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HomeMy WebLinkAbout07-13-1999 u a i July 13, 1999 Agenda Packet i s. AGENDA CITY OF DENTON CITY COUNCIL II / July 13, 1999 Ater determining that a quorum is present and convening In an open meeting, the City Council will convene In a closed meeting of the City of Denton City Council on Tuesday, July 13, 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. $31.071. 1. Discuss and consult with the City's attorney, including outside legal counsel, litigation styled City ofDanlon v. Denton County Fresh Water - Supply District No. Jd and Denton County Fresh Water Supply District No. S, Cause No. 99.40158.362, filed in the 362nd District Court of Denton County, Texas, Including strategy and possible settlement negotiations. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEX. GOVT. CODE CH, 551. THE CITY COUNCIL RESERVES THE. RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT, CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS SS1.071.531.085 OF THE OPEN MEETINGS ACT. Special Called Meeting of the City of Denton City Council on Tuesday, July 13, 1999 at 6:00 p.m. in the Council Chambers at City Hall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1. Pledge of Allegiance s A. U.S. Flag B. Texas Flag "Honor the Texas Fla,-- I pledge allegiance to thee, Texas, one and indivisible" CONSENT AGENDA Each of these items Is recommended by the Staff and approval thereof will be strictly on the basis r (Af- r' of the Staff recommendations. Approval of the Consent Agenda authorizes the City manager or his designee to implement each item in accordance with the Starr recommendations. The City Council has received background information and has had an opportunity to false questions regarding these Items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Consent Agenda (Agenda Items 2.6), 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 c, City of Donlon City Council Agenda July 13, 1999 Page 2 Agenda Items 2.6 below will be approved with one motion. Iritems are pulled for separate discussion, they will be considered as the first ite,ns under "items for Individual Coosideration". 2. Consider approval of a vehicle inventory tax refund to Jimmy Brazile In the amount of $548,38 due to an overpayment made on tax account #91$544. 3. Consider approval of a vehicle inventory tax refund to Cycle Center of Denton In the amount of $2,289.47 due to an overpayment on lax account #918629. 4. Consider approval of a vehicle inventory lax refund to Denton Motor in the amount of $1,659,67 due to an overpayment made on tax account #914803. S. Consider adoption of an ordinance regarding the rezoning of 3.79 acres from a two' family dwelling (2F) maing district to a Central Business (CB) zoning district. The property is bounded on the north by Parkway, on the south by Pearl Street, on the cost by Bolivar Street and on the west by Carroll Boulevard. The proposal is to develop a bank on the westem portion of the bile. The Planning and Zoning Commission recommends approval (6-0, Glanzer absent) with conditions and the City Council approved the rezoning (6-0, Durance absent) on May 11, 1999. (Z-99-028, Northstar Bank-formerly Lake Cities Bank) 6. Consider adoption of an ordinance authorizing the City Manager to make an application with and thou to execute a public transportation agreement and subsequent amendments with the Tcxcs Department of Transportation for funding public transportation; and providing an effective date. VAIUANCES 7. Consider approval of an exaction variance from Section 34.114(5) of the Subdivision and Land Development Regulations concerning perimeter paving. The 0.758 acre subject property Is located on the northeast corner of Willowwood Street and Kendolph, The proposed use is two (2) single-family residential lots The Planning and Zoning Commission recommends approval (5.2). (V-99-008, Laramie Addition) B. Consider approval of exaction variances concerned witlr establishing water utility standards for tir protection purposes for the Clear Ridge Addition. A) An exaction variance from Section 34-116(c) of the Subdivision and I Land Development Regulations pertaining to water line capacity. The Planning and Zoning Commission recommends approval (6-0). ii B) An exaction variance from Section 34-116(c) of the Subdivision and s f 1 e Land Development Regulations pedahilng to fire hydrants. The Planning and Zoning Commission recommends approval (5.1), The 273,893 acre site is located on the south side of Elm Bottom Circle, east of F.M. 428 and is in the City of Denton's ETV, Division I. The proposed use Is seven (7) single- family residential lots. (V-99.009, Clear Ridge Addition) 4 r 1 i. i M City of Denton City Council Agenda July 13, 1999 Page 3 9. Consider approval of exaction variances tram Section 14.114(5) and Section 34.114(17), concerning perimeter streets and sidee:s;ks, of the Subdivision and Land Development Regulations for the Preserve at Pecan Creek Addition, Phase I. The 169.2 acre subdivision is located east of N. Swisher Road and north of Shady Shores Road. The developer has requested the variances from perimeter street and sidewalk improvements along the portions of Pockrus Page Road and N. Swisher Road, because the development will not directly access these streets. In lieu of these Improvements, the developer has proposed to make altemative Improvements. The Planning and Zoning Commission recommended approval (5.2) with conditions. (V-98-012, The Preserve at Pecan Creek) ]JEb1C FOR INDIVIDUAL CONSIDERATION 10, Consider and take action on appeal of Tim Beaty, Phillip Strange, and TNT Properties, the owners and developers of a proposed multi-family project to be located at the comer of Ross and Carroll Bot' ward within the City of Denton, Texas, known as Alexa Lynn Beaty Addition, for both an appeal and an exception to be relieved of the provisions of Resolution No. R99.022, as amended, which places a moratorium on multi-family housing, under Sections VI and Vll of the resolution. 11. Consider and take action on appeal of Windjammer, I.TD, the owners and developers ors proposed multi-family project to be located generally at Wind River Lane and Interstate 35E within the City of Deetor Texas, for both an appeal and exception to be relieved of the provisions of Resolution No. R99.022, as amended, which places a moratorium on multi-family housing, under Sections VI and VII of the resolution. 12. Consider and take action on an exception request of Mesa Design Group, on behalf of the owners and developers of a proposed Planned Development Concept Plan amendment intended to contain multi-family housing to be located generally on the west side of Bonnie Brae, north from the intersection of Windsor Drive, extending to Highway 77, within the City of Denton, Texas, for an exception to be relieved of the provisions of Resolution No. R99.022, as amended, which places a moratorium On multi-family housing, under Section VII, subsection 2, item 2 of the resolution, :3. Consider and take action on an exception request by lack Bell Companies, Ina, the owner and developer of a proposed multi-family project to be located on Lots 13 and 14 Block A Sunvalley Addition in Denton, Texas FNr both an appeal et d an exception to be relieved of the provisions of Resolution No, R99.022, as ame tded, which places a moratorium on multi-family housing, under Sections VI and vii of the resolution. 14. Consider adoption of an ordinance abandoning and vacating a 12 foot sanitary sewer i ' easement through Lots 15.17 of Block B of the McDonnell Highland Addition, Phase : and future Phase 3 and recorded in Volume 695, page 350 of the Deed of Recnrds of Denton County, Texas; and declaring an effective date. i5. Consider adoption of an ordinance approving an easement agreement between the City of Denton and Paul Kovar, Audrey Diane Shaw and Susan Kovar Smith, regarding the defining of an electric utilities easement granted to the City frota a blanket easement c; I I City of Denton City Council Agenda July 13,1999 4 Page 4 previously asilgned to the City of Denton from Brazos Electric Power Cooperative; and providing an effective date. 16. Consider adoption cf a resolution authorizing the City Manager, U Dentou's authorized representative, to accept on behalf of the City of Donlon an offer from the Texas Department of Transporiat?on (TxDOT) relating to a grant for certain improvements to the Denton Municipal Airport; confimiing an agreement to pay 10°/. of the total project costs and designating TxDOT as the City's grant administration of Federal and State funds for said project; and providing an effective date, 17. Consider adoptiet, of an ordinance approving a real estate contract between the City of Denton and Eva Flaine, Inc., relating to the purchase of 0,662 acres of land for the expansion of U.S. Highway 77 (Parcel 29); authorizing the expenditure of funds therefor; and providing an effective date. 18. Consider adoption of an ordinance approving a real estate contract between the City of Denton and Joseph E. Keck and Barbara Keck, relating to the purchase of 0.005 acres of land for the expansion of U,S. Highway 77 (Parcel 43); authorizing the expenditure of funds therefor; and providing an effective date. i 19. Consider adoption of an ordinance approving a real estate contract between the City of Denton and Eva Elaine, Inc., relating to the purchase of 0.318 acres of land for the expansion of U.S. Highway 77 (Parcel 26); authorizing the expenditure of funds tberefor; and providing Li effective date. 20, Receive and con!ider a recommendation from the Interim Oversight Committee. 21, Consider nominations/appointments to City Boards and Commisalons, 22. Consider closing Texas Street at the Union Pacific tracks in exchange for a pernament crossing at Nottingham Street at the Union Pacific tracks. 23. Miscellaneous Matters from the City Manager, 24. New Business This item provides a section for C'ourcil Members to suggest items for future agendas. 25. Possible continuation of Closed Meeting under Sections 531.071-551.083 of the Texas Open Meetings Act. ri 26, Official Action on Closed Meeting under Sections 551.071-551,085 of the Texas Open ! k arJi-~ o Meetings Act. I r i i (i City of Denton City Council Agenda July 13. Page S CERTIFICATE I certify that the above notice of meeting was posted on the buli Ain board at the City Ha11 of the city of Denton, Texas, on the day of---.., 1999 at o'clock (a.m.)(p.m.). i CITY SECRETARY NOTE;THE CITY OF DENTON CITY COUNCIL CHAMBERS 1S ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARINO IMPAIRED IF REQUESTED AT LEAST 48 HOURS TN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800- RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THPOUGH THE CITY SECRETARY'S OFFICE. 1 E , A i C, 1 u . ~ AOIMI iNtn AGENDA INFORMATION SHEET AGENDA DATE: July 13, 1999 DEPARTMENT: FiscalOperstlonslTax ACM: Kathy DuBose, FL -I do Municipal Services SUBJEC17, Consider approval or a vehicle tax refund to Jimmy Brazile in the amount of $548.38 due to an overpayment made on tax account 915544. BACKGROOD Chapter 31.11 of the Texas Property Tax Code requires approval of the governing body of the taxing unit for refunds In excess of $300.00. Jimmy Brazile has requested it refund In the amount of $548.38 because an overpayment was made on the account in error. Al I completed forma necessary for refund have beau returned and xv attached. FISCAL INFO&MMI The tax overpayment revenue fund would be reduced by $548.38. Respectfully submitted: r 1 i a Ortiz t Director of Fiscal Operations Prepared by: %SuAyCho- Treasury Analyst i 1 c . 0 . TAX REFUND CHECK REQUISITION - VOUCHER TAX 49000 PAY T0: CHECK NUMBER Jim,i y Brazilo 78331-35E North $ 648.38 AMOUNT Denton, TX 76207 TAX DEPARTMENT ! _May 9. 1999 DATE INVOICE, DATE, NUMBER AND OR EXPLANATION ACCT, NO. NET INV. AMT. AUTOMATIC REFUND FOR ACCOUNT i 0 915544 100-3044 $ 342,05 97 Tax 655.35 303-3044 206.33 1 Payment 1122198 (1,103.73) (548.38) Batance to Refund .L11.48 .1 TOTAL $ 648.38 THE ABOVE N,#,S BUN REVIEWED AND RECOMMENDATION FOR BILLING IS MADE BY THE UNDERSIGNED, ACCOUNTING APPROVAL 610NATURE CITY MANAGER APPROVAL DIRECTOR OF FINANCE APPROVAL F• I i 2 r t f APPLICATION FOR TAX REFUND fWtle CITY OF DENTON TAX OFFICE CITY OF DENTON o q Is jM~ e 601 E. HICKORY SUITE F DENTON TX 78205 940 349-8318 To apply for a tax refund the taxpayer must complete the following. Owl* Wr Slap 1: tit M CO Owner's name 61 3 - g5 E !l)o~t Tf.l and ,address pe-ti-ro 0 Step 2: 111 desvlpflon (a abash Copy of ma W bit of lax noeiplr Oe6DA5e the property Addrss or locallon of proper4,; Acaounl number of property: Tax refelpl number; q ) 65L1 ~ OR Name ear 1N MrouA Artbua C1 Texlrq lhrx F1q VAkh For WHch Reruod of fly 00 Reaxd le ReQdWed Is Peeuwpd Tax P►prwnl Taxes Paid aTRx"Mteedd Step 3: 1. C+ rb Lxvitcv,% trZzJC)B 1103,,7-3 5W. 3E3 Gha the lax 2, payment 3. Information 4. 5. , Taxpayer 's reason for refund (attach supponir,p documentation): L nu4aj- 11 hereby a tar ero ntund Co to above-des ►d lax" and 0Mly Met ft InfamisDon I Mw pwn on alb Is by P4 Step 4: cones b to bail "m xnordeo and ballet.' iouton Ky lax Forum: Sign the rorm here e \ 9Q Any pe who makes a false entry upon the foregoing record shall be suW loone of the fallowing penalties: t. Imprlaonnvril of not more that the 10 years nor less Ihen 2 years endror a One of not more 11$5,000 or both such fine end Imprisonment 2, Confinement in jag W o term up to 1 yew or a One to exceed $2,000 or bo6h such f fine and Im lsonment as set forth In Section 31.10 Penat Code, A.. • t Step 6: This tax refund Is; Approved Disapproved t7rncer Tax refund sign :Dole more determination esog e wxffg un s a G a,v sign here 3 U VIT Refund 1906 1097 1999 OVERPAY ACCOUNTS NAME OVERPAY OVERPAY OVERPAY BALANCE q own motors 5 4399 6 32.42 1; 1 9147.7;0-;000 Honest John's Caddy Comer 10.08 19.08 9141.630-M Jerk's FrortlerMotor@ 15.48 15.48 9148-030.0000 Donlon Mar s 1.650.07 1.669.67 0140.200.OW Sem's 8041m Motors Inc. 05.76 87.66 183.44 9148-220.0000 Stanford's Auto Sales 9.71 19.46 20.22 9149-360.0000 BNI Utter Ford, Inc. 2,009.41 3,413.26 6,482.69 9166-410.0000 Hill Motors 57,36 57.36 9171.080.0000 Flegp Marine 141.36 157,42 298.60 9171-ebo-oooo Eckert Hyundai, Inc. 627.84 627,64 0411.9200000 GoldenTriamis Restorations 17.04 141.15 67.99 246,16 0111.9300000 Hoes Auto Sales 9.23 19.16 9.84 38.02 9172.000.0000 Southwest Trunks 37843 378.63 9114.2900000 John Polar Motor Co 6.92 16.20 22.21 9114.3000000 Hemphill But Sates Inc, 466.88 469.86 9188.290.0000 Cycle Center of Banton 1,070.95 1,210.52 2,289,47, 0 tee.300-0000 Cycle Canter of Benton 176.66 106.13 284.78 0186.310-M Ezec Whotessk Auto 36.51 84.30 119.61 918e4B0.OO00 Rescue Safety Products 274.63 274.83 0186.490.0000 Td-Stele Van 8 Bus Sates 10916 142.87 262.42 9191.9900000 0 rl, L Sales 34.38 92.42 126,60 0193-010.0000 Cjrtfbd Car Corp 66.90 58.90 9193.060.0000 Chase Autopiex 95.22 06.22 J 9195120.0000 Roy Rlmey Automobile Sales 61.61 29.04 90.65 1 9148450.0000 Thon,P4On Classic Motor sates 6.62 3.43 5.14 15.09 ' 9165.430.0000 James Wood Aulop" 4601.21 4,001.21 9165.440.0000 Jk", snips MOW CoMe on 648.36 548.38 9165490-0000 8knpsm's Autoplex 0.33 4.70 5.00 918e-420-000 Robed a Auto world 11.43 11.43 9192.090-om RV Works of TX 366.26 365.26 9147.51000w P,d90tee Auto Sales 211.80 211.80 91474680.0000 Conlon Imports 2816 29.05 0147.900.0000 Kul Krouse Autos 41,60 41.60 9146-020.0000 Montarrey Cer Co 25.89 9.42 2284 58.16 9148430-0000 Pro sibs Motor Saks 11.34 11.34 9148.190.0000 • 4842 48.92 9147.450.0000 AR Motor Select 4.81 4.07 TOTAL 19 054.38 'An appllcellon for a refund must be mode within three yurs after the date Of the payment or the laapeyer j E it' walvos the right to the refund, , I I 4 ollitille j r TRANSACTION HISTORY RECORD BROWSE PNF10301 DATE RECEIPT TAX ACCOUNT AGENCY FUND SOURCE YR PAID TRANS AMOUNT / 95041800210001 91554400000 CITY MAO TtX 95 011896 211,81 95041800210002 91554400000 CITY MAO OVERPAY 95 011896 446.01 95041800210003 91554400000 CITY MAO TAX 95 011896 211.81- 95041800230004 91554400000 CITY MAO OVERPAY 95 011696 446.01- 95042400130001 91554400000 CITY MAO REV INC 95 012496 446.01 95042400840001 91554400000 CITY MAO TAX 95 011696 657.82 97050202020001 91554400000 ~CITY M40 TAX- 97 020298,+ 655 31, 97050500360001 91554400000 CITY MAO OVERPAY -97 -012298 % 548.39 98040501440001 91554400000 CITY MAO REV INC 98 010599 606.77 98050100440001 91554400000 CITY MAO TAX 98 013199 479.25 9808210008^001 91554400000 CITY MAO TAX 98 052199 127.52 98082100080002 91554400000 CITY MAO P A I 98 052199 16.58 95041800050001 91554100000 CITY "go TAX 95 011896 3.73 95062000130001 91554700000 CITY MAO TAX 95 032096 10.23 95062000130002 91554700000 CITY MAO P 4 I 95 032096 0.92 96021101140001 91554700000 CITY MAO REV INC .96 111196 31.70 96082900200001 91554700000 CITY MAO TAX 96 052997 31.70 96082900200002 91554700000 CITY MAO P A I 96 052997 4.12 TO INQUIRE ENTER "1", PLACE CURSOR BE1,OW RECEIPT AND "ENTER" TO CONTINUE BROWSE, "ENTER". TO RESTART BROWSE, OVERTYPE RECEIPT OR ACCOUNT ON FIRST LINE AND "ENTER" 1 e 1 I i , S i r ~ u r l M I Omds In AGENDA INFORMATION SHEET AGENDA DATE: July 131 1999 DEPARTMENT: Fiscal OperstlonalUx ACM: Kathy DuBose, Flocal do Municipal $ervices SUBJECT: Consider approval of a vehicle tax refund to Cycle Center of Denton in the amount of $2,289.47 due to an overpayment made on tax account 918629. BACKGROUND Chapter 31.11 of the Texas Property Tax Code requires approval of the governing body of the taxing unit for refunds in excess of $500.00. Cycle Center of Denton has requested a refund in the amount of $2,289.47 because an overpayment was made on the account in error. All completed forms accessary for refund have been returned and are attached. FISCAL. INFO MATION: The tax overpayment revenue fund would be reduced by $2,289.47. I Re tfully submitted: D ant Ortiz'~ Director of Fiscal Operations Prepared by: AWyC"MaJ3 Treasury Analyst 1 I. TAX REFUND CHECK REQUISITION - VOUCHER',, TAX 49000 PAY TO: CHECK NUMBER Cycle Center of Denson 4765 Frank Luke $ 2,289.47 AMOUNT Addison, TX 75001 TAX DEPARTMENT May 9, 1999 DATE - INVOICE, DATE, NUMBER AND OR E"LANATION ACCT. NO. NET INV. AMT. AUTOMATIC REFUND FOR ACCOUNT # 918629 100-3044 $ 1,415.86 97 Tex 667,09 303-3044 873.61 Payment 1/22198 _._1177338.04) (1,070.95) 98 Tax 1,053.62 Payment 1122199 (2,272,14) (1,218.52) Balance to Refund $ 2(,289.47) - TOTAL 2,289.47 THE ABOVE HAS BEEN REVIEWED AND RECOMMENDATION FOR BILLING IS MADE BY THE UNDERSIGNED. i ACCOUNTINO APPAOVAL SlGkqth CITY MANAOLR APPROVAL DIRECTOR OF FINANCE APPROVAL 2 I io+n l►a I APPLICATION FOR TAX REFUND as.~v n.+,s - m aor ns+n ~1 1• h...nl msor,o Neal c sr/ cw. erer pOel dlep. tats. M 00" l~ p•» m•. _ P 3! 8' Sc -tip i1 Jr To bPtA fw ra bx to", 1M th*syw nwst a "Isis the MIOWN. 0~1" e tk C-1 9: dwwo Mma MMM PeIMr Mw~' Mes0 row l I and Wdtow av.~a►aI rnr•e• tnavtn.sseal.+e ' ts' SCE .x•93/• slop 1: lslsl AsseAplb~ (er K al N/y sf M Ys Ma Ys roab0: DOWU tho Ad&alalg d of weP«v: Sl6 7' ?5 Ese f Aoeaml ftm 60 dpapstV To mw mmo w : 41 -20D o ON Nam yw DOW MOWA Am"t a TnAW it F For P44us a "0 a of Tax Hdw+Q To PoTnwrat TYIN Pid pepgnsd Olw UM lu Y1 1s t 127, oil 11 { 1 ~ 2D Iii - I to t Is it- I i { 14 it it- -lit. Tawows,sN tiorMk wJAUAIwomiy*a~blWv: ~rltr l .I hsnbp 4-4* b M m" of" rlaa+MwAyd wm otd will that ft i11mmow I hove avr n on 0* *m is m W Sbp eort«! b I,s tM11 of my bold • PsY It w,paun or IN nst,s Sign tM twrn Von 1 ~ .s 1. i N snlry w►N aM ~oMrM shellbetu1IN1 N shs st aM hM WA m► het tMh *m to Yom trt 1NS I "m l"W 0 sms it MI sure o" $SAN M Ieh sutA Ib1 eenMweWA b Isl let s zoo M 1 ►re or s AN ho w *10"d moo M %,A swA MM sM IhyANnm«A N sm bnh hl feoden 11.10, P"ll Cede stop 1: A APPt ❑ a10ib / / TMs tax totuad Is Tox rolund dslaminotlon 9"" a l~1lV►n~~ Non e~sw•Id d Yr^I «+Isl w n ie "M h hoh 3 U VIT Refund 1988 1987 1999 OVERPAY ACCOUNTM NAME OVERPAY OVERPAY OVERPAY BALANCE 1147. town MOWS .99 111 331.42 5 . 1 9147490.0000 Honest JoM's caddy Comer ' 19.96 1918 9147.830.0000 Jades Frontlar Motor 16.48 15.48 9148-030-M Denton Motor M -r 1,859.87 1,859.01 9148-2004)00 Same Southern Motors Inc. 95.78 87.89 183.44 9148-220.0000 Stanford's Auto "66 , 9.71 19.46 29.22 9148.350.0000 Bill Utter Ford, Inc 2,009.41 3,473.28 6,482.69 9155-4 10-0000 Hill Motor 67.38 67,36 9171.880.0000 Flaggktarlne 141.38 157.42 298.60 9171.860-0000 EckM Hyundai, Inc, 527.84 627.84 9171.920-0000 Golden Trlonpie Restorations 17.04 141.16 67.99 246.18 9111-930-0000 Hoes Auto Sales 9.23 19.15 9.64 38.02 9172-000.0000 Southwest Trucks 378.63 318.63 9174.200.0000 John Pater Motor Co 5.92 41616,29 ,29 486 21 9174-300-0000 Hemphill Bus Sales Inc, 9188.290.0000 , Cycle Center of Denton°+w,+m'" 1,070.96 1,218.52 2,289A7 9188.3000000 Cycle Center of Denton 178.65 106.13 28418 9186.310-0000 Ezeo Wholesale Auto 35.57 800 119.81 9186.480-0000 Rescue Softy products 274.63 274.63 9166.490.0000 Tri-State Von d Bus Sales: 109.76 142.87 252.42 9191-9000000 C & L Sales 34,38 92.42 128.80 9193-010-0000 COMW Car Cap 5890 58.90 9193-060.0000 Chose Auloplex 9822 96'22 J 9195.120-0000 Roy Riney Automob8e Sol" 61.61 29.04 90.55 ! 1 9148.2600000 Thompson Classic Motor Sales 8.62 3.43 6.14 15.09 ' 9155430.0000 James Wood Autopark 4601.27 4,601.27 9165-440.0000 Jimmy &oz8e Motor Co. 648.38 648.38 9165.490.0000 Skrtpson's AuWax 0.33 4.76 17.43 17.43 9188 420.0000 Robert's Auto World 9192-990.0000 RV World of TX 365.25 365,26 9147.510.0000 Boggles Auto Sales 214.80 211.80 9147460-0000 Denson Imports 28.85 28,83 9141.900.0000 Kurt Krause Autos 41.60 41.60 9148-020.0000 Monlerroy Car Co 25.89 9.42 22.84 68.45 9148.1300000 Preetl"Motor Sales 11.34 11,34 9148.190.0000 • 48.92 48.02 9147-450-0000 AR Motor Sales 4.87 4.87 TOTAL 19 054.38 r~ 'An application for a refund must be made within three yaws &Aar the date of IN peynw l or ft Taxpayer wolves the right to the refund. E 4 c. 1 TRANSACTION HISTORY RECORD BROWSE PNF10301 DATE / RECEIPT TAX ACCOUNT AGENCY FUND SOURCE YR PAID TRANS AMOUNT j 91050203000001- 91862900DOO-CITY> -MAO- TAX e•,•••r>r~97-1020290--• * 16671090 t. 97050500470001 `91862900000 " CITY MAO OVERPAY --97*v"012298 4'0701[95 98040401150001 91862900000 CITY MAO REV INC 98 010499 1,053.62 98042104400001 91862900000'"CITY'''«; MAO"'TAX' ' 99lo"O12794; 1~.053T62 98050100540001 91862900000- CITY MAO OVERPAY 98 -013199• ,1',218ib2 97050203010001 91663000000 CITY MAO TAX 97 020298 128.28 97050500480001 91963000000 CITY MAO OVERPAY 97 012298 176.65 98040401160001 91863000000 CITY MAO REV INC 9B 010499 1,053.62 98040401170001 91863000000 CITY MAO REV DEC 98 010499 874.62 98042704410001 91863000000 CITY MAO TAX 98 012799 4.18460 98050100550001 91863000000 CITY MAO OVERPAY 98 013199 109.13 97011400410001 91863100000 CITY MAO TAX 97 101497 13.63 97050500490001 9186'x100000 CITY MAO OVERPAY 97 012298 35.57 98040500990001 91863100000 CITY MAO REV INC 98 010599 37.44 98050100180001 91863100000 CITY MAO TAX 98 013199 37.44 98050100560001 91863100000 CITY MAO OVERPAY 98 013199 84.30 98021100060001 91863900000 CITY MAO TAX 197 111798 464.40 98021700060002 91863900000 CITY MAO P A I 97 111798 102.17 TO INQUIRE ENTER "I"t PLACE CURSOR BELOW RECEIPT AND "ENTER" TO CONTINUE BROWSE, "ENTER". TO RESTART BROWSE, OVERTYPE RECEIPT OR ACCOUNT ON FIRST LINE AND "ENTER" M Ifs T S t t - t Ode AGENDA INFORMATION SHEET AGENDA DATE: Jdly 13, 1999 DEPARTMENT: Finance Operallontrfax ACM: Kathy DuBose, Assistant City Manager of Fiscal and Murilcipal Services SURIECT: Consider approval of a vehicle tax refund to Denton Motors in the amount of $1,659.67 due to an overpayment made on tax account 914803. BACKGROUND Chapter 31.1 It of the Texas Property Tax Code requires approval of the governing body of the taxing unit for ref4nds in excess of $500.00. Denton Motors has requested a refund in the amount of $1,659.67 because an overpayment was made on the account in error, All completed forms necessary for refund have been returned and we attached. KCAL INF0 ATION: The tax overpayment revenue fund would be reduced by $1,659.67. Res ectfully submitted: 04 Lana Ortiz Director of Fiscal Operations 1 Prepared by: Sunny Choi Treasury Analyst r 1 . _ ~altlt~. c- i I TAX REFUND'- CHECK REQUISITION -VOUCHER' TAX 49000 PAY T0: - CNECKNUVMR Denton Motors_ _ _1,659,67 P.O. Box 50839 $ AMOUNT Denton, TX 76200 TAX DEPARTMENT 'May r 1999 DATE , INVOICE, DATE, NUMBER AND OR ExPWNATION ACCT. NO.' NET INV. AMT. AUTOMATIC REFUND FOR ACCOUNT # 914803 100-3044 $ 1033.23 97 Tax 7,685.95 303.3044 624.44 Payment 1/22198 (9,345.62) (1,659.67) Balance to Refund S (1,659,67) TOTAL 1,659.67 THE ABOVE HAS BEEN REV19MD AND RECOMMENDATION FOR BILLINO IS MADE BY THE UNDERSIGNED. ACCOUNTING APPROVAL SIGNATURE i CITY MANAGER APPROVAL DIRECTOR Of FINANCE APPROVAL i 2 bint►a APPUCATION FOR TAX REFUND wwAmov ) +M1 Fow. won v l"M17 m wim flM arilm wn,em«J r To sppty for a dx retard, IAa isgo) a must compMb the ldbwla.. slop 1: t)•„m'mnone S ownaes nags Mmrx nixl mmmmY P"'r" w and "*a" cw . won or mom meom,,an, ar emu _ ow,. (rem odr w mnmrl i 9"p t:. L"d&WllmisnrormemompgdNmweaor wwxm+ro: T1mm@,Ifa IM I txsParM AdAmmm a bxmte,l d paprr: Aoooud nmlllmr d propay Tax NOW melba: OA Amavd Ammo "Move flhp 1: of Tablt Wt tool ani V*AA For v MYaFwi RARW a The of or to PAW now If fttoow is ft***W Tom Pay * To" hid PA"IM olrt al. 64 t'I , 41ktih It L i f1 ! 31 Ic 1,~ polls : n. r11__ t t L 1 InWnwPon It r ! It It 1 1 ~_1 t II IIt e. - *.roy.hr...enaid.,dpMmcAaev«IhrAmdn~aa~l: ~►,1~ o tw`}---- M 1lrmmy mpvfy ~ 1M nfurd a M aeov►dmmalad lammm mod omNy M IM b,lmmrllm, I frw tlrM On 1 w1 I.m m b vw rd Mp 4: eor+aa b dr twl d my btollMdlm mM bmisl' Stan IM tam Won t7mr aMd«I.n b W »mnm Any P►~a"a wbm nm1M m,mlM mMy YpMt dw to opi - l ow mbma M mmblmml V mM ml Ulm Imlmmrb+l pmrtmlimm: tnNrlmerrllmnI of MI mom dlmn 11 pen na Nma M I rmmn so" m bw of Mt mw* d,M 11,011 of bmtb mYdl firm ' mM imprlsomwa; 1. monfb,awm In Imll m Wo w,# w I year a1 s tM rM b mood I .1M a natal WIC Ikn mM lw#d owont mm M km In 11 A- $?.I$, POW Cs/a 9lisp 1: TTll f~ ' m sax rdun0 N "f~ *rw.,w ❑ drrlraad j r'. . Toxfsfund a meer dslamino.lon hif~i~ c.e.~ 3-30' 9 914n n u d rl rr» , rram~+ ow $No ar ~tr(tir CI/ L 3 1 1 1 i 4 VIT Refund 1996 1197 4108 OVERPAY ACCOUNT/ NAIME OVERPAY OVERPAY OVERPAY BALANCE 9147.700-0000 Downtown 43,00 2.42 .41 9141.700-0000 Honsel John's Caddy Comer 19.96 10.96 15.48 15.48 9147.830-0000 Jacks Frontier Motors 9148-030-0000. Denton Motors :w a c;K P e 1,859,87: 1,859,87 87.88 183.44 9148.200400 Sam's Southern Motors Inc.' 05.78 9148.220.9000 Stanford's Auto Sales 917 19.45 2922 9148.350-0000 819 Utter Ford, Inc. 2,009.41 3,473.28 6,482.69 9155.410.0000 Hilt Motors 61.38 57.36 9171.880-0000 Flagg Marine 141.38 151.42 298.80 9171.860-0000 Eckert Hyundai, Inc, 527.94 527.84 9171.920-0000 Golden Triangle Restorations 17,04 411.15 87.99 246.18 9171.930-0000 Hugo's Auto Sates 9.23 19.15 9.84 38.02 9172.000.0000 SouOrwesl Trucks 378,63 378.83 9174.290.0000 John Porter Motor Co 6.92 16,29 22.21 9174.390-0000 HemphM Bus Sales Inc. 466.86 466.66 9188.290.0000 Cycle Center of Denton 1,010.05 1,218.52 2.289.47 9188.300.0000 Cycle Center of Denton 175185 10813 284.78 9168.310.0000 Ezec Wholesale Auto 35.51 84.30 119.87 9168A80-0000 Rescue Safety Pm"s 274.83 274.63 9186.490-0000 T"tals Van d But Saks 109.76 142.61 252.42 9191.990.0000 C 8 L Saks 34.38 02.42 125.80 9193-010-0000 Certified Car Corp 68.90 68.90 9103-080-0000 Chase Auto rlex 9822 98.22 9195420.0000 Roy Riney Aulomoblk Sates 81.51 20.04 90.65 i 9148.250-M Thompson Classic Motor sales 6,62 3.43 5.14 1509 ' 9155430.0000 James Wood Aulopark 4801.21 4,601.27 9165440-M Jimmy Brezlle Motor Co. 548,38 64818 9155490-0000 Simpson's AutopleX 0.33 418 5.09 9188420-M Robert's Auto World 17.43 17.43 9192.090.0000 RV World of TX 365.26 385.26 9141.670.0000 Suggks Auto Saks 211.80 211.80 9141-880.0000 Denton Imports 20.85 2845 9147.900.0000 Kurt Krouse Autos 41.60 41.60 9448-020-0000 Monterrey Car Co 25489 9.42 2184 6815 9146.130-0000 Prestige Motor Soks 11.34 11.34 9148.190.0000 • 48.92 48.9: 9141.450.0000 AR Motor Sales 4,87 4.81 TOTAL S 1Q~ 'An application for a refund must be made within three years aller the dote of the payment a the hwpayer r f i r \ waives the righl to the rotund. I 4 4 . 0 1 TRANSACTION HISTORY RECORD BROWSE PNF103LI DATE / RECEIPT TtX ACCOUNT AGENCY FUND SOURCE YR PAID TRANS AMOUNT 94042602640001 91480300000 CITY MAO TAX 94 012695 8,131.86 ; 94042602640002 91480-100000 CITY MAO OVERPAY 94 012695 574.64 94042602640003 91480300000 CITY M60 TAX 94 012695 8,131.88- 94042602640004 91480300000 CITY M40 OVERPAY 94 012695 574.84- 94062100210001 91490300000 CITY MAO REV INC 94 032195 574.84 94062100220001 91480300000 CITY MAO TAX 04 017695 8,706.72 95041800310001 91480300000 CITY MAO TAX 95 011896 2,540.09 95041800320001 91480300000 CITY MAO TAX 95 011896 892.04 95041800330001 91480300000 CITY M60 TAX 95 011896 2,530.36 95050103930001 91460300000 CITY M40 TAX 95 013196 10817.70 96042802450001 91480300000 CITY 1440 REV INC 96 012897 1,396.46 96042900610001 91480300000 CITY MAO TAX 96 012997 7,330.76 97050500250001 91480300000•,CITY -^MAO -•TAX --+-97•x,012199 -.685,:95- 97050500250002 91480300000--CITY - MAO r - OVERPAY--»97-~012298w~+~1'~ 659-67 98032807350001 91480300000 CITY MAO REV INC 98 122898 9,720.74 93050100330001 91480300000 CITY MAO TAX 98 013199 8,916.30 98050300780001 91480300000 CITY MAO TAX 98 013199 804.44 94042602430001 91480700000 CITY MAO TAX 94 012695 41598.73 TO INQUIRE ENTER "I", PLACE CURSOR BELOW RECEIPT AND "ENTER" TO CONTINUE BROWSE, "ENTER". TO RESTART BROWSE, OVERTYPE RECEIPT OR ACCOUNT ON FIRST LINE AND "ENTER" J s ' f S ' o . u Agenda No, 49- e2 ea AGENDA INFORMATION SHEET Agenda Rom 4 Date Z:.! 3. q.~.- AGENDA DATE: July 13, 1999 DEPARTMENT: Planning Department CMJDCMIACM: David Hill, 349.77151y, V,~ SUBJECT-Z-99-028(Lake Cities Bank) Consider adoption of an ordinance regarding the rezoning of 3.79 acres, from a Two- family Dweli'.ng (217) zoning district to a Central Business (CB) zoning district. The property is bounded on the north by Parkway, on the south by Pearl Street, on the east by Bolivar Street and on the west by Carroll Boulevard. The proposal is to develop a bank on the wcstcm portion of the site. The Planning and Zoning Commission recommends approval (6-0, Ganzer absent) with conditions and the City Council approved the rezoning (6-0. Durrance absent) on May 11, 1999. BACKCsiitOUND The City Council approved the rezoning on May 11, 1999 (6.0, Durrance absent). Due to a staff oversight the draft ordinance was not reviewed by the Legal Department and subsequently not published. The ordinance being approved (See Attachment 1) is the same as the draft ordinance that was included in the original backup material. The Planning and Zoning Staff Report and the April 14, 1999 Planning and Zoning minutes are not included but are available upon request. PRIOR ACTION/REVIEW EI The following is a chronology ol'Z-99-028, commonly known as Lake Cities Bank: I Application Date- March 3, 1999 DRC Date(s) - April I, 1999 (Pre• design) PAZ Date- April 14, 1999 Neighborhood Meeting April 19, 1999 City Council Date • Slay 11, 1999 j FSTIMAIED PROJECT SCHEDULE The subject property is not platted and would need to be platted prior to any development. Upon approval ot. Juiy 13, 1999, the ordinance caption will be published as required, twice within ten s ! ~r i' days of passege. The effective date of the ordinance will be July 27, 1999. r..s 1. a , u ' I FISCAL INFORMATION Development nf this property will increase the assessed value of the city, county, and school district. It will require no short•temr public improvements that are the responsibility of the city. As a form of Infill development, minimal ertensibn of public inrmstruclure is necessary to service this site. OPTIONS 1. Approve as suhmilled. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. ATTACHMENTS L DraftOrdinance Res ctfulIy submitted: Mark Donaldson Assistant Diwtor of Planning and Development Prepared by: :1 9944 - L Reichhart Development Review Manager f I, v ` t i r 2. 1 t: ~ I 1 it s I . f r ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM TWO-FAMILY DWELL [NO (2F) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO CENTRAL BUSINESS (CB) ZONING DISTRICT CLASSIFICATION IS AND USE DESIGNATION FOR 3.79 ACRES OF LAND BOUNDED BY CARROLL BOULEVARD, PEARL STREET, BOLIVAR STREET AND PARKWAY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 52,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z•99-028) WHEREAS, Lake Cities State Bank an behalf of Pearl Street Church of Christ and Pearl Street Church of Christ Elders has applied for a change in zoning for 3.79 acres of land from Two-family Dwelling (2F) zoning district classification and use designation to Central Business (CB) zoning district classification and use designation; and WHEREAS, on April 14, 1999, the Planning and Zoning Commission recommeaitcl approval of the requested change in zoning; and I WHEREAS, tha City Council finds tltr; the change in zoning will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Politics, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zoning district classification and use designation of the 3.79 acre prop...y described in the legal description attached hereto and incorporated herein as Exhibit A is changed from Two-family Dwelling (2F) r Ong distrizt classification and use designation to Central Business (CB) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: L Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. 2. As offered and agreed to by the applicant, the site shall comply with the new Landscape Code, which requires fifteen (15) trees per i.cre and twenty (20) percent of ell surfaces to remain pervious (plantable area). aC,,U0JJg. Th .t the Citys official zoning map is amended to show the change in zoning dis'.ict classifleatitn. SECTION 111. That any person violating any provision of this ordinance ;h.t.l, upon conviction, be tined a sutr not mceed;np $2,000.00. Each day that a provision of thi ordinance Is violated shall constitute a separsto and alstinct offense. 3. { Ir f A 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 the date of its passage. PASSED AND APPROVED this the__ day of .1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS. CITY SECRETARY BY: _ APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY BY: 6~,~ i i 4. 1 t. 1 0313111999 bb:'ti ynroeuoa EXHIBIT A r PEARL WHET CHURCH OF CHRIST PROPEI1TIEt1 ' F1El.O NOTES la rtl Ihet psrtobn Ufa or perms of land tkve'' th• Wham Ne91 iurvt7, At+Mlsd fB+rrlbor 9f I CAy of Amon, o.o+a, Count', Totes and t»41p e9 of an ~nr bounded b1 Carro9 saulerrlyd en Ohe wMR , Per~twty skeet on the N ,191hw fis t on the Ewe and vnA Street on Iha logo owned by ow !•MI BvaN Churtih of ChrNt.i ►~oepn4od.nd oaoupbd on oho Orovnd 1h. wb sO beat Y•Yq mot. P91110 ft d•scdbW as Mows; BEGIN NINO for the 141441 root ev"I' of Shs tract b*4 deednbsd herein e1 s % oa9ped ken red W 11or dN Northwest cwnof of p Ind of Ierdd asrlbed in tt>t Dab recorded In Votumt •38, Poo 341 of the Dead Rooonh of Ow ton Tact one b*V to"old SOA IN Of Per OM ftvA THENGtf toot with the vW,4 A IkhY of pa 9vWA dbbnst of 701.00 feet b a upped Iron rod so for She NorN+wet oarmr of a hit of land dofalbed In Ire food Worded h V001" 331, hots f 0f Of ft Deed RtgVft Q4 Demon County, Taoet; • ' T1411"Cg awth 0i nio M100" of $"V* Woos dl*i w 9120,00 Mtn W capped ran rod at for me No4 w+M eemN of e viol d I•nd d+esAb•d In M Deed resented In Vefume TOO, "M el tit DoW Roosdo of Dorton Cou,.r , THENCtf gat wkh the rtlyt=*w of Petit M met a dionso of 110,12 left to a f~eep~d Iron rod tot for to Norlhwol comet of a Mau at land detached to ant Decd wWw In Vdune 1St, PeO.OS tliaa of do 1:4sd Rocorde of DsMOft Courtly, Taus In M Wwl IYn of 9" 11nsx , - THENCE South 02 DeprN 04 Min" 37 docents Weft Wit the Wtet 14+1 of toWer SUtef 9 distance of 790,04 het a W osopW bon rod lot fbr wnw In Ore NOM W of Peon 0*0 ~ o~p~cd 88oov" rA oa er of as Weed of lonill rde+i Abed in the C "oa loofa d+In abwn'+•k1f0,t0> 014 oof th Dea'd Records of Denton Couhy, Tans, THENCE NoM 01 DoOreo 94. h6wUs 09 tteonds bat with tit Eal In+ t osof a d fth* Of 0.00 tat to a 1st to iron rod so far oom6r. 7HtNCE WHt with the new rhalh Gno o! hoar+ BYfef a dYrEr'b• of 3?11,00 fool b e X etrlbed Y+vononM far eomu In Me West NMI 914 bsot oflarre dearlYed In the Deed needed In Vebma 031, Pots 17 68114 Deed Awr%lo of Denton County, Taao_ ptr0l In IM noW 404 tiro of Cartob goulMd: , THENCE Nw1h Ot EP09 ~ >4 nAse Ofotnde Etel s dotnnoo of 107,00 feet 'to tit "Cop BEGINNING and melon 3.7*9 acres of (end moo v loss. The" PIsld Notes wlpr the seesmowtonp ekouh were proporsd hem on on•th"Mund 6ansy "a under my d+ncton and Oboe n sn March 29,1900. J.H,11~ iD~'~• OKs k ~ 1+ U r { i -0 (o AOMdI Apa* him 0tda AGENDA INFORMATION SHEET AGENDA DATE: July l3, 1999 DEPARTMENT: Public Transportation CM/DCM/ACM: Rick Svehle, Deputy City Manager SUBJECT, AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE AN APPLICATION WITH AND THEN TO EXECUTE A PUBLIC TRANSPORTATION AGREEMENT AND SUBSEQUENT AMENDMENTS WITH T14E TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. 1 BACKGROL 'D: I { Approval of this ordinance authorizes the City Manager to make application for transportation funds from the Texas Department of Transportation (TXDOT). TXDOT recently approved a biennial appropriation dedicating approximately $746,188 In public transportation funds to supplement public transportation activities in the city or Denton for FY 2000 and 2001. These funds will be used to match available federal and local funding for operations of the transit system , and to purchase capital equipment Staff proposes to use approximately one-half (y5) of these funds during FY 2000 and the remaining funds in FY 2001, As indicated in the attached memorandum from Margot Massey, Director of 10OT's Public Transportation Division, 30.8 % of the biennial allocation was financed with Oil Overcharge monies and is not Immediately available to TXDOT. As a result they can not be programmed Into \ Denton's FY 2000 budget at this time. however, those funds are expected to be made available to TxDOT and will be programmed Into the contract through budget amendments. Because of the uncertainty of exactly when the funds will be available, staff proposes to use the funds immediately available during the first year and to reserve Oil Overcharge funding for the second year. At this time staff does not anticipate any service interruptions due to the delayed disbursement of state funds. r' ESTIMATED SCHEDULE OF PROJECTt { Upon approval of this ordinance and final execution by TXDOT, these funds will be used along 1 i I i. with federal funds to operate the public transportation system from September 1, 1999 through August 31, 2000, PRIOR ACTION / REVIEW (CouncIL- Boards. Commissional: None FISCAL INFORMATION: These funds from TXDOT (S 373,094) will be used to match federal funding ($474,957) along with local funds requested in the city's FY 2000 budget (5129,000). EXHIBITS: Proposed Ordinance June 14,1999 Memorandum from Margot Massey Resqftlfbl~ Submitted. k AA Rick Sve a Deputy City Mansgn Prepared by, Veronica S. Rolen 1 Public Transportation Coordinator a f, t i4 t June 14. 1999 Attention: Section 5307 and 6311 Transit Operators The 76th Legislative session has now come to a close and i know aq of us are pleased by the $11,1 million increase in state Public Transportation funding for the 2000.2001 biennium. The attached listing shows system allocations for tho next two years, with an Important note for Section 6307 lsystems ly called CSP) for pa, In additIon, ete projects to to awarded $ rded by listed the 10% set a our Transportation Commiselon. It Is my goal to see all of these funds, Including the CSP dollars, awarded and under contract as quickly as possible. You should also keep In mind that the Legislature financed the growth In transit funding with oil overchai^gs dollars, These funds, ahhough approprlated, cannot be Included in your grant agreements until these monies are available to TxDOT. On overcharge funding is 30.8% of the Section 6307 funding and f 6.i%of scheduled funding for Sectlon 5311 systeme. As this funding becomes available to TxDOT, we will amend your contract. The attached allocations jppyl¢M oil overcharge funding. If-you should have any questions or need any assistance conaerrning'the funding-for the upcoming biennium, please contact your TxDOT district Public Transportation Coordinator or Mr. Bobby 10lebrew of my staff. Mr. Killebrew may be roacbed at (512) 416.2818. ~ Slnceroly, Mergot D. Massey Director, Public Transportation DMsion ` cu: District PTC's Texas Tranalt Association f A~ C t i DRAFT ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE AN APPLICATION WITH AND THEN TO EXECUTE A PUBLIC TRANSPORTATION AGREEMENT AND SUBSEQUENT AMENDMENTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the United States Secretary of Transportation is authorized to award grants for a mass transportation program of projects and budget; and WHEREAS, the State of Texas is authorized under Tex, Trans. Code OL 435, to assist the City in procuring fades; aid for the purpose of establishing and maintaining public and mass transportation projects; and WHEREAS, the City of Denton desires to obtain public transportation funds from the State for the purpose of establishing and maintaining public and mass transpo:Ution systems; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION 1. That the City Manager Is authorized to make an application with and than execute a Public Transportation Contract, substantially in the form of the attached agreement which is made a part of this ordinance for all purposes, and subsequent amendments, on behalf of the City of Denton, Texas, with the Texas Department of Transportation to aid In the financing of public I transportation, and to execute any other certifications or documents necessary to implement the Contract. The City Manager, however, is not authorized to amend this contract by more than the amount authorized by Chapter 10 of the Code of Ordinances of the City of Denton, Texas. SECTION 2. That the City Manager Is hereby authorized !o make expenditures as may be required for the local share of any public transportation coats which may be required under the Contract. SECTION J. That this ordinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the day of 11999. JACK MILLER, MAYOR , U 1 U 1 ATTEST: JEWIFER WALTERS, CITY SECRETARY BY; APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATfORNZY i BY; i I vlr,/d'fL1LW oMrmwOi~oft?KK "AMMATA" m GOC I 1 4 /j, Page 2 I ' t t, AGENDA INFORMATION SHEET AQWa No, yQ- 0.2 6 040m' Item +1 7 Dab 7- /d 9 9 AGENDA DATE: July 13, 1999 DEPARTMENT: Planning Department y CAIIDCAI/ALAI: David Hill, 349-835 `f~~' SUBJECt" - V-99-008 (Laramie Addition) Consider approval of an exaction variance from Section 34-114(5) of the Subdivision and Land Development Regulations concerning perimeter paving. The 0.7$8 sera subject property is located on the northeast comer of Willow-wood Street and Kendolpi: The proposed use is two (2) single-family residential hrs. The Planning and Zoning Commission recommends approval (5.2). BACKGROUND The applicant has applied for an exaction variance of Section 34.114 (5) of tld Code of Ordinances concerning perimeter paving, The subject section of the Ordinance requires Willow-wood be improved along the frontage of the development, as it is not currently constructed to City Standards. The applicant has requested no street improvements on Willowwood Street (See Attachment 1). Perimeter paving is not required on Kendolph because Kendolph is already built to City Standards. PRIOR ACTION/REN7E\V May 24,1999-Variance application submitted, June 9, 1999-The Planning and Zoning Commission recommends approval of a partial variance " (5.2). J,lne 9, 1999•Prelim;nary plat approved by the Planning and Zoning Commission, ESTIMATED PROJECT SCIIFDL E A final plat will need to submitted and approved prior to issuance or a building permit. FISCAL. 1NFORNIA11ON r The reconstruction of Willowwood is scheduled for this fall in the Capitol Improvements Program, Section 34.114 (5) allows for the payment of fees instead of actual construction if the street is scheduled to be reconstruc'cd within two years through the Capital Improvement Program. The required paving improvements would cost the applicants $14,500 or 57,250 per lot. Al Staff recommended a partial variance meaning the applicant would be required to pay 510,800 toward improvements on Willowwood Street. 1. P&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval of a partial variance as recommended by staff (5-2). The partial variance would require the applicant to pay fees amounting to $10,800.00 (versus 514,500.00) in lieu of actual construction of perimeter paving on Willowwood Street. ATTACHMENTS 1. Planning and Zoning Commission Report, June 9,1999, V-99-908. 2. Planning and Zoning Commission minutes from June 9,1999. submitt es t R L us L Mark Donaldson Assistant Director of Planning and Development Prepared y: "tht n ilsscn Planner 1 k C 2, i ' a . I ATTACHMENT I AQltld! Ntf. Memo Dft ' r - To: Planning and Zoning Corm-nission From: David Salmon, P.E. Engincerini, Adminiswor Date: 003/99 Re: Perimeter Paving Variance for Laramie Addition Thomas and Peggy IaPoint, owners of the proposed Laramie Addition located on the northeast comer of K"dolph Street and Willowwood Street have applied for it variance of aection 34.114, (5) of the Cade of Ordinances concerning perimeter paving, The abject section of the ordinance requires that WYllowwood be improved along the frontage of the development, as it is not currently constructed to City Standards. The applicants are proposing to subdivide the abject tract two residential lots. lire applicants propose no street improvements on Willowwood Street. The applicants base the reason for the variance request on the large cast for the subject improvements considering the that the reconstruction of Willowwood Street is scheduled for this fall in the Capital Improvements Program. A letter from the applicants is also enclosed. The Canmission may recommend that this exaction variance be approved by the City Council if the following criterion is met (b) Criteria for variances from development exaction's. Where the commission foes that the irttposition of any development exaction pursuant to these regulations exceeds any rewcuible benc6t 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 exaction's, so as to prevent such excess, to the City Council. Waiver of developmentil e.ecticv dull be approved by the City Counc it, 11x price the applicants paid for the panel, or the cost of the proposed building Improvements is not a factor in dotemuning reasonable costs. The question is, are the costs associated with the public impro vement reasonable and consistent with the type of development proposed? The required paving Improvenvnb would cost the applicants approximately S 14,$00 or PASO per lot The avenge cost of stmt improvements per single family lot in Denton is $5,400. Based on this, staff recommends that the developer pay the City of Denton $10,800,00 toward improvements on W iltowwood Street. It shoAd be noted that section 34.114(3) also allows for vu pnyrnent of fees Instead of actual construction if the stmt Is scr rduied to be reconstructed within two years through the Gpital N ImprovementsProgram, lnthis , e, the payment of fees itself does not require a variance, only the amount of the fees. it also indices . that the Issue of requiring public Improvements although a project is already funded in the CIP has a6. , ly been considered and Inoorporated Into the ordinance, 3. t , t I Recommended Motion: 1 move that we rwonum d to the City Coumnil that a pa mtial varka of sections 34114 (S) be granted for the Lmrrde Addition for paim w paving as commended by staff as the Ul amount of the improvements would exceed reasonable bemfiL I i l i J 1 i I ,I i r r~ ♦Pago2 4. May 24, 1999 APPLICATION FOR EXACTION VARIANCE Thomas W. and Peggy B. Le Point We purchased tend within the City limits because we are opposed to urban sprawl and ! think it Is very important to build a house where no new Infrastructure is needed for our use. We understand that ?nfill development Is one answer to the problem of expanding cities and ever greater demands on City facilities and government. We are also concerned about pollution levels and wasteful energy consumption, and went to live close enough to our work place that we can walk or bicycle. When we purchased our property, we understood we would have to beer financial burdens not Imposed on people building outside the City limits. Naturally, we had to pay twice as much for the property as we had anticipated, but considered it worth the sacrifice. In our case, the extremely high cost of property In compounded by the coat of the house we hope to build: a showcase for environmentally friendly, super•elficierd building design and materials. As you know, when building 'green', one must pay considerably more up front and wait for the pay-back over the next decade. j Our familiarity with the problems and impacts of 3prewl puts us in complete support of the Impact fee charged on new construction, and we understand the need to charge all the application fees, top-in fees, recreation fees, recording fees, sto. Designing for and complying with building codes and regulations protects us and the overall quality of life in Denton, and Is part of the price of being a member of U,a community. However, we End it extremely unfair that we are expected to pay for the improvement of 1 the section of Willowwood street along our property. We also End it Ironic that our I altruism is being "rewarded' with this particular demand. This burden Is not being Imposed on anyone else living along the street When our l neighbor learned of the fee we would be charged, he Immedsteiy offered to help argue our case. (Apparently, he was not charged any Infrastructure-related fees when he built his home and he is very upset that we should have to do so). In addition, the cost of the mract improvement has already been budgeted by the City and planned for. When we bought the property last November, Mr. Salmon was kind enough to suggest we simply wait for the City to begin the street Improvement before we submittod our plat. Mr. Salmon's comment on our preliminary plat review stated, 'The street cost may be avoided entirely by platting after the City is under oontracl for the project, which is expected by late summer'. When we first discussed this situation with Mr. Salmon last November, he indicated that work was due to begin this month. It was originally our plan to wait the six months, 5. c, 1 U i but when we contacted him In March he indicated the *set would not be bid out before the fell. This delay puts us In a wry difficult position. Because Of oonstar* Increasing costs of materials and the lr*YWe r#ss of interest rates, it would be wry costly for us to continue waiting for the street improvement to be alerted. We also have s lease on our rental house that expires on November 31. It will rat be Possible to wait until September to begin bu'Iding and be 6nlshed by December. We strongly support Denton's efforts to encourage lydlli developrxmt. However, we are not wealthy and are still unsure of the cost of our house. We want to be good members of the oommunky by making the right choices and pAng as little demand as possible on City Infrastructure. We also went to avoid adding to the region's air quality problems. We think we have made good u►oloes for sound reasons, but we fear the costs of our principles are about to sink us, 'We feel that the drive for infill development will not succeed if Individual homeowners like ourselves are so burdened that our projects become impossible to pay for. We sincerely hope you will excuse us from having to pay for the street knprovementa. Thank you very much. 4 l Y let i 6. ' U ENCLOSURE 1 A4 x NORTH PFP-99-067, Laramie Addition SITE 1 , t I LOCATION MAP w A'Agenda Dole: June 9, 1999 Seale: None { Y r. Lb fl y VTCp1TT Mr' I A K L TOMPKIMS SURVEY ABSTRACT Ma 1144 . N'IrrY t ...lM17/.. LM r I ;Zr ~ f-""C~i. i.a. ui rN den rw lkmoma wt +ra. Lw I ~ I LM .a.r wr Y4pn.rL .Lre.ru rw NMr. wr rr y r; man a on .a nn ft% M 99: i"~7t~"1."'"~ "~T'~.:.~.'ld~.•..a..o.s N ~ 'I;~`~ i' ~ '"!"Y:!'.:r'4~'.,nrr~, ~K•~slit .n. a.r r+«/rLfe+a 1f(1 c iN ~ i 1 I. m'K - _ .r Yrw+ Y J'a. ` ILA ' a..%M{ T M.YPYL r ■wr'1': r . • .1111! , 41! ~ MMOrt PLAT Ld r w LOI L Kam . llfi T iMOL .M.+d fAMiyKfy ~ n r a r N 6 IIAL I r,; a.+c. nm. L •eq a nrn INC. WL ~ ■nor, ox 7iM ' PLR MKq.f M. 11719 rhr r..rr ar. ( ~ rrl7~.YX~~M~K~W !/1 MINOR t' ATTACHMENT 2 Page 7 1 appointed a 50-member Citizen Committee to begin June t you Lmd to contact any of us regarding any questions, 2 21st, actually, to research, develop ■ stew 2 we will be happy to belp you. tecommendatim and which will ultimately come back ) Mk ENGETBILECIa: Commissioners, do you hr 1 4 to the Planning and Zoning Commission for you approval. 4 questions for Mr. Fortune? Mr. Powell. 5 In anticipation of that, lest year we asked S MR. Powzt u I forge to push my button. 1 6 the Planning and Zoning Commission to approve a six-year 6 don't have a question, but I'm prod to tell you that 7 Capital Improvemnt Program. What you have before you 7 I'm pleased to see that somebody else U going to handle 8 this evening from the general government side is the 6 the horror stories. 9 same, Is the rcne ning fivu years. It's the exact same 9 M0. E2maeREC71T: And you are referring to? to ctr that you approved toot year. So there is no cl m4m 10 MA. ?OWELU Drainage. 1 t to it whatsoever. I I M8. ENGE'LBREM: I uWastand. Anyone are 12 A couple of other changes that Lve occurred l7 have any questions for Mr. Fortune? It would appear 13 since I was last before you and that was the charter 1) not Thank you, air. 14 election that was recently held in which two amendmren'a 14 MA PORTUPB: we do need a recommendation 15 affected the cut process. One of those involved the 15 from you to go to Council. 16 utility cut which is now the Public Utility Board is 16 MA E74GEIBR=-. Yd, I understand. 17 now going to be responsible for making their 17 Ma, oOUR m I move to recommend we proceed 18 recommendations straight to the City council as opposed 18 to City CoutW with the cir - to the 2000/2064 Capital 19 to having to earn through the Planning and Zoning 19 Improvement program. 20 Commission. The utility Cut that we have in the book 20 Mrs. xlsHm second. 2l before you this evening is the plan that was approved by 21 MR. ENGELERKHT: Moved and seconded to 22 the Public Utility Board earlier this week and we wanted 22 recommend approval. Any discussion on the notion? Yea, 23 to give that to you for yjur information in case you 23 Ma. Ganger. 24 wanted to see that informatlon. 24 MS GAMER: I'm jag ready to vote. ~ 25 The second item at amendment that was 25 MR. ENGUBRECHT: Oh, you're reedy, getting Page 6 Page a t raently passed was the timing in which the Planning and 1 ready. Okay. All In favor please raise your rlght 2 Zoning Commission and effected the timing in which 2 bond Motion teaks unanimously. I the Planning and Zoning Commission would have to make ■ ) Item 9 this evening under items for 4 recommendation to the City Cmm it. And that went Gan 4 consideration is in two puts This is referring to the 5 90 days prior to the end of the frscai year to 60 days S Iatromle Addition. It's a .738-sere site located oo the 6 prior to the end of the fiscal year. So, hopefully, 6 northeast tether of Wiliwwwnod Street and Kendolph. 7 next year you' it have a little more time to took at the 7 Item 9A is to consider trucking a 8 Cut and will give us ant.- time to give us it little 8 recommendation to the City Council concerning a miam 9 more time to gel it to the City Cameil. 9 from Section 34-114(3) foe paisntter stmt paving. And 10 A couple of other things that have changed to Mr. Salmon from the Engineering Department will provide I 1 in the current year over the prior year is the transfer I l us with the staff report Sir. 12 of the drainage function from the general government to 12 Mot BALMON: Thank M Chair and member of I) the water and waste water funds. So the drainage h ) the Commission. I'll just try to touch oa the 14 projects which have typically come urndtx the general 14 highlights and try to point out a few things that are 15 government cur are now included in the utility 7r. 13 ofighthy different about this variance that we typically 16 which as 1 rnetntionad previously, the Public U ~.ity 16 don't see. The applicants are the proposed owners and 17 Bond has approval those projects for their next Capita 0 developers of this subdivision. It's an existing tnact 18 Improvement Program. is of lad at Willowwood and Kendolpih The owners propose r 19 This evening f just would like to respond to 19 to div!•le the parcel Into two residential lots. A 20 any questions that you may have. I will net go ova my 20 Wiliowwood Stmt is cw=dy not constrvctod to City 21 of the projects in detail at= it's a plan you've seen 21 standards. Our Subdivision Regulations would require 22 in the past. I know you've gat a full Agenda this 22 the developer to perimeter pave or raomotrud 23 evening All we really need to a moornmet a od to 23 Willowwood Street along the frontage of the property. 24 proceed with Council on the general government cIP. 1 24 In this case one of the things that makes 25 have provided you a contact sheet for shit members U 25 this a little bit different than oormal, the City has -page AND ZONINO COMMISSION JUNE 9, 1999 5 Page 8 r • Con"WItIm Page 9 P* it I improvements for Wlllowweod Stroct scheduled for later 1 % oOUmE: u Mr, and Mrs. LaPolett aware 2 in the year. And baause this Capital Improvmmu 2 of what you've coquetted for them? 7 Program or this particular prejoct is achedufad within 2 Mx SALMON: Yet. I've visited with the 4 two years, our ordinance specifically allows the 4 applicant ra S0-Vd occasions and we've talked through 5 applicant to pay fees in jjstt of adwlly p^sforming the S this scenario several times. 6 construction work. So that's where *v'r0 at with this 6 Ms. OWM1E: Co they wrdsttand $10,800.00? 7 particular variance. Most of the time when I'm standing 7 MR SAWON: Right I believe that's 1 8 bee and recommending fact in lieu or twnerxtion, it s man we've had this discussion stone of tills is a 9 requires a variance nea just to do that. In this ease 9 surprise for the appllrAnt. 10 fees in lieu or oenstniction it allowed in our 10 Ms. 0OVILDIE; 1 just wanted to make sure. I I ordinance. What were actually looking at a vmianoe of 11 Thank you. 12 is th` amount of mosey Involved in the reef. 711E 12 MA ommApt Kr: other qucstiom 17 applicant is proposing to cwt pay fat in lieu of 12 Commtsatonen? 'Ibis it currently platted as two lots? 14 per peter paving or construction. The applicant's 14 MR SALMON: NO, it's currently trnplatted. is reasoning Is financial in nature which will make this ■ 15 It's t tingle panel, unplatted. The arplicant is 16 1asonable or makes it an exaction varianoe, which is it I6 proposing to bury the land and the, subdivide alt into two 17 variance you'll be making a raornmendation to City 17 lots. is Council on. is a'A ENGEUAMa: $0 let me ask you, 10 19 1 just wanted to pr:111 out a couple mac 19 that's how we carne to the $5,400.00 per lot, $ 10,800.00 20 things. An exaction variance iSgut: that's based on the 20 bocwtw there's two lots] 21 COST Of the improvement compared with the type eQ 21 MR. SALMON: Conch 22 development that's occurring. So when you look a1 to 22 Ma MoEt smwr: d they develop on this 23 exaction variance yo#m trying to determine whether the 12 lot as one lot, platted as oee, then the cost would be 11 24 amount of money that's involved is reasonable 24 $5,400.00, correct? 25 Wasidering the type of development and is it also 25 MR SALMON: That's coral bo m we based Page 10 Page 12 I equiabte, is it an amount of rnonry that anytme I the oft of the improvements on the number of traffic 2 do-eloping this t 4c of property and this type of 2 trips generatC4 7 project would rxpeet to pay for public improvements. 5 MR ENOELERECNT. Then after the street is J 4 In this case staff Is recommending a Partial 4 Improved, the subdivided l s variance. This Particular tract has a little matt 5 MR SALMON: Correct. I mean, in this 6 street frontage dun an average tot. It would cost 6 instance the applicant could wait altogether and plat 7 approximately S 14,500.00 to rebuild Will0vw00d Street in 7 after the street was onstructod and wouldn't be S front or just this tract which makes it about 57,750.00 s required to pay boause we don't assess people wben we 9 pa lot. We keep track of om or building street of 9 build improvements during the Capital Improvements 10 course. And right now it costs about 55,400.00 for an 10 Program, or they eotid plat it in one lot and pay I I nrrage single-family K me when a developer builds a I s $5,400.00 and possibly repeal it at a dater date if they 12 street in front of a lot. So what we're going to n wanted to. Ana we've talked through all those options 12 recommend, at last at the staff level, is that the 12 with the applicant. 14 applicant pay $10,800.00 which is $5,400.00 per lot 14 MR E1a0ELERns.'iTr: Very fine. CommIssionem i f Instead of having to pay the S 14.500 00. 15 any other questions? 1 don't we anyone on the board. I6 Asatn, this is rw 'cal in ow Capital 16 If not, if there we no othu questions, Is there any 11 Improvements Program. Wc'm hoping to be under 17 comments or a motion? Commissioners, would you like to i construction before the end or the summer, possibly I s hear from the applicant? 7be reason I ask it thin is r r 19 early fall And so if you have any qucattons, I'll be 19 not a public bearing and we dam's have a forum, A 20 glad to answer them. I believe the applicant is here, 20 procedure for that. T r I I as well. 21 Ms. IA ow; Ole I'm sorry. 1 was told 1 22 MR. t NnuaRECN7: Comm issionem I'm going 22 could go ova my appal letter that is attsebod to my 22 to have to ask you bocam 1 dm't have a scfem In n variance, which I assttme you've had m opportunity to I 24 front of me. Does anyone have any questions? Yes, Ms. 24 read. Is that correct? { T! Gourdie. 25 MIL ENOELSAIM: Yes PLANNING AND ZONING COMMISSION ATN6 9, 1999 Page 9 - Page i2 10. t. Coadeatelt"r Page 13 Page is I Ms. LAPOM: Well, since ya1've had an i improve this kind of Infrastructure. 3 opportunity to read it. my name is Peggy L+point. I'm 2 And we're not alone In our point of view. ! 3 sorry, 3 Every time one of our new neighbors or our future 4 Mrs ENaLititEeta: And if you would give us 4 neighbor hears about this, they voluntoer to come and 5 your address for the mcrxd. 3 Wk to you on our behalf because they think it's unfalf 6 Ms tAPOR,7: My current address is It 20 6 that we're the only people an the whole Arad who are 1 Broadway. I don't live on the lot, or course, right 7 being required to pay for this kind of basic s now. The reason we have plotted this piocc of property s infrastructure just because we're the first ones to have 9 into two fob is because it was recommended to w by our 9 platted the property. And if you don't believe nor om to banker because we still don't know what the cost of our 10 of my neighbors, Walter Hartntmt, Is here to stand behind I I house is going to be. And if we absolutely have to, it i l me, give me his support So I would really hope that 11 would give us the opportunity right now to save the cost 13 you would seriously consider our exaction variance and 13 of replatting it later for purposes or selling the 13 not require that we be charged for this kind of 14 caner if we absolutely must. We plan to just develop 14 inrraWLIcture. 13 one of the lots with our house and leave the other one Is MIL ENGELOKMIT: C0MYrdSStanera, any 16 for our yard but have the option in the future to build 16 questions? I? And Mr. Salmon was kind enough to let us treat it u one 17 MS. LaPOINr: Thank you. 13 lot where we would by paring for the sired. Is Ma ENGELBUXW: Thank you. 19 1 just wanted to let you know that We really 19 MIL POWEU.: t have a question of staff, if 20 support the city's desire to develop in-fill in the City 20 1 may, sir, please. How much are the impact fees? 21 rot both practical and philosophical reasons, because 21 MR SALMON: They're utility impact has 22 we're really tong-time opponents of urban sprawl and 22 arid, Mark? 23 having to develop new ivirmoruchue for every new 23 MiL DoNAtbscrm Tie fa for it typical lame 24 ramily, we would really like to lve in the City and 24 with a thn"usrter inch water meter would be $2,527.00 2$ clew; to our work so we've gone to extreme costs to buy 23 for water cord waste water. Page 14 Page 16 I this piece of property in order to do that. But we foci I MR POWELL so this would be times two? 2 that if the City's objective is to have development of 2 MIL DONAIDSON: For each !ot or rot each meter 3 in-fill, we I -de There can be sonic flexibility in the 3 that would be act. 4 rules for developing the in-fill because it seems to u4 4 MR POWELL: G11, the Impact foe Wouldn't s that these small pieces of property ue going to appeal $ occur unfit the meta is set? 6 more to individual homeowners than to developers- But 6 M0. DONALDSON, Corms. 7 the price of this property is extremely high and dien 7 Ma POWELG Thank you. ginning and building regulations add costs to that And 8 MS. 00tlRDIE 1 have a questiorL How much 9 then, of course, there am all the fees including the 9 does it cost to file, to do a plat? Io new impact fee and it gets really out-cf-hand for an 10 MIL SAtmam well, ] guess outside of paying 1 I individ Pal homeowner. I i the surveyor to draw it which, obviously, I don't know I; And if the cost of street improvement is 12 haw much they paid for that, we do have sotx platting 13 already budgeted into the City budget, which it is, we 13 fats. 14 could simply wait for die street to be developed and not 14 MS. GOURDLE: is It S5,000.00 worth of is have to pay anything. But the problem is we've already IS platting fas? 16 been waiting since November and the cost of interest 16 MIL DONALDSON: No, it's on the order of 17 rates and materials continues to go up and if things 17 5250.00 plus $10.00 per IIA something like that, for is continue at the current rate, we're not going to be able is each preliminary and final plat ! 19 to do this at all because we're not wealthy. if we were 19 MS. ootntmm Does a varwy r does this A 20 a large developer we would completely urderstand that 20 cod $2,000.00 or 3,000,00 to do? Do you haw any • r 21 this kind of a foe should be assessed to us, but since 21 MA SALMON: I know that it Can Cost a ✓ 22 we aren't and we'm just twa3 individuals trying to kind 22 simple plat 1 know can easily cost SI,500.00 anyway, 23 of do the right thing and be good members of the 23 But dependi:y on how much is Involved it could b, more 24 community, we're kind of feeling like we're being N than that, ht oould ddWtety be $1,500.00, $2,000.00, 25 punished for our good intentions by having to pay to 25 1 would imagine. PLA NNINO AND ZONING COMMISSION JUNE 9, 1999 Page 13 - Page t6 1], so- ' G i+ I CoodoOaoit"` Page 17 Page 19 I MS o0U"W: 'flunk yon I lots. ML. Nllsm will provide staff repot 2 MIL ENGEURWK., CominleslonCS, any other 2 MS. NILL9EN: Mr. Chalt, COam1116 ms, a ' 3 questions? Vet, Mr. Morew. 3 mentioned this Is to consider approval of P rlimhntay 4 MR. MORENO. A qualoa for Mike. L there 4 plan of Lots 1 and 2, Block I of the Laramie Addition 5 allots ace a is there distindion in our ordinances for S feau se you bave the grant o><partial variance the 6 small developers versus tow developer? What happens 6 Development Review Cmnndtlee roc0mrnad1 approval 7 if we forgive this foe, who kind of a precedence does 7 contingent on the outcow of the varliaoae. Public 8 that sct? Or do you foci eomfortabte enswerin, thu? t lmprovemrnts will include eoltstrudion of sidewalks 9 MR. conLANa, i believe the ordinance 9 along Kadolpl and the fen for the recoerdnlotioe of 10 really doesn't differentlatc betwan the size of the 10 Willowwood. i I wealth of the developer, whether it's a situation like 11 ML ENGEtBUM: rommisdoners any 12 this or wlu d= it's a large out-of-town developer. Of 12 questions for staff? Ms. Apple, did you I saw you 13 course, what we're looking at Is uniformity and I3 punch a - I haven't sore anything here. Ate that any 14 eeforeteg working with whet or WA" we have. Perhaps 14 questions? Ms. Nilssen, l nathoed one of the public 15 it's something that the Council could consider but 1 t5 lmprovearcnts required would be construction of sidewalks 16 think he Council has made itself clear by cot 16 along Kendolph. !bat's thu.t short, mall arts them. 17 differentiating in the existing ordinance. Hopefully, 17 Art there any sidewalks. doing Kendolph at this time? 1 e that answers ychur question. Is MR. SALMON: I don't believe we J, ore 19 MR moREs,,* vas, thank yoL 19 existing sidewalk oo Kendoiph. We do have existing 20 MR. ENGEIBRECH7: Any Oda gGathon4 20 sidewalk on Willowwood. 21 cornments? 2l MA ENOES•B ace Right. So we vvild be 22 Mkt POWELL.. I do rw=lba tome discussion 22 asking for one carver to have a sidewalk and oothirg 23 aid aMuncrns about in-fill property when these cone 23 along that whole street from 35 to WUlowvt W bag a 24 before us originally. lbere was some ratio boated 24 sidewalk on it, as I recall. 1 25 discussion about in-fitl property was going to eat our 25 Ma SALMON: No, it's simply regaled from Page 18 Page 20 1 lunch if we didn't do something about it and we didn't i the ordinance, 2 do something about it. And here we am look,4 s at it 2 MR woEuituw: I undastaA Wouldn't 3 1 was thinking of sou1~wO Dwton when I brought up 3 this be an appropriate place to just wive the sidewalk'! 4 those arguments, but this will work just as well. 4 1 man, given that we have now and probably won't ever 5 MR. ENGELBRECHr; Any other continents, S have oft there, r 6 question of staff, a motion? 6 MA SALMON well, it would require a 7 Ms. APPLE: rd like to move to recommend to 7 variance of the ordinance in order to do that g the City Council that a partial variant of Sectiun I ML LNGEWRECNr: Okay', lbmk ysu 9 34.114(5) be ghantcd for the Laramie Addition for 9 MA PGWELL, mom thin likely the homeowners 10 perimeter paving as recommended by gaff as the full 10 didn't realize it and didn't ask for it 11 arnount of the improvements would exceed reasonable 11 MS 000ILDLE Ilnfatunately, she just! left 12 benefit. 12 MA ENGELBRECHT, Any other queAhceg? Mr. 13 MR. R1sn second. 13 Saltrwe, did you want to - 14 M0. ENGEIBREC1rr: 11'1 been nwved and 14 MIL SALMW well, no. I wag just going to 15 swonded to recommend a partial variance as oulized by 15 say that I did visit with Ms. LaPolnt abort the sidewalk 16 staff. Discussion on the moti sh? Ali in favor plate 16 and she is swore thrt that sidewalk was a requirement 17 raise your right hand. Opposed, carte slrm 17 and she had the op' ion of asking for a vsrLnoe of that. 19 Ms. GAvnx opposed, 19 1 don't think she was rally opposed to the sidewalk I 19 M0. POWELL opposed. 19 because Lt isn't rally all that costly. At least the ' t. 20 Mil ENGELBRECHT: Motion carries, five to 20 last tinge 1 (poke with her, jugs for your iefomuioa 21 two. 21 MR. ENGEI9RF.= Ingot 1t'I not beadle 22 Item 9B then is to consider approval of 22 floe's not a grew deal of depth - width there - for 23 the preliminary plan of Iota 1 and 2, Block 1 of the 23 it Okay. Any other quati,'ms for staff? Comments or 24 Laramie Addition. 11e pfonaty is zoned Single-Family 24 a Winn? 75 7. the proposed Use Is two strgle-family residential 25 Ma XWtEL• A motion, i move to apprr,• e 0 PLANNING AND ZONING COMMISSION 3lM 9o 1999 Page 17-Pap? 12. t , I CoadeeaeltTM Page 21 Page 23 i the y: liminary plat of Lots 1 and 2, Block 1 of the I its final remarks trod the Comm4donrn will discuss the 2 Laramle Addition contingent upon the outcome of the 2 petition and make their docislom 3 varimm request. 3 A few notes, one, we do taterd to hold 4 Ms. Ar Pm secoad. 4 closely to that five-minute rule and in the ease of the 5 min. mEtzat orn it's been moved and j petitions, ten-minute rule, so please don't be 6 seconded to approve based em the outcome of the verism 6 surprisod if we cut you off cold-wittence. Ilowever, any 7 request. Any discussion on the motion? All In favor 7 spcid= will be allowed additiond time to speak by a 8 raise your right hand. Motion earriciunanimously. 8 vote of three members of the Commission Fat spesirer 1 9 And at this time we would move into the 9 we would ask to concern bi in or herself with presenting to public hearing portion of our marling this evening. It t0 new Information not given by previous speakem And I I is 1:00 p.m It Looks like we can break right on time. 11 finally Commisaionen ray at any time ask qurestiau of 12 Ma atsnEL r think this is one to break 12 suyone and call on the staff at any time and may 4oum 13 on. 13 to closed session a allowed by law. 14 Mil ENGELBREM. I believe. I would point 14 Having sold that, Item No. 10 is our fast 15 out, and let me find the last item on the Agenda, we are I s public fearing this evening. It's to hold a public 16 going to move Item 20, which Is receive s briermg 16 beariM to considta making a recommendation to the City 17 regarding the proposed planned Development Zoning 17 Council regarding the Fry Street Area Plan. At this I s district for Robson Ranch to ou 30-minute break session 18 time I will open the public leering and Mr. Hill, the 19 which ive will conduct a opposed to the conference room 19 now Assistant City MsnW will provide us with a staff 20 in the work session room And we would invite the 20 report, I believe, Sir. 21 public to attend that if you so desire. Staff will show 21 m MLL thank you, Mr. Chairman. I'm 22 you where that's at if you don't know. At this time we 22 going to introduce Ikdre Ragland, who Is the Planner n 23 will adjourn to the work room for Iorn 20. 21 from ag Small Area Planning Divisloe to prawn.' the Fry 24 (BREAK TARFIi) 14 Street Area lean to you. It's a fairly quick 25 Ma ENGELBRBCHTo okay. At US time I'd 2s pre5entadon that we made to City Council, The only Page 22 Pyx 24 l like to roconvene the regular session of the planning 1 thing 1 wanted to mention to you is that this is the 2 and Zoning meeting this evening, We will begin our 2 first of the snail area plans that we will br'ung every 3 public hearings at this him. I do want to apologia, 3 time to planning and Ong Commission for a which would be intended 4 The bricfmg ran aver This was the first time we have 4 recomnncndatiee to City I.atrlctf, 5 tiled this. In an effort to reduce our total meeting $ to be approved by resolution by City Council, So we 6 time, given the im'reased sit of the Agenda, we arc 6 think this is a very suoocaul venture and I'll turn it 7 trying a hale bit of everything, so please bear with 7 over to Dadra. 8 w. 1 would like at this time, before 1 open the first a Ms. LwAANtx Good evening. Chair and 9 public hearing to review our praadues fa the public 9 Conmulsslonem As Dave said, my name Is Dedra Ragland, to tearing. Do we have somebody that wants to put O -A on 10 1 am the Planner n for the small Ara Mini Program i l the overhead? We will put that on the aeroeo here I 1 it is with great pleasure tku we finally Pffte nl to you 12 momentarily or if you want to hand them to mr, I'll Just 12 the Fry Street Small Area Man, a summary of the 13 read Lvin firvt off. I I reeommaAdiaas. 14 first off, I will open the public hearing. i4 Just to give you a summary status, the Fry I s The staff wil I then read the petition and provide the 13 Strad owl arcs planning process was formally 16 staff recommendation. At that time we'll grant the 16 Initiated Feiniary of 1998. The process began with the 17 petitioner 10 minutes to speak to the redden. 17 Identification of the area stakeholders in the airs. 18 Following the petitioner, we'll a* resans in favor of 18 Basically, those are the merchants, the property owners, r 19 the pealdon on oppartuniry, to Rteair for a maimurn of 19 ut, r and the City of Denton, and also the Fry Street area , A, 20 five minutes. Following pmsont in favor, we'll ask 20 residents. To this date we've held eight public ! , v 21 individuals in opposition who would like to speak to do 21 meetings with Fry Street arts stakeholders beginning la 22 so for a moimuun of five minma. At that time if there 22 February of 1998 ad coding this Yew May 1999. As a 2) is opposition, the petitioner will be granted five 23 combination to those public meetings we held an tnbw 24 minutes to speak in rebuttal. At the time the Chair 24 design dw tte with consultants n-J eats stakeholders. 23 will close the public baring. The staff will present 2s Thal took place on December of 1998. On May 2% we lad PLANNING AND ZONING COMMISSION JUNE 9,1999 Page 21 • Page 24 13. c. Ap W& No. 9 9 - o AGENDA INFORMATION SHEET Ap* pm~8--s-- b AGENDA DATE: July 13, 1999 DEPARTMENT: Planning Department CMlDCM1ACM: David Hill, 349-8350/'U~YS SUBJECT V•99-009 (Clear Ridge Addition) Consider apprc ,,al of exaction variances concerned with establishing water utility standards for fire protection purposes for the Clear Ridge Addition. A) An exaction variance from Section 34-116(e) of the Subdivision and Land Development Regulations pertaining to water line capacity. The Planning and Zoning Commission recommends approval (6-0). B) An exaction variance from Section 34.116(c) of the Subdivision and Land Development Regulations pertaining to fire hydrants. The Planning and Zoning Commission recommends approval (5.1). The 273.893 acre site is located on the south side of Elm Bottom Circle, east of F.M. 428 and is in the City of Denton 's ETJ, Division 1. The proposed use is seven (7) single- family residential lots. BACKGROUND ~ I The applicant has applied for two (2) exaction variances of Section 34116 of the 0 de of Ordinances concerning water utility standards for fire protection purposes. Section 34.116(e) provides for a required water line capacity for a low-intensity residential development Fiat supplies 500 Gallons Per Minute (GPM). Section 34.116 (c) provides for fire hydrants to be a maximum of six hundred (600) feet apart in residential areas. The applicant is not providing any fire protection to the Jcvelopment. The development receives residential water from either: two (2) inch water line (providing approximately 160 GPM) or private individual wells (See Attachment 1). The fire department recommended denial of both variances (See Attachment 3). PRIOR ACTIONlREVIEIY May 27,1999-Variance applications submitted. June 23, 1999-Planning and Zoning Commission recommends approval of a variance from Section 34.116(e) pertaining to water line capacity (6-0). , June 23, 1999-Planning and Zoning Commission recommends approval of a variance from Section 34-116(c) pertaining to fire hydrants (5.1). June 23, 1999-Preliminary plat approved by the Planning and Zoning Commission (5.1). 1. G U ~ t* ESTIMATES PROJECT SCHEDULE A final plat will need to submitted and approved prior to issuance or a building permit. FISCAL INFORMATION NONE P&Z SUGGESTED RECOMMENDaIO The Planning and Zoning Commission recommends approval of two (2) exaction variances: A) An exaction variance from Section 34.116(e) of the Subdivision and Land Development Regulations pertaining to water lire capacity (6-0). B) An exaction variance from Section 34.116(c) of the Subdivision and Land Development Regulations pertaining to fire hydrants (54). ATTACHMENTS 1. Planning and Zoning Commission Repr rt, June 23,1999, V•99-009. 2. Planning and Zoning Commission minutes from June 23, 1999. 3. Memorandum from Assistant Fire Marshall. s R pectfuIlysub(m[i/tied: Mark Donaldson Assistant Director of Planning and Development Prepared by: 4 00 Ka Or Nil n Planner 1 i I.Af 2. ' r I ATTACHMENT 1 Ap"lda Nix PLANNING AND ZONING COMMISSION""" STAFF REPORT Subloc : Variance to Section 34-116(e), Case Numbs : V-99-0097 Water Line Capacity, Clear Ridge Addition Ia Kathryn Nilsson Pte: June 23, 1999 ACTION: Consider making a recommendation to City Council for an exaction variance to Section 34.116(e), pertaining to water tine capacity for the Clear Ridge Addition. PURPOSE AND APPLICABILITY: II Sec. 34.6. Variances and Modifications. (b) Criteria for variances from development exactions. Where the Commission finds that the Imposition of any development exaction pursuant to the Subdivision and Land Development regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the trap of land to be platted, it may recommend approval of variances to waive such exactions, so as to prevent such excess, to City Council. Waiver of development exactions shat' be approved by the City Council. RECOMMENDATION The Fire Marshall is recommending denial of the variance. The reasoning for the recommendation to deny will be provided to the Commission prior to the meeting on June 23, 1999, as the Fire Marshall is out-of-state participating in fire training. $IIMMARY: The applicant Is requesting a varla nos from Section 34.116 of the Subdivision and Land Development Regule':ons Ordinance, which is concerned with establishing water utilities standards for fire protection purposes. Specifically, the request petitions for a variance from the required water line capacity as stated in subsection (a): I (e) Water Capacity Reoulred. Every development shall provide adequate water capacity for fire protection purposes, Untess buildings In the development are provided with fire protection by means of automatic sprinkler systems In amonWnce with Chapter 28 of the Code of Ordinances, each devokpnonl shall provide the minimum water capacity (calculated with twenty (20) pounds of residual pressure} Area GPM High-intens4 commercial and Indusbial 3.000 Mediur -Intensity oommerdal ...............................1.800 A r Me l.m-iniensity residential 750 / t low lntenaMy reslden8ef......... 500 These minimum standards provide adequate water flow for fire protection service to each type of development. I 3. - J t c, t Ploase refer to Enclosure 2 for appkwrs bails for the variance. SUGG TED MOTION: I mo~la 16°re6ommend denial of the variance from Section 34-116(e) for the Clear Ridge Addition. ENCLOSURES: 1. Locat;on Map. 2. Letter from Applicant. 3. Preliminary Plat 1 i N J~1 ! F 4. i ENCLOSURE I N PFP-OM68, CLEAR RIDGE ADDITION SITE r 9 JI 7 1 LOCATION MAP R A' ta1r\,: c Agenda Date: June 23, 1009 !kale: None t Jl ENCLOSURE 2 !1 HAMMETT & NASH INC. P.O. BOX 1552 223 W, HICKORY ST. DF.TTTOII, TEXAS 76201 (940) 387-0506 MAY 27, 1999 John Gillette City of Denton Fire (940) 349-8159 Re: The proposed subdivision called Campbell Addition, has been changed at the owners request to Lots I thru 7, Block 1, Clear Ridge Addition, being 273.893 acres In the 1. Douthit Survey, Abstract no. 329, Denton County, Texas. On behalf of our client, Hamm-tt & Nash is requesting a variance from the City of Denton, Subdivision Ordinance for fire protection. This property is located on Elm Bottom Circle's d; stance of 2731.54' east of F. M. Road 428. The nearest water line is located on Hercules and F. M. 428, approximately 3.4 mdes to Elm Bottom Circle. The approximate cost for the installation for these lines are 30 dollars per foot, exclusive of the road and drainage crossings. Thia would require an approximate cost of 533,446 dollars to this development. This does not include the additional cost to procure the necessary easements, documents, Surveying and Engineering work. Reasons for requesting this waiver are: • There are seven lots ranging from 11.508 saes to 78,595 acres, which will contain 1 residence per lot. There are two homes already built, therefore proposing an additional 3 new homes. The cost to meet the fire ordinances are prolu'bidve to this type of development. • Up to 90 to 95% of this property is within the Flood Hazard Area and will be dedicated as a drainage easement to the City of Denton causing the majority of this portion to be undeveloped. We appreciate your consideration on this request, If you need any further Information feel free to contact me at (944) 387-0506. Sincerel i H ett c. A! P&%e; (940) 387-0506 Fax: (940) 565-0436 Metro: (940) 243-0266 E-mail: bAmt U net 1 6. c • 1 J A , )JOY i j r {~~y ~rl J I polo Y~ I I a!• / w. M i1 .YI r aW n 7D' 1 , .r. D f SURyB ~tVTN~o "t''Y r f ~~r '~°w'»x~YX tai ~"s'r fit. ror f ; . Y 0 LOT 0 • r ~j ✓'a 1/JflXw• lorI r. f•aea6ln au S ILM 400 0 0- AFT ~I NXII■ fol" plY~~ LOi 7 Owl n Nri I, t M X y ■/1 . F Y`1X 000~ y Y AM Nb i Y VO~' mm oi, 6111•[7 1 R! X, I7jl • ■ Y ■ \ \ r m X ma, `e~~ n v ii Y M • ■ Y Y w IBST N1.$29 wo Y ~,y ~Y M ~I N ~~~QQ aar ..S I 4Y ` aa+e ~XNr aann Y M try l a aua r■.• A ST'- sV•Ynn.r,aaRN. oP . Y►ma r • r 04 Y ! Of3YN1 « N 1711' 11 N avr■ aX~u N~n11 N !!L N• ~~g~~'f, ~f Md Yro►aY \ • \ Iil w.r l■a. ,•.uXLL ~ 1.1e 1 "1, Y b 7•r U7 1} aaa W ■ 01X% F IM[ IFavl iY ■ w~~ !7 0O Y 171. , 1 VIA « NX1N~•! 1.1,r1 MINX 1YaN~aM/t1■ 1f~q' ■ 1 Y,P 1~.1X►~ar1XXM IYO Y• ~4 .fib w \ NW am 1 r X owtxi 10416 ua l...,aN,..• 6 PRBL11I1NARY PLAT or Q M alI M A ►•■R I M rl M X ~l■■ a LOfa f-0, ILONK L r ~~■`lrOavam:«.r~Ta`...Yru CLEAR RIDGE ADDITION NA'u1, 0,i, mii"'n Sr1E Do6TM/f 8 M~ f1e17/, AfsMcl u r l~.e~°rXl~"' ~n«~aYaM f01 R7°~ f N MfINfY MCU. 310 is VA%Wrr Yet - = v,1.K f •aoo' ~S.LA~S7k~JaA01R'ift'G"«"" ' l ~ ~ INC. str.r■o■ar, rwva yfoul wn ~ena+aa rr a e o a, t cm-M PLANNING AND ZONING COMMISSION.'"-'dal"' STAFF REPORT b ec : Variance to Section 34-116(c), Case Number: V-99-009 Fire Hydrants, Clear Ridge Addition Staff: Kathryn Nilsson pi!!: June 23,1999 ACTION: Consider making a recommendation to City Council for an exaction variance to Section 34.116(c), pertaining to }ire hydrants, for the Clear Ridge Addition. PURPOSE AND APPLICABILITY: Sec. 344. Variances and Modifications. (b) Criteria for varlances from development exactions. Where the Commission finds that the Imposition of any development exaction pursuant to the Subdivision and Land Development regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract of land to be platted, It may recommend approval of variances to wsiv't such exactions, so as to prevent such excess, to City Council. Waiver of development exactions shall be approved by the Cit/ Council 1 RECOMMENDATION: The Fire Marshall is recommending denial of the variance. The reasoning for the recommendation to deny will be provided to the Commission poor to the meeting on June 23,1999, as the Fire Marshall Is outof-state participating In fire training. SUMMARY: The applicant is requesting a variance from Section 34.116 of the Subdivision and Land Development Regulations Ordinance, which is concerned with establishing water utilities standards for fire protection purposes. The request specificalty petitions for a variance from subsection (c) that pertains to fire hydrants: (c) Fire Hydrants. Fire hydrants shall be a maximum of six hundred (ON) feet apart in residential areas and three hundred (300) feet apart In oommercialAndustrial areas. Please refer to Enclosure 2 for applicant's basis for the variance. SUOOESTED MOTION; I move to recommend denial of the variance from Section 34-116(c) for the Clear Ridge ~rAddition. l ENCLOSURES: r 1. Location Map. 2. Letter from Applicant, 3. Preliminary Plat, 3. 0 . ENCLOSURE 1 NORTH PFP-99-068, WEAR RIDGE ADDITION SITE J i s 1 LOCATION MAP x Agenda DAN: duns 23, 1090 sole- Norte 9. ' t I ' I ENCLOSURE 2 { HA.>BTT dr NASH INC. P.O. BOX 1552 223 W. HICKORY ST. DENTON, TEXAS 76201 (940) 387-0506 June 3, 1999 John Gillette City of Denton Fire . (940) 349-8159 Re: The proposed subdivision called Campbell Addition, has been changed at the owners request to Lots 1 thru 7, Block 1, Clear Ridge Addition, being 273.893 acres in the I. Douthit Survey, Abstract no, 329, Denton County, Texas. On behalf of our client, Hammett & Nash is requesting a variance from the City of Denton, Subdivision Ordinance for fire protection, for t*o purpose of installing the necessary fire hydrants. In order to have a working fire hydrant the client would be required to lay an extensht amount of water lines. This property is located on Elm Bottom Circle a distance of 2731.54' east of F. M. Road 428. The nearest water line Is located on Hercules and F. M. 428, approximately 3.4 miles to Elm Bottom Circle. The approximate cost for the imtallation for these lines are 30 dollars per foot, exclusive of the road and drainage crossings. This would require an approximate cost of 533,446 dollars to this development. This does not include the additional cost to procure the necessary easements, documents, Surveying and Engineering work. Reasons for requesting this waiver a 7: • There are seven lots ranging from 11. $08 aces to 78.595 acres, which will contain 1 residence per lot. There are two homes already built, therefore proposing an additional 3 new homes. The cost to meet the fire ordinances are prolu'bitive 1.) this type of development. Up to 90 to 95% of this property is within the Flood Ha wd Area and will be dedicated as a drainage easement to the City of Denton causing the majority of this portion to be undeveloped. We appreciate your consideration on this request. If you need any further information feel free to contact me at (940) 387-0506. G~r~jl~'. H e , P.L.S. • f P"` Hammett & h, Inc, gip, t. i,Tr l L :M - ~ ' l alY•1• •a I ar aM f t W6 a~ 1 MIt~W` ~•M• SUAYS I D cot •1.1! f r' LOT f e~ =V= ; ALPI ao Lot t toy I MINIM MM AM oe.00 C L, I ..rr.w ' 7lna~IN KIT •x y n~ or S J« Ali ~:C . _ \ ~ y y •J~J' fact 1 N N JIM • y C a w"ar ~ " \ « 9Li I Vl wl... eBStR.Lcr No,d2A « y " ii , M ~ • £ . ~ « f w la'71. • MS 1 s"rr 11, 1' « !1 M • "If F.•"~u'w'Lwauw 1.71 0'.0{ Nlf f awre r, Jft m"a~aa M+ ~1' f t7f.N' M M IP Y,+' M 1 ►fj7r.lf r M ~ QI" ~f I '~1" ~ M Ip0.6tl' \ ` aw nl«aar«s"wa la•ua 1•n.++o 1pp' K7tN 'f ~ • u ri...n i«...ww, 777. • a ~i ~sjrilr~r/ayr~~lr ~iF r f ~i.wr tM /MI.~ W ~ M Of77f0' ~ 1• . rJ ~~~'I~i~""iw~n ue~ i~'.~i iwy Nf • u a e a.a a ' i PRBLIMIIVARY PLAT ~ w.s a 0I y n~M M.W rls lallrnwa " fdit f-7 tlA4'd 1, , ~ ~ lw~.r °lo+.~.t'~u~w, :`o a ~a"" • ~ CLEAR RIDL'a APPMON u Qom` " ui1:I F w al` ?r6F W Njfs.m AM I Mt! m O fll{ J. aawir•.rar toflTA7f dUA►!Y, /tIClN0.~84 oeN7L'W cw.vrl; rfXAd. 791 1!1 1 •r w w~.f~...W I/ClM~ IuI F~AA1A18IT & r1 riG P.lA KIM' mamma ~eJ~""~ f f em~•osnfrcad= pert rtn.;frrd M d td/ID _ 0 9 ~'i3 i 1 ATTACHMENT 3 WY OF DENTON, TEXAS CITY ALL WEST • 221N. ELM ~ DENT%, TEXAS 78201 t 94O) 349.83350 • FAX (940) 349.7707 DFW METRO 4342529 Memorandum To: Kathryn Nilssen, Planning pepartmeI From: John Gillette, P.E., Assistant Fire Marshal Date: June 24, 1999 Subject: Request for a Variance of the No Hydrants and Waterlines for Clear Ridge Addition, Lois 1.7, Block 1 The fire department is rat recommending approval of the variance of Section 34- 116(e) of the Subdivision and Land Development Regulations for Clear Ridge Addition, Lots 1-7, Block 1. Any structures constructed must have a minimum i amount of water supply for fire suppression for the fire department as required from these requirements and Appendix Ill-A and III-B of the 1997 Uniform Fire Code. Fire suppression is very difficult to achieve without a water supply. in addition, this development has a long response time in the evbnt of a fire. The developer is proposing to add 3 additional residential structures for this f development without any fire protection provided. The leading locations of fire i Injuries and fire deaths are in one and two family dwellings. Additional construction will continue to make the problem worse. In conclusion, structures without an adequate water supply can effect the 1 insurance ratings for the city or Denton or other cities. Water supply and fire hydrants must be provided to meet our requirements and the needs for fire suppression. The fro department does not support construction of buildings without the proper fire suppression needs. Xc: Rick Jones, Fire Marshal f 01%J6 12. ky SMkV, t, 1 I I AGENDA INFORMATION SHEET Ap& N tip C a Da11~~t t 4, 99 AGENDA DATE: July 13, 1999 I DEPARTMENT: Planning Department ACM: David Hill, 349-8350 SUBJECT-Exaction Variance (V-99-012) Consider approval of exaction variances from Section 34.114(5) and Section 34-114(17), concerning perimeter streets and sidewalks, of the Subdivision and Lind Development Regulations for the Preserve at Pecan Creek Addition, Phase 1. The 169.1 acre subdivision is located east of N. Swisher Road and north of Shady Shores Road. The developer has requested the variances from perimeter street and sidewalk improvements alonf portions of Po.krus Page Road and N. Swisher Road, because the development will not directly access these streets. In lieu of these improvements, the developer has proposed to make alternative improvements. BACKGROUND The applicant has requested exaction variances from the Subdivision and Land Development Regulations of the City; Sections 34.114(5), concerning Perimeter paving, and 34.114(17), concerning sidewalks. Planning and Zoning Commission recommendations and reasoning for each variance request fol lows. I 1. Exaction Variance from Section 34-114(17) concerning sidewalks Rru s : The applicant has requested a variance from the construction of required walks along Pockrus Page Road and Swisher Road adjacent to the perimeter of the subdivision (See At .1ment 1). Requlremew: A four (4) foot wide sidewalk along all road frnntages is required. Recommendarion/ReasonlnY: Planning and Zoning Commission recommends approval of a variance from the sidewalk requirement. The cost for installing a sidewalk along these existing streets to city standards would be approximately S28,000 in this case. The land use restrictions of Planned Development 132 (PD 132) zoning district that were established with the d.lailed plan do not allow direct access from these tracts onto the aforementioned public streets. 'thus, the development will have a smaller impact on the sidewalks than it would if there was access. There is also an existing row of trees along the road that would be destroyed with sidewalk and street improvements. Neighbors to the west of Swisher Road have expressed s cl sire to maintain a "rural" character to the road. 2. Fraction Variance from Section 34-114 (3) concerning perlmei !r paving fttw; The applicant has requested a variance from required street improvements to Pocktus Page Road and Swisher Road along the perimeter of the subdivision (See Attachment 1). The two roads do not currently meet city standards. to lieu of the required paving improvements, the developer proposes to mill off the existing asphalt, remix the subgrade and provide a two (2) inch overlay the width of the existing pavement. A Requirement: Regulations require that any development that is adjacent to an unimproved perimeter street dedicate the right-of-way and Improve or reconstruct the street to the same extent as required for new perimeter streets, unless the perimeter street has already been partially improved, In which can the development shall dedicate the additional right-of-way and make additional street Improvements necessary to complete the perimeter street to the classification required. 1. I i Recommendation/Reasonlnr: Planning and Zoning Commission recommends partial variance from the perimeter paving requirement. The cost for improving Pockrus Page Road and Swisher Road along the I s { frontage of this property to city standards would be approximately 5141,000. Again the developer will 1 not have direct access from these tracts onto these streets. If the veriance b granted, staff recommends timing the alternative improi, meats when either Edwards Road Is eateaded sad connected to Swisher Road or when the school site is developed and a driveway onto the mentioned roads is constructed, whichever comes first. When the school district develops this site, if it does, there will be corresponding road improvements for which it will be reasonable to make (See Attachment 4). It may request a variance from this requirement too, especially if the school site develops without d+rect access onto Pockrus Page Road and Swisher Road. PRIOR ACTIONIREVIEW (Council, Boards. Commissions) The Planning and Zoning Commission recommended approval (5-2, Rishel and Engelbrecht opposed) of both variances on April 28, 1999, seeing that the cost of the standard sidewalk end road improvements would far outweigh any reasonable benefit to the property owners in the subdivision (See Attachment 3). It attached the following condition: If access to Pockrus Page Road or Swisher Road Is proposed In the futuref vm tracts A. D, F, G, or L, this variance will be reevaluated by staff and be reeomIdered by the Planning and Zoning Commission and City Council, Staff recommends adding another condition: That improvements be timed with either the extension of Edwards Road to Swisher Road or when the school site gains access to these roads, whichever comes first. FISCAL iNFORNIATION If the variances are approved as requested, the City would be responsible for any cost of any additional street improvements on Pockrus Page Road and Swisher Road along the frontage of this property. The partial variance from the street improvements will provide the city some relief from the costs associated with future street im wovements. A complete variance for sidewalks wi11 re At in no sidewalks along this side of the public streets. Any decision by the City to install sidewalks ;n the future would mean that it would be responsible for the total cost. ATTACHNIENTS t. Planning and Zoning Commission Variance Staff Reports, April 28, V-98.012 2. Planning and Zoning Commission Preliminary Plat Staff Report, April 26, 099, PP-99-024 3. Planning and Zoning Commission minutes from April 2R, 1999. 4. Schematic Site Layout for Lakeview Elementary School along Lakeview Boulevard, Re fiiRsubmittt i' Assistant Director of Planning and Development ! f t' P epared by: ~f Wayne Reed 55" Planner 11 2. i i I 1 I ATTACHMENT 1 I DiY4,Y• 99 Memo To: Planning and Zoning Commission From: David Salmon, P.E. Engineering Administrator Date: 0412IV9 Re, Perimeter Paving and Sidewalk Variances for The Preserve Matt Goodwin of Goodwin and Marshall Engineering, representing she owner of The Preserve located north of 1-35 East and generally running north/south along Swisher (toad, has applied for a variance of section 34.114, (5) and (17) of the Code of Ordinances concerning perimeter paving and sidewalk. The subject sections of the ordinance require that all streets adjacent to the subdivision on it's perimeter be reconstructed to City of Denton standards including curb and gutter and that sidewalks be installed along those streets. The applicant proposes that all streets within and adjacent to the development be constructed to City of Denton standards and that sidewalk be constructed as well except for Pockrus•Page and Swishcr roads along the perimeters of Tracts & D, F, O, and L as shown on the aitachment. On those perimeter roads, the -3plicani proposes to mill off the existing asphalt, i.mix th; subgrade and provide a 2•incn asphalt overlay the same width at the existing pavement. The applicant bases the reason for the variance request on the large cost of the required improvements. The developer does not intend to provide direct access to thou roads from the development, however realizes that even without direct access, due to the size of the development, there will be some added traffic, The Commission may recommend that this exaction variance be approved by the City Council if the following criterion is met. (b) Criteria for variances from development exaction's. Where the commission funds 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 exaction's, so as to prevent such excess, to the City Council, Waiver ,,f developmental exactions shall be approved by the City Council, r i Stafl'agrecs that without direct access, the proposed development will have a smaller impact on those roads than would normally be expected. The cost of constructing those streets to City stand.vds would be approximately $141,000.00 and the sidewalk along that frontage would 3. c. I 1 I x cost approximately $28,000.00. The proposed Improvements will cost about $70,000.00. Staff believes this is more in lino with the increase in traffic expected with 11ds development. Staff recommends the partial variance as proposed by the applicant with the following .ondition. t) if aocess to Pockrus-Page or Swisher Roads Is Reposed In the future from tracts A, D, F. G, or L this variance will be remahiated by staff and be reconsidered by the Planning and Zoning Commission and City Council. Recommended btotlunt l move that we recommend to the City Council that partial variances of sections 34-114 (S) and (11) be granted for The Preserve as proposed by the applicant and feco nmeadai by staff with the condition rcconinoMod by staff as the cost of roconstmoing Porkmi-Page arid Swisher Roads to City of Denton standards and constructing sidewalks acres the frontage of Tracts A, D, F, G, and L on those roads would exceed any reasonable benefit to the property. 4, l Yla N ~ ; J1I ~ N ~ ~ ~ J) Mf. MY rM1 NON IN .I ` \ ~ y ~ p~~ /A X~ ~ 1n LY f. 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WWft WIN' -32 &2 1 ` ~ 'U ' A G+. ~Id r %y" . rr,,...~ l•', CIS+ { r r' f ~ / SOW WIL MIN 'A WON LM N.Unmw.er ' . y 11A"d IIIObI /r.L 1~r 1'NI F1Wf~lA 11 MCAK CRM i AI ~S~r ~•r~' r I.I~A IIYYa/T yI~ p~~ //~~1 »wla lOfRRY,tOfN IY~ryM IIaYWta11M111 ATTACHMENT 2 ds No. , PLANNING AND ZONING COMMI X81 y,_,r.9 RTAFF REPORT Sub]gc: The Preserve at Pecan Creek Case Numbs r: PP-99-024 Addition, Phase I Benda Data: April 28, 1999 M: Wayne Reed, Planner If ACTION: Hold a public hearing and consider approval of the Prellminary Plat of Lots 1.99, Block 1; Lots 1.18, Block 2; Lots 1.22, Block 3; Lots 1.22, Block 4; Lots 1.10, Block 6; Lots 1- 18, Block 6; Lots 1.19, Block 7; Lots 1-21, Block 8; Lots 1.68, including 14A, Block 9; Lots 145, Block 10; Lots 1.28, Block 11; Lots 1.11, Block 12; Lots 1-21, Block 13; Lots 1.53, Block 14, Lots 1.2, Block 15; Lot 1, Block 16; Lots 1-2, Block 17; Lots 1.2, Block 18; Lots 1.2, Block 19; Lots 1.7, Block 20; Lot 1, Block 21; Lots 1.2, Block 22; and Lot 1, Block 23, of the Preserve at Pecan Creek Addition, Phaso I. PURPOSE AND APPLICABILITY: A prellmfnary plat Is Intended to provide sufficient Information to evaluate and review the general design of a development to Insure compliance with the master plans and the requirements of the City's Subdivision and Land Development Regulations. Where a general development plan Is required, the preliminary plat shall substantially confonn to the approved development plan. PROCEDURE: The Planning and Zoning Commission is the municipal authority responsible for approving plats According to Section 34.5(a) of the Code of Ordinances. If a plat of repiat meets all subdivision And land development regulations and Is not requesting any variances, the Commission shall approve the plat according to Section 212.005 of the Texas Local Government Code. BACKGROUND: This property Is In Planned Development 132 (PD 132) zoning district, commonly known as the Preserve (see Enclosures 3 and 4). City Council approved the concept plan (Ord. 98-394) and detailed plan (Ord. 98-395) for the 427.6 acre zoning district on November 17, 1998. The detailed plan contains 138.99 acres therein and provides for A 452 residential lots, ranging In lot size from 5,600 square feet to 10,000 square feet r ' t 1'I'v9 n111'/.tir;~ Rrrrn drr B. t. c. a ti SUMMARY: The subject property Is located to the north of Shady Shores Road and the east side of Swisher Road. The purpose of the plat Is to develop phase one of the Preserve at Pecan Creek master planned community, The following Ise breakdown of the plat: The Preserve at Pecan Creek Addillon, Phase I Prellminary Plat Acreage 189.20 •Density for d,e 451 lots was calculated Residentlal Lots 452 using only die area contained within Nonresidential Lots 4 Treats A, 6 and 0 from the detailed Open Soace Lots l3 plan (13.82 acres, 12.87 acres and _p~ 61,18 acres) Total Lots 464 Density (units/acre) 3.82' PUBLIC IMPII&MMUM Public Improvements required at the !ime of development of Tracts A, B, D and/or 0 of the Preserve (PD 132) will be In conformance with the approved transportation Improvements list, which was an exhibit of Ordinance 98.394, which approved the concept plan for the Preserve (see Enclosure 6). This preliminary plat Includes 8.077 acres of parkland dedication. This area Is adjacent to the dedicated school site located on Tract D (see Enclosure; 3 and 4). RECOMMENDATI N Tho plat conforms to the minimum requirements of the Subdivision and Land Development Regulations, The Development Review Committee recommends approval contingent upon approval of the variances from perimeter street improvements and sidewalks by the City Council. SUGGESTED MOTION, I move to approve the Preliminary Plat of the Preserve at Pecan Creek Addition, Phase I, contingent upon approval of the variances from perimeter street Improvements and sidewalks by City Council, { ENCLOSURES: 1, Location Map A ` 2, Preliminary Plat 3. Concept Plan (Ord. 98.394) 4. Detailed Plan (Ord. 98.395) l 6. Approved Transportation Improvements List (Ord. 98-394) I'I' VU Oil bmji RrJ•fa rte 9 U ENCLOSURE 1 NORTH PP-99.024 (THE PRESERVE AT PECAN CREEK I' r W D{ r + ~ ~ i ,I PRESEA4F too' ► t D Cr A Y^ ahwr aAen LOCATION MAP A Agenda Date: April 28, 1898 Scab: None 10. i' Na r[rw rrPOw •r\I 1 1\` d ~ na rtr.w aww ` 911\\~ ~ 1,[ Pa{vrun aal[n 'i ~ I [.t. arwr blMn ~ I 1 Pr .lll raw IYPNI l,~y. • a • / / If YprKit no {..^w . ••;A... w P I,.• { • w III { ~ Lw?+, la w.. ♦ p [ [ . n , I, y4• RF~, ft rwww w.IP r n, 01 1 • . ,IA., o / a 'r 1 .1 A~7. ww ul to tip' ( c {o..rlr ! 1 01 1 ` I 4111- Ir /Jy~r/\~ l' •I ~~/1~1 ~~Y ~rl J -1 P `1 rl 7'~ ~ ~y.~,. ^Z I F pY1r ~t ~ ♦ I 1 ' r. 10 ' ..~AA I~ 4.1 ~1 V'ee~~~~~`11.~~~. 1\. • .N. M r 1 i ~7 ~ t `^~i'/. 7t7r.. 1 `M V1 ~ Ira ltrlf♦5Y1it~♦rl • ~ r fly t ~ \ L.,o\ U Ir Ig " \ t ~~~~pI IFIM • 11.♦IC to WIlOrt 1 na$:',r o.ir,:. C et ' T" rp MV2 0 recur a ' \ a yll i,~rq ~yf.(~ T i 1 Y' 1\ 4\ J 1t^_ 1 i, Ihs 7111' I• r 1; `~-~.r_ 1 , J r, C., »M• s~ r f~r~ .1 1,'~`~-.4 \11~,, t •~~tl r Ye.~t. eel 'r~ ` I1(/``r ~t~~..... ~5~.~.io-J( i Y ~I' r i y lilt 1111. / • ~ • Nr~ 1111 a. F. ~ , ~ .a. , I ' tl .Y YeY9 ».iYYw wr 1 00 1 4 ~ ~ 1~ ~ M1 ~ ~ % ~ ¢ `'0•~ w t A' 1~ r ~ Y ~ li ~ Y 7 1 '4. 4.w h IM 11'L 9wwS' il!1Tr,~ f,'~w •'+~i: a' Lwybti rvr _.1 ~ 1(u '1 ` . 1 YMb 11YYY •MI , IYwrrw IN./ OOF, 1. . i' V..~YYY rye '"t ' Y 1 11 Y Y Y Y Y i1 Y Ir Y X Y X N N ` N Y l~ S C Jrr/•' Mr✓r M X' N I h `.11 an un/l r ,1 Y ~ 1' • r i~ r ~ Y 1° It`r ~ Y.wrrY+ t ~ ~N • }I X h Y X X YIr Y 'I 'X X ~ 1' 1 I T r .I. IW I..•XJfMf~.M/lYrw i L 11X~c' X IY 11 X 1 X 1 1 1 • ' ~w+»~, Y M Y n i M S lC.-• L lY X f Y Y ',ly r M• ~ ^ N t I 1; r 1I\T r/ J • \ 1 t~ thmli I1Y e I». M MIV • L F X M ~ KEY *0 'Til 1 Y ~Y1 ' , Jt1 t 1~ ~ / i 1 .'~e • • rr r¢ ~i , 1 i X Y.•M' h »I 4ELY Y, 1 V t ,r' I YI'w t I N• ~ 1 ,y _ 1 1 ro r ur P 1111f r 1. YLr NAr. 1.lYM X • u11 r~w1j it 1 l~r'1 ~.1^.wni ~LIr1 • 1 Y u0 >'Iwr '1118/A melt MOM rid OM ADD / na 1 `'1 i `I Z ~,I~ i, ' OtYYieYO~ 111amt11~ ,Y 1 r , lartl a Tf@"MERN 0W-M OpppMNl AM~qµ~[YA1~~t .oYn IW ~ CR88R~ IARTNBR], LTD. 011W Otf 0~OM11t • DMDMDDUMTTrTf7W r(i• ti IMI IYYYWT~IIM~t~TIM1 i I i I I i _ V WV VKVM WAY lei 06 /1 1~.'y~•j~ ~1 i 1 L. V'1 Vr W Lw fw Rn 'o &so rrN eTrrG''W" rl , '1 11 ~Z f yi _ 4~+n~w p Io- t}} a t Qi '',I 1 ~O Cy 1 CI •\%~i ~ f~~. 1Oj- ~ (y/` 1 1"r urr.Lrr i kWO uY° ~~y^ FL MM. M'M VI NL MM+W MwOW 9. "A ft" bomb _ 1.1. MrY Fi.WI g~~rlut out N11li~ IrY~IT Q r ~ a q~r~y r~ ~ lw1'd7CF0r1Crrr1'1-,7~A1 ti MMO MLw.rMlL~llril a ENCLOSURE 3 J~ A 1 1 terse ,I • • t.•e•f ! 01, eMw eT Wrll ' .1%al -to 10 PIDCKRu5 G F R O A b J ~ , • har /wsw~ /I1 rwwr..u • w wir"r.r r•rY•t wwfeW.r 1 Ytrii 1 C 6kA by • \ ^Wr"II C la.ri Mr wt 6 N O \ ` - i b`.•T, rnr uYnr R I \ 1 eurrui r O 14_ 'C , +•Yr.rrr•rrrw++• •M Ywy. •r•rr Yi+••rY• W r✓• 10t~1{7~41MMJ.YRrYY •i+rM W W Ile, T,T ~•r~.w.r r. CO .r Y•1 rr• ~,v 3 A$ ~ f w r rru r rrr CiaY ter. 1•~ , t-,~ t' C• . Y ••IriW YMI W • Y • ! Y M ~ 4 . ~.lt ~ . u rr.• rw • r • Y . • r w i M ~ W rr.r r r • • . . r • w rrw ~ OETAILED PLAN ` ~i ` ~ ~pfll,l,~ iIT i l THE PRESERVE DINTON, TtxA* Ilia I ~ I I I'I I ~ 14 . „ 1~ 4 ENCLOSURE 4 YwIM , AM` I ."'i' I/IDWTIA L' 1 rr _~r~1~ rir• ~ IA:f~ ♦ 1 M>I1 TIAL O R1/IDINTIAL I RIIIDIRTIAI , r r r r r 0 RI IDl TtAL _ tip =44 ; AIL rr Y I / e r'L.i•14rr.Yr1 ~ I. •x~„ y~ O RI/IDOINTIAL RIIIDIRTIAL 011E I 1 i e~ e iAl11tD O ~r ~ ~ ~ YYYw • RIYIDIMTUL I © R IDITUI r ir:~'I rr.`•iv.r~~~..r~rr ' + JFL .wil~r~~w.rr.rrr.r~ • RIIIOIRII wrr rYrurr~.Y..r ♦ • ~r.Y ~~N'L'AyYw.,.. Y.1 1r Lii~•~~Y 1 a' •Iw~~'111i~ Y~~~~= •+ir•~r ~ ° L'Z.FJG•' u..rr e i W .ur •ri.~il a G••.•R a riu• Ilrir r•°ir •~w. r •ru 1 YY Fauw w • • • . • r 11'Y = 4 M • . • Y 1 N M. ti~• 00 ~ 1w~yV W Y Y~~ : • • Y = i • Y Y T \ L H C1 •ur__~ r r r • w • • r 7111 ~J-Y Ir41 Y Y = Y • • • ~ ji r.anww r Y • Y • • • 1 ' r A~ CONCEPT PLAN ilT Of THEoPRESERVE i~ t ENCLOSURE 5 The Pfeser,le I i Required Transportation Improvements j 11/09/98 TRANSPORTATION IMPROVEMENT TRIo0ERE0 BY 1 Signalization of Spine Road at 1-35 Frontage Road based Warrant Study on Warrant Study Approved by TxDOT, shall begin with the Development of Tracts A, B, and 0 2 Interim rlght turn lanes at Spine Road and t-35 Service Development of Road (northbound and westbound). Tracts A, B, C , or 0 3 Construct Sptne Road from Shady Shores Road (Old US Development of 77) to northern boundary of Tract A as a two-lane 25-foot Tracts A or 0 back-to-back street section, 8-inch thick concrete or 10- inch asphalt. 4 Reconstruct Spine Road from 1-35 Frontage Road to Development of Shady Shores Road as a 4-lane divlded street, 8-Inch thick Tract C, or concrete or 10-inch asphalt. Development of ABandO 5 Construct Spine Road from the northern boundary of Tract Development of A to the creek bisecting Tract 0 as a two-lane 25-foot Tract 0 back-to-back street, 8-Inch thick concrete or 10-Inch as halt. 8 Construct Spine Road from the creek blsecting Tract O to Developmant of Edwards Road as a two-lane 25 foot back-to-back street, Tracts D, J, K, t, _ 8-inch thick concrete or 10-Inch thick asphalt. M N 0 or P 7~ Construct Spine Road from Edwards Road to the northern Development of boundary of The Preserve as a two-lane 25 foot back-to- Tracts M, N, 0, or back street, 8-Inch thick concrete cr 10-Inch thick asphalt, P 8 Complete Spine Road as a 4-lane divided road (two 25- Completion of foot back-to-back sections with a minimum 14-foot wide Edwards Road median) from Shady Shores Road to Edwards Road, and Development 8-Inch concrete or '10-Inch asphalt, of Tracts H, I, and J 9 Disconnect Swisher Road to the north of Tract B. Development of _ Tracts A B or 0 10 Reconstruct Swisher Road from Shady Shores Road to Development of the northern boundary of Tract 8 as a two (2) lane rural Tract B road section, 8" thick. Road width shall be 24' unless ' documentation shows substantial disruption or potential destruction of existing tree cover Is likely to occur, In this Instance, an alternate road section to be no less than 20' wide shall be em loved, :5. C~Hkrlw Mnnning~cmwq•zoning1I K".084 I Meenrw Appm*d TIA.Ja i i 11 Widen - and Improve Shady Shores Road to provide Development of i separate left-tum lane at main entrance to Tract C and Tract C Intersection of Old US 77 at Shady Shores Road providing a 38 foot wide, 6-Inch thick rural section rood with transitions, 12 Widen and Improve Old US 77 for approximately 500 feet Development of In each direction from Spine Road 36 feet wide, 6-Inch Tract C asphalt or concrete to provide left turn lanes with transitions. 13 Right turn lane (eastbound) on Spine Road at Old US 77. Development of Tract C .4 Construct Edwards Road between Swisher Road and Development of Spine Road as a 36-foot back-to-back street, 6-inch thick Tracts D, L, M, N, asphalt or concrete, with no parking or direct driveway or O access. 15 Remove Pockrus Page Road between Swisher Road and Earlier of Spine Road Construction of Edwards Road or, Development of Tract D 16 Construct accbr to Tracts H and I from Spine Road as a Development of 26-toot back-to-back, 6-inch thick Street, with no on-street Tracts H or I arking or direct access (concrete or asphalt . 17 Signalize the Intersection of Spine Road and Shady Warrant Study Shores Road (Old US 77) when warranty are met. shall begin with Development of Tract C 18 Construct additional two-lane 25 foot back-to-back street, Development of 8-Inch thick concrete or 10-Inch thick asphalt from last Tract among Edwards Road to northern property Ilne boundary MA O. or P Notes: A minimum of 60 feel of right of way will be dedicated for Spine Road with an additional 10-foot right of way reserved on each side for future acquisition and wldenino. An addit1wal 10 foot right of way (120 fact ultimately) will be reserved for a distance of 250 feet each side of the following 3 intersections to accommodate future turn lanes, 1, Spine Road on, ,ay ' .,res Road 2. Spine Road and the roaa w Tracts H and 1 3. Spine Road and Edwards Road These Transportation Improvements are based on development of The Preserve which assumes a generally south-to-north phasing pattern, Should the development pattern shift due to external Influonces, the list of required Traffle Improvements shall be revised eccordingty, Definition of Tract Development- Platting of any porllon of the specifled tract. j 17, C Donlon F9AnnInp;Caere-Iminp't996+1.96-011Wrocerve Appn~ve0tlAeoc t ' ATTACHMENT 3 Page 7 I CMS. GAN ZM Second. r ewu p w smeter roads only In these sections. 7hU 2 rut woEuRuxn Been moved and vecoodod 2 variance applies to tracts A, D, P, O and L 3 to rwomrwd approval. Discussion an the notion? All 3 what the developer proposes to " let me 4 in favor false yon right hand. Motion credo 4 explain. What would typically be tequirod would be a s unanimously. We move on to item S then N4deb has S 24-foot pavement section including qA and gutter on 6 throe soctioos. This le in ragvrds to the piesave at 6 the side of the development with a four-foot sidewalk 7 Pecan Crack Additioo, Phase 1, the 1641 acre tract is 7 somewhere behind the curb. The pavement a nornJ4 t located to the north of Shady Sbwes Road and the east ii pnvement thiokaess for collector streci, which is wbat ' 9 aide of Swisher Road. It's In the Planned Development 9 these would be would be a six-inch asphalt section on 10 132 Zooms District The purpose of the plat Is to 10 top of a Lyme-prepared subgrade, What the applicant I I develop the p,coava at Ptvka Creek Master Planned t t is proposing to do Is mill off the existing asphalt I I Community, 12 which it sort of a combination right now the Is Item SA Is to consider a variance from I ) existing asphalt Is Idnd of a combination of what we 14 Section 34-1145(8) of the Code of Ordinaaas 14 call a seal code and wire patches and I think there's is concerning improvement& to existing parameter streets. 13 been some overlaying in the area They want to mill 16 And Item B is to consider a variance from Section to off the old asphalt, remix the aubgrade, And apply l7 34.114.17 of the Code of Ordinances concerning 17 two facto of new asphalt, bas(cally, malting the 1 e sidewalks. And in both cases W. Salmon will provide 19 road look ww and it will repair any base failures and 19 the staff report. Sir. 19 anything that's existing out then to date, 20 MR SALMON: chair and members of the 20 The reason they've asked for this vatianoe 21 Coinn%lWon, what I we dd prefer to do Is to cover both 21 Is that they are Proposing 0 ditmt aeeeba to either 22 variances at one time being that they'm somewhat 22 of these roads. And even though this Is going to be a 23 linked And, unfortunately, I've only provided you 2) relatively large development, tle way they've uf&Ajed m one motion which coven both. So If you determine 24 their internal street layout should pretty much 2s that you want to act differently on one can than the 25 rninimlxe the amount of traffic from their development P40 6 Page g I other then we're going to have to m4e. up a couple of I that will use there petticulu roads, so they fat 2 new motions. The applicant's engineer has applied for 2 that thews a east issue bee, You know, rather than S the variance. 1 think we're all familiar with where 3 putting their moony on roads that their traffic Isn't 4 the preserve is. It's a subdivision that's being 4 really going to use, they would like to spend less s proposed out near it runs north and South, somewhat s money than, 6 along Swishef Road just to the west of We 6 Because this is a variance hued on the ; 7 i.twisville, north of 1.33. What we've attempted to do 7 need created by the development, it is an exaction a here is blghlight what Sections of Pockna-Page and it voisnoe, which Is one that yo ;11 W ratting a 9 Swisher Road that the variance application applies to, 9 rer: n tronWon on to the City Council. lust wanted to to It's a rather large plat, so it's on more than one t0 give you an Idx of the road conditions This is on I I page, But th' section of road that "'to looking at t r Swisher Road looking south from Pdwards. You can't 12 this evening lb Pockrus-Page Road along, l guess, it 12 tell very well, but the pavement Is somewhat 13 would be the north boundary of one of the residential 1) deteriorated. You can we by the different orlon of t4 tracts and than Swisher Road turning and going north 14 patches and sluff that either the city at the county 15 from Poclaus-PW^e up to approximately where 19dwaris has bladed on some asphalt In some locations in order 36 Road is. nx--se don't match exactly, but the toad 36 to patch the toad You t'a0 also sec that In some 17 pretty much follows this L shape. 17 locations along the road thaws some pretty dense Is '!fro proposed Lakeview Boulevard Is over if foliages 19 ben to the what would be the eat And than them's 19 Ibis is Swisher Road at the other end at , t , 3o a proposed green bell and creek over here a little bit 20 Pockna Page looking cut As you an tell, at this 21 further to the eat; T W applicant i,, proposing to 21 kocsdoe, the road is a little bit more densely 32 build all the Interior strata and other parameter 22 fasted. One of the things, also, I thinly that the 23 streets to a city standard. But in this ease what 21 developer is loteodiq to do Is with this partieWar 24 they're asking is for a variance of the standard 24 variance, with not Widening the rod, whet they're Ili Parameter paving and sldewatlc requirement Wong these 2s Doping to do is maintain the exlstiag Mee Ilse 90 PLANNiNO AND ZONIPIO APRIL 28s 1999 Page S • Pegs a la, Condeuieltn" Page 9 Page 71 I that their development will not only have a !united 1 what I'm hying to get at is, what's going to r 2 traffic imprct on these roads„ but also a somewhat 3 happen to Oda road with the funds that will be spent 3 limited, l guess, view Impact 3 on ;t, will it be twice as good or a lot be- This Is Pockmw-Page and Water looking 4 Just Pjve mo your opinion of it, you know, 3 north. And then just one more - and Pocknu•limp sod 3 MR. SALMON: Shocturally, it should be 6 Swisher looking west on Pockrus•Page. As a matter of 6 better. Vie existing real has been patched several 7 fact, the City of Denton currently does maintain 7 times. And, you know, when you have an asphalt raid 6 Pocimus•Page Road. Toe County maintains Swisher Road a that's been patched that may times and true flat many 9 at this location. in this case staff is roooromeoding 9 cracks in it and his had to hive subgrade repairs, the , III 10 the variance, We've estimated that the standard to main problem is getting waiter under the asphalt And 11 Improved - that the standard improvements for the l l once you gel wit" under the asphalt, 11 doesn't take 12 street would be approxlmately $14 1,00.00 and anotba t2 much traffic to cause another base failure. And 13 $26.000,00 for the sidewalk. The Improvrmreais w u that's what we're looking at right now on the existing Is proposed by the developer would cat about 14 conditions. Under the proposed conditions, we're 13 S70,000A0. We would "that with the very minimal is going to have a repaired base and we're going to have 16 amount of traffic that they're going to be adding to is a two-inch layer of new asphalt that won't have ricks 17 these roads, that the $70,000,00 ton Is probably 17 in it at least for some time. So I think, Initially, IS more In tine bared on their treed. is and under just normal rural traffic conditions, l 19 Staff is adding a condition to this partial it guess comparatively if the existing road might be a 20 variance. And we may wail to take a look at the 20 two or a three and the proposed road might be a five, 21 wording on this. But, basically, what we're trying to 3 t Int. POWELL- hank you. That helps me a 22 do with the condition Is that in the future if someone 22 lot. Secondly, you said we would possibly come back ~I 23 else tomes In and wants to fual plat one of these 23 to this if somebody developed another lot along this 24 parcel s that I listed artler and wants to take direct 24 road or socxth_rag. I didn't quite get a grip on 23 access to either Pockrus-Page or Swisher Road, that as that. Pyle 10 Pig I we're going to be able to wee back at that time and 1 MIL SALMON - fteS correct Ile 2 revisit this Issue and possibly get the paving 2 developers of the preserve have no intention of taldag 3 Improvements we need at that droc if someone is going 3 direct weeis to either of these roads. However, that 4 to take aooess to It. s doesn't rh m that they might not develop and someone S At this point in time the developers of the 3 else cadd buy the property and want to do someddng 6 preserve don't intend to tike access to 1% however, 6 different 7 probably the most likely Wng the could happen Is 7 Mit. Powsm- so this would be on the other 1 that the school district is looking at obtaining one a aide of the street? 1 9 of these situ that eould back up to Pockrw•Page and 9 MIL SALMON: No. 'lie same properly or what 10 Swisher Road. And depending on the typo and amount of to would even be more likely and is probably ooimg to I I traffic they Intend o. ,1st m those roads, floe may t t happen Is that the school district will oome In to 12 need to be some adu4 lmprovemat4 made it that - kt plat their property, which 11 000 of the trace that 13 time, So that's the reason for the c"dom I'll I3 I've listed and they're going to want to put buses out 14 be glad to answer any questions you might have, t/ on this road Now, a two-Irich pawmemt will ooh hold IS Again, the motion Is kind of put together, if you is up school buss. it's fine for rural resideadat 16 went to address the sidewalk and strocis separately, l6 traffic, but not school busts. So if sod when the 17 then we could try to formulate some different motions. 17 school district oomes In and wants to plat kit Is MAL WOEUREM: Yoe, Mr. PowellL, is property and take direst ames to one of these to&&. ~ 19 Mx rownt t thank you, Mr. C6atrum. Mr. it we're going to have to look st upgrading the pavement At 20 Sahnce. I have a Couple ofqueodons. Based oo the 20 section. / f- ' t t coMdoo of the road today, I don't know how to ask it MR POWELL. Okay. Now, when we look at 22 the question exactly.. bud let's give it some sort of 22 1% quote, unquote, we look at it, who fo* the bill 21 a mumerleal equivalent, ail it a five out of too or 22 thea7 24 three out of ten or wi never you went to call it, what 24 AIR SALMON: Most likely the School 23 wmdd the coodidta of it be after the $70,000.00 is 21 district er whoever is plattitlg the p2opetty. PLANNING AND ZONING APRIL 239 91999 Pale 9 -78P 12 19. ' G 1 CondeMe101 Page 13 Page Is I MA. Poymu.; And flat's because this 1 the repairs on - the overlay, the re-milling and The 2 particular subdivision, and 1 may be simplifying 2 overlay would be done u the early part of this 3 things, doesn't have any entry to this toad with their 3 project or at she end of this project? 4 subdivision? 4 mK SALMON: probably toward the end. In S MR SALMON: That's correct s fact, I would I mean, I would VOW and, of 6 MR. Powm: Thank you. 6 eoursei the applicants am hero and they can probably T MR. BNOMIRBCHTr Odo questions? Yes, 7 IA to you about their ooltstructio a Imgtrence, but my' I Mr. Rishel. s guess would be that this would be probably one of the 9 MjL RMH13L: rm not quite surq I ktiow ar 9 last d&41 they would do is come in and rebuild this 1 o understand what our guarantee or what our potential 10 road because they wouldn't want to do that knowing i 1 construction traffic is going to be in the process of 11 that them was construction traffic in the arcs. 12 getting their equipment to their site and from their 12 M0. RIm u And 1 think we talked about 13 site and not taking Swisher Road or Pockms Road to 13 this as being a several year build-out of this 14 get that aeeompliahed. U that feasible to think that 14 pnooeas, which could take anywhere from throe to five is that's going to happen? I mean, part of what we we 15 of six or seven yeas as they've done In some other 16 when we do we subdivision development is the fact i6 projects that they've been a pat of at least, as 17 that we drive heavy trucks on that. We bring heavy ' n history shows: is that typically the case? It may be is equipment out there. We bring concrete trucks out II as tong as sin to seven yeas? 19 thee. We bring asphalt trucks out dtcro. And that 19 m SALMON: I would assume to with a 20 proom is part of what we ask developers to pay for 20 subdivision of this sin. 21 to get that cquipment Sao$$ that and make that 21 Mx BtlcPx We may need to clarify. 22 traverse u well as the load that's put on there by 22 Lakeview 1?aulevard is going to be completed in a very 21 the subdivision itself. What sort of traffic do you 23 short time frame. 1 24 anticipate, David, being on then becautt of just 24 MR. SALMON: it's going to be built In the 25 the construction operation? 3s soma sequence u de subdivision. 1 mean, Lake_v_k_w'._~ Page 14 Page 16 4 I MiL sAta'oN: well, I would anticipate thu 1 Boulevard has to N built to the, I guess, they're 2 there could be somi emstnictioo traffic Wtb iy 2 typically planning a south to north acbdnlag at a 3 during the construchie of the subdivision. But the 2 phasing scheme. And Lakeview Boulevard has to be 4 naln way in and out e f the subdivision is going to be 4 built ideas the frootW of wkatcm they're platting S L keview Boulevard, a rhicb is going to le built, I S as they continue to develop north. So they will 6 believe, with a tei-bx'a pavement. it wo ld be a always have Lakeview Boulevard to come In on as they T Initially, they're Bout to have to come la off the T continue to dcvclop. I existing roads to ed lye emstmctioo stated, but I MR oLxmu But ones that rust phase of 9 once they get Lakeview Boulevard in place, they're 9 Lakeview Boulevard Is completed, is the need to we 10 going to want to use to revIew BvZaord simply beawe 10 the other fad vro're Wklns about 1 I construction traffic would tear up the existing roads 11 Met sAtmoN: sight. I probably didn't do it 12 and they would be required to fu than. And if 12 good job of that„ but explatnlas that, but, right 13 they're going to put $ 70,0000. 1 gush, into these 13 mx atsHru But to flat going to be tam 14 roads repatring them to wtateva extent they're 14 up roe six of seven yon? 1 S propodng, then if they did that early to the prooas Is Ma SALMON: Na No, Once they gd do 16 and allowed a bunch of construction traffic to tar it t6 rind section of Lkevtew Boulevard Iq and it's goteg 11 up, we wouldn't aoapt the subdivision until they went 11 to be a sap-inch pavement section, it semta to me that I I back in and repaired It again go 1 think rot their I I they would want to tae Lakeview Boulevard to come to 19 own aka, they're going to went to direct their 19 to build their nett phases, because If they fix this r' 20 eonstntctloe traffic on to Lakeview Boulevard ones 20 road now and then come In on a Liar phase and tar It r s f ` 21 that's In place beaux we do have mechi iisma of going 21 up, they're solos to have to fix It Beat& 22 back and gating the developer to rm the road if 22 WL tatoet u m rd just hike to add to 23 construction traffic km It up afw It's been put 23 that it seems to me when you Zak It the traffic 24 in plan. 24 scheme out them flat if you with LA view 2S MR. RISM so you're andelpst1%that 21 Boulevard built, It's d%W4 that any bwvy PLANNING AND ZONINO APRIL 28o 1999 Pop 13 - Psgo It 20. CoadtmaeltTM ~ Page 17 Pose 19 I equlpmeot would oome any other diredioe because tr I are the roads nerd hem that we're looking u the 2 come down Pocluw•Paoe, you would have to so dew a to 2 variance skis evening. The arhool site du In here s Shady Shares Road, make a hi•tura, can back to s io dds little triacgular area with a Joint usepark 4 Porkna•Page sod go down to Ica dare, which doesn't 4 site adiacml to It. So there Is some possibility, to S make any sense or you're going to come down Mayhill, s fad., it's highly likely that the school dishlot may 6 cut down Fdweda sad than to Swisher, and then all the 6 want to access through the perk alto to get bath to 7 way down to Pockrus-Paga and wind sip at Lakeview 7 these rods. We've talked to them about they've a Boulevard anyway. So I don't we my way,that a" a talked to us previously about possibly having bus 9 any sere In tams of time and spaad and everything 9 traffic tome from the rear and assn combs at the 10 else other than for oondrucilm equipment to use to front I1 Lakeview Boulevard Nov, that's under tic assumption I I MIL ENd2Et8RECKP. In the evertt that the 12 that It wilt be completed at leant that fvd 12 scboot district chow to use Swisber and Pociwa•Page 12 bacraent bcrom they beglo construction oo the rest 1I either/or for $a bus traffic. are we going to have 14 or the site. DD we have my requirement for that? 14 any kind or problem with the width of the road? 1 Is MIL 9A1MON: night 1 WA to your plat 15 meat, have WO gives that coodderaton? 16 backup, which Is at the back. there was sat of a 16 MR 6ALMM: it redly depends on low nmany l7 sequee king of traffic Improvements that oc ed to occur 17 buaa. 1 mean, wbat I would be mere concerned with In it with each phase and they're deigned for that to do I6 this am would be the thicimee of the payment it 19 that 19 there's gotta to be bus traffic more so than Q e 20 MR Emmskwa: tit and ante that's in, 20 width. 21 then there really It wouldn't It doesn't stake 21 MR WOMIRHCNrr okay. The width you 22 any mac that the construction equipment would use 22 think will be fore. It's a matter of whether It's 23 those other route gives the convoluted aahkn? 22 thick merge or not 24 ML RALMON: P*L I amen, because or how 24 Ma LUMM. nighhL i man, the pavement 25 crooked the road would bq I just can't see that Was 23 Is wow*bae between 22 and 24 feet wide tow which is 3 Page 10 Pogo I very likely. I a little bit narrower dw our standard estate 2 W PNaELBRMiT.. Yes, Mr. Powell. 2 section. But It provides lace widths that are st s MR. POWELL, Thank you, Mr. Chairmin. Mr. 2 least I l feel wide and, YOU know, that's not all 4 Salmon, you told us and I've forgfta. Llow much is 4 hat's not unheard of. $ this going to save the developer approximately? S MR. ENaELBR cn well, et me ask you 6 MR. SALMON: About 90 or !I 100,000.00, 6 stela. In the event that dare is additional 7 somewhere in that. 7 development on the other side of SwWter or MR POWELU Think you. I Pot rus•Page, are we going to be able to widen the 9 MR. ENGELUEM: Other questions for Mr. 9 road, cub and gutter it without disturbing the tree 1 10 Saboon7 I have two question One, will we will 10 lines and all these other things? 11 this in any way increase the width of the road or are I1 MA. SALMON: Well, if development occurs on 12 we going to leave it at Its current width when dray n the other side of the road than 1 goats the people u reh It? 12 that the de lqm Is trying to protect kind of to 14 MR SALMON. The proposal If to leave It 14 array anyway. But if 1011000006 came In with soother I s the current width. And I think they want to do that 15 development on the opposite side of the road, wed be 16 so that they don't have to disturb the tree lines. 16 looidog at this game Issue. And if they were going b 17 MR. ENOELBRF,CIrI': Okay. Second queatim a take aooesa 10 It they would probably hies W improve I I Do we have sons sense of where our PJM1 might to It 19 might be located? Could you kind of point that out on 19 Now, this developer Is dedicating the 20 the - and a follow on w 20 spptomew amount of right-of-way. So tint in the 1i ~ t l l MA SALMON. I can point out tit school 21 future if the road really am does Jim to b ! ! ~ 22 site. Now, we don't know, In fact, we're gains to be 22 wldaoed, we'll have the rig1wof-any to do so. Aad I a mft* with the school district to Wk about how 2j slut lame the trees would have io o" out, t w,ula 1 24 they're solog to site their school if they choose to 24 imaginer So we're setting the rW-of-way. And It 25 build tree. But right now we're looking at these U certainty Is possible In the future tt will teed 10 W PLAW NO AND ZONMQ APRIL 28,1999 Pop 17 • Pager 20 21. 1 , Condonsoitt'r , , Pale 21 Page 23 1 widened to a standard oollectot streol widd% tut I 1 the school &*M Is luati08 h m. 2 would anticipate that that would be when oil*r 2 sta. ENOlxawaclrn mw.v much &6fidood oat s property in the area develops. 1 do you think the school district • - what w xild they 4 From what 1 understand during some ( f the 4 bare to do to the road in tams of money Vent in s neighborhood meetings, there was quhe a let of s order to bring it up to's standard for a sgod bust? 6 coaoer0 with some people that lived on some of these 6 sta. tumomt, wbat 1 would anticipate doing 7 larger paroels out hero about, you know. trying to 7 If the ocbool distriet is salty to take aoooom it keep some kind of rural flavor. 6 first of all, world with them and detamlac bow they're 9 MR 9NOUBRECit'f, Okay. All right. And 9 going to route the school elites, 7bey may not need to to the follow on with that, when you have discuautom to use bo h roads. They may only aced to use am of i I with the school district, ate you going to halls to I I them. So. of omm. if tbey am - if they can 1 12 them about the fad that there may be some gwwdon 11 sues if tbey cm show w that they're mat $0109 to 11 about the ability of the braes - or the road to is need both roads, them, of wurre, the cat Is solo/ to 14 handle the buses and, therefore, maybe they ought to 14 be oondderably less. Whatwe're lookiau alit is look at using the other road when they site this 11 probably another two mayW tbce indta of pavement at I6 thing. if they can? 14 minimum fa school bus trafty. I Sao" I don't have 11 MA. SALMON: Yeah. We've got a dual 17 a very good figure for you rot now. I toea % it 16 issue. We've already we've already had some i s wouldn't be this S100,000.00 that we're saving the 19 discussion with the school diarid about them having 19 evening with this varlaooe. It Wouldn't be dlot much 20 to upgrade these roads if they take scoaa to them. 20 But it may be 10 the raw of, you know, of so of 21 So it won't be a surprise or at least It shouldn't 21 540,000.00 anyway. 22 be. 22 MX EMMARECrm 7t" why don't we just 23 Tbc other issue Is we're going to be 21 give it variance of $60,000,00 and wive covered the - 24 working with them to site their school In such a 24 and ask for a four-Inch paverreat and they we've - 25 manner dial we won't have to put a school none on 23 Mx.6At"! 'abatis an option. i mean, YOU Page 22 Page 24 I Wceview Badcvard. So there's kind of a balance I know. 2 bete. 2 smn 10mWite,w; Gray. Any other 3 MR. ENaeteREClrn Way. Ali right. Now, l 7 questions far stag? Mr, PowclL 4 understand slut because you're trying to maxhnlae the 4 Mgt. tOWEW 0)"flon for you, Mr. 5 traf is now on Lakeview Boulevard so you don't want a 5 C mw= as good dn4t do thatl o $uaain is l u 6 school Woe? d one of tbo 7 Mk SALMON: Right. 7 vn dealt lnlx the bude , Our budget and the schod s sm1L wocLERE n, whleb would suggest then s distM budget doo't mile. So we couldn't eve tbeen 9 that we probably weren't going to put bus traffw on 9 less. - get my point? 10 to these roads but then you'ro suggesting that maybe 10 MIL WOEUREolff, t do. But it jot sneerer I I the school district is going to bave to upgrade there I I to me that wdro waotlag to give a variance to a 12 roads? I2 ooodidon that this subdivwm Will gowuld. 11 MR. s MAON: shot's very Nicety. Ybsy'N I1 m L ►owatL I umdmwd that and I'm ant 14 going to have to do something, Probably do an 14 disa$eatag a bit. I'm Jot Was te wisp lays" I S additional overlay to make the pavement thlcka or is around that k ntmdnnm 006e c) 16 something of that nature. And wire goW to bave to 16 Ma. ENOEW REOM woll, it just same to me 17 determine what route their buses ate sodas to use. 17 that if we imply ask for four Inches instead of two. I I MIL INGELaREM The schoot Is coming "a I s then we've taken cars of the school bus issue, they 19 result of this develops ent But tlila developer wants 19 01111 ova $60,000.00 and i e sebcol district isn't 1 ~ r 20 a variaooe for the quality of the road? 20 $pending soy money, wlileb I doe's tmderstatd w* they 21 wt. ammoN: Right. 21 abouid wM wyway. Any ocher qutadoes for daf I7 r I 21 wt. tnrooLsKoctm out that school would 22 Is than W" present who wadd Woo to addre" this 23 wind tip bolas these as a teaWt of that developmKmt 21 INUO Yea, Sir. I do* you might. 24 primarily, I mesa, because ilia so lays? 14 If you would. III" w Your rams and 123 wt. Lumox: I would assume that that's w%y 21 below address far do mad, ple"e. PLANNIINO AND ZONING APRIL 26,1999 Pap 21 ' Paste 24 22. ' C Condon t, Page 25 Page 21 1 MR. Pomucrw Mr. Minnin and member of t Issues that came up. One is how we're 904 to phase 2 the Commission, Mark Foutlick I'm the developer of 2 construction. Most of the construction as we're s the pmeerve. Let me just take you back In history a 3 building this is Lakniew Boulevard here ad 4 little bit a to how this wbole thing happened bexawrj 4 Lakeview Boulevard will be bullt all the way up to k s the school district lave came up a little bit later s least hero. I think actually hero for Piave 1 to 6 oar This wu In response to our numerous nergbbabocd 6 ,case these subdivisioos. This is Swishes Road. It 7 meetings that we had with all of the surrounding 7 cumady comes up thls way, turns this way, and goes 1 neighborhoods which supported the project and am', out 1 that any. SO mat of the construction in the 9 in support or it one of the biggest coomns was the 9 beginning Is going to tome up Swisher Road to access to parameter. Everybody you know, this to a large 10 building this nelghborlaod. We have to fully improve l t plea or property. We've got people living north, 11 this portion of Swisher Road as a whole new road. So u south, northeast and west and a rural character that 12 that once we ru%M building and construction, we 13 was that was a caroern of all the people living 13 have to come back and do Swisher Road. That's not 14 there especially on the east and on the west. And 14 What the verianee is requesting. The variance Is up 17 there was a lot or discussion as to what the back to 1S hero and back hero. id this nelgbbaehood was going to look like. Thee 16 in do negotiation and the whole process of a ptoplc live on this rural road and all of a ridden li this new PD we entered into negotiations with the it there's going to be a subdivision built across the tl D.I.S.D. and we have entered into an agreement to 19 street and they didn't want to be looking necessarily 19 actually donate the sand to D.I.S.D. So I want to be 20 at the bock or wood fences and homes built in this 20 very clear that right now the school bas no cost 21 new subdivision. And ring the so what we've » In 21 associated with the property and they're getting an 22 our planning end design we P14 okay, we won't access 22 improved site because we're building all of Lakeview 23 traffic into your octglrborhood. We'll keep It - and, 23 Boulevard, "'to bringing all the water in, we're 24 frankly, with the requlaemerrl of Leltxvkw Boulevard 24 bringing all of the sewer in. So the school district 25 belag a major thoroughfare, it made Moro Mn to 2s had never had that happened before. That's the first Page 26 Pest 1 duct all the acau to the m4 or thoroughfare. So 1 time they've eves bad anybody give them the land and 2 In trying to accommodate the nelghbcrhoo4 wee said 2 bring all the utilities. 3 or the adjacent nelolors, we said, okay, we will 3 The Low was ralsed, do we really want to 4 In out planning and our platting we will try to 4 do wn want to have a coaflkt on Lakeview Boulevard S minImIze the traffic and not put It on those toads. S b&km residential at vehicular traffic and bus 6 So we tried to accomplish two things, The money tame 6 traffic. And they ntgaw dw they rmyjust want 7 is mWnly an Issue because we can take that money 7 to bring buss. Now, my understanding was six to 9 and put It Into Lakeview Boulevard Improvements, which 1 clot and Mark was In all the Moetings. Six to elAt 9 L a better plan to put the money than In tearing out 9 buss in the morning and six to oWd bunt in the to - it you bolted at that road picture be h4 we'd to afternoon. And they may want to bring them to the 11 be six feet o0 each side beyond where the edge of that l I back way, so that they don's hove bust and cars all 12 &VWt is right now. And to go In and build that, 12 trying to mingle at the sari plow at the same time, 13 it's going to take out all the foliage 01006 that 13 So they have requested a 60-foot easement 14 whole line. So, you know, that's just the way it 4. 14 across right throtrgh bola so they have aooeu to the 1 $ So that was the purpose of the variance was when are 11 be& I don't dd& it's been yet deaxmiocd between is waked tltrottQh the staff and we sold, bow do wit 16 the city - between David and W. Clads u to exmctly 17 socomptish what then people want and they stid, well, 17 what the w1ool's going to need and *bee they're going 11 we're going to require - our erdiuance requires that it to nod il, and what the orientation Is and how that's t9 you improve those roads. Now, we can go for a 19 going to bappen. And that', some6dog they're going i ' A' 20 variance and that's what we're here today to dlscua 20 to bave tame oooverrdons with later oar. But right r at mad this was the rocs tmeodadoa of staff as a way to 21 now these are all large IMW estate lots. I r ~ 22 kind of dal with everybody who Is 4anent to those 22 man, and,1 guess, It's ooseelvable that somebody 23 ooeoeros. 23 Dome is sad buy lbem all up and have mother 24 7be school Issue, fuel of all, let toe just 24 developmmt lbae, but c rreody, l don't WA that 1 2s If this to a better map hero, 'theta's a couple 2S that's the plan And thaw peopl - Me snore of site _ PLANNING AND ZONING APRIL 280 Page 25 Page 28 23. r CondonseIt"' Page 29 Page 31 I rural character. When we overlay it with the new I locmkx . 2 asphalt, it will look lilts a new asphalt overlayed 2 ML It MMBASCHP Right 1 understood. 3 road, and It won't be something that's wider than what 3 ant POOTEM I WA YOU ImeW, a from a a nual character road would look Mm. So IT 4 our view, freckly, given wbat we've we'" obeady s answer any other questions you may have of me. s giving them an Improved place of properly and uked us 6 M& EN081.1DRECHT: Have questions? Mr. 6 to come in and beet up the overlay if they decide 7 Powell. 7 potentially they want to briny In buses, you know, my a MR. I'OMU Yee, sir. Mr. Footlick, a attitude would be, you know. the school district rxe 9 would the school district's property front on Lakeview 9 pay for something. We've Paid for everything else a to or would it adjoin Lakeview? to ks, you know, if they want that requirement, then I I MIL FOOrMIM. Yes. I I thhavo up to the school district to deal with It. 12 MR. POWELU Thank you. I I it's not something they have to have. Tbey have ben 13 MR POOT'LICKo This Is all frontage on 13 access through Lakeview and we're spending a lot of u Lakeview that the school district and we've agreed to money to put Lakeview in. 1 i to put in a 300 foot stacking lame as part of our IS Ana. iNGrmaAwm welt, they do have the 16 construction for the schools. I' hem's a left-hand 16 ben aaoeaa, but I'm not sure the city wants that 17 turn and we'll stack 300 - is it 300 feet? 300 foot it loam tither off of Lakeview because it mdom the is stacking lane on Lakeview Boulevard. Now, if they is now of the traffic, the ate of the now of the it determine that the cost of this whale situation on 19 traffic. And the Idea of Lakeview Boulevard Is for 20 Poclms•Page is prohu'bited then they may just say, 20 the tr%Mc to flow north and south, I think, is it 21 well, then we'll just bring the bides in oft' Lakeview 21 not? 22 Boulevard. I mean, that's cc ' duly their option. 22 1An. FoMUM Yak were only tanking 23 MR. MIEU And that would be acceptable 23 six to eight buses In the morning and six to eight 24 to you? 34 buses in the afkxr100n. I don't think it's going to 25 MIL FOOTI.ICK: Yeah. 1 man, this school 2S have a btye Impact on traffic. Page 30 Page 32 I is the one that requested the potential they may want I MA ENOELBRECTrfh Yes, Mr. Donaldson. 3 to bring the buses in the back door, not us. i MIL DONALMON: Keep in mind that the 3 MEL DONALOSON: 1 think it's a desire of 3 school district won't be busing kids from this a most schools now to separate the auto traffic from the a neighborhood to that school. The buses will be used s bus traffic. S to bus children from other developments to tars 6 MIL ENOELBItECHT: Right So do you 6 scknool. SO the /eras) Impact I 7 understand what 1 was asking Mr. Salmon? It seems to 7 MR Fool IoL Ova time they estimate that s me that baud on his estiroste, if this variance was s this the preserve will almost fully build out their 9 for 569,000.00 Instead of S99,000.00, that that would 9 school. I 1o basically and there was a requirement for mother le MIL ENO"REM: Right, yeah i i two inches of overlay instead of what you're going to i I Ant. Poo'IL1dc' so they see the bus issue 12 do Instead of two make it four, then they'd be 12 probably going away or being very minimal. It's aU t I3 prepared to handle the bust. And it's bus traffic 13 being internally circulated within the preserve and itit generated by this subdivision. And vat giving that a probably wouldn't anu's' I don't even know if they're is the land was 6onsted and all those other things. But is going to even, you koow, need that ahxae. 16 that land wouldn't have been needed had it not been is MR. RISHAU I don't think we really have tt for the subdivision either, you know. I mean, on and 17 too many schools that are in that exact plan because is on it goes. IB we're gate; to change t'rose systems. But originally 19 MR. Foonlc* wel), not necessarily. You 19 the agrenmoot between your company and the City was 20 know, the school district was prepared to deal with 20 that the overlay would, In fact, be done on A, 21 the requirement for education of these and maybe in 21 Pockr s•Page and Swisher, Is that axfw* 22 some other location. 22 MR. PftOTI. ' Right. 23 MIL ENOE.BREM ON sure. 23 MR K WUL, W. C hainw. N MR. FOOTLM We woe able to make it 26 mk BNomits HTt 1dr. Powell. 25 attractive for L4em to have the school to this tS MR. POwsw if I may ooovene with you a PLANNING AND ZONING APRIL 290 19" Page 29 • NO 32 it i Coadanbltr" Pastes 33 Page 3S 1 MMML 719 Somewhat mitigates yotrr concern, doea't 1 property. 2 1% because the sebool district exerae me, this 2 Ms. API M Second 3 particular aubdiviaion to one audq the bur tratrno. 3 ML EwmAREam It's bon moved and 4 1 hadn't thatght about that 7bd'a Interacting. 4 s!sconded to recommend approval. And when you said th S These school students, I Im assuming, then, would walk 3 - with the condition recommended by stiff, that bps 6 to school or bike b ubool at whatever, but eel bus 6 written in our backup. 7 to school because they're to a close proximity or this 7 Ms. GWRDlfi: Correct When if this is to . I cahoot; Is that rasooable? a be roooeddered, V anyone coma in and takes ova the 9 ML t?traMARCtm that's tae way to look at 9 new tracts, the road will be reconsidered for props 10 it to aphalting and so forth to make sure it's reasonable I I ML Rlseet.r M M04deally, what we've t t for the traffic now. 31 soon the school district do Is try to reach some sort 12 ML PNoeuitEctm okay. Commissioners, say 11 of balance in ethnicity and so we have u" locally 13 dismusloe on the motion? Yea, Ms. Apples 14 not had just neighborhood schools became of that t4 MS. APPtJ3 t just want to ay I'll be 13 effort to try to make sure that all schools am u voting in favor of the motion and I'd lace to thank 16 demogrsphicly slmltar. l6 the developer once moo ror their cooperation. I 11 M0. FNOF,1.BREM: oat other It"oo. 17 think it's kind that you're doing what you're doing I I ML Poweur well, I don't want to touch 18 for the school district and we wish you well. 19 that one, It ML I NOELINUX T Any other cwMmeots? 1 20 MX ENGEUM.C m No. It seems to me that 20 jug want to renark. I will be voting erg h4the 21 if the school were W. there theo the buses wouldn't 2l mottoes I sea no teased to not require the additional 22 be there. 1 few, granted those students may not be 11 two Inches or overtay at this time for approximately 2) coming from that subdivision, but there would be no 23 $30,000.00. It would atilt be a coosideribie 24 scbool there if It were not for that gubdivhsiee. One 14 varlaoee. Any other discussion? Ali in favor of the 23 other question, Mr. Foottick. Now many lots or how is motion Wise year right hand. Opposed sow sign. Page 34 Per 1 many traits - 1 know you have some multi you have a I ML eNomeasctm (opposed.) 2 little oreverythloil in there. At build-out, how many 2 ML R16A8Lr (opposed) 3 units wall you have in this 1 couldn't remember 3 ML INUetBRM7frt Motion MW five to 4 from the lad time. 4 two. That lava us with from SC, which is to 5 ML POMUCX: IAN. 3 taoeider approval of the prourninary plat of rat 6 ML PNOEt9R1%31T. 1poo1 okay, ?tank you 6 1.99, Block 1, I.od 1.18, Block 2, IAU 1.22, Block 3, 7 ML POOtucx: that's all types, 7 Lots 1.22, Block 4, Lod 1.9, Block S. Lo(s 1.18, 8 townhouses, single family, everything? a Block 6, and we'll be ham for a while, lad 1.19, 9 ML ENGE A'AV-W: Yeah Okay, Alt right, 9 Block 7, lots 1-2 1, block 8, Lots 148 Including 14A, 10 Any other questions rot Mr. Footlick? ?lank you, it, 10 Block 9, I.od 1.45, Block 10, I.od 1.28, Block 11, 11 Is there anyone else present who would like to address 11 Lau I sod 2. Block 17, Ind 1 sell 2, Block 18, Lot 1, 32 this tm*7 Anyone else present wbo would Bite to 12 Block 19, Lad 1.7, Block 20, lot 1, Block 21, Lou 1 s 13 addtea this brae? In that can W. Satmoo, any 13 and 2, block 22 - r'm lasing my place, And Lot 1, 14 o dzr rural remarks? Commbdooers? 14 Block 23 of the preserve at Pawn Crack Addition PL.ase is MS, o0tMM rd tike to make a motion 1s 1. 1& Reed has the staff report 16 ML PNOUARM9. All right ML Oo"o. 16 ML 1tEm 7bank you, Chalrmm Egelbeecht 37 Ms. GOURDM I move that wa recommend to 17 sod Cmamlaloo. We am Familiar with the pratlnlnary i to the City Council that partial variances or sections 18 pfd that VI e'to bone to approver tonight alone you bave i l9 34.1 t4, Section S and 17 be granted for the preserve 19 just rmomAmendad approval of the variance. And with 20 AS proposed by tier Applicant and recommended by staff 20 that I'll get to at atggeated - or doe I A r r 21 with the condition recommended by staff as the cost of it racommeodadoe. 7W teoommendatlao Is to approve the r' 22 eeooestructing Pocknw-Page and SwLL%w Roads to the 11 Pit esatingent upon City Council I approval of the 13 City of Deolm standards and ooeJwalol sidewalks 23 varisoca for which you've recommended approval. Ali , 24 aeroa the frontage of Tracts A. A F. Q and L on 14 I've made the motion, the chart vendee I did 25 those roads wound exceed say taasonabb btotflt to do 23 coodder wordiest site motion the an way In *Net the PLANNING AND ZONING APRIL 28, Pasta 33 • Pasta 3b 25. _ Condoneelt"' t Par: 37 Pare 19 I agenda includes all the lots and blocks, so I hope you I MR KM W Don't you have drat men1060e0 2 at kart appreciate the motion is shorter than the 2 Ma. PNomRECerf: you'd think. To some a 3 description. 2 extmL With regard to our public hear(ne:6 first 4 MFL ENOELBRECHT: Any questions for W. 4 Wag. the Cbak will open the public bearing. s Recd? s second, do staff will road the peddon and give its 6 MR PowEiL: Mr. Reed, it's saro to assume 6 report and make a staff ro ommendation. And follovdng 7 that this plat meets all the specifications? 7 that which b Item $ on de screen, Mtloer will be IS m& REED: Yes, it does, outside of the two a granted ten minutes to speak and at that time we'II 9 vadancea. 9 ask persons who are in favor of the petition to speak. 10 MR. POWELL: Thank you. 10 Following that, number S, persons in opposidon Kill I I MM ENOELBREOM Any other questions for I 1 each be gnntO an opportunity to speak. And if we 13 Mr. Reed? is there anyone present who would like to 12 have persons in opposldm, then the Peddona will 13 address this issue? Anyone present who would like to 13 be allowed five minutes to speak in rebuttal. 14 address this issue? If you would, again, give us your 14 Following that, number 7,1 will close the is name and business address. IS public hewing. The staff will present its final 16 miL PooTuct(: Mark Foodkic with the 16 remarks, the Commission will discuss the petition, and 17 Preserve. We're present to address any questions that 17 make it's recommcndadon. And a couple of note or 18 you may have. Is avests, if you will, any speaker may be allowed 19 MR ENOELDRECH7: Commissioners, any 19 additional time to speak by a vote of throe membm of 20 questions? There's not. Thank you, air. 20 the conrnlssion. We would ask each speaker to rooter 21 MR. POWELL.. Mr, Chairman, I'm ready to 21 him or herself with presenting new information not 22 move on aids Issue If it's timely. 22 gives by previous speakers, And, finally, j 23 MIL ENOELBRECHT: Yes. Mr. Powell. 21 Commissioners may at any time ask questions of anyone 24 MR. POWELL: I move to approve the 24 and all on the staff at any time and may 4oum to 25 preliminary plat of the Preserve of the Perm Creek 2s closed session as allowed by Law. All tight. Having Page 38 Page 40 1 Addition Phase 1, contingent upon approval of the 1 covered our procedure, In that see. I will open the 2 veriances from parameter street improvements and 2 public hearing with regard to number 6. Ms, Nilssen, 3 sidcwatks by City Council. 3 if you would please give us the off reporL 4 Ms. AptLE: swind. 4 Ms. m sEN: Good evening, Mr. Chair and s MA tYr.F.LaPxr.HT: it's been moved and s Comndsiooers. As mentioned, this Is a nine acre 6 seconded to recommend approval based on the approval 6 piece of property. It is Located south of Hobson lane 7 of the variance of City Council. Any d'iscosslot on 7 approximately 900 feet east of Country Club Read, The 8 the motion? In that can all In favor raise your a proposed use is for Asricudtunl and actually a 9 right hand. Opposed sane rigs. 9 probable two-single family residential lots. This 1 10 MR R1aHEL (Opposed.) 10 property has a Ions history of its zoning, Currently I 1 MR MELBREM1. (opposed,) l l it Is in a ►D1o4 rooms district. That PD allows for 12 Motion carries five to two. Thal moves us 12 M single family residential lots with a minimum lot l7 to the public hewing walon of our mating this 13 area of 4,800 square feel and a maximum lot coverage 14 evening. And we have two items. First Is Item 6 on 14 of SS percent equaling a density of 138 dwelling I I the Agcnds, hold a public hearing and consider making is units per acre. The applicant has indicated that it 16 a recorr ncodation to the City Council concerning the 16 Is being used for agricultural use. They intend to 17 remaLng of nine acres from planted development to an 17 use it as that for the prom% and they am In the I a agricultural district. The property is legally Is peones actually the two Lots 1I mod 14 bs been 1 r 19 described as nine acres is the T•Martin Survey 19 preliminary platted and the applicants have indicated A, r 20 A-900. It's located in the south side of Hobson Lane 20 to me that they will And plat those lots out of a N 21 approximately 900 fat east of Country Club Road. The 21 largo prellminuy plat that Is actually to the south 23 proposal [Ito allow form agricultural use. Ms. 22 of their property. 33 Nilsen will provide a with a staff report Dot 21 This to the configuration of the soniry 24 before she does, I would like to review with those N that it Is to right now. to the comprehensive plan 27 present our polkia for public bearings. 35 "n vls of this site, the 1918 Denton Development PLANNING AND ZONMO APRIL A 1999 Page 37.- Page 40 26. i~ 1 , I.r►IoNAr.~ Lei,. 1 J ~1 n' r i li: 1, h y 7 f f xpr~ J Lakeview Elemenfar School Denfon I.S/D. We Plan I t AGENDA INFORMATION SHEET Agenda No. 94, 0416 Agenda Rem so 10 t ea 7,1J.49 AGENDA DATEt July 13, 1999 DEPARTMENT: Planning & Development ACSI: Dave Hill, 349.7233 SUBJECT Consider and take action on appeal of Tim Beaty, Phillip Strange, and TNT Properties, the owners and developers of a proposed multi-family project to be located at the corner of Ross and Carroll Boulevard within the City of Denton, Texas, known as the Alexa Lynn Beaty Addition, for both an appeal and exception to be relieved of the prnvisions of Resolution No. R-22-022, as amended, which places a moratorium on multi-family housing, under Sections VI and VII of the resolution. BACKGROUND Tim Beaty, Phillip Strange, and TNT Properties, of Denton, Texas, have submitted the attached request for an appeal and exception to the multi-family development moratorium that has suspended the processing of a plat application to allow the development of a multi-family residential project located along Carroll Boulevard, north of Ross. The property is not currently platted and must be platted prior to issuance or a building permit. The property Is zoned Multi-Family Residential (MF-1). The Development Review Committee on May 20, 1999, accepted the preliminary and final plats and forwarded them to the Planning and Zoning Commission for approval. I I OPTIONS j Council options include approval, postponement, or denial of the request for appeal or exception. If approved, the applicant will be allowed to resume the zoning process for the application, which will I t%entually culminate w9th City Council review and action. If denied, the maximum delay caused by the multi-family moratorium would extend to October 2, 1999. RF ONIDIENDATION Staff recommends approval of the appeal and exception request. The request for appeal and exception cites the depriving of a vested property right and economically viable use of their land. I ESTINIATCQ SCHEDULE OF PROJECT if the appeal or exception request is approved, the plat application process will resume. The fI. f; r preliminary and final plats will be scheduled for Planning and Zoning Commission action on July 28, J 1999, if the appeal or exception is granted. u ' PRIOR ACTIO~i /REVIEW (Council, Boards, Commissions) d This is the first request for relief from the multifamily residential moratorium related to this property. FISCAL INFORMATION The attached appeal and exception request cites the economic hardship of delay resulting from the moratorium. ATTACHMENTS 1. Tim Beaty, et al, Appeal and Exception Request : R rctfully~submWed Mark Donaldson Assistant Director, Planning and Development i R a 2. I ' Jun 25 88 65r67P P.2 June 25,19M TwBE` ff - 010- 0 City of Denton Planning and Development Departmurd City Hell Wool 221 N, Elm Donlon, Texas 78201 Ra: Alexa Lynn (Beaty AdMon I We are writing thle letter on behalf of the owners, Tim Booty. Phillip SU"e, and TNT Properties, In regards to the resolution adopting limitations on acceptance and prncesoing of applications for estab islunents of multiple-family dwellings. We appeal for relief to itho City Council and to the City Attorney as the above resolution deprives the ovviKars of e vetted property right and deprives the amerslapplIcents of all oeoromically viable use of their land. The subjeot property located at the ckww of Ross and Carroll Boulevard fa currently unplstted. The owners have been In contact with the City Planning Department and the Building Inspection Department oonoeming development or this larxi since January 28, 1999. A pre-design conference was Mid on that date concerning the developmerd of this property. All Departments werepresent and commented on the proposed multi{amity dwellings. The owners were given irlmnatlon and Schedules concerning DRC and Planning and Zoning meetings and deadlines. Al comments were addressed from DRC and all deadlines were rnet for Planning and Zoning. Our Surveyor received notice on June 2, that the project would be placed on hold. The owners have already received funding from their bank In the amamt of 1.8 million, and are currently paying Interest on a portion of that money which was used to purchase the property. The property was purollesed aRer the pro-design conference was attended and the ovwwe felt reasonatAy oomfortable with the comments received from all departments concerning Platting, Flaming, Zoning and Development of the land. Our, enUy the owners have Invested monies In the purchase of tM properly, the purchase of the ConstnxAlon Plans, Surrey work pertaining to plotting and engineering work as roWlred b} the city for public Improvements. A delay of this project will Cott% financial dlikomlbd to the owners. 1 r, rro. BbX 68 i c~ t Jun 25 e8 05107r t+43 The above project in no way *p rdizes the City a healtlh, safety or general we.lare, In eontrastl the P(GOd will anha"the Kea. The PmPoSod four-plett bundings will be tendscaPW aooording to Cfly ordirnnoee, oidev~lks w111 be added to bents! the pedestrians In fire area and ft Poposed projed Wit b&V an overall upgrade of its surrounding we. The following deaftm were mat: March 1, 1999 Title Survey prepared for TNN Rssouroes March 31, 1999 Submitted Preliminary Mat Apn'I 8, 1999 DAC. Meeting May 12, 1909 Submitted Preliminary and Final Plat may 2o, 1990 o.R.C, Meeting The owners ask that you appeal your dsdslon and of* th m to continua to dosign oonfarenoeooomm m, by a anglrleste w Is a fOf p a^d zoning. Thank you, Yolanda Welbom YW:cg j i i 1 46 Jun 25 99 M OI?p p • 4 v Predesign Comments Dovalopmont RevfQW Commlttee Meeting Date: Janus 28, 1999 Project Name: Alexa Lynn Addition Acreage: 1+194 acres Number of Lots: Residential •`6 Nonrosidential Total 5 Proposed Use: Multifamily-5 fourploxes equaling 20 units. Development Review Committee Representatives: Kg hryn Nilc,on will be your trio manager for your project. if you have any questions you may contact her at the phone number below. If you should have questions regarding other issues, feel free to contact the approprlalo department, Planning and Denlopmont Kathryn Nilsson (940) 349.9350 Water Utilities Muhammad Ayub - (940) 349.7191 Fire John Gillette (040) 349-8159 Electric Don McLaughlin (940) 349-7119 Ingineering and Tren~,portation • David Salmon (040) 349.8358 Environmental • June Smith (040) 349-8505 pales a Recreation • Ed Hodney (940) 349-8271 Economic Development • Lori Shelton (940) 349-8305 Denton ISD • Todd Parson - (940) 387.0151, ext, 220 xu r1 >aXlzt~ngCorfditb ; ,fir r.~, it r;r ; + y L ~~i,` ~rtir~ • _ , ' y~ f~Vd~bi at~ 9rrq blvd}~r 1 6 x~ `~r y _t~;' y 1 kl ~a~ se r tt •P rr~~ yS 71?v'' 6 1~rltSi ~1 ,,4lle I rJr N 4 S + 'tety~ 50~, • ILj v~~ r~F'Y fin, ~{f~l:k ~tiu ` 1 ~^tfi Y Sr rE rr1 k'~r~, •~I, T i rl in II T ~~PtPlc~ &Rac r:3rrt a {~'a ,r . ~ ~ ti,~ 4 ,'a~~~,;;~I (~,•A1~~111+9 w~?'±F?' t tl.+k'+.r rltl ~ mihr~~) z,~~~ i _ tt~~t` ~„~'r~5+~ r ,fir rrirname FoMed 70191 W8 t . c; I I Jun 25 99 0680ep p,9 da* n conference is to Blow the,appllewd and the Dwelopmrnt PREDE>S1GN The pins of the Rovlew Cominit#N to rgviivv and es the pro~or!sd devilo"K toi" det ni+lq'ation of what lnfoirnation and atudIM'nmy be rrgGtred to bit au Mod during the zoning;tldlor Oef ing procedures, and to romW or oicchangs algl Ww Information of take arty other action ilerAaary to facllltate processing of the plat apptkstion. Each appnoant shall submit a ak*tch plan of the proposed.tWvoWPrnent, ato" with a vkinity map , showing the location of the prop y+ Each.sketch plan shall show the "fig: t) Dvvel*nent name, north arrow, end date; Deparfrnwrt ✓ 0 Comrnertfs ~I~ Planning X No date. 2) The size, shape, type and ptr, slool ktcation of the devslopmarrt; Doporaymm ✓ 0 ~r Gkrrmsrrle Planning X _ 3) The number and atze of proposed lots and bv3dhVs. _ DepalhnNll ✓ 0 ~r Cemmenks ~ Planning X Actual size r+a1 e?OHm. 4) The proposed streets and street ecom; , Deparfrnerrf ✓ 0 t:onrm~rrta Engineering X 1 5) Existing drainage facM{tiss and general topographical Informeticn; Daperb"nf ✓ 0 Commenb Plsnnlnq a Ew rnsering x &w Commarrts. Rev! IWM nNeem. ` tit r, c, Jun 25 ee M osp P.e 6) fomr:,ants oonoeming regulallons by the department; WMer UuIld" Department Review: ALEXA LYNA DDR11 Prades(Ln rile: 2696 Date: January 28, 1999 General Requirements: a) Sec. 34.119 Water Utility Standard. Basic Policy. Sub-Division Rules and Regulations. b) Sec. 34-119 Sewer Utility Standard. Basic Policy: Sub-Division RUI63 and Regulations. c) All water and wastewater Ilnee shown on the City of I)enton utility maps are In accordance with the best information and are believed to be true and correct. However, the City does not guarantee the enact accuracy of each line size or relative location. d) Water and sewer asn/loss are required for each platted lot e) All developments pipHad after September 30. 1098 will be subject to waterlwastewater Impact fees. f) Need to provide WaterAVestewoter Engineering Division with a digital copy of approved Final Plat. Existing 6 Inch water line on Carroll Blvd A8 e) Existing 6 Inch gravity sanitary sewer flowing south nn Carroll Blvd, b) Existing 101noh gravity sanitary sewer dowing south on Carroll Blvd. FIRE HYQRANT Existing lire hydrant approximately 250 feet north of the Interauctlon of Ross and Carroll Blvd, DRAINAGE STUDY C Will need to submit drainage study along with the Preliminary Plat. Fire Department AI- xTyrn Addition ProdesIgn Required Public Improvements , 1. Fire' ydrante must be Installed along publlc stresti. Spacing can not exceed 300 feet apart for commercial development, Building Constructlon Comments: rho*" 7. N4 d 1a31r01 l? Jun 25 99 05i09p p.7 1, The building must be provided with an approved automatic sprinklers system when the building construction exceeds 7,600 square feet of combustible construction or 10,000 square feet of non-oombuahble c*nstru:0on. Plans must be submitted to the fire department for review prior to Installation of the system. The fire department connection to the systom must be within 60 !set of the firA lane per the tire code. 2. Fire lane must be provided for all rvw construction the fire lane must be at least 20 feet wide within 100 feet of all exterior walls of the structure. The fuming radius for the fire lane is 35 feet inner radius and 67 feet exterior radius. The fire tone must bo strlppod with two 61nch red stripping,Mth 4 Inch white lettering "FIRE LANE NO PARKING' every 20 fart on the stripping. An 8.114 Inch X 114nch diagram of the fire lane must be submitted for review. 3. Fire alarm system can be required based upon additional information. Plans must be submitted for review prior to installation. 4. Fire extinguishers must be installed In accordance with the fire code. 5. feAn on-she fire et from a public water main. The spacing of the fire hydrants on-she can not exceed 300 feet apart. 0. Additional fire code roqulremente can be required based on additional Information. Electric Department See Comment Sheet. Snvironmeohi Department I tengineeuing andTretaportsution Department Prsde:;lgn Comment 1. It appears from the survey that the land in question dots not match tht original document that created the FryAdd; rinn In t 905. AU lots affected need to be replatted. This may include property not owned by the applicant. 2, This pottlan of Carroll Blvd. Is clasel(led as a wlicctor street on the Deaton Mobility plan. This road has the required minimum right-of way of sixty feet alresdy in piece, 3. Driveway issues: Driveways trust be taken from the lesser-ciusilled stmt, which In this case is Rube, St„ Driveways must be a minimum of fLRy feet from the intersection of the right-of--wry lines where Carroll and Ross intersect. Any ntlsting curb cuts will have Lobe closed off with curb attd gutter. 4. AA the use of this land is changing from single family to mul6farnity, sidewaUa will be required along 1 r , Ml street frontages. i A, Ronuirod Public lMprwaments - The following public Improvements will bt required to support the proposed development, 6. RevUod 1IN71r9a Jun 25 88 05rGep P.8 a 1. Sidewalk on all street frontages. 2. Curbs closing old drive approaches. Parks and Recr*W;l Department Alexa Lynn Addition - Pre es gn The Park Oadloatlon Ordinance (98439) Is Intended to provide recreallortal areas In the form of neighborhood parks as a function of subdivision development In the City of Denton. There are two distinct components to thle ordinance e4lscting residential subdivisions of five (5) lots or more - park land dedication and perk development foes, NvS 1. Park Land Dedication Platting Proms land dedication for park facilities shall be Imposed at the time of preliminary plat approval In the following manner. A. (2,5 nark acres x 20 multi-family lots x 18 oersons oar lotl a 0.09 park acres 1,000 PRELIMINARY ESTIMATE - TOTAL PARK ACRES w 0.02 PARK ACRES NOTE: , • Because the acreage falls below the minimum 5 acxe requirement, fees In Ileu of park lend dedkatiort are required. The developer Is required to pay the fees at time of release of the final plat. A contract copy or appraisal must be submitted to the Parks and Rmeatlon Department In order to determine the fee required, 2, Park Development arses LiulW= Permit Staoa Park development fees for residential building permits shall be calculated In the following manner: A. 20 multi-family lots x $187 por lot w $3,740 PRELIMINARY ESTIMATE TOTAL PARK DEVELOPMENT FEES - $3,740 Planning ` l r Platting Issues I All lots affected need to be replatted. Must adhero to all arse, he hi and dons requirements for fdF- Zonina. 9 • KwAW *211% rornun~ J ) 0010 i Jun 25 88 05108P P.0 i Landscaping The L andscapo Coda will apply to thk devslopn►erft Of4b"t Parking Mwt adhere to Vah{cle Par{d F1 utstlorn for M;Abft* DNroKi { ' I I i ~ I r` 10. R..1we tontltl abr4m~ a Jun 25 98 OSn08p P.10 Denton Municipal Electric Development Review Committee January 28,1999 Predesign - Aleu Lynn Addition Location - E side of Carroll at Ross Street 10 -1077 Acres -1.194 Lots - i Description: Proposal Is S, four-piexcs Reviewer: Donald L. htcLaugltlin (910)149-7119 or dlmclaugQieec.M1 Request for Digital File of Site Plan Elar;tric FuShtooring staff request as AutoCAD DWG rile or DXF file of the site plan to prepare electric system IayouL Electric Engineering is eurready using AutoCAD Rc1cm 14. Please send files, to dlmcla lg(alee Lgrn for electric utility layout. Electric Equipment Locations The City wi II work with you to decide where to put electric utility equipment to serve the devetopmew. Easements glectric request the following easements v , , : SI c!ght feet where the building line is twenty-five feet or larger t 5 five toot where the building line h less then twenty-five feet I i a easementfortnrufori"tsites t ~ 1e' i, i Typical Electric Vries Comments 7fe Castmer 4 Responsible for The Following I a ♦ Secondary conduits and coadc-tors 1 ♦ Surveying is heeded for City construction ♦ Installation of metering provision ♦ Coorilhutlon with City ElacuI@ Metering Dopartment (440) )49-7173 ♦ Coordination with city electric crews and electric engineering sl►ff ♦ Proper permitting from building inspection \ ♦ Account with customer service The City to reopos lible far the following ♦ Providing eloctrk meter base ♦ Installing tnasformer, primary conduit, and primary cable ♦ All bumtrudoo's in the utiWormet The My will make f bnal comments who the cwioew submiu building plaom Coordination Developers need to coordinate with the City on his construction schedule. The City most Install crossin ft before developer paves streets. The City must use Its equipment and people eiticlentlyr, which; it cannot do t , without coordination with developers. Electric Marketing Program ✓ The City often art Incentive program to regletered "ELroiiiyS Ave" bulldare. incentives era offered for following guidelines that promote energy efficient structures and Installation of energy efficient HVAC equipment. Contact Bill 8unselmeyeq MiAetlq Specidist, at (940) 349.7326 for more information on the EnergySave Pregnant. 11. . c j III I ! i Jun 29 98 llolla t.l • i d~Ae~1 199 P AWN TTIMOE 'Y' Fax Cover Sheet i DATC.>~11~°~ _ TO: C~'.1a d \ t~~~ ► MI6Nl COMFANY: Y FAX: 47a6 -ICA2.; FROM: -Yolanda VIM MOM (MI 387.9275 PA)L(8401 382.84x1 CC: Number of pepeC (n ia" COwf Wmet [ _ Mauve i7eu*,esk cw.S•Ey S ci n~ x 2 ~olrs~..r• i . .s&r", 1, vw.llss ~ . P.QBOX de x~ DENTON, TEXAS fd1C1 .t~ .:..1r • v`b v (940) 387.3173 CAW M4At %ill.eul 12. ti I i I i I I I I I I AGfNDAINFORMATION SHF.ET Agenda Rem Date AGENDA DATE: July 13, 1999 DEPARTMENT: Planning & Development ACM: Dave Hill, 349.7233 e SEC T Consider and take action on appeal of Windjammer, LTD, the owners and developers of a proposed multi-family project to be located generally at Wind River Lane and Interstate 35E within the City of Dcnlon, Texas, for both an appeal and exception to be relieved of the provisions of Resolution No. R- 22.012, as amended, which places a moratorium on multi-family housing, under Sections VI and VII of the resolution. I BACKGROUND Windjammer, LTD, of Denton, Texas, has ribmitted the attached request for an appeal and exception to the multi-family development moratorium that has suspended the procession of a zoning application for a planned development zoning district'developmeni plan' that includes an area proposed for multi- family residential development. A'development plan' is a step toward completing the zoning process within a planned development zoning district. The property is not platted. Rig,lt-of way for extension of Wind River Lane through the property was granted by separate instrument. OPTIONS ' Council options include approval, postponement, er denial of the request for appeal or exception. If approved, the applicant will be allowed to resume the zoning process for the application, which will eventually culminate with City Council review and sedon. If denied, the maximum delay caused by the multi-family moratorium would extend to October 2,1999. RECOMMENDATIQ~ Staff recommends approval of the appeal and exception request. The application proposes to develop 'market' multi-family residential housing; it will not include separate laasing of bedrooms contained In a single dwelling unit. I ESTIMATED SCHEDULE OF PROJECT It the appeal or exception request Is approved, the application review process will resume, The As petition for rezoning will be scheduled for Planning and Zoning Commission review up,m proper notification of the required public hearing, no earlier than July 18, 1999, if the appeal or e.ception is granted. r Z, i tI PRIOR ACTION t REVIEW (CoarciL Boards. Commlasloas} This :r the first request for relief from the muiti•family residential moratorium related to the Windjammer, LTD, property, )SAL INFORMATION The attached appeal and exception request cites the economic hardsnip of delay resulting from the moratorium. ATTACHMENTS 1. Windjammer, LTD, Appeal and Exception Request Res tfully submitted: Ir 14 i ivi' do w. Mark Donaldson Assistant Director, Planning and Development i A~'., n I 'z h i4 PADnr t-EPIT014 City 9i13d77121 d7-al-!! alyd7p l,a7 1'?Inn ~rvc, HUGHES & LucE.tt.. I,:1~,, lpu. rJ:ol June 29, 1999 tinwn Uua, th,d n',iTF.r 111: 030.!761 ,l u, u n Shu1MR+,~ulFgtncr con VIA HAND DELMRY Mfr. Herbert L. Prouty and Ms. Jennifer Walters City Hall 21 S F. Mcritutey Dcuton. Texas 76201 Re; Application for Planned District Developltwilt • Windjanuner, LTD. Dear Mr. Prouty and %ts. Walters: We represent Windjurinw. LTD., the developer of a proposed muhi•funily dovlop..-M and owner of the property located generally at WindRiver Lane and Interstate 35 in Denton" Texas. On the morning of June 1, 1999, Windjammer filed an Application N Planned Dvelopment District (the "Application") with the Denton Plalming and Development Department. The Application requesW approval of a development plan fat PD-N►, a plumed development with an appmved concept plan that includes an area Inoposed for luulti-family residential development, On luny 1999, Windjammer receivrd an undated notice from Mark Donaldson, Assistant Director of else Planning aM Development Depannent, informing Windjammer that, in fight of the multi-family moratorium enacted on the evening of June I, 1999, the Plawing and Development Staff could riot process the Application "in any way." The purpose of this latter is twofold: (i) to tegttest relief from the multi-family moratorium as a violation of the "Vesting Statute" codified at Subtitle C, Title 7, Chapter 245 of the 7cras Local Govettunent Code; and (ii) in the alternative, to request that the City Council grant Windjammer an exception to the moraturium. Ito A, /~J^yfU~jN 330 19199999, A I.. If,...,d1,.t,,.t.......,aP k,'u J„sl~-~~li.i 0.".1- %M ail/~l,arul~rol 3. r i i r FROM 1 eENiOfI [II? PT10►Nt1' FAM Va.1 94130219213 17-N -99 99119p P,11 HUGHES & Lu E, L,L.P. June'29,1999 Page 2 1. Ming t'lrapter 245 provides, in part: Sec. .14!;.00t (I) 'Permit" means , AIVproval, nt oar fern of authorization required by law, rule, regWation, order, or ordirmjet that a ersgpmust obtain (q perfonn an anion of ]nidate, continue, or aanplc-le a project for which the r`erln is jQyjhL (3) "Project" means an endesvor over which a to gulutory agency exerts its jurisdiction and for which one or more permits are r quirrd to initiate, continue, or complete the em-Leavor. (4) " Vegulatory Agency" means the governing body of a political subdivision acting in its calsacity of ptocessing, aptirovintz, or issuing a perrak Sec. 245.002 (a) Eah regulatory agency shall considct the approval, disapptorttl, or conditional approval of M, Arplication for it cennit 304131 on the 'r of airy omen, regidations, 434ip ow. rides. eypiration dates. or othrr property adopted re,~uirernents it effect at the tuWAT n inal a ligbon for die ycrn i i led. (l)t If a series of mmiils is reaujred for a oroiat, the ordinances [end[ rules or other ploprtly adopted requnrments ire effect at the dmc the on 1 application for th, firsl rermit in that series is filed shall be the sole basis for conaidetalion of all subsequent permits required for the completion of the project All permits required fn: the project are considered a single series of pcrutits. Sec. 245.003. APPLICABILITY OF CHAPTER. This chapter applies only to a project in progress vim oreommeneed • ter September 1, 1997, The Veering Statute makes it clear dut when an application Is riled in furthirrmet of a "project', the "tegulatory agcnev" from which the "prnnit" is xlught moat look only to the laws, rules and ordinances in effect at the time the application is filed. When the ptojecl requires a t, series of permits, the lanz, nmles wed ordinances in effect at llic time the original application is filed dovenms the ratite iollnoval Inocess until completion of the project. 9 :'MO 01149 11145130 1 4. f . c, rPOd1 DENTON C11V A1t0►NEV 114M 110,1 9443017925 07-91-f9 e9167A P.e9 HUGHLS & LUCE., LL.P. 4 June 29.1999 Page 3 Windjammer filed its Application for a "permit" on the fnominn of June 1, 19". The Application is the first In a s. rics of applications and requests for which Windjammer will nerd the City of Deaton's approval in order to "initiate. continue, land) complete its project". At the time Windjammer filed the Application there was no moratorium in effect the Denton nimaturiuut was not enacted until the evenin of Tune 1, 1499. Therefcre, since no motaltodunl was in effect at the time Windjammer filed its applicatimt The City must process the Application and all subsequent applications and requests without regard to the moratorium. By refusing to process Windjlunmer's Application, the City of Denton has siolated the Vesting Statute and must immediately reinstate the Application or fact legal recourse. 3. Request fox Excepticm As an alternative to the for. going, and without limiting its rights to pursue any available legal recourse against the City of Denton, Windjammer hereby tequests an exception to the multi-family moratothutr. In support of this request. and on hchalf of Windjammer, %t hereby represent to the City of Denton, the following: (a) The multi-family development proposed by Windjammer is not intended to include, and will not be subject to, separate leasing of tedruunts cunudued in a single dwelling unit. (b) The existence of the proposed tnulti-fatuily unit has been previously approved by the City of Denton pursuant to PD -20. Therefore, the existence of a multi- family dwelling does not jeopardize the City's interest in preventing the improper location or density of such use. (cl Win3jammet will ! • substantially disadvantaged by the delay in lnocessing the proposed applieati, n- Including. but nut limited to, the following damage: lit The loss of a contract for the sale of a portion of the property coveted by the planned district; and (iil th, loss of income due t) its Inability to rnove forward on the development of the entire planned district, nut just the ptuld-foWy portion. (d) As a ptr%iously approved planned disIA" the effect of the proposed !/1 multi-family dwelling on the surrounding neighborhood has already been cottstdcred arld t. approved, 1 9l:oou9ufsalnly 91 5. 1 • c. FROM VINTON CITY ATTORNEY fa% N0.1 9403827123 fr-ft-ff 498-9tR U HUGHES SQL LUCE, t t.r. June 29, 1999 Page 4 (e) Tbete k, or will be, adequate %%Ter, wmte%%wff, roadways and drainage facilities to snve the propowd etvelopment. Please place this regwet on the next available docket so that it can be eowldeted by the City Council within the mgWA 20 day period. 1 look forward to heating front ) ou and Vora earliest tonveu(ence. Very truly yours, M%1& A. Shupe CC Robert Sbekon (6t factimiIt • (940) 380-1187) I i i i t (try ~ J +a2ooa.e~4vgattsuf,o~ i I 6. cAGEN' 'A INFORMATION SHEET Apeade Na _49. o.L fp Agenda Not * I.~ Date 1 • +.a - sa AGENDA DATE: July 13,190 DEPARTMENT: Planning & Development ACM: Dave Hill, 349-7233 SUBJECT Consider and take action on an exception request of Mesa Design Group, on behalf of the owners and developers of a proposed Planned Development Concept Plan amendment intended to contain multi- family housing to be located generally on the west side of Bonnie Brae, north from the intersection of Windsor Drive, extending to Highway 77, within the City of Denton, Texas, for an exception to be relieved of Phe provisions of Resolution No. R-22-022, as amended, which places a moratorium on multi-family housing, under Section VII, subsection 2, item 2, of the resolution. i F BACKGROUND Mesa Design Croup, on behalf of the owners and developers of a proposed Planned Development intended to contain multi-family housing to be located generally on the west side of Bonnie Brae, north from the intersection of Windsor Drive, extending to Highway 77, within the City, has submitted the attached request for an exception to the multi-family development moratorium that has suspended the procession of a zoning application for a planned development 'concept plan' amendment that includes an area proposed for multi-family residential development. A'concept plan' is a step toward completing the zo:iing process within a planned development zoning district. The property is not platted. The property is zoned PD-IIS and needs approval of 'detailed plans' consistent with an approved concept plan prior to any developmet,t. OPTIONS Council options include opproval, postponement, or denial of the exception request. If approved, the 1 applicant will be allowed to resume the zoning process for the application, which will eventually culminate with City Council review and action. If denied, the maximum delay caused by the multi- family moratorium would extend to October 2, 1999. RECOMMENDATION Staff recommends approval of the exception request. The exception request proposes that "multi- family parcels of PD- I 15 will not be allowed to have dwellings that are subject to separate leasing of bedrooms contained in a single dwelling unit." i ESTIMATED CHEDVLE OF PROJEi T If the exception request is approved, the application review process will resume. The petition for zoning amendment will be scheduled for Planning and Zoning Commission review upon proper notification of the required public hearing, no earlier than July 28, 1999, if the appeal or exception is granted. 1. I if i PR1OR ACTION 1 Rcy1 W This is the fvst request for relief from the multifamily residential moratorium rctated to the Mesa Design Group property, FISCAL. ffDILHAIMI None ATTACHmms 1. Mesa Design Group, Exception Request l Res /fully submitted: 6~ I t l r f J. ~a f.li,r•.- Mark Donaldson Assistant Director, Planning and Development r(At1 t 1. ` fe fr MESA w DESIGN GROUP June 10, 1999 Mayor and City Council, City of Denton i C/O City Secretary City Hall 215 E. McKinn ' Denton, Texas ' t., Project: PD-115, Smlth Tt.: Dcar Sirs: We are submitting this letter as a request for an exception to the recently passed resolution No. R99-022. Currently, we are in the process of having neighborhood meetings concerning the existing PD- 115. We would like to amend this PD, and submit it to the city for review. The multi-family parcels of MI 15 will not be allowed to have dwellings that are subject to separate leasing of bedrooms contained in a single dwelling unit. Therefore, we ask City Council to consider this exception in accordance with section VII, subse.tion 2, item 2 ofresolution R"-022. We look forward to the opportunity to discuss this request for an exception at the next available City Council hearing. If you have any questions concerning this request for PD-113, please feel free contact me at (214) 871.0568. Sincerely, E ESA Desi Gro , Salvador Impastato i I Cc, Cary Cobb, hdermandeco, Inc. Stark Donaldson, City of Denton Larry Reichhart,City orDenton 1 f-Ar Jr E:449 PROJECTStft9 MSmilh Tract',Correspondence'Jelte6ll.doc Landscape Architecture 31 D" UcKinnan Street ! r i 4 905 LB 151! DafiaE, Tnas 75201 2unn uae ru2lfren-1502 3. U 1. AGENDA INFORMATION SHEET kwdshla~qq hemp' s Cho AGENDA DATE: July 13, 1999 DEPARTMENT: Planning & Development ACM: Dave Hill, 349-7233 SUBJECT Consider and take action on an exception request by Jack Bell Companies, Inc,, the owner and developer of a proposed multi-family project to be located on Lots i3 and 14, Block A, Stmvalley Addition, within the City of Denton, rexas, for an exception to be relieved of the provisions of Resolution No, R-22-022, as amended, which places a moratorium on multi-family housing, under Sections VI and VII of the resolution. BACKGROUND Jack Bell Companies, Inc., of Denton, Texas, has submitted the attached request for an exception to the ! multi-family development moratorium that has suspended the processing of a building permit application for a multi-family project proposed for Lots 13 and 14, Block A, of the Sunvalley Addition f in north Denton. 'Luxury family living that will not be leased to students per bedroom' is proposed. The property is zoned Multi-Family Residential (MF-1). OPTIONS ! Council options in.lude approval, postponement, or denial of the request for exception. If approved, the applicant will be allowed to resume the application process for a building permit. RECOMMENDATION Staff recommends approval of the exception request. The application proposes to derelop 'market' multifamily residential housing that will net be leased by the bedroom. ESTIMATED, ,SCHEDULE OF PROJECT If the exception request is approved, the building permit application review process will resume. PRIOR ACTION I REVIEW (CouncH. Boards. Mmissionsl This is the first request for relief from the multi-family residential moratorium related to this property, FISCAL INFORMATION The attached appeal and exception request cites the hardship caused by the moratorium by depriving economically viable use of the land ATTACHMENT$ 1. Jack Bell Companies, Inc., Appeal and Exception Request a , Res tfullysubmittet: t I Mark Donaldson Assistant Director, Planning and Development I. c. JACK BELL COMPANIES, INC. 521 E. WINDSOR DENTON. TEXAS 76201 (817) 382-6611 FAX (817) 382.0190 July 7, 1999 City of Denton Offices of the City Attorney and City Secretary 215 E, McK;nney Denton, Texas 76201 Re: lots 13 and 14 Block A Sunvalley Addition I have been denied a permit for a 40-unit apartment complex due to the moratorium. The proposed project is designed for luxury family living and Will not be [eased to students per bedroom, I have been working with the city staff on the proposed project for several months but could not complete plans prior to the moratorium gc ng into effect. I am requc-Oing a permit to be approved so 1 can start construction this summer based on the following Section VI of the Resolution - Deprives me of economically viable use of the land. Section VII of the Resolution • Project is not subject to separate leasing of bedrooms within a single dwelling unit. Thank you, President JMrv i r~ t:;r 1Y•` v i CJ)n/AWOiMA9~wpEx6iCdyAtlorneytoh 156}1 *pd 2. U AOgi1 NOS... I . ApMdl AGENDA INFORMATION SHEET AGENDA DATE: July 13, 1999 DEPARTMENT: Cogloeerleg & Transportation CM/DCM/ACM: Rick Svekls, Deputy City Manager SUBJECT: CONSIDER AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING A 12 FOOT SANITARY SEWER EASEMENT THROUGH LOTS 15 - 17 OF BLOCK B OF THE MCDONNELL HIGHLAND ADDITION, PHASE 2 AND FUTURE PHASE 3 AND RECORDED IN VOLUME 60, PAGE 330 OF THE, DEED OF RECORDS OF DENTON COUNTY, TEXAS; AND DECLARING, AN EFFECTIVE DATE. BACKGROUND: Ottis Lee of CIVILworks Engineering, representing Schmitt/Woodhaven, LLC., came to us requesting thee: the City partially abandon an existing 12 foot sanitary sewer easement through lots 13-17, Block B, McDonnell Highlands, Phase 2, and approximately 650 fat south through McDonnell Highlands phase 3. The easement was dedicated by separate document for the purpose of constructing sanitary sewer lines; however, with the construction of McDonnell Highlands the easement was not used. The seweriines were pieced within easements dedicated by the plat of McDonnell Highlands. This easement is not in use. PRIOR ACTION/ItEVIEW [Cos" Boards. Commisdor): The Development Review Committee recommends approval The Planning & Zoning Commission recommends approval FISCAL INFORMATION: None MAL. Attached Respectfulty submitted. Prepared )errl CI rk, D *W Engn g & Transportation' Chryst er s, Technical Assistant 1 ` I I i I ~ r ~++aa by NAML .pp VJ f t~ N ~ ~ t t 4[h' AY MICLA tNYVhY r V,t r 1 r MINUTES PLANNING AND ZONING COMMISSION April 28, 11999 Regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, April 28, 1999, and ba;an at 6:1) p.m. In the City Council Chambers at City 13a11, 215 E. McKinney. Commissioners Present; Jim Engelbrecht, Elizabeth Gourdie, Salty Rishel, Susan Applo, Rudy Moreno, Carol Ar n Ganzer and Bob Powell. ' Staff Present: Mark Donaldson, Assistant Director of Planning; Mike Bucek Assistant City Atto,-ney; David Hill, Director of Planning; Larry Relchhart, Development Review Manager; Wayne Reed, Planner 11; Kathryn Nissen, Planner I; David Salmon, Engine wring Administrator, and John Gillette, Assistant Fire Marshall. Closed Meeting: 1. Deliberation concerning real property - under TEX. GOVT CODE Sec. 661.072 a. Discuss acquisition of a 9.290 acre tract from the Samuel McCracken Survey, Abstract Number 708 for the completion of the Regional Detention Ports 05. Reconvene Into Regular Meeting: 2. Consider making a recommendation to the City Council concerning the acquisition of land referred to in item. 1.e. (Paul Williamson) Motion by Susan Apple and seconded by Salty Rishel to approve. 'D'iscussion of Item Is Included In Court Reporter's transcript attached to this set of minutes (Page 1). CONSENT AGENDA The following items are recommended by the staff end approval thereof will be strictly on the basis of staff recommendation. Approval of the consent agenda authorizes the staff to proceed with each Kern In accordance with the staff recommendation. I 3. Consider appr ,val of the praTiminary and final plats of lot 1, BlockA of the Southeast Denton Racetrac Addition. The property Is zoned Light-Industrial (LI). The proposed use is one (1) tot for light•Industrlal use. The 1.4474 acre site Is located on the west side of Brinker Road, south of Loop 288. (PFP•99-015, Southeast Denton Racetrac Addition, Kathryn Nilssen) Motion by Salty Rishel and seconded by Susan Apple to approve. 'Discusslon of Item Is Included In Court reporter's transcript attached to this set of minutes (Paga 2). Motion carries 7.0. i OTHER ITEMS FQR CONSIDERATION / 4. Consider making a recommendation to the City Council concerning a pallet abandonment of a 12-toot Sanitary Sewer Easement In McDonnell Highlands Addition. (David Salmon) Motion by Salty Rishel and seconded by Carol Ann Ganzer to recommend approval to City Council, 'Discussion of Item Is Included In Court Reporters transcript attached to this set of minutes (Paga! 3). 1QQtion carries 7.0. - h 3, I Condemaelt"t Page 1 Page 3 1 PROCEEDINGS I Ms. APPLE: second. 2 MIL OWELBREafr: Good everting ladies and 2 MR. masstwff: som moved and wended 3 geridemn. At this time I'd like to call to order the j to approve the Consent Agenda. Any discussion on the 4 regular meeting of the Planning and 2caing Commission 4 motion? AO in favor please raise your right hmd. S for the City of Denton Texas for this Wednesday, Apnl S Motion carries manimotisly. We have two other items 6 the 28th, 1999. The first item on the agenda this 6 for consideration this evening one which has several 7 evening Is a closed meeting dcliberaion concerning 7 parts, rr A off which Is Item 4 on the Agenda, s real property under Texas Government Code, Section it consider making a nxorrmendation to the City Council 9 551.02. And this Is to discuss acquisition of a 9.29 9 coneemittg a partial abandonment of a 12 foot sanitary 10 sae tract from the Samuel McCracken survey, Abstract 10 sewer casement in McDonald Highlands Addition. Mr. I I No. 708 rot the completion of the regional detention 11 salmon from the engineering departatent will provide us 12 pond No. 5. So at this time we will adjourn to closed 12 with the staff report. is session downstairs. 13 Ma. SALMON: thank you, Chair. Members of 14 (Recessed Into closed meeting.) 14 the Commission, first of all, just so you can get your 15 MR. ENGELBREM; okay. Goad evening IS bearings. McDonald Highlands Is the subdivision 16 again, ladies and gentlemen. At this time I will 16 that's located directly across McKinney Street from 17 reconvene the regular mating, and we will take up 17 Ryan Iligh School. You an as one the site map. More to Item No. 2, consider making a rocommendatiat to the IS specifical'y this evening, we're looking aI a partial 19 City Council conceming the acquisition of Iand 19 abandonment of a sanitary sewer easen!Wt On the 20 referred to In Dem I A. Commissioners, do you have 20 overhead, I've got a diagram that shows the easement 21 any questions of Staff, any comments of a motion? 21 that's proposed to be abandoned. 7be one that we're 22 Ms. APPLE: t'd like to move that we 22 proposing to abandon at the section that we're 27 recommend to the City Council approval of '..x purchase 23 proposing to abandon is highlighted with this dark 24 of the 9.290 acre trsct in the Samuel McCracken 24 black line. 2S rxvq, Abstract No. 708. 2S The owners of the subdivision have - - Page 2 Page 4 i 1 MR. RISHEL: rccond. 1 constructed the sanitary sewer and instead of using 2 MR. ENGELBRECEIT: it's been moved and 2 the existing easement they provided a new casement, 3 seconded to recommend approval of the purchase. Is S which I've crosshatched in sort of a blue color and 4 there any discussion on the motion? In that case all 4 they built their unitary sower in the new casement S in favor plerx raise your right hand. Motion carries S And so they fed there is no need for the existing 4 unanimously. it easement. Staff would concur with that. This bits 7 We'll move on this evening then to the 7 been to Development Review Committee. Nobody on the e Consent Agenda. We have only one item. The Consent 8 Ikvclopmenl Review Committee ices any purpose for this 9 Agenda Item is recommended by the staff and approval 9 old casernern now that the new easemettt is In plea and 10 thereof will be strictly on the basis of staff to the sanitary sewer is already built. So we're I i recommendation. Approval of die Consent Agenda I 1 recommending that this partial easement sbandownent 12 authorizes the staff to proceed with this item in 12 Wee place. I3 accordance with the staff recommendation. 13 MR WoEtaxem: Commissioners, any 14 The item is consider approval of it questions foe Mr. Satmon? G there anyone present who IS preliminary and final plats of LM 1, Block A of the I S would like to address this iarue7 Anyone present that 16 Southeast Denton Racetrack Addition. The property is 16 would like to address this lsane? In that case, 17 zoned light in ltmrial. The proposed use is one lot 17 Commissiorm any compienn a a motion? 16 for light Industrial. It's a 1.4474 acre site located Is MR JtSHEU Motion. 19 on the west side of Brinker Road south of Loop 288. l9 MR ENriELBRECHr: W. Rishel, 20 1s there an,vne present who would tile to address this 20 MR RISHEU I move that we recommend to / r 21 issue? Anyone piescnt who would lice to address rids 21 the City Council the approval of the partial 21 particular issue? In that case, commissioners, any 22 abandonment of an citIO g 12 foot sanitary sewer 23 questions of start? Cottumts or a motion? 23 ascm m in the McDonald Highlands Addition as 24 MR. RISHEL: Motion. Motion cos approve 24 recorded in Volume 695, Page $50 of the doed recorded 25 Consent Agenda. 25 of Denton County, Texu. PLANNING AND ZONING APRIL 29, 1999 Page Y - Page 4 4. t^ondeaaeltr't Page 5 Page 7 I MS. GAM A: second 1 two parameter roads only in these sections. This 2 M0. D*EuatEcHT; noon moved and seconded 2 variance applies to tracts A, D. F. 4 and L. 3 to recommend approval. Discussion on the motion? All It What the developer proposes to - let me 4 In favor raise your right band. Motion corks 4 explain. What would typically be required would be a S unanimously. We move on to Itan 5 them which has s 24-toot pavement section including curb and gutter on 6 throe sections. This Is in regards to the pener v at 5 the side of the development with a four-foot sidewalk 7 Pecan Creek Addition, Phase 1, the 169.2 rare tract is 7 somewhere behind the curb. The pavemcnht a normal I located to the north of Shady Shares Road and the east a pavement thickness for oolloctor street, width Is what 9 side of Swisher Road, It's in the Punned Development 9 these woy¢ by would be a six-inch asphalt section on 10 132 Zoning District, 71e purpose of IN pW is to to top of a C neprepamd subgrade. What the applicant 11 develop the preserve at Pecan Creek Master Planned it Is proposing to do is mill off the existing asphalt 12 Community. 12 which is sort of it combination right now the 13 Item M is to consider a varianx Gum I1 existing asphalt is kind of it combination of what we 14 Section 34.1145(8) of the Code of Ordinances 14 call a seal code and some patches and 1 think them's 13 concerning improvements to existing parameter sweets. 1 s been some overlaying In the area. They want to mill 16 And Item B is to consider a variance from Section ib off the old asphalt, remix the subgrade. And apply 17 34.114.17 or the Code of Ordinances cooaming 17 two inches of new asphalt, basically, malting the I e sidewalks. And In bah cases W. Salmon will provide is road look new and it will repair any base failures and 19 the staff report. Sir. 19 anything that's existing out there to date, 20 M0. SAt mom chalr and members of the 20 Tho reason they've asked for this variance 21 Commission, what I would prefer to do Is to cover both 21 14 that they are proposing no direct access to either 22 variances at one tGne being that they're somewhat 22 of time roads. And even though this is going to be a 73 linked. And, unfortunately, I've only provided you 2s relatively large development, the way they've arranged 24 one motion which covers both So if you determine 24 their Internal street layout should pretty much 25 that you want to act differently on one case then the 2s minimize the amount of traffic from their development Page 6 Page 8 I other then we're going to have to make up a couple of 3 that will use thew particular roads, ao they feel 2 new motions. The applicant's engineer has applied for 2 that there's a cost Issue here. You know, rather than 3 the variance. 1 think we're all familiar with where 3 putting their money on roads that their traffic isn't + 4 the preserve is. It's a subdivision that's being 4 really going to use, they would like to spend Less 5 proposed out near it runs north and south, somewhat s money these, 6 along Swisher Road just to the west of We 6 Because this Is a variance based on the 7 Lewisviiie, north of 1-35. What we've attempted to do 7 need crated by the development, it is an exaction 6 here is highlight what sections of Poc1rus-Page and a variance, which Is one that you'll be raking a 9 Swisher Road that the variance application applies to. 9 mcomunendation on to the City Council lust wanted to to It's a rather large plat, so it's on more than one to give you an idea or the road conditions. This Is on I I page. But the section of road that we're looking at I I Swisher Road looking lath from Fdwards. You can't 12 this evening is Pockrus-Page Road along, I guess, It 12 tell very well, but the pavement Is somewhat 13 would be the north boundary of one of the residential 11 deteriorated You can see by the different colon of 14 tracts and then Swisher Road taming and going north 14 patches and stuff that either the city or the county 15 from Nckrus-Page up to approximately where Edwar 15 has bladed on some asphalt In some locations to order 16 Road is. These don't match exactly, but the road 16 to patch the road You can also we that in some 17 pretty much follows this L shape. 17 locations along the road there's some pray dense Is The proposed Lakeview Boulevard is over is foliage. r 19 here to the what would be the east. AAd then there's 19 Thla Is Swisher Road at the other cod at A 20 a proposed groen belt and crock over here a little bit 20 Pockrus-Page looking east. As you can tell, at this l r' , 21 further to the east, the applicant is proposing to 21 location, the road is a little bit more densely ✓ 22 build ell the Interior streets and other parameter 22 forested One of the things, also, I think that the 23 streets to a city standard. But in this case what 23 developer is Intending to do is with We particular 24 they're asking is for a variance of the standard 24 variance, with rot widening the road, what they're i i Taping to do Ice tvlnlain the etisting Ora litre as , 25 parameter paving and sidewalk requirement along these 35 PLANNING AND ZOMNG APRIL 28,1999 Page 5 t Page 8 . t, 1'n1.LGl'Y'.111`IY,fYM1~CM Ow~YOY~,~`MIY~~.U~~ r ~ I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING A 12 FOOT SANITARY SEWER EASEMENT THROUGH LOTS 15 - 17 OF BLOCK B OF THE MCDONNELL HIGHLAND ADDITION, PHASE 2 AND FUTURE PHASE 3 AND RECORDED IN VOLUME 695, PAGE 350 OF THE DEED OF RECORDS OF DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request for a partial abandonment of a 12 Foot Sanitary Sewer Easement through Lots 15 - 17 of Block B of McDonnell Highlands Addition, Phase 2 and future Phase 3; and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas, reviewed the requested abandonment and recommended approval; and WHEREAS, the City Council of the City of Denton has determined that the portion of the Sanitary Sewer Easement being vacated is no longer needed for public use based on the easements which were granted by the plat of Phase 2 of such addition; and WHEREAS, the process for determining fair market value of the portion of the Sanitary Sewer Easement being vacated, as applicable, pursuant to TEX. LOC. GOV'T CODE ¢272,001 shall be followed in effectuating this abandonment; NOW, THEREFORE, THE COUNCIL OF THE CITY DENTON HEREBY ORDAINS: I SECTION 1. That the portion of the Sanitary Sewer Easement situated in the M. Forrest ' Suney, Abstract 417, recorded in Volume 695, Page 350 of the Deed of Records of Denton County, Texas and more particularly described as the 12 Foot Sanitary Sewer Easement crossing Lots 1$ - 17 of Block B of the McDonnell Highland Addition Phase 2 and futtim Phase 3, as legally described In Exhibit "A" attached hereto and incorporated herein by reference, is vacated and permanently abandoned as a public easement, to the extent described In Exhibit "A". SECTION II. That the interests of the City of Denton in the easement above described is hereby released and will revert to the owners as provided by lava. SECTION Ill That this ordinance shall become effective immediately upon its passage and approval. PASSED ANT) APPROVED this the day of 1999. r JACK MILLER, MAYOR G, i i rrryaaawrwryr~ra•reru.r~.r I ATTEST: I JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL trORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 1141t/t ry I J~ 1 r I 1 , Page 2 of 2 1 • ti~ COLEMAN & ASSOC, SURVEYING P.O. Box 686 4 Denton, Tan n 762024686 # (940)S65-821S FAX(940)3874603 Psaltery Sewer Saument Aboadommut FX= VMS to 911 that certain tract of load situated in the N. Forrest Survey Abstract Number 417, City of Denton, D"too County, Tawas and being that portion of the called IS toot faaitr.ry Shwas gaSaunt from leery S. Miller, Trustae, to the City of Denton, reeiurded is Volume 413, Page 330 of the Dead lecords of Daman County, lamas, oruesiog the called 24,115 aars tract described in the dead free ,Tessi4 biawreace to SchmittAbodhevem, LLC. recorded under Clerk File Number 15-40010984 of the Seal Praparly Records of Denton County, Texas, being more particul" ty described " fallowst Nzonl M for the tastarly Southeast corner of the tract being described hareLt, at the Lat4ruttian Of the teat Use of tr; eesomeat with the last line of the 24.125 acre tract and being Muth 41 Degroas 00 Minutes 44 Seconds test a distance of 7114 fast more or lass from a 1/2 Lath iron rod found at the ScutLaaast dormer thersoli &=Cl with the goat liet of the aeaamset the following 4 callsw 1. Southwesterly with thesla of a our" having a radius at 518.0 fast, an ara length at 312,1 lost (cord baeriag South Si Degrees 12 Minutes 24 Seconds %at a distance of 218.0 feet)t 3. South 22 Degre*s 51 Miamlos 00 S4cook last a distance of 54 feet to the beglnniag of a curve to kke right having a radius of 451.0 feet, 1. Southwesterly with the are of the &Jd curve an are length of 215.1 feet (chord bearing South Of Dogreas 31 Mimutea 00 Seconds last a distance of 311,1 lest! to the and of said ourvat 4. South 04 Degrees 03 Miautes 00 Pecdads Neat a distance o! 118,1 feet to the South line of the 24.125 fare tract and being North gP Degreee 30 Rinutse 13 Ideands drat a distance of 1g0 feet more or lees from the Southaaet earner tharmse, TR17tCl North 81 Degrees 10 Minutes 11 Seconds test with the South line of the 24.133 sore tract a distance of lg.0 cost to the whet Use of the 4u umtw IMUCl Northerly with the lest lime of the "oom"t the following S "llsr North 04 Degrees 63 Minutes 00 /eeco& tat a distaaas of 157.1 feet to the beginning of a curve to tea left having a radius of 4,.2.0 !sett A ~ v I a, 1 2. 1lorthwslarly With the arc o! the aid ours an we length of 200.3 loot ( chard bearing Iforth of Degsue as 3fi"tos 00 Sseoude IHst a distance of 206.1 feet) to the end of the aid owmei 3. Worth 22 Dogree■ is 1llautss 00 seconds West a distance of 70 feat, 4. Ibrtheastorly With the are Of a Curve to the left having a radius of $42.0 tut an are length of 310.7 foot (chord searing North 51 Degrees 17 Him so 32 seconds Out o distenoa of 300.5 tut) to the and of said curve$ S. Worth 31 Degrees 01 kinutee 50 seconds tact a distance of 11.4 feat more or lose to the Bast line of the 24.225 so" %cacti Tm South 00 Degrees 10 lfiautes 31 soomds West With the Bast line of the 24.123 sera tract a distance of 37.0 goat to the aLAM 0r SOWMI 1D0. WM. I 1 t'l t .1 C. Jd41alf7116 c, tt a to 1e as _ J' p~ to r ( 4. k PAUUE o ~ N wl$ E r---- R / •4r is ! r W r f d 27A t ~ i I r ~ ~ etl to - I ; BLOC K II 11 + r :I I I ( r►.uti~ OR~T• a~~r • I t uvv. , R+r I cti• 51'20 , T22' E LAW* 61226• w I 306.3' 2W.9' I N 2738'00' W S I M000 E 70' WL ne e Lm 6 08.4 chrN e2o oo• w 4' a(ti488., 0• tAtis~s 4A fs 609 ,i ~~o- og Ch•5 20 j °400M oa9 E f " r , t GLTUREIOLViEpr ) so' o goo' N iro'aw ; 1e' ' M`*~~ ei rr~ r r y, WM. M• COLEMAN °'Y'•i'~ {NI"•'y"• SEE ACCOMPANIED VETE9 6t BOUNDS oCSCRiPT!ON /0l II i Apkb N& AP06 4 AGENDA INFORMATION SHEET i AGENDA DATE: duly 13, 1999 WARTMENT: Evoileering do Tmesportodu,n CM/DCMIACM: Rick Svehle, Deputy City Manager 9.61 SUBJECT: Consider an Ordinance Approving an Easement Agreement Between the City of Denton and Paul Kovar, Audrey Diane Shaw and Susan Koval °.-ttth, Regarding the Defining or an Electric Utilities Easement (ranted to the City from a Blanket Easement Previously Assigned to the city of Denton from Brame Electric Power Cooperative; and Providing an Effective Date. BACKGROUND: The three owners of certain property within the city limits of Corinth, Texas - Paul Kovar, Audrey Diane tsaw, and Susan Kovar Smith - desire to enter into an Easement Agreement with the City of Denton, in order to define a 100-foot wide easement for utility transmission and distribution lines, as described on the attached "Exhibit A". Currently, a blanket easement exists on the subject pec.", which was greened to Brazos Electric Power Cooperative, Inc. in 1932 and subsequently assigned to the City of Denton in 1997. for electric transmission and distribution lines. The property owner, through their representative Scott Hoiland of McEwen Partners, are requesting that the btankN easement on their property be released by the City, and replaced by the 100-foot wide easement as described, so that development of a residential subdivision can proceed as planned. A similar easement agreement was executed by the City in , 1994 with Yorkshire, Inc. and Oakmont Canadian Land Partners, Ltd (aka Hillwood/Oskmont 11, Ltd) to release a blanket easement on adjacent proppiy for the same electric transmission line and also to define a 100-foot wide lesement for said utility transmission and distribution Gnes. OPTIONS: j Approval removes a blanket easement on the subject property and defines a 100-foot wide casement thereon so the development of the property can proceed as planned. Denial preserves the existing blanket easement end thus limits the development potential of the i subject property. r, RECOMMENDATION r Approval is recommended in order to allow the property owners to develop the subject property ,s pianneo. f ' ~ 1 I i A ESTIMATED SCHEDULE OF PROJECT: None I PRIOR ACTION[MVIEW (CouocIL Boards. Commiatomel: None FISCAL INFQRMATIONs None BID INFORMATION: None MAPi Attached Respectfully submitte3: Prr,;,red by, ^ left-Mark, Djrector Engineering 8t Transportation Paul Williamson, Right•of•Wsy Agent I i i 2 POCKRUS P A A. q, C GREEK NN1. 77 LINZ" o0wmt CM 1.s=" I ~ ~ M III ROBINSON / CMUR04 /f PROJECT SITE N OAAK LAO WMA01 LOCATION MAP 3 • .~Y W IMIII Jr • t ~yNMV IWMI _ _ I. LLLL YrM1,Y,t _ ~ fr Ua1 M 141 ~ / \ \ / ~ •t 4ll p Mtn I'% I~OA IM !Y N~I\ / w r wwr i1u N/ M1ww Luw. 4w\ Malm Wr as aN M r•~w YRi ~ ~ I rY W f M,Yaar/r / , `'•Vt• rYga ;1 1 #VRmr PAOPOS:O 000' UttrRICAL "M • ~flr"~ Cl" OP COaNrr, DtNf9N CCP#rr. 7 f f_ - - `1 ~ ,w.• YwlX.ll'pa. 179J "t' r' .770' 'Y t ;ex tee NtLSW CORMPATIO ti......~..... ~ YYYII i\111/ • W_ 1M LL ♦ ~ Mj1Y1 YI • M L j a A ORDINANCE NO. AN ORDINANCE APPROVING AN BASEMENT AGREEMENT BETWEEN THE CITY OF DENTON AND PAUL KOVAR, AUDREY DIANE SHAW AND SUSAN KOVAR SMITH, REGARDING THE DEFINING OF AN ELECTRIC UTILITIES EASEMENT GRANTED TO THE CITY FROM A BLANKET EASEMENT PREVIOUSLY ASSIGNED TO THE CITY OF DENTON FROM BRAZOS ELECTRIC POWER COOPERATIVE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute an Easement Agreement between the City and Paul Kovar, Audrey Diane Shaw, and Susan Kovar Smith in substantially the form of the Easement Agreement which is attached to and made a part of this ordinance for all purposes, for the defining of an electric utilities easement granted to the City of Denton from blanket easement previously assigned to the Brazos Electrical Power Cooperative. jECj ON II. 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 'HALTERS, CITY SECRETARY i BY: , i APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: S F y EASEMENT AGREEMEN STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: k COUNTY OF DENTON NT ANT OF EASEME 1. THAT WE, PAUL KOVAR, AUDREY DIANE SHAW and SUSAN KOVAR SMITH, as Grantors, for the sum of TEN AND NO1100 DOLLARS (S10,00), and other good and valuable consideration to the undersigned paid by the Grantee herein named, the receipt of which is hereby wknowiedl;4 have GRANTED, BARGAINED, SOLD and CONVEYED, and by these presents do GRANT, BARGAIN, SELL and CONVEY to the CITY OF DENTON. TEXAS, as Grantee, an easement for the purpose of placing, constntctin& operating, repairing, maintaining, rebuilding, replacing, relocating, and removing utility transmission and distribution lines through and across the following described property, to wit: See attached Exhibit A which is Incorporated by reference as if fully set forth herein. Together with the Gee right of ingress and egress over and across such property, insofar as such right of ingress and egress is necessary for the purposes listed above. 2. It is expressly understood that this easement is given as a designation of the i location for the easement previously granted Brazos Electrical Power Cooperative, Inc, in the following documents: L Easement granted by Arch Brown et ux, rec. in Volume 384, Page 119, Denton County, Texas, tiled October 20, 1932 - F. Curbler Survey, Abst. 0300; and assigned to the City of Denton, Texas, By Brazos Electric Power Cooperative, Inc, in a document dated October 23,1967; and recorded at Vol. 2736, Page 923, Real Property Records, Denton County, Texas. i 3. The above-described easements assigned to the City of Denton azm., blanket easements and did not describe the area where the distribution and transmission lines are located. The present record owners of the land referred to above have requested the City release Lie area embraced within sa?d blanket easement In favor of this designation of location as described in attached Fxhibit A. 'a-he City of Denton, Texas, acting by and tht )ugh its duty authorized representative, Michael W. Jet, City Manager, does hereby release it t claim to said properties other than the easement designated herein and which Is described in attached Exhibit k t 6 i . t. , c. I CHaAMROFEASIENENT 1. The easement granted herein is appurtenant to the dominant tenement. 2. Grantors retain, reserve, and AN, continue to enjoy the use of the surface of s , ;t ;property for any and all purposes which do not interiere with and pr..vent the use by Gnntee of I the eaeemtnt, including the right to build and use the surface of the herein granted easement for drrinage ditches and private streets, roads, driveways, alleys, wallas, garden, lawn, planting or parking areas and other like uses and/or to dedicate all or any pars of the surface of the property affected by this easement to any city for use as a public street, road or alley. 111. 1. The easement, rights, and privileges herein granted shall be perpetual. Gnmors hereby binds themselves, their successors, assign, and legal representatives, to warrant and forever defend the above described easement and right unto Grantee, Its suocesson and aselps, Against every pesos whomever lawny claiming or to claim the same or any part henot IV. pYrr rrgrVp*?xe_ant: PaSQ&NT 1. The easement, rights, and privileges granted herein are exclusive, and Granton covenant that they will not convey any other easement or conflicting rights within the area , covered by this grant without written permission. 2. Grantee shall have the right to cut and trim trees or shrubbery which nay encroach upon the easement area herein conveyed, and Grantee shall dispose of all cuttings and from trimmings either by piling and binning within the eaeemect area or by loading and hauling away the i V. TERMINATE[ I. The easement, rights and privileges granted heremtda shall terminate when, or at such time, as the purpose hereof is abandoned by Grants. t'Ir~ 2 4 r CI r 1 Vi. ENTIRE A9 I . TWs. instrument coaWas the eodre agreement between the parties rehuing to the rights herein granted end the obligations herein assumed. Any oral representations or modifications concerning this Instrument shall be of no forces and ePfed exapdq a subsequent modification in writing, signed by the party to be crhuged. Vi1. B12D1NG EFFECT I. THs Agreement shall bind and inure to the benefit of the respective parties, their repfefe wveA successors, and Maps. IN WITNESS WHEREOF, this Ingrument Is executed this day of ,1999. OWNERS: BY: 4,b BY. F. P KOVAR A REY D SHAW BY: L SUSAN KOVAR SMITH 4 CITY OF DENTON, TEXAS BY: M1C1iAEL W. M, CITY MANAGER t- 3 G ii STATE OF TEXAS COUNTY OF " This instrument was acknowledged before me on the day of 1999, by Paul Kovar. C Y VAVRA 0, %W V IS EV caw d Tow NOTAC IN AND FOR TEXAS Commiuion Expires: -_J STATE OF TEXAS COUNTY OF This instrument was acknowledged before we on the J L day of t ~w 1999, by Audrey Diane Shaw. K9N w boom Ep camrwon tk VI,a 0 UBLIC !NAND FOR TEXAS apr fs, roof ottuni Ion Expies: I S - tou i STATE OF n%AS COUNTY OF This instrument was acknowledged before me on the I day of k+NCL- 1999, by Susan Kovar Smith. CWM * KtNKUNZMAN AO it. toot OTAR PUBLIC IN AND~Oi E~ XAS ulon Expires: ~ w STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on the day of 1999 by Michael W. kz, City Manager of the City of Denton, Ttus, a municipd corporation, on behalf of said corpim eion. 'A,~ C. NOTARY PUBLIC IN AND FOR TEXAS Commission Expires: r 4 w p u 1 WaRIT "A" • page 1 of 2 4 BE [NO A 100 FOOT ELECTRIC LINE EASEMW LYA10 AND BEING SITUATED IN THE F. CURBIER SURVEY, ABSTRACT NUMBER 300, DENTON COUNTY, TEXAS, BEING PART OF A CALLED 16.2991 ACRE TRACT DESCRIBED IN A DEED TO AUDREY DIANE SHAW, ET AL., RECORDED UNDER COUNTY CLERKS FILE NUMBER 97-A M3071, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING PART OF TRACTS I AND 3, AS DESCRIBED IN A DEED TO PAUL KOVAR, RECORDED IN VOLUME 3124, PAGE 103 REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND ALSO BEING PART OF A TRACT DESCRIBED IN A DEED TO PAUL KOVAR, REC *DED IN VOLUME 1107, PAGE 127, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND IRON PIN AT THE MOST EASTERN SOUTHEAST CORNER OF SAID 16,2991 ACRE SHAW TRACT, AND THE SOUTHWEST CORNER OF A TRACT DEEDED TO DAVID R. HUNTER, ET V.X, RECORDED IN VOLUME 4009 PAGE 1370, REAL PROPERTY RECORDS, DEMON COUNTY, TEXAS; THENCE SOUTH 66 DEGREES 43 MINVPES $7 SECONDS EAST, WITH THE SOUTH BOUNDARY OF SAID DAWID R. HUNTER TRACT, AND THE NORTH BOUNDARY OF SAID KOVAR TRACT 3, A DISTANCE OF 43.66 FEET TO A CORNER THENCE SOUTH 32 DEGREES 30 MINUTES 09 SECONDS WEST, A DISTANCE OF 412.60 FEET TO AN ANGLE POINT FOR CORNER THENCE SOUTH 33 DEGREES 20 MINUTES 31 SECONDS WEST A DISTANCE OF 213,56 FEET TO A CORNER ON THE SOUTH LINE. OF SAID KOVAR TRACT RECORDED IN VOLUME 1107, PAGE 127 DEED RECORDS, DENTON COUNTY, TEXAS AND W"G THE NORTH LINE OF A TRACT DEEDED 713 MYOUNO-S CHOL ET AL, RECORDED L`1 VOLUME 4100, PAGE 336, REAL PROPERTY RECORDS OF DEMON COUNTY, TEXAS; THENCE T.ORTH 66 DEGREES 26 MINUTES 31 SECONDS WEST, ALONG THE SOUTH BOUNDARY LINE OF SAID KOVAR TRACT AND THE NORTH LINE OF SAID MYOUNO•S CHOI TRACT, A DISTANCE OF 113,23 FEET TO ACORNER, THENCE NORTH 33 DEOr;EES 20 MINUTES 31 SECONDS EAST, A DISTANCE OF 272.40 FEET TO AN ANGLE POINT FOR CORNER THENCE NORTH 32 DEGREES 30 MINUTES 09 SECONDS EAST A DISTANCE OF $32.06 FEET TO A CORNER ON THE EAST LINE OF SAID SHAW TRACT AND THE WEST LINE OF SAID HUNTER TRACT; 1 THENCE SOUTH 01 DEGREES 22 MINUTES 14 SECONDS WEST, ALONG THE EAST BOUNTo kRY OF SAID 161991 ACRE SHAW TRACT AND THE WEST LINE OF SAID HUNTLA 'TF ACT, A DISTANCE OF 120.30 FEET TO THE POINT OF BF.OINNINO AND c CONATINTNG IN ALL 1.676 ACRES OF LAND. r~ I to C, c, ~I~IIr EXHIBIT "A" I page 2 of 2 y b ~I ~ 4 S 8'33'0P'E i Ra tr+saN V t Vo1..400 PS,1370 R.P,R, Saw A" 11 e:;,,t at~tu' k , x r I,~ 6 ~ jf` M + i +ki , ~ x 5 239,9' ; ~ Not *V VLLAAp PG33* MA 1LUlX attae r r MONM SLW#tYm 81! 030 0 l~ !L1 MC IIty0011Y fOW ftl01 ll I Aos AGENDA INFORMATION SHEET July 13, 1999 AGENDA DATE: DEPARTMENT: Economic Development ACM: Kathy Du©ose, Assistant City Manager, Fiscal and Municipal Services SUBJECT A resolution authorizing the City Manager, as Denton's authorized representative, to accept on behalf of the City of Denton an offer from the Texas Department of 'fre:isportation (TxOOT) relating to a grant for certain improvements to the Denton Municipal Airport; confirming agreement to pay ten percent (10%) of the total project costs and designating TxDOT as the City's agent for administration of Federal and State funds for said project; and providing an effective date. BACKORQUND In 1996 the Texas Department of Transportation, Aviation Division (TxDOT) was given authority to administcr federal and state funds for capita) Improvement projects for all reliever and general aviation airports statewide. This was done to assist TOOT in facilitating the Texas Airport System Plan, in addition to the authority to administer federal grant funds, Tx DOT was also provided with the ability to act as the sponsor's agent. if desired, for the purposes of applying for, receiving and disbursing all funds for approved projects and administration of contracts necessary for the implementation of improvements. On May 12, 1999 TxUOT officials provided staff with a list of infrastructure improvements based on projects submitted by the Airport Advisory Board and staff. This project will be reviewed by the Texas Transportation Commission on August 26, 1999 for final approval. Prior to the Commission's review, TxDOT officials have requested that the City of Denton provide documentation of support and acceptance of this project. ESI IMAILD SCIUMUL Oh PRO11M i xDOT is requesting supporting documentation of the project to be submitted prior to July 26, 1994, A twelve-month design phase will begin approximately three months after the review and approval of the project by the Texas Transportation Commission scheduled for Augusi 26. Following the design phase, construction would begin. Current estimates inlicate a construction date in Spring 2001. t , 1 G U , PRIOR ACTIOnEVIE The City Attorney's Me has reviewed and approved this resolution, Ai,},ort Advisory Board and staff recommends the approval of this project, FISCAL INFORMATION The estimated cost of the project Is $1,740,000, The design phase of the project is estimated at $140,000 and the construction foe is estimated at $1,600,000, The City's 10 percent (101A) match of $140,000 is $14,000 and must be submitted to TxDOT by January 2000. Airport staff has requested this funding in the FY 99.00 budget. The City's 10 percent (10"/0) match of $1,600,000 is $160,000 and must be submitted prior to the construction phase, Spring 1001, Funding for the construction phase would be included in ` the FY 00-01 budget. participation in the first phase indicates the City's commitment to complete the construction phase. EXWWJIS Resolution Exhibit A Respectfully submitted: II G?~E~rXBC Linda Ratliff, Director Economic Development Department ed by, by- i Nelso 1 r Airport Manager r i . i i ~awi,iwi+e+aa r.~.v~rr.,m,~, o,. r w,ww 1 RESOLUTION NO, M A RESOLUTION AUTHORIZING THE CITY MANAGER, AS DENTON'S AUTHORIZED REPRESENTATIVE, f0 ACCEPT ON BEHALF OF THE CITY OF DENTON AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION (TxDOT) P ILATING TO A GRANT FOR CERTAIN IMPROVEMENTS TO THE DENTON MUNICIPAL AIRPORT; CONFIRMING AGREEMENT TO PAY TEN PERCENT (100%) OF THE TOTAL PROJECT COSTS AND DESIGNATING TxDOT AS THE CITY'S AGENT FOR ADMINISTRATION OF FEDERAL AND STATE FUNDS FOR SAID PROJECT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas, intends to make certain Improvements to the Denton Municipal Airport; and WHEREAS, the general description of the project is described in Exhibit "A" which is attached hereto and made a part hereof for all purposes; and WHEREAS, the City of Denton intends to request financial assistance from the Texas Department of Transportation (TxDOT) for these improvements; and WHEREAS, the City of Denton will be responsible for 10% of the total project costs currently estimated to be $160,000.00; and WHEREAS, the City of Denton names the Texas Department of Transportation (TxDOT) as its agent for the purposes of applying for, receiving and disbursing all funds for these improvements and for the administration of contracts necetsary for the implementation of these improvements; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City of Denton, Texa~, hereby directs the City Manager to execute on behalf of the City of Denton, at the appropriate time, and with the appropriate authorizations of this governing body, all contracts and agreements with the State of Texas, represented by the Texas Department of Transportation (TxDOT), and such other parties as shall be necessary and appropriate for the implementation of the Improvements to the Denton Municipal Airport referenced in Exhibit A. SECTION 11. That this resolution shall become effective immediately upon its passage rnd approval. i PASSED AND APPROVED this the day of _ ,1999. A$ JACK MILLER, MAYOR 3 °d-lA'Vp.Wr41kRA SrrwWW~4wrf.DCthwb K,wr 1 ;II i ATTEST: JENNIFER WALTEPM CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: L i 4 rn err _ y i i n F EXHIBIT A, Page 1 RECOMMENDED CAPITAL IMPROVEMENT PROJECT The following Items are recommended for inclusion in a capital Improvement program project at the Denton Municipal Airport Eslimaled design costs include: consultant's preliminary engIr.*edng report, preliminary design, final design, design surveying, geotechnical Investigation and pavement testing, consuhanfs bidding, constriction, and closeout phases. Estimated construction costs include: bid advertisement contractors' constrWl6n, construction mater'v1s testing, and resident project representation. Engineering design is assumed to be completed In Federal Fiscal Year 2000, and construction is assumed to be completed in Federal Fiscal Year 2001. The etttmates have been adjusted for inflation through these time periods. A 15% contingency Is included in all estimated coats. The attached sketch shows the general location of the project elements. PROJECT ELEMF.NIS ITEM 01 REIIABILITATE RUNWAY 17.35 The rehabilitation of the 6000' long by 150' wide runway should Include: - crack cleaning and sealing, patching, and herbicide treatment as needed • surface preparation and tack coat • application of an etrulsifred asphalt slurry seal (P-626). Estimrded Design Cost $ 28,800. Estimaled Construction Cost $ 361,500. ITEM if 2 MARK RUNWAY 17.35 Runway 17.35 will be marked as it Precision Instrument approach runway. Marking will Includa the following marking elements: - designation, and centerline - threi ,old, and slming point • touri,down zone mtlkings • all markings will lnclude retro-reflectorized glass beads Estimated Design Cost $ 3,000. Estimated Construction Cost $ 46,900. S f ~1 - ~i 1 j1I 'I EXHIBIT A, Page 2 ITEM 0 3 REHABILITATE PARALLEL & STUB TAXIWAY SYSTEM The rehabilitation of the parallel and stub taxiway system should Include: - crack cleaning and staling, patching, and herbicide treatment, as needed - surface preparation and tack coat - application of an emulsified asphalt slurry seal (P-626) - taxiway markings with reflectorized beads, and centedine reflectors. I Estimated Design Cost $ 19,400. Estimated Construction Cost $ 238,900. ITEM M 4 REHABILITATE HANGAR ACCESS TAXIWAY SYSTEM The rehabilitation of the hangar access taxiway system should Include: - crack cleaning and stating, patching, and herbicide treatment, as needed - surface preparation and tack coat - application of an emulsified asphalt slurry seal ( P-626 ) - taxiway markings with reflectorized beads. Estimated Design Cost S 5,1no, Estimated Construction Cost S 4400. ITEM 6 S INSTALL M.I.T.I. & REI' LECTORS The taxiway lighting system should be replaced. The work should include Installation of , medium Intensity taxiway edge lights from the runway to the hold line, and elevated taxiway edge reflectors for the remainder of the taxiway system. The work should include: 1 - trenching, cable, and conduit - light edge light fixtures - taxiway centerline reflectors, and elevated edge reflectors. Estimated Design Cost $ 9,200. Esdmated Construction Cost $108.100. i fAj t d 1 t~ EXHIBIT A, Page 3 t ITEM 06 REHABILITATE APRON The rehabilitation of the apron should Include: I • crack cleaning and sealing, patching, and herbicide treatment, as needed surface preparation and lack coat • application of an emulsified asphalt slurry seal ( P-626 - tiedown and taxilsne markings with reflectorized beads, and centerline reflectors. i Estimated Design Coat $ 9,500. Estimated Construction Cost $ 96,400. ITEM M 7 CONSTRUCT HELIPAD The construction of the 100' X 100' lighted bellpad should Include: • site preparation •subgrade and bate courses - surface course • tledowns, lighting, and markings. Estimated Design Coat $ 61900. Estimated Construction Cost $ 46,500 ITEM 0 8 INSTALL. SECURITY FENCING C link fencing should be Installed along the eastern edge of the airport, and tie Into existing r fence. The work should Include: i - Approximately 5600 linear feet of chain link fencing • approximately 4 gates Estimated Design Coat $ 7,600. Estimated Construction Cost $ 92,700. I - ITEM 0 9 UPGRADE RUNWAY SIGNAGE The runway signals system should be upgraded. The work should Include: • installation of all cable and conduit • foundations, and sign fi+rtures. r. Estimated Design Coat $ 14,600. j Estimated Construction Cost $172.100. it r y Iii I EXHIBIT A, Page 4 ITEM 10 RECONSTRUCT PARTIAL PARALLEL TAXIWAY ' The northernmost 1100 feet of tine 30 loot wide psrallel taxiway should be reconstructed. The work should Include: - demolition of the existing pavement - site preparation and culvert Installation subgrsdo sad base courses - surface coupe • centerline marUnp. BatHnated Desigd Cost $ 34,600. Estimated Construction Cost $ 373,600. 8 c. 1 c~ I EXHIBIT A, Pc;e S DEr1TON MUNICIPAL(OW T: AIRPORT LOCATION AIRPoRT LAYOUT SITE NO.- 237507 A PJ. ~ g .II;i: :I wIF lalt 'Ii 14 f~ p~R~$ - 0 US aQ0 Ipll9 DENTON ` ~srra4t IIO~Tree 110!Tseee I rM Isla . } Trei DENTON MUNICIPAL spP r Line 00tfedl croee 7 reoch 4 s a: I EI~,y r TIf U/C I~,eg ' r i i(II ~I,S'[1,':k':~ I~~~ .~~r. '•ti ! ~ j:. ~ : j ~h 1 .wr ~1 ~3f lr 'l~ ~ I' r~_~' ,cif REMAnKSt Oll rA I. RWY IT IS DESIGNATED AS CALM WIND AWY ~ I Gedll Cad fud 2. RWY 17/35 HAS A OPS 9TRA1011T IN f 1 !I ASOSI^ Al f /~rqc II Pond Q OCH dope Cred11 Cad ruel • I'm 1510 , h a 6'30E 09901 r Compoif l' Leo' Role N 5s I~--•--~ x ~ ~ ~ Ewen, SCALE IN FEET ~ - SI 1111th ~ Elev 627m Y ~I -10 OErp i 2f) Treee of 349 ~Oralndge 0•a-4; 3541. , G~-~hanMi w, oleo IA - 9 u V k EXHIBIT As Paga 6 j DESIGNATION OF SPONSOR'S AU1 HORIZED REPRESENTATIVE t, i The CITY OF DENTON hereby designates (Now, Title) ;;,he authorized representative for the engineerlnB/delign services for this project, who shall have the authority to make approvals as required on behalf of the CITY OF DENTON. The CITY OF DENTON has caused this to be duty executed in Its name, Ibis _ day of 19 CITY OF DENTON. Texan (Sponsor) By: Title: DESIGNATED REPRESENTATIVE Mailing Address: Telephone/Fax Number: A 10 t AGENDA INFORMATION SHEET t AGENDA DATE: July 13,1999 DEPARTMENTS Engineering do Transportation CMlDCM1ACM: Rkk Svehls, Deputy City Manager SUBJECT: CONSIDER AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND EVA ELAINE, INC., RELATING TO THE PURCHASE OF 0.662 ACRES OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCEL 29); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORI AND PROVIDING AN EFFECTIVE DATE. BACKQhOUND Me. Eva Elaine Merritt, President, Eva Elaine, [ac. has executed a Real Estate Contract for the required right-of-way for the U. S. Highway 77 Widening Project. The contract amount of 531,624.00 Is based on the fair market value for the laud and Imjrovemeots as determined by an independent appraiser and reviewed by it seporatp appraiser for conformity mod as required by the Team Department of Tramportatlon (T:DOT). The Appraiser and Review Appraiser services were approved by At City Couacii In 1997 (Professional Services Contracts). OPTION; Not Applicatk RECOMMENDATION: Staff recommends approval of the rest estate contract between the City of Denton slid Eva Elaine, Inc. for the purchase of 0.662 acres of land for wideaing U.K Hwy. 77, M PRIOR ACTIONIREVIEW (Couuclh, Boards. Commissions) : i The Planolmg & Zoning Commission recommended approval on July 23,1997. FISCAL INFORMATIONS The purchase price Is 531,624.00 plus closing cats of approximately 5500.00. MAN Attached a Respoeft ly eebmitteds J k, D r Prepared bys E da; Is. aeporlador Paul Willismsoa PJ&ht-of-Wey Agent A4 c X 2 c. k MO SCALE El, i I ashy L tq~r ~ LLJ. MI Arrt free 1J~ At I ` Y IT! - a. LOCATION MAP j i ii i c, nilkT Y ~ WWI- O'Dea _ 1fI~ r w I J M ^ NFU ♦ QUI AG ',,ep~ f N. N. r IAEIS I T IJOr 4EY A~xoxintete BcYte ` ~I_r_` Bsf I I i ' t. s, Planning and Zoning Minutes July 23, 1997 Page 2 Ms. Schertz: Are there any other nomiaadow? If there are none, nominations are closed. We will vote on the nominees in the order of their nomfution. I will list their name and then After I Am through if you will film your right band if you are in favor. As many as are is favor of Jim Eagelbrecht plow ran your right hand, Note - 3) As many as are in favor of Ellen Schertz please else your right hand. (Vote - 4) The new Chair person by majority Is Ellen Schem. 'T'hank you. For the second nominee we will be elec* Vice-Chak person. 7be floor is open. Ms. Apple: i would I&e to nominate Bob powell. Ms. Schertz: Are there any further nomfaadons? Mr. Morena: I would nominate Jim EW-Jbrecbt Ms. Scbertz: Are there any f rther nominations? Seeing none, nominations are closed. As many is are in favor of Bob Powell, please raise your right hand. (Vote - 4) Seeing there is a majority, the new Vice-Chair person will be Bob Powell, Coagramlations. 111. Consider appfoval of the minutes of the July 9, 1997 meeting. Ms. Schertz: Are there any corrections? Seeing none, the minutes will stand approved as written. IV. Consider making reco=wndsdon to ft city council for the AcVWdon of the Right-of. Way for U.S. 377 from F.M. 2154 to 1.33. Mr. Powell: That's not 377 but Is 77. Ms. ScberU: You Are corms Let the minutes reflect to. Mr. Powell: I would move that we r,econ mend to the City Council the Acquisition of y Right-of-Way for US 77 from FM 2164 to 1-35. Ms. (lamer: Second. Ms. Schertz: Is there any discussion? All In favor, prase raise your right land. Motion i pass", (7-0) V. Consider waking recommmmWim to the City Council for the Atgnisltion of the Right-of- Way for Weview Boulevard, A ' , Mr. Powell: I move that we make rxommendadon to the City Canned ft the blush d" , of the Right-of•Wsy fot iskeview Boulevut .Mr. Eagelbreebt: Serood. 5 ~i ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF j DENTON AND EVA ELAINE, INC,, RELATING TO THE PURCHASE OF 0.662 ACRES OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCEL 29); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS. SECTION That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Eva Elaine, Inc., in substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of 0.662 acres of land for the expansion of U. S. Highway 77 (Parcel 29). SECTION 11. 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. JACK MILLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BY: b APPROVED AS TO LEGAL FORM. HERBERT L, PROUTY, CITY ATTORNEY ~ / 1 I r f~ , BY: t ~ J~•\ r; S t. f f i i REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between EVA ELAINE, INC. (hereinafter referred to as "Seller's) and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texar, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PUSCEUX AND SALE Seiler hereby sells and agrees to convoy, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the said including any right, title and interest of Boller inr and to t adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the "Property"), together xith any improvements, fixtures, ani 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, Scaler shall pay all cost for the removal, installation, construction, reinstallation, roconstruetion, labor and materials for any and/or improvements located within the property described in Exhibit "A". Any improvements not removed by September It 1999 shall become property of the City of Denton, Texas, PURCHASE PRICE 1. Amount of Purchase Price. The purchase price for the Property shall be the sum of 431,624.00. 2. Payment of Purchase Price. Tho full amount of the Purchase Price shall be payable in cash at tho closing, PURCHASER'S OBLIGATIONS The obligations of Purchaser hereumler to consummate the , trfnsactions contaVlated hereby are subjrct to the satisfaction ' of each of the following conditl.nns any of which may be waived in whole or in part by Purchasor at or prior to the closing. 1. Preliminary Title Report. Within twenty (20) days after the date hereof, Seller, at Boller~■ sole cost and expense, shall 7 have caused the Title Company (hereinafter defined) to issue a owners policy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easemento$ rights-of-way, etc., affecting the property. purchaser shall give Boller written notice on or before the expiration of ten (10) lays after Purchaser receivgs the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory. In the event Purchasor 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 Boller is unable to do to within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes) otherwise, this condition shall be deemed to be acceptable and any objection theroto shall be doomed to have been waived for all purposes. 2. Srv`y. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land survoyor acceptable to Purchaser. The survey shall be staked ou the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total sores comprising the Property, together with a metes and bounds description thereof. Purchaser will have ton (10) days after receipt of the survey to review and approve the survey, in the event the survey is unacceptable, then purchaser shall within the ten (10) day period, givu Seller written notice of this fact. Boller shall at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the lsorow Deposit shad he returned by the Title Company to Purchaser. Purchaser's failuro to give Boller this written notice shall be j doomed to be Purchaser's acceptance of the survey. f 3, seller's_ C lianoa. Seller shall have performed ob. served, and complied with all, of the covenants, agroemcuits, and ` conditions required by this Agreement to be erformed obse lj and complied with by Seller p ' rred, Y prior to or as of the closing, AEE008Fr PAGE 2 1 c. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by 8e11er to Purchaser also as of the closing date; 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Boller 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. t. To the bast of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCAA), as amondod and the Comprehensive !nvlronmontal Response Compensation and Liability Act (CEACLA), an amended. CLOSING The closing shall be held at the office of Dentex Title Company on or before August 31, 1999, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). CLOSING REQUIRRHNT8 1. Sellor'• Recruirements. At the closing Seller shalli A. Deliver to State of Texas, acting by and through the Texas Transportation Commission a duly executed And acknowledged geed in the form as attachad hereto 'as Exhibit "13" conveying good and marketable title to all of the Property, froe and clear of any ani all liens, 1 encumbrances, acnditions, oasamonta, assessments, and ~Il` restrictions, except for the followings AEE009FE PAGE 3 9 is I i 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 Obligationa 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 lull 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 Reauirssenta 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, howevere 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Purchaser; 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"; 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"; 1 ■nd ~ 4. The exception as to liens encumbering the Proloarty shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property an khe day of closing. 2, Purchaser's Requirements. Purchaser shall pay the considerat,.on as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. AES006FE PAGE 4 10 I 3. Slogging 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 RUL ESTATE CCHMSSION All obligations of the Seller and Purchaser for payment of brokers' fees are contained in separate written agreements. BRUCE 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. BREACS BY PURCSASER 11 In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaserla obligations set forth in PURCBASER'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 purohaser. MISCELLANEOUS 1. Assignment of Acreement. This Agreement may be assigned . by Purchaser without the express written consent of Seller. I 2. Survival of Covenants. Any of the representations, war- rantiss, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated LL hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hareundor shall be domed recoived when sent by United states mail, postage prepaid, certified mail, return receipt r*Vested, addressed to seller or Purchaser, as the case may be, at the aldress set forth beneath the signature of the party. i ' AMOOFE PAGE 5 4. Texas Law to Acply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Sound. This Agreement shall be binAinq upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreeswut. S. Legal Construction. In case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- validity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subjeot matter. 8. Ti" of essence. Time is of the essence in this Agreement. i 9. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unlo • the context requires otherwise. 10. 1 morandum of Contract. Upon request of either pasty, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. Compliance. In accordance with the requireawnts of the Texas Aeal eetate 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 PurchaserOa own selection. 12. Time Limit, in the event a fully executes copy of this Agreement has no- Gan returned to Purchaser within ten (10) days J after Purchaser execites this Agreement and delivers same to •el- ler, Purchaser at-all have tho right to terminate this Agreement ! 4<- J upon written notice to Seller, AEE000FE PAGE 6 12 l . c~ DATED this _q4!+ day of 1999. SELLER PURCHASER EVA EELAINE, INC. ~j THE CITY OF DENTON, TE,T[AS BY: ~Jl~li ~A«u,/7:.llGQfc~"P BY: EVA ELAINE MERRITT Michael W. Jes PRESIDENT City Manager 215 S. McKinney Denton, Texas 76201 STATE OF TEXAS COUNTY OF DENT(W This instrumenc is acknowledged before me, on this day of 1999 by Michael W. Joe, City Manager, of the City of Denton, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorised to perform the same by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. Notary Public in and for the State of Texas STATE OP TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of E , 1999 by Eva Elaine Merritt, Pxesident, Eva Elaine, Incorporation, a Texas Corporation known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said corporation. !~'00000090QOp ~ l ~ #)ea~„rtwa►rr Notary Public in snd for J ts.oit~ao~t the State of Texas me ceer, AMP WON EVEN! Ccunry DJi= EXHIBIT 'A' Highway U.S. 77 Pape 1 of Profect Limits: From LIJ U CSJ, 219fi-02• TO 12S Opt Rev. NOylmber 28, toe; Acccunt: FIELD NOTES FOR PARCEL Z,Q BEING A PARCEL. OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO DAYlD A. COGQIN, TRUSTEE. ITRAC; 11 RECORDED IN VOLUME 2614, PAGE 845, DEED RECORDC OF DENTON COUNTY, TEXAS ?DRDC';, AND 8EG10 SITUATED IN THE N.H. MEISENHEIMER SURVEY, ABSTRACT NO, 810, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING at a found 112•Inch iron rod for the northwest corner of a tract of land conveyed to Charlie Melvin Cunningham and wife, Janis Cunningham, as recorded In Volume 832, Pape 217, DRDCT, and the southwast : writ r of a second tract of land conveyed to David A. Coggin, Trustee, as recorded In Volume 281 a, Ptgo 84S. :ADC 71, and said point being on the existing north right of way line of Riney Road; THENCE N 460 11' 52' E. along the common property line of sold Cunningham tract and said Coggin trey tyro, a distance of 98.51 feat to a set SIR-inch Iron rod with an aluminum cap, being a point on the new south rig'et of way lima of U.S. 771 THENCE S 380 11' 38' E, along the maw south right of way time of U.S. 17, a distance of 90,16 foot to a set 5. B•Imch iron rod with an aluminum cap for Me POINT OF BEGINNING, mama being a Point on the wait fine or sold :oogin trace one, and the oast line of maid Cunningnam tract; 111 THENCE N 480 00' 55' E. along a line common to said Cogglm tract Or and said Cunnir+ghom tract, a distance of 27.91 feet to a found 5/9-Inch Iron rod for the northwest comer of told Coggin tract one and the northeast corner of sold Cunningham tact, being am the existing Louth rlgt,t of wary time of U.S. 77; 12t THENCE S 680 10' 31' E, along a lima common to sold Coggin tract one and existing south right of way line of said U.S. 77, a distance of 706,80 rear to a found 1/2-Inch Iron rod !Or the northeast corner of told Coggin treat one, same Ming the northwest corner of a tract of 'Ina conveyed to Roy 0. Martin, recorded In Volume 419, Pago 215, DRDCT; (3) THENCE S 010 05' 41' W, along a line common u said Coggin tract one and said Martin tract, a distar L )182,31 feet to a oat 618-Inch Iron rod with an aluminum cop, said point being on tM now to.tn right of way line of U.S. 77; THENCE N680 11' 366W I along the new south right of way line of U.S. 77, a distance of 88.82 feet fo a set 618•lnch Iron rod with an aluminum tap being the beginning of a circular curve to the right having a radius of 2924.79 toot; p t THENCE NOrthwotli along the new south right of way line of U A 77 with said curve to the dgdt, through a dolts angle of 060 22' 231, an are dletanes of 274.29 het, and having a chord r which bars N 88a 30' 2e' W, • ti4tance or 274.18 feet to a sat 8/e-lmeh iron rod with en aluminum cap, being a point of tonot xy; 0aru,N 14 u County CantoO EXHIBIT •A• Hlghwey U.S, 77 Page 2 of 2 Project Limits. From Rev, November 28, 1994 CSJ: 0199-02. To U.S. 2aQ Account: FIELD NOTES FOR PALACE! Z8 Ml THENCE N 820 49' 14• W, with ow new a" right of way Ike of U.3.77, a dlstmce of 19.48 hat to s ate 54Inch iron rod with in aluminum to. peke the b"I&%nq a @hula( curve to the left hevlnq a radius of 2804.79 feet (7) TH kit ENCE Nonhwomody, &6V the rttw South right of way lift of U.S. 77 whh Sold aurw to the whichh boo s N 686 30' 25• W, 0a22diann" of 02,9 to a so 6/8-Inch lron r having with an aluminum cap, 181 101 70 feet to tM1POINT Cil BEG NINO, orrd cone kninq 0. B2 por 29.824 s4 distance of of land, more or lose, • ~ . M;^`/ µ.~~~2~1 ~ r~~ L", !'ter der R ~ John f WI •.P•L.S. { t ',.'too 'I, -js k'. Vat Texas No. 4288 JC::.'"+ ~'fJQ ,SSt tt~~O I w i let 1 Y 15 aKrt erv r ' G ~ Uxas ae~w at TneyerhWm E7fl3IDIT "B" hp 1 cis Rw, *pj DEED' TIC STATB OF nmU COUNW Op KNOW ALL MEN BY 'fMSE PRESENTS: Thu, of the Cotettty of Stets of Torras, latahtaRar referred to ar one or mots, for and !a man of the am of Gramw4 whohe. which is Eby the Store of Tan, after b!ad thte o- the Tartu { ~0~ n ptaear~ ao llm to retained, ehher of day Sold and bey time a now nd yCanwy Unto the premsd at tract or parcel of land 6t . do GnW6 ui~. jai! aCo., TI34% Stem of T that captain habit "A," which i, etnclee,l hettrto aM am am"Y and y detordad In EX. All SAVE and EXCEn, ROAgrftR, it is ap"Wy mdmtood sad dale to ttia foltowtcg kW*vm*W 16001141d on she d drat e ate m:iptti g pmpeety described in raid Exhibit t " "AV b wt Grantors coven" and day of a, nurtove the abow.dy !md by the te`in wtidog`anddndm'I r trtbJea, howowr to etch aatsattetom of thm to may be ~artumy mi Guam d time Fn+esa ifnd then, w i arty on' R faitpar or IeAue to rstnore tame widdn said period of conawarld not so removed shall pass to and vm in the State ~~f' or arty part of am* lmproventepln Grantors mom au of the oL,gat and in and aorta the ~ barren CwMW- of ingress and egroesto dre stu6ce ehsraof for the pnrpos~ c! waive all rl~ss urrte; however, nothing !a this rtasavation chaff at2bct Alta this devel~g or drE1W for 1 ether »rirtetala and material: thereon, an= end tfrrrnetder. ot~ rate to tale and um mu t i 16 c.. Trxa, Dipantreuot r- Tnaeper"m Pon D-13.11 Pap 3 d 3 Rev."] TO HAVE AND TO HOLD the pmmises haneia desen'bed and hero aingutar the rt¢lsta t+ad ooaveYed to `ether wldl ail and farver, and cantors 10 o In any ~0 ~0°~°t0 the Snre of ezas and tai uai;rs BiPs to Warrant end by hind ottntelves, our heirs, esteoators, adndWstratms, sacceaon and as. ft Texas and Its Forever Defend all and sitioular the said paea nim herein conveyed umm the State of thereof. assigns againg every person whomsoeYa Lwfuily ci+ min orto claim the saw or any par IN WI77 MS WHEREOF, this fnstrumeat b executed on t1L the day of ,19 Nrrir►rrM►i►+iN►rNq►r►►►iiirrl►►air►1lN~►►iNii►i►lii►iii►ii►ii~rirrr►r►irsa. THE STATE OF TEXAS, ACKNOWLEDGMENT ' COUNTY OF 1 BEFORE M8 do uoderslSold, a Notary P6114 oa Ak day pmonatty appal to me on the oemh of , taotve to me (oar proved mttme(e) L (Iro) esbtaibed to the fo>.eofot hwmoaot gad ~ . a ondible wimae.) to be the pmoo(t) :chose po,m tad eoodderactea dsealdo ~ led~ed to me that hghbMthey wevmd the rye for the OWEN MOM MY HAND AND SEAL OF OP cs. thin day of AMry raw saw o (TI I Kr Gnaiwa maim a to 4y d t! fir •rrirN►Mriiilb(riNiiii►iiiiNe►►iiliiiiliiiilNl►i►►iii►NNi/iie iii~r~iirrra a THE STATE OF TEXAS CORPORATE ACKNOWLEDGMENT COUNTY OF 1 BEFORE ME dr nadealpaat, a Notary Pnbtl4 oe We day personally appeared mm e to be person and ottloei whoN name' _ . , knone to a the sea of this 111d mumum to tree foes 1110110101411 sad admo~ iod#M to aN doll the =a daily anmhodrad to perform tH am by approptiw rsedudae of time beard of dhaotat cf srcb "mdm , dd 6WA was euased the ame is the to of rtscb ceepaadoo lot the p maoarWrmmdoe ~ sod thr hahhe ibatelo stated e~meeeed, sail m tiw apahy OWEN WDLR MY NAND AND SM OP OMCR, d" day of ..,r Nemy Mee, Swe of Tau my Comial ;tplma on dA day of , Ip~ 17 1 u i j ~t nNa U~ 14 lq.1 ati a.., Wil Affer fteoedlo= ffe&n of m Mb bWn mmt go, e, i ! I F A ar pin , ClAtmCATY Or RiCORDiNO THE STATE OF TEXAS, COUNTY OF+ w f i s F • I1 18 1 c~ AGENDA INFORMATION SHEET` Dab_ AGENDA DATE: July 13.1999 DEPARTMENTt Engineering & Transportation CM/DCM/ACM: Rick Svebla, Deputy City Manager SVBJEQj E CONSIDER AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND JOSEPH E. KECK AND BARBARA KECKt RELATING TO THE PURCHASE OF 0.009 ACRES OF LAND FOR THE LXPANSION OF U. S. HIGHWAY 77 (PARCEL 43); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. BACKGROUND Mr. & Mrs. Keck have executed a Real Estate Contract for the required right-of-way for the U. S. Highway 77 Widening Project. The contract amount of $1690.00 Includes the coat to relocate the bu::oem pok din ($1190) and the minimum amount (S900) to be offered E under TX DOT guidelines. The actual ralr market value for the land Is 5321.00 as determined by an independent appraiser and reviewed by a separate appraiser for conformity and ae required by the Texas Department of Transportatlon (PxDOT). The Appraiser and Review Appraiser services were approved by the City Council In 1997 (Professional Services Contracts). OPTIONS; Not Applicable RECOMMENDATION: Staff recommends approval of the real estate contract between the City of Denton and Mr. & Mrs Keck for the purchase of 0.009 acres of land for widening U.S. Hwy. 77. PRIOR AOTION/REVIEW (Council. Boards. Commiulonsl: The Planning & Zoning Commission recommended approval on July 33, 1997. FISCAL INFORMATION: The purchase price Is $1690.00 plus closing costs of approximately $390.00. 1;. r w i i u i L~3APl Attached RespectfvUy submitted: y rk, Di ctor f Prepared by: En ag & ' asportstioo l Paul Williamson Right-0f-Way Agent I I r { c , u 1 i r NO SCALE ate'. ~ r ~ us. •.r L«r ue k s I i L -1 ! PIN c LOCATION MAP 3 i 1 t, 1 R . i : i s 11S i 1~ • ~w ~ u ri 4 n o g r ~ N V 41~~ i 43 1 c°~• o r~ ~ r lam W • 1 L H x 143, BARBARA KECK WIFE, VOL. P0. 214 S.F. OR 0.005 AC. • REM. - 0.840 AC. 21122 0 E scale: t- -r Pa~ N tTract o vro N 042242• E ` @G•00 AcquisMion Arcs RG AMC Planning and zoning minutes July 23, 1997 Page 2 t Ms. Schein Are there any other aomimtions? If there are Done, nominatioot are dosed. We will vote on the nominees In the order of their mabation. I will list their mase and then after I am through it you will raise your right band if you are io favor. As many as am in favor of ram Engelboxht please raise your right bead. Note - 3) As many as are in favor of Ellen Schertz please raise your right had. (Voce - 4) The m:w Chair person by majority is Eden Schertz. 'Thank you. For the second oomLnee we will be electing Via-Chair person. The floor is open. Ms. Apple: I would like to nominate Bob Powell. Ms. Schertz: Am there any further nominations? Mr. Moreno: I would nominate Jim F.ugelbrechL Ms. Schertz: Are there any further nominations? Seeing none. nominations am closed. As many as are in favor of Bob Powell, please raise your right hand. (Vote • 4) Seeing there is a majority, the new Vice-Cbalr person will be Bob Powell. Congratulations. 1II. Consider approval of the mim, of the July 9. 1997 meeting. Ms. Schertz: Are there any corrections? Seeing none, the miaotes will stand approved as written. 1V. Consider rnaklog recommendation to the City Council for the acVwdon of the Right-of. Way for U.S. 377 from F.M. 2164 to 1-35. Mr. Powell: That's not 377 but is 77. Ms. Schettz: You are correct. Let the mimrtes reflect that. Mr. Powell: I would move that we recommend to the City Council the acquisition of Right-of-Way for US 77 from FM 1164 to 1.35. Ms. Caazer: Second. Ms. Scbertz: 1s there any dismssirit Ali in favor, please raise your right hand. Motion passes. (7-0) V. Consider making recommendation to the city Council for the acquisition of the Right-0f-- Way for Lakeview Boulevard. Mr. Powell: I trove that we make recommendation to the City Council for the acquisition of the Right-of•Way for Ldmview Boulevud. Mr. Eagelbrecbt: Second. 5 ` I . d~ ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND JOSEPH E. KECK AND BARBARA KECK., RELAT2NG TO THE PURCHASE OF 0.005 ACRES OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCEL 43); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFF, TIVE DATE. THE COUNCIL OF'"4E CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION 1. That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Joseph E. Keck and Barbara Keck., in substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of 0.005 acres of land for the expansion of U. S. Highway 77 (Parcel 43). SECTION IL That the City Manager Is authorized to make the expenditures as sa forth in the attached Real Estate Contract. SECTION III. That this ordinance shall become effective immediately upon its passage j and approval. 1 PASSED AND APPROVED this the day of ,1999. I JACK MILLER, MAYOR ATTEST: JENNIFER WALTE•RS, CITY SECRETARY I BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~tf f/~ I t Af + 6 i I f REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between JOSEPH E. KECK AND BARBARA KECK (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 convoy, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter sot forth. Seller shall pay ail cost for the removal, installation, construction, reinstallation, reconstruction, labor and materials for any and/or improvements located within the props--ty described in Exhibit "A". Any improvements not removed by October 31, 1999 shall become property of the City of Denton, Texas. PURCHASE PRICE 1. Amount of Purchase Price. The purchase price for the Property ahali be the sum of $1,650.00. 2. Payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to .,onslmmato the transactions contemplated hereby are subject to the satisfaction i ' of each of the following conditions any of which may be waived in A whole or in part by Purchaser at or prior to the closing, f' r 1. Preliminary Title Report. Within twenty (20) days after the date hereof, Seller, at Seller's sole coat and expense, shall 7 ' t 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, ate., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchasev receives the Commitment that the condition of title as not forth in the Commitment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes; otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. Ste. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location ` of all improvements, highways, streets, roads, railroads, rivers, creaks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and nhall sat forth the number of total acres comprising the Property, together with a s:ntes and bounds doseription thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the seasonable satisfaction of Purchaser. In the event Seller is unable to do so within ton (10) drys after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller's Compliance. Seller shall have performed, ob- served, tend complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. 8 j c- 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 date: 1. There are no parties in possession of any portion of thw Property as lessees, tenants at sufferance, trespassers or other parties. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the beat 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 beat of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA1, as amended, and the Comprehensive Environmental Response lompensation and Liability Act (CERCLA), as amended. CLOSING The closing shall be held at the office of Dentex Title Company on or before August 31,1999, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). CLOSING REQUIREMMS 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 118" conveying good and marketable title to all of the Property, free and clear of any and all 1Sans, encumbrances, conditions, easements, aasessments, and restrictions, except for the following: Af.EPAGE 3 9 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 bo%u%dary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Purchaser; 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"; i 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"; and 4. The exception as to lions encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. A 2. Pur.haaer'a Requirements. Purchaser shall pay the consideration as roforencod in the "Purchase Price" section of this contract at Closing in immediately available funds. i AX E1S'8kE PAGE ,Q i e 3. Closing Costs. Seller shall pay all tuxes assessed by any tax collection authority through the date of Closing. All other costa and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser 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 rritten notice delivered to seller. BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations not forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default 6,11er may either enforce specific performance of this Agreement, or terminate this Agreement by written notice delivered to purchaser. MISCELLANEOUS 1, Assignment of Agreement. This Agreement may be assigned by Purchaser without the express written consent of Seiler. 2. Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postago prepaid, certified mail, return receipt requested, adaressed to Sailer or Purchaser, as tha case may be, at the address set forth beneath the signature of the party. r n::E0CaFE Fk; E 5 11 i (t f F 4. _Te_ xas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Legal Construction. In case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respeot, said in- validity, illegality, or unonforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Agreements Suaormaded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. a. Time of Essence. Time is of the essence in this Agreement. 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. 1 11. Compliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Limit. In the event a fully e:cecuted copy of this Agreement has not been returned to Purchaser within ton (10) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. AP.L eFE -AGE t 12 1 L c: DATED this day of , 1999. SELLER PURCHASER THE CITY OF DENTON, TEXAS BY: Ajos E. Keck Michael W. Jos, City Manager 215 E. AcKinney Denton, Texas 76201 Barbara Keck STATE OF TEXAS COUNTY OF DENTON Thic instrument is acknowledged before me, on this _ day of , 1999 by Michael W. Jes, city Manager, of the City of Denton, a municipal corporation, known to so to be the person and officer whoso name is subscribed to t1e foregoing instrument and acknowledged to sae that the *am was the act of the said City of Denton, Texts, a municipal corporation, that he was duly authorised to perform the as" by appropriate ordinance of the City Coincil of the City of Denton and that he wocuted the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. Notary Public in and for the State of Texas STATE OF TEXAS COUNTY OP' DENTON € This instrument is acknowledged before me, on this /O 41 day of an4 1999 by Joseph E. Keck and 8;,rbara Nock. i J Not lic in and for ' 1-tthe State of Texas AEEP,C6 FE: PACE 7 13 EXHIBIT `A' County Denton Page 1 of 1 Highway U.S. 77 Project Umltst From j.H. 35 Rev. October 6, 1994 To U.S.360 CSJ; 0193-02. Account: FIELD NOTES FOR PARCEL 43 BEING A PARCCL OF LAND SITUATED IN A TRACT OF LAND CONVEYED TO JOSEPH E, KECK AND WIFE, BARBARA KECK, RECORDED IN VOLUME 1154, PAGE 628, DEED RECORDS OF DENTON COUNTY, TEXAS IDRDCTI, BEING SITUATED IN THE N.H. MEISENHEIMER SURVEY, ABSTRACT NO. 811, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING for reference at a found ale for the sauUiwost comer of sold Keck Vect; THENCE N 020 22'42* E, along the west fine of sold Ksl erect, a distance of 120.00 feet to a point for the northwest corner of aid Keck tract, same being a point co the oast right of way Me of Bolivar Street and the south right of way line of Orr Street; THENCE S 860 59'31' E, long the north property One of and Keck tract and the south right of way Me of Orr Street a distance of 299.13 fat to a set 5/84nch lion rod with on aluminum cap being the POINT OF BEGINNING, some being a point on the new west right of wily Eno of U.S. 771 III THENCE S 86' 69' 31' E, along a Ona comma t to said Keck t; art and south right of way limo of Orr Street, a distance of 21.72 Not to the northsssl comer of said Keck tract, same being a point on the axisting west right of way One of U.S. 771 12I THEN C : S 00. 05' 51' W, along a Eno common to said Keck tract and oxisdnq west right of way One of U.S. 77, a distance of 19.68 feet to a slot 'X' cut In concrete, same being a point on the new wait right of way One of U.S. 77; 131 THENCE N 460 07'33* W, along the new west right of way Me of U.S. 77, a distance of 30.05 foot to the POINT OF BEGINNING, and containing 0.005 acre, or 214 square fat of land, more at lose. fop F i' E-ct mot- too Q~~9~C~ l 2. rc•. Cj John F. Wilder, R•P.L S. JOH0 Date WILO ' Texas No. 4265 " ~n„ ~ lr\ t 4 aswrw ~I I, I ` 7nu l>.paroau d 1hugMe,db EXHIBIT "Im Ap t d7 R~+. lyel DEED' TF1H STATE OP TEXAS COUNTY OF KNOW ALL MEN BY 1'MSE PRESENTS: That, of the Corlrty of , Stw of Test, haeiaafhu rdared to as Grn`tors, whether one or mom, for acrd in comadmad-m- of"- tam of DOUM } to Qraruocs lrI hand pad by the State of Taw + 6 which is hme ft and throagh the Tex~a ($rudown ~C Omnlrm Jp: cr by and for w1Jch no nett b reta5>ed; either this day sold W by th p~m0 do Grant, Bergen, gall and Cmw r unto the State of Twat that amin ptio of parcel of landese fn ~~y~ hibis "A," whkh - maolted Teim, nun PwdcW+riy dot Cribcd In Ex- any SAVE and EXCBPT# HOWRVM it 4 atpmdy under :oud acid agreed that Grantors am retanin tide to the followkg lolproventm m located on the p opaty described in sad Eshiblt "A," to wit: i ramors covenant and agree 1400 ve the *xwedesagmcl kgvw m= 6ntn said land by rice _ day or - , , subjem howem , a to rich awake of time as may be Scanted by ft Swe in rL1gaid , far any teawn, Grantors fail mihae to mmove same wWdn r -id period of tfine AnY Audw coxttidemdon, the Me to al a any part of:wch hnp,ovwmts not to removed shall pan to 2d.4 eer h1 the Stara of Jews !Mauer. Grantors merve aU of tha oil, ~gass and aalphur ht and wWw the laid herein em"yed but waive ail of ingress and egress to the wrfatx thereof for of orirt develops dints same; however, nothing in this reservation shall ~thle aw righti of the stage t wm aide for other rtlirreras and rrt wrWj t wsM dated and dlaeunder. w 15 ~ Texas Depuvecm o(Trmagmudoe h:a D.ts-U 1 Fans a of ] Rev. *91 h k TO HAVE AND TO BOLD the pmim basin and basin teter ahtyttiar the t and dmerlbel g smut o fTTentas rte al) and drantus bind 0 im~ belonging o the Stue o sad In na tars fotevv; sad dol= is molves, our hwift eir, ester WM adm)Oiaaaoor:, Enctx asors tmd a. ata:ss to wamnt and Fataver Defatd a8 end afo=uiar the aald heroin conveyed muo du State of Tessa oad Its a sow aBahm trvey prawn whomsoevesr L;FS chQ; at to cLGm the same or my par, theroaf. IN WTTMESS WHEREOF, this iostrorstom a anocated on tills the day of rrr«««««♦rrrrrrrrr«r«rrrrrrrrr.r»rwrrr►►rrr►rrrrr►rarrr«rrrerrr«rr«rrrrrruratr.. THE STATE OF TEXAS, A OWLEDOMENT COUNTY OF_ 4 1 BEFORE ME, dw a WuWped, a Notary Feblte. m dhb day pm mily spp d kaowo to ate (or proved tome or tlse omb of , a cmak wlmete,) to be else pentoap) whose ounc(e) it (m) wbem'bed to else f npiq huctemeot sod eiorrbdpd to nu dhu bo%% tbey exvzW the nme to the pmom nd coodderedw ebeebl awwwwL GIVEN UNDER MX HAND AND UAL OF OFFICE, dim day of Retry mlie, Sew d Tan My' das60sms~dr Jeyaf~ ,t9__, •r«rrt.rrr«rrrrrr«rrrrrrurrrwsrarrrrrrrrarrrrrrarrarrrsrr«rrarrrrarrr«rrrra.. THE STATE OF TEXAS, CORFORATL ACKNOWLEDGMENT COUNTY OF BEFORE ME, d,e oaderdamd, a Notary Febtta, m this day pwoo gy appeared d , tmowe to a to be the peeaaa sod oe'Sae where erne b wbee Red to tlse l6nploB betttaseet ad admowWW to me that the eau was the as O tbo mold , a t>otp Wc* dm WAN wu My eeelsceiaed to peferm do um by appeopdetm mwAm o(a based m(dhoama olsesch empase{eo rod that hm,+ehm exewad the name u the ea of axh capondm for the peopaen ntd oeaddnatim thdo etepra14 sad to the npeehy OMM UNDER MY HAND AND SEAL OF OFFICE, thb day of Ifemy pmd, skw a( Tar t ly Cammalw o expim m the day of 16 i r ~ ~D of Tm'mm" hr 7 0(3 Rw. 001 Attsr ntwdini Fm rourn Ws bffoommt to: I f i 1S o A ~ I pill CERTIFICATE OM RECORDING THE STATE of rsxAS, i COUNTY OF " 17 f AGENDA INFORMATION SHEET AP* Dale - AGENDA DATE: July 13,1999 DEPARTMENT: Engineering & Transportation CM/DCM/ACM: Rick Svehla, Deputy City Manager C6 SUBJECT: CONSIDER AN ORINNANCE APPROVING A REAL ESTATE CONTRACT sE EEN THE CITY OF DENTON AND EVA ELAINE, INC., RELATING TO THE ?V*CHASE OF 0.316 ACRES OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (~'AIICEL 26); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORI AND VROVIII9G AN EFFECTIVE DATE. BACK ` OUND: Ms. Eva Elslae Merritt, President, Eve Elaine, Inc. has esecuted a Real Estate Contract for the regtllnd right-of-way for the U. S. Highway 77 Widesleg Project. The contract amount of 915,880.00 Is based on the fair market value for the land and Improvements is determined by as Independent appraiser and reviewed by ■ separate appraiser for conformity and am required by the Tessa Department of Tnraprtatlea (TsDOT). The Appraiser and Review Appraiser services were approved by the City Council in 1997 (Profeaalonel Services Contracts). OPTIONS: Not Applicable RECOMMENDATION; i Staff recommends approval of the real estate contract between the City of Deotoe sad Eva Elaine, Inc. for the purchase 00.318 acres of land for widening VS. Hwy. ?7. PRIOR ACTION/REVIEW (Council. BoardL Commlaaloah The Planning & Zoning Commission recommended approval on July 23,1997. FISCAL INFORMATION The purchase price Is $15,880.00 plus closing costs of approslmately 9540.00. i~ MAL { Attached I t ~ III c Respectfully submitted: J Clark, hector Prepared by, eerkn Traosportatim Paul Wpismoou RIOW--Way Apal R 2 ~ 1 ~I NO SCALE ut ~ u.e. w .q sae !It I ~ a .y it ~ SITv _ r - or n i ~ r ~I I i LOCATION MAP 3 ~Ai1~ra ~ . ~~-~T~.jD7CfST~NOy~yv ho s~'R wr W" 11 , - ~'rF 11 .T,.'~:rTL•.••'•,MT~ rl'T ~r i•.~.r ~r,J 1+:..v ~ • 4 r', (20000 S 0•'11'3d" E VON 1 • n fl dr lf• sue ' S 6% (TRACT 2) N/ urn 1126, VOL. PC. ..5844 S, F, OR 0427 AC. .ft.. . / /So WMrM i. Planning and Zoning Minutes July 23, 1997 Page 2 A. Ms. Schein: Are there any other nominations? If there are none, nomiratioos are closed. We will vote on the nominees in the order or their nomination. I will list their dame Lad then after I am through if you vAn raise your right hard if you are in favor. As many as are in favor of Jim Engelbtecht please raise your right hand. (Vote - 3) As many as are In favor of Ellen Schertz please rinse your right hand. (Vote - 4) The new Chair person by majority Is Ellen Schem. Thank you. For the second aomiaee we will be electing Vke-Clair person. The floor is open. Ms. Apple: I would hike so nominate Bob Powell. Ms. Schertz: Are there any further nominadons? Mr. Moreno: I would nominate Iim Engelbrecht. Ms. Schertz: Are there any further nomir dow? Seeing none, nominations are closed. As many as are is favor of Bob Powell, please raise your right hand. (Vote - 4) Seeing there is a majority, the new Vice-Chair person will be Bob Powell. Congratulations. III. Consider approval of the minutes of the July 9, 1997 meeting. Ms. Schertz: Are there any corrections? Seeing none, the minutes will stand approved as written. ~J IV. Consider making recommendation to the City Council for the acquisition of the Right-0f- Way for U.S. 377 from P.M. 2164 to 1-35. Mr. Powell: That's not 377 but is 77. Ms. Schertz: You are correct. Let the minutes reflect that. Mr. Powell: I would move that we r+er:ommend to the City Council the acquisition of Right-of-Way for US 77 from FM 2164 to 1-35. Ms. Gsazer: Second. Ms. Schertz: Is there any discussion? All In favor, pleam ralsa your tight Mod. Motion passes. (7-0) V. Consider making recommendation to the City Council for the acquisition of the Right-of r, Way for Lakeview Boulevard. r i.fr, c Mr. Powell: I move that we rake recommendation to the City Council for the acquisitioa of the Right-of-Way for Lakeview Boulevard. Mr. Engelbrecht: Second. r ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND EVA ELAINE, INC., RELATING TO THE PURCHASE OF 0.318 ACRES OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCEL 26); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENfON, TEXAS HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Eva Elaine, Inc„ in substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of 0,318 acres of land for the expansion of U. S. Highway 77 (Parcel 26). SECTION Ij. That the City Manager k authorized lo make the expenditures as set forth in the attached Real Estate Contract. Sj=Xj. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1949. I JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, C11 Y SECRETARY BY: APPROVED AS TO 1 EGAL FORM: IIEPBERT L. PROUTY, CITY ATTORNEY tdl;~ I l _ + BY: _ E I 6 i I i REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT of SALE is made by and between EVA ELAINE, INC. (hereinafter referrod 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. PURCEASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent stroots, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter sat 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 remo•.ed by September 1, 1999 shall become property of the City of Denton, Texas. PURCBASE PRICE ? 1. Amount of Purchase Price. The purchase price for the Property shall be the sum of $15,690.00. 2. payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser here•inder to consummate the transactions contemplated hezuby are subject to the satisfaction i ' of each of the following conditions any of which may be waived in A while or in part by Purchaser at or prior to the closing. 1. Preliminary Title Report. Within twenty (20) days after the date hereof, Seller, at Seller's sole cost and expense, shall 7 have caused the Title Company (hereinafter defined) to isouo a owners policy commitment (the "Commitment") accompanied by copies of all recorded docum6ts relating to easements, sights-of-way, eta., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as sot 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 unaccoptable mutters to the reasonable satisfaction of Purchaser.. 1n the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes; otbarwise, this condition shall be deemed to be acceptable and any objection thereto shall ba deemed to have been waived for all purposes. 2. 9urvo](. Purchaser may, at Purchaser's sole cost and exponse, obtain a current survey of the Property, prepared by a d•:ly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, crooks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are uo 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 roceipt of the survey to review and approve the survey. In the avant the survey is unacceptable, than Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or Modify tho unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreame-it, and the Agrae®ent shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller's Co liau:co. Seller shall have performed ob- ~r served, and coVliod with all of the covenants, a~^eeaenEs, and conditions required by this Agreement to be perfor. A# observed, and and complied with by 8ellt.r prior to or as of the closing. AEE009FE PAGE 2 B REPRBENTATIONS AND WARRANTIES Or SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing dates 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespassers or other parties. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. To the beat of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CZRCLA), as amended. CLOSING The closing shall be hold at the office of Dentax Title Company on or before August 31, 1999, or at such title company, time, date, and place as Seiler and Purchaser may mutually agree upon (whica date is herein referred to as the "closing date"). CLOSING RZQUIREMENTS 1. Seller's Requirements. At the closing Seller shall: A. Deliver to CITY Or DENTON, TEXAS, a MUNICIPAL CORPORATION, a duly executed and acknowledW Deed ir, the form as attarhed hereto as Exhibit "2" conveying goon and r marketable title to all of the Property, free and clear A~ of ■ny and all liens, encumbrancer, conditions, easements, assessments, and restrictions, except for the following: AEE1t?FE PAGE 3 9 t u t 1. General real estate tars for the year of closing and subsequent years not yet duo and payable; 2. Any exceptions approved by Purchaser pursuant to Purchasers Obligations here- of; and 3. Any exceptions approved by Purchaser in writing. H. Deliver to Purchaser a Texas OwnerOs Policy of Title Insurance ~t Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the "Title Cempany"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in tae 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: I. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Purchasar; 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"; 3. The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"; and 4. The exception as to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. f. R 2. RusohaseLs Requirements., Purchasea• shall pay the consideration as relarenced in the "Purchase Price" section of this contract at Closing in immediately available funds. f AEEOOarE PAGE 4 10 MEN 4 3. Closing Costs. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other coats and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser REAL ISTATZ COMMISSION All obligations of the Seiler and Purchaser for payment of brokers' fees are contained in separate written agreteents. BRLACB BY SXWJR 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. BRUC9 BY PURCSASRR In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCBASZR'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. IUSCELLMEOUS 1. Assignment of Agreement. This Agreement m,ty be assigned by Purchaser without the express written consent of Seller. 2. Survival of Covenants, Any of the representations, war- ranties, covenants, and Agressants 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 s,irvive the closing and shall not be merged therein. 3. Notice. Any notice required or peraitted to be delivered hereunder shall be deemed recaived 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 rddress set forth beneath the aignature of the party, AEE006FE ?AGE S 1M I i I a. Texas Law to Apply, This Agreewt shall be constrved under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreewt shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Lo l Construotfon. In case any one or more of the pro- visions aontained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in an respect, said in- validity, illegality, or unenforceability shall 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 Aaresme-ts Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 6. Time of Essence. Time is of the essence in this Agreement. 9. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 1 11. Compliance. In accordance with the requirements of the Texas Real Bstate License Act., Purchaser is hereby advised that it should be furnished with on obtain a policy of title insurance cr Purchaser should have tt:e abstract covering the Pcoperty examined by an attorney of Purchaser's own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has nt been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser uha11 have the right to terainate this Agreement ~ upon written notice to seller. AEECO M ?AGE 6 12 DATED this q day of N 1999. SELLER PURCHASER EVA aLAINE, INC. THE CITY OF DENTON, TEXAS BY:~ r BY: EYA ELAINE MERaITT Michael N. Jet PRESIDENT City manager 215 E. McKinney Denton, Texas 76201 STATE OF TEXAS COUNTY OF DENTON This Instrument is acknowledged before me, on this day of- 1999 by Micheal N. Jas, City Manager, of the City of baton, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the sass was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorised to perform the same by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. Notary Public in and for the State of Texas STATIC OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this q-4, day of T 4W~1999 by Iva Elaine Merritt, President, Iva Slain*, Incorporation, a Texas Corporation known to me to :-a the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the ease was the act of the said corporation. PAiA H 1MILLyyy0lf 7Q.LK ~1~~~~b~ a A~tiMrxslArr Notary Public in and for the State of Texas AEECOSFE PAGE 7 13 I u ~ I i I I I i ~I WIBIT "A" III RHINO ALL THAT CRRTASN LOT, TRACT CA PARCIL Or LAW OtTMATCO tit TIM N. N, NNINDINRUM NORYNY AMTAACT NUNOtR 0101 IN TM CITY Or 0010N, MION Cowl, TwS N = A PART Or TNAT CMTAIN TRACT OF LAND CONY/YNO 11 DUD FBCN J~ItI► FNNA To DAVID A4 COODIN t1013 , RRCO M IN VOLGie 3014, PAU 110, MAL PROPNRMY rRNU, DNNSON COMM TNXAN, AND MINA NOiRN PARTICULARLY DUMINND AN FOLLONOi NNaINMINO AT AN :AON ROD b! POR CORMR IN TM 00t1IN LINE Of OTATit NIONNAY NUPP A IT, A POSI.10 ROADNAY, ARM IN TO NAT LINN Of RIM ROAD, A PUM40 AOADNAYL TNRNCN 10VYN 00 OtMNNN U Nt1MM 70 N MOT 317.01 ?$BT MITM SAID 0O0IN LINK Of RAN NORWAY MOM 11 TO AN UM ROO FOUND FOR ca m$ OAIO POINT 3100, To NORTNMNT OOMNR Or THAT CNATAIN TRACT OF LANG corn ND A UNND PAM NOONAT J, NOON TO Cwul NNLVtN cmi"w", mccam aN OCLONNR 11, toll, DEAD ANCORON, ONION cow", mut "MVICN 00VIN 41 NORMA 00 NINA 34 0NCONDO on, 110174 Ftt? WITH TNN NORTH L: NN 01 0AID CONNtNWM TRACT TO AN IRON ROD FOtMD FOR OoMa IN SAID RANT LINK or OAID RIMY AOADt THENC7. NDATN 37 D/amm 00 NINU, 00 Items NNOT, 337130 "LIT WITH SAID NANT LIMN Or RAN RIM ADM TO TNN PLUS OF KOIw1k3 AND COINAININa 0,311 ACM OF LAND, NOM OR LION. a . At 0 14 EXHIBIT "B" WARRANTY DEED Date: Grantor: EVA ELAINE, INC. Grantee: City of Denton Grantee's Mailing Address (including county): City of Denton 221 North Elm Street Denton, Texas 76201 Denton, County Considerationt FIFTEEN THOUSAND, EIGHT HUNDRtD, EIGHTY DOLLARS AND NO1100 (15,880.00) and other good and valuable consideration. Property (including any improvements): All those certain tracts of land being situated in the N.H. Meisenheimer Survey, Abstract No. 810, Denton County, Texas and being more particularly described in "EEHI82T All attlihed hereto and by thin reference being made a part hereof for all purposes. Reservations From and Exceptions to Conveyance and Narrantyt Easements, rights-of-way, and prescriptive rights, whether of record or not; all presently recorded instruments, other than liens and conveyances, that ►'lect the property. i GRANTOR , for the consideration, receipt of which is hereby acknowledged, and subject to the reservations from and exceptions to conveyance and warranty, grants, sells and conveys to Grantee the property, together with all and singular the rights and appurtenances thereto in any wise belonging, to have and to hold it to GRANTEE, GRANTEE'S heirs, 2xeeutor, administrators, sLccessors or assigns forever. GRANTOR binds GRANTOR and r~ A GRANTOR'S heirs, executors, administrators and successorg to r,, Mod -1 15 I . U l~ I I warrant and forever defend all and singular the property to annss and ORAmall heirs, executors, admiaistratora, successors and assigns ngainst every person whomsoever lawfully claiming or to claim the some or say past thereof, except as to the reservations from and exceptions to ec+nveyanee and warranty* when the context requires, singular nouns and pronouns include the plural. RVA 3RAINS, INC. i Bye RVa. SWUM MRRrff P.O.20X 19 POMINIo Texas 76x59 ACXg01fLRDGUM STATE OF TUAS COUNTY or DRN'MU 1 This instrument was acknowlodw,~d before me on this day of , 1951 by ft/A staillY ltssi=ss0 Of !VA 11AIN20 INC., Raown to = to be the person and officer whose now is subscribed to the foregoing instrument and acknowledged to sun that the am* was the , act of the said corporation. Notary Public, in and for the State of Texas My Commission Upirosi Deed•I i 16 ~ 1 . I AGENDA INFORMATION SHEET AGENDA DATE: July 13,1999 DEPARTMENTi CMO CMJDCM/ACM: Rick Svehle, Deputy City Manager SUBJ;CTj Rccei, 4 and consider a recemmentiatioe Itom the Interim Oversight Committee, BACKGROUND: Staff has been able to meet with the Interim Oversight Committee (Mr. Joe Mulroy, Mayor Pro Tcm Beasley) to talk about reallocation of existing bond fw'-ds. In the original issue there was a project called Masch Branch Ro,4 in the last year sale of the bond issue, for $1.187 million. Previous recommendations and actions by the Council have allocated $ 119,000 of this money for airport improvements and $800,000 for a public pri-,ate partnership for the road. That leaves approximately $270,000 that Is available. The County contacted us several weeks ago and asked If %v would participnie In the feasibility and the environmental evalution of the western loop. 't'his project ra:.s from 1.3.5 on the north all the way around the western side of the city and culminates at U.S. 371 (Fort Worth Drive). The County recently passed a bond Issue that set aside $500,000 for Oils study. Our additional funding will complete this study through level 2 funding wish TXDOT. This would be a major step toward realizing the ultimate construction of this facility. RECOMMEND.ITIOLNS; The interim committee and staff recommend approval j FISCAL. INFORMATIOYo Cost of this project would be 5260,000. Funds are available from the 1996 bond Issue. ' Respectfully submitted: Rick Svehla Deputy City Manager j Agenda July 13 Oversight Committee I f. U i i CITY OF DENrON TEXAS OFFICE OF THE CITY MANAOIR -2`15 L MoKl;my tfrnbD~nlon YAM" 74201 304 MEMORANDUM DATE: July 4, 1990 TO: Mayor and Members of the City Council FROM: Rick Svehla, Deputy City Manager SUBJECT: RECOMMENDATION OF THE OVERSIGHT COMMITTEE I was able to have separate conversations with Mr. Mulroy and Mayor Pro Tom Busby about allocating money for a joint study of the western loop from 1.35W to U.S. 377 around the western aide of the city. Both members were very eupportlve of thts project and recommend it highly to the Council. If there y questions, I wllt be happy ti try and answer them of your cor,venianoe. 'Pel Rick SvehIs Deputy CRy Manager RS of CC Apmdi Jury 13 Ovvi%pM ComndMee l j ..F JY~t . 0 U BOARDS/COMMISSION NOMINATIONS AIRPORT ADVISORY BOARD ApMdl L+p Dist Currrnt Member Nomination Term Council I Hal Jackson Hal Jackson 1997.49 Yoalg Approved 6122 2 Rick Wool folk Rick Woolfolk 1997.99 Durance Approved 6122 d Don Smith Don Smith 1497.99 Burroughs Approved 61'22 ANIMAL SHELTER ADVISORY BOARD Dist Current Member Nomination Term Council 7 Bob Rohr Bob Rohr 1997.49 Mayor (rcpresentadve ofanimat Approved 6 _weIrwv oryon"don 1 Joannie Housewright Paul Carberry 1997.99 Young (person works in daily Approved 6122 o don of animal ataelter 3 Lynn Stucky 1997.99 G^hran (licensed veterinarian 4 Veronica Rolen 1947.94 Kristoferson ei ollkial BOARD OFADJUSTMENT Dist Current Member _Nomination Term Council , 1 Tom Reece Tom Reece 1997.99 Young Approved 6122 2 Latry Coll ister Term Not Expired 1998-00 Durrance 3 Vacant Greg Muirhead 1999-01 Cochran A roved 6122 4 Vacant 1999-00 Kristolerson 3 Bob Manning Umt Not Expired 1998-00 Healey 6 Rachel Mays 1997.99 Burroughs 7 Joe Bendzlck lot! Bendzick 1997.99 Mayor A roved 6/22 k c. f. Alt. 1999-02 lr i Alt2 1999.01 A1t.3 1999-00 1 t Jy cCOMMUNITY DEVELOPMENT ADVISORY COMMITTEE Dist Current Member Nomination Tenn Council I Harry Bell Harry Sell 1997-99 Young Approved 6122 2 Lisa Polack 1997.99 Durrance (not tligible for ren mtmeal 4 James McDade 1997-99 Kristoferson {not eligible foe j rea intment 6 Roberta Donsbach 1997.99 Burroughs CONSTRUCTION ADVISORY & APPEALS BOARD Dist Speciality Nomination Term Council 1 Contractor Bill Redmon 1999-01 Young 2 1999-00 Durrance 3 Engineer Nicholas Kassa 1999-01 Cochran 4 Architect Alan Nelson 1999.00 Kristofersnn Approved 6/22 S Contractor Scott Richter 1999-01 Beasley Approved 6/22 6 _ 199940 Burroughs 7 1999-01 Mayor To the extent that l„ seas are availabl the Board shall consist of: A general contractor An architect or engineer An individual from the plumbing industry An individual from the electrical industry Two Individuals associated with construction, development or real estate An additional member The followin members of Previous boards have exprrAed an in'..st in servinit: Member Address ?hone _sualification .Byron 14oods 3821 Montccito 898.1053 Layman Hcnj _ if`_ 2248 Stone ate 243.1141 Contractor Frank Cunningham 3207 Bob-0-Link 382-U367 Plumbing Contractor Dave Rcynolds 2404 Gran Oaks 350.0038 Plumbing Contt rotor Doug Grantham 3939 Teasley #120 891.0995 Electrical Contractor , Penn McNeill 1500, (}a!eweod 591 6080 Engineer a~ Ra}mor.] Redmond 1 1125 Moue 323-2300 Layman The enabling ordirancc established 2 year terms but did not address how the terms fot the originating members would be established. Staff has assigned four positions with two-year terms and throe positions with one-year terms to establish the staggering of terms. 2 t ( I i DENTON HOUSING AUTHORITY Seat Current Member Nomination Term 7 Rosemary Rodriguez 1997-99 Miller 7 Bob Sherman 1997-99 Miller 7 Mark Chew 1997-99 Miller HISTORIC LANDMARK COMMISSION Dist Current Member Nomination Terns Council 2 Glen Savage 1997.99 Durrance 4 Barry Vermillion Barry Vermillion 1997-99 Kristoferson S Peggy Capps Peggy Capps 1997.99 Beasley A roved 6122 6 John Baines 1997-99 Burroughs 1 _ Bullitt Lowry Karen Allemathy 1997-99 Young 3 Bob Montgomery Bob Montgomery 1997.99 Cochran HUMAN SERVICES ADVISORY COMMITTEE Dist Current Member Nomination Term Council 4 Lynn Ebersole Lynn Ebersole 1997-99 Krislofersort Approved 6/22 S Catherine Bell James McDade I50-99 Beasley 6 Vacant Terri Rheault 1998-1% Burroughs Approved 6122 1 Mae Nell Shcphard Mae Nell Shepherd 1997.99 Young _ A roved 6122 3 Jerri Locke 1997.99 Cochran S Peggy Kelly Peggy Kelly 1997.99 Beasley Approved 6122 6 Kent Miller Kent Miller 1997-99 Burroughs 7 Elinor lluitics Elinor Hughes 1997.99 Ma}vr Approved 6/22 r r d~ ~ 3 c KEEP DENTON BEAUTIFUL BOARD _ Dist Current Member Nomination Tenn Council 1 Vacant Cathedno Bell 1998-00 Young 3 Alice Gore Alice Gore 1997-99 Cocluan 4 Kevin Kasparek Kevin Kasparek 1997-99 Kristoferson A roved 6/22 S Geri Aschenbrenner Geri Aschenbrenner 1997.99 Beasley A roved b122 1 Vernie Wilson Vemie Wilson 1997-99 Youn 2 Vacant KaN Randolph 1997^99 Durrence LIBRARY BOARD ! Dist Current Member Nomination Term Council 3 Linn!e McAdams Ken Ferstl 1997.99 Beasley A roved W22 6 hfichiko Hayhurst Michiko Hayhurst 1997.99 Burroughs 6/22 A 22rov 1 Lelean Brown Wean Brown 1997.99 Young 2 Carroll Trail 1997.99 Durrance PARKS AND RECREATION BOARD Dist Current Member Nomination Term Council 3 Don Edwards Don Edwards 1997.99 Beasley Approved b/22 , 6 Willie Hudspeth Corina Ramos 1997-99 Burroughs 3 Dale Yeatts Term Not Expired 1998.00 Cochran 7 Dalian Gregory Dalton Gregory 1997.99 Mill" Approved 6/22 2 Vacant Brandon Barnes 1998-00 Dun-xxe 4 New Position Brenda Phillips 1999-00 Kristoferson 1 New Position Gwendol Caner 1999-01 Youn r' I 4 u , f PLANNING AND ZONING COMMISSION Dist Current Member Nomination Term Council 4 Elizabeth Gourdie Elizabeth Gourdie 1997-99 Kristoferson Approved 6122 7 Susan Apple Susan Apple 1997-99 Mayor Approved 6122 1 Bob Powell Bob Powell 1997-99 Young 2 Rudy Moreno Rudy Moreno 1997-99 Durrance A roved 6/22 6 Carol Ann Ganzer 1998.00 Burroughs PUBLIC UTILITIES BOARD _ Dist Current Member Nomination Term Council Dick Norton Dick Norton 1995.99 Approved 6122 Bob Coplen Bob Coplen 1995-99 Approved 6122 Bill Giese Term Not Expired 1996-00 George Hopkins Tenn Not Expired 199M2 Charldean Newell Term Not Expired 1997.01 Ncw Position Jim Wilson 1999-00 A roved 6/22 New Position Joe Mulroy 1999-01 Approved 6122 TMPA BOARD OF DIRECTORS Seat Current Member Nomination Tcrm 0 Bill Giese 0s 1997.99 ALL • Nominations - Sandy Kristorerson/Mike Jcz TRAFFIC SAFF:T1' COAIMISSION Dist Current Mernbcr Nomination Term Council 3 Carolyn Bacon 1991-99 Cochran (not eligible for rem inrment 4 Harry Phillips 1991.99 Kristoferson / jr S Charles Ridens Charles Ridens 1997.99 Beaslcy A roved 6/22 ' 7 Jim Hobdy Pal Cheek 1997.99 Mayor 5 i i We 33,1999 City or Denton City Council Dear Mayor and meutbersufCityCouncil; Please taepl this Mier as my reslpnatfon Rom the Planning! %oning Cnmmt vinn of the City of Denton. I have tine year 10 on my lemt, btu due to a big change about to happen [Amy life, I fwl Ihls h the best time to reslon. I am gelling marred In the All, and we will be moving twt of the City of Ikrtun to Lakf Nllas or Corinth, &esuse t do not know the exact timellnc you are working no with boards and eomml sslons nominations. I can make my last meeting on luly 21, ra'rtugust 11, 1099. Ple*%c ki me krwtw which will be NO, 1 rewlly appreciate the opportunity I have had to servo our wonderful city, and I cherhh the friendships I Nye mad. by being a eommisslow, If you Nvc any bust loos tx comments please feel free to 011 me. My woA Il is 3113-2570, haute 5M.L , /1lM~ewly, Caro Ann Q 7.ef G 80'd t0l1LilLiB 9ti+f~tl9d~lltlnl`NaA• kV Clart 66-29-HMr a I G ' t t! i i AaMd~ Ap* Dsle_ AGENDA INFORMATION SHFET AGENDA DATE: July 13,1999 DEPARTMENT: City Manager's Office CWDCMIACM: Rick Svehis, Deputy City Manager SUBJECT: Consider closing Texas Street at the Union Pacific tracks In exchange for a permanent crossing at Nottingham at the Union Pacific tracks. BACKOROUND: The staff has been working with the railroad for two years to acquire a new crossing for the new NottinghamlAudra connection, The railroad requirements for new crossings have changed significantly during this time. New requirements are for every new crossing three are expected to be closed, Staff has successfully negotiated the closing of one street crossing and one private crossing. Traffic counts were made on Mockingbird, Pertain, Willis, Texas, and f=rame streets, Two neighborhood meetings were also held to talk abut closing Willis or Frame. At those meetings the attendees didn't went to close either Frame or Willis. At each meeting closing Taxes was discussed. Of all of the traffic counts Texas ranks as the lowest. Of the 981 vehicles counted that use this crossing, staff estimates that 90% or 885 vehicles are city vehicles, employees, or other city related traffic. Given these facts and the railroad's willingness to reduce their crossing requirements, staff recommends closing Texas Street. RECOMMENDATIONS: The staff recommends closing Texas Street and Acme Brick's private entrance in exchange for the Nottingham street crossing. FISCAL INFORMATION: Cost of the new crossing will be approximately $200,000. Funds are available from the 199e Bond Issue. Respectfully submitted: Rick Svehla Deputy City Manager ' t CfTY OF DENTON, TEXAS INTEROFFICE MEMORANDUM _ CITY MANAGER'S OFFICE MEMORANDUM TO: Mayor and Members of the City Council FROM; Rick Svehla, Deputy City Manager DATE: July 13, 1999 SUBJECT: Railroad Crossings On July 8th we recelved the attached fax from Union Pacific. It Is the breakthrough that we've been waiting for. The Engineering Staff has been negotiating for over two years for the Nottingham crossing. During that time the railroad's demands have been as high as closing three crossings for every new one being granted. Council may recall that two neighborhood meetings were held. Principally they were held to discuss closing WIlis or Frame. In both cases the citizens didn't like those options, in each case Texas was mentioned as an alternative. Subsequently, staff counted the traffic on Texas Street. On January 14, 1999, 981 vehicles crossed the railroad at Texas Street, This Is the lowest count of all of the streets counted, Further ` more, on that same day we also counted the traffic using the west entrance gate to the service center. That count was almost the same. That means that a very large portion of the traffic using the Texas crossing Is city related. Staff estimates approximately 90%. Since Texas Street has the smallest count by over 500 vehicles and almost all of it is city related traffic, we believe this Is the best crossing to close. If you take Into account the railroad's reduced requirements we think this is the best offer that we will get. The staff feels that if we continue to negotiate we won't be able to find a better opportunity In fact we believe the railroad will be more demanding in the future. Therefore, staff suggests that we accept the offer made by the Union Pacific Railroad, i r' RiQSveh Deputy City Manager 'WraieJid Oaloty SorliM" i STE VLN W MA9rCIILNKE UNION PACIFIC RAILROADCOMPANY MG U.IPFPRU R, SPMAL PKOJr:Crs iI!)£AIAx£A 101 S(A.rI R WAT'SON ROM Ulk, 1ND(.1TR r?(n1UC PR(V AR IAI INYON, 7L\ 15 7601 u 1416 1 STREET Rid 9 1030 S 17-171.4f9a (1~5IA1 1A l~\ NE NE IIRAS KA 65179 40.1714357 MEMORANDUM Or UNDERSTANDING JULY 8, 1999 File: Crossing: Public: NEW Te%as, Denton Nottingham MP 717.17 - Choctaw Subdivision DOT NO. - To Be Assigned Please allow this fetter to serve as !'Se Union Pacific Railroad's (UPRR) commitment to The City of Denton to grant a 70' easement across its right of way for the proposed new Nottingham crossing Let it also be understood that the City of Denton will close Texas Street, located at MP MAO and Acme Brick's private crossing at NIP 72069, for the new above-mentioned project The City of Denton will be responsible for the cost of the installation of automatic warning devices as well is the crossing surface for the new crossing. Since the city of Denton has agreed, as per this memorandum of understanding, to close both Texas Street and the Acme Brick private crossing on this day, the UPRR will help offset the cost of the surface portion of the new crossing at Nottingham. In the event that another new crossing is requested and other crossings are closed, the UPRR is willing to work with the cf;yon the cost associated with these projects There are funds available (7,500 00 for each public crossing) from the Texas Department of Trnsportation (TXDOT) h+ conjunction with crossing closures. TXDOT funds can only be used for roadway enhancement to the City o. it's contractor in direct billing form, The UPRR is dedicated to working with the cities and contmuaities though which operates. The safety of the motoring public and our employees are a number one priority with the UPRR. The proposed improvements to the Int'rastruclure, and the possible crossing closures associated with them, in the dty of Denton are directly in line with The Federal Railroad Administration's goal of reducing highway-rail grade crossing accidents and The United States Department of Transportation's goal of reducing 25% of the nations highway tail-grade crossings. Sinctrely, A, g N Steven Martcllcnke 'J(V 817.878.4596 o PUBLIC HEARING CITIZEN INPUT "Willis Street Railroad Crosslat" Proposed Claim August 6,1998 • Overview by lorry Clark, Director of Engineering do Transportation, City of Denton • Questions Ik • Fulton if closed would make access to other new or existing roads, so those in area are inconvenienced the least" I • Citizen comments - tie Ruddell to Pertain - keep open Texas - negotiate private crossing - Sparks (lo I Crossings -1 Underpass) C. Young said wait for CIP to request overpass at Nottingham and get more money - Will vote for people - doesn't want to close anything • M. Davis said to wait for overpass on Nottingham • 1. Bruning said do not close Willis and Frame - works at TWU goes to McKinney then Bell and would be too long around- do not build Nottingham • B. YowelI said to leave alone - doesn't serve our Interest - don't close Willis and Frame - is essential in getting north } w. f t a 1 i PUBLIC HEARING CITIZEN INPUT "Frame Street Railroad Crossing" Proposed Closiog July 30,1498 is In unison, Citizens requested closing Willis and Texas • Staff briefed group on Nottingham project with no overpass • Notification is major issue • Union Pacific Railroad, having eminent power, requires closing of 2 old crossings for 1 new one • Issues of City of Denton vehicles in closing Willis and Texas o Ms Kephart questioned circulation to grocery store, DISD buses, etc • J. Johnson suggested lowering railroad all through town • Mr. Hall suggested closing Texas and Willis and making an overpass on major roadway • J. Johnson said to take one lawyer and assign to raitmed,issue with abandoning old alley • J. Johnson said closing Frame will divide city, setback S0' on railroad is too much • Bi11 Christian asked for "Children at Play" and 20 MPH signs • Linda King said in closing Frame Street, you are dividing and separating the Ciry, • Mr. Grey said Frame is the major north and south route; property is worth approximately $750,000 on tax rolls. Without a 51,000,000 overpass, the property will be worth S0. Access off Frame to north ok - from south not wide enough and residential - Can't get out or south on Frame/McKinney Ms. Muniz, who lives on Wood street S houses • Mr. Christian said guard rail on bridge Is too narrow - two can can't turn - how to access to Pertain needs to replace Willis - Rick Svehla mentioned City access Paisley to go to Frame or to the south + J. Johnson said get an attorney at the City Council hearing to study and give report on railroad issues • W. Ray said to took at other at; .s In town to close crossings. How many crossings could be closed? • Mr. Grey asked when will it gc to Council a Staff sald 0 week in August to work aelon -early public bearing I" Tuesday in September, i • C. Guiterre: said don't give up Texas • S. Kephart said petition to Washington about railroad to get railroad crossings changed -,rew papers, J railroad, TV, etc - public camnalgn t t, i+ f Transportation Dc-pt Memo To Rick Svehla, Deputy City Munger Fnxo Jerry Clark, Director of Engineering and Transportation Date. 01124/98 Re Railroad Crossing Permits for the Nottingham Extention from Mingo to Audra The Capital Improvements Program contains the Nottingham extention that wili link up Nottingham with Audra Lane, That extemion will require a new railroad crossing including the safety signals, concrete crossing planks, etc. The Union Pacific Railroad 6 asking that 2 existing crossings be given up in exchange for the new one They have stated that the two for one exchange Is their standard operating procedure This Is especially true in heavily urbanized areas where the demand for crossings and the potential for train/car conflicts are both higher. The primary reason to consider the two for one request from Union Pacific is thou they will Issue the permits in a reasonable time fame. The chances of getting a one for one exchange are much lower and will take several years of negotiations The enclosed schematic shows the new crossing at Nottingham Tire city map attached also shows the many existing crossings of the Union Pacific tracks along Mingo between Old North Road and Mckinney Street. The counts for the crossings that were considered for closing are marked. The counts on Willis and rrame seem to be the lowest average daily traffic counts. Both 1 streets have traffic that could easily use another route or have heavy cut thtrou3h traffic. Willis has a count of 15 19 but that inckWes about 500 plus trips from City vehicles or city employees in their private can. We did some manual counts on Frame Sued to determine how many cut through trips it has each day. We studied two peak hours that had 45% one hour and 541/o the other. The average is about SOW/e which means that about 641 trips out of the total ADT of 1282 are cut through trips that adversely effect the neighborhood. Frame has a cotes of 2016 near Mingo but many of those go to Paisley and feed to streets to the ev t. Relocating those can to Texas will bring those cos down Rose Stred to teach Paisley. That lc workable but is r a different route ' ' Af Mockingbird has a count of about 3600 vpd, Texas sired has a count of 1969 vpd which would rise if Willis is close!. sntd Pertain has a count of 2044 vpd. These counts show that • Pap. I J ' t, Frame and Willis are the lowest volumes. Frame also hu line of sigft problems and doesn't line up exactly with Withers on Mingo Road Both,,( these !sauce can crate safety problems. Willis Is significantly twty from any major housing concentrations, Oyer a third of its existing traffic Is tiara City related trips that can eWly be rowed to Texas Street. The Elecdic Department also deems to have some lntetest in using the land at the north end of Willis They prefer that the traffic be eli mimed in the area to maximize their use of that land, Mockingbird and Frame ere shown u collectors on the proposed Thoroughdue Map. Frame, Texas, and Willis are shown u residential gma only. Teru bes the higher traffic volume and provides a more carnal access to the neighborhood and the one minl-warelmse In this area. We have attempted to provide some basis that would support the closing of Willis and Frame to allow the new crossing at Nfottinghiam. We will ask the Railroad to race some of the signal equipment that world be available to reduce our cat on this project since we are giving up the extra crossing. The rolocuion of those trips hu some economic impact on the citizens of Demon. The safety that 6 gained by the Railroad and the molatists that crow It is the primary positive in this endeavor. Helping us reduce our cost on the project by rousing any and all parts th m are possible from the existing signals Is a major issue that we should push the L%ian Pacific Railroad to accept. 1 a, { t` ff~ O Papa 2 N Nottingham Railroad Crossing Exhibit Q.1,8, Etq 8 Trrtpotttxbn • IA>tp 8aN t•.2000R h f a i t51, r i00e 12f - r _ -MOM- I I~ i s~ E l Jut)' 21, 1998 .Named "Street' aCityj~. aS1rtC4 "'Lips Dear "Kamen, The Ctty of Denton would like to In%lie you to attend a public hearing on the proposal to close the frame Street Railroad erasing. Because of the extension of, major arterial road across the railroad, the Ott of Denton has been required to limit the number of railroad erossinls due to a new program that the railroad his implemented to reduce the number of milroxi ctncstngs inside cities. The Railroad is striving to limit crossing exposures in heavily whanized areas. The Frame Street crossing has been proposed for closing due to the fact Chit it has one of the lowest rates of usage, with close to half its usage as a short cut. Also. there are other nearby crossings that could be used If the frame crossing were elored, such as'fexu Suet and Bell Avcruc• A public haring to receke Input on this closing Is ullyduled for Jut), 30,199 the Sullivan Keller Center, l115 Davis Street. The meeting will begin at 7:30. if you cannot attend and would like to comment ur this issue, please teal free to contact Jerry Clark cr Lois Scobee at 349.1358 or you ma} tttite to their attention. 221 N. Elm, Denton. I X 7620t a Sincerely, iletry C lark, Director of Enginecting c,r jr,\ e le'a Wtei a et•Ie-11 lsatelIM 1109 MIA 91004111 hrle IMOe/ r G • ~r~•ss~ - ..a C ~ C9Y DA"v%~ Y * 7 s`ao st -750f y ew4 fr C o ~~r f~u cob, 1 v~ , (?15 ~ l~.e~A.~' --'7 ~ xG•.a~~ ,1,o f~ ~►•rrwt ~ fl~SD th...~e.e . 1~tuQ t-l,Q~~ '~.~~,G~r L W~-lww •'ovK,~.~a A"' t ilrc~ 44/M IA~ t, i I 042- XWC SIGN IN SHEET NAME ADDReSS PHONE C,- d e, 1-7 c,) o r 1- 1 .17 v A 1 i I HANDOUT TO COUNCIL- 7/13/99 July 13, 1999 City Council Meeting City Ball Denton, Texas Dear Council Members: it concerns me throt hundreds of Westgate residents must continually appear before the Planning and 7oning Committee and the City Council to voice their opposition to Student Housing along Bonnie Brae and Windsor in Denton. The Westgate Neighborhood Association has voted unanimously to oppose Student Housing. We are not in opposition to Multi-Family housing. In fact, we supported the reduction from current SF-10 lots to the currently being developed SF-7 lots along the southside of Windsor Drive, We understood in 1986 that Multi-Family zoning would bring apartments, duplexes, or condominiums to the area with a service type business at the corner of Bonnie Brae and Windsor. This downsizing made sense then and it makes sense now. Doesn't that ruling take precedence here? The Northlakes Neighborhood Association has also unanimously voted to support uQ Student Housing in the Bonnie Brae and Windsor area, if you have visited the site locations being proposed by Mesa and Fairfield Housing you "ill quickly realize the importance of keeping this a "family" oriented neighborhood community. Our combined opposition is not to stop development in Denton, quite the contrary, we want quality living in an important area of Denton that will attract new residents and appeal to visitors to tha city. Please do not be "bullied" and "threatened by developers who do not have the best interest of the Denton community at heart. 1 desire that Multi- , family zoning be better defined. In my own neighborhood on Carriage Hill, 1 have 8 students living in one house and have been told by Code Enforcement that it is perfectly legal, Ilow can this be in a neighborhood zoned foi "family" living? Something needs to change nowl , Sincerely, 1 Randall E. Schumacker 2227 Carriage Ilill Dentoa, Texas 76207 1 f 1 1 END OF FILE w 1