts, smaller signage sizes and proper placement is necessary. Rather than following a rigid spacing plan, planting incoordination with signs, storefronts, and other exist- ing facilities can help to reduce potential conflicts. Variable spacing of street trees as well as a mixture cf specie,, and tree sizes can add interest and appeal to the streets. Along limited a~ ecss condors signs area merchant or businesses link to customers and they must be seen to do their job. However, excessive and overly large signage will be limited to meet edteda established wiihinparticular conidom,modes, anddistricts. Signagewill provide identificationA-Mle r not detracti np, from the desired cliaracter of the streeiscape and the character of the neighborhood, t, r district, nod(r or corridor. ("~F1('F4riH'Car,prehcnelve plm"Urbun nnipn 7-19-7. ~G) EXHIBITA 40 . N ~ 1 I Draft Denton Com rehensive Plan Aril 13th 1999 E. COMMUNICATIONS 1. Coals Positive steps will betaken to achieve abetter understanding and interpretatioc of community needs and aspirations by establishing processes of public participation in formulating development specifi- cations for significant sites in the City. The City will establish and promote a-1 ongoing dialogue with design professionals, the development industry, academic institutions, ar..,;nhy groups and other organizations to promote the cause of good architectural and urban design in the City. 2. Strategies Public participation is difficult to do meaningfully, but of great importance. Properly done, public participation can extend the scope of local democracy. However, often it is not well thought through and concentrates on detail, about which there is rarely a consensus, while neglecting fuAamentals. This can lead to compromised design which is not necessarily relevant to the public's real aspira- tions. Polarized discussions on detailed matters such as the color of railings have little relevance to quality of life. To be genuinely meaningful, public partici,--tion should be used from the beginning of the design process, as a means of specifying preferred uses, facilities and the functional and opera- tional requirements ofdevelopment. In this way, public participation allows urban design io take on a social role, The designer's role is then to transform the public's aspirations, as far as possible, into physical form. Public participation can not be used as a substitute for a competent and creative design input. The best and most relevant schemes are a result of a balance between public participa- tion and an experienced design input, It is recognized that the aspirations of developers, funders and landowners most fundamentally f influence the form and nature of new development. However, good public participation can influ. ence the development process by informing the developer of public preferences and providing infor- mation on local demand. It is in the developer's own economic interest to fit the development as closely as passible to the demands of the widest number of people. Drsign workshops have previously been held in the City. The Growth Management Strategy was The subject of a workshop, arranged by the City in conjunction with representatives of the City and all parts of the community, as part of the City's Comprehensive Planning Process (Figure-). The work- shops and community meetings involved local people, landowners, developers, business leaders and elected and appointed officials. The process resulted in an indicative Plan and Strategy for the City. Its benefits were in raising awareness of these issues and allowing local people to actively participate in design issues, as discussed and resolved. Further partnerships with academic institutions. amenity groups, developers, professional bodies and other interested groups will be sought. The advantages of better communications between the ! k, , Council and slch bodies include the exchangcofideas, promotion of education and understanding, 1 and extending the knowledge base available in the City. c w(Hii ir4 ^zpzbrn,i~ r planlhban nrvIn 1.1999 p65 EXHIBITA 41 ■ t~ tl - Draft Denton Coro rehensive Plan Aril 13th 1999 A. F. MONITORING AND EVALUATION A procedure will be established to monitor the quality of new development in terms of its contribution to the urban environment, against the context of this Strategy. This Strategy puts forward a new approach to Design in the City's built environment. It relies on a change orethos or character and beliefs in the community, wiih'design issues and particularly the con- cept of sustainability underlying a wide range of decision making. This will not be easy, but it will be very beneficial, socially, economically and environmentally. In the past, pressure for investment has led to an acceptance of mediocre design. Expectations must now be raised. The production of the Strategy alone will not achieve anything. It will rely on everyday decisions for its implementation. Monitoring of decision-making is required to assess the impact of the Strategy. This will be carried out on a regular basis by a professional with the necessary expertise in both architectural and urban design. The monitoring will take the form of an appraisal of now development either approved or built during the period, considering whether it complies with the principles put forward in the Strategy. The ap- praisal shall be submitted in the form of a written document in part of the Comprehensive Pl.m perfor- mance reviews produced on a yearly basis. I l i i C.IMCBLT1fCQRnhMire P1WMODn1F 7.19.WPO EX111BITA 42 . I c' Dra ft Denton Comprehensive Plan April 131h. 1999 Section 21 ■ The Street i 1. Introduction The "Street" can be defined as the most important, enduring public space that determines our urban environment. The "Street" should be comfortable and enjoyable, as well as provide efficient movement of people and goods. ■ The "Street" is the single largest public space in the City and should be acknowledged on that level, • The street should complement the distinctive character of the neighborhood or district w hile providing connections to adjoining neighborho„,is. ■ Formation of the Street will include prescriptive standards, which specify exactly how a facility is to be built and perrormance standards that describe the objectives a facility will meet. Our "Streets' need to be aesthetically and environmentally pleasing and sensitive to local situations and needs. • Costs should be based on consideration orlife cycle costs, level of service, and level of risk and imnact of facility failure, ■ The "Street" has a major impact on creating development that is sustainable, facilitating a walkable community, and creating a pleasant and nurturing environment for our citizens. ■ By better distributing the cost per huLisebold through increased densities, the cost benefits of these new street requirements outweigh the initial costs and in fact the perdwelling unit cost is lower than conventional development. Public benefits include reducingthe burden ofthe infrastructure and the tax base as well asinereasing in infrastructure sustainability. ■ The large lot street section is basicly the same as currently used in residential developments of all densities. • Reductions in residential speed limits are included benefits along with reductions in street pavement widths, strengthened pedestrianism, traffic calming useage and safety factors. In recent history, Denton has developed exclusively on the back ofthe single occupant vehicle. Suburban sprawl has impacted our highways and City roadways as people find their way through Denton on regional trips or into Denton from outlying areas, The largestsingle issuewe face is reducingthe need to 4 continually expand the Transportation Roadway System. The best available sol+ltion is to embrace ' dense, more compact development such as the Urban Village concept where trips are satisfied internally using Multi-Modal Itansportation Modes. The Transportation Section of the Comprehensive Plan is based on moving to Multi-Modal Solutions. The "Street" includes space for Transit, Bikeways, Landscaping, Walkways, and Transfer Stations between the Modal Systems. This includes general C-',FtC BE IIf 11IF5TRrMT1 IF STRFFT413-99 EXHIBITA t . c I I i Draft ent m r h ePlan ~pJj~ th 9 guidelines through which standards forthese systems will be developed. Reference the Transportation Section of Comprehensive Plan for more indepth information on these systems mid existing conditions of Denton's infrastructure. H. Street Dereloprnettt Streets are generally classified into freeways, Major Anerials, Secondary Arterials, Collectors and Locab'Residenlial Streets. Each of these Roadway Classifications has unique street sections, amenities and associated infrastructure. The development of these sections need to provide the basis fat susta nable development. Current standards of street development arc within this section (Table 21.1, 2 & 3). T he functional classification heirarchy of the streets exhibited within this section are broken down into neighborhood, collector and arterial streets as follows: The ter%Ice streets Include: Residential Alley Commere i at Alley The neighborhood st reel s In clude: Residential Lane Residential Street Residential Large Lot Street Courtyard St. eet Rural /Suburban Street T he collector streets Include: Residential Avenue Main StrecVN ixed'1seCollector Commerciat/Mixed Use Center Collector The arterial streets Include: Secondary Arterial hl ajor Arterial A. \F-IGIIHORHOOD STREETS AND ALLLY Neighborhood streets should be designed in an interconnected or grid system with smaller td1 blocks and more dense development (Figure _ 21.1). The interconnected system provides multiple routes that diffuse automobile traffic, and also shorten walking distances, The _ pattern keeps local traffic off regional roads .l~ and regional traffic off local streets, The streets in a neighborhood need lobe designed to provide equitably for pedestrian comfort and automobile movement. Slowing the 1 awomobile and increasing pedestri an activity encourages the casual meetings that form the bonds of a community. Traffic calming as Figure 21.1 Grid Pattern Development C'NIUM M THFSIRFFIVIrrS M14-I7-99 EXIII$ITA 2 ■ 3 I A U aft Denton Corrinrehensive Plan Agril 131h, 1999 referenced in the Traffic Calming Policy should be designed into new subdivisions. Additonally,cuide- sacs are not allowed. This proposal addresses the separation caused by the conventional "ranch home" or "estate lot" concept by moving the home toward the street using build-to lines from the right-of-way. Build-to lined require structures to be set at a specific line parallel to the street, The existing setback criteria ate not compatible with the creation of interaction because of the separation of the home from the street, Special residential lot conditions at block ends may not require street frontages where the front yard faces onto it green or community space and there is alley access to the property. Supplemental parking is required in this instance within the block. 1. ResldeatlalAlley New neighborhoods and districts with lots less than 10,000 Rear C 'I L I Rear square feet will use public alleys for primary access (Figure Yard I Yard 21.2). The alley will be dedicated to the public so that the dry utilities can commit to providing their services from there, Solid Waste service will work to serve from the alley using i an automated system. No dumpsters, transformers, or other IS' Paved projections, other than allowed by ordinance will be placed 20' or project into the alley right-of-way. The alley also serves as fire protection access. Flgare 21.2 Residential Alley 2. Residential Lane This street is designed to reduce the impermeable area from current standards while providing for ba- sic access needs. It prohibits park- , ing on both sides ofthe street while in, reducing the pavement to the mini- t 6' M Reserved , mum width approved for fire do- Planting partment access (Figure 21.3), - I Area Supplemental parking is provided within each block for events and visitors. This street section or the Residential Street may be used at the discretion of the designer. I 70 Feet ■ Alleys required {i MUse with lots less than 10,000 SF +1 Feet ■ Ingress & egress from rear lot lines ■ No on-street parking allowed ■Supplemental parking insets rev Figure21.3 Residential Lane quired within the block or block ends CvMc6LTM1T116srRLLT.TW:sTRLLT 4rY91 EXHIBITA 3 . I L Drat' a .4 r H 1999 3. Residential Street This street is designed to reduce ,ae impermeable area from current stan- dards while providing for basic ac- , cess needs. This street option allows - t f parking on one side of the street to % 6' ,Aeu Min~n;.ed address supplemental parking needs ' Planting with the through lane opposite (Fig- ure 21.4). Primary access for the residences would be from the rear - alleys. This street section or the 5, + 5' Residential Lane maybe used at the discretion of the designer. 22 Peet 44 Feet M Alleys required ■Usewith lots less th..110,000 cF Figure 21.4 Residential Street ■ ingress & egress from rear lot lines I ■ Parking allowed one side 4. Large Lot Street The large lot (10,000 SF or more) street allows on-street parking on both sides with the travel lane in the middle. These blocks and neighborhoods will utilitize shared driveways It lot lines to further stress access management, maximize the landscaping area in the front, and to reduce the amount of paved surface area (Figure 21.5). Use of pervious materials for private car storage and shared driveways is favorable. i u Similar to current residential street section bNoalleys t ■ Ingress & egress from shared drive- c 6' htiK ways Rldened ways C fParking allowed both sides of the Planting street Area S. Rural/Suburban Strcel On tite outskirts of the City's ur- 5' I I 5' banizing area, this street section will 1-` 2"8eet be utilized for properties subdivided into one acre or more. This section 50 Feet will remain the same as currently utilized by the City with :4 feet of pavement and borrow ditches along figure 213 Residential Large Lot Street 4'. either side of the pavement. l 1 f',MC'IIEit raTHE STRCETITIIE31Riri 1.1191 EMBITA 4 i 1 Draft Denton Comprehensive Plan Agril 13th, 1999 I 6. Courtyard Street The courtyard street is designed for use Path with either small or large lot develop- - A<cres ment (Figure 21.6). Alleys will be used 1 Large with the small lot development. Noal- Lou AI[ou leys are required for lots 10,000 square Alley feel or more. Where large lots are de- vc1oped with the Courtyard Street, Small Lots Shared shared driveways at lot lines will be used Allowed _ Dr1F gw YYS - _ to further facilitate access management Required and a reduction in pavement. The with streets are one-way and no parking is Alley Access i _ 6' Reserved allowed on the pavement. The Court- Planting Area r yard Street block length is no more than Sidewalk 150 feet to facilitate fire service. No lots will have frontage at the ends of I the courtyard so that clear pedestrain passage and view corridors can be used Street Access to connect to these systems. Supple- mentary parking within the courtyard is required. ' Figure 21.6 Courtyard Street ■ One-way street section ■Alley ustd for small lots ■ ingress A egress from shared driveways at large lots ■ Supplemental parking required i ■ Access to path system required at court-yard end •No private lot frontage at end of courtyard J~ I 0 7. Neighborhood Sidewalks, Landscaping it g and Visibllity The sidewalk section for all residential cross sections will be S' to allow two persons to walk together (Fig- ure 21.7). Sidewalks and crosswalks will include 6 temalive pavin; materials such as concrete and per- _ viouspavermaterialstopromoteaestheticsthatblend ( _ t into the neighborhood concept versus the starkness of concrete. The sidewalk section will be placed at the right-of-way line to separate pedestrians from ve• hides and to aid in connecting the residential strut- a lures. The sidewalk should be seen by residents as an t / f invitation to gatherand interact, along with its trans. portaiion basis. The residential sidewalks are expected to connect to other sidewalk systems and trails, Figure 21.7 Sidewalks, Landscaping and Visibility CwlclitlWTeEMUM] EMr,ET4.13-99 EXHIBITA s . D r a l't Denton Comnrehensive April 13th, 1999 t All of the proposed residential sections will provide a minimum 6' landscaped area between the , sidewalks and the curb. Street trees will be placed in this area along with other neighborhood spe- cific landscaping to establish the character or theme of that district. Comer clips for residential streets will be 15'. B. COLLECTOR STREETS Collector streets will have multiple functions, all of which are different than residential streets. Collec- tors have to play a major part in establishing the multi- s modal system. Whereas residential streets have some built in room and safety for pedestrians, b1cs, and transit systems, the collector has to specifically pro- vide designated space for these. It also has to pro- vide equal or better aesthetic features to i,iaintain the character established in the residential areas. Larger corner clips of 25' to 50' will be provided at intersections to encourage lines of sight, landscap- ing, and adequate room for utility iransitions.The Figure 21.8 Traffic Circle Residential Collector collects the traffic from resi- ■ Slow traffic, add interest and set a comer dential streets and takes it to minor destinations or intersection by giving it a sense of place to arterial streets. The lan,r width will be at the mink mum allowed to promote slower spceds. The collector streets com- plete the overall system conncc- Lions of the grid patterns (Figure 21.1) defined in the residential streets. The shorter block lengths and features such as traffic circles (Figure 21.8) will reduce speeds to encourage the feeling of safe in- Ieractions between the modes of transportation, Figure 11.9 Traffic calming design techniques Street Design Features will be used on the residential col- lectors pursuant to the Traffic Calming Policy. Access manage- ment requirements apply utilizing techniques like shared access, driveway separation, and comer clear- ances to again maximize capacity while improving the aesthetic characteristics. tell. ~Right-of-way for The residential collectors will provide adequate lines of sight and promote vertical sight clearance levels for landscaping. Special right-of-way flares are encouraged to create special design { features (Figure 21.9) such as seating areas, landscaping features, or public art along the linear sections. cv~reertr,ttresrracrnTHSStarrTi•tsaa EMBITA 6 i llr l't Denton Comprehensive Plan April 11h. 199 Separations caused by Build -to Liner. all structures must be the conventional retail placed at this line along front and side and commercial will yard street rforitages now be realized as mixed uses with vertical integration of offices, `s retail, and resi I:ntial. The urban village con- cept moves these types of structures to a deter- mined line offset from the street right-of-way edge which becomes the build-to line require- Figure2l.10 Build-To Lines mint (Figure 21.10). The existing setback criteria creates incompatible pedestrian and vehicle movements, virtual seas of asphalt and automobile views, the use of large and multiple signage, and CJL are not compatible with the creation of interaction because of the scpara- tion of the structures from the street. 1. Commercial Alley The Commercial Alley section (Figure 21.11) will be used to promote { better view lines, servicing, parking access and to separate the truck traffic from the mixed use customers. No dumpsters, transformers, or } 01F eet other projections, other than allowed by ordinance will be placed or project into the alley right-of-way. The s::.y also server as additional fire access around the commercial structures. Figure 11.11 2. ResldentlalAvenue Commercial Alley The Residential A%cnue will provide for an outside lane on each side for parking use and two haver lanes in the middle (Figure 21.12). No single family front or rear yard frontages will occur alongthis collector street, r Driveway access will be to the rear I ' . ° along the Residential Alley (Figure PL 6' Min. 1 prti 21.1) where attached housing or Reserved - plantteg other uses occur along this street. Area ■ Parking both silo of the street ■Nosinglefamity frontorrearyard frontages 0 < a Ingress and egress from the rear at the alley ' Figure 21.12 ResldentlalAvenue c serarnnTrrr,srrerrnrrr[sraetta•ira+ EXHIBITA 7 I A Dra 1*1 Denton Comorehensive plan rr?1131h.1999 3. Main Street/ Mixed Use Collector r The Main StrcoVMixed Use Coll ec- for will have standard lane widths to promote the flow of traffic and blend the neighborhood commerciaVmlxed aL - 6' Min. use center traffic that includes ser• Reserved Planting vice trucks (Figure 21.13). Parking Area will be allowed onboth sides of the street bv: it will have extra width to allow s ire parking for all types of ve- hides. Access management re;;ula- e. i 8 6 22 8'-6 tions will apply to improve capacity and sight lines, 39' 70' ■ Parking on both sides ■ Single family residential lots fron• Fi ure 21,13 Main Street/ Mixed Use Collector and rear yard frontages not allowed g • Ingress and egress from the rear at the alley 4, CommorclaVINfixed Use Center Collector Commercial/Mixed Use Center Col- lectors (Figure 21.14) will be pro- vided in commerciallm' •ed use cen- ters areas to address the need for in- creased capacity, trucks, and the in- teraction of the multi-modal trans- portation system. These roadways will provide for four standard size Reserved,:: ` lanes with no parking allowed , At fLnsn es intersections with arterials,theright- Tree OArcGrates u of-way should be expanded to pro- vide adequate space for right turn lanes on and off the arterial, Alloys I t'•6" 4 I t' t t' t t'•6" e' will be utilized for servicing, park- 45 ' ing access, and to seperate truck traf• - 73' fic from the lyrical user. I a 2 travL: lanes with parking or 4 Figure 21,14 Commercial Center Collector lanes with no parking rllowed ,1 r ■ Single family residentiallotsfront and rear yard frontages not allowed ■ F" ress and egress from the rear at the alley I C:M1C6Er'~f+!711ESTRL[MIIC STRE[T411l1 EXHIBITA 8 lhnfi Denton Com Irellcn.0%ePlan April 13th1999 5. \IisrcllancausCollcctnrlssu;s r'^., j`, Sido alks%%iIIbeS'nidcpILicedonbothSides to great r'lass Tsro I 'atIIs that icould bIcnd pedestriansat idbicycIcIraf[IclfIgure21,15) Since oil cof lIle fullctiolis of lIle Cassl1Paths f tij ~•r•~' iy~!;' iin surface of (lie is'alk should he concrete I'oncretc pac- ' ersorotherlike surfacenuitcrijkin;iybvowd t NN hen eotlttncrcial'mixcd use structures abut the right-of-is'ay fine in nrighburhoud or coln- nimiai mixed use centers. Pacers, other similar p;n Ing inaenals. mtd those Ns 111 rough lextures that cause lire s i- I.igure 21.15 SILl.11ks brit ion is itI he used to enhance the nesilictic r _ features at inlcrscctiorls, orcas of interest, special nodes and corridors. at cross ic;dks, - u at parks or transit areas, to call anenlion to the driNer thal their s cliiclc is in an inlersce- tion, and to olcit diiscrs to Sl,m their %c- Pi o\ isions igure_'Ll(+1 ' I is ill he made to Incorpnr;itr Ir.m- •'S•'• . sit cricuted design info the overall design of ' collectors. Itxlsil orwnted design 11011) features\\111 beCO11SiderellL'ScC Afo11MI dcnsityr anachcd Itour•irig, mi scd nsc and large retail or cmployurelit E'igure21.16 Pavers centers (figure 21.171. ('nHatotstrcctsuill also - inlegrale a Icscrsc, I NeighborhoM planting area to prop ide Centef ' oppolionitics for I;Ind-Triffilt scap111g :111d dlstrid iiclncsfor prccncry. I igurc 21.17 1Yansit Oriented Ucslgn c bl w lu IIIF%IRtrr1111.IRrrr4130. 1;\IIIIII IF A 9 ■ r I Draft Denton Comnrehenslve Plan _ April 13th, 1999 C. A12TERIALS Arterials are classified into primary (Major) and Secondary. Arterials are designed to carry traffic across a district of town (secondar)) or to provide major north/south or easVwest routes across the city (ma- jor). All arterial streets should be divided with a median. The median for majors arterials should be larger than the secondary arterials as illustrated in Figure 21.18. Reserved Median Planting Area Reserved Planting Area • Width V&S but no less than 10' ; Bike Lane is& y 24' Median at s' Secondary ' 5. q Arterials 11' 12' 2T 30' 84' i MajotArtedal 130' • 160' Right.of•Way Secondary Arterial 120' Right-of-Way Figure 21.18 Primary and Secondary Arterials a No parking allowed ■ Reserved planting in the median and along both sides of paved lanes ■ Limited ingress and egress through shared drives and connecting streets • Off-street parking to side or rear of structures • No residential front or rear yards adjacent to arterials ■ biks lanes required ■ Traisit nodes and bus queuejumpers ■ Special features 1. Arterial Lanes & Access Management Arterials will provide four lanes in the secoadaryclassifcation and six lanes in the major classifea- tion, The lanes shall be standard width except the out lane on each side will provide for an integrated hike lane, The design of she intersection will bien.l the multi-modal nodes so that the transfers and r interactions occur safrAy and a fficiently. Access m tnagement tools will dircct the traffic at collector { connections to the arterials and some minimized shared driveway connections. { c mcaLrIr~THLlikCENHESiaEES6U•99 EXHIBITA 10 I Dra h Denton COMDrehenslye Plan Apr!! 13(h. 1299 2. Bikes Lanes, Furniture & Transit Stops The arterials will provide bike lanes on the outside edges of the pavement by widening the lane several feet (Figure 21.19). Provisions will be made for transit oriented designs (TOD) including 1 transit stops, park and rides, and other features, Bus Queue jumpers (speclat bus lanes through j intersections) are desired at major intersections along arterial streets(Figure 21.20)• Transportation furniture design should promote the use of public transit.. ~ ra o r t d n a v e ~ a d o nnu a a a a cis i u Figure 21.19 Bicycle Lace s Figure 21.20 Bus Queue Jumpers 3. Utilities, Walkways & Planting Areas The outer portion oftheright-of-way will be used for utilities and pedestrian walkways. Specific spacewill i be provided for major utility lines in addition to the reserve forsidcwalksandtheplanting area, Pedestri- ans will remain on the sidewalks that reduce back down to 5' from the larger collector standards. 4. Nodes & t r'idors Arterials and ar , al intersections will normally be considered trans,- Cation corridors and nodes where special landsca, t, pavement materials and other building rcquircr. nts are part of the overall presen- tation of the City 'Denton (Figure 21.21)• S. Freeways, Expressways & Inlerslates Note that Freeways, Expressway, and Interstate$ are totally under thejuris&ction o f the Texas Department A of Highways. However, sperial design features along these corridors, nodes and entranceways to the City ' will require special landscaping, pavement m"crials and building requirements. Figure 21.21 Corridors & Nodes CrVMCDE I WT HE STRELTITHE STRMT4-049 EXHIBIT A v l i l Droll Denton m r 13th, 1999 e D. STREETSTANDARDS COMPARISON The following tables reflect the current street standards for Denton and those standards illustrated I.vithin this section. Table 11.1 Itaildentlal Street Sections Proposed 111111 stelical S ere *I Eh me a It LaYIh1 !Intl lee tlau kerb eelYl t t.•a•. hraor qa 0 .1 Loea t. rt I e.eoa it v M nr) line Svase W wA of $tell 71' 10' I7' 71' pall .r uro w e•a 11.u.h ARaya Oltbed •Irvr11e aal abed • lublk Mainnns tee RgnYd • P.Ih 0pt4e11 M sYYUnee McMe 111111 064, 'by Aeeen Prs al Rear Roar stared Drires Cbat4. ep be It UesmukY Pavement) On-Street loskinl Ssi4 edu of atlest Neee a 11,411 one ads VOW Beth ewes l.plkmestatpukmy to black Me wppYwuYl/ark YE x1aht-ol.wly Weill $4, 42, at- so, Swe.ake Plrth 1411 S' both $Was 1' lath ewes I. bath own Ls ndlt a PIPEa nn rv116 a e' Raoerv Oks 1' Rearra tbs 1' M,4rvnlYs Ns Slrosl?nee Street Trees Street Trees Street True B Ype Lisp Lsnea la Suisse la ilrnt is 11'eal to Stro of tl perdofl Carne Clipo i}• II' II' 1!' Table 21.2 CoilectorStrettSections eshtby Proposed Street Set lbrw Sleet SecoeM Steel Eke, cas Rndnhl Canmek Yl RnwenlYl Artlwa RetweMYl Main S not• Co"WreW• MW Lot Mhed Lae Cathie IS' Width of Steel U' 01 16' to, net der w iws N.w.l ASeye None Optbul Optional Rr464d h twlp sense Mbr be n011hd Oo-Ste11 Perkin boll Sda Mpbs eonnreed gat) !wen Both Ewes OWbs hnen•enyh 1 b trawl Laws eosvanld to trsnt Yen R'shl o.%'ey Width 611' IT it, 70, Mh 73, f* S We* aW e' Bath 5do 1 e' Bath S'des S' both Sdes 1' Boll Sdrn 1' Bath Swee Landeclp14 Nam Soft 1' ROWN14 1' scanned V RIM1M4 ~Bbpckq LSnn Ia Saari Is Shot Van Of Sdawok, C1111L Lw efa&wake Lee sffdewaks Corner CIto a 7J' i t' 7!' • SC 11' • Jo' IT • ht' J C.IMCBETMITBE 51'RUMIESTaICT11-1149 EXHIBITA 12 . Draft 4pril 13th. J099 \ Tmble 21.3 Arterial Street Sections Ea4tirg Proposed Sow Sedum Saw Ek"m Saar Sectors Seconds Anerii Psiv Meru Sc4od"Arhrlsh Priory Arserii width orsaeet (Ud'niled) 0. 19• As MOW / Media Sepsmed 1W d..s a s.s a.wi (Diided) (2) 21' knorW iDrA ed) (2) J6 $%ADm 1 tact Dvided - W Tool Wdth Divided • (2) s11' W'Iew 21' Swbn rich Side Media W;d;h1 Dennis on trdhdul Streets 14' 24' W 100, R*CO Wsy%Lhh to, 126. IW hm p+a saw"ItteM 1:.Fpres Pt.v eemwyspctilnft.6 ipursed n tow b.d•r+k tbl W. & RC W & .4. Al 10.sl Sid"As Both Sides t 8olhSides 1' 13064 Sides 1' 001h sidu i,rdxapry Now Nov S'-26 i'-76 Bicycling [arcs Nora Nov or I T In Ovblde tare t of I1' In Onside Lane Corxr Crpt 21' 2s' 76 16 E. RETROFIT AND RECONSTRUCTION When revitalization, reconstruction and street refurbishment efforts are planned, every effort will be made to reduce these street pavements, utilize traffic calming devices to slow traffic, update sidewalks or build new ones, and fu-nish landscaf' •g where applicable. Sidewalks and planting areas may be established in the interim taking into account ftlture plans for the area that include placement of these features. Traffic calm- ing devices in the interim maybe used to reduce traffic speeds Extent of Right-of-Way with techniques such as: reduced travel lane strippingor mark- xtcntofPavement ing, rough pavement texture insets at intersections and along R erved the street, and other methods that are effective in this regard, L dscape , PIL Use of new street standards is implicit where redevelopment, ea C~L retrofit of existing neighborhoods, or reconstruction occurs. Storm Ater !1C 0 Se cr Utilities in the Street and Alley I ' Mart All utility systernswillbe designed with the original subdivision Extent of Alley Right-of-Way so that thcy can be constructed prior to placing the paving course > t- on the street or alley. Pavement A, NE1GIIDORI OODSTREETS The neighborhood centers subdivisions will have alleys. Alleys Duct All i it \ r allow the design of"WET" utilities under the street AndTRYe1 Dry utilities under the alley (Figure 21.22). Utilities are not to be Utilities placed in the reserved landscape Lt planting Area, All utilitles, Figure 21.22 Residential other than transmission and feeder tines, will be underground. Street Utility Locations C:VdCBETMttHF.STRCFTTHESTRT,C71.1Y9T EXHIBITA 13 i DraftD n hens lve Plan _ Aprll13th.1929 1, WetUillitles Sewer lines will be placed at the centerline of the street with waver lines on one side and storm sewers on the other side depending on site specific conditions. Utility Department Policy encour ages the placement of water on the north and cast sides where possible. Gas would be placed under the sidewalk on the north or east side as well. 2. Dry Utilitias Electric, telepho, cable TV, fiber optics, and other sim?larutilities will beplaccd in aduct system where some reserves are made for future expansions by new companies or reworks/upgrades by existing companies. Service Connections will be consolidated except in extreme circumstances or where there is an odd number of structures being served. This requires use of joint trenches and placing lines within a set prescribed area instead of the continuous separation across the entire lot. This is particularly critical for small lot, attached housing, clustered and compact developments. 3. Special Lot Conditions Large lot districts and neighbor- hoods will have all utilities in the ExtentorfthUf-Way J front right-of-way (Figure 21,23). tcntor3treetP"r-"-'r se The WET util ities wi 11 be placed like Landscape C{L Lsndsc the small lot blocks and neighbor- 1► Are ! j hoods. The DRY utilities would be l i placed in a duct bank (with expan- sion room) under the sidewalk op- Storm i Water Gas positethe gas line. Service lines will Duct All O i be consolidated as much aspossible Dry 5e " 1 to maximize the area where undis- Utiliticr 10' Min, turbed landscaping and aesthetic im- pruvorientsoccur. All utilities, other than transmission and feeder lines, Figure 21.23 Large Lot/Commeroul. Utilities will be underground, R. COMMERCIALIMIXEDUSECENTER COLLECTOR i Utilities in the Collector Street right-of-way will be placed as d-scribed in the large tot district or neighborhood of Residential Streets (Figure 2(,23). Utilities are not to be placed in the lat . scape or planting area. All utilities, other than transmission and feeder lines, will be underground. j C. ARTERIALS r Many arterials will have to provide adequate room for transmission or feeder lines. A specific location will be provided for these on major and secondary arterials. The right-of-way will contain the landscape reserve and sidewalk reserve on each side and additior!al landscape reserve within the median. The variable width will he based on the need for turn lanes and for placement of transmission lines for utilities. Utilities are not to be placed in the landscape reserve area. All utilities, other than transmission and feeder lines, will be underground. . ("MCat:MTHESTRLEr1THESTRLETt-0Y9S VXMINTA 14 i Droll DentuCorrinreltensive I h 1999 D.5111,1RF.D])UCT BANKS DevclopcrswiII be responsible for working with ell utility companies providing service to the neighbor. hood in order to address technical Issues that area has regarding shared duct banks for dry utilities. Specific routin s, termination g points, and methods mustbc identified for accommodating the involved i utiliiies.Duct banks will provide a minimum of four reserved ducts for future use such as expansion, upgrades, or replacement and will be provided by the developer. ' i Sheet Ae thaics The '*Street" is more than just a place to move people and slow utilities. As the most intensively used public space in the urban landscape, the Street should also be recognized as a social space, a "thread" th; t can knit together neighborhoods, institutions and business. It's design and appearance should reflect the importance of this space and the desired image of the community. Elements of this aesthetic image include street trees and othcrplants, colors and texluresused on paved surfaces, lighting, signage, public art, and site furniture. These elements can be weaved together to create a comfortable and pleasing space through which people in vehicles, on bicycles, on skates, on foot or in strollers, and the handicapped may travel, i The primary goal of the "Street" is an economical, comfortable, safe and aesthetically pleasing environment in which to travel for the pedestrian, the bicyclist, the handicapped, the transit user and the automobile. The strategies the City will use to meet this goal include: A. MATEItIMU The Target the sheets Raise Require the use of alternative paving intersecting, the mote intcrsrenom materials, including the use of differ- need for design & al anerials R enl textures, p:dtenis, colors and per- color for pedestrian commercial aatil. nseof meability,todelineate pedestrian arid arnval, bicycle paths, crosswalks, transit stops, a pave the entire other non-vehicle spaces, and at major intersection intersections (Figure 21.24 R 25). Crosswalk with raised pattemed paving materials with altematlse paving materials Other Design Altemativcs: heck•do4 n Intenechons use ofeolot ti change r r < • Use of Figure 21,25 Figure 21.24 C':+MCtiEI Mai HE StarttlrHL5iaCFrsJY99 Ex11181T A Is . III i Dr• I' n 3th,1999 R. LIGHTING t Adopt standards for street r.td securit; lighting that are consistent with urban design, environmental, public safety and transit objec-~ 4 t fives (Figure 21,26), Figure 21.26 C. SIGNAGE t Design and adopt directional and informational signage schemes that are effective, attractiveand reinforce a desirable image for the City (Figure 21.:7 r l I Figure 21.27 D. LANDSCAPE DESIGN-1u:~w-! a Adopt landscape design standards that ~r• achieve urban design objectives, while al- lowing for variation in style and design = f ; along different corridors, nodes and gate- ways and on adjacent private property (Fig- ure 2128). Figure 21.28 $trn l6 . rnxnt,rtrTntstattnrntsrttttr~4~s► Exits C cI 1)I ;tt't Denton Comorehenslve Plan _ ARM 131h. M E. FURNITURE Use site furniture (benches, planter seating, trash containers, drinking fountains, and other features) to create gathering places for pedestrians within the street right-of-way (Figures 21.29. 30, 31, &32). Figure 21.29 Figure 21.30 Figure 21.31 Figure 21,32 F. 1161 U: Adopt design standards for transit stops and bus shelters that are consistent with urban design ob- jectives(Pigure 21.33 & 34). Figure 21,33 Figure 21.34 G. INFORMATION SYSTEMS Use information kiosks at strategic focal points and gathering places along the Street to commu- nicate community news and events (Figure 21.35). i Figure 21,35 . C:'ddfaET1NTHE STREETT116 STREET C1349 kX11191?A 17 Draft Denton Comnrehenaive Plan AgLU 13do 19,U pU131.1C PARKIN . { It. Apply adopted design standards for paving, lighting, signage, and landscaping to public parking spaces. 1. PUPLICART R r: Adopt standards to guide placement of art in public t places, such as landmarks, view corridors, pockets, traffic circles and other locations of prominent slat. ure (Figure 21,36) J. URRAN DESIGN Figure 2L36 Public Art Use the urban design criteria to create relationships between the street and the structures built adjacent to the right-of-way line that exempli fy quality design and sustainability (Figure 21.37). NIV > fEl t~ 1 Y ~ ' mo~fit- ` ~ i i ~y Figure 21,37 Typical Urban Pillage utilizing urban design criteria c.SlcnLilf„fllLrtNLLTiHLSfpE[Tb1S•f9 EXHIBITA is . HvoiI Denton('ont )rchenshcPlart April DOI 1999 Section 22 ■ The "Edge" hurorlrrcrlwr 'I he " EAgc addrusscs the reklionships hct\\ccn the do\clopcd parts of the city and its undc\clopcd edge,, A period of rapid t;rowld is projected, and signi Pcant challenges will be faced regarding Demon's "Edges"duringtlluucxt2Uye~rs '1hcC'ilyofDcntultcunentlyholds about 75,000people. Bycontrast, areas on the perimeter of hcnRUt i l l accommodate 110.000 additional persons by the year 2020. Not :tll ofthe arcus thus vv ill yrnu arc inside ilu CA, of Denton at the present time. A 31/: mile" extraterritorial jurisdiction", or IIT.I•rxtcnJ,ouhc;ud from thcciq• limits,\ehichcanbeanncxeJ and madeapartofdte city iflnunicipal services are made a\aiiable to Iheannexed properties. Another boundary that is important at dtc city's edges is the ('('N, or ('crtiticate ofCcmenienee and Necessity, is an area certified by the l eras Natural Resources ConscrwIion Cornmissie n (1 N'RCC) far \xater, \xastcwatcr, or other ut'dity ser\ ices. 'I he City of I)enlon \\atcr and \\ase%ko1cr ('CN's grant exclusive authority to pro\ide Ihesc services \Othht spccitic boundaries, A Inap of Denton's \\atcr and wastc\\'atcr CC'N's is shot\n in E3gdres22.1 and 22,2 Many cities grove from the center I c y_; " l out\\ard, through annexation, by T L t"'~ j extending utilities and ser\jccs incrementally front existing points of f 1- ~ I`W1 ~service.AsamemberoftheDailas•E't. WortliMelroplaxregional ofemoiding J i l_. _ f "hL \cater and se\\ cr lines is \vy cxpensicc 1 c F , . + ! :utd a "lcapfrog•cffcci" occurs When 7 :r'r i)il j f ;'t)ly thousandsof.tcresol'undc%clopcdland -r 1 t 1 arc bypassed. Police and fire protection, solid \\astc collection, and L. s~ - other services like\\ise experience } +r cry. L} f t~ stress \\hen "urban spra\\I" occurs, t i Should the City of Denton decline y 44 requests to pru\ide seraices to x h" ~ ff _ properties \\ithinitsf.TJ,ptrlicularly for (cr and \\asic\\ater services, s other providers such as Municipal { Nr`.✓t4 :a",~. utility Districts could serve M areas in place of city go\crnment r "t. - .t. Development would then he exempt from toning and building code requiretttcnts, creating,in cn\ ironmew •'y of uncertain density, land use palcents. r y{, and unmanaged grow th. r lgtjiv 22.1 15'it Icr C('N% r Irlll t',•.,,.:I,r,„I'',vIH11Uid FAMBIrA ■ I M I If Ora t k As a member of the Dallas-FtNorih { 6 Metroplex Denton must also consider the ~ impact of edge development on r C L + neighboring municipalities. Several s interlocal agreements have been made • with othercities such as Argyle, Corinth, and Shady Shores, and help to define boundaries between municipalities to the It benefit of property owners near city borders. G ` The jurisdictional areas of the City of d Denton are considerable. Current city a limits encompass 56 square miles, 60% ' of which is undeveloped. The 3Y, mile } ET) totals 165 square miles above and ~L 2 beyond city limits, bringing the total city ft a • t jurisdiction to 221 square miles. When r Denton's population surpasses 100,000, - the ETJ will extend 5 miles from city j I • 4 borders, This would raise Denton's ETJ from 163 square miles to 197 square miles. 1•'Igure 22.2 WastimaterCCNs t i U . E.vlsring Corrdlrions The edges of the City of Denton are very well defined in some areas, and only generally defined in others, Interlocal agreements, along with the barrier represented by Lewisville Lake, provide a well- defined edge from Pilot Point to the northeast all the way around the Denton ET) extending south and west adjacent to municipalities such as Aubrey, Krugerville, Crossroads, Oak Point, Shady Shores, 1lickory Creek, Highland Village, Copper Canyon, Bartonville, and Argyle. Figure 22.3 shows the extent of interlocal agreement boundaries. An interlocal agreement is currently being considered to define the City of bonton-TownofNonhlaesboundaries. As the edges of the Denton ETJ approach the west and north, ho«evcr, the boundaries are not clearly defined. The limits of Denton's jurisdiction are not set ~%ith respcct to Ponder or Sangcr. Although boundaries have been set with Krum, a reexamination ofjurisdiction lines may be needed, since Krum may have annexed portions of Demon's ETJ without consent. In addition, these three general law municipalities, which can annex land only by consent of affected property owners, may have extended their city limits beyond boundaries currently known by Denton officials. Sangcr has expressed Interest In annexation toward Lake Ray Roberts as development interest in shoreline property increases, a point that could have water quality implications on an Important Denton raw water source. ( AIII I ComprthanINCplan tiltrt(A EXHIBIT A 2 1 i' 1. h A rid 113th, 1999 Large tract owners are beginning to ! express interest Indevelopment at the Inarlocet Asreement, e~~e southern and western edges of No Agreement Denton's ETJ. Utility extensions are being planned and funded to provide ` _ I>~ services to these areas, and annexation of properties In the 1.35W and U.S. 377 corridors is being aggressively TI t pursued. some ortheseproperties are being subdivided and platted before annexation and zoningcanoccur,and l JJ, Issues arise with respect to the balance ti i{ between community interests and the I_ development rights of the property r _ TIT owners. If land is annexed after it is 1i subdivided, platted, and developed, zoning of the property becomes a useless gesture, unable to address land use, density, and site design concerns, F 1 If the land is annexed before development interest arises, owners of - farms and ranches feel that they are - _ 1 being treated unfairl; , becoming ry unwilling taxpayers for unwanted I f services. The availability of city water I , and wastewater services creates 71 - _r f I opportunities to subdivide land at t "urban densities", and raises the market value of rural land substantially. by as much as400','*, Denton Is considered a "home-rule" 1 city by Texas state law, and may annex ' property within its ETJ subject to compliance with state regulations Figure 12,3 InterlocalAgreements ti . Municipal services consistent with those provided in other parts of the city must be extended to annexed areas, within specified periods of time. Water and wastewater Improvements needed to provide services to an annexed area must be started within 2 years and be completed within 4Y, years. Over the last few state legislative sessions, the annexation authority of i home-rule cities has become increasingly contested, and laws regarding annexation may soon change l f r and become more restrictive. Significant changes contemplated Include more restrictive measures such ! Ir as; (1) a new requirement would mandate the development of a three-year annexation plan by the end of 1999; (2) faster service provision, requiring water and wastewater services to be to place and operating within 2Y, years rather than 4'/, years; and (3) annexations would expand ET) boundaries by only one mile, considerably less thanthe 3'h miles currently applicable to Denton. t:VIILLWo"OnslvephnttlitMt EXHIBITA J . t' I I \I , I Draft Denton Coronrehensive Plan Agrill 13th, 1999 Ill k i General Poiieles Proactive planning is considered the preferable approach, and proper "Edge" planning is important to define a growth management strategy that will benefit the most people. Proactive planning requires preparation and an Investment of resources In anticipation of growth. Public involvement is critical to plan success. Anticipation of potential adverse impacts of unmanaged growth is it key objective. The less preferable alternative is to react to growth and its impacts as they happen. Adverse Impacts are typically more expensive to fix than to prevent. Proactive planning is staying a "step ahead" of growth; reactions to growth are always a "step behind" The "Edge" policies are Intended to keep Denton a "step ahead." Denton should endeavor to set finite boundaries that make sense, rather than allowing annexations to eel arbitrary ET) edges. ETf edge areas that are isolated or pose accessibility problems should be carefully evaluated to deterrnlne if service provision can occ+tr on a cost effective basis. Political subdivisions adjacent to Denton, such as Argyle or Corinth, are obvious hard edges to Denton's jurisdiction. Geographic boundaries can also be used advantageously - water bodies such as Lewisville Lake and I Lake Ray Roberts represent natural barriers that define Denton's current edges. Watershed delineation i is another method useful to determine the feasibility of jurisdiction extensions, because watersheds define directional gravity flow for sewerage and drainage systems to a common point, and water quality objectives can be addressed within individual basins. The Hickory Creek Watershed (lo the west) and Clear Creek Watershed (to the north) represent two edge basins that may help to define jurisdiction l f expansion objectives. Proactive planning should be utilized to perform cost•benefitanalyses whenever edge expanslons are considered. Specoc Policies A. Essential services provided by government must be maintained at the highest levels of quality pos- sible. City services intend d tv protect and preserve public health and safety must be provided to all existing and future Denton stakeholders. H. The growth management a:rategy should support the coordination of public services with private development. Development pattems that make the most efficient use ofpublie services and infrastruc- ture should be promoted. The true impact of private development should be accurately Identified and assessed in proportion to public costs and benefits. C. The community should establish development rules that are clearly stated, administered efficiently, i and enforced consistently, If development Is proposed that does not satisfy ali the rules, it should not be al I" cd, D. Land uses should be balanced to maintain a diverse economy and a well-propottioned tax base. The city will provide opportunities for the development oft full array of land uses within the city. C~fDLLK'orrprr}Kn\M plm'TIM r DOE IXHIBITA 4 . i t c. Draft n April 13th. 1922 E. Areas of the city susceptible to environmental damage, or where infittstructure systems are stressed, or where development would contradict city planning objectives should be identified and protected. F. Zoning should be used as originally intended, to address extreme incompatibilities between land uses. Zoning should be used to identify performance standards that allow land uses in defined districts based on their ability to mitigate potential negative impacts on neighboring properties. Areexamination ofthe use of zoning as a planning tool should be conducted to reflect'dommunity values successfully. C. Development guidelines should be established to allow a wider range of land uses to coexist within close proximity to each other, Site design principles, aesthetic guidelines, and construction standards sh )uld be investigated as possible tools to promote land use compatibility and encourage developmental diversity. H. The location, placement, and design ofpublic facilities such as parks, schools, fire stations, libraries, or human services facilities should be used to create neighborhood activity centers. I, Coordination of planning efforts between different units of local government should be encouraged to save money and yield greater benefits to residents. Residential development that establishes a variety of lot sites, dwelling types, and housing prices should be encouraged. J. The City should be designed to accommodate people rather than automobiles. As growth occurs, a variety of mobility systems should be given space to connect people to destinations that are Important to daily functions. Transit, bicycle, and pedestrian linkages should be planned and implemented to serve daily transportation needs safely and conve '-ntly. K Denton'sabilitytogrowandexpandshouldbeidcntifiedIntheCity'sannexationstrategy.Citylimits and extraterritorial jurisdiction (ETJ) boundaries should be clearly established, and relationships with OLherjuHsdictions should be determined through Interlocal agreements, The Amexal ion strategy should also reflect the costs of service provision and external environmental impacts associated with land lo- cated in the ET.I. V_ ReCOminendallons A. The City cf Dcnton will prepare an annexation plan, with a minimum 3-year time horizon, to coor- dinate the availability of municipal services with areas likely to experience development pressure at urban densities. The City of Denton Annexation Plan will be considered a master plan that requires coordination with other master plans that address water, wastewater, drainage, transportation, parks, libraries, capital improvements programs and other improvements. H. The City of Denton will not encourage development at the edges of its ETJ, In recognition of the higher costs of "leapfrog" development and haphazard "urban sprawl" An estimated 60% of the land area within the city remains undeveloped, and services are for the most part reasonably available to vacant land inside Denton. Incentives encouraging infill development will be Implemented, particularly within existing city limits. G:WILLCompnh mfveplimlRE LOGE EXHIBIT A S . c Draft Denton ComprehensiVe plan ARM 13th, 1999 i C. The City of Denton will proactively annex land within its southern ETJ and other Urbanizing Areas that become attractive for urban development due to availability of municipal utilities, and due to loca- tion within close proximity to areas being subdivided and developed, Proper management of develop- ment In the Urbanizing Areas depends upon annexation and application of zoning regulations that sup. port the Recommended Land Use Plan. Pending anticipated changes in state law regarding municipal annexation authority and the Vested Rights statute, the City of Denton Annexation Plan will Identify areas that should be annexed, by priority, to ensure that zoning regulations will govern proposed subdi- vision plats and subsequent development. D. The City of Denton will work with adjacent municipalities to determine shared boundaries, and will execute Interlocal agreements based upon mutual agreement that will benefit affected property owners. The municipalities along the wwlern edge of the £T) - Northlake, Ponder, and Sanger - will be ap. proached to determine i fjurisdictional boundaries can be determined through the negotiation of interlocal agreements. E. The ETJ area that extends south from Hickory Hill Road, toward Eartonville and Copper Canyon, I will not be annexed by the City of Denton The City of Denton will provide wastewater services In this I area, and will relinquish its ETJ authority to other interested municipalities that are prepared to provide full services required by state annexation law. Hickory Hill Road will be considered the southernmost Wundary of ETJ that wit[ be eventually considered for annexation, F. The F.T1 area that extends east from Hickory Hill Road, toward Lewisville Lake between Highland Village and Corinth, wil I not be relinquished by the City of Denton unless all water quality concerns are addressed with respect to Denton's raw water supply, stomswater quality, and other environmental objectives. This area is not likely to be annexed due to the extent of tloodplain land under the jurisdic- tion of the U.S. Army Corps of Engineers. G. The extent of westward ETJ expansion will be analyzed In the upcoming City of Denton Annexation Plan, Consideration will be given to the environmental management objectives being formulated for the Hickory Creck Watershed, and the feasibility of extending ETJjurisdiction into other watersheds. Ad- ditional research will be devoted to the policy cnoices involved in extending ETJ boundaries to the west side of [Crum, Justin, Northlake, and Fort Worth, where access to ET) areas will prove difficult. If. The northern edge of Denton ET) will be determined through examination of the extent of the Clear Creek Watershed, the jurisdiction governed by Sanger, and the Impact of Highway 1-35N. Lake Ray Roberts is a significant resource and geographic barrier to the northeast. The Lake Ray Roberts Small Area Plan will contain analyses as needed to prepare "Edge" recommendations in the northeast comer of the City of Denton ET). i~ ( C,UIIItKbmpmh"i1Y@plm~THEEDGC EXHIBITA 6 . i i t t. AGENDA INFORMATION SHEET Item Item W005---- oay AGENDA DATE: April 13,1999 DEPARTMENT: Planning Department CMA)CM/ACM: Rick Svehla, 349.7715 SUBJEC~r- TopoftheHillSubdivision (d-83) Receive a preliminary assessment, hold a discussion, and consider approval of a schedule of public hearings with regard to the proposed annexation of a 65.174 acre tract located south of Nowlin Road on the east side of FM 2181 (Teasley Lane) generally opposite Hickory Creek Road In the Extraterritorial Jurisdiction (ETJ)ofthe City of Denton, Texas. (see Attachment 1) I BACKGROUND The petitioner requests the property be annexed and zoned with permanent land use classifications of 31.65 acres Single-Family 7 (SF-7), 24.24 acres Multi-Family (MF2) and 9.28 acres Commercial (C) zoning districts. (see Attachment 2) SUGGFSTED RECOMMENDATION The Growth Management Plan indicates that this area should be developed as low density residential. Since this property is outside of the city limits, annexation Is the logical step to ensure that this in fact occurs. It will provide the City of Denton the authority to regulate land use based upon a zoning classification. Therefore, staff recommends that the City Council conduct a thorough analysis regarding this request for annexation and zoning by approving the attached annexation public hearing schedule (see Attachment 4). Approval of this schedule will rllow staff to proceed with the formal annexation roiew process. i PRIOR ACTIONIREVIEW [Council, Boards. Commisslonal k None at this time. FISCAL INFO M1114TION None at this time. 111TCOiVIt drdlAr iRO'NF.571URIId,v f` 3. l , d u ATTACHMENTS 1. Vicinity Map 2, Proposed Zoning. 3. Preliminary Annexation Assess, aent. 4, Proposed Annexation Schedule, S. Petition for Armexation. Respectfully aubmi 'Pavi Hill Director of Planning and Development Prepared by; 44teichharl Development Review Manager r r}rl+'`' r r rrrc nr ncrr. ~cewu r xa'~r rsrroxsr,r~,~ i I c ATTACHMENT 1 ~I NORTH A-83 (TOP OF THE HILL ADDITION) j 77 I Y ff SITE REM R y o Nor , ~lx.. ~t x.'l~xa+~~~rt ^r EY L ' LOCATION MAP Agenda Date: Aprll 13, 1999 Seate: None 3. C i ,I i I I ~ ROWUN PA S` LCUND MULTI-FAMILY ~~a PRDPER9Y im 80 24.24 ACRES - • • - zaNnva vmlV LWm +A HKURY CRUX RA COMMERCIAL N 9.28 ACRES e.,RESIDENTIAL le J 31.65 ACRES cPINNELL W-` ASSOCIATES TOP OF THE H1 LL SUBDIVISION t". i i i t Il i i ATTAcvkIENT 3 PRELIMINARY ANNEXATION ASSESSMENT (A-83) Top of the Hill Subdivision E Owner Information: pinnell / Ford, Inc. Rt. 13, Box 135 Denton, TX 76205 Location and Size: On the south side of FM 2181 (Teasley Lane) generally opposite Hickory Crock Road. Existing Land Use: Undeveloped Surrounding Land Use: West: Undeveloped East: Oakmont Community (PD 111) North: Undeveloped South: Undeveloped Proposed Development: The petitioner is proposing 3 zoning classification for the subject property. The northern 24.24 acres would be zoned Multi-Family (MF2) with a proposed density of 17 units per acre for a total density of approximately 412 units. The southern 31.65 acres is proposed as Single-Family 7 (SF7). A density of 4units per acre and a minimum lot size of 8,000 square feet are proposed yielding approximately 126 I lots. 9.28 acres fronting Teasley Lane is proposed as a Commercial (C) zoning district. At 30"/o lot coverage, 121,000 sugar feet of commercial development could be constructed. Analysis: • The subject property 's -1-acent to the existing city limits, running along Teasley Lane. South Denton has been experiencing a great deal growth especially along the Teasley Lane (RM. 2181) corridor; this proposed subdivision is an extension of that trend. m Annexation (along with the corresponding zoning request) will ensure that the city controls the zoning and development of this property. m The development as proposed will require public improvements, The following is a preliminary list of those improvements which may be triggered by the platting process: 1. Right-of-way dedication along Teasley Lane and Nowlin. 2. Right and left turn lanes on Teasley tone into the subdivision. 3. Participation in a trafl-c signal at Ryan Read and Teasley Lane. 4. Construction of inlemal streets. ' 5. Construction of sidewalks along all public streets. 6. Extension of public utilities to service the development. 7. Possible upsiring of existing Granada lin station and sewer lines. L S. Installation of fire hydrants, 9. DL~lication of public utility easements. to. Dedication of the flood plain area as a drainage easement. r'rrflmlanq AiAmmeml dot 5. c ATTACHMENT 4 ANNEXATION SCHEDULE: TOP OF THE HILL SUBDIVISION (A-83) Thursday, April 29'1Notice published In Denton Record-Chronicle for first City Council public hearing. Tuesday, May 11s' City Council conducts first public hearino. • Public notice must be no less than 10 days and no more then 20 days before public hearing. a Annexation Study prepared and available for public review. a Service Plan prepared and avallable for public review. Sunday, May 2n° Notice published in Denton Record-Chronicle for Planning and Zoning Commission public hearing. Wednesday, May 12' Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and the proposed zoning. Public notice must be no leas than 10 days before public hearing. Saturday, May 811' Notice published In Denton Record-Chronlcle for second City Council public hearing. Tuesday, May 18' City Council conducts second public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing. Tuesday, June 1 e City Council by a four-fifths vote Institutes annexation proceedings. First reading of annexation ordinance. • Action nest be more than 20 days after the second public hearing but less than 40 days from the first public hearing. F, Saturday, June le Publication of annexation ordinance In Denton Reoord-Chronicle. Tuesday, July 200 City Council by a four-fifths vote takes final action. Second reading and adoption of the annexation ordinance. City Council considers approval of zoning request. • Council action must be more than 30 days after publlcatlon of ordinance and less than 00 days after council Institute's c. ' annexation proceedings. f 6. I 1lli c~ c~ ATTACHMENT 5 rttttlow hi AffluTto11 ; TO TNg riANNtrta An tONINO cor4it1010N um CtTT COUNCIL or THg Ct" or DINTD1, THUS She vadetslgned does heraby petition for annotation of 65.174 acres tooated at yH]lgl 17 aslav Ln1 a Hickory Ck Rdn the extntareitorlaI jurisdiction of the Ctty of Daetoa, Texas. The property to .its particularly descrited is the attached survey description and shown on the attaohad cap. The undersigned aloe aortities that the following required information conoerntng the land and its inhOttants to roewnably accurate and assumes responsibility tae complettaa of ostd interwttee prior to scheduled action on the request by the City of Denton. 1. to petition bathe initiated by ovner(s) or majority of reeletared voters In area of requeotf Les X_ , No It no, what to the otatuo of the applicant? 1. Now rAq dwelltra units are located vilhtn the area tsqueelad tot anaeraltoat none 7• Now rushy buelneotae at honruidenlial land uses are located within the ores of the Nquest? none Kosse provide a general description of these land uses lacluaing the haw(s) of bustasssa , if bnewa 1. Dees atoo of vtquesl include any territory within the city Uwe or sitea- territorial Sueisdietion of aaothar ottyt yes , . No _ X ` 5. golisatod populettea of the aroa of teausol zero Adults ! Childesa Huabs; of regietarsd voters? I i 6. At the time of this petities, have any other aa, esatios prodsAwros teso ' initiated tar all Of 04 part Of the area eequetted Ilk We pHlllen? Yes ~ cad their status Me Y It yes, fiesta esplata the procedures %$two i 7. Dose a water supply district lie withla the boundsries of the area ptoposed t for aru,sxaiton? tee No ,,X_ g. Vhat sening, if any, other, than eteultural (A) to Lame eogceeled uele: separate petttlon? _ gsrws &11 Se"r (~fr~'I- Fiy10 How ouch of tottitory prepeeed for anneaatled to included in sohtnj petttion? . alt r . r~ r i1 'I f p Polltitt for pAneoatSoe Teas 'ho 9, Pi tt,~p a o! ann~t~ellYonk For datralo nano of ~o erE n ilfe o an on ur a o ors. I 10. Planned land use (it aentn; to balm teyuelted)t Proposed Unit Catogory 4 total Par Aore And/Or Pcyeosed ACralaa scuace poetise a. Sinela flatly attached Sr' 7, 312v 4 unito/ac-8000 b. st"ls twily attached (i,xnhousas, sq. ft 101 cluster, ate.) - o. maohtd palieldarden/ssre lot tine d, Dopler z to c Mutts-teeny - ' f. Otttat s, Nttghborhood atrvtce •-----y- - - h. Ctnenl Mtail C. If. 7 L Cooruretal It81st industrial k. Naavy Lndustrlel Proposed use(s) it speoltia use permit or punned davolopoent (PD) ttir4 requasted. It. Have petitioner(s) 16AM4114e4 thesu elves W%th the ottiotil snnaracict policy, land kite poltatas, and %beo standard Municipal. service plan of the City of Osntenr Tod x _ - WLW of Ower(e) Pin TolapW6 19dn 21- 2,u- Slao►ture(o) * Data _3~1A- Addrtss(si) '~--Or• It pstltionar to tot W ovner of the propsrtyi Statue Naea to ) tSol Telepbott •9j 01 it/ :rZ3/ r e,4/P 81dn►ture(s) Date _ Addesu(ts1 ~ rr-XTL7e~"' s Kota Notot and tooatten Map for ari& ppopoosi ter annolmlon suit is eubolltrd alone vttt 40e11e14d pN itlon befote Procter bytno. 8. I' 4 DESCRIPTION OF PROPERTY SURVEYED ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE BERRY MERCHANT SURVEY, ABSTRACT No. 800, DENTON COUNTY, TEXAS, AND BEING PART OF A TRACfi OF LAND DESCRIBED IN A DEED FROM MAGGIE K. TEAGUE TO MAO LEE LIVING TRUST, FILED OCTOBER 12, 1993, RECORDED IN COUNTY CLERK'S FILE No. 93-R0072122, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A SET 1/2 INCH IRON ROD AT A CO'ANER POST AT THE SOUTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO JOHNNY L. JESTER at ux, RECORDED IN COUNTY CLERK'S FILE No. 93-R0072123, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, ON THE EAST RIGHT- OF-WAY OF F.M. ROAD 2181; THENCE SOUTH 84 DEGREES 37 MINUTES 55 SECONDS FAST, WITH THE l SOUTH LINE OF SAID JESTER TRACT, A DISTANCE OF 680,71 FEET TO A SET 1/2 INCH IRON ROO AT A FENCE ClOkNER POST, AT THE SOUTHEAST CORNER OF SAID JESTER TRACT; THENCE NORTH 04 DEGREES 24 MINUTES 56 SECONDS EAST, WITH THE EAST LINE OF SAID JESTER TRACT, PASSING AT $85,51 FEET THE NORTHEAST CORNER OF SAID JESTER TRACT, CONTINUING A TOTAL DISTANCE OF 599.24 FEET TO A SET 1/2 INCH IRON ROD, ON THE NORTH LINE OF SAID MAG LEE LIVING TRUST TRACT, ON THE SOUTH LINE OF A TRACT OF LAND CORDS, MEL WHEELER at u COUNTYx TEXAS, INOTHE VOLUME MZDIE ~OF PACE DESCRIBED 20 DEED DEED TO NOWLIN ROAD; THENCE SOUTH 89 DECREES 45 MINUTES 43 SECONDS EAST, WITH THE NORTH LINE OF STUD MAG LEE LIVING TRUST TRACT, AND THE SOUTH LINE OF SAID WHEELER TRACT, A DISTANCE OF 1738,69 FEET TO A SET 1/2 INCH IRON ROO AT THE NORTHWEST CORNER OF SAID MAO LEE LIVING TRUST CHat SOUTHEAST ux CORNER RECORDED A IN TRACT OF LAND VOLUME 1054, DESCRIBED PAGE N A OECD TO MEL WHEELER 17, DEED RECORDS, DENTON COUNTY, TEXAS; DEGREES 01 THEN SOUTH MINUTES 57 L NE C OF SAID MAO LEE LMNG2 TRUST TRACT, A CDIS ANCESTOr rt11308 40 ST FEET TO A SET 1/2 INCH IRON ROD AT A FENCE CORNER POST, AT THE SOUTHEAST CORNER OF SAID MAO lE£. LMNG TRUST TRACT, AT THE NORTHEAST CORNER OF A TRACT OF D DESCRIBED IN A DEED TO HERSCHEL V. FORESTER, TRUSTEE, RECORDED IN VOLUME 605, PAGE 621, DEED RECORDS, DENTON COUNTY, TEXAS; w THENCE NORTH 89 DEGREES 47 MINUTES 20 SECONDS WEST, WITH THE SOUTH LINE OF SAID MAO LEE LIVING TRUST TRACT, AND THE NORTH LINE OF SAID LONG TRACT, A DISTANCE OF 2481,56 FEET TO A SET 1/2 INCH IRON ROD AT A FENCE CORNER POST, ON THE EAST RIGHT-OF-WAY OF F.M. ROAD 2181; THENCE NORTH 00 DECREES 38 MINUTES 58 SECONDS WEST, WITH THE EAST RIGHT-OF-WAY OF F.M. ROAD 2181, A DISTANCE OF 772.45 FEET TO THE { r-4" POINT OF BEGINNING AND CONTANING IN ALL 65.170 ACRES OF LAND. I 9. i I t 1 t: I 1 I AGENDA INFORMATION SHEET q'~• 015 t AQW4a No. AOW* Dots Item~ • 3 - AGENDA DATE: April l4, 1998 DEPARTMENT: Planning Department DCM: Rick Svehla, 349.7715 SUBtJECT - Annexation Report. Receive a report, hold a discussion, and give direction to staff with regard to the possible annexation of two tracts of land and a request from the City of Argyle to release land from the City of Denton Extra-Territorial Jurisdiction (ETJ). I. Trinity Meadows. Approximately 80.7 acres south of McKinney Street (FM 426) near its intersection with Trinity Road. A manufactured housing development is proposed. 2. Mesquite Meadows. Approximately 100.2 acres north of Loop 288, between Stuart and N. Locust Streets. Subdivision into two large lots is proposed. No specific development proposal has been stated. 3. Lubber Addition. Approximately 19 acres south of Edwards Road, between Mayhill Road and Swisher Road. A manufactured housing development is proposed. f ' BACKGROUND Two recent applications for preliminary platting and a final plat application in the City's ETJ have raised the question of possible annexation Into the City in order to more directly manage their development Trinity Meadows. This property is located in east Denton, sout.~ of McKinney Street (FM 426) near its intersection with Trinity Road A portion of the property is within the city boundary and zoned Agricultural (A), while the balance remains outside the city boundary in Division 1 of the city's ETJ. The portion outside the city has no zoning classification, but is subject to the city's subdivision and land development regulations. The tract is within an area of ETJ that is completely surrounded by land within the city boundary. A preliminary plat subdividing the tract into 4 lots has been submitted for City approval. The plat was first considered by the Development Review Committee on March 4, 1999. N') timeline for consideration by the Planning and Zoning Commission has been established. It is tike:y that the preliminary plat could meet city requirements and be approved prim to the completion of any snnexation proceedings if pursued by the Council. As submitted, the site plar, creates 331 Individual manufactured housing spaces, yielding a gross density of 4.1 housing units per acre. Approximately two-thirds of the proposed spaces are designed to support double-wide manufactured housing units. While the proposed site plan appears to noel many of the city's 1, - requirements established in Chapter 32 of the Code of ordinances, unless the entire tract is annexed into the city, there is no way to assure that these standards will ultimately be achieved as the property Is developed, One lot Is planed so that Is encompasses all that portion of the subject i tract that is within the current city boundary. Another lot le platted that is partially within the city, No development is currently proposed on these lots. 1. t M The Growth Management Strategy (GMS) recently adopted by Council indicates that this is a targeted area for residential neighborhood development with a targeted density of 3 to 4 units per ti acre. Net of the two lots adjacent to McKinney which encompass the area within the current city boundary and for which no current development is proposed, the yield of the development is 4.4 manufactured housing units per a:re (331 units on 74.681 acres). The GMS is quiet with regard to the issue of manufactured housing. Rather, the GMS suggests allowing a diversity of housing types, styles and costs within neighborhoods and allowing a mix of compatible uses within neighborhoods. Mesquite Meadows. This property is located in north Denton, north of Loop 288, between Stuart and N. Locust Streets. A portion of the property is within the city boundary and zoned Agricultural (A), while the balance remairw outside the city boundary in Division 1 of the city's ETJ. The portion outside the city has no zoning classification, but is subject to the city's subdivision and land development regulations. i A preliminary plat subdividing the tract into 2 lots has been submitted for City approval. The plat was first considered by the Development Review Committee on March 4, 1949. No timeline for consideration by the Planning and Zoning Commission has been established.. It is likely that the preliminary plat could meet city requirements and be approved prior to the completion of any annexation proceedings if pursued by the Council. No proposed use of the land has been specified. Otte lot of 14.7 acres is entirely within the city boundary and the other lot of 83.1 acres is entirely outside the city boundary. The applicant has made previous inquiries about manufactured housing opportunities around Denton. As submitted, the two lots could be developed as a manufacturing housing development. The 14.7 acre lot within the city boundary and zoned Agricultural would require a Specific Use Permit and compliance with Chapter 32 of the Code of Ordinances. Once platted, the lot outside the city could be developed without further zoning and platting consideration and without Chapter 32 requirements. The Growth Management Strategy (GMS) recently adopted by Council Indicates that this Is a targeted area for commercial land uses (near the N. Locust and Loop 288 intersection), parks (near the Stuart and Loop 288 intersection) and residential neighborhood development (north of the commercial and park areas) with a targeted density of 3 to 4 units per acre. The GMS is quiet with regard to the issue of manufactured housing. Rather, the GMS suggests allowing a diversity of housing types, styles and costs within neighborhoods and allowing a mix of compatible uses within neighborhoods. Lubbers Addition. This property is located in east Denton, south of Edwards Road, between Mayhill Road and Swisher Road in Division 1 of the city's ET). The property has no zoning classification, but is subject to the city's subdivision and land development regulations. The tract is within an area of ETJ that is completely surrounded by land within the city boundary. A preliminary plat creating a single lot was approved by the Planning and Zoning Commission i on January 28, 1998. As approved, the site could accommodate about i8 Individual manufactured housing spaces, yielding a gross density of less than housing units per acre. A ` r private co-op well to provide water and individual septic disposal systems to provide wastewater treatment are proposed. The proposed development site plan meets only a few of the requirements established in Chapter 32 of the Code of Ordinances. Unless the entire tract Is annexed into the city, there is no way to assure that these standards will ultimately be achieved as the property is developed, 2. c% c. Prior to final plat approval, the applicant must receive PUB and City Council approval to operate • a private co-op well system for water supply, It addition, individual septic disposal systems are subject to city and county approval The Growth Management Strategy (GMS) recently adopted by Council indicates that this is a targeted area for residential neighborhood development with a targeted density of 3 to 4 units per acre. The GMS is quiet with regard to the Issue of manufactured housing. Rather, the GMS suggests allowing a diversity of housing types, styles and costs within neighborhoods and allowing a mix of compatible uses within neighborhoods. t The staff seeks direction from city council with regard to annexation. if it is the Council's desire to annex the subject tracts into the city, it may direct staff to prepare an annexation petition and establish an annexation schedule leading toward initiation of annexation proceedings. PRIOR ACTION! REVIEW (Council. Boards. Commissional There has been no prior action or review of these proposals by other Board-, or Commissions. Council has considered the Trinity Meadows and Mesquite Meadows annexat.ort at a March 23, 1999 work session, but the Lubber Addition then came up and staff desired to deal with all three tracts concurrently to minimize scheduling difficulties. A new annexation schedule is proposed. FISCAL INFORMATION At this time, there has been no fiscal analysis prepared. For all annexations a Service Plan and Annexation Study are required. ATTACHMENTS 1. Location Map - Trinity Meadows J 2. Location Map . Mesquite Meadows 1 3. Location Map - Lubber Addition 4. Annexation Schedule ' Respectfully su I PNWd Hill 'Director of Planning and Development Prepared by: I i Mark Donaldson Assistant Director, Planning and Development I 3. i i I k LOCATION MAP Trinity Meadows I i ; I Ryon 1 H.S. H-4 14 tt J. _ f( r LancMIl L ~i • SITE , 1 ~ ~ j - , Jf i ~f i I Attachment 2. LOCATION MAP Mesquite Meadows - I 1 SITE ~ II V 1. ~ ~ J ~ 71 r 1 ` I a; /f I r 5. 1 c' u . Attachment 3- LOCATION MAP Lubbers Addidon { Ryon <6 H.S. i k' 1 r ` c Lcndflil 7 ~ III f t SITE . _L. r,a ; i i i i l 1 I 1 6. { i i Attachment 4 INVOLUNTARY ANNEXATION SCHEDULE: TRINITY MEADOWS, MESQUITE MEADOWS, do LVVFrS ADDITION RMwd AprAo-, rooo Saturday, April IOd' Notice published in Denton Record-Chronicle for first City Council public hearing. Tuesday, April 20d' City Council conducts public hearin¢. • Public notice must be no less than 10 days and no more than 20 days before public hearing. o Annexation Study prepared and available for public review. a Service Plan prepared and available for public review. Sunday, May 2nd Notice published In Denton Record-Chronicle for Planning and Zoning Comntiavion public hearing. Wednesday, May 120 Planning and Zoning Comielssion holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and the proposed zoning. • Public notice must be no less than t0 days before public hearing. Tuesday, May I Vh City Council conducts second public hearing. • Public notice must be no less than t0 days and no more than 20 days before public hearing. Friday, May 21 Notice published in Denton Record-Chronicle for second City Council public hearing. Tuesday, June 1" City Council by a four-fifths vote institutes annexation proceedings. First reading o annexation ordinance. Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sunday. June 6d' Publication of annexation ordinance In Denton Record-Chronicle. Tuesday, July 20'" City Council by a four-fifths vote takes final action. Sewn reading and adoption of the annexation ordinance. City Council considers approval of zoning request. • Council action must be more than 30 days after publication of ordinance and less than 90 days alter coancil institutes annexation proceedings. ~ r 7. t. . i D& 9 9 AGENDA INFORMATION SHEET AGENDA DATE; April 13,1999 DEPARTMENT: Industrial Pretreatment ACM: Howard Martin, 349-8232` SURJECTr Receive an update and give staff direction concerning the establishment of regulations regarding the installation of surface irrigation systems and drinking water wells within the City of Denton. BACKGROUND: Staff has prepared amendments to the City of Dcnlon Code of G:'inances to provide guidance for development of drinking water wells and installation of surface Irrigation sewage treatment systems and enforcement for noncompliance. These amendments are Included in Chapter 34, Land Development Procedures and Permit Regulations and in Chapter 26, which regulates Direct and Indirect Discharge Into Sanitary Wastewater System, Of particular Importance are restrictions, which limit the installation of surface irrigation systems to tracts of land with a minimum surface area of 13 acres, OPTIONS Failure to amend these ordinances could result in the installation of surface irrigation systems in I high-density subdivisions with the potential to pose health risks for residents and Increased liability for the City of Denton. RI-'CO:NIIENDATIONS: Staff recommends the timely adoption of the amendments so they will be in place before the approval of anticipated subdivision developments, ESTInIATEn SCHEDULE OF PROJECT: Chapter 34 must be reviewed and approved by the City of Denton Planning and Engineering Departments prior to approval by Council. It's possible that this ame tdment maybe codified by May I, 1999. A i t i f 1 IL. Chapter 16 must be reviewed by the City of Denton Legal Dept and then by TNRCC. TNRCC must approve the amendment because the changes result in a modification of the program implemented as authorized agent of the state to regulate the use of on-site sewage disposal systems in its jurisdiction. It is possible that this amendment may be codified by July 1, 1999, PRIORACTIO /REVIEW: The Public Utilities Board reviewed this item at their April 5, 1999 Public Utilities Board Meeting. FISCAL INFORMATION: f Site evaluations, plan review, installafon inspections and process compliance monitoring has been estimated to require 8-hr/permit process time. A 1997 projection of 200-300 requests for installation permits will require approximately 77% (1600 hrs) of the time currently dedicated to implementation of the NPDES pretreatment program. gilQ.INF RMATION: NA hw, NA Respectfully submitted: Al Coulter Assistant Director of Wastewater Prepared by: li e„~~ 7tI r ~I, t William P. McCulloug Environmental Services Coordinator Exhibit I: Proposed amendment to Chapter 34 of the City of Denton Code of Ordinances, ! /r S which regulates Land Development and the Regulation and Control of Alternative Water and Sewer Facilities. s Exhibit IL Proposed amendment to Chapter 26 of the City of Denton Code of Ordinances which regulates Direct and Indirect Discharge Into Sanitary Wastewater System to include Regulation and Control of On-Site Sewage Disposal Facilities. Exhibit III: General comparison of changes in Chapters 26 and 34 of City of Denton Code of Ordinances, Exhibit IV: Underlined sections of current (1993) Chapter 26 which address septic systems and abatement ofnu1-4wces. Exhibit V: Table of Contents of Proposed Amendment of Chapter 26 of the City of Denton Code of Ordinane -s. Exhibit VI: Table of Contents of Proposed Amendment of Chapter 34 of the City of Denton Code of Ordinances. Exhibit VII: Underlined sections of current Sec. 34119 which addresses Alternative Water and Sewer Facilities. Exhibit V111: Underlined sections of Proposed Amendment of Sec. 34-119 which addresses Alternative Water and Sewer Facilities. f 1 A Proposed Amendments to City of Denton Code of Ordinances Chapter 34, Division 3 ORDINANCE NO, AN ORDINANCE AMENDING ARTICLE M. DIVISION 3 ENTITLED LAND DEVELOPMENT PROCEDURES AND PERMIT REGULATIONS, OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO REQUIRED LPAPROVEMENTS AND GENERAL DESIGN STANDARDS, BY AMENDINO SECTION 34- 119 PROVIDING FOR THE REGULATION AND CONTROL OF ALTERNAT" WATER AND SEWER FACFLITIES; PROVIDING A PENALTY NOT TO EXCEED $2,000 FOR VIOLATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council finds the development of land In its jurisdiction, while beneficial for the citizens of Denton artd the entire county, must proceed as orderly, planned development to assure to the greatest extent possible the avoldartce of health and envirormental hazards; and WHEREAS, the City Council deems It necessary to approve amendments to Chapter 34, Article W, Division 3, Section 34-119 of the Code of Ordinances to provide for the health and ufety of the public, and to protect Its citizens by providing for proper aitemati-A water and sewer facilities, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION I, That Article M, Divisions "Land Development Procedures" Chapter 34 "Subdivisions and Land Development" of the Code of Ordinances Is bereby amended by Section 34-119 which shall read as follows: 34-119. Alternative Water and Sewer Fisd0dsa. All &veloptneots within the Jurisdiction. of the city shall be required to have approved water supply and sox.-NW sewer facilities and shall be required to connect to rho city faeilites Unless dtert,tive arras jemmu have been approved by the city wen Ring to the following Wintlerds and procedtres: (A) ALTERNATI[VE WATER SUPPLY. Developments may be approved with dternad-o water faciides only In accordance with the following standards and procedures. (1) Unlawful Aetio (a) it shall be unlawful for a person, firm, or corporation to drill a waterwell suppzying water for 4 EXHIBIT I i t i t human consumption or irrigation without acquiring a City of Denton Water Well Permit and to drill a waterwell without utilizing or becoming a licensed driller. A licensed driller is a person who holds a license from the Texas Department of Licensing and Regulation under applicable provisions of the Water4cll Drillers Ad, Chapter 32 of the Water Code. (b) It shall be unlawful for a person, fum, or corporation to drill a waterweli within the corporate limits or extraterritorial jurisdiction of the City of Denton that provides more than fihcen (15) service connections and utilizes the water for commercial safes or service to more than twenty-five (23) individuals after the effective date of this ordinance (c) Water systems developed prior to the effective date of this ordixi mot shall remain in hill compliance with Chapter 30 Texas Administrative Code (TAC), Chapter 28 and 32 of the Texas Water Code and all other applicable local, state, and federal laws. (d) It shall be unlawful for a person to instal or operate a well, which receives discharge of waste as defined in the Federal Resource Conservation and Recovery Act (RCRA) or the Toxic Substances Control Act (TSCA) or in violation of any other applicable local, slate, or federal laws In the corporate limits or extraterritorial jurisdiction of the City of Denton. (2) (knew jyell Crile& (a) Water Well Means a hole or shaft dug into the earth In order to obtain water from a l subterranean supply Including any artificial excavation constructed for the ptupoee of exploring for or producing ground water but excluding those typo of wells exchrded under the defunf lion of "water well" In section 32.001(15) of the Texas Water Code. (b) A licensed water well driller dull Instal all water wells within the corporate lintih and extraterritorial jurisdiction of the City of Denton (c) All waterwells in the corporate limits and extrsterritorW jurisdiction of the City of Denton shall be IrsWled In compliance with all rules and regulations promulgated by the State of Texu Including Cbapters 28 and 32 of the Texas Water Code and Chapter 30 of TAC. ` (3) yan We1t1LI (a) A well shall not be located In a floodway or a tkwdplain u those terms am defined in Section 30.3 of the City Code except u provided heroin A water well may be located in a 100-year flood plain; provided that the well when completed shall be installed with a wslertight sanitary well seal and steel casir; extending a minimum of 24 Inches above the known flood plain level. r (b) A well shall be located a minimum of SO feel from any watertight sewage or Gquid•waste collation facility, except in the ruse of monitoring wells which may be located where necessity dictates. 5 It r I i (c) A well shall be located a minimum distance of 150 feet from any concentrated source of contamination, except monitoring wells as that term is defined in Section 32.001 (11) of the Water Code which may be located in accordance with other applicable provisions of the law. t , i , (4) Water Wet4 pe i i AppjkAfi= (a) The property owner shall submit a water well application to the city of Denton Utility Department signed before a notary public or other person authorized to take oaths. 7*e Assistant City Manger of Utilities shall provide the water well application form. The water well application shall include the following material and any other relevant information required by the City of Denton Utility Department: (i) The applicants name and business address; (ii) The applicants permanent mailing address; (fii)A cost estimate of the water well installation; iv A certification that the cost to (1 connect to the City of Denton water system exceeds the initial capital cost of a waterwell. (v) A survey plat of the parcel of land. (A)A site plan which shall Indicate the location of the proposed water well, on-site sewage facility or any potential source of conunmation. (b) At the time of application, each applicant shall pay to the city a non•reftmdabte application fee of-dollars. (S) [mums of Water W141 Perrit Upon review of the opplia ion the Assbuot City Manager of Utilities shay lase a wawa well patnit arthorizing the drilling and use of a water WcU pw%=t to the Wm contained in the permit It shad] be unlawful for a person to vioWe the temu and coMdoes of a water wet) permit The water well permit shall be Issued to the record owner of the property where the well Is loafed. The water well permit can be hwuterred to a new owner upon We of the property with the approval of the Assistant City Manager of Utilities if the conditions under whlcb the permit was originally issued have not changed. A person Issued a water well permit shall operate the water well In accordance with the following general permit conditions: (a) The permittee shall not create moro than fifteen (IS) service connections to the water well and shall not serve more than twenty-five (25) individuals. L E (b) The pe,minee shall not sell the water produced from the water well (c) The permittee shall have a water quality test performed at the frequency prescribed in the water well permit. (d) The well driller shall submit a copy of the Water Well Report to the City of Denton upon completion of the water well. (6) Revocation of water welt p=it The Assistant City Manager of Utilities may, after notice and hearing, revoke or suspend a waterwell permit for a violation of any of the provisions of this section of the City Code. More revoking or suspending a permit, the pemtittee shall be given notice in writing of the alleged violation. The notice shall be made by registered mail to the last known business or permanent mailing address of the pem0ce and shall be given at least 10 days before the date set for the hearing. The pennittee may present relevant oral or written evidence at the hearing. (Ti) ALTERNATIVE SEWAGE FACILITIES (1 ) QrencW Criteria for On-Cite Sewage Facitii'm (a) On-Site Sewage Facilities: Means treatment devices and sewage disposal facilities that do not treat or dispose of more than 5,000 gallons of waste each day PM are used only for disposal of sewage produced on the legal tact where the system Is located. (b) On-site sewage facilities shall be permitted, installed and operated in accordance with the I' City of Denton Code of Ordirtartces (City Code), Article V, Chapter 26 and all other applicable local, afore, and fed*W regtiladors, The Assistant City Manager of Utilities nay approve on-site sewage facilities pursuant to the criteria ad father below, (2) On-Site Sewage FAeffily Permits (d 'be property owner shall submit a notarized application form for on mWw aewap beility to the Assistant City Manager of Utilities on form provided by the Aaetatut City Manager of Utilities. The applicant for an on-site sewage facility shall be the owner of reootd wbom the oa-site sewage facility is to be eotmwcted and shall provide the following information to the City of Denton (i) A notarized City of Denton application form wWning the applicants name, business address, and permanent mailing address, , (ii) A plvVdeslgn for an on-site sewage facility sUl be r prepared either by a Professional En&ecr or a Registered Saniurian. 'r i (iii)Affidavit of the results of a site evaluation prepared by a professional engineer or registered sanitarian that is certified as a site evaluator by the Texas Natural Resource Conservation Commission. (iv)Certification that no more than one residence, commercial or industrial facility will be connected to the on-site sewage facility. (v) A survey plat of the property where the on-site sewage facility is to be located. (vi) Compliance with the requirements of applicable sections of Clnpter 26 of the City Code. (b) Upon review of the on-site sewage facility application the Assistant City Manager of Utilities may issue a perrnit authorizing the applicant to commence the construction of an on-site sewage facility. Once the installation of the on-site sewage facility is approved the Assistant City Manager of Utifities may issue a permit to operate the on-site sewage facility. A;i on-site sewage facility permits shall be issued in accordance with Chapter 26, of the City Code. (3) i3ud Use; On-site sewage facilities utilised in developmens located on platted of unplatted legal tracts must be installed in accordance with the following requirements: (a) On-sRe sewage facilities shill not be located In a Goodplain or floodway as de sed in Chapter 30, Section 30.3 of the City of Dentoa Fiood Protectiom and Prevention Code, (b) InaWlations sh&H serve single residential structures only and shall be WWled in accordance with the following tend use criteria: 0) $HM[tM1Cltft g&EWiI" Platted or unplatted tracts of land shat! oomtain a mtnhnum wrfitoe era of 1.0 acre In addition to that whkh Is distilled as flood I&K within a right- of way or upon whkb a pool or lake is located. (ii). Platted or unplattad trade of tend shall contain a minlmturn surface are of LS acres in addition to that which is elassiBed as floodplairt, within a right-0t way, or upon which a pond or lake is located. (1) AcccpL=e of~g or Annexed Water or Sewer ystema. (t s (a) The City may accepr existing or annexed water or sewer systems for operation and. 8 t maintenance when the City s water and sew er lines are connected to such system, provided the system has been designed, constructed and operated in accordance with accepted industry and City standards and fully complies with all applicable laws and regulations. Such water and sewer systems shall be dedicated to the City at no cost. (b) Prior to such acceptance by the City of Denton, such water W sewer lines and facilities shall be inspected and evaluated as to standuds, adequacy, condition, etc. If water, sewer lines aced facilities are not according to City of Denton standards and applicable laws, the users of such systems will be assessed a prorata charge based upon cost-per-linear-foot for the upgrading, repairing, or installation of improved facilities associated with the system. (S.) c6nnectign to Santaly Sewer System Whenever the city sanitary sewer system is developed to within 200 feet in horizontal distance (measured on the closest practicable access route) of a building or residential unit, the owner of the building or residential unit shall cease to use the on-site sewage facility and connect the building or residential tuvt to the sanitary, sewer system, within thirty (30) days after written notice to do so from the Assistant City Manager of Utilities or their designee unless the owner can show by the City of Denton certification that their on-site sewage facility is functioning in a sound and safe manner. The owner shall be required to have the on-site sewage facility recertified by the City of Denton every two (2) years. No person may install or consbwt an on-site sewage facility when any part of the building or residential unit is to be within 200 fat in i trizontal distance (measured on the cloacae practicable access route) from an existing City of Denton sanitary sewer system, unlem one of the following has ban met: I. The person has received a written denial of sanitary sewer service from the City of Dvton, 2. The Assistant City Manager of Utilities c"fles in writing Out the topography of sttch prem)sa makes normal connection with the existing sanitary sewer service kwacdcal or impossible, (6.) (a) Any person proposing to develop or subdivide land for retWendal subdivislorA manufactured housing communities, multi-unit residential developments, business parks or other similar uses that utilize On-Site Sewage Facilities for sewage dispow ,hall submit an On-Site Sewage Facility Impact Plan to the City of Denton for review and approval concurrent with the land development and subdivision rtguladons contaireA in r this chapter. (b) The On-Site Sewage Facility Impact Plan shall include the following information: C' V Y a (i) A site plan of development drawn to state indicating the location of water wells, lakes, ponds, streams, and public access areas, (ii) A topographic map and 100-year noodplain map. (iii)A report indicating soil conditions, type of OSSF proposed rot use and the mumer of addressing OSSF replacement areas, (iv) the impact plan shall indicate the compatibility of the OSSF with area wide drainage and groundwater. (c) The City of Denton will provide a written response to the submitted On-Site Sewage Facility impact plan within 45 days of receipt. SECTJQN R That any person violating any provision:' of this ordinance shell upon conviction, be fined a sum not exceeding 52,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense, SECTION [It. That if any section, subsection, paragraph, sentence, clause, phrase, or word 4 in this ordinance, or application thereof to any person or circurnstances is held invalid by any court of competent puisdi,.tier, such holding shall not affect the validity of the remaining portions of this if ordinance, and the City Council of the City of Denton, Texas hereby declam it would hive enacted such remaining portions despite any such invalidity, SECTION [V. That this ordinance shall become effective fourteen (14) days 6om the due of its pmge and the City Screwy Is hereby directed to cause the caption of this cedimm to be 1 published twice in the Denies Retort Cltronick, a daily newspaper pubhoW In the City of Denton, Texas within ten (10) days of the due of its paspp. , I i ~ir~ F, I III 1 I 1 PASSED AND APPROVED MS DAY OF 1999. a JACK MILLER, MAY _ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY, APPROVED AS TO LEGAL FOAM: HERBERT L. PROUTY, CITY ATTORNEY BY: (LOrI* ow 1 N R,1Mq 1 I r j'Ir` 1 e, 1 r h ORDINANCE NO.- I AN ORDINANCE AMENDING ARTICLE V ENTITLED "DIRECT AND INDIRECT DISCHARGE INTO SANITARY WASTEWATER SYSTEM" OF CHAPTER 26 OF THE ~ CODE OF ORDINANCES OF THE CITY OF DEMON, TEXAS, RELATING ',0 "UTILITIES" BY REPEALING THE DEFMTION OF SEPTIC SYSTEM (ON-SITE SEWAGE FACILITY) IN SECTION 26-153, REPEALING SECTION 26-172 AND SECTION 26.177 AND ADOPTING NEW SECTIONS 26.210 THROUGH 16-231; PROVIDING FOR THE REGULATION AND CONTROL OF ON-SITE SEWAGE DISPOSAL FACILITIES INCLUDING STATE OF TEXAS ON-SITE SEWAGE FACILITY RULES "DES GN CRITERIA FOR ON-SITE SEWAGE FACILITIES" AND ADMINISTRATIVE RULES 30 TAC 285.1.285.91, AS PROMULGATED BY THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION OR ANY SUCCESSOR AGENCY; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000 FOR VIOLATIONS OF THIS ORDINANCE; PROVIDING THAT EACH DAY A SECTION OF THIS ORDINANCE 1S VIOLATED SHALL BE A SEPARATE OFFENSE; PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Texas Natural Resource Conservation Commission has establisbed Design Criteria for on-site sewage facilities to provide the citizens of this state with adequate public health protection; and WHEREAS, the Legislature has enacted legislation, codified as Texas Health and Safety Code, Chapter 366, which authorizes a local government to regulate the use of o"te sewage disposal facilities in its jurisdiction in order to abate or prevent pottution, of injury to public health arising out of the use of on-site sewage facilities; and WHEREAS, Section 26-172 of City of Denton ordinance No. 93.112 relating to the disposal of wastewater using septic systems (on-site sewage facilities) does not adequately conform to the current On-Site Sewage Facility rules and standuds adopted by the Texan Natural Resource Ccolervason Commission. WHEREAS, The City of Denton has held a public herring to coosider the proposed amendmenU to Article V of the Utilities Chapter of the Code of Ordinances on WHEREAS, The City Council of the City of Denton, Texas finds that the use of on-site sewage facilities in the City of Denton, Texas Is causing or may cause pollution and is injuring or may inj ure the public health; and WHEREAS, The City Council of the City of Denton, Texas Ends the proposed . amendments to Chapter 26 of the Code of Ordinances to be reasonably related to the City's desire to revise its ordinances, to insure the heahh, safety and general welfare that its citizens are protected to the greatest extent possible, NOW, THEREFORE, EXHIBIT 11 t 1 THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That Chapter 26 of the Code of Ordinances titled "Utilities" is hereby amended by repealing the follow ing sections or portions of sections: (1) The definition of Septic System (On-Site Sewage facility) in Section 2E-153 shall be repealed, (2) Section 26.172 shall be repealed. (3) Section 26-177 shall be repealed. SECTION- That Chapter 26 of the Code of Ordinances is hereby amended by adopting Division 5.ONSITE SEWAGE FACILITIES including Sections 26.210 through 26-231. I 26.210. Purpose. I The purpose of this division is to regulate and control on-site sewage disposal facilities and practices within the city so as to protect the health, welfare and propertyof its citizens and to ensure that all on-site sewage disposal facilities and practices are in compliance with state laws, miles and regulati ons. It shall be urdawful for a person to violate any provision of this Article. i i 26-211. Authority to adopt On-Site Sewage Facility Rules, The City of Denton, Texas clearly understands the technical criteria, legal requirements, sod administrative prooodures and duties associated with reguhuing oo-site sewage facili6es do adopt and will fully enforce Chapter 366 of the Texas Health and Safety Code. These Oa-Site Sewage Facility Rules are adopted by the City Council of the City of Denton, Texas, acting in its capacity, as the governing body of the City of Denton, Texas. The City of Denton, Texas adapts that On. Site Sewage Facility Rules (hereinafter called Chapter 3661 save and except etch portions of Chapter 366 as are beteirtaAer deleted, modified, or amended by this Onliaaoce. Chapter 366 Is adopted under the authority of the Texas Health sad Safety Code, A copy of CLspter 366 of the Texas Health and Safety Code is now filed with the City Secretary and is bereby adopted and incorporated"as if eel out at length herein„ and fiven the date this ordinance shall take elreck the provisions mereot shall be controlling within the limits of the City of Denton except the portions of Chapter 366 which are specially deleted, modified, or amended by this ordinance. 26-212. Adoption of OoSke Sewage Facility Rules. The On-Site Sewage Facility Rules, bereinaRer called the MI CC Rules, and all future amendments or revisions promulgated by the Texas Natural Resource Conservation Commission or any successor agency are adopted by reference save and except such portions of the TNRCC Rules as aft hereinaflef deleted, modified, or amended by this Ordinance, and all C.ty of Denton officisls and employees under said Rules are suthcrized to perform such duties as rtquited of them under said Rules. On-site sewage facility design criteria and all future snsendments and revisions thereto are incorporated by refertrtce and are thus made a part of these Rules. A copy of the OSSF Rules of the Texas Natural Resource Conservation Commission is cow filed with the City Secretary std 13 t I ~ R is hereby adopted and incorporated fully as if set out at length herein, and from the date this ordinance shall take effect, the provisions thereof shall be controlling with the limits of the city of Denton except the portions which are specificallydeleted, modified, or amended by this Ordinance. A copy of the current Design Criteria is attached to these Rules as Appendix 1. (1) The local permitting authority shall within the purpose of these Rules, resolve any question regarding any interpretation of these Rules. i 26213. Area of Jurisdiction. The On-Site Sewage Facility Rules adopted by the Ci t of Denton shall apply to all incorporated areas of the City of Denton, Texas. Any structure dischaging sewage into an on-site sewage facility within the jurisdictional area of the City of Denton, Texas shall comply with the Rules adopted in Article V of this Ordinance. 26211. Definitions. Abandoaed Took - Means a tank that is not used or is prohibited for use by the City of Denton. Aerobic Digestion - Means the bacteria! decomposition and stabilization of sewage in the presence of five oxygen. Aerobic Treatment Plant - Means a proprietary treatment system which stabilizes sewage by seroble digestion. Aoserobk Digestion - Means the bacterial decompositi,n and stabilization of sewage in the abserre of free oxygen Asslowt City Mnager of UdUtko - Means the chief executive officer of the city of Denton Department of Utilities. Aatborlsed Agent - Meano a local governmental entity authorized by the Texas Natural Reaource Conservation Coomniasion to implement and a& m Chapter 366, Texas Heahh and Safely Code. l Bedrock - Means a cootinuous horizontal layer of hardened mineral deposits that do rot mWd ! growth of common plant life. Biochemical Oxyges Demand (BOD) - Means the quantity of oxygen utilized in the blochemkal oxidation of organic matter under standard laboratory procedwe in rive days at twenty degrees Celsius, expressed in milligrams per titer. Building - Means any structure used or intended for supporting or sheltering any use or occupancy. Cesspool • Means s non-watertight, covered receptacle intended for the receipt std partial treatment of domestic sewage. This devke is constructed such that its sidewalls W bottom are opeo-jointad to allow the grsdual discharge of iiquids while retaining the solids fot onseroble decomposition. 14 l I Cbemlcal - Means a substance that insufficient quantity could have & biotoxic effect on OSSFs. Cblorine Residual - Means the total amount of chlorine (combined and free available chiurine) remaining in water, wastewater or sewage at the end of a specified contact period following chlorination. Cluster System - Means an on-site sewage collection, treatment, and disposal system designed to serve two or more sewage-generating units located on separate legal tracts where the total combined fl,rw from all units does not exceed 5,000 gallons per day. Commercial Froperty • Means income producing property which provides the owner of the property with cons sensation. Composite Sample - Means a sample that is collected over time, formed either by continuous smipling or by mixing discrete samples. T'he sample may be composite either as a time composite samp!c: composed of discrete sample aliquots collected in one container at constant time intervals providing representative samples irrespective of stream flow; or as a flow proportional composite sample: collected either as a constant sample volume at time intervals proportional to stream flow, or collected by increasing the volume of each aliquot as the flow lacreasea while maintaining a constant time interval between the aliquot Construction Permit - Means a written authorization issued by the permitting authority to install, construct, alter, extend, or repair, an OSSF pursuant to the terms contained in the permit. The construction permit shall be issued to the owner of record of the property where the on-site sewage fadlfty shall be constructed and the property ownr d" be referred to in the permit an the pesmittee. Dally Maximam Umlt - Mears the maximum allowable discbsrp of it pollutant during a calendar day. The daily discharge is the arithmetic avenge measurement of the pollutant oooowtration derived from all measurements taken that day, Designated Repraatad" • Mean an Wividad who holds a valid oertifc* with the T" j Nat" C "sevation Qxamissioo and is designated by the authorized agent or the Asaistaot City Managr, of Utilities to abate pollution canditiooa, mare site evaluations, percotadon t* system evahrations, and inspections subject to the authorized aWs approval. Dbiafectiots - Maas the killing of pathogenic microbes on or in a material without neceasrily sterilizing the material. Drain field - Means the tern applied to a oomponent of an on-site sewage facility, whlcb receives ' sewage from a septic tank or other sewage treatment wit and serves as either a surface or ; subsurface sewage disposal area r r - Drip Irrigation - Means a sewage disposal sydem which tau sewage using in approved aerobic treatment unit and disposing of the swage using small diameter pressurized lines directly buried in the soil. I 15 ~I J s, i Emergency Repair • Means a repair made to an OSSF to abate a serious and dangerous nuisance condition without altering the OSSF•s planned function. Notification must be given to the permitting authority within 72 hours of when the emergency repairs begins. Effluent -.Means sewage, wastewatcr, or other liquid, partially or completely treated flowing out of a reservoir, basin, or treatment plant. Environmental Appeals Committee - A committee appointed by the City Manager which is composed of three (3) individuals not in the Chain of Command of the Assistant City Manager of Utilities. Floodplaln - Means the area outsile the floodway which is still subject to inundation by the regulatory Flood. Floodway - Means a river, channel or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Normally, the floodway will include the stream channel and that Fnrtion of the adjacent land areas required to pass the base flood (one-hundred-year flood) discharge without cumulatively increasing the water surface elevation at any point more than one (1) foot above that of the pre-floodway condition, including those designated on the flood insursrmee rate map. Grease Interceptor - Means floatation chambers where grease floats to the water surface and is retr:'ned while the cleans water urtdemeath is diwharged. A grove interceptor does no have j moving n •.chWcal parts and its operWofW characteristics arc similar to a septic tank l Greywater • Means wastewater from cWn washing machines, , bow ors, bathtubs, hardwashing lavatories, and sinks ant used for the disposal of hazardous or tonic ingredients or waste from food preparations. Groaodwater - Means subsurface wata that occurs beoarh the water table in soils and geologic formation: that are fully saturated either yew-round or on a sasond or intermittent basin. Hardness (water) - Means primarily the presence in water of calcium bicarbonate, magnesium bicarbonate, calcium sulfate (gypsums magnesium sulfite (Epsom sates), c&Mwn chloride, and magnesium chloride in solution. Holding Tank - Means a watertight container equipped with a high-level alarm used to receive sad store sewage pending its delivery to, and treatment st, an approved treatment facility. ibis type of r facility is generally intended for Interim use, if and when approved by the local permitting authority. Installer - Means a person who bolds a valid certiflcate with the TNRCC and is compensated by anotha to perform services, construct, insW1, alter, or repair an OSSF. Influent - Means sewage, wastewater or other bouid that has not been partially or completely 16 t treated flowing into a reservoir, basin, or treatment pla,a. Leschlog Chambers • Means bottomless chambers which are installed in a drainfieid excavation uith the open bottom of the chamber in direct contact with the excavation. The Chambers are linked together in such a manner as to completely cover the excavation with adjacent chambers in contact with each other. Maintenance • Means the normal or routine upkeep, cleaning, or mechanical adjustments to An 4SSF. Maintenance Company • Means a person in the business of maintaining 4SSF,. Al least one individual in the company must hold an installer 0 certi6cate or a Class D or higher wastewater operator certificate and bt certified by the appropriate manufaciurees maintenance program for the propri etary unit being maintained, f mg/L • Means milligrams per liter, Meld-Unit Development • Means commercial property having two or m>re buildings or commercial operations located on a single legal tract that provides the owner of the property with ;omperua60n. Natural SoU • Means earthen materials deposited into place by nasal processes and not disturbed t by artificial processes. Normal Streogdr W"Uwaler • Means untreated wastewater influent of a daily aver 3e concentration of leas dm 300 mglL of Carbooaceou Biochera al Oxygen Demand (CBOD) and 350 mglL of Total Suspended Solids (TSS). Nobute • Means but is not limited to all sewage, buman extxets, wastewater, or other organic wastes deposited, slored, discharged or exposed in su% a way as to be a potwU Uuhvmeot a medium in the transmission of disease to or between any person or persom. Oz4fte Sewage Foelffty (OSSF) . Menu Oct or more rj*wu of treatment devices and dispaat 1 (induces the a. does not produce mm than 5000 gallons of sewage esch day. b. are used only for disposal of sewage produced on the site where the 4SSF is located. c, does not discharge untreated, partially treated or treated efllueet into the water of the United States without the issuance of a National Pollution Discharge Urnhtation System (NPDES) permit that has been duly issued and is cumontly valid for such discharge. J d. Receives wastewater of normal strmo or which has risen pretreated to normal strength or utilizes a TNRCC approved wastewater treatment unit capable of crating wastewater, which exceeds that of normal strmgth wastewater. 17 c Operating Permit - Means a written authorizztion issued by the permitting authority to operate an OSSF pursuant to the terms contained in the permit. The operating permit shall be issued to the owner of record of the property where the on-site sewage facility shall be operated and the property owner shall be referred to in the permit as the perrnittee. Owner - Means a person who owns an OSSF. Permit - Mears a written authorization, issued by the permitting authority, to install, construct, alter, extend, repair, or operate an OSSF. The permit consists of the authorization to construct (including the approved planning materials) and the permit to operate an OSSF. Permittee - Means a person who has been issued a permit to construct or operate an on-site sewage facility by the permitting authority. Permitting Authority - Means the unit of city government that has been designated by the city council to have the duties and powers to administer and enforce State and local on-site sewage facility rules and standards. Person - Means any individual, partnership, co-partnership, firth, company, corporation, association, joint stock company, trust, estate, goverment entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine and the singular sh tll include the plural except as otherwise indicated by the context. pH - Means a measure of the relative concentration of hydrogen ions in a solution; this value indicates the acidity or alkalinity of the solution. It is calculated as the negative, logarithm of the hydrogen ion concentration in moles per liter. Planalag Material • Means plans and other supporting materials submitted to the permitting authority for the purpose of obtaining a permit to construct and operate an OSSF. Platted Property • Means subdivided property recorded with the City of Denton in an official ptu record. Preb hunt Tank • Mesas a tank placed ahead oh treatment unit riot fitmcctions as an interceptor for materials such as plastics, ciothieg, hair, and grease that are potentially harmful to treat mmertt unit components. Proprietary System - Means an OSSF in which all or part of the treatment or disposal process is owned by a person and has a registered trademark or patent or utilizes a tradenanme or trademarL r Residential Property - Mears property that does not produce an income, characitr'tzed as a place of abode, suitable for residences or homes. r Restricdve Horizon - Means a layer of soil profile with a significant observable change in density, clay content, or particle size which restricts the vertiW movement of water, Right-of pay - Means a strip of land occupied or intxJW to be occupied by a greet, crosswalk, 18 i ~I railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or for Another special use as defined in Chapter 34 of the Code of Ordinances. OSSF Rules - "Design Criteria for On-Site Sewage Facilities" and Administrative Rules 30 TAC 285.1 - 285.91 promulgated by Texas Natural Resource Conservation Commission (TNRCC) and any other standards or rules adopted by the City of Denton pursuant to Article V of the Code of Ordinances of the City of Denton Seepage Pit - Means an unlined covered excavation in the ground which operates in essentially the same manner as a cesspool. Septle Tank - Means a watenight covered receptacle constructed to receive, store, and provide treatment to domestic sewage. Its function is to separate solids from the liquid, digest organic matter under anaerobic conditions, store the digested solids through a period of detention, and allow the clarified liquid to be disposed of by an approved method. Sewage - Means waste that: (1) is primarily organic and biodegradable or decomposable, (2) usually originates as human, animal, or plant waste from certain activities, including the use of toilet facilities, washing, bathing, and preparing food Sewage Disposal Plao - Means a technical report prepared by either a registered professional engineer or registered sanitarian having demonstrated expertise in on-site sewage disposal planning. The plan must include, but is not limited to the location of structures, emements, wells, treatment units and disposal areas. Slagle Family Dwelling - Means a habitable structure constructed on or brought to its site and occupied by members of one family. The size of the single family dwelling is the product of the length multiplied by the width of the dwelling. Single Crab Sample - Mans one sample which Is taken flom a wastestmam or effluent without regard to 'he flow in the wastestre m and ova a period of time not to exceed 24 hours. Site Evaluator - Means an individual who holds a valid certificate with the Texas Natural Resource Conservation Commission and visits a site and conducts a pre-oons4ut,tioo site evaluation which includes performing soil analysis, a site Canvey, and other criteria necessary to determine the suitability of a site for a speac OSSF. Soil • Means the unconsohdaOd mineral material on the $&see of the earth that serves as a natural medium for the growth of plan's. i F Standard Dimension Ratio (SDR) - Means the ratio of wall thickness of the pipe to the inside ' diameter of the pipe. i Standard Methods - Means the latest edition of Standard Methods for the 'rxunination of Water and Wasiewmer, prepared and pub8shed jointly by the American Public Health Association, t' American Water Works Association and the Water Pollution Control Federation. Subsurface Sewage Facility • Means a subsurface method for the disposal of partially treated sewage which relies on the (soil's ability to absorb moisture and allow its) dispersal of moisture by lateral and vertical movement through and between individual soil particles. Subdivision • Means a division of a tract of property into two or more parts either by Planing or field notes with meets and bounds, and transferred by deed or contract for deed. Substantial biodifiation • Means a repair, extension, or other modification of an QSSF by increasing the site or capacity oft septic tank. treatment unit or drainfield. Surface Irrigation Sewage Facility • Mears a sewage disposal system which treats sewage using an approved aerobic treatment unit, followed by disinfecting the sewage effluent using chlorine, ozone or ultra-violet light, and disposing of the sewage effluent onto the ground surface by spray irrigation. Total Suspended Solids • Means solids that eith -t float on the surface of or an in suspension in water, wastewater or other liquids and which are removable by acceptable laboratory procedures as set forth in standard methods. TNRCC • Means the Texas Natural Resource Conservation Conunission or any of its successor agencies. Uniform Gravel Sin - Means gravel to be used in AwAard absorption draingetds that bra been processed through shaker scre ata to produce a site passing one size tenon and retained on mother. The smaller screen shall be a least SO% of the size of the Luger screen. 2621 S. Powers and Duties. The City of Denton's Water Utitities Depurtreent Is decigeated by the City Council of Denton, Texu to be the local pamitdag autborhy for these Rules and shall have the duty and powers to administer and enforce these Rules. The Water UtiGtiea Deputneat dull have the following, duties sad powers: (1) To enforce these Rules when noncompliance has bees oommitted. (2) To issue all on-site sewage facility permits to construct or operate any on-site sewage facility. r (3) To inspect all on-site sewage facilities when requested or required. (4) To set and collect all reasonable and necessary tea to recover cmu ine arred in meeting the requirements of these Rules. (S) To perform all other duties necessary to meet the regWrerneab of these Ruks. 20 Section 26-216. Establishing Fee Rites and Collection Of Fees. The Assistant City Mo.nag-r of Utilities shall set fee rates for all On-Site Sewage Facility pamita ;sued by the City of Denton. The City of Denton Water Utility Department shall assess and collect all fees for On-Site Sewage Facility permitting activities. Section 26-217. Procedures for abatement of violations. (a) Notice and Order: Whenever the Assistant City Manager of Utilities or his designee has determined that any person has violated any provision of this article or that such viotation is continuing or reoccurring, he may, issue a notice and order directing that such violation be costal. The notice a-A order shall be in writing and shall state 1. The nature of the violation and the provision of this article which has been violated; 2. The corrective action that must be taken to cost or abate the violation; 3. The violation slWI be corrected within 15 calendar days Gom receipt of the notice and order. 4. That the person to whom the notice and orde: is issued may file an appeal of the notice and order with the environmentat appeals committee. The written appal must be filed with the established 6ting fee with the Anistant City Manager of Utilities within ten (10) calendar days fmm receipt of the notice sod order; S. That failure to comply with the notice and order and faihue to fife a timely appead tray resuh in either: criminal charges being filed in a municipal court, a citation being issued to the person named in the notice and order to appear to municipal court or termination of water service st the location whore the OSSF Is crea>mg a nuisance. (b) Service of notice and order: A notice and order inued under this article shall be in writing and served in person or by registered or certifi:•d mail to the owner of the OSSF, user of the OSSF or other persons determined to be responsible for stxh viota6m (c) Appealit The o%Tfer of the OSSF may appeal the notice and order of the Assistant City Manager of Utilities or his design" by filing a "Men notice of appeal with the Assistant City Manager of Utilities on forms provided by the Assistant City Manager of Utilities and by paying a f ling fee established by the city council and on file in the office of the city secretary. Stab notice of appeal shall be filed and filing ke paid within ten (10) calendar days from receipt of the notice and order. (d) Enforcemect actdoa: [f no timely appeal and filing fee are filed, the Assistant City Manager of Utilities or his designee may, if a violation of any provision of this article is occurring, continuing 21 I ~I I or reoccurring, file criminal or civil charges in a court of competent jurisdiction on the person or persons violating any provision of this article, or may issue a citation for the person or persons etiolating any provision of this article to appear in municipal court. (e) Venue procedure: Criminal prosecution for an alleged violation under this section is in the City of Denton Municipal Court. A suit for injunctive relief and penalty may be brought in a court of competent jurisdiction either in the county in which the defendant resides or in the county in which the alleged violation occurs, I (f) Suspension of service: if no timely appeal and filing fee are filed, the Assistant City Manager of Utilities may, suspend water service at the location where the OSSF is creating a nuisance or endangering the public health. (g) Notice of suspensions As soon as is practicable the Assistant City Manager of Utilities or his designee shall notify the owner, user or person responsible for the OSSF of the suspension of water service, The Assistant City Manager of Utilities or his designee shall order such person responsible for the OSSF to cease the operation of the OSSF in a manner, which is creating a nuisance or endangering the public health. I (h) Reinstating senices The Assistant City Manager of Utilities shall reinstate suspended water service to the owner, user or person responsible for an OSSF that creates a nuisance or endangers i the public health when: I (1) Upon proof by such person that tha OSSF is no longer creating a nuisance or endangering the public health. (1) Right to hearing: A person whose water service has been suspended under this section may r apply to the departsneet, which suspended tha service for a hearing on the issue of the suspension. The hearing shall be conducted in accordance with Section 26.218 of thia article. Soaks 26•!18. Appeals Any person aggrieved by an action or deddon of use Assistant City MWftw of Utilities or his designee may file in the office of the Assistant City Manages of Uthd%tut appeal to the action at decision within 10 calendar days of receipt of a notice and order. An environmental appeals committee is hereby established and authorised to hear and deci<:e appeals from any person aggrieved by an action or decision of the permitting authority. The committee shall be composed of three mernbas appointed by the City Manager. No individual appointed to the committee shall be employed in the chain of cotnmand of the Assistant City Manager of Utilities. The committee may call and hold hearings, administa oaths, receive evidence at the hearing, and . i make findings of fact and decisions with respect to administering its powers in this chaplet. The committee shall determine if there N substantial evidence to atrpport the pwrnitting authority's action or decision. The decision shall be in "OM and contain findings of fact. Ile committee 24 I I k shall affirm, reverse, or modify the action or decision of the Assistant City Manager of Utilities or his designee. A copy of the decision shall be delivered to the appellant or person to whom the action or decision is directed and shall be sent to them by regivered or certified mail. 26.219. Connectlon to sanltary sewer a) stem. Whenever the city sanitary sewer system is developed to within 200 fat in horizontal distance (measured on the closest practicable access route) of a building 4r residential unit, the owner of the building or residential unit shall cease to use the on-site sewage facility and connect the building or residential unit to the sanitary sewer system, within thirty (30) days &Per written notice to do so from the Assistant City Manager of Utilities or their designee unim the oww can show by City of Denton certification that their on-site sewage facility Is functioning In a sound and safe mmaer. The owner shall be required to have the on-site sewage facility recertified by the City of Denton every two (2) years. bio person may install or construct an on-site sewage facility when any part of the building or residential unit is to be within 200 fat in horizontal distance (measured on the closest practicable access route) from an existing City of Denton sanitary sewer system, unless one of the following has been met; 1. The person has received a written denial of sanitary sewer service from the City of Denton. 2. The Assistant City Manager of Utilities certifies in writing that the topography of such premises makes normal connection with the existing amatory sewer service impractical or impossible. 26.220. Rl;ht to Inspect The Assistant City Manager of Utilities or tbdr designee atlas proper lder,S&adon shall be permitted to enter upon any tract of leer.! at any time for the purpose of inspecting an oo-sile awye facility to determine oomphanoe with than nda. The Assistant'City Manager of Utilitia at his designee'sUl bc permitted to collect samples loom the on-site sewage fluty. 26221. Lawful Sewage Dlaoharges. After the effective date of this ordinance the following typo of sewage diacbarges shall be lawful; 1. Sewage discharged into as organized disposal system operating under it valid National Pollution Discharge Elimination Sy*m permil isated by the United States Envirow=W Protection Agency or the Texas Natural Resource Conservation Commission 2. Sewage discharged into an on-site uwspe fmility designed, iatWed, pemt tI4 operated, and maintained is aocordartoe wEa these Ruin. 3. Mstittg on-site rubsurface at surface irtigadort sewage f1seW eo In use on the 23 effective date of these Rules are not required to have an OSSF operating permit, prodded the OSSF is not causing pollution, a threat to the public health, or a nuisance, or has not been substantially modified. 26-227. Abatement of nuisances Any and all of the following conditions are hereby specifically declared to be nuisances dangerous to the public health and enkironment. Any person possessing any place in or on which there is a nuisance shall as soon as its presence comes to his knowledge pro,eed at once to abate the nuisance. (a) It shall be unlawful to deposit, store, discharge, or expose sewage, human excreta, wastewater, or other organic wastes in such a way as to create a potential instrument or medium in the transmission of disease to or between any per an or persons. (b) It shall be unlawful to transport human excreta, or other organic material in any vehicle or container that is defective and allows leakage or spillage of contents. (c) It shall be unlawful to discharge sewage onto the ground surface from an overflowing septic tank or a component of an OSSF. (d) It shall be unlawful to create or allow to continue an offensive odor by sewage effluent from an OSSR (e) It shall be unlawful for sewage or other organic waste to drain or discharge into a drainage easement, creek, dver, lake, or into a body of water unless it National Pollution Discharge Elimination System (NPDES) permit has been duly issued and is cunvotly valid for Such discharge. It shall be Wawfitl for a persort to use Wecdon wells, drilled or ruttual boles, pit privies, or cesspools to dispose of sewage. 26223, Os-Slte Sewage FacWty Costntrstedoss and Opem&j Permit regdreanessh. A person mum teams a pamii to constnnct or WWI to oo-tilt sewage facility regardless of the size of the tract of land. This ordinance shalt repeal to 10-sm exemption found in Section 366.432 of the Texas Health and Safety Code. (a) it shall be unlawful for a person to oornmeme construction, installation of, or a Substantial modification to an on-tile sewage facility without possessing a permit issued from the City of Denton authorizing the construction of an on-site wwage facility. An emergency repair may be made to an OSSF in accordance with the providons in the On-Site Sewage Facility Rules adopted by the Texas Natural Resource Conservation Commission (b) It shall be unlawful for a person to violate any provision of a City of Denton OSSF Operating Parnit or to operate an on-site sewage facility without possessing a permit issued from the City of Denton authorizing the opendon of an on-site Sewage facility after approval of construction and satisfactory completion of the oo-she sewage Wt,, 24 i 26224. Permit to Construct an On•Sitc Sewage Facifity. The owner of record of the legal tract of land upon which the proposed OSSF is to be located shall submit a notarized application for an On-Site Sewage Facility Construction Permit on fors prodded by the permitting authority. Upon review of the application and evidence, the Assistant CityManager of Utilities may issue an on•si:e sewage facility construction permit, (a) An applicant for an OSSF construction permit shall provide the following htwnaton: 1. Site evaluation and soil analysis performed by a site evaluator currently registered with the Texas Natural Resource Conservation Commission. At the discretion of the City of Denton a soil percolation test may be required. The experience of the City of Denton shall take precedence over the results of site evaluation or soil mnalysis. 2. Survey plat of the tract of land where the proposed OSSF is located. The survey plat shall comply with all of the criteria contained in City of Denton Code of Ordinances Chapter 34, Article 1 3. An on-site sew±ge facility plan or technical report shall outline all components of the planning and operation of the on-site sewage facility. The plan or technical report shall be prepared by either a professional engineer or a registered sanitarian. 4. Pay the required permit fee. 3. Submit a completed application form. 6. All site plena shall be drawn to scale indicating all of the oxetaay components of an on-site sewage facility. The site plan must denwoslrate that the OSSF um be installed meeting all the requirements of this Amick and OSSF Rides promulgated by the Texas Natural Resource Conservation Comrniniou. 7. The city o r Denton may request a review of dm OSSF plan by the Texas Natural Resource Consavstion CommWitn prig to do lauaoee of at OSSF ocia*w1on pmnit. 8. Any additional information that the City of Denton. may require. (b) The completed app6estion and all additiorul information submitted sha11 not contain any false information or conceal any material facts and shall be swore to and notarized. (c) Within a thirty (30) day: after an appL'unt bas sled an application smd all aeeetsvy ptaruming material, the City of Denton shall nuke a liming on the Issuance of a construction pemtit, on ate basis of submitted information and any additional inforustion that may be required, the City of Denton may: 1. Tom, to the property owner, a permit to construct so oo-site sewage Wly. zy 2. Notify the applicant in writing within (10) ten days of the reasons for denying the issuance ofa permit. (d) A construction permit shall expire one year from the date of issuance unless construction of the OSSF has been completed and approved. An expired permit may be reissued provided the conditions tinder which the permit was originally issued have not changed A fee will be charged to defray the cost of re-issuance, When a permil has expired and the original condition have changed a new application and planning material must be submitted, A fee shall be charge for the new permit application. 16.225. Permit to Operate an On-Site Sewage Facility. (a) It shall be unlawful to bury or operate an on-site sewage facility without prior inspection and approval by the City of Denton: (b) The installer shall notify the City of Denton at least forty-eight (48) hours in advance to schedule an inspection, excluding weekends and holidays. (c) The applicant or installer shall provide whatever reasonable assistance the City of Denton requests in order to make the inspection of the on-site sewage facility. (d) On the basis of the Worna6on obtained from the inspection and any other information available to the City of Denton, the Assistant City Manager of Utilities shall make a finding to either issue or not issue an OSSF Operating Permit within S worldng days a &x the inspection of the on-site sewage facility, 1. Upon a finding that the use of the on-site sewage facility will not cause pollution, endanger the public health, or create a nuisance oondition and is not in conflict with these Rules and upon payment of the appropriate fees, an On-Site Sewage Facility Operating Permit shall be issued to the owner of the property when the On-Site Sewage Faality is located 2. Upon a finding dust an on-site sewage facility operating permit cartrat be issued, the perotitting authority shall so ratify the applicant in writing within five (S) working days of that finding and shall include the reasons for denying the issuance of a on-site sewage operating permit. (e) An On-Site Sewage Facility Operating Permit issued under the authority of Nit Ordinance shall be for an indefinite period and shall be transferred to a succeeding owner. Upon the request of the 0 ` new owner, the pemitting authority shall transfer the operating pemtit to that new owner, provided the on-site sewage facility has not been substantially modified, 26.226. Land use requirements. On-site sewage facilities shall not be loWad in drainage ways or in arena susceptible to flooding. 26 i I w Installations shall serve single residential structures only and shalt be installed in sc~ordance with the following land use criteria: (p) Subsurfue Sewage Faeitides. Platted of unplatted tracts of land served by a public or private water system shall contains a minimum sudaee area of I.o acre in addition to that which Is classified as flood plain, within a right-of-way or upon which a pond, lake, or drainage eAsament Is located. (b) Platted or unplatted tracts of land served by a public or private water supply shall contain a minimum surface area of 1.5 acres in addition to that which is classified as flood plain, within a rightof•wsy, or upon which a pond, lake, or drainage easement Is located 1 ire : 27 c' 26 -227. Surface Irrlgatiou efllueat Ilmlladoas. It shall be unlawful to discharge effluent ftm a sruface irrigation sewage facility exceeding the limits listed below: l~ ACCEPTABLE EFFLUENT LUIS PARAMETER 30 DA 7 UAI~ D SNINGET- AVERAGE AVERAGE MAXIMUM GRAB Bloc cal I j OXYga 20 30 45 Demand 65 (BOD (m ) I Total Suspended 20 30 45 Solids 65 (TSS) (mg/`L) Residual Chlorine 1.0 1.0 1.0 1.0 m Fee Colilorm ::20:0 (N1100w) r j I C r i f 1 28 . i 2&228. Surface Irrigation Facility Analysis and Reporting Requirements. In accordance with the following SCHEDULE OF REQUIRED FREQUENCY OF ANALYSIS A.`'D REPORTING, It shall be unlawful for a perminee to fail to submit to the City of Dentor, the results of the analysis of effluent for either the residual chlorine or fecal coliform concen"tion or BOD and TSS concentration. Substitution of either residual chlorine or fecal colifonn concentration is acceptable as monthly compliance reporting for residential property only. (see Table) SCHEDULE OF REQUIRED FREQUENCY OF ANALYSIS AND REPORTING LOT SIZE DOD?SS RESIDUAL FECAL CHLORINE COLIFORMS RESIDENTP PROPERTY •••4X/year 6X/year 6X/year LESS THAN or permit specific or permit specific or permit specific 2 ACRES, RESIDENTIAL PROPERTY None 6Mear 6X/year GREATER THAN 2 or permit specific or permit specific ACRES COMMERCIAL 4X/year 6X/year 6X/yeu PROPERTY or permit specific or permit specific orperrnit specific ~J 26-214. Maintenance Requirements for Aeroble Treatment Plant It dudl be unlawful for a property owner to operate an aerobic treatment plant without posswing a valid maintenance contract with a maiotatanee company as defined in Section 26.214, It shall be unlawful for a property owner to fait to comply with all irupecdons provided for in a msinten&w r,onb ct The Initial maintenance contract shall eatasd for a minimum of two yam A on of tie elped mahtenance towract between the property owner wad the mahtetaante company shall be pro%4dtd to the permittlag nthortty prior to Anal perraEt approval The property owner shall continue the annual renewal of a valid maintensece contract with an 4vroved maintenance company in compliance with the requirements of the operating permit A copy of the current maintenance contract must be submitted to the permitting authority, at the time of renewal. A maintenance contract shall be required for any on-site sewage system using proprietary aerobic treatment whether it is subwfue or surface sewage disposal and the owners or Muintenance company shall maintain and teat the effluent according to the OSSF staid" or permit The rn&tenxxe contract shall consist of inspections and effluent testing by the maintenance company A pursaw to the Code of Ordinances and shall require the maintenance company to submit OSSF inspection h^d effluent testing reports to the City of Denton. It shall be "wful for a maintenance company to fail to submit OSSF inspection and effluent reports to the City of Denton z9 26-230. Special Requirements for On-Site Sewage Facilities. The city of Denton, Texas wishing to adopt more stringent rules fcr its On-Site Sewage Facility Ordinance understands that the more stringent local rule shall take precedence over the corresponding Texas Natural Resource Conservation Commission requirements. If more stringent rules are adopted by the Texas Natural Conservation Commission then the s,;onger rule shall take precedence over the local rule. 1. Surface Irrigation and Drip Irrigation Separation Requirements TO FROM Pretreatment Aerobic S ace Imgaflon p Irrigation Tank or Holding Treatment Unit Area Area Tank Pas lic Water 50 150 1501L Wells ate ly 10 ft. l iU 10 , Private Water 50 . 50 t ft. l06 Wells Private Water so 50 ft. 50 50 Well (Pressure Canenled or Grouted to 100 tL or Cemented or Grouted to WataRable if Watertable. Is law Then 100 doep) _50w_ so & trams, 73 tc 7 Pondr, Lakes. Riven From Normal Pool elevation) Sharp S Pea+ 1 3 i Brakes (30'/. of Greater) 0 ant, "i3~ a~ c Buildings, Fxcept: $ urfsee Surface surface Improvements Isnprovernants 25 Imptevertenis 25 tPi os, R it 30 k Playgrounds) Boundary Lines Boundary Lines Properly Irrigation using 10 ft. Be-midary timer at right 20 Lines ft. Easements 10 fl. Easements Irrigation by flow swimming 30 ft. Swimming Pools Pools Easements 10 ft. IS ft. Swimming Pools 25 ft. 2. Surface Irrigation Sewage Facilities: The following criteria shall apply to all surface irrigation sewage facilities installed within thejurisdicdon of the city of Denton. (a) Types of wastewater treatment: tartly aerobic treatment plants approved fa use by the Texas Natural Resource Conservation Commission shall be accepted by the City of Denton when surface irrigation systems are used. Aerobic systems shall have a minimum of four inches of sand, sandy loam, clay barn, or pea gravel free of rock placed under and wound all tanks. Tank excavations shall use sand, sandy loam, or pea gravel fret of rock u bacUll material. Aerobic tanks shall be installed in a manner that prevents collapse or rupture when subjected to soil and hydrostatic presswft. (b) Wastewater dbtofection: Methods of disinfection shall include em"ina6oo, ozonation or ultraviolet radiadon or any other method approved by the Texas Nafural Resource Conservation Commission Aerobically treated effluent shall be diWft- ed prior to surface application. The quality of treated effluent awl not exceed the efthaeml Writs in Section 26-230, (c) Surface applicadom areas: Acoeptable surface appticatim am will be flat terain (Taro than or equal to 15 percatt slope) covered with grasaea and other mixed veSdetim Surface application areas located on nemesia lmvias a slope between 15 and 30 peexw shall be properly terraced to r Irdmiu nuafx Land bavioS a slope greater Utae 30 pereerd *An not be used to Irrigate treated effluent unlea the OSSF plain cam deaanatrate to the satis&cdon of the penritiing authority that the waterdW and environment are protected. [AM toad for growing food, gardots, orchards or sops which may be used for human conwmp6on ahall not be used for surface Irrigation areas. (d) Required Irrigatloa area: The minimum required surface irrigation area shall be r determined by dividusg the daily wastewater Lute rate by the allowable effluent J application rate adopted by the City of Denton according to the following formula: Required irrigation area (sq, ft) ■ Q / Ri Q - daily wastewater usage rate Ri - effluent appllcadon rate 0.043 gallons per square foo• per day 3t (e) Uniform applica:ion of effluent: Surface irrigation systems must provide uniform distribution of treated effluent. At least two (2) irrigation areas are required to allow the } alternating application of treated eMuent to prevent soil saturation and runoff. The city of Denton may adjust the effluent application rate in subparagraph (d) of this paragrzph but the application rate shall not be less than promulated in TNRCC Rules. (f) Distribution line criteria: Piping form the pump tank to the sprinkler heads shall be a uniform diameter of Schedule 40 PVC or any other pipe approved by T'NRCC. Pipe connections shall be effectively connected and sealed to prevent pressure loss. (g) Sprinkler criteria: Sprinklers shalt be impact or gear driven rotary design with a maximum inlet pressure of 40 psi. Sprinklers shall keep the spray str<am at a trajectory of i 13-degrees (130) or less. Overlapping irrigation areas shall be counted once toward the total required irrigation area. When sprinkler heads are placed on sloping terrain the upper heads shall be provided with a check valve to prevent return siphonage into the pump tank. 01 FlIfluent storage requirements: Storage and pump tank requirements shall be in accordance with Subsection S of this Section and any other more stringent rules adopted by 'MCC. When commercial timers are used to Irrigate at night the pump tank shall have a liquid pumping capacity equal to one day (24 hrs.) of design flow measured from the pump intake to the float activation switch in the on position. 3. OSSF Leaching Chambers: Leaching chamber excavation size reduction shall be allowed at the discretion of the permitting authority on a case by ease basis. A request fora sizereduction of the excavation ara shall be submitted to the permitting authority by either a registered sanitarian or a professional engineer, The requM shall be in writing and mud be accompanied with sufficient data to mat the approval of the permitting authority. Approval of a size redA-don shalt be in writing and will be no grater than allowed In the OSSF Ruler adopted by the Texas Natural Resource Conservation Commission. An excavation site reduedoo shall root tottstitute categorical approval within the permitting autbority's f urmcdom 4. Pretratemot Tanks or Chambers: Pr*eatment tanks shall be required in conjunction with aerobic b atmml units In sccadwee %ith the moat recant rule or standard promulgated by TNRCC. Pirteatment tanks shall med a1! dructwnl reviremeda puasts" to tde most recent OSSF rules adopted by the Texas Nature) Raotmoe Concern at Commisdom Minimum pretreatment tank capacity shall not be less clan 500-0104 I q4I capacity and shall be in accordance with the OSSF Rules promulgated by TNRCC. Met pipes shall have a "T" altaehed that shall extend to at lead 24 inches into liquid depth of the tank. At lead four inches of sand, ! sandy town, clay loam, or pa gravel firee of rock shall be placed under all pretreatment unks. Tank excavations shall use sand. sandy loarn or pa gravel fm of rock as backfill material. Pretreatment tanks shall be installed in such a manner that prevents oollgw or rupture when subjected to soil and hydrostatic pressures, A rider sWl be Walled over the clean out port when the pretreatment tank is installed in a depth greater than 12 inches. The riser shall extend st least six inches above the gro-md surface and be sated to the tank and capped. Prdralmeni tanks shall be inspected and approved prior to covering the tank with soil I 32 S. Pump Tank Criteria: An approved watertight tank using an appropriate pump shall be used when effluent must be pumped to a disposal area A riser shall be installed over the clean out port located on the pump tank. The riser shall extend at least six inches above the ground surface and be sealed to the lank and capped. At least four inches of sand, sandy loam, clay loam, or pea gravel Gee of rock shall be placed under all pump tanks. Tank excavations shall use sand, sandy loam or pea gravel free of rock as backfill material. pump tanks shall be installod in such a manner that prevents collapse or rupture when subjected to soil and hydrostatic pressures. A check valve shall be required when the disposal arcs is above the pump tank. The pump tank shall be provided with an audio and visual high water ala tn. The electrical alarm shall have a power circuit separate from the pump. Batteries may be used for bacF-ap power supply only. All electrical components shall be approved by Underwriters Laboratories (UL). The electrical corutections located inside the pump tank shall be hard-v nred. All pump tanks shall meet all applicable structural requirements pursuant to the most recent OSSF rules adopted by the Texas Nahum Resource Conservation Commission. Pump tanks shall be inspected and approved prior to covering the tank with soil. (a) Pump tank criteria for flows less than 500 gallons per day: Pump tank size shall not be less than 500 gallons capacity and shall be or sufficient size to provide a reserve storage capacity of one-half day (12 hours) of average flow above the alarm. on level. A single pump shall be required. (b) Pump tank criteria for flows greater than S00 gallons per day: Pump tank size shall not be less than 750 gallcea capacity and shall provide a reserve storage capacity of at least eight hours of average flow above the alarm-on Ievei. Dual pumps shall be used in pump tangs when flows are greater than $00 gallons per day. The dual pump system shall have the alarm on level below the second pump on i level and shall have a lock on feature in the alarm circuit so that once it Is activated it will no go off when the second pump draws the liquid level below the alarm on level. Ali audio and Ysnal alarms shall have a manual silence switch. Pump aWitchgear shall be selected so that both pumps shall operate as the fiat pump on an ahernating basis. All pampa shal) be rated by the manufactures for pumping Sewage cc sewsge effluent. 6. Site Evalnati0aL Professional Engineers or Registered Sanitariarts certified u site evaluators witb the Tatar Natural Resource Conservation Commission shal) perforn site evaluadons and soil analysis within the jurisdiction of the City of Denton. Soil analysis and site evahiatim procedures shop be is accordance with the On-Site Sewage Facility Rules promulgated by the Texas Na" Resource Conservation Commission. The permit&S authority may require soil peroolatica test in addition to a soil analysis. Experience of the permitting authority shall take precedence over the muiu of soil Analysis or soil percolation tests, 7. On-Site Sewage Fscility PfaoslDealgns. professional Engineers or Registered Sartitariana shall MPAM o"te sewage facitity plruuldesigm. OSSF plans/ designs shall include a site plan drawn to scale indicating all components of the 13 I i I I I sewage system, sunray plat and any other material required by the permitting authority. OSSF improvement or expansion areas shall be indicated on OSSF plansdesigr+s. (a) On-Site Sty Age FacWties serving commercial property- Professional Engineers shall prepare on-site sewage facility planedesigns for all buildings located on commercial property utilized as a commercial establishment or a business when the anticipated wastewater discharge from such a facility is greater than $00 gallons P~v day. 8. Relospectton fen. A fee for OSSF re'utspections can be assessed by the permitting authority. The fa shall be equal to one half of the initial permit application fee and shall be levied on the insulter of record each time a reinspection is required. The reinspection fee shall be paid before a reinspection can be scheduled. 9. Cluster Systems It shall be unlawful for a person to install a cluster system within the jurisdiction of the City of Denton after the effective day to this ordinance. A person may operate a cluster system that was insulted and permitted by the City of Denton prior to the effective date of this ordinance provided that the cluster system is not creating a public nuisance. It shall be unlawful for a person to operate a cluster system that was installed aAer the effective date of this ordinanct unless the person his been issued an operating permit from the City of Denton. The City of Denton shall require that perpetual private maintenance be guaranteed by such means as bonds or other means approved by the City of Denton A person violating this provision is guilty of s separate offence for each day during which the violation is committed of continued. 10. Mold Volt Developments When development requires an on-site sewage facility to save more than a single building or more that one commercial operation on a single legal tract and the coat of conmec* the facilities to the City of Denton sewer ryAam is perlubitive. The City of Denton may oomeida and approve on-site sewage facilities serving mote than one building or mare than one commercial operation on a single legal tract accof ft to the following criteria: The oorr biped wastewater discharge shall not produce tnota than 1000 gallons perday on a single legal tract. The cast of comw6on to the City of Denton sewer system must be siolicantly greater thsa the construction of the on-site facility. f!, The applicant of the proposed on-site sewage facility must have a registerni sanitarian prepare a 1 design of the proposed OSSF when the anticipated combined wastewater, discharge is under $00 gallons per day. A profession! engineer shall prepare plans to construct on-site sewage facilities when the anticipated wastewater usW exceeds $00 gallons per day. The rfring and mateualall quality of the on-site facility :hall meet All city standards. The city of 34 t v Denton may require that private maintenance be guaranteed by such means as bonds or other mew approved by the City of Denton. 11. Abandoned Septic took, Aerobic treatment tack, holding tank and Pump tanks. It shall be unlawful for property owner to properly abandon an OSSF by failing to take the following actions: a) All tanks, borehol s, cesspools, septage pits, ho'ding tanks, and pump taxis shall have the wastewater/ sepUge removed by a licensed waste transporter, holding a valid registration with TNRCC. b) AEI tanks, boreholes, cesspools, seepage pits, holding tanks, and pump tardy shall be filled with clean sand or other suitable fill material and completely covered with soil. 26231. Penalties. A person who violates any provision of M article shall, upon conviction, shall be punished by a A,ie not to exceed 52,000 per day any section of this ordinance is violated. Each day o section of No ordinance is violated shall constitute a sepanue offense. The City Attorney is authorized to commence in ac Jon for appropriate legal or equitable relief in a court ofe mpetentjurIsdiction. Such reHermay include: (1) An Wunctioa to prevent a violation of thls article, (2) Recovery for damages resulting from a violation of M article. (3) Recovery for expenses incurred by the City In responding to a violation of this article. (4) A dvil fiat of up to One lUue and Dollars and No Cents (S 1,000,00) per day for a violaeoa of this ar&k (S) All other damages, coats and remedies to whkh the City of Denton may be entitled. SECMONlii. If any section, iubeecdoa, pa vVk sentence, phrase of word la this ordinance, or applicadoa thereof to any person or circumstance is held invalid by soy count or competent jurisdiction, such holding OWI not affect the validity of the remaining portions of this ordinance, and city council or the City of Denton. Texas hereby declares it would have enacted i' such mniining portions despite any such invalidity. r SEMON IV. 'Out the of an ordinance or an ~ Y Y portion thereof by the preceding sections shall not affect or impair any sd doste or right vested of accrued or any prooeadic& suit or prosecution had or eomrnaued in say cause betrom sub topal ahail taker effect; bid every suet act done, or right vested or accrued, or proceedings, slit or proaeution bad or commenced awl rennin 3v r t i I I in hill force and effect to all Intents or purposes as if such ordinance or part thereof so repealed shall remain In force, i SECTION Y. That this ordinance shall become effective fourteen (t4) days from the date of this passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice In the Denton Record Chronicle, the oB'icisf newspaper of the city or Denton. Texas, within ten (10) days of Its passage, PASSED AND APPROVED this the day of ,1999. JACK MILLER, MAYOR ATTEST: JEtrNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY BY: obb+uw+~na+es tx,~or ?a a« (m, sns+~ - w, ire,~1 I 36 c~ r OI MMAL COINlAP180M Of Cb GIS IN C8AIrMR 1f AND 34 Of CIW Of DEMON CODE Of ORDINANC31, Ovsrrtem Aeaeadaatt to Cbspisr U ad 34 of** Codo of Ordtaucu oddrm taburtw ud mdoto 0t4ke m"M dbpoid mid water wedlt Chophr Zit Carrtat eefts ao esodlllud k 1993 oddrram dlukwgu to taaltuy 0~ • Comeh• 13 madam ropedio f si* tm&W and obotam m of mdrmao Am dof ordium proridso pid=os for proper butdadn of altonatk a water owl Dowse WW" os pr~ bait aad Woo • Canteiot 22 modooo lrNashlo M aoerdsd otdb a t • TokRspftk 3~ 2 153 of o~rrsot oedimmoe whkh de6aa Sapeta SWAn • Rgab Ssodoo 26.172 wWch m mdy ad&=m 6 t Uloa tad opa woo of on :o qdt • tk 6ooda 26-177 Mdeh aarody rddrwu Abdoe t of • odA&pb mw d<ott wS lwao X210 6mapb 26.231 wblch mots odlwWv* broorpaerfs 1'MtCC rdW Mat dpdomm hip" of Named wdibmift • tlootls a 26117: addruaw ptoeodurw dbr Abdmww of VWbdoat • fSsW= 26230: Ad& wu wedd rogadnmmbb hr Dis- tt Sewep P i 1 ' y 38 a u i I illl i i OMPOr 34: hen d L ww DnrUp"m *mum bm maw d Im 4m m d11 and •dblp*a bapgp nftlb r Auto" Q mum IKNIdM be roqd,,W mwn►+t a,d t3Maw pno"k to wdad rasa • Amos& SOW= 34.119 only MGM dPMftW b4md ntAwmdd *MkoM "OHL • ~ ~ Poo~+n Jbr h~bWdoO olw,p,e ~+eW tmd ad orho • atolmom ~ooaptobf~ (be lrlt+tloo otw~b mod= ~e }bdHdM • I mbmWm adpo,ft Swap rater kpot rm a Gty II R' I y 39 M i r 1 i Exhibit IV A Underlined Sections of Current (1993) Chapter 26 Which Address Sepde Systsou and Abatement of Nulsascas The following are the only seclons of be ordinance which are related to on-site sewage disposal, 1. Section 26.153, Page 9. Definition for Septic Tack and Septic Systems 2. Section 26-172, Page 19; Septic Systems 3. SeeNon 26.177, Page 20; Abstamt of Nniunces These sections are underlined in the attached pages. i i i i I t~ I v,m,cknlshneevnouema~inneenwb.n-nu:d4.u+.dwy.nlHls I 40 i I ORDINANCI N0, ---1~-- ' { AN ORDINUCi ANINDI:NG ARTICLS V INTITLBD 'DIRECT AND INDIRICT DIBCIAR01 INTO SANITARY WASTRMATn 5YATSX4 01 CBAPTBR 96 Of TII COD= Of ORDINANCIS Of Tug CITY Of DzmTON, TRJAS, RILATINO TO 4VTILITIIS' BY RSPBALING 81CTIONS 96.151 TBROVGI 96.908 AND ADOPTING MW 120TIONI 96.151 TSROVOt 96.9091 PROVIDING fOR TII RSOVLATION AND CONTROL Of WASTRWATIR DISPOSAL PACILITIIS AND PRACTICIB INCLLJING FBDIRAL OFNIRAL PRSTRSATNBNT RIOVLATIONS AND CATIOORICAL PRITRIATWINT RSG=TIONSI PROVIDING TIN PVRPOSI AND /COPT OP TRZ ORDINANCII PROVIDING DIFINITIONSI PROVIDING PROCIDVRIS FOR ABATING VIOLATIONSI PROVIDING A KUM$ FOR D1MU1IWm TEE CEAR- ACTER AND CONCUTRATION OF WASTEWATRRI PROVIDINp FOR TEI APPROVAL Of PLANS, 18810ANCO Of PIRNITS AND INSPICI'ION Of FACILITINS AND RI- CORDS Of APPLICANTS RICIIVINO CIRTIFICATION81 RROVIRING COMOTIOM TO SANITARY FACILZTISSI PROIIBITING TEI DISPOSAL Of CIRTAZN WASTS- WATIR INTO TES POTMI 0I8TINGVISIZNO N37VISN 8IGNI1ICMIT XHOUSTRIAL VSSRB AND OTnit lions AND PROVIDING PROCiDORIS POP. SIGNIFICANT IN- DCBT'RIAL V81RS TO OBTAIN PBRXIT81 PROVIDING PROCBDVRIS FOR MONITOR- ING CONPLIANCI WITS PIRUITS AND REVOCATION Alm mummixom of PIR- NITII PROVIDING FOR CIVIL AND CRIMINAL IN/ORCBNANTI PROVIDING A SrWIRABILITY CLAVBSI PROVIDING FOR A MAXIMUM PINALTY Of =9,000.00 FOR VIOLATIONS TIIRBO►I AND PROVIDING FOR AN IPFACTIVI DATE, wamu S, the present pretreatment regulatiajis pertaining to the disposal of wastewater do not dsfinitively describe the re- quireaents and procedures significant industrial users should follow in obtaining and aaintalning peraits for the disposing of wastewater into the POTWI and WISRSAS, the present regulations relating to the disposal of wastewater do not adequately advise sanitary sewer oustoners of the emergenoy massures the City of Denton will taka in teraL"Ung t+sr- vice to any oustaar discharging pollutants Late the City's POTN (Publicly Owned Ttaataant Works) that present an imminent endanger. want to the health, safety and general welfare of the publiol and %mum", the City c! Denton hae held a public hearing to con- sider the proposed amend ants to the Artie s ♦ of the 9tilitias Chapter of the Code of Ordinances an May 17, 19931 and wxzm B, the City Council of the City of Denton !tads the proposed amendments to Chapter 96 of the Code of Ordinances to be reasonably related to the City's desire to revise its ordtnanoes, not in full aoeepliance with federal and state water pollution control and clean water aots,to insure the health, safety and general welfare of its citisa m are protected to the greatest extent possible! NOM, TXMVORS, TRI COUNCIL Of TIS CITY OF DBNTON IIRUY ORDAINSI di i Sanitary savor means a sewer intended to receive domestic wastewater and admissible industrial/oommercial wastewater, but to which storm water, surface water and groundwaters are not inten- tionally admitted, ;!!2110 tLOA e water 1 waatawaeary~ Sept! s ems 8.n• k:ukmenk u WhAch 0043C tanks, lubmurrass uAffid far Service line means that part of the horizontal piplaq of the building drainage systau begtoning at the outside foundation wall and terminating at its connection with the wastewater system, Sewage means water whiah contaias, or which has been in coa• tact with organic and laorganic contaminants such es huzl,%n or animal wastes, vegetable mat' s, cooking fats and greases, laundry and dishwashing detergents, and other chemical compounds and waste product, Sower means'a pipe or conduit for carrying wastewater. Sever system means all facilities which are owned by the city for collecting, carrying, treating and disposing of wastewater. Shall means the obligation or necessity to respond) mandatory action, Significant industrial Offer 04&201 a. All Users subject to Categorical Pretreatment standards under 40 C?R 403,4 and 40 Cn Chapter subchapter !ryl b. Any vast that) _ (1) Discharges an average of 98 . 0000 gallons or more of regulated process wastewater into the PM during a twenty-four (94) hour pariodo or (Z) liar a reasonable potential, !a the opinion of the executive director of public utilities, to (a) adversely affect pojw operations (luoluding but not limited to laterferenee, pass through, sludge con- tamination or endangerment of MW workers), or (b) violate any pretreatment standard or requirement. a Significant noncompliance 0$antl (1) Chronic violations of wastewater discharge limits, do fined here as those is which sixty-six percent or more of 4Z is utilised as a dwelling or residential unit shall construct or cause to be constructed a suitable water closet upon such property and shall connect or cause the water closet to be connected with the sanitary sewer in accordance with all ordinances of the city regulating such construction and shall, within thirty (30) do after written notice to do so from the executive director of utiyys l• ities, abate and asase to use any septic system, dry closet or privy upon such pratises. Ib) Any owner or occupant of every building where such build- ing is within these hundred (300) feet of any city sanitary sewer and is utilised as a business or commercial establishment disobasg- ing wastewater exceeding the limits established by this article shall construct or cause to be constructed a suitablle water closet upon such property and shall connect or cause the water closet to be connected with the sanitary sewer in accordance with all ordia• ance■ of the city regulating such construction and shall, within thirty (30) days after written notice to do av from the executive director of utilities, abate and cease to use coy septic system, dry closet or privy upon such premises. (C) The owner or occupant of nay such property shall keeepp and maintain such water closet and all Connections in good coadltioa and tree from any obstructions. (Code 1066, 1 93-150) gees 96.1796 Septic systems. o e Eh the rev s ens e e a es -s IMLLIZI" I% the amp =%Ig s• oa or sa o er • s ra ve es Adftt" Mt the TWo b It unlawful. shAll be o 0 2hPK" to Amur 6= 1900 0 e ffr*VWO Cosa t ad a s se o -are or e s ocmmero a er rem amt • ac F.U.. ..1 Soo, 34.173. Dry closAS"'#iobibiteds It shall be unlawful tar any person to build, use or maintain any privy or dry closet on any lot or land within the corporate limits of the city, except for portable sanitary privies utilised temporarily. (Code 1066, 1 91.107) gee. 96174. Coartructien of sanitary sewers and connections. The construction of sanitary sewers .ad connections thereto shall be as provided In the ordinances of the city, (Code 1066, 1 9S.1S3) d3 t Sao, 26.175, Owner responcible for maintenance of sanitary sewer service lines. The city shall not be responaLble for the maintenance of any building drains or service linos, and such maintenance shall be the responsibility and duty of the owner of the premises serviced by any such service line, (Code 1966, 8 25.154) Sec. 26.176. Compliance with building regulations required. sanitary sewer service shall not be furnished to any premises where the plumbing thereof has not beau installed La accordance with the building regulations or any other provisions es provided in the ordinances of the city. (Code 1566, 5 25.155) sec. 26-177. Abatement' of Weancoff- The u ivs directs: of it s s su t of limits or Denton, Boos. 26.176 to 26.165. Reserved. DIVIBION s. Vst OF 1VBLIC Btw=RB Boo. 76.184. Discharge prohibitions. (a) it shall be unlawful for any person to discharge or cause to be discharged Late the POTW or into a natural outlet materials, waters or wastewater, Lf such substances may cause ppass through or interference or have as adverse effect on the savironmant or may otherwise endanger iifa, health or property or constitute a public nuisance, Lusluding exyg- pollutants 00D# etas) Ia determiniag the AcceptabsliytdemandLng of substances for discharge into the wastewater systes, the executive director of utilities shall give consideration to such factors as the quantWes of subject substma- coo in relation to flows and velooiti*a in the wastewater system, materials of which the wastowater system is constaveted, mature of the wastewater treatment proooss, capacity of the wastewter treat- meat plant, degree of treatability of tba substances L 4he waste- water treatment plant and such other factors %&Lab may be partineat to such evaluation, (b) No parson shall discharge into public soweras (1) Any liquids, solids or gases, Laeludimg but not limited to gasolLao, kerosene, naphtha, bonsene, toluene, xylene, ethers, alcohols, ketones, aldehydes, yoroxides, chlorates, perabloratas, brosates, car- bides, hydrides, sulfides or any other substances which are a fire or other hazard to the system, which by reason of their nature or quae.tity are or may be bufficient aitbe:, alone or by interaction with other substances to cause fires, axploeions or be injurious in any other way to the facilities or operation of the 4Q aaGSioN IL That it any seotlon, subsection, paragre h, sen- tence, elausef phrase or word in this ordinance, er application thereof to any person or Circumatonee is held invalid by any court of competent risdietion, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have anactol such remaining portions despite any such ln"lldity, NZQ2OI11,. That any person who shall violate any provision ' of this ordinance or falls to comply therewith or with any re- quiramants !hardest, or a permit or certificate issued theraunder, shall be guilty of a misdemeanor punishable by a tine not exeesdinnqq Two Thousand Dollars 101000,00), teach such person shall be deamdd gquuilty of a separate offense tar each shd every day or portion thareat during which any violation of this ordinance is aonmitted, or continued, and upon conviction of any such violations such par- son shall be punished within the limits above, ascrlON IV, That this ordinance shall Moose effective four- teen (11) dayys from the data of its passage, and the City recratary is hereby dirac:ed to cause the caption of this ordinance to be published twice in the Denton Record-Chroniols, the official nws- papar of the City of Denton, Texas, within tan (10) days of the data of Its passage, PA8820 AND APPROUD this the day of , 1lf3, ' I i 00 CA#Tt,U MY, ox 1 ATTUT S JOAlttreR ItALTSS7t/, CIY sl mair IM sataAa trout i D A. DMYOVIMe CITY ATTOMU by S Jrt~rd~l e c ~G. 45 c c Exhibit V Proposed Amendment of Chapter 26 o! The City of Denton Code of Ordinances Table of Cootents Section Numb lidd 26.210 Purpose 2 26-211 Authority to adopt on-site sewage facllity rules 2 26.212 Adoption of on-site sewage facility rules 2 26.213 Area of lurisdiction 3 26.214 Definitions 3 26-21S Powers and Duties 9 26.216 Esublishiag Fee Rates and Collec&j; of Fees 10 26.217 Procedures for Abatem- i'f Violations 10 26.218 Appeals II 26.219 Connection to Ssaitary Sewer System 12 26.220 Right to laspect 12 26.221 Lawful Sewage Discharges 12 26.222 Abatement of Nuiutm 13 26.223 On-Site Sawsp Facility Cooatructioa and 13 Operating Pennit Requirements 26-224 Permit to Construct an On-Site $swap Facility 14 26.225 Permit to Operate an On-Site SWW Facility Is 26.226 Land Use Requteemasds Is 26.227 Surfscs Irripdon afflu" Umitsdons i 7 26.226 Surface hdpdon Pscility Analysis sod Reporting 18 ' Requirements 28.229 Mainteaanc„ Requirements for Aerobic 18 Tr*gnwat Plod 25.230 $pecial Requlrameats for On-Site Sewage Facilities 19 26.231 pensldas 24 as E` { I I • I, I I I Eabiblt VI Proposed Ameodmut of Chapter 34 of The City o► Denton Code of Ordineoem Table of Cooteota Sssiion.llstm Bill PiLle Num6zt 34.119 Aitanative Water and Sewer Facil'idee I (A) ALTERNATIVE WATER SUPPLY I (1) UnlawtWAcdona 1 (2) Oen" Well Criteria 2 (3) Loudon of Monitorico, Domeadc, 2 Indutrial, and Irsiptioa Wells (4) Water Weil Permits Application 3 (S) Imams of Water Well Permit 3 (6) Revoeadon of Water Well Permit 4 (B) ALTERNATIVE SEWAGE 4 FACILITIES (1) General Criteria for O*Site SewaSe 4 Facilities (2) On-Site Sawa" Paciuy Oemdu 4 (3) Land Um S I (4) Acceptaooe of Bzia q me Annexed S Water or Sewer Systems (S) Coamcdeo to SWWY Sawa System (6) Review of SnbdivWon or 6 Developmant Pbtaa I I I ~ I i w VemcMnlrmoro6owMY / I fMofeenr,YOe / ~y,~', ~ d e wr dmnA of t V\ 47 c u i Ezbibit VII Underlined Sections of Current Section 34-119 Which Address Alternative Water and Sewer FecWtiee r r I 48 t Chapter 34 SL19DfV1SION AND LAND DEVELOPMENT• 141, L In Central, it 34.1-3635 Art, It. Subdivlsicn Regulations, 11 34-34-34-80 Div. 1. Generally, 11 3436-3450 Div. 2. Procedures for Submission and Approval of Plato and Plant, 13 34.31-34.80 Art. III. Land Development Procedures and Permit Regulations, It 34 81-34.147 Div. 1, Generally, 34.81-3490 Div. 2. Procedures and Approval Process; Policies, If 34,91-34.110 Div. 1 Required Improvements and Coastal Design Standards, 11 74111-34147 ARTICLE L IN GENERAL See, 34.1. Short Ulit. This chapter shall be known and may be cited as the Denton Devslopmto t Code and it shall become a put of the Code of Ordinanaa of the elty, 10rd. No, 83.70,1 IIApp. A, Art. I, ch. ID, 1.8831 I See. U.S. Policy, cal Land to be subdivided shall be of such character that It can be wed lately for bull&# purposes without danger to health or peril from fire, Aood or other manna. Land shall not be subdivided "or developed until adequate faclilUa and Improvements in provided, tbl Usting and proposed land developmeol lmprovemen4 shall eta form and be properly r:t.::.d to the proposals, ponds shown In the 0111da11l adopted muter plats and the capita Improvemant budget and program of the city. It Is letetlded that this chapter supplement std fadlItste the WommenI of the ptoMalons and standards eonklned In bulldlog led howing coda, sonLsg etdlnanas, ofRdal M&" plats ltd apt W Improveount budget and program of the muoldpedlty. lord. No. 8810,1 IIApp. A. Art 1, do. 1, art 1.011, 1.8811 1 •Chwur refers bee-Plerudag and anim 110.0144 s Cron refers need- Ilowing 8anerally, Cb. 18; Inapedlee 0nd abatemat WWM14 gen. artily, 1 19,88 so mq.l bulldtngs and building roeulaUona peetally, Ch, 88; flood provesUse and protect Ion generally, 4 h. 30 landsaping, lwenir+t and tree pteservatlw, Ch.1l; trtebUa homes, mobile home parka and reettaUorul rehlelw pneralty, Ch, 31; setdng geeeeally, Cb I A, , 'I t SL*BDMSION AND LAND DEVELOPMENT 134.119 smaller pro rata charge u a condition to the connection to, use of or 1 a lift station or rnrce main which Is subject to a pro rata reimburser In such cases, the executive director or utilities shall give written . potion required to make such pro rate payment of the bails for the act.. charge, and such person may, within thirty 1301 days thereafter, appeal . urination to the public utilities board. The board shall, within a reaaonu thereafter, make a determination of the actual pro rata charge to be assessed and paid. (Ord, No. 83.70,1 IlApp. A. Art. 111, A. IV, art. 4.09), 7.843; Ord. No. 8540, 11, 9.1985; Ord. No. 85.188,1Ill. 9.17.88; Ord. No, 8&148,11 1-111, 88.881 AI- Cross reference-Utilities generally, Ch. 28, Sea 34.119. Alternative water and newer (acWtla. Ali develop enter within the lu_risdiction of the city shall be required to have approved stater sunnly and san„it w !ewer w ri~iti [„e nd A,dl ha regu[red fo mnnec! to the c+tv racitities unless alternative arreneementa hgZa keenanoroved by t,e t<tv amordi~~ 1n the followin¢ standards and procedures. Ill Water wells iinditidual). Developmenta may be approved with aitarnative water fa4 cilities according to the foUowing criteria: a. Water well operation and quality meet the minimum requlremwts of the state department of health and city health ordinances. b. Water wells are not utUise_d in AU ,ammsrelal sale of the watery e. WW tie onto ,thst city "ter System exaedr ►he artine3lnitial capital cost or d. ~iant for approval of an Individual water well shall submit the following j evidence to the executive director of utilities: 1 1. Water vality toots; a P4 2. Affidavits s t no mo» than three W familis will use the well ardor the well water will tot be uad in Any oosamers W sales; and 8, a li.d goat Ng" at well iastalLLleD. this nomil"drodaeatutilfWs saar twoawater -Now mvUw *(&W ribm. wall taarmtt. (2) Septic WAS. Dewlopaents paev'A approvd with alt MU101 sewer fa411411 as eording b the follow4aiterim a. A saptle tank tray be tmtalled to sere an individual residenos, commercial or Industrial facility it. 1. The prernlaa upon which such structura is )naked Is Mora than two hundred (404) feet from any city sanitary main; 2. The executive director of utilltls certifies In writing that the topograpby of t such premiss makes normal connection with au<b existing sanitary main r I ~ Impractical or Impossible, and 50 1 C 1 I'I f 3/•3)9 DENTON CODE 3. The operation of a septic tank Is feasible on the premises and will meet the standards and requirements of this chapter. All other installations of septic tanks shall be unlawful within the city or the extraterritorial jurisdiction. b. Septic tanks shall be installed in accordance with the standards established by the state department of health. c. An applicant for approval of an individual septic tank shall submit the following evidence to the executive dlrez: r of utilities: 1. Map and statement of justlllation; 2. Affidavits that no more than one (t) residence, commercial or Industrial i facility shall be utillsing such septic tank; 3. A plan of the septic tank system prepared by a registered professional engi. veer or registered professional unlWlsn; and Affldsvit of the results of the percolation tab. Upon review of this evidence, the executive director of utilities may tune a septic -tonk Rjrmil. 13) Other individual septic systems. Other Individual septic systems may be considered If satisfactory evidence 11 submitted arllWir that the system meta all requirements ■nd standards or the stair department at health. 1 ' (l) Pritwte coop "MS. in areaP whW# development require wets and/or sewer Ur• f vices for more than a single fscUlty, and the asst olextending and lying onto the dty system isprohibitive,privetelyownsdwalaa4arsewarfaciNtlamaybeeonsidered l and approved by the city according to the following general Mutts: i s. The cat to tie art* tM city system would be etgnMe ntly greater than the propceed alternative. I b. The sppltant et the propoeed atterpatlw eyerua provides certified evidence (mm I a registered proleealo sl engines that the system *Ul meet ski city, state and federal h" and water, gwlibr atltndards e. 77te d1hV and tslataW gnallq of cep kAdw WM meet the dij standards. 1 d. Perpe" private maintenance 11 guaeantaad by Poch tissue u a homeowner's association, bm& or other mwu approved by the dty attorney, e. Operators of the system will b certified by the Mate daps ussat of bWth. f. The city shall have the right te Inapect the system psrtodlaUy to determine if such system is being operated and maintained according to industry Pt"Urde. S. The review and approval proadurea for such privata water and/or Power system shall proceed concurrently with the normal ptatting and snginertng plan ap• ` praval process u outlined In 111111 artic11, except for apptiations uWer the" alternative water and sewer fadbtlr proposal, which shall first require review ; and recommendation from the public utilitia beard and llr,al ooncurrenes from J the city councit. 511 ~ r ` F 1 r i 1 SUBDIVISION AND LAND DEVELOPMENT 134-120 K The city may accept existing or annexed private water or sewer sYStema for operation and maintenance when the city's water and sewer Un a are ron tec 1r to such system, provided the system has been designed, constructed and operated In accordance with accepted Industry and city standards. Such private system shill be dedicated to the city at no cost. t. Prior to such acceptanceby the city, suc water and sewer lines and faculties than be inspected and avaluated as to standards, adegae. condition, ere. If f water and sewer lines and facllitlea are not according to city standards I lineal foot pro rata charge shall be assessed to the users of such system for Installation of these new facilities or will be on a per•linealdoot, actual-cost basis for upgrading or repairing the sxla W facilities te meet city standards. 1 iSl C_onnedionr to sanitary reuer extensions rrquirrd upon nolict. Whenever the arty sen itary sewer system is extended to within two hj8jW(200) feet or ilig lot or aa_MI of land within the corporate limits of the city where a septic tank dry closet or ULvL vault exlsts, the owner or occupant of each promises shall abate such sap le uL dry loset or ri ands" construct a suitable water closet u n such promises and connect the water c oset with the city sanitary sewer m v n e after written notice to do so from the city health officer unless he an show by county health .ertificate that his current system is funMioning in a sound and we manner. He shall further be requirod te have these faciliUes mortified every two (2) years, (Ord. No. 83.70,1 I(App. A, Art. III, ch. N, art 4,10), 7.M) Cross reference-Utilities generally. Ch. 26. See. 34.120, Utility easement requirements. I All utilities In it development shall W provided in stwt rlght"f•way, except for special circumstances approved by the development review committee. In such tees, the following standards shall prevail: 1 11) All utility easements shall be sixteen (18) feet unlese spedal dreumataaea warrant Additional or reduced easements which an be approved by the development review committee. . (2) Lot Unse will not split eswmatts. (31 Dead-end owemenla am not aocaptable unlw approved for special dreumetanoae by the development review committee. Ill Employees of the utilities department shall have the authority to eater pmmiw at 1 any reasonable time in the regntu line of duty for the purpose of inspecting, repairing or constructing any water, elodde or sewer Una or any water or etectrie metes, ek. This authority applies whether or rA the city chooses to re tuLts a dedlated out. meat, The land developer and occupant are responsible for any construction occurring r , over or within eight id) feet either elde of any on-site utility. If utility Inspection or s repair or reconstrucilon is necessary, any structure or im. owment damaged within I eight 181 feet eithr r side of a nondedialed utMty, whether In a dedicated easement or 0 c; Exhibit VIII Vaderllaed Seedoaa of tropoad Ameada>nt of Sectloa 34.119 Which Address Alternative Water and Sewer FacWtles j a { • i i I I 53 I I a. Pn,posed Amendments to City of Denton CoJe of Ordinances Chapter 34, Division 3 ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE 01, DIVISION 3 ENTITLED LAND DEVELOPMENT PROCEDURES AND PERMIT REGULATIONS, OF CHAPTER 34 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO REQUI] ED WROVEMENTS AND GENERAL DESIGN STANDARDS, BY AMENDING SECTION 34 119 PROVIDING FOR THE REGULATION AND CONTROL OF ALTERNATIVE WATER AND SEWER FACIIITIES; PROVIDING A PENALTY NOT TO EXCEED SZOOO FOR VIOLATION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council Gods the development of Iaad in its jurisdiction, while beneficial for the ciduns of Denton sad the andre county, must proceed as orderly, planned development to usure to the greatest extent possible the avoidam of health and eovimameaW huw&; and WHEREAS, the City Council deems it necessary to approve amendments to Chapter 34, Article M. Division 3, Section 34-119 of the Code of Ordinances to provide for the health and safety of the public, and to protect its citizens by providing for proper alternative water and sewer facilities; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION L That Article IIL Divisiau'Lmd Developnaeot Procedi nn" C'I *W 34 "Subdivisions and Land Development" of the Code of Otdinmoes its hereby amended by Section 34.119 whkh shall reed u follows: 34119. Alternative Water mW Sewer !suds. anti srmrurv sewer fistdWas sod shall be rsatitr ' jj o nt is sib fiatrnidas ttttisss ahsmadw r~1 ALT ER~VATM WATTIR SUTj[.Y. Develooa>aau msy be Maw jtE aher~dve w~ t eat; Holy in accordmce ,rim 6 6llowind,tmasrda and nrocaatnea. , %&I Aedg (1) gala ~4• (a) It shall be unlawful for a person, firm, or corporation to drill a waterwell supplying water for I 54 I se 11111 ti human consumption or irrigation without acquiring a City of Dalton Water Well Permit and to drill a waterwell without utilizing or becoming a licensed driller. A licensed driller is a person who holds a license from the Texas Department of Licensing and Regulation under applicable provisions of the Waterwell Drillers Act, Chapter 32 of the Water Code. (b) It s! sll be unlawful for a person, firma, or corporation to drill a waterwell within the corporate limits or extraterritorial jurisdiction of the City of Denton that provides morn than 6a m (15) service connections and utilizer the water for commercial sale. or service to more than twenty-five (23) individuals alter the effective date of this ordinance, (c) Water systems developed prior to the effective date of this ordinance shall remain in M compliance with Chapter 30 Texas Administrative Code (TAq Chapter 28 and 32 of the Texas Water Code and all other applicable bcal, pate, and federal laws. (d) It dull be unlawful for a person to install or operate a well, which receives discharge of waste as defined in the Federal Resource Conservation and Recovery Act (RCRA) or the Toxic Substances Control Ad (fSCA) or in violation of any other applicable total, state, or federal laws in the corporate limits or extraterritorial jurisdiction of the City of Denton. (2) General Well Criteria, (a) Water Wall; Mearu a bole or shag dug Into the earth in order lo obtain water 9nm a subtentman supply including any artificial excavation coostructd for the purpose of exploring for or producing ground water but excluding those types of wells exchtded under the definition of "costa well' in section 32-00l(l5) of the Taxis Water Code. (b) A licensed water well driller d a W M all water welt within the corporate limits-and I extraterritmisd jurisdiction of ens City of Denton (c) All waterwells in the corporab dm)ts and atraterrlWtal jurisdiction of the City of Denton shall be installed In oomp)taoce with all rula and regulations promulgated by the State of Texas Including Chspten 28 and 32 of the Texas Water Cade and ChIl ter 30 of TAG (3) (a) A well shall not be located in a Soodway of a tloocipWn at those terms am de5nad in Section 30.3 of the City Cods exoept as provided baein. A water well may be bated in a 100-year flood plain; provided that the well when completed shay be insured with a watertight unitary well so al and peel casing extending a minimum of 24 Inches above the baown Hood plain levsL (b) A well shall be toeated a minimum of 50 fat 60m nay watertight sewage of liquid-waste collection facility, except in the we of moni oriag wells which any be bested when necessitydictates. ~i (c) A well shall be located a minimum distance of ISO fat from any conctfttrated source of conwninadoN except monitoring wells as that term Is defined in Section 32.001 (11) of the Water Code which may be located in acco dance with other applicable provisions of the f law. r (4) Water Well Permits Application- (a) The property owner shall submit a water well application to the City of Denton Utility Department signed before a notary public or oth..Y person authorized to take oaths. The Assistant City Manger of Utilities shall provide the a:der well application form. The wate well application shall Include the following material &A any other relevant Informadoo required by the City of Denton Utility Department: (i) The applicants name and business address; (ii) The applicants permanent mailing address; (iii)A cost estimate of the-water well i1o"on: (iv) A certificadon that the coat to corn the Ci of ton coat suet ex coda the wtial capital coat of a waterweU. w~ ~-r~ ~i r! ■ (v) A survey plat of the parcel of land. (vi)A site plan which shall Lute the location of do proposed water well on-site sewage facility or any potattial solace of conUmnAon. (b) At the time of application, each applicant shall pey to the city a ttoo-refiodable application fee of -dollars. (S) Issum m of Water Well Pemrit f a MIN It shall be tnlawM1 for a pow to violate the terms ad ooaftoas of a waist well pwmtt The water well permit shall be luuad to me record owner of the propaty wham the wed Is located. The water well permit can be transferred to a new owner upon We of the property with the approval of the Assistant City Mxwgw of Utilities if the onditions undo which the permit was originally Issued have not changed. A person bvAW a water well permit shall opaste the water well in Accordance with the following general permit conditions: ' (a) The pertnittee shall not create more than Han (IS) service conoections to the water well i r and shill not save more than twenty-five (2S) individuals. 56 I I~ (b) ThILIOWee shall rut sell the water nroduc fmtnthe watts,vett , (c) Eau nermittee shall have a water atv '.t otrfotmed a! tM Irea ranch: v~ +r~+ a+Aw (d) 'Ilse well driller shall submit a copy of the Water Well Report to the City of Denton upon completion of the water well. (6) Revocation of water well txrmtt 'lU Assistant City Manager Of Utilities may, &Aer notice and hearing, revolve or suspend a waterweli permit for a violation of any of the provisions of this Section of the City Coda Before revolting or tuspe:ding a permit, the pennittee shall be given notice In writing of the alleged vioWion. The notice shall be trade by registered mail to the last (mown business or permanent mailing address of the permittee and shall be given at least 10 days before the date set for the hearing. The perrojace may present relevant oral or written evidence at the hearing. (B) ALTERNATIVE SEWAGE FACILITIES (1 ) QCD=g Criteria for On-Site Sewage Facilld.y (a) On-Site Sewage Facilities: Marts treatment doviea sad Sewage apoal hcititiee that do not treat or dispose of more than 5,000 gallons of waste esch day and are rued only ter disposal of sewage produced on the legal tract where the system is located. (b) On-site sewage facilitla shall be pe tnia4 installed and operated in woordam with the { City of Denton Code of Ordioaoow (City CO&I Article Y, Chapter 26 and all other applicable iae1, state, and lbdetal tegulatioM The Asdranot City Maoagar of Utilities may approve oo•site Sewage WIlties MUM to the ariteris Set Arn6x below, (2) On clte Sege Facil' ^ pstamilr, (a) 7U property owner shall Snbmlt a notsdW sppHadon Sam for en onwite W"p 6 aility In the AWsW City Moo of Uts7i W an thane provkW by dw Mdstrtt City Metw jw of U0 64 7be appBi tzar an oo-dtS Sewya M* shall be the orvoar of tanned where the on-site Sewage ha W to to be oon*ucted and shall provide the following inlbraudon to the City of Dontoo. (i) A nota&W City of Denton a, UcWon form oonWaing the applicants Dame, bttsfnas address, and permanent mailing WdMK (ii) A plan/design for an ots-dte emW &Cihty shall be preparod either by a ProfeSSiotsal Engineer or a Registarod SanitwUn, J ~r i c a (110MEdavit of the results of a site evaluation prepared by a professional engineer or registered sanitarian that is cartified as a site evaluator by the Texas Natural Resource Conservation Commission. (N)Certification that no more than one residence, commercial or industrial facility will be connec ted to the on-site sewage facility. (v) A survey plat of the property where the on-ate sewage facility is to be located. (vi) Compliance with the requirements of applicable sections of Chapter 26 of the City Code. (b) Upon roview-of the on-site sawme Mli lication the Assistant i M of a t on•arte sewage 04111ty. "Once the iaiaiiww of tM ro"M sewage acility is iyywva ine Assistant City Manager of UtiUdes may issue a permit to operate the on-ate sewage facility, All on-site sewage utility permits sha11 be Issued In accordance with Chapter 26rof the city Code. PC, (3) LAnd-Um On-site sewage facilides utilized in developmmts located on platted or unplatted legal tracts must be installed in accordance with the following reTArwmts: (a) On-ate sewage Wlideo ahdl not be located in a floodpWn at doodway u defined in Chapter 30, Section 30.3 of the City of Denton Flood Protection and Prevmdon Code. (b) Installations shall starve single resideadal structures only sad shall be fnstalled in accordance with tha following land use sheds: (1) P60W or tmpla M trade of laod shall occak a mietmum stwfto are of 1.0 out In addition to that which is claaWis doodpWn, wtfhta a right- of-way or upon which a pond or Wks is W**_,. Platted or unplatted trade of laod shall contain a minimum surface area of 1.5 acres in addition to that which is clsoMod a f oodplshr, within a light-of-way, of upon which a pond of Ialte Is located. 1 Accgp1.Me t if Fisting or rmned W ►er e r C_ewer $ cent- r 'd (a) The City ma scceet existing or AW%ad water or sewer systems for operation ~d J~ I I i I ~I • I maintenance when the Cil~s water and uwa lines ate connected to such system, provided the system has been desisned eonttAlded and waated ip mordwcewth V=00 ind and City stendm* and lies with all ticab Such wales And sewn systems SOLUIDe G0=6d to the t no (b) Prior tomb ecccptence by the City of Denton, such water and sewer lines and Gcibdes 6211 be pspecled and evaluated as to standards. demiacv condition etc If watersews Liza and facilities an not mmrdinst to City of Den o standerda~aad enolicable laws the jim of such ems will be assessed s eta c based out tinear•foot for the Lin it, reDalrinit. or instAugM o imorov (S,) Connattim in 4atihrysSewer sgYJL„ Vag = the city sanitary sewer svsUm is developed to within 200 feet in horizMtsl distance (masunad on the cb" to sml able access route) of a btulditta or resideptial unit owner of the buiWins or r@Wa%tW twit shall cmic to tae the otraite tacili i~oi building ' W rem ' thirty P301 days after written notice to do so ftcm the Assistant City Manua of Utilities or Chet dmfW_ untem the owns can show by the City of Denton eerdk"on that their m6te gw Emilihtia A=Uonins in a sound and safe manna. The owner shill be required to have the on-site sewage facility mecertifled by the City o Denton every Iwo (2_ ) . No person may install or ooosttud an *"to sewage facility when any pot of the buikiin j or residential unit is to be within 200 fed in horiwntst distance (measured on the ctosat practicable loan made) b m an existing City of Denton unitary Sewer system, unless one of the following has bem mat L The person has received a war dada! of seaitarySewer Wrvlee am the City of Denton 2. The Aaistao! City Manager of Ugdw oemUm In wrWq that the topogsphy of PA Focal S M" soma) connection with the a slog unitary sewer swAce M M (a) Any Pam propWq develop ar subdivide lend for residential ntbdivisions, manufacwW housing eommtmida, muld.tmit reddmtial developments, busium parks a other shnilar um that uttl" Ott-Site Sewage Fscilitia for Waage disposal shall submit an Oo-Site Sewye Fed* fatpect Plan to the City of Denton lbr review and approval concurrent with the land developotent and subdivision regulations cmWrted in this chapter. (b) The On-Site Sewsge Facility Impod Plan shall include the fotlowing infomution: J~ ~ I I t i ' e (i) A site plan of development drawn to acme indicating the location of water welLe. lakes, ponds, streams, and public sours areas. (ii) A topographic map and 100-year tloodplain map. (iii)A report Indicating soil conditions, type of OSSF proposed for use and the manner of addressing, OSSF replacement arm. (iv)the impact plan shall indicate the compah'bi4ty of the OSSF with area-wide dnhuge and groundwater. (c) The City of Denton will provide a written response to the submitted On-Site Sewage Facility Impact Plan within 4S days of receipt cFCRON R. That any person violating any provisions of this ordinance shall upon conviction, be fined a tun not exceeding $2,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense, gvCrrn9 m. That If any section, subsecdorh pusgraph, sentence, clause, phrase, or word in this ordinance, or application thereof to any person or circumstances Is held invalid by any court of competent jurisdiction, such hotdlag shall not affect the validity of the remaining portions of this ordinance, and the City Council of die City of Deotok Terns hereby declares it would have eructed such remaining portions despite nay such invalidity, cnrr ON tV. That this ordimsoce shall become effective fourteen (M) days kom the data of its passage and the City Secretary is hereby directed to cause the eapdon of thin ordinuxe to be publidrod twice in the Denson Recont4Mrookle, a dilly newspaper publisbed In the City of { Denton, Texas within ten (l0) days of dW data of its pesuge. PASSED AND APPROVED THIS DAY OF _ 1999. 1 1ACK MRM MAYOR ATTEST; 1ENNITER WALTERS, CRY SECRETARY r /~0 ly /r' BY; APP OVER AS TO LEG WORM: HERBERT L. PROU Y, CTTY ATTORNEY 60 c~ I r. , r. BY, ODg1L74w 1 N M 1"01 1 i i I i 1 1 , r i ' i1 t it l• APO Mx. J 1 p~y~I13-99 AGENDA INFORMATION SHEET AGENDA DATE: April 13,1999 DEPARTMENT: Finance CM/DCM/ACM: Kathy Dullose ~ SUBJFCTT3 Receive a report, hold a discussion, and give staff direction regarding a special Citizens Advisory Committee to study capital improvement needs and make a recommendation for projects to include in a January 2000 bond election. BACKGROUND: Council appointed a Citizens Advisory Committee in 1995 to study capital improvement needs and make recommendations for projects to be Included In the 1996 Bond Program. The committee was composed of seven appointments per Council Member and one chairperson appointed by the entire Council, The City Issued the remaining authorized bonds from the 1996 Bond Program this year to complete that program, and it Is now necessary to appoint another Citizens Advisory Committee to study capital Improvement needs and make recommendations for capital projects to be included in a January 2000 bond election. OPTIONS; City Council may appoint a Citizens Advisory Committee and the Chair of the Committee utilizing the same methodology as used in the 1996 bond process or a new methodology as directed by Council, RECOMMENDAT1ONt Staff recommends that Council appoint a Citizens Advisory Committee composed of seven appointments per Council Member with one chairperson appointed by the entire Council. Per Council's direction, staff will provide Council with a resolution authorizing the appointment of a Citizens Advisory Committee at the April 20 City Council meeting, at which time Council may begin making appointments. 1 Staff also recommends that the 1996 Oversight Committee provide Council with a final report and that the Chair and Council Liaison of the existing committee oversee the transition to the new committee of the projecu currently being completed on the current bond program. I MOR AOTIONMVIEW (Council, Boards, Commissions) The attached bond election schedule was previously presented to City Council along with other alternative schedules and was selected as the preferred schedule on which to hold a bond election. spectfuli sub itt ortune Director of 1Clanagement and Budget Prepared by: Kathy Brooks Financial Analyst l r 2 ti t, l' I I I 1 I I I I 2000 BOND ELECTION SCHEDULE April City Council passes resolution creating a Special Citizens Advisory Committee for the Capital Improvement Program. April City Council appoints 50 member citizen committee. May First Blue Ribbon CIP committee meeting; sub-committees appointed. ' May through Subcommittees collect facts, meet with citizen groups, September study needs. September Subcommittee reports forwarded to Blue Ribbon Committee Chairperson. October Subcommittee chairs and Blue Ribbon Chair reduce project list and finalize proposed projects for each year. i October Full Blue Ribbon UP Committee votes on approval of final CIP list. October Planning and Zoning Commission votes on approval of Blue , Ribbon CiP Committee report of five-year plan. November City Council receives the Blue Ribbon C I P Committee report of five-year plan. November City Council holds a public hearing on the proposed CIP recommendations. i Tuesday December I City Council passes an ordinance calling for a bond election on January IS. Monday Iecember 13 Press conference held, Saturday January IS Capital Improvement Bond election held. t ~ AW48 NULL' ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 99-057, AS AMENDED, ORDERING AN ELECTION TO BE HELD ON MAY 1, 1999 AND THE AMENDING ORDINANCES, FOR THE PURPOSE OF SUBMITTING TO THE REGISTERED VOTERS OF DENTON, TEXAS AMENDMENTS TO THE DENTON CITY CHARTER BY AMENDING AMENDMENT NO. 25 AND PROPOSITION NO. 16 TO CLARIFY THAT THE AMENDMENT REFERS TO CITY OFFICERS AND EMPLOYEES; TO AMEND PROPOSITION NO. S TO MAKE A MI- NOR CHANGE M WORDING; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Attorney has found it necessary to make a change to Amendment No. 25 and Proposition No, 16 to clarity that the reference is to City officers and e-nployees, and to make a minor non-substantial word insertion in Proposition No. S; and WHEREAS, the City Council deems it in the public interest to amend the ordinance to make change; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Section 1, Amendment No. 25 of Ordinance No, 99-OS7, passed by the City Council on February 16, 1999, as amended, is hereby amended to clarify that the amend- ment refers to officers and employees of the City so that Amendment No. 25 hereby reads as follows: AMENDMENT NO. 25 That Article XIV of the Charter shall be amended by amending Section 14.04 "Personal interest" so that the same shall hereafter read as follows: Sec. 14.04. Personal Interest. i is or by the G4" Feny 4e~a4erle eFAcer or emp;eyee. A it toy thereof shall ferfeiihis effiee et p isiliem, Any officer or em. and my OrAe ployee of „tie Ctry havdnl, a substantial interest In a business entity sr real property, as those terms are dcJined in charter 171 of the Texas Local Government Ccde as is now nads or may hereaJier be amended, shall romply with chapter 171 and, ifnecessanv, shall abstain from voting on a matter involving the br,sfness entity or real property and file an afJidavft setring0brth the substantial interest in the matter to be voted upon. SECTIQN I . That Section Ii, Proposition No. S of Ordinance No. 99.057, passed by the City Council on February 16, 1999, as amended. is hereby amended to Insert the word "to" be. v t' i a tween the words "and" and "have" on the third tine so that Proposition No. S hereby reads as fol lows: I PROPOSITION NO. S -b1uniciQal !I tion~: Shall Article If and Article III of the City Charter be amended by amending Section 2.02 requiring each member of the Council to be a registered voter and to have the minimum eligibility requirements for a municipal officer set forth in the state law, reside for one year prior to the election in a single member district for which the per. son is running; to eliminate the requirements that a councilmember not be in debt to the City, not be interested in the emoluments of any contract or transaction with the City, and not be an officer or director of a public service corporation, and to require forfeiture of the office upon ceasing to orequire municipal elections t or to upon conviction of a felony; be held on uniform election bates in accordance with apple a3.01 ble laws; by amending Sections 3.02, and 3.04 to acknowledge awareness of nepotism laws In the petition to nominate a candidate for councilmember, changing the required number of signatures on the petition, and to require canvassing and the holding of a runoff election in compliance with applicable laws? SECTION. That Section 11, Proposition No. 16 of Ordinance No. 99.057, passed by the City Council on February 16, 1999, as amended, is hereby amended to clarify that the propo- sition refers to City officers or employees so that Proposition No. 16 hereby reads as follows: PROPOSITION NO. 16 - Conflict of Intere t: Shall Section 14,04 of Article XIV of the City Charter be amended by eliminating the current conflict of interest requirements and substituting the requirement that any City officer or employee having a substantial interest in a business en• d tity or real property , as those terms are defined by chapter 171 of the Texas Local Government 1 Code, shall comply with chapter 171 and, if necessary, shall abstain from voting on a matter on which the person has a substantial interest and file an affidavit setting forth the substantial inter- est in the matter to be voted upon? SECTION 1V, That all prior actions by the City Secretary and other City employees In preparing the ballot, providing notice of the election, and any related activities whi:h Incorpo- rated these changes are hereby ratified and approved. SECTION V. That save and except as amended hereby, all the sections, subsections, paragraphs, sentences, clauses, and phrases of Ordinance No, 99.057, as amended by Ordinance Not. 99.086 and 99.100, shall remain in full force and effect. SECTION V , That if any section, subsection, paragraph, sentence, clause, phrase or ,vord in this o lh;.mce, or application thereof to any person or circumstances is held invalid by any court of cumpctent jurisdiction, such holding shall not affect the validity of the remaining r' portions of this ordinance, and the City Council of the Citv of Denton, Texan hereby declares it ' t would have enacted such remaining portions despite any such invalidity. SECTION VI[. 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 se. I Page 2 I U u F i cordant~ with provisions of the Texas open meetings law, T". Gov't Code ch. $51, as ameneed, arA that a quorum of the City Council was present, SECTION XI11. That this ordinance shall become effective immediately upon its pausge and approval. PASSED AND AT PROVED 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: ~x.~LLIPDWiLLOLOir Crtrrnni~gJnMrMiAna1 rw f la 4 Pose 3 thy. :.4 t' I I l ORDINANCE NO. AN ORDINANCE ORDERING AN ELECTION TO BE HELD ON MAY 1, 1999 IN CON. JUNCTION WITH THE REGULAR CITY COUNCIL ELECTION FOR THE PURPOSE OF S THE UBMITTING TO THE REGISTERED VOTERS OF DENTON, TEXAS AMENDMENTS TO OF PUBLIC OUTILITIES; CREATING NEW UTILITIES; AND ALIENATION AOMAJORITY VOTE FOR ANNEXATION; QUALIFICATIONS OF CANDIDATES FOR ELECTIONS; PROCE- DURES FOR HOLDING ELECTIONS; AUTHORIZING PUBLIC UTILITY FRANCHISE CHARGES; SETTING PROCEDURE FOR ADOPTING A BUDGET; DELETING CERTAIN PORTIONS OF ARTICLE VIII "REVENUE AND TAXATION"; CORRECTING REFER- ENCES TO APPLICABLE LAWS; REMOVAL OF THE BOARD OF ADJUSTMENT, PUB- LIC UTILITIES BOARD, AND PARKS AND RECREATION BOARD FROM THE CITY CHARTER AND EXPANDING THESE BOARDS TO SEVEN MEMBERS; PROVIDING NOTICE OF CLAIM PROCEDURES IN COMPLIANCE WITH STATE LAW; ELIMINAT- ING PLANNING COMMISSION RECOMMENDATIONS ON SALES AND PURCHASE OF PROPERTY AND OR UTILITY CAPITAL IMPROVEMEN'T'S; PROVIDING THAT THE CHARTER SHALL BE GENDER NEUTRAL; DESIGNATING THE PLACE OF HOLDING j SUCH AN ELECTION; NAMING THE OFFICERS THEREOF; PRESCRIBING THE FORM OF BALLOT; PROVIDING FOR NOTICE; PROVIDING FOR PUEtICAT!ON OF NOTICE OF 1111S ELECTION; PROVIDING A SEV2RABILITY CLAUSE; ?RO1 IDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, the Denton City Charter was last amended in 1979; and WHEREAS, many changes in the law, especially the Texm Local Government Code and other laws that affect municipal corporations like the City of Denton, Texas, have made It neces• tary to amend the Charter to make it conform with changes In law during the last twenty yens; and WHEREAS, the City Council desires to make changes In the Charter to eliminate from the charter and expand the membership of several boards, facilitate its ability to sell, alienate, or expand its public utilities, to make the Charter gender neutral, and to make other administrative changes; and WHEREAS, the City Council deems it in the pubL'a Interest that the City Charter be to amended; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, SECTION I. That, In accordance with the provisions of Tex, Loa Gov't Code 19.04, there shall be submitted to the voters of the City of Denton, Texas, at the regular City electron to { !r' be held on May I, 1999, the following amendments to the Home-Rule Charter of the City of Denton, Texas, which are shown by showing those portions which will be retained In normal I i type, the deleted text in the existing Charter being shown as strikeouts, and new or additional text shown by italics: AMENDMENT NO. I f That Article I of the Charter shall be amended by amending Section 1.03 "Extension of city limits" so that the same shall hereaAcr read as follows, Sec. 1.03. Extension of city limits. The City Council, by a vote of not less than fawn fifths (44 a majority of its member. ship, shall have the power by ordinance to provide for the alteration and extension of said boun- dary limits, and the annexation of territory lying adjacent to the City, with or without the consent of the inhabitants of the territory ..inexed. Upon the introduction of any such ordinance to the City Council, such ordinance shall be published one time in the official newspaper of the City of Denton. Amendments may later be incorporated into the proposed ordinance by a vote of not less than fear fiks (44) a majority orthe membership of the City Council and publication one time in the official newspaper of the City of Denton. The proposed ordinance, or any amendment thereof shall not thereafter be finally acted upon until at least thirty (30) days after the publica- tion thereof; and upon the final passage of any such ordinance, or any amendment thereto, the boundary limits of the City shall thereafter be as fixed thereby. When any additional territory has been so annexed, same shall be a part of the City of Denton, and the property situated therein shall be subject to and shall bear Its pro rata part of the taxes levied by the City, and the inhabi. tants thereof shall be entitled to and shall possess all the rights and privileges of the citizens of the City of Denton, and shall be under obligations as such citizen..+. AMENDMENT NO, 2 That Article 1 of the Charter shall be amended by amending Section 1.05 "Powers of the city" so that the same shall hereafter read as follows; Sec. 1.05. Powers of The city. The City of Denton shall have and may exercise all the powers granted to cities by the Constitution or laws of Texas including specifically those powers made available to cities of more than rive thousand (5,000) inhabitants by what is known as the Home Rule Amendment to the constitution of Texas (Article XI, Section 5 and the Homo Rule Enabling Act (Ghaplef 1;, i'errton "i Texas Codas Anno- tated, Texas Local Government Code Section 5,004, Chapter 9, Chapter 16, and Si.behapler B of l Chapter 51), as these lvivs now read or may hereafter be amended The City ma; acquire prop- arty within or without its corporate limits for any municipal purpose; may cooperate with the x govermaent of Texas or any agency thereof, or with the federal got emment or any agency there- i of, or with the government of any county, city, or political subdivision to accomplish any lawful purpose for the advancement of the health, morals, safety, convenience, or welfare of the city or its Inhabitants; may sell, lease, mortgage, hold, manage, and control such property as Its Interest Page 2 C. I may require; provided the City shall not sell, convey, lease, mortgage, or otherwise puer.ate the entire assets of any public utility system or any portion thereof essential to continued effective utility service without the prior approval by a majority of the qualified voters of the City who vote at an election held far this purpose; and may exercise the power of eminent domain when necessary or desirable to carry out any of the powers conferred upon it by this Charter or the Constitution or laws of Texas. The enumeration of particular powers in this Charter shall not be held or deemed to be exclusive, but in addition to the powers enumerated herein, implied thereby or appropriate to the exercise thereof, the City shall have and may exercise all other powers which under the Constitution and general laws of this state it would be competent for this Charter to specifically enumerate. AMENDMENT NO.3 That Article 1 of the Charter shall be amended by amending subsection (d) of Section 1.06 "Liabilities, exemptions, and limitations", so that the some shall hereafter read as follows: Sec. 1.06. Liabilities, exemptions, and limitations. (d) The City of Denton shall never be liable for death or personal injury of a person or for property damages of any kind unless within deist oO) ntiety (90) days aller the occurrence tlwWcausing the damage, death, injury, or destruction it notice Its writing by or on behalf of the person injured or claiming damages, ijliving, or the person's representative, If dead, or the owners of the property injured or destroyed is delivered to the city manager stating speciftcally and accurately In complete detail when, where, and how the exact death, injury, destruction, or damages occurred, the full extent A@roef of the injury, the basis of the claim, and the amount of stret ages number on the date the clam i presented, shall thatro e residencee ofehe residence claimanij r the claimant sic (6) months immediately preceding the occurrence of the death, injury, or destruction, and the names and , addresses of all witnesses that are known at the time upon who it t.r Pelted to establish the claim or damages; provided, however, nothing in thls subsection shall be construed to affect or repeal the provision In subsection (e) of this section refuting to the liability of the City for damages on account of lnjuries received on the public streets, highways, alleys, grounds, public works, and public places of the City. AMENDMENT NO.4 That Article I of the l :garter shall be amended by adding a new, Section 1.07 "Oender neutral" so that the same shall herealer read as follows: See. 1.01. Gen ter neutral t t R cnerer used in this Charter, a word Importing the masculine gendar only shall extend C and be applied to Include jeinales, and, where applicable, to firms, partnerships, and corpora- tions, as well as males, 4. page 3 i c: III ~I I 1 I I I I it AMENDMENT NO.5 { That Article If of the Charter shall be amended by amending Section 2.02 Qualifications" so that the same shall hereafter road as follows: Sec. 2.02. Qualincatlons. (a) Each member of the Council, in addition to having the other qualifications prescribed by law: (t) Shall be a e~tefified vateFef registered to vote to the City; I (2) Shall have resided for at least one year next preceding his or her elecffon v ithin the corporate limits of Denton and, if running within a single member geobrophic district as ref forth in Section 2. 01, In the district in which elected; due the Cityt (4) (3) Shall not hold any other public office of emolument; (4) Shall have and maintain the eligibility requirements jor municipal officers set forth in Section 141,001 of the Texas Election Code, Vernon's Texas Civil S01wies Anrciated hereinifier referred to as "Election Code" as it may now read or hereaftr be amended. (S) Ekaff net-beinfero , fAM@6aj8, SUP . plies, a! equipfflemaj "d wMeut the City b"! mmiing tithabetd"Id 1-ity; ne~shaFlMaretMewssK eft (b) If a member of the Council shall, al7er being elected, cease to possess any of these qualifications or eligibility requirements, or shall hold another nice of emolument, or enter a plea of guilty to a felony, or be convfc!ed of a felony he or she shall immediately forfeit his or her office. AMEWMENT NO.6 That Article if of the Charter shall be amended by amending Section 2,04 "Vacancies In d council" so that the samo shall hereafl,.r read as follows: t Cage 4 Sec. 1.04. Vacancies In council Where a vacancy in any place on the Council shall occur, the vacant place shall be filleded i I in a special election, and, where necessary, by a runoff election, in the same manner as pro d vin this Charter for the regular election of the councilperson. Such special election shall be held on 6_8194wl creation o the ~chc* t " r der she ehlrrize day Jm relec betion ate eollo i is are dered and The runoff election, where necessary, shall be held in accordance with the requirements ofthe Election Code and all other appli. cable laws; provided, however, that where a vacancy shall occur within one hundred and twenty (120) days of a regular election, no special election to till the vacancy shall be called, unless more than one vacancy occurs. AMENDMENT NO.7 That Article III of the Charter shall be amended by amending subsection (a) of Section 3.01 "Municipal elections" so that the same shall hereafter read as follows: See. 3.01. Municipal elections. (a) The regular election for the choice of members of the City Council as provided in Article 11 shall be held each year on the first Saturday in April May or on any other uniform election day for municipcr elections established by the Election Code, The council may by resolution or ordinance order special elections which shall be held as nearly as practicable ac- cording to the provisions for a regular election. The hours and places for holding all City elec. tions shall be determined by the City Council All elections shall be conducted in accordance with the Election Cade and all other applicable laws as they now read or may hereq/!er be amended. AMENDMENT NO, 8 That Article III of the Charter shall be amended by amending subsections (a) and (b) of Section 3.01 "Nominations" so that the same shall hereafter read as follows: Sec. 3.01. Nominations, (a) Anrot y qualified person may have his or her name placed on the ballot as a candidate ncilmember City S e than nor lessthan irt u(30) days p or ul t he date othe f election~antapplicationrn substantially the fol- lowing form: t 1' - do hereby dechre that I am a candidate for the Council of the ( l City of Denton and request that my name be printed upon the official Ballot for that of. I rice in the next City election, 7 am aware of the nepotism law, chapter 573 of the Gm, 1 I Pale 5 t' ernment Code. I am qualified to seine on the Council with respect to the qualifications set forth in the Charter. I reside at , Denton, Texas. i Signed The foregoing petition was filed with the City Secretary on the day of City Secretary (b) As an alternative method, any qualified person may be nominated for eeunei;rAw councilmember by a written petition signed by thirty (39) the greater of twentyfitV (13) qualified voters of the City or one-half of one percent of the total vote received by all candidates for mayor in the most recent mayoral general election, provided the candidate signs the petition cer- tifying his or her acceptance. One such petition shall be circulated and signed for each nominee or candidate. With each signature shall be stated the place of residence of the signer, giving the street and number or other description sufficient to identify it. Nominating petitions shall be filed with the City Secretary not more than ninety (90) days nor less than thirty (30) days before the election day, and shall be in substantially the following form: We, the andersigned electors of the City of Denton, hereby nominate whose residence address is as a candidate for Gounellrman Councilmember of the City of Denton, to be voted for at the election to be held on the _ day of ; and we individually certify that we are qualified to vote f)ra candidate for the Council. Name Address Date of Signing (Spaces for 044y-439) the greater of twenty fire (15) or one-half of one percent of the total votes received for candidates for Mayor signatures and required data) Acceptance of Nomination I am qualified to serve on the Council of the City of Denton with respect to the qualifica- tions set forth in this Charter. I hereby accept the nomination for Ceumeilrmem Council- member and agr:e to serve if elected. t R , Signature of Candidate 1 l' { Page 6 t Statement of Circulator The undersigned is the circulator of the foregoing petition containing tlk* signatures. Each signature was appended thereto in my presence and is the genuine sig- nature of the person whose name it purports to be. Signature of Circulator Address of Circulator The foregoing petition was filed with the City Secretary on the day of City Secretary AMENDMENT NO.4 That Article III of the Charter shall be amended by amending subsections (a) and (b) of Section 3.04 "Canvass: Election returns, results" so that the same shall hereafter read as follows: Sec. 3.04. Canvass, Election returns, results. (a) Immediately after counting the votes, the presiding judge shall deliver the official returns of the election to the City Secretary. On !he mem Tuesday felle%ing the eleetion Not earlier than the third dqv or later rhar the sixth day after the election or as otherwise required by the Election Code and all other applicable laws, the City Council shall canvass the returns and declare the results. The returns of every municipal electic r, shall be recorded in the minutes of the Council. (b) The candidates receiving the majority of the votes cast for each place shall be de- dared elected. If no candidate receives a majority, or if there is a tie for any one place, the Council shall order a seeend runoff election to which shall be held ne-I'ateF Eitm IM (%'Oft~y- ei&h day attef the not earlier than the twentieth or later than the thirtieth day after the date the final canvass of the regular election is completed or as otherwise required by the Election Code and all other applicable lawn. Only the names ,,f the candidates who tie for the highest number of votes cast for that place, or the two (2) candida a who receive the highest nurr')cr of votes with neither having a majority of votes cast for that place, shall be printed on the b.sllot for each election. In the event of a tie vote at the seee n1 runoff election, the candidates who tie shall cast lots in the presence of the City Secretary to determine which one A shall be declared elected, and said lots shall be cast within five (S) days of the seeand runoff 1 ±l ti, elccCon in accordance is irh Section 1.019 of the Election Code and all other applicable laws. i Page 7 c` 1 AMENDMENT NO. 10 That Article VI of the Charter shall be amended by amending Section 6.03 "Municipal coup" so that the same shall hereafter read as follows: Sec. 6.03. Municipal Court. I (a) 'there is hereby established a court which shall be known as the "Municipal Co.. No. 1 of the City of Denton". The Municipal Court No. 1 shall have the jurisdiction and be con- ducted as a municipal court of record in accordance with Vernon Texas Codes Annotated Texas Government Code subchapter FF. chapter 30, §130.1111 through 3n.01133 inclusive and appli- cable slate law as these laws may now read or hereafer be amended. in the mamer prese and awtheeifed by law. All costs and fines imposed by the Municipal Court shall be paid into the City treasury for the use and benefit of the City. ne City Council may, by ordinance, create ad- ditlon,rl municipal courts or municipal court, of record if so authorized under the provisions of applicable law. (b) The Gi4y Municipal Judge shall preside over the Municipal Court. The Eify Munici- pal Judge shall be a qualified attorney-at-law licensed to practice in the State of Texas or a-peF- in good standing and shall have such other qualification as required by subchapter FF of chapter 30 of the Texas Government Code and other applicable laws as these laws may now read or hereafer be amended. He or she shall be appointed by, and shall serve at the pleasure of tl:e Council. The City Municipal Judge shall receive such compensation as maybe fixed by the Council. The Mu. nicipal Judge shall have all the powers and duties assigned to a municipal judge by the Charier, { other City ordinances, subchapter FF of chapter 30 of the Texas Government Cafe, or other ap- plicable state laws. (c) There shall be one regularly sche.+uled session of the court each week and as many other sessions as, in the discretion of the C- 4y .Vunicipal Judge, may be necessary for the timely transaction of the business of the court. (d) The Council may appoint such assistant City municipal judges or additional City mu- nicipal judges as may be necessary to perform the duties of the Municipal Court or a temporary City municipal judge to act for the C- 4y Municipal Judge in the case of his or her temporary ab- sence or disability, and such assistant. additional, or temporary Gi4y municipal judge shall re- ceive such compensation as may be set by the Council. All such assistant, additional, or ter po- rary municipal judges, when appointed, shall have all of the other powers and duties assigned to the AfunicipalJudge herein. AAtENDAiENTNO.I1 4, l That Article VII of the Charter shall be amended by amending Section 7.01 "Property subject to tax" and deleting Section 7,02 "Payment, delinquency, penalties", Section 7.03 "Sei- i Page 8 1 I zure and sale of property for delinquent taxes'", and Section 7.04 `"fax lien', and renumbering the remaining sections of Article VII accordingly, so that the same shall hereafter read as follows: Sec. 7.01. Property subj"I to lax. The City Council is authorized to levy and collect tares, to seize and sell properlyfor de- linquent taxes, to create tax liens, and to exercise all other powers and authority pursuant to the Tax Code, Vernon's Texas Codes Annotated and all other applicable laws as they now read or may hereafter be amended. seeibed ?Mete law. at any time ,.Aef t' a tax the . . M e been ear pleie 1 whie h shall be so! lai°- than Aetebet-1. (b) All W pip aid iftotes shall become delliAqwen! as of jamman, N of !he )eat folio ngtheie Sees 7M, Selmore and Mile Of PFOPMY for delisquen! fimes 58696, oil delinquent wos and penalty "and WeFes! therm.. aa4. and pleee of the sale by posting a mAVAiten naliee At thec-41). hall deef and inser4ifis another Mefieq in the affleia; new9papef efibe City ef Denten ai least ten (19) days befere !be Me the sales e4imk iei-r Page 9 The assesser and eellesief may sales, levy upen and sell m4raperly is sthieb- d_ - here-fi-fleff amended, Of4he Re, GM! S._....es efthe gisie a fTemse 1925. i See ;1041 Tam Wo for, r amount eF all due and u Maid !;;as le~4@d by The City: The lion shall exist fiem lanuoy 1 a r eash 5-O&F until the fames are paid. Two 120" shall be priep !a all ellief elliffie, Md me lift; easirmen! or omsfer efany kind, eejudioiall wAt of", kind, shall asoet defeat @web lieft AMENDMENT NO, 12 That Article VIII of the Charier shall be amended by amending Section 8.04 "Public hearing on budget" so that the same shall hereafter read as follows: See. 9.04. Public hearing on budget. The Council, shall hold a public hearing on the proposed budget ' e:f. Any taxpayer Penang shall be given M OPP8141inity ie be heard, rep of of the municipality may attend and may participate In the hearing, which shall be sel for a date after the 15'4 day after the date the proposed budget Is f led with the ritysecretary but before the date the City Council makes its tax levy. The Council shall provide for public notice of the date. time, and location of the hearing. In addition to thts notice, the City Council shallpublish notice before the public hearing related to the budget in at least one newspaper of general circulation in Denton County. This notice shall be published not earlier than the thirtieth or later than the tenth day before the date of the public hearing. The City Council shall provide such other notice as may be required by state and all other applicable law. The City Council may make such changes In the budget that it considers warranted by the law or by the best interests of the mu- nicipal taxpayers budget as eppeet desiFeble and may increase or decrease the items of the budget provided the total pro- posed expenditures shall not exceed the total ant;cipated revenue, AMENDMENT NO. 13 That Article Vlll of the Charter shall be amended by amending Section 8.05 "Adoption of budget" so that the same shall hereafter read as follows: Sec. 8.65. Adoption o' budget. rr the budget shall be finally adopted by the favorable votez. of at least a majority of all members of the Council oil eestr offer the conclu- sion of the public hearing. Should the Council take no final action at the conclusion of the public Page 10 J I i~ ill I hearing and leas! ien (19) days before the end of the fiscal year, the budget as submitted by the City Manager shall be deemed to have been finally adopted by the Council AMENDMENT NO. 14 That Article Vill of the Charier shall be amended by amending Section 8.07 "Transfer of appropri at ions" so that the same shall hereafter read as follows: See. 8.07. Transfer of appropriations. At any time during the fecal year, the City Manager may M my time transfer anypart of the unencumbered appropriation balance or pe"ien the entire balance thereof between programs or general classifications of expenditures within an office, department, Of agency, or organiza- tional unit. At any time during the fiscal year, at the request of the City Manager and within the year the Council may by resolution transfer any part of the unencumbered appropriation balance or pekien the entire balance thereof from one office, de- partment, er agency, or organizational unit to another, AMENDMENT NO. IS That Article 1X of the Charter shall be amended by amendir-i subsection (a) and deleting subsection (d) of Secti(.n 9.01 "Power to issue bonds" so that the same shall hereafter read as follows: See. 9.01, Power to Issue bonds. (a) The City of Denton shall have the right and power to issue general obligation bonds to finance any capital project which it may lawfully construct or acquire or for any other legiti- mate public purpose. The general obligation bonded debt of the City shall only be increased by the consent of the majority of the qualified voters of the City voting at an election held for that purpose. A band election shall be ordered and notice ghwn by ordinance, consistent with the requiren: en is for holding elections set forth in Article Ill of this Charter and in accordance with the applicable laws of the State of Texas as they now read or may hereof er be amended (b) The City shall have the power to issue ret,eaue bonds against the anticipated reve- 7 ties of any municipally-owned utility or other self-liquidating municipal function to pay the debt incurred on account of such utility or function. In no event shall revenue bonds be consid- ered an indebtedness ofthe City not be repaid from bonds secured by taxation. (c) No binds or warrants shall be issued to fund any overdraft or iudebledness incurred t for current expenses of the City government. A t, ✓ la nenbinding-referend:rm eltelien has been held to deiewAiaa sp prevel eFdis eleelien* i Page l1 i AMENDMENT NO. 16 That Article IX of the Charter shall be amended by amending subsection (a) of Section 9.02 "Bond ordinance and election" so that the same shall hereafter read as follows: i Sec. 9.02. Bond ordinance and election. (a) After approval by a majority of the qualified property taxpaying voters voting at an general obligation bond election called for the purpose of authorizing the issuance of bendegen- eral obligation bonded debt, the City shall authorize the issuance of such bonds by a bond ordi- nance passed by an affirmative vote of a majority of all members of the Council. The City Council may approsr the Issuance of rerrnue bands without an election by authoriang the trsu- ance of such bonds by bond ordinance passed by an affirmative svie of the majority of all mem- bers of the Council. AMENDMENT NO, 17 That Article X of the Charier shall be amended by amending subsection (ax6) Section 10.03 "Planning and zoning commission: Powers and duties" so that the same shall hereafter read as follows: See. 10.03. Pis ruing and zoning commission: Powers and duties. (a) The PIaruting and Zoning Commission shall: (6) Submit annually to the City Manager, not less than ninely (90) sixty (60) days prior to the beginning of the budget year, a list of recommended general obliga- tion capital improvements which in the opinion of the Commission ought to be constructed during the forthcoming five (5) year period. (Such list shall be ar- ranged in order of preference, with recommendations as to which projects should be constructed in which year, and the City Manager shall forthwith furnish a copy of such recommendations to each member of the Council.) AIIIENDMENT NO. 19 That Article X of the Charter shall be amended by amending Section 10.05 "Legal effect of master plan" so that the same shall hereafter read as follows: t See, 10.05. Legal effect of master plan. 1 r ; No street, park, or other public way, ground or space, no public building or structure and no public utility whether publicly or privately owned, shall be constructed or authorized in the City, City, nep shall my real ppopeny be oequired by the until and unless the location and extent Page 12 Y I R thereof shall have been submitted to and approved by the Planning and Zoning Commission; provided that, in case of disapproval, the Commission shall within thirty (30) days communicate its reasons to the Council, which shall have the power to overrule such disapproval, and, upon such overruling, the Council or the appropriate office, department, or agency shad have the power to proceed. ' , The Atideriing, er ehaigge in !he use of any street or the sale OF" -Ceumil AMENDMENT NO. 19 That Article X of the Charter shall be amended by amending Section 10.07 "Board of Adjustment" so that the same shall hereafter read as follows: Sec. 10.07. Board of Adjustment. ~l (a) "ere shall be a beard *efBdjus(FneM-mhieh shall eansis! of &-e (5) members who, gin' it rig AeFeefshall be mmide"Is 9A GiIy of Demen. :;hey shall be appointed by the a etd 1".9 (2) Ineffibeps, efteh evell Mbri-~beped yeaF. 4~hey shall serve wilhev! pay. 'The board of 048 {V.T.G.A., L -a4 6,3yetmen! Code 1212.009 e4 seq.1, Be mew or hereefier arnanded. All meeiings e€ the bead oriall be! M the eel! of the haimm, who shall be dwigwed by the Ge open te the publie. :Me beard shall keep rAinuies of iis liFeeeedings, shevArig the Vew of eeeh I membeupon _evet order, Seereimy shall e%16-1'e gVPO-Ard. 1 K ing 18 M5'SUeh PeF960, Md Oki! Said hearing, if !be beard efadja9tmen! is of the opinion that the 've effieial is iriequiteb a arid unjasi, it shall tlro dinance, The City Council shall by ordinance es!.3blish a Board of Adjustmeni which shall consist of at least ses-en (7) members u 6o shall hate, tli quc t, 7catiom, poi4vrs, and duties and serve for r the terms provided by the City Council in an ordina a orating the Board. Ali current members of the Board of Adjustmau and the Board shah co,.tinue to serve under the current provisi ins o (l the City Charter until such ordinance creating the Board is enacted and effective. Page 13 r e AMENDMENT NO. 20 That Article XI of the Charter shall be amended by amending Section 11.02 "Park and Recreation Board" so that the same shall hereafter read as follows: Sec. 11.02. Park and Recreation Board. (a) There As!! be 'a park and reereeiien berad whieh shall consist of five Sj-residen! (2) years, provided Afee (3) tonernbere shall be appoinled oath add numbered yew and two (2 , ond he shall serve fef one (1) 5-sor or ung Me suseinisgr is eiseted and qualified. ;he board shall members eaeh even awribered year, The board shall aloe! its shailman Inern amorg its serve VAINeut pay-, and shall adep! gush ru;es se me), be "oesesery fee the "Sulation of im busi ness and affairs. The City Council shall by ordinance establish a board which shall advise the Cot, icil on parks and recreation and which TAall consist of at least seven (7) residents of the City who shall have the qualifications, duties, and powers and sense for the terms provided by the City Council in the ordinance creating the board. All current members of the parks and Rec- reation Board and the Board shall continue to serve under the current provisions of the City Charier until the ordinance creating the Board is enacted and effective (h) As beard shall serve in an advisory eapseily is the diresier eFVsrIW arid As beard and the diveeiep shall moo! bitnenthly and at sueh other iinies w the beard May* reseiuk deterraine. Tbs board shall submi! !a I-ha CAI-mail An Annual PIP814 of jig epere+ene it m"' deem appreprisa a. endeavor is imerliFe! the work of the poA and Feepeatian departmen! and !a prinnele eiess seep and reerentienaH shall pass eut of e*isienee as seen as i-he members At 4he -a... beard p-Svided for here!" hove i been appointed and qualified. I I i I ! I AMENDMENT NO. 21 I Ttat Article X11 of the Charter shall be amended by amendirg subsection R t of Section r 12.01 "Gereral powers respecting utilities" so that the same shall hereaR•.r read as follows: Page 14 f t Sec. 12.01. General powers respecting utilities. (b) in t.ddidon to such public utilities as it may now own, the City of Denton may own, ac- quire, construct, maintain, and operate any other public utility 1W may be appreyed by a F"086 ; and shall have 1 power for the purpose of operating and maintaining any such utility, and for distributing such saw ice throughout the City or any portion thereof, but in sueh any condemnation proceedings brought to acquire such public utility no allowance shall be made for the value of any franchise and only the actual physical assets shall be purchased by the City. AMENDMENT NO. 22 That Article X11 of the Charter shall be amended by amending Section 12.04 "Disposal of utility properties" so that the same shall hereafter read as follows: Sec. 12.04. Disposal of utility properties. No sale, conveyance, lease, or dispesel other alienation of the entire assets of any utility system or any part thereof essential to continued effective utility service, shall ever be made un• less such sale, lease, or disposal is approved by a majority vote of all the qualified eleelers roters toting In an election held for that purpose in the City of Denton. AMENDMENT NO. 23 That Article X11 of the Charter shall be amended by amending Section 12.07 "The public utilities board" so that the same shall hereafter read as follows: Sec. 12.07. The public utilities board. (a) There is hereby created a public utilities board to be composed of ewe-M seven (7) members, or as many members as there are councilmembers, whichever is greater, appointed by the Council for four-year terms and until their respective successors hove been appointed and qualified, previded 11101 1110 f1A0MbeF9 of !he Ant beafil appoifoed undef this pmiisien shall a . term, one . Mem- bets of the board may be removed by the Council only for cause and only after charges have been filed and published and the member has been given a reasonable opportunity to defend himself in an oper public hearing before the Council. Vacancies shall be filed for any unex- pirrd term in the sane manner as provided for regular appointmnents. (b) The city manager and director of utilities shall be ex officio members of the board. i They shall attend all meetings of the board and shall have the right to discuss any matter that is under consideration by the board but shall have no vote. Page I5 j _ ~ I i (c) Members of the public utilities board shall have the same qualifications as are re- quired by membership on the City Council. (d) At its organizational meeting, and annually therealter as soon as the newly appointed member (or members) has qualified; the board shall select from its own membership a chairman, vice-chairman, and secretary. Any three (3) of the regularly appointed members shall constitute a quorum. The board shall determine its own rules and order of business. The board shall meet at least once each month; all meetings shall be epee !mite publie conducted In accordance with the Texas Open deetings Act, chapter 35 1 of the Texas Government Code, as it may now read or hereafter be amended and all other applicable laws and a permanent record of proceedings i maintained. AMENDMENT NO.24 That Article X111 of the Charter shall be amended by amending Section 13.03 "Franchise tax" so that the same shall hereafter read as follows: Sec. 13.03. Franchise ftsifee. The holder or grantee of any franchise or license to use public streets, alleys, highways, or other public property may be requirtd, as compensation for the right or privilege enjoyed, to pay to the City of Denton each year such reasonable sum (not less than two percent (2°o) of the gross receipts of the business pursued by the hvIder of the franchise earned for service rendered in the City of Denton), or to pay compensation, rent, or any other fee or charge authorized by law, Including, without limitation, specifrc charges per service line, access line fees, and all other legally permissible charges for the use of its streets, alleys, highways, and other public property, as the Council may determine by ordinance or by contract with any such utility, which compensation shall be in addition to all ad valorem and corporation taxes paid by the utility. AMENDMENT NO. 25 That Article XIV of the Charter shall be amended by amending Section 14.04 "Personal interest" so that the same shall hereafter read as follows: Sec. 14.04. Personal interest. No effleef er empleyee efthe City of Demen shall hey" P.Me"201 interest, diree! er irt- ,diFeet, in the 3file to o' `y •r by !be Gtr y ;sn4, fnateABlg, supplies 9F 9 ~ City as an aiet~ef~ki! 5er reasmee in effree, eel ei y effieerer-empleyee goiky therm ' ' . Any oylcer or em- a- 1 ployce of the City having a substantial interest in a bw iness entity or real property, as those ! l terms are defined in chapter 171 of the Texas Local Government Code as it now reads or may r/ hereafter be amended, shall comply with chapter 171 and, if necessary, shall abstain from tiroting Page 16 a on a matte; involving the business entity or real property and file an affidavit setting forth the substantial interest in the matter to be voted upon. AMENDMENT NO.26 That Article X1V of the Charter shall be amended by amending Section 14.13 Amending the Charter' so that the same may hereafter read as follows: Sec. 14.13. Amending the Charter. Amendments to this Charter nay be framed and submitted to the voters of the Ciiy in the manner provided by 8hapw 13, cede-2$-ef tl ReAsed C-04 Smoke of the 6we 44xea, +M Vernon's Texas Codes Annotated, Texas Local Govern vent Code Chapter 9 and all other applicable laws, as they now read or may hereafter be amended. SECTION It. That the form of the ballot shall be substantially as follows: PROPOSITION NO. I - Annexation: Shall Section 1.03 of Article I of the City Charter be amended to substitute the requirement of a majority vote of the City Council for the current four- fifths vote of the Council necessary to annex land or otherwise alter the City of Denton's boundaries? YES NO PROPOSITION NO. 2 - Disposal of Utilities; Shall Section 1.05 of Article I of the City Charter and Section 12.04 of Article XII of the City Charter be amended to provide the: the City may not sell, Icase, mortgage, or otherwise alienate the entire assets of any utility system or any essential portion thereof without the approval of a majority of all the qualified voters voting at an election held for that purpose and to correct statutory references? YES _ NO I PROPOSITION NO.3 - Notice of Claim: Shall Section 1,06 of Article 1 of the City Charter be amended to increase the thirty-day notice of claim for personal irJury or property damages to ninety days and to require the claimant to provide his or her residence address, the names and addresses of all witnesses known at the time who he or she relies upon to establish a claim for damages, and other information pertaining to the claim? YES _ NO _ PROPOSITION NO. 4 - Gender Neutral: Shall Article I of the City Charier be amended by r adding a new Section 1.07 so tliat the Charter becomes gender neutral by extending all references In the Charter to the masculine gender to apply also to females and where applicable to firms, partnerships, and corporations? Page 17 J t YES NO PROPOSITION NO. S - Municipal Elections: Shall Article 11 and Article III of the City Charier be amended by amending Section 2.02 requiring each member of the Council to be a registered voter and to have the minimum eligibility requirements for a municipal officer set forth in the state law, reside for one year prior to the election in a single member district for which the per- son is running; to eliminate the requirements that a councilmember not be in debt to the City, not be interested In the emoluments of any contract or transaction with the City, and not be an officer or director of a public service corporation, and to require forfeiture of the office upon ceasing to possess these qualifications or upon conviction of a felony; by amending Sections 2.04 and 3.01 to require municipal elections to be held on uniform election dates in accordance with applicable laws; by amending Sections 3.02, and 3.04 to acknowledge awareness of nepotism taws in the petition to nominate a candidate for councilmember, changing the required number of signatures on the petition, and to require canvassing and the holding of a runoff election in compliance with applicable laws? YES NO PROPOSITION NO.6 - MkLlt c : l Court: Shall Section 6.03 of Article VI of the City Charier be amended to require that Municipal Court No. I be established as a municipal court of record and that the Municipal Judge and all assistant municipal judges be licensed attorneys and have the qualifications and the powers when appointed required by applicable state law? YES NO PROPOSITION NO. 7 - Taxatio : Shall Section 7.01 of Article VII of the City Charter be amended to provide the City's power to lax shall be consistent with the Tax Code and to delete Sections 7.02, 7.03, and 7.04 regarding the paymei collection, levying, seizure, and sale of property for delinquent taxes, delinquency penalties, and establishment of tax liens, and to re- number the remaining sections, so that these matters will be governed by the Tay Code and other applicable laws? YES NO PROPOSITION NO. 8 - Dw[W: Shall Article Vill of the City Charter be amended by amend- ing Sections 8.04 and 8.03 to provide for a public hearing on the budget after the IS' day the proposed budget is filed with the City Secretary but before taxes are levied; to provide for notice to be published in accordance with applicable laws; to provide for adoption of the budget after the public hearing; allowing the proposed budget to take effect if the Council lakes no action be- fore the end of the fisr at vear; allowing Council to make changes in the budget; and amending Section 8.07 to authorize transfer of certain unencumbered funds within and between offices, r departments, agencies, and organizational units during the fWal yeox? YES NO i Page 18 S PROPOSITION NO.9 - H91Jdi: Shall Sections 9.01 and 9.02 of Article IX of the City Charter be amended to require general obligation bond debt of the City to be increased only by consent of the majority of the qualified voters of the City voting in an election for that purpose, and to eliminate the requirement for a revenue bond issue in excess of one million dollars to be ap. proved by a non-binding referendum election? YES NO _ PROPOSITION NO. 10 - Planning Commission., Shall Article X of the City Charter be amended by amending Section 10.03(a)(6) to reduce the number of days prior to the beginning of the budget year that the Planning Commission must submit a list of recommended general obli- gation capital improvements to be constructed during thr. forthcoming five-year period to the City Manager from 90 days to 60 days; amending Section 10,05 to eliminate the requirement for the Planning Commission's approval on all purchases and sales of real property and on widen- ing, vacating, or changing streets? YES NO PROPOSITION NO. 11 - Deletion of Board of Adistu men1*. Shall Article X, Soction 10.07 of the City Charter be amended by deleting the Board of Adjustment from the City Charter and re- quiring that the City Council, by ordinance, establish a Board of Adjustment consisting of at least seven members having the quaiiE.ations, powers, duties, and terms established by the City Council, and providing that the cur•.nt Board of Adjustment shall continue to function under ;nese provisions of the Charier until the ordinance creating the Board of Adjustment is effective? YES NO PROPOSITION NO. 12 - Deletion of Parks Lid Recreation Board: Shall Article XI, Session 11.02 of the City Charter be amended by deleting the Parks and Recreation Board from the City Charter and requiring that the City Council, by ordinance, establish a board to advise the Counc, on parks and recreation matters consisting of at least seven members having the qualifications, powers, duties, and terms established by the City Council, and providing that the current Parks :nd Recreation Board shall continue to function under these provisions of the Charter until the ordinance creating the Board is effective? v. YES NO PROPOSITION NO. 13 - New Utilitles: Shall Section 12.01 of Article XII of the City Charter be amended by w.thorixing the City to own, acquire, construct, maintain, arol operate any other public utility wit'tout the necessity of having that decision approved by a majority of qualified r vo:crs voting therefore at an election held for such purpose? r c YES NO 11,- Page 19 i PROPOSITION NO. 14 - Expansion of Public Utilities Board: Shall Article XII, Section 12.07 of the City Charier be amended by expanding the Public Utilities Board from five to seven mem- bers or as many members as there are councilmembers, whichever is greater, and requiring all meetings of the Board to be held in accordance with the Texas Open Meetings Act and all other applicable Nws? YES NO i ~ PROPOSITION NO. 15 - Franchise Fees: Shall Section 13.03 of Article XIII of the City Char- ter be amended by requiring the granite of any franchise or license to use streets or other public property granted by the City to pay a fee not less than 2% of the gross receipts, or any other fee or charge authorized by law, including access line fees, which the City may legally charge for use of its streets or other public property? YES NO PROPOSITION NO. 16 - Conflict of Interest; Shall Section 14.04 of Article XIV of the City Charter be amended by eliminating the current conflict of interest requirements and substituting the requirement that any City officer or employee having a substantial interest in a business en- tity or real property , as those terms are defined by chapter 171 of the Texas Local Government Code, shall comply with chapter 171 and, if necessary, shall abstain from voting on a matter on which the person has a substantial interest and file an affidavit setting forth the substantial inter- est In the matter to be voted upon? YES NO + PROPOSITION NO. 17 - Statutory Refefence: Shall Section 14.13 of Article XIV of the City Charter be amended to correct statutory references? YES NO SECTION 1:, That the election shall be conducted at the same time and in the same manner with the same election l officers as prescribed in Ordinance No. 99.056 calling the gen. Brat election on May I, 1999, for the election of councilmembers for Districts 1, 2, 3, and 4. The physical means of voting, the designated polling places, and the officers shall be the same as those prescribed in Ordinance No. 99.056. SECTION W. That early voting shall be conducted in the same manner, at the same lo- cation, and on the same dates and time as provided in tl•e aforementioned ordinance for the gen. eral election on May 1, 1949, i r~ SECTION V. That said electio.a shall be held und:r the provisions of the Charier of the City of Denton, the Constitution and the laws of the State of Texas, the Voting Rights Act of 1965, as amended, insofar as they may be applicable. Page 20 i ti SEC71,ON VI. That this ordinance shall constitute the order and may serve as notice of the election and shall be published and noticed in accordance with the general election ordinance and all applicable laws. SECTION VII. That the caption of is ordinance s1Wl be published in a newspaper of general circulation in the City of Denton, in compliance with the provisions of the law, Further, this ordinance may be published in pamphlet form and shall be admissible in such form :n any court, as provided by law. SECTION VILI. That if any section, subsection, paragno, sentence, clause, phrase, or word in this ordinance, or application 1h4oof to any person or circumstance Is held to be uncon- stitutional, such holding shall not affect the validity of the remaining portions of this ordinance, the City Council of the City of Denton hereby declares that they Would have enacted such re- maining portions despite any such invalidity. SECTION 1X. That the City Counr~.l has found and determined that the meeting at which this resolution is considered Is open to the public and that notice thereof was given In ac- cordance with the provisions of the Texas open meetings law, Tex. Gov't CodA ch. 351, as amended, and that a s;uorurn of the City Council was present. SECTION X. 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 ' * I BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY. I 11Cµ_LOL'V lil{A L n IN~YM /wnitin06tt Page 21 i i M AP* i No. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENT'ON,' TEXAS AUTHORIZINO THE CITY MANAGER TO EXECUTE CONFIDENTIALITY AGREEMENTS BETWEEN THE CITY AND POTENTIAL BIDDERS OR ACQUIRERS PARTICIPATING IN THE DIVESTITURE PROCESS RESPECTING THE CITY'S ELECTRIC SYSTEM ASSETS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council, on the advice of legal counsel, deems it necessary and in the public Interest to enter into Confidentiality Agreements with potential bidders or acquirers participadng in the divcstiture process respecting the City's electric system assets in order to protect sensitive, coml etitive, proprietary information of Denton Municipal Electric as well as of all interested bidders or potential acquirers Involved in the divestiture process, In order to maximize the bid prices to be obtained by the City for its electric system assets; and THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: kECTION 1• That the City Manager is hereby aut;norized to execute Confidentiality Agreements between the City and potential bidden or potential acquirers of the City's electric system assets involved in the divestiture process, in substantially the form of the Confidentiality Agreement attached hereto and Incorporated herewith by reference, which Confidentiality Agreements shall be reviewed by, and approved as to legal form by the City Attorney. S TION Il That this ordinance shall become effective Immediately upon its passage and approval. , ' I PASSED AND APPROVED this the day of 1499 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I By: APPROVED AS TO LEGAL FORM: r , HERBERT L. PROUTY, CITY ATTORNEY IP By:. e^AmbuCUlMnU1&dinna 99 3;7C0 m C)"fl entrdityApm " 1 i I c C9 tJFID)ENTIALITY AGREF tMls This Confidentiality Agreement dated as of 1999 (this "Agreement") is by and between the City of Denton, a Texas municipal corporation, and _'!the "interested Pariy"). The City of Denton and the Interested Part a collectively referred to herein at the "Parties" and individually referred to herein as a "Party;' WHEREAS, in order to allow the Interested Party to evaluate the possible acquisition (the "Proposed Acquisition") of certain acctric generation assets (collectively, the "Assets") of the City of Denton, the City of Denton will deliver or otherwise make available to the Interested Party, upon the Interested Party's execution and delivery of this Confidentiality Agreement, certain confide; tial information pertaining to the Assets; and WHEREAS, the Interested Party is interested in acquiring some or all of the Assets, but requires information to conduct certain analyses and due diligence in order to make decisions and prepare a bid in connection with the same; and WHEREAS, the City of Denton Is willing to make certain documents and information available to the Interested Party for evaluating the Proposed Acquisition, upon the terms and conditions set forth in this Agrcemcn!. NOW, THEREFORE, in consideration of the mutual covenants contained herein and for other good and valuable eonsiltration, the receipt and sufficiency of I which is hereby acknowledged, the Parties hereto agree as follows: Section 1. Confidentiality (a) Confiden i 4-Information The Interested Party acknowledges and agrees that any and all information or documents relating in any manner whatsoever to the City of Denton, whether oral, written or in some other form (collectively, the "Confidential information) furnished to the Interested Party or its Representatives (as defined berow) at any time by the City of Den'on or its Representatives in connection with tic planned sale of the Assets is proprietary and confidential in nature. The Interested Party shall not disclose the contents of the Confidential Information to any party except the Interested Party's Representatives on a need to know basis. Representatives shall mean a party's own directors, employees, affiliates, representatives, legal ~s t counsel andlor financial advisors (collectively, the "Representatives"). The Interested Party shall ensure that all of its Representatives to which disclosure of i •I- f { ' w the Confidential Information is made, , haU comply with the terms and conditions of this Agreement. The Inlereaed Party and its Representatives shall not use the Confidential information for any purpose other than in determining the feasibility of the Proposed Acquisition. In dealing with the Confidential Information, thu Interested Party and its Representatives stall use at least the same confidentiality procedures, but not less than a reasonable degree of care, that the Interested Party 1ses within its organization with respect to its own proprietary Information. (b) Confidentiality of Sale , The Interested Party and its Representatives agree not to disclose to any person or entity any information about the Proposed Acquisition or any other conditions or matters relating thereto, including, but not limited co, the No that they have received the Confidential Information and are evaluating the Assets, the procedure for the We of the Assets, status/liming, and the types of information being provided to proposed purchasers. Without limiting the foregoing, the Interested Party agrees that it will not issue or cause to be issued any press release or otherwisc make any public comment regarding the Assets, the Proposed Acquisition, or terms or conditions thereof, or any other facts relating thereto. The Interested Party will notify the City of Denton of any unauthorized disclosure to third parties that the Interested Party discovers, and the Interested Party shall use its best efforts to prevent any further disclosure of the Confidential Information. To the extent that there is an unauthorized disclosure, in addition to the remedies set forth in Section 6, the City of Denton sha11 have the right to terminate this agreement at its sole discretica. (c) Information in the Public Domain Tea obligations of the Interested Party and its Representatives with respect to the Confidential Information pursuant to this Agreement shall not apply to any such information: (a) that is generally available to the public or otherwise in the public domain, ocher than as is result of disclosure by the Interested Party or its Representatives or b~ virtue of a breach of this Agreement; (b) that was available to the Interested Party or Its Representatives on a non-confidential basis prior to its disclosure under this Agreement; or (c) is approved for reler_n by written authorization of an authoized officer of the City of Denton. (d) Disclosure Required by La_. If the Interested Party or any of its Re Tesentat'sves becomes legally compelled, by r deposition, lnterrogatory, request for documents, subpoena, civil investigative r A, demand, or similar process, to disclose any of the Confidential Information, the / Interested Party or its Representatives, as the case may be, shall provide the City of Denton with Immediate telephonic notice and prompt prior written notice of •2- l i I such requirement so that the City of Denton may seek a protective order or other appropriate remedy, or waive compliance with the terms of this Agreement. If so required or permitted to disclose the Confidential Information, the Interested Party or its Representatives, as the case may be, shall fumish only that portion of the Confidential Information which the Interested Party or its Representatives, as the case may be, is advised by counsel is legally required, and to exercise its best efforts to obtain assurance that confidential treatment will be accorded such Confidential Information. In any event, neither the Interested Party nor any of its Representatives wi!: oppose any action by the City of Denton to obtain as appropriate protective order or other assuraxe that confidential treatment will be accorded to the Confidential Information.] Section 2. RZxesentalion. Wum res. a Ownmhin The Interested Party acknowledges and agrees that neither the City of Denton nor its Representatives (including Reed Consulting Group ("REED'7) have made and do not make any warranties or representations concerning the truth, accuracy or completeness of { any of the Confidential lnfarmation or the sources thereof. Neither the City of Denton nor REED or their respective Representadves have ondertaken any independent Invesdgation as to the truth, accuracy or completeness of the Confidentia) information and are providing the Confidential Information as an accommodation to the Interested Party. All Confidential Information shall remain the property of the City of Denton, as the case may be, and the Interested Party acknowledges and agrees that it does not Intend to, and shall not rely on any of the Confidential Information. Section J. Return of Confidential Information The Interested Party and its Representatives shall return to the City of Denton all Confidential Information, any and all copies the Interested Party and its Representative, have made of the Confidential Information, and all copies of any summaries, analyses, compilations, studies, extracts thereof or any other documents prepared by the Intete.sted Party or its Representatives containing or verifying any Confidential Information, on the first to occur or. (i) the time when the Interested Party advises the City of Denton that it shall no longer pursue the Proposed Acquisition; or (ii) the City of Denton in its sole discretion requests the Interested Party to return such Confidential Information. Any oral Confidential Information shall be kept confidential pursuant to Section I hereof. The Interested Party acknowledges and agrees that the City of Denton, in its sole discretion, can terminate discussions and negotiations with the hucresled Party at any time and demand the prompt return of ail Confidential Information. Section 4. dl States ~Nufitics Low r, the Interested Pany acknowledges and agrees that United States Securities Laws impose restrictions on the purchase and sale of securities by any person who has received i r ' i I I i ! material, non-public information from the issuer of such securities, which may include certain portions of the Confidential Information, and on the communication of such information to other persons. The Interested Party hereby agrees to comply with these i restrictions and ensure that its Representatives also comply with these restrictions. I Section S. Solicitation I For a period of three (3) years from the date hereof, the Interested Party shall not, without the written consent of the City of Denton, directly or indirectly solicit for employment, verbally or in writing, or employ any Y B. Y Person who is now employed by the city of Benton; provided, however, that the Interested Party shall not be prohibited from: (i) employing any such person who contacts the Interested Party on his or her own initiative and without any direct or indirut solicitation by the Interested Party; (ii) conducting generalized solicitations for employees (which solicitations arc not specifically targeted at any employees of the City of Denton) through the use of media advertisements, professional search fums, or otherwise. 1 Notwithstanding the foregoing, this provision is not intended to prevent the Interested Party, if it is a successful bidder, from contacting individuals that it would like to employ as part of the Proposed Acquisition following the time ;hat such bidder executes a definitive acquisition agreement with the City of Denton. Section 6. Remedies (a) Fguitable Remedies The Interested Party agar. and acknowledges that the Confidential Information, as it exists from time-to-time, is a valuable, special, and unique asset of the City of Denton, that the terms of this ' gcemcnt are reasonable and necessary to protect the legitimate interests of the Parties, and that a violation or threatened riolatien of any of the terms of this Agreement by the Interested Pany or any of its Representatives would cause Immediate and irreparable Injury and harm to the business of the City of Denton, for which damrges would be inadequate compensation. Accordingly, the Interested Party acknowledges, consents, stipulates and agrees that in the event of any such violation or threatened violation by the Interested Party or any of its Representatives, the City of Denton shall be entitled to commence an action for preliminary, temporary, and permanent ! injunctive relief or other equitable relief, and neither the Interested Patty nor its Representatives shall interpose any objection that such relief is inappropriate. (b) lndemruficiWon r, The Interested Party shall indemnify, and hold the City of Denton and its f' Reprec:ntatives harmless from and against any and all causes of action, liabilities, .q. i i losses, expenses (including attorneys fees and the cost of enforcing this indemnity) arising out of or resulting from any violation or breach by the Interested Party or its Representatives of the covenants and agreements contained herein, and shall use its best efforts to prevent any further unauthorized disclosure of Confidential Information. _ f I (c) Eoiq The Interested Party shall notify the City of Denton as soon is the Interested Party becomes aware of any disclosure of Confidential Information not authorized by this Agreement and any other breach or violation of the provisioru hereof. Section 7. No Commitment or Other Agreement The Interested Party agrees that the execution and delivery of this Agreement does not create or imply any obligation upon the City of Denton to sell any of the Asset, !c ~K Interested Party. The Interested Party also acknowledges and agrees that: (i) the City of Denton and its Representatives may conduct the process that may or may not result In the Proposed Acgvisition in such manner as they, in their sole discretion, may determine, including, without limitation, negotiating and entering into a final acquisition agreement with respect to the Assets with any third party without notice to the Interested Party; end (ii) the city of Denton has the right to change, in its sole discretion, at any time and without notice to the Interested Party, the procedure relating to its consideration of the sale of the Assets or the Proposed Acquisition, including, without limitation, terminating all further discussions with the Interested Party, and requesting that the Interested Party return all Confidential Information to the City of Denton in accordance with Section 3 hereof. Section B. Miscellaneous If any farm or provision of this Agreement is to any extent held invalid cr unenforce Eli, the remaining terms of this Agreement will not be affected thereby, but .ach tern and provision of the Agreement will be valid and enfo'ceable to the fullest w tent permitted by law. This Agrecrttnn shall be construed in accordance with and govemed by the laws of the State of Texas. Venue of any action arising out of, or respecting ih°s Agreement shall lie in Denton County, Texas. In the event of any legal action or proca-.iing arising out of this Agreement, if a court of competent jurisdiction determines that the Interested Prrty or its Representatives have breached this Agreement, the Interested Party shall reimburse the City of Denton for its costs and expenses (including without limitation, legal fees and expenses) incurred in connection with such legal action or proceeding. 'Phc t Interested Party acknowledges that the City of Denton may assign its rights and obligations under this Agreement without the consent of the Interested Party. Any assignment by the Interested Party of this Agreement without the prior consent of the •9. T M i City of Denton shah be void. This Agreement contains the entire agreement between the Parties regarding the subject matter hereof. No delay or failure in exercisi,,g ally r!ghts, remedy, or power hereunder shall operate as a waiver thereof, nor shall any partial exercise thereof preclude any other or further exercise thereof or the exercise of any other right or remedy hereunder. This Agreement may be executed in qay number of counterparts, but all of such counterparts shall together constitute Ht one ,Agreement. In making proof of this Agreement, it shall not be necessary to produce or account fur more than one counterpart hereof signed by each of the parties hereto. No modification I amendment to this Agreement shall be effective unless approved in writing by each or khc Parties hereto. The Interested Party and its Representatives hereby ague to submit to personal jurisdiction in the State of Texas. Section 9. Additional Agreement The Interested Party acknowledges that in order to ensure the Integrity of the sale pr"css for the Assets and provide all persons participating in the sale process with fait assuranq that if they are chosen as the successful 'bidder, they will not become involved id a legal dispute, the results of the sale and any acceptance or rt;-ction of a bid as determined by the city of Denton, in its sole discretion, must be final. In consideration of the collective benefit to all participants in the We of the Assets of finality in the au;tlon process and the City of Denton providing the Interested Party with access to its Confidential Information pursuant to this Agreement, the sufficiency of such consideration which is hereby acknowledged, the Interested Party agrees that neither it nur its Representatives shall wring to or assert, in any regulatory, judicial, or other forum, including but not limited to any proceeding before the Federal Energy Regulatory Commission, Securities and Exchange Commission, Texas Municipal Power Agency (174A) or Texas Public Utility Commission, any claim or complaint regarding or related to the conduct or result of the sale process for the Assets. Without limiting the foregoing, the Interested Party specifically egms not to seek from any regulatory agency or any court, any order, judgment, or decree that the Interested Party's bid was the "highest" or "best" bid, that the Interested Party is or should be chosen as the successful Interested Party in the process, that the City of Denton erred in their evaluation of the price, terms, or conditions of the Interested Party's bid or any other interested Party's bid as compared to the chosen successful Interested Party's bid, or that the city of Denton otherwise exercised their discretion or conducted the RFP process in any inappropriate [Warner. The Interested Party and its Representatives shall abide by all of the due diligence, { auction, and other procedures set forth in any and all published documents or procedures concerrdng the Proposed Acquisition process provided to the Interested Party or its Representatives by the City of Denton or its Representatives during the course of the sale process. The Interested Party understands that compliance with such procedures is a condition of the Interested Party's participation in the process relating to the sale of the / Assets, that noncompliance will be grounds for disqualification, and That determinations of compliance will be solely within the Judgment of the City of Denton .r,. t; I Section 10. Term of gtgment Except as required by law or unless otherwise agreed to In writing by the City of Denton, this Agreement shall remain In elfecl for three (3) years from the date of execution. IN WITNESS WHEREOF, this Confidentiality Agreement has been executed by the following duly-authorized representatives and oincers or the Parties and is effective as of the date first written above, CITY OF DENTON, TEXAS Name: Tick: Data: . INTERESTED PARTY Nante , t t, ~ r , Tit' r Dak J ~ 7°, Rte; 1 r t'6 o r. 1 ' 1