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HomeMy WebLinkAbout07-20-1999 1 U 1 July 20,1999 Agenda Packet l t, E. AGENDA CITY OF DENTON CITY COUNCIL July 20, 1999 After 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 20, 1999 at S:15 p.m. in the Council Work Session Room at City Hail, 215 E. McKinney, Denton, Texas to consider specific items when these items are listed below under the Closed Meeting section of this agenda. When items for consideration are not listed under the Closed Meeting section of the agenda, the City Council will not conduct a closed meeting at 5:15 p.m. and will convene at the time listed be;>w for its regular or special called meeting. Council reserves the right to adjourn into a closed meeting on any item on its open meeting agenda consistent with Chapter 351 of the Local Government Code as set forth below, 1, Closed Meeting; A. Consultation with Attorney- Under TEX. GOV'T, CODE See, 551.071, 1, Discuss status, hiring of outside law firm, mediation, and possible settlement authority in litigation styled Furrtenberg Construction Company v. City of Denton, et al., Cause No. 98.20716-158, pending in the 158` District Court of Denton County, Texas. h 2. Discuss and consult with the City's Attomey, including outside legal counsel, litigation styled City of Denton v. Denton County Fresh Water Supply Distrlet No. IA and Denton County Freth Water Supply District No. S, Cause No, 99.40158.362, filed in the 362s 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 WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS FIELD IN COMPLIANCE WITH TEX, GOVT, CODE CH, 531, 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 551,071-531.085 OF THE OPEN MEETINGS ACT, Regular Meeting of the City of Denton City Council on Tuesday, July 20, 1999 at 6:00 p.m, in the Council Chambers at City Hail, 215 E. McKinney Street, Denton, Texas at which the fetlowing items will be considered: r 1, Pledge of Allegiance A. US, Flog B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and Indivisible," 1 . r, 1 City of Denton City Council Agenda July 20, 1999 Page 2 e 2. Consider approval of the minutes of February 2, February 9, February 16, February 23, March 2, March 23, March 29 and March 30, 1999. A WARDS/ PROCL.ANIATIONS 3. July Yard of the Month Awards 4, Resolutions of Appreciation A. Senator David Sibley B. Senator Jane Nelson C, Representative Mary Denny D. Representative Ronny Crownover B. Representative Burt Solomons CITIZEN REPORTS 5. Receive a citizen report from David Zoltner regarding Open Meetings after the 76th Legislature. i 6. Receive a citizen report from Willie Hudspeth regarding drainage easements at 623 Newton Street. CONSENJ GENOA Each of these items is recommendix! by the Staff and app- vat thereof will be strictly on the basis of the Staff recommendations, Approval of the Consa_t Agenda authorizes the City manager or his designee to Implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise , questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Consent Ag. tda (Agenda Items 7.16). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Cunsent Agenda. If no items are pulled, Consent Agenda Items 7.16 below will be approved with one motion. If items are pulled for separate discussion, they will be considered as the first items under "Items for Individual Consideration". 7. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the cons?ruclion of sidewalks; providing for the expenditure of funds therefor; and providing an effective date. (bid 02368 - Bell Avenue, Kings Row and Drive Sidewalks, awarded to Floyd Smith Concrete, Inc, . $162,029.65) S. Consider adoption of an ordinance awarding a contract for the purchase of high tech r'~ A materials, supplies and services necessary for the net connect system as approved by the r J;_ \ + State of Texas General Services Commission through a qualified information services vendor (QISV); providing for an expenditure of funds; and providing an effective date. (P.O. #96239 to DenTech • $32,400) 9. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of waler distribution suppliers; providing for the expenditure of t . c City of Denton City Council Agenda July 20, 1999 Page 3 e funds therefore; and providing for an effective date. (Bid #2362 - Water meter boxes, manhole rings, lids and risen aAardcd to the lowest bidders listed - annual estimated expenditure $300,000) 10. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of printing, typesetting, distribution and advertising sales services; providing for the expenditure of funds therefor and providing an effective date. (Bid #2370-Parks and Recreation Brochures - awarded as listed - estimated net cost 527,693) 11. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of equipment trailers; providing for the expenditure of funds therefore; and providing for an effective date. (Bid #2373 - Equipment Trailers to Future Equipment - $41,647) 12. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of street maintenance equipment; providing for the expenditure of funds therefor; and providing an effective date. (Bid #2374 - Recycler Stabilizer to Progressive Tractor Corporation - $185,342) 13. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase or a loader/backhoe tractor; providing for the expenditure of funds therefor; and providing for an effective date, (Bid 2377 - LoaderMackhoe Tractor- Cresent Machinery - $63,633) 14. Tax Rerund to Denton Publishing Company, dba Denton Record Chronicle In the amount of S 1.135,77, , 15. Consider adoption of an ordinance of the City of Denton, Texas, providing for temporary zoning to Agricultural (a) zoning district classification and use designation for annexed property Tract #1 for approximately 1,952 acres, located at the southwestern edge of the City of Denton's extraterritorial jurisdiction, between Crawford Road and Lively Road, approximately 5,800 feet west from t-33W, and east of Florence Road; providing for a penalty in the maximum amount or $2,000.00 dollars for any violation thereof; and 1 providing for an effective date. 16. Consider adoption of an ordinance of the City of Denton, Texas, providing for temporary zoning to Agricultural (a) zoning district classification and use designation for annexed property Tract #2 for approximately 123 acres approximately 1,000 feel In width extending north from Crawford Road, and extending to the west approximately 5,900 feel from 1.33W; providing for a penalty in the maximum amount of 52,000.00 dollars for any violation thereof; and providing for an effective date. PUBLIC HEARINGS 17. Hold a public hearing and consider approval of a resolution granting approval of a subsurface use of a portion of North Lake Park adjacent to Windsor for the Installation and maintenance of communication Improvements to accommodate a fiber optic communication line in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of it permit or license and providing an effective date. 1 ~ I I t 1 t, ~I 1 ~I I I City of Denton City Council Agenda July 20, 1999 Page 4 18. Hold a public hearing and approval of a resolution granting approval of a subsurface use of a portion of the Denton Branch Rail/Trail approximately 600 yards north of the Shady Shores overpass for the installation and maintenance of wastewater improvements to accommodate an 8" sanitary sewer line In accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the issuance of a permit or license and providing an effective date. 19. Hold a public hearing and consider approval of a detailed plan for Planned Development 129 (PD-129) totaling 15.147 acres. The property is legally described as being 15,147 acres in the B.B.B. and C. R. R. Company Survey (Abstract 186) in the City of Denton, Denton County, Texas, It is located west of Stuart Road, north of Wolftrap Drive, south of Aspen, and east of Lido Way. The proposal is for 29 single-family detached lots and 41 duplex lots (totaling 82 units). The Planning and Zoning Commission recommends approval (4.3). (Z99-034, Olympia Crock Court) 20. Hold a public hearing and consider adopting separate ordinances to annex and zone a 75.71 acre tract located on the south side of McKinney Street and directly opposite of Trinity Road, presently in the City of Denton's ETJ. (A-84, Trinity Meadows) A, Consider adopting an ordinance on second reading to involuntarily annex the subject 73.71 acre tract; to approve a service plan for the annexed property, to provide a severability clause and to protide for an effective date. This Is the second reading of the ordinance, The Planning and Zoning Commission recommends approval 7-0. B. Hold a public hearing and consider adopting an ordinance to zone the subject 75.71 acre tract'o an agricultural (A) zoning district. The Planning and Zoning , Commission recommends approval 7.0. 21. Hold a public hearing and consider adopting separate ordinances to annex and zone an 83.75 acre tract located on the northwest comer of Loop 288 and Stuart road intersection, presently in the City of Denton's ETJ. (A-83, Mesquite Meadows) A, Consider adopting an ordinance on second reading to involuntarily annex the subject 83.75 acre tract; to approve a service plan for the annexed property, to ` provide a severability clause and to provide for an effective date. The Planning and Zoning Commission recommends approval 6.1. B. Hold a public hearing and consider adopting an ordinance to zone the subject 83.75 acre tract to an agricultural (A) zoning district. The Planning and Zoning f Commission mommends approval 6.1. i~ 22, [fold a public hearing and consider adopting separate ordinances to annex and zone 19,902 acre tract located on the south side of Edwards Road, approximately 2,000 feet west of Swisher Road, presently in the City of Denton's ETJ. (A-86, Lubber$ Addition) A. Consider adopting an ordinance on second reading to invohtntarily annex the subject 19.802 acre tract; to approve a service plan for the annexed property, to t City of Denton City Council Agenda luzy20,1999 Page 5 provide a severobility clause and to provide for an effective date. The Planning and Zoning Commission recommends approval 4.1. B. Hold a public hearing and consider adopting an ordinance to zone the subject 19,802 acre tract to an Agricultural (A) zoning district. The Planning and Zoning Commission recommends approval 4-3. 23. Hold a public hearing and consider rezoning 4401 East McKinney Street from an Agricultural (A) zoning &strict to a Light Industrial (LI) zoning district. The 2.39 acre property Is located on the northeast comer of Mayhill Road and McKinney Street. The proposal Is to permit the operation of an existing commercial business. The Planning and Zoning Commission recommends approval (7.0) with conditions. (Z-99-027, The Auto Clinic) 24. Hold a public hearing and consider rezoning 2,13 acres from an Agricultural (A) zoning district to a Commercial (C) zoning district. The subject property Is located on the south side of 1-35 East and south of Lillian Miller Parkway, immediately west of Carpet Max. The proposal is to permit the development of commercial business. The Planning and Zoning Commission recommends approval (4.0) with conditions. (Z-99.030, Carmel Properties) 25. Hold a public hearing and consider rezoning 17.692 acres from an Agricultural (A) I zoning district to a Commercial (C) zoning district. The subject property Is located on the north side of 1.35 East from Pockrus Page Road to Mayhill Road. The proposal is to permit commercial businesses at this location, including the exiii:ing manufactured home retail outscl, The Planning and Zoning Commission recommends approval (6-1) with conditions. (Z-99.033,1.35 E and Mayhill Road) 26. Hold a public hearing and consider amending the conditions of Ordinance 98.255, which established a 1.831 acre conditioned Office (O(ej) zoning district. The subject properly is located on the east side of Teasley Lane (F. M. 2181) approximately four hundred and seventy-five (475) Net south of the Bent Oaks Subdivision and Is commonly known as 3517 Teasley Lane. The request is to add two land uses, specifically a veterinarian clinic (with no outside runs or pens) and a nursing home or residence borne for the aged, alter the sign conditions, and allow for an alternative bufferyard. The Planning and Zoning Commission recommends approval (7.0) with conditions. (Z-99-038, 3$17 Teasley Lane) 27. Hold the second of two public hearings regarding the proposed voluntary annexation of 167.477 acres located southeast of the intersection of Rcbinson Road and Teasley Lane (FM 2181) in the extraterritorial jurisdiction of the City of Denton, Texas. The proposal is to develop the property for single-family residential and commercial development. (A- 89, Wheeler Ridge) jWIS FOR INDIVIDUAL. CONSIDERATION 28. Consider adoption of an ordinance authorizing the City Manager to execute a contract for professional legal services with Wood, Thackr;r & Weatherly, P.C. to provide legal i services with regard to litigation styled Furstenberg Construction Company v. City of Fr i City of Denton City Council Agenda July 20, 1999 Page 6 Denton, et at, Cause No. 98.20716.1587, filed in the 158'" District Court of Denton, County, Texas; authorizing the expenditure of funds therefor and providing an effective date, 29. Consider adoption of an ordinance authorizing the City Manager to rile an application, execute a grant, and subsequent amentlments with the U.S. Department of Transportation Federal Transit Administration for Project No. TX-90-X474, a grant authorized by 49 U.S.C. Section 5307; and providing an effective date. 30. Consider adoption of an ordinance amending the schedule of electric rates for electric service contained In Ordinance No. 98.262; amending temporary service schedule (T1); providing for repealer; providing for a severability clause; providing for retroactive effect of the amendment respecting schedule (11); and providing for an effective date. 31. Consider approval of a resolution requesting the Texas Natural Resource Conservation Commission hold a public hearing concerning the transportation of hazardous waste materials by Union Pacific Railroad through the City and County of Denton, Texas; and providing an effective date. 32. Consider approval of a resolution amending Resolution No, R99.022 adopting limitations on acceptance and processing or applications for establishment of multi-family dwellings to provide for additional exemptions for pending applications for permits for multi-family dwellings; providing a severability clause; providing a savings clause; and providing an effective dale. 33. Consider nominations/appolntments to City Boards and Commissions, 34. Miscellaneous Matters from the City Manager. 3S. New Business , This item provides a section for Council Members to suggest items for future agendas. 36. Possible continuation of Closed Meeting under Sections 551.071.551.085 of the Texas Open Meetings Act 37. Official Action on Closed Meeting under Sections 351,071.351.085 of the Texas Open Meetings Act. CERTIFICATE 1 certify that the above notice of meeting was posted on the bulletin board at the City Hall of the t t City of Denton, Texas, on the day of. 1999 at o'clock CITY SECRETARY Y . ` r ca City of Denton City Council Agenda July 20, 1999 Page 7 NOTE:THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCOkDANCE WITH THE AMERICANS WITH DISA131LITIES 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 l•8m RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. F, i u i CITY OF DENrON CITY COUNCIL MINUTES Appda rJ February 2, 1999 _ Dail After determining that a quorum was presect and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, February 2, 1999 at SAS S P.M. In tbe Council Work Session Room at City Hall. PRESENT: Mayor Pro Tom Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: Mayor Miller L Closed Meeting; A. Conference with Employees - Under TEX. GOVT. CODE Sec. 551.073. The Council received Information from employees during a staff conference or briefing, but did not deliberate during the conference. B. Deliberations regarding Real Property - Under TEX. GOVT. CODE Sec. 551.072; and Consultadon with Attorney - Under TEX. GOVT. CODE Sec. 551.071. 1. Discussed and gave staff direction regarding the possible condemnation of Missouri Pacific Railroad Right-of-Wey to provide a stmt crossing for Nottingham Drive. Regular Meeting of the City Council on Tuesday, February 2, 1999 at 6:00 p rrin the Council Chambers of city Hall. PRESENT: Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Durance, Kristoferson and Young. ABSENT: N rMiller 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2. The Council considered approval of the minutes of November 3, November 9, and November 10, 1998. Young motioned, Kristoferson seconded to approve the minutes as presented. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durance "aye", Kristoferson " a e" "aye" Motion carried unanimously. Y ,and Young PRESENTATIONS/AWARDS 3. Proclamations Mayor Pro Tem Beasley presented a proclamation for American Heart Month. I i c, I City of Denton City Council Minutes February 1999 Page 2 4. February Yard-of-the-Month Awards Mayor Pro Tem Beasley presented the foltowing February Yard of the Month Awards: Bob and Juliette Nichols Gary and Meloney Watson Calloway's Nursery S. Texas Recycles Awards Jan Dixon, Chair-Education Committee for Keep Denton Beautiful, made presentations to the winning schools and Individuals. CiTIL.EN REpORTy 6. The Council received a report from Desste Goodson regarding pedury, responsibilit I and the truth, y, Ms. Goodson stated that she wanted to postpone her report until tha next council meeting, NOISE EXCEPTIONS 7, The Council considered a request for an exception to the noise ordinance from the Krum Rodeo Club orthe North Texas High School Rodeo Association for their annual rodeo to be held at the North Texas State Fairgrounds on Friday and Saturday, February 5th and 6th until 1:00 am, and on Sunday, February 7th from 2:00 p.m. to 6:00p.m. Young motioned, Burroughs seconded to approve the request, On roll vote, Beasley "Aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristorerson "aye', and Young "aye", Motion carried unanimously. CONSENTA .ENbA Burroughs motioned, KHstofcrson seconded to approve the Consent Agenda and accompanying ordinances. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristorcrson "aye", and Young "aye". Motion carried unanimously. S. NO. 99-025 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR ROADWAY BORES UNDER UNIVERSITY AT ELM AND UNIVERSITY AT LOCUST; PROVIDING FOR THE EXPENDITURE OF l J'" I FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 02327 - BORES, UNIVERSITY DRIVE AT ELM AND LOCUST IN THE AMOUNT OF $77,605) I I • I i City of Denton City Council Minutes February 2, 1999 Page 3 9. NO. 99.026 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF EMERGENCY MEDICAL SERVICES (EMS) SUPPLIES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 42311 - EMS SUPPLIES AWARDED AS LISTED ON ORDINANCE EXHIBITS A, B, AND C, ESTIMATED ANNUAL EXPENDITURE IS APPROXIMATELY $120,000) 10. NO.99.027 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF PLAYGROUND STRUCTURES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 42326 - PARK PLAYGROUND STRUCTURES, MODLIN RECREATION EQUIPMENT, INC, IN THE AMOUNT OF 539,171) 11. NO. 99-028 AN ORDINANCE AMENDING ORDINANCE NO. 98.415 BY CORRECTING THE DESCRIPTIVE CAPTION OF THE ORDINANCE AND SECTIONS 1 AND III TO CHANGE THE REFERENCE TO ORDINANCE NO. 96.014 TO 94.183, AS AMENDED, REGARDING SECURITY FOR CITY COUNCIL MEETINGS; PROVIDING A SEVERABILITY CLAUS;; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY NOT 70 EXCEED $500.00; AND PROVIDING FOR AN EFFECTIVE DATE. PUBLIC HEARINGS 12, The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, amending Chapter 35 "Zoning" of the Code of Ordinances of the city of Denton, by revising Section 35.7 "Amendments" and Section 35.44 "Notice of public hearings", providing for new slanddtds for public notification procedures used to advertise public hearings required when the boundaries of roning districts or the regulations established related to zoning are amended, supplemented, or changed, or when zoning variances, appeals, or special exceptions arc made; requiring the use of certified mail to notify property owners located within 200 feet from a property where a zo ting change, variance, appeal, or special exception Is requested; requiring the use of first clau mail to notify property owners located within 500 feet or a property where a zoning change, variance, appeal, or special exception is requested; requiring the posting of signs advertising public hearing dates on properties where a zoning change, variance, appeal, or rpecial exception is requested; by adding Section 35.56 "Access to A Property/Remedy for Removal of Sign"; providing the removal of a eign pc,sled per this ! r~ ordinance constitutes a violation of law; repealing Ordinance 79.62; providing a penalty in the maximum amount of $2,000.00 for violation, thereof; providing a severability clause; providing a savings clause and providing for an effective date. (The Planning & Zoning Commission recommended approval 7.0.) Items 32 and 13 were considered together, { t . t City of Denton City Council Minutes February 2, 1999 Page 4 Dave Hill, Director of Planning and Development, stated that this would improve the public hearing notification procedures. The Planning and Zoning Commission recommended approval 7.0. The only item changed was that Individuals who received oRiciai notification from the City might be considered intimidating. Staff had asked to put something on the outside of the envelope to indicate that it was a notification of a public hearing. The Mayor Pro Tern opened the public hearing. Christine Rowel stated that she was pleased that the Council was taking these steps, The City would be going beyond what was required by law and she was pleased to see that. She questioned if something other than the tax rolls could be used for notification as often the tax rolls were not current. Brenda Phillips stated that she appreciated the Council's efforts to correct this situatirn. The Mayor Pro Tern closed the public hearing. The following ordinances were considered; N0.99-029 AN ORDINANCE OF THE CITY JF DENTON, TEXAS, AMENDING CHAPTER 35 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, BY REVISINO SECTION 35.7 "AMENDMENTS" AND SECTION 35.44 "NOTICE OF PUBLIC HEARINGS", PROVIDING FOR NEW STANDARDS FOR PUBLIC NOTIFICATION PROCEDURES USED TO ADVERTISE PUBLIC IEARINGS REQUIRED WHEN THE BOUNDARIES OF ZOi41NO DISTRICTS OR THE REGULATIONS ESTABLISHED RELATED TO ZONING ARE AMENDED, SUPPLEMENTED, OR CHANGED, OR WHEN ZONING VARIANCES, APPEALS, OR SPECIAL EXCEPTIONS ARE MADE; REQUIRING THE USE OF CERTIFIED MAIL TO NOTIFY PROPERTY OWNERS LOCATED WITHIN 200 FEET FROM A PROPERTY WHERE A ZONING CHANGE, VARIANCE, APPEAL, OR SPECIAL EXCEPTION IS REQUESTED; REQUIRING THE USE OF FIRST CLASS MAIL TO NOTIFY PROPERTY OWNERS LOCATED WITHIN $00 FEET OF A PROPERTY WHERE A ZONING CHANGE, VARIANCE, APPEAL, OR SPECIAL EXCEPTION IS REQUESTED; REQUIRING THE POSTINO OF SIGNS ADVERTISING PUBLIC HARING DATES ON PROPERTIES WHERE A ZONING CHANGE, VARIANCe", APPEAL, OR SPECIAL EXCEPTION IS REQUESTED; BY ADDING SECTION 35• 56 "ACCESS TO PROPERTY4kEMEDY FOR REMOVAL OF SIGN"; PROVIDING 711E REMOVAL OF A SIGN POSTED PER THIS ORDINANCE CONS3ITUTES A VIOLATION OF LAW; REPEALING ORDINANCE 79-62; PROVIDING A a PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS 1 THEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE City of Denton City Council Minutes February 2, 1999 Page S NO. 99-030 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING CHAPTER 34 "SUBDIVISION AND LAND DEVELOPMENT REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, SECTION 34.36 "ANNEXATION PROCEDURES", PROVIDING FOR NEW STANDARDS FOR PUBLIC NOTIFICATION PROCEDURES USED TO ADVERTISE PUBLIC HEARINGS REQUIRED WHEN THE BOUNDARIES OF THE CITY ARE CHANGED DUE TO ANNEXATION, REQUIRING THE USE OF FIRST CLASS MAIL TO NOTIFY PROPERTY OWNERS LOCATED WITHIN 500 FEET OF A PROPERTY WHERE AN ANNEXATION PETITION IS CONSIDERED; REQUIRING THE POSTING OF SIGNS ADVERTISING PUBLIC HEARING DATES ON PROPERTIES WHERE AN ANNEXATION IS CONSIDERED; PROVIDING THE REMOVAL OF A SIGN POSTED PTION OF AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH R.W. BECK, rNC., FOR CONSULTING SERVICES PERTAINING TO THE DEVELOPMENT OF A NEW ELECTRIC SERVICE RATE DESIGN FOR DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Cochran seconded to adopt the above ordinances. On roll vote, Beasley aye , Burroughs "aye", Cochran aye', Durrmce "aye", Kristefcrson "aye", and Young "aye". Motion carried unanimously. 13. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, texas, amending Chapter 34 "Subdivision and Land Development Regulations' of tho Code of Ordinances of the City of Denton. Section 34.36 "Annexation Procedures", providing for new standards for public notification procedures used to advertise public hearings required when the boundaries of the city are changed due to annexation; requiring the use of first class mail to notify property owners located within 500 feet of a property where an annexation petition is considered; requiring the posting of signs advertising public hearing dates on properties where an annexation is considered; providing the tiemoval of a sign posted per this option of an ordinance constitutes a violat'on of law; providing a penalty In the maximum amount of $500.00 for violations thereof; providing a severability clause; providing a savings clause and providing for an effective date. (The Planning and Zoning Commission recommended approval 7-0) The item was considered with Item #12, ITEMS FOR INDIVIDUAL CONSIDR AR_TION ri 14. The Council considered adoption of an ordinance granting a three-year exception to the (j'y Noise Ordinance for the Denton Festival Foundation in connection with the operation of the Denton Arts R Jazz Festival held In Civic Center Park on the last Friday, Saturday, and Sunday in April This item was pulled from consideration, City of Denton City Council Minutes February 2, 1999 Page 6 13. The Council considered adoption of an ordinance of the City of Denton. Texas authorizing the City Manager to execute a professional services agreement with R.W. Beck, Inc., for consulting servict; pertaining to the development of a new electric service rate design for Denton Municipal I ectdc; authorizing the expenditure of funds therefor; and providing an effective date. The following ordinance was considered; NO. 99-031 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH R.W. BECK, INC., FOR CONSULTING SERVICES PERTAINING TO THE DEVELOPMENT OF A NEW ELECTRIC SERVICE RATE DESIGN FOR DENTON MUNICIPAL ELECTRIC; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Burroughs seconded to adopt the ordinance, On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye', Kristoferson "aye", and Young "nay". Motion carried with a 5-1 vote, 16. The Council considered adoption of an ordinance of the City of Denton, Texas amending and adopting the schedule of rocs as Authorized by Chapter 34 and Chapter 35 of the Code of Ordinances for the City of Denton, Texas, for filing applications for review, approval, grant or issuance of plats, plans, licenses, certificates, variances or designations required by the subdivision rules and regulations and zoning regulations of the Code of Ordinances; providing for repeal of all ordinances in conflict herewith; providing a severability clause; providing a savings clause; providing for publication; and providing r t effective date. The fbE wing ordinance was cons.' rc,& NO. 99-032 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING AND ADOPTIONG THE SCHEDULE OF FEES AS AUTHORIZED BY CHAPTER 34 AND CHAPTER 35 OF THE CODE OF ORDINANCES FOR THE CITY OF DENTON, TEXAS, FOR FILING APPLICATIONS FOR REVIEW, APPROVAL, GRANT OR ISSUANCE OF PLATS, PLANS, LICENSES, CERTIFICATES, VARIANCES OR DESIGNATIONS REQUIRED BY THE SUBDIVISION RULES AND REGULATIONS AND ZONING REGULATIONS OF THE CODE OF ORDINANCES; 4, c PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; l PROVIDING A SEVERABILIIY v:LAUSE; PROVIDING A SAVINGS CLAUSE, PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. Cochran motioned, Young seconded to adopt the ordinance. On roil vote, Beasley "Aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferwit "aye", and Young "aye Motion carried unanimously. t City of Denton City Council Minutes a February 2, 1999 Page 7 I I 17. The Council considered adoption of an ordinL cc adopting an ordinance of the City of Denton, Texas creating four disabled parking spaces, a disabled parking ramp area and six thirty minute parking spaces on the east side of Railroad Avenue next to Denton City Hall East; creating a bus loading zone on the south side of Hickory Street; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars, and declaring an effective dale. The following ordinance was considered: I NO. 99-033 AN ORDINANCE ADOPTING AN ORDINANCE OF THE CITY OF DENTON, TEXAS CREATING FOUR DISABLED PARKING SPACES, A DISABLED PARKING RAMP AREA AND SIX THIRTY MINUTE PARKING SPACES ON THE EAST SIDE OF RAILROAD AVENUE NEXT TO DENTON CITY HALL EAST; CREATING A BUS LOADING ZONE ON THE SOUTH SIDE OF HICKORY STREET; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. Kristofcrson motioned, Burroughs seconded to adopt the ordinance. On roll vole, Beasley "eye', Burroughs "aye", Cochran "aye', Durrance "aye", Kristoferson "aye", and Young "aye". Motion carried unanimously. 18. The Council considered adoption of an ordinance of the City of Denton, Texas, prohibiting parking on the north side of Sun Valley Drive from the east curb of Stuart Road to the east curb of Yellowstone Place; providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars and declaring an effective date. The following ordinance was considered: NO. 99-0)4 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING PARKING ON THE NORTH SIDE OF SUN VALLEY DRIVE FROM THE EAST CURB OF STUART ROAD TO THE EAST CURB OF YELLOWSTONE PLACE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS AND DECLARING AN EFFECTIVE DATE. Kristorerson motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrarxe "aye", Kristoferson "aye", and Young "aye". Motion carried unanimously. 19. The Council considered approval of a resolution approving the expenditure of previously budgeted and disbursed Hotel Tax Funds by the Denton Chamber of Commerce Convention and Visitors Bureau. o t f I~ City of Denton City Council Minutes February 2, 1999 Page 8 The following resolution was considered: NO. R99-006 A RESOLUTION APPROVING THE EXPENDITURE OF PREVIOUSLY BUDGETED AND DISBURSED HOTEL TAX FUNDS BY THE DENTON CHAMBER OF COMMERCE; CONVENTION AND VISITORS BUREAU Durrance motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Young "aye'. Motion carried unanimously. 20. The Council considered adoption of an ordinance directing the issuance and publication of Notice of Sale of city of Denton General Obligation Bonds, and providing for an effective date. The following ordinance was considered: NO. 99-035 AN ORDINANCE DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE OF CITY OF DENTON GENERAL OBLIGATION BONDS; AND PROVIDING FOR AN EFFECTIVE DATE, Burroughs motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durranee "aye', Kristoferson "aye", and Young "aye". Motion tamed unanimously, 21, The Council considered adoption of an ordinance directing the publication of Notice of Intention to issue Certificates of Obligation of the City of Denton; and providing for on effective date. The following ordinance was considered: N0.94-036 AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTrNTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. Burroughs motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye", < A; t Burroughs "aye", Cochran "aye", Duff once "aye", Kristoferson "aye". and Young "aye". Motion carried unanimously. 22. Miscellaneous Matlem from the City Manager. City Manager ]ez did not have any items for Council. u c. City of Denton City Council Minutes February 2, 1999, Page 9 1 23, New Business There were no items of New Business suggested by COunril Members for futures agendas. 24, The Council returned to a Closed Meeting under Sections $51.071-531.095 of the Texas Open Meetings Act. With no further business, the meeting was adjourned. RONI 13EASLEY, MAYOR PRO TEM CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS 1 r I CITY OF DENTON CITY COUNCIL MINUTES February 9,1999, After determining that a quorum was present and convening in an open meetin3, the City \ Council convened in a closed meeting on Tuesday, February 9, 1999 at 5:15 P,m. in AC COuncif Work Session Room. PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None I. The following was considered in Closed Meeting: A, Deliberations regarding Personnel Matters - Under Tex. Gov't. Code Sec. $51,074 (a) (1) L Considered and discussed the duties and conditions of employment regarding the Director of Denton Municipal Electric, an employee of the City of Denton, Texas. B. Conference with Employees - Under TEX. GOVT. CODE Sec, SS1,075. The Council received information from employees during a staff conference or briefing, but did not deliberate during the conference. The Council convened into a Special Called Meeting on Tuesday, February 9, 1999 at 6:00 p.m. in the City Council Chambers, PRESENT: blayor Stiller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None 1. The Council held a public hearing and considered adoption of an ordinanc ^nnexing a 114.76 acre tract located on the north aide of Hickory Creek Road, northwest of McNair Elementary School and establishing a Planned f a Development led (P PD-169) effective } classification and use designation through approval plan; if date. (First Reading, A-078) Dave Hill, Director of Planning and Development, stated the proposed annexation and planned development application was set for a public hearing at this meeting Since the preparation of the staff report several developments had taken place regarding the proposal. A letter had been received from the applicant asking for a split of the annexation request from the zoning request to make them two separate actions. A simple majority vote would be required to approve splitting the annexation and zoning. A second development since the staff report was a notification from the applicant that a revised detail plan would be submitted. If Council decided to not split the J two issues, the planned development application In the backup materials would be the plan the rrr///TTT Council would be considering. One major difference In the detailed plan was that the number of total lots would be seduced to 294 lots. All 6,000 square foot lots would bo eliminated with the reached a tentative average size of the lots being 7,500 agreement with the Park Department to ell 1 10 acres on fhe east sid of the had that abutted I I a l City of Denton City Council Minutes February 9, 1999 4 / Page 2 the Oaks of Monte0o for a city park. That would result in forty-three acres of park land and open space. There would also be a strenuous tree preservation program encouraged with specific deed restrictions that included a 75% masonry requirement, a pitch roof requirement and the encouragement of rc r and side entry garages. Staff had received a letter of protest from an individual who felt that the proposal had been improperly noticed. After examination of that protest, it was discovered that staff had made a mistake in preparing the 200-foot notice. The fact that the notice was improper for the legal notice requirement meant that the calculations for the 200/9 rule were invalid. That would have to be recalculated and resumed to the Planning and Zoning Commission for renoticing and a new recommendation. That new recommendation would be returned to Council for consideration. Staff was proposing the following solution for the process: (1) allow the annexatioa to proceed on schedule - if Council did not split the annexation and zoning vote, the annexation process would be invalid; (2) the Planning and Zoning Commission would consider the zoning at its February 20 regular meeting; (3) March 2'' would be the public hearing for the zoning issue at Council: and (4) March 33" Council would vote, in sequence, on the second reading of the annexation and then vote on the planned development application at the same meeting, Council Member Kristoferson stated that even with the two persona incorrectly noticed, the percent of opposition would not be over 204/6. Hill stated that even if all of the adjacent residents opposed the proposal, the opposition would not reach 20%. i i Mayor Miller asked that if Council needed to first vote on whether to split the annexation and zoning request before holding the public hearing on the annexation. City Attorney Prouty stated that the Council should hold the public hearing and then consider a vote on the annexation. He suggested Council consider a vote to amend the annexation ordinance by removing the zoning proposal out of the application. Hill stated that staff was recommending two actions to Council. One was to split the annexation from the zoning request and the second was to take a vote on the annexation request that required a super majority vote of Council, The Mayor opened the public hearing. Tari Arterburn stated that the developers had had two meetings with the neighborhood regarding the proposal. They were requesthig that Council consider a split of the proposal and not con::der the zoning request as they were making changes to the detailed planned development plan. The split would allow the developers to finalize that change of plans and resubmit them to staff. Some of the changes to the plan included a change in lot size, an increase in park land dedication c; and possible sale of land for additional park land, a recommendation for tree preservation and a , l' commitment on deed restrictions. Two tracts along the creek would be offered to the City for f purchase of additional park land. If the City did not purchase that property within four years, the property would revert to 10,000 square fool lots. Again they were requesting a split vote on annexation and zoning, c c, City of Denton City Council Minutes Ftbruary 9, 1999 Page 3 { Christine Rohwl stated that she was representing the neighborhood group. Their meetings with the developers were very profitable and the developers were very willing to work with them. The neighbors would like to enco-rage the developer to use side or rear entry garages. Smaller density was very important to them as it resulted in approximately 30 less homes. They were in support of having the City purchase Tract 3C and 3D as park property and were willing to help the City in that endeavor. Brenda Phillips stated that the neighbors had worked very hard with the developer and thanked them for their efforts. She and dte other neighbors were committed on following through in helping purchase the property for the extra park land. Steve Klu'z slated that there were a few issues he still felt needed revision. lie felt staff should sit with the neighbors and not the developers during neighborhood meetings. He suggested preparing an agenda on how to proceed with neighborhood meetings. The Mayor closed the pubic hearing. Cochran motioned, Beasley seconded to separate the annexatioa from the zoning request zr+l: r. stpone consideration of zoning until proper notification had been completed. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. i The following ordinance was considered: (FIRST READING) AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT COMPRISING 114.70 ACRES, LOCATED ON THE NORTH SIDE OF HICKORY CREEK ROAD, NORTHWEST OF MCNAIR ELEMENTARY SCHOOL; CLASSIFYING THE ANNEXED PROPERTY AS PLANNED DEVELOPMENT (PD. 169) ZONING CLASSIFICATION AND US22 DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 52,000,00 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to proceed with the annexation. On roll vote, Beasley „ "aye', "aye", "eye", "aye', "eye", aye ,Burroughs Cochran Durance Kristoferson Young and Mayor Miller "aye", Motion carried unanimously. Following the completion of the Special Called Me, ing, the Council convened into a Work Session. 11 The Council received a report, held a discussion, rnd gave staff direction regarding a final t t4 report from Diversified Utility Consultants regarding Lone Star Gas Company's request to f !r ~ increase rates in the City of Donlon service area. City Attorney Prouty reviewed the rate request from Lone Star Gas. In addition to the proposed rate increases, Lone Star was also requesting certain automatic adjustment charges be included. I t' ll City of Denton City Council Minutes February 9, 1999 Page 4 iF l Those annual increases were based on their functions. One of those increases, a weather \ normalization adjustment clause, was being recommended by the consultants as proposed by Lone Star. There were some major differences between what Lone Star was requesting and the consultant's findings such as rate of return and which Railroad Commission ruling applied to the proposal. There was also a question of adequacy of the 1997 test year as to whether it reflected savings of the merger and the merge itself. Staff was recommending Council not approve the COSA or PICA clauses. If Council decided to approve the COSA, staff was recommending that Council not agree that it would automatically take place but allow the Council to have an opportunity to look at the COSA and to approve or disapprove it each year. Staff was also recommending that Lone Star not pass through the cost of the consultant to the consumers although that was allowed under the law, If Council granted all or a portion of the request, it was suggested that the cost be spread out over a period of at least one year. Council Member Young questioned if the Railroad Commission had acted on the COSA. City Attorney Prouty stated that COSA had been adopted by a number of cities but had not been approved by the Railroad Commission. The consultants from Diversified Utility Consultants, Inc. reviewed the agenda materials detailing the findings of their study. Kirk King, Lone Star Gas, presented a rebuttal regarding the consultant's findings. His comments were outlined in a handout to Council and were added to the agenda back-up materials. He requested that the Council carefully consider the consultant's report and use it as a guideline and also use the company's history in Denton as a guideline, City Attorney Prouty stated that Council needed to take action on this request at the next regular Council meeting or hold a special call meeting as the rates were suspended only until February 25". Council Member Young stated that the City had always had a good working relationship with Lone Star Gas. The Council did not have to abide by the consultant's findings, He felt the Council should approve 75% of Lone Star's request. Council Member Durrance stated that he was concemod with some of the facts they had received. He would like to see the additional information requested by Council before making any decisions. A special meeting could be considered, if necessary, on February 2V to make a proper decision, Council Member Cochran stated that he had some concepts regarding COSA and PICA. He felt that there might be some possible benefits but had many questions regarding those items. He ~0 was nc t in favor of those two alternatives. I A, Council Member Burroughs stated that he was In favor of COSA and the weather adjustment rate. lie was also in favor of the work session next week and special call session the following week to complete this process. t I City of Denton City Council Minutes February 9, 1999 Page S { Mayor Pro Tem Beasley felt that the rate increase should be denied. A better test year should be used and better data received. The consultant's report indicated that the numbers were not there to support a rate increase. Council Member Krimofcrson stated that she agreed with not allowing the PICA but might consider COSA. She had a problem with one class of rates going down and the burden placed on the residential customers. She also felt that 17 years of no rate increases was a factor to consider. She was willing to follow the schedule but would not be in favor of supporting a decrease in the commercial rate and an increase in the residential rate. Mayor Miller stated that the Council had to do what was right for both the rate payers and for the City's corporate citizens. He had a concern that no increase was requested for 17 years and this year there was a request for a large increase. He felt there was compelling data on both sides of the question, The rate increase was a regressive increase in that the smaller user would pay the most increase. He felt that some adjustments needed to be made in the rate structure in order to be fair across the board. He felt a 75% increase was too much and that perhaps a 50% increase was warranted. He would not support COSA or PICA. He agreed with the proposed schedule for consideration, Council considered Item #4. 4. Presentation of the Comprehensive Annual Financial Report for the year ended September 30, 1998. Kathy DuBose, Assistant City Manager for Finance, stated that Council had received several documents associated with the comprehensive financial report. Julie Pettit, Deloitte and Touche, stated that the opinion on the financial statement on the Comprehensive Annual Financial Report was qualified this year for a specific item in the financial statement. There was a footnote disclosure required for the year 2000 reAdiness of the City. All governments would have that qualification this year and was not specific to the City of Denton. Single audit reports were required because the City received federal and state funding. No instances of non-compliance that were material or materials weaknesses were found, The Report to Management had three comments: (1) the inventory system had significant differences from the accounting report and suggested to change or replace; (2) closing procedures took _ longer than usual and the suggestion was to improve those procedures for a more timely closure; and (3) a revisit of the year 2000 with a recommendation that it continue to be a priority. A required communication to the Audit Committee outlined the procedures used during the audit. Kristin Newman reviewed the response to Management Letter, The first two comments centered on weaknesses to the financial system that was going to be replaced later in the year. The third comment was regarding the Y2K planning. The auditors commended the City in its efforts and A recommended continuation of such. She reviewed the major categories noted in the financial j report. The Council returned to the regular agenda order, t1 I City of Denton City Council Minutes February 9. 1999 Page 6 2. The Council received a preliminary assessment, held a discussion, and considered approval of a schedule of public hearings with regard to the proposed annexation of a 52.49 acre tract located on & s south side of Ryan Road, approximately one hundred and fifty (150) feet east of Forestridge Drive in the City of Denton's Extraterritorial Jurisdiction (ETJ). (A-79, Thistle Nlll) Dave Hill, Director of Planning and Development, slated that the petitioner requested the property be annexed and zoned with a permanent land use classification of SingIe•Family10 and Single-Family-16 zoning districts. The property owners desired to subdivide the tract into 129 residential lots developed in two phases. The first phase would cover the northern 21.49 acres adjacent to Ryan Road and contained 36 lots, The remaining 31 acres would be subdivided into 93 lots. The first public hearing would be February 16° with the process ending in April Consensus of the Council was to continue with the schedule as presented. 3. The Council received a report, held a discussion, and gave staff direction regarding a proposed Denton Fire Department Five-Year Strategic Plan. This item was postponed for a future work session. 4. The Council received a report and held a discussion regarding the economic development program. Linda Ratliff, Economic Development Director, stated that Council had requested additional information from a prior work session regarding economic development activities. The second phase of the report would be completed in March. Council Member Kristoferson questioned why a munkipal management district had to go to ' TNRCC. Ratliff stated that this was a new piece of legislation. She did not know of any city that had used this option. She assumed that it dealt with water and wastewater Issues, it probably applied to one specific city with et,) issue. She continued with a sur unaryof the agenda materials. With no further business, the meeting was adjourned at 11:15 p,m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS s J~ c, CITY SECRETARY CIT Y OF DENTON, TEXAS ' tr t: CITY OF DENfON CITY COUNCIL MINUTES February 16,1999 After determining that a quorum was pmsent and convening in an open meeting, the City Council convened in a Closed Meeting on Tuesday, February 16, 1999 at 5:15 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Krisloferson and Young, ABSENT: None 1. The Council considered the following in Closed Meeting: A. Conference with Employees - Under TEX. GOVT. CODE Sec. 551.075. The Council received information from employees during a staff conference or briefing, but did not deliberate during the conference. Regular Meeting of the City of Denton City Council on Tuesday, February 16, 1999 at 6:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young, ABSENT: None I . Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U.S. and Texas Flags CITIZEN REPORTS 2. Report from Dessie Goodson regarding perjury, responsibility and the tnath. Ms. Goodson stated that in her recent trial she felt there had been perjury with some of the Mayor's statements. She took exception to some orthe statements that were said during the trial She also had a problem with some of her utility bills from prior years. w CONSFNTAGENDA I Durrance motioned, Cochran seconded to approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye', Durrance "aye", ` Kristoferson "aye", Young "aye', and Mayor Miher "aye Motion carried unanimously, f, 3 NO. 99-037 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER 03 TO A LEASE AGREEMENT FOR PC'S, MONITORS AND PERIPHERAL EQUIPMENT BETWEEN THE CITY OF DENTON AND IBM CORPORATION; PROVIDING FOR AN INCREASE IN THE QUANTITY OF ITEMS; ADDENDUM TO THE LEASE; AND AN INCREASE IN THE ANNUAL LEASE PAYMENT AMOUNT; BASED ON t City of Denton City Council Minutes February 16, 1999 Page 2 EQUIPMENT SUPPLIED BY NTCS, INC., A QUALIFIED INFORMATION SERVICES VENDOR (QISV) FOR THE GENERAL SERVICES COMMISSION OF THE STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE. (LEASE #2045 TO IBM CORPORATION IN THE AMOUNT OF $1,229,588.26 + CHANGE ORDER #5 IN THE AMOUNT OF $29,811.) 4. NO. 99-038 AN ORDINANCE AUTHORIZINO THE EXECUTION OF A CHANGE ORDER #6 TO A LEASE AGREEMENT FOR PC'S, MONITORS AND PERIPHERAL EQUIPMENT BETWEEN THE CITY OF DENTON AND IBM (ORPORATION; PROVIDING FOR AN INCREASE IN THE QUANTITY OF V EMS AND AN INCREASE IN THE ANNUAL LEASE PAYMENT AMOUNT; BASED ON EQUIPMENT SUPPLIED BY A QUALIFIED INFORMATION SERVICES VENDOR (QISV) FOR THE GENERAL SERVICES COMMISSION OF THE STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE, (LEASE #2045 TO IBM CORPORATION IN THE AMOUNT OF $1,259,399.26 + CHANGE ORDER #6 IN THE AMOUNT OF $2,305,848.) I i 5. NO. 99-039 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER 01 TO A LEASE AGREEMENT FOR PC'S, MONITORS AND PERIPHERAL EQUIPMENT BETWEEN THE CITY OF DENTON AND IBM CORPORATION; PROVIDING FOR AN EXTENSION OF TIME AND AN INCREASE IN THE LEASE PAYMENTS; AND PROVIDING AN EFFECTIVE DATE. (LEASE TO IBM CORPORATION IN THE AMOUNT OF $2,453,922 + CHANGE ORDER #1 IN THE AMOUNT OF $58,392.) 6. NO. 99-040 AN ORDINANCE ACCEPTINO COMPETITIVE BIDS AND AWARDINO AN ANNUAL CONTRACT FOR MOWING SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2331-ANNUAL CODE ENFORCEMENT MOWING CONTRACT TO S,A.S. CONTRACTORS IN THE ESTIMATED ANNUAL EXPENDITURE OF $23,000.) 7. NO. 99-041 i AN ORDINANCE APPROVING A PRICE AGREEMENT AUTHORIZING THE f EXPENDITURE OF FUNDS FOR THE PURCHASE OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PRICE AGREEMENT #2342 TO NATIONAL DRAEGER, INC. FOR SELF-CON "AIMED BREATHING APPARATUS WITH AN ' t City of Denton City Council Minutes February 16, 19S9 Page 3 ESTIMATED EXPENDITURE OF 5180,000.) E S. N0.99-042 AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF HARDWARE MAINTENANCE AND SOFTWARE MAINTENANCE WHICH ARE AVAILABLE Fi;:1is1 ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE, (PO #928!5-INTEGRATED COMPUTER SYSTEMS, INC. (ICS) IN THE AMOUNT OF $281,105.89.) 9. NO. 99.043 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE THIRD ANNUAL LEASE PURCHASE PAYMENT FOR AN IBM 9221.191 MAINFRAME COMPUTER/PROCESSOR AS BID AND AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION; AND PROVIDING FOR AN EFFECTIVE DATE. (PO #92720 TO IBM CORPORATION IN THE AMOUNT OF 5102,171.10) ! 0. NO. 99-044 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SERVICES OR SUPPLIES NECESSARY FOR THE UPGRADE OF PUBLIC SAFETY'S WIRING CLOSETS AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH QUALIFIED INFORMATION SERVICES VENDOR CATALOGUE (QISV); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE, (PO 192121 TO NTCS, INC. IN THE AMOUNT OF $27,932.) I I . NO. 99-045 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES NECESSARY FOR INSTALLATION OF AN INTERAGENCY INTERNET NETWORK AS AWARDED BUY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH QUALIFIED INFORMATION SERVICES VENDOR (Q1SV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PO 492722 TO NTCS, INC,1N THE AMOUNT OF $59,374.) 12. NO. 99-046 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES NECESSARY FOR INSTALLATION OF A REMOTE ACCESS SERVER AND SOFTWARE AS AWARDED BUY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH QUALIFIED J { i City of Denton City Council Minutes February 16, 1999 Page 4 INFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PO k92725 TO NTCS, INC. IN THE AMOUNT OF $29,141.) f 13. NO. 99-047 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FLEET VEHICLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2310-A-FLEET VEHICLES REBID AWARDED AS LISTED IN THE TOTAL AMOUNT OF $129,317.60.) 14. NO, 99.048 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF A TYPE 36 SINGLE FIBER SPLICER AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PO #92859 TO FMS TECHNOLOGIES, INC. IN THE AMOUNT OF $27,100.) 13. NO. 99-049 AN ORDINANCE AU VIOR'.ZINO THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. ' 16. NO. 99-050 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. PUBLIC HEARINGS 17, The Council held a public hearing regarding the proposed annexation of a 32.49-acre tract located on the south side of Ryan Road, 130 feet east or Forestridge Road, (A-79) r c Mark Donaldson, Assistant Planning Director, stated the petition was to annex 32.49 acres in south Denton. The proposal was cooli,guous with the current city limits. The request also came with a zoning request for two zoned dis'dcts In the tract. 211 acres would be Single-Family 16 that were adjsrent to Ryan Road, The shond 31 acres would be Single-Family 10. The property already had an approved preliminary plat %t the Planning and Zoning Commission meeting in Cit, of Denton City Council Minutes v February 16, 1999 Page .1 1 December. The utilities that were already in the area would be utilized by the developer. This request was consistent with the Denton Develop=nt Plan and Growth Management Strategy, The Mayor opened the public hearing. The following individuals spoke during the public hearing: Charles Stafford - favor Palty Clark - neutral Gary Drumb - favor Mike Cordell - opposition The Mayor dosed the public hearing. ITEMS FOR INDIVIDUAL CONSIDERATION 18. The Council considered adoption of an ordinance of the City of Denton, Texas, authorizing Yee City Manager to execute a professional services agreement with Huilt•Zollars, Inc. for architectural and engineering services pertaining to the design and construction of the City of Denton vehicle maintenance facility; authorizing the expenditure of funds therefore; and providing an effective date, Earl Crews, Director of FinanciaVAdminislreive Services, stated that the vehicle maintenance facility was no longer adequate to meet the city's needs. This request asked the Council to approve an engineering services contract to provide for format design of the facility, assistance during construction bids and oversight during construction of the facility. The following ordinance was considered; NO. 99-0$1 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER 10 EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH IIUITT•ZOLLARS, INC. FOR ARCHITECTURAL AND ENGINEERING SERVICES PERTAINING TO THE DESIGN AND CONSTRUCTION OF THE CITY OF DENTON VEHICLE MAINTENANCE FACILITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", rr 4 Burroughs aye , Cochran "nay". Durrance "eye", Kristoferson "aye", Young "nay", and Mayor Millcr "aye", Motion carried with a 3-2 vote. t9, 1 he Council considered adoption of an ordinance authorizing the Mayor to enter Into an inierlocai cooperation agreement with Denton County approving the previous riling of a joint grant application with the State of Texas for a victim notification system; approving the expendiwo of S4,625.00 in matching funds by the City for enhancement of the $108,788.00 c t t I City of Denton City Council Minutes February 16, 1999 Page 6 grant funds; and providing an effective date. Captain Paul Abbott, Denton Police Department, stated that the Department was seeking approval of an interlocal cooperation agreement with Denton County, This request would approve the previous filing of a joint grant application with the State of Texas for a victim notification system. The following ordinance was considered; NO. 99-032 AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO AN INTERLOCAL COOPERATION AGREEMENT WITH DENTON COUNTY APPROVING THE PREVIOUS FILING OF A JOINT GRANT APPLICATION WITH THE STATE OF TEXAS FOR A VICTIM NOTIFICATION SYSTEM; APPROVING THE EXPENDITURE OF $4,625.00 IN MATCHING FUNDS BY THE CITY FOR ENHANCEMENT OF THE 5103,788.00 GRANT FUNDS; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Kristorcrson secnnd%~d to adopt the ordinance. On roll vote, Beasley "aye', Burroughs "aye Cochran "aye', Durrance "aye", Kristoferson "aye', Young "aye", and Mayor Miller "aye". Motion carried unanimously, 20. The Council considered adoption of an ordinance of the City Council of the City or Denton, Texas authorizing the Mayor or City Manager to execute the attached service agreement between the City of Denton, Texas and Interactive Systems, LLC for equipment, software and support from previously budgeted grant and matching funds and providing for an effective date. Captain Paul Abbott, Denton Police Department, stated that this would be a service agreement for equipment, software and support for the grant. The following ordinance was considered; N0.99-054 I AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING T14E MAYOR OR CITY MANAGER TO EXECUTE THE ATTAC110) SERVICE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND INTER.'.CTIVE SYSTEMS, LLC FOR EQUIPMENT, SOFTWARE AND SUPPORT FROM PREVIOUSLY BUDGETED GRANT AND MATCHING FUNDS AND PROVIDING FOR AN EFFECTIVE DATE. Ai Beasley motioned Young seconded to adopt the ordinance, On roll vote, Beasley "aye % Burroughs "aye", Cochran "aye', Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carved unanimously. ,t t u City of Denton City Council Minutes February 16, 1999 Page 7 21. T'he Covnctl considered adoption of an ordinance authorizing the City Manager to cxccute an airport lease agreement between tie City of Denton and Douglas C. Weyer to lease certain premises of the Municipal Airport for the purpose of constructing and maintaining office and hanger facilities thereon; and providing an effective date. Mark Nelson, Airport Manager, slated that this agreement would be for 30 years for the construction and maintenance of office and hanger facilities at the Denton Municipal Airport. Council Member Kristoferson asked what type of signs would be allowed at this site. Nelson stated that the Airport staff and Building Official would address that when the final plans were submitted. Council Member Krisiorerson requested that staff standardize the sign issues into a policy so as not to be arbitrary. The following ordinance was considered: j NO. 99-054 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND DOUGLAS C. WEYER TO LEASE CERTAIN PREMISES OF THE MUNICIPAL AIRPORT FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING OFFICE 1 AND HANGER FACILITIES THEREON; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Durrance secunded to adopt the ordinance, On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durranee "aye", Mstoferson "aye", Young "nay", and Mayor Stiller "aye". Motion carried with a 5-2 vote. 22. The Council considered adoption of an ordinance authorizing the City Manager to execute an airport lease agreement between the City of Denton and Wayne Allen Construction Company, Inc, to lease certain premises of the Municipal Airport for the purpose of constructing and maintaining office and hangar facilities thereon; and providing an effective date. Stark Nelson, Airportt Manager, staled that Mr. Allen would be building a customized hanger for potential clients. The following ordinance was considered: r NO. 99-055 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AIRPORT LEASE AGREEMENT BETWEEN THE CITY OF DENTON AND WAYNE ALLEN CONSTRUCTION COMPANY, INC. TO LEASE CERTAIN PREMISES OF THE MUNICIPAL AIRPORT FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING OFFICE AND HANGAR FACILITIES 1 r s Y City of Denton City Council Minutes February 16, 1999 Page 8 THEREON; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Burrougly seconded to adopt the ordinance with Option II. On roll vote, , „ Beasley .,aye„, Burroughs ays Cochran "nay", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "Rye. Motion carried with a 6-1 vote. 23. The Council considered adoption of an ordinance ordering an election to be held in the City of Denton, Tc-cas, on May 1, 1999, and if a runoff election Is required, on May 29, 1949, for the purpose of electing council members to Places 1, 2, 3 and 4 of the City Council of the City of Denton, Texas; designating voting places and appointing election ofrtcials; providing for bilingual notice of the election; ordering that an electronic voting system be used; making additional provisions for the conduct thereof; providing an Open Meetings clause; and providing for an effective date. The following ordinance was considered: NO. 99-056 AN ORDIN.•,NCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY I, 1999, AND IF A RUNOFF ELECTION IS I REQUIRED, ON MAY 29, 1999, FOR THE PURPOSE OF ELECTING COUNCIL MEMBERS TO PLACES 1, 2,3 AND 4 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; DESIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS; PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION; ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE USED; MAKING ADDITIONAL PROVISIONS FOR THE CONDUCT THEREOF; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Kristoferson seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Dutrance "aye", Kristoferson "aye', Young "aye", and Mayor Miller "aye". Motion tamed unanimously. 24. The Council considered adoption of an ordinance ordering an election 'o be held on May I, 1999 in conjunction with the regular city council election for the purpose of submitting to the registered voters of Denton, Texas amendments to the Dcolon City Charter regarding sale and alienation of portions of public utilities; creating new utilities; qualifications of candidates for elections; procedures for holding elections; authorizing public utility franchise charges; setting procedure for adopting a budget; deleting certain portions of Ankle VIII "Revenue and Taxation"; correcting references to applicable laws; removal of the Board of Adjustment, Public ti Utilities Board, and Parks and Recreation Board from the City Charter and expanding these r. \ boards to seven members; providing notice of claim procedures in compliance with State law; eliminating Planning Commission recommendations on sales and purchases of properly and on utility capital Improvements; providing that the Charier shall be gender neutral; designating the place of holding such an election; naming the officers thercor, prescribing the form o! ballot; providing for notice, providing for publication of notice of this election; providing a scverability clause; providing an oven meetings clause; and providing an effective date. ' t t E City of Denton City Council Minutes February 16, 1999 Page 9 City Attorney Prouty stated that there were two altemaiives for the Council to consider that were i not included in the ordinance. The first was an amendment regarding the option to eliminate the 11 supermajority, vote now needed for annexation and have a majority only vote. The second amendment was to remove the Planning and Zoning Commission from the Charter end reenact it in ordinance form similar to what was recommended for Public Utilities Board, the Board of Adjustment and the Parks and Recreation Board. Staff was recommending that this amendment not be done. Mayor Pro Tern Beasley stated that state law had superseded what was in the Charter as it had not been updated for 20 years, These changes would not be changing the essential elements of the Charter. They were administrative elements only, Council Member Durrance stated that he was in favor of including the annexation issue with the Charier amendment.c. He would not be In favor of including the planning issue. Council Member Cochran stated that the proposal dealing with the annexation issue would change the annexation policy from a four-fifths majority vote to a simple majority vole. tf there were no examples of a problem that they were trying to correct, he felt there was no need to have a change In the process. He would consider the amendment if there had been a problem in the I past but as there had not been any, he was not in favor of the change. Council Member Burroughs stated that he was in favor of amendments 1.14 and alternate N1, He fell there were currently many proleetions and limits on annexation proceedings. the following ordinance was considered: NO. 99-057 AN ORDINANCE ORDERING AN ELECTION TO BE HELD ON MAY 1, 1999 IN CONJUNCTION WITII THE REGULAR CITY COUNCIL ELECTION FOR THE PURPOSE OF SUBM'TTINO TO THE REGISTERED VOTERS OF DENTON, TEXAS AMENDMENTS TO THE DENTON CITY CHARTER REGARDING SALE AND ALIENATION OF PORTIONS OF PUBLIC UTILITIES; CREATING NEW 1 UTILITIES; QUALIFICATIONS OF CANDIDATES FOR ELECTIONS; PROCEDURES FOR HOLDING ELECTIONS; AUTHORIZING PUBLIC UTILITY FRANCHISE CHARGES; SETTING PROCEDURE FOR ADOPTING A BUDGET; DELETING CERTAIN PORTIONS OF ARTICLE VIII "REVENUE AND TAXATION; CORRECTING REFERENCES TO APPLICABLE LAWS; REMOVAL OF THE BOARD OF ADJUSTMENT, PUBLIC UTILITIES BOARD, AND PARKS r A AND RECREATION BOARD FROM THE CITY CHARTER AND EXPANDING THESE BOARDS TO SEVEN MEMBERS; PROVIDING NOTICE OF CLAIM PROCFbURES IN COMPLIANCE WITH STATE LAW; ELIMINATING PLANNING COMMISSION RECOMMENDATIONS ON SALES AND PURCHASES OF PROPERTY AND ON UTILITY CAPITAL IMPROVEMENTS; PROVIDING THAT 111E CHARTER SHALL BE GENDER NEUTRAL; DESIGNATING THE PLACE OF HOLDING SUCH AN ELECTION; NAMING THE OFFICERS THEREOF; t a City of Denton City Council Minutes February 16, 1999 Page 10 PRESCRIBING THE FORM OF BALLOT; PROVIDING FOR NOTICE; PROVIDING FOR PUBLICATION OF NOTICE OF THIS ELECTION; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Beasley seconded to approve the ordinance with propositions 1.14. Beasley motioned, Durrance seconded to amend the motion to approve alternate ks. Mayor Pro Tem Beasley asked for comments from the Planning Department. Dave Hill, Director of Planning and Development, stated that since the adoption of tha Charter in 1959 there had been many changes for annexations with stronger controls and requirements. Since 1990 had been no involuntary annexations in the City. Denton might be facing those types of issues of involuntary annexation In the future in regards to the Comprehensive Plan, There were few cities that required a supermajority vote for annexations. i Council Member Cochran stated that he was in favor of what would be in the best interest of F community. If six members of the Council would not vote for an annexation case, there probably was a problem with the annexation. On roll vote on the amendment, Beasley "aye", Burroughs "aye', Cochran "nay", Durance "aye", Kristoferson "aye', Young "aye", and Mayor Miller "aye". Motion carried m ith a 6-1 vote. On roll vote of the main motion as amended, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance '-aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 25. The Council considered adoption of an ordinance of the City of Denton, Texas suspending the proposed rate change set forth in the Statement of Intent and Application filed on !anuary 15, 1999 by Texas Utilities Electric Company for time-of-use rate options pertaining to the sale of electric service to its residential, commercial, and industrial customers in the City of Denton, Texas, for ninety days beyond the intended effective date; adopting declarations and findings in the preamble; providing the reasons therefor; providing for a severability clause; and providing for an effective date, Mike Coplan, Assistant City Attorney, stated that Texas Utilities had requested a proposed rate change for its time-of-use rate options pertaining to the sale of electric service. Staff was asking Council to not decline or disapprove or approve the request but to defer to the judgement of the Public Utilities Commission. It was felt that this was the best place for such a determination to r, be made. J k~ 1, The following ordinance was considered; t c, City of Denton City Council Minutes February 16, 1999 Page I I NO. 99-058 AN ORDINANCE OF THE CITY OF DENTON, TEXAS SUSPENDING THE PROPOSED RATE CHANGE SET FORTH IN THE STATEMENT OF INTENT AND APPLICATION FILED ON JANUARY 15, 1999 BY TEXAS UTILITIES ELECTRIC COMPANY FOR TIME-OF-USE RATE OPTIONS PERTAINING TO THE SALE OF ELECTRIC SERVICE TO ITS RESIDENTIAL, COMMERCIAL, AND INDUSTRIAL CUSTOMERS IN THE CITY OF DENTON, TEXAS, FOR NINETY DAYS BEYOND THE INTENDED EFFECTIVE DATE; ADOPTING DECLARATIONS AND FINDINGS IN THE PREAMBLE; PROVIDING THE REASONS THEREFOR; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 1 26. The Council considered approval of a resolution accepting the resignation of Bob Coplen and appointing Howard Marlin as the City's representative to serve as a member of the Board of Directors of the Upper Trinity Regional Water District; and providing an effective date. The following resolution was considered: NO. R99.007 A RESOLUTION ACCEPTING THE RESIGNATION OF BOB COPLEN AND APPOINTING HOWARD MARTIN AS THE CITY'S REPRESENTATIVE TO SERVE AS A MEMBER OF THE BOARD OF DIRECTORS OF THE UPPER TRINITY REGIONAL WATER DISTRICT; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye", Motion carved unanimously, 27. Miscellaneous matters from the City Manager. City Manager Jez did not have any items for Council. 28, New Business There were no items of New Business for future agendas, ~A,,., tJ>~ 29. There was no continuation of Closed Meeting under Sections 551-071-531,095 of the Texas Open Meetings Act. 30. There was no official action on Closed Meeting items held under Section 531.071- 551.083 of the Texas Open Meetings Act .t i c 1 City of Denton City Council Minutes February 16, 1999 Page 12 Following he completion of the Regular Meeting, the Council convened into a Work Session. 1, The Council received a report, held a discussion and gave staff direction regarding Lone Star Gas Company's request to increase rates in the City of Denton service area, City Attorney Prouty stated that as a result of Council direction given at a prior work session, Lone Star Gas and Diversified were present to answer questions regarding the proposed rate increase by Lone Star Gas Company. Dan Lawton, Diversified, stated that Lone Star Gas was requesting a S476,000 annual rate increase from Denton's customers. They were recommending no rate Increase as proposed by Lone Star Gas. He stated that the issue of ALG versus ELG would not really affect what the company would receive. It would still collect those dollars, it was merely a question on how fast it would be collected. He felt 1997 was an unusual year for testing. The Council needed to decide how much increase the City wanted to give the company and then decide the rate structure. Mayor Miller felt the proposed customer charge in the rate design was regressive to small users. Lawton replied that it was regressive as every customer would have the same charge. The } customer charge was the cost to send out the bill, the cost of postage, reading the meter, etc. Kirk King, Lone Star Gas, felt the rate increase was reasonable. He reviewed the back-up materials he had submitted for the agenda regarding the proposed rate increase. City Attorney Prouty stated that Council needed to give direction regarding how much increase, ' if any, to grant, where that Increase would be allocated either for the residential or commercial customers, whether or not to adopt COSA or PICA standards and allocation for the monthly charge for lower end customers. Council Member Durrance suggested no rate increase at this time and to not participate in COSA or PICA and es a result there would be no need for a discussion of an allocation of rate increase. If Lone Star appealed this proposal, it could go to the Railroad Commission. i Council Member Young recommended a 3% Increase. Council Member Cochran agreed with Council Member Durrance's suggestion of no Increase. Council Member Kristoferson stated that the figures indicated that Denton was receiving good service for a low rate. She felt in the long term with possible litigaii," with the Railroad c Commission that Denton should pay its fair share of expenses. , ! f Council Member Burroughs stated that he did not have a problem with COSA and some type of rate Increase. lie would agree with the 3% increase and suggested a rate structure of $5,50 for residential customers and $12 for commercial customers as a basis for the rate Increase. Council did not have to accept COSA if it went up and Council could approve it each year. rt i t I I City of Denton City Council Minutes February 16, 1999 Page 13 E Mayor Miller stated that he favored a 3% rate Increase with 55.50 for residential customers and $10 for commercial customers forthe monthly service fee. He was not comfortable with COSA. i Mayor Pro Tem Beasley felt that no increase was needd at this polnt in time and that it should be brought back in another year for study. After a lengthy discussion, consensus of the Council was to favor a 3% increase In revenue from the system with $10 on commercial customers and SS.SO on residential customers for the monthly service fee with no COSA or PICA. The revenue service charges would be a 75/2S% split, The consultant fee would be collected over a six-month period on the customer's bills. With no further business, the mceting was adjuumed at 11:20 p.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS i JENNIFER WALTERS J CITY SECRETARY 1 CITY OF DENTON, TEXAS i I I l t CITY OF DENTON CITY COUNCIL MINUTES February 23, 1999 ,1P.r determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, February23, 1999 at 5:15 p.m. in the Council i Work Session Room. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burrronghs, Cochran, Durrance, Kristoferson and Young. ABSENT: None 1. Closed Meeting: A. Conference with Employees - Under TEX. GOVT. CODE Sec. 551.075. The Council received information from employees luring a staff conference or briefing, but did not deliberate during the conference. B. Consultation with Attorne+ - Under TEX. GOVT. CODE Sec. 551.071 (1) and (2). Considered and consLlted with the City's attorneys, including outside legal counsel, concerning contemplated litigation to prevent the formation of, or certain action by, including annexation by Denton County Fresh Water Supply District No. 5 or any other Denton County Fresh Water Supply District, within the city limits or extraterritorial jurisdiction of the City of Denton, Texas, including, without limitation, the initiatiun of an injunction or declaratory judgement action by the City; or the intervention into pending litigation styled City of Frisco, Texas v. Denton County Fresh Water Supply DisiNrt No. 5, Cause No. 3%185-99 in the 366'h Judicial District Court of Collin County, Texas; and receive advice on said contemplated and pending litigation and related matters from these attorneys where the Disciplinary Rules of professional Conduct of the State Bar of Texas require the attorneys to give their advice in private. C. Deliberations Regarding Real Property - Under TEX. GOV'T, CODE Sec. 551.072. Considered and discussed the valuation and the possible sale, transfer, or other divestiture of real property pertaining to the City of Denton's electric utility system, including, without limitation: the Gibbons Creek generation facility located in Grimes County, Texas; the Spencer generation facility located oti Spencer Road in Denton, Denton County, Texas; the hydroelectric facilities located in Dentc County, Texas; other component facilities of the City's electric transmission and distribution system. The Council convened into a Work Session on Tuesday, January 26, 1999 at 6:00 p.m, in the Council Work Session Room. t i PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young, ABSENT: None { City of Denton City Council Minutes February 23, 1999 Page 2, 1. The Council received a report and held a discussion regarding the results of the 1999- 2000 budget priority questionnaire with City Council. Jon Fortune, Director of Management and Budget, reviewed the results of the priority questionnaire as noted in the agenda materials. 2. The Council received a report, held a discussion and gave staff direction regarding the transfer ofthe Cable Television franchise, Richard Foster, Public Information Officer, stated that there had been a change in ownership of the cable company thus requiring a transfer of the franchise. Stricter penalties and higher standards were included in the new agreement with the transfer of the franchise. Consensus of the Council was to proceed with the first reading of the transfer. 3. The Council received a report, held a discussion and gave stafrdirection regarding the Introduction, Population Forecasts, and Growth Management Strategy sections of the Drag Comprehensive Plan. Dave Hill, Director of Planning and Development, reviewed the schedule for presentation of the plan as noted in the agenda materials. He detailed the beginting sections of the document. Auer Council discussed the various sections of the Plwi, the consensus of the Council was to continue as presented. Foilowing the completion of the Work Session the Council convened into a Special Called Session. 1. The Council considered approval of a resolution nominating members of the Appraisal Review Board of the Denton Central Appraisal District; and declaring an effective date. Diana Ortiz, Director of Fiscal Operations, stated that there was one vacancy on the Appraisal Review Board. Council Member Kristoferson stated that she had a person in mind for nomination. Beasley motioned, Young seconded to authorize Council Member Kristofersoa to make a nomination to staff. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "eye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. The following resolution was considered: NO. R99-008 ( ! A RESOLUTION NOMINATING MEMBERS OF THE APPRAISAL REVIEW BOARD OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. t i~ City of Denton City Council Minutes February 23, 1999 Page 3 2, The Council considered adoption of an ordinance fixing and determining the general { service rate to be charged for sales of natural gas to residential and commercial customers in the City of Denton, Denton County, Texas; providing for the manner in which such rate may be charged; approving the commercial rates for public school gas services; providing for weather normalization clause; providing for a schedule of service charges; providing for a main line extension rate; providing an Open Meetings claw-e; and providing an effective date clause. Herb Prouty, City Attorney, presented an updated ordinance for Council consideration. Council Member Burroughs stated that the 3% rate increase was acceptable and that the semc'e charge would be added. He did not intend to have the residential ratepayers bear more of the burden. Of the increase of the rates, there was to be a shift from the residential to the commercial customers. His thought was to reduce the residential by 25% of the increase and shift it to the commercial customers. City Attorney Prouty stated that the ordinance was based on a 630/0 allocation. Council Member Burroughs stated that if the service fee charge was shared equally, it would artificially reduce the impact on the residential customers. irequally, it would be 50-50%. City Attorney Prouty stated that if a 63%-37% allocation were done, there would be an approximate equal distribution of the increase. 1 The following ordinance was considered: NO. 99-059 AN ORDINANCE FIXING AND DETERMINING THE GENERAL SERVICE RATE TO BE CHARGED FOR SALES OF NATURAL GAS TO RESIDENTIAL AND COMMERCIAL CUSTOMERS IN THE CITY OF DENTON, DENION COUNTY, TEXAS; PROVIDING FOR THE MANNER IN WHICH SUCH RATE MAY BE CHARGED; APPROVING THE COMMERCIAL RATES FOR PUBLIC SCHOOL GAS SERVICES; PROVIDING FOR WEATHER NORMALIZATION CLAUSE; PROVIDING FOR A SCHEDULE OF SERVICE CHARGES; PROVIDING FOR A MAIN LINE EXTENSION RATE; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVF. DATE CLAUSE. Burroughs motioned, Young seconded to approve the ordinance with a revision in the amount indicated for 3% increase in gas sale rates, with equal impact on residential and commercial customers. / Council Member Cochran stated that the 3% was included in the 35% as part of a total package A based on the amount of total income and not a rate. He felt this was a change in the agreement f t' from the last meeting. He also felt that there was an advantage written into the rate schedule that j favored residential customers and his intention was to keep the same portion as was currently in I the rate ordinance. City Attorney Prouty stated that according to the consultant, the current allocation between residential and commercial before the increase was a 63-37% split, If that percentage were t. City of Denton (`sty Council Minutes February 23, 1999 Page 4 i~ followed, there would be a 50-50% Impact. There would be a bit more on residential customers but would be fairly close, The charge could be spread equally between the two classes. Council Member Burroughs stated that he wanted to shift 13% of the increase to commercial from residential. That would be an artificial shift in the increase and reduced the residential charge by 20%. Mayor Pro Tem. Beasley stated that she was against the motion because she could toot find any justification for giving the company an increase in the gas costs. S Council Member Durrance stated that he was also against motion as the residential customer would take the blunt of the increase. He also felt that there was a lack of information from the Company regarding the necessity of such an increase. On roll vote, Beasley 'hay", Burroughs "aye", Cochran 'W, Durrance "hay", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried with a 4.3 vote. 3. New Business There were no items of New Business suggested by Council Members for future agendas. I 4. There was no continuation of Closed Meeting under Sections 551-071-551.085 of the Texas Open Meetings Act. S. Council took the following official action on Closed Meeting items held under Section 551- 071-551.083 of the Texas Open Meetings Act. Durrance motioned, Burroughs seconded to proceed with litigation as advised by the City i , Attorney. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", i Kristorerson "aye", Young "aye', and Mayor Miller "aye". Motion carried unanimously. With no furiher business, the meeting was adjourned at 11,35 p.m. j ` JACK MILLER, MAYOR CITY OF DENTON, TEXAS ji I JENNIFER WALTERS CITY SECRETARY C11 Y OF DENTON, TEXAS c CITY OF DENTON CITY COUNCIL MINUTES March 2,1999 After determining that a quorum was present a.td convening in an open meeting, the City Council convened in a closed meeting on Tuesday, March 2, 1999 at 4:30 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller, Mayor Pro Tern Beasley, Council Members Burroughs, Cochran, Durrance, and Kristoferson. ABSENT: Council Member Young I. The Council considered the following in Closed Meeting: A. Personnel Matters - Under TEX. GOV'T. CODE Sec. 551.074 f 1. Evaluation of Municipal Judge 2. Evaluation of City Attorney 3. Evaluation of City Manager B. Conference with Employees - Under TEX. GOV'T. CODE Sea 551.075. The Council received information from employees during a staff conference or briefing, but did not deliberate during the conference. !'ouncil Member Young arrived during the Closed Meeting. Regular Meeting of the City of Denton City Council on Tuesday, March 2, 1999 at 6:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, i Durrance, Kristorerson and Young, ABSENT: None 1. Pledge of Allegiance The Council and members of tha audience recited the Pledge of Allegiance to the U.S. and Texas flags. 2. Resolution of Appreciation for Bobby Morris Mayor Miller presented the resolution of appreciation to Mr. Moms. Young motioned, Kristoferson seconded to approve the resolution. On roll vote, Beas'.ey "aye", i Burroughs "aye", Cochran aye , Durrance aye', Kristoferson 'aye', Young "aye', and Mayor S Miller "aye". Motion carried unanimously. Mayor Miller presented a proclamation for National Women's History Week. 3. Citizen Reports A. Report from Jim Osborne regarding municipal services at the Denton Municipal Airport. . t 1 t; 1 City of Denton City Council Minutes March 2, 1999 Page 2 t Mr. Osborne was not present at the meeting. B. Report from Craig Watt regarding the upcoming Fry Street Fair. Mr. Watt stated that be was the Fry Street Fair coordinator. He reviewed the accomplishments of the Delta Lodge in conjunction with the Fry Street Fair. They had reviewed their procedures from the last Fair and would be implementing changes in such areas as trash pick-up and ticket sales. They were requesting a 9:00 p.m, closing instead of an 8:00 p.m. closing. No other festival closed at such an early time. Council Member Young stated that the Fair had support from the majority of businesses in the area for a 9:00 p.m. closing. Watt replied correct. Council Member Cochran asked for the process for making a determination for that closing time. City Manager Sex stated that the event was reviewed by police department last year at the conclusion orthe event. There were approximately 40 arrests and 150 citations issued by Denton Police, not counting TABC citations. The formula for closing involved a function of the number of personnel required to police the event over the number of hours that the event occurred. The consensus of the Police Department was that the event might have outgrown the capacity in the area and discussions were held to move the event in years to follow. The function of staffing the event and 0- consensus from the Police Departmpnt was that an earlier closing was significant in amount of alcohol consumed and the ability to clear streets after event was over. Last year it took 4•5 hours after the event to clear the area. He supported the 8:00 p.m, closing. Last week, after a discussion with the Della Lodge, he felt that the matter was closed. The Police Department had requested a 7:00 p.m. closing and he had compromised with the 8:00 p.m, closing. Council Member Young requested that this issue be placed on an upcoming agenda for Council consideration and determination for the closing hours of the Fry Street Fair. C. Report from Ken Buikema regarding wastewater usage. Mr. Buikema was not present at the meeting. D. Report from Willie Hudspeth regarding drainage at 623 Newton Street. Mr. Hudspeth stated that he was trying to save his trees in an area where the City wanted to widen a drainage easement. Staff had indicated that there was no way to save the trees but be r felt differently. He would lose 20 of the 23 trees currently on his property. He felt that if the I e project were moved 4 feet to the north he would be able to save 4 of the major trees in the area. C , h i. City of Denton City Council Minutes hl"h 2, 1999 Page 3 CONSENT AGENDA Beasley motioned, Cochran seconded to approve the Consent Agenda and accompanying ordinances. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye', Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion tamed unanimously. 4. NO. 99-060 f AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF THE MAYHILL ROAD 12" WATERLINE; PROVIDING FOR T14F EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2325 - MAYHILL 12" WATERLINE AWARDED TO DICKERSON CONSTRUCTION CO., IN THE AMOUNT OF $106,039.50.) 5. N0.99.061 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PU-AC WORKS CONTRACT FOR CONSTRUCTION OF THE NEW WroTEWATER TREATMENT PLANT ROAD AND WEIGH STATION SITE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND P'.(OVIDING AN EFFECTIVE DATE. (BID 92332 - MAYHILL AT I WASTEWATER ROAD IMPROVEMENTS - AWARDED TO JAGOE-PUBLIC COMPANY IN THE AMOUNT OF $191,881-05.) 6. NO. 99-062 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS ^ONTRACT FOR THE INSTALLATION OF THE DENTON VISUAL ARTS BUILDING HVAC RENOVATION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2333- DENTON VISUAL ARTS BUILDING HVAC RENOVATION AWARDED TO BCI MECHANICAL, INC. IN THE AMOUNT OF $64,745.) 7. NO. 99-063 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORI"9 CONTRACT FOR THE CONSTRUCTION OF THE SENIOR CENTER PARKING LOT, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE. (BID #2339 - SENIOR CENTER PARKING LOT AWARDED TO DBR CONSTRUCTION IN THE AMOUNT OF 528,059.) i ' I 8. NO.99-CP64 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ACCEPT AN INTERLOCAL AGREEMENT WITH DFW INTERNATIONAL AIRPORT TO AUTHORIZE PARTICIPATION IN VARIOUS DFW INTERNATIONAL AIRPORT CONTRACTS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES; C U City of Denton City Council Minutes March 2, 1999 Page 4 a AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. (FILE #2247 - INTERLOCAL AGREEMENT WITH DFW INTEWNATIONAL AIRPORT.) 9. NO. 99-065 AN ORDINANCE ACCEPTING COMPETITIVE SEALED PROPOSALS AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT BETWEEN THE CI1Y OF DENTON AND THE FUNDAMENTALS PROGRAM, INC. DBA ONCOURSE USA FOR LEASE OF THE NORTH LAKES PARK GOLF DRIVING RANGE AND PROVIDING AN EFFECTIVE DATE. (RFP #2336 - LEASE FOR N-IRTH LAKES PARK GOLF DRIVING RANGE AWARDED TO THE FUNP 4 ENTALS PROGRAM. INC. DBA ONCOURSE USA.). 10. NO. 99-066 AN ORDINAN" ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF EQUIPMENT FOR POLICE SEDANS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 02314 - EQUIPMENT FOR POLICE SEDANS ' AWARDED AS LIST IN THE TOTAL AMOUNT OF $31,408.00.) I H. NO. 99-067 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF WATER TREATMENT CHEMICALS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID #2335 - WATER TREATMENT CHEMICALS AWARDED AS LISTED IN THE ESTIMATED AMOUNT OF $451,000.) 12. NO. 99-068 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY )F DENTON AND THE CITY OF ROANOKE FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 13. NO. 99-069 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT r` APPLICATION WITH THE SCHOOLS AND LIBRARIES CORPORATION (SLC) (t°. FOR TELECOMMUNICATION AND INTERNET SERVICES AND APPROVING AN APPLICATION TO THE SLC TO OBTAIN A GRANT FOR TPLECOMMUNICATIONS AND INTERNET SERVICES FOR THE DENTON PUBLIC LIBRARY; RATIFYING THE ACTIONS OF THE CITY MANAGER, DIRECTOR OF THE LIBRARY, AND OTHER CITY OFFICIALS IN REGARD TO THIS GRANT APPLICATION; AND PROVIDING AN EFFECTIVE DATE. t City of Denton City Council Minutes March 2,1999 Page 5 PUBLIC HEARINGS 14. The Council held a public hearing and considered approving a detailed plan for 15.3 acres in Planned Development 39 (PD39) zoning district. The approved concept plan for the district allowed for cluster homes with a maximum density of l0 ,snits to the acre in this area; the proposal was for 94 single-family lots, translating into approximately 6.2 units to the acre. The Planning and Zoning Commission recommended approval 5-2. (Z-99-001 - Forman Williamsburg Square) Mark Donaldson, Assistant Director for Planning and Development, stated that staff had listed the wrong number of housing units in the back-up materials. In a discussion with the Legal Department, it was felt that it was legal to continue but Council might want to postpone. The applicant wanted to continue. City Attorney Prouty stated that a valid notice was in the newspaper noting the proper zoning, location and detailed plan. The only problem was that the notice understated the density. There were no protests to the density but it might be possible to have someone object if a citizen knew it had a higher density. He would prefer to postpone the public hearing but he could not say it was a legally defective notice. Council Member Durrance. motioned to postpone consideration of the proposal. Motion died for lack of a second and Council proceeded with the public hearing. Donaldson stated that 104 housing units were proposed in the development that would place the density at 6.8 units per acre in PD-39. A majority of the lots were in the 4,400 to 5,000 size with reduced numbers as lot size increased. The lots were smaller than standard zoning but the zoning was less dense than the approved concept plan. Council Member Durrance asked about access to the proposal Donaldson stated that there was a provision for a second access but currently there was only one y access to Stuart. There had been a previous request for a variance for a second access but that \f was denied by the Planning and Zoning Commission. Fick Svehla, Deputy City Manager, stated tlld Council could amend the planned development to require the developer to complete a stub on Hercules. Council Member Cochran asked if Council could also amend the planned development to include an additional access on Stuart. Svehla replied that there would be no problem with the access on Stuart if they were lined up r' A with the current streets. The proposal was not to have them lined up due to the layout of the f property. Staff would recommend access on the south rather than two accesses on Stuart. 1:,c Mayor opened the public hearing. Brian Burke stated that he agreed with the safety issue with only one access. The developer had tried to purchase the property to the south of this proposal but with no success. It was felt that u City of Denton City Council Minutes March 2, 1999 Page b detached single family housing would not sell well on major highways. It was his Impression that strip commercial zoning was not something that the community wanted. There were not many opportunities to bring this type of development to Council. Dan Gould, Jr. slated he would answer any questions from the Council. Toni Edumundson stated that he was in opposition to the proposal. He did not see any conditions regarding the proposal. He suggested a fence along the area along Loop 288 and brick on the first floor of each house. Dessie Goodson asked about public transportation In the area. Dale Brown stated that he had concerns with the proposal. First was the lack of notice on the meetings. Second was the density with the impact on the schools. Third was the original notice received as it was in an envelope that could have been misunderstood as junk mail. Brian Holman stated that at the last meeting Council had recommended a community meeting to discuss concerns with the project. No such meeting had been held. He had found out about this meeting tale in the aRemoon. He felt the project was done without proper notice. This project was an end tun around the notice requirement and felt that since the proposal was now reduced from the original plan, the 200-foot notice requirement was not needed. He was concerned about the number of houses that would be packed into the area and requested some green space in the area to help with the appearance of the project. The petitioner was allowed a five minutes rebuttal. Mr. Gould stated that he had met with some of the P.eighbors individually but did not have a group meeting. Denton could use houses of this type, Choice Builders would do a good job with the project. Mayor Pro Tem. Beasley asked about the amount of brick that would be on the him s. Gould stated that the plans were not completed at this time. ` Mayor Pro Terri Beasley asked about the effect of requiring a certain percentage of brick on the homes Gould stated that he was not certain of the effect that would have. Currently they were in the design phase for the homes. Mayor Pro Tern Beasley asked about a small pocket park in the area. Gould replied that City staff did not desire a pocket park in this area as those were hard to maintain and develop. The Mayor closed the public hearing. Jr Council Member Burroughs asked about the proposal of a small park. Ed Hodney, Director of Parks and Recreation, stated that the vision of the park dedication ordinance was a park system that would be efficient and cost effective. A preference would be to I I i t City of Denton City Council Minutes March 2, 1999 Page 7, Pool resources from this subdivision with resources from other developers in the area and acquire a larger park to serve the area and other subdivisions in the area of/, mile. Young motioned, Cochran seconded to approve the proposal with the condition that the first floor of homes would be 100% brick e,;cept the doors and windows. Mayor Pro Tern Beasley stated that sNi had voted against two previous proposals on this property and they had larger lots. She felt this was too dense of a develo,)ment for the aria. There was only one entrance to the subdivision and felt that quality of life wot Id be poor. Council Member Kristoferson offered a friendly amendment of 75% brick face on the entire house front. She also asked Council to consider a pocket park in this proposal. This was entry level housing and there was a need to assure the longevity of the neighborhood and ongoing valuable asset. She would like a higher level of street trees, recessed driveways of 25 feet with al I garages to be double and not single. Coun& Acmber Young staled that he would accept the condition for a park and for Cie recessed garage of 25 feet but not for the double garage. Council Member Burroughs asked about the stub street. Donaldson replied that the stub out was not part of this detailed plan. Council could attach a condition to complete the street to Hercules as a function of developing Phase 11. i Council Member Burroughs suggested that as a friendly amendment. Council Member Cochran felt that there should be an entrance in that area but the developers did not own that land. A speedy resolution to one entrance would be a good goal but he would rather see two entrances on Stuart as that would be the quickest resolution and the developers owmed that land. Council Member Burroughs rated that he understood that the stub could not be connected at this point in time but it would be ready for a connection in the future. Svehla stated that there were two issues for Council to consider. If Council wanted two entrances on Stuart, a 4/5ths majority vote would be needed to proceed. The other option to the south would include a condition that the developer would build it with Phase 11, they could come back to Council and, if unable to make an agreement with the land, suggest eminent domain in the interest of public safety to help the developer condemn the land and build a second entrance to the south with Phase 11. Burroughs motioned an amendment to the main motion to provide for a second access in Phase II of the development, Motion died for lack of a second. ? t` c Council Mcmbc Cochran felt that there was an adequate buffer zone from the adjacent zoning classifications. He was in agreement with not having larger homes along major thoroughfares especially with a truck route in the area. Ile felt that one way to ensure that Denton would be a bedroom community would be to make it that individuals in the community could not purchase liomcs here, The current zoning in the area permitted a much greater density. This was a r r: t . it 1 City of Denton City Council Minutes March 2,1999 Page 8 downzoning from what was currently allowed. This was not a rezoning and the current *n could be built. Council Member Durrance siated that he would be voting against the motion. This was a higher density than the previous request. lie also felt that the zoning notification was not adequate. He felt that the proposed amendments were not an wis%cr to the problems of the proposal. Council Membcr Burroughs stated that this devtlopmerre had already been zoned and the density had already been approved by a prior concept plan approval. He fc%. a was difficult to devebp single family homer; along major thoroughfares. This proposal was better than what was already approved. If a pocket park were done in this area, a larger park might not be developed in a closer area. There would be a series of open areas but not parks, lie would prefer to vote on the peek area separately. Young motioned, Burroughs seconded b vote on the pocket park separately. Council Member Kristoferson felt that this was merely a salvage p,oeerlure for this Froperiy. Council did not want to work with changing planned developments and had to use these procedures to enhance old planned developments. Council Member Young felt that the Council was moving towards a policy that ell houses had to be SF-10. He felt that would discriminate against low-income individuals. Not everyone could i afford large lots and expensive homes. On roll vote for the pocket park, Beasley "eye", Burroughs "nay' Cochran "nay", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "nay". hlotion failed with a 34 vote, On roll vote of the main motion with the conditions of 75% front brick, recessed garages of 25 feet and street trees every 50 feet, Beasley "nay", Burroughs "aye", Cochran "aye', Dumnce "nay", Kristoferkin "nay", Young "aye", and Mayor Miller "aye'. Motion passed with a 4.3 vote. Council considered Item # IS 18. The Council held a public hearing regarding the proposed Planned Development zoning of a 114.76 acre property located on the north side of Hickory Creek Road, northwest of McNair Elementary School in Denton's extraterritorial jurisdiction (ET)) known as the Ryan Tract. Mark Donaldson, Assistant Director of Planning and Development, stated that this was only a public hearing to receive public comment regarding the proposed zoning. He summarLed the changes from the original proposal as noted in the agenda materials. i The Mayor opene.i the public heari ng. ' The following indiv t :I choke during the public hearing: Teri Arterbum, iii-l1 I Christine Rowl, favor Brenda Phillips, favor Steve Rows, favor E City of Dcnlon City Council Minutes March 2, 1999 Page 9 The Mayor closed the public hearing. The Council returned to the regular agenda order, 15. The Council held a public hearing and considered approval of an amendment to The 131.76-acre concept plan for Planned Development 1 l l (PD111) zoning district and of a detailed plan containing 27• l acres therein. The property was legally described as Tract 7, 7A, 8 and 8A in the Berry Merchant Survey (Abstract 8tt0) and was located on the south side of Robinson Road and east or Nowlin Road. The proposal was to add 94 single-family to's to the Oakmont commun,-y. The Planning and Zoning Commission recommended approval 6-0, IA•98-059) Mark Donaldson, Assistant Director of Planning and Development, stated that two actions were proposed. One was to amend the concept Flan to adjust for the various zonings and the other was to ipprove a detailed plan. He reviewed the lzcation of the site and c;ianges in the proposal. { Council Member Kristoferson questioned if this might be the time to place a time limit on the planned development. If it were not developed within a certain time frame, it would revert back to agriculture zoning. City Attorney Prouty stated that it would be risky if one planned development were done at a time, lie felt it would be better to have staff develop a set of guidelines for that type of proposal. i From a legal standpoint it would be better to do that as a uniform ordinance for all planned developments and not for individual planned developments. Don Allen spoke in favor of the proposal. The Mayor closed the public hearing, The following ordinance was considered; NO. 99-071 AN ( RDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 1-81 TO PROVIDE FOR THE APPNOVAL OF AN AMENDED CONCEPT PLAN FOR PLANNED DEVELOPMENT 111 (PD-111) ZONING DISTRICT LOCATED EAST OF NOWLIN ROAD AND SOUTH OF ROBINSON ROAD; APPROVING A DETAILED PLAN CONTAINING 27,1 ACRES WITHIN THE AMENDED CONCEPT PLAN; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, (2-98- 059) Young motioned, Beas!cy seconded to adopt the ordinance. Council Member Durrance stated that even with the proposed amenities the development was still too dense. s City of Denton City Council Minutes March 2,1999 Page 10 a, On roll vote, Beasley "aye", Burroughs "aye', Cochran "aye', Durrance "nay", Kristoferson "aye', Young "aye', and Mayor Miller "aye'. Motion carried with a 6-1 vote. 16. The Council held a public hearing and considered a request to rezone 5.014 acres from an Agricultural (A) zoning district to a General Retail wish conditions (GR(cj) zoning district. The property was legally described as 5.014 acres in the James Severe Survey (Abstract 1164). It was located on the east aide of highway 377, north of the Hills of Argyle subdivision. The Planning and Zoning Commission recommended approval 5.2 with conditions. (Z-98.060) Mark Donaldson, Assistant Director of Planning and Development, stated that the conditions in the agenda materials were recommended by the Planning and Zoning Commission, The Mayor opened the public hearing. Gerald Yenson stated that the property did not have a proposed development at this point in time. He was trying to present a request for a zoning change or investment purposes. Council Member Kristoferson asked if the petitioner would place "accessory building" on the prohibited use list. Yenson felt that he had givw i in much and was reluctant to have any further restrictions. i The Mayor closed the public bearing, Young motioned, Burroughs seconded to approve the proposal as submitted and with the conditions recommended by the Planning and Zoning Commission. Council Member Krsloferson stated that she was not in favor of the motion as this would be speculative zoning that a future Council might have to deal with. She needed a use for a better judgement of the case. Council Member Cochran stated that he was not comfortable with zoning without planning for a definite use. Council Member Durrance stated that he would be voting against the motion, as he was not in favor of strip commercial development. Mayor Miller stated that the City needed neighborhood areas but this proposal was not providing for that, This proposal was a way to place a higher value on the land for the purpose of speculative zoning. He Indicated that he would be voting against the motion. Council Member Burroughs asked if a condition of a time limit for development such as 5 years could be placed on the zoning and if not developed in that time frame, it would revert back to \ < agricultural zoning. City Attorney Prouty slated that it could be done but that he would not recommend it. Council Adember Burroughs asked if the applicant would be willing to voluntarily place such a time limit on the proposal. t t I I II I t ~I I City of Denton City Council Minutes March 2, 1999 Page 1 l Yenson stated that he would be willing to accept a time frame. Burroughs offered a friendly amendment of a five year condition to begin the development or it would revert back to agriculture. Council Member Young accepted that amendment. On roll vote, Beasley "nay", Burroughs "aye", Cochran "nay", Durrance "nay", Kristoferson "nay", Young "aye", and Mayor Miller "nay". Motion failed with a 2-5 vote, 17. The Council held a public hearing and considered a detailed plan on 2,338 acres for a single-family residential development in Planned Development 86 (PD86), which currently allowed for multi-family dwellings. The 2.338-acre site was located on the south side of Windsor Drive, west of Bonnie Brae. The purpose of the detailed plan was to develop fourteen 7,000 square foot single family lots, The Planning and Zoning Commission recommended approval 7.0 with conditions. (Z-98-062) Mark Donaldson, Assistant Director of Planning and Development, stated that multi-family zoning allowed single family use as a right by that zoning. The proposal was for 14-7,000 square foot lots to allow single family housing on both sides of the crect The balance of the block would be multi-family residential. Within the concept plan was a neighborhood service district. Four conditions were recommended by the Planning and Zoning Commission as noted in the agenda materials. 1 The Mayor opened the public hearing. The following individuals spoke during the public hearing: Bob Shelton - favor with change In Planning and Zoning Commission condition of 100% brick on front of building instead of the entire first floor. Norma Lynn Gamble • opposition Tom Edmondson • opposition Rebuttal from petitioner - Shelton stated that they had agreed to go with the 7,000 square foot lots and did not realize that the Planning and Zoning Commission had requested brick on all sides. The Mayor closed the public hearing. The following ordinance was considered: NO. 99-072 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO. 84.133 TO PROVIDE FOR A DETAILED PLAN FOR 2.338 ACRES LOCATED r r ti WITHIN PLANNED DEVELOPMENT 86 (PD-86); THE SUBJECT PROPERTY IS LOCATED ON THE SOUTH SIDE OF WINDSOR DRIVE, EXTENDING TO THE NORTH SIDE OF WESTWARD DRIVE, APPROXIMATELY 1,037 FEET WEST OF BONNIE BRAE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000,00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. i City of Denton City Council Minutes March 2, 1999 Page 12 Young motioned to approve the request with the conditions from the Planning and Zoning Commission plus an added condition that 100% brick be on only the front of the homes. Motion died for lack of a second. Cochran motioned, Beasley seconded to approve the request with the conditions as recommended by the Planning and Zoning Commission, On roll vote, Beasley "aye", Burroughs "aye', Cochran "aye', Durrance "nay", Krisloferson "aye", Young "aye', and Mayor Miller "aye". Motion carved with a 6.1 vote. Item 028 and 029 were considered. I 28. The Council considered adoption of an ordinance declaring a public necessity existed and finding that public welfare and convenience required the taking and acquiring of public street right-of-way easement in 1.619 acres of land located in the Gideon Walker Survey, Abstract No. 1333, owned by Shady Shores I-35 Joint Venture; authorizing the City Manager or his designee to make an offer to purchase the property for its fair market value and if such offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of constructing street improvements from the proposed Lakeview Boulevard to Shady Shores Road; and declaring an effective date. 29. The Council considered adoption of an ordinance authorizing the City Manager to i execute an agreement on behalf of the City of Denton with the Preserve of Pecan Creek partners; providing for the payment of the cost of condemnation for construction of street improvements from the proposed Lakeview Boulevard to Shady Shores Road. JJ Rick Svehla, Deputy City Manager, stated that Items 028 and 29 went together. It was 1 recommended to begin condemnation proceedings for this piece of ground for the proposed Preserve project The developer had tired to come to agreement with the landowner on access to the property and had asked the City for assistance. If Item 028 was approved, Item 029 was a contract with the dcveloper that he would bear all of the costs of the condemnation. Ken Chaikcn stated that he represented the owner of the property. He had been involved in litigating eminent domain cases for many years and knew that there had to be a specific purpose for eminent domain. This case was merely for a private landowner and not for a public purpose. The City was acting as a mediator. If Council authorized this, it would bring about expensive litigation. There was no need for the access to the property. There was an access available but the dcveloper would prefer access through this route. City Attorney Prouty staled that staff felt there was a need for this route. It was part of the mobility plan. He felt there was a public purposi. and that the ordinance also involved additional negotiations with the landowner before proceeding to Court for the condemnation. h Svchla felt that there was a public purpose for the route and was on the mobility plan for many years before the Preserve was approved. ' I Council Member Burroughs asked if the owner had an intended use for the property. i I i r - I City of Denton City Council Minutes March 1, 1999 Page 13 Chaiken stated that there was no slated use at this point in time. The primary concern was that the owner of the Preserve wanted the property and was dish, untied that he missed an opportunity to purchase the property when it was on ;he open market. Ao had approached the current owner of the property for a preferred access to tie site and did not like the cost of the property and thus asked the City to help. The following ordinances were considered, NO. 99-081 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF PUBLIC STREET RIGHT-OF-WAY EASEMENT IN 1.619 ACRES OF LAND LOCATED IN THE GIDEON WALKER SURVEY, ABSTRACT NO. 1333, OWNED BY SHADY SHORES 1.35 JOINT VENTURE; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNAf ION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING STREET IMPROVEMENTS FROM %HE PROPOSED LAKEVIEW BOULEVARD TO SHADY SHORES ROAD; AND DECLARING AN EFFECTIVE DATE. NO. 99-082 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN ' AGREEMENT ON BEHALF OF THE CITY OF DENTON WITH THE PRESERVE OF PECAN CREEK PARTNERS; PROVIDING FOR THE PAYMENT OF THE COST OF CONDEMNATION FOR CONSTRUCTION OF STREET IMPROVEMENTS FROM THE PROPOSED LAKEVIEW BOULEVARD TO SHADY SHORES ROAD. Beasley motioned, Burroughs seconded to approve both ordinances for Item #28 and #29. Council Member Cochran stated that he would be voting against the motion, as he did not feel it was appropriate. This was a market place situation. On roll vote to adopt Ordinances No. 9941 and 99-082, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "nay", Kristoferson "rye % Young "aye", and Mayor Miller "aye". Motion carried with a 5.2 vote. Items #30 and 31 were considered together. , 30. The Council considered an ordinance declaring a public necessity existed and finding that t til public welfare and convenience required the taking of and acquiring of a street right-of-way easement In 0.165 acres and a temporary construction and grading easement in 0.412 acres of land located in the Francis Batson Survey, Abstract No. 43, owned by Norma and D. Gene Gamble; authorizing the City Manager or his designee to make an offer to purchase the property for its fair market value and if such offer is refused, authorizing the City Attorney to institute the ' n City of Denton City Council Minutes March 2, 1999 Page 14 necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of construction street improvements for westward drive; and declaring an effective date. i 31. Council considered an ordinance authorizing the City Manager to execute an agreement on behalf of the City of Denton with R. H. of Texas, Ltd. partnership; ; r^viding for the payment )f the cost of condemnation to construct street improvements for Westward Drive. Rick Svehla, Deputy City Manager, stated that the main portion of the collector street for this development would be Wilt on the Shelton property. There was a short stub in an existing subdivision. The proposal would allow for the collector street to be centered rather than all on one property. The two property ownr.rs could not come to a price agreement and condemnation might be necessary. Norma Lynn Gamble felt that they had not been g;ven proper notification regarding this issue. Her concern was that the offer had tAt been negotiated in good faith and proper procedure had not been followed. She reviewed $e details of her account of the negotiations for the construction and grading easement. She asked that the items be postponed in order to negotiate in good faith, Gene Gamble stated that he was not trying to stop the street from going through but that they were having problems with a settlement of the price of the property. He felt there had not been good communication between the two parties. 11e was asking for a postponement for several days to allow for further negotiations. Steve Poston stated that a primary concern was to work out the details. Even if the ordinances were approved, it would not prohibit continued discussions. A number of offers had been made J to the Gambles for the property and they had had a number of meetings with the Gambles regarding the He of the property. He strongly disagreed with a postponement and requested the Council to continue with the ordinances. Council discussed whether or not to consider postponement of the ordinances. Beasley motioned, Cochran seconded to postpone the above two ordinances until the next meeting and ha%c the two parries work on their differences. On roll vote for Items #30 and #31, Beasley "aye", Burroughs "aye", Cochran "aye", Durance "syc'", Kristoferson "aye", Young "nay", and Mayor M; Iler "nay". Motion carried with a 5.2 vote, Itcm 020 was considered. 20. The Council considered adoption of an ordinance amending Ordinance Nos. 88.189 and 95.191 and Chapter 8 of the Code of Ordinances, which respectively granted a franchise to r~ Sammons Communications, Inc. and authorized the transfer of that franchise i Marcus Cable Associates, L.P„ granting consent to th,a assignment and transfer of control of a cable television system and franchise from Marcus Cable Associates L.L.C. to Paul 0. Allen; and approving an acceptance agreement and an agreement in accordance with the terns and conditions of this ordinance; providing for a savings clause; providing for publication; providing for the effect of this ordinance upon other ordinances and resolutions; and providing an effective date. (First Reading) I City of Denton City Council Minutes March 2, 1999 Page 15 x. Richard Foster, Public Information Officer, stated that this was the first reading to transfer the service from Marcus Cable to Paul Allen. The following ordinance was consideredi (FIRST READING) AN ORDINANCE AMENDING ORDINANCE NOS. 88189 AND 95.191 AND CHAPTER 8 OF THE CODE OF ORDINANCES, WHICH RESPECTIVELY GRANTED A FRANCHISE TO SAMMONS COMMUNICATIONS, INC. AND AUTHORIZED THE TRANSFER OF THAT FRANCHISE TO MARCUS CABLE ASSOCIATES, L.P., GRANTING CONSENT TO THE ASSIGNMENT AND TRANSFER OF CONTROL OF A CABLE TELEVISION SYSTEM AND FRANCHISE FROM MARCUS CABLE ASSOCIATES L.L.C. TO PAUL G. ALLEN; AND APPROVING AN ACCEPTANCE AGREEMENT AND AN AGREEMENT IN ACCORDANCE WICH THE TERMS AND CONDITIONS OF THIS ORDINANCE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR THE EFFECT OF THIS ORDINANCE UPON OTHER ORDINANCES AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE, Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", I Burroughs "aye", Cochran "aye", Durrance "aye', Kristoferson "aye", Young "aye", and Mayor Millcr "aye". Motion carried unanimously. ITF,MS FOR INDIVIQUAL CONSIDERATION 18. The Council considered adoption of an ordinance granting a threc•year exception to the City's noise ordinance with respect to hours of operation of an amplified loudspeaker system for the Denton Festival Foundation in connection with the Denton Arts & Jazz Festival held in Civic Center Park on the last Friday, Saturday, and Sunday in April. The following ordinance was considered: NO. 99-073 AN ORDINANCE GRANTING A THREE-YEAR EXCEPTION TO THE CITY'S NOISE ORDINANCE WITH RESPECT TO HOURS OF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM FOP. THE DENTON FESTIVAL FOUNDATION IN CONNECTION WITH THE DENfON ARTS & JAZZ FESTIVAL HELD IN CIVIC CENTER PARK ON THE LAST FRIDAY, SATURDAY, AND J SUNDAY IN APRIL. i ' . Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "eye", 1 r Burroughs "aye", Cochran "aye', Durrance "aye", Kristoferson "aye", Young "eye", and Mayor Miller "aye". Motion carved unanimously. 2L The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for professional legal services with the I i City of Denton City Council Minutes March 2, 1999 Page 16 Tt law office of Jim Boyle for services pertainiy to legal and legislative matters respecting the City of Denton Municipal Utilities before the 76 Texas Legislature; authorizing the expenditure of funds therefor; providing for retroactive effect of the agreement; and providing an effective date. The following ordinance was considered: NO. 99-074 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW OFFICE nF JIM BOYLE FOR SERVICES PERTAINING TO LEGAL AND LEGISLKFIVE MATTERS RESPECTING THE CITY OF DENTON MUNICIPAL IJTILII7E; BEFORE THE 76M TEXAS LEGISLATURE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Durrance motioned, Beasley seconded to adopt the ordinance Council Member Young stated that he would be voting against the motion, as There were no Denton County lawyers involved and he was not in favor of consul=ts. I On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferwrt "aye", Young "nay", and Mayor Miller "aye". Motion carried with a 6-1 vote. 22. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for professional legal services with the law firm of Lloyd, Gosselink, Blevins, Rochelle, Baldwin & Townsend, P,C, pertaining to , representation of the City in litigation and the provision of related legal services respecting the City of Denton Municipal Utilities' provision of water and wastewater service to customers within its city limits and its extraterritorial jurisdiction; authorizing the expenditure of funds therefor; providing for retroactive effect of the agreement, and providing an effective date. The following ordinance was considered: NO. 99-075 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AU-11OR1ZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF LLOYD, GOSSELINK, BLEVINS, ROCHELLE, BALDWIN & TOWNSEND, P.C. PERTAINING TO REPRESENTATION OF THE CITY IN LITIGATION AND THE PROVISION OF RELATED LEGAL SERVICES RESPECTING THE CITY OF DENTON MUNICIPAL na ; e UTILITIES' PROVISION OF WATER AND WASTEWATER SERVICE TO CUSTOMERS WITHIN ITS CITY LIMITS AND ITS EXTRATERRITORIAL JURISDICTION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE tiFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. II I City of Denton City Council Minutes March 2,1999 Page 17 Beasley motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "aye', Burroughs "aye", Cochran "aye', Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "aye". Motion carried with a 6-1 vote. 23. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agrcement for professional legal services with the law firm c f Tmy Morgan & Associates pertaining to representation of the City in litigation and the provision of related legal services respecting the City of Denton Municipal Utilities' provision of water and wastewater service to customers within its city limits and its extraterritorial jurisdiction; authorizing the expenditure of funds therefor, providing for retroactive effect of the agreement; and providing an effective date. The following ordinance was considered; NO. 99-076 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL LEGAL SERVICES WITH THE LAW FIRM OF TERRY MORGAN & ASSOCIATES PERTAINING TO REPRESENTATION OF THE CITY IN LITIGATION AND THE PROVISION OF RELATED LEGAL SERVICES RESPECTING THE CITY OF DENTON MUNICIPAL UTILITIES' PROVISION OF WATER AND WASTEWATER SERVICE TO CUSTOMERS WITHIN ITS CITY LIMITS AND ITS EXTRATERRITORIAL JURISDICTION; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; PROVIDING FOR RETROACTIVE EFFECT OF THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye', Kristoferson "aye", Young "nay", and Mayor Miller "aye". Motion carried with a 6-I vote. i Items #24.27 were considered in one motion, Burroughs motioned, Beasley seconded to adopt the ordinances for Items N24.27, On roll vote, Beasley "aye", Burroughs "aye', Cochran "aye", Durrance "aye", Mstoferwn "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously, ! 24. NO. 99-077 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND COTI, JOINT VENTURE, RELATING TO THE PURCHASE OF 1.224 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 13); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 23. NO. 99-078 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND COTI, JOINT VENTURE, RELATING TO THE City of Denton City Council Minutes March 2, 1999 Page 18 PURCHASE OF 1.073 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 13E); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 26. NO.99-079 AN ORDINANCE APPROVING A REAL FSTATE CONTRACT BETWEEN THE CITY OF DENTON AND E. E. WRIGHT, JR. AND E. E. WRIGHT 111, RELATING TO THE PURCHASE OF 0.008 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 50); AUTHORIZING THE EXPE;NDIItRE OF FUNDS TH EREFOR; AND PROVIDING AN EFFECTIVE DATE. 27. NO. 99-080 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND JOE BRYON PENNINGTON, RELATING TO THE PURCHASE OF 0.008 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 51); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 32. Tre Council considered adoption of an ordinance abandoning a portion of a ten foot sanitary sewer casement located in Wind River Estates, Phase VI and VU, and a portion of a fifteeu foot sanitary sewer easement located in Wind River Estates, Phase V; and providing an effective date. The r0owing ordinance was considered: NO, 99-083 AN ORDINANCE ABANDONING A PORTION OF A TEN FOOT SANITARY SEWER EASEMENT LOCATED IN WIND RIVER ESTATES, PHASE VI AND Vll, AND A PORTION OF A FIFTEEN FOOT SANITARY SEWER EASEMENT LOCATED IN WIND RIVER ESTATES, PHASE V; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 33. The Council considered approval of funding recommendations from the Oversile Committee for the fourth and fifth years of the 1996 CIP Bond election. I ! i Rick Svehla, Deputy City Manager, staled that if Council approved the recommendations, all of (A'. the money would be allocated in the existing CIP program. Bonds would be sold in April Young motioned, Burroughs seconded to approve the recommendations. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristorerson "aye", Young "ayeand Mayor Millcr "lye". Motion carried unanimously. c w: City of Denton City Council Minutes March 2, 1999 Page 19 t, 34. The Council received information and gave staff direction regarding potential d'+vestiture of electric distribution system and fiber optic system. Sharon Mays, Diteclor of Electric Distribution, stated that the staff recommendation was to continue to move forward with the generation but complete data collection and then determine whether move forward with the divestiture of the distribution system and fiber optics system. Cochran motioned, Durrance seconded to adopt Option Two. On roll vole, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Krisioferson "aye", Young "eye", and Mayor Miller"aye'. Motion carried unanimously. 35. The Council considered nominattonslafpointments to City beards and commissions. No nominations/appointments were made at this meeting. 36. Miscellaneous matters from the City Manager. City Manager Jez indicated that the City had been selected by National League of Cities as first runner up award for its Cultural Diversity award. 37. New Business The following items of New Business were suggested by Council Members for future agendas: A, Council Member Burroughs requested a work session dealing with the sunsetting of planned developments. 1 38. There was no continuation of Closed Meeting under Sections 551-071-551.085 of the Texas Open Meetings Act. 39. The following official action was taken on Closed Meeting items held under Section 351- 071-551.085 of the Texas Open Meetings Act. 1 Beasley motioned, Burroughs seconded to grant 4,e salary increases for the Council's three employees as discussed in the earlier Closed Session. On roll vole, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Krisloferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. With no further business the meeting was adjourned at 12:40 a.m. JACK MILLER, MAYOR ' A" ~ CITY OF DENTON, TEXAS JENNIFER WALTERS C17 Y SECRETARY CITY OF DENTON, TEXAS { c f CITY OF DENTON CITY COUNCIL MINUTES March 23, 1995 Alter determining that a Council convened quotum was present and convening in an open meeting, the City City Council Chin a Special Called meeting on Tuesday, March 23, 1999 at 11:00 am. in the an,bers of City ,all. PRESENT: Mayor Miller, Mayor Pro Tent Beasley; Council Members Cochran, Kristoferson and Young. ABSENT: Council Member Burroughs and Durrance I. The Council received and opened bids regarding City of Denton General Obligation Bonds, Stries 1999. Diana Ortiz, Director of Fiscal Operations, stated that David Modanich, First Southwest Company, would open the bids. announce the low bidder, review and make sore the bid was correct. David Medan;ch, First Southwest Company, presented the following bids: Dean Witter Reynolds 4.75159 Legg Mason Wood Walker-4.7653 Chase Bank - 4.7324 First Scuthwest - 4.76443 Morgan Keegan - 4.7394 Ndedanich stated that Chase Bank had the lowest bid and recommended Council accept that bid. 2. The Council considered adoption of an ordinance authorizing the issuance, sale, and delivcryy of City of Denton General Obligation Bonds, Series 1999, levying the tax to sane, and approving and authorizing instruments and procedures relating thereto; and tprovng o pay i sae' effective date. The following ordinance was considered; NO. 99-099 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DFLiv-ERY OF CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 1999, LEVYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Young seconded to adopt the ordinance. On roll vote Beash "Aye', Kristoferson "aye", Young "aye", and Mayor MiIlet "aye'. Motion carried unan mouslyhmr, 3. The Council received and opened bids regarding City of Denton Certificates of Obligation, Scries 1999. Dav°d Medanich, First Southwest Company, presented the following bids: t. t~ City of Denton City Council Minutes March 23, 1999 Page 2 Legg Mason Wood Walker - 4.7305 First Southwest - 4.7242 1.C. Bradford -4.7188 Dean Witter Reynolds - 4,7142 Mcdanich stated that Dean Witter Reynolds was the lowest bidder and recommended that Council accept that bid. 4. The Council considered adoption of an ordinance authorizing the issuance, sale, and eelivery of City of Denton Certificates of Obligation, Series 1999, and approving and authorizing instruments and procedures relating thereto; and providing an effective date. The following ordinance was considered: No. 99.100 AN ORDNANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1999, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Cochran "eye', Kdstofcrson "aye', Young "aye", and Maynr Miller "aye", Motion carried unanimously. With no further business, the Special Called meeting was adjourned at 11:15 a.m. Aller dclermlving that a quorum was present and convening in an open meeting, the City Council convened In a closed meeting on Tuesday, March 23, 1999 at 5:13 p.m. In the Council Work Session Room at City Hall, PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None L the Council considered the following in Closed Meeting: A. Consultation with Attorney - Under TEX. GOVT, CODE Sec. 551,075. Discussed and consulted with the City's attorney, including outskl, legal counsel, litigation styled City of Denton v, Denton CountyFresh Water Supply District A'o, JA and Denton Count Fresh Water Supply District No. S, Cause No. 99.40158• A, 362, filed in the 362' District Court of Denton County, Texas, Including strategy l), v and possible settlement negotiations. B. Conference with Employees - Under TEX. GOV'T, CODE Sec. 551,075. The Council received Information from employees during a staff conference or briefing, but did not deliberate during the conference. ` c A i V City of Denton City Council Minutes March 23, 1999 t+ Page 3 Rejular Meeting of the City of Denton City Council on Tuesday, March 23, 1999 at 600 p,m. in the Council Chambers at City Hail. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durranai, Kristoferson and Young. ABSENT: None I . Pledge of Allegiance The Council and members of the eua recited the Pledge of Allegiance to 11+e U.S. and Texas flags. 2. The Council considered approval of the minutes of November 17,1998, Beasley motioned, Currance seconded to approve the minutes as presented. On roll vote, Beasley "aye", Bvtaroughs "aye", Cochran "aye", Durrance Faye", Krlstofenon "aye", Young "aye", and Mayor Millcr "aye", Motion carried unanimously. CITIZEN REPORTS } 3. The Council received a report from Willie Hudspeth regarding drainage at 623 Newton Street. Mr. Hudspeth stated that he still had a concern regarding the easement proposal behind his home. Ordinances in his part of the city were not enforced such as the high weed and grass ordinances. He was proposing that the drainage ditch be moved so as to not destroy his trees in the area. The drainage pipe would not be uncovered with such a plan. Five very old trees would be destroyed with the proposed drainage improvements. 4. The Council received a report from Carolyn Phillips regarding a growing concern about the southeast Denton minority population as it related to the Denton Plan ofBrowth, pis. Phillips stated that she would read from her report in order to save time. She felt that there was a plan to move the citizens of southeast Denton out or the area. She had prepared remarks for the Council that were included with the agenda materials. S. The Council was to receive a report from Dcssie Goodson regarding "making a f difference and partying". Ms. Goodson was not present at the meeting, A~' , j NOISE .XC .P1'jQh$, ✓f 6. The Council considered a request for an exception to the noise ordinance for the Denton Unit of the American Cancer Association for the annual Relay for Life to be held Saturday, April 17, 1999, at Fouts field from 12:00 noon to 12:00 midnlght. r t i City of Dcnton City council Minutes March 23, 1999 Page 4 Beasley motioned, Young seconded to approve the exception. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristofcrson "aye', Young "aye", a .d Mayor Miller "aye". Mution carried unanimously. .CONSENT AGENDA Council Member Cochran asked that Items #f7 and k10 be pulled for separate consideration. Burroughs motioned, Kristoferson seconded to approve the Consent Agenda and the accompanying ordinances and resolutions with the exception of Items 07 and 410, On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller Motion carried unanimously. 8. NO. R99-009 A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORINNG THE SUBMISSION OF AN APPLICATION OF THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR STATE OF TEXAS, REQUESTING FUNDING FOR THE DENTON DELINQUENCY PREVENTION/INTERVENTION PROGRAM FOR JUVENILES; PROVIDING FOR THE RETURN OF ANY LOST OR MISUSED FUNDS TO THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS; AND PROVIDING AN EFFECTIVE DATE. 9. NO, 99.085 AN ORDINANCE ABANDONING AN ELECTRIC TRANSMISSION /DISTRIBUTION LINE EASEMENT SITUATED ON THE NORTH SIDE OF SOUTH INTERSTATE HIGHWAY 35-E, APPROXIMATELY 700 FEET NORTHWEST OF SOUTHERN HILLS BLVD., RECORDED IN VOLUME 325, PAGE 616 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE, PUBLIC HEARINGS 11. The Council held a public hearing and considered a Specific Use Permit for off-street remote parking, The 0.2927 acre property was currently zoned Two-Family (2•F) and was located on the southeast comer of Carroll Boulevard and Congress Street. It was legally described as Lot 7, Block 1, of the Barbs Addition in the Robert Beaumont Survey (Abstract 31). The Planning and Zoning Commission recommended approval 6-0. (Z•99.003) ~i Mark Donaldson, Assistant Director for Planning and Development, stated that this item would i !fir allow for remote off street parking at Congress and Carroll. The applicant was the Denton Chamber of Commerce. The Planning and Zoning Commission recommended approval with three conditions as noted in the agenda materials. The property was within the central business district and was not required to provide any landscaping. The Mayor opened the public hearing. i City of Denton City Council Minutes March 23, 1999 Page S Joe Bridges stated that presently people were using the church parking lot across the street when attending Chamber functions. He felt that was a larger safety problem than the proposal, The Mayor closed the public hearing, The following ordinance eras considered; NO. 99-087 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO ALLOW FOR OFF-STREET REMOTE PARKING ON A 0,2917 ACRE TRACT OF LAND LOCATED AT THE SOUT14EAST CORNER OF CARROLL BOULEVARD AND CONGRESS STREET, WITHIN A TWO-FAMILY (2-F) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "eye", Burroughs "aye", Cochran "aye", Durrance "aye", Mstoferson "aye", Young "aye", and Mayor !Tiller "aye". Motion carried unanimously. l I Council considered Items P18 and N19. 18. 1 he Council considered adoption of an ordinance declaring a public necessity existed and finding that public welfare and convenience required the taking and acquiring of a drainage easement in two parcels of land comprising 0.209 acres and 0.910 acres, respectively, located in the IL Sisco Survey, Abstract No, A-1184, owned by Jasper Kuykendall, Sr.; authorizing the City Manager or his designate tv make an offer to purchase the property for its fair market value and if such offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation In vrdvr to acquire the properly necessary for the public purpose of constructing drainage improvements for the PEC-4 Tributary of Pecan Creek; and declaring an effective date. 19. The Council considered adoption of an ordinance declaring a public necessity existed and finding that public welfare and convenience required the taking and acquiring of a drainage easement in a Fvicel of land comprising 0.366 acres located in the H. Sisco Survey, Abstract No. A. 1184, owned by Jasper Kuykendall, Jr.; authorizing the City Manager or his designate to make an offer to purchase the property for its fair market value and if such offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose orconstructing drainage improvements for the PEC-4 Tributary of pecan Creek; and declaring an effective data r Rick Svchla, Deputy City Manager, stated that this was part of the drainage project Council had ! discussed earlier. The City had been dealing with the landowners off and on since fail of 1998 with no settlement, Staff was asking Council to move towards eminent domain If no agreement could be reached. All tracts were appraised and the appraisal amount compared fairly with the ,ppraisal District's evaluations. I City of Denton City Council Minutes March 23, 1999 Page 6 Council Member Young asked what amount the City was offering for the land. Svehla stated that the City was offering S.25 cents a foot, the owner was asking S.90 cents a foot with the independent appraised value at S.19 cents a foot. Mayor Pro Tern Beasley asked what would be the next s ep in the process, Svehla stated that staff would try again to get a settlement and if not successful would work with the City Attorney's office to begin the condemnation procedure. Typically a Court would appoint three commissioners. Each side presented information to the Commisslor'crs and they then decided what the fair offer should be. That decision could be appealod if dad rd, Marcella Franklin stated that she was asking for the City to be fair with this proposal. Het father had put many hours and dollars into the property. The property was not in the flood plain and was worth more than 25 cents a foot. His property had not been surveyed tike the rest of the area had been. Council Member Young asked that the City work with the owner for a bettor compromise price for the property. Appraised value of property in southeast Denton was always low. This land was worth mere than what it was appraised plus the time and money the owner had put in the property. Ile felt ghat 25 cents a foot was not enough. Council Member Burroughs asked if an appraisal had been done on the property. Kuykcndall stated that the property was measured but was not surveyed. Mayor Pro Tern Beasley stated that the City was tying to remedy the drainage problems in the area, as there was a great need to improve the drainage in the area. Some land needed to be taken in order to do these projects. The following ordinances were considered: NO. 99-092 AN ORDINANCE DLCLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A DRAINAGE EASEMENT IN TWO PARCELS OF LAND COMPRISING 0.209 ACRES AND 0.910 ACRES, RESPECTIVELY, LOCATED IN THE H, SISCO SURVEY, ABSTRACT NO. A•1184, OWNED BY JASPER KUYKENDALL, SR,; AUTHORIZING THE CITY MANAGER OR HIS DESIGNATE TO MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAiI: MARKET VALUE AND Ic SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN C Dro. TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING DRAINAGE IMPROVEMENTS FOR THE PEC-4 TRIBUTARY OF PECAN CREEK; AND DECLARING AN EFFECTIVE DATE. C; City of Denton City Council Minutes March 23, 1999 Page 7 NO. 99-093 AN ORDINANCE DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A DRAINAGE EASEMENT IN A PARCEL OF LAND COMPRISING 0.366 ACRES LOCATED IN THE H. SISCO SURVEY, ABSTRACT NO. A-1184, OWNED BY JASPER KUYKENDALL, JR.; AUTHORIZING THE CITY MANAGER OR HIS DESIGNATE 70 MAKE AN OFFER TO PURCHASE THE PROPERTY FOR ITS FAIR MARKET VALUE AND IF SUCH OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE 711E NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF CONSTRUCTING DRAINAGE IMPROVEMENTS FOR THE PEC-4 TRIBUTARY OF PECAN CREEK; AND DECLARING AN EFFECTIVE DATE. Beasley motioned, Durrance seconded to adopt both condemnation ordinances. Council Member Young suggested postponing the items in order to give parties time to cone to an agreement. Mayor Miller stated that part of the process was to negotiate before going to court. Council Member Cochran stated that the initial offer was made last Cktober and that there had been only one appraisal on this property. Svchie replied correct. Council Member Cochran asked if there had been a counter offer made. Svchla stated that staff had been advised that 2$ cents per foot was a fair offer. The appraisal offered fair market va?ue and could not increase unless by Council, Council Member Cochran askent about the two prices and what had been offered. W Svchla slated that there was approximately one and a half acres of ground with both ordinances. The 6+4,000 feet at 23 cents was $16,000 and the offer was between $16,000 and $22,000. Mayor Miller suggested that before starting the condemnation procedure that the property have another appraiser for a second figure, On roll vote fm approval of both ordinances, Beasley "aye", Burroughs "aye", Cochran "aye, A Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "aye". Motion carried with a 1 r 6.1 vote. 12. The Council held a public hearing regarding the proposed annexation of a 52.49 acre tract located on the south side of Ryan Road, 150 feet east of Forestridge Drive. City of Denton City Council Minutes March 23, 1999 Page 8 Mark Donaldson, Assistant Director for Planning and Development, stated that the protest: had to be split again due to an error on the Planning Department's part. The request was to annex 52,5 acres south of Ryan Road. There was also a request for concurrent zoning with SF-16 adjacent to Ryan Road and SF-10 on the southern portion of the property. A preliminary plan had already been approved with IN single family lots resulting in less than 21 units per acre. This was the first of two scheduled puL!ie hearings. The Mayor opened the public hearing, Charles Stafford indicated that the subdivision would be a compliment and enhancement to the Forrestidege subdivision. It would make a good buffer Into the Ryan Tract No one spoke in opposition. The Mayor closed the public hearing. 13. The Council held a public hearing and considered amending a detailed plan for 5.491 acres located In Planned Development 12 (PD 12) zoning district. The property was located on the south side of 1.35 East, north of Shady Shores Road, commonly known as 4984 South 135E or the Denton Lincoln-Mercury Dealership, The proposal was to increase the number of signs 1 along the 1.35 East frontage road from one to three, The P1enning and Zoning Commission recommended approval 6-0 with conditions. (2.99.007) Mark Donaldson, Assistant Director or Planning and Development, stated that the proposal was to increase the number of signs along the 1.35 East frontage road from one to three, Staff had approved a minor amendment to relocate that sign out of the median along the frontage road and the application was for pole signs varying in size from 16' to 40' and sign areas from 50 to 144 square feet. Essentially this was a variance request but as it was in a detailed plan it had to be treated in that mode. The sign ordinance indicated one sign along the frontage road, the approved detailed plan indicated one sign and the Planning and Zoning Commission recommended approval with the condition that only three signs be allowed with a height and area as shown on the exhibits. y~ The Slayor opened the public hearing. The following individuals spoke during the public hearing; Charles Hamilton Ed Smith Nancee Ustich ` Vicki McCombs A The Mayor closed the public hearing. The following ordinance was considered; cr i City of Denton City Council Minutes March 23, 1999 Page 9 NO. 99-088 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE NO. 82.08 TO PROVIDE FOR A DETAILED PLAN FOR 5.407 ACRES LOCATED WITHIN PLANNED DEVELOPMENT 12 (PD-12) ZONING DISTRICT; THE SUBJECT PROPERTY BEING LOCATED ON THE SOUTH SIDE OF 1-35E, NORTH OF SHADY SHORES ROAD; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Millar seconded to adopt the ordinance as per the Planning and Zoning Commission. Council Member Burroughs stated that three signs were too much and suggested a friendly amendment to have two signs, one of which would be clustered. Council Member Young would not agree to the friendly amendment. On roll vote for approval, Beasley "nay", Burroughs Cochran "nay", Durrance "nay", Kristoferson "nay", Young "eye", and Mayor Miller "aye". Motion failed with a 2.5 vote. Burroughs motioned, Miller seconded to allow one forty-foot sign with two twenty foot signs to be clustered In one location, the site to be determined in conjunction with staff, On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "nay", Kristoferson "nay", Young "aye", and Mayor Miller "aye". Motion carved with a 4.3 vote. ANNEXATION AND ZONiN(1 14. The Council considered formal action on two ordinances regarding property known as the "Ryan Tract"; 14a. The Council considered adopting an ordinance annexing a 114.76 acre tract located on the north side of Hickory Creek Road, northwest of McNair Elementary School. Second Reading, A-78. Mark Donaldson, Assistant Director for Planning, stated that this development had a combination of SF-10 and SF-7 housing developments. It would be required to meet the landscape ordinance and would presen a as many Lees as possible during development. I Cit Attorney Prouty stated that the ordinance in 14a would require six affirmative votes and the r ordinance In 14b, a simple majority vote. The following ordinance was considered; NO. 99-089 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNCXING A TRACT COMPRISING 114.76 ACRES, LOCATED ON THE NORTH SIDE OF HICKORY t I i, City of Denton City Council Minutes March 23, 1999 Page 10 I CREEK ROAD, NORTHWEST OF MCNAIR ELEMENTARY SCHOOL; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "Aye', Burroughs "aye", Cochran "aye", Durrance "aye", Krisloferson "aye", Young "aye", and Mayor Miller "aye", Motion carried unanimously. 14b, The Council considered adopting an ordinance 11or a 114,76 acre tract located on the north side of Hickory Creek Road, northwest of McNair Elementary School, establishing Planned Development (PD-169) zoning district classification and use designation through the approval ors detailed plan; and provide an effective date. ('1-98.056) Mark Donaldson, Assistant Director for Planning and Development, stated that there was an error in one of the charts. There would not be 299 lots but rather 303 lots for a net density of 3A units per acre. The following ordinance was considered: NO. 99-090 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN APPROVAL OF A DETAILED PLAN FOR 105.12 ACRES AND ESTABLISHING PLANNED DEVELOPMENT 169 (PD-169), THE SUBJECT PROPERTY IS LOCATED ON THE NORTH SIDE OF HICKORY CREEK ROAD, NORTHWEST OF MCNAIR ELEMENTARY SCHOOL; PROVIDING FOR A PENALTY IN THE MAXIMUM AN10UNT Of $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Burroughs motioned, Coci,ran seconded to adopt the ordinance with an amendment to reflect the proper number of lots. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristofcrson "aye", Young "aye", and Mayor Miller "aye", Motion carried unanimously, VARIANCE 15. The Council considered an exaction variance from Section 34.114(17) of the Code of Ordinances concerning sidewalks for the Mill Street Addition. The applicant proposed no sidewalk along the frontage of the property. The 0.51 acre property was located on the southeast corner of Enst Mill Street and Industrial Street. The Planning and Zoning Commissio-t r recommended denial 6.0. (V-99.002, Mill Street Addition) A This item was withdrawn from consideration. 16. The Council considered a variance from Section 34114(17) of the Code of Ordinances concerning sidewalks on Hobson Lane and Country Club Road and Section 34.114 of the Code ,~f Ordinances concerning perimeter paving for Hobson Lane, and Section 34.114(t lb) of the Code of Ordinances concerning cul-de-sac length for the proposed plat of Regency Oaks cCity of Denton City Council Minutes March 23, 1999 Page I I Addition located on the east side of Country Club Road (F.M. 1830) and the south side of Hobson Lane. (V-98.017, Regency Oaks Addition) Durrance motioned, Young seconded to approve full variances. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kiistoferson "aye", Young "aye", and Mayor Miller "aye". Motion, carried unanimously. The Council returned to the Consent Agenda items pulled for separate consideration. 7, Council Member Cochran stated that he would not be voting in favor of this ordinance and wanted a separate vote on it. He was concerned about developing a 35 foot "gash" through the community with this drainage pr+Ject. He questioned if the surrounding landowners had been notified of the project. Rick Svchla, Deputy City Manager, stated that ultimately the Council would have to make choices on how to move water in that area. The City was buying three houses as they were in the flood way and would move them or take them down, The landowners had not yet bee notified as the City had to compete for the grant and would send out notifications when and if the City received the grant. ' The following ordinance was considered; NO. 99-084 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT, ON BEHALF OF THE CITY OF DENTON ENGINEERING AND TRANSPORTATION DEPARTMENT AS GRANTEE, WITH THE TEXAS WATER DEVELOPMENT BOARD, AS CRANTOR FOR THE FEDERAL EMERGENCY MANAGEMENT ADMINISTRATION'S (FEMA) FLOOD MITIGATION ASSISTANCE PROGRAM (FMA) RELATING TO ELIMINATION OF FLOOD HAZARDS WITHIN THE REGULATORY FLOODWAY OF TRIBUTARY PEC-4, A TRIBUTARY OF PECAN CREEK; AND DECLARING AN EFFECTIVE DATE. Beasley motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "nay", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller"aye". Motion carried with a 5-2 vole. Conscn+ Agenda Item #10 f City Attorney Prouty stated that Proposition #I I had been divided into three propositions to be considered individually in the Charter election. Starr was proposing the alternate ordinance added to the agenda back-up materials. ; The foL'owing ordinance was considered; t c. City of Denton City Council Minutes Marc h 13,1999 ° Page 12 NO. 99-086 AN ORDINANCE AMENDING ORDINANCE NO. 99.057 ORDERING AN ELECTION TO BE HELD ON MAY 1, 1999, FOR THE PURPOSES OF SUBMITTING TO THE REGISTERED VOTERS OF DENTON, TEXAS AMENDMENTS TO THE DENTON CITY CHARTER; BY AMENDING AMENDMENT NO. 2 TO ADD SOME ADDITIONAL STATUTORY REFERENCES AND TO AMEND PROPOSITION NO. 2 TO CORRECT STATUTORY REFERENCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Young seconded to keep the Public Utilities Board in the City Cbartet with two amendments regarding membership numbers and meeting conditions and separate out the other two boards from the proposition. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Kr9stofcrson "aye", Young "aye", and Mayor Miller "aye Motion carried with a 6-1 vote. ITFNIS FOR INDIVIDUAL. CONSIDERATION, 17, The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the Mayor to execute a fourth amendment to the existing agreement between the City of Denton and Texas Utilities Electric Company extending the term therefor for an additional six month period; finding and determining that the two meetings Pt which this ordinance is passed are open to the public as required by law; providing for an effective date; and providing for acceptance of the agreement by Texas Utilities Electric Company and publication of notice of the passage of this ordinance, The following ordinance was considered: NO, 99-091 I AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A FOURTH AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY EXTENDING THE TERM THEREFOR FOR AN ADDITIONAL SIX MONTH PER10D; FINDING AND DETERMINING THAT THE TWO MEETINGS AT WHICH THIS ORDINANCE IS PASSED ARE OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ACCEPTANCE OF THE AGREEMENT BY TEXAS UTILITIES ELECTRIC COMPANY AND PUBLICATION OF NOTICE OF THE PASSAGE OF k THIS ORDINANCE. + I r", Kristoferson motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durance "aye", Kristofcrson "aye", Young "aye", and Mayor Miller "aye', Motion carried unanimously. i r City of Denton City Council Minutes March 23,1999 Page 13 20. The Council considered approval of a resolution nom,nsting members to the Appraisal Review Board of the Denton Central Apprasal District and dect.ring an effective date. Diana Ortiz, Director of Fiscal Operations, stated that several weeks age, Council made a nomination to the District but the nominee had since declined. She asked if Council had any other nominations to make, Council decided to not make any nominations at this point in time. 21. The Council considered adoption of an ordinance amending Ordinance Nos. 88-189 and 95.191 ,nd Chapter 8 of the Code of Ordinances, which reFpeetively granted a franchise to Sammoos Communications, Inc, and authorized the transfer of that franchise to Marcus Cable Associates, L.P., granting consent to the assignment and transfer of control of a cable television system and franchise from Marcus Cable Associates L.L.C. to Paul 0. Allen; and approving an acceptance agreement and an agreement in accordance with the terms and conditions of this ordinance; providing for a savings clause, providing for publication; providing for the effect of this ordinance upon other ordinances and resolutions; and providing an effective date, (Second Reading) The following ordinance was considered; NO. 99-094 AN ORDINANCE AMENDING ORDINANCE NOS. 88.189 AND 95.191 # ND CHAPTER 8 OF THE CODE OF ORDINANCES, WHICH RESPECTIVELY GRANTED A FRANCHISE TO SAMMONS COMMUNICATIONS, INC. AND AUTHORIZED THE TRANSFER OF THAT FRANCHISE TO MARCUS CABLE ASSOCIATES, L,P., GRANTING CONSENT TO THE ASSIGNMENT AND TRANSFER OF CONTROL OF A CABLE TELEVISION SYSTEM AND FRANCHISE FROM MARCUS CABLE ASSOCIATES L.L.C. TO PAUL 0. ALLEN, AND APPr.OVING AN ACCEPTANCE AGREEMENT AND AN AGREEMENT IN If ACCORDANCE WITH THE TERMS AND CONDITIONS OF THIS ORDINANCS; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR THE EFFECT OF THIS ORDINANCE UPON OTHER ORDINANCES AND RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE Young motioned, Cochran se.onded to adopt the crdinance. On roll vote, Beasley "Aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "eye", and Mayor Miller "aye". Motion carried unanimously. 22. The Council considered adoption of an ordinance amendin6 )rdinance Nos. 87.112, 93- 140, and 97499 and Section 3.2 of the Code of Ordinances of the City of Denton creating an Airport Advisory Board to provide that the Board shall serve in an advisory capacity on policy matters concerning or pertaining to the Denton Municipal Airport; providing a severability clause; and providing an effective date. 0 i• City of Denton City Council Minutes Match 23, 1999 x Page 14 Cochran motioned, Durrance seconded to deny adoption of the ordinance. On roil vote, Beasley ! "aye", Burroughs "aye', Cochran "aye', Durrance "aye", Kristoferson "aye', Young "aye", and Mayor Miller "nay". Motion carri ed with a 6-1 vote. 23. The Council considered adoption of an ordinance of the City of Denton, Texas dissolving the Cable Television Advisory Board ar d repealing Section 8-130(b) of the Code of Ordinances and repealing Ordinance No. 96.168 and portions of Ordinance No. 88.182 relating to the Cable Television Advisory Board and any other ordinance In conflict with this ordinance; conveying the appreciation of the Council to all current and former members of the Cable Television Advisory Board; providing a savings clause; and prescribing an immediate effective date. The following ordinance was considered: NO. 99-095 AN ORDINANCE OF THE CITY OF DENTON, TEXAS DISSOLVING THE CABLE TELEVISION ADVISORY BOARD AND REPEALING SECTION 8.130(8) OF THE CODE OF ORDINANCES AND REPEALING ORDINANCE NO. 96.168 AND PORTIONS OF ORDINANCE NO, 88.182 RELATING TO THE CABLE TELEVISION ADVISORY BOARD AND ANY OTHER ORDINANCE IN CONFLICT WITH THIS ORDINANCE; CONVEYING THE APPRECIATION OF THE COUNCIL TO ALL CURRENT AND FORMER MEMBERS OF THE CABLE TELEVISION ADVISORY BOARD; PROVIDING A SAVINGS CLAUSE; AND PRESCRIBING AN IMMEDIATE EFFECTIVE DATE. Beasley motioned, Yotng seconded to adopt the ordinance. (hi roll co~u, 13miey "aye", Burroughs "aye", Cochran "aye", Durrance "aye". Yrrvig "aye", and Mayor Miller "aye". Motion carried unanimously. 24. The Council considered adoption of an ordinance of the City of Denton, Texas dissolving the Dcuton Downtown Development Advisory Board and repealing Ordinances 91.021, 91-071, 95-259 and any other ordinance of the City of Denton, Texas, to the extent of any conflict; conveying the appreciation of the Council to all current and former members of the Denton Downtown Development Advisory Board; and prescribing an immediate effective dale. The following ordinance was considered: NO. 99-096 AN ORDINANCE OF THE CITY OF DENTON, TEXAS DISSOLVING THE DENTON DOWNTOWN DEVELOPMENT ADVISORY BOARD AND REPEALING t ; ORDINANCES 91.021, 91.071, 95.259 AND ANY OTHER ORDINANCE OF THE 1~' \ r CITY OF DENTON, TEXAS, TO THE EXTENT OF ANY CONFLiCTI CONVEYING THE APPRECIATION OF THE COUNCIL TO ALL C'.IKRENT AND FORMLR MEMBERS OF THE DENTON DOWNTOWN DEVELOPMENT ADVISORY BOARD; AND PRESCRIBING AN IMMEDIATE EFFECTIVE DATE. II I I I i City of Denton City Council Minutes March 23,1999 x Page 15 Cochran motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristorer,on "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 25. The Council considered adoption of an ordinance amending Chapter 33 "Signs and Advertising Devices" Code of Ordinances, City of Denton, Texas by repealing Article I, Section 33-6 to abolish Sign Board of Arpcais; amending Chapter 33 "Signs and Advertising Devices" by adding new Section 316 providing for the appeals, variances and specials exceptions regarding Chapter 33 be heard by the Zoning Board of Adjustment; amending Chapter 33 "Signs and Advertising Devices" Code of Ordinances, city of Denton, Texas by amending Sections 33- 49, 33-122, and 33-125 by replacing Sign Board of Appeals with Board of Adjustment; providing a severability clause; providing a savings clause; providing a penalty clause; and providing for an effective date. The following ordinance was considered: NO. 99-097 AN ORDINANCE AMENDING CHAPTER 33 "SIGNS AND ADVERTISING DEVICES" CODS OF ORDINANCES, CITY OF DENTON, TEXAS BY REPEALING ARTICLE 1, SECTION 33-6 TO ABOLISH SIGN BOARD OF .'EALS; AMENDING CHAPTER 33 "SIGNS AND ADVERTISING DEVICES" BY ADDING NEW SECTION 33.6 PROVIDING FOR THE APPEALS, VARIANCES AND SPECIALS EXCEPTIONS REGARDING CHAPTER 33 BE HEARD BY THE ZONING BOARD OF ADJUSTMENT; AMENDING CHAPTER 33 "SIGNS AND j ADVERTISING DEVICES" CODE OF ORDINANCES, CITY OF DENTON, TEXAS BY AMENDING SECTIONS 33-49, 33.122, AND 33.125 BY REPLACING SIGN BOARD OF APPEALS WITH BOARD OF ADJUSTMENT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Durrance motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 26. The Council considered adoption of an ordinance amending Chapter 28 "Buildings and Building Regulations" Code of Ordinances, city of Denton, Texas by repealing Article It, Division 2 "Building Code Board", Sections 28.41.28-42; repealing Article III, Division 3 "Electrical Code Board", Sections 28-96-28.98; repealing Article 1V, Division 3 "Plumbing and Mechanical Board", Sections 28186-28.190; repealing Article V, Division 2 "Plumbing and Mechanical Code Board", Sections 28.271.274; amending Chaplet 28 "Buildings and Building Regulations" by adding Article ;0, providing for the creation of a "Construction Advisory and (J Appeals Board" to replace the Building Code Board, Electrical Code Board, and Plumbing and Mechanical Code Board; amending Chapter 28 "Building and Building Regulations" Code of 1 Ordinances, City of Denton, Texas by amending Sections 28-172,28-231(0,28-382,28-386,28- 426, 28-429, 28-430, 28.431(a), 28.432(8). 28.434(x), 28.434(bx3), and 28.437 by substituting Construction Advisory and Appeals Board for Plumbing and Mechanical Code Board and Building Code Board; amending Chapter 29 "Fire Code" Code or Ordinances, City of Denton, h C. 1 City of Denton City Council Minutes March 23, 1999 Page 16 Texas by amending Section 29.2(A)(2) by substituting Construction Advisory and Appeals Board for Building Code Board; providing a severability clause; providing a savings clause; providing a penalty clause; and providing for an effecti ve date. Tl•e following ordinance was considered: NO. 99-098 AN ORDNANCE AMENDING CHAPTER 28 "BUILDINGS AND BUILDING REGULATIONS" CODE OF ORDINANCES, CITY OF DENTON, TEXAS BY REPEALING ARTICLE 11, DIVISION 2 "BUILDING CODE BOARD", SECTIONS 28.41.28.42; REPEALING ARTICLE 111, DIVISION 3 "ELECTRICAL CODE BOARD", SECTIONS 28.96-28.98; REPEALING ARTICLE IV, DIVISION 3 "PLUMBING AND MECHANICAL BOARD", SECTIONS 28.186.28.190; REPEALING ARTICLE V, DIVISION 2 "PLUMBING AND MECHANICAL CODE BOARD", SECTIONS 28.271.274; AMENDING CHAPTER 28 "BUILDINGS AND BUILDING REGULATIONS" BY ADDING ARTICLE 10, PROVIDING FOR THE CREATION OF A "CONSTRUCTION ADVISORY AND APPEALS BOARD" TO REPLACE THE BUILDING CODE BOARD, ELECTRICAL CODE BOARD, AND PLUMBING AND MECHANICAL CODE BOARD; AMENDING CHAPTER 28 "BUILDING AND BUILDING REGULATIONS" CODE OF ORDINANCES, CITY OF DENTON, TEXAS BY AMENDING SECTIONS 18.171, 28.231(F), 28.382, 28. 396,28-426,28-429,28-430,28-431 (A), 28.432(G). 28.434(A), 28-434(Bx3), AND 28• 437 BY SUBSTITUTING CONSTRUCTION ADVISORY AND APPEALS BOARD FOR PLUMBING AND MECHANICAL CODE BOARD AND BUILDING CODE BOARD; AMENDING CHAPTER 29 "FIRE CODE" CODE OF ORDINANCES, CITY OF DENTON, TEXAS BY AMENDING SECTION 29,2(Ax2) BY SUBSTITUTING CONSTRUCTION ADVISORY AND APPEALS BOARD FOR BUILDING CODE BOARD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, Durrance motioned, Kristoferson seconded to adopt the ordinance, On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye', Yuang "aye", and Mayor Miller "aye". Motion carried unanimously. 27, The Council considered adoption of an ordinance declaring a public necessity exists and finding that public welfare and convenience requires the taking of and acquiring of a street right. of-way easement in 0.165 acres and a temporary construction and gtading easement in 0.412 acres of land located in the Francis Batson Survey, Abstract No. 43, owned by Norma and D. A Gene Gamble; authorizing the City Manager or his designee to make an offer to purchase the property for its fair market value and if such offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of construction street improvements for Weslward Drive; and declaring an effective date. This item was pulled from consideration, L City of Denton City Council Minutes March 23, 1999 Page 17 28. The Council considered adoption of an ordinance authorizing the City Manager to execute an agreement on behalf of the City of Denton with R. H. of Texas, LTD. Paitnership; providing for the payment of the cost of condemnation to construct street improvements for Westward Drive. This item was pulled from consideration. 29. The Council considered nominations/appointments to the City's Boards and Commissions. There were no nominationVappointmenls made at this meeting. 30. Miscellaneous matters from the City Manager. City Manager )ez did not have any items for Council. 31. New Business The following items were suggested by Council Members for future agendas: A. Council Member Young requested letters be sent to individuals along Robertson, Skinner, Prairie, Bradshaw, Lackey and Wilson explaining why and how long the bridges would be closed in the area. B. Council Member Kristofcrson requested resolutions In support of the school funding related upcoming legislation. C. Council Member Cochran requested a report regarding the possible creation of bike lance on Welch and Hickory. 33. Following the completion of the Work Session the Council continued the prior Closed Meeting under Sections 351.071-551.085 of the Texas Open Meetings Act. 34. There was no official action on Closed Meeting items held under Section 551.071- 551.085 of the Texas Open Meetings Act. Following the completion of the Regular Session, the Council convened into a Work Session. 1. The Council received Information and gave staff direction concerning the hours of r operation for the 1999 Fry Street Fait A r ' /PIN City Manager Jet stated that In January 1995 Council adopted Ordinance No. 93.016 that delegated street closures to the City Manager. There were two options for Council to consider at this meeting. One was to allow the Fair to close at 9;00 p,m. and the second was to allow the City Manager to exercise the authority given him by the ordinance. If Council chose the second option, he would enforce the 8:00 p.m. closing time based on the recommendations of the police Department. t I'I i City of Denton City Council Minutes March 23,1999 s Page 18 Young motioned, Cochran seconded to allow a 9:00 p.m. closing time, Council Member Cochran stated that all the businesses in the area were in favor of the 9:00 p.m. closing as they depended on that time for their profits. Many provisions had been made In the Fair for a better proposal, Mayor Pro Tom Beasley expressed a concern that the event had grown too large for the area. it took a long time to disperse those individuals attending the Fair. She favored Option 2 with an 8;00 p.m. closing time. On roll vote for a 9:00 closing time, Beasley "nay", Burroughs "nay", Cochran "aye", Durrance "Aye', Kristoferson "nay", Young "aye', and Mayor Miller "nay". Motion failed with a 3-4 vote. The 8;00 p.m. closing would stand. 2. The f'ouncil received a report, held a discussion, and gave staff direction regarding an Impact Fez Feasibility Study, The study addresses Transportation Impact Fees, Drainage Impact Fees and Water/Wastewater Policy Options, and has been prepared by Duncan Associates of Austin, Texas. This item was not considered. { i 3. The Council received a report, held a discussion, and gave staff direction regarding implementation of the proposed land conveyance program. This item was not considered. 4. The Council received a report, held a discussion, and gave staff direction with regard to j the possible annexation of two tracts of land and a request from the City of Argyle to release land from the city of Denton Extra-Territorial lurisdiction (ETJ). 1. Trinity Meadows. Approximately 80.7 acres south of McKinney Street (FM 426) near its intersection with Trinity Road. A manufactured housing development is proposed. Dave Hill, Director of Planning and Development, stated that this was a proposal for a mobile home park. It appeared that the developers were trying to comply with the provisions of Dcnton's mobile home park regulations, Consensus of the Council was to proceed with the annexation. r r 2. Mesquite Meadows. Approximately 100.2 acres north of Loop 288, between Stuart and N. Locust Stmes. Subdivision into two large lots Is proposed, No specific development proposal has been stated. hill indicated that the developers Indicated they would probably be building s mobile home park on this site. L 1 i , I i 1 City of Denton City Council Minutes March 23,1999 Page 19 Consensus of the Council was to continue with the proposed annexation schedule. 3. Release of ET7. An area between Argyle and Bartonville, South of FM 407. The cities of Argyle and Bartonville have agreed on a plan to annex tracts of lend between their cities, including a tract of land currently designated as City of Denton ET7, Division 2. Consensus of the Council was to proceed with the proposal. 5. The Council received a report, held a discussion, and gave staff direction regarding the economic development program. This item was postponed. With no further business, the meeting was adjourned at 100 a.m. JACK MILLER, MAYOR CITY OF DENTON, TEX.,S r JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS i r p I CITY OF DENTON CITY COUNCIL MINUTES March 29, 1999 ~ r- After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Monday, March 29, 1999 at 5:15 p.m. in tl+J Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT; None 1. Closed Meeting: A. Consultation with Attorney - Under TEX. GOVT. CODE See. 551.071. Discussed and consulted with the City's attorney, including outside legal counsel, litigation styled City of Denton v. Denton County Fresh Water Supply District No. IA and Denton Count , Fresh Water Supply District No. 3, Cause No. 99-40158• 362, filed in the 362 District Court of Denton County, Texas, including strategy and possible settlement negotiations. B. Conference with Employers - Under TEX. GOWT. CODE See. 551.075. The Council rect ived informadon from employees during a staff conference or briefing, but did not deliberate during the conference. Special Called Mecting of the City of Denton City Council on Monday, March 29, 1999 at 6:00 p.m, in the Council Chambers at City Hall. PRESENT; Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Durrancc, Kristoferson and Young, ABSENT: None L 'the Council held a public hearing regarding the involuntary annexation and service plan , for 3,102 acres of land located in the southwestem section of the City of Denton extraterritorial jurisdiction. Dave Hill, Director of Planning and Doveloprr,ent, stated that this pubtic hearing was to receive comments from inJividuals regarding an involuntary annexation and service plan for 3.102 acres of land located in the southwestem section of the City's rxtraterritorial jurisdiction. Thv requirements for annexation were exact according to the Texas Local Government Code. Public notification was limited to publication of a legal notice - a full-page ad with mets and bounds for the properties in the three tracts. Other requirements for state law included the annexation petition, the annexation scnice analysis, the annexation service plan, and the annexation schedule. The schedule included two public hearings at the Council level; final action would take place on May 25'h. Annexations required a 4!5, I vote by Council in order to be adopted. A The intent of the ordinance would be to annex the properties with an agricultural Zoning district l J classification of one dwelling unit per acre. If the property owners wanted to develop the property after the initial zoning designation, they would have to come before Council. There ,Acre several reasons for the proposed annexation including (1) the Fresh Waster Supply District No. 5 had annexed a portion of Denton's ETJ near Tract 3. The creation of a fresh water district was not necessarily negative but in this care, the indication was that having an Ell by state law should provide some measure of approval authority over the formation of these types of districts. (2) There was a need to make sure service era coordinated and as the City had a CCN In these i I City of Denton City Council Minutes March 29, 1999 Page 2 j areas it had an exclusive right to provide water and wastewater to these tracts; (3) Hickory Creek water shed ran through this area and was the area for raw water intact for the City of Denton: (4) districts that conformed also had the authority to pay for improvements needed In the district; (S) fresh water supply districts and MUA's had been known to fail in Texas and was it concem for the future operation of the area. The recommendation from staff was to proceed with the annexation process. The Mayor opened the public hearing. No one spoke in favor. David Saxe stated that he did not have any interest in coming into the City. Services were not being provided. }le questioned wi. n they would be receiving services from the City as opposed to outside development. Peggy Bassham stated she did not want her farm property annexed into the City limits. She felt the city was taking advantage of them and they did not want the extra taxes. Patricia Brown stated this would take a pocket of farmers into the city and would not provide the city with any great taxes. There were no scrvicr,s that the city would provide that she would want. i Kathlircn Norris stated that her property was not involved in the annexation but wanted to know what lature plans there might be for her property. Hill stated that the Growth Management Strategy indicated those areas would be structured for high density development. If the city did not provide the services, someone else in the future would. The Mayor closed the public hearing. , Mayor Miller stated that the schedule would proceed as presented. Council Member Cochran stated that he would be interested In how much of the land in Tract Three was not slated for development. 2. The Council considered approval of a resolution of the City Council of the City of Denton, Texas supporting House Hill 3237 defining entitlements to school districts for students r in average daily attendance in special education programs and special instructional arrangements for students with disabilities as a part of the school funding formula; and providing an effective date. r The following resolution was considered NO. R99.010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUPPORTING HOUSE HILL 3237 DEFINING ENTITLEMENTS TO SCHOOL DISTRICTS FOR STUDENTS IN AVERAGE DAILY ATTENDANCE IN SPECIAL EDUCATION PROGRAMS AND SPECIAL INSTRUCTIONAL ARRANGEMENTS U City of Denton City Council Minutes March 29,1999 Page 3 FOR STUDENTS WITH DISABILITIES AS A PART OF THE SCHOOL FUNDING FORMULA; AND PROVIDING AN EFFECTIVE DATE. Kristoferson motioned, Beasley seconded to approve the resolution. On roll vote, Beasley "aye Burroughs "aye", Cochran "aye" Durrance "eye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 3. The Cou:tcil considered approval of a resolution of the City Council of the City of Demon, Texas supporting Senate Bill 594 relating to State assistance for certain school district instructional facilities project, Senate Bill 595 relating to the State funding for schor l district debt service, and Senate Bill $96 relating to an additional foundation school program allotment for s-.hools that open or expand instructional facilities; and providing an effective date. The following resolution was considered: NO. P99-011 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUPPORTING SENATE BILL 594 RELATING TO STATE ASSISTANCE FOR CERTAIN SCHOOL DISTRICT INSTRUCTIONAL FACILITIES PROJECT, SENATE BILL 595 RELATING TO THE STATE FUNDING FOR SCHOOL DISTRICT DEBT SERVICE, AND SENATE BILL 596 RELATING TO AN ADDITIONAL FOUNDATION SCHOOL PROGRAM ALLOTMENT FOR SCHOOLS THAT OPEN OR EXPAND INSTRUCTIONAL FACILITIES; AND PROVIDING AN EFFECTIVE DATE Kristoferson motioned, Beasley seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye', Durrance "aye", Kristofrmon "aye", Young "aye", and Mayor Miller "eye'. Motion carried unanimously. 4. The Council considered approval of a resolution of the City Council of the City of Demon, Texas supporting Senate Bill 1634 amending the Texas Education Code to provide a development re. for public school facilities; and providing an effective date. The following resolution was considered: NO, R99-01I A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS SUPPORTING SENATE BILL 1634 AMENDING THE TEXAS EDUCATION CODE TO PROVIDE A DEVELOPMENT FEE FOR PUBLIC SCHOOL FACILITIES; AND PROVIDING AN EFFECTIVE DATE, i Kristofetson motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley (J' "eye", Burroughs "aye", Cochran "aye', Durrance "aye", Mstoferson "aye". Young "nay", and Mayor Miller "aye", Motion carried with a 6.1 vote. S. The Council considered adoption of an ordinance amending Ordinance No. 99.057 ordering an election to be held on May 1, 1999, for the purposes of submitting to the registered voters of Denton, Texas amendments to the Denton City Charier; by amending Amendment No. t tCity of Denton City Council Minutes March 29, 1999 Page 4 2 and Amendment No. 3 to add some additional statutory references; by amending Amendment No. 23 to expand the number of Public Utilities Board members and to make it subject to the Open Meetings Act; to amend Amendment No. 25 to add additional wording; to amend Prorosi'.ion Nos. 2 and 4 to correct statutory and section references; to amend proposition Nos. 5 and 7 to eliminate redundant and unnecessary phrases; to amend Proposition Nos. 8 and 14 to change word references; to amend Proposition No. 1 l to divide it into three separate propositions and to renumber the remaining propositions accordingly; providing a severability clause; providing a savings clause; providing an Open Meetings clause; and providing an effective date. The following ordinance was considered: NO. 99-100 AN ORDINANCE AMENDING ORDINANCE NO. 99-057 ORDERING AN ELECTION TO BE HELD ON MAY I, 1999, FOR THE PURPOSES OF SUBMITTING TO THE REGISTERED VOTERS OF DENTON, TEXAS AMENDMENTS TO THE DENTON CITY CHARTER; BY AMENDING AMENDMENT NO. 2 AND AMENDMENT NO. S TO ADD SOME ADDITIONAL STATUTORY REFERENCES; BY AMENDING AMENDMENT NO. 23 TO EXPAND THE NUMBER OF PUBLIC UTILITIES BOARD MEMBERS AND TO MAKE IT SUBJECT TO THE OPEN MEETINGS ACT; TO AMEND AMENDMENT NO. 23 TO ADD ADDITIONAL WORDING; TO AMEND PROPOSITION NOS, 2 AND 4 TO i CORRECT STATUTORY AND SECTION REFERENCES; TO AMEND PROPOSITION NOS. $ AND 7 TO ELIMINATE REDUNDANT AND UNNECESSARY PHRASES; TO AMEND PROPOSITION NOS. 8 AND 14 TO CHANGE WORD REFERENCES; TO AMEND PROPOSITION NO. 1 l TO DIVIDE ' IT INTO THREE SEPARATE PROPOSITIONS AND TO RENUMBER THE REMAINING PROPOSITIONS ACCORDINGLY; PROVIDINO A SEVF.RABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Burroughs seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristofenaon "aye", Young "aye", and Mayor N Miller "aye'. Motion carded unanimously. t 6. The Council considered approval of a resolution supporting the passage of House Bill 2648 filed by Representative Maddcn which will clarify the consent requirements that apply when land within the corporate limits or extraterritorial jurisdiction of a city is included within the boundaries of a water district; authorizing the Mayor to send a letter to public officials in support of this legislation; and providing an effective date. The following resolution was considered: r' NO. R99-013 A RESOLUTION SUPPORTING THE PASSAGE OF HOUSE BILL 2648 FILED BY REPRESENTATIVE MADDEN WHICH WILL CLARIFY THE CONSENT REQUIREMENTS THAT APPLY WHEN LAND WITHIN THE CORPORATE LIMITS OR EXTRATERRITORIAL. JURISDICTION OF A CITY IS INCLUDED WITHIN THE 801-INDAR1ES OF A WATER DISTRICT; AUTHORIZING THE , t i City of Denton City Council Minutes March 29, 1999 Page S s MAYOR TO SEND A LETTER TO PUBLIC OFFICIALS IN SUPPORT OF THIS LEGI3LATION; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Cochran seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "eye", Durrance "aye', Kristoferson "aye', Young "aye", and Mayor Miller "aye". Motion carried unanimously. Following the completion of the Special Called Meeting, the Council convened into a Work Session to discuss the following: 1. The Council received a report, held a discussion, and gave staff direction regarding implementation of the proposed land conveyance program. Barbara Ross, Community Development Administrator, stated that this program was brought to Council in September. The program would allow the City to take vacant abandoned propety and convey it at no cost or little cost to non-profit organizations. This was a request to talk with the County and DISD about the program. Final approval would take place after those discussions. Council Member Young felt this was not a good program as indivdiuals who might want to purchase the properly would not be able to do so. Council Member Burroughs suggested to target properties that were abandoned and not able to sell the first time. A provision might be that if a neighbor wanted to request a private sale which was already allowed under the law, he could petition the City for a resale at a reduced amount and also ask the County and DISD to allow him to purchase the properly. Consensus of the Council was to proceed with the proposal and include an option to have a private sale for individuals before envoking HB 110. Staff would talk with DISD and County , regarding options for an income cap for indidiviuals to participate and a development schedule to avoid land speculation. 2. The Council received a report, held a discussion, and gave staff direction regarding the economic development program. Linda Ratliff, Director of Economic Development, presented the follow up on a Council request for information regarding economic development. She reviewed the options as included in the agenda materials. Council Member Cochran suggested preparing a chart comparing the various types of chamber and city participations. It could include advantages for partnership rather than a city only effort and items a city office might not be able to do. Council Member Durrance expressed an interest about an innovative approach that the city could take in this arez. Such an approach might Include moving towards how to best utilize the City's 1 assets such as the two universities and how to take advantage of those assets. Council Member Cochran felt that the program was designed with the philosophy of desperation and that was not the current economic climate. lie would prefer a program that would strenthen the core of the community with the best services that could be provided. He would like to provide a program that more individual citizens could benefit from. The perception was that the a U City of Denton City Council Minutes March 29,1999 Page 6 14 current program was geared to benefiting a select fcw in the community. He would tike to see something innovative or not done at all. There was also a Loed to have Iecat executives part iclpate in the program. Mayor Miller felt the joint program was good and would like to see it continued. Council Member Young agi ced that the current program was working well and should continue. Mayor Pro Tern Beasley saw a positive trend In the city and chamber programs. Everyone should be conveying how great Denton was and the positive attitude in the community, Council Member Kristoferson suggested surveying what were the businesses In Denton and what were people leaving to go to other jobs outside the city. She felt there was a need to look at a home based business. With no further business, the meeting was adjourned at 8:25 p.m. { JACK MILLER, MAYOR CITY OF DENTON, TEXAS { JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS i I t , t CITY OF DENTON CITY COUNCIL MINUTES f Starch 30, 1999 After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, March 30, 1999 at 5:15 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tent Beasley; Council Members Burroughs, Cochran, Durrance, Kristorerson and Young. ABSENT: None I. Closed Meeting: A. Consultation with Attorney Under TEX. GOVT. CODE Sec. 551.071. Discussed and consulted with the City's attorney, including outside legal counsel, litigation styled City of Denton v. Denton County Fresh Water Supply District No, IA and Denton C'ou ? Fresh Water Supply District No. S. Cause No. 99-40158- 362, f:lcd in the 362 District Court of Denton County, Texas, including strategy and possible settlement negotiations, B. Conference with Employees - Under TEX. GOV'T, CODE Sec. 551.075, The Council received information from employees during a staff conference or briefing, but did not deliberate during the conference. The Council convened into a Special Called Meeting on Tuesday, March 30, 1999 at 6:00 p.m. In the Council Chambers at City Hall. PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young, ABSENT: None 1. The Council held a public hearing regarding the proposed annexation of a 52.49 acre tract located on the south side of Ryan Road, 150 cast of Forestridge Drive. Mark Donaldson, Assistant Director for Planning, stated that this was a voluntary annexation request. Associated with the annexation petition was a request for residential zoning, A preliminary plat had been approved by the Planning and Zoning Commission. As a result of the development, improvements would be made to Ryan Road and a portion of a collector road on the southern border of the property would be constructed. One issue discussed a! the last public hearing was the ovmcrship of the property to the cast of the southern boundary. There would be a gap in the collector road as a result of development of both of those properties. Mayor Pro Tent Beasley asked if the City could purchase the propctly and be responsible for development of that portion of the road if devclopr, ant was wanted In the near future. J J" Donaldson stated that that would be one option available. The Cit.- coud work with the developers to Include development of the collector road and either fund she project with City funds to do the construction with the improvements that they would have to make or treat the project as an independent project as a C1P project. I it II 1 I City of Denton City Council Minutes March 30, 1999 Page 2 The Mayor opened the public hearing. Tommy Calvert stated that he was in opposition to the annexation of this property. He owned the adjoining property to the south of the proposed development. This was the second development that would adjoin hint and he had not received any notification regarding pota,fial development. The Mayor closed the public hearing. Mayor Miller stated that this item would return to Council on April 20'h for a first reading of the annexation ordinance. 2. The Council held a public hearing regarding the involuntary annexation and service plan for 3,102 acres of land located in the southwestern section of the City of Denton extraterritorial jurisdiction. Dave Hill, Director of Planning and Development, stated that this was the second reading of this annexation A public hearing notice had been published in the paper regarding the proposed annexation and a service plan had been provided. April 20th was the first reading of the annexation ordinance with tnc second reading scheduled for May 25'". A supermajority vote was required for each reading of the annexation ordinance. The major purpose behind the initiation orthe public hearing for annexation was the formation of a water district that was formed in the southern portion of Tract Three through an annexation process of the City's ET]. Six major reasons were listed in the agenda materials as to why this annexation was desired. There was a definite plan to provide services. Within 60 days or finit approval of the annexation, firc/EMS, police, street maintenance, and solid waste would be provided. State law required the betinning of construction of water/wastewater improvements within 2 years and must be completed within 4 years from the effective date or annexation. This was essentially a contract for services that had to be complied with. The Mayor opened the public hearing. No one spoke in ravor of the annexation. Millard Smith stated that he was trustee of some of the property in Tract Three. He felt it was not fair that the individuals in the area did not have a voice In the annexation process. }le felt the solution was that the City should take In the nottion of the property that was going to be developed rather than the entire area. He had hcail that some or the roads in the area might be closed and that was a concern for him, l Peggy Bassha n slated that the City was concerned about the water district below her property and the ramifications of that district. If services were not going to be provided she questioned why the City would want to proceed with the annexation, Trace Mofiit stated that he was in strong opposition to the annexation and did not see the j necessity of annexing the entire Tract Three area. !le felt just the lower half could be annexed instead of the entire tract. i t F City of Denton City Cc until Minutes March 30, 1999 Page 3 Patricia Brown staled that the annexation to the Hufflnes property could be done contiguously and not have to annex their property. She was concerned about the way the drainage would take place, She did not see any benefit from their property being In the city limits. She also had a concem about fire and police protection. The Iifl stations for City service were five to six miles out. Currently they were serviced by Argyle and she felt those services could be provided with a much faster response lime. These properties were too far removed to be serviced adequately by the City of Denton. Mike Barber stated that the complaint was with the Water District and not with the property owners. He felt it was senseless to take that portion of the area and should only take the property that was scheduled for development. David Saxe stated that there were B-10 families that would be affected by this annexation, it did not make economic sense for water and sewer services to be developed at this point in time. He requested that the City remove the north half of that tract and would help the resident,. The Mayor closed the public hearing. Mayor Miller stated that this item would be presented to the Planning and Zoning Commission meeting on April 14th and to the Council on April 20'" . Several Council Members requested staff to look into the possibility of limiting the amount of property to be annexed. Following the completion of the Special Called Meeting, the Council convened into a Work Session in the Council Chambers at City Hall. 1. The Council received a report, held a discussion and gave staff direction regarding a , proposed Denton Fire Department Five Year Strategic Plan. Ross Chadwick, Fire Chief, presented an overview of the five year strategic plan as presented in the agenda materials. Consensus of Council was to proceed with presentation of the entire Strategic Plan as presented. 2. The Council received a report, held it discussion and gave staff direction concerning the Supplemental Agreement from the Corps of Engineers to the cities of Denton and Dallas for operation and maintenance of the Greenbelt. Howard Marlin, Assistant City Manager for Utilities, stated that this would add the greenbelt as an additional recreational facility for the Corps of Engineers. The Corps, Denton and Dallas r wroutd meet within the next two weeks to finalize the supplemental lease agreement, Once both i City Councils had approved The supplemental agreement, the Corps would execute It, ' ! r Consensus of the Council was to proceed with finalization of the contract. 3. The Council received a report, held a discussion and gave staff direction concerning the proposed Agreement between the cities of Denton and Dallas and the Texas Parks and Wildlife Department ("TPWD") for the TPWD to operate and maintain the Greenbelt. I c . I I City of Denton City Council Minutes March 30, 1999 Page 4 i Howard Martin, Assistant City Manager for Utilities, slated that this would be s supplemental agreement with Texas Parks and Wildlife Department to operate and maintain the Greenbelt, in exchange for the TPWD operating and maintaining the Greenbelt for the cities at no cost, the cities agreed to lease the Greenbelt at no cost to the TPWD. Consensus of the Council was to proceed with the agreement. 4. The Council received a report, held a discussion and gave staff direction concerning the approval of a contract between the City of Denton and the University of North'fexas to conduct the activities of the EMPACT Grant (Environmental Monitoring for Public Access and Community Tracking). Howard Martin, Assistant City Manager for Utilities, stated that this grant would be in conjunction with the University of North Texas to collect real time and time relevant environmental data that would be used to inform the citizens of Denton of current and forecasted environmental conditions, Consensus of the Council was to proceed with the finalization of the contracts. 5. The Council received a report, held a discussion and gave staff direction regarding Infrastructure Sections of the Draft Comprehensive Plan. Dave Hill, Director of Planning and Development, stated that this review session would be devoted to the Infrastructure Chapters on transportation, water, wastewater, stormwater drainage, solid waste and electric utilities. The intent of the Council review of the dran was to prepare the plan for public review, Council would not be asked to deliberate on the plan until public comments were available, Revisions would be made as per Council direction and other improvements would be implemented as additional chapters of the plan were available. Jerry Clark, City Engineer, presented goals and strategies associated with changing and managing travel demand and travel behavior; land use and transportation; use of streets; level of service; parking, transit; pedestrians and bicycles; moving goods and services; municipal airport; intelligent transportation systems; and transportation financing. Detailed information concerning these goals and strategies were located in the agenda back-up materials. Howard Martin, Assistant City Manager for Utilities, presented goals and strategies for water supply; water Treatment; water storage; water distribution; and water conservation and reuse. He also presented goals and strategies for wastewater reuse; surface and groundwater protection; and an environmental impact model ae indicated in the agenda materials. In the area of stormwater drainage, goals and strategies for lloodplain protection, 1loodplain retrofit; water quality; and , continuing prolcclion were presented. Solid waste goals and strategies included areas of e community enhancement; environmental protection; and waste recovery and reuse. Martin also presented goals and strategies for provision of electric utilities, environmental sensitivity; and development and maintenance. Goals and strategies for all of these sections were included in the agenda materials. With no further business, the meeting was adjourned at 10,00 p.m. l ~ ~ la i 1 / I City of Denton City Council Minutes March 30,1999 Page S 4 JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS I i i I I , 4 i i I c . u nQYada No.... j~r ApMdi IMQ1_i= tt ~i~X~ittitZt ft._..07-,415go in appreciation of Senator David Sibley WHEREAS, the 766' Regular Session of the Texas Legislature recently concluded; and WHEREAS, i he Legislature passed a bill dealing with the restructuring of the electric uti Iity Industry along with other legislation of vital concern to the City of Denton; and WHEREAS, the City of Denton has the good fortune to haves significant portion of the City represented by Senator David Sibley; and WHEREAS, through Senator Sibley's leadership and guidance the legislature adopted the most thoughtful and well balanced electric restructuring legislation in the United States; and WHEREAS, Senator Sibley has been very sensitive to the concerns and the well-being of the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES THAT: The city of Denton applauds the work of Senator Sibley on electric restructuring and on other issues of concern to the City during the 76'^ Regular Session of the Texas Legislature, 11 is thereby DECREED that Senator Sibley shall hold and enjoy a place of high esteem in the minds and hearts of the people of this City. PASSED AND APPROVED this the day of 1999 ` t li JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: _ ~ Jl t in appreciation of Senator Jane Nelson WHEREAS, the 76`t' Regular Session of the Texas Legislature recently concluded; and WHEREAS, the Legislature passed a bill dealing with the restructuring of the electric uti`ity induftry along with other legislation of vital concern to the City of Denton; and { WHEREAS, the City of Denton has the good fortune to have a significant portion of the City represented by Senator Jane Nelson; and WHEREAS, Senator Nelson was Instrumental in sponsoring amendments to the electric restructuring legislation to benefit the City of Denton; and WHEREAS, Senator Nelson has been an advocate in looking out for the best interest of the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES THATt The City of Denton applauds the work of Senator Nelson on electric restructuring and on other issues of concern to the City during the 76" Regular Session of the Texas Legislature It is hereby DECREED that Senator Nelson shall hold and enjoy a place of high esteem in the minds and hearts of the people of this Pity. PASSED AND APPROVED this the day of , 1999. a JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i A BY: APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY r BY; s .~it~ll~tLlYi in appreciatialt of Representative Mary Denny WHEREAS, the 76" Regular Session of the Texas Legislature recently concluded; and WHEREAS, the Legislature passed a hill dealing with the restructuring of the electric utility industry along with other legislation of vital concern to the City of Denton; and WHEREAS, the City o f Denton has the good fortune to have a significant portion of the City represented by Representative Mary Denny; and WHEREAS, Representative Denny was a realous advocate in looking out for the best interest of the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES THATi The City of Denton applauds the work of Representative Denny in looking after the interests of the City during Vic 76's Regular Session of the Texas Legislature. It is hereby DECREED that Representative Denny shall hold and enjoy a place of high esteem In the minds and hearts of the people of this City, PASSED AND APPROVED this the day of 1999. i JACK MILLER, MAYOR ATTESTr JENNIFER WALTERS, CITY SECRETARY i BY; APPROVED AS TO LEGAL FORM, HERBERT L. PROUTY, CITY ATTORNEY A~' , BY: r G U lit appreclation of I Representative Ronny Crownover i WHEREAS, the 76a' Regular Session of the Texas Legislature recently concluded; and ! WHEREAS, the Legislature passed a bill dealing with the restructuring of the electric utility industry along with other legislation of vital concur to the City of Denton; and WHEREAS, the City of Denton has the good fortune to have a significant portion of the City represented by Representative Ronny Crownover; and WHEREAS, Representative Crownover was amony the most outstanding freshman legislators of the last session; and WHEREAS, Representative Crownover was a zealous advocate In looking out for the best interests of the City of Denton; NOW, THEREFORE, THE. COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES THAT: The City of Denton alpiauds the work of Representative Crownover in looking after the interests of the City during th,t 76ei Regular Session of the Texas Legislature. It Is hereby DECREED that Representative Crownover shall hold and enjoy a place of high esteem In the minds and hearts of the people of this City. PASSED AND APPROVED this the day of _ 1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS. CITY SECRETARY BY: t APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY. CITY ATTORNEY BY: 1 i . j t• I i i I I in spprcciuiiott of Representative Burt Solomons WHEREAS, the 766 Regular Session of the Texas Legislature recently concluded; and WHEREAS, the Legislature passed a bill dealing with the restructuring of the electric utility industry along with other legislation of vital concern to the City of Denton; and WHEREAS, the City of Denton has the good fortune to have a significant portion of the City represented by Representative Burt Solomons; and WHEREAS, Represenlative Solomons exhibited extraordinary skill as a legislator in looking after the interests of the City of Denton, especially with regard to giving the City the ability to lease its fiber optic cable facilities; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES THATt The City of Denton applauds the work of Representative Solomons In looking oiler the Interests of the City during the 76t° Regular Session of the Texas Legislature. It is hereby DECREED that Representative Solomons shall hold and enjoy a place of high esteem in the minds and hearts of the people of this City, PASSED AND APPROVED this the day of , 1444. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, C11Y SECRETARY BY: APPROVED AS TO LEGAL FORM: A HERBERT L. PROUTY, CITY ATTORNEY e I F t c I AGENDA INFORb1ATiON SHEET ,0m date. a' ~r AGENDA DATEt July 20, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Purchasing to Jerry Clark 349-8328 ACTI; Kathy DuBose, Fiscal end Municipal Services XP SIIJUEL'ft AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF SIDEWALKS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2368 - BELL AVENUE, KINGS ROW AND DALLAS DRIVE SIDEWALKS, AWARDED TO FLOYD SMITH CONCRETE, INC. IN THE AMOUNT OF $162,029.65). BACKGROUND: (See attached Tabulation Sheet) RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Floyd Smith Concrete, Etc., in the amount of 5162,029.65. ES11MATED SCHEDULE OF PROJEC'ft no completion schedule for each section of the bid atter receipt ors purchase order is as listed: • Bell Avenue Sidewalk •15 workdays or approximately August 15, 1999 Kings Row Sidewalk • 12 work days or approximately August 27,1999 Dallas Drive Sidewalk • 28 work days or approximately September 25, 1999 FISCAL INFORh1ATIOR't This sidewalk construction project will be funded from the following bond fund accounts, • 459.020-STRT•97304152 S 122,111.60 • 461-020-SWLK•9840.9152 $ 31,116.05 • 446-020-SWLK•9554.9152 S 8.802.00 S 162,^29.65 MUINFOR.NIATION: i This bid Is for the construction of sidcwelks along a portion of Hell Avenue from Sherman Drive North to Driftwood Trail, along a portion of Dallas (hive from Teasley Lane North, West to s South Lmust Street and along a portion of Kings Row from Sherman Drive East to Nottingham. s f The project includes approximately 2,791 square yards of 41-foot sidewalk, numerous drive way replocemcros, saw cuts, erosion control, traffic barricades, asphalt peach and other related activities. 1 tl 91!, AGENDA W6RMATION''HEET JULY 20,1999 PAGE 2 OP 2 Respectfully submitted: Tom Show, C.A.M., 349.7100 Purchasing Agent Attachment 1: Tabulation Sheet 113l.AOFAbA I 1 r a r { r ' ~h i ~I L ATTACHMENT1 a TABULATION SHEET Bid # 2M DATE: 6-3-99 BELL AVE, KINGS ROW, DALLAS DR SIDEWALK No. DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR FLOYD SENECA SMITH DDR ED WIL30N CONST. CREATIVE 4 1 TOTAL $162,029.65 $165,381.50 $191,425.25 $194,002.00 $657,498.14 I h t"/'fir` e 7 3 i t 3 , a ORDINANCE NO. _ AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF SIDEWALKS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2368 - BELL AVENUE, KINGS ROW AND DALLAS DRIVE SIDEWALKS, AWARDED TO FLOYD SMITH CONCRETE, INC. IN THE AMOUNT OF 5162,029.65). WHEREAS, the City has solicited, received and tioutated competitive bids for the construction of public works or improvemt nts in accordance wit ~ the procedures of STATE law and City ordinances; and, WIIEREAS, the Cir Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" orplans hnd specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted ar+d approved as being the lowest responsible bids: BID NUMB E CONTRACTOR AMQLM 1 2368 FLOYD SMITH CONCRETE, INC. 5162,029.65 SECTION Thbt the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 111, That the Ci y Manager is hereby authorized to execute all necessary written contracts for the perform ice of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thw. . specifying the terms, ! conditions, plans :md specifications, standards, quantities and specified sums contained therein. r r i i 4 r I I 1 Ir I SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public worU and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective imtnediatcly upon its passage and approval. PASSED AND APPROVED this the day of 1999 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY i BY: BID 1368 - CONTF nMAL OaD f, r r rlf~ r S V lhQMd ~ AGENDA INFORMATION SHEET Ap - AGENDA DATE: July 20, 1999 Questions concerning this acquisition maybe directed DEPARTDIEN'F: Purchasing to Eva Poole 349-7735 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT: AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF HIGH TECH MATERIALS, SUPPLIES AND SERVICES NECESSARY FOR TIIE NET CONNECT SYSTEM AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (Q1SV); PROVIDING FOR AN EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 96239 TO DENTECH IN T11E AMOUNT OF $32,4W). BACKGROUND: This purchase order is for the acquisition of 27 Pentium 11 PC workstations to be utilized in the implementation of the NET Connect System at the Denton Public Library. RECOMMENDATION: R'e recommend Purchase Order 96239 to DenT&h be approved in the amount of $32,400. ESTIMATED SCHEDULE OF PROJECT: Delivery is estimated to be approximately three weeks after receipt of an order. FMAL iNFORAIATION: Funding for these workstations is available from TIF Grant account (27D-003•TIFB-0001.9107) and will have no impact on budget funds. PURCHASE ORDER INFORMATION: This Purchase Order is for the acquisition of 27 Pentium 11 350 MIlz CPU's with 15" color monitors, CD-ROM's, ethernet adaptn and other peripherals. Also included is a three-year parts and labor warranty. These units will be utilized to enhance internet capabilities for staff and patrons of the Denton Public Library. Acquisitions utilizing the Qualified Information Services Vendor (QISV) Process satisfy all State of Texas competitive bidding laws. f Respectfully submitted: Tom Shaw, C, P.M., 349-7100 Purr. hasing Agent J Attachment 1: Purchase Order 96239 to DenTech 1 Attachment 2: Quote from DcaTech Attachment 3: QIS1' Certification 1137 AGENDA ) I I I. i It i I j I i PURCRASE ORDER NO. 96234 TH15 IS A XXX TNs number Rust appear on an CONFIRMING OROEF y invoices, dowry slips, Cases. OF MARKED) ctns, boxes, packing slope and bins. DO NOT DUPLICATE Data 06 23 99 Page Na 01 Rea Na Bid Nat I r I CITY OF DENTON TEXAS KPOtASiNG OIV1StON 19041-1 TEXAS STREE} 1 DEMON, TEXAS 76201-4354 9401349-7100 DIFHV WTRO 817/257-0042 FAX 9401349-1302 ENDOR DENTECH Visit V,e City of Denlores WebaHe ot Www.eity0fdentoncom tAME/ INTERNET SERVICE 0 OFFICE SOL. DELIVERY CONFIRMATION ONLY COS DDRESS 512 M. HICKORY STE. 221 ADDRESS LIBRARY DENTON TX 76201 502 OAKLAND DENTON, TX 76201 VENDOR NO. DESS0025 DELIVERY OMD 08 20 99 FOB DESTINATION BUYER TS TERMS On 32400.000 66 VENDOR CAT. 6 N / A MPG NAME 1.000 32,400.00 CITY 1 9100 HARDWARE FOR MST CONNECT SYSTEM ( TIP GRANT) F N P OM TOTAL a 32,400.00 OR MD TOTAL t 32,400.00 01 2717 003 TIFB 0001 9107 32,400.00 v..'s.u VENDOR WST4gCTtON6 1 Terms Net 30 U.'.., 0.461 1. Send erifinw kAlte wi Iglieele toy. C Pilling lestructisnc Flit Dettlnnlon Mgeld sro...dr .o ioa*w 3. dill b knvntf 0 S. No ledral a state ales taa &W N ftWed c p v s,on 3tS 1kKkkkrg St ` In pket killed n.ufm Tit to f-4714 I 1 i I ATTACHMENT 2 k, 4~t/I11t4L'I~ Intsmet SwYl w & OAke SalWom 512 W. HkbWy Sb. 221 040-387-7667 Dwftn, Tent 76201 PAX 9+0-361-5200 Computer 27 Umft Specifications Below or Better • Intel Pei" 11330 MHz! Mid-Tower Case ATX s Keyboard WbWowt 95 s 2 Button Mouse e Monitor IS Inch VGA e Memory 64 MO PC-IW SDRAM • Motherboard ATX with USB Todw"V. • Network adapbr (100100 Ethernet adapter) a Hard Drive ndob.m. 64 GlpbytW 1.44 Floppy Drive e Windows 99 e Vkieo 8 MB AGPI3D e 16 Bit SmW 180 Watt Speakers e 40X Cd-Rom e WorkNatbn Network Setup s Three Year Parts and Labor On,We Warranty s 24 Hours Response Time • Tutorial for Windows 98 a Guitalk" saw soup e Delivery Tlme Appro:3 Weeks 27 Workstation 01200.00 for o total of 532400.00 Upgmdes:Add s f0 GB Hard Drive 50.00 ee. e 14 Inch Monitor (same price) s 17 inch Monitor 70.00 ea. 4 j, I/ + 1.'1 I r ` C 3 ' c ATTACHMENT 3 nunuan rr. ebt✓ General Services Commission MrrNegKrle Y 1711 San Jacinto P.O. Bux 13047 06" Austin, Texas 78711.3047 Web Site: www.gsc.statatx.us (512)463.3035 June 1, 1999 DenTeth Phillip White S12 W. Hickory, Suite 221 Denton, TX 76201 RE: VID 02.46&S00-64MI00 QISV Calato0ue Purchasing Program 4 Dear Mr White: Your company has been designated as a Qualified Womtation Systems Vendor(r3ISV) with the General Services Commission (GSC). With this designation your company has been approved to market the rwmputer artyor teleoommuMCetbn produeWserAces as approved in your OISV ulelogue application. If your company submitted a poper•baud Waogue vr"„ your applicatlon you have 45 ulandar days from the dale of this letter to submit and meat the VAL requirements or the program as outlined in GSC Guideline Statement $09601, Universal Re!ourcm Locator U11-1 and E-mall. To maintaln your QISV status then an requirements that must be met on an ongoing basis. Please note that failure to meat these requirements could result In suspanalon from this program. Theme requirements an: 1) to matotsin the approved QISV catalogue on the Internet as indicated In the GSC Guideline Statement 009601; 2) malydaln an active status on the GSC Cenlrallzed Master Bidden List (CMK), lnqudirig but not rimitW to paying lees and meeting other requirements as designated by the CMBL; 3) provide the progran with on arise) repod detailing the volume an value of orders placed by each e0d' a entity per GSC Guideline Statement 0 Q9004; and 4) update the program with the most current Information concerning your company. Charges to products or services Pr ov&d, Including pridagm follow G SC fo SC Guldet'u1e Statement $09002 Stale agencies are required to utilize this program when making purchems, for commodities and serAm pertaining to this program. GSC Cooperative Purchasing Program members are AM eligible to use this program. This eligible purchasing, entities. have full authority to utilize this program. You may with to view our Internet hams page at htlpAy w.9eo.sWo.bt.uslelpurdVgiav.html for the guideline statements and acSelonal Womlatbn about the program. We look forward to your continued success with this program and Me State of Texas. If you need to contact the program, you may do so at 5n-463-4141419, fax 5512.406.3503 w E-mug gw-glsvegse.state.tx us. 3PA"'e Jame L. Spiegel,Program Adminiatralor Catalogue Purchasing cc: Catalogue Vendor Fite iJ p...ew+.r./rw M Eq~tl OpWunny employer 4 .u rear .-~-....u..., t c. I~ ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF HIGH TECH MATERIALS, SUPPI IES AND SERVICES NECESSARY FOR THE NET CONNECT SYSTEM AS APPROVED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR (QISV); PROVIDING FOR AN EXPENDITURE OF FUNDS; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 96239 TO DENTECH IN THE AMOUNT OF S32,400). WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the General Services Commission programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the follt.wing numbered purchase order for materials, equipment, supplies, or services, shown in the "Purcbase Orders" referenced herein, are hereby accepted and approved as being the lowest responsible bids for such items: PURCHASE ORDER VENDOR AMOUNT 96239 DENTECH S32,400 SECTION 11. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, A, supplies or services in accordance with the terms, conditions, specifications, standards, quantities and for the specified sums contained in the bid documents and related documents filed with the General Services Commission, and the purchase orders issued by the City. S r t' (i SECTION 111. That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, ibe City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantities _nd spec; 9ed sums contained in the City's purchase orders, and re!ated documents herein approved and accepted. SECTION IV, That by the acceptance and approval of the above numbered items set forth in the attached purchase order, the City Council hereby authorizes th- expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of_, 1999. JACK MILLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BY: j APPROVED AS TO LEGAL FORM-. I HERBERT L. PROUTY, CITY ATTORNEY I BY; 96239-PO STATE ORD3 NANCE J' ' t I i AQgdg ' AGENDA INFOFLMATION SHEET ~ Ikltl,_ d- AGENDA DATE: July 20, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Purchasing to Tom Shaw 349-7133 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF WATER DISTRIBUTION SUPPLIERS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2362 - WATER METER BOXES AND MANHOLE RINGS, LIDS AND RISERS AWARDED TO THE LOWEST BIDDERS AS LISTED BELOW, ANNUAL ESIhIATED EXPENDITURE IS $300,000). BACKGROUND: (See attached Tabulation Sheet) RECObIMENDATION: We recommend this bid be awarded to the lowest bidder meeting specifications for each item as listed belowr ITEM SUPPLIER 1,2,g,10,11,14,15,16 & 20 Hughes Supply 3.7, 9,12,13,17.19 & 21 Bass and Hays Foundry, Inc. (See Attachment "A" with ordinance for description detail) The lower price offered by Hughes Supply for imported products fails to meet minimum specifications for size, tolerances and compatibility with cxisting installations. ESTIMATED SCHEDULE OF PROJECT* This is an annual contract for supplies. Thcy will be ordered as required and are quoted to be delivered in three to five days from receipt or a purchase order. FISCAL INFORMATION, Each order for listed supplies will be funded from Warehouse Working Capital funds and recharged to the appropriate account numbers as the products are utilized. BID INFORMATION: Ar .i r, This bid is for the annual contract to supply the City of Denton with water meter boxes, manhole rings, manhole lids and manhole risers. The items ue utilized in the maintenance and new construction of the water distribution system. Prices ere firm for one year and may be extended for odditional one-year terms. l maim G U . 3 AGENDA INFORMATION SHEET JULY 20,1999 PAGE2OF2 Respectfully submitted: Tom Shaw, C..M., 349.7100 Purchasing Agent Attachment 1: Tabulation Sheet 1333 AGENDA i i i 1 r JJt Ir; 0 k 2 , t i ATTACHMENTI TABULATION SHEET Bid # 2352 DATE: 4127199 Water Meter Box No. DESCRIPTION VENDOR VENDOR VENDOR VENDOR .VENDOR Bass 8 Hays Hughes Hughes Foundry, Inc. Supply Supply ACT Pipe (Sherman) (Import) 8 Supply Utility Plus 1000 Water Meter Box #34A $33.08 $29.99 1 ea. $25.50 $36.30 NB 16M Water Meter Box #34B $35.33 $32,70 2 ea. $28.15 $39.29 NB 3 500 ea. Water Meter Box #55A $90.90 $96.25 $82.00 $99.78 N8 4 500 ea. Water Meter BoK #548 x 18 $81.90 $84.20 $74.00 $89.91 NB 2500 Lid for 34A a B $11.48 $12.20 5 ea. $8.25 $12.53 NB 6 500 ea. Lld for 55A $34.20 $38.90 $21,00 $37.34 NB I 7 500 ea. lid for 548 x 18 $34.20 538.90 $21.00 $37.34 NB 8 200 ea. Manhole ring 300.24 $60.83 $58.60 $49.95 $58.91 NB 9 200 ea. Manhole ring 40C-24 $64.41 $M,10 $63.00 $76.82 NB 10 200 ea, Manhole lid 300-24 $47.23 $46.50 $37,40 $46.76 NS 11 200 ea. Manhole lid 400-24 $64.41 $62.70 $54.60 $63.08 Na 12 1 ea. Manhole riser 300-24,1 Y," $210.00 NB NB $218.40 NB 13 1 ea. Manhole riser 300.24, 2" $215.00 NB NS $223.60 NB 14 1 ea. Manhole riser 300.24, 2 Y," $220.00 $58.99 $27.00 $71.24 N8 15 1 ea. Manhole riser 300.24, 3" $225.00 $63.25 $34.50 $76.40 NB 16 1 ea. Manhole riser 300-24, 4" $235.00 $71.80 $48.00 $86.73 Ng 17 5 ea. Manhole riser 400.24,1 Y." $215,00 NB NB $223.60 N8 18 10 ea. Manhole riser 400-24, r $225.00 N8 NB $234.00 NB 19 2 ea. Manhole riser 400.24, 2'/. $240.00 NB NB $252.00 NB 20 5 ea. Manhole riser 400.24, 3" $245.00 $59.21 $40.50 $11.51 NS 21 1 ea. Manhole riser 400.24,1 Y," $340.00 NB NB $353.60 td6 3 - i t I ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF WATER DISTRIBUTION SUPPLIERS; PROVIDING I OZ THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING.; FOR AN EFFECTIVE DATE (BID 2362 - WATER METER BOXES AND MANHOLE RINGS, LIDS AND RISERS AWARDED TO THE LOWEST BIDDERS AS LISTED BELOW, ANNUAL ESTIMATED EXPENDII URE IS $300,000). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Rid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Profo.kals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bias for such j items: , I BID ITEM NUMMBEB -No- VENDOR AMOUNT 2362 1,2,8,10,11,14,15,16 & 20 Hughes Supply Exhibit "A" 2362 3.7,9,12,13,17. 19 & 21 Bass and Hays Foundry, Inc. Exhibit "A" $YSTION 11, That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents, r SECTION IU, That should the City and persons submitting approved and accepted items r` and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. 4 t, A' i SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION Y. That this ordinance shall become effective immediately upon its passage" approval. PASSED AND APPROVED this day of JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2367 SUPPLY. OiIDMANCE k i S , - r - 1 i t♦ Apt+adtl AQM~ MMII DIi1 AGENDA INFORMATION SHEET AGENDA DATE- July 20, 1999 Questions concerning this acquisition maybe directed DEPARTMENT, Purchasing to Ed Hodney 349.8271 ACM- Kathy DuBose, Fiscal and Municipal Services SUBJECT: AN ORDNANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF PRINTING, TYPESETTING, DISTRIBUTION AND ADVERTISING SALES SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2370 - PARKS AND RECREATION BROCIIURES AWARDED AS LISTED BELOW FOR AN ESTIMATED NET COST OF $2 7,695). W C'KGROUND- (See attached Tabulation Sheet) RFC0.NS ENDATIOi'lo We recommend this bid be awarded to the lowest and/or best bidder fc- each item as listed below: ( DESCRIPTION SUPP IEf{ AMQS1L~[ I Printing RKR Printing & P rblishing $15,140 2 Typesetting F & J Business Fw.w S 2,205 3 Distribution Denton Publishing Co. S 10,350 4 Advertising Sales The Crouch Group 23% (Approx. $3,S00) Total Expenditure $41,195 Est. Revenue 77% of Ad Sales S 13soo Estimated Net Cost $27,695 ESTIMATED SCHEDULE OF PROJECT- . The Parks and Recreation Department Brochure will be printed and distributed three times per year: • Winter/Spring 2000 January I, 2000 • Summer 2000 April 26, 2000 • Fa112000 August 9,2000 A' s trp.~ r, f i 1 t. AGENDA INFORMATION SF.EET JULY 20, 1999 PAGE 2 OF 2 FISCAL INFORMATION: Funding for the three issues is available from 1998.99 budget f6nds: • Printing 100.037-0062.8002.8534 • Typescding 100.031-0062-8002.9502 • Distribution 100-037-0062-R002-8109 • Cover Design 261.031.0062-x002-8334 • Advertisement Sale Commission 261-031-0062•R002.8112 All advertisement sales dollars will be deposited to this account and the 23% commission will be paid from this account. We estimate total advertising sales to be approximately S15,000. An estimate of $3,500 or 23% will be paid In commission saving revenue of approximately $13,500 to help offset expenses. BID INFORMATION: This bid is for the printing, typesetting/layout, distribution, and advertising sales for brochures produced three times a year by the Denton Parks and Rweation Department. Approximately 33,350 copies are printed of each issue for a total of 100,050 brochures per year with approximately 36 pagers per issue Respectfully submitted: ' i Tom Shaw, C,P,M,,349.7100 Purchasing Agent Attachment l: Tabulation Sheet W&AUMA v 'Al r' 2 c ' MON c TABULATION SHEET Bid # 234 Date: 6.17-99 P.A.R.D. SEASONAL BROCHURES No. Qt. DESCRIPTION VENDOR VENDOR VENDOR f ENDOR VENDOR VEN OR NDOR ~ll~ ill Denton RJK Printing FJ Cou Alphagrephicusiness Tattersall Precept Couch ?i Pubfs" & Publishing Fora Publishing Group PrlnlUng of PARD Brochure $83801Issue or .0272/pg or $271.05 NS $4$6.84 NB Per me per specirlcations NB 251.271me 27.201me r 7 Per Pg TYpeseffi i rLayoul per NB NB $30 $21 $25 NB NB 3 Per me Distrfbutlonperspecifcations $115 NB NB $180 NB NB N8 w AdvvN-Jng owwreesmn breed on 4 Percent bw a I& emamnt d ads sm 40% NB NB 34% NB NB 23% " alternate 1 paper stock No sips INCLUDE; MesisraeR CooWs Copies, RAR Marl M Gral Teclhndo Men Business Parma, CLC, MCBJ Pril w t 1 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF PRINTING, TYPESETTING, DISTRIBUTION AND ADVERTISING SALES SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2370 - PARKS AND RECREATION BROCHURES AWARDED AS LISTED BELOW FOR A ESTIMATED NET COST OF $27,695). WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids fur the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBE$ AOL VENDOR AQU 2370 1 RKR Printing & Publishing 525,140 2370 2 F & I Business Forms S 2,205 2370 3 Denton Publishing Company $10,350 2370 4 The Crouch Group $ 3,500 SECTION 11. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECT10N 111. That should the City and persons submitting approved and accepted items A, and of the submitted bids wi.mh to enter into a formal written agreement as a result of the acceptance, - approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the %Titten contract is In accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. 4 i I i i SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto a• authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage And approval. i PASSED AND APPROVED this day of _ .1999. JACK MILLER, MAYOR ATTEST: IENMFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY , BY: 7370 SUPPLY. ORDINANCE w A s S aPWI AGENDA INFOIC IATION SHEET b AGENDA DATE: July 20,1999 Questions concerning this acquisition may be directed DEPARTMENT: Purchasing to Cary Tower 349-8424 ACb1: Kathy DuBose, Fiscal and Municipal Services SULUEC1: AN ORDINANCE ACCEPTING CObL'ETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF EQbIPMENT TRAILERS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE (BID 2373 - EQUIPMENT TRAILERS AWARDED TO FUTURE EQUIPMENT IN THE AMOUNT OF 541,647). BACKGROUNDt (See attached Tabulation Sheet) RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specifications: ITEM QI]L DESCRIPTION SUPPLIER CM l 1 20-Ton Tilt Trailer Future Equipment $15,281 f6 2 1 35-Ton 1&a vbcy Twiler Future Equipment S263 Toul Award 541,647 t ESTIMATED SCHEDULE OF PROJECTt The estimated delivery for the 20-ton tilt trailer is 4-3 weeks after receipt of an order, the 35-ton lowboy is estimated to be delivered in 16-18 weeks after receipt of an order EIISCAL INTOR111ATION: The purchase of the two trai! erg will be funded from Motor Pool Replacement fund account (720- 023.05142.9104). BID INFORMATION: This bid is for the purchase of two equipment trailers for the Drainage Division. Out is a 20-ton tilt bed designed to haul backhoe tractors, mowers and medium weight equipment. The other trailer is a 35-ton detachable gooseneck lowboy unit designed to haul heavy equipment such as track loaders, excavators, bulldozers, etc. The two trailers will repla, a older, similar equipment no longer economical to maintain. Our existing trailers were purchased as used traits and will be s \ snld at public auction. v E i i I AGENDA INFORMATION SHEET JULY 20,1999 PAGE 2 OF 2 Respectfully submitted: Tom Show, C..M„ 349-1100 Purchasing Agent Attachment 1: Tabulation Sheet 1221.AGLNDA r I G ~'~lr` p ' r 4 i ATTACHMENTI TABUTATION SHEET Bid # 2M. DATE 6-15-99 EQUIPMENT TRAILERS No. DESCRIPTION VENDOR VENDOR VENDOR VENDOR INTERSTATE DALLAS CONTINENTAL " , " FUTURE TRAILERS INC. TRAILER EQUIPMENT j 1 20 TON TILT BED TRIVLER3 $15,261.00 $15,428.00 $17,378.63 NI3 ITEM 1 DELIVER 4-5 WEEKS 10 WEEKS 8-10 WEEKS HYDRAULIC DETACHABLE $26,366.00 $27,766.00 $26,391.65 $26,595.00 2 GOOSENECK TRAILER ITEM 2 DELIVER 16-18 WEEKS 12 WEEKS 8.10 WEEKS 18.20 WEEKS HOWARD MCNEAR RDO EQUIPMENT J r 3 i k ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF EQUIPMENT TRAILERS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFF"" TIVF DATE (BID 2373 - EQUIPMENT TRAILERS AWARDED TO FUTURE EQUIPI- 1T IN THE AMOUNT OF $41,647). WHEREAS, the City has solicited, received and tabulated competitive bids for the p rrchase of necessary materials, equipmew, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of Pand. to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOWJ HE RE FORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items i,-1 the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUtMV.E .L VENDOR AM4SlNT 2373 1 dt 2 FUTURE EQUIPMENT 111,641 l SECTION It. That by the acceptance and approval of tie above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items arxt agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specificstions, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION 111, That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby i ' A$ authorized to execute the written contract which shall be attached hereto; provided that the written / f-~ contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sum3 contained In the Bid Proposal and related documents herein approved and accepted. 4 k t i SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. 14.A. PASSED AND APPROVED this day of JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 2371 SUPPLY. ORDINANCE li } 111 p tr I AGENDA INF'ORtifAT1ON SHEET y AGENDA DATEt July 20, 1999 Questions concerning this acquisition may be directed DEPARTMENTi Purchasing to Cary Tower 3498424 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECTz AN ORDINANCE ACCEPTING COMPETIT[VE BIDS AND AWARDING A CONTRACT FUK IIIE PURCHASE OF STREET MAINTENANCE EQUIPMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVI")ING AN EFFECTIVE DATE (BID 2374 - RECYCLER STABILIZER AWARDED TO PROGRESSIVE TRACTOR CORPORATION IN THE AMOUNT OF $185,342). D ACKGROUNDt (See attached Tabulation Sheet) RFCO MENOATIONt We recommend this bid be awarded to the sole bidder, Progressive Tractor Corporation, In the amount of $185,342. FSTIMATED SCHEDULE QF PROJECT Ti • The quoted delivery for the recycles stabilizer is 122 days after receipt of order or November 20, 1999. e Progressive Tractor Corporation is attempting to improve delivery to 30 days of August 19, 1999. , FISCAL INFORSLAILQ.NA This equipment will be funded from Motor Pool Replacement funds (account 720-025.0584- 9104), BID INFORMATIONt This bid is for the acquisition of a self-propelled cold mix recycle /pulverizerlsoil stabilizer, The unit bid is a Bomag model MPiIIOOR. It replaces a similar unit purchased in September of 1984. The primary use for this machine to mix stabilizing materials with existing road base prior to installing the new road surrace. The old unit is no longer economical to repair and will be sold at auction, Replacement of the 1984 machine was approved in the 1998.99 budget development process. f A I Re ccifully su r tted: t 1 r \ i, Tom Shaw, C.P.M., 349.7100 Purchasing Agent Attachment 1: Tabulation Sheet i!!f tacNn~ I l U j I 1 ATTACHMENTI TABULATION SHEET . 1A Bid ?.M Date: 6115199 RECYCLER STABILIZER No. DESCR"ON 1 DO N e III 11 i!i III Ijh EI j. 11I,,I~V ,~l111, II` I lI II` IlII jl ~ I hli{'I:,1l it 11 , 111 III i I II !111:'!, .511111 I 111 j PROGRESSIVE RDO DARK TRACTOR EQUIPMENT EQUIPMENT self-Propelled, In-plus, Cold-Mix 1 1 Rsgeler, Pulwrlser, of Sall $177,300 NO He Stabilbw MAKE SOMAO NO NO . F MODEL M POOR NO NO Is OPTION: 6 YR / 6,000 HR NO NO EXTENDED WARRANTY $6,042 TOTAL COBT $186,342 NO NO DELIVERY 122 Days NO NO I I ti I 2 . t a 4o i s ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF STREET MAINTENANCE EQUIPMENT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2374 - RECYCLER STABILIZER AWARDED TO PROGRESSIVE TRACTOR CORPORATION IN THE AMOUNT OF $185,342). Wl1EREAS, the City has solicited, recci.ed and tabulatod competitive bids for the purchase of necessary materials, equipment, supplies or services In accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be u.,ed for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, SECTION 1, That the numbered items In the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as bring the lowest responsible bids for such items: BID ITEM NUMBE$ ILOL VENDOg AMOUNT 2374 All Progressive Tractor Corporation 5195,342 SECTION 11. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents, SECTION 111. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal wrinen agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained In the Bid Proposal and related documents herein approved and accepted. SECTION 1V. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the experAiture of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto is authorized herein. 3 G U , I Ste, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of ,1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEOAL FORM; HERBERT L. PROUTY, CITY ATTORNEY BY: 1314 SUPPLY. ORDINANCE r M i A~ I 4 fr , U^ AGENDA INFORMATION SHEET AGENDA DATEi July 20,1999 Questions concerning this Acquisition may be directed DEPARTMENT? Purchasing to Cary Tower 349.8424 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A LOADER/BACKIIOE TRACTOR; PROVIDING FOR THE EXPENDIT11RE OF F'JNDS Tl1EREFOp, AND PROVIDING AN EFFECTIVE DATE (DID 2377 - LOADER/BACKIIOE TRACTOR AWARDED TO CRESENT MACHINERY IN THE AMOUNT OF $63,633). BACKGROUND: (See a,tached Tabulation Sheet) RECOMMENDhTiON: We recommend this bid be awarded to the single bidder, Cresent Machinery, in the amount of $63,633 including air conditioning in the amount of s2,so0. ESTISIATED SCHEDIr1.F. OF PRG&M Delivery is estimated to be 60.90 days otter rectipt of a purchase order or October 1999. FISCAL INFORNIATiONt ' This acquisition will be funded from Motor Pool Replacement cccount (720-025.0584.9104). BID INFORMATION: This bid is for the purchase of a Loader(Backhoe Tractor with digging capabilities of approximately 20 feet. This digging depth is required to properly install underground utility lines, in specific areas. The requirement for the 20-foot digging depth limits the number of prospective vendors able to comply with our bid specifications. The unit will be assign, 3 to the Electric Distribution Division The new tractor replaces an older unit determined to be uneconomical to repair. The old unit will be sold at public auction. Respectfully sub 'tied; r' r Tom Shaw, C.P.M., 349.7100 Purchasing Agent ~ Altachment I; Tabulation Sheet 12)7 AGENDA I i u 1 1 ~ i ATTACHMENT: TABULATION SHEET Bld # 2IZ Date: 6I29199 LOADERIBACKHOE TRACTOR No O DESCRIPTION VlNDOR VENDOR i p I ~ .,1 i o~i ~I I rl i i 311 Ir nFll I I r Ir r iil i I~ Irl' r ?I { i3 !N. VRESENT !II IlL Ij! i . I Ill 1' r'' l '1IIkb';' MACHINERY rIII N~ .,,Ij ~rj iJ~V •Li ~I li Lill 1~fi!I:~~h3l ii!~i~~~llll Loader113ackhoe, 92HP Class, 1 1W Standard digging depths, $61,133.00 20-1' wlextra dig extended OPTIO14AL EQUIPMENT: 1 Roof Top air conditioning, factory $2.1510.00 2 Installed i DELIVERY 60.90 DAYS ARO I I _r. .r 2 L ' t ti ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF A LOADER/BACKHOE TRACTOR; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2377 - LOADERBACKHOE TRACTOR AWARDED TO CRESENT MACHINERY IN THE AMOUNT OF $63,633), WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items In the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approv%.i sec being the lowest responsible bids for such items: BID ITEM I NUMM NQ VENDOR AMOUNT 2377 ALL CRESENT MACHINERY $63,633 SECTION 11. That by the acceptance and approval of the above numbered items of the submitted bids, thv City accepth. the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance vith the terms, specifications, standards, quantities and for the specified sums contained In the Bid Invitations, Bid Proposals, and related documents. SECTION Ill. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into it formal written agreement as a result of the acceptance, ` approval, and awarding of the bids, the City Manager or his designated representative is hereby f " ; j authorized to execute the written contract which shall be attached hereto; provided that the written t contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. 3 • l U S CTE ioN IV. That by the acceptance and approval of the above numbemd items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SfAUJQ~Ly. That this ordinance shall become effective immediately upon iu passage and approval. PASSED AND APPROVED thla day of 1999. JACK MILLER, MAYOR A'T'TEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERI)ERT L. PROUTY, CITY ATTORNEY BY: 1177 SUPPLY. ORDINANCE w 4 i c - , 1 I 'WAI NA- AGENDADATE: July 20,1999 DEPARTMENT: Finance & Municipal Services/fax ACM: Krthy Dubose, Assistant City Manager of Finance anil Municipal Services S UBt •T: Consider approval of a tax refund to Denton Publishing Company DBA Denton Record Chronicle for $1,134.77 due to Supplement #17 from the Denton Centel Appraisal District, which revised the tax liability, resulting in an overpayment. BACKGROUND: Chapter 31.11 of the Texas Property Tax Code roquires the approval of the governing body of the taxing unit for refunds in excess of 5500.00. Chapter 26,15 of the Texas Properly Tax Code states that if a correction decreases a taxpayer liability after the taxes are paid, the taxing unit shall refUnL he owner the difference between the tax paid and the lax legally due, Supplement 417, received the last week of June, 1999, decreased the tax liability by $1,135,77, resulting in an overpayment of 51,135.77, All documentation necessary for refund Is attached, FISCAL INFORMATION: The tax overpayment reverie fund would be reduced by S1,135.77. Respectfully submitted: Mans Ortiz ` Director of Fiscal Operations Prepared by: i i Carotene Folse t fr Revenue & Tax Analyst i r ~ , C, Tk I rt +l t A D S Y S T f rl 06/17 99 1004aa 'Pro tON 10, 14'j r+ l l tstrl Mr.. 0lw4t rX01' . 1)n: L998'9.4rWICN1AL POLL 017 F'ItF; CITY OF DENTON iC05) fA[ 1 ___.....I a lw . UUIIEK NIVV.. Alo" 4<K."'5 FFOFEFTY GC5CF11"if1Rl FE')'EIPT N CLXMT VALUES FFIOR VALUES CAIN/LOOS 1.911513 4'W,2.I ~ tPOW.JEW INC FEMNAL PROPEERTf • BILINUARD FERSOHAL 1 15,680 15,6 ,1150 N (1NTF:AL FVF 51E 835 LOCATION 300 ELK OF ISM S, DENTON CAlLA9 1r %•~%9: 1 +.1 (E/5) LOS ASSLWD 1 0 15,680 -15,680 SMS 45 135E 8 FXCE1PT TAXACLE 1 0 15,660 -151680 LUMP, N112911 TAX Alfa 1 0.00 79.63 -79. 68 EN1I11FS. Gol, SW c(15 ExtmpllwsSFs F.YWl kr SP18 C'OM ll y 145,, CC" C - CW44UL ADD ExEflPI CODE - FDIC r."fu JUN 2 81999 I YOO!.64 f bS769+- . fRSONAL FkliTR1Y lit.UST 3F'Nr011 RIEVIU • (14-0141cit F - atR PERSONAL 1 1,498,344 L 721,B57 DENTON Ftp1.1~411'I0 CTl PiIBLISHIHO OFFICE LOfAT7C4+ 314 0 BOX 369 HIC9M(Y ST E, OENTUN COS ASSESSED t 1,4981314 1,1:1,837 7:3,313 ULNTLN, ix 76.0'r•0361 SETUS: 314 HIMMY ST F N ctn TAXAXAKEE t 1,7913 84 1 ♦ 1.711 1 62 -7135576 DENTON, li 14{ Al,EHT 1D. (1750) ENTITIES. 001, SOS, CO', mOSON W)ISMS LLC MO N PEPFt ST WOO EXEIP1101+3'. 1EUrr TY-;P1 EYib Ea 4:ll n~n+tc? vi~lr op - Ty VY. ( • cHqo ...~°~q . . ~ ._.JUN 2 81999 P92056] (78157:) C(:U ALLRIINLPI CAN F:F'CTICLNG KRSDK4L PROPERTY - CAH PAW PERSONAL 1 11000 14,700 F 0 wx 158 WrATION: 112 UNI14. UM DR W, (E%k HILL. TY 75104 DENTOM Cpy ASSESSED 1 1,000 I{,700 -13,704 s 1 SITUS: 112 LINIVEPS11Y Dk U RECEIPT WAKE 10000)1 1po 11,700 -13.700 DENTON, 0112914 TAX mn 1 5-W 1r 74.70 -69,62 ENTITIES OW 505, L0j y,Sq 1 rti1; ,nry ` EXENr'11OfIS, 0' 10 &r,7P C.ODC: LI 100.00 l~ MP CODO C - EHAttGP JUN ~ $ 1999 PER 25 M CORPELT VALIN I pti _.....__._......----------..~s:add.1..q_'.Q-1'G.f• kA Now 1 ,i 3 AEPOAt TA11O1DW 06/26/96 Al 10:43 0 V 1 K? A V V I N I A PAGE 14 ACCOUNt VO. RECEIPT NO. NAME AODAI It AMOUNT STATUS of PAVVENT 0166110000000 61`/001130.008802 Ili, PATRICIA pO~1 MCNINNIV Alt 17.02 OVERPAY ~1;>i4700000 1153% 1'00 TNNLAM 11IP YW AVN`ND11Vi tpy`t!l ~v 00 1 i 10 011 ((``l~C j"'Y YOENO CINTONi II EAOVER R. 0111111001 101/ 1. L 1tN0,~6 .Y 1 T M AIAY 07323100000 soya 6/01.0011 Il MlNO 6ANNIV I t4ADSHAW ST 116106 OVHVAY 62006600000 61/06/06.0006 RIDE ICf ll Mi110 N 1.16 41.74 OVERPAY 02717100000 01/06/06.0001 7RANNLfN. l.t. ROIERTSON 1? 611 OVIR►AY 61001 00000 Jill OM6 OMNSN A f0 1 AV 019.80000 AV D" ON 0,1'1118600000 16/~ IUk IET OA N MAN MFCR$TMY 1. RV 01671100000 6I/0 I/11.0001 SUNSET ORIILI SUNSET ST 5.11 OVERPAY 16616100000 01/01/11-0004 OIL11 MIMEL A MARIANA 1LAG0 AO 26.16 OVERPAY 614116180000j80 66101119.0011 TALU AT, JOAN 0 MAYHILL 0 06 6.00 OVERPAY ;s1 HOD 9 4/; •8884 1tow 1 PR A 00 P44 100 t /Ov fti1 $tFAADt LTON6/t 11MO.IIIr.Al1 lib , OV1 1A1 0111,1100068 / 10776600000 66/06/26.0026 CONO00N PHILIP W 0 NANCY H WIILOWW000 IT 70.16 OVERPAY 61720600000 10/Of/01.0006 1HOMPSON, JACK I WAYHIIL A 11 11.67 OVERPAY O2I1610000y0 66 /06l01.0a007 /C `L {IMY,IIA 14411 H 0 SHAMON CHOCTAWAV 0110 OYIA1►1,A{Y/ 11 NA Vfjm ME 1 621 to 1000800 ;;~0;~05!•66801jS4 l yy~YC1 `N 1~1A1I{ kp 4LAID 1 OANI61rMN1 A I~A~~ MOIIM 00 161' rAY TV, 121111 0100 61/16110.00010 OARI[6, TH { M Y YYIO , 02154700000 tN/01/16-0014 NOONIOUI2 MIGUEL A IMit RCLIFF DR 49.61 OVERPAY 1 OY`APAV 1020124,000 10106/t0.0002 RIM/All M1ll MOM{7 TIM ENO IUINA V110TA .6 01164700001 46/06/12.00 U ROOAIOUII YSOUII A Wt NO L i1F OR 171111 OVIMPAV 0111 OD J WWI g001 TRAf Ol A tY + f OV/APAT 4A 11 010 110 6010 !t1. 000 pX31, 1µµA1 n `~i LN i~1 Al 6 7 tea10 0 6 /0 / 6• N7 IY 0f i T T 6 ppyy 4 AY 01;1300010 10110/041.6060 G Lt d TO 0L11M11N0 aa 414 00 ro{R1l AY f 01 00000 1-GRIN[ A HAN M CAAOL YN M • L MN LN 1 1 V111 OR 0J 1/6000000 60106/11.0011 MINI•A•CIN IA NO 6 1.161 t.131.40 OVERPAY 7 6076P500000 61101111-0011 MINI-A-2401114 ISO 0111 11 UNIVIASIT/ 0 1,611.46 OVIAPAY j \ 01126000000 61/01/11.0016 FAMINA, AIL J JR TR DAY DR 0101 OVERPAY O }I 0/ 76600000 111!11• 1 R N1V /tTY O 1 PORN tl 6000 ■J1 / 41• 6 >tiA R ILL M TAVIAN y ~e;ifillg:158;53GoCl1 S. o 01 I! I1►At tot t 00 0 D6/0 /10. 01 M 10179100000 11/06/11-0011 SMI 1H, NOV I 6MIARW000 AT 11 42 OVLAPAV 1p12612$00a00 000 61100tyst- is ORtIN 1112E0 OLIN py 1 1.38 ~pp 125,64 OVERPAY WY 011 .0000 I1J3rL1111110MDA DIN10k1RNOK~MWi163611 111 i OY RAIFOjM 0/100 0 P01/4H111 DOM 1; , • RY i I s 1 1 i 1 Agenda No. AGENDA INFOKMATION SHEET Agenda hem Date _ ~-.>LC . AGENDA DATE: July 20, 1999 DEPARTNS sNT: Planning Department CM/DCM/ACM: David Hill, 349.771545 SUBJEr - A•80 (Tract q 1, Robson Property) Consider adoption of an ordinance regarding the zoning of a tract comprising 1,932 acres to Agricultural (A) zoning district. The property is located on the west aide of 115, north of Crawford Road, and east of Florence Read. The Planning and Zoning Commission recommended approval (7-0) end the City Council approved the annexation and zoning on June 22, 1999 BACKGROUND The City Council approved the annexation and zoning on June 22, 1999. Due to a staff oversight the draft zoning ordinance was 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 The following is a chronology of A•80, commonly known as Tract d 1; February 23, 1999 Council approval of annexation schedule March 29, 1999 1" Public Hearing March 30, 1999 2nd Public 11cattny April 14, 1999 Planning 17oiitng Commission recommendation of approval, 4-2 April .0, 1999 City Council hpproval of three ordinances by super-majority, with an amendment to reduce Tract 03 from 1,025 acres to 472 acres May 19, 1999 P&Z recommendation of approval of Agricultural (A) zoning May 23, 1999 Council postponement of annexation ordinance until June 1, 1999 June 1, 1999 Council postponement of annexation ordinance until June 8, 1999 June 1999 Council postponement orannexation ordinance until June 15, IM June 15, 1999 Council postponement orTract 41 and N2 annexation ordinance until June 22, 1999 Council annexation orTract N 3 (Huffines properly) June 22, 1999 Council annexation orTract #t (Robson property) and Tract 02 (Hillwood properly) 1. L. u ESTIMATED PROJECT SCHEDULE The subject property is not platted and would need to be platted prior to any development. Upon approval on July 20, 1999, the ordinance caption will be published as required, twice within ten days of passage. The effective date of the ordinance will be August 3, 1999. FISCAL INFOMI~TION Fiscal information is supplied in the Service Plan (Exh:bit B of the ordinance) .OPTIONS L Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table Item. ATTACHMENTS 1, Draft Ordinance. Re ec`tfuliy submitted: L \ V.-i (ed., ark Donaldson Assistant Director of Planning and Development Prepared by. Lay eichhart Development Review Manager i r. i 2. t 1 ar.~awu nw¢o-amuao. u,~.ro~..rw3.„M., x~+.nr ATTACHMENT 1 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR TEMPORARY ZONING TO AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR ANNEXED PROPERTY TRACT #1 FOR APPROXIMATELY 1,952 ACRES, LOCATED AT THE SOUTHWESTERN EDGE OF THE CITY OF DENTON'S EXTRATERRITORIAL JURISDICTION, BETWEEN CRAWFORD ROAD AND LIVELY ROAD, APPROXIMATELY 5,800 FEET WEST FROM 1-35W, AND EAST OF FLORENCE ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 DOLLARS FOR ANY VIOLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton on May 25, 1999 on final reading annexed the property designated as "Tract #1" and more particularly described in Exhibit A; and WHEREAS, the proper development of the annexed property has not yet been determined and has not been permanently zoned; and WHEREAS, the policy of the City of Denton Is to temporarily zone annexed properly Agricultural (A), until permanent zoning is determined; and WHEREAS, after a public hearing on May 19, 1999, the City of Denton Planning and Zoning Commission recommended temporary zoning of "Tract #t" to Agricultural (A) zoning by a vote of 7-0; and WHEREAS, the City Council finds that the zoning wilt be in compliance with the 1988 Dcnton Development Plan and the 1998 Denton Plan Policies; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION l: That the zoning district classification and use designation of Tract #1 consisting of epproximaWy 1952 acres described in the legal description attached hereto and incorporated herein as Exhibit A, is classified as Agricultural (A) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION 2 That the City's official zoning map Is amended to show the zoning district classification. SECTION 3. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2 000DO. Each day that a provision of , this ordinance Is violated she!I consrtute a separate and distinct ofAnse. SECTI _4. That this ordinance shall become effective fourteen (t4) days from the date of its passage, and the City Secretary is hueby directed to cause the caption of f ~ 3 ' i i .oi.aurae.,wen.nAwa..ra.u..,..:.►,,«~w.»~ i► this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of lkmton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the - day of 1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: _ E APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY. &L e 4 f 2 4. I xhlbit A All that curtain lot, trad Or parcel of land lylcg and bolag elt uted in the County of Datoa, State of '.t{e_x}s~~,nintlu`.M~,~~}a~ul~ooylc.BWjvl`yJ:_Ab-s_~-_i-`N_µ~mbryg~rri~1`41;at1`w~1.►`,`d~vdti9itri~y:A SpR, . ~the`B.H.H. ~`dlt.it. ~W~Vy, ✓fl~'L•II~ ~SIj {~1'~7OW~1'~, the P- OHVw SUM% Abdmd Number 929, the L K Paine Survey, Abstract Number 1617, and being more putlc szly described u follows: Commencing ftom a Point in Crawfbtd Road, aid point also being the Sotdast comer of lard M Scurlock Survey and the tou&vd corner ofthe IL Pizsno Survey, Abstract Number 994, Daatoa County, Texas; Thence North 00 degas 37 mbmta 19 woods But with the ad lips of Wd I& Smdo* Swvsy, and the West line of std 13. Pb ano Survey, a distance of 30,001* to the POINT OP lHCI11MW of the herein described tract: T'henw North 89 degrsa 51 mh% 20 seconds Wast slongthe North line of Crswlbod Road end being 30 feet north of }ad parallsl to the garb iinip'ofaid K. Sourlook. Surv„ry,'a dlststiae of 3840.0$ 9 to a point at tha bsyio6in~ of [curve tb thi lefk , ' thence with said auvs to the left having a central an& of 89 dsyreas 29 mimrtss 36 seoonds, a radius of 2640.00 feet, to a point; Thence Went t distance of 1037.48 feet to a point for oomar; Thence North 00 degtea 00 mhvAw 47 @won& Basta distance of 1064.92 feat to a polar 1br oorner at the beginning of a drrve to the left; '1 heni a lvith read verve io thk leR Eayr ' , at le,St84 de~rea }ntmrboe'.4fl'!eooiW~, a..r}duu , of 2640:00 Ebel to • point fbr comer,' The= North a distscoe of 1141.19 Not to a poiot ft oomor d the begiaaia2 oft carve to the 1e9; Thence vt A said ourve to the let having a central o4a of 02 dose 10 n,!mrta 14 senora;,, a rs w of 2640.00"44+ a point dbr oww. Thanes North 89 degrees 51 mi wta 47 aeaonds Bast with a North has of aid 2426.81 sons tract a distance of 3017.94 teat to a powt !bt *=w, • , 7 , s. i Thmnoa Narsh oo dWw 2P sdaatms 04 woou& wsk m d W mme atl"lL41 Amt to s point atthe Sautbad comer ofS.mt Pmder 8rrta , mn adMom to Dw6w C=tY. UNK to" thereof recorded is Csblr.at R Pip 367, ofthe Plat to w& of Dadon Cm*t 74=9 ,t. t hI N,1 .t, I • ♦ . . 4r , 1•+~.t.rti1'~• I•J~~..~ • .i. } eac4l~o~h Q'►' d~rNS 31 ~1d n is tdl.~Ye11I .4 340d,29 Mt to a pobat as the wuth llae of ti llm* 244 1 Thence North 89 deV m 51 msWes 43 wood- Salt domg the aottth 13as of K U"Iy Road mod beta; A that eouth of and pttallei to the North lins of mad 1• Matioswa► Sorwy, a dlda w a( 5700.31 fomt to a polat for corner, Thence Southedy, a atom bf OU.00 het to a point for comer d the Soutbset omw Otto 0. Potdngale Surm, Abttraot Number 1041, and do Soudmd amw of add A Gwaii Strawy; i Thence Bsmtwly a didanm of 1221,00 ha to a point for omw an the Saab Ems of" Q. Pddagate Survey it tba Nm*ua comer at and M Umiak 8wW and *%Nor*wW corner at mid R Plaaw Suuvey, ' r Thence South 00 dogse Z9 min o of Nye im qj i* t 13~mt of t~dd 1L S ok wrvpl! ; • ' ad the Wet Has of mW B• Pismo SunW, a dlil X3074,=9 hat to a pain! tbteormr; Thence South 00 dorm 37 aaloudtee 19 memo& Wed+srhh the Beat Has of add bt Scutiodi &"'W and tho Woo fine of mald S Piraoc Survsy, a dlatmoom d33 15.00 het to the POW OF 13S(OiN O and coatalning In all 1,V2 norm of WA 1 i l AGENDA INFORMATION SHEET Agenda No. Agenda Un Date AGENDA DATE: July 20, 1999 DEPARTMENT: Planning Department CMlDCM/ACM: David Hill, 349.771515 SUBJE,, -A•81(Tract b2,HillwoodProperty) Consider adoption of an ordinance regarding the zoning of a tract comprising 125 acres to Agricultural (A) zoning district. The property is located on the west sid. of 1.35 and north of Crawford Road. The Planning and Zoning Commission recommended approval (7-0) and the City Council approved the annexation and zoning on June 22,1999 BACKGROUND The City Council approved the annexation on June 21, 1999. Due to a staff oversight the draft ordinance was 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 Starr Report and the April 14, 1999 Planning and Zoning minutes are not included but are available upon request. PEUOR ACTIONIREVIEW The following is a chronology of A•81, commonly known as Tract 0 2: February 23, 1999 Council approval of annexation schedule March 29, 1999 1" Public Bearing March 30.1999 2nd Public Hearing April 14, 1999 Planning and Zoning Commission recommendation of approval, 4.2 April 20, 1999 City Council approval of three ordinances by super-majority, with an amendment to reduce Tract 03 from 1,025 acres to 472 acres May 19, 1999 P&Z recommendation of approval of Agricultural (A) zoning 1 Slay 25, 1999 Council postponement orannexation ordinance until June 1, 1999 June 1, 1999 Council postponement orannexation ordinance until June 8, 1999 a June 8, 1999 Council postponement of annexation ordinance until June 15, 1999 June 15, 1999 Council postponement of Tract # I and N2 annexation ordinance until June 22. 1999 Council annexation of Tract 4 3 (Huffines property) June 12, 1999 Council annexation of Tract tl I (Robson property) and Tract 02 (Millwood properly) 1. . 1. ~ Y r n. . . ESTIMATED PROJECT SCHEDULE The subject property is not platted and would need to be platted prior to any development, Upon approval on July 20,1999, the ordinance caption will be published as required, twice within ten days of passage. The effective date of the ordinance wili be August 3, W9. FISCAL INFORMATION Fiscal information is supplied in the Service Plan (Exhibit S of the ordinance) OPTIONS L Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. S. Table item. ATTACHMENTS 1, Draft Ordinance, R pectfuily submitt d: Mark Donaldson Assistant Director of Planning and Develo. ~ment Prepared by: /'Lady cic~hhart~ Development Review N13najer w °,t ' r TI c• ATTACHMENT 1 ORDINANCE NO. _ i AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR TEMPORARY ZONING TO AGRICULTURAL (A? ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR ANNEXED PROPERTY TRACT #2 FOR APPROXIMATELY 125 ACRES APPROXIMATELY 1,000 FEET IN WIDTH EXTENDING NORTH FROM CRAWFORD ROAD, AND EXTENDING TO THE WEST APPROXIMATELY 3,800 FEET FROM I35W: PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 DOLLARS FOR ANY VIOLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton on May 23, 1999 on final reading annexed the property designated as "Tract #2" and more particularly described in Exhibit A; and WHEREAS, the proper development of the annexed property has not yet been determined and has not been permanently zoned; and WHEREAS, the policy of the City of Denton is to temporarily zone annexed property Agricultural (A), until permanent zoning is determined; and WHEREAS, after a public hearing on May 19, 1999, tke City of Denton Planning and Zoning Commission recommended temporary zoning of "Tract #2" to Agricultural (A) zoning by it vote of 7-0; and WHEREAS, the City Council 11nds that the zoning will be in compliance with the 1988 Denton Development Plan and the 1998 Denton Plan Policies; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1: That the zoning district classification and use designation of Tract P2 consisting of approximately 125 acres described in the legal description attached hereto and incorporated herein as Exhibit A, Is classified as Agricultural (A) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION 2, That the City's official ; ening map is amended to show the zoning district classification. SECTION 3. That any person violating any provision of this ordinance Oall, upot, or,,,ictlon, be fined a sum not exceeding 52,000,00. Each day that a provis'• m of this cr.Sir,ance is violated shall constitute a separate and distinct offers u•, SECTION 4. That this ordinance shall become effective fourteen (14) days from the date of its passage, :end the City Secretary is hereby directed to cause the caphon of I I 1 3. i ' u 1 eaaauq,+.+~,raaw D.+..ra~...,.a~ Ma w..~~. this ordinanca to be published Ww in the Denton Racord-Chronicle, a daily newspepar published In the City of Denton, Texas, within ten (10) days of the date of its pmge. PASSED AND APPROVED this the day of,_____ .1994. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY ~Y: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY / lQ 2 1 1 E ' .ter ~p L'shiblt A 1 ALL that certain lot, tract or parcel of land lying situated in the County olDenton, State of Texas. In the IL Pisan Survey. Abatre d Number 994 and being asoe s pu*xAedy described as Y~ iJ't.l .•7a'~.. n 'f' fir ~'i•' rTl'. •a ~ aw 'r. ''''•i :,war,, y}A, F: N.. .ti,, . A, COIv)Iv1 MIND at a point In the eadKlgg Denton city Gm8 line as sstabl" by atmerasdoe Ord [mace Number 74-3 6 (Tract r). said point lying 577 fed at of the intersection of the oeetedines of Interstate Highway 35 T. art and Ciawfxd Road, aid point also bring $00 Cost mrthwestaly ftm and perpendicular to the centarlins of Interstate M&wsy 35 West, aid point afro Ift on the common Apportionment Agreement lint eatablisbed on November 186,1969 between the Chy of Denton and the Town of Atgyis and morded In. VoUns 716, Page 145 In tl,e Deed Records of Denton Courrty, Texas, aid point Iying to the south line of the I3, PW6 Surti y, Abstract Number 994 and the north lies of the Patrick Rook Survey, Abstract Number 1063; r TMC13 northeasterly sloag the a daring Denton city limit Hoe (Ordlmaaoe Number 74-36(' nvA I)l parallel with and $00 Ebert parpsmdlodu to the oeaterlins ofI L 35 Were a distance of28.83 Chet to the POINT OF BBOINNINO, mid point lying as the oath d"way One of Crawford Road, 25 he north of the Wd Dealoar/&Vk Has;. t k TFILNCIlljorth 89 degrees 32ndauta 37aeoonda Wet aloeg the north line of (mdwd Road and being 2S' oorth ofand pusllel to the said DeatWArgyle wumene liar a didaws cf S,il9 Poet to a polat for comer, aid point lyhtg on the went lime of the geld I. Mew Survey, Abstract Number 994, ssme belAS the east line ofthe M Scurlock Survey, Abstract Number 1141; THENCE North 00 degree 04mimste 29 saccade Wet along the wed go of the W d I Pismo Survey, Abstract Number 994 ad the cut line of the M Saulock Survey. Abstract Number 1141, a distance of 1000 Poet to a point for corner; T1t~NCB 3outl: 89dsoses 32ml dW 3 Ao6n6 BNR 1060 ftiet ucrtlt of And, p~ratfsl the ublih uhe of Crawford 1toad, s disance of 5.753 feet to a poise for Dormer, Bald pc ~-t lying oa the existing Deaba city limh line as eatsblishd by annexation Ordinance Number 7436 ('t5•eet 1) sad lying 500 Poet aorthweateiy from sad perpeadtculu to the oemterllne of Iaterrtete Highvray 3 S West; , , MENCB southweeterly along mid esdstiag Dtoton city f<', It line as astabWhed by annax.dai • , Ordinance Number 74-36 CnU 1). 500 ftYt ftom and psMJst to the oteftelltnr: of Interstate lfrphav 35 West a distanot. of 1,178 feet to tho POWr OF OWINNI.40 and oont Wd j 12S acre of h w4` more orient 5, . C i`_. rt! 9 AGENDA INFORMATION SHEET AGENDA DATE: July 20, 1999 DEPARTMENT: Parks and Recreation Departmem ACM: !tick Svehlili~$ SUBJECT: Hold a public hearing and consider a resolution granting, approval of a subsurface use of a portion of North Lakes Park adjacent to Windsor for tte installation and maintenance of communication improvements to accommodate a fifer optic communication line in accordance with Chapter 26 of the Texas Parks and Wildlife Code; providing for the Issuance of a permit or license and providing an effective date. BACKGROUND: The Communications Division of Denton Municipal Electric requested the use of park land for purpose stated, in order to provide improvol service to its customers system- wide„ There Is an existing 12 fiber cable on Bonnie Brae interconnecting with the North Lakes Substation. Several of the fiber lines are being utilized, leaving a limited ability to expand. Adding the line will Increase the fiber count to meet future fiber requirements. State law as defined in Chapter 26. Protection of Public Parks and Recreational Lands of the Texas Parks and Wildlife Code requires that a "(a)... municipality of this state may not approve any program or project that require the use or taking of any public land designated and used prior to the arrangement of the program or project as a park, ..unless the , municipality, acting through its duty authorized governing body or officer, detenaines that; (I) there is no feasible and prudent alternative to the use or taking of such land; and (2) the program or project includes all reasonable planning to minimize harm to the Iand, as a park.... resulting from the use or taking. (b) A finding may be made only after notice and a hearing ns required by this chapter." If the proposed communication use £s allowed a value must be placed on the 3,303 linear feel section and charged to the owner. In addition, land disturbed In the park will be returned to its " original condition. Parks and Recreation Depirtment and Denton Municipal Electri.; staff have reviewed all other possible alternatives. One alternative was to obtain casements by eminent domain from neighboring properly owners, which would result in extending the line beyond , project limits. Another was to bury the line under the pavement on Windsor Drive. This i ' would require the closing of at least one lane of traffic for an extended period of time and ! (f;_ x would add a disproportionate cost to the project. Therefore, there are no feasible and prudent alternatives to the placement of the fiber optic cable at this location, i i I i 1 II! Y I A A OPTIONS: Because other solutions to this issue have proven to be infeasible, the option remains to approve the use as presented or require Denton Municipal Electric to reroute the line through other properties. RECOMMENDATION: After reviewing all other alternative staff recommends approval of this use in North Lakes Park. Because the use occurs underground, there is no direct reduction of park land available to the general public for recreational use. There would be no impact on current pa-k c-Aerations or programs. The Parks and Recreation Department has Indicated that the City of Denton investigated all other alternatives and has used reasonable planning to minimize harm to the land, restoring the park surface to its original condition. ESTIMATED SCHEDULE OF PROJECT: Construction on this development is projected to begin in August 1999. PRIOR ACTIONAMVIEW't The Parks and Recreation Board, at their May 13, 1999, unr tmously recommended approval of this item. FISCAL INFORMATION: Compensation related to this use is still under discussion with Denton Municipal Electric. It Is reasonable to expect that communication improvements di::tly related to programs and/or facilities in North Lakes Park will be provided. BID INFORMATION: Not applicable h1AP: Attached Respectfully submitted: Ed Hodney, Direct Parks and Recreation Department pared y: i Jane imps ,Assts Director r t jJ} §qF Par and Rcereation Department r 11 Am kwncieaber Lpnb Lid;up dK k 2 ' r c. f RESOLUTION NO. I A RESOLUTION GRANTING APPROVAL OF A SUBSURFACE USE OF A PORTION OF NORTH LAKES PARK ADJACENT TO WINDSOR FOR THE INSTALLATION AND MAINTENANCE OF COMMUNICATION IMPROVEMENTS TO ACCOMMODATE A FIBER OPTIC COMMUNICATION LINE IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF A PERMIT OR LICENSE AND PROVIDING AN EFFECTIVE DATE. WHERF4S, Sec. 26.001 of the Texas Parks & Wildlife Code provides that public land designated and used as a park may be used for a non-park purpose if the City Council finds after notice and hearing that there is not feasible and Frudeni alternative to the use of such land for the proposed project and the proposed project includes all reasonable planning to minimize the harm to the park resulting from such use; and WHEREAS, Denton Municipal Electric desires do improve communications services to the City of Denton by installing a fiber optic line; amd WHEREAS, Denton Municipal Electric desires to construct the communication project through the Park since alternative optiouzt would not be feasible and prudent; and WHEREAS, on May 13, 1999 the Parks & Recreation Board held a nweting and received testimony from City staff and citizens regarding the altcmatives for Installing the communication project In the Park and recommends to the City Council that there is no feasible and prudent alternative to the use o, the Park land; and WHEREAS, the City provided notice in the Denton Record Chronicle on May 23, 30 & June 6 of a Public Hearing to be held on June 15, 1999 in the Council Chambers to consider the altcmatives to the use of City Park for the subject communication project; and WHERPAS, the City Council on June 15, 1999 received testimony from City start and citizens regarding altcmatives to the use of the City Park for this communication project, which includes, but Is not limited to, the following: (a) Obtain easements by eminent domain from a neighboring property owners, which would tcsult in cxtcnding the line beyond project limits. (b) Install the fiber optic line under the existing prescriptlve street right-of•way rot Windsor which would result in the temporary closing of at least one lane of the two lane street t. during construction. f WHEREAS, the City Council finds that the fact situation discussed above does not fall within the pun-lcw of Sec. 253.001 of the Texas Local Government Code; and 3 i t c. 1r K WJ WJl'pUlilpp WLa~Jl~W1 4&fJ„-OMIT, WHEREAS, the City Council funds that there is no feasible and prudent alternative to the use of the Park land and that the communication project when constructed In accordance with provisions of the permit or license as described below will minimize the harm to the Park land resulting from the proposed use and the surface of such Park land effected shall remain useable for the Park patrons once the construction of communication improvements are completed, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON RESOLVES,. S TI N 1. That the Fiber Optic Line proposed by Denton Municipal Electric be constructed and maintained beneath the surface of the Park property described in Exhibit A, which is attached hereto and made a part hereof for all purposes, and that the surface of the park alter installation of the fiber optic line be restored to the condition to which it existed prior to the installation of such channel so that the Park land may still be used by its patrotre after completion of the project in the same manner it was used prior to the communication project. SECTION 11. That a permit or license which is revocable is required by law be composed by the City Manager or his designee and approved by the City Attorney allowing the use of the Park property as referenced above with appropriate provision to insure the improvements are constructed in accordance with City Subdivision Rules and Regulations; protects the patrons using the Park from injury and damage both during and after construction of the project; compensates the City for the reasonable market value or the use heMn granted and generally protects the health, solely and general welfare of the City. SECTI N Ill. That during construction of the improvements above, Denton Municipal Electric may have temporary use of such additional park land necessary to stage the construction of the Improvements as may be approved by the Director of the Puke do Recreation Department and at the completion of the construction activities for the above improvements such additional park land shall be restored to the condition to which It existed prior the beginning of such construction activities. SECTION IV. That the rights and benefits set forth In this resolution may not be assigned without the express written consent of the City. $LCJ(QJy,. That the permit or license above granted shall to the extent allowed by law constitute a covenant running with the land and be filed In the Decd Records of Denton County, Texas. fiECI 4~L\J. That this rt solution shall become effective Immediately upon its passr.ae i i and approval. A, 4 Page 2 of 3 1 u i h .ciia.arsvamm~an o.s..r+....a. odra..o.ar 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:ACw i i r ~ S Page 3 of 3 r (r 6urow Dr M RIM ` Or + i i NO L PARK k wt)fWlndlw Dr uA U by Drt Npp -~1 1ln M_Yaet'iqr "~hww at vow mapawrrlaoa too; O m KsvbalenTwAMbaM ~ - - corm rrl 11 , _ . I 10 r(1 ~ LOCATION MAP .f i 4 r j r 1 ' 1 r << i+i s~ I FA I I ! ; NORTH LAKES FIBER 1 j i WINb~OK b±~I~+~ T~r►~ IM61"vm ' ~ { 1 , 1. 1 f . F Parks and Recreatioa Advisory Board May 13, 1999 Senior Center Members present: Don Edwards, Dalton Gregory, Dale Yeatts, and Willie Hudspeth. Staff present: Ed Rodney, Janet Simpson, Kathy Mosby, Bo:.) Tickner, Janis McLeod and Lancine Bentley. Chairman Don Edwards called the meeting to order at 6:03 p.m. Ed Rodney introduced Lancine Bentley, as the new Keep Denton Beautiful Coordinator. Ed said Lancine comes to Denton from Fort Worth and will be periodically attending the Board meetings. The minutes from the April 8'h Board meeting was approved by a motion made by Dalton Gregory and seconded by Dale Yeatts. The motion passed. DISCUSSION ITEMS - Held for later in the meeting. ACTION ITEMS C'orsfder a Request to CkiUze City of Denton Park Projvrry (North Lakes Park) for Drainage Purposes, Janet reported that the Fairfield Housing Development has requested to utilize City of Denton park property (North Lakes Park) for drainage purposes. Their request is to install approximately 210 feet of underground storm sewer on park property to facilitate drainage of the development located west of Bonnie Brae and south of Windsor Dr, The land proposed to be use! is located east of Bonnie Brae and south of Windsor Dr. After revlewing all other alternalkes, staff recommended approval of this use in North Lakes Park. Janet said because the use occurs underground, there is no direct reduction of park land available to the general public for recreational use. There would be no impact on current park operations or programs. Willie Ilu&1,:th s-,Kcd in any trees would be removed. Bob Tickner said no trees would be affPr,~ d. Dalton Gregory made a motion to approve stairs recommendation. Dale Yealts seconded the motion and it passed unanimously. C'anslder a Request Jur Fiber Optic Communication Purposes. Janet Simpson reported that the Denton Municipal Electric requested installing fiber optic lines from North Lakes Recreation Center, east on Windsor Drive for the entire length of the park, The line will terminate at Hinkle Street. The line will run underground, 9.5 south of the curb line. After reviewing all other alternatives, staff recommended approval of this use in North Lakes Park. Because the use occurs underground, there Is no direct reduction of park land to the general public for recreational use 'l here would be no impact on current park operation or programs. 1 Gregory Dalton moved to approve staffs recommendation, Date Yeatts seconded the motion and it passed unanimously. t t Ag" WJL z- APWS NOM AGENDA INFORMATION SHEET AGENDA DATE: July 20, 1999 DEPARTMENT: Parks and Recreation Department 1 ACM: Rick Svehla ? SVBJECIt I fold a public hearing and consider a resolution granting approval of a subsurface use of a portion of the Denton Branch Rail/Traii approximately 600 yards north of the Shady Shores overpass for the installation and maintenance of wastewater impmvements to accommodate an 8" sanitary sewer line in accordance with Chapter 26 of the 1 exas Parks and Wildlife Code; providing fo• the issuance of a permit or license and providing an effective date. BACKGROUND: The City of Denton Water/Wastewater Department requested t use of park land for the purpose stated, in order to protide improved service to effective wastewater disposal. State law as defined in Chapter 26. Protection of Public Parks and Recreational lands of the Texas Parks and Wildlife Code requires that a "(a)... municipality of this state may not approve any program or project that require the use or taking of any publis la:.d designated and used priot to the arrangement of the program or project as a park, ..unless the municipality, acting through its duly authorized governing body or officer, , determines that: (1) there Is no feasible and prudent alternative to the use or taking of such land; and (2) the program or project includes all reasonable planning to minimize harm to the land, as a park.... resulting from the use or taking. (b) A finding may be made only after notice and a Caring as required by this chopter." if the proposed wastewater use is allowed a valve must be placed on the 480 linear foot section and charged to the WaterlWastrwater Department, In addition, land disturbed In the park will be returned to its original conditior Parks and Recreation Department and Denton Water/Wastewater staff have reviewed all other possible alternatives. These alternatives included: • allowing the use of a septic system for wastewater disposal, which Is the situation that Is being remedied by the sanitary sewer lire, obtaining easements by eminent domain from neighboring property owners, a obtaining an easement on the 1.33 frontage, which would damage a row of Red Cedar trees, 1 • tying into a private service line that connects to the City's collection system, which brings both technical and legal Issues forward, including the Installation of a lift station I t c, { 1 i . v Therefore, there are no feasible or prudent. alternatives to the piacement of the sanitary sewer line at this location. k auusse Bec other solutions to this issue have proven to be infe"s ble, the option remains to approve the use as presented or require Denton Watt M'astewater begin obtaining casements through adjacent property owners. RECOMMENDATION: ARer reviewing all other alternative staff recommends approval of this us of the Denton Branch Rail/frail. Because ate use occurs underground, there is no direct reduction of park land available to the general public for recreational use. There would be no impact on current park operations or programs. The Parks and Recreation Department has indicated that the City of Denton investigated all other alternatives and has used reasonable planning to minimize harm to the land, restoring the park surface to its original condition. ESTIMATED SCHEDULE OF PROJECT: Const:v:ction on this development is projected to begin in August 1999. PRIOR ACT'IONlREV1EWs The Parks tnd Recreation Board, at their July 8, 1999 meeting, unanimously recommendec. approval of this item. FISCAL INFORMATION: Compensation related to this use is still under discussion with Denton WaterlWastelvater. It Is reasonable to expect that improvements directly related to programs and,'or facilities on the Denton Branch Rell/Trail will be provided. 1 BID INFORMATION: Not applicable I dApE Attached Respectfut:y submitted: Ed neY, DInVdr ks and Recreation Department fr rcpare by, lane mp n, A : ant Director e Par sand Recreati n Department H 4mdwwxtt+.au.na wn4s lwm 2 t 1 - 1 i !'Q4lDtYOLI'NW@gRJGIb pit~rYfrM.~ll.y ~Mbr Jill RESOLUTION NO. I A RESOLUTION GRANTING APPROVAL OF P. SUBSURFACE USE OF A PORTION OF THE DENTON BRANCH RAILITRAIL APPROXIMATELY 600 YARDS NORTH OF THE SHADY SHORES OVERPASS FOR T14E INSTALLATION AND MAINTENANCE OT WASTEWATER IMPROVEMENTS TO ACCOMMODATE AN 8" SANITARY SEWER LINF IN ACCORDANCE WITH CHAPTER 26 OF THE TEXAS PARKS AND WILDLIFE CODE; PROVIDING FOR THE ISSUANCE OF A PERMIT OR LICENSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Sec, 26.001 of the Texas Parks & Wildlife Code provides that public land designated and used as a park may be used for a non-park purpose if the City Council finds afler notice and hearing that there is not feasible and prudent alternative to the use of such land for the proposed project and the proposed project includes all reasonable planning to minimize the harm to the park resulting from such use; and WHEREAS, the City of Denton desires to improve wastewater dirposal service to Denton customers by installing 480 line- feet of an 8" sanitary sewer line; and WHEREAS, the City of Denton desires to construct the wastewater line through the Denton Branch Rail/Trait since alternative options would not be feasible and prudent; and WHER .AA, on July 8, 1999 the Parks and Recreation Board held a meeting and received testimony front City staff and citizens regarding the alternatives for installing the communication project In the Denton Branch Rail/Trail and recommends to the City Council that there is no feasible and prudent alternative to the use of the Park land; and WHEREAS, the City provided notice in the Denton Record Chronicle on June 27, July 4 and July I I of a Public Hearing to be held on July 20, 1999 In the Council Chambers to consider the alternatives to the use of City Park for the subject communication project; and WHEREAS, the City Council on July 20, 1999 received testimony from City staff and citizens regarding alternatives to the use of the Denton Branch Rail/Trail for this wastewater project, which includes, bit Is not limited to, the following, (a) Use of & septic system fel wastewater disposal. (b) Obtain easements by eminent domain from neighboring property owners. (c) Obtain an easement on the 1.33 front ge, which would damage a row of Red Cedar trees. i (d) Tie into a private service line that connects to the City's collection system, which brings both technical and legal issues Pmard, Including the installation of a lift station. 3 ~a~a.aiux.uncor,ma or+~ls~w.r.r rr.r WHEREAS, the City Council finds that the fact situation discussed above does not fall within the purview of Sec. 253.001 of the Texas Local Government Code; and WHEREAS, the City Council finds that there is no feasible and prudent alternative to the use of the Park land and that the wastewater project when constructed In accordance with the provisions of the permit or license as described below *ill minimize the hatm to the park land resulting from the proposed use and the surface of such Park land effected shall remain useable for the Park patrons once the construction of wastewater improvements are completed; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON RESOLVES: SECTION I. That the findings in the preamble to this resolution are found to be true and correct and adopted herein. SECTION 11. That the sanitary sewer line proposed by Donlon's Water/Wutewtxer Department be constructed and maintained beneath the surface of the Park propertty described in Exhibi! A, which is attached hereto and made a part hereof for all purposes, and that the surface of the park afser installation of the fiber optic line be restored to the condition to which is existed prier to the installation of such chrnnei so that the Park land may still be used by its patrons after completion of the project In the same manner it was used prior to the communication project. SECTION III. That a permit or license which is revocable as required by law be composed by the City Manager or his designee and approved by the City Attorney allowing the use of the Park property as referenced above with appropriate provision to insure the Improvements are constructed in accordance with City Subdivision Rules and Regulations; protects the patrons using the Park from Injury and damage both during and after construction of the project; compensates the City for the reasonable market value of the use herein granted and generally protects the health, safely and general welfare of the City. SECTION IV. That during construction of the improvements above, Denton Waler/Waslewater Department may have temporary use of such additional park land necessary to stage the construction of She improvements m may be approved by the Director the Parks and Recreation Department and at the completion of the construction activities for the above improvements such additional park land shall be restored to the condition to which it existed prior to the beginning of such construction activities. SECTION V. That the rights and benefits set forth in this resolution may n,,t be assigned without the express written conacnt of the City. SF&IlQN Y! That the permit of license above anted shall to the extent allowed by law constitute a covenant running with the land And be r'.'. d in the Deed Records of Denton County, Texas, PAGE2 4 I I I I` ,a.awtniwmmnawmrw'wrrrw..w...w,rr SECTION VI. That this resolution shall become effective immediately upon its pusa4e and approval, PASSED AND APPROVED this the`_ day of .1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY; APPROVED AS TO LEGAL FORM, HERBERT L. PROUTY, CITY ATTORNEY BY: . PAGE 3 S r. l3 I CITY OF DENTON MUNICIPAL UTILITIES 90r•A TEXAS STREET DENTON. TEXAS 76201 MEMORANDUM TO: Ed Rodney FRJM: Jim Coulter tt%~ Date: 6121199 Re: Lissberger Wastewater Line Easement The Wastewater Department Is requesting your assistance In providing an casement for a wastewater line along the south side of the Rails to Trails property approximately 600 yards north of the Shady Shores overpass. Mr. Al Lissberger is developing a piece of property along the 133 service road. Plans are to construct a shopping center at this ' location, Mr. Lissberger h>s been working on this project off and on since the late 1980's. Initially, the project was going to be on a septic system for wastewater disposal. We worked with Mr. Ussberger to look at other alteriwives for the disposal of wastewater. Mr. Lissberger agrees that putting the wastewater into the collection system will be the best solution for his development and for the neighbors In that area. Problems arise In trying to get the wastewater to the nearest wastewater collection line which is approximately 480 feet away. Mr, Lissberger has worked repeatedly with the property owners, Mr and Mrs. Cobb, adjacent to his property to get an easement across their property to run the wastewater line to our collection system. The property owners have spent years developing landscaping in the area where Sir. Lissbergers' proposed line would need to be Iocated and they are unwilling to provide the wastewater easement. An casement along the highway frontage property would damage a row of red cedar trees, A similar landscaping situation cxists along the back of the property. The owners are unwilling to give an easement at this point. They have offered to allow Mr. Ussbcrger to de Into their private service line and run into our collection system, Technleally and legally there are difficult problems associated with this approach. In addition the option of running along the front of the Cobbs property and the option of typing Into their service line would require the Installation of a lift station. If you are familiar with the lift station operation at the South Lakes Park you can understand why the wastewater department discourages lift station installation whencver possible. 4 'Do"lod to OwNy &A*O' 6 c~ We understand the Issues of placing this line in the park property and if there were any other reasonable solution we would take that approach. Placing the line along the park property, Rails to Trails could provide gravity flow for wastewater into our wastewater collection system providing the cleanest soluti • for wastewater disposal. Long term this would provide benefits to the neighborhood in this area and could provide more consistently pleasant experience for citizens using the Rails to Trails system. If I can answer any questions or provide additional information please contact me at 3497194. I I u 1 A 7 i ' t i~ DRAFT Parks and Recreation Advisor,, Board July 8, 1999 Senior Center Members present: Don Edwards and Dalton Gregory. Willie Hudspeth arrived at 6:21 p.m. and Dale Yeatts was absent. Staff present: Ed Hodney, Janet Simpson, Kathy Mosby, and Janie McLeod. Jim Coulter, assistant director with Wastewatet Administration was in attendance. Approval of Minutes. The ri.inutes of the June 10, 1999, meeting was approved by a motion made by ACTION ITEM C'orislder a Rcquest from the City of Denton R'aterMastewater Department to Utilize a portion j of the Denton Branch RaibTrail for Wastewater Disposal Purposes. Janet Simpson said the City 1 requests to use a subsurface portion of the Denton RaiVrrails just north of the Shady Shores Drive overpass for the installation and maintenance of wastewater improvement to accommodate an 8" sanitary sewer line in accordance with Chapter 26 of the Tcxas Parks and Wildlife Code; providing for the issuance of a permit or license and providing an effective date. Janet introduced Jim Coulter, assistant director with the City's Wastewater Administration department. Jim said the best possible solution to the easement is to have the sewer lines in the Rail/rrails area. Jim discussed the various altematives that were considered. These altematives included: • allowing the use of a septic system for wastewater disposal, which is the situation that is being remedied by the sanitary sewer line, • obtaining easements by eminer, domain from neighbor'tg property owners, • obtaining an easement on the 1-35 frontage, which would damage a row of Red Cedar trees, • tying into a private service line D.^_t connects to the City's collection system, which brings both technical and legal issues forward, including the installation of a lift station. Staff agreed that there arc no feasible or prudent a';ematives to the placement of the sanitary sewer line at this location. Willie asked if the properly would be restored to the original condition. Janet said yes it would and that any damages made would be repaired. Willie Hudspeth moved to approve the request from the Wastewater Department and Dalton ~ Gregory seconded the motion, The motion passed unanimous. A, 7a qV Lrnegte - f ' PROJECT LOCATION u»a«wor~ ' . yJ~'Y 9hy~ s~,ho Re i` - 'yy dy d.~ n Dr ` ` tot ga~WooE, Ft Rd' 9 d+< < Cra" ec ~-~t+ ItnoF Rdp~ Ct ~ ~ All ,gRnc_' ..:.0 p4droc_t D1 11's_y Gt, y w 1~'M.~. „ 1YtS.pod C! otow woowu mrr~ ~ro , 017o0,u,~utnn T.ohrobaM If i LOCATION MAP 8 t~ a hood 9800 ' \ E' • Ers' \ \ 4So - IN N IN, N. wn 401 N < , IF L 1201 i i ~ NO YEAR _ A r uoo 600 YEAR a \ KMAP wArEAatvrvuvr wArEA~,wr Ealr wroAAkr nawvEwvoA,wr ~ avvrrouKrxrauvr #A,AUEUSE►suK I _ AM WAlEA EERUENr WA1EA j uu~~~~ OFN7 9 IEW7Y :av 01,110! fII{ r t 1 F AGENDA INFORMATION SHEET Agenda No. „21_-Qd2_ o, Agenda 4m Date AGENDA DATE: July 20, 1999 PEpARTMENT: Planning Department UNIlUCMIACAli David Hill, 349.8350 SLIBIEC - 2.99.034, Olympia Creek Court f Hold a public hearing and consider approval of a Detailed Plan for Planned Development 129 (PD- 129) totaling 15.147 acres. The property is legally described as being 15.147 acres in the B.B.B. and C.R.R. Company Survey (Abstract 186) in the City of Denton, Denton County, Texas. It is located west of Stuart Road, north of Wolfrap Drive, south of kvcn, and east of Lido Way, The proposal is for twenty-nine (29) single-family detached lots ano forty-one (41) duplex lots (totaling 82 units). The Planning and Zoning Commission recommends approval (4.3). BACKGROUND The applicant has submitted a Detailed Plan for an existing Planned Development. The property is currently undeveloped. v The subject property is located in „Planned Development zoning district known as PD-129. A Concept Plan for PD-129 was passed and approved in October of 1987. Previous to this clesignatiorn, the subject property was zoned Single-Family 7 (SF-7). The propos, t development is consistent with most of the policies of the 1988 Denton Dcvcloptnent Plan IMP) as applicable and many of the 1998 Denton Plan (DP) Policies (see Attachment I - Comprehensive Plan Anai, sis section). Scrcttty-thrce (13) property owners were notified of the zoning request by certified mail. Chic hundreJ sixty nixie (169) residents were notifted by courtesy mail. Informational signs were placed on the property and two (2) neighborhood meetings were held. T%Aelve (12) responses hart been received; five (5) are in favor and seven (7) are opposed. The opposition received Is below ten percent (10%); therefore, the Twenty- Percent Rule does not apply in this case. Note: bue to the fact that a second Neighborhood Mecting was held on this project after i' & Z backup was distributed and consequently revisions were made to the detailed site plan, the Planning and Zoning Commission was given a revised detailed site plan during the tnecting of tune 9, 1999. Therefore, the detailed site plan in their initial report was not what A, , they approved. They approved the revised detailed site plan which is included in this backup 1±" (Sco Attachment 4). 1. ' t. u t C PRIOR ACTION/REVIEW The following is a chronology of Z-99-034, commonly known as Olympia Creek Court: Application Date - April 20,1999 DRC Date(s) -April 29, 1971, May 20,1999 P&Z Date -June 9,1999 ESTIMATED PROJECT SCHEDULE A preliminary and final plat must be submitted and approved with the final plat to be filed with the county prior to issuance of a building permit, "CAL INEORIIIATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public Improvements that are the responsibility of the city. As a form of inflll development, no extension of public infrastructure is necessary to service this Site. P&7 SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval (4-3) of this zoning request per the Detailert Site Plan as submitted. OPTIONS 1. Approve as submitted. 2. Approve with conditions 3. Nny. 4. Postpone consideration. 5. Table item. ATTACHMENTS 1. Planning and Zoning Commission Report, June 9, 1999, Z-99-034. 1. Planning and Zor ing Commission minutes from June 9,1999. 3. Dra110rdinance. 4. Site Plan. 5. Photographs. Res CciJtf~tly submilt Mark Donaldson / Assistant Director of Planning and ( i G Development Prepared by: r Kathryn Nits! ,t, Planncr I 2. r r ATTACHMENT 1 ~a~~► Apw* No. PLANNING AND ZONING, COMMISSION w" STAFF REPORT Sublect: Olympia Creek Court Detailed Plan Case Number: Z-99.034 1je$: Kathryn Nilssen Agenda Date: June 9, 1999 i Hold a public hearing and consider making a recommendation to the City Council concerning the detailed plan for Plannad Development (PD-129) encompassing 15.147 acres. The detailed plan proposal is for twenty-sla (26) single-family detached lots and forty-four (44) single-family attached lots totaling eighty-elght (68) units. LOCATION MAP y i Location: West of Stuart Road, north of Wolftrap Drive, south of Aspen, and east of LUo Way. Size: 15.147 acres Flen,me 3. 6 1 L i r Applicant: Owner: Greg Edwards Trans-Atlas Fine iclal, Inc. Greg Edwards Engineering Services, Inc. P.O. Box 800828 300 N. Carroll Blvd., Suite D Dallas, Texas 75240 Denton, Texas 76201 Planned development zoning disincts (PD) are Intended to provide for the development of land as an Integral unit for single or mixed use In accordance with a plan that may vary from the established regulations of other zoning districts for similar land uses. They are also meant to encourage flexible and creative planning to ensure the compatibility of land uses, to allow for the adjustment of changing demands to meet the current needs of the community, and to provide for a development that is superior to what could be accomplished in other zoning districts by meeting one or more of the following purposes: (t) Provides for the design of lots or building; Increased recreation, common or open space for private or public use; berms, greenbelts, trees, shruhs or other Irndscaping features; parking areas, street design or access; or other development plans, amenities or features that would be of special benefit to the property users or community; (2) Protects or preserves topographical features, such as trees, creeks, ponds, floodplalns, slopes or hills; or (3) Protects or preserves existing historical buildings, structures, features or places. There are three (3) types of plans that may be used in the planned development process; concept plan, development plan and detailed plan. CONCEPT PLAN - This plan is intended to be the first step in the PD process for larger or long term developments. It establishes the most general guidelines, Identifying the land use types, approx3male thoroughfare locations within the boundaries of this district. DEVELOPMENT PLAN - This plan is intended to be used most often as a second step in the 1 PD process. It includes the same Information that Is provided on the concept plan, plus details as to the specific land uses and their boundaries. DETAILED PLAN - This plan Is the final step In the process and Is required prior to any development. For smaller tracts or where final development plans are otherwise known prior to rezoning, the detailed plan may be used to establish the district and be the only required plan In the planned development process. It will contaln hformation specific to the site. All detailed plans should be in substantial compliance with landscape, sign, subdivision and other regulations of the Code of Ordinances. When concessions from these regulations are requested by a developer, there needs to be corresponding benefits that merit deviation from those regulations. a , i i rikname 4. The developer is requesting approval of a detailed plan for this 15.147 acre she. This site was rezoned to a Planned development district (PD-129) in October 1987. Prior to the approval of the PD, the zoning for the site was single-family-7 (SF-7) established In 1969. A concept plan was approved at the time of the PD approval (See Enclosure 2). The proposed detailed plan would, in essence, be replacing the concept plan. Differences between the plans include the following: 1. Concept plan calls for forty-six (46) duplex units and tiny-two (52) four-plex. units. Detailed plan proposal calls for eighty-eight (88) single family-attached units. Singir--family residences remains the same at twenty-stx (26). Therefore, the density Is reduced from 124 units to 114 units. 2. Concept plan calls for a private :ley to be built to provide access to parking for the four-plexes. Since the proposal does not include four-piexes, this is no longer a requirement. 3. Concept plan established minimum lot sizes as single-family-6500 s.f, with duplexes as 7,500 s.f. The proposal calls for a minimum lot size as 6000 s.f, for eh lots (3000 s.f. for each duplex lot If sold individually). However, a total of ten (10) lots are shown to be 6000 s.f. All others are greater than 6000 s.f. the largest being 11,360 s.f. (Lot 14). 4. The developer has Indicated he will comply with the Landscape Ordinance which demands greater compliance than the concept plan Indicated. 5. The concept plan also calls for a walking path to the Immediate west. This property has since been developed and that opportunity no longer exists. 6. Propos,.d detailed plan calls for a six (6) foot wooden screening fence to be between the abuttinC single-family residences (to the east and west) and the proposed duplexes. 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. These areas are Intended to be developed primarily for single family residential development. Vehicular trip generation due to development within Low Intensity Areas is restricted to 60 trips per day per acre in order to balance land use with road capacity. Staff finds the proposed development to be consistent with the policies of the 1988 DDP, however the trips calculated to be generated by this project are slightly higher (19% above) than the trip generation standard for this area. A reduction In the number of proposed lots could possibly satisfy this requirement, (See Enclosure 3). 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) !a !o be used in conjunction with the 1988 Denton Development Plan in evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed development to be consistent with the policies of the 1998 '}P (See Enclosure 4). Filename 5. i ~ t f i 1 f 1. Transportation Trip generation Table 1. Proposed Land Use Trif Generation gLand,,Use Average Trip Maximum Bulldout ToW Dally Trip Generation Generation -Fam1E 9.55 tri!da lunlt 114 homes 1088 Per 1998 Denton Development Plan Note: Proposed Average Trip Generations provided by the institute of Transportation Engineers,1991. The proposed development Is 14 % above the allowed capacity identified In the 1988 Denton Development Plan ? B. Access Access ro the developmentwill be from Windsor Drive on the south via Olympia Dive and Stuart Ldve on the east via Wolftrap Drive. I C. Pedestrian Linkages Sidewalks along all public streets are required. 2. Utilities This site has access to existing water and sanitary sewer tines (see Enclosure 6). 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. A preliminary drainage study will be required with the submission of a preliminary plat. The study must Include calculations of the 100-year storm for 0 drainage areas on this property and any area that drains towards this property. The developer must Indicate the method by which the run-off will be carried across the property or stored on the property. 4. Off-Street Parking New development must provide parking according to the regulations of Section 35301 of the ' Code of Ordinances. 5. Landscaping This property will have to comply with the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). r r' 6. Environmental Quality Impacts ! \ No negative environmental Impacts have been Identified. y_ Frtenanx 6. r 1 1 I i 116 Poll, 11, October 198T- The subject property was placed in the Planned Development (PD-129) zoning district and land use classificafion by Ordinance 87.159. The subject property is not platted and would need to be platted prior to any development. Notice of the zoning request was published In the Denton Reoord-Chronicle on May 30, 1999. Seventy-three (73) property owners were mailed legal notices on May 26, 1999 and 169 courtesy notices were mailed. Informational signs were placed on tho property May 28, 1999. As of this writing, there have been seven (7) responses. Six (6) responses are opposed and one (1) is undecided (See Enclosure 6). A neighborhood meeting was held on June 2, 1999. Eleven people attended the meeting (four (4) being of the above mentioned opposed and one (1) the undecided). The neiphbors expressed concern over the proposed single family-attached homes abutting the existing single family homes to the west (Lots 31-36). They requested the applicant to consult the developer and determine if they would be willing to change those to single-family detached lots. If so, then the screening fence would not be required In that area. The applicant Ir0cated a desire to pick up those single family-attached homes to the east by changing Lots 5, 6, 7 to single family-attached. This would mean twenty-nine (29) single-family detached and forty-one (41) single-family attached totaling eighty-two (82) units or 111 total units which is three (3) less than original proposal and thirteen (13) less than the concept plan. Another neighborhood meeting Is scheduled for Monday, June 7, 1999, The Commission will be provided with the outcome of the second meeting during the public hearing (See Enclosure 7). Staff finds the proposal to be consistent with the surrounding land uses as there are existing multi- family, single family-attached, and single family detached residences in the area. The detailed plan is also proposing less density than the original concept plan. The development of this property can be considered infill development with existing infrastructure already In place. However, the developer would be responsible for any public improvements required at the time of platting. Staff finds the proposal consistent with both the 1988 DDP and 1998 Denton Policies as well as the Growth Management Strategy. As previously mentioned, trip intensity standards are somewhat higher than what is allowed. When considering the neighborhood concerrs, by changing Lots 14 and 31.36 to single-family detached lots, it Is possible the neighborhood v ould be more receptive to this configuration than what is being proposed. This would alleviate the need for the screening fences and also reduce the number of trips generated, r ! r,tename 7. r tb f i 4. 1. Recommend approval as sbbmit{$d`. 2. Recommend approval with conditions. 3. Recommend denial 4. Postpone consideration. 5. Table item. 1. Vicinifj Map. 2. Concept Plan. 3. 1988 DDP Matrix. 4. 1998 Denton Plan Policies Matrix. 5. Utility Map. 8. 200-500 Foot Property Owner Nofification Map. 7. Neighborhood Meeting Nonce and Attendance Record. 8. Zoning Map. 9. Site Plans. ReuniC 8. V i 1 ENCLOSURE 1 !fi Z-99-034 (Olympia Creek Court) NOFtfiH SITE i I t I , VICINITY MAP I I Agenda Date: June 0, 1999 Seale: one 9. ' t .1980L, ~ r ENCLOSURE 2 r NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTON, TEXAS, AS SAME WAS ADOPTED AS AN APPENDIX TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO 1S.1 ACkES OF LAND LOCATED 125 FEET WEST OF STUART ROAD AND APPROXIMATELY 700 FEET NORTH OF WINDSOR DRIVE, AS IS MORE PARTICULARLY DESCRIBED HEREIN; TO PROVIDE FOR A CHANGE IN ZONING. CLASSIFICATION FROM SINGLE-FAMILY "SP-7" DISTRICT CLASSIFICATION AND USE DESIGNATION, TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR APPROVAL OF A CONCEPT PLAN FOR SAID DISTRICT; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zoning classification and use designation of 1 acres of real property, described in Exhibit "A", attached hereto and incorporated herein by reference, is hereby changed from Single-Family "SF-7" District Classification and Use designa- tion to Planned Development "PD" District Classification and Use designation under the comprehensive zoning ordinance of the City of Denton, Taxes. SECTION It. That the "concept plan", attached hereto as Exhib1"C-T Vr, and incorporated herein by reference, is hereby approved as the concept plan for the district herein established, in accordance with the provisions of article It of Appendix B-Zoning of the Code of Ordinances of the City of Denton, Texas. SECTION III. The Zoning Map of the City of Denton, Texas, adopT-eed-TF-e-1= day of January, 19691 as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 69-1, as amended, is hereby amended to show such change in District Classification and Use subject to the above conditions and specifications. SECTION IV. That the City Council of the City of Denton, Texas;7fi_er__e1y finds that such change is in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability for particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses of land for the maximum benefit to the City of Denton, Texas, and its citizens. 16. c SECTION Y. That this ordinance shell become effective immediately upon its passage and approval. , PASSED AND APPROVED this the G/day of Q, 1987. 1 RAY`5' HbNbtf MAYOR i ATTESTS 1 hi~~ETART APPROVED AS TO LEGAL PORMs DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY s . v,^. i V 2 11. A7E 2 i h . EXHIBIT "a• CONCEPT PLAN FOR OLYMPIA CREEK COURT ADDITION CONSISTING OFt I. Conceptual Site Plan (1 page), and 2• Design Statement (3 pages). W i s ~ I pp KAf rv•n I` 11 ~r Oy r' N, tr 1 r f , .q r l jj I F r `.w y n l r n.u ,i n /w •1 R ~ y f V IS, r y , ~ t • M, Y I _ s'a r p .III jib ~'w ~5.7rp !:I! .al.f. - r,•,~,,r~ ~ ZONING CFIANGE EXH07 OF _ YM 4Y W.,II W ww^Y Yww Mo Ml«r, ( OLYMM CREEK couti'r AD( f. ►.nY ww Ywl '.I. ll r ~ ; • ~ .7 ji: ~'1. E f11N l:a M M pl r ~ taM OR otM+a, VY Y.uWxM .IM MFwxw rwl ^ 1 I + y,,.~`~//~~YI~~ pY, 'l~Ix1 y~ 11Y n +Y Y.4NIN, f,M Yn. ~ ~ `L wxw,,M. yynT 14' 11T~, • w:syyan~y~ .tint _ •'I.YaTi •eI1YLAMYI Y~xnI. YIIY W..1. lY r1:M ~ yglnxiw «YYw11 wir"r"rL•II... It ~w~i. •Y•• y ♦ 1~1 01L11s, [RIIIRRW, CR1111• rill etil x..x4w of w.x. ~ ,S i 4 ~ Y~ 7_ TT~.i2 by,f 1M~Ii1M~Y IYI.W.M14M J W .1 +1.~ x bN..+II Yw r, ~ Y • nLd Ii.1I Y W,• r.w xxN.lw4• w~• ,6 LIIY Af•. y• r0,'b? W,y, 9en:' alrl. c i ® DURKE ENGINEERING 000,10 ok~d.p"ty Ise " MF • Y Wx~Y Yxl , y kI BR All 1Vriyl,t lyr •X e.»Rk ¢N ! CCNKkTm rA& LIIOINum W,/ (R'•Yri ,.~svx 1 ~MrR•„RRY W$04-114 i I J\ c CONCEPT FLAN OLYMPIA CREEK COURT I. Statement of intents This is a request for a zoning change from single family ($F-7) to Planned Development (PD). This site is especially well sifted for a well-designed planned development of single family houses, duplexes and four-piexes which will provide affordable hojsfng for Denton's growing young professional population. This planned development will provide an attractive, pleasant neighborhood with an aesthetically pleasing transition from surrounding development on the south and west sides of the site to the existing single family homes across the drainage creek on the north side of the site. The drainage creek provides a natural boundary between this development and the homes across the creek. In order to Insure an attractive setting for "Olympia Creek Court" and the surrounding neighborhood, the developers will insure e green belt appearance for the drainage creek. RelatiQ2 to Comprehen:iva plans This petition seeks a change from the current development guide which designates the land as a low Oensity Area. 3. Aereage end land Usess There are 15.147 acres In the site. Wit to the zoned four-piexes on the south side of this development 3.476 acres of two story four-piexes are planned. Then the land use will transition to 6.154 acres of one story duplexes. The remaining 5.517 acres adjacent to the creek on the north will have SF-7 size lots for single family detached homes. 4. Off-site Informations Shown on the attached map, S. Traffic and Transportations As Indicated on khe attached map, the petitioners would extend Olympia Drive and build three nth residential streets to serve the proposed development. Sidewalks will be provided on th^ south and west sides of all public streets. ~J, A private alley-way will be built. Off-street parking will be provided for all buildings. Access to the development !rould be from Windsor Drive on the South via Olympia Drive and Stuart U iva on the test via Nolftrap Drive. OLYMPIA CREEK COURT CONCEPT PLAN, page 1 14. This should generate the normal traffic associated with daily activities of the residents of this neighborhood. The traffic generation formula of the City of Denton yields the following figurer 1240 Y.T.D. 6. Resldentiel Sub-divisors. Sixes and Densitvt This development will provide twenty six (26) one-story detached single-family dwellings, twenty three (23) one-story duplexes, and thirteen (13) two-story four-plexes. Building setbacks, lot coverage, parking requirements, minimum lot widths, and minimum lot depths will be consistent with City of Denton Toning Ordinance standards. A private alley will provide access to off-street apace atmosphere, In c7der b to be built able to maximize market open court-yard four-plexes and parking provide a ten of the the properties function, beauty, and qualtty 0.1 be integrated into the entire development. The proposed development will provide twenty-six (26) single family detached units, forty-six (46) duplex units on twenty-three (23) lots and fifty-two (52) four-plex units on thirteen (13) lots for an overall density of 8.2 units for the entire dc•rlopment. Minimum lot sizes are 6,500 square feet for detached single-family lots, MCC square feet for the one-story duplex lots, and 10,000 square feet for the four-plea lots. Q,~NSf 1Y . Single-family 5.517 26 4.71 xes 6.154 46 7.47 e DuF four-plexes 3.476 52 14.96 TOTALS 15.147 124 8.20 II 7. Trews All existing trees, Including those bordering the west side of the sltef will be kept consistent with wherever thes aesthetic designs developers the will prvide trees and over-all development. consi i S. Welkina Patht Public access will be provided to a walking path along the south side of the creek enabling citizens to enjoy a green-belt setting. The path will provide access to a green-belt area designed as part of the development immediately to the west of Olympla Creek Court. OLYMPIA CREW OWRT CONCEPT PLAN, Page 2 15. ' t. 9. pralna2e+ See plat drawings on enclosed map. 10. Utilitlese All electric service will be underground. City of Denton engineers assure the petitioners that water and sewer capacities erak sufficient for this development. article 1.07 of the City of Oetkon Sub-Division and Land Development Guide will be met. Water systems shall be provided with a sufficient number of outlets and shat] be of sufficient size to furnish adequate domestic water supply to furnish fire protectlon to all lots and to conform to the Clty of Denton Nestor Water Plan, the Comrxahensive Utility Ordinance of the City of Denton and the Standard Speclfiations of the City of Denton. Article 1.08 of the City of Dentgf► Sub-Dlvtslon and Land Development Guide will be met. Sanitary sewer facilities thatI be provided to service the subdivision adgletely and conform to the City of Denton Nestor Sewer Plant Standard Specifications, and the Comprehensive Utility Ordinance of the City of Denton. The developers will provide the appropriate pro rata share of the sanltary sewer lines. Fire hydrants will be provided every 600 feet. No fire hydrants will be located within any cul-de-sac. The developers will build concrete slabs to acconodate U.S. Postal Service cluster mailboxes. It. Development Schedulai ! A. Submission of Detailed Plan wlnter, 1988 ! 8. Completion of platting and eNtneertng design.... Spring, i988 i , C. Public Improvements construction completed.... Late fall, 1988 0. Completion of four-plex phese....Sunmer, 1989 E. Completion of single-family and duplex construction Fall, 1990 i i k.AiF\ . v i OLYMPIA CREEK COURT CONCEPT PLAN, Page 3 16. C 1 1 V LNCLOSURE 3 i 1988 Denton Development Plan Analysis The e 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. These areas are Intended to be developed primarily for single family residential development. Vehicular trip 9enaration due to development low Intensity Areas is restricted to 60 trips per day Nr acre In order to balance land use with road capacity. Staff finds the proposed development to be consistent with the policies and slightly Inconsistent with the trip intensRy standards of the 1988 DDP. The table below provides a summary of the 1988 Denton Development Plan policies applicable to this project: Denton Development Plan i Policy Analysis Summary Low Intensity Area Development Rating vs. Policy WAR POLICY COMMENTS Irornstsunt fonslstent lntw& Thane I as represent airran tousirq areas %ItNn the Oty. x I ",Wty. To be consistent oath the Rowed Intensity • 909 trtpslsae a N d stain! not exceed b Mooted Intensity a ION blpyslte z Site Man Conbol. StIck property development tanbd rAthkt 1.600 feet of e%wn0low density resldentlal areft x Tnffk Des4rt. ftess OWd be p omm to ensure that muHi-family or non-reskential Lies have looess to coledors or larger arterials ntlh no Bred ma dxouph resldertial streets, x eaUo l fadll~tlrs~ t dr ty of parlu Decsow. of Pa A PA9k Partmpstion. 1W Into Wamai9 by neyhborfood assodattons and sounds Is encura9ed, x 1 Lard Una Dlvw0ky. Non-residential and multi-fan* &-nWment is enraged to x a Amsted dexee. f'snubdund IsoWnq. TMs form of yedamdy housing may be cor>oabbie vath developments In the low Intnntty areas mAject to condtlom NA -7 Strip Cowmwdml. Any forn of dim raged Wal arab s. X 1 1 ~ r homme 11. 1 ~ 1 e ENCLOSURE 4 I F.i~ZA ton Plan Policies Analysis Denton Plan (DP) is to be used in conjunction witli tte 1988 Denton Development Plan In the consistency of proposed development with the long range vision for the city. Staff finds ed deve opment to be consistent with the poiicles of the 1998 DP (as applicable). The table below provides a summary of the 1998 Denton Plan Policies applicable to thls project: Denton Plan Policy Analysis Summary Development Rating vs. Policy Y JT CATEGORY POLICY sncors~errt Y tr emsAent Transportation. Compllments Denton's Laq-Narge n ovware Plan. o`: a Promotes Accesa Management Pradkes ~ ~ o senvloe aoemnryerky servtx providers and pYj X Promotes pubtoc transportabon system, 'tis;,;Mr Conbibtrtes to the Denton Traits network Stormwater Drainage. Protects 100-year Aoodpaln areas in ea wdance with Denton's waterstxd management plans.# e X X Conforms to tool subdvt5m requlatlora. 1'a Contributes to reglanel detention radlitim Alf, g ii e) A Prevrdes for natural nparlan environment along flcod;Un, a Upgrades tasting substandard drainage systems as hill ' ' ' "q and redevelopment oavr. j ' Water and De IWS and maintains property and private Wastewater, infrastnr . Creates oppAw*4 for oversitkng water and wastewater Imes to meet Arture developnxnt derrwids. }k! ~ n °<rt; . Provides review or proposvf water and wastewater Infrastruch to ensure pudic safety and teahls. u :'~f ?xa.. Promotes In9 improvements over new line otensons Electric, Provides underground eledrk sevke for new resldenbal r•' X and nonresidential development. t r solid Waste. Prmn rtes eflident a oess to an development for solid try X waste se Im delivery, _ Partcs and Recreation. Lo ates parks and recreation WIVes In amadence with the Parks and Recreatim Strategk Plan. _ a Enhances parrs and recreation opoorbmbes for residents. _ I X Preserves floodplaln for panes and open space to 44 In lioodplaln Mnservatim efforts .r Knows OxrNning of parks with other pubik fasibes to adrleve cost eRedlve delivery of pubk wvices Resldenbal deveioMwA should deflate lard or kes In " Peu of land for me ghborhood parks. X Environmental Quality. Prmloter preservation of natural resounxs. ` Integrdlell tiMmurental protedW MALI ecnnonlk growth and mnvraurft devebpneM. FJename tt3~ ch FCATECmORY n Plan Policies Analysts (continued) Denton Plan polky Analysis sumn►aq Development Rating vs. Polley POLICY Im "i t Amk" eo*maa rft"W ft*fa =m to pot at one mm.* adltla kr Enoarapes a m n of Ina toes that bm* resldsdi Protects W prelarM &Mnp tW*6 rtwo& x ~Igeeorolt~ooei Ooredua veWalir M x NOW". 000 ~t x'id YM nOlh "'vpol to Meg" X stew a variety of rngk t" toe *K h"m *K x OW pke. m R"wvn hm tp, Indualnp WwdAk ho A4 x moose ke hmdng oautrucom x law en. k0oft aT *Wt VA Ow9ft tale x Gova"r- nt &m r" h,otrpovWAIntal oaordnaUon to "4* o7BtefltcCve pu6AC se *w urban tl"IrL Aaarpae oo wetly amemm in a mip w" mlrv,er, DKW*%udded" appesrna of bslt *Mrowet Mth o9 Wds"aa" t n0 WK VW Wqu,pr ~ a ° * x Rateda nd presenas Dmhofi ardAKtJrII, oulbnl and Nseorttal tmwm Erftmm fe Ippe&wu Nnq RAW entre,orA%,& ftulotes the p "woo of trees and Wompft x ►u611e In,rotvement RaAde an opparbmlty fw putsk conlon du ig t a dan+irro FOOM X r Wenanv _ ..7 LaL ENCLOSURE 5 NORTH z-99.034 (Olympia Creek Court) 1 SITE r Evers ! L 1 EXISTING UTILITIES MAP Hydrants -Water Line (W. L.) i Sower Lino (S. L.) , t ~If Agenda Date: Juno 9, 099 Scab: Norte Yo. I i i ENCLOSURE 6 Z49-034, Olympia Creek NORTH SITE 600 FOOT Bur ER 200 FOOT OFFER 200.500 FOOT NOTICE MAP `!Ire Agenda Data: June 9, 1044 !kale: None 31. ' r i ENCLOSURE 7 , Fa f M n,t' TOPI DETAILED PLAN REQUEST: On June 9, 1999 the Planning and Zoning Commission will hold a public hearing to consider recommending approval to City Council a Detailed Plan for Planned Development 129 (PD-129) totalk.g 16.147 acres. The property is legally described as being 16.147 acres In the B.B.B. and C.R.R. Company Survey (Abstract IIN) in the City of Denton, Denton County, Texas. It is located west of Stuart Road, north of Wolftrap Drive, south of Aspen, and east of Lldo Way. The proposal Is for twenty-six (26) single-family detached lots (4.65 acres) and forty-four (44) duplex lots (10.69 acres totaling 88 units). If recommended for approval, City Council will consider the request at he July 20, 1999, meetin , Presently, the applicant and owner wish to hold a riaighborhood meeting to antwer any questlons of concarftt that y66 may hiivo about this DETAILED PLAN REQUEST. If you ir,.Interostod Irk meeting with them, you are Invited to attend th8 meeting at the above date, time and place, If you have any questions, please doll city staff. R SPONSORED BY: CITY OF DENTON PLANNING AND DEVELOPMENT DEPARTMENT CONTACT; KATHRYN NILSSEN, PLANNER I e.1QI,Ivrboni mrv F.ny ,fw ~7, c~ cl . ~ I i ~Omr= CR Pg9q MEETWG 1 o~ym~~A CC p~rAi~~ 11 AlAMc 3t43 Goo cwt S6G^~tQt ~ Vu Ih% SIwNl ,EU:,4de1~ C. VACI,. 3134 Liao WA~r 36'3• a9~ p 1,00 ' " J rjm;44) Toq 6alboa a 381' 001 ~onp) IP-r a~r 5oS $tll).a C{' ..0 G« oe wv v Cs Sod eA.I-/, LIEN 1 23. u Br:czosuRe e Z-99-034 OI mpla Creek Court NORTH SITE E31 Ik A ~f flll PD-72 re.1le PM72 u 7 ra14 M24 ZONING MAP i., ~~~lY~ E Cr Agenda Dab: June 9, 1009 lode: None 24. c r 01 10 1 „ 11 1• Y ~ f s_ i r ,may. TrI•A• Tlfi FA'A SM 1 \ . r pig l h lilt V I ~ ~ ► A 1 ..L4, ~ TMA, A. 41 JA' yy WA' I ~ 1 SI'A Tdl'SA' d. SAA • .Mr1"~Ir'1, ,YZr ,wl:5i r TWA ` ~A' 1'SC'~A 1\ ~ It ouu 1 ~ / ' ~ _ II 4A Ird TM157L Sa'A' . _w...r _.-wry •I VALLAILAMUM ~ 41, r1YMIMAr r r+ rr~r' Irr . uur 1 IFiil luiF O w" ` ~ s~rr si r MIr " I IIIiII M IRI Mda UMIM Mr~rrw rl•YrMI ® M 000 "I"WI " k y~, ~r►+„~r~tr" ~'tl i ""IA it i tam rdr, w a w'~a? rniiil m" Jr. i .rJ wSC:IIA Lot EI > ~ _ . i I F V c, . r 4 ADDENDUM TO REPORT FOR 2419-034 • 1. A second neighborhood meeting was held on Monday June 7,1999. • Because of this meeting, the applicant agreed to a minimum of 70% masonry to be used on all main structures. comparable In appearance and quality to the nelgh.,orhood to the wast. • One neighbor undecided and 3 In opposition changed their mind and Indicated they were now In favor of the projed a Having received more notices since the report was generated, we now have 5 In favor and 7 opposed. The opposition Is below 10% so the Twenty- Percent rule will not apply. 2. Other polnis-Refer to attached proposed Detailed Plan and proposed changes In ry,tes. • By changing lot configuration the trips now generated are 17% over allowed { trip generation. • A ten foot pedestrian easement to be dedicated along on the north side of Lots 8-213. A private access easement A be provided to the pedestrian easement • The screening lance to the west will be removed due to the change In lot configuration. i E 26. . u IItsill Ut11011111 PLANNING AND DEVELOPMENT DEPARTMENT NEIGNBORNOOD MEETING -Z-99-84 PLEASE SIGN-IM . PLEASE PRINT YOUR NAME MAILING ADDRESS PHONE ORGANIZATION SIGNATURE NUMBER (IF ANY) :{Ll.. LHt 31y3 C,oo CJ," sl.` 4'1i1~ ~~~J Gc3sv~GC. 3/s2- Lido w sr/3a 5b~/ BA,`~OOa 38lDIdQI t411~- IS C, N#x 4f~ rl# 4%,&4 cr so.-,a s-s 10 s v .7 . sit rvvftW\ 94-10 N,r Sas 34~• a 6 9 ur Loadm:C~ fAl Dole: i t , 1 I .f i i i ~ DETAILED SITE PLAN NOTES SINGLE FAMILY LOT NOTES: aNO 2. PROPOSED LAND USE: DETACHED SINGLE FAMILY LOTS: 29. TWO FAMILY DWELLING LOTS: 41 (or 82 UNITS). SEE LOT 1, MINIMUM LOT SIZE! 7,00t. mq.ft. UES)CNATION DETAIL TO LEFT. 2. MINIMUM LOT FRONTAGE AT BUILDING LINE: 60'. SINGLE FAMILY AREA: 5,02 Ac. MINIMUM LOT SIDE YARD SETBACK: 6'. SINGLE FAMILY ATTACHED: 6.95 Ac. 4. MINIMUM LOT REAR YARD SETBACK: 10'. ROW: 3.18 Ac. 3. DENSITY: 7.33 UNITS/ACRE TWO FAMILY LOT NOTES: If. MAIN STRUCTURES TO HAVE MINIMUM OF 70x MASONRY (if plotted as separate tots - for mole as SF-Atloehed) EXTERIOR COMPARABLE IN ArPEARANCE AND OUALITY TO 1. MINIMUM LOT SIZE: 3,000 sq.fl. NEIGHBORHOOD WEST OF SUBJECT PROPERIf. 2. MINIMUM LOT FRONTAGE AT BUILDING LINE: 30'. 12. 10'PEOESTRIAN ESMT.TO Be. DEDICATED ON NORTH SIDE OF 3. MINIMUM LOT SIDE YARD SETBACK: 0' ADJOINING, 5 NON-ADJOINING. LOTS 8-25 BLOCK A. 4. MINIMUM LOT REAR YARD SETBACK: 10'. 13. PROVIDE PRIVATE ACCESS ESMT, FROM AZUR DR. TO PEDESTRIAN ESMT. j "REMOVE SCREENING WALL TO WEST" J Ii ATTACHMENT 2 i _ Page 131 11 I MS. wisaE: okay. I got a D In shorthand. I Item No, 16 Is to hold a public hearing and constda 2 I'm sorry, Ilow about dds? Could you clarity that and 2 recommending approval to city Council concerning the 3 then I could say according to Wayne? Is that fair? 7 &Wled p'.an for Planned Development 119 toWllrg 4 No. Okay. I'll make a go for it, 1 move to recommend 4 15,147 sera. It's located wed of Stuart Road, north S approval of Z•99-033 with the permitted tarsal uses S of wolftrap Drive, south of Alpert, and east of Lido way. 6 that pestdtted fond uses exclude those specifically 6 71re proposal is for 26 single•famlly detached lots ad 7 mentioned In Enclosure 9 with clarification of No. 8, 7 44 duplex lots. At this time I will the open the public 9 Item D, trailer rental or sales, being that trailer 1 hearing and Ms, Nilmn will provide us with the staff 9 renal and mobile home and synonymous and manufactured 9 ropart. If you would, ploue. 10 home sales Is pmnittod. That light on the property 10 Ms. trlt.6sEN: ?lams you, Mr. Chair. As I I shatI be designed and maintained so as not to shine on I I mentioned, this is a 1 S•plus acre site that Is located 12 or otherwise disturb surrounding neddentlai property of 12 north of Wolftrop and wed of Stuart. As indicted In 13 to shine and project upwards to vent the diffusion into 13 my backup I've Mal two aeighborlaod moctings, one I had i4 the night sky. All loading dock and dumpcw areas 14 on Monday night. 71imfom I've given you an addendum 13 shall be scre'nod from view of 1.35 E by solid, opaque i5 to this teport, Cm just going to kind of to through i6 scrocric which cza be fences, walls, or vegetation 16 the highlights on here, just kind of So over what we've I7 reaching a he1ghL of at !cast six feet above grade. And 17 actually changed. 18 that any occupied structure shall not have a meal I I This was a concept plan that was approved In 19 exterior. 19 1987. Previous to that it was SF-7 zoning, The 20 MR. RISNEL: Second. 20 detailed plan before you tonight is, in essence, 21 MR. RFED. can 1 clarify a metal exterior 21 replacing the concept plan. On page 31've outlined 22 visible from 1.357 22 diffemoa between the concept plan and the detailed 23 Ms. GouRDIE; i like that. Visible from 23 plan. I'd like to correct No, 3 where the proposal 24 1.35, 24 calls for a mlalmum lot size of 6,000 square feet for 25 MR. RISNEL; I'll still second it. 25 the dngie•farNly. Actually, the single-family detached Page 130 Page 132 I MR. ENOELDRECH7: R's been moved and I will be a minimum lot dun of 7,000 square fact. We 2 seconded to recommend approval with conditions. Any 2 find the proposal consistent with the '88 Plan and 1998 3 discussion on the notion? 1 have to say I'll be voting 3 Plan, as well ss the Gowth Management Strategies. 4 against this one. I'm not particularly enthralled about 4 However, the trip Intensity standards are 19 percent 3 the idea of expanding this and I certainly don't li' 5 higher than wu allowed in that arcs, 6 the idea that at this point it could be expanded 6 Seventy-three property owners were mailed 7 completely around onto Pockrus-Page Road. Theteon,1 7 legal notices foe this site and 169 Courtesy notloes I will be voting against it. I were maileJ. As mentioned, the nelghborhood taming was 9 in edditloo, there's no skirting 9 held on lure 2nd and I1 people attntded that. Most of to nquircntents for Msyhill Road. I don't think this is to their concerns centered around the number of duplexes I I approprlate fcc our entrance way. Mr. Powell, were you I I that were then, the une, leg, the trees to the west of 12 going to make a comment? 12 the property. the type of material that was going to be 13 MR POWELL No, 11[r. I was going to oak 13 used to construct the tames. The developer indicated 14 •,ou to expand on your remarks mere so that I'd 14 that then would be a possibility of chargieg the 1 S underat" them better and you did. 7bank you 1 s single-family homes to the west, or attached to the wed 16 MIL ENOELDRECHT, Any WW discussion on 16 all the single-family homes and picking up throe lots to 17 the motion? All in favor raise your right hand. I7 the east to make up fa that lot oonflgttradon charge. I I Opposed same sign. Motion arrics, six to one 11 In the addendum you'll we that the 19 Commissioners, how about one move hearing then a break? 19 developer has airevd to do that making this Site plan ~ 20 A short one. Wald that be good m would you tatlw do 20 totalling 29 single-family ddachad lob with 41 or 82 21 it stow? 21 units of single-family attached. They have also agreed 22 MS. OouRDIE: Let's get it over with. 72 to 10 percent tninimum maw" exterior eompareble in 23 MR FNOELDREM: the hearing Or the break? 23 appearance and quality to the eelghbmhcod west of the 1 24 MS. GMKDIE: the whole night. 24 subject property. They have allowed for a f 0-foot 2S MR ENOEt32RECH7; All right. We'll go on. 25 pedestrian easement to be & ated on the north dde of PLANNING AND ZONINO COMMISSION JUNE 9, 1999 Page 129 • Ptge 132 29. ' t. Coodrmscltr" Page 133 Page 133 1 Lots s dmueh 36, Block A.Thcy will pro 1,10 a private 1 MIL DONAI.DSON: Par a duplex 1'd have to 2 at"ememani from Azur Drive to the pedesuien 2 took that up, 3 casco nt. The mintmutn lot dm, again, ror the single- 3 Ms.OANM: You can buy one side of a 4 family homes, will be 7,000 square feet. Minimum lot 4 duplex. S aide yard setback will be six feet and rear yard setback 3 MS, oOURDIN 1 LVW. My sister-ln-law 6 will be 10 foes. 6 lives in one in HighleA Park. I know. I love them. 1 7 We had caked de developer to Include 7 think they're besulifa', i have nothing igaind 1 screening fcnca In the Initial detailed plan to 1 duplexes it they look la-A the once in Highland Park. 9 separate multi-family from aingie-family to the wed and 9 But I'm Just curiow crust the parking because oho bus s to the east. And since we've changed the lots to tho weer, 10 terrible time with parking snd the whole street is I I we have rammed the screening ws!I on that side. So I I duplexes and nc are can find paricing, And that's my 12 that's bulcally what's cotta out of the neighborhood 12 concern, I3 mocting on Mondry night In working very closely with the 13 MR. DONALMON: And even if they remain u 14 developer the lad three days and the neighborhood. And 14 two-family dwellings, there hm to be two spaces for 15 I'll be happy to answer any questions rot you. I do 15 each. 16 have phatographs. 16 Ms. omRDw so there would be two two-ca 17 MR E mmBs m: okay. Mr. Rishel, did you 17 garages. 18 this is from the last time? Okay. Ms. Oounlie, Is is MR DONALD": Parking pads, anyway. 19 you're from the last time, also? 19 Me otxmDte: 7%ank you. 20 Ms. co "TF• No, it's not. I have a 20 MR POwrLu could somebody explain to me 11 question abut parking on the single-family attached 21 the difference In Demon's definition of duplex and 22 which you my arc duplexes, is that corr&V I reed on 22 single-family ettNM? Is there a difference? 23 the detailed site plan notes, No. S. parking minimum two 23 MR DONALDSON: Dwelling tw rfamlly mans a 24 spaces orr.simet per lot. So does that mean for the 24 detached building having separate tiommmodstlons for and 23 family atacheA there's one they only have like a 23 nocupled by not more than two ramities or by two Page 134 ~ Page 1136 1 single garage or just a driveway, 1s that what they're I families and not more than four boarders end Dodgers. 3 saying? 2 So a two-family dwelling could be two single-family 3 MS. NItMEN, rd have to let the developer 3 attached but It doesn't hive to be. lt's where the i 4 answer that. 4 property line Is. s Ms. OMRDm4 is them any regul■tloes or j MR. POWELL: Okay. Maybe if 1 ask the 6 anything conoemiug duplexes and parkins? 6 question differently In this case, does the property 7 Ma. DONALDSON: Hut's the same parking 7 line run down the middle of & structure? 1 requirement 0tat we have for single family detached. 1 MR. DONALDsm Not yet but they wanted to 9 All single-family is required to have two off-stnact 9 preserve that rigid. The Intent here IS to build 10 poaldng pleocs. 1o two-family dwellings but they wanted to preserve the I I M3. QolRDtE: But isn't that a kind or I1 tight to come back and subdivide and still be able to 12 you've got more than you've got two families living 12 sell them off Individually. 13 on are lot which is difrenent than 13 ASR. POWELU so they could be duplexc or It 14 Atli rioNAIDsom No, for each unit do would 14 could be two-family attached. IS be required to have two. Is MIL DONALDSW: At which tune it would 16 Ms. a )rjoit well, here It just says to become single-family etlache& l1 right, but to the duplex cosidered a unit or Is it 17 MR. POWELL. Oot you, Thank you much it considered two houses attached Is what I'm askina? it's 1a Which I just went to interject, they could become 3,000 19 contusing to understand when you say duplex. 19 square foot lots. 20 Single-remily attached Isn't realty a single family, M MR. DONALD": with a acto lot line, common 21 It's two fanllles Iiving side by xt&. 31 law. 11 MR DONALDSON: if they're ultimately 22 MR. POWELL: Right. That's the Way 1 read 23 subdividod and sold off as single-family %lachod 23 that. 24 houses, each unit would have to have two parking spaces. 24 MA BNOPI.BRP. a. odw questions? The 23 Ms. 0ot7RDtE: okay. Thank you. 23 pedestrian easement, H scem6 to begin at Lot ! or PLANNING AND ZONING COMMISSION ilLWE 9,1999 Page 133 • Pape 136 313. t 1 I ~'411d00101lTM j Page 137 Page 139 I something. I'm aauming there's some other pedestrian I MR. ENOELBRSCM; OLay I plea that's my 2 thmoughforu there, Life may begin at lot 8. 2 other question then, is it Lot 7 that begins with the ' i 3 MS. SILSSEN: Thla this is actually Ni ) two-famlly? 1 was a lot of fun. In the concept plan it calla fa a 4 Ms. mLssii : Yes, air, I through 7. S public access to a walking path that will connect to the S MA BNOELBRECHT, one through 7 and then 13 6 green space to the subdivision to the west. In going 6 and Block C is that all 7 out there and retarding all this and with Mr. 7 MS. NttmEN: ibat will all be the duplexl 1 Dow,dson's generous patience with me trying to 1 single-family attached. Basically, the ring excluding l 9 determine how all this came about. `er'e detennired that in 9 through 7 will be single-family detached home, to m72 which is to the weal, there Is an easement between 10 MR. MOEIARECHT: Basically, We could have I I two homes that go to a walking bridge over the channel I l lis 3,0oo or a tittle, in some caeca, better. 12 And we believe this was meant to provide this easement 12 Ms. NItSsv. Eighty-two. I ) to this development with the assumption that the other 13 MR ENOEt9RECHT: Eighty-two 3,000 to 3,300 11 development would have some sort of trail and they would II square foot lots. 15 moat up, is M.4 MISSEN: Correct. 16 Since then the land has been dedicated to 16 MIL fl,'OaumcHT: Any other questions for 17 the Parks fkpwtn nt and sr aking to the Parks 17 starf7 Is Dope ment today they said that If you can still grt the I1 MK POWELL: If this Were built out to the 19 easement for that, we certainly would like that, In 19 maximum aasundng these attached buildings were all put 20 their concept plart they called for const"64 trails 2a In to the maximum, would the number of units he more, 21 all along their drainage pattern And we're keeping in 2I less, or the sarne as the currenl zoning? 22 compliance with the concept plan 22 Ms. MtSSEM The cumnt zoning In plea 23 MK DONALDSONf Kathy, can you show them on 23 right now is 121 units. N the map that's up on the arom what the groenbelt Is 21 MR POWELL okay. help me out here. 2s to the west? 2s MR DoNAt.DSON: As proposed It's Patin 1Is Page 140 1 MR, I NOUBRECHT; I'm assuming that's why it 1 MS. N1 SSEN: As proposed It is leas. 2 begins behind Lot 8 because beyond that there's 2 MR. Powau even if it were maximized, it's 3 greenbelt and space for the trail and there wasn't 3 still lea. 4 before that? 1 MS. MLSSEN: Yea, s MS. NUMEN: Correct. Yeah And this Is 3 MR POWELL: Think you. 6 all the greenbelt. This is all open back here and then 6 MA ENCELBRECHT: Avy other questions for 7 it opens up as you go out. 7 staff? All HOL ?bank you, Ms, Nilson. Is a MR. LNOELBRECHT; And then there's the 1 petitioner or petitioner's representative pmmt7 tf 9 emcrnent is like on Lot 8 to get Into it? 9 you would give us your name and address for the record. 10 MS. NILSSEN: it will be on Lot 8 because 10 MIL EDWAXM: ehalnrnn, members of the I I this widens, it alerts to widen out again and then 4mv 1 I Commission, I'm Ores Edwards. Onr offices are at 300 12 Is, as you head cast thtcre's a bridge that crosses a 13 North Carroll Botdevard, Suite D here in Denton. I'm a I) culvert. And to keep the easement going down south of I) civil crIl" rewwnting the petitioners on this. Ice the lots would really bring your path out of alignment 11 Bnalca!ey, our clients went out and purchased the plem is So we only requested 8 through 25. I5 of property that was toted, bad an approved concept plan 16 MR. LNOELBRECIIT; And what I'm saying is I6 on the project that allowed single-family, two-family, 11 that the casement to get to it is right there on S. 14 17 snd four-plea. Basically, they were interested fit is that what that is? it providing single-family and two-family and asked us to 19 MS. NtLsswr oh, that's what we possibly 19 prepare the sating change request to take the area that L 20 probably will have tlx n do al the platting stage because 3o was designated for four-plexes, modify the plan, ard ! l 21 there's a drainage tasernent there, as well, and that 21 turn dot from four-plex toted area dawn to two-family 22 would be a nice buffer betwx+cn the multi-family and 6.e 22 road alas, 2) single-family. But we said we'd work that an at the 23 So ohm we staled out, we were intending to 24 platting stags But we will have an sCeett from Azur is basically roduce the Intensity over what was approved on 23 Street to that casement. 23 the approved concept plan. We have, as Mr. Powell had 4 PLANNING AND ZONING COMMISSION JUNH 91 1949 Page 137 • Page 140 31. Condaaaoll"" _ i Page 141 Page 143 I pointed out, reduced the dcwity from 124 units to we I Manager for Choice Homes. The photographs I took AN of 2 had initially proposed 114, now it's down k 111. And 2 our single-family products. Then I hive ■ eorwo for x l basically with the property values that are surrounding 3 the attached family product, also. 4 in the four-ptex arcs, which is down in this arcs prcny 4 Ma ENOELBRACtR: Might 1 ask, is gat s welt extending dawn to Windsor Drive, we have a s showing a single-car gange7 6 substantial increase In property values, we foci, for 6 MR. 2owisom what my understanding was we 7 the proposed arcs. 7 had to provide parking for two so we have a tingle-car We did moat with the neighbors on a couple I garage on each one. They'd be paired in together. 9 of occasions and appreciated the comments that they had 9 MR ENOELeitw h Each one of those 10 and the willingness for them to reapers the property 10 represents a double c garage. 1s that what you're t I owners' concerns and rights in the property. The major I l saying? n change that we did was basically take these six lots I2 MR. rOIINSON: A single-car on each 13 which were initially on the concept plan, I Lank these I I particular unit, It's my understanding of the or&nena 14 throe lots on the concept plan were for four-plex and 14 that you bad to have parking ror two can. You didn't is these three lots were for two-family, We had proposed is have to we a two-car garage. Am I wrong? 16 ail of those six lots as two-family tots because of the 16 MA ENGELBBECHT: NN 00. I'm jug trying 17 twncems of the nele.borhood, the nclghbors In this 17 to visualize, I wasn't sure what the scale Was there, is arcs. We changes those lots to the sF•1 lots. We did is MR)mrNsoN: H's kind of hard to tell but 19 have to modify the lot linen s little bit to meet the 19 it will appear to be a two-ar garage when you look al 20 7,000 square foot minimums on then lots and in 20 It but It will be two tingle doors and you'll pair It in 21 exchange, we asked that they allow us to change these 2 t the center. That way we can use one common wall towards 22 throe lots which are next to the 100-foot drainage area 23 the back of the two units and the majority of dA home 23 across from an existing chumb that go from two-family 23 will be separated by the garage for sound ressim, 24 to from single-family to two-family, basically, 24 MR 6NOELBRECHr: so the way this would work 2s hns,eW of losing six units by doing that and agreeing 2s is you'd put one In the garage and cm in the driveway Page 142 Page 144 1 that, wn would only lose three units and that's much I and that's ho'v you'd get space for two. 2 more favorable for us and we apptcciate the 2 MR 1oHNsom You could actually put two in 3 neighborhood's consideration on that, 3 the driveway and one In the garage so really you could 4 1 think of the people that were at the 4 have parking for more than two can. With the setbacks s neighborhood meetings that were initially opposed to the s we have. It would be real asy. 6 Project, we got some convau In the majority of the b Mp ENortitncHT: thank you, I'm serf;', 470 7 people that showed up at the meetings Rod understood our 7 ahead with your presentation. s plan and understood the existing tuning and what we were I ML 2OHNw Again, fat's *bat we're gel .8 9 trying to do with the property, we now in favor of the 9 to have these, And the single-family, we've got 10 proposal At the Monday meeting we had hoped to have a 10 existing areas we've built In Summit Oaks and also In I I little bit better prcsrnution end answer a few more I 1 Hickory Creek ikights, we've built the some type of 12 questions on the type of housing that was going in. We 12 products there, which are brick, high-quality products, 13 agreed to a 70 percent masonry condition and we have Mr. 13 &It 0 Ua )j9: Pm sorry, I did oat hear 1 14 1larold Johnson from Choice Homes here to show some 14 had the boars going ova my head when y'all were talking 15 pictures on what the proposed single-family units are IS about the parking. It's hard to compete with that 16 going to be at this pwilcular location. So if you Nye 16 squeaky not me, You said it's a one-car garage for I7 any questions on the site plan, I'd be glad to answer 11 each - i s those or come back and answer those and we have Mr. I I MR. 20tN": You've got a 9:5-foot driveway. 19 Johnson from Choice I lom s to show you some pictures and 19 You've gee parking for rally two can and ate In the 20 to clarify the quality of the product that we're 20 garage, So actually you can get three cars on each \ 21 proposing at this location. 21 site. You lave a one-car garage and a one-car garye std 22 Ma ENGELERECHT: Cemmisslonas. Any 22 this Ode, On the front, it would bee appear as a 23 questions at this time? 23 two-car gauge. And there you have driveway Coming gut 24 M2L 201LNsom I'm Harold Johnson and 1 live 14 where you could posh four store can. You oould put six 2s at 7 Faltyroen, Trophy Club and I'm the Community 2s an fit the entire building, throe per side. PLANNING AND ZONING COMMISSION JUNE 99 1999 Page 141 • Page 144 32. t 1 Con&nwltvm Pape 145 Page 147 I Ms. oomie: nut In orrdr- to access the t residential street section is 31 foci wide which i 2 ones In the garage, the people is the driveway would 2 basically allows for parking on both sides of the rood I 3 have to pull out and pull into the street, park the car, S and one clew lane down the middle. 4 let the paw to and out. Is that correct? I mean, 4 MS oovaate: maw, this is what the 50 it S just from a human factors engineering aurhdpolnt, you S foot does? 6 have to go before you could use the garage. 6 MA WNION: Right. There's a 50-foot 7 MIL iOKNSON: Right. 7 right-of-way, then inside of the 50-foot right-of-way, a Ms. GOURDIE: Okay. 'Brink you. 6 you've got a 31-foot street which leaves a 9.5-foot 9 MR ENGELOIL CW: Canurdssioners, any other 9 parkway on each dde. to questions? It doesn't appear there are. Thank you. Is 10 Ms. ooURmm, Do you we any problems with I I there anyone present who would like to speak In favor of I 1 having the is where my problem lies Is to the very 12 this peition? Anyone ptesettt to speak in favor of the 12 bottom hen go ahead, I'll wait to comment. I'm 13 petition? If you world please give us your name and 13 sorry. All right. INs is my concern. N the bottom 14 address for tau record. 14 of this is says two-fun!Iy lots notes, if platted as I3 MR suNE: My name is Bill Slane. I Uve IS separate lots for sale a SF•attiched, and they give tar. 16 at 3143 Lido Way. I'd like to thank Kathy Nilsson for 16 spocifics u minimum lot size 3,000 square foci, minimum t 17 refereeing al l this stuff and I want to thank the 17 lot frontage, setback 30 la4 blah, bhaht, blab. IS developer for agreeing to change the 10K It pretty 16 They're kind of marketing it as single-family homes, 19 much alleviated our cortecru that we would have 19 like this Is a 3,000 sgiim foot IN and this to a 3,000 20 single-family housing bock to single-family housing. I 20 squat foot lot but we just bappert to have an adjoining 21 don't know that we' U appew everybody in our 21 cone wall. 22 neighborhood but 1 believe the vast majority of us an 22 My problem tics in the fact that it's being 23 grateful. And because of that I pa-coally am in favor 23 marketed as a single-famlly home but the City it saying 24 of it, 1 think the rear of the neighborhood will accept 24 this Is one unit and 1 think, In my mind, I'm owing two 25 it because of the changes that an made and with the 23 adults with two can In one and two adults with two can Page 146 Page 148 1 changes that were recommended by staff l In another and then, of course, you might have a 2 MR t.NGEt9KtcHT: Commissloras, any 2 16-year-old and a 15-year-old that'ajust gel his brand 3 questions? Thank you. Anyone else present wh2 would 3 hew ear and 1 think the problem wish this It, Is that we 4 like to speak in favor of the petition? In that cue, 4 don't have enough parking fa all of then people, And 3 is then anyone present who would like to speak in 3 this Is a very dense situation. 1 have nothing ow!nst 6 opposition? Anyone present to speak in opposition? a duplexes 'Ns, I think, works but seeing It rally 7 Socing no ~,+otition, we'll waive the rebuttal. Public 7 happening in a part of town In Dallis, it doesn't work 8 herring is closed. Ms. Nilsson, any final staff It very well because there's Urn of tars People art 9 remarks? 9 fighting to park because they can't sot bock to their 10 Ms. N71ssEN: I just wanted to point out in to one-car garage in the back. It just doesn't work. It's I I the sddcadum that we did have one undecided ark! throt In 11 tot a ro!ity situation. So my concern Is that, that we 12 opposition that did change their minds and we in favor 13 am not providing sufficient parking for what the 13 of it. And that we, having received mot cor ntent, we do 13 realty of he situation is, which is two farnilks 14 have rive in favor and seven opposed, which is leas than 14 living v ith an odjoining wall. It's not one unit, it's 13 10 pot oc. I so the 20 percent rule is not tr!gpood. by 13 two units with an adjoining will with two famlUes, we 16 this Oder than that then, staff recommends approval 16 are not providing par" for town. And 1 dot's know 17 of Z-99.034 with the conditions outlined In the detailed I7 bow to solve the situation because 1 realize that whom 16 plan notes, wh[ch we will request that they Incorporate I I Choice Homes has a geed reputation of setting everyone f , 19 into tlw detailed plan on It's way should It go to 19 into a boat that weds to be in a loose and 1 think r A 20 Cour"d. V that's wonderful, but are we providing them carat 21 MR. F.NGEI.BRF.CHT'Ms. Gourdie. 21 smien by saying that a single unit, Isis because It's 12 M!. OMILDIE: A afoot right-of way, the 22 sirtgk-fnnily attached means two an for to me, 23 roads are, correct, a 50-hod riotrof-way, Now tea 23 moon it's two cars for ode family. I don't know If that 24 that work with traffic and parking in the road? 24 makes sense or not. I 25 ML SALMW Curren "your standard 23 MIL FNOEL6AFM It basically Means you ii PLANNING AND ZONING COMMISSION JUNG 9s 1999 Page 145 • Page 148 I 33. f Condoerwlt"" i Page 149 Page 151 1 have a 16-foot driveway for each unit l MR. ENGELBRECHT: rm in agreement with you, 2 MR POWELU We're t1,A derunrng drose as the 2 Ms. Gourdie, This is another way to get 3,000 square ` 3 structure, the totil two-family structure We're not 3 root lots and we were tooking at 4,000 to 5,000 square 4 defining thou as one unit, are we? We're defining 4 rod lots which was a teal problem up at the corner of S those as two units. S Stuart Road and Loop 288, not too for away. 4 6 MR. DONALDSON: Correct. 6 MS. OOURDIE: I mean. I Would love to see 7 MR. POWELL: okay. I think there War some 7 ids happen a question 6 MR. ENGEL BR£CHT: I have it Pool problem with 9 MIL DONALDSON: The only difference between 9 particularly the large number of them all put in to one twrrfsmiiy dwelling or one two family structure and to together, is that any other questions fa staff? A I 1 two single-family attached is ownership, 11 motion? Comments? Ready for a break? 12 MS. GOt"IE: But you said that a unit lies 12 MR POWELU Continents, I've got a short 13 on a you said that Ibis is a unit. 13 cotmrent. 1 was prepared to vote for this because it was 14 MS. SlISSEN: well, It's 41 lots, but 82 14 fewer units than was allowed in the previous zoning. 1 S units. 15 Your comment about 3,000 square foot lots is interesting 16 Ms. GOURDIE: Right. 16 and this is discrusion, right, we an discuss here? I'm i 17 MR. ENGrtBREcHr or it could be 82 units 17 not particularly for a 3,000 square foot Sot but what is and 82 loci? Is would we have if they were allowed to build 124? 1 19 MS. NItSSEN: correct. 19 mean, what am I missing here? Is It because they were 20 Ms. GouaDm Right. Now, if it wcm82 20 four-plexes and they were on two floors er something and 21 units and 82 lots there would have to be four garages 21 We'd have kw footprint are or what am 1 rrlatng here? 22 1 mean, two guogx for each unit. 22 MIL ENGELPRECKT: Well, u 1 see it, that 23 MR. ENGELBRECHT No. 23 was a concept plan a number of yeah ago and I don't 24 Ms. CIDURDIE. Yes, bemuse doesn't it say 24 know what the'a plan was. 25 right here that it shall have two? 25 MR. POwELL: well, I don't either but if Page T50 Page 152 1 MR. ENOELBRECHT: Two off-street parking and 1 they brought In a detailed plan that met the concept 3 the width and the depth of the single driveway allows 2 plan, I'm assuming we'd have to buy Into it, We 3 that. Actually, just two in the driveway. 2 wouldn't really have a whole lot or cheim, would we? 4 MS. C10URDIE: But In actuality, those people 4 MIL ENGELBRECHT: Well, I think that's a s have to it's not a usable driveway. S matter of opinion. 6 MR. ENGP.LBRECHT: Yeah, right. Exactly. 6 MR. POWELL• What I'm getting at if they 7 MS. 000RDI6: In theory it's not a practir. I 7 came in with far•p1tus like the concept plan Wed a situation. It's like that person is going to have to 8 for and, you L.. °a, we wouldn't have 3,000 square foot 9 move their car and thcy'r. just going to park on the 9 lots anymore bmuse they would be rental units and We 1o street because husband or wife gets in there first, they 10 would have larger W. But we'd have more units or I i get the gunge, the other person gets the atect. I l more people and t gum more cars, you know. overdl. I 2 'That's just the way It works. So I'm just saying 1 12 MR. ENOELBRECHT: L think if they were, I t3 think there's a concern and I can't vote for that with I3 may be wrong, but If they were four-unit atnactura they 14 that concern. I don't know law you ate going to do It 14 would require a different puking requirement, parking Is but I'm really - I see a future problem happening. 1s lot. 16 MR. ENGELDRECHT: I agm, Ms, Nilsson, Is to MR DONALDSON: Yeah, they would be required 17 there a current detailed plan in place for this PD? 17 to have Ica parking. It would rom into the apartment, Is MS. NILSSPN: No. 18 mull-fam.;y and it would be a function of the number or r A r 19 MR. ENCiELDRECHT: There Is none, So they 19 bedrooms and the m+xLmum would be two per unit but It 20 may be whatever zone but it can't be built because 20 could be one and a half, dwelling unit is the thing 21 there's not a detailed plan. 1 mean, there's nothing 21 within which you liver 22 right now that &I Iowa for the footprints and the bus, 22 MS GAN X n'a the part that people live 23 ct cetera in plena? We have a conoept plan. 23 In. 24 MS. N=EN: Right. We have a concept 24 MIL POWELG Not the stnzctwo. Look at 2s plan. 27 those duplexes Just for talking ptrpoeea. Look at them PLANNING AND ZONING COMMISSION JUNE 9, 1999 Page 149 • Page 152 34, 1 1 t1 III' 1 Caadeosoll41 Page 153 Page 155 I as apartments, So each one is a unit, 1 help to me. Tbonk you. » 2 MR ENCELBRKMi t,et's take this as" 2 MIL 29''3ELBRMIT., Ms. Garza. S further because I have a little bit of a problem with 3 Ms. oxmL. rd like you to look at it from 4 what's bom said around here with another can and this 4 another perspecuve, There are people out who want to s case, as well. And that Is that because a Po or lo, I s s buy duplexes. 'rtes y don't want yard vork. They don't 6 years old was zoned at "x" number of units, that was the 6 want a big toL You're looking at single people. 7 concept plan, Now, pmt of a to Is that it allows all 7 You're looking at couples, You're looking at empty 6 sorts of configuration and movenneot away from the normal s treaters, just like what we were looking at nekr on 9 set of rules And I'm not at all convinced that because 9 the reCuement place. Then are plenty orpwpk out 10 15 yarn ago you had the concept plan said you'd have to theme who want to buy lt.'s affordable and you have to 11 140 units, that today that that pill has to have J40 11 look at it from that penp"ve, also. Not evagbody's 12 units, And if it does, it still has to lave that 12 going to have two can. Very few families are going to 13 detail and we have to say how that detail bas to be. 13 buy a half a duplex. Somebody might am buy both aides 14 And If that b.-tail is off an inch, then it doesn't meet 14 of a duplex, live in one side and rent out the other. 15 what we believe to be appropriate and, therefore, I'm 15 That's what a lot of duplexes are. So you have to loon 16 not st all - and, therefore, we would not have to 16 at it rrom all points of view. Thank you, 17 approve it. And I'm not at all convinced that because 17 MA ENOEienECHT: W. Moreno. 16 someone mid 15 years ago you an put 140 wits on it I I MA MoRENo. First, l have a question. Is 19 that today you can put that or less. I guess that's my 19 this riot a detailed pLa? 20 argument. 20 M9. NItMM 7hls Is t detailed plan. 21 Mx. towrlti I understand your concern and 21 MA MoRe4o: No Is a detailed plan. So 1 22 I'm not even debating with it, I don't think, Maybe 1 21 thought 1 heard Commissioner Pngetbrecht just a few 23 am, 1 don't know. But I do undentand your conoertl 23 minutes ago say that we didn't have a detailed plan. 24 here. What I'm saying though Is if they came in with a 24 ME NIUSM we didn't have rare prior to 25 dcWkd plan that mct the original concept plan, l for 1s this one. We only had a_concept plan in plea. Page 134 Page 156 t one, would have a hard time voting no even though 1 I MIL ENOELDRECHT: Yeah, i was asking whether 2 didn't like it because they met the requirements. 3 there was, in fact, a previous detailed plan. 3 MR. ENOELBRECHT: What were the 3 MR, MOREte Oh, okay. Having said that, l 4 requirements? Because it's a Planned Development 4 agree with Ms. Qarim. s there's more than one phase and the final phase Is the s MS. NILSSEN: I jut want to make a point of ' 6 exact details. I'm not at all and just because 1S 6 information. Just to let you know, In our straight 7 years ago someone said you could have 130 units or 7 zoning for two-family dwellitig attached our minimum t whair tr rho number might be 124,1 don't think that t square lot size is 2,000 square feet is all areas of our i 9 necessarily means that Oly that detail that when 9 zoning district so actually they're 1,000 square feet ` to the detailed comes In that it ~'N M be 124 or we can't 10 higher than that 1 I I legally deny It I just don't 5u; at argumrnR I I MR. ENOELBRECHT: Thank you. Any other 12 MR. POWELL: I wasn't talking legally ao 13 questions for staff or oontmcats? i 13 much as just In good conscience. If they met with 13 Ms. QANZER: I'd like to make a motion. I'm 14 HS, GANZEIL This Is getting a little out of 14 going to recommend approval to the City Council lie ill hand. i3 detailed plan for Planted Development 129 totalling 16 MR. POWELL: 1 understand but I'm just 16 15.147 acres with the conditions as proposed by staff, 17 trying to • • 17 W III that work? Is MR. FNt7EL9RECHT: well, when you say In good it MS. NIl..SSEN: Can 1 say Incorporated Into t9 conscience I can say that it's my belief that many of 19 the detailed plan? a t 20 these properties were zoned simply to get the maximum 20 MR OONAL13m As submitted this evening, f 21 density possible with no real trerne ndous concern for the 13 Ms, OANzEA, As submitted with the chsrgeo 22 configuration or anything else, that the goal was to 32 that staff has presented this evening. 23 maxbttize the density and flip the land and so I don't 23 MS. NR.SSEN: Conect 24 feel any gnat compunction to hold to thaL 14 MR. MORENO: Second. 25 MR. POWELL: Your concerns have been a big Is MR pS40ELBRECHTn it's boon moved and PLANNING AND ZONING COMMISSION PJNE 9,1999 Paige 113 • Pttae 13b 35. t; k I Coederaseltma j Page 157 Page 159 1 v. 1 seconded to recommend approval with the conditions as I (BREAK TAXEN.) 2 presented by staff this evening. Discussion on the 2 MR. ENOELBRECHC: All right. At this time 3 motion? Ms. Apple, 3 we will reconvene the meeting and continue on with 4 MS. APPLE: 11ust want to say I'll be 4 Agenda Item Na 17 which Is hold a public boarirp and S voting in favor of the motion. Just recently, I had 3 consider making a rocommendadon to the City Council 6 friends that are a couple and they were looking for just 6 regarding amending the conditions of Ordinal 4c 98.255 as 7 this type of thing. The busbend is ill, can't take are 7 it applies to 3517 Teasley Lane, which is a 1,8-are I of a yard and duplexes tndition illy don't have large S tract of land to pcmnit an additional two land uses, 9 yards. I think we need to offer some diversity In our 9 specifically a vckrinarian clinic with no outside runs to town because everyone is not looking for a large bouse 10 or pens and a nursing home of residence home for the I I on a large lot and 1 think we tw d to appeal to people I I aged, arid alter thr sign and bufferyord conditions. The 12 across the board, not just one soctiom 12 property is located on the east side of Teasey Lane 13 MA POWFLt. Mr. Chairman, 1. too, will vote l3 approximately 415 fat south of the Bent Oaks t4 for it because 1 believe some of us white-haired folks 14 Subdivision. At this time I'll open the public hearint is would rather have a smaller lot. t S Mr. Reed will provide the staff report. Sir, 16 MR. ENOEI.BRECAT: MS. t7aa16 MR. REED shank you, Chairman F.ngelbrechL 17 Ms. cow;t LE: t, as I stated earlier. I will 17 this case may sound very familiar to the Commissien. Is not be voting In favor, It's cot because I'm I1 Back In April of this year Dove Crack came before you 19 anti-duplex, I think they're wonderful. 1 think 19 for an amendment to the acme condiions minus the 20 they're noc ssery. But I think we nood to face the N bufferyard for the five-acre zoning distArt located 21 mali.2 of our today's society and our economy that most it just to the north of tads site. As the vieWty map 22 of us ere a two-family car people, Both the Husband and 21 points r)UL, the site is a triangular lot located on the 13 the wire or the couple have can either to to to sc" 13 east aide of Teasley Lane just south of Bent Oaks Drive. 24 or to work and I think that we are doing a disservice by 24 'the property that I'm referring to, which is commonly 1S not providing enough parking for the people that will be 25 know" as Dove Creek Office Park r Office Conditioned Page 158 Page 160 1 using the transportation, So I'll be voting against I Zonirg Distri :t No. 55, came before you previously. 2 this just for that reason only. 2 You MCOM >ended approval for that to add the 3 MR. LNOELBRECHT: Any other discussion? Mr, 3 two land tees that the applicant is requesting to add to 4 Rishei. 4 this one and to change the sign provisions in it. And 5 MR. RISIIVU 1 fact like we've run Into this S we worked out rather. In gnat detail with the previous ' 6 type of subdivision before, The strocis 1'd like to we 6 request, exactly how the sign provisions should be 7 broader to be able to accommodate for the type of nuttily 7 amended. The sign provision amendments are consistent It that we have today. I ace &a as wmcuhing that a td It with those slightly different based upon the 9 of dose will be absentee owners, both sides will be 9 configuration of this lot, So I'm not gotng into any to ranted out. 1 think there's a need for this type of to more dctsil on that other than the sign ncemtsrendatloe i I housing. I'd like to we it developed in a broader h l for this partiodar one is slightly different flan the 12 spoctrutt with regard to more adcquste puking, more flow 11 previous oe. The previous one bad an I aterir public 13 of scrods, more on•strve and orf•street puking. I 13 road that was to be built or is to be built with the 14 think that we're looking for trouble in what we've got 14 platting of that property, This one is of a different 15 is a site dcvclopcd u this point in tune 15 configuration, more shallow and doesn't allow fr such a 16 MR. LNGELBRECHr: Anyone else? I will be 16 Conftgttrstion or an improvement to be made. 17 voting against the motion, as well. Primarily because l1 So on page S of the staff mom we dmtply 11 of the puking I'm not convinced this Is s good way to 11 talk about the amendment possibly being tIW in Wdoe 19 do this. Any other discussion? All in favor of the it to door signs referenced in the exlsthug ordinance that 20 motion raise your right hand. Opposed same dg,. 20 applies to tiler property, additional signs and f ! 21 MR. RISHEL: opposed. 21 regulations listed below should be allowed and we have 12 MS. GWRDIE: opposed. 22 wall signs, that one wall sign shall be alic," on a 13 MR ENGELEILEM: Opposed. Motion arties, 23 building. No wall sign ahalt be grata than 32 square N four to three. And. Commissioners, let take a five to 24 fag in total Ares. Monument sip%one monument dgo 15 10. If you could be back in seven, that would be good. 25 per tot. The previous we was tree monument 10 per PLANNING AND ZONING COMMISSION PJNB 9,1999 Page 137 • Page 160 36. t t F:1aAutcr&pi\LGL'Am Dotum nW& ATTACHMENT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO ORDRVANCE 87-i $9 TO APPROVE A CHANGE IN THE CONCEPT PLAN BY ADOPTING A DETAILED PLAN FOR 15,1 ACRES OF LAND WITHIN PLANNED DEVELOPMENT DISTRICT ONE HUNDRED TWENTY NINE (PD 129) LEGALLY DESCRIBED AS BEING 15,147 ACRES IN THE B.B.B. AND CR,R COMPANY SURVEY (ABSTRACT 186) IN THE CITY OF DENTON, DENTON COUNTY, TEXAS, LOCATED WEST OF STUART ROAD, NORTH OF WOLFTRAP DRIVE, SOUTH OF ASPEN, AND EAST OF LIDO WAY; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, (Z-99.034) WHEREAS, Greg Edwards, on behalf of Trans-Atlas Financial Inc., has initiated a request for an amendment to an approved concept plan by seeking approval of a detail plan for 13.147 gem within Planned Development District One Hundred Twenty Nine (PD-129); and WHEREAS, on June 9,1999, the Planning and Zoning Commission recommended approval of the requested detailed plan and amendment to concept plan; and WHEREAS, the City Council finds that the change In the zoning will be In compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the detailed plan for 15.137 acres of land within Planned Development I District One Hundred Twenty Nine (PD-I 29) described in Exhibits "A' and "B", attached hereto and incorporated by reference herein, is spproved, and thereby amending the concept plan approved in Ordinance 87.159, SECTION 2. That the City's official zoning map is amended to show the change in zoning district classification. SECTION 3. That the provisions of this ordinance as they apply to the i S,137 acres shown in the detailed plan herein tpproved, shall govern and control over any conflicting provision of Ordinance No. 87.159, but all the other provisions of Ordinance No. 87-159 not in conflict with such amendment, shall continue in force r.nd effect and shall apply to the district. SECTION 4. That a copy of this ordinance shall be attached to Ordinance No. 87.159, showing the amendment herein approved. ° ! l SECTION 5. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is 37. I a U F:'drndWvpa0L` 40ocumm1t'4Wk wa\WA'M.U Aa conviction, be fined a nun not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION That this ordinance shall become effective fount een (14) days from the date of its passage, and the City Secm4uy is hereby directed to cause the ca ition 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: ar .,A , l 38. 1. 1 i 0 i c: i I EXHIBIT A I 15,147 Acre Olympia Creek Court Addition FIELD NOTES to all; that certain tract oE.land situated in the B.B.B. and C.R.R, Company Survey Abstract Humber 186 in the City of Denton, Denton County, Texas and being a part of the called Tract I, 15.1366 acre tract described in the Deed from universal Development Corporation to M. T. Akhavisadeh, Trustee recorded to Volume 2004 Page 760 Of the Rial Property Records of Denton County,Texasl the subject tract being more particularly described as follower BEGINNING for the host Vssterly Southwest Corner of the tract being described herein at a called iron rod at the most Westerly Southwest Corner of the amid 13.1366 acre tractl THENCE North 00 Degrees 56 Minutes 26 Seconds Vest with the West line of the said 'eract a distance of 260.94 feet-to a called iron rod for the Northwest Corner of the said 13.1366 acre tract in the South line of a drainage channel as shown on the plat thereof recorded in Cabinet B Slide 387 of the Plat tecords of the said county) THENCE North 73 Degrees 13 Minutes 19 Seconds East with the South line of the said drainage channel a distance of 592.48 feet to a called iron rod at the beginning of s curve to the right having a radius of $50.32 feet) THENCE in a Southeasterly direction along the are of the said curve and the South line of the said ehanael an are distance of 510.14 feet (chord bearing of South 78 Degrees 13'Minutes 53 Seconds East a distance of 492.08 Jett) to a celled iron rod at the and of the said curvet THENCE South 40 Degrees 22 Minutes 29 Seconds East with the North line of the said 15.1366 acre tract a distance of 101.98 feet to a called iron rodl THENCE South 51 Degrees 41 Minutes 03 Seconds East coptinuing with the said North line a distance of 238.44 feet to a called Iron rod for the Northeast Corner of the'said 13.1366 acre tractl THENCE South 00 pegtees 09 Minutes 37 Seconds Vest with the East line of the said 15.1366 acre tract and the Vest line, of the Village Phase i an addition In the City of Denton as shown on the plat thereof recorded is Cabinet I Slide 241 of the said Plat Records a distance of 321.73 feet to a called iron rod at' the Southeast Cprmtr of the said 15.1366 acre tract fin the North line of Wolftrap Drive'l THENCE South' 85 Degrees 43 Minutes 22 Seconds West with the North line of the said drive a distance of 24.53 feet to a called iron rod at the beginning of a curve to the left having a radius of 316.21 feet) THENCE in a Southwesterly direction along the are of the sold curve and the North line r of the said drive an are distance of 119.50 feet (chord Dearing South 74 Degrees S3 A Minutes 47 Seconds hest a distance of 318.79 feet) to a called Iron rod at the most Southerly Southeast Corner of the said 15.1366 acre tract, sold iron rod also being in a curve to the right having a radius of 330.00 feet) THENCE In a Northwesterly direction along the are of the said curve an are length of 54.84 feet (chord bearing of North 17 Degrees 26 Minutes 49 Secondo West a distance of 34.78 feet) to a celled from rod at the Northeast Corner of the Villago Miss, IV as shown on the plat thereof recorded In Cabinet D Slide 35 of the said plat Ascordsl 39. r ~I r Page 2 THENCE South 88 beareas 39 Minutes 31 Seconds Vest with the North line of the said Phase IV and ,the South .line of the said IS J366,ecre tract a dlstaace of 429.11 feet to s called IF" rod At ,the .east Soptharly Southues't,Co'rnsr"pf the said, 15:1 6 sera . tractl ' . THENCE North 01 Degrees 20 minutes 29 Seconds Nut vtth the West line of the said 15.1366 acre tract a distance of 237.10 feet to a called Iron rod at a re-opgri<nt corner of the said tractl THENCE South 89 Degrees 43 Minutes 19 Seconds Nest with the south line of the said tract a distance of 312.36 feet to the PLACE Of BEGINNING and enclosing 13.147 acres of laud. Thies yield Notes were prepared from record inforeation only. -Michael J. Kern R,P.S- No. 4158 D to 86447jd3 ,~tt£ .....rffi' .,w 158 ~•h~ S OF O 40, 1 sr ~i~r - "mot y oe y1 _ 1 _ ~-~~iAe~ 3ro / '1~fA~ T!A• 11f1i . .1 \\~--I'^i~-"' / _y 71/LL ~y rNJ1, ,l ♦ \/rr ~i I Itil r ~ ~ { eats ~ ♦ • ~ - ~ - ~ s. i Yak. . ~ yrlt~'a• ♦ • ~ - v ~ Tf'A' 1 1 ' 1 1 MINN. _o.r _r-rw ~rr wrr er}r~ rr snr 7m .~y+. 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Y~1f. ~M1.YIa .YY11M.4 ,~j'MnV~4.M r WS'R ilam Anr•i~~~'ti :„wsl~w~±: '~lw°u ~i'~Iw.p.ur r tl wv Iw..na~e AIM^ F ~~.1..~ 01 .e~~-r){r ai 1010!liOFJIIOp ~yM~♦~~~w.ax pll 2i A'. .M~ F ~A~ I.^ ~wp IV wp MII M p Ot Z-99-434 a rC r. .i J, Wall M ,i ~~k✓~~,~~ ~,i~.t ~,Y ~ +y, r.~. ~ ~ jai e Photo 1. BALBOA COURT 7.-99-034 Photo 2. LIDO WAY Z-99.034 I. J• Photo 3. Southeast Corner of Bell and Locust J I Z-99-034 a 77 Inn .e sf%~S t` Photo 4. 1 , i il,lu,l „ fl? li, !n t!r tin ~ !f (iitri) to Olymp i(i Str{?t"t Z-99-034 r !i ~r 'weY.d:-ty~yy hs 1 3 1 Pry r Pik r T"' yy11 ' ~ p f ` ~ 1 `rFwS~i i i7rV xa~M ,'i Y1y . 1~ j+ Ili 1 1 ~ tx'1' Photo 5. Looking west from drainage area. J i h•Nmf 2Wrd K-F ~ 1 i.. 1111VQ MR•1 YL M6~ IWIf ~«N r t t fl wF Add J .r' Yf~t Y11Y 11 " nYs~1 1 ' 10, 17 It y 174 " [1W .•a a T., N1" 9 ' to EEr91 l r'• 1• tl 'Y4TL3 w ~ I _ f ~r1" ZI Yt / • ~ w 14 W rv / w 4y WWI 6 . i1} J • "I'rd"r'L ~ ~ "PARL" I 77 7 40 / ~p A ~ Y "'t111F"rZ II 37 - Y $A . 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DRAM/ AAI - 1 YM~V;Y 10f IFp.tA01 Af fJNbrG lK 10' C"ICXIO: dI r Cr 14i[ "AFO Y IIAf/ D AOlJMiYq rrr Itt AN /CAL/ r k0% IAD~AAC : V Lo cD f M AN AND xAh"m IV 1 1'./Q ryry 01 r IMINIT! LIA4 ff~ a, { t I Agenda Noa12- AGENDA INFORMATION SHEET Aptndahem_~- Date 9-r°-- AGENDA DATE: July 20,1999 DEPARTMENT: Planning Department CM/DCM/ACM: Rick Svehla, 349.771,/ SUBJECT -Trinity Meadows (A•84) Hold a public hearing and consider adopting separate ordinances to annex and zone a 75.71 acre tract located on the south side of McKinney Street and directly opposite of Trinity Road, presently in the City of Denton's ETJ. A. Consider adopting an ordinance on second reading to involuntarily annex the subject 75.71 acre tract; to approve a service plan for the annexed property, to provide a severabiiity clause and to provide for an effective date. This is the second reading of the ordinance. The Planning and Zoning Commission recommended approval (7.0). B. Hold a public hearing and consider adopting an ordinance to zone the sur+ject 75.71 acre tract to an Agricultural (A) zoning district. The Planning and Zoning Commission recommended approval (7.0). BACKGROUND C.H.M. Park, Inc. is proposing to develop a 337 (rental) lot manufactured home park (MHP) on the subject property. The 80.741 acre site is partially inside the City :)f Denton. Approximately , 5.031 acres along McKinney Street are Inside the city limits, whiia the remaining 75.71 acres are in the extra-territorial jurisdiction of the City of Denton (see Attachment 3). The proposed MHP Is designed to be wholly within the ETJ, providing the city with only subdivision regulation of the development. The developer has been proceeding with subdivision procedures, As a developmcnt in the ETJ, zoning regulations do not apply. The proposed subdivision design provides for lots that do not conform with the minimum requirements of Chapter 32 of the Code of Ordinance. The development of the Trinity Meadows manufactured home park %41 require several public improvements. A preliminary list of these improvements Includes: 1, Extersion of Trinity Road (proposed arterial) along the western properly line. 2. Right-of-way dedication along McKinney Street (F.M. 426) and the proposed arterial. 3. Sidewalks along McKinney Street (F.M• 426) and the proposed arterial. I 4. Extensions of water and sewer lines. 5. Storm water drainage Improvements. / V N 6. Installation of fire hpdrants. 7. D,xiication of public utility easements. 1. rJ 'Vv Rr nA rnAa .yLV9 dw i <f P pnn•1 R ' 1 ~ i t u 1 The proposed development if built would be subject to the land dedication portion of the Pa.-k Dedication Ordinance (Ord. 98-039). A fee in lieu of dedication would be required for the subject property, equal to the pre-development value of 2,33 acres of the tract, during the platting proceaa. The developer would be required to pay the fees at time of release of the final plat, The proposed MHP would be exempt from the park development fees of the Park Dedication Ordinance, because it would be located in the ETJ. If it were within the City, park development fees would be collected &Ang the building permit stage equal to $187 per unit, If it were completely built-out as proposed, total fees for park development would equal $63,019 (337 units x $187 per lot). In accordance with the City's annexation policy plan, approved in June 1993, the City will "assess on a case by case basis the annexation cf areas in the ETJ when significant developments are proposed." An annexation Sc Mce Plan has been prepared for City Council and public review during the annexation process (the Service Plan is an exhibit of the annexation ordinance). The capacity of infrastructure such as water, waste water, streets and electric service and services such as police, fire, recreation, and general government are evaluated with respect to the proposed annexation. PRIOR ACTIONURRVIEW April 6, 1999 - City Council received a report, held discussion and provided staff with direction regarding the annexation of the subject 75.7) ^cre tract. April 20, 1999 - City Council conducted the first of two public hearings concerning the annexation of the subject 73,71 acre tract. May 11, 1999 - City Council conducted the second of two public hearings concerning the annexation of the subject 75.71 acre tract, June 1, 1499 - City Council conducted the first of two readings of the annexation ordinance. , June 9, 1999 - Planning and Zoning Commission recommeded approval of boot the annexation (7.0) and the temporary Agricultural (A) zoning district classification and use designation (7.0). I FSTIMATE.D PROJECT SCHEDULE This Is the second of two readings of the ordinance to be conducted by City Council concerning this annexation, The schedule is consistent with the requirements of State law, This Is also the required public hearing regarding the zoning ordinance. F'ISC'AL, INEOR111ATJQjvj F At i' None at this time. I r r -r rn1„.rr r,,! Hn'u., 9d ,!.v 2. I' c- kf PAZ SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval of both the annexation (7.0) and the temporary Agricultural (A) zoning district classification and use designation (7-0). ATTACHMENTS I. Location Map 2. Vicinity Map 3. Zoning Map 4. Utilities Map S. 300 Foot Not ice Map 6. Denton Mobility Plan Map 7, Annexation Schedule 8. Draft Ordinance- Annexation 9. Draft Ordinance - Zoning 10. Planning and Zoning Commission Minutes for A-84, June 9,1999. Respectfully submitted; - L I NV Mar Donaldson Assistant Director of Planning and Development Prepared by: Wayne ed, Planner I s t , 1 ATTACHMENT 1 NORTH A-84 (TRINITY MEADOWS) 1 I~ 1 1 , ~t~r k , e of 33 LOCATION MAP 1 Agenda Data: April 20, 1M Sale: None a. 1 i _ l t~ it L ATTACHMENT 2 NORTH A-84 (TRINITY MEADOWS) Fl pYAN :N H Gy ~a:{ Ito fT VICINITY MAP I Agenda Deb; June 9, 4@99 Mic. None 5. F u ATTACfIMENT 3 NORTH A-84 (TRINITY MEADOWS) i 7•\ t .♦f .I ~~y,~1 1 Iff{IYia~v I 1 r`yd Irr ~ +i .~I I p i Is 1 e ~ ~ Iwo f ♦ ~ f'}S~ j t I\ a t`I w I A 16 If w i ~rrWl w I'fj1i'I 1 ' j 1 r r T rl ZONING MAP r r I Agenda Date: Apfif 20, 1999 ltlc None 6. 1 . U 1 ATTACHMENT 4 H A-84 (TRINITY MEADOWS) I ' VWI ~r 4: SITE ,m T BUM R' [h FOOT 9 7-7 0 t - 200.500 FOOT NOTICE MAP i~. A Agenda Dale: June 9, 1999 94al.: None 7. t ILL ATTACHMENT 5 H A-84 (TRINITY MEADOWS) Oil :fib " ~ • ♦ai .wa• 'E f , J If { SITE EXISTING UTILITIES MAP Hydrants • - ' Water Line (W. L.) - • ' - Setaer Line (S. L.) , F ~ f ! rr~ Electric Line (E. L.) Agenda Date: April 20,1999 8 Scale: None . ATTACHMENT 6 NORTH A-84 (TRINITY MEADOWS) i y , I }g ,ti r~~"~•; fit, VAVAW M1 '.t~, r x i t p DENTON MOBILITY PLAN MAP Freeways I Primary Major Arterials Secondary Major Arterials Collectors (A~~ Agenda Date: April 20, 1999 Scp lo: None 9. ' c c i ATTACHMENT 7 INVOLUNTARY ANNEXATION SCHEDULE: TRINITY MEADOWS (A414) e"weexay:a', ions Saturday, April 10"' Notice published in Denton Record-Chronicle for first City Council public hearing concerning annexation. Tuesday, April 20"' City Council conducts first public hearu+Q. • Public notice must be no less than 10 days and no more than 20 days before public hearing. ❑ Annexation Sfudy prepared and available for public review. ❑ Service Plan prepare) and available for public review. Saturday, May 1a0 Notice published in Denton Record-Chronicle for second City Council public hearing concerning annexation. Sunday, May 2nd Notice published In Denton Record-Chronicle for Planning and Zoning Commission public hearing concerning annexation and proposed zoning. Tuesday, May 11"' City Council conducts seond public hearing. • Public notice must be no less than 10 days ahd no mare than 20 days before public hearing. Tuesday, June 1't City Council by a four-fifths vote institut-~a annexation proceedings. First reading of annexation ordinance, • Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sunday, June 61' Publication of annexation ordinance with service plan in Denton Record-Chronicle. Wednesday, June 9"' Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and proposed zoning. + Public notice must be no less than 10 days before public hearing. Sunday, July 4" Notice published In Denton Record-Chronicle for City Council public hearing concerning annexation and proposed zoning. • Public notice must be no less than 15 days before public hearing. Tuesday, July 20'h City Council by a four-fifths vote takes final action. Second ' > Ati reading and adoption of the annexation ordinance. City Council considers approval of zoning request. • Council action must be more than 30 days after publication of ordinance and less than 90 days after council Institutes annexation proceedings. t 1 t; 1 ATTACHMENT 8 , ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 75.71 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET AND IS DIRECTLY OPPOSITE OF TRINITY ROAD IN THE COUNTY OF DENTON, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A-84) WHEREAS, the City of Denton wishes to extend its city limits line to annex 75.71 acres of land described herein; and WHEREAS, on June 9, 1999, the Planning and Zoning Commission recommended approval of the petition for annexation; and WHEREAS, public hearings were held in the Council Chambers on April 20, 1999, and May 11, 1999, (both days being on or after the 406 day but before the 20'h day before the date of the institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on June 1, 1999; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on June 13, 1999, after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; and WHEREAS, O e G'ity Council finds that the annexation will be in compliance with the 1988 Denton Development Plan, the 1998 D,.i.'on Plan Policies, and the 1999 Growth Management Strategics and Plan; NOW, THERF''ORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the tract of land described in Exhibit "A", attached herein and incorporated by reference, is annexed to the City of Denton, Tex as. SLCTIONII. Tkat the service plan attached as Exhibit "B", and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approved as p.,m of this ordinance. { ; . c SECTION III: Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be its purpose to annex to the City of Denton all the real property described in Exhibit "A" regardless of whether any other part of the described property is hereby effectively Page I of 2 11. a annexed to the City. If any part of the real property rnnexed is already included within the city limits of the City of Denton or within the limits of any i ther city, town or village, or is not within the city of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were not expressly described in this ordinance. SECTION IV: That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the _ dayof,_ ,1949. JACK MILLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROU I Y, CITY ATTORNEY BY: 'i 1 M Page 2 of 2 ]2. EXHIBIT A A-84 (TRIM fY MEADOWS) 75.71 acres ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT No. 1330, DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND DESCRIBED IN A DEED TO WELDON BURGOON, DATED FEBRUARY 6, 1979, AS RECORDED IN VOLUME 936, PAGE 827, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCIBED AS FOLLOWS: BEGINNING AT A POINT ON THE PRESENT CITY LIMITS LINE AS ESTABLISHED BY ORDINANCE No. 86429, SAID POINT LYING ON THE EAST LINE OF SAID BURGOON TRACT, 250 FET SOUTHWEST OF AND PARALLEL TO THE CENTERLINE OF FM 426 (MCKINN£Y STREET); THENCE SOUTH 03° 56' 40" WEST WITH THE EAST LINE OF SAID BURGOON TRACT, A DISTNACE OF 2972.86 FEET TO A POINT FOR CORNER AT THE NORTHERNMOST SOUTHEAST CORNER OF SAID BURGOON TRACT; THENCE SOUTH 58° 21' 36" WEST WITH A SOUTH LINE OF SAID BURGOON TRACT, A DISTANCE OF 667.70 FEET TO A POINT FOR CORNER AT THE SOUTHEAST CORNER OF SAID BURGOON TRACT; THENCE NORTH 86° 40'95" WEST WITH THE SOUTH LINE OF SAID BURGOON TRACT, A DISTANCE OF 355.31 FEET TO A POINT FOR CORNER AT THE SOUTHWEST CORNER OF SAID BURGOON TRACT, SAME BEING A CORNER OF THE PRESENT CITY LIMITS AS ESTABLISHED BY SAID ORDINANCE No. 86-129; THENCE NORTH 034 40' 45" EAST WITH THE WEST LINE OF SAID BURGOON TRACT, SAME BEING THE PRESENT CITY LIMITS AS ESTABLISHED BY SAID ORDINANCE No. 86.129, A DISTNACE OF 4210.17 FEET TO A POINT FOR CORNER ON THE PRESENT CITY LIMITS LINE AS ESTABLISHED BY SAID ORDINANCE No. 86.129, SAID POINT LYING 250 FEET SOUTHWEST OF AND PARALLEL TO THE CENTERLINE OF FM 426; THENCE SOUTH 40° 43'58" EAST, 250 FEET SOUTHWEST OF AND PARALLEL TO THE CENTERLINE OF FM 426, WITH THE PRESENT CITY LIMITS AS ESTABLISHED BY SAID ORDINANCE No. 86.129, A DISTANCE OF 861.57 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE WITH SAID CURVE TO THE RIGHT, 250 FEET SOUTHWEST OF AND PARALLEL TO THE CENTERLINE OF FM 426, WITH THE PRESENT CITY LIMITS AS ESTABLISHED BY SAID ORDINANCE No. 86429, HAVING A CENTRAL ANGLE OF 17° 19'07", A RADIUS OF 1291.74 FEET, AN ARC LENGTH OF 390.45 FEET, A CHORD WHICH BEARS SOUTH 49. 23'32" EAST, A DISTANCE OF 388.96 FEET ! TO THE POINT OF BEGINNING AND CONTAINING IN ALL 75.71 ACRES OF LAND. i 13. I',I t EXHIBIT B ANNEXATION SERVICE PLAN CASE NUMBER: A•84 (Trinity Meadows) AREA: 75.71 acres LOCATION: On the south side of McKinney Street (F.M. 426), south of Trinity Road.in Denton's extraterritorial jurisdiction (ETI). I Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule: j i A. Police Protection L Police service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. B. Fire Protection ' 1. Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. C. Solid Waste Collection L Solid waste collection service will be provided to the properly within sixty (60) days after the effective date of the annexation using existing personnel and equipment. 1 D. WaterAVastewa(er Facilities 1. Maintenance of water and wastewater facilities in the area to be arr.,_ed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using exist' ig personnel and equipment F. Roads and Streets 1. Maintenance o' --)ads and streets, including road and street lighting, in the area to be annexed will begin within sixty(60)days after the effective date of the annexation using existing personnel and equipment, F. Parks and Recreation Facilities r 1. Maintenance of parks, playgrounds, .wirtuning pools, slid other recreational facilities in r A the area to be annexed will begin within sixty (60) days after the effective date of the + t,. annexation using existing personnel and equipment. However, there are no existing parks, playgrounds, swimming pools, and other recreational facilities in the area. 14. ~ G i I I I II ANNEXATION SERVICE PLAN (A-84) Trinity Meadows G. Electric Facilities 1. Electric utility service will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment, It. Library Services 1, Library services will be provided within sixty (60) days after the effective date of the annexation using ex trig personnel and equipment. 1. Code Enforcement, Il ih. Ia Inspections and Consumer Health Services 1. Code enforcement, bull... 'vsections and consumer health services will be provided within sixty (60) days after th,, . •7ective date of the annexation using existing personnel and equipment. J. Planning and Development Services 1. Planning and development services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipmem, The Planning and Development Department currently prov d:s services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. K. Capital Improvements Program (CIP) The CIP of the city is prioritized according to the following guidelines: (l) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of providing a specific facility or improvement The annexed area will be considered for CIP improvements in the upcoming CIP plan. This property will be considered according to the established guidelines. w r t, I5, ` t V AueE' 10L*Al)xu blddinwnm%" ATTACHMENT 9 I I I Y { ORDINANCE NO. _ I AN ORDINANCE OF THE CITY OF DFNTON, TEXAS, INITIALLY DESIGNATING TO AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND U2 DESIGNATION FOR 75.71 ACRES OF LAND IN THE CITY OF DE NTON. TEXAS, LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET AND DIRECTLY OPPOSITE OF TRINITY ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (A•84, TRINITY MEADOWS) WHEREAS, on April 6, 1999, City Council received a report, held a discussion and then directed staff to proceed with involuntary annexation of the 75.71 acres described herein; and WHEREAS, the property to be annexed requires a zoning district classification and use designation upon its annexation; and WHEREAS, on June 9, 1999, the Planning and Zoning Commission recommended approval of the proposed Agricultural (A) zoning district; and WHEREAS, on July 20, 1999, the City of Denton involuntary annexed 75.71 acres of land described herein vhich was made effective upon its passage; and WHEREAS, the City Council finds that the proposed zoning will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth j Management Strategies and Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DFNTON HEREBY ORDAINS: SEC11ON 1. That the zoning district ctassification and use designation of the 75,71 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is hereby Agricultural (A) zoning district under the comprehensive zoning ordinance of the City of Denton, Texas. SCION 2. That the City's official zoning map is amended to show the zoning district j classification. i SECTION 3. 71wt say person violating any provision of this ordinance shall, upon conviction, be f4ned a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. $ Wit= 4. That this ordinance shall l emme effective fourteen (14) days from the date k of its pas Age. and the City Secretary is hereby directed to cause the caption of this ordinance to be eublished t%ice 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. 16. i U i . PASSED AND APPROVED lhie the _ day of. ,1999. j i JACK MILLER, MAYOR ATTEST: JENNIFER WAt TERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FOIu HERBERT L. PROUTY, CITY ATTORNEY BY: ~G4 ' r4vC~ i i t (fir` Page 2 of 2 11. 1 EXHIBIT A A-84 (TRINITY MEADOWS) 75.71 acres ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT No. 1330, DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND DESCRIBED IN A DEED TO WELDON BURGOON, DATED FEBRUARY 8, 1979, AS RECORDED IN VOLUME 936, PAGE 827, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCIBED AS FOLLOWS: BEGINNING AT A POINT ON THE PRESENT CITY LIMITS LINE AS ESTABLISHED BY ORDINANCE No. 86.129, SAID POINT LYING ON THE EAST LINE 07 SAID BURGOON TRACT, 250 FET SOUTHWEST OF AND PARALLEL TO THE CENTERLINE OF FM 426 (McKINNEY STREET); THENCE SOUTH 0' 56' 40" WEST NTH THE EAST LINF. OF SAID BURGOON TRACT, A DISTNNCE OF 2972.86 FEET TO A POINT FOR CORNER AT THE NORTHERNMOST SOUTHEAST CORNER OF SAID BURGOCN TRACT; THENCE SOUTH 58° 21' 36" WEST WITH A SOUTH LINE OF SAID BURGOON TRACT, A DISTANCE OF 667.70 FEET TO A POINT FOR CORNER AT THE SOUTHEAST CORNER OF SAID BURGOON TRACT; THENCE NORTH 86° 40'25" WEST WITH THE SOUTH LINE OF SAID BURGOON TRACT, A DISTANCE OF 355.31 FEET TO A POINT FOR CORNER AT THE SOUTHWEST CORNER OF SAID BURGOON TRACT, SAME BEING A CORNER OF THE PRESENT CITY LIMITS AS ESTABLISHED BY SAID ORDINANCE No. 86.129; + THENCE NORTH 030 40'45" EAST WITH THE WEST LINE OF SAID BURGOON TRACT, SAME BEING THE PRESENT CITY LIMITS AS ESTABLISHED BY SAID ORDINANCE No. 86429, A DISTNACE OF 4240.17 FEET TO A POINT FOR CORNER ON THE PRESENT CITY LIMITS LINE AS ESTABLISHED BY SAID ORDINANCE No. 86.129, SAID POINT LYING 250 FEET SOUTHWEST OF AND PARALLEL TO THE CENTERLINE OF FM 426; THENCE SOUTH 40° 43' 58" EAST, 250 FEET SOUTHWEST OF AND PAPALLEL TO THE CENTERLINE OF FM 426, WITH THE PRESENT CITY LIMITS AS ESTABLISHED BY SAID ORDINANCE No. 86.129, A DISTANCE OF 861,57 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE WITH SAID CURVE TO THE RIGHT, 250 FEET SOUTHWEST OF AND PARALLEL TO THE CENTERLINE OF FM 426, WITH THE PRESENT CITY LIMITS AS ESTABLISHED BY SAID ORDINANCE No. 86.129, HAVING A CENTRAL ANGLE OF 17° 19'07", A RADIUS OF 1291.74 FEET, AN ARC LENGTH OF 390.45 FEET, A CHORD WHICH BEARS SOUTH 49° 23' 32" EAST, A DISTANCE OF 388.96 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 75.71 ACRES OF LAND. 1A. i t Planning and Zoning Conunission Minutes ATTACHMENT 10 June 9, 1999 Page 3 of 6 i Section 34-114(5) for perimeter street pe ft. (V-99006) Motion by Susan Apple and seconded by Salty Rishel to recommend Yppmvel to City Council. 'Discussion of item is Included in Court Reporter's transalpl attool'W to this set of minutes (Page 4 1 Motk%n carries fr2 Carol Ann Ganzet and Bob Powell opposed, b Consider approval of the pf*ninary f of Lots 1 and 2, Block 11 of #,e Laramie Addition. The property Is zoned Single-Famity 7 (SF-7). The proposed ups is two (2) single-family residential lots. tPFP-99.087, Laramie Addtion, Kathryn Nils) Motion by Sally Rishel and seconded by Susan Apple to approve. 'Discussion of hem Is Included In Court Reporters transcript attached to this set of minutes (Page 18). Motion carries 7A. PUBLIC HEARINGS - ZONSNO CHANQE 10. Hold a public hearing and consider making a recommendation to City Council regarding the Fry Street Small Area Plan. Motion by Susan Powell and seconded by Carol Ann Ganzer to recommend approval to City Council. 'Discussion of item Is included In Court Reporter's transcript attached to this set of minutes (Page 23). Moion carries 7-0. it. Hold a public hearing and consider recommending approval to City Council the involuntary annexation of 80.741 acres and a temporary Agricultural (A) zoning district classification and use designation for such property. The subject property is located on the south two of McKinney Street and Is directly opposite of Trinity Road. (A-84, Trinity Meadows, Wayne Reed) I Motion by Sally Rishel and seconded by Bob Powell to recommend approval of ft annexation to City Council 'Discussion of item is Included in Court Reporter's transcript attached to this set of minutes (Page 64), Motion carries 7-0. i Motion by Susan Apple and seconded by Bob Powell to recommend approval of the zoning to City Council, 'Discussion of Rem Is Included In Court Reporter's transcript attached to this set of minutes (Page 76), Motion carries 7-Q. 12. Hold a publlc hearing and consider recommending approval to City Council the involuntary annexation of 83.75 acres and a temporary Agricultural (A) zoning district classification and use designation for such property, The subject property Is located on the northwest comer of the Loop 288 and Stuart Road intersection. (A-85, Mesquite Meadows, Wayne Reed) 19. t Con&aaelt°1 Page 61 Pope 63 1 cuious as to what the time frame ;a. I.2 there any wry I apProwd, 2 we an make exceptions in the parking rules so that they 2 MR to sm they have to become an entity 3 em get on with their fives? I then? 1 MS. RAGtAND As a put of the plan there is 4 Ms. RAG[AND, Yet s an implementation worksheet. It's towards the back, l S MR ENGELBRECHT: Ms. Gourdle, did you have 6 believe page 61 or 62. And once the plan has been 6 another question? 7 adopted, we hope to pretty much stick to those data f-r 7 Ms. oomm: xo. It keeps 8 the different strategics. I, goes from 61 tinugh 61, I 1 MR. ENGHIBRBm. All right. Any other 9 do believe. 9 questions? There are none. Thank you. CommlWoners, !0 Ms. Gomm; okay. So do you lave any time t0 any cw+ %menb o'a motion? 11 frame? 1 mean, I'm just kind of curious. Is it going I I MR POWELL+ Mr. Chairmat, I move to I2 to take two wracks to get this M aarunendadoo to the city 12 recommend to City Council approval of the Fry SLxxs 13 Council? The City Council says 13 Small Area Plan. It Ms RAGLwi>. In tams of the plan itself, 14 MI OANM Second. 15 we're taking it next Tuesday for adoption. And then In is 4R ENGLI.6RFfHT1 R's been moved and 16 terms of the spaific strategic ` I believe the creation 16 seconded to rxommend approval. Any oiscwaton on the 17 of the special district we're looking at starting this 17 motion? 11 year, hopefully right away. But our expected 11 Ms. ows.Dw. can we just make sure dal 19 lmplememation date is 1999. 19 ohs, I'm sorry. I didn't push my butters, 20 Ms. c-mat SE: Let me ask you this. Ice there 20 Ms. APPLE: 1 Was just going to sea if we 21 any way that thex people Who want to expand 1 know 21 could add a friendly amendment to have that aentemce. 22 that they have to go to the Board of Adjustments and all 22 MR POwELL: Hooed to pate, I don't think 23 that stuff being that this Is going to be - if tads 23 we need it. As 1 understood the explanation, the 24 Is accepted, the City Council says, Sure, we think this 24 specific recommendations m ildn's happen Without an 21 is a great idea, is there any way they an go before 21 ordinance anyway. Page 62 Page 64 1 with the intent that this is going to happen and these 1 Ms. APPLE: Right. You were trying to be 2 people could get an ca ier variance happening or 2 safe, 3 something like that? 3 MR. ENGELSR.WH7': The ordinance has to come 4 xis. wxG1ANa I'm not sure about that. 1 4 back to us, 1 would think that they would have to actually have the 1 MR Powmu Yeah. I was thlnkiiy this was 6 ordinance cslablishod before they could actually go 6 one big ordinance, for lack of a better tern. 7 ahead. 7 MS. OWK0tE; I Was just going to say could 0 MS. GIXMDIF. I Was just trying to IM if 1 we just have the Council review what you've requested to 9 there wm a way to wiggle Through e' cause that them 9 make sure that that's ban reviewed. !0 poor people have to go through. Th. x you. AM 2 want 10 MR POWELL: Fine with me. I I to say you're doing a really good job. I'm to 11 MIL ENGEURMIT: All right Any orbs 12 impm&wd After seeing this for a year now, y'all did 12 discussioa? All In favor of the motion raise your right 13 greaL 13 band. Mcdon carries unatuimously. We are going to take 14 MR. ENGELbOUHT: conunissiorom, any other 14 a 10-minute break at this time. IS questions? Yen, Mr, Rishel, Is MR ExGELaRECIrf: All right ladies and mo' 16 MR. RISHEU Yes. I see that the parking I 17 waiving is one of the priority things as you have 17 gentlemen, Comolssiorten, I'll rtxomvene the meeting at 11 prioritized things so it's a primary recom endstioa I II this time. We'll move on to Agenda Item No. I1 which r 19 guess what 1 want to?" is what ML Gourdie asked was 19 Is to hold It public hearing and consider recommending 20 would all those things, once it's impte oted, would 20 approval to the City Cosneii the involuntary annexation ! r 21 that become automatic if implementation hs approved by 21 of $0.7 saes and a temporary Agricultural zoning 22 City Council? 22 elassifiatlon and use designation foe thlI property. 23 Ms, xAG1ANU No, beaux that's tied to the 23 The subject property Is located on the south side of 24 Fry Street xpxial district. As they've mentioned, we'd 24 McKinney Street and Is directly opposite Trinity bad. 21 have to write an ordinance and then it would have to be 23 At this time I'll open the public hang. Mr. Real PLANNING AND ZONING COMMISSION 1lM 9r 1999 Page 61 ' Par 64 20. r I Condemelt" Page 65 Page 67 i from the Planning Department will provide us with the 1 state seep, The proposod subdivision da* provide for 2 staff report and m-muna+datien. Sir. 3 lots that do not conform with the minimum Kdrt owls 3 MIL REED. ifiank you, Chaimwa Eryelbrecht 7 or Chapter 32, the Cade of ordinances. Would you 4 Red Canmiasioners. Good eveoh%g The annexation before 4 expound on that just a bit? They do not conform in 5 you tonight Involves 75.71 acme that Is located on the 3 sin? 6 with side of Trinity Road just across from - excuse 6 MR. REED r cannot tell you right now 7 me, on the south side of McKinney Street just across 7 exactly the exact dirfem not betw= their proposed lob 8 from Trinity R,*& This particular property, as the 8 and our requirements but staffs review of the lots when 9 vicinity map eter"strates, is just down the road from 9 the plat was proceodins, which Is now a ocivia of months to the Royal Oaks Whoel Estates Manufactured Home Park, io back since we've'aduslly rovkwed this in the I l frmn Ryan High School, and Clayton Fdtates Manufactured 1I Development RcvIcW Committee, Starr did notice that 12 Ham Park. It is in the m next to our existing City 12 there are many of the lots were either too narrow or not I3 limits which runs along its weatern property line. 13 deep coa* to accommodate our regulations for a 14 There [a a portion of this property which Is already t4 manufactured home park. It's trot to say all of them are 13 inside the City limits. it's approximately five acres 15 not to this standard. 16 end it's on the front of this property. We've annexing I6 MR. VGELBRF W: There doesn't 9= to be 17 only the back 75.71 acres. I7 any other questions A this time. Is the petitioner or I s We have postponed the public hearing for is petitioner's representative present? Is there anyone 19 this particulu annexation snd the following two public 19 In this particular ease the city is the petitioner and 20 heuirW for other annexations due to notice to property 20 so we would have now heard from the petitioner. And I 11 owners for the designation of zoning. Staff did do that 21 will ask Is there anyone presern who would like to speak 72 and in our mail-out we noticed am property owners, 22 In favor of this petition? Anyow present to speak in 23 who own property within 200 feet and arc within the city 23 favor of the petition? If you would please give to your 24 limits and sent out one courtesy notice, for this 24 name and address for the record, business address. 25 particular case we have received ao response. Then 2$ MR. Powmi Yes, s?r. My name Is Mack page 66 Page 68 1 are several public improvements associated with the I Powell, My present addrm Is 1110 Eta Highway 720 in 2 annexation or with the proposed development if It was 2 11rde Elm, Texas, on the east side of the county. I am 3 to proceed. Under City regulations if this property is 3 ■ manager of property fa Clayton Homes, Incorporatod 4 annexed in, a mmufactrred home park would be required 4 which is in the process of spending s lot of matey to 5 to aoquin a spociric use permit before It could 5 actually buy this property and then everything got kind 6 proceed. With that said, I'd be happy to answer any 6 of held up. Tonight I'm going to say that we're in 7 questions. 7 favor because we understand that annexation 11 not gobj 8 MR. LNGELBREM: commisslatten. Mr. s to slop. Thaws why I put on my comment card question 9 Powell. 9 marls on favor or against. If annexation is going to to MR. PowELL: t used my button. I want you 10 etiminate manufactured housing in the City limits of 1 I I to we that t I Denton, we're definitely against It But if am 6Adon 12 MR. ENGELBRMn: I got mitring here, 1 12 is going to get good controls to build good communities 13 appreciate the use. There it is. Okay. You're up 13 that manufactured housing an present for this City, 14 here. Yes, sir, 14 we're definitely In favor of it because we don't build 15 MIL POWELU sir, you said something that 15 trailer parks. 16 confused me a liuk. You Wd we're only annexing a 16 The City Council had asked for information 17 certain portion and describe that to me again and then 17 about the manufactured bousirs industry's building is tell me why. is standards, codes and things like this so tonight, J 19 MR. REED. okay. The property, there's a 19 because they asked for 1% we brought y'aIl a packet A, . , 20 total of 80 acres in this property. A portion of It, 20 that you would have an opportunity to loop at because 21 and It's the shiver along McKinney Street Is already 21 some people we to familiar what they're used to is 22 inside the City limits and that ems about rive acres. 22 the old wobbly bout, the traller, the toenedo magnate, 23 MR. POWELL itank you. 23 who knows what that my randmdher grew up In yaw ego, 24 MR. Et omekrom Any other questions? It 24 And there's diffeuooes now but also In being it City, 25 appears not. Mr, Reed, in the background there was a 25 there's differanoes in running communities instead of PLANNINO AND ZONING COMMISSION RM 9.1999 PRO 63 • Paw 68 21. ConaSeoatItnt Page 69 Page 71 t being slum lords. 1 know y'all don't want that and we 1 the annexation on June IA and rcconmtwdod approval, six 4 2 don't want it either. 2 to one vote. 2 On this particular property we're calking 3 MR. E7NGELS"XWr Mr. Rood, one question. 1 x about building a premium community. Clayton Estates 4 had a phone all with regard to the Issue of s just right up the road and down Is one of our s Notification In voh.otary annexation. Would you just 6 properties. We welcome anybody to look at it. 1 know 6 briefly describe that Process? What Is the City's 7 that our situation is with the Council, but the main 7 requirement with regard to official notification? a thing Is, is we will be coming back, if I understand the a t,M wm well, official notification, the 9 procedures. I'm not an engineer. I'm not a 9 State statute does not outline, like It does for zoning. 10 politician. I'm sorry, guys. 1 don't know all about 10 a clear requim=t for notice to the pro" owner. l I this stuff. But I do know we're going to ask for a 11 The City though is required to have a service plan, 12 special usage permit because if it is going in the City, 12 -AN -.h is more or lees a binding contract betwom the I2 that's fine and then we're going to ask fur reasonable 17 City and the property owner. The property owns has the 11 requirements to build a community. 'Chat's the reason 14 right to request from the City any type of agreements in 15 and the packets are for y'all. 16 there. The City has to provide hard end soft services 16 MR, ENOELBRWM: Commissioners, any 16 to any arts that it annexes. And in an Involuntary o questions for Mr. Powell? Thank you very much. 17 annexation procedure we have to provide the soft 1 a Mil POWELL! Thank you. Is awe icea rich as police, rue, and waste pickup within 19 MR. ENOELDRECHT: is there anyone else 19 60 drys and some others, as well. Otters such as road 20 present who would like to speak in favor of this 20 improvements, supply of water and waste water lines 21 petition? Anyone else present to speak in favor of the 21 occur when that property would develop and when 22 petition? In that case, is there anyone present to 22 appropriate in accordance with how other property of 22 speak in opposition to the petition? Anyone present to 27 similar development In the City b also provided those 24 speak in opposition? Since there's no opposition, the N savloes. 25 public hearing is closed. Mr. Reed, any final staff 26 So the State statute does not outline a Page 70 Page 72 1 remarks? 1 specific nodficWon process such as certified mail to 2 MR. REEtr Yes. Staff wouldjust like to 2 a property owner but it does require negotiations, if 2 make two points. The first is my earlier cortunrnts war 2 necessary, concerning a service plan. Howem, we are 4 not to Imply that the developer did cant want to provide a also making a motim for toning so that right dire s lots that conformed to our regulation but when they S tr ggered staff to do the certified mail to the property 6 initially started their platting process, there was no 6 owners, the subject property owner, as well as the 7 clear Indication as to whether or not they would be 7 surrounding property owners. I annexed. And so they are proceeding with guidelines, s MR. ENOELBRECIa: Okay. 9 their own guidelines for this particular park sitter vne 9 MR. REM Sorry for the long answer, 10 canna mtrul the design or a manufactured home park In 10 MR. ENOELSUCeT; No, that's rune. 1 guess i 1 the E71. itcy were simply acting in their Interest I I my question was did this initially go up just for 12 there. And as the gentleman just spoke, they'd be happy 12 involuntary annexation without the toning; therefore, 13 to comply with ours. 12 the property owner didn't nocessardy get notified or 14 The second point is the recom mendstion that 11 throe In the area? I5 staff is looking for from the Planning and Zoning Is MR, REED: Right. They were refuted 16 CommIsslon tonight Is two-fold. A simple recommendstioo 16 through staff tonvt:raations with them. They wore 17 either for approval or not for approval for the 17 clearly told of the proposed annexation. We simply did 16 annexation and a second motion for the zoning 1 a not mail them a letter. So if you want to distinguish i 19 designation. And that could be done separately. 19 between what type of notirtcatim they were given, we 20 Ma. ENGELBAEM; All tight. Cornmissloners, 20 an talk about that. 21 any questions f« Mr. Rood? Ms. Octurdie. 21 MR. wouancf2To okay. AU right. Fine. 22 Ms. oot"IE: is the zoning designation an 22 Any other questions? Thank you. Oh, I'm sorry, Mr. 23 $UP7 22 Moreno. I'm watching my screen tonight, folks. 24 MR AEED: No, the toeing designation would 24 MR Mow*. am somewhat confused. is a 23 be Agricultural. City Council did look at this case for 25 manufactured home park allowable in on Agricultural PLANNING AND ZONING COMMISSION AJNH 9, 1 999 Page 69 • Page 72 22. r 1 , Coodentelin' { Page 73 Page 75 1 zoning district? I MR. POWELt: I have a comment I've 2 MR Rum, With a specific use permit, in 2 seconded a motion. I'm going vote rot It. I thinic it's ; 3 oc: City limits there ate four xooing districts that 7 needed fora lot or nxsoru But I'm bat to tellyou 4 would allow a manufactured borne park to be located if s 4 that the wad on the street, the common oonoept of why S specific use permit is attained. That would be $ the City Is doing this is to block the development, that 6 Agricultural, MF-I, Commercial, and W ht Industrial, 6 they're zoobV it purposely so that they an block the 7 MIL MORENO,, But the SUP request Is mot 7 development of any kind or manufactured homes In Denton, t before us this evening? I Texas, 1 don't know if it's I'm just telling you 9 MA REEM That is correct 9 that that's what everybody assumes and we'll have to see 10 MR ENOELBRECER: Any other questions? 10 do" the road whether it's true of not. 1 hope it's not I 1 Thanll you. Okay, Comnididows, any comments of a 1l because 1 think we do nod a plug for blue collar 12 motion? I believe we'll need two, one with regard to 12 people to live, We can't all live in S 100,000.00 homes. I3 annexation and one with regard to wning. Mr. Wshel. U And it's about time the City seriously considers really 14 MR RISHEL: What 1 would like to make Is a 14 allowing manufactured borne developments within the city, 15 motion to approve involuntary annexation or 73.71 acres 15 With that I'm prepared to vote whenever everyone else 16 tract located on the south aide of McKinncy Street and to Is, 17 directly opposite Trinity Road. 1 don't know how far 17 MR E4GELDREM: Any other discussion? I I6 you want me to go Into this. There was no motion that is would just simply ask that when and if any one of these 19 was previously 19 uses comes back for zoning, the staff would plate 20 MR ENGELBRECHT I think the question would 20 bring the numbers with regard to the number of 21 he that you would want to make a recommendation for 21 manufactured homes that are already in existence in 22 annexation 22 Denton and Its EY1. And some or that I know what 33 MR RISHEU Involuntary annexation. Think 23 I've seen the data within the last year with regard to, 24 you. 24 relative to INs City. relative to others in tents a 23 MR. POWELL: III second it, 23 proportion or the number of housing and I think that Page 74 Page 76 1 MR ENGELBMCHT: Moved and seconded to I it's not necessarily fair to suggest that Denton poet 2 recomrr>L•nd Council proceed with involuntary annexation. 2 not allow manufactured housing. We have t large 3 Discussion? Ms. Apple. 3 proportion of it in Par City and ETJ relative to other 4 MS. APPLE 1 jUSt have a C0111o , L I'll be 4 cities and I belitwe that we have been Allowing it in 5 voting in favoror this. But [would alsolike to note S the past. Any other comrttenls? All in favor of the 6 that l would hope that since the intended use of this is 6 motion please raise your right hand. Motion Carries 7 for a manufactured home development that that would out 7 unanimously. I get lost down the way in the proaas and that this t Item 12 then is to hold a public hearing 9 annexation would not be used as a mans or disallowing 9 consider rocommending to that when that would come beforo us. ID MR. REED: One second. I I MR ENowmmca Any other discussion on I I MS. OOURDIE: We need to do the second half, 12 the nation? Yes, Ms. panne. 12 MIL ENGELBRPCHT: I'm sorry. We have !I I3 MS. GANua: on our Agenda and on our backup a another item. Yes, thank you. We have the zoning. Is 14 then: arc two different sixes or acreage. The Agenda 14 there a motion with regard to zoning? 15 says 80.741 and this says annex or 73,7 d acres in the 15 MS. APPLE: I'll move to wommend a zoning 16 backup. Id elassirantiom of Agricultural for the previous use, 17 MR. ENGELBRECHS: i believe that we 17 W023 is correct me if I'm wrc", Mr. Rod, we're recommending It MR. POWELL: 5000nd. 19 annexation on 75-plus acres and roning on 80 acres, part 19 MR RFED, No, that would be A•84. 20 of It's already in the City limits. 20 MS. APPLE: A•84, ThAAS. / 21 MS. GA LER: Okay. 21 MIL l; FLBRECHT: For the entire 80.74 22 MR. Ran.. That would be corral. Scary for 22 acres? 2) staff s misprint of the acreage there. 23 MR. REED: No, actually - I'm sorry 24 MS. GANZE& All right. Thad YOU, 24 75.7 1, AS Is already designaled. 25 MS ENGELBRECH7' Mr. Povroll, 25 MR WOELBRECkfr': alt's on the etc rive' hANNINO AND ZONINO COMMISSION JUNB 9, 1999 Page 73 • Page 76 23. 8 I f taoedeosclt`" Page 77 Page 79 1 Okay. All right. I'm sorry. It's ban moved and t development plot approved by the Deotoo Canty. How 2 seconded to recomlneod Agricultural waing. Any 2 dues this fit in there? 7 discussion on the motion? All In favor raise your right 3 au REEM 7419 particular response was 4 band. Motion carries unaahaptaly. Thank you fa 4 deco to me today so. haven't tad it completely 5 ocerecti 5 .a}selfI, it is my unNxstanding in talking with Steve 6 Now, to move on to lien 12, bold public 6 Rollins, the Director of Pianning for Denton County, 7 Haring consider recommending approval to the City 7 that aria the developer came to the Davloptneat Review B Council for the involuntary annexation of 83.75 acres 8 Committer of the City of Denter. for one review of a 9 and it temporary Agricultural zoning classification and 9 preliminary plat, they did not prooeod with platting 10 use designation. The abject property is located on the to with us, which they ultimately have to do. Instead wbat l i northwest corner of loop 288 and the Stuart Road I 1 they have done is gone through the County to get the 12 Intcrsattion. And, again, the City is the petitioner in 12 County's approval In the mind act that once the County 13 this am so 1 will open the public bearing Ind we'll 13 signs off on it, that do would then come to us and 14 ask Mr. Recd from the Planning Department to provide w 14 show vestedoon. That's not to make any difference bete I s with the staff report, petitioner's repot and the staff 15 or there as for as whet we're considering tonight. 1 16 reconnnendction all at one time. 16 believe that's what that right thee is referencing, 17 MR. TEED 7fank you, The abject property 17 RIs. oouRntE: so when she says that the 18 imt we are now talking about conomIng annexation and IS intended use of this property would berorne ooacanfarndtig i9 a motion for designation of an Agricultural wning 19 with the City's Zoning Regulations, that has no bearing 20 district Is located In the north part of town just on 20 be ruse 4's two different entities? 21 the north side or Loop 288 and the west side of Stuart 21 Ma. REED: well, the use would have to gain 22 Road, As the vicinity map demmWata 16.55 acres of 22 ■ specific use permit 7bey'd bave to apply for one. 73 this property is located Inside the City and Is Zoned 23 MR. ENOELBRECtrr; Any other questions, 24 Agricultural at present The remaining 81.75 acres is 24 Commissiocers Mr. Recd, this will trigger the 20 25 located outside of the City limns in the Err. The 25 percent rule? Page 78 Page 80 i proposed development is to place a manufactured home I MR REEm. Actually, it does. 2 park on this 83.75 acres that Is located outside of the 2 MA DONALDwN: prom the content of the 3 City, 3 letter I'm led to believe that they represent 100 4 'fhe Ivopoeed development would require 4 percent of the land proposed for the zoning so that 5 several public improvements. The City staff does not 5 would trigger it 6 have a detailed site plan so we cannot provide more 6 MR. v*tt.sREcHT; And that's with regard to 7 specific information on what those public improvements 7 the rening. it wuuld entail nor can in the staff report did we 8 MR. REEIE And they would also represent 20 9 irrdicate what that would mean as for as park dedication 9 permit of the land surrounding the property that's to and the park development fees as we did In the previous to within the City limits, as well, since there's 16.55 I I one because we bad a proposed to count 1 I acres that Is not part of the annexation, as this right 12 in this particular case staff did notify six 12 bee dcmonotrates The way we would calculate the 29 13 property owners who WCM within 200 fat utd owned the 13 percent Is everything that's within this red fine and 14 property inside the City limits, I have handod you the 14 Inside the City limits and everything that's yellow is 11 response from the abject property owner and that Is ■ 15 more or less the land area in opposition, So It's both 16 msponse expressing opposition. We notif ed one 16 ways. 17 supposod resident within 500 rect. And, again, doff 17 MR. DONALDSON; Annexation requb" iI would staff recommends approval of the annexation is aper-trsrjority anyway. r , 39 rnntion here and then also staff would moruatld approval 19 MR. REED: RILL I'm talking about the 20 of the Agricultural wning district desngnatrom. I'll 20 tornirtg f fr 21 be happy to answer any questions. 21 MR t71GU UHT: Okay. There doesoIt 22 Ma. ENOELBRECHT: Ms. Opudic. 22 appear to be any other questions at this time? Thank 23 Ms. COMME; I'm just curious, I've Bever 23 you. Ica there anyone present who would like to speak in 24 seen this before. It states that an Agricultunh zoning 24 favor of this petition? Anyone present to speak In 25 designation for this property is cot ooaddertt with the 25 (over or the petition? In that ease, is there anyone PLANNING AND ZONiNO COM USSION JUNB 9. 1999 PRge 77 ' Fags 80 24. t 1 I 1 ^2 AGENDA INFORMATION SHEET AgendaRo. qq. asnda nem_ ,~2L.. 11 Data .A%10• g3_ AGENDA DATE: July 20, 1999 DEPARTMENT: Planning Department FN CiNI/DCM/ACM: David Hill, 349-8314 1 SUBJECT -Mesquite Meadows (A-85) Hold a public hearing and consider adopting separate,irdinances to annex and zone an 83.75 acre tract located on the northwest comer of Loop 288 and Stuart Road intersection, presently in the City of Demon's ET1. A. Consider adopting an ordinance on second -coding to involuntarily annex the subject 83.75 acre tract; to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. The Planning and Zoning Commission recommended approval (6-1). B. hold a public hearing and consider adopting an ordinance to zone the subject 83.75 acre tract to an Agricultural (A) zoning district. The Planning and Zoning Commission recommended api roval (6-1). BACKGROUND Leaping Leopard, LTD. is proposing to preliminary plat the subject property as two parcels. Lot is the 16.55 acre parcel lscaled within the city limits. That lot is currently zoned Agriculture (A). Lot 2 is the remaining 83.75 acres located in the ETU, providing the city with only subdivision regulations within that portion of the subdivisio-. The proposed manufactured home park (MHP) would be located on this portion of the pror.,rty. As such, the city would have no control over the land use (zoning) or design standards of Cie proposed development. Development of Mesquite Meadows SHIP will require several public improvements. A preliminary list of these improvements includes: 1, night-of-way dedication along Stuart Road. 2. Right-of-way dedication for proposed collector road. 3. 01site improvements to Sluert Road. 4. Stuart Road will be disconnected from loop 288 requiring a cultic-sac. 5. Sidewalks along all street frontages including Loop 288. 6. Extensions of water and sewer lines. 7 Storm water drainage improvements. r S. installation of fire hydrants f A~ 9. Dedication of public utility casements. The proposed MHP would be subject to the land dedication portion of the Park Dedication Ordinance (Ord. 98-039). A fee in lieu of dedication will be required for the subject property, equal to the pre-development value of tract, during tho platting process. The developer would be 1 r 1 i required to pay the fees at time of release of the final plat. The proposed MHP would be exempt from the park development fees of the Park Dedication Ordinance, because it would be located in the ET). If it were within the City, park development fees would be collected during the building permit stage equal to $187 per unit. In accordance with the City's annexation policy plan, approved In June 1993, the City will "assess on a case by case basis the annexation of areas in the ETJ when significant developments are proposed." An annexation Service Plan has been prepared for City Council and public review during the annexation process (the Service Plan is an exhibit of the annexation ordinance). The capacity of infrastructure such as water, waste water, streets and electric service and services such as police, fire, recreation, and general government are evaluated with respect to the proposed annexation, PRIOR ACTIO"EVIEW April 6,1999 -City Council received a report, held discussion and provided staff with direction ~ regarding the annexation of the subject 83.7$ acre tract. April 20,1999 City Council conducted the first of two public hearings concerning the annexation of the subject 83.75 acre tract, May 11, 1999 - City Council conducted the second of two public hearings concerning the annexation of the subject 83.75 acre tract. June 1, 1999 - City Council conducted the first of two readings of the annexation ordinance, June 9,1999 - Planning and Zoning Commission recommeded approval of both the annexation (6- 1, Gourdie opposed) and the temporary Agricultural (A) zoning district classification and use designation annexation (6.1, Gourdie opposed). ESTIMATED PROJECT SCHEDLts_8 This is the second of two readings of the ordinance to be conducted by City Council concerning this annexation. The schedule Is consistent with the requirements of State law. t This is also the required public hearing regarding the zoning ordinance. FISCAL INIFOR.'NAT10N None at this time, At I 2 u P&Z SUGGESTED UCOM_MENDATION The Planning and Zoning Commission recommends approval of both the annexation (6.1, Gourdie opposed) and the temporary Agricultural (A) zoning district classification and use designation (6-1, Gourdie opposed). ATTACHMENTS 1. Location Map 2. Vicinity Map 3. Zoning Map 4. Utilities Map 5. 500 Foot Notice Map 6. Denton Mobility Plan Map 7. Annexation Schedule j S. Drafl Ordinance - Annexation 9. Drafl Ordinance - Zoning 10. Planning and Zoning Commission Minutes for A•95, June 9, 1999. Respectfully submitted: Mark Donaldson Assistant Director of Planning and Development Prepared by: Wayne eed Pianncr11 f~ 3 ATTACHMENT 1 NdRTH A-85 (MESQUITE MEADOWS) err>a 4 r~ w r aPPPPPP i'Y' ` SITE r y Ikk ; I r. r rr~~ ~ k , a t I I LL r ~ 1 r ' E Rr ~I... : i LOCATION MAP Agenda Dab. Apri 2D, 1999 hloAs ATTACHMENT 2 NORTH A-85 (MESQUITE MEADOWS) r 7-- 9jpS;;qq fzf + f 'Zt n4 jv SITE ,6 06 auYr ~ - vy: t is Lk'L :x.4 f r Y fir' i 1' 'Y S`*~x.• \ Cw+ VICINITY MAP r` Agenda Data: May 12, 1999 dcala: Norte S. I ~ i 4. i 1 ' ATTACHMENT 3 i NORTH A45 (MESQUITE MEADOWS) j A A I¢ A SITE r ' ~ I aRYrtT , t, 1 -rLr --10110 ( _ 1031 e Ch A I .,'r,~., pt = 1071 10p 1 101 - T \'A - 101161\~t0-I,'~' 1''. I I -i- AI 1060 1O14AX W •~-ri I Tr I q~ t 1060 i iM714 LL. ZONING MAP i Agenda Dale: kAl 20, 1 999 Scala. None ATTACHMENT 4 a NORTH A-85 (MESQUITE MEADOWS) J N SITE $ i e I LLP- Qp J V EXISTING UTILITIES MAP 4 Hydrants Water Line (W. L.) • • Sewer Line (S. L.) ' EWcWc Lino (E• L.) Sate: None Agenda Datr. April 20 1999 7. i= c. . ATTACHMENT 5 NORTH A$5 (MESQUITE MEADOWS) I F7 Affmm! r 7 I -r ' r tiF w,r FreR SITE ~ ~ FFER f J M 200.500 FOOT NOTICE MAP ~I , r Agenda Dab: June 9, 1999 kale: None s. ATTACHMENT 6 NORTH A•$5 (MESQUITE MEADOWS) i i SITE .I . erurar W Ott y " n . 77 i DENTON MOBILITY PLAN MAP Freeways Primary Major Arterials Secondary Major Arterials Collectors i,. Agenda Data: April 20, 1999 !kale: None 9. 4. ATTACHMENT 7 INVOLUNTARY ANNEXATION SCHEDULE: MESQUITE MEADOWS (A•85) Re'l"d Miry }Q^, JV7V Saturday, April 10"' Notice published in Denton Record-Chronicle for first City Council public hearing concerning annexation. Tuesday, April 20" City Council conducts first public heari, a. • Public notice must be no less than 10 days and no more than 20 days before public hearing. o Annexation Study prepared and available for public review, o Service Plan prepared and available for public review, Saturday, May 1" Notice published In Denton Record-Chronicle for second City Council public hearing concerning annexation. Sunday, May 2nd Notice published In Denton Record Chronicle for Planning and Zoning Commission public hearing concerning annexation and proposed zoning, Tuesday, May 11'" City Council conducts second public hearina, • Public notice must be no less than 10 days and no more than 20 days before public hearing. Tuesday, June 1" City Council by a four-fifths vote institutes annexation proceedings. First readi g of annexation ordinance • Action must be more than 20 days after the second public hearing but less then 40 days from the first public hearing. Sunday, June 6t" Publication of annexation ordinance with service plan in Denton ' Record-Chronlcle, Wednesday, June 81h Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and proposed zoning. • Public notice must be no less than W days before public hearing, Sunday, July 41h Notice published in Denton Reoord-Chronlcle for City Council public hearing concerning annexation and proposed zoning, • Public notice must be no less than 15 days before public hearing. Tuesday, July 20'h City Council by a four-fifths vote takes final action. Second e` reading and adoption of the annexation ordinance. City Council ! /r e considers approval of zoning request. • Council action must be more than 30 days after publication of ordinance and less then 90 days after council Institutes annexation proceedings, 30. r t V ATTACHMENT 8 I ORDINANCE NO. _ I AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 83.73 ACRES OF LAND CONT IGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED ON THE NORTHWEST CORNER OF THE LOOP 288 AND STUART ROAD INTERSECTION IN THE COUNTY OF DENTON, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A•85) WHEREAS, the City of Denton wishes to extend its city limits line to annex 83,75 acres of land described herein; and WHEREAS, on June 9, 1999, the Planning and Zoning Commission recommended approval of the petition for annexation; and WHEREAS, public hearings were held in the Council Chambers on April 20, 1999, and May 11, 1999, (both days being on or after the 40'~ day but before the 20'% day before the date of the institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance &t o meeting of the City Council on June 1,1999; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton an June 13, 1999, aflcr annexation proceedings were instituted and 30 days p.ior to City Council taking final action, as required by City Charter; and WHEREAS, the City Council finds that the annexation will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategics and Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION i, That the tract of land described in Exhibit "A", attached hereto and incorporated by reference, is annexed to the City of Denton, Texas. SECTI.QN 11, That the service play attached as Exhibit "B", and incorporated by reference, which provides for the extensio.. of municipal .services to the annexed property, is approved as part of this ordinance. , 4w c, SECTION 111: Should any part or this ordinance be held illegal for any reason, the holding shall not affect the remaining por.ton of this ordinance and the City Crou iril hereby F' declares it to be its purpose to annex to the city of Denton all the real property described in Exhibit "A" regardless of whether any other part of the described properly Is hereby effectively Page I of 2 11. mom= u annexed to the City. If any part of the real property annexod Is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or Is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded atra were not expressly described In this ordinance, SECTION 1V: That thls ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the _ doyof._ ,1999, I JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: i APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: i t IOr \ Page 2 .tf 2 12. p EXHIBIT A 0 A-85 (MESQUITE MEADOWS) 83.760 acres All that certaln lot, tract or parcel of and lying and being situated In the Victor Geller Survey, Abstract No. 462, and the Thomas Toby Survey, Abs:.act No. 1288, Denton County, Texas, and being part of a tract of land described In a deed to Lando Limited Partnership No. 10 filed for record on 10118/1996, as recorded under County Clerk's File No. 96•R0074752 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point on the existing Denton city limits line as established by Ordinance No. 86-07, sold point being on the west line of sold Lando Limited Partnership No. 1 tract, lying approximately 450.00 feet, N 00' 06' 00" W of the southwest corner of •sid Lands Limited Partnership No. 1 tract, same being 600 feet north of and parallel to the centerline of Loop 288; THENCE North 00' 06' 00" West with the west line of sold Lando Limited Partnership No. 1 tract, passing the north line of said Thomas Toby Survey and the south line of said Victor Geller Survey, a total distance of 2493.00 feet to a point for corner at the northwest earner of sold Lando Limited Partnership No.1 tract; THENCE North 89' 25' 00" East with the north line of sold Lando Limited Partnership No.1 tract, a distance of 1442.40 feet to a point for corner lying 30.00 feet west of and parallel to the centerline of Start Road, and the northeast corner of said Lando Limited Partnership No.1 tract; THENCE South 00' 26' 00" East, 30.00 feet west of and parallel to the centerline of Stuart Road and the east line of said Lando Limited , Partnership No.1 tract, a distance of 1394.98 feet to a point for corner; THENCE South 00' 213' 00" W4st, 30.00 foot west of and parallel to the centerline of Stuart Road, a distance of 1141.69 feet to a point for corner on the existing city limits line as established by said Ordinance No. 82.7, sold point lying 600.00 feet north of and parallel to the centerline of Loop 266; THENCE North 88' 88' 03" West, 600.00 feet north of and parallel to the centerline of Loop 288, with the existing city limits line as established by sold Ordinance No. 82.71 a distance of 1448.50 feet to the POINT OF BEGINNING and containing in all 83.750 acres of land. 13. Q el 'I i i I EXHlerr 6 I ANNEXATION SERVICE PLAN CASE NUMBER: A•85 (Mesquite Meadows) AREA: 81.75 acres LOCATION: On the northwest comer of N. Loop 288 and Stuart R in Denton's extraterritorial jurisdiction (ETJ), Municipal services to the site described above shall be rumishod by or on behalf of the city of Denton, Texas, at the following let els and in accordance with the following schedules 1 A. Police Protection 1. Police set-vice, including patrolling, response to calla, and other routine functions, will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. B. Fire Protection L Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days aster the effective date of the annexation using existing personnel and equipment. C. Solid Waste Collection I, Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. D. Water/Wastewater Facilities 1. Maintenance of water and wastewater racilitics in the area to be annexed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days alter the effective dale of the annexation using existing personnel and equipment. F. Roads and Streets 1. Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. F. Parks and Recreation Facilltie+ I . Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. However, there an no existing parks, playgrounds, swimming pools, and other recreational facilities in the area, 14. L~ I ANNEXATION SERVICE PLAN (A-85) Mesquite Meadows G. Electric Facilities 1, Electric utility service will b provided within sixty (60) days after the efTective date of the annexation using existir,t personnel and equipment. 11. LibraryServices 1, Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. 1. Code Enforcement, Building Inspections and Consumer Health Services L Code enforcement, building inspections and consumer heaM services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment, J. Planning and Development Services 1, Planning and development services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. The Planning and Development D.partment currently provides services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. K. Caplial Improvements Program (CIP) The CIP of the city Is prioritized according to the following guidelines, (1) Provision of Capital Improvements as compared to other areas rill be based on characteristics of topography, land utilization, population density, magnitude of problems as related t,% comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of providing a specific facility or improvement. The annexed area will be considered for CIP improvements in the upcoming CIP plan. This property will be considered according to the established guidelines, w r As e a,. ,rw.„e 15. t i t V1sNicfdeptlt 0L*ur Docurmntu`Ur mmces 9"~A•/! ordiwue.rmlnr Av ATTACHMENT 9 a ORDNANCE NO, AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY DESIGNATING, TO AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 83.75 ACRES OF LAND IN THE CITY OF DENTON, TEXAS, LOCATED ON THE NORTHWEST CORNER OF THE LOOP 288 AND STUART. ROAD INTERSECTION; PROVIDING FOR A PENALTY IN THS MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (A•85, MESQUITE MEADOWS) WHEREAS, on April 6,1999, City Council received it report, held a discussion and then directed staff to proceed with involuntary annexation of the 83.75 acres descnibed herein; and WHEREAS, the property to be annexed requires a zoning district classification and use designation upon its annexation; and WHEREAS, on June 9, 1999, the Planning and Zoning Commission recommended approval of the proposed Agricultural (A) zoning district; and WHEREAS, on July 20, 1999, the City of Denton involuntary annexed 83.75 acres of land described herein, which was made effective upon its passage; and WHEREAS, the City Council rinds that the proposed zoning will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and P13n; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the zoning district classification and use designation of the 83.75 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is hereby Agricultural (A) zoning district under the comprehensive zoning ordinance of the City of Denton, Texas. 1 SECTION 2. That the City's official zoning map is amended to show the zoning district classification. " I SECTION 3. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance Is violated sha!l constitute a separate and distinct offense. SECTION 4. That this ordinance shall become effective fourteen (14) days from the date rr { of its passage, Anil the City Secretary is hereby directed to cause the caption of this ordinance to r f;. be published twice In the Denton Record•Chron£ele, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. I 4 i I i I 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: { 1 / r Page 2 of 2 17. EXHIBIT A A-06 (MESQUITE MEADOWS) 83.760 acres All that certain lot, tract or parcel of land lying and being situated In the Victor Oallor Survey, Abstract No, 4020 and the Thomas Toby Survey, Abstract No. 1238, Denton County, Texas, and being part of a tract of land described in a dead to Lunde Limited Pirtnorship No, Is filed for record on 1011811998, as recorded under County Cler'k's File No. 96.80074762 of the Reel Property Records of Denton County, Texas, and being mom particularly described as follows: BEGINNING at a point on the existing Denton city limits line as established by Ordinance No, 86-071 said point being on the west line of sold Lando Limited Partnership No. 1 tract, lying approximately 460.00 feet, N 00' 06' 00" W of the southwest comer of sold Lando Limited Partnership No. 1 tract, some being 600 feet north of and parallol to the centerline of Loop 288; THENCE North 00. 08' 00" West with thb t sat line of sold Lands Limited Partnership No.1 tract, passing the north line of sold Thomas Toby Survey and the south line of said Victor Oollor Survey, a total distance of 2498.00 feet to a point for coiner at the northwest corner of said Lando Limited Partnomhlp No.1 tract; THENCE North 89' 28' 00" East wlth the north line of said Lando Limited Partnership No.1 tract, a distance of 1442.40 feet to a point for corner lying 30.00 fast west of and parallel to the centorlins of Stuart Road, and the northeast corner of sold Lando Limited Partnemhlp No.1 tract; THENCE South 00' 26' 00" East, 30.00 het west of and parallel to the centerline of Stuart Road and the east line of sold Lando Limited Partnership No.1 tract, a distance of 1304.08 feet to a point for comer, THENCE South 00' 28' 00" West, 30.00 foot west of and parallel to the centerline of,Stuart Road, a distance of 1141.60 foot to a point for comer on the existing city limits line as established by said Ordinance No. 82.7, said point lying 800.00 feet north of and parallel to the centerline of Loop 268; THENCE North 88' 66' 03" West, 000.00 feet north of and parallel to the centerline of Loop 288, with the existing city limits line as established by said Ordinance No, 82.7, a distance of 1448.80 foot to the POINT OF BEGINNING and conteining In all 83,780 acres of land. f,. 1 i .faJ Afra sad Ioifm b.&c 18. ' Oki , r Planning and Zoning Commission Minutes ATTACHMENT 10 June 9, 1999 Page 3 of 6 Section 34.114(6) for perimeter street paving, (11•99.008) Motion by Sueen Apple and seconded by Salty Rishel to recommend approval to City Council, 'Discussion of Item Is Included In Court Reporter's transcript attached to this set of minutes (Pogo 8). Motion carries 6.2. Qarol Ann 0anzer and Bob Powellocoaed, b. Consider approval of the preliminary plat of Lots 1 and 2, Block 1 of the Laramie Addition. The property Is zoned Single-Family 7 (SF-7). The proposed use Is two (2) single-family residential lots. (PFP•99-087, Laramk Addition, Kathryn Nilsson) Motion by Sally Rishel and seconded by Susan Apple to approve. 'Discussion of hem Is Included In Court Reporter's transcript attached to this set of minutes (Page 16). Motion antes 7-0. PUBLIC HEARINGS -ZONING CHANGE 10. Hold a public hearing and consldor moldn0 a recommendation to City Council regarding the Fry Street Small Area Plan. Moron by Susan Powell and seconded by Carol Ann Ganzer to recommend approval to Clty Council, 'Discussion of Item Is Included in Court Reporter's transcript attached to thle set of minutes (Page 23). Motion Corrles 7.0, 111, Hold a puMc hearing and consider recommending approval to City Council the involuntary annexation of 80.741 auto and a temporary Agricultural (A) zoning district classlflcstion and use designation for such property. The subject property Is louted on the south aide of MoVinney Street and Is directly oppec?,a of Trinity Road. (A-84, Trinity Meadows, Wayne Reed) Motion by Softy Rishel and seconded by Bob Powell to recommend approval of the annexation to City Council. 'Discussion of Hem Is Included In Court Reporter's transcript attached to this set of minutes (Page 64). Motion carrtol 7-0, Motion by Susan Apple and seconded by Bob Powell to recommend approval of the zoning to City Council. 'Discussion of Rem Is Included in Court Repoise- Transcript attached to this eel of minutes (Pogo e 76). Motion carries 7-0. 12. Hold a public hearing and consider recommending approves to City Council the involuntary I r r annexation of 63,76 acres and a temporary Agricultural (A) zoning district claahiation and use designation for such property, The subject property Is located on the northwest comer of the Loop 288 one Stuart Road intersection. (A-86, Mosquito Meadows, Wayne Reed) 19, I t i. 1 Planning and Zoning Commisslon Minutes June 9, 1999 • Page 4 of 8 Motion by Elizabeth Gourdis and seconded by Salty Rishal to recommend approval of the annexation to City Council 'Discussion of item Is Included in Court Reporter's transcript attached to this set of minutes (Page 71). Motion carries 6-1. Carol Ann Gonzer opposed. Motion by Elizabeth Gourdte and seconded by Salty Rishel to recommend approval of the zoning to City Council. 'Discussion of Rem Is Included in Court Reporter's transcript attached to this set of minutes (Page 82), Motion cables &1. Carol Ann Genzgr opposed. 13. Hold a pu Inc hearing and consider recommending approval to City Council the Involuntary annexation 19.90 acres and a f amporary Agricultural (A) zoning district classification and j use designation for such property. The suNact property Is located on the south side of Edwards Road, approximaie'y 2,000 feet west of Swisher Road. (A-88, Lubbers Addition, Wayne Reed) Motion by Salty Rlshel and seconded by Bob Powell to recommend approval of the annexation to City Council. 'Discussion of Ham Is Included in Court Reporter's transcript attached to this set of minutes (Page 82). to'on carries 4.3. Carol Ann G g. r. Susan Ao a and Elizabeth Gourdis opposed. Mot on by Salty Rishel and seconded by Lob Powell to reromrnend approval of the zoning to CRY Council, 'Discussion of item Is Included In Cou, . 'teporter's transcript attached to this set of minutes (Page 94). Motion carries 4.3. Carol Arm Saner. Susan Apple and Elizabeth Gourdle opposed. 14. Top of the Hill Subdivision a. Hold a public hearing and consider recommending approval to City Council regarding a proposed voluntary annexation of 85.174 acres located south of Nowlin Road on the east side of FM 2181 (Teasley Lane.) generally opposite Hickory Crc,ek Road Ir 'ne extraterritorial jurisdiction of the City of Denton, Texas The zoning at the time of the annexation will be Agrk uhural (A). (A-83) Motion by Susan Apple and seconded by Salty Mahal to recommend approval to City Counci 'Discussion of Item Is Included In Court Reporter's transcript attached to this set of minutes (Page 93). Motion carries 7.0. b. Hold a public hearing and consider recommending approval to City Council regarding a proposed concept plan for a Planned Development (PD) zoning district encompassing 85.174 acres. The property Is located south of Nowlin Road on the east side of FM 2181 (Teasley Lane.) genitally opposite Hickory Creek Road In the extraterritorial jurisdiction of the City of Denton, Texas. At the time of 20. 1. c~ Condw6elt"` Page 77 Page 79 1 Okay. All right. I'm sorry. It's been moved and 1 development plat approved by the Denton County. How 2 seconded to recommend Agricultural toning. Any 2 does this fit In thee? 3 discussion on the motion? All in favor raise your,ight 3 MR. Kum that particular response wu 4 band Motion carries unanimously. Sbank you for 4 given to we today to 3 haven't read it completely S wrrecting roe on that last one, S myself. it it my understanding In Wking wily Steve bold public 6 Rollins, the Director of Planning for Denton County, 7 hearing consider recommending approval to the City 7 that after the developer coma to the Development Review 8 Council for the invelLintary annexation of 81.75 acrd 8 Committee of the city of Denton rot one review of a 9 and a temporary Agricultural toning classification and 9 preliminary plat, they did rot proceed with platting io use designation. The subject property is located on the 10 with us, which they ultimately have to do. Instead what 11 northwest corner or i.oop 269 and the Stuart Road I I they have done is gone though the County to got the 12 intersection. And, again, the City is the petitioner in 12 Cotmty's approval In the mind act that oboe the County 13 this case so 1 will open the public hearing and we'll 13 signs off on it, that they would then coma to us and 14 ask Mr. Reed from the Planning Department to provide us 14 show vestedness. That's not to snake any differcM here is with the staff mport, petitioner's report and the staff 15 or there as far u what we're considering tonal t 1 16 recommendation all at one time. 16 believe that's wbat that right there is referencing. 17 MR REED: Thank you, The subject properly 17 MS ootlR m so when she says that the le that we are now talking about conoeming annexation and i e intended use of this property world become nonconforming 19 a motion for desigtration of an Agricultural zoning i9 with the City's Zoning Regulations, that has no hewing 2tt district Is located in the north part of town just on 20 because it'a two difTerent entities? 2I the north aid,. of Loop 288 and the west side or Stuart 21 MR. Rum !veil, the use would have to On 22 Road. As the vicinity map demons+rates, 16.s3 acres of 22 a specific use permit They'd have to apply for one. 23 this property is located inside the City and is zotad 23 Ma E1MPI-BREM; Ally other questions, 24 Agricultural at present. The le mining 83.75 acres is 24 Commissioner Reed, this will triggerthe 20 2s located outside of the city limits in the tin the 25 percent rule? Page 78 Page 80 I proposed development Is to place a manufactured hots I MR. REED: Attuaily, it does. 2 park on this 83.73 acres that is located outside of the 2 MR. DDNAIDSW: From the content of the 3 City. 3 ietta I'm led to believe that dry represent 100 4 Tnc proposed development would require 4 pcrmt of am land proposed for the zoning so that s aneral public Improvements. She City staff does not 3 would trigger it 6 have a detailed site plan so we cannot provide more 6 MR ErtoLLBREom And that's with regard to 7 specific information on what dose public improvements 7 the zoning, 8 would entail not can In the staff report did we 9 MR. REED. And they would also represent 20 9 indicate what that would mom u far os park dedication 9 percent of the land surrounding the property that's 1o and the park development foes of we did In the previous 10 within the City limits, u well, since there's 16.53 i l one because we bad a proposed lot count, I I acrd that is not pad of the annexation, u this right 12 In this particular case staff did notify six 12 !arc demonstrates'Ibc way we would calculate the 20 13 property owners who were within 200 fad and owned the 13 percent is everything that's within this rod line and 14 property inside the City limit, I have handed you the 14 Inside the City limits and everything that's yellow is i s response rrom the subject property owner end that is a 13 Marc or lea the lane era In Opposition- So it's both 16 response expressing opposition. We notified one 16 ways. 17 supposed resl6ont within 500 feet, And, again, staff 17 Mrs WNALD60tr: Annexation mgWm 19 would staff recommends approval of the annexation I8 super-majority anyway, 19 motion here and then also staff would recommend approval 19 Mit REED, Right, I'm talking about the r 4 20 of the Agricultural zoning district ksignation. I'll 20 zoning. = t 71 be bboppy to answer any questions. I I MR. ENOEUREM: okay, Then doesn't 22 MR. ENOELDIVCHT: Ma, O3 J,- e. 22 appear to be any other questions at this time? 'ibank 23 Ms. GOURDIE: I'm just ctdious, I Ive raver 23 you, is there anycee present who would like to speak in 24 seen this before, It states that an Agricultural mnlrg 24 favor of this pcudoo? Anyone present to speak In 2s designation for this property Is not consistent with the 2S favol of the petition? In that cost, Is thee nyone PLANNING AND ZONIiNU COMMISSION JUNE 9,1999 Pepe 77 • Page 80 21. t L~ CondenseIlrA Page 81 Page 83 1 present to speak in apposition to the petition? Anyone l and a temporary Agricultural zoning district 2 present to speak in opposition? That being the case, 7 elssaifccation and use designation for such property. 3 the public bearing is closed. Rebuttal is walved. Mr. 1 The subjed ptgwty is located on the south aide of 4 Reed, any final remarks from staffs paroctive7 4 Edwards Road approximately 2,000 feet west of Swisher 3 Mx REED. No. S Road. And Mr, Recd will provide us with the staff 6 Mx ENGEI BREC1fr: Okay. COnlntladOnels, We 6 report, petitioner's report and Starr MOOmmt'ndatlol. 7 again will need to take this in two motions, one for the 7 At this time 1 will open the public bearing. 8 annexation and one with rgwd to the ='mg. Are them s MIL REED: Tbank you. The 19.802 sae tract 9 any comments or a motion? 9 here is located on the south side of Fdwards Road west 10 MS coda m 1 trove that we recommend to 10 Of Swisher Road,' and as a landmark I believe al l of you I I the City Council annexation of Agenda Item 99-023 which l I might recall the Preserve Development which wv a 12 is A•85. Thank you. 12 400-plus aye PD which was approved at the end of lad 13 MR. RISHEU Second. 13 year. That's located ever here. 1.33 is to the south. 14 Mx ENOELBPLECHT; it's been moved and 14 Again, we're talking about an annexation similar to the IS seconded to recommend involuntary and I'm assuming I s two previous rates that we just talked about. 16 you are recommending involuntary ennexation? 16 Several public improvements aaild be 17 Ms. GOL'R M Yea. 11 required with this smaller property if developed as I B Mx Ewouis Em Yes, discussion on tlr. 18 proposed, The property owner had proposed a I9-unit 19 motion? Ms, Oanzer. 19 manufactured )tome park on one lot Boring in the ET2 20 Ms. cA.NLER. I'm going to be voting agalnst 20 City has neither control over the design guidelines or 21 this motion. The last one the owners of the property 21 the ability to collect park development fees for this 22 were not in opposition to the annexation on that last 22 rcaidtmdd development At this time I'll indicate 27 one. On this one the owners of the property are opposed 13 that staff would recommend a recommendation for approval 24 to it and Cm not a person who's rally big in favor of 24 for A•86 for the annexation rod a recommendation for 13 involuntary annexation. I'm one of those people who 23 approval rot the designation of an Agricultural toning Page 82 Page 84 1 voted against the City ordinance, l mean, the charter I district for A•96. I'd be happy to answer any 2 change. It sectns you know, Mr. Powell brought this 2 questions. 0 up earlier, all throe of these involuntary annexations 3 MR ENOEI.BMECHT: Commisdorrers, any 4 have to do with mobile home parks. It looks a little 4 questions? Ms Gourdie, 3 fishy to rne, I'm going to be voting against it 3 Ms. 00l1RDIE: I WO Just curious, on ' a MR. ENGELB RECHT: Any other discussion on 6 manufactured housing don't they have guidelines in our 7 the motion? Mr. RAW. Okay, Anyone else? In that 7 books that they require them to bane open tpace, a 8 case, all in favor of the motion please raise your right / certain smourtt of open space anyway? 9 hand Opposed same sign. 9 Mk REED For anything that's located 10 kts, 00m: Opposed. 10 Inside the City. I I Mn. LNOELBRECH r: Motion carries. six to I I Ms. oamiE; so why would they be required 12 one. Do we have a motion with regard to the zoning? 12 to have to pay lark reel? Why would that be it I3 cats, ea'nDtE: I move that we recommend to l3 consideration, so to vesk, since they're already 14 the City Council slat the proposed waing for the tract 14 required by the ordinance to have open spaces? is A•85 be zoned Agricultural. I3 Mx REED Fled off, the manufactured home le Mx listim Second, 16 park chapter which is Chapter 32 of our Code of 17 Mx tmomu mCHT: R's boon moved and I7 Ordinances applies to manufactured hoar parks slut are i 8 seconded to recommend Agricultural zoning. Any I8 only Inside the City. Oohj to car Auk Dedication 19 discussion on the motion? All in favor raise ytwr right l9 Ordinam, that applies to property both Inside the City A r 20 hand. Opposed same sign. 20 and In our ETr. However, for any property touted in r' r 21 W. GANZER: opposed. 21 our Ell, only the park land dedication portion applies 22 Mil ENOELBrtECtrr: Motion carries, six to 22 or roes In lieu of, which would be the cue here bomm 3 one, Okay, we'll move on to 1 23 the dedication is less than five saes. However, the 14 p g con recomnwd r4 approval to the 24 psrk development tees associated with each will marmot 23 City Council of the involuntary annexation of 19.9 saes 23 be collected for development Lr tour est. 8o 1 was PLANNING AND ZONING COMMISSION AM 9r 1999 Pt14e 81 • Page 84 22. j Agenda No. 9 4 - o s AGENDA INFORMATION SHEET Agendaltem 02Z_ Data -2 -A g' It w AGENDA DATE-. July 20, 1999 DEPARTMENT: Planning Department CNIIDCM/ACTI: David Hill, 349-83141 SUBJECT - Lubbm Addition (A-86) Hold a public hearing and consider adopting separate ordinances to annex and zone a 19.602 acre tract located on the south side of Edwards Road, approximately 2,000 feet west of Swisher Road, presently in the City of Denton's ETJ. A. Consider adopting an ordinance on second reading to involuntari!Y annex the subject 19.602 acre tract; to approve a service plan for the annexed property, to provide a severability Clause and to provide for an effective date, The Planning and Zoning Commission recommended approval (4.3, Ganzer, Apple and Gourdie opposed). B. Hold a public hearing and consider adopting an ordinance to zone the subject 19.502 acre tract to an Agricultural (A) zoning district. The Planning and Zoning Commission recommended approval (4.3, Ganzer, Apple and Gourdie opposed). i (A.86) BACKGROUND Allen Lubbers is proposing to develop a 19 (rental) lot manufactured home park (MHP) on the ' subject property. At present, it is located in the extra-territorial Jurisdiction (ETJ) of the City of Denton, providing the City with only subdivision regulation of the development. The developer is proceeding with subdivision procedures. As a development in the ETJ, zoning regulations do not apply, The city would have no control over the land use (zoning) or design standards of the proposed development. Development of the Lubbers Addition manufactured home park will require several public improvements. A preliminary list of these improvements includes: L Right-of-way dedication along Edwards Road. 2. Perimeter paving along the frontage of Edwards Road. 3. Sidewalks along the frontage of Edwards Road. 4. Extensions of water lines. 3. Storm water drainage improvements. ' 6. Installation of fire hydrants.) 1, DMication ofpublic utility easements. 1, The proposed development if built would be subject to the land dedication portion of the Park Dedication Ordinance (Ord. 98-039). A fee in lieu of dedication would be required for the subject propel ty, equal to the pre-development value of 0.09 acres of the tract, during the platting process. The developer would be required to pay the fees at time of release of the final plat. The proposed MHP would be exempt from the park development fees of the Park Dedication Ordinance, becaus: it would be located in the ETJ. if it were within the City, park development fees would be collected during the building permit stage equal to $187 per unu. If it were developed as proposed, total fees for park development would equal $3,553 (19 units x $187 per lot). In accordance with the City's annexation policy plan, approved in June 1993, the City will "assess on a case by case basis the annexation of areas in the ETJ when significant developments are proposed". An annexation Service Plan has been prepared for City Council and public review during the annexation process (The Service Plan Is an exhibit of the Annexation Ordinance). The capacity or infrastructure such As water, waste water, streets and electric service and services such as police, fire, recreation, and general government are evaluated with respect to the proposed annexation. I PRIOR ACTIONIREVIE14' April 6, 1999 - City Council received a report, held discussion and provided staff with direction regarding the annexation of the subject 19.802 acre tract. April 20,1999 - City Council conducted the first of two public hearings concerning the annexation of the subject 19.802 acre tract. May 11, 1999 - City Council conducted the second of two public hearings concerning the annexation of the subject 19.802 acre tract June 1, 1909 - City Council conducts the first of two readings of the annexation ordinance, June 9, 1999 - Planning and Zoning Commission recommends approval of annexation (4.3, Ganzer, Apple and Gourdie opposed). and recommends approval of temporary Agri.ultural (A) zoning district classification and use designation (4.3, Ganzer, Apple and Gourdie opposed). ESTIMATED PROj'T 5CIIEDULE This is the second of two readings of the ordinance to be conducted by City Council concerning this annexation. The schedule is consistent with the requirements of State law, This Is also the required public hearing regarding the zoning ordinance. FISCAL INFORMATION None at this time. q 2 i I i I P&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval of both the uinexation (4.3, E Gamer, Apple and Gourdie opposed) and the temporary Agricultural (A) zoning district classification and use designation (4-3, Ganzer, Apple and Gourdie opposed). A ATTACHMENTS I. Location Map 2. Vicinity Map 3. Zoning Map 4. Utilities Map 5. 500 Foot Notice Map 6. Denton Mobility Plan Map 7. Annexation Schedule 8. Draft Ordinance - Annexation 9r Draft Ordinance - Zoning 10, Planning and Zoning Commission Minutes for A•86, June 9,1999. Respectfully submitted: ~~5 Mark Dona dson Assistant Director of Planning and Development Prepared by: I I Wayne eed Planncr11 4. '.11 Y it I ('rj4'q - ~nr! flo'd... :IJ VV J. 3. I Y c, . c, Y ATTACHMENT 1 NORTH A-86 (LUBBERS ADDITION) L` r^"; SITE A t ShKly9ha~ ' ilta i i LOCATION MAP v i Agenda DN.: April 20, Gosi , None 4, , Ci ATTACHMENT 2 NORTH A$6 (LUBBERS ADDITION) i e PICAN CR[[K ` IT AWWW p r~ Wl, ; f q ~ ~11fRN000 'I' i Wlt ~AyDI~ 1 ~ VICINITY MAP 4 1 A' v Agonds Data: Aprf120,1990 9"Ic None 5. Q . ATTAChMENT 3 NORTH A$6 (LUBBERS ADDITION) f _ - - - T PO N l A,~ -,5 PD 132 41 A ~owMroa 114J;• - PD 'f~2 i ~ - - 'a(c) A i IT A PO 102 I PD 17Qr/ I A PD 132 / `mil N'~f 1 A P0 12 po *at I ZONING MAP { { t (lr~ r Agenda Date. Apol 20, 1 M Salo, None 6 I i A i ATTACHMENT 4 NORTH A-66 (LUBBERS ADDITION) i. E~ cwt ~ . rt jkx h ~ .A 1 y Ir l Y ~'6C yY, 1t, .K ~ OWMOi ~ i idK' w~8ki SIT } + I< S ,y y t 4,~ t I I EXIST ING UTILITIES MAP I y Hydrants Water Line (W, L.) Saver Line (S. L.) Electric Line (E. L.) I ~ Agenda tats: April 20, 1999 kole: Nate 7. c. I ATTACHMENT 5 A-86 (LUBSERS ADDITION) NORTH I eowMOS w ( 8 200 FOOT BUFFER 1 fIfI.} I : ~0 FOOT BUFFER w 200.500 FOOT NOTICE MAP AgeMs Oatir June 9, 1999 s 8"16; None ATTACHMENT 6 A 4 NOnTH A-86 (LUBBERS ADDITION) I Fri I ~ . I ' . I ' i I EDWARD IT i i i i i i PKRu;z .i'A4l .R4..... i i ~g DENTON MOBILITY PLAN MAP N Freeways Primary Major Arterials Secondary Major Arterials , Collectors ' f Jr\ Agenda Date: Aprif 20, 1099 Scala: None 9. r, I ATTACHMENT 7 INVOLUNTARY ANNEXATION SCHEDULE: LUFBERS ADDITION (A-85) a.,a,fa May 2a",1v99 Saturday, April 10"' Notice published In Denton Record-Chronicle for first City Council public hearing concerning annexation. Tuesday, April 20"' City Council conducts first public hearing. Public notice must be no less than 10 days and no more than 20 days hifore public hearing. o Annexa:lon Study prepared and available for public review. o Service Plan prepared and available for public review. Saturday, May I" Notice published In Denton Record-Chronlcle for second City Council public hearing concerning annexation. Sunday, May 2n0 Notice published In Denton Record-Chronlcle for Planning and Zon!ng Commisslon public hearing concerning annexation and proposed zoning. Tuesday, May 11+' City Council conducts second public hearing. Public notice must be no less than 10 days and no more than 20 days before public hearing. Tuesday, June 16t City Council by a four-fifths vote Institutes annexation proceedings. Est teading of annexation ordinance. + Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sunray, June 6"' Publication of annexation ordinance with service plan In Denton Record -Chronlcle. Wednesday, June Planning and Zoning Commission holds a public hearlno and considers making a recommendation to the City Counci! regarding 1 the proposed annexation and proposed zoning. + Public notice must be no less than 10 days before public hearing, Sunday, July 4"' Notice published In Denton Record-Chronlcle for City Council public hearing concerning annexation and proposed zoning, Public notice must be no less than 15 days before public hearing. Tuesday, July 201h City Co incil by a four-fifths vote takes final action. 6econd r~' n reading and adoption of the annexation ordinance. City Council t'. considers approval of zonlnp request. + Councit action must bet. ;re than 30 days after publication of ordinance and less than W days after council institutes annexation proceedings. 10. ATTACHMENT 8 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 19.802 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED ON THE SOUTH SIDE OF EDWARDS ROAD, APPROXIMATELY 2,000 FEET WEST OF SWISHER ROAD IN THE COUNTY OF DENTON, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A-86) WHEREAS, the City of Denton wishes to extend its city limits line to annex 19.802 acres of land described herein; and WHEREAS, on June 9, 1999, the Planning and Zoning Commission recommended approval of th petition for annexation; and WHEREAS, public hearings were held In the Council Chambers on April 20, 1999, and May 11, 1999, (both days being on or after the 46h day but before the 20`h day before the date of the institution of the proceedings) to allow all Interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on June 1,1999; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on June 13, 1999, alter annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; and WIIEREAS, the City Council finds that the annexation will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth \ Management Slratcgies and Plan; NOW, THEREFORE Till: COUNCIL, OF THE CITY LF DENTON HEREBY ORDAINS; SEf,TION 1. That the tract of land described in Exhibit "A", attached hereto and incorporated by reference, is annexed to the City of Denton, Texas. SECTION 11. That the service plan attached as Exhibit "D", and Incorporated by reference, which provides for the extension of municipal services to the annexed properly, is approved as part of this ordinance, f SECTION III: Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaining portion of this ordinance and the City Council hereby declares it to be Its purpose to annex to the City of Denton all the real property described in Exhibit "A" regardless of whether any other part of the described property Is hereby effectively page I or 2 11. (3 1 annexed to the City. If any part of the real property annexed is already included within tho city limits of the City of Denton or within the limits of any other city, town or village, or is not within the city or Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were not expressly described in this ordinance. SECTION IV: That this ordinance shall become effective Immediately upon its passage and approval, PASSED AND APPROVED this the,,,_ day of , 1999, JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: I, I , Page 2 of 2 12. 1 U t I EXHIBIT A A40 (LUBBERS AOUII rON) 59.802 acres i WHEPEAS, ALAN LUBBERS his the owner of 'all that ceHatn tract of land situoltd in the G. Walker Survey Abstract Numb6r„1330, Denton Ccunty,'Toov.and'betfiq:'.•',: oil of the coiled 10.00 acre tract and all of lNe tolled 9.802 acre tract described in the deed from Doris Rae Cowart to Alan Lubbers recorded under Clerks File Number 96-R0069627 of the Real Property Records of Denton Cauhty, Texas; the sub}ect tract being more particularly described as follows; BEGINNING for the Northeast correr of the tract being described herein, at a 1r'2 inch iron rod found at the Northeast corner of the sold 9.802 acre tract and the Northwest corner of a called 21.903 acre tract described In. the deed from Doris Rae Cowart to David W. Mason recorded under Clerks File Number 95- R0080487 of the said Real Property Records in the center of Edwards Road; THENCE South 00 Degrees 21 Minutes 39 Seconds Cost along a wire. fence. with the West [ins of tie sold 21.903 acre tract' and the East line of the 9.802 acre tract a d4lance of 1328.19 feet to a' 1/2 inch Iron. red found at lhe'$obthsoit corner (hereof 3.8 feet Norih of a tente corner post; THENCE South 89 Degrees 19 Mlrutes 14 Seconds West with the South line of the 9.802 acre tract passing a 1l2 inch rod found at the Southwest corner. Nreof cAd the' Southeast cornci o}'th'e'iofd"111:00 `oue;i fiacl'~errd4'doh Ab(fi~ ' ' ' with the South line of the 10,00 acre tract, In all, o total. distonce o} 48 1'8 r feel to a 5/e Inch iron rod found at the Southwest corner thereof; I THENCE North 00 Degrees 28 Minutes 41 Seconds Weil with the West lint of the 10.00 acre (toot a d;stonce of 1336.22 feet to a 1/ I inch iron rod found at the Northwest corner lheroot on the South side of Edwards Road;., ?HENCE Scut'- 99 Dlgtees 58 Minutes 09 Seconds East with the North line of the '0.00 acts tract M4169 a 1112 inch iron rod found of the Northeast corner, thereof ord the Northwest corner of the 9.802 acre tract and contiru'Inq ,with, r the North tine of the 9,802 atrf tract, in all, a total distonce oI 648.92 !eb to the PONT OF W.GINNINts and enctosinq 19.802 acres of land. I Ado Ahrrs NAJ e01IRd,, be 1 3 I i F, c i I~ I I EXHIBIT B ANNEXATION SERVICE PLAN CASE NUMBER: A•86 (Lubbcrs Addition) AREA: 19 802 acres LOCATION: On the south side of Edwards Road west of Swisher Road in Denton's extraterritorial jurisdiction (ET1). Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule A. Police Protection 1. Police service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. B. Fire Protection 1. Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. i C. Solid WISte Collection 1. Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. J D. WaterM'astewafer Facilities ' i 1. Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days anct the effective dale of the annexation using existing personnel and equipment. E, Roads and Streets 1. Maintenance of roads and streets, including road and street lighting, In the area to be annexed will begin within sixty (60) days alter the effective dale of the annexation using existing personnel and equipment, F. Parks and Recreation Facilities 1. Maintenance of parks, playgrounds, swimming pools, and other recreational facililies In the area to be annexed will begin within sixty (60) days alley the effective date of the s . annexation using exiting personnel and equipment, However, there are no existing parks, playgrounds, swimming pools, and other recreational facililies In the area, 11. J t1 U ANNEXATION SERVICE PLAN (A-86) Lubbers Addition C. F.lectrlc Facilities 1. Electric utility service will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. If. Library Services 1. Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. 1. Code Enforcement, Building Inspections and Consumer Health Services L Code enforcement, building inspections and consumer health services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. J. Planning and Development Services 1. Planning and development services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. The Planning and Development Department currently provides services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. K. Capital lmprovementsProgram (CIP) The CIP of the city is prioritized according to the following guidelines: (t) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of providing a specific facility or improvement The annexCd area will be considered for CIP improvements In the upcoming CIP plan, This property will be considered according to the established guidelines, W AV l; F V~'.iu huh \,'IIL Y /51i V1 I:L ~ ~q Hl lri H' I r F.4hveQdepKAUOur naumrn6\0,dmuxa\99~A•66 Qrdinun•-^^+^- ATTACHMENT 9 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY DESIGNATING TO AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 19.802 ACRES OF LAND IN THE CITY OF DENTON, TEXAS, LOCATED ON THE SOUTH SIDE OF EDWARDS ROAD, APPROXIMATELY 2,000 FEET WEST OF SWISHER ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (A-86, LUBBEI%S ADDITION) WHEREAS, on April 6, 1999, City Council received a report, held a discussion and then directed staff to proceed with Involuntary annexation of the 19.802 acres described herein; and WHEREAS, the property to be annexed requires a zoning district classification and use designation upon its annexation; and WHEREAS, on June 9, 1999, the Planning and Zoning Commission recommended approval of the proposed Agricultural (A) zoning district; and WHEREAS, on July 20, 1999, the City of Denton involuntary annexed 19,802 acres of land described, which was made effective upon its passage; and WHEREAS, the City Council finds that the proposed zoning will be In compliance with the 1988 Denton Development Pian, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION 1. That the zoning district classification and use designation of the 19.802 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is hereby Agricultural (A) zoning district under the comprehensive zoning ordinance of the City of Denton, Texas. i SECTION 1 That the City's official zoning map is amended to show the coning district classification. SECTION 3. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTIQN 4. That this ordinance shall become effective fourteen (14) days front the dale r of its passage, and the City Secretary Is hereby directed to cause the caption )f this ordinance to f r t a be published twice in dw Denton Record-Chronlete, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. III 16. . t i. f PASSED AND APPROVED this the day of ,1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTYj CITY ATTORNEY BY: 1~Q~ l5 ti 4 i Page 2 of 2 17. `F i i II` f i EXHIBIT A A46 (LUBBERS ADUH i6N) 19,802 acne WHEPEAS, ALAN LUBBERS '19 the oYener of 'all that certain tract of land ehuakid In the G. Walker Survey Abstract Number.', 1330, Denton County, 'Toot • and being . oh of the called 10.00 acre tract and all of 111e called 9,802 acre tract described in the deed from'Oorts Roo Cowart to Alan Lubber@ recorded under`. Clerks rile Number 96-80069627 of the Reat Property Records of Denton ,C6uhty, Texas. the subject tract belrg'nlore particularly described as follows; BEGINNING for the Northeast correr of the track being described herein, al d 11'2 inch iron rod found at the Northeast corner of the sold 9.802 acre tract and the Northwest corner of a called 21.903 acre tract described In. the deed from Doris Rae Cowart to David W. Mason recorded under Clarke File Number 95- 80080487 of Ve said Real Property Records in the center of Edwards Rood; THENCE South 00 Degrees 21 , Minutes 39 Seconds East along 6 wire-fence with the West tine of the sold 2t.903 acre tract' and the East line of the 9.802 acre tract a distance of 1328.19 feet to 6 1;2 Inch iron-rod found at lihe'Soulhoait corner lhereV 3,8 feet North of a lance corner post; THENCE Sout4 89 'Degrees 19 Minutes 14 Seconds West with the South tine of the 9.802 acre tract passing a 1/2 inch rod round at the Southwest corner. thereof orld (hi' Sauthe6lt Lorrei of'th'e'sofd' 7 tt:00"acre it'lact'raf~d i'eoh~, trlul , with the South line of the 10.00 acre tract, In all, a total distance of 84611 feet to a S/P inch iron rod found of the Southwest corner thereof; ;,•r. THENCE North 00 Degrees 28 Minutes 4) Seconds Wait with the West One' of the 10,00 acre tract a distonce of 1336.22 feet to a 1/1 Inch Iron rod. found at t}e Northwest cother thereof on the south side of Edwards Road; THENCE Souti- 99 Dkgltes 58 Minutes 09 Seconds East with, the North line of the '0,00 acre tract oa/einq a 1/2 Inch Iron rod found aE the Northeas( corner thereof and the Northwest corner of the 9.802 acre tract and conttruing,with' 648.42 fe6 . the North tins of the 9,502 Otto tract, In all, a total dlstoree of to the POINT Or BEGINNING and 4nclosing 19.802 aeras of land. , Ar4SArMe cad &*mhdra tit. E ' t Planning and Zoning Commission Minutes ATTACHMENT 10 June 9, 1999 Page A of 6 Motion by Elizabeth Gourdie and seconded by Salty Rishel to recommend approval of tha annexation to City Council 'Discussion of Hem to included In Court Reporter's transcript attached to this set of minutes (Page 77). Motion carries 6-1 Carol Ann Ganzer oooosed. Motion by Elizabeth Gourdie and seconded by Salty Rishel to recommend approval of the zoning to City Coundt. 'Discussion of item Is Included In Court Reporter's transcript attached to this set of minutes (Page 62). Motion carries 8.1, Carol Ann Gonzer ocooled. F old a public hearing and consider recommending approval to City Council the Involuntary nnexation 19.90 acres and a temporary Agricultural (A) zoning district classification and se designation for such property. The suNsct property la located on the south side of dwards Road, approximately 2,000 feet west of Swisher Road, (A-86, Lubbers Addition, ayne Reed) oon by Salty Rishel and seconded by Bob Powell to recommend approval of the annexation to City Council. 'Discussion of Item is Included In Court Reporter's transcript attached to this set of minutes (Page 82). MrI carries 4.3. Carol Ann Ganzer. Susan Awls and Elizabeth Gourdie occosed. Motion by Salty Rishel and seconded by Bob Powell to recommend approval of the zoning to City Council 'Discussion of Rem Is included In Court Reporter's transcript attached to this set of minutes (Page 94). Motion carries 4.3, Carol Ann Ganzer. Sultan Aeele and Elizabeth QQurdle pR9°sed. 14. Top of the Hill Subdivision a. Hold a public hearing and consider recommending approval to City Council regarding a proposed voluntary annexation of 65.174 acres located south of Nowlin Road on the seat side of FM 21811 (Teasley Lane.) generally opposite Hickory Creek Road in the extraterritode1jurisdiction of the City of Denton, Texas The zoning at the time if the annexation will be Agricultural (A). (A-83) Motion by Susan Apple and seconded by Softy Rishel to recommend approval to City Council 'Discussion of Hem Is Included In Court Reporter's transcript attached to this set of minutes (Page 95). Motion carrles 7.0. b. Hold a public hearing and consider recommending approval to City Council regarding a proposed concept plan for a Planned Development (PD) zoning district encompassing 65,114 acres. The property is located south of Nowlin Road on the east side of FM 2181 (Teasley Lane.) generally opposite Hickory Creek Road In the extraterritorial )url, Aietion of the City of Denton, Texas. At the time of 19. k ~ t CondenwhTm Page 81 Page 83 1 present to spook in opposition to the petition? Anyone ation fo t and a tanpoary Agricultural son fo district properly 2 present to speak In opposition? That being the case, 2 classification and use designr such p, 3 the public bearing is closed. Rebuttal is waived. W. S The subject property is located on the south aide of 4 Rood, any final ra wks from staffs perspective? 4 Edwards Road approximately 2,000 feet v -R o! Swishy 5 MR REED. No. 5 Road, And Mr, Recd will provide us with the Raft 6 MR. ENGELBRECHT: ovy. Commissioners, we 6 report, petitioner's report and staff recommendation. 7 again will nod to take this in two motions, one for' e 7 At this tiny I will open the Public haring- 8 amcxation and one with regard to the zoning Are there 8 MR REED: Thank you 11re 19.802 aye tract 9 any comanents or a motion? 9 ben is IOCAW on the south ai& of Edwards Road west 10 Ms. oo m m, f move that we rwommcnd to 10 of SwIsha Road, mW as a landm 6 I believe ail Of You I 1 the city council annexation of Agenda Item 99-023 which I I might recall the Proxve Dcvelopmcnt which was a 12 Is A•85, Thank you. 12 400-plua acre ro wfdrh tyres appm-..od at the end of last I ) MR. RISHEL: SCCMd. 13 year. That's located over here, I.35 is to the south 14 MR. maliRECIrr, Wo been fM'ed and 14 Again, we're talking about an annexation aimilAr to the IS seconded to roconumM involuntary and I'm assuming is two previous ones that we just talked about, 16 you are recommending involuntary annexation? 16 Several p'rhlic improvements would be 17 MS. GOURDIE: Yee, 17 required with thl4 smaller property if developed as I8 MR. FNGFtSRFCHT: Yea, discusslon on the IS proposed. The property owner had proposed a I9-unit 19 motion? Ms. Oanzer, 19 manufacturad heme park an one Sot. Seing in the m 20 Ms. GANM t'm going to be voting against 20 City has neither control over the &-sign guidelines or 21 this motion. The last one the owner of the properly 21 the ability to cof Sect park development fees for this 22 were not In opposition to the ann"Ition on that last 22 residential development. At Ni time I'll indicate 27 one On this one the owners of the property are opposed n that cuff would recommend a recommendation for approval 24 to It and I'm not a person wbo's really big in favor of 24 for A-86 for the annexation and a rooornmentimloa for 25 involuntary annexation. I'm one of those people who 25 approval foe the designation of an Agrcult" zoning Page 82 Page 84 t voted against the City ordinance, I mean, the cbarta 1 district for A•86, I'd be happy to answer any 2 change. It seLml you know, Mr. Powell brought this 2 quadons. 2 up culler, all three of these involuntary annexations 3 MR ENGE11RECHT Comrntssionert, any 4 have to do with mobile home parks. It looks a Bette 4 questions? Ma. Gordis s fully to me, I'm going to be voting against it. 5 Ms. 0001L LE: I WAS lust curious, on 6 MR. ENGELBRECHT: Any other discussion on 6 manufactured hous-ne don't they have guidelines in our 7 the motion? Mr. Rishel. Okay. Anyone else? In that 7 books that thy ngtdre them to have open Waco, a 8 caw, all in favor of the motion please raise your right it, certain amount of oleo space anyway? 9 hand. Opposed same sign. 9 MR REED. Fur anything that'I located 10 MS. GAwi;L Opposed. 10 inside the city. 1l MR. fNOELBRECHT. Monson Carries, six to I 1 MS Owwri do *by would they be required 12 one N we have a motion with regard to the rotting? 12 to have to pay park fats? Why would that be 6 I S Ms. oO iwm I move that we recommend to 15 consideration, too to speak, lira they're already 14 the City Council that the ptOPoscd zoning for the tract 14 required by the odinance to have open spsues? 13 A•95 be zoned Agricultural, 15 MR. REED. First off, the manufactured home to MR. RLMHEL: Second, 16 park Chapter wldch is Ciwpter 32 of cox Cede of 17 MR t.NOEti REcirr, pt's been mood and 17 Ordinmaeet applies to mat'ufactured home purl that are r 18 seconded to recommend Agricultural zoning. Any 18 only inside the City. Oohed to our Park DOdicatiort 19 dis<-usslon on the motion? All in favor nlt• -ow right 19 Ordinance, that applies to property both inside the City / A 20 land. Opposed tame sign, 20 and in out Lt) However, for any pro" located in 2l Ms. GAN7ER: Opposed. 2 t our ati, only the park land ditdiution portion applies 22 n 22 or fare in lieu of, which would be the can here because one Okay, we'll move onto tom , s w I the dedieatiat l1 kss than tiers soap, Ilowcva, the 24 public heating and consider recommendlnil approval to the 24 park development foes assoclakd with Well emit 0"10t 2S city Council of the Involuntary annexation of 199 attar 25 be collected fa development In our E?1. 6o I was PLANNING AND ZONING COMM1SSiON TUNS 9, 1999 Page 81 • Page 84 20. t. CondtoaeIl"` Page 85 Page 87 l simply pointing out, much like I atwuld have In the 159,000.00 and 1 a n't got it plot. I've hem trying to v 2 other two and Yke 1 did provide in the staff report, 2 plat it sliver 197 and I ain't made it yet Only people 3 that park devmkopmnt fees would not be eollocled for 3 who has got money out of me is the AmWtmct, the 4 these units which would have an impact on cur park 4 aigincers, and the City and I ain't god notldi.g out of 3 system if wm leave It in the LT) . ALM a little extra S it except now you want nun to p+y City Wes. Like Riney 6 information. I amid bp.-,c just been quid 6 Road, you annex it for 25 years and you still ain't done 7 MR. DONALDY N: In addition, the developer 7 nothing out thf m or ere you going to do me like - or I may earn up to a 50 percent credit against those park g you've got some other deal like the'Im and put a 9 land development fees if he provides park and recreation 9 trailer out there and make another district for me,1 I o spas on-sight. 10 guess. You know, it's been a bad deal for me from the 11 M9. t7OURDIE: okay. '[bat's where my 1 I start, 1 haven't got nothing through the City past or 12 confusion was lying Thank you. But thank you for that 12 never did say sn,ahlag except plat it and develop it. 11 extra information, Wayne. It was very helpful. 13 And on top of that, diem's two trace. 1 14 MR. ENOELBREm. 7ha's going obaNe and 14 just wanted to do one Vast and art a couple of 13 beyond. 13 house. But they told me to develop everything. So I 16 MR. REW Yes, I was 16 guess 04tever you do Is up to you but I'm against it 17 MR. ENart itnHT: Definitely above cc 17 and I guess I'll put it up for sate. 1 don't want to be I I beyond. Any other questions for Mr. Reed at this time? I 1 annexed because if I'm annexed, ue ordinance and 19 Okay. 7Tiank you. Is them anyone present who would 19 everything, I'm going to start with the City Council and 20 like to speak in favor of this petition? Anyone present 20 I'm going to call vmrybody in when 1 have I problem. 11 to speak in favor of the petition? In that cox, anyone 21 And the deal is this Is a City, this 11 a County. 111e 32 present to speak in opposition to the petition? If you 22 Countycan burn. 1 can't do nothing bomuse+he City's 13 would plesse give us your name and business address for 2) got me, But everybody else around me can do whatever 24 the record. 14 they want to do, I Swat. And then the City palls 19 23 MR. LUBSEIIt: My name is Alan Lubber. My 2S going to come out here? That's going to be like a PVe 96 Page 88 1 P.O, Box Is Box 314, M-nton. I'm the person that owns I yo-yo, T1ey'1I never rind me, But I'm In the City. 1 3 the property. When we started out I didn't want to 2 gums, that's all I've gat to say. 3 develop tb: whole thing but the planning people told me 1 MR. ENoaaittC1rr; commissioners, any 4 l had to develop everything. I Just wanted to start 4 questions? Mr. Powell S with five or oil houses, whit 1i was mine. But when l 3 MR. Pown t, Sir,1 don't thi t you'm 6 went to plat it, they told we to put everything on an 6 looking at this realistically. This isthe thW one of 7 acre, That's how it came out to be 19 houses which 1 7 thex spot annexations tonight It's obvious what the 9 didn't want to pal 19 houses out them, g City Is doing. Tbcy don't want anymore manu(achtrcd 9 71ic question is after I gd the property, 9 home parks In Denton, I don't know how easy we have Lis I o I'm the only one you're annexing in the middle. Andrews to the City but it's obvious they don't want anymore. 11 is behind me and then the County - the City Is not I I MR. IUSNEG Mr. Chalrm,sn, I'd like to say 12 taking a road or nothing w you're going to provide me 12 that Mr. Powtll does not speak for me. I) with what? Nothing But you want to take me in and 13 MR. POWELL- I didn't my I did, 14 make me pay City taxes. if you're going to take me in, 14 kik ENoasaECH7: ?}elm's a chance for t s you're going to have to give me the ordinance and is rebuttal in a many nt, Mr, Nobel. 16 tvmrydhing, With Andrew Carporstion going on thom's 16 MA XMI.t+ rm Wy pointing out dirt this 17 going to be a problem because I can't act ON or two 17 Is IN third one tonight and In tub ease they're spot is houses here, take it out of the mobile home park, and I I annexations. Cm voting for then bemuse if 19 then you're going to have to" with the Andrews' 19 manufactured bouaing is put there, l think it should be 20 noise nulsarkea, 20 regulated and the C'ty should have the right to regulate 11 I recommend I do not want to be In the 21 it and that's why I'm vtlting fa these. And my heart G 22 City limiu annexed because when I came up helm and told 12 with my neighbor bent but I'm going to vole for It 23 everything what was going on, now you want to annes me 23 anyway simply because 1 think the regulation is needed 24 and stop me. Well, if you wanted to slop me, you should 24 But It's pretty obvious that Moe didn't take the property 13 have said something Instead of keaing me shell out 23 next to It on the last one, We didn't take the property PLANNING AND ZONING COMMISSION JUNE 9, 1999 Page 85 • Pala 88 21. t4 1 t ~ I 1 4 Coodenseltlu Page 89 Pop 91 1 next to that. It's pretty obvious. 1 rite okay, the other two sites are petty much had 2 MR. LUBBEA.S: On top of that there's all 2 seeress to improved roods. Is that correct? I'm just ` 3 kinds of mobile homes down through here. There's not 3 trying to look at these tittle maps sod 1 can't really 4 just like I'm not the only one that wants to do it 4 tell. The first one looks like it hit McKinney and the s there. There's four or five, there's lilt 12 or 13 s wound am tools like it tut Stuart, and those are all 6 mobile homes down through that road. 6 kind of improved roads. What does Edwards took W7 7 MR. ENOELBRECHT: I understand. Are there 7 MR. ism. t'd like David Salmon to answer 8 other questions? Before you leave, Mr. Lubbers, l want 8 that question. 9 to ask staff if this gentleman goes to subdivide. Is 9 Mtt swag: Edwards Road at this location to there any reason he can't simply subdivide this into two to is just a County-taaintainod rural road. I I lots for two mobile tames for three lots for three I1 ME. GrAIPME is this the one we were 11 mobile homes of equal acreage, for example? If, in I. talking about when the prescrvc came up to or sr.nebody 13 fact, it was approved with the special use permit? 13 just teocnfy talked about it? 14 MR. DONALDSON: Yes, he could subdivide it 14 MR sAt.MoN: Right. This is one of the 15 Into smaller parcels, to plate even a single is roads that we talked about with the preserve. t6 manufactured home on a single lot requires a specific 16 MS. Gotta m And this is the one they 17 use permit. a wanted the exception to or one of drone? Is MR. ENOELBRECt1T: But be wouldn't is MR sAt moan Yeah. Tali is one of the roads 19 necessarily have to make it one-acre lots? He was 19 that the preserve asked for a variance on. 20 indicating that he only wanted to put two or three homes 20 MS.ODUROIE: Okay. Thank you. 21 out there. TTnat could simply be done. 21 MR ENGELBRECxr: Quit want to make MR. DONALDSON: We also create minimum lot 22 sornet:ung clear. Was the preserve, I don't think they . 23 sins not maximum. 23 were askinl{ for a variance on this particular portion cr 24 MR LUBBERS: But the problem with that is 24 that road. 2S you're still going to make me develop that road out 2$ MR. SALMON: No, right It WAS Portion that page 90 Page 92 L there which is going to cost me over 560,000.00. 1 was directly adjacent to their property. 2 MR. ENOELRRECHT: That may be. 1 just 2 MR PiGELBRECH7': okay. 3 wanted to check on the tot pan of it. TT,at'a the other 3 Ms. oOURm my question was just what have { 4 issue. 4 we got going hoe? W we have an improved section and S MR. LUBB'_' R& when I started out, that's all s than a regular section? Are we creating a bump le the 6 1 wanted to do and they told me I had to put in a 6 road, so to speak, by having an unapproved road and theo 7 sidewalk. I was going to have to put in culverts. 1 7 all of a sudden an improved road and then on unimproved s had to make the road wider and everything just for three s road and then we've got it hooked Into Swid=7 I'm 9 or four houses. I guess my deal is why didn't you make 9 just trying to visually we what's happening out there. 1o these other people do it because they're still in the 10 MR SALMON: Right now, of course, the road I I E TI? why didn't they do something's That's my 11 is pretty consistent all the way out. And with the 12 question. 12 vatiaoce that was approved with the preserve, it's still 13 MR. PNOELBRECHT: I don't know when those 13 gong to have a rued auction to It although the 14 were put in or what was there then. Any other question 14 pavement will be of a little better quality. 15 for Mr. Lubbcn? Thank you, It there anyone else 13 Ms. Omntmg: what would be required of this 16 present who would like to speak in opposition? Anyone 16 if this is annexed into the City, what is required of 17 else present to speak in opposition? Seeing no other 27 him to do to that road? 1 s opposition, the public hearing is closed. Mr. Reed, as i s MR. SALMON: well, the annexation, of 19 the City as the petitioner, do you have any rebuttal 19 course, won't trigger anything but if anyone came Into 20 remarks? 20 develop the property, we would have to look at road I MR. REED: No. 21 improvements at kast along the frontage. 22 MR. ENOELBREom Any final staff, emarks? 22 Ms. oovaole And would there he any way for 23 MR. REED: No. I'd be happy to answer any 23 hum to apply for a variance or anything in that sense of 24 questions. 24 the wad? I'm just trying to we what's happmintg. 23 MS. OOURD1E: I was Just curious, Is tills 25 MR SALMON: Right. Anyone can apply for a PLANNING} AND ZONING COMMISSION JUNE 90 1999 Page 89 • page 92 22. h t Coodcaalt"n ' z.a Page 95 , I variance or the requimtxrts. Whethe staff would 1 MR FNGELBRECHTI Is III= a second? 4 2 recommend them or not, or Course, is dependent on the 2 MR. POWELL. SCWnd. 3 number or homes and the type or development. ('hat's 3 MR. ENGEi9RMff: R's been moved and 4 always an option no matter whet you're proposing to 4 seconded to recommend Agricultural zoning. Any s develop. S discussion on the motion? AD In favor please raise 6 MS. COJRW.'Ibank you for visualizing that 6 your right hand. Opposed am sign. 7 for me. 7 Ms. otX nom Opposed. I MR. ENGEIBRICH3: Any othcr questions? if t MS. APPLE: Opposed. 9 there FLIT no other questions, again, we have a need for 9 Ms. GANLEL opposed. 10 two motions, one with rag trd to annexation and one v'ith 10 MR. ENOLURECHa. Motion Carries, rota to 11 regard to zoning. We woua d entertain a motion with I 1 three. Okay. 7bat 4 12 regard to arntexation at this time. we Id -41p u1b I m publie Haring and 13 MR MSHEL: A motion, 13 consider recommending approval to City Council regarding 14 Mk PNGELRRECHT: Mr. Rnshell. 14 proposed voluntary annexation of 65.174 mad located is MR. RISHEL: 1 would like to make a motion 15 south or Vowlin Road on the east aide a PM21aI 16 to recommend to City Council the involuntary annexation 16 generally apposite Hickory Creek Road In the 17 of the Louver Addition, A-86. 17 extraterritorial Jurisdiction The zoning at the time is MR. POWELLA. Second. 15 of the amnexatioa will be Agricultural. ,lad Mr. 19 Ma. ENGuaREcHT: It's been moved and 19 Donaldson Is going to I'D open the public hearing 20 stcondod to recommend involuntary annexation. Any 20 and Mr. Donaldson Is doing to provide the Ralf report. 21 discussion on the motion? Ms Oanm. 21 MIL DONA[bsw 7bank you, Mr. Chair. I'm 22 MS. GANrEK I'm going to be voting against 22 substituting for Larry Reichhart this evening. Larry is 23 this one, too. Mr. P.ubben owns this land. It's his 23 en route back to Denton with his ramily having closed on 24 land. He does tot want to be within the City limits. 24 a house last week and now has a place to live. Again, 25 lhal% why I'm opposed to Involuntary annexation. 25 Just to summatim two separate actions this evening, a Page 94 Page 96 1 People live out In the country because they want to live I recommendation regarding the annexation and a 2 in the coomtry, not iri the City limits 7be newspaper, 2 recommendation regarding the proposed zoning whkb Is as 3 1 remember it said after we had the charter vote that a 3 a Planned Dcvdcpmmt zoning district, 4 lot or people they d otght voted against it because they 4 FIN Just the annexation 65-plus and S were against growth. Anybody wbo knows me knows that S located in south Devon, east of Teasley, more a less 6 I'm not ag tinstgrowth, I just don't think this is 6 opposite Its intersection with Hickory Creek Road. ibis 7 right so I'm going to be voting against it. 7 particular map shows the portion or the Denton Mobility 6 MR ENGELRRECHT: Ms. Apple, I Plan and two proposed arterials One the extension of 9 MS. APPLE: t will also be voting against 9 Hickory Crock Rod which will go across the Southern 10 this based on the size or the tract, its location, and 10 boundary a the property and a second proposed road of I I the comm>nrts of the raadowner. I 1 the extension of 3M2499 which will go along It's eastem 12 MR. POWUL Mr. Chairman, I seconded the 12 boundary, and Um of ourse, Teasley is also an 13 motion, I'll vote ror it I want to prove a point. 13 arterial road And 1 notice to your backup, the backup 14 MR ENGELORECHT: Any other discussion? All 14 report for the annexation is misshw B&I'ly, the 15 in ravor or the motion please raise your right hand. 15 , 'cc plan indicates that we're Capable or providing 16 Opposed same sign. It ou riot In here. We hart City territory bob to the 17 MS. GAN7Ek opposed. 17 art and west so it's contiguous on two aides and will r Is Ms. APPM. Opposed. II help sue to fillin a bole is the City limits, f A 19 MS.G(x1aDIE; opposed. 19 basically, ( ao ; <20 MP ENGELDRECHT Motion Carries four to 20 With mgard to the zoning, in your backup 21 then. And that moves us to the zonlrg lscue. Mr. 21 them Is a proposed zoning map, page 14, that basically 22 Rishel. 22 Identifies three tracts with 150-root electrical 23 Ma. RISHEL Yes, I'd like to make a motion 23 easemrot kind of crating the boundaries ror these three 24 that we, to the City Council, the we approve the Louver 24 tracts. Initially, the application cant in with 25 Addition, A-t 6, for Agricultural temporary. 25 Residential on the largest piece, the 4S area. PLANNING AND ZONING COMMISSION JUNE 9.1999 Page 93 • Page 96 23. i4 t' t I AplltWa No, 9 1- 0.2 AGENDA INFORMATION SHEET AQeftem- + Date_ I -040.9p AGENDA DATE: July 20, 1999 DEPARTMENT: Planning Department C,IIDCM1ACN1: Rick Svehla, 349-7715 SUBJECT-Z-99-027: (The Auto Clinic) 15 Hold a public hearing and consider rezoning 4401 East McKinney Street from an Agricultural (A) zoning district to a Light Industrial (LI) zoning district, The 2.39 acre property is located on the northeast corner of Mayhill Road and McKinney Street. The proposal is to permit the operation of an existing commercial business. The Planning and Zoning Commission recommended approval (7-0) with conditions. BACKGROUND The applicant has requested to rezone this property to permit the operation of on existing commercial business, which has been in continuous operation prior to the area being annexed during the 19SOs. The current use has legal non-conforming status because it was in existence at the time of annexation to the city but does not conform to the regulations of the Agricultural (A) zoning district (Section 35.13 (a)(2)). Section 35-13 also precludes the expansion of any non- conforming use. The present land use would be allowed in a Light Industrial (LI) zoning district. The request to rezone will allow this bus~ncss to operate by right, rather than continue as a legal nonconforming use. The surrounding area Is pr:-dominantly Industrial in nature (see Attachment 1 - Enclosure 2). The land located on the southwest comer of this intersection was zoned Light Industrial (LI) in 1978. 'there are several existing manufacturing and other similar businesses located with:.t this zoning district. Another Light Industrial (LI) zoning district was approved in 1979 on the northwest corner of the intersection, just across Mayhill Road from the subject property; there is an existing commercial busines4 on this properly. Three other Light Industrial (LI) zoning districts were approved around this one between 1979 and 1987, Planned Development 130 (PD 130) being one of the three. Most recently, City Council may recall approving a request to rezone 2.267 acres to a Light Industrial (LI) zoning district that is adjacent to the subject property in November of last year, There Is noncommercial development to the cast of the subject property, There are a number of older, scattered single-family homes located on the north side of East McKinney Street between the subject property and Ryan High School, which is further cast. Across from the high school there is a small single-family neighborhood. And Clayton Estates 4, Manufactured Home Park is on the cast side of the school / 1 he proposed development is somewhat inconsistent with the policies of the 1988 Denton Development Plan (DDP) as applicable, but is somewhat consistent with of the 1998 Denton Plan (DP) Policies and the 1999 Growth Management Strategies and Plan (see Attachment 1 Comprehensive Plan Analysis section and Enclosures 6 and 7). 2. t u ➢ Six (6) property owners were notified of the zoning request. Three (3) responses have been received; one (1) is in favor, one (1) is opposed and the third (1) is neutral to the request (see Attachment 3). PRIOR ACTIONIREVIEW The following is a chronology of Z-99-027, commonly known as the Auto Clinic: Application Date- March 31, 1999 P&Z Date - May 12,1999 ESTIMATED PROJECT SCIIIIEDUL A business currently exists and is in operation on the subject property as mentioned in the Background section above. However, the property is not platted. The existing business can continue to operate without platting. However, future additions or alterations to the existing building that require drainage, street, utility extension or improvement, additional parking or street access changes would trigger platting of this property. At that point the properly would have to conform to current subdivision and landscaping regulations. FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public improvements that are the responsibility of the city. There is no need for the extension of public infrastructure to service this site at this time. P&Z SUGGEST RECOMMENDATION The Planning and Zoning Commission recommends approval (7-0) of this toning request with the following conditions: L Floor Area Ratio. Total developed floor area shall not exceed a 0.50:1.0 floor-to-area ratio (KA.R.) or 52,054 square rect. 2. Lighting. Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion into the night sky. P OPTIONS I. Approve as submitted. 2. Approve with conditions. ~l 3. Deny. A; , r 4. Postpone consideration. R' I r 5. Table item. j 2. i i 4 i i i i I i i ATTACHMENTS 4, 1. Planning and Zoning Commission Report, May 12,1999, Z-99.427. 2. Planning and Zoning Commission minutes from May 12, 1999. 3. Property Owner Responses (3). 4. Draft Ordinance. i i j Res ec fully submitted: 3 1 Mark Donaldson Assistant Director of Planning and Development I ! Prepared by: I i a Reed Planner 11 I i I i i 1 ~ A f 1 3. ATTACHMENT : AW& N& PLANNING AND ZONING COMMISSION A006 to STAFF REPORT 15-72--94 Subject: The Auto Clinic Case Number, Z-99-027 5La : Wayne Reed, Planner II Agenda Date: May 12, 1999 P ONS 4 V; Fp as u r h 7 t i LS Hold a public hearing and consider making a recommendation to the City Council concerning the rezoning of 2.39 acres from an Agricultural (A) zoning district to a Light Industrial (LI) zoning district. The intention Is to permit the operation of an existing commerc;al buslness. Y L /8 , Y py~ pp ~j tai ~~ry, ~F M 4 Y A° r LOCATION MAP Location: on the northeast comer of Mayhill Road and McKinney Street ` Size: 2.39 acres L9'Y 011 CT St~T gr~xM l,rk~r, { 4. 4 , I I~ Applicant: same as owner Owner: Troy Glenn 4393 East McKinney Street Denton, TX 76208 i?. RAHWIM-1WARMAIN ~ FIX IN The subject property is the location of a commercial business that has been in continuous operation prior to the area being annexed during the 1980s. The current use has legal non-conforming status , because it was in existence at the time of annexation to the city but does not conform to the regulations of the Agricultural (A) zoning district [Section 35-13 (aX2)]. Section 35-13 also precludes the expansion of any non-conforming use. The present land use would be allowed in a Light Industrial j! (LI) zoning disb:A. The request to rezone will allow this business to operate by right, rather than continue as a legal nonconforming use. The surrounding area Is predominantly industrial In nature (see Enclosure 2). The land located on the southwest corner of this intersection was zoned Light Industrial (LI) in 1978. There are several existing manufacturing and other similar L..sinesses located within this zoning district. Another Light Industrial (LI) zoning district was approved in 1979 on the northwest comer of the intersection, just across Mayhill Road from the subject property; there is an existing commercial business on this property, Three other Light industrial (LI) zoning districts were approved around this one between 1979 and 1987, Planned Development 130 (PD 130) being one of the three. Most recently, the Planning and Zoning Commission may recall considering a request to rezone 2.267 acres to a Light industrial (LI) zoning district that is adjacent to the subject property in October of last year, City Council approved the request In November. There Is noncommercial development to the east of the subject property. There are a number of older, scattered single-family homes located on the north side of East McKinney Street between the subject property and Ryan High School, which is further east. Across from the high school there Is a small single-family neighborhood. And Clayton Estates Manufactured Home Park Is on the east side of the school. GIMP„~E~E.I,~~lilE'.~:~?►N~~~~T.3a~~`~~!~i~t~~~is'~ ~ 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. These areas are Intended to be developed primarily for si igle family residential development. Neighborhoods are to be serviced by a network of small commerclaVretall centers spaced at about mile Intervals with direct access to 9 collector type street or larger thoroughfare. Vehicu'.ar trip generation due to development within Low Intensity Areas is restricted to 60 trips per day per acre In order to balance land use with road capacity. Staff finds the proposed development to be somewhat Inconsistent with both the policies and trip Intensity standards of the 1988 DDP (see Enclosure 6). 2 99 021 P1 Mal Fe popCdx S. ' r The vehicle trip Intensity threshold for Low Intensity Areas is 60 vehicle trips per acre per day. With 2.39 acres of area, the property would be allowed approximately 143 trips per day. For light Industrial land uses, the DDP offers a trip generation multiplier of 6 trips per thousand square feet of developed area. The city's tight Industrial zoning requirements have no lot coverage factor, no maximum height requirement, and would allow a floor area ratio of 2.0:1.0 or as much as 208,217 square feet of developed floor area. If the property was rezoned to a straight Light Industrial (LI) zoning district without conditions on maximum floor area, the potential trip generation could be 873% above the allowed Intensity for the site as Illustrate4d In the table below: TO Generation Ca Calculation Land Area 2.39 acres Intensit Threshold 60 tri siacre/da Intensi Allowed 143 Id s/da Intensi Factor L ht Indust 6 tri s/1 000 s . ft. 2.0:1.0 Floor Area Ratio 208 217 s . ft. Potential Tri Ge a "n tn 1 249 Id s/da Applying the DDP intensity standard and the trip generation multiplier for light Industrial land uses to this property, we can determine a threshold of building area on this property that would not violate the allowed Intensity. Tr! Generation Calculation Land Area 2.39 acres Intensit Threshold 60 tri Slane/da intens' Allowed 143 td s/da Intensi Factor LI ht Indust 6 tri s/1 000 s . ft. Staff Pro sad Floor Area 23 900 s . ft. Potential Tri Generation 143 td We Existin Floor Area Unlwown i A maximum of 23,900 square feet or a floor area ratio of 0.23:1.0 should accommodate the existing structure while limiting future development on the site in a manner consistent with the Intensity standard of Low Intensity Areas, maintaining a balance between the land use, trip generation and protection of residential areas. The draft proposed Land Use Plan Identifies this area as an employment center with relatively high Intensity. Assuming a moderate Intensity standard and a Floor Area Ratio of 0.6:1.0 the property would accommodate approximately 62,000 sguare feet of development which in turn yields 312 trips per day which Is 37% of a Moderate (350 lpd average) threshold. 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) is to be used In conjunction with the 1988 Denton Development Plan in r evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed development to be somewhat consistent with the pollcies of the 1998 DP f t , (see Enclosure 7). 2.99 027 PZ SlaT 0^* t.doc 6. i The 1998 Denton Plan (DP) Growth Management Plan shows this property to be on the edge of an Existing Residential r attem An t Area. According to the adopted Growth Management Strategies, these areas are Intended to aocom Ytodate future reskdential development In a manner that responds to the existing residential deveiopmert with compatible land uses and patterns. The plan recommends that existing neighborhoods within the City be protected and preserved. As mentioned earlier and as shown on the zoning map, this area has already bean developed with light Industrial land uses. The real exls ft residential pattern In this area Is to the oast of the subject prcx:arty, not adjacent to Mayhill Road. The proposed Light Industrial (LI) zoning district would be an appropriate land use given the presence of an existing commercial business on the property and surrounding properties to the north, west and southwest. If the total floor area was limited in the manner outdned above, the existing residential land pattern to the east should be protected from easterly expansion of Industries. I x ti F RUN 1. Transportation A. Access The existing business currently has access onto Mayhill Road. A. Road Capacity The level of service at the Mayhill Road and McKinney Street Intersection is of concern. Presently, street Improvements are being made at the Intersection of Mayhill Road and McKinney Street to Improve traffic conditions. These Improvements involve the construction of turn lanes on Mayh11 Road on both sides of McKinney. Mayhill Road Is Identified as a secondary major arterial road by the 1998 Denton Mobilty Plan. This road is designed to be a four (4) lane divided street without parking, providing four (4) lanes of through traffic. As such, its designed traffic capacity allows for a tolerable traffic flow of up to 19,100 trips per day. Mayhill Road is currently constructed with two (2) lanes without parking, This design can accommodate a tolerable traffic flow of up to 9,100 trips per day. The most recent traffx: count con this road of 3,034 on the south side of the Intersection Indica`es that there Is adequate capacity on this road to handie the calculated trips that could be generated by the proposed development. McKinney Street Is Identified as a primary major arterial road by the 1998 Denton Mobility Plan. This road Is designed to be a six (6) lane divided street without parking, providing six (6) Panes of through traffic. As such, its designed traffic capacity allows for a tolerable traffic flow of up to 27,900 trips per day. McKinney Street Is currently constructed with two (2) lanes without parking. This design can accommodate a tolerable traffic flaw of up to 9,100 trips per day. The most recent trafrlc count for this road of 18,864 indicates that the level of service Is compromised. However, the current Intersection Improvements should alleviate some of the congestion. In addition, a connection road between Loop 288 and Mayhill Road scheduled for construction in 1999 - 2000 will provide additional access into the irea. i G Pedestrian Linkages Z 99027 GZ Staff $teport.CoC t®rr® 7. Sidewalks along all public streets are required. 2, Utilities This site has access to existing water and sanitary sewer lines (see Enclosure 3). 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. A preliminary drainage study will be required with the submission of a preliminary plat. The study must Include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property. The developer must indicate the method by which the run-off will be carried across the property or stored on the property. 4. Signs As per the sign ordinance. All future development on-slte will be required to satisfy the City's current requirements. 5. Off-Street Parking Development must provide parking according to the regulations of Chapter 35 (35-301) of the Code of Ordinances. The number of parking spaces required by manufacturing, processing and repairing land uses Is one (i) space for each two (2) employees or one (1) space for each one thousand (1,000) square feet of floor area, wt'^hever is greater. 6, Landscaping This property is already developed and does not have to comply with the Lands"pe Code. Any future on-site development will be required to satisfy the Citys current requirements regarding landscaping. 7. Lighting There are no light restrictions on light Industrial land uses. However, it should be controlled. The City is in the process of developing lighting standards. November 15, 1983 - The front two hundred and fifty (250) feet along McKinney Street (F.M. 426) was annexed and placed In a temporary Agricultural (A) zoning district and land use classificatIon by Ordinance 83434. R , January 5, 1989 - The remaining portion of the property was annexed five years later in 1989 as part of a 135 acre annexation and placed in a temporary Agricultural (A) zoning district and land use classification by Ordinance 89-001. Z 99 021 DZ Stal Aepart.dm i i I t _ ~ I i t 7supb.JeWd perly is already developed, but Is not platted. Any new development or redevelopment that requiresthe extensl6n or improvement of public facilities would trigger the platting process. I Notice of the zoning request was published in the Denton Record-Chronicle on May 2,1999. Six (6) legal notices were sent on April 30, 1999, by certified mail to notify property owners within two hundred (200) feet of the subject property (see Enclosure 4). In addition, thirteen (13) courtesy notices were sent by first class mail to notify residents and businesses within five hundred (5D0) feet of the subject property. As of this writing, there have been no responses. No neighborhood meeting was held. The request to rezone the subject property from an Agricultural (A) zoning district to a Light Industrial (LI) zoning district is somewhat inconsistent with the 1988 DDP, the 1998 Denton Plan and the 1999 Growth Management Strategies, and the draft proposed Land Use Plan Identifies this area as an employment center with relatively high intensity, a conditioned approval appears reasonable, apdropriate and consistent. Staff Identifies two areas of concern that can be addressed by way of j conditions to the zoning request. Intensity. The standard Light Industrial (LI) zoning district requirements allow development that could be excessive in this area. A condition to control the floor area would allow the existing structure and limited future expansion to assure compatibility with the existing residential and institutional land uses i to the east. Lighting. The proliferation of light pollution is a growing concern, particularly where non-residential uses are adjacent to residential uses. The city Is in the process of drafting a lighting ordinance, but nothing has yet been approved. The standard lighting condition is suggested as a condition. 110 Staff recommends approval of 99-027 with the following conditions: 1. Floor Area Ratio. Total developed floor area shall not exceed 0.50:1.0 Floor Area Ratio. 2. Lighting. Lighting on the property shall be designed and maintained so as not to shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion Into the night sky, f 2 99 027 CZ rAa f W-Port .dz 9. c I I 1 move to recommend approval of 99-1)27 with the following conditions: 1. Floor Area Ratio. Total developed floor area shall not exceed 0.60:1.0 Floor Area Ratio. 2. Lighting. Lighting on the property shall be designed and maintained so as riot to shine, on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion Into the night sky. i 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone conskieration. 5. Table item. i 1. Vicinity Map. 2. Zoning Map. 3. Utility Map. 4. 200'- 600' Notification Map. 5. Denton Mobility Plan Map. 6. 1988 Denton Development Plan (DDP) Poti;laa. 7. 1998 Denton Plan (DP) Policies (2 pages). 1 i I-"-077 P7 Starr Rcpotdoc 1a). r c 1 . i r ENCLOSURE i NdhTH Z-99-027 (THE AUTO CLINIC) s w SITE w~ RYAN mlo" m 11 Opal R R , r . VICINITY MAP i 'fJr\ Agenda Date: May 12, IM Scale: None 11. ( I 1 ` ENCLOSURE 2 Z-99-027 (THE AUTO CLINIC) WITH i i ■ A•o •i IrLLa RD II Q r • I r A I ro 170' r~ a y SITE IAo L - HU" % PD411~ 7 R~1~ ~o I A r po 41 1 I u i ZONING MAP At Agenda Dab: May 12, 1999 scab: None 12. C y ENCLOSURE 3 NORTH Z-99.027 (THE AUTO CLINIC) ` SITE y EXISTING UTILITIES MAP Hydrants Water Line (W. L.) Sewer Line (S. L.) a , 9 Agenda Date: May 12,1899 Scale: None 13. I I I i i ENCLOSURE 4 2.99-027 (THE AUTO CLINIC) NOliT'H i 31T . . RYI N _ MM t i 200 0 UFF 0 FOOT BUFFE , a g 1 1 200.500 FOOT NOTICE MAP I ~4 fi Agenda Date: May 12, 1999 Scale: None 141 't ENCLOSURE 5 Z-99-027 (THE AUTO CLINIC) NORTH Nll~ RDI 9 SITE I RYAN NS LOW. RD DENTON MOBILITY PLAN MAP N Freeways Primary Major Arterials Secondary Major Arterlals Collectors Agenda Date: May U. 1999 Scale: (Done 15. ' f r ENCLOSURE 6 aame 1988 Denton Development Plan Analysle The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. These areas are intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small commercial/retal centers spaced at about 'h mile Intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas is restricted to 60 trips per day peracre In order to balanca land use with road capacity. Staff finds the proposed development to be i somewhat Inconsistent with both the policies and trip Intensity standards of the 1988 DDP. The table below provides a summary of the 1988 Denton Development Plan policies: Denton Development Plan Policy Analysht Summary Low Intensity Area Development Rating vs. Policy sorne" POLICY COMMENTS CaLlA ut Snaent. mesa areas rep am t pinny The anoun91 proprtles at the tou"r" ran Witiin the Oty. intersection are an Wt lndushlal. 8dstir" re"derti" land was oft to the east on Nd6nney Street Singl 4w* hou"r" la rot a reelMk altemd" in this Ir n"Ate area. x tnUMWW. To be coruhtent Wth the ReArkbV Ow OoW nos was to 0.23:1.0 Flan, a development shoud not aiceed ft would be consKent we the trip InW Wty allomed Intensity. "anderd. Allowed rnWalty • 60 hlWao! _ Allocated tnterslty • 143 blpeOU x I site Man control. strict property devebm" control WtNn 1,600 reef of F!)dsdng tow density resldrMal area x rraft Design. Aous should be padded to ensure that muR}-family or (W-reodential uses haw lace to ailedan or large aderlals with no dlred aces through reodentLl streets, x l Open trpaoa. W5dent green op", Not apOaVe. recreational Facilities and diversity of parks are paAM. x r Amic ipmempa mm. tw v ft ns g 1 asodatlone and x 12 and We t>fv.nlq. Nornro"denbal and y development Is encwraycd to de", x tManidachon d Howlrq. Thee ram of Not a0abe. "nple-ramlly housing may be corrpatdbe r f w tin developments in the bw Intensity Al arm Miedtocondibo _ f (r. WP Comftm rdal. Any tam or ovmrwa "rip (Onvnerd" is Anon* disceuaged Wor new im wtnoty areas x 2.99 021 pt stay Rewtdoc lb. { ENCLOSURE 7 I ~I 1998 Denton Plan Pollcles Analysis The 1998 Denton Plan (DP) is to be used in conjunction with the 1988 Denbxt Development Plan In evaluating the consistency of proposed development with the long range vision for the city. St4ff finds the proposed development to be somewhat consistent with the policies of the 1998 DP. The table below provides a summary of the 1998 Denton Plan Policies applicable to this project; Denton Plan Policy Analysis Summary Development Rating vs. Policy CATAGORY POLICY tnmralsted cW4AV4 Tramooft m Ca om" Derdonl LW*RmVe nmrouyiara Fwr% x Ro=tes k-A tranaprhent pramm x Opbram operabam for &rte DWVV a Vk# posaen and we pudk aeveca pr~ Pra NMtrmgabtlan+y*M x tkntrlbu6m to Me Dentat Trats rx owt Nalglrborbooda. RorMn amu to pudk end OXWkNVty hrllbtl faf rddarbal ndDbborhoodc. Enoo pages a Mxture of W4 Lan that brafb reddwft x Protects and yewwo od*mg net¢rbwt*od& x Promotes bo* and pedmt Wl bank wMn and betvw'en ne+Dhbwhooda to re6" Y&Wsr b% lcaanrlc Contrtbuta to a sttanD rand &m ift tool ccr*W try ONWIl lcatfon. koroaakp employment and pmandrq btt tax tw x 1 Urban D W qn. Aftea®a oomrrxxaty appwatim in a rargrehNl A manner. Dversi w arddtt"d appeawce of b1 At erwlrorvrrertt x Nelfjrbort ood ON devdopmerrt **Jd be =rodtk we odsbnq send um and Vdnm x Pv" and pranves D&ganl ardaedtM, eulbast and NAMt M rbourM Enhances rw appe&WO 110n9 males jrw~ x Promotes bre Pam abon of bees and IL *304. Pubnc IwA9vamarrt. Ravldes an opporbxrlty for pudk opkvw 6AV tM planning p DOM x I I i 2 99 027 P2 Stan Report dot 17. L 1098 Denton Plan Policies Analysla (continued) Denton Plan Policy Aeatyrb Summary Deveioprnent Ratlng vs. Porky CATAGORY POLICY umrrt+tsa Apf nw Gorabtad Mdyl~larboo4 provide amm to pAk and owwu y WWd t for rddennd rkVW*-1t. B aw" a naa n of t nd u teat bw*M rddeft Rote& and womm L46V mv&fto& x de ib~A rofsf~ bedt to MAueo~ V*kU& "t x Flowlnp. c' YdAa°tlfrtyks tPDd to'}fatn° x oHara, adegi of>Inpl -W* bt 0^ ho*V tines uw sri4t rargp. X vrw m afty NtwnO, Mdu ft d'brdable AawNip. Invwtp ka to*v orntrucnan. CW*bAm 10 5 *O wrrdfka"% mo"m YYOvv*t W >0 tlt* tint btae. x aowmwd tioa= wa*netlw to padde urban Dad% mftlw O m wft ppextnee in a oo tfve I WNW. MY&A t v&ftdwd appewrot of bit t nvtromxvt Rote W ad p OWM Dar dfi ad,ItedA * a*" aid E*avb the OMWWW done oa)or wewuways Ramotp tae veaa vans, of trop and Y *Mft x fie bwohv""f. f4oMm w og oftlty for W* opwon d W* ►r parwnp procpt. x s 2-"-036 PZ scan kvwtaoc 18. ATTACHMENT 2 Page 263 1 m r2lctteRmff-- R's boa moved and I pattent already existing in the are. Ahno staff looked 2 aoconded to recommend approval with the conditions 2 at trot so ouch the 1988 Denton Development Pisa because 3 outlined by staff. Any discussion tat the modoo7 All 3 this area has developed quite differently the it should 4 to favor raise your right land Motion espies 4 have developed sit,oe most d these were existing uses 3 unulmotsly. S prior to their annexation. So staff kinked more at the 6 item 10 of the Agenda is to bold a public 6 1998 Dents, Plan, as well u the 1999 Growth Management 7 bearing and consider Nokia` a reoommendedoo to the City 7 Plan and Strategies cad featd it to be consistent if we 1 Councll coocertting the retuning of 2.39 saes from 1 prone some conditions on the request. 9 Agricultural to Light Industrial. The property is 9 'Ihe oocdltloos are outlined In the staff 10 located on the northeast exact of Mayhill Rood and 10 report Tae cooditions involve intensity and lighting. 11 McKinney Surat 7be pnNvW Is to permit the 1 I Staff feels that by placing a maximum density on the 12 operation of a oomnrrctal business, And Mr. Reed Is 12 property so that the amount of traffic that Is U going to provide the staff report IS geteratcd, the potential Wfk that is grneraled from 14 MR. REED Thank y044 Chairman Fagelbrecht 14 this use is upped. Pmaeudy, them Is a 16,000-plus 15 I'd litre to at this time, before beginning my is square foot strtlctu a on the property. With staff's 16 pre sentation, just hand out tom responses that 1 16 rocommendariee of,5 to 1 floor to area rado, Us 17 received after the staff report was written. You will 17 would allow the developer to add approximately $2,000, 11 And one in opposition and one in support end 1 will f1 or excuse me 38,000 ° 36,000 square feet Excuse ee 19 point that out oo the notification nap In the 19 for my agiustment, there, but 36,000 square fact more 20 presentation. 20 Bun what Is ptcc tly Oct. 21 The subject property as go" on the 21 Fw6enttore, lighting should - a condition 22 vicinity map is in Be eastern part of town on dk north 22 on the lighting, the stattdaird lighting condition is 23 side of ticY.innrcy at Msyb ll. 7bc area is presently 23 proposed. And because it's a long evening, I think I'm 24 developed with light Industrial and manufacturing. WW 24 going to conclude there and ask if you have any 25 commercial use located on throe oorms Including the 25 questions. Page 262 Page 1 rubjed property, witch was annexed into the City in 1 MR ENt3ELE ew: Conannissionerr. Mr. i 2 1983 and in 1989. It was annexed in portioos, The City 2 Powell 3 annexed a portion along the 250-foot wide strip on each 3 MR. POWELU W. Reed, isn't this the old 4 aide of McKinney all the way down to the school cad 4 Dr. Pepper plant there? Before your time, l know? 5 annexed the school site in 1983. The remaining portion 5 MR REED. Well, Mr. Glenn, the owner Is 6 war annexed in 1969. 6 here and becaue it is before my time, and 1 don'. We 7 At that time it was already operating as a 7 that knowledge, I'm going to let him answer that 1 commercial business and u such has been opemiq u a / MA Rum,. Mr. Reed, when you ulk about 9 legal, nrn-conformdng use. So thstproperty has beers in 9 the 36,000 square toot, it's geftl% late, so excuse me, 10 operation, as I said, a well u the property just to I o 1 might have missed this, the owner of that building 11 the north. The property to the north was recently 11 which is now 16,000 square foot could add pottntiatly I2 rm d to a vxAtloned Light Industrial zoning 12 another 36,000 for a total of 36,000 to flat lot 13 district as outlined In the staff report 13 Capacity? 14 The two responses that I brAod to you just 14 Mk REED: Does someosa have a calculator is a second ago we from first of all, the opposition is IS MS. Rum. I do. is from the owner of the southwest emw and the potion 16 MR REED rd like to confirm what I raid. 17 of that property within 200 feet represents less Ban 17 T7te ratio of.31 wotild allow the develops to build a 11 five percent of the total area withln the 200-foot I It total of $8.000 square feet so It you anbbul 19 buffer, The response its favor Is fmm the property 19 MR. Rrim: Iw mod trlpk his building? 20 owner whose Property was romfly rezoned to Light 20 MR. REED yes. You could add another 21 Industrial conditioned, located immediately to the aortb 21 42,000 square feet on toils property. 72 of the subject property as I'm pointing here. 22 ML RISHEU thank you. 23 With the went rezoning of the property to 23 1SR REP.JJ. Sorry for the misini'mutIm 24 tie north of this, staff looked favorably upon ties 24 earlier. 25 request In light of that, u well as the development 2f Mit. WHELI 1% kcatim of the property PLANNINO AND ZOMNG CONMISSION 1""".1999 Pogo 261,-.Page 264 19. t i CoOdeaaol: " I Pop 265 Page 267 2 that was opposed to it, is that the convenience store, 1 tha's my reason upon requesting a fewaing. And I 7 kind of Giddy-cornet? 2 might say, that I've owned that property drice 1954 and 3 MR Rem. Wo caddytuma and there's a 3 1 did have a Dr. Pepper budding built there. i had a 4 warehouse on it and there's a convenience atone, as well 4 Into building them And both teases expired and now 1 s as a gnu stationfoonvenknce store. So It's an existing s have it kased to another row wbo is snaking decorative 6 business rather than a residential. 6 stows for the Denton Canty Courthouse and various 7 PAIL ENGELBRECHT: A question regarding 7 other places. And I thank you and appreciate your 8 landscaping. '[here was an item In hero that said any a banging in bere and for your consideration. 9 future on-site development required to satisfy the 9 MAA. Frlo"Rsc►rr: any questions for the to City's current requirement regarding landscaping. 10 peddorm? 1I Howe-4r, I believe that 1 was just talking to Mr. I 1 MR PoweLtU Mr. Glenn. Staff has 12 Donaidson. Am 1 correct hero that zero to 25 percent a rw mmended a couple or things bore about floor area and 13 imptovement or increase would require no landscape? 13 about the lighting red I assume you've read those cad 14 MIL REED That's correcL If we look at 14 you agree with those and you don't have any problem$ 13 the details of the ordinance. is with those at this stage of the game? ; 16 My ENGffi.BRECBT: 2S to 50 percent would 16 MA CLEN 4: No problem, uo. 17 require 17 MR. Powew stunk you very latch, sir. I I MR• REED A rears improvCment to satisfy 18 MR. ENoEt9Raur: Is there anyone present 19 MR. ENt3ELERECHT: to the Improved area and 19 who would like to speak in favor or this petition? 20 over 50 percent would require the entire area? 20 Anyone present to speak in favor of the petition? In 2l HIL REED Yes. 21 that case, anyone present to speak in opposition h the 27 MR. ENOELBF ECHT: Am 1 wrong in saying we 22 petition? Anyone pr, -=t to speak in opposition? 23 Just built a brand new four-lane street right In front 23 Seeing no opposition, rebuttal is walved. Public 24 of this facility? 24 hearing is closed Mr. Reed has no final staff remarks. 2s MR REEU we have Improved that portion of 2S Commissioners, do you have any questions of Staff. any Page 266 Page 268 1 the road to four lanes. I comments or a motion? Mr. Powell. 2 MR wonsRECHT: considerable public 2 MA rowELtl Mr. Chairman, I would move to 3 Improvement hem on two aides, Is it possible to have a 3 recommend approval of 99.027 with the•oonditions I 4 condition that any addition to the property would 4 mcommeeded by staff. s require cull landscaping? Is there a problem with 5 Ms t ANM second. 6 making that a condition legally? 6 MA. EweLAAWIrr: it's been moved and 7 MR BUCEK: TWO 11 9 a6sight eointg can. 7 seconded to recommend approval with conditions as e You can put landscaping conditions on whatever you want. F outlined by stars. Any discussion on the mottos? ALL 9 MA. ENGELBAECRT: okay. That's all I wanted 9 In favor raise your right hand Motion aria 10 to know. Thank you. Any other questions for staff? 10 tmanimoasly. I I Thank you. Is the petitioner or petitioner's I 1 We'll move then to Item 1 I on the Agenda 12 repiesci tative prtaer t? Isthe pc6floocr or it this evenity.' which is to bold a public bearing and 13 pc6doner's representative present? 13 consider making a recommendation to the City Council 14 MR LYNN: I was asleep there for a minute. 14 co cooing ?he.Ing of 28 acres from Sb*I&Famlly is My name is Troy Lynn. I reside at 4393 East McKinney is 10 to Sh4le-Family 7 zoning district. Thor property is 16 Street, Just a tittle east and north of the location 16 located on the cast side of Loop 288, the south side of 17 you're talking about. I did request for this tanning 17 Audm Lute, and die wed 6169 of MOM Rand. The ~ 18 and that being - well, the City wankel part of my is propood is to develops single-family a"vidoo. Mr. 19 property to make that Mayhill Road wider. Well, widaut 19 Reed will provide us with tiro staff report f 20 me taking a lot of time here, I appreciate you people 20 Mx mm ?bank ^ Chaircrift 21 staying up here and banging in hoe with We situation. 2I MR. D*nSREC M At Ihis time I'll open the 21 And if I knew I'd have been d& long, l think f would 22 public herring. 23 have done went home, but that's fine. Anybow. 23 Pit RE m. The age before to tonight 24 1 d.m't have any fuhae plans right now to 24 Involver 28 acres d site Audre Lane add Leap 288 23 build but 1 wetted thh dose for the future use and so 2S Intersection std Mryhill Road I'm sure due Commission, PLANNING AND ZONING COMOSSION MAY 12, IM Page 265•- Page 26€ 20. t ATTACHMENT 3 NOVICE OF PUBLIC HEARING Z•99-02T The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 12, 1999. to consider rezoning a 2.39 acre site totaled on the northeast comer of Mayhill Road and McFdnney Street from an Agricultural (A) zoning d strict to a Light InuusLdal (LI) zoning district (sec map on backside). The property Is legally described as r-acts 152 and 153 out of the M. Forrest 3 Survey (Abstract 417), In the City of Denton, Denton Counly exm. The public hearing will start at 5:30 p.m, in the City Council Chambers of City Han located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commissim would like to hear how you feet about this zoning change request and invites you to attend the pubrk hearing. Please, In order for your opinion to be taken into account, return this form with your comments prior to the date of the pubic hearing. (This in no way prohibits you from attending and partklpating in the public hearing.) You may fax It to the number located at the bottom, man it to the address below, or drop it off In-person: Planning and Development Department 221 M. Elm ST Denton, Texas 78201 Attn: Wsyaa Reed, Planner It The zoning process Includes two public hearings designed to provide opportunities for citizen involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of tho subject property are notified of the zoning request by way of this notice. Tho first publlo hearing is held before the Plarining and Zoning Corranission. The Commission Is Informed of the percent of responses in support and In opposition. Second, the zoning petition Is forwarded to the Clty Council for final action providing the Commisskxt recorrroends approval. Should the Commiselon recommend dental, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit wrilten opposition, then six out of seven votes of the City Council are required to approve the zoning change. Those forms are used to calculate the percentage of fendowner opposidom Please cle one: In favor of request NeuRral io request Opposed to request Comments; Z9 Signature: Printed Name: C E Ma111ng Address: e Al. /h A f t,. t- r )4 A City, Slate Zip: E o, '2. 0 e) Telephone Number, v7) ` o - Sf ,o Physical Address of Property within 200 feet- 2 a fb Avg: L L CITY OF DENTON, TEXAS VTV HALL WEST 4 DENTON, TEXAS 70201 s 040,340.5350 ~ (F) 940.3401707 2•99427 L#98l h'rua.doe 21. NOTICE OF PUBLIC HEARING Z-99027 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 12, 1999, to consMer rezoning a 2.39 acre site located on the nortF,east comer of MayhIll Road and McKinney Street from an Agricultural (A) zwiing district to a Light Industrial (Lt) zoning drat; ict (see map on backside). The property is legally described as Tracts 152 and 153 out of the M. Forrest Survey (Abstract 417), in the City of Denton, Denton County, faxes. The public hearing will start at 5:30 p.m. In the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of o subject property, the Planning and Zoning Commission would like to hear how you loot about tills zoning change request and invites you to attend the public hearing. Please, in order for your opinion to be taken Into account, return this form with your comments prior to the date of the public hearing. (This in no way prohlblis you from attending and partklpating in the public hearing.) You may fax. it to the number located at the bottom, (rail It to the address below, or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Wayne Reed, Planner II The zoning process Includes two public hearings designed to provide opportunities for citizen Involvament and cornment. Prior to the public hearings, landowners within two hundred (200) feet of the subject properly are notified of the zoning request by way of this notice. The first public hearing Is held before the Planning and Zoning Commission. The Commission Is Informed of the percent of responses In support snd In opposition. Second, the zoning petition Is forwarded to the City Counon for final action prrvlding the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (300) feet of the site submit written opposition, thon six out of seven votes of the City Council are required to approve the zoning change. These forma are used to calculate the percentage oflandowneropposhlon. Please circle one: In avor Neutral to request Opposed to request Comments: s1 r ~E,. MAY 1 '.j7 I!!, , Signature: "'W Printed Name: c h ~n_ JI O;r lrlu arr 7 I i Mailing Address: ~I+ rr, City, State Zip: 7420T Telephone N-iml: Physical Address of Property within 200 test: s. CITY OF DENTON, TEXAS CITY WLLL WEST # DENTON, TEXAS 19201 ~ 040.349.9350 ~ IF) 94D.349.7707 1.02-071 Legal tkVO7 ow 12. e uS uP AA 5UN 11,71 FA\„Qtu 1M7 151e urluydrrtf 8enkluck ®u01 j NOTICE OF PUBLIC HEARING I Z-99-027 I The Planning and Zoning Commission of the City of Denton Will hold a public hesMg On Wednesday, May 12, 1999, to consider rezoning a 2.32 we site located on the northeast corner of Mayhili Road and McKinney Street from an Agricultural (A) zoning district to a I.lght Industrial (Lt) zoning e.;Stw (sae map on backside). The properly Is legally desuiD4d as Trash 152 end 163 out of the M.. Forrest Surrey (AbsUsc). 41T), In the City of Denton, Denton County, Texas. ' . . The pub he hearing will start at 5:30 p.m. In the City CoundI Chambers of Clty Halt located at 215 E. McWnney Street, Denton. Texas, Because you own property wiWn fwo hundred (200) feet of the subject property, the Plonnkrg W Zoning Commission would Ike to hear how you Not about this Zoning change request and Wfies you to attend the public headep. Please, In order for your opinlon to be taken into account, return this form with your comments prior b the date of the public hearing. (This in no way prohibits you from offending and participaling in the pubDC hearing.) You may fax It to the number located at the bottom, mail k to the address below, or drop it off In-person: Planning and Devslopment Department 221 N. Elm BT Denton,Texes 76201 Attn: Wayne Reed, Plar net Il The zoning process includes two public hearings designed to provide opportunities for citizen Involvement and comment. Prior to the public hearings, landownsm within two hundred (200) feet of the subject property are notified of the zoning request by way o(thls notles, The first public hearing Is held before the Planning and Zoning Commisslon. The Comnlesion Is Informed of ft percent of responses In support and In opposition. Second, the zoning petition Is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commisiton recomrrmeW dontal, the petitioner may then appeal the request to the City Council, If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit Witten opposition, then sh out of seven votes of the City Council am roquired to approve the zoning change. These foms era ased to celculsfe the permfoge of landowner opposlBon. Please circle one: p In favor of request Neutral to request posed to request Comments: A W U-4 FOh-, ex/ 7-0e (Z) L 4AA& Qe a d, 7`7fE F,01e. %S 7- of wj 7" d .Q s 17r i s -r CAW h4o(d<y d~V',d ~1($Ki"Wy Signature. I / 0*1 .040A liltX JV.4A& Aiaetr- AJ. JA Printed Name: ,14;JAn Malting Address: / - ~1Y City, State 7rp: 7~e•rTn./ .~tY,fl ~6 n E` r l) ' Telephone Number, gSLD ?P.t (k,- Physical Address of Property whhin 200 feet 39~LF e, 1,4 ~~(A~~ X94 1 CITY OF DENTON, TEXAS cmr ttnu wesT - DErrT -N, TEX#a 7e2-o1 • l Lmzzf 1pM Pkece ace 23. 6 ATTACHMENT 4 Y ORDINANCE NO. AN ORD F THE CITY OF DENTON, TEXAS, PROVIDING OAST FR M AGRIC ) ZONING DISTRICT CLASSIFICATION AND ON TO V D LIGHT INDUSTRIAL (LIJCJ) ZONING DISTRICT ON AND S TION FOR 2.39 ACRES OF LAND LOCATED AT KINNEY N THE NORTHEAST CORNER OF MAYHILL ROAD AND MCKINNEY STREET; [DING FOR A PENALTY IN THE MAXIMUM AMOJNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99.027) WHEREAS, Troy Glenn, the owner of the subject property, has applied for a change in zoning for 2.39 acres of land from Agricultural (A) Zoning district classification and use designation to Light Industrial (LI) zoning district classification and use designation; and WHEREAS, on May 12, 1999, the Planning and Zoning Commission recommended approval of the requested change In zoning; and WHEREAS, the City Council finds that the change In toning will be in compliance with the 1988 Denton Development Plea, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the zoning district classification and use designation of the 2,39 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from Agricultural (A) zoning district classification and use designation to conditioned Light Industrial (L1JcJ) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: I. Floor Area Ratio. Total developed floor area shall not exceed a 0.50:1.0 floor-to-area ratio (F.A.R) or 52,034 square feet. 2. Lighting. Lighting on the property shall be designed and maintained to as not to shine i on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion Into the night sky. SECTION Il. Thai the City's official zoning map is amended to show the change in zoning district classification. SECTION 111. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance Is A ~ c> violated shall constitute a separate and distinct offense. 24. . G u SECTION IV. That this ordinance shall become effective fourteen (14) days from the date 4 orits passage, and the City Secretary Is hereby directed to cause the caption of Ws 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 or its passage. PASSED AND APPROVED this the day of .1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITYSECRETARY 13Y: APPROVED AS TO LEGAL FORM: IIER13ERT L. PROUCY, CITY ATTORNEY I BY: i, 2i. u . a EXHIBIT A f X2.99-027) 2.11 Acres men or loss All that certain treat Of land sitnetad to the M, sanest Surrey Abstraot Number 417, City of Dentea, Danton County# luxes and being all of the called one we treat described to the dead gram DJ. Sord at ux to hey D, Olean at ux recorded in Volume 1110 " 144 of the Dead Records Of Deoton Countyr Texas, and all of the called coo and me half sofa First treat desertbad in the deed Ores John 0. Freemen at us to 'troy D, Oleos "carded In Volume 1714, Page 144 of the seal PrePerty Records of Dented County, Texas the subiest tract being more particularly dasaribed as follani E I 38312110M Car the Mortbrast corner of the tract Wing described haraiar at a 1/2 inch iron red at the Southwest career of a called 2,247 acre tract described to flea dab grom Mildred Morrie to Carl leuabAft It um recorded in Volume 2111, :age 400 of the said Reel Property Records lad at the eacupied and "counts ad Northwest aoraer of the said one son treat on the feat side of Maybili Roads a CI South Of Degrese 27 Minutes 06 lecoadd Past with the south line 09 the Said 2.207 care tract and ►-lw agreed Mart6 ltoo of the two 03-am treats a distance of 114,1 Rest to a 1y inch Iran rod at the oamoied and naegaised Northeast corner at the said one and One hale acre First tract Red the louth4aat corner of the 2447 acre tract so the Meet line of a aallsd one acre locood treat described in the dead from John 0. FrNmao at ur to Troy D. Olean recorded in Volume 1745, Pape 904 oU tba sold Real PeoParty Reoordso ZVIMC1 loutb 04 Degrees 41 Minutes not with the lest Yoe of the one acre Second tract and the Vast line of the sae and one half ban First tract a distance of 171.4 test more or leas to the 5outh46st earner thereof an the North right-of-way of FM 21ghwey 421 (last KOSLOW Stnet)l ZXVMCS North 71 Degrees 1d minutes wait with the North right-of-May of PH nigbway 428 R total distance of 101,S fat one of load to the southwest downer of the said one sere tract am the Nest aide of Wayhill Aoadl TNW Worth 02 Degrees 42 Minutes test along the Vast side of MorUll Read with the fast line of the one acre treat a distance of 245.0 toot man at less to the POX= OF Ra01MN1Ng and enclosing 1.11 aaras of land swn or loss. 6 ~1 f ' 26. ~ ' C; AGENDA INFORMATION SHEET Agendat~° Agenda Rarn • Date AGENDA DA'iTEt July 20,1999 DEPARTMENT: Planning Department CMlDCM/AChI: Rick Svehla, 349.7715~j SUBJECT -Z-99-030: (Carnrel Properrler) [fold a public hearing and consider rezoning 2,13 acres from an Agricultural (A) zoning district to a Commercial (C) zoning district. The subject properly is located on the south side of 1.35 East and south of Lillian Miller Parkway, immediately west of Carpet Max. The proposal Is to permit the development of commercial business. The Planning and Zoning Commission recommended approval (4.0) with conditions. BACKGROUND The subject property is presently undeveloped. It has seven hundred and thirty (730) feet of frontage along the 1.35 East frontage road. It is adjacent to the Carpet Max more to the east. There is a twenty plus acre homestead to the south. This residential property is used for cattle ) grazing and a siuglafamily residence. The applicant is requesting the rezoning to develop the site in a manner that is compatible with the existing Carpet Max location and reasonf,ble for its proximity to the interstate. % The subject property is located in an Agricultural (A) zoning district created in 1969 with the { City of Denton`s first zoning ordinance. % The proposed development is consistent with the policies of the 1988 Denton Development , Plan (DDP) as applicable and the 1998 Denton Plan (DP) Policies and the 1999 Growth Management Strategies and Plan (see Attachment 1 - Comprehensive Plan Analysis section and Enclosures 6 and 7). r Two (2) properly owners were notified of the zoning request by certified mall on May 16, 1999. Three (3) courtesy notices were mailed on May 14, 1999. Informational signage was placed on the subject property on May 12, 1999. As of this writing, there has been one response and it is neutral to the (,.)posed rezoning (see Attachment 1 - Enclosure 8), Due to the location of the property, the I;mited adjacent properties and the responses received, a neighborhood meeting was not held (see Attachment 1 - Enclosure 4). PRIOR ACTION R .VIEW i ' A The follo%%Ing is a chronology of 99-030, commonly known as Carmel Properties: r'' t Application Date - April 6, 1999 P& 7, bate- May 26, 1999 I u ESTIMATED PROJECT SCHEDULE 'The subject property is not platted and would need to be platted prior to any development. FISCAL INFORMATION Development of this properly will Increase the asses -d value of the city, county, and school district. It will require no short-term public improvemen.i that are the responsibility of the city. Some -xtcnsi(,n of public infrastructure may be necessary to service this site. P&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval (4A) of this zoning request with the following conditions: I . That permitted land uses be restricted to those permitted by Ordinance 95-116, minus dormitories, boarding or rooming houses. 2. 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 s 3. That the floor-to-area ratio be no greater than 0.25:1, allowing for a maximum of 23,196 square feet of building area 4. All loading dock and dumpster areas shall be screened from view of 1.35 E by solid, opagne, screens (d-ices, walls, or vegetation), reaching a height r' 0_s1 six (6) feet above grade S, That any metal exterior material shall not be allowed on any builoiag ..evation (wall) visible from 1.35 E. i Subsequent to the public hearing before the Planning and Zoning Commission, staff has realized that the list of three permitted uses in Ordinance 95.116 are no longer permitted within a Commercial (C) zoning distric! Those uses are: 1. Petroleum Produts, Storage or Wholesale 2. General Manufacturing and industrial Uses 3. Correctional Facilities Refer to the copy of Ordinance 93.116 attached to the Pla%ning and Zoning Staff Report (see o Attachment 1 - Enclosure 9, Exhibit 2). Because these land uses are no longer permitted within a Commercial (C) zunidg district, which the applicant is requesting, they can not be Included. It Is legally permissible to remove land uses from a list of permitted uses within a zoning district; however, it Is not possible to add land uses to permitted uses. Therefore, staff has struck these land uses from the draft ordinance approved by Legal (see Attachment 3). r OPTI NS c. 1. Approve as submitted. 2. Approve with conditions. 1, Deny. 4. Postpone consideration. S. Table item. U i i I 1 AIJACHMENTS 1. Planning and Zoning Commission Report, May 26,1999, Z-99.030. 2, Planning and Zoning Commission minutes from May 26,1999. 3. DraROrdinance, 4RUt lly s ubmtted, onaldson Assistant Directorof Planning and Development Prepared by: Wayne ed f Planner ' :r` { ATPACHMENT l s 0. ' Aga~ds Itrrfl ~ / PLANNING AND ZONING COMMISSION STAFF REPORT Sublect: Carmel Properties Case Number: Z-99.030 ;i1itf: Wayne Reed, Planner II AWwda Date: May 26,1899 Hold a public hearing and consider rezoning of 2.13 acres from an Agricultural (A) zoning district to a Commercial (C) zorlrg district. It Is located on the south side of 135 East and south of Lillian Miller Parkway, Immediately wost of Carpet Max. The proposal Is to permit the development of commercial business, IIp I i f . T Y g ' J - 1 h SITE ,i): fY n uy5 : O / r . X+a `y~' {ter; e ,ht ? ill j SCSfiin LOCATION MAP Location: South 1 35 frontag) road, next to Carpet Max. ~ j'• Size: 2,13 acres 4VV.ItIq!'/ ka~fNrp.e Ar `J` i SIT ~ Applicant I Owner: Don Hill and Everette Newland Carmel Propoertles P. 0. Box 1708 LewlsvllloJX 75087 The s,,+bject property is presently undeveloped. It has seven hundred and thirty (730) feet of frontage stung the !•25 East frontage road. It is adjacent to the Carpet Max store to the east. There Is a twenty plus acre homestead to tho south. This residential property is used for cattle grazing and a single- family residence. The applicant is reque.dng the rezoning to develop the ails In a manner that is compatible with the ex'sting Carpet Max location and ressonAble for Its proximity to the Interstate. 1988 Denton Development Plan Analysis The 1988 Denton Development elan (DDP) shows this area to be within a Moderate Activity Center. These areas emphasize a diversity of land use developments. They are Intended to place jobs and housing in close proximity to one another. Vehicular trip generation due to development within Moderate Activity Center Is restricted to 350 trips per day per acre in order to bt ence land use with road capacity. Staff finds the proposed development to be consistent with bath the policies and trip Intensity standards of the 1988 DDP (see Enclosure 8), 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) policies and the 1999 Growth Management Strategies and Pian are to be used In conjunction with the 1988 Denton Development Plan in evaluating the consistency of proposed development with the long range vision for the city. The Growth Management Plan shows this property to be on the border of a Co..Rlerolal Area. These areas are Intended to accommodate business at key nodes throughout the City. The plan recommends that commercial uses not be located continuously along corridors in &'Strip* manner. Staff Ands the proposed development to be consistent with the adopted Growth Management Plan and Strategies as well as the 1998 DP Potlcles (see Enclosure 7). a➢v.e~u ir sn~x.p.,,,,r~ 5, . ~f ll I l I I 1. Transportation Trip generation General commercial or retail development generates sixty (80) trips per 1,000 square feet of building area. An a.,erage level of development for commercial uses Is 10,634 square feet per acre. (An acre of ia:id contains 43,560 square feel) On a 2.13 acre site, that translates into roughly 23, 076 square feet of building area. If the site develops In this manner, the land use could generate a potential 1,385 trips per sae per day. As this she Is located on 1-35 access road staff believes that adequate capacity exists for the proposed use. Table 1. Proposed Land Use Trip Generation d Use Average Trip Total Trip Maximum Bulldoul 0oneratlon Per Generation mercial 80 Vips11,000 1,385 10,834 square feet/acre ;AJlow9;dTr1 p Gener ation 350 tripslacre 745 Modcrate Activity Center Difference +640 188% above allowed trips ' CdouLllom prov drd by N WIN& of Trempoftlon [nplmon, W. B. Access The site has direct access to South 1.35 frontage road. C. Road Capacity The 135 east frontage road Is designed to carry approximately 6,000 trips per day. At present, the most recent traffic counts for this road indicate that there Is adequate capacity to handle the trips generated from the proposed development. D. Pedestrian Linkages Sidewalks along all public streets are required. 1 2. Utilities This she has access to existing water and sanitary sewer lines (see Enclosure 4): Water: Existing 14 Inch waterline along I-35. Wastewater: Existing 8 Inch gravity sanitary sewer approximately 450 foot south of 1.35. Sanitary sewer extension or on-site septic system will be required to service the site Fire: Existing tiro hydrant is located of southeast corner of 135 and State School Road. Fire hydrants .IJ will be required at 300 foot maximum spacing. l9 VdlO !'Z 17efJ F, puH drc 6. { FDrainage nd Topography pment will be required to design and construct a drainage system to city standards. ry drainage study will b e required with the submission of a preliminary plat. The study must Include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property. The developer must Indicate the method by which the run- off will be carried across the property or stored on the property. 4. Signs As per the sign ordinance. 5. Off-Street Parking New development must provide parking according to the regulations of Section 35-301 of the Code of Ordinances. The total number of parking spaces roqulred for this development Is based on one space for every 200 square feet for a total of 100 parking spaces. 6. Landscaping This property will have to comply with the new Landscape Code, which requires fifteen (16) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). Also, because this property abuts an Agricultural (A) zoning district, which Is a residential classification, any commercial development will have tc provide screening along the adjacent property line. 7. Lighting Lighting on the property should 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. t 8. Environmental Quality Impacts No negative environmental Impacts have been Identified. January 14, 1909 - The subject property was placed In the Agricultural (A) zoning district and tend use classification by Ordinance 69-01. The subject property Is not platted and would need to be platted prior to any development. Notice of the zoning request was published In tLe Denton Reoord-Chronicle on Sunday, May 16, 1999. Two (2) property owners were notifled of the request by certified mail on May 16, 1999. Three (3) courtesy notices were mailed on May 14,1999. Informational slgnage was placed on YY91)Jh!'Y Sni{IN.P•'7 dM 7. 1 i ~ the subject property on May 12, 1999. As of this writing, there has been one response and it Is neutral to the proposed rezoning. Due to the location of the property, the limited adjeoent I properties and the responses received, a neighborhood meeting was not held. Staff recommends approval of Z-99.030 with the following conditions: 1. 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. That the floor-to-area ratlo be no greater than 0.25:1, allowing for a maxi.num of 23,196 square feet of building area. 3. All loading dock and dumpster areas shall be screened from view of 1.35 E by solid, opaque, screens (fences, walls, or vegetation), reaching a height of at least six (6) feet above grade. 4. That any metal exterior material shall not be allowed on any building elevation visible from 1.35 E. These conditions are consistent with the applicable conditions set forth in Ordinance 95-116, which applies to the Carpet Max property next door. V t✓ .7~ ak4 4. f, r`r'9 v ~t~ ~g.~rr JW.W ` , , 73x 51 I move to recommend approval of Z•9M30 with the following conditions: I + 1. Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding raOlential property or to shine and project upward to prevent the diffusion Into the night sky, 2 That the floor-to-area ratio be no greater than 0.25:1, al!owing for a maximum of 23,196 square feet of building area 3. All loading dock and dumpster areas shall be screened from view of 1.35 E by solid, opaque, screens (fences, walls, or vegetation), reaching a height of at least six (6) 11 feet above grade. 4. That any metal exterior materra! shall not be allowed on any building elevation visible from 1.35 E. A , 1. Recommend approval as submitted. 2, Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. ~a n1n ri v,urk.p,f e.,,~ 8, t. b 1. Vicinity Map, 2. Zoning Map. 3. Utility Map. 4. 204` Property Owner Notification Map. b. Denton Mobility Plan Map. 6. 1968 Denton Development Plan (DDP) Policies. 7. 1996 Denton Plan (DP) Policies (2 pages). 8. Property Owner Responses (1), 9. Ordinance 95.116 y i r.yvn~ui~ u~R.y,ne~ 9. r . v r_ ENCLOSURE 1 NORTH Z-99-030 (Carmel Properties) ITE 41 r~ %vu Ix I 1 ` VICINITY MAP Agenda Date: May 20. 1999 io. Scale: None G Y U i ENCLOSM 2 NORTH Z-99-030 (Carmel Properties) ,~i a5f♦ ~ T MFA(c) c(c) ,QF•, • SITE ' it j lob 41 An C( arm tr rn/~~ r~rrL rrr r~rr ~ ~rrrrrr r, ~ I , t'(C) PO 20 r 1 , ~r rr rrr rr~ T ' + 4 PD 70 r ZONING MAP r' Agenda Dale: May 28, 090 11, scale. None ENCLOSUR$ 3 NORTH Z-99-030 (Carmel Properties) • ' • 1. SI E i • EXISTING UTILITIES MAP • Hydrants Water Line (W. L.) • lbwsr Lino (S. L.) Agenda Data: May 26, 1999 Scale: None 12. 0 F I~ ENCLOSURE 4' I NORTH Z-99-030 (CARMEL PROPERTIES) I I M I r • i ' ClNTlR 1 < < SATE ■ 200 FOOT B FFER 500 FOOT B FFER WND "MR LN ll.llilllllll 1"1'1 200.500 FOOT NOTICE MAP • r Agenda Date., May 20,1043 Seale: None 13. C i. ENCLOSURE 5 * ~ i NORTH Z.99-030 (Carmel Properties) S • ~Jv ; I r 11r • 6 i' rbrr~`r tI Q "~bo r J . SIT .r' r• • ur VAND W^R LN uuruurunrl•••'•r DENTON MOBILITY PLAN MAP N Freeways Primary Major Arterlals N Secondary Major Arterlals A Collecton Agenda Date: May 26, 009 Scale: None lt. u u ENCLOSURE 6 i F1988 Denton Development Plan Anelyals The table below provides a summary of the 1988 Denton Development Plan policies applicable to this project: Denton Development Plan Polky Ann"Is Sulnlnary Moderate Acdvky Center Development Rating vs. Policy POLICY COMMENTS I > cor,r.I_ Inkeft roe uea ere ew&d to enwurage, ey of imd use i In err fttoaerie w*thvr. ~ x InEwRySLnArd. Modarete Addy NVmd bbr&ly r 350 we Centae M hm a sbndsrd v#kk bV AWWd Intwidty 445 blphRe b"W*WV= x oivershy. Lard use diventty is ddlrbd as Lars other than N dwhant wid lAw in the eras k d a mmwrdal, rehA W hduJA and Wes. x M~h'tlsnelhhowlM• t9~ti•MHiy Notepploble ' bdn0 hA NA Lew Dewily neiylrAmfroe~ H"rog SaWkV wfkd. rro6eNon. SIng%-" m0enees drarAd tx pr&ded by dit site dedr mMrd, v6 do aft" butye VG end lan mOng, x Wp Co wrdef. the plan enmure0es oerdvs ce budnw edd+tly W+,k =rog Aip mmwrdal x . A~ C z ev nee rr x4rffa,n Nl eye 15. t t ENCLOSURE 7 4 ' f 1998 Denton Plan Policies Analysis The table below provides a eummary of the 1998 Denton Plan Policies appllcabl3 to this project; Denton Plan Policy Analysis Summary Development Rating vs. Policy CATAGORY POLICY Inmrsistent consistent Transportation. CampInwts Dentmb UxV Range Thor u fare Pan, y X Prwnotes Access Management practices x opt irnm operatlo s for emerga:.y service pivAders and other pudilc se v ce provldem X Promotes pudic traraportatlon system, e_^Y1 X ContHhjtes to the Denton TnNs notwork, Stormwehr Drainage. Protects 100-year rlaodplaln areas in accordance with t tendxi's watershed management plans. eonfat" to $=I subdtvlslor. rwabons f D ' X Contributes to re&rW detention fadlrtlea M". VP Provides for naval npanan env mment al*v Iloodplaln, x Upgrades existing substandard drainage systems as hAli and redevelopment oocw. X Water and Develops and maintain property and private o Wastewater. Intrastruduro. h X Creates oppwtunity for averiii&og water and wastewater % c , s: ' • Imes to meet we development demands, ~ t w Provides rtview of proposed water and wastewater 7t` , ; y s Inkastrucd rt to VIM public safety and heft. } X Promotes Will evvvementi over new line extensor ","l• ; X Electric. P arid rimtsidenuml r des oder"undet~ rvtp for new resldentlal x Solid Waste. Promotes effidait access to aN development far soNd r waste service delhvpy. y` X Pariu and Rewatlon. Locates parks and reaeatlon fadlides In Kwrdanee with r the Parks and ItWeabW Strategic Plan. Enhances parks and recealbn apporlmliles for residents. Reserves Aooddaln for parks and open space to aid In v floodpialn mnservatim efforts. .4 Allam mrnbring of parks with other pub% facilities to addeve custlAtttlve delivery of pubic services. Residentld drvefoprrent ti»,Rd dedl ate land or fee h t Neu of land fa Wghbwhood parks, i Erwlrornnental Quality. Prom&.es pew obw of natural raa,rms, X A f, Integrates eMA*-P rU protection with emnark % J growth and mnmwdttr 4vefop rient X z vv~,,o i•z tir,urx,~...r.r,~. 16. . t i ENCLOSURE 8 NOTICE of NuLSLIG. HEARING Z•99-030 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 20, 1999, to consider rezoning a 2,13 acre site located on the south side of t45 East and south of Lillian Miller Parkway, Immediately west of Carpet Max from an Agricultural (A) zoning district to a Commercial (C) zoning district (see map on backside). The property is legaihr described as Tract 8 out of the Daniel ,Lombard Survey (Abstract 784), In the City'of Denton, Denton' County, Teitas. The purpose of the zoning change is to permll the development of comr. ierclal business. The public hearing will start at 5:30 p.m. In the City Council Chambers of City Hall located at 215 E, McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Plonnkig and Zoning Commission would like to hear how you fee/ about INS zoning change request and Invites you to allend the public hearing. Please, In order for your opinion to 1 be taken into account, return this form with your comments prior to the date of the public hearing. (This in no way pmNbks you from attending and partIcfpaling in the poNlo hearing.) You may fax It to the I numbor located at the bottom, mail It to the address below, or drop it off In-person: Planning and Development Department 221 N. Elm ST Denton, Texas 762Q1 Attn: Wayne Reed, Nanner II The zoning process Includes two public hearings designed to provide opportunities for citizen, Involvement and commenl. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are Willed of the zoning request by way of this notice. The first public hearing is held before the Planning and Zoning Commission. The Commission 19 informed of the percent of responsas In support and In opposition. Second, the zoning pellildn Is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend dental, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the alto cubmil written opposition, then six out or seven votes of the City Council ere required to approve the zoning change. These forma are used! r lculat6_(hepercAitagooflandowneropposidon. P10060circl a. I~i (y or Q~~equoesl eutral to request Opposed to request Com ont : 11 <~rrr;~ ms's n + n ~J=rlr Signature: Printed Name: Lz, f Mailing Address: City, State Zip: Telephone Number: _Q D rc'9/ a ~7T A Physical Address of Property within 200 feel: CITY OF DENTON, YEMS CITY 14ALL WEST -DEMON, TEXAS 76201 040.340.0360, (F) 440.so.rr07 z•saaxzoan+~,.eoe MONIES 17. 76 - ENCLOSURE 9 ; i ORDINANCE NO. 4J5'-- & I „ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DE9IGNATION TO THE LIGHT INDUSTRIAL CONDITIONED (LI(C)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 4.2721 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF I-35E0 APPROXIMATELY 1,000 FEET SOUTH OF SOUTHRIDGE SHOPPING CENTER, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT It ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN] PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF AND PROVIDING FOR AN EFFECTIVE DATE. I WHEREAS, Rob Raynar, on behalf of Paul Lockhart (owner of the property), has applied for a change in zoning for 4.2721 acres of land from the Agricultural (A) zoning district classification to the Light Industrial Conditioned (LIM ) zoning district classifi- cation; and WHEREAS, on April 26, 1995, the Planning and zoning commission recommended approval of the requested change in zonings and WHEREAS, the City Council, finds that the change in zoning will be in compliance with the Denton Development Plank NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs SECTION I. That the zoning district classification and use designation of the 4.2721 acres of land described in Exhibit 1, attached hereto and incorporated into this ordinance by reference, is changed from thi Agricultural (A) zoning district classification and use designation to the Light Industrial Conditioned (II(C)) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, with the following conditionst 1. Permitted ussn are restricted to the uses described in Exhibit 2, attached hereto and incorporated by reference herein. 2. The total floor area for all building(s) constructed on the 4.2721 acres shall not exceed 25,000 square feet. 3. No "off premise" signs (as defined by Section 33-2 of the Code of Ordinances of the City of Denton, or its suceas- i sor) will be permitted. /At 4. All loading dock and dumpater areas shall be screened from the view of 1-359 by solid, opaque, soraens (fences, walls, or vegetation), reaching a height of at lest six feet above grade. if vegetation is chosen, the owner of i 28. U ii I I 77 the property shall maintain such that it rempins opaque throughout each year. 5. That corrugated, or any other metal exterior, shall not be allowed on any building elevation visible from I-35E. 6. The owner of the property shall maintain all trees larger than two (2) inches in diameter, where any portion of their trunks are located within 2.5 feet of any property line, and this duty shall attach to the zoning. SECTION 21. That the City's official zoning map is amended to show the change in zoning district classification. SECTION-ILL. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated, shall constitute a separate and distinct offense. SECTrgN 1V. 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 dAll"d-ay of ALI , 1995. . BOB CAS'i'LEBERRY, Y t ATTESTf JENNIFER WALTERS, CITY SECRETARY PY tom' j.LG s 19. , r 79 1 a-99-0(x }FLLppit 7081 N g rrpp 77 II 1j No-W,5 D19TOO2C~~NT CR S. THE D. LAMBERT SURVEY ABSTRACT ALL THAT gCgERT S UfIN TRACT 0 ARCEL OF LAND RVEYLLrR)C6.1UMSERCA84~R LYING IN HE D. CAMBER OF ppAgg IC uEugDg pp3~~9~~3 A E p [~TT0 y,UK TEXAS D BMW, p/~R NONVgl9~1~S~RtT1972~RECOL Aa IN A T Uu DT& ERTom{ B1MgW, J7~C FOLLOfi COUNTY. TEXAS DEAND 66o j PAp 16 J18 RECORAY F Sr INO MORE PARTICU io DE8CRI8ED AS fifOINNING ACRE TRAC A1' AN IRON PIN AT THE SOUTHEAST CORNER OF SAID 6.393 ACRE TRACT, TT gg p E M M p r p LIHECOl08AID56 16b ACRE6T~t~rCTEAN4 AELON C08DAIIDSNEARTgATjj 60UTHNCE bIBTANCE OF 158.51 FEET TO A FENCE CORNER POST FOR CORNER; A ONDS rpFS THRM&E 6NC 1 DISTAMCE001, 537(D 3511EETR OR ANTRON Ark ZDItOC0 jN~IREARHA 251N47 /OE 33O8 O S6 MI llTE E 00 RNER= pp y ga~ppp eT tg 7' R 8 INgTLMNRCCSTATE ~gIOSNMApYyoNO. a~SPpIN ON TE 80UTHRi8T~i0ATDOF~-fiAC~ g~ lifOHM~SRI0THT-OF-i1l1YRA5DISTJINCENOlE615~I35!'3RTDT06~SIROOTPIN E~R yyCOyR~NEgRt 22 DD pp AA AA gg gg ppp Ngg ~E . Op L11 D WAT~ 0TkE9P0INT Ot AISO'N"INO RANDCCONT7EII INO4 ST21~iTCERAS; 1 ACRES ' l I { 20. 8 0 - CASE NZ-95" PERMPITED USES Primary Residential Uses ' Dormltory, Boarding or Roominj House Hotel or Motel M Gallery or Museum Institutional Ai SMW Users Church or Rectory Colleje or University or Private School Community Center (Public) Day Camp Day Nursery or Kindergarten School Folraround or Esltibitlon Area Group Homes Home for Care of Alcoholic. Natodc or Psychiatric Patients Hospital (General Acute Care) Hospital (Chronic Cue) Institutions of Religious of Philanthropic Nature PubUc Library Morse" or Convent Nurslns Home or Residence Hone for Aged Park. Playsround or Public Community Center School, Privato primary or Secondary School, Public or Denominational SeMal, Business or Trsde Accessory Building Utility, Accemrv Incidental Uses Community Ceara (Pawte) FJeetdW OenerstLtf ni Ek4tr W Substadoa EiloetdW Transmission Line Temporary Field or Conkruction Oftlce (sabieca a gprorsl sad email by it t WI&## tarpsdw) Aire Station or Similar Public Safety Building Gas Trnumisston Line W Meterins Station Private Swimmias Pool Telephone, Business 0(fice Telephone Line and Pactwile Switching or Relay Station 21. i s 81 Amusement, Cahmmk( ltndoar) Cauyry aub (Pdvmo) with Ooif Courae Pubtle Golf paws Cmunerew Golf Omm Public Ark or Playground Public Playfield or Sidium Roller or ice Skating Rink Swim or Tennis Club Theater. Other than Drive-in Type Bus Station or Terminal Tf1IIlQOriatbn Related Uses Hauling of Storage Company I` Motor Freight Terminal Auto Laundry Autamoblk Service M Gasoline Service Station (intaprctai as gas statioglconvenience store) Atuigue Shop Retail gnd T1'PLU Bakery or Confectionery Shop (Retail) afderia Cleaning and Pressing Small Slap and Pickup Custom Personal Service Shop Drapery, Needlework or Waving Shop Florist of Garden Shop Greenhouse of Plant Nursery (Retail) Handirnh Slap Household Appliance Service and Repair Laundry or Cleating Scif Semew MLneosnph. Stationary Of Letter Shop Mortuary or Punera) parlor OPlias, Ptofadonal and Administrative Off Premise Sak of Beer andjor wine On Remise Sale of Beer w4or Wine licensed Rlvale Club Resuurant Retail Store and Shops4,000 square fat or lea Retail Stores and Shops-over 4.000 square fed Studio for Photographer, Musician. Artist or Health 1i Greenhouse of Plant Nursery Aarkultural T Used 22. i7 82 way (1a) t 7`vtaa Uaaa BuBdin8 Wisteria) Sales Courtet and' Upholstery Shop Cleaning and Dyeing Plant (Commw6l) Cleating Plant, Bap Of Carpets (SpecW Egniptnen1) Clothing Manufacture or Light compounding a Fabrication " Job Hinting or Newspaper Printing Laundry Plant (CommacLl) Milk Depot, Dairy, of ke Gam Plant Paint Shop Petrolown Products, Stonge•Wholesale Plumbing Shop Scientific or Reaarurh Laboratories Storage or Sales Warehouse Transfer, Storage and Baggage Terminal Wholesale Office and Sample Room nmk Maiiiifaduring and Industrial U2162 Light Manufacturing or lnduurial Uses which meet the performance nandards prescribed by Section 33-318. Permitted Uses With Approved Specific Use Permit Correctional Fatalities Pfatemlty, Sorority, Lodge of Civic Club ,i i I r i 23. t PLANNINO & ZONrNO, 5-26-99 ATTACHMENT 2 Page 219 1 MS. APPLE: He IS. I Us time, 1,11 answer your questions. e. 2 MA ENGELBREM: We have finished the 2 M& ENGELSRECW: Commissioners, Any 3 case now that I ndnk about that. 3 questions? Public notification and responses? 4 MIL Rrro: walking back In. 4 MR. REED: Public n,)tificikdon was much S MIL ENGELtIRECHT: He was watching. s easier on this case. 'There were only two property 6 We'll most on to Item 13. Commissioners, let ra know 5 owners within 200 feet and only three physical 7 if you want to take rive minutes here At any point in 7 residents within 500 fat That would have been 8 tuna 8 Mr. Henry Thomas, who is located and is adjacent to 9 MR. R15HEL: Take rive, 9 this property located to the west of It and is 10 MR. ENGELORECHT: Take five now. All to adjacent to iL He owns a large 20-acre tract hen n right. Let's take five. And then wewill come back 11 and still resides here and has cattle that grazes on 12 (Break taken) 12 the property. He Was given A cor, tesy and it legal I3 MR. ENGELBRECM: Okay. We Will 13 notice. Carpet Max just to the south was given a I 14 reconvene the Commisslon at this time. We'll move on 14 legal and courtesy notiee. The other courtesy notice is to Item No. 13. Is to hold a public hearing and 15 was to 3335 I.33 Noah, :45 E, which is on the other 16 consider making a recommendation to the City Council 1e aide of the freeway just south rrr re or less of these 17 concerning the rezoning of 2.13 acres from 17 two properties. of all of those sent, we received 16 Agricultural to Commercial. The property Is located I a one response. And that was neutral. And that was 19 on the south side of 1.35 E And south of Lillian 19 from Mr. Henry Thomas, the resident adjacent to rids 20 Miller Parkway, Immediately west of Carpet Max. The 20 property. 21 proposal Is to perinit the development of comuterclal it m& ENOELItuva: Commissioners, any 22 business. Mr. Recd is going to provide us with at 22 questions for staffl 23 this time, I'll open the public hearing. Mr. Pad Is 23 MIL DONALDSON: I'd just 15M to point 24 going to provide us with the staff report 24 out that in your backup starting on page 18 are list 25 M0. REED; Thank you, Chairman 25 of permitted uses on the at1jaoent Li zone district Page 218 Page 220 I Engelbrechl. The property here is located just on I that you may want to consider adopting as a condition 2 the south side of 1.35 south of Lillian Miller or 1 2 for this particular case. Keeping in mind they do 3 should say southeast of Lillian Miller and 1.35. 3 provide the light industrial uses at the cod on page 4 This property is adjacent to what we all know ar 4 20. 3 Carpet Max. The footprint of that structure is not S MR. REEL} Which this request would not s on this map here, so I apologize, But it would be 0 allow. 7 located right here in this Lt condition zoning 7 MR. ENGELBRECUT: Yea, Mr. Moreno. s district, In staff's report I refer to the proximity a MR. MORENb Mr. Chairman, if It's not 9 of this site to that site. 9 too late, I'd like to apologize to Mr. Reed for my 10 Recently, the Commission considered the to pointed questioning during tl to last case. I didn't I I rezoning of the property or excuse me. Not a 11 mean that in a -ins personalmode. 1 was just 12 rezoning but an Amendment to some of the conditions 12 trying to make a poInL So my apologles to you, l3 concerning square footage of that particular zoning !3 Reed. 14 district to .dow 10,000 more square fed to 14 MR. REED No problem. 1s accommodate another structure called Achiever's Gym, Is MR. ENGELBRECHT: Any questions for 16 1 believe. So this request is for conditioned to staff with regard to this case at this time? Okay. 17 commercial or excuse me. It's for commercial 17 in that case, is Petitioner or Petitioner's to Staff has placed conditions In its recommendatior to representative present? if you would, please, give 19 relating to total square footage, as Well as 19 us your name and business address for the record. A 20 lighting, proximity of loading docks and dumpatcr 20 ' MR. HILL oood evening, ladies and (r ~ ` 21 areas within view of 1.35 and exterior materials. 21 gentlemen. Cod bless you alt. My name Is Don Hill, 22 1'd be happy to - I'm trying to simply make this a 22 and I am a Realtor ^ a Realtor agent with Vanderlaan 23 very concise presentation. And If you have any 23 Associates. And I'm here as the representative of 24 questions, for you to ask me. I can elaborate on 14 Carmel . roperties out of Lewisville, Who 10 the 25 those conditions as they are printed on page S. At 2s Petitioner in this case. And I stand ready to answer STOFFELS & ASSOCIATES iDENTON, TEXAS (940) 565-9797 Page 217 • Page 22( 24, ' l c. _ CondenseltT' PLANNING & ZON1NO, 5-26-99 Page 221Page 223 1 any questions, t material shaft not be that no yes. That any 2 MR, ENOELURECUT: Commissioners, are 2 exterior material shall not be allvNed on way 3 there any questions for the Petitioner? 3 building elevation visible from 1.35 E. ALd that 4 MIL RISHEL: Yes. Mr. Hill, in the 4 MR. REED, You want to include meta) in s previous zoning can of the Lt that's immediately 5 that statement? 6 next to that we had some conditions that were placed 6 MR. Kivu! Do not. Yes. Yea. And 7 on 14 would you object to elirrtlnating dormitories, 7 that the perntted uses of the adjoining property s boardrooms, or rooming houses? 1 light industrial shall be as previously enumerated 9 MR. HILL: Not at all. 9 less dormitories, boarding houses, rooming houses, 10 MR RIsHEt: Thank yo.4 sir, 1D and student housing. I i MR. H1LL: And the other conditions I1 Ms, APPLE: rm sorry. Could 1 have , 12 that staff 12 you repeat your fourth condition? i didn't 13 MR RISHEU Or student housing? ; s MR. RISHEL: Yea. 14 MR. HILL-. Yeah. No student housing. 14 Ms. APPLE; - understand you. 13 We're also in agreement with the conditions that Is mF RuELr rd be happy to. That any 16 staff recommends. 16 metal exterior shall not be allowed on any building 17 MR. ENOELBRECHT, okay, Any ether t7 elevation visible from 1.35 E. 'thank you for is questions for Mr. Hill? Thank you. is clarifying that, 19 MR. HILL: Thank you. 19 MS. APPLE Okay. Thank you, 20 MR PNOEL13RECUT: Is there anyone 20 MR. ENOELBRECHT: Is there a second to 21 present to speck in favor of this petition? Anyone 2t the motion? 22 present to speak in favor of the petition? In that 22 M5. APPLE: 01 second that motion. 23 case, is there anyone present to speak in opposition 23 MIL ENOELBRECHT: 1'd like to interject 24 to the petition? Anyone present to speak in 24 a comment that last year we Isst meeting we 23 opposition to the petition? Seeing no opposition, 25 discussed stopping &111;00 p.m. And given my the Page 222 Page 224 l we'll walve rebuttal. The public hearing is closed. 1 way 1 w23 speaking earlier and 1 other remarks 2 Mr. Reed, any final staff remarks? 2 since 1 think maybe that 3 MR REED; No. 3 MA. RISHEL: That proves the point 4 MR. ENOELDRECHT: commissioners. any 4 MR. ENOELBRECHT: -we've proven that 3 comments? Questions of staff? Or a motion? S tonight. Any discussion on the motion? All in favor ' 6 MR RISHEL: Motion. 6 . also your right hand, Motion carries unanimously. 7 MR. ENOELBRECHT: W. Rislxl. 7 MR. REED: May 1 ask Commissioner 6 MK R1514EL: Yes. I'd like to move to s Rishtel to repeat the four uses that he omitted 9 recommend approval of Z-99.030 with the following 9 slowly, to conditions. Lighting on the property shall bo 10 MR RI5HELr if you looked at the top j i i designed and maintained as to not shine on or it of the permitted uses, it UM about dormitories, 12 otherwise disturb surrounding residences' properties 12 boarding, rooming house, And I added and student u or to shine and project upward to prevent diffusion 13 housing. 14 Into de night sky. 14 MR. REED; okay. Is To the floor, to excuse me. That is MR. ENoELBRECHT: Basically, it's the 16 the floor-to-aces ratio be no greater than .25 to l 16 primary It's just the primary residential "a i? allowing for a a maximum of 2,300 excuse me. 17 listed up there and then student housing. I is 23,196 square foot of building area and no loading 1s MR. REED: Thank you. t 19 dock or dumpster area shall be that all loading 19 MR. ENOMBRECHT: Item 14 on the 20 docks and dumpster areas shall be screened from view 2D agenda. Thank you MI gentlemen. Sorry to waste all 21 from 1.35 F. by solid opaque screening via fk7oes, 21 that time for a one minute hold a public hearing 22 walls, and vegetation, reaching a height of at least 22 and consider making & recommendation to tlo City 23 6 foot or above the ground. 23 Council concoming the rezoning of 6,08 aces located 24 And that all metal building exteriors 24 east of Ruddell approximately 70 fad south of 23 shall be excuse me. Or that all metal exterior 23 Lattimore Street from one fami!y dwelling SP-7 to a S't'OFFELS & ASSOCIATIRS DBNPON, TEXAS (9401 5 65-97 97 Paga 221 • Page 224 25. MIAMI 1 t, a ' Y{7{.LGLlYOLILhueCdepflL(}LV0w Doc, mrn4WrA ATTACHMENT 3 ORDINANCE NO. I jW ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO j COMMERCIAL WITH CONDITIONS (C[C]) ZONING E ISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2.13 ACRES OF LAND LOCA9En ON THE SOUTH SIDE OF I.35 EAST AND SOUTH OF LFLLIAN MILLER PARKWAY, IMMEDIATELY WEST OF CARPET MAX; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, (Z•99-030) WHEREAS, Everette Newland, acting on behalf of Carmel Properties #4 L.P., has applied for a change In zoning for 2.13 acres of land from Agricultural (A) roning district classification and use designation to Commercial (C) zoning district classification and use designation; and I WHEREAS, on May 26, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policie,, and thu 1999 Growth Management Strategies and Plan; NOW, THEREFORE i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1, That the zoning district classification and use designation of the 2.13 acre property described in the legal description attached hereto and incorporated herein u Exhibit A is changed from Agricultural (A) zoning district classification and use designation to Commercial with conditions (C (c]) zoning dictrict classi ficmion and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions, 1. That permitted land uses be restricted to those described in the list attached hereto and Incorporated herein by reference as Exhibit B. 2. Lighting on the property shall be designed and maintained to as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night a 3. That the floor-to-area ratio be no greater than 0.25;1, allowing for r maximum of 23,196 square feet of building saes 4. All loading dock and dumpster areas shall be screened from view of 1.35 E by solid opaque screens (fences, walls, or vegetation), reaching a height of at least six (6) feet above grade 5. That any metal exterior materiel shall not be allowed on any buiNng elevation (wall) ; visible from 1.35 E. 26. SECnQN 2. That the City's official zoning map is amended to show the change in zon:.,g district classification. SECTION 1. That any person violating any provision of this ordinance shall, upon conviction, be fined a am not exceeding $2,000.00. Each day that it provision of this ordinance is violated bhalI constitute a separate and distinct offense. SECTION 4. 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-Chronlcle, a daily newspaper published In the City of Denton, Texas, within ten (10) days of the dale of its passage. PASSED AND APPROVED this the day of ,1949. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ' APPROVED AS TO LEGAL FORM: li ERBERT L. PROUTY, CITY ATTORNEY } BY: r l 27. EXHIBIT A (Z-99-030) 2.13 ACRES FIELD NOTES to all Ihat cortaln tract of lend Wabd in the Daniel Lombard Survey, Abstract Number 764, In the City end County c: Denton, Texas and being on of the cened 2131 tore trscl described in the deed from Jury Campbell to Carmel Pnoportles 04 recorded in Volume 2671 Page 443 flea? Props,ty Rseorde Denton County, Taxes as recognized and occupied on the ground; the suNed tract being more perticulerly described as follows; BEGINNINO for the Northwest comer of the tract boing desodbod herein at a soppppeadd Iron rod set to the Northwest Comer of said 2.131 acre tract on the Scuthwerabdy right-of~ One of bhtaretate FOghway 35; THENCE South 51 Degrees 04 M nL%s 00 Sewnda East "N said highway with the Northesoterly Im of osW 2131 we tract along and near a feria a distance of 73620 feet b a W Iron rod roc red for tin Northsseledy coma of 6&W 2.131 acts and the Northw forty comer of Lot III block A Action Cah pet Addition, an addition in taid Cay, socording to 1% Plat twsof recorded in Cabinet N Pop $56 of the Plot Records of Denton County Texas, THENCE South 36 Degrees 56 Minutes 60 Seconds West with the Northwesterly ens of sold Lot 1 and the Sout»ae*V One of sald 2.131 acres along and most a fence a dorm of 251.47 feet to a W iron rod found for the South coma of uld 2.131 aces and this West tom it of od.d Lot 1; T}1ENC9 North 32 Degrees 15 MlnuW4 00 Seeonde Wed. wish the Soutlnvesbrly Or a of sold 2.131 acres along and near a fence purported to be the middle of on old food a distance of 770,65 feet to the PLACE OF BEGINNING and enclosing 2.13 set" of land. These Field Notes with the accompsnylrig sketch were prepafsd from an ono vi ground survey made under ' my Iroclon and superNelon on January 8, 1009, There are no visible of apparent kfWsbns, probuslorn or eesomenb town, , de:- - rLOOD reel J. Krn RPLS No. 4157 ate STATEMENT; I have ext,nined the FEMA Flood Insurance Rata Mop for the City of Denton, Community No. 460104, effective Gab Apd 2,1097 and that map Indicates Ihot thiss property Is not wONn an ldenOSed flood zone as shown on Panel 3116E of sold mop. (Non shaded zone x.) NOTE; THIS SURVEY WAS PREPARED WITHOUT THE BENEFIT OF A TITLE BINDER OR SCHEDULE 5. 28. { i EXHIBIT B b (Z-99-030) PERMITTED USES Pry Residandal Um Hotel or Motel Art Gallery et Museum FAuNional- Irut[ tutional_A slalpse u la Church or Rectory Cc4kje or University or Private School Community Corder (Public) Day amp Day Nursery of Kirderpnen School PairVound of Exhibition Area Ormp Homes Home for Can of Aleoholk. Narcotic or psychiatric patients Hoapiul (General Acute are) Hoapiui (Chtonk Cue) lratitutians of Religious or Philanthropic Nsrure Public Ubrary Monestaw or Convent Nursing home cc Residence Home for Aged Park, Piaygre-M or public Community Center school, private Primay or Secondary School, Public or Denondmil rul school, Bustrwa or Trade Aecesaory Building Coamhunity Comer (private) Electrieal Generating Platt Mocerical Sub"ion Electrical Tmn$mWion Line Temporary Field cc Cot itruaion Office tSuNcet he iAmd end @=W by ie k#ldaa l"F6 0 Me Station or Similar Public Safety Building Old TMNWMion Lire aid Melering Station Private Swiruning Pool Telephone, Business Orrice Telephone Line and Fachange Switching or Relay Station 29. .t i EXHIBIT B rt. (Z-99-030) Anu mmutt, ~►a+IeeL1 itndoor) , u vos) Wm Gov Ccurae Cant wew Cuf Course Public Park or Pla)'around Public Playfietd or Sodium Potter or Ice Ska,tng Rink Swim or Tennis Club Theater, Other than Drive-1n Type Bus Station or Te+mlrul Iminzwk"WAIA-Um mauling or Storage Company Motor Freight Tertnimi Auto Laundry AuWIlaBile strika m dasollM Service Station (Werpreted as W statiotVconveNence store) Arttlque Shop RAA and carvtee D= f U k" {aor Confealonery shop (Retail) lu Cafeter Cle"At Ind Ptasing Small Shop and Pickup Ctutofn Persortal Service Shop Drapety. Needlework or Waving Shop Florist of Garden Shop aroenltouse or Ptaat Nursery (Retail) Hwwicmi. shop Household Appliance Service Ind Repeir Laundry or Cleaning Sol( Servke buy oft .PuunaratUParla Letter shop Offlcea, Professioal Ind Adm rd"jive ON Preatlse Sale of Beer a 4tw wine On PrtwJu Sale of Beer and/or Wine Lkenud Prime Club Restaurant d Retail Story and t r Retail Story and ~ 4,~ tquaro tat or teas Studio for Phot shov Wet 1,000 square feet otmOtt, ►Anskian, Artist or Health Greenltoust or Plan, Nursery 1-- T um 30. i I ~r EXHIBIT 8 (2-99-030) i TM Uses WWI" 1 10Salas Oebinet W Upholstery Shop Cleaning and Dyabig plan) (Cometamial) I plant, Bap or Carpels (Special Equipment) UahlnS Manufacture or Light Con►pou►rdins or Fabrication fob Printing or Newspaper Printing L lAnndry Punt (Cornwrc Lai) Milk Paint De, Dairy, or ke C+am plan, Plumbing Shop Sclendfic or Remmh Ubomor es Storap or Sales Wane>o Trarufer, Stooge and BagpSe Terminal Wholesale Office and Sample Room Permilled Uses With Approved Specifk Use Permit Frateroliy, Sororlty, Lodge of Civic Club k /Al 31. t k AGENDA INGORAlATION SHELT Agenda No Agenda bm_~2 a, We~ 7..~e% AGENDA DATE: July 20, 1999 DEPARTMENT: Planning Department CAI/DCAI/ACAf: Rick Svchla, 349.7715 SUBJECT -Z-99-033: (1.33 6 and Afayhdl Road) Hold a public hearing and consider rezoning 17.692 acres from an Agricultural (A) zoning district to a Commercial (C) zoning district. The subject property is located on the north side of 1.35 East from Pockrus•Page Road to Mayhill Road. The proposal is to permit commercial businesses at this location, i:,cluding the existing manufactured home retail outlet. The Planning and Zoning Commission recommended approval (6-1, Jim Engclbrecht opposed) with conditions. BACKGROUND The subject properly is currently being used as a retail sales outlet for manufactured homes. 11 is surrounded by retail development and light industry (see Attachment 1 - Enclosure 1). The future Dcnion Regional Medical Ilosp'tal is located across Mayhill Road. A Texaco com enicnce store and gas station is adjacent to it aloag 1.35 East as is a small auto dealership. A large undeveloped parcel of land is to the north; it is zoned Agricultural (A). The Andrew Corporation owns this property. Its current facilities are located further to the north on Mayhill Road, Across the freeway there is the lames Wood Autnolex. Most of the property on the south side of the interstate has nonresidential zoning (see Attachment 1 • Enclosure 2), Y The subject property was rezoned from a Commercial (C) zoning district to an Agricultural (A) zoning district in 1991, The existing manufactured home retail outlet is a legal non- conforming status, because it was in existence ut the time of the rezoning in 1991, but does not conform to the regulations of the Agricultural (A) zoning district [Sxtion 35.13 (ax2)], Section 35.13 also precludes the expansion of any non-conforming use. The present land use would be allowed in a Commercial (C) zoning district. The request to rezone will allow this business to operate by right, rather than continue as a legal nonconforming use. i The 1'•oposed development is inconsistent with marry of the policies of the 1988 Denton " Dc•.clopment Plan (DD?) as applicable, but consistent with the 1998 Donlon Plan (DP) Wicics and the 1999 Growth Management Strategics and Plan (,to Attachment 1 - Comprehensive Plan Analysis section). In addition, the draft Land Use Plan identifies this area as a "Regional Activity Center" that should allow the most intense commercial activity in the city. The proposed zoning is consistent with the draft Land Use Plan. Elc%-un (11) property owners were notified of the request by certified mail on May 30, 1999, Three (3) courtesy notices were mailed. Informational signage was placed on the subject property on May 28, 1999, As of this writing, three response from property owners have been received (see Atlach.nent 3). Two are In-favor and one is oppost,d. The twenty percent (10%) rule is not in effect, Due to the location of the property, the limited adjacent properties and the responses received, a neighborhood meeting was not held, (see Attachment 3). J. o PRIOR ACTIONIREVIEW The following is a chronology of Z-99-033, commonly known as 1-35 E and Mayhill Road: Application Date- April 20,1999 P&Z Date - June 9, 1999 ESTIMATED PRO- ,.CT SCHEDULE I The subject property is partially platted. A business currently exists and is in operation on the subject property as mentioned in the Background section above. The existing business can ccntinue to operate without the need to plat the entire 17.692 acre site. However, future additions or alterations to the existing office that would require drainage, street, utility extension or improvement, additional parking or street access changes would trigger platting of this property. At that point the property would have to conform to current subdivision and landscaping regulations. Subdivision regulations would also be triggered if any development was to occur on any unplaltcd portion of the property. rISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. Tt will require no short-term public improvements that are the responsibility of the city. No extension of public infrastructure is necessary to service this site. P&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval (6-1, Jim Engelbrecht opposed) of this zoning request with the following conditions: 1. That the permitted land uses exclude those described in the list attached hereto and incorporated herein by reference as Exhibit B. 2. 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. 3. All loading dock and dumpster areas shall be screened from view of 1.35 E by solid, opaque, screens (fences, walls, or vegetation), reaching a height of at least six (6) feet _ above grade. 4. That any metal exterior material shall not be allowed on any building elevation (wall) visible from 1.35 E. OPTIONS I . Approve as submitted. 2. Approve with conditions. 3. Dcny. 4. Postpone consideration. 5. Table item. 2. I I I ATTACHMENTS 1. Planning and Zoning Commission Report, June 9, 1999, Z-99-433. 2. Planning and Zoning Commission minutes from June 9,1999. 3. Property Owner Responses (3). 4. Drag Ordinance, i Re ectfulI submitted: Mark Donaldson Assistant Director of Planning and Development Prepared b-v: Wayne c Planner I f y r ! 3. i I it II ATTACHMENT 1-~ PLANNING AND ZONING COMMISSION D* ' STAFF REPORT Sublect: 05 E and Mayhill Road 4aae Number: Z•99-033 %A f: Wayne Reed, Planner II Agenda Date: June 9. 1999 j Hold a public hearing and consider making a recommendation to the City Council concerning the rezoning of 17.692 acres from an Agricultural (A) zoning district to a Commercial (C) zoning district The Intent Is to permit commercial businesses at this location, Including the existing manufactured home retail outlet. u. , 1 r t „ ~m LOCATION MAP Location: on the north side of 1-35 East from Pockrus-Page Road to Mayhlil Road Size: 17.692 acres 299 833 Pz stair otwtdoc 4. A=J " 1. GIENEFtAI:INFO M yy/~N Y t sn 1'', C" 1 FV , x kk A"s'*fr .t,. '3.r1 '3 a: «3 rµ. Applicant: Michael Davis Owner: Stephen Ziff M, E. Davis Properties Mayhill Road Realty 1921 E. Hebron Parkway 701 East bay Street Carrollton, TX 75007 Charleston. South Carolina 29403 EXISTING CONDy 0N3, .~w . , Fr, d ~:.5^wa t r r=. ~ . ~ R'.~ St ~ '~•e^'. ~v'F"'. The property Is currently being used as a retail sales outlet for manufactured homes. It Is surrounded by retail development and light industry (see Enclosure 1). The future Denton Regional Medical Hospital is located across Mayhill Road. A Texaco convenience store and gas station Is adjacent to it along 1-35 East as is a small auto dealership. A large undeveloped parcel of land is to the north; it 19 zoned Agricultural (A), The Andr.% Corporation owns ills property. Its current facilities are located further to the north on Mayhill Road. Across the freeway there Is the James Wood Autoplex. Most of the property on the south side of the interstate has nonresidential zoning (see Enclosure 2). COMPREHENSIVE PLAN ►NALYSI3, 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within a low intensity Area. These areas are intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small commercial/retail centers spaced at about mile Intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within low Intensity Areas is restricted to 60 trips per day per acre In order to balance land use with road capacity. Staff finds the proposed zoning to be Inconsistent with the policies and trip Intensity standards of the 1988 DDP (see Enclosure 6). The 1998 Der.t--n Plan (DP) policies and the 1999 Growth Management Strategies and Plan are to be used in conjunction with the 1988 Denton Development Plan in evaluating the consistency of proposed development with the tong range vision for the city. The Growth Management Plan shows this property to be on the border of a Commercial Area. These areas are Intended to accommodate business at key nodes throughout the City. The plan recommends that commercial uses not be located continuously along corridors in a "Strip" manner. Staff finds the proposed zoning to be consistent with the adopted f,rowth Management Plan and Strategies as well as the 1958 DP Policies (see Enclosure 7). The draft Land Use Plan Identifies this area as a °Replonal Activity Center" that should allow the most intense commercial activity In the city. The proposed zoning is consistent with the draft Land Use plan. i l 5. 1 .OpEClAL Q% RMAML 1. trans~ti~atiph Trip generation Typical commercial or retail development generates sixty (0) trips per 1,000 square feet of building area. A typical level of development for commercial uses would be 10,834 square feet per acre, (An acre of land contains 43,560 square feet.) On a 17.692 acre site, that translates Into roughly 191,675 square feet, of building area. If the site develops in this manner, the land use(s) could generate a potential 11,500 trips per day. Though the ;Re Is presently being used as a retail sales center for manufactt,red homes, which does not proiuce this level of traffic, it could be redeveloped with other permitted commercial land uses at some point In the future that could generate this level of traffic volume, if it is rezoned to a Commercial (C) zoning district. The 1988 Denton Development Plan (DDP) Identifies this side of Mayhill Road as being in a Low Intensity Area, directly across from a Major AcNty Center. As such, development is limited to 60 trips per acre per day. Comparing the applicant's zoning request to the DDP trip intensity standard, the potential trip intensity exceeds the skmable trip intensity by 10,438 Wps or 1,083%. The 1999 Growth Management Plan (GMP) identifids this property within a Commercial Area. At this time, there are no trip standards formulated for any GMP land use area. Without clear standards to evaluate the proposal, it can only be said that a request for a Commercial (C) zoning district for this property appears to be consistent with the intended land use for this area, Table 1, Proposed Land Use Trip Generation Land Use Average Trip Maximum Buildout Total Trip Generation Per Generation Canmerclal 60 Irips11,000 sq. ft. 10,834 square feet/acre 11,500 t Total Trip Generation 11 600;: DDP Allo%ed Trip Generation 60 tripslacre Low Intensity Area 1,062 Difference 1083% above allowed trips +10,438 *Cale AtIme provided by the tntltuill ar franaportalbn En0lnaan, 1091. B. Access The site has direct access onto Mayhill Road and South 1.35 East frontage road. C. Road Capacity Mayhill Road is designated as a secondary major arferial by the 1998 Denton Mobility Plan (see Enclosure 5). This portion of Mayhill Road is designed to be a four (4) Pane divided street without parking, providing four (4) lanes of through traffic. It Is currently constructed to this standard with turning an. i. As such, its designed traffic capacity allows for a tolerable tlafflc flow of up to 19,100 trips per day, At present, the most recent traffic counts along this portion of Mayhill Road r indicate that there is more than adequate capacity to handle the additional trips that could be generated by future development. A traffic count on Mayhill Road north of 1-35 East recorded 853 _ trips and another one south of 1.35 East observed 3,979 trips. These traffic counts Indicate that there is adequate capacity on Mayhill Road to handle the calculated Wps that could be generated by the proposed development. 6. ly 135 East frontage road is designed to carry approximately 5,000 trips per day. There are no traffic counts for this portion of the 1.35 East frontage road. There appears to be adequate capacity to handle the calculated trips that could be generated by future development. D. Pedestrian Linkages Sidewalks along all public streets are required. 2, Utilities This site has access to existing water and sanitary sewer lines (see Enclosure 4): 3. Drainage and Topography New developmen! will be required to design and construct a drainage systern to city standards. ! A preliminary drainage study will be required with the submission of a preliminary plat. The study must include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property. The developer must Indicate the method by which the run- off will be carried across the property or stored on the property. 4. Signs As per the sign ordinance. 5. Off-Street Parking New development must provide parking according to the r-gulations of Section 35.301 of the Code of Ordinances. 6. Lagdscaping J This property will have to comply with the new Landscape Code, which requires fifteen (15) trees 1 per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). 7. Lighting Lighting on the property should 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. PROPERTY HISTORY, 1991 - The subject property was rezoned from a Commercial (C) zoning district to an Agricultural (A) zoning district (see Enclosure 2). The subject property Is partly platted. If new development was to occur on any unpladed portion, that r t area would need to be platted prior to any development. i ii I 7. t n PUBLIC NOTICE Notice of the :-oning request was published t the Denton Record-Chronicle on May 30, 1999. Eleven (11) property owners were notified of th!. request by certified mail on this same day. Three (3) courtesy notices were mailed. Informational slgnage was placr d on the subject property on May 28, 1999. As of this writing, thei a has been no response from property owners to the proposed rezoning. Due to the location of the property, the limited adjacent properties and the responses received, a neighborhood meeting was not held. RECOMMENDATION x ` Staff recommends approval of Z-99-033. The property Is strategically located along a major freeway and a secondary major arterial, which provide it access to streets designed to handle large traffic capacity. Mayhill Road and Colorado Road at this juncture have adeq.,ate capacity to handle incr.'ased traffic. Furthermore, the surrounding area has developed over the past ten (10) years in a manner different than envisioned in the 1988 DDP; the current Growth Management Plan (GMP) identifies this trend and supports a commercial and offcelmixed use form of development. The redevelopment of the hospital across the street wlll be a catalyst for new businesses in this area. Some recent rezonings In the area have included conditions. The conditioned Commercial (C) zoning district located across the street has setback and land uses restrictions (see Enclosure 8). Prohibiting the same land uses could create consistency for the area. Furthermore, conditions could be placed on lighting, visibility of docks and dumpsiers, and exterior materials to be consistent with recent approvals for Commerclal zoning districts along the 1-35 E corridor: 1, That the permitted land uses exclude those specifically mentioned in Enclosure 9. 2. 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. 3. All loading dock and dumpster areas shall be screened from view of 1.35 E by solid, opaque, screens (fences, walls, or vegetation), reaching a height of at least six (6) feet above grade. 4. That any metal exterior material shall not be allowed on any building elevation visible from 1.35 E. I~~ MOTION I move to recommend approval of Z-99-033. ALTERNATIVES 1. Recommend approval as submitted. ti 2. Recommend approval with conditions. 1 r,- 3. Recommend denial. 4. Postpone consideration. 5. Table item. 8. . I i t c_I II I f I I. Vicinity Map. 2. Zoning Map, 3. Utility Map. 4. 200' Property Owner Notification Map. 5. Denton Mobility Plan Map. 6. 1988 Denton Development Plan (DDP) Policies. 7. 1998 Denton Plan (DP) Policies (2 pages). 8. Ordinance 93-063. 9. Proposed Prohibited Land Uses. 10.Dratt Ordinance. i I I a I I I r - r• t 97 p I1 F( S..n(r;zgy I I U l II ENCLOSURE 1 e • Z-99-033 (1.35 E & MAYHILL ROAD) NORTH DENTGN REGIONAL g. ,+~tis x MEDICAL e a ANDREW impti CORPORATION _ .d I S E POCIMA PAGE j _ p,• ~~M q ~ i i .mss ,H , J AUT R i `a VICINITY MAP I r' Now" Agenda Date: June 9, 1909 Scale: None 10. U 1 ENCLOSURE 2 Z-99-033 (1.35 E & MAYHILL ROAD) NORTH Gc1 @ - rota j r I I _ 20 + ~ h / A _ .E 110 20 i u I + t,, _ 1 I A 1 1 AI \d A + p C(C) \ 1 \ Pali ZONING MAP A Agenda Date: June 9, 1999 Scale: None lI. ' e L) ENCLOSURE 3 Z-99-033 (1-35 E & MAYHILL ROAD) NORTH % 9 EXISTING UTILITIES MAP • Hydrants E - Water Line (W. L.) - Sewer Lino (S. L.) rl1"\ Agenda Date: June 9, 1399 Sale: None ` 12. ' I i I i ti . 1 ENCLOSURE 4 4 NMI Z- .8 3 I.35 E h!Y a ILL ROAD) 50 FOOT BUFFER , •r~ oewroN nCKMAAL g + I i. Ct~ "II 4rx FF i 10 FOOT UFF R y ~ 1 ~ + P'OCIOIW MCE SI ' 41 200-500 FOOT NOTICE MAP Agenda Date: JUNE 9. 1999 Sale: None 13. whom I~ I ENCLOSURE S Z-99-033 (1.35 E & MAYHILL ROAD) NORTH r b Dew IIEOIONAL • MEDICAL AHORlw • , HOSPITAL' C Im ids • ITE Q i 10CIWS PA0! RD + JAMES MNO , AUTOKEJI y 3,. Oft DENTON MOBILITY PLAN MAP Freeways Primary Major Arterlals 0". Secondary Major Arterials ~ collectors r x I' i Agenda Dale: June 9, 1999 Scale: None 1/. I~ I III ENCLOSURE 6 CbMPREHt NSIY P,.' LYSIS 1988 Denton Development Plan Analysls The 1988 Denton Development Plan (DDP) sh,"s this area to be within a Low Intensity Area. These areas are Intended to be developed primad:y for single family residential development. "'eighborhoods are to Ur serviced by a network of smell commerciaVretail centers spaced at about % mile intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas is restricted to 60 trips per day per acre In order to balance land use with road capacity. Staff finds the proposed development to be Inconsistent with Yte trip Intensity standards and some of the policies of the 1888 DDP, The table below provides a summary of the 1988 Denton Development Plan policies applicable to this project: Denton Development Plan Policy Analysis Summary Low Intensity Area Development Rating vs. Policy POLICY COMMENTS Lcand4e~nt !nor Cansdsted Intsint. These areas represent yr rmry This area has not developed as housing areas within the City. roslM Ulf, but Cmxnerciat. GN" the curtest Wndtlom new finye-ramty development would be kicompatbe with exwq cominerdad development as wen as dk nearby Ugh! Industrial land uses on "I road x Interielty. To be consistent with the AAowed Intensity . 1,062 bWaor Plan, a development O Wd not exceed b Allocated Intensity . 11,500 tripysite anoated intewty, x Site Plan Control. Strki pro" There are no exlsbng low-densny developinent conbc' within 1,600 feet of residental areas in this arcs, existing low dermty residential areim x , Traffk DeWgrs. Access should be provided to ensure that mull-ramify or non-residential uses have amens to coheocrs or larger ortenals with no dyed acuxss through resldental streets. _ x Open Space. SuMdent green space, Not aWable. recreational WNW" and diversity of parks are provided. Pubne PartlclPSUOM Input Into No nearby residents; no neighborhood planning by neghborheod associations and meeting. mundls is encouraged, x tend Use Divers ty, Non-residential and nwlb-farrty development Is encouraged to a Muted degrea x Manufactured housing. This ram d The proposed prohlbted land uses single-farrlhy housing nay be Carnpatbe rerran nynuractured honk parka with cl:velopmenb fn the low intensity areas sub*d to condtions, x r t SWp Commardal. "form of mnbnum strip cornmercim is sbongy dscouraged Irya near low Intensity areas. x i. 47 fl l.I PI SIaY Rgxut,Ocx 15, ~ i f I a~sr.~ria~.ri ENCLOSURE 7 COMPREHENSIVE .SIN ANALYSIS,. 9998 Denton Plan Policies Analysis The table below p;oAdes a summary of the 1598 Denton Plan Poticies applicable to this project: Denton Plan Policy Analyeb Summary Development Rating vs. Policy CATAGORY POLICY inmnsistem APO ode' Cansistenc Transportalton. Canpllmras Deiton's Uxg- xg rinmuovare Plan. x Promotes Access Management Practices x optimizes operanorn far emerpenq sej pmklers and a ~;1 other public savloe providers. x Rargtes public trarmoRatlon systen a j.. x Contributes to the Demmn Trails network • X StormwaW oratnape. PrOach 100-year llood0aln areas in Kmrdalme wft Demon's water4rM managm ent plans x eanronru to local sub&oston regLbtians ;v .e e x Contributes to reON&I detention fadlltles x Prowtes kr MW nparlan emVonment akxp Roodpialm x ` tW*Ies OOV substandard drainage systems as Oil and rei evetDWet =P, S x WSW and Develops and maimaira property and prwtie Wastewratw. Inikas+iucture. r; a x (reates oppWdrAy for my "erg water am wastewater Nnes to meet future development demands jt Prw+des review of proposed water V4 wastewater I Infrastructure to ensure puWie safety and health x Promotes irtl i rprovemerit aver new We edenslorn. h x Electric Provides w4smoourW eleark service (a new reodenbal and nont"der" developnenb x Solid Worsts. Promotes eft4dent access m an development for solid waste servke delivery. x Parks and Recraabon. Leceta parks rW reotation fadlitles in a=rdance with the Parks and Peatatlen Sbategk Plan. X Enhances Parlor and recreaban opp""Jes fa residents. X Preserves lloodplaln for parks srW open space to aid in floodplan mrorvabon efforts, x : 14, Allows amdning c( parks sdth oft r pubs raolan to addeve mst• ffettve deWry of public services. x Residential deveopment should dedote tend or fees kr Peu of land for ndghbriood parks, X EnWronm&0I @uaflty. Prorwtes preservation of natural resources x IntV. ates a mmrvnerU p wtectlon with emaark i ca r growth and mmm.,Mty devebpnenLri~; X k i T 99 217 Pt Slat avpoit Dix L 16. i ~ I i i 1998 Denton Plan Policies Analysis Denton Wan Policy Analysis Summary Development Raring vs. Policy CAyT~~AG~ORY OUCY ,,~~yy~~ ......,.,,yyal~P~,y~~ ma ..VVff.WYf. ft0*%Kma to pAk y lftdRt !}'N 5 ~,r 11 ,rF~. . M" i ma, Iy MM{_ aM11`FWM UM M bow* mOdwtl, x -AV" rod p ewvm OMN rbyeahW& 4 xe X -Ill : ftwoM *ids and pedestrian "ft wwm and - between MO bo tw& to radua "hkUw baps. }f -.f ~ MO emnoonnit tlyt a to ff&tv t a~g hd WtOWL W" a VW" or *Oe tarry bt sea, hAft OM Ua #i vi t, and prig rwga- RewM WAV hOft bdrdg anbrdable hwft, iMIX ' tommmk GoMb4a to a aborg and dver*W b W emnOMy by dvaegtk*ft& w1cu q wrOwffeit and e«pft d* to bae. X Gavw"Rwnt. En U"u Mef9TfHwwa W&dnom to provide mst•eRedhMpi*sar*M X Urban Dadgm Mdraas mmrv*y appwM In a mrnpn wVyt „ rMrvkr. F 'y1~ M4rWft V tedwO appearance of bUlt M *want. V: At NeObwftW ~ ~deve A odraAd be mmpetlde ^ 6 k y: k s fkotlds and presarva DO-ft's udVtectt alhrrd and *1 ' WOO MMML Enharotl the appewm alorq mb# a vawtA x Rmotes the preflrv"w of baa and W dipplnp, d x ►ubUt Imastvanw+f NvAdes an WOW* Ax pAk opinbn dump tlk 4", pranNng proceat t A t w X j r• r /Ir • {'lire ` ~I 2 99 613 Q eta g qt,." 1 doC 17, I i i c i I i,wpdoc@%ordkPd-. 'ti.o ENCLOSURE 8 , I i ORDINANCE NO. 9-9 " 06-3 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT ZONING DISTRICTS No. 91 AND 92 TO COM- MERCIAL (O) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH CONDITIONS FOR APPROXIMATELY 300 ACRES OF LAND LOCATED SOUTH OF LOOP 2881 EAST OF I-35 E AND GENERALLY WEST OF MAYHILL ROAD; PRO- VIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONJ THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Epic Dsvelopment, Inc. has applied for a change in toning for approximately 300 acres of land from Planned Development Districts No. 91 and 92 to Commercial (c) district classification and use designation with conditions; and i WHEREAS, on March 241 1993, the Planning and Zoning Commission recommended approval of the requested change in coning) and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, I THE COUNCIL OF THE CITY OF DENTON HEREBi ORDAINS3 ,SECTION I, That the zonin7 district classification and use designation of approximately 3o0 acres of land described in Exhibit j A. attached hereto and incorporated into this ordinance by refer- 1 ence, is changed from Planned Development Districts No. 91 and 92 to Commercial (e) district classification and use designation with conditions under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION Ii. That in accordance with Section 35-123 of the comprehensive Zoning Ordinance, the use of the property shall be subject to the conditions listed in Exhibit B, attached hereto and incorporated into this ordinance by reference. =710III. That the City$s official zoning map is amended to show the change in zoning district classificatic,A. SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provisior, of this ordinance is violated shall constitute a separate and distinct offense. SECT~11LY• That this ordinance shall become offeotive fourteen f r' (14) dp.ye hereby directed to date e passage, and that city this ordinances toe bta Is pub- lished twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. u PASSED AND APPROVED this the day of ~ 1993. 0 CASTLIBMtRYp MA p ATTESTI JUNIPER WALTERS, CITY SECRETARY 8Y APPRO AS LEGAL FORMI DEBRA A. ORAYOVITCRo CITY ATTORNEY BYt t' e ~ !rY . Y PAGE 9 19. EXHIBIT A i~ L%G&L DERQ".rrION TRACT 1 PAOp"10 E0NIP01 "C(c)" BEING 363.1 acres of land loc&lId In the J. S. Taft Survey, Abstract No. 1356, the Jr. White surveyy, Abstract go. 1633, the Daniel Lambert Survey, Abstract No. 784 and the N.E.P. a P.R.R. Co. Survey, Abstract No. 950, City of Denton Denton county, Texas, being all that certain tract of land Asseribed as Tract I in dead to Epic Development, Inc., recorded in Volume 3245,pe a 619 of the Real Property Records of Denton County, Tames and all of Colorado Boulevard, Southern Hills Boulevard and Mayhlll Road as sb.awn by the plat recorded in Cabinet f, Page 136 o the Real Property Records of Denton County, Texas and beinngg rose Particularly described by metes and bounds to follows& BEGINNING at the Northwest corner of the J. White Surn, being the westerly Northwest of said Epto tract described In deed mention above and the Northeast corner of Lot 10 Block "A", it Golden Triangle Mini-Mall Addition, an addition to the City of Denton Denton County, Texas as shown by the plat recorded in Cabinet P, Page 373 of the Real Property Records of Denton County, Texas) THENCE N 19113039"!, 613.63 feet to a corner of said Epic tract! THENCE N 01103J57*W 396.71 fast to the vast northerly Northwest corner of said Eplo tract, lying in the Southwest ri~ht-cl- way line of the Missouri, Kansas and Texas Railroad is 100 toot wide right-of-vay)) THENCE along the Southwest right-of'-way line of said Missouri, Kansas and Texas Railroad and a Northeast boundary line of said Epic } 7sat as follows$ S 61'26115"E, 1193.66 tut to the 9"1nnIj,'-ax a curve to the Left) f SOUTHEASTERLY, 776.51 feet along said Cun's to the Iwft, havin? a radius of 1960.17 feet, a central angle of 31110 39* and a chord burln¢ 8'51'39'31*E, 730.10 tut to the most northerly Northeast corner of said Epic tract, lying in the West boundary line of a tract of land described as Tract *3* in deed to Z. P. Lesko, recorded in Volume 1316, Pagqa 377 Of the Real Prap*ity Records of Denton County, T'*xas) THENCE S 01039f93"W, 963.34 tut to a 5/1* iron rod tound at the southwest corner of said rake tract, being a corner of said Epic tract) THENCE N 61163450*Z along a North boundary line of said 410 tract and the south boundary line of said Juke tract 1 751151 tut to a roilraad iron found at a corner of said Epic trot! being the Northern vest corner of a tract at land described in deed to the lot state Bank of Denton, recorded In Volume 3190, Page 30 of the Real Property Racorda of Denton County, Texasf THENCE S 001530169W along an Zest boundary line of Said EpiO tract ■nd the West boundary line of said lot State Bank of Denton tract 3099.16 foot to a 1 1/20 Iron pipe found at a corner ' of said Epic tract, being the Southvest corner of said let A,,i State Bank Denton tract) 1~ \ TNENCZ S 19111033*E along a North boundsey line of said ZPie tract and the south boundary line of said lot State Bank of Denton tract, 633.67 toot to a 1/3* iron rod found in the North right-of-way line of Mayhill Road) 20. EPIC DIVELOPMENT PACE 1 OF 4 W1A 193-039 traerq eV le IOe1 EXHIBIT (k TRACT 1 tW11TINIiMD) TRMWCS d 564171310W slarq the Worth right-of-way lima of said Nayhill load, boin)i a Southeast boundary line of u!d tpte tract, 196.71 fast to a 1/19 iron rod founds THZNCZ s 3711400401F along a southeast .wundary line of said Zpto tract, 114.17 feet to a points THEM ti 31'20005"N along a Southeast boundary line of said Wo tract 51.74 bet o a point in the South right-of-way line of Morello sculevtard (an s0 Coot Vida right-cf-vayy)), being at the laglnninq of a non-tangent our" to the Righk, being the Northeast corner of a tyact of land described in deed to Mdrev Corp., recorded in Value$ 3041, Page 717 of the Real Property Records of Denton County, TwMat THINCZ BOUTNWZBTMRLS along the south right-cf-vmy line of said Colorado boulevard (am 80 toot vide right -0 -way), a South DyunI Ig line of said Zpio tract and a Mori boundary line K sad Andrsv Corp. tract, 140.13 feet along said non tangent Curve to the RigQht, having a radius of 640.00 test, a ,central wile of l7.00 005e and a chard hurt s 77'31'19-M, 159.65 tut to a cutback corner at th intersection of the south right-of-way line of said Colorado goulward and the last right-ot-fty line of Waybill Road (LOep 241, a 110 toot Wive ri ht-of-vay)7 TMMCM along the eat right-of-way line of said Mayhill load (Loop 311, a 110 toot Vida right-of-w the last boundary tine of said Zpic tract and the West boundary line of said Mdrev Corp. tract es failowst s 45035819"W, 33.50 feat to a points s 01'00'17"W, 433.95 bet to the moot southerly corner of saki Andrsv Corp. tract! Tnscs a 14443014"W along the Zest boundary line of said Zpia tract, 009.05 bet to a 1/3e iron rod founds THZNCZ s 10.450490W, 73.44 test to a right-of-wayy monument In the North right-of-way line of Interstate Nighvay Mo. 35-s (ca variable vidth right-of-way), being a corner `t said Zpio tracts THMNCM along the south boundary line at said 610 tract and the North rgfiht-ot-vay line of said Interstate RighVay M. 25-Z (a verlab14 width right-of-say) as tollomsl W 49155121"W, 103.95 foot to a Va* iron red founds M 53.32124111, 04.04 feet to a 1/2" iron rod founds . N 40016007"W, 511.31 toot to a 11/3" Iron rod founds. A 52.11131"M, 44.30 feat to a 3/4• Iron rod tocndl N 49.61063"N, 1373.57 toot t0 a 1/26 iron rod founds N 51•oosc0"M, 3230.10 toot to a the beginning of a curve to the Rights NORTNWZSTMRLY, 17.39 tat along sold Curve to the RS t, ( c. having a radius of 110100.20 toot a central angle of 001261320 and a chord bearing M 60450144% 67429 toot to l^"~ the Znd of said Curves m 45117*o0"W, 99.20 fait to the "ginning of a Curve to the Rights 21. ZPIC DtVZ1APlaNT PACE 2 OF 4 WIA 093-610 «--w... w« 44 InAi c. EXHIP" A TRACT Y (CONTIYU1.. NONTNxss""V, 90,06 t t olong ea id Clnrva to the Light, t,avinr • radius of 2 1,26 tat, 4 Control rite o 00a1T723" and a chord baarim N 49'19o31e9, 1~.0 toot to the End at said Curvet . N 29'30#00% 179.31 feet to a points A 03'17'6791;'77.21 tat to the Ugtnning of a non-tangent curve to the Aightt NOATAMSTLUT 71.21 toot along said non-tangent curve to the Right havinngq • radtoo of 11 2030 tat a central angle of 00'11#16e And a chord aoring N 013903191, 74.11 tat t'9"~(q bn/ of said curvet N ,13.45046% 99.30 tat to the Dplnning of a curve to the f Nights 40gTltNtOTSNLY, 119.09 Net along said cuive to the light, having a radius of 11,309,30 feet, a Central angle of 401421344 and a obOrd bearing N 1'02'8319, 139.09 test to the and of said curvet 9 47941#4019 136,70 feet to the aouthvset corner of said NPietract# Wrog the loutheast ourner et Lo;4;w lock 1, Pace's crossing, an addition to the city of Denton County, Texas as sham by the vvlo~t recorded, in COLr;t s, Pale 372 of the Neal Property lot recorded, of Denton County, texas) TMCa N 49618i34012, 481,3E toot to a corner of said bpic treat and a corner of said toot 10 eyock 10 Pace's crossings Termcs is 02'171559$ along a Hest boundary line, of said Epic tract, 1319.33 foe to the PLACa Of MINNINO, containing 243.8 acres of Iend. ~ j f 1 I r A 22, "Ic OMLOPN391T PACE'3 OF 4 w4A 193-019 s I EXHIBIT A • 1q ta"Id pbCKIPTION TRAM 2 PROPOSED LONINGI sc(c)o BEING 17.1 acres of land 1006 in the ad 0, Taft survey, Abstract gas 1256 and the J. White curveyyAbstract go. 1413, City of Denton, Denton Countyy, Texas being all that certain tract described as Tract II In dead to 01G Development Inc.i recorded in Volume 1745 Pa q• N9 of the Resl Property kocorde of Denton County, Texas AM being more particularly described as ' lollove I BEGINNING at the Northeast corner at the J, White survey, being the most mtherly Northeast corner of said Epic tract ddescribed in dead mohtioned abevel THENCE s 024221030V along an test boundary line of said Epic tract 1564.32 loot to the cost southerly corner of said thSo ~ract, lying in the Northeast right-ol-way line of e Missouri Kansas and Texas Railroad (a 100 loot vide right-of-wayi3 THENCE aKanssaas the NSeax&$ Railiroad (a loo toot wide of said Missouri, AM the southwest boundary line of said Spin tract an follows NOATHWISTIOUY, 640.46 bet along a curve to the KSyht, having a radius of 1660.17 loot, a central angle eg 19.41 400 sad a chord bearing N 51016105101s, 617,32 feet to the End of said Curvet N 4112411510W, 2371,37 last to a dnrner of said Epic tracts THHNCR N 01'02+5710N, 177.00 feet to a corner of said Epic tract, lying in the southeast right-of-way line Loop 386 (a variabl4 width right-of-vay)t TNENCR along the southeast right-of-way line of said Coop 211 (a Variable width right-of-wstv) and the Northwest boundary line of said Epic tract as follows N 551290401011 753.06 feet to a points N 6000613510E 34405 test to the most northerly Northeast corner of sold Epic tracts IE THENCE a 0013143102, 30747 test to a corner of said Epic tracts TNENC9 N 6004911508, 321.46 trot to a corner of said Epic tracts 1 THENCE a 0043303188, 1019.11 feet to a`corner of said Epic tracts ` TMUCB N 194131421091 106.07 last to the PL&CB OP BEGINNING, containing $7.1 acres of land. { f d r' 23. AGE 4 OF 4 sPIC k1A 1!! r 1 EXHIBIT B A. SETBACKS FOR BUILDINGS AND STRUCTURFS: There shoal be a 40 foot setback along Di-M and MayfiA Road (futures bop 288) wM no parkhg allowed In tha first (front) 20 feet B. PROMITE0 USES: 1 The following uses, otllery&o parmMed in Utis chirici, or oftrwUi .nhted with approved spelt use permit, shat! be prohtbhed h M oond disV;cl: i. Frimepl Residential Uaee b; Communky W Development Trager Camp or Moble Home F&k 2. Educagonal.Inatltetlond and Syeclat Uua a can*" or Msusdeu;6 b HaNway Haase c Oocaslonai Sala 3. t IWI . Accessory. and Incldantal Usea a Horne Oocupation b Rodlo and Televialon or Wrowave Tanya, 4, Recrestlonal and Enfertelnmant Uses b aka pro~und or F.ahoftri Area c 00 Cart Track Rodeo Grounds Sexu* Ortonled Bwtness rl table, Private Club g . ~ Rental ' St » al t tams. star, Dtive•1n • 6. Aulomoblle Service Ueee , e) Tre Retrudtnp or Capping 0. Rai all and Service Yype UM b; Seconctand Store, Used Furnhure or Rurrnsge Sato V. AgrIcultural Yves Ugol op a Anhet Pound F ) 1 b A* W Okk MtrrrW oHspW or IGrvtaf wfth outside R m a Pere c Hatdwy, Poultry & Commarolal T Uaae e Feed Store b Flu Market c Stange and Sala of Fumlhro of Appliances cutside a bxki"- Trager Rental or Sate f{~uralReaoweeBterlQeerB.ylraeUon r, a) ExtrakdloA and Storage of Sand Cdcfe, Stone, My, a Or" s t 24. 1 ENCLOSURE 9 A SETBACKSFORSUILIHdBANOSTRUCTURM9: Wires F~ a 40 fool h W k r" M46E and Meyhl %o+d {futon loop 2gg) {konq 20 fed B. PROHISITEO USES: 3 The f OMV wee, oth+rvdae pom*od h Oft dl$V ; of c0* *%o enn nod with &Moved spooKo use penrdt, shag be prolWed In We oawnbned cbt&t 1. bI Wo(Comp or Norm Park 2 Eduulional.InelliutlonalandSpot fetUssa a Cemea~leyyry a Mausoleum b HON c~ Oocckww Sclee a Ull ft Accessary, and Ineldantfil Uses bJ Radio ond~ TeleNabn or Mtaowm Iowa. Recraatlo pmrri and Errtertalnment U+H c oo CaAradr EiJdbhlon Area Rodeo Grounds e Saw* Oriented Buelness Q Stable, Nate Club ble, Coma, xcial Rerdal Q AutomebAa Seniea Ussa Tire Retreaft or Capping a @stall and SaMe• Tvpa Uses a Pawn Shop b; Secondhand Store, Used FumRvy or R ereape Sale y~M m ) I b) kArrW OWA ArgrrW 1o plW or K" wRh ~tM Kno or P+ro c))1 Hatd,wy, Pauiby Commerctal Uaa s Feed Store b Flea Me * c Sta+pr and Sala of Furr>nur+ crApptlanm a bide + b<Aidrpj ' Tn4er Rental or Seta e, Uri $jerg erEairae + Fuaractlaf Nd 8laape of BenCa6dn, Scorn, pay', a Oravef v f W&A #02-M pope t Of 1 M.erch$1, It" 25. 1 tl ~i I ENCLOSURE 10 t y ORDINANCE NO, AN ORDIN falvim CITY OF DEMON, TEXAS, PROVIDING FOR OE FROM AGRIC (A) ZONING DISTRICT CLASSIFICATION AND US GNATION TO CO ) ZONING DISTRICT CLASSIFICATION AND USE IO TION FOR 17.6 F LAND LOCATED ON THE NORTH SIDE OF I-35 T OM FOCKRUS- PA TO MAYHML ROAD; PROVIDING FOR A PE MAXIMUM AM OF $2,000,00 FOR VIOLATIONS THEREOF; VIDING FOR AN EFFEC E DATE, (99.033) WHEREAS, Michael Davis, on behalf of Stephen Ziff, has applied for a change In zoning for 17,692 acres of land 8om Agricultural (A) zoning district classification and use designation to Commercial (C) zoning district classification and use designation; and WHEREAS, on June 9,1999, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change In zoning will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: E17.692 acre SECTION 1. That property described in the legal description attached he classification reto and incorporated herein as the xhibit A Is 1 changed from Agricultural (A) zoning district classification and use designation to Commercial (C) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: I, That the permitted land uses exclude those described to the list attached hereto and Incorporated herein by reference as Exhibit B, 2. 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, 3. All loading dock and dumpster areas shall be screened from view of 1.33 E by solid, opaque, screens (fences, walls, or vegetation), reaching a height of at least six (5) feet above grade. 4. That any metal exterior material shall not be allowed on any building elevation visible , from 1.33 E. Ar , n SES'S1Q;y . That the City's official zoning map is amended to show the change In zoning district classification. 26, 1 i , G I ~ I I i j I I SECTION 111, That any person violating any provision of this ordinaries shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a prw.gslon of this ordinance to violated shall constitute o separate and distinct offense. SECTION tV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary Is hereby directed to a,ise the caption of this ordinance to be published twice in the Denton Record-Chtonlcle, 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. I JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 4 { t 27. k, EXHIBIT A i l FIELD NOTE DESCRIPTION: Being a 17,692 acre tract of land situated In the M.E.P. & P.R.R. Co. SurveyrAbstract No. 950 and the O. Walker Survey, Abetted No, 1330, City of Denton, Denton County, Texas, and being a portion of a called 18.2159 acre tract of land as described In deed to Mayhill Road Realty Co. u recorded In Volume 1441, Page 606 of the Real Property Records of Denton County, Texas, and all of Lot It Block 1 of Lakewood Menu lectured Homes Addition, an addition to the City ofDentori, Texas, according to the crop or plat thereof recorded in Cabinet D, Page 213 of the Plat Records of Denton County, Texas, and being a 0.265 acre tract of land situated in the KEY. do P.R.R. Co. Survey, Abstract No. 950, City of Denton, Denton County, Texas, and being all of that certain tract of parcel of land u described In deed as Tract 4 u recorded in Volume 3047, Page 779 of said Real Property Records, and by City Ordinance No, 91.122, told 17.692 acre tract being more particularly described as follows. BEOINNINO at an Iron rod found for the northernmost corner of said called 18.2159 I acre tract, same being the northeast comer of sold Tract 4, said iron rod also being the westernmost comer of a tract of land u described In deed to Andrew Corporation u recorded in Volume 944, Page 424 of the Deed Records of Denton County, Taxis; THENCE along the common line of sold Andrew Corporation tract and said called 18.2159 acre tract the following calls: South 37 degrees 56 minutes 51 seconds East, a distance of 1353,05 feet to ws Iron rod set; North 52 degrees 03 minutes 09 seconds East, a distance of 35.47 feet to in Iron rod set for the westernmost northwest earner of a tract of land as described In deed to the City of Denton as recorded in Volume 1814, Page 619 of said Real ' Property Records; THENCE along the common line of said City of Denton tract (Volume 1614, Page 619) and said called 18,2159 acre tract the following cells: South 06 degrees 14 minutes 05 seconds West, a distance of 128,83 fat to an Iron rod found; w South 37 degrees 56 minutes 30 seconds East, a distance of 40.24 feet to an iron rod fovnd; South 83 degrees 07 minutes 59 seconds East, a distance of 28.20 feet to an Iron rod set; % North S1 degrees 33 minutes 53 seconds Eut, a distance of 242.00 feet to an iron , rod found; r 29, t rr t I f. Y. North 37 degrees 56 minutes 50 seconds Weal, a distance of 150.00 feet to an Iron rod set In the southeast line of sold Andrew Corporation tract; THENCE North 49 degrees 16 minutes 00 seconds East, conil....18 along the common line of said Andrew Corporation tract and said called 18.2159 acre tract, a distance of 146.26 feet to the easternmost corner of said Andrew Corporation tract, same being in the southwesterly right-of-way line of the Union Pacific Railroad (formerly M.K. & T. Railroad), said iron rod also being the beginning of a non-tangent curve to the left hating a central angle of 07 degrees 37 minutes 29 seconds, a radius of 2,914.79 fret, a chord bearing South 35 degrees 10 minutes 58 seconds East, and a chord distance of 387.61 feet; THENCE along the southwesterly right-0f--way line of the Union Pacific Railroad the following calls: Along said non-tangent curve to the left an are distance of 387.90 feet to an Iron rod found; South 37 degrees 45 minutes 43 seconds East, a distance of 351.79 feet to an Iron rod set for the easternmost southeast comer of said called 18.2159 acre tract, same being In the approximate centerline of Pockrus Pago Road, said Iron rod also being a railroad spike bearing North 30 degrees 29 minutes 57 seconds East, a distance of 2.21 feet; THENCE North 85 degrees 43 minutes 16 seconds West, along the approximate centerline of Pockrus Page Road, a distance of 958.16 feet to an Iron rod found for the southernmost southw:st corner of sad called 18.2159 acre tract, same being In the northeast right-of-way line of Interstate Highway 35•E (a variable width right-of-way); THENCE North 48 degrees 27 minutes 57 seconds West, along the northeast right-of- way line of Interstate Highway 35-E, a distance of 253.09 feet to an iron rod found for the southernmost corner of & tract of land as described In deed to Michael W. Eckert et ai as recorded under County Clerk's file number 97-R0023052 of said Real Property Records; THENCE North 41 degrees 25 minutes 08 seconds East, along the southeast line of said Eckert tract, a distance of 173.72 feet to an Iron rod found for the easternmost comer of said Eckert tract; THENCE North 48 degrees 23 minutes 36 seconds West, alonE the northeast line of said Eckert tract, passing the northernmost comer of said Eckert tract, same being tha easternmost corner of a tract of land as described in deed to SAKS Enterprises as recorded in Volume 4155, Page 1927 of said Real Property Records, lit ail a total distance t, . is of 399.55 feet to an Iron rod found for the northernmost comer of sell SAKS Enterprises r. tract, same the easternmost corner ofsaid Lot I; 29. a 1 u 1 THENCE South 42 degrees 26 minutes 02 seconds West, a distance of 174.59 feet to an iron rod found for the westernmost comer of said SAKS Enterprises track same being the southenumost comer of said tat 1 and being In the northeast right-of-way-line of Interstate Highway 35-B; THENCE North 48 degrees 27 minutes 57 seconds West, along the southwest line of said tat 1 and along the northeast right-of-way line of Interstate Highway 35-B, a distance of 278,34 feet to an Iron rod found for the westemmost comer of said Lot 1; THENCE North 38 degrees 57 minutes 57 seconds West, continuing along the northeast right-0f way line of Interstate Highway 35-E, a distance of 94,20 feet to an Iron rod found; THENCE North 04 degrees 36 minutes 00 seconds West, continuing along the northeast right-of-way line of Interstato Highway 35-E, a distance of 118.74 feet to an Iron rod found for the southeast corner of aforesaid Tract 4; THENCE North 38 degrees 22 minutes 29 seconds West, along the south line of said Tract 4 and continuing along the northeast right-of-way line of Interstate Highway 3S-B, a distance of 13,98 feet to an iron rod set for the southwest comer of said Tract 40 same being the southeast comer of Tract 3 of said deed recorded In Volume 3047,Page 778; THENCE North 16 degrees 02 minutes 21 seconds East, along the east One of said Tract 3, a distance of 3S1A2 feet to an Iron rod set In the east line of Mayhill Road {a 120 foot wide right-of-way}, same being the southernmost corner of a called 0.082 acre tract of land as described in deed to the City of Denton as recorded In Volume 3079,Page 358 of said Real Property Records, and being the beginning of a non-tangent'Mrve to the left i having a central angle of 14 degrees 33 minutes 46 seconds, and a radius of 910.00 feet; THENCE along the east right-of-way line of Mayhill Road the west line of said Tract 4 and along said non-tangent curve to the left an are distance of 231.82 feet to an Iron rod set for the northernmost northwest corner of said Tract 4; 1 THENCE South 37 degrees 56 minutes 51 seconds East, along the north tine afsald Tract 4, a distance of 9.73 feet to the POINT OF BEOINI+IINO and containing 17,692 acres or 770,659 square feet of land more or lees and being subject to any and all easements that r may afrect. i f 30. a u 1 I F { EXHIBIT B Ttwo vAh nom ut ke q igaviQ it I~h•*IM•t ~ t•• M • IMP 2" 1 6. PROHIl1TIQ U!!!: Tir• blowfnp wn, oMNrw4• vAh opprovv! ~p•opie u•• pMN4 •W b• pohbAriLdl• d~ a) T~Mniopm•M• F•At 2 ) y k fkMl EJM a b R"W"b Woof •"0fT°•.bvl.bn or Mwo m low I 4 b F&wouldT & &Nbhlon Ara 00 cm kdo ftwo • • O(•M•d Swh••• q (`abl•, • dub ` I, d •bM, Carwn•foW PA(" S. ~!•rWa• Uu' • 94 fAf k*V Of C•pp4g bbl~ aff00flafr•Ifd aloe. Us4d FLsr&n of Rom. ' b) A* W CWq MkroW Ho•pW or Kwd w1h W" km or Pom a Hokt .PoWby P••d !b 0 b M"MNW 1 Stoop and WN of Fur*.n or Appkrom Iwbld~ a bul*V) ~I Twl•r MM•I IN s~l•. 31. . I i Planning and Zoning Commission Minutes ATTACHMENT 2 ti June 9, 1G99 Page 5 01. 8 annexation the property would be zoned Agricultural (A). The rezoning request is for 85.092 acres from Agricultural (A) to Single-Famlly Residential at 4 units per acre and a minimum lot size of 5,750 square feet and 0.082 acre (80 foot x 80 foot area) to Commercial (C) for a future tole-communicatlon lower. (Z•99-025, Top of the Hill Subdivision, Larry Reichhert) Motion by Carol Ann Oanzer and seconded by Salty Rishel to recommend approval to City Council 'Discussion of Item Is Included In Court Reporter's transcript attached to this set of minutes (Page 112). Motion carries 7-0. F 15. Hold a pubis hearing and consider making a recommendation to the City Council concerning the rezoning of 17.692 acres from an Agricultural (A) zoning district to a Commercial (C) zoning district, The property Is located on the north sloe of 1.35 East from Pockrus-Page Road to Msyhtll Road, The proposal Is to permit the expansion of the existing manufactured home retail outlet. (Z-9^-033,1.35 E and Mayhill Road, Wayne Reed) Motion by Elizabeth Gourdie and seconded by Salty Rishel to recommend approval with conditions to City Council. 'Discussion of Item Is Included In Court Reporter's transcript shached to this set of minutes (Page 113). Motion carries 8.1. Jim Encelbrecht opposed. 16. Hold a public hearing and consider recommending approval to City Council a Detailed Plan for Planned Development 129 (PD-129) totaling 15,147 acres. It Is located west of Stuart Road, north of Wolftrop Drive, south of Aspen, and east of Lido Way. The proposal is for twenty-six (26) single-family detached lots (4.55 sues) and forty-four (44) duplex lots (1069 octet tote ling 88 unlta). (Z-99-034, Olymplo Creek Court, Kathryn Nilsson) Motion by Corot Ann Ganzer and seconded by Rudy Moreno to recommend approval with conditions to City CounclI. 'Discussion of item Is Included In Court Reporter's transcript attached to this set of minutes (Page 131). Motion carries 4.3. _Salty Rishel. Elizabeth Gourdie and Jim Enaelbrecht opposed. (Bob Powell left meeting) 17. Hold a public hearing and consider making a recommendation to the City Council to consider amending the conditions of Ordinance 98.255 as it applies to 3517 Teasley lane, a 1.831 acre tract of land, to permit on additional two land uses, specifically a r veterinarian clinic (with no outside runs or pens) and a nursing home or reeldena home A , for the aged, and alter the sign and buHeryard oondillona. The properly Is located on the ( t., east side of Teasley Lane (F. M. 2181) approximately four hundred and seventy-five (475) feet south of the Bent Oaks Subdivision, (Z-99-038, 3517 Teasley Lane, Wayne Reed) Motion by Carol Ann Genzer and seconded by Susan Apple to recommend approval to City 32, t 1 CondeaeeItt"' Paso 113 Page 115 I Ms. OAwLER: 01 say u rubmitted, I Plan identify;-4 and recognizing this cha 41e la 2 MR aisuu second, t development pattern lit this are and a new vision for a, 3 Ma. MEL6ASM: n's been moved and 3 this particular property Is a Commercial are. So 4 seconded to recommend approval or the Planned 4 staff's analysis dytnonsirates that this proposal is 5 Development as recommended by staff. Any discussion on s inconsistent with the 1988 Denton Development Plan but 6 the motion? All in favor raise your right hand. Motion 6 it Is consistent with our 1999 Denton Plan Growth E 7 carries tmantmously. We have to move quickly. Mr, 7 Management Strategies and Plan. 4 8 Powell rays he has a cutoff. Haven't got much time 8 The property does have access to mdoyuato 9 ItIt 9 utilltes and tnnspotwlcn Infraatructure to We'll move onto Item No. 15 is hold a to accommodate a Commercial zoning district. And I would I I public bearing and omslder making a recommeedatlon to 1 I like to point out that the staf'f's do-iiption of the 12 the City Council omo ming rezoning of 17.69 meta from 13 proposed Intent for the;emning is not correct. It's 13 Agricultural to Commercial. The property is located on 13 not neamarily to allow the expansion or the existing 14 the north aide or 1.35 E from Pockrus•Page to Maybill is manuractuiod home retailer outlet there but to allow 15 Road. The proposal is to permit the expansion of the 15 that existing manufactured home retail outlet to operate t6 existing manufactured home ratan outlet, At this time 16 u a p, rmltted use and to allow new commercial 17 I'll open the public hearing. Mr, Reed Is going to 17 businesses to locale on this site at some point in time, 19 provide us with the staff report. 18 And the applicant who Is hero tonight can elaborate on 19 Ma. REED: thank you, Chairman Erg{elbrecht. 19 that. I just wanted to clarify that. 20 The ease before us involves a property located just 20 There are two Iseua that staff wadd like 21 across the rust from the Denton Regional Medical 31 to clarify concerning tits request. Staff provided the 22 Center Hospital, which on the vicinity,vp Is shown 22 Commission with exempla of other conditions that have 23 right hen, in this site hers, 1'd like to clarify a 23 been placed on Commercial zoning In this area, The 24 graphic error on the maps that I have hoe, The acreage 24 firat Is the prohibited trees on the property on the teat 25 is correct, it was just a graphic error on the map, The 25 side of Mayhill, More or less this is the hospital site Page 114 Page 116 1 site does not include sits small eta right hen. 1 and the hospital is but a small portion of that 2 That's actually a City of Denton property and there are 2 conditioned zoning district, Commercial conditioned 3 some utilities located there. 3 zoning district. And on page 29 of the staff report I 4 Moving on, the particular property was zoned 4 theta's a tbt or those prohibited uses on the property 5 Commerclsi back prior to 1991 or into 1991. At that 5 located to the west of Msyhlii ?died. Because on the 6 time the property owner at the time requested rezoning 6 site then is a manufactured bon a outlet center, one of 7 down to Agricultural zoning it was approved. So today 7 the pmbibitod trees listed would actually crate some i a new property owner Is back asking fur it to be zoned I ambiguity as to wihaher or not that would be a pemiltted 9 back to Commercial. In start's analysis of this, we 9 use if We was resorted to Commoclal with these ` 10 find that since 1988 when the Denton Development Plan to prohibited uses. ll I I was approved and identified this u a u being a l I So doff would just like to clarify that 12 low•intcnsity eta, which is for residential use, with 12 When the Commission debates this, h may want to look 13 that 198817",,m Development Plan that low-intensity 13 specifically at use No. 80, which is trailer rentad or 14 area was on the east aide of Ma; hill Road, Just on the 14 zoning ordinance says a mobile borne means the same as 13 wet side of Mayh111 Road here going up all the way I S a house trailer. Staff would further elaborate that e. 16 where Walma-t is and so forth was a n4or activity 26 mobile home Is not the sane as a manufactured home as 17 center and a major activity center was meant to i I defined by the Ilousing and Urban Development Agency of 18 accommodate high-end uses and high-0rnsity family I I the Federal sovohnnxmt If you want to elaborate into 19 development. So even though It was adjacent to a major t9 your motion you tray want to talk about at specify that a 20 activity omtcr, this property is Identified u a 20 taller rental dun not include a manufactured bome or a t 21 low-Intensity area by the 1988 Denton Development Plan. 21 manufactured home lei rMall sale. I wanted to point 22 Howvver, this area has developed in a 22 that out because that Is something that can crate a 23 different manna since 1988 with those different 23 problem with the pLddmw and we have talked show it 24 conditions being evident and discussed In the staff 24 Also in staffs motion, what we have cited 25 MM. Staff does talk about the new Growth Management 25 rmnt conditions placed on other property, on page S of PLANNING AND ZONING COMMISSION JUMP 4 1004 Page 113 • Page 116 33. r. I I Coadeoaells" Page 117 Page 1{9 I the staff report tiaras the No, 4 ocnditiat was or 1 MIL 1122 House trailer. And the person 2 is that any metal exterior material shall not be allowed 2 that you're referrin; to may have been saying that it 3 on any building elevation visible from 1.35 E. Because 3 simply wasn't permitted but staff clarifies that a 4 there is an existing use there where that could bi 4 mobile home or a manufactured home is permitted with a s interpreted to enter every single manufactured home there 5 specific use permit That doesn't apply to the retail 6 that is for We and will be moved orf that lot would 6 We of these structures though, 7 have to hove masonry nr a non-metal exterior. You might 7 MS wivira we.', I think maybe we need to S want to consider rewording that to say that any oceupled l update something with verbiage I'm not sure because 9 structure, which would mean their sales oMoe, could 9 the word "mobile dome" Is very contradictory to what r 10 not have shall not be allowed to have a metal 10 rally Is in play nowadays. That's an old tam and it I 1 exterior material that's visible from 1.35 E. I I no ledger exists. 11iey don't make mobile homes, they 12 With those two Issues Clarified and hivln; 12 make manufactured hones and maybe wr treed to, in the 13 elaborated on the conalstency with out Comprehensive 13 future, look at our ordinance, take thal w ord and put It 14 Plan mid our Growth Management Plan and a dsting 14 somewhere else. 15 conditions, I'd be happy W answer question, Is MR. REED. Staff CHUM. 16 MR. ENOELORECBT: MC GOUrdiC it Ms.000RDtE: Think you. 17 MR OWRDIF: Ijust road clarification A 17 MA REED: And that's in process, of course, 16 mobile home Is not a manufactured home because mobile 16 with our Comprehensive Plan. 19 homes ere no longer being crated because that was 19 M& aoultDle: You guys an so good. 20 the ordinance or whatever the law stales that those 20 MR woeLaRECHT, However, could I ask, is 21 cannot be created after, what, 1976 or sorrethie; like 21 It col possible that they would have a mobile home 22 that? 22 sitting on their lot that was a used strwure that they 13 MR. RCED. That is correct. There are 23 took In on a trade or something else? 14 minimum standards to manufacturing these types of 24 Ms. o0URDiz See, that's what I think we 23 s=tur6s now. 25 need to olmify because I don't think that this other Page 1 I ii Page 120 t W 0OURD1E: And" also have City 1 gentleman that spoke, I think it was about a year or to 2 regulations against bringing mobile homes Into Dcnton 2 ago sold that that's tot possible to do in the City 3 Citylimits. You're not allowed to bring a pm-1976 3 limits. You can't bring it In to resee or something 4 model Into the City 1tr Is that correct? 4 like that. Might in the Ell or something but rot In the S MR REED Not ay knowledge, We rqulale s City limits. " 6 the luation of a manufactured bone petit. 1 have L'e 6 MR REED. t-U read the chapter with that 7 ordinance here and {'d have to look at It maybe when the 7 MS. OOURDIE; Thanks. 1 don't know. I'm S petitioner talks, but 1 don't believe It addresses the 3 )tst recalling. 9 restriction of a mobile home being located in a 9 Ma. REED Any other gtftions? to manufactured tame park, 10 MR. ENOELBRECK: Commlasialers, otha 11 MS. GOOVE, well, t just remember the tut I1 question? Yes, Mr. Reed, do you have in Exhibit B Some 12 time we had someone come forward with a manufactured 12 setback requirements? 40-foot setback along 143 E sod I S housing and they made It very clear that the City limits 13 Maybill Road with no parking In the front 20 feet And 14 does not permit a mobile home In the City Itenits. Ones 14 I'm not sure why I have Exhibit B and then f have is that were preexisting were grandfathcred In but if you 15 Freloeurv 9, which bulcally ays the carte thing. 16 were to bring one In from, Iet's say, California, you 16 MR. REED, Yes, that is the same thing 17 would not be allowed I know that's a mute point. I'm 0 MR. ENotuREctf iday, it is the same to just trying to figure out So mobile homes would not be to ddtg. f.et me ask you, unless this particular tract is r 19 existing anyway, Manufactured homes are what we're i9 subdivided the: would be no current requirements to 20 doing now and a trailer and an Rv am two different 20 meet Subdivision Re;udations, curb, tip. t ! \ 21 things, correct? 21 landsupirg et oelas, 22 MR. REEK our Zoning Ordinance says a 22 M0. REED. Correct. The existing office for 23 mobile borne is a trailer, is the cone its a "Ia. 23 the retell outlet then is on a platted place of 14 Ms. oooamn: okay. I just want to make 14 property but most of the Noma for sale sit outside of is sure. Thank you. 2s that platted 1rWL PLANNINO AND ZONINO COMMISSION AM 9 1999 Pop 117 • Pap 120 34., { lCO~QOGIeilS4 Page 121 Page 123 I MR. ENOELBAEM; sit around. I Pit DAvls: Good evening. My name 16 Mike 2 MR REED: Yes. So it could coconut to 2 Davis and my address is 1921 Eat Ilebron Parkway, v 3 operate as It now exists. INture devetopment on this 3 Ca-TollwN Texas, I represent the owns, Stephen Ziff, 4 site would possibly trigger and most likely htgger 4 Zin Investment Propertki or Chuketon, In your s platting of the enttm tract, S pxrtlcular question about acraening, this patlcutar lot 6 MR ENBELRRECHT: Those could be condition% 4 err Mayhill and 1.35,1 think If you'll drive by I think 7 could they no? T trod everything has *Lru there that's up on the a MR REED. Define those, I frontage rood. Now, stuff that's behind 141 couldn't 9 MR ENOELBRECHT: Landoesping, curb and 9 possibly tell you about that. 10 gutter. 'ibis is a major entryway Into our City. Is 10 The omy'oter thing I can tell you Mr. 11 there a roquim-ment along here with regard to sklrltng 1 I Rood did on excellent job explaining the situation to 12 any of the structures that are dtting there for 0101 12 you. The only other thing I could tell you other than 13 MR. REED.. No, then Is noL I) what he's told you Is the ownership In 1991 when the 14 MR. ENOELBRECHT: SD they can be flitting 14 wning was clanged rrom Commercial to Agriculture was 15 there with the wheels showing and not sklrtod or 15 the same owner. It was the title of the property may 16 anything necessarily? is have been different than it will be, but bastrdly was 17 MR. REM Correct. The other manufactured 17 site same owner Mr. Ziff got some as you know we E I I (tome retail outlets on 1.35 E just down the road from I e were lit the midst or the real estate depreWon and Inc I9 here, the front yard of those lots appear to be 19 property was being taxed as a commercial rate (naked of 20 landscaped and you do not ntoessarily we a manuraclured 20 coming In for in ag exemption. Ilia advisor gave him the 21 home with a skirt or without one. The ones that sit 21 advice to down-tone the property to Agricultural to keep 22 behind that front yard and behind the front mobile homes 22 from paying commercial taxes. It backfired. He's boon 23 or manufactured homes that am on those lots, l don't 2) paying commercial taxes Of some tax rate higher than 24 think arc nacssarily skirted either. 24 agricultural taxes rrom that point on. It WAS not a is MR. POWELU the once south Of there have I 25 good, wise decision. I oulairtly wish he had new had Page 122 Page 124 1 berm that i done it. 1 wouldn't be standing before you tonight. 2 MA. WOELBRECHT: Yeah, there's this (sae 2 Other that that, Mr. Reed has dote an 3 of visibility from the highway And No one there's no 3 excellent job of explaining to you the situation. We 4 requirement for a berm either a any of that wrl of 4 would like to be able to, In essence, go back. I don't 5 thong? S oink you can go back. The hospital drives our 6 MR. REED Bceause It's existing, that Is 6 motivation. The manufactured housing sales lot Is a 7 true. 7 ground fax, Not to say that We wouldn't sell it At I MR. E NOrt9RECH T: okay. Any other questions I any point In time. but al this wLht In time the intent 9 rot staff? Mr. Donaldson, with regard to 9 is to hold the property. As the hospital property 10 MA. DONALDSON. with regard to adding 10 continues its dynamle development, we hope to take I I conditions, there arc guidelines in our Zoning Code at l l advantage or that and hope to do something that would be 12 page 2536 that describe kind of the typology of 12 very similar In the type of business applications that 13 conditions that an be attached, but it does ray I ) arc currently st the hospital properti. If you have any 14 Included but not limited to. Typically, those arc mere 14 questions I'll be happy to answer tem. I s zrning•related issues rather than planing-related is MR FWXLEIRWK: Commissloners, any 16 Issues with the exception of pedoetrfan circulation 16 questions? You understated my eoncena what I was I7 where we have nqulred sidewalks as it function of zoning 11 condng from? This Is a major entrance way. I I whore we've known that the property was platted. It I a MR DAYts Yea, sir. Absolutely. I art not r 19 really doesn't single out perimeter paving type of 19 opposed to I've dote marry ground lases. I'm tat in 20 improvements. That would be worth Investigating 20 the business of manufactured lot business. I'm a Ick ! r N 21 MA ENOELBRECHT: All right. Any other 21 residential k* developer, builder, and broker. I 22 questions for eaffl Thank you, Mr. Reed. Appreciate 22 represent this gent{emas, all this erntlenttat's property i) it, is the petitioner or petitioner's rep exntafive 23 In the Dallas arcs. One of the things flat w I SO 14 present? If you would please give us your now and 24 through la what I all an eoawmic evolution. And what 25 address foe the record. 2$ you ad into In that this to I perfect exanytle of PLANNINO AND ZONINO COMMISSION )UNF a 1019 Page 121 • Page 124 35.' ' t. c. M Condenselt?e Page 12S Page 127 ; I the stretch of land along 1.33 thut't happening with the I come in, that that would be done likewise. They cannot 2 hospital development that's going on. You cross MgWll 2 compete. 3 Road, you get manurscturod housing W that go from 3 MS. GAMER: 1 Just wanted to bring that up 4 there south. Those an going away. I man, it's 4 in CM anybody wasn't swam or It. And I drive by it S Inevitable they're going away. 7bose lands are too S so may times, half the time I don't even look at it, 6 valuable. 6 youlaew. 7 We ail benefit from things being attractive. 7 MR. DAVI& I know what you man, You get The Saks lot benefits from things being attractive, I I ooca tinned to seeing something. We have a rule, and I'm 9 believe It's the, correct me if I'm wrong, I believe 9 getting off, we have a rule in our business don't ever to it's the Oakwood lot that's just ban put in just south 10 drive the sitme route twice. I1 of this for a manufactured housing lot. It's very I I MR, tNostmaft: Any other questions for I2 attractive, very well done. I'm net opposed. I don't 12 Mr. Davis? Thank you. 12 believe Mr. Ziff would be opposed. And 1 don't believe 11 MR. DAVIS: 'dunk YOU. 14 anybody else dial would come in to that location to do 14 MIL ENGEt9RECF1t: is them anyone present iS that would be opposed to Landscaping and making it I S who would like to Speak In favor of this petition? it presentable. These things evolve 16 Anyone present to speak In favor of the petition? in 11 There was a point in time that you could put 17 that car, anyone present to speak In opposition to the 14 gravel down and everybody would be happy with gravel. I I petition? Anyone present to Speak In oppoeklon? 19 Thnose days - I would hope that no one would come lit and 19 Seeing no opposition, rebuttal Is waived. Public 20 try to do that. I think those days are gone. They tell 20 hearing is closed. Mr, Recd would appear to have some 21 me that in the manufactured bouairg business that you 2I final remarlu. 22 can spend 580,000 00 on a double-wide artd if you go out 22 MR. mi>. Yet. I'd like to point out that 33 and you buy an am lot at $32,000.00, you've grt 23 tuff did mail 1 l oer ifled letters to property owners.. 24 $112,000.00 expense In a manufactured house. There will 24 11 property owners within 200 rat of this site and 2S be houses built in Denton, lit the north end of our 23 three courtesy letters. At the time of the staff Page 126 Page 128 1 mctroplex that are stick-built that will be lea than I report, we bad received no responses but I do have some 2 $112.000 00. Thee whole game today U changed. It's not 2 here to land out to everyone, we have Over in favor ) th- same game it was. ) and one opposed which does not trigger the 20 pa=L I 4 MR. ENGELBRECim lhunk you. Any other 4 So I'd like to hand that out right now. S questions? Ms. Gamer, 3 MR. 6NGELBR&'HT: Did you have another 6 MR. GAWP R: I'm Sony. I didn't gel you 4 remark? You had two fingers up tbm ? last name. 1 MR. REED No, that was just two fins sea. I I MR. DM'is Davis I think I've already Indicated staffs recommendation. We 9 MS. GANnk: Davis. That's what 1 thought 9 pit in the staff report our recommendation. Our tux dA 10 it was. 1 drive by this plea ail the time and it scams 10 "Ott going to a Slightly difremot format and wvt're not t 11 to me that it's already nicely Iandsaped from natural I 1 necessarily putting what we recommend Into your modoa. 12 trees and things like that. G it oust? 12 We're giving you the loeway to word your own motion, I S MIL WIS: well, you drive by it all the 13 which you can take more or leas from our recommenda+ioa 14 time. I look at it from the marketing Standpoint. Now, 14 M cane up with a completely different one. IS the hard come, the comer at MayWl1 is very nicely 13 MR e4GELBRE. WI Ms. Goardie, rore 16 MS. 4kXJRDtB: Be YOU Lave 1 Just want 16 done. As you go south and you get Into the ear lot, 11 that *s not on our p convenience IT to clarity. You old that you'd want us to clarify that rMay, and the con 18 doW&u stedon Is not on our property, and I'm not 18 trailer rental or sales slid moFk home are synooytrim r 19 Saying they're not nicely done, but as you wrap around 19 and that manufactured tow is a p ratitted use, Is that Ar t: 20 that, it's not as attractive as we would like it to be. M Correct Out you wanted Out? I ! e it MS. GANrER: But where the Wes Lot IS fa 21 MR REED. Yd, yet, could just say If you 22 the nmufrctured home, it Is vay attract iro to me, 22 were to say that the permitted tend uses exclude those 2) MR. DAVIS: Yea, ma'am. And the homes that 23 specifically mentioned In T:rnclostue 9 with the 24 we oo on the rront of the tot arc skBod and I would 24 clarification that land use ID does not loclude the sale 25 anticipate that in the event that we had another lot 23 of manufactred boenea PLANNING AND ZONING COMMISSION RNI H 9. 1499 Page 12S • PAP 126 36, ' t f andoalelt"r Pale 129 Pale 131 F,,,I MS. GOURDM okay. I gut a D in shorthand. 1 Item Na 16 Is to hold a public hearing and consider m sorry. How about this? Could you clarify that and 2 moonuncrndirg approval to City Council ooneeming the ! c could say according to Wayne? la that fait? 3 detailed plan for Planmad Development 119 i tallinp 4 No. Okay. I'll make o go for it. 1 movo to recommend 4 1$.147 acm& It's located west of Stuart Road, Wh S approval of z-99-0)3 with the permitted land uses $ of WolRrap Drive, mouth of Aspen, and cast of Udo Way. 0 that permitted land uses exclude those gw1fically 6 7be pmpoW is for 26 single- family detached lots and 7 mentioned in Enclosure 9 with clarification of No. 1, 7 44 duplex lots. At this them- i will the open the public 1 Item D, trallei renal or sales, being that trailer 1 hearhg and Ms. Nilssen will provide us with the staff 9 rental and mobile home and syrwnymous and rnanufactumd 9 report, if you would, please 10 home mates is pctmltted. 'Rut light on the property 10 Ma NrwEN: stunk you, Mr. Chair, As I I shall be designed and maintained coo as riot to shine on I I mentioned, this Is a I S-plus acre mile that is located 12 or otherwise disturb surrounding residential property or 12 north of Wars; and west of Stuart As Indicated In s) to Jilne and project upwards to vent the diffuslon Into l7 my backup I've bad two neighborhood meetings, one 1 had 14 the night sky. All loading dock and dumpdo areas 14 on Monday fl*L therefore, I've given you an addendum 15 shall be screened from view of IJS E by solid, oMue Is to this repot, I'm just going to kind of go through to scrams, which can bm fences, wills, or veadstlon I6 the highlights on hen, just kind of go om what we've 17 reaching a height of at last six fat above grade. And 17 actually changed. I I that any occupied structure shill "have a metal It This was a concept plan that was approved In 19 exterior, 19 1917. Previous to that it was SF-7 zoning. The 20 MR. RISHEL: second. 20 detailed plan before you tonight !s, in essence, 21 MR. REED: Can 1 clarify a meal exterior 21 replacing the concept plan. On page 3 I've outlined 22 visible from 14S? 32 diffeanots between the coooept plan and the detailed 2) Ms. co mm: i like that, visible from 21 plan. I'd like to correct No. 3 where the proposal 24 1.3$. U cabs fa a minimum lot size of 6,000 square fad for 2s Ma R1stmu 1'11 still second it. 25 the tingle-family. Actually, the single-family detached Page 00 Paso 132 1 MR. ENGUBRUTT: It's been moved and I will be a minimum lot size of 7,000 square fat. We 2 seconded to recommend approval with conditions, Any 2 find the proposal consistent with the 'AS Plan and 1991 3 discussion on the motion? I have to say I'll be voting I plan, as well as the Growth Management Strategies, 4 against this one. I'm not particularly enthralled about 4 However, the trip intensity standards we 19 percent S the idea of expanding this and I certainly don't like $ higher than was allowed la that area. 6 the ides that at this point it could be expanded 6 Seventy-three property owners were nailed 7 completely around onto Pockrus•Paae Rod. Therefore, I 7 legal notices for this rite and 169 courtesy notices will be voting against it. 1 were mailed. Am mentioned, the neighborhood meeting was 9 In addition, there's no skirting 9 held on June 2nd and 1 t people attended that. Mod or to requimnents for Mayhill W. I don't think this is to their concerns centered around the number of duplexes t I :ppropriste fur our entrance wry. Mr. Powell, wen you I I that were there, the scmenhng, the trees to the west of 12 going to make a comment? 12 the property. the type of material that was going to be u No sir, 1 was going to ask 13 used to construct the homes. The developer indicated I 3 MtL POWL. 14 you to expand on your remarks mere to that 1'd i4 that them would be a possibility of charging the 13 understand them better and you did. 7bank you, IS single-family homes to the west or attached to the wet 16 Mit ENGELSREC}rr: Any other ills MIM On 16 all the atgle•family homes and picking up three lots to j 17 the motion? All in favor raise your right hand. 17 the east to make up for that put confguntion change. 11 Opposed sane sign. Motion carries, sit to one. 11 In the addcndurtt you'll we that the ri 19 Commissioners, how about one more hearing then a break? 19 drveloper her agreed to do that making this site plod A, t 20 A short one Would that be good or would you rather do 20 totalling 29 single-family dctacbed lots with 41 or 12 21 It now? mommammoaaaall units of single-family adAcbed. They have also agreed Ms. GOl RD1E: La's get it over with. 22 to 70 percent minimum mamoary exterior comparable In 2) MR ENOELORECH7: ate bearing or the break? 21 appeorance and quality to the neighborhood wed of the 24 Ms. wvitvE: she whole night 24 subject property. They have allowed for a f 0-foot 2s MC "GELORMIT: All right. We'll go on. 2s pededrisd emsernent to be dodicarod on the -forth Ode of PLANNING AND ZONING COMMISSION JUNE 9. 1999 Page 129 - Page 1J2 37. oe oa 9e 092! FAA 910 341 121 a %002003 ATTACHMENT 3 NOTICE OF PUBLIC WEARING X-99-033 The Planning and Zoning Commission of the City of Denton will hold a publio hearing an Wednesday, June 0, 1999, to consider rezoning a 17.642 acre ells baled on the north aide Of 135 East from Pockrus-Page Road to MaYW Road from an Agdm*ural W zmOng dbtdd to a Commerdal (0) zoning district (see map on backside). The property Is legally dssabed as Trail 165 OkA of the 0. Walker Survey (Abstract 1330), Tract 5 W of the M. E. P. & P. R. R., Co. t3uNnitr (Abstract 950), and Lot 1. Slack 1, of the Lakewood Manufactured Homes Addition, in the City of Donlon, Denton County, Tons. The purpose of the rezoning Is to permit the expansion of the endstkq manufsclured home retell outlet The public hearing wait start at 6:30 p.m. In the CNy Cound Chambers of City Hal located a( 215 P. MdOnnoy Street, Denton, Texas. Because you own property wk* two hw dred (2001 fleet of the subled property, the Plannhrg and Zoning Gbrrvnfssf0n wbukl tike to hear how you fee! about tNs zoning change regWS! acrd E yvu f0 e be taken Into account, return orm with H no way prphfbXs yrw from drrrg andpNtic(oatfr►Q an the public heal6rg.) You may fax II1l to tM number locete;d at the bottom, mall h to the address bebw, or drop 1t otf In petsdl Planning and Development Department 2211 N. Elm ST Denton, Texas 76201 Attn: Wayne Reed, Planner K Tho zoning process includes two public heark" designed to provide oppo hxft a for dizan involvement end oomrrwrrt Prior to ft public e, landowners within W hundred (200) Net of the subjW property are notified of the zoning request way of ft notice. -The M1 public hosting is Wd Wore the Planni and Zoning ComrNaelin The Commileion Is W m ad, of the percent of responses M support and In opposhlon 13ewnd, the raring petition is forwarded to the City Courncll for Mal action providing the Conxnisaton recommends approval. 9houid On Comniaelan reoommend denial, the PoWortef may then appeal the request to fa My Covndl H Owners of more then 6NOnly (20) percent of ttre land area wlddn two hundred (200) Net of the Me submit wrii(ed oppooltieon, than trx out of seven yr toe of the City r`,ouncll are required b approve the wnkng dnango. These forma art used fo cafcu.efe the pe ~h ye of fandow w oppoafdorr. Please circle area: in ~fa;r of request Neutral to regwat~ f~ Comments: JUN 8 ;999 Signature: d~ Prlntod Name:. e," OW A) Malling Address: _2/yQf i` 0/ r~ oce • C1SY, st'ite 210: f~~WrvN Tx 76I70C ~ .7t~~ G~~~7 nu Telephone Number. &SC O-) V p'/- 91132 P rr s Nhyfleal Address of Propertv within 200 feet ~.2r e-i AA Cf7YOFDENTON, TEXAS CATY KA.LL WEST - G;;mT$XA6 7a20t a e10MI.S.350 in $40-349.7101 La90r2Love Nu&Adoc 7J 1+ 39. { 1. NOTICE of PUBLIC HEARING Z•99-033 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, June 0. 1999, to consider rezoi'.N a 17.692 acre site located on the north side of 1-35 East from Pockrus-Page Road to Maylilll R from an Agricultural (A) zoning district to a Commercial (C) zoning , district (see map on backside). The property is legally described as Tract 165 out of the G. Walker Survey (Abstract 1330), Tract 5 out of the M. E. P. & P. R. R. Co. Survey (Abstract 950), and Lot 1, Block 1, of the Lakewood Manufactured Homes Additlon, In the City of Denson, Denton County, Texas. The purime of the rezoning Is to permit the expansion of the oxlsting manufactured home retail outtet. I The public hearing will start at 5:30 p.m. In the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own prcpsd(, within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and lnvltes you to attend the public hearing. Please, In order for your opinion to be taken Into account, return this form with your comments prior to the date of the public hearing. (This In no way prohibits you from attending and partkipating in the public hearing.) You may fax it to the number located at the bottom, mall it to the address below, or drop it of In-person: Planning and Development Department 221 N. Elm ST Denton, Texas 75201 Attn: Wayne Reed, Planner 11 The zoning process includes two public hearings designed to provide opportunities for citizen Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject properly are notified of the zoning request by way of this notice, The first public hearing is held before the Planning and Zoning Commission. The Commission Is Informed of the percent of responses to support and in opposition. Second, the zoning petition Is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend dental, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of landowner opposition. Please circle ons: In favor of requecl Neutral w 3qubst Opposed to request Comments: Aa) C~~.vCCtNEa rf80~i`/43D/T/dArAL /~r4 T~ k71'0'V_4 ovoo Qryg7i~ y y.t~ 70 /ea/ca ir[iI~ 7'.,Ir; x,; Nrrrer. I i een~te Signature: NN i ~~.li u U is Printed Name: ENwc- 4 Mailing Address: oS or 1 lt; P /45N Ott i City, Slate Zip: ,~FiV rD TX 7~ 2 d Y / t 1' Telephone Number: _31(2_cs L w01c PLANNING a DEVELOPMENT Physical Address of Property within 200 feet: ~ls~os Qo crus 1se~~,~ CITY OF DENTON, TEXAS CITY HALL WEST DENTON, TEXAS 70201 040.349.6350 (F) 940.349.7777 2 99033 LP94lNOVO d0C 39. t I I! NOTICE OF PUBLIC HEARING Z-99-033 The Planning and Zoning Commission of the City of Denton w41 hold a public hearing on Wednesday, June 9, 1999, to consider rezoning a 17.692 acre site located on the north side of 1-35 East from Pockrus-Page Road to Mayhlll Road from an Agricultural (A) zoning district to a Commercial (C) zoning district (see map on backside). The property Is legally described as Tract 165 out of the 0. Walker Survey (Abstract 1330), Tract 5 out of the M. E. P. 3 P. R. R. Co. Survey (Abstract 950), and Lot 1, Block 1, of the Lakewood Manufactured Homes Addition, in the City of Denton, Denton County, Texas. The purpose of the rezoning 13 to permit the expansion of the existing manufactured home retail outlet The public hearing will start at 6:30 p.m. In the City Council Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred {200) :bet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zonfng change request and Invites you fo attend the public hearing. Please, In order for your opinion to be taken Into account, return this form with your comments prior to the date of the public hearing. (This in no way prohibits you from attending and particlpatIng in the public hearing.) You may fox it to the number located at the bottom, man it to the address below, or drop it off In-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Wayne Read, Planner II The zoning process includes two public hearings designed to provide opportunities for citizen Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feat of the subject property are notified of the zoning request by way of this notice. The first public hearing is held before the Planning and Zoning Commission. The Commission Is informed of the percent of responses In support and In opposition. Second, the zoning petition Is forwarded to the City Council for final action providing the Commission reoommends approval. Should the Commission recommand dental, the petitioner may then appeal the request to the City Council, If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. Thee forma are ' used to cafcutsto the percentage of landowner opposition. Please circle one: Cin favor of request Neutral to request Opposed to request timm3n s: Signature: ENG& 1999 Printed Name: AL IeE__4-~kR 9- s 10^^ di vl"22~ V a Mailing Address: ANN+DEVEI,OPMENI r 4~ City, State Zip: Telcnhone Number: 940_0141-3_779l n 1 Physical Address of Property within 200 feet: _ r CITYOFDENrON, TEXAS CiTYMLLWEST - DENTON YEW 78201 - 840.344A360 - (F)94o,3411.77a7 249.037 LegoiI Nu6ce doc 40. ~ i rr~rc L u L m agq~A9-0710dii ATTACHMENT 4 ORDINANCE NO. AN ORDINANCE OF TIM CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO COMMERCIAL WITH CONDITIONS (C[CJ) ZONING DISTRICT CLASSIFICATION AND TED ON THE NORTH SIDE OF 13S USE DESIGNATION FOR 17.692 ACRES OF LAND LOCA ILL RO, EAST FROM pOCKRUS-PAGF ROAD TO MAYR 000*00 FOR~VIOLAT~NSO F7 HEREOF; AND IN THE MAXDVWM AMOUNT OF $2, PROVIDING FOR AN EFFECTIVE DATE. (2x99-033) lied for a change in zoning r has WHEREAS, Michael Davis, on be Alf Of Stephen Zif - sificntion and use designation to for 17.692 acres of'land from Agricultural ( ) zoning Commercial (C) zoning district classification and use designation, and ommiasion recommended approval C WHEREAS, on Tune 9,1999, the planning and Zoning ' of the requested change in zoning; and WHER zoning will be in compliance with the EAS, the City Council finds that the change in Development plan. the 1996 Denton plan policies, and the 1999 Growth Management 1988 Denton Strategies and Plan, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS' 692 acre Ste, That the zoning distAct classification and use designation e of in as the 17,Exhibit A e property described in the legal description district clessifi e6on and use ~gnation to Commercial with condi dons (C [c)) z cultural distr ict classification and use designation under the comprehensive zoning ordinance of the City of Denton. Texas, subject to the following conditions: I , That the permitted i b and uss exclude Exhibit in the list attached hereto and Incorporated herein by reference to shine on or 2. Lighting on the property shall be designed and maintained so as not roect upward to otherwise disturb, surrounding residential property or to shine and pro! prevent the diffusion into the night sky, view 1-3 5 E by 3. opaque loading edck ns (fence walla, of vegetation), rreachi g from gh of at leas i x (6)lfeet sc above grade, building elevation (v all) 4. That any metal exterinr materiel shall not be allowed on any / visible from 1.35 E. . to amended to show the change in zoning That the City's offteial zoning map district classification. 41- c ti SECTION 3. That any person violating any provision of this ordinance shall, upon conviction, be fined a sure not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. That this ordinance shall become effective fourteen (14) days fl'om the date of its passage, and the City Secretary Is hereby directed to cause the caption of this ordh mce to be published twice in the Denton Rawrdd-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 [BILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEM FORM: HERBERT L. PROUTY, CITY ATTORNEY f 1 BY. ~~.~r6 d l 4 ~I i A ij . r, 14. r c~ EXHIBIT A ' FIELD NOTE DESCRIPTION; Being a 17.692 acre tract of land situated in the M.B.P. lk PAK Co. Survey, Abatrsot No, 950 and the U. Walker Survey, Abstract No. 1330, City of Denton, Dento a County, Texas, and being a portion of a called 18.2159 acre tract of land as described in deed to ' Mayhill Road Realty Co. as recorded in Volume 1441, Page 606 of the Rat Property Records of Denton'County, Texas,'and all of Lot 1, Block 1 of Lakewood Marwlletured Homes Addition, an addition to the City of Denton, Texas, according to the map or plat thereof recorded In Cabinet D, Page 213 of the Plat Records of Denton County, Texas, and being a 0.265 acre tract of land situated In the MM.P,14 PAR. Co. Survey, Abstract No. 950, City of Denton, Denton County, Texas, and being all of that certain tract of parcel of land as described In deed as Tract 4 as recorded In Volume 3047, Page 778 of said Real Property Records, and by City Ordinance No, 91.122, said 17.692 acre tract being more particularly described as follows: BEGINNING at an iron rod found for the northernmost comer of said called 18.2159 acre tract„ same being the northeast oorner of Bald Tract 4, said iron rod also being the westernmost corner of a tract of land as described In deed to Andrew Corporation as recorded in Volume 944, rage 424 of the Deed Records of Denton County, Texas; THENCE along the common line of said Andrew Corporation tract and sold called 18.2159 acre tract the following calls: South 37 degrees 56 minutes 51 seconds East, a distance of 1353.05 feet to an iron rod set; North 52 degrees 03 minutes 09 seconds East, a distance of 35,47 feet to an Iron rod set for the westernmost northwest corner of a tract of :and as described in deed to the City of Denton as recorded In Volume 1814, Page 619 of said Real Property Records; THENCE along the common line of said City of Denton tract (Volume 1814, Page 619) and said called 18.2159 acre tract the following calls: South 06 degrees 14 minutes 05 seconds West, a distance of 128,83 feet to an iron rod found; South 39 degrees 56 minutes 50 seconds East, a distance of 40.24 feet to an iron rod found; South 83 degrees 07 minutes 59 seconds East, a distance of 28.20 feet to an Iron rod set, North 31 degrees 53 minutes 53 second) Last, a distance of 252,00 feet to an Iron (rr, ~ v rod found, y i 43. . c North 37 degrees 56 minutes 50 seconds West, a distano of 150.00 feet to an iron rod set In the southeast line of Bald Andrew Corporation tract; THENCE North 49 degrees 16 minutes 00 seconds East, continuing along the common line of said Andrew, Corporation tract and acid called 18.2159 sore tract, is distance of 146.26 feet to the eastemmost comer of said Andrew Corporation tract, slime being in the southwesterly right-of-way line of the Union Pacific Railroad (formedy M.K' & T. Railroad), said Iron rod also being the beginning of a non-tangent curve to the left having a central angle of 07 degrees 37 minutes 29 seconds, a radius of 2,914.79 hot, a chord bearing South 35 degrees 10 minutes 58 seconds East, and a chord distance of 387.61 feet; THENCE along the southwesterly right-of-way line of the Union Pacific Railroad the following calls: Along said non-tangent curve to the left an arc distance of 387.90 fat to an iron rod found; South 37 degrees 45 minutes 43 seconds East, a distance of 351.79 feet to an iron rod set for the easternmost southeast comer of said called 18.2159 acre tract„ same being in the approximate centerline of Pockrus Page Road, acid Iron rod also being a railroad spike bearing North 30 degrees 29 minutes 57 seconds East, a distance of 2.21 fat, THENCE North 85 degrees 43 minutes 16 seconds West, along the approximate centerline of Pockrus Page Road, a distance of 958,16 feet to an Iron rod found for the southernmost southwest corner of sad called 18.2159 acre tract, same being in the northeast right-of-way line of Interstate Highway 35-B (a variable width right-of-way); THENCE North 48 degrees 27 minutes 57 seconds West, along the northeast right-of- way line of Interstate Highway 35-E, a distance of 253.09 feet to an iron rod found for the southernmost corner of a tract of land as described In deed to Michael W. Eckert et al as recorded under County Clerk's file number 97•R0023032 of said Real Property Records; THENCE North 41 degrees 25 minutes 08 seconds East, along the southeast Una of said Eckert tract, a distance of 173.72 feet to an Iron rod found for the eistemmoat comer of said Eckert tract; I THENCE North 48 degrees 23 minutes 36 seconds Weal, along the northeast line of said Eckert tract, passing the northernmost comer of said Eckert tract, same being the ~ easternmost comer of a tract of land as described In deed to SAKS Enterprises as recorded In Volume 4155, Page 1927 of said Real PFoperty Records, in all a total distance of 399.59 feet to an Iron rod found for the northernmost oornt r of said SAKS Enterprises trawl, same the easternmost comer of said lot I; l a' ti 11. I i THENCE South 42 degrees 26 minutes 02 seconds West, a diriaooe of 174.59 feet to an. Iron rod found for the weriammori comer of said SAKS P.MerPrtsa tract, Same being the southernmost corner of said Lot t and being In the northeast right-of-way-hne of Interstate Highway 35-13; THENCE North 48 degrees 27 minds 37 seoonds West, atgng the sovthweri fine of aid Lot 1 and along the northeast right-of WAY' llne of Interstate highway 35-8, i distance of 278,34 feet to an iron rod found for the westernmost corner of said Lot 1; THENCE North 38 degrees 57 minutes 57 seconds Welt, continuing along the nord"A right-of-way line of Interstate IEghway 35-B, a dirianoe of %.20 Rest to an Iran rod found; THENCE North 04 degrees 36 minutes 00 seconds West, continuing 91009 the northeast right-or-way line of Interstate Highway 35-11, a distance of 118,74 feet to an iron rod found for the southeast corner of aforaald Tract 4; THENCE North 38 degree 22 minutes 29 Seconds West, along the south line of aid Tract 4 and continuing along the northeast right-of-way line of interstate Highway 354 a !'Stance of 13.98 feet to an Iron rod ad for the southwest corner of said Tract 4, some being the southeast oomtr of Tract 3'of sold deed recorded In Volume 3047,Page 778; THENCE North 16 degree 02 minutes 21 Won& P44 along the ass line of Bald Tract 3; a distance of 351.42 feet to an Iron'rod'Set In the east line of MayhW Road (a 120 (hot wide right-of-way), rune being the southernmost comer of a called 0.082 acre tract of land as described in dad to the City of Denton as recorded In Volume 3079,Page 358 of said Rat Property Records, and being the bcg.nntng of a non-tangent ourve to the left having a central angle of 14 degroa 33 minter, 46 seconds, and a radius of 910,00 Heel; 'T'HENCE along the east right-of way line of MayMil Road the west line of said Tract 4 and along said non-tangent curve to the left an are distance of 231.82 feet to an iron rod set for the northernmost northwest comer of sold Tract 4; THENCE South 37 degrees 56 minutes 51 wonds But, along the north line of said Tract 4, a distance of 9.73 feet to the POINT OF wimp and containing 17.692 fora or 770,659 square feet of land more or lea and being subject to shy and all moments that_ may affect. w e i~ EXHIBIT B A. i Thwa"ba a 10 bd eatbuk alorp 04,W end MqW fled VAX* kap 411} whh no parkin0 dowad In tha bat (kanQ 40 feet & PROH191310 tle11: 3 Thi "*AV wii; otftwvAe piM*w hh tl~a"d ft'cra &WO"d wwft 00 w lib In ft MWOMW "ft bj Tr&W Carte oru ~ Pak 4 Idupallond 1 and tpaeh uses c4ft*" a Mausoleum b HWh"VH&Al o oo*ubnWUn 1 I I'M ry. lftdjnatdanldllaaa b A d "w4abn a Mkxowa+R Towar. 4. Uses Drag " b F6kground or b"Wdon Ana Ao Owl Tuck o Sow* Cd&lod DuOMMa 81aWe, hM" dub 8t&*8ow" Aerdal • iheetw, C11nYt N Mav Cop" aeld and ffi aeoondlNrd ftwX n or Rmyo a 346 of nm a 7 b) iWn+al HwpW at VmvW Wih *Ada Mw at ran AMW c He*". Pou@Y reed b SMoro wd 8dea of f4 ,*".or Appiv." o"M a bMnn •Tra1w fA+nM of 8" ' 0. a ElAr~ioao W •ronpe" bw*l aq. a Arent * NOTL! 8.d) The gall of manufactured homes is permitted. 46. F, I I, s Agenda No. _ Q 9 - C AGENDA INFORMATION SHEET 4 ~nlaltam_. Date-_ 9-4;La • 1I AGENDA DATE: July 20, 1999 DEPARTMENT: Planning Department CM/DCM/ACM: Rick Svchla, 349.771 Sje$ SUBJECT-2.99.038: (3317TeaslgLane) Hold a public hearing and consider amending the conditions of Ordinance 98.255, which established a 1.831 acre conditioned Office (0(e]) zoning district. The subject property is located on the east side of Teasley Lane (F. M. 2181) approximately four hundred and seventy- five (475) feet south of the Bent Oaks Subdivision and is commonly known ea 3517 Teasley Lane, The request is to add two land uses, specifically a veterinarian clinic (with no outside runs or pens) and a nursing home or residence home for the aged, alter the sign conditions, and allow for an alternative bufferyard. The Planning and Zoning Commission recommended approval (7- 0) with conditions. BACKGROUND > The subject property was recently rezoned to an Office (0) zoning district land use classification by Ordinance 98.255 with conditions (see Attachment I - Enclosure 2 (zoning map) and Enclosure 9 (Ordinance 98.255)), The property remains undeveloped, save for the existing single-family dwelling (see Attachment 1- Enclosure 11, Photo 3). The proposed development is consistent with all of the policlo, of the 1988 Denton Development Plan (DDP) as applicable and all of the 1998 Denton Plan (DP) Policies and the 1999 Growth Management Strategies and Plan (see Attachment I - Comprehensive Plan Anal)sis section and Enclosures 6 and 7), > Six (6) property owners were notified of the request on May 30, 1999. As of this wriling, there has been one (1) response. It is In favor (see Attachment 3). A neighborhood meeting was held on June 3, 1999, at which no residents attended. The applicant did attend. PRIOR ACTION/REVIVA The following is a chronology of Z-99-038, commonly known as 3517 Teasley Lane: Application Date- May 5, 1999 i PRZ Date- June 9,1999 ESTIMATED PROJECT SCIIPDULE The property would have to be platted prior to development, (ir" r FISCAL" INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no sha-l-term public improvements that are the responsibility of the city. Some extension of public infrastructure is necessary to service this site. 1. a c, P&Z. SUGGESTED RECOMMENDATION: The Planning and Zoning Commission recommends approval (1.0) of this zoning request with the following conditioriv 1. A new Exhibit "13", which is attached hereto and incorporated herein by reference, is substituted for the old Exhibit "B", referenced in paragraph 1 of Section I of Ordinance 98.253, and allows two additional land uses. 2. That in addition to the door signs referenced in paragraph S of Section I of Ordinance 98• 255, additional signs and regulations listed below are allowed: A. Wall Signs. One wall sign shall be allowed on all buildings. A Monument Signs. One monument sign per lot. The maximum height for monument signs is six (6) feet with a maximum size of sia.ty (60) square feet. 3. In addition to the "bufferyard" referenced in pare graph 7 of Section 1 of Ordinance 98- 255, the following "bufferyard" may be used as s alternative along the eastern property line abutting residential lots: A "buffegwrd " measuring ten (10) feet wide, coMirising of four (4) canopy and eight (8) understory trees per each hundred (100) linear feet, and a solid masonry or masonrylike fence that is at least six (6) feet in height may be installed along the eastproperty line abutting residential lots, i OPTION 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. ATTACHMENTS 1. Planning and Zoning Commission Report, June 9,1999, 2.99.038. 2. Planning and Zoning Commission minutes from June 9,1999. 3. Property0AnerResponsrs(1). 4. Draft Ordinance. Res``tfully submitted: Mark Donaldson Assistant Director of Planning and Development t Prepared by: ayn eeed Planner 1 2, t ATTACHMENT 1 Agenda No. 4?4E 17 q"105 PLANNING AND ZONING COMMISSION ~ @m % STAFF REPORT Subject: 3517 Teasley Lane Case Number: Z-99-038 Ste: Wayne Reed, Planner II Agenda Date: June 9, 1999 pUFlpOSE ' 3 t" ft t t i y rr i Hold a public hearing and consider making a recommendation to the City Council concerning amending the conditions of Ordinance 98.255 to add two land uses, specifically a veterinarian clinic (with no outside runs or pens) and a nursing home or resldence home for the aged, and alter the sign and buNeryard conditions. ~ 7 tY SITE f F, n'+ M AN d } x t''~ t r4f•~~ I H , I If p. COO 'i ~ a ~T , vl c i N LOCATION MAP Location: on the east side of Teasley Lane, south of Bent Oaks Drive Size: 1.831 acres 2 9'1 638 DY SIAY Rotut,dx 3. 1 I , II Applicant: Owner: DR. Granville Wright Joey and Sherrie Higgins 1140 San Saba Drive 3517 Teasley Lane Carrollton, TX 75007 Denton, TX 76205 The Planning and Zoning Commission may recall considering a similar request (Z-99-022, Dove Creek Office Park) In April of this year for the 4.982 acre conditioned Office (0(c)55) zonirg district located just to the north of the subject property (see Enclosure 2), City Council approvr i that request to amend the permitted land uses and alter the sign restrictions on May 18. 1999 (see ~_nclosure 8). You will notice the following comparison of this zoning district's existing restrictions to the applicant's request Is Identical to that found in the Z-99-022 staff report. There is one additional request to this application from the previous, concerning the bufferyard, The discussion of this particular feature is found In the second to last paragraph In the next section, Granville Wright, on behalf of Mr, and Mrs, Higgins, Is requesting the Planning and Zoning Commission to consider amending the conditions of Ordinance 98.255 to permit an additional two land uses, specifically a veterinarian clinic (with no outside runs or pens) and a nursing home or residence home for the aged, and alter the sign and bufferyard conditions. The subject 1,831 acre property was rezoned in September of last year from an Agricultural (A) zoning district to a conditioned Office (O(c)) zoning district (see Enclosure 9). It has since remained undeveloped, except for the pre-existing single-family residence. If the request Is approved, the applicant Intends to convert the existing home into a veterinarian clinic, The Teasley corridor has been an area of growth during the 1990'x. First, there were requests for residential zoning and then came nonresidential, primarily office land uses. In fad six (8) requests for Office (0) zoning districts were approved with conditions between July of 1993 and September of 1998 for properties located along the east side of Teasley Lane from the northeast corner of Llllian Miller and Wind River Lane to south of Bent Oaks Drive (see Enclosure 2), Each Office (0) zoning district was approved with conditions, Including restrictions on land uses. As Table 1 on the next page demonstrates, there is a short list of land uses permitted among the six (8) different Office (0) zoning districts, far less than the forty-seven permitted within a straight Office (0) zoning district. The applicant's request would allow two new land uses In this conditioned Office (0(c)) zoning district. 1 he primary one that he seeks is the animal clinic or hospital (with no outside suns or pens) for the ' operation of his own business, Most people refer to such a business as a small animal vet clinic. The owners era requesting the other land use, a nursing home or a residence home for the aged. It Is their r' opinion that both would be compatible with surrounding residential neighborhoods as well as with the land uses permitted within the other conditioned office (0(c)) zoning district. Z 99 Ole Q Star gel t'" 4. t FIPaLNursa_q Mal. Comes ison of Land Use Restrictions 0[c) 45 0[c] 9 0(c) 458 O e 46b ON 55 O c 50 E Art Galls or Museum X X X X or Kindergarten School X X X X Hos ital (General Acute Care % X Institutions or Rellglous or PhAanthropic Nature X X X X Nursing Home or Residence Home for Aped Request Mile Ulfd+ng _ X X X p X Temporary Pleld or Censlructlon Office (Sutleot to X X X X royal and Control b Hulid tna for . Telephone, Business OfBoe ~v X X Mlmai Clink or Hospltal (No outside runs c r ens X ✓ Re Quest Rialrowd Ofrices, Professlonai and Adminlstrstive - X X X X X % Studlo for Photogrephlr~Muskian, Arlisl or Health % X X X ✓ These two land uses w o recently added to the 4.982 acre conditioned OfRce (01c)55) toning dlslrict located to the north of the subject properi; by Ordinance 99.189 (see Enclosure 8). Sign restrictions on the property are a concern of the applicant too. They were placed only on the subject property (0(c] 80) and the Fact located to the north (0(c] 65), out of the six conditioned Office (0(c]) zoning districts (see Enclosure 2). These two districts are permitted to have 'only door sign on- premlres' as per the language in each ordinance. This means that only signs on doors would be allowed. This restriction will make it extremely difficult for customers to locate the business on this property. The request Is to allow one monument sign along Teasley lane and one building (wall) sign per office building. This is consistent with the request of the previous case (Z-99.022) and the language found in Ordinance 99.189 (see Enclosure 8). The applicant was concerned about how this request might be received by the existing residential property owners, especially considering the recent request for the adjacent conditioned Office (Olc165) zoning district. To provide them with an opportunity to ask questions and express concerns, staff facilitated a neighborhood meeting at City Hail West on Thursday. June 3, 1999. Notice of the neighborhood meeting was mailed to property owners within two hundred (200) feet as well as all n sidents In the Bent Oaks subdivision. The Planning and Zoning Commission may recall that last year, during the rezoning of the property (Z-0"32), a neighborhood meeting was also held at which nine residents and the owners attended (soe Enclosure 10). No one attended this neighborhood meeting. , Z-99 079 DZ 5141 ReMLdoe 5, r . i N 75W 97 W 1988 Denton Development Plan Analysts The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area, These areas are Intended to be developed primarily for single family residential development. Neighborhoods are to be serviced by a network of small commerciallretail centers spaced at about mile intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas Is restricted to 60 trips per day per acre in order to balance land use with road capacity, Staff finds the proposed development to be consistent with both the policies and trip intensity standards of the 1988 DDP, seeing that It Is not a change In zoning but a request to add two land uses and alter the restrictions on slgnage and the bufferyard (see Enclosure 6). 1998 Denton Plan and Policies Analysis Th3 1998 Denton Plan (DP) Growth Management Plan shows this property to be within an Existing Resldentlal Pattern Area, According to the adopted Growth Management Strategies, existing neighborhoods within the City should be protected and preserved. Staff finds the proposed change to the permitted land uses and alter the restrictions on slgnage and thA buffaryard to bo consistent with the plan and the policies of the 1998 DP (see Enclosure 7). N C f 1. Transportation A. Trip generation The proposed land uses compared to the existing permitted ones will not Increase the potential trip goneration from this property. B. Access The proposed office development will have direct access onto Teasley Lane (FM 2181). C. Road Capacity Teasley Lane Is identified as a primary ma)nr arterial road by the 1998 Denton Mobility Plan. This road is designed to be a six (6) Jana divided street without parking, providing six (6) lanes of through traffic. As such, Its designed Traffic capacity allows for a tolerable traffic flow of up to 27,900 trips per day, Teasley Lane at this point Is currently constructed with two (2) lanes without parking. The most recent traffic count for Teasley Lane indicates that there Is adequate capacity to handle the calculated trips that could be generated by the proposed development. D. Pedestrian Linkages Sidewalks will be required along all public streets. r"078 P2 5tal "tooc 6.~► ' t. 2. Utilities t This site has access to existing water and sanitary sewer lines (see Enclosure 3). 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. A preliminary drainage study will be required with the submission of a preliminary plat. The study must Include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property. The developer must indicate the method by which the run- off will be carried across the property or stored on the pro):urty. 4. Signs Signage on this property Is currently restricted by Ordinance 98.255, which states that "only door sign on-pronilses are allowed." This means that only signs on doors are allowed. The applicant Is requesting to amend the restriction to be identical to that found In Ordinance 99-169: That in addition to the door signs referenced in paragraph 5 of Section I of Ordinance 88-153, additional signs and regulations listed below are allowed; A. INA Signs. One wait sign shall be allowed on a building. However, no wall sign shall be greater 1 an thirty-two (32) square feel In total area. B. Monument Signs. One monument sign per lot, The maximum height for monument signs Is six (6) feet with a maximum size of sixty (80) square feet. Of course any ordinance written for the subject property would reference Ordinance 98-265, not Ordinance 98.163. 3. Off-Street Parking New development must provide parking according to the regulations of Chapter 35 (35.301) of the Code of Ordinances. General offices provide one (1) parking space per three hundred (300) square feet of floor area (minimum of five (5) parking spaces), while clinics and doctor's offices pro,.dde one (1) parking space per two hundred fifty (250) square feel of floor area (min) mum of five (5) parking spaces). The existing house is roughly 2,240 square feet: the proposed vet clinlo would have to provide a minimum of nine (9) parking spaces (1 space per 250 square feet). 8. Landscoping This property will have to comply with the new Landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). In addition, any development on this site would have to comply with the bufferyard requirement found in paragraph 7 of Section I of Ordinance 98465; A'bufferyard" rnessuring twentyflve (25) feet wide, and comprising of four (4) canopy and eight (B) underslory trees per each hundred (100) linear feet, shall be installed along the east property tine abutting residential lots, rr The applicant's request is to reduce the width of the "bufferyard" from twenty-five (26) feet to tort (10) feet. To provide adequate "buffering" he would construct a six (6) foot tall masonry or masonry-liko fence along the seat property line abutting residential lots, He does not wish to 2 99 01e 152 Stan *pa t.da 7. t I I f I f change the tree requirements. Thus, such a change to the existing bufferyard requirement could be worded as follows; Burleryard. That either buHeryard can be used along the east property line abutting residential lots, A. A'bufferyard' measuring twen -Ne feet wide, and comprising of four (4) canopy H (25) and eight (8) understory bees per each hundred (100) linear feet, than be installed along the east property line abutting residential lots, B. That In place of the "bufferyard" referenced in paragraph 7 of Section I of ordinance W 255, an alterneUve'bufferyard' measuring ten (10) feel wide, comprising or four (4) canopy and eight (8) understory trees per each hundred (100) linear feet, and a solid masonry or masonry-like fence the' is r.t least slx (8) feet ki height may be Installed along the east property line abutting resklentlal lots. This alternative bufferyard would offer equal sound protection between the residentlal plots and the offices located on the subject property. In fact a masonry or masonry-like fence would provide a better sound barrier than the fifteen feet lost. 7. Open Space and Recreational Areas Nonresidential development is not required to p.)rticipale in the development of public recreational areas. 8. Lighting Lighting on the properly is regulated N y Ordinance 98.255 in the following manner: Lighting on the property then be designed end maintained so as not to thine on or o;herwlse disturb, surrounding residential property or to shine and project upward to prevent the diMuslon Into the night sky. April 5, 1983 - The subject property was annexed and designated as an Agricultural (A) zoning district and land use classification by Ordinance 8333 which amended the Comprehensive Zoning Ordinanco and Map for the City of Denton. September 1, 1998 - The subject property was rezoned to an Office (0) zoning district (and use classification by Ordinance 98.255 with conditions, amending the zoning ordinance and rnsp for the City of Denton (see Enclosure 2). The subject property Is not platted and would need to be platted prior to any development. ::71 ~14 Notice of the zoning request was pubIJQhed in the Denton Reoord-Chronlcle on May 30, 1099. Six (8) 1 property owners were notified of the request on May 30, 100. As of this writing, there have been no responses, A neighborhood meeting was held on June 3, i99g, at which no residents attended. The applicant did attend, u99 0)a D2 sia'r Report,doc 8. 1 1y• I Staff recommends approval of Z-99-038 to add two land uses, specifically a veterinarian clinic (with no outside runs or pens) and a nursing home or residence home for the aged, to the existing cond'tloned Office (0[c]) zoning district, to allow one monument sign and one building (wall) sign per office building, and to allow for an altemative bufferyard. The request is consistent with the policies of both the 1988 DDP and the 1998 DP (see Enclosures 6 and 7). The proposed development will provide for a compatible arrangement of land uses, preserve existing property values, diversify land uses and protect existing neighborhoods. The proposed land uses are consistent with services commonly located within neighborhood centers, A. r'. Mkmm Staff recommends approval of Z-99-038. ' M' r Will 3L 1 move to recommend approval of Z-99-038 finding that: 1. It Is consistent with the 1988 Denton Development Plan; 2. It is consistent with the adopted 1998 Denton Plan Policies; 3. It provides for a compatible arrangement of lend uses and protects existing neighborhoods; 4. It provides significant public improvements; and 5. It will provide safe and adequate traffic circulation. 1. Recommend approval as submitted. , 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. 6. Table item. ~y yc - ~I T~,~~ Y~ • , W !1 i. Vicinity Map. 2, Zoning Map. 3. Utility Map. 4. 200' Property Owner Notification Map. 5. Denton Mobility Plan Map. 6. 1988 Denton Development Plan (DDP) Policies. 7. 1998 Denton Plan (DP) Policies (2 pages). ` 8. Ordinance 99-169. r 9. Ordinance 98.255. 10.Netghborhood Meeting Sign-In Sheet for Z-98-032, 11, Photographs. l r~ ore r: s . r nevo.tooe 9, 1 1 it ENCLOSURE 1 s NORTH Z-99.038 (3517 TEASLEY LANE) CIIIT7~IIII7 Fuu<e ,r~ nNU u OtO~t~ , t ~ w ~ r VICINITY MAP 4 E Agenda Data: June q,1999 Scale: Norte !D. I I ENCLOSURE 2 s ~ Z-99-038 (3517 TEASLEY LANE) NORTH rum a,re' ~i --=t~+ ri ; I„Ilra A ~I In ~I u•u L r;' 1 M"LEY © 1 4N 4.M1 I ~ I I 1 L1~~~ o1'•i ~ ~r., • I ll ro u I 'or' ; IId ■ r Ana I TtE "Ill roll I ~if■ 1~~~.~~-- ~rrr. rr I 1 44 roo 41 M r 1 ■ x K e 1 cc. .,k k4 ~p . I.. sw • I I ' r ' 1 I MIS SITE I ~ e r r. r. r r- r. r r r. r ZONING MAP 1 IOU 0(c) 45 97-016 0(c) 9 93.120 0(c) 46a 97057 , 0(c) 46b 98-07 A 0(c) 65 99.189 ' (r 0(c) 60 98.265 Agenda Dale: June 9, 1999 Scale: None r 1 . ENCLOSURE 3 NORTH Z-99-038 (3517 TEASLEY LANE) N 1 a 4 0[C}db .r .y f EXISTING UTILITIES MAP Hydrants • Water Line (W. L.) • sewer Line (s. L.) ~r Agenda Date: June % 1899 scale: None 12. SEEM I r . i1 ENCLOSURE f Z-99.038 (3517 TEASLEY LANE) NORTH tl r ■ • • • t 110-01 a M, • III 200 FOOT NOTICE MAP I Agenda Data, June g, 1909 Seals: None 13. T c: ENCLOSURE S NORTH Z-99.038 (3517 TEASLEY LANE) maw _ 4,e o[c15s P„ E DENTON MOBILITY PLAN MAP Freeways Primary Major Arterlafs lot t~ Secondary Major Arterlals Collectors Agenda Date: June 9, 1999 Scale: None 14. c I i ENCLOSURE 6 f I r , 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. These areas are intended to be developed primarily for single family residential dovelopmenl. Neighborhoods ern to be sorviced by a network of small commerclaVretail centers spaced at aboul. % mile intervals with direct access to a collector type street or larger thoroughfare. Vehicular Wp generation due to development within Low Intensity Areas Is restricted to 60 trips per day per acre In order to balance land use with road capacity. Staff finds the proposed development to be consistent with both the policies and trip Intensity standards ofthe 1988 DDP. The table below provides a summary of the applicable 1988 Denton Development Plan policies: Denton Development Plan k Policy Analysis Summary Low Intensity Area Development Rating vs. Policy sornewhat POLICY COMMENTS 1 mdM o- nt consistent Intent. These areas represent primary housing areas within the City. x Intensity. To be mrslstent with the Allowed Intensity a 60 btrrVaoe Plan, a development starts not e.ceed its Allocated Intensity a 110 blottel allocated Intensity. The applicant Is not requesting addldonal ,loor area. Ord vice 90-2551m1b tow boor area to 16, SIX Square feet of bu6driq area. At 11 tripe;er 1,00t, quart feet, this would gewaLi ataa 101,5 trlpyslta or 165% of d,e s1te's e:auted intereel x site flan Control. Strict Property, This tondo M Off a (0(c)) ronlnq deveropment control w,lhln 1,600 feet of dstnd Is car rlted to sixteen thousand" existing low density reedcnbal areas. hundred (1t,500) square fed and m bung an xcrod 2,500 WArt feeL x Trarac Design. Aaessshould be The propose) office development will provided to ensure that multi-farNly or have Bred access onto Teasley Lane (PM non- eoderoje usa have a toss to 2161), cdlectm or larder arterials with no Bred access through residential streets. x opera Space. Sufndent green space, Landscaping VOW k required as per to recreational fadlltla and dversity of parks new Landscape Code. That egwtes Into are pwdcd, a neNmum of 26 trees on the 1931 see ate, Twenty percent (20) of me property or one (1) acre will remeln P&Nicus, x Public Portidpallon, input Into A neighboAaod meeting was meld on planning by nelghbofiood associations and June J, IM, at winch the apppph,~,%nt eoundis to encouraged. attended with start. No reasder,b came - to tise meatlne. x Land Ues Dlvenlty. Non•residenbal and TM request is not to rezone or keentRy mulb-farrry dtalopment Is ericeuraged to land use (moor area), f a Ilmtted degree, x + Manufacerred Housing. Not applicable. f ) strip Comnierdat, Any form of This site has se+eral area and helght cwbnv" WP conwnerrial N *014), restrict". dscouragd kVor near low Intensity arm x ft~j I"036 P2 Sta f IU-Mtdoc 15. i u ENCLOSURE 7 1998 Denton Plan Policies Analysis The 1998 Denton Plan (OP) is to be used In conjunction with the 1888 Denton Development Plan in evaluating the oonsistency of proposed development with the long range vision for the city. Staff finds the proposed development to be consistent with the policies of the 1M OP. The table below provides a summary of the 1998 Denton Plan Pollcies applicable to this pmle;t: Denton Plan Policy Analysts Summary Development R.abno vs. Policy CATAGORY POLICY mcw0ftk Appllc" Corwsknt "drboriroeda• Prevlda ears to Wk and mrmw ay fad ba for residentlal rx+ghbarFrooCc e oumm a mixture of t nd lees that bw*%retldents. x Proteds and preserves a d"r6 Do tw& x Pwdn b~ t~ x ursan Dedon. Ad&mn www k appearana h, ear preh&*m mama. x DNWOMes ardded" appearena of b m envVar4 we x W ~ ~ *a be mnpam~e x I Protech and presence DeMon%ardeedtrd, oA "and Kdor Of repasm eftn xs dm W WW= slap major entrraewrrys x AvraDea Ire pewvsom of aas rod WdzWr4 x PUW Invo w.mant far ,,bk o0riw durlrq ft X I i i I 4 lqi~ C. A,, (J f, i !f i Z-99 034 PZ Sra-If Reirntdoc 16. c t . s. t I F.1SHA1EMEPrLGtXW Dwym ts'Os4inm ENCLOSURE 8 III ORDINANCENO. 99-/riO 9 AN ORDINANCE Of THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE CONDITIONS OF ORDINANCE 98.153 WHICH ESTABLISHED A OFFICE (O[C)) CONDITIONED ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 4.982 ACRES OF LAND LOCATED ON THE EAST SIDE OF TEASLEY LANE, OPPOSITE OF BENT OAKS DRIVE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF S2,W0.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-022) WHEREAS, Dr. Steve Meyerdirk, on bef'xif of Dale Irwin, has applied for an amendment to the conditions of Ordinance 98.153, which estab ;shed a Conditioned Office (o[c)) zoning district classification and use designation for 4.982 acres of land; and WHEREAS, on April 14, 1999, the Planning and Zoning Commission recommended approval of the requested change in conditions of Ordinance-, 98.155; and WHEREAS, the City Council finds that the char;. in conditions of Ordinance 98.153 will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the conditions of Ordinance 98.153, which established a Office Conditioned (O[c]) zoning district classification and use designation for the subject 4.982 acre property, described in the legal description attached hereto and incorporated herein as Exhibit A are amended under the comprehensive zoning ordinance of the City of Denton, Texas, as follows: 1. A new Exhibit "B", which is attached hereto and incorporated herein by reference, is substituted for the old Exhibit'W', referenced in paragraph l of Section I of Ordv nice 98- 153, and allows two additional land uses. 2. That in addition to the door signs referenced in paragraph 5 of Section I of Ordinance 98.153, additional signs and regulations listed below are allowed: A. Wall Signs. Wall signs shall be allowed on all buildings. However, no wall sign shalt be allowed on any wall of a building that faces (abuts) Teasley Lane. B. Monument Signs, One monument sign per building with one extra monument sign for the subdivision on a comer. The maximum height for monument signs is six (6) feet with a maximum size of sixty (60) square feet. Sf&JL g(. That the City's official zoning map is amended to show the change In zoning f t district classification. . SECTION ill. That the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance 98.153, but all provisions of Ordinance 98.153 as they apply 17. i to the remaining portion of the zoning district land use regulations not herein amended, shall continue in full force and effect. - SECTION IV. 'That a copy of this crdinance shall be attached to Ordinance 98-153 showing the amendments herein approved. ,MQlQN-Y. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION VI. That this ordinance shalt 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 publi shed twice in the Denton Record-Chror3cle, a daily newspaper published in the City of Dentor+, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1999. JA LER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY I BY:_ OL0`~ APPROVED AS TO LEGAL FORM: HERBERT L. kLOUTY, IT i F 18. l t, 1 EXHIBIT A ' • • r' ktxlKNIHa far the IlnCtht'sat COrhdr Of the tract being deeerlbod horetn at a •utal Ioned cacrnrt pdat at thu saw upl Al,. k Notthwast COCASS Of the tatd krevn leattr X1111: CS South DS Dogt4ed s4 11111OL40 14 Seaond4 Wert Llth the toot line thereof anertdt 41006 a pipe an, "I'tt ttwe, a distance at ASOM feat to en [cod rod 14 . lot the Morthdaat corner of a ON 184 1.8 6 Nt:rd trecl ddeurdw,l lit till .deed from Kirk D. 06t•n M '97 to Petty 0. 01041 taeordtd In Ysluga„I121 Palle 9D6 of thn Wed Nacardo ur tNrnteal Cmmty,• to txMEVCt South 811'14rtos 61 mtrwtes 00 Seconds 4eri with the Nutlh line at amid 1.411 otrr truce- srverlnx wid 6.N:1• sere tcoct a dlatanal of 119.e1 feet to an Iran rod found foe the Nurthuast Corner oFaald 1. 16 nere Irne1 In ttw', Cut Mae of P.m, MiShvag 2161, In a curve to ttu rlrht hactrtil a radius of (157,69 feat TIWCK vteq live act: gf,oatd eurra, 6n O[e'jeag' h or SS3,2o teat (chord b4drlnt North 11 DernaN os Nlmrlua )S SurgA' Vut a t?tstanue of.1 1.49 NatI to ;in ' iron rod Out for the Marthp0at Cartier e[ sold44r4en Well , To Mt In Put Eafrdrtr tllrectlon ulth the, Morth.lfne thereof the loljjwrJayl~ 1tours aa aiat J10MKasi v9J Smrlh $1 ruareds 46 hinutas 09 Seconds.C4at a dbtartuu of 9]1est to en Iron cal suet 2.1 09RJ1L6A dogrdu H Illnutee $1 $stoods tut a dlstonao at 26.61 loot to till team rwl sell 1.1'Sixtth 7 Ddgreeo rte minutes 69 Sscarle blot . iistonce or AAn.Atl tuutte ' live PtAt.E aY hIZOMM:' 0r.! taeiuxtt,A 4.996 nerev of la,d., • 7nnO field NotsR with the acctx+panylnN akfeeh wore pceparal frao an on-tlw-►rourul eurveY eunlw Dy ur un .Itnw :7, 19A'I. there ate nd vialuld or t,pporant intrullom, protruslona or antwranta except Ne shu n. FIIxrD STATt716't6t l tu,ra examined the F,C.M A. Filled insurance tot* hop for the City of DentOtl, DNItWI COuhty,9esea COrawdty Se. AAM11,4, erfoe:ttvo date, A,ttutt 4, 19111 std tMl Nap Indicated thnt this praparty Is not vlt is on lttmtlfied rluod cone as shown an Pahollaoof said mp. ,~r~4 ✓ .d1e• Y,ift? Pri,48 064% a" y ay t Mrhaal J. KOtu k.P.7. mtlld puts M~ is serr4ra•t 440 4e' lYr4e'QfC 2442' d«.r,4w P08 - J. FISHER . SURVEY .-._.A. S 121 r DEN M•M.M. , "Jo a rw. td, W. Nat WA *,o"Aj V4 co POP P"I"ll N ' ,A Ag96 t r ..,r ha, r g • x ' tr s!! s ~,P ININ07'JI A 6344f'1 1 19.x. to 41 w, a c1 f Exli OIT a 'Z-99-422 PERMITTED LAND USES i Educational. Institutional and foetid Uses Art Gallery or Museum Day Nursery or Kindergarten School Hospital (Oeneroi Acute Care) Nursing Home or Residence Home for the Aged* InelltuUons of Religious or Phnenthroplc Nature Utility. AceejApry and Incidental Uses Accessory Building Temporary Pleld or Construction ChTroe (Subject to Approval and Control by BuU ft Inspector) Telephone, Business Oldoe Retall and Sarvies LW* Uses Offices, Professional and Adminlshagve Studio for Pholographer, Mueklen, Adlst or Health Aaricultural Use" Animal Clink or hospNel (no outside no outside nms or pane)' ( 'these two land uses we In additkn to the original land uses permitted by Ordinencs 98.163 F` I 20. t t ll i•9e-032 ENCLOSURE 9 ORDINANCE NO. . -!M-4A6J AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO OFFICE CONDITIONED (0[C)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.831 ACRES OF LAND LOCATED AT 3517 TEASLEY LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVF• DATE, WHEREAS, Jerry Yensan, on behalf of Joey and Sherrie Higgins, his applied for a change in zoning for 1,831 acres of land from Agricultural (A) zoning district classification red use designation to Conditioned Office (O(cl) zoning district classification and use d-signation; and WHEREAS, on July 29,1998, a neighborhood meeting was held where at nine (9) residents attended along with the applicant and the owners were present; and WHEREAS, on August 12, 1998, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be In compliance widr the 1988 Denton Development Plan and the 1998 Denton Plan Policies; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the zoning district classification and use designation of the 1.831 acre tract and described in the legal description attached hereto and incorporated herein as Exhibit A, is clanged from Agricultural (A) zoning district classification and use designation to Office Conditioned (0[c)) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, sul: jest to the following conditions: 1, That permitted land uses be restricted to those described in the list attached hereto and incorporated herein by reference as Exhibit B, and allow land uses permitted with a Specific Use Permit in an Office (0) zoning district. 2. That the total floor area for all buildings on the 1.831 acres shall not exceed sixteea Ihousand and rive hundred (16,500) square feet. 3. That no loading docks shall be permitted. 4. That the exterior walls of all buildings shall be constructed of oue hundred (100%1 percent brick or masonry materials excluding doors and windows. 5. That only door sign on-premises shall be permitted. 6. Lighting on the property shall be designed and maintained so as not to shine on or otherwise 1 disturb, surrounding residential property or to shine and project upward to prevent the R , diffusion into the night sky. t' 21. • t; zasau 7. A "bufferyard" riipasuring twenty-five (25) feet wide, and comprising four (4) canopy and eight (8) undetstory frees per each one hundred (100) linear feet, shall be installed along the east property line abutting residential lots. 8. That the maximum building height shall be one and a half (l stories high. 9. No individual building shall exceed seventy-five hundred (7,500) square feet. 10. All buildings must have pitched roofs and it slope of no less than thirty (30) percent. It. No parking will be allowed in the front yard setback of any building along Teasley Lane. SECTION II. That the City's official zoning map Is amended to show the change In zoning district classification. SECTION Ill. That any person violating any provision of this ordinance shalt, upon conviction, be fined a sum not exceeding $2,000.00. Each day Oat a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION lV. 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 L day of 199s. )A LER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: V APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY E BY t c/tt~ ` 22. t4, EXHIBIT A Z-9t)-032 - FIELD NOTES 1.831 ACRES BEING all that certain tot, tract, or parcel of land situated In the J. Fisher Survey Abstract Number 421, in the City of Denton, Denton County, Texas, being all of that certain tract of land conveyed by Es6d from First State Bank of Denton to Jerry Conduff at ux recorded in Volume 2502, Page 413, Real Property Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at an iron rod found for comer In the northeast line of Farm-to- Market Highway Number 2181, a public roadway having a right-of-way of 90.0 feet, said point being the most southerly point of sold Conduff tract; THENCE N 320 04' 64" W, 332.86 feet with said northeast line of said F.M. Highway to a right-ofAwy marker for comer, THENCE along the are of a curve to the right having a central angle of 07' 4V n t, a radius of 1387.69 feet, an are length of 185.89 feet, whose chord beers N 28' 02' 35" W, 185.74 feet with said northeast line of said F.M. Highway to an Iron rod set for corner, said point being the southeast comer of that certain tra.•t of land conveyed by deed from First State Bank to Michael K Knox and Kathy K , Riley recorded In Volume 2605, Page 38, Real Property Records, Denton County, Texas; THENCE N 806 42,6d' E, 319.83 feet the south line of sold Knox and RUey tract to an iron rod found for comer, sold point being U» southeast comer of mid Knox and Riley tract; THENCE S 05' 6413,V1 W, 1A0.31 feet with to the PLACE OF BEGINNING and containing 1.831 acres of land. E r I`!• ~ c, f 23. 3-98-031 PERw. rrED LAND USES ~duoallAnal. Inadtullonal and 8nsgjt.U~sas Art Gallery or Museum Day Nursery or KlnderparW Schod Hosphal(General Acute Care) Institutions of Retlplous or PhAsnMropk Nature Util" Aetaaaery and Inaldental Uses Accessory Bu7IdhQ Temporary field or Consh xiW Offlce (Subject to Approval and Contrd by Mdhp wpedor) Telephone, Business Olga 1321&11 and fierilea Tice Uses Offlus, Proleeelonel and AdmkO*MW Studio for Photographer, Musician, Mist or Health r t'~, ` c 2•vd-01! nuahitAt.4a/,r 24. i THE CITY OF DENTON PLANNING AND DEVELOPMENT DEPARTMENT WGHBORH00D MEETING - x-98-032 PLEASE SIGN-f N PLEASE PRINT YOUR NAME MAILING ADDRESS PHONE ORGANIZATION SIGNATURE / NUMBER (IF ANY) n r , 1 JI f r l X 3b~3-~6 G N to Ol✓ W glThto Solo ,r PX. - V1-737 ' o ~ T~~ " } a . r /r3P ~li lcluNr ~ se 4 it u w .7 3S O s A, W 24 46. 36Y l/3 D sa 703 LzAce „r 397 lum 1 ~ ~ ' gl~ 35n f~ ( ' 0 • ~ ~A 0.T1.~ lf1 -it( nk) woo 391-tvA. le CV1ete ~ 3+~~4 "Teas ~t '1fo~o5 3q2- yg Laodom QFN4N! 4u1nr. t ~9Bl~V~.u, Ly ? ' ~SOOSN, 32LD ~{l5l•~Y u~18~ ENCLOSURE Z-99-038 (3517 TEASLEY LANE) PHOTOS Phc 1 View looking cast from Teasley Lane Photo 2 View looking north across Teasley at front of 3311 Teasley Lane, which was lane towards 3311 Teasley Lane property receolly rezoned to Conditioned Office 1 . .a. it Photo 3 Vru.v looking P •sl at suhjecl property, Photo 4 View looking west across Teasley 3517 Teasley Lane. loca'ed immediately south Lane at an office building located on the south of 3311 Teasley Lane (Pl,Olo 1) side of Bent Oaks Drive It is zoned Planned Developmenl 65 tPD 65) zoning district ~ y irSSrX J Photo 5 View looking west across Teasley Photo 6 V;ew looking west across Teasley La;ie a, an office budding located on the north Lane at the Bent Oaks subdivision located side of tent Oaks Drive It is zoned Planned immediately across the street from the subject Development 05 (PO 65) zoning district property. - ~t . r, i EYCLOSORE 12 ORDINANCE NO, AN O OF THE CITY OF DENTON, TEXAS, PROVIDING FOP. MENT TO C I ITIONS OF ORDINANCE 98-255 WHICH ESTABLISH E (O[CD D ZONING DISTRICT CLASSIFICATION AND USE DES N FOR 1.831 F LAND LOCATED ON THE BAST SIDE OF TEASLEY LANE, 6F BENT OAK DRIVE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF S2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99.038) WHEREAS, Dr. Granville Wright, on behalf of Mr, and Mrs. Higgins, has applied for.on amendment to the conditions of Ordinance 98-255, which established a Conditioned Office (o[c]) s roning district classification and use designation for 1.831 acres of lapel; and i WHEREAS, on June 3, 1999, the Planning and Zoning Commission recommended approval of the requestel change in conditions of Ordinance 98-255; and WHEREAS, the City Council finds that the change in conditions of Ordinance 98.255 will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the conditions of Ordinance 98.255, which established a Office Conditioned (O[c]) zoning district classification and use designation for the subject 1.831 acre property, described in the legal description attached hereto and incorporated herein 4s Exhibit A are amended under the comprehensive zoning ordinance of the City of Denton, Texas, as follows: L A new Exhibit "B", which is attached hereto and incorporated herein by reference, is substituted for the old Exhibit "B", referenced in paragraph 1 of Section I of Ordinance 98- 255, and allows two additional land uses. 2. That in addition to the door signs referenced in paragraph 5 of Section I of Ordinance 98.255, additional signs and regulations listed helow are allowed: A. Wall Sigm. Wall signs shall be allowed on all buildings. However, no wall sign shall be allowed on any wal I of a building that faces (abuts) Teasley Lane. B. Monument Sight, One monument sign per building with one extra monument sign for the subdivision on a comer. The maximum height for morument signs is six (6) feet with a maximum size of sixty (60) square feet. 3. That in place of the'bufferyard" referenced in paragraph 7 of Section I of Ordinance 98.255, an alternative'bufferyard" measuring tcn (I0) fat wide, comprising of four (4) canopy and eight (8) understory trees per each hundred (100) linear feet, and a solid masonry or masonry-like fence that is at least six (6) feet in height may be installed along the east property line abutting residential lots. 27. t c; SECTION U. That the City's official zoning map Is amended to show the change In zoning district classification. SECTION W. That the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance 98.255, but all provisions of Ordinance 98-255 as they apply to the remaining portion of the zoning district land use regulations not herein amended, shall continue Lz full force and effect. SECTION dV, That a copy of this ordinance shall be attached to Ordinance 98 25S showing the amendments herein approved. SECTION V. That any persoc violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that & provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION VI. That this ordinance shall become effective fourteen (l4) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of tdds ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the, day of 1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY$ CITY ATTORNEY r BY: 29. . c EXHIBIT A . 8-99-038 ' FIELD NbTBS ce31 ACRE!# . BEING all that certain tot, tract, or parcel of land situated In the J. Fisher Survey Abstract Number 421, In the City of Denton, Denton County, Texas, being all of that certaln tract of land conveyed by deed from First Stale Bank of Denton to Jerry Conduff at ux recorded in Volume 2502, Page 413, Real Property Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at an iron rod found for oorner In the northeast tine of Faml-to- Market Highway Number.2181, a put to roadway having a right-of-way of 90.0 feet, sold point being the most southerly point of said Condulf tract; THENCE N 320 04' 64" W, 332.88 feet with said northeast line of said F.M. Highway to a rlrht-of-way marker for comer, THENCE along the aro of a curve to the right having a central angle of 074 40' 29"1 a radius of It;87.89 feet, an aro length of 185.e9 feet, Whose chord bears N 28.02' 35" W, 65.741del with asid'norlhee®t line of said F.M. Hlphway to on Iron rod set for comer, said point being the southeast comer of that certain tract of land conveyed by deed from First State Bank to Michael K Knox and Kathy M. Riley recorded in Vofuine 2605, Pape 38, Real Property Records, Denton County, Texas; , THENCE N 80' 42' 0d' E, 319.83 feet the south line of said Knox and Riley tract to an Iron rod found for comer,, said point being the southeast comer of said Knox and Riley tract; ` THENCE S 05.64' 34" W, 600.31 feet with to the PLACE OF BEGINNING and containing 1.831 acres of land. r, f p r; 29. EXHIBIT B ti Z-OM38 PERMITTED LAND USES Educational. Institutional and Soaclal Uses .M Onllery or Museum Day Nursery or Kindergarten School Hospllal (Gen" Acute Care) Nursing Hone or Residence Home for the Aged' InstNutlons of Religious or Philanthroplc Nature Utility. Accessory and lncldsntal Uses Accessory Building Temporary Field or Construction Office (Subject to Approval and Control by Building Inspector) Telephone, Business Offlos Retail and Service Type Uses Offkes, Professional and Administrative Studio for Photographer, Musidan, Artist or Health Aarlf.ultural Uses Animal Clinic or hospital (no outside no outside runs or pens) • These two lend uses are in addition to the oglnel land uses permitted by Ordinance 08.265 w 30. PAN" M1 •.((II ~ •P I r J... .r ~ ~ r. . yVj '"~K. nlrii.~ '~y .IR.~•r ' / w \ R ~ f/ ! Mt i + i ~ I F ~I n I f 1 r f { i.yi ~ ' ' ,I 1,` r rr r f ~r iS Y I R n ~ I n1C ~ ~ • ~ ~ ~ f ~ wlrY •R4\ ~ I r w l i ~ n ~ rA y f M.;~ ~ 1 ~ / w ~ i A ~ M {{ii~w/ ~ .[9 1. M A✓alt tdnw [bNlllrPr d y~ ` r j!~ +jA~L'rA Vl llrt/ d 4w'V. " • / r. iJ xr~ IIWP__~_. .I rllrr.W i A6 ~1 ~ 1YMIrL 11dw[ Io«iura urr 'ua'.. molm y~.m ~ am r~ Mon i n -'-O /y- - / . 1 + n"~ T. rI.I6" Ktr. l4llil m Im, w ti',M1.jJl w IrAAr F V Vr' I r I 11 it B N V ' M wryr ,Ifr of Otnr 0. ll (TIII++. tt..1 •"y'~ ~I 1 1 / ~I...~11 wl_~n to L.. C Y ♦ ' + \ IVIED pR0 Yn ,id 7~ i./r{ M L N,ll K. .KAAA.V ff M h K M. R ,8 1~.r W hms I M m I~ 1 ~i7' II _ e 5V "TAT-74 V/ t1 'M' M' W Irr. N ti wrr R. r ~ A i y ~i w n 1. O ro , .r r r nI w n w n n A w n) t r y R r ~j j r ~ AG .:Y(' '~'~ti ~ 'r r• rl _ 3 m v'+ y ..r..v w r'~!Mr 1~M1-r' - ~a•' _ _ \ Ss~.xrrr i A_ OC w n« n w w w r 1 . I C,7iAL. r f « rYrrl uun t Pianning and Zoning Commission Minutes ATTACHMENT 2 June 9. 1999 Page 5 of 6 annexation the property wwld be toned Af,dculfural (A). The rezoning request is for 65,092 acres from Agricultural (A) to Single-Family Residential at 4 units per acre and a minimum lot sine of 5,760 square feet and 0.082 acre (60 foot x 60 foot area) to Commercial (C) for a future tale-communication tower. (Z-99-025, Top of the Hill Subdivision, Larry Reichhart) Motion by Carol Ann Gamer and seconded by Salty Rishel to recommend approval to City Council. *Discussion of item is Included In Court Reporter's transcript attached to this set of minutes (Page 112). Motion carries 7-0, 15. Hold a public hearing and consider making a recommendation to the City Council concerning the rezoning of 17.692 acres from an Agricultural (A) zoning district to a Commercial (C) zonIN1 district. The property Is located on the north side of 1-35 East from Pockrus-Page Road to Mayhill Road. The proposel is to permit the expansion of the existing manufactured home re' ail outlet, (Z-99-033,1-35 E and Msyhiit Road, Wayne Reed) Motion by Eliz *both Gourdie and seconded by Sally Rishel to recommend approval with conditions to City Council. *Discussion of item Is Included In Court Reporter's transcript attached to this set of minutes (Page 113). N14SL4 carries 6-1. Jim Engolbrechl oooosod, J 16. Hold a public hearing and consider recommending approval to City Council a Dctsited 1 Plan for Planned Development 129 (PD-129) totaling 15.147 sores. It is located west of Stuart Road, north of Wol trap Drive, south of Aspen, and east of Lido Way. The propose! Is for twenty-six (26) single-family detached lots (4.55 acres) and forty-four (44) duplex lots (14.59 acres totaling 88 units). (Z-99-034, Olympia Creek Court, Kathryn Nilsson) Motion by Carol Ann Ganzer and seconded by Rudy Moreno to recommend approval with conditions to City Council. 'Discussion of item Is Included In Court Reporter's transcript attached to this set of minutes (Page 131). Motion carries 4.3 Salty Rishel. Elizabeth Gourdie and Jim Enoelbrecht opposed, (Bob Powell left meeting) 17, Hold a public hearing and consider making a recommendation to the City Council to consider amending the conditions of Ordinance 98.255 as It applies to 3517 Teasley Lane, a 1.831 acre tract of land, to permit on additional two land uses, specifically a veterinarian clinic (with no outside runs or pens) sod a nursing home or residence home R for the aged, and alter the sign and bufferyard conditions. The property Is located on the east elde of Teasley Lane (F, M. 2181) approximately four hundred and seventy-five (475) feet south of the Bent Oaks SubdMslon, (Z-99-038, 3517 Teasley Lane, Wayne Reed) Motion by Carol Ann Ganzer and seconded by Susan Apple to recommend approval',o City I 32. Planning and Zoning Cornmission Minutes June 9. 1999 Page 8 of 6 Counpi. 'Discusston of Item Is Included In Court Reporter's transcript attached to this set of minutes (Page 159). Motion carries 8 0. 18. Hold a public hearing and consider racornmeing approval to City Council regarding a proposed mnoept plan for a Planned Development (PD) zoning district encompassing We acres. The 608 acre property Is generally located north of the City of Argyle, south of Johnson Road between Interstate 35W and Highway 377 In the extraterritorial jurisdiction of the City of Denton, "'exos. At the time of annexation the property would be zoned Agricultural (A). The concept plan request rezoning from Agricultural (A) to approximately 400 acres Residential with a maxlmum of 1875 single-family dwelling units, approximately 45 acres of parks and open space, 10 to 15 acres for a school site and two (2) neighborhood centers'otaling S acres. (Z-99-04 1, Willow Lakes West Concept Plan, Larry Relchhort) Motion by Salty Rishel and seconded by Rudy Moreno to recommend approval with cond'itions' 'Discussion of item is Included in Court Reporter's transcript attached to this set of minutes (Page 173). Motion carries 6.1. Susan Apple opposed. 19. Hold a public hearing and consider recommending approval to City Council regarding a data lied plan for a Planned Development (PD) encompassing 108.3 mcrea. The detailed plan proposal Is for 347 single-family dwelling units, a one (1) more neighborhood center, 22.23 acres of park land and open space. The property is generally Ixated north of the " City of Argyle between Interstate 35W and John Paine Road. (Z-99040, Willow Lakes West Detailed Plan, Larry Reichhal) { Motion by Salty Rishel and secoWad by Rudy Moreno to recommend approval with conditions to City Council, 'Discussion of Rem Is included t.7 Court Reporter's transcript attached to this met of minutes (Page 213). (lotion carries 5.1. Susan Apple coposed. BRIEFIN 1 Q 20, Receive a briefing regarding the proposed Planned Development zoning district for j Robsun Ranch. Discussion of P.ern during meal break. DIRECTOR1 REPORT 21. CouncilActlon, r A` 'Discussion of item Is includeo In Court Reporter's transcript attached to this met of minutes / tr (Page 223). 22. Future Agenda Items. r 'Discussion of Ram Is Included In Court Reporter's transcript attached to ft met of minutes (Page 223), 33. e '0n410wit"r Page 131 Page 139 I seconded to recommend approval with the conditions as 1 2 presented by staff this eveairy. Discussion on the MR eloELeREM., All HAL At this time K 3 motion? Ms. Apple. 3 we will reooevee the modlo+g and continue on with 4 MS. APPM I Just want to say 11) be 4 Agenda item No. 17 which is hold a public hearing and S voting in favor of the motion. Just recently, I bad S consider makhV a recommendation to the City Catoca 6 friends that are ■ couple and do were looking for just 6 regarding amending the conditions of Ordinance 98.253 a 7 this type of thing. The husband Is ill, can't take care 7 it applies to 3517 Teasley Lane, which Is a 1 8•ace 1 of a yard and duplexes traditionally don't have large 1 trod of land to permit on additional two Iand Uses, 9 yards, I think we need to offer some diversity In our 9 specifically a vefalnarian clinic with no Outside runs 10 town because everyone is not looking for a large house to or pens and a nuidng home or residence home for the I I on a large lot and I think we need to appeal to people 11 ova, surd alter the to and buf!ayard conditions. The 12 acrcn the board, not just one section. 12 property is located on the east side of Teasley Lane 13 MR. POWELU Mr. Chairman, 1, too, will vote 13 approximately 415 fed south of the Bent Oaks 14 fa it because I believe some of us wNte-hatred folks 14 Subdivision, At this time I'll open the public hearing, IS would rather have a Smaller lot I S Mr. Rod will provide the staff report Sir. A MR. ENOELIRWRT: Ma Crourdic. 16 M0. REED: Thank M Chairman EngelbrcchL 17 M5. GOl1Rrim: %as I stated earlier, 1 will 17 This case may NOW very familiar to the Comunissi00. I s net be voting in favor. It's net because I'm is Back in April of this year Dove Crock came before you 19 anti-duplex, 1 think they're wonderful, 1 think 19 for an amendment to the Same conditions minus the 20 they're necessary. But I think we need to fax the 20 bufferyard for the five-um zoning district loc3tod 21 reality of air today's society and out economy that most 21 Just to the north of this Site. As the vicinity map 22 of us are a two-family car people. Both the husband and 22 points out, the site is a triangular lot located 00 the 23 the wife or the couple have can either to go to school 23 east side of Teasey Lane just south of Bent Oaks Drive. 24 or to work and I think that we arc doing a disservice by 24 The property that I'm referring n,0. which is e0mm09y 25 net providing enough parking for the people that will be 25 lmowm as Dove Crock Office Park or Office Conditloned Page 138 Page 160 1 using the transportation, So I'll be voting against I Zoning District No. 33, cane before you previously. 2 this just for that reason only. 2 You recoinmended approval for that to add the 3 MR ENoEt.IREatn Any other discusslon7 Mr, 3 two land uses that the applicant is requesting to add to 4 Rishel. 4 this one and to change the Sign provisions In it And 5 MR. AMHEL' 1 feel like we've turn into this S we worked out rather, in great detail with the previous 6 type of subdivision before, The strocts l'd tike to see 6 request, exactly how the sign provisions sh aid be 7 broader to be able to Sxammodate for the type of family 7 amcoded. The Sign provision amendments we consistent e that we have today. I we this as Something dial a lot 1 with those slightly different based upon the 9 of these will be absentee u%Ten, both sides will be 9 configur.tion of this lot So I'm not going Into any to rented out. I think there's a need for this type of 10 more detail on that other am the Sign recommendation i I bousing. 1'd like to ax it developed In a broader l I fee this particular one it Slightly different than the 12 spectrum with regard to mail adequate parking, more now 12 previous one. The previous one had an interior public 13 of Street% more on-Nrod and off-street parking, 1 13 road that was to be built or is to be built with the 14 think that we're looking for trouble in what we've gee 14 platting of that property. 1N s one is of a different is as a site developed at this point in time 1 S configwatlon, more shallow and doesn't allow for such a 16 MR. ENCEt9RECNT: Anyone else? I will be I6 oonfigoration or an improvement to be made 17 voting against the motion, as well. Primarily because 17 So on page S of the off report we simply II of the parking. I'm nn, convinced this is a good way to is talk about the amendment possibly beird that In addition 19 do this. Any other discussion? All in favor of the 19 to door Signs referenced in the existing ordinance that t 20 motion raise your right hand Opposed wee sign. 20 applies to this property, additional Signs and /r 21 MiL Rismu opposed 21 regulations listed below Should be AWvd and we have 22 MS, ootrRDte_, opposed. 22 wall Sigma, that one wall sign Shall be allowed an a r 23 MR ENo£1nwn: Opposed. Motion carries, 23 building. No wall sign shall be Veda than 32 Square 24 four to three. And, Commissioners, let take a five to 24 feet in total area. Monument dgnt, one monument Sign 25 10. If you could be back In scvw, that would be good 23 per lot The previous one was one lmontmmrnl sign per PLANNING AND ZONING COMMISSION IUNB 9, 1999 Page 157 • Page 160 34. . t I I I Coodoaaelt~` Peke 161 ?W 163 t ouilding and one extra one on the corner, Again, 1 into two into or whatever may be nowensbde fre them. 7 there's no interior street here so there's no reason to 2 Of Worse, there is a Limit an the total square footage 2 tm such a provision. So we specified the sign It that an be allowed on this property and the VW 4 provWo a for this arnendnxmt to this particular pawl 4 square footage per building. So these Is a limit to S to be more or less consistent with the previous one. S what can be placed on that 6 The applicant Is asking for one ddidonal 6 Mil states okay. Thank ye t. 7 type of amendment that did oat exist on the previous one 7 MR. EMGMBId'.CTrF: other queetieru, a and that is he would tike the option of two buffayards. 6 CartmiWeetra7 Thank you, Mr. Rood b petitions or 9 He would like to decrease the width required by the 9 petitioner's representative presmt7 If YOU Would pve to present ordinano of 25 feet to IO fat end In place of to us your nerve and bushom obsess fa the record. I I that 15 feel be required to construct a masonry fens or t l MR. FRAMER: I'm Dal Fn7iCf, FraalG 12 a masonry-like fence, which is not required by the 12 Commerdd Real Estate, 1740 Westyrdnister hone In j 13 present ordinance. In staffs evaluation that would be 13 Denton. 1 am hero on behalf of Granville Wright, Doctor 14 a more or less equal type of bufferyard. !4 of Veterinary Medicine, Who is also here in the is we did mail out notices to property owners. 13 audience. Dr. Wright'$ Intention Is to Omvtd the 16 The number that was sent out was six eertifiod tetras 16 existing residence into a WWI endmd vciaWl 17 and in addition we nailed out letters of a neighborhood 17 clinic. And he is going to subdivide and we are In the I a meeting to all the residents of the Bent Oaks 16 proem of preparing a preliminary plot for submissloo 19 Subdivision. And just as it oocursed for the previous 19 fu your review, which will subdivide the 1.8-sm bid 20 request at the neighborhood mating, no residents did 20 into two lots, One lot will be when he will wide 21 show up but the applicant did want to provide that 22 with his baaincas on tea existing A nlctu a and the 22 opportunity fa them. In response to the notices we've 22 erba lot will be additional land for Insole. 21 received only one, which I Just handed to you, and that 23 tie has been in the veterinary business for 24 indiatW an "in favor' response to the request. 24 26 year, fie built and operated his owe clinic In the 2S So stafl"a analysis Is that this would be an 2S Houston area and has recently moved to the Carrollton Page 162 Page 164 I mcneinncnt to the exlsting ordinance conoeming land 1 area where be now resides with his wife. And he's 2 uses, signs and the bufferyord that would be compatible 2 decided he wants to get back into the veterinary 1 with existing coning surrounding the property, as ee:ll 3 business hers on a Uttk smaller sale than whet be 4 as future and existing land M. Staff recommends 4 operated in Houston. This site offered a couple of s approval of this seeing that it Is also consistent with j positives for him One Is obviously geld growth ores, 6 for 1988 Denton Development Plan as established when 6 good thoroughfare area end, secondly, it offered an 7 this was rcroned to a Coeditionod Office caning district 7 existing structure which can easily be conversed into a e and consistent with our 1999 Denton Plan tlmwth It veterinary clinic which he is currently working with a 9 Managcrnent Policies and Plan. 1'd be happy to maws 9 contrecter on those plans. 1'd be happy to answer any 1 10 any questions A this time. 10 more questions. I I MA. MELMECHT, Any (locations, 1 l MA ENGEURMIT: Commissichers, Ms. 12 Commissionem? Mr. Moreno. 12 Ocurdie. 0 MR. AtoRiNo: Yes, Mt. Reed, with regards to I I 4a GOMIE; on the 1.63, whicb Id's Just 14 signs, you're recommending one momuneni sign Per lot? 14 rand uP to two sera, so there's ON to be two IS M0. REEF. Ye& is coe-acne lots. Is that what ym,re saying? 16 MR. MGRENa Ilow many lots err on the I6 MR. iRAMER., I'm no sure of the exact 17 prepcrty7 17 dimanclats on each aide yet because our surveyor it I! MR REED: Unlike the previous developmtnl 1 a currently, u we speak, actually dolrng the drawing and 19 which had a prcliminary and final phut being reviewed by 19 calculating the Auer footage on each aide. But they 20 staff, this one does not have a plat and 1'd like the 20 will be very close to being equd In aise. 1 1 J 71 developer, maybe, to answer this in mat detail. At 21 Ms. OOMIE out there's only going to be 22 peset 4 then it one potential client to move into the 22 two separate lots, not tak£Ig the one acre and then 21 existing house and he does intend on subdividing this 23 subdividing that down. 24 tract right now, about two acres, into two tuft but 24 MR. MAZIF.IL That is not our lutentIaL 25 the second lot which is a Iafga era may be subdivitiod 25 Obviously, l cart'I speak for who relay buy it ad sometime PLANNING AND ZONING COMMISSION JUNE 9, 1999 35. Page 161- Pyle 164 1 . Condenselt'w I Page 165 Page 167 I t come back at some point but our Intention Is to t MR ENGELDUCHT: 1 thought you had some 2 subdivide it Into two lots. 2 kind of material in mind. e S MS. Gouplar okay. 'Runk you. $ MR. FRAMER: I Ia4nite they were trying to I,. 4 MR ENGeLaRECHT: other questions? W. 4 encompass if we decided to do a stucco-type fence or 5 Rishel. 5 something or that naturo, 6 Ma. itwEt,: 7te disCUdlon that occurred 6 MR ENomN.ECHr: okay. Tbank you Any 7 between you snd staff regarding the signege in that 1 7 other questions? T1ank you, Is then anyone present s think one of the reasons we got into the type of sigmue s who would like to speak In favor of this petition? 9 we did on one previous property was because it did have 9 Anyone present to spelt In favor of the petition? In 10 an entryway that was unique and we are trying to work 10 that can, anyone present to speak in opposition of the I I with that particular situation. And then as the road 11 petition? Anyone present to speak in opposiiord 12 entered Into the development area of which it wasn't I2 Wrii; no opposition, rebuttal is waived. Public 13 inkndtd that the signage be read rrorn the stmt at 43 13 tracing is closed bit. Reed, any final staff remarks? 14 or 55 miles per hour. I like the Ida of keeping the 14 MA REED: No. e 15 signage as he approach of your property consistent with I S mit EN m eitECHT. Commissloners, any 16 what we're doing next door but I'm not wee anythirts 16 questions for staff or comments of A motion? 17 else regarding that signq,: applies to what you would 17 Ms. "mot, W like to make a motion. I I need as a specific piece of property further into the Is ms. owitmE: 1 have a quest on for Wayne. 19 drvelopment, 19 Is it not wYitten that I monument sign bas to be certain 20 MR. rLaxER: we did discuss that and, 20 fat apart? Isn't it like 60 feet span from the next 21 obviously, with two lots you would envision two 2I one or what was that? 22 buildings. However, multiple buildings could be built 22 MR. REED if that'I on the same lot, 2$ on one lot if they wen still all within the same 23 MS. OWKNE: it's on the same lot? So they 24 ownership. And if a private drive easercnt or something 24 could actually have one monument sign an the side of the 25 was constructed where each building didn't have Its own 25 driveway and one on the other side even though It's two Page 166 Page 16s I Identity, then there may be a mood for a building to 1 separate Ids? Doesn't that defeat the putpm? 2 haves wall sign. We didn't want to exclude that Rod 2 MMR REEI? 1 do believe so. Mr, Dcoaldsonn 3 staff fel! it was consistent with the other request, 3 Is looking at that. 4 given that it is not as big and it is net designed like 4 MR DoNALDsoN: Eat me check here. $ the neighboring property but we didn't feel that we 5 MR. I3SHEEr 'Here's a residence already on 6 didn't want to exclude the tight to put a wall sign on 6 this property? 7 in ease at some point we decided to build another 7 MR REED: Correct. No, actually, thy'n a I building on the lot where he house is. Certainly, s residtrtial zoning district so in this use this is a 9 there's ample root there to do that. 9 one residential. 10 MR. 103SHEl.U t appreciate that 1 don't 10 MR. DGNAtmom 1 don't we that there's a I I think it's our intention every time to navrite he Sign I I minimum spacing specified if them we mom than one 12 Ordinance and where we're trying to to in our 12 lot. Tberc's s minimum space specified if you have mw 13 community. So 1 appreciated staff "rig that with you I) than one sign on a single lot, But then it would be 14 so we hove some consistency in the area but 1 don't know 14 governed by he setback requirements from the side lent 15 if Hat's where we want to go with everything signage- IS line which Is 10 feet so hey would be a minimum of 20 16 wise In or community. 16 feet apart. 11 MR. r.NGEI.aRECHT: Other questions? One,1 17 Ms. Covotom Thank YOU. Does it daeribe I` ~I 19 just have one with regard to the alternative bufferyad, 16 what a monument sign Is, I man, other am just it Nits I r 19 there was the staff has written this to say a masonry 19 ors the ground and fulls up Ms. Apple can't take It f Ic. 20 or mrasonrylike fence. Do you have any idea what a 20 anymore. Don't worry about it, I'll call you about it. ! ! ' 21 masonry•k.ice is or did you have something In mind? h 21 MR. E OWURtafr: were you walting fa a 22 that why t'ncy wrote that? 22 response from staff or not on that ate? 23 MA F RATER: Actually our discussions dealt 23 MS o0t1RM: No, It's just we're defeating 24 with masonry. They added masonry-like root to our 24 the punrpoee of talon anent signs. I Think we're _ gk 25 request. 1 think hey wire just trying to give us • 25 whole purpose is to say Us Is Dove Creick Offloa 275 FLANNiNO AND ZONINO COMMISSION JUNE 9,1999 Fuge 163 • Page 168 36. I I Condooaeltn' Page 169 Page 171 I Teasley, and then you're supposed to be able to drive in 1 gtreatioo answered? { 2 and fund the wall signs far the offices you want. But 3 Ms. GouRDte 71W& YOU. I 3 instead it's become a thlag of talking about who 3 ME lotOPlttREttrt: Ms. Clow, it's bow 1 everybody Is in this plate versus mmuments telling you 4 brought to my attention that it may not be clear tbat s to pull in. It's just become a little out of control. J yrw motion includes all of these items because they 6 1 think these monument signs, toquesting them, they 6 aren't stated down there. It's boeo muestod that we 7 drm't - 7 might stake the motion base' n the first two it looks 6 Ma. iNGELBRECHT: They've darted 6 like the rVV 9 subdividing all the lots up. 9 Ms. GANM trader purpose? 10 ME DGNAtDsom net me read the definition. 10 MA Esoamkmff: under Staff analysis, were I i Monument sign mom a ground s'$r which Is solid fm n I I page just up n the top of the page. Alleviate the 12 the ground up and is made of atone, concrete, metal. it first two words where it says "approval of." 13 routed wood planks or beams, brick or Similar mstuiak, I T MS. GADAEA okay. I'll reword it thee. 14 and the pole or support of the alga shall be concealed. 14 should I do that and jug read this first paragraph? I is So it's not a pole sign. 15 recommend approval of Z•99-0 38 to add two land sues, 16 Ks. cojxwF: hank you Okay, Ms. Ganger. 16 specifically a veterinary clinic with no outside runs or 17 It's all your. IT pens and a carting home or residence home for the aced 18 MS. GANZEE I have my light on VOW. 16 to the existing ctsnditioncd Office twining district, to 19 stet ENGELBRECHT. Yes. (30 for it. I've got 19 allow one rmument Sign and one building wall sign per 20 it here 20 office building, and to allow tot an alternative 21 Ms. GANuE 1'd hilts to stake a motion. I 21 bufferyard. 22 trove o recommend approval of Z•59.039 finding that Is 22 MS. APPLE: second. 23 consistent with the 1988 Denton Development Plan. It is 23 ME REED. cm I just make one 24 consistent with the adopted 1998 Denton Plan Policies. 21 ciarifrcation? Instead of "offloe building" we should 25 It provides for a compatible arrangement of land uses 2s say per lot., Page 170 Page 172 I and protects existing neighborhoods. It provides 1 Ms. oANzER pct' lot. Okay, I'll change 2 Siptificant public improvements and it will provide safe 2 that. 3 and adequate traffic chreutation. 3 MR. REED, Think you. 4 1tS. APPLE; Second. / Ms. APPLE: i'il second that also. 3 ME ENGPA mcitr: R's been movod and 3 MR. ENOELBRECHT: so we now have one ° 6 seconded to recommend approval. And as 1 tmdrrstoed the 6 awnutstent sign per lot? 7 motion, of all the aspects u recommended by staff. Any 7 ME REED. Yes, and that wan in the langaage 6 discwasion on the motion? Ms, tburdic. s In the staff report, as well. Teat I also talked about 9 Ms. eousmm Ax real quick. If the 9 In the prow fition. 10 person who buys the one are opposite o'the veterinary 10 MA. ENOELBILEW: And then one sign per I I clinic arkI decides to come back and subdivide the land. I1 building? 12 they have to come and request that through the City, 12 MS.OANZER: Wall sign. s 13 comxt7 13 MIL FNOELBRPCNT: Otte wall sign per 14 MR IIEED. well, they would have to go 11 building. I S dwm* the platting proocsi Et, again, if they mOct Is ms, oANZBR: Per office building. 16 our Subdivision Iteguiotions it's rat a matter of dchete to MR. REED Yes, thank you. ) 7 at PM, It's justa matter of consent 17 MR. PNoPLBREam okay. 1 m just hying to Is ma. Goutve; And tree they can do tw6cr 18 make aura that - 19 monument sign and g0 forward. 19 14, OANZEK 80, IhetefOM, if there is a A~ r 20 ME REED: Yea. 20 buildit>,," drat has two or throe offkxs in it, they Could f f ~ ti 21 Ms. GouRD1E: okay. Thank you. it only have one sign. Is that what we're saying, one wall 22 ME REED: Ihere Ice a MAXIMUM floor area 22 lign? 23 allowed on rids property of 16,500 a then would be a 23 MA REM Yes. 21 point where they couldn't keep doing it 21 Mdtt. ENOELBRECHT: But if the let had two Or 1f MR tmru Rem so slid you get your 23 three building, each building could have it sign. l PLANNIINO AND ZONING COMMISSION ILINS 9, 1999 3 7 Page 16Y " Page 172 I l i I i condeeacit"' _ P+ga 173 Page 1T5 1 MR. GANW: Right 1 park areas, a four-acre site here associated with this MR. ENGELAREM: Well, is them any 2 10-sere school site, a 16•scre arcs adjacent to SSW. Rat 3 discussion on the motion? Everyone understand the 3 a linear park along an area or floodplain dw cormects 4 motion? No discussion. okay. I Yvuld want to sat of 4 to a proposed lake here. And then it also calls out for 5 echo what Ms. oourdie had to ray. I, too, am beginning S ■ series of pocket parka within each neighborhood and 6 to be a little concealed about making these one monument 6 two neighborhood eentem which have been defined to be 7 sign per lot. We stars breaking these lots doom and we 7 amenity centers and most likely will include a swimming 8 could brjn to have wourrmt signs every few feet. And 8 pool, clubhouse, that and of thing. 9 1 don't think that was the Intent. On each tide of the 9 WeII, it co-ablidics a gross density of 3.72 to roadway and I don't thlnk that was ever the intent of 10 dwelling units per acre. It creates a minimum lot I I what's going on and I certainly think we need to maybe 1I criteria that allows a minimum lot size of 5,500 square 12 look at that. Maybe then needs to be minimum frontage ' 12 fat, width of $0, front setback or 20 feet, rear 13 at something. 1 mean, really question it. And from the IS setback of 10 feet, and a minimum side yard setback of 14 standpoint of folks trying to rind the signs and use 14 five. I believe in your baclmp it actually called out 15 them, I mean, I'm not sure how valuable they become when IS the number of lots by sizes. Tlterc's a variety of lot 16 they're one righ' after another. Anyway. Any other 16 sins proposed within the entire 508 apes, going from a 17 discussion? All In favor raise your right land. Motion 17 minimum or 5,500 up to a maximum minimum size of 8,400 is carries unan' square fat. ay. We'll move onto Agenda Item No. 18, 19 'Ile concept plan as it's submitted moat all 20 hold a public hearing and consider recommending approval 20 the minimum requirements of our Po ordinance and it's 21 to City Council regarding proposed concept plan for 21 comistent with the Growth MarwV mrst Strategy that 22 Planned Nvelopment zoning district erlcamprssing 508 22 calls rot residential neighborhood centers to be 27 arcs The property is generally located north of the 23 devetoped in this area with a density or three to four 24 City of Argyle, south of Johnson Road, bctwoen 24 units per acre. The dedication or public park land, f 23 Interstate 3SW and highway 377 in the extraterritorial 25 particularly those of the floodplains and the wetlands li Page 174 Page 176 1 jurisdiction of the City of 0.ntom At the time of to the west we consistent with policies adopted in the 2 annexation the property would be zoned Agricultural. 2 Growth Management Strategy and the Denton Plan Policies. 3 1he concept plan requests reroning from Agricultural to 3 One issue that has came up Is that the 4 approximately 400 sera midmdal with a maximum of 4 proposed FD guidelines call for then grand signs, pole S 1,875 single-family dwelling units, approximately 45 S signs more than likely. Throe signs, one along 377 and 6 acres of park and open space, 10 tr! IS acres for ■ 6 two along one along 33W, I'm sorry, and two along 371 7 school site, and two neighborhood centers totalling five 7 rot the purpose of advertising O,c development. The 8 serer, And I believe them maybe some change in I criteria that we've got in your backup for those signs 9 that. At this time I'll open the public beariry and Mr. 9 that Indicated that they could be as large as 12 feet by to Donaldson will provide us with the staff report In place 10 S8 fat. Just this morning 1 received a modified ILA I I of Mr. Reichhart, who's not living on the dnect anymore I I of attribute for those signs and they have ban 12 now that he has a house lore in Denton, 12 dowtnsized to 10 feet by 2S fat, which would be 230 13 M0. DONALMN The location map to get 13 square feet. Those three sigma one inconsistent with 14 everybody oriented, the site Is in southwest Denton 14 onr Sign Cade in a residential well, number one, we 15 between 35W and 371 and na-ih of Crawford Rood, which IS don't allow what we would term to be of -premise signs. 16 extends across here. A motion of toe property north or 16 And within a etCJential zoning district, we would 17 Crawford Road is within the City of Arpyk City limits 27 tequirc that any on-premise signs would be touch smalls IS so the concept plan will apply only to the shaded area 18 then dw, ww'ilng on the order of 60 square feet, six i 19 that's above this line. 19 feet of ntaximtsm bekhL k , 20 I'm not sure if I have a cumnrt ccTy or the 20 one other change there's a couple of 21 noel vwrcnt It's an old one Can you faus that? 21 other changes from that list of attributes of the PD 22 Okay. 1 think you have • version of this In your n Ordinance that's on page 21 of your backup. Oa minimum 23 baclagv. T1x concept plan called for a total number, a 23 lot depth, for thte 1,400 square feet Iota, that has beat 24 maximum number of 1,875 single-family dwellings. It 24 reduced by five fed doom to I10 feet. And for the 25 also calls out two potential school dies, a number or 25 other two columns, the 7,000 square foot column, the PLANNING AND ZONING COMMISSION JUNH 9,1999 i g . Page 173 • Pag! 176 I I A i i ATTACHMENT 3 NOTICE OF PUBLIC HEARING ' s Z-99-038 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, June 9, 1999, to consider amending the conditions of Ordinance 98-255 by adding two addillonal land uses, specifically a veterinarian clinic (with no outside runs or pens) and a nursing home or residence home for the aged, changing the sign restrictions and reducing the bufferyard on the 1.8 acre tract, commonly known as 3517 Teasley Lane, located on the east side of FM 2181 (Teasley Lane) Just south of Bent Oaks Street (see map on backside). The subject property Is legally described as Tract 7A of the J. Fisher Survey (Abstract 421), In the City of Denton, Denton County, Texas. The public hearing will start at 5:30 p.m. In the City Council Chambers of City Hail located at 215 G, McKinney Street, Den',^ Texas. Because you own property within two hundred (200) feet of the subject property, the PrnnIng end Zoning Commission would like to hear how you feet about this zontng change request and Invites you to attend the fwblle hearing. Please, In order for your opinion to betaken Into account, return t •~s form with your comments prior to tho date of the public hearing. (This in no way prohlb/ts you from amending and particlpatIng, to the public hearing.) You may fax It to the number located it the bottom, mail it to the address below, or drop it off In•per_•on: Planning and Development Department 221 N, Elm ST Denton, Texas 711201 Attn: Wayne Reed, Planner II The zoning process includes two public hearings designed to provide opportunities for citizen Involvement and cornment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by. way of this notice. The first public hearing is held before the Planning and Zoning Commission. The Commission Is Informed of the percent of responses In support and In opposition. Second, the zoning petition Is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Cowicil• If owners of more than twenty (20) percent of the land area within two hundl ed (200) feel of the site submit written opposition, than six out of seven voles of the City Council are required to approve the zoning change. 7heso forma are used to calculate the percentage of fandowneropposifion. Please circle ono: :In favor of request Neutral to request Opposed to request , I Signature: Printed Name: Bob She ton - anh Shnltnn x ~r. JUN 7 r~~ Mailing Address: 3505 Teasley Lane u L- F. City, Stale Zip: Z*44.0.Ar T-X ?6305 PLANNING b OEVELOPMEN? r r~1,"~ TalephtreNumber: 940-243-3090 --'r Physical Address of Property within 200 fee; 3505 xcasLAl i.Aae Denton, TX 76205 CfTY OF DENTON, TEXAS CITY HALL WEST - CENTON, TEAS 78201 , 940.349.8350 (F)940.349.7707 ! og 038 Legal Nal s doc 39. ~..r<,.r. w MISSION i I \t ATTACHMENT 4 a, ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMENDMENT TO THE CONDITIONS OF ORDINANCE 98.255 WHICH ESTA13LISlIED AN OFFICE (0(Cj) CONDITIONED ZONING TRICT CLASSIFICATION AND USE DESIGNATION FOR 1,831 ACRES OF LAND L ON THE EAST SIDE OF TEASLEY LANE, SOUTH OF BENT OAKS DRIVE; PR G R A SAVINGS CLAUSE; PROVIDING FOP. A PENALTY IN THE MAXIMU L T OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFF V TE. (Z-99-038) 1VHE Dr. Granville Wright, on behalf of Mr. and Mn, Higgins, has applied for en amendment tote conditions of Ordinanc 98.255, which established a Conditioned Office (o(c]) zoning district classification and use designation for 1.831 acres of land; and WHEREAS, on June 9,1999, the Planning and Zoning Commission recommended approval of the requested change in conditions of Ordinance 98.255; and WHEREAS, the City Council finds that the change in conditions of Ordinance 98.255 will be in compliance with the 1988 Denton Development Platt, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan-, NOW, THEREFORE 711 f COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION 1. That the conditions of Ordinance 98.255, which established a Office Conditioned (O[c]) zoning district classification and use designation for the subject 1.831 acre property, described in the IcLal description attached hereto and incorporated herein as Exhibit A are amended under the comprehensive zoning ordinance of the City of Denton, Texas, as follows: I . A new Exhibit "B", which is attached hereto and incorporated herein by reference, is substituted for the old Exhibit "B", referenced in paragraph 1 of Section I of Ordinance 98. 255, and allows two additional land uses. l 2. 1 hat in addition to the door signs referenced in paragraph 5 of SQ~rt I of Ordinance 98.255, 1 additional signs and regulations listed below are allowed: ° \\~y A. I{'all Signs. One wali sign shall be allowed on b t A. Alomentent Signs. One monument sign p t. a ximum height for monument signs is six (6) feet with a maximum size o~ i ) square feet. 3. In addition to the "bufferyard" referenced in pars raph 1 of Section I of Ordinance 98.255, the following "bufferyard" may be used as an alternative along the eastern properly fine abutting residential lots: A "bufferyard " measuring ten (10) feel tsdde, comprising of jour (I) canopy and eight (8) understory trees per each hundred {100) linear feet, and a solid masonry or masonry-like fence their is at least sit (6) feet In height maybe Installed along the east properly line abutting residential lots. 40. (I xl Wig. That the City's official zoning map is amended to show the change in zoning district classification. SECTION 111. That the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinance 98.255, but all provisions of Ordinance 98-255 as they apply to the remaining portion of the zoning district land use regulations not herein amended, shall continue in full force and effect, SECTION N. That a copy of this ordinance shall be attached to Ordinance 98.255 showing the amendments herein approved. SECTION . Tnal any person violating any provision of this ordinance shall, upon cc, • lion, be tined a sum not exceeding $:,00.00. Each day that & Provision of this ordinance .a vi,, ,ed shall constitute a separate and distinct offense. SECTION VI. 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 Rocord-Chronicle, a daily newspaper published In the City of Dentc.i, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the _ day of .1999. I JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEOAL FORM: HERBERT L, PROUTY, CITY ATTORNEY w BY: s41. t i • EXHIBIT A 9-99-938 FIELD NOTES ' i;W ACRES BEING al; that certain lot, tract, or parcel of land situated to the J. Fisher Survey Abstract Number 421, in the City of Denton, Denton County, Taxes, being all of that certain tract of land conveyed by deed from F.'st State Bank of Denton to Jerry Conduff et ux recorded in Volume 2602, Page 413, Real Property Records, Denton County, Term, and being more particularly described as follows: BEGINNING at an Iron rod found for comer In the northeast line of Fame-to- Market Highway Number.216i, a public roadway having a right-ot•+way, of 90,0 feet, sold point being the most southerly point of sold Conduff tract; THENCE N 32. 04' 64" W, 332.88 feel with sold northeast line of said F.M. Highway to a right-of-way marker for oomcr, THENCE along the are of a curve to the right having a control angle of 07.40' 29", o radius of 1387.89 feet; an oro length of 165.89 feet, whoa chord bgaro N'. 28.02' U, W, 185,74 feet with said northeast Iind of'said F.M. Hfomiy to on iron rod set for comer, sold point being the southeast comer of that certain tract of land conveyed by deed from First State Bank to Michael K Knox and Kathy M. Riley recorded In Volume 2805, Pegs 36, Real Proporty Records, Denton County, Texas; THENCE N 804 42' 6d' E, 319.83 feet the south line of sold Krw and Riley tract to an Iron rod found for comer, sold point being the scuthesst comer of sold Knox and Riley tract; THENCE 8 05' 6413411 W, 600.31 feet with to the PLACE OF BEGINNING and containing 1.831 acres of land. r. 42. 1 (1 EXHIBIT B Z•99-038 PERMITTED LAND USES Educ Clonal. Instkneonal ndaoaci•I Uses AN Gallery or Museum Day Nursery or Kinderger!en School Hospilel (General Acute Cars) Nuroing Home or Residence Home for the Aped' Institutions of Rallglouo or Phllenthropia Nature UNW, Spry and Incidentml Uses Accessory Building Temporary Field of Construction Office (SuNoct to Approval and Cantrol by BulldkV Inspector) Telephone, Business OfSce Retell and Sarvlee Tvoa Usss ON{ces, Professional end Admtnlstretlve Studlo for Photographer, Musklan, Mid of Health Agricultural Uses f nimal Cllnlc or hospital (no outside no outside runs or pens)' These two land uses era In oddltlon to the orlglnal land use" permitted by Ordinance 98.255 i i 43. 1. i 1 AGENDA INFORMATION SHEET AgendaNa Ag s Itan1~ ,a .s AGENDA DATE: July 20,1999 DEPARTMEN'T': Planning Department CMlDCM/ACM: David Hill, 349.8314 SUBJF,C,~-WheeterRidge (A-89) Hold a public hearing regarding the proposed voluntary annexation of a 167.477 acre tract located southeast of the intersection of Robinson Road and Teasley Lane (FM 2181) in the extraterritorial jurisdiction of the City of Denton, texas. The proposal is to develop the property for single-family residential and commercial. (see Attachments land 2) BACKGROUND The petitioner (Wheeler Ranch, LTD.) is proposing to develop the subject property as I52 to 157 acres of single-family residences with dedicated open space and a maximum density of 4.0 unites per gross acre or a maximum total of 628 units and 10 to 15 acres of commercial development (see Attachment 4). The site Is in the Extraterritorial Jurisdiction (ETJ) of the City of Denton. At the request of the City Council the annexation and zoning proceedings have been separated. 'the development as proposed will require public improvemcnts. The following is a preliminary list of those improvements that may be triggered by the platting process. I. Right-eGway dedication along Nowlin Road, Robinson Road and FM 2181 ('reaslry Lane), 2. Possible right and Icfl turn lanes on Teasley Lane into the subdivision. 3. Possible participation in a traffic signal at Ryan Road and Teasley Lane. 4. Construction of internal sircels, 5. Construction of sidewalks along all public streets. 6. Extcrsions of public utilities to service the development. 7. Possible upsiziag of existing Granada lift sta'ion and sewer lines. 8, Storm water drairoge improvemcnts, 9. Installation of fire uydrants. 10, Dedication of public utilities. 11. Dedication of the flood plain area as a drainage easement. 12, Partial construction of a new primary major arterial as identified on the Denton Mobility Plan. i ' r 1. The residential t portion of he proposed development, if built, would be subject to the land dedicat;on portion of the Park Dedication Ordinance (Ord 98.039). Although on application for h platting has not been submitted, if platted prior to annexation the proposed development would be exempt from the park development fees of the Park dedication Ordinan.e, because it is located in the ETJ. If it were within the City, park development fees ($187 per residential lot and'or unit) would be collected when building permits were issued. In accordance with the City's annexation policy plan, approved in June 1993, the City will "assess on a case by cane basis the annexation of areas in the ET) when significant developments are proposed". A preliminary annexation Service Plan has been prepared rot City Council and public review during the annexation process (see Attachment 7). The capacity of infrastructure such as water, waste water, streets and electric service and services such as police, fire, recreation, and general government are evaluated with respect to the proposed annexation, PRIOR ACTIONIREVIEW (Council. Boards. Commissions) June 22, 1999 • City Council institute annexation proceedings FISCAL INF'OMIAT10N None at this time. ; ESTIMA 'ED PROJECT SCHEDULE This 13 the first of two public hearings to be conducted by the City Council concerning this annexation. The schedule for public hearings Is consistent with the requirements of State law. , (sce Attachment S), SUGGESTED RFCOMMENDATION ; The Growth Management Plan indicates that this area should be developed as low density residential. Since this property is outside of the city limits, annexation is the lobtcal step to " ensure that this in fact occurs. It will provide the City of Denton the authority to regulate land use based upon a zoning classification, Therefore, staff recommends that the City Council conduct a thorough analysis regarding this request rot annexation, 1W tl, f P1,0 1.0 1 0f L . 2 i c c ATTACHMENTS 1. Lok•ation Map 2. Vicinity Map 3. Zoning Map 6. Proposed Zoning. 5. Annexation Schedule 6. Utilities Map 7. Service Plan S. 500 Foot Notice Map 9. Denson Mobility Map mitte4: i ReMOA) Mark Donal dson Assistant Director of Planning and Development Prepared by, L chhart Development Review Manager s . ri 44?1atCCACENIJA EQvfsrrOWdoe 3. 1 . 4 CI f' ATTACHMENT I R, NORTH A-89 (WHEELER RIDGE) I e 0 E LOCATION MAP r 1r'; Agenda Date: July 20, 1000 4. Sale: None u A'T'TACHMENT 2 A NORTH A-89 (WHEELER RIDGE i ALI 1 E • r OAKNON1 VICINITY MAP 4 Agenda Date: July 20, 1990 g, U sic None r ATTACHMENTS AI& Ik NORTH A•89 HEELER RIDGE wa, • ,~'rs 1 • .1 S{~ IMw f ~o PD•17 4~ 1~ 1 : I K 1~~' nw•+ + 1 PD I I , A I af•10 a • ~ A r PD•111 A OAKMONT e j j ZONING MAP ` i Or Agenda Data; July 20, a , gosh: None Aima it I _ ' _L~II~ML_.hYM1Y~IY~1!l4Ra W.laM/1CWP.J ~ j I ~ 1 I I . I 1 w~wrw 1 r ~ i y I / 1 1 I ~ VI• 1 I ~ I WHEELER RIDGE t j wlw~ffr+ iwnlritl 1 4 - ' mom" ww r/► r r+w Irr rr• rr• w we ~ w rwr / irrr .ww .rw url Yw.• w wZ rw ~ / , r Ira r r r . r • • • ~ Y r l wA / .Irp U rrrrr IrM W / • I Y r w I ~ S ~f ,rlrrr..wrlNrr.yr...w.r.rr1/MwMr+r•r~ ~ ' Iw~~+r.wr.wrwr►r+rr.rr~rwr.rrrr.rr.r I _ • .r.r~nr~~rrrrrn~.r..~u.rrw•uwM I 7r11lii3~ii[6.~Y-FiAriR / w+•rw►r►w.r~••.r.rrrrrrwr.rrrr► \ / I , + f i JPN IL to" rm Inlma. ~r► It11AWR1[► w- Plan l u».w>w ,wc 7Aning E IWl and ~•~+r r...r. GmrarCone WPlae c Ii 1 I 1 o, r~- m TT{{II ~QJ WHEELER RIDGE ""~Atv CK Lm 'Mw ucwwm u►morworyr ac ermr i i°Sdor,wc - r.., ++~ro.rrr unw:r~'i. ~w~ w +~a"M is P. tzw %a mm r.w .r fn.l w. "rw (1 1 / 1 1 ' WHEELER RIDGE E LAND USE SUMMMY i ISTA17 ACRES TRACT ACMAGO tANOUee MOM MAMMM VOW" WtAMVM W"M MMM4'M M1"N MRgMIMI MAXNT1 FAR RUMN / of ull" LOT sn LOT WI M LOT DO" WJRT RIM sm t►oltle~ LOT YARD YARD YARD COVORA62 1 Ile OonanaMM WA NA WA WA WA of NO 1M r1 WA aa»laa' W* •LI a,lw l.P. al 4* 4 M If f Ll WA wM A Air atN&. A& Iw wwbrMay•ra rawer. M' lw' W It e u WA Mlt 1 w ftwo W WA MrA WA WA WA W IN If a a:l WA 7 Lou MlM WW&AMdaa"""ar Awl lbw *anfy.Gro+: ~`Y el a a#[Obn a W" of w' M ax WAO"M dMa M bIM. r I tab M 1M hmJnaa d a aMlww u' ahM *''aM allarND"Man1 a~ay Mv1 a dahaaa hrM d M Malaara/ dM aM7dM M aeM aa1 ialr M IYw, I Loh MN W++L! da W4"" at Wm M/aM aaaahyolw+"awy Mw aaMwaw%M1 of M M 1M m*-MW OMA M 61p& MM FO ro MfNLOrM[M alAMOAAM rM RLt WLAN f?M *PAU pMtO W94AW AMA MOhOMIMIfra. a c , ATTACHMENT 6 ANNEXATION SCHEDULE: WHEELER RIDGE (A-83) Saturday, July le Notice published In Denton Record-Chronicle for first City Council pubic hearing. Tuasday, July 20'h City Council conducts fi[SS mi IlaheedD9• Public notice must be no less than 10 days and no more than 20 days before public hearing. a Annexation Study prepared and available for public review. a Service Alan prepared and avalleble for public review. Sunday. July 18"' Notice published in Denton Record-Chronicle for Planning and Zoning Commission public hearing. Wednesday, July 2e Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and the proposed zoning. • Public notice must be no less than 10 days before public hearing. Saturday, July 17" Notioo published In Denton Record-Chronicle for second City Council public hearing. Tuesday, July 27"' City Council conducts secs.., oublic hearing. • Public notice must be no less then 10 days and no more than 20 days before public hearing. Tuesday, August 17"' City Council by v four-fifths vote Institutes annexation proceedings. First reading of annexation ordinance. • Action must be more than 20 days after the set*nu public l hearing but less than 40 days from the first public hearing. Saturday, August 21" Publication of annexation ordinance in Denton Record-Chronicle. ' Tuesday, Sept. 2111 City Council by a four-fifths vote takes final action. Second reading and adootion of the annexation ordinance. City Council considers approval of zoning request. • Council action must be more than 30 days after publication of ordinance and less than 90 days after council Institute's annexation proceedings. 1 1' ~ r 10. i I ATTACHMENT 0 A-89 (WHEELER RIDGE) NORTH I t' L3 d~kYwOOOr~y"=r~ C two Y I as E f r eAKMONT I EXISTING UTILITIES MAP • Hydrants • Water Lino (W, L.) •r • • r fewer Line (f. L.) Else, Lines I'~ 1r Agenda Date: July 20, 1999 Scale: None il. ATTACHA4 IT 7 ANNEXATION SORVICE PLAN CASE NUMBER: A-89 (Wheeler Ridge) AREA: 167.477 acres LOCATION: Southeast of the intersection of Robinson Road and Teasley Lane (FM 2181) in the extraterritorial jurisdiction of the City of Denton, Texas Municipal services to the site described above shall be fumished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule: A. Police Protection 1. Police service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. B. Fire Protection t. Fire protection (within the limits of existing hydrants) and 1 mergency medical services will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. C. Solid w sate Collection 1, Solid waste collection service will be provided to the property within sixty (60) days after the effective dale of the annexation using existing personnel and equipment. D. WaterINVastewater Facilities 1, Maintenance of water and was. ~fer facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. E. Roads and Streets 1. Maintenance of roads and streets, including road and street lighting, In the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment F. Parks and Recreation Facilities 1. Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in the area to be annexed will begin within sixty (60) days &Rer the effective date of the r, annexation using existing personnel and equipment, However, there are no existing parks, playgrounds, swimming pools, and other recreational facilities in the area. f ! f W In ur m tine .SnKr l'Lm.Ar 12. U ANNEXATION SERVICE PLAN (A-89) ' Wheeler Ridge C. Electric Facilities 1. Electric utility service will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment H. Library Services 1. Library services will be provided within sixty (60) days Oct the effective date of the annexation using existing personnel and equipment. 1. Code Enforcement, Building Inspections and Consumer Health Services 1. Code enforcement, building inspections and consumer health services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. J. Planning and Development Services 1. Planning and development services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment The Planning and Development Department currently provides services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. X Capital Improvements Program (CIP) The CIP of the city is prioritized according to the following guidelines- (t) Provision of Capital Improvements as compared to other mesa will be based on characteristics of topography, land utilization, population density, magnitude of , problems as related to comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of providing a specific facility or improvement The annexed area will be considered for CIP Improvements In the upcoming CIP plan. This 1 property will be considered according to the established guidelines. i 10 M I s IdV,YK'M~nlhM S'''L'f PAN.QIK 13, V i U I I I I I ATTACHMENT 8 a NORTH A-89 (WHEELER RIDGE) J- i 'yam 11 • Y i 1 500 FOOT NOTICE MAP Agenda Date: July 20, 1999 11, skate: None r t t% i~ ATTACHMENT 9 e NORTH A-89 (WHEELER RIDGE) 5C':'eM r4 'I H" 1 , 7ltT la 11 Mtn J I 1 LIdlYiyby i 1.114 1 . d e . s 1 tog ETJ " SI E / R ~ II R •.~ETJ tlAKMONT • t . Ln 4 DENTON MOBILITY PLAN MAP N Freeways Primary Major Arterials Secondary Major Arterials Collectors rf r Agenda Date: July 20, 1999 15. Seale: None c. L.. Apladl No lht~s ~ v - ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO E3XCUTE A CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH WOOD, THACKER & WEATHERLY* P.C. TO PROVIDE LEGAL SERVICES WITH REGARD TO LITIGATION STYLED FORSTENBERG CONSTRUCTION COMPANY Y. CI77 OF DENTON, ET AL, CAUSE NO. 98.20716-158, FILED IN THE I58T" DISTRICT COURT OF DENTON COUNTY, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: S TION I That the City Manager is hereby authorized to cater into a Contract for Professional Legal Services with Wood, Thacker & Weatherly, P.C., substantially in the form of the attached Contract, which is made a part of this ordinance for all purposes, to provide legal services to the City. SE&TLQXZ That the City Manager Is hereby authorized to make the expenditures as outlined in the attached Agreement. SECTION IIi That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of~r, 1999, JACK MILLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM; HERBERT L. PROUTY, Cl"Y ATTORNEY r~ rwoLe DW,~awFw.sr.ca c CONTRACT FOR PROFESSIONAL LEGAL SURVICES STATE OF TEXAS § COUNTY OF DENTON § This AGREEMENT, made and entered into this the _ day of 1999, by and between Wood, Thacker & Weatherly, P.C., 513 West Oak, Denton, Texas 76201, hereinafter referred to as "Consultant", and the City of Denton, a Texas municipal corporation, 215 East McKinney, Denton, Texas 76201, hereinafter referred to as "City". WITNFSSEM WHEREAS, the City finds it necessary to employ outside legal counsel to perform professional legal services regarding litigation styled Fursrenberg Construction Company v. C!ry of Denton, et al., Cause No. 9820116-158, filed in the 158'" District Court of Denton County; and WHEREAS, the Consultant Is willing to perform such services In a professional manner as an independent contractor; and WHEREAS, the City desires to engage the Consultant to render the professional services in connection therewith, i nd the Consultant Is willing to provide such services; i NOW, THEREFORE, in consideration of the promises and mutual obligations herein, the parties hereto do hereby mutually AGREE as follows: ' 1. SCOPE OF SERVICES The Consultant shall perform the following services lit a professional mariner working u an Independent contractor riot under the direct supervision and control of the City: A. Services to be provided: I. The Consultant shall evaluate the relevant facts and circumstances and shall advise the City, by written opinion, with respect to its options .,nd the legality of such options, regarding researching and responding to requests for legal services. 2. Consultant shall also consult, as requested, with the City Manager, the City Attorney, and u, any other designated City staff respecting any and all aspects of the services to be performed under this Agreement. 3. The Consultant shall perform all the professional services required in a timely fashion, and shall complete same in compliance with schedules established by the City through its I 2 a, City Attorney, through discussions with the Consultant, as appropriate to carry out the terms and conditions of this Agreement 11. TERM This Agreement shall be for a term of twenty (20) months, beginning effective July 1, 1999 and ending on February 28, 2002. This Agreement may be sooner terminated in accordance with the provisions hereof. T'rte is of the essence of this Agreement, and the Consultant shall make all reasonable efforts to complete the services set forth herein as expeditiously as possible during the term of this Agreement, and to meet the schedules established by the City, through its City Attorney, or as the progress of this matter may require. Ill. COMPENSATION AND METHOD OF PAYMENT H. The Consultant shall charge the following fees for its professional services hereunder, based on the following fees for its professional services hereunder, based on the following hourly billing rates for the attorneys and support staff involved in this matter: Attorneys $12"our Legal Assistants $50/hour Attorney time will be billed at one tenth (.1) hour minimum billing increments. C. The Consultant will try to reduce costs whenever feasible by utilizing qualified principals, associates, paralegals, and law clerks. The Consultant shall bill the City through the I submission of itemized invoices, statements, and other documentation, together with supporting data Indicating the progress of the work and the services performed on the basis of monthly statements showing hourly rates indicating who performed the work, what type of work was done, and descriptions and/or details of all services rendered, along with specific description and supporting documentation, if available, respecting any reasonable and necessary out-of-pocket expenses incurred. D. Consultant estimates and the City agree that all charges for the legal services hereunder, including reasonab'e out-of-pocket expenses, shall not exceed thirty-five thousand dollars I ($35,000), and Consultant agrees to notify the City and seek a modification of the agreement should the total fees exceed such amount. E. The City shall either pay directly or reimburse the Consultant, as the can may be, for reason ble and necessary actual out-of-pocket expenses, including but not limited to, tong. distance telephone, telecopiet, reproduction, ovemight courier, on-line research, and travel. All copies will be charged at the rate of twenty-five cents (S,2$) per copy for copies made t~ - t within Consultant's offices, with as much photocopying as possible being done by outside { r' vendor at bulk rates or by the city to reduce costs if b!ilk copying is necessary. The parties agree that there will be no charges for outgoing telecoples or incoming teleeopia. Contract For Professinnal Legal Services - Page 2 3 F. The parties anticipate invoices or statements for services will be generated on a monthly basis and that said invoices or statements will be sent on or about the 2e day of each month. The City shall make payment to the Consultant within thirty (30) days of the satisfactory completion of services and receipt of an itemized invoice or statement. All reimbursable expenses, including, but not necessarily limited to travel, lodging, and meals shall be paid at the actual cost, pursuant to the terms, conditions, and limitations hereinabove set forth. All invoices and bills shall be approved for payrrent by the City Attorney. fl. It is understood that the Consultant shall work with the coordination and general supervision of the City Attorney or the Litigation Attorney. H. All notices, billing statements and invoices shall be made in writing and may be given by personal delivery or by mail. Notices and invoices sent by mail shall be addressed to: Herbert L. Prouty, City Attorney, 215 E. McKinney, Denton, Texas 76201. When so addressed, the notice, invoice, and/or payrnrnt shall be deemed given upon deposit in the United States Mail, postage prepaid. In all other instances, notices, invoices, and/or payments shall be deemed given at the time of actual delivery. Changes may be made In the names and addresses of the responsible person or office to whom notices, invoices, and/or payments are to be sent, provided reasonable written notice is given. IV. PROFESSIONAL COMPETENCY A. The Consultant agrees that in the performance of these professional services, Consultant shall be responsible for the level of competency and shall use the same degree of skill and cue presently maintained by other practicing professionals performing the same or similar types of work. For the purpose of this Agreement, the key persons who will be performing most of the work hereunder shall be R. William Wood. However, nothing herein shall limit Consultant from using other qualified and competent members of its firm to perform the services required herein. B. All legal opinions and other legal documents prepared or obtained under the terms of this Agreement are Instruments of service and the City shall retain ownership and a property interest therein. If this Agreement is terminated at anytime for any reason prior to payment to the Consultant for work under this Agreement, all such documents prepared or obtained under the terms of the Agreement shall upon termination be delivered to and become the property of the City upon request and without restriction on their use or further compensation to the Consultant. V. ESTABLISHMENT AND MAINTENANC E OF RECORDS Full and accurate records shall be maintaned by the Consultant at its place of business I t',.'` with respect to all matters covered by this Agreement. Such records shall be maintained for a per;ad of at least three (3) years after receipt of final payment u rder this Agreement. Contract For Profeulond Legal Services - Page 3 f 4 Iff ' t i VI. AUDITS AND INSPECTION i At any time during normal business hours and upon reasonable notice to the Consultant, there shall be made available to the City all of the Consultant's records with respect to all matter covered by this Agreement. The Consultant shall permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of contracts, invoices, materials, and other data relating to all matters covered by this Agreement. VII. ACCOMPLISHMENT OF PROJECT The Consultant shall commence, carry on, and complete any and all projects with all ' practicable dispatch, in a sound, economical and efficient manner, and, in accordance with the provisions hereof and all applicable laws. In accomplishing the projects, the Consultant shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the City, Vill. INDEMNITY AND INDEPENDENT CONTRACTOR RELATIONSHIP The Consultant shall perform all services as an independent contractor not under the direct supervision and control of the City. Nothing herein shall be construed as creating a relationship of employer and employee between the parties. The City and Consultant agree to cooperate in the defense of any claims, action, suit, or proceeding of any kind brought by a third party which may result from or directly of indirectly arise from any negligence and/or errors or omissions on the part of the Consultant or from any breach of the Consultant's obligations under this Agreement, Nothing herein constitutes a waiver of any rights or remedies the City may have ~ to pursue under either law or equity, including, without limitation, a cause of action for specific performance or for damages, a loss to the City, resulting from Consultant's negligent errors or omissions, or breach of contract, and all such tights and remedies are expressly reserved, IX. TERMINATION OF AGREEMENT A. In connection with the work outlined in this Agreement, it is agreed and fatly understood by the Consultant that the City may cancel or indefinitely suspend further work hereunder or terminate this Agreement at any time upon written notice to Consultant, Consultant shall cease all work and labor being performed under this Agreement. Consultant may terminate this Agreement by giving the City thirty (30) days written notice that Consultant Is no longer in a position to continue representing the City. Consultant shall invoice the City for all work satisfactorily completed and shall be compensated in accordance with the terms of this Agreement. All reports and other d%>zuments, or d aa, or work related to the project shall become the property of the City upon termination of this Agreement, 13, This Agreement may be terminated in whole or in art, in writing, b either f i r of substantial failure by the other party to fulfill its o'ligations under this Agreemienththrougghi no fault of the terminating party. Provided, however, that no such termination may be effected, unless the other party is given 111 written notice (delivered by certified mail, return receipt requested) of intent to terminate, and not less than thirty (30) calendar days to cure Contract For Professional Legal Services - page 4 5 r c, I the failure, and (2j an oppoitutity for consultation with the terminating party prior to termination. C. Nothing contained herein or elsewhere In this Agreement shall require the City to pay for any work which Is unsatisfactory or which is not submitted In compliance with the terms of this Agreement. X. ALTERNATE DISPUTE RESOLUTION i The Consultant agrees that, if necessary, it will use its best efforts to resolve any disputes regarding the Agreement through the use of mediation or other forms of alternate dispute resolution set forth in Chapter 134 of the Texas Civil Practice and Remedies Code (V.A.T.C,S.), Xi. ENTIRE AGREEMENT This Agreement represents the entire agreement and understanding between the parties, and any negotiations, proposals, or oral agreements are intended to be integrated herein and to be superseded by this written Agreement, Any supplement or amendment to this Agreement to be effective shall be In writing and signed by the City and the Consultant. XII. COMPLIANCE WITH LAWS The Consultant shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereafter be amended, including but riot limited to the Texas Disciplinary Rules of Professional Conduct. 1 XIII. GOVERNING LAW ' For the purpose of determining place of agreement and law governing same, this Agreement is entered into In the City and County of Denton, State of Texas, and shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or In connection with this Agreement shall be exclusively In a court of competent jurisdiction sitting in Denton County. j X1V. DISCRIMINATION PROHIBITED In performing the services required hereunder, the Consultant shall not discrinthiate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. r XV, PERSCNNEL A. The Consultant represents that it has or will secure at Its own expense all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or have any contractual relatiov, with the City. Consultant shall inform the City of any conflict of interest or potential conflict of interest that may arise during the term of I Concoct For ProtcPsIonal Lead Servkes - Page S 6 t i i this Agreement, in accordance with Consultant's responsibilities under the Texas Disciplinary Rules of Professional Conduct, .4. All services required hereunder will be performed by the Consultant or under its direct supervision. All personnel engaged in work shall be qualified and shall be authorized or permitted under state and local laws to perform such services. XVI. ASSIGNABILITY The Consultant shall ne. assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the City thereto. XVII. SEVERABILITY All agreements and covenants contained herein are severable, and in the event any of them, with the exception of those contained In sections headed "Scope of Services", "Independent Contractor Relationship," and "Cimpensation and Method of Payment" hereof, shall be held to be invalid by any court of competent jurisdiction, this Agreement shall be lAerpreted as though such invalid agreements or covenants were not contained herein. XVIII, RESPONSIBILITIES FOR CLAIMS AND LIABILITY Approval by the City shall not constitute nor be deemed it release of the responsibility and liability of the Consultant for the accuracy and competency of its work; not shall such approval be deemed to be an assumption of such responsibility of the City for any defect in any report or other documents prepared by the Consultant, its employees, officers, agents and consultants. XIX. MODIFICATION OF AGREEMENT No waiver or modifcation of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duty executed by the party to be charged therea 't, and no evidence of any waiver or modification shall be offered or received In evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is In writing, duly executed as sfuresald; and, the parties further agree that the provisions of dells eaction will not be waived as herein set forth. XX. CAPTIONS The captions of this Agreement are br informational u r r. way affect the substantive terms or condi ions of this Agreementses only and shall not to any i I f~ Contract For Professlonal Legal Servkce - Page 6 7 f . 0 Y XXI. BINDING EFFECT This Agreement shall be binding upon and Inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal tepresentatives, successor, and Mips where permitted by this Agreement. IN WITNESS HEREOF, the City of Denton, Texas, has cawed this Agreement to be executed in duplicate originals by its duly authorized City Manager, and Consultant has executed this Agreement through its duly authorized undersigned partner, dated this the day of CITY OF DENTON BY: MICHAEL W. JEZ, CITY MANAGER ATTEST: JENNIFER WAITERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITr ORNEY BY: WOOD, THACKER & WEATHERLY, PC .r..r rm`iol ov o4.un,.r~ ar.as,n.uon. ~...a.ir e g Contrid For Profeadond Lesal Servka - Poet 7 i ' APO No- Ago* ~n~ AGENDA INFORMATION SHEET i AGENDA DATF,: Jul)-20,1999 DEPARTMENT: Public Transportation CM/DCM/ACM: Rick Svehla, Deputy City Manager SUBJF.CTt AN ORDINANCE AUTI IORIZ.ING THE CITY MANAGER TO FILE AN APPLICATION, EXECUT'F: A GRANT, AND SUBSEQUENT AMENDMENTS WITH THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION FOR PROJI'.CT NO. TX-90-X474 A GRANT AUTHORIZED BY 49 U.S.C. §5307; AND PROVIDING AN EFFECTIVE: DATE. BACKGROUND: The City of Denton provides public transportation services in the Denton urbanized area to the general public and disabled persons on the Denton Public Transit System. The transit system is operated by SPAN (Services Program for Aging Needs) who provides both fixed route and demand response services six days a week, Funding for the transit service Is provided in part by the Federal Transit Administration (FTA), the Texas Department of Transportation, and the City of Denton. T he subject ordinance requests authorization for the City Manager to file a grant application in the amount of $474,957 with the FTA and to execute the grant upon final award. In the latest federal register, Congress appropriated public transportation funds for the City of Denton in the maximum amount of $474,957 and staff proposes to utilize these funds to operate the fixed route and demand response service through September 2000. n-TIMA7 ED SCLIEDLIL ' OF PROJECT: Application for these funds will be submitted following Council approval and award is expected from the FTA within thirty days of submission. Funds awarded In this grant will be used to operate the public transit system from October 1999 through September 2000. r' PRIOR AC11ONIR VIENICuuneil,Boards.Commleslons): r None 1 41 r LI FISCAL INFORMATION: These funds will be available at a 50150 (SO% federal I SO% local) match. Matching funds for this grant mill come from the Texas Department of Transportation and requested local funds. I IIIHIT_S: Proposed Ordinance Respec Submitted: I Ric Svehia I! Deputy City Manager Prepared by: Veronica S. Bolen Public Transportation Coordinator f J I 2 j t i I I ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION WITH AND TO EXECUTE A GRANT AND SUBSEQUENT AMENDMENTS WITH THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL TRANSIT ADMINISTRATION FOR PROJECT NO. TX-90-X474, A GRANT FOR FUNDING PUBLIC TRANSPORTATION AS AUTHORIZED BY 49 U.S.C. ¢5307 AND OTHER APPLICABLE LAWS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Secretary of Transportation is authorized to award grants for a mass transportation program of projects and budget; and WHEREAS, the City has been advised by the U.S. Departtient of Transportation Federal Transit Administration that Congress has adopted a maximum of 5474,957 for an urbanized grant authorized by 49 U.S.C. §5307 for the City of Denton and has requested the City to apply for the Grant Agreement under 49 U.S.C. 15301, et seq. and the National Capital Transportation Act of 1969, as amended, the Wermodal Surface Transportation Efficiency Act of 1991, as amended, and other applicable laws; and WHEREAS, the Grant Agreement, which incorporates the Federal Transit Administration's Master Agreement, if approved, will impose certain obligations upon the applicant, such as the City of Denton, including the provision by it of the local share of the project costs in the program; and WHEREAS, the estimated total amount of the eligible project cost is 5537,500 with the Federal Grant Administration's share - g0°/. • estimated at 5430,000 and the City's share - 201/6 estimated at 5107,000; and WHEREAS, the U.S. Department of Transportation requires, in accordance with the provisions of Titles VI and VII of the Civil Rights Act of 1964, as amended, that the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the Department of Transportation requirements thereunder and other applicable federal laws and regulations; and WHEREAS, it Is the goal of the applicant that disadvantaged business enterprises be utilized to the fullest extent possible in connection with the project, and that definite procedures shall be established and administered to ensure that disadvantaged businesses shall have maximum construction contracts, supplies, equipment, contracts, or consultant and other sen-ices to the extent allowed by law; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: r SI';;TION I. That the City Manager is authorized to file an api ; cation with and to execute A a grant and subsequent amendments on behalf of the City of Denton, Texas, with the U.S. Department of Transports lion, relating to Project No. TX-90-X474 to aid In the f hancing of operating assistance for public transportation pursuant to 49 U.S.C. 65307. The City Manager, however, is not authorized to amend the grwrt by more th.n the amount authorized by Chapter 10 of the Code of Ordinances of the City of Denton, Texas, t' l SECTION 2. That the City Manager is authorized to execute and file an assurance or any other document required by the U.S. Department of Transportation effectuating the purpose of Titles VI and VII of the Civil Rights Act of 1964. SECTION 3. That the City Manager or his designee is authorized to furnish such additional information, assurances, or certifications as die U.S. Department of TriuLq*ttation may require in connection with the program of projects. SECTION 4. That the City Manager is authorized to set forth and execute disadvantaged business enterprise policles In connection with the program of projects and budget agreement required by the Grant, SECTION S. That the City Manager is authorized to execute a grant agreement, in substantially the form of the attached Grant Agreement, which is Incorporated as a part of this ordinance, along with any other agreement documents necessary to secure the grant on behalf of the City of Denton, Texas with the U.S. Department of Transportation for aid In the financing of the capital, and operating assistance program of projects and budget, and to expend the necessary funds as tray be required by the condition of the grant. SECTION 6. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of .1999. I JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HFRBERT L, PROUTY, CITY ATTORNEY r J ' AI / I ~ 1 F 0'%%wL0L0w tlrrrwruinrralh,M m~ lM PAGE2 r 0~1 AGENDA INFORMATION SHEET AGENDA DATE: July 20, 1999 DEPARTMENTt Electric 4CM: HoAardMarlin, 349.8232*\ SUBJFCTt AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF ELECTRIC RATES FOR ELECTRIC SERVICE CONTAINED IN ORDINANCE NO. 98-262; AMENDING TEMPORARY SERVICE SCHEDULE (TI); PROVIDING FOR REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR RETROACTIVE EFFECT OF THE AMENDMENT RESPECTING SCHEDULE (TI); AND PROVIDING FOR AN EFFECT IVE DATE. B_1,GROUND: In an effort to remain competitive with the other electric providers currently serving subdivsions in Denton, Denton Municipal Electric (DME) must make an addition to the current Temporary Service Schedule (T1). This addition wiil enable DME to offer temporary electric service at it flat rare ors 195 per lot to builders In new subdivisions. OPTIONS: A:y rove - DME becomes more marketable to new subdivisions in Denton. Reject - DM1: becomes less marketable and could lose valuable market share. RECOMMENDATIONS: Staff recommends approval PRIOR ACTION/REVIEW (Council. Boards. Commission): 1 1 he City of Denton Public Utilities Board unanimously approved changes to Temporary Service Schedule (T1) at its meeting on June 24, 1999 with a vote of 4 to 0. ` FISCAL INFOR.MATIOIN 1. Temporary Service Schedule *1 2. Co-t Comparison - Exhibit 11 r' r , t~ Respectfully submittal: S on Mays Director of Electric i Pre '1,011A)6, Supe ' endent of Substations, Communicatiom, Marketing 1 k t S. A)ur Ducume mKkdimwcts`97 Dhll'. Schad T I Amend )A9 Old dar j I c. ORDINANCE. NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF ELECTRIC RATES FOR ELECTRIC SERVICE CONTAINED IN ORDINANCE NO. 98-262; AMENDING TEMPORARY SERVICE. SCHEDULE (TI); PROVIDING FOR A REPEALER; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR RETROACTIVE . EFFECT OF THE AMENDMENT RESPECTING SCHEDULE (TI); AND PROVIDING FOR AN EFFECTIVE DATE. WIIEREAS, on the B'h day of September, 1998, the Council passed and approved Ordinance No. 96262, which adopted the amended Schedule of Rates for Denton Municipal Electric ("DME"), including, among other rates, Schedule Tl (Temporary Service Schedule), such Schedule of Rates becoming effective on the I° day of October, 1998; and WHEREAS, the DME staff has carefully evaluated the existing Temporary Service Schedule (TI) and has recommended to the Council that Schedule T1 be amended, so that the Temporary Service Schedule wall be a simpler, more economical, and more competitive rate, considering the overall goals, purposes, design, and fiscal impact of that particular rate; the scope of the proposed amended rate is limited to underground electric service to residential new construction only, and the proposed amended rate would not be available to commercial or, industrial customers, nor to overhead electric service provided to nuty Denton Municipal Electric customer; and WHEREAS, the Council deems it in the public interest to amend the Temporary Service Schedule as provided for in the attached "Schedule TI, Temporary Service (eil'ective 07.01- 99)"; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L That the Schedule of Rates for electric service as provided for in Chapter 26 of the Code of Ordinances of the city of Denton, Texas, in Ordinance No, 98462, Is hereby Pmended, as set forth particularly in that certain amended Schedule T1 (Temporary Service) attached hereto utd incorporated herewith by reference. SECTION I; That all ordinances or parts of ordinances in force when the provisions of this ordinance became effective which are Inconsistent or in conflict with the terms or provisions contained in amended Schedule Ti hereby enacted by this ordinance, are hereby repealed to the extent of any such conflict. i SECTION lit: That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances Is held Invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining = { portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have et scted such remaining portions despite any such invalidity, 3 r. t SECTION IV: That the effective date of amendment to Temporary Service Schedule (TI) as herein amended and adopted, is retroactively ratified and approved, from and after July 1, 1999; and a copy of said Schedule T1, as amended hereby, shall be maintained on file in the office of the City Secretary. SECTION V: That except as provided in Section IV herein, this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of ,1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY, CITY ATTORNEY _~~~~I 11 By: r (may _ M t $ \ r r i I i SCHEDULETI f TEMPORARY SERVICE (Effective 07/01/99) [ i APPLICATION Applicable when a customer requests electric service on a short-term or temporary basis ' . where a customer has received a permit from the City of Mmton's Building Inspections Department, This rate is not applicable after the certificate of occupancy has been issued. NET MONTHLY FLAT (1) FacilityCharge Single Phase 515.15 / 30 days Three Phase $20.20 / 30 days (2) Energy Charge 6.7701 K WI{ (3) Energy Cost A djustment CrurentECASchedule MINI U BILLIN Facility Charge TYPEOF SERVICE At the City's available secondary supply. ADDITIONAL TEMPORARY SERVICE CIIARGES Labor (Regular l ime) 560,00 minlmum up to 1 hour. 560.00 for each additional hour (to be measured to the nearest one-quarter hour',%. Labor (Overtime) $75.00 minimum up to 1 hour. $75.00 for each additional hour (to be measured to the nearest one-quarter hour). Premium time to be added where applicable. Transportation To be billed by hours or miles, as applicable, according to the estimated cost of operating the equipment t r ' t i c; i Material Material that cannot be salvaged to be billed at Stores cost plus 25% and applicable sales tax. At the time a temporary service is removed or converted, any loss in the material installed due to negligence or willful action by the customer will be billed separately to the customer at replacement cost plus 25% and sales tar, SPECIAL FACILITIES All services which require special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. See Section 25.23(e) for standard requirements. FLAT RATE TEMPORARY SERVICE Applicable to new construction of underground residential serve only. Rate: A flat fee of $195 per lot payable when the customer applits for temporary service, PRORATION OF UTILITY BILLS Billing for the Facility charge shall be based on 12 billings annually and prorated for longer or shorter periods using the following formula: Formula: Actual days in reading Kriod x customs facility charge 30 days ENEROYCHARGE Billing for the energy charge shall be based on actual KWII consumption during the billing period. Formula: KWII x KWII rate ENERGY COST ADJUSTMENT A charge per KWII of energy taken for fuel cost calculated in accordance with Schedule ECA. ~ S `4w Dxw"MS'ddinmces%99nMEAnnrndcd ScWOcI I AnO doe I E 6 'I cExhlM II Comparison of 1 emporary Service Coat and Rates Flat Rate met"" Temporary Temporary Service Service Average Capita Cost per lot first year 9935 83.33 Installation 40,00 Removal 40.00 40,00 Melai 4q t2 Billing 1560 Total, :ost of Temporary Service 139.58 178.93 Proposed Flat Rate Temporary Service 195.00 65.62 Profit (Loss) on Temporary Service 55.42 (113.31 Flat Rate of Competition TU 195 CoServ 200 i ti JJ~ I c' _ AW* I FYI i i i Date: July 16,1999 i } j To: Mayor and Members of the City Council i From: Rick Svehla, Deputy City Manager Re: Agenda Item N 3 -'INROC Resolution i 1 Attached, for your consideration, is the resolution requested by Council Member Cochran to the TNROC requesting a public hearing concerning the transportation of hazardous waste i materials by the Union Pacific Railroad through the City and County. i I i ' i f i f i { i Villa'\.. c ' t. F:Lhue"c0LOL`da Dwuv %lAmlutiorAWTNRCC Public Heuina Res doc 4 RESOLUTION NO. A RESOLUTION REQUESTING THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION HOLD A PUBLIC HEARING CONCERNING THE TRANSPORTATION OF HAZARDOUS WASTE MATERIALS BY UNION PACIFIC RAILROAD THROUGH THE CITY AND COUNTY OF DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on July 13, 1999 the Commissioners Court of Denton County, Texas passed a Resolution requesting that the Texas Natural Resource Conservation Commission MCC') hold a public hearing concerning the transportation of hazardous waste materials through Denton County by Union Pacific Railroad; and WHEREAS, the City Council feels that concerns regarding this transportation of hazardous waste materials through Denton County and the City of Denton should be addressed so that the potentially affected public may be prepared for any incident involving hazardous materials transported by Union Pacific; and WHEREAS, the City Council would like to have Union Pacific representatives address the following questions: ■ What is to be transported and how much and how often? ■ How fast will hazardous material trains travel through populated areas? ■ Will hazardous materials be transported over water supplies including lakes? ■ Are crossings along hazardous material routes controlled by signal systems? ■ Will hazardous shipments be mixed in with other shipments or will the train be only dedicated to hazardous materials? a Will Union Pacific provide a worst case scenario to local and county officials in order to have realistic plans in place should there be an accident in a densely populated area? ■ Will Union Pacific audits, inspections, etc. be made available on a regular basis to the public, to the City of Denton, to other cities within Denton County and County Government? a Will Union Pacific take measures to implement an emergency notification system in conjunction with the emergency preparedness policies of the affected communities?; and WHEREAS, the City Council deems it in the puylie interest that these and similar questions should be addressed in an objective and open forum so that the residents of the City of Denton and Denton County potentially affected by Union Pacific's transportation of hazardous materials know %bat preventative measures can and should be implemented in order to protect those residents safety, health, and peace of mind. NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION to 'What the City Council hereby requests that the TNRCC cold a public k hearing along with rLpresentatives of Union Pacific, to answer the above questions and to r.- address concerns from the public regarding the transportation of hazar,luus waste materials by Union Pacific Railroad through Denton County and the City of Denton, Texas. , t. u SECTION 2: That the City ManaSer is hereby directed to send a copy of this rraolution to the appropriate officials of the TNRCC and Union Pacific. I SECTION 3: That the City Council has found and determined that the meeting at which this resolution is considered Is open to the public and that notice thereof was given in accordance with provisions of the Texas Open Meetings Law, Tex. Gov't Code ch. 331, as amended, and that a quorum of the City Council was present. SECTION d: That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1994. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: r r t.<.:A C r' 1J it Mass! i r •a..rrs~ao. ov.ra..,rrar ti.~, Apettdtt Ao"Item Oab ~ ' i RESOLUTION NO. A RESOLUTION AMENDIN3 RESOLUTION NO. R99-022 ADOPTING LIMITATIONS ON ACCEPTANCE AND PROCESSING OF APPLICATIONS FOR ESTABLISHMENT OF MULTI-FAMILY DWELLINGS TO PROVIDE FOR ADDITIONAL EXEMPTIONS FOR PENDING APPLICATIONS FOR PERMITS FOR MULTI-FAMILY DWELLINGS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, since the passage of Resolution No. R99-022, as amended - adopting limitations on acceptance and processing of applications for establishment of multi-family dwellings - it has come to the attention of the City Council that a number of multi-family projects which Council did not intend to encompass within the Moratorium have been affected; and WHEREAS, the City Council deems it in the public interest to create additional exemptions from the requirement of Resolution No. R99-022 for projects that have pending permits or have reached the public hearing stage at the Planning and Zo sing Commission; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That Resolution No. R99-022, as amended, is hereby amended by amending Section IX "Exemptions" to renumber it as Section VIII "Exemptions" and to have it read as follows: SECTION VIII. 1amptions. The provisions of this resolition sball not apply to: (1) any application for a multi-family development permit for which a preliminary plat or building permit application was approved and remains in effect, or for which an application for preliminary plat or building permit was accepted for filing prior to the effective date hereof, June 1, 1999, or (2) any application for a multi-family rezoning for which a public hearing before the Planning and Zoning Commission has been held and the Commissic 1's recomme''dation has been delivered to the City Council f-ior to the effective date hereof, June 1, 1999. SECTION 1. That Resolution No. R99-022, as amend&', is further amended to renumber Section X "Severabilily" as Section IX, and Section XI "Effective Date"as Section X "Effective Date." c. i 1 SECTION 3. That save and except as amended hereby, all the remaining sectiont% subsections, paragraphs, sentences, clauses, and phrases of Resolution No. R99-022 shall remain in full force and effect. SECTION 4. That if any section, subsection, para&Vh, sentence, clause, phrase or word in this resolution, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect tho validity of the remaining portions of this resolution, and the City Council of the City of Denton. Texas hereby declares it would have enacted such remaining portions despite any such validity. SECTION 5. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of _ .1999. JACK MILLER. MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY 1 BY: APPROVED AS TO LEGAL FORM: 1 HERBERT L. PROUTY, CITY ATTORNEY BY: r - Page 2 ` - .ate c c, A a I END OF FILE , 1 Y i END OF FILE i