HomeMy WebLinkAbout04-20-1999
April 20,1999
Agenda packet
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AGENDA AO"
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CITY OF DENTON CITY COUNCIL a
Apri120, 11999 a
After determining that a quorum is present ane convening in an open meeting, the City Council
will convene in a closed meeting of the City of Denton City Council on Tuesday, April 20, 1999
at 5:15 p,m. in the Council Work Session Room at City Hall, 215 E. McKinney, Denton, Texas
at which the following items will be considered:
I. Closed Meeting:
A. Consultation with Attorney - Under TEX. GOV'T. CODE Sec. 551.071, Discuss
sad consult with the City'n attorney, including outslde legal counsel, litigation
tyled Chh, of Denton v. Dcnron County Fresh Water Supply District No. 1A and
Denton CountyFresh 33ater Supply District No. 3, Cause No. 99-40158.362, filed
in the 362nd District Court of Denton County, Texas, including strategy and
possible settlement negotiations.
13. Consultation with Attorney - Under TEX. GOVT, CODE Sec, 551.071.
Consider an ordinance of the City of Denton, Texas authorizing settlement of
litigation Cassle Dean Johnson, Adminirfratrix of the Estate of Aaron McCoy v
City of Denson, Cause No. PR•94-458.01 and Caddie Dean Johnson v. City of
Denton, Cause No, 94.459.01, currently pending in the Probate Court of Denton
County, Texas pursuant to the terms stated In the attached compromise settlement
agreement and release of claims; authorizing the City Manager and the City
Attorney to act on the City's behalf in executing any and all documents, and to
take such other actions deemed necessary to finalize the settlement and release of
claims; authorizing the expenditure of funds necessary to effect the settlement in
an amount not to exceed 510,000, plus such other court costs and ad then: fees J
which the Court may order the City to pay and declaring an effective date,
C. Deliberations concerning Real Property - Under TEX. GOVT, CODE See.
551.072. Consider an ordinance authorizing the City Manager to execute an
assignment of a real estate contract to the City of Denton from R, D. Smith,
Trustee, relating to the purchase of 6.174 acres of land for use by the Utility
Department for future expansion needs of solid waste and water.
D. Deliberations concerning Real Property - Under TEX. GOVT, CODE Sec.
r 531.072; and Consultation with Attomcy • Under TEX. GOVT, CODE Sec,
551,071, Consider and discuss the valuation and the possible sale, transfer, or
otlwr divestiture of real property pertaining to the City of Denton's el.,clHc utility
system, including, without limitation: the Gibbons Creek generation facility
located in Grimes County, Texas; the Spencer generation facility located on
Spencer Road in Denton, Denton County, Texas; the hydroelectric facilities t
located ~n Denton County, Texas; and other components of the City's electric .Al ,
generation assets. Conduct it consultation with the City's attorneys, including the l ! t
City's outside legal counsel, in order to consider and discuss various options and
strategies, and to obtain the advice and recommendations of the City's attorneys
respecting the issues concerning the city's electric generation assets contained In
this numbered paragraph.
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City of Denton City Council Agenda
April 20,1999
Page 2
E. Conference with Employees - Under TEX. GOV'T, CODE Sec. $51.075. The
Council may receive Information from employees during a staff conference or
briefing, but may not deliberate during the conference.
(ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED
MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH EMPLOYEES WILL
ONLY BETAKEN 1N ANOPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEX. GOV'T.
CODE CIL $51. THE CITi' COUNCIL RESERVES THE RIOIIT TO ADJOURN INTO A CLOSED
MEi%1fNO OR EXECUTIVE SESSION AS AUTIIORIZEC BY TEX. GOVT. CODE SEC. $31.001,
ET SEQ. (TEXAS OPEN MFETINOS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR
TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED
fvtBE'TINO ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS
ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551.071.551.085 OF THE OPEN
MEETINGS ACT.)
Regular Meeting of the City of Denton City Council on Tuesday, April 20, 1999 at 6:00 p.m. In
the Council Chambers at City Nall, 21$ E. McKinney Street, Denton, Texas at which the
following items will be considered:
I. Pledge of Allegiance
A. U.S. Flag
B. Texs Flag
"Honor the Texas Flay - I pledge allegiance to thee, Texas, one and Indivisible,"
2. Consider approval of the minutes of December 8 and 15, 1998.
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PROCLAMATIONS
3. Earth Day
4. Drinking Water Week and presentation of Fun Facts.
S. P.O.W. Awareness Month
6. University of North Texas Lady Eagles Basketball Week i
CITIZEN REPORI[S
7. Jim Osborne regarding munlclpal services at the Denton Municipal Airport.
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8. Tillman Uland regarding a hazardous corner at Carroll Blvd. and Univetaity Drive. ~r
9. Nell Yelldell regarding the impounding of a vehicle from 513 Maddox Street. t (jr c"
CONSFNICAGE,ND ?
Each of these items is recommended by the Staff mid approval thereof will be strictly on
the basis of t} n Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item In accordance with the Staff recommendations.
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City of Denton City Council Agenda
April 20,1999 0
Page 3
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids and purchase orders to be approved for payment under the Consent
Agcnda (Agenda Items 10.13). This listing is provided on the Consent Agenda to allow Council
Members to discuss or withdraw an item prior to approval of the Consent Agenda. If no items
are pulled, Consent Agenda Items 10-13 below will be approved with one motion. If items are
pulled for separate discussion, they will be considered as the first items under "Items for
Individual Consideration".
10. Consider adoption of an ordinance of the City of Denton authorizing the City Manager or
his designee to execute a with the Ifouston-Galveston Area Council of Governments (H-
GAC) for the acquisition or a skid steer loader by way of an interlocal agreement with the
City of Denton; authorizing the expenditure of funds therefor; and providing an effective
date. (P.O. #94105 to 1f-GACJRDO Equipment Company - $22,009.76.)
11, Consider adoption of an ordinance accepting competitive bids and awarding a contract
for the purchase of medium to heavy duty trucks; providing for the expenditure of funds
therefor; and providing an effective date. (Bid 2337 - Medium to heavy Duty Trucks
awarded as listed in the ordinance - $354,58814)
12. Consider adoption of an ordinance accepting competitive bids and awarding a contract
for the purchase of tubular steel transmission line structures (poles); providing for the
expenditure of funds therefore; and providing an effective date (Bid 2346 - tubular steel
transmission line structures awarded to Thomas & Belts Corporation - $420,160.)
13. Consider adoption of an ordinance accepting competitive blds and awarding a public
works contract for cooling tower repair at the Denton Municipal Generating Station;
providing for the expenditure of funds therefor; and providing an effective date (Bid 2351
- cooling tower repair, Denton Municipal Generating Station awsrded to Midwest
Towers, Inc, - 5145,210.)
PUBLIC )IF.ARINGS
14. Ifold a public hearing to receive citizen comments regarding cable television rates.
15. [fold a public hearing and consider rezoning 19,33 acres from a Commercial (C) zoning
district to a Multi-Family (MF-1) zoning district. The subject properly is legally
described as Lot I and Lc is 5.26 of the Inman Subdivision and Tract 311 out of the
Alexander Hill Sun-ey (Abstract 623) and is localed on the cast side of Meadow Street,
the south side of Inman Street and is Just north of 1.35 East., The proposal is to develop a
studcat apartment complex with approximately 400 units to be built in two phases. The
Planning and Zoning Commission recommends approval 5.2. (Z-99.014)
16. [fold a public hearing and consider rezoning 18.00 acres from a conditioned Commercial
(C(c)) zoning district to a Multi-Family l (SIP-1) zoning disldct. The subject property is
legally described as an 18,0 acre portion of Tract 4 out of the D. Lambert Survey
(Abstract 784) and a portion of Tnct 3 out of the j,%wte Survey (Abstract 1433) and is
located on the south side of Colorado Blvd., opproximately $30 feet west of Soothern
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City of Denton Cary Council Agenda
Apri 120, 1999
Page 4
Hills Blvd, and also fronts I.35E, Immediately east of the Pace's Crossing apmtmer t
complex, The proposal Is to construct a multi-family complex. The Planning and Zonln~
Commission recommends approval 7-0. (Z•99-009)
17. Hold a public hearing and consider rezoning 49.528 acres from an Agricultural (A)
zonlr,g district to a conditioned Single-Family 7 (SF•7(e)) zoning district. The subject
property is described as Tract 108 out of the Thomas H. Living Survey (Abstract 729)
and Is located on the southeast corner of Silver Dome Roof and Farris Road intersection.
The proposal Is to develop a single-family subdivision. The Planning and Zoning
Commission recommends approval 7-0. (Z•99.008)
18. Hold a public hearing and consider rezoning Tract 2 (11,238 acres) and Tract 3 (22.809
acres) in the M. Austin Survey, Abstract 0004 from a Planned Development (PD) zoning
district to a Commercial (C) zoning district, The 34.047 acre property is located on the
west side of Loop 288, approximately 485 feet north of the T-intersection of Mono Road
and Loop 288. The proposal Is for future sale and development. The Planning and
Zoning Commission recommends denial 5.0.
19. Hold a public hearing regarding the proposed annexation of an 80.70 acre tract located on
the south side of McKinney Street and Is directly opposite of Trinity Road, In the City of
Denton's extraterritorial jurisdiction. (Trinity Meadows)
20, Hold a public hearing regarding the proposed annexation of 100.30 acres located on the
northwest corner of Loop 288 and Stuart Road intersection, in the City of Denton's
extraterritorial jurisdiction. (Niesquitchicadm4s)
21. Hold a public hearing regarding the proposed annexation of a 19.90 acre tract located on
the south side of Edwards Road, approximately 2,000 feet west of Swisher road, in the
City of Denton's extraterritorial jurisdiction. (Lubbers Addition)
VARIANCE
22. Consider an exaction variance from Section 34.114 (17) of the code of Ordinances
concerning sidewalks for the Mill Street Addition. The applicant proposes no sidewalk
along the frontage of the property. The 0.51 acre property is located on the soot %
corner of East Mill Street and Indg,5J J arcd Th444 nr$rrg- rang Commission
recommends denial 6.0. (V-99-002)
ITEMS FOR INDIVIDUAL CONSIDERATION
23. Consider approval or a resolution of the City of Denton, Texas, accepting and expanding I '
its extraterritorial jurisdiction into approximately 800 acres of land released from the + (r
Town of Northlake, Texas extraterritorial jurisdiction; authorizing the Mayor to execute
an interlocal apportionment agreement between the municipalities; providing a
sevcrability clause; and providing an effective date.
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City of Denton City Council Agenda
April 20, 1999 y
Page 5
24. Receive a preliminary assessment, hold a discussion and consider approval of a schedule
of public hearings with regard to the proposed volur!w 1 annexation of a 2,745.51 acre
tract of land located west of 1.35W, north of Crawford Road, and east of Florence Road.
25, Consider adoption of three ordinances annexing three tracts of land located in the
southwestern section of the city of Denton exlraterritorial jurisdiction, amowiting to
3,102 acres of land, (First Reading)
A, Tract 41 (A•80): approximately 1,952 acres of land located at the southwestern
edge of the city of Denton's cxtralerritorial jurisdictlon, between Crawford and
Lively roads, approximately 5,800 feet west from 1.35W, and east from Florence
Road. (Robson property)
B. Tract 42 (A•81): approximately 125 acres of land, 1,000 feet in width extending
north from Crawford Road, and extending to the west approximately 5,800 feet
from 1.35W.
C. Tract N3 (A•82): approximately 1,025 acres of land, located between 1.35W and
U.S. 377, north of Crawford Road, and south of Aired Road.
26. Consider adoption of an ordinance annexing a $2.49 acre tract located on the south side
)f Ryan Road, 150 feet cast of Forestridge Drive, establishing a Single-Family 16 (SF-
16) zoning district on the northern 20.98 acres and a Single•Femily 10 (SF-10) zoning
district on the remaining 31,51 acres; and providing for an effective date. The Planning
and Zoning Commission recommends approval. (A•79 - First Reading)
27, Consider adoption or an ordinance approving a real estate contract between the city of
Denton and Linwood Roberson and Eula Bell Roberson relating to the purchase of 0.054
acres of land for the expansion of U.S. Highway 77 (Parcels 56 and 57); authorizing the
expenditure of funds therefor; a id providing an effective data
28. Consider adoption of an ordinance authorizing the City Manager to execute an
assignment of a real estate contract to the City of Denton from R. D. Smith, Trustee,
----eel k%4e4hrpurehasro"444aeresofland-for use by the Utility Department for rulure
w I expansion needs or solid waste and water; authorizing the expenditure of funds therefor;
Ii and providing an effective date.
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29. Consider an ordinance or the city of Denton, Texas authorizing settlement of litigation
Cassle Dean Johnson, Adrnlnlsrralrit of the Estate of Aaron AWay v, Ory of Denton,
Cause No. PR-94-438-01 and Caddle Dean Johnson v. City of &,nron, Cause No, 94-
459-01, currently pending in the Probate Court of Denton County, Texas pursutmt to the r.
terms staled in the attached compromise settlement agreement and release ofclalms;
authorizing the City Manager and the City Attorney to act on the City's behalf In
executing any and all documents, and to take such other actions deemed necessary to
finalize the settlement and release of claims; authorizing the expenditure of funds
necessary to effect the settlement in an amount not to exceed $10,000, plus such other
court costs and ad htrm fees which the Court may order the City to pay; and declaring on
effective date,
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City of Denton City Council Agenda
April 20, 1999 tv
Page 6
30. Consider an ordnance authorizing the City Manager to execute a contract for professional
legal services with Wood, Thacker & Weatherly, P.C. to provide legal services with
regard to litigation styled William Allan Stanley, individually and ay independent
executor of the estate of Dorothy Loulse Stanley v. City oCDenron, Texas, Cause No. 97-
40490-362, Filed in the 362 4 District Court of Denton County; Tikis. authorizing th*
expenditure of funds therefor, and providing an effective data
31. Consider approval of a resolution authodrAng the City Council to appoint a special
Citizens Advisory Committee for the Capital Improvement Program; and declaring an
effective date.
32. Consider an appointment to the Civil Service Commission
33. Consider nominationVappointments to City Boards and Commissions.
34. Connsidcr a motion to authorize the holding of a City Council meeting outside of City
Hall,
33. Miscellaneous matters from the City Manager.
36. New Business
This item provides a section for Council Members to suggest items for future agendas,
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37. Possible continuation of Closed Meeting under Sections 551.071-551.083 of the Texas
Open Meetings Act.
36. Official Action on closed Meeting items held under Sections $51,071 - 531.085 of the
Texas Open Mectit.gs Act,
CERTIFICATE
1 certify that the above notice of meeting was posted on the bulletin board at the City Hall of the
City of Denton, Texas, on tho _day of , 1999 at o'clock (a m.)
(P,m)
CITY SECRETARY
NOTE: TIIE 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 HEAR!HO IMPAIRED IF
REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. r'
PLEASE CALL THE CITY SECRETARYS OFFICE AT 349.8309 OR USE
TELECOMMUNICATIONS DEVICES FOR THE DEAF (TI)D) BY CALLING 1.800-
RELAY-TX SO THAT A SIGN LANGUAGE INTERPRP,'fER CAN BE SCHEDULED
THROUGH THE CITY SECRETARY S OFFICE.
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CITY OF DEN'i ON CITY COUNCIL MINUTES AP1116 _
December 8, 1998 a s
After determining that a quorum was present end convening In an open meeting, the City Council
convened in a Closed Meeting on Tuesday, December 8, 1998 at SAS p.m, in the Council Work
Sess',m Room at City Hell.
PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Butroughs, Cochran,
Dutrancc, Kristoferson and Young.
ABSENT: None
1. The Council considered the following in Closed Meeting:
A. Conference with Employees - Under TEX. GOV'T. CODE Sec. 551.075. The
Council received information from employees during a staff conference or briefing, but
did not deliberate during the conference.
B. Deliberations regarding real property - Under 1EX. GOVT, CODE Sec.
35 11.072; and consultatlon with attorney -Under TEX, GOVT. CODE Sec. $31.071
1. Considered and discussed the valuation and the possible sate, transfer, or
other divestiture of real property pertaining to the City of Denton's electric utility system,
Including, without limitation: the Gibbons Creek generation facility located In Orimes
County, Texas; the Spencer generation facility located on Spencer Road in Denton,
Denton County, Texas; the hydroelectric facilities locate' in Denton County, Texas; other
component facilities of the City's electric transmission and distribution system; as well sa
attorney's advice pertaining thereto,
The Council convened Into a Regular Meeting of the City of Denton City Council on Tuesday,
December 8, 1998 at 6:00 p.m. In the Council Chambers of City Hall.
PRESENT: Mayor Millcr; Mayor Pro Teen Beasley; Council Members Cochran, Durrance,
Kristoferson and Young.
ABSENT. Council Membcr Burroughs
1. Pledge of Allegiance
The Council and members of tha audience recited the Pledge of Allegiance to the U. S. and
Texae flags.
2. The Council considered approval of the minutes of August 18, August 2$, September 1,
and September 8, 1998. t+ c>
r. Young molioned, Beasley seconded to approve the minutes as presented.. On roll vote, Seeley '
"aye", Cochran "aye', Durrance "aye". Kristoferson "aye. Young "aye "t and Mayor Miller
"aye", Motion carried unanimously.
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City of Denton City Council Minutes
December 8, 1998 Page 2
PRESENTATIONS/AWARDS
3. Proclamations
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Mayor Miller presented a proclamation for "Police Appreciation Day".
4. December Yard-of-the Month Awards
Mayor Miller presented the December Yard of the Month awards to:
Rosemary Goodyear
Karen and Richard Wick
Cooper Glen Apartments
5. Sue Compton • "Librarian of the Year' award to Eva Poole from the TML Library
Directors.
Ms. Poole was presented the "Librarian of the Yeer" award from the Texas Municipal League
and the Texas Library Association.
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CITIZEN REPORTS
6. The Council received a report from Margm. illman regarding rezoning an area that was
Ina 100-year flood plain.
Nis, Tillman stated fiat they had requested a zoning change at 1001 Hickory as major
renovations were nerdcd. The Community Development Office recommended replacement but '
the property was lof.ated in the 100 year flood phin and thus renovations could not be done. The
creek no longer flioded out of its banks due to prior work and she was requesting research be
done to redo the'.Inod plain map so that she could do the needed renovation work to the home,
Mayor Miller indicated that staff would research her situation to determine what could be done
for Ms. Tillman.
" 7. TI a Council received a report from Doug Ebersole regarding the Sign Board of Appeals.
Mr. Ebersole was not present at the meeting.
8. The Council received a report from Carol Lewis regarding the 400 Mockingbird Denton
Afordable Housing Development.
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Ms. Lewis presented a petition to Council of over 300 signatures regarding this issue. The final : J>' c
plat approval had been postponed for two weeks from the Planning and Zoning Commission.
The Commission must approve the final plat unless specific violations were found. She felt that
drainage would be one of those areas of violation. The drainage in the area would be grestly
affected if these homes were allowed to be placed in the area. The area residents were not
questioning the reputation of the Denton Affordable Housing but were concemed about how the
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City of Denton City Council Minutes
December 8,1995
Page 3
homes would affect the prupcrty values of their homes, Some of the homes had asbestos and that
caused a concern with the renovation work. Other concerns included the demity of the
structures, the proposed placement and the age of the homes, as they did not compliment the
adjoining neighborhood. She felt that adequate time had not been spent on researching the
placement of the homes for drainage and for the renovation work involved.
Council Memtnr Young asked what the Council could do and if the Council could condemn the
_houses and have th.m removed..--_
City Attorney Prouty stated that the City ordinance allocated the approval of plats to the Planning
and Zoning Commission and Council had no authority over that process. If a plat met all of the
subdivision requirements the Commission had to approve the plat, Ms. Lewis wanted an
investigation as to whether the properties involved met all the subdivision regulations especially
drainage. Condemnation had a process to follow that Included a notice and hearing on such
property. There was always an option to condemn the property to have the structure
rehabilitated,
Council Member Young asked what needed to be done to start the process.
City Attorney Prouty stated that the Building Inspections Department would have to look at the
properly to see if it met that portion of the city code.
Council Member Young asked that that process be started for Council.
9. The Council received a report from Willie Hudspeth regarding drainage 1
easements at 623 Newton Strcct.
Alt. Hudspeth was not present
10. The Council received a report from John Weber regarding the sign ordinance.
Mr. Weber stated that he was the official spokesperson of the Denin Area residents group. A few
years ago a group of cit:zcns started trying to have members appointed to the City's boards and
commissions who were interested in the agenda of a particular group. It appeared that some
members of various boards1commissions were trying to rewrite the ordinances they were
supposed to enforce, An c.xrmple was the Home Depot sign that was In violation of the sign
ordinance, Another case was the action by the Planning and Zoning Commission to vote against
the corridor ordinance. Citizens wanted to protect Denton and needed such an ordinance. He
requested a major housecleaning of the board and commission members and have Council
appoint members to the boards/commissions who represented the Interest of Denton and not of a i~
p nlicular group.
11. The Council *:cived a report from Dcssie Goodson regarding solving citizens'
complaints.
Ms. Goodson slated that she had presented to Council the condition of sidewalks and trees and
shrubs on the streets for over Iwo years.
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City of Denton City Council Minutes
December 8, 1998
Page 4
CONSENT AGENDA
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Beasley motioned, Ourrance seconded to approve the Co,1 ent Agenda and the accompanying
ordinances. On roll vote, Beasley "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and
Mayor Miller "aye". Motion carried unanimously,
12. NO. 98.403
AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER #4
TO A LEASE AGREEMENT FOR PC'S, MONITORS AND PERIPHERAL
EQUIPMENT BETWEEN THE CITY OF DENTON AND IBM CORPORATION;
PROVIDING FOR AN INCREASE W THE QUANTITY OF ITEMS AND AN
INCREASE IN THE ANNUAL LEASE PAYMENT AMOUNT; AND PROVIDING
AN EFFECTIVE DATE, (LEASE #2045 TO IBM CORPORATION IN THE
AMOUNT OF $1,144,550.26 + CHANGE ORDER #4 IN THE AMOUNT OF $84,538)
13, NO. 98.404
AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER #4 TO
A CONTRACT FOR THE CONSTRUCTION OF LANDFILL CELL #1 BETWEEN
THE CITY OF DENTON AND RBI/LANDMARK RECLAMATION, INC.;
PROVIDING FOR AN INCREASE IN THE SCO; E OF WORK AND AN INCREASE
IN THE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (BID
#1165 TO RBI-LANDMARK RECLAMATION, INC. IN THE AMOUNT OF
$1,513,913,68 + CHANGE ORDER #4 IN THE AMOUNT OF 56,100)
14. NO. 98-405
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE
EXPENDITURE OF FUNDS FOR THE PAYMENTS BY THE CITY OF DENTON
FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE UTILITIES
PROVIDING ENERGY TRANSMISSION SERVICE TO THE CITY OF DENTON,
AND PROVIDING AN EFFECTIVE DATE. (PO 01019 TO CENTRAL POWER &
LIGHT; PO 491020 TO TEXAS UTILITIES ELECTRIC AND PO 01021 TO
HOUSTON LIG111ING & POWER IN THE COMBINED TOTAL OF $405,003,75)
13. N0.98.406
AN ORDINANCE ACCEPTING COMPETITIVE BIDS BY WAY OF AN
INTERLOCAL AGREEMENT Wi,11 TARRANT COUNTY AND AWARDING A
CONTRACT FOR THE PURCHASE OF POLICE SEDANS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE
DATE, (INTERLOCAL AGREEMENT FILE #2297 - POLICE SEDANS TARRANT
COUNTY INTERLOCAL AGREEMENT AWARDED TO BILL UTTER FORD IN
THE AMOUNT OF 5486,624.40)
City of Denton City Council Minutes
Deccmber 8, 1998
Page 5
16. NO. 99-407
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF SOFTWARE AND IfARDWARE MAINTENANCE FOR
AMERITECH LIBRARY SOFTWARE WHICH IS AVAILABLE FROM ONLY ONE
SOURCE IN ACCORDANCE WITH PROVISIONS OF CHAPTER 252 OF THE
TEXAS LOCAL GOVERNMENT CODE EXEMPTING SUCH PURCHASES FROM
REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDINO ',FFECTIVE
DATE. (PO #91277 to Ameritech Library Services In the amount of 528,1001)
17. NO. 98-408
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM
ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER
252 OF THE TEXAS LOCAL GOVERNMENT CUDE EXEMPTING SUCH
PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND
PROVIDING AN EFFECTIVE DATE. (PO 091286 TO CARON COMPACTOR CO.
IN THE AMOUNT OF $39,850)
18, NO. 98-09
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM
ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE t
LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF
COMPETITIVE BITS; AND PROVIDING AN EFFECTIVE DATE. (PO 091294A,
912946, 91294C TO MOTOROLA COMMUNICATIONS IN THE AMOUNT OF
548,391)
19. NO. 98-410
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE
PURCHASE OF AN UPGRADE TO THE SCADA SYSTEM WHICH ARE
AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH PROVISIONS
OF CIIAPTFR 252 OF THE TEXAS LOCAL GOVERNMENT CODE EXEMPTING
SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND
PROVIDING AN EFFECTIVE DATE. (PO 091651 TO ADVANCED CONTROL
SYSTEMS in the amount of $211,803)
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20. NO. 98-411
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF CEMENT, LIME AND
AGGREGATE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE, (BID 02290 - CEMENT, LIME AND
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City of Denton City Council Minutes
December 8, 1998
Page 6
AGGREGATE AWARDED AS LISTED ON EXHIBIT A. ESTIMATED ANNUAL
EXPENDITURE $660,00)
21. NO. 98-412
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
ANNUAL CONTRACT FOR THE PURCHASE OF HOT MIX/HOT LAY ASPHALT
CONCRETE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING AN EFFECTIVE DATE. (BID 02291 - HOT MIXIHOT LAY
ASPHALT CONCRETE AWARDED TO JAGOE PUBLIC, ANNUAL ESTIMATED
EXPENDITURE IS $760,000)
22. NO, 98-413
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF WOODIYARD WASTE GRINDING
SERVICES AT THE MUNICIPAL LANDFILL; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE. (BID #2294 WOOD/YARD WASTE GRINDING AT THE LANDFILL
AWARDED TO THELIN RECYCLING CO. IN THE ESTIMATED AMOUNIT OF
$75,000)
23. NO. 98-414
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A ,
CONTRACT FOR THE PURCHASE OF A TRENCHER AND TRAILER;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING
AN EFFECTIVE DATE. (BID 42302 - Trencher & Trailer awarded to Witch Equipment
Co., Inc. for 538,118.67)
24. NO. 98-413
AN ORDINANCE AMENDING ORDINANCE NO. 96-014, AS AMENDED,
RELATING TO THE RULES OF PROCEDURE OF THE CITY COUNCIL, BY
PROVIDING CERTAIN RULES ESTABLISHING DECORUM, BEHAVIOR, AND
SECURITY REGARDING CITIZENS' BEHAVIOR AND CONDUCT AT CITY
COIJNCIL MEETINGS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED $500.00;
AND PROVIDING FOR AN EFFECTIVE DATE.
25. NO. 98-416 AN ORDINANCE OF THE C11Y OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTC N
AND THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE
FURNISHINO AND INSTALLING OF TRAFFIC SIGNALS BY A MUNICIPALITY
PER MINUTE ORDER 102542; AUTHORIZING THE EXPENDITURE OF FUNDS
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THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
26. Ordinances authorizing the Mayor to execute agreements between the City of Denton and
the following entities for the payment and use of hotel lax revenue; and providing an
effective date.
NO. 98-417 Greater Denton Arts Council (3 year contract)
NO.98.418 Denton Chamber of Commerce (3 year contract)
NO.98-419 Denton Holiday Festival Association
NO. 98-420 Denton Community Theatre, Inc.
NO. 98-421 North Texas State Fair (3 year contract)
NO. 98-422 Denton Festival Foundation
NO. 98-423 Tcjas Storytelling Association
NO. 98-424 Denton Black Chamberof Commerce
NO. 99-425 Denton Hispanic Chamber of Commerce
NO. 98-426 Denton County Courthouse-On-The-Square Museum
NO. 99-427 The Scholars Phair Foundation
NO. 93-428 The Denton County Historical Commission
NO. 98-429 The Denton County Historical Foundation, Inc.
PUBLIC 11F.ARING I
27. The Council held a public hearing and considered rezoning a request to change zoning for
34.133 acres presently classified as Planned Development 39 (PD39) zoning district (for cluster
homes) and a Single Family 7 (SF-7) zoning district to a Planned Development zoning district by
way of a detailed -Ian, allowing for detached single-family homes. The property was legally
described as the west 34.133 acres of Tract 26 in she S. McCracken Survey (Abstract 817) and
was located on the southeast corner of Stuart Road and Loop 288. The request was for 173
single-family lots. Existing zoning would allow for a combined total of 230 single-family lots.
(The Planning and Zoning Commission recommended approval (5-0) with conditions.) (2-98-
042)
1 Cous:i! Member Cochran left the meeting with a potential conflict of interest.
Dave Hill, Director of Planning and Development, stated that this proposal was a portion of PP-
39 and the remainder of the property was already classified as SF-7. The proposal was to
construct a residential subdivision for 173 single-family homes. The existing zoning under SF-7
and PD-39 would allow for a combined total of 230 single-family lots. The site wet currently
undeveloped and a good portion of land to the east and south of the site was also undeveloped. A
super majority vote of the Council was not in effect for this case. The Planning and Zoning
Commission recommended approval with the conditions listed in the agesu'.a materials. Hill
reviewed the zoning history of the property as Indicated In agenda materials. Some tight-of-way r
dedication would be required, as would some infrastructure Itnptovements.
The Mayor opened the public hearing.
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Dan Could, Jr. stated that this was a downzoning of approximately 34 acres from 230 mixed
dwelling units to 173 single-family homes. He presented three plans for the development. The
"A" plan was proposed with 173 lots with modifications and enlargements of the Iota abutting
lots on the Juno Drive area. Plan "A" showed two entrances on Stuart Road that seemed to be
preferred by both developer and adjoining property owners. Plan "B" was approximately 171
lots with a single entrance and also with an enlargement of those lots abutting Juno Drive. Plan
"C" was the original site plan containing 175 lots as originally given to Council. The site plan
included two entrances from Stuart Road and reflected smaller lots adjacent to those homes on
Juno Drive. They felt that good zoning and good development was a positive balance between
neighbors, members of the community, city government and the developer and that Plan "A' met
that objective.
Mayor Pro Tern Beasley asked about the price of homes In the proposal.
Gould stated that the homes would start at $90,000 and exceed $100,000 in the future. He could
not say what would be the exact footage that this point in time. They had had an additional
neighborhood meeting since the first meeting. That meeting was notified with the 100-foot limit.
Council Member Durrance asked about the accesses in the various plans.
Hill stated that it was his understanding that under a planned development the Planning and
"Zoning Commission could approve a variance to the subdivision regulations but if it were
denied, he did not feel it went to Council for appeal.
City Attorney Prouty stated that if it were part of a zoning request, Council could alter the
proposal. The Planning and Toning Commission tied recommended one access and denied a
variance for two accesses.
Gould replied that that was correct and the developer had proposed a double access after the last
meeting with the neighbors. The adjacent property had very limited access and the neighbors
were concemed that they would become land locked if a double access were not provided.
City Attorney Prouty stated that the Council could not approve two entrances based on the fact
that the Planning and Zoning Commission had denied the variance. The Council needed to
consider only one entrance.
Randy Smith slated that everyone within 200-fret was notified regarding a neighborhood
meeting. Only four people attended the meeting possibly because many of the homes were rent
homes. He felt it was good to not have the multi-family zoning along the Loop.
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Council Member Kristorerson stated that the information at the neighborhood meeting was that
the development would be multifamily. 'rho planned development Indicated cluster zoning. She
asked if the citizens were informed that the multi-family wa: removeJ or was it defined as
cluster.
Smith indicated that they were told that it was multi-family with 10 units per acre.
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Brian Holman stated that he had a problem with the issue of notice. He received his first notice
in August but based on the wording of the envelope he considered it junk mail and threw it away.
He did not know it was a rezoning meeting. His lot was a SF-10 lot adjacent to the proposal. He
was concerned about the size of the lots and how that would affect the value of his home. He
was also concerned about having only one entrance to the proposal with possible fire hazards. It
was good to have development in the area and the removal of multi-family zoning but he
requested that the lots by his home be increased to SF-10.
The Mayor closed the public hearing.
Kristoferson motioned, Durranco seconded to deny the request.
Mayor Pro Tern Beasley stated that she would be voting in favor or the motion. She had a
concern about only one access for the traffic. Homes behind the development would have much
smaller lots next to their homes. She felt this was too dense of development for the
neighborhood.
Young motioned, Miller seconded to postpone consideration to give the developer more time to
work out differences with the neighborhood,
City Attorney Prouty noted that two members of the Council were absent. Council rules
indicated that four affirmative votes were needed to approve any Council action and it appeared
that that might not be the vase.
On roll vote to postpone, Beasley "nay", Durrance "nay", Kristoferson "nay", Young "aye", and
Mayor Miller "aye". Motion to postpone railed with a 2.3 vote.
Council Member Durrance expressed concerns about the effect on the adjoining neighborhoods.
Traffic problems also presented difficulties. Another project In th^ area that was denied had
requested SF- S zoning for manufactured housing.
Council Member Young stated that Council continued to send a message to developer that
Denton was not business friendly. The message was that people did not have enough money to
live in Denton Everyone in Denton could not afford 5100,000 homes and up.
Mayor Miller indicated that 5e would be voting against the motion based on the changes made
by the developer with the Planning and Zoning Commission's conditions. The analysis was
consistent with Denton Development Plan in terns of traffic. There was a need for homes of all
sizes and variety in Denton.
On roll vote to deny, Beasley "aye", Durrance "aye", Kristoferson "aye", Young "nay", and t 1'~ t
Mayor Miller "nay". Motion failed as under the Council's requirements a vote of 4 ayes were
needed to pass the motion.
City Attorney Prouty slated that this vote wnounted to a "no" vote and did not trigger the twelve-
month waiting period. It would go back to slarfwith a number or options available.
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Mayor Miller asked that the proposal go back to the staff to meet with the developers. He would
also ask the City Attorney to meet with Council Member Burroughs and Cochran to see if there
would be a legal means to allow for them to vote on this Issue.
Council Member Cochran returned to the meeting.
VARIANCE
28. The Council considered approval of an exaction variance from Section 34-114 (7) of the
Code of Ordinances concerning sidewalks for Lot A, Block 1 of the Wendell E. Woods Addition.
The subject property was located on the east side of Hill Street, just northeast of the T•
intersection with Boardwalk and would consist or one single-family lot. (The Planning and
Zoning Commission recommended approval 5-0.)
Dave Hill, Director of Planning and Development, stated that the action requested was an
exaction variance concerning a sidewalk requircmcnt. The Planning and Zoning Commission
had recommended approval. There were no other sidewalks on Hill Street
Young motioned, Cochran seconded to approve the variance request.
On roll vote, Beasley "aye", Cochran "aye", Durrance "nay", Kristoferson "nay", Young "aye",
and Mayor Miller "aye". Motion carried with a 4.2 vote.
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The Council returned to the Citizen Reports.
7. Citizen report from Doug Ebersole
Mr. Ebersole indicated that that he was chair of the Sign Board of Appeals. He wanted to report
on recent action by the Board regarding the Home Depot sign. The framers of the sign ordinance
created a loophole in the form of the Sign Board of Appeals. The Sign Bcard granted a large
variance to Home Depot. Several citizens and former council members spoke against the
request. Those comments were ignored, The Board members chose to upgrade the size and
height limit on the notion that Home Depot was on the Interstate The sign that was granted was
seven times larger than the requirements and four times wider. This action weakened the sign
ordinance and probably would cause its eventual collapse. Council should bo more cautious with
their appointments to decision-making boards and their appointees should share their views
regarding issues, Two members did not attend the last meeting and one of those not attending
was the member who requested reconsideration of the request. Policy-making should be action
by the Council and not an appeals board. He suggested Council recall certain members of the r.
Board or abolish the Sign Board. Ilia recommendation was to write the Sign Board of Appeals <
out of the ordinance and have Council consider those Issues,
8. Citizen report by Willie Iludspcth
Council Member Burroughs arrived at the meeting.
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Mr. Hudspeth reviewed the history of his request. The area surrounding Ms home was not
developed correctly. During the construction of his home and since completion, the City, D1SD
and County had not aided him when he requested consideration of major issues such as the fifty
year old pecan tree he tried to save in front of his home. He was told it would not die during the
construction. The tree was currently dying. He asked before the concrete was poured in front of his
home that it be slanted and to move the drain to provide the drainage instead of in front of his
home. Now the water drained directly to his home, The City was proposi,:, to take one-fourth of
his back yard property with proposed drainage improvements. He felt there were three options
move the water line and have he drainage to the north, pay for the trees or pay for the property the
City was taking.
ITEMS FOR INDIVIDUAL CONSIDERATION
29• The Council considered adoption of an ordinance of the City of Denton, Texas, amending
Chapter 35 "Zoning" of the Code of Ordinances of the City of Denton by adopting Article XI
"Corridor Overlay District"; providing a classification for designating roadways in Denton;
establishing a site plan review process, establishing landscaping, architectural, screening, outdoor
storage, limited visibility land use, traffic circulation, and sign guidelines; providing for a penalty
in the maximum amount of $2,000.00 for the violation thereof; providing a severability clause;
providing a ravings clause and providing for an effective date. (The Planning and Zoning
Commission recommended no further consideration of the draft ordinance, 4.3.)
City Attomcy Prouty stated that since the last consideration of this item by Council, there was a 4.3
vote that constituted a denial of the ordinance from the Planning and Zoning Commission. That
Planning and Zoning Commisslon action affected the Council's consideration of the ordinance, '
Because of the negative recommendation from the Planning and Zoning Commission, it
supcrmajodty vote by Council would be required to pass this ordinrnce.
Council Member Kristoferson staled that one of the Planning and Zoning Commissioners voted
against the ordinance because it was so watered down and no longer effective. She questioned
what would be the mechant31s1 for reconsideration by the Planning and Zoning Commission thus
postponing it at this meeting,
City Attorney Prouty stated that should Council decide to make amendments to the ordinance at
this meeting, it could be sent back to the Planning and Zoning Commission for consideration and
Council could postpone final consideration by Council until that time. If a positive
recommendation weee thrn received by the Planning and Zoning Commission, a regular majority
vote would be required at li`e Council level. i~
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Council Membcr Kristoferson asked If there would be a need for a motion of reconsideration by
a Planning and Zoning Commissioner who voted in line negative.
City Attorney Prouty stated that one member voting in favor would have to motion to reconsider
and any member could second. Another possibility was to amend the ordinance at thls meeting
and return it to the Planning and Zoning Commission far reconsideration of the amended
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ordinance.
Beasley motioned, Kristoferson seconded to debate the ordinance, propose her amendments and
send the ordinance back to the Planning and Zoning Commission for consideration.
Council Member Cochran stated that he would like to hear the amendments now before voting
on the motion.
Mayor Pro Tern Beasley stated that she had three amendments to offer for the ordinance. The
first would be to remove Section 8 from the ordinance. The second was to remove portions of
Highway 380 inside the Loop from Loop 288 to Ruddell and From Highway 380 west to
Primrose. The third was to increase the structural expansion from 25% to 500/0.
On roll vote on the motion to consider the ordinance as was outlined by Mayor Pro Tem Beasley,
Beasley "aye", Burroughs "nay", Cochran "aye", Durrance "aye", Kristoferson "aye", Young
"nay", and Mayor Miller "nay". Motion carried with a 5.2 vote.
Beasley motioned, Burroughs seconded to amend the ordinance with three amendments -
removal of Section 8, increase the structural expansion grandfathering to 50% and under Section
35.413-Classifications/Entranccways, remove Sections A and B. This would be returned to the
Planning and Zoning Commission with these amendments.
The following individuals spoke regarding the proposed ordinance:
Frank Cunnimgb n, 1604 Churchill, Denton, 76201 -opposed
Steve Kniatt, 611 Fort Worth Drive, Denton, 76201 - opposed
Joe Mulroy, 119 Ridgecrest, Denton, 76205 - favor with proposed amendments
Bill Enlow, 1206 Shady Rest, Corinth, 76208 - neutral but work with citizens
Greg Winkle, 3105 Windy [fill, Denton, 16201 - opposed
John Hoorler, 715 N. Elm, Denton, 76201 - favor
Tim Peters, 3704 Granada Trail, Denton, 76205 - favor
Fred Gossett, 3635 Scrindippty, Corinth, 76205 - opposed
Don White, 2105 Savannah Trail, Denton, 76205 - opposed
Buddy Wages, 2504 Fort Worth Drive, Denton, 76205 - opposed
Larry Bailey, 3819 West University, Denton, 76207 - opposed
Cliff Reding, 211 Woodrow, Denton, 76205 - opposed
Jack Bell, 521 E. Windsor, Denton, 76201 - opposed (card only)
Kirk King, 100 W. Mulberry, Denton, 76201 - neutral (card only)
Nancy Ustick, 104 East Brown Terrace, Corinth, 76208 - favor
Joe D, Winkle, 1907 Virginia Street, Denton, 76201 - opposed
Mayor Pro Tern Beasley stated that the original intention of the ordinance was to enhance and r e
protect the vacant land on the City's corridors, However, the original ordinance could not single
out certain parcels of land and had to include all land located on the corridors, The provisions
protected the current business owners if they were not going to expand. Ifs business were going
to expand it would have to show a site plan and how the expansion would conform to the
ordinance. Most of the citizens she had talked with about this wanted quality development in
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Denton and quality of life.
Council Member Cochran stated that he had heard from many individuals regarding this
proposal. The City's impression of those traveling through Denton on 13S was very important.
He felt this was a marketing issue for the community,
Council Member Young stated that the citizens he had talked with were against this ordinance.
They wanted the City to look good but did not want to run off businesses. He felt that the City
was wrong in trying to regulate business.
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Council Member Burroughs stated that the proposed revisions would allow for flexibility for
individuals, His initial reaction was that the ordinance was not accomplishing a great end and
was very onerous for the individual. Now he felt that there was a purpose for such an ordinance.
Council Member Durrance stated that the City needed to think for the future in regards to such an
ordinance. Other cities with such ordinances continued to grow and prosper.
Mayor Miller stated that he had a problem with the ordinance as amended and felt that it would
be micro-managing a small segment of the community. lie was concerned that the ordinance
would control growth, The City already had ordinances In p?ace to accomplish what the
proposed ordinance would do. Potential developers would be expected to know up front what
was expected for development and that would not be an easy task, 1{e felt that the intent of the
ordinance was good but that it would slow down progress.
On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson
"aye", Young "nay", and Mayor Miller "nay". Motion carried with a 5-2 vote.
30. The Council considered adoption of an ordinance approving an agreement between the r
City of Denton, Texas and the Denton Parks Foundation providing for the coordination of
operations and activities; authorizing the City Manager to execute the agreement; approving the
expenditure of funds therefor; and providing an effective date.
Ed Hodney, Director of Parks and Recreation, stated that this was an operating agreement
between Denton and the Denton Parks Foundation. The Foundation was a 501(c)3 organization
" that was governed by an 11-member board of directors.
The following ordinance was considered: i
NO. 98-430
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF r ! ; t
DENTON, TEXAS AND THE DENTON PARKS FOUNDATION PROVIDING FOR
THE COORDINATION OF OPERATIONS AND ACTIVITIES; AUTHORIZiiNG THE
CITY MANAGER TO EXECUTE THE AGREEMENT; APPROVING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
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Beasley motioned, Cochran seconded to adopt the ordinance. On roll vole, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carried unanimously,
31. The Council considered adoption of an ordinance authorizing the first amendment to an
airport lease agreement commerciaMO, between the City of Denton and Ezell Aviation, Inc.;
and providing for nn effective date.
Linda Ratliff, Economic Development Director, stated that Ezell Aviation desired to expand its
operation and revise its project by remodeling the existing facility, upgrading the fueling system,
constructing a public apron and constructing a 12,000 hanger for the re-manufacturing of planes.
The following ordinance was considered,
N0.98.431
AN ORDINANCE AUTHORIZING THE FIRST AMENDMENT TO AN AIRPORT
LEASE AGREEMENT COMMERCIAL/FBO BETWEEN THE CITY OF DENTON
AND EZELL AVIATION, INC.; AND PROVIDING FOR AN EFFECTIVE DATE.
Kristoferson motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "eye",
Burroughs "aye", Cochran "aye", Durrance "aye", Mstoferson "aye", Young "aye", and Mayor
Miller"aye". Motion carried unanimously.
32. The Council considered adoption of an ordinance of the City of Denton, Texas amending
Section 20.71(c) of the Code of Ordinances of the City of Denton, Texas to amend the defense to '
prosecution for violations of height limitations on certain weeds, grass, and uncultivated
vegetation by adding a defense for the growing or hay under certain conditions; providing for a
severability clause; providing a savings clause; providing for a penalty not to exceed five
hundred dollars; and providing for an effective date.
The I Mowing ordinance was considered:
NO. 98-432
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDINO SECTION 20-
71(C) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO
AMEND THE DEFENSE TO PROSECUTION FOR VIOLATIONS OF HEIGHT
LIMITATIONS ON CERTAIN WEEDS, GRASS, AND UNCULTIVATED r'
VEGETATION BY ADDING A DEFENSE FOR THE GROWINO OF HAY UNDER t-
CERTAIN CONDITIONS; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT TO i
EXCEED FIVE HUNDRED DOLLARS; AND PROVIDING FOR AN EFFECTIVE i
DATE.
Kristoferson motioned, Beasley seconded to adopt the ordinance. On roll vole, Beasley "aye",
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Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye', Young "eye", and Mayor
Miller "aye". Motion carried unanirrc,Wy.
33. The Council considered adoption of an ordinance amending Article 11 of Chapter 28 of
the Cade of Ordinances of the City of Denton, Texas ("Building Code) to provide for adoption
of the 1997 Uniform Building Code with certain amendments; providing for a severability
clause; providing a savings clause; providing for a penalty in the amount of $2000,00 for
violations thereof; and providing for an effective date.
Dave Hill, Director of Planning and Development, stated that this was the 1997 National
Building Code with amendments that was recommended by staff for approval.
The following ordinance was considered:
NO. 98-433
AN ORDINANCE AMENDING ARTICLE It OF CHAPTER 28 OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON, TEXAS ("BUILDING CODE') TO
PROVIDE FOR ADOPTION OF THE 1997 UNIFORM BUILDING CODE WITH
CERTAIN AMENDMENTS; PROVIDING FOR A SEVERABILITY CLAUSE; 1
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE
AMOUNT OF $2000.00 FOR VIOLATIONS TIIPP.EOF; AND PROVIDING FOR AN
EFFECTIVE DATE.
Cochran motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye", Motion carried unanimously.
34. The Council considered adoption of an ordinance of the City of Denton, Texas
prohibiting parking on Chestnut Street from its Intersection with Welch Street to its intersection
with Bernard Strect; providing a savings clause; providing a severability clause; providing a
penalty not to exceed two hundred dollar.; and declaring an effective date.
The following ordinance was considered:
NO. 98-434
AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING
ON CHESTNUT STREET FROM ITS INTERSECTION WITH WELCH STREET TO
ITS INTERSECTION WITH BERNARD STREET; PROVIDING A SAVINGS !
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY Its
NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN r ,
EFFECTIVE DATE.
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Kristoferson motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "eye",
Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor
Miller "aye". Motion carried unanimously.
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35. The Council considered adoption of an ordinance partially vacating a portion of a certain
alley easement NON led in the Deed Records of Denton County, Texas at Volume 318, page 4 as
it pertains to the west half of a 20doot wide alley in Block 12 of the College View Addition to
the City of Denton; end providing for an effective date.
Council Member Durrance left the meeting with a potential conflict of interest.
The following ordinance was considered:
NO. 98-435
AN 010INANCE PARTIALLY VACATING A PORTION OF A CER1 AIN ALLEY
EASEMENT RECORDED IN THE DEED RECORDS OF DENTON COUNTY,
TEXAS AT VOLUME 318, PAGE 4 AS IT PERTAINS TO THE'JVEST HALF OF A
20-FOOT WIDE ALLEY IN BLOCK 12 OF THE COLLEGE VIEW ADDITION TO
THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE,
Young motioned, Beasley seconded to adopt the ordinance, On roll vote, Beasley "aye",
Burroughs "aye", Cochran "aye'", Kristoferson "aye", Young -aye % and Mayor Miller "aye
Motion carried unanimously.
Council Member Durrance returned to the meeting.
36. The Council considered nominations and appointments to the City's Boards and
Commissions.
There were no nominationslappointmcnts made at this meeting.
37, Miscellaneous matters from the City Manager.
City Manager Jez did not have any items for Council.
38. New Business
There were no items of New Business suggested by Council.
39. There was no continuation of Closed Meeting under Sections 551.071--351.085 of the
Texas Open Meetings Act.
~40, There was no (icial action on Closed Meeting items held under Section 551.071- l--A # ; c
551,085 of the Texas Open Meetings Act.
Following the completion of the Regular Meting, the Council convened Into a Work Session. "
Mayer Miller left the meeting and Mayor Pro Tern Beasley presided.
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Due to a time constraint Items kl and N2 were not conside<ed.
1. Report, discussion, and direction regarding a review of the City's Boards and
Commissions.
2. Rerart, discussion, and direction regarding economic development strategies, activities,
and policies.
3. The Council received an update and gave staff input regarding implementation of the new
residential solid waste route authorized in the FY 1999 budget.
Charlie Watkins, Director of Solid Waste, presented the item as indicated in the Council
materials. The new route would begin January 4th.
Consensus of Council was to proceed as outlined by staff in the agenda back, up materials.
4. The Council received a report, held a discussion, and gave staff direction regarding the
proposed annexation and zoning of 116.7 acres located on the north side of Hickory Creek Road,
northwest of McNair Elementary School.
Dave Hill, Director of Planning and Development, stated that the request was to review an
annexation schedule for a voluntary annexation petition, The purpose was to accomplish a
density of SF-10 for zoning purposes but because of the dedication involved, the lot sizes would
be less than 10,000 square foot lots, He asked Council to review the schedule for proceeding
with the annexation.
Consensus of the Council was to continue with schedule as presented.
S. The Council discussed and gave staff direction regarding the adoption of an ordinance
amending Chapter 35 "Zoning" of the Codc of Ordinances of the City of Denton by adopting
Article XII "Residential Dcnsity Limitation; providing for definitions; providing for the
application of the ordinance; providing a residential density limitation; providing exemptions,
term of ordinance and appeals; providing for a penalty in the maximum amount of $2,000.00 for
the violation thcreok providing a scvcrability clause; providing a savings clause and providing
for an effective data
City Attomcy Prouty stated that this ordinance was developed at the request of several Council i
Members for an overlay zoning ordinance that would overlay planned developments with SP-10
zoning. That concept was abandoned and a residential density limitation ordinance was
developed to accomplish the limiting of density. In order to not be discriminatory, Council
would have to apply this ordinance to all zoning less than SF-10 and to avoid problems In giving j
notice. An overlay ordinance would have more notice requirements and individual property
owners could invoke the 20% rule. The primary requirement was to limit density to three single-
family units per gross acre or 21.6 multi•fantily units per gross acre. This covered all zoned
property Including planned developments and multi-family unless, in the case of single family
development, a plat had been submitted before December I" of 1998. 11 would also cover any
planned development application for approval of concept plans, development plans, or detailed
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City of Denton City Council Minutes
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December 8, 1998
Page 18
plans or any applica;'on for a Caning change. The ordinance was temporary and would be In
effect until Council approved the Denton Comprehensive Plan or one-year which ever was first.
There was an appeal proses in the ordinance that was heard by Council. The appeal process was
strict and had to indicate that there was a vested property right that was being affected by the
ordinance or if it denied the property owner of all economically viable uses of the land. The
property could still be developed but not as densely as originally granted. Notice still needed to
be done to property owners and staff was recommending a joint meeting with the Planning and
Zoning Commission to detemiine that the same type of notice should be given as was done with
the corridor overlay ordinance. This ordinance would affect a lot of zoning including recent
zoning such as the Preserve. The Preserve would have to decrease density of the developnunt to
3 units per acre for single ramily zoning,
Council Member Young asked what this would do to single family housing development in
southeast Denton.
City Attorney Prouty stated that if the property currently had zoning that allowed more than 3
units per acre, the developer would be required to reduce tK density to 3 units per acre. This
would have an effect on quite a number of areas already with zoning In place if they have not had
an application for final plat or multifamily development did not have a building permit.
Council Member Young felt that this ordinance discriminated against poor people. A message
was being sent that developers had to have SP-10 in order to live in Denton. He felt this
ordinance would stop people from developing houses in the City,
Council Member Burroughs asked how this would nffcct the Preserve. I
Hill stated that if the Preserve did not have a final plat application submitted before December '
t", it would be subject to the ordinance for any single-family development. Detailed plans
typically came in iu sections. Each pod of the Preserve would have to be looked at to determine
the ultimate density. Currently it had some areas with 0lot lines or 4,000 square foot lots, Sonic
R park dedication or right-of-way dedication might be combined to get the 3 units per acre.
1
Council Member Cochran stated that he had been one of the council members who requested this
issue but the product did not resemble his request. There were some very old planned
developments in the City that he considered to be a serious problem when they were used as o
negotiating tool for a revised planned development,
City Attorney Prouty stated that an overlay of various planned developments as was requested
could not be done. Such an overlay had to be done with all planned developments and not just
with certain planned developments. There was a nerd to be consistent with everything that was ,
already zoned less than SF. 10.
Council Member Cochran asked if there was a t+ay to establish planned developments of a
certain age as a class That would not be discriminatory,
City Attorney Prouty stated that that approach might be to place a time limit on planned
developments, if such a planned development were not developed within a certain perlod of
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City of Denton City Council Minutes
December 8, 1998
Page 19
time, the development rights would be lost and would have to be redone.
Council Member Kristoferson suggested using 14.5 units per acre and not 21.6 units per acre for
multifamily snits per acre. This proposal woulJ bring breathing room for development.
City Attorney Prouty stated that he could make changes to the ordinance as directed by Council
and Council would then have to hold a joint public hearing with the Planning and Zoning
Commission.
Mayor Pro Tern Beaslcy asked how the notification process would work.
Hill stated that staff would have to look for those developments that would be adversely affected
by this ordinance for the notification ptocess. This would involve considerable work for
notification.
City Attorney Prouty stated that this would be more work for notification than the corridor
ordinance.
Council Member Burroughs asked about the impact on the Denton Plan if Council proceeded
with this proposal.
Hill replied that staff would have to help develop some rational basis for any restrictions that
might be applied, Consistency of treatment across the board and regulations relative to a public
objective was necessary.
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Mayor Pro Tem Beasley expressed concerns regarding this ordinance, She had a problem with
approving all SP•10lots. There was a place for smaller lots in Denton. The proposal was basing
the impact on DISD numbers with no back-up for those numbers. She suggested going case by
case rather than a blanketed ordinance for all coning. She could not support this proposal at this
point in time, She tuggcstcd removing the proposal from furJsce consideration and continuing
with the Comprehensive PI in.
Council Member Cochran stated that this proposal was further than he was prepared to go. It
was not what he envisioned with his original proposal. Ile would like to see if it was possible to
see a more focused intent on the problems.
City Attorney Prouty fell that the Council was divided on the Issue with Council Members
Durrance and Kristoferson in favor of option 1 that was to proceed with the proposed ordinance,
Mayor Pro Tent Beaslcy and Council Mcrnbcr Young in favor of option 4 that was to drop the
proposal; and Council Members Cochran and Burroughs were looking for something In between
tht~ other alternatives.
Council Member Cochran stated that the Council's primary goal should be to complete the
Comprehensive Plan Since September, there had been selective incorporation of growth control
strategies. Such a proposal would take considerable staff time to develop and bring to Council
and that detracted from the Comprehensive Plan.
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City of Denton City Council Minutes
December 8, 1998
Page 20
Consensus of Council was to proceed with the Comprehensive Plan and have staff conduct
further research for continued Work Session review, focusing on planned developments.
With no further business, the meeting was adjourned at 1,20 a.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS r
CITY SECRETARY
CITY OF DENTON, TEXAS
l
MINUTES
CITY OF DENTON CITY COUNCIL
December 15,1993
After determining that a quorum was present and convening in an open meeting, the City
Council convened in a Closed Meeting on Tuesday, December 15, 1998 at 5:15 p.m. in the
Council Wort: Session Room at City Hall.
PRESENT: Mayor Miller, Mayor Pro Tem Beasley, Council Members Kristofetson,
Burroughs, Durrance, and Young
ABSENT: Council Member Cochran
1. The Council considered the following in Closed Meeting:
A. Conference with Employees - Under TEX. GOVT. CODE Sec. $51.075. The
Council received information from employees during a staff conference or briefing, but did not
deliberate during the conference.
B. Personnel - Under TEX, GOVT. CODE Sec. 551.074
1. Considered the hiring of Chuck Sean, an electrical engineer, as an
employee of the City of Denton-Denton Municipal Electric.
C. Deliberations regarding Real Property - Under TEX. GOVT. CODE Sec.
551.072; and Consuitation with Attorney - Under TEX. GOVT. CODE Sec. 551.071,
1. Considered and discussed the condemnation of two Drainage Fasemenis
(0.209 acre) and (0.910 acre) in the Iliram Sisco Survey, Abstract 1184, necessary for
construcling and maintaining drainage Improvements along the PEC-4 Tributary specifically in
an area south of Sycamore Street.
2. Considered and discussed the condemnation of a Drainage Easement
(0.366 acre) in the Hiram Sisco Survey, Abstract 1184, ieccssary for constructing and
maintaining drainage improvements along the PEC-4 Tributary specifically in an area south of
Sycamore Street.
3, Considered and discussed the condemnation of it Drainage Easement
(0.729 acre) and Slope Easement (0,071 acre) in the Hiram Sisco Survey, Abstract 1184,
necessary for constructing and maintaining drainage improvements along the PEC-4 Tributary
specifically in an area east of Rcddell Street.
4. Considered and discussod the condemnation of a Street Right-of Way
Easement (1,619 acre) in the Oideon Walker Survey, Abstract 1330, necessary for constructing
Lakeview Boulevard from Shady Shores Road to City of Denton Ra!1a to Trails Right-of Way. t ,
Regular Mceting of the City of Denton City Council on Tuesday, December 15, 1998 at 6:00
p,m, in the Council Chambers of City Hali. {
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City of Denton City Council Minates
December 15, 1998 e
Page 2
PRESENT: Mayor Miller, Mayor Pro Tem Beasley, Council Members Kristofetson,
Burroughs, Durance, and Young
ABSENT: Council Member Cochran
I Pledge of Allegiance
The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas
!lags.
PRESENTATIONS/A)" AM
2. Proclamations
Mayor Miller presented a proclamation declaring December 13.18, 1998 as "Little Grooms"
Week.
3, Awards
A. Fiscal Management do Municipal Services
Mayor Miller Introduced Randy Moravec, a member of the Government Finance Officers'
Association, who prosented the Government Finance Officers' Association Distinguished Budget
Prescnta,ion Award and Certificate of A,~nievement for Excellence in Financial Reporting to Jon
Fortune, Dircrtorof Budget.
B. Main'drect
Mayor Milkr pre, tnted the Down!owncr of the Year Award to Bill Thomas.
Mayor Miller presented the Best Store Interior Award to Bob and Joan Moses, Elements of
Design,
Julie Gloccr, Main Street Manager, presented the 1998 Texas Urban Main Street city of the
Yer sward to the Mayor and Council.
C. Parks R Recreation
Ed Flodney, Director orParks do Recreation, presented the following awards:
1. Denton Senior Ccnter's Hospital Visitation Program • Excellence in Programming
Award, Jeff Giibcii and Elsie Wallace accepted the award on behalf of tho Senior " v
Caner.
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2. llori ions Award to Amanda Green,
Advocate of the Year Award to Denton Parks Fuundation, John Nesbitt accepted
the award on behalf of the Foundation.
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City of Denton City Council Minutes
Dccemb,:r IS, 1998 i,
Page 3
4. Texas Amateur Athletic Federation Region IV Decade Award to Cathy Avery,
S, Innovation Award In Management from Dallas/Fort Worth Parks & Recreation
Directors' Association to Lorraine McGregor.
CITIZEN REPORTS
3. The Council received a report from Leonard Logan, Jr, regarding a church grand opening.
Mr. Logan Invited the Council to the grand opening orGalilee Baptis', Church In Sanger.
CONSENT AC .LYDA
Young motioned, Beasley seconded to approve the Consent Agenda and accompanying
ordinances. On toll %ote, Beasley "aye", Ktistoferson "aye", Durance Young "aye",
Burroughs "aye". and Mayor Miller "aye", Motion carried unanimot sly,
5. 98.436
AN ORDINANCE FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF
MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE
SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING AN EFFECTIVE DATE. (110 #91647 • GTE IN THE I
AMOUNT OF $49,787.14)
6. 98.437
AN ORDINANCE ACCEPTING COMPETITIVE BIAS AND AWARDING AN
INSLlt:ANCE CONTRACT FOR LONG TERM DISABILITY INSURANCE;
PROVU)" IG FOR THE EXPENDITURE OF FUNDS THEREFOk; AND PROVIDING
AN EFFECTIVE DATE. (BID #2250. LONG TERM DISABILITY INSURANCE TO
UNUM LIFE INSURANCE COMPANY OF AMERICA IN THE APPROXIMATE
AMOUNT OF $100,000)
7, 98.438
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN
INSURANCE CONTRACT FOR LIFE INSURANCE, SUPPLEMENTAL LIFE 'INSURANCE, AND ACCIDENTAL HEATH & DISMEMBERMENT; PROVIDINO ~
TOP, THE EXPENDITURE OF F(IN')S THEREFOR; AND PROVIDING AN 1!a'~
EFFECTtVE DATE. (BID 42251 • I,FE INSURANCE, SUPPLEMENTAL LIFE
INSURANCE, AND A.'CIDENTAI, DEATH & DISMEMBERMENT TO
RFLIASTAR LIFE INSURANCE COMPANY IN THE APPROXIMATE AMOUNT
Or $100,500)
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December 15, 1999
Page 4
8. 98439
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENfON
AND FAIRHAVEN, INCORPORATED, RETIREMENT CENTER TO PROVIDE FOR
IMPROVEMENTS TO THE SENIOR HOUSING FACILITY AT 2400 NORTH BELL
AVENUE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, NOT TO
EXCEED $23,294; AND DECLARING AN EFFECTIVE DATE.
PUBLIC fA>3lNGS
9. The Council held a public hearing and considered approval of a resolution adopting the
Roadway Component of the Denton Mobility Plan for the City of Denton; providing a savings
and a repealing clause; and providing an effective date.
Jerry Clark, Director of Engineering and Transportation, stated this Plan had been presented to
the Council at a work session in November. The Planning and Zoning Commission
recommended approval of the Plan with one change-the extension of Hickory Creek Road from
Teasley Lane to F.M. 2499. He stated the current plan was eleven years old and needed to be
updated.
The Mayor opened the public hearing.
N,u one spoke in favor or in opposition.
The Mayor closed the public hearing.
Council Member Durrance asked irthe proposed roadway extension of Loop 288 coming around ,
the airport would create any problems.
Clark stated they had coordinated with airport personnel and had ailjwed for that extension.
Council Member Durrance asked about part of the extension of Mayhill Road crossing Denton
State School property.
w Clark stated they had coordinated with Denton State School personnel and right-of-way had been
reserved.
Council Member Durrance asked about the acceKr to Loop 288 at Kings Row and whether that
would be changed. r
Deputy City Manager Rick Svehla stated there would K an overprss with access ramps at t t` jr
Windsor and the Kings Row connection would be eliminated.
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The following resolution was considered:
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City of Denton City Council Minutes
December 15, 1998
Page 5
898.065 I
A RESOLUTION ADOPTING THE ROADWAY COMPONENT OF THE DENTON
MOBILITY PLAN FOR THE CITY OF DENTON; PROVIDING A SAVINGS AND A
REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
Beasley motioucd, Young seconded to approve the resolution. On roll vote, Beasley "aye",
Krisloferson "aye", Durrance "aye", Young "Aye", Burroughs "aye", and Mayor Miller "aye".
Motion carried unturimously.
10. The Council held a public hearing and considered changing the zoning on 34.047 acres
from a Planned Development (PD) zoning district to a Commercial (C) zoning district. The
34.047 acre property was legally described as tract 2 (11,238 acres) and tract 3 (22.809 acres) in
the M. Austin Survey, Abstract 0004. It was located on the west side of Loop 288,
approximately 485 feet north of the T-intersection or Morse Rd, and Loop 288. The proposal
was for future sale and development. (The Planning and Zoning Commission recommended
denial (5-0.) (Z-98-049, Loop 288 and McKinney)
Dave Hill, Director of Planning and Development, stated the property wa+ located at McKivtey
and Loop 288. Since the Planning and Zoning Commission recommended denial 5-0, the
Council would have to vote a super majority in order to override that recommendation, Six
property owners were notified of the request, two notices were returned with favorable
responses. The applicant declined to have a neighborhood meeting. Hill stated there was a fairly
extensive history of this property. There was a 10.25 acre single family detached dwelling
district currently zoned inside the planned devclnpment. There was a proposed collector street
that ran east-west through the property. The detached single family zoning started up again with
another 5,5 acres. There was a multi family dwelling located on the eastern portion of 6e site l
and along the south part there was a 10.65 acre flood plain and open space reservation. A review
of subdivision requirements and public improvements had not yet taken place and the property
had to be platted prior to development, Existing street access was available from Loop 288.
Drainage would need to be addressed. As part of the platting process, the development would b.1
required to Install sidewalks as required along any public street fronlage and off street parking
would be required to be provided as required by the zoning ordinance. Sire the Planning and
Zoning Commission recommended denial, the applicant had agreed to limit the allowable t+ses
under the straight commercial zoning district to excludes texually oriented businuies, poultry
hatchery, trailer camp or mobile home park, and the extraction and storage of sand, cateche,
stone, clay or gravel. There was still a fairly large list of available uses within the conmcroiai
zoning district. Hill stated that the backup included staffs reeommenda+ion, which %zs
consistent with the 1988 Denton Development Pla s. The area within the PD for the proposal
straight commercial zoning was considered to be mrt of the low Intensity designation for the i
Denton Development Plan. The trip generation trot could occur if straight zoning was allowed t
far exceeded what would be allowed for a low intensity area. That was the primary reason cuff l r `
recommended denial to the Planning and Zoning Commission.
Staff recommended some minimum requirements be imposed should the commercial zoning be
favorably reviewed • a maximum allocable fTonr area ralio .024 to .04; I, 60% brick exterior for
structures and limited access onto Loop 288.
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Page 6
Mayor Pro Tern Beasley asked if this was zoned commercial would it fail in a moderate or high j
intensity area.
Hill stated it would depend on trip generations.
Mayor Pro Tern Beasley stated that in looking at the backup for the Growth Management
Strategy, this area appeared to be commercial or light industrial and not low intensity.
Hill stated that looking at the Growth Management Strategy, the inters vtlon of McKinney and
Loop 288 had some mixed use that was appropriate and further in there was residential infill.
]nfill was discussed in general and whether or not it all had to be residential. He stated
compatibility was the most significant requirement that was looked at for any infill inside of
Loop 288.
Mayor Pro Tern Beasley stated that this request might be more consistent with the new
development plan than the 1988 plan. She stated she was concerned about the flood plain in this
piece of land.
Hill stated that with straight zoning the subdivision regulations wo,dd not prohibit filling of the
flood plain.
The Mayor opened the public hearing.
Kent Key stated he was one of the owners of this property. Ile stated that they had tried to
market this property with the current planned dcr•elopment, but they had not been successful. He
stated the intensity Icvel on Loop 288 was changing. They wanted commercial zoning to better
market the land and bring more business out on the Loop. There was a collector street that went
through the property. This was more of a commercial neighborhood or light industrial than a
single-family residential neighborhood. He stated he spoke with some of the landowners and
[bey were in favor of this proposal,
Mayor Pro Tem Beasley asked about the flood plain.
Key stated that he would be willing to dedicate some of the floodway and the flood plain.
Mayor Pro Tcm Beasley stated her concern to preserve some of the flood plain was because of
the extensive work be;ng done on Pecan C tcck. She asked whether straight zoning would allow
for that or whether conditions would have to be placed on it,
City Attuntey Prouty MIA that conditional zoning had been adopted on other pieces of land. No i
building would be allowed on the floodway; the flood plain could be filled and could be built on A
subject to conditions. Restrictions could be placed on building in the flood plain provided it did
not significantly reduce the ability of the developer to develop the remainder of the property.
The Cbnncil could approve this with a condition to restrict building In the flood plain.
Mayor Pro Tem Brxsiey stated that the developer indicated he might dedicate some of the flood
plain and she wa to kno1v how that flood plain would be kept free from development.
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December 15, 1996
Page 7
Hill stated that if commercial zoning was considered for this property, a more intensive use
would be allowed than for single family. A higher floor to area ratio could be allowed so the
developer could make better use of the property outside of the flood plain in exchange for
restrictions on the flood plain. The applicant would have to be willing to accept that kind of
condition.
City Attorney Prouty stated that the applicant had indicated he was willing to dedicate the
floodway and a portion of the flood plain. Commercial property was not subject to the park
dedication ordinance so that would strictly be up to the applicant. If Council indicated that they
wanted the applicant to dedicate that and he was willing to do that, the dedication would be part
of the approval of the zortng. If it was dedicated to public use, then there could not be any
commercial use in it.
Key stated that he would give a portion of the flood plain, about seven or eight acres.
Council Member Burroughs asked how much of the flood plain he would be willing to dedicate.
Key stated five acres of the floodway and three acres of the flood Hain.
Council Member Burroughs stated that a number of the commercial uses were not neighborhood
friendly, such as dance hall or night club; transportation related uses; seat cover or muffler
installation shop; on premise sale of beer and/or wine; off premise sale of beer and/or wine;
licensed private club; utility, accessory and Incidental uses; drag strip or commercial racing or
go-kart track; flea market.
Key said he wanted to leave the off premise sale of beer and/or wino and the licensed private
club on the list because there might be convenience stores built on some comers or restaurants.
Council Member Kristoferson stated that in commercial zoning a building height of up to 20
stories was allowed. She asked about limiting the size of the building.
l The Council ano applicant agreed to limit the building height to four stories.
No one spoke in upposition.
The Mayor closed the public hearing
Slayer Miller asked what would be the impact of these changes in tents of the Intensity.
Hill mated that if they were looking at the Growth Management Strategy In regards to intensity,
they were not prepared to say that a certain number of glories would meet the objectives they a~
were trying to reach with the Growth Management Strategy. Along the frontage, there was a l !f
chance of having mixed use office, which could be higher intensity. There was a difference an
what the applicant decided to do on the buildable portion of the site versus the aesthetics of the
structure.
Hill stated that in terms of the floodway band, which was about four acres, it would be dedicated
to the City. He staled that it was not negotiable. The flood plain limits extended extensively Into
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Dt.cember 15, 199!
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the rest of the properly, approximately 10-15 acres. He stated the question for the Council was if
they wanted to be able to consider higher intensity uses and did favor some commercial uses,
was there a way to reserve a good portion of the flood plain from development and allow some
of the higher intensity uses in places where it's more preferential. He stated that there were a
couple of options: a proper floor area ratio could be determined staying out of the flood plain:
placing conditions to the straight commercial zoning or change to a Commercial PD, reserviT,,%
the right to see the detailed plan at some future date; or postpone so the applicant could decide
what they were comfortable whit,
Council Member Durrance askrd if it was postponed, would it come back to the Council or the
Planning and Zoning Commission.
Hill stated it would come back to the Council.
City Attomey Prouty staled that if additional conditions were imposed that were more restrictive
than originally presented, it could be postponed and brought back to Council.
Council Member Kristoferson asked about the option regarding designating this as a commercial
PD and wanted mute clarification.
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Hill stated that to make this a commercial PD, they could amen6 the existing PD to eliminate the
single family and multi-family reaidenlial and make the commercial designation. The
commercial zoning would he in place and some time in the future the Council could look at the
site plan when the applicant brought the detailed plan back to Council,
City Attorney Prouty stated that the Commercial PD with conditions could be approved at this
meeting, as It would be more restrictive than just the commercial zoning. Ile stated that it was
up to the Council If they wanted to try to put that together tonight or postpone the reque.+t:
Hill stated that staff always tried to work with the applicants and Mr: Key had not had an
opportunity to respond to this.
Key stated that he didn't think he had a problem with the PD. He asked if he would have to have
a detailed plan for each parcel that he sold off.
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Hill stated yes.
Council Mambcr Durrance suggested postponing the request and give the applicant tame to look
over the options instead orasking him to commit to things he was not sure of.
Mayor Miller expressed reluctance to pass It as it had been presented,
I Key asked the Council to postpone and Instruct staff to work with him on the options.
Y Burroughs motioned to postpone the request and for staff to work with the applicant, Beasley
seconded. On roll vote, Beasley "aye", Kristoferson "aye", Durrance "aye", Young "aye",
Burroughs "eye", and Mayor Miller "aye". Motion carded unanimously.
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December 15, 1998 a
Page 9
11. The Council held a public hearing and considered approval of a zoning change at 1413 E.
McKinney to change the conditions stipulated in a Conditioned Office (O(c)) zoning district.
The .256 acre property was legally described as the east 50 feet of Lot One (1), in Block. Twelve
(12) of the College View Addition and was located on the north side of McKinney Street
approximately 96 feet cast of Bettie Street. The proposal was to allow for the placement of an
historic structure to serve as an office, which would be larger than the existing structure. (The
Planning and Zoning Commission recommended approval (7-0) with conditions.) (Z•98-054,
1413 E. McKinney)
Council Member Durance excused himself from consideration of this matter.
Dave Hill, Director of Planning and Development, stated that the size of the property was
actually .155 acre. He stated the applicant had requested the change to enable the placement of a
larger, historical structure on the site. Fifteen property owners had been notified with no
responses. The applicant held a neighborhood meciing but no interested property owners
attended.
The Mayor opened the public hearing.
No one spoke in favor or opposition.
The Mayor closed the public hearing,
The Council considered the following ordinance:
98.440
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN ,
AMENDMENT TO THE CURRENT OFFICE CONDITIONED (O(C)l ZONING
DISTRICT CLAS!HICATION AND USE DESIGNATION, BY REPEALING THE
EXISTING CONDITIONS AND ADDING NEW CONDITIONS ON .155 ACRES OF
LAND AT 1413 E MCKINNEY, LOCATED ON THE NORTH SIDE OF MCKINNEY
STREET APPROXIMATELY 96 FEET EAST OF HETTIE STREET; PROVIDING
FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; PROVIDING A SAVINGS CLAUSE; AND PROVIDINO FOR AN
EFFECTIVE DATE.
Kristofcrson motioned, Bcaslcy seconded to adopt the ordinance, On roll vote, Beasley "aye",
Kristoferson "eye', Durrance "abstain", Young "aye", Burroughs "aye", and Mayor Miller "aye".
Motion carried unanimously. r
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Council Member Durance returned to the meeting.
11. The Council held a public hearing and considered rezoning 34.133 acres from Planned
Development 39 (PD39) zoning district and Single Family 7 (SF-7) zoning district to a Planned
Development (PD) zoning district by way or a detailed plan, allowing for detached single-family
homes. The property was located on the southeast comer of Stuart Road and Loop 288. (Tht
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Page 10
Planning and Zoning Commission recommended approval (5-0) with conditions.) (Z-98.042,
Denton Barden Addition)
Dave Hill, Director of Planning and Development, stated that the Council had considered this at
a previous meeting. Two motions failed to receive a minimum oFfour votes.
Mayor Pro Tem Beasley asked about prior discussion on two entrances.
City Attorney Prouty stated that Council could accept the subdivision with the two entrances if
they determined that the variance was offset by all the other benefits the subdivision would bring
in. Since the Planning and Zoning Commission denied the version of the detailed plan with
those two entranceways, this would require a supcrmajority vote.
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The Mayc r opened the public hearing.
Brian Burke spoke in favor of the rezoning.
Council Member Young asked if he had spoken to some of the ucig hors.
Burke stated that som: of the neighbors were concerned about the size of the lots. The Planning
and Zoning Commiss on made a condition that reduced the lots by two.
Council Member Burroughs wanted to know why there was no neighborhood meeting held.
Burke stated that they had held a neighborhood meeting prior to submitting an application for the
rezoning and felt that was adequate.
Mayor Pro Tem Beasley expressed a concern on only one way in and one way out of the
proposed subdivision.
Burke stated that they had expressed concern about two entrances. They initiated a variance
\ application to the Panning and Zoning Commission, who chose to go with one entrance
approach.
Council Member Kristoferson suggested lessening the density of the subdivision.
Mayor Miller asked Burke to explain the drainage. He asked if the development was going to
control the drainage.
Burke stated that the new streets would intercept the surface runoff and go underground due to
the storm drainage pipe installed. t
Council Mcmbcr Burroughs asked if the existing PD-39 had beau reviewed to determine whether
it could be utilized in regards to the drainage issues and streets and if so, why wasn't it
developed.
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Page 11
Burke stated that ho had reviewed the improvements and didn't know why it couldn't be
developed under the current zoning. lie stated the applicant felt the change in zoning would
produce a better product.
Dan Gould spoke in favor of the request. He stated the lots would run r, proximately $23,000.
He staled the existing zoning could be used if Council wished, but it would .re about 190 lots
under the present coning. He felt it was in the best interest of the community to do the mixed lot
development.
Council Member Young asked what the price of a home built in this subdivision would've.
Could stated they would range from S90,000 to $120,000.
Council Member Burroughs asked how they plan to self-impose the regulations in regards to the
lot size on the southern boundary bordering Juno.
Gould stated they would just have to take his word for it. They would be willing to put in at least
1600 square foot lots adjoining Juno. They could put a condition on it at approval.
Mayor Miller asked if it could be a condition since this was planned development.
City Attorney Prouty stated that Council could make it part of the PD and require them to record
it in a deed restriction. however, P deed restriction could not be enforced where there was
zoning. The individual property o eras wl.o bov;ht in a subdivision could enforce those
restrictions.
Council Member Burroughs slated that the abut/ ing property was not in the zoning area but in the
PD area.
Gould stated that the lots abutting were,
City Attorney Prouty stated they could put that as a condition in the PD. This was not about lot
site but construction. Those type of controls were enforced through deed restrictions. He
informed the Council that in cities where there was zoning, deed restrictions could not be
enforced.
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Mayor Miller stated it was now SP-7 and PD and the request was to change it to PD. He wanted
to know why they wanted it changed instead of using current zoning.
Gould stated his mother thought it mould be the best plan.
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Paul Whitlock spoke in opposition. He stated that he thought it was going to bring the valve of
his properly down. lie felt the density was too high and had a safety concern. He also felt that
was a lot of traffic for one entrance, even two. He s+, c was not against development. I
Council Member Burroughs asked if he had + eloper or looked at the current
zoning.
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Page 12
Mr. Whitlock stated he had not.
Council Member Burroughs asked if this was zoned when Mr. WNtlock bocght his property.
Mr. NN hillock stated he did not know,
Mayor Miller stated it was zoned in 1982,
Brian Holm spoke in opposition. He stated he did not oppose development but he thought the
size of the lots were too small. He stated he hoped this didn't diminish the value of his property.
Ile stated the homes should be SF-7 at a minimum,
Council Member Young asked if his garage was in the back or in the front of his home.
Mr. Holm stated it was on the side.
Dale Brown felt the smaller lots would affect the neighborhood and the property values.
Robert Mills stated he would like to see the homes kept SF-7 although SP-10 would be better
and he would like to see two entrances.
Merle Grisham stated he was in opposition.
Gould stated that they would take this back to the Planning and Zoning Commission to have
them reverse their decision on two entranceways. He stated the Council could vote on this plat
and he would take it back to the Planning and Zoning Commission to reconsider the two
entranceways,
City Attorney Prouty stated he could not do it that way. The Council could vote on it with two
entranceways, which would require a supermajority vote, or one entranceway.
Gould stated that he wanted the Council to vote on it tonight. If approved, he could begin the
development, Ile could still take it back to the Planning and Zoning Commission for them to
approve two entranceways.
City Attorney Prouty advised Mr. Gould that the Council could approve this with one
entranceway. If he took it back to the Planning and Zoning Commission to get their approval on
two entranceways, he would still have to bring it back to the Council, The Planning and Zoning
Commission could only make a recommendation to the Council.
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Hill advised Mr, Gould that irhis intent was to go back to the Planning And Zoning Commission,
it was not feasible for one plan to be approved and then have to retiuw a second plan. Should a !
vote occur on the single entranceway option, the applicant would stand the possibility of
rejection and would have to ask the Council to proside a waiver of the one-year rule for coming
back to have a zoning request examined, lie stated that in trying to align these intersections from
a traffic safety standpoint, there would be some pretty stiff resistance from staff in terms of the
recommendation to the Planning and Zoning Commission to reconsider a two-access option that
they had a:ready denied unanimously.
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Page 13
The Mayor closed fte public hearing.
Council Member Kristoferson staled that the adjacent property owners spoke in opposition to
one entranceway and also the density. She stated she found it interesting that Mr. Gould was
willing to take this back to the Planning and Zoning Commission and Council, but not back to
the neighborhood. She stated that the neighborhood meeting was hastily and poorly called. Four
people attended and left their opposition in place and are still in opposition after the developer
had met with them. She stated this was a 16-year old PD. No action had been taken on it. The
market standards had changed. The neighborhood had developed. They were asking for
adjacent compatibility. The Planning and Zoning Commission insisted on the density being
changed. She asked the City Attorney if the Council was allowed to consider such things as
decd restrictions, could they consider changing a perimeter zoning to SF-10 and changing the
interior zoning to SF-7, which would meet the concerns of the neighborhood.
City Attorney Prouty stated they could offer those conditions.
Kristoferson motioned, Durrance seconded to approve the request with conditions: the perimeter
lots abutting Juno (Lots 6-16) would be SF- 10 and the remaining interior lots be would SF-7.
Council Member Durrance state! this was voted on last week and it was denied.
City Attorney Prouty stated it was a no-vote, because there was only three votes to deny. No
action could be taken unless there were four votes one way ^r the other.
Council Member Burroughs wanted to know if the proposed conditions were acceptable to the
Ow7icr.
Gould stated that this was a downzouing, lie stated it was not marketable.
Council Member Burroughs asked that it was not marketable-meaning the value of the remaining
lots would be insufficient to dcvehn.
Gould stated yes that would limit a developer while development costs would stay the same.
Mayor Pro Tern Beasicy stated that the standard in the City was SF•7. PD's had gone below that
to smaller lots. She felt this was too high density on this piece of property. She felt that one way
in and one way out was really bad. She stated she would vote in favor of the motion. It was an
equitable use of the land with the neighbors protected on the southern side with the SF-10 and
the rest of it SF-7.
Council Member Young slated what difference did four or five months make. He stated he ! / t r
would be vot'ng against the motion.
Mayor Miller slated he would be voting against the motion. He stated that this development,
although not perfect, was a good development, He stated this development basically met the
1988 plan and the 1998 plan, because it is planned development. He stated that the thing about
lot si_e was when more money was put in the Icl, less money would be put in the home. He
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stated that no one had demonstrated that as smaller lots had been developed, cheaper homes had
been built. He slated there was a market for this.
Council Member Kristoferson stated in response to the proposal not being economically viable,
someone needed to tell the other 10,000 lots that had been zoned in the last year and a half that
their SF-Ts and SF-10's were not economically viable because obviously that seemed to be a
very hot zoning area, so she thought it was extremely marketable and was no way encumbering
anything o:+crous.
Mayor Millet stated he was talking about the market range they are hitting for this particular
product, which vas 590,000 to 5110,000. The Council had indicated that they wanted diversity
of residences is he community so when he spoke about economically viable it meant that if
another $10,000 or $15,000 was spent on a lot and the development was only going to spend
SIOD,OW to $110,000 it's got to come out of the home.
Council Member Durrance stated he agreed about the economical viability. If the project was
not economical viable in SF-4 then Council had just proved several people who were going to be
running to the bankruptcy court. He felt the Council owed a duty to the citizens of the
community to be more than just market driven, and driven by factors of what was cost effective
or what could be placed with a dollar figure on a particular lot. This dealt with adjacent
neighborhood integrity that people were concerned about. To the south and to the east of those
areas were homes which were SF-10. He felt it was not too much to ask to listen to those
neighborhoods and say that Council should be consistent in l ,ose types of rulings and zonings.
What hasn't changed here and what he did not appreciate was a lack of consideration or creativity
in the situation. Staff reported Iasi time that SF-10 to SF-l6 was less than 2% of those 10,000
lots now in the city.
City Attorney Prouty stated this was a do%nzoning. The developer was asking for something ,
more restrictive and made it less dense. What was being proposed was making it even mote
restrictive and less dense. It was not taking away an existing property right.
Counci Member Bs,roughs stated that he was trying to get a feel for the message being
convefed to devci)pers with old PD's that the Council did not like. It seemed as though the
Council was indicating that developers should not come to Council with those old planned
developments or they might lose what they already had.
City Attorney Prouty stated that was a possibility. Any time someone came to the Council with a
zoning request there was always the possibility the Council could impose conditions that made it
less dense and made it more restrictive. In fact that is the only way the Council could do it
without sending it back to the Planning and Zoning Commission. In most cases, in Fingle r
application zoning like this, the only way that you can place conditions without going back at ,
through the process is to make it more restrictive. If it was less restrictive, then all of the
neighbors would have to be notified again so that they knew that it woul3 be less restrictive and
denser.
Mayor Miller asked the City Attorney if the developer objected to this, which he had, would a
supermajoriiy vote be required to approve this motion.
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City Altoniey Prouty stated yes.
Hill slated if 20% of the land represented by the owners affected by the change in zoning filed a
written protest, then it would tike a supermajority. Instead of within the 200 foot area, it focused
in on the exact property. A public hearing had been advertised, held and closed, The real
question, at this late stage, waz whether the owner wanted to fife a written protest or withdraw
his application.
City Attorney Prouty stated it would be unusual to allow that at this late stage.
On roll vote on Council Membcr Kristoferson's motion, Beasley "aye", Mstoferson "aye",
Durrance "aye", Young "nay", Burroughs "nay", and Mayor Miller "nay". Motion failed with a
3-3 vote,
Young motioned, Burrough.+ seconded to approve the proposal as submitted.
Mayor Pro Tent Beasley suggested that since there was one council member who could not vote
on this and obviously the Council very split on this, that the proposal be postponed for a certain
amount of time to let the dcvelopar try to work something out and to allow time for staff to work
with the neighborhood, etc,
Mayor Miller asked if that was a motion,
Mayor Pro Tern Beasley stated there was already a motion on the floor, but that was the motion
she was going to make,
Mayor Miller stated that a motion to postpone took precedence r, rer any other type of motion.
Mayor Pro Tern Bcaslcy motioned to postpone
City Attorney Prouty stated that in the case of a tic vote, the issue was taken up at the next
meeting when there were seven members. It had been ruled that Council Member Cochran could
vote on the issue the same as had been ruled that Council Member Burroughs could vote. There
was no legal obstacle to them voting and they did not have to abstain. The motion to postpone
was in order because when there was a 3.3 tie it was carried over to the next meeting where there
were seven members who could vote so that the lie could be broken one way or another.
Mayor Miller stated there was a motion that had not been voted on and then a subsequent motion
to postpone.
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City Attorney Prouty stated the motion to postpone took precedence.
Mayor Pro Tern Beasley asked if she had to put a time limit on it
City Attorney Prouty stated that the motion could be just bring it back whenever it was ready to
be reconsidered.
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Mayor Miller stated Council could direct staff to work with the developer and the neighbors and
bring the proposal back when they felt it was ready to come back without putting a (;meframe on
it. There was a motion to postpone and work with staff and the neighbors and for staff to be
responsible for bringing it back with the developer.
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On roll vote, Beasley "ayu", Kristoferson "aye", Durrance "aye", Young "nay", Burroughs ' aye",
and Mayor Miller "nav". Motion carried with a 4-2 vote.
ITEMS FOR INDIVIDUAL CONSIDERATION
13. The Council considered approval of a resolution requesting that the 76th Texas
Legislature strongly consider and include within any proposed electric restructuring legislation
the position on electric utility restructuring expressed by and jointly adopted by the four Texas
Municipal Power Agency member cities.
The following resolution was considered;
R98-066
A RESOLUTION REQUESTING THAT THE 76TH TEXAS LEGISLATURE
STRONGLY CONSIDER AND INCLUDE WITHIN ANY PROPOSED ELECTRIC
RESTRUCTURING LEGISLATION THE POSITION ON ELECTRIC UTILITY
RESTRUCTURI JG EXPRESSED BY AND JOINTLY ADOPTLD BY THE ."OUR
TEXAS MUNICYPAL POWER AGENCY MEMBER CITIES.
Sharon Mays, Director of Electric Utilities, stated the resolution represented a base level
agreement between the four cities tF was a first step in the legislative position that could work
all or in part for each of the four cities. It was recvgnized that ea:h city had additional individual
issues that had to be dealt with and it was agreed that this would be the base and if indi"ual
cities needed to move forward with other individual positions it could be done. This was a fairly
straightforward proposal that asked that the cities be allowed to choose to phase in competition
in their service areas. It asked for authority to issue taxable or tax exempt bonds through an
agency of the state of the cities themselves and the ability to secure payment of such bonds and
stranded investment up to the level that had been calculated by the Public Utilities Commission
as a non-bypassable wires charge that in effect removed the cost of the stranded investment from
generation. It also asked for support of the TPPA general position on deregulation.
Kdstoferson motioned; Burroughs seconded. On roll vote, Beasley "aye", Kristoferson "aye",
Durrancc "aye", Young "aye", Burroughs "aye", and Mayer Miller "aye". Motion carried
unanimously.
14, The Council considered approval of a resoluti -n t.viewing and adopting the Investment
Policy for Funds for the City of Denton; designating in investment officer; providing a savings
and a repealing clause; and providing an effective date.
The following resolution was considered:
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City of Denton City Council Minutes
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Page 17
R98-067
A RESOLUTION REVIEWING AND ADOPTING THE INVESTMENT POLICY FOR
FUNDS FOR THE CITY OF DENTON; DESIGNATING AN INVESTMENT
OFFICER; PROVIDING A SAVINGS AND A REPEALING CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
Diana Ortiz, Director of Fiscal Management, stated that the policy included the City s investment
parameters or guidelines that set the conservative structure of the portfolio. State law required
the governing body to review its investment policy and strategies at least once per year. The
City's investment policy was substantially changed last year to comply with the changes in the
state law as a result of the legislation. There was no legislative :session this year and staff did not
recommend any additional changes. The Investment Committee bad reviewed the policy and
recommended that the policy be forwarded to Council for approval. The investment policy
included the designation of an investment officer(s), strategies for each investment type,
settlement requirements of delivery versus payment, market pricing, maximum stated maturities,
and emphasized the safety of principle and liquidity.
Council Member Durrance asked about the parameters for investment features. Had any
dclinec;-1ns been -jade through the state agencies or state treasury as to how that would be or
was it strictly statutory
Ortiz replied it was strictly statutory. There had not been any additional amendments to it.
Young motioned; Beasley seconded to approve the resolutio.t. On roll vote, Beasley "Aye",
Kristoferson "aye", Durrance "aye", Young "aye", Burroughs "aye", and Mayor Miller "aye".
Motion carried unanimously.
15. The Council consider.d adoption of an ordinance approving a real estate contract
between the City of Denton and Rayzor Investments, Ltd, relating to the purchase of 1.288 acre
of land for the expansion of U.S. Highway 77 (Parcels 14 & 25); authorizing the expedditure of
funds therefore; and providing as effective date.
The following ordinance was considered,
98.441
AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE
CITY OF DENTON AND RAYZOR INVESTMENTS, LTD. RELATING TO THE
PURCHASE OF 1.288 ACRES OF LAND FOR THE EXPANSION OF U.S.
HIGHWAY 77 (PARCELS 14 AND 75); AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE,
Young motioned; Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye",
Krisloferson "aye", Durrance "aye", Young "aye", Burroughs "aye", and Mayor Miller "aye"
Motion carried unanimously.
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16. The Council considered adoption of an ordinance authorizing the City Manager to enter
into a professional services contract with Diversified Utility Consultants, Inc. to review Lone
Star Gas Company's request to increase rates in the City of Denton service area; authorizing the
expenditure of funds therefor, and providing an effective date.
City Attorney Prouty stated when Council suspended Lone Star Gas Company's request for a rate
increase, they had gone out for request for proposals for consultants to help review their request
for a change in rates. Diversified Utility Consultants was the top rated proposal out of eight
proposals. The proposals were reviewed for qualifications, experience, resources, conformity to
specs, etc. Staff recommended approval of this agreement with Diversified.
The Council considered the following ordinance:
98-442
AN ORDINANCE AUTHORIZING THE CIYY MANAGER TO ENTER INTO A
PROFESSIONAL SERVICES CONTRACT WITH DIVERSIFIED UTILITY
CONSULTANTS, INC. TO REVIEW LONE STAR GAS COMPANY'S REQUEST TO
INCREASE RATES IN THE CITY OF DENTON SERVICE AREA; AUTHORIZING
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
Young motioned; Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye",
Kristoferson "aye", Durrance "aye", Young "aye", Burroughs "aye", and Mayor Miller "aye",
Motion carried unanimously.
17. The Council considered adoption of an ordinance of the City of Denton, Texas donating
certain historical artifacts to Denton County, Texas, to bE; held in the public interest as public
property; reserving the right to reclaim the artifacts in the event that Denton County was
unwilling or unable to preserve, maintain or display them for the benefit of the public; and
prescribing an effective date.
\ City Attorney Prouty stated this ordinance would transfer and convey some historical artifacts
that the City was successful in recovering from the Denton County Historical Museum, Inc, in
the litigation and the settlement that resulted out of that litigation. It was recommended to
transfer the artifacts to Denton County's Museum which was now occupying the space
previously occupied by the Denton County Historical Museum.
The following ordinance was considered:
98-443
AN ORDINANCE OF THE CITY OF DENTON, TEXAS IIONATING CERTAIN
HISTORICAL ARTIFACTS TO DENTON COUNTY, TEXAS TO BE HELD IN THE
PUBLIC INTEREST AS PUBLIC PROPERTY; RESERVING THE RIGHT TO
RECLAIM 711E ARTIFACTS IN THE EVENT THAT DENTON COUNTY IS
UNWILLING OR UNABLE TO PRESERVE, MAINTAIN OR DISPLAY THEM FOR
THE BENEFIT OF THE PUBLIC; AND PRESCRIMM'i AN EFFECTIVE DATE.
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Beasley motioned; Young seconded to adopt the ordinance.
Council Member Durrance asked if this was the list agreed upon after the litigation. He stated
the list that was it the backup several weeks ago indicated there were still some items in dispute.
City Attorney Prouty stated that there were still some negotiations going on. There may t e some
additional artifacts that possibly could require another ordinance to convey those.
On roll vote, Beasley "aye", Kristoferson "aye", Durrance "aye", Young "aye", Burroughs "aye",
and Mayor Miller "aye". Motion carried unanimously.
18. The Council considered nominations and appointments to the City's Boards and
Commissions.
Council Member Young nominated David Talon to the Keep Denton Beautiful Board.
Council Member Burroughs motioned, Young seconded to suspend the rules to allow the
Council to vote on this nomination. On roil vote, Beasley "aye", Kristoferson "aye", Durrance
"aye%Young "eye", Burroughs "aye", and Mayor Miller "aye". Motion carried unanimously.
On roll vote on the nomination, Beasley "aye", Kristoferson "aye", Durrance "aye", Young
"aye", Burroughs "aye", and Mayor Miller "eye". Motion carried unanimously.
19. Miscellaneous matters from the City Manager.
City Manager Mike Jcz reminded the Council that at the next regular meeting the annual
performance reviews for Council appointed employees would be done.
20. New Business
There was no new business.
Following the completion orthe Regular Session, the Council convened into a Work Session and
considered the following,
1. The Council received a report regarding the fiscal year 1997-1998 Annual Investment
Program.
Diana Ortiz, Director of Fiscal Operations, presented the 1997.1998 Annual Investment r
Program. She stated the program u as in compliance each quarter with all the perimeters as stated
In the policy and the funds were totally protected at the depository bank. Some of the
accomplishments achieved by the investment program included implementation of the lock box
system, the investment tracking so Aware, online cash management services, converting to a new
bank depository, streamlining of cash management operations %ia controlled disbursements,
controlled concentrations and automated account reconcilliations, and consolidation of
investment custodial service.
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Page 20
Mayor Miller asked if this had been reviewed by the Investment Committee.
Ortiz stated that it had been approved by the Investment Committee.
2. The Council received a report and gave staff direction regarding Robson Communities
development issues.
Linda Ratliff, Director of Economic Development, presented a report on the proposed Robson
Communities development. She stated Robson Communities was considering the development
of a resort community to be located west of 1-35W, south of 2449, and north of Crawford Road.
Robson had 2500 acres under contract. Several issues needed to be addressed before
development of the property could be done. Water and sewer service were not available, and the
cost to extend valet/sevver lines was several million dollars. Approximately two-thirds of the
property was located in Denton's ETJ, and the remaining one-third was in the City of Northlake's
ETJ. Robson would prefer to have all of the property in Denton's ETJ and subsequently annexod
into the City of Denton. Robson wanted to promote the same "resort" image of their existing
projects, and they were asking for certain variances that had not previously been considered by
staff or Council. Robson was asking the City of Denton to give them permission to operate a
private utility. They had proposed to o•.vn their own waterlwastewater utility and were asking
that impact fees be waived, as the developnrnt would have no impact on City facilities. Staff
and the Public Utilities Board recommended that Robson's request For a separate
water/wastewater system to denied, and Robson work with staff to find a satisfactory solution
for providing watcriwastewater service. The Public Utilities Board endorsed the philosophy that
development along the I.35W coiridor be serviced by Denton waterlwastewater utilities because
of the importance of economic development in that area. This philosophy implied that the City
should consider ways to help participate in the cost of utility infrastructure installation in
important corridors. The Public Utilities Board also recommended that the City expedite the
constriction of the already planned water line extension along Hwy. 377 In the year 2001 in
order to connect the Hills of Argyle subdivision to the Denton system and eilminatc the reliance
on the Upper Trinity Regional Water District fur water to this area. Staff and the PUB concurred
that the City should provide the water and wastewater service to Robson. The options for
providing this service included connection to Denton's linen, Denton service through water
supplied by the UTRWD, similar to how the Hills of Argyle was currently being handled, and
service through a system of municipally-owned ground water wells and a wastewater treatment
plant that Robson would build and dedicate to the City.
Mayor Pro Tern Beasley asked whether it was feasible to use groundwater for this development
when this was basically a city of 10,000.
Jill Jordan, Director of Water(Wastewatcr Utilities, stated that staff was doubtful that there was r
sufticicnt ground water supply to sustain the development over a prolonged period of time. t
Groundwater was not a long-tcrn solution for the entire subdivision as it eventually it would ( l
have to be connected to a surface water service. She stated groundwater could be a partial
solution for a temporary source of water.
Council Member Young felt that Robson should be able to use: groundwater on a temporary basis
until the City could provide services.
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Mayor Miller asked if any test wells had been dug and what the water table was there.
Jordan stated that Robson was planning on digging a test well in January and results would be
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available sometime in Febnjary. Trying to decide what the water system or wastewater system
should be at this time wat premature because all the numbers were not available and them was
more discussion that neeled to take place with Robson.
Mayor Pro Tcm Beasley expressed concern about depleting the groundwater ;;upply there and
felt the PUB'S recommendations were very good and staff should work with Robson to find a
solution.
Council Member Kristofersor stated h^_r support of the PUB's recommendations and would not
support the City and the citi&ns of Denton having to support utility infrastructure out to this
area.
Council Member Burroughs wanted to know if there was any other private water company
operating within the city limits.
Jordan stated there was an individual on Carpenter Road who owned a small well system where
he basicaliy sold water to his neighbors. There was a project now to cornett him onto the City's l
system.
Council MembeT Burroughs wanted to know if there would be any difficulty in transferring at
some point in the future onto the City's system.
Jordan stated that would need to be resolved in some kind of contractual way whether it was part
of the PD or some other type of agreement so the City would know specifically when that would
happen. This was a departure from the City's normal policy.
Council Member Durrance wanted to know what the groundwater reserves were in that area,
l what was estimated and what was actually bring used. lie asked what was the estimated use per
capita per person in the City. He wanted to know what would be the estimated costs on the lines
for this area and how those estimated costs would affect prevent CIP projects for infill within the
City. He also wanted to know what options would bo available, if any, for implementation of
those particular lines.
Jordan stated they did not have specific information on the groundwater reserves. She stated the
per capita use pcr person in the City wos 180 gallons per person per day. The five-year CIP plan
included a project to bring water from the Bent Creek Subdivision down to the Hills of Argyle
Subdivision in the year 2001. That project was estimated to cost about a million dollars.
Mayor Miller felt that the Council would go along with the recommendation of the PUB and 1 r'
staff regarding the options listed on page three of the back-up materials.
Ratliff stated the project would be a secured gated neighborhood, geared towards the senior
retiree. In the recommendation from the Fire Department, the development would be treated to
any gated community and -.n emergency device called an "opticom" would be required. Another
recommendation from the Fire Department was that a fire station be located somewhere along 1,
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Page 22
F.M. 2449 some time in the near future. The Fire Depement's travel time gosl of fiva minutes
to an emergency would be impossible due to the distance from the fire stations to this area.
Fire Chief Ross Chadwick stated he would like to see a fire station in the area as soon as
possible. He stated the next fire station for the City would need to be in the southwest section of
the City.
Mayor Pro Tem Beasley asked if there would be more emergency medical calls than fire calls
due to the age of the population in this development,
Chadwick slated yes.
Ratliff stated that if the Robson development included publicly dedicated parks and recreation
facilities within the perimeter fence and gate, a 10:00 p.m. closing time would be acceptable and
could be established by ordinance. Robson had asked the City to maintain the roads In the
community and stated that the homeowner's association would maintain the landscaping and
decorative hardscape street enhancements and bear the related costs. Staffs recommendation
was that if this was a private gated community with private streets then they should be
maintained by the development. Public use of the golf course and restaurants during build-out
would be encouraged. Build-out was estimated at 20-30 years. Staff was concerned whether i
these amenities would be available to the public after build-out.
Council Member Kristoferson stated that Council Member Cochran did not believe in gated
communities. She also stated that he would not support seeing streets built by the developer and
maintained by the City if they were not accessible to all the public. She stated she also supparted
these sentiments
Council accepted staffs recommendation regarding the streets in the developm-rit.
Ratliff stated that Robson warned to discuss any general moratoriums that might be imposed by
the City vnd how they might affect the development. Robson asked that development fees
become a part of a development agreement between Robson and the City of Deacon. They
suggested that the agreement set appropriate, pre-existing, agreed-lo, fees and provide
allowances fur periodic increases for inllatiin, etc. A guarantee that Robson be named
specifically as immune to potential development moratoriums was not considered feasible by
staff due to potential claims of discrimination. The Planning Department would not recommend
a "fee ceiling" given the fact that the zoning and subdivision regulations might experience
significant changes. The City could not guarantee that the impact fees would not change because
developments as 1r-ge as the Robson plat only portions of their property at a time and the impact
fees could change over time, The Director of the Parks Department indicated he would be
willing to consider contract language, which would set pre-determined fee adjustments fur the
Park Development fees. 1
City Attorney Prouty staled that these fees were based on the impact of the particular subdivision
and anything the Council did that did not follow that particular formula was questionable legally.
Mayor Miller stated the Council accepted staffs recommendations regarding general
moratoriums, "fee ceiling", impact recs, and park development fees.
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City of Denton City Council Minutes
December 15,1998
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Page 23
Ratliff stated that Robson was working with the City of Nonhlake regarding the ETJ problem.
They had indicated that Northlake would consider relinquishing its ETJ in return for a temporary
water and sewer stub across Crawford Road for a potential shopping center site. They requested
that the City's staff assist in making sure the transfer would be documented correctly. Staff had
two recommendations that were on page seven of the backup. Staff would prefer option one but
was open to the second,
Council Member Bum,ughs asked if Denton cou,J sell water wholesale to Nonhlake for this
location.
Jordan stated probably but it would be a deviation from normal policy. i
Ratliff stated that Robson asked that the annexation boundaries be set at the perimeter of the
project, not including the peritneter road& which were Crawford Road and Florence Road.
Robson was working with Denton Cc•uxty regarding the County's participation in Improvise
those roads so they were requesting that those roads not be annexed into the City and remain
County roads, Two scenarios had been prepared by staff, which were on page levee of the back-
up. Staff preferred scenario H2 because they felt that those two roads would never to major City
of Denton thoroughfares and would likely define interlocal boundaries between the City and the
Town of Northlake.
Council Member Durrance stated he disagreed with this. He felt this set a bad prmedcnce for
what was coming up in the legislature with regard to annexation and that the City would be
limiting their boundaries and ETJ,
Deputy City Manager Rick Svchla stated that by not annexing Crawford, maintenance would be
eliminated, and by not annexing Florence, the western ETJ would be limited by $0 feet.
Consensus of Council was to proceed with scenario two.
Ratliff presented other concerns expressed by Robson. Denton Municipal Electric was certified
to serve only it portion of the Robson tract. CoServe was certified to serve the entire project.
Staff recommended that Denton Municipal Electric not serve the Robson community. Robson
wanted to know if the City of Denton Solid Waste Department would provide solid waste
service.
Howard Martin, Assistant City Tanager for Utilities, stated that if the development was annexed
into the City, solid waste service would be provided.
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Council Member Young asked who was providing solid waste service to the Bills of Argyle,
Martin stated he did not know but would check on this.
Council Member Kristoferson stated that items 4 and S were very detailed In the back-up and
had excellent recommendations from staff regarding continuation of the process for Item 4 and
further study for hem S.
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City of Denton City Council N linutes
December 15, 1998
Page 24 `
Kristoferson motioned, Young seconded to give staff direction to proceed with their
recommendations for items 4 and 3. On roll vote, Beasley "aye", Kristoferson "aye", Durrance
"aye", Young "aye", Burroughs "aye", and Mayor Miller "aye". Motion carried unanimously,
3. The Council received a report, held a discussion, and gave staff direction regarding the
draft Growth Management Strategy.
Dave Hill, Director of Planni:,g and Development, introduced Mark Bowers, HOK consultant,
and Renee Jaynes. Bowers stottA that based upon the preferences expressed by the citizens of
Denton at the community meetings and at the community workshop, the Growth Management
Plan presented a preferred alternative for future growth in Denton. The plan combined many of
the concepts from the alternative development scenarios that received favorable responses at the
community meetings, including the development of "neighborhood centers", "urban centers", and
a strong industrial district within the City, while encouraging the restoration, redevelopment and
infill of parcels in the dov: ntowr area Pod adjacent to the University of North Texas and Texas
Woman's University,
Bowers stated tha: the sub-areas had been split to show which areas would be urbanized and
which would be rural. Some of the major conclusions reached at the community workshop were
that the community wanted the quality of growth strongly managed. The quantity of growth
would be managed through the adequate public facilities requirements and proactive planned
extensions of services. The location of growth would be strongly managed as indicated In the
Growth Management Strategy Plan. The timing of growth would be strongly managcd through
tools such as adequate public facilities requirements and the capital improvements program. He
reviewed several of the changes made to the specific aspects of the Plan based on the community
meetings.
Renee Jaynes presented the objectives and tools based on feedback from the community and the
Council. She slated that the community wanted the quality of new development to be strongly
managed, that the environmentally sensitive areas be protected, and that Demon's unique quality
of life and unique character be retained in this process. The community wanted to ensure that
adequate public facilities existed to service growth and that new development met community
standards. Citizens wanted the location of growth to be strongly managed, mixed-uses should be
supported in appropriate locations, infill development be encouraged so that the center of the
City remained strong and vital, existing neighborhoods be preserved as well as the downtown
area, and wished to sec opportunities for encouraging the growth of the non-residential portion of
the tax base to enhance both the City's and the School Districts fiscal positions. The community
wanted the timing of growth controlled to ensure the adequate provision of City services and
facilities and growth in desired areas stimulated. The Growth Management Strategy would be
the cornerstone for staff in relining and bringing the Comprehensive Plan to Council. Adoption r
of the Comprehensive Plan would give the City a good tool to guide the location, quantity and I ,
character of future development. The Comprehensive Plan would also give the City a means for l !
coordinating the master plans for city services and utilities and making sure that future growth
and new development was compatible with existing development within the City. Some of the
individual tools they recommended the Council adopt were the small area and corridor planning,
and the use of the capital improvement program to direct growth to desired locations within the
City. The capital improvement program could be used to control the quantity of development
through the level of services provided and also allowed control of the timing of development
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City of Denton City Council Minutes
December 15,1998 k;
Page 25
when combined with the adequate public facilities requirement in terms of when services would
become available. She stated another tool would be the preparation of master plans for
infrastructure to influence the location and quantity of future growth. When the master plans
were tied in with the capital improvement program that would make the tools for controlling the
timing of new development activity that much more effective. They recommended the Council
consider developing aid implementing adequate public facilities policies. They recommended
the Council look at utility participation politics and consider using them as Incentives to direct
growth to desired locations whether in certain corridors of the City or using it to support the
continued reinvestment in older parts of the City. The impact fee program could be used to
direct development to desired locations. Impact fees structured properly could be used to
encourage growth in areas where adequate facilities existed and where development would be
less costly to serve, The annexation policies could be used to help control the quality of new
development and growth using them as a tool to control future land use and density decisions,
and as incentives to encourage infill and redevelopment activity as well as other objectives that
might be in the Comprehensive Plan. Incentives could take a variety of forms, they did not need
to be just financial in nature. Incentives could be structured into the zoning ordinance to try to
help achieve public policy objectives. Use could be of the zoning ordinance maps, subdivision
regulations, and site plan review process to support the implementation of the Growth
Management Strategy and Comprehensive Plan. She slated those regulatory tools were very
important in controlling the location of growth, the quantity of that growth, and particularly the
quality of new development. There would be issues beyond local control that would require
coordination with other governmental agencies in joint planning activities and using inlerlocal
agreements.
Council Member Young asked if they came up with the prediction that in the year 2020 the City j
of Denton would be 213,000.
Hill stated that HOK was a sub-consultant to RUST and RUST came up with the population
projections.
Council Member Young stated that there were people believing that there would be 213,000
people in the City of Denton in the year 2020.
Hill stated that the consultant stated that the rate of growth co ild carry on for daades. He stated
their forecast was fairly conservative. Ho als3 stated that they would be looling at annexing
about 20 square miles as well as including the existing city limits to reach a population of
185,000.
Council Member Kristoferson wanted to know if each person attending the community workshop
had received a copy of the summary.
Hill stated that staff wanted to present it to Council first and then they would send it out to the (f
citizens.
Items 04 and were not discussed as indicated by a prior motion of Council Member 1
Kristoferson.
With no further business, the meeting adjourned at 12,35 p.m.
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Page 26
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
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JANE RICHARDSON
DEPUTY CITY SECRETARY
CITY OF DENTON, TEXAS
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AGENDA INFORMATION SHEET .
AGENDA DATE: April 20,19^9 Questions concerning this
acquisition may be directed
DEPARTMENTt Purchasing to Cary Tower 349-8424
ACM- Kathy DuBose, Fiscal and Municipal Services
SUBJECIi
AN ORL+TNANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DL UGNEE TO EXECUTE A PURCHASE ORDER VATH THE HOUSTON-
GALVES fON AREA COUNCIL OF GOVERNMENTS (H-OAC) FOR THE ACQUISITION
l OF A SKID STEER LOADER BY WAY OF AN INTERLOCAL AGREEMENT WITH THE
CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND
PROVIDING AN EFFECTIVZ•' DATE (PURCHASE ORDER 94105 TO H-OACAW
EQUIPMENT COMPANY IN THE AMOUNT OF $22,009.76).
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SACKGROItND:
During the 1998.99 budget process, Council approved the funds for the acquisition of a skid steer
loader, The Houston-Galveston Area Council of Governments (H-GAC) has an annual contract
for skid steer loaders that wccts our specifications. The supplier is RDO Equipment Cotopany in
Fort Worth, Texas. The manufacturer is John Deere,
RECOMMENDATION;
We recommend Purchase Order 94105 to H-OAC be approved in the amount of $22,009.76.
ESTIMATED SCHEDULE OF PROJECT:
Tire skid steer loader is in stock at RDO Equipment Company and available for delivery within ,
five working days.
PRIOR ACTIOXiREVIEIY (Cnuncll. Boartls.Commisslonslt
An Interlocal Cooperative Purchasing Agreement between did City of Denton and H-GAC for the
acquisition of equipment, supplies, or services was approved by Council in 1995 (Ordinance 95-
107),
FISCAL INFORMATION:
Funds for this acquisition will come from Motor Pool Lease account (720.02'-0584.9104).
PURCHASI.ORDER INFORMATION:
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H-GAC has solicited, received, end awarded bids for an annual contract for construction
equipment similar to the equipment on this purchase order. The unit requested is a John Deere
Model 240 Skid Steer Loader with a 60-inch dirt bucket, 48-Inch pin-type forks, scrap grrpple r
bucket, and extended warranty. The loader is powered by a 37-horsepower diesel engine. The
equipment will be assigned to the Drainage Division and Is a fleet addition.
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AGENDA INFORMATION SHEET
APRIL 20,1999
PAGE 2OF2
Respectfully submitted:
as-
Tom Shaw, C, .M., 349.7100
Purchasing Agent
Attachment 1: Purchase Order 94105 to H-GAC
Attachment 2: H-OAC Price Sheet
12N.AOENDA
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PURCHASE ORDER NO: 94105 MIN ,J M AAA
This number mint appear on all CONFIRMING ORDER
Inuolces, delivery slips, eases, OF MARKED?. n
ems., boxes. pecking tips and bills. DO NOT OUPLICATE
I@% Nor Bid Na 00ty 04 01 99 Page No. 01
A
PURCHASING DIViCION 1901 OF DTEXAS EN TON TDEENTTON. TEXAS 76201-4354 "
9401349-7100 DIFW K*TRJ 8171267-0042 FAX 9401349-7302
NDDR H-()AC` Visit the City of Dentoris Website at wwwntyoldentontom
%ME/ P.O. BOX 22777 DELIVERY CONFIRMATION ONLY C14
)DRESS )555 TIMMONS SUITE 500 ADDRESS FLEET SERVICES
HOUSTON TX 77227 804 TEXAS
DENTONs TX 76201
VENDOR NO. BOA49000 DELIVERY QUOTED 05 01 99 FOB DESTINATION BUYER TS TERMS
)O1 1.000 EA VENDOR CAT. /JD-240 NF0 NAME 16,459.000 16,458.00
CITE 4 9100
SKIII STEER LOADER WITH 60" DIRT BUCKET
,
)02 1.000 EA VENDOR CAT. ll N / A MPG NANO 734.210 734.21
CITY 1 9100
PIN VTYLE FORKS
x)03 w 1.000 EA VENDOR :AT. 4 N / A NF0 NAME 250.030 250.00
CITY 0 9100
SUSPENSION SEAT
304 1.000 EA VENDOR CAT. 44181M MFG NAME 2#700.000 21,700.00
CITY 4 9100
SCRAP GRAPPLE BUCKET
P GB TOTAL I 201,142.21 `
6NDOR INSIRp t"- 1. Tsrms • Net 10 kaN...M.~...1,„'e.O
l Sand sr1w leeks will I.41mo to" 4. Shl"1111 Intb.UiV* E.0.5 Oatirrllkn psps~4 Will .1A.i.i.. Im,m.al
1 dill to - Aetkehts Fylls S, No fs4nd Of nm fills Us sfrtl Is W=Av4 eon
S E 11tkM,M1~ St M Flke1 littt!
0" „Tx„71201,,1111,,,...
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PURCHASE ORDER NO: 94105 lnW aJ M xxX
This number must appear on Mi CONFIAMINO ORDER
Iny6cos, delivery dips, uses, OF 14AW 1
ctns, Doses. psckinp dips wA bills, 00 NOT DUPLICATE
lop Na Bid No: Date: 04 01 99 Page No. 02 TEXS
PURCHASING OINiSSIIpN9001 8 DEN SONf 1 06NTTM TEXAS 78201-4364 TEXAS 9401349-1100 D1FW k4ETR0 0171281-0042 FAX 9401349-7302
NDOR H-GAC Visit tM City of Denton's Wobsits at v~C1tyoldent0ncom
IMF! P.O. BOX 22777 DELIVERY CONFIRMATION ONLY C14
DRESS 3555 TIMMONS SUITE 500 ADDRESS FLEET SERVICES
HOUSTON TX 71227 804 TEXAS
DENTON, TX 76201
VENDOR NO, HOA49000 DELIVERY OUOTEO 05 01 99 F08 DESTINATION BUYER TS TERMS
X05 1.000 EA VENDOR CAT. 4 N / A KFO WAKE 1,489.000 1,489.00 '
CITY 1 910D
EXTENDED VARRANTY
'06 1.000 EA VENDOR CAT. 4 K / A MFG MAKE 318.550 378.55
CITI 1 9100
HGAC ADMINISTRATIVE FOE
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III
P l,02 TOTAL t 1,867,55
OR NO TOTAL I 22,009.76 f
01 720 026 0584 9104 22,009.76
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4N0p8 BiSTfiIC1i0Mk . ,.j 1 Urml • Nn 10 s..~.., .n..in vs.e~
Sse4 1n1A/ 114*11 mo + 4. Leifa.ng MIrv4liorrF f.0.L Dedineli an r1►e1 Iu.i... ~1110 V"0640 !
E
4 u to + 4YAl! FaMif1 1. No 111NII H 0411 Idol Ole sMn M M+eluise s
. 1 L IkKy~yy k ' ~ ie Kkse 111led.
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Attachment 2
4PIC PROlOUCT PRICING BASED ON CONTRACT AE
The followtnr derat:s MUST be nrovldrd wtA onxpyreb a err lrsee an End Vier to H.CAC
dad UstrA jency: 0.rct0V~ Date Prepared by Contractor 3•Ar3 .4
Product 7escription:_ 6240 S r-114 Z7e l e. L
oe
A: Base Price ioDid/Proposal Number N t~P Series 10 » S 1"~ Q8
B: Published Options (Itemler be ,
SSTS S I~1 0
S
S S
S S
Subtotal Columo L 0 00 Subtotal Column 1: f
Published Options added to Bast Fri w 0
ere /Sabfota7 of "Co71 " + "Cc! 111 S
V O
C. SubiotrJ cf A+ B 0 b
.2$ /O~I~~ Oh • S""_~
Unpublished Options (lnmueteb-J Unpublished- Yr ~a~eAa. ew1v7
1
U~ NOTU Vapublis bed Options cannot ba aced to treats soother modeL J00.4
11 1s. ~s_ `1311.Zf ~,t ~IvtnK w s 3 ~
s: a~t~n zert s 4b Wits Y: 8 a` s `
'=rcretaTme.•"1c+~;lac resr y s7~'F~-' y~ICA a9~
Subtotal Column I: S- Subtotal Cahoon 1: $
If Unpublished Options added to Base Price/Sobtotal of "Cot 1"+ •Co11"1
j E: Contract Price Adjustment 1flwv eyfain Ar.e1
S
F: Tots IofC+D+!•E jNoti"eledms$.a.tCFeel f [ 3~.`af
G: Quantity Order ad [Unity / st F f Ss~ {s'(• c~
11: H•GAC Administrative Fee {From lee kheduka, Tst e,
L Von- Equipment Charges R Credits (u: LA lrenenb, bedr-ot Deh e ) s a~•s
Subtotal orNon-Equip mini Charges f
TOTAL PURCHASE PRICE INCLUDING 1 G + H + I I $
Ibnamrh,'eaoppurlamrhpecfartahe i
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ORDINANCE NO,
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR
HIS DESIGNFE TO EXECUTE A PURCHASE ORDER WITH THE HOUSTON-
GALVESTON AREA COUNCIL OF GOVERNMENTS (H-GAC) FOR THE ACQUISITION
OF A SKID S LEER LOADER BY WAY OF AN INTERLOCAL AGREEMENT WITH THE
CITY OF DENI'ON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 94105 TO H-GAC/.(DO
EQUIPMENT COMPA -a IN THE AMOUNT OF 522,009.76).
WHEREAS, pursuant to Ordinance 95.107, the Houston-Galveston Co,,nci) Area of
Go%emment (H-GAC) has solicited, received, and tabulated competitive bids for the pur.nase of
necessary materials, equipment, supplies, or smites in accordance with the procedures of state
law on behalf of the City of Denton; and
WHEREAS, the City Manager ar a designated employee has rr^ewed and recommended
that the herein described materials, equipment, supplies, or services can be purchased by the City
through the Houston-Galveston Area Council ofGovemment (H-GAC) programs at less cost than
the City would expend ribidding these items individually; and
%V`HEREAS, the City Council has provided in the City budget for the appropriation of
funds to be used fo, to purchase of the materials. equipment, suppL^s, or services approved and
accepted herein; NG• W, TH ~RF FORE,
THE COUNCIL Of THE CITY OF DENTON HERFBY ORDAINS;
SECTION I. -Chat the numbered items in the following numbered purchase order for
materials, equipment, supplies, or set ices, shown in the "Purchase Orders" attached hereto, are
hereby accepted and approved as being the lowest responsible bids for such items:
PURCHASE
ORDER VENDOR AMOUNT
94105 H-GAC $21,009.76
SL-C1ION II. That by the acceptance and approval of the above numbered items set
forth in the attached purchase order s, the City acccpta the offer of the persons submitting the bids
to tlhr H-OAC for such items and agrees to purchase the materials, equipment, supplies, or
sen ices in accordance with the terms, conditions, specifications, standards, quantifier and for the
specified sums contained in the bid documents and related documents filed with the H-GAC, and
the purchase orders issued by the City.
SEC'1 [ON 111, That should the City ^nd persons submitCrg approved and accepted
items set forth in the attached purchase orders wish to enter Into a formal written agreement as a
result of the City's ratification of bids awarded by the H•GAC, fne City Manager or his i '
designated reyresentatNe is hereby authorized to execute the written contract which shall be e
attached hereto, provided that the written contract is in aeeordanee with the terms, conditions,
specifications and standards contained in the Proposal submitted to the H-GAC, quantities and
specified sums contained in the City's purchase orders, and related documents herein approved
and accepted.
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SECTION IV. That by th- acceptance and approval of the above numbered items set
forth in the attached purchase orders, the City Council hereby authorizes the expenclinm of funds
therefor in the amount and in accordance with the approval purchase orders or porsuaht to a
%Titten contract made pursuant thereto as authorized lwyeir,
SECTION V. That this ordinance shall becorx efTective immediately upon its passage
and approval.
PASSED AND APPROVED this _ day of ,1994.
JACK MILLER. MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL'- )RM:
HERBERT L. PROUT)'XIT'. kTTORNEY
BY:
94103•116AC CNTEALOCAL(.COOPERATIVE PURCHASING ORDINANCE
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AGENDA INFOWNIAT10N SHEET -
AGENDA DATE, April 20, 1999 Que0lons concernhig this '
acquisition may be directed
DEPARTMENT, Purchasing to Cary Tower 349.8424
AC' I: Kathy DuBose, Fiscal and Municipal Services
SUBJEC'Ts
AN ORDINANCE ACCEPTINO COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR THE PURCHASE OF MEDIUM TO HEAVY DUTY TRUCKS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID
2317 - MEDIUM TO HEAVY DUTY TRUCKS AWARDED AS LISTED BELOW IN THE
TOTAL AMOUNT OF $354,588,24),
BACKGROUND:
(See attached Tabulation Sheet)
R E C yNUIENDATION:
We recommend this bid be awarded to the lowest bidder meeting specifications for each truck as
listed below,
IT '%I QTY DESCRIPTION SUPPLIER COST
I 1 12 5'ard Dump Truck Southwest International S63 530,00
2 1 Cab,'Chassis w,,Utility Body Village Ford 584107100
3 1 Cab'Chassis %-A 000 gallon Water Tank Southwest International $74,823.00
4 I Cab'Chassis w FiRh•wheel Haul Truck Bruckner Mack Y $67182,24
5 1 C&Chassis wlService Truck Body_ Village Ford $62,926.00
W TOTAL S33458924
ESTIMATED SCHEDULE OF PROJECT:
The quoted delivery for the vehicles is estimated to be 60.240 days from receipt of a purchase
h order or approximately lone 1999 for the fuse truck or as late as December 1999 for the last.
FISCAL INFORMATION.
Funds for the purchase of this equipment will come from the following sources approved in the
1998.99 budget process,
Motor Pool Vehicle Replacemcat Fund S167,463,00
Motor Pawl Lease Fleet Additional Fund $137,749.00
Drainage Division Capital Expenditure Fund S 43,824.24
Water Distribution Capital Expenditure Fund S 3,350,
TOTAL S334,388.24
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AGENDA INFOPUMATION SHEET
0 PRIL 20,1999
P,t_OE 2 OF 2
BID INFORMATION,
this bid is for the acquisition for five medium-to-heavy duty trucks.
Gem 1 is a 12-cubic yard dump truck to be assigned to the Water Distribution Division and is a
mots: pool replacement vehicle.
Item 2 is s 22,800-OVW truck with an enclosed utility body, power source, and hydraulic tool
circuit. It wi!l be assigned to the Electric Distribution Division. 'This power source truck Is a
motor pool replacement vehicle. j
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Item 3 Is a 32,600-GVW truck with a 4,000-gal ton water tank and is a fleet addition for the Solid
Waste Landfill Division.
Item 4 is a 58,000-OVW truck with a fifth-wheel hitch system. It Is a motor pool replacement
and will be assigned to the Drainage Division.
Item S is a 26,000.OVW truck with a service body, compressor, 5,000-pound crane, and
hydraulic tool outlets. It will be assigned to the Fleet Services Division,
Respectfully submitted:
1
Tom Shaw, C.P.M., 349.1100
Purchasing Agent
Attachment 1: Tabulation Sheet
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TABULATION SHEET
BID M 2337
010 NAME MED TIM TO HEAVY DUTY TRUCKS
DATE: 313011949
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1 SOUTHWLSTINTERNATIONAL 66650.00
2 HENDRICKGMC 67464!10
3 BARRETT MOTOR 00 S66 60'7.00
4 DURRANT/CLASSIC CHEVEROLET $60,310.00
5 METRO FORD A sag .600.00
0 METRO FORD B D 600.00
7 METRO FOkO C 00 655.00
8 METRO FORD r - 10140,00
8100 2337
610 NAME MEDIUM TO HEAVY DUTY TRUCKS
DATE: 313 011 0 4 9
x g K,k
ORI)ER
1 VILLAGE FORD W,107.00
2 COMMERCIAL BODY ,684.00
HENDRICK GMC BD 68600
4 SOUTHWLSTERN INTF,RNATIONL SDO 610 00
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810 0 2337
BID NAME MEDIUM TO HEAVY DUTY TRUCKS
DATE: 313011949
ITEM 3 -62,00,0 VW HASSI&W"
1 SOUTHWEST INTERNATIONAL 314 623,00
2 HENDRICK GMC 16 41000
3 METROF'ORD 18495.00
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TABULATION SHEET r
BID S 2337
010 NAME MEDIUM TO HEAVY DUTY TRUCKS
DATE': 313011M
ITE7 40000 CABICH BlIBhIFT WHIIEL ULTRUC
O DER s :rL• w..ti~u'~et x:59' 1!4''~'&1~ '~?PPJCIA
1 BRUCKNER MACK 7153.04
2 SOUTHWEST INTERNATIONAL $80,884.00
3 METRO FORD $00,905.00 f
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4 DAUAS MACK A 371 504.25
5 DALLAS MACK B $72,740.00
BID # 2331
BID NAME MEDIUM TO HEAVY DUTY TRUCKS
DATE: 313011009
M 6 - 26.00 GVM C HASaIS WITH SERVK;E BODY
ORDER VENDOR • PRICE "
1 VILLAGE FORD $62,926.D0
2 SOUTHWEST INTERNATIONAL 010.00
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3 HENDRICK GMC $84.023.00
4 METRO FORD 04,60 .00
5 COMMERCIAL BODY $63765 00
6 CAPITAL CITY _ 70 51300
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ORDINANCE NO. _
AN ORDINANCE ACCEPTINO COMPETITIVE BIDS AND AWARDINO A CONTRACT FOR THE
PURCHASE OF MEDIUM TO HEAVY DUTY TRUCKS; PROVIDING FOR THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDINO AN EFFECTIVE DATE (BID 2337 • MEDIUM TO HEAVY
DUTY TRUCKS AWARDED AS LISTED BELOW IN THE TOTAL AMOUNT OF $134,588.24).
WHEREAS, the City has solicited, received and tabulated competid,-e bids for the purchase of
necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and
City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended that the
herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as
shown in the "Bid Proposals" submind therefore; and
WHEREAS, the City Council has provided In the City Budget for the appropriation of funds to be
used for the purchase of the materials, equipment, supplies or smiccs approved and accepted herein; NOW,
THE REF )RE,
IHE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SF.C QNI. That the numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as
being the lowest responsible bids for such items:
BID ITEM
iyU,MBE ML VEZ%p4B AMO
2337 1,3 Southwest International S14O,373.00
2337 2,5 Village Ford 5141,033.00
2337 4 Bruckner Mack S 67,182.24
SECTION Il. That by the acceptance and apprc val of the above numbered items of the submitted I
bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the
materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities
and for the specified sums contained in the Bid Invitations, Did Proposals, and related documents.
SECTION III. That should the City and persons submitting approved and accepted items and of the
submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and j
uwardrng of the bids, the City Manager or his designated representative is hereby authorized to execute the
written contract which shalt be attached hereto; provided that the wrinen contract is in accordance with the
terms, conditions, specifications, standards, quantities and specified sums contained in the Did Propcaal and
related documents herein approved and accepted.
S [CTION 1, That by the acceptance and approval of the above numbered items of the submitted
bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance
with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein, t t
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SECftON V, That this ordinance shall become effective inunedkateiy upon its passage and approval.
S
M `cPASSED AND APPROVED Ns-- day of , i999.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: _
1771 SUPPLY. ORDINANCE,
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EXHIBIT A
BID 2337 - Medium to Heavy Duty Trucks
ITEM TY DESCRIPTION SUPPLIER COST
1 1 12 Yard Dump Truck Southwest lnkmational $63,550.00
2 l Cab/Chassis w! Utility Body • Villago Ford $84,107.00
3 1 Cnb/Chassis w/4000 g-alosl Water Tank Southwest International $74,823,00
4 1 Cab/Chassis w/Feflh Wheel }caul Truck Brvckner Mack 567,182.24
5 1 Cob/Chassis ww/Saviee Truck Body Vi$lAge Ford 562,926.00
TOTAL $354,588.24
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AGENDA INFORMATION SHEET
AGENDA DATEi April 20,1999 Questions concerning this
acquisition may be directed
DEPARTMENTr Purchasing to Sharon Mays 349.8487
ACM: Kathy DuBose, Fiscal and Municipal Services
SUBJECT:
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDINO A CONTRACT
FOR THE PURCHASE OF TUBULAR STEEL TRANSMISSION LINE STRUCTURES
(POLES); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDINO AN EFFECTIVE DATE (BID 23,6 - TUBULAR STEEL TRANSMISSION
LINE STRUCTURES AWARDED TO THOMAS & BETTS CORPORATION IN THE
AMOUNT OF 5420,060).
BACKGROUND:
(See attached Tabulation Sheet)
REC OMMFNDATION1
We recommend this bid be awarded to the lowest responsible bidder, Thomas & Bens
Corporation, in the amount of 5420,060.
ECM,%1FD SCIIEDL1l.I'I OF PROJECTt
The anchor bolts for installation will be shipped 10.12 weeks after receipt of an order and the !1
poles will ship 8-10 weeks later. p.!t material will be delivered by approximately August 1S,
1999.
PRIOR ,%('TION/REVIEW fCouecil, Boards. C'ommissionstr
The Public Utility Board reviewed this bid on April S, 1999 and rccommerCs approval,
EISC'AL INFORMAT'lf&.-
the acquisition of the steel transmission line structures will be funded from 1998 Bond account
(633.080-RB98.69KV•92 t 8).
Bit) INFORWATION:
This bid is for the purchase of one 60-foot structure, one 75-foot structurc, four 80-fool structurts,
tour 85-fait structures, four 90-foot smtures, and one 93-foot structure. The structures art r
constructed of weathering steel and are intended to replace 30-you-old wood transmission line
structures. The 69kV transmission line between the Spencer Pla"t and Locust Substation is t
scheduled for reconstruction in late 1999 and early 2000. The current circuil is approaching an
nvcrload status. The new structures will allow for future capacity increase up to 138kV and also r,' J
space for a sa and 13.2kV distribution circuit. 1
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AG E1 FDA INFORMATION SHEET
APRIL 20,1949
PAGE 2 OF I
Respectfully submitted:
Tom Shaw, ,P.M.,149 7100
PurcbesinS Agent
Attachment l; Tabulation Sheet
170CAUEHDA
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Machment 1
TABULATION SHEET
Bid # 234$ Date: 3116199
Tubular Steel Structures
No. DESCRIPTION VENDOR VENDOR VENDOR VENDOR
M. D. Henry Valmont Thomas 8 Bella etyma
ational,
Company, Inc. Industries, Inc. Corporation InternInc.
t3alvanlzed 5trucluns $560,768.00 $538446,00 $481,374.00 $520,304.00
Altemale 1
weaftigSteel $539,158,00 $514,139.00 $420,060.00
Altemote 2 structures
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ORDINANCE NO. A
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDINO A CONTRACT FOR THE
PURCHASE OF TUBULAR STEEL TRANSMISSION LINE STRUCTURIS (POLES); PROVIDING FOR
THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2346-
TUBULAR STEEL TRANSMISSION LINE STRUCTURES AWARDED TO THOMAS dr BETTS
CORP IWION IN THE AMOUNT OF $420,060).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of
necessary materials, equipment, supplies or services Li accordance with the pnxedures of STATE law and City
ordinances; and
WHEREAS, the City Mansier of a designated employee has reviewed and recommended thAt the
herein described bids are the Lowest responsible bids for the tnsterials, equipment, supplies or services as
shown in the "Bid Proposals" submitted therefore; ane
VvTiEREAS, the City Council has provided in the City Budget for the appropriation of funds to be
used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered bids for materials, equipment,
supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being
the lowest responsible bids for such items:
BID ITEM
NUMBS O VENbOR AMID
2346 ALI. Tbnroas & Betts Corporation 5420,060
SECTION II, That by the acceptance and approval o; the above numbered items of the submitted
bids, the city accepts the offer of the persons submitting the bids for such items and agrees to purchase the
materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities
and for the specified sums contained In the Bid Invitations, Bid Proposals, and related documents.
SECTION III. That should the City and persons submitting approved and accepted Items and of the
submitted bids wish to enter Into a formal written agreement as a result of the acceptance, approval, and
awarding of the bids, the City Manager or his designated representative Is hereby authorized to execute the
written contract which shall be stuched hereto; provided that the written contract Is In accordance with the
terms, conditions, specifkatiom, standards, gtantities and specified sums eontalned in the Bid Propw al and r
related documents herein approved and accepted. 4
SECTION IV. That by the acceptance and approval of the above numA•red Items of the submitted
bids, the City Council hereby authorizes the expenditure of funds therefor In the amount and In accordance
with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein.
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SECTI41;IY, That this ordh mce Dull beeore effective immediately upon Its pesu3e and approval.
PASSED AND APPROVED thli day of 9".
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JACK MILLER, MAYOR
ATTEST
JENNIFER WALTERS, CTFY SECRETARY
BY; _
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY II
BY;
2116 SUPPLY. ORDNANCE
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AGENDA INFORMATION SHEET DIII
AGENDA DATE! April 20,1999 Qxstions concerning this
acquisition maybe directed
DEPARTNILNTt Purchasing to Sharon May 349.9437
ACM. Kathy DuBose, Fiscal and Municipal Services
SUBJECTt
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWAPJANG A PUBLIC
WORKS CONTRACT FOR COOLING TOWER REPAIR AT THE DENTON MUNICIPAL
GENERATING STATION; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2351 - COOLING TOWER
REPAIR, DENTON MUNICIPAL GENERATING STATION AWARDED TO MIDWEST
TOWERS, INC. IN THE AMOUNT OF $145,210).
BACKGROUND,
(Sce attached Tabuiatit,n Sheet)
RECONiF.NOAI=
We recommend this bid be awarded to the lowest responsible bidder, MiCwest Towers, Inc., in I
the amount of 5145,210.
ESTIMATED SCHEDULE OF PROJEM
Stari date is scheduled to be April 26, 1999. Target completion date is May 29, 1999. 1
PRIOR ACTIONi F 'I .H'(Council,Boards,Cammisslonsh
The Public Utility Board reviewed this repair project on April 5, 1999 and recommends approval,
FISCAL IN[OR-NIATION,
Funds for this cooling tower repair are available in the 1998.99 budget account (610-101-1011-
5130-039, Mainicnance of Generating Equipment),
BID IN F ORJIATION:
This bid is for the repair of the cooling tower that provides cooling for units one and two
generators at the Spencer Road Substation. The town wa4 built In 1932 and has had no major
renovation since that time, The units have been plrc.a in a hot stand-by status due to the power
demand of the area. The availability of the two generating units and cooling tower will be critical
this summer due to the anticipated electric generation needs and transmission constraints from the
Electric Reliability Council of Texas (ERCOT). The cooling tower hot-water basin, fan deck, /r r
upper most structure, and fan shrouds are the primary areas to be repaired,
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AuENDA INFORMATION SHEET
APiUL 20,1999
PAGE 2 OF 2
Respectfully su"Mitted:
Tom Shaw, C.P.M., 349.7100
Purchasing Agent
Attachment L• Tabulation Sheet
1 NIAGENDA
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ATTACHMENTI
TABULATION SHEET
Bid # 2351 Date; X11.5199
Cooling Tower Repair, Denton Municipal Genera tin Station
No. DESCRIPTION VENDOR VENDOR VENL VENDOR
Midwest Psycrometric ntegrated
Star Cooling Towers CooAng
Towers,Ina Systems, Inc.
1 t ea Cooling Tower Repair $145,210.00 $149,137.00 $194,882.00 $152,988.00
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ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS
CONTRACT FOR COOLING TOWER REPAIR AT THE DENTON MUNICIPAL GENERATING
STATION; PROVIDING FOR THE EXPENDITURE OF trUNDS THEREFOR; AND PROVIDING AN
EFFECTIV ; DATE (BID 2351-COOLING TOWER REPAIR, DENTON MUNICIPAL GENERATING
STATION AWARDED TO MIDWEST TOWERS, INC. IN THE AMOUNT OF $145,210).
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of
necessary materials, equipmen4 supplies or services in accordance with the procedures of STATE law and
City ordinances; and
WHEREAS, the City Manager of a designated employee has reviewed and recommended that the
herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as
shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be
used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW,
THEREFORE,
EREFORE,
TIIE COUNCi1.OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION' 1. That the numbered items in the following numbered bids for materials, equipment,
supplies, or sen ices, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as
being the lowest responsible bids for such items:
BID ITEM
NUMBER .ham YEAS MIOU T
2351 ALI, Midwest Towers, Inc. $145,210
SECTION II. That by the acceptance and approval of the above numbered items of the submitted
bids, the City accepts the offer of the persons submitting the bids for >uch items and agrees to purchase the
materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities
and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents.
SECTION III. That should the City and persons submitting appros ed and accepted items and of the
submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and
awarding of the bide, the City Manager or his designated representative is hereby aurhorized to e%ecute the
written contract which shall be attached hereto; provided that the written contract is in accordance with the
terms, conditions, specifications, standards, quantities end specified sums contained in the Pd Proposal and
related documents herein approved and accepted.
SLCTTON 1V. That by the acceptance and approval of the above numbered items of the submitted (A; '
bid,, the City Council hereby authorizes the expenditure of funds therefor in the arnwnt and In accordance f
with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein.
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SECTION That this ordinance shall become effective immediately upon its passage and approval
PA ISED AND APPROVED this day of 1999.
JACK MILLER, MAYOrt f
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY' ATTORNEY
BY:
2351 SUPPLY, ORDINANCE
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AGENDA INFORMATION SHEET
AGENDA DATE: April 20,1949
DEPARTMENT: General Government
CM: Michael W. Jez, City Manager
SJBJECT
Hold a public hearing to mKelve citizen comments regarding cable television rates.
BACKGROUND
The city is certified to regulate cable television rata for basic cable service, equipment, changing tiers,
and the hourly service charge. Under the recent franchise transfer agreement, MarCus/Charter has agreed
to rite for new rates only once per year. The c ity received the appropriate FCC Forms (1240 and 1203) on
February 26, 1999. The city has one )car from that date to issue a tote order establishing the maximum
rates that the cable operator may charga The cable operator may, however, implement new rates on June
I, 1999. If the city issues a rate order after Ju,u 1 that establishes lower rates than those Mmus/Charter
Implements on June I, the cable operator could either appeal the city's rate order or implement the lower
rates and issue refunds to their subscribers retroactive to June 1. Our Intention Is to bring the council a
resolution establishing maximum permitted rates prior to June 1. The cable operator's rate filing will
establish rates to be effective from June I, 1999 to May 31, 2000.
In their riling, the cable operator indicates that new, higher rates art the result ui "certain external costs
(I e,, programming), inflation, true-up adjustment . and increased costs assoviated %ith delivering cable
service, as allowed by the Forms 1240 and 1205."
A comparison orthe cable operator's existing and proposed maximum permitted rates follows:
1 _ Current Propowd
I, basiccable 9, mo. mo.
2, eomerler (a ressa el ~fmo mo.
7. converter (non•aa rtssa e) mo. mo.
4. advanced analogue converter ~S 3.43Uo. mo.
S, remote control mo. mo.
6. changing tiers 92.00 92,00
7. our service charge 6. 1 r. 38. 9/-h r.
Marcus' latest filing Indicates that they ;mend to keep the rate for basic cable service at $9.44/mo. Their i A '
filing iodirates new rates for everything else except changing tiers. Their filing indicates that they do not r 4 jr ` r_-
intend to offer the non-addressable converter or the advanced analogue converter in Denton during the
next year, however staff recommends that council set rates for these two pieces of equipment anyway.
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Council Agenda Cable Rates public heaing
April 1, 1999
Page 2
Staff is working with. Connie Cannady of C2 Consulting to analyze the proposed rates for equipment and
the hourly service charge.
Section 8.136 (b) (2) requires the city to hold a public hearing withlp A days from the date of the rate
filing "to consider the proposed new races, at which hearing all pVGies desiring to be heard, Including the
company, shall be heard on any matters retatina to the pcuormance of this franchise, the company's
services and the proposed new rates.
OPTIONS
Hold public hearing to receive citizen comments.
PRIOR ACPION FyIF.1v (COUNCIL BOCOMMISSIONS1
None.
FISCAL INFORMANTION
Higher rates would impact subscribers. City receives 5% of cable operator's gross revenues as franchise
fees.
Res lysuhYsitted.
YJ AM
is l . 7ez
City Manager
Prepared by:
Z- has -
Richard Foster
Public lnformationOiTicer
PIG'Slemos'Cuutwil A;ende Cable lister pubtk hearing doc
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AGENDA INFORII1ATION SHEET Itpltem
AGENDA DATE- Apri120, 1999
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DEPARTMENT: Planning Department j
CM/DCM/ACM: Rick Svchla, 349.7715
SUBJEC'C -Z-99-014: (Meadow Street and 1-35 E)
Hold a public hearing and consider rezoning 19.33 acres from a Commercial (C) zoning district
to a Multi-family I (MF-1) zoning district. The subject property is legally described as Lot I and
Lots 5.26 of the Inman Subdivision and Tract 311 out of the Alexander Hill Survey (Abstract
623) and is located on the east side of Meadow Street, the south side of Inman Street and Is Just
north of 1.35 East. The proposal is to develop a student apartment complex with approximately
four hundred (400) units to be built in twt phases. The Planning and Zoning Commission
recommended approval (5.2; Salty Rishel and Elizabeth Gourdie opposed).
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BACKGROUND
The applicant, on behalf of Barrow Heath, Inc„ is requesting a Multi-family I (MF-1) zoning
district classification for this 19.33 acre properly. The proposal is to develop a student apartment
complex with approximately four hundred (400) units to be built in two phases to serve a
growing student population in this area (see brochure labeled Z-99.014, which was placed in
your notebook). Phase One will contain one hundred and ninety-two (191) units.
D The surrounding area was zoned Commercial (C) in 1969 as part of the original zoning map 1
for the city of Denton. It has remained more or less undeveloped during the past thirty (30)
years. It is located behind the U-haul self-storage site that is located on 1.35 E. and next to
three homes on Inman Street (see Attachment Photos 3, 4 and 5). The remaining
surrounding area is undeveloped. The new Home Depot store will be located to the west
across the railroad tracks, which are on the other side of Meadow Street as it runs along the
west property line (see Attachment 5: Photo 6). j
> The proposed development is consistent with all of the policies of the 1988 Denton
Development Plan (DDP) as applicable and many of the 1998 Denton Plan (DP) Policies and
the 1999 urotvth Management Strategies and Plan (see Attachment 1 - Comprehensive Plan
Analysis section),
i T%Aclve (12) property owners were notified of the zoning request (see Attachment 1 -
Enclosure 4). Two (1) responses have been received; one (1) Is in favor and the other is
opposes to the request (see Attachment 3). The response in favor of the petition for rezoning f
is from a property c"ncr of a rive (s) acre tract of land located immediately south of the I _t
subject property. The response opposed to the petition Is from one of the three homeowner (1 '
on Inman Street. (The other two (2) homeowners have not expressed opposition or support
ft-.100 for the rezoning,) The land area of the opposition represents three percent (3%) of the land
area within two hundred feet of the subject property, while the land area of the property
owner In support represents ten percent (10%).
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The Planning Department facilitated a neighborhood meeting on Thursday, April 1, 1999,
after the public hearing before the Planning and Zcnir,g Commission (see Attachment 4). Ik
The applicant wanted to provide residents within the surrounding area an opportunity to hear
what his development plans were and to answer their questions or concerns, five (5)
residents attended the meeting. The primary questions involved road improvements to Inman
Street, the availability of sanitary sewer service to homes on Inman Street, stormwater
drainage, traffic, street lighting, and fencing. The biggest concerns appeared to ue from the
residents on Inman Street. They were Interested In the possibility of sewer lines being
available to their homes as they currently use private septic system+.
PRIOR ACTION/REVIEW
The following Is a chronology of Z-99-014, commonly known as Meadow Street and I-35 E:
Application Date - February 19, 1999
DRC Date(s) - None
P&Z Date - March 10, 1999
Nbad. Meeting- April 1, 1999
ESTIMATED PROJECT HEDUIE
Tha subject property is not platted and would need to be platted pd-- to any development.
EL5CAI. INFORMATION
Development of this property will Increase the assessed value of the city, county, and school
district. It will t quire no short-term public Improvements that are the responsibility of the city.
As a form of InfIll development, no extension of public infrastructure is necessary to service this
site,
rAZ SUGGESTED RECOMMENDATION
The Planning and Zoning Commission recommends approval (5.2 - Salty Rishel and Elizabeth
Oourdie opposed) of this zoning request,
OPTIONS
. Approve as submitted,
2. Approve with conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
ATTACHNIENTS
1. Planning and Zoning Commission Report, March 10, 199t, Z-99.014.
2. Planning and Zoning Commission minutes from March 10, 1999. r a, , t.
3. Property Owner Responses (2),
4. Neighborhood Meeting (Sign-in Sheet).
Photographs,
6. Draft Ordinance,
2.
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Respectfully submits,
V
We Ifltl
Director of Planning and Development
Prepared by:
Wayne Re
Plann•,t It
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ATTACHMENT 1
PLANNING AND ZONING COMMISSION REPORT
STAFF REPORT
Subj,ict: Meadow Street and 1.35 E Case Number: Z-99-014
IM: Wayne Reed, Planner II Aaenda Date: March 10, 1999
Hold a public hearing and consider making a recommendation to the City Council ooncerning the
rezoning of 19.33 acres from a Conmerdal (C) zoning district to a Multi-fam..,y 1 (MFA) zoning district.
The Intention is to develop a student apartment complex with approximately four hundred (400) units
to be built In two phases.
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LOCATION MAP
Location: on the east side of Meadow Street, the south elde of Inman Street and north of 1.35 East
8124: 19.33 acres
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GENERAL INPO
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Applicant: Owner:
Miguel Arce Barrow Health, Inc.
international Realty 5307 Mockingbird Lane, Suite 950
405 N. St. Mary's, Suite 850 Dallas, TX 75206
San Antonio, TX 78205
SUMMARY Of 1ONINq,ktlE000ST T u;, . .
The applicant, on behalf of Barrow Heath, Inc., la requesting a Multi-family 1 (MF-1) zoning disi6ct
classification for this 19.33 acre property (see Enclosure 1), The proposal is to develop a student
apartment complex with approximately four hundred (400) units to be built in two phases to serve a
growing student population In this area (see brochure labeled Z-99-014, which was placed In your
notebook). Phase One will contain one hundred and ninety-two (192) units. In the enclosed brochure,
the applicant quotes two Denton Plan policies that are directed to such development;
"Alternative types of housing that respond to differing economic and
individual life-styles of Denton's citizens should be developed In all areas of l
the city to achieve balance and diversify. All people who work in Denton
should be able to live In Denton."
"
0 The range of housing types available for the specialized needs of the
elderly, disabled, low income, students, single-person, or female-headed
households should be acknowledged as a part of a strategyfo diversify our
neighborhoods."
In pursuit of these two policies, the applicant Is requesting a rezoning of the subject nineteen and a
third acres (19.33) acres. The surrounding area was zoned Commercial (C) In 1969 as part of the
original zoning rnap for the City of Denton. It has remained more or less undeveloped during She past
thirty (30) years. It is located immediately behind a storage warehouse to the south and abuts a few
single-family dwelling on the north side of the property, The romalning surroundings is undeveloped,
The new Home Depot store will be located to the west ecross the railroad tra6s, which are on the
other side of Meadow Street as it runs along the west property line.
NOTE: This request is stmNe' , to that of Z-99-009. Therefore, much of stairs enalysls Is parallel to
that found in the P&Z Staff Report for Z-99-009. They are not associated with one another,, their
concurrent public hearings a re coincidental.
COMPREHENSIVE PUkN ANALYSIS
1988 Denton Development Plan Analysis
The 1988 Denton Development Pian (DDP) shows this area to be within a Moderate Activity Center.
These areas empha.•ize a diversity of land use developments. They are Intended to place jobs and
housing in close proximity to one another. Vehicular trip generation due to development within
Moderate Activity Center Is restricted to 350 trips per day per acre In order to balance land use with
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road capacity. Staff finds the proposed development to be consistent with both the policies and
trip Intensity standards of the 1988 DDP (see Enclosure 6).
1998 Denton Plan Policies, Growth Management Plan and Strategies Analysis
The 1998 Denton Plan (DP) Growth Management Plan shows this property to be within a Multi.
Family Residential Area. These areas are intended to provide a range of types of high-density
housing. The Growth Management Strategies (GMS) recommend that multi-family development be
located in areas that provide transitions between lower and higher Intensity uses, and in a manner that
will not negatively impact surrounding uses. Additionally, mufti-family uses should be located in small
groupings around the city In a manner that provides a mix of uses and densities, rather than
concentrating all multi-family uses In one area which can have negative Impacts upon the City, The
GMS stale that new student housing is considered a priority to replace existing deteriorating
apartments In order to better support the needs of the student population of UNT and TWU. Staff
finds the proposed development to be consistent with the adopted Growth Management Plan
and Strategies as well as the 1998 DP Policies (see Enclosure 7).
1. Transportation
A. Trip generation
The 1988 Denton Development Plan limits trip Intensity within Moderate Activity Centers to 350
tripslacre/day, High-density housing typically generates 6.59 tripsldaylunif. The applicant has
Indicated that the student housing project will contain approximately four hundr td (400) units to
be built in two phases. At total build out, the apartment housing complex would have a density of
around 20.69 units per acre. At this density, the potential trip generation Is roughly 2,636 trips per
day. This Is on the low end of high-density residential development.
Table 1, Proposed Multi-family Trip Genersticn
Land Use Average Trip Total Trip Maximum Sultdout
Generation GenerallonlDay
rApartments 6.59 tripstday 2,636 400 apartments
l TrlOenerallbri ed Trip Generation19.33 aa.+s 8,766 350lripslacre
rence •4,130 01% below allowed trips
Care olatl ona provided by 1ha Inviluto of tramsP&Won V1011 oars, 199 f.
In comparison, existing Commercial (C) zaning would allow for land uses with higher trip
generation. Typical commercial development generates somewhere around 650 tripsldaylacre, !
On a nineteen and a third (19,33) acre tract, this would translate to 12,665 trips per day, ,
Hypothetically, If the property were developed at thirty (30) units per acre or a total of 680 units, (1 ~
it could generate somewhere around 3,822 trips per day. Thus, even on the high end of the
density scale for multi-family (30 units/acre), the proposed development would place a smaller
demand on existing transportation infrast,ucture than commercial businesses.
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ON-site street Improvements will be triggered by this development. Specifically, street
Improvements will be necessary between the 1.35 E frontage road and Daugherty Street and
Meadow Street. Improvements to Daugherty Street and South Locust Street will be considered
too. Furthermore, Meadow Street will have to be designed such that an appropriate radius will
connect the north/south and easllwest portions. Exact Improvements will be contingent upon a
Traffic Impact Analysis (TIA) study, which is under review by the Transportation and Englneering
Department. The analysis of this report Is not available at this time.
B. Access
This property wilt be allow3d access onto Meadow Street. The development may be allowed more
than one drive approach onto Meadow Street.
C. Road Capacity
Meadow Street Is currently a substandard two (2) lane road without parking. As such, each
street's designed traffic capacity allows for a tolerable traffic Dow of less than 7,700 trips per day.
There are no traffic counts for this street; as this area Is undeveloped, there should be adequate
capacity to handle the calculated trips that would be generated by the proposed development after
the completion of the required street Improvements.
Meadow Street Is Identified as a local street by the 1988 Denton Mobility Plan. This street Is
designed to be a two (2) lane undivided street without parking, providing two (2) lanes of through
traffic. As such, its designed traffic capacity will allow for a tolerable traffb flow of up to 9,100 trips
per day.
1.35 East frontage road Is deslgied to carry approximately 5,000 trips per day. There are no
traffic counts for this portion of the 1.35 East frontage road. There appears to be adequatt
capacity to handle the calculated trips that could be generated by the proposed development.
D. Pedestrian Linkages
Sidewalks along all public streets are required.
2. Utilities
This site has access to existing water and sanitary sewer lines (see Enclosure 3):
Water; a) Twenty (20) Inch water line on Iman Street.
b) Eight (8) Inch water line on Meadow Street.
Wastewater: a) Six (6) Inch gravity sanitary sewer, approximately 350 feet south of the
intersection of Daugherty Street and Meadow Street
3. Drainage and Topography ,
New development will be required to design and construct a drainage system to city standards.
A preliminary drainage study will be required with the submission of a prellmLiary plat, The study t 1.'
must Include calculations of the 100-year storm for all drainage areas on thi,% property and any
area that drains towards this property. The developer must Indicate the method by which the run-
off will be carried across the property or stored on the properly.
r,, n-I C, S,q'r q.gxnf L,
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4. Signs
As per the sign ordinance.
5. Off-Street Parking
New development must provide parking according to the regulations of Chapter 35 (35.301) of the
Code of Ordinances. The number of parking spaces required per dwelling unit for multi-family
development is as follows:
One-bedroom: 1.50 parking space
Two-bedroom: 1.75 parking spaces
Three-bedroom: 2,00 parking spaces
8. Landscaping
This property will have to comply with the now Landscape Code, which requires f1fleen (15) trees
per acre and twenty (20) percent of all surfaces to remain pervious (plantable area).
7. Open Space and Recreational Areas
This residential development will be required to participate In the development of public
recreational areas. Through the Park Dedication Ordinance (98-039), this development will
contribute to park land dedication and park development fees. Dedication requirements are
required during the platting process. Park development fees are required prior to the Issuance of
building permits. The following Is a breakdown of the two requirements for this development with
the assumption that it Is actually developed with 400 units:
Park Land Dedication a 1.80 park acres
Park Development Fees = 400 multi-family units x $187 per unit a $74,800 i
This Is only a preliminary estimate. Actual park acres and park development fees will depend upon
the final number of apartment units. In any case, a fee In lieu of dedication will be required
because the calculation is will be less than five (5) acres. it will be equal to the pre-development
value of 1.60 acres of the tract. The developer Is required to pay the fees at time of release of the
final plat.
PptOPERTY HISTO
January 14, 1069 - The subject property was placed In a Commercial (C) zoning district and land
use classification by Ordinance 69-01 which adopted the first zoning ordinance and map for the City
of Denton (see Enclosure 2).
The subject property Is not platted and would need to be platted prior to any development. r
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Notice of the zoning request was pubiished in the Denton Reoord-Chronicle on February 28, 1999.
Twelve (12) legal notices were sent on February 27, 1999, by certified mail to notify property owners
within two hundred (200) feet of the subject property (sea Enclosure 4), In addition, twenty (20)
courtesy notices were sent by first class mail to notify residents within five hundred (500) feet of the
subject property. As of this writing, there has been one (1) response in favor (see Enclosure 8).
No neighborhood meeting has been held.
$1,t~rrr~'AN_AL B~S;r J~1IT'r'`k'' i f ,r. ISyIiF?l ~r ,rY'l~fr~~~~.Ai}fly r5~?~~N~ I
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Trip Generation Analysis
Traffic generated by potential development on the subject property will have an impact on the existing
transportation infrastructure. A comparison of the number of trips generated per acre by permitted
land uses under the proposed zoning district (Multi-Family 1) to permitted uses within the present `
zoning district (Commercial) Indicates that a multi-famity project would place a smaller demand on
transportation infrastructure than a commercial development. This is due to the fact that commercial
property typically generates 850 trlpslday/acre (111&0) while multi-family communities produce 200
Vdlac. As an example, a comparison of vehicle trip generation rates are provided to quantify the
Impact of the proposed apartment complex and a hypothetical specialty retail center' on the subject
property (see Table 1 on the following page). This is only Intended to contrast the Impact of what
could be developed on the subject property within either of the two zoning districts.
Trip generation figures for the two scenarios presented In Table 1 are based upon assumptions
specific to the subject property. First, the applicant has proposed approximately four hundred (400)
units on a total 19,33 acres (see brochure), 13aaed upon the site's gross acreage, staff calculated that
a 338,910 square foot retail center could be located on this site, allowing for appropriate parking and
landscaping.
Table 1, Comparative Vehicle Trip Generation
DayrUme Mulil•Family Specially Relall Center
Development
1Neekday Average_ 2,838 trips 131784 Ulps
Weekda ; A,M. Peak Hour 189 trips _ ,171 trips
Weekday, P, M. Peak Hour 233 trips 1 873 trl s
SatuidayAverage 2,873 trips 14,247 trip
8 924 tri s
Sunda Avera e 2 435 trips
' Calculations provided by the Institula of Transportation Engineers, 1991,
As the Table 1 indicates, a high-density housing development will have significantly lower trip
generation than a specialty retail cenl(r. On any given weekday, the hypothetical specialty retail
center could generate 11,148 more trips than the proposed multi•famih; housing devetopmeltt (13,784 '
trips - 2,838 trips), Likewise, there would be an additional 11,374 trips produced by businesses In j
The Institute of Cransportelon Fngineers lil'F) defines specialty retail centcrs as -null strip shopping r enters containing a
saricty aretail shops, pecializing In quality apparel, hard goods, services such as teal estate oflces, dance studios, or florists,
and small restaurants, A local esantpte mould be the Albcrbon's Shopring Center it 1.33 Bast and Lillian Mltler,
4.
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the specialty retail center than by the proposed 400 apartment unit community on Saturdays (14,247
trips - 2,873 trips). The point being that regardless of whether a specialty retail shopping center, a
multi-screen movie theater, discount retail store, or hardwareAumber store Is built on the subject
property, commercial land uses will generate more trips (650 Vd/ac) than multi-family development
(200 bd/ac) and will place a higher demand on local transportation Infrastructure
Density
The maximum number of apartment units that can be constructed on a property located In a Multi-
Family 1 zoning district Is restricted by Section 35-91(e)(2) of the Code of Ordinances. This section
defines unit density standards by way of establishing a minimum square footage per apartment unit.
An efficiency unit requires a minimum land area of one thousand (1,000) square feet. A one-bedroom
unit requires a minimum land area of one thousand two hundred (1,200) square feel. For each
additional bedroom, an additional three hundred (300) square feet of land is required; a two-bedroom
requires one thousand five hundred (1,500) square feet and a three-bedroom requires one thousand
eight hundred (1,800) square feet. Therefore, the maximum number of apartment urnis that can be
constructed on a property, while observing area regulations concerning setbacks, parking, building
coverage, and landscaping, Is a factor of unit mix and number of stories.
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A review of existing apartment complexes In town reveals a wide range of unit density (Table 2).
Twelve (12) apartment complexes were identified within current Multi-Family 1 (MF-1) zoning districts
with a minimum of one hundred (110) units that have been developed under current zoning
regulations. Density varies from as low as 16.94 unitslacre at the Arbors at Denton to as high as
V 17 units/acre at The Oaks Apartments. The average density of these multi-family complexes Is I
unitslacre. The proposed development would be roughly 20.69 unitslacre.
Table 2. Analysis of Existing Multl-Famll Density, Denton, Texas.
Number Donalty
Apartment Complex Address of Units Acreage unit/so.
Apple Creek 1610 E. McKinney Street 308 11.410 26.99 -
Arbors at Denton 1103 Bernard Street 191 111275 10.94
La Colima 1200 Dallas Drive 264 10.159 _ 25.99
Oak Meadows 1610 Teasley Lane 160 6.000 26.87
Pace's Crossing 2411 t-35 East 360 _ 13.100 27.18 _
Rams Gate 1407 Bernard Street 279 9.137 30.54
Residence 1801 Jason Drive 112 3.534 31.69
Sunburst Place II 1030 Dallas Drive 300 11.054 27.14
The Oaks 425 Bernard Street 8.600 40.47
Weslwind 1710 Sam Bass Boulevard 224 9.242 24.24
Woodhill 1408 Teasley Lane 352 19.543 18.01 rr,
PCM Addition' 264 6.662 30.47
Proposed Campus Park Student Housing Apartments 400 19.333 2069,
'Currently under construction,
111 pigi, `,ii`14,puldo
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It appears that density ranges from project to project. Current density restrictions allow high-donsfly
residential developments to vary by allowing flexibility necessary for each to react to existing financial,
physical and social conditions, while still demonstrating a consistency wkh the City of Denton's goals
and objectives. Though some projects are at the high end of the density limitations, multi-family
development within our community is balanced on the whole, demonstrating that the system works
without applying additional density conditions. Furthermore, high-density residential housing appears
to create less stress on the local transportation Infrastructure than most other forms of development,
save single-family housing.
1r9:
Staff recommends approval of Z-99-014 for Muhl-family 1 (MF-1) zoning district designation without
conditions. The request Is consistent with the policies of both the 1988 DDP and the 1998 DP (see
Enclosures 8 and 7). It is the type of development Intended within a Muhl-family Reildentiel area as
Identified and defined by the Growth Management Plan and Strategies. Moreover, as a form of In-fill
development, it will also provide significant benefits to surrounding properties. The proposed
development will provide for a compatible arrangement of land uses, protect existing property values,
diversify land uses and act as a transition between higher Intensity land uses along the Interstate and
the low density residential land uses to the north.
V t
I move to recommend approval of Z-99-014 finding that:
1. It is consistent with the 1988 Denton Development Plan; '
2. It Is consistent with the adopted 1998 Denton Plan Policies;
3. It Is the primary intended land use within the MuNI-family Residential area as Identified and defined ,
by the adopted Growth Management Plan and Strategles,
4. it provides for a compatible arrangement of land uses by acting as a transition between existing
lower and higher Intensity land uses;
5. It provides significant public Improvements; and
8. It will provide safe and adequate trattlc circulation.
1. Recommend approval as submitted.
2. Recommend approval with conditions. i
3. Recommend denial.
4. Postpone consideratlon. ,
5. Table item.
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1. Vicinity Map.
2. Zoning Map.
3. Utility Map.
200` Property Owner Notification Map.
5. Denton Mobility Plan Map.
8. 1988 Denton Development Plan (DDP) Policies.
7. 1998 Denton Plan (DP) Policies (2 pages).
8. Property Owner Responses (1).
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ENCLOSURE 1
NORTH
Z-99.014 (MEADOW 3T11.35 E)
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VICINITY MAP `
Allende Dale, March 10,1899 Scale: None
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ENCLOSUJtF. 2
Z-99.04 (MEADOW ST/1-35 E) NORTH
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if SITE ! o, llilr
ti MEADOW I I I i i haw ,
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ZONING MAP
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Agenda Date- March 10, logo Scala., None
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ENCLOSURE 3 S
NORTH
Z-99-044 (MEADOW ST/1-35 E)
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SITE
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EXISTING UTILITIES MAP
w
Hydrants
Water Line (W. L.)
Saw Uns (S. L.)
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Agenda Date: March 10, 1999 Scale: Nona
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ENCLOSURE 4 b
NORTH
Z-99.014 (MEADOW STREETII-35 E)
~a SITE Ii11T
00 FOOT BUFFS
ZIA
200.500 FOOT NOTICE MAP
Agenda Data: March 10. 1999 Seale: None
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ENCLOSURE 5
NORTH
Z-99-014 (MEADOW ST/1-35 E)
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DENTON MOBILITY PLAN MAP
Agenda Data, March 10, 1999 Scale: None
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ENCLOSURE 6 sswa
The 1988 Denton Development Plan (DDP) shows this area to be within a Moderate Activity Center,
These areas emphasize a diversity of land use developments. They are Intended to place jobs and
housing in close proximity to one another, Vehicular trip generation due to development within
Moderate Activity Center Is restricted to 350 trips per day per acre in order to balance land use with
road capacity. Staff finds the proposed development to be consistent with both the policies and
trip Intensity standards of the 1988 DDP.
The table below provides a summary of the 1938 Denton Development Plan policies applicable to this
project:
Denton Development Plan
Policy Analysts Summary
Moderate Activity Center
Development Rating vs. Polity
POLICY COMMENTS I amp Ind c«w:smr
Intent These areas are Mended to
encourage a diversity or lam use
developments that pace jobs and housing
in dose proximity to one another. _ x
Intensity Standard. Moderate AcWty Alveed intensIty • 150 trips/acre
Centers shat have a standard vehicle trip Adopted ante slty • 6,766 b pSrSta
intensity of 3SO blps per day per gross x
acre (voix).
Diversity. Land uses wRNn these centers
#**1 exhdtit a mixture of residenbal and
nmreAdenbal land uses Commercial and
retail land uses should be limited to 1/1
the total acreage and should not be
atlow.ed on more Man three comer or an
Intersection vAthin a center, x
Hrgh•Derrlty housing. Mulb•famity
hM g Is encouraged In these areas,
Including manufactured housing, _ x
tow Density nelchtrorhood Housing
Pratectton. Single-farnhredtlences
shoud be protected by strict site design
contrd, Including sethads, buffering, and x
{andsreMig.
Ship Crmmerdal, 'the Man encourages
centers of Ndness actMty We
. dixoursging sUlp corn swrdal
development. x
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2 99 014 s¢ StarT Reportdoc
ENCLOSURE 7 w
1998 Denton Plan Policies Analysis
The 1998 Denton Plan (DP) Growth Management Plan shows this property to be within a Multi-family
Residential Area. Staff finds the proposed development to be consistent with :fie policies of
the 1998 DP.
The table below provides a summary of the 1998 Denton Plan Policies applicable to this project:
Denton Plan
Poilty Analysis Summary Development Rating vs. Polity
CATAGORY POLICY Irtmrtsistent • App cttile' Co sistent
TransportaUlln. Y•• eornonentsDenton'sIong-RangelTorbug" Plan. X
Promotes Access {Management Pradoes x
I optirim operations for emergency, servte providers and
other public service providers. X
Promotes pudic transportation system. . X
Contrlbides to the Denton Trans network
Stormwa0.r Drainage. Proteds 100-year toodplaln areas In accordance with r.. 7
Denton's warershed management dd% k f
Conforms to lracal subdlvlsion r;gulation s. +riw..,,. " X
`'f+
ecnbibutcs to regionat de',ertion Facilities,
rroodes for natural riprdlan environment along floe Jptoln, ' X.'` $ ~
Upgrades exlsk.ng suWanddrd drainage systeirs ar, Inful r
and redevelopment occur. -
Water and Develops and maintains property and Mate a'
Wastewater. InfraStrUeture. X
creates opportunity for arersl ring water and wastewater
Ilnrs to meet future development demands. X
Provides rtview of proposed water and wastewater
Infrastructure to ensure pudic satety and health. x'. k
Prorrates ail irwavements over new Ine!,{tendons. r X
Electric. Provides underground dertric fervtce for new residential
and nonreswental development. x
Will Waste. Promotes efrdent access to an development for solid
waste service deilvery. X
Parks and Recreation. Locates pal ks and recrvatlor, fadlities in accordance with a
the Paris and Recreation Strategic No, Enhances {arks and recreation opportrrndies for m4dents, .r.'~ X
Preserves Ace Jplain for parks and open space to a':d In - X
roodplain conserv0nn effort.
AJews mmbning of parks with other public fad411es to
achieve cost effedlve delroerl of pudic 5ervlces.
Res dientla development should dedicate land a fees m
lieu of Land for neighborhood parks. .e.X '
Environmental Quality. Promotes preservation of nahiraf resources. X
Integrates envlronmBntal protection with etnnomk
j growth and corrnmunity development. k r'
2 W D14 PI Sran Ropeittkr:
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1998 Denton Plan Policies Analysis (continued)
Denton Plan
Policy Ans"ls Summary
Development Rating vs. Policy
CATAGORY POLICY inoar~ent Ap ~ Cww" t
tl6M inL mrmrr3tY fadlitlef for
Neighborhood.. Pr~
Ewarages a mxWm of lard uses that brw t rcsldcn<s. x
Probeds and preserves a Mno ndghbo *ods f
Oetween rkrf~aodsredua vetValar Wps. ~ 4 X
dlfkring x
Flaruinp e=w* InO h Mof Nu*v daal tfewess that appal to
i
Offers a wr14 of dngledampy W sl:es, bMng elm.
and Vice renges
Preserves oedlrq hoL*4 Indudrg affordable houtlng.
tweeses M houttrq carotria<tlon.
Economic t'anbibutes to a strorp and dlvtYSllied loaf emnonry bl
DivershicAdan. Inaeasing emplgment and erpam&V the tax base. x
Government trcarages Intrgovemhddat ooord wbw to provide
cost-eflb WA servkft
thbsn Dedpn. Addresses mnxunRy apperarx. In a wrnVeixrn5l4
WNW.
DWe*yes "Led" app "a 0' built Wro pent. X
Net ftftad IrTM development OoM be avrgetlble
Wth rdstk+g land uses and hki gs.
Pro" end preserves Demon's erddledural, alt W and
historial resources a ,
Enhances the appearance ak• g nylon e*aneeway& x
Prorates 014 pres"aw of bees and lar4smpirg. X
Publk tnvohnment prao m nn omorwNty for pal opinion"np Uk
panning procM.
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Z." 034 PZ Stal Repart,dot
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~e ENCLOSURE 8
NOTICE OF PUBLIC HEARING
Z•99-014
he planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
FT~March
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of timWStreet ea just north of 1-35 East from a Comman the east side of ercial (C) zonindistrict o Street, the a Multi-family t
(MF-1 )zoning district (see map on backslde). The property is legally described as !_ot 1 and Lots S26
of the Inman Subdlvision and Tract 311 out of the Alexander 1.10 Surrey (Abstract 623) in the City of
Denton. Denton County. Texas. The purpose of the zoning change is to develop a one hundred and
nlnety-two (192) student apartment complex.
The public hearing will start at 5:$0 p.m. In the City Council Chambers of Gily Hall located at 215 E.
McKinney Street, Denton. Texas. Because you owls property within two hundred (.^00) feet of the
subject propady, the Planning and Zoning Comndsslon would like to heer how you feet about this
zoning change nmquest and invites you to attend the pubric hearng. Please, in order for your opinion to
be taken into account, return this form with your comments prior to the date of the public hearing. (This
in no way prohibits you from affeading and participating in the public hearing) You "Y fax it to the
number tocatcd at the bottom, mall It to the address below, or drop' it off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Wayne Reed, Planner I
The zoning process includes two public hearings designed to provide opportunities fdr ehiren
Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of
the subject property are notified of the zoning request by way of this notice. The first publio hearing is
held before the Planning and Zoning Commission. The Commission Is Informed of the percent of
responses In support and in opposition. Second, the zoning petition Is forwarded to the City Council for
final action providing the Commission recommends approval. Should the Commission recommend
denial, the petitioner may then appeal the request to the City Council. If avnors of more than twenty
(20) percent of the land area within two hundred (200) feat of the site submit written opposition, then six
out of seven votes of the City Council are required to approve the zoning change. These forms are
used to calculate tho percentage of landowner opposltlon.
Please circle one:
1 fn favor of request Neutral to request Opposed to request
Comments: We arc 1rt1wvte.,y familiar vith the property being proposed for zesollog.
VC feel that the beat We for the subjatt property is as multi-featly 1.
don Printed N e Pulp a Pr i s vea C. , I VAR 51349 f
Mailing Address: 9159 North Ce rat Ex rcarava Sui a ti35 L _
City, Slate 7* 0111ite_ 2wx l._.~. ! '
Telephone Number. _2161696-8600
/
Physlcai Address of Property within 200 feel: "e a '-J5b
CITY OP DENTON, TEXAS CITY HALL WEST . DE.Wof;, TEYA9 76201 o 940.349.6350 ' tr)940.349.1101
Z9) 01f LryW rfciF.:4. T,r
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ATTACHMENT 2
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Planning and Zoning Commission Minutes
March 10 1999
Page 2 of 3
Item pulled by applicant.
"Discussion of this item is included in a Court Reporter's transcript attached to this set of minutes.
(Page 1)
5. Hold a public hearing and consider making a recommendation to the City Council concerning
the rezoning of 49.528 acres from art Agricultural (A) zoning district to a Single-family 7 (SF-7)
zoning district the property Is located on the southeast comer of Silver Dome Road and Farris
Road Intersection. The proposal is to develop a single-family subdivision. (Z-99-008, Cox
Property, Wayne Reed)
Motion by Bob Powell and seconded by Salty Rabat to postpone until March 24, 1999. Public
hearing will remain open.
'Discussion of this hem Is Included In a Court Reporter's transcript attached to this set of minutes.
(Page 8)
Motion carries 5-2 with Elizabeth Gourdie and Carol Ann Ganger voting in opposition.
6. Hold a public hearing and consider making a recommendation to the City Council concerning
the rezoning of 17.0 acres from a conditioned Commercial (Cie)) zoning district to a Multi-family
1 (MF-1) zoning district. I he property is located on the south side of Colorado Boulevard,
approximately five hundred and (Rly (550) feet west of Southern Hills Boulevard and also fronts
1.35E, Immediately east of the Pace's Crossing apartment complex. The proposal Is to
construct a multi-family complex. (Z-99-009, Colorado Boulevard, Wayne Reed)
Motion by Susan Apple and seconded by Carol Ann Ganzer and Salty Rishel to recommend
approval to City Council,
'Discusslon of this hem Is Included in a Court Reporter's transcript attached to this set of minutes.
(Page 53)
Motion carries 7.0.
7. Hold a public hearing and consider making a recommendation to the City Council concerning
the rezoning of 36.67 acres from a Single-family 10 (SF-10) zoning district to a General Retail
(GR) zoning district on 3.68 acres and a Single-family 7 (SF-7) zoning district on 32.99 acres
zoning district. The property Is located on the east side of Loop 288, the south side of Audre
Lane and the west side of Mayhtll Road. The proposal Is to develop a retail node fronting Loop
288 and a single-family subdivision on the remainder of the property, (Z-99-011, Loop 288 and
Audra Lane, Wayne Reed)
Motion by Bob Powell and seconded by Susan Apple to recommend denial to City Council
*Discussion of this Item Is Included In a Court Reporters transcript attached to this set of minutes.
(Page 98)
otign carries 6-1, 1 kith Elizabeth Gourdie voting in oppogjk
6. Hold a public hearing and consider making a recommendation to the City Council concerning
the rezoning of 19.33 acres from a Commercial (C) zoning distrkt to a Multi-family 1 (MF-1)
zoning district. The property is located on the east side of Meadow Street, the south side of i
Inman Street and is just north or 1-35 East, The proposal is to develop a one hundred and
ninety-two (192) student apartment complex. (2•99-014, Mdadows St/135E, Wayne Reed)
22,
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Panning and Zoning Commission Minutes
March 10. 1999
Page 3 of 3
Motion by Carol Ann Ganzer and seconded by Susan Apple to recommend approval to City Council.
'Discussion of this hem is included In a Court Reporter's transcript attached to this set of minutes.
(Page 137)
Motion cables 5-2, wnh Elizabeth Gourdie and Softy Rlshgl yow In opposition.
DIRECTOR'S REPORT
s. Council Action.
'Discussion of this Rem Is Included in a Court Reporter's transcript attached to this set of minutes.
(Page 193)
10. Future Agenda Items.
'Discussion of this Rem Is Included In a Court Reporter's transcript attached to this set of minutes.
(Page 194)
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tCondenseltt"
Page 137 Page 139
t foci we're compmmising for reasons that Is not fair to I reached over the railroad tracks and Home Depot was
2 the developer. And that's my own personal opinion. 2 Included, the pro" to the north and so forth, as
3 So I believe the developer has a right to 3 well as the U-Houl storage facility on the south side.
4 develop it. I believe that an SF-10 along the road, the 4 The site does have soma to existing water
S south side is a fair compromise. And I believe that S and sewer lines and the site does have a significant
6 there's a way to work this out, but I don't believe 6 drainage issue which will be addressed during platting.
7 denying it Is the right thing to do based on the reasons 7 And, In fact, development on thin site will improve
8 I've heard. 6 drainage In this area.
9 MIL WGELBRECHT. Any other discusslon on 9 Edo have some she photos. This Is along ,
to the rautlort? In that case, all in favor please raise 10 nix 1-35 frontage. Meadow Street is ri it here. This
i I your right hand. Opposed, same sign. 11 is looking east back at the storage facility located on
12 Ms. GWRDtE: opposed. 12 the east side of Meadow Street. On the here Is
13 MA. ENGE1.6MRi: Mourn Carries six to One. I3 Meadow street again. Looking WT54 we am that them is
14 We will move on then tonight to Item Number S. 14 an rutomobile sales dealership and a U•Haut storage
I S Ms. APPLE: And happy birthday, Mr, Holland 1 s facility on the far side of that. if we were to travel
16 Sony you had to spend it here. 16 back down Meadow Street to the subject property, this is
I7 MR ENGELBRECHr. Rem Number 8 Is to hold 17 the potion or Meadow Street which curves right in Not
18 a public hearing to consider making a recommendation to is of the subject property, which is shown here on the
19 the City Council concerning the rezoning of 19.33 acres 19 right side or the paved public right-of-way. The 4 vk
20 from Commercial to Muld-Family 1. the property is 20 of the U.Haul storage facility is here and dx condition
21 located on the east aide of Meadow Street, the south 21 of Meadow Street is clearly shown in this piwtograph.
22 side of Inman Street, and is just north or 1.33 East. 22 'Has development will improve the pavement
23 The proposal is to Cevelop a 192 student apartment 23 of this road since it will be required to improve
24 complex. And Mr. Reed will provide us with a staff 24 perimeter pavement. This is at the far end of this
25 report. 23 portion of Meadow Street, where before vn were looking
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1 MA. Am> Thank you again. 1 feet like a east excuse me, We were looking west, now we're
2 I've boon here all night. 2 looking east back down towards the beginning of the
3 MR. ENGELBRECHT: 1 Wonder Why. 3 turn.
4 M0. RE: o. The location map demonstrates the 4 1 mentioned that there were three homes on
S location of this property is in the central portion or s Inman Street which are in the Itames Subdivision, which
6 town. The vicinity map, a much closes perspoct ve or 6 are not part of the site. This is a photograph of
7 the property shows that it is just east of the railroad 7 those. And last but not least, the property Is directly
8 tracks, which are parallel to .ocust SrracL Also it is 6 across the railroad tracks from the future Home Depot
9 due east of the future site of Home Depot which will be 9 site which currently is being graded and as you can tell
10 located here and is currently under construction. Toe 10 from this phatogrsph, even that commercial structure
11 property is off of the 1.35 frontage road behind i l will be visible.
12 existing conunerclal us", 12 The applicant provided a proposed layout of
13 The site consists of 23 out of 26 lots in an 13 the student housing project which 1 have on the document
14 older subdivision which was never fully developed. 'the 14 camera. T think I'll cut my presentation short tecause,
13 three hones or the three lots which have homes on them, is as D indicated in the staff report, this request is very
16 which are not part of the request, are shown by &a 16 similar to the one we heard earlier tonl& concerning
17 notch in the property, site property. They arc located a the Jefferson Commons or JPI property, referred to as
is on Inman Street which is here on the north side. The 11 Z•99.oo9, It's consistent, as well, with the 1988
19 property to the north and to the east Is undcvckVd at 19 Denton Development Plan Policies arvi Trip Intensity. k
, 20 It's also even more nartowly - in a more narrow Sense, ( r
20 present
21 INa entire area was placed in a Commercial 2I consistent with the 1998 Denton Plan Policies, Growth
22 Zoning District in 1969 and has remained with that 22 Management Plan and Strategies Analysis.
23 designation without development. As the zoning map 23 As this area is identified In the Growth
N she, vs, Commercial Zoning Districts surround the property 24 Management Plan as a multidamily residential ecru, we
2even along the I.3!1 frontage, The 200-foot buffs 23 foresee this as being an ideal location for highdrrsity
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1 housing to act as a transition between the more intense I than 400 so he agreed that if I stated 400, it would be
2 land uses along the frontage road, which I've shown 2 more or less accurate.
3 photographs of, and the property which is to the north 3 M& ooliR m And I'm sorry, did you mention
4 which Is still currently single-family development. 4 haw may parking spaces? Are they going back exactly
s Meadow Stmt is currently a sub-standard s what the City requires?
6 two-lam road. It is Identified as a local toad by our 6 MR REED: Actually In this case, just like
7 1998 Denton Mobility Plan and with this development, It 7 the previous one for student housing, they far exceed
8 will be impro•rod. So, again, this ckvelopment will be 8 what our parking requirements are and they provide a
9 an asset to this particular area in that aspect. It 9 one-ta-ooe ratio, more or less.
to will also contribute to out park land dedication and 10 Ms. ooua m Tbank you.
I1 park development. I I MA ENGELBYFXW: Other questions for Mr,
12 And in closing, out of all the responses or 12 Re A? I wonder if you might put the map back up w4th
13 out of ail the legal notices sent out. of which them 13 the streets on it, with Inman and Meadow. If you might
14 were 12, we've had one response, At the time of the 14 get some Indication of precisely what will be required
is writing of this we had one response in favor and I do 15 in regard to those streets. Obviously, there Isn't much
16 have one additional response which is in opposition. 16 there now.
17 It's from an owner of one of those three homes on Inman 17 MR REED well, the subdivision I'd like
18 Street and I will hand that to you in just a second. 18 David Saln" to answer. That would be better.
19 Stafrs recommendation Is for approval of 19 MR. IAI mca toe applicants have submitted a
20 Z•99.014 for Multi-Family I zoning district designation 20 traffic Impact analysis which is In the midst of being
2I without conditions. The request is consistent with the 21 reviewed so we really don't have any conclusions to
21 policies of both the 1988 Anton Development PI o and 21 share with you this evcoing based on that. We've spoken
23 the 1998 Denton Plan Policies. It is the type of 13 with the ap!,licants, and I don't know whether it's these
24 development Intended within a multifamily residential 24 applicar'.s or maybe different applicants previously at
2s area as identified and defined by the CmwAh Management 21 Devel rpnent Review Comrnittee.
Page 142 Page 144
1 Plan and Strategies. I We're definitely looking at Improvements to
2 Moreover, as a form of in-fill development, 2 Meadow Street, probably some sort of improvement all the
3 it will also provide significant benefits to surrounding 3 wry to Dauglerty. As far as Intersection improvements
4 properties. The proposed development will provide a 4 go, you know, the only good and in and out of this
s compatible arrar.gcnerrt of land uses, protect existing 5 entire location is the new pan of Meadow Street that
6 property values, diversify land uses, and act as a 6 was put in when the mini-viAmhotuea went it. I'm
7 transition bctwxxn higher-Intensity land uses along the 7 actually quite anxious to find out what our traffic
8 Interstate and the low-density residential land uses to I consultant is going to recommend after he reviews our
9 the north. I'd he happy to answer any questions. 9 tralfic study.
10 MR. E'NGELBRECHT: Commissioners, questions to MR &NGELBttEM: t ask that because it
i I for Mr. Reed? Ms. Gourdie I 1 seems to me that if they're only required to do half of
12 Ms. coviwiE: in the backup on page 7, under 12 the stmt, w'e're going to have to do the other half.
t t Table 2, Analysis of Existing Muld-Family Density In 13 meat, that stmt is in no condition to handle anything t
l4 Denton, Texas, it says that the number of units would be 14 and certainly nal the number or vehicles that they're
15 400 and all the other sluff a+ys 192, which is it going is talking about. 1
16 to be? 16 MIL ut mom- well, what I would envision
17 MR. RFED This particular l dropped off 17 here is probably a narower stmt section than normal
IS my revised report to you on your front patio the other iI but one that would not have parking on either side,
19 day. Did you get it? 19 because as you might have noticed from some of Wa3ne's A
20 Ms. oouRDirr that's what this Is. 20 photographs of the especially on the eaWwcst
21 Mrs REED the original report Indicated 192 21 portion or Meadow Stmt, you've got the mint-warehouses
22 total units and was a miscommunication between myself 22 that back right up to It with that tall retaining wall.
23 and the applicant. That's within the rust phase. The 13 so there really isn't a lot of room to widen the stmt
24 total development will be approximately 400 units. The 24 in that dimtion.
25 applicant actually indicated it would be a little less 25 1 would anticipate probably something like a
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1 1 24-foot street secloa or a 25-foot street section with 1 2,800, maybe 3,000.
2 curb and gutur on both sides that would provide two 2 M0. DONAt DsON: Probably closer to 2,500. 1
3 tanes of traffic and it would have to be posted no 3 think six trips per unit, somethting like that-
4 parking. 4 MIL SALMON: Yeah And with a student
S MR ENGELBRECHT: Then would that be and S housing unit, those numbers could be, l appose, higher
6 at the comer there where it makes that 90-degme and 6 because going to have more vehicles per apartment
7 comes v,, behind this facility right thee, that would 7 unit possibly. I haven't reviewed their traffic impact
8 remain a corner tike that. I mean, we have a 24-foot It study myself a~ this point, 1 don't know bow they've
9 road with so, in essence, it becomes an intersection, 9 split their traffic. Obviously, with a traffic Impact
to so to speak. 10 analysis the engineer decides or makes some sort of,
I I MR. SALMON; Right, and there wc're going to I I guess, educated guess and distributes the traffic in
12 have to look at probably a wider turn radius than we 12 different directions. I guess one of my biggest fears
13 would on a normal street. 13 with this pa-tieular site is being that this Is going to
14 MR. FtiGELBaECHT; Okay. All right. So 14 be student housing. I would anticipate a large number of
IS they'll so what your pr-oeption is right now is that 15 trips Ong down Meadow Street, turning 1e11 across the
! 6 the developer would build that entire 24-foot curb and 16 tracks, going down Myrtle and catching the signal light
,7 f"•lter on both tides? 17 at Cotiins and Fort Worth Skive.
18 MIL SALMON: That would be our Intention at 18 MR, ENGELBRECKT: Exactly. &catts' if YOU
19 this point. 19 exit on Meadow onto the access road, you have to go
20 MR. ENGELBRECHT: And then, okay, if that's 20 through the Intersection of the access road and Fort
21 that part of Meadow if you would put that reap back up 21 Worth Drive, correct?
?2 again what about on d„vvn, I guess, all the way down 22 MR. SALMON: That's right. And I would
23 to Daugherty, from the corner &YAn to Daugherty down the 23 assume the coming borne traffic would be just the
14 other way. Okay, right. 24 opposite. The only way to get back to this property,
25 MR SALMON: PerrmAcr paving will apply all 25 coming back from either of the universities, is tither
page 146 Page 148
1 the way to he edge of their development so it will just 1 to come down the service road and U-tu m beck around or
2 about to Inman Street. So they have it curb and getter 2 else come back aro. nd on Dallas Drive and Teasley Lane.
3 street section. From that point on, the requirements 3 So I would Imagine the most convenient way to acau
4 would probably be something more in the lines of 4 this property is probably going to be from the Fort
s patching and overlaying, possibly milling off the S Worth Drive, Collins Intersection.
6 existing pa%em_-rtt and remixing the sub-grade and doing 6 MA ENGELBRECHT: what is our plans for
7 an overlay, some kind of combination or Improvements 7 Locust on the other side of the railroad track in terms
8 that would make the pavemrni sufficient to carry the 8 of improvcm nts? It's not much better than Meadow.
9 additional traffic. It would still be ebotn a 24-foot 9 MR. SALMON; NO, not really. Currently, the
10 wide pavement even at that. 10 some Dcpo', of course, is improving locust Street from
I I MR. ENGFLBRECHT: okay. Do we have any 11 1.35 back to the end or their property. In addition to
12 sen3e or what we could expect at build-out? I'm out 12 that, one thing that I think will be helpful is the fact
13 thinking abour ! 92, which it would be considerable to I3 that biome Dcpot wi11 be Installing, for lack of a better
14 build-out 40O units, how much traffic we could expect Io 14 term, a bull-nose style • - .than at the intersection or
15 come in that way and how much we. could expect to come in 15 Locust Street and Ea< . Drive to proclude kft turns at
16 off of the Interstate. And 1 ash; that beaux that 16 that intersection
17 intersection at Daugherty and Meadow, If you turn to the 17 So, hopefully, that will keep some people
is right, you go through a single-family residential area, IS from using South Locust Street. That doesn't solve the r
,
19 which I don't think we want. If ynu turn to the left, 19 problem of people driving on myrtle street. which isn't 1, r
20 you have !o cross the railroad track and that's a 20 much better than Daugherty Of Meadow or any of the
21 dangerous spot. We've already had a death there t 21 others out there.
22 couple of years ago. Do we have some Idea of n v. bcrs 22 MR ENOELBRECHT, In addition to that, Isn't
23 here? 21 d in the plan now that Collins Street will be Unproved
24 MR. SALMON: well, 400 apartment unit • ,v'ould 24 frD- Fort Worth Drive all the way ovet to maybe Avenue
25 probably generate somewhere in the neighborhood of about 25 A?
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I MR. SALMON: Right. 1 alone for the time being or are there any plans? I
2 MR. ENGEIBRECAT: So that's going to be even 2 remember when we did the we were working on the ap.
3 a greater encouragement to go this way out of this 3 we vim out there looking at Myrtle and Collins end all
4 particular site? 4 ova in there. Do you remember that?
S Ma SALMON: Right, 5 MA ENGELBRECKro 1 think all it's got on
6 MR. ENGELBRECHT: t think that's the only 6 there was Collins.
7 ones I have with regards to that Okay. Ms. Apple. 7 Ms. GANzER: Yeah. The Aroets like they
8 MS. APPLE: just along those litres, if I'm It are now hardly gate one trip a day, much less 2,500.
9 understanding the backup In speaking about traffic and 9 t M& mtit RECHT: well, the reason I'm
10 road use, the existing zoning would probably result in 10 asking oil that is it seem to Inc that once this is in,
I1 about 9,000 more trips a day potentially? 1 I even at 192 units, there's going to be some pressure for
12 MR. SALMON: well, of course, and Mark and 12 us through cip or something to do something to the rest
13 Wayne might jump in, but with a comtixrcial•type zoning 13 of Meadow and then over on Locust, as well, because they
14 you can get uses out there that generate almost no 14 just don't
15 traffic or you can get uses that generate huge amounts 15 MS. t'I.NEER. I don't feel like this is all
16 of traffic, Commercial zoning is so wide open. 16 chest people's problem.
17 MS. APPLE: And I guess I'm just going by 17 MR ENGELBRECHT: Oh, no, no. But it's port
18 what y'all provided in the backup that this could is of otrr decision.
19 possibly be substantially less. 19 Ms. GANUIL. it's a problem but it's not all
20 MA SAtxtow: Yes. Ctriainly with Commercial 20 these people's problem.
21 arming, it has the potential for a huge amount of 21 MR. ENGELBRECHT: Mt. Moreno.
22 traffic trips. 22 MA MORENO: Question for Mr. Reed, In the
23 MS. APPLE: with large trucks and et cetera? 23 notched-out area, I think you said there are rhea homes
24 MR. SALMON: Correct. 24 there?
25 MS. APPLE: Okay. Thinks. 25 MR. REED: Yes.
Page 150 Page 152
1 MS. GANZER.~ 1 was basically goln3 to talk 2 MA MOwo, And if I'm reading your
2 about that, too, because it's going from Commercial down 2 proposed site plan correctly, does that mean that those
3 to MuN.Family. I went out there and drove this today 3 homes are going to be surrounded on three aides by
4 and if they can improve the road like it is from, say, 4 apartments?
5 like in front of Roy Riney's to 35, that would be great 5 MR. REED. The proposed site plan shows this
6 if that could be done. If this weren't done and if 6 arcs to be notched-out where the homes now exist. And
7 something tine were coming in or if it were going to 7 as staff, I'd like!* point out that our =tnt
8 stay like that, does the City have any plans to do It Landscape Code provides for some provides ability for
9 anything to improve this arcs over there? This is 9 staff to require buffering between different land uses.
10 definitely going to be an Improvement to the aces. 1 10 And In this can right here, without specifically
I I was driving south on Meadow from Daugherty 1 couldn't I l calling it out in the landscape plan which Is required
12 come around Locust because they have it cut oft from 12 with the final plat, staff will make every effort to
13 Home Dcpot and I felt litre my right tires were on the n demonstrate that there Is adequate buffering between
14 railroad track I mean that stroet is just so tiny and 14 those homes and the proposed development.
15 narrow. IS MR MGRENtr. What h Cit, buffering what
16 MR. SALMON'. Again at this point, not having 16 does that mean?
17 reviewed the traffic study, l don't know exactly what 17 MR. REED: ihat would be a we would
16 magnitude of improvements we're going to require, but 16 require them to put + six-foot all fens and provide r
19 there definitely will need to be substantial 19 some canopy trees along that portion.
20 improvements on Meadow Stmt all the way from Daugherty 20 MA RISHEU And you have a three-story I r
21 to where it's already been improved In terms of 21 building looking in their backyard, right?
22 improvements on Locust or Myrtle Stroct or Daugherty 22 MIL REED. In MP-1 throe stories is allowed.
23 Street, I'm not really prepared to give you specifics. 23 The site plan shows that only the portion at the coma
24 Ms.1W-ZER: Say that this was not going to 24 or Inman and Meadow Street would actually have a
35 be developed at this time, would the City just leave it 25 building +nd they've provided parking all the way around
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1 the rest of it 1 MR- REED: Yes, you could. So if developed
2 MR R2sHEL. it appears to me that that 2 that way, there would be no treed for such a transition. 6
3 creates a bit of a buffer Itself, doesn't it? The 3 MIL ENGELBRECHT: And I, too, have looked
4 parking creates a bit of a buffer Itself, doesn't it? 4 this site over and I we good and bad and I want to get
s MR. REED. it does but 1 think staff would s it all in my mind. If a curb and gutter street was put
6 ask for trees to actually be placed along that portion, 6 in 24 feet wide with curb and gutter there behind the
7 as well, i U-Haul and 1 don't know if this Is a question to you
a MIL DONALDSON: M the cumt zone district 8 or David if the street WAS Meadow Street was
9 We allow a 20-story building. 9 rebuilt; curb and gutter, 24 feet behind the U-Haul,
10 MR. tc!SHEU I'm just pointing out this is a to would there still remain that green space? Would there
1I three-story building look:ng into three homes' backyards I t still be some area as it's shown on the photograph? Do
12 here, 12 you happen to know where the property line is?
13 MR. ENGELDRECHT: othn questions for staff? I3 MA DONALDSON: it's possible that that
14 MR MDREIU Am I hearing that you would 14 building is on the property line. That's allowed in a
15 require some trees or landscaping along the parking 1s Commercial zone district
16 areas that abut that? 16 MR SALMON: we'd have to research the plat.
17 MR REED That abut that, yes. That's what 17 1 don't recall how close to the property line that wall
is we would be looking for in a landscape plan which has to 1 a was constructed.
19 be approved boron final plat can be approved. 19 MA ENOELBRECIITl okay. Let me pose it this
20 MR. MORENO, drank you. 20 way. I don't guess it really matters because I want to
21 MA ENGELBRECHT: MC panzer, 21 ask this question. What you have here Is this concrete
22 MS. GANZER; wayM, what is the land that 22 wall that's going to be facing a residential area Now,
23 these the area that these three houses are sitting 23 my question is, is it possible for the City to put some
24 on? How is that zoned? Is that zoned commercial? 24 vegetative buffer between that wall and the street when
23 MR REED Thal Is zoned commercial. That 25 it's constructed? t
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I is correct 1 ASR. SALMON: Well, it looks to me that
2 MS. GANUR: All right. Thank you. 2 you've got maybe about five feet or so between the edge
3 Ms. APPLE; I'm just wanting Mark to clarify 3 of the pavement and that wall, It also looks to the like
4 something he just said. So as it's zoned now, it could 4 the property line between the two properties is out
S have a 20-story building on it? S somewhere in the paved area.
6 MR. DONALDSON. Correct. 6 MR. ENOELBRECHT: Well, I'm saying ali you
7 MS. APPLE: okay. Thank you. 7 have to do is trove the street. Now if that means the
a MR. E~GtLBRECHT; l ha1,v s you made a s developer has to require some other dedication, I'm
9 comnrnt in the staff report and I thought I had marked 9 sorry. But I ask that because I have a little trouble
1 10 it, but I can't seem to find it, in essence, You ueere to here when we're asking a residential development to go
1 I saying that this zoning would serve as a transition and I1 up against a painted concrete will decorated concrete
12 1 wasn't sure how that worked since we had Commercial, 12 wall.
13 Multi-Family, and then Commercial again. Somehow 1 13 MR POWELL: Have you got something against
14 didn't sec the transition as being consistent. 14 this kind of artwork or something?
15 MR. REED; 1 mcanl that only in the form of 15 MS. GOURDIE: 1 don't set multi-family of
16 existing development. To the north of this 16 this type as a residential, so to speak.
17 MR. ENGELBRECHT: oh, okay. It's for 17 MS. GANZER: if they're going to be residing
16 existing devclopna t. Yc7. All right. It would 1s there, it's going to be their home, is what he's saying. r
Ii transition to existing dneelopment. 19 MS. OOURDIE: I realize that, but the whole 4
20 MR. REED. Correct. OTvr here on Daugherty 20 purpose of doing this was to transition into you make (r
21 Street and where it turns up here, this area is actually 21 eboim in life, choices when you're a colkge
22 current single-family development. It was there in 1969 22 student, you kam to live against a U-Haul building
23 and it's remained there though it's zoned Commercial. 23 because that's what you have to do because that's how
24 MR. ENGELDRECHT: But, in essence, they 24 much you can afford.
25 could get Commercial on the other side of it? 23 MS. PANZER: 1 have lots that back up to
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1 cemeteries, too. I Antm;% Taxes, 78205. I brought Miguel Arce from my
2 !via. APPLE: Some of them may be 1r udding 2 office with me and my arcbilect, Mr. lack Qaycrok
1 artists and may we that as a canvas. 3 who's from Dallas. Our Proposal Is very, very similar
4 MA WGELBRECHT: rm sorry, folks, but we 4 to the one you beard previously from mL in fact, k's
5 wouldn't put any kind of residential up against s almost identical except that from a minute star. dpotnL
6 something like that and 1 can't see putting this one up 6 The rtoarplan u a link bit di Teem. The mix is ■
7 against there, 7 hnkbit diffemt
8 Ms. GOURDIE: we do it all the Ilea. That a We Lave planned on our first pba,% 192
9 is what 9 units. 'Tbis would be da phase tine here which would
10 MA Ruvet; Jim, I've got to tell you I to have the first L92 units sight awe mat will contain
I I totally disagree with you on that. I think that it's an 11 $64 bedrooms. Right tww, cur p;an Is to do another Im
12 ideal buffer to the U-Haul place between the apartments, 12 buildings with exactly the came ?nix, another 192 units
17 which Is actually buffered by a parking lot I saw most 13 with $64 bedrooms. Now, some of this is subject to the
14 of the traffic coming out of the units and going dtte 14 planing procas which we arc currently having
15 south on Meadow backup to the access road. And that's 15 engineered and wdll be getting with staff.
16 a concern to me because that's a bvd access - that 16 We've already bad preliminary meetings witb
17 backs lip for a quarter-mile at some points. Is the 17 surf and we understand that we will need w do some
18 access road right in that area? Would that stay In that 18 1 nprovaanu to Meadow Road. and obviously wo would want
19 configuration w nth the other things we're doing along 19 to do that for our bee efmt of nur property; ahbotlglr,
20 further down the freeway, Mr. Salmon? I guess that 20 bore aid up bere we will be bringing sew o which is
21 acorn 6xs not change or Is affected by the things 21 etrrondy i,nm fat away or so down to this sire.
22 we're doing closer to the mall and the hospital. 22 There is not eel m4y - it Is std savkAd by sews.
23 MK SALMON. No, all that occurs from ter 23 We will also. it is my urAcritanding, be doing drainage
21 In the mall Brea. ?bat would have no affect on this 24 hnprovermu starthit rybt here. You can sex 11111
25 area at all. 25 swell going ffirw h bore and we will be doing
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l MR. RISHEL: I see this as a really I improvements to drain this area all the way out to 11x5
2 challenging piece of property to develop and I think the 2 end of our property lire.
3 efforts that the builders and developers have made here 3 We know the people along this and that own
4 are significant. I live about a mile and a half, the 4 the property next over here. McNicholson, who used to
5 way the crow flies, from this location and 1 can tell 5 have this property under contract, has this property
6 you on a nice coot summer day, for some reason the 6 over here. We're working with him together on the
7 engineers like to blow thou hom right when they bit 7 drainage issues here. Our property is, like I said, the
8 that bridge, I think. And it Just tends to echo right s amenities will be very, very similar to M. It will be
9 off of there so it's going to be I'm Interested In ) rented by the bedroom. Each unit will contain is
to what the occupancy rate is going to be frtha on in the 10 separate security system.
I I year. I I Ea:h bedtnom wi'.I have whet We call a panic
12 Fu. GGURDM: Are we going to hair from the 12 button which is sc+ually in the wall and it can come out!
1-, developer? 13 on a cable so that you can even put h in the bed with I
It MR. ENGELDRECHT: Yeah, we're ^ this is 14 you if you wanted to. Each door will have its own lock
15 just questions for staff and I recognize it good deal of is so that the students will have their bedroom. There
16 the hold-up is me, but I have questions about this. 16 all be built-in desks, separate modem lines for
17 Tti ac's good and bad to this piece and 1 want to make 17 computers and a separate telephone line.
Is sure we've addressed what I consider the negative side 18 'here will be a common telephone line into
19 of this, Any other questions for staff? May. Is the 19 the uni% the community will be gated with limited t
20 petitioner or petitioner's representative presatt? If 20 sccesr gales and wood screening fences here, around
21 you would please, sir, give its your name and business 21 her, and w7ou& iron here and down Meadow Street E
22 address for the record 22 costing this way. The clubhouse is here. Entry kvtl
23 MR CARAWAY: My name Is HLO Caraway. I'm 23 will torte In here, The clubhouse will have two
24 the Chief Executive Officer of Intcmacional Pealty. My N big-screen Tvs, pool tables.
23 business address is 405 N. St. Mary's, Suite 650, San 25 There will be six study rooms with computers
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I in each one, a common fax machine, a common copy I Southwstern Bell is headquartered in San Antonio now,
2 machine, vending machines, and a fitness facility, as 3 VsAA and some other corporations. And they have created
3 well as a Imp pool and dock. 3 a scholarship for their high school students in the'
4 Again, the community is dL-, ,reed to cats to 4 local district to provide them schoWWI) funds fc
S the student. N demographdes as far as students are S them to go to college, So I mm 1 think you'll sa
6 concerned is moving faster then you might think and 6 this trend continuing and continuing and continuing,
7 faster than lei or us or Capstxe or some of the other 7 Tie students of today are a lot dirrcrent
it Sterling, or some of the otl er people that we doing 8 then they -were when I went to school, When 1 went o
9 student housing. Just to give )oar an example. I think 9 collrge, l lived In a dormitory with one room, there w ss
10 the university here increased its enrollment by 400 to eight of us. And we went down the hall to a bathroom
11 people, tali of 1968 over fall of 1997. 71e I I and it was worse than when 1 was in the Navy. You
12 demographics that we look at country-wide are n walkead In there and there was a bunch of showers
13 Incredible. 13 sticking out of the wall facing you know what on the
14 You've got basleally three things that are 14 other side or the wall. And we thought it was scat.
I $ pushing the student populations. Cre Is Just the Is But the students of today have not grown up
16 abr0lute number of students from the bab) boom or echo 16 that way. They've grown up with choir own bedrooms,
0 which are not en'.cHng their college )ears. Sce, most I17 sonettm,.s the r own bathrooms, and more importantly s
18 or you, not all of you, remember back In the 701 and AN 18 car. In NO. school, they get a car. if we don't buy
19 how the baby boomers just threw everything off Oe 19 it fa thaw, they so bury It themselves.
20 charts. Well, the baby boomer echo is going to 20 So one of the unique things about these
21 virtually do the same thing. 21 properties and you've hit right on it Is the massive j
22 Secondly, we've had the greatest wave of 23 parking rtquirenents and we choose to provide that
23 Immigration into this country since the 1890s and 23 parking requirement within the community, rather than
24 nuu,.bers arc stagW.ng. And these numbers are notjust 24 letting then pair In neighbors' rront yards or on the
25 from Mexico, they're from China and they're from Vietnam 25 street or WAerever they can find a place to park, pulkd
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I and they're from c tstern Europe and many or those people 1 Wit, i+ils or like: this.
2 are coming over her t so that they can gel jobs and they 2 And we orient the community to try to be
3 can educate their children. And that's going to 3 able to handle that kind of traffic. So We think that Jl
4 increase college enndGnent. 4 it'a better to go shred and provide that parking within
s And then the last thing Is there is a big S the community behL-vd the fences and when there is
6 push at not only a national, but a state and local level 6 security than to have them searchins for wherever they
7 to provide every person that graduates from high school 7 can find to park it,
s with a college degree or an opportunity for a college 8 Lastly, we arc not a large company like Jri
9 dcg:~x, 9 and that's not bad, It's not pod; but we Jest happen 10
10 I'll give you n example. The state of to be a smaller company. I used to be with a law
I I Georgia look their to eery proooeds and created what's I l company. 1 was a partner with Lincoln Property Company
12 called a Ilope Scholarship and they provide tuition and 12 which was a mill Is huge apartment deveopment
13 books for every student that graduaes from high school 13 company. But today we're just small. We'remos ly a
14 in tiro state of Georgia. And it W overloodittg those 14 family operation, bly wire handles our property
15 schools like crary. 7bey've had to take the University I s management. Miguel lsmy stepson. Ilea teaming the
16 of ocorgin and only make that for the oats that 16 development business.
17 graduated with a 1.0. But schools like Georgia 17 My daughter runs the student property
is Southern, C-..orgis State arc just overflow: ing. And every is management. And we've Used our kids, all five of them.
19 day we hear debate about eduatlon, Republicans and 19 They've all five sradua'ed from college from five
20 Democrats. They've taken it up together so, obviously, 20 different universities and we've used them as our (f.-; r
21 something is going to happen here pretty soon. 21 resource and our research to tkstgn the communities for
22 In San Antonio, where I'm from, one of the 22 the benefit of the student
23 school districts there, a small rural school district on 23 1 would like to reaiond to your C01"n nt
24 the outskirts rf San Antonio, which is largely Hispanic, 24 earlier, what do you do with these things In 15 Of 20
2s has created a scholarship by going to corporations. 23 years u nn alternative use? I think that Cove of the
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I alternate uses is going to be universities acquiring 1 future you'll as less and less of the kind of things
2 these. It's a lot cheaper for a university if they're 2 that you're talking about. I've overrun my time but I'm
3 going to stay In the housing business, which I'm not 3 happy to answer any questions.
4 sure they are, but if they're going to stay in the 4 MR. ENGEI.BRECHT: Queauons?
5 housing business and have control over dormitories, then $ Mt, wsHEt.: Yeah. I'm curious that when we
6 they •vill be a candidate to buy these things and run 6 talk about student housing, what do you anticipate the
1 them and maintain them themselves. 7 potential cost per unit to be - - I gu•,as that's a per
a At Okls9oma State University in Stillwater s bedroom cost; is that corrat?
9 where we have a property under cow1ruetion, the 9 t MR. CARAWAY: Wr took at it both ways
10 university is testing down eight ten-story domtitorles 10 Jbcse buildings our costs on this building with
I1 that were built back in the 50s and 60s and replacing I l everything, Interest, taxes, land is about S67,000,00 a
12 them with this kind of product and have hired a private 12 unit.
13 developer to build that prodwtt for them and to menage 413 M0. RISHEtr what does It cost per student
14 It for them. t4 is my question. What do you anticipate?
15 So the old concept of sturients living in ten I S Ma. CARAWAY: Divide that by three because
16 or 12-story dormitories Is really not the waive of the 16 we average three bedrooms per unit,
17 future. They really don't want to live that way and 17 MA. RISHEU rm talking about a monthly
Is they really don't want to cat In thr' carderia that's Is cost,
19 In the basement, They would really rather cook for 19 MR CARAWAY: 0h, the rent. We will average
20 themselves or go dow r the the McDonald's or fast food 20 about S)15.00 to 5325.00 & bedroom, We charge more for
21 place or whatever. So I think because I've thought 21 for a "bedroom and we charge the cheapest for a
22 about this, I've thought about what do you do with these 22 four-bedroom. But the cost is competitive with living
23 things if alt or a sudden tt,cre's not a university or if 21 in a dormitory.
24 all of a sudden you wake up one day and instead of 24 MR £NGUNRI'CtrT: Ms. Ocurdie, do you have a
25 getting In your car and going to class, you turn on your 15 question?
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I telcvision set because weir not too far away from with 1 Ms oouTt m vcs, The parking, will it be
2 the technology we have today, 2 ■ one-to-one ratio? Would there be 1,126 parking
3 Another, although this may be far out, 3 spaces?
4 another idea as alternate use for these properties would 4 MR eARAwAY Thera will be, in k first
S be suites for businesses, extended stay more W. I 5 phase, there's 564 bot'r o:,rs so there will be at least
6 hotel kind of operation. I think today with the land 6 564 parking spaces.
7 use controls that are in affect and the sensitivity that 7 MA ENGELBREcHTi Any other questlonsl
a the cities have to development and to the way that s MS.0AN2:ea I was going to bring up what 1
9 they're paying attention, I think it's going to be very, 9 was commenting on tarilef If this is the appropriate
\ to vet y difficult to have the kind of situation that you to time to do it. Mr. Caraway, earlier when we did this
1 1 I were describing in 15 years. 11 let, there was something that I forgot that 1 was going
12 1 just think there's a lot more attention 11 to do and Mr. Enjelbrmlrt brought it up. Would you have
i 1 paid to details like parking and d1 airlago and quality of 13 a problem with w limiting tie number of units per acre
14 construction, the quality of Cue buildings and the 14 to 2l units per acre, or putting that condition on this?
15 quality of the dcvclopmenl, And I'va found this in t S MR CARAWAY, r think. cadre right at about
16 university towns, It's paid attention to even closer, 16 that.
17 Stillwater, Oklahoma, we went through public 17 Ms. GAINUR: I think we're at 20.69.
Is hearings twice just to get our site plan approved and we 1s MA CARAWAY; No, I wouldn't have a problem. r
19 sat down, we worked with the neighbor on trees and 19 Ms. GAN2ER: Would you have a problem with A
20 screening and what have yoir, and you don't go through 20 us putting that condition on It? It I had remembered I (f,-
21 those same kind of things in a plaoc like Dallas or 21 would have asked them on the other ones
22 Houston. I think In the unhYrsily towns where the 22 M0. CARAWAYe 1 don't think you can
23 people seem to be much more and maybe It's just 23 realistically from a planning standpoint, I don't think
24 because usually the towns are smaller, there's smaller 24 you can gel any more units on there 6M you can.
- town attention given to these things. i think In the 25 Ms. GANuR. Al&. I understand that. But
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l just like he said, if something happened that you didn't 1 years and it has to be converted, you know, what about
2 go ahead and do the develop it end sorreoody else came 2 those parking spaces? What about all of those things?
3 in and It was just zoned Multi-Family, the/ could 3 And 1 don't know.
4 possibly go up to 30 or 35 units per acre, 'Ills way if 4 MS. GANUk We can't se, Into the future.
s we put this condition on it, they wouldn't go over the s MR. eAMwAY: And I really don't think the
6 21 units per a,;re, 6 parktog is the problem. if this is going to be reused
7 MR CARAWAY: That's fine. We own the land. 7 in some other form or fashion, then I think it's the
6 We bought the land and so we're hero 8 fact that there's heavy tiree and four-bedroom units,
9 MS. GANZEW But if something happened 9 which Is not your tvplcal apartment unit that would be
10 MR. CARAWAYt rm fine with that to more of a problem of who you rent it to. The
I I MIL MELBAECHT: I want to go back a minute I I throe-bedroom, thra•bath and the far-bedroom, two-bath
12 to this transition idea. I mean, l know you and 1r1 I2 would automatically convert Into some kind of housing,
13 both said, well, we're going to do this for 23 yean and 13 And with that many bedrooms and baths, it's going to
14 that may be true, but if that's good construction, the 14 have to be family housing.
IS building will last longer than 25 years. And In that is ms. GANZER: We arc desperate for throe
I6 period, in 25 years we've am 0SU,0klahom8 State build 16 bedrooms In this town now,
17 and tear down its dorms. Part of that is because the 17 Ma';ARAWAY: It would go Into family
19 kids don't want them anymore. It was the wrong dalgn, Iii housing. You wouldn't treed 1,000 parking spats. You
19 MR. CARAwAY: Yeah, and they weren't air 19 Would probably need half that,
20 conditioned. 20 MR EN'GELBREC'HT. My point is as a City, we
21 M0. F JELBRECFIT: It we, 911 609 kinds of 21 have no mechanism by which to 80 in at that point and
22 things and as you have admitted hen:, the students went 22 say, icy, remove some of those, you know.
23 from, hey, a dorm is fax to a dorm Isn't any good. 1A'e 23 MR CARAWAYi rm not are that you're
24 don't want so many roommates and now we're down to we 24 MR. ENGELBRECHT: And I don't know. I'm
25 want our own room, t,ur own bathroom, our own car, and 60 23 Just pointing •
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1 1 really believe that In 25 years they will be in want 1 MR CARAWAY1 The parking lots don't become
2 for something else other than what you-sli are offering. 2 eyesores like buildings do if thuYre not taken care of.
3 I don't know what it's going to be but I bet It's 3 Buildings we saw during the Crash in the real estate
4 somcthdng el; I mean, that's just the nature of the 4 in the 19805 and that's how I got all this gay hair.
s bustness, it seems to toe. That's rk rnal. S I'm realty about 35 but going through that crash and
6 MS. 43AN7ER: It can be that WN oil any 6 when all the savings and loans went broke and the RTC
7 apartment building. 7 was forted and the RTC acquired than apartment
9 FIR ENOELbRECHM We ha%e seen apartments It properties, the gnat bulk of those properties were only
9 we know last and the desire for them lasts a long time. 9 three of four years old.
10 We've soen that We have a history of that of how 10 And by 1913 and 1994, when they bad gotten
I I long has the country been here, we've bad apartments and 1I rid of the Iasi of them, they looked like they were 20
12 they seem to last, It seems to me, But we haven't soon 12 years old. And the reason we, they were not tmintained.
13 lhcse strttcturcs, a demand for them for a long period of 13 The people were not allowed to spend anything on
14 time and I'm not ct mvinoed that there Is going to be a 14 landscaping, They couldn't fix anything. If the unit's
is Jemand for a long period of time a then was not a I$ plumbing went down, they just cut it off and let it sit
IS demand for dens for a long period of time, It was 16 dot vacant
17 there and thin it's disappearing as another type of 17 And :hose Apartments deteriorated rapidly,
18 structure is desired and 1 don't know what that and 18 very rapidly. And then the boom came back and people
19 they may be desired. 19 went In and they bought those properties because they r A ,
20 MS. GOURDIF.o Wasn't it the same argument 20 could buy them cheap because the RTC Wal trying 10 get % f r
21 with television and everything else? We need toj...t n rid of them and they traded to get them Oft their books.
22 Coe 22 60 you were able to sequin them chap and go In and
23 MS. GA,yZEx: Those of us In that industry 23 spend 53,000.00 or 54,000.00 a unit to put them back in
24 We that nOCd though. 24 almost the shape they Were in previously and In fsc4
23 MR. ENGEIBRECHT: If we have that In 25 23 Improve them.
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1 So It's the maintenance of these things. If t affected by thla development is underdeveloped and does
2 they're not lived in, it they're not maintained, they 2 not repn:sent our city u well as it should. I'm not
3 deteriorate quickly, very quickly. And that's what 3 here to make that pitch so strong as I em o say that
4 keeps it looking nice and what keeps Its usefulness. If 4 this arcs needs one large developer, whether it's
5 it's not maintained, it won't stay. 5 commercial or whether it's mulddamily. It dcesn't
6 MS. WiJori E: t would really like to move on 6 make sense for a Jorge commercial development. It does
7 because this does not pertain to any of out ordinan^ 7 make sense as a large mutd. ramily residential
I it doesn't pertain to anything, We are here to look W a development. And I think it will fix some or the
9 right now, this moment in time. I realize that you are 9 problems that this geographic area hashed.
to very it Is the future, but we really nerd to move on. 10 1r you look this Is do you have one of
I I MR. ENOELBRE.CHTr Any other gntations for I I the maps that you can put up for me, Wsyne, Mr. Recd?
12 the petitioner? Thank you, sir. Is there anyone 12 And if you'll look at this area right here, all or this
13 present to speak In ravor of this petition? If you 13 has no sewers. The U-Haul has a l ft station that
14 would please gin to your name and address for the 14 life, I believe, going this way back toward Daugherty
I S record. I s Street and Roy Riney has an aerobic system. Be actually
16 MR. MARM i would. Dan Martin, I office 16 developed one acre - he has a two-acre tract; developed
17 st 620 West Hickory In Denton, 76201. I'm a dneioper 17 one acre and maintains the second acre for aerobics.
1 g and this particular geographic area is sommthing that's 13 And, of course, the mini-VLmbDuse to me is not ideal
19 been kind of slipped through the cracks In Denton for a 19 for the interstate frontage, but none the less, it's
20 longtime. It's a in-fill area that's not developed 20 there. I'm just saying I think when this develops, it
21 appropri atciy avid there's a number or reasons which I'm 21 is going to open up these tracts to develop, as well,
22 not going to get into. I've been an activist about this 22 make them very stuticuve,
23 particular area for a long timer 23 The only thing I we as a shortcoming here
24 But I'm here tonight to speak on behalf of 24 is that - and I understand why the developer, bring a
25 Roy Riney and Roy Riney Insurarvice, which is an adjoining 23 developer myself, I understand why the developers have
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1 neighbor to this development. And part of the reason 1 not approached these property owners because it's going
2 that this has not developed and will not develop in the 2 to slow down the process. They%t made a deal with the
3 future is because there's no sewers. And a 'mg as 3 Inmans who arc the primary property owner of this tract
4 it's zoned Commercial, It's going to be Iow,nd 4 that's shaded in and have already purchased that
S Commercial because it has no frontage, it has no real 5 property and It makes sense to expedite it by coming
6 appeal to anything but law-end Commercial and It will 6 before you tonight with that plea of property in hand.
7 always tx a small division or commercial development. 7 But you've got three residential owners in
I in other words, small tracts, one-acre, it this tact here that doesn't make sense, from a planning
9 two-acre tracts at best, none of which a developer could 9 standpoint or from a oW development standpoint to
to afford to bring in sewers by himself. So the highest 10 exclude them from the development. I would hope that
11 and best use fa this property is one large developer. h I even on the favor of this development I would hope
12 It does not make sense to be a large commercial 12 someone would ssk the developers to at least try to make
I3 development. It does make sense to be a large 11 some der with those property owners to include them in
14 muld-family dc',etopmcnt. 14 It. it dacm't mire sense to develop arowd them, l
Is And I think you'll we a lo' or spin-off 15 guess Is whal I'm trying to say.
16 development lake plea once this development is 16 But I'ns in favor & It u Roy Riney Is the
17 completed As they bring sewers Into the area, I think 17 owner of this piece of property on Mcaduw, is in favor
I I you'll we the frontage road on 1-15, the service road 16 of this site being developed as proposed. And one r
19 also develop because now there's the presence of sewers. 19 further comment. because of my backgrotatd In traf(c, I t, t
f /
20 Now, I work with The Vision Oroup. 1 work 20 feel pretty strong that most of this trame :s going 1(
21 with 71e Corridor Group, I tvork with a number of civic 2I torte up Meadow Street to Daugherty and across the
22 organizations that have addressed tht beautification of 22 tricks. Thank you.
23 Denton and the developmxtt of Manton. I've got to tell 21 MR ENOMUECHT: Questions fee Mr. Martin?
24 you that it's kind of shamerul right now that this 415 24 Given that you think most of that traffic will come up
25 corridor that we're talking sboO that's going to be 25 to Daugherty and cross the tacks, what do you perceive,
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1 it the sewer is in there, what do you perceive the rate I streets thing and all and I didn't understand correctly
2 of development along the rest or Meadow there down to 2 but if we're going to have to -nprove that street, would
7 Daugherty, between this vile and that othdl Would you 7 y'ali i we it anyway? N that what I'm
4 see any because that's going to have an impact on the 4 underv wti ing? If not, does that mean that's goi.'w to
5 street development. 3 cost us as taxpayers more money. Is it going to come
6 MR. MARnN: well, it will and 1 think 6 out of our pocket? Because my concern has always been
7 you're going to eml ,p with either light commercial Of 7 that y'all and the school board and everybody else
e you're going to end tip with another application for I ward seems to be spending too Rauch of our money and
9 apartment complexes because the land Is inexpensive 9 yo, necdto remember it's our money. It's not your
to there and It makes sense again for other developers who I ri money, it's our money, And if there's any way you can
i I are going to bring multi-family living to the table. 11 plan to lower taxes, three's the Net,
i h 2 This doesn't have frontage that's very attrac4ve to 12 In fact, if you had regular entranced 0 In
13 high-end commercial devtlopment. You would probably gee I ) hero, you might be seeing more taxes being paid and that
14 very discretionary buyers. Multifamily you would not. 14 would hir1p us m homeowners and it would create more
15 5o it could be bad, but I guarantee you if price is the 13 jobs. t:,a doesn't took like it's going to create that
16 factor, stunts will rent even though the roads are not t6 many jobs and we teed more jobs here in Demon 1 mean,
17 very serviceable. I7 here we've got United Copper coming in, Peterbilt's i
I I MR EN6ELDRECHTr 1 know. I know. 1 19 expanding and, you know, if we could get some more light
19 understand Thanks. Is there anyone elre present who 19 industrial of some sal and that would probably more
20 would like to speak in favor or this petition? Anyone 20 likely could be a one-story and might be more likely to
21 else present to speak in favor of the pedtiar? In that 21 buy those homeowners out. It looks like I've still got
22 case, i do have a card for someone who wishes to speak 22 two minutes.
23 in oppesttia.. Mr. Price, if you would give us your 23 You mentioned something about the landscape
24 name and address for the record, please. 24 thing? Vall nett to undaatand and I've understood
25 MR. PRicei r,.ne Price. 125 Chisholm Trail 2s that you need to plan for getting rid of seem of our oak
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I and that's here in Denton. I heard you-all on the N, I tress that we're trying to save. From what I've
2 the cable access, and my concern is •le fact that you do 2 understood, those do cause ticks which could be a health
3 have, l believe they said, one hotte owner that Is 1 hotrard. So when we're planning for duvdopmcnt, we need
4 agalasl it. Ain 1 correct in that? Do I understand that 4 to took at these tress and bushes to we which ores are I
5 right? And I think you ought to at least consider or s eal:;:ng the ticks and otter raicm19 and try to gee rid
6 find out what the problem Is there and ace what might 6 of those thir;4s.
7 make them happy because 1 believe In this country, we 7 I don' : care how prat) ' Ky are, if you've
e have decided that we h.3ve a precedent that we want to t got ticks and snakes in tent, they ain't no good So we
9 have go with the majority but also give consideration 9 need to consider these things before we just think
10 to the minority. And 1 think you-all nerd to consider to everything's pretty and wonderful, you know, and like I
11 that. i I say, whatever we can do toga industry In here paying
12 I thtlnk one of the problems that they may 12 tuxes.
13 have is, like they said, you've got a throe-story 11 Milk. ENOELDRECHT: mr. Price, I would nsk yo-i
14 apartment complex looking down In their backyard, u 14 to retain your remarks kt this site and this east,,
13 some of you-all mentioned earlier, I would suggest that is Thank Yom Any questl ris for Mr, Price? thank you,
16 y'all might check with the developer and see if you can tb sir, Is there anyone else present whc would like to
17 make it a two-story. That might be a workable plan and 17 speak in opposition? If you would give us your name and
1s that might make thr homeowner trtore acceptable of i4 r8 addrm fat the record, ptease.
19 too, As 1 would think that y'all are very concerned 19 Ms. DEtANO. My name is Katherine Delano and q r
20 about making everybody happy as much as possible. 0 20 f reside at tees Inman. My father financed the house so
21 course, you can't always do that but I think you should 21 it is in his none. 1 don't tuncessarily o; pose this, t
22 at least contact that homeowner sorrichow and try to get 22 just think well, what 2 world kilo to request is that
23 them in on this, as he was saying earlier, try to make a 23 you delay the approval of the m,~tld-family Poring in
24 deal with them somehow or other, 24 order to give the developers an opportunity to talk with
s The other concern is y'all mentioned the 23 the hamoownen, maybe to Come to a reasonable offer of
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n some sort and the t at that time, I would be totally for 1 entertain the notion of trying to acquire that area?
3 alt: development of this property. Just include our 2 MR CARAWAY: Pm not nave what the history
3 whole the three single-family residents In the toning ) was. My partners and 1 were mating with the landowner.
4 once we have been contacted and considered. 4 We had it under contract and then wv found out about
MS.000RDIE: So you're saying you did not s impact foes and all the improverenta we were going to
6 ever speak with the develorct? 6 have to do. I thought that the broker and I'm not
7 MS. DELANa No. 7 sure if this is true or not the broker had tome back
8 MS. OOLRDIE: They never crontacted you? So it and said to us that the houses weren't for ale, that
9 the only way you found out about this was through the 9 they t:onldn't be sold of Mr. Inman bad tried to buy
to notification through the City. And what exactly are you to them. I'm not sure what the history is. I'd have to
I I opposed to? 1l ask my partner who was more involved in the negotiation
I2 MS. DELANO Well, l frankly just don't want t2 process than I was.
I ) to live there if this is going to be developed this way. I ) MS. APPLe: would you agree that that might.
14 Ms. o0URow: Thank you for coming forward. 14 be a good idea for your project, as well as fa the
IS MR.ENOEL13RECHT: Other questions? Thank IS homeown&s?
16 you very much. Is there anyone else present who would l6 MR. CARAWAY; tike my daddy salt, once you
17 like to speak in oppvsition? Anyone else present to 17 agree, then all you've got to do is decide on the price.
18 speak in opposition? In that can, you have an 18 Unfortunately, my expo fence in these gitustions is not
19 opportunity for rebuttal. 19 good.
20 MR. CARAWAY: I am very sensitive to the 20 MS. APPLE: It just does seem rather
21 single-family, the three-story unfortunately, even t 21 Interesting to me to have that little cut-nut in there.
22 two-story building can see down Into the backyard. 22 It seems like an annoyance for everyone,
23 Maximum fence heights are six to eight feet and %t put 2) MR CARAWAY: This area right here used to
24 the parking in here to try to provide an additional 24 be right in here, the reason they're In there like
23 buffer right along in here for the single-family std 25 that is there were mobile hc:nes. There was a little
page 182 Page 184
1 back these buildings back up over here. This building, i road cut through there and thie were mobile homes, The
2 we pushed in there and that is a three-story building 2 concrete pads are still there.
) and if that needed to be a twastory, l don't have a ) Ms. APPLE: Thank you.
4 problem with that. 4 MR LNOEL6RECHT: Are trere any other
S The site plan is not in stone because we do s questions for the petitioner? Okay. Thank yo% air.
6 need to go through the platting process and they'll take 6 The public hearing Is closed. Mr. Rad, any final staff
7 us through the ringer on that. So there will be another 7 remarks?
8 opportunity to talk about this In a public hearing as to 8 Ma. REED Yes, two. The fir! t is
9 screening, landscaping. 9 eoneeming the setback around the single-family homes.
10 1 have no problem sitting down and trying to 10 if a structure Is to be placed In this area right here,
I I make a proposal with the homrown ers as far u the type 2l it would have to rtsp.:t our setback requirements, which
12 of fencing and the type of screening, the building I I along Inman and Meadow Stmt would be it minimum of
13 heights, the landscaping, what have you. But I just I ) 25-foot setback, For an interior property line, which
IA don't think it's props or could be done in this forum 14 would act as a side yard, a two-story multi-family
15 for just the change in the toning. IS structure has a minimum 16-foot setback, a three-story
16 MR RISHELr I appreciate your Orfcr Of 16 has a greaser setback; typically, they're 34 feet or so.
17 lowerirg the NI& of that building. I'm just 17 It's one foot setback for every hvo fat of height so it
18 wondering If maybe a combination of a two-story building 18 becomes a l l-foot setback They would have to ensure r
19 and some tree buffer along that might nearly totally I9 that those requirements for setbacks would allow for
20 mitigate the impact on the rcsldrnct$ there. If that 20 the'v ,r rtuturc then. (1 ti
21 would help, as well as the required six-foot fence, it MR RISHEL; You're saying It may not fit
22 MR ENOUSILECHT: Did you have any Other 22 there anyway?
2) comments? Okay. Let me see if there are any other 21 MR REED. rm not sure if it will but I do
24 questions. Ms. Apple. 24 see that on this plan that this is 104 fat right here
25 MS, APPLE; 3wt out Of Curiosity, did y'alt 25 along Inmtn to Meadow. Of course, because the wmem
PLANNING AND ZONING MEETING MARCH 10, 1999 ~
35.
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Page 185 ~ Pape 18T
I property line is at an angle, the linear rootage along 1 MR. ENOELaRE-On: And I ask that beaux
2 the southem end of that area is grow. If you take 2 we're dealing basically with a dormitory Item, a
3 awry 42 fat that still does leave 38 feet for a width 3 fashionable dormitory, but a dormitory. And 1
4 or that building. 1 believe that would be more etm-t 4 understand why folks might not want a dormitory in their
f adequate for a structure. So they could fit pots tially S backyard. So thst we would need to condition it to [Hake
6 a three-story building. 6 sure that there was trees or I'm trying to understand
7 On the Issue of height however, this 7 how we ensure that there's r rc'.-,ction there for those
it property is currently zoned Commercial and I would like s single-family residents.
9 to rcmiyd the Commission that it greater height structure 9 . ,bra. REED: rd like Mr. Donaldson to address
to could be built there tomorrow without any approval by $0 it more than I have. I eaa assure yotu that staff takes
I1 P & Z for that structure's height in %ra, I I great pains to ensure the landscape plans meet the code
12 The second issue 1 Just wanted to touch on 12 and that In this case, as well u any other use, we do j
13 is this request is for Multi-Family L without 13 require buffering where we're abutting a bight-density
14 conditions. Comtrilsslorer Ganzer did Indicate placing It 14 use against a lowror-density use.
15 density limitation on this and as a staff member, I'd Is MR. DONALnsON: The LAndsespe Ordinance
I6 like to address the Commission and indicate that our 16 generally speaks to a require.Tent of a Landscape buffer
it Growth Management Plan Identified this era for 17 yard between multi-family and single-family. We have a
is high-density housing Our current zoning regulst•,ms ii matrix of throe different types of buffer yards that we
19 provide for that density fluctuation site by site and 1 19 have Wed to apply that calls out the minimum number of
20 provided a listing of multi•farrmy projects in town. 20 canopy trees end the associr'-ed number rl under-story
21 And ever though density restrictions in our Zoning Code 21 tree per linear foot of lerwth of the buffer yard. So
22 allow for far more apaM1ments than ws ace in virtually 22 we would be looking for that and nequWng that on the
23 every case, to limit this property to 21 units I think 23 landscape plan as it craves through the process.
24 might L,, a little bit against the spirit of what we're 24 % ,it ENOELaRECHT: Do you have a question?
2s trying to stuin in this area. 27 Mr. Powell.
Page 186 Page 1881
1 And the applicant has indicated that they're I Ma towEu.. Mr. Reed, If I have an
2 not even going to approach 23 or 30 units an acre. And 2 und•..-etanding of this, the residential the throe
3 1 guess that's all I'm going to say. I'll answer any 3 residential lots will still be zoned Commercial assuming i
4 other questions. 4 this passes as is?
$ MS. OOI3RDIR Is there a reason why it s MR. REED. That Is correct.
6 neighborhood mooting wasn't requested or put forth on 6 MR. ENGELBRECHT: Any other questions for
7 the table? 7 curt? 1
8 MR. REED: No, there's not any particular 6 MR. MOREN6 This falls in the litres of Ms.
9 reason. 9 0ourdie was questioning about on the public invotverrent
10 MS. 00MIE: t guess I'm 10 or neighbortood meetings. Your policy analysis shows
I I MR, RISHEL! 11 was a staff ieCOmme tdatioM1. I I that public Involvement Is not applicable and I'm
12 MR, REED; Well, no. ON was just never 12 wonderingwhy.
13 arranged. I'm sorry, 13 MR REFm rm goirg to have to admit that's
14 bts. ociumm: But we do by to do that, is 14 staff's mistake on filling the form out and that's where
15 that not what we try to do7 Is the fault lies 1 should have said inconststent in that
I 16 MR. REED: Yes, we do tr; 10 do it. I6 area and as far as my duty In this area, l should have
17 MR. ENOELBRECHT: Other questions for Mr. 17 been more aware of the throe existing residents there.
iI Recd? With regard to t}tc Subdivision Regulations, 18 earlier in the process, rather thin later In the
19 particularly In regard to those two units that arc the 19 proeexs. ; 4, ,
20 closest to the single-family, what would be the 20 MR MoRmo I note that on yo's Colorado
21 requirements for screening, the fence and what else? 21 Boulevard situation you also chocked not applicable on
22 MR. REED: what staff would look for is the 22 neighborhood meeting. But in that case, them
23 fence and in addition to that, we would look for some 23 weren't
24 planting buffering such as under-story, trees or even 24 MR REED: Right, in that case it was.
25 large trees which are in our Landscape Code. 2s MR. ENOELBRECHT: o dw quolom fa daft?
PLANNINd AND ZONING MEETING MARCH 10, 1999
36.
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Page 199 Page 19l
I Thank you, air. Commissioners, any outer comments or a I MR. ENOELBRECHT: said it wouldn't be
2 motlon? 2 accepted so we're back to the original motion and a
MIL OOURDIE: I move to postpone this until 3 second. is there any discussion on the motion? Yes,
4 next consideration. The reason I +ant to do this is 4 Ms. 00urdie.
S because I think the neighbors weren't given a ralr shake 3 MS, OWRDIE: I want 10 say I feel we are A
6 and they have a jot or unanawsrod questions eonotmilng 6 panel of hypocrites and that's all I'm going to say here
7 their future. And 1 would like to give them a chance to 7 is because you guys vote one way for one group. You
8 talk with the developer and then come back and have this 8 vote the exact same situation here, the exact same
9 considered because it's works the developer's 9 yet you vote differently. And I'm blown away again.
10 opportunity, they get more land and they car reconfigure 10 MR. BucEK: Ms. Clot rdie, l want to be sure
I1 their ration and rework the whole layout. I Otlnk It's l l you understand.
12 to their berncrit, as well es the neighbor's benellli so 11 MS. MURDiE: l understand.
j
I) I'd like to postpone it. 13 MR. BUCEK: ?hit is not exactly the same.
14 Mtn nuCEx Let me be sure We're if 14 There was an event that occurred that I had to bring to
IS you're looking at that Issue, one of the concerns based 13 the attention to the Commigsion just now. This did not
16 on the testimony here toniglit that makes that very I a occur In the prior can, We did not nave someone ask
I7 dangems, it sounds like one of the nclghbors. would i,, for you to table this or to postpone this so that they
I a like to have been contacted from the standpoint to we I s could visit with the developer to we if they could sell
19 if their property could have been bought. And there's 19 their property to them, That Is an unusual event.
10 always a concern when you postpone that you're trying to 20 Matter of fact, in my three years
21 leverage the developer Into buying that property. We 21 M5, 00URDIE: 1 did not hear It as being
22 cc teinly don't want to do that. 22 I guess, maybe I did not hear him or whoever we're
2) So I would like us to particularize if we're 23 talking about talk about selling their property. They
24 postponh,g what the defensible thing is that the 24 said that their property they were never approached
23 developer will be visiting with that person about. We 2S to talk about what was going to happen to their
Page 190 Page 192
I need to be very cautious on that. Normally, what you' 1 property. To me that's not saying buy, that's not
2 saying would be fine, it just hapikncd to be just the 2 telling me to sell. She was concerted about what's
3 way the citizen who was talking raised that Issue. If 3 bappening to her Future. And if you Interpret it that
4 that hadn't been raised, I wouldn't have tj make this 4 way, you Interpret it that way.
S comment. S MA. auCEx: I apologize, I may beve
6 MR. RISHEL: And the motion to postpone may 6 misinterpreted but 1 thought that the conversation
7 take care of itself if it doesn't receive a second. t we've had several conversatlons about the pos:ihle
8 MR ENGELBRECHT: And in that regard that a buying this property, wouldn't it be better it v,
9 w'as going to be tic next statement, is there a second to 9 property weren't In there And I thought when one or
10 the motion? Motion dies for lack of a second. to the petitioners got up that they said that and iF they
I I W, OANZERi I'd like to mike a motion. I I I didn't, then I apologize to you.
12 move to recommend approval or 2.99.014 as submitted. 12 1'S.000RDtEi I did not hear that in my
I) MS. APPLE; Second. 13 thing and I just want to say I think that was not given
14 MR. ENOELBRECHT: It's born moved end 14 proper consideration to the neighbors. They were not
rS secondod to recommend approval as submitted. That's IS given the consideration they were due and 1 feel they
is without the 16 had a lot of unanswered questions that we were still not
17 MR. RISHEL: A friendly srnendment as 17 able to answer for them here. And as Commissioners, I
is discussed in our previous things, that the building that 1 s &nk that's our job Is to answer the concerns of rite
19 is on the, I guess that's the northeast aide of the 19 citizens as well as the dcvclopers. And that's why I At
20 ro rtbe a two-story buildin
p Pc Y g excuse me, yeah, 24 will vote against it
21 that one right there, northwest side of the property be 21 Ms. OANZER: And let me say and I w ill be
22 a two-story structure and have a tree buffer between the 22 nice enough to say, with all due respect, Ms. (30rrdie,
23 building and the immediate property line. A friendly 2) No Is a commercial property and it's down-zoning.
24 motion. 24 MA. MORENO I Just t hnt to comment. I'm
23 MS. OANZER: No. i won't accept that 23 somewhat In agreement with Mt, Gourdiea My sympothles
PLANNING AND ZONING MEM7NO MARCH 10, 1999
37.
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Page 193 Page I9s
I are with the neighborhood and apparently they didn't I rasher than actual market values, permitted values being
2 roceive the opportunity to visit with the dt v lw in 2 considerably less than market values, of $179 million. a
3 advance of this meeting, Sul with regard to what Mr. 3 $179 million divided by 474 is approximately $377,000.00
4 Bucolic has Said, somet me what makes perfect legal sense 4 per new student. The school district has continually
S doesn't always make good business sense. However, In S used a number that they need S250,000 00 pr new student
6 light of the fact that there was an event here that kind 6 to pay for those, for their education. So we had
7 of throws this situation into a kind of it sticky 7 development in 1998 that Is going to generate in excess
s situation, it kind of puts us in a real awkward 8 of 50 percent more than the minimum required that the
9 situation. And even though, like 1 said, I agree with 9 school district uses.
10 Ms. Gourdie, I'm going to be voting in favor of the 10 Another way to look at that is if we look at
I I motion. I I the permitted value of new SLngie•family homes compared
12 MR. LNGE1'11 ECH7: other comment on the I2 to the pdmitted valve of everything six, for every
13 motion? In that cast, all in favor of the motion please 13 S LOO of new single-family construction In 1998, we had
14 raise your right hand. Opposed? Motion carries five to 14 $2.50 of other stuff that was built. Seithat and
13 two. That moves us to Item 9, Director's Report or IS that school district analysis that continually focuses
16 Director's Report with Item 9, Ccwncil Action and then 16 only on the value of single-family homes In Order to
17 Future Agenda Items. Mr. Donaldson. 17 generate tax base figures is totally flawed. Whereas,
is MR DONALDSON: At its March 2nd meeting, 16 we live In a community, a city, not a subdivision, Ora do
19 the City Council had five public hearings resulting from 19 not have to have all of our tax base come from a
20 items passing through Planning and Zoning Commission, 20 single-family house in order to generate the tax base
21 The Council approved a detailed plan for PD•39, whet we 21 required to support tow students that come on-lire.
22 call the ForomaNWilliamsburg Square up at Stuart and 22 So if you take a step back and look of 1798,
23 Loop 288, Tbey added throe additional conditions; one 23 we're developing In a fairly balanced way and in a way
24 on masonry requircatent and front elevation, wcordly, a 24 that seems to be generating the tax base that's l
25 stmt tree requirement, and third, an additional garage 25 necessary to do the things that everybody wants to do.
Page 194 Page 116
I setback requircmrtit. 2 So we need to take a dap breath every time when we
2 Council also approved a delafled plan for 2 see them single-family subdivision coming through
3 Prr111 which we 3.now is the Oakmont 4 area down near 3 requesting new toning. We ck n't always sec all of the
4 Oakmont Country Club They approved a detailed plan for 4 other stuff coming through the system that already has
S the 14 lots in Windsor Ridge Estates They denied the 5 toning in play and doesn't nod to come through des
6 zoning request to go from AS to Coutral Retail along 6 process in order to pull a building permit. The's all
7 Highway 377 rear The Hills of Argyle. And theft they 7 1 have.
s conducted a public hearing on the toning for the Ryan I MR. ENGEL9REeHrr t did want to make a
9 tract, the 1 15-acre planned development north of Hickory 9 comment Mr. Reed had Indicated when we had the case on
10 Crock Road tear McNair Elementary, 1o Loop 288 that there was a Denton Development Centa
1 I And Ltien at Tab 10, you've got out ongoing i i across the street which was a part of Diso and I wanted
12 list of cese work. 1 think we've added a page over the 12 to make cleat, that is cwt a part of IASD and I think
13 last couple of wrecks. Requests keep coming In and we 13 that they would they just am la these children with t
14 keep xsponding to them And If I cixild just take about 14 busses. Other than that
15 two minutes to talk about some of the data that is Is MS. GA.NZEA: 110 was saying part of the DIED
16 coming out of the Building and Inspections Department 16 and Mr. Rood was saying the Nnton Development Center
17 from 1998. Over the less! ,%-Ar we've had loll of 17 and I think those two kind of mesh together,
t 8 discussion about impacts on the school district, is MA ENGELDVCHT It IS root a pad of DISD,
19 particularly whh regard to the tax base. 19 I wanted to make that clear before we got the phone r h, e
20 In 1996 we permitted a total of 1,065 20 calls. Commissioners. I apologize for taking to much of or
21 residential units, about half and half singte•fantily 2 t yew time on two of these cases this ev%ming. 1 think 1
23 versus muiti•famiiy. And If you use the multipliers 22 they were issues that we needed to consider for the
23 that the school district bas provided, those units would 2) long-run when we're developing something new or that
24 generate CA now students. At the same time we had 24 nsttn. And 1 thank you for your kindness with regard
25 total permitted valise, and that's using permit values 25 to those Issues.
PLANNING AND ZONING MEETING MARCH 10, 1999 .s
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ATTACHMENT 3
NOTICE OF PUBLIC HEARING
Z-99.014
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
March 10, 1999, to consider rezoning 19.33 acres located on the east side of Meadow Street, the south
side of Inman Street and just north of 1-35 East from a Conxnorcial (C) zoning district to a Multi-fatuity 1
(MF-1) zoning district (see map on backside). The p+operty Is legally described as Lot 1 and Lots 5-26
of the Inman Subdivision and Tract 311 out of the Alexander Hilt Survey (Abstract 623) in the City of
Denton, Denton County, Texas. The purpose of the zoning change is to develop a one hundred ano
ninety-two (192) student apartment complex,
The public hearing will start at 5:30 p.m. In the City Council Chambers of City Halt located at 215 E.
McKinney Sbeel, Denton. Texas. Because you own property within two hundred (2001 feet of 11,0
subJect properly, The Planning and Zoning Commission would like to hoer how you feel about this
zoning change request and invites you to offend the public hearing. Please. In order for yce r opinion to
be taken into account, return this form winh your comments prior to the date of the public hearing, (This
lo no way prohibits you from alfernding and partlclpafing 1n the public hearing.) You may fax it to Ihn
number teeated at the bottom, u,dil it to the address below, or drop It off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 76201
Attn: Wayne Reed, Planner I
The zoning process includes two public hearings designed to provide opportunities for atizen
involvement and eorvnent. Prior to the public hearings, landowners within two hundred (200) feet of
the subject property are notified of the zoning request by way of this notice. The first public hearing is
held before the planning and Zoning Commission. The Commi:elon Is informed of the percent of
responses in support and in opposition. Second, the zoning pawon is forwarded to the City Council for
final action providing the Commission recommends approval. Should the Commission recommend
denial, the petitioner may Sher, appeal the request to the Cily Council. If owners of more l an twenty l
(20) percent of the land area within two hundred (200) feet of the site submit written opposition, there six
out of seven votes or the Cily Cwxil are required b approve the zoning change. These fomrs are
used to calculate the percentoge of landowner opposition.
Please circle one:
In favor of request Neutral to request / O osad to request
Comments: Z' W,, Z4 Me? Q ff B n" ' /11 lJa, LlW tr &'k
krvC At /aV'.Z+hmaYl Wry-4 eje;zv S /zGr~ of;s,:D
o#) y-he Rc9w cs r, sAt Acts nay l~r,~~ss: or) ~o o< se,
S natu
rp~
l
P i tad re:e: 1e24 Zn e 3 Gt ~t I
Malting Add, ass; 42 it MAR 9 M4 City, State zip,
. r
TC10~it iOne f~umtler: -~J. ...i['~~ 9~~ '1. 1~~'~~'ij1~:. N l'~~1~i••~vfivi 4 T JAI
Physical Address of Froperty within 200 feet: i - W f r
CITY OF OENTON, TEXAS CITY HALL WU? • DENTON, TEXAS 16201 • 940 !49 6930 • (r)140.349 7707
z•vv vu c~,u v rw,r..• .e
39.
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NOTT-CE OF PUBLIC WEARING
Z-99-014
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
March 10. 1999, to consider rezeninq 19.33 acres located on the east side of Meadow Strsel, the saulh
side of Inman Street and just nonh of 1-35 East from a Commercial (C) zoning district io a Multi-family 1
j (MF•1) zoning district (see map on backside). The property Is legally described as dot 1 and lots 5.26 i
ar the lon-kin Subdivision and Tract 311 out of the Alexander Hill Survey (Abstract 623) in the City of
Denton, Donlon County, Texas. The purpose of the zoning change is to develop a one hundred and
ninety-two (192) student apvtment complex.
The public hearing wilt start at 5:30 p,m. In the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas. Because you own property wfthln Iwo hundred (200) feet of fhe
subject property, the Planning and Zoning Commissien would tike to hear how you feel Jof ~u: this
zoning change request and invites ym fo offend the public hearing, Please, In order for your opinion to
be taken into account, return this form with your comments prior to the date of the public hearing. (This
in no way prohibits you from attending and parfidpaSng in the pubic hearing.) You may fax it to the
number located at the Bottum, mall it to the address below, of drop ifeff In-person:
Planning and Dovelopment Department
22! N. Elm ST
Denton, Texas 76201
Attn: Wayne Reed, Planner i
The zoning process includes two public hearings detigned to provide opportunities for citizen
involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of
the Subject property are notified of the zoning request by way of this notice, The first public hearing Is
held before the Planning and Zoning Commission, The Commission Is informed of the percent of
responses In support ani In opposition, Second, the zoning petition is forwarded to the City Council tar
final action providing tt,e Commission recommends approval. Should the Commission recommend
dental, the petitioner may tiien appeal the request to the City Council. If owners of more than twenty
(20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six
out of seven votes of the City Council are required to approve tl e zoning change. These forois are
used to cafculate the porcenfagc of landowner opposition.
Please circle one: I
In favor =0ricesint1hately t Neutral to request Opposed to request
Comments: we faintlis. vith the property betel pro.%osas for resoainl.
Ile feel that the beat use toe the subldet property to as muttt-featly 1.
Signature:
~ I III !
P&Ilsd19amtr v ldlon nxvfe ss President. E1Q2kre l MAR 5 913
Mailing Address: AJJQ North Ce1tal ExpregKway, Suite 833
r r , r r
City, State lip: Dallas Tat"'_ _ 75206 I t. 111 i r cif
Telephone Number. 216/696-8 e0
/
Physical Address of Property within 200 feet 3$3 S. 1-351115 ( PIN
C11'YOPDENTON, TEXAS C1TrtAtuwF3T - DENTON,7ExA9 76201 W0140:'..', • 1F19A10.319.7ii07
27d At1 Lr~W rh'U:4 Tie
40.
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THE CITY OF DENTON
PLANNING AND DEVELOPMENT DEPARTMENT PLEASE SIGN-IM
NEIGNBORNOOD MEETING -Y-99-014
PLEASE PRINT YOUR NAME MAILING ADDRESS NUPHONE MB R ORGANIZATION SIGNATURE
(IF ANY)
a 1v Ir 8s- dos
6.►~ t~ l~orfrh 100 M1~ 4 X-396 A4-Ii 49 f?e ?rn4 Wit. A,.
r
2-00 Ord QW r Z-LO-7131
o i nlt ~D. O K. 8 :Few-/ P
1 2-0) 261 -4611 v
Loadod City t(stl Wnt n. A t f. t 10
ATTACHMENT 5
Z-99-014 (MEADOW ST/1-35E) PHOTOS
l ;
nlf4tl 1 r1 t
Photo 1. View looking west Wong the 1.35 E Photo 4, View looking east along the 1.35 E
frontage road at a rar dealership and U-haul frontage road at a self-storage business located
located on the corner at Meadow Street on the corner at Meadow Street,
4~ ~ r
'T_ rk A
d ter.,. • '
i"i w. f 1 I t~ YL` ij
Photo 3. View looking west down Meadow to 4. View looking oast back down Meadow
S1ree1, the subject property Is located on the Street with U-Haul and the subject property
right side of the road and U Haul is on the left bordering the street
side in the background.
1
N, 2y ,.r t1~" ~i
S X
~J Photo S. View looking east down Inman Street Ph.•IO S. V,aw looking weal from the Intersection
from the Meadow Street Intersection. The three of Inman Street and Meadow Street across the
homes are ad}acef t to the north aide of the railroad tracks at the future site of Home Depot
subject property,
43.
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ATTACHMENT 6
ORDINANCE NO.
i
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM
COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO
MULTI-FAMILY 1 (MF-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION
FOR 19 33 ACRES OF LAND LOCATED ON THE EAST SIDP. OF MEADOW STREET, THE
SOUTH SIDE OF INMAN STREET AND JUST NORTH OF 1.35 EAST; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; V41)
PROVIDING FOR AN EFFECTIVE DATE. (Z-99.014)
WHEREAS, Miguel Arce, on behalf of Barrow Heath, Inc., has applied for a change in
zoning for 19.33 acres of land from Commercial (C) zoning district classification and use
designation to Multi-family 1(MF•1) zoning district classification and use designation; and
WHEREAS, on March 10, 1999, the Planning and Zoning Commission recommended
approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change in zoning will be in compliance with the
1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management
Strategies and Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
i
Section 1. That the zoning district classification and use designation of the 19.33 acre
property described in the legal description attached hereto and incorporated herein as Exhibit A Is
changed from Commercial (C) zoning district classification and use designation to Multi-family I
(MF-1) zoning district classification and use designation under the comprehensive zoning ordinance
of the City of Denton, Texas.
Section II, That the City's official zoning map is amended to show the change In zoning
district classification.
$ectign 111. That any person violating any provision of this ordinance shall, upon conviction,
be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall
constitute a separate and distinct offense.
Section (y. That this ordinance shall become effective fourteen (14) days from the date of
its passage, and the City Secretary Is hereby directed to cause the caption of this ordinance to be
published twice in the Denton I:ecord Chronicle, a daily newspaper published to the City of 4enton,
Texas, within ten (10) days o the date of its passage.
44.
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PASSED AND APPROVED this the _ day of .1996. 4
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JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SKRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
v 1
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IS.
EXHIBIT A
Z-99-014
19.33 acres
BE 'No 0 Wool Of land ahuN.d In the A. Ha Survey, Abeb" No. elf. CIH of Dank^ Denton CevnAr. Two.,
se10 tray being W 1, If~ Subdivision per plat a roe reed M VoNms f2a Valli 460 011 the Deed Reeoroe
of Da nton County, To>ua: Lob 6 tau 26, Inman Subdlvlaknh per plat as recorded In Volume 534, pope 202 of
Bald Oeeo NOWNIS and a portion of a tract deeded to a George E. Inman W Wommly Dead remrded in
VOW"* 266. Pape 640 of the Dead Recoroo of Demers Ceunpy, Texas. Wald tract being move partldlaM
described by melts and bdhrrnds ea follows:
6EOINNINO at a found 114 Itch Won rod at a fence comer peat being the Nenheaat owner of Wald Inman Wed
taoonlad In Vcmme 2W pogo 646, doo being an of comet of o tract deeded 16 Donlan Land Joint VwtYn per
deed PROWdod in Volume M. Pape 000 of sold Dead ROcerdo:
THENCE South 03 dmpraoa 06 mNwa 02 seconds SYL slang a common Ono of sold kvmen blot and
Dsnton Land Joint Vorows aact being sr a meendoMg barbed vhMa forma Una, Al detsnea hot
343.36 feet to a found 112 Inca Iron role at Mi Intemoction co? add barbed wke Mos Will a ~ Ink
fence;
THENCE South 08 doar,reo 30 Mnutea 26 sevords Wast Wang a South one of sold When tdet alarg "Id
chain link fence "*&kV a found GA Inch bon rod Irdended b bo M Naetwet Hama Of
International PrOP IN6, Ine. it act par do recorded In CC Nr. 07-020062 Of SOW peed
Records at 221.46 feet and ofbet 0.33 foot Nor" of. eorkmMa, 1. jvlna said dafn IWt hnoo and
ti6A4 of as "d dwde so Onx"osL kw- merraarded In OC No. 90-MM of SOW D p R rids
for • total dheasn4M M 640.03 feet to a farad 60 Into iron rod:
THENCE South 01 doorsOO 24 mlaAea 64 seconds E4ut a d1elone6 of 244.00 190 10 a found 112 Itch Iran
rod being the mOH Southerly aoWhean center of said Wuhan bad and also b" tin Wertheact
Colmar 01 Lot 1, Steak 1, ACI Adol lon par prat t*a&dod M CaWnel L. Slide 244 of said pad
Afoordo, Rom ask! f0irld 117 Itch Men rod a found 114 Is A Iron rod bows Sd%M e4 depew 23
minutes 47 Dooovndo Eawt a d at'tm of 2.06 fact
THENCE North 90 oN 65 minul4e 2a aea nds WOOL a err South ana of beld tnman tact and the
North Me of Ward Let 1. Block 1. pee" a Rwld 712 IAA copped kan rod (Kam he) baltp
Inlondod to be the Nertwehd comer of R.O.W. dadlsllon (net AG Addition st 41l4-110ayfeet
Kathy Riney pr dead ffoewddedah CC No, 064la"ll4ofof~aaW Deal Woo Md40 belt the North
Una of an aaleling road (Meadow 6tneaq and he Notch one of *M Meadow SWee11 a7 d0dlwa-
P& Ldt 1, Block 1, OroeM,ouw Addition as recorded In cabinet a, S"s 310 of odd Oa,d Roardo.
passing a found 112 Inch Von rod being M Northwest Oovnw of R.O.W. deAa tan per sold
OraonhouY Addltien at 1210,04 feet and emdnulna for 81141,61141101- - Of 1263.00 feet to a let fin(
nee In aspheft
THENCE Nat 16 degree s 43 minuue 46 semrds ESOL Wong the foot one W Moodwas Street ha West
Me of Lot 14 of Sold Imme t SubdMolom he Well 6M of sold Lot 1, Iceman SubdMtd«,, a dfe4nea
of 663.01 fact 110 a set MS Itch yoltow copped Ion red (SHE) bO4 M Nortrooet 40mar of saw Lot
1, Inman Subdwwon;
THENCE North 00 4 - ae 20 mirl6ee 20 Yachts EM ofong the South R.O.W. one Of Wman Street (60 fool
R.O.W.) Per aaW Inman Subdlvialoo, a 51 U' le of 100.00 feet to a let SM Inch Yellow Copped Iran
rod (SHE INC) Mina tin IS16Ahoest Canner of Yb1 Lot 1 mid also WAS he Nottmveet o0fMrof Lot
2 of oMd Irma SheeMblan, from "M set 6,6 buh yeNar capped Von had CONE) a farad 1 Inch Ion
rod bears Nov h 00 degroo,6 33 mirmnea 31 seconds Wont a dblance of 5.30 IMt
THENCE Snuh 00 depreos 33 mlmdes St seeondo ewL Waving sold South R.A.W. Irhe and a" the
owr~ Oft of Amid Lob 1 MA 2. b Elaynee of 200.00 foot 10 a M IM bUh ter . 7w capped Van rod
(SHE INC) being ft common oomr of lob 1, 2.14 and 15 of "Id Inman ShAdfvYWrN
THENCE North 09 d0gro0a 20 mhuwo 211 Winds Boat along tin commian l1rN of LOW 2, S. 4, 16, 16 ON
17, a dislsnce of 224, 07 foot to A set 64 Yroh ye6o-a capped ft n red (SHS INC) beatp the aoff~
comer of Lob 4, S. 17 and 10 Of sold Inch SubdAM VoK THENCE Wwd 1Nn~Vo33 n rod~7.02 feat anu 1 Can~giq aW* "Id cdm~ kin The a total 6 - of
A 0.00 foot to a set era I nth Vero* upped Imn rte! (SHE INC) on 106 Sonrh R.O.W. E1e of add
If .man SoaW per 1414 (wrens Subd WIa1; . 4 r
rr
THENCE North 60 s 26 minufee 20 saeends EOOL No -,q sold Swath R.O.W. Mo. 1 dlolann of S74.00 h. ,
"a ~ a 101516 Inch yellow capped Von rod PH E IN.:) oelnp OW Nwrahna vt mrwt of Lot u, Inman 1 r
ltubd,vlsion and the and of eaW Inman 3aest
THENCE Nora, 00 degraeo 33 minor 31 soaonds Want, a dlutow of 26.00 feat N a set NS kWh yo%*
upped Iron red (OMB tNC) w the North And of sold Immen told Woo bldg the Sant hilt of Wad
Deraen Lad )erne Verava acct Ssm Yid lei 6A Inrh yeMw eaP l - Won fad a /owd 1Y2 Inds Von
rod Mrs Gosh 00 dOpraY 20 minutes 29 seconds Waal a distance d 04440 feat
THENCE North 00 douses rah minUWe 20 "condo San (Rafeewhow bo elhojt, o" the common (Ina of "Id,
Inman Wad and Donlon Land Joint Ver,hAa tract a d+tenee of 717.10 fool 10 IM POINT t>R
880INNINO ant bomtarhing 642,001 square Not or 1 SAIL base of tend.
~6.
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AGENDA ]INFORMATION SHEET Ibendak q-ol ~
"Um Jr I&
AGENDA DATEt April 20, 1999
DEPARTMENT: Planning Department
CM/DCM/ACM: Rick Svehla, 3497713
SUBJECT-'L-99.009: (Colorado Boulevard)
Held a public hearing and consider rezonimg 18,00 acres from a conditioned Commercia, (C(c])
zoning district to a Multi-family I (MF-1) zoning district rie subject property Is located on the
south side of Colorado Boulevard, approximately five hundred and filly (550) feet west of
Southern Hills Boulevard and also fronts 1.33 E, immediately east of the Pace's Crossing
apartment complex. The troposal is to construct a multi-family complex. The Planning and
Zoning Commission recommended approval (7.0).
11ACKGROUNb
The applicant, on behalf of )Pi Apartment Development Inc„ is -equesting a Multidamily 1
(MF-1) zoning district classification for this 18.0 acre property. The proposal Is to O:vclop s two
hundred and seventy-six (214) unit apartment complex to serve a growing student population In
this area. The immediate area is located In an urban center as defined by the 1988 Denton
Development Plan an,l the 1999 Growth Management Plan. It is on the fringe of existing
development to the west and undeveloped land to the north and east, The Denton Regional
Hospital is east of the stOJect property.
> The subject property is located in a conditioned Commercial (C(ej) zoning district created in
April of 1993 (see Attachment I - Enclosure 2),
i The proposed development is consistent with all of the policies of the 1988 Denton
Development Plan (DDP) as applicable and many of the 1998 Denton Plan (DP) Policies and
the 1999 Growth Management Strategies and Plan (see Attachment 1 - Comprehensive Plan
Analysis section).
Six (6) property owners were notified of the zoning request (see Attachment 1 - Enclosure
4). Two (2) responses have been received; one (1) is in favor and the other (1) is opposed
(see Attachment 3), The property in opposition is Pace's Crossing Apartments. It represents
greater than twenty (20) percent of the land area within two hundred (200) feel of the subject
property. As such, a super majority vote (6 out of 7) or better Is necessary in order for the
request to be approved by City Council. A Mr. Donaldson Silverman, a principle partner of r
Pace's Crossing Apartments, informed the Planning and Zoning Commission that he would "A
discuss this matter with his other partners to get them to remove their opposition. Staff has r 1 r
had no communications with hit, Silverman or pace's Crossing Apartments since the public
hearing. Therefore, the super majority rule does apply, unless documentation is provided r
between now and the public hearing before City Council,
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PRIOR ACTION/111EVIEW
The following is a chronology of Z-99.009, commonly known as Colorado Boulevard:
Application Date - February 4, 1999
DRC Date(s) - None.
P&Z Date - March 10, 1999
ESTIMATED PROJECT .11F.D . .
The gubjnt property Is not platted and would need to be platted prior to any development.
FISCAL INFORMATION
Development of this property will Increase the assessed value of the city, county, and school
district. It will require no short-term public improvements that are the responsibility of the city.
As a form of lnfill development, no extension of public lnfristructure Is Necessary to tervice this
site.
P&Z SIIGGFS'rED RECOMMENDATION
The Planning and Zoning Commission recommends approval (7.0) of this zoning request.
OPTIONS
1, Approve as submitted.
2. 1 Vprove with conditions.
3. Deny,
4. Postpone consideration.
5. Table item.
ATTACHMENTS
1, Planning and Zoning Commission Report, March 10, 1999, Z-99-009,
2. Planning and Zoning Commission minutes from March 10, 1999.
3. Property Owner Responses (1).
4. DratlOrdinance.
Respectfully I
Da ill (Lf ,
Director of Planning and Development
Prepared by,
I c
ayne R
Planner it
/.cn.0iri~i SigQ krpurf.dx 2
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ATTACHMENT 1 p
fpsnQs *
PLANNING AND ZONING COMMISSION REPO, "
STAFF REPORT
Subject; Colorado Boulevard Casa Number: Z-99-009
,M-. Wayne Reed, Planner II Agsnds Date: March 10, 1999
~s 1S
Hold a public i,earing and consider making a recommendation to the City Council concerning the
rezoning of 18.0 acres from a conditioned Commercial (C(c)) zoning district to a Multi-family 1 (M1:-1)
zoning district. 1 he intention Is to construct a student oriented multi-family complex.
SITE
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LOCATION MAP
Location; on the soap side of Colorado Boulevard, approximately five hundred and fifty (550) feet
west of Southern Hills Boulevard and also fronts 1.35 E, immediately east of the Pace's ( t
Crossing apartmEnl complex
Size: 18.0 Acres `
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QF~~ 1~r/~~`( I ~yF~i■~+'' 7 '.^d! 4. i ~o ai 71, a~ .fi~lL k ~F r-; y',., 4.
dir., -F.\ L'_-. M~Y.~f~ rcy`li rr. .M•,w.. ..dwii sv, ~t'~LkI ~ ,•~J
Appl' cent, Owner:
James Truitt 75039 Howard Patterson
JPi Apartment Development, L.P, EPIC Development, Inc.
600 E. Las Colinas 8aulovard, 01800 One Park Plaza
Irving,'rX Nashville, TN 37203
8U 4AR'Y0 P:Y !!N
The applicant, on behalf of JPI Apartment Development Inc., Is requesting a Multi-family 1 (MF•1)
zoning district classification for this 18.0 acre property. The pr)posal is to develop a two hundred and
seventy-six (276) unit apartment complex to serve a growing student population in this area (see
brochure labeled 2.99-009, which was placed In your notebook). In the enclosed brochure, the
applicant quotes two Dentoo Plan policies that are directed to sur•h development:
'Alternative types of housing that respond to differing economic and
Individual life-styles of Denton's citizens should be developed in efl areas of
the city to achieve balance and diversity. All people who work In Denton
should be able to live In Denton."
"The range of housing types evellrble for the specialized needs of the
eVerly, disabled, low income, students, single-person, or female-headed I
households should be ocknowfedged as a part of a strategy to diversity our
nc rghborhoods."
In pursuit of these two policies, the applicant Is requesting a rezoning of the subject eighteen (18)
acres. The Immediate area is located In so urban center, It Is on the fringe of existing development
to the west and undeveloped land to the north and east. The Denton Regional Hospital Is east of the
subject property (see Enclosure 1).
COMPREHEN$1VE PLAN NALY818 .
N 1988 Denton Development Plan Analysis
The 1988 Denton Development Plan (DDP) shows this area to be within a Major Activity Center,
These areas are the larger centers strategically located to encourage the concentration of
commercial, retail, office, light industrial and multi-family housing. They are Intended to serve as a
hub for economic activity and employment. Vehicular trip generation due to development within major
Activity Center Is not restricted. Staff We the proposed development to be consistent with both
the policies and trip Intensity standards of the 1988 DOP (see Enclosure 6).
1 098 Denton Plan Policies, Growth Management Plan and Strategies Analysis
The 1998 Denton Plan (DP) Growth Management Plan shows this property to be within an
OfficelMixed Use Area, These areas are strateglcally located in areas of the C,tyof Denton to cetal
urban centers. The area south of loop 288 and 1.35 E Is Intended to be a mixed-use center
containing medically related offices with a mix of supporting uses, such as limited retail and high-
ror) omi i'1 t'L.,,r rr,~',r n,x
4.
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density residential lousing. Staff finds the proposed development to be consistent with the `
adopted Growth Management Plan and Strategies as well as the 1998 DP Policies (see
EwJos/ulre 7).
.8t?ECIAL IM ' S+'I ~ ti` ; 7' 111
1, Transportation
A. Trip generation
The 1988 Denton Devolopment Plan does not limit trip intensity withln Major Activity Centers.
High-density housing typically generates 6.69 tripsldaylunit. The applicant has Indicated that
current plans are to build two hundred and seventy-six (276) units, which translates to 15.33 units
per acre. At that density, the potential trip generation is roughly 1,819 trips per day. Thls is on the
low end of high-density residential development.
In comparison, existing Commercial (L'(cj) zoning would allow for land uses with higher trip
generation. Typical commercial development generates somewhere around 850 tripslday/acre.
On an eighteen (18) acre tract, this would translate to 11,700 trips per day. Hypothetically, if the
property were developed at thirty (30) u,iits per acre or a total of 640 units, It could generate
somewhere around 3,65q trips per day. Thus, even on the high end of the density scale fr. multi-
family (30 unitslacre), the proposed development would place a smaller demand on existing
transportation Infrastructure than commercial businesses.
The applicant has submitted a Traffic Impact Analysis (TIA) study for review by the Transportation
and Engineering Department, The analysis of this report is not available at this time.
Transportation improvements will be based upon the impact of the development.
B. Access
This property would be allowed one driveway onto Colorado Boulevard and another onto the 1-35
East frontage road, subject to approval by the Texas Department of Transportation (TxDot),
because it Is a statelfederal road.
C. Road Capacity
Colorado Boulevard Is constructed as a lour (2) We divided road without parking and is
designated as a secondary maforarferlal by the 1998 Denton Mobility 51an (see Enclosure 6). As
i such, its designed traffic capacity allows for a tolerable traffic flow of up to 19,100 trips per day.
At present, the most recent traffic counts along this portion of Colorado Boulevard Indicate that
there Is more than adequate capacity to handle the additional trips that would be generated from
the proposed development. A traffic colgnt at the Intersection of Mayhill Road and 1-35 East
recorded 853 trips going south and 3,979 trips going north. This Is v;e11 under the canying capacity
for the street. However, the Intersection of Colorado Boulevard and Loop 288 Is experiencing
congestion. This Is being caused by traffic along Loop 288. Traffic wunts for Colorado Boulevard
at this intersection indicate only 9,325 trips going south and 7,438 trips going north. Again, this
Is far less than its designed carrying capacity,
1.35 Fast frontage road is designed to carry approximately 5,000 trips per day. There are no
traffic counts for this portion of the 1.35 East frontage road. There appears to be adequate
capacity to handle the calculated trips that could be generated by the proposed development.
i 491ui4 r.[Si,'f Arputib n.
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D. Pedestrian Linkages
Sidewalks along all public streets are requlred.
2. Utilities
This site has access to exlsting water and sanitary sewer lines (see Enclosure 3):
Water: Twelve (12) Inch water line along Colorado Boulevard.
Wastewater: Ten (10) Inch gravity sewer line flowing south on Colorado Boulevard.
Fire Hydrants: Fire hydrants are Installed along Colorado Boulevard at the minimum required
spacing. Public fire hydrants will be required on site In accordance with Chapter
34 of the Code of Ordinances.
3. Drelnage and Topography
New development will be required to design and construct a drainage system to city standards.
A preliminary drainage study will be required with the submission of a preliminary plat, The study
must Include calculations of the 100-year storm for all drainage areas on this property and any
area that drains towards this property. The developer must indicate the method by which the run-
off will be carried across the property or stored on the property.
4. Signs
As per the sign ordinance,
5. Off-Street Parking
New development must provide parking according to the regulations of Chapter 33 (35.301) of the
Code of Ordinances. The number of parking spaces required per dwelling unit for multi-family
development Is as follows:
One-bedroom: 1.60 parking space
Two-bedroom; 1.76 parking spaces
Three-bedroom: 2.00 parking spaces
8. Landecaptng
This property will have to comply with the new Landscape Code, which requires fifteen (15) trees
per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). Also, the
applicant has begun coordination with a total tree preservation group to relocate and transplant l
trees from this site in an effort to save as many trees as possible.
7. Open Space and Recreational Areas
r
This residential development will be required to participate In the development of public
recreational areas. Through the Park Dedicatlon Ordinance (i 8-039), this development will
contribute to park land dedlcation and park development fees. Deuication requirements are
required during the platting process. Park development fees are required prix to the Issuance of
building permits. The following is a breakdallrn of the two requlmments for this development with
j .M) (Kpi GI "I'll R'1$90. rhf
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the assumption that it is actually developed with 218 units:
Park Land Dedication ■ 1.242 park acres
Park Development Fees a 276 multi-family units x $187 oer unft = $51,812
This Is only a preliminary estimate. Actual park acres and park development fees will depend upon
the final number of apartment units. In any case, a fee In lieu of dedication will be required
because the calculation Is will be less than five (5) acres. It will be equal to the pre-development
value of 1.242 acres of the tract. The developer is required to pay the fees at time of release of
the final plat.
1
April 12, 1923 - The subject proporty was rezoned to a cond'rtloned Commercial (C(c)) zoning district
and land use classification (see Enclosui a 2).
January 115, 1985 - The subject property was rezoned to Planned Development 91 (PD 91) zoning
district with an approved concept plan. The district contained 243 acres and allowed offices (0) on
67,1 acres, commercial (C) on 95.7 acres, Ilght Industrial (LI) on 61,5 acres, and multi-family (MF-2)
zoning district and land use classification. Offices and commercial uses were permitted on the subject
property.
1965 and 1984 - The subject property was annexed and placed in an Agricultural (A) zoning district
and land use classifeation, both of which amended the zoning map for the City of Denton.
The subject property Is not platted and would need to be pi3ttid prior to any development.
~t, LAG ~i~ 1 V G F r ~ r f;: ` Y!ti s's."~ -`r r~. hri3:. e~ ~.•,ti,~•`C.~ a.-~ , ~ ~,~t' e
Notice of the zoning request was published In the Denton Record-Chronicle on February 28, 1999.
Six (6) legal notices were sent on February 27, 1999, by certified mall to notify praperty owners within
two hundred (20u) feet of the subject property (see Enclosure 4). In addition, fifteen (15) courtesy
notices were sent by frst class mall to notify business owners within five hundred (500) feet of the
subject property, As of this writing, there has been one response, which Indicates neutrality to the
request (see Enclosure 8).
No neighborhood meciing was hold. Staff did not encourage ore either as the property is within
an urban center ground which there are no existing residents (single-family neighborhoods).
Furthermore, the property owner of the adjoining Pace's Crossing apartment complex Is a pu ty In this
development venture,
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Trip Generation Analysts
Traffic generated by the proposed development will have an impact on the existing transportation
infrastructure. A comparison of the number of trips generated per acre by permitted land uses under
the proposed zoning district (Multi-Family 1) to permitted uses within the present zoning distrkt
(Commercial) Indicates that a multi-family project would place a smaller demand on transportation
infrastructure than a commercial development. This Is due to the fact that commercial property
typically generates 650 trips/day/acre (Vdlac)while mufti-family communities produce 200 Vdlac. As
an example, a comparison of vehirte trip generation rates are provided to quantify the impact of the
proposed apartment complex and a hypothetical specialty retail center' on the subject property (see
Table 1). This Is only intended to contrast the Impact of what could be developed on the subject f
property within either of the two zoning districts.
Trip generation figures for the two scenarios presented in Table 1 are based upon assumptions
specific to the subject property, First, the applicant has proposed a 276 unit apartment complex on
a total 18,0 acres (see brochure). Based upon the site's gross acreage, staff has calculated that a
316,000 square foot retail center could be located on this site, allowing for appropriate parking and
landscaping.
Table 1, Comparative Vehlcle Trip Oeneratlon
F Multi-Family Specialty Retail Center
Deve1 ment
ge 1 819 trl s 12 852 W s
. Peak Hour 130 trl s 2 024 tri s
Peak Hour 160 tri s 1 580 trl s
ge 1 976 tr1 s 13284 trips
1.075 trips 6,456 trips
' Calculations provided by the Institute of Transportation Engineers, 1091,
As Table 1 Indicates, a high-density housing development will have significantly lower trip generation
than a specialty retail center. On any given weekday, the hypothetical specialty retali center could
If generate 11,033 more trips than the proposed multi-family housing development (12,852 trips --1,819
trips). Likewise, there would be an additional 11,306 trips produced by businesses In the specialty
retail center than by the proposed 276 unit apartment community on Saturdays (13,284 trips -1,976
trips). The point being that regardless of whether a specialty retail shopping center, a mufti-screen
movie theater, dic:count retail store, or hardwara4umber store Is built on the subject property,
commercial land uses will generate more trips (650 t0ac) then multi-family development (200 tl&ac)
and will place a higher demand on local transportation Infrastructure,
Density
The maximum number of apartment units that can be constructed on a property located In a Multi- r,
Family 1 zoning district Is restricted by Section 35-01(e)(2) of the Code of Ordinances. This section r f J t r , r
' lbe lnstitate of Transportation Enpincers (ITE) deRnes specialty retail centers as small strip shopping c nters eontalning a
voric(y of retail shops, specialiting in quality apparel, hard Soc,4 services such as real estate offices, dance studios, or florists,
and small restaurants. A local example would be the Alherison's Shopplnp Ceder it 1.33 East and Lillian Miller.
r 1") ruN r,' $~d'r RrI.Jit. 1 x;
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defines unit density standards by way of establishing a minimum square footage per apartment unit.
An efficiency unit requires a minimum land area of one thousand (1,000) square feeL A one-bedroom
unit requires a minimum land area of one thousand two hundred (1,200) square feet. For each
additional bedroom, an additional three hundred (300) square feet of land is required; a two-bedroom
requires one thousand fiv a hundred (1,500) square feet and a three-bedroom requires one thousand
eight hundred (1,800) square feet, Therefore, the maximum number of apartment units that can be
constructed on a property, while observing area regulations concerning setbacks, parking, building
coverage, and landscaping, Is a factor of unit mix and number of stories.
A review of existing apartment complexes in town reveals a wide range of unit density (Table 2).
Twelve (12) apartment complexes were identified within current Multi-Family 1 (MF-1) zoning dist&ts
with a minimum of one hundred (100) units that have been developed under current zoning
regulations. Density varies from as low as 16.94 units/acre at the Arbors at Denton to as high as
40.47 units/acre at The Oaks Apartments, The average density of these multi-family complexes is
25.97 unitsfacre, The proposed development would be 15.33 units/acre.
Table 2. Ana Me of Existin Muht-Famlly Density, Denton, Texas.
Number Density
Apartment Complex Address of Units Acnaae unWao.
o
Apple Creek 1610 E. McKinns Street 308 11.410 26.99
Arbors at Denton 1103 Bernard Street 191 14.275 18,94
La Colina 1200 Dallas Drive 264 10.159 25.99 1
Oak Meadows 1810 Teasley Lane 160 6.000 26.67
Pace's Crossing 2411 1-35 East 360 13,100 27.48
Rams Cate 1407 Bernard Street 279 9.137 30.54
Residence 1801 Jason Drive 112 3.534 31.69
Sunburst Place 11 1030 Dallas Drive 300 11.054 27.14
The Oaks 425 Bernard Street 344 8,500 40.47
Westwind 1710 Sam Bass Boulevard 224 9.242 24.24
Woodhill 1408 Teasley Lane 352 19.643 18.01
PCM Addition' 264r 8.662 30.47
1 Avers
Proposed JPI Jefferson Commons A artments 278 18.000 15.33
'Currently under oonstrucl at.
It appears that density ranges from project to project. Current density restrictlons allow high-density
residential developments to vary by allowing flexibrdty necessary for each to react to existing financial,
physical and social conditions, while still demonstrating a consistency with the City of Demon's goals
and objectives. Though some projects are at the hlgh end of the density limitations, multi-family 4 A,
development within our community Is balanced on the whole, demonstrating that the system works t r
without applying additional density conditions, Furthermore, high-density residential housing appears
to create less stress on the local transportation Infrastructure than most other forms of development,
save single-family housing.
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Staff recommends approval of Z-99.009 for Multi-family 1 (MF-1) zoning district designation without
conditions. The request is consistent with the policies of both the 1988 DDP and the 1998 DP (see
Enclosures 6 and 7). The proposed development will provide for a compatible arrangement of land
uses consistent with the adopted Growth Management Plan and Strategies. Furthermore, it will
diversify permitted land uses within the OffresAfixed Use area along the 1.35 E corridor.
I move to recommend approval of Z-99-009 finding that:
1. 11 Is consistent with the 1988 Denton Development Plan;
2, It Is consistent with the 1998 Denton Plan Policies;
3. It is an intended land use within this O>flcWixed Use area as Identified and defined by the
adopted Growth Management Plan and Strategies;
4. It provides for a diverelfication and compatible arrangement of land uses;
5. It protects existing land values; and
6. It will provide safe and adequate traffic circulation.
111111111111 i 11 111111 111611
1. Recommend approval as submitted.
2. Recommend approval with conditions.
3. Recommend denial.
4. Postpone consideration,
5. Table item. W
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1, Vicinity Map.
2. Zoning Map.
3. Utility Map.
4. 200' Property Owner Notification Map.
6. Denton Mobility Plan Map.
e. 1988 Denton Development Plan (DDP) Policies.
7. 1998 Denton Plan (DP) Policies (2 pages).
8. Property Owner Responses (1).
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199 VY) P( Stall liYtxlt.dnr
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ENCLOSURE 1
1
NORTH
Z-99.009 COLORADO
SITE
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SITE
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4 VICINITY MAP
Oatc March 10, 1999 11. Boi N"
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ENCLOSURE 2
4
NORTH
Z-99.009 COLORACO
i
SITE
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1
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SITE
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1
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4
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ZONING MAP
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DO#: MARCH ID, 1999 12. SokN"
ENCLOSURE 3
Z-99.009 (COLORADO BLVD.) NORTH
V
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/'-'r5 + r R b==.0
EXISTING UTILITIES MAP
4
Hydrants
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Water Una (W. L.)
• - Sower Un• (S. L.) Agenda Date: March 10, 1999 Scale: None
13.
G
" ENCLOSURE 4
NORTH
Z•99.009 (COLORADO BLVD.)
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$00 F00 BUFFER
+i FOOT BUFFER
,SE
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F 200.500 FOOT NOTICE MAP
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acala: gone
Agenda Date: March 10. 1939
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ENCLOSURE 5
Z•99.009 (COLORADO BLVD.) NORTH
SITE
of i:r•
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DENTON MOBILITY PLAN MAP
i
Agenda Date: March 10. 1909 Beale: None
15.
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saw easessa* ENCLOSURF, 6
4
1988 Denton Development Plan Analysis
The 1988 Denton Development Plan (DDP) shows this area to be within a Major Activity Center,
These areas ere the largest centers strategically located to encourage the concentrrtlon of ,
commercial, retail, office, light Industrial and multi-family housing. They are Intended to serve as a
hub for economic activity and employment. Vehicular trip gener@tion due to development within major
ActMty Center Is not restricted. Slsff finds the proposed development to be consistent with troth
the policies and trip Intensity standards of the 1088 DDP
Thhe table below provides a summary of the 1988 Denton Devoiopment Plan policies applicable to this
project:
Denton Development Plan
Policy Analysis Summary
Major Activity Center
Development Rating vs. Policy
POLICY COMMENTS t tnconelt Gands6mht
Intent. These areas are the Largest
centers strateyoh Ioaw to enmursoe
the eYft*aborl of tonvnerdal ,
nehlt
amts, lot Yhdustrtal and rkh' emny x
r,a,dr g
iMwlty Mnderd. TMro Is no asst to
the number of hips to be generated by X
deaewoprnents in Meta A&^ Wars.
Public Fodlltla. Mequah public
lnhestrudure, such as roads and udt$4
should be raUbla to support these
antes. x
Land Use blwrstty. lard use dly"ty,
Induding hlgh-dendty houswng, should be
encouraged, but new low-dendty hou*io x
#*Ad be duowaged.
otehbefiProtectloo. Lowdandty the /IcW~tty i aaeedo y %Wd be p~roxde . M+kr
Traft to and ham the antes should x
avold use of bow Nodentbl sbeets
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2.94-009 P2 Swart "Lda
26,
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ENCLOSURE 7 ass:
1998 Denton Plan Policies Analysis
The 1998 Denton Plan (DP) Growth Management Plan shows this property to be within an
OfficelMlxed Use Area. Staff finds the proposed development to be consistent with the policies
of the 1998 OP.
I The table below provides a summary of the 1998 Denton Plan Policies applicable to this project:
Dalton Plan
Policy Analysis Summary
Development Rating vs. Policy
CATAGORY POLICY inconsistent eorsistent
Transportation. Compliments Dentoes Long-Range r&wghfare Plan. x
Prortes Access Management Prxtm 4' x
operators; Opurniza nq service Providers and
other
*r
Promotes pubic transportation system, r x
ContritoM to the Denton Tre% network.
Stormwatar Oral moos. Roteds 100-year AoogJaln areas in aawdance with
Denton's watershed management plans.
Conforms to but vMvlslon regabo% x
CaribltoM to regional detenden ladlltles. "9(
Provides far natural rlparlan envlrorment along Iloodoatn.
Upgrades existing oLtstardard drainage systems as InPot
and redevelopment o".
Water and Develops and maintatns property and private
wastewater. Infrostnrcturv. x
Creates opportuntly for ov"eng water ad wastewater br
Imes to meet future development demands.
Pravldes review of Proposed water and wosltvie x
Inrrastructura to ensure public safety and health.
lkwwes kill Ynprovements over nea line MensbM. x
tlectrk. Pmv*s underground ekSt servke for new rcAdenbal
and nonresldentkl devekpmenL x
Solid Waster. Promotes erfklent &=se to an development for soNd
waste service delivery. 't x
Parts and Raaeation. Locates parks and recreation ladilties In amordana with
the Parks and Recreation Strategic Plan.
Enhances parks and re+e0on vlrortunitles for residents. x
Reserves lloodoaln fa parka and osen spooe to aid Irl
E
floodptain conservation tNorM
Allows combning of Darks with eft piNe fadlltles to 'Q
echleve cost NfedWe delivery of pubic servkes.
Residentlal development should deduce laid or fed In
geu t f land for ne+ghbnrhood parks x e l l
Envtronmentat Quality. RomM preservation of nature iesarats. x f r ti
Integ'atd ernlronmental protedW with eoanomie
growth and tonvmxtlt/ developrnenb
299 009 P2 Sia7 Rel+ort.doc 17.
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1998 Denton Plan Policies Analysis (continued)
Denton Plan
Policy Analysis Summary
Development Raring vs. Policy
CATA60RY POLICY varubhnt Appkab'a cor~
Ndghberhoode. ,soroa~ss nd conrnur9ty Wiles far x
Encourages a ndduxe of land um that bvwk radduft x
Protein and is to erdating naghborhoo&
=4= destrian frank wlWn pex
we-vtoft raduce vehkula tripe. 06LWhoud t* appeal to Meting
x
Housing. emnark and m h W to
Ohm a varlaly of iin*4ff* tot alas bulldog sink
and pace ranges.
Roma cum ho44 kdudng affadable housing.
t dw-.4 infd houdnp mn*udm
Eoot"Ic LonWWA to a strong and &VOW bat leoranry by
DhrorNNason k>waxrg vroWmi aM vprdng the tar ban. x
Oowrnment Enrages K ngmmrrwW eoWhaton to prodds
co>delh "Pik"Moet
tkban DeNp 6 Addreaes com uty appearance In a oomprNNruhre
mermen.
Dive mft i rd>ttedural appem a of bunt envkonmert x
Nelghbataod M1 development *,%M be oompabble J
Wth erbling land inn and bAlnpr, 1
Protect and prearva Denton's ndetaturet, m4wal and
Mstakat resources.
Enhuaes the ppeantm Nora maiof entranceways. x r
Pronatea td preaervaw of to of and I rq, x
O~IIe Imrolwman6 ProNdd an opoorU ty b pAit conlat d rtrp (lk
pl"ng pmce
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Z,"-ow P2 Start NN0.6oe 18 .
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ENCLOSURE 8
NOTICE OF PUBLIC HEARING
Z-99.009
The Planning and Zoning Commission of the City of Denton will hold n public hearing on Wednesday,
March 110, 1999, to consider rezoning 18.0 acres located on tha south side of Colorado Boulevard,
approximately five hundred and fifty (550) feet west of Southern Rills Boulevard and on the north side
of 1-35 E, immediately east of the Pace's Grossing apartment complex, from a conditioned Commercial
(C[c]) zoning district to a Multi-family 1 (MICA) zoning district (see map on backside), the property is
legally described as a portion of Tract 4 out of the D. Lambert Survey (Abstract 784) ehd a portion of
Tract 3 out of the J. White SurJey (Abstract 1433) In the City of Denton, Denton County, Texas. The
purpose of the zoning change Is to construct a muiti•farnily complex.
The public hearing will start at 5:30 p.m. In the City Council Chambers of City Bail located at 215 E.
Mcltinney Street, Denton, Texas. Because you own property within two hundred (200) fee( of the
subject property, the Planning and Zonlnq Commission would like to hear how you feet ebout Mls
zoning change request and Inv'tes you to attend the public hearing. Please, In order for your opinion to
be taken Into account, return thl3 form with your comments prior to the date of the public hearing. (This
In no way prohibils you from stianding and pertkipatir.,7 In the public hearing.) You may fax it to the
numi,er located at the bottom, mail it to the address below, or drop it off In-person:
Planning and Development Department
221 N. Elm ST
Denton, Texei 70201
Attn: Wayne Feed, Planner I
The zoning process includes two public hearings designed to provide opportunities for citizen
Involvement and comment. Prior to the publto hearings, landowners w'lhin two hundred (200) feet of
the subject property are notified of the zoning request by way of this notice. The first public hearing Is
hold before the Planning and Zoning Commission. The Commission Is Informtd of the percent of
responses In support and In opposition. Second, the zoning petition is forwarded rA the City Ccuncll for
final action providing the Commission recommends approval. Should the Commission recommend
denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty
(20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six
out of seven votes of the City Council are required to approve the zoning change. These forms are
used to calculate the percentage of landowner opposition.
Please chele ono:
In favor of reques ,SJeu site eq~r~st/ des rest,
Comments: • ~~'~+~.r✓r t~ ,Oi~(.'b~l✓.s6'!~
Signature v Cl Q
Printed Name: t
Mailing Address: .224.Z IAA 41999 J r
City, state Zip: ~acr r /.4, c:
Telephone Number: g 9/~ P V 1 T t l,-\
Physical Addrass of Property within 200 feel
CITY OF DENTON, TEXAS CITY HALL WEST neNTON. TEXAS 78201.040.340.9350 • (F) 040.349,7707
290A09 trflxr Noo'a euc 19
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ATTACHMENT 2
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Planning and Zoning Commission Minutes
March 10, 1999
Page 2 of 3
Item pulled by applicant.
'Discussion of this Kim Is Included In a Court Reporter's transcript attached to this set of minutes.
(Page 1)
6. Hold a public hearing and consider making a recommendation to the City Council concerning
the rezoning of 49.628 acres from an Agricultural (A) zoning district to a Single-family 7 (SF-7)
zoning district. The properly Is kocated on the southeast comer of Silver Dome Road and Farris
Road Intersection, The proposal Is to develop a single-family subdivision. (2-99-008, Cox
Property, Wayne Reed)
Motion by Bob Powell and seconded by Salty Rishel to postpone until March 24, 1999. Public
hearing will rcmaIn open,
'Discussion of this hem Is Included In a Court Reporter's transcript attached to this set of minutes.
(Page 8)
Motion carries 62 with Elizabeth Gourdle and Carol Ann Ganzervoting in opposition
6. Hold a public hearing and consider making a rcoommsndstlon to the City Council concerning
the rezoning of 18.0 acres from a conditioned Commercial (C(c)) zoning district to a Muhl-family
1 (MF•1) zoning district. The property is located on the south side of Colorado Boulevard,
approximately five hundred and fifty (650) feet west of Southern Hills Boulevard and also fronts
1.35E, Immediately east of the Pace's Crossing apartment complex. The proposal Is to
construct a multl-family complax. (Z-99-009, Colorado Boulevard, Wayne Reed)'
Motion by Susan Apple and seconded by Carol Ann Ganzer and Salty Rishel to reoommend I
approval to City Council.
'Discussion of this item is Included In a Court Reporters transcript cub rd to this set of minutes.
(Page 63)
Motion carries 7.0.
7. Hold a public hearing and consider making a recommendation to the CityCoundl concerning
the rezoning of 3E 67 acres from a Single-family 10 (SF•10) zoning district to a General Retail
(GR) zoning distdd on 3.68 acres and a Single-family 7 (SF-7) zoning district on 32.99 acres
zoning district. The property Is located on the east side of Loop 288, the south side of Audra
lane and the v>cst side of Aiayhtll koad. The proposal Is to develop a retail node fronting Loop
288 and a single-family subdivision on the remainder of the properly. (1.99-011, Loop 288 and
Audra Lane, Wayne Reed)
Motion by Bob Powell and seconded by Susan Apple to recommend dental to City Council.
'Discussion of this Hem Is Included In a Court Reporter's transcrpt attached to this set of minutes.
(Page 98)
Motion carries 8.1. with Elizabeth Gourdle votlOQ_LppooeitigL
8, Hoid a public hearing and consider making a rer*mmendetion to the City Council concerning
the rezoning of 19.33 acres from a Commercial (C) zoning di! ii- o to a Multl-famlly 1 (MF•1)
oning district. The property Is located on the east side of M.adow Street, the south side of
Inman Street and Is just north of 1.35 East. The proposal is to develop a one hundred and
nlnety-two (193) studoai epartment complex, (2.99.414, Meadows $0365, Wayne Reed)
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Page 33 ~Qe 51
I SIN. ENGELDRECHT: wood evening, ladies and I And it is consistent with our strategies
2 gentlemen. We arc reconvened with the Planning and 7 with the ()rowth management Plan or 1998. Staff's y
3 Zoning Commission. At this time, we will continue our 3 analysis of this site and of the request with In
4 public hearings with Agenda ltcmNumber 6, Web is to 4 comparison to existing zoning demonstrates that both on
s bold a public hearing and consider making a 5 the level or traffic Impact as WCH as the potential
6 recommendation to City Council conceroing the zoning of 6 development on this property, this use would be less
7 l8 acres from conditioned commercial to Multi-Family I. 7 Intense on the r Elie infrastructure than would a
e The property Is located on the south side of Colorado 8 commercial business developed on it. And I won't go
9 Boulevard approximately $30 feet west of Southern Hills 9 into that. I'll simply demtmstrate also that that is
10 Boulevard and also affronts 1.35E. This proposal is to to one additional response to the public notice and this is
I I construct a muld•family complex. I 1 & response from Pace's Crosaltug And this particular
12 At this time I'll open the public hearing 12 response t think needs to be discussed, but not by
13 Me. Reed will give us the staff report, please. 13 myself, but a representative for Pace's Crouing and
14 MI REED'. The subject property containing 14 actually Is a prinelpal partner of first Denton, LTD,
15 approximately IS acres Is located on the north side or is which owns that property. He will speak to the affect
16 1.35E just north or the now under construction Denton 16 of this response, The response In opposidon; however,
17 Regional Ilospital located here at the MoyhilVColorado 17 Don Silverman, who 1 have just referred to will Indicate
I I Intersection. Subject property Is just south of the 18 that they're actually not In opposition. I think be can
19 Golden Triangle Mall and the shopping center located on 19 betterexplain this contradiction than myself. I'll
20 the south side of the Imp, As you've said In the 20 pass this around.
21 announcement, this is In a conditioned commercial zoning 21 The public notice went out to In addition
12 distrlcL The subject property is undeveloped as Is the 22 to first Denton. LTD, went out to nve other property
13 surrounding property to the east, north, and south on 23 ownem out of those :ix property owrera, as of today,
24 the north side of the freeway. This condition zoning 24 there have been two responses which you arc lOrlog at
25 conditioned commercial toning district was created In 2s one. And the other one which we received at -before
Page 54 Page $6
1 1993 It replaced a Planned Development for that area t the time of the staff report completion, we received one
2 which allowed a mix of uses. 2 which was neutral to the request As 1 indicated in the
3 lbe subject property in particular had 3 staff report, this area does Tint contain single-family
4 commercial and office permitted uses. And this property 4 neighborhoods and It was let a Development Review
s was annexed at two different periods. Along the S Committee mating at which Don Silverman had attended
6 frmway, it was annexed In 1963 and the remainder going 6 that staff was made swan that Peso's Crouing was party
7 up u Colorado was annexed in 1984. The particular site 7 to this development and having no existing residents on
I has access onto the or frontage along the Interstate and 8 the property around it, we didn't encourage a staff
9 Colorado. As the utility map demonstrates, existing 9 meeting
16 utilities arc available to this site. 10 So I'll simply summarize by saying start
11 The request is for single ce student housing 1 I recommends approval for the Mulit•Family t toning
12 and the applicant her quoted two Denton Planned Policies 12 district deslynatlon without conditions. The request is
13 under our 1lotulng Policies and these policies support i3 consistent with the policies of the 1988 Denton
14 their request. Moreover, the 1988 Anton Development 14 Dewelopn nt Plan, 1998 Denton Plan. The proposed
IS Plan Identifies this area as a major act activity is development will provide for a compatible arrangement
16 center. They arc centers which are to Include its or land uses ctmsistcnt with the adopted growth
17 commecisl retail office, light Industrial and 17 management plan and strst4c. Furthermore, It will
to multHarr3ly housing Singte-family housing Is to be l8 diversify permitted land uses within the Woe mixed
19 discouraged in this area. So It Is consistent with rwr 19 use area along I.IS. I'd be happy to answer any
10 '86 plan. It Is also consistent with our 1998 Denton 20 questions.
21 Planned Policies, our Growth Management Plan, which 21 MR. ENOEtIRECVM eom rdtsioters, say
22 Identifies this era as an office mixed use area, which 22 questions at this time for Mr. Recd?
23 should contain medically-rebted orrim with a mix of 23 Ms. oovim* Actually it might be for Mr,
24 supporting uses such is muli•famlly housing and limped 24 Salmon. When the new transitions happen ten Interstate
1S retail. 2S 35, everyone will have to exit is It Stale School
PLANNINO AND ZONING MPRMO MARCH 101 1999
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i Road? And that will be their prtrrsary way U accessing I did not have to offer detailed Information as to the a
2 this from Interstate 35? That Is the way they're having a type of market that they're going towards or will be
3 to do it now, but we're also going to have everyone 3 leaning to.
4 else's traffic; I$ that correct? s sta. POWELL: I understand. I'm not trying
S MIt SALMON: The proposed site Is right here 5 to make mountains out of molehills. 1 W+mt to make sure
6 where I'm pointing. Actually, if you're conning from the 6 1 understood what I'm voting on, Thank you, air.
7 south, once the ramps are reversed, you will be able to 7 MR ENGELUECItT: As a follow on to that
s exit just before you get Southern Hills Boulevard to get It question, l had Asked Mr. Donaldson if be would give me
9 to the site off of 435. From what I understand they 9 an Indication of how many units per acre could be placed
10 are gatne to have an entrance on Colorado and an 10 on this particulsr property if It was zoned MP.1 and 1
I l entrance on 1.35 service road. 11 would ask him to limply just summarize that material.
13 Ms. GovitDis, And being that all traffic 17 Ma DONAL": All right, MP-1 toner
I S will be using Loop 288 and Lillian Miller will be 17 district allows a density that's a function of the
14 exiting at that same Intersection, Is 6 st going to 14 number of bedrooms per unit; It varies. But, typically,
13 cause difficulty to have an entrance off of that IS We have projects that are one-bedroom oriented In the
16 frontage road? 16 work and then on an order of 3S units Per Kra. If you
17 MR sALMON: No, not really because In Ii start mixing two bedrooms with one bedroom, you can get
I s conjunction with the ramp reversal, also we recommended Is 30 units 10 the acre. If you go all two bedrooms, maybe
19 making the service road three lanes Instead of two lanes 19 2 S. And as you Increase the number of tedrooma per
10 so there's added capacity. 20 unit, you decrease the density. ?lets particular
aI MR. ENGELDRECtt'rr Other questions? Yes, Mr. 21 proposal Is 272 units on 16 acres or 15,3.
22 Powell 22 MR. REED: 716 Units It IS, 1) density,
23 MR. POWELL: Mr. Reed, If I reed this 23 MR. DONAt.OSOY: but the straight toning
21 correctly and I'm not too sure I do, this is straight 21 allows for much more dart that.
25 toning and is not tied to this particular project, 23 MR REEDr And staff, of course, in the
Page 58 Page 60
1 correct? I report kind of gave you examples of existing apartment
2 MR. REED: I'm sorry, l don't understand the 2 dwellings that have been developed under straight
3 last part. 3 mult4family zoning. And it appear that our regulation
a MR. POWELL! Once It's zoned IMF-1, it may or 4 is flexible enough to allow each one to develop within
S may not be used for the project r''at we're looking at S those regulations but With the room needed to develop r
6 here tonight that we're talking about, d that site or each site considering several factors that
7 MR. REED: To the best of my understanding 7 developers have to consider, The average is only 25
s it will be, s units an acre for the ones that are presented in the
9 MR.1'OWELL: I know that. But I'm talking 9 staff report and all of those apartment complexes have
to about we're passing coning here, we're not passing ° to greater than 100 units in them.
I I we're passing a stralght MFzoning. If h wero to sell II MR, ENOELBRECHT: Are them other questions?
12 after it's passed for some other use, some other MFd 12 Mr. R,ishel.
1) use, that would be fine. 13 MR. RIsHEL' My question is for Mr. Salmon
11 MR. REED: That Is correct Single-family 1s also In that area where we're coming off the freeway
is is allowed within a multifamily, zoning distr3cL I s dMm, is that, in fact, when the freeway Is reworked,
16 MR, POW'ELL: All I WAS saying It that this 16 will that be one-way, three lanes lust going one-way?
17 is student hovoing, as 1 understand it, 17 M t. SALMON: That's comet.
is MR. BLED: That is the way it's been I8 M C RISHEL: Okay. r
19 rep; .sented by the applicant, 19 MR. ENOELBRECHT: Mr, Salmon, while you're '
f;
20 MR, POWELL: I understand and I'm not saying 20 there, do We have a potential current timetable for No
21 anybody is misrepresenting anything, All I'm saying Is 21 ramp reversal?
22 we're not passing student housing tonight, I'm just 22 MR. SALMON: We really don't have a currant
23 making sun 1 understand, we're passing Multi-Family 1 23 timetable, 1 understand that there are some initiatives
21 which doesn't necessarily have to be student housing. 24 to speed up the funding for this particular project but
25 MR. REPm That is want 'the applicant 23 1 think 1 can safely say It's probably a minimum of a
PLANNING N ZONING MERTIN0 MARCH 10, 1999
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Page 61 Page 63
I two to five-year timermrnc even at this point. I very helpful in guiding us through this process up to
2 MA. ENOELBREM. Okay. ?hank you. 2 this point. As he stated, this is an 18-acre request on ~
3 C. rtmimloners, other ga-stions for start? Mr. Reed, the 3 the south side of Colorado Boulevard near Southern
4 backup material indicated, some of which um pmvldcd by 4 Hills. It has a very small frontage on Interstate 33.
S the staff and others provided by the petitioner 5 Most or the frontage will be on Colorado and that's
6 indicated that this was to be used as student housing. 6 really the main front door of the complex. We're asking
7 The diagram showed two, three, and four-bedroom units 7 for rezoning from Conditioned Commercial to Muld-Family
8 with multiple bath, basically one bath ror every 8 1 to do a 276-unit student housing complex and this is
9 bedroom, which would suggest that we would have more 9 about 15.3 units per sere which, for any property of
10 adults per unit than and, therefore, mare drivers per 10 this type, is very low dendty
I I unit than we normally see in a standard apartment I I 1 want to mally emphasim that this will be
12 complex, I noticed that the off-street parking 12 student-oriented housing It has a much different
I S requirements were simply those that coma straight out or 13 configuration than conventional multi-family. I've done
14 our Code of Ordinances and 1 wonder Is that really 14 a lot or work for ni on zoning cases on thetr regular
IS sufficient given what would appear to be a much larger 15 multi-family product and this Is a completely different
16 number of potential drivers? 1 noticed in the backup 16 intmal, what you've seen in the handouts that you've
17 that it was indicating somewhere In the range of 270 17 gotten. It's a mixture of one, two, throe, and
18 units with close to 700 or 'IOC-plus beds which, again, 18 four-bedroom units. Conventional multi-family, I know
19 would suggest a lot more driven. 19 that they typically do maybe five percent three bodroorns
20 MA. tteED staff feels the parking 20 and I've never man tour bedrooms before. 71at's brand
21 requirements in our Code sm a mintmum for mull-f ndly 21 new to me, too, So, to no, this would be a very
21 development to abide by Each one an provide more than 22 difficult sell to a regular tenant mix as opposed to a
23 the minimum and, in fact, many do. In this case and, 23 student-type orientation, With this market 1 think It's
24 again, l will kt the applicant addre r this In more 24 unlikely that, say, older people from my age on up, or
2S detail, the applicant has indicated in their prior 25 whatever. would took at It or also families with
Page 62 Page 64
1 development% in other cities that they have, In fxt, I children, for that matter, as well. Consequently, in
2 provided far in axcesl of the parking standards by the 2 our view there would be no impact on the public schools
3 municipality because it's In kit best Interest to 3 to the extent that that's an Issue.
4 provide the number or puking that they know is most 4 1 listened really Intently to your previous
S reasonable for their market. S case and I want to say that Mr. Reed was helpful in
It MA. ENOELBAECHT: 'Thank you, Any other 6 discwiing with us whether theta were any nearby
7 questions for staffs Thank you, Mr, Reed. In that 7 neighborhoods. We, In fact, raised the topic with him.
8 case, is the petitioner or petitioner's representative 8 Wo asked him if there were any neighborhoods that we i
9 present? If you would please give us your t.sn a and 9 should go mat with or neighborhood leader individwls•
10 business address for the record. 10 As be pointed oul, the closest single-family is on the
I1 MA. VI%41s : Thank your, Mr. Chkir and I i other die of the freeway past the retail. So If
12 Comrnisslonem. My name 6 Jonathan Vinson, 1445 Ross 12 anything, that's so far away that 1 don't think tMre's
I I Avemu In Daltas. I'm here representlnp 1PI, the 13 any Impact at all, We would have beets happy to meet
14 appliatnt. 1 also have with me here tonight Richard 14 with them. It was recommended to us that it really
IS Fun and Addam Ocntner from )PI. Addam's going to IS would not be necessary In this case.
16 follow me and address dome more spectre questions. 16 There is one opposition letter that you
17 Also our englneers are Kimley I lom• We have Chris o received and Mr. Silverman Is going to address that for
18 Frysinger, Scott Wright, and Mike Lloyd from Kindey 11 you I'm just going to sum up and turn It over to
19 Horn. They've done our engtnxring studies, our traffic 19 Addam. As Mr. Reed elated, this application Is 4
20 study, other things of that nature, of a technlal 20 consistent with both yew 188 and your '98 plan In every
21 nature and they're available. They're not planning to 21 category that was applicable. It's consistent with your
22 speak, but they're available to answer questions if you 22 Growth Management Plan and Stategib and we believe it's
13 have questions on those spr.lfic topics. 21 a compatible land use for this area. It's a lsloned is
24 1 also went to thr.rk Wayne Reed of your 14 a mixed use area with a mlxtare of retail, office, and
15 staff )[e'a realty done 4 terrine job and has been 15 things like that. We think the traffic circulatloo is
PLANNING AND ZONING MEETING MARCH 1011999
23.
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t both safe and adequate, as the staff agrees with us on I that we're running under your City Code requires us to
. 4
1 that I would be happy to answer any questions at this 2 have just over 500 spaces. I think 530 was what It was
1 point or if you have any questions for any of us after 3 Our project will have approximately just under 900 i
4 we get through with our presentation. I'm going to tam 4 bedrooms and we plan to park u close to a one-to-one
5 it over to Addam Oentner now from )PL He's going to s ratio on the bedro:m bast% a we can. Gontmily, our
I talk in greater detail about this type of product and a properties are anywhere from 95 percent to 100 ptrcent
7 its student orientation and then also about out site Ind 7 parking one-to-one, to that's what we'll be shooting for
8 out site plea for this Brea. I here. Right now, we're very close to that, 1 think w,
9 MR. ENt3ELBRECHT: Commissioners, anyone any 9 have like 890 spaces and there's like 900 beds. The
to questions at this time or would you like to wait until 10 history on bat, we've developed probably 15 of these
I1 we hear the complete presentation? Okay. Thank you, I I across the nation and to we have a lot of cumulative
12 sir. If you would, give us your name and business a data Ind actual hard market proof on what we reed And
i 3 address for the record. I 1 we always do need to park a close As we can to
14 MR. OENTNE.R: Addun Gentner, JPJ. The 14 one-to-one, especially In Denton which does have a lot
15 address is 600 East Los Colinas, Suite 958, Dallas, 13 of mnmuters and there's not a weltestablished mass
16 Texas. Thank you for your time tonight. 1'd like to 16 transit; i.e., like a bus system that would take can of
17 start out, as far as the project goes, it Is a t7 the kids.
to multi family project. It is a studcntoriented design, II Ma mmisxEc"T: t would like to just ask
19 constructed, and managed to cater to and marketed 19 you to repeal that. You mentlooed 530 spaces and then
20 towards the student population. O;viously, University 20 you said 900 beds, The plan called for 272 units.
21 of North Texas and also Texas Woman's University, the 21 MX G"ER: Under the current project that
22 reason we'd like to do the project here is the 12 we have set up, it's 276 units and the way your parking
2) university, as you know, is experiencing strong growth 2) ordinance Is set up you have, like, I think, one for a
24 as well Is Denton u a whole, 24 one-bedroom and 12$ for a two-bedroom and, like, two
25 Just a brief market on that is the 25 for everythlrj above that. By those standards under our
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1 universities, we forecast it l) grow by almost 2,000 1 current mix, we would be required by City Code to have
2 students over each year ow;r the rest five years. I like $30 spaces. We arc planning on providing obviously
3 Obviously, we need places for those students to live. 3 much greater than that, as close to a auto-one on a
4 The project Is, again, sr( up for the students and u 4 bed basis rat Is, so closer to 900 spaces Is what we
5 you discussed, it is generally made up of three and four s plan.
6 bedrooms. We'll ofrcr ones, twos, threes and fours and 6 MR ENOELBRECHT: Okay. So you plan on 900
7 the emphasis will b: on the three And four-bedroom 7 bedrooms In that 276 units and, therefore, you're going
a floorplans. Ocnerahy, most of our properties arc 30 to 1 to shoot for 900 spaces.
9 60 percent three and fort bedrooms. They're also fully 9 MR oENTNER. At close a we can get.
\ to furnished and leased oa an individual basis by the bed; 10 Me. ENOELaRECHT; I understand. Okay. Yes,
1 i I I.e., if throe residcris come in, they each sign a lease I I other questions? DIr. Rish:t
12 so that way if one doesn't pay their rent, it doesn't 11 MI. PJSHEU J appreciated your eonuttent
0 affect the other two. So It's very student friendly and 1) about efftcthve public transportation In our community
14 student oriented. J4 and we are waking on that. I'm a little curious, how
is As you've already heard, it's very is many other properties do you have um nd the country
16 consistent with the Denton Plan. As fu as the 16 and it's more of a curiosity thing that Is situated four
17 frontage, again, we've minimlzed the frontage on 1.35. 17 and a half, I'm Just guessing the distance, miles from
II The remainder of the tract is commercial-orlented type II what the campus would be? r
19 of stuff. Really with Wayne's presentation and 19 kik.&MNER: It depends on different '
20 Jonathan's stuff,] think it's an easy decision to agree 20 markets. Some markets where obviously, we want to
21 on approval for rezoning and really )usl address any 21 get the closest land site we can to the cvnpus that's
22 specific comments or questions you have for u2. 22 de-mlopable, Some Mwkeu, we're a mile, some, we're
I) 1 forgot about the parking, 1 wanted to U rive, We did one In Austin where we're almost five
24 a'7dress the puking since you had brought that up. The 14 miles away from the campus.
21 cunent mix Is we have 276 and the current unit mix 25 11R. MHEU )ust parking for the campus is
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I five riles away, so I understand that. I Hospital Center and they am In favor of this. And In
2 MR. ENOELIIRF.CHT: Yee MI. Gourdre. 2 retrospwc our main resident base is going to be North R
3 MS. 00l101E: If you can explain for me l 3 Tcxas and the Texts Woman's University mklcnts, But
4 know when 1 went to AFC, one or there just went up, 1 4 dace also Is the availability to Interne and residents
s don't know if it was at the game time or not, but it was 5 working that in the Columbia Medical Center, as well.
6 very interesting, the whole philosophy behind It, So 6 tees INGELBR Crr well,1411111114 that any
7 you don't get to pick your roommates, it's just rented 7 four people who wanted to con he In and wanted to rent one
I or how does that work? 1 of your facilities, you don't qualify them by wbetha
9 MR. GEN INER: No, ca. 110. It's alrn W to a 9 they in employed or a student?
10 dorm atmosphere but lt'a rally - It's off-campus and 10 MA OLS- Nm No, not at all
I I It's apaMhent"style. It has Ionia slmilaritta to that It Ma. 74afL15RLCMr: could you glve me an
12 but you come in and we do do some roommate :Hatching; I2 Indic ton or more specifically Se rumba, by number of
I3 1 e., we have three people that come In and they want to 13 units; law many one bedrooms, bow many two bedrooms, bow
14 like in a fourbedroom and they want to be matched up 14 many duet end bow many four I mean, closes
1 S with a roommate and we Nye mother single person, %c 15 Ma oeNTNm i think I bad 18 one bedrooms
16 will match up. And, generally, a lot of our residents 16 and I think it was 54 two bedrooms; and (ben I think t
17 come in in groups or four to sign up for a four-bedroom 17 bad 48 Luce bedrooms; and then 1 had around 100
18 or two for a two-bedroom or d n i for it Orce-bedroom, I I four"bedroom, "bath: and than we also offs feu
19 Ms. OO,JR01& Okay. So even though y'all 19 bedrooms, four-bath; and I can't remember what dot
20 did the traffic Impact study, 900 can Is not going 20 number is 48 four•bedroom, fourbath. And that's dhe
21 create any kind of problem, being that all our other 21 current mix, rut's not set In eu se but It's going to
22 :raffle Impact studies have said 1F. average trip for a 22 be something very, very eimllar to dAt
23 person is ten trips per day. 11v.t's 9,000 trips or 23 MIL VMELeRecwr: Now, these arc thro"tory
24 something like that. 1 mean, it's just something 24 urdu? 1
25 ridiculous when you think of students, they're always 2s MROrtr+rm Thr's arty units, h's kind
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1 even more than that. So I'm just klnd of wondering if I of hard to describe, It's three-story units. Most of
2 that was taken Into consideration. 2 our buildings are twctve•unlt buildings. We do have
3 MR. GENTNER: That was all in the traffic 3 some that sm a little bit larger but most of them am
4 and I don't know the details. KimiLy Horn, again, is 4 twelve-unit buildings. We have a large centrally
s Fare and could probably get into depth on that and also 3 located clubhouse where the leasing activity takes place
6 Wayne Reed In respect to the traffic study and the 6 and then also we have amenities In there, such as a
7 findings were found that 7 computer lab that's set up for the students and then via
1 Ms. GOURM& I just wanted to make sure 8 have a gameroom and theft on axerc!se facility them,
19 because the numbers were diffetat than whal %,e were 9 Then we'll hive a pool area and then we'll also have
10 calculating. Thank you. 10 sand volleyball and we have basketball co^ as well,
I I MR. ENOELBRECHT: Other questions? Yes, Mr, I I MR. ENGCLaRECHTr 1 note from your backup
12 Moreno. 12 material that you Indicated you had a number of these
13 MR. MoRENo. ti'ou didn't happen to bring any 13 around the country. Can you give me some Mallon or
14 pictures of some of the other sites that you've 14 hew old is the oldest complex that you have? What sort
is developed, have you, did you? Is or age Would we be talking about?
16 MR, GENTNER: t have like pictures or is MR. O6A'mNER: we started developing these in
17 buildings and the amenities and properties, that type of 17 194.
1s stuff, if you'd like to review, Actual site plans? I8 MIL EHGELBRECHT Okay. So we don't have a
i 19 NIS. GOUROM We've got this little Sting 19 gnat dal of history with these? 4
20 they gee" U1. 20 MIL OMJER: The off-tantpus student housing f j r`~ t
21 MR. MORENO. My apologies. 1 haven't done is concept was basically derived In the late Sot by a
22 my homework, 22 company out of the southeast very Ilmltu to the
23 MR. OENTNER: if you need any additional, 23 product that we're developing today, there's about I
24 we'd be happy to provide those for you. Another side- 24 ten-year history and It has proven to be just immensely
23 rote also is that we approached the new Colttmbla n popular,
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I MR ENGELCREM: Well, 1'it tell you this 1 little bit higher frequency of burglaries in
2 because we have an area in the City eallcd the Owlaley 2 multl•famity units that are along the freeway there . la
3 Addition, which for ten actually about 20 years was 3 tbe,t anything in particular that you're going to look
4 very popular and very good and now we have a real 4 to security-wise for your particular units that will
S prob!em, so 1 have a real concern about a short Weapon 5 help curb this and help our police department out?
6 for I think is a City we need to be very concerned 6 MR. oeNn+ER. 'this will x a gated community
7 with a product like this in terns of the long run. What 7 when residents will have cards that access the gates to
6 can we expect in 20 Years or 25 yeah when we have a s open the gates to get onto the property. As far as
9 complex that old and we Nye units Lhm have four 9 security floes, we also offer courtesy officers which are
10 bedrooms and four baths and four bedrooms and VA,) baths? 10 MAIM people that are on the property, that patrol the
I I That's not the typical family market and as the student I I property, handle our own Internal problems like noise
12 disappears for whatever reason, what are we, as a City, 12 complaints, that typo of stuff, and are them on-call 24
13 to expect to happen to that product? 13 hours a day. And they an reference call the police,
14 MR oerNER: i think you have to look back 14 if needed.
is and base It on what started Denton. The university was 13 Also in the units, they're monitored darn s.
16 probably one of the fist things to be developed along 16 Basically there's an audible alarm that comes with the
I7 with Texas Woman's So 1 mean it's it strong, stable 17 apartment, Really with the gated and the courtesy
Is source of residents and, f mean, you're going to is oriloers and the alarms in the units ° I mean, it's a
19 continue to grow the university. As you've noticed, 19 college property, there's jc'.i4 to be some problems. We
20 they're building lots of new buildings. Just completing 20 all know that students are a bit rambunctious but,
21 them arm campus. They're - Obviously, they're going b 21 gain, thal'a what we're in the business for. we've
22 the student population is always going to be a part 31 been doing It six yew and we IN to think we pally
23 of Denton, It makes Denton what Denton Is. 23 know students and how to manage them successfully.
24 MR MIELBRECHT: The student POpuINlon 24 M0. ENOELBAECHTr other questions? Yee. Ms.
15 will always be there but whether or not they der are to 25 Apple.
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1 have this sort of living arrangement Is what I'm I Ms. APPLE: lust, I guess, a Positive
2 questioning. From a City's perspective, what can we 2 comment 1 thought it was a pretty exciting concept and
3 expect that to gravitate to in the event that the s I can sot how, as technology takes ova, ha•r the
4 student market gravitates away? And I'm assuming d.at 4 computer labs could be probably pretty beAwAclal to the
3 you-all don't really have a good sense of that yet givtn 5 properties. Do your other properties kAve the same type
6 the short history of these. They look great but we've a of configuration, the computer labs?
7 got to look at 25 Tsars, as well as five. 7 MA GenNER, Yeah, they do. In add:tton to
g MR. OLNTNER: There's a ten-year history and s the computer lab that we setup down In the clubhou;:,
9 to be honest, it's a bit speculative. 1 mean, it's 9 depending on the protect size, you know they'll be
10 obviously going to be some type of residential use and to larger or smaller, obviously, but, you know, there's
1 t It could be converted Into normal. Is it the normal, I t anywhere from five to ten computers that are set up with
12 typical thing that families usually rent now in t2 Internet access, a color printer there and fax machlme
11 conventional multi-famlly? No, but maybe that's what 13 and copier for them to use. And to additloa to that, in
14 they'll transition into in 20 yeah, maybe fancily du 14 the units we also wire all of our student properties
is will Increase and larger numbers will want larger 15 with specific wiring so they can have modem titles, and
I6 floorplans. id It depends on different markets, high-speed Inteme!
I? MR. RtsHEL, Question. 17 access within the unit In each bedroom.
Is MR. ENOELBRECHT: Yes, Mr. Rlshel. Ia Ms. A FUr so they would even be able to
19 MR RISl1EL: One of the difficultieR we've 19 actually netwexk with the uttlverslty's system,
20 seen with particularly resldcntial and multi-family 20 MR ovmE14 They'll have their own phone
21 developments along the freeway and particularly what 21 line and they'll have a computer tine capability,
22 seems to be :lose to the mall, is there also tends to be 21 anyway, in the unit.
21 kind of an easy-on, easy-off crime mentality because of 2s m& APPLE: okay. Tanks.
24 the proximity of being able to get back on the freeway 24 MR EN43ELDRECHT1 Have you talked to our
2s and move out of town rather rapidly, So w"'ve bad a 2s Engineering Depattrtcent about this whole idea of
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1 reversing a ramp reversal that they've been talking I money. My question is do you have a problem with us
2 about? 2 putting a condition in here that In the event that tlai
3 MIL CENWER: Yea. 3 is returned to a Single-'.rlly traditional parking unit
4 MR. ENCELeRECHT: ok,y. 1 wonder If this It 4 that they have to conform to the City standards?
S approved if we might ask you-all to put your S 'thereby, we have a mechanism through that zoning that's
6 considerable resources behind the discussion at the 6 in place that allows us to go out there and say, hey,
7 Department of Transportation level to see what wr can du 7 you can't have 900 - an area that large that's
8 to speed this process along. A non-pervious when you don't need it, you know? And 1
9 If, in fact, you have 000 veNcles cwndns 9 need to se.t it wiped out.
10 and going out of that facility, they're going to have to 10 MA Germ a. I understand your concem, but
I1 either cross In Ali likelihood, &I%" the market that 1 t 1 think that would be a problem that you would address
12 you're talking about, they're going to have to cross 12 at the time that they came into whatever they were going
13 through Colorado Boulevard at Loop 288, which Is already 13 to redevelop on that. 1 mean, I think It would be
14 a pretty bad intersection of the access mad at loop 288 14 unfair to place that kind of restriction on the project
15 which is also s pretty difficult Intersection 13 in'ts current sate basuse it's A bit speculative on
A traffic-wise and I think everybody that we can get 16 actually wbat would be redeveloped there. And if it was
17 behind that ramp reversal, the better position we're in, 17 ever changed in use then, obviously, somebody would come
I I And It seems to me it senes you we it to reverse these 18 and go back through your City process with the changes
19 ramps. 19 and recommendations.
20 MA OEMEX we'd be hap iy to support that. 20 Ma. F.NOELBRECHT: 011, no. They wouldn't
21 1 mean, Txt)OT Is a big giant and it's hard to make them 21 have to. The toning Is In place, All they have to do
22 move 11 is convect and that's my concern Is that and I'm not
231 MR ENGELBRECHT: Exactly. From some of the 23 talking this nxy be IS years but we have to live Hlth
24 names I saw in your backup materiel. It would appear to r4 that, you know, on down th . Ad. Yes, Me. danger.
13 me that we might have some 4"Istartro there. In regard 23 Ml.OAN2ER: t have 300 units, I have 490
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I to this Issue of parking spaces, In Ions term, the life 1 parking places, l could use twice that many and I don't
2 of this product, I can't tell you how concerted I am. 1 2 have a student property. Does that kind of answer your
3 have, foe 13 years, every time I turn around I hear 3 question? Cm serious. There Is not an apartment
4 about and I have to deal is, ith directly, one way or 4 complex In this town that does not have a parldng
S Another, through the school where my children went, a S problem.
6 number of reasons, I have to work with what we know as 6 Ma. ENOELEaECHT: well, then that would
7 the Owlsley Addition that I mentioned before, which was 7 suggest that we don't have rtA pukins standards
1 student housing in its day and a wonderful thing and It 8 M3.OA.NUC That's right. 1 remember when
9 worked for awhile and tma it didn't wn(lk snymore. And 9 1 brought that up in the first place. I don't think
19 1 have some concerns about all of that for this down the to that that would be a problem because you still arc going
I I line Arse or those immediately bring 900 parking it to have two or three adults in an Apartment. And I have
I ] spans, 12 several sputirri that have one adult that have two or
13 In the event this u converted at some later t I three cut. They will have a pickup and a car, and f
14 date because students live somewhere else or do 14 don't think that's going to be a problem dawn the line
13 something else or i4v have distance learning And they Is MIL GENTNER, And most cities in somewhat
16 don't need to come to Dcnton anymore, and wv w ant to 16 - sometimes dumb rounded when wee tome In and we presmi
17 convert And you went to convert this or the owner, 17 our program and wa show how many parking spaces,
18 whoever it is, wants to convert 14 then we have a if MR. ENGEJKECHT: It makes a vat deal
19 facility that has a tremendous Amount of puking spaces 19 MR. wiwER: With the student development k, . r
20 that are not needed, 20 it's obviously needed.
21 MR. OF.NiNFR: Actually, it makes It more 21 Ms, OAma& in has this other property,
21 flexible because, I mean, the parking lot is easily torn 22 't'he Arbon, ova Owe and you remember when they ante
23 up 2) In and needed to Add a&lionai parking way Above what
24 MR. ENGELBRECHT: It is easily torn up but 24 we required.
13 not neoessuily desirous to do that because that Coss: 13 MIL ENOELBRECHT: Oh, Absolutely. I think
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I It's veryImportant. All right, You had mentlonod ^ 1 liked just to know what was going on. 7lercfore, it's
1 or actually rust off, In some discussion with staff 2 going to be my job to communicate to t)-cm exactly what
3 bchlnd the scenes and I can't remnnber whether they Wand ) kind of proja I let to planning here and 1 will do that,
4 me you or another petitioner has traditionally W ked to 4 endeavor to eo that betwom now and Council. I will say
s the local mass transit and trier to work in a mass 3 that I have peen involved in a mudu-family community in
6 system. 6 Dallas fur over tAn years and if I had a choice or who
7 MR. GENTNER: If there's a wroll-estoblished 1 I'd want to develop my mull-NnIly, it would be JPI.
8 Iike the university bus system, we always enter 8 71tcy do a teniftejob.
9 negotiation with them to try to get them to service our 9 m • just a couple of other quick comments. It's
10 properties, of course. And then also city transit, we I o our objective to do limited-La retail for the balance
I 1 usually try, if wt can Be them to service the site, we I l of the site. 'there's 11 and a half acres remaInlnS.
12 do. To be honest, our students usually don't utilize 12 What we'll do to probably the type or retail
13 the city system. I) hopefully some hotel that is consistent with providing
14 MR. £NGELBREM-. The route Is too tong. 1 14 smmities and services both to the Pace's Crossing and
15 understand, 1 s tat multi-family, as well as the hospital community,
16 MR. GENIN'£R: Exactly right. It's not i6 both the office and the hospital Itself, and Wed
17 feasible for the City service to service our site. 17 other freeway type of things such as restaurants, to I
I8 MILENOELBRECH r: Right. Any other I I those who aren't already at the mall srd we'-, a spoken to
19 questions? Okay, thank you. 110 some and there Is still a number of other candidates.
20 MR. GEMNrR: Thank you. 20 Hoperully wa were helpful with the hospital
21 MR. EN(iELBRECHTi old you Nye anyone else, 2I In providing for the tight-of•way "cation for
22 petitioner that wanted Io speak? 11 Southern )tills. We wtta involved with that In the
23 MR. GENTWER: I think Mr. Silverman 2) course or our acquisition or the property. we are
24 representing Pace's Crossing Is going to step up. 24 continuing to have convtrsatlom ss late as this I
23 MR. r.NOELBRECHT: okay. Is he speaking "a is afternoon with the City transportation staff. We also
Page 82 Page 84
I petitioner? 1 want to ask these who are going to speak I have on-going conversations with the hospital in terms
2 in favor, if you don't have anyone else. 2 or providing for potentially additional right-or•Ways 10
7 MR GENfNER: Okay. No, he's Just a ) that we con socelerate the process of widening the
4 conocrred party, 4 service roads on the 1 guess It's the northbound or
S MR. ENGELBRECHT: Well, come shead. Give us s Is It the westbound side or 337 It's one or those
6 your name and address for the record. 6 streets that confuses me all the time. 1 have another
7 MR. SILVERMAN, HL Donald Silverman, 8115 7 project that kind or goes nonh"st, and depending upon
1 Pralon Road In Dallas. I am the property owner, the 1 who you're talking to, on the south side or the esat
9 current property owner of the petitioner's property. 9 side, I never know.
to I'm also a principal partner of Pace's Crossing to Sc, we are very much Interested in Southern
I I Apartments, First Denton Limited. I apologize for the J i Frills being completed is soon as possible over to
12 letter in opposition, That's due to a lack of 11 Brinker, which as 1 asked stiff today the big question
13 cwnununication with my partners in Chicago. i acquired I ) is will it be Southern Hills or Brinker when It's done.
14 this property for my own this ) 1 acres from the 14 And then last but not least, hopefully doing
15 hospital for my own account and actually gave my is whatever we tan In terms of getting fight-uf-way end
16 partners at Pace's Crossing a number of opportunities to to pushing the Ctnmty Commisaloncrs to allocate funds so
17 be the developer hem. And they and, of coupe. In 11 that the off-ramp reversals can happen sooner than
I$ the conversation I had a number of months ago, they is cater, I've gal another project out In Roanoke in South r
19 baslcelly passod on the opportunity. 1 Justaisumed at 19 Donlon County and it turns out the! I guess the new 4
20 that point that that was sufficient for p upaxs of them 20 County Commissioner, W. Carter, Is the Commissioner s 1 f -
21 not being opposed to the project. it that oversees both of those locations, So I'm going to
22 1 teamed this afternoon that that wasn't 21 1o pay him a visit and lot: if we can't push the effort. J
23 the case and that they had some gocitions relative to 2) And one last question 1 hid and I won't
24 what was going on. Apparently the notice didn't provide 21 stye, I don't ntansge Pace's Crossing, I'm gars or the
is the kind of background information that they would have 1s Invests, quiet partner. 1 always d o of that them
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t was a tram service from the university to the apartment I in for people to speak in Support Mr. Vinson, you
3 complex. Iles: that not happened in a few ywtrs7 2 spoke as a petitioner. Mr, Ocntner, you spoke as a
3 Ms. ciAs7Ex There was a while ago. 3 petitioner. And Donald Silverman.
4 MIL siLvExMAN: There was, but it's not 4 in that case. Is there anyone who would like
S there anymore, Okay. Well, it's a good Idea anyway. S to speak in support or this particular petition? Anyone
6 Ms. oANzEi what they said is they haven't 6 to speak In favor of the petition? In that case, is
7 had enough need from the students asking for IL if 7 there anyone to speak In opposition to the petition?
I more students would ask for It, they probably would. I Anyone to speak in opposi110n to the Petition? Seeing
9 MR. SnVEKMAN: Any other questions for me? 9 no opposition, we'll waive the rebuttal. The public
10 MA ENOELBAECHTi There was a letter, the 10 hearing is closed. Mr. I .mod, any find staff remarks or
I I one that you submitted, was that the one that indicated 1 I comments?
12 there was some concern about the landscaping between you 12 Mx. REED Yes. I'd like to snake a comment
13 and the fi:iho 13 about eoneemed about berg-term tut of "a property.
14 MA StLVERMW I'll address that with my le 1 believe we could make it comparison to this property or
13 pcnners. Basicafiy what happened 11 1 talked to is this new type of muld-famlly housing with historic
16 Chicago this afternoon and I said, what's going on? And 16 structures. With bislorie preservation we refer to it
17 they said that they had reIlly didn't have time they 17 as adaptive use and be it a warehouse, a courtho.ue, or
I I gM around to responding to It. I think it was buried I I a rotsil building of the 1$009, in today's economy those
19 on somebody's desk for a week or two and somebody saw it 19 original uses no longer seem to work economically and we
20 at 2:00 o'clock th'a afternoon and Said, bey, we recd to 20 find an adaptive use for It, j
21 get a letter (,ut and they just made one up and rapped it 31 I'm not a social scientist to I'm not going
22 off, didn't tell anybody. I'm not sure the property 22 to speculate on how this one will develop, But I'm also
23 manages even told my partners but, needless to say, it's 2) a graduate of Texas A&M end not too tong ago either, l
24 here and it has to be addressed and I'll do that. 24 lived in my last apartment complex there, The Plantation
23 Well, their concerns were relatlye to they 23 Oaks, which was located closer to the mall, as We I
Page 86 Page 881
I didn't know what was doing, They wanted to nee if they I properly it, than it was to the university. It was
2 could extort tone trots along the property line and 2 heavily used by students and predominantly student
3 things or that 3 pooutatlon.
4 MR. wSHEI.: Sounds like us 4 And as a typical multidamity boucing
S MA SitvERMAN Yeah, they're taking S prof act, It actually, having been built in the 1970%,
6 lessons. 6 had been retrofitted to accommodate student housing. It
7 Mx. GAYZER: it looks like there's a good 7 had a computer room, width It originally did not have,
I trot line bctwnen the properties already there, isn't g and It elso had other amenities which they added to
9 there? 9 attract the student population beauw established in
10 MR. SIMItMAN: There's a few trees there. to 11176, Texas A&M is still around and as we all know, a
I I I know that im has gone out and tagged all the tress I 1 very powerful football team. And so 1 was ed to address
12 that we're going to try and save out there, There's 12 we can be concerned about what this how thi property
I3 some really nice once and, hopefully, we'll provide the 13 is going to devei" or be maintained over the yeah, but
14 opportunity to move sonic of the Smalicr once to other 14 I think all uses s' it with the market and society's
is locations In towel. 15 changes,
I6 MR. ENOEtBRECHT: That's part of the reason 16 And Wily, , ncems about transportation
17 1 was asking that. I was going to ay you already bane 17 here, regardless of 276 conventional muld-famdly units
l e a tree line and just by the fact that you have to save 11 or 900 bedrooms, this project will produce for I.- r
19 some of them, isn't that going to solve 19 traffic than a commercial business which would not be
4"
20 MR SILVERMAN: Actually, the funny pan is 20 before you Ion lot for developtnent but would be before
21 there's lots of places when there's eras on there, 21 the Development Kevi.w Committee for planing pwposes
22 along the property line Isn't one of them, though. 22 and would be on a Consent Agenda for plat approvA•
23 MA LNGELBRECHT: All right, Is there 33 And as Mr. Don Silverman pointod out
24 anyone else from the petitioner's group that would are 24 earlier, the remalning acre out of, I believe he said
25 to speak? Is that it? Okay. 1 had some cards fumed 23 31-acre parcel, will be developed At hotel, office,
PLANNING AND ZONING MEETING MARCH 10,1999
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l mixeJ uses. Those 13 acres will generate more traffic I MA MELBRECHT; rll ask for one In a
2 in al i likelihood than this student housing project 2 moment. I'm still I just want to ask Mr. Reed about '
3 wot,ld and 1 would like the Commission to consider that 3 No is sue. I Dankly Wok that this Is orA we have to
4 and reflect on it when you're debating this rezoning 4 tread uverully. Not that this doesn't appear to be k
3 request. Staff does recommend approval. S very good now, but I've thought this through foe the
6 MR. ENGELBRECHT: You recognize Mr. Reed 6 long term. Are' I'm concerned that we have no don't
7 that now if someone from ur comes in, I've got to give 7 appear to have any mechanlsms in plea to consider Its
6 them equal time. Are there questions for Mr. Recd? I 6 transition: when 160 or ISO or wherever of these units,
9 have some, Mr. Recd. Given your comments to the 9 four-b4oom, which is not very typical and doesn't
10 retrofit and reuse of properties, I will ask you this to appear to me will retrofo real well.
I l evening and put a charge to you, sly, to put your it MR. REEF. I think In our economy which is
12 considerable planning expertise from a fine school to 12 market-driven, we've men and as our economy or our
I S use In do Owlsley Addition, sir, where we had student 13 notion ss become more urbanind, we have seen new land
14 housing that is no longer student housing and needs 14 uscs within each decade. As the Federal highway Act was
15 direction. And given your content, I am cure you can I S impkmrntcd and highways were developed, we saw new land
16 come up with a plan that will help this City out greatly 16 usco pop up all over. And just north of this property,
17 In that area. 17 we're aware of the Golden Triangle Mall. Regional mails
is MR. REEa. And we're also aware eveo is were not a typical land use until the 1'• IN in which,
19 single-family ncighborlwods have a life expectancy. 19 across the nation, we started seeing mails appear. And
20 MR. FNGBLBRECHT; I think one of the Issues 20 what were they replacing? Our main streets. They're
21 for me is in this particular case, we don't know what 21 still around today and as long as the market is there
22 the life expectancy Is for this kind of a facility. 1 22 for them, I think there h a viable c,se for it.
23 mean, these the backup material that they show 1 21 MR ENGELBRECHT: Any ether questlons7 Ma
24 mean, their facilities are great. And it would appear 24 Gahm.
25 that their management stn'cture Is gnat and this seems 2f Ms, aAN2'ER I don't have any questions of
Page 90 Page 92
1 to work. But we don't have o Io idstory. We've got i Mr. Reed. I have a whole bunch of comments I want to
2 ten years or 22 or 15, at best, And at some point if it 2 make.
1 doesn't work for that, how do we retrofit that, how do 3 MR ENGELBALCHTi 00 ahead. You have the
4 they do it? And more importantly is how do wend a City 4 floor.
3 have some control over that? And if you might speak to S Ms, oonol. Thanks, Wayne. Let me address
6 that [saw, What can we 67 What tools do the will 6 what you were talking about Not as far u Owlsley
7 we have available today in the event that that was to be 7 Park. A lot of the propearto over at Owisley Park are
6 transitioned to somcr!dng else? 6 small Individual owner properties. There are a lot of
9 MR. REI7,o If it is a permitted use under 9 owners over there who an trying to renovate their
10 Multi-Family 1, we would have no other tools to require 10 properties now and do it lot of improvements to them, get
i I them to do any additional improvements than they wiil l l the rents up. That's one of tie thdngs that's going to
11 initially whorl they develup this property. Also, it can o help, Owisley Park is sere, There's not a whole lot
13 transition from a student-oriented or student-oriented I] that can be done about It. It's just apartment after
14 or lntem/resident, hospital Intertdresldent-oriented 14 apartment after apartmnt after apartment. I icmember
IS proj&t to a typical multifamily housing property IS when they were brand new and a lot of them were nlot
16 through the simple conveyance of the property And at 16 properties at that lime. But, like 1 sold, they're
7 the City start level and building Inspmlons, there 17 mostly small Individual owner properties and they're
I e would be no disamible dirrcrence. tr, of coupe, a is lower rents. r
19 new management company comes In and wants to retrofit, 19 Tie students live 40 some students want to '
20 of course, that would go through building Inspections 20 still live ever there because they an so close to the ' (f;• r
21 for thorn types of Improvements. But we would have no 21 school and they can walk to school. Most of the
22 tools beyond what we have originally here leAlAl to 22 students echo are going to be at my property or at Pace's
23 establish. 27 Crossing or at krferson Commons, are people who don't
24 MP AISHEt: W. Chairman, are you looking 24 want to live close to the school. 7bty want to have a
2S for a motion? 2S nice apartment but they don't want to be tint close to
PLANNING AND ZONING MEId'1'INO M"01 10,1999
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1 the school. They don't care about that They may go to 1 not going to want to come to this property because it Is
2 school In Denton, they may work in Lewisville, so this 3 a student-oriented property no this community should A
7 is going to be it very convenient location for them. l 3 not, in any way, put a strain on our school district.
4 don't think this is going to be a problem as far as down 4 This community is going to be paying taxes
5 the road like Owlslcy Park Is. 5 and nut taking a single thing away from our school
6 I'm very tamlllar %,:h Jefferson Properties 6 district So with that, I'll close and C It say I think
7 reputation having been in the busineu for 18 years now, 7 this Is just great
S They I've man a lot or properties that JPI has 8 MIL ENOELBRECHTr Mr. Powell.
9 around the metroplex• JPI has some of the prettiest, 9 t,,MIL PMELL, one comment that has ban
io best maintained communities in our entire ntctroplex. to mentioned here, but I'd like to mention it again, 1'd
I I They have an ex-ellent reputation I've /een properties 1l like to respectfully disagree with the rural speaker
t 2 in Los Cotinas that were older properties that JPI took 32 when he said it will have no effect on the school
13 over, renovated, made them look brand new, and they were 33 district. it will, sir. It will have a positive effect
14 20,15 year old proptrtles. 14 on our school district because it will provide a lot
15 When I saw about this, I've been saying for is more tax base and, hopefully, no more students In our
16 a couple of years that we do steed a few more apartments 16 school district. 'thank you, Mr. Chelrmart•
17 In town. I got excited about this property. My 0 Ma. APPLB: rd like to make a motion. I
is property does not cater to the students but we do need is move to recommend approval of Z•99.009 finding that it
19 some properties that do cater to the students because a 19 Is consistent with the 1988 Denton Development Plan,
70 lot of us larger properties arc trying to get away from 20 that it is consistent with the 1998 Denton Plan
2I catering to the students so, thercrorc, the students 21 Politics. it is an intended land use VATNn this
23 aren't having that many places to go, 22 offcoelmix use wa Ps identified and defined by the
I S We don't turn them sway but we don't ms!ly 23 adopted Growth Management PI in and Strategies. Further,
24 cater to them because we're catering more to families 2s it provides for a diversification and compatible
25 and prnfesslonalc I think that there Is it tut teed 25 arnem"t of land uses. It protects existing land
Page 94 Page 96
1 for this here in Denton with the students, As a matter I values and it will provide safe and adequate traffic
2 of fact, the Student Legal Advisory at the University of 2 circulation.
3 North Texas was in my Office J" a couple of weeks ago 3 Ms.007Ea: Second.
4 saying that we needed this exact thing, And then all of 4 MIL 1tISNEV second.
5 a sudden in two weeks, I hear about this and he's going s Mil WOELBRECHTt We have a tie for the
6 lobe so exclted wben he hears sboul this. t haves 6 owood• Did you catch that? Okay. Good. We have s
7 call In to him to tell him about It, 7 motion and second to approve, Any discussion on the
B Our occupancy in Denton is in the mid to 8 motion?
9 high 90s now and it Is a pretty light market We have a 9 Ms. APt1Z 3 just want to relterate that I
10 lot of other new proper es coming c n that sr n't going to think this is an ex ling concept and 1 think it will be
1I to necessarily be entering to Le students but they're 1 I very riceessful.
12 still quite it ways down the road on most of am. W, 12 MA ENOELBBENT: other commertts7
I S arc already pre•lessing for next fall. We'll be full by 13 MA iumu rd like to say that t
14 June as far as our leases. When these last-minute 14 appreciate also the fact that we're not going to be
15 students come In In July ano August, ;hey're not going 15 impacting schools rather than what appears to be in a
16 to have any plea to go except maybe over at OwWtey 16 positive way. I appreciate the fact that 1!wy have
17 Park because they're all wanting to come to nicer, newer I7 conslderod the additional burden on out police
IS propertles, is protection with better security than we typically have J
19 Durt me find my notes. I made so many of 19 in some of these arm, that they're going to work with '
20 the x, You•sll know that when we talk about apartments, 20 TxbM and our Commissioners to try to Improve our ace. n
21 that's where h get wordy. I do think the parking is 21 and I think that we, V Commissioners, an going to end , ~ ~ r
22 Solos to be good. I like seeing that, And as Jonathan 22 up wishing you as Uy successful project.
23 said, eaen though US is going to be entering to the 23 ML ENOELB1lECHTr Yes, Air. Moreno.
24 students, they can't discriminate against families. 74 ML MOMM: Jug a shut comment, Mr.
25 it's against the law. But families we more than likely as Chslmuto. I understand yow feelings about the Owlsley
PLANNINO AND ZONING MUTING MARCH 10,1999
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1 Puk Addition but, again at the same time, Santa Fe 1 town. The vici- map here shows a much closer view or E
2 Square chose to build right them in that area, so maybe 2 the property. The property does have frontage along I.
3 there's hope for that neighborhood just yet, 3 loop 288 which the applicant has propo ed to place a
4 MA ENGELSRECHT: 1 think there's some on 4 general retail zoning district on 3.68 acres. The
S of hope. 1 just want to say I will be voting in favor S remainder, approximately 32.99 acres, would be placed on
6 or the motion, but not without some eonoems. 1 think 6 the remaining portion which has frontage along Audra
7 this is a great manageattent outaL There's nothing in 7 lane and Mayhill Road. And ET1, being shown right here
e their record that suggests that they're anything but an I on the east side of Mayhill Road.
9 excellent firm. And certainly, this will provide, if 9 - .Tbe property at present is undeveloped. It
10 this is all student housing, it's going to be a it to does have dilapidated agricultural buildings on it and I
I I will help the school district from a tax base 1 I believe it's used for some grazing, but not heavy cattle
12 perspective. But I have this management company may 12 gazing. The property to the south Is developed for
13 not be in existence tomorrow, for all I know. I have 13 single-family at present. There are a handful of homes
14 concerns that we didn't con1tion this in terms of the 14 on large acres. To t1w r eth side between the property,
15 number of units for the future. This is just ME. 1. 15 subject property anO Audra Lane, there is another
16 Secondly, l have concerns that this facility 16 undeveloped piece of land. Across the street there Is '
17 will have 276 units and 900 parking spaces and if it 17 I don't know what you refer to it as but 1 believe
is were converted in the future, even at two per unit would is it's part of the wo and it's for
19 be 550, which is still 350 above that. I just think it 19 M1L MOUNQ Denton Development Center.
20 would be in our best interest as a City to look at 20 MPL REED: Dmton Development Center for the
21 conditioning it In a way to allow us to require them to 21 DIsD, thank you. Fxisting zoning in the area and
22 be removed if they weren't needed. But so be it 22 outside of what I just pointed out, everything along the
23 All in favor of the motion piam raise your 23 Loop up to the bridge which crosses ova McKinney Street
24 right hand. Motion carries unanimously. 24 or University excuse me is undeveloped, as well.
25 MR RISHEL: I'm also happy that they 25 However, the am has been rezoned from Agricultural to i
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I provided those 48 units with the four bedrooms with the I Non-Residential uses. Oa the east side of Loop 288 and
2 four bathrooms for the female population of our 2 north of the subject property, there is already a
3 community, 3 General Retail zoning district on the south side of
4 lt1R. ENGELSRECHT: Yes, we've been asked for 4 Audra Lane and on the north side of Audra Lane, On the
S a break. We're going to take ten minutes. S west side of Loop 298, south of Audra Lane, there Is a
6 (Break taken.) 6 Commercial zoning district and an Office zoning district
7 MR. ENOELBRHCHT: Okay, ladies and 7 though these properties are undeveloped at presenL And
R gentlemen, We're back in session. At this time, we I also there are Pins I won't even guess exactly what
9 will continue with our public hearings. ]tern Number 7 9 the uses are and 1 apologize for not having researched
10 on the Agenda which is to hold a public hearing and to them. L do believe that they're primarily residential
I l consider making a recommendation to the City Council I I but there Ore some non-residential on in them.
12 concerning the rezoning 36.67 acres from Single-Family 12 The existing property Is zoned SF-10 and 1
13 10 to a General Retail Zoning District on 3.69 acres end 13 would like to emphasize that. It was rezoned to that In
14 a Single-Family 7 Zoning District on 32.99 acres. The 14 1971 when it was all owned by Mr. Holland, who is it
15 property is located on the east side of Loop 288, the 15 property owner to the south hero. The applicant
16 south side of Audra Lane, and the west side of Mayhill 16 requests this to develop it primarily for 6e
17 Road. Tie proposal is to develop a retail node fronting 17 residential portion. His request rot General Retail was
1s Loop 286 and a single-family subdivision on the is b"d upon the feet of putting some buffer between the
19 remainder of the property. Mr. Recd, 19 residential area and the Loop.
20 MR. REED: The Planning Department is going 20 So I would I~' - to examine the request as l
21 to provide the staff report, sir, 21 two different parts, the general retail portion first.
22 SIR. ENOELBRFCHT: The public Itearint is 22 That request Is Inconsistent with our 1988 Denton
23 open. 23 Do'elopment Plan as it is in a low-intensity area and
24 MR. REED: Thank you, Chairman Engelbrecht. 24 there are existing nor-residential districts within one
2S The property here is located in the east portion of 23 half mile and the total acreage of those districts far
PLANNING AND ZONING MUTING MARCH 10. 1999
32.
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ATTACHMENT 3
NOTICE OI rubLIL, HEARING
Z-99-009
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
March 10, 1999, to consider rezoning 18.0 acres located on the south side of Colorado Boulevard,
approximately five hundred and fifty (550) feet west of Southern Hills Boulevard and on the north side
of 1-35 E, Immediately east of the Pace's Crossing apartment complex, from a conditioned Commercial
(C[c]) zoning district to a Muhl-family 1 (MF-1) zoning district (see map on backside). The property is
legally described as a portion of Tract 4 out of the 0. Lamber' Survey (Abstract 784) and a portion of
Tract 3 out of the J. White Survey (Abstract 1433) in the City of Donlon, Denton County, Texas. The
purpose of the zor rig r.F: a Is to construct a multi-family complex.
The public hearing will start at 5:240 p.m. In the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the
subject property, the Planning and Zoning Commission would like to hear how you feel about this
zoning change request and Invites you to attend the public hearing. Please, In order for your opinion to
betaken Into account, return this form with your comments prior to the date of the public hearin3 (This
In no way prohibits you from attending and participating In the public hearing.) You may fax it :o the
number located at the bottom, mail it to the address below, or drop It off in-person:
Planning and Development Department
221 N. Elm ST
Denton, Texas 78201
Attn: Wayne Reed, Planner I
The zoning process includes two public hearings designed to provide opporli!nities for citizen
involvement and comment. Prior to the public hearings, landowners within two hu Ared (200) feet of
the subject property are notified of the zoning request by way of this notice. The first public hearing is
held before the Planning and Zoning Commission. The Commission Is Informed of the percent of
responses In support and in opposition. Second, the zoning pet:' on Is forwarded to the City Council for
final action providing the Commission recommends approval. 'Should the Commission recommend
denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty
(20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six
out of seven votes of the City Council are required to approve the zoo ing change. These forms are
used to calculate the percentage of landowner opposition.
Please circle one:
ie~qV~§c ~ qos So r uesb/
In favor of re ues1
E ~fl~~~`✓A ~{ecul~ral 10
Comments:
.~ffc~C~~~ se ~i / -ms,~s~' L®7~•~a
Signature' 0
Printed Name:
Mailing Address: .2~77Jd Z` WAR 4 1999 ~ r
City, State Zip:
,KS (,i N} f l
Telephone Number: rl 0= > p!.k.i5 wl_
Physical Address of Property within 200 feet: ~ t CITY OF DENTON, TEXAS CITY HALL WEST • DENTON, TEXAS 76201.940.349.8350 • (F) 940.349.7707
rAa P79 Lcqu NOFICO We
33.
I HF.-10-1??? 151.48 C-faff' O C 11 F ESTI O R: 313 346 23°3 F.0_^
NOTICE OF PUBLIC HEARING
Z-104M
1h. wMlwI and lanky Ce"v*6W of 90 49p1 of DoMen MI hW a pbae hmimo on Waineeday
f o. 101, b eoMtder mmi t a 18,0 eons bcow on ft South dde d Cd"do Mrlwane.
rdtttete>r )Ee tWArad and MV ($,0) fast **at of SoulMm Sire deJaand and OR 9% n4r0, stde
s s;, st++w+adtatey east of do PmU Ce"ok* Spa knwd eonoK ftm a mW10ched Cewomedsl
eD ttonk
+o dtablet to a tHV%4& br f (MF•1) W*q dkfilot fees a" em b#dmJ&)• pW Pnpaty K
asrsy deeembed as a psAbrf Of TIM • out of the O. tart~er4 Survfy (ADaSeet i and a pertbn Of
rid 3 cut
d fM J, yYhma sury y yAbsinel to:~S) in the Cky d GensoR DsMOn Count', Teoate The
True of the zoNno ehanga b b c )Metntee a n AA-14" ly eeroo%
pubic heedno "M Start 41410 P.M. In Sher Oy CowW Chwnbwe ci OV Mal *MW at 216 E.
Street 06m^ Tenn. dsauss yc ° own pnpn►y wrlhh Mn h~rdYed (IOOj held 1Aa
p'ti"*' the ftft tg and Z& ft Cen,•.titaon W" A% (o her now "0 W maul flds
#~"%tY eherge "Mf end MIS yoe to afAsrtd 4f!e r".`4L "Oft. wage, In order ►or ePk►bn to
N taken fnso aaaouRl Sartori 1Mt form rAth your axrmux• nrbr b the daN of d+S plDZe (Th4
. IA for toeeteit tt~ l1d+n +Re+tdanD as d Mrtkrped'1Q Irt Me /+1lee [aaeSp.S Yeu enq lar to /l+e
butbtta won It so we a *"i bdesr. a drop h OR i&panon:
~ Sao Aewtop+rentOe}eRrnaM W. wit IT
DeMW Texas Vial
AW tlhVm fwd'bttner I
rtQ "Heuer baw" k" ppubk h"Mis datsned to omms OW&M UIP for ohlm
SwdremW,t and ea " m. f•tlor No t♦ta ruble f"44e, %ndowom wt *1 two bred mm Im of am "Wrkv karld of the temsnp wit' d * wale. TM ed >ttibik I--z L.
h • ='~o OeenNaei0n"m . The Oanrtlselon W Itfettnad "m palOarM el
uupp~~aarr~t %vad0on. So mw. the soft INSR b fonarded to to tKgr Canna IV
line aeaort PC dWq tfta Cam,Ialon atomm wo aWr at et,l the Ceatrtdedan nt
saoonsand
dettYsl, M pasMortaf Stray risen eppaaf tM raQUest b the Cry CotMdt Name el maN (loft twv*
00) DM'SM'S d the brtd arw w4h two butt" (2t q fat of"site eulrtit MINN oppolum *on WX
oat of aAan trotaa of the pt' Ceuecl om faquired to apprelle the zoning ehanp. fbaaa hme awe
IKfd de ea1e11tafa rN jeMemt~e e/la'JI/OM'wa/Ogpaf~Ow. .
Phase ewe.n.
In favor of nQuwt NeuSl to taSualm O~0aed b ngwst
Femmewse: Sae attached
i
wfwwrs: first Denton, LID
rn r,1
I f'rlntedNalrw PYr govard Volko[[, Nane a I~ ' 1 1
µ:IAn9Addrtsee Fir t eoton. t.rn ../n r_.n.jp n.,.lryvg~__.,1~}~~ ~
C+y 3tt1/ ~D. .77 Slut IJSahfnatoa, Suite 1005 Chicago, ttl d021~i4 G 60
TSNpI►one Nuwber `[jy~l 316-fig, ,,w,
Pty 1E41T
agtAlMaee of nMlrin20ofeet Facee C:os Aar }y,;diNG & D ~I1-G°~'
7411 East 1-35 South Dento~eieTU 7620%
CffYOt:oENt~J~TFXA1 crtvw~uwaar • ots+RO.tt7ws 74tef • t►a.wauo • Al«os4e.7ta>'
zssa«uw~wru«e ~ ~34.
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rW-10-19'99 15149 GROI.P CIE It I.ESVIOR9 313 36 2392 P.03
GROUP ONE
INVESTMENTS,LLC_
77 W. We"Oton. SUN Is)*
M-Noo,1134wb 6OW2
(7rr.)M6 4AU rutcsw w6 2381
Match 10,1999
Mr. Wayne Heed
Planning and Dcticlopment Department
City of Denton. Texas
City Hill West
Denton. Taus 76201
Re: Rezonhig of 19 acres Fnuu:diately east of Paces Crossing Apartments
1
Dear Mr. Reed,
1 ant writing this letter to state our company's opposition to the request to rezone 18 acres
located inmiediately east of Paces Crossing Apartments k u a conditioned Commercial
zoning district to a Multi-family (MF-1) zoning district.
Below I have listed our Comments in regards to the opposition:
> Not advised if this d4velopment is intended lobe student housing
> No provisions made for a trze line buffer betweal our properties
> Density not to exceed 276 units in total on the 18 acre site but applicant has not
advised as to the unit mix.
Your considetadon to our concerns and comments is requested. We are most interested in
seeing this site developed for the benefit of this area and all its existing owners.
Sincerely,
First Denton. Ltd.
BatneyPullun
AssistantAsset Manger F'Lh?iNNG 8 D'cVEIA~i~ENT
35.
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ATTACHMENT 4
ORDINANCE NO.
AN ORDINANCE OF THE CITY 0 DENTON, TEXAS, FAOVIDING FOR A CHANGE FROM
CONDITIONED COMMEW , ~ jjj ZONIN,0 A $TR14 CLASSIFICATION AND USE
DESIGN A ION'toMULTI- F Y 1 1lIF-t)ZONWGDISTRICT CLASSffICATIONAND
USE DESIGNATION FOR 18.001 AC~ 0~ E LOCATED ON THE SOUTH SIDE OF
COLORADO BOULEVARD, AP R.b I ATEj FIVE HUNDRED AND FIFTY (550) FEET
WEST OF SOUTHERN N[LLS P QULEXA„ AND THE NORTH SIDE OF THE 1-35 E
FRONTAGE ROAD, IMMEDIA , V EAST OF THE PACE'S CROSSING APARTMENT
coy IX; PROVIDING F6h A PENALTY LEI Tj F MAXIHfUM AMOUNT OF $2,000.00 FOR
V1bL fi[ONS THRAEOF; AND PROVIDING FOR AN EFEECTM DATE. (Z-99-009)
WHEREAS, James Truitt, on behalf of Howard Patterson, has applied for a change in zoning
for 18.0 acres of land from conditioned CorfiMocial (C(c]) zoning district classification and use
designation to Multi-family I (MF-I) toning district classification and use designation; and
WHEREAS, ott March 10, 1999, the Planning and Zoning Commission recommended
approval of the requested cl.ange in zoning; and
WHEREAS, the City Council finds that the change in zoning will be in compliance with the
} 988 Denton Development Plan, thr 1998 Denton Plan Policies, and the 1999 Growth Management t
trategies and Plan; Nt)w, T444FORE
THE COUNCIL OF THE CI1Y OF DENTON HERESY ORDAINS:
Section 1. That the zoning district classification and use designation of the 18.0 acre property
described in the legal description aliacbed hereto and incorporated herein as Exhibit A is changed
from conditioned Commercial (C(ci) zoning district classification and use designation to Multi-
family 1 (MF-t) zoning district classi)cation and use designation under the comprehensive zoning
ordinance of the city of Dentin, Texas.
pia1 the City'$ official zoning map is amended to show the change in zoning
;
class ffc Io.
district
Ptat any person violating any provi -on of this ordinance shall, upon conviction,
be Ilned 1 BLitt I e iCeertlttg Si,000,00. Each day th:u a ;.rovislon of this ordinance Is violated shall
constitute a sepatate !!rid distinct offense.
Swim j hat this ordinance shall beco,m effective fourteen (14) days from the date of
its passage, Attif tite hat
Secretary is hereby directed to cause the caption of this ordinance to be r,
publishc<i twice in die DLmion Record-Chronicle, a daily newspaper published in the Ciry of Denton. Leras, within ten (10) days of the date of its passage.
36.
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PASSED AND APPROVED this the day o! 1998.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETAriY
BY.
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:.//jrc~
5
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EXHIBIT A
Z-99.009 d'
18,003 Aera
J. !W+le Survey, Abstract No. 1433
D. Lrn nbert Survey. Abstract No. 784
City of Denton, Denton County, Texas
BEING a tract of land located in the J White Survey, Abstract No. 1433 and the 0 Lambert Survey,
Abstracl•NO. 764, City of Denton, Centers County, Texas and being a portion of that certain tract of fond'
described in the 'deed to Epta Devetopment. Inc., as recorded 1n Volume 3245, Page 699 of the Deed Records
of Denton County, Texas (ORDCT) and more partlculorlt descrlbod by metes and bounds as follows
'bearings based on the northeast right-of-way flee of interstate Highway No. 35-E per Texas Deportment of
Transportation right-of-way mops}
BEGINNING at o 1/2-inch iron rod found forthe most southerly corner of Lot 1, B!o6 1, Pods Crossing,
on addition to the City of Denton, Texno occording to the plot recorded In Cabinet E. Pogs 372 of the Plat
Records of Oenton County, Tax", from which o 1/2-inch Iron rod found boors North 75'54' West, 0,5 feet;
THENCE alongq the west boundary tine of said Epic Development, Inc, tract with the east boundary line of
said Pace's Gas%! g, as Vows: -
Noah 4997'25' East, 481.59 feet to a 1/2-inch Iron pipe found for a corner in the
common the of sold White curvet and said Lambert wu•vey,
Noah 0210*40" East, along sold common fine, 908.70 feel to a 1/2-Inch iron
rod found in the southwest right-of-way line of Cotorado Soulr d (on 80-foot wide right- of- way);
THENCE along the said southwest right-af-way line of Caforodo Boulevard, as follows:
Southeasterly, 161.06 feet along a curve to the left having a radius of 640.00 feel, a central
angle of 14'25'09", and a chord bearing of South 55'47'19 fool, 160.64 feel to
a 1/2-Inch Iron rod found at the and of sold curve; ,
South 62'59'54' East, 157.33 feel to a 1/2-Inch Iron rod found et the beginning of a
curve to tin r'ght.
Southeasterly, 551 27 feet along sob curve to the right ►aving a radius of 560.00 feet, a
central am to of 56'24'10', and a chord bearing of South 34'47'41k' East, 529.28
feat to o I/.-haft Iron rod found at the and of sold curve;
South 06'35'43' East, 100.00 feet to a t/2-inch Lon roc' found of Oe beginning of a
curve to the left;
Sculheosterty, 486,12 feet along sold curve to the left hovhp a raajs of 1440.00 feet, o
cenlra! or, 'e of '9'20'31% and a chord bearing of South 1693'59" East. 483.81
feet to 0 5/.-inch 'KHA' copped iron rod set for a corner,
'HENCE South 77'41'14' West, departing sold southwest right-of-way line of Colorado Boulevard,
a d;stonce of 659.93 feet too /8-inch 'KHA capped iron rod set foe a comer,
THENCE South 4913'27' West, a distance of 253.12 feet to a 1/2-inch Iron rod found for a corner In
the southwest boundory line of said Epic Development, Inc. tract and the northeast right-of-way
line of Interstate Highway No. 35-E, from which a 1/2-Inch Iron rod found bears South 8398' West. 1.9 feet;
THENCE along said southwest boundery line with the said northeast right-of-way Cane of Interstate Highway
No. 35-F, as fallowst
North 53'47'3: West, 99.25 Imt 1o a 1/2-Inch Iron rod found al the bsg4ming of o
tune to the r•ght, horn which a 1/2-I6ch iron rod found boors South 70'3' West, 2.1 feel, rr,
4
Northwesterly, 13916 feel along raid curve to the right having a radius, of ;1,309,20 feet, r ~~r ( r
a central angle of 00'42'29', and a chord bearino of North 48h06'24' West, 139.78
feet to a point for the end of sad curve, from which a 1/2-Inch iron rod found boors:
South 35'51' East. A.6 foot and a 1/2-Inch Mon rod found boors South 81'25' West. 1.6 feet;
North 47'41'40' West, $36.70 feet to the POINT OF BEGINNING and eoetoining
18.003 acres of land, Marc or less,
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AGENDA INFORMATION SHEET
AQerxb Ran
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AGENDA DATE: April 20, 1999 Dab,
DEPARTMENT: Planning Department
CNIfDC►UACM: Rick Svehla, 349-7715
SUBJECT-Z-99-008: (CorProperi))
Hold a public hearing and consider rezoning 49.528 acres from an Agricultural (A) zoning
district to a conditioned Single-family 7 (SF-7(c]) zoning district. Th: subject property is legally f
described as Tract 108 out of the Thomas H. Living Survey (Abstrack 729) and is located on the
on the southeast comer of Silver Dome Road and Farris Road interse;tiot:. The proposal is to
develop a single-family subdivision. The Planning and Zoning Commission recommend,d
approval (7-0).
BACKGROUND
The request before City Council is for a conditioned Single-family 7 (SF-7[c]) zoning district
classification for this 49.528 acre tract (see Attachment 1 - Enclosure 1). (The petition was
originally for a straight Single-family 7 (SF-7) zoning district.) The property has been in the
Cox family since 1922 (see Attachment I - Enclosure 9). It has remained undeveloped for the
past seven decades and has been used for agricultural activities. The properly owners are i
interested in conveying the land to market it for single-family residential development,
9 The subject property is located in area that has seen significant development since 1981. In
that year Hodge Elementary School open.~d its doors. This developmcal attracted single-
family Iousing development (see Attachment 4). In the same year the school opened, a
sixteen (16) lot subdivision called the Greenfield Woods Addition was approved. This
subdivision is located along the north side of Grant Parkway, Thereafter, no new
development occurred until the mid-1990s when the Deerwood Addition was platted. This
ninety-one (91) lot subdivision was developed in three phases between 1994 and 1998.
These subdivisions are approximately seventy-six (76%) percent fully developed (82 homes
out or a total 107 lots).
Y Nearly all of these lots are located within Single-family 7 (SF-7) zoning districts (see
Attachment 1 - Enclosure 2). Twenty-five (25) lots within the Deemood Addition, Phase 11,
are located in a Single-family 10 (SF-10) zoning district. The remainder of this subdivision I
is classified as Single-family 7 (SF-7). The Greenfield Woods Addition is located in Planned
I Development 124 (PD 124). The detailed plan for these lots established lot, setback and land
uses standards identical to SF-7 zoning district regulations. i
Y Denton's city limits run along `'te east and north sides of the property. There is an existing ! j`
manufactured home park to he north of the property across Silver Dome Road (sce
Attachment 4). The property to the south and southwest remain agricultural.
1.
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D The subject property was annexed and placed in an Agricultural (A) zoning district and land
use classification in May of 1986 by Ordinance 86-88 which annexed the property and
amended the zoning map for the City of Denton.
D The propa.,ed development is consistent with all of the policies of the 1988 Demon
Development Plan (DDP) as applicable and many of the 1998 Denton Plan (DP) Policies and
the 1999 Growth Management Strategies and Plan (see Attachment I Comprehensive Plan
Analysis section),
D Twelve (12) property owners were notified of the request for a Single-family 7 (SF-7) zoning
district designation and land use classification. Six (6) responses have been received with
half in favor and the other half opposed to the request (see Attachment I - Enclosure 8). T he
three property owners in opposition are all located on the cul-de-sac of Deer Forest Drive and
back up to the Kings Row and Farris Road intersection. The responses in favor of the
petition for rezoning include the property owner of the comer lot located on northwest comer
of Whitetail Drive and Farris Road, the property owner of the two large, undeveloped tracts
to the east and south of the subject property and of course, Mr. Cox, the owner of the subject
property. The land area of the three property owners who opposed the original rezoning
request for SF-7 represent seven percent (7%) of the land area within two'^+ndred feet of the
subject property that is within Denton's City Limits, while those in support represent
seventy-five percent (15%) (see Attachment I - Enclosure 4).
y The applicant and the property owners held a neighborhood meeting with nwby neighbors
after the first of two public hearings before the Planning and Zoning Commission (see next
section PRIOR ACTION/REVIEW). From this meeting, Mr. Cox agreed to tvo conditions
that satisfied the concerns of the three property owners opposed to his original req+icst.
PRIOR ACTIONlREVIE\V
The following is a chronology of Z-99-008, commonly known as Cox Property,
Application Date - February 3, 1999
DRC Datc(s) - None.
1 P&Z Date March 10, 1999. The Planning and Zoning Commission took no action on
this rezoning request to allow the property owner and the applicant to meet
with surrounding neighbors.
Nbad. Meeting • March 16, 1999. The applicant and property owuers met with five (5)
neighbors, Commissioner Salty Rishel, City Council member Neil
Durrance and attorney W. P. Phillips (see Attachment 1 • Enclosure 9).
The parties agreed to a conditioned Single-funily 7 (SF-7 [c]) zoning
district. The conditions concerned minimum lot size and dwelling sizes
for any lots adjacent to Farris Road between Kings Row and Silver Dome
Road as follows: r
L A 10,000 square foot minimum lot size for tiny lot that is adjacent to
Farris Road between Kings Row and Silver Done Road; and
2.
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2. A minimum main dwelling size of 1,800 square feet on any lot that
is adjacent to Farris Road between Kings Row and Silver Dome
Road.
3
The neighbors agreed with Mr. Cox to not place any conditions on exterior
materials.
P&Z Date - March 24,1999. The Planning and Zoning Commission approved the
request for a conditioned zoning district as proposed by the applicant.
ESTIMATED PROJECT SCHEDULE
The subject property is not platted and would need to be platted prior to any development.
FISCAL INFORMATION
Development of this property will Im-rease the assessed value of the city, county, and school
district. It will require no short-term public improvements that are the responsibility of the city.
P&Z SUGGESTED RECOMMENDATION
The Planning and Zoning Commission recommends approval (7-0) of this zoning request finding
that:
1. It is consistent with the 1988 Denton Development Plan;
2. It is consistent with the 1998 Denton Plan Policies;
3. It is an intended land use within Future Residential - Neighborhood Centers areas as
identified and defined by the adopted Growth Management Plan and Strat-gies;
It protects existing neighborto.^ods and property values; and
5. 11 will provide safe and a&quate traffic circulation.
Subject to the following conditions:
1. A 10,000 square foot minimum lot size for any lot that is adjacent to Farris Road between
Kings Row and Silver Dome Road,
2. A minimum main dwelling size of too square feet on any lot that is adjacent to Farris
Road between Kings Row and Silver Dome Road
t
OPTIONS
` 1, Approve as submitted.
2. Approve wiO conditions.
3. Deny.
4. Postpone consideration.
5. Table item.
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ATTACHMENT ` Ar -i C
1. Planning and Zoning Commission Rcporl, March 24, 1999, Z-99-008. !I
2, Planning and Zoning Commission minutes from March 10, 1999.
3. Planning and Zoning Commission minutes from March 24,1999.
4. Photographs.
S. DraflOrdinance.
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Respectfully sTU
< b eHill
Director of Planning and Development
prepared by:
1 yne ed
Planner I
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ATTACHMENT 1
PLANNING AND ZON (3 COMMISSION
STAFF PORT
Su ect: Cox Prope:y CM Number: Z-99-008
M: Wayne Reed, Planner 11 Agenda Date: March 24, 1999
iu lT" 17 ,P 1' ~ At. "7 ' a sy. nd y: t . l & , }
Hold a public hearing and consider making a recommendation to the City Councal concerning the
rezoning of 49.528 acres from an Agricultural (A) zoning district to a Single-family 7 (SF-7) zoning
district. The intention is to develop a single-family subdivision. {
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LOCATION MAP
Location: on the southeast corner of Silver Dome Road and Farris Road Intersection
Size: 49.528 acres <
i. 79 OV3 FZ i~a'l 0.,~rar 1 1~ 4`d ~k:
5,
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GENrrRAL JWO'
Applicant: Owner:
Greg Edwards Lucius Cox
Greg Edwards Engineering Services, Inc. 2005 Jasmine
300 N. Carroll Boulevard, Suite D Denton, TX 76205
Denton, TX 76201
SUMMARY dF ZQNik OAEQO0T:...:~,....
The Planning and Zoning Commission continued the public hearing for this rezoning change at its last
meeting on March 10, 1999. The applicant and the property owner, Lucius Cox, agreed to postpone
the public hearing until they met with surrounding property owners. A neighborhood meeting was held
at City Hall West on March 16, 1999, at which the applicant and property owner met with five (5)
neighbors, Commissioner Salty Rishel, City Council member Neil Durrance and attorney W. P. Phillips
(see Enclosure 9), The parties agreed to a conditioned Single-family 7 (SF-7 [c]) zoning district. The
I conditions concerned minimum lot size and dwelling sizes for any lots adjacent to Farris Road
between Kings Row and Silver Dome Road as follows:
1. A 10,000 square foot minimum lot size for any lot that Is adjacent to Farris
Road between Kings Row and Silver Dome Road; and
2. A minimum main dwelling size of 1,800 square feet on any of the above lots.
The neighbors agreed with Mr. Cox to not place any conditions on exterior materials.
The request Is for a conditioned Single-family 7 (SF-7) zoning district classification for this 49,528 acre
tract (see Enclosure 1). The property has been in the Cox family since 1922 (see Enclosure 9). It has
remained undeveloped for the past seven decades and is used for agricultural activities. The property
owners are interested in conveying the land to market it for single-family residential development.
The subject property is located in an area that has seen recent single-family housing development.
Denton's city limits run along the east and north sides of the property (see Enclosure 1). There is an
existing manufactured home park to the north of the property across Silver Dome Road, Single-family
subdivisions have developed to the west with Single-family 7 (SF-7) zoning restrictions. The property
to the south and southwest r main agricultural.
COMPREHENSIVE "IM ANALYSIS
i 1988 Denton Development Plan Analysts
I The 1988 Denton Development Pian (DDP) shows this area to be within a Low Intensity Area.
These areas are Intended to be developed primarily for single family residential development.
Neighborhoods are to be serviced by a network of small commerclat/retail centers spaced at about
mile intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip J _
generation due f: development within Low Intensity Areas Is restricted to 60 trips per day per acre In
urder to balance lane' use with road capacity. Staff finds the proposed development to be
consistent with the Vlp intensity standards and policies of the 1988 DDP (see Enclosure 6).
6.
4
1998 Denton Plan Policies, Growth Management PIE., and Strategies Analysis
The 1998 Denton Plan (DP) Growth Management Plan shows this property to be within a Future
Residential - Neighborhood Centers Area. According to the adopted Growth Management
Strategies, these areas are Intended to be developed in an Inwardly oriented manner with a focus
upon the center of the neighborhood. These developments would be established In a manner that
locates the center of the neighborhood within a 51010 minute walking distance from the edge of the
neighborhood, The center would contain uses necessary to support the surrounding neighborhood
Including retail uses such as convenience grocery, barbers, or small professional offices, higher
density residential uses such as townhomes, park uses including central neighborhood "greens" and
institutional uses such as free stations, schools, libraries and transit nodes. The m1x of uses identified
to support each neighborhood may be developed In a vertical manner with shops on the ground floor
and offices or residences on the upper floors. Staff finds the rezoning request to be consistent
with the adopted Growth Management Plan and Strategies as well as the 1998 DP Policies (see
Enclosure 7).
rYl ~t✓L!lY l~~~+ilF2ia~I TJ~n .M xD ~J 4..~. .Im. di rIGwKi ~~R
1, Transportation
A. Trip generation
The proposed rezoning would allow for detached single-family residential development. The I
average density (dwelling unitslacre) for 7,000 square foot lot sub6lvlslons is 4 dulacre. On 49.52
acres, that translates Into 198 lots. Typical households generate ten (10) trips per day. If this
property developed as outlined, I, coulI generate about 1,980 trips per day. This is thirty-four
percent (34%) below allowed Intensity for the subject property based upon the 1988 DDP Intensity
standards.
Table 1, Proposed Single-family Trip Generation
Land Use Average Trip Total Trip Maximum Bulldoul
Generation Per Generation
Single-Family Detached 9.55 trips/day 1980 198 homes (Al dulac)
Total Trip Generation 1 . I
Allowed Trip Generation 49.52 acres 2,971 50 tripslacre
Difference 9g1 34% below allowed trips
' Calculations provided by the Institute of Transportation Engineers, 1991.
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B. Access
As this property has frontage along Farris Road and Silverdome Road on two sides, providing
multiple access possibilities. Depending on the neighborhood design and the actual total number
of lots, access will be allowed In accordance with current subdivision and land development
regulations, which require access to be off of the lesser classified road(s). Because both roads J. are classified as secondary major arterials by the 1998 Denton
Mobility Plan, access will be
determined at a later time. However, under no circumstance would any single-family lot have
direct access onto any of these surrounding public streets.
7.
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C. Road Capacity 4
Kings Row, Farris Road, Sllwrtiome Road and Cooper Cr0ek Road are all currently
constructed with two (2) tones withouf parking. As such, each street's designed traffic capacity
allows for a tolerable traffic flow of up to 9,100 trips per day. The only traffic count in this area fa
at the Loop 288 and Kings Row Intersection. It demonstrates current use to be 2,653 vehicles per
day along Kings Row. This indicates that there Is adequate capacity to handle the calculated trips
that could be generated by a single-family development on this property. In addition, a Traffic
Impact Analysis (TIA) study will be required during the platting process to determine necessary
transportation Improvements.
Kings Row from Loop 288 to Farris Road Is ldentired as a collector street by the 1998 Denton
Mobility Plan (see Enclosure 6). This street Is designed to be a four (4) lane undivided street
without parking, providing four (4) lanes of through traffic. As such, its designed traffic capacity
will allow for a tolerable traffic flow of up to 14,900 trips per day.
Farris Road and Silverdome Road are shown ns bong a portion of an mended Windsor Road,
which Is ldenflried as a secondary major arterial, by the 1998 Denton Mobility Plan (DMP) (see
Enclosure 5). Cooper Creak Road Is also identified as a secondary major arterial by the DMP.
All of these roads, which are located to the west, north and east boundaries of the subject
property, will be designed as either four (4) lane undivided or divided streets without parking,
providing four (4) lanes of through traffic, as development triggers road improvements. As such,
each will have a designed traffic capacity that will allow for a tolerable traffic flow of up to 14,900
trips per day or 19,100 trips per day, respectfully. #
D. Pedestrian Linkages
Sidewalks along all public streets are required.
2. Utilities
This site has access to nearby water and sanitary sewer lines (see Enclosure 3):
Water: a) Twelve (12) inch waterline at Grant Parkway and Farris Road.
b) Twelve (12) Inch water line at Grant Parkway and Kings Row,
Wastewater: a) Eighteen (18) Inch sewer line et Grant Parkway and Farris Road,
b) Eighteen (18) inch sewer line at Grant Parkway and Kings Row.
Fire Hydrants: No fire hydrants along public streets in front of property. Fire hydrants must be
spaced no more than six hundred (600) feet apart for residential development.
3. Orolnage and Topography
New development will be required to design and construct a drainage system to city standards.
A preliminary drainage study will be required with the submission of a preliminary plat. The study
must include calculations of the 100-year storm for all drainage areas on this property and any
c
area that drains towards this property. The developer must Indicate the method by whkh the run- (ir
off will be carried across the property or stored .m the property.
j 0(1lt F1 SkXl Rr~ prt 5 74 79 a,<
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As per the sign ordinance.
5. Off-Street Parking
New development must provide parking according to the regulaWns of Chapter 35 (35-301) of the
Code of Ordinances.
6. Landscaping
This property will have to comply with the new Landscape Code, which requires fifteen (15) trees
per acre and twenty (20) percent of all ,urfaces to remain pervious (pfantabie area).
7. Open Space and Recreational Areas
This residential development will be required to participate in the development of public
recreational areas. Through the Park Dedication Ordinance (98-039), this development will
contribute to park land dedication and park development fees. Dedication requirements art
required during the platting process. Park development fees are required prior to the issuance of
building permits,
P ~J f t1''=k9. a r ~y Y
May 12, 1986 - The subject property was annexed and placed in an Agricultural (A) zoning district i
and land use classification by Ordinance 88.88 which annexed the property and amended the zoning
map for the ( ity of Denton (see Enclosure 2),
The subject property Is not platted and would need to be platted prior to any development.
_UBLIC,NOYICE .
No additional notice was required for this public hearing as the Planning and Zoning
Commission continued the public hearing from March 10, 1999,
Therefore, all previous notices satisfy legal requirements, Notice of the zoning request was published
In the Denton Record-Chronicle on February 28, 1999. 7weive (12) legal notices were sent on
February 27, 1999, by certified mail to notify property owners within two hundred (200) feet of the
subject property (see Enclosure 4). In addition, nineteen (19) courtesy notices were sent by first class
mail to notify residents within five hundred (500) feet of the subject property. As of this writing, there
have been six (6) responses (see Enclosure 8): three (3) are In-favor, while the three (3) are opposed.
A neighborhood meeting was held on March 16, 1999. Refer to the SUMMARY OF ZONING
REQUEST section above for details of the meeting.
7 ' d X9 P1 Si 'J R,,~ W:.1 1 11 re) 14,.,:
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Staff reoommends approval of Z-99-008 for Single-family 7 (SF-7) zoning district designation with the
following two conditions:
1. A 10,000 square foot minimum lot size for any lot that is adjacent to Farris Road
between Kings Row and Silver Dome Road; and
2. A minimum main dwelling size of 1,800 square feet on any of the above lots.
I
The request is consistent with the policies of both the 1988 DDP and the 1998 OP (see Enclosures
6 and 7). The proposed development will rrovide for a compatible arrangement of land uses
consistent with the adopted Growth Management Plan and Strategies.
I move to recommend approval of Z-99-008 finding that:
1. It is consistent with the 1988 Denton Development Plan;
2, It Is consistent with the 1998 Denton Plan Policies;
3. It Is an Intended land use within Future Restdentlaf - Neighborhood Centers areas as Identified
and defined by the adopted Growth Management Plan and Strategles;
4. It protects existing neighborhoods and property values; and
5. It will provide safe and adequate b offic circulation.
Subject to the following conditions:
1. A 10,000 square foot minimum lot size for any lot that Is adjacent to Farris Road
between Kings Row and Silver Dome Road; and
2. A minimum maln dwelling size of 1,800 square feel on any of the above lots.
SAM=
1. Recommend approval as submitted.
2. Recommend approval with conditions.
3. Recommend denial.
4. Postpone consideration.
5. Table Item.
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2 r fHW, F Z SIa'! PC$xA 1 24 90 d(c
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1. Vicinity Map.
2. Zoning Map.
3. Utility Map.
4. 200'•500' Notification Map.
6. Denton Mobility Plan Map.
6. 1988 Denton Development Plan (DDP) Policies.
7. 1998 Denton Plan (DP) Policies (2 pages),
8. Property Owner Responses (8). II
9. Property History.
10. Neighborhood Meeting Sign-In Sheet.
w
Z 99 D% PZ Start RtT*rt 3 7M 99.doc
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ENCLOSURE 1
NORTH
Z-99.006 (COX PROPERTY)
fit
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Now
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VICINITY MAP
Agenda Date: March 24, 1999 Scale: None
12.
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ENCLOSURE 2
1F
Z-99-008 (COX PROPERTY) NORTH
A
i \ A
! BF-7
PD 124 SF•7
qNO~ rpyy ^ I
% A ti
1 A A
' ♦ r w r r r t
{ A E ,
T~
ZONING MAP
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Agonds Date: March 24, 1999 3colo: None
13.
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ENCLOSURE 3
4
NORTH
Z-99-008 (COX PROPERTY)
1 s
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W.L l.. al,{M 1
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16. 8.L KINOa ROW
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1
EXISTING UTILITIES MAP
• Hydrant
• Water Llne (W. L.) ,
I 'A. r
- ' • Sewer Llne (S. L.)
Agenda Dale: March 24, 1999 Sale: None
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ENCLOSURE 4
NORTH
Z-99-008 (COX PROPERTY)
~y
•V
VINO! ROW"i: .ti
SIDE
.4 I
1 ~ `pt 1
200 FOOT BUFFE
500 FOOT BUFFER
y f
200-500 FOOT NOTICE MAP
Agenda Date: MArO 24, IM Scale: None
15.
ENCLOSURE 5
Z-99-008 (COX PROPERTY) NORTH
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DENTON MOBILITY PLAN MAP
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Agenda Date: March 24, 1999 Scale: None
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ENCLOSURE 6
rTh. 88 Denton Development Plan Analysis
1988 Denton Devciopmont Plan (DDP
rea areas 77tt
These ) shows this a
eas are intended to be developed primarily for to be v
Area.
Neighborhoods are to be serviced by a network of small coed at about
elopment.
A mile intervals with direct access to a collector type strec
generation due to development within Low Intensity Areas is restricted to 60 trip sper day Vehicular a e tdp
order to balance land use with road cdpacitr. Staff finds the proposed developent lo be
consistent with both the policies and trip intensity standards of the 1988 DDP.
e
The table belotiv provides a summaryof the 1988 Denton Development Plan policies applicable to this
protect:
Denton Development Plan
Policy Analysis Summary
Low Intensity Area
DeveIDpment Rang ;;.-Policy
POLICY sign1mol
Intent. These areas represent Ddmary COMMENTS I Inoostent consistent
hawng arras w tMn 04 otyy. Intemity. To be oongstent with the
PIA a 6"oDrnent should not exceed It; Allowed intensity . t g WpSlace X
allocated wer6ty. AAocated Intensity • Z971 trips/site
Site Wan cowtriti. Stkt
As the ~nd Is
d"lopment control wlthln 1p 6 Off" or al la n
use, be sub e y X
existing low-derWty restdenbal areas. WOL(d be developed M In a simtar Jeutma,yier
P'~M
oUd t
to that of existing, suwoundno
Traffic Deal n. ftufd be net hood
prooded to ensure ro fa a X
y or
ran-residential uses have acom to
cored or largrx arterials With no drect
axm through resymtial stints,
Open Space. SuKc sent green space, ThlS devel X
llent
recreational fa ON and diversity or parks do opo
f WW open" to the
are provided. Ga+t or pubrk open Spans and
Public Paitlclpatfon. Input planning by nelghb*tWd 119soldn aypW and 0 not to Plod a
courdls Is encouraged. meeting,
Land ~ Dlverslty. Mon-resdential and IVY, X
a NrNW C. ve~e, Iopment is encouraged to
d one a~+r using. TNS roan of TMs property is located ft*datdy
with deny hout rig nvy be con"UtOe avow from an existing manuradaaed
tions, he low Intensity home park, is tefinluNy in pk G
areas subJe~ta cord t
Strip Commerdat. Any form of of Dent
t for C
continuous SLlp Commercial IS Sbo giy this S not ear onx vrdtl, X
dxowaged Iryor near tow Intensity areas Oil
2 99 WE P2 SUT ISeport 124 99&c
17.
..-l
r l .
i t
I
ENCLOSURE 7
1998 Denton Plan Policies Analysis
The 1P98 Denton Plan (DP) Growth Management Plan shows this property to be within a Future
Residential - Neighborhood Center Area. Staff finds the proposed development to be
consistent with the policies of the 1998 OP.
The table below provides a summary of the 1998 Denton Plan Policies applicable to this project:
Denton Plan
Policy Analysis Summary
Development Rating vs, Policy
CATAGORY POLICY tncors+stent
eonsstertt
IM R
Transportation, CorViments Denton's "-Range ThoroWhfare Plan. t' %
R omotes Access Management PraMm X
Optn lm opera''ons for emergency service prcwders and '
other pudic service pra+lders. k
Prornotes pubk transportation system,
Contributes to the Denton Trails network
stormweter Drainage. Prot!cb lWyear WOaln areas In acoordance with r
Den'dn's watershed management pons.
Conforms to lout subdtosion regulations, f :
Cord rlbutes to regional detention fadlltles. if
Provdes for natural rlparlan environment along rooodptain.
Upgrades existing substandard drainage systems in 1:011
and redevelopment oocvr,
water and Devtlops end maintains property and prvate
Wastewater, Vnfratrucbue.
Crea'es opportunity for overaliing water and wastewater A
Imes to meet future development demands,
PrOdef Wew of proposed water and wastewater
InlrctrLic" to ensure public safety and health.
Promotes InRA Improvements over new line extensions.
Electrle. Prowdes undergrourd ele&c senke for new resldentlal t
and nortresidentiat development, %
Solid Waste. Promotes efRdent acres to all devebpnent for solid
waste aeM' Oeh"'
Parks and Recreation. loatas parks and rec ea5w fadlltles In booordarlce with
the PAts and 0. aeatton Stratepc Ran.
FnharKes pArks and recreabon opportunities for residents. X
Preseeves Roodpiain for parks and open space to old in
floork+aim conservation effort,
kluws combining of parks wEth odw public fadlites to
arhiese cod effective Belly" of putdk services,
Reslrkrtat development OWd dedlate band w fees In w
IIev of land fx nedghboftixf parks. X l '
Environmental A
Quality. Promotes preservation of natural resources.
Integrates enwronn tntal protection with ecortomlC
growth and community development
2 99 DUR PZ Staff Rrport 3 24 99 doe
tar
i
a
u .
1998 Denton Plan Policies Analyals (continued)
Denton Plan
Policy Analysis Summary
Development Retlnp vs, Policy
CATAGORY POLIO Jneorxibant Apt a tadaent
Neipt+borbeode, PraAdea raw to pubNe arW oarvmsety WOO for
redderetd Mlphbor}rooas,
finmunyd a Mtn of IxW urea tlut boo ft res ftft
ProteM and pnserva aAWN noo boAaoda x
Proriotes bkyM and pedesUian bafAc wr8,in end
oetwan nd¢ Dafioodr b ndrce vaNaAer Mpa x
Houelnp• RaA9n a r~npe o<Aoudnp lyq~ that appal to pie"
econornk ehd hdlvl0,nl ph-krfer. k
Offers a varkty of slnpk-A"* bt On% Wft aim,
and Wke napes, x
Prewva erdstlrq hoWrq, hdudlrq afPordebte hoWnp,
basses IrN houdnp xansbutlft
t2eonemle ombftAn to a ft" end dwmtfled bW economy by
DNvemifluUm watOng emOapwt and ew4nq the tax ban x
Government. 2nmrrapes Wpovenvrww mardinauw to provide
m4-effe~~! Dudk eavlcesI
Urban pedpn. Ad&mm edmmnlty appeannoe in a mmpretwWA
mercer.
tlwM Oes ardAedrrol apparance of but bWnw ent•
Nelphbahood hU develognerg -rout- be mmpAW
with a doting trW um erW build W
Rotedf aM prew "Om Aon'a arddta&4, mAro and
histakal resources
ErAurm tM appearance abnp myor k+tr r
P ortwtes the preservs8on of eras and landaceplnp. x
Public Ima<vemen6 NM a an opporbxrty for pubtle opinion duAnp the
piaminp process x
2-99-108 P2 Starr deport 7-24 99.doo
19.
e
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ENCLOSURE B
NOTICE of PUBLIC HEARING
Z•90-cos
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
March 10, 1999, to consider rezoning a 40.628 acres located on the southeast corner of the Sliver
Dome Road and Farris Road intersection from an Agricultural (A) zoning district to a Single-family 7
($F•7) zoning district (see map on backside). The property is legally dascrlbed as Tract, 108 out of the
Thomas H. Living Survey (Abstract 729) In the City of Denton, Denlcin County, Texas. The purpose of
the zoning change Is to develop a single-family subdivision.
The public hearing will start at &30 p.m. In the City Council Chambers of City Hari located at 215 a
McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the
subject property, the Planning and Zoning Commission would like to hear how you teal about fhls
{ zoning change request and Invites you to aftend the pubflc hearing. Please, In order for your opinion to
betaken Into account, return this form with your comments prior to the date of the public hearing. (This
in no way prohibits you from attending and partklpatINP In the pubflc hearing.) You may fax it to the
numl•er located at the bottom, mall It to the address below, or drop It off In-person:
Planning end Development Department
221 N. Elm ST
Denton, Texas 70201
Attn: Wayne Reed, Planner I
The zoning process Includes two public hearings designed to provide opportunitles for citizen
Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of
the subject F,operty are notifiod of the zoning request by way of this notice. The first public hear!na Is
held before the Planning and Zoning Commission. The Commission Is Informed of the paroe, of
responses In support and In opposition, Second, the zoning petition is forwarded to the City Council for
final action providing the Commission recommends approval. Should the Commission recommend
denial, the petitioner may then appeal the request to the City Council, If owners of more than twenty
(20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six
out of seven votes of the City Council are required to approve the zoning change. These forms are
used to calcufate the percentage of landowner opposition.
Please circle one:
In favor of request Neutral to request Opposed to request
Commen
Signature; ~ D
Printed Name: l } - 40
Mailing Address:
City, State Zip, DG'YUii9 h) t f X~tS 7 6 2 VEinniCN1 -A
Telephone Number. Cl V) L0 - 670 6 PL~!i141}~C S D•
physlcal Address of pProperty within 200 feet~~ 0~ 0.uvta 'CZc~jiLfs-4 to'
e,, f. t9l
CITY OF D NTON, TEXAS CITY HALL WEST ~ DENTON, TEXAS 76201 • 040.349.111M 0 (F) 940,340.1707
2'00,0" toots uairu dm 20.
ii
NOTICE OF PUBLIC WEARING
Z-99-008
The Planning and Zoning Commission of the City of Denton will hold s public hearing on Wednesday,
March 10, 1999, to consider rezoning a 49,628 acres located on the southeast corner of the Silver
Dome Road and Farris Road Intersection from an Agricultural (A) zoning district 1o a Single-family 7
(SF-7) zoning district (see map on backside). The property Is leg4lly described os~7act,108 out of tha
Thomas H. Living Survey (Abstract 729) in the City of Donlon, Denton County, Taxes. The purpose of
the zoning change Is to develop a single-family subdivision.
The public hearing will start at 6:30 p.m, in the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the
subject properly, the Piannlog and Zonlne, Commission would like to hear how you feet abouf this
zoning change requosf and Invites you to attend the public hearing. Please, In order for your oplnlon to
be taken into account, return this form with your comments prior to the date of the publlc hearing, (This
in noway prohibits you from attending and participating In the public hearing.) You may fax It to the
number located at the bottom, mail It to the address below, or drop It off In-person:
Planning and Development Department
221 N, Elm ST
Denton, Taxes 76201
Attn: Wayne Reed, Planned
The zoning process Includes two public hearings designed to provide opportunities for citizen
Involvement and comment. Prior to the public hearings, landowners within two hundred (206) feet of
the subject property are notified of the zoning request by way of this notice. The first pubic hoadrip Is
held before the Planning and Zoning Commission, The Commission Is Informed of the percent of
responses In support and in opposition, Second, the zonlry pefton is forwarded to the City Council for
final action providing the Commission recommends approval, Should the Commission recommend
denial, the petitioner may then appeal the request to the City Council, If owners of more than twenty
(20) percent of the land area within two hundred (200) feet of the site submit writle, opposition, lhon six
out of seven votes of the City Coungit are required to approve the zoning change. These forms are
used tocalcufato fhepercenfage of landowner opposition,
Please circle one:
In favor of request i Neutral to request Opposed to request
Comm
Signature; _ °_~...y ~ w MAR 5
Printed Name:4 . oAddress: 2 aaS' -
City, State Zip: V edtah 'T LANDING PA OkYfhAP ;=hit r~
Telephone Number: ids • y.poy fi fir
Physical Address of Property within 200 feet: _ Rout n -J Box f
Tract a 2•~
CiTY OF DENTON, TEXAS CITY HAIL WEST DENTON, TEXAS 78201 040.340.8350 (F)040.3401101
2.92 008 LogdM lks dos 21.
v
I
t
i t
NOTICE OF PUBLIC HEARING
z•ss•oos
The Planning and Zoning COmmisslon o afthe City of Denton will ho!d a public hearing on Wednesday,
March 10, 1999, to consider rezoning 49.528 acres located on the southeast corner of the Silver
Dome Road and Farris Road Intersection from an Agricultural (A) zoning district to a Single-family 7
zoning district (SF-7) (see map on backside). The property Is legally described as Tract, 108 out of the
Thomas H, Living Survey (Abstract 729) in the City of Denton, Denton County, Texas, The purpose of
the zoning change is to develop a single-family subdivision.
The public hearing will start at 5;30 p.m. In the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas. Because you own property wNhin two hundred (200) feet of the
subject property, the Planning end Zoning Commission would tike to hear how you feel about this
zoning change request and Invites you to attend the public hearing. Please, In order for your opinion to
be taken into sooount, return this form wllh your comments prior to if re data of the public hearing. (This
in no way pro%fts you from attending and participating In the public hearing.) You may fax It to the
number located at the bottom, mail It to the address below, or drop It off In-person:
Planning and Development Department
221 N. Elm ST
Donton,Texas 711201
Attn: Wayne Read, Pienner I
The zoning process Includes two public hearings designed to provide opportunities for citizen
Involvement and comment. Prior to the public hes1npa, landowners wl'tin two hundrod (201)) feet of )
the subject property are notified of the zoning request by way of this notice. The first public hearing Is
held before the Planning and Zoning Commission, The Commission is Informed of the percent of
responses In support and In opposition. Second, the zoning palltion Is forwarded to the City Council for
final action providing the Commission recommends approval. Should the Commission recommend
denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty
(20) percent of the land area within two hundred (200) feet of the site submit written opposition, than six
out of seven votes of the City Council are required to approve the zoning change. Those forma are
used to calculate the percentage of landowner opposition. '
Please circle one:
In favor of request Neutral to request Opposed to request
Comments:
Signature: `?DYE-~'~t)~J f1 ib L~ V l~
Printed Name: _,gpbt RAIAShn J U
Mailing Address: a3 11 IAA 91499
City, State Zip: _ J)PA Avn _ 7 x • k 2t)R ire
Telephone Number; _ a~t~' la q 32 PLANNING b D,NELAPIW , Ir; r
Physical Address of Property wltNn 200 feet: .'l It ~I'i ~ r • r'
CITY OFDENTON, TEX4S oiryHALL WEST DENTON,1EXAS 70201 ~ 040.340.0350 ~ V)940,340,7707
t.aaaoeipur~uux 22.
cE~
NOTICE OF PUBLIC HEARING
Z-99-008
The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday,
March 10, 1999, to consider rezoning a 49.628 acres located on the southeast corner of the Sliver
Dome Road and Farris Road inlersection from an Agricultural (A) zoning district to a Singie•famlly 7
($F-7) zoning district (see map on backside). The property is leg~4y described as Tract 108 out of the
Thomas H. Living Survey (Abstract 729) In the City of Denton, Dan= County; Texas. The purpose of
the zoning change is to develop a single-family subdivision. "
The public hearing will start at 6:30 p.m. In the City Council Chambers of City Hail located at 216 E.
McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet or the
subject property, the Planning and Zoning Commission would like to hear how you feel about this
zoning change request and Invites you to attend the public hearing. Please, In order for your opinion to
betaken into account, re. m this form with your comments prior to the date of the publlo hearing, (This
In no way prohibits you from attending and participating In the public hearing.) You may fax It to the
number located at tho bottom, mall It to the address below, or drop It off In-person:
Pianning and Development Department
221 N. Elm ST
Denton, Taxes 76201
Attn: Wayne Reed, Planner I
The zoning process Includes two public hearings designed to provide opportunities for citizen
Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of
the subject property are notified of the zoning request by way of this notice. The first public hearing is
heed before the Planning and Zoning Commission. The Commission is Wormed of the percent of
responses In support and In opposition. Second, tha zoning petition is forwarded to the City Council for
final action providing the Commisslon recommends approval. Should the Commission recommend
denial, the, petitioner may then appeal the request to the City Councl. If owners of more then twenty
(20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six
out of seven votes of the City Council are required to approve the zoning change. These forms are
used to calculate the percentage of landowner opposition.
Please circle one:
In favor of request Neutral to request pposed to re u
Comments: W UvAA 4~0<t( 41,-c. 'L.ev,- b C cc .5 1;~ 10
~ a~SO ~Avc CJsGF,rNS Q{~uw+ '~'-~~L (ySwt 4'1 ~.x{~ ,
•
Signature; --t--~''
Printed Na _ ` I vim, D E C E Q, V E
Malling Address; 3 o;1e ~ecr tCSF
City, State Zip; ~ C4\~° tk 7(0 tO LIAR 10 IM
Telephone Number; a 1 j' j t' S 7 r
l1~ ~
Physical Address of Property within 200 feet, ID li~o csr. PLANNING 6 ( FLOPMENT
r' I
0TY OF DENTON, TEXAS CITY HALL WEST DENTON. TEXAS 76201 040.370,6350 • (F) 040.342.7101
MOWS tp.rNolkcd" 23.
t:
_,11FR-p_$-99 11011 04852 P11 SIMERS018 SPECTOR 940 102 6991 P.01
NOTICE OF PUBLIC HEARING
Z-99-008
FThoPla,nnIng9end Zoning Commission of the City o1 Denton will hold a public hearing Oil Wednesday,
, 9, to consider rezoning a 49.328 acres located on the southeast corner of the Silver
Dome Road and Farris Road intersection from on Agrlcultural (A) zoning district to a Single-famlly 7
(SF-7) zoning district (see map on backside). The property Is legally described as Tract, 108 out of the
Thomas H. Living Survey (Abstract 72a) In the City of Denton, Denton County, Texas. The purpose of
the zoning change Is to develop a single-famlly subdlvislon.
The public hearing will start at 5*10 p,m. In the City Council Chambers of City Hall located at 215 E.
McKinney Street, Denton, Texas. Baceuso you own property within two hundred (200) lest of the
subject properly, the Planning and Zoning Commisslon would flke to hear how you /eef about this
zonhlg change request and hivitas you so attend the public hearlNg, Please, in order for your opinion to
be taken into axouni, return this form with your comments prior to the date of the public hearing. (Tools
fn no way pruhiblis you from attending and participating hi the public hearing.) You may fax it to the
number located at the, bottom, m,@0 k to the address below, or drop It off lr,-pasom
Planning and Development Department
221 N. F-Im ST
Denton.Texas 76201
1 Altn: Wayne Reed, Plannor I
The zoning process Includes Iwo public hearings designed to provide opportunities for citizen
Involvement and comment. Prior to the public hearings, landowners within two hundred (246) feet or
the subject property are noVed of the zoning request by way of this notice. The first pubVe hearing Is
held before the Planning and Zoning Commission. The Commisslon is Informed of the percent of
responses in support and in opposition. Second, the zoning petitlon Is forwarded to the City Council for
final action providing the Comml*slon reoonlrnends approval. Should the Commtsslon recommend
denlal, the petitioner may than appeal the request to the City Council, If owners of more than twenty
(20) percent of the land area within two hundred (200) feet of the site submit wrnlon opposition, then six
out of seven votes of the City Council are required to approve the zonll>p change. These (om)$ are
used to calculate the pareonfage of landowner opposition. {
Please Orcle one:
In favor of request Neutral to request Opposed to reque
Comments•
Signature; . C E Q C,
printed Name; Q1A~! d _
Mailing Address; A ~CCCs9~isi- MAR 8 n~C} .J1
City, Slate zip: 092h o .T1~_ 74zOft' _
Telephone Number:
'~7~9 7A 'J IINO & NVEI,OP,"IFIT
Physical Address of Property withln 200 feet 45 14we
CITY OFDENTON, TEXAS CrtYHALL WESr • DENTON. TEXAS 10201 940,340.0346 (r) 040.30.710?
z v7 ooa Lrya, Ntt're ~r
24.
C
u
011OV03 16:38 PAC 940 111 8164 TOWER ENGINEERING 2062
03/03/as RED 1sniT FAX 6103407707 CITY op asN" PUNNINO X 004
NOTICE OF PUBLIC HEARING
Z-99.000
The Planning and Zoning Commission of the City'of Denton win hold a public hearing on Wednesday,
March 10, 1999, to consider rerontng a 49,528 acne located on the southeast corner of the Silver
Domn Road and Fells Road Intersection from an Agrlcutmil (A) zoning district to a single-family 7
(SF-r') toning district (we map on backside). This pro perty Is Wggliy dacrlbed as Tract 108 out of the
Thomas H. Living Survey (Abstract 729) in the City of Denton, Denton County, Taxes. the purpose of
the zoning change Is to develop a single-family subdivision.
The pubne hoaxing will start at 6;30 p.m. In the City Council Chambers of City Han located M 216 E.
IV Cnnti street, Oenten, 76x86. Because you own property wKhfn fwo hundred (200) feet of the
subJecl property, the planning sect 2onlnp Commission would fr7re to hear how you lee! about this
vites you to eKand the pub!!c hoering. Plesea, in rrder for your opinion to
zoning change request enOil
betaken Into account, return this tome with your oomn+ants prior to the data of the public hooting. (This
In no way prohrbKs you from ettendlrrg and pertlclpating !n the public hearing.) You may fax it to the
numb6r located at the bottom, man it to the address below, or t' op it off In-panen
Planning and Development Department
221 N. Elm 1sT
Denton, Texas 78201
Attn: Wayna Reed, Planner I
The zoning process includes two pubnc•hearings designed to provide opportunities for ehlzon
involvement and comment, Prior to the public hearings, landowners within two hundred (200) feat of
the sub)ect property are notified of the toning request by way of this notice, The first public hearing is
held before the Planning end Zoning Comrrhslon. The Commission Is informed of the percent of
responses in support and in opposition. Second, the zoning patiGon is forwarded to the City Council for
final action providing the Commission rsoommonds apprcNai, Should the Commission reoommend
denial, the petitioner may then appeal the request to the City Council if owners of more than twenty
(20) percent of the land area w•dhin two hundred (200) feet of !tit site subrr8t written opposition, then six
out or seven votes of the City Council are required to approve the zoning Change. These forma sro
used to cakulato the percenbgo of landowner opposition.
Ploese circle on
In favor of request Neutral to request apposed to request
Comments: 1
C' e-
po g e,
signature: -
Printed Name: Roger 6 Deborab Cox 0 nn"'~~
V
MailingAddresw 3912 Deer Forest Drive
City, Slate Zip; Denton, Texas 76208 MAR. 4 Telephone Number. 940-383-1980 r ' '
r
Physical Address of Property within 200 feet: 3912 Deer Forest Dr
Denton, Texas 762 ANfINO6DEyEI~,n,~i£NT C
r
Wry OF DENTON, iZE AS cm NAll wt 9 r DENTON. T1 XA9 76201 940.349.6480 (F) 940.,401107 t
1•eed~Or LCyil Nulitl.rA/t
1'TI'1`^J-.-wyM.'YYrTV'N!-WMMRd-,.r.r.rr.~~.nr.M..e.Mr+.!•M.~~.r.-rw.rr~r.fr~...... • • a..r.... ,.i • •25,
u
16739 FAY 946 311 9116 TOWER ENCINESAINO ®093
1. We aro very dbnppoloted that We wen aol Dodged of a mloboehood Mo4nt prfa to 4 2
MeetiaS.
2. The Iota lm b,xwoed are 9p•10. sP• 17rail7y fot dJe pwDetfi wgl oelerively a1Gct the vdw of
our ptoperV.
ot,
S. Nad Moro M*Wft laktamlon. All of &W addkioaal UNMO will now &w* behWd onrbenad
There u heavy tral9e *at ww WA dw trsRk et MW llow is loop 211 is wry eoaieNed an
daaproue 6AM peek
4. What plant We been merle to addrae overaowchq of Hodge Elementary,
U i MAR 4 }ggg
PLANuING d, DEY' FLOPMENT
N
Ir h
' 26.
C~
I
ENCLOSURE 9
Greetings:
1, The subject property was purchased by Lucius Cox in 1922,
2. The Cox's have welcomed people to this area for 77 years and they have no Intention of j
harming their neighbors.
3. In the winter of 1922-23 Lucius Cox dug a hand-dug well Mich turned out io be a super well ~I
of its day and water was shared with neighbors on Cooper Creek Road, The people on
Cooper Creek Road need the water to supplement their cistern system during the dry
summers.
4. Half of Ferris, Cooper Crecl. Road, and Silver Dome Road came from the Cox property.
Years later the first gravel for these roads came from the Cox property.
5. The all weather roads, gravel and later black top, allowed easy access to the area and small
homes and the trailer park were built,
6. The Cox's did not object to any of these development because they were homes for families,
7. In the 1970's, the City of Denton and the trailer park decided to build a sewer lisie down
Cooper Creek Road and the Cox's were the only property owners to participate in the
project.
8. In the mid-1980's Lucius Cox spoke to the City Council in favor of SF-7 zoning for what is
now called Dee rwood.
9. The City Council In the mid- 1980's set the zoning for Deerwood at SF-7. The Cox property
is across the street and we ask for the same zoning SF-7.
10. The owners of the subject property art In their 70's and it is getting difficult for them to
maintain the property. The SF-7 zoning will assist them in marketing the property and with
Dcerwood in its final stages, it is the correct time to develop the property.
. a
27.
i
r
~I
THE CITY OF DENTON
PLANNING AND DEVELOPMENT DEPARTMENT
NEIGHBORHOOD MEETING -Y-99-008 PLEASE SIGN-IN
PLEASE PRINT YOUR NAME MAILING ADDRESS PHONE ORGANIZATION SIGNATURE
NUMBER (IF ANY)
LKCIUS G, t'o}c 2POX 1o,5hP)4C,j Do~~•'i 7Gi+~ 4t"-Yfo+ Y...~e~ •t'Gv
p ei+a n - A
e AU V1 lee//
;s e ~u3 w. oA~ 38xssz~
I/ P Pt7 gDC 7087 .rON 7LLi SGL-'7o1Q n tl)g g
~ o3tn^ Y`t, Y ~ 33z1'q~ r ~?)t,i 5a7r3~4 c
cr1 ~o Nr ,
/ fad yL 4 -/'OFD
Location: doh: 3 co 4
4
ATTACHMENT 2
Planning and Zoning Commission Minutes
March 10, 1999
Page 2 of 3
Item pulled by applIcant.
'Discussion of this Rem Is included In a Court Reporter's transcript shached to this let of minutes.
(Page 1)
6. Hold a public hearing and consider making a recommendation to the City Council concerning
the rezoning of 49.528 acres from an Agricultural (A) zoning district to a Single-family 7 (SF-7)
zoning district. The property Is located on the southeast comer of Silver Dome Road and Farris
Road Intersection. The proposal Is to develop s single-family subdivision. (Z-99-008, Cox
Property, Wayne Reed)
Motion by Bob Powell and seconded by Salty Rishel to postpone until March 24, 1999. Public
hearing will remain open,
'Discussion of this Item Is Included In a Court Reporter's transcript attached to this set of minutes.
(Page 8)
Motion carries 5.2 with Elizabeth Gourdie and Carol Ann Ganger voting In opposlillon.
6. Hold a public hearing and consider making a recommendation to the City Council concerning
the rezoning of 18.0 acres from a conditioned Commercial (C(c() zoning district to a Multi-famlly
1 (MF-1) zoning dislrIct, The property Is located on the south side of Colorado Boulevard,
approximately five hundred and fifty (560) feet west of Southern Hills boulevard and also fronts
I.35E, Immediately east of the Pace's Crossing apartment complex. The proposal Is to
construct a multidamlly complex. (2-99-009, Colorado Boulevard, Wayne Reed)
Motion by Susan Apple and seconded by Carol Ann Genzer and Sally Rishel to recommend
approval to City Council. l
'Discussion of this item Is Included In a Court Reporter's transcript attached to this set of minutes.
(Page 53)
Motion carries 7-0
.
Hold a public hearing and consider making a recommendation to t to City Council concerning
the rezoning of 36.67 scres from a Single-family 10 (SF-10) zonIN district to a General Retail i
(GR) zoning district on 3.68 acres and a Single-family 7 (SF-7) zor Ing district on 32.99 scres
zoning district. The property Is located on the east side of Loop 2t 9, the south side of Audra
Lane and the west side of Mayhlll Road. The proposal Is to develot a retail node fronting Loop
288 and a single-family subdivlslon on the remainder of the proped,r. (Z-99-011, Loop 288 and
Audra Lane, Wayne Reed)
Motion by Bob Powell and seconded by Susan Apple to recommend denial to City Council.
'Discussion of this hem Is Included in a Court Reportces transcript attached ii this set of minutes.
(Page 98)
Motion carries 6.1. with Elizabeth Gourdle yolino In gpoilltion. ~r
8. Hold a public hearing and consider making a recommendation to the Gty Council concerning
the rezoning of 19.33 acres from n Commercial (C) zoning district to a Multi-family 1 (MF-1)
zoning district, The properly Is located on the east side of Meadow Street, the south side of
Inman Street and is just north of 1.35 East. The proposal Is to develops one hundred and
nlnoly-two (192) student apartment complex. (Z-99-014, Meadows St113512, Wayne Reed)
29.
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I First off, I will open the public hearing. 1 on the north tide is In the ET3. And then It goes up
2 At that time, we'll ask the stall to read the petition, 2 north along Farris Road and then JM over and 9 j
3 give us a report, and also provide the muff 3 every0dng north of them Is It the ETi.
4 recommendation. Following that, the petitioner will be 4 Mx. rdsHEu W. Reed, you might want to
S granted ten minutes to Speak to the petition. Following s throw this m the your notification, That might Show
6 that, persons in favor of the petition will be each 6 a little better.
• As this
7 ~ranred five minutes to speak. After that, dumber s as 7 M0. REED Actually 1 tuve th ~
6 the overhead is persons In opposition will be granted en 6 map points ouS the ET1 is everything that I've Just
9 opportunity to speak. Following that, if there Is any 9 dashed: So this property Is located lust at on the
I o opposition, the petitioner will be Glowed to Speak in to fridge of the city limits. Everything to the south and
I I rebuttal. At that time, l will close the public l l to the southwest is undeveloped. The present property
12 hearing. We'll ask the Staff for any final remarks and t 2 owner has owned this land since 1922 and he subm tted It
13 the Commission will discuss the petition and make their 13 one-page memo as to the history of his land. StsiT a
H decision and recommendation. 14 analysis of the request for rezoning for Sinple-Family 7 j
Is A couple of notes. Any Speaker may be I s appear consistent with the 1988 Denton Development Plan
16 allowed additional time to speak by a vote of three 16 Policies and Trip Intensity Standards. It also is
17 members of the Commission. We would ask tech speaker to 17 consistent with the 19911 DOW Plan Policies, rvur
18 concern him or herself with presenting new Information 16 Growth Management Plan, which identifies this area as a
19 not given by previous sprakers. And, finally, the 19 future residential neighborhood tenter area, and the
20 Commission may ask gw4lons at any time of anyone and 20 strategies, the Growth Management Strategies.
21 cell on the staff at any times and may adjourn to close 21 The Trip Intensity for Single-Family 7 in
22 session as allowed by law. 22 this area according to our 1988 Denton Plan, Denton
23 As I mentioned earlier, Item Number 4 has 13 Development Plan, demonstrates that it will generate
24 been pulled this evening so we'll move on to Item 24 fewer trips than it should be allowed,
25 Number s, which is to hold a public hearing to consider 25 1 apologize, our room projector is not
Page 10 Page 12
1 making a recommendation to the City Council concerning i woMm I well, but 1 have on the document carnet a the
2 the rezoning of 49.328 acres from am Agricultural 2 Denton Mobility Plan which shows right here that the
3 district to a Single-Family 7 district. The property is 3 or if we could zoom In, that would be bent the
4 located on the southeast corner of Silveidome Read and 4 Subject tract Is looted right hero and it present,
s Farris Road Intersection. The proposal is to develop a s Kings Row't's right here and then turns Into Farris Road
6 single-family subdivision. The Planning Department will 6 which runs north to south and Siiverdomi Road, west to
7 provide us with the Staff recommendation, As this time, 7 east,
8 I'll open the public hearing, Mr. Recd. 8 The future collator food or Kings Row
9 MA REED 'think you, Commissioner 9 will be a collator road rrom the Loop to just the west
to Fngelbrenht. 1he fast toning case that we ha-.e here to property tine of ow subject tract here. The future
t I tonight involves an undeveloped plot of land In the 1 I Liigw=t of Windsor u It extends over the Loop and
12 northeast section or town as the location map 12 then north will cut actually scross the northern half of
I S itIUstrates. It's just (m the outside of the Loop. 13 this proper V.
14 This particular area has San reornt development and, in 14 if I use the existing utility map, now. this
15 particular, the development In this era has been is Is, of course, an estimate but It will actually cut
16 singte-ramily housing located to the welt and northwest 16 through the property and that's what I'm trying to
17 or the property, i lodge Elementary Is also located to 17 demonstrate here. So this property will have areas
18 the northwest of the ; roperty. 16 onto a futur, Secondary arterial in the City of Dental r
19 The city limit line, this map doesn't 19 and development of this property will require the
20 illustrate it wetl. And I'm sorry I actually don't have 20 dedication of that right-or-way, f 1
21 a better representation of 14 but the city limit line 21 MA IU54El• IWO on extension of VA11 l
22 rams along Cooper Creek Rood and Is located to the east. 22 MR. REEfh That will be on extension or
23 And everything to the east of Cooper Crock Road Is In 23 Windsor. Sc the property has adequate and more than
24 the ET1 and runs west to east alc•+y Farris of 24 adequate access and access to existing water and sewer
2s Silverdome Road as I'm pointing out here and everything 25 utilities, IW'e would be Some Very Short extensions or
PLANNINO AND ZONINO MBB'I'INO MARCH 10,1999
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I the lines as they are located presently at the 1 Management Plan and Stra4ler. 1 will be happy to
2 intersection of Chant and Fortis Road, as well as at 2 answer any questions. 4
3 Kings Raw and Grant Road. 7 MR. ENGELBRECHT: Questions for Mr, Reed'?
4 This property bas remained in an 4 MR. RISHEU Mr. Reed, I noticed that on the
3 Agricultural wning district since 1969 and this Is the 5 0r1 E411 responses we had In our Packet that one or
6 Cost request to rezone IL Staff would like to point 6 C.ow original responses was an opposed with the same
7 out that existing zoning Is Agricultural to the south 7 last time. aiu Cox, Is that a relative of the
e and to the southwest a, yeah, southwest, To the due 8 Ma tlUM 7hat's a good question. I did
9 south 11 he Doetwood Subdivision which is located on 9 spe&.v ith the lady but 1 failed to ask her if she was a
10 the north side of Kings Row and that Is zoned 10 family member. 1 believe the applicant might be able to
I I Single-Family 7 though the lots are actually developed I I answer that, better than 1, at least.
12 at a 10.000-plus square foot level. 12 Ma ENGELBRECKr. other questions rot Mr.
13 And again, as I pointed out earlier or as 1 13 Reed? In the Denton Development Plan Analysis, you have
14 stressed earlier, the En is located just on the north 14 indicated that with regard to Public participation,
Is side of Sitvcrdame Road and on the east side or this is that's significantly Inconsistent. I'm as~uming that's
16 property. So property in that area can develop at 15 because of the comment In the report Culler on that
17 present in any rastwon or a property owner would tike 17 Indicated there was no neighborhood mating held.
18 to as long as it conforms with our rut regs. CWMUy, 16 Ma REED: That Is corraL That Is the
19 there is a manufactured home park referred to u the 19 reawn.
20 Silverdome Mobile Home Park on the north side of Farris 20 MA ENGELBRECHT: Do you happen to know what II
21 Road kmnsediately across from this tract. 21 went on there and why we didn't have one?
22 Starr sent out 12 legal notices on February 22 MR. REED: The applicant chose not to have
23 the 27th. At the time of the staff report, them were 13 ON, 1'd like hen to respond es to why.
24 five responses. Four were in favor while the other was 24 MR ENGELBRECHT: All eight, You did talk
25 opposed. 1 have here, and IT pass this around, one 2S to them about that though?
Page 14 Page 16
1 response from tlwm or a second response from one of I Mill, REEF Yes, we have talked about that.
1 those original rive. That property owner owns a lot 2 Mk ENGELBRECHT: other gtY*tlons for t&
3 within the Doerwood Subdivision. She changed her 3 Reed? Thank you, air. Is the petitioner of
4 response from In favor to being opposed. And the other 4 petitiow's representative pr"WO Please I've us
S two that i have here, one expresses opposition. It Is s your name and business address for the road.
6 anegr r owner within the Dccrwood Subdivision. And then 5 MIL EDY's¢,rs: ehauman, members rf the
7 a third response here is in favor and this person is 7 Commission, I'm Greg Edwards. I'm a civil engineer.
6 located in the Docrwood Su division. it Our address is 300 North Carroll Boulevard, Suite D here
9 So, In essence, we have seven responses with 9 in Denton. 1 think question number one, the resp<mdent
to five being in favor and excuse the, with four being In 10 who lives In Deerwood, as far as we know, is not ■
I I favor and three being opposed. The three in opposition I l relative of the Cox family, If they am, it's not a i
12 represent our each represents a single lot within the 12 close reteave of the Cox family. Maybe somewhere back
13 Drerwood Subdivision and does not come close to the 20 IS in the lineag: but not to anybody's knowledge
14 percent. As a matter or fact, if staff had to calculate 14 1 think on the particular question u to the
15 it, it might be throe or four percent opposition of the 15 neighborhood mating and the way that we proceeded with
16 land within 200 fat that Is also located wlthln the l6 going about lying to get Input from the neighborhood, I
17 City. 17 talked to W. Cex about a neighborhood meethtg, The
18 Having said A[ this, staff recommends 18 Coxes am elderly people, feel uncomfortable being In
19 approval of 299008 for Single•Famlly 7 toning district 19 that particular situation. Mr. Cox did go Individually a r ~ r
20 deaignation. The request is consistent with the 20 and talk to sevend or his nelgltbora, which basically '
21 policies of both the 1988 Denton Development Plan and 21 represents three of the In favor reslsonses that we
12 the 1998 Denton plan policies, Growth Management plan, 22 received.
23 and Growth Management Strategies. The proposed 33 We did get the mall out list from the City
24 developmnt will provide for a compatible arrangement or 24 of Denton, As far as who the City was rn UW, we put a
2S land uses which Is consistent with the adopted Growth 2S cover letter with the Cox family history that t believe
PLANNING AND ZON1NO MEMNO MARCH 10, 1999
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I you got, mailed that to everybody on the City of 1 would be glad to try W answer any questions you might
2 Denton's mailing list, asked them to give us a call. We 2 have on this portion of the presentation and would be
7 did get a call from Mrs. I think it's Tccvia I 1 glad to tome back and answer any other questions that
4 probably misspelled of mispronounced that last name. 4 don't get answrortd in the rest of the presentation.
s she was convened about the compatibility of Doerwood 5 MR. ENGELBRECHT: QUraticrt for Mr. Edwvds?
6 with our proposed use. 6 Ms. OCURDIE i just have one. Mr, Edwards,
7 We are ProMirig, as 1 understand I% the 7 what do you consider objectionable In this oeighborhood7 a same zoning as in Doerwood. I think some of the s MR.
EDWARDS: well, you've got some older
9 residents in Deerwood feel like their zoning Is SF- 10. 9 single•f,m ily bowing that's framed construction.
to Everything that I can get from the City records and from io You've got the mobile horse park across the way that is
I 1 the City staff indicates to me that Docrwood b SF-1 and I1 not as high a zoning standard as what would be allowed
12 we are zoning the same zoning classification 12 in sr-7. so we're --basically, we're more restrictive
I S requesting the same zoning classification that they are. 13 than some of the other uses surrounding the property.
14 1 explained that to Mrs. Tonys Teevis and she was 14 Ms. CWRDIE: 'thank you,
15 concerned about the compatibility of the housing. We I f Mk ENGELBRECHT: Other gWSLIO11117 YOU
16 went over the compatibility of the zoning and the 16 brought up one item and I know it's been part of a
17 purposes why the Coxes are requesting the zoning, 17 concern among eelghbe-i across the City. You mentioned
is Basically, they want to get appropriate permanent zoning I6 that there would some homes in the area of frame
19 on the property so that they can market the property. 19 construction that was a concern. Does that mean that
20 After our discussion. I believe she responded in favor 20 you're going to have mmxq construction on these?
21 and I'm assuming i don't have the latest update, but 21 MP EDWARDS: gulcaliy, the Purpose for the
22 I'm assurrng that she changed from being In favor to 27 remning request is to get the property rezoned to that
23 being opposed. a the coxes can market the property. We don't propose any
24 We did get the response from Mrs. Cox and 1 24 dad restrictions on the property. 719 Coxes arc not in
2s did try to call her on Monday, I'm assuming that she 25 a position to develop the property at this point so we
Page 19 Page 20
I we did the mail out. I'm assuming that" got the I can't guarantee what future development Is, The City of
2 letter and didn't call ma I think, from the response 2 Denton has eertaln development standards in your coning
3 and the things that she had commented on you know, 3 Traditionally, you have not had minLmum square footages.
4 Doerwood is SF-1 and we are requesting SF•1 In the 4 You haven't bad minimum construction standards and
s Mob1ty plan that staff has provided for you, basically S you've let the market conditions dletate the quality of
6 in the future, there are going to be significant a the howing. 1t's conceivable that somebody mid to
7 roadways in this area to hoeale the full development of 7 into Forest Ridge end request a building permit for a
s the area and I think Wayne dio . ^ood job or documenting 6 450 square foot house and that Is not In it's not
9 that the existing roads have tap ti,; handle the 9 opposed to the City, against the City of Denton &F• 16
to potential development on this. 10 zoning criteria.
I I So we ask for the information In It letter I1 MA ENGELBRECHT: No. But would you erg 0e
12 form more on an individual basis than o group basis and 12 that you wouldn't want to be that builder?
11 Mr. Cox went to talk to several of his neighbor also on 13 MR. EDWARDS: 1 wouldn't want to be that
14 an individual basis rather than a group baste. And that 24 builder and there are deed restrictions there,
13 was how we tried to get the neighborhood Input. We are I s B Wcoily, with the cost 4 the development, with the
16 requesting straight zoning. We feel that that's 16 cost of the land, we're anticipating that the cost or
17 appropriate we foci that's in accordma with the City 17 the lots Is going to be equal to or higher than what the
I I of Dcnten's plans. We have some existing uses which are to cost of the lots were In Doerwood.
19 much more objeetianal than what we're requesting and 19 Oenenlly, s builder will allocate As
20 basically we feel like we're requesting what It 20 approximately 20 percent of the total cost of the ► t- 1 t,
21 compatible with the strictest permanent zoning that's 21 facility to slot based m that kind or assumption. And
22 adjacent to us, So we would request your support on our 22 the discussions that the Coxes have had with potential
23 request. 23 buyers, we real very "ortable that the type of
24 The Coxes have some other peovte who would 24 construction is going to be very compatible with the
125 like to present and give some additional Information. 1 23 Doerwood Subdivision. Again, the economy and those kind
PLANNING AND ZONINO MHB1'INO MARCH 10, 1999
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I of things dictate what eventually gets developed out 1 not all of them did.
2 there. 2 In the 1970% when the mobile home park y
3 MR ENatteAECNT: Thank you. O'hcr 3 located to the north of the Cox family sot into trouble
4 questions? Tiiunk you. 1 have some Cards 'of speakers 4 with their sewer System, the Cox family, atong with the
S and i have two In opposition and one that's checked j City of Denton, stepped forward, contributed money to
6 both. I'm sorry, the other applicant wanted to speak? 6 build a sewer line to take Can or that health problem
1 Come stead sir. Give us your clams and business address 7 that they had whelr helped solve the community problem,
1 for the record, please. I Even to this day, this family tmndnucs to
9 MA BEATrY: I'm Wallace Batty and my 9 participate In the community to be good neighbors. Last
to address is Route 2, Box 525, Denton. I'm here to speak 10 Friday Mrs. Cox, who is 75 yms old, was out on Farris
I I on behalf of the Coxes, if 1 may. I'm a resident of 11 Road picking up trash, putting it in bags, and setting
12 this community. This property that's in glteation Is 12 it up on the curb for someone to come and pick it up.
13 located in Cooper Creek community. 'Chose or us who live I) Someone asked her, well, why are you doing No +t your
14 out there, we like to refer to it as Cooper Crack. N age? She said, because 1 don't want the children at
15 We're about half Cooper Crock community now is about 15 school to we this trash on the roads. This is just an
16 half In Denton, In the city limits of Denton, But 1'd 16 example or the kind of neighbors they arc, We know
17 like to say a few things about the Cox family, If I may, 17 then we want you to know them.
16 so that you might understand who they are, better I I Tie zoning request Is reasonable, we think,
19 urlden,-md their position in applying for this raring 19 and we'd like to ask y au to approve this zoning. I'd
20 change. And by the way, I'd like to say that 1 am In 20 like to close my remarks by saying it seems to IN It's a
21 favor of it and 1'11 say that up front, in favor of the 21 wln•win situation. It's a win situation ror the City
22 zoning change. 21 because it will hers w their tax box. It will
23 The Cox family has been here for over 75 is increase the revenue from the Services that the City
24 years, as the Information before you tells you that. 24 offers, it will also Increase the tax base for the
25 They're not new to this area. Anybody that has lived in 25 school and [nettsx the tax base for the County. It
Page 22 Page 24
1 the Cooper Crock community knows them. They know of I seems to me it's a win-win situation for the Coxes.
2 them and they know of the history of the family. Many 2 It's it win situation for the govemttxntal entities that
3 or us believe that whatever they would plan would be 3 expands their tut box And with these remarks. I'll
4 complimentary to the community and that's the point I'd 4 close and say thank you and would like for you to 1
3 like to get across to you. I think that I don't S Consider approving this mning request i
6 believe that anything that they would have anything to 6 MR LNOELBAECHT., Commisaiorera exrux me
7 do with would be anything but complimentary to the 7 just a moment, ttr. Commiuionen, any gtwtions?
S community. 3 Thank you. Don the pctitipoer have anyone else who
9 They have a long history of being good 9 would like or the representative have anyone who
t0 neighbors, Some of this Information you have before ID would like to speak? May.
I1 you. Going back to the 1930s when the Coxes' mothef and I I I have a number of cards, it same some
I2 daddy dug a well, they shard their well with their 12 in opposition, one is mixed it would appear. And by
13 neighbors beaux drinking water In the 1930% was 1I our procedure, IIII oak those who arc in favor to speak
14 precious, very prcclous. Many people had to catch their 14 first. You do not need to have turned in a Card in
15 water from the roofs and save that for their bathing and is order to speak. It just facilitates the process, but it
16 other things. Let me go of and tell you some more 16 Is not necessary. to there onyone present who would
17 Incidents that 1 know about and I think this Information l i lice to speak in favor of this petition? Anyone present
is may be before you is to speak in favor or the petition? In Chu can. t have
19 In the 1940%, the County, Denton County was 19 one card that's indicating both support and opposition,
20 engaged In graveling the roads all over the County, 20 I'll sae that individual, Mr. KA40 - welooW, air,
21 feverishly engaged In gnvetirg the roads to make the is if you would give its your nare and address for the
22 roads all-weather roads. The Cox family is one of those 22 record.
2) fwners that stepped forward and gave gravel to the 23 MR I(AUEOEA: thank you, Mr, Chairman,
24 County to gravel the roads In the Cooper Crock 24 Ccmmluloncrs. My none is Jeff KmW and my address
25 community. Many other farmers did the same thing but 2S is 3905 Doer Forest it's the subject right across the
PLANNINO ANU ZONTNO MEM*INO MARCH 10, 1999
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1 street from the proposed development. I did Indicate I Hodge Elementary over there, one of the largest
2 that I'm both in favor and I'm both in opposition to it. 2 elementadcs in the district. We have a lot of peak t.
3 1 sound Just like a normal politician would, straddling 3 hour traffic, twt to mention just the regular traffic we
4 the knee, But in this particular case, I have we many 4 have. I'd like to know if the developer Is going to
s questions about this thing that 1 don't know about to S have to whomever develops that is going to have to
6 make an informed a cislon and I would ask that the 6 put you know, add some additional lanes to Kings Row.
7 Commissioners I really would tike It neighborhood 7 If that's the case, I have 00 objection to that. But
s meeting. I mesa, that's a pretty common kind of deal. $ either way, I'm telling you I'm In favor of it but
9 It would get a lot of the questions out of the way. 9 there's a lot of questions yet that remain.
10 In one time, I liked the fact that on one 10 And the last thing that I would say is 1
1 I side that 1 know what's going in over there and 1 don't t l have never in my,, anything that I have done in my
12 mini a housing development. I think that's good. It 13 relationship with the City ever seen a development move
13 beats the alternative, And that's not knowing what's 13 forward and maybe many of you-sli have because you
14 going in over them. You know, when you build a 14 we this every day I've always Seen a lot of land
15 subdivision, you buy a lot and you're right next to an is that's Semler contract pending zoning change, but I've
16 empty field, you know something's got to go in there 16 never seen one changed prior to any kind of contract.
17 eventually with growth coming and everything else. And 17 They're making it available for somebody to buy with
16 my wife and I taught this particular subdivision in 16 mote attractive zoning, I agree, but I've new seen one `
19 this subdivision because we liked the neighborhood 19 that wasn't going through prior to some ' " of contract
20 environment and everything else. We know we're prepared 20 consisting of a condition of sale being, we,a buy this
2l that the development is going to come and wt tike the 21 plea of property, we'll develop it if the zoning will
22 fact that there's going to be another housing 22 change to Agricultural, to SM. And I'm just curious.
13 development over there for our children to May with 23 They're asking to to put a tot of trust in
24 other children and do all the things that families do. 24 them and I know them being long-time Denton residents
25 However, we do live, even though It may be 2S and being here, I hove a lot of trust In the Coxes. I
Page 26 Page 21!
1 zoned SF-7. we all live over in that tuna In an af•10, I don't know them personally, but I know how beautiful the
2 We all built some very nice homes We all saved a 2 pie" of property is and how attractive It is and I know
3 lot of the couples that live in the neighborhood are 3 it can be a beautiful thing But I would ask that if
4 young couples who actually put in a lot of their 4 they're serious about doing this, let's speak with the
3 investment Into this. And to most of us, we built our S developer. Let's wait until a developer actually ,
6 dream homes over there and we plan on slaying there 6 purchases this pr-" or puts a contract up, then we
7 forever, And, again, sF•1 just makes it a little bit 7 can - we, being the neighborhood, can moot with them j
O lighter, i would like to sec that go up to sn SF 10 or It and make some requ.'sts sod declsions with them. I want
9 highs, tv". I'm not going to ask for any higher than 9 to thank you for your tune,
10 what D live in, but 1 would like to sec an 6F-10. 10 MA ENOELDRECHT: Any questions for Mr.
I 1 I'm also concerned about Kings Row and D I I Krlteger? Thank you. We do have cords for a couple or
12 know that our developer, Mr. llright, had to make it lot I2 individuals to speak in opposition. And Mr, Gorton,
13 or major Improvements to IUngs Row on his own and out of 13 plow give us your name and address for the record. 4
14 his own pocket when he developed Doerwood. I'd like to 14 MA ooa w ehalrman Engelbrecht, members
IS know if some of those arc going to go to the same - l IS or the commission, I'm Bob Gorton, 7 reslde al3621
16 mean, if con have to we'd like to make it larger. I 16 Deer forest, Denton, Texas. I do tot expect to have the
17 know the Coxes that you mentioned, not the Coxes that 17 exact suite results t did the last time I spoke before
I I are developing, but the Coxes that live behind, just in 2! this body and I do also want people to note that this Is
l9 front of me and right they abut to Kings Row, they 19 one of thou issues that I do side with Mr. Krueger on.
20 have some concerns about the traffic. Two,, a lot of 20 My concern Is many are the same things that kff j v,
21 traffic on there now, tf you put In a 50-sere 21 spoke to and part of those concerns is that we did not
22 development over there and you're allowed to put five or 22 have a chance as a neighborhood to ttoet with the
23 six houses per acre on that development, then It's going 23 property owners. That in itself just leads to one's
24 to Increase the traffic flow. Kings Row to a natural 24 mind running rampant is to what might actually indeed
2S through .-It's the way a lot of people go, We've Oct 2S transpire With the property.
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1 1 do know Coach Beatty. He was my teachor, 1 very much a concern.
2 And if he speaks for the Coxes who 1 do not know, I do 2 And 1, myself, having property that's On
3 trust and believe in what he's saying as to them being 3 Farris Road, l tan tell you just about every time
4 honorable and respectable cltizens. However, once the 4 anybody that lives in silver Dorne or in the northern
S zoning is put in place and the change or property S portion of Doerwood, I can tell you when they lave and
6 ownership takes place, we're now dealing with a 6 when they come back because they're all buzzing by
7 developer who we do not know, who we have had very 7 'Chat turn is quite Je scene. I'm trying to do things y
6 little input into as to what is going to transpire. 8 personally, to try to put that traffic sound and stuff
9 So my concern, basically, is on the premise 9 out of the way but I think that if the less are shown
t0 that with the lack of potential Input into what may be 10 and it's saying that Kings Row will handle the capacity
I I the outcome of this property, not even being truly I I at se-i it you did calculate five homes per acre, that's
12 arforded that opportunity to meet, I do have concerns. 12 just a teal quick course number, that's 500 more
13 And as I once sat on the City Council and had another 13 cars, which means that depending on how It was going to
14 City Council member express to me, when someone comes to 14 be accessed, If it wen, it's going to go right past my
13 you that is developing property and says trust me, that is place. that's S00 more can that could go to and from
16 is the biggest red ling you'll ever see in your life, 16 that area In a given day.
I7 Because if you do not know, it's hard to impart that 17 I'm also concerned about the Implications of
18 trust. 18 that many homes With Hodge Elementary and what that dos
19 MR. ENGELBRECHTr Any questions for W. 19 to overloading of that school. That's some of my
20 Gorton? Thank you. 1 also have a card for a W. Cox, 20 eonoems and I'm very conoemed and f would really like
21 Roger Cox, If you would please, give us your name and 21 to have a Chance to meet with the Cox family and their
12 address for the record. 22 representative on this zoning. 1 clink that maybe wd
23 MIL Coxt Yes, alr. My name is Roger Cox. D could discuss it if we felt like, you know, there was
24 1 reside at 3912 Des Forest Drive It's a cut-&-we 24 some security in what we were trying to do, it would
2S street that is directly across from the proposed subject 33 probably be a win-win situation es they had mentioned
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t property As a matter of fact, my backyard Is right on I eartler for everybody.
2 the turn, If you wiit, transition from Kings Row to 2 MR. ENGfLBRECH?; Thank you. 42uations roe
3 Farris Road. It would be right here at die comer. 1, 3 Cox? 1 do want to may with regard to the sp.? and +
4 too, am just realizing that the properties that we 4 the sF•to, your home and the others in Doerwood that arc
S reside In an zoned SF-7 but dry all those lots are, S along the road them, they back up to the road, correct? ,
6 you know, or the nature or sF 10, which Was a buying It You do not face the road, you beck up to the road?
7 attractiveness to my family when we purchased there and 7 Mm. cox; i back up to the road
8 I'm sure it did for the others that have purchased 8 MIL EDtGELBRECtrr; !tight. And that would be
9 property In that arcs, as writ. 1 Can only Just 9 the requirement on the far side of the road. So. In
to reiterate some of the things that W. Krueger !ru 10 essence, this would be the beck of $0.10 backing up to
i I mentioned, the concerns, I I the Wit of sm.which Is a traditional method by which
12 1, being within the 200 foot area, should 12 we transition from ronlng eWWricetions, step up or
13 have received a certified but it was inadvertently 13 down, whichever way you look at It. I just wanted to
14 mailed to my previous address and so not having gotten 14 point that out.
IS that forwarded until yesterday, it war I would have Is Mx. Cox: All those lots that arc adjacent,
A had to already responded with no real notice whatsoever 16 right directly adjacent to this property I believe are
17 othc• than the courtesy. Did also receive a milling 17 all oversized lots, Some of Ueerwood, Phase 1, I
it from another concerned neighbor In our nighborbood that I8 believe are probably tro! SF-70.
19 1 don't know if that person is representing themselves 19 MIL ENGELBRECHT; Right. Well, I'm assuming r a '
20 here tonight or not but was very concerned about the 20 civet Let's assume for a Moment that you wen 31.10 r
21 at.? zeming adjacent to our property from the standpoint 21 Instead of 317 and you have 10,000 foot lots, what I'm
21 of that once that zoning Is put In place without a 22 saying U that you bock up to the street and If those
23 plan atrady set up with, you know, rcdricdons on k, 23 were smi across the street and they backed up to you,
24 what the structuru Is going to be like, what traffic 24 that that's o traditional method by which we transition
p s how It is going to be dealt with. All these things are 2s from one mnlog classification to another, or try to in
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1 the City. We don't always accomplish it but we try to. I that you fouled up. And I'm going to be just as blunt
2 Do you you bad mentioned the lot sin but do you have 2 s I can with you. Uadenuading that your account did q
3 any concerns with regard to home size or exterior 3 not want to have a public ranting where they went, but 1
4 constnwtion materials? 4 think you fouled up when you didn't hold it. 1 have
3 sta. cox: Absolutely. I would be very s seen it time and time again and I have to assume that
6 disappointed if they weren't something to the size of at 6 you have, too, that wl•m a public meeting is held ahead
7 lean a minimum of h,1S0 square feet. one stay, all 7 of time in a zoning change residential situation, people
a brick except for glass, These are things that would II come to these nvAtings a 1d happler and the problems
9 Just protect our Investments. As Mr, Kruger mentioned, 9 ara.worked our ahead of time, It Just makes It smoother
10 all the people that on directly adjacent as neighbors 10 and 1 wasn't going to say it to you and then I was going
I I of [nine, I believe that every one of us have built dream 1 I to say it to you, then 1 wasn't, then I finally did.
12 homes and we would really be disappointed if Mistwite 12 And 1 just think that it's a keen karocd.
13 was allowed on one side or any of that. 1 think that we 13 If you have a neighborhood mating, the
14 would all be very disappointed in something like that 14 neighbors have a chance to blow orf steam or maybe
Is MA ENGELBRECVP Thank you. IS there is that's the wrong term but they have a chance to ask
16 anyone else present to speak In opposition? Anyone else 16 questions and learn answers end they would have gotten
11 present to speak In opposition? In that cue, would the 17 to know the Coxes better perhaps. And I can understand
1 f petitioner core to provide any rebuttal? If you would it why a couple in their 70s may not want to stand up In
19 Just give us your name to that it can be picked up by 19 front of a group of people and defend the situation but,
20 the 20 in my opinion, that's what you were hired for.
it MR. EDWARDS: I'm Cites Edwards. Basically, 21 Now, you may not look at It that wry and I
22 we did do the mail out. We did have one response, The 21 may be putting more In this than I should, but I just
11 types of things that the respondent save us as far u a I think -1 just couldn't help but say this.
24 traffic, compatibility of housing, those kinds of 24 Neighborhood meetings In this situation are extremely
25 things, we're willing to give the same request the 25 helpful.
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1 same kind of protection Drs our property and zone l MR eowAitm; i guns t've been on the
2 standards from the city of Denton that an on Deerwood. 3 situation where we have had nurnerow neighborhood
3 And we feel like that's appropriate, 1?at's in 3 meetings and worked out with the o4oollnins
4 accordance with the City's plan. We would like to have 4 property owners S your support. S opposed and basically been turned dowse unanimously by ,
6 We don't I dan't think we have a 6 this Commission. I think you may remember that case.
7 particular problem meeting with the neighborhood to I We did do the basically, we're asking the
t discuss those things but many of the things that they're t same Zoning as the people who are coming up In
9 concerned about are development-related blued and not 9 opposition. We did a mail out and we felt like that was
10 In our minds, particularly land use. And we feel like 10 an appropriate way to try to gel the response' And when
I1 the size of the lots, the single-family housing Is 11 we didn't get a response to our mail out if we would
12 appropriate land use for that and we would like your 13 have sot a response to our mall out, we would have tried
13 support. 13 to address those and set those. And we hoped to skate
14 I'm kind of wondering why mere people didn't 14 by at this and, obviously, we have more opposition than
15 Cali me in response to our letter to express those is we had antletpated.
16 concerns and we will try to contact those folks and try 14 MR. PowEal would you exTuse the.
17 to work out anything between now and City Council l7 Mp ENGEL9ttecHT: oo ahead, Mr. Powell.
I it meeting that we can. But that covers it. 'shank you for Is MR. PpwELL: would you mind or would it
19 your time and for your consideration. 19 cause you heartburn if you got conditional mating, t t A' t
20 MIL ENannRECHT: 1loid unjust a minute, 20 conditions In misiton to siding, rtmotuy aiding and 4' f r v
21 Questions for W. Edwards? 21 that Mind of thing, or are you let on unconditional
21 Mk POWEtL, Mr, Edwards, a comment. I've 21 Spat I'm just trying to ease this situp'iro through s I
13 been here about four years and you've ban ere many, 23 here. Perhaps you don't want to ins a. • that question
24 many tinter and I think you do a gnat job for the 24 right now. 1 have a foelins we're going to be here a
is accounts dial you represent. But f honestly think here 3S couple of minutes.
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I MR EDWAaDS: Let rot cottrerence With MY 1 MS. oouR m May I be honest with you for a
j I clients and get back with you on that, 2 brief moment here? I'm now perplexed, not to mention
3 MR votteAECHt: Before let's take some S kind of frustrated with the fact that you brought up the
4 other questions and get all these ow. Yet, Ma. 4 fact that this is on a contract, so to ape* which
s Crourdie. 3 changes the whole scenario In my mind now. Being that
6 M3.00URDIE: Since you're willing to 6 there is a possible person somewhere out there listening
7 conference, I'm looking to ask that you do this. Seeing 7 makes it a different thing to ne and at this moment,
6 that there is not a buyer or a developer for this land, 8 because 1 have that feeling, l would not approve this In
9 I'm wondering what harm there would be to to ahead and 9 my own,,mind beaux of that, knowing that that's
Io have it runed SF 10 and when the developer comes ln, 10 happening and that we weren't exactly up-front, that
I1 comes back to the Planning and Zoning Commission and I I there is someone who wants to put money down and I'm
a have all these answers to questions. If they Want SF-7 12 not trying to be --1'm just trying to tell him that, in
13 zoning they an down-zone, but In order to be compatible I I my mind, that 1 have a hard time with that.
14 with what the belief of the neighborhood is and with the 14 MA EMGELBRECHn t would like to Interrupt
15 ability to sell the property, this might be one l5 just a moment and ask W. Booek to make a couple of
16 alternative in which we can make the neighbors happy' and 15 comneruts at this time with regard to Some legal matron.
17 thert they can have the property sold rot the Coxes and 17 Mpt, sum-, ht's been some time since we've
18 then we could put It through the development process, I8 talked about our Development Plan Guidelines and the
19 And if the developer chooses to to an SF•10. mitHer. 19 1988 Plan and the 1998 Plan and the Management
10 they can come back to us and we an work with it that 20 Strategies, but the Commission needs to keep in mind,
21 way. 21 and really the neighbors need to be aware of this, too,
22 MR. EDWARDS: well, I think one of the 22 We have our plan and we recommend that you have it
23 points that the Coxes arc under contract at this point 23 neighborhood mating. Now, under State law there's
14 and It Isn't necessarily something that they're 100 24 no state law that backs that up. Under State law, this
23 percent sure that the property Is going to close but 25 Commlatlon tits on the basis of trying to make decisions
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1 they arc under contract. 1 on inning and compliance with the Comprehensive Plan,
2 As far as the 10,000 square foot lots, 2 Now, we're going through the Management
3 generally at the corner where you have a cul-de-sac, you 3 Strategies and wc'm corn!ng up with a new Comprehensive
4 have a minimum frontage requ4ement. Yaw pie-shaped 4 Plan and so 1 know the 1988 Plan Is not the plan that
$ lots expand out and generally those are we have some 3 we're all comfortable with and we're act to the new
6 6F•4 zoning in Little Elm and 11,000, 11,000 square foot 6 plan. But all those are still plans and they're
7 lots at the cul-de-sac just because - to meet the 6,000 7 moommmdations but there's no way in which the fact
8 square foot zoning criteria with the curbed street and 8 that wnleone his no neighborhood meeting, that is not a
9 the curbed street mquimtments that the City of Denton 9 basis for which we can deny a eau.
t0 has for the thoroughfares that are going to cut across 10 'fee reason we suggest neighborhood mee ings
I I this propomty. We're not going to have I I and the reason we think we can suggest neighborhood
12 MS. GrK,itm& Exactly IF .7 the whole way 12 meetings under State law is that you sit here as seven
13 through it. 13 members trying to look at a can and determine what fits
14 MR EDWAPM: - 8F•7 lot$ everywhere. 14 the Comprehensive Plan and what's the pftyer transition,
Is We're going to have some wask4 space. So, particularly 1s kind of as the Chairman Said, what's the piopa
I6 in that coma, we are going to have some W that, 16 transition to accommodate conflicting Inte gists. To
17 although they are sF•7 minimum to meet the zoning 17 that end it behooves you, when neighbors in available
18 criteria and platting, arc going to be much larger than 18 to come in and give their thoughts because they can have
19 7,000 square foot lots. And it's just a matter of i9 great thoughts you can use, but the whale taste rewim
20 laying it out, choosing where the lot goes, and doing 20 Is there's no way in v,hlch anyone la required to, and we e j
21 more detailed dosign. We rue not to that point. We 21 need to be very cautious that we don't appear to say
u don't have developen who we to that point. We have 21 that we're going to be against a caw because someone i
23 some property owners that would like to market heir 23 didn't have a nelghborhood mooting, becaum the law does
24 property and tap the benefits or being good neighbors 24 not require a developer or property owner to seek that.
25 and citizens of Denton for the last 75 yarn. as But you do have the ability, for whatever
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I reason and a real concern In this use. the nature of I physical road and in no instance would any of the
2 transitioning that weve talked about is you have a Mal 2 Individual lots, just like Dee V04 have access
3 tough transition problem because if you have mobile 3 direttly on.
4 homes on one aide and sFdo on the other side, usually 4 So compatibility is addressed 0= 0 these
S the transition is SF-7. SF•los right text to mobile S multiple layers of regulations and In the physical
6 homes is a tough deal to swallow and so the theory that 6 realm, you won't be able to tell what size of lots is on
7 we work under on these things Is you do have conditions 7 the or on the other side of this fence which will be
a you can p1we and you can look at those conditions and a separating these two neighborhoods.
9 perhaps do some conditions that will help the transition 9 ; ass.OOMIE: I just have one other thing.
to program. But I just wanted to be sure that we don't 10 MR MELBRECHT: Let me just laterject a
is make a decision, the fact of not having a neighborhood I t question here. W. Reed, had there been a neighborhood
12 meeting, that is totally ile call of the developer and 12 meeting and the staff had been there, would you not have
13 the property owner and we cannot require that and vA 13 been able to address them questionf with regard to what
14 cannot vote no because or that, 14 streets would have been built to what standard, at
15 M& eoviiwet may I ask you a quevion? IS atera7
16 I've ban reading a lot on the mobile homes and so I I MR REEM To the best of my ability, yes.
17 rorth. Now, do you know Oen this mobile home community 17 MR. ENOELBRECHT. Okay. Thank you. Yes, Ms
is was put In7 Was It before our '87 or '77 guidelines? la Gourdie, go ahead
t9 My question Is Is that, from what I understand, the 19 Ms. OOURDit« t guess I'm not concerned
20 guidelines for mobile I ones an stricter than the to about the neighborhood meeting. I'm not concerned about
21 guidelines for single•funily housing, the setbacks and 21 anything now, but the fact that there's a contact {
21 to forth, and they're not always on a SM. 22 pending on this property. And now that opens it up to
23 MR. EWE* Correct, 23 the masonry law. It opens It up to all them other
24 MS. oo=tE They vary in size, 24 issues that the neighborhood is bringing up and that's
15 MR. BUCEIL: out they don't have to be • 2S whet my cats m is.
Pap 42 Page 44
1 under a mobile home, they don't have to be an aFa. 1 MR. MELBRECNT: Let me I do went to
2 They can be 1 want to say SF4. they can be a lot 2 point out, Mr. Busk had Indicated that there is some
3 smelter requirement than 5F.7 lots 3 question legally about denying based on a neighborhood
4 MR ENOELBRECHT: I think in this particular 4 meeting. But I do want to point out tO everyone that
S cam, Mr. Reed can give you some information I believe s there are a list of aitereatives that we have hare; ,
6 that's why he's up here. 6 recommend approval as submitted, approval with
7 MR REED First or all, this manufactured 7 candid^ denial. Generally, that would need 10 Carry
6 home park Is not subject to out regulations because as I a with it some reason that is consistent with cue
9 clarified before, it's In our ET7. If P & Z would like 9 DCvelopmetst Plans. There is also two other that I want
1 10 to have an idea of what it appears like, here is a lo to point out, There is also Number 4, which Is to
I l photograph looking west down Silver Dome Road with the I I postpone consideration and Number S, which is to table
12 subject property to the left, the manufactured home park 12 the item, So we do have a number of options that am
13 to the right. This Is one of the entrances of two going 33 available to tea.
14 into It with the photographer's back to the subject 14 Ms oouRDIE, 1 just wanted to be able for
15 property, And the second entrance, again, with the back 15 Ma. Awards to go back to his people and know, it he was
16 to the subject property, i6 going to eanfer with them, I wanted him to know what 1
17 And so if we want to talk about 17 stand now knowing that there's other things Involved
1I compatibility or 4icertcy'• also staff would like to is here, that the issue uvn't Completely C%W to the at 7
19 point out that with the construction of the collector 19 the time.
20 road at the juncture of Kings Row an l Parris Rosd, the 20 MR ENOELBRECNtr let ere teU you. MY r.t
' ~ 1'
21 Darwood Subdivision will be physlea;ly separated, not 21 thinking at this point is Is that we have Mr. Edwards
22 onty by backyards but by a right-of-way and a secondary 21 isn't finished yet. We still have some questions for
23 major arterial that has a 100 foot tight-cf•way - 60 21 him and at that time I thought we M104 even thato
24 fat. So there will be this so-root right-or-wsy 24 we're getting close to ow normal 7,00, we might lake
2S separating these two which, of course, will be a 2s about a S-minute break, that Siva rocks time to talk a
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1 little bit before we go on with this cue. W. Edwards, I we ca td go forward with it. If we had a break it would
2 if you would Ms. Gourdie, did you have any other 2 be easier to do that.
3 questions? 3 MS. E<GELBRECHT: ItIghL Exactly. I think
4 MS. GOVRDID No. I Just Wanted to let you 4 we have another question.
5 know what how that turned my mind and I want you to S Ms. GAh2ER: I was just going to make a
6 be aware of that. 6 comment to Greg regarding the neighborhood mect1r.1s even
7 MP EDWARD& I did check with the Coxes and 7 though, like we said, we can't require them. It just,
8 basin''; if you want to make a condition concerning the 8 to me especially, whether these neighbors come back and
9 exterior or the structures, we are open to that. 9 ypee 9(;disagrae or compromise or whatever, it just
10 MR. ENGELBRECHT: i want to ask you and, Mr. 10 &,am a good faith effort on your part and 1 think
I I Edwards, your consideration and the possibility of I I that's what we're all trying to get at.
12 postponing this case until the next meeting a that the 12 Mx. ENGELBRECtrr: Yea
13 neighbors might have an opportunity to speak with you. 13 MA MOREN6. Mr. Chairman, just a comment,
14 1 don't know that they had an opportunity to answer 14 if I may. Despite of what W. Busk has said, I'm very
15 those letters at terse phone calls. 15 disappointed that a neighborhood meeting was not held
16 That would also facilitate the possibility 16 and It seems to me that this ca a has the potential !or
17 of you having a neighborhood mating, if you would like 17 being the antithesis of what w+ saw with the Ryan trod
11 to do it. Obviously, that is not a requiremen4 but 1 18 a couple of weeks ago. I thin!; we can teach a spirit of
19 would I do want to say here that, while that is not a 19 compromise if we can have s..ne kind of a neighborhood
20 requirement, it is a way that we have to look at what 20 mating before we that again.
21 the City regulations are, for sure, but certainty, the 21 MA ENGELD RECHT: Any other comments or
22 neighbors immediately adjacent to a plow of property 22 questions for Mr, Edwards? Yes.
23 an going to have concerns, as would be natural and they 23 MR. POWEL4 Mr. Chairman, am attorney Just
24 always do and as this property owner will have concerns 24 advised me that I have made a booboo here, to say the
23 rot the property next to them. 25 kart. I said something I didn't mean, I don't want to
Page 46 Page 48
I And it's an opportunity fa everyone to t talk in secret to the members even the* I sold that.
2 bring out their differences and to work out something 2 I do want to talk with Mr, Edwards about it though and I
I that might accommodate everyone living next to one 3 still would like to break.
4 another. And that's why we ask to we if those things 4 MA ENOELBRECHT: that was my interpretation
5 are being accomplished. And to I would like for you to s of your comment tarsier was that you were speaking to
6 consider that and yes, Ms. Apple, 6 them, not to us, And 1 will say any other questions
7 Ms. APPLE: And 1 wasJust going to add that 7 or comments for Mr, Edwards? Whit I plan to do is take
8 keeping In mind or the notices that were sent out, four 8 ten minutes at this time berate we close the public
9 were received in favor of and tune in opposition. So 9 bearing so that Mr. Edwards could come back and make
10 there are some people who are In favor of this and it so comments to us after the break, if that is all right
I 1 might be that if you met and answered some or the I1 With everyone. Okay. Very fine. We're going to take
12 questions like W. Krueger indicated that maybe it was 12 ten minutes at this time.
13 just a more of not knowing than of being actually IS (Break taken)
14 opposed, It might be to your best interest. 14 MIL ENOELBRECHT: Okay. We are back In
15 MR. EDWARDS, I think either way, we're Is session. At this time 1 will reconvene the public
16 going to try to meet with the neighbors before the text to hearing. The petitioner's representative, wlert we took
17 public meeting, If you choose to table it, we will try 17 the break Mt. Edwards had addressed do you hive any
I I to do it before your next mating. If you choose to I I comments?
19 proceed and make a recommendation to the City Council, 19 MIL EDWAPDS; I spoke with Comutdsslooer r ' a
20 we will try to do it before we go Io the City Council, 20 Powell. lie requested that the owners consider + (~;-1 s
21 MR. POWELL! Mr, Chairman, I would request 21 conditioning the wring request. Basically he suggested
22 between the period of closing the public hearing and its 22 some conditions and the owner's have agreed to making the
23 getting into, after hewing, discussion that we take a 23 lots that are adjacent to Kings Row and Kings Row a
24 five-minute break. I think I might have a compromised 24 minimum of 10,000 square feet. As I understand 14 it's
23 motion that I could talk to the members about to on if 35 not SF-10 but tie lot dace arc 10,000 square feet, sd
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1 backs would apply, 75 percent brick and we discussed the I has a chance to discuss things as we possibly can with
3 1,600 square feet as a minimum square rootage. Our 2 the developer and new developer and potential owner who
3 clients do not have an objection to those conditions If 3 might eventually have this pro". the better off our
4 that could gain support tonight. 4 community is going to be. Aad I think if vie an get
S MIL ENGELBRECHT: Questions for Mr. Edwards7 It everyone discussing things, It would work out for the
6 MIL MoRENO t hate to bring up this 6 best
7 neighborhood meeting again. but If we were to postpone 7 MA ENGELBRECN'r: Any other discussion?
8 this, would you be willing to hold a neighborhood 8 W. GM"IF t Buss they have made the
It mating? 9 nelgh*jwod meeting on March 16th before the City
10 MIL nwans: Tentatively, we have a to Council. I'm wondering them opportunity to go
I I neighbor meeting set for the 16th or INs month to mat I l forward ° I guess I just don't
I I with the neighbors and We prix to City Council. 12 MR ENouzRECHT: 1 Swu what the
13 That's our intent I ) perspective might be is them will be an opportunity for
14 MIL Momm> okay. 14 a neighborhood mating. There might be an opportunity
15 MR. POWELL Mr. Chainw, I would move at is to better iron out these concerns rather than In a ten
if this time that we postpone this particular item and we 16 minute session. It wltl give an opportunity for a
17 continue the public hearing until the next regular 17 little longer more Information with regard to how the
18 particular mating. i s roads will be Improved, how the neighborhood might be
19 MIL RISHEU Second. 19 laid out, and Ihet sort of thing, amount or information
20 MIL ENGELBRECHT: There has tart a motion 20 that they just am not privy.
21 made to postpone this public hearing to our next mating 21 MS. GOURDIE: I just don't understand
22 which would be Wednesday, March 24th And them has 22 delaying it end then going to the Council mating
23 been a second, Any discussion on the motion? 2) M0. ENGELBREM; t don't know. I an tell
24 Ms, aANzER t wU prepared to go ahead and 24 you U it former neighbor reptssentstlve, It certainly
IS vote on this as it was submitted. I'm a person who was as gives one the opportunlty to have a little more tlme to
Page SO Fags 52
1 raised to believe, unless something has changed that I'm I prepare their thoughts and look ewer the can and It
2 not aware of,1 was raised that the American dram was 2 gives - Mr. Moreno,
3 to own your own home, And 1 believe a person making 3 M0. Mo*No 1 for one would really foci a
4 56.00 an hour has just as much right to pursue this 4 tot better about voting on the we If A neighborhood
S dream as someone who makes a sixdigum a year income. S meeting was held even though Mr. Bunk said it wasn't
6 But since Mr. Edwards and the Coxes have agreed for us 6 required,
7 to postpone this, then I'll go along with this radon. 7 Ms. APPLE: You hid to gel that In.
8 MIL MORENO: I want to be clear L the 8 MIL PAIGELBRECHT, we have a motion and a
9 motion to keep the public hearing open? 9 second. Any other discussion on the motion? I just
10 MA ENGEt9RECHT: That is C~. The 10 want to say over the years, l have found that the lack
l l mason behind that, l might point out, is so that we I1 of information, the lack of knowledge of what is going
12 don't have to re•odvertise the public hearing and that 12 on same to create more fear in folks living close by
13 was the thought there. I ) than just about anything i'vt seen at neighborhood
14 MS. APPLE, I wanted to add to CommlUtoner 14 meetings, And I'm very happy to sec, that these folks
15 Gznza, I, too, was prepared to vote on this as 15 are going to do that, mat with these nelghbea I will
16 presented beause I thought if ever there was a reason l6 be voting In favor. All in favor of the motiot+ piew
17 for in SF-7, this uses it, next to an SNo and 17 ralse your right hand. Apposed?
18 surrounding area and the separation of the street, but 18 MS. AWK15iru Oppose.
19 I'll also "to postpone that 19 MS. GAMER: Oppose. r 4; n
20 MR. ENan BREC1rr: is there any other comment 20 MR ENOELBRECHTi As 11 stan& now, the
+l on the motion? 21 pubtie bearlrlg wilt be moved to March 24th
Ms. Gnu m& I am perplexed Wanting to 22 Comrnlsetoners, it's 7:05. Do you want to break now or
21 postpone. 33 do you want to to on with the next ease? 1 sock this
24 MIL ENGELBRECNT: All 4%t 24 because I do have a number of cards it would appeal.
25 MR. MSHEt, I think any time the community II (Dinner break taken.)
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ATTACHMENT 3
Planning and Zoning Commission Minutes 1!
March 24. 1999
Page 2 of 2
OTHER ITEMS FOR CONSIDERATION ~
5. Consider disapproval of the preliminary plat for Willow Lakes West. The 88.6 acre site is
located on the north side of Crawford Road, west,of John Palne Road In Denton Extra- I
Territorial Jurisdiction, Division one, A residential subdivision with 357 singledamtly dwelling
Relohhart)
lots is proposed. (PP-99-026, Willow Lakes West, Larry
Motion by Elizabeth Gourdie and seconded by Sehy Rishel to disapprove the preliminary plat.
'Discussion of this Item Is Included in a Court Reporter's transcript attached to this set of minutes.
(Page 5)
Mptlon carries 7-0
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PUBLIC HEARINGS - ZONING CHANGE
6. Hold a publ?c hearing and oonsider making a raoommandatlon to the City Council oanosming
the rezoning of 49.628 acres from an Agricultural (A) zoning district to a Singledamay 7 (SF-7)
zoning district. The property is located on the southeast corner of $War Dome Road and Falls
Road intersection. The proposal is to develop a single-family subdivision. (Z-99-008, Cox
Property, Wayne Reed)
Motion by Susan Apple and seconded by $slty Rishei to recommend approval to City Council,
'Discuselor, of this item is included In a Court Reporter's transorlpt attached to this set of minutes,
(Page 9)
Motion oarrlea 7.0.
DIRECTOR'S REPORT
7. Council Action.
'Discussion of this Isom Is Included in a Court Reportees transcript attached to this set of minutes.
(Page 20)
8. Future Agenda Items.
'Discussion of this hem Is Included In a Court Reporters transcript attached to this eat of minutes.
(Page 20)
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I concern him or herself with presenting new information l not make the recommendation without this letter being a
2 not given by previous speakers. And, rLnahy, 2 submitted to indicate that it's the owner not staff
) Commissioners may at any time ask questions of anyone ) recommending the two conditions.
4 and call on the staff at any time and may adjourn into 4 Since this is a continued public hearing,
S closed seu!nn as allowed by law. S 1111 cut short any other comments since 1 believe
6 Okay, 14th Number 6 this evening then is to 5 everybody is familiar with the request. And I will be
7 hold a public hearing to consider making a 7 happy, first of oil, to conclude by saying staff
t recommendation to the City Council concerning the a rcconupends approval of the zoning request with the two
9 rezoning of 49.528 acres from an Agricultural zoning 9 conditions, first being the 10,000 square foot minimum
10 district to a Single-family 7 zoning district. The to lot size for any lot adjacent to Farris Road between
I I property Is located on the southeast comer of Silver I i Kings Row and Silver Dome Road, and, secondly, a minimum
12 Dome Road and Farris Road. The proposal is to develop a 12 main dwelling six of 1,600 square feet on any of the
13 single-family subdivision. it above lots.
14 At this time l will open the public hearing 14 I'll be happy to answer any questions.
13 and Mr. Reed from the Planning Department will provide 15 MR. ENGELBItECH: Commissioners, are there
16 the staff report and recommendation Mr, Reed. 16 any questions for Mr. Reed? Yes, okay. Mr, RWtl
17 MR. REED. Thank you, Chairmen Englebrech. 17 MR. RISHEU Mr. Reed, there was in our
I I The case before us tonight is one which was I t backup data there's still several notices, and 1 presume
19 continued at our last P14Z meeting on the 10th of March. 19 those are original notices that voiced opposition to
20 Since it was a continued public hearing, no additional 20 this original plan?
21 notice was pro%Ided via the newspaper or to property 21 MR. REED Yes,
22 owttars within 200 feet 22 MR RISHEu Were any or these people
23 Elowcvtr, a neighborhood mating was held 23 contacted about tlY most recent meeting of the 16th that
24 with adjacent property owners. And at that meeting 24 was held?
is which was held I'm trying to find myself here on 25 MR. REED: A4 a matter of fact, the
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I well, it says March the loth; however, I don't i applicant who is tN representative for the Cox's can
2 believe that's correct. On March the I Oth. 2 confirm that he mailed that to all property owners
MR. RISHEU March the 16th S within 200 feet.
4 MR. REfD, March the 16th. Thank you. 1 4 MR. RISHEL: All right,
3 knew that couldn't be correct. net's right So now s MR. REED. Which he used the same mailing
6 that I'm clear on this, at that mating several property d list which staff used for the original legal notice
7 owners attended who are residents in the Duerwood 7 MR. RISHEU Oksy,
I Subdivisk n located to the east of the subject property t MR, REED: to those property Owners. j
9 as shown un the zoning map. And it is this area here 9 And the responses that staff Indicated in the staff +
Iv that the property owners do live, to report was updated since the last public hea?ng. They
I I The residents of that neighbor had the I I do not reflect any new notices that we receive,l, bid
12 opportunity to speak with tle property owner, Mr. and i2 simply sn accurate reflection of the ones that we did
13 Nil, Cox, as well as their repratnutive, Mr. Edwards 1) rccek.
14 And it was agreed at that inccting that two conditions 14 MR. Moll EL: I know that
13 would satin"y their concern with the rezoning of this Is MR. REED; Thad some to hand to you lost I
16 prop:rty. And on page 2 of staffs report we indicate to time,
17 that those conditions are a 10,000 square foot minimum 17 MA, RISHEL: Yeah. I know that Roger and r
is lot six for any lot that Is sdjaccnt to de existing it Deborah were part of the public meeting, and that was A r
19 Farris Rood between Kings Row and Silver Dome Road, and, 19 part of the original notice, I'm Just looking at the I ! h
20 Second, a minimum main &vIling sire of 1,800 square 20 Tony Tivis' thing
21 feet on any of the above lots. 21 MR. REED: Uh•huh.
22 And the applicant and the owners submitted a 22 MR. RISHEL: -And 1 Just was wanting to
23 letter Friday, the packet day, which I put in with this 23 make sure they were notified of that potential meeting.
24 report. It's the very lost sheet here enclosed, And 24 MR, RECD: I could 1 think Orel Edwards
25 that Indicates that they agmd to do this Starr did 2s could answer that gae4tion more honest) than 1.
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I MR. RISHEL: 1 Would like to have that just I calls from anybody or any response from that mail out a
2 to find out that we've had proper input notificadon of 7 other than the people that showed up to the mating,
3 those people that we were trying to work with the 3 If you have any other questions, we %Ail try
4 neighbors and make sun that everybody understood what 4 to answer those. If not, we would appreciate your
5 was happening then, 6 support for Mr. Cox's toning request, and thai,k you for
6 MA ENGELBREM OYJy. Ms. GOurdie, you had 6 your time,
7 questions? 7 MR. ENGELBRrtrN: Commissloners, any
6 ws.Gouitom: No. s questloas for Mr. Edwards?
9 a,R. ENOELORECH: Okay. 9 hank you, air.
10 Ms. GGURDIEr He did it for me. 10 At this point we would ask for Individuals
11 MR. ENGELBRECI : Okay. Mr. Powell. I1 who want to speak In support, I do have one card. Mr.
t2 MR. POWELL: Thank you, Mr. Chairman. 12 Cox. If you would, give w your name and address for
I3 Mr. Reed, condition 2 1 don't have 13 the mxard.
14 anything against condition 2, but it's crmfu;dng to me 14 Ma Cox: It's Roger Cox, I reside at 3912
15 It might be confusing down the tine. What are above 13 Deer Forest Drive, Denton. Our particular residence Is
16 lots? Are they the lots described lit condition t? 16 right across the stmt from Farris Road. 1 would like
17 MR REED: Yea. 11 to congratulate everybody that was at the neighborhood
I I MR POWELU Okay. I would hope then If is mating, and 1 think that we were able to resolve alt of
19 there was a motion made that It would read the s4Lne way 19 the neighborhood concerns with the exception of what was
20 both times, and that way It wouldn't be confwing. 20 mentioned just a moment ago, and that his to do with
21 MR ENOELBRECH: Any other questions for 2: mobility plan and things that are not that can't be
22 start? 21 add-ssed within this zoning change, but there are otter
23 Nix xEED Thank you. 23 Issues and concerns.
24 MA ENGELDRECN: IS Petiti0 er Or 24 1 am speaking in support of this SP-7
26 Petitioner's representative present? 1f you would give 23 zoning, but I have very serious reservations that have
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I us you- -.-me and bu.'ncss ad&css for de record. I to deal with the mobility plan and how traffic will be
2 MR. EDwARDs: Chairman, members of the 2 addressed with this if this wire created into a planned
3 Comm!sslon, I'm Greg Edwards. I'm a civil eng tim. 3 development with all these homes that could be a
4 Our offices are at 300 North Carroll Boulevard, Suite D 4 potential on this site, and how the access to that area ,
s here in Denton s Is going to negatively impact the neighborhood property
6 Basically we did have the neighborhood 6 and how it will be eddrei3ed.
7 mating, I think the people In the neighborhood are 7 So i don't have any questions. It's
1 more concerned with the City of Denton ordinances and It strictly my roncems are mobility, but I have no
9 plans than at this point than they are with Mr. Cox's 9 objection to the Sm.
10 zoning request. They did request two conditions which 10 MR. ENOELBR cm Cort nlissloriers, any
I I we felt would not adven dy impact the marketability of 11 questions for Mr, Cox? Thank you.
12 the property, and to for their offer of support for the 13 1s there anyone else present who would like
13 rezoning, we did agree to those conditions. I3 to speak In favor of this petition? Anyone else present
14 Mr Risltcl's question about notification Ice to speak in favor of the petition?
I! after the Planning and Zoning Commission mating on the is In that case, Is there anyone present who
16 IOth, we did do a mail out to everybody with who was 16 would like to speak In opposition to the petition?
11 on the 200 and 500 foot radius list for -1, basically, 17 Anyone present to speak in opposition to the petition?
I b would mail that list that we got from the City of 11 Seeing no opposition, we will waive ti
19 Denton. 1 cannot guaranty that the post office 19 rebuttal, The public hearing Is closed. Mr. Recd, no
20 delivered all of those, but we will certify that we put 20 final start remarks?
21 stamps on them and got them to the post ofrioe, 11 Okay. CorarrilWonen, any eomwentt,
22 We did get a response telephone call from 22 questions of staff or a motion?
23 Ms. Tivls on our initial mail out for the zoning 23 MS. APPLE: Chairman
24 request, so I'm assuming that she got the wcont' Letter; 24 MR. ENOC1,13ftem Yel.
j25 that We did have the correct address for her, M i got no 2s M9. APPLE! I'll move to oh, I'm
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I sary, I apologize. I above and put lots described in condition number 17 9
2 MA. MORENa nays all righL I MR. POWELL! That would suit me better.
7 MR ENOELBAErm Do y'all want to fight over 3 ms, APPLE: Okay,
4 it? We can flip a Coln. 4 MR. REICNART; Just use the sane excuse
$ MR. Moma. No, No. Nu. That's all s me, But if you use tin same definition, just say lot
6 right. Just a comment. I realize th>t this resolution 6 that is adjaxnt to existing Farris Road between
7 was delayed a couple of weeks because or neighborhood 7 existing Kings Row, and use the Sane definition in both
8 concerns, and I'm really appmcladve that the 8 conditions there's no mistake.
9 neighborhood did get the opportunity to visit with Mr. 9 MS. APPLE; And that these lots have a
10 Edwards and his clientc to minimum main dwelling size of 1,900 square feet.
I I MR. ENOELBRECH: Hero hero. Was that I I MR. POWELL! Way to jump In there, Larry,
12 basically your comment, as well, Ms. Apple? 13 MR. ENOELERECH: I think everybody Is clear.
13 M.t. APPLE: No, I was ready to make a 13 Is everyone clear? Is everyone clear on the motion?
14 motion, 14 MR. POWELL: I'm clear, yea.
l1 MR. ENOELOMCH: Oh, okay is m& ENOsmteCH; All right
16 Ms. APPLE: But I certainly "With IS MK POWELL: Thank you. I just didn't want
17 Commissioner Moreno's assessment 17 to see this get messed up down the way.
Is MR ENOELBRECH: Go ahead. Is MR. ENOELBRECH; ON l understand. 1 think
19 MS. APPLE: t would like to move to 19 it's very good,
20 recommend approval of z•99•oo8, finding that It is 20 MS. APPLE: No problem,
21 consistent with the 1988 Denton Development Plan and I I MR. POWELL: I knew, That's Why I
22 consistent with the 1998 Denton Plan Pollcles. it immediately knew
2) It is an intended land use withln future 23 MP_ het' HART: SO everybody understands what
24 residential neighborhood centers, areas u identined 24 1 said?
25 and defined by the adopted growth management plan and 26 MK POWELL: Absolutely.
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L strategics. It protects existing neighborhoods and 1 MS. APPLE: Yes. And, Bob, as soon as my
2 property values, and It will provide sale and adequate 2 motion was out of my mouth, l remembered your earlier
3 trarfic circulation 3 comment on above.
4 My approval recommendation is subject to the 4 MR. ENOELBRECH; Okay.
S following conditions: One, that a 10,000 square fool ! MR. POWELL: Did we have a Second?
6 minimum lot sirs be held rot any lot that Is adjacent to 6 MR ENOELBRECH: Yes, we did.
7 Farris Road between Kings Raw and Silva Dome Road, and, 7 MS. APPLE; Yes. ,
8 two, that it minimum main dwelling size of 1,800 square 8 MR. ENOchBRECH: We had a second. Mr,
9 fat on any of the above lots, 9 Rishel,
10 MA IUSHEL+ Second. 10 Okay. Any other discussion? All in favor
t i MK ENOELBRECW It's been moved and I I of the motion, please ralse your right hand. Motion
12 soconded to approve Mr, Powell. 12 earrk6 unanimously,
I S MR. POWELU Only a question for legal. Is 13 Thal brings us to Item 7 on the agenda,
14 that above lots Is that possible that that's going to 14 Dttector'a Report, Council Action.
15 confuse anything dawn the line? Or should we have said is MR. DONALDSON; Council action last evening,
16 for any of the lots shown In described in one or 16 Much 23rd, Council approved the specific use permit
17 whatever? I just don't want the word "above" lots to o for the remote offstroot puking project for the Denton
18 be confusing. Now, f'm going to vote fu this. l'm not Is Chamber of Commerce at the comer of Carroll and '
19 trying to stop it. 19 Congress. t f%"
20 MS. APPLE: Ilow about above-mentioned lots? 20 Council conr:'teted a public hearing for the
21 MR. POWELL! That suits me fine. 21 proposed annexation 0 toning of the Thistle Hill
22 MA RISHEL+ What about 22 subdivision. Council approved an amendment to the
21 NIS APPLE I'm basing mine on starts 23 detailed plan for Denton Lincoln Mercury allowlr4 dull
24 recommended motion. 24 pok signs with the additional condition that loo of the
21 MR At ear What if you strike the word 23 Sips be clustered together after working with staff,
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® ATTACHMENT 4
Z-99-008 {COX PROPERTY} PHOTOS
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Photo 1. View looking south along Farris Road Photo 2. View looking at Deerwood subdivision
towards Kings Row from the Silverdome Road across Farris Road from the west property line
and Farris Road Intersection. of the Cox 's property
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Photo 3. View looking north from Ferris Road Photo 4. View looking no ih across Silverdome
and S Iverdorre Road intersection at Hodge Road train subject property at the SiIverdome
Eiemenlary School, Mobile Home Park
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I V,0-644 At%
Photo 6 View looking north across Silverdome Photo 6. View looking west along Silverdome
Road at one of the interior roads of the Road with subject property on the left side of the
Silverdome Mobile Nome Park, road and the mobile home perk to the right,
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ATTACHMENT S
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM
AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO
CONDITIONED SINGLE-FAMILY 7 (SF-7(C1) ZONING DISTRICT CLASSIFICATION AND
USE DESIGNATION FOR 49.528 ACRES OF LAND LOCATED ON THE SOUTHEAST
CORNER OF SILVER DOME ROAD AND FARRIS ROAD INTERSECTION; PROVIDING FOR
A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF;
AND PROVIDING FOR AN EFFECTIVE DATE (Z•99.008)
WHEREAS, Greg Edwards, on behalf of Lucius Cox, has applied for a change In zoning for
49.528 acres of land from Agricultural (k) zoning district classification and use designation to
conditioned Single-family 7 (SF•7(c]) zoning district classification and use designation; and
WHEREAS, on March 24, 1999, the Planning and Zoning Commission recommended
approval of the requested changa in zoning; and
WHEREAS, the City Council rinds that the change in zoning will be In compliance with the
1988 Denton Development Plan, the 1998 Denton Plan Policies, and tho 1999 Growth Management
Strategies and Plan; NOW, THEREFORE
I
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Section t, That the zoning district classification and use designation of the 49,328 acre
property described In the legal description attached hereto and Incorporated herein as Exhibit A is
changed from Agricultural (A) zoning district classification and use designation to conditioned
Single-family 7 (SF•7(cj) zoning district classification and use designation under the comprehensive
zoning ordinance of the city of Denton, Texas, subject to the following conditions:
1 • All ",0 square foot minimum lot size for any lot that is adjacent to Farris Road between
King Row and Silver Dome Road as they are presently located; and
2. A minimum main dwelling size of 1,800 square feet on any lot that is adjacent to Farris
Rood between Kings Row and Silver Dome Road as they are presently located.
Secjj2n 11, That the City's official zoning map is amended to show the change In u=ring
district classification
Section 11. That any person violating any provision or m, ordinance shall, upon conviction,
be fined a sum r A exceeding $2,000.00• Each day that a provialon of this ordnance Is violated shall r
.nnstitute a separate and distinct offense. r ' t
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Sectionly. That this ordinance shall becomt. effective fourteen (14) days from the date of '
its passage, anf the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of the date of its passage.
I
PASSED AND APPROVED this the _day of .1998.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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EXHIBIT A
Z-99-008
AU rtAr CCR►AW :rWr 04 PARCEL Or LANO LYING AND MING SITUATED NJ Of TMOMAI H.
LMNd UWAY, ANSIWACr WJWW 72o,'DEOTON COUMFY. TEXAS. AND IM ALL Of A
CEMAMY ((CA =N) 40.524 ACRE m4cr At DMCMKO NI A JRtISTEC'S GEED FROM TCA5w
ROAD ASSOCUrC3 r0 Roitx COLEIMN, rwsrW, FOR LUDLIS A. COX. JR., MOO OMC M. COX
JtIUk0MCIf, OR THE YM DAY OF PMLVRY, M0, AMMOrO W MOLUWE 2527 WC 704 ITEM.
PAOKJM RECORDS, DEMON COLNV►Y, MOMS, AND ICING MORE PM MCtR ly OClciaw
AS FOLLOWS: DOW AM
MEONAPA AMC ONfLA"010" 4N 5 AA~ 'AT rI~OR►HMr COR RN NE R~ ND i13~ 24 A
A I'MC MACF IN
THE' WEST A9CW0W Ukr OF SAID T. LVINQ SURVEY, AND THE EAST GVJM fY LINE OF DIE
J. cOuAM S(I"y, ASSracr ma, nit
MEW r Am -nwT NA $A ~ 04, A DISTi MuEOF 148100 Tjlvi 70 ANN N AW & OF SAPO
49,52a *O IN &W
R" AT THE HOWD"T. WRM4 OF SNp COX TRACT, SAMC Kwo 7NE NORrmKsr
C Of CFrfr'ANY $1109.2 RCCOARDLO M WLVWC 1Cf~ A MU ~ M. AM Is COKM,
ON IK r►IE 7rHI~Ar of n ut
oaroN cowrns rtxAS; ,
rWNCC' SO" GO WGROM 02 •MNWTCS 22 SECONDS W(EST4 ALONG AND WN A NN". A '
OASTANCE OF (dsa rG FEEr AN IRON FM FOUND NIA FENCC CORNER MY, AT Tarr SOVrNW T
CORNER OF SAID 22.671 ACRE rIMCr AND IMr NORrhwW CORNER Or A CORTAAN CALLED 40.0
Ate rRACT OrSCRN0r0 AN A OECD TO Q L. 6"W AND AMrA J".VM, RECORDED W MUM
06, PAGE 21'4, WO RECORDS OF SMO CIMN,
MENCE SWM -00 OCOREEf- 00 IAWFU 12 SECONDS Mr, ALONG AND NEAR A FlWa A
OISFANCE OF 44M.10 FEET TO A M" CORNER POST AT rN[ SOUMEAS+' coNiR OF SAID
40,524 ACRE CON TRACT AND THE SOO MM CM00 Of SAID OWN FRACT, SAID POW
ALSO KAO hr TOE NORTH LWE OF A CCMAW TRACT OCSCAHED IN A MW TO tOS
twe4hEEmw CORD: Rfcow w k7L1w 022, AAOr 710, DfrD RON" OF SOW MUM
TNENCE SOLRM Of OE' Sr YIMJMT SS SECONDS Mr, IY11H MO MC4 AND INr NORTH
LWE of SAID• as TRACT, A DISTANCE OF 041.it FEET TO AN IRON PIN str AT AN MV CL,L OF
SAID COS 00NIM4 CORP. ALSO RLNO THE SOUtl4vMr CORNER Of SOD 40.021 AM ,
FAACri
TMCNCC NORTFI, ALONC ANO NEAR A FEMCE AND the w..Sr w Of MO S4it1'f MID VM
rOE US? 04V OF SAID COS ►AACT AND rHE w[Sr LhW OF SAID 40,!20 AM rAACTi A
&STANCE Of %V74.24 FEET M. rllf POWF OF BEW4100 AND CONT AW IN KL 40.487 &*a
OF LAND.
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ApenCe Na
A" KIM
AGENDA INFORMATION SHEET D _
AGENDA DATEt April 20, 1999
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DEPARTMENT: Planning Department
CMIDCM/ACM: Rick Svchla, 349-7715
SUBJECT- Z-98.049: (Loop 188 and UrKtnne))
Hold a public hearing and consider an appeal to change the zoning on 34.047 acres from a Planned
Development (P.)-41) zoning district to a Commercial (C) zoning district. The 34.047 acre property is
legally described as tract 2 (1 L238 acres) and tract 3 (22.809 acres) In the M. Austin Survey, Abstract
0004. It is located on the west side of Loop 288, approximately 485 feet north of Morse Rd. The
proposal is for future sale and development. This item was denied by the Planning and Zoning
Commission on October 28, 1998, therefore a super majority vote is required from the Council to
approve this zone change.
BACKGROUND
L? On December 15*h, 1998, City Council tabled the applicants' rezoning request for a portion of PD-
41, to convert the PD district for 34.047 acres to a Commercial zoning district. The reason for
delaying the decision was to allow the staff and the applicants to Idemify the extent of floodplain
on the property, and to determine the amount that would be dedicated to the city. The PD-41
Concept Plan currently in effect is attached as Exhibit A.
n The applicant has requested to rezone this property for future sale and development. The proposed
development is generally consistent with the 1988 Denton Development Plan (DDP) and the 1998
Denton Plan (DP) Policies. The Growth Management Strategy, which was not adopted until
January 1999, indicates that commercial development in the vicinity of the Intersection of loop
288 and McKinney Street would be appropriate, p uticularly along the Loop 288 frontage, north of
the Pecan Creek Iloodplain• In addition, the Roadway Component of i%e Denton Mobility Plan,
approved by Council in December 1998, shitted the alignment of collector street located within
PD-41 northward and away from Iloodplain land.
n Notice of the zoning request was published in the Denton Record-Ch,7onicle on October 18, 1998.
Six (6) property owners were riot! fled of the request on October 16, 1998. As of this writing, there
has been one response in favor of the request The applicant declined to have a neighborhood
me Ming. Notice of the City Council public hearing, regarding the zoning request, was published In
the Denton Rccord-Chronicle on April 14, 1999.
n Since the October 1998 Planning and Zoning Commission meeting, the applicant offered to limit
the aliowaole uses under The Comm:rcial (C) zoning to a%clude the following uses (Attachment 3): A
a Sexually Oriented Businesses j r;. r
• Hatchery. Poultry
• Trailcr Camp or Mobile Home Park
• Extraction and Storage of Sand, Caleche, Stone, Clay or (travel
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New Information (Since December 15.19981
A new submittal offered by the applicant is attached as Exhibit 9. The proposal continues to
request Commer:ial zoning, and due to the P&Z recommendation of denial, City Council approval
to override P&Z would require a super majority vote of Council. A comparison ofexisting PD-41
zoning, the staff recommendation , and the applicant's proposal is shown in the table below, The
intent of the applicant is to dedicate 8.0 acres of floodplain to the city (see Exhibit 8), The
approved PD-41 concept plan for this parcel dedicated approximately 14,87 acres to the city. As a
result of revisions to the Mobility Plan, the realignment of the proposed collector street connecting
to Loop 288 would now tequire only 1.214 acres of R.O.W. dedication (a reduction or 1.206 acres).
Staff analysis indicates that approximately 13.83 acres of floodplain (including 2.255 a-res of
floodway) should be dedicated as open space, allowing a small "fingers" of floodplain to be filled.
The extent of floodplain is shown in Exhibit C. Combined with the proposed right. of-way
dedication, staff recommends a total dedication of 15.044 acres, which is slightly more than the
existing PD-41 dedication requirements. The applicant's proposal indicates a dedication of 9.214
acres, which is 5.656 acres less than existing PD-41 requirements.
PD-41: DEDICATION OPTIONS
Land Use Epp 418 Staff Applicant's
Ponin Recommendation Proposal
Dedicated Street Right-or-way 2,420 1,214 1114
OTien S ace Dedication 1.800
Alm -744
Ttyf DPLAEN rr t 1 , ~ ° -.e x~r
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TOTAL DEDICATION 14110 15.044 9.21 J
DEVELOPABLE AREA 18,180 19.030 24.036 1
TOTAL SI I'E AREA 34.050 34.030 34.050
RECOMMENDATION
Starr recommends denial or Z-98-049, due to the reduction in floodplain dedication proposed by the i
applicant. The Pianniiig Policies adopted by City Council in April 1998 clearly indicate a strong
emphasis on floodplain preservation. The proposed rezoning from PD residential uses to commercial
use is consistent with the Grot<th Management Strategy, although Detailed Plan approval authority
will be relinquished by City Council if conditioned Commercial zoning is approved. If Commercial
zoning is approved, staff recommends the following conditions:
a A maximum allowable Floor-to-Area Ratio (FAR) of 0,38
a Exterior building materials facing public streets shall be of masonry construction, with the 4
exception ordoots and windows.
a Access onto Loop 288 will be limited to the collector street.
a Dedication of 13.83 acres of floodplain to the City of Denton.
a Maximum building height is five (5) stories,
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The maximum FAR Is designed to allow the applicant to transfer building density from floodway
fringe areas (and not floodway areas), thus making the staff floodplain dedication recommendation less
punitive. The methodology used to determine maximum FAR is provided below:
Assumptions:
34 acres of total land area
31.8 acres of net developable area (minus 2.3 acres of required floodway dedication)
19 acres of allowed developable area
Moderate intensity threshold of 3s0 vehicle trips per acre per day (vt/afd)
35 tdps/acre/day/1,000 squire fat of developed commercial area (from ITE Trip Generation Manual,
average for general commercial development)
Maximum Ups per Day
31,8 acres x 350 vVa/d =11,130 allowed trips per day for the total land area
Maximum Floor Ares Based on Trip Generation
11,130 allowed trips divided by 35 trips per 1,000 square fat o 318,000 square fat of allowed
developed area
Maximum Floor-to Area Ratio (FAR)
318,000 allowed developed area on 19 acres results in a floor area ratio of 0.38 to 1
(an allowed 16,737 square fat of developed area per o ;re)
OPTIONS
1, Recommend approval as submitted.
2. Recommend approval with conditions.
3. Postpone consideration.
4. Table Item.
PRIOR ACTION/REVIEW WC!Incil. Boards. Commissioml
,
The Planning and Zoning Commission recommended denial (5-0, Apple and Oanzer absent) of this
zoning request on October 28, 1998, as recommended by staff. City Council tabled this item on
December 15'",1998.
FISCAL INFORMATION
Nvelopmcni of this property will increase the assessed value of the city, county, and sch,,ol district. It
will require no short-term public improvements that are the responsibility of the city, As form of
new development, extension of public infrastructure will be necessary to service this site,
ATTACHMENTS
Exhibit A: PD-41 Concept Plan ?
Exhibit B: Applicant Proposal
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Exhibit C; Map • Extent ofFloodplain
Attachment 1. Planning and Zoning Commission Report, October 28, 1998, Z-98.049.
Attachment 2. Planning and Zoning Commission minutes from October 28, 1998,
Attachment 3. Commercial (C) Uistrict Allowable Uses with voluntary exclusions crossed off.
Attachment 4. Draft Ordinance.
Attachment S. Letter of Appeal from the Applicant.
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Respectfully to itl
ill
Director of Planning and Development
Preparedby Urry Reichhatt
Development Review Manager
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EXHIBIT A
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EXHIBIT B
RAINEY/KEY - LOOP 288
EXPLANATION OF PROPERTY DEDICATION
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FLOODWAY 2.255 ACRES
FLOODPLAIN 5.745 ACRES
COLLECTOR STREET 1.214 ACRES
TOTAL DEDICATED 9.214 ACRES
PLEASE NOTE THAT THE LINE DRAWN TO DEFINE THE 8 ACRES
DEDI'ATED TO THE CITY OF DFNTON IS NOT EXACTING. SHOULD THE
PROPERTY 13E REZONED, THE OWNER IS REQUESTING THAT THE CITY
ESTABLISI I THE LINE TO ACCURATELY SET ASIDE THE 8 ACRES. THE
ONLY REQUIREMENT BY THE OWNER IS THAT THE ADJUSTMENTS TO THE
LINE BE MADI? BY MOVING THE LINE EQUALLY NORTH OR SOUTH (AS
NEEDED TO ACCOMPLISH THE 8 ACRE DESIGNATION).
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PD-41 AREA ANALYSIS
N r r `
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M" NOT`
1 ! TO SCALE
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SUGJECT PROPERTY
FLOODWAYIHAZZARD ZONE
STREET NETWORK : j
F, CREEK CENTERLINES
TOPOLOGY ORIGINAL PROPOSED
COLLECTOR STREET 1
Ft00o HAZARD CENTERLINE
FLOODWAT ` i
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PD-41 AREA ANALYSIS ' t
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MAP'NAYk
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0°I LEGEND 1 1! `.~C
tf ORIGINALCONFIGURATIOVI MOBILITY PLAN
! EUUECTPROPERTY
N fL000WAYlHAZARD ZONE COLLECTOR RELOCATION 1 N 11 1
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N ETREETNETWORN I L _
CREEKCENTERLINEE
TofoloaY ORIGINAL PROPOSED?
1 FLOOD HAZARD COLLECTOR STREET
CENTERLINE
Area requested ~~~~/~~l k •r~,~ x
w for open space I H
dedlcatfon / H
(13.83 acres) / I y
4.708 acres
867 acres,
r•rt ,r S'~
1.0 acre i, sT2 LI r
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SUBJECT PRO E
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ATTACHMENT 1
PLANNING AND ZONING COMMISSION REPORT
STAFF REPORT
ub c : Loop 288 and McKinney Case Number: Z-98-048
Ste: Trina McElreath, Planner II AS>landa Data: October 28, 1898
PURPOSE
Hold a public hearing and consider making a recommendation to the City Council concerning the
change in zoning of 34.047 acres from a Planned Development 41 (PD-41) zoning district to a
Commercial (C) zoning district. The intention is to zone for future sale or development
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SITE
LOCATION MAP J'' r
Location: On the west side of Loop 288, spnc. 485' north of the T-Intersed;on of Maas Rd. and loop 238. j
Size: 34.041 axes
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GENERAL. INFORMATION
Applicant: John Ralney Owner: Kent Key
25 Rolling Hills Circle 3524 Belmont St.
Denton, TX 76205 Denton, TX 76205
SUMMARY OF ZONING REQUEST
Section 35-7 of the Code of Ordinances outlines the rules of procedures for amendments to a
zoning boundary x district. In general, any person having proprietary Interest in any property may
petition city counch for a change or amendment to the provisions of the Zoning Ordinance, or the
Planning and Zoning Commission may on Its own motion or on request from the City Council
institute study and proposal for changes and amendments In the public interest.
COMPREHENSIVE PLAN ANALYSIS
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1988 Denton Development Plan Analysis
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The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area,
immediately adjacent to a moderate intensity area. These areas are Intended to be developed
primarily for single family residential development. Neighborhoods are to be serviced by a
network of small commerciallretait centers spaced at about % mile Intervals with direct access to a
collector type street or larger thoroughfare. Vehicular trip generation due to development within I
Low Intensity Areas is restricted to 60 trips per day per acre in order to balance land use with road
capacity. Staff finds the proposed development to be Inconsistent with both the policies and trip
intensity standards of the 1988 DDP.
The table below provides a summary of the 1988 Denton Development Plan policies applicable to
this project:
Denton Development Plan !
Policy Analysis Summary
Low Intensity Area
Development Rating vs. Policy
POLICY COMM€14TS Incorw4tent Conshtent
Indent. These areas represent primary TMs proposal does not Include housing,
housing areas wlth!n the cry. X
Intemky, To be consistent with the Wan, Altawed henslty a 60 tr psiaere
a development should not exceed Its Allocated ytenyty r 2047 bipyslte
allocated atenslty. X
Slta Plan Control. Strkt property AbarsdoMrp the PO"up site plan
/e eopy ,+t control widdn 1,600 feet of approval.
ea!sen g low density residemlal areas. X
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Denton Derelopn►e d Plan
Policy Analysis Summary
Low Intensity Ares
tkv b mend RoUng vs. Poky
spew*
POLICY COMMEWTS L+
m tie fdehbat
T"i to 0"4& Imeu WmM be TNa she frs ffonfepe an Loop 788.
"idw to mean tl+st nh-femur or
roweddwtau uses hne Kom to
cd4m n or W" ttertek whh nor drwt
amen nrouen nsldtlMd Weds, x
Oyer spec. Sufwa t green spec, There b no open 1ppeoa N Mh area„ aad
reveWww won end &w ft of pares ww ow the W* MA
to prQMW. mqurtnwdk ram wxk be mwked, x
Parbk hMdp " bqut M pia -6 The de 1 to fwe a
by ntphb ftw easadawr end o w4h oAgod m- ft oft em v**
h enoareped werent natty ay ww1y ndg?W x
Lard Use Wrenhy. NwHaddte d and
a 8 degrwmt is urmveped b x
Mw&Atdwed Haab* Thus form of
drque~a th t ordrq may be mngatlt k
wNb derdoprtrenb in ft tow W AM"
ten subfed to mnd done NA
serfy Cswa rdef. A y form of =ft; wrawdd oauld be
mn dewioped y
srA*A strip e m ardd It sbonpty rapoeed wft
dsm xa* kVor rwr low Yft aft asew x
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F enton Plan Policies Summary
The proposal Is inconsistent with the policies of the Denton Plan. Traffic counts for this section of
Loop 288 are not available, however the size of the addition does Infer a potentially large Impact
on traffic. Some existing Infrastructure Is available, however, until future development proposals
are submitted, exact Infrastructure extensions are unknown. This addition does not meet the
neighborhood category.
SPECIAL INFORMATION
1. Transportation
A. Trip generation: The following tables provide three sample land uses and are not all
inclusive of the potential use under this zoning classification:
Table 1. Potential Land Use Trip Generation (2:1 Floor to Area Ratio)
Land Use Avorag! Trip Total Trip M: rximum Bulldout
Generation Per Generation
Rutatl 40.67 1rips11,000 of 54,210.2 Vd 1,333,150.2 square feet (so
MedicallDenlat Office 34.17 trips/1,000 of 45,553.7 Vd 1,333,150.2 square feet (so
General Office 8.46 trips/1,000 of 11,278.4 Vd 1,333,1502 square feet (so
(>800.00031)••
Allowed Trip Generation 34.047 acres 2043 Vd 60 tripstacre
Difference 11,276.4 to 6.52 to 26.53 Umes she
64,217.2 allowed trips
• Calautavons prprovided by the Ineowts of Trorapalydon En4insan, {141,
trip Gonvatlon Rau vUrtaa 001th Moor area, par era 1nst4ua or Transpor Utioa Englnsars, {191.
Table 2. Probable Land Use Trip Generation (.15:1 Floor to Area Ratio)
eland Use _ Average Trip Total Trip Maximum Buildoul
Generation Per Generation
Retail 40,67 tripsl1,000 of 13,554.9 Vd 333,287.55 square feet (so
Medical/DenW Office 34.17 tdpfJ1.000 of 11,388.4 Vd 333,20.55 square feet (so
General Office 8.46 trips/1,000 of 2,819.6 IN 333,287.55 square feel (an
(>8W.00osf)' •
Allowed Trlp Generation 34.047 acres 2043 t/d 60 tripslacre _
Difference 2,817.6 to 1.38 to 6.6 limos the r
13,552.8 allowed trips k,
• CalWo"ns provided by Via InsVIL fa of TramporUbon En4inasn, W.
Trip Gonora0oa Rata "Hos with flow area, par IN InaUtuto of TrsmpotUffon VgAo n, 1141.
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Table 3. Allowable Land Use Trip 0eneration (.024-.04-.1 Floor to Area Ratio)
w+ Land Use Average Trip Total Trip Maximum Buildout
Oeneradon Per Oeneration
Retail 40.87 t6pal1,000 of 2043 Ud 50,230 square feet (sf]i
Medical/Dental Office 34.17 trips/ 1,000 sf 2043 Ud 59,780 square feet (st)
General Office (<I0.00090" 24.8 tripsl1,000 sf 2043 Ud 83,040 square feet (so
Allowed Trip GeneraWn 34.047 sues 2043 Ud 80 tripslacre
Difference 0 0% above allowed trips-
of akula8ona provldad pf ew YwtNuh Tramparbaw lr*nan, 1"17
Trip Ganaratton Ra% vwM voth floor arok per No kwftft of TranaporWbn 04 *V 1001.
B. Access
This tract has accoss to Loop 288, a State highway that is a two lane (four lane in short
stretches) undivided road currently serving as an arterial street.
C. Road Capacity
Loop 288 (freeway acting as an arterial) is currently designed to carry 16.UOO tHps/day. At J
present, the most recent traffic counts for these roads are unavailable.
D. Pedestrian Linkages
Sidewalks along all public streets are required.
2. Utilities
This site has access to existing water and sanitary sewer lines (see Enclosure 3):
Water: There Is a 30" water main running parallel to Loop 288,150' off of the west
side, traversing through PD41 in an easement.
Wastewater: There are two wastewater lines in the vicirity of the subject tract.
a) 21" running parallel to Loop 288 on the east side.
b)18" running parllel to Loop 288, 150' off of the west side, traversing through
PD-41 In an easement.
Fire: Additional fire hydrants will be required upon development. The nearest fire
hydrants are on McKinney.
3. Drainage and Topography
New development will be required to design and construct a drainage system to city standards.
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A preliminary drainage study will be required with the submission of a preliminary plat The '
study must include calculations of the 100-year storm for all drainage areas on this property
and any area that drains towards this property. The developer must indicate the method by
which the run-off will be carried across the property or stored on the property.
4. Signs
As per the sign ordinance.
5. Off-Street Parking
New development must provide parking according to the regulations of Section 35-301 of the
Code of Ordinances. The total number of parking spaces required by any one development is
a factor of the land use and the building sizes.
6. Landscaping
This property will have to comply with the new Landscape Code, which requires fifteen (15)
trees per acre and twenty (20) percent of all surfaces to remain pervious (plentabie area). 1
7. Lighting
Lighting could be an Issue depending on what uses are proposed.
8. El rironmental quality Impacts I
Noise, Fumes, Lighting, and other potential Impacts could be issues.
PROPERTY HISTORY
This site Is part of the original city limits.
October 19, 1382• The City Council approved a zoning change on 112.88 acres (including the
si.bject tract) from Ag+icultural (A) to Planned Development (PD), recorded as Ordinance 82-83.
This included 34.65 ecres of Multi-Family zoning (!imited to 22 unilslacre), 15.8 acres of Single
Family Detached, 16.16 acres of SF Attached, 15.15 acres of GR, and 26.41 acres of open space.
May 4, 1986- The City Council approved a detailed plan for 2,1 acres of General Retail Use In PD-
41, recorded as Ordinance 86-91.
August 5,1986- The City Council approved a revised detail plan In PD41, recorded as Ordinance r
86-144.
June 13, 1989. The City Council approved a detailed plan for a Medical Laboratory Complex In r
PD-41, recorded as 89-065.
July 7,1992 The City Council approved zoning change from PD41 to GR(c) on 10.1834 acres,
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recorded as ordinanca 92-107.
March 3,1998- The City Council approved a detailed plan for 11.49 of MF-1 at a density of 21.6
units per acre (Pebble Brook Apartments), recorded as ordinance 98-062.
The subject property is not platted and would need to be platted pdw to any development.
PUBLIC NOTICE
Notice of the zoning request was published in the Denton Record-Chronicle on October 18,
1998. Six (6) property owners were notified of the request on October 16,1998, As of this
writing, there has been one response In favor of the request. The applicant declined to have a
neighborhood meeting.
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RECOMMENDATION
Staff recommends denial of Z-98-049, based on the Im,*nslstencles with the Denton Development
Plan and the Denton Plan Policies. If the Commission chooses to recommend approval of the
rezoning to Commercial, however, staff recommends that conditions be placed on the Commercial 1{
zoning to Include:
• A maximum allowable floor to area ratio of.024-.04:1 (as per table 3)
• Eighty percent brick exterior M
• Limited access onto Loop 288
MOTION
I move to recommend denial of Z-98-049.
ALTERNATIVES
1. Recommend approval as submitted.
2. Recommend approval with conditions.
3. Postpone consideration.
4. Table item.
ENCLOSURES
1. 200' Property Owner Notification Map.
2. Zoning Map.
3. Utility Map.
4. Denton Plan Matrix.
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Encloaum 1
1998 200' Notlpcatlon Mab
Z~9~~049.
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Enclosure 2
4988 Zoning Map
Z-98.049
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Enclosure S
1998 Utility Map
Zm%-c4
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Water Unes
Wastewater Unes
Electric Unes
Fire Hydrants
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1998 Denton Plan Polrcles Arialysis
Z-98-049
1998 Denton Plan PolVes Analysis
The 1998 Denton Plan (DP) is to be used in conjunction with the 1988 Denton Development Plan In
evaluating the consistency of proposed development with the long range vision for the city. Staff finds
the proposed development to be Inconsistent with the policies of the 1998 OP.
The table below provides a summary of the 1998 Denton Plan Policies applicable to this project:
Denton Plan i
Policy Analysis Summary
Devei,omens Rating vs. Micy
CATAGOZY POLICY Inconslstet Appobte' Consistent
Tnnsportalkx% Compnments Denton's Long-" Thl,04Are Pkrs.
Promotes Access Management Practices x
optimizes operatbns for arrog nq serwce provider; w,1
oche pule wvke prodders, x
Promotes pudic transmuflon system, _ x
ContrrltMes to the Denton Trolls network _ X `
Storrnvaler ""age. Protects 300-year f*Wsln &am In mmrdence with x '
DerrlbWi watershed managernent plans.
conforms to local subdldslon regufanons. X
Contributes to regional detmWn radicles. x
PrWcks for natural rlpulm enArornient along Roodpialn. X '
Upgrades wising substandard drainage spLtrns n 194
x
and redevelotxrrc R occur,
Water and Develops end malnialns properly and private x
W astewster. Inf rastnKture.
Creates opportunity for ovesiaing water end wastewater
x
lines to mat future deAr opmet demands,
Provides tedew of proposed water and vastewater x
trdresb%Kture to ensure pudic safety end healed,
Promotes Inril Improvements eve new erne a derWors. X
l iactrk. Rovtdes undergroud dectrie seMre for new mWerdld X !aE,.
ud rdricesidwtial develop WIL
Solid waste. Prortwtes affkjmt Wess to an &Wloprnerd nor tow x
waste wdce deh".
Parrs end Rwreaton. lacMes perks and rwita bn facilities In Kcordertee with x I
the Parka end Reaestlon Snetegk Plan. f
Enhances parks and recreation opportunities fa resWmb. / r
Preserves fksodpaln for pert end open span to old In r
f oodplaln Conservation efforts. x
Allows combining of parks with other pM fadll6es to x
achleve oodeHectlve delivery of public wdces
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Denton Plan
Policy Analysis Summary
Development Radng vs. Polley
CATAGORY POLICY tnoomstateN I Am kg* caatstMt
PmIdenbal developer should dedkate lard or lees In
Pau of land fa ndolbcrt pre. X
ElmronmrentalQWIRy. Ranotaspvwnlbmof rMwalresourw x
in "ewon wo ecnwk er., tl x
NeIghbortwods. r PiNk and MnmurRy fadlAtes for
X
Encourapea a mlxtva of land user Nat bvwk resldata. X
Protects and preserves eMtlrg netyrhodaods. X
Promotes bkytle and pede*W haftk POINn and X
bawee+ n Vft troods k rwM vstJadar Nips.
tag. Resides a "of touslrg types that appal to &Wnq
eoxomlc " idhtdwl I l fe-Av* X
Offers a variety dslroe4w Pf lot flea, Wong Um, X
and pike rargea.
Pr wm exlstlrg housing, hxiudlrg Wwd" WWnp, x
tresses MII housing cwmftwdm x
Eeonomk Contribute to a strong and &Am Aed bcd sowy by
DlwrslfleatIon. Inawlnp employment and eliparldlrg She tae twe. X
OOWrmnMM. Enox"M Ndepoverww" coordoew to N*A& X
oDd*Iectfve publk "MM.
Urban Design. Addra m oommxlnlty Appear" M a mmp*0* S
manner, x
Olv"ftn ardutedwal appearance of bulk emlramat. X
NelohWftM InAH development should be carmpolble X
wfth odstirg Land uses and txAldl %
Rotate and preserves Ve tont ardAectural, Mlural and X
Nstorksf resources.
Enhance the appe era along major entrmoevays. X
Promote tlk pruero fon of he and landscaprg. X
/ubtk NvolamMt. Rovtde M q*ot my fan publk oo*A U g E+a X
damlm0 VMS,
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Planning and Zoning Commisslon"Inctes ATTACHMENT 2
October28,1996
Pape 41 of 82 a
Commissioner Engelbrecht: Any discusolon on the motion? An In favor, please raise your right hand. Motion carries
unanimously. (4 - 0) Given that we have some folks here, I think maybe we will go ahead with the cases, and we
can come back and ask staff later on-talk oboil information ws't like to have.
10, Hold a public hearing and consider making a recommendation to City Council conceming a things In
zoning on 34.047 acres from a Planned Development41 (PD41( toning dlstrlcl to a Commercial (C)
zoning district The 34.047-acre property is legally described aq Tract2 (11.236 acres) and Tract3
(22,809 acres( In the M.Auslln Survey, Abstract 0004. It is 1o6ted on the west aids of Loop 266,
approximately 485 feet north of the T•Intersectlon of Morse Road and Loop 288. (2.98-049, Loop 286 and
McKinney, Trins McElreath(
Commissioner Engelbrecht: item 10 this evening then Is to hold a public hearing and consider making a
recommendation to City Council concerning a change In zoning on 34.047 octet from Planned Development 4110 a
commerclat zoning district The 34.04?•ecre property is legally described as Tract 2 (11.236 acres) and Tra.t3
(22 809 acres) In the M. Austin Survey, Abstract 0004, It Is located on the west aide of Loop 288, approximately 465
feel north of The T•Intersection of Morse Road and Loop 288. Me, McElreath Is going to give us the Start
presentation at this lime-
Me. Trlna McElreath presented the staff report
Ms,McElrealh: Thankyou,
Commissioner Engelbrecht report
Ms. McElreath: The 1988 Denton Development Plan shows that this is within one of our low intensity areas
Immediately adjacent to a moderate Intensity area to the north. Stall finds that the proposed development to be
Inconsistent with both policies and trip Intensity slandards of the DOP. Traffic counts for this section of Loop 288 are
not evailable; however, the size of the proposed addition does Infer potentially large impact on traffic. Some existing
Infrastructure Is available; however, until future development proposals are submitted, exact Infrastructure
extensions are unknown. The addition does not meet the neighborhood category. On page 4, you'll note that there
are some trip generation tables The following tables provide three sample land uses and are not an Inclusive of the
potential use under this zoning classification. They are merely th-es axpimple a of what could go there. Table 1 Is
Potential Land Use Trio Generation based on s 2 to 1 floor to area ratio which would be the maximum allowable
building space on these properties. You'll notice that retail, mediu4dental office and general office are all listed and
they include trip generations ranging from 5 A to 2615 times the allowable trip generation for this low In*sIty area.
Table 2 Illustrates Probably Lend Use Trio Generation which reduces the floor to area ratio to .6101 which Is about
a quarter of what could be put on there. You're notice that the trip generation has been reduce to 115 to a little over
6 % limes The snowed trips which Is still considerably higher that whet the ODP allows for. On the following page,
Table 3 Allowable Lend Use Trio based on the DDP reoommerdations This would mean If [hey didn't gtrierate any
mors Ira Mr. than what our Donlon Development Plan allowed, they would be limited to the, roughly 60,00010 63,000
square feet on this property which, for these kind of uses Is very small. VI's illustrate these just to show you that until
we have some proposal, until we know what they're doing or have some sod of Idea, these eh the ranges of things
you could see out there, Commercial zoning does allow quite a few different kinds of uses including some plants
and other uses that are not netessaly what we would consider friendly' for neighborhood resldentiol areas. The
list Is-uses that I have shown you, while they're not noxious, they are high intensity as for as 1rallic Is concerned.
The subject property Is not platted and would need to be p[etled prior to sny other development; any development.
As far as public notice goes, six property owners were notified and to this day we have two rtaponses Both are In
favor. The applicant declined to have a netghbonccod meeting and staff tended to agree because there really were
no neighbors to meet out there, I'll answer any questions that you may hivs
Commissioner Engelbrecht: Commissioners, questions? Me, McElreath, the petitioner was aware of thb...
Ms McElreath: This report..,
Commissioner Ergelbrecht Cie problem they were having with their Intensity? Ar
Ms, McElreath: Yes, slr.
Commissioner Engelbrecht. And they chose locome ahead?
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Planning and 2oning Commisslon Minutes
October 29,
Page 42 of 82
Ms. McElreafh: They were-we dscuo.ed this with them before they submitted as well as eller they submitted end
they've also been provided a copy of the repxi
Commissioner Engerbrecht All right. Okay. Thank you.
Mr. Rishet: Has there been any communication with the developer since you put'ogether the summary sheet on"
Denton Plan and the checklist that we have on that? , 1 1. Mr. McElreafh: I did supply them with a copy of this report esetiy is you see I' and there was no oommuniatfor,
9+ith them since.
Gimmitsstoner Engelbrecht: Any other questions for slot? Thank yLJ.
Ms.McElreath: Yovreweloome.
Commissioner Engelbrechb is petitioner or petitioners representative present? Please give us your name and
business address.
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Mr. Key: I'm Kent Key, 3524 Belmont and John Rainey end I own this plea J land together up there. Thli ydour
acres on Loop 288 and It Is s PD rghl now. It's a PD for mulddemily and single family housing and as you web know
we're In one of the biggest residential booms of time, probably of the history of Canton. We haven't been able to
market this plea of property for single family use at all. That has bean-that area out there, I think everybody's
pretty famniar with that area, we have Lowe's out there, we have GTE Service Center out there. Were fbdn j b have
e radio isotope plant bunt adjoining this piece of prr)erty. It's going to be ham. 'I gat the people to five h a Ongie
family neighborhood that obvis that kind of commercial development, that kind of tight industrial development All
around this property Is kohl, Industrial. S he reason we didn't have a neighborhood meeting Is because there are no
neighbors. There is no neighbwih.A out there. There Is no other single family zoning out there that i could 8M.
It's al! light industrial or commercial or, down on the comer Is In general retell. So, this It actually not an iaeurate
draong of our plea of property, Our ptoce of property cuts right through here. She's highlighted Ih11; whole via j
but 1hal' a not our plea of property right there, t think slalf has given you a little bit of a distorted vk,w of the trip
ganeo,fions that this is going to genertte. Staff has based ail of their numbers upon 34 saes. This place of
properly has approximately 20 acres of 8aodpleln on It and about 114 to 15 acres of usable lend. The kip
generations could never amount to this unless we bring the other half of Denton over there and 66 In this land over
there. So, the kip generations are very Inaccurate at to what could ever be produced on that plane of property
based on 34 acres because we don's have 34 useable acres over there. It seems like to me that most of the growth
Is devetoping that way along Loop 266, Ire mostly commercial, later. We have Lowe's fight down the street. We
have several people that have been interested In the property as for as cammerclol but noWiy interested In the
property as far as single femny and, of course, we have a huge multldamtty, development gc np right across the
street from that right now. We were trying Io tlmil the number of muld•family developments In filet area, I Ihfnk tlds la
a good opportunity to set beck end not have another multl•fomlly development right there on that particular front little
section that we have right then. Anyway, that-we don't have a specific use for file ilea of p operty, Were just
trying to change the zwJmg to be able to market the property.
1 Commissioner Engelbrecht Questions for Mr. Key? Have yuu, 1 would like, have you, did y" lark to staff at or
about studying that area to consider.,,
t Mr, Key: No, I don't know...
Commissioner Engelbrechl: a change in..,
Mr, Key: I don't know where those comments came from. We haven t had any meetings. I Halved this today to I
haven't talked with staff about any of those comments that she had addressed. We did, when we took h In and
criginalty tat down and showed them what we wanted to do, that was, we were told that wag a large Hap tar that 1
sita,.,
C,ommisCorner Engelbrechl: Yes. f t' i; \
Mr. Key end, but Chars the only comment end Ian remember that was made by daft
t
Commissions( Engelbrecht: What..,
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Planning and 2oning Commission Minutes
Oclober2e,11998
Page 43 of 82 S
Mr. Key: I've had no other convene Ions with any-I've never had a conversation with this young lady,
Commissioner Engelbrechl: The reason I was among thal, given your arguments that you're making about the arcs
and all that sort of thing, k would seem appropriate that, you know, one of the wsys to kind of get around that Is to
request a study of that area to sea 9 you can't get it moved out of law Inlenslty Into a moderate or something also so
than the toning would be consistent with the Denton Development Plan, ate, etc.
Mr, Key: I understand but I also understand ell of the new Denton Devetopfieni Plans that were looking at has that
all as high Intensity down through there end Veen hoping that we don't have to k o d ourselves to the '88 plan exactly
and we can uSa a little bit of foresight to go forward.
Commissioner Engelbrecht You had indicated how many acres were in the 8oc dplain?
Mr. Key: There's approximately 21 acres in the boodplaln, There's approximately, I believe thares about 15 acres
of useable land over there.
Me. Donaldson: Actually, R I coca d comment. Out definition of boorlarea simply matches the de,,eloped space
against the total area M any lot end a lot would, In fad, Include 9oodplain unless It . vra dedicated.
Mr. Key: But if I don't own that 8oodplai. . i dedicate It to the City.
Mr. Donaldson: If d were, In fact, dedicated to the city thief, there a horse of a different color but we don't require
that you dedicate it to the City and the representations of theta samples 1 beleve are accurate about what Could, In
fad, be built on there without a minimum, or without a maximum height in the commercial tone district. You can put
a whole lot of development on a small piece of ground with a
Mr. Key: Well.,..
Mr, Donaldson: 2 to 1 floorlarea ratio.
Mr. Key: I think...
i
Mr. Donaldson: Now the market may not dictate that but without any other aAemaliv, 4% offered by the applicant,
we're forced to kind of analyze that at worst case scenarto.
Mr, Key: Well, If you'd like to do some trading, we can do some trading. I{
Commissioner Ergelbrechl: Okay. Any other questions for Mr. Key? Thank you, Ile.
Mr. Key. Okay. Thant you.
Commtssloner Engelbrecht Is there anyone present who would like to speak In favor of this petition? Anyone
present to spealt In favor of the petition? Anyone present to speak In opposition to the petilion? Anyone present to
speak In opposition to the petilion? Given no opposition, we walve rebuttal. The pubic hearing Is dosed. Ms.
McElresN, any final staff comments?
Ms. McElreolh: I did have a brie' discusston with Mr. Salmon about our 8oodplaln. I did, cos used our shape files to
determine where the llcodplatn was In this area and while some of this Is In the boodplaln, k doesn't retied that in
our computer system. But most of that is recielmable. Oust we throw that b Sod for 0"Ill. We would allow
them to reclaim 6osl of that ff they those to do so,
Commissioner Enoelbrscht Oh, i was going to ask you-the lights are going, IoA,a. I war going to ask you, [ know
that we have drainage work In these areas over In here. Is it possible that some of [hat would pull some of that
boodway out. But what you're suggesting is Is that It actually lsgt M theta will could be back•Alled ff thsv wanted.
Ms. McElreath: Well, there is some f oodway through Ns property, so all of k wouldA be reclalmabte bu' a large r
majority of it would be reclaimable if they chose to do to. r / \ r
Commissioner Engetbrecht Do you have any Idea what'large' means? Does Mr. Salmon know? Any sense of.,,
23.
Planning and Zoning Commission Minules
Oclober 28, 7998
Page M of 82
Mr. Salmon: rm sorry. I really dun'1 have a sense of proportion I think I can agree that a large portion of this
property Is In the floodptain and I don't think it's any soael that the City of Denton would like to obtain that floodplain
as a greenbelt. But as our ordinances are structured right now, a large portion of that floodplain could be rec alined
end they are only really required to dedicate the flwdway. So, you know. there's-1 think we do need to take Into
account some of the floodplaln property because as It Is now, a considerable amount of the floodplaln could be
reclaimed.
Cemmis<.loner Engetbrechl Okay. Any other questions for staff? Ms. Mairealh, do you have any other final
comments?
Ms, Ivi beast: No, air. Just a recommendation,
Commissloner Engelbrecht: Commissioners? Any comments or a motion?
Ms. Gourdis: t was Just wondering if we were to postpone this because I, tome this wasn't vary-11 didn't give mean
Idea or anything, I wanted to see, you know ofler even we talked about flaodplain, I worried to see a topography
map. I wanted to see what the elevations were; how much of It Is In the floodplain. I mean, We one word against the
other, I'm feeling very kind or frustrated like we're getting pulled two different directions without enough Inromratton.
I would like to tee it come back with floodplaln; site, you know kind of what their, kind of Ideas; what portr• will be
dedicated off this part, what part they're going to build on. I'd also need to know is, I'm curious about Loo, 288•
More Is that going to-Is It going to conlinus like fl is once the expansion goes It or are they going to cut h down o8
of, through, like right post Lowe's, or how Is that going to work? isnl that going to effect the property also, 1 mean
there's Just so many things Ihal that area, there's to many questions with the Loop being changed and the floodplain
and everyone bullding their property up that I don't feel we've got enough answers to the questons.
Commissloner Engelbrechl let mo ask Iwo things. First off, Mr. Donaldson, if we, If Nis is dented, how long before
it could come back,
Mr. Donaldson: The applicants could, In fact, appeal the denial directly to Council and take the request to Counoll.
Commissioner ErgelbrechL Assuming It was denied el Council...
Mr. Donaldson: By further restricting the zoning, th :y could come back immediately as long as k's a more restricted
form than you're seeing today.
Commisstoner Engelbrechl And by more restricted form, you mean--conditions?
Mr, Buc0Yes, You would add conditions to-you might eliminate some of the things you could do In..,
Mr. Rishat: The uses.
Mr. Bucek: a commercial area,
Commissioner Engelorectt: Okay. III
Mr. Donaldson: The uses, the floodarea ratio, maxlmumheigi i
Mr, Rishtt: Mr, Chairman, it sounds to me like we've got two parties that need Io do some more lalWng-a
developer that would like to, what appears to be a logical change of zoning that we have that's something there
more appropriate for the rest of ms environment in that area and a City that has some definite changes with regard
to our topography of our ores that we're looking to In the future. So It eertalnly seems appropriate that we look at
some sort of action on this between the City and the developer,
Commissioner Engelbrechl The reason I was wing about denial was dust simply because ( wanted to see if they r
could come back. i don't want to deny anyone the right to come back quickly, you know, with this. So It would i
appear that the denying It to motion won't do that, so there an option. We could postpone but I would agree with 4r <
your perceptions f 1
Ms, McElreath: Mr. Engelbrecht, I would also like to add that 11 Is true that i have not spoke wilh Mr, Kent Key. He's
been out of (own up until the last couple of days from my understanding, fYe been working with Mr. Rainey.
24.
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Planning teed 2wPngCommit scionMinules
October 26, 1996
Pagc 45 or 82
Commissioner Engelbrecht Okay. Thank you.
Mr. Bucek: I think one or the things that you need to keep In mind if you want to postpone es we did in the other
where we talk about a study, it might be good in this use to Imply or refer to staff the kind of stuff you want and
make It contingent on the applicant providing start that Inrormatio t because the whole eoncapt of studying means
that two Sides are working on N and we need to be sure there's some leverage on staff to be able to work With these
folks.
Mr. Rishet: If seems rather apparent to me that his conclusion that this whole environment has chary ed from a
residential area to more of a commerciaVratall type ores Is very logical so I don't know what sort of .tudy you're
referring to. 4
Mr. Bucek: I thinking that what, for one thing we didn't even have, we don't have, I'm not sure we have the
dimensions correct. I think one of the things Is N could well be that this Issue of Ne floodplain, we need some
1 cooperation. T hat is something they re willing to work with us onto try to determine those elevet one or whatever
may need to W done.
Mr, Donaldson, X d also N with respect to the Denton Development Plan, we could quite literally could In fad
change the plan to re led a moderate activity center In this area which would raise the Intensity threshold,
Ms. Gourdie: Is ttiere a...
Commissioner Engelbrechl: I migIld ask staff H they have any comments with regard to how they might like to see
this handled. They're the ones that are going to have to do the work...
Ms. Gourdie: Thank you.
Commissioner Engelbracht. down the sine.
I
Mr. Donaldson: With. the 1998 Denton Development Plan to the gal, we're dancing with right now..,
Ms. Gourdie: That's light
Mr. Dnnaidsom until we adopt another one so we're kind of working within those parameters. It allows game
Aexloility but certainly not the type of straight commercial zoning that's In our toning regufaGons. I can't see us
getting to tow intensity without conditioning the commercial tone district.
Ms. Gourdie: So what you'd ilk% i guess I'm Just-to Investigate changing this ores to a moderate Intensily, to '
understand the topography of Ne land (where the Aoodploin :;as). to get straight what the lend ale Wks tike, what
we're actually, what the, I guess because we didn't have that right were the three Issues and area how Loop 288 to
going to affect the pfopeny Nsetf since that's all being rearranged too. Would that be the four issues that.,.
Mr. Donaldson: Anything else,T8na9
Ms. McElreath: Well, the Denton Development Plan offers two ways we can address the ultustion. One Is for this
specific site It says that, 9f a specific request violates a general pacy of the prcporticnals agxatlon, a
delermination should be made whether there are planning considerations that would warrant approval of a
dispropotionste elocalion of Intensity. It may be more desirable to allocate more trip generation intensity to s
proposed development that Is adjacent to an existing major tfwroughlarm.' The othx thing that the Denton
Development Plan allows us to do is perform a study thsl's been suggested and that would required the Planning
Commission to direct us on how i Ake that study to be conducted on changing Ns activity centers In this errs.
Ms. Gourdie: I'm toffy. I forgot my four Issues. I was Astentng to you and I didn"t Lear--okay, so would you gka me
to put forth that we postpone it for the staff to Investigate those four points or do you Just went 10 deny ft and may,
r/ r
'Staff, lake care of We
Mr. Bucek: I believe the's torli to you.
Commissioner Engelbrecht; Well,-
25,
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Planning and Zoning Commiosion Minutes
October 28,108
Pape 48 of 82
Ms. GOurdle: I know you can't say, I guess you and I am the only ones talking here. Mr. Moreno-Safty?
'ommisslonerEnpelbreofl.
M(, Moreno: 1 like to see it postponed for further study.
Ms. Gourdie: Do you have any Issues fhaf we need to tali them what issues we went them to study.
Mr. Moreno: The ones that you've enumerated.
Ms. Gourdle: I was to afraid you'd say that. Can you tell me what they were.
Commissioner Engofhrecht: Well, you know, staff can go back end took at the minutes.
Ms. Gourdis: Okay.
Commissioner Engefbrecht: That's going to be in the minutes-verbatim,
Ms. Gourdie: Thank you. May. I move-
Commissioner Engelbrecht Let me just Interject, There's a question of how long we Want 10 postpone this and I'm
not sure that 1098 Is sufficient given ws'rs lark ng.,,
Mr, Rishel: Other things on ) our plate.
Commissioner EnoelbrechC Right.
Mr. Rishel: You're looking of staff.
Mr, Donaldson: And we have to write a Comp Flan come where between nos and then.
C"missloner Engetbredit: It's rct that it eartdn't get done but would It be better If we pave y6u a Gttlo more %me In
thls particular sltualion? Not that you might not pet done but at least you'd have the outside...
Mr, Donaldson: Provided the opportunity for more time, we would lake it, If you put it that way.
Mr. Bucek: One of the things Is the length of time you set controls how deep the study can be but there's some
concern about leaving it too open-ended because the sppticenl has certain rights, too. I think She minubes willre'lect
the Issues are out hereto how we can Dustily it but 1'd be very cavtlous about not tying ft-You know, I sold 104
because we know the to three regular meetings in 1998. H you'ra going to go beyond that, you need b pick, lei s j
say the second toodor meeting 10 January or something so they,..
Mr. kishel Unless gnu to it In as a 30 day kmil, is that correct? {
Mr. Sucek: There's a 30 day limit on plats.
Mr, Risheh Okay.
Mr. 8ucek: But I don't think we have a IImR on zoning.
Commissoner Engelbrecht: The reason I bmupht this up was becouso We're taBJng about studying VW Issue of an
InlensRy ores which is a We bit more Involved than one sma8 two saes or something. We're looking $l thal whole
ores. In essence, along Loop 288 there as I see If end so thsfs a tittle move time to study end to I gout I asked
stall Is the, Is sometime, Is February a reasonable time?
Mr. Donaldson: Absolutely. r,
Commissioner Engelbrechl: I mean, that doesnl preclude the petitioner from doming in and looking al this trying b
pet this Wig done quicker bud I want to also have staff fto to study this thing because there's two Issues.
26.
Melilla
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Planningand Toning CommlulonMlrulas
October28,1 gg8
Page 47 of 82
Mr. Bucek: One thing t need to be sure about because I havent ever worked through this before. If you're decision
Is to postpone, I'm assuming (to February), I'm assum'r g that can be appealed directly to the Council or is tt only R
It's a denial?
Mr. Donaldson: I have to lonk that up.
Mr, Bucek: See, 1 don't have that answer and thats why rm just wondedng N we ought to Inpulre from the i
developer?
Ms. Gourdie: Yes, because I...
Mr, Bucek: What he feels ebeul a postponement.,.
Ms. Gourdie: I would, I mean, looks 0ke be would probably want to get on the ball.
Mr. Bucek: until the first meeting In February.
Ms. Gourdie: Because, and maybe we could do it where, to the basic things that we'd get Into-traffic, were the
Loop 288's going, what the topography is, 1 mean those basic things but I think to really actually Investigate the
moderate Intensity thing, that's something that I think takes time that 1 don't think there fair to Mr. Kay 10 say...
Coc,missroner Engelbrecht No. 1 agree. I unde :land end N yoJd like to talk to the petitioner again end ask some
questions? Would you like to do that, Commissloners?
Mr. Rishel: Yes. Posse.
Commissioner Engelbrecht Okay. Mr. Key, would you mind coming down for a moment?
Mr. Rishel: Thst was a majority of three, I think.
Commissioner Engeibrocht I think It should be pretty obvious what the Isvis Is here. We'd 0ks to see you get this
worked out with staff and please Interrupt me, Commissioners H you don't think this Is correct. But as part 9f Ihet,
we want to mako staff has sufficient time to try and address We Issue of a moderate activity center versus low
Inrenaity, You're probably right but it's got to be studied. We don't to really go against the Development Plan we
have now We know we have another one In progress but we really need to make sure we've covered our betas kt I
terms of studying that, The other e'de of it Is vie do i 1 want to hold this up loo long.
Mr, Key: I gusss my question would be If you postpone, can Igo on to City Council and ask for approval? That was
my, that would be my question,
Mr. Rishel: Then we have a choice of postponing or denying,
Mr. Bucek: See, that's my concern. I know if they deny N, N you'd say you'd rather them deny you than postpone
you, lhal tell them something to think about.
Mr. Key: Right.
Mr. Bucek: I don't think we have a direct answer. We know that ifN's denled, we can appeal it and the concept Is If
N's postponed, N's 50150 end I don't have that answer. I just don't have that answer,
Mr. Rishel: I think if you want io go on to Ciy Council, then the best thing for us to do Isto deny It
Commisslonar Engelbrechl: You're saying you'd like to goon to City Council?
Mr. Kay: Well, I'm saying I probably dan't wad to welt until February of March of whenever the City gets around to
doing whatever study this is. I don't know aAactly what you're talking about for the study of the area. I moon, I r~.
//r\
Commissioner Engelbrcoht: Now, i...
Z7.
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Planning and Zoning Commis sloe Minutes
Wober 28,1998
Page 18 of 82 1t
I
Mr. Key: I guess yov need a study to raise the IntwW-.y out there but apparently there's already been some studies
done out there because Its InlensRy ls an raised around It. I mean, ran thinking...
Ms. Gourde: Wall,,..
Mr. Key: Am I the only one not seeing the light here?
Ms. Gourdie: Well, no...
Mr, Key: I mean, what's the deal.
Ms. Gourdie; Just because We been zoned differently doesn't ms^.r that R's changed the Intensity factor. i mean, an
of us are in different 11018 Intensity zones and just because they've coned It that way doesn't mean that It a changed
what the plans Intensity concept was. That's a whote different Issue and that's why we're redesigning the Donlon
Plan Is because these things have changed. You just can't change the batch every time you do @ zoning. Thare not
how ft works, They don9 go hand In hand and I totally agree, Yes, we've got tons of this light Industrial. Why on
earth Is this still low intensity. It's because we're wonting on a...
Cornmisstoner Engslbrecht: Anew plan.
Me. Gourdie; 10 year old plan that should have been changed 8 yarn ago
Mr. Donaldson: And night Industrial is quite often low Intanstty in terms of trip generation. Wernetlonel bolopos, for
example, has a building on a 20 acre lot In one bundling. i don't remember who many square feet they have but In
terms or trip generation, It Is low intensity which is our primary standard for measurement these days.
Mr. Key: But you don't want to buy a house next door to the prop".
Mr. Ri net; And we Jon't disagree with you on that. I dor,'i WIN we see this as residential area *WWI.
Me. Gourdie, Right. We don t.
Mr. Key: Right.
Mr. Rtshei: But,.
Mr. Key: I understand. I guess I'm just trying to sea-a know that some of these other areas have changed that are
right around me and that's why rm saying was there W ever something done.,.
Me, Gourd a Wen, that's why,,, 1
Mr. Key: around It.
Ms. Gourdie: were trying to get this Donlon,.,
Commtsslolor Engelbrocht: They were already zoned,
Ms. Gourdie: Development Plan to work. Yes.
Mr. Key: No. They were not. Right down on the comer, that stuff was not zoned. Dennts Cops took that and got h
zoned
Ms. Gourdie. Well, if en, when the plan first came around it cos all agrleuhutal and than they k.nd of did their PDs
and they did certain,,.
Mr. Donaldson: Yes ) r / `
Ms. Gourd* areas as Wain things. l Jt' \ G
Mr. K,ey: I just talking eboul withln the last couple of years this was happening. f
28.
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Planning and Zoning Commission Minutes
October 28, 1998
Page 49 of 82
ti
Ms. Gourdie; An fl 1s Is we agree with you 100%. Were just concerned because we weren't presented with realty
any, we didn't know about the floodpfain. Thal was thrown upon us. We weren't realty given enough Informalon to
make a decision lhafs going to Impact our city. And U's Eke, were as Commission want, we want to ass eertaln
things so that our decision reflects upon the city in a poslNo way that we can get people to and from your
development, that we an get people home safely, that we an do A these things and we don't have enough
Information to make this possibts for you. And thafs why we're asking..,
Mr. Key: Could you make that possible by the next meeting? %
Ms. Gourdie; Well, we can L,.
Commissioner Engalbrechl: I doubt it.
Ms, Gourdie: City start can't get together than Information but 9, 1 mean I think d we preclude saytnp Investigating
the Increased Intensity activity thing. If we say put that off as not perlaWng to his development but es something that
we need to do ea a Commission and as a staff, We need to Investigate that so when the next person comes up and
says, 01 want to do this' we ve got it avallable to us and let Mr. Key, you know, bring this Informaton to us so that we
an approve it or disapprove It. I just, I feel Eke we're holding him up,
Mr. Rlshel: I don't want to gel Into your, I mean, do you hive a buyer Ihaf s ready for this place of property?
Mr. Key: No.
Mr. Rlshel: Is ni, okay? Il sounds Eke there's a little b4 of Emm hereto look at k aril any though.
Mr. Key: Yes, I mean, I don't mind iooking at it and I don't might going through the process but I don't went to go
through a process that's going to take 3 or 4 months..,
Ms. Gourdie: RighL
Mr. Key. and me have to do a floodpfain study and an these other things that we need to rid jutI for zoning. That
Issue w111 come up defnilely In ptafting rd we will answer that Issue In platting. Sul in zonlnp, I don't think that's
part of s zoning case of how much of my land I need to give for that I don't think that he. 0 rything to do with my
zoning case.
Ms, Gourdie: No but It has-trip Intensity has everythtng to do with zoning because we don't how much of your land
Is fseable. how mud, land are you going to be using and If you only base our Intensity leclors on how much land,
you know were told ycj have to many metes but then you come back and say, Vefl, 1% of those acres mreril
usable' So It changes the whote scenarlo. if you come In with this Information, TrIns can do bar Intensity study and
we can come back and say, "Yes, Mr. Key. It's beautiful. 11 works fine' Out tight now we didn't gat that Inforrnallon
and right now it looks horrendous and as Mr. Donaldson said, k's the worst case sanaRo. Ifa the Only way you an I
present It, And ifs not trying to be dlffieulL We just want to sea that we oat the best possble product for the city of
\ Denton and we just need more Information. Thafe all we're asking for Is please provide us a hate bit more
Information ale wo'H go forward. !
Mr. Key: I jus4 I mean, I'll let you guys...
Mr. Rlshef: I mean it sounds to me like sAr....,
Mr, Key: ,.postpone n lot a meeting or two or deny it, whichever one...
Commssioner Engelbrechl: Okay.
Mr, Key: you would rather do. I mean, prat's
f~.
Mr. Rishel: I would say the most beneficial to him Is going to be denying the nation,
Mr. Key: Okay and [hen I can come back...
29.
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Planning and Zoning Commission Minute s
Oclober26,1096
Page 60 of 62
Commissioner EngelbrechC I underalend. That answers our quesilon. That's kind of what we wanted to know.
Thankyou.
Ms. Oourdis: Of course, "he goes to City Counell with a dentet it's going to be the some exert Information, correct?
That the trips Inteneiy era too high and everything else lagoing lobe..,
Commissioner EngelErechL Ste#repod goes up.
Ms. Oourdie; exact Same way se he's reedy not bsns0ling.
Mr, Rlshel; Right. He carries evorything up with him,
Ms. Gourd* Okay,
Cc nmissloner Engelbrscht: So, Commissioners, any more comments or a motion?
Mr. Rlshet; I'll take a motion.
Commissioner Engelbrechb Yet.
iAr. Rishet: I move to recommend denlel of Z-9t1--049.
CommUloner Engelbracht: Is there a second?
Mr, Moreno: IT second.
Commissioner Engelbracht; Any dtscutslon on the nallon? Motion Is to deny the request; recommend denial. Alin
fauorplease ralseyour right hand, Motioncarrieaumnlmousy, (4-0)
if. l4cid a public hearing and consider making a recommenda0on to City Council concerning a change In
zoning on 34.867 acres from a Planned thvelopme,4112 (130-12) zoning district to a Condidoned
Commarclsi (C(,]) zoning d1atdc6 The 34.667-more property Is legally described as being part of
Block 10, Wimbledon Village, Phase V, part of Block 11, all of Bloelr 12, and part of Block 13 Wimbledon
Village Phase IV, and mtl of the dedleatad right-of-way known as Walden Place (shown on the revised
plat of Wlmbiedon Villsgo, Phase IV, now legally vacated). It IS located on Ne south side of tdSE, sost of
State School Rd. (Z-06.051, James Wood Auto, Trlns McEtrooth)
Commissioner Engeit+rert,C It's been an hour and a half, Commissioners. Do you wan[ to take a shod break? Do
you want to move on and finish the pubfic hearings? Vvhefs your pleasure? Finish the public hearings?
Me. R,ohel; Yes, Sir.
Commissioner Engeibrechb AN fight. Item 011 Is to hold a pubfio hearing and conalder making a recommendation
to City Council concerning a change In zoning on 34,667 acres from a Planned Development 12 zoning district [o a
Conditioned Commercial zoning district. The 34461-mcra property to legatly described as befng port of Block 10,
W rnbtedon Village, Photo V, part of Block 11, all of Block 12, and part of Block 13 Wmbtedon Village Photo N, and
all of the dedicaled Oght-of•wsy known as Walden Place (shown on the revised plat of Weldon Place, eta). IN Is
loaled on the south side of 1.35E, east of Vote School Road. Ms. McElremth, would you ghee l,s the staff ropod,
please.
Ms. Trims McElrcath presented the staff report.
his, McEhealh; Yes. First, I'd like to say that, since the agenda was posted, we did have a reduction In acreage-
33.776 is the correct scroage.
Commissioner Engelbrecht: AN right. rr'
Me. McElreath: The appllcont has requasted commarctat coridithned zoning district. And the oondidon that the r ! r'
appiicsM proposes are that uses be limned to general retail office uses and auto silos and service out of UK
cammerclal distriel; and Secondly, that the southern boundary of the auto soles and Service use be buffered with
landsceptng of Small and large bets to mltlg2te noise and fighting ImpacU. The 1000 DOP shows this area Io be
30.
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• ~ ATTACHMENT 3
~!Q!~ commaroial niatriot i`
I
PERMITTED Uaral
primary Reaidenttp, Uses
One Family Dwelling Restricted
Community Unit Development
Dormitory, Boarding or Rooming House
Hotel or Motol
lid cational.lnstitutional 4 special Usas
Art Gallery o- '!ussum
Cemetery o: H :aoleum
Church or Reotory
college or University or Private School
Community Center (Public)
Day Camp t
Lly Nursery or Kindergarten School
Group Homes
Halfway House
Homo for care of Alcoholic, Narcotic or Psychiatric Patientol
Hospital (General Acute Care)
Hospital (Chronic Care)
Institutions of Religious or Philanthropic Nature
Public Library
Monastery or convent
Nursing Home or Residence Home for Aged
occasional sales
Park, Playground or Public Community Center
school, Private Primary or secondary
School, Public or Denominational
school, Business or Trade
y-tJ)ity, Accessory and Incidental Usaa
Accessory Building
Community Center (Private)
Electrical Substation
Electrical Transmission Line
Temporary Field or Construction Office (Subject to Approval and
Control by Building Inspector)
Fire Station or Similar Public Safety building
Gas Transmission Line and Metering Station
Home Occupation
Off street Parking Incidental to Main Use
Off Street Remote Parking
Pubic Building, Shopp, Yard of Local, State or Federal Government
Ra~lio and/or Telovision Microwave TowAr
SEwage Pumping Station
Private Swimming Pool
Telephone, Business Office
Telephone Line and Exchange Switching oz Relayy Station
Water Reservoir, Water Pumping Station or Well
Water Treatment Plant
.I
31.
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"Coe pommffirnt
Reoreetienal and rntartainm nt Uses
Amusement, Commercial (Outdoor)
Amusement commercial (Indoor)
Country Ciub (Private) with Golf Course
Dance Hall or Night Club.
Fairground or Exhibition Area
Public Golf Course
commercial Golf Course
Public Park or Playground
Public Play field or stadium
Rodeo Grounds
Roller or Ice Skating R'.nl:
.rasa---
Stable, Private Club
Stable, Commercial Rental
stable, Boarding
swim or Tennis Club
Theater,'Drive-in
Theater, other than Drive-in Type
Transportation RBlated UnAm
'-Airport Landing Field or Heliport
Bus station or Terminal
Hauling or storage Company
Motor Frr$ght Terminal
-Railroad Freight Terminal
? Railroad Passenger Station
"',Railroad Track or Right-of-Way
-'Railroad Team Track
Truck Parking Lot
commercial Parking Lot or Structure
Automobile Service Uses
Auto Laundry
Auto Painting and Body Repair
Auto sales and Repair (in Building)
Gasoline service station
New Auto Parts Sales Stores E
New or used car Sales Lot (In Open)
Seat Cover and Muffler Installation Shop
Tire Retreading or Capping
Used Auto Parts Sales (In Building)
Antigua Shop Retail and ServicgLType Uses
Bakery or Confectionery Shop (Retail)
Cafeteria
Cleaning and Pressing Small Shop and Pickup
Custom Personal service Shop
Drapery, Needlework or Weaving Shop
Florist or Garden Shop
Greenhouse or Plant Nursery (Retail)
Handicraft Shop
Household Appliance Service and Repair
Laundry or Cleaning self service
32.
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nC~ •ConueeroiR] eF~et fpQl{~ n. Iuad1
Retail and Service Type Uses (ce)
Mimeograph, stationery or Letter Shop
Mortuary or Funeral Parlor
Offices, Professional and Administrative
Off Premise sale of Beer and/or Wine
on Premise Sale of Beer and/or wine
Licensed Private club
Pawn Shop
Restaurant
Retail Stoves and shops - 4,000 sgyara feet or less
Retail Stares and Shope - Ovar 4,000 square feet
Studio for Photographer, Musioian, Artist or Health
Secondhand Store, Used Furniture or Rummage Sale
Tool or Trailer Rental
Agricultural Type Uses
r
Animal Clinic or Hospital (no outside runs or pens)
Animal Clinic, Hospital or Kennel (with outside runs or pens)
Farm or Ranch
oreenhouse or Plant Nursery
' Commercial TYPE uses
B2kcry (Wholesale)
Buil.Aing Material Sales
Cabinet and Upholstery Shop
Cleaning and Dyeing Plant (Commercial
Cleaning Plant, Bags or Carpets (Special Equipment)
Clothing Manufacture or Light Compounding or Fabrication
contractors Shop and storage Yard
Ergine and Motor Repairing
Feed Store
Heavy Machinery Sales and Storaga
Job Printing or Newspaper Printing
Laundry Plant (Commercial)
Milk Depot, Dairy, or ice Cream Plant
Paint Shop
Plumbing Shop
Scientific or Research Laboratories
Storage and Sales of Furniture or Appliances (Outside'a Building)
Storage or Sales Warehouse
Trailer Rental or Sales
Transfer, Storage and Baggage Terminal
Wholesale office and sample Room
PERMITTED U9£H HITH APYRQVED 6PEQIIIQ tl9E PER~ITI
A,
primaYy Residential. Uses
,~arxa~ler-ee~np-er--?tee-ile iioma park
Educ&tional, Tnst,itutional 6 Snantal Uu
Fraternity, sorority, Lodge or civic Club
3S.
_ssserr.rerr.er
~IL~ •`I
QR1paLerois_1 ~ striet~oonainuedl
` ltilityp Accessory end Ynoidantal Usaa
/ Eleotrical Generating Plant
Private Utility Shop or Storage Yard
sewage Treatment Plant
$aorafttisinal and Entertainment Uses.
Drag strip or Commercial Raoirng
Go Cart Track
Agricultural Typc Uaes
Animal Pound (Public or Private)
Commercial Type U.tgg
Flea Market
Natural Reaourca Stcraga and Extraction
, eley or gravel
a
QDReiel Snduatrial Preceeses
Temporary Asphalt or Concrete Batching Plant
Mixing and Sale of Concrete
AREA RVAUIRPRENTe!
Floor/Area Ratio 2tl Maximum
YARD RVOUTRr.Nr.NTa,
I -
Front Yards Minimum 25 feet.
side Yards No side yard is specified for non-residential use
except where a non-residential use abuts upon a
district boundary line dividing such districts from
a residential district or when the side yard is
adjacent to the street, in which event a ten (10)
foot side yard shall be provided.
Rear Yards No rear year is specified for non=residential uoe
except where retail, commercial or industrial uses
back upon a common district line, whether separatcd
by an alloy or not, dividing, the district from any
of the residential districts listed, a minimum of
ten (10) feet shall be provided.
HEIGHT REGULIITIONt11
Twenty (20) stories, except as noted in special setbaol:
required for all structures over three (3) stories.
1, 1
MEL1:3iENTAL REdl1LATION91
2, Parking (Based on use. Sea Article 34-115.) 3. Lighting
4, Landscaping
5. Screening sr Fencing
34.
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ATTACHMENT 4
ORDINANCE N0.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM
PLANNED DEVELOPMENT (PD-41) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION TO COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION AND USE
DESIGNATION FOR 34,047 ACRES OF LAND LOCATED ON THE WEST SIDE OF LOOP
288, APRX, 485' NORTH OF THE T•INTERSECTION OF MORSE RD. AND LOOP 283;
PROVIDING FOR A PENALTY IN THE MAXIMUM. AMOUNT OF 52,000AO FOR
VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, John Rainey, on behalf of Kent Key, has applied for a change in zoning for
34.047 acres of land from Planned Development (PD-41) zoning district classification and use
designation to Commercial (C) zoning district classification and use designation; and
WHEREAS, on October 28, 1998, the Planning and Zoning Commission recommended
denial of the requested change in zoning; and
WHEREAS, the City Council finds that the change In zoning will be In compliance with the
1988 Denton Development Plan and the 1998 Denton Plan Policies; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the zoning district classiliaatlon and use designation of the 3047 acre
property described in the legal description attached hereto and incorporated herein as Exhibit A
is changed from Planned Development (PD-41) zoning district classification and use designation
to Commercial [C(c)] zoring district classification and use designation under the comprehensive
z.mina ordinance of the City of Denton, Texas, subject to the following conditions:
1. Lighting on the propert) shall be designed and maintained so as not to shine on, or
otherwise disturb, adjoining property or to shine and project upward to prevent the
diffusion Into the night sky,
2. That the maximum allowable squar► footage be limited to 50,230 square feet (a floor area
ratio of about 0.057 to i), maintaining atraffic generation level at 2,043 trips per day
based on the estimated trip generation for the proposed use.
3. Access to Loop 288 would be limited to the proposed Collector Street.
4. 11.573 acres of Floodplain and 2,255 acres of Floodwsy shall be dedicated as Open
Space.
5. Eighty percent of all architectural exteriors shall be brick,
SECTION 11. That the City's official zoning map is amended to show the change in zoning r~
district classification.
SECTION III. That any person violating any provision of this ordinance shalt, ulon
conviction, be fined a sum not exceeding S2,0M.00. Each day that a provision of this ordinance is
violated shall constitute a separate and distinct offense.
35
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SECTION IV. That this ordinance shall become effective fourteen (14) days from the date
of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton,
Texas, within ten (10) days of cite date of its passage,
PASSED AND APPROVED this the day of .1998.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
IIERBERT L. PROUTY, CITY ATTORNEY
BY:
(t~ A
t
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LON6 :p
. GJlrC`'My DamwrgYtOHE,Ahnl
ATTACHMENT 5
NOVEMBER 3,1998
MEMO TO THE CITY OF DENTON STAFF REGARDING REZONING REQUEST AND
SUBSEQUENT DENIAL BY THE PLANNING AND ZONING COMMISSION ON OCTOBER
28,1998
PLEASE CONSIDER THIS FORMAL NOTIFICATION TO FORWARD OUR REQUEST FOR ,
REZONING OF TWO TRACKS OF LAND ON LOOP 288, ITEM. 10 AT THE OCTOBER 28,1998 P
AND Z MEETING, TO THE CITY COUNCIL FOR THEIR CONSIDERATION AND REVIEW,
J RAINS
KENT KEY
elk
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AGENDA INFORMATION SHEET r .016
DaM
AGICNDA DATE: Apri120, 1999
DEPARTMENT: Planning Department
CM/DCM/ACM: Rick Svehla, 349.7715
SUBJECT -Trinity Meadows (A-84)
Hold a public hearing regarding the proposed involuntary annexation of a 80.741 acre tract
located on the south side of McKinney Street (P.M. 426), south of Trinity Road. (see
Attachments I and 2)
BACKGROUND
C.H.M. Park, Inc. is proposing to develop a.1137 (rental) lot manufactured home park (MHP) on
the subject property. The 80,741 acre site is partially inside the City of Denton. Approximately
7.07 acres along McKinney Street are Inside the city limits, while the remaining 73.671 acres are
in the extra-territorial jurisdiction (ETJ) of the City of Denton (see Attachment 3). The proposed
MHP is designed to be wholly within the ETI, providing the city with only subdivision
regulation of the development. The developer is proceeding with subdivision procedures. As a
development in the ETJ, zoning regulations do not apply. The proposed subdivision design
provides for lots that do not conform with the minimum requirements of Chapter 32 of the Code
of Ordinance.
The development of the Trinity Meadows Subdivision will requite "wcral public improvements:
1. Right-of-way dedication along McKinney Street (RM. 426) and the proposed arterial,
2, Sidcwatks along McKinney Street (F.M. 426) and the proposed arterial.
31 Extensions of water and sewer lines.
4. Storm water drainage improvements.
3. Installation of fire hydrants
6. Dedication of public utility casements,
The proposed development is subject to the land d^dication portion of the Park Dedication
Ordinance (Ord. 98.039). A fee in lieu of dedication will be required for the subject properly,
equal to the pre-development value of 2.33 acres of the tract, during the platt;ng process. The
dcvcloper is required to pay the fees at lime of release of the final plat. Thy proposed MHP
would be exempt from the park development fees of the Park Dedication Ordinance, because it is
located in the ETJ. If it were within the City, park development fees would be collected during
the building permit stage equal to $187 per unit. If it were completely built-out as proposed,
total fees for park development would equal $63,019 (337 units x 5187 per lot). , s
In accordance with the City's annexation policy plan, approved in June 1993, the City wili
"assess on a case by case basis the annexation of areas in the ETJ when significant developments
are proposed." Staff is conducting a preliminary annexation assessment of the proposed
annexation in accordance with policy guidelines.
1.
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A preliminary annexation Service Plan has been prepared for City Council and public review
during the annexation process (sec Attachment 8). The capacity of Infrastructure such as water,
waste water, streets and electric service and services such as police, fire, recreation, and general
government are evaluated with respect to the proposed anmxation.
PRIOR ACTIONIREVIEW
April 6, 1999 - City Council received a report, held discusslor and provided staff with direction
regarding the annexation
ESTIMATED PROJECT SCHEDULE
This Is the Ont of two public hearings conducted by City Council. The schedule for public
hearings Is consistent with the requirements of State law (see Attachment 7).
FISCAL INFORMATION
None at this time.
JP&7- t; . cT .D R OMMENDAT~O~y
The Planning and Zoning Commission will hold a publ1w hearing and consider making a
recommendation to the City Council regarding the proposed annexation on Wednesday, May 12,
1999,
ATTACHMENTS
1. Location Map
2. Vicinity Map
3. Zoning Map
4. Utilities Map
5. 300 Foot Notice Map
6. Donlon Mobility Plan Map
7. Annexation Schedule
8. Service Plan
Res Ifuliy b
ve Hill
Director of Planning and Development
Prepared by:
-led
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Planner 1
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I t l l C W Pq.,. I, P.N, 71rprin,~ l jd.W I, n
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ATTACHMENT 1
NORTH
A•84 (TRINITY MEADOWS)
i
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Seedy Sh" `
M e
C4Mbtl
LOCATION MAP
Agenda Data: April 20, 1099 SCalo: None
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ATTACLAENT 2
A-84 (TRINITY MEADOWS) NOfiTH
yY ar• t ~r
r5q'r 4 JYAN H
y ,
rWNI rw,
1M
I
VICINITY MAP
4
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Agenda Date: April 20, 4999 kolo.- None
4.
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ATTACHMENT 3
NORTH
A-84 (TRINITY MEADOWS)
.
~'7 A I 4
_ R •
A{. I Nlb 1 ~
A roe 6r , 1 r
4t 1 is
IO It`~•
1 po41
,..1
1_ _ LI e
LI
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i
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aI
!►ENUR Ro I t LI 111 `SITEI
LI+ LI N`
I ' k., I
N r
UI .M .
1 1 00 I A A
I
kONING MAP
~I
Agenda Date: April 70, 1999 Scab. None
5.
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ATTACHMENT 1
NORTH
A-84 (TRINITY MEADOWS)
Ism
i loop t
v ORko80M RD d' .
.rtl•
4k t }
FI
SITE
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EXISTING UTILITIES MAP
Hydrants
• Water Line (W. L.)
Sewer Line (S. L.) x`
Electric Uns (E. L.)
Agenda Date: April 20, 1999 Beds: None
6.
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II
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ATTACHMENT S.
A-84 (TRINITY MEADOWS) NORTH
. FATMFNS PIAN
'atiti
VENcei 0
rp
f{ 500 FOOT COURTESY NOTICE MAP
11 f A1"r\
Agenda Date: April 20, 1999 Seals: No is
7,
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ATTACHMENT 6
w
NORTH
A•84 (TRINITY MEADOWS)
Mb I A.4
I
1
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II 1
i
TREATMENT FLM 1
I i
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sa i
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1 DENTON MOBILITY PLAN MAP
N Freeways
Primary Major Arterials
Secondary Major Arterlals ,
Coilectors ~ '
Agenda Dale: April 20,1999 Scale: None
9.
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ATTACHMENT 7
INVOLUNTARY ANNEXATION SCHEDULE;
TRINITY MEADOWS SUBDIVISION
ArWerdAIWO t, 1990
Saturday, April 10"' Notice published In Denton Record-Chronicle for first City Council
public hearing.
Tuesday, April 206 City Council conducts first public hearing. j
• Public notice must be no less than 10 days and no more than
20 days before public hearing.
o Annexadon Study prepared and available for public review.
a Service Plan prepared and oval lable for public review.
Sunday, May 2nd 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
oonsiders making a recommendation to the City Council regarding
the proposed annexation and the proposed zoning.
• Public notico must be no less than 10 days before public
hearing.
Tuesday, May 11'" City Council conducts second public hearing.
• Public notice must be no less than 10 days and no more than
20 days before public hearing.
Friday, May 21d' Notice published in Denton Record-Chronicle for second City
,
Council public hearing.
Tuesday, June 1'' City Council by a four-fifths vote institutes annexation r
proceedings.
First reading of annexation ordinance.
Action must be more than 20 days after the second public
hearing but less than 40 days from the first public hearing,
Sunday, June tad' Publication of annexation ordinance In Denton Record-Chronicle.
Tuesday, July 20" City Council by a four-fifths veto takes final action. Second
tUding 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 00 days after wincll institutes
annexation proceedings. c
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ATTACHMENT 8
ANNEXATION SERVICE PLAN
i
CASE NUMBER: A-84 (Trinity Meadows)
AREA: 80.69 acres
LOCATION: On the south side of McKinney Street (F.M. 426), south of Trinity Road.in
Denton's extraterritorial jurisdiction (ETJ).
Municipal services to the site described above shall be furnished by or on behalf of the City of
Denton, Texas, at the following levels and In accordance with the following schedule;
A. Police Protection
1. Police service, ircluding patrolling, response to calls, and othe, routine functions, will
be provided to the property within sixty (60) days after the effective date of the
annexation using existing personnel and equipment.
B. Fire Protection
1. Fire protection (within the limits of existing hydrants) and emergency medical services
will be provided to the property within sixty (60) days after the effective dale of the
annexation using existing personnel and equipment.
C. Sol A Waste Collection
1. Solid waste collection service will be provided to the property within sixty (60) days
after the effective date of the annexation using existing personnel and equipment.
D. WeterlWaslewater Facilities
1. Maintenance of water and wastewater facilities in the area to be annexed that are not ,
within the service a-ea of another water or wastewater utility will be begin within sixty
(60) days after the effective date of the annexation using, existing personnel and
equipment.
F. Roads and Streets
L Maintenance of roads and streets, (rcluding road and street lighting, in the area to be
` annexed will begin within sixty (60) days aner the effective date of the annexation using
existing personnel and equipment.
F. Parks and Recreation Facilities
1. Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in
the area to be annexed will begirt within sixty (60) days after the effective date of the t
annexation using existing personnel and equipment, However, there are no existing
parks, playgrounds, swimming pools, and other recreational facilities In the area.
t~ i...ll Ali '1 NI il11♦ VN01 f-111,.'0 V '?'I
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ANNEXATION SERVICE PLAN
(A-84)
Trinity Meadows
C. Electric Facilities
1. Electric utility service will be provided within sixty (60) days after the effective date of
the annexation using existing personnel and equipment.
Ii. Library Services
1. Library services will be provided within sixty (60) days after the effective date of the
annexation using existing personnel and equipment.
1. Code Enforcement, Building Inspections and Consumer Health Services
1. Code enforcement, building inspections and consumer health services will be provided
within sixty (60) days afler the effective date of the annexation using existing personnel
and equipment.
J. Planning and Development Services
1. Planning and development services will be provided within sixty (60) days after the
effective date of the annexation using existing personnel and equipment. The Planning
and Development Department currently provides services this property by way of
administration of Chapter 34 of the Code of Ordinances, concerning subdivision and
land development regulations.
K. Capital Improvements Program (CIP)
The CIP of the city is prioritized according to the following guidelines:
(t) Provision of Capital Improvements as compared to other areas will be based on
characteristics of topography, land utilization, population density, magnitude of
problems as related to comparable areas, estabIishtd technical standards and
professional studin,
(2) The overall cost effectiveness of providing a specific facility or Improvement.
The annexed area will be considered for CIN' improvements In the upcoming CIP plan. This
properly will be considered according to the established guidelines.
J, r
~`f,~niu.rmn l.rp4: 1'Lrn;6n f:0W.;r
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AGENDA INFORMATION SHEET lgandaNo.
Ap*
Dab. I-mW v
i
AGENDA DATE: Ap6120, 1999
DEPARTMENT: Planning Department
CNVDCMIACb1: Rick Svehla, 349.7715
I
SUBJECT -Mesquite Meadows (A-83)
Hold a public hearing regarding the proposed involuntary annexation of an 83A90 acre tract
located on the northwest comer of N. Loop 288 and Stuart Road. At present, the southern
14.741 acres of the property are in the city limits, while the remaining 83.090 acres are located in
the City of Denton's Extra-territorial jurisdiction (ETJ). (see Attachments t and 2)
BACKGROUND
Leaping Leopard, LTD. is proposing to preliminary plat the subject property as two parcels. Lot
1 is the 14.741 acre parcel located within the city limits. That lot is currently zoned Agriculture
(A). Lot 2 is the remaining 83.090 acres located in the ET), providing the city with only
subdivision regulations within that portion of the subdivision. The proposed manufactured home
puk (MHP) would be located on this portion of the property. As such, the city would have no
zoning authority over the proposed development.
Future development of Mesquite Meadows MHP will require several public improvements;
L Right-of-way dedication along Stuart Road.
2. Right-of-way dedication for proposed collector road. i
3. Offsite improvements to Stuart Road,
4. Stuart Road will be disconnected from Loop 288 requiring a cul-de-sac.
5. Sidewalks along all street frontages including Loop 288.
6. Extensions of water and sewer lines.
7. Storm water drainage improvements.
1 8. Installation of fire hydrants
9. Dedication of public utility easements.
The proposed MHP would be subject to the land dedication portion of the Park Dedication
Ordinance (Ord. 98.039), A fee in lieu of dedication will be required for the subject property,
equal to the pre-development value of tract, during the platting process, The developer would be
required to pay the fees at time of release of the final plat, The proposed MHP would be exempt
from the park development fees of the Park Dedication Ordinance, because It would be located In
the ETJ. If it were within the City, park development fees would be collected during the
building permit stage equal to 5187 per unit. Staff does not have information U to the number of .
proposed units, w A, \ c
In accordance with the City's annexation policy plan, approved in June 1993, the City will
"assess on a case by case basis the annexation of areas in the ETJ when significant developments
are proposed" Staff is conducting a preliminary annexation assessment of the proposed
annexation in accordance with policy guidelines,
e
A preliminary annexation Service Plan has been prepared for City Council and public review
during the annexation process (see Attachment 8). The capacity of infrastructure such as water,
wtste water, streets and electric service and services such ^s police, fire, recreation, and general
government are evaluated with respect to the proposed annexation.
P$,tOR ACTION/REVIEW
April 6,1999 -City Council received a report, held discussion and providod staff with direction
regarding the annexation
ESTIMATED PROJECT SCHEDULE
This Is the first of tw,r public beariugt conducted by City Council. The schedule for public
hearings is consistent with the requirements of State law (see Attachment 7).
FkSC L INFORMATION
None at this time.
pdc2 SUGGESTED RECOMMENDATION
The Planning and Zoning Commission will hold a public hearing and consider making a
recommendation to the City Council regarding the proposed annexation on Wednesday, May 12,
1999.
ATTACHMENTS
I Location Map
2 Vicinity Map
3. Zoning Map
4. Utilities M~.p
5. 500 Foot Notice Map
6. Denton Mobility Plan Map
7. Annexation Schedule
S. Service Plan
Respectfully submitted
D ill
Director of Planning and Development
Prepar by:
I '
Wayro Reed r A
Planner It t~- c
2.
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ATTACHMENT 1
NORTH I
A-85 (MESQUITE MEADOWS)
Krum
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LOCATION MAP
4
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Agenda Dais: ApNI 20, 099 Beals, None
7.
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ATTACHMENT 2
A-85 (MESQUITE MEADOWS) NORTH
x+ JY
SITE
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Milo
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am =W~
1~ n«w 1 / : 1 dL1e
VICINITY MAP
y l tf. t '
Agenda Date: Apol 20, M9 Seale: None
4.
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ATTACHMENT 3
NORTH!
A45 (MESQUITE MEADOWS)
i
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I
1 A
A 1
1
SITE A
P»
IO l10 - - _
A A - - -
PD Of " 10
A Poll w0
po 120
ti 1 l~ ' A , A
00 110 I 10 00
A
, HRR A W
_ ro 00 1 1 Y4{al
ZONING MAP
Agenda Dale; April 20, 1009 Sc*le. Hone
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ATTACHMENT 4
4
NORTH
A•85 (MESQUITE MEADOWS)
SITE Q
~ weitr w r
coa :w
J
3
EXISTING UTILITIES MAP
Hydrants
Water Lino (W. L.)
Sower Line (S. L.)
Electric Lino (E, L.)
a
Agenda Onto: April 20,1999 Sealo: None
6.
tc.
ATTACHMENT S
A
a
A-85 (MESQUITE MEADOWS) NORTH
Ai I ji I ! b r ,4^ ~ i ~
it
SITE
r
x
I
500 FOOT COURTESY NOTICE MAP
f `Oe \ t-
Agenda Cate; Aprif 20 1009 Scale: None
7.
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ATTACHMENT 6
4
NORTH
8-85 (MESQUITE MEADOWS)
i
i
SITE g
' ; i- ' UNIT w
! i
FIR M$ W
DENTON MOBILITY PLAN MAP
Freeways
Primary Major Arterials
Secondary Major Arterlals
Collectors
0
Agenda Date: April 20, 1899 Sales None
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ATTACHMENT 8
INVOLUNTARY ANNEXATION SCHEDULE:
MESQUITE MEADOWS SUBDIVISION
XMird Aprd Y, IM
Saturday, April 1011 Notice published in Denton Record-Chronlcie for first City Council
public hearing.
Tuesday, April 20th City Council conducts first public headno.
• 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 SeA4ce Plan prepared and available for public review.
Sunday, May 2nd Notice published In Denton Record-Chronicle for Planning and
Zoning Commission public hearing. f
Wednesday, May 12th 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 less than 10 days before public
hearing.
Tuesday, May 11th City Council conducts second public h arms, l
Public notice must be no less than 10 days and no more than
20 days before public hearing.
Friday, May 211i 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 of annexation ordinance,
• Action must be more than 20 days after the second public
hearing but less than 40 days from the first public hearing.
Sunday, June fit' Publication of annexation ordinanua Ir, Denton Record-Chronicle.
Tuesday. July 20th City Council by a four-fifths vote lakes final action. ;mod
read a and adootlon of the annexation ordinance, City Council
considers approval of zoning request.
• Council action must be morn than 30 days after publication of
ordinance and less than 00 days after council Institutes
annexation proceedings. r
V~ r
9.
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ATTACHMENT 9
ANNEXATION SERVICE PLAN
CASE NUMBER: A-85 (Mesquite Meadows)
AREA: 51.090 acres
LOCATION: On the northwes' comer of N. Loop 288 and Stuart R in Denton's
exiraterrilorial jurisdiction (ETf).
Municipal services to the site described above shall be furnished by or on behalf of the City of
Denton, Texas, at the following levels and in accordance with the following schedule:
A. Police Protection
L Police service, including patrolling, response to calls, and other routine functions, will i
be provided to the property within sixty (60) days after the effective date of the
annexation using existing personnel and equipment,
I
B. Fire Protection
1. Fire protection (within the limits of existing hydrants) and emergency medical services
will be provided to the property within sixty (60) days after the effective date of the
annexation using existing personnel and equipment
C. Solid Waste Collection
1. Solid waste collection service will be provided to the properly within sixty (60) days
after the effective dale of the annexation using existing personnel and equipment.
D. Water/Wastewater Facilities ,
1. Maintenance of water and wastewater facilities in the area to be annexed that are not
within the service area of another water or wastewater utility will be begin within sixty
(60) days after the effective date of the annexation using existing personnel and
equipment.
E. Roads and Streets
t. Maintenance of roads and streets, including road and street lighting, in the area to be
annexed will begin within sixty (60) days after the effective date of the annexation using
existing personnel and equipment,
F. Parks and Recreation Facilities
1. Maintenance of parks. playgrounds, swimming pools, and other recreational facilities in
the area to be annexed will begin within sixty (60) days after the effective date of the `
annexation using existing personnel and equipment. However, there are no existing
parks, playgrounds, swimming pools, and other recreational facilities in the area.
10.
C
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ANNEXATION SERVICE PLAN
(A-85)
Mesquite Meadows
G. Electric Facilities
1. Electric utility service will be provided within sixty (60) days alter the effective data of
the annexation using existing personnel and equipment.
H. Library Services
1. Library services will be provided within sixty (60) days after the effective date of the
annexation using existing personnel and equipment.
1. Code Enforcement, Building Inspections and Consumer Health Services
1. Code enforcement, building inspections and consumer health services will be provided
within sixty (60) days after the effective date of the annexation using existing personnel
and equipment.
J. Planning and Development Services
1. Planning and development services will be provided within sixty (60) days after the
effective date of the annexation using existing personnel and equipment. The Planning
and Development Department currently provides services this property by way of
administration of Chapter 34 of the Code of Ordinances, concerning subdivision and
land development regulations.
K. Capital Improvements Program (CIP)
The CIP of the city Is prioritized according to the following guidelines:
(l) Provision of Capital Improvements as compared to other areas will be based on
characteristics of topography, land utilization, population density, magnitude of '
problems as related to comparable areas, established technical standards and
professional studies.
(2) The overall cost effectiveness of providing a specific facility or improvement.
The annexed area will be considered for CIP improvements in the upcoming CIP plan, This
property will be considered according to the established guidelines.
A' G
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cAGENDA INFORMATION SHEET /WaNO, ~'~-016
AP4 ham
Dab
AGENDA DATE: Apri120, 1999
DEPARTMENT: Planning Department
CM/DCMIACM: Rick Svehla, 349.7715
SUBJECT - Lubbers Addition (A-96)
Hold a public hearing regarding the proposed involuntary annexation of a 19.365 acm tract
located on the south side of Edwards Road, approximately 2,000 feet west of Swisher Road in
the City of Denton's Extra-territorial jurisdiction (ETJ) (see Attachments 1 and 2),
I
BACKGROUND
Allen Lubbers is proposing to develop a 19 (rental) lot manufactured home park (MHP) on the
subject property. At present, it is located In the Extra-tcrrilorial jurisdiction (ETJ) of the City of
Denton, providing the city with only subdivision regulation of the development. The developer
i+ proceeding with subdivision procedures. As a development in the ETJ, zoning regulations do
not apply. The proposed MHP design provides for lots that do not conform with the minimum
requirements of Chapter 32 of the Code of Ordinance.
The development of the Lubbers Addition Subdivision will require several public improvements:
L Right-of--way dedication along Edwards Rond,
2, Perimeter paving along the frontage of Edwards Road.
3. Sidewalks along The frontage of Edwards Road,
4. Extensions of water lines.
5. Storm water drainage improvements.
6. Installation of fire hydrants
7. Dedication of public utility casements
The proposed development if built would be subject to the land dedication portion of the Park
Dedication Ordinance (Ord, 98.039). A fce in lieu of dedication would be required for the
r,ubject property, equal to the pre-deeclopmcrnt value of 0.09 acres of the tract, during The platting
process, The developer would be required to pay the fccs at time of release of the final plat. 1he
proposcd MIIP would he exempt from the park development fees of the Park Dedication
Ordinance, because it -%,)uld be located In the ET). If h were within the City, park development
fccs would be collected during the building permit stage equal to $t87 per unit. If it were
completely built-out as proposed, total fees for park development would equal $3,553 (19 units x
5181 per lot).
i
In accordance with the City's annexation policy plan, spyroved In Jane 1993, the City will t / f•
"assess on a case by case basis the annexation of areas in the ETJ when significant developments
are proposed," Staff is conducting a preliminary annexation assessment of the proposed
annexation 1., accordance with policy guidelines.
J,
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A preliminary annexation Service Plan has been prepared for City Council and public review
during the annexation process (see Attachment 8). The capacity of infrastructure such as water,
waste water. Streets and electric service and services such as police, fire, recreation, and general
goverr_ment are evaluated with respect to the proposed annexation.
PRIOR ACTION EVI -W
April 6. 1999 - City Council received t report, held discussion and provided staff with direction
regarding the annexation
I
ESTIMAT :D PROJ -CT S -HLcDI1E
This is the first of two public hearings cooducted by City Colwell The schedule for public
hearings is consistent with the requirements of Stale law (see Attachment 7).
FISCAL INFORMATION
None at this time,
PAZ SUGGESTED E COMMENDATION
The Planning and Zoning Commission will hold a public hearing and consider making a
recommendation to the City Council regarding the proposed annexation on Wednesday, May 12,
1999,
AT.TACillylF.M
1. Location Map
2. Vicinity Map
3. Zoning Map
4. Utilities Map
5, 500 Foot Notice Map
6. Denton Mobility Plan Map
7, Annexation Schedule I
8. Service Plan
Respectfully submitted:
Dave Hill
Director of 1,arming and Development
Prepared by,
Wayne Recd rr.
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Planner It
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2.
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ATTACHMENT 1
rk
A-86 (LUBBERS ADDITION) NORTH
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F i
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LOCATION MAP
Agenda Data; April 20, 1909 Aoeiae None
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ATTACHMENT 2
R
A-86 (LUBBERS ADDITION) NORTH
Ncc m CN EK x .
MAP.
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pt IT
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~ti' fir. SHER OOD
1 MAP. ~
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1 VICINITY MAP
I
Agenda Doto: April 20,1999 Scala: None
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ATTACHMENT 3
4
NORTH
A-86 (LUBBERS ADDITION)
7-~ xj f
C A
PD9918F'~ A
C(o I A I I
PD 31
R(01 ®WMO! 160
PD 172 i ~
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ZONING MAP
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Agenda Dow April 20, 1999 Scale: Nona
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ATTACHMENT 4
NORTH
A-86 (LUBBERS ADDITION)
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SITE EXISTING UTILITIES MAP
Hydrants
Water Line (W. L.)
J
Sower Line (S. L.)
Electric Lino (E,
V
!!ell`s None
Agenda Date: April 20, 1999
6.
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ATTACHMENT 5
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A-86 (UUBBERS ADDITION)
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EDWARDS € a
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SITE
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500 FOOT COURTESY NOTICE MAP
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Agenda Date: April 20, 1999 Scale: None
7.
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ATTACHMENT 6
A-86 LUBBERS ADDITION NORTH
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1...............
I EDWARD
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/
/
/
..........?a:KR~s„?AGE . RR......
DENTON MOBILITY PLAN MAP
N Freeways
Primary Major Arterials
Secondary Major Arterials
Collectors d,
Agenda Dale: April 20, 1999 Scale: None
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ATTACHMENT 7
INVOLUNTARY ANNEXATION SCHEDULE:
LUBBERS ADDITION SUBDIVISION
RMyed Aprd 7, 1999
Saturday, April I(P Notice published In Denton Record-Chronicle for first City Council
public hearing.
Tuesday, April 20'h City Council conducts first public hearino.
• 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 Reoord-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 less than 10 days before public
hearing.
Tuesday, May 11 n City Council conducts second public hearino.
• Public notice must be no less than 10 days and no more than
20 days before public hearing.
Friday, May 21' Notice published in Denton Record-Chronicle for second City k i
Council public hearing.
Tuesday, June 1`t City Council by a four-fifths vote ins.;+ites annexation
proceedings.
First reading of annexation ordinance
• Action must be more than 20 days after the second public
hearing but less than 40 days from the first public hearing.
Sunday, June 61° Publication of annexation ordinance In Denton Reoord-Chronicle.
Tuesday, July 201 City Council by a four-fifths vote takes final action. fiak?QQ
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 after council institutes /
annexation proceedings.
9.
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ATTACHMENT 8
ANNEXATION SERVICE PLAN ;
CASE 'UMBER: A•86 (Lubbers Addition)
AREA: 19.365 acres
LOCATION: On the south side of Edwards Road west of Swisher Road in Denton's
extraterritorial jurisdiction (ETA.
Municipal services to the site described above shall be furnished by or on behalf of the City of
Denton, Texas, at the following levels and in accordance with the following schedule:
A. Police Protection
1, Police service, including patrolling, response to calls, and other routine functions, will
be provided to the property within sixty (60) days after the effective date of the
annexation using existing personnel ane equipment.
B. Fire Protection
I. Fire protection (within the limits of existing hydrants) and emergency medical services
will be provided to the property within sixty (60) days after the effective date of the
annexation using existing personnel and equipment.
C. Solid Waste Collection
1
1. Solid waste collection service will be provided to the property within sixty (60) days
after the effective date of the annexation using existing personnel and equipment,
D. Wait rAVa stewater Facilities
1, Maintenance of water and wastewater facilities in the area to be annexed that are not
within the service area of another water or w astewater utility will be begin within sixty
(60) days after the effective date of the m,nexdtion using existing personnel and
equipment,
E. Roads and Streets
1. Maintenance of roads and streets, including road and street lighting, in the area to be
annexed will begin within sixty (60) days after the effective date of the annexation using
existing personnel and equipment.
F. Parks and Recreation Facilities
I. Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in
the area to be annexed will begin within sixty (60) days after the cffe jve date of the
annexation using existing personnel and equipment. however, there are no exist?ng v
parks, playgrounds, swimming pools, and other recreational facilities in the area.
10.
8
i
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ANNEXATION SERVICE PLAN
(A-86)
Lubbers Additics
G. Electric Facilities
1. Electric utility service will be provided within sixty (60) days after the effective date of
the annexation using existing personnel and equipment.
H. Library Services
1. Library services will be provided within sixty (60) days after the effective date of the
annexation using existing pesonnel and equipment.
1. Code Enforcement, Building Impeetious and Consumer Health Services
1. Code enforcement, building inspections and consumer health services will be provided
within sixty (60) days after the effective date of the annexation using existing personnel
and equipment.
J. Planning mod Development Services
1. Planning and development services will be provided within sixty (60) days after the
effective dale of the annexation using existing personnel and equipment. The Planning
and Development Department currently provides services this property by way of
administration of Chapter 34 of the Code of Ordinances, coccenting subdivision and
land development regulations.
K. ..apital Improvements Program (CIP)
The CIP of the city is prioritized according to the following guidelines:
(l) Provision of Capital Improvements as compared to other areas will be based on
characteristics of topography, land utilization, population density, magnitude of
problems as related to comparable areas, established technical standards and
pro fessional studies.
(2) The overall cost effectiveness of providing a specific facility or improvement.
The annexed area will be considered for CEP improvements in the upcoming CIP plan. This
property will be considered according to the establishod guidelines.
r
1 IInu ails„r ci ri 6r Plan Hvl .^'r 4'!rh.' 1,1•
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AGENDA INFORMATION SHEET I
AGENDA DATE: April 20, 1999 AQItIdt1N0 en-vd'
DEPARTMENT: Planning Department-
CM/DCMIACM: Rick Svehla, 349.7715
SUBJECT - V-99-002 (Mill Street Addition) j
Consider an exaction variance from section 34-114(17) of the Code of Ordinances concerning
sidewalks for the Mill Street Addition. The applicant proposes no sidewalk along the frontage of
the property. The 0.51 acre property is located on the southeast comer of East Mill Street and
industrial Street. The Planning and Zoning Commission recommended denial (6-0, absent
member Susan Apple).
BACKGROUND
The applicants have applied for an exaction variance of Section 34114 (17) concerning sidewalks. The
cited section :.,quires a four (4) foot wide concrete sidewalk along all street frontages. The applicant
proposes no sidewalk along the frontage of the property. See Planning and Zoning Commission Report
for more details about the variance request from sidewalks.
The preliminary plat for this site was approved at the February 10, 1999, meeting. The final plat was
approved on April 14,1999.
PRIOR ACTION/REVIEW
January 19,1999-Variance request submitted.
February 10,1999-Planning and Zoning Commission denied the request (6-0).
March 23,1999-Variance appeal scheduled for the March 23, 1999 City Council meeting. After
discussing the application with staff at the meeting, the applicant withdrew the application.
Subsequently, the applicants inquired and were informed they could return to the Planning
and Zoning Commission with a new application or staff would allow the applicant to
return to the next available City Council meeting (April 20, 1999).
FISCAL INFORMATION
None.
ATTACHMENTS
Planning and Zoning Commission Report, February 10, 1999.
2, Planning and Zoning Commission minutes from February 10, 1999.
3. Letter of Appeal from Applicants.
4. Letter of Withdrawal from Applicants.
Res cctfully sub '11 '
l,rr~
D e Hill
Director of Planning and Development
re b r
Ka rym s n
Planner I
1.
L'
ATTACHMENT 1
Agenda No. .97- 0 3
Agenda Rom
me*mo- p
~ aTO' Planning and Zoning Commission
From: David Salmon, Engineering Administrator
Date: 02/04/49
Re: Mill Street Addition Sidev ,;k Variance
David Hunter and Johnny Crabtree, the owners of the proposed Mil Street Addition located
on Mill Street at the intersection of Industrial Street has applied for a variance of Sxtion 34
114 (17) concerning sidewalks, The cited section requires a 4-foot wide concrete sidewalk
along all street frontages. The applicant proposes no sidewalk along the frontage of the
property,
This variance is not based on the shape, topography or location of the property but is based on
cost of the sidewalk improvements. Therefore this variance is an exaction variance and the
commission must consider the following:
Criteria for variances from development exactions: Where the commission finds
that the imposition of any development exaction pursuant to these regulations exceeds
any reasonable benefit to the property owner or is so excessive as to constitute
confiscation of the tract to be platted, it may recommend approval of variances to
waive such exactions, so as to prevent such excess, to the City Council. Waiver of
developmental exactions shall be approved by the City Council.
Staff does not recommend a variance of the sidewalk requirement. The standard sidewalk in
this case would cost approximately $3,900.00 to con, tract spread out over three lots.
($1,300.00 per lot) It costs approximately $1,130,00 to construct the sidewalk in front of a
typical SF-10 lot in Denton, so staff does not consider this unreasonable as it can very
commonly cost as much as $3,200.00 to construct a sidewalk around a comer SF-16 lot In
addition, the City has been very active in its CIP constructing sidewalks in this neighborhood
at the request of the residents.
Recommended Motion:
I move that we recommend to th,. City Council that the variance of Section 34-114 (17) of the f
Code of Ordinances concerning sidewalks for the Mill Street Addition be denied as the cost of
the sidewalk is not unreasonable considering the size and type of development
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CITY OF DENTON
APPLICATION FOR VARIANCE
OF
SUBDIVISION AND LAND DEVELOPMENT REGULATIONS
P~ ~yXr 1F t ~ Ae s~'~r ~ rt2^ '7 ~
'k 111 ~r s7~«r a 4 P,,~~'r•
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a tom ~wha£ a cle *of the i sub ivis on" sad T;and Developmeht i ,
~£0'~"~6°}z19a
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~~.;~h zev. m'W.., kt5'4w 'To?':I ° O,LY'•' qq xv~i x:~~3',~+r ~/>'.~)"~`•A ,a;r t
~~tiLYOyIleS~6 !R /(Kr~ y c ~ ~+R t~S rvn~'~JF '~S4d"Rr ;3~T F'p's M ~i~kci /
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D~Ce ~S~r '~~'v~/ ~~~~~Y>r~A {n >'•q~'',i%~Y~`-r~~'~s6 4`~'x. i '
Petitioner must provide the rationale for the variance using the
following five criteria.
(1) The granting of the variance will not be detrisee'atal to the
public safety, health, or welfare or injurious to other pro-
perty=
(2) The conditions upon which the request for a variance is based
are unique to the property for which the variance is sought
and are not applicable generala• to other property!
(3) Eecaase of the particular physical surroundings, shape, or ii
topographical conditions of the specific property involved, a A
particular hardship to the owner would result, as
distinguished from a mere inconvenience, if the strict letter
of these regulations is carried outs
i
4.
C.
G
Variance Application Continued
Page 2
(4) The variance will not in any manner vary the provisions of the
Zoning Ordinance, Denton Development plan, Master Plan, or
Studies.
(5) The special or peculiar conditions upon which the request is
based did not result from or were not created by the act or
omission of the owner or any prior owner, subsequent to the
date of creation of the requirement from which a variance is
sought.
or,
If the variance is from an exaction (eg. road construction,. right-
of-way dedication, drainsggo improvement - a public improvement
and/or dedication to the public) j the imposition of any development
exaction poxsuant to these regulations (1) exceeds any reasonable
benefit to the property owner or (2) is so excessive as to
constitute confiscation of the tract being platted.
Waiver of developmental exactions shall be considered after a
recommendation from the planning and Zoning commission by the city
council.
2i0TEs Request must include the followings
1. Completed application (one per variance).
XI. ;,;250 fee per variance '
III. Copy of proposed plat and location map. - /+•r'^~~~~0 It/~
S' Sy,3.u;
boa IAIVA,-A i
T.i ifewA(fc ta~tK
e gnature o ,Applicant ate. .
5.
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ATTACHMENT 2
Page 7
1 follows the streets. 1 City Couricit. i
2 The sanitary sewer has been constructed. 2 Exaction variances are variances that are i
3 It's In place. It's working, It's been "ted by the 3 generally based on the cost of the improvement or
4 City, so we're ready to abandon the old easement now 4 smnetimca simply just the need of the improvemmertt
s that we don't need it anymore, of course, were 5 compared with what the development is going to be. The
5 recommending the abandonment and you'd be making a 6 criteria for granting such a variance is listed In your
7 re omtnertdation on this to the City Council, 7 backup. Staff is pot recommending the variance In this
8 Mix. ENGELS RECHT: Cornmisslooers, any 8 ease.
9 questions for Mr. Salmons? Okay. Thutk You. Any 9 The standard sidewalk will cost
io discussion or a modon7 10 approximately $1,900.00 to construct, which is S 1,300.00
I I MR. RisHEtr t-d the to make a motion. I l1 per lot spread out ova the throe lots- On average In
12 move that we recommend to the City Council the approval 12 Dcmton it costs approximately $1,150.00 to construct a
13 of the partlal abandonment of a 10 foot sanitary sewer 13 sidewalk for a single-randly 1oL The cost bctwe-ro this
14 easement worded in Volume 501, Page 23 of R.PtA.D.C,T• 14 sidewalk and the average Is very close. As just a
I s located Li Wind River Estates, Phase tv end excuse 15 maser of feet, in some locations with larger tots, it's
16 me, phase H and Phase Vu and approval of a partial t6 relatively common to be up in the rarsge of $2,500.00 to
17 abandonment of a t 5-foot sanitary sewer casement 17 $3,000.00 per lot when you have a larger lot or even a
18 mcorded In Volume 578, page 332 of R.PRD.C.T.located 16 coma lot
19 in Wind River Estates, Phase V. 19 The city bas been very active In placing
20 Ms. GAN'zE1L Second. 20 sdewalks In this neighborhood over the post Several
21 MIL ENOEtBRECHT: it's been moved and 21 years through our capital improvements Program raid
22 seconded to recommend approval. Discussion on the 22 through the Community Development Block Grant Program
23 motion? All in favor please raise your right hand. 2) and so we feel this is an appropriate place to have
24 Motion carries unanimously. Think you, Mr. Salmon. 24 sidewalks. I'll be glad to answer any que4ons that
13 Item 7 this evening Is in two parts. This 23 you may have. t
Page 6 Pe
I is with regard to the Mill Street Addition, which Is a 1 M0. ENOELBAEcifn Questions for Mr. Salmon?
2 .51 acre tract located on the southeast corner of East 2 MR. POWELL. Mr. Saint.m, l don't know where
3 Mill Street and Industrial Stmt 3 1 got the idea. I don't know whether 1 got it reading
4 Item A is to consider making a 4 it here or 1 just dreamt it of what, but have these lots
5 recommendation to City Council coneaning an exaction 5 been platted before at some time or other?
6 variance of Setion 34.114(17) of the Code of Ordinancd 6 MR SALMON: I don't think they have ever
7 conceming sidewalks. And I will read part B at this 7 been • no,1 didn't think so. There's two existing
8 time. It is to consider approval of preliminary plat of a parcels that have never been platted and they're taking
9 Lots 1, 2, and 3, Block 1 of Milt Street Addition. The 9 two existing parcels and rocking three lots.
1 n property is zoned Multi-Family 1. The proposed use Is to MIL POWEL4 ihank you.
I I three tingle-family residential lots. And with regard I I MA SALMON: Something I failed to show you
12 to Item A, the sidewalk variance, bit. Salmon is soing 12 just a little bit earlier, we do have a photograph of
13 to provide a stafr recommendation. 13 the site, which thews that the topography k relatively
14 MIL SALMON, Of course, I guess for 14 level and abouldn'i pose any problem for constructing
15 reference, these three lots are located at the Southeast 13 sidewalks.
16 corner of Mill Stmt and Industrial. It's located 16 MR ENOELBRECHT Otber questions for Mr.
t7 directly east of Bell Avenue on the east side of the 11 Salmon? Are there other sidewalks on this portion or
18 railroad tracks, The owners of the proposed I I Mill Street? r
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19 subdivision, of course, have applied for the variance, 19 MA SALMON: No, that are COL This is 4 r
20 The name's they've given rot requesting the variance is 20 nisasely close to the windie wood Subdivision that cox
21 that trey feel that the cost of the sidewalk is 21 considered several meetings ago. At this point, the
22 disproportionate in terms or the cost of the lots and 22 closest sidewalks will be down at Morris and Robertson
23 the Improvements that they plan to place on these lots 2$ Street, which is probably two, three blocks or so to the
24 That, of course, makes it in exaction variance, which 24 east of where this property is located.
Zs means that you will be making a recommendation to the 25 MR. ENOELektoa; AS a follow on, l know
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1 that there is a number of sidewalks have been built I would be along Mill. 4
2 In the area and I understand them are plans to build 2 MR ENOELBPECHT: I ask that because looking
3 others. 3 at Industrial Street, it's only about three blocks dxp
4 MR. SALMON: That's j;,VM . Actually, 4 there I mean, three lots deep and it ends, because it
S we're under contract to have additional sidewalks built s dead-ends them.
6 on Duncan Street, which is relatively close to this, 6 MR. SALMON: Right.
7 that will connect this area with Dallas Drive and 7 hut. ENGELBRECHT: Isn't a great deal of
8 Teasley. There are some sidewalks on Dallas Drive, of 8 street, so they couldn't wouldn't expect a great deal
9 course, and a sidewalk on Robertson. Them am 9 of pedestrian traffic.
10 sidewalks on several of the streets, but most of those 1o MR- SALMON: RIghL Industrial at that
I I are in the rangy of two or three blocks away from this I I point, I think, is only about a half a block long and I
12 particular site. 12 think it's a dead-end.
13 MR ENGELBRECHT: I guess my other question I I &M. ENOELBRECHT; Any (Arr questions for
14 with that is, so we haven't really considered this piece 14 staff?
Is of Mill Street to Morris for Sidewalks yet? We haven't IS MIL Rusin: Yes. Mr, Salmon, I noticed
16 really looked at it or designed it? 16 that on our map we show the most of the adjoining
17 MR. SALMON: No. We haven't had any 17 area around it as Multi 47amily 1. I think of this am
I s specific requests to do that as of yet, l e as being light industrial and time commercial use and
19 MR. ENGELBRECHT; Okay. I guess my other 19 residential, all three. Can ymr give me an Idea of what
20 question is if we were going to do that, tirn would we 20 the mix is in dis ooe or two block areal
21 look at putting them on the Same side of the $ red as 21 MR. SALMON: I think right in this area,
22 these in order to maintain that or you haven't looke-d at 22 it's generally residential. Obviously, as you get
2) it that close? 23 closer to Dallas Drive you're going to get into some
24 MR. SALMON: Well, I guess, I'll Say we 24 eommerciai-type uses. But In this general area, it's
2s haven't looked at it that close. Generally, what we try 23 mainly single-family residential.
Page 10 Page 12
1 to e) if we have existing sidewalks, of coupe, we try I MR. RISHEL• Okay. Will we be hearing from
2 to use them so that we don't Spend as much err money as 2 the pcddoner7
7 we would otherwise. Sometimes even if we have atdc"Ua s MR SALMON: i don't know that they a;e here
4 on a particular side of the stmt, if we determioe that 4 this emIng.
3 the topography Is better on the opposite side, sometimes s MR. ENGELaxwrd ref wt could simply ask at
6 we will use the opposite side, In this case, I don't 6 this time, is the petitloncr or petitioner 'S
7 know what the ease Is going to be. 7 representative present? It would appear they are not.
e MR ENGEURECHT: And one other question. 8 Did you have spy other gtesComs?
9 We're talking Mill Stmt her, This is the coma of 9 MR lusHEL• No. Thank you.
10 Mill and Industrial. Does this have a rrquiremeat for a 10 MR. ENOELBR cm Anyone else? Oksy, Thank
I I sidewalk on Industrial? 11 yo,, Mr. Salmon. Commissioners, any comments or ■
12 MR SALMON: Yes, 12 inotion?
I3 MR ENGELBRECHT: H has one on Industrial 13 1 don't know. Personally, ) wee: asking
14 as well as on Mill? 14 those questions with regards tr, 6ose two streets
is MR. SALMON: Right. Yes. I should have is because Mill is a fairly busy street and it runs
16 clarified that. Sidewalks are required on the 16 immediately Into Morris along which the City has
17 rrontagcs, all frontages, which Is our standard 17 constructed a sidewalk all the way from I[Aey or Duncan
18 requirement. Is to Woodrow Lane, I believe. And it would Seem to make r
19 MR. ENGEI.BRECHT: Do you have a breakdown, 19 some sense to continue to have a sidewalk along there. r
20 by chance, of app: ox'unately what the cost wom,ld be along 20 Industrial Street, whew you go look at 1% it's like
21 Mill as opposed to along industrial? 21 three lots long and 1 don't ever foresee any pedestrian
22 MR. SALMON; well, trying to do some quick 22 traffic long there. I penomally don't particularly
23 math, we're probably looking at somewhere In the range 1i we a reason to you know, again this Is a gvation
24 or maybe S 1,200.00 for the sidewalk along Industrial 24 of, am we trying to keep some housing prices down to
23 Stmt and then the r. alnder of the 39, or course, 23 Denton and that am of dit It makes some sense to
The Reporting Professionals (940) 484-6953 Page 9 - Page 1
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1 me to • a back of curb.
2 MA POWELU Mr. Chairman, tha; -was going to 2 Ms. oouttDiF: t think we kind of ne sd to .
3 be my question to do developer, try to get a handle on 3 look In n different perspective here , We tw d to look
4 what the lots are worth. 1 have no clue what they're 4 at the perspective of the children coming he me from
s worth. 1 would take a guess it's 55,000.00 or $6,000.00 S school, where the bus stops are. Instead of the vatue
6 a piece and I could be off 100 percent or I D percent, I 6 of'he lot, let,a took at the safety of our chl' dren and
7 don't know, But if that's the case if that's the 7 of the people walking to and from, other ne 4hbors,
s case, then the prioe of the sidewalk would be a large 1 getting off the school but, traffic passing th re4, an
9 percentage. And if they're worth $20,000.00 a piece, 9 area that.could be In Industrial mu with fr't cars,
10 then it's not And that's why 1 wise going to ask that 10 people r:Ldy to go home. I would like us t i am, have
11 question. But, apparently, they're not hero. I I these sidewalks hero because I think it's ne x:ssery. N'e
12 MR MORENO: Mr. Powell, his latter that's 12 need to become a sidewalk-friendly city, w iich we are
13 in our backup on item No. 2 says we were able to I I net.
14 obtain these lots for S5,000.00 each. A And too many paths In Denton are trodden
is MR. POWELL: Thank you. T didn't See --1 IS with dirt and mud through the roads. And A sQ&ns me
16 did we the letter, but I ms--sed that. Thank you very 16 to sa these people who don't have transpa talon
17 much. 11 walking on either the road or, you know, b uren ground
Is MR. MORENO: Is that right, Mr, Salmon? is that's either muddy or It's got holes or it's W fire
19 MR. SALMON: Right Right They purchased 19 ants. And I think we need to start looking `or the
20 the tots for 55,000,00 a piece according to their letter 20 people who don't have the luxury of a vehicle like we do
21 and planned to build homes on them. 21 and start watching out for the people. Tbey may be leas
22 MR POWELU Then I wasn't far off, was 1? 22 expensive lots, but that doesn't mean they ovould be
23 MR. ENOELBRECHT; Well, that doesn't 23 denied the right to walk In a non-muddy pie oe. So I
24 Decessarily indicate their worth, and that's what they 24 would like to as this denled, also.
25 were purchased for. 23 MR 1Dwetu You make a valid pole % ma'am,
page 14 Pr S
I MR POWELU An arm's length transaction, I if I could. 1 was willing to listen to the devt toper
2 Mr. Chairman. 2 and maybe make an argument like I've done In the past.
3 MR. ENOELBRECHT: One of the reasons I say 3 But since the developer Is not hen, I'm going to hush
4 that is because this is toned MF•t, which would suggest 4 at this point
s a little higher value than that, even though they're S MR. ENGELSRECHT: well, everyone h hushed,
6 indicating single-family. And that's another thing, It 6 4' ,es anyone care to make a MA".
7 is it would be possible in the future for them to 7 MS. GOQRDIE, Pil make a motion,
s change these to duplexes, for example. 1 MIL ENGELnRECHT:.All right.
9 MR. POWELL! On this size lot? 9 Ms. oouttrnE: 1 move that we moron end to
10 MR. ENOELBRECHT: uh-huh, because they're 10 the City Council that the varlanee of Section 14.114(17)
1 I tared Mp•I. It or the Code of Ordinances eonceming sidewi Its for the ,
12 MR. POWELL,, Well, I know the toning is 12 Mill Street Addlton be denied as the cost of a e
I) btFd, you just said that. But what I'm getting at is a sidewalk is Dot unteasonable considerifg the aim and
14 would the lots be large enough to do anything like that 14 type of the development.
Is with? Is MIL RIstteu second,
to MR. EN )ELBRECHT; Yeah. 1 may be wrong. 16 MR ENOELDREMi moved and second W to
17 MR. DONALDSON: The minimum lot is an MF•i li recommend denial. Any discussion on the motion? All. in
is is 6,000 square feet, So these would quaUfy, as lob. if favor raise your right hand. Motion carries
19 MR. POWELL, Thank you very much. 19 unanimously.
20 MR, DONALDSON: You can get a, many units AS 20 That moves us to Item B, which 1 had read r ~ ` G
21 you can get on there. 21 but I will read again, Is to consider approval of
22 Ms. OOURDIE: May I irk a question? How 22 preliminary plat of Wks 1, 2, 3, Block 1 of she Mill
23 wide are the roads? 23 Street Addition. The property is zoned Muld•Family .
24 MR. SALMON: The streets in this area of 24 The purpose Is three single-family tesidentlal lots.
25 town arc 1 think 34 feet wide from back of curb to 25 And Ms. Nilssen from the planning Departsneed is going to
The Reporting Professionals (940) 484-6053 Fags 13 Pip 1
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ATTACHMENT 3
44l dot o?'w.-e .26 A~7 ~/sk+sa. P /trtea~►y/c..~
The t :lowing is rationale for variance on reqquestfor sidewalks on the Mill Street Addition. The ,
parmership of David Hunter and Johnny Crabtree doing business u North Texas investments intend on
doing our very best to follow all City of Denton regulations and by no means bit the intent or purpose to
nutliry these regulations. Though, we find that at this particular development site it is an unreasonable
hardship as a result Gorr strict cam liance. The public Interest is secure, aswe have takenspecial care to
talk with all neighbors in this neighborhood and involve everyone in helping us to make this a more
desirable place to all home. In addition, we believe it would be in the City of Denton's Interest bemuse we
crate revenue through utilities and property taxes for at last three more properties. The evidence
presented for variance is listed below.
(1) All public and private improvements are adequate to serve the dexiopmEnt including public
health and safety, the present improvements has already added to the welfare of the community by
cleaning up the dumping area it was being used for, clearing the underbrush and briar thickets on a
lot where children played, and allowing for a more open improved area that allows for less
vandalism. In addition the sidewalks would lad to no other sidewalks or driveways, possibly
making it more Injurious to anyone walking on tt•em or becoming a skateboard /bicycle rump.
(2) These conditions are unique bemuse we are dating with an old neighborhood where there arc no
sidewalks present anywhere else, In additim to these Iots being In on older development of town
they are situated between other residenh sl `rouses with less than 1200 "a feet.'Ihere is no
other developing taking place in this nei~'rt,.rrhood and none foreseen. We were able to obtain
these lots for $5000N) arch h will cost us more than this to put the water in, clean the property,
survey, and add a sl iewalk.
(3) The physical surroundings of the neighborhood are of lower Income families and with each
additional cost it would drive up the cost of each property, this could result In a hardship.
Regarding the topographical conditions the city will probably need to trove at last one utility post
and possibly the loss of a tree that is over 1S inches wide unless routed aroune it which there is
probably no space,
The variance will not in any manner vary the provisions of the Zonk I Ordinance, Denton
Development Plan, Master Plan or Studies.
(S) The owner or any prior owners did not crate the request; It is an older subdivision developed
whit sidewalks were not required, clearly we had no act In creating.
kegarding any criteria for variance firm development exactions, the tract to x platted is leas than
$5000.00 versus cost of sidewalks being as much is the additional tract to be gained by having a
new survey and plate. Due to exceeding any reasonable benefit to the tract we would consider
moving forward with original platt v ch would not benefit the owners, neighborhood, a City of
Nnton.
Thank You for the time to review *his variance request as we look forward to working with the
city on other occasions while we grow and lam. Thank You.
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David Hunter and Johnny Crabtree f J
Owners North Texas investments 1
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ATTACHMENT 4
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AGENDA INFORMATION SHEET AAIII
AGENDA DATE- Apr1120t's 1999
DEPARTMENT: Planning ,ti Development
CMrDCMJACM: Rick Svehla
SUBJECT
Consider adoption of a Resolution of the City of Denton, Texas, accepting and expanding its
extraterritorial jurisdiction into approximately 850 acres of land released from the Town of
Northlake, Texas' extraterritorial jurisdiction; authorizing the mayor to execute an interlocal
apportionment agreement between the mwilcipalities; providing a severability clause; and
providing an effective date.
BACKGROUND
A draft interlocal agreement (Exhibit A) has been negotiated by Denton city staff and Town of
Northlake officials. Two resolutions (Exhibits B and Q have been prepared by the Denton City
Attorney, one for each municipality. The resolutions describe the general nature and intent of
the interlocal agreement, and authorize the mayors of Denton and Northlake to sign the i
agreement on behalf of their respective Councils. Some minor adjustments to the interlocal
agreement may be necessary, but the resolutions stipulate that the agreement must be
substantially The same as the version attached to this staff report.
The Northlake Town Cour .il approved the resolution attached as Exhibit C on April I Sol, 1999,
by unanimous vote.
Major aspects of the intetlocal agreement include the following; r
Town of Northlake Ayrccntent Elements; City of Denton Agreement Elements:
* Relinquish about 850 acres of ETl ♦ Expand ETl about 850 acres
♦ Require Robson annexation (794 acres) a# Agree to Robson annexation (794 acres)
a# Establish northeastern boundary line ♦ Establish southwestern boundary line
a# Receive Denton water & wastewater south ♦ Supply retail water & wastewater service
of Crawford Road for up to 150,000 SF of to Northlake for 150,000 SF retail use
retail development
Although not part of the Interlocal Agreement, the Town of Northlake Is negotiating with Denton
County and Robson Communities, Inc. to determine roadway improvement and maintenance
responsibilities. The City of Denton will annex only to the north side of iha Crawford Road , A
right-of-way line, and to ,.he east side of the Florence Road right-of-wsy line. In so doing, the f r c
City of Denton witl not annex any pat of these roads. Crawford and Florence Roads may be
considered significant county roads, but will be peripheral to the City of Denton and are not
anticipated to become major thoroughfares that will accommodate city traffic.
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OPTIONS
Major revisions to the draft interlocal agreement will require additional review by the Town of
Northlake, and would delay efforts by Robson CommunSties to submit raa annexation petition as
planned.
~tECOMMENDATION
Staff recommends that the resolution be approved. The opportunity to establish common
bounduiri with the Town of Northiake is of mutual benefit to both municipalities. The Robson
property is located in an area of the Growth Management Strategy considered to be an
"Urbanizing Area", which is identified to annex•)d to the City of Denton. Although the Growth
Management Strategy does not include annexation of any land within Northlake's ETJ, the
opportunity to encompass the entire Robson master-planned con ntut.ity within one jurisdiction
eliminates potential service and regulatory problems and will enhance project quality,
ESTIMATED SCHEDULE OF PROJECT
If the resolution is approved by City Council on April 10, 1999, staff is confident that the
interlocal agreement can be executed before May 1°1,1999.
PRIOR ACTIONIRRVIEW
A draft of the interlocal agreement was submitted to Council members two weeks ago,
FISCAL INFORMATION
The City of Denton has been responsible for the cost of drafting the resolution and the i acrlocai
agreement, and will be responsible for the cost of establishing water and sewer taps across
Crawford from the Robson propcity at some point in the future The City of Denton will acquire
about 850 c•.res of land expected to be developed in the first phase of a resort retirement
community.
Exhibit A: Draft Denton•Northlake lnterlocal Agreement ,
Exhibit & Draft City of Denton Resolution
t Exhibit C: Copy of Approved Town of Northtake Resolution
f Respectfuily Submitted:
t7avid M. Hill
Director of Planning and Development
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EXHIBIT B
STATE OF TEXAS
COUNTY OF DENTON §
AN INTERLOCAL APPORTIONMENT AGREEMENT BETWEEN THE CITY OF DENTON,
TEXAS AND THE TOWN OF NORTHLAKE, TEXAS ADJUSTING AND CONSENTING TO t
THE ADJUSTMENT OF EXTRATERRITORIAL JURISDICTION BOUNDARY LINES
BETWEEN THE CITIES, AND PROVIDING FOR THE PROVISION OF MUNICIPAL
SERVICES,
Th's agreement, entered into this day of , 1999, by and between the City of Denton,
Texas (hereafter referred to as "Denton") and the Town of Nonhlake, Texas (hereafter referred to as
"Nonhlake"), both parties being political subdivisions organized and existing under and by virtue of
the laws of the State of Texas and acting hereinby and through their duly authorized mayors:
WHEREAS, Denton is a home-rule city lying and being situated within the county of Denton, State
of Texas; and
WHEREAS, Nonhlake is a general law city lying and being situated In the county of Denton, State
of Texas, and
WHEREAS, Nonhlake and Denton have received a petition from the property owners of 794 acres of
land more fully described in the body of this agreement, requesting Nonhlake to release I
this area from its extraterritorial jurisdiction (ETJ) and requesting Denton to expand its
ETJ to en,;ompass this area and to annex a portion of same, which petition Is attached to r
and made a part of this agreement for all purposes as Exhibit "A", and
WHEREAS, Nonhlake has passed a resolution relinquishing and reducing the area of its E I I
described herein in accordance with Section 42023 of the Texas local Government
Code, and Denton has passed a resolution accepting this area into Ls ETI in accordance
with Sections 42.021 end 42 022 of the'fexas Local Government G)de; and
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WHEREAS, Denton and Northlake desire to adjust their ETJ boundary lino. whereby Northlake will
release from its extraterritorial j urisdiclion certain lands to be annexed by the City of
Denton and certain lands to become part of Denton's extraterritorial jurisdiction;
WHEREAS, the parties wish to enter into an Interlocal Apportionment and Services Agreement
under and subject to the provisions of the Texas Local Government Code, Chapter 791,
the Interlocal Cooperation Act; and
WHEREAS, both Denton and Northlake have the authority to perform the services set forth in the
agreement individually; and
NOW THEREFORE, DENTON AND NORTHLAKE FOR THE MUTUAL CONSIDERATION
HEREINAFTER STATED, AGREE AS FOLLOWS:
SECTION 1.
That in consideration of Northlake reducing the ETJ area and Denton agreeing to accept the
ETJ area described herein within its ETJ, annex a ponion orthe same, and to provide the services set
forth herein, the panics agree that the following extratenitorial jurisdiction boundary realignment
bclween Denton and Northlake, as herein described, is in the best Interest of the property owners and
inhabitants of both cities.
SECTION 2•
The line described by metes and bounds set forth ii, Exhibit "A•1" and as depleted on the
Apportionment Map attached as Exhibit "A•2" in this Joint Resolution and Agreement, shall become
the south and west line of apportionment and the extraterritorial jurisdiction limits for Denton and the
north and east line of apportionment for N5 thlake, affecting all overlapping and contiguous
extraterritorial jurisdiction between Denton and Northlake, and the extension of the corporate lirttits of
both. Northlake does hereby relinquish and release to Denton all extraterritorial jurisdiction tighu it
has or may have in And to that certain 794 acre tract of land idenlified as Tract 1 in Section 4 hereof.
Any prior or previous lines orETJ affecting those common boundaries, overlapping areas, or
contiguous unincorporated areas adjacent and common to said municipalities are hereby declared null
and void, and of no further fore or effect, being hereby preempted by the lines delineated and
described by the field notes and map attached as Exhibit "A•1" and "A-2".
SECTION 3. r~
Northlake and Denton agree that the extent of the extraterritorial jurisdiction of Denton, if in 1
execedance orthe 3Y, mile distance standard set forth in Section 42.021 of the Texas Local
Government Code for municipalities with $0,000 to 99,999 inhabitants, will extend to the C
apportionment line described in Exhibits "A-V' and "A.2" by the written petition of the property
owner, attached as Exhibit "A", in accordance with Section 42.022 of the Texas Local Government
Code. Northlake represents and agrees that this property currently lies within its ETJ, it has never }
previously released this ETJ area, that it hereby releases all present and future claims to annex the area,
and that Denton shall have the exclusive right to annex the area.
SECTION 4.
That Denton agrees to annex that certain 794 acre tract of land described as Tract l in this
Interlocal Apportionment Agreement and Northlake grants its consent to such an annexation. Tract l
is described by metes and bowtds set forth in Exhibit "A•3" and reflected on the map depicted in
Exhibit "A-4" hereof, released from the extraterritorial jurisdiction of Northlake, and Denton agrees to
assume the rights and obligations appurtenant to said property.
SECTION S.
That Denton shall, upon request and eotLsmt by the Northlake Town Council, p.nvide one retail
water tap and one retail sanitary Sewer service tap to a single point south across Crawford Road, to a
property inside the Northlake extraterritorial jurisdiction and adjacent to the Crawford Road right-of-
way, The taps shall be Installed at the cost of the property owner, and shall be adequate to support the
development of a maximum of 150,000 square feet of commercial and/or retail gross floor area.
Denton must approve the construction plans for the private comiections to Denton's utility systems.
Denton will not provide water service unless the sanitary sewer connection is installed. The water and
wastewater taps shall be considered temporary, and shall be eliminated within six months of a request
by the Northlake Town Council to terminate said services.
SECTION 6.
That Denton and Northlake agree to abide by the terms of the Interlocal Fire Mutual Aid
Agreement, in substantially the form attached as Exhibit "A3" to this Agreement,
SECTION 7.
That Denton and Northlake do hereby covenant and agree to protect, preserve and dear. the
hereinabove described boundary realignment and apportionment of extraterritorial jurisdiction.
SECTION B.
That, save and except as otherwise indicated in this agreement, Denton and Northlake agree
and resolve that the adoption by both cities of this Interlocal Apportionment Agreement, and the
release of the arorementioned prope,ty by Northlake, does not mitigate, diminish, or lessen in any way
the rights that either party may have, at law or In equity, to challenge or contest any other annexations 1, ! r
or attempted annexations made by the other party.
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SECTION 9.
It will be considered a substantial and material breach of this Agreement if Northlake releases
the ETJ area described herein to any other person or entity, or if Denton fails to provide any of the
municipal services set forth herein. Each party shall give the other party prior written notice of any
alleged breach of this Agreement. The party receiving the notice shall have thirty (30) days to correct
the breach. If the breach is not corrected w ithin thirty (30) days of written notice, the non-breaching
party shall have the right to pursue its legal remedies. All notices shall be sent postage paid to the
parties at the following addresses,
To: Denton City Manager To: Northlakes Mayor
City of Denton Town of Northlake
213 E. McKinney St. P.O. B ix 729
Denton, TX 76201 Justin, TX 76247
SECTION 10.
That the parties' Resolutions and this Agreement shall constitute the written consent of
Denton's City Council and Northlake's Town Council to reduce or adjust the respective
municipalities' extraterritorial juri sdiction in accordance with Sections 42.021, 42.022, and 42.023 of
the Texas Local Government Code and rather applicable laws.
SECTION Ii.
If any provision of this agreement Is held to be invalid, illegal, or unenforceable, the remaining
provisions shall remain in full force and effect and continue in conformance with the original intent of
the parties hereto.
SECTION 12.
A copy of this Agreement shall be recorded in the Deed Records of Denton County, Texas, and
shall be further available to the public through the respective Town or City Secretaries. 1
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SECTION 13,
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Venue of any litigation con:eming this agreement shall be in a court of competent jurisdiction
sitting in Denton County, Texas.
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IN WITNESS WHEREOF, this Agreement has been executed the day and year first above written,
by the parties hereto through their respective mayors after being duly authorized to do so by a valid I
and binding resolution enacted by the respective governing bodies of both municipalities. i
ATTEST: CITY OF DENTON
t
Jennifer Walters Jack Miller
City Secrelary Mayor
APPROVED AS TO FORM: i
Herb Prouty
City Attorney
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PASSED AND APPROVED by the Town Council of the Town of Northlake this day
of 1949.
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ATTEST: TOWN OF NORTHLAKE
Shirley Rogers Michael J. Savoie
Town Secretary Mayor
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APPROVED AS TO FORM ,AND LEGALITY:
Town Attorney t F; c
Town of Nu:thlake ;
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Exhibit A
PETITION
FOR
ANNEXATION
TO THE PLANNING AND ZONING COMMISSION
AND
CITY COUNCIL [
OF
THE CITY OF DENTON, TEXAS
The undersigned does hereby petition for annexation of 2145.51 acres located at the southwestern
FT! boundaries of the City of Denton and the northeastern ETJ boundarles of the Town of NorthW:v.
between 1.35W and Florence Road and between Crawford and Lively Roads Tt,e property Is more
particularly described In the attached surrey description and shown on the attached map. The
undersigned also certifies that the following required Information concerning the land and Its
Inhabitants Is reasonably accurate and assumes respons!bifity for compietion of said Information prior
to scheduled actlon on the request by the City of Denton.
1. Is petition being Initiated by owner(s) or majority of registered voters in area of request? Yes
No X If no, what is the status of the application? The Petition Is being subs g¢
on the part of the property owner and developer of vacant. uninhabited land.
2. How many dwelling units are located within the area requested for annexation? J g
farmhouses ale located on the poeoerty' both are In a state of disrepair and are unoca.
3. How many businesses or non-residential land uses are located within the area of the reques'?
None, Please provide a general description of these land uses including the name, c) o'
businesses, if known
4. Does area of request include ary tanitory within the city limits or extraterritorial Jurisdiction of
another city? Yes X No
5. Estimated population of the area of request. 0 Adults r0 Children "Q
Number of reglste, ed voters? _ 0
& At the time of this petition, have any other annexation procedures been Initiated for all or any
part of the area requested In this petition? Yes X No If yes, please
explain the procedures begun and their status. This application Is also Intended to serve a3
Aril n notice to the Town Qf f lorthlake of the consent and request on the part of the property
owner for all portions of the described property within the Town of Northlake ETJ, estimated to
a
be 794 acres, to be relingulshed to the City of Denton for the purposes of voluntary annexatiom
torequest t e City of Denton to add this property to Its ETJ. and to annex the or..Uorty as pert of
this petition. An Interlocal agreement under consideration between the City of Denton and the
Ip rt of Northlake specifies the conditlono pf mutual agreement under which the relinoulshmeP,
of Northlake ETJ. acceptance of Nodhlake ETJ by the CRY of Denton. and annexation by the
City of Denton. This application is submitted In antlopationof ft execution of the, into
rlocal
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7. Does a water supply district fie within the boundaries of the area proposed for annexation?
Yes No _ X
8. What zoning, if any, other than agricultural (A), is being requested under separate pebtlon? An
application for a Planned Develooment Concept Plan for the entire tract and a Planned
Development Detailed Plan for the fire; phase of the developmen! of a resort retirement
Qgmmunlty will be submitted In conluncLorLy~lth the arviexation petition.
9. How much of territory proposed for annexation Is Included In zoning petition? The entire
2.745.51-acre _tract will be Included in the PD zoning application.
10. What It the purpose or annexation? Jhe Annexation is !ntended to facilitate the development of
a master planned community within the Denton city bmlts that will have the benef',oj
coordinated zoning and subdivision regulations and approvals, oonsislent building code
regulrements. and consistent provlslon of municioal services.
11. Planned land use (if zoning is being requested):
Proposed Unlt
Category 8 Total Per Acre AnWOr
Proposed AffffM Sauare Footage
a, Single family detached
b. Single family attached (townhouses,
duster, etc.)
c. Attached patiorgardenrzero lot line
d. Duplex
e. Multi-Family _
f. Ofece
g. Neighborhood Son ~e _
h. General Retail
1. Commercial
I. Light Industrial I
k. Heavy IndustO .I r.r
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Proposed use(s) If specific use permit or planned development (PD) being requested. Proposes tk
Planned Development Concept Plan land uses Include: 1.897.7 scree of residential land use,
42.6 acres of Neighborhood Services, 693.3 acres of Outdoor Rcwtfon. 19.2 saes of
Community Sarvtoe, 11.3 acres of Paridna, and 81.6 acres of streets and riuhts•ot-way. The
specific reaulations governino these proposed uses A be orovided In detall in the Pb
application,
12. Have petitioner(s) familiarized themselves with the official annexation policy, land use policies,
and the standard municipal service plan of the City of Denton? Yea X _ No
Name of Owner(s)
Signature (s)
Addrec~(es)
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Telephone #(s): _
Date:
If petitioner is not the owner of the property: Status
Petitioner Name(s)
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Signature (s)
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Address(es)
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Tole phone #(s):
Dale: _ t Ir
'Fleid Notes and Location Map for area proposed for Annexation must be submitted alorp with 1
completed petition before process begins.
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Exhibit A•1t Apportionment Line • Metes and Bounds
BEGINNING at a point in the centerline of a public road known its Crawford Road, same being the
southwest corner of the E. Piano Survey, Abstract Me,. 994, and the southeast corner of the M.
Scurlock Survey, Abstract No. 1141, on the north line of the P. Rock Survey, Abstract No. 1063, said
point lying 5,025 feet west of the intersection orthe centerline ok0rawford Road and Interstate
Highway 35W, same being the beginning point of the Apportlonment Agreement Line between the
City of Drnto-, Texas and the Town of Argyle, as recorded in Volume 716, Page 145, of the Deed
Records of Denton County, Texas;
THENCE Westerly In Crawford Roa.1, same being the south line of said M. Scurlock Survey am the
north line of said P. Rock Survey, passing the northwest comer of said P. Rock Survey and tae
northeast comer of the J. James Survey, Abstract No. 1501, continuing a total distance of 10,158 feet
to a point for comer at the southwest comer of said M. Scurlock Survey, same being on the east line of
said J. Anderson Survey, Abstract No. 22, in the centerline of Crawford Road;
THENCE Northerly in Crawford Road, with the w.,t line of said M. Scurlock Survey and the east line
of said J. Anderson Survey, a distance of 3,696 feet to s point for comer at the northeast comer of said
J. Anderson Survey and the southeast comer of the W. L. Dutming Survey, Abstract No. i 568;
THENCE Westerly in Crawford Road, with the south line of said W. L, Dunning Survey and the north
line of said J. Anderson Survey, a distance of 2,333 feet to a point for corner at the northwest comer of
said J. Anderson Survey, some being and inner ell comer o, said W. L. Dunning Survey, said point
lying in the Intersection of the centerline Florence Road and Crawford Road;
THENCE Northerly in Florence lr, rd, a distance of 6,654 feet to a point for comer at the southeast i
corner of the A. Pettus Survey, At., act No. 1286, same being an Inner ell comer of the T. & P. R.R.
Survey, Abstract No. 1301 at the a„rrsection of the centerline of Blair Road and Florence Road;
THENCE Northerly in Florence Road with the northernmost west line of said T. & P. R. R. Survey,
same being the east tine of said A. Feltus Survey, it distance of 4,306 feet to a point for corner at the
northeast comer of said A. Feltus Survey end the southeast comer of the F. Davis Survey, Abstract No.
371, same being the intersection of the centerline of Florence Road and Seabom Road;
THENCE Northerly in Florence Road with the cast line of sold F. Davis Survey and the northernmost
west line orsaid T. & P. R.R. Survey, a distance of 1,989 feet to the northwest corner of said T. & P.
RR. Survey at the Intersection of the centerline of Lively Road and Florence Road, said point being
the PLACE OF ENDING.
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EXHIBIT A- j
7.N.Bkila! Rd
Apportion an Map
f M 1449
DENTON
9a tam Road Nl~
E 'MATED AREA OF
d NO MAKE ETJ RELEASE r
Crawford MW
5trador Road
N RTH KE
FM 407
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Exhibit A-3: Tract 1 - Metes and Bounds s'
All that certain lot, tract or parcel of land lying and being situated In the County of Denton, State of
Texas, in the M. Scurlock Survey, Abstract Number 1141, the F. Garcia Survey, Abstract Number 502,
the B.B.B. & C.R.R, Survey, Abstract Number 197, the J. McGowan Survey, Abstract Number 798,
the F. Oliver Survey, Abstract Number 989, the J. It. Paine Survey, Abstract Number 1617, and being
more particularly described as follows:
COMMENCING from a point in Crawford Road, said point also being the Southeast corner of said
M. Scurlock Survey and the southwest comer of the E. Pizano Survey, Abstract Number 994, Denton
County, Texas;
THENCE North 00 degrees 37 minutes 19 seconds East with the east line of said M. Scurlock Survey,
and the West line of said E. Pizano Survey, a distance of 30.00 feet to a point for comer;
THENCE North 89 degrees 51 minutes 20 seconds West along the North line of Crawford Road and
being 30 feet north of and parallel to the south line of said V. Scurlock Survey, a distance of 3840.02
feet to the POINT OF BEGWNING of the herein described vac(;
THENCE North 89 degrees 5l minutes 20 seconds West along the North line of Crawford Road and
being 30 feet north of and parallel to the south line of said M. Scurlock Survey, a distance of 628795
feet to a point for comer;
THENCE North 00 degrees 00 minutes 47 seconds East, 30 feet east of and parallel to the center of
Crawford Road and the west line of said M. Scurlock Survey and the east line of the J. Anderson
Survey, Abstract No. 22, a distance of 3696.63 feel to a point for corner;
THENCE South 89 degrees 24 minutes 43 seconds West, 30 feet north of and parallel to the middle of
Crawford road and a south line of the W. L. Dunning Survey, Abstract No. 1568 and the north line of
said J. Anderson Survey, a distance of 2333.33 feet to it point for comer;
THENCE North 00 degrees 00 minutes 47 seconds East, 30 feet cast of and parallel to the middle of
Florence Road, a distance of 611.11 feet to a point for comer;
THENCE South 89 dcgrces'24 minutes 45 seconds West, a dislar s of 16.96 feet to s point for comer;
THENCE North 00 degrees 31 minutes 59 seconds West, 30 feet east of and pwallei to the middle of
Florence Road, a distance of 3764.93 feet to a point for comer;
THENCE North 89 deg ecs 51 minutes 47 seconds East, a distance of 2541.91 feet to a point for
comer at the beginning of a curve to the right;
THENCE with said curve to the right having a central angle of 02 degrees 10 minute 14 seconds, a A r
radius of 2640.00 feet to a point for corner;
THENCE South, a distance of 1141.19 feet to a point for comer at the beginning of a curve to the
right;
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THENCE with said curve to the right having a centrel angle of 84 degrees 20 minutes 48 seconds, a
radius of 2640.00 feet to a point for comer,
THENCE South OO degrees 00 minutes 47 seconds West a distance of 1064.92 feet to a point for
corner,
THFNCE East a distance of 1037.44 feet to a point for corner at the beginning of a curve to the right,
THENCE with said curve to the right having a central angle of 89 degrees 29 minutes 36 seconds, a
radius of 2640,00 feet, to the POINT OF BEGINNING and containing approximately 794 acres of
land.
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EXHIBIT A- j
T,N,BkAu Rd
Tract e
FM 2449
DENTON
se wr, Rad
i r ed IT, I
CfsMwd Hoed
SvederFbed
1 ~
L did Jwdn Ro~
NORTH KE _
h
FM 407
e
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EXHIBIT A-S: INTERLOCAL FIRE MUTUAL AID AGREEMENT
Upon request to an official of the Responding Department by an official of the Requesting Departmett,
fire fighting equipment and personnel will be dispatched to any polnl within the Jurisdiction of the
Requesting Department as designated by the official of the Requesting Department.
Any dispatch of equipment and personnel pursuant to this agr eemm." is subject to the following
conditions:
1. Any request for aid hereunder shall include a statement of the amount and type of equipment and
number of personnel requested, and shall specify the location to which the equipment and
personnel are to be dispatched; but, the amount and type of equipment and personnel to be
furnished shall be determined by an official of the Responding Department.
2. The Responding Department shall report to the officer in charge of the Requesting Department at
the location to which equipment and personnel are dispatched and shall be subject to the orders of
that official.
3. This agreement is not only for mutual aid, but may also be used for medical first responders where
there may be a question of boundary.
4. The Responding Department shall be released by the Requesting Department when the services of
the Responding Department are no longer required or when the Responding Department is needed
withir..he area for which it normally provides fire protection.
Neither party shall be reimbursed by the other party for any costs Incurred pursuant to this agreement.
That pursuant to Section 79I.O A of the Texas Local Government Code, each Department agrees that
the act of any person or persons while fighting fires or on emergency calls, travelling to or from
emergency calls, or in any manner furnishing fire protectior within the jurisdiction of the other
Depa tment and outside jurisdictional limit of the Responding Department shall be considered as the
act of the agent of the Requesting Department in all respects, notwithstanding that such person or
persons may be regular employees or volunteers of the Responding Department, and any liability
relating to the furnishing of services is the responsibility of the Requesting Fire Department.
It is expressly understood and agreed that pursuant to Section 332,004 of the Texas Local Oovernrnent
Code, the aforementioned Departments will not be held liable for the actions of any of its employs es or
volunteers while engaged in fighting fires or making emergency calls during runs outside their
jurisdiction.
It is expressly understood and agreed that in the execution of this agreement and contract, neither
Responding :,or Requesting Department waives, not shall be deensed hereby to waive, any immunity
or defense that wo+ald otherwise be available to it against claims arising in the exercise of
governmental powers and functions.
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EXHIBIT B
FASHAREU DEMOL10uT Docufmmtl\Rtwlutionf\"\Denfoe ETJ RMIdon.doe
RESOLUTION NO.
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A RESOLUTION OF THE CITY OF DENTON, TEXAS ACCEPTING AND EXPANDING
ITS EXTRATERRITORIAL JURISDICTION INTO APPROXIMATELY 850 ALkES OF
LAND RELEASED FROM THE TOWN OF NORTHLAKE, TEXAS'S
EXTRATERRITORIAL JURISDICTION; AUTHORIZING THE MAYOR TO EXECUTE AN
IN'IERLOCAL APPORTIONMENT AGREEMENT BETWEEN THE CITIES; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("Denton') is a home rule city lying and being situated
within the County of Denton, State of Texas; and
WHEREAS, the town of Northlake ("Northlake") is a general law city lying and being
situated In the County of Denton, Texas; and
WHEREAS, Denton and Northlake have received a petition from the property owners of
approximately 794 acres of land more fully described in the body of and the attachments to this
resolution requesting that Northlake release this area from its extraterritorial jurisdiction (ETJ)
and allow Denton to simultaneously with the release add the area to its ETJ and annex the ar:a;
which petition is attached to and made a part of this Resolution for all purposes as Exhibit "A";
and
WHEREAS, Northlake has passed a Resolution relinquishing and reducing this area of its
ETJ And consenting to Denton's inclusion of this area into Denton's ET); and f
WHEREAS, Secdon 42.022(b) of the Texas Local Government Code allows the ETJ of a 1
municipality to expand beyond the distance limitations Imposed by Section 42.021 to Include
areas contiguous to the existing ET) of the municipality if the owners of the area request the
expansion; and
WHEREAS, the parties wish to enter into an interlocal agreemeht whereby this
adjustment of boundaries is accomplished along with the provWon of certain municipal stMees
by Denton to Northlake; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HERESY RESOLV3S:
SECTION 1: That the recitals stated above are hereby found and determined to be true
and correct.
SECTIONII: The City Council of Denton hereby accepts into its extraterritorial
jurisdiction that approximately 850 acre tract of land described by metes and bounds in Exhibit
"A-I" and reflected on the map depicted in Exhibit "A•2", which are simultaneo~.sly being r t+ c
released and reduced from the extraterritorial jurisdiction of Northlake in accordance with f r
Section 42.023 of the Texas Local Government Code; such exhibiu which arc attachrd and made
a part of this resolution for all purposes. j
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SECTION I1L In accordance with Sections 42.021 and 42.012 of the Local Government
Code and pursuant to the petition filed by the property owners reque<ting the City to extend its
ETJ to the area described herein, to accept same into its boundaries and to annex the area, the
City of Denton hereby agrees to accept such area into its ET) and to initiate annexation
proceedings Into that area described by melts and bounds in Exhibit "A•3" and reflected on the
map depicted in Exhibit "A•4", which exhibits are attached Wand mado a part of this rtsoiution
Ar all purposes, witch area will expand the city's ETJ automatically when The annexation Is
complete,
SECTION IV: That Denton hereby acknowledges that approximately at the same time of
the passage of this resolution that Northlake is passing a resolution releasing and reducing this
area into Denton's extraterritorial jurlAiction and gra. ting consent of its appropriate city
officials to execute an Interlocal Apportionment Agreement which adjusts the tAtraterritorial
jurisdictlaa boundary lines between the Cities.
SECTION V: That the Mayor, or In his absence the Mayor Pro•Tem, is hereby {
authorized to execute an Interlocal Apporiionmp.nt Agreement, substantially in the form of
Exhibit "B", which is attached to and made a pan of this Resolution for all purposes, adjusting
and consenting to the adjustment of extraterrtodai jurisdiction boundary lines between the Cities
of Denton and Northiake and providing that Denton shall upon the request and consent by
Northlake which Is being made simultaneously with tht passage of this resolution, provide the
water , wastewater and other municipal services that are described within the attached
agreement.
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St'CTV)VV1;That effective with the passage of these Resolutions by Denton and
Northlake and the execution of the Interlocal Apportionment Agreement by the cities, any prior
or previous lines of extraterritorial jurisdiction affecting common boundaries between Denton
and Northlake, overlapping areas and configuring unincorporated areas adjacent and common to
these municipalities are hereby deemed null and void and are no further in force and effect, being
hereby pre-empted by the new extraterritorial jurisdiction f ne set forth and described by the field
notes and proportionate maps set forth in the ApportionmerI Agreement attached as Exhibit "B"
and made a part of this Resolution for all purposes.
SECTION VII That If any acction, subsection, paragraph, sentence, clause, phrase or
word in this resolution, or any application thereof to any person or circumstance Is held invalid by
any wart of competent Jurisdiction, such holding shall not affect the validity of the remaining
portions of this resolution, and the City Council of the City of Denton, Texas hereby declares it
would have enacted such remaining portions despite any such Invalidity.
SECTION V11L That this resolution shall be effective immediately upon its passage
and approval and Immediately and simultaneously with the approval of a resolution of the Town
Council of Northlake releasing and reducing the extraterritorial jurisdiction area from its ETJ.
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PASSED AND APPROVED this the day of 01999.
JACK MILLER, MAYOR
ATT'dST:
JENNIFER WALTERS. CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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F;UAREDIDEPT,LGLV%rpocummleAtiolutioniW\NorthIdeETJRewlutiondoe EXHIBIT C `
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RESOLUTION NO.
A RESOLUTION OF THE TOWN OF N(JRTHLAKE, TEXAS, RELINQUISHING AND
REDUCING APPROXIMATELY 8% ACRES OF LAND WITHIN ITS
EXTRATERRITORIAL )URISDICTION (ETJ); CONSENTING TO THE CITY OF DENTON
EXPANDING ITS ETJ TO INCLUDL THIS AREA AND ANNEXING WITHIN THIS AREA;
PROVIDING THE AUTHORITY FOR THE MAYOR TO EXECUTE AN INTERLOCAL
APPORTIONMENT AGREEMENT ADJUSTING AND CONSENTING TO THE
ADJUSTMENT OF THE ETJ BOUNDARY LINES BETWEEN THE CITIES; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, the town of Nonhlake ("Nonhlake') is a general low city lying and being
situated in the County of Denton, Stata of Texas; and
WHEREAS, the City of Denton ("Denton') is a home rule city tying and being situated
within the County of Denton, State of Texas; and
WHEREAS, Denton and Nonhlake have received it petition from the properly owners of
approximately 794 acres of land more fully described in the body of and the attachments to this
resolution requesting that Nonhlake release and reduce this area from its extraterritorial
jurisdiction ("ETJ') and that Denton simultaneously with the .vlease, add the area to its ET1 and
annex the area, which petition Is attached to and made a pan of this Resolution for all purposes
as Exhibit "A", and
WHEREAS, the parties wish to enter into an interlocai agreement whereby this adjustment
of boundaries is accomplished along with the provision of certain municipal services by Denton
to Nortl,lake; NOW, THEREFORE,
THE TOWN COUNCIL OF THE TOWN OF NORTHLAKE HEREBY RESOLVES:
SI<CT10N I: That the recitals stated above are hereby found and determined to be true
and correct.
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SECTION IL• That In accordance with Section 42.023 of the Texas Local Government
Code, the towm of Nonhlake hereby releases, relinquishes and reduces approximately 950 acres
of land within its ETJ located and more fully described by metes and bounds in Exhibit "A-I"
and as shown and depicted on the map attached as Exhibit "A•2", which exhibits are attached
hereto and made a part of this resolution for all purposes. Nonhlake agrees that this area ii f Bing
relinquished, released and reduced in accordance with Section 42.023 of the Texas Local
Government Code, This resolution shall constitute the written consent of the Town Council of
the City of Nonhlake to release and reduce its extraterritorial jurisdiction.
ISECTIONIII: Thrt Nonhlake agrees that Denton will have the sole, exclusive and
undisputed right to expand its ETJ into the released area described by Exhibits "A•1" and "A•2"
and agrees that Dentor, may enact ordinances annexing all or any part of this area in response to
the petition mentioned above.
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SECTION iV: That Northlake hereby acknowledges that approximately It the same time
of the passage of this resolution that Denton is pacing a resolution aceeptin this ant Into Its
extraterritorial jurisdiction and g anttA 9 consent of its appropriate city officials to execute an
Interlocal Apportionment Agreement which adjusts the extraterritorial jurisdiction boundary
lines between the Cides.
SECTION V1 That the Mayor of Northiake is hereby authorized to execute an Interlocal
Apportionment Agreement, substantially in the fort of tie attached Exhibit "B" which is made a
part of this Resolution for all purposes which adjusts the boundary lines between the cities and
whereby Denton agrees to provide certain water, wastewater and other municipal services which
are more fully set forth In the attached agreement. Tha Town Council of Northlake hereby
requests and consents to Denton providing such services in accordance with the attached
Apportionment Agreement.
SECTION VI: That effective with the passage of these concument Resolutions by Denton
and Northloke and the execution of the Interlocal Apportonment Agreement by the cities, any
prior or previous lines of extraterritorial jurisdiction affecting common boundaries between
Denton and Northlake, overlapping areas and configu&g unincorporated neas adjacent and
common to these municipalities are hereby deemed null and void and us no further in force and
effect, being hereby pre-empted by the new extraterritorial jurisdiction line set forth and
described by the field notes and proportionate maps set forth in the Apportionment Agreement
attached u Exhibit "B" and made a part of this Resolution for all purposes,
SECTION V[1_: That if any section, subsection, paragraph, sentatce, clause, phrase or
word In this ro4olutwn, or any application thereof to s:ny person or circumstance is held invalid by
any court c,. cotnpetent jurisdiction, such holding shall not affect the validity of the remaining
portions o.1 is resolutoi and the Town Council of Notthlake, Texas hereby declares It would have ,
enacted such remaining portions despite any such invalidity.
SECTIONV111:That this resolution shall be effective immediately upon its pump and
approval and Immediately and simultaneously with the approval of a moludon of the City
Council of Denton accepting the extraterritorial jurisdiction no into its ETI,
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PASSED AND APPROVED this the day of
1999.
MICHAELI.S, V IE,MAYOR
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ATTEST:
SHIRLEY ROGERS, TOWN SECRETARY "
pF No
BY:
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APPROVED AS TO LEGAL FORM; '-~9r • • icy'
TOWN ATTORNEY KE;wBY:
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AGENDA INFORMATION SHEET All"d btri IFZ4
Deb -
AGENDA DATE: April 2011999
DEPARTMENTt Planning&Development
CM/DCMIACM: Rick Svebla
SUBJE
Receive a preliminary assessment, hold a discussion, and consider approval of it schedule of public
hearings with regard to the proposed voluntary annexation of a 2,745.51 acre tract of land located west
of 1-35W, north of Crawford Road, and east of Florence Road.
BACKGROUND
The representatives of Robson Communities, Inc, have been working with the City of Denton for more
than a year to develop plans for a master-planned resort retirement community, located west of the I-
35 W 1 Crawford Road intersection (see Exhibit A). The subject property is 2,745,51 acres in size; an
estimated 794 acres are located within the Town of Northlake ET), and an estimated 1,952 acres are
located within the City of Denton ETJ. The developer requests that the Denton City Council consider
annexing the entire 2,745.51 acre tract by taking the following sequential actions:
I. Consider entering into an Interlocal Apportionment Agreement Resolution with the Town
of Northlake, thereby assigning the portion of the Robson tract inside Northlake's ET) to
Denton.
2. Approve the annexation schedule for the voluntary annexation of the 2,745.51 acre tract, as
outlined i t Exhibit A.
3. Withdraw the portion of the Robson tract from further consideration for involuntary
annexation by deleting the portion of their property from the city's involuntary annexation
petition.
The Growth Management Strategy, adopted by City Council in January 1999, acknowledges the
potentis' .1c mlopment of the Robson tract, and includes the property as an area to be considered for
annexation within the period from 1998 to 2020.
OPTIONS
The City Council will be asked to consider adoption or a resolution that would facilitate the execution
of an Intcrlocal agreement with the Town of Northlake py& to considering the Robson voluntary
annexation schedule. Council members may not pursue the attached schedule for the entire 2,743,51
acre tract unless the interlocal ngreemcnt between Northlake and Denton is executed. The Council
may also elect to continue the involuntary annexation proceedings for the 1,932 acre portion of the
Robson tract,
RECOMMENDATION
Staff recommends that the voluntary annexation schedule, as act forth in Exhibit B, should be approved
by the City Council, Once the Denton-Northlake interlocal agreement is executed, staff recommends
that the involuntary annexation proceedings affecting the Robson tract should be withdrawn by
Council.
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ETIMATED SCHEDULE OF PROJECT
The voluntary annexation schedule, provided in Exhibit B, indicates that the first public hearing would
be held on May I la'. 1999, If the second reading of the annexation ordinance, scheduled for July 20 ,
1999, is approved by City Council, the effective date of the annexation would be August 3nd,1999.
Other actions involving the City of Denton and the Town of Northlake are being coordinated to allow
the annexation of the entire Robson tract by Denton. These include,
Thursday, April go • Northlake Town Council Briefing - lnterlocal Agreement
Friday, April SO N Denton City Council Briefing- Interlocal Agreement
Friday, April 150' • Northlake Town Council Special Called Meeting to consider Denton-
Northlake Interlocal Agree riont Resolution, authorizing Mayor Savoie
to enter into agreement (Approved, 5.01
Submit!ai of Voluntary Annexation and PD Concept Plan Application
by Robson
Tuesday, April 20'" , Denton City Council consideration of Denton•Northlake Interlocal
Agreement Resolution, authorizing Mayor Miller to enter Into
agreement; and
Denton City Council Approval of Robson Ranch Voluntary
Annexation Schedule
April 2Or' - May 1" , Withdrawal of Tract #1 Involuntary Annexation Ordinance by City
Council upon execution of Denton-Northlake Interlocal Agreement
PRIOR ACTIONIREV1EW
The Robson tract has been subject to extensive service analyses by several city departments, which
have been used to develop a draft service plan for the area. The service plan, attached as Exhibit C, '
will have to be reviewed to determine the impact of the addition of the 794 acres currently located
within the Town of Northlake,
FISCAL INFORMATION
The service plan identifies resources needed to provide services to the Robson tract.
ENHIBITS
Exhibit A: Robson Property Map
Exhibit B: Voluntary Annexation Schedule
Exhibit C: Service Plan
;ot tfully Submitt
M. Hill
of Planning and Development
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T.N.SkkoRd EXHIBIT A
Robson Pro a Map
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FM 2449
I
DENTON
.4.,n now
AREA CURRENTLY INSIDE
DENTON ETJ
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Crawford Road
Slreder iWSd ~
ESTIMATED AREA OF
II NORTHLAKE ETJ RELEASE
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NORTH UE
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_ FM 407
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Exhibit B
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VOLUNTARY ANNEXATION SCHEDULE. ROBSON RANCH
Saturday, May 1't N~tlce published in Denton Record-Chronicle for 1u City Council
public hearing
Tuesday, May 11d' City Council conducts fjmLpubtic headna.
• 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.
o Service Plan prepared and available for public review.
Sunday, May 2nd Notice published in Denton Record-Chronicle for Planning and
Zoning Commission public hearing.
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Sati.orday, May 8d' Notice published in Denton Record-Chronicle for 2nd City Council
public hearing
Wednesday, May 12d' 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 less than 10 days before public
hearing,
Tuesday, May 18'h City Council conducts second public head
Public nog(* must be no less than 10 days and no more than
20 days before public hearing.
Tuesday, June 1 Sd' City Council by a four-fifths vote Institutes annexation
proceedings.
First reading of annexation ordinance,
• Action must be more than 20 days after the second public
bearing but less than 40 days from the first public hearing.
Sunday, June 20d' Publication of annexation ordinance in Denton Record-Chronicle
Tuesday, July 20' City Council by a four-fifths vote takes final action. Second
reading and adoption of the annexation ordinance. City Council
considers approval of zoning,,)quest.
• Council action must be more than 30 days after publication of '
ordinance and less than 00 days after council Institutes
annexation proceedings.
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Exhibit C
DRAFT ANNEXATION SERVICE PLAN: TRACTS #1, #2, & #3
IThe Robson Properly Is referred to as Tract #I In this Service P1an.J
CASE NUMBER: A-80
AREA: 3,102 Acres
LOCATION: In the far southeastern section of the city of Denton ETJ, in the vicinity of
Crawford Road, Interstate, Highway 1•33W, and U.S. 377.
Municipal services to the site described above shall be fumishcd by or on behalf of the City of Denton,
Texas, at the following levels and in accordance with the following schedule;
A. Police Protection
In the short term, the Police Department can provide service to Tracts #1, #2, and #3 using existing
resources, resulting in response limes consistent with other undeveloped prrimeter areas of the city.
In the longer term, the Police Department estimates that service can be provided within average
response times for the City as a whole, with the addition of 24 sworn and 8 non-sworn personnel,
phased in proportion to population growth within the annexed treas.
0. Fire Protection and Emergency Medical Services
Fire service will be available though existing facilities during the interim period when the
annexation tracts remain for the most part undeveloped. A new Fire Station #7 will be needed in
the future to provide service to the annexed tracts, to be located in the vicinity of the 1.33W / F.M.
2449 intersection. The city of Denton Fire Department Five-Year Strategic Plan is scheduled to be
presented to City Council on March 30`h, 1999. The plan will provide additional detail regarding
proposed fire and emergency service delivery to all parts of the city, including Tracts #1, #2, and
#3.
C. Water 1 Wastewater Services
Current city of Denton CIP funding is programmed for the construction of a 20-inch water line
extension that will reach the Hills of Argyle subdivision on U.S. 377. The line will be extended
further south to Tract 43 in a subsequent phase. Construction of these improvements will begin
within 2 years and will be completed within 4A years. Development within Tract 03 is expected to
run the line west to 1.33W. The property owners of Tracts #I and #2 will be expected to extend
water lines from 1.33W to deliver water for development, Interim water service options arc
available.
Wastewater service will be made available through either extensions from the Hickory Creek
interceptor sewer system or through on-site treatment plants that are owned, operated, and r ! I
maintained by the City of Denton.
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D. Stormwater Drainage Services
Drainage improvements will be made by property owaKs at the time of development.
Maintenance will be the responsibility of the City of Denton, supported as a function of water and
wastewater fund transfers paid by rate payers.
E. Solid Waste Collection and Disposal
Solid waste service are available to the annexed tracts. Existing contracts between customers and
private waste haulers will not be disturbed. Equipment and personnel needed to serve new
development will be added in to growth in the customer base.
proportion F. Electric Utilities
Electric service will be made available upon request to all of the property within the areas being
annexed.
C. Parks and Recreation Services
Neighborhood parks will be provided as residential growth occurs, as per the City of Denton Park
Dedication Ordinance. One community park will be needed In the longer term. The community
park and additional personnel will be funded as appropriate through city funds.
H. Streets and Roads
Crawford and Florence Roads, located on the perimeter of Tract hl, will not be annexed, and will
remain the responsibility of Denton County. Johnson, John Paine, and Allred Roads in Tract 0
will be upgraded by private development, and utwmately maintained by aie City of Denton. F.M.
1930 (Country Club Road) is a state facility and will be upgraded and maintained by the Texas
Department of Transportation (TXDOT).
1. Building Inspections! Code Enforcement Services
Services are available now for the areas to be annexed. Additiomd personnel will be dedicated to
the areas to be annexed as dictated by growth.
J. Library Services
The Library Master Plan will dcterM'"i the appropriate method of service delivery for all areas of
the city, and is near completion. The plan will be presented to City Council in late April 1999.
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W48 ft AGENDA INFORMATION SHEET AG 14 a
Do
AGENDA DATE: April 20,1999
DEPARTMENT: Planning & Development
CMIDCMIACM: Rick Svehla
SUBJEC'~
Consider adoption of three ordinances annc%ing three tracts of land located in the southwestern section
of the City of Denton extraterritorial jurisdiction, amounting to 3,102 acres of land. First Reading. (The
Planning and Zoning Commission recommends approval, 4-2,) j
a. Tract #l (A-80): approximately 1,952 acres of land located at the southwestern edge of the City
of Denton's extraterritorial jurisdiction, between Crawford and Lively Roads, approximately
5,800 feet west from 1-35W, and east from Florence Road. (Robson property)
b. Tract #2 (A-81): approximately 125 acres of land, 1,000 feet in width extending north from
Crawford Road, and extending to the west approximately 5,800 fact from 1.35W,
c. Tract 43 (A-82): approximately 1,025 acres of land, located between 1.33W and U.S. 377,
north of Crawford Road, and south of Alred Road.
BACKGROUND
Three tracts of land, shown in Exhibit A. are under consideration for involuntary annexation by the
City of Denton, State annexation law (excerpts are provided in Exhibit H) describes the process and
scheduling requirements (Exhibit E) that must be followed. Public hearing held on March 19'h and
30th, 1999 started the review process. During both of these public hearings, City Council received a
staff briefing and heard public comments. Following a public hearing on April 14'",1999, the City
Planning and Zoning Commission recommended that City Council approve annexation of the tracts as
proposed, by a vote of 4.2 (Engelbrecht, Risher, Gourdie, Mommo - In Favor; Powell and Apple -
Opposcd; Ganzcr - Absent). The balance of interests between affected property owners and the
community as a whole was discussed at length, and the P&Z Commissioners indicated that the tax
impacts on affected property owners should be clearly Identified before proceeding any further.
Commissioner Engclbrecht also asked :hat city staff strongly consider neighborhood meetings prior to
commencement of the formal public hearings.
On April 20th, 1999, City Council will consider the adoption of three ordinances on first reading to
initiate the formal annexation proceedings, For each ordinance, a super-majority vote (6.1 or 7.0) will
be required for passage. If adopted on first reading, another super-majority vote of council will be
needed during the May 25'h, 1999 second reading of the ordinances in order for the annexations to
become effective. Separate ordinances have been dratted for each tract because of differing f t ;
characteristics and locations.
Tax impact information on northern property owners located within Tract #3 is attached as Exhibit E
for Council review.
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a round: Growth Manatterneat Strategy Issues
For more than a year, the City of Denton has actively pursued the development of a comprehensive
plan intended to guide growth for the next 20 years. Population forecasts being used to develop the
plan indicate high levels of growth in the city's southern and eastern extraterritorial jurisdiction (ETJ),
predicting that an additional 80,000 people will live in the Denton area in tFe near future. I
The Growth Management Strategy (GMS) is the cornerstone of the comprehensive plan, and was
adopted by the Denton City Council in January 1999. The GMS identifies the high growth areas in the
ET) as "Urbanizing Areas", indicating that these areas will be considered for annexation and managed
growth. Planning Policies adopted by City Council in April 1996 are strongly oriented toward the
coordinated and efficient provision of all municipal services, including infrastructure systems related
to transportation, water, sanitary sewer, and drainage.
The tracts identified for proposed annexation are located in "Urbanizing Areas." Much of the land is
designated in the GMS as appropriate for the development of neighborhood centers, and densities are
intended to be high enough to require full municipal serv'ces, averaging A dwelling unite per acre.
Tract #11 is located within a designated mixed-use urban center, located on the west side of 1.35W,
extending north from Crawford Road. Urban centers are intended to allow a mix of coordinated, high
intensity land uses, including retail, office, high density residential, and corporate-based employment
facilities. The Planning Policies also stress that managed growth is dependent upon efficient and
coordinated provision of transportation and utility systems, in recognition that these municipal services
arc the building blocks for community health and quality of life.
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Background: ETJ and CCN Issues
Recent events have raised concems that efforts to manage growth and coordinate municipal services
are being threatened. Owners of property located at the far south extremes of the city's ETJ have
attempted to form a Fresh Wnler Supply District (FWSD), intended to provide independent water
service instead of connecting to the City of Denton Utilities system. tribe FWSD is allowed to
provide wa er to ETJ properties, land can be subdivided and platted at high densities despite potential
strain on oth,r services. State law establishes the limits of ETJ for all Texas cities, and for Dcn:on, the
ET) extends J''/, miles from the city limit line. State law appears to protect cities by prohibiting the
establishment of political subdivisions inside the ETJ without a city's consent (FWSD's are political
subdivisions), In addition, the exclusive authority to provide water and wastewater services appears to
be assigned to the city through its Certificate of Convenience and Necessity (CCN), a permit issued by
1 the Texas Natural Resources Conservation Commission (TNRCC). However, attorneys experienced in
I state land use and water law have concluded that state legislative amendments continue to evolve in
favor of FWSD's and MUD's (Municipal Utility Districts), and that Denton's ET) and CCN powers
may not be strong enough to prevent the formation of these political subdivisions. The City of Denton
has taken legal action to counter the of orts taken by the FW'SD,
Fresh Water Supply Districts are not always considered a negative influence to the provision of
scr ices to communities In TCYas, particulvly in areas where municipal services are not available,
However, the FWSD that has annexed a portion of the City of Denton ET) poses severil problems:
• No effort was made to coordinate services with the City of Denton. The provision of water
increases demand for other utilities shat can stress the city budget, requiring a disproportionate
allocation of resources to the detriment of taxpayers and utility rate payers.
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4 The City of Denton's state certification to provide water and sewer services within its CCN
boundaries is intended to provide assurance that proper planning and investment in capital
improvements can be possible. A water line extension planned to extend south along U,S 377
(Fort Worth Drive) could result in a "stranded investment" if property owners are allowed to
select another provider.
• The provision of water services in the Hickory reek watershed poses special concern given
the fact that sanitary sewer system improvements have not yet been planned nor implemented.
Without proper planning and coordination, City of Denton raw water supply, which is drawn
from an intake located on the Hickory Creek branch of Lewisville Lake, could suffer severe
deterioration. All Denton water users would be impacted by such a problem.
t FWSD's, which are governed by a self-selected Board of Directors, are empowered to use
bonds to borrow funding to pay for utility improvements. Property owners within the district
then pay taxes levied by the board to pay for the improvements. Issues of double taxation pose
equity issues, and the debt issued by the district represents a long-tern liability.
♦ With services available, property In the district can be subdivided, platted, and developed at
urban densities without compliance with city zoning regulations. During a period of rapid
growth, the district could stimulate development inconsistent with City of Denton planning
efforts, effectively negating objectives to manage growth to the benefit of all citizens.
• FWSD's and MUD'S have been known to fail. Such an event would certainly cause great
diffic,dtics for the residents and property owners within the district, but Denton could also
experience the problems posed by bail-out responsibilities.
Background: Annexation & Servlce Plan Issues
Annexation of ETJ areas is the highest level of protection afforded to cities to manage growth and
coordinate municipal services. Once inside the city limits, areas subject to development pressure will
have to comply with all of the development regulations deemed necessary by City Council to protect
public health, safety, and welfare,
As per state law, thorough analyses and a service plan have been prepared and are available for public
inspection 1Fxhibits D and E). Because the tracts to be annexed are for the most part undeveloped,
Immediate docaund for services is low, No households were found in Tracts #1 and t12, and eight
households were found in Traci #3, All properties within the annexed tracts will be en.itled to police
and fire protection, solid wasle collection, and road maintenance within 60 days of the effective date of
the annexation (the effective date of annexation Is projected to be June 8'",'999; by September 8'",
1999, the aforementioned service would be required to h.- available). Fire protection will be provided
at first from existing stations, and a new Station 47 will be programmed to be constructed in the
vicinity of the 1-35W / F.M. 2449 intersection,
In addition the servii. : analyses and service plan describe the methods by which utilities and other
services will be provided. Of primary importance are water and sewer services. Improvements
intended to serve the annexed tracts must, by state law, begin construction within 2 years and be
completed within 4Vi years. Required projects are Identified in the service plan, including a major
water line extension southward along U.S. 377, A varlety of sptions art being considered to deliver
wastewater services, including a tine extension from the Hickory Creek interceptor sewer system to + (J r
onsite treatment plants that would operated and maintained by the City of Denton. These and other
services will be made available In proportion the demand caused by new development.
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Three separate ordinances will be drafted to allow each tract to be annexed individually. N
Representatives of the Robson property (Tract #1) may •equest voluntary annexation if a portion of
their land currently located inside the Town of Karthlake ETJ can be relinquished in favor of the City
of Denton. City staff is working with the Town of Northlake to prepare V interlocal agreement for
review by each municipality's council.
OPTIONS
Several options are available to the Denton City Council members, regarding the inclusion or
exclusion of properties in the tracts. However, annexation is so strongly governed by state law that
little discretion is available concerning the conditions under which annexation may occur. The
ordinances allow consideration of each tract separately.
RECOMMENDATION
Staff recommcnds that the annexation process for Tracts #1, #2, and #3 should proceed as scheduled.
The service plan indicates that feasible course of service provision is available. Implementation of the
service plan, along with the annexation, will enable the City of Denton to meet its CCN obligations,
implement zoning regulations in the annexed areas, and allow realization of the city's Growth
Management Strategy,
FRTIMATED SCHEDULE OF PROJECT
The annexation process, if followed according to the schedule attached as Exhibit F, will be completed
by May 25,h, 1999.
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PRIOR ACTION/REVIEW
February 23 ,1999 Council approval of annexation schedule
March 29"t I W9 1" Public Hearing
March 30, 1999 2nd Public Hearing
April 14d',1999 Planning & Zoning Commission recommcudation of approval, 4.2
Additional briefings and consultations have been held by the City Council *0 respect to litigation '
filed against a Fresh Water Supply District that has allegedly annexed a portion of Tract 0.
FISCAL INFORMATION
Fiscal Infotmalion is supplied in the Service Analyses and Service Plan,
EXHIBITS
Exhibit A: Map of Proposed Annexation Property
Exhibit B: Annexation Petition
Exhibit C: Annexation Service Plan
Exhibit D: Annexation Schedule
Exhibit E: Tax Impact on Northern Tract #3 Properties
Exhibit F: Draft Ordinances
Respectfully Submitted t' ~ rr, t
avid M. t
Director of Planning and Development
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Exhibit A j
MAP OF ANNEXATION TRACTS I
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Exhibit B
I
PETITION
FOR
ANNEXATION
TO THE PLANNING AND ZONING COMMISSION
AND
CITY COUNCIL
OF
THE CITY OF DENTON, TEXAS
The undeWgrrd does hereby petition for annexation of 3.1%j was located In the southwestern
sects of the extraterritorial Jurisdiction of the City of Denton, Texas, The property Is mote particularly
described In the attached survey description and shown on the attached map. The undersigned also certifies
that the following required Information concerning the land and its Inhabitants Is reasonably arcwate ►nd
assumes responsibility for completion of sold Information prior to scheduled action on the petltk;n by the City of
Denton.
1. Is petition being Initialed by owner(s) or majority of registered voters In area of request?
Yes No X If no, what Is the status of the application?
The petition Is submitted hx Involuntary annexation.
2. How many dwelling units are located within the area requested for s tnexatlon? J
fl known 1
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3. How many businesses or non resktentlal land uses are located within the area of the request?
None
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4. Does area of request Include any territory within the city limits or extrateritodal Jurledlotlon of another city?
Yes No X_
6. Eslimaled population of the area of requosl 25 _ Adults 20 Children . 8
Number of registered voters? 20 _
6. At the time of this petiWn, have any other annexation procedures been Initiated for all or any pan of the
i
area requested In this petition?
Yes No X e l r
Does a water supply dlatrlat Ile within the boundarlo: c""no ores proposed for annexation?
Yes No X
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(A claim of district formation is being legally conlested by the Cfy of Denton.)
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S. What zoning, if any, other than agriculture? (A), Is being requested under separate petition?
None
How much of territory proposed for annexation Is Included In zoning petition?
None
9. What Is the purpose of annexation?
The annexation Is Intended to prevent the formation of a Fresh Water Supply Dlatrict with the
southwestern section of Denton's ETJ; to provide of lent and coordinated roadways, uthid", and
other municipal services; to menage growth consistent with the City of Denton's Growth
Management Strategy and Planning Policies; and to protect the qurfity of Denlows raw water
suppy.
10. Planned land use (if zoning Is being requested):
No land uses are being requested; upon annexetion, properties will be zoned 4Agrl-Adtural" as per
the requirements of Chapter 35'2oning` of the Code of Ordinances of the City of Denton,
11. Have petitioner(s) familiarized themselves with the official annexation policy, WI we policies, and me
standard municipal service plan of the City or Denton? Yes X No
Petitioner: City of Denton
Address: City Hall, 216 East McKinney Street, Denton, TX 75201
Telephone 0: 940 1349-8307
Date: March 2e, 1099
Statue of petitioner 9 not the owner of the property: Home rule municipality with authority to annex Its own
exlralerrhorlal jurisdiction,
'Reid Notes and Location Map for area proposed for annexsUon must be submitted along with completed
petition before process begins.
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E01bit C
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DRAFT ANNEXATION SERVICE PLAN: TRACTS #11 #29 & 03
CASE NUMBER: A-90
AREAL 3,102 %cres
LOCATION: In the far southeastern section of the City of Denton ETJ, in the vicinity of
Crawford Road, Interstate Highway 1.35W, and U.S. 377.
Municipal services to the site described above shall be furnished by or on behalf of the City of Denton,
Texas, at the following levels and in accordance with the following schedule,
A. Police Protection
In the short term, the Police Department can provide service to Tracts 41, 02, and #3 using existing
resources, resulting in response times consistent with other undeveloped perimeter areas of the city.
In the longer term, the Police Department estimates that service can be provided within average
response times ror the City as a whole, with the addition of 24 sworn and 9 non-sworn personnel,
phased In proportion to population growth within the annexed tracts.
B. Fire Protection and Emergency Medical Services
Fire service will be available though existing facilities during the interim period when the
annexation tracts remain for the most pail undeveloped, A new Fire Station 47 will be needed in
the future to provide service to the annexed tracts, to be located In the vicinity of the I.35 W / F.M.
2449 intersection, The City of Denton Fire Department Five-Year Strategic Plan Is scheduled to be
resented to City Council o
presented y on Much 30fi, 1999. The plan will provide additional detail regarding
proposed fire and emergency service delivery to all parts of the city, including Tracts # I, #2, and
#3.
'i C. Water/ Wasiewater Services
1 Current City of Denton CIP funding is programmed for the construction of a 20-inch water line
extension that will reach the tills of Argyle subdivision on U.S. 377, The line will be extended
further south to Tract #3 in a subsequent phase. Construction of these improvements will begin
within 2 years arnf will be completed within 4% years. Development within Tract #3 is expected to
run the line west to 1-33W, The property owners of Tracts # I and #2 will be expccttd to extend
water lines from 1.35W to deliver water for development. Interim water service options are
available,
Wastewater service will be made available through either extensiow, rltim the Hickory Creek i
interceptor sewer system or through on-site tr% fitment plants that are owned, operated, and A~
maintained by the City of Denton. f
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D. Stormwater Drainage Services
Drainage improvements will be made by property owners at the time of development.
Mainionance will be the responsibility of the City of Denton, supported ass function of water and I
wastewater fund transfers paid by rate payers.
E. Solid Waste Collection and Disposal
Solid waste service are available to the annexed tracts. Existing contracts between customers and
private waste haulers will not be disturbed. Equipment and personnel needed to serve new I
dev ,Iopment will be added in proportion to growth in the customer base,
F. Electric Utilitin k
Electric service will be made available upon request to all of the property within the areas be'ng I
annexed.
C. Parka and Recreation Services
Neighborhood parks will be provided as residential growth occurs, as per the City of Denton Park
Dedication Ordinance, One community park will be needed In the longer term. The community
park and additional personnel will be funded as appropriate through city funds.
H. Streets and Roads
Crawford and Florence Roads, located on the perimeter of Tract #I, will not be annexed, and will
remain the responsibility of Denton County, Johnson, John Paine, and Allred Roads In Tract N3
will be upgraded by private development, and ultimately maintained by the City of Denton. RM.
1834 (Country Club Road) is a state facility and will be upgradod and maintained by the Texas
Department of Tranapottation (TXDOT).
1. Building Inspections / Code Enforcement Services
Services are available now for the areas to be annexed. Additional personnel will be dedicated to
the areas to bo annexed as dictated by growth,
J. Library Services
The Library Mosier Plan will determine the appropriate method of service delivery for all areas of
the city, and is near completion. The plan will be presented to City Council In tale April 1999.
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Exhibit D
INVOLUNTARY ANNEXATION SCHEDULE
TRACTS #1, #21 AND #3
ll vletd Afamh VT, 1999
Friday, March 19"' Notice published In Denton Record-Chronlcie for both CC public
hearings.
Monday, March 29"' City Council conducts first public hearing.
Public notice must be no less than 10 days and no more than
20 days before public hearing.
a Special Called Meeting
o Annexation Study prepared and available for public review.
o Service Plan prepared and available for public review.
Tuesday, March 30'" City Council conducts second public hearing,
• Public notice must be no less than 10 days and no more than
20 days before oubllc hearing.
• Spacial Called Mating
Sunday, April 4' Notice published In Denton Record-Chronlcle for Planning and
Zoning Commission public hearing.
Wednesday, April 10' 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 less than 10 days before public
hearing,
Tuesday, April 201h City Council by a four-fifths vote Institutes annexation
proceedings. First reading of annexation ordinance,
• Action must be more than 20 days after the second public
herring but less than 40 days from the first public heaping.
Sunday, April 2e Publication of annexation ordinance in Denton Record-Chronicle,
Tuesday, May 25th City Council by a four-fifths vote takes final action
Second reading and adoption of the annexation ordinance.
• Council action must be more than 30 days after publication of
ordinance and less than 90 days after council Institutes 1 tr
annexation proceedings.
• Special Called Meeting (scheduled Work Session)
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Exhibit E
ESTIdIA'TED TAX IMPACTS ON NORTHERN TRACT #3 PROPERTIES
City staff has prepared an analysis of the tax impacts of the proposed involuntary annexation on the
nonhern parcels located in Tract #3, shown in the table below, The data corresponds with the parcel
map provided In this exhib°l. The data may be imprecise because small portions of the parcels may
already ba in the city limits, and because the Appraisi i District is recalculating the extent of
agricultural exemptions. AreA "G" is..lually six small parcels. The data shows the owner's name,
whether the owner has an agricultural exemption, the land's market value and taxable value, and the
annual city taxes that would be levied given the current rate. County taxes would remain the same, as
would the Argyle Independent School District taxes. The sources of information are Denton County
Appraisal District and the City Finance Department.
Tract Agricultural Market Tax (YO,
Designation Acreage Exemption Value 1141ue Tares
A 34, 9 X 5370303 $3,950 $20.07
(Stlnchcomb (land only)
B 92.38 X $200,299 $60,883 5309.12 1
(f lu hea (land Ahome)
C 13.55 X 5181,.'3 $1,448 57.35
(ltlocker) (land only)
D (htc136chln X pa$„d74138 1 5199,711 $1,014.83
E 98.1 X 5790,045 $100,024 %508.27
(Smith Trust) (Tand d home) ,
F 131 X $594,289 $46,597 5236,78
brown (land k home)
01 (Tu2.5 rner) (104&h~ome9 $67,159 5341,26
G2 (hiorrn en) (a5na a 3y0) $3,230 S16.41
03 1.46 515,330 $15,330 577,90
(Porter) (sand only)
G4 (Cr,errow,sd 536,944 $36,944 $187,73
Pannen (tend only)
05 3.72 $165,008 5165,008 $838.48
(Cooper) (land s honx)
G6 1.84 $130,345 $130,345 $662,35 r'
(Simpson) land k home) A,
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11
Area Abiact Tract
p 159 1&2 /
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B 159 5 /
c 159 4&5
D 160 3 %
E 517 5&5 i
r 1187 1
G 158 4&i /
G 994 8.12 /
APod Aa
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Crawford Raed
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT
COMPRISING 1,952 ACRES, LOCATED ON THE WEST SIDE OF I-35W, NORTH OF
CRAWFORD ROAD, AND EAST OF FLORENCE ROAD; PROVIDING A SEVERABILITY
CLAUSE AND PROVIDING AN EFFECTIVL DATE (A•80),
I
WHEREAS, the City of Denton wishes to extend its City limits line to include the 1,952
acre tract labeled "Tract 0", as described In Exhibit A; and
WHEREAS, public hearings were held in the Council Chambers on March 29'h, 1999,
and March 3P, 1999, to allow all interested persons to state their views and present evidence
bearing upon this annexation; and
WHEREAS, after a public hearing on April 10, 1999, the City of Denton Planning and
Zoning Comrt(ssion recommended approval of the annexation by a vote of 4.2; and
WHEREAS, annexation proceedings were instituted for the property described herein by
the introduction of this ordinance at it meeting of the City Council on April 204,1999; and
WHEREAS, this ordinance has been published in full c time in the official newspaper
of the City of Denton Act annexation proceedings were instituted and 30 days prior to City
Council taking final action, as required by City Charter; and
WHEREAS, the City Council f nda that the annexation will be in compliance with the
1999 Growth Management Strategy; NOW, THEREFORE
THE COUNCIL OF THE C11 Y OF DENTON HEREBY ORDAINS;
SECTION1: That the tract of land labeled "Tract 41", described in Exhibit A, altached
hcrclo and incorporated by reference, is annexed to the City of Denton, Texas.
SECTION ! That the service plan attached as Exhibit D. and incorporated by reference,
which provides for the extension of municipal services to the annexed property, is approved as
part of this ordinance.
SECTION Ill: The annexed property Is temporarily classified as Agricullural (A) zoning
district classification and use designation.
SECTION IV: The City of Denton official zoning map is amended to show the
Agricultural (A) zoning district and use classification of the property annexed, 1< ` -
SECTION V: Should any part of this ordinance be held illegal for any reason, the
holding shall not affect the remaining portion of this ordinance and the City Council hereby
declares it to be its purpose to annex to the city of Denton all the real property described in
Exhibit A regardless of whether any other part of the described property is hereby effectively
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annexed to the City, If imy part of the real property annexed is already included within the city
limits of the City of Denton or within the limits of any other city, town or village, or is not within
the City of Denton's jurisdiction to annet, the same is hereby excluded from the territory
annexed as fully as if the excluded area ware not expressly described in this ordinance.
SECTION VI: Thai this ordinance Rhall become effective fourteen (14) days from the
date of its final passage and publication, and the City Secretary is hereby dirMod to coast the
entire ordinance to be published once and the descriptive Laption to be published twice in the
Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, t{it .in ten (10)
days of the date of its passage.
PASSED AND APPROVED this the day of , 1499.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY +
APPROVED AS TO LEGAL FORM:
HERBERT L PROUTY, CITY ATTORNEY 1
BY:
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Exhibit A
TRACT 01
All that certain tot, tract or parcel of land lying end being situated in the County of Denton, Slate of Texas,
in the M. Scurlock Survey, Abstract Number 1141, the F, Garcia Survey, Abstract Number 602, the B.B.B.
S C.R.R. Survey, Abitred Number 191, the J, McGowan Survey, Abstract Number 798, the F. Oliver
Survey, Abstract Number 989, the J. H. Paine Survey, Abstract Humber 1617, and being more particularly
described as follows:
i
Commoncing from a point in Crawford Road, said pc!nl also being the Southeast comer of sa,J M,
Scurlock Survey and the southwest comer of the E. Plzono Survey, Abstract Number 994, Denton
County, Texas;
Thence NoAh 00 degrees 37 minutes 19 seconds East with the east line of Bald M. Scurlock Survey, and
the Woet line of said E. Pizano Survey, a distance of 30.00 feet to the POINT OF BEGINNING of the
herein described tract;
Thence North 89 degrees 61 minutes 20 seconds West along the North fine of Crawford Road and being
30 feet north of and parallel to the south line of sold M. Scurlock Survey, a distance of 3840.02 feel Ic a
point at the beginning of a curve to the left;
Thence with said curve to the left having a control angle of 89 degrees 29 minutes 38 seconds, a radius
of 2840.00 feel, to a point;
Thence West a distance of 1031,44 feet to n point for corner;
r
Thence North 00 degrees 00 minutes 41 seconds East a distance of 1084.92 feet to a point fer comer at
the beginning of a curve to the left;
I
Thence with sold curve to the left having a central angle of 64 degrees 20 minutes 48 seconds, a radius
of 2840.00 feet to a point for corner;
y Thence North a distance of 1141,19 feet to a point for corner at the beginning of a cure; to the left;
Thence with said curve to the left having a central angle o 12 degrees 10 minute 14 seconds, a radius of
2640 fro feet to a point for corner;
Thence North 89 degrees 61 minutes 41 seconds East with a North line of said 242681 acre tract a ri r
distance of 3017.94 feet to a point for caner; A~
Thence North 00 degrees 20 minutes 02 seconds West, a disco .Ca of 1708.41 feel to a point at tho
Southeast corner of East Ponder Esto!ea, an addition to Dentin Count', Texas, according to the plat
thereof recorded In Cabinet O, Page 387, of the Plat Records of Denton County, Texas;
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Thence North 00 degrees 21 minutes 15 seconds West with the east time of sold addition, a distance of
340429 feet to a point on the south line of H. Lively Road;
Thence North 09 degrees tit minutes 43 seconds East along the south line of H. Lively Road and being
10 feel south of and parenel to the North line of said J, McGowan Survey, a distance of 5100.31 feet to a
point for corner;
Thence Southerly, a distance of 6824.00 %.1 to a point for caner at the Southwest corner of the 0.
Pettingals Survey, Abstract Number 1041, and the Southeast comer of saki F. Garcia Survey;
Thence Easterly a distance of 1221.00 feet to a point for comer on the South tine of said 0. Pettingels
Survey at the Northeast owner of said M. Sourfock Survey and the Northwest corner of said E. Plzono
Survey;
Thence South 00 degrees 29 minutes 08 seconds East with the Cost line of sold M. Scurlock Survey and
the West line of sold E. Pizono Survey, a distance o(3074,89 feet to a point for comer,
1 hence South 00 degrees 37 minutes 19 secondit West with the East line of said M. Scurlock Survey and
the West line of sold E. Pizono Survey, a distance of 3315.00 feel to the POINT OF BEGINNING and
containing In oil 1,952 acres of land.
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Exhibit A
NIAP OF ANNEXATION TRACTS
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Exhibit B
DRAFT ANNEXATION SERVICE PLAN: TRACTS #1, #29 & #3
CASE NUMBER: A-80
AREA: 3,102 Acres
LOCATION: In the far southeastern section of the City of Denton ETJ, in the vicinity of
Crawford (toad, Interstate Highway 1.35W, and U.S. 377.
Municipal services to the site described above shall be furnished by or on behalf of the City of
Denton, Texas, at the following levels and in accordance with the following schedule:
A. Police Protection
In the short term, the Police Department can provide service to Tracts #I, #2, and #3 using
existing resources, resulting in response times consistent with other undeveloped perimeter
areas of the city. In the longer term, the Police Department estimates that service can be
provided within average response times for the City as a whole, 1vith the addition of 24
sworn and 8 non-sworn personnel. phased in proportion to population growth within the
annexed tracts.
B. Fire Protection and Emergency Atedical Services
Fire service will be available though existing facilities during the interim period when the
annexation tracts remain for the most part undeveloped. A new Fire Station #7 will be
needed in the future to provide service to the annexed tracts, to be located in the vicinity of
the 1.35W / F.M. 2449 intersection. The City of Denton Fire Department Five-Year Strategic
Plan is scheduled to be presented to City Council on March 30`h, 1999, The plan will provide
1 additional detail regarding proposed fire and emergency service delivery to all parts of the
city, including Tracts #I, #2. and #3.
i
C. Water / Waste-Aster Services
Current City of Denton CIP funding is programmed for the construction of a 20-inch water
line extension thai will reach the Hills of Argyle subdivision on U.S. 377. The line will be
extended further south to Tract #3 in a subsequent phase. Construction of these
irrprovcments will begin within 2 years and will be completed within 4Y, years,
Duwelopmcnt within Tract #3 is expected to run the line west to I.35W. The property owners
of Tracts # I and #2 will be expected to extend water lines from I.35W to deliver water for
development. Interim water service options are availaHc. i
Wiistcwatcr sen ice will be made available through either extensions from the HickoryCreek
intaccptor scwcr system or through on-site treatment plants that are owned, operated, and
maintained by the City of Dcnton. See Annexation Service Analyses for 1101,cr detail.
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D. Stormwater Dralaage Services
Drainage improvements will be made by property owners at the time of development
Maintenance will be the responsibility of the City of Denton, supported as a function of water
and wastewater fund transfers paid by rate payers.
E. Solid Waste Collection and Disposal
Solid waste service are available to 6e annexed tracts. Existing contracts between customers
and private waste haulers will not be disturbed. Equipment and personnel needed to serve
new development will be added in proportion to growth in the customer base.
F. Electric Utilities
Electric service will be made available upon request to all of the property within the areas
being annexed.
G. Parks and Recreation Services
Neighborhood parks will be provided as residential growth occurs, as per the City of Denton I
Park Dedication Ordinance. One community park will be needed in the longer term. The
community park and additional personnel will be funded as appropriate through city funds.
H. Streets and Roads
Crawford and Florenct Roads, located on the perimeter of Tract #1, will not be annexed, and
will remain the responsibility of Denton County. Johnson, John Paine, and Allred Roads in
Tract #3 will be upgraded by privt,,e d evelopment, and ultimately maintained by the C- y of
Denton, F.M. 1830 (Country Club Road) is a state facility and will be upgraded and
maintained by the Texas Dcpartmentof Transportation (TXDOT).
1. Building Inspections I Code Enforcement Services
Services are available now for the areas to be annexed. Additional personnel will be
dedicated to tiie areas to be annexed as dictated by growth.
I Library Services
The Library Master Plan will determine the appropriate method of service delivery for all
areas of the city, and is near completion. The plan will be presented to City Council in late
April 1999.
A,
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT
COMPRISING 125 ACRES, LOCATED ON THE WEST SIDE OF I.35W AND NORTH OF
CRAWFORr, ROAD; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN
EFFECTIVE DATE (A-81).
WHEF EAS, the City of Denton wishes to extend its City limits 1ne to include the 125
acre tract labeled as "Tray. N2", described in Exhibit At and
WHEREAS, public hearings were held in the Council Chambers on March 2Vx, 1999,
and March 3dh, 1999, to a!lo: ^!i interested persons to state their views and present evidence
bearing upon this annexation; and
WHEREAS, after a public hearing on April 10, 1999, the City of Denton Planning and
Zoning Commission recommended approval of the annexation by a veto of 4.1; and
WHEREAS, annexation proceedings were instituted for the property described herein by
the introduction of this ordinance at a meeting of the City Council on April 200'.1999; and
i
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton after annexation proceedings were instituted and 30 days prior to City
Council taking final action, as required by City Charter, and
WHEREAS, the City Council finds that the annexation will be in compliance with the
1999 Growth Management Strategy; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION L That the tract of land labeled as "Tract q2", described in Exhibit A,
attached hereto and incorporated by reference, is annexed to the City of Denton, Texas.
SECTION 11: That the service plan attached as Exhibit B, and incorporated by reference,
which provides for the extension of municipal services to the annexed pro!erty, is approved as
part of this ordinance.
SECTION III: The annexed property's temporarily classified as Agricultural (A) zoning
district classification and use designation.
SECTION IV: The City of Denton official zoning map is amended to show the I ~r
Agricultural (A) zoning district and use classification )f the properly annexed. A
SECTION V. Should any part of this ordinance be held illegal for any reason, the
holding shall not affect the remaining portion of this ordinance and the City Council hereby
declares it to be its purpose to anicx to the City of Denton all the real property descrilx d in
Exhibit A regardless of whether any other pan of the descdued property is hereby effectively
20
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annexed to the City. If any part of the real property annexed is already Included within the city
limits of the City of Denton or within the limits of any other city, town or village, or is not within i
the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory
i
annexed as fully as if the excluded area were not expressly described in this ordinance.
SECTION VI: That this ordinance shall become effective fourteen (14) days from the
date of its final passage and publication, and the City Secretary is hereby directed to cause the
entire ordinance to be published once and the descriptive caption to be published twice in the
Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10)
days of the date of its passage.
PASSED AND APPROVED this the day of _ 1999.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
i
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
v
BY:
21
Exhibit A
MAPyt Of ANNEXATION TRACTS
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EAIblt A
TRACT O
ALL that certain lot, tract or garret of land lying and being situated In the County of Denton, State of
Texas, in the E. Pizano Survey, Abstract Number 994 and bating more particularly described as follows:
COMMENCING at a point in the existing Dania i city limit line as established by annexation Ordinance
Number 74-30 (Tract 1), said point lying 577 feet west of the Intersection of the centerlines of Interstate
Highway 35 West and Crawford Road, said point also being SW feet northwesterly from and
perpendicular to the centeritne of Interstate Highway 35 West, said point also lying on the common
Apportionment Agreement line established on November 18"', 1969 between the City of Denton and the
Town of Argyle and recorded in Volume 716, Page 145 In the Deed Records of Denton County, Texas,
said point lying in the south tine of the E. Pizano Survey, Abstract Number 994 and the north tine of the
Petrick Rock Survey, Abstract Number 1063;
THENCE northeasterly along ft existing Denton city limit line (Ordinance Number 74.36(Tracl 1)),
parallel with and 500 feet perpendicular to the centerline of I.H. 35 West a distance of 28.85 feet to the
POINT OF BEGINNINI Bald point lying on the north right-of-way line of Crawford Road, 25 feet north of
the sold DentonlArgyiu agreement line;
THENCE North 89 degrees 32minules 57seconds West along the north tine of Crawford Road and being
25' north of and parallel to the said DentotVArgyle agreement line a distance of 5,119 feet to a point for
corner, said point lying on the west line of the said E. Pizano Survey, Abstract Number 994, same being
the east line of the M. Scurlock Survey, Abstract Number 1141;
i
THENCE North 00 degrees 04minutes 29 seconds West along the west line of the said E. Pizano Survey,
Abstract Number 994 cnd the east line of the M. Scurlock Sun ey, Abstract Number 1141, a distance of
1000 feet to a point for, *mer;
THENCE South 89degrees 32minules 57seconds East, 1000 feet north of and parallel to the north line of
Crawfurd Road, a distance of 5,751 feet to a point for corner, said point lying on the exlstkrg Denton city
limit line as established by annexation Ordinance Number 7436 (Tract I) and lying 500 feel northwesterly
from and perpen&ular to the centerline of Interstate Highway 35 West;
THENCE southwesterly along said existing Denton city limit line as e:;tablished by annexation Ordinance
Number 74.36 (Tract 1), 500 feet from and parallel to the centerline cf Interstate Highway 35 West a
distance of 1,178 feel to the POINT OF BEGINNING and containing 125 acres of land, more or less,
!1
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Exhibit B
DRAFT ANNEXATION SERVICE PLAN: TRACTS #1, #29 & #3
CASE NUMBER: A•80
AREA., 3,102 Arres
LOCATION: In the far southeastern section of the City of Denton ETI, in the vicinity of
Crawford Road, Interstate Highway 1•35W, and U.S. 377.
Municipal services to the site described above shall be furnished by or on behalf of the City of
Denton, Texas, at the following levels and in accordance with the following schedule:
A. Police Protection
In the short terns, the Police Denw4unent can provide service to Tracts #t, #2, and #3 using
existing resources, resulting in response times consistent with other undeveloped perimeter
areas of the city. In the longer term, the Police Department estimates that service can be
provided within average response times for the City as a whole, with the addition of 24
sworn and 8 non-sworn personnel, phased in proportion to population growth within the
annexed tracts.
B. Fire Protection and Emergency MedieLl Services
Fire service will be available though existing facilities during the interim period when the i
anrexation tracts remain for the most part undeveloped. A new Fire Station #7 will be
needed in the future to provide service to he annexed tracts, to be located in the vicinity of
the 1.35W I F.M. 2444 intersection. The City of Denton Fire Depatment Five-Year Strategic
Plan is scheduled to be presented to City Council on March 30'",1999. The plan will provide
aaditional detail regarding propose) fire and emergency service delivery to all parts of the
city, including Tracts #l, 42, and 03.
C. Water / Wastewater Servlcer
Current City of Denton CIP funding is programmed for the construction of a 20-inch water
line extension that will reach the hills of Argyle subdivision on U.S. 377. The line will be
extended further south to Tract #3 in a subsequent phase, Construction of these
improvements will begin within 2 years and will be completed within 4% years.
Dcveioprnent within Tract #3 is expected to run the line west to I-35W. The property owners ,
of Tracts #I and #2 will be expected to extend water lines from 1•35W to deliver water for A,
development. Interim water service options are available. ! 1
Wastewater service will be made available through either extensions from the Hickory Creck
interceptor sewer system or through on-site treatment plants that are owned, operated, and
maintained by the City of Denton. See Annexation Service Analyses for further detail.
24 i
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D. Stormwater Drainage Services
Drainage improvements will be made by property owners at the time of development.
Maintenance will be the msponsibility e f G,a City of Demon, supported as a function of water
and wastewater fund transfers paid by rate payers.
E. Solid Waste Collection and Disposal
Solid waste service are available to the annexed tracts. Existing contracts between customers
and private waste haulers will not be disturbed. Equipment and personnel needed to serve
new development will be added In proportion to growth in the customer base.
F. Electric Utilities
Electric service will be made available upon -equest to all of the property within the areas
being annexed.
C. Parks and Recreation Services
Veighborhood parks will be provided as residential growth occurs, as per the City of Denton
Park Dedication Ordinance, One community park will be needed in the longer ten n. The
community park and additional personnel will be funded as appropriate through city funds.
H. Streets and Roads
Crawford and Florence Roads, located on the perimeter of Tract q1, will not be annexed, and
will remain the responsibility of Denton County. Johnson, John Paine, and Allred Roads in
Tract 0 will be upgraded by private development, and ultimately maintained by the City of
Denton. F.M. 1930 (Country Club Road) is a stale facility and will be upgraded and
maintained by the Texas Department of Transportation (TXDOT).
1. Building Inspections I Code Enforcement Services
Services are available now for the areas lobe annexed. Additional personnel will be
dedicated to the areas to be annexed as dictated by growth.
J. Library Services
The Library Master Plan will determine the appropriate method of service delivery for all
areas of the city, and is near completion. The plan will he presented to City Council in late
A;ail 1999,
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4.
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT
COMPRISING 1,025 ACRES, LOCATED ON THE EAST SIDE OF INTERSTATE
HIGHWAY I-35W, NORTH OF CRAWFORD ROAD, AND WEST U.S. HIGHWAY 377;
PROVIDING A SEVERABILITY I_LAUSE AND PROVIDING AN EFFECTIVE DATE (A.
82).
WHEREAS, the City of Denton wishes to extend its City limits line to include the 1,025
acre tract labeled "Tract 0", as described in Exhibit A; and
WHEREAS, public hearings were held in the Council Chambers on March 20, 1999,
and March 301h, 1999, to allow all interested persons to state their views and presem evidence
beating upon his annexation; and
WHEREAS, after a public hearing on April 14`h 1999, the City of Denton Planning and
Zoning Commission recommended approval of the annexation by a vote of 4.2; and
WHEREAS, annexation proceedings were instituted for the property described herein by
the introduction of this ordinance at a meeting of the City Cou-tcil on April 20",1999-0 and
WHEREAS, this ordinance has been published in full one time in the official newspaper
of the City of Denton after annexation proceedings were instituted and 30 days prior to City
Council taking final action, as required by City Charter; and
WHEREAS, the City Council finds that the Ennexati0n will be in compliance with the
1999 Growth Management Strategy; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DE14TON HEREBY ORDAINS:
SECTION l: That the tract of land labeled "Tract 0", described in Exhibit A, attached
hereto and incorporated by reference, is annexed to the City of Denton, Texas.
SECTION ll: That the service plan attached it Exhibit B, and incorporated by reference,
which proridca for the extension of municipal serviccs to the annexed property, is approved as
part of this ordinance.
i
SECT NIllo The annexed property is temporarily classified as Agricultural (A) zoning
district classification and use designation.
SECTION IV: The City of Dentoa official zoning map is amended to show the
Agricultural (A) zoning district and use classification of the property annexed.
SECTION V: Should any part of this ordinance be held illegal for any reason, the
holding shall not affect the remaining portion of this ordinance and the City Council hereby
declures it to be its purpose to annex to the City of Denton all the real property described in
26
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Exhibit A regardless of whether any other part of the described property is hereby;effcctively
annexed to the City. If any part of the real property annexed is already included within the city
limits of the City of Denton or within the limits of any other city, town or village, or is not within
the City of Denton 's jurisdiction to annex the same is hereby excluded from the territory
annexed as fully as if the excluded area were not expressly described in this ordinance.
SECTION VI: That this ordinance shall become effective fourteen (14) days from the
date of its final passage and publication, and the City Secretary is hereby directed to cause the
entire ordinance to be published once and the descriptive caption to be published twice +n the
Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10)
days of the date of its passage.
PASSED AND APPROVED this the day of , 1999.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
E
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
r
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Exhibi. A regardless of whether any other part of the described property is hereby effectively
annexed to the City. if any part of the real property annexed is already included within the city
limits of the City of Denton or within the limit, of any other city, town or village, or is not within
the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory
annexed as fully as if the excluded area were not expressly described in this ordinance.
SECTION VI: That this ordinance shall become effective fourteen (14) days from the
date of its final passage and publication, and the City Secretary is hemby directed to cause the
entire ordinance to be published once and the descriptive caption to lx published twice in the
Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10)
days of the date of its passage.
PASSED AND APPROVED this the day of .1999.
I
JACK MILLER, MAYOR
ATTEST:
JENNIFER WAITERS, CITY SECRETARY
i
BY:
iI
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY;
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Exhibit A
I
IBACL# ,
COMMENCING at a point In the existing Denton city limit line AS established by annexation Ordinance
74-36 (Tract 1), said point lying 577 feet east of the Intersection of the centerlines of Interstate High*ey 35
West and Crawford Road, said point also being 600 feel southeasterly from and perpendicular to the
centerline of Interstate Highway 35 West, said point Also tying on the common Apportionment Agreement
line established on November 18'", 1969 between the City of Denton and the Town of Argyle and
recorded In Volume 716, Page 145 in the Deed Records of Denton County, Texas, said point y:ng in the
south line of the E. Pizeno Survey, Abstract Number 994 and the north line of the Patrick Rock Survey,
Abstract Number 1063; 1
THENCE North 29 degrees 55minutes 61seconds East along the existing Denton city limit line
(Ordinance 74.36(Tract 1)), parallel with and 600 feet perpendicular to the centerine of I H, 35 West a
distance of 28.83 feet to the POINT OF BEGINNING, said point ying on the north right-0f-way tine of
Crawford Road, 25 feet north of the said C3ntonlArgy1e agreement line;
THENCE In an easterly direction along the north line of Crawford Road most of the way and being 25'
north of and parallel to the said DentonrArgyle agreement line a distance of 3,373 feet to a point for
corner, said point lying 25 feet west of the said Denton/Argyle agreement line and said point tying on the j
west right-of-way tine of John Paine Road;
THENCE In a northerly direction along the wos; f fight-of-way line of John Paine Road, 25 feet west of and
parallel to said Denton/Argyle agreement line a distance of 767 Net to a point for comer;
THENCE South 88 degrees 30 minutes East passing at 25 feet the east line of the B B.B.& C.R.R.
Survey, Abstract Number 158, same being illy, northwest corner of the Witham Gazaway Survsy, Abstract
Number 480, same being the southwest corner of the Mary Smith Survey, Abstract Number 1181, same
being a common corner along the said Denton/Argyle agreement line, and passing at 2,641 feet the
northeast corner of the said William Gazaway Survey, Abstract Number 480 same being the southeast
corner of said Mary Smith Survey, Abstract Number 1181 some being the vest line of the S. Graham
Survey, Abstract Number 468 and contin:11ng along said agreement lino a total distance of 4,666 feel `o a
point In the centerline of the Union Pacific Railroad (formerly the Texas & Pacific Railway) for corner;
THENCE North 27 degrees 15 minutes East with the centerline of the Union Pacific Railroad and along
the said Denton/Argyle agreement line a distance 250 feet, mere or less, to a point for comer, said p,Int
lying on a southerly line of the existing Denton city limits as established by Ordinance 69.40 (Tract III I;
THENCE westerly along said existing Denton city limits line as established by Ordinance 6940 (Tra 1111),
departing the said Denlon*gyle agreement line, a distance of 430 feet to a point for comer, said pe nt t,
lying 500 feet northwesterly of and perpendicular to the centerline of U.S. Highway 377 (Fort Worth
Drive);
THENCE North 27 degrees 26 minutes East parnilet with and perpendicular to the centerline of U,S
Highway 377 (Fort Worth Drive) along the existing Denton city lirr:its :fine as established by Ordinary it 69-
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40 {Tract III) a distance of 2,370 feel to a point for comer, said point fylng in the east line of the William
Smith Survey, Abstract Number 1187 and In the weal line of the Wiliam Hudson Survey, Abstract Number
586, said point being In the most westerly northwest owner of a called 28.67 acre tract dieannoxed by the
City of Denton on August 19, 1980 by Ordinance 80.61;
THENCE South along the western line of said disennexatlon tract (Ordinance 80.61) a distance of 722.24
feet to a point for corner;
THENCE North 28 degrees 05 minutes East along the east boundary line of a tract called 'Third Tract
conveyed from E.O. Massey and wife, Ada 0. Massey to William T, Smith and wife, Nona Smith by deed
dated May 28, 1940 and recorded in Volume 284, Page 187 of the Deed Records of Denton County,
Texas, same being a boundary line of the 28.67 acre disannexed tract, passing at 1,495.50 feet the
northeast corner of said `Third Tract" same being the southeast corner of a caned "Second Tract also
conveyed from Massey to Smith In the above mentioned Instrument and continulnq a total distance of
3,38850 feel to a point for caner, said point being the southeast comer of a tract of land conveyed from
John W. Hooser to the Texas d Pacific Railway Company by deed dated February 23, 1929 and recorded
in Volume 222, Page 555 of the Deed Records of Denton County, Texas;
THENCE North 618 559 West along the south line of said Texas 6 Pacific Rallway Company tad, same
being a boundary line of the 28.67 acre disannexed tad, a distance of 50 feet to a point for corner, said
point being the soulhwosl corner of said Texas l4 Pacific Railway Company tract;
THENCE North 28 degrees 05 minutes East along the west boundary line of said Texas 3 Pacific Railway
Company tract, same being a boundary line of the 28.61 acre disannexed tract, a distance of 785.04 feet
to a point for comer, said point being the northwest corner of the said Texas d Pacific Railway Company
tract and being a point on the north line of the sold Massey to Smith "Second Trect;
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THENCE South 89 degrees 45 minutes West along the north line of the said Massey to Smith "Second
Tract", same being a boundary line of the 28.67 acre disannoxed tech, a distance of 329.47 feet to a point
for comer, said point being 500 feet nwthwesterty of and perpendicular to the centerline of U.S. Highway
377 (Fort Worth Drive) and being the most northerly northwest comer of the called 28.87 acre
disannexation tract (City of Denton Ordinance 80-61) and being a point on the existing Donlon city limn
line established by Ordinance 69.40 (Tract III), said point also lying on the north tine of the H. Haygood
Survey. Abstract Number 511 and The south line of the B.B Bud CA R. Company Survey, Abstract
Number 160;
THENCE North 27 degrees 28 minutes East 500 feet northwesterly of and perpendicular to the centerline
of U.S. Highway 371 (Fort Worth Drive) and along the existing Denton city limit line as established by
Ordinance 69-40 (Tract 111) a distance of 2,250 feel to a point for comer, said point being at an I
Intersection of the Cdy of Denton annexation tact lines of Ordinance 6940 (Tract 111) end of Ordinance v 1 tr, ; t
91-033 {Tract 1) and also being a point In Allred Road;
THENCE North 89 degrees 27 minutes 39 seconds West along the existing Donlon city timits line
established by Ordinance 91.033 (Tract 1) and along Allred Road a distance of 3,639.61 feet to a point for
corner;
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THENCE North 89 degrees 41 minutes 30 seconds West along the existing Denton cif), limits line
established by Ord!„ ,ace 91-033 (Tract 1) and along Allred Road a distance of 2,122.09 feet to a point for
comer;
THENCE South 008 069 520 West along the existing Denton city limits line established by Ordinance 91-
033 (Tract 1) a distance of 2,839J7 feel to a point for comer, said point lying In Johnson Lane;
THENCE North 89 degrees 27 minutes 34 seconds West along the existing Denton city limits line
established by Ordinance 91-033 (Tract 1) a distance of 2,35307 fee! to a point for corner, sold point
being the northeast corner of the B.B.B. d C.R.R Company Survey, Abstract Number 158, said point also
being the northwest corner of the William Smith Survey, Abstract Number 1182 and also being at the
intersection of Johnson Lane and Paine Road;
THENCE South 00degress 02 minutes 39 secatds West along the existing Denton city limits line
established by Ordinance 91-033 (Tray' t)and along the east line of the said B.B.B. d C.R.R, Company
Survey, Abstract Number 158 a distance of 3,848,27 feet to a point for corner;
THENCE North 89 degrees 32 minute 20 seconds West along the existing Denton city limits line
established by Ordinance 91.033 (Tract t) a distance of 2,29014 feet to a point for comer;
THENCE North 00 d%rees 58 minutes 25 seconds East along the existing Denton city limits tine
established by Ordinance 91-033 (Traci 1) a distance of 300 feet to a point for comer, said point being at
an Intersection of the My of Denton annexation tract lines of Ordinance 74.36 (Tract 1) and of Ordinance
91033 (Tract I), said point also lying 500 feel southwesterly of and perpendicular to the centerline H
Interstate Highway 35 West;
THENCE South 29 degrees 55 minutes 51 seconds West, 600 feet southwesterly of and parat'•' to the
centerline if Interstate Highway 35 West and along the existing Denton city limits line established by
Ordinance 74.36 (Tract 1), a distance of 1,445 feet to a point for corner, said point lying at an Intersection
of the City or Denton annexation tract lines of Ordinance 7436 (Tract 1) and 01`0rdinance 91-033 (Tract
I
THENCE South 00 degrees 03 minutes 00 seconds East along the east line of said City of Denton
annexation tract (Ordinance 91-033 (Tract It)) a diets me of 60 feel to a point for corner;
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THENCE North 87 degrees 13 minutes 13 seconds West along the south line of said City or Denton
annexation tract (Ordinance 91.033 (Tract ll)) a distance of 30 feet to a point fof corner, sold point also
lying 500 feet eouthwestedy of and perpendicular to the canted Ina 9 Interstate Highway 35 West and also
lying at an Intersectiun of the City of Donlon annexation tract tines of Ordinance 91-033 (Tract 11) and of
Ordinance 74.38 (Tract 1);
THENCE South 29 degrees 55 minutes West 500 feel southwesterly of and parallel to the een!edine If
Interstate Highway 35 West and along the existing Denton city limits line established by Ordinance 74.36
(Tract 1) a distance of 720 feel to the POINT OF BEGINNING and containing 1,025 Baas of land, more or
less,
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Exhibit A
DIAY OF ANNEXATION TRACTS
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Exhibit B
DRAFT ANNEXATION SERVICE PLAN: TRACTS #1, #Z, & #3 j
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CASE NUMBER: A-80
AREA: 3,102 Acres j
LOCATION: In the far southeastern section of the City of Denton ETf, in the vicinity of
Crawford Road, Interstate Highway 1.35W, and U.S. 377.
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Municipal services to the site described above shall be 'hmished by or on behalf of the City of
Denton, Texas, at the following levels and in accordance with the following schedule,
A. Police Protection
In the short term, the Police Department can provide service to Tracts #1, #2, and #3 using
existing resources, resulting in response times consistent with other undeveloped perimeter
areas of the city. In the longer term, the Police Department estimates that service can be
provided within average response times for the City as a whole, with the addition of 24
sworn and 8 non-sworn personnel, phased in proportion to population growth within the
annexed tracts.
B. Fire Protection and Emergency Medical Services
Fire service will be available though existing facilities during the interim period when the
annexation tracts remain for the most part undeveloped, Anew Fire Station #7 will be
needed in the future to provide service to the annexed tracts, to be located in the vicinity of
the 1.35W I F.M.1449 intersection. The City of Denton Fire Department Five-Year Strategic
Plan is scheduled to be presented to City Council on March 30`h, 1999. The plan will provide
additional detail regarding proposed fire and emergency service delivery to all parts of the
etly, including Tracts #1, 02, and #3.
C. Water' Wastewater Services
Current City of Denton CIP funding is programmed for the construction of a 20-inch water
line extension that will reach the }tills of Argyle subdivision on U.S. 377. The line will be
extended further south to Tract #3 in a subsequent phase. Construction of these
improvements will begin within 2 years and will be completed within 4'h years.
Development within Tract #3 is expected to run the line west to 1-35W. The property owners i
of Tracts k t and #1 will be expected to extend water lines from 1-35W to deliver water for t r
development. Interim water service options are available.
Wastewaler service will bo made available through either extensions from the Hickory Creek
interceptor sewer system or through on-site treatment plants that are owned, operated, and
maintained by the City of Denton. See Annexation Service Analyses for further detail.
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D. Stormwater Drainage Services
Drainage Improvements will be made by property owners at the time of development.
Maintenance will be the responsibility of the city of Denton, supported as a function of water
and wastewater ,Sind transfers paid by rate payers.
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E. Solid Waste Collection and Disposal
Solid waste service are available to the annexed tracts. Existing contracts between customers
and private waste haulers will not be disturbed. Equipment and personnel needed to serve
new development will be added in proportion to growth in the customer base.
F. Electric Utilities
Electric iervice will be made available upon request to all of the property within the areas
being ann:xed.
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C. Parks and Recreation Services
Neighborhood parks will be provided as residential growth occurs, as per the City of Ucnton
Park Dedication Ordinance. One community park will be needed in the longer term. The
community park and additional personnel will be funded as appropriate through city finds.
H. Streets and Roads
Crawford and Florence Roads, located on the perimeter of Tract #I, will not be annexed, and
will remain the responsibility of Denton County. Johnson, John Paine, and Allred Roads In
Tract 03 will be upgraded by private development, and ultimately maintained by the City of
Denton. F.M. 1830 (Country Club Road) is a state facility and will be upgraded and
maintained by the Texas Department of Transportation (TXDOT).
1. Building Inspections I Code Enforcement Services
Services are available now for the areas to be annexed. Additional personnel will be j
dedicated to the areas to be annexed as dictated by growth.
J. Library Services
The Library Master Plan will determine the apps opriate method of service delivery for all
areas of the city, and is near completion. The plan will be presented to City Council in Irto
April 1999.
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AGENDA INFORMATION SHEEP 04V48W
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AGENDA DATE: April 20,1999 f
DEPARTMENT: Planning Department I4
Cb1lDCbi/ACM: Rick Svchla, 349.771S
SUBJECT-A-79: Jhistle!fills)
Consider adopting an ordinance annexing a 52.49 acre tract located on the south side of Ryan
Road, one hundred and fifty (150) feat east of Forestridge Dive; approving a service plan for the
annexed property; wablishing a Single-family 16 (SF-16) zoning district on the northern twenty-
one (20.98) acres and a Single-family 10 (SF-10) zoning district on the remaining thirty-one and
a half (31,51) acres of the annexed property; providing a severability clause and an effective
date. First reading of ordinance, A-79. (Planning and Zoning Commission recommends
approval.)
BACKGROUNb
Ryan Road Enterprises is proposing to develop the subject property as a single-11aunily residential
subdivision. At present, it is located in the Extra-territorial jurisdiction (ETJ) of the City of
Denton, providing the City of Denton with subdivision regula'ion of the dcvclopment. The
developer is proceeding with subdivision procedures. The Planning and Zoning Commission
approved a preliminary plat for Thistle Hill Estates Addition, providing for one hundred and
twenty-nine (129) lots, on December 18, 1998 (see Attachment 7). The proposed subdivision
design provides lots that conform to he minimum lot area requirements of Single-family 10 (SF-
10) and Single-family 16 (SF-16) zoning districts. The developer wishes to zone the northern
twenty-one (20.98) acres SF-16 and the remaining thirty-one and a half (31,51) acres SF-10
concurrent with the annexation. The final plat is under review by the Development Review
Committee.
The development of Thistle Hill Estates subdivision will require several public improvements:
1. Right-of-way dedication along Ryan Road and proposed collector street, Watt Way.
2, Left-tum and right-turn lanes on Ryan Road.
3. Participation in traffic signal at Ryan Road and Teasley Lane.
4. Construction of internal streets,
5. Sidewalks along all public streets, including Ryan Road and proposed collector.
6. ExtLnsion of water and sewer lines.
7. Stormwalerdrainay improvements.
S. trstdllation o,' fire hydrants.
9. Dedication of p iulic utility easements.
The dcvclopment is subject to the Park Dedication Ordinance (Ord. 98-039). A fce in lieu of
dedication will be required for the subject property, equal to the pre-development value of 0.903
acres of the tract, during the plaiting process. The developer Is required to pay the fees at time of
release of the fin:u 1.:A, Park development fees will be collected during the building permit stage
equal to $291 pcr lot. I r the residential subdivision were completely built-out as proposed, total
fees for park dcvelopment would equal 537,539 ( 29 single-family lots x $291 per lot).
1.
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In accordance with the City's annexation policy plan, approved in June of 1993, the City will I
"assess on a case by case basis the annexation of areas in the ETJ when significant developments
are proposed." S!aff has conducted a preliminary annexation assessment of the proposed
annexation in accordance with policy guidelines.
An Annexation Study and Service Plan have been prepared for Council and public review during
the annexation process (see Attachments 9 and 10). The capacity of infrastructure such as water,
wastewater, streets and electric service and services such as police, fire, recreation, and general
government are evaluated with respect to the proposed annexation (see Attachment 11).
This is the first reading of the ordinance to annex the subject property. The schedule for
public hearings is consistent with the requirements of State law (see Attachment 8).
RECOMMENDATION
A public hearing before the Planning and Zoning Commission was held on February 24, 1999, at
which a recommendation for approval (6-0, Carol Ann Ganzer absent) was received for both the
annexation and concurrent zoning request for Single-family 16 (SF-16) on the northern twenty-
one (20.98) acres and Single-family 10 (SF-10) zoning district on the remaining thirty-one and a
half (31.31) acres (see Attachments 12 and 13).
PRIOR ACTION/REVIEW (Council. Boards. Commissions)
February 9, 1999 - City Council approved the original annexation schedule for Thistle Hills. A
revised schedule (see Attachment 8) was developed when the original schedule was not followed
due to a staff error.
February 16. 1999 - City Council conducted %bat was originally scheduled as the first of two
required public hearings concerning the proposed Thistle Hill annexation. However, the second
public hearing was not held as scheduled, causing the public hearing process to begin son. '
February 24, 1999 - Planning and Zoning Commission recommended approval (6-0) of both the
annexation and concurrent zoning request for Single-family 16 (SF-16) and Single-family 10
(SF-10) zoning districts (see Attachments 12 and 13).
March 23, 1999 - City Council conducted the first of two public hearings concerning the
proposed Thistle Hill annexation.
March 30, 1999 - City Council conducted the second of two public hearings concerning the
proposed Thistle Hill annexation,
FISCAL INFORMATION
Non- at this time.
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ATTACHMENTS
1. Location Map!
2. Vicinity Map
3. Zoning Map
4. Utilities Map
S. 200 - $00 Foot Notice Map
6. Denton Mobility Plan Map
7. Site Plan (Thistle Bill Estates Addition)
8. 4nnexation Schedule
9. Annexation Study($ pages)
10. Service Plan (S pages)
11. Service Analysis (8 pages)
12. Planning and Zoning Commission Staff Report for Z-98-0581 A•79 (without Enclosures),
February 24,1999
13. Plannin; and Zoning Cormmission Minutes, February 24,1999.
III 14, Drag Ordinance
Respectfully submits
Da rll
Director of Planning and Development
Prepared bye
a e eed
Plaane ll
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ATTACHMENT 1
A•79 (THISTLE HILL ESTATES) NORTH
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4 LOCATION MAP
Agenda Date; March 30o lM ' $calo: None
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ATTACHMENT 2
A-79 (THISTLE HILL ESTATES) NORTH `
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VICINITY MAP
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Agenda Data: March 30,1999 $ealo: None
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ATTACNHENT 3
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NORTH
A-79 (THISTLE HILL ESTATES)
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ZONING MAP
Agenda Dote: March 30, 1999 Sala: Nona
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ATTACHMENT4
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A-79 (THISTLE HILL ESTATES) NORTH
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EXISTING UTILITIES MAP
• Hydrants
. • - - Water Line (W. L.) r `
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Agenda Date: March 30,099 Scale: None
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ATTACHMENT 5
A-79 (THISTLE HILL ESTATES) NORTH
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200-500 FOOT NOTICE MAP
Agenda Date: March 30, 009 $eelc None
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ATTACHMENT b
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A479 (THISTLE HILL ESTATES) NORTH
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DENTON MOBILITY PLAN . MAP
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Agenda Data: March 30,1999 male: None
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ATTACHMENT 7
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ATTACHMENT 8
VOLUNTARY ANNEXATION SCHEDULE: THISTLE HILLS
Atwmd Meek 1741 JDD9
Sunday, Feb. 1141h Notice published In Denton Record-Chronlcle for P&Z publlo7
hearing,'
Wednesday, Feb. 241' Planning and Zoning Commission holds a public hearing and r
considers making a recommendation to the City Council regarding
the proposed annexation and the proposed zoning.
• Public notice must be no less then 10 days before public
hearing.
Saturday, March 131' Notice published In Denton Record-Chronicle for first City Council
public hearing.
Mor,day, March 151i Notice published In Denton Record-Chronlde for second City
Council public hearing.
Tuesday, March 23rd City Council conducts fi t aublic hearing.
• Publlo notice must be no less than 10 days and no more then
20 days before public hearing.
o Annexallon Study prepared and avaliable for public review.
a SeMce Pteri prepared and ave. able for public review.
Tuesday, March 301i City Council conducts second oubiio haarlno,
s Public notice must be no lose than 10 days and no nxore than
20 days before public hearing.
s Special Celled Meeting
Tuesday, April 2011 City Council by a four-fifths vote Institutes annexation
proceedings, First reading of annexation ordinance.
• Action must be more than 20 days after the second public
hearing but less than 40 days from the first public hearing.
Saturday, April 241 Publication of annexation ordinance In Denton Reoord-Chronlcle.
Tuesday, May 251i City Council by a four-fifths wte takes final action.
Sound reading and adapyQn of the annexation ordinance, City
Council considers approval of zoning request.
s Council action must be more than 30 days after publication of
ordinance and loss then 80 days after council Institutes +
annexation proceedings.
a Special Called Molting (scheduled Work Session) l '
A•fY dro,ea edn~ kAadrf~ 1.1 f-D9.dne 1 l ,
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ATTACHMENT 9
ANNEXATION STUDY
(A-79)
Thistle Hill Estates
Owner Information: Ryan Road Enterprises
Charles Stafford and Debbie Johnson
It 72 Bent Oaks
Denton, TX 76205
Developer Information: Ryan Road Enterprises
1172 Bent Oaks
Denton, TX 76205
Location and Size: On the south side of Ryan Road, approximately one
hundred and fifty (150) feet teal of Forestridge Drive,
Existing Land Use: Undeveloped
Surrounding Land User West: Undeveloped
Cut: Undeveloped
North: Singlednmily subdivision
South: Undeveloped
Proposed Development: A one hundred and twenty-nine (129) residential lot
subdivision with Single-Family 10 (SF-10) and Single.
Family 16 (SF-16) zoning districts (see Attachment 5).
The SF-16 zoning district area, covering the northem
twenty-one (20.98) acres adjacent to Ryan Road, would
contain Orly-six, (36) lots. The remaining thirty-one and a
half (31,51) acres In the SF-10 zoning district would be
subdivided into r:laety-three (93) lots.
Analysist
It Is the is the general policy of the City of Denton to uaese on a case-by-case bests the annexation of
areas in the ETJ when ilgnificant developments are proposed, occurring, or likely to occurin the
near future.
The following are guidelines for determining when an annexation study should be considered:
(t) Single family developments over five acres; or
(2) Multl•family, industrial or commercial development over one acre; or
(3) Any area where the density exceeds 500 units per square mile; or i '
(4) Any development or area that might hive a significant Impact upon the city, including ,"t .
but not limited to service coats, Increased traffic, drainage Impact, utility needs or
utilization, safety or health hazards.
~ A•'OArtnt+r8'M Smdr /a12,
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ANNEXATION STUDY 111
(A-79)
Thistle Hill Estates
Guidelines for scope of sludyt
In studying the questions of whether or not an area should be azw e.xed, the following crit`eria'
sball be considered:
(1) The ability of the city to furnish normal city services equal to other comparable areas
Inside the city limits.
(A) Streets and Roar, The existing road in the area, Ryut Road, will need paving
improvements. The Long Range Mobility Plan Identifies Ryan Road as a secondary
rsnjor aderlal and calls for a collector on the southern boundary of the proposed
development.
(B) Waterl;Ymtewater Services: Water and sewer service in the area will need to be
extended, at the developer's expense, along Ryan Road. The subdivision will tie into
an existing twelve (12) Inch waterline located on Ryan Road at the Intersection with
Forestridge Drive and Into an existing eight (8) inch gravity sanitary sewer that runs
down Ryan Road across the entire frontage of the subject tract, This sewer line is
connected to the Granada lift station.
(C) Electric Distribution: Electric distribution is capable of providing service to the area.
(D) Solid Waste Collection and Disposal: The city currently provides solid waste services
in the Immediate area. Any development In this area will result In an increased demand
for services. Additional personnel and equipment will be neommry to provide service
to significant development In the area,
(E) Pollee Senices: Any future development of the property will result In Increased
demand for police services in the area. The area surrounding this property Is already
within the city, Response time to the subject property would be comparable to that of
surrounding property in the city, No additional personnel and equipment will be
necessary to provide service to the subject development,
(F) Fire Protection and Emergency Medical Services (EMS): Any futurb development of
the property will result in increased demand for fire protection and EMS services in the
- area, The primary fire station to service the proposed subdivision will be Fire Station #
G located near the Intersection of Teasley Lane and Lillian Miller Parkway. Existing
personnel and equipment can adequately serve the proposed subdivision.
(0) Parks and Recreallon Services: No parks or facilities are currently adjacent to this
property. The South Lake Park Is locs1A approximately one mite north at the
Forestridge Drive and Hobson Road Intersection. In addition, a twenty-five (25) acre
park Is pending dedication in the River Oaks Subdivision; this park would be located to
the south of Tlilsrle 11111 Estates, approximately three (3) miles by way of Ryan Road to i
Teasley Lane to Ilickory Creek.Road. Participation in the development of
neighborhood parks will be required as development occurs. Additional commw. ty l l
facilities community and regional facilities may be necessary to provide service to the
residents of the area If significant development in the area occum.
A10.1aw~ur7MSrtrA,~.Aw13.
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ANNEXATION STUDY
e
(A•79)
Thistle Hill Estates
(H) Library Services: Existing facilities cannot meet proposed annexation. Expansion
requirements cannot be determined until the forthcoming Library Moister Plan Study 1s'
completed; the results of which are anticipated in Match of 1999.
Rj Code Enforcement, Building Inspections and Consurrner Health Services: Annexation
will trigger additional case work for the Code Enforcement, Building Inspections, and
Consumer Health divisions. At present, there Is no excess capacity in any of r} •se
divisions. All of these divisions arc operated as enterprise funds.
(J) Planning and Development Services: Zoning activity will trigger additional case work
for the Planning and Development department. Presently, staff reviews all platting
activity within Division I of the City's ETf, wherein this property Is located. Thus,
other than the initial zoning and the possibility of future variances, little additional
work will be placed upon staff by this properly.
(K) Miscellaneous: Any future development of the property will result in Increased
demand for general government services in the area. Additional personnel and
facilities may be necessary to provide services to significant development in the area.
(L) Capital Improvements Program (C[P): The CIP of the city is prioritized according to
the following guidelines: (1) Provision of Capital Improvements as compared to other
areas will be based on characteristics of topography, land utilization, population
density, magnitude of problet,.s as related to comparable areas, established technical
standards and professional studies. (2) The overall cost effectiveness of providing a
specific facility or Improvement. The annexed area will be considered for public
improvements In the upcoming CiP. This property will be considered according to the
established guidelines.
(3) The rellablllly, capacity and future public cost, If any, of current and planned
provisions for community facilities such as roads, drainage, utilities, etc.
(A) Streets and Roads: The property's access will be via Ryan Road. The city's mobility
plan identifies this road as a secondary major arterial street. Several transportation
improvements will the responsibility of the developr a right-of-way dedication along
Ryan Road and proposed collector street, Watt Way; left-turn and right-turn lanes on
Ryan Road; participation In traffic signal at Ryan Road and Teasley Lane; construction
of Internal streets; and sidewalks along all public streets, including Ryan Road and
Watt Way. There may be long term costs to the city to provide necessary upgrades and
Improvements to Ryan Road and the proposed collector.
(B) Water/Wasiewater Services: Water distribution and wastewater collection systems are
in proximity to the property. Water and Wastewater treatment facilities have capacity.
Both are "Enterprise Funds" so that.any necessary improvements will not Impact the -4,
general fund. Recently epproved Impact fees are deposited into the Enterprise Fund.
Extension of service tines to and within the property will be the responsibility of the
developer.
.t•.'D.~n~r~or7r.n JnrAr d`*' 14.
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1
ANNEXATION STUDY
4
(A-'19)
Thistle Hill Estates
(C) Electric Distribution: Facilities to provide electric service to the property may be
m:eessary. Again, the electric utility Is an 'Enterprise Fund" so that any necessary '
Improvements will not Impact the general fund. Service connections will be the
responsibility of the developer.
(D) Solid Water Collection and Disposal: Equipment to provide services to the property
will be necessary when fully developed. The solid waste utility is also an Enterprise
Fund.
(E) Police, Fire and Emergency Medical Services: These departments are driven by
response time. As additional development in this area occurs, more personnel and
equipment may be necessary to maintain current response times. Fire Station 06 is
approximately two miles from this property.
(F) Parks and Recreation, Libraty and General Government Services: The demand for
these services is a function of residential population. Additional development will
result in more residents, weating more demand for facilities and services In the city,
(3) The need and quality of land use and building controls. Private eoch*ils will be
considered.
This property is adjacent to a Single Family 16 (SF.16) district, which Is located just to the
north on the other side of Ryan Road. Control of the qurtity of land and building
development will be required to protect property values, ensure land use compstiWity and
control density.
(4) Impact on The City, both current and long range, Including at a minimum:
(A) Fiscal Cost and Benef ts: The proposed development plan indicates that the residential
development will have a gross density of 2.46 units per acre with significant public
benefits, including the construction u.1 s collector on the south side of the subject tract,
(13) Traffic: Ryan Road will be the primary access point for this development until other
development occurs to complete the construction of the alternative collector streets that
will disperse traffic In other directions.
(C) Infrastructure near Roads, Utilities and Other Communlty Facilities: Water
distribution and wastewater collection systems must be extended at the developer's
expense. Both systems are currently adjacent to the property. Electric service can be
provided. Ryan Road must be enhanced In the near future. Other community facilities
may be necessary if significant development occurs rapidly.
(D) Safety and lleaftht The proximity of this property to fire station 06 will provide t
adequate response times for fire and emergency services. The area is already within the
police service area. Significant additional development may require additional
equipment and personnel to provide adequate response times.
.t• fY .f nr~'a orlon ru~ly dnr t 5 ,
11
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ANNEXATION STUDY
(A-79)
Thbtle HUI Mutes l
(E) Building or Development Quality. The property is not currently zoned. The developer
is petitioning that it be zoned Single-family 16 (SF•16) on the northern twenty-Ue '
(20.98) acres and Single-family 10 (SP-10) on the remaining thirty-one wd t half
(31.51) atm. The Planning and Zoning Commiuton recently approved a preliminary
plat with one hundred and twenty-nine (129) lots that oonform to the minimum lot size
restrictions of these Fro zoning districts (see Attachment 5).
(F) Aesthctlc Quality: The City's landscape ordinance and sign ordinance would apply to
this new development If Incorporated Into the City of Denton. At present, the Thletle
Hills property is not subject to these regulations.
(0) Community Character, The existing predominant character in the area Is single family
residential development. The only 0scomt residential subdivision is the Forestridge.
It Is classified as a Single-family 16 (817-16) zoning district Thin new development
will match the existing character of this subdivision on the north end Ascent to Ryan
Road.
(5) Conformance Y,Ith or need to ensure conformance with the oMclaUy adopted matter
plans of the city.
The 1988 Denton Development Plat Identifies this am m a "Low Intensity Area". The low
Intensity designation Is the lean intense developr' district in'the city. Resldentiat
development of this property with appropriate a aborhood-oriented 'mixed use 'can
conform to the low intensity development standard.
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A1).lnnneikwi4ldy.Ax 1.6~
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ATTACHMcNT 10
a
ANNEXATION SERVICE PLAN
CASE NUMBER: A•79 (Thistle Hill Estates)
AREA: 52,49 acres
LOCATION: On the south side of Ryan Road, one hundred and fifty (150) feet cast of
Forestridge Road in Denton's extraterritorial Jurisdiction (ETJ).
'
Municipal services to the silo described above shall be furnished by or on behalf of the City of
Denton, Texas, at the following levels and ill accordance with the following schedule:
A. Police Protection
I. Police service, including patrolling, response to calls, and other routine functions, will
be provided to the property on the ell'cctive dale of the annexation using existing
personnel and equipment.
2. As development and construction commence within this area, sufficient police personnel
and equipment will be extended to serve this area by any of the methods used to serve
comparable areas within the municipality (consistent with the characteristics of the
topography, land uses and population densities) within four and a half (4 l/,) years a'ler
the effective date of the annexation, or upon commencement of development within the
area, whichever occurs first.
3. Upon ultimate development of the area, the same level of police service will be provided
to this area as is famished to comparable areas within the municipality. As of this
annexation request, the average response time In the municipality Is 10 minutes for
priority calls and 22 minutes for non•priorily. The City's estimated average response
times for this area are 9.52 minutes and 20.35 minutes, respectfully,
i
H. Fire Protection
1, Fire protection (within the limits of existing hydrants) and emergency medical services
will be provided to the property on the effective date of the artnexation using existing
personnel and equipment.
2. As development and construction commence within this men, sufficient fire and
emergency medical service personnel and equipment will be extended to serve this area
by any of the methods used to serve comparable areas within the municipality
i (consistent with the characteristics of the topography, land uses and population
densities) within four and a half (4 Y,) years after the effective date of the annexation, or
upon commencement ofdevelopment within the area, whichever occurs first,
3. Upon ultimate development of the arcs, the same level of fire protection and emergency
medical service will be provided to this area as Is furnished to comparable areas within
the municipality. Fire Station 4 d will become the primary company in response. As of
this annexation request, the average response time in the City of Denton is 4 minutes.
An appropriate response time Is $ minutes
4 '4, lamirtlbm S11.1 4 v 1,414.r4' 17
u
ANNEXATION SERVICE PLAN
(A-79)
Thistle Hill Estates
C. Solid Waste Collection
1. Solid waste collection service will be provided to the property on the effective date of
the annexation using existing personnel and equipment.
2. As development and construction commence within We area, sufficient solid waste
collection personnel and equipment will be extended to serve this area by any of the
methods used to serve comparable areas within the municipality (consistent with the
characteristics of the topography, land uses and population densities) within four and a
hall (4 Ya) years after the effective date of the annexation, or upon commencement of
development within the area, whichever occurs first.
3. Upon development of the area, solid wade collection service shall be provided top this
propetty in accordance with current policies of the City as to frequency, charges and so
forth. New development may require additional equipment, personnel and operating
resources.
D. Waler/Wastewater F'aciittles
I, Maintenance of water and wastewater facilities in the area to be annexed that are not
within the service area of another water or wastewater utility will be begin on the
effective date of the annexation using existing personnel and equipment. However,
Ihere are no exIsring Haler or wastewater facilider lit the area
2. As development and construction continence within this area, sufficient water and
wastewater facilities will be extended to serve this area by any of the methods used to
serve comparable areas within the municipality (consistent with the characteristics of the
topography, land uses and population densities) within four and a half (4 V,) years after
the effective dale of the annexation, or upon commencement of development within the
area, whichever occurs first.
3. Upon development of the arts, water and wastewater services will be extended to the
property In accordance to the City's master utility plan and the appropriate provisions of
Article III of Chapter 34 of the Code of Ordinances. '
1 .'Y,Ini~•rrtlne ,CnAr I'✓.ni Arx' 18.
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ANNEXATION SERVICE PLAN
(A-79)
Thistle Hill Estates
E. Roads and Streets
1, Maintenance of roads and streets, Including road and street lighting, In the area to be
annexed will begin on the effective dale of the annexation using existing personnel and
equipment,
2. As development and construction commence within this area, sufficient roads and streets
will be extended to serve this area by any of the methods used to serve comparab:e areas
within the municipality (consistent with the characteristics of the topography, land uses
and population densities) within four and a half (414) years &Aer the effective date of the
annexation, or upon commencement of development within the area, whichever occurs
first.
3. Upon development of the area, roads and streets will be extended to the property in
accordance to the Denton's Mobility plan and the appropriate provisions of Article Ill of
Chapter 34 of the Code of Ordinances.
F. Parks mod Recreation Facilities
I. Maintenance of parks, playgrounds, swimming pools, and other r&c eational facilities In
the area to be annexed will begin on the effective date of the annexation using existing
personnel and equipment. However, there are no existing park, ptaygroundr,
jm1mmtng pools, and other recreational jacllfties to the area.
2. As development and construction commence within this area, sufficient parks,
playgrounds, swimming pools, and other recreational facilities will be provided to serve
this area by any of the methods used to serve comparable areas within the municipality
(consistent with the characteristics of the topography, land uses and population
densities) within four and a half (4 y3) years after the effective dale of the annexation, or
upon commencement of development within the area, whichever occurs first.
3. Upon development of the area, parks, playgrounds, swimming pools, and other
recreational facilities will be provided to the property In accordance with the provisions
of Chapter 22 of the Code of Ordinances, concerning parks and recreation facilities. Any
residential development, which increases population, will Increase the need for
additional parks, facilities, equipment, personnel and operating resources.
C, Electric Facilities
r
1. Electric utility service will be provided on the effective date of the annexation using t.
existing personnel and equipment, t l!
2. As development and construction commence within this area, electric utility service will
be provided to serve this area by any of the methods used to serve comparable areas
within the municipality (consistent with the characteristics of the topography, land uses
1 'V.U;rlr rudnrl h'hh•r'hrp. r},K
19.
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ANNEXATION SERVICE PLAN 4
(A-79)
Thistle Hill Estates
and population densities) within four and a half (4 h) years after the effective date of the
annexation, or upon commencement of development within the area, whichever occurs
first.
3. Upon development of the area, electric utility service shall be provided to this property
in accordance with the appropriate provisions of Article HI of Chapter 34 of the Code of
Ordinances.
It. Library Services
L Library services will be provided on the effective date of the annexation using existing
personnel and equipment.
2. As development and construction commence within this area, library facilities will be
provided to serve this area by any of the methods used to serve comparable areas within
the municipality (consistent with the characteristics of the topography, land uses and
population densities) within four and a half (4 Ya) years after the effective dale of the
annexation, or upon commencement of development within the area, whichever occurs
first.
3. Upon development of the area, library facilities will be provided to tho properly in
accordance with the library master plan. Any residential development, which Increases
population, may increase the need for additional equipment, personnel, facilities and
operating resources.
1. Code Enforcement, Building Inspections and Consumer Health Services ,
1. Code enforcement, building Inspections and consumer health services will be provided
on the effective date of tha annexation using existing personnel and equipment.
2. As development and construction commence within this area, code enforcement,
building inspections, and consumer health services will be provided to serve th;-t area by
any of the methods used to serve comparable areas within the municipality (consistent
with the characteristics of the topography, land uses and population densities) within
four and a half (4 Y:) years aner the effective date of the annexation, or upon
commencement of development within the area, whichever occurs first.
3. Upon development of the area, code enforcement, building Inspections, and consumer
health services will be provided to the properly. + l
(1rl,
i : V. Li u. i ntlnn .6 ~ rN r 77nn Air '
20.
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ANNEXATION SERVICE PLAN
(A-79)
Thistle HIII Estates
J. Planning and Development Services
1. Planning and development services will be provided on the effective dale of the
annexation using existing personnel and equipment. The Planning and Development
Department currently provides services this property by way of administration of
Chapter 34 of the Code of Ordinances, concerning subdivision and land development
regulations.
2. Aa devekpment and construction commence -Mthln this area, full planning and
development sewices will be provided to serve this area by any of the methods used to
serve comparable areas within the municipality (consistent with the characteristics of the
topography, land uses and population densid s) within four and a half (4 K) years after
the effective date of the annexation, or upon commencement of development within the
area, whichever occurs first.
3. Upon development of the area, full planning and development services will be provided
to the property.
K. Capital Improvements Program (CIP)
The CIP of the city is prioritized according to the following guidelines:
(1) Provision of Capital Improvements as compared to other areas will be based on
characteristics of topography, land utilization, population density, magnitude of
problems as related to comparable areas, established technical standards and
professional studies.
(2) The overall cost effectiveness of providing a spocific facility or improvement.
The annexed area will be considered for CIP Improvements In the upcoming CIP plan. This
property will be considered according to Lb established guidelines.
r~
4'V.InrtnnW~&whr VMan. ASK 21.
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ATTACHMENT 11
SERVICE ANALYSIS
A-79
ENGINEERING AND TRANSPORTATION
1. What existing roads, bridges and other transportation facilities will be Impacted by this
proposed annexation and development In terms of needed Improvements or upgLades?
~ a tl p)P
2. Are any of the a Improvements presently scheduled to be done at state or federal
expense? AVO , If yes, please Identify facility and anticipated date improvemen's
will begin.
3. Please list any drainage Improvements that may require local funding, and include
estimated cost (if no speciflo Improvements can be determined, please make general
comm
is concemi dralnege
Al
4. Will additional equipment and facilities be needed as a specific result of this annexation
and development? If yea, what type of equipment or facility?
5. Please comment on the cumulative Impact of annexation and development.
At what population level would additions 4quipment be required? N
Is there an accepted equlpment to population ratio that can be uaed.for planning
purposes? /VO
1s there an acc¢ppAled employee to population ratio that can be used for planning
purposes? /VO AA"f
Additional Comments; Ovl~ A p(,t, e~,s.+j I
4V &L4,P4 ~ may! G
PersonC act If are re questions Data
t,
A•79 Engineering Service Info Requesl.doo 226
0
SERVICE ANALYSIS
POLICE
it. Estimated average response time for this area based on current department conditions:
Priority : &I minutes _
Non-priority 33 minutes
Average minutes
2. Appropriate average response time in the city based on current department conditions:
Priority ID, 0 minutes
Non•prlority minutes
Average minutes
3. If annexed and developed as proposed will additional personnel be needed as a specific
result of thle propose;? It yes, how many? What type? _
4. Will additional equipment and funding be needed to serve this area? If yes,
what type?
6. Will a police substation or other faciljty be needed to serve this area as a result of
annexation and development? ND If yes, when should the new facilities
be operational?
8. Please comment on the cumulative Impact of annexatiort and development.
At what population level would another police focillty be required? Aid .Y
Is there an eocepted facilitylequlp ant to population ratio that can be used for planning
purposes? ";P" C 4
Is there an accepted officer to population ratio that can be used for planning purposes?
~ C
Additional Comments:
Person to con act if there are questions f Date (1 r r
A-79 Service Info Request.doo
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SERVICE ANALYSIS
A•79
E113E '
m station(s)
1. Fire and Emergency Medical Sgvlces can be provied too, area fro
# _,located at
2. Estimated response time. minutoa .
3. Appropriate response time In the City. .3 minutes
4. Is a new fire station approved in the CIP that could serve this area? If yes,
what Is the C'P program year?
6. WV II new fire elation be requested In upcoming CIP proposals to serve this area?
A,-S_. If yes, when should this station be operational?
6. Total estimated funding for equipment, employees arWor facilities needed to serve this
area strictly based on annexation and pro sod development.
7. Please commenton the cumulative Impact of annexation and development.
At wh6 population bevel would another fire station facility be required?
Is there an accepted fire station-to-populatlon ratio that can be usad for planning
purposes?
Is there an accepted employee to population ratio that can be used for planning
purposes?
AddltlonaMomments;
1 / ~
fbn ~t 5~t0~ ~y S,oi~rd L~ MAss 14,u
s/~~l;d,~, o~J ~F,~.~•~I: s~~'4 a.~41 ~ ~ ~.,.,...y lb..yM.,~
in rej jAro<. XC5#4 Qt-f9 c,t t111 /O/Aft A Irad;C @ #i! t~"A
as X11 ~.wr iniin~ y ,.,faros, f •R
Perso o oo-n)j p" I If there are questions Date
A•70 Service Info Itequest.doo 24
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Va. vil 41 14: UJ 4JOIIJ641M lULl ll La '•r •
SERVICE ANALYSIS
WATER I WASTEWATER A•79
1. What Is the nearest Cfty of Denton water tine?
Size of water tine.
Location of water line. y ..rktt,I.~w
Distance from proposed annexation. §0;& 6ap i sf Ce tA"
2. What Is the nearest City of Denton sewer line? • lq I"
Size of sewer line. -
Location of sewer line. AV"
Distance from proposed annexation.
3. According to the City of Denton master plan what type of lino and facilities would be
required for this area and when are those lines and facilltlea proposed for construction.
Size . Year L tion
Water lines tat hsL~
Sewer lines
4. Are there any City of Donlon lines included In the proposed annexation?
S. Please comment qn the cumulative impact of annexation and development.
At what population level would additional equipment be required? .
Is there an accepted equipment to population ratio that an be used for planning
purposes?
Is there an accepted employee to population ratio that an be used for planning
purposes?
Additional Comments:
Person to contact i Giere are questions Date
s'r'!ll o
A•79 Service info Request.doo
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251
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SERVICE ANALYSIS
A.79 h
ELECTRIC UTILITIES
1. What Is the distance to, location of, and size of the nearest City of Denton electric line?
200 ~eer
2. What type of lines and facilities would be required to serve this area?
Me d 1f , I C, s"~~ $I lie oA
Mrrn •c yr
3. Are any new lines or facilities proposed for construction to sarve this area?
Xe
4. Are there any potential responaibilities If this area Is annexed?
6. Please comment on the cumulative Impact of annexation and development.
At what population level would additional equipment, be required?.
Is there an accepted equipment to population ratio that can be used for planning
purposes?
Is there an accepted employee to population ratio that can be used for planning
purposes? '
Additional Comments: '
Vi >1~~, r~J ,rervise
l=leel~~'~ i f►~ a~rp If ,
UCe~r
Person to contact If there are qtfestlons . • Date
t':: ` <
A-79 Service Info Request.doo 26.
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SERVICE ANALYSIS
solid Waste A•79
1. Is residential solid waste service available too the proposed area for annexation?
2, is commercial solid waste Service available to the propossd'area for arinexatioh?
3. What is the estimated cost to provide this area with splid waste service? +w
Equipment and Maintenance.
Personnel.
4. What is the typical revenue collected per,
Household. 7 acr ~o d°;f6 -
Commercial Business ,1lASss
6. Will additional equipment be needed to serve this area If annexed or developed?
Type of Equipment, Q
Cost of Equipment, s 00<2
6. Will additional employees be, needed to serve this area If ennezed or developed?
mow' I 'S
Type of Employees. /As 0
Numbrjr of Employees,
7. Please comment on the cumulative Impact of annexation end development.
At whet population level would additional equipment be required? -A 4 N4441 7r /N
,
can a~ol, IRt(C KJdmt•t a /3e,0 40MCA.X&Alt*
Is there an accepted equipment to population ratio that can be used for ptanning
purposes?
Is thereon accepted employee to pop,risUon ratio that can be used for planning
purposes? -
Additional Comments:
i
Date
Parson 'to oo toot if Chore a queetfons
(t~~ . c
Annexation SarviceArea Anslyslo.doo
27. .
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SERVICE ANALYSIS
A-70
LIBRARY
7. It annexed, can anticipated service demands be met using existing materials, facilities,
and personnel? so
8. It not, how many additional employees and what type of facilities and materials will be
needed to provide services? Yet to be datLaiaed It
9. Estimated additional funding needed strictly based on proposed annexation and
development. Yet to be data + ti
10. Please comment on the cumulative impact of annexation and development.
At what population level would another library facility be required? , njoo - Y
Is there an accepted circulation to population ratio that can be used for planning
purposes? _ 3 items per capita
Is there an accepted employee to population ratio that can be used for planning
pU100807 Yet to be datereiged
Additional Comments:
The sowers to questions 8,91 and 10c can be given before harsh, 1949t the antici-
pated date of our library raster plan study.
Ai
Datya'
Person to non c if there are questions
041
A-79 Service Into Request,doo !it.
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SERVICE ANALYSIS
PARKS AND R roeeTin~~ A•70
1. What neighborhood park and recreational !acnitles are currently serving this area or are
capable ol.sgrving this area If annexed and/or developed {federal, state or Iocal~
2. What projects and/or equipment will be needed to adequstely serve this area If ahnexec#
and/or development based on the parks and recreation master plan or simper
standards?
Nolghborhood Parks; t 1 acres per 1,000 population.
J' acres minimumatzo.
VW cost per acre.
Recreation Center: ~$&CO square feet per 1,000 population.
a a oao square feet minimum size.
V4 cost per square foot.
Other facilities J10 per 1,000 population.
Po.%uw~•~t, ----square feet minimum size.
fpe'e L&kd L,. cost per square foot.
3. How much additional funding will be needed for maintenance If additional park facilities
are developed to serve this area?
cost per acre.
cost per square foot.
4. How many additional personnel would be needed to property serve this area M annexed
and developed?
r additional personnel per 1,000 population;
Additional personnel per 1,(W square feet of facility,. or
additional personnel per acre of park.
cost per additional personnel
Additional Comments: ,
cert~9
Person contact If the are questions
Date '
r ~ h r.
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A-70 Service Info Request.doo 29~
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SERVICE ANALYSIS
D.I.S.D.
L If annexed, can anticipated service demands be met using existing materials,
facllittess and personnel?
The District has measured capacity at each facility on the basis of "functional +r
capacity." This value represents the number of students that may be served by ih e
permanent structures located at each campus. The use of portables or other
temporary structures Is not included in the "functional capacity" calculation.
The district estimates that elementary schools will be at 100% of their functional
capacity once renovations at the Rayzor and Wilson campuses am- complete.
These renovations should be completed by the 1999.2000 school year. Middle
and high schools are estimated to be at 101% and 85% capacity respectively. A
fourth middles school Is scheduled to open for the 2002 school year, adding an
additional 1,000 student capacity.
For planning purposes, the district assumes that 0.40 elementary students, 0.17
middle school students, and 0.18 high school students are generated by each
single family unlt. The district estimates that this development will add 119
elementary, 51 middle school, and 54 high school students.
Considering functional capacity and planned middle school construction, riaddte
and high school students may be served while additional elementary facilities will
be required. It Is important to consider the rate at which this development will
build out, which will directly Impact the rate at which students will be added and
accommodated by the district.
2. If not, how many additional employees and what type of facilities and materials
will be needed to provide services?
The state mandates a maximum student to teacher ratio of 22 to I for elementary
classes. Considering this ratio, an additional 5.4 classrooms and an additional 3.4
teachers wilt be required.
Classroom capacity may be provided through any one or a combination of the
following;
a. temporary elassrooms/portables,
b. student population transfer or absorption of students at other
campuses, or
c. new elementary school.corutruction. t I r 4,
e•79 015P5m1*oAaet 1s#, poe,edor 30. '
e
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3. Estimated additional funding needed strictly based on proposed annexation and
development.
The average cost of educating one child in the D.I.S,D. is $4,321 per year,
exclusive of state or federal assistance. This cost includes the district's existing
bond indebtedness.
4. Will projected school taxes from this development provide that additional
funding?
The district is subject to a statutory limit of its ad-vatorem tax rate. State law
prohibits a tax rate greater than $ 1,50 per $100 of valustion. 0.1 S.D, adopted a
property tax rate of $1.48 per $100 valuation for the 1499.1999 fiscal year.
A combination of residential and non-residential development that yields finds
equaling $4,321 per year (1998 value) will provide the necessary funding for one
student.
S. Please comment on the cumulative impact of snnexation and development
Annexation has relatively limited Impact on the D.LS,D. The development site Is
located within the district boundaries, regardless of annex stion.
6. At what population level would other school facilities be required for the City of
Denton?
Specifications for new elementary, middle, and high school facilities have been
developed to serve student enrollments of 681,1,000, and 2,000 respectively.
7. Is there an acceptable employee to population ratio that can be used for
planning purposes?
D.I.S.D. policy and slate regulations have established the following
student to teacher ratios that maybe used for planning purposes,
Elementary., 22 Student&Teacher
Middle; 28 Stud entsli'eacher'
flight 28 Studentefeacher
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Todd Parton r Feb arv 4.1994
Person to Contact with Questions Date !r
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A.7D d/rf.~3rnlrrA.mfjrhAuparxdx 31.
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ATTACHMENT 12
PLANNING AND ZONING COMMISSION REPORT
STAFF REPORT
5jLWgct: Thistle Hill Estates Case Number: Z-98-058 and A-79
! Staff: Wayne Reed, Planner II Agenda Date: February 24, 1999
I cpv M.60V i$,
Hold a public hearing and consider making a recommendation to the City Council concerning the j
annexation and zoning of 52.491 acres to a Single-family 16 (SF-16) and Single-family 10 (SF-10)
zoning districts. The Intention Is to develop a one hundred and twenty-nine (129) residential lot s
subdivision (see Enclosure 5).
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LOCATION MAP
Location: on the south side of Ryan road, approximately 150 feet east of Forestridge Drive
Silo: 62,491 acres
r 95 M U StAlf itrtlxntrkz 32,
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Applicant: Greg Edwards Owner: Charles Strafford
Greg Edwards Engineering Services Century 21 - Northstar Real Estate
300 North Carroll Boulevari, Suite D 1018 W. Oak Street I
Denton, TX 76201 Denton, TX 76201
The developer Is requesting to be annexed into the City of Denton and oonvurrently zoned Single-
family 16 (SF-16) and Single-family 10 (SF-10) zoning classification and land use designation for this
62.491 acre property. The Intention Is to develop a one hundred and twenty-nine (129) residential lot
subdivision (see Enclosure 6). As proposed, the SF-1e zoning district area would cover the northern
21,49 acres adjacent to Ryan Road and would contain thlrty-six (36) lots. The remaining thirty-one
acres in the SF-10 zoning district would be subdivided Into ninety-three (93) lots.
The general policy of the city is to assess on a case-by-tae's basis the annexation of areas in the
extraterritorial jurisdiction (ETJ) when significant developments are proposed, occurring, or likely to
occur In the near future, according to Section 3436, concerning annexation, of Chapter 34
(subdivision and land use regulations) of the Code of Ordinances,
An annexation schedule was approved by City Council on February 91' (see Enclosure 10). Th%
process Includes three public hearings to provide opportunity for pubtio input- two before City CounJI
and another before the Planning and Zoning Commission. After the public hearings, City Council will
officially Initiate the annexation procacdings by voting to approve the request, Including readings of
proposed ordinance. This requires two additional public meetings. Approval requires a four-fifths vole
(6 out of 7) in-favor. City Council held the first public hearing on February 14, 1999. Upon Planning
and Zoning Commission action, City Council will conduct a third public hearing on March 2, 1999, and
then Initiate the formal annexation procedure on March 23,1999, and conclude on April 20,1999.
The property owner has selected to exercise his right to zone the subject tract concurrent with
annexation. Section 35.14, concerning platting properly not permanently zoned, of Chapter 35
(zoning regulations) of the Code of Ordinances st3tes the policy of the city Is' "If the Planning and
Zoning Comrplssion holds a hearing or proposed annexation, It may, at Its discretion, at the some
time hold a public hearing upon the permanent zoning that Is to be given to the area or tract to be
annexed and make recommendatlon on both matters to the city council so that the city douncil can,
If It desires, act on the matter of permanent zoning and annexation at the some time'
The subject property can develop as proposed regardless of the outcome of annexation and zoning,
if the city chooses not to annex this property, It may Oil develop In the City of Denton's extraterritorial
jurisdiction (ETJ). Residents Ilving In the ETJ still attend DISD schools and pay school taxes as well
as county taxes, however would not be liable for city taxes, If In the ETJ, the development will not be r
subject to any zoning regulations, but will have to comply with the land use and development
regulations, City utilities will be provided through private contract to the development, at an Increased l l
rate. Pot Ice service s would not be provided and fire protection services would only be provided under
mutual aid request from the Clly of Argyla, Emergency medical services would be provided by the
Denton flre department. All other city public facilities will be accessible to these residents,
L 99 OSA M Slarf Ik4+artdoC
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1988 Denton Development Plan Analysis
The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area.
These areas are Intended to be developed primarily for single family residential development.
Neighborhoods are to be serviced by a network of small commerciallretall centers spaced at about
% mile Intervals with direct access to a ctillector type street. or larger thoroughfare. Vehicular trip
generation due to development within Low Intensity Areas Is restricted to 60 trips per day per acre in
order to balance land use with road capacity.
Staff finds the proposed development to be consistent with both the policies and trip Intensity
standards of the 1988 DDP (see Enclosure 7). The approval of annexation and the lequosted atngie-
family zoning would ensure that the property remains consistent with the City's vision for this area.
1998 Denton Plan Policies Analysis
The 1998 Denton Plan (DP) Is to be used In conjunction with the 1988 Denton Development Plan in
evaluating the consistency of proposed development with the long range vision for the city. Staff
finds the proposed development to be consistent with the policies of the 1998 DP (see
Enclosure 8). The Growth Management Plan Identifies this area to be residential. There is existing
low density residential development to the north and this request for Singla-fariiiNt 16 (SF-1 e) and
Single-family 10 (SF-10) would maintain and continue this pattern.
4. Transportation
A. Trip generation
The proposed Thistle Hill estates would generate approximately 1,232 trips per day if built out with
one hundred and twenty nine (129) homes (see Table 11 below). This translates Into a low trip
generation compared to the 11988 DDP Intensity standards. This standard Indicates that
development In Low Intensity Areas should generate no more then 60 trips per acre to balance
vehicle demand with transportation Infrastructure. The proposed subdivision would be sixty-one
percent (61 below this threshold.
Table 1, Proposed Land Use Trip Generation
Land Use Ave rago Trip Total Trip Maximum Butldout
Gonorotlon Per Generation
Single-family (Detached) 9.65 tdpstday 1,232 129 detached homes
Mowed Trip Generation 62.49 acres 80 lripslacre
Difference -1,917 61% below alto ,qed trips °
' Cdculallant provided by IN I Utult of I mrportsOm ttnelnlws, / 1.
t9eA5!PZStan R"LOX 3
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B. Access
The proposed subdivision would be allowed one (1) access point onto Ryan Road. It would also
be provided another one onto the proposed collector road, which will be bunt at an undetermined
point In the future, most likely in conjunction with development (see Enclosure b)
C. Road Capacity
Ryan Road Is identified as a secondary major arterial road,¢y the 1998 Denton Mobility Flan (sse
Enclosure 11). This road is designed to be a four (4) lane undivided street without parking,
providing four (4) lanes of through traffic. As such, its designed traffic capacity allows for a
tolerable traffic flow of up to 14,900 trips per day. However, Ryan Road Is currently constructed
with two (2) lanes without parking. At this point, Its designed traffic capacity allows for a tolerable
traffic flow of up to 5,300 trips per day. The most recent traffic count for Ryan Road at its west end
was 765 trips. This Indicates that there Is adequate capacity to handle the calculated trips that
could be generated by the proposed development
D. Pedestrian Linkages
Sidewalks along all public streets are required.
2. Utilities
This alto has access to existing water and sanitary sewer lines (see Enclosure 3):
Water: a) Twelve (12) Inch waterline at the Intersection of Forest Ridge and Ryan Road.
b) Twelve (12) Inch waterline on Ryan Road.
Wastewater: a) Eight (8) "gravity sanitary sewer flowing. east changlri into a ten (10) Inch
gravity sanitary sewer. The above sanitary sewer line flee Into the Granada
IA e'atlon.
3. Drainage and Topogrophy
New development will be requlrrd to design and construct a drainage system to city standards.
A preliminary drainage study was required with the submission of the Thistle Hill Estates
prellminary plat. The study included calculations of the 100-year storm for all drainage areas on
this property and any area that dralns towards this property. The developer has Indicated that a
stornwater system will be constructed to handle the additional water runoff.
4. Signs
As per the sign ordinance.
S. Off -Street Parking
New development worst provide parking according to the regulations of Chapter 35 (35-301) of the
Code of Ordinances. Each single-family lot shall provide two off-street parking spaces.
8. Landscaping
This property will have to comply with the new Landscape Code, which requires fifteen (15)1•yes
per acre and twenty (20) percent of all surfaces to remain pervious (plantable area).
1 Do 056 P1 Off aryartdx ' S .
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F7. Open Space and Recreational Areas
This residential development will be required to participate In the development of public
recreational areas. Through the Park Dedication Ordinance (98-039), this development will
contribute to park land dedication and park development fees. Dedication requirements are
required during the platting process. Park development fees are required prior to the Issuance of
building permits. The following Is a breakdown of the two requirements for this development:
Park Land Dedication = 0.903 parts acres
Park Development Fees =129 singiedamily lots x $291 per lot a $37,539 r
A fee A lieu of dedication will be required because the calculation is less than five (5) acres, It will
be equal to the pre-development value of 0.903 acres of the tract. The developer Is required to
pay the fees at time of rolease of the final plat.
AMR I C
The subject property is located within the City of Denton's extra I erritorle I Jurisdiction (ETJ),
January 27, 1999 - The Planning and Zoning Commission approved the preliminary plat for Thistle
Hill Estates Addition, which provides for one hundred and twenty-nine (129) lots, A final plat is
required prior to any development. The Development Review Committee is reviewing the final plat
at this time,
PU_ LIC
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Notice of tho zoning request was published In the Denton Reoord-Chronlcle on February 14, 1999,
Four (i, property owners were nr tined of the request on February 12, 1999 (see Enclosure 4). As of
this writing, there have been n • yponses, A courtesy notice was mailed to all residents, who live
within the city limits and are withO five hundred (500) feet of the subject property. No neighborhood
meeting has boen held,
Staff recommends approval of A-79 for annexation, The annexation service plan and study (see
Enclosures 11 and 12) indicate that the area can be served. If the property is not annexed, utilities
and sorvlees would still serve It, but city taxes would not be collected, The request Is consistent with
both the 1988 DDP policies and the 1998 DP policies (see Enclosures 7 and 8).
Staff recommends approval of Z-98-058 for Single-family 18 (SF-16) and Single-family 10 ($F-10) r'
zoning district designations, The request Is consistent with both the 1988 DDP policies and the 1998
DP policies (see Enclosures 7 and 8). The proposed development provides for a compatible
arrangement of land uses r-'1 protects existing land uses. In addition, the proposed subdivision
j design providba for safe and adequate trafflo circulation.
2A8 OSB P2 31aff Repwtda
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A. I move to recommend approval of A-79 finding that,
1. It is conslstent wish the 1988 Denton Development Plan;
2. It Is consistent with the 1908 Denton Plan and Growth Management Plan;
B. I move to recommend approval of Z-98.058 finding that;
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1. It Is consistent with the 1988 Denton Development Plan;
2. It is consistent with the 1998 Denton Plan and Growth Management Plan;
3. It provides for a compatible arrangement of land uses;
4. It protects existing neighborhoods; and
5. It provides safe and adequate traffic circulation.
!Al
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1, Recommend approval as submitted,
2. Recommend approval with conditions.
3. Recommr.nd denial,
4. Postpono consideration.
5. Table Item.
1, Vicinity Map.
2, Zoning Map,
3. Utility Map, ,
4. 20W Property Owner Notification Map.
b. Denton Mobility Plan.
8. Site Plan (Thistle Hill Estates Additkin Preliminary Piet).
7. 1988 Denton Devefopmer,r Plan (DOP) Policies.
8. 1998 Denton Plan (DP) Potier" (2 pages).
1 9. Scenarios of annexed v6, non-annexed development.
10.Annexation Schedule,
11. Annexation Service Plan (2 pages).
12, Annexation Study (d pages).
13. Annexation Service Analysis (10 pages).
1 96 05612 SCAR Kepmtdoc 31
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ATTACHMENT 13
129 111
1 be able to. knd whatever tilde to be done so that 1 conditions you could W. So this will be treated is
2 this can take place It you know, if that's going to 0 a condition, kid in use of a conflict, the what
1 be a re rimat, thea I'll be voting io favor of it. I you do bees in this use wild pnvill ter the
1 MR. 2oMELLt 1 have a question for L. MR. I lirdxape artist. If you were rtquiring rote bete, It
S M. CRGEtawfft Tut S vodd control near the landscape ordluwo•tlat light
6 M. IXL6r Do we deed to rota on the 6 tKadri loss.
I separately will this amendmeat, at it it ON all one t HR. t16LL10dtCNf: Any other eauttl 1 Wald
motfom2 I ask rr It ilia just oleplr a statement to kr, Olke.
I MA. IDCEK: Let w ask, via that • 1 1 would ask hill that lives that the residents art
10 Mill. I'm not tiling to Luke 10 Iredlitely adjacent to this property or across the
it NR. IDEEk: was that a friendly amm&aentl 11 street from it that before this goes to city Council
12 MR, KIEL: It was a friendly amendment. 11 it he Wuld contact them aid explain what is at
LI 111td. 11 least going forwtd is they and get the It IVA, 1
11 MR. MW So We all ate motion. 16 think It would probably help his use at the Council
l5 MR. l9GT6k xffl Any other dlscuuloal to 15 level, too. Vrthlt'q dad k1l in foot of the
11 too, Wuld IW 1 just oat to say to fr. Wilt, 1 16 motion plisse raise your right head. The rotloo
11 wwt in this till I'll act at all opposed to Oat 11 carries twofmowll.
11 you'll wanting to do, but pitticuIatl f looking it the 11 item I is to bold I publm: hearing
it Cook Street situation with the Auto fanf, I don't 11 considering making 1 itemcdattdn to the City
H believe that it's tight to build I parking lot scroll 20 Council concerednp till umastioa of $2.61 octal and
21 the street from singlo-fadly tesideac i vithout mein 21 concurrent todrq of subject property to singlt-
21 couldttable octet" ben. that's Al 1 was, 22 fadly 16 timing district and 15411-fully 10 toning
21 obviously, fighting w herd for that, but 1 easily 21 district. The property If located on the soatk side
A think that's very important for a nelghborbood. Ted 21 of Oyu gold apptadmately 150 flat list of
2S Ms. 0116r 1 guess what collie 11 oplnfoa a 25 rorastridgf Drill. And it is legally described if
!LAMMING a rOMiMC tfsR+lAAT 21, 1199 PLkNMIfM2 a OIN ygmuT 11, 2999
110 112
1 little bit Is the fact that this bulaass has been. I Tuct 11 and If Ir the 1. Itlttoa larval aid fact 6
I ben for 1) Years tight tut to 1 ainglf-Itofy I to the T. We surrey,
1 itsidence, In to a this loose like in lsprovement to 1 She proposal 11 to develop 121 single
I have the parking lot scroll the street instead of I residential lot subdivision. Mr, lead will provide
S right uxt door to the hoof of it is now. Ant, I I the staff report. fir,
6 Tales, that'i what C was looking at it is to an.. It's 6 0. ICED: Thank you. the location, is you
1 in lmprerement. It's I via-via situation for 1 were jot disaasing, is In Wit Denton. am the south
I asuyone, I aide of Klan. The wilt subdivision is the
I IM. KIEL! had 1 don't know If all 1 forutrldge aubdlslslod located just to the north.
10 uretning if good becioi 1 think there's nrtaln 10 TM vicinity rap hen can We 100 if A little
11 citcuvtincol when sosm screening vould be better If 11 detomtntal that foreitildge Drift is jot to the
12 It was open end usable got police ptotectlan and 21 wilt of the property about 150 fut.
11 ililMlity cad sou other things, So l don't think we 11 TM Lt1 surtowds We of all sides NMa the
16 need to crate 1 don't think out ettevgt if to 11 Idjacency of the IWI(*tbood there that 1 Via last
11 mitt uuvnie9, ussivf steaming trifir Ain in our 1S distilling, this partinalet Armiltion/foninwy has! Is
16 community because 1 think sometimes that opennuv is 16 till of is adjacent to the Iyan text which all of
tt much better securityvist for people to telghborboods. 11 yaw half Eas1t vith including tonight Urliff. 1 a
11 MR. t1211Rf:Cltlt it. hot real 11 abMW the Ixatloa If that do the protWtl of that ` I
19 M. "W: Qutetloo for ft. lutes. Is this 11 to the titf, Ito loutd to the southeost,
20 proposed buffet yard nn tottictlrf than our 20 tM fxlitlny conditions of tbf property its
11 landscape ordiumel had If it if, all we allowed to 26 suck that It it ardtosldpfd and sursounded by
22 ixlwi that as s Pitt of a eatditltol 22 mrdeeflopd properly. the social tap bell
11 Ml. 60Ct1: fe'tf looking at a straight 21 detonettatel that om:fotll w hall latyer
It tdaing district, Wit act dealing kill a Detill fiat 11 finglt•ta lly Wall dlitdcts to tM of the north
25 of 10, to Ion can landscaping Is ON of the IS sldf of IliN lecludinp aA 1h11 rolling district We
(LAMMING 1100100 , ICIRDMT 24, 1999 38' II)AIMC 113IN rim "T 2,64 lilt
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I in Toreslridge. Further down the told, 6I-16. kd I Park dedlutlod will occur, in lieu Of 0.4 acrst
2 *21 to a cetitem at coifntity kmm at the Good 2 dedicated se park fees will be collected, kd
I timatitan tillage, I apptorimtelp 11 and a hilt lhowand dollars will be
6 kowever, it we could imagine the proposed t collected for puk devalopsent fell on a lot•by-lot
$ Collector street that Is to Ilion with the soutaeto S basis. So it it %%I built onto 129.1oti,.the parts
6 boundary of the ptopoetd site it I could show TOO i department world collect 31 and a hill thousand
1 tight bete this is what I'm dlsNailng of referring 1 dollars to tutbei lenice this coeamnity with parts.
to. That proposed collector is tmutlrq through I. staff imlld out notice to p:opetty omen
1 property which is ached AG and 6f-10 ad tutthet south 4 within 204 fat, rd those who wen within thttitt,
10 all 81.1 acting districts, sn I little or picture 14 time w • with a legal notice and also extended a
11 then of the surrounding area. City Cornell approved 11 courtesy Dotlu to ptopertiea within Sdi fora, rout
12 the anrnexatiou schedule, ddca If included in report 12 property Owners wen ratified with the legal notice. j
1) on rebrury the 9th. 31 kd acme of the lots which an along lyan tad and
it one public he rIno has been held before City It within the fo istridge subdivision are still aimed by
IS Council to consider just the ameselion, and that via 1s Mugement cowl of o real estate company, which
16 on the l6th, just one week IF. The icturSo of 11 reduced the Wall number of property owners it
17 whether or not we should Inter this property or Not 11 opposed to the dumber of Iota withlh 200 feet.
11 inner this properly is told out On Miami 1. Ind 11 h zlipmes s that a blittle more een receivd.clklrthis
it
19 the difference between +neeiln4 it and not aumil g 14 tight botl
20 this property two dom to city tam, m city tam, 10 gtebbd the 200-foot notice lust gabbed ell the
Its regulatioa of land use, be regulation of land ass, 21 lots that back up back onto Ilan load, so given
22 regulation of building, conatruction and quality, or 12 everything that I'll laid and evetythinq that you've
23 no control clot that, 21 lead In the stiff report, the staff ncomtAs
24 The property can be developed togirdlsts of 21 approval of the amelatldd request, the kaes+tlon
2S the outwore of the ameutlod request. Is yawns %it 2s service plan and study indicate the uoa can he served
PLMING 11001K MRUMT 210 1994 PtMING a to" rtIROMT 21, 1994
116
1 aware of, on the 27th of danuuy, you epprovd a 1 ldegiately with City services,
I prellminary plot for this ptoperty. The final plat 11 1 it the property Is not annexed, utllltilo and
I now bilhq retlevel by the Development Raley Casmittet I lattices wild still be provided to the daelopment,
g for the first that tosortow. kd that should bt l but city least would tat be collected. The request is
S coring you: way In the amt future, S comistent vith both the 1911 DOI policies and the
6 so anneutboh will provide the City vith the f 1991 of policies, tikewite, staff teeowndv approval
1 -ability to togulate land us and building code, It we T of the lonlnq tequstts for fingli-rarely 14 and 11.10.
1 jxep to the 101101 request We, the request 11 IN! Ii 1 The request is consistent with both of the policies Of
0 112 acts app-axtmately of It-l6 and another It was 4 the 1901 Notes Developxnt lean and the 1991 of
14 or therstboots of If-10. The rasp bete showing the two 10 moil m 1994 NOW plan hllcist, And the
11 area plan gold located hem along the Notth sban 11 proposed develop" ptividst tot compatiale
12 the tt•11 lots an the north half, and lost of these 11 AlIgamt sf lard Oslo sot protects exiatlnp land
11 lots fit ticetd 16,0001qure feet, 11 gill to 1 laid out how this sequat Cap+111 witk
16 Mot this Nap is iN your stilt report, It is 21 to01Ng around it,
15 tnclaum I. to discuss tae of the feltall Of the 1s W, fed addltlon, tho proposed IN111sim
I6 toning request trip 4enetitlon, this 11 In a lov 16 deslga provides tot safe and adequate tstttit r
ti intensity area, k ording to our 11010antod - 11 elttal+tloo, 1 would be happy to answer III t,
11 Devtiopunt pith, We In a 10w-0easitp lmldentisl 16 questions.
14 area, occotding to out Growth p+nigtimnt plan 11 161. CNG6lalECN i COMIrsIOa11, any
20 strategy, Ind wing trip generation it 61 "moot 20 qustlone for sr, leedl kl It would appsat rat,
21 below whit the loll Capnhtnsi+l plan would allow, I1 Taank loo, lic,
12 it,, goinf to he allowed accesf onto Iyon lad and to 22 ' is the Petitioner of letitlaer'a
21 the proposed collector is the file plan deaomtuta, 11 lsprount+tive pnrentl Iloilo 411111 jinn No And
N I tad rapacity can actanodaU the trip 11 bwtn ll eddfesa for the record.
2s generation, which is probable fro this defolopuat, 39. !S 201, loll : Cheinen, unben of the
pmir2 f IONING WAIT 2a, 1194 rUrIIIIIIC 1 fONlNG RAM"? 264 1994
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I Cosdeslonef, I'm Crag Wide. Out offices ere at 1 that IN might bile.
2 100 1011h Carroll kauleeard, Suite R here in Contain. I P. tIIGllatR=! Question} for Mt, tdwatdil
3 14 a Civil engineer. Wit worked on the ptoje.t, T It would appear not. thank yon, sir.
t helically, our clients are requesting aoneeoiion to I MR. tO w,. Think IN.
S obtain full benefit of City Sersicss, this was a I MR. CNGIIBASCN i If these inym proleat wW
I Iequest And a man that they Conteeplated, thought d would HIS to apeak it favor of this petition? res.
1 about, and wanted to pursue. ? If you would give Is roar NW and addrres for the
unlike many of the types of derelof"I that 1 reard.
I we're done In the pact when we Bave mixed Isre, 1 15. CWJ: NY oar is fatty Clerk, Ind 1
20 generally, the idea is to do the lower site or the 10 lie at 110 Ryan Raid. Awd P know pill wonder why
11 higher intents miss first. Basically, car plat via to It I've sit We all might, 1 live on the soutbera
12 cost In with the 11.16 derelapsent 1a Phase I. false 12 boadafy of this property. Auld 1 was at the City
17 presented a final plat it that tlr. 11 Council meting dire it was prssmted to the City
14 basically, wt lit raking A stulght toning 14 Council, and Mr. Itafford and Na. JoWoo bars worked
1S request, am out clients all very inteastd to baeing IS Terl cloaily with us and have kept myself and mt aunt
11 a very quality developunt, You may have Noticed on If very well-INforied of the dovelopNmte, the housing
11 our ptelidnary plat, they hue ddiutid an it that they wire doing. And It looks tery exciting.
11 additional area along Ryan food for I Whoops 11 k tame off of the Moll of the Nobly
10 Duffer, which is tot requitd by lM City. this is an It creak-?yea Tract mioiosranlatlon. so we were toil
20 amenity that they wanted to include In the 20 breirent to bt in faro[ of anything wtII we could sea
21 devilapornt. 21 with cur two flat and hear with our 04 out tactly
21 They are very ccanrned about beef" a very 12 what was h+ppaning. le are Teri piated witk the way
11 hlgh-gaality development, in looking it it with the 21 that the bouing dtvelqunt looked like it's raring
24 C[Owth lfaultaeat Ilan and the projections that the It actesa.
21 City his for growth In the Orel, we its tiff concerned 1S ft're getting very pool eooperatlot with our
tWOIIMG 1 tOM1wG ttIkOARt 11, im PLWIN0 6 tOM1NG mm y 24, 1"1
171 141
1 stoat buffering and drawing from and enhancing the I new nuighbon Inn tbougb we'll Not City folk. ,
1 viloe of the current sr-11 toning to the North of AS, I They're Ming toil toopetative 4th u Ord eking sure
1 IS ere also Concerned about being protected frog the 1 that our tows all rot stepping In holes and title ere
4 higher intents sire that have been approved to lhs 1 wt left Open. the oil toamat that I would like to
$ South and the fait of the peoperty. I rake and Mt, Vuldsoa addressed this Items at the
6 Mt. Stafford is not bete tonight, but at the I City Cmil ,riling war the this property doss
? City Council Netting, I thlnk off of the key thlogt t not adjoin the Ayes Tract,
I that he bafht out on properly Is in the first third 1 tbote'I as 104jot stetlon that ktgpo the two
1 of the property. baslally, Base I is the area that 1 pieces it the tiff back end fro Meting. And 11 you
10 gravity sewer into the uletlng city system to Ilea 10 don't [calla that, it looks to it theta two JOIN Ind
11 goad. this if the life Men wt have the highest 11 a road cam car fiat Rickoty Creak straight tP to Ryan
11 ancentfetion of tiffs. And, basically, it's rat 12 Road, that's not lM tiff buaut of the 10-toot
11 suitable for Sell oral lugs development that wI'ro 11 strip of paeperty there that's pillow property, Mich
14 propssed, 14 of aunt is Iffy ufefal that oieryou *&rate&$
IS Basically, to we toil to the touthett pottloo 15 that that If Nat IaCldd It anything feeept it bit
11 of the property, we'll anlicipatel IN Our pnlisinirl 11 taxes. k, since Ibe's Not hen witk r to speak to
11 plat A little bit tariff 11.10 lots In the control , 11 that Isom, I thought I would go shed and bring that +
11 portion and then the o ullet sr-ICs la the wily 11 op to less. (f r r
if portion is W get closer to the higher intensity rues 15 gut, like 1 sold, wire tell such in 1+vo1 of
a that wt anticipate in the south. '1t thle We Is I 10 It, Via iffy ptelld wltk what Debbie and Chtilia
It tell good plan, it praUcto out clients, It provides 21 its wanting to de and hoping to des. And to plea to bo
It s quality deviloprnt for the City ' totem. I hope 22 light theti'wit6log am belptrg with anything that w
21 that lrou will Support thin, 1) tin do. IS 1 defialtely u it favor of this,
N If you but any gmattons, our itIfas ail Ii developtmt being ippteved.
25 represented hers and wnuid try to anewir amf quretims 40. IS a. WW W1 TMek IN.
ILMNING I IMIMG 1t1i10AAT 14, 1111 PLWING I Dix POWAY 111 110
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I NS. CLAWfr thank you, t plans to do anything with t;an load to the near 1t
I IM, tKILImldxfr Any qustloul speaker? 2 Put at. There will be no ImprovementI to Ilan load
I thank you. I with this deulopivent,
4 Is Otto &AP O 1114 present Am would like t IM. ImGtlfaltah Mat quntlons for cuff?
S to speak IN favor of this petitloal Anyone else S Any Comments of a rotlonl it would sea appropriate
i pnaent to speak in favor of the petition! in that I to hue two actions at this point, first one ea the
1 use, Inyone present to speak to "Sidon to the 1 ambition because If we don't approve flat, goring is
petlti0n? Any present to speak IN opposition to the A.. vialoglees,
9 petition? seoing NO oppasltlom, We will wain the 1 M. R1NI- Make a motion. 1 wore to~
20 rebuttal, public hearing Is closed, 15 reward LM approval 0! A•94 finding that it is
it hr. geed, any IJul stiff remerkel All It Iroutstent with the 1990 flow/ me --1911 Denton
I2 light. COW11I 11, any questions fat staff? Any 12 DiftlopMert Plan, And it is mistent with the 1998
11 Comments of a Motion? It would omit appropriate to 11 UNION Plan and Crowth Muagtrent pie.
11 have ha motiom, 11 M. 1XIMFA9Rt Mond that be 191
is IM, 11SAL! oantioo, l1 aM. RISM, Is that the ?9? thank you,
16 0. twcWa=: Tee, hr. Babel, it MA. MU: Second,
11 M. RISMCMr could you tell me, hr, Ind or 17 W. IM00LIUZI Veen bred red saynded to
21 Mr, salon 11 Mr, salon still hilt --11. him 11 reco~eoded appronl of tbe ameestIon.
11 whit the Capacity of Ryan load is and where that is 19 a. 11SMI'LI let M make sure our Note•tAker
20 on the tie if that's om this Clfl t0 kraws that loo veil speaking of here, 1 left rut the j
71 aM, IMCOr 1 can tell you Capacity At Is 11 aperitif of A•?o A that, 14 just to Ctotlfl the
21 prodded in the staff report. 1 think David !lion 12 Mottos,
21 Might IM Owthinq About IN Cif, so if he could 21 IM. WM1tII1EClRr Discuston on the btloa?
21 lust answer this, 21 111 11 fatal raise Part right hand, Motion Carries
2S R?. IM": ilia Wad la curtentil a 25 uAdeasall.
PIAANlAO 6 IOMIMO PISlCAAI 21, 1199 PIAMMIMC 1 tOMIMO Plinth 24, 1991
II! alt
I two-lane rural sectlon which can Randle ton+Aere IN 1 lM. 111NIIt 1'd like to mall a motion, t'd
I the ulghborhood of about ),NO trips per day at I I like to moss to ttCorrdd Ippronl of I-JI.091
I Islet of ureict C. Of Coate, In our mobility ploy I finding that It is consistent with the 1191 Denton
1 it's proposed to be I tout•lant dlrldd filarial, I 1 Oeslopmeat plan., It Is cowittent with the l9gl
S hats no idea at this point at tdut time that vlll I Denton elan And Growth lanagnwot elan. It pravldu I
occur, Probably In the range of about fin if all S compatible Irrangennt of land rate. It protects
1 lairs IF, uybe seen, through the last Denton County 1 itisting msighberAocds, And It is life Ind adequate
1 bond electlon, Ilan had wit 11crwttuctw. I traffic Cltculalion.
1 so It la 1 raistlvdl new toad. There If I IM. MULMr Second,
10 currently ro plans in the city ell to do anything sex if a. WLARMt I leer road ad stondd to
II with Ay46 Wad. W ! kould Irticipato fox at lust' 11 ticroMrodd Ipptoval of b91931. Oiscoulon ON the
11 the neat fin years there probably won't be uy 11 motirnl All is favor ralaa you light hand. Motion
11 significant Iwprovawnll to Plan toad, As dditlond II cettiea unanLouly, Miles and gentleun, that
it iddividou occur slang Ifan, as with the Il brings ms to the Director's Report,
IS subditlilon or the land that we're looking at light is It, Donaldson, go. 10, council action.
It now, there will new to be song odditioul It M, DORA10sGM; Council ICtlOI at Wit lilt
11 impfafements. 11 meeting tonolarfd the items MAN Mill imitation A, -
II And, it in Ingle, with this pattlculr II Ind caning, this: I bate tore handouts for Im
It develapreat, they Will be Installing tae lams It 11 Iflding to the "tehfulff planning pfocut,
20 theft entrence on Ilan load so that "It tutting in 20 council jellied the first chapter of thi
21 and oat of the dtrelopleant will Clue I miniul ally 11 CNeprebeulre plan it their work lssioa luterdal.
21 an Ilia load, to you'll still have lhrougb Into And 11 And- I Ilia late Rrlictt 10 from the chant that
11 people will be able to get into I two lane to taut Is 1! ascribes tbe duds and pawn bpd dutlla for the
21 of get out of the developoaot, 14 Planning reed ladeq Coalition, Pad thoy filets
21 is toad lout the City au Not bate ant IS Iteoolly to taprehoul►t plaming.
MIN 11C11K n1R0AAT 11, 1191 +A' ntaliC 1 Dix ItIROARIJ1, logo
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ATTACHMENT 14
ORDINANCE NO,
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 32,49 ACRES OF
LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED
ON THE SOUTH SIDE OF RYAN ROAD, APPROXIMATELY ONE HUNDRED AND
FIFTY (130) FEET EAST OF FORESTRIDGE DRIVR IN THE COUNTY OF DENTON.
TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PLACING
THE PROPERTY IN A PERMANENT SINGLE-FAMILY 16 (SF-16) ZONING DISTRICT
ON 20.98 ACRES AND SINGLE-FAMILY 10 (SF-10) ON 31,31 ACRES; PROVIDING A
SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE (A-79/Z-98.058).
WHEREAS, Greg Edwards, on behalf of Charles Strafford, has petitioned for annexation
of 32.49 acres of land to the City of Denton, Texas, and requested Single-family 16 (SF-16)
zoning district classification and use designation for 20,98 acres and Single-family 10 (SF-10)
zoning district classification and use designation for 31,51 Acres within the annexed area; and
WIIEREAS, the City of Denton on February 9, 1999, heard the petition and agreed to
grant the petition for annexation of S2 49 acres of land; and
WIIEREAS, on Ftbniary 24, 1999, the Planning end Zoning Commission recommended
approval of the petition for annexation and the Single-family 16 (SF-16) zoning district
classification and use designation for 20,98 acres and Single-family 10 (SP'-10) zoning district
classification and use designation for 31.31 acres; and
WIIEREAS, public hearings were held In the Council Chambers on March 23, 1999, and
March 30, 1999, (both days being on or after the 40'h day but before the 200 day before the date
c: the Institution of the proceedings) to allow all interested persons to state their views and
present evidence bearing upon this annexation; and
WHEREAS, a nexatlon proceedings were Instituted for the property described herein by
the introduction of this ordinance at a meeting of the City Council on April 20,1999; and
WIIEREAS, this ordinance has been published In full one time In the official newspaper
of the City of Denton on April 24, 1999, after annexation proceedings were Instituted and 30
days prior to City Council taking final action, its required by City Charter; And
WIIEREAS, the City Council finds that the annexation will be In compliance with the
1988 Denton Development Plan, the 1998 Denton Mn Policies, and the 1999 Growth
Management jtratcgies and Plan; NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
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SECTION 1: That the tract of land described in Exhibit "A", attached hereto and
incorporated by reference, Is annexed to the City of Denton, Texas.
w 42,
Iwwraucrr..a.+An~+n~r
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SECT ION_It- That the service plan attached as Exhibit "B", and incorporated by ,
reference, which provides for the extension of municipal services to the annexed property, Is
approved as part of this ordinance.
SECTION ID: That the zen[ng district classification and use designation of the 20.96
acre property described in the legal description attached hereto and incorporated herein as
Exhibit "C" is designated as a Single-family 16 (SP46) zoning district classification and use
designation and the zonleg district classification and use designation of the 31.31 acre property
described in the legal description attached hereto and incorporated herein as Exhibit "D" is
designated ss a Single-family 10 (SF-10) zoning district classification and use designation under
the comprehensive zoning ordinance of the City of Denton, Texas.
SECTION IV. That the City's official zoning map is emended to show the zoning district
class! fications and use designations of the property annexed.
SECTION V: Should any part of this ordinance be held Illegal for any reason, the
holding shall not affect the remaining portion of this ordinance and the City Council hereby
declares it to be its purpose to annex to the City of Denton dl the red property described In
Exhibit "A" regardless of whether ,any other part of the described property is hereby effectively
annexed to the City. If any part of the real property annexed Is already included within the city !
limits of the City of Denton or within the limits of any other city, town or village, or is not within
the City of Denton's jurisdiction to annex, the some is hereby excluded from the territory
annexed as fully as if the excluded area were not expressly described in this ordinance.
SECTION Vi. That any person violating any provision of this ordinance relating to the
zoning district classifications and Lie designation shall, upon conviction, be fined it sum not
exceeding $1,000.00. Each day that a provision of this ordinance is violated shall constitute a
separate and distinct offense.
SECTION Vil: That this ordinance chail become effective thirty (30) days from the date
of its final passage and publication, and the City Secretary is hereby directed to cause the entire
ordinance to be published once and the descriptive caption to be published twice in the Denton
Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of
the dale of Its passage,
PASSED AND APPROVED this the _ day of .1999.
JACK MILLE& MAYOR i l rr
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. YROUTY, CITY ATTORNEY
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142- BY:! RAC Q
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` EXHIBIT J1
All that certain tract of land situated In the hL Bruton Bury, Atntreot/ b1 anil the T. Labor Survey,
describe ' Den40n Counly. Texas and bstrp a reetsvey dap of a aped 62 two bad of land
described In in the ParUWon DoW to Shelton Ryan Neoordad In %W me 2522, llidio* Goa of the noel
Property Rsoords of Denton County, Texas; as momnentad and oooupfso onto proji 11» subject
tract WIN more p**adarty dmodlad as bac".
BEGINNING at the Norlhwssl caner of the trod being'd scrI:; d tiertsfn of a' kw rod found for
comer at the Narttnmt oomar of sold 62 4W aoro trod in the Sigh Ina of is road kAar appwnf pu. Ic
use postal as Ryan Road;
THENCE South 8o Dsprsea 55 hGnutes 09 8tconds East wish Ihs South line of aafd ROW a distance
a 872.291aot to a lh" iron rod latnd for oansr st the htortl>raet comer d sold 5.486 aen trod;
THENCE South with the East fine d said 62.486 sae trod a dWomm c12612.4 fast to a %'I Iron rod
found for corner at the Southeast comer of sold 62.486 we track
THENCE South 88 D"faey 49 Mktutei 45 Sooonda Woo a d*vm of 871.77 feet to a w kon rod
found for corner at the $oul m w caner of said 62488 we troot;
THENCE North Oo D*W*$ 00 MhKAe 28 SoooWs West a dstana d 2631.861~set b the PLACE OF
BEGINNING AND CONTAINING 62'48 acres of land. man or lees.
a
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EXHIBIT 8
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ANNEXATION SERVICE PLAN
CASE NUMBER: A•79 (Thistle Hill Estates)
AREA: 52.49 acres
LOCATION: On the south side of Ryan Road, one hundred and fifty (150) feet east of
Forestridge Road in Denton's extraterritorial Jurisdiction 03TI).
Municipal services to the site described above shall be furnished by or on behalf of the City of
Denton, Texas, at the following levels and in accordance with the following schedule:
A. Police Protection
1. Police service, including patrolling, response to calls, and other routine functions, will
be provided to the property on the effective dale of the annexation using existing
personnel and equipment.
2. As development and construction commence within this area, sufficient police personnel
and equipment will be extended to serve this area by any of the methods used to serve
comparable areas within the municipality (consistent with the characteristics of the
topography, land uses and population densities) within four and a half (4'A) years after
the effective date of the annexation, or upon commencement of development within the
area, whichever occurs first.
3. Upon ultimate development of the sea, the same level of police service will be provided
to this area as is furnished to comparable areas within the municipality. As of this
annexation request, the average response time in the municipality is 10 minutes for
priority calls and 22 minutes for non•priorily. The City's estimated average response
times for this area are 9.51 minutes and 20.35 minutes, respectfully,
B. Fire Protection
L Fire protection (within the limits of existing hydrants) and emergency medical services
will be provided to the property on the effective date of the annexation using existing
personnel and equipment.
2. As development and construction commence within this area, sufficient fire and
emergency medical service personnel and equipment will be extended to serve this area
by any of the methods used to serve comparable areas within the municipality
(cotsistent with the characteristics of the topography, land uses and population
densities) within four and a half (41ra) years after the effective date of the annexation, or
upon commencement of development within the area, whichever occurs first.
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3. Upon ultimate development of the area, the same level of fire protection and emergency f
medical service li be provided to this area as Is furnished to comparable areas within I
the municipality. Fire Station H 6 will become the primary company in response. As of 1
this annexation request, the average response time in the City of Denton is 4 minutes.
An appropriate response time is 5 minutes
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/ CY .In4f,n11M taelrf a'NYI. bw
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ANNEXATION SERVICE PLAN
(A-79)
Thistle Hill Estates
C. Solid Waste Collection
1. Solid waste collection service will be provided to the property on the effective date, of
the annexation using existing personnel and equipment.
2. As development and construction commence within this area, sufficient solid waste
collection personnel and equipment will be extended to serve this area by any of the
methods used to serve comparable areas within the municipality (consistent with the
characteristics of the topography, land uses and population densities) within four and a
half (4 years after the effective date of the annexation, or upon commencement of
development within the area, whichever occurs first.
3. Upon development of the area, solid waste collection service shall be provided top this
property in accordance with current policies of the City as to frequency, charges and so
forth. New development may require additional equipment, personnel and operating
resources.
D. Water/Vfaltewater Facilities
1. Maintenance of water and wastewater facilities in the area to be annexed that are not
within the service area of another water or wastewater utility Al be begin on the
effective . ate of the annexation using existing personnel and equipment. However,
there are no exIsNng water or warrexnter facilities im the area.
2. As development and construction commence within this r^ sufficient water and
wastmvater facilities will be extended to serve this area by any of the methods used to
serve comparable areas within the municipality (consistent with the characteristics of the
topography, land uses and population densities) within four and a half (4 y,) years after
the effective date of the annexation, or upon commencement of development within the
area, whichever occurs first.
3. Upon development of the area, water and wastewater services will be extended to the
property in accordance to the City's master utility plan and the appropriate provisions of
Article III of Chapter 34 of the Code of Ordinances.
OVANWI w6M &TPAr SAM, 4V
47.
ANNEXATION SERVICE PLAN
(A-79)
Thistle Hill Estates
E. Roads and Streets
1. Maintenance of roads and streets, including road and street lighting, in the area to be
annexed will begin on the effective date of the annexation using existing personnel and
equipment.
2. As development and construction commence within this area, sufficient roads and streets
will be extended to serve this area by any of the methods used to serve comparable areas
within the municipaliq (consistent with the characteristics of the topography, land uses
and population densities) within four and a half (4 years after the effective date of the
annexation, or upon comet-ncement of development within the area, whichever occurs
first.
3. Upon development of the area, roads and streets will be extended to the property in
accordance to the Demon's Mobility Plan and the appropriate provisions of Article III of
Chapter 34 of the Code of Ordinances.
F. Parka sod Recreation Facilities 1'I
1. Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in
the area to be annexed will begin on the effective date of the annexation using existing
personnel and equipment. However, there are no existing parks. playgrounds,
swimming pools, and other recreational facilities In the area.
2. As development and construction commence within this area, sufficient parks,
playgrounds, swimming pools, and other recreational facilities will be provided to serve
this area by any of the methods used to serve comparable areas within the municipality
(consistent with the characteristics of the topography, land uses and population
densities) within four and a half (4 years alter the effective date of the annexation, or
upon commencement of development within the area, whichever occurs rust.
3. Upon devcloprtt:nt of the area, parks, playgrounds, swimming pools, and other
recreational facaities will be provided to the property in accordance with the provisions
of Chapter 22 of the Code of Ordinances, concerning parks and recreation facilities. Any
residential development, which increases populalim will increase the need for
additional parks, facilities, equipment, personnel and operating resources.
G. Elcrulc Facilities
1. Electric utility service will be provided on the effective date of the annexation using 4, ,
existing personnel and equipment.
2. At development and construction commence within this area, electric utility service will
be yrovided to serve this area by any of the methods used to serve comparable areas
within the municipality (consistent with the characteristics of the topography, land uses
1 !4.Irthf i atlrM 6rrle r Mi IM.Arrt
48.
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ANNEXATION SERVICE PLAN k
(A-79)
Thistle Hill Estates
and population densities) within four and a half (4 Yz) years after the effective date of the
annexation, or upon commencement of development within the area, whichever occurs
first.
3. Upon development of the area, electric utility servicb'shall be provided to this property
in accordance with the hppropdale provisions of Article III of Chapter 34 of the Code of
Ordinances.
H. Library Service
1. Library services will be provided on the effective date of the annexation using existing
personnel and equipment.
2. As development and construction commence within this area, library fac'ttities will be
provided to serve this area by any of the methods used to serve comparable areas within
the municips1hy (consistent with the characteristics of the topography, land uses and
population densities) within four and a half (4 !5) years after the effective dale of the
annexation, or upon commencement of development within the area, whichever occt.rs
first.
3. Upon development of the area, library facilities will be provided to the property In
accordanca with the library master plan. Any residential development, which increases
population, may increase the need for additional equipment, personnel, facilities and
operating resources.
1. Code Enforcemeat, Building Inspections and Consumer Hcaltb Services
1. Code enforcement, building inspections and consumer health services will be provided
on the effective dale of the annexation using existing perscnnel and equipment.
2. As development and construction commence within this area, code enforcement,
building inspections, and consumer health services will be provided to serve this area by
any of the methods used to serve comparable areas within the municipality (consistent
with the characteristics of the topography, land rues and population densities) within
four and a half (4 years alter the effective date of the artnexaticn, or upon
commencement of development within the area, whichever occurs first.
3. Upon development of die area, code enforcement, building Inspections, ant consumer
health services will be provided to the property. '
1'V.fnrrinA,~r.kn~r!'hin MK
49.
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ANNEXATION SERVICE PLAN
(A-79)
Thistle Hill Estates I
J. Planning and Developmeat Servic"
1. Planning and development services will be provided on the effective date of the
annexation using exir'ing personnel and equipment. The Planning and Development
Department currently provides services this property by way of administration of
Chapter 34 of the code of Ordinances, concerning subdivision and land development
regulations.
2. As development and construddon commence within this area, full planning and
development services will be provided to serve this arts by any of the methods used to
serve comparable areas within the municipality (consistent with the characteristics of the
topography, land uses and population densities) within four and a half (4 yi) years after
the effective date of the annexation, or upon commencement of development within the
area, whichever occurs first.
3. Upon development of the area, full planning and development services will be provided
to the property.
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K. Capital Improvements Program (CIP)
The CIP of the city is prioritized according to the following guidelines:
(t) Provision of Capital Improvements as compared to other arena will be based on
characteristics of topography, land utilization, population density, magnitude of
problems as related to comparable areas, established technical standards and
professional studies.
(2) The overall cost effectiveness of providing : specific facility or improvement. ~II
The annexed area will be considered for CIP Improvements In the upcoming CIP plan. This i
property will be considered according to the established guidelines. !
4.70 ow1o Mse"kvMMdoe 50.
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EXHIBIT C
8-99-058 '
6F-16
DESCRIPTION
All that certain tract of land situated In the N. Britton Survsy,.AbwwW 51 wA the T. Labor Survey,
Abslrac# 779, Denton County, Texas and being a part of a called 52.488 we bad of land described
in the Partition Dead to Shelton Ryan reowded in Volume 2522, Page 898 of the Real Properly Records
of Denton County, Taxes; as Monumented and ooouplod on the ground the subject trod being more
particularly described as follows:
BEGINNING at the Northwest comer of the tract being descrlbed herein at a 112" Iron rod found for
comer at the Northwest corner of said 61486 are trod in the South line of a road Luider apparent public
use posted as Ryon Road;
THENCE South 88 Degrees 55 Minutes 09 Seconds East with the South line of said Road a distance
of 872.29 feet to a'A" Iron rod found for oomer at to Nortmast comer of said 62.486 we tract;
THENCE South with the East Wo of said 52486 we trod a distance of 1048.00 feet a point for comer,
THENCE North 88 Degrees W Mirwtes 08 Seconds West a distance of 872.14 feet to a point for comer
In the West line of sold 52.486 we tract;
THENCE North 03 Degree 00 Minute 28 Seconds West a distance of 1048.00 feet to the PLACE OF
BEGINNING AND CONTAINING 20.98 memo of land, more or less.
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51.
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EXHIBIT D
z-99-058
Br-io
DESCRIPTION
All that certain tract of land situated In the N. Brittori Survey, Abefroct# 51 and the T. Labor Survey,
Abstrac t# 779, Denton County, Texas and being a part of a called 52.486 we trod of land described
In the Partition Deed to Shelton Ryan recorded In Volume 2522, Pape 898 of the Real Properly Records
of Denton County, Texas; as monuma ted and occupied on the ground the sub0d tract being more
particularly described as follows:
BEGINNING at the No4msat comer of the trod being described heraln at a point for comer in the West
line of saI¢ 62.488 we tract from which the Northwest oomer of sold 62.486 we tract bears North 00
Degree 00 Minute 28 Seconds West a distance of 1048.01) fast;
THENCE South 88 Degrees 56 Minutes 09 Ssoonds East a distance of 872.14 feet to a point for comer
in the East line of said 62.486 we tract;
THENCE South will i the East line of said 82.486 we tract a distanos of 1664.80 feet to a'h" Iron rod
found for corner at the Southeast comer of sold 6? •386 we tract
THENCE South 89 Degrees 49 Mirwtea 45 SeowKIs West a distance of 871.77 feet to a Iron rod
found for comer at the Urthwest comer of said 52.488 aaro tract;
THENCE North 00 Degree 00 Minute 28 Seconds West a distance of 1633.66 feet to the PLACE OF
BEGINNING AND CONTAINING 31.61 acres of land, more or less.
52.
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AGENDA INFORMATION SHEET p~
AGENDA DATE: APRIL 20,1999
DEPARTMIENT: Englaeering & Transportation
CW KWACM• Rick Svehis,Deputy CityManagertz)
SUBJECT:
CONSIDER AN ORDINANCE APPROVINC A REAL ESTATE CONTRACT
BETWEEN THE CITY OF DENTON AND LINWOOD JOAN ROBERSON AND FULA
BELL ROBERSON, RELATING TO THE PURCHASE OF 0.054 ACRE OF LAND FOR
THE EXPANSION OF U. S. HIGHWAY 77 (PARCELS 56 & 57); AUTHORIZING 7111E
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
BACKGROUND:
Mr. & Mf rs.. Roberson have executed a Real Estate Contract for the required righbof•way
for the U. S. Highway 77 Widening Project. The contract amount of 54,000.00 is based oa
the fair market value for the [sod sod Improvements so determined by to (odepeodeat
appraiser and reviewed by a separate appraser for conformity and as required by the
Tress Department of Transportation (T%DOTN The Appraiser and Review Appraiser
services were approved by Ike City Couaeil In 1997 (Proteasinaal Services Coslrocta~
OPTIONS
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Not Applicable
RECOMMENDATION:
Staff recommends approval of the real estate contract between the City of Denton and Mr.
& Mrs. Roberson for the purchase of 0.054 acre of'snd for widening U.S. Hwy. 77.
PRIOR ACTIONMVIEW (Council. Boards, Commissions):
The Planning & Zoning Commbsloo recommended approval on July 23,1997.
FISCAL 1'NFORMATION:
The purchase price is soooA0 plus closing costs or approximately 5500.00. r
M1.1 P:
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Pre red by: Emwtew* ti Tr "Ofttlaa
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RiSht-of--Way Asst
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LOCATION MA'
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VOL. PC. • `
1108 S.F.OR 0.025 AC. ; 57
REM.. 0.242 AC. 1250 S.F..OR 0.029 AC.
pay jr LOT 1
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Planning and Zoning Minutes
July 23, 1997
Page 2
Ms. Schertz: Are there any other nominations? If there are none, nominadons are closed.
We will vote on the nominees in the order of their nomination. I will list their um and
then after I am through if you will raise your right band it you are In favor. As many as
are In favor of Jim Engelbrecht please raise your right hand. (Vote - 3) As many as are
in favor of Ellen Schertz please rzisa your right band. (Vote - 4) Tt t new Chair person
by majority Is Ellen Schertz, Thank you.
For the second nominee we will be electing Vice-(: Ir person. The floor Is open.
Ms. Apple: I would like to nominate Bob Powell.
• I
Ms. Schertz; Are there any "er nominations?
Mr. Moreno: I would nominate Jim Engeibrtcht,
Ms. Schertz: Are there any further nominations? Seeing none, nominations are closed. '
As many as are In favor of Bob Powell, please raise your right hard. (Vote - 4) Seeing
there is a majority, the new Vice-Chair person will be Bob Potiwil. Congratulations,
M. Consider approval of the m1wes of the July 9, 1997 meeting.
Ms. Schertz: Are there any corrections? Seeing none, the minutes will stand approved
as written.
N. Consider making recommendation to the City Council for the acquisition of the Right-of-
Way for U.S. 377 from P.M. 2164 to I.35,
Mr. Powell: That's not 377 but is 77. '
Ms. Scbertz: You are correct. Let the minutes reflect that.
Mr. Powell: I would move that wa recommend to the City Cotmell the acquisition of
R1gbt-of-Way for US 77 from PM 2164 to 1.33,
Ms, (lamer: Second,
Ms. Schein: Is there any discussion? All in favor, please raise your right hand. Motion
passes. (7-0)
V. Consider making recommendation to the City Council for the acyubidon of the 1JSU-of.
Way for Wteview Boule~lyd,
Mr. Powell: I move that we make recommendadon to the City Council for the acclaWttoa r,, \ r
of the Right-of Way for Waview Boulevard.
.Mr. Engelbrecht: Second,
5
I wti M►lOtIN LYI~YY4GMYIM1Ye YMA n M
ORDINANCE NO.
AN ORDBIANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THF. CITY OF
DENTON AND LINWOOD ROBERSON AND EULA BELL ROBERSON RELATING TO
THE PURCHASE OF 0.054 ACRES OF LAND FOR THE EXPANSCON OF U. S. HIGHWAY
77 (PARCELS <; AND 57); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR;
AND PROVIDING AN EFFECTIVE DATE,
THE COUNCIL OF THE CITY OF DEMON, TEXAS HEREBY ORDAINS: E
SECTION I. That the City Manager is hereby authorized to rxecute a Real Estate
Contract between the City and Linwood Roberson and Eula Bell Roberson, In substantially the
form of the Real Estate Contract which is attached to and made a part of this ordinance for all
pruposes, for the purchase of 0.054 acres of land for the expansion of V. S. Highway 77 (Parcels
56 & $7).
SECTION [t. That the City Manager Is authorized to make the expenditures as set forth
in the attached Real Estate Contract
SECTION III. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the_ day of 1999. ,
r
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
F~.~ 64L BY:
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REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between LINWOOD JOHN
ROBERSON AND EULA BELL ROBERSON (hereinafter referred to as
"Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of
Denton, Denton County, Texas, (hereinafter referred to as
"Purchaser"), upon the terms and conditions set forth herein.
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser
hereby purchases and agrees to pay for all that certain tract,
lot or parcel of land described in E:shibit We (Parcels 56 i 57)
attached with all rights and appurtenances pertaining to the said
property, including any right, title and interest of Seller in
and to adjacent streets, alleys or rights-of-way (all of such
real property, rights, and appurtenances being hereinafter
referred to as the "Property"), together with any improvements,
fixtures, and personal property situated on and attached to the
Property, for the consideration and upon and subject to the
terms, provisions, and conditions hereinafter set forth. Seller
shall pay all cost for the removal, installation, construction,
reinstallation, reconstruction, labor and materials for any
and/or improvements located within the property described in
Exhibit "A". Any improvements not removed by April 1, 1999 shall
become property of the City of Denton, Texas. Access to each lot
shall be as described in letters from TX. DOT dated February 25,
1999 with illustration of driveway locations said letters with
illustrations aro attached for reference.
PURCHASE PRICE
1. Amount of Purchase Price. The purchase price for the
Property shall be t e sum oi-~-4, 000.0_0, (to be distributed to
lien holders, in proportion to the property being released from
each lot, for partial releases of liens as requested by the
seller and lien holders)
2. _Payment of Purchase Price. The full amount of the
Purchase Price shall be paya le in cash at the closing.
PURCHASER'S OBLIGATIONS
The obligations of Purchaser nereunder to consummate the a (ff~ /1
transactions contemplated hereby are subject to the satisfaction
of each of the following conditions any of which may be waived in
whole or in part by Purchaser at or prior to the closing.
7
1. Preliminar '
the date hereof, Seiler, ller's ithin
cotwent st and(expenses safter
hall
have caused the Title Company (hereinafter defined) to issue a
owners policy commitment (the "Commitment") accompanied by copies
of all recorded documents relating to easements, rights-of-way,
etc., affecting the Property. Purchaser shall alive Seller
written notice on or before the expiration of ten (10) days after
Purchaser receives the Commitment that the condition of title as
set forth in the Commitment is or is not satisfactory. In the
event Purchaser states the condition of title is not
satisfactory, Seller shall, at Seller's option, promptly
undertake to eliminate or modify all unacceptable matters to the
reasonable satisfaction of Purchaser. In the event Seller is
unable to do so within ten (10) days after receipt of v:itten
notice, this Agreement shall thereupon be null and void for all
purposest otherwise, this condition shall be deemed to be
acreptable and any objection thereto shall be deemed to have been
waived for all purposes.
2. Surve . Purchaser may, at Purchaser's sole cost and
expense, obtain a current survey of the Property, prepared by a .
duly licensed Texas land slrrvayor acceptable to Purchaser. The
survey shall be staked on the ground, and shall show the location
of all improvements, highways, streets, r^ads, railroads, rivers,
creekso tither
and etiismentsp
shall dcontain the
surveyor's certification that there are no encroachments on the
Property and shall set forth the number of total acres comprising
the Property, together with a metes and bounds description
thereof.
Purchaser will have ten (10) days after recoipt of the survey
to review and approve the ❑urvey. In the event the survey is
unacceptable, then Purchaser shall within the ten (10) day
period, give Seller wr.ttten notice of this fact. Seller shall,
at seller's option, promptly undertake to eliminate or modify the
unacceptable portions of the survey to the reasonable
satisfaction of Purchaser. In the event Seller is unable to do
1 so within ten (10) days after recaipt of written notice,
Purchaser may terminate this Agreement, and the Agreement shall
thereupon be null and void for all purposes and the Escrow
Deposit shall be returned by the Title Company to Purchaser.
Purchaser's failure to give Seller this written notice shall be
deemed to be Purchaser'o acceptance of the survey.
3. Seller's Compliance, Seller shall have performed, ob-
served, and comp ie wit all of the covenants, agreements, and
r ~
conditions required by this Agreement to be performed, observed,
and complied with by Seller prior to or as of the closing.
AEEOOOFE PACE 2
8
i
a.
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as
follows, which representations and warranties shall be deemed
made by Seller to Purchaser also as of the closing dater
1. There are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, trespassers or oti.,r
parties.
2. Except for the prior actions of Purchaser, there is no
pending or threatened condemnation or similar proceeding or
assessment or suit, affecting title to the Property, or any part
thereof, nor to the best knowledge and belief of Seller is any
such proceeding or assessment contemplated by any governmental
authority.
3. Seller has complied with all applicable laws, ordinances,
regulations, statutes, rules and restrictions relating to the
Property, or any part thereof.
4. To the best of the seller's knowledge, there are no toxic
or hazardous wastes or materials on or within the Property, Such
toxic or hazardous wastes or material! include, but are not
limited to, hazardous materials or wastes as same are defined by
the Resource Conservation and Recovery Act (RCRA), as amen.ied,
and the Comprehensive Environmental Response Compensation and
Liability Act (CERCLA), as amended.
CLOSING
The closing shall he held at the office of Dentex Title
Company an or before May 28,1999, or at such title company, time,
date, and place as Seller and Purchaser may mutually agree u?on
(which date is herein referred to as the "closing date").
CLOSING REQUIREMENTS
1. Seller's Requirements. At the closing Seller shall:
A. Deliver to State of Texas, acting by and through the
Texas Transportation Commission a duly executed and
acknowledged Deed in the form as attached hereto as
Exhibit "B" conveying good and marketable title to all of
the Property, free and clear of any and all liens,
encumbrances, conditions, easements, assessments, and
restrictions, except for the followings '
AEEOOeFE PAGE 3
9
i
1. General real estate taxes for the
year of closing and subsequent years not
yet due and payable!
2. Any exceptions approved by Purchaser
pursuant to Purchaser's Obligations here-
of; and
3. Any exceptions approved by Purchaser
in writing.
B. Deliver to Purchaser a Texas Owner's Policy of Title
Insurance at Purchaser's sole expense, issued by Dentex
Title Company, Denton, Texas, (the "Title Company"), or
such title company as Seller and Purchaser may mutually
agree upon, in Purchaser's favor in the full amount of
the purchase price, insuring fee simple title for the
State of Texas to the Property subject only to those
title exceptions listed in Closing Requirements hereof,
such other exceptions as may be approved in writing by
Purchaser, and the standard printed exceptions contained
in the usual form of Texas Owner's Policy of Title
Insurance, provided, however:
1. The boundary and survey exceptions
shall be deleted if required by Purchaser
and if so required, the coats associated
with same shall to borne by Purchaser]
2. The exzeption as to restrictive cove-
nants shall be endorsed "None of Record")
3. The exception for taxes shall be I
limited to the year of closing and shall
be endorsed "Not Yet Dui and Payable"J
and
4. The exception as to liens encumbering
the Property shall be endorsed "None of
Record",
C. Deliver to Purchaser possession of the Property on
the day of closing.
2. Purchaser's Re i:cmenta. Purchaser shall pay the
consideration as referenced in the "Purchase Price" section of
this contract at Closing in immediately available funds, i '
AEE009FE PAGE 1
10
e
3. Closing Costs. Seller shall pay all taxes assessed by
any tax collection authority through the date of Closing. All
other costs and expenses of closing in consummating the sale and
purchase of the Property not specifically allocated herein shall
be paid by Purchaser
I
REAL ESTATE COMMISSION
All obligations of the Seller and Purchaser for payment of
brokers' fees are contained in separate written agreements.
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform
any of its obligations hereunder or shall fail to consummate the
sale of the Property except Purchaser's default, Purchaser may
either enforce specific performance of this Agreement or
terminate this Agreement by written notice delivered to seller.
I
BREACH BY PURCHASER
In the event Purchaser should fail to consumwate the purchase
of the Property, the conditions to Purchaser's obligations set
forth in PURCHASER'S OBLIGATIONS having been satisfied and
Purchaser being in default Seller may either enforce specific
performance of this Agreement, or terminate this agreement by
written notice delivered to purchaser.
I
MISCELLANEOUS
1. Assignment of Agreement. This Agreement may be assigned
by Purchaser w thout the express written consent of seller.
2. Survival of Covenants. Any of the representations, war-
ranties, covenants, an agreements of the parties, as well as any
rights and benefits of the parties, pertaining to a period of
time following the closing of the transactions contemplated
hereby shall survive the closing and shall not be merged therein.
3. Notice. Any notice required or permitted to be delivered
hereunder shall be deemed received when sent by United States
mail, postage prepaid, certified mail, return receipt requested,
addressed to Seller or Purchaser, as the case may be, at the
address set forth beneath the signature of the party.
4. Texas Law to Apply, This Agreement shall be construed
under an id-n accoidanc-w -th the laws of the State of Texas, and
411 obligations of the parties created hereunder are performable-
in Denton County, Texas,
a,
AECOOM PAGE S
11
i.
5. Parties Bound. This Agreement shall be binding upon and
inure to the bane it of the parties and their respective heirs,
executors, administrators, legal representatives, successors and
assigns where permitted by this Agreement.
6. Le al Construction. In case any one or more of the pro-
visions containe n tFis Agreement shall for any reason be held
to be invalid, illegal, or unenforceable in any respect, said in-
validity, illegality, or unenforceability shal) not affect any
other provision hereof, and this Agreement shall be construed as
if the invalid, illegal, or unenforceable provision had never
been contained herein.
7. Prior A reemente Superseded. This Agreement constitutes
the sole an only agreement of the parties and supersedes any
prior understandings or written or oral agreements between the
parties respecting the within subject matter.
8. Time of Essence. Time is of the essence in this
Agreement.
9. Gender. Words of any gender used in this Agreement shall
be held and construed to include any other gander, and words in
the singular number shall be held to include the plural, and vice
versa, unless the context requires otherwise.
10. Memorandum of Contract. Upon request of either party,
both parties shall promptly execute a memorandum of this
Agreement suitable for filing of record.
11. Co liaannce. In accordance with the regviraments of the
Texas Real Estate License Act, Purchaser is hereby advised that
it should be furnished with or obtain a policy of title insurance
or Purchaser should have the abstract covering the Property
examined by an attorney of Purchaser's own 83lection-
12. Time Limit. In the event a fully executed copy of this
Agreement as not been returned to Purchaser within ten (10) days
after Purchaser executes this Agreement and delivers same to Sol-
ler, Purchaser shall have the right to terminate this Agreement
upon written notice to Seller.
i
`~/fig f c
ucaoera PAGE e
12
c.
DATED this day of 1999•
SEL7,ER PURCHASER
THE CITY OF DENTON, TEXAS
91
BY:
mw_~e V44
Linwoo John Roberson Mic ael W. Jez
City Manager
215 E. McKinney
Den
7 A' Denton, Texas 76201
Kula Bel Roberson
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this day of
, 1999 by Michael N. Jaz, City Manager of the City
of Denton, a municipal corporation, known to me to be the person
and officer whose naze is subscribed to the foregoing instrument
and acknowledged to me that the same was the act of the said City
of Denton, Texas, , " i 'municipal corporation, that he was duly
authorized to perform the same by appropriate ordinance of the
City Council of the City of Denton and that he executed the same
as the act of the said City for purposes and consideration
therein expressed, and in the capacity therein stated.
I
Notary i~u is in and for
the State of Texas
STATE OF TEXAS
COUNTY OF DENTON
Th s instrument is acknowledged before me, on this ay of
1999 by Linwood John Roberson and Euia B-e11 Robderson. S
Not is n and or
the State of Texas
. ;,i,
AU008tE PAGE 7
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Texas
rtmertt of Transplortat/oln
2621 W. PfiAlA1 DENTtNI, TEXAS 7MI-S1 t7 • (940)387.1414
February 25, 1999
Control: 0195-02-040
Highway: US 77
From: IH 35 North of Denton
County: DentonU$ 380
City of Denton
Attn: Paul Williamson
221 N. Elm
Denton, Texas 76201
Dear Mr. Williamson. of TI Your a I pan$ of arltr Mes dhc0s on highway right of=way,Including the ndiloshalil be
conC ed within the granite's property frontage.
In addition, because an access currently exists at this location, this will be Included In the plans
and made pan of the cost of the highway widening pro'ect.
1f you have any questions, piw^e contact Idemudim E. Udabor, P.E. et (940) 387.1414.
Sincerely,
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laud Elsom lil, A.E.
Atthments Ana Engineer
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EXHIBIT 'A'
County L=20 Pact 1 of 1
Highway U.S. 77
Prolsct Lfmlts: From L Rev, October 8, 1994
To
CSJ: 0198-04•
Account:
FIELD NOTES FOR PARCEL
BEING A PARCEL OF LAND SITUATED IN A TRAC LAND CONVEYED TO LINWOOD JOHN ROBERSON AND
WIFE, EU?A BELL ROBERSON, RECORDED Ili VOLUME 788, PAGE 180, DEED RECORDS OF DENTON COUNTY,
TEXTS IDROCTI, SAME BEING PART OF LOT 4 AND LOT 6 OF BLOCK 1 OF THE J.L. MERCER ADDITION,
RECORDED IN VOLUME 142, PAGE 301, DROCT, BEING $MATED IN THE N.H. MEISENHEIMER SURVEY,
ABSTRACT NO. 811, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING for reference ec a fence coma forthe northeast corner of sold Roberson erect and the southeeel
corner of a tract of land conveyed to John C. Johnson, recorded in Volume 1938, Page 899, DROCT;
THENCE N 814 23' 12' W, along the north One of said Roberson tract and the south line of sold Johnson tract,
a distance of 169.83 feat to a set 618-inch Iron rod with an aluminum cep, being the POINT OF BEGINNING, game
being a point on the new test right of way One of U.S. 770 and being in a non•tangent circular curve to the left
having a radius of 11428.18 feet;
111 THENCE southwaa
through a delta anglli of 0olong the now 09 19181', an am right of distinct f 811.00 fat, an having curve
a chord which
beers S 02 108' 37' W, a distance of 88.M foot to a Set 61-Inch kon rod with an aluminum cap,
said point being on the south line of Said Roberson tract and north Ono of a tract of fond conveyed j
to Paul W. Duke, Trustee, recorded In Volume 2388, Page 131, DRDCT; 1
j
!21 THENCE N 87e 23' 12" W, along a Ont common to Safd Roberson trap !red sold Dula ;race, s E
distance of 17.81 feet to S point, bang the southwest corner of sold Roberson tract, sM sold
point bang on the existing east right of v jy One of U.S. 771
131 THENCE N 03° 49' 29" E, Hong a One common to sold Roberson tract and existing east right of
way One of U.S. 77, a distance of 88.01 feet to a point, being the northwest corner of sold
Roberson tract;
141 THENCE S 870 23' 12' E, along the north One of sold Roberson tract, a dletance of 16.83 foot
to the POINT OF BEGINNING, and containing 0.026 acre, or 1,108 square foot of lend, more or
loss.
t „ Y
JOHN F. t,
John F. Wilder, R.P.L.S. 2 ~C f ll
Texas No. 4785 ` v Date
17 e>.arv
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EXHIBIT 'A'
County Denton Page I of 1
Highway U.S. 77
Project Limits: From LHJU Rev. October 6, 1994
CSJ: 012$..0,2
Account:
FIELD NOTES FOR PARCEL A2
BEING A PARCEL OF LAND SITUATED IN A TRACT OF LAND CO%VEYEO TO PAUL W. DUKE, TRUSTEE,
RECORDED IN VOLUME 2386, PAGF 131, DECO RECORDS OF r•~NTON COUNTY, TEXAS IOROCTI, SAME
BEING PART OF LOT 4, BLOCK 1, OF THE J.L. MERCER ADDIT;ON, RECORDED IN VOLUME 142, PAGE 301,
ORDCT, BEING SITUATED IN THE N.H. MEISENHEIMER SURVEY, ABSTRACT NO. 811, AND BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING fo►reference at a fence comer being the southeast comer of said Duke tract same Jeing a point
on the north property tlne of a tract of land with one-half Interest conveyed to Atlce Ramsay Waddell, recorded
In Volume 1040, Page 755, DRDCT, and one-half Interest conveyed to Clove 8. Waddell, recorded in
volume 1124, Page 203, DRDCT;
THENCE N 870 23' 12' W, along the south line of said Duke tract and the north tlne of said Waddell tract a
distance of 167.28 feat to 8 set 6!8-Inch iron rod with an aluminum cap being the POINT OF BEGINNING, same
being a point on the new east right of way tlne of U.S. 771
(11 THENCE N 870 23' 12' W, along a tlne Common to said Duke tract and said Waddetl tract a
distance of 20.11 fat to a point being the southwest comer of said Duke tract and said palm
being on the existing saet right of way One of U.S. 77;
I.I THENCE N 03.46' 28' E, along a line common to sold Duke tract and existing oat right of way
line of U. S. 77, a dlatance of 88.01 feet 10 a point being the northwest corner of sold Duke trees
and southwest comer of a trect of land conveyed to Unwood John Roberson and wife, Eule sell
Roberson, recorded in Volume 788, Page 380, DROCT;
(3) THENCE S 870 23' 12' E, along a tlne common to sold Duke tract and said Roberson tract, a
distance of 17.81 feet to a set 6/8•Inch from rod with an aluminum cap, being a point on the new
cut right of way gne of U.S. 77, same being in a non•Ungent circular cur.'s to the left having a
radius of 11429.18 feet;
14) THENCE southwesterly, along the new east right of way line of U.S. 77 and sold curve to the left
through a delta angle of 000 09' 36', an etc distance of 31.88 feet, and having a chord which
testa S 010 61' 54' W, a distance of 31.98 fat to a set 6f8.1nch iron rod with an aluminum cap,
being the point of tangency;
(6) THENCE S 010 47'07'W, a distance of 34.16 fat to the POINT OF BEGINNING, and containing
0.029 sera, or 1,250 square fat of land, more or less.
r
John F. Wilder, R.P.L S. Data f
Texts No. 4265 JOH„n "
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DEED
TM STATE OF TEXAS
COt1Nl'y OP
KNOW ALL MEN DY rMX pg=NTS't
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one or mo», for and In caul eradon of the am of~TO°~' d to as Onmm whether
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hibit which It C maw
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putpoeee,
wela many SAYE and EXCEPT, 80WEYER, it 4 and aU
nnd
ddo to the followhtE kMm &vi urtood and agreed drat j
~uhd on the propawy deeoribed 1 !4 "Id 8xhlbte "n
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tte presedbed, the". *mow any romo ihaJ1 % do two to Ad at
my eu to
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do Stave of teen &r"". on m of In siren Nov ep t the n and ft0a In ead undtr the land hula 0 but wain ail
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Tom Deparunenl of Transporwion
Form 1119.14
Page Z of ! Rev, 0/91
I
TO HAVE AND TO HOLD the premises herein described and herein conveyed together with all and
singular the rights and nenances thereto in any wise belonging unto the State of Texas and its assigns
forever; and Grantors do-hereby bind ourselves, our heirs, executors, administrators, successors and as-
to Warrant and Forever Defend all and singular the said premises herein conveyed unto the State of
Texas and its assigns against every person whomsoever lawfully ci alming or to claim the lama or any pan
thereof.
IN WITNESS WHEREOF, this instrument is executed on this the day of
4etre~tefMfrl4~ef~~if~lf'ofrfreeefeR~~1~~Meel~~e~ttaMle~ee~~ef~~~trf~~M~1~4~eaeMe~/e Re~tr ttfe•
ACKNOWLEDGMENT
THE STATE OF TEXAS,
COUNTY OF
i
BEFORE ME, the undersigned a Navy Public, on this day personally appeared
known to me (or proved
to me on the oath of , a credible witness,) to be the peraoo(s) wbm
name(s) h (arc) subscribed to the foresuing inuaume s grid acknowledged to me that b0h0fty executad the game for the
purposes and consideration therein wpreased.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
Notary Public, Stow of 'ram
r
My Commlwlm expita on dw day of
•M44~~4ea~efee4MNea~et'eaeeale4aaeex ee*a~e~e~44e~~~t'64M~e4~iek~~e~M~fefeN~l~seRief l4
THE STATE t9~_
CORPORATE ACKNOWLEDGMENT ,
COUNTY OF OF TEXAS,
BEFORE ME, the undersigned, a Notary Public, on this day personally appeared
of known to
me to be the person and oftker whose name is subudhed to the foregoing 4awmerd and adcnowWjed to me des the same
was the as of the grid , a corporation, that helshe was
duly authorized to perform the same by oppropdote resolution of the board o(dlrecion of such corporaioo sod drat bet&
executed the same as the act of such corporsdoo fa the purposes and cowl&radoa therein expressed, and in the capacity
therein mated. .
GIVEN UNDER MY HAND AND SEAL OF OPFICE, this -day of
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Notary Public, Swt of Text
My Comm isdon expires on the day of
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Tens Depedment of Travim im
Fops D•IS-14
Pop I of 7 Rev. 9yt
After recording please return this Instrument tot
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z CERTIFICATE OF RECORDING
THE STATE
v
COUNTY OF OF TEXAS,
21
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A...A.
AGENDA INFORMATION SHEET , :7t
AGENDA DATEt April 20,1999
DEPARTMENTt Solid Waste
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ACM: Howard Martin, ACM/Utilities 349.6232
SUBJECTt
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CONSIDER AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE
AN ASSIGNMENT OF A REAL ESTATE CONTRACT TO THE CITY OF DENTON 1
FROM R. D. SMITH, TRUSTEE, RELATING TO THE PURCHASE; OF 6,174 ACRES
OF LAND FOR USE BY UTILITY DEPARTMENT FOR FUTURE EXPANSION NEEDS
OF SOLID WASTE AND WASTEWATERI AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORI AND PROVIDING AN EFFECTIVE DATE,
BACKGROUND:
A Real Estate Contract for the 6.174 acres of land locoed east of Mayhill Road and north of
Foster Road, known as 1401 S. Mayhill Road has been executed by the current owner, Tr•u
contract amount is $395,000.00 plus closing costs. This property is one of two parcels that is
privately owned and located on the east side of Mayhill Road, south of the Sewer Plant Road and
north of Foster Road, The property has a mobile home park with approximately .10 lots. The
water supply is from a private well located on the property and a private septic waste water
j system. As per the contract the Seller is responsibia to have all occupants and structures removed '
from the property. Currently, the tenants living in the Mobile Home Park pay on a month to ,
month rent basis with a large number paying in cash.
The current use of the City's adjacent property by the Waste Water Treatment Plant, Composting
facilities and Landfill are considered to be Light Industrial use and are not deslrable to be located
adjacent to privately owned residential property.
There is a long history of health complaints and building code violations associated with this
property. A listing of a portion of the complaints and violations is included with the backup,
The acquisition of this property would rnitigate future Issues that could Mae with the
w continuance of the existing residential use.
OPTIONS.,
Not Applicable
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$EC,QMMENDA 1 4
Staff recommends approval of the real estate acquisition of the 6.174 acres.
PRIOR ACTION/REVIV W (CoundL Remit. Commissions):
The Planning do Zoning Commission recommended approval on March 24,1999.
The Public Ufllities Board recommended approval on April 19,1999.
FISCAL INFORMATION:
The purchase price is $393,000.00 plus closing costs.
MAP;
Attached
Respectfully submitt '
/Y' m 1
Howard art:n, a slant City Managed
Prepared by, Utility Department
mi"
Char es S. Walk ns, kir:or
Solid Waste
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1 - ~ r Iii
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fin! Plat I ~
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~oaa ~OQO
3
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9 ~ ~ i 1w s A.,. ~ * w
A ! . ] '
NORrN ~~toae~)R.~o
~euTM ROAb
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49 vp L"ll oll
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BITE MAP
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MINUTES
PLANNING AND ZONING COMMISSION
March 24, 1909
Regular meeting of the Planning and Zoning Commisslon of the City of Denton, Taxes was held on
Wednesday, March 24, 1999, and began at 6:30 p.m. In line City Council Chambers at City Hall, 216
E. McKinney:
Commissioners Present: Jim EngelbrecM, Elizabeth Gourdle; Salty Rishel, Suan Apple, Rudy
Moreno, Carol Ain Ganzer and Bob Powell.
Staff Present: Meek Donaldson, Assistant Director of Plsning; Mike Suosk, Assistant City Attomey;
Larry Relohhort, Development Review Manager, Wayne Read, Planner 11; David Salmon,
Engineering Administrator, Dale Hoewng, Senior Engineer and John Gillette, Assistant Fin Marshall. 44
Closed Meeting:
1. Deliberation concerning teat property - under TEX. GOVT CODE Sec. 661.072
a. Discuss soqutsklon of a 8.174 m tract along east aide of Mayhltl Raad to scoommodate
De artmeM - Solld Woats. (Paul WIIIIsmson)
Reconvene Into Regular Meeting:
2. Consider making a rooommends0on to the City Council co=soquI6ft4bn nd
referred to In stem. 1.a.
and secondedby Elizabeth Gourdle to rCouncil.
is Included in a Court Reporis is transcriutes.
(Pegs 3)
Motion ~aMse 7-0.
3. Consider approval of the mGurtee of the February 24, 1999 meetings.
Motion by Softy Rishel and seconded by Elizabeth Gcurdte to approve the minutes.
'Discussion of this Nom Is Indidod In a Court Reporters Imnscript attached to this set of minutes.
(Page 3)
Motion CBnlee 7-0,
CONSENT AGES
The folk Wrq hems are recommended by the doff and approval thereof will be *I* on the bests of
staff recommendation. Approval of the consent agenda authorizes the staff to proceed wK% each
item In accordance with the staff recommendation.
4. Consider approval of the final plat of lots 1.22, Block A. Lots 1.17, Bbd: B, Lots 1.35, Block C,
and Lots 1.16, Block D, of"I.Yynstone at Ooknartt Addition, Phase 1, The 23.147 acre sine
Is located w the sat side of Nowfln Road and south of Robinson Road. The property Is In a ,
Planned Development 111 (PD 111) zoning dWA& Purpose of the plat Is to add 67 We to the A
Oakmont residential community. (FP-96.114, Wynstone a1 Oakmont Addition, Phase 1, Wayne l t 1
Reed)
Motion by Bob Powell end seconded Card Ann Ganzer to appmw consent "ands.
•D',scusslon of this item is included in a court Reporters transcript attached to tlds set of minutes.
(P age 4)
hJ05M can os 7-05
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Coodenselll
Page 3
1 PROCEEDINGS 1 SS 1071 through ,085 of the Open Me-,tingl Act.
2 MR ENGELBRECH Good evening, ladies and 2 At this time we will tdjoum vi closed
) gentlemen At this time I would like to all to onler 3 meeting.
4 the rugulor session of the Planning and Zoning j
5 commission or the City of Nriton, Texas for this 24(h of S MR. EN'GELBAECH At this time we will
6 bTarch, 1999, 6 reconvene the open ll t the Pi 11
YZa, hic
7 [would like to make one announcement. 7 Commission and we will take ke up Ile umber loch is
8 there is on the agenda t}xrc's + statement that 1 to confider making a recomutxndation to t Council
9 indicates that we will be taklrg a break around of 30 9 concerning the acquisition or land referred to in Item
t0 minutes around 1:00 p m. We will not be doing that this 10 1&.
I 1 evening Hopefully, we will he completing out agrnda 11 Commissioners, are there any comments,
12 about Nat a 4e flat is our expectation We will sec. 12 questions of stiff, or a motion?
1) The first item this evening is a closed 1) M7. APPLE I would like to move that we
14 meeting, a delibersuon concerning real property under 14 recommend to the city council approval or the purchase
15 Texts Govemment Code 5.. Lion 531,072 relating to real i5 of this 6174 acre tract.
16 estate And, Commissioners, before we adjoum to that 16 ms flovia E: Second.
17 closed meeting, Counsel has asked to ales crake a 17 Mil ENGELBRECH: Any discussion on the
16 srotemxnt at this time 10 motion? All lit favor please raise your right hand.
19 MA BUM In addition to that item I on the 9 Motion rartlel unoml ammmmasmA
20 agenda, you hive An item 5 that relates to another 20 s evening then Is to coesldcr
21 ,natter that you will be considering later In the Mmils 21 approval or the Minutes of the February 24th, 1999
22 The Open Meetings Act, and as it states 22 mect rig,
23 there underneath number 1, says that you can go into 23 Commissioners, are there any additions,
24 Executive Session at any point during your mating on an 24 dr;eticns or corrections or comments with regard to
25 item that's allowed under the thin Meeings Act. 21 those minutes or a motion?
Page 2 Page 4
1 There are some issues that are going to be T MR RisHEL t would like to recommend the
2 involved in number S that when we get to number S later 2 approval of the minutes from February 24th, 1999. +
) 1 would have to irk us to go Into Executive Session at ) M6.OMADIE Second.
4 that time I Think since we're going to be in Executive 4 MA ENGr1 ucH Any diseussi on? All in
S Session anyway. it might be h nor for us to discuss S S favor, please raise your right hand. Motion curies
6 concurrently with number 1. And so I would ask that if d unanimously,
7 it would be rime with y'all that wa do I and S at the 7 We will move along then this evening to the
ai same time 6 Consent Agenda.
9 MA. ENGELBRECH Any objections, 9 The following item is recommended by the
10 Commissioners? In that case, we will also in closed 10 staff and approval thereof will be rActly on the basis
I I session be deliberating subject to the certified Agenda 11 of atarr recommendation. Approval of the consent agenda
12 Requirement or the Texu Government Code SS 1.011 12 authorizes the staff to proceed with each item In
1) relating In consultation with attorney, i) accordance with Its recommendation.
14 And I would like to also read, "Any final 14 We have one item this evening: Consider
15 Idiom. decision, or vote m a matter deliberated in it l5 approval of the final 'K of lots 142, Block A, Lou
16 closed meeting or on information received In a 16 1.17, Block B, tats 145, Block C, need lots 1d S, Block
11 conference with employmi will only be taken in an open 11 D, of the Wynsiorto at Oakmont Addition, Phase 1. The
it mating that is held in compliance with Texas Oovernment if 21,147 acre site is kscated on the east aide Df Nowlin A
it Code Chapter SSI. T?e Planning and Zoning Comurlssion 19 Road and south of Robinson Road The property is .n the
20 reserves the right to adjourn Into a closed mooing u 20 Planned Development 1 I l toelrng district Purpose or the
21 authorized b; Texas Government Cede $$1001 on any Item 21 plat Is to said 87 tots to the Oakmont residential
21 on its open mooing agenda or to reconvene In a 21 community.
2) continuation of the Closed meeting on the closed madng 23 Is then anyone present who w,Aid like to
14 items noted above In aaordana with the Texas Open 14 speak to this iuuti Anyone present who would like to
2) Meetings Act Including, without limitations, Sections 23 speak to this Iuw?
Page 2 • Paige 4
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ORDINANCE NO.
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AN ORDINANCE AUTHORIZING CITY MANAGER TO EXECUTE AN ASSIONMENT OF
A REAL ESTATE CONTRACT TO THE CITY OF DENTON FROM R. D. SMITH,
TRUSTEE, RELATING TO THE PURCHASE OF 6.174 ACRES OF LAND FOR USE BY
UTILITY DEPARTMENT FOR FUTURE EXPANSION NEEDS OF SOLID WASTE AND
WATER; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDINO AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to execute an assignment 5om
R.D. Smith Trustee of a real estate contract, in substantially the same iorm of the assignment
attached to this ordinance and made a pad hereof for all purposes, for the purchase of 6.174 acres
of land for the future expansion needs of solid waste and water departments.
SECTION 1T. That the City Manager Is authorized to make the expenditures as set forth
in the attached assignment and Real Estate Contract.
SECTION III. Tbat this ordinw a shall become effective irl r1l:'Cuely upon i" passage
and approval.
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PASSED AND APPROVED this the day of .1999.
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JACK MILLER, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVE ,
D AS TO LEGAL FORM:
HERBERT L. PROM, CITY ATTORNEY t"~ fir; C;
BY:
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ASSIGNMENT OF COMMERCIAL CONTRACT OF SALE
Date:
Contract for Commercial Contract of Sale:
Date: January 21, 1999
Seller: Clifford H&W & Vinson Harper
Buyer: R.D. Smith, Trustee
Property: 6.17{ acres, Gideon Walker Survey, Abstract 1130, Trod 4t. Denbo County Team
more commonly known as 1101 Mayhill Road, Denton, Denton County Texas,
Assignor: R.D. Smith, Tnulee
Assignor's Mailing Address: 1009 Manhattan, Denton, Texas 76208
Assignee: City of Denton
Assignee's Mailing Address: 21$ E. McKinney, Denton Texas 76201
For valuable consideration, Assignor asefgu to Assisoce kill of Assignor's right, We nd inteeu
in the Commercial Contract of Sale sad Amveys to Assignee all of Auigoor's toteresi in the e,cls ing
contract which Is attached here la.
Assignee assumes all obligations of the Assignor under the contract. Assignee agrees to perform
and be bound by the commercial contract of sale u the buyer in it kind relieves the Assignor of any farther
liabilities of the contract.
This usfgnment shall blad and inure to the benfit of successors in interest of the pardes.
ASSIGNOR ASSIGNEE
R.D. SMITH, TRUSTEE MICHAEL W. NZ, CITY MANAGER
CITY OF DENTON, TEXAS
STATE OF TEXAS
COUNT V OF DENTON
This instrument is acknowledged before me, on M day of , 1999 by
Michael W. 1u4 City Manager, of the City of Dentoo, a municipal eoelitm ion, known to me to be the
person and officer whose name is subsen'bed to the foregoing Instrument ad acknowledged to me that the
same was the act of the said City of Denton. Texas, a municipal corpontion, that he was duty aulfictriaad to
perform the same by appropriate otdisanee ofthe City Council of the City of Denton and that be executed
the same as the act of the aid City for purposes and coulderadoo thenia exptased, sad In the capacity i ~
therein stated. t A, r
Notary Public in and tot the state of Texas
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STATE OF TEXAS
COUNTY OF DENTON
This hatrummi Is acknowledged before me, on this day of . .1999 by
RD, Smith, Trustee.
Notary Public in and for the State of Tem
ATTEST:
BY:
JENNIFER WALTERS
CITY SECRETARY
APPROVED AS TO FORM:
BY:&,4L A4....,/
HERBERT L. PROUTY
CITY ATTORNEY
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S:02 DoeummtKmfteu%WSSIONMENT OF COMMERCfAL CONTRACT OF SALE doe
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RANDALL SMITH & ASSOCIATES
NORTH TEXAS COMMERCIAL ASSOCIATION OF REALTORS*
COMMERCIAL CONTRACT OF SALE
IN CONSFDF72ATION of tk rrsfuaI leetra, pro+arore, nottxeAS and atrmmres ooraaied n do Conncl fde S'nn►aet~, de puler htsab
ogee ar loWws jCh&k err bole, opp"k to tAlr Cowrod, Seu, nor eMekaltb nol qop~ fe mbi, l'wrlreet j:
1. PARTIES SL2AODD IARPLR AM W141109 UPLIM
shoiretadvulr.eyw R.D. *CTr• TUSTCS rotr'Ptnfujai
nnJrrelsserifuthuy an r4r rem the Pnrpcnytdefnedhtrw)
2. PROPERTY. Best' s e• 174 ACU I
anh an adkv.4%el l{Oi a. mTnUL TOAD tlAe CIY aODtTpe {tol
DC'e'moN _ --_Coudy, ltUA, d dls.0. wA=aaI niR. A~lT. 1!iJ YR\CT {1
ylA «aider doEahtWA,SVRVIYA"Iow
LlCA L DESCRWnON, arWoe as shuwli tit It aWWI D. FLOOR PLAN AND/OR Mn PLAN, klether %lk a731V
sirgtr6r tl'
IkAai and at nthts Ml upparklomes ptrbimMj &-mio, or L&% arty righl. Irk and itelea of &lkr n ud to sdjoeats, alicys t•
way. Such real eatnte, nfvuvwwnra, rigtow and opfuumrres am cobctnely tefcmd b as tk'Property.'
D TbcPropcMaborrbdesrsluesmdanilsorpasmnlp
ompt ed 4d,xffvdi+A.1,1.04 -A PERSONA
3 WRCHASI PRICE Tyr y acha,e pree fa k Ptopvly e S (d. up - As r
D A. The Put.hese Price 4all a s4sicd W or do*% WN 14.tt Me Atr ao mr/ Imsi raaJ an►Met Lod n ~s
Property dekm ned by dr Strvey. 11e.ppkahk land afn shot be mulgEd by
Hereofahoibe&wedeP~ &imPtieNCk%M Jlr~(r fJ~ 0
g,,00, - a;
9 Ca+hpyadeotCbrnt; 'l`C i~~~~y 'l..~G
-7 -ty
Q C. The "me of The Putt tam Prae anon be pylbk Della kt t sOW&WM A M B, InN O
EARNESTMONEY.
A. Ium, l Moeay Der-,- K Wlhn Iwo bow" days oM Ik ERatlm Flak of" CoMmck Putha,er ,last depai areea many b de
ramofscerVedor cashiesc!w- llmOwunanla'fane nn EvoalMutrY~pyablebV/A
r e r
(ihe =Tik C rP'A n M capeiy al iieevw ones
b he heldn taeraw pusuyr b the ttrent dte Cratoaet Sella au'ge Cuttyct k r.pnsyFj ceetdernod tgat PucSawre onoT alp~,1
at the Eam l Wwy wih dw 'rink Cwrpany. I( Pathastr rob to teoay deptae td Uorme Matey Salo rlry, as Selar'r of9fioti Name da for
Cwku. t by delverbI a wrstee letmiuflon mfkc b Ptrthrsa. No(*Vv m1V amlhft limit to (he tonlRry, a panWu of One Fimta b the
atnowe oT t ,ho I k nc*t fur&hl• attd shot bedeabiud b Sakf a Cfatht r Ww Uartbeeoa of Ihi C4 u w
741117 ud ••y.n,c,l ccomm do alga «sere/e perromu"': wNict No cewmaet If We cn.v el b ppOrOy left Wed ~j PlIchow ~ lb a
nrintkm puled b Muthoses by any poytdnn d% C«esac1, of uy slledolAddelds de Elteea lfosry, ksr tfte oat RhedabY poa»q
,Ilea ba fa mRa2y tefuttded W Ptuchaaa, sot Orepnra ahol hen to fudty rtlaa a obljfaliwr taldrr this Coobact (exeeq far loam whkh rut'
sapessy arrb{ da Fan irrdon} The Fine! Meer Q eWl O 1IJI nal he plaeud h en itferat•baasbrt accctW by dtt T6 Cayuy, wd atl~
ideea earned dtcT:on shor bec ame a pA of du F.atneA Maley, hi tYwitt Aa Eanawf fsdtuwy gas be apphd w da Puchwr Pme.
R, =acne. The Earsrst Matey Y &podted wO the Tik Co"p" wih h udurwo O Del Oe Tilt Comp ny (I) a ml mpurlbk fa
dre pManrunce a tbn•f
r Kent' ~peort' b Udi Cmbsee, and (2) b tai Ybb far bMRa a tk Reb hetl latiu. agand b {a,
The Tl1a Ca~er~y slat
ier ttrke deot.bddy dr paten atey de Tek Caaiwy ilnl ire nuke b Orc n/tn put' of dtc Teb CattpM 1 utltoriesd an!
dkevyc b Fauna the detnuld tnku the odter Orly Sian a writes d ftlien b the Tile l`unfo ry rlhh I n (1~ Jye slltx the Tile CatrSsp ,
note e b drlfatrty, - - -
SURVEY AND TITLE DOCUMENTS
A. S wevey. As soon as m wom* poabk. and it un/ eves width fwetay (20) drys afu one Flfadve Dote. Saner &I of Sekfr eepera,
do lver a came b be dehwW b PumN= o eoq of s ewred or tpk W our! prnrla unT (All 'St or dd
a Re Prdersimd Lard Strveyor nib uupubk b fk Poreyu,er The Stwey shoo I chew the bums eid s re er al or 6e earl
r a b the P V. f ort wafitp, artaastowsk, Jute . lo"Moea, marew, rylar d.way peudustorr eeesteadmttrr tutesti
lttea,104ym In P" W* e, ual fuadat WMLAM Of aswltoetcdbt6ttyeptlr
A m. 1Td S t to a f rm and of I law e<ayf!abk b Puchoarr nd to Oee Tik C qr, ud h Ice tw Tik
Camtwry to tkkm the,ure
7 a" a (000 a b',hortetN la oral) hall do t Laad Atase m IM W 1ma
of du Pmvpely Mrs dw Iona omit itcbdcd In dill YID µ ~.wwey. ,llwyw ~ ~ l I
emaehasenu on or k
afar SR r' It ft (6)vr fkww [p,yb~Is ,hsi be u dclited by oe Fe" Iffo Mrrpttt o Aunt y
w 1r IFr ta,aoebm dHaiad b Chit lralnlt 1 dtee sot ebe hdt of Se r Vag
pte„ded 6
Porapyrt 1d.C, Potbuu dtar py ra the Bonet' m &nrnt At Claft dw nelr and lnudt ~~iOn ro Of All pm" mhrW b&Suvcy
dell he wed it Or ww m&y clecd ud any o0w doeruera retgtkktt I kVJ doar~tua of All pro".
0 Cop*hl IM NrCAR rwa DI (W) t at Ll M Fait I
9
{
B, Title Cswmlm4nt As goal a nawnahiy panbk, and n any true wd,n Iwe'sy t 4t1 &rs a4er the LOective Date. Seller shot x SiAvo
e=1 lvet a carpe debvaud 10 Puchaser t I) r lik capearttad(Pr 9 L'orrrnintrnry covertaE the Prt~p~1~ =I r le C
evs cvwa~r PoEy 4 Ttk Ir itW 4 Tiit Rdrvjurl tha sbsdAld krNprtxnhJ by the Tetat SWe )areTiLC:= ~
Cbnid,p ndtfuE snorer of the P echote Prot rw Mid P+achueh tae k blk b tle lhvpaAy b De IaoJ and atdehu ik, etbjet adv b dt
PemieJ L.w plprr a Jefaoed hbw 3m phe IoMwe 4 dtcwrn~ IcoiauveM, 1:1114
?ik Dacuneaul h) trm spot capon of J recorded
n,mananu ottel•tsol & Pinleny And rat aed at auerum n d4 Tile L'atrlstClL (b) a current pA unftab and (t) unites Trees to I prod n
raraQaptr s c
C. Special At atowwel W Irku. If fie PIOpcrly n toomkd w'iM t WAyy ,fsn-i or Ibul control drviI ttbjsel b thie ppooVIAwwM of Strut
,4p 'Oil. Tems W.kt Cable. then ScLr Ad awe to rmloscr rat part or the ftk gauaeals the tegoed wrOre soles Pochosir ageait to
a.ya,ouL•Jge rcactr At doe witc in wrfrrt. Tla nuie rnM set (ash the cta'Rt rw nib, die c,rten hondad icdebredasf Ad the ewhated
ndefte ht ut the drnal. and murt cwq* wdt al other upplkahk re,iwtmenu o(dx T'ccas Wala Code. If the Property to soon b wrel"y
nrmlrs n a m ~,W uwmu^ 4•►v M Wv Ptechuwr n(the cutcri armusl Wild of de proparry cwtiro' aasmwtia aid dr
14nnt auvwvrd fen, dtee atda a xssrxru reUtootE w the I'MM(N
0 Abstract rH d► a e d the etatun o<dr C Mt<racL l'trelu err aeboow k~{a that 4 e IIr drrt r) tdrletnd kbw) hove adveed rd heNln
ablvpc Pteclrser ab~ lha vganl, 4141 Funlwer sbatld htye deb aralrut catty" dbe Properly eyttsr %l b)' an anorrry of Prrehdnaa an mirma or
dpr Pwchusef ohw)bl be (unrclod nth IT ALF a piney d lick Munn e
6. MTEW Of TMI DOCUMINTS
A. ReytrwPel(trd. Pocf4saJolks aLatr (LO )&1%(de'Rev4wPrrixMellarPurbaa'swA*
4 the leer of (il the stnry, (a) the 1'Ale t.'nrwrron mL lip fie Tek Mcurora, snl (w) Ii cAkr docarenq req*W in he RMrrlxd by Sole its
ikmted on Addesel A. PERSON tiL PROPERTY. srd)ar as Adt(erelses C. WSPtC'TItN . to rem* dam If Puelow has nbptiew b tbt
Survey, Took Cos ovum. or Tik Dot ~m, FAIL hood rpoy dtbw Ow oljeclpis to Sekr n Wc" widrt lit Review Pend. Any err b olmh
i'urttoscr dose race objacl Ahrl 14 demo) a'1'rtrumblFugAon' hems dust the Tile Compty Ikdrfrt a b be alrned at clt" Ara lot &MW
rdjecti rd b)' PLARM.er P,MCMsdI rp1oM W 61116X1 wCu the tare prevded del tee a weever e( d4 rok to obpm If Rest an a~rr,tippet lrl
I'un lrser, or a Chid prrty krdx. Seller that mdr t loud lath allaro b uWY do abIecbau *tot ten (10) dove 4Aw rK* of Prichrers
oboctmt (doe t we Pmel, NA Seiko a od n'qureJ o iris my cat so do to 7,Ann4 nnkoracs and & ko rat cnarerr bop an downed b he
I'emulcd TAeeytrat
9. CAN 11101*4 If Sclkdrs~cued teheM dr aF~t " wN,it 60 Coe Peri,tt Sao "I 6Ave i *dew Moro ID Prechter. prior to
~s ~ eMa rr it PerctL
'Otte 1* full culd al or (M 4jetticMd M a kCnwia oillpoichm so or dta Pucla m Lmnm~b~ 06 Iulie b Sckr rm ahfoN the drier b aeeu d' (i} doe rlek whcA it nnr (7► dly~ aRrr
dt a~iMtat of pr [~1n CmP~troirot 4 w61" r
echdWro"
akd
C61u1 Dale If Prechtter proeary Am tinily tcneoo44•e the Cavul, aw porkdepbs riar" of ibe Iampr Money a.l he irraldlbly 146Mtrd to
Purt lover and nether ram do burr su rtdW rr 440rvs prole Oki Cwmarb (atie¢rs for draw W*h raw trgMrry lorvhf de lrmitar dtho
Cwtktresl trPurchaser does pe propr1j aid tirtty Ic Ii I. thit t'antmet, own Purchaer sbal k darned io lover *NOW any trcprd abpadrr ud
prow acceps Ruth Irk At Seller it able m itnvc'y of Chs4
7. SILLtR'SWARRANTRSANOREPxESENTAT)OlVS
A. Slateme 14r. Mn tolno otls awl watina b Puchew o b" bad of Seldt lmwkdlt IM falswq
(1) Title. AI Ile Clk* ft lvlr wet love dt tyht b aM s ti r4rNy b I echoer land ant prk(eatrbk rep JM4p(t IIk b for Pcepawy~
and c kr of my w J at tarn. rnroarmo s, wreconkJ etwmrrnl~ unity itlo sxa a ad odrr n+rtw haK.o ewpl dr PrrrlYd E rMpOarla DM
o(dve Tale Poky pro►te to PmApprA Ii bebw wa be dprrod b neW(y dr ahbptpa of Sake at b Oa !/6ciecy d IRk ngrrd tatdr tr
CanncL I loo ever, dclvery orrhe Tole Poky *a w ralem Seir from de vNreutte skittle bm knb b do wa, I" deed
(T) Until.
Thee aN ro penis k pNruoa O(ary (rrtiat d 114 Prape:ty at lpseet, sods al sdfasmtce a Mnprstrn r+pept leorr
wkr WRitcp Lost$ dowered to Puchoter puuaee to M Ctntrwb
0) NeEethe Csretlreee $!>rtdolnat 400 uarn0d d4 PrtgtYfy W Ab,w so ostatdsArt:A yan dre Wk he go Piks",u nA*
~ tk tame err ctlaWons olary IaiairE kaoe~ caaralr or.ra tubrcar, raq, Ile tvrttlca carped of Ptecbur.
(4) Ucns tsd Deha. 7htia ate ro t►tMpi'a o ro SlpJaso CuslrrcYdCuk Imo r ursudol in ysYd dw rd Soo
vh,l rot slow am .sixth lea b much Ito de PnVtp pw b Ckwt% W it;o na niche aered rat of do CbdtE poeeack Al tx~t (A' Sdu
rive rrAat dt 'sword ~t AW Arlan of de Pti ~fty And ray tna isven oparorod too der Pmpcrry' hbdiy At te( ititd W. 1qr W"
aomtrtasnro, abed, casra ls, mid rimier a~OeRrcn1, hover hen PeJ err wi he prd prior to Cbsiy Gegtl fire obhlioZ Pod avlko DIIIII At aN
orurle in 0r Cotincl fee pranhTj at CWrV AM. anv irkkc&m MWn otelrloto is a a sto wl doers nA 1e ee obirrkatr CM& wh Nvoct b die
Property o a~ianding At of Cbery
t'uc hssertd LMErtlao, Thva i< ro p,atky nr thearered R~tti+a asyirrokurL tr rtetltfwm afakllirl Ik PrMPerty. leer Jol Ram* ft *W any iilatyrt ea.imeetlon a saaacsrAnd sRatry
Ihr Prnperey trbrb r arthacd A11er W r 4111 Orae
(p Usk rW Do ip ca. Ms hu &%bocd to Pvc1w ry and at ossoN eaodo Its ds newt r Apra with raryect 6 in hoporip i ~ t
may Altar ft hou er pfery o(eq tow a acctKre Of ON rmpuuq. 8teap(rf tlYck tl M >•rtlel by Sdrt b Pueirer, tit p~M1rAp how
sw bunt kterd drm lulldaficu at earlseltn t1tfa6 aft sWeritt sxnn, sell law e(dr rtpwaneAt he" blow aomm W PA Ie1, 'L iwlf
b be a polentnl tomb lamed to octomms rd at Pwprlty. purtha r pbnow dad td Bodsols) otw am ml+ OR wyPlatbr a
repraaerdstlaro nih it"( b d4 eooWM A(dr PMP11vl n ndrswke, ed Ptnhoar s Mlsir raby WO P04AIWr O" YlraORM W lee
tepeoc, to ro or leis, f aq Sekt and Ptrcbnwr spot b 1oH dr Ilia**)
O Capydlbl l• I ATt:~," rwIA01lI+W) r YI A, nM Pole t
10
REM
Y
c
ist
hrnrnkss Iran any and me dim m ebim. coon and r.1mrma rfemy kW odchoncW nsaaool kwo a rehkd'a to Aaybibg b art Rtaiss(s) r
PunWsC u(snv a
. Morrecl at rurcunle eJat "im wrh at pmt 10 use Pmpmt}, a .YCll s c
ft c0ndiksm of dr hWery orrteabq any sassing nfarowdw erdv sespraro b
IT) Heoardow Mvae rids, Eacefa at 0dmrvoive Smbwd n wr61f by Solo to birc(awr. Me „wnay tW faMsew del is Psopeny
leclalrr< dr mpravemrres beard Jrnvsl doer not caw" arty flamrdota h (Jel'oted bekvls} Ptnfrsr ycyowhipe rbsl ctirm and
Enos lednal mum. wA L ui krvY and ram6rtwe eery tequrs ny Harsrdwe Moog" w Ie command a dac spar d io-w patens 06e my hove
lad Of cu uw $0 hew am' nk"A in live I'mpery Tint tgrooC of mb msmnl tesy N ealemmel Pathuar Siam selm ieo ON
Omken s l Pave no e"Mw •A.111 w9rcl b Hacudw MWkrab. nkl ouph lk s) vi dicbeo W achrl kaaswbJpa ie Brol rr(rl tiny kte
n(ardn f dt r present r,f HewJae Maternk un is Tmp~tr Pucho+er aver a wky to ap~au aad pofeaslcrrY >tal=9"W"=
11WOour is u,h•ee Pachour *A aspeel b dr eOndeim d Use PrRx ewl V4 me bow ON HMWS) rarparllit for AM rmdpni n bin` ro ar Property Sa►i Wd P40ow air" to ialmdv yfibW and hold
the Bmkn;o) hrrmkm Gan end aping my Ibbiy. chic ~
~kbt.lamrat• Cmt ateXTCrce. srhalil' bus na IsOftJ In rersarrhly attmreyt fees sea coun casik mkdef io or artrref ase of Har:dttla h4rrrh
afftc<nR dr Property For piposes of to Cammt do lam llamdms Murihc mmas a* NWotR Isom Nlsmrrea, oir, haandoass
wrM,
Pslxdaa" lcmlL or huurbrn aoMurctc as rkhmd once puuen 10 th RCW" CWWWVNM ant Recrnay Act storm uded the CaOpdnme
bivivnmsal Rerptw, , Cretycltauo" uM i.iab F Act as amet" tlw Fiabral Clamp Wow Ad U Low" a aw arlw federal Ask at local
'I'vnimtnul hr. rcpubtna WJMMC rule. rr lybw. Whcitr rdnory al urdw Effucp.t fMsn or nbsupmb aftwvl
MI OPe rUlan ut rk Pm rty. ArWr dr Effective Dale tud the C. m Dow, Saw ief (a) npo sw als Proptey is ie wee error u
` ~opWttr ahis d teraape aq ray lee u 1Wc Propavy in die sum coa isin Wa in it seer =am as tawl oa do Elfsuw Dow. swap fa b9L
ckvt Reav dirs. !f Pvrchooa dbcOVtrr prior b a Wap dnt:rry of Yvrids w.rroa~a „r rcpaa wtaa iwa beep mire(~uymead or is Laccrw
u ,
WAY W* Seller pmrs{uly a wdel, arrd . let may anas* b eared to ramify dot mwegrcomrepoa W UNWisty It dw
nrorvlrturnaum or naccWaty b roe rcmcd:d ptx W Cb"%Ipap WTtwn notice it Uer, Pugchrn my (a Mrad b Cloy Wibam WOOM, say
cbh for beutb of volrarte? or lnirepescawcon or (1) dickyy Ciare~, l Sate BPM is slle dabv, led gag i nl I dines alkr is or
tearpavoaAstno
kpcraacy . ra ati l a I air steer ere PacWuKs same ieo Gr JrGri by Sekr ostdQ Ii l'aiasco
a. NONCONFORMANCE Pu,aam hoe or wf kal.Trealcre)y nvessfpw and hrdl• b Prcflsds %Wmcdon d10 extalt of r y bristlaM or
I►+innaJ elsa of dr Pmlrrty Pw bs w nclaa,wk*N OW doe rood ur of it Prop ry or +k w(rovaa cea l,eabd rn eke PR pnrrfy (or mtW) marr
WA conform hi gPk'sNe adenl Oak to raas4al bwr ardiwlta, Video er medalists. ZAVft penriaed asu, lee bnream, Wisek
mqurmvenk, MOOM'an Posul rcq+sm.tt. br iar on coven fe of iapmaaarms b lalel mica d hrA ra)reareos o7 gM Atastemes vies
Dietitlaa Ael wel6rdo tr Vcretr td rtWtT nsvxan my free a rydteor eetvrse bspoat stpm 0r siessdsd tma a(dr Pmpeay by PM )AM,
1 vOever, (Ally r "Urt o(mrq themes ,noun mncadmmu►e web fs~sa
Yoe
ay l rr k1ta1 b•nardalmc
sk.avw oars b Pucbosv. PtnWaen D not my yql Salda womw~s eo . O two a re~liaian, ad" 11111161
air Prapuy or wkh fisfecl bony ao wwawnrenf ft Pmtkttr. rrpra"nrl °°r. rt d for Hmhr{t~ rorraeor is Panniys/ trot C(
9. INSPICTION. XWCk. mrf
i A. !N etleo DWre6 Purelrecr deaip b 1 Ile
AJJrndrm C. INSPICi7ON. X01 P" ^y 1e4 w Puc(a er e1r ryN to krpcl gWe Pnperty r drerissd In
D t,~ lrPecolas Nee Necessary. Pwtheaur Wiese" adpa also Peels his I.rgtrcWd art Prq", beckdtaS ad b"W ad
an I is nmratr * htniar Will Is twlsstt Pwtkrr laaeby eetepes ON PXMM is i pretm 9 1, wsls W ads ae awn be
caned by nomml war od Iarr )eve W L'knatg, ba wdnd Nwih I'uchnde rilos lq vtiw of irfrfs trpeuooiMisrr otdwoeader
da Caswcl Crossed b
I.Y. CAWA LTY I.OSL A) rib al less b dr 1 mpctry otef man Kaw yule pmt by ia.Cklsq tf, pot In da Ck~ i'L dm P r
rr dc:lrayad by Ile rr Ostler eaamly, b a Mlwril EAM IJdkrd IVWx PfjMW try tllir ~sirts ty Comfort by de a MOM
morwtn" "Dote W $efr mddh its ay, aliu ie bosh serails, a ebtA b this Lf pew b dr CWS is r _
rsmeky b less Jrrt a h4kvrrl ftk9ll tk poetics said ppRr eetxl In C~r~ rpwtid brew If fk aMvrlwl YP b rmaa c oroow
vllrw at or vhn tnataoti shcra bf be ro ntWewm l iC Frtbrw Prke aniScir"a( Selo (Q f ' Ire
r~ ea io dd is
So►1s rrpurre, r rcnda x F umtib !ar dm aaae rues d r-palm Oa Pxrsrh by eb+wf iv+ssfmse -to .4 P* 4cbft d 1 io soil fJOIN apsyakk
to Fekr K do: Cb Wed. a l~,v ip Is P nh mr of d Su►~s r~ alai WKP r say saratrt Pact" nwtbo faw Ir &MW of 6110nclift
`d49 it'n ty n I Iis a preN I F o~ edi If*. 11W Wrm U WfW K *M" aaoon Amnp or d' stW OF he ea( of raprL wl roaarb f Ir
I+ndr avaadc is M rf c c brWlbtioli dcoca ad foram ( I0%) d did Purchsis Pres. if is ahem 0(Jrye or iY Now of Mawass patoab Its be
)sir b ebt Cbaq Dow. W to tgWm ra Mt obis W bit caw MW peke b do Clo" Dais Goss porn
may lodfONr du Cbtsq bow Wy do"
a wmul +arw to tk ula ter apeetl}iq w u^darsloJ Cb's'f fWsw Wldt'b . rd Ron Anl Mtn U01
drys Aci die pnvws xh"%l Cb/K! ok
11, ASS MNtNT. rChrel aa~eie~
O A. Ae oltjmswno PmNlrlsed Pwthusr my not aaapt asi Costal wMw 4mWo (ells "No erawt
a R. Anilamest Puebtrl I'Onlemor are r r
aw`n sW)r Caravst pwtibd fs aastrtr in wtai'I as a6(Mdoas said bdila d ~
IhnMtu rake it C"^nMt b wlkk ewer Put:hsar rhsf be nekved assn RaM kUbr t
O C. LJrJerJ AWItm it. Pw fam amp Ida prey f !
pmma ar a Wruvle 011kta, at (l') a oil IM sw am *Nmd w hrgy d ie AwMar. Puehear ~f M b tab lark lobo +rdf ~ ib Cc b d or
anommi lea rtbbd party rtfaR aA+ eon
O Cuiriot 190 WAR brmot (LAM) IYI f1Nf
Fb" 1
11
(
li CLOSINQ
A. Clot inn Data. no cbteg ut tk Inrmac om deserbed o thim Cow" (the 1Cbftl "I he hold at 1000 am on he law of s
snaJ: t] _ - dryt am do Elkctire Die: ut ■ 30 days tier to eTntbe of t e keaew Pared or brpteoon
crud twhLhnw i 4r r ur O on x A (,k Cbey Niel a de omoaa of de M
of tr addrna tbkd babe Ibwerer, f soy nhy~sInre ' h ti ~e rrodc l,y Pve nor pnud b thi Caebael how cot btair
cured on the ached Ad C'14T1 Daly pan cater parry nay ki dabe nt b the writee motom b the oder p ty
gwc"an ceerded Cbsel b wash a hA m" n daily (SO) days soar de pnwaly Sc Cbaay Daft.
1. Se lic rt fleabag Datratetu. N & Cb3% Selo shol dcNe to Prachaaa A Sakes experte
(I) A duly euxtud PAM atel a Ceram WarriMy Deed Q Spscbd Warrary Dre1 lwth Vvdas Lim shoed '(rot am*
pvcieed Fx 1 Ex qt ore Property n ke srq! aecit dab b the kp tl d.:r>rlsrn yaxwzl bry ih svKyof as clown om the Su ey, rbjaet odr to
Pm rm
rfr eptar,
(y) An wS &wd'rak Cuarnnat wwrm(%the Werwrier for th'llck Cun;wiv b tbtu ptonptly aAa cb*g the rde PC Icy PWAW
to do Tek Curmatttrf, mbKet orgy b do Pemrtrd E.VApscot, n da- lW wmas of riot Yvcfssr I'me. dried a att to dare of C ts$ ad (11 a
or 1 12 wet ^.tn ca r1 teMd rely uw tf arffecile(! w/r th urvey smrptrn dekr l x Se it rs a Dane bu rot as b ldnrlayn a amt
or Q hr rutty exceplno deleted >t hi'Irue1's erpree (!ar nd m in •ahMapa n am'L
13) A Bti of We comeyitg de pnmtl Mnr" dng&d in Adieu A. PERSONAL PROPERTY, pee and ekv of irn, sec"
meters an) ereuebnmet, nbtect arty to tk Pmrtttrd l:scephme (to the eabet eppkebkl.
N)
an ne on of s Pro d oral u veld exa rg kaxr and utter appicab4 Pemned Except n,
) An tsauted al lower
(O) A cwmrt rent rol "n" b y Sekr b be amplete AM smelt
17) Evslerec vt Sei1'r strhmrty and capxq u clsse Od+ ttvrnurc
1R) ~ utter a+cunsb fe+rrMp W} mqured try pct Tlk Crnpaery b ebae 0ti uvroctnn
G Patehatera Clang Dctarrfrla N Ne C'bsila 1'uchra 11n1 driver ao Sala at Yuehleur a egwree.
tl) Sloe carte por0ofl mf d• Pvcbre Pop. wrh the kirratt Moen M bet p rpl ked dote b
UI The Nola rd de Dred otTrud Eam,
(d) An Aansnp_wn Apwomt in recordable formaoresel to pay al oo marixr rryabb user any tram of t e Property,
1~ F.vderre of Puchasara aralaxry std utsws a core dra Yneretott
Al ethos docvmrra rsasmnbty tarried hr de Ttk C'tYq,sly N okra th ttars~xhwt
D. Cbdrji6e214• lwb pry rhJ p1r u strut oftk eWary xsk whch an aaeonviy pad try a Yelr ur Arclras it a e>tmaratom of
Qu ehruerc in Ve co,rty them th Fmp" i iw Ated, m u gshamm agced
C Plmradests. Rags, Issas aretrme, ir" tsnaame . mU.. mertemmc c greaser opmartti rl and d wham f
for da year oYCb" s it be proraw at 1m Cbm` c&curO 11 mf the due rf Garry Any rmosry tlapoeea ldl it oast bO dsFeedtaso
Pum tswt ul dr Cbtrty VJe Cbtib nceus balm de tax mtc i died br the year aciams thi spportnmmr of de tares rid be tbs
lour ofilr ux rou tut rho cdny)eu sppird b h leled eatetaosl wlrimt by any dilcrcrre betwee n eruerrd rtes br bs year ofr 6
Ord ft pe tc(wl tmsss pad bLPPuclra she be adjured evim* betwom de pw w +;wm pmwt4payrrvo of de races by Puchrsn. 11r
Ord rhoauwnedeinsy
C
F. Gan Assurip" VPuchamo anunw so Glatt mxtpmsp Imm al Clete, Pucheaer ahl per (11 b the bola apmpbm in
cfaryrwl by de kraicr, and (tl b Solar, a stn agtrl b de afrtwat n rtetnt m muu holdby rive Yrdr kt the pmyi»m of andim
seltartre Pvehowr thol etatrt, u thntsy,h,n 410 otgkrre trf STILT. s petld of TruA b Snvu Hnt~tion Voorrea b tb ~~a~p~p i
a g~ by the larder, Se lr shol uhlan de to eem comri n wriiK and del* de eomcrc in Pvdrwr of C" If Sear dome cot obis 1 a6
krdds m een comart for qww)) and delver It to Focht it or hobo Ckatit4 Pochaw may h rntieb tlis arms by &M".' s wrirrt
wrtn km rmtke b !klr wheret"m the tcAtahb p fta uhh: Vrnam Mommy ml he p+mgO tttllnbd to fhrdrrr Ord do dal N%e
ru Redo n#u or o1dWjom udw dr Cmrrai lamp bar dbae vAikh rosy exit aay enhe de in sietott of tlit CotOnet). Per
G Retllwele Tames If di oak «a ,:titge In tae mf the Pmpany or denim) eta tieeil use wkatioa on the Pmpnry eiirOd by Sear
nr is a rho saesnrars n Aa Ckaip of mddiiael bxa kr prSoM of Selds oMarsAj, pw iddi WW a ws plu pod by Sler aPudaeemeditMy crypterbac maanM hbs
Won tetra by Saar ors *umw ow dr tmtea, vie dim bolt Li i chocked b whibem Pm two Ad
mote addtnroal tuu Dar oA prubm and btarete The nbf p tbn slat avow: dr Cl my
K Eonltpt Prrsaa Nmll~ntlaa Vsc►x r a Farepa Persona 6fird de llS. from t Resvaa Cods ld IS.4 lei b dither b
P%^tam a rowbtept N WA*A pneaa to Station 1"S of de hrateel Ronne ode. don Pudwer fray witlleid lore the aka pn- to
yn n tu0iein W cnmpir writ applashk lax bw and Mort 4a wWoW pmeeds in the lrfend Rewne Swkt, kw+w wih appopritt to
INM Nf~PAMd> eMr jodrrlrimeton 1ta6r (I)a atiartarl da1lSeit b All O Ihftjn paten (y) the U. 7. tageycr idtrdratbe
regu rW by !leuiart 1W of the Wamnl Rtrcuw Uide.
1). DCFAVLT,
A, P a t hants Resets a. VSo►r bi b eh M thin Corirret Gar try raaaon cwt x Ptrchada de bsi Otte WM6tiro of pis Coteau i r
ptrautr in it to trwwr sat Amth k tN, C.,mrua 340 oral he in ` $A amd r',aebwr my dirt oba air of the 16bwht} to Pualtawrr r
tole rem~y Real all lAme mart' dpw A s r
O (il F~tfoar teak prrfaxlrw of"Cat4mr; I 1
Q M Brig roll rot dame t
0 ;4) Tt per aid nn~Ji 9(6a s Cco~td raid imvetl *~y ime r d Ae the rAnkhk at
~
nary Ptrchtart'O trbJae tart tatdrr PtttyrRth A slxne del chit ewaere a de~t11 ley SelYr. 11011 of the Esrtett Moat' Sellers Mn to
0t opynyr IAANMARfarol(1M l rahTarr hitt
12
f
1
a. Sellers Reosedies. Ir Puthava fsis to tba this comae, rot am mows csvcpt Scws defaul or de temrorton or dta Caswct
Pwm w to a r%M to la is a xi firdt n died C"wL Ptmthuu dial he in &-kok sod fc&r my tbea Bled one of the ro&xn% a Sala role
rcoady tOwd of ther nor 71Iff:
O (11 Wore sptx fc pMamarce n',ha e'paratc
O I:1 Rty" sir far darwgea spirt Puehaer,
O (S) rltlone spec fd performance of the CaOact s doe trs4 r ot fir darta4es aprM Ptrchas r, u
U NI Have dte Carnet Miner rod ro kb ac ilkabtcd !%vjs for de Patkaves brdw:h or Uw Contract, thM4 rebury Perebuff
Irtm that c wKM t
14. AGENCY DISCLOSILIM
A. Aten.)~Relationskips. 7l&krtntllruktat(fteraik,&,`to%N;IrolermWorthCo jusig ofa,(ap{+cahk,uset fa*on6c
stysrftre pale hx h Broker Ras tLtrs utly W the "rl the Broker m;ruyrras as dtatfkd below If eitkt Broba 's actq a at, ntereedsry. Aso
dial Broker wit have rattly the J.ia d n iim"nedwy, Ard the rtmrrdmry dsoksuo .rd etvaten provsi+m alpiy as set forth bebw ~ Areda
threw awl, ~I
Ill 11e F'rmc {u1 Bmke1 a t! a flat I'a Bekr..rtM, o O 3401 rot Pu~hner twoy, a O an nternadary,
Rl T1e Cwpcratagt Bmkcr 6. O alW fa Bclkr sal(, a tD alert }or Petbsscrotty. or Urn Nenraeeivy.
D. Orbe r 8mitt n. Seikt sad Put tsar m.h mptsent and wwtar b the other pwly dint sa.,h party let had ne doa~ys with my pmoq
rant OEM tx lender m cxwt:ttan weh the mlowunn of this Curared sled's thr cotetaenaton of ON p irtlauc ad rak euwettpk W yea other An
Qw Bro1er(1) natneJ it " Coaexc and no rest Male lreker. Isere atla~ry rwrt rent a eouy. ether tan the lkoker(s) s mhbd TO sty
t wvnionan u f rrdres fa a c oma tmn wch Cho to nrx out as the rsauh of ar(, dta ,s ur a.is of cam Srhr ur PUrChOW E&O WlY ym.by Atari
to odes *y, dduywk peter I Ad IoW the uOnr (arty hurmkas firm ad alarm any toll, eapexn a fahiry fa ooerpamhiol twmiuitq fie. a
cAtrgu wh ch tiny h ebasrJ by arty istr1 fiytks a Ow su Ltr rrry, odes diem the named 1lrakejs), by news of" dw%W a bete d me
nkm oq prin
C. Pee SboriK. Sear ltd Ptnhosm mch xbkmWp drt Ore I'Am iil lltoker my guy a portion of the fee (defkW below) b In
Cnofsntn4 Rroker ayntat of a prtoa of de Fee bt the PrnkW Amker b de Cagtarttit4 fkaier skl not aler the (durb nktiocs*
botwden she rsneer and the Flmkm Belo a labk rot rs}atnw of to fee to the Primgwl B#Ww only Tic Coormtq Braintree slot bave ao tbiaa
Jnody alum Seiler
D. I m nw; lary ReladarhiFp. U ether of doe Bmken 6aa iaf akJ n Sstixt le A shoe Ilml Broker r uing u vn
wwcW thed Purksa aid Sekt heady enrmn to dm klenttjwy reWiwsklp, srWatye the rtaptxLk &OWS b art a an rAmm&q
tr l1 ebb
trarouctim a td aimwtctlle thot the sotsce or any cVL W d cat ansatms is Our raba(s) gel be the Seller. ltd de Brake(s) may ate be pad a tae
btPteelteser. Amalesteubrobr"fesets go
rkwnrdlaeyketswaaparskssitsatr.naartlotc
III ■oy tot disclose to eke Pwk"r sir Seflerwil mope a Pike kit rise tie taking prior whir odkrwho irtrsehd Is a
rrprrarr YM*M by Seller,
kI) try net disdose a Seller tiae PmLwer will My a price power rtes At, prior sehodttad Is a wrkms rk►t b do Sohr
rinks otbeswioe 1"O"ed In a lips" nrSWg by rk Pwtbwtr,
(3) OW not Abigail arty ettldttelal Winsatlea, at say (awrasalkra a Forty, r pdRcsiy Iwtrwh 9tt rest tetare brow r IN trdrig 1
mutts dkcloie, sake siber"iso l airssred le a seprsla sorkirg by lie rspesdre pry •e re~oirel M dtciea rsr! ir►rria ley she
Tenor Real Estate Uterine Act oretaorterdororifile lnkrra les ~Yedtgy mWrs to dw as"I *(do proprty;
t4) shwitmaa d parties to tab Irrtrsedos bawo* all
t!) lull egoy wish ebe Tur Real Risser Itrvors Art.
Appior"ns, glmLer r suhopcd to sWk by puyidlry wririm core b ON par6y. ate at more be des aataatrd wtB 8rokar b
coormetraw wkh ant carry eta nmlcu" of ant, par, 3twf deer a not ohm Law a syoeovia wit rkake men, naeak wid< W carry bar
awtn► t ions d de other prey a pain r)trt ti nNp firarr, at, alp i teal k uYtlt try ponle o0 we ad dwA logo PMy b wbta de kattre b
epprtrwed
1 IS. PROFESSIONAL SERVICE FEE.
A ►rrne taw of li e. lefks Seca b Pity tic Prat jwl Rruka afrofinynai tetrbe f« ti w,h (the 'Feed war proatrk g 4t, Puclwer rd far
.s!ewn tithe ory(etlrltstddds Corttratlarobwt alb ~eroent teal of rtes /.too Pefq 1t filer M The Pm~rleaeal
Broker shall reoal» khrN rant sal and cm ~"Pantary Beo er SMtl rsoolw thrM wrens 1f11
or tM rofession Nrvices M.
TTe red NMI be eortod upon e=wtmn of dr Cusract OW stet he p.l at Ckxo% Use Fit b carvard a
smrertaan d' dies Cutksct ((esepn a IantitaUM by PWOWW paged is a r,~ of to oiwlu In skis l'atbaet); (Ir asy .11 M. r♦r
aaosection tkwrhed n dint Cbtrtract at tot cormretad by ra+sms d Puekada defad col Soler does rot ekcl i edsmr aprlle p~Be
Fee shoI red aced week r ttf De Earned Minty the Fee akl be pryrbk by Seller lade Few Brier IN Ow couity Y witk>t tea Nopasjy~r
bLawd Seiler dell py nppicahk wit taws m tk Fad The Feet I b Pied d de Ckaay t,1, oak o(At, PrM Ey Sall ptr aw 10 1w t t
Conesce (ad tray be a or a+sp►MI, or It dr evw or,idad atdY it& Caatrad by Sc1v or Paklrsa, wCi Ir1(1d) dy+ 411111i b/ Mbdid ! t.
r Date rase rele cont{rny a edmr earns r slat b atakdlaa ref itekd u Pity do Fee to At, PrYtepaf grekdt art o(is taq procee4 eta.
as of the Eamert Mtxaey ur try otlar txruw depodt nosh ptnow b Jtb Carlrat k l -
IL Course Ro quired Pvckser, 9ctr oral T4L Cnnp+ny alter dial do Btebrt(a) ohrd a f led poly beeefmiry(s) of di Cobat! rb6
marvel lo de Fee. and that m c►wr~e nr)r ter mink by kr or Puchau, Sc do TWe CasKsq m b IM tine of pr/mA amyl of pyvwe at, 6
nsnf~ for psymrtt! OWN* tlw Um wrlkn carte d de Ilosk4e)
O Copynlht 19% WAR fomdt(PS) tfnfriryr hoe!
13
11tf~~►
l
16 MISCELLANEOUSPROVISION&
A. ErkciKe Dole. The tam Etkcure Dmc• mean dte ban argot tee delea w vhh the Calmest is toed by Saar ad Pachasa. ae
i~cered br dear spalt.tc tebr. If i bad ~ b cYtc,ae Ihit Cawsct fai W ,:twpktr de rile of ereeulian b ~ As pBatt{a s~nee, due
Fffectlrc Ihk shd h th date am Intl crntnrd ainael e,rlaowktl,ed dry dolt TBab cams
S. Nosict/. Al Ilaitt! :rwl 71hY <ornuYCYlLtr rcgnitd a pemrkd uaL•! tda ~I/rlatl rrttea (K n MTaefj l11d elaai be deemed dtbPfaa
whedwx x r,»Py received d rot, un flue tsttkr d acml taec)p, r delvt:nd n Paton u A rencugca tih ard,aeI of delivery, a ( racerta d some
cls T08m; tx can6e Vaarteavn t has') r N ca6'rnebus of dcin or * tam dervici in the I Imwl Smles Mead It teQuted bob* f~ea mey be
inncmetcd tg Fa e w the Fat lelopla+x murders xpccAed below. or any Nona d:Nered I,y mule naaq be ikfoaied a the V S PoAd Ssnsa fM
crass poscsto rtgvxl ad popcrh Alitrsed Vr tk Needed recpca al Ae ad:kesa Biel Famb o*km Any Perry ovy ehge O stltkeet rue aooca
ptur,acs by Jelrcrq wrten tune of u new etbck~r w al odi panes in the mvwr zit fod uhora Copes *(a[ women nodes &W UN be
Sixertd w du Prim pd Bmau avd Be tM Tate Cterpny, tea faire W rvtry dv Prkkooll Brie or the rote Cattpsay wil rot cane a adeswie
Roperly &1"d "cc lo k srRt,:a'e
C. MetYal Te rminarba If dole taWael k knreottd by aausnl aaeenrrl ra W penis airy tnr ptcr to Cbsaq, de abip ;vr of each
J%m trvier the Cutrace stub termaWe. treelr dot fit Seller and Pun!, w 481 teach pry on•ha1' of ew t:ut of em Surer (is" c+aY we
rrturedl, I it Puretem ties pay a tans b re)ni arw Jrtu6o b de 14yzrty cutred by PuclaaBiet a a sokettil, (sTt Ptacltaaar 4a1 tldrtr to :~Bes
anV le a dMWrrnu n Puoht el trr+cavaat coMemtq in Pro(rruy, (n) Stir Jul pav & Fee ovord to We Pru cpel Droin, ad (r) each
yuni shl perform sow dhv aNyitne whcA trprt:aly lwsre pe lemsuliat ear thi Catrxt The abttatm aedtr thi pareareah 001 Prue the
kmt+ Uon of dw Codracl The tmm of an, asr,ad Icrawiim arce,nrm volenupersttle and curt seer the prrrsans d the 5ectot 16C w de
q0aN a' any trortrlcc The Section 16 C Ay let spplh or Pocileba oebkrafy klTrivi " Ctsnant by Volume of a IertanBam rogle set fonb
that! ere a the Ca,axl
D. Farms. fn rase of Ba tbspYte ax b fie fmn dam tbctattcrd rogtried fader die L'orrrxi uh nabs roccre facto patepaeed kY 6e NtaA 7eaea
Caunertul Atvcmetett of Rea'oo m, lK , or araihk, or by the SAk !ku of True, nmlfa' a naermry to coeform to tb< req#arMels of di
Caromck ales 1 be damned rcavtcub;c.
L Atlumr)t Ftea. TV Rereirl prty in any legal (rocceslnd hw* b reborn b tbr, Cnetrrsocl ar namictire"be mi" b tarn
Iran do "ptevadtq "stow tarn. ro,"sshk at►rrryr fret an! d ode murviahk WVmw er(erael,
F. late6nrbn TY,ii Ctstaal cnW tea the tibq,LYe spmtmnt dray die peter wd respct b t!a Proprk ad eald 4 rated tacepl
by rralcn aac+arrrr. fle pnis oast deb dLYO art nu on1 ~e siarcd YanYCerY, uBilssustakgA tepeedak,ea r wanaratea made by me pww
r,la b an rot exRnsby let forth Bette
G. Sun iv aL Any wunMy,raprosatalia,, uanhtvi eurafaba or a mitp iw console-! IN th l.'trtbolct soot tdwrwsBa (b'sthsgrd at the C'lxiq
w,E srrixc the Cbsi+J of this tamae EOn
H. BIaJ)nyt Edct the l'mwxi m ism a, dr Num or and he hhtrq upon dr rmc, to Ail CaMren and Ihek rtatpoi Arles, Irpl
h)ree,aa'.nco, WILL trsarf wdaayen
1, Tbne 4r h rbrttrwn. 1 me k d Col eraee rJi ub tmv'son d tti Cattracl. Sfiet eoeoisrce eih ds tint fa pd{almnae±a
rc,p,ied
J. Rlttht of Eatty. I Ipm reastmomi advance naive and brig ranad btervo-o teux Ptetlraar. Purchases repowAs im mead u
prole h 6) here dr rpbl to eaur uprtt & Prol" Rine to C:tiuq fnr )reptreem of Vnwiy, bompe t ring arid candectp sludsol of d,e Praparq, so Ioq as
J►y Ju oa wrww+.Hy isles&rc wib tk use r,f the Pntpeny M 5tdt a any ►rmu, r wmr tealut tberp e i Ptmep+ny.
K sow lee! s Day. many teak of partoriiii tedu du Ctnbsocl 616 'm a &I niy, Stntby r Tdras kpl holiday. such dye of prfraarce
.Jr+t k tkfead m d+e Kq ,by w}tib b as a 9ahrdoy. Sodn tea T.vu ►pl lsitiy.
\ L GaveminE ti s, Th Convxl ah,l he creme kteJ taakr rat pwnd by dr kw! of h Stale of Test wd utkv aMw~e poadad
k run al r~i1 ore of de p,rtsa ,:resoled tatdc r lhk Cantrr,c I:ra b ba tYaal o ibe s way r SYr Aso Propnry k Ixakd
M. Serf 02. troy pmriion dIhi l'orsocI It bell to br hral,l &VI. or aeafinealk by a can duwo* a)muhbm due braid,
&PI nr tnenf tea (r rvsart abl rod a(lccl uty W%or Raillurn, and ft aabcl M Ate "venal ea of dr brand, ildal at mmd nmbb
parairm to xvil d aual *kw Gas Iba CW*Xl ~
N. Dscblm r. Puctrxr sa►rssrBis Itatl a "esfmle twbr it gar" b aetrbe tsm medkrl eaaeemssq tasot eMalt and i tt al e,gre b
mn tkrr of bw, U1.1? umc nsraviq, MraJou, ate►iieb. AgiYrna cxrekta/an rkiv, a,aay boJ plmoea aRblyddl,R r tfw Aerktr wib
fleul4Wm Att Iratdrr, uh Hw4ertq rri rwlaVe b PoA,? r al nosimit fachal lrowb*- wlkb 1M Broods) lay Instant *Min etrddsn
ar ttr Pr spa ry, P ucbteaa xbnwladEen dnf Ptaelrre IrBa best Wviud try to &vdmv(a) b was tvomobwm M MA mom Tltt al
k tad awes*k a properwt tWilki ear Will hAbo cads, Eovftvnm l adaters, sokars anf beat Ibr M42e In rho w or eaeEdta of dr
oqpm~rty tx b ctrrtnskoq s dot tcbk b U irrt IF 006 lkalan(s) Ptah MMO daeerdrt Of teen far %It* r MMOA , do
Brvler(rl Ju not WLrri d,e urvlca of de adriarrt or drk pnabcU and taaaaa 0 ea1 t w nirbit) d Rapefy re br aeq! meal The yes) b A < r
na wamol dnl dr Seger wd dsc lse am a V~opeMy de(ecU or Wet mature b d w Prq,ary or W SaIi s i and McLar
alrreI*Meirnty,tkfeat *WI d) go drokttrn) 4gbthebanamcleaVradne8mttrdapbMwpadold61Ali;e da~aa~
tore. r!H e%peraea, ke6bq bd M brumd b remaarrklr aft mi fame art char eaaa, rebad lour Bahia tat dof Mom i,mmus eti 1e
repefenlatira about do Pro sty a seders atretpad by aVerta to add" as Oa edna paevoW by Mika de kv, bm;@M Ba f bWkY ht sl acs mad
ocraw ana, tlyip u. a alenriae, it *hW 16 Uiu nisa old roe. f arty, pd It the Rrd arts) WNW p IY Cauad
OCty,yrgbl lyb YTCARbre,al (V%) , tYIfItM has 6
14
u
0. CrwterpMa TIN Ccw=t my k sexubd k a rrerber or ifrreaul Cmd"prra. &I ooMkW k Asad a. **a aM 41
carAWPI dal, evhrtrrey, comma one Avon".
G Ce rder, t/rra,e r. tWM de pals d w~, d proaare wad in da CMI atel be uefrd d kehi eZorn lirti
" wd a Uw tramcar, fame or carer p~t Wadoerri h ee *4dr M= it to caoftw III, iII dr plot aw tlr
gal be canoed to x for the *CAu 1
MedhrWa If aay ipae aria ft*I in Wk Commit (do 't, Iclreea lore cwt salad to pre rraA>A male b ee of r a R' ~r IayaaM rf the rVr
U Odi
t is r Braled s1) any poly( ~ 1 kraal Frrka to WnM 1o nroM tl~e DkpiY b eiYMio,~
a Dare ekcanrtroe r wku prry rrarrtey 8rkwra drt r eahL N,7W or 1.iekar lad IS et aM b aqw, a a~ery apir Yifti
Wr,ctbk nLf. he poiuer ore ablpad b tae die taedatw prae,lart per to theta arlrirrtor aq, sera xdra iViere orator
ntirh}y Ur tea.Yalear rrlsr, tort h pony tact later r wide draiptra b al etlen Ile rtaa d err er nr a kdridrte
to rctahe dre t*0&' a path path %bekar W" 1a t t0) J1yr *W die ire d JnrjruR de TMierI ,md r o IS
fr ,
¢rlfcJ art~rror b medek Or Dkpdt I I' ee prlra arc rrbk b bmb scree Wes , wrr~y ux ie
ekney awibY pubic ayartrrrre diprtt twulraa arrsr eeaielor M aepd'i a wrdilnr, to relolirfthh tirih ~r aaitae, tyr e~y~r
IraraptY da~ale r be crrralkarwMddbrer s Pam rorepYccfaak aRd wler rrrky Zj1Wt wla b k b YIr eta dsry 1)01 yy~ ally faYeift d Ir salter. to dr
medniw► each parry eh,l bo erpa diieeur la kapYrt a noYbd d die any
~rw The rmaiuia rata be prcrard by dr pmriuane d ehupta I}e w U e Tear kre Qr W 14oek4 C~dy'a~! echrty
may pcxAc the tact tad rysra of Ilw or8aa ~l k alrnd r4r11 bt N pelo ieeYeed k de Diyase
It. ArWrdfea Ir itpettay are wrbk b tvanhearp~ C~patr by rrrrartoa era dr partis apw b rrlsi dr Captr b wt#aje
'"Oft , skaY arbYator The ISip4 It bc daeieed br eehkltkr w rccairea w0 dl6 e~iwbY r6tre6w rY►M otl de ~et~
the Aarricae Ar*ViP t AwMWAA Ay prrtl' cry riaale in adketgt ptucrrkar br ~Yiwtea a w!~ roger oe dreM1 for
utiatie yea r
uthn pares ke (101 dap aArr ie hcc~t by al pot" at on ~ar+rn ne,a 1 f drnM air rlwaest it prier rhrl rderet M rid ,
yea4rd arbdnlor rrko k accgrh b d prtee If da pa6a ire arlar a spot re aebiakr who k as N rl prat dw ay
my yply W eu Arwkan ArbONee Awftioiim W pa.de aR abYWa. py~ ,MreaaW L rrhifda rbrl be #cfko~ aoNeer,W air h
preruiry aroftien Lw•
a Gawk a MS^UN. VT1k 0 datrwe IS M Y r r,MraakY, ~Swrweat 1Ld k eaae~y. 1M r) irplrrad'III
b
ow rhI IN %W& of to erwacimm Tim tar, d ikr rtncl t 11161 LM Wit) ar JVial IS &MI
a'urael before sprry 06 Caikact b diar w qr LeolNfaeY Y laatr rdptevrtrr by fir) to III ik Ctartret rerkwel ly~ypp
It. ADDmONAL►20visor4i _
Referred to as Addemdum "A"
It is understood and agreed the Seller of the Property described herein being 6.173
acres out of the G. Walker Survey Abstr. 1330 94 have the right to retain any or all of
the improvements including houses, mobile horses, and mllce)latleous equipment Seller
agrees to move from the Propem'at his/her Own expense on or bfore 30 days after
closing.
This contract must be accepted or rejected on or before January 15, 1999
Otherwise Seller shalt deem it null and vold and of no fwthe; form or effect, unless
Purchaser has o reasonable request rot extension of time,
b
I
f
OtegAiAr NxxfCAa hrol ikM) tlntrbal p~ y
IS
i
I,
IS. LWOMITS AND ADDENDA. AI F,%" aa1 AJ&" albchud b this Coverw are icerpyed hstdt by refamee aW are me& a 3M of
rhir Contract fa a0 prrpuss xLrt v at►r y~,~
g~ 4 AdAwhm A Pa=l Propay 0 E& 0 ~ A
8 Flow SwM Plan s"sar ale Ix*Sie PYw~ of the ProWy O AAivdun" r*d Parry Parciij
O Utbir C ONa _ N/A C3 AAdrsdm &S Sekt Fisacir
0 Adkmaksm C
0 AJdmdn 0 D Kb w Notice
O Adkid m Y OL%a
N. CONTRACT AS OPFER The execvtur of Ow COram,I by the Aht p" to b lo iostautee an wla b pusher at wo Os
Unku *Ww Gn ( t 0 )Joys bore the role of atoulo0 O( ft Contract by rht fn1 pert' tdr Co~mxt
s alctp4J by Os reha parry by twwtg Ole atTer ud Jc3wrwq a Cry execwd e to Ov rat party on offer of Id Contract rbel be deamd
Wonsttcab wthdra rn naI 47Trrs4Ni and Os F'amee Money, i any, tlsl h praR,tb' reurdi b Pwchaer.
YXI C UTEO m Oe Jot /N ted below, b be etl'atk on Os F fTa Ore Date.
SELIJR MRCHASER
CLirr01b1 1taFptaet AM iOaN tl
Ay/Sranaranf: - - • oe` `lS/rtrNarnl~
Nuotc - + o t Naam: , D. as
N A
AddM seoi 1. WHLL~AOAp too AJJau soot twfetArow
Oaar7as. MUM 70200 N, 7JxAd TO100
N/A N/A
T II ►et N/A Te !72 4 33-115 0
oule of Ecec lax No. A ale
Dbk of Face 3
PR INC IPA L •ROXXR COOPERATING DROKU
AtlCSNR Aillti,b,'oN - ANI , .
Drl ;raetr/ri lU r u
Nana i'AOLIIR ~'ICN d ,y ♦)y /S,_,___._I, r
Tick to at aw
Addma 5020 0001ei'R7 CLt10 ROAD Tkk/A
DOe'fEal, 7t1G0 701Os AJdrbrc Ol OP MMHA_Tf1W -
O pn'_01a. S=7tA0 1itu1 lme W.ssxu 76201
TeklArare. 3111-113 1 rain mv001Petr00A 7ekphert Nt•377-{2St ea% l40-trid171
T CO111 PANY ACCEPT ANCL The ME Cwgmr "bV* lscn ueelrt Of 1h FinWA MMY a,--. 5 4")
t" Ik rare, ale 114 r 1be 11111. S
=ors-' v ~ ,aOeic, b Or wrr ud corai4w of t►r cale~
TTrIJ COMPANY
u 1
Neat:
rok.
71% ;3:A
err
re►~ote. Pax; + ~,i~'.,,
CopynEhI Some. MIJ1011 G psrwrd a At ax of Numb p! q/& MOM Yews Casbrrcbf AM"Ifidoe td/Aftbom At. pumas ee ls
A "bylnsxtr/ b stsks ryarll/ i
repfrt fAlilorwJw tw k r pOrftalb teat/ rwf frbk OvassHloe Caws als N1CIR q~,y M eo~Ane
tAet 1111 are quart we nntref /totes gfAhJrw.
d Cyyrftlt ltli NRAI! Iaea01 f I/M) r ri bi 111
hot
16
RANDALL SMITH & ASSOCIATES
NORTH TERAS COMMERCIAL ASSOCIATION OF REALTORS®
ADDENDUM C TO CONTRACT OF SALE
INSPECTION
Properly DescripsioNAddress: 1401 S. swrura a"o ommm 14208
A Impecniss Ptriod. Purcllorce s!Wi Itawc spenod of asat:y 1 _to- ► de)s after time
Effective Dole (the %n- "wn Ptrtody to respect the Proppecrty tied m conduct frsrbihh studies mdardiry Po-hotel utanded use
of the Proprtny. Purchasers studies Iraq ircludc vnthoua Itmrlagrc (i) corc borings, (ii) em4rolrwad Itrd areNtecturd leas and
Imcasption. (iii) plysical Irwpecbon of al iagro~emcrrt. ti>dtwes. elpi K subsurltce soils. anrtw.4 memkirs and
penoml property: and (iv) cwrortrroe of 01ma. speerficalwnr. nsnds.kr doeumeois relrin6 ro tk co rtuuctioe and
eorditinn u the Property. P:nrchsser mid flyers agent, empbyees. tendons and eomacbn stall hrte die d or
rcaroltrbk eery onto the Property dmrg rorttol bnsfmn hobs, >tnd apse rcya+tdk advarc0 rotke to Seller adbr Sallefs
tenants. for purpose of the inspection, audiee, rests zexamrwfan deemed aeccury try Ptachser All ispecsion, stories,
1453 and e>ta own performed krcurdcr srrll r us Pwclalscrs expcne.
X. Reports,
0 1. Within r/A { r A ^)dqsaRertbeE(fectrmDte,SeikrshWldeihertoPmcbmers
wnnan report of n enaroemerol sue- sanen 31 lr Property. The report skill be prep~sd at Scileh af~erre, by >f pepq
professional &tptret resoAbly aceptrble to Puclwaer, who is profckta or imu d to emlrontneml Zan, manrwn. %
e(Mmmrenal sseurlaid report mwt Inclok a ?hoe l'imaugaton into tk cslsterce if H81rdeW MaherW1 (a deflrwd In
Pr1 p0aplt 7.A(7) of tNs Contract) on or amurd the Props ry The ermoweaat +rseanee! nwwl *0 include a tntd we history
seml► aapeeeriu~ Lwpections, research aWor studies rNch tiny be necessary to docowt the adelcme, pre or pnmeA, of
Haaadoltr Maerirk Om not to inctulk pipekd tens), and doll eontpiy, m a mistimun with tk torrent A57M Stardrd E 1177.
7 L Witkn ice (10) days after Ito lWeahe Date, Seller shall deftstr :o Purchacr copes *(all rap lu in Seller's raeition
orenjlncengo imutip iiorw, teats rWor cowronwrWt ntdies which hoe beta arlz with respect to tfe Property Mshie tm NO
Year period e to sttc Plfectise Dab.
Cpil 7. i! Plaehorer Ierodrtate} this Corral, Purcbner shill deliver to Seller, m PutcMs es eVeme rod eoeremportmowly with
the krfWmbon copies of all wrndee reports, inspection, ptas draMr,ds rd stiles made by Purchsef and Pwehmes spars,
eoa tilw sudconraeton. TUsprodsionshillierdtetkbrmfndoooflhisConeraci.
C. TerutrwioR If Purchuer dettnnims. In Purchneri sok discatbq not meter how arbitrary, Ihtt Ow Prepenj is not In
satisfactory eorsdiuon or is rot unable for Pumhaaer'a Intended we or purpose, Ike Purchuer mey tetminre Ile` Comity by
dclivuri.7rig a wtitlen muse to Seller on of before she lot dmy of sk tapcclan P(riod. tied ik refuse" portion of tk Farmer
Money Nrli be promptly mltwted by the Tttk Conpry to Purckwer and wither prty still hoe ug hrtkr fie" or owigtlom I
wrier tHs Coarrrl (eaeept foe Ibose which orq tsplessly ssnise the terselin rbn of this Oomm).
D. Aeeepraace ff Plwcfaser does rot proppeerty sd lirrrety kradrsre thin Contras bcr0n the espirrltbn of ter toa0et~an Hufod
for it Pnrelerer accepts the Property GwAling) aka Ptrelwer witl be deemed b Mete waned all obknwn t0 1M Property urldet
Iles Cannel, ewtxpt for any bile ob)eetan teNeb mq b! outaundinld prated Io Sxuoa 6 or(tHs ComraeL to that aeea,
Pwchrer ttRea to ptrchse the Pnpeny to Its urrer[ cor/Uoe without 88y hnAer npnaMatien or.mwNs of Sethi. ~f~pt
+ry kbrfiWwi'rt wNch Seller nary axpreas?' ap;rce a tMtlrtd ro csae, all INs Canner still eonltete Itn M! force and eRee1 re! tk
rcpes<nattoro~orc~won ,iias Selkt Ire aquvedc jashisCa~~ ion does rot wehe or oiltern4se IIMt or lavalidso0 arq ogaras
L Resseraler► If the bran wilon described Is this Conrad does nor clots, through no halt or Selkr, and the eowYlba of dst
property was alured dwa to tab and imp oiolr perfornrd by Pw cbmt or on Purchur's behaw. Archsser snot noon de
Property to its odgirrl condition
0 Co"wignl IVA?MAR rarmotiC I trot J
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A CONSULTATIVE REPORT
of
MAYHLL L ROAD VRIACIE
LOCATED ON THE WW SIDS OF MAYHILL ROAD
C10NTARIUNG 6.173 ACR13S OF LAND
DENTON, DENTON COUNTY, 77DW
as of
March it 1093
PREPARED FOR
Mr. Rodger WiWnwn
Supemwr, Right-o{•Way
City of Denton
Denton, Texas
PREPARED BY
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Stephen B. Klutz and Associates PO Box 30115' r
J' Denton, Texas 76206
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STEPHEN B. KLUTZ dr ASSOCIATES
ANI Edhb Apprw*n I Cone6WI@
PO Box 50113. Denim raa 762% teNfFax 011y362-6170
March 7, 1995
Mr. Rodger Wilkinson
Supervisor, Right-of-Way
City of Denton
215 McKinney Street
Denton, Texas 76201
RE: A Consultative Evaluation of the Business Use of Mayhill Road Village
A 6.173 Acre Tract, Platted as 48 Lots
EIS of Mayhill Road at the Intersection of Mayhill and Spencer Roads
Denton, Denton County, Texas
Dent Mr. Wilkinson:
In accordance with your request, Stephen B. Klutz and Associates, has prepared an
evaluation of the range of value estimate for the referenced property, This valuation
considers the subject as presently developed. This letter is Intended to be a consultative
assignment. It Is the consultant's understanding that a formal assignment may he requested
for the appraisal of the subject, based on the analysis and Information Identified by the
consultant, which Is contained in the consultant's Liles. The date of evaluation Is March 1,
1995.
As stated during our meeting, I have evaluated the subject based on It current use and have
provided value estimates based on.
l) The capitalized net Income estimate of the subject improvements as they
presently and legally exist (As Is value).
2) The capitalized net income estimate of the -ubject improvements as they
could be Improved and leased within a 12 monl;t period (Potential Value).
3) The estimated value of the personal property of the mobile home units
presently titled to the current owner, Charlcie H. Townson Estate.
The consultants's estimate of the range of value for the subject tract, based on the
assumptions contained In this letter follow.
Market Value 'As W i480,000(13.5%capitalirationrate)
Market Value "Poleatial" $605,000(13.0% capitalization rate) t <
Market Value 'Mobile Homee $ 40,000
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PLAT OF SUBJECT' PROPERTY (SUPPLIED BY OWNER)
W
T-141
tl.~.nP~eoe~ _ g J' r-121
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LOT H
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f IOI LO' 30 ICr 3! u7 to
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l ' 107 i~ LOT 31 LOT s
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SITE IMPROWMENT PAYOUT (SUPPLIED BY OWNER)
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21
' SUBJEcr Pi [oToGRAPl1S
' Photographs taken March 1, 1995
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View looking east from MayhiU Road at 6.173 acre site,
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f Vlcw of typical larger rental homes on site
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View of smahkr rental homes on site
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I View of mobile home and pad
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I View of largest mobile home owned by (state
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View of Invest value storage unit awned try ['state
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view of vacant pad available for leave
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I View of While I tome unit leasing for $250 on adjacent street
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Silver Dome Mobile Home Park - Rates of $ I-Wmonth for pods
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Sherwood Mobile Home Park - Rates of $170/month fot pad sites
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Generat Property Information:
The subject Is a 6.173 acre site that is platted into 43 lots. The site is located on the cast
side of Mayhill Road east of the intersection of Mayhill and Spencer Roads. The site is
rectangular in shape with approximate y 424' of frontage on Mayhill Road and is 635' In
depth. The site is not located In a flood prone area ak;cording to county and city FEMA
maps. A plat of the subject as well as a site development plans follows this section. Due
to the improtements that have been in place for several years, the development Is
considered to be a legally conforming use for the site. The current owner of the site is the
Charlcfe H. Townson Estate.
The subject property has been developed into a mixed use of mobile home pads (lots) and
single family housing. The development presently consists of 14 houses, l duplex (efficiency)
unit and 33 - 35 pad sites for mobile homes. The difference of the 33 pads versus 35 pads
is based on two tots being either leased as single or double wide pads. 1474 pad site rentals
were $125/month for single pad sites and $140 for double wides. In 1995 pad rental rates
have been escalated to $135/month as leases roll. The owner also leases some pads with
trailer units. Each pa t site has Individual electric meters, septic system and water tap. Gas
is available by propane tanks. Electricity and propane (if used) is pad by each tenant, the
owner tarnishes water (from a 630' water well) and septic systems. Solid waste disposal Is
also furnished by the awner, The 14 houses and duplex have similar tenantAandlord expense
arrangements.
The owner has furnished the consultant a copy of the current rental roll and the anticipated
repairs required for each home and pad site. Further, the rental escalation for each unit
and pad is also set forth for 1995. The cons;dtant has verified market rates for comparable
mobile home pads In the Immediate area. The most si nilar parks are both considered
slightly superior to the subject, with asphalt ronds. The Sherwood Mobile Home Park has
pads available for $170/month, This rate excludes electric and gas, but Includes water and
garbage, Presently the park hus a 9211v occupancy rata Mobile home rental units range
from a low of $400 (2 bed/ 1 bath) to $650 (3 bed/2 bath). The Silver Dome Mobile Home
Park has pads available frr $136/month. This rat : excludes electric and gas, but includes
water (well), sewer (city) and garbage. Presently the park has a 98% occupancy rate.
Mobile home rental units Lange from a low of $260 (1 bed/ 1 bath) to $375 (2 bed/2 bath).
Therefore, the subject rates are considered to be below market at $125/month for the pad
sites, considering water and sewer are provided by the owner, However, the rate of
5135/month Is considered to be slightly high given the current condition of the park.
Ilowever, as noted, there is little remaining space In the competing Silver Dome Park,
A subjective adjustment of $10,010 is applied later In the analysis to compensate for
necessary repairs to the subject property in order to upgrade the park to be competitive with
Silver Dome Park.
Mobile homes that are owned by the C. Townson Estate have been separately Identified by
the owner, Estimates for the market value of older mobile home units vary greatly, ,
according to age, condition, unit model type and size. With the exception of one unit, most k
of the units are considered 80% to 95% depreciated. The consultant has utilized the value
estimate of the owner, being $49,750. A 20%r discount has been applied by the consultant
for marketing costs and the t'.epreciated or damaged condition of 5 units. Therefore, a value
of $40,1100 is the estimate utilized by the consultant in this report.
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A break down of the rental of each tot and o summary of the consultant's estimate of
expenses follows this page. Expenses are based on actual ad valorem taxes with other
operating expenses based on estimates by the nwner compared with other mobile home
parks valued by the consultant.
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AT ri.~ =.AJ VLLAOE
17)A.Pf7 u S VAYHILL P:AD At '-Pr(P 4
iN%% CENIONCCJNTY, TCXAS
IENt POLL
.:TM) DENIAL RATE SIAtA '.1515' NIONtHLY "POJEC TEJ 4W4AL'A'S 11' 'PADJEC Tfv
'AO 'PAILEA ,,r IENTAL PAIE 1AIE "CONE INCOME
5479 c0apwd (175 1175 51,610 (1,620'
SIDS Gcaprd IIJS $135 11,,►,10 (1.620
1 Slit VACAeI f0 4175 {o 11,620
4 Vol )m,p4d Sao$ $700 $1,110
13,100
5 1175 OCap4d s136 $175 $1,670
141610 '
SIDS VOWA f0 1175 30 11,110
t 5175 OOWpAd $175 105 11.00 11,620
A 11X V4061 10 1135 s0 11,620
1 1139 Vwd $0 $115 1.)
11,620
J 4175 Vwrt s0 Ills 30 {1,$20
sills 0=9)iAd 1175 Sills 11,620 $1.620
J 1175 YMArv $J 5175 10 11,620
' ) 1135 Ywr4 to $475 13 11,010
4 1175 Ywry 70 1135 !J II .6:J
31 Ali Odcupva 5143 „40 11.010 $1,660
11117 Vwn $0 $140 t0 11.660
7 11l5 wan 10 ills 13 11,641
'd 1110 Ncipad 1140 1110 1100 VAN
$135 V"l 10 10 10 Si
iJ 1175 5125 YAUrh p 1160 $0 (1,120
. 1 f 175 Vwrt SO to to 10
21 1175 Ywrt to 10 to so
J) 1253 O•Xb,','4d 2290 11271 53,000 $1,700
V4 VSO 003,pid 4250 1175 0,000 13300
el S1'.s 1145 OCCUP4J 1270 1266 $1,210 17,170
ld $Am COMPIK' 1400 1450 64,1'V0 16,100
it IVA Ce Vksd 1500 $560 51.000 16,600
VA Ira) 0CW9w4d 1297 1300 11,111 14,600
171 129) V4CFt so 000 S6 (7,$00 '
.1 1)50 OCOUpaO 8350 IRS 11,900 11,600
el 1210 Cl 9240 1265 11,$10 RIK
3J SUS Vmtt s0 so 10 10
lI 1115 Ywft s3 10 to So
!2 1171 0,ftpdd 1271 1215 13.252 $1.110
?l (150 Ywr4 10 so 417 s0
14 1110 OOWPW Sr10 1,10 61,610 11,610
75 117s VAwrv SO 10 s0 s0 I
?6 ftls 0=04d 1136 (136 11.620 11,120
1r S121 $460 ooww 6t11 1215 13,300 13,440
)o 1126 Cba9ad 6116 1140 111,500 11,010
72 $ISO 9500 o0a,pad Wo Soso IL100 (7,101,
4d 1126 1160 OAupad $296 9295 17.120 63140
41 $139 1'4043 60 10 10 SO f
A] $17s Vwrt 10 l0 10 s0
4) 11.5 1176 nal,pad Nod 1750 11,6110 14.200
44 (260 000up14d $200 1216 63,190 111,410
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As 1240 neapnld 1240 1760 82.190 6,12o I 1'
All 0226 odcup4d 1225 1150 14,700 63,000 .t0,•`
41 Sm olmw 6360 VIS 14,200 14.600
4y $216 COW0,01 fit$ 4700 61/10 1),600
4J IJ 63 f0 WA 10 10 so so
Su 1460 COa,p4d 6450 1411 $9,100 $6,100
UTAL$ 14.126 11i'm $4,041 67,114 110,110 63,401 1:2,040
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MAYHILL ROAD VILLAGE
MAYHILL AT SPENCER ROAD
DENTON,TEXAS
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EFFECTIVE RENTAL INCOME $93.408
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OPERATING EXPENSES
Ad Valorem Taxes $4,495
Insurance $3,900
Repairs d Maintenance $10,100
Managemant A 5% $4,670
Payroll/util/Miso $4,000
Total Operating expenses (127,165)
a
ESTIMATED NET OPERATING INCOME $66,243 i
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VALUATION SECTION
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For this analysis. the Income t:apitalizationAppeoach has area srircteu to establish a range
of value for the subject property. This approach considers the actuat and probable rental
rotes for an existing income property, less apical (market) operating expenses associated
with the management and upkeep of the property to arrive at a net income estimate, The
estimated net income is then capitalized at a rate (interest or return of capital rate)
consider °d to be reasonable for the risk inherent in the ownership of a similar investment.
-The subject property consists of a mixture of residential properties. being 14 single family
homes, one duplex type unit and 33.35 mobile home pad sites. Six of the sites have trailer
units owned by the Townson Estate and are leased as single rental units,
The "as is" monthly income rate is based on current rentals for the existing houses. trailers
and pad sites. Vacant pad and tenant space is not included. The indicated monthly rental
rate "as is" is $7,733 or $93,403 per year, Ahhough the housing units are in fair condition,
the lack of affordable housing in the City of Denton and Denton County causes the present
rents to be seemingly high, but in fact they are realistic. This important fact considers
trailers leasing for S260 to $375 for I bedroom & 2 bedroorty 1 bath units, with 3I2 units
leasing near S04 per month in competing mobile home parks.
The eonsultant has also provided the estimated Effective Income if the existing rents are
allowed to eset,latc over the next 12 month period. with no other pad sites added. Only Lot
20 (:ind the associated park trailer unit), which is presently vacant, is added to the rent roll.
This rental base is a more realistic scenario of the potential of the park over the next 12
month period,
The "probable" rents are the owner's estimate of the probable rental rate increases over the
next 12 months. Fur analysis purposes, the consultant has also increased the number of pad
sites leased from 15 to 25, leaving 9 pads vacant (26% overall vacancy). The owner has
indicated that th:v have expanded the park over tite past 3 years and intend to lease more
available pads within the next twelve months, The increase in site occupancy considers the
owner, or prospective investor, to expend $10,1100 ($1,OOa'pad) to upgrade the existing road,
level pads and supply electric and plumbing to the undeveloped, but platted pad sites. The
"probable" rental income is estimated to be 310,170/month or 5122.040 year. I
Expense estimates are deducted from the Effective rental estimates. The remaining Nei
Operating Incomes are capitalized at 13.5% for the "as is" and escalated rates, typical of
older income rental units in the area. uid ;5% for the "probable" Net Operating Income.
The 15Si rate considers the possible overstatement of pad and housing rental rates, and the
possibility of not leasing an additional 10 pad sites.
Each capitalized value estimate is reduced by $5,000 for curative repairs. considered
necessary to repaint units. repair roads and cure any of the cute violations that presently
exist for the property. The $15,000 note for the "probable" value estimate also includes the
pad site development costs.
Given these factors, the indicated "us is" market value, rounded Is $450,000 for the park as
it presently and legally exists. 'i he "probable" market value is 5605,010. The mobile home
units ore valued separately at $40,000, These units could be removed or purchased by the
city or owner and are not included in an aggregate value, but ' it information purposes only,
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'.14Y H ILL ROAD VILLAGE
LIAYHILL At SPENCER ROAD
CE PITON. TEXAS
INCOME CAPITALIZATION APPROACH
EFFECTIVE RENTAL INCOME $93,406 $100,700 111 5122.040
OPERATING EXPENSES
AdVatoremTaxes 54,495 $4,405 S4.493
Insurance $3,900 $3,900 $3,$00
RepaaeaMaintenance 510,100 MAW $10.100
Managementq 3% $4,670 $3,209 S8.102
PayrollrUtliMisc 94,000 $4,000 $4 DOO
Total Operating Expanses ($27,165) (627,784) (520,397)
£STIdATEDNET OPERATING INCOME $66,24) $77,998 $93,443
CAPITALIZATION RATE 13.50% 13.30% 15 We
INDICATED MARKET VALUE VIA INCOME APPROACH $490,6118 6577,740 $622.")
LESS: CURATIVE REPAIRS [$5,000) ($5,0001 (115.000)
MARKET VALUE VIA INCOME APPROACH (ROUNDED) 9465.000 $575.000 $".000
ESTIMATED MARKET VALUE OF T RAILERSWO BILE HOMES 540,000 140.01,10 $40.000
Foot tWes (1) Assumes rata aseataled 6y owner; no expansion
(21 Aesuma 10 pads are added lot rental w4hin 12 months
(3) HighercapAsl"aation rate for risk of leas up and rental escalation
p Hpher coete for odddicnel sKe repair • construction ca $1.000(Pod
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]'Ile tlues!inn of any legal expansion of the park cvas also researched by the consultant at the {
reclucst ut Mr. Rodger Willunson. Review of the city inspector's file of the park since 19F4
indicated that the park has been allowed between a 'low of 14 mobile home lots & 4 travel
trailer pads, to a high of 29 mobile home lots & I travel trailer pad. Presently the city
allows the currently occupied pad sites, being 17 mobile home lots & 2 travel trailers pads.
These lots arc exclusive of the it homes o the subjegLpLa2aJN Discussions with Mr.
Jackie D,rvle of the City nt Denton indicated that the proposed expansion of 10 lots
projected by the consultant would most likely be allowed provided that electric power poles.
water and septic systems were present. Although the small lot spscing with septic systems
can not conform to current city code, the subject property is a legal, non-conforming use.
This is a result of the property being grand fathered when annexed by the city of Denton
in approximately 1934.
Conclusion:
An analysis of an existing income property, Mayhill Road Village, indicates that a value of
the property, per the Income Capitalization Approach is:
"As Is" Market Value $480,000
"Probable" Market Value $605,000
Personal Propcity (Mobile Homes) $ 40000
The value ranges are broad, but considered realistic given the current lack of affordable
housing in the Denton and Denton County area. The "Probable" value must be given equal
consideration to the "as is" value due the current owner's attempts to expand the property
of possible resale to an investor. It is my opinion that the point value estimate of the subject
park, exclusive of the 340,000 of personal trailer units, is near the mid to upper range of the
values or say $550,000 to S57° 000.
Investment or ].ease Alternatives
Consideration for offsetting the costs of acquisition the subject by the city could be the ,
purchase and lease back of the park. Provisions could be applied in the lease that the park
be maintained according to various standard acceptable to the city. Given the estimated net
income projections, a lease rate of $2,000 per month (absolute net) "as is" to $3,000 per
month (absolute net), is considered reasonable for Investment recapture. Based on a
reinvestment at 7.0% (2 year Treasury bond rate) over 10 years, a cost saving of $14566
(S2.((K) per month lease) to $252,849 ($3,000 per month lease) is possible.
Again, the estimates contained herein are not considered to be the appraised value of the
subject property, but an analysis of a range of values of the subject property, given current
market information.
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Stephen B. Klutz i'riAl
Consultant
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF
LITIGATION STYLED ESTATE OF MCCOY, CAUSE NO. PR-94-458; CABBIE DEAN
JOHNSON, ADMINISTRATRIX OF THE ESTATE OF MCCOY v, CIYY OF DENTON, CAUSE
NO. PR-94-458-0 1; AND LASSIE DEAN JOHNSON v CITY OF DENTON, CAUSE NO. 94-
459-01, CURRENTLY PENDING IN THE PROBATE COURT OF DENTON COUNTY,
TEXAS, PURSUANT TO THE TERMS STATED IN THE ATTACHED COMPROMISE
SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS; AUTHORIZING THE CITY
MANAGER AND THE CITY ATTORNEY TO ACT ON THE CITY'S BEHALF IN
EXECUTING ANY AND ALL DOCUMENTS, AND TO TAKE SUCH OTHER ACTIONS
DEEMED NECESSARY TO FINALIZE THE SETTLEMENT AND RELEASE OF CLAIMS;
AUTHORIZING THE EXPENDITURE OF FUNDS NECESSARY TO EFFECT THE
SETTLEMENT IN AN AMOUNT NOT TO EXCEED TEN THOUSAND DOLLARS, PLUS
SUCH OTHER COURT COSTS AND AD LITEM FEES WHICH THE COURT MAY ORDER
THE CITY TO PAY; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I; That the attached Compromise and Settlenitnt Agreement proposing
settlement of litigation styled Estate of McCoy, Cause No. PR-94-458; Castle Dean Johnson,
Administratrlx of the Estate of McCoy v. City of Denton, Cause No. PR-94-458-01; and Cossle
Dean Johnson v. City of Denton; Cause No. 94.459-0I, all pending in the Probate Court of
Denton County, is hereby approved, and the City Manager is hereby authorized to execute same,
together with such other papers deemed by the City Manager and the City Attorney to be
necessary to the settlement of said litigation under the terms therein stated.
SECTION If. That the City Manager or his designate is hereby authorized to expend an
amount not to exceed Ten Thousand Dollars ($10,000), plus such other court costs and ad !item fees
as the Court may order the City to pay in settlement of the above litigation.
SECTION III. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of 1999
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY ► % 1'-~
BY:
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:~~~
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C:WyDKwmmbi'L"dIiMfC MQttkmmlOrdda
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AWAII. 04-4110
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AC&* IIII(T _ 4
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
FOR PROFESSIONAL LEGAL SERVICES WITH WOOD, TRACKER & WEATHERLY,
P.C. TO PROVIDE LEGAL SERVICES WITH REGARD TO LITIGATION STYLED
WILLIAMALLAN STANLEY, INDIYIDUALLYAND AS INDEPENDENT EXECUTOR OF THE
ESTATE OF DOROTHY LOUISE STANLEY Y, CITY OF DENTON, TMSr CAUSE NO, 97-
40490-362, FILED IN THE 362Nd DISTRICT COURT OF DENTON COUNTY, TEXAS;
AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to enter into a Contract for
Professional Legal Services with Wood, Thacker & Weatherly, P.C., substantially in the form of
the attached Contract, which is made a part of this ordinance for all purposes, to provide legal
services to the City.
SECTION 11, That the City Manager is hereby authorized to make the expenditures as
outlined in the attached Agreement.
SECTION 111, That this ordinance shall become eFective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of , 1999.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT t. PROUTY, CITY ATTORNEY
~ M OLQ. Gan .w/ %do m0o -d:w..
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CONTRACT FOR PROFESSIONAL LEGAL SERVICES
STATE OF TEXAS §
COUNTY OF DENfON
This AGREEMENT, made and entered into this 'he day of
1999, by and between Wood, Thacker & Weatherly, P.C., 513 West Oak. Denton, Texas 76201,
hereinafter referred to as "Consultant", and the City of Denton, a Texas municipal corporation,
215 East McKinney, Denton, Texas 76201, hereinafter referred to as "City".
WITNESSETH
WHEREAS, the City finds it necessary to employ outside legal ,:ounsel to perform
professional legal services regarding litigation styled William Allan Stanley, Individually and as
Independent Executor of the Estate of Dorothy Louise Stante) v. City of Denton, Texas, Cause
No. 97-40490-362, filed in the 362° District court of Denton County; and
WHEREAS, the Consultant is willing to perform sucb service: In a professional manner
as an independent contractor; and
WHEREAS, the City desires to engage the Consultant to render the professional services
in connection therewith, and the Consultant is willing to provide such services;
NOW, THEREFORE, in consideration of the promises and mutual obligations herein, the
parties hereto do hereby mutually AGREE as follows:
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1. SCOPE OF SER`v :CES
The Consultant shall perform the following services in a professional manner working as
an independent contractor not under the direct supervision and control of the City:
A. Services to be provided:
L The Consultant shall evaluate the relevant facts and circumstances and ehall advise the
City, b., written opinion, with re
y, sped to its options and the legality of such options,
regarding researching and responding to requests for legal services.
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1. Consultant shall also conseit, as requested, with the City Manager, the , ,tty Attorney, 'usd t
any other designated City staff respecting sny and all aspects o' he services tc t)e
performed under this Agreement.
3. The Consultant shall perform all the professional services required in a timely fashion,
and shall complete same in compliant ! with schedules established by the City through its
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City Attorney, through discussions with the Consultant, as appropriate to carry out the
terms and conditions of this Agreement.
Il. TERM
This Agreement shall be for a term of twenty (10) months, beginning effective May 1,
1999 and ending on December 31, 2001. This Agreement may be sooner terminated in
accordance with the provisions hereof. Time is of the essence of this Agreement, and the
Consultant shall make all reasonable efforts to complete the services set forth herein as
expeditiously as possible during the term of this Agreement, and to meet the schedules
established by the City, through its City Attorney, or as the progress of this matte: may require.
III. COMPENSATION AND METHOD OF PAYMENT
B. The Consultant shall charge the following fees for its professional services hereunder, based
on the following fees for its professional services bereunder, based on the following hourly
billing rates for the attorneys and support staff involved in this matter:
Attorneys S I2tuhour
Legal Assistants S501hour
Attorney time will be billed at one tenth (.1) hour minimum billing increments.
C. The Consultant will try to reduce costs whenever feasible by utilizing qualified principals,
associates, paralegals, and law clerks. The Consultant shall bill the City through the
submission of itemized invoices, statements, and other documentation, together with
supporting data indicating the progress of the work and the services performed on the basis
of monthly statements showing hourly rates indicating who performed the work, what type of
work was done, and descriptions and/or details of all services rendered, along with specific
description and supporting documentation, if available, respecting any reasonable and
necessary out-of-pocket expenses incurred.
D. Consultant and the City agree that all charges for the legal services hereunder, including
reasonable out-of-pocket expenses, shall not exceed thirty-five thousand dollars ($35,000).
E. The City shall either pay directly or reimburse the Consultant, as the case may be, for
reasonable and necessary actual out-of-pocket expenses, including but not limited to, long.
distance telephone, telecopier, reproduction, overnight courier, on-line research, and travel.
All copies will be chteged at the rate of ten cents (5.10) per copy for copies trade within t
Consultant's offices, with as much p,lotocopying as possible being done by owL de vendors R
at bulk rates or by the city to reduce costs if bulk copying is necessary. The patii:s agree that
the charges for outgoing telecopies fro,n Consultant shall be twenty-five cents ($.25) per
page and that there will be no charge by Consultant for incoming telecopies.
F. The parties anticipate invoices or statements for services will be generated on a monthly
basis and that said invoices or statements will be sent on or about the IS°i day cfeach month.
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The City shall make payment to the Consultant within thirty (30) days of the satisfactory
completion of services and receipt of an itemized invoice or statement. All reimbursable
expenses, including, but not necessarily limited to travel, lodging, and meals shall be paid at
the actual cost, pursuant to the terms, conditions, and limitations hereinabove set forth. All
invoices and Mils shall be approved for payment by the City Attorney.
G. It is understood that the Consultant shall work with the coordination and general supervision
of the City Attorney or the Litigation Attorney.
H All notices. billing statements and invoices shall be made in writing and may be given by
personal delivery or by mail. Notices and invoices sent by mail shall be addressed to:
Herbert L. Prouty, City Attorney, 215 E. McKinney, Denton, Texas 76201. When so
addressed, the notice, invoice, and/or payment shall be deemed given upon deposit in the
United States Mail, postage prepaid. In all other instoncea notices, Invoices, and/or
payments shall be deemed given at the time of actual delivery. Changes may be made in the
names and addresses of the responsible person or office to whom notices, invoices, and/or
payments are to be sent, provided reasonable written notice is given.
IV. PROFESSIONAL COMPETENCY
A. The Consultant agrees that in the performance of these professional services, Consultant shalt
be responsible for the level of competency and shall use the same degree of skill and care
presently maintained by other practicing professionals performing the same or similar types
of work. For the purpose of this Agreement, the key persons who will be performing most of
the work hereunder shall be R. William Wood. However, nothing herein shall limit
Consultant from using other qualified and competent members of its firm to perform the
services required herein.
S. All legal opinions and other legal documents prepared or obtained under the terms of this
Agreement are instruments of service and the City shall retain ownership and a property
interest therein. If this Agreement is terminated at any time for any reason prior to payment
to the Consultant for work under this Agreement, all such documents prepared or obtained
under the terms of the Agreement shall upon termination be delivered to and become the
property of the City upon request and without restriction on their use or further compensation
to the Consultant.
V. ESTABLISHMENT AND MAINTENANCE OF RECORDS
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Full and accurate records shall be maintained by the Consultant at its place of business
with respect to all matterr covered by this Agreement. Such records shall be maintained for a
period of at least three (3) years after receipt of final payment under this Agreement. }
Vi. AUDITS AND INSPECTION
At any time during normal business hours and upon reasonable notice to the Consultant,
there shall be made available to the City all of the Consultant's records with respect to all matters
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covered by this Agreement. The Consultant shall permit the City to audit, examine, and make
excerpts or transcripts from such records, and to make audits of contracts, invoices, materials,
and other data relating to all matters covered by this Agreement.
VIL ACCOMPLISHMENT OF PROJECT
The Consultant shall commence, carry en, and complete any and all projects with all
practicable dispatch, in a sound, economical and efficient manner, and, in accordance with the
provisions hereof and all applicable laws. In accomplishing the projects, the Consultant shall
take such steps as are appropriate to ensure that the work involved is properly coordinated with
related work being carried on by the City.
V ill. INDEMNITY AND INDEPENDENT CONTRACTOR RELATIONSHIP
The Consultant shall perform all services as an independent contractor not under the
direct supervision and control of the City. Nothing berein shall be construed as creating a
relationship of employer and employee between the parties. The City and Consultant agree to
cooperate in the defense of any claims, action, suit, or proceeding of +uty kind brought by a third
party which may result from or directly or indirectly ariie from any nt,Jigence and/or errors or
omissions on the part of the Consultant or from any breach of the Consul tint's obligations under
this Agreement. In the event of any litigation or claim under this Agreement in which
Consultant is joined as a party, Consultant shall provide suitable counsel to defend the City and
Consultant against such claim, provided the Consultant shall have the right to proceed with the
competent counsel of its oum choosing. The Consultant agrees to defend, Indemnify and hold
harmless the City and all of its officers, agents, servants, and employees against any and all such
claims. The Consultant agrees to pay all expenses, including but not limited to attomey3' fees,
and satisfy all judgments which may be incurred or rendered against the City. Nothing herein
constitutes a waiver of any rights or remedies the City may have to pursue under either law or
equity, including, without limitation, a cause of action for specific perferriance or for damages, a
loss to the City, resulting from Consultant's negligent errors or omissions, or breach of contract,
and all such rights and remedies are expressly reserve'.
IX, TERMINATION OF AGREEMENT
A. In con,iection with the work outlined in this Agreement, it is agreed and fully understood by
the Consultant that the City may cancel or indefinitely suspend further work hereunder or
terminate this Agreement a' any time upon written notice to Consultant, Consultant shall
cease all work and labor being performed under this Agreement. Consultant may terminate
this Agreement Sy giving the 0y thirty (30) days written notice that Consultant is no longer
in a position to continue repres:nting the City. Consultant shall invoice th•; City for all work
satisfactorily completed and shall be compensated in accordance with the terms of this
Agreement. All reports and othe: documents, or data, or work related to the project shall
become the property of the Cit; upon termination of this Agreement.
B. This Agreement may be trnninated in whole or in part, in writing, by either patty in the event
of substantial failure by the other p ny to fulfill its obligations under this Agreement through
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no fault of the terminating party. Provided, however, that no such termination may be
effected, unless the other party Is given [1] written notice (delivered by certified mail, return
receipt requested) of intent to terminate, and not less than thirty (30) calendar days to cure
the failure; and [2] an opportunity for consultation with the terminating party prior to
termination.
C. Nothing contained herein or elsewhere in this Agreement shall require the City to pay for any
work which is unsatisfactory or whlch is not submitted in compliance with the terms of this
Agreement.
X. ALTERNATE DISPUTE RESOLUTION ,
11 a Consultant agrees that, if necessary, it will use its best efforts to resolve any disputes
regarding the Agreement through the use of mediation or other forms of alternate dispute
resolution set forth in Chapter 154 of the Texas Civil Practice and Remedies Code (V.A.T.C.S.).
XI. ENTIRE AGREEMENT
This Agreement represents the entire agreement and understanding between the parties,
and any negotiations, proposals, or oraf agreements are intended to be integrated herein and to be
superseded by this writtekr Agreement. Any supplement or amendment to this Agreement to be
effective shall be in writing and signed by the City and the Cons0tant.
XI 1. COMPLIANCE WITH LAWS
The Consultant shall comply with all federal, state, and local laws, riles, regulations, and
ordinances applicable to the work covered hereunder as they may now reed or hereafter be
amended, including but not limited to the Texas Disciplinary Rales of Professional Co' duct.
XIII. GOVERNINO LAW `
For the purpose of determining place of agreement and law governing name, this
Agreement is entered into in the City and County of Denton, State of Texas, and shall be
governed by the laws of the state of Texas. Venue and jurisdiction of any suit or.ause of action
arising under or in connection with thin Agreement shall be exclusively in a cast of competent
jurisdiction sitting in Denton County.
XIV, DISCRIMINATION PROHIBITED
In performing the services required hereunder, the Consultaot shall not discriminate
against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or t: tr n
physical handicap.
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XV. PERSONNEL
A. The Consultant represents that it has or will secure at its own expense all personnel required
to perform all the services required under this Agreement. Such personnel shall not be
employees or have any contractual relations with the City. Consultant shall inform the City
of any conflict of interest or potential conflict of interest that may arise during the term of
this Agreement, in accordance with Consultant's responsibilities under the Texas
Disciplinary Rules o 'Professional Conduct.
B. All services required hereunder will be performed by the Consultant or under its direct
supervision. All )ersonnel engaged in work shall be qualified and shall be authorized or
permitted under rate and local laws to perform such services.
XVI. ASSIGNABILITY
The Consultant shall not assign any interest in this Agreement and shall not transfer any
interest in this 1 greement (whether by assignment, novation, or c tiurwise) without the prior
written consent, if the City thereto.
XVII. SEVERABILITY
All agreements and covenants contained herein are severable, and in the event any of
them, with tic exception of those contained in sections headed "Scope of Services",
"Independent Contractor Relationship," and "Compensation and Method of Payment" hereof,
shall be he;6 to be invalid by any court of competent jurisdiction, this Agreement shall be
interpreted as though such invalid agreements or covenants were not contained herein.
XV111. RESPONSIBILITIES FOR CLAIMS AND LIABILITY
A,oproval by the City shall not constitute nor be deemed a release of the responsibility
and liability of the Consultant for the accuracy and competency of its work; nor shall such
approva'r be deemed to be an assumption of such responsibility of the City for any defect in any
report r,r other documents prepared by the Consultant, its employees, officers, agents and
consultants.
XIX. MODIFICATION OF AGREEMENT
No waiver or modifcation of this Agreement or of any covenant, condition, or limitation
he,vin wntained shad be valid unless in writing W duly executed by the party to be charged
there~Ath, and no evidence of any waiver or modification shall ba. offered or received in evidence
in any proceeding arising between the parties hLieto out of or affecting this Agreement, or the
rights or obligations of the parties hereunder, unless such waiver or modification is in writing,
J duly executed as aforesaid; and, the parties further agree that the provisions of this section will
not be waived as herein set forth.
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XX. CAPTIONS
The captions of eds Agreement are for information:d purposes only and shali not in any
way affect the substantive terms or conditions of this Agreement.
XXI. BINDING EFFECT
This Agreement shall by binding upon and inure to the benefit of the parries hereto and
their respective heirs, executors, administrators, legal representatives, successors, and assigns
where permitted by this Agreement.
IN WITNESS HEREOF, the City of Denton, Texas, has caused this Agreement to be
executed In duplicate originals by its duly authorized City Manager, and Consultant has executed
this Agreement through its duly authorized undersigned partner, dated Us the day of
.1999"
CITY OF DENTON
BY:
MICHAEL W. JEZ, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUfY, CITY ATTORNEY
/ WOOD, THACKER & WEATHFALY, PC
BY:
~ or tnerr..nunMleu,~rr".m1 ~a..w~,rl, /m
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AGENDA INFORMATION SHEET
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AGENDA DATE: Apri120,1999
DEPARTMENT: Finance 1J
CM/DCM/ACM: Kathy DuRosc
SUBJECTS
Approve a resolution authorizing the City Council to appoint a special Citizens Advisory
Committee for the Capital Improvement Program and declaring an effective dale.
BACKGROUND:
Council appointed a Citizens Advisory Committee in 199S to study capital Improvement
needs and make recommendations for projects to be included in the 1996 Bond Program.
The committee was composed of reven appointments per Council Member and one
chairperson appointed by the ent re Council. The City Issued the remaining authorized
bonds from the 1996 Bond P%ram this year to complete that program. It Is now
necessary to pass a resolution to appoint apother Citizens Advisory Committee to study
capital 'my+rovement needs and make recommendations for capital projw:ts to be Included
in a January 2000 bond election.
OPT IONS:
City Council may approve a resolution to appoint a Citizens Advisory Committee and the
Chair of the Committee utilizing the same methodology as used in the 1996 bond process
or a ne N methodology as directed by Council.
RECOMMENDATION
Staff recommends that Council approve a resolution to appoint a Citizens Advisory
Committee composed of seven appointments per Council Member with one chairperson
appointed by the entire Council.
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Spec t u lined:
Fort
Director o Management and Budgd
Prepared by,
Kathy !}rooks
FlnancW Analyst
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RESOLUTION N0.
A RESOLUTION AUTHORIZING THE CITY COUNCIL TO APPOINT A SPECIAL
CITIZENS ADVISORY COMMITTEE FOR THE CAPITAL IMPROVEMENT PROGRAM;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, in accordance with the City Charter of the City of Denton, the Plannhrg and
Zoning Commission has submitted a list of recommended capital improvements to be undertaken
in the next five years; and
WHEREAS, impleweatation of the capi'.rt1 improvements plan is an essential element of
the goal of maintaining the quality of life for the community by providing for the nemotry
infrastructure, improvements, and services to adequately serve the community; and
WHEREAS, the City Council has determined that it would be advisable to creme a
Special Citizens Advisory Committee to provide recommendations on the manner of
implementing the capital Improvements plan; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That a Spacial Citizens Advisory Committee shall be appointed to make
recommendations to the City Council on the manner of implementing the City's five-year capital
Improvements plan.
SECTION II. Th it the Special Citizens Advisory Committee shall be composed of fifty
(50) persons of the community appointed by the Council, seven (7) appointments per
councitmember and one chairperson sppointeJ by the entire Council. The Committee shall
j perform its functions in accordance with the intent of this resolution as directed by the Council
SECTION III, That this resolution shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this tle day of .1999.
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LACK MILLER, MAYOR
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JENNIFER WALTERS, CITY SECRETARY r~ c
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APPROVED AS TO LEGAL FORM;
URBERT L. PROM, CITY ATTORNEY
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AGENDA INFORMATION SHEET
AGENDA DATE: April 20,1999
DEPARTMENT: City Manager's Office
CM/DCM/ACM: Michael W. Jtz, City Manager
SUBJECT:
Appointment of Kerri Burnside to the Civil Service Commission
BACKGROUND;
Pursuant to the Texas Local Government Code Chapter 143 Section 006, it is the responsibility
of the City Manager to make appointments to the Civil Service Commission. An appointment is
necessary at this time due to the Immediate resignation of Commissioner Jana Bates. It is my
intention to appoint Ms. Karl Burnside to the position subject to City Council confirmation.
OPTIONS:
Confirmation of the appointment.
RespectUly submitted:
Michael W, Je
City manager
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AGENDA INFORMATION SHEET
AGENDA DATE: April 20, 1999
DEPARTMENT: City Manager's Office
CM: Mike Jez, City Manager
SUBJEC"I
Consider nominations and appointments to the City's Boards and Commissions.
AACKGROUND
The following is a list of current Board/Commission vacancies/nominations:
Vemie Wilson has been submitted by Council Member Young for the Keep Denton Beautiful
Board.
Steven Poston has res'rgmed from the Keep Denton Beautiful Board. This is a nomination for
Council Member Durrance.
Fran Moore has resigned from the Human Services Committee. This Is a nomination for Council
Membcr Burroughs.
I fyou require any further information, please let me know.
Res tfully submitted:
fer Wa0i
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AGENDA INFORMATION SHEET
AGENDA DATE: April 20,1999
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DEPARTMENT: City Manager's Office
CM: Michael Jez, City Manager
SUBJECT
Consider a motion to authorize the holding of a City Council meeting outside of City Hall.
BACKGROUND
On August 5, 1997 the Council adopted Ordinance No. 97-220 which allows the holding of Council
meetings outside of City Hall under certain circumstances. This was in accordance with Section 2.05 of
the City Charter and Section 4.1 of the Rules and Procedure of the City Council. The ordinance indicates
that the Council may hold meetings in places away from City Hall so long as the Mayor announces the
location of that ,netting at the City Council meeting immediately preceding d:e meeting to be changed,
and a motion or simple resolution is approved by at least four members of the Council. On Wednesday,
April 21, 1999, the Council will be holding a joint meeting with the Denton Independent School District i
Board of Trustees at the DISD Administration Build;ng, Approval of this motion will allow compliance
with Ordinance No. 97-220. Ordinance No. 97.220, Section 2,05 of the Charter and Section 41 of the
Rules and Procedure are attached for your review,
s;"11ullyubmi",ed:
er ers
Sec ary
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ORDINANCE NO. -Y-1- t2
AN ORDINANCE AUTHORIZING THE CITY COUNCIL, UNDER THE CIKCUMSTANCES
PRF V OUS MEETINGS AND AC'C ONS;IAND PROVIDING AN EFFECTIVE DATE~TING
WHEREAS, the City hall or the Denton Municipal Building Is In the process of being
renovated and is not available for City Council meetings during the period of renovation due to r
lack of appropriate space to accommodate all members of the public, lack or proper access to
persons with disabilities and due to potential dangers and Inconvenience to the members of the
genrral public during construction; and
WHEREAS, the City Council from time to time may need to hold meetings away from
City hall to serve the public interest; NOW, TI IEREFORE,
BE IT ORUAINED W! THE CITY COUNCIL OF THE CITY OF DKNTON, TEXAS:
SKjONJ Tlhe City Council, for the period Iron July I, 1997 until the Council
Chambers in the City Itall at 215 East McKinney Street, are completely renovated and ready for
public use shall hold all Its meetings in ilia Police Department Conference Room, the Central
Jury Room and other areas of the Denton Municipal Complex at 601 East Hickory Street, I
Denton, Texts, unless it directs the meetings be held in another location by ordinance or
tesululion.
Ft I~1. That the City Council shall hold -neelings on the budget beginning at 9:00
a in, on August 8 and August 15, 1997 in the Golden Eagle Suite in the University of North
Texas Union Building at prairie at Avenue A, Denton, Texas.
y S.FiC] miji in accordance with section 2.o5 of the Cii Charter and section 4.1 of the
Mules and Procedure of the City Council, the City Council may from time to lime hold joint
meetings with the Denton Independent ochool District, workshop meetings, retreat and budget
meetings and regular and special meetings in places away from City hall that are readily
accessible to all members of the public so long as the Mayor announces the location of that
meting at the meeting of the City Council Immediately proceeding the meeting ;nd, ae motion or
simple resolution Is epptoved by at least four members of ilia Council, approving meeting
site, All such meetings shall be held in accordance with Chapter SSI of the Government Code.
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5133 '1QNjV• All previous meetings and all actions taken at those meetings held at a
lucation other than the City (tall at 215 East McKinney Street, Including, without limitation, any
joint meetings with ilia Dcnlon Independent School District and the Denton Planning 1
Commission , any workslhops or retreats, ate hereby affirmed, ratified and approved,
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sEC7WN V. That this ordir.nce shall become effective immediately upon Na passage
and approval.
PASSED AND APPROVED this the day of_
1997.
JAC ILLER, MAYOR
ATTEST:
JENNWER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
IIERBERT L. PROUTY, CITY ATTORNEY
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CHARTER 1 9.00
law, but shall nut hderfere with 1116 rnm+ngorlal duties and rear m+eibiBtia of ilia city man•
riper. 'flit mayor rhnll have all ilia erinre powers and privileges as ally other cour+cilmember,
hlcluding cnlillen+ent (o vote upon all maltars conaldoted by the council, but 611011 hove no
veto paver. 1,114 count'l snail, no loan as possible after the annual election, elect from Its
urclnbtahtp n wnyor pro lern, 7710 nayor pro lam shall act as mnyor during Ilia absence or
d;snbility or Ilia n.layor dud Na vacancy eeture shall beconne mnyor for the completlan of ilia
unaspired tenu.
(Old. No. 70.4 112. 19.1170, ratified 1.1010)
See. 9.04; Vncancles hr council.
Where a vocmlcy in ally lrlace all the cou11olf shall occur, the vacant place shall be lilted Y
by o p•eclnl election, 01111, w11ero necessary, by a runoff election, lu ilia Male h+anner 0e
provided hr thle thnrter fur ilia regular election of the couclipersoh. Such special election
6hnii ),a held on d Snturday wilt+ln sixty tout Jaye following ilia creation orthe vacancy, and
the nunuir election, wbei a nocesedry, shall bo bold on the fourteenth day after the precedhlg
pleclio11; provided, however, that whard a vdcacyshall occur within one hundred and twenty
(120) days of a rogilar election, no special election to 1111 the vacancy sllmii be wleJ, unites
inure thou one vacancy occurs.
Wit[ No. 7019, Ameu1, No. 9, 44.70)
Nee. I.M. nleetlnaR of Ilia council.
fat Cn ilia second Midi Tuesday In April, or as won lhere0fter no practicable, Ilia council
shall nrcel of Ilia city limit and ilia hewlyelected membore shall qualify mild aesurhe Ilia duties
oroinca, 7berenfler, ilia council ellnli meat regularly at such times as may bo prescribed by Its
rules but nut Ices rrequenlly than once each calendar tnon(11. All meetings or lire council shell
be held at ilia city 110[1 inlets Ilia council mile[] by ordinanco or teeolution deefgnat4 another
place.
Ibl Special nncetings 611a[l be Called by the clly secretary upon request of the mayor, c(ly
naanngtr, or a 1114arily or ilia mambore or the courca
(c) The city nlaloger 06011 attend fill meet[nge of 1110 council and nay take part 1-1 1116
dfimell [oil of rill mallets ranlhlg beroro the counell but slid]] hdva fie vote.
IUrd. No. 70 8o, 12, 12.11.70, ratified 1.1980)
See. 9.00, puotum, voting.
(a) A ingorlly of tine rnead,ers of the council shall Co11stltuto d quorunn for Il+e transaction '
or bualnese, slid Ilia altirnm(ive tuts of a 11140t1ty of 1110 council shall be ]necessary, to tel+es)
ony ard[11a+ce or take any ofilclal action 61 the hams of the city, except as otherwise ptovldod (t;•
lu lhle Charley or by lire general laws of khe lllo(e or Texee.
Ili) Tho nyee aed hope shrill be taken upon ilia passage of all ordhrgiress or resolutions gild
[lie vote of each member elmll be reMOW h, Ilia minutes.
'<'rd. No. 70.19, Amend. No. 0, i 0.70; Ord. No. TO 80, { 9, 19.11.70, ratified 1.1980)
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I@) no staff member, other than a state member having Elie
floor shall enter into any discussion either directly or Indirect-
ly without permission of the pr@old1mg officer,
3.3 cltlzenal
(a) C1Elzenm are welcome and invited to attend all moetLsga
of the Council, slid will be admitted to the Council chamber up to
Lisa fire safety capacity of the room.
(b) ' All eltleeng will refrain from prlvats r:onvoteations In
Else chamber while tiro council Is in 8@661011.
(c) Citizens attanding council meetings shall observe the
same rules of propriety, decorum, and good conduct applicable to
the administrative staff. Any petson making personal, impertinent,
or slanderous remarks or who becomes boisterous while addreasing
the Council or while attending tlse Council ma%ting shall be removed
from Else room If the Sergeant-at-Acme is so directed by tine presi-
ding officer, and such person shall be barred from further audience
before Else Council daring that session of the council.
(d) Unauthorized remarks from the audience, stamping of
feat, applauding, whletles, yells, and similar demonstrations shall
not be permitted by the presiding officer, who shall direct t)se
Sergeant-at-Arms to remove such offenders from the room. In case
the prealding officer shall fall to act, any member of the council
may move to require him or liar to act to enforce the rules, and Elio
nrfirmative vote of four (4members of the Council shall require
Else prealding officer to act.
(e) 140 pplacards, banners or signs of any kind will be
permitted In Eiso council chamber except exhibits, displays and
visual aide used Its connection with presentations to the Council,
provided that such oxhlbits, displays snd vlsua.l aids do not
disrupt tine meeting,
1.4 1~ll~grcgtget~t1 The City Manager, In Elio abeonce of a
denignated law enforcem@nt officer, shall act as Sergoamt-et-Arms
for tine Counall, and shall furnish whatever assistance is needed to
enforco the rules of decorum heraln astablished.
3.5 ApjLLJW_At naggpj l Tlse City eacretary, City Manager
and City Attorney shall occupy the respective seats In the Counall
Chamber 89111gnod to theta by the Mayor, but any two or more members ll ~
of the Council may exchange seats.
4. TIPEB_o" BATINCA
ti 4.1 Req H eetjUggI The Council shall moot at seven
osaloilt p.m, on the first and thud Tuoeday or oaclt month or at any
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other times set by the Councli, uniern postponed or canceled for
valid reasons. All regular meetings of the council will be held in
Elio Municipal Building at 215 past McKinney Street, or sucii loca-
tloii as the City Counali may by mocion, resolution or ordlnance
signate.
L-2! 4.2 1; aala.Lllstat"QI Special meetings may be called by the
Mayor, the City manager, or by an three members of the council.
'I'lie call for a special meeting shell be filed with the City Secre-
tary in written form, and he or she shall post notice thereof as
provided by law.
4.3 Y_pjkQll``g~pQjC@kj,lLgl Itorkehnp meetings or work eesslons
may be called using the same procedure required fur special moot-
lrigs. Igoe Sec. 4.2) The purpose of Lite workshop meeting is to
discuss or explore mattore of interest to the City, to moot with a
city Board, commission or committee Membera, city staff or
officers of civic organizations, governing bodies or Individuals
specifically invited to Elio session by Elio Mayor, Council or City
Hanagnr. 111080 meetings are Informational and normally, no final
nation shall be taken unless Elie posted agenda Indicates otherwise.
Citizens or other interested persons Otte;rding tit* work mansion
will not be allowed to participate In the session unless invited to
do no by the Mayor. citizens •liould be advised of the Nature of
tits work session end that their Input maybe received and consid-
ered at a regularly acheduled council meatlrnl where tiie agenda pro-
vides for final action to be taken on tits matter. The purpose of
this procedure is to allow the altlzens attendlnq the regular
meeting tiie opportunity of hearing the views of their fellow
cltlzens in a more formal setting. Any citizen may supply the City
council a written statement or report regarding Elio eltlzan's
opinion on a matter being discussed in a work session. if the
Mayor invites citizens to participate in a work sassion, their
participation will cesno at the point the Mayor closes the session
to public Input to allow the Council to give city staff direction
as to needed Information for the possible future MOetlnq without
dlstraoting comment from tits audience.
4.4 ZjgLgeney_ i jl>ggl In Casa of emergency or urgent
public necessity, which shall be expressed In the nodes of the
meeting, an emergency meeting may be called by the Mayor, the city J
Hnnager or by three members of the Council, and it shall be muf-
f Lclent if Elio notice is posted two hours before Elie meeting is
Convened.
4.5 CioseA,,mul ugllI The council may most In a closed
meoLing pursuant to the requirements of the Texas Open Meetings
Act, Chapter 551, TEX. COV'T CODE ANN. (Vernon 1994), ar amended.
1,
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Campus Park Student Housing is a joint venture between International Realty, Inc. of San
Antonio, TX and Barrow Heath, Inc. of Dallas, TX. The venture acts as a developer and
manager for on and off campus student apartment complexes at major universities and colleges.
Existing apartments and dormitories do not meet the enormous demand for good quality student
housing. Universities welcome the additional housing because it helps to alleviate the housing
shortages on campus and eases the pressure rn the school to spend money on residence ha'Rs.
Campus Park Student Housing applies proven concepts in traditional apartment living to create a
quality residential community that caters to the university student.
The collegians of the Denton community will be provided housing that not only supports the goals
of the institutions and students but also the goals of The Denton Plan, as noted in the policies of
new comprehensive plan:
" Alternative types of housing that respond to the differing economic and individual life-
styles of Denton 's citizens should be developed in all areas of the city to achieve balance and
diversity. All people who work in Denton should be able to live in Denton.'
" The range of housing types :available for the specialized needs of the elderly, disabled,
low income, students, or ftmal t headed households should be acknowledged is pan of a strategy
to diversify our neighborhoods."
The Camp is Park project at Denton will be a 192 unit complex will consist of 10 three-story
buildings and a combination clubroom and leasing office. The building exteriors hill be brick and i
siding, Interior amenities include nine foot ceilings, washer/driers in all units, ceiling fans in all
bedrooms, mini-blinds, vaulted ceilings, frost free refrigerators with ice makers, stoves, dishwashers,
disposals and vent hoods, microwaves, and panic alarms. Common area amenities include limited
access gates and fence, swimming pool, jacuzzi sport court, sand volleyball, fitness facility,
computers, fax and copy machine as well as study rooms are provided for the students use. Cable
7V will be available to all residents.
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At Campus Park Student Ho [ng, we mM the opportunity to do what we do beet: the
development, leuing and management of high qual'ry spertrwd owwwKM for univer9ty
skxW A,. Dlllgent, in-depth efts selection, an klnovativa managansnt spproeoh, and
$ atlantlon to the student IHeetyU poeklon Campus PsAa to meta the most a this Nable market
a nk ha. Cu,mique approach ooupled with our devekoW4M axpargsa brimp a grater rowm
i 1 to our tnveetm. DeapMe w siooeeeee, we will oortinus 'o search for ways to Improve the
` return on cepllal krvssted with Watty plrced at the loWtsrm Impact d our declakxa. 3
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