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HomeMy WebLinkAbout06-15-1999r LI i 'r June 15, 1999 Agenda Packet a , t9 V. AGENDA CITY OF DENTON CITY COUNCIL AP46 June 15, 1999 X11 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,June 15, 1959 at 5:15 P.m, In the Council Work Session Room at City Hall, 213 E. McKinney, Denton, Texas at which the following items will w considered: I. Closed Meeting: j A. Consultation with Attorney—Under TEX.GOVT.CODE Sec, S51.071. 1. Discuss and consult with the City's attorney, Including outside legal counsel, litigation styled City of Denton v. Denton County Fresh Water Supply DfstrJct No, JA and Denton County Frrr'r Water Supply District No. S. Cause No. 99.40158.362, filed In the 362nd District Court of Denton County, Texas, including strategy and possible settlement negotiations. B. Conference with Employees — Under TEX. GOV'T. CODE Sec. $31,075. The Council may receive information from employees during a stuff conference or briefing,but may not deliberate during th conference. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING OR ON INFORMATION RECEIVED IN A CONFERENCE WITH EMPLOYEES WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEX. GOVT, CODE CID. $51. THE CITY COUNCIL RESERVES TIIE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUI110RIIED BY TEX. GOVT. CODE SEC. SSID01, ET SEQ. (TEXAS OPEN I, MEETINGS ACT) ON ANY ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MLEIING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 551,071.551.085 OF TIIE OPEN MEETINGS ACT. i Regular Mating of the City of Denton City Council on Tuesday, June 13, 1999 at 6:00 p,m. in the Council Chambers at City Ilall, 215 E. McKinney Street, Denton, Texas at which the following items will be considered: 1, Pledge of Allegiance A. U.S. Flag B. Texas Flag r r "I lonor the Texas Flag—I pledge allegiance to thee,Texas, one and Indivisible," i Consider approval of the minutes of January S,January 12, January 19, January 20, and , January 26, 1999, r , t 1 City of Denton City Council Agenda June 15, 1999 Page 2 PR ESF.NTATIONSIAWARDS 3. Proclamations a. Amateur Radio Week CITIZEN REPORTS 4, Receive a citizen report from Willie Iludspeth regarding drainage easements at 623 Newton Street. NOISE EXCEPTIONS 5. Cw,sider a request for an exception to the noise ordinance for the Second Annual Denton blues Festival at Civic Center Park on September 19, 1999 hosted by the Denton Black Chamber of Commerce from 10:00 p.m. until midnight. 6. Consider a request for an exception to the noise ordinance for the 4'4 ojJuly Picnic In the Park at South Lakes Park on Sunday. July 4, 1999 hosted by the Lindsey Street Assembly of Ood from 12,30 p.m. until 4:30 p.m. CONSEN1 AGENDA Each of these items Is recommended by the Staff and approval thereof will be strictly on the basis of the Stall' recommendations. Approval of the Consent 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 tl+ese items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Consent Agenda (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 Consent Agenda. If no items are pulled, Consent Agenda hems 7.16 below will be approved with one motion. if items are pulsed for separal. discussion, they will be corsidered 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 construction of the new Elect maintenance facility; providing for the expenditure of funds therefor; and providing an effective date (Bid 42361 — Fleet Maintenance Facility awarded to Ratcliff Constructors,Inc, in the amount of$1,998,650). 8. Consider adoption of an ordinance authorizing the City Manager to execute a professionai senices contract with Calvert and Company Architects to provide professional architectural services for the renovation of Central Fire Station and related services as set forth in the conuact; providing for the expenditure of funds therefor; and providing an effective date (Professional Services Agreement (PSA) 2375 — Renovation of Central Fire Station and related services awarded to Cah-ert and Company Architects In the amount of 556,500). t I City of I:cnlon City Council Agenda June 13. 1999 a Page 3 9. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchase of materials, supplies or services In accordance with provisions of state law exempting such purchases from requirements of competitive bidding and providing an effective date (Purchase Order 93237 — Darr Equipment Co. in the amount of $30,125,70). 10. Consider adoption of an ordinance providing for the expenditure of funds for the purchase of rescue tools 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 (Purchase Order 95380 — Ferrara Fire Equipment in the amount of$21,196 and Purchase Order 93581 —Ferrara Fire Equipment in the amount of 521,646—Total Award $42,842). 11. Consider adoption of an ordinance awarding a contract for the purchase. of Materials, supplies or senices necessary for the inMallation of a Oeet maintenance software as awarded by the State of Texas General Services Commission Qualified Information Services Vendor (QISV) catalogue; providing for the expenditure of 1140- therefor; and providing um effective date (Purchnrc Order 95617 to CCG Systems, lie, in the amount of$49,800), 12. Consider adoption of the ordinance awarding a contract for the purchase of materials, supplies or services necessary for the upgrade of sofware as awarded by the State of Texas General Services Commission Department of Information Resources (DIR); providing for the expenditure of funds therefor; and providing an effective date (Purchase Order 95618 to Software leportment — Department of Information Resources (DIR) in the amount of 529,560). 13. Consider adoption of an ordinance awarding a contract for the purchase of materials, services or supplies necessary for the upgrade of notebook computer inventory as attarded by the State of Texas Ger,cral Services Commission through Qualified Information Services Vendor (QISV); providing for an effective date (Purchase Order 95619 to C'OMPUSA In the amount of$35,118,64). 14, Consider adoption of an ordinance awarding a contract for the purchase of materials, supplies or services as awarded by the State of Texas General Services Commission through a Qualified Information Services Vendor catalogue (QISV); providing for the expenditure of funds therefor; and providing an effective date (Purchase Order 95620 to N"ICS,Inc. in the amount of$43,960), 15. Consider adoption of an ordinance accepting competitive bids and awarding a contract for the purchase of concrete pipe and box culvert; providing for the expenditure of funds therefor; and providing an effective date (Bid 2359 — Concrete Pipe and Box Culvert awarded to CSR llydro Conduit in the amount of$23,434,20) 1 +' 16. Consider approval of a resolution of the City of Denton, Texps approving the + appointment of the resent police officers listed in the resolution. . r City of Dent,)n City Council Agenda June 15, 1999 Page 4 POSTPONED ITEMS 17, Consider adoption of an ordinance authorizing the settlement of litigation styled The C'lty of Denton, Texas v. Denton C'ounry fresh Water Supply Dlsirlet AV IA and Denton County Fresh Water Supply Dlstrlct No. 3; Cause No. 99.40158.362,pending in the ?62nd District Court of Denton County, Texas; pursuun to the terms stated in the attached compromise settlement agreement and release of clr.ims and annexation agreement;authorizing the City Manager to execute the settlement agreement and all documents necessary to effect the settlement;authorizing the City Manager and City Attorney to take other actions necessary to finalize the settlement and release of claims;and providing an effective date. 18. Con.ider adoption of three ordinances to involuntarily annex three tracts of land located In the southwestern section of the City of Denton extraterritorial jurisdiction, amounting to approximately 2,549 acres of land. Second reading, a, 'Tract 01 (A•80) approximately 1,952 acres of land located at the southwestern edge of the City of Denton's extraterritorial jurisdiction, between Crawford and Lively Roads, approximately 5,800 feet west from 1.33W, and cast Crum Florence Road. (Robson properly) b. Tract N2 (A•81): approximately 125 acres of land, 1,000 feet In width extending north from Crawford Road, and extending to the west approximately 5,800 feet from I.35W, (Ilillwood property) C, Tract N3 (A•82): approximately 472 acres of land, located between 1-35W and U.S. 377,north of Crawford Road,and south of Aired Road, (lluffines property) PUBLIC HEARINGS 19, [told a public hearing and consider adoption of three ordinances to temporarily designate three tracts of annexed land, amounting to approximately 2,549 acres,as A aricultural (A) zoning district classification and use designation; providing for a penalty In the maximum amount of 52,000,00 for violations thereof; and providing for an effective date. Descriptions of tha tracts affected Include: a. Tract NI (A•80): approximately 1,952 acres of land located at the southwestern edge of the City of Uenion's extraterritorial jurisdiction, between Crawford and Lively Roads, approximately 5,800 feet west from I.35W, and cast from Florence Road. (Robson properly) b. Tract N2 (A•81): approximately 125 acres of land, 1,000 feet in width extending north from Crawford Road, and extending to thr west approximately $,800 feet it from I.33W, (Ilillwood property) c, Trott N3 (A•81): approximately 472 acres of land, located between WSW and U.S. 377,north of Crawford Road,and south of Aired Road. (11ufAnes property) 20. Hold a public hearing and consider adopting by resolution the Fry Street Small Area Plan. c City of Denton City Council Agenda Junc is, 1999 Page 5 21, hold a public hearing and consider rezoning 1,774 acres from an Agricultural (A) zoning district to Office, conditioned (O[cj) zoning district. The property is legally described as being 1.774 acres in the O.S. Brewster Survey (Abstract 56) in the City of Minton, Denton County, Texas. It is located on the west side of Bonnie Brae Street, approximately 600 feet north of Willowwood Street. The proposal is to allow for a future expansion of the existing Liberty Christian School. (The Planning and Zoning Commission recommends approval 7.0 with conditions.) (Z-99-031, Liberty Christian Sc hool) 22. Hold a public hearing and consider rezoning property generally located north of the City of Argyle, south of Jchnson Road between Interstate 35W and Highway 377 from an Agricultural (A) zoning district to a Planned Development(PD) zoning district. Jhe $08 acre property is legally described as per Attachment 3. The proposal is to develop the subject property with a maximum of 1,875 single-family dwelling units, a variety of dedicated and private parks and open space,fifteen(15) and t-n (10)acre school sites and two (2) neighborhood centers. The Planning and Zoning C'ammission recommended approval (5.1, Powell absent) with conditions. (Z-99.041, Willow Lakes West) 23. 11old a public hearing and consider approval of a Detailed Plan for 1083 acres of a Planned Development (PD) zoned district. The 108.3 acre property Is generally located north of the City of Argyle between Interstate 35W and John Paine Road. The detailed plan proposal is for 295 single-family dwelling units, a fillcen (15) acre school site, a neighborhood center, park land and open space. The Planning and Zoning Commission recommended approval (5.1, Powell absent) with conditions. (2.99.040, Willow !.odes W61) 24, 1Io!d a public hearing and consider amending the various conditions of Ordinances 89- 171, 92-033, 94-126, and 96.048 as they apply to the entire 64.4155 acre Denton County property by creating one Might InJustria) (LI) zoning district with consistent restrictions. The request is to allow the location of correctional facilities by right, The site is located on the south side of McKinney Street and west of Woourow Lane, (The Platuting and Zoning Commissi,n mare no affirmative recommendation 2.2.) (Z-99.035) 25. Hold a public hearing and consider approving the proposed rezoning of 6.081 acres located cast of Ruddell approximately 70 feel south of Lattimore Street, from One-family llwelling (SP-7) to a Planned Development (PD) zoned district. The proposal is to develop forty-rout (44) single-family residential Sots. The Planning and Zoning Commission recommended approval (4.0, Oanzer, Oourdic, & Powell absent) with conditions. (L-99.031, Mesa Verde) 26. Bold a public hearing and consider a request for a Specific Use Pcrmit (SUP) for a fraternity house located on the southeast corner of W. Oak and Fry Streets, at 1305 W. Oak Street, The 0.73 acre site Is zoned Ocneral Retail (OR). The proposal Is to develop a nine (9) bedroom fraternity house for the Delta Lodge. (The Planning and Zoning Commission recommends approval 3.1 with conditions.) (Z-99.016, Delta Lodge) c City of Denton City Council Agenda June 15. 1999 L Page 6 LUhSS FOR INDIVIDUAL CONS]DERATION 27. Consider and take action on directing the Building Inspector to issue a "Stuµ Work Order to the Denton Affordable Housing Corporation to stop repair and construction on houses located on Mockingbird known as the Toledo Court project. 28. Consider adoption of an ordinance of the City of Denton, Texas amending Section 15.36 of the Code of Ordinances of the City of Denton, Texas clarifying provisions related to the enforcement of fair housing complaints; providing a severability clause and declaring an effective date. 29. Consider and take action on appeal of Fairfield Center, Ltd., prospective developer of the Fairfield student housing development, being 21.25 acres of land located on the west side of Bonnie Drat and Windsor/Payne Drive in Denton, Texas, to be relieved from the provisions of Resolution No. 899.022, as amended, which places a moratorium on multi- family housing under:..ction 6 of the Resolution. 30. Conaidcr and take action on regLust by Robson Communities. prospective developer of multi-family development, generally west of t-35W Pnd north of Crawford Road, for an exemption or an exception from the provisions of Resolution No. R99.022, as amended, which places a moratorium on multi-family housing, 31. Consider adoption of an ordinance to annex a 65,174 acre tract located south ot'Nowlin Road on the east side of FM 2181 (Teasley Lane) generally opposite Hickory Creek Road, in the City of lenton's F:TJ,to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. First reading of ordinance. (A-8J) 32. Consider adoption of an ordinance amending the schedule of electric rates contained in Ordinance No. 98.262; amending 0. 'iaance No. 98.046 which created an Energysave Program Schedule(EP);an coding Ordinance No. 98-093 which amended Ordinance No. 96.046; providing for a further amended Energysave Program Schedule (EP); providing for retroactive effect of the further amendment; providing for a severability clause; providing for a savings clause; and providing for an effective date. 33. Consider adoption of an ordinance partially vacating a certain utility casement recorded in the Deed Records of Denton Cou.ity, 'Cexas, at Volume 1953, Page 268, as it pertains to Lot 11, Block 6, of the l lannah Estates, Phase 11 Addition to the Cily of Denton and known as 1401 Oxford Lane; and providing for an effective date. 34. Consider adoption of an ordinance approving a real estate contract between the City of ,i, Denton and the Salvation Army, a Otorgia Corporation, relating to the purchase of 0.002 acres or land for the expansion of U.S. llighway 77 (Parcel 41); author);,;ng the expenditure of funds therefor; and providing an effective date. 31. Consider adoption of an ordinance approving a real estate contract between the City of Denton and Jon Wesley Ile;ter, relating to the purchase of 0.004 acres of land for the 1 c, 1 i City of Denton City Council Agenda June 15, 1999 Page 7 expansion of U.S. Highway 77 (Parcel 32); authorizing the expenditure of funds therefore; and providing an effective date. 36. Consider adoption of an ordinance approving a real estate contract between the City of Denton and Bel Air Development, Inc., relating to the purchase of 9.920 acres of land for the building of a drainage detention pond pursuant '. Cooper Creek and PEC 4 master regloncl drainage study plan; authorizing the expenditure of funds therefore; and providinb for an effective dale. 37. Consider adoption of an ordinance of the City of Denton, Texas, authorizing the appointment of qualified perwns to enforce the disabled parking law in the City of Denton, Texas a-id file charges for violations of said law; providing for a severability clause; providing a savings clause; providing for publication; and providing an effective date. 38. Consider adoption of an ordinance of the City of Denton, Texas amending Article 1 of Chapter 6 of the Code of Ordinances relating to "Animals" by adding Section 6-37 to provide for the transfer of impounded animals to humane societica or other similar agencies; providing a severability clause; providing a savings clause; and providing an effective date. 39. Consider approval of a resolution nominating a member to the Board of Managers of the Denco Area 9.1.1 District; and declaring an effective date. 40. Receive a report and consider a recommendation from the Bond Overs►ght Committee. 41. Consider adoption of an ordinance amending the interlocal agreement between the City Of Denton, Texas, and Texas Woman's University adopted per Ordinance N1. 98.115 to I provide funding for Bell Avenue improvements in addition to funding for the ' construction of off-street parking to replace parking lost by the expansion of U.S. Highway 380 and a Jogging trail; authorizing the Mayor to execute the agreement; approving the expenditure of funds therefor;and providing for an effective date. 42. Cunsider adoption of an ordinance amending Article It "Board of Adjustment" of Chapter 35 of the Code of Ordinances of the City of Denton to provide for a seven- member board and three alternates with the terms and the powers set forth in the body of this ordinance; providing a severability clause; providing a savings clause;and providing an effective date. 43. Consider adoption of an ordinance amending Article 1, Chapter 22 of the Code of Ordinances of the City of Denton to create a Parks and Recreation Board composed of seven members who shall make recommendations on parks and recreation to the City rJ� Council and the Director of Parks and Recreation in an advisory capacity, and shall t �� ; t, perform other functions as set forth in the body of this ordinance; providing a savings clause; providing a severability clause; and providing an effective date. 44. Consider appointments to City Council Committees. 45. Consider nominations and appointments to the City's Boards and Commissions. o City of Denton City Council Agenda June 15, 1999 Pa- . 5 46, Miscellaneous Mattes from the City Manager. 47. New Business This item provides a section for Council Members to suggest items for future agendas. 48. Possible continuation of Closed Meeting under Sections 551.011.551.08° of the Texas Open Meetings Act. 49, Official Action on Closed Meeting under Sections $51.071.551.085 of the Texas Open Meetings Act. CERTIFICATE i certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton,Texas,on the day of 199981 o'clock(a.m) (P.m.) CITY SECRETARY NOTE, THE CITY OF GLNTON CITY COUNCIL CHAMBERS 1S ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT, THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETINO. i PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349.8309 OR USE 1 TELECOMMUNICATIONS DEVICES FOR THE DEAF ('fDD) BY Co 11N0 1.800- I RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARYS OFFICE. i I i I t �. s, t. . I i i I, ill CITY OF DENTON CITY COUNCIL MINUTES January 5, 1W9 e i r After determining that a quorum was present LM convening in an open meeting, the'City 3 convened in a Closed Meeting on Tuesday, January 5, 1991) at 5:15 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Durrance, Kristofetson 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. B. Personnel— Under TEX.GOVT.CODE Sec. 351.074 1. Considered annual evaluations of Municipal Judge, City Attorney, and City Manager. Regular Meeting of the City of Denton City Council on Tuesday, January 5, 1999 at 6:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None , 1. Pledge of Allegiance The Council and rnembers of the audience recited the Pledge of Allegiance to the U.S. and Texas nags. 2. The Council considered approval of the minutes of September 15, September 21, September 22,and October 6,and Qctober 13, 1998. Mayor Pro Tern Beasley noted a typographical error In the minutes of October 13, 1998 and requested a correction, Durrance motioned, Beasley seconded to approve the minutes as presented and corrocted. On roll vote, Beasley "aye', Burroughs"aye",Cochran"aye', Durrance"eye", Krisloferson"aye",Young "aye", and Mayor Miller"aye'. Motion carved unanimously. i PRESF;,NTATIONSIAWARDS 3. Proclamations Mayor Miller presented a proclamation for"Girl Scout Cookie Week". u I City of Denton City Council Minutes January 5, 1999 Page 2 4. January Yard-ofthe Month Awards Mayor Miller presented January Yard of the Month awards to: Mr. and MN.D.E. Rowan,Jr. Don and Norma Muller Children's Book Express CITIZEN REPORTS S. The Council received a report from Willie Hudspeth regarding the drainage easement at 623 Newlon. Ms. Hudspeth was nut present at the meeting. 6. The Council received a report from Dessie Goodson regarding pequry, obstruction of Justice and conspiracy. Mr, Goodson was not present at the meeting, Jim Carter, Denton County Commissioner, spoke to Council regarding the County's upcoming bond election on January 16th. The issue was for better bridges and roads for the County. CONSENT AGENDA { Beasley motioned, Cochran seconded to approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley "aye', Burroughs "aye', Cochran "eye", Durrance "aye", Kristofcrson"aye", Young"aye",and Mayor Miller"aye". Motion carried unanimously. 7. NO. 99-001 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR AVENUE 0 DRAINAGE IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE, (BID #2293 - AVENUE.0 DRAINAGE AWARDED TO JAGOE PUBLIC CONSTRUCTION CO. IN THE AMOUNT OF $229,310) 8. NO. 99-002 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR RUDDELL STREET BRIDGE IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING ? J' AN EFFECTIVE DATE, (BID 02298 - RUDDELL STREET BRIDGE IMPROVEMENTS AWARDED TO OSCAR RENDA IN THE AMOUNT OF$414,312- ✓� SECTION EI) t• City of Denton City Council Minutes January 5, 1999 Page 3 9. N0, 99-003 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR PARK IMPROVEMENTS AT BOWLING GREEN, CIVIC CENTER AND NETTE SCHULTZ PARKS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 02317 — PARK IMPROVEMENTS AWARDED TO PLAYGROUND SPECULIST, INC. S155,739) 10. NO. 99-004 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF ELECTRIC METERS, CURRENT TRANSFORMERS,AND METER SOCKETS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID 02293 — ELECTRIC METERS, CT'S AND TRANSFORMERS AWARDED AS LISTED ON ORDINAN(.E EXHIBIT A, ESTIMATED ANNUAL EXPENDITURE$300,000) 11. NO.99-005 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF OILS AND LUBRICANTS, PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;AND PROVIDING FOR AN EFFECTIVE DATr (BID 02300 — OILS AND LUBRICANTS AWARDED TO DOUGLASS DISTRIL'�'00N IN THE ESTIMATED AMOUNT OF 527,000) 12. N0, 99.006 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE SALE OF SCRAP WIRE AND METAL;AND PROVIDING AN EFFECTIVE DATE. (BID 02301 —SALE OF SCRAP WIRE AND METAL ESTIMATED ANNUAL REVENUE$21,000-COMMERCIAL METAL AND FULTON SUPPLY) 13. NO, 99.007 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF OVERHEAD AIR SWITCHES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE D%TE, (BID 02306 — OVERHEAD AIR SWITCHES AWARDED TO PRI ESTER SUPPLY IN THE AMOUNT OF $40,125) i PUBLIC IIEARLNGS 14, The Council held a public hearing rcgerding the Growth Management Strategy, Date hill, Director of Planning end De elopmenl,stated that on December I Sth tha Council had a 111' work session to discuss the Growth Management Strategy. Adoption of the strategy was scheduled City of Denton Ci y Council Minutes January 5, 1999 Page 4 for January 19, 1999. I The Mayor op mad the public hearing. The following individuals spoke during the public hearing; Curtis Ramsay,2028 Burning Tree,Denton, 76201 -favor Jesse Coffey, 3513 CJrartada Trail,Denton, 76205 -opposition The May)r closed the public hearing. i 15. The Council held a public hearing regarding the proposed annexation of a 116.7 acre property located on the north side of Hickory Creek Road,northwest of McNair Elementary School in Demon's extraterritorial jurisdiction(ETJ). Dave Hill, Director of Planning and Development, stated that this was the first public hearing regarding a proposed annexation of a 116.7-acre tract. There would be several steps to follow before the completion of the formal annexation. Public notice had been given as required by law. That notice had been publisl ed in the Denton Record-Chronicle. In addition, six property owners who were within the 2011 foot property limit were notified of the request. The 200-foot property notice was not a requirement for annexations. A neighborhood meeting was held on December 3" with notification being sc-1 to neighboring property owners within 100 feet with no one attending. Staff had been receiving calls regarding the proposal. The new procedures for signage notification of zoning changes had started and individuals were questioning why the notices were going up so late. The signs were not posted for the annexation pubic hearing at the City Council but rather for the Planning and Zoning Commission's public hearing for zoning. Water and sewer were available to the property. Access would be available from Hickory Creek Road. The property would have to be platted in accordance with City subdivision regulations even if not annexed. Dedication would ' be required along Hickory Creek with two small tracts existing outside the flood way and flood plain that cut through the eastern portion of the site. A good portion of the site would not be conducive to development. The storm water aspectLo of the property would have to be dealt with at the time of planing. Council Member Krsioferson stated that if the property were in the ETJ it would still need to be platted to the City's regulations. I Hill stated yes according to the City's subdivision regulations. s Council Member Kristofcrson asked what type of leverage the City had on annexation if the proposed zoning were something it did not want. 1 Hill stated in order to have some degree of control over the quality of development and the density, there needed to be zoning regulations. Council Member Krisloferson asked if the properly could be nucxed without granting the requested zoning, t' l 1 City of Denton City Council Minutes January S, 1999 Page S Hill questioned whether the applicant could withdraw the annexation petition if it appeared that the requested zoning would not be approved. Herb Prouty, City Attorney, stated that the City had an informal policy that allowed applicants to withdraw their request if something happened with respect to it that they did not want. That had really only been applied to zoning cases but would probably apply to annexation cases as well. Council Member Kristoferson stated that a supcnnajority vote was required for annexations. if denied,would the applicant have to wait a year until reapplying. City Attorney Prouty stated the supermajority vote would only apply to the annexation. Unless there was a negative recommendation from the PIanning and Zoning Commission or a protest on the zoning, a supennajori ty was not nressari ly required. Those were really two separate issues. Council Member Kristofsrson stated that an impact analysis had not been done with respect to the DISD. The D1SD Planner indicated that the annexation of this area would have a large impact on the most overcrowded school in the district. She requested that Information for the rest of the Council by the next public hearing. Council Member Durrance stated that the proposed plan was for single family residential development of 2.97 units per acre, He questioned what would be the equivalent in single family lot size. Hill stated that at this time it would be difficult to calculate that as there would have to be flood way dedication as well as right-of-way dedication subtracted from the site. There might also be some dedication of the flood plain. That would affect lot size but would not affect the overall density of the proprey. Council Member Durrance quc,;lioned if the dedication of a tract 3 park would also affect the calculations. Hill stated that if it w.Ye labeled as a park, a gross density would probably be used. The density would be calculated based on the total site but would not be able to build within that park area That would probably somewhat reduce the lot sizes. He estimated that the lots would probably be 7,400 square foot lots, j Council Member Kristoferson staled that there would be three parcels of SP-b. The Mayor opened the public hearing. Brenda Phillips stated that she was a homcowmer directly adjacent to the proposal, At this point in time, she supported the annexation. The homeowner leaned of the annexation on the weekend, Of the five homeowners who lived directly on the fence line of the annexation, three had received no notification. She requested Council notify homeowners in the future about annexation hearings. As a professor who specialized in disasters, she also requested that the Council analyze the existing floodplain in the proposed annexation, She had heard a number of different estimates about the flood plain and its location. It appeared to several of the adjacent homeowners that tract IC that was proposed for ten homes might be in or near the flood plain. That area might be difficult and r City of Denton City Council Minutes January 5, 1999 Page 6 " expensive to develop. The proposed annexation and zoning indicated that a green belt and bike path would be created along the creek. She suggested developing that tract as part of an expanded park with an environmental science center for the DISD with the assistance from the two universities. She would donate her time to organize such an effort. A neighborhood park in an area of projected significant growth and a children's science center directly supported clearly defined priorities from the growth management plan and from the community workshop. Mayor Pro Tom Beasley stated that Council's back-up indicated that the entire floodway and floodplain would be dedicated to the City as a park. She questioned if Phillips was asking the developer to give Tract IC also. Phillips replied correct. Tary Arterbum,Mesa Design Group,stated that the property was 1 t4 acres with approximately 31 acres of floodplain. Their proposal to the developer was to make a park dedication of that area. That would provide a good community park that would serve the surrounding areas. lie felt that the developer would agree to develop some amenities in the proposed park area. A layout of the entire property was completed with 10,000 square foot lots. That number, considering if the floodplain were not there, would be approximately 341 tots. That was used as the model for density. Because a fairly significant portion,30%or more, of the property was in the floodway or park,the proposal for zoning would be to collect the density on the western side of the property so that the net density would be equal to what 10,000 square foot lots would be. It included both 7,000 square foot lots and two tracts of 6,000 square foot lots. There would be approximately too- 6,000 square foot lots and 2387,000 square foot lots. There was a need for some density to make this some kind of a financial reality for the developer. This could be a win-win situation for the City. He felt that the developer would be willing to discuss the proposed development for Tract 1C. He indicated that they would try to hold another neighborhood meeting prior to the Planning and Zoning Commission meeting next week, The Mayor closed the public hearing. He indicated that the Planning and Zoning Commission would be holding a public hearing on this proposal on January 13th and the second City Council public hearing would be January 19th. 16. The Council held a public hearing aid considered rezoning 21.502 acres from an Agricultural (A) zoning district to a Multi-Family l (MF•l) zoning district. The property was legally described as Tract 9 In the D. Hough Survey (Abstract 646) and was located on the north side of Colorado Boulevard,jusl north of Mayhill Road. The proposal was to develop an apartment complex, (The Planning and Zoning Commission recommended approval (7-0)with conditions) (Z-98-055) Dave Hill, Director of Planning and Development, staled that there were three conditions placed on this proposal by the Planning and Zoning Commission. These conditions were that density would c. be limited to 20 units per acre, no group homes would be permitted and lighting would be designed J so as to not shine or disturb surrounding residential property or into the night sky. The letters of I opposition previously received had changed as of the morning. There were no totters of opposition, Two previous letters of opposition had been changed to tine in favor and one neutral. The gross density limitations that were recommended by the Planning and Zoning Commission of 20 units per acre would allow for 450 units. If 10 acres of flood plain were taken out, the net density would i t 14 City of Denton City Council Minutes January 5, 1999 Page 7 be between 38 and 39 units per net acre after the floodway dedication took place. It was estimated that between 7 and 8 acres of floodway would be dedicated as pan of the subdivision regulations. Sidewalks were required along any front%ge and parkland dedication would also be required or a fee in lieu of land dedication. Council Member Burroughs questioned the motion made by the Planning and Zoning Commission in regards to the number of units per acre. The minutes reflected"based on whatever was usable". fie felt that would be a limitation on the net usable acreage and not on the gross amount. Hill replied that"based on what was usable'could be interpreted as anything that would F.e taken out becaus:of right-of-way dedication or dedication of flood way land. The Mayor opened the public hearing, Rob Rayner stated thm some of the conditions on the commercial property dealt with the lighting on the property, screening of dumpsters, etc. There would be no access on the railroad right-of- way. He felt this was proper zoning for multifamily because of the flood way/flood plain area on the site. The three conditions presented were agreeable with the developers. He felt that density of 20 units per acre would be of the usable land that would result in 15 acres of land with 300 units. No more than that could be built due to the parking requirements, i The Mayor closed the public hearing. The following ordinance was considered: NO, 99.003 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AN AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 21.502 ACRES OF LAND LOCATED ON THE NORTH SIDE OF COLORADO BOULEVARD, JUST NORTH OF MAYHILL ROAD, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Beasley seconded to amend the ordinance to allow 20 units per acre of usable acreage. On roll vote, Beasley "aye`, Burroughs "eye", Cochran "aye", Durrance "aye', Kristoferson"nay", Young"aye",and Mayor Miller"aye". Motion carried with a 6-1. ITEMS FOR INDIVIDUAL CONSIDERATION 17. The Council considered adoption of an ordinance prohibiting parking on the cart side of k, c Pennsylvania Drive from Teasley Lane to Southmont Drive;providing a savings chuse;providing a severability ciaure; providing a penalty not to exceed two hundred dollars; and declaring an cfTeclive date. Dave Hill, Director of Planning and Development,stated dial this was the end result of three groups working together. The Southmo'd Homeowners Association noticed that parking on the street t' c I City of Denton City Council Minutes January 5, 19W Page 8 t appeared to be a hazard. The nearby Baptist Church would allow parking In its lot for the Catholic Church. The following ordinance was considered; NO.99-009 AN ORDINANCE PROHIBITING PARKING ON THE EAST SIDE OF PENNSYLVANIA DRIVE FROM TEASLEY LANE TO SOUTHMONT DRIVE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PRUVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE, Kristoferson motioned, Beasley seconded to adopt the ordinance. On roll vole, Beasley "aye", Burroughs "ayd', Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller"aye ', Motion carried unanimously. 18. The Council considered approval of a resolution granting approval to the Denton County }lousing Finance Corporation for the use of the proceeds of its series 1996 single family mortgage revenue bonds to finance home mortgages for single family homes located within the City of Denton, Kathy DuBose, Assistant City Manager for Finance, .ttted that this resolution wou'.d allow first time homeowner., to participate in Denton County Housing Finance Corporation bonds. A resolution was needed by the Council In order for the homeowners to participate in the program. The following resolution was considered: NO. R99-001 A RESOLUTION GRANTING APPROVAL TO THE DENTON COUNTY HOUSING FINANCE CORPORATION FOR THE USE OF THE PROCEEDS OF ITS SERIES 1998 SINGLE FAMILY MORTGAGE REVENUE BONDS TO FINANCE HOME MORTGAGES FOR SINGLE FAMILY HOMES LOCATED WITHIN THE CITY OF DENTON. Beasley motioned, Burroughs seconded to adopt the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Dutrance "eye", Kristoferson "aye", Young "aye", and Mayor Miller"aye". Motion carved unanimously. 19. 'Ihe Council considered adoption of an ordinance whereby the City of Denton, Texas, grants to CoSery Gas a non-exclusive franchise to furnish, transport, sell and distribute gas to customers in Denton,Texas, for a period of ten (10)years for a franchise fee In the amount of 3% of revenues collected and providing definitions; providing a payment schedule and statement of revenues; providing franchise fee not in lieu of other fees and contract obligations; providing dependable gas supply at lowest reasonable costs; providing obligations regarding company facilities, long-range planning for capital improvement projects, City review of construction and design, requests by City for re,ocation of company facilities and work by others; providing for t I City of Denton :ity Council Minutes January S, 1999 Page 9 :hanging boundaries of City and abandonment; providing City not required to advarce funds; providing for technological improvements; providing for compliance with City rules and regulations, Railroad Commission specifications and regulations, and environmetdal laws; providing office location,reports on company operations and activities and detailed bills;providing City held harmless and indemnification, notice to company, insurance and bonds; providing payment of expenses incurred by City in relation to ordinance; providing right of first purchase, right to purchase or condemn, limitations of company removal of farilitics, transportation and procurement of gas by City and curtailment; providing civil penalties, foreclosure, forfeiture and termination and other legal remedies; providing no waiver, rights of successors an l assigns, representatives and notices, scverability, entire agrmment, company approval, annexation to the City and third parties; providing compliance with City Charter and application of terms in competing franchises;and providing an effective date. City Attorney Prouty stated that this was the fast reading of this ordinance. Such a franchise required two reading for final passage of an ordinance. The following ordinance was considered: (First Reading) AN ORDINANCE WHEREBY THE CITY OF DENTON, TEXAS, GRANTS TO COSERV GAS A NON-EXCLUSIVE FRANCHISE TO FURNISH,TRANSPORT,SELL AND DISTRIBUTE GAS TO CUSTOMERS IN DENTON,TEXAS, FOR A PERIOD OF TEN(10)YEARS FOR A FRANCHISE FEE IN THE AMOUNT OF 3%OF REVENUES COLLECTED AND PROVIDING DEFINITIONS; PROVIDING A PAYMENT SCHEDULE AND STATEMENT OF REVENUES; PROVIDING FRANCHISE FEE NOT IN LIEU OF OTHER FEES AND CONTRACT OBLIGATIONS; PROVIDING DEPENDABLE GAS SUPPLY AT LOWEST REASONABLE COSTS; PROVIDING OBLIGATIONS REGARDING COMPANY FACILITIES, LONG-RANGE PLANNING FOR CAPITAL IMPROVEMENT PROJECTS, CITY REVIEW OF CONSTRUCTION AND DESIGN, REQUESTS BY CITY FOR RELOCATION OF COMPANY FACILITIES AND WORK BY OTHERS; PROVIDING FOR CHANGING BOUNDARIES OF CITY AND ABANDONMENT; PROVIDING CITY NOT REQUIRED TO ADVANCE FUNDS; PROVIDING FOR TECHNOLOGICAL IMPROVEMENTS; PROVIDING FOR COMPLIANCE WITH CITY RULES AND REGULATIONS, RAILROAD COMMISSION SPECIFICATIONS AND REGULATIONS, AND ENVIRONMENTAL LAWS; PROVIDING OFFICE LOCATION, REPORTS ON COMPANY OPERATIONS AND ACTIVITIES AND DF.TAILED BILLS; PROVIDING CITY HELD HARMLESS AND GkOEMNIFICATION, NOTICE TO COMPANY, INSURANCE AND BONDS; PROVIDING PAYMENT OF EXPENSES INCURRED BY CITY IN RELATION TO ORDINANCE; PROVIDING RIGHT OF FIRST PURCHASE, RIGHT TO PURCHASE OR CONDEMN, LIMITATIONS OF COMPANY REMOVAL OF FACILITIES, f 1" TRANSPORTATION AND PROCUREMENT % GAS BY CITY AND CURTAILMENT; PROVIDING CIVIL PENALTIES, FORECLOSURE, FORFEITURE, AND TERNIINATIGN AND OTHER LEGAL REMEDIES; PROVIDINO NO WAIVER, RIGHTS OF SUCCESSORS AND ASSIGNS, REPRESENTATIVES AND NOTICES, SEVERABILITY, ENTIRE AGREEMENT, COMPANY APPROVAL, ANNEXATION i E L- i City of Denton City Council Minutes January 5, 1999 Page 10 " TO THE CITY AND THIRD PARTIES; PROVIDING COMPLIANCE \VIfH CITY CHARTER AND APPLICATION OF TERMS IN COMPETING FRANCHISES; AND PROVIDING AN EFFECTIVE DATE. Burroughs motioned, Durrance seconded to adopt the ordinance. On roll vote, Beasley "aye", "aye', ,, n "aye," "eye', "aye", s;,. Burroughs Cochran "aye', Durrance [{ristoferson Young and May Miller"aye'. Motion carried unanimously. k 20. The Council considered adoption of an ordinance of the City of Denton, Texas, amending Chapter 33 "Zoning" of the Code of Ordinances of the City of Denton by adopting Article XI "Corridor Overlay District; providing a classification for designating roadways in Denton; establishing a site plan review process, establishing landscaping, architectural, screening, outdoor storage, limited visibility land use,traffic circulation, and sign guidelines;providing for a penalty in the maximum amount of $2,000.00 for the violation thereof; providing a severability clauss; providing a savings clause and providing for an effective date. (The PIanning and Zoning Commission recommended no further consideration of the draft ordinance, 4.2.1). Dave Hill, Director of Planning and Development, stated that originally the Planning and Zoning Commission had forwardod the ordinance to Council with a 4.3 vote for no further consideration. Council returned the ordinance to the Commission with am,-ndmenls. The Commission again voted for no further consideration with a 4.1 vote. Mayor Miller indicated that the ordinance would require a superrnajority vote as a result of the Planning and Zoning Commission action. The following Individuals spoke on the issue: Steve Knight,611 Fort Worth Drive,Dentor,76201 -opposition Don White, 2105 Savannah, Denton, 76205 •opposition Mayor Miller stated that he had speaker cards fro. he following i.,Jividuals regarding the item who did not wish to address the Council: 1 Tom Farlow, 3310 Santa Monica Drive,Denton,76205-opposition Joe Winkle, 1907 Virginia Street,Denton,76205 •opposition Kristofcrson motioned, Beasley sccondcd to adopt the ordinance. Council Member Cochran stated that he would be voting in favor of the ordinance but knew it would not pass due to the supermajority requitement. The press and some mcmber� of the communay were reading a different ordinance other than the one he was going to vote in favor of. f� This ordinance would not raise taxes and would not drive out small business. The ordinance would provide a level of site plan review for areas along the corridors of the city. This was a move to enhance the community and not an effort to repress business. He felt that there were honorable motives for the consideration of this ordinance. Council Mennbcr Young stated that he would be voting against the motion due to the people. There had been a petition of 1,000+ names against the ordinance and thcne were many speakers at the t t t City of Denton City Council Minutes January 5, 1999 Page 1l public hearings against the ordinance. This ordinance would increase taxes due to businesses that would not locate here and small businesses that would go out of business due to the restrictions in the ordinance. The government should not set the standards of beauty. Council Member Durtance stated that economic development and aesthetic improvement of the City were goals from a Council's planning session, Ile felt it was important to note a January 1998 schedule of meetings on the corridor ordinance. There had been ample time for public comment on the issue. A vote against this ordinance was vote against what staff, citizens and others felt was needed for the community. Mayor Pro Tern Beasley stated that she would be voting for ordinance. She felt this was what the community wanted and expected for planning for orderly development Council Member Kristoferson stated that support of this ordinance went back six years, to the fall of 1993 with a community meeting for the VISION project. People at that meting wanted more open space,more parks and a visually attractive community. Council Member Burroughs stated that managing growth was vital. Citizens wanted managed growth and not have helter skelter growth, lie felt that growth could be managed with this type of ordinance. This ordinance was modified in order to allow for the uniqueness of Denton. Mayor Miller stated that when he decided to vote against this ordinance the necessity for a supers. tjority vote was not in place. This ordinance would not be a large tax burden on the businesses in Denton. Ilia problem with the ordinance was that it was not needed. He was concerned with the appearance of the community but was not in favor of this particular ordinance. The ordinance assumed that the private sector would not do the right thing. If the ordinance failed he wanted to act up a task force of community members interested in the appearance of the community to look at guidelines regarding these issues. On roll vote on the motion to approve the ordinance, Beasley "aye', Burroughs "aye", Cochran "aye", Durrance"aye", Kristoferson "aye", Young"nay", and Mayor Miller"nay", Motion failed I with a 5.1 vote as a supermajority vote was needed, Coutx;t Member Kristoferson questioned if there were four Council votes to form a task force regard, o this issue. She could not see participating in a task force at this point in time, Mayor Mthcr stated that as mayor he could appoint citizens to work on issues. 21. The Council consider adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute a professional services agreement with Reed Consulting Group for consulting services pertalning to electric restructuring matters and the possible divestiture of the City's electric generation and distribution assets; authorizing the expenditure of funds therefor, and providing an effective date. Sharon Mays, Director of Electric Utilities, stated that this item and the next accomplished the necessary support for the two requests for proposal. One was for the generation and the other was for facilities, V City of Denton City Council Minutes January 3. 1999 Page 12 '1 Council Member Young indicated that he did not want to sell the electric system. He felt there had not been adequate citizen involvement with this issue. Employees would lose jobs and the dollars going into the general fund would be lost. People in Denton did not want to sell the utility system, He would be voting against anything that dealt with the sale of the utility system. Mayor Miller indicated that this item was not to sell the system. This proposal would find what kind of market was available if Denton wanted to sell the system. A positive vote of the citizens was required to sell the distribution system. 7 Mayor Miller Indicated that Speaker Cards had been submitted regarding this item. The following individuals spoke: Don White,2105 Savannah, Denton,76205 •opposition Lang Bailey, 3619 W. University,Denton,76207-opposition Council expressed their conccros regarding the deregulation issues and the need for or need not for a consultant on the Issue. The following ordinances were considered; NO.99-010 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH REED CONSULTING GROUP FOR CONSULTING SERVICES PERTAINING TO ELECTRIC RESTRUCTURING MATTERS AND THE POSSIBLE DIVESTITURE OF THE CITY'S ELECTRIC GENERATION AND DISTRIBUTION ASSETS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE, NO. 99-011 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH R. 1. COVINGTON CONSULTING FOR CONSULTING SERVICES PERTAINING TO ELECTRIC RESTRUCTURING MATTERS Alv'D THE POSSIBLE DIVESTITURE OF THE CITY'S ELECTRIC GENERATION AND DISTRIBUTION ASSETS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. KHOoferson motioned, Beasley seconded to adopt the ordinances. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye', Durrance "eye", Kristofcrson "aye", Young "nay", and Mayor t!' Miller"aye' Motion carried with a 6.1 vote. 11. 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. J. Covington Consulting for consulting services pertaining to clecuic restructuring maitero and the possible divestiture of the c City of Denton City Council Minutes January 5, 1999 Page 13 r' City's electric generation and distribution assets; authorizing the expenditure of funds therefor,and providing an effective date. This item was considered with Item 011. 23. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute amendment number three to the professional services agreement for consulting scivices with R. J. Covington Consulting relating to the Denton Municipal Electric Utility, dated February 16, 1998; providing for additional professional 6ervlces to be performed related to electric restructuring and regulatory matters,by adding Task Order 98-E; authorizing the expenditure of additional funds therefore; and providing an effective date. (The Public Utility Board recommended approval 4-0.) The following ordinance was considered; NO, 99-012 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NUMBER THREE TO THE PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING SERVICES WITH R. J. COVINGTON CONSULTING RELATING TO THE DENTON MUNICIPAL ELECTRIC UTILITY, DATED FEBRUARY 16, 1998; PROVIDINO FOR ADDITIONAL PROFESSIONAL SERVICES TO BE PERFORMED RELATED TO ELECTRIC RESTRUCTURING AND REGULATORY MATTERS,BY ADDING TASK ORDER 98-E; AUTHORIZING THE EXPENDITURE OF ADDITIONAL FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", ' Burroughs "aye', Cochran "aye", Durrance "aye', Kristoferson "eye", Young "nay", and Mayor Mi llcr"aye", Motion carried with a 6.1 vote. 24. The Council considered adoption of an ordinance providio, for the abandonment of a 0.5493 acre tract of land constituting a portion of the public street right-cf way located generally within West Prairie Street between Bonnie Brac Street and the frontage road for Interstate Highway 3$;providing a reservation within such acreage for public utility easement purposes;providing for the execution of a quit-claim decd w the Texas Department of Transportation for the portion of the public right-of-way being abandoned and providing an effective date (The Planning and Zoning Commission recommended approval 4-0.) Dave Hill, Director of Planning and Development, stated that this was an ordinance providing for abandonment of a portion of West Prairie Street. The Texas Department of Transportation owned the property north of the area to be abandoned. This ordinance would allow them to consolidate , A, their holdings. NO. 99-013 AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A 0.5493 ACRE TRACT OF LAND CONSTITUTING A PORTION OF THE PUBLIC STREET RIGHT- t' t , r City of Dentin City Council Minutes tanuary 5, 1999 Page 14 OF-WAY LOCATED GENERALLY WITHIN WEST PRAIRIE STREET BETWEEN BOWE BRAE STREET AND THE FRONTAGE ROAD FOR INTERSTATE HIGHWAY 35; PROVIDING A RESERVATION WITHIN SUCH ACREAGE FOR PUBLIC UTILITY EASEMENT PURPOSES; PROVIDING FOR THE EXECUTION OF A QUIT-CLAIM DEED TO THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE PORTION OF THE PUBLIC RIGHT-OF-WAY BEING ABANDONED AND PROVIDING AN EFFECTIVE DATE Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley „aye„, it Burroughs "aye , Cochran "aye', "aye”. "aye",Durrance Kristoferson "nay”,na , an Mayor Miller"aye Motion carried with a 6.1 vote. 25. The Council considered adoption of an ordinance approving the real estate contract between the City of Denton and Barbara Kaye Whitson, individually, and as independent executrix of the estate of Corine A. Doakes and Ada Lucile Lowe (formerly Ada Lucile Wilson), relating to the purchase of 0.156 acres of land for constructing drainage improvements in the PEC-4 Tributary of Pecan Cr.ck; authorizing the expenditure of funds therefore;and providing an effective dale, (The Plan;dng and Zoning Commission recommended approval 5.0.) The following ordinance was considered: NO.99-014 AN ORDINANCE APPROVING THE REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND BARBARA KAYE WHITSON, INDIVIDUALLY,AND AS INDEPENDENT EXECUTRIX OF THE ESTATE OF CORINE A, DOAKES AND ADA LUCII E LOWE (FORMERLY ADA LUCILE WILSON), RELATING TO THE PURCHASE OF 0.156 ACRES OF LAND FOR CONSTRUCTING DRAINAGE IMPROVEMENTS IN THE PEC-4 TRIBUTARY OF PECAN CREEK; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance"nay", Kristoferwn "aye", Young "aye', ,nd Mayor Miller"aye', Motion carried with a6-1 vote, 26. The Council considered adoption of an ordinance approving the real estate contract between the City of Denton and Mary B. Copeland, widow of II. L. Copeland relating to the purchase of 1.20 acres of land for constructing drainage improvements in the Mockingbird Street area; authorizing the expenditure of funds therefore;and providing an effective dale. (The Planning and Zoning Commission recommended approval 7-0.) � The following ordinance was considered, NO.99-015 AN ORDINANCE APPROVING THE REAL FSTATE CONTRACT BETWEEN THE CITY OF DENTON AND MARY B, COPELAND, WIDOW OF H. L, COPELAND t. 1 t t City of Denton City Council Minutes Jrnuary 5, 1999 Page 15 +1 RELATING TO THE PURCHASE OF 1.20 ACRES OF LAND FOR CONSTRUCTINO DRAINAGE IMPROVEMENTS IN TU MOCKINGBIRD STREET AREA; AUTHORIZtNO THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "eye", Burroughs "aye', Cochran "aye", Durrance "aye", Kristofttson "aye', Young "aye", and Mayor Miller"aye". Motion carried unanimously. 27. The Council considered approval of a resolution relinquishing approximately 35.781 acres of lard within its Extraterritorial Jurisdiction to the Town of Bartonvil le, so that Badonvi Ile may institute annexation proceedings with respect to such area. Dave Hill, Director of Planning and Development, stated that the p.,,;osed property was located within Denton's ETJ. The usual procedure was to first relinquish the ETJ to make certain that the intent of the neighboring municipalities was clear. Denton bad roceived a request to place this property In Bartonville's ET). A letter from the City of Argyle to the Town of Bartornville indicated that there were no objections to being annexed by Bartonville. The following resolution was considered: NO. R99.002 A RESOLUTION RELINQUISHING APPROXIMATELY 35.781 ACRES OF LAND WITHIN ITS EXTRATERRITORIAL JURISDICTION TO THE TOWN OF BARTONVILLE, SO THAT BARTONVILLE MAY INSTITUTE ANNEXATION PROCEEDINGS WITH RESPECT TO SUCH AREA. Young motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kdstoferson "aye", "oung "aye", and Mayor Miller"aye". Motion carried unanimously. 28. Miscellaneous matters from the City Manager. City Manager Jez did not have any items for Council. 29. New Business The following items of New Business were suggested by Council for future agendas: A. Council Member Burroughs requested Information concerning a formal notification process for annexations. t B. Council Member Burroughs requested Information regarding a formal policy for zoning,annexations and downzoning by Council subject to a petitioner, 30. There was no continuation of Closed Meeting under Sections S51-071-531.085 of the Texas Open Meetings Act. �l I City of Denton City Council Minutes January 5, 1999 Page 16 31. The following official action was taken on Closed Meeting items held under Section 551- 071-55 1.085 of the Texas Open Meetings Act: Young motioned, Beasley seconded to grant a 2% pay adjustment for the City Manager, Municipal Judge and City Attorney similar to what other city employees would be receiving. On toll vote, Beasley "aye 1, Burroug "aye", Cochran "aye, Durrace "Aye", Kristoferaon ,aye, , Young"aye"* and Mayor Miller"aye". Motion carried unanimously. With no further business,the meeting was adjourned at 10:25 p.m.. � I 1 JACK MILLER,MAYOR CITY OF DENTON,TEXAS I JENNIFER WALTERS CITY SECRETARY CITY OF DENTON,TEXAS 1 A t; (irk n t. f Ct I Y OF DENTON CITY COUNCIL MINUTES January 12, 1999 After determining that a quorum was present mid convening in an open meeting, the City Council convened in a closed meeting on Tuesday, January 12, 1)99 at SAS p.m. in the Civil Defense Room in City Hall, PRESENT: Mayor Miller; Mayor Pro Tom Beasley; Council Members Burroughs, Cochran, Durrance,Kristoferson and Young. ABSENT: None I I. The Council considered the following in Closed Meeting: A. Conference with Employees — Under TEX. GOV'T. CODE Sec. $51.075. 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,January 12, 1999 at 6:00 p.m. in the Council Chambers at City Hall. 1, The Council considered adoption of an ordinance authorizing the City Manager to execute a j grant application with the Telecom municali ons Infrastructure Funding Board under the Internet Enhancement (Program B) Grant For Public Librades/L83 and approving an application to the board to obtain a grant for Internet enhancement of the Donlon Public Library; ratifying the actions j of the City Manager, Director of the Library, and other city officials In regard to this grant application;and providing an effective date. Eva Poole,Director of Libraries,stated that this was a grant for the infrastructure for the libraries to ; have Icimcimmunication access to the computers at the two universities. The following ordinance was considered; I NO.99-016 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A GRANT APPLICATION WITH THE TELECOMMUNICATIONS INFRASTRUCTURE FUNDING BOARD UNDER THE INTERNET ENHANCEMENT (PROGRAM B) GRANT FOR PUBLIC LIBRARIES193 AND APPROVING AN APPLICATION TO TIIE BOARD TO OBTAIN A GRANT FOR INTERNET ENHANCEMENT OF THE DENTON PUBLIC LIBRARY; RATIFYING THE AC110NS OF THE CItY MANAGER, DIRECTOR OF THE LIBRARY, AND OTHER CITY OFFICIALS IN REGARD TO THIS GRANT APPLICATION; AND PROVIDING AN EFFECTIVE DATE. Af Beasley motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "eye', Burroughs "aye", Cochran"aye', Durrance"eye",Young"aye", and Mayor Miller"aye", Motion carried unanimously. Following the completion of the Special Called Mecling, the Council convened Into a Work Session E t, t ' City of Denton City Council Minutes January 12, 1999 Page 2 1. The Council received a report, held a discussion, and gave staff direction r.garding the Growth Management Strategy, Dave Hill, Director of Planning and Development, stated that this was one of the last stages of review for the growth management strategy. The contents of the strategy, including the recommendations, etc. had not changed over the last several weeks. The only addition was the inclusion of comments from recent meetings. After this work session, the Planning and Zoning Commission would hold a second hearing and would then be asked to make a recommendation to the Council. The second public hearing for Council would be Januaryl9th with possible Adoption of the ordinance at that meeting. Council Member Burroughs asked at what point and in what way were public comments Incorporated Into the plan. Hill stated that staff looked at the consensus of what had been heard. because the policies were done separately and done first,they directed how the map would look and what was the community sentiment. The outstanding issues would still be dealt within the comprehensive plan. Council Member Burroughs stated that one of the primary items raised was timing, The Issue was that the Council needed to be aware of the D1SD Issues and questioned where that aspect would be emphasized. Hill stated that the ability to evaluate adequate public facilities was not with the growth management play,. The plan was a rough organizational pattern that did not tend self to intensity for growth. Timing issues were not looked at. Council Member Cochran suggested changing the population figures for the year 2020 in the basic r assumptions, The current figure was for the entire ETJ and not for the City of Denton only, He felt that should be changed to clear up that perception of the figure. Hill suggested Indicating that the study area of the population would be a certaln figure and that the estimated population inside the city limits would be acerialn figure with anticipated annexations. Mayor pro Tcm Beasley nsket if Council would be voting on all of the presented materials or only the four or rive pages of the strategy. Hill replied that it would not be all of the exhibits. 'i'he staffanalysis and public comments would not be a part of the considerations. Council would approve the strategy with a resolution and would Indicate that ii would be subje.1 to change based on updated data from the comprehensive plan. Council Member Young felt that this was an important study especially in the light of the situation " J, in Flower Mound. Denton was always looking ahead to maintain its infrastructure and would not fall into that type of a situation, Mayor Miller felt that as Denton grew, it was important to make sure that a sense of community wa,i mainialned. 'this document would be the cornerstone of the comprehensive plan. l' r 1 City of Denton City Coun:ii Minutes January 12, 1999 " Page 3 2. The Council received a report, held a discussion, and gave staff direction regarding economic development strategies,activities,and policies, Linda Ratliff, Director of Economic Development,stated that at the last Planning Session,Council identified economic development as a primary issue. 'there were four actions that Council wished to address: (1) a review of the current economic development policies, activities and performance, (2) establishment of outcome based goals and policy for economic develop, (3) identification or methods to achieve these goals and (4) development of a marketing plan and strategy within the city. She reviewed each attachment in the agenda back-up materials. Council Membty Cochran stated that the City funding for the Chamber this year was St 12,000. The contract indicated basic items that the Chamber was going to perform for receipt of that money. Two of those items were to provide office space and support staff for the operation of that office and to solicit private sector funds in the amount of 585,000. He questioned if that sama contract was in place. Ratliff indicated that it was time for a new contract but staff had waited for direction from Council before finalizing the contract for this year. Council Member Cochran asked if the Chamber had fulfilled the terms orthe contract. He felt that the C'hamb;r should have provided office space and raised$85,000 for programs, Ratliff incicaled that that was a different budget cycle. The contract was for the last fiscal year and S85,000 was not raised in the last fiscal ye,r. This budget was for next fiscal year, The Chamber provide( office space for the economic development office. The 564,000 was a result of the Econoric Developincnt Committx's request 10 take the area and turn into a first rate working area. Council Member Cochran stated that five new businesses located in the City and there were expa•isions of businesses. Ito questioned if there was any cause and effect relationship of location and expansion and the efforts of the economic development office of the City or Chamber. 1 Ratliff Indicated that the chart in the agenda materials indicated companies that the Chamber and City had had some level of contact with and the level of Involvement vaned. Some were only Involved with the Chamber. I Council Member Cochran staled that the Joint effort was $524,000 for Ws year In expenses for staff and programs for economic development and questioned if there might be a way to establish that the City was getting its money's worth. Council Member Young felt that the City needed to support the Chamber more than it was tr t currently doing and needed to stop questioning every dollar the Chamber spent. i Ratliff revirwed the attachments presented in the agenda materials and responded to Council's questions concerning those attachments. c. l ' i City of Denton City Council Minulc, January 12, 1999 Page 4 Council Member Young felt that the City should have more involvement with the Chamber in attracting economically clean businesses to Denton and to continue with the present effort. Council Member Durrance asked for an assessment of in-house versus contract nonomic development, fie suggested exploring the rebate tool for incentives for economic development. Goals should not be market linked to the extent result of economic forces outside a particular region. lie wanted to explore the option of enterprise zones problems. Council Member Cochran felt that it was not fair to use the amount of growth in Denton as a bench mark for success. With the current situation of the utility deregulation, he questioned if it was appropriate to use the taxes the rate payer's pay from the utility side enterprise funds to help pay for economic development when they were when having trouble catching up with demand. He also questioned if it was fair to subsidize a private organization. He was unsure of using economic development funds for remodeling the Chamber offices and questioned if the Chamber had fulfilled what the contract was for, He was unsure of the lobbying efforts on local political issues from an organization that received City funds, He questioned the effectiveness of the program and not the motives. In a down economy there was a need to sell a community, M an economy such as the current economy, that was not necessary. Extreme measures were not needed In this type of economy, This was a type of free market approach. He felt It might be better to redefine the economic development roles, The City provided information to prospective clients and the I Chamber ensured that new prospects would see the community in a favorable light. He felt e`tere was duplication of efforts with two offices for economic development. The City economic development department had a role to provide raw data to industries and where to locate, Slayor Pro Tcm Beasley slated that she would like to see the Chamber raise more private sector money and rely less on city money. A two-prong effort in economic development was good. Performance measures were good but she would like to link contributions to the Chamber with the amount of money raised In the private sector. The Chamber was a private group and should raise a substantial a nouni of money through that area. She would like to see the rest of the Council informed ab.)ut the joint committee with the Chamber and City. Mayor Miller stated that the City role and Chamber role were difficult to assess and determine success. Ile felt there was a role for both the private sector and city department. He also had questions regarding funding to the private sector from the City, Few other cities had municipal owned utilities that would affect the way economic development was presented. lie supported the Idea of continuing the joint partnership with the Chamber, Council Member Burroughs stated that the Economic Development Committee had suggested that the Chamber renovate the offices so as to have more than just an office but rather a marketing tool for a "selling" room for economic prospects. Ile felt there was a need to address economic development as a community goal and not Just a private sector process. Council Member Cochran felt the City was capable of doing economic development in-house ratlhcr than with a creation of a second level within the Chamber of Commerce, City 1lfanagcr Jez stated that staff had made two recommendations In addition tam recommendation by Council. It was felt that there was it need for an In-depth analysis that would include five r I I! City of Denton City Council Minutes January 12, I999 Page S specific Issues including enterprise zones, a comparative analysis with other cities and other topics. A number of Council had raised questions about the measurement criteria that was currently being used and whether to continue to use these criteria or other combinations of criteria. Tying Performance standards to eomncrclal/mdu;lrial growth to ensure that it either met or did not exceed residential growth, moroless involN ent with the Chamber of Conun^rce had been discussed along with specific types of target development. Di&:.-nt roles with contracting all or none or some economic development activities had been also discussed. Staff needed specific direction on which way to go with some of those directives. Council Member Cochran stated that if the City vas going to provide the Chamber money for economic development it should be on the basis of matching funds and another source for the funds should be found other than the utility find, City Manager Jez stated that if it was the desire of the Council to follow that suggestion, he would recommend that as the hording for this year's budget had &vWy b%vn allocated, the commitment to the Chamber be honored and perhaps move in another direction for the next budget year, Mayor Miller stated that the recommendation was that for the .next fiscal year funding for the Clamber be by matching fiords and not come from the utility fund, Council Member Kristoferson stated that she did not want to place the Chamber in a position of having to chose whether io subsidize an economic development department or aupport the community's effort, She felt that would be making the Chamber make a chore between economic development and other types of Chamber efforts. A matching contribution v as not necessarily needed. Council Member Burroughs stated thct as there appeared to be no time crutch at this lw'nt in time, he would prefer to break down the Issues to criteria and give choices In addition to what was already in existence, fie would like time to think through the Issues before having to vote on ti,,m. Mayer Miller suggested a summary of the issues as outlined be prepared and returned to Council at a future session for further discussion. City Manager Jez stated that one of the Council Members had suggested a different kind of analysis. Council Member comparative stated if there was no particular time constraint, he asking for additional information for a comparative analysis. Fie suggested continuing with the present contract with arr extension until Council cou;I address these Issues and consider various scenarios at a later date. The additional information was (1) to review whet other cities had don population growth of the area with scenarios for in-hou e based on protected sa, pure contract and a combination for + services,(2) whether or not these cities had criteria and how the were developed, uses of individual planning by scenarios of planning was used, (4) criteria o o Is not�l linked to marketing strategies,and(3)marketing by fndiVidut I contract. itatiiffsuggested preparing an outline of the Issues raked and the Information asked for, Council could then review that outline to ensure that the outline was complete, Another work session could e u City of Denton City Council Minutes January 12, 1999 Page 6 then be held following that review, Council Member Kristoferson requested additional information on additional economic development tools available to the City, City Manager Jez stated that the issues were now narrowed to two items. One was the analysis requested by Council Member Durrance that would require more slaty lime to put together than the second option, The second option was to bring back specific items such as measurement criteria, economic development tools, contracting marketing versus contracting pieces or the entire economic development program. Council Member Durrance's analysis would require ,nueb more staff time. He questioned which of the two options Council wanted staff to proceed. Council Member Durrance stated that he was not indicating that anvthing should change at this point in time. Some of these issues on how to approach economic development had not been examined by Council for a long time, This was not a suggestion on how to continue,discontinue or change the relationship with the Chamber. There were enough cites with results in economic development that Denton should look at their successes, lie felt then:was a need to look at other options from other cities with good economic results. Council Member Kristoferson stated that she was centering on an elaboration of current economic tools available while Council Member Durrance was talking about changing policies. Kristorerson molioned, Young seconded to receive information on the items on Attachment C in the agenda materials that the City was currently not doing that were available as a city, City Manager Jez stated that the Issue for staff was w'iether the Council wantat a more global analysis of economic development or aidreas specific issues, Both could be done if Council directed. Council debated the pros and cons of whether to proceed with it short-term analysis or global analysis of these economic development issues. On roll vote of the motion to receive information on the items on Attachment C in the agenda materials, Beasley "ayc", Burroughs "aye", Cochran "aye', Durrance "nay", Young "aye", rnd Slayor NNIcr"nay". Motion carried with a 3.2 vote. Council hlemb�r Cochran stated that he wanted it on record that when Council discussed the C'hamber's contract during the budget cycle, the question of matching rinds from the Chamber and possibly not using the utility fund to fund economic development would be discussed. i 3. Vic Council received a report, held a discussion,and gave staff direction regarding a review of the City's boards and commissions. ( �~ Jennifer Walters, City Secretary, reviewed the staffs recommendations found In the agenda materials concerning the varioi+q boards and commissions. 1 L� I City of Denton City council Minutes January 12, 1999 Page 7 Council Member Durance requested that Council not follow the staff recommendation in regards to the Airport Board and eow it to re,hain In its current status with the exception that it would meet the 1969 criteria of 8nwiclat interest. Consensus of the Council was to follow staff recommendation for the boards and commisslons with the exception of the Airport Board and that the Board would follow the recommendation as noted by Council Member Durance. With no further business,the meeting was adjourned at 10:10 p.m. JACK MILLER,MAYOR CITY OF DENTON,TEXAS JENNIFER WALTElt3 CITY SECRETARY CITY OF DENTON,TEXAS ', t` A1r� v IJ 41 1 s CITY OF DENTON CITY COUNCIL MINUTES January 19, 1999 Aber determining that a quorum was present and convening in an open meeting,the City Council convened in a Closed Meeting on Tuesday, 3anuary 19, 1999 at 3:1 S p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tom Beasley; Council Members Burroughs, Cochran, Durrmce, and Kristoferson. ABSENT: Council Member Young 1. Closed Meeting: A. Conference with Employees — Under TEX. GOVT. CODE Sec. 351.075. The Council received information from employees during a staff conference or bnefing, but did not deliberate during the conference. Regular Meeting of the City of Denton City Council on Tuesday. January 19, 1999 at 6:00 p.m. In the Council Chambers at City Hall. PRESENT: Mayor Miller; Mayer Pro Tom Beasley; Council Members Burroughs, Cochran, Durrance, and Krist.,Person. ABSENT: Council Member Young I. 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 October 20 and October 21, 1998. / On roll vote,Beasley"Aye",Burroughs"aye",Cochran"aye", Durrance"aye', Kristoferson"aye", and Mayor Miller"aye". Motion carried unanimously. CITIZEN REPORTS 3. The Council received a report from Willie Hudspeth regarding the drainage easement at 623 Newton, Mr. Hudspeth was not present at the meeting. t CONSENT AGENDA r r Burroughs motioned, Durrance seconded to approve the Consent Agenda and iho accompanying 1 ' ordinances, On roll vote, Beasley. "aye", Burroughs "Aye', Cochran "aye% Durrance '•lye", Kristoferson "aye', and Mayor Miller"aye". Motion carried unanimously, J t City of Denton City Council Minutes January 19, 1999 Page 2 4. NO, 99-017 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE PURCHASE OF A STEEL PLATFORM TRUCK SCALE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID #2312 — STEEL PLATFORM TRUCK SCALES AWARDED TO FAIRBANKS SCALES IN THE AMOUNT OF$52,974) 5. NO,99-01 S AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF FLEET VEHICLES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID #2310 — FLEET VEHICLES AWARDED AS LISTED IN THE TOTAL AMOUNT OF $518,242) 6. NO. 99-019 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF UTILITY TRACTORS; PROVIDING FOR i THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. (BID #2328 — UTILITY TRACTORS AWARDED TO LAWN LAND OF DENTON IN THE AMOUNT OF S60,741) PUBLIC HEARINGS 7, The Council held a public hearing and considered approval of a resolution adopting the Denton Plan Growth Management Strategy, Dave Hill, Director of Planning and Development, stated that the Planning and Zoning Commission had rescrvalions regarding this resolution. It did not go as far as the Commission would have liked it to go on several fronts. Hill indicated that this was a stepping stone to the Comprehensive Plan. In that context, the Planning and Zoning Commission was willing to approve the resolution for Covs,cil consideration. The Mayor opened the public hearing. Steve Kniatt stated that a survey was conducted that Indicated that a balance between new homes and businesses should be achieved. He reviewed the results of the survey regarding growth and businesses. Ile felt Council should review the results of that survey before considering the resolution, Everything in the plan was already In the C'.y Charter and there really was no need for this proposed document. Ed Soph stated that he had a question regarding the proposal. He was concerned with recycling and fell the City needed to institute a recycling center. t City of Denton City Council Minutes January 19, 1999 Page 3 Mayor Miller stated that there was a plan to institute such a center in this budget year. Also there was an environmental task force working on this issue and a city department working on this. Aaron Thomas staled that he supported the plan but had a concern about the figures for new homes being built in the area, as the supply for materials was very limited at this point in time. The Mayor closed the public hearing. Beasley motioned to approve the resolution She stated that this had been a long process and was the second step in the process for the Comprehensive Plan. The final step would be that the Plan would indicate where areas of different types of development could occur. Cochran seconded the motion. He stated that growth was the major issue in the city at this point in time. There needed to be a logical and methodical manner to manage growth. Co+mc[I Member Duaanet stated that this document had been discussed at public meetings and changes were made to the document due to public continents made at those meetings. This was a management strategy for the future of the City. 1 li.e following resolution was considered: NO.R99.003 A RESOLUTION OF THE CITY OF DENTON, TEXAS ADOPTING THE DENTON PLAN GROWTH MANAGETMENT STRATEGY AS A MAJOR COMPONENT OF THE CITY OF DENTON COMPREHENSIVE PLAN; AND PROVIDING AN FFFECTiVE DATE. On roll vnc, Beasley"eye",Burroughs"aye",Cochran "eye", Durrance"aye", Kristofcrson"aye", and Mayor Miller"eye". Molion tamed unanimously, & The Council held a public hearing regarding the proposed annexation of a 114.76 acre property located on the north side of Hickory Crock Road, northwest of McNalr Elementary School in Denton's extraterritorial jurisdiction (ETJ). Dave I[ill, Director of Planning and Development, stated that there was an approved annexation schedule In the ab,:nda materials. This was the second public hearing with the Council with no formal action required at this ntceting. A special called meeting of Council would be February 9" for the first reading of the annexation ordinance. Urban services were evsilable for the developer on the site, There would be a slightly higher monthly charge for being outside the city. A service analysis by the DISD was removed from the Council information packet at the 1 request of the DISD. A new service plan was presented with an analysis of potential Impact and Indicated that the annexation would have a limited impact on the DISD as the properly was already In the DISD boundaries. Regardless of the potential density, the property was already In the DISD and had urban services, A concept plan was provided for Informational purposes. The developer was proposing 6,000 and 7,000 square foot lots with a collector street to be installed. A bridge would have to be built for crossing in the Hickory Crock Road area. t i City of Denton City Council Minutes January 19, 1999 A Page 4 Council Member Krisloferson stated that services could not be denied. If the properly were not annexed, density could not be controlled. It was her assumption that the annexation and zoning would be considered together. She did not realize that they were two separate issues. She quo-tioned what could be done about,hat. Hill stated that if Council felt that the density was Inappropriate, the Council could not vote for the annexation and zoning and ask the applicant what he might do should annexation be denied. There may instances where it would be in the best Interest of the City to annex the property as agriculture. City Attorney Prouty stated that if the desire was maximum control on this development, it had to be within the city limits. Part of the growth management strategy was an aggressive annexation policy. If Council did not feel that the zoning was appropriate, the property would not be annexed. Slayor Pro Tent Heasley stated that improvements such as a bridge and road would not have to be done if the property were not annexed. Hill stated tI.dt they would have to be done per the subdivision regulations. Under the subdivision regulatiots, the City could only ask for outright dedication of the floodway. More was being offered by the developer in this rase, The average density of the proposal was approximately 2.4.2,5 units to the acre. After rcplatting, the Oaks of Montecito was 3.1 units to the acre. Council Member Cochran asked if the Council could only annex the property without the zoning. Hill stated that the petitioner had the option to combine the annexation with a zoning request so that the property would be annexed with straight zoning rather than the default zoning of agriculture. If the case was that it was the petitioner's discretion whether the two were combined or not, he was not sure that the Council had the suthodly to break them out and only approve the annexation without The zoning, City Attorney Prouty stated that there was no written policy regarding such a case. In the past the annexation was usually combined with the zoning requested. However, if the zoning were not provided, The land would remain agricultural until another designation was(lone, He felt the question was if the Council did not provide the type of zoning the developer requested the developer could withdraw the request for annexation. Usually,although it was n)t an established policy, the developer would be allowed to withdraw the application, Council Member Durrance stated that he understood that zoning and annexation were two separate issues and the vote for annexation required a supermajodly We as would withdrawal. He viewed thoso m two separate Issues. The Planning and Zoning Commission discussed the two issues together but took two votes, He asked for a clarification of the options available. City Attorney Prouty stated that it also appeared to him that the Planning and Zoning Commission took two voles on the separate issues of annexation and zoning. Usually both were City of Denton City Council Minutes January 19, 1999 Page 5 done in the same ordinance. A superrnajority vote would be required for both the annexation and zoning issues. Withdrawal was not a vote on the main issue and was Just a vote on a policy issue that only required a majority vote. Council Member Cochran stated that with his experience on the Planning and Zoning Commission, he had not handled both zoning and annexation with the same vote, as they were different issues. Mayor Miller requested a report from staff relative to the procedure for annexation and zoning as separate issues. The Mayor opened the public hearing. The followin3 individuals spoke during the public hearing: Christine Rowell, 130(1 Vista Verde,Denton, 76205-opposition Steve Rowell, 1300 Vista Verde,Denton,76205 - opposition Prank Rabold, 1301 Vista Verde, Denton,76205 - opposition Dave Neat- 1101 Buena Vista, Denton,76205-neutral Bill Check,Jr. 1200 Vista Verde,Denton, 76205 -opposition Diane Klutz, 1102 Vista Verde, Denton,76205 - opposition Robert Dee, 1201 Vista Verde, Denton,76205-opposition Steve Kniatt, 1003 Hopkins Drive,Denton, 76205 -opposition Steven Klutz 1102 Vista Verde, Denton,76205 -opposition Jean Stanley, Vista Verde,Denton, 76205 - opposition TM Arterbum,3100 McKimmon Ste.905, Dallas, 75201 - favor Cary Cobb, 1401 Burnham, Plano - favor Mayor Miller stated the following individuals had turned in Speaker Cards: Lance Polse, 1501 Vista Verde, Denton, 76205 -opposition Carotene Use, 1501 Vista Verde, Denton, 76205-opposition Kirk Williams, 1201 Ehn Street, Suite 5400,Dallas,75270- favor The Mayor closed the public hearing, 9. The Council held a public hearing and considered the request to rezone 1.501 acres from a Planned Development (PD-6) zoning district to an Office (0) zoning district. Ths 1.501 acre property was legally described as all of tract 8(.344 acres) and part of tract 7(1.157)in the R. H. Hopkins Survey, Abstract 1694 and was located on the north side of San Jacinto Blvd., approximately 316 feet cast of Piney Creek Blvd. The proposal was for future resa;e and development. (The Planning and Zoning Commission recommended approval (7-0) with f conditions.) (Z-98-046) Dave Hill, Director of Planning and Development, stated that this request was for a straight zoning district of 1.501 acres. There was no specific development proposed at this point in time, The Planning and Zoning Commission recommended approval with the conditions of(l)lighting C V I City of Denton City Council Minutes January 19, 1999 ° Page 6 be designed and maintained to not shine on adjoining property and no night sky diffusion, and (2) a bufferyard of 15' with canopy trees every 20' and 1.5" under-story trees for every canopy tree along the northern boundary between the single family adjacent subdivision and the site. The parcel was located on San Jacinto Blvd. The properiy was not platted and would have to be prior to drvelop!;ient. Curb cut and sidewalks would be required should development occur. i The Mayor opened the public hearing. Ray Cox represented the applicant for the case, They had completed a design for a medical office park. The building would have an all masonry exterior with parking in baA of the building. There were immediate plans for construction upon approval of zoning and the detailed plan. The Mayor closed the public hearing, Ilia following ordinance was considered: NO.99-020 AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROVIDING FOR A CHANGE FROM A PLANNED DEVELOPMENT ZONING DISTRICT CLASSIFICATION AND USE DESIGNATIO`! TO OFFICE CONDIT IONED (O[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A PORTION OF PLANNED DEVLEOPMENT NO. 6 (PD-6) BEING 1.501 ACRES OF LAND LOCATED O'N THE NORTH SIDE OF SAN JACINTO BOULEVARD, APPROXIMATELY 316 FEET EAST OF PINEY CR ?EK BLVD.; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, Kristoferson motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Miller"aye Motion carried unanimously. I 19. The Council held a public hearing and considered a rezoning of 3.24 acres to change the j maximum square footage allowed in the existing Planned Development (PD-6) zoning district. The 3,24 acre property is legally described as Lot 1, Block I of the Golden THangle/Michael's Addition in the City of Denton, Denton County. Teas and was located on the east side of Colorado Blvd., approximately 525 feet north of Loop 288. 'The proposal was to reflect the actual development of the Hastings and Michael's stores that had occurred on the property and provide for some future expansion. (The Planning and Zoning Commission recommended e approval (7-0)with one condition.) fZ-98-057/ I _ Dave Hill, Director of Planning and Development, stated that the request was to rezone the property to change the maximum square footage allowed in the existing PD 6 zoning. The developer requested that the actual square footage that had been developed for the Hastings and Michael's stores be acknowledge and to add additional square footage for future expansion. The Planning and Zoning Commission recommended approval with one condition. He reviewed the ' � j a 1 ' i k City f Denton City Council Mi.tutes tY Y January 19, 1999 a I Page 7 history of the developmcd of the area as noted in the agenda materials. The proposal was to reflect the actual development of the Hastings and Michael's stores that had occurred on the property and to provide fer some future expansion. Council Member Cochran expressed e r ncern with the parking in the area. It appearc that there was not enough parking in the area. Hill stated that there had to be one park;n space for every 200 feet of retail space and one space for every 100 feet of restaurant space that wa -within the requirements of the zoning code. The Mayor opened the public hearing. Kirk Williams, representing the current property owner, stated that the discrepancy was discovered when they had requested refinancing from the bank and discovered that the approved zoning did not match what was built. There were no plans to develop the additional portion of property. They were simply satisfying the requirements for their refinancing. Landscaping would be as currently wag provided which did not meet the current requirements. There was no intent to develop the site. They were only doing a refinancing requirement. The Mayor closed the public hearing. The following ordinance was considered: NO.99-021 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DETAIL PLAN FOR A PORTION OF PLANNED DEVLEOPMENT 6 (PD-0 ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION BY INCREASING THE MAXIMUM BUILDING SQUARE FOOTAGE ALLOWED IN THE EXISTING DETAIL PLAN,BEING 3.14 ACRES OF LAND LOCATED ON THE EAST SIDE OF COLORADO BOULEVARD, APPROXIMATELY 525 FEET NORTH OF LOOP 288; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOIR VIOLATIONS THEREOF;AND PROVIDING FOR AN EFFECTIVE DATE, Council Member Cochran motioned to approve the request but with the stipulation that the amount of retail space he limited to 38,536 square feet which was the existing square footage. Fie felt that there were many problems with parking in the locatio^. with a number of poor spaces not known about in the back of the building. He asked if the developer would have any objections to such a motion. Williams stated that he would have no objections to such a motion. This was more of a cleanup , of the paperwork on the property. II Council Member Coctrwi amended his motion to allow for 39,000 square feet. Kristoferson I seconded the motion. Ii u I` r City of Denton City Council Min ales January 19. 1999 a Page 8 On roll vote,Beasley"aye",Burroughs"aye",Cochran"aye",Durrance"aye", Kristoferson"aye", and Mayor Miller"aye". Motion carried unanimuusly. I ITEMS FOR INDIVIDUAL CONSIDERATION 11. The Council considered adoption of an ordinance approving a real estate contract between the City of Denton and John C. Johnson and Doris Bean Johnson, relating to the purchase of 0.029 acre of land for the expansion of U.S. Highway 77 (Parcel 54 & 55); authorizing the expenditure of funds therefore;and providing an effective date. (The Planning& Zoning Commission recommended approval 7-1j.) The following ordinance was considered: NO. 99-022 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND JOHN C. JOHNSON AND DORIS BEAN JOHNSON, RELATING TO THE PURCHASE OF 0.02) ACRE OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 54 & 55); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye% Burroughs "aye% Cochran "eye", Durrance "aye', Kristoferson "aye", and Mayor Miller "aye". Motion carried unanimously. 12. 'rhe Council considered approval of a resolution authorizing the Mayor to enter into a Memorandum of Agreement with the City of Corinth to mutually disannex and then proceed to annex certain property along the joint Denton and Corinth city boundary. Dave Hill, Director of Planning and Development, stated that this resolution would approve a Memorandum of Agreement with the City of Corinth to mutually disannex and then. annex certain property along the joint Denton and Corinth city boundary. If approved, Denton would have to go through the annexation process by taking the land disannexed by Corinth and going through public hearings, zoning,etc. The following resolution was considered: NO. R99-004 A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE CITY OF CORINTH TO MUTUALLY DISANNEX AND TH;.N PROCEED TO ANNEX CERTAIN PROPERTY ALONG THE JOINT DENTON AND CORINTH CITY BOUNDARY. Cochran motion 'y Burroughs seconded to arprova the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durtance "aye", Kristolerson "aye', and May<x Miller "aye'. City of Denloat City Council Minutes January 19, 199') Page 9 Motion carried unanimously, 13. The Coune i considered adoption of an ordinance providing for the renaming of Willow Springs Drive to Teasley Lane front Dallas Drive to its northern te3minus. (The Planning and Zoning Commission recommended approval 6-1.) 1 Dave Hill, Director of Planning and Development reviewed the history of the street names in be area as indicated in the agenda materials, Larry Bailey stated that the City had other roads with different street nnncs as the street continued through tha city. He felt there was a need for better signage in the area for Shady Oaks. The following ordinance was considered: N0.49-023 AN ORDINANCE PROVIDING FOR THE RENAMING OF WILLOW SPRINGS I DRIVE TO TEAS-EY LANE FROM DALLAS DRIVE TO ITS NORTHERN TPRMINLIS. Burroughs motioned, Beasley seconded to adopt the ordinance. On roll vole, Beasley "aye", Burroughs "aye', Cochran "aye", Durrance "aye", Kristoferson "aye", and Mayor Miller "aye'. Motion carried undnimously. 14. The Council considered adoption of an ordinance on Second Reading whereby the City of Denton, Texas, grants to CoSery Gas a non-exclusive franchise to fumish, transport, sell and distribute gas to customer) In Denton, Texas, for a period often (10)years for a franchise fee in the amount of 3%of revenues collected and p, �viding definitions; providing a payment schedule and 5�41eG cni hF felphues; providing franchise fee not in lieu of other fees and contract obligations; ptotidlttg dependable gas supply at lowest reasonable costs; providing obligations regarding company facilities, long-range planning for capital improvement projects. City review of construtlali 4nd design, requests by City for relocation of company facilities and work by oihss; providing for changing boundaries of Cily and abandonment;providing City not required to advafrce run.;s;providing for technological improvements; providing for compliance with City rules and regulations, Railroad Commission specifications and regulations, and environmental �, us, roviding office location, reports on company operations and activities and detailed bills; proO ing Cily held harmlcss and indemnification, notice to company, insurance and bonds; providing payment of expenses incurred by City in relation to ordinance; providing right of first purchase, right to put-0.1se or condemn, limitations of company removal of por facilities, ,r transportation and procurement of gas by City and curtailment; providing civil penalties, foreclosure, forfeitwe and termination and other legal remedies; providing no waiver, rights of f successors and assigns, representatives and notices, severability, entire agreement, company approval, annexation to the Cily and third parties; providing compliance with City Charter and application of terms in competing franchises; and providing an effective date. The followit ordinance was considered: City of Denton City Council Minutes Januay 19. 1949 Page 10 I N0. 99-024 I AN ORDINANCE ON SECOND READING WHEREBY THE CITY OF DENTON, TEXAS, GRANTS TO COSERV GAS A NON-EXCLUSIVE FRANCHISE TO FURNISH, TRANSPORT, SELL AND DISTRIBUTE GAS TO CUSTOMERS IN DENTON, TEXAS, FOR A PERIOD OF TEN (10) YEARS FOR A FRANCHISE FEE IN THE AMOUNT OF 3% OF REVENUES COLLECTED AND PROVIDING DEFINITIONS; PROVIDING A PAYMENT SCHEDULE AND STATEMENT OF REVENUES; PROVIDING FRANCHISE FEE NOT IN LIEU OF OTHER FEES AND CONTRACT OBLIGATIONS; PROVIDING DEPENDABLE GAS SUPPLY AT LOWEST REASONABLE COSTS; PROVIDING OBLIGATIONS REGARDING COMPANY FACILITIES, LONG-RANGE PLANNING FOR CAPITAT IMPROVEMENT PROJECTS, CITY REVIEW OF CONSTRUCTION AND DESIGN, REQUESTS BY CITY FOR RELOCATION OF COMPANY FACILITIES AND WORK BY OTHERS; PFi'VIDING FOR CHANGING BOUNDARIES OF CITY AND ABANDONMENT; PROVIDING CITY NOT REQUIRED TO ADVANCE FUNDS; PROVIDING FOR TECHNOLOGICAL IMPROVEMENTS; PROVIDING FOR COMPLIANCE WITH CITY RULES AND REGULATIONS, RAILROAD COMMISSION SPECIFICATIONS AND REGULATIONS,AND ENVIRONMENTAL LAWS; PROVIDING OFFICE LOCATION, REPORTS ON COMPANY OPERATIONS AND ACTIVITIES AND DETAILED BILLS; PROVIDING CITY HELD HARMLESS AND INDEMNIFICATION, NOTICE TO COMPANY, INSURANCE AND BONDS; PROVIDING PAYMENT OF EXPENSES INCURRED BY CITY CJ RELATION TO ORDINANCE; PROVIDING RIGHT OF FIRST PURCHASE, RIGHT TO PURCHASE OR CONDEMN, LIMITATIONS OF COMPANY REMOVAL OF FACILITIES, TRANSPORTATION AND ' PROCUREMENT OF GAS BY CITY AND CURTAILMENT; PROVIDING CIVIL PENALTIES, FORECLOSUF.E, FORFEITURE AND TERMINATION AND OTHER LEGAL REMEDIES; PROVIDING NO WAIVER, RIGHTS OF SUCCESSORS AND ASSIGNS, REPRESENTATIVES AND NOTICES, SEVERABILITY, ENTIRE AGREEMENT, COMPANY APPROVAL, ANNEXATION TO THE CITY AND THIRD PARTIES; PROVIDING COMPLIANCE WITH CIT% CHARTER AND APPLICATION OF TERMS IN COMPETING FRANCHISES; AND PROVIDING AN EFFECTIVE DATE. Cochran motioned, Beasley seconded to adopt tie ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye', Durrance "aye', Kristoferson "aye', and Mayor Miller "aye', Nlotiun carried unanimo uly. 15. The Council considered a motion to authorize the holding of a City Council meeting J • , outside oFCity Hall. Cochran motioned, Burroughs seconded to approve holding a council meeting at the Radisson. On roll vote, Beasley"aye',Burroughs"aye",Cochran"aye', Durrance"aye', Kristoferson"aye", mid Mayor Miller"aye". Motion carried unanimously. _ � C l City of Denton City Council Minutes January 19, 1999 Page 11 16. Miscellaneous matters from the City Manager. City Manager Jez did not have ony items for Council 17, New Business A. Counci! Member Durrance requested moving consideration of traffic impact fees up on the work session schedule, 18. There was no continuation of Closed Meeting under Sections 551-071-551.085 of the Texas Open Meetings Act. 19. There was no official Action on Closed Meeting itanr heid under Section 351-071- 551.085 of the Texas Open Meetings Act. With no further business,the meeting was adjourned at 9:30 p.m. i JACK MILLER, MAYOR CITY OF DENTON,TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DFNTON, TEXAS t i t c, t I Cl rY OF DENTON CITY COUNCI1,MINUTES JANUARY 20, 1499 The Council convened into a joint meeting with the Denton Independent School District Board of Trustees on Wednesday, January 20, 1999 at 1100 noun at the Radisson hotel. PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Durrance and Kristoferson. ABSENT: Council Members Burroughs, Cochran and Young. I. Mayor Miller called the meeting to order and declared a quorum of the Council was present. 2 Presentation of Reading is Fundamental grant recipient-I1,Jge Elementary School, 1 Eva Poole, Director of Libraries, stated that Hodge Hementary School had been awarded a Reading is FunJamental Grant and that the school would be receiving free books. The Library had received the grant to participate in the program. 3. The Council received an update end held a discussion regarding legislative issues affMing the School District and the City. Betty Williams, Assistant to the City Manager, stated that electric deregulation wv the City's most important issue this legislative session. Lobbyists were in place as well as the TML Legislative Committee with resolutions regarding the issue. Ray Braswell, Superintendent of Schools, stated that the DISD and County would be sending a delegation to Austin concerning school issues. There were several proposed bills concerning school funding. Speciric issues centered on growth, t -naatahle entities, amount or dollars needed for special needs students and impact fees. Council Member Krisloferson asked if there was a specific strategy for Following these issues. Braswell stated that there was no specie. calendar but the District was going to be more risible in Austin. Williams Mated that the City would be participating on an as needed basis with issues concerning tpte City, P 4. The Council received a report regarding development activity in the City for 1998. I)ave Hill, Director of Plannirg and Detclopment, reviewed the information regarding doclopmen' activity as noted in the agenda materials. The biggest issues for development at �r [his point in time were trends in growth and timing. Mayor Pro Tem Beasley asked if the Flower Mound moratorium on building would affect Iknton. I Itll felt that Denton would not see any impact. C` U i I City of Denton City Council Minutes January 20, 1499 x Page 2 Mayor Pro Tem Beasley asked if the projected build-out of Corinth in five years would affect Denton as it was in the DISD. Hill stated that the growth in Corinth was a%, a concern at this point in time. Denton was not limited in its ability to grow as Corinth was. Denton had its north and west boundaries for growth areas. S. The Council received a report regarding future bond issues for the School District and the City Ray Braswell, Superinlendent of Schools,reviewed the operational plan for the DISD as noted in the handout attached to the agenda materials, The DISD would probably behaving a September bond election. If Kathy DuBose, Assistant City Manager for Finance, staled that the City would be having a January 2000 bond election, The DISD and Council agreed that the next joint meeting would be April 21, 1449 and would probably be a hal f day meeting. With no further business,the meeting was adjouroed at 1;10 p.m. 1 JACK MILLER, M.1YOR CITY OF DENTON,TEXAS JENNIFER WALTERS CITY SECRETARY CI7 Y OF DENTON,TEXAS c t f I CITY OF DENTON CITY COUNCIL MINUTES January 26, 1999 After determining that a quonun was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, January 26, 1999 at 5:15 p.m. in the Council Work Session Room at City If all, PRESENT: Mayor Pro Tern Beasley; Council Members Bunoughs, Cochran, Durrance, Kristoferson and Young. ABSENT: Mayor Miller r 1. The Council considered the following in Closed Meeting: A. Conference with Employees — Under TEX. GOV'T. CODE Sec. 551.075. The Council nxeived information from employees during a staff conference or briefing, but did not deliberate during the conference. B. Consultation with Altomey—Under TEX.GOVT,CODE Sec. 551.071 i i. Received briefing from attomey in litigatir.n styled Cassie Dean Johnson, Adraimstratrix of the Estate of Aaron T. McCoy. Debra Vontel McCoy, Individually, and James Edward McCoy, Individually and Cassie Dean Johnson, Individually and as Administratrtr of the Estate of Frederick J. Johnson v. City of Denton, Case No. PR-94-458-01 filed in the Probate Court, Denton County, and considered and discussed status and possible scttlemcnl authority. The Council convened into a Work Session on Tuesday, January 26, 1999 at 6:00 p.m. in the Council Work Session Room at City Nall. PRESENT: Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: Mayor Miller I. The Council received a report and held a discussion regarding a report by the Denton Central Appraisal District(DCAD)on the role of DCAD. Bill Giese, member of the Board of Directors, gave a report on the role of the Denton Central Appraisal District. Ile slated that DCAD's objective was to estimate market value of property for ad valorem tax purposes. The ultimate goal was to appraise proi:edy at 1000/c of market value. A primary element of the objective was to promulgate an appraisal program that was fair to the property owner, the payer orthe taxes, the taxing jurisdictions, and the recipient of tax revenues, tic stated that the Appraisal District would try to make the preliminary roll available on a weekly basis. A 2. The Council received a report, held a discussion, and gave staff direction regarding proposed amendments to the Zoning CeJe, Subdivision Regulations,and Development Review Fee Schedule for the purpose or improving public hearing notification procedures for zoning changes and amendments, annexations, variances,zoning appeals,and special exceptions. c I City of Denton City Council Minutes January 26, 1999 Page 2 Dave Hill, Director of Planning and D;vclopment, stated that during the September 22nd Work SeSSIOn, Council had approved the implementation of the following public hearing notification procedures: The legal notice of public hearings would be published in the local newspaper as permitted by state law. The State required a 200-foot legal notice to be delivered visa certified mail. Courtesy notices would be delivered to residents/occupants located within 50C feet of a public hearing property via first class mail. Core-tex signs would be installed, using only two different sign copies - Zoning Change Requested and Variance Requested. The Planning and Zoning Commission and the City Council were now being asked to consider two ordirances that would amend city zoning regulations and subdivision regulations. Hill stated that staff recommended approval of the ordinances, in association with the proposed fee schedule revisions needed to cover the costs of the new notice requirements. The Council advised staff to proceed with their recommendations. 3. The Council received a report and gave staff direction regarding the 1999-2000 budget calendar. Jon Fortune,Director of Management and Budget,reviewed the 1999.2000 operating budget calendar. tie asked the Council to reserve the dales of August 12 and 13 for a budget workshop. 4. The Council received a report and gave r'aff direction regarding the 1999.2000 City Council budget priority questionnaire. Jon Fortune, Director of Management and Budget, stated that the 1499-2000 budget priority questionnaire would be delivered to the Council on January 27 and asked that they be returned to him at the February 2nd Council meeting. 5. The Council received a report, held a discussion, and gave staff direction regarding the adoption of an ordinance ordering an elation to be held on May 1, 1999 in conjunction with the regular City Council election for the purpose of submitting amendments to the Denton City Charter regarding sale and alienation of portions of public utilities, creating new utilities, qualifications of candidates for elections,procedures for hoidinr;elections,franchise charges, procedure for adopting a budget, correcting references to applicab!e laws, expansion of the Board of Adjustment and Public Utilities Board to seven members,removal of Parks Board from the City Charter,providing notice of claim procedures in compliance with stale law, eliminating planning commission recommendations on sales and purchases of property and on utility capital improvements; and providing that the Charter shall be gender neutral;designating the place of holding such an election; naming the officers thereof; prescribing the form of ballot; providing for notice; providing a severabil;ty clause;and providing an effective date. Herb Prouty, City Attorney,stated that this ordinance would order an elation to be held on May 1, 1999 in conjunction wilh 11re regular City Council elation for the purpose of amending the City 6 Charter. tie reviewed each amendment and asked for conscisus of Council as to whether or not to include it on the ballot. Amendment One - Council Member Burroughs and Young indicated that they wanted this amendment on the ballot; Durance, Cochran, Beasley, and Kristoferson did not want this amendment on the ballot. j t• I j City of Denton City Council Minutes January 26, 1999 Page 3 Amendment Two-Council agreed to place on the ballot. Amendment Three-Council agreed to put this amendment on the ballot with a wording change"all witnesses known at the time', I P.mendment Four-Council agreed to pat this amendment on the ballot. Amendment Five-Council agreed not to put this amendment on the ballot. Amendments Six—Ten-Council agreed to put these amendments on the ballot to make the Charter consistent with the election code. l Amendment Eleven — Council agreed to place this amendment on the ballot to establish the Municipal Court No. t as a municipal court of record. i Amendment Twelve—Consensus of Council was to place this amendment on the ballot in order to delete this section out of the Chimer. Amendments Thirteen—Twenty—Council agreed to place these amendments on the ballot. Amendments Twenty-One — Twenty-Nine — Council agreed to place these amendments on the ballot. With no further business,the meeting was adjourned at 9:00 p.m. i RON1 BEASLEY,MAYOR PRO TEM CITY OF DENTON,TEXAS ! JENNIFER WALTERS CITY SECRETARY CITY OF DENTON,TEXAS I i i A= , i j i f Wo�— AGENDA INFORMATION SHEET AGENDA DATE: June 15, 1999 DEPARTMENT: City Manager's Office CM: Michael W. Jer,City Manager II i I SUBJECT Consider a request for an Exception to the Noise Ordinance for the Second Annual Denton Blues Festival at Civic Center Park on September 18, 1999 hosted by the Denton Black Chamber of Commerce from 10:00 p.m. until Midnight. I B4CKGI24�N� 'Ihc Denton Black Chamber of Commerce is sponsoring the Second Annual Denton I Blues Festival, The event Hill showcase national and local blues musicians. The event is on September 18, 1999 from Noon to 11:00 p.m. The First Annual Donlon Blues Festival was head on August 22, 1998 at the Civic Center Park. This event did not require an Exception to the Noise Ordinance. Also according to police records, there were no complaints in reference to the noise level. As you know, the noise ordinancc declares loudspeakers, amplifiers, and musical instruments a noise nuisance, particularly after 10:00 p.m. Monday through Saturday and anytime on Sunday(Attachment 3). The ordinance does, however, provide that the City Council may make exceptions when the public Interest is served. The organisers have been informed that should Council approve this request,responsible use of amplified sound is still required by Section 20.1 of the City of Denton Code of Ordinances. In particular,Section 20.1(a)states: It shall be unlawful for any person to make or cause any turn tsonahly loud, disturbing, unnecessary noise which causes or may cause maicrial distress, discomfort or Injury to persons of ordinary sensibilities in the immediate ..� vicinity thereof. r I 4i Black Chamber of Commerce Denton Blues Festival Noise Exception September I8, 1499 Page 2 EMB ACTION EVIE_W(Council Bonds ommtsaionsl None. FISCAL INFORMATION None, Respectfully Submitted: Rodney itchell Management Assistant Attachments: I, Request from John Baines 2. Map of the area I Noise Ordinance i 2 r w�Y 1 c' _ I DENTON Kp1! fTiQCitL C6 mw w of Cmwwce Peat 1Jftloa Bow attl2e•Daman,Tiaas 7t140a (10)383-,24 kACK pYdNtII sI EpllllCt� May 13, 1994 City of Denton City Council 215 E.McKinney Denton,TX 76201 City Council Members: The second annual Denton Blues Festival is scheduled to take place In Civic Center Park on Saturday,September 10, 1999.The Denton Black Chamber of Commerce will again sponsor the festival showcasing the talents of national and local blues musicians. The one-day event is scheduled to begin at 11:00 noon and end at 1 1;00 p.m.. The Black Chamber is requesting aw xception to the noise ordinance until midnight for the use of amplified sound In Civic Center Park to accommodate this event. We welcome the opportunity to support the Denton Blues Festival end continued celebration of the arts In our city. , Sincercfy, Jo n Baines Pr 9[dent,Denton Black Chamber of Commerce cc: Linda Ratliff,Director,Economic Development 3 WITHERS t 4 U.t .1 G ` o WOMEN' BUILDINO CONGRESS 0° sE. U8Ri1RY l3cp ' ORA1NhGE CMC CENTER d CITY HALL C� r IL DI f 0 a uctuN i l ' r Chapter 20 N'uiSANCES• Art. I. In General, 1120.1-20-30 Art, 11. Abandoned Properly, 11 2031-20.70 Div. 1. Generally, 11 20-31•-20.40 Div. 2. Mntor Vehicles. 1120.41-20.70 Art. III. Grass and Weeds, 1120-71-20-73 j ARTICLE 1. IN GENERAL Sec. 20•l. Noise. Is) it shall be unlewful for any person to make or cause any unreasonably loud, disturbing, unnecessary raise which causes or may cause materiel distress, discomfort or Injury to persons of ordinary sensibilities in the Immediate vicinity thereof. (b) It shall be unlrwful for any person to make or cause any noise of ouch character, Intensity and continued duration as to substantially Interrere with the comfortable enjoyment of priv ate homes by persons of ordinary sensibilities. (c) The following acts,among others,are declared to be noise nu'.antes in vloleticn of this Code,but such enumeration shell not be deemed to be exclusive: (1) The playing of any phonograph, television,radio or any musical Instrument in such manner or with such volume,particularly between the hours of 10:00 p.m, and 7,00 a.m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary sensibilities in any dwelling,hotel or other type or residence; (2) The use of any stationary loudspeaker, amplifier me musical Instrument In such manner or with such volume as to annoy or disturb persons of ordinary sensibilities In the Immediate vicinity thereor, particularly between the hours of 10:00 p.m. and 7:00 a.m., or the operation of such loudspeaker, amplifier or musical instrument at any time on Sunday, provided, however, that the city council may make exceptions upon application when the public inlcreet will be nerved thereby; (3) The blowing of r ny steam whistle attached to tiny stationary boiler or the blowing or any other loud or far-reaching steam whistle within the 0y limits, except 10 give notice of the time to be;(n or stop work ar as a warning of Langer; (4) The erection, excavation, demolition, niterstion, or repair work on any building at anytime other than between the houia of 6:00 a.m. and 8:30 p.m. Monday through i Friday from dune 1 to September 30; between 7:00 a.m. and 8:30 p.m. Monday A through Friday fn•m October l to May 31; between 8:00 a.m. and 8:30 p.m. on ! 'Cron refere nee s—Pro(Med mlgr.tory bird roosts declared nuisance, 16.87, Inspec• tion and abatement warrants, 119-86 a seq.;insect and rodent control In mobile home and recreational vehicle parks, 132-91. aupp No s 1389 5 1 ' c t; 1 i sua utarri oN FUME 9alurvly;and Lataeert 1:00 p.lo.aiut 8:90 P.M.oil 9uuJ+sy;I,roYhlod,lwrrovnr Ihal lha tad ma laaua Il+ocial purndla for such Mack at ullwr bouts In caw of urgoat CRY nn I y r I uee. r Ills!1 nful atul ! UI l Y ,1 e of w y occuaally and hl flay Isle aal I l61 will ereallun or any will of u� mlingtor dlttruction of baits. oxes,�crote/ or unlimdtnK of any Yiltle cmdakw o; (0) Ilia una of any drum,luttdapwker Of otl+ar Inetru+naut or dovko fur the purlw+la of our ltlloe otle itioun by Ul# ennliwi or nekea to any IarWrtunace, xho% ll+enlre, n+al lun picluro lu**.iota of trnrcl+andlaa or dialJc v width eaula ctriwJa or 1 'llla lu LhKk ec ca+etgal. ulnwr lIto oldewllIk1 or SIroela,+ear ur mijacaut lhet eta. fC�cla 1000,ii 14.10, 14.91;Ord. No. Do.184, I I,D•l9.961 l'ru�n eafeconco—Anlmel nuieo,i 040. I r e t 6 I � 4 AWAS el llnm (9 oau �✓�°99 � � � AGENDA INFORMATION SHEET I AGENDA DATE: June 15, 1999 DEPARTMENT: City Manager's Office CM: Michael W. Jez,City Manager SUBJECT Consider a request for an Exception to the Noise Ordinance for the 4'v of July Pirnlc In the Park at South Lakes Park on Sunday, July 4, 1999 hosted by the Lindsey Street Assembly of God from 12:30 p.m. until 4:30 p.m. BACKGROUND The Lindsey Street Assembly of God is hosting their 4`" of July Pic-nic in the Park at South Lakes Park, During the event, there will be performances from Southern Gospel/ Contemporary Gospel groups will perform. The event is on Sunday, July 4, 1999 from 12:30 p.m. to 4.30 p.m. As you know,the noise ordinance declares loudspeakers,amplifiers,and musical Instruments a noise nuisance, particularly after t0:00 p.m, Monday through Saturday and anytime on Sunday(Attachment 3). The ordinance does,however, provide that the City Council may make exceptions when the public interest 1s served. The organizers have been informed that should Council approve this request,responsible use of amplified sound is still required Ly Section 20-1 of the City of Denton Code of Ordinances. In l)articular, Section 20-1(a)stales: It shall be unlawful for any person to make or cause any unreasonably loud, disturbing,unnecessary noise uhlch causes or may cause material distress, discomfort or injury to persons of ordinary sensibilities In the immediate vicinity tnercoc, r� t I t Lindsey Street Assembly of God 40'of July Pic-nic in the Park Noise Exception July 4, 199.^• Page 2 PRIOR ACTION/REYIEW(Council.Boards.Commleaiooal None. FISCAL INFORMATION None, Resprafully--Submitted: '' odnc Mitchell Management Assistant Attach rents: 1. Request from John Yeatts 2. Map of the area 3. Noise Ordhume 2 i C' i- i may/ t W LINDSEY STREET ASSEMBLY OF GOD 1310 Lindsey 5t Denton,Texas 76203 ; (940)382.3246 Fax(940)387-6699 Pastor J^hn Yeatts PeoPA, o` T�r CcreNG'�� I A& dwV out ZIA �'t' ���'NIt 12%3opM le y �G/n e� � / ►�e�'�/_K/y4 xyu&,&r 4r A.sto J a lire s,4u z4- �ced ,FU 1.L .rso At /4,.f, 6"'Z� I t r 3 ar rea 300 0 300 800 Fee! 1 South Likes P � � f n moor n 8 rans ortal+on 0 Juno 9 1999 r1 . lC3ri[Jl3rlUERRT nri - tI ) rill I� I{� IdII ! i � I rl � 2 f VtV i I ril CIIASEWDUS ill II I I II l �I �' ' i I I :II I : i l 1 gl rl l �I { C' 1 L � I� � JI ) 'I i' ' tj r, t I South Lakes Park YIIR1l4EV" I I 1 SANDPW R r t I I 1 I I t ' APE'L I {p{p ' [I: '�� I' �, �, `-�•, ��V PROYIDENCI F ho I Ilnpsrp� � O r '1 t i Chapter 20 NUISANCES$ Art. 1. In General,if 20.1-20.30 Art. 1[, Abandoned Property,it 90.31-20.70 Div. 1. Generally, if 2431-20.10 Div. 2. Motor Vehklee,If 2041-2470 Art. Ill. Grass and Weeds, M 20.71-20.73 ArtTICLE 1. IN GENERAL i See. 20.1. Nolee. (a) It shall be unlawful for any person to make or cause any unreasonably lcud, disturbing, unnecessary noise which causes or may cause material distress, discomfort or Injury to persons of ordinary sensibilities In the Immediate vicinity thereof. (b) It shall be unlawful for any person to make or cu•+e any noise of such charector. Intensity and continued duration to toeubetsnllally lnterrer.,with the comrortsble enjoyment *(private homes by persons of ordinary senslbilitles. . i (c) The foltrwing§eta,among others,are declared to be noise nuteonces In violation of thla Code,but such enumeration shall not be deemed to be esclualve; (1) The playing orany phonograph, lelev1slon, redlo or any musical Instrument In such manner or with such volume,particularly between the hours of 10:00 p.m.and 7x00 a.m., a to annoy or disturb the quiet, comfort or repose of persons of ordinary sensibilities In any dwelling,Bate) or other type or realdence; (2) The use of any stationary loudspeaker, amplMor or musical Instrument In such manner or with such volume a to annoy car disturb persons of ordinary sensibilities In the Immediate vkinity thereof,pertkulariy between the hours of 10;00 p.m, and 7,00 a.m., or the operation of such loudspeaker, amplifier or musical Instrument at \ any time on Sunday',provided, however, that the city council may make exceptions upon application when the public Interest will be served thereby; (3) The blowing of any steam whistle attached to any stationery boiler or the blowing of any other loud or for-reaching steam whistle within the city Ilmits, except to 10e notice of the time to begin or stop work or as a warning of danger; (I) The erection, excavation, demolition, alteration, or repair work on any building at anytime other then between the hours of 0;00 a.m, and 8:30 p.m. Monday through , Friday from June I to September 30; betvleen 7;00 a.m. and 8,30 p.m. Monday through Friday from October I to May 31; Wwesn 6:90 a.m, and 0,30 p,m. on I r 'Cross references--Protected migratory bird rocelx declared nulsonce, 1 6.87; Inspec- tion end abatement warrants, 119-86 it seq 0Ineect anal rodent control In mobile home and recreational vehicle perks, 132-91, sop',No.4 1389 ' I r i I 120-1 Uf:N'1oN 11UUl3 Snturday;teed betwccll 1:01110,111.Mill 0:30 Is.in.oil Smoday;lnorlded,bow Ivlx(I lot Uw city tounell play leeu a elrctlal permits for suclr work at other boots In coeu of ter jent limullally sad (n (lit In let tek of louts ueraly Belli convelllenec. Ili► '1'-:6 ttcetivlt of tiny lvud rind eecteeive ualeo ht cuulieclion will, ilia luodiur ar unhDndinr or any vehicle or Lila ulmni g or deetructiorr of bnloe, Witte, crates ur cutdabiera; (O1 'mv uno orany drum,lundepoaker or other Inetrumand or dovlce rur the ptlriKno or D atboclbid al(c illutl by it a creation of flailed to oily parrurmolite, 11ioty, the"Ire, ooAimt ldctura huuas,laid oraiorclioodieo ur diolday w l#lcli causer ctowde or peoplo to bhKk or congregate aluut rho aldowelke or etreole letter or a.lJaceot tirneeto. llJuda Illr4,11 14-20, 14.41;Ord. No.00•I114, 1 I, 0.17.401 L'roee tcrctonce—Ardiva:touter, l 0•'lU, I . i I J . { / I 6 c• t . l�ptltbe No. A9tMIds<I AGENDA INFORMATION SHEET t► AGENDA DATE: June 15, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Purchasing to Cary Tower 349.9423 ACM: Kathy Dulkse,Fiscal and Municipal Services SU BJ ECTs I AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR CONSTRUCTION OF THE NEW FLEET MAINTENANCE FACILITY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND FROVIDINO AN EFFECIIVE DATE (BID 2361 — FLEET MAINTENANCE FACILITY AWARDED TO RATCLIFF CONSTRI1CfORS,INC, IN THE AMOUNT OF S1,999,650). BACKGROUND: (See attached Tabulation Sheet) RECOMMEND TION, We recommend approval of the bid and award of i contract to the lowest bidder, Ratcliff Constructors,Inc, In the amount of S1,998,650. ESTIMATED SCHEDIILF OF PR01ECTs This project is estimated to require 240 workdays to complete. We expect completion in April of 2000. PRIOR ACTION/ FV1E%J'(Council.Boards.Commisslonsls A presentation on the project was made to the Public Utility Board on June 7, 1999. FISCAL INFOR.1IIATIONs This project will be financed from 20-year General Obligation Bond funds. The 1999 bond sale included $2.5 million to fur.d the design, construction, equipment and site preparation cost associated with this new fleet maintenance facility, i I I - BID INIF RMATION: This bid is for the construction ors fleet maintenance facility. it will be located in the Southeast section of the Service Center Complex on'Texas Street. Construction of a new tchicle maintenance facility will address several operational and safety needs identified In various studies, 'The 1993 Fleet Services Division review by David M. Griffith i Identified several deficiencies in the existing facility, to include Inadequate space, the lank of s �' c sufficient floor hoisu, the lack of pi% inadequate lighting and poor ventilation and minimal (1 insulation. Ilse study recommended that a new facility be designed end constructed. The 1997 tJtilities Management Study identified limitations ott bay size,lack of enough lifts and the lock of any below-floor maintenance pits. The study also stated safety concerns about poor venhlstion, insulation and substandard lighting. the proposed new vehicle maintenance facility addresses all of these concerns. 1 k t, t, i 4i AGE';DA INFORMATION SHEET k JUNE 15, 1999 PAGE20F2 RID INFORMATION WONT1 1R s The new facility will be approximately 24,000-square feet In size and include 13 service bays, plus office space for the Fleet Services staff and an office for a Fire Department mechanic.This facility will provide several improvements over the existing 30+ year old garage. Some of the more important operational improvements include: • improvements in preventative maintenance. The addition of pica will allow the garage to accomplish regular maintenance service(oil and filter changes,etc.)and this will provide the Fleet Services staff with a better capability to inspect and Identify mina problems before they become costly,major repairs. The ability to service very large vehicles (Solid Waste/Fire Department) Wide the gauge facility, Currently,these vehicles have to be serviced outside of the facility due to physical space limitations. • An increase in the number of service bays from g to 15. This will allow the mechanics to service vehicles in other bays white vehicles are down awaiting parts. This will reduce the time equipment is out of service. • A larger pare department.Several parts that now must be ordered can be maintained in stock, this will also reduce the turn wound time for equipment repairs. a A safer working environment The current cramped working areas and temperature extremes Increase the chance for accident'. a A garage design that will allow easy expansion to meet future growth. The wall at the end of the facility can be removed to add a4ditional bays when needed. a Con ipliance with current and projected TNRCC and EPA regulations. Respectfully submitted: ` Tom Shaw,C.P.M ,349.7100 ` Purchasing Agent Attachment L Tabulation Sheet 12IJ A6tNDA �/ `r Z � j u ATTACHMENT TABULATION SHEET Bid #: Date: 5/20199 MAINTENANCE FACILITY No --DESCRIPTION VENDOR I VENDOR VENDOR VKN-56R Ratclift ConatNCtont JRJ DBR Sedafoo, Inc. Inc. Construction TOTAL 810 AWARD F1,996,650 $2,385,000 $2,403,140 $2,616,000 COMPLETION DAYS 240 Days 300 Days 2i Days 210 Days A# � 3 c i ORDINANCE NO._. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR CONSTRUCTION OF THE NEW FLEET MAINTENANCE FACILITY; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2361 — FLEET MAINTENANCE FACILITY AWARDED TO RATCLIFF CONSTRUCTORS,INC. IN THE AMOUNT OF S1,998,650). WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements In accordance with the procedures of STATE law and City ordinances;and WHEREAS,the City Manager or a designated employee has received and recommended that the herein described bids are the lowest tesponsible 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, t. 'That the following competitive bids for the construction of public works or Improvements,as described in the "Bid Invitations","Bid Proposals" or plans and specifications on rile in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NjMBE g CONTRACTOR AMOUN 2361 RATCLIFF CONSTRUCTORS, INC. S1,998,650 i SECTION 11. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or Improvements herein accepted and approved,until such person shall comply with all requirements specified in the Notice to Bidders Including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the lid. ffL'jQ III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works of improvements in acconlance with the bids accepted and approved herein,provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals,and documents relating thereto specifying the term+, conditions,plans and specifications, standards, quantities and specified sums contained therein. /�r I 4 o I c. I That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein,the City Council hereby authorizes the expenditure of funds in the manner and In the amount as specified in such approved bids and authorized contracts executed purruant thereto. SJiC 1) Y• That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of_ 1997 JACK MILLER, MAYOR ATTEST, JENNIFER WALTERS,CITY SECRETARY BY: , APPROVED AS TO LEGAL FORM: HERBERT L. PROMY,CITY ATTORNEY 1 BY: BID 2361-CONTRACTUAL ORDINANCE 1 Or� f s 1 • , t t. AW40 N0 AGENDA INFORMATION SHEET D b AGENDA DATEi June 15, 109 Questions concerning this acquisition maybe directed DEPARTMENTt Purchasing to Ross Chadwick 349.8101 ACM: Kathy DuSos-.F,scal and Municipal Services %UBJ . .Tt AN ORDINANCE AUTHORIZING, THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH CALVERT AND COMPANY ARCHITECTS TO PROVIDE PROFESSIONAL ARCHITECTURAL SERVICES FOR THE RENOVATION OF CENTRAL FIRE STATION AND RELATED SERVICES AS SET FORTH IN THE CONTRACT; PROVIDING FOR 111E EXPENDITURE OF FUNDS TIIEREFOR; AND PROVIDING AN EFFECTIVE DATE (PROFESSIONAL SERVICES AGREEMENT (PSA) 2375 — RENOVATION OF CENTRAL FIRE STATION AND RELATED SERVICES AWARDED TO CALVERT AND COMPANY ARCHITECTS IN TILE AMOUNT OF $56,500). BACKGROUND: During the 199899 budget development the Council authorized funds for the Renovation of Central Fire Station. Phase I reconstruction of the bey area and outside approach is currently underway and Phase 11 will be the renovation of the dormitory and administration area. Several months ago Fire Department staff began a selection process for professional architectural services. They are recommending Calvert and Company Architects based upon their qualifications and experience in Tire station design. Calvert and Company Architects designed Stations 5, 6 and 7 in Carrollton, as well as stations in Duncanville, Grapevine, Farmers branch and CoppelL RECOMMENDATION: We recommend this contract be awarded to Calvert and Company Architects in the amount of $56,500. FaTISIATED SCHEDULE OF PROJECTt ` Construction documents are scheduled for completion in six weeks aft f an order is received.The construction administration phase is estimated for completion within 2$ weeks. FISCAL INFORMATION: Funds for this project are available from bond fund account number(460-060-F1RE•9864.9101), PROFESSIONAL.SER1'ICESAGREE,JENTINFORMATIQh; PSA 2315 is for professional architectural services related to the Renovation of Central Fire Station Project. Calvert and Company Architects will implement the design phase, the development of constniction documents, assist in the bid process and oversee the actual construction. The contract for architectural services will not exceed$56,500. E ' 0 I U i AGENDA 1NFORMA7110N SHEET JUNE 15.1999 PAOE2OF2 Respectfully submitted: Cam. Tom S1uw,C.P.M.,349.7100 Purchasing Agent uu.ear�+o� r 1 41 t ' ;r\ 4 n � I ORDINANCE N0, A,N ORDINANCE AU'I•HORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH CALVERT AND COMPANY ARCHITECTS TO PROVIDE PROFESSIONAL ARCHITECTURAL SERVICES FOR THE RENOVATION OF CENTRAL FIRE STATION AND RELATED SERVICES AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (PROFESSIONAL SERVICES AGREEMENTS (PSA) 2315 — RENOVATION OF CENTRAL FIRE STATION AND RELATED SERVICES AWARDED TO CALVERT AND COMPANY ARCHITECTS IN THE AMOUNT OF $56,500). THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION]. That the City Manager is hereby authorized to enter into a professional Service contract with Calvert and Company Architects for the design of the Renovation of Central Fire Station,a copy of which is attached hereto and incorporated by reference herein. SECTION ION 1 . That the City Manager is authorized to expend funds as required by the allached contract. SECT109M. That this ordinance &hall become effective immediately upon its passage and approval PASSED AND APPROVED this the day of 09" JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: i APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY i BY: ,At; u BID 2)71-CONTRAMAL Fort PROFESSIONALSERVICES.ORDINANCE • a �r' 3 k t: c� i AGREEMENT FOR ARCHITECTURAL SERVICES This Agreement made as of the _day of , 1994 between the City of Denton. Texas.hereinafter referred to as "Owner". and Lumt_t Ib kXMteets . hereinafter referred to as "Architect" for the following Project: aMv.tsnn of erantrtl fire Station The Owner and Architect agree as set forth below. ARTICLE I ARCHITECT'S RESPONSIBILITIES 1.1 ARCHITECT'S SERVICES 1.1.1 The architect's services consist of those senices performed by the Architect. Architect's employees and architect's consultants as enumerated in Articles 2 and 3 of this Agreement and any other services included in article l i. 3 1.1.2 The Architect's services shall be performed as expeditiously as is consistent with the highest degree of professional skill and can and the orderly progress of the Wo& Upon request of the Owner, the architect 1 submit for the Owner's approval a schedule for the performance of the architect's services t, :h may be adjusted as the Project proceeds. and shall include allow. antes for periods of time required for the Owner's review and ?or approval of submissions by authorities having jurisdiction over the Project, Time limits :stablished by this schedule and approved by the Owner shall nor. except for reasonable cause. be exceeded by the Architect or a Owner, and any adjustments to this schedule shall be mutually acceptabie to both parties. 1.1.3 The services covered by this agreement are subject to the rime litnitations contained in Subparagraph 10,4.1. ARTICLE 2 SCOPE OF ARCHITECT'S BASIC SERVICES 2.1 DEFINITION 2.1.1 The architect's Basic Services consist of those described in Paragmphs 12 through 2.6 rr and any other services identified in article I I as par, of Basic Services, and include without limi• tation normal structural. mechanical and electrical engineering senices and any other engineering services necessary to produce a complete and accurate set of Construction Documents. as described by and required in Paragraph A. { 4 J c t t. r 2.2 SCHEMATIC DESIGN PHASE 2.2.1 The Architect, in consultation with the Owner, shall develop a written program for the Project to ascertain Owner's needs and to establish the requirements for the Project. j 2.2.2 The Architect shall provide a preliminary evaluation of the Owmee, program, construction schedule and construction budget requirements, each in terns of the other, subject to the limitations set forth in Subparagraph 5.2.1. 2.2.3 The Architect shall review with the Owner alternative approaches to design and construction of the Project. 2.2.4 Based on the mutually agreed-upon program, schedule and construction budget requirements,the Architect shall prepare,for approval by the Owner.Schematic Design Documents consisting of drawings and other documents illustrating the scale and ret.tionship of Project components, The Schematic Design shall contemplate compliance with all applicable laws, statutes,ordinances,codes and regulations, 2.2.5 The Architect shall submit to the Owner a preliminary detailed estimate of Construction Cost based on current area, volume or other unit costs and which indicates the cost of each category of work Involved in constructing the Project and establishes an elapsed time factor for the period of time from the commencement to the completion of construction. 2.3 DESIGN DEVELOPMENT PHASE 23.1 Based on the approved Schematic Design Documents and any adjustments authorized by the Owner in the program, schedule or construction budget. the Architect shall prepare rot approval by the Owner, Design Development Documents consisting of drawings and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials and such other elements as may be appropriate,which shall comply with all applicable laws,statutes, ordinances, codes and regulations. Notwithstrnding Owners approval of the documents, Architect warrants that the Documents and specifications will be sufficient and adequate to fulfill the purposes of the Project. • 23.2 The Architect shall advise the Owner of any adjustments to the preliminary estimate of Construction Cost in a further Detailed Statement as described in Paragraph 2.2.5. I 2.4 CONSTRUCTION DOCUMENTS PHASE 2.4.1 Based on the approved Design Development Documents and any fii then adjustments +in the scope or quality of the Project or in the construction budget authorized by the Owner,the Ar- chitect shall prepare, for approval by the Owner,Construction Documents consisting of Drawings and Specifications setting forth in detail requirements for the construction of the Project, which shall comply with all applicable laws,statutes,ordinances,codes and regulations. S j i I � l U i I i i I 2.4.2 The Architect shall assist the Owner in the preparation of the necessary bidding information,bidding forms, the Conditions of the contract,and the form of Agreement between the Owner and contractor. 2.43 The Architect shall advise the Owner of any adjustments to previous preliminary estimates of Construction Cast indicated by changes in requirements or general market conditions. 2.4.4 The Architect shall assist the Owner In connection with the Owners responsibility for filing documents required for the approval of governmental authorities having jurisdiction over the Project. 2.5 BIDDING 2.5.1 The Architec4 following the Owners approval of the Construction Documents and of the latest preliminary detailed estimate of Construction Cost, shall assist the Owner in obtaining bids and assist in awarding and preparing contracts for construction. 2.5.2 If the lowest bid for the construction of the Project,--iceeds the total construction cost of the Project as set forth in the approved Detailed Statement of Probable Construction Costs of the Project submitted by the Architect, then the Architect, at is sole cost and expense,will revise the Construction Documents as may be required by the City to reduce or modify the quantity or quality of the work so that the total construction cost of the Project will not exceed the total construction cost set forth in the approved Detailed Statement of Probable Construction Coats. 2.6 CONSTRUCTION PHASE • ADMINISTRATION OF THE CONSTRUCTION CONTRACT 2.6.1 The Architect's responsibility to provtie Basic Sertices for the Construction Phase under this Agreement commences with the award of the Contract for Construction and terminates at the issuance to the Owner of the final Certificate for Payment, unless extended under the tercets of Subparagraph 93.2, 2A.2 The Architect shall provide detailed administration of the Contract for Construction as set forth below and in the edition of AIA document A201, General Conditions of the Conbul for Construction, current as of the date of this Agreement. unless utherwise provid;d in this Agreement. 2.6.3 Construction Phase duties, responsib'.hties and limitations of authority of the Architect shall not be re micted,mMified or extended Without written agreement of the Owner and Architect. 2.6.4 The Architect shall be a representative of and shall advise and consult with the Owner (I)during construction and (2) at the Owners direction From time to lime doing the correction,or warraety period described in the Contract for Construction. The Architect shall have authority to b ` c t� act on behalf of the Owner only to the extent provided in this Agreement unless otherwise modified by written instrument. 2.6.5 The Architect shall inspect the construction site at least two times a week, regardless of whether construction is in progress, to become familiar with the progress and quality of the Work completed and to determine if the Work is being performed in a manner indicating that the Work when completed will be in accordance with the Contract Documents. Architect shall provide Owner a written report subsequent to each on-site visit. On the basis of on-site observations as art architect,the Architect shall keep the Owner informed of the progress and quality of the Work, and shall exercise the utmost care and diligence in discovering and promptly reporting to the Owner any defects or deficiencies in the work of Contractor or any subcontractor. The Architect represents that he will follow the highest professional standards in performing all services under this Agreement. The Architect shall promptly correct any defective designs or specifications thmished by the Architect at no cost to the Owner. The Owner's approval. acceptance, use of or payment for all or any pan of the Architects services hereunder or of the Project itself shall in no way alter the Architect's obligations or the Owner's rights hereunder. 2.6.6 The Architect shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs In connection with the Work. The Architect shall not be responsible for the Contractor's schedules or failure to carry out the Work In accordance with the Contract Documents except insofar as such failure may result from Architect's negligent acts or omissions. The Architect shall not have control over or charge of acts or omissions of the Contractor, Subcontractors, or their agents or employees.or of any other persons performing portions of the Work. 2.6.7 The Architect shall at all times have access to the Stork wherever it is in preparadon or progress, 2.6.8 Except as may otherwise be provided in the Contract Document; or when direct communications have been specially authorized, the Owner and Contractor sh.il communicate through the Architect. Communications by and with the Architect's consultants shall be through the Architect. 2.6.9 Bascd on the Architect's observations at the site of the work and evaluadoru of the Contractor's Applications for Payment, the Architect shad review and certify the amounts due the Contractor. 2.6.10 The Architect's certification for payment shall constitute a representation to the r Owner, based on the Architect's observations at the site as prodded in Subparagraph 2.63 and on ! e the data comprising the Contractor's Application for Payment.that the Work has ptogressed to the + (J;-` t' point indicated and that the quality of the Work is in accordance with the Contort Documents. The foregcing representations are subject to minor deviations from the contract Documents eormtrble prior to completion and to specific qualifications expressed by the Architect. The issuance of a Certificate for Payment shall further constitute a representation that the Contractor is endued to �k I 7 C I payment in the amount certified. However, the issuance of a Certificate for Payment shall not be a representation that the Architect has(1)reviewed construction means, methods, techniques, sequen- ces or procedures, or (2) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. 2.6.11 The Architect shall have the responsibility and authority to reject Work which does not conform to the Contract Documents. Whenever the Architect considers it necessary or advisable for implementation of the intent of the Contract Documents, the Architect will have additional inspection or testing of the Work in accordance with the provisions authority to require p tY l� B of the Contract Documents, whether or not such Work is fabricateJ, installed or completed. However, neither this authority of the Architect nor a decision made in good faith either to exercise or not exercise such authority shall give rise to a duty or responsibility of the Architect to the f Contractor, Subcontractors, material and equipment suppliers, their agents or employees or other persons performing portions of the Work. 2.6.12 The Architect shall review and approve or take other appropriate action upon Contrectoes submittals such as Shop Drawings, Product Data and Samples for the purpose of(1) determining compliance with applicable laws, statutes, ordinances and codes; and (2) determining whether or not the Work, when completed, will be in compliance with the requirements of the Contract Doctrnenn The Architect shall act with such reasonable promptness to cause no delay in the Work or in the ;onstruction of the Owner or of separate contractors, while allowing sufficient time in the Architect's professional judgment to permit adequate review. Review of such submittals Is not conducted for the purpose of determining the accuracy and completeness of other details such as dimension and quantities or for substantiating instructions for installation or performwice of equipment or systems designed by the Contractor, all of which remain the responsibility of the Contractor to the extent required by the Contract Documents. The Architect's review shall not constirute .,.pproval of safety precautions or, unleas otherwise specifically stated by the Architect,of construction means. methods, techniques, sequences or procedures. The Architect's approval of a specific item shall not indicate apt:rovA of an assembly of which the item is a component. When professional certification of performs " characteristics of materials, systems or equipment is required by the Contract Documents, the Architect shill be entitled to rely upon such certification to establish that the materials, systems or equipment will meet the performance criteria required by the Contract Documents. 2.6.13 The Architect shall prepare Change Orders and Construction Change Directives,with supporting documentation and data if deemed necessary by the Architect as provided in Sub- paragraphs 3.1,1 and 13.3, for the Owner's approval and execution in accordance with the Contract Documents, and may authorize minor changes in she Work not involving an adjustment in the r Contract Stun or an extension of the Contract Time which are not inconsistent with the intent of the ' Contract Documents. 2.6.14 On behalfof the,Owner,the Architect shall conduct inspections to determine the dates of Substantial Completion and Final Completion, and shall issue Certifirtes of Substantial and I Final Completion, The .Architect will receive and review written guarantees and related documents 8 t t: c required by the Contract for Construction to be assembled by the Contractor and shall issue a final certificate for Payment upon compliance with the requirements of the Contract Documents. 2.6.13 The Architect shall interpret and provide recommer3ations on matters concerning performance of the Owner and Contractor under the requirements or the Contract Documents on written request of either the Owner or Contractor. The Architect's response to such requests shall be made with reasonable promptness and within any time limits agreed upon. i 2.6.16 Interpretations and decisions of the Architect shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be in writing or in the form of draw- ings. When making such interpretations and initial decisions,the Architect shall endeavor to secure faitl I performance by both Owner and Contractor, and shall not be liable for results or interpre- tations or decisions so rendered in good faith in accordance with all the provisions of this Agreement and in the absence of negligence. 2.6.17 The Architect shall render written decisions within a reasonable time on all claims, disputes or other matters in question between the Owner and Contractor relating to the execution or progress of the Work as provided in the Contract Documents. 2.6.18 The Architect (1) shall render services under the Agreement in accordance with the k highest professional standards prevailing in the Dallas-Fort Worth metroplex area; (2) will reimburse the Owner for all damages caused by the defective designs the Architect prepares; Ind (3) by acknowledging payment by the Owner of any fees due, shall nor 'je released from any tights the Owner may have under the Agreement or diminish any of the Architect's obligations thereunder. 2.6.19 The Architect shall provide the Owner with I set of reproducible prints showing , all significant changes to the Construction Documents during the Construction Phase. ARTICLE 3 ADDITIONAL SERVICES 3.1 GENERAL 3.1.1 The services described in this Article 3 are not included in Basic Services unless so identified in Article 11. and they shall be paid for by the Owner as provided in this Agreement, In addition to the compensation for Basic Services. The services described under Paragraphs 3.2 and J 3.4 shall only be provided if authorized or confirmed in writing by the Owner. If services described under Contingent Additional Services In Paragraph 3.3 are required due to circumstances beyond the Architect's control.the Architect shall notify the Owner prior to commencing such services. If the Owner deems that such services described under Paragraph 33 are not required, the Owner shall give prompt written notice to the Architect. If the Owner indicates in writing that ail or pan of such Contingent Additional Services are not required, the Architect shall have no obligation to k 9 i c provide those services. Owner will bo responsible for compensating the Architect for Contingent Additional Services only if they are not required due to the negligence or fault of Architect. 3.2 PROJECT REPRESENTATION BEYOND BASIC SERVICES i 3.2.1 If more extensive representation at the site than is described in Subparagraph 2.6.5 Is required, the Architect shall provide one or more Project Representatives to assist in carrying out such additional on-site responsibilities. I 3.2.2 Project Representatives shall be selected, employed and directed by the Architect, and the Architect shall be compensated therefor as agreed by the Owner and Architect. The duties, responsibilities and limitations of authority of Project Representatives shall be as described in the edition of ALA Document B352 current as of the date of this Agreement,unless otherwise agreed. 33 CONTINGENT ADDITIONAL.SERVICES 3.3.1 Making material revisions in Drawings, Specifications or other documents when such rcvisi:.ns arc, L inconsistent with approvals or instructions previously given by the Owner, including revisions made necessary by adjustments in the Owner's program or Project budget; 2. required by the enactment or revision of codes, la xi or regulations subsequent to I the preparation of such documents.or 3. due to changes required as a result of the Owner's failure to render decision in o , timely manner. 3.3.2 Providing services required because of significant changes in the Project including, but not limited to, size, quality, complexity, the Owner's schedule, or the method of bidding and contracting for construction,except for services required under Subparagraph 2.5.2. 3.3.J Preparing Drawings, Specifications and other documentation and supporting data, and providing other services in connection with Change Orden and Construction Change Directives. 3.3.4 Providing consultation concerning replacement of Work damaged by fire or other cause luring construction, and furnishing services required in connection with the replacement of such Work. 3.3.3 Providing services made necessary by the default of the Contractor,by major defects At deficiencies in the Work of the Contractor, or by failure of performance of either the Owtrer or Contractor under the Contract 1br Construction. 10 i i _� ' tt 3.3.6 Providing services in evaluating an extensive number of claims submitted by the Contractor or others in connection with the Work. 33.7 Providing services In connection with a public hearing, arbitration proceeding or legal proceeding except where the Architect is party thereto. 3.3.8 Preparing documents for alternate, separate or sequential bids or providing services In connection with bidding or construction prior to the completion of the Construction Documents Phase. 3.4 OPTIONAL ADDITIONAL SERVICES 3.4.1 Providing financial feasibilityor other special studies. 3.4.2 Providing planning surveys, site evaluations or comparative studies of prospective sites. 3.4.3 Providing special surveyr. environmental studies and submissions required for approvals of governmental authorities or othen having jurisdiction over the Project. 3.4.4 Providing services relative to future facilities,systems and equipment. 3.4.3 Providing services to investigate existing conditions or facilites or to make measured drawings thereof. 3A.6 Providing services to verify the accuracy of drawings or other information famished by the Owner. 3.4.7 Providing coordination of construction performed by separate contractors or by the Owmer's own forces and coordination of services required in connection with construction per- formed and equipment supplied by the Owner, 3.4.8 Providing services in connection with the work of a consncdon manager or separate consultants retained by the Owner. 3.4.9 Providing detailed quantity surveys or inventories of material,equipment and labor. 3.4.10 Providing analyses of owning and operating costs, r 3.4.11 Making investigations. inventories of materials or equipment, or valuations and detailed appraisals of existing facilities. 3.4.12 Providing assistance in the utilization of equipment or systems such as testing, adjusting and balancing, preparation of operation and maintenance manuals, training personnel for I 11 c operation and maintenance and consultation during operation. 3.4.13 Providing interior design and similar services required for or in connection with the selection,procurement or installation of furniture,furnishings and related equipment. 3.4.14 Providing services other than as provided in Section 2.6.4,after issuance to the Owner of the final Certificate for Payment and expiration of the Warranty period of the Contract for Construction. 3.4.15 Providing services of consultants for other than architectural, structural, mechanical I and electrical engineering portions of the Project provided as a part of Basic Services. 3.4.16 Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted architectural practice. 3.4.17 Preparing a set of reproducible record drawings showing significant changes in the Work made during construction based on marked-up prints, drawings and other data famished by the Contractor to the Architect. (This is for drawings prepared in addition to those specified in Section 2,6.19.) i ARTICLE 4 OWNER'S RESPONSIBILITIES 4.1 The Owner shall consult with the Vchitect regarding requirements for the Project. Including (1) the Ownees objectives, (2) schedJe and design constraints and criteria, including space requirements and relationships, flexibility,expendability,special equipment,systems and site requirements,as more specifically described in Paragraph 2.2.1. 4.2 The Owner shall establish and update an overall budget rot the Project, including the 1 Construction Cost, the Owner's other costs and reasonable contingencies related to all of these costs. 43 if requested by the Architect, the Owner shall furnish evidence that financial arrangements have been made to fulfill the Owner's obligations under this Agteeme,L 4.4 The Owner shall designate a representative authorized to act on dA Owner'r behalf with respect to the Project. The Owner or such authorized representative shall render d..lsioi s in a r timely manner pertaining to documents submitted by the Architect in order to avoid unreasonable A$ �. delay in the orderly and sequential progress of the Architect's services. r /r 4.5 The Owner shall famish surveys describing physical characteristics, legal limitation and utility locations for the site of the Project, and a written legal description of the site. The surveys and legal information shall include, as applicable, grades and lines of streets, alleys, pavements and 12 ' t t v 1 i adjoining property and structures; adjacent drainage; rights-of-way, restrictions, easemcrim encroachments, zoning,deed restrictions,boundaries and contour of the site;locations,dimensions and necessary data pertaining to existing buildings,other improvements and trees; and information concerning available utility services and lines, both public and private, above and below grade, including inverts and depths. All the information on the survey shall be referenced to a project i benchmark. 4,6 The Owner shall fumish the services of geotechnical engineers when such services are requested by the Architect Such services may include but are not limited to test borings,test pits, determinations of soil bearing values, percolation tests,evaluations of hazardous materials, ground co-:sfon and resistivity tests, including necessary operations for anticipating sub-soil conditions, Frith reports and appropriate professional recommendations. 4,6,1 The Owner shall famish the services of other consultants when such services are reasonably required by the scope of the Project and are requested by the Architect and are not re- tained by the Architect as part of its Basic Services. 4.7 The Owner shall fumish structural, mechanical,chemf-cal, air and water pollution tests, tests of hazardous materials, and other laboratory and environmental tests, inspections and report/ required by law or the Contract Documents. 4,8 The Owner shall fumish all legal, accounting and insurance counseling services as may be necessary at any time for the Project, including auditing services the Owner may require to verity the Contractor's Applications for Payment or to ascertain how or for what purpose, the Contractor has used the money paid by or on behal f of the Owner, s 4.9 The services, information, surveys and repons required by Paragraphs 4.5 through 4.8 shall be furnished at the Owner's expense, and the Architect shall be entitled to rely upon the accur- acy and completeness thereof in the absence of any negligence on the part of the Architect. 4.10 The Owner shall give prompt written notice to the Architect if the Owner becomes aware of any fault or defect in the Project or nonconformance with the Contract Documents. 4.11 Architect shall propose language for certificates or certifications to be requested of the Architect or Architect's consultants and shall submit such to the Owner for review and approval at least fourteen (14) days prior to execution. The Owner agrees not to request certifications that would require knowledge or services beyond the scope of this agreement. f ARTICLE S CONSTRUCTION COST 5.1 DEFINITION i3 C� c� 1 5,1.1 The Construction Cost shall be the total cost or estimated cost to the Owner of all elements of the Project designed or specified by the Architect. 5.1.2 The Construction Cost shall include the cost at current market rates of labor and materials famished by the Owner and equipment designed, specified,selected or specially provided for by the Architect, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be included for market conditions at the time of bidding and for changes in the Work during construction. 5.1.3 Construction Cost does not include the compensation of the Architect and Architect's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibili- ty of the Owner as provided in Article d. i 5.2 RESPONSIBILITY FOR CONSTRUCTION COST 511 Evaluations of the Owner's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost prepared by the Architect represent the Architect's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Architect nor the Owner has control over the cost of labor, materials or equipment, over the Contractor's methods of determinirI bid prices,or over competitive bidding or market conditions. Accordingly.I , the Architect cannot and does not warrant or represent that bids will not vary from the Owner's Project budget or from any estimate of Construction Cost or evalua- tion prepared or agreed to by the Architect. 512 No fixed limit of Construction Cost shall be established as a condition of this Agreement by the furnishing, proposal or establishment of a Project budget,unless such fixed limit has been agreed upon in writing and signed by the parties thereto. If such a fixed limit has been established, the Architect shall be permitted to include contingencies for design,bidding and price escalation, to determine what materials, equipment, component systems and types of construction are to be included in the Contract Documents, to make reasonable adjustments in the scope of the Project and to include in the Contract Documents alternate bids to adjust the Construction Cost to the fixed limit. Fixed limits, if any, shall be increased in the amount of an increase in the Contract Sum occurring aver execution of the Contract for Construction. 5,2.3 If the Bidding Phase has not commenced within 90 days after the Architect submits the Construction Documents to the Owner, any Project budget or fixed limit of Construction Cost shall be adjusted to reflect changes in the general level of prices in the construction Industry between the date of submission of the Construction Documents to the Owner and the date on which proposals f are sought r r \ c ARTICLE 6 USE OF ARCHITECT'S DRAWINGS, SPECIFICATIONS AND OTHER DOCUMENTS i 14 c. 1 4 6.1 The Drawings, Specifications and other documents prepared by the Architect for this Project are instruments of the Architect's strvice for use solely with respect to this project and, unless otherwise provided, the Architect shall be deemed the author of these documents and shat( ± retain all common law, statutory and other reserved rights, including the copyright. The Owner shall be permitted to retain copies, including reproducible copies, of the Architect's Drawings, Specifications and other documents for information and reference in connection with the 0wzte>'s use and occupancy of the Project. The Architect's Drawings, Specifications or other documents shall not be used by the Owner or others on other projects for additions to this Project or for completion of this Project by others,unless this Agreement is terminated because Architect is in de- fault of(his Agreement,at which time the documents become the property of the City of Denton. 6.2 Submission or distribution of documents to meet official regulatory similar pur,)•.ses in connection with the Project is not to be construed as publication n derogation of the Architect's reserved rights. ARTICLE 7 TERMINATION,SUSPENSION OR ABANDONMENT 7.1 Architect may terminate this Agreement upon rot less than thirty days written notice should the Owner fail substantially to perform in accordance with the tears of this Agreement through no fault of the Architect. Owner may terminate this Agreement or any phase thereof upon r thirty (30)days prior written notice to the Architect with the understanding that Immediately upon receipt of such notice, all work and labor being performed wider the Agreement shall cease Immediately. Before the end of the thirty(30)day period,Architect shall invoice the Owner for all work it performed prior to the receipt of such notice. NO amount shall be due for lost or anticipa profits. All plans, field surveys, and other data related to the Project Fh red rty all become prope of the Owner upon termination of the Agreement and shall be promptly delivered to the Owner in a reasonably organized form. Should Owner subsequently contract with a new architect for con- tinuation of services on the Project,Architect shall cooperate in providing information. 7.2 if the Project is suspended by the Owner for more than 30 consecutive days, the Architect shall be compensated for services performed prior to notice of such suspension When the Project is resumed, the Architect's compensation shall be equitably adjusted to provide for expenses incurred in the interruption and resumption of the Architect's services, 7.3 This Agreement may be terminated by the Owner upon not less than seven days written r notice to the Architect in the event that the Project is permanently abandoned. If the Project is / Al abandoned by the Owner for more than 90 consecutive days, the Architect or the Owner may f' t terminate this Agreement by giving written notice. 7.4 Failure of the Owner to snake payments to the Architect in accordance with this Agreement shall be considered substantial nonperformance and cause for termination. Is I c k. 4 i i 7.5 if the Owner fails to make payment to Architect within thirty (30) days of receipt of a statement for services properly performed,the Architect may, upon seven days written notice to the f Owner, suspend performance of services under this Agreement. Unless Architect receives payment k in full within seven (7) days of the date of the notice, the suspension shall take effect without further notice, In the event of a suspension of services under this section, the Architect shall have no liability to the Owner for delay or damage caused the Owner because of such suspension of services. 7.6 In the event of termination not the fault of the Architect, the Architect shall be compensated for services properly performed prior to termination. ARTICLE 8 MISCELLANEOUS PROVISIONS 8.1 This Agreement shall be governed by the laws of the State of Texas. 8.2 Terms in this Agreement shall have the same meaning as those in AIA Document A201, General Conditions of the Contract for Construction, current as of the date of this Agreement. 8.3 The Owner and Architec4 respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the parmero, suc- cessors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither Owner nor Architect shall assign this Agreement without the written consent of the other. 8.4 This Agreement represents the entire and integrated agreement between the Owner and Architect and supersedes all prior negotiations, representations or agreements, either written or oral This Agreement may be amended only by written instrument signed by both Owner and Architect. 8.5 Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Owner or Architect, 8.6 Unless otherwise provided in this Agreement, the Architect and Architect's consultants shall have no responsibility for the discovery, presence, handling, removal or disposal of or exposure of persons to hazardous materials in any form at the Project site, including but not timited to asbestos,asbestos products, polychlorinated biphenyl(PCB) or other toxic substances,provided, however,Architect shall have the responsibility to and shall repon to the Owner the location of any , hazardous material that an architect of similar skill and expertise should have noticed. I) t 8.7 Upon receipt of prior written approval of Owner, the Architect shall have the right to include representations of the design of the Project. including photographs of the exterior and intedw, among the Architect's promotional and professional materials. The Architect's materials 16 t , U t i shall not include the Owner's confidential or proprietary information if the Owner has previously advised the Architect in writing of the specific information considered by the Owner to be cod- dentin) or proprietary. The Owner shall provide professional credit for the Architect on the con- struction sign and in the promotional materials for the Project. ARTICLE 9 PAYMENTS TO THE ARCHITECT 9.1 DIRECT PERSONNEL EXPENSE I 9.1.1 Direct Personnel Expense is defined as the direct salaries of the Architect's personnel engaged on the Project and the portion of the cost of their mandatory and customary contributions and benefits related thereto, such as employment taxes and other statutory employee benefits, Insurance, sick leave,holidays, vacations,pensions and similar contributions and benefits. 9.2 REIMBURSABLE EXPENSES 9.2.1 Reimbursable Expenses are in addition to compensation for Basic and Additional Services and include expenses incurred by the Architect and Architect's employees and corou tents in the interest of the Project,as identified in the following Clauses. 9.2.1.1 Expense of transportation In connection with the Project; expenses in connection with authorized out-oftown travel; Iong-distance communications; and fees paid for securing approval of authorities having jurisdiction over the Project. 9.2.1.2 Expense of reproductions (except the reproduction of the sets of documents referenced in Subparagraph 16.19), postage and handling of Drawings, Specifications and other documents. 1 9.2.1.3 If authorized in advance by the Owner, expense of overtime work requiring higher than regular rates. 9.2.1.4 Expense of renderings,models and mock-ups requested by the Owner. 9.2.1.3 Expense of computer-aided design and drafting equipment time when used in connection with the Project. 9.3 PAYMENTS ON ACCOUNT OF BASIC SERVICES,; t; , 9.3.1 Payments for Basic Services shall be made monthly and, where applicable. shall be in proportion to services performed wiu+in each phase of service, on the basis set forth in Subpara- graph 10 2.2. 17 s { ' I 9.3.2 If and to the extent that the time initially established in Srbparaggraph 10.4.1 of this l Agreement is exceeded or extended through no fault of the Architect, compensation for any services rendered during the additional period of time shall be computed in the manner set forth in Subparagraph 10,12. 93.3 When compensation is bas,!d on a percentage of Constructio t Cost and any portions of the Project are deleted or otherwise not constructed. compensatioa for these portions of the Project shall be payable to the extent services are performed on those portiors, in accordance with the schedule set forth in Subparagraph 10.?.:based on(1)the lowest bona B le bid or t:)if no such bid or proposal is received. the most recent preliminary estimate of Construction Cost or detailed estimate of Construction Cost for such portions of the Project. 1 9.4 PAYMENTS ON ACCOUNT OF ADDITIONAL SERVI(ES 9.4.1 Payments on account of the architect's additional SeMces and for Reimbursable Expenses shall be made monthly upon presentation of the Architect's statement of services rendered or expenses incurred. 9.5 PAYMENTS WITHHELD 9.5.1 No deductions shall be made from the Architect's compensrian on account of penalty, liquidated damages or other sums withheld Dom payments to contractors,or on account of the cost of changes in the Work other than those for which the Architect is respon tible. { 9.6 ARCHITECT'S ACCOUNTING RECORDS , 9.6.1 Architect shall make avails);: to Owner or Owner's authcnzed representative records of Reimbursable Expenses and expenses pertaining to Additional Services and ser%ices performed on the basis of a multiple of Direct Personnel Expense for inspection aid copying during regular business hours for three years uder the date of the final Cenie=te of Payment. or until any litigation related to the Project is final. whichever date is later. { ARTICLE 10 BASIS OF CONIPENSATION The O% ttershall compensate the architect as follows: 10.1 BASIC CONIPENSATION At \ t; 10.1.1 FOR BASIC SERVICES, as described in article Laid my other services included in � Article I I as part of Basic Services. Basic Compensation shall be 556,500.00: 10.1.2 Progress payments for Basic Services in each phase shall loW the following 18 . b 1 1 i i percentages of the total Basic Compensation payabla Convert Existing Floor Plans to CADO: 5% = 21825 2 Weeks Scherastic Design Phase: 10% i 51650 2 Weeks Design Development Phase: 10% $ 5,650 2 Weeks Construction Documents Phase: 45% $25,125 6 Weeks Bid/Negotiation Phase: 10% $ 51650 4 Meeks Construction Administration Phase: 20% $11,300 25 Meeks 10.2 COMPENSATION FOR ADDITIONAL SERVICES 10.2.1 FOR PROJECT REPRESEAIrATION BEYON''D BASIC SERVICES. as described in Paragraph 3.2.compensation shall be computed as follows: 14"arly per 10.9.2 10.2.2 FOR .ADDITIONAL SERVICES OF THE ARCHITECT. as described in Articles 3 and 11. other than (11 additional Project Representation. as described in Paratgaph 3.1 and 121 services included in.article I I us pan of Additional Sen ices. 'vut -xcluding sr-ices of consultants. compensaton shall be computed as follows: Principals Ste,per hour Associates _n per hour Technical Staff ,,per hour Clerical Starl , U per hou 10.2.3 FOR ADDITIONAL SERVICES OF CONSU'LT.0�TS. including additional structural. mechanical and electrical enyineenrij sentces and thosa provided under Subparagraph 3.4.16 or identified in article 1 I as pan of Additional Services.. mt,itiple of 1.1 times the amounts billed to the Architect rbr such services. 10.3 REIbIBURSABLE EXPENSES 103.1 FOR R.M[BURSABLE EYFENSES. as descrbed n Paragraph 9.2. and any other items included in knicle I I as Reimbursable Expenses. a multipie of 1.15 times the expenses incurred by the.architect. the .architect's employees and consultants in the interest of the PmjecL I 10.4 ADDITIONAL PROVISIONS I 10.4.1 IF THE BASIC SERVICES co+'ered by this usreemert have not been completed , At r within 12 months of the date ofexecution hereof: through no 'auA of the Arclutec% extension of the .architect's services beyond that time shall be comtsenswed is provided in Subparagraphs 91: and 10..'. i 10.4.2 Payments are due and payable i'ortytile 14!1 days :'tom the date of the Architect's 19 I , �l o f u invoice. Amounts for services properly perforated which remain unpaid sixty(60)days after the invoice date shall bear interest at the rate of one (1:4) percent per month. ARTICLE 11 OTHER CONDITIONS OR SERVICES i 11.1 Architect shall maintain,at no expense to Owner,a professional liability (errors and omissions) insurance policy placed with a company rated at least B+IX by Best's Key Rating Guide,authorized to do business in Texas,in an amount not less than one million dollars(S1,000,000). Such policy shall name the Owner as additional insured and shall require the giving of written notice to Owner at least thirty days prior to cancellation, non-renewal or material modification of policies,evidenced by return receipt of United States Certified Mail, Architect shall famish Owner with copies of said policies or certificates evidencing such coverage. 11.2 Architect agrees to indemnify,hold harmless, and defend the City, at Architect's cost, its officers, agents,and employees from and againsi any and all claims or suits for injuries,damages, loss.or liability of whatever kind or character, Arising out of or in connection with the performance by the Architect of those services:ontemplated by this Agreement, based upon allegations of negligent acts or omissions of Architect, its o;Cteers, agents,employees,consultants and subcontractors. This Agreement entered into as of the day and year first wrinen above, CITY OF DENTON.TEXAS, tales A to/Archlllttt,_Inc. OWNER ARCHITECT BY; BY: WHAEL W. 1EZ, CITY MANAGER AlchardfCalvert, P sident �li'v G I I 20 i 1 r+ r apat►tt� AGENDA INFORMATION SHEET n I A - AGENDA DATE; June 15, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Purchasing/ to Cary Tower 349-8424 ACM: Kathy DuBose,I fiscal and Municipal Services SUBJECTt AN ORDINANCE PROVIDING FOR'fHE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASE OF MATERIALS, SUPPLIES OR SERVICES IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING AND PROVIDING AN EFFECTIVE DATE (PURCHASE, ORDER 95237 — DARR EQUIPMENT CO. IN THE AMOUNT OF $30,125.70), BACKGROUND: Alter experiencing mechanical problems with Rig 2366 a 1985 Caterpillar 973 Track Loader,the wait was downed for repairs. This unit is a critical pan of our landfill operation and no backup equipment is currently available. Since refuse cover is critical for public health and TNRCC permit compliance the repair was declared an emergency and an estimate to repair was solicited, The critical need to retum this equipment to service did not permit tim• for the formal bid Process. gY,COSIniENDATION: We recommend Purchase Order 95237 to Darr Equipment Co, be approved in the amount of $10,125.70. F'ISCAL.iNFORMATION- Repair cost will be charged to Ficet Service Sublet Labor account(130.025.0580.8710), PURCHASE ORDER INFORMATION., This purchase order is for the repairs to a 1985 Caterpillar 973 Track Loader utilized by the Landfill Division. The repairs include a complete rebuilding of the under carriage, track toiler frame, equalizer bar pivot shaft and associated undercarriage parts. The quotation Includes $14,070 for parts and $16.055.70 tabor. Replacement cost of the Caterpillar 973 Track Leader is estimated to be S425,M0, A ' { I i1 1l I1 1 I . 1 r AGENDA INFORMATION SHEET '+ JUNE 15,1999 PAGE 2 OF 2 i Respectfully submitted: � L Tom Shaw,C.P M.,349.7100 Purchasing Agent Attachment t: Purchase Order 93237 to Dart Equipment Co. Attachment 2: Quote from Darr Equipment Co. 1126 AMDA i 1 I w i a I c . imla li M AAA PURCHASE ORDER No. 95237 COWIN" mu This wmbar mat WPM On in OF MARIM Irnolca, doliwry &tips, cwsa. OO NOT DUPLICATE clns., boxes, packing %tips and pills. !Iq Nol Bid Na Dft 05 25 99 Pop Nm 01 CITY OF DENI(a TEXAS PIJRCHA1lN0 DIV161t7N J 901 6 TE%Ai TREE% f MWOK TVA$ 76201-4364 F• 9401349.7100 DIF'w 'METRO 6 111217 00 6 2 FAX 0101769-1702 NDOR D1RR SpV3PNSNT CO Visit dN City 01 Dinlon7 Ws►&N& at wvwl,olfyotdolonoom N P 0 80%EQUIPMENT DELIVERY CONPIRNATION ONLY 014 ADM$$ 1LIST 86RVIC2S DRESS 004 TEXAS DALLAS T% 75314-0789 DENTON, T% 76201 J C BRITR DN VMS VENDOR No, DAR49000 DELIVERY OUOTEO 06 01 99 FOB DSITINATION 8klYER I 0l 30125 . 700 i! VENDOR CAT• I M A NTo NAME 16000 30, 125 70 CITY 1 8700 &. RIO 2366 a& r COMPLETE REBUILD TRACN 0 UNDIRCA86IN0 1 PIGS TOTAL a 30.12570 GRIND TOTA1 300115 .10 01 730 025 0580 8710 30119$.70 t. EIIp011 N1176iICTi1gL 1 tome - Not 10 el.41. ."w" y.uM/J 1 k Yw41e1 1. k+Hry gm F,06. Oa1"Id It kwo .. .w• 6 1► + 1, Ns'14%d Y Iwo &alai Y& Nrll M McMsl mosim IA grksl 11R&l .. � . .. 111,L J 1 u 4 ATTACHMENT Z 59 EMI 0 cum 0 i i PAX TRANSMISSION tn� t�our�THR wouowINa a r p"1'e, TO,• may. Co.: �spY�IrilL013 i M they I�� �ddMM wish oovin er NI N'tM ppd� �not Merhnrd, fIMN : •New I1 Wois Pho" Numt and fw Nufoos tI am this F"eA01MOIN Dolho rr 972-1214M FAX 972/439 4484 TOTPL P,06 � l MPY-2?-1999 13112 CITY OF DENTON FLEET SERV 940 349 6434 P.01 { -/D f*[-cy 8 5 �te�wY.,✓TitAc•C mew,/ Q73 uN�erG1RR�TG� .S4ve1� ��(iCb7� a=a ova oD1oia�La ,�. #�s�0 315 1MUM D*M'1'Oli TII ?6301 i 0.771897 05. 13.99 3399500 00 a 451 2 DJ71107 06.1399 10 30 10 j AA 973 096900704 6560 • • • IMPAIR NITZ"TA/000Tt • • • ZKPIRATIOK DATI1 06/12/99 93TIKATIO RBPAIR TIME II TNRIR MARY PROM TrMZ Of ARRIVM 00 DARR8 YARD JAM MAC1II116 i9Tl7A"M LsR 20060 . . . . . . .. ......... .. . . .. . ..... . ....... . .... . . . ..... .. . . . . . ..... . . . . . . . .. . . . . . MM i I37"ALL VIMUCARRIAGI BYTIMATIO PT8 50010 00APANTUD LRR 1960.0 . . .. .. . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . .... ....... . .. . . . . .... . . . . . . . . .. .. . ..11. RUM I INYTALL 3 TPACK ROLLER PP MS EITIMATIO LU 260.0 . . . . . . . . . ... ... . . . . . . . . . .. . . . . .... ... . . . . . . . . . . ... . ... . . . 1 . . .. . . . ... .. 11 . . . 1 _ Il10YK f I1IYTALL RQVALIL�ER 8AA R9TIKATIO PTY 900.0 INTIMATZO 1.118 goose .. . . . . . . . 1 . . . . . . . . . . . . 1111 .1 .. . 1 . . 11..1 .... 1.1 .11. 111 . 1 .. 1 . 111. .1 . 11 /.1111.1 IPLACI bUIMIMO/RRARIIIG UQUALIEIR RAI IM01T ,'' ! r , CCII'I"0 ,r �I pad e?5z_3 J { u MAY-21-1999 13,12 CITY OF W4TCN FLECT SERA! 940 349 8434 P.02 -I 7k' c k too oz, Nj 4'23 0 � �5 b'S O:TY or Omni" AC00LVN PAVULE 619 1 MCRUDW Dmcm TK 76101 CJM$97 0613.99 3313800 00 0 631 2 DJ71197 03.13.99 10 10 10 M 173 0440007C? 9940 • • r R1�#1M s�TIN1►Tf/ I11H'19arT1'9 3000.00 �ewriw►tirlto LtR 1000.00 . . .. . . . . .. ... .. ..... . ... . . ....0 . .0.. .f .. . . 060. . .. . ... . ... .... . .. . . 600 ..6.. .. . RMM/i0R1/MILL homi!RR UK sx9'iISA m OR 2000.00 .. . . . . ... ..... . ... . . .. . . .. 6. ... ...1.... . .... .. ... ...,... . .... . . . . . . RowmA1. 2 ROLL x /R#w PzvuT mmAYY ui t Top LOS 300.0c ............. . . . . . .... .... . ... ............ 6666 .. . ..6 ... ..... ......... . .. ... 66 ROOM 6 IMOTALL 3 "ACK ROLLRR GUM 19TIMAt1D F" too.o4 a4 T1NAT9a L K 300.0` .. .. ............... . ... . . ...... .. . .. .. .. . . . .... ...... . . . ... ......... .. . . .. .. . i Itmova 6 13f9TALL MI, TAXI 11T:MATRO L1R 1400.0c .. . . . . . .. .... . 6 . .... . . . . .. . .. ...... .... . ... . . . .. . .... ... . ... . . . . . .. . . ..•6 ... . R91U1/moss/oRILL min /9AMs r � CONT D ` } 1 6 c, MAYO?-1999 13112 CITY OF DENTON FLEET SERV 940 349 8434 P.03 i I OITV Qr DrIL'0 A1,1411 MlMl its s 1iCMIldlJtlr Dllft'Oy TX 74901 3 D"1997 06.13 .99 9363600 00 0 d61 3 "OU107 06.11.99 1U to lu AA 977 064 00704 6690 WU >1QtiLISIR =AR TWIN PRM LOCATION ltT2N1►TfD i.11R 1000.00 ... . . .. . . . . .. .... ....... ..... . .... ..... . . ...... . .... . . f .. . .. . ... all ...me $.. .. 0 i A 14 "A= 2014.=A WiARA ruo L=R 630.00 . f . . . . f . .. . . . . . ...... . ...ff . . ... . . ... .. . ... . . . . . ... . .......... . f . ... . . . . ..... RZOMITION 1 Z=U/IDLn 11MUL GUARAMT==D LsR 160.00 . . . . . . ..... . . .... . .. . . . . . . .. ... . . .. . .. ... . . . . . ... ...... . . . ... . .. .... ....Y . f. f 466EMRL= 7 TRACK VIM OVAAAMTtlRtl L=N '300.04 . . .. . . . . . . . . . . . . . . . . . . . ... ... . .. .. ... .. . . . . ..... . . .. . .. . .. ......... ..... . . .. . RE610VE IA=TL1WNf CM 6 1:.Wft � sETIM"m tJR :60.00 oars u + %jr r 7 i i i MAY-27-1999 13112 CITY OF DENTON FLEET SEW 940 349 8434 P.04 f EE i ACC011I " 111 "M DIDPIM TX 74201 UJILSvi u3446 vy Jjaabvv 80 a 491 2 f 1DJ71007 65411.09 to 30 10 as fi! 0/1000701 I/i0 • , MarasA ul:w►sr/gwrr. � , 1Y PAM rM M99 0M V MORCA1t ZMI tar�axym Nra un,o,o \ \ \Y. . . . .. .... ... ..... . . . .\ . . .... . . . . . . . .. . ...Y\. \ \YY YYYY . Y\ \\ . \ Y \Y \� \ \ . .IY • ttt7 MONOW z Hari 131 .0 Tu ■Xllr'12011 LICUIZ TAX/LX 00vT/TX w 101�6.7� 8 e t, ti ORDINANCE NO. _ • a AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASE OF MATERIALS SUPPLIES OR SERVICES IN ACCORDANCE WITH PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDDING AND PROVIDING AND EFFECTIVE DATE (PURCHASE ORDER 95237 — DARR EQUIPMENT CO., IN THE AMOUNT OF { $36,125.70). WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an amount exceeding S1S,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or in case of unforeseen damage to public property,machinery or equipment;and, WHEREAS, the City Manager has recommended to the City Council that it Is necessary to purchase goods or services due to the following emergency conditions outlined in the memorandum attached hercto,incorporated herein by reference;NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council hereby determines that there is a public calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens of the city, or to provide for unforeseen damage to public property, machinery of equipment,and by reason thereof, the following emergency purchases of materialo, equipment, supplies of services, as described in the "Purchase Orders"re irenced herein,are hereby approved; PURCHASE OR)?E13NUMBE YENDO AMMOSIM[ 95237 DARR EQUIPMENT CO. $30,125.70 S '. 7l�( ION IL That because of such emergency, the City Manager or designated employee is hereby authorised to purchase the materials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being In accordance with the provisions of state taw exempting such purchases by the City from the requirements of competitive bids. This ordinance shall become effective immediately upon its passage and approval w PASSED AND APPROVED this the day of , 1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT I, PROUIY,CITY ATTORNEY By: TE—M0taLWYP F.CNAlE 00.DLR,ORDIANCa 9 r C' AGENDA INFORMATION SHEET AGENDA DATE: June I5, 1999 Qurstions concerning this acquisition may be directed DEPARTMENT: Purchasing to Ross Chadwick 349.8101 ACNE Kathy Dubose,Fiscal and Municipal Servicc!;�7 ginjECT AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF RESCUE TOOLS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WIrit PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE(PURCHASE ORDER 95580 — FERRARA FIRE EQUIPMENT IN THE ANIOLNT OF $21,196 AND PURCHASE ORDER 95581 FERRARA FIRE EQUIPMENT IN THE AMOUNT OF$21,646 TOTAL AWARD $42,842). BACKGRO:IND: Several years ago the Fire Department determined that compatibility and standardization of rescue equipment and toots was critical to their emergency response lime.The Amkus Inteeceplor Series of rescue tool was selected based upon its lighter weight, level of performance compatibility with exiting equipment and competitive price. We currently have several Amkus tool sets in use and these four new sets will be compatible and interchangeable with existing units. RECOMMENDATION, We recommend Purchase Order 95580 to Ferrara Fire Equipment be approved in the amount of $21,196 and Purchase Order 95581 to Ferrara Fire Equipment be approved in the amount of $21,646. �]'I'11 kTED SCI[ 'DLI[. . sF i'ROJECTt !i Delivery quoted for the Amkus rescue loots is approximately 30 days from receipt of an order M the third week of August 1999. c[crAl. iNFOkt_AiATICINs The four sets of rescue tools wiil be funded from the account numbers utilized to purchase the equipment to which each tool set will be&%signed, I One set each for the new ladder truck and the new Quint will be funded from (725.025-CO99.9104) In the amount of $21,146 ; t! ' <- s One set each fur the two new pumpers will be funded from (720-0250584.9104) in the amount of$21,196 e 'Total acquisition will be for $42,842 t u i • I w AGENDA INFORMATION SHEET JUNE is, 1999 PAGE 2 OF 2 i PURCHASE ORDER INFORMATION: j The two purchase orders are for the purchase of four sets of rescue tools manufactured by Amkus. _ The tools consist of heavy-duty spreader, metal cuttcn, hydraulic push'pull ram, hydraulic power source and hoses.This equipment Is primarily utilized to cut apart automobiles to extricate an injured or trapped accident victim. The Amkus tool sets are only available from assigned dealers with protect-d sales areas and therefore exempt from the bid process as sole source acquisitions. Respectfully submitted: I e;: � Tcm Shaw,C.P.D t.,349.7100 Furchasing Alen, Attachment k Purchase Order 95580 to Ferrara Fire Equipment Attachment 2: Quote dated April 23, 1999 for KME Pumpers Attachment 3: Purchase Order 93581 to Ferrara Fite Equipment Attachment 4: Quoin dated April 2).1999 for Quint , Attachment$: Quote dated April V, for Ladder Truck Attachment 6: Sole Source Verification 1777.AGENDA t j I I 2 I 9 THIS is —xxx PURCHASE ORDER N0: 95580 COWIRIIAIND O ADF.R TNI nu nber must appear on all CIF MAW(ED) invokes, delivery slips, Criss, DO NOT DUPLICATE Clns, boxes, Packk+p oh" And tO& Dales 05 24 99 Pape No. Ol Fteq No: Bid t TY OF DENTTfg T�EENXAS PUpOg G/�9-7100 D1FW Ili 17/21y�00e2 FAX 9401349-7402 354 EN" FERRARA FIRE EQUIPMENT OEIryEAy CONFIRMATION ONLY C09 AME/ 27855 JAMES CHAPEL RD ADAU FIRE DEPT ADM. DORESS PO BOX 249 712 W. SYCAMORE HOLDEN LA 70744 DENTON TX 76201 OWEN CACIUPPO VENDOR NO. PER49005 DELIVSkY WED 06 20 99 FOB DESTINATION BJYER TB TEAM S 4,tl ME W 101 2.000 EA VENDOR CAT. / M I A NFO NAME 10,590.000 21 ,196.00 CITY 1 9100 ANKUS RESCUE TOOL SET THE INTERCEPTER SERIES FOR KNE ENGINES ID 09952 i 19953 EQUIPNENT FOR TWO PUMPERS P OE TOTAL I 21 ,196.00 OR NO TOTAL f 21 , 196.00 U1 7�0 025 0584 9104 21 ,195.00 1 r hNDON peSiAU[i'�ONS. ! Turns Not 74 alw.s.arww yweull 1. Seri! vlow "its W101 MIKaM t� 4. SIi�/FkN InSaalVont I Ol Oestwflea peeW Iwu ,a..+w ie..a+s1 J. Bill b II6 E I !t + ! No 1e1Nd of Me 1001 fast SW be M�Cff6*4 C '1s o�l n ww�eet� M FfKe! /lflal Deacae, TR ' t I Apr-30-99 06:50A ATTACKMERT 2 p•'j2 {D�2t55610bN1f • � b.-�b`97 BT : IT 1'EPa.PA TiPC i Ferrara Fire Apparatus. Inc. ' —EQlil*MENT DIVMION�' 278 SWATS 1/W 00-N]-9006 • lAwArs HoM031 3173 (215) 567.7100 • fax(22S)S67•30" Date TO &i response to your inquiry,we submit tha fu#"4nl W"O". �k� :, s, 7btd►eke ��yyy.� D"CriPOM trritd�ttls 1 I I � I 1 1 1 ' 1 I • I •- 1 Y 1 � 1 • 1 D / .• I 1 _ ----- 1 _ 1 ►�e 1 1 1 —"•_•_mot—. 1 1 hl t b.•ab•bb b0at7 rcaawP. t•IP£ ID-�2SSR7;IR4S +'•b� Kerrara Fire Apparatus, Inse .I fA • c A PURCHASE ORDER NO: 95581 THIS IS A 7XXX COlfIRMIIs ORDER Tres nunbu Wait apps, on eg OF MARKED} invoices. delivery slips, eases, D0 Ipj pUpe SCAT£ ctns., Doses, packing dips end !ills. b H Raq N¢ Bid IJa Date: OS 24 99 Pipe Na. 0 1 CITY OF DEMTON TEXAS PURCHASING DIVISION 1001-9 TEXAS STREET 1 GENTON, TEXAS 78201-4354 w 94101349-7100 DIFW METRO 6 1 71287-0042 FAX 9401349-7302 ENOOR FERRARA FIRE EQUIPMENT DELIVERY CONFIRMATION ONLY C09 AME/ 27855 .TAMES CHAPEL RD AOORESS FIRE DEPT ADM. DORESS PO BOX 249 212 V. SYCAMORE HOLDEN LA 70744 DENTON T% 76201 OVEN CACIUPPO VENDOR Na FER49005 DELIVERY DUOTED 06 20 99 FOE DESTINATION BUYER TS TERMS 51 101 1 .000 ST VENDOR CAT- I K / A XFO MANE 10,740.000 30,748.00 CITY 1 9100 ANKUS RESCUE TOOL SET THE imr8RCEPTOR SERIES FOR QUINT )02 1 .000 ST VENDOR CAT. 1 M / A MFG WANE 10,896.000 10,898.00 CITY 1 9100 ANKUS RESCUE TOOL SET LADDER FOR TRUCK - I i P OE TOTAL 1 21,646. 00 OR NO TOTAL s 21, 646 . 00 q1 725 0:5 C099 9104 21 , 646.00 1... _..., _..__...._,.._-- e'.4., isms, y.nMd vfN0 W nIlipind Mk t uippe � 4v 18 F, SrM alpn/ Menke eYi1A 0400 4 ee/Y I 4 Sn nl! Mnaeetwle idol Mssew w pgeie ate.., ,s.r, ,H ..0 1. I,n a - Awe.rau 10, � L No Islosf er iwe wn u. SMI 11 MK1uNr c rq vlsia+ III E. St In prices billed Den,e4 7 71! 1.11!! o 36pr-30-99 06:61A P.01 90'3i-49 97 : 17 ►=ARAAA FIRE ATTACHMENT 4 ID•225SS73998 P.03 •I'�erralra Fire Apparatus, Inc. . -- [Ql11rMENT pWlSSION— VOSS)smm Chapel Rd. • P.a.Bass 1411 r H"n.LA 70744 U,S.WATS 1.800-443-"06 • LA WATS 1.100.311.3473 (22S) SO-1100 1 fsx(11S) %7.1M in resparre to your;nquiry,we Submit the Wkwins grmetbw OA IIA4 AMA Qqr, pe>u;pekR �rkeYesM Tatal t rite 1 , 1 + f, I 1 1 1 1 1 - , 1 1 1 1 I a'..' V 1 + 1 , LL . ... AA LAL 1 1 I 1 Terms f.QB ElemStelSNppQne� '�OUCt� i ina page of - • 6 `" ATT ENT s I Ferrara Fire Apparatus, Inc. EQUIPMENT DIVISION— 27855 James Chapel Rd. 6 P.O.Box 249 • Holden,LA 70744 0 U.S.WATS 1-800-443.9006 - LA WATS t-800.331-3413 - 12 8 (225) 567.7100 • Fix(22S) S67.3099 To: ,fir JjprJot1 �i f f1J_�(J'f Date r ft4n G In response to your inquiry,we submit the foffowing quotation!�raAQ`STPv�k Qty. Description Priceleach Total Price YOLM r VVV 1 1 1 1 1 1 I I I 1 r 1 1 I 1 � I I I I 1 1 I I I DWA Le, Ito T� 1 1 a I I I air I 1 I I I - I 1 1 1 ,r1 1 I Terms FO.B. _ btJmated Shippin;Date fis 1, Page of 7 By µiltOn ag, .ADO r64Y-18-1999 15130 FROM RILLS INC 6305158866 TO 19403497302 P.02 ATTACt?SEhT 6 � us ®� A RESCUE SYSTEMS 1 � November 10, 1898 This fetter is to cw*that Ferrara Firellphtlny Equipment,of Holden, LA:s the exduslw AMKUS safes and webs center for the Stato of Texas, oxoW in the follo+wk counties: Sdocoe Grey Upeoomb Roberts Canon Hall Moon Sherman CsdroHw%',cM Ochinrse Swww Child Hartley Oldham wheeler Dakm Henoll Parmer Worth Deaf Smith Hutchinson Potter El Paso Certified True and Cameo! AMKUS, Inc. Suzanne Le Roux Sales Coordlnelor i i { WXU9, Vc.: 2700 Whew@@ 9utd, Do•rom Grow.L SOM4288 UBA Phone: 63"15-loco FAX. e308t58ead nr 6150tH g TOTAL P.02 ORDINANCE NO. I AN ORDINANCE PROVIDING FOR THE PMENDITURE OF FUNDS FOR THE PURCHASE OF RESCUE TOOLS 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(PURCHASE ORDER 95580 — FERRARA FIRE EQUIPMENT IN THE AMOUNT OF $21,196 AND PURCHASE ORDER 95581 FERRARA FIRE EQUIPMENT IN THE AMOUNT OF$21,646 TOTAL AWARD 542,842). WHEREAS,Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents,copyrights, secret processes or natural monopolies; films,manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components. for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials;need not be submitted to competitive bids;and WHEREAS,the City Council wishes to procure one or more of the items mentioned in the above paragraph;NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: S ECTION I. That the following purchase of materials,equipment or supplies,as described in the "Purchase Orden"referenced heaein, are hereby approved: PURCHASE ORDER VENDO AMOUNT 95580 FERRARA FIRE EQUIPMENT $21,196 95581 FERRARA FIRE EQUIPMENT S21,646 SEC LION I[, That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION It That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I Ind the expenditure of foods pursuant to said contracts is hereby authorized, I 9 O 4a SECTION IV.That this ordinance shall become effective ittunediately 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: PC 95580&93581 SOLE SOURCE.ORDINANC& r I 10 t, t. r E bqa* AGENDA INFOMIATION SHEET AGENDA DATE: June 15, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Purchasing to Alex Pettit 349-8595 ACNI: Kathy DuBose, Fiscal and Municipal Services SIIDJ�L AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS. SUPPLIES OR SERVICES NECESSARY FOR TILE INSTALLATION OF A FLEET MAINTENANCE SOFTWARE AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COPIMISSION QUALIFIED INFORMATION SERVICES VENDOR (Q1SV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING AN EFFECTIVE DATE(PURCHASE ORDER 95617 TO CCO SYSTEMS, INC, IN THE A1,10UNT OF 549,800). BACKG1i0UND: The Fleet Services Division is currently tracking maintenance cost utilizing obsolete, non-Y2K compliant software.It has limited capabilities and is no longer capable of performing the required task. The Fleet Services Division has conducted a three-month review of fifteen fleet software systems.T'he best software for our intended use appears to be FASTER by CCO Systems,Inc. fIFCOf11bIENDATION: We recommend Purchase Order 95617 to CCO System,Inc. and the related contract be approved in the amount of 549,800. FSTIMATFD SCIIEDULE OF PROD M Full implementation and staff training is estimated to be compacted by Mid-October 1999. FISCAL INFORMATION: 111c acquisition of this software license, training and support will be funded from fund(468.044- FSYS-9870-9107). i jj1ASF ORDER INFORMATION: Purchase Order 95617 to CCG Systems, Inc. is for equipment, software,insla:lation services and training asswiated with a fleet maintenance system. The FASTER software is a comprehensive fleet management paclage. The FASTER software will provide Fleet Services Division with real time, accurate information about the slate of our i fleet. Fleet Services Division will he able to generate over sixty different reports from programs that track vehicle operational cost by department, to programs that monitor vendor performance ; �'- andlor mechanic efficiency. The FASTER software will cone with an accounting and fuel interface, linking Fleet Services Division, the City of Dcnlon Fuel Center, and Finance Department electronically. CCG Systems, Inc, is a State of Teas Qualiticd Information Service Vendor (I.D. 1.54.120- I 5684-600). i c, r , AGENDA INFORMATION SHEET AJNE 15. 1999 PAGE 2 OF 2 i I Respectfully submitted: qcz Tom Shaw, .P.M„349.7100 Purchasing Agent Attachment 1:Purchase Order 95617 to CCO System,Inc. Attachment 2:QISV Verification 13 AGEWA i i i Iik 2 t 1 e 1 I I ' I imi lb A xxx PURCHASE ORDER NO- 95617 mw 1 MINFiRMING ORDER This mamba must opper 0n all OF MARNE01 I I v invoices, delivery dips. Cssn, DO NOT DUPLICATE LLL_JJJJ tins., boxes, packing 0101 and biHs. aea, Nn: Bid Na Da+e 05 28 99 pogo Na Ol H CITY OF DENTON TEXAS I,ACMASWj DIVISION 1 901-B TEXAS STFIEE>' 1 DENTON. TQXAS 75201-4354 94013494100 DOW METRO 8171267-0042 FAX 4101349-7302 :NOOR CCO SYSTEMS Visit the City 01 Daton's Websile at v~.6"Idonlamcom 1ME/ 2200 COLONIAL AVE DELIYERY CONFIRMATION ONLY C]4 ADASS FLEET SERVICES ]DRESS BUTTE 23 NORFOLK VA 23517-1920 804 O , DENTN TX 16201 NINA R. MCCOY VENDOR NO, CC049050 DELIVERY OIIOTED 11 15 99 FOB DESTINATION BIKER T9 TERMS 101 49800.000 $$ VENDOR CAT. ! N / A MFO NAME 1.000 49x1800.00 CITY # 9100 FASTER SOFTWARE SYSTEM FASTER CS SERVER SOFTWARE $12,000 11 WORKSTATIONS $13, 200 FUEL INTERFACE $ 10800 EQUIPMENT CONVERSION NOT TO EXCEED $ 1, 500 ACCOUNTING INTERFACE TO LOPS $ 5,000 PROJECT MANAGEMENT $ 51000 INSTALLATION (3 DAYS) $ 3, 450 TRAINING (5 DAYS) $ 4 ,350 FOLLOW -UP TRAINING (2 DAYS) $ 3 ,500 i P 0E TOTAL 0 49,800.00 OR ND TOTAL I 49,800.00 01 4618 044 b'BY8 9870 9107 49,800.00 t AN00111 IN5YU.T10NI+ ._......... »,1 3. Terms - NO 30 U bu.au.n. .r�•e.vl 1, Send Nltind Invoice With wksto tMf.' 4. pipiriM Inetrectiot F.O.tl. OesbMisn Npud 2 64N 10 . cc Ltd'4 $L 51 No Ieda01 w Itate 10101 Lx 1Ta11 b4 Inah,de/ s III kke�yy In Mkes billet 04m0n, T% i120.1,-i21l,;,,,„.,,: I ATTACHMENT 2 Genera! Services COOMISSiOn 171[ San Jacinto p.O.Box 1301? on w no Austin, Teat 76711-3047 k (511)461•3035 aacvtm 1ou mxraw ' December 2, 1996 Nina R. McCoy CCU}Systems,[ne. 2300&Iopid Avenue,Suite 23 Norfolk,VA 73517 Re: Catalogue Approval Dear Ms.McCoy: This is to advise that your firm has been designated u a Qualified information Systems Vendor. We ask that it copy of this letter be Included at the front of each catalogue provided to eligible purchasers. You tray proceed to market you catsdotue of products and services to eligible purchasers. Congratulations on becoming s State of Texas Qualified In6smation Systems Vendor. Sincerely, �amle lw Spiegel Supervisor,Q[SV CtWogue Pro tram (512)463-3561 cc: Catalogue Vendor File OlW%PMO 1N►ORNATION VWO: 1-64.1904WM"00 W1 Certified: No Nna R.McCo o CCO Systems, Inc. 2200 Colonial Avenue$Wte 23 Ncrfolk,VA 23617 PBr (80017631793 PAX: (1304(826.5116 "'Note To spate Agendes If this Gualilled hdormatlon Systems Vendor provides consulting services and if jtheP�r=vste d; r consulting contract is reasonably foreseen t, exceec $10,00)0,00, please refer Consultants del. ('p.inrtdmtrgcltdmw , AneadfOPOV ra WC i L i I I i at ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR OR CITY MANAGER TO EXECUTE THE ATTACHED AGREEMENTS BETWEEN THE CITY OF DENTON, TEXAS AND CCG SYSTEMS, INC. FOR EQUIPMENT, SOFTWARE AND SUPPORT FROM PREVIOUSLY BUDGETED FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Council hereby authorizes the City Manager to execute the attached agreements between the City of Denton and CCG Systems, Inc,, for equipment, soft• ware and support, substantially in the form of the attached documents, and further authorizes the expenditure of previously budgeted funds for that purpose. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , Imo• JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO I ZGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY >ay ,�l Gl YDLI W.efd,p'LOICV q,r,n,nwtYO wm.Y aNe,nY A„ . S 1 I 1 1 i ! i HL STATE OF TEXAS § CCO SOFTWARE LICENSE AGREEMENT COUNTY OF DENTON § E THIS SOFTWARE LICENSE AGREEMENT ("hereinafter referred to sa "Contract") is made and entered into this day of .1999,between CCO Systems, Inc., a corporation whose address is 2200 Colonial Avenue, Suite 23, Norfolk, VA 23517, (herein referred to as "LICENSOR") and the CITY OF DENTON. TEXAS, a municipal corporation, (herein referred to as "CITY" OR "LICENSEE'), acting by and through its City Manager or his designee. WITNESSETH: THAT, in consideration of the covenants and agreements hereinafter contained and subject to the terms and conditions hereir Ater stated,CITY and LICENSOR agree as follows: I. Scope of Work A. Compliance with Contract Documents. For the consideration hereinafter agreed to be paid to LICENSOR by CITY, LICENSOR shall provide FASTER Fleet Maintenance Sofhvare (hereinafter referred to as "Software'). Software provided under the terms of this Contract are to conform in every respect to the following documents, and all such documents are I attached and incorporated herein by reference: 1. This Contract; 2. Software License Agreement No. 201 (With Attachments A, B, C & D) (hereinafter referred to as"Software License Agreement'7;and 3. L;^ensor's proposal dated August 8, 1999. A. Licensor's Specifications Checklist In the event of conflict or ambiguity or discrepancy between the documents incorporated above,priority of interpretation shall be in the order listed above. IL Definitions A. Software. The irm "Soitwsre" shall roan the computer program In object :ode only and the user manuals deserbed in the Software License Agreement and Proposal. The term "Software" inch yes any correction bug fixes, enhancerients, updates or ether modifications, ' including custom modifications, to tech computer program and user manuale. t' 8 c 1 B. System. The term „System shall mean software and bar coding -hardware provided to CITY by LICENSOR under the terms of this Contract. M. License A. Grant of License. LICENSOR grams CITY,pursuant to the terms and conditions of this Contract, a nonexclusive, nontransferable 11 User license to use Software. B. Authorized Equipment and Site. CITY shall use the Software at the location (hereinafter referred to u"Site?listed below. Sila 804 Texas Street Denton, TX 76201 CITY may temporarily transfer Software to backup computer equipment at a location different from Site if the equipment is inoperative. 1 C. Restrictions on Use. CITY agrees to use Software only for CITY's own business. i CITY shall not permit any parent, subsidiaries,affiliated entities or third parties to use Software or process or permit to be processed the data of any other party. D. Copies. CITY,solely to enable it to use Software,may make one archival copy of Software's computer program. CITY shall have no other right to copy, in whole or in part, M Software without written consent from LICENSOR. E. Modifications, Reverse Engineering. CITY shall not alter, enhance or otherwise modify Software without the written consent of LICENSOR. CITY shall not disassemble, decompile or reverse engineer the Software's computer program. 1V, Ownership A. Title. CITY agrees to respect LICENSOR's purported ownership of any such proprietary rights which may exist,including patent, copyright, trade secret,trademark and other proprietary rights, in and to Software and any corrections, bug fixes, enhancements, updates or other modifications, including custom modifications, to Software, whether made by LICENSOR or any third party. B. Transfers. Under no circumstances shall CITY sell, license, publish, display, distribute or otherwise transfer to a third party Software or any copy thereof,in whole or in part, without LICENSOR'r prior written consent. i A 7 1 t V. o Confidential Information i LICENSOR purports that the Software contains proprietary infomtation, including trade secrets, know-how and confidential information that Is the exclusive property of LICENSOR. During the period this Contract is in effect and at all times after its termination, CITY and its employees and agents shall maintain the confidentiality of this Information and shall not sell, license, publish, display, distribute, disclose or otherwise make available this information to any third party nor use such information except as authorized by this Contract or upon prior written consent of LICENSOR or unless authorized by law. LICENSOR agrees that any reports, information data or other documentation given to, prepared by or viewed by LICENSOR or its employees and agents may be proprietary and confidential information of CITY and LICENSOR; and LICENSOR's employees and agents shall maintain the confidentiality of this information and not sell, license, publish, display, distribute, disclose or otherwise make available this information to any third party not use such information except as authorized by this Contract or upon prior written consent of CITY or unless authorized by law. VI. Indemnification LICENSOR shall indemnify, defend and hold harmless CITY from and against any claims, including reasonable legal fees and expenses,based upon infringement of any United States copyright trademark or patent by the Software. CITY agrees to notify LICENSOR of any such claim promptly in writing. CITY agrees to cooperate fully with LICENSOR during such proceedings. LICENSOR shall defend and settle at its sole expense all proceedings arising out of the foregoing, including the procurement of suitable counsel for CITY's defense. In the event of such infringement, LICENSOR may replace, in whole or in part, Software with a substantially compatible and functionally equivalent computer program or modify Software to avoid the infringement. LICENSOR does hereby agree to waive all claims, release, indemnify,defend and hold harmless CITY and all of its officials, officers, agents and employees, in both their public and private capacities, from any and all liability, claims, suits, demands or causes of action which may arise by reason of injury to or death of any person or for loss of,damage to,or loss of use of any property occasioned by error, om:ssion or negligent act of LICENSOR, its officers, agents, employees, invitees or other persona for whom LICENSOR is legally liable, with regard to the performance of this Contract and LICENSOR will, at its own cost and expense,defend and protect CITY from any and all such claims or demands. VI1. Tenn and Termination i I A A. Effwive Date. This Contract shall commence upon the date first written above 1 �; and will be renewable on an annual basis. LICENSOR and CITY herein recognize that the 8 t continua'ion of this Contract after the close of any given fiscal year of CITY, which fiscal year +e ends on September 30'" of each year,shall be subject to Denton City Council approval. B. Termination. Each party shall have the right to terminate this Contract and the license granted herein as provided elsewhere in this Contract or upon the occurrence of either of I the following events(stn"Event of Default'): ` 1. the other patty violates any proMion of this Contract;or 2. the other party: IL terminates or suspends its business; b. becomes subject to any bankrupt^y or insolvency proceeding under federal or state statute; C. becomes insolvent or subject to direct control by a trust, receiver of similar authority;or d. has wound up or liquidated, voluntarily or otherwise. ! In addition to the above, CITY may, at its option, and without prejudice to any other remedy it may be entitled to at law or in equity or otherwise under this Contract, terminate this Contract by giving at least twenty (20) days prior written notice thereof to LICENSOR, Unless terminated for LICENSOR's material breach, LICENSOR shall be paid or reimbursed for: (a) all pay points completed up to Notice Date, Iess all payments previously made; and (b) a reasonable amount of work after the NoticeDate, but prior to Termination Date, that was reasonably necessary to terminate the work in an orderly manner. J C. Notice and Opportunity to Cure. Upon the occurrence of an Event of Default, a 1) party shall deliver to the defaulting party a Notice of Intent to Terminate that Identifies in detail the Event of Default. If the Event of Default remains uncured for twenty (0) days, the party may terminate this Contract and tho license granted herein by delivering to the defaulting party a Notice of Termination that identifies the effective date of the termination, which date shall not be less than twenty(20)days after the date of delivery of the Notice of Intent to Terminate. D. Procedure. Within thirty (30) days after termination of the license, CITY shall return to LICENSOR Software and all copies thereof or delete or destroy all copies of Software, except for the one(t) archival copy. VIII. Insurance A. LICENSOR, shall at LICENSOR s,wm expense, p irchase, maintain and keep In force during the term of this Contract such insurance as set forth below. All insurance policies t (!r% r 1 9 t. t ' s i provided under this Contract shall be written on an "occurrence" basis. The Insurance s requirements shall remain in effect throughout the term of this Contract. 1. Worker's Compensation as required by law, Employees Liability Insurance of not less than $100,000.W for each accident, $100.000.00 disesse-each employee, S500,000.00 disease-policy limit. 2. Commercial General Liability Insurance • 51,000,000 Limit. B. Concerning insurance to be furnished by LICENSOR, it is a condition precedent to acceptability thereof that: 1. All policies are to be written through companies duly approved to transact that class of i isurance in the State of Virginia; and 2. Insurance is to be placed with carriers with a Best rating of A:V1l. i D. LICENSOR agrees :3 the following: 1. LICENSOR hereby waives subrogation rights for loss or damage to the extent same are covered by insurance. insurers shall have no right of recovery or subrogation against CITY, it being the intention that the insurance p.Plicies shall protect all parties to the Contract and be primary coverage for all losses covered F y the policies; 2. Companies issuing the insurance policies and LICENSOR shall have no recourse against CITY for payment of any premiums or rssessments for any deductible, as all such premiums and deductibles are the sole responsibility and risk of LICENSOR. 3. Approval, disapproval or failure to act by CITY regarding any insurance i supplied by LICENSOR (or any subcontractors) shall not relieve LICENSOR of full , responsibility or liability for damages and accidents as set forth in the Contract documents. Neither shall the insolvency or denial of liability by the Insurance company exonerate LICENSOR from liability, 1 E. Any of the insurance policies required under this section may be written in combination with any of the others,where legally permitted,but none of the specified limits may be lowered thereby. IX Warranties A. Warranty of Title. LICENSOR warrants 'hat i'has good title to the Hardware sold p rrsuant to this Agreement and the right to sell it to CITY ite of any proprietary rights of any other parry or any other lien or encumbrance. LICENSOR t4rther warrants that it has good title ��' , ar C and III proprietary rights to the FASTER Flcet Maintenance Software to enable it to license its r (1 use to CITY free of any proprietary rights of any other party or any other encumbrance. r I t 10 S r t- I ,: t i B. Application Software Warranty. LICENSOR warrants that its Software will perform free of defects that would prevent the System from operating in the manner described in the Contract documents and any other related user documentation for the version installed. This Warranty shall commence upon date of acceptance by CITY ea defined by LICENSOR's License Agreement. LICENSOR does not warrant or represent that the Software or 1 documentation is completely free of errors and that it will always operate without intern.ptions. With respect to any big or error contained in the code delivered by LICENSOR and reported by the CITY in writing to the LICENSOR within one year of installation, LICENSOR shall design, check out, correct, deliver and install any corrections, updates,modifications, bug fixes, etc. that may be reasonably necessary to correct such bug or error. C. Special Year 2000 Warranty. In addition to the above warranties.CCG warrants that each hardware, software, and firmware product delivered under the contract(s) shall be able to accurately process date data (including, but not limited to, calculating, comparing, and sequencing) from, into, and between the twentieth and twetdy-first centuries, Including leap year calculations, wher. used in accordance with the product documentadon provided by CCO, provided that all other interfaces (e.g., hardware, software, firmware)used In combination Y iLh such product properly exchange date data with it. This warranty shalt apply to Contractor's products as a system. The duration of this warranty and the remedies available to the City of Denton, Texas for breach of this warranty %hall be as defined in, and subject to, the leans and limitations of CCG'a standard commercial warranty or warranties contained in the contract(s), provided that, notwithstanding any provision to the contrary in such commercial warranty or warranties,the remedies available to the City of Denton, Texas under this warranty$hall include repair or replacement of any Contractor-suppIied product whose non-compliance is discovered and made known to Contractor in writing. Nothing in this warranty shall be construed to limit any rights or remedies the City of Denton, Texas may otherwise have under the contract with respect to defects other than Year 21700 performance. X. Assignment Neither CITY nor LICENSOR shall assign or otherwise transfer any right of Interest in this Contract, in the System, or any of components of the System, in whole or in part, to anyone, including any parent, subsidiaries, affiliated entities or third parties, or as part of the sale of any portion of its business, or pursuant to any merger, consolidation or reorganization, including by operation of law,without the other party's prior written consent. Such consent shall not be unreasonably withheld, X1. Force Majeure Neither parry shalt be In default or otherwise liable for any delay in or failura of its performance under this Contract t such delay or failure arises by any reason beyond its reasonable control, including any act of God, any acts of the common enemy, the elements, r earthquakes, floods, fires, epidemics, riots or faily-el or delay in transportation or i 11 I r communications. The parties will promptly inform and consult with each other as to any of the i a above causes,which in their judgment may or could be the cause of a delay in the performance of this Contract. Xn. Notices All notices, communications and reports required or pt milted under Wt Contract shall be personally delivered or mailed to the respective parties by&positing same In the United ` States mail, postage prepaid, at the addresses shown below, unless and until either party is o-herwise notifred In wri ting by the other party, at the following addresses: If to CITY: City of Denton 215 E. McKinney j Denton, Texas 76201 Attn: Cary Tower If to LICENSOR: CCG Systems, Inc. 2200 Colonial Ave., k23 Norfolk,VA 23317 Mailed notices shall La deemed communicated as of five (5) days after mailing regular mail. I X1I1. Independent Contractor LICENSOR covenants and agrees that he or she is an independent contractor and not an officer,agent, servant or employee of CITY; that LICENSOR shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons , performing same, and shall be responsible for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants, that the doctrine of respondent superior shall not apply as between CITY and LICENSOR, its officers, agents, employees, contractors, subcontractors and consultants,and nothing herein shall be construed as creating a partnership or joint enterprise bemcenCITY and LICENSOR. XIV. General Provisions A. Entire Agreement. This Contract embodies the complete agreement of the parties hereto superseding all oral or written previous and contemporary agreements between the parties relating to matters herein and, except a, other vise provided herein, cannot be modified without written agreement of the parties. This contras t supersedes al: shrink-wrap and "click to accept" provisions otherwise provided by LICENSOR t 12 i B. Severability. If any of the terms, sections, subsections, sentences,-clauses, j phrases, provisions, covenants, conditions or any other part of this Contract am for any reason held to be invalid, void or unenforceable, the remainder of the terms, sections, subsections, ser',ar,ces, clauses, phrases, provisions, covenants, conditions or any other pad of this Contract shall remain in full force and effect and shall In no way be affected,impaired or invalidated. C. Remedies. No right or remedy granted herein or reserved to the parties is exclusive of any right or remedy herein by law or equity provided or permitted; but each shall be cumulative or every right or remedy given hereunder. No covenant or condition of this Contract may be waived without consent of the parties. Forbearance or indulgence by either party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Contract. D. Governing Law. This Contract is entered into subject to the Denton City Charter and ordinances of CITY, as they may be amended from time to time, and is subject to and is to be construed, governed and enforced under all applicable State of Texas and federal Ines. If legal action is necessary to enforce this Contract, venue shall lie exclusively in the courts of Denton County,Texaa. E. Headings. The headings of this Contract are for the convenience of reference only and shall not affect in any manner any of the terms and conditions hereof. F. As a matter of policy with respect to CITY projects and procurements, CITY also encourages the use, if applicable, of qualified contractor, subcontractor and suppliers where at least fifty-one percent (St%) of the ownership of such contractor, subcontractor and supplier is vested in racial or ethnic minorities or women. In the selection of subcontractors, supplier or other persons in organizations proposed for work on this Contract, CONTRACTOR agrees to consider this policy and to use its reasonable and best efforts to select and employ such company and persons for work on this Contract. G. Read and Understood. Each party acknowledges that it has read and understands , this Contract and agrees to be bound by its terms, H. Construction of Contract. Both parties have participated fully in the review and revision of this Contract. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Contract. XV. Specific Modifications to CCO License Agreement No. 201 and Attachments A, The second sentence of the first paragraph of section N.A. is hereby modified to read as follows: Customer doe,, not presend1 dispute CCO's assertion that the programs, J documentation, and all information or data supplied by CCG,in machloe readable form are trade secrets of CC(), arcs protected by civil and criminal law, or by the i i 13 1 1 law of copyright, or that such items may be very valuable to CCO,and Customer agrees thct that their use and disclosure must be controlled. B. The first sentence of the third paragraph of secticn N.A. is hereby modified to f read as follows: Customer shall endeavor to keep each and every item h which CCO retains title free and clear of all claims, Liens and encumbrances except those of CCO;and any act of Customer, voluntary or involuntary, purporting to create a claim, lien, or encumbrance on such an item shall be void. C. Items 2,a and 2.b of section N.H.are hereby appended with the clause: "except as otherwise provided herein." D. Section IV.C. is hereby amended to strike the clause"by operation of law". E. The first clause of the first sentence of section V. B. is amended to read "Except for the express warranties made within the contract docurents, proposals and specifications, " F. The first paragraph of Section VI.is hereby amended to read ss follows. This agreement can not be reassigned by either Customer or CCO without the prior written consent of the other party hereto. Any attempt to assign any of tl.e rights,duties,or obligations of this agreement without such consent is void. EXECU'T'ED at Denton,Denton County,Texas,on the day and year first above written. BY PRINT'ED/TWED NAME Gi= o Title WITNESS: E 14 I i CITY OF DENTON,TEXAS BY MICHAEL W.JEZ City Manager ATTEST: JENNIFER WALTERS,CITY SECRETARY i BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUIY,kFT�Ci'1U>�E1' THE STATE OF TEXAS 7 Acknowkdrnent COUNTY OF DENTON § BEFORE ME. the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared known to me to be the person and officer whose name is subscribed to the foregoing instrument. and acknowledged to me that he executed same for and as r'ne act and deed of of and as _thereof,and for the purpZscs and consideration therein expressed and in the capacity therefn expn.-ssed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the _,day of Notary Public,Stati of Texas Notwy's Printed Name My Commission Expires: 1 � ! i is , c THE STATE OF TEXAS ¢ City Acknowledgment COUNTY OF DENTON ¢ BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared MICHAEL W. JEZ, known to me to be the person and Officer whose name is subscribed to the foregoing instrument, NO i cknowled ed to me that he executed same for and as the act and deed of the CITY OF DENTON. TEXAS, a municipal corporation of the State of Texas, Denton County, Texas, and as the City Manager thereof, and for the purposes and consideration therein expt,-tied and in the capacity therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the day of , 14 Notary Public, State of Texas Notary's Printed Name r My Commission Expires: i i i 4 � . a t6 i i Ili . i i p U CCG SYSTEMS, INC* SOFTWARE LICENSE AGREEMENT LICENSE AGREEMENT NO. 201 CCO Systems, Inc. hereinafter referred to as 'CCO", agrees to grant to City of Denton herolnafter referred to as "Customer", and Customer agrees to accept from CCO, Inc. In accordance with the following terms and conditions, a permanent r..on-exelualve single tite license for use of CCO proprietary software as detailed In Schedule A. 1. CCO SUPPLIED PRODUCTS A. Software Designmdon: FASTER Fleet Management System as diagramed in Attachment B B. Support Services as listed in Attachment A C. Othet Services: As listed in Attachment A 11. PAYMENT TERMS Payment is due on all delivered software and services with the following schedule and as described in the acceptance document approved by CCO Sy%terns and Customer • Start of Project. Receipt of Purchase Order Net 30 days 30% of total contract • Satisfactory installation of Software Net 30 days 30% of total contract Completion of Initial Training Net 30 days 40%of total contract • Acceptance of System and Completion Net 30 days 40%of total contract of Follow-up Training III. TAXES Prices and fees are exclusivo of all federal, state, municipal, or other government, excise, sales, use, occupational, or like taxes now in force or enacted in the future and, therefore, prices are subject to an increase equal In amount to any tax CCO may be required to collect,or pay,upon the We or delivery of items purchased or licensed. tf a certificate of exemption, or similar document or proceeding, Is to be made in order to exempt the We from sales or use tax liability, the Customer will obtain and pursue such certificate, document or proceeding. b i r�+ .,A ' , u ! �1� � ` 17 t, v i i N, PROPRIETARY RIGHTS OF CCO eratems, Iao, IN THE SOFTWARE A. THE NATURE OF THESE RIGHTS, AND TITLR Customer recognises that the computer programs, system documentation manuals. and other materials supplied ty CCO to Customer are subject to the proprietary rights of CCO. Customer agrees with CCO that the programs, documentation, and ail Information or data supplied by CCO, In machine.readable form are trade secrets of CCO, are protected by civil and criminal law, and by the law of copyright, are very valuable to CCO, L 0 ' At their use and disclosure muse be controlled. Customer further understar.�s t operator manuals, training aids, and other written materials are subject to the copyright act of the United States. TITLE: CCO retains title to the programs, documentation, information or data furnished by CCO in machine-readable form, and training materWo. CCO does not ret.ln title to operator manuals and other materials bearing the CCO copyright notice, but these items shall not be copied except as herein provided. Customer shall keep each and every Item to which CCO retains title free and clear of all claims, Vena and encumbrances except those of CCO; and any act of Customer, voluntary or involuntary, purporting to create a claim, lien, or encumbrance on such an Item shalt be void. B. RESTRICTIONS ON CUSTOMER USE The computer programs and other Items supplied by CCO hereunder are for the sole use of Customer at their location, supporting only work stations operated by Customer. I. COMPETITIVE USES: Customer agrees that while this license is in effect or while he has custody or possession of any property of CCO, he will not directly or indirectly lease, license, sell, offer, negotiate, or contract for any software similar to that supplied under this license, but this clause shall not be construed to prohibit Customer from acquiring, for hit own use, software from third parties. 2. COPIES: Customer understands that he is able to make regular backups of all programs and data. Customer agrees that while this license is in effect, or while he has custody or possession of any property of CCO,he will not: A. Copy or duplicate, or permit anyone else to copy or duplicate, any physical or magnetic version of the programs, documentation, or information furnished by CCO in machine-readable form. b. Create or attempt to create, or permit others to create or attempt to create, by reverse engineering or object program or otherwise, the source programs, Or ay part thereof, from the object program or from other information made available under this license otherwise, (whether oral, written, llngible, or intangible(,Customer may copy for his own use, and at his owti expense, operator manuals, training mated-Jo. and other terminal copies made for their distribution. � 18 i t• i 3. USE P.ESTRICTIONS: The computer programs licensed hereunder shall be used only on the networked PC's and their associated peripheral units at the rune site. Customer shall advise CCO In advance of the manufacturer and the serial number of the PC's and their site location. 4. INSPECTION: To assist CCO In the protection of its proprietary rights, Custome- than permit representatives of CCO to inspect,at all reasonable times, any toca:ion a' ^hich Items supplied are being used or kept. C. TRANSFER OF LICENSE RIONITS The Customer's rights to use the programs, documentation, manuals, and other materials supplied by CCO under this agreement shall not be assigned, licensed, or transferred to a successor, affiliate or any other person, tiro, corporation, or organization voluntarily, by operation or law, or in any other manna without the prior written consent of CCO, D. REMEDIES If Customer attempts to use, copy, license, or convey the items supplied by CCO hereunder, in a manner contrary to the terms of this agreement or in competition with CCO or in derogation of CCO's proprietary rights, whether these rights are explicitly herein stated, determined by taw, or otherwise. CCO shall have, In addition to other remedies available to it, the right to seek Injunctive relief enjoining such action. E. SINDINO EFFECT AND DEFINITIONS The Customer agrees that this agreement binds the named Customer and each of its employees, agents, representatives, and persons associated with It. This agreement further binds each affiliated organization and any person, firm, corporation, or other organization with which the Customer may enter a joint venture or other cooperative enterprise. The term employee means individual on whose behalf the Customer withholds Income taxes or makes contnbutions under the federal Insurance contributions act or similar statutes In other nations. , V, WAPMANTY A. SOFTWARE For one (1) year following installation, CCO will design, code, check out, document, and deliver promptly any amendments or alterations to the software that may be required to correct errors present at the time of acceptance. This warranty is contingent upon Customer advising CCO In writing of such errors within one {1) year from Instalation as defined herein, Following the warranty yeriod Cu6totr:r may continue to receive CCO's soRwpre maintenance by Customer's execution of CCO's then standard agreement and payment of CCO's then c- rent charge ix such maintenance. f ! /$ H. NO OTHER WARRANTIES f 19 C c. Except for the express warranties stated In paragraph V.A above,C^,0 disclaims all ti warranties with regard to the CCO product sold hereunder.Including all implied warranties of marketability and fitness and all obligations or liabilities on the part of CC for damage including, but not limited to,consequential damages arising out of, or in connection with,the use or performance of the system. VLF GENERAL This agreement Is not can not be reassigned without prior written consent of CCO. Any attempt by Customer to assign any of the rights, duties, or obligations of this agreement without such consent is void. This agreement can be modified by a written agreement duly signed by persona authorized to sign agreements on behalf of Customer and of CCO, and variance from the terms and conditions of this agreement in any order or other written notification from the Customer will be of no effect. If any provision or provisions of this agreement shall be held to be Invalid, illegal, or non-enforceable, the validity, legality, and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. No action, regardless of form, arising out of this agreement may be brought by either parry more than three (3)years skier the cause of action has arisen, or, in the use of non•psyra ent, more than three(3)years from the date of the last payment. This agreement will be governed by the laws of the State of Texas acknowledges that ) he has read this agreement, understands it, and agrees to be bound by its terms and conditions, Furhor, the Customer agrees that it Is the complete and exclusive statement of the agreement between the parties, which supersedes all proposals or prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this agreement. J The source code to all FASTER CS fleet management software is kept at the CCO ll Systems. Inc. offices in Norfolk, VA. An escrow account may be established specifically for the City of Denton with the CCO Systems, Inc, Escrow Agent. A act up fee and an annual malnte i escrow account will apply. However CCO nonce fee for this , System, Inc. In the event that they are no longer able to support, enhance, and further market the FASTER CJS Software, they will make available all source code to all customers who are active and up to We on their support service contract with CCO Systems, See Attachment C AGREED TO: CUSTOMER: CCO SYSTEMS, INC.: ` 13y; By; .rt ._�e Title: Tlue; JJt r _. Date: Date: ' x 20 V 1. CCG SYSTEMS, INC. I SOFTWARE MAINTENANCE AGREEMENT MAINTENANCE AGREEMENT NO* 201 NAME AND ADDRESS OF CUSTOMERS TERMS This agreement includes automatic renewed on an annual basis with annual fees to be established on the then current CCO Systems rate. This agreement maybe terminated by either party having provide"' 60 days prior written notice to the other party. FEE I Maintenance fee shall be payable yearly in advance, The fee for the period beginning it) one year j from the date of installation and ending (1) year following the beginning is •n-••-s"•o. This fee covers support services for the FASTER fleet management system as specified In det" In Attachment A Schedule of services and will not be increased more than 15% In any calendar year, Escalation limits of this maintenance contract price will not exceed a 30% increase over the foreseeable lifetime of the product. Changes In terms,conditions and fees: CCO may change Its software maintenance fees, terms, and conditions upon 90 days written ) notice to customer, but no such change %hall be effective until the current software maintenance contract expires, TAXES AND DUTIES There shall be added to maintenance fees and other charges to this agreement amounts equal to any tariff, duties and/or sales or use tax, or any tax in lieu thereof, imposed b;, any government or governmental agency with respect to the services rendered by CCO under this agreement, COVERAGE The software covered In this agreement Includes FASTER, the fleet management system, and all options/additions outlined In Attachment A, This agreement also covers all ongoing support and training which include, but are not limited to, phone consultation, site visits (when possible), regioned training, participation In the annual users' conference, regular newsletters, bug fixes, and periodic updates to the software, with accompanying updates to the usr r manual, See Attachment D. During the term of this agreeiiicnt, ,:CO will correct or replace software anu/or provide sesvfces necessary to remedy any program.ning error which is attributed to CCO and which significantly affects use of the software. Such corrections, replacement or services will be prrmptly accomplished after customer has IdenUfl-.d and notified CCO of any such error. Customer agrees to prov rte CCO with dumps, as requested, and with sufficient support and list ' time on customer's computer system to duplicate the problem and certify that the-problem has, indeed, been Axed. 21 h u i I Customer shall inform CCO in writing of any modifications made by customer to the software. S CCO shall not be responsible for maintaining customer•modifted portions of the software or for maintaining portions of the software affected by customer-modified portions of the software, Corrections for difficulties or defects traceable to customer errors or system changes Will be billed at standard CCO's time and materials rates. Prices include a time rate of 595,00/hr and materials billed at cost, These prices ara subject to reasonable inc+vases. Any corrections or alterations to, or new versions of, the software that CCO may deliver to customer under this agreement shall be limited to one copy of such software and documentation delivered to the customer. TRAVEL EXPENSE Customer shall reimburse CCO for any out-of-pocket expenses Incurred at customer's request, inctuding travel to and from the customer site, kdging, meals, drlephone, and shipping, as may be necessary in connection with duties performed under this agreement by CCO. PROPRIETARY RIGHTS Any changes, additions, and enhancements in the form of new or partial programs or documentation as may be provided under this agreement, shall remain the proprietary property of CCO. The software programs specified above will include, t•.++der Its proprietary restrictions, w.y such additional programming and documentation provided under this agreement. TERMINATION In the event of,ermination of the software license agreement, specified above, through default by customer. CCO's obligations under this software maintenance agreement shall immediately end. CCO may terminate this agreement in the event of default by Customer, Default by the customer includes Customer's failure to pay the annual maintenance within 30 days notice that the same Is thirty days or more delinquent. GENERAL I This agreement is binding when accepted by CCO Systems,Inc. and the City of Denton indicated by the authorized signatures below. This agreement will be govemed by the laws of the State of Texas. The terms and conditions stated herein supersede all prior agreements between parties relating to the subject matter of this agreement. This agreement may be changed or modified only in writing. CUSTOMER: CCO SYSTEMS. INC.: t By: By: Title: _ ____ Title: r- — — /�� W' Date: Dat ' l' -lags e: - r 22 srasars • 0 U ATTACHMENT A Software F 4STER CS Server Software $ 14,000.00 11 Workstations 13,400,00 Fuel Interface 1,500.00 Equipment Conversion Not to Fimeed 1,300.00 Accounting Interface to LOPS Not to exceed 5,000.00 Total Cost $33,600.00 Support services Annual support sarviess after first year $8,800.00 "set 1"napment I Given the size of your orranizadom and the scope of the imtaltalian,we are reeommend'ng a Project Managernent Teen spprosch for the City of Denton impiemenadon of FASTEF. The Project Team will consist of several profnslonab and will include a project mwgef,an Insalte and a trainer,all of wbem will partner with you during the entire Implementedon and training proses. A description of each activity,is well as the minimum recommended number of days Is listed below. The project manager will be the liaison between the City of Denton Asti CCG Systems,Inc, Project trtanagereent will include both onaite and off-site activities. On-site pre•Implemenadat support Includes,but Is not limited to,definition of any fuaneial system interface re ktrr ettt(required to determine a cost),finalizing the Ne conversion speeificadntu and detemtirdal the tchdoeuhip between your current system and the FASTER eynern(required to determine a cost) a rcO—a of your curter processes,de fin N;the FSTER Table Look-Up codes,planning for the 41p1emeaadon reviewing staff training needs and finalizing the on-site,hands-on training Schedule foe all ctry employees who will be using the FASTER system. Total Cost 13,000,00 letetalletlon Installation of the SoRwere 3 drys at 5730 per day 12,250.00 Travel ani Living Allotment 1,200.00 A. Total Casa 13,410,00 23 MINIMUM c I I T.'dafng 5 days at$750 per dad $3,750,00 Travel and Living Allotment 1,600.00 Total Coats 14,3110.00 Follow tIp Training (Optional- highly recommended) 1 2 days at$750 per day $1,500.00 Travel and Living Allotment 1,000,00 Total Coats $3,500.00 The diagnostics package is a required option that allows the CCO Team to dial In dire;tly to the Denton system to provide on site diagnostics remotely. This procedure has been added in the last year and found to be a service enhancement that greatly reduce@ problem solving time. A phone line needs to be available for the modem which will be attached to available COM ports on one of the Shop PC's. There are no customizations or conversion specified in the proposal. These semees are available from CCO Systems with pricing quoted from defined specifications CODE SOFTWARE & HARDWARE PRICING (OptioZdd Sir Ceding an Interface. Thin software product gives yentering information real- by simply scanning a bar co>LAser rts and labor trarsacUonsrtable handheld can boftware automatically prints bar s for parts and work o Purchase Price , . 0 Annual Support Services 450.00 CODE Training(2 days $75 ) 1,500.00 Travel &Living allotment 1,000.00 Printers Datamax(FAROO)ASlegr u Code Label Printer (203 dots-pe jrinch; ,•Inch labels per second) $11495.00 Labeb (2500Jro11 .9373') Case of 6. 150.00 Rib s bon t i rib 3 ro il of labels® $40 es.) Minimum of 2. $0.00 W, 0. ter - HPW SN Laser Printer $ ,00 Ne Cud 1l/requiredj 3 24 c, c; I 1 I i Dar leaden PSC -HP undecoded laser gun pargcl 1,695'00 PSC 531 decoded laser gun cable 000o 49.00 STI Master 919+ rd Wedge (eorylpuration D54.O2 or ter) $219.00 Wedge Cable Set for PS 'a with new style k connecd'on/smalt a l/TS1O CRr's) or PC/AT ' uAth old a yboard eonnectfom/larpa) $40.00 or WY 160 cable set for Wyse I. RT'e i Handhelds Microwand life Po a Terminal 256K $ 11195.06 Microwand Ho se 295.00 Custom re CCO 100,00 pplag b Handling billed at actual cost i Custominticn Cassbtlitles and CnU I One of CC4's strengths is the ability to provide customixattoa OOIU60U fot the comenion spill transfer k of any information to or from the FASTER system. CCO's IYOdfid cne�esuucamdn aryd ees" software transfers for Poet systems;bat coding systems; P g g systems:word processing applications;and numerous customer requests for special Program. Since cmtomizadoa Is always site•specinc,it is difficult to provide store than an estimate of costs. Once the specifications have been clearly defined,a cost can be finalized based on time and material and I NOT TO f,XCEED quote will be submitted for your approval. Cu lomisedoa costs are$ISO, •day S93 an hour, There Is a 15%annual support service cost foe these customizadons, this will be renewable annually. Flle Coavaniona The time involved in converting existing files to I new 11"10119m Is sitt'spectfk. If the decislon is w made to convert records,CCO will provide I NOT TO EXCEED quote based on your site specific needs. This is I one time fee at$750 a day/S95 an itetir. Ataoun tut Interface Information from the FASfEA system can be ex1 a led to the at tersi Ledger program,if desired. Once r z'te specifications have been finalized,a cost an bo determined'aased or time and materials ad a NOT r 1 O EXCEED quote will be provided for your approval. An"ust support servlces will be 15%of the tw1 cost of the accounting interface, This will be renewable annually. 25 c - , c, i 1 NOTESt 1. All applkadon softwue cats include one set of doeumentadon. Additiaael eoples u' A made at your location of they can be pumbased from CCO. 2. Traiaktg and follow-up tnining an vital to meintetnia a high level of ppmrofkieocy within your opentioa Including addidoat on-site training days In your yeuly euppoet setvloa to ON way to m itnim your steles poteadal. the cat of training/consuldri 6$710 pet day plus travel rod living. 1. Is Is necessuy that when a NETWORKED vmioo of FASTER has been selected that prepaeedon tot the FASTER installation include it fully opentionat network. a I !.'' 26 0 1 t "• 6 u ATTACHMENT.I A FASM "am NOW" 1W N� ysy�y IM M� Iwiw1-JI MMM 17w� = oilMrir M1w+i ►MMwM✓rw I w.i.1 raw rwa.r n.rr AdW YAAN � �FIY f�ww1�11 i LND r I 1 r r t. 27 Cr Atr'achms+nt D h Support services are renewable annually at 20 % of the total software, Interface and customization costs. Our Support services include, but are not llmtted to, the fallowing: ✓ Annual Site Visit ✓ Ten 800 Support Lines- Normal support hours are 8:00 em - 8:00 PM Monday through Friday. ✓ 24-hour support through the use of emergency numbers. ✓ Monthly FASTER News Newsletter. ✓ Regional training workshops offered every year.* National User's Conference that Includes nationally known speakers who are experts in the fleet Industry.' ✓ Free customized reports generated through Global Report Writer. r All new enhancements to the FASTER system. r Ovemight delivery at no sAm charge. r Quarterly For Customers Onht Newsletter. ✓ Annual FASTER System Administrator Training. ✓ Modem access for Immediate troubleshooting and training. , ✓ Guaranteed maximum three (3)hour response time. r CCO Web Server providing Internet access to FASTER Benchmarking f Qatabass and supplemental email, technical support, Information. I I *Nets: A smen reglstrarinn fee Is dwged to detrey out or-pocket expensa. i 28 ( Y L t 1 9-oa Ap*No AGENDA INFORMATION SHEET Dtda w AGENDA DATE: June 15, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Purchasing to Alex Pettit 349.8595 AChI: Kathy DuBose,Fiscal and Municipal Services SUBJECT: AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SER%li GR NECESSARY FOR THE UPGRADE OF SOFTWARE AS AWARDED BY 7111; 5FA7E OF TEXAS GENERAL SERVICES COMMISSION DEPARTMENT OF INFORMATION RESOURCES (DIR); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER 95618 TO SOFTWARE DEPARTMENT — DEPARTMENT OF INFORMATION RESOURCES (DIR)IN THE AMOUNT OF S29,560). BACKGROUND: This purchase order is for the software license to upgrade the City of Denton's primary workstation software from Microsoft Office 97 to Microsoft Office 2000 Professional and to upgrade from Windows 95 to Windows 9F. Rf C,01ih1 RYDATION: { We recommend Purchase Order 95618 issuco w Software Dept— DIR be approved in the amount of 529,560, ESTIMATED SCHEDULE OF PROJECTS r � The software listed is available in 5 to 7 workdays and Installation will be phased in over a 30 day period, FISCAL Purchase Order 95618 will be funded from the Long Range Technology Plan account(771.044• COMP•9847.9107). PURCHASE ORDER INFORMATION: This purchase order is for the acquisition of too ctVies of Microsoft Office 20M Professional and 8o copies of Windows 98 upgrades. The enhanced stability of Windows 98 and the new and added features of Orrice 2000 will improve our overall productivity. The prices are taken from the DIR Price Catalogue published by the State of Texas General r� Services Commission. c, I I,II 1 AGENDA INFORMATION SHEET JUNE 15, 1999 PAGE 2 OF 2 Respectfully submitted; ' r Tom Shaw,C.P.M.,349-7100 Purchasing Agent Attachment 1: Purchase Order 9561 g to Software Dept.—DIR Attachment 2: DIR Price Sheet I Order Forms "2v.AGENDA , 4 . I f ' L• t i PURCHASE ORDER NO. 95618 RM IS O iiaX This nwnber rmsl ppsr on ao CONFIRMING ORDER Mveicts, delivery slips, costs. (IF MARKEDI close, boxes, pubinp slips and hors. DO NOT DUPLICATE y 41 No Bid Na Dole 05 28 99 Pepe No. 01 CITY OF DENTON TEXAS PURCHASM DMS10N 1 901- XA 8 TES SW I OENTOK TEXAS 7'6201-4364 9401349-7100 D1FW METRO 8171187-0042 FAX 2401342-7302 NDOR SOFTWARE DEPT - D1R Volt ft City of Demon's 'Nebsite at wwwNtyofdentan.tan 1ME/ P 0 BOX 13564 DELIVERY COKrINNATION ONLY Cil JORESS ADDRESS IXFORNATION 8ERVICES AUSTIN TX 78711 601 E HICKORY DENTON, TX 76205 NICOLE VENDOR NO. SOP49055 DELIVERY DUOTED 07 01 99 FOB DSSTINATIOK BUYER DX TERMS ANNE )01 100.000 EA VENDOR CAT. # K / A NFO NAVE 2004000 20, 000.00 CITY # 9100 MICROSOFT OFFICE 2000 PROrESSIONAL UPORADE FROM N8 w OFC 97 PROF 102 2.000 EA VENDOR CAT. # N / A NFO NAME 24,000 48400 CITY # 9100 NS OFC 2000 PROFESSIONAL CO 103 1 .000 EA VENDOR CAT. # N / A MFtl KAM$ 22.000 22600 CITY # 9100 NS OFC 2000 MANUAL 04 80.000 EA VENDOR CAT. # N / A Nro NAME 846000 6020.00 CITY # 9100 WIN 98 UPORAOE P tlE TOTAL 1 26,740.00 t .. .... _.......... d... .eef" A MStUTi0N9 I. terms Mel I6 u 1 oN f 41101x41 1e+eb1 sn1A tlliFW* tom. 4. SAI1pin4 MIYuc11MK Co I OeslimiM ksFdl " ��'•�" Mwm.,l t, bili h Aattsml F +I4 f. No feNrd N state uhf we 041 Is ww wiN s If{ E, lf1 M Hint billet Doman, TN„il!_Itil,.,,,,,,,., r , c� THIS IS A XXX PURCHASE ORDER NO-. 95618 No This nurnWr nwst ppsw on ad OF AIAAICE01 invoices, delivery 0i eases, DO NOT &KICATE class" !axes, packing slips and Side. tea No: Sid Na Date: 05 28 99 pope No, 02 CITY OF DENT$W TEXAS Pl1RCHASMIG OMSION 1 901-8 TEXAS $ME� 7 OENTOR TEXAS 76201-4764 9401349-7100 O1FW AAETRO 6171261-0042 FAX 940/549-7502 NDOR SOFTWARE DEPT - DIR Visit the Coy of Denton's Wel/de at VNVW.eltyofdlnlotteom kMEI P 0 SOX 17564 DELIVERY CONFIRMATION ONLY C11 ADDRESS INFORMATION SERVICES ]DRESS 601 E HICKORY AUSTIN TX 78711 DENS•:':' . TX 76205 NICOLE VENDOR N0, SOF49055 DELIVERY CWTED 07 01 99 FOB DESTINATION KM DH TERMB 105 10.000 EA VENDOR CAT* i N / A 1110 191 .000 1,810 .00 FO NAME r CITY 1 9100 ah WIN 90 FULL PACKAOE 106 10,000 EA VENDOR CAT, 1 N / A MFG MAKE 96.000 960.00 CITY 1 0100 WIN 99 UPGRADE PULL PKG ME TOTAL t 7, 770.00 01111,11111) TOTAL t M560,00 01 771 044 COKP 9847 9107 79x560.00 A rlpOpyl MISTNUtTIONSw 1. leans Net 16 W.m .e.•�,. 1. Seri 1rIF,r1 Mnlci Wei, iwiiig 4. I kykuct dens I.O.6 Daatlall;" ItoNaIA IN.0 .ghrMlx tough") I !, 6i1 u • AetINlMit F '; L No 1I al M IIeI1 19e1 tea iMll be 11KhW1 ".' M prices lids4 �ay,�1.1t1�, „ .,:, rrrrrer c• u ATTACHMENT z ti Microsoft OfQcs Products (5101199)(HU9) IPIIcot 000d from 3101"Ulu 3131111) 1o11wArE prDMmanl W ParllnaA W MAxrMbn Rnewc►a ►,O.Son 11744 POF. Aw1UL Toga 71711 M'Mna 1l ItIMO3a71J Fa%jS12I4754r07 FOR OROIR STATUI Otl0001111 ON TM WIN:WINKTUAS,IM CON FOR UPOAT90 OROVI FORMS ON TH1 WIN;Wm,DM.STATI.TILU1 Lkma . M► UM M' 1M "hft IIA' CD ROM vm" cwvp. ho" Uwd Da9cHPlbn MIm.dM YvV Mrwk MrwM D41a UPMd tot" U00 "M1 dll YI1M Mt APO rmnaLl PT 12!1 C& C !9 1'919 OAa Pwnurn 7000 11la1 I N6e wA I WA WA tM 3164 I 13X It 1317 MS bola FnMnm17000 M► 1 1271 1 1710 177 WA WA rS2 {700 Sm 160 17 00 r4101mN"vd7000 1777 tt13 127 WA wA Slit SIPS WA 1139 1176 1137 137 wA WA 1417 1451 1271 10.56 wA wA 127 177 tro wA wA wA WA ORk4 M IMO LW~ Mf bona Rolnvanp U IV$ 1771 447 N2 W 1200 1237 1 110 1700 vnual 7nM 011k IIE-2,a or WA WA {71 177 111 124 NNA WA WA WA OM lkM1N WA 110 WA WA 124 WA WA WA MIC1010"WINDOWS'Iha 0lAca Da..td.7a011ka. 7 1 Uma P•o�! 1770 1271 s36 WA 957 WA 62$1 t 160 1711 ' p iR ORrca ArJra47 1731 6197 !3] 121 141 124 IH7 IM2 WA 1117 Noa10.t,w I O,Fo 4%01401 MICROSOFT MACWTOSH APPLICATIONS r4l borma PlfafManMM 1276 J72n I 177 I W I NA 1 146 1 1731 WA 960 tAl �raFe IOb W4 Fv� Maaan bonaON Ala 1727 1112 War WA WA 124' 1192 WA wA 1112 a Ifou��an r TOTAL AMOUNT FOR TIM/ORDIR J )r ' S i' I]I ..1.NO t1pg11. O..OnDtbn a Ilo1 MAnuH AM Ma kI P.1" 61M CO AOY (ULAN oil WIM Ya1M l.hn0r4 twit 41641 M.nu H. Wn.06 14"s .06rA4.;rq ADal Antl 1 MICROSOFT IN SN APPLCATIONS .$ wn Wm095 n. nrrt. 1115 b1 622 NA JkA {24 tea M.a;mA Y Mpa.uA l.cw 241r 0Ya 4155 a41 122 /4'A 124 lee MMMIU.n IN .bewA.w.,P.N A wntM 6455 tat 122 KA N4 191 D•a.H Aa u art 12:1 1129 121 wA N'A 1114 P. 131 121 121 PIA 124 673 x'nlnAn Oil I r,.S Pnnl0p.r0 ona 551 150 121 NA NA !N w'A MMMrXn Y �� MICROSOFT +. N nwA wraeDnM 0ic. 1151 1 MP 41 OVA 621 KA 491 Ns D0$ arr MICROSOFT OPERATING PRODUCTS 'Ax1vwA ms 001622 135 K'A 471 an H7 Ad %A utprw. Orr Lb,"aA At,,W.A 1,1 rr<. Nt 4113 924 111 911 NA 41 11r VOOAdI wAam AM Rw III 6117 Ill NA 121 wA 477 'A..A4rdp13 It !]h W Let AAXwYA AM 0Y6 122 NA 111 NA 121 KA ILA A,Ag.%m 1 I I h110. r M;ooarA W;MtWY W Ccyrtll nr¢4 a4 1171 622 172 4t 424 ft M L. &r04 wna+..Nt ASH 1161 1171 a7/ IM KA 1N K'A AMMMtM 4 0 CumD L'o21� 1"uvuluA wnmm NT y 1199 1,31 124 6.V NA 124 wA Ar%Aw 1 D V.M upW,.uA*on.AT o. 1225 K'A NA WA wA N4 K4 AL..H.MA A a AA atlL<AAt"rXVll wham MrA4w ieA 4131 177 {77 117 111 NA n,np1.,11 pw.pr w {141 NA KA NA w�A N4 K'A R1 L< oMA AAIXX 1011 Y Nmp4 uoprAa.IUtrxA . a1! KA KA wA KA WA wA 60 vd L< d.u.ANOw 1014r I0 it MICROSOFT aACKOFFICE PRODUCTS rA,•n'M e..o... a;r. 1 11247 1 1541 11T 42 NA 637 AA19.An1 r 91Tr Al -xY Sa•.ne11NwA011;ta In.. AAA %A NA NA KA N'A 11eq S."r 41 1.VHDX YY IA<ruMM lw.Oe.. aM K4 44 KA AA ALA wA atoll VMrM 1I P.a,YH 111VfrA '21Y SIw r1 �IxYOp. .'rrr NA 44 NA NA 4 K4 431 3.rw.4'.M.•r.vl^YX hY 1 $113 121 KA K4 KA NA w9Abw i.'.M 11 C�MIAI'I'NAl< rOY nA.nXM 6�A0Mr. nv♦ N'A x NA AAA KA NA stop 1.rM 15 CAL CXn t,4 UN T.r LAI~1^60" 11 Mr. A NA N'A NA K 1111 A A C AL a I1111 UNA %An 574 11, A""M 0.:.c*,. n.Y N4 NA NA 4 NA KA 141 Sb v A f CAL"Lid VMJ'0'53t >'1 tw<rMOA 4ArrOpt a.'. NA NA NA NA NA KA am 1"'.A 4 CAL wi"'X JI. w.rrrwn AUni.A Vr avr 4A71 1111 132 w NA W 1202 Y.rvM r O 'TI � AMA,AT S1+r An 621 114 44 NIA 44 NA 111 nmrx :..I A, q.t 11,M 71 %I 'r.A A,w.r 41 61 194 1 41 N# NA 117 11 751 SMYA A O r^irG^Y 'iry .. V LA A"'...nr 10 T. 6171 NA 171 44 44 in Said I mv.AO 7y ' rp•6 H 1 C U Msnwlwn MAM.Ma 41 MN� MM�.W YwriE IOW COO" Ww lw�"sn OAA iw wM NMI McmnA MiOOnI 47 971 WA WA WA WA WA NA . Srr.r TI 0 A 0 CAL tw OMw10 Rv 5310 Ntt III WA WA 171 {701 rM YM�eo.s A7 OM Sw SMVw CIMn A¢va RrI 170 in WA NA WA WA 170 renr.11 OM Ml ewiMa MmrfAm.m 1173 0107 537 WA WA 174 000 SrMJObwMmn Nt r Sp1Ams MAnWAma•A 171 170 WA MIA WA WA WA Im so.w to Cla/A�nr Le. r Mead fa SV.Mra RrJ I41 1701 "I M'A WA SN W7 �M brmM1 M} Sp NMe CW'1A¢aI MtEM N/ 643 WA WA WA WA 547 MOW SrwrJO fAW SIAI 170 WA WA N7 1312 ,,S5mI MIO RtI 11,713 11.{11 p1 WA WA W ILOq WS W 5~10 CAL AA in IN NA WA WA WA WA KMOS.Wlt Rd ing WA so WA $41 WA U31 l.mr-w 4nwft {770 1110 . N1 WA WA W f711 I. Ea vp CMm 00 Rce 117 W WA WA WA WA 531 ,MIWr s.n.ee RrJ 11,071 1711 WA WA WA 177 1007 V A C.swVMA 400 6491 wA wA wA 171 'WA -NA Mf Arur 1r I1 !IN {Mt WA WA WA III 5311 4.mM"W CO Rq WA VA WA WR 110 I WA W.Aand rhmleA m"10 CO Ria WA WA N'A WA WA 04 WA LnM hm Mry W"OR WA*Co WA wA WA WA WA SII WA J M"0n TOTAL AMOUNT PON THIS 0110G d you art ordering an u"Fadt Ike,Did you rtmtmEe t 0d In erAN you are upmmding tram SMO W ;MW G IUetl addrq/l Ywolce To'. CIT I Do-DC 711 _ N1 t1I� ftv bet i. 14 1CAa4Ap . AMItTdr A _ odAim Tst 041tef _ 4,wF""NM ZAINO Arilly r0(I 44.1 SS,y Ce,m w.,Mw7.+owmMlA."" Imo AIMAII: SY Ar�tAtiQ CST+tief'atAAfA,esPA re a flTielwl � r^1 m e n MipA YOU KIuMI tkNMM WOMAL ' Am&tfv M It.0"M It 10TH wtkN IdWA11low"A.ofth IN mAHNdM m OPMAMI ft" / r r /qf'J of 1 i c I i i i I i ORDINANCE NO. AN ORDINANCP AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES NECESSARY FOR THE UPGRADE OF SOFTWARE AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION DEPARTMENT OF INFORMATION RESOURCES (DIR); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 95618 TO SOFTWARE DEPARTMENT —DEPARTMENT OF INFORMATION RESOURCES(DIR) IN THE AMOUNT OF $29,560). WHEREAS, pursuant '.a Resolution 92-019, the State Purchasing General Services Commission has solicited, re.elved 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 accepts! herein; NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbered items in the following numbered purchase order for materials,equipment,supplies,or services, shown in the"Purchase Orden"referenced herein, are hereby accepted and approved as being the lowest responsible bids for such items: PURCHASE QRDF VENDOR AMDM 95618 SOFTWARE DEPT —DIR $ 29,560 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, i supplies or services in accordance with the terms, conditions, specifications, standards, quantities As 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, 6 . t fl i SECTION III. That should the City and persons submitting appro�ad 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,the City Manager or his de�patal representati,te Is hereby authorized to execute the written contract which shall be attached hereto; provided that the writum contract Is in accordance with the terms,conditions,specifications and standards contained in the F.-oposal submitted to the General Services Commission,quantities and specified sums contained in tl.e City's purchase orders,and related documents herein approved and accepted. SECTION IV. That by the act-eptance and approval of the above numbered items set forth in the attached purchase orders,the City Council hereby authorizes the expenditure of funds therefor In the amoant and In accordance with the approved purchase orders or pursuant to a written contract n Lade 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 , Im. JACK MILLER,MAYOR ATTEST, JENNIFER WALTERS,CITY SECRETARY s BY: . a APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 93618-PO STATE ORDINANCE At i 9 r ApMtdl 93 AGENDA INFORMATION SHEET d� AGENDA DATE: June 15, 1999 Questions concerning this acquisition may be directed DEPARTNIENT: Purchasing to AIex Pettit 349-8595 AC%I: Kathy DuBose, Fiscal and Municipal Services` ] SUBJEiCTt AN ORDINANCE AWARDINU A CONTRACT FOR THE PURCHASE OF MATERIALS, SERVICES OR SUPPLIES NECESSARY FOR THE UPGRADE OF NOTEBOOK COMPUTER INVENTORY AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH QUALIFIED INFORMATION SERVICES VENDOR (Q1SV); PROVIDING r'OR AN EFFECTIVE DATE {PURCHASE ORDER 95619 TO COMPUSA IN THE AMOUNT OF S)5,118.64). BACKGROUND: I This purchase is for notebook computers to upgrade the capabilities and speed of our existing laptop units. The existing notebook computers will be reassigned to other users to provide the most effective use of the resources. RECOMMENDATION-. ' We recommend Purchase Order 95619 to CompUSA be approved in the amount of$35,118.64. ESTIMATED SCHEDULE OF PROJ .CTt Delivery is estimated to be 7 to 10 da)s after receipt of a purchase order. FISCCAL.INFORMATIOM Purchase Order 95619 will be funded from the Long Range Technology Plan account (771.044- COMP-9847.9107), PURCHASE ORDER INFORMATION: This purchase order is for the acquisition of 15 notebook computers and peripherals. " They are to be assigned to those users needing the upgrade capabilities of these faster more sophisticated portable computers. R s ctfclly4submitted: Tom Shaw,C.P.M„ 349.7100 s Purchasing Agent Attachment L Purchase Order 9:619 to CompUSA j Attachment t Quote 74238 CompUSA 011 nnUDA 1 t c; a PURCHASE ORDER MO7 95619 IRM IS A This number nwnl 6PPeu on ep FMS DR�R Invoices. delivery slips, cases 11F MARKED► tint, boxes. Pecking 6606 and bills, DO NOT DUPLICATE LJ pea Na Bid Na Deb: 06 01 99 Pepe No. 01 CITY"WSWO Or" 9001 a DXXAnS TON TRiEf I OEWON, MUS 76201-4354 4401349-1100 DIFW METRO 6171267-0042 FAX 9401349-7302 :NOOK COKPUBA INC Visil 9N City o1 Donlon's Webelte e1 www•eiryoldemlone0n SME/ 2325 SOUTH BTENNONB 1504 DEUVEAV CENTRAL RECEIVING 811 AESS VISTA RIDGE VILLAGE ADDRESS 01f ,)D ORNRTION SERVICES 901 B TEXAS BT LEWISVILLE TX 75067 DENTON6 T% 76201 THOMAS DANIE--11590 VENDOR NO, CONG2700 DELIVERY OUOTED 06 I5 99 FOS DESTINATION SUPER TB TERMS LIME )O1 10.000 EA VENDOR CAT. 1202409 Mr0 MANE 04.650 046.50 CITY / 9100 BONY 505 EXT SPEAKERS )02 10.000 EA VENDOR CAT, 1220673 MFG KANE 16741.940 17.419.40 CITY 0 9100 \ SONt 50576 P30OX 64/4. 3 10 FOR VA10 KOTEEOOXB 1 103 15, 000 EA VENDOR CAT. 1196163 MFG KANE 241 .940 36629. 10 CITY 1 9100 BONY COS 4X CORON PCMCIA FOR VAIO NOTEBOOKS )04 5 . 000 EA VENDOR CAT. 1226672 MFG NAME 26176040 100601 .70 CITY 4 9100 BONY Cl P266X 64/4.3 0. 9 IN VA10 PICTUREBOOK NOTEBOOK P 06 TOTAL 4 326776.70 l yEtA00 WSf11tllf10N>k.__� _._ 1 forml - Nei 30 twill .e..x. .e..M.es 1 pill YIpMrY NMIN FAtlI IyIM6i1 t 4. INpolM InsirKiiort FO.11 OvIOM lm ►rsA .4 Owl 010"" pro b • Ac!`11 r L Ne fshrel N 1!611 tool Mx IMI 11 IntlluuMl s .TI • M pried! IINs& moo TX „ 1�4t11•,,,• , i A PURCHASE ORDER NO. 95619 THIS IS A TNo number must oppor an an CONfIRMAR ORDER invoke, daiivary dips. Haas. Of Al!UKEDI ctns., boxes, pocking slips r+d bins. DO NOT MKICATE Rao Na 1M No Dais 06 01 99 papa N0. 02 CITY OF DENTON TEXAS "CHASM EWIS10N 1 001-1 TEXAS st11E£f I OHITON. IVA$ 76201-4354 0401349-7100 D1FW NNTRO S1'N267-0042 FAX 0401349-7302 ENDOR COMPUSA INC Visit tM City of bonton's WObske at www.eny01dam0ntom LAME/ 2325 SOUTH STSNMONS 0504 DELIVERY ClNTRAL RECStVING all ,DORESS VISTA RIDOS VILLAGE AMSS INFORMATION ORRVICES LEWISVILLE TX 75067 901 8 TS%AS ST DlNTONx T% 76291 THOMAS DANI9--11590 VENDOR NO. CON62700 DELIVERY OWTED 06 15 99 IN DESTINATION km T! TERMS I 006 1 . 000 EA YBMDOR CAT. 1167178 MFO MAN! 2x341 .940 2x341.94 CITY 1 9100 w XIRCON STH 10/100 ADAPT - 20 PACK QUOTE 074239 i } s p OS TOTAL t 2041. 94 OR MD TOTAL t 3!!x118. 64 01 771 044 COMP 9847 9107 36110. 64 u 1 TNnri • Nei 20 OAH to"" y«md) YFN00 MISTAlICT1011R ' ' 1. F)JW4 iettraatbnt 1.6.1 Oattbrilok Woo .>w".w "NtN1) t. iiN M rwN64 6 Na 1"Vol w tun Wks u, OA N Inetvhf In ptieU fill" a f ! 4 aTMaruMCUm r mr rr YOURTUTAL SOLU'VIONS PROVIDER... Tm � Corpontt,Gotrernme04 wd Edutldon Sated sT0llirt Nrtiuh»IJc7toLtLgCuitca • h�.luut7dmtivu6MrilaLVLtr • Tsulu� rlArsmatsac►wpnw • FDI a flect+enle Commute + Ioft+yrs St 3 @A+'v4LlcwUy + Nn+rrWry!Wu4rets14wrle6s r (rmrS 1i A PC r I wlog R 1:Iri hlr►rymrnt OrBM4 r TrfN Reran A r1141AM Help IleAlr OT411C31 I MY CAF DIrN11:tJ Order ! 000/7408 N sirx13ll7d7 ♦INTACT t JM AMW AT7N1 /i70iAM PhWh b rmon L (910)390 7262 215 e. xytam Axl a (940049*11 Dlow . Tx 79201 DATIISLr2WTTM. 09109 QUOTENG 14236 This Qeetc VaW fet 30 Days PRODUCT AND PRICWO INFORMATION coot PRODUCT DWA3►7toll gnA11Tt7y roses IN? #119111 331341 MPG WIT 1100011 33Rft1 1 f,il/.►1 1,711,!3 131073 /Orr MII PS►0Y 1414.3 t0 11 1.741,01 17,411.01 311471 4011y C7 P11411 404,1 1.020 1 2,171,14 10.111.70 111113 dolly Go$ ton oDDom rOMath 30 l4l.94 1.11!./1 211210 ArxC swo. 1011006'rx ADAM t0 1 1,341.!1 1,341.14 1A nn11 f w n �4 n S: i I If you NAVA Ary TIAAf AMA rAOArAl"c Mhia quota, please eeDtaat QwuTetal: 1323,3'/1.37 T?10W DMIM fLEW19VILLt1 0hea6e 1070 410.3331 1'aNl 1!77)419.1711 ei1Lt Cim 1e.r ifl Le a1dcJ 6t tIA t4ue v<stdYp144.1 LareO wi OK MMDt1AA rTYPAR rf.A,ammN 1q}1 figA1T/, ?RATNiNII iy llhs of del►t elusY rAi►►4/. $%fu Tan till l6 slle4whtts r011 TMorMT:00 Ple"I C>,t.L t 13141150•3110 sp►ltuDla lr r Tle sLw 4 IBn iu'.a culuyx.ttA!nicer is t r6fiJ Iw tlil4 yuute wdy r � f�\ rlt6 tho rr�.((ry LM of cugaaA so ovic orc NIWA W44 w few 1644 trtrer MtttLnr K raMYt1N rate #onset 46 ANr rr"m at rw m w1/ or pr«tar!W 6010a. $w w& 4e9161m 611 tasru.olw, iot"fr►of LAl1te1, Ask too►M 4o W fw 1046, 1AcluLN LMltel.a Wind 0 Yrc6u•JLLLq' mA ftt+.+1 !et 6 MA1Wu' ".is. %%M Art00.A aNi1+61A, 460AW MIt yor Silel Hof a "WiGa wars tairlto 0 It`Y�MN,04 All We of 11"34/a11iw`r at tine 40ftlliwwA &wUn l THANK YOU MR THE OPPORTUNITY TO DO BUSINESS WITH YOU 4 t i ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SERVICES OR SUPPLIES NECESSARY FOR THE UPGRADE OF NOTEBOOK COMPUTER INVENTORY AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH QUALIFIED INFORMATION SERVICES VENDOR (QISV); PROVIDING FOR AN EFFECTIVE DATE(PURCHASE ORDER 95619 TO COMPUSA IN THE AMOUNT OF$35,118.64). 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 1. That the numbered items in the following numbered purchase order for materials,equipment,supplies,or services,shown ;n the "Purchase Orden" referenced herein,arc hereby accepted and approved as being the lowest responsible bids for such items: PURCHASE ORDE VENDOR AMOUNT. 95619 COMPUSA $ 35,118.64 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, 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. 4, , S c cl I a SEA. That should the City and persons submitting approved and accepted items ad 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,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 and ftandards contained in the Proposal submitted to the General Services Commission, quantities and specified sums contained in the City's purchase orders,and related documents herein approved and accepted. SECTION 1V. That by the acceptance and approval of the above numbered Items set forth In the attached purchase orders,the City Council hereby authorizes the expenditure of fluids therefor In the amount and In accordance with the approval 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 11999. I JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FOPNII: HERBERT L. PROUTY, CITY ATTORNEY BY. 93619-PO STATE ORDINANCE i 6 h s; Apetttla<NO.. r AGENDA INFORMATION SHEET AP* Dane AGENDA DATEt June 15, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Purchasing to Alex Pettit 349.9595 ACNI: Kathy DuBose, Fiscal and Municipal Services SUBJECT, AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR CATALOGUE (QISV); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 95620 TO NTCS,INC.IN THE AMOUNT OF $43,960). BACKGROUND: This purchase order is for tb^ replacement high-end workstations for the EngineeringlGIS Division and for addition of 10 new workstations for the Fire Department to cover staffing increases. RECOMMENDATION: t We reci mmend Purchase Order 95620 be approved to NTCS,Inc. In the amount of$43,960. ESTIMATED SCHEDULE OF PROJECT, The listed equipment is available For delivery with seven workdays oiler receipt of a purchase order. Installation should be complete within 30 days of receipt of equipment. , FISCAL INFORMATION: Purchase Order 95620 will be funded from the Long Range Technology Plan account (771.044- COMP-9847.9107). 1 PURCHASE ORDER 1NFOR,NIATIONi This purchase order is for The acquisition of five high-end workstations. The Compaq AP500 P3/500 M1IZ Workstations with 31) Powerstorm and 21-inch monitors will be assigned to the Engincedng'GIS Division.The 10 Desk Pro 400 MHz with CD-ROM and VSS 15"monitors will be assigned to the Fire Department to cover staffing increaw, The prices are taken from the QISV Catalogue published by NTCS, Inc. QISV catalogue are approved by the State of Texas 11encral Services Commission as complying with State of Texas i Al competitive bidding laws. i �I I i AGENDA INFORMATION SHEET , JUNE IS, 1999 PAGE20F2 i I Respectfully submitted: t:�� kQ–-w–s–---— Tom--Shaw,C.P.M.,349-7100 Purchasing Agent Attachment I:Purchase Order 95620 to NM,Inc, Attachment 2:QISV Price Sheet Attachment 3:QISV Certification qN.AGENDA J 2 i THIS IS A PURCHASE ORDER NO: 95620 COIFIRMN9 DRDER This morbsr Mwt ppow on A (IF MARKEDI Invoices. dsnusry slips. tats! DO NOT DUPLICATE tins., boxes, pbekkp SUPS end blps 44 Bid No Dft 06 01 99 Pas No. O1 CITY OF DENTON TEXAS "CHASWO DIVISION 19ol-I TEXAS /W I DENTOK TEIIAI 16201-4164 9401349-7100 D/FVV METIIO 917/267-0042 FAX 9401349-7302 NOOK NTCB, INC. V1Nl dv Clty of Demon's Webdte at INA 01YWOM110MCOM r• 1MEJ NTCS (DENTON) DELIVERY CENTRAL RECEIVIMO 911 )DRESS 3601 I-35 NORTH SUITS 126 ADDRESS 1ORKATIOS SERVICES 90 DENTON TX 76207 901 S TEXAS 8T DEMTOM, TK 76201 TROY TUONEY VENDOR NO NTC49100 DELIVERY QUOTED 06 15 99 f06 DESTINATION km To TERMS 101 5.000 EA VENDOR CAT. 1 M / A MYO NAME 41646.000 221730400 CITY 1 0100 w COMPAQ AP500 P3/600 M112 WORKSTATION W/3D POWERSTORN 300 AOP, 9-160 WU2 SCSI ROD, 32K CO 102 5.000 EA VENDOR CAT, 1 M / A K/O SANE 904.000 41620.00 CITY 1 0100 CONPAQ V1000 21e NOMITOR WORKSTATION rOR ENOINSERINO (TONY SMITH/PAY KCLEBTER) NTCS QUOTE 1 10542 103 10.000 EA VENDOR CAT, 1 M / A KYO MANE 103704000 13000.00 CITY 1 0100 CPQ DPEPP2/2401 64NOt 10 001 32KCD W/80UMD P 0E TOTAL t 401910.00 , , r , ••• 1 1UrtU Net 11 44111"M k1,M1/J �EIQ011 tY� 4. 1A Inf b+Yautl6 t F,OL Call"14A s 1 will .1u.w yulxu 11 " Ao 1 NO hied K I144 Isles as sw 44 N+eh M1 MA x M Frka 1lnst U i AURCHASE OMER N0: 95620 iFMS IS A This number mutt ePPur on stl MAJIKIIII kWolceL delivvy dips, cuss, L I ant, boxer, p&64 shpt end bllh. NOT gU'i,.ICA1"E Rea No Did No. Oster. 06 01 99 PW No. 02 C" OF DENTON TEXAS PuMCHASNO W41ON 001-N T2XA6 87MNE� I DLMITON, MAN 78201-4364 9401349-7100 O#W WA M0 6171267-0042 FAX 9401348-7202 ENDOA MTCBr INC. %As" 0U CNy of Denson@ WAsKs K wvvw,eltyoldenlon.o0m ENDO MTCD (OBNTOK) DELMAY CINTRAL RICNIY2NO 01 1 DORM 3801 I-35 NORTH BUITN 126 ADDRENN 901ORNATION DBRYICBA DEKTON TX 76207 901 B MAN BT DBKTOMO TX 76201 TROY TUONBY TN T VENDOR ND. UTC49100 ORNERY 0LIM 06 15 99 f0'i 089TINATION lUYEIt o04 10.000 NA ; IeIKOOR CAT. 0 N / A Nr0 KANB 226.000 2,260.00 CITY 1 8100 p Y55 i5" COLOR MONIOR 005 10.000 BA YBNDOR CAT. I N / A NPO KANB MOOD 760.00 CITI 1 0100 NBTTBLIOBKT 10/300 TX POI INTBL CTR PIRB DBPARTNBMT NTCB QUOTE 010542 w MI TOTAL 1 30010.00 OR MD TOTAL 1 430960.00 pl 771 044 COMP 9847 9107 420960400 c. wyY�1 !, TsreH Na 11 � .e"w w«+uu VI P pyM �µj� 7iY:, 4 lN beMl MavrcNMC F.O L OtMkOtwn �r�I1 u+H. .e«. w«e.a 1 HI y . `k 6, fN I0Nrd w iM Well Ys fMN N I�IuNI I 7." M MbN LAIN c 1211' Cotdog •t.ompeq lh:Jktops `�°` ` v� NTCS, Inc. VID 41752457404700 Q[SV Ordering Address: 4 38011-35 North ►wile i26 Denton, 'Texas 76207 This is it true and accurate copy of the cateloSne approved with the General Services Comm1woe, Effective Date of catslogtleo June 11 1999 Return to GS(6-%$Y ULUA,' lte tO to NCC—S Inc.Ilatneage- kA N Cgmpaq DeskloQi Cate o Sub ro ury Maatdsctrrer PoKrlption �par< i'riee LillPriee 6 h' CateSory __.� �..�.. m rM anipN C1~ Na� u aA 31n&4 1 1 H16a !01 B 1r�MenL Ar Irt Nlrrx�wp lem A�rfi�1CL1Yt "I , Crwpe Qs}�e�tl.rl rm ulNN JJat►NI 11111,10 111 ,p P"A Virq 1 40 lM CW W INrAN N11N1f1 J 1llN Phn ilwJwim w1 111 NIW CMPN 'AMKYSIMq"CrNrNNAH JIl1l1-0M lIN00 mord: r�wJ CO"44 ArrM4n AAWAMC MOW en" c Inp:l!www,nlm-tae corolgistaeJklopJ trtm � 1 ATTACHHCNT 3 ` f 3101 I.3S N Oh, SON 121 06nton, *@Mai 76101 140:47.0127 mifto (02.434.2133 W 1 i.3e3,13S3 lulu to 1"9 Jim o ton•Infonaui�.�n 9yamn 601 E Hickory Damn,TX A205 DevJmtA.xyf Pr our di4euetiod,I fun INVA,you thin learn m inform You dw ebe computer ro' nu on d»eootcbed propt,eal have been R&nicw to otu State o(yum QUMW I daiantkm S.rrlae Viac;e(QXV)Catalog. IFYna toad clay othaa i .M-, ` pum do not haute to call iinrnn�fy, David JohnsnN NWS, Ica CO Torn 9h1w,Nmh"q r3o w.r+�f t Ra.r f ui+e 30� feA weAh fcAW WW e1I.W.USo PAX 411.333 1330 6 1 t ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION THROUGH A QUALIFIED INFORMATION SERVICES VENDOR CATALOGUE(QISV); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE(PURCHASE ORDER 95620 TO NTCS, INC. IN THE AMOUNT OF $43,960). WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission has solicited, received and tabulated competitive bids for the purchw 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 W1111EREAS,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 he,ttn; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the numbcred items in the following numbered purchase order for materials,equipment, supplies,or services, shown in the "Purchase Orders" referent, ! herein,are hereby accepted and approved as being the lowest responsible bids for such items: PURCHASE 95620 NTCS INC. $43,960 i 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 blds to the General Services Commission for such items and agrees to purchase the materials, equipment, 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 tiled with the A� General Services Commission, and the purcl aao orders Issued by the City. I 7 r: SECTION 111. That should the City and persons submitting approved and accepled items set forth in the attacheJ purchase orders wish to enter into a formal written agreement as a result of the City's ratification-2f bids awarded by the General Services Commission, the City Manager or his designated representative is hereby authorized to execute the written contract which stall 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 and specified sums contained In the City's purchase orders,and related documents herein approved and accepted. SECTION 1V, Thatby the acceptance and approval of the above numbered items set forth in the attached purchase orders,the City Council hereby authorizes the expenditure of Rinds 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 cifcctive 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 LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY BY; 95620-POST ATE MINANCE i S C i 1 Ape &No. "Da AGENDA INFORMATION SHEET DOW- AGENDA DATE: June 15, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Purchasing to Jim Coulter 749.7527 ACM: Kathy DuBose,Fiscal and Municipal Services SUBJECT: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF CONCRETE PIPE AND BOX CULVERT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2359—CONCRETE PIPE AND BOX CULVERT AWARDED TO CSR HYDRO CONDUIT IN THE AMOUNT OF $23,43420). BACK OUND: f (See attached Tabulation Sheet) I RECOMMENDATION, We recommend this bid be awarded to the single bidder, CSR Ifydro Conduit in the amount of 523,43410. i ESTIMATED SCHEDULE OF PROJ 'CTt I I � The pipe delivery estimate is one week alter receipt of an order and the box culven delivery is estimated to be five weeks from receipt of a purchase order. FISCAL INFORMATION: Funds for this material will come from Dralnage Improvements Bond Fund account (461-020- DRAN-9851.9108), 1W, INFORMATION: This bid is for concrete storm sewer pipe and box culven to improve the drainage in the area of Mayhill Road and Gayla Street near the entrance to the Wastewater Trcutment Plant. The project consists of approximately 230-feet of concrete pipe and 63deet of 8-foot by 8400t box culvert, i The installation of the pipe and bo.%culvert vill be done by City of Denton work crews. I r, c, ,a i i AGENDA INFORMATION SHEET w JUNE is, 1999 PAGE 2 OF 2 i Respectfully submitted: Tom Shaw,C.P.M.,319-7100 I Purchasing Agent I Attachment 1: Tabulation Sheet 1221,AGENDA r r �AAt c f i 2 r ' a c; ATTACHMENTI TABULATION SHEET Bid # 2359 DATE:5-25-9S CONCRETE PIPE & CULVERT No. DESCRIPTION VENDOR CSR HYDRO CONDUIT 57 1S"CLASS III RCP STORM SEWER $10.40 2 105' 36"CLASS Ill RCP STORM SEWER $31.40 3 72' 64"CLASS III RCP STORM SEWER $?%.To 4 2 EA 1S"PIPE SAFETY END TREATMENT $242.00 5 65' BOX CULVERT WAS' $212.40 6 1 EA 6'k 5"4 SIDED INLET WA 7 2 EA TYPE B HEAD WALL FOR 38" RCP NIA 8 1 EA TYPE B HEAD WALL FOR IWRCP NIA TOTAL BID $23,434.20 Ppe Delivery 1 week Box Delivery 6 weeks Box prke FOB jobs Its:Contraclor to unload i 3 k ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF CONCRETE PIPE AND BOX CULVERT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR;AND PROVIDING AN EFFECTIVE DATE(BID 2359 —CONCRETE PIPE AND BOX CULVERT AWARDED TO CSR HYDRO CONDUIT IN THE AMOUNT OF 523,434,20). WHEREAS, the City has solicited,received and tabulated competitive bids for the purchase of necessary materials,equipment,supplies or services in a^cordance 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: i SECTION L 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 Laing the lowest responsible bids for such items: BID ITEM NUMBER _ML VEUO AMOUNT 2359 ALL CSR HYDRO CONDUIT $23,434.20 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 Ill. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, A 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 stuns contained in the Bid Proposal and related documents herein approved and accepted. 4 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 as authorized herein. SECTION V. 'Thal this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 1944. i i JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY i BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY BY: 2359 SUPPLY,ORDNANCE i to c t t A-^406 No 47 0� AP*Item /�—�— 1 AGENDA INFORMATION SHEET odo Z, AGENDA DATE: June 15, 1999 DEPARTMENT: Police CM: Michael W. 1e SUBJECT A resolution of the City of Denton,Texas approving the appointment of the Reserve Police Officers listed in the resolution. BACKGROUND: The City of Denton has maintained a Reserve Officer Unit for over thirty yeah. The members of the Reserve Unit are certified police officers who volunteer to assist the Police Department at special events, incidents that require a large number of officers such as searches for missing children,and emergency situations such ns natural disasters. These officers may cant'weapons only when authorized by tt.e Chief of Police and when discharging official duties as duly constituted peace officers. S rtion 341.012 of the Texas Local Government Code requires that the City Council approve persons appointed to the Police Reserve Force before those persons may carry rs weapon or otherwise act as a peace officer. The Council last approved the list of reserve officers in Resolution No.R97-076 on December l6, 1997. Since that time,three reserve officers have left the Unit and three other officers have been selected for the Unit. Therefore, this Resolution is necessary for the appointment of the new reserve officers. OPTIONS 1, The Council can choose to approve the appointment of the reserve police officers listed in the Resolution. 2. The City can choose not to approve the appointment of the reserve police officers listed in the Resolution, RECOMMENDATION The Police Department strongly recommends approval of the Resolution. (1) The Reserve Unit makes a significant contribution to the public safety and security of the citizens of Denton. (2) The Rcscn a Unit provides additional staffing and resources for the Police r Departmcnt at a very minimal cost. t c: I I i i I PRIOR ACTION F.VI : None. FISCAL IMPACT: None. Respectfully submitted, AAd4 ez e� Gary L.Matheson Chief of Police Prepared by: rwright SUPpoe eations Captain f i k ' r i I i F:14%&re"cpe,L00 u Polke AWinM=tm oC RESOLUTION NO. � 1 A RESOLUTION OF THE CITY OF DENTON,TEXAS APPROVING THE APPOINTMENT OF THE RESERVE POLICE OFFICERS LISTED IN THE RESOLUTION. WI:fiREAS,Section 341.012 of the Texas Local Government Code requires that the City Council spprove persons appointed to the Police Reserve Force before those persons may carry a weapon or otherwise act as a peace officer,and WHEREAS, the City Council deems it to be in the best Interests of the public safety and security of the citizens of Denton to authorize members of the Police Reserve Force to exercise l the full authority allowed by statute;NOW THEREFORE, THE CITY COUNCIL OF r11E CITY OF DENTON HER RESOLVES: $ECTIQb L The following members of the Police Reserve Force are hereby approved. Robert Beadle Chuck Kull Charles Beavers Paul Leslie Art Behrens Byron Piechowski Mark Courson Mike Quintero Ron Huff Ron Keaton Mike Hupp Shawn Fuller Kevin Vice Mitch Manning , SECTION II. The members of the Police Reserve Force approved in Section I may cant' weapons only when authorized by the Chief of Police and when dischwging official duties as duly constituted peace officers. SECTION W. This Resolution shall be effective immediately upon its passage and approval. PASSED AND APPROVED this the_day of . 1999. Af I Y ' TACK MILLER, MAYOR r c; f F:LlwW4eoL000w Mot Am*Wm eu.dw ATTEST: ' JENNIFER WALTERS, CITY SECRETARY { BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROM,CITY ATTORNEY j BY: 3 J o t. C:iWfNbOWS m TEMPFhq'nda WNIN NO.— / %%oft r ORDINANCE NO. AN ORDINANCE AUTHORIZING THE SETTLEMENT OF LITIGATION STYLED THE CITY OF DENTON, TEXAS v. DENTON COUNTY FRESH WATER SUPPLYDISTRICT NO. JA AND DENTON COUNTY FRESH WATER SUPPLY DISTRICT NO. S, CAUSE NO. 99-4015 8- 362; PENDING IN THE 362ND DISTRICT COURT OF DENTON COUNTY, TEXAS; PURSUANT TO THE TERMS STATED IN THE ATTACHED COMPROMISE f SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS AND ANNEXATION AGREEMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE THE SETTLEMENT AGREEMENTIANNEXATIOA AGREEMENT AND ALL DOCUMENTS NECESSARY TO EFFECT THE SETTLEMENT; AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNE`" TO TAKE OTHER ACTIONS NECESSARY TO FINALIZE THE SETTLEMENT AND RELEASE OF CLAIMS; AND PROVIDING AN EFFECTIVE DATE. NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREEY ORDAINS: SECTION I: That the settlement of litigation styled City of Denton, Texas v, Denton County Fresh Water Supply District No. IA and Denton County Fresh Water Supply District No. S; Cause No. 99-40158.362; pending in the 362 ° District Court of the Denton County, Texas,is hereby approved pursuant to the terms stated in the attached Compromise Settlement Agreement Release of Claims a-td Annexation Agreement. SECTION U That the City Manager is hereby authorized to execute the attached Settlement Agreement, Annexation Agreement, and all other documents necessary to effect settlement. The City Manager and the City Attorney are further authorized to take all other actions necessary to finalize the settlement and release of claims including to make any , expenditures necessitated by the settlement, SECTION III: That this ordinance shall become effective immediately up its pamage a:u approval. PASSED AND APPROVED this the day of_ , 1999. v JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: I i I c, i � 1 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY BY: LL Aida No, 99 -n4 AGENDA INFORMATION SHEET Aar r Oats AGENDA DATE: June 15`s, 1999 DEPARTMENT: Planning & 1D__eveelopment Cdl/DChi/ACM: Dave Hill/JJJ���V�V[jy� SUBJECT Consider adoption of three ordinances on annexing three tracts of land located in the southwestern section of the City of Denton extraterritorial jurisdiction,amounting to approximately 2,549 acres of land. Second Reading. a. Tract Itl (A-80): approximately 1,952 acres of land located at the southwestern edge of the City of Denton's extraterritorial jurisdiction, between Crawford and Lively Roads, approximately 5,800 feet west from 1.35W, and east from Florence Road. [Robson property] b. Tract k2 (A-81), approximately 125 acres of land, 1,000 feet in width extending north from Crawford Road, and extending to the west approximately 5,800 feet from 1-35W. [Hillwood property] c, Tract 43 (A-82), approximately 472 acres of land, located between 1.35W and U.S. 377, north of Crawford Road, and south of Alred Road, [Hufllnes property] i NACKGRO 1 City Council was scheduled to approve the annexation of three tracts of land, as indicated in the attached ordinances(Exhibits A, 13, and C),on May 25"" 1999. The action was tabled on May 25'h, June 14, and June 10, 1999,and has been rescheduled for consideration on June 151', 1999, in order to allow time for further progress on a Denton-Northlake Interlocal Agreement that may lead to the withdrawal of the Tract#I petition in favor of a voluntary petition, and to allow additional time for the development of a settlement agreement regarding litigation involving Tract 0. The ordinances remain unchanged from the May 2511 agenda report. State regulations require that adoption of the annexation ordinances on second reading must occur within 90 days of tht date that the annexation proceedings have been instituted, or a new annexation process and schedule would have to be initiated. The ordinances were approved on first reading at the April 20h, 1999 Council meeting, giving Council members until July 10, 1999 to take action The ordinance for Tract 0(A-82)has been revised as per the Council vote on first reading, which occurred on April 201h, 1999, to reduce the affected land from 1,025 acres to 472 acres, The revision was made to exclude from annexation the property owners not affiliated with the attempted creation of a Fresh Water Supply District The other two ordinances have not been revised since April 20'h, 1999. The attached ordinances, each of which contain a Service Plan,were approved on first reading as required by super-majority vote of City Council On June 1511, 1999,Council approval will require a super-majority vote(7.0 or 6.1)for the ordinances to take effect, If approved,the ordinances will I t I I r become effective in 14 days, on June 290, 1999. Companion ordinances were prepared for Council consideration on May 250' to establish the initial Agricultural zoning for the trr.,ts;Council is scheduled to consider the zoning ordinances on June 15t',only upon adoption of the annexation ordinances. As per state law, the ordinances were published thirty days pi*or to consideration of adoption on second reading, Also, as per City Charter requirements(Section 1.03), amendments to the ordinances made by Council on May 25th would require re-publication in the newspaper,and an additional 30 days would have to pass before Council action could take place. i Mandatory public hearings held on March 29th and 30th, 1999 started the review process. During both of these public hearings, City Council received a staff briefing and heard public comments, Following a public hearing on April 10, 1979, the City Planning and 'Zoning Corr mi•sion recommended that City Council approve annexation of the tracts as proposed, by a vote of,1•2 (Engelbrecht, Rishel, Gourd ie, Moreno -In Favor; Powell and Apple-Opposed; Ganzer - Abs,nt). During a Special Called meeting on May 19''', 1999,the Planning&Zoning Commission recor,:rnended approval of the temporary Agricultural zoning for the tracts by a vote of 7-0. Discussions with the owners of Tract 41 and Tract#3 have led to consideration of mutuid agreements regarding the coordination of annexation and zoning approvals, Tract 11111, owned by Robson Corr m,nities, Inc, is also subjed to a voluntary annexation petition that includes land currently Ioor.,ed inside the Town of Northlake extraterritorial jurisdiction (ETJ) If a Denton-Northlake ieterlocal agreement is executed before June Wt', staff will recommend that the involuntary annexation ordinance for Tract 41 be withdrawn in favor of the voluntary petition. A Planned Development zoning application has been submitted for Tract 43, owned by the HulTines family. Negotiations regarding both of these tracts are not yet complete. Any changes that may affect the involuntary annexations will be reported to Council on June 15th. Additional Background: Growth Management Strategy Issue� For more than e ar the i ye city ty oCDenton has actively pursued the development of a comprehensive e YP P P plan intended to guide growth for the next 20 years. Population forecasts being used to develop the plan indicate high levels of growth in the city's southern and eastern extraterritorial jurisdiction(ETJ), predicting that an additional 80,000 to 100,000 people will live in the Denton area in the near future. The Growth Management Strategy (GMS) is the comerttone of the comprehensive plan,and was adopted by the Denton City Council in January 1999, The GMS identifies the high growth areas in the ETJ as'Urbanizing Areas", indicating that these areas will be considered for annexation and managed growth. Planning Policies adopted by City Council in April 1998 are strongly oriented toward the coordinated and efficient provision of all municipal services, including infrastructure systems related to transportation, water, sanitary sewer, and drainage. The tracts identified for proposed annexation are located in"Urbanizing Areas" Much of the land is designated in the GMS as appropriate for the development of neighborhood centers, and densities are intended to be high enough to require full municipal services, averaging 4 dwelling units per acre. Tract 42 is located within a designated mixed-use urban center, located on the west side of 1.35W, extending north from Cranford Road. Urban centers are intended to allow a mix ofcoordinaled, high intensity land uses, including retail,office, high density residential, and corporate-based employment facilities The Planning Policies also stress that managed growth is dependent upon efficient and 2 1 i coordinated provision of trar.spor lion and utility systems, in recognition that these municipal services are the building blocks for commuc;ty health and quality of life. Additional Baclu round: ETJ and CCN Issues Recent events have raised concems that efforts to manage groavih and coordinate municipal services are being threatened Owners ot'properly located at the far south extremes of the city's ETJ have attempted to form a Fresh Water Supply District(FWSD), intended to provide independent water service instead of connecting to the City of Denton Utilities system. If the FWSD is allowed to provide water to ETJ properties, land can be subdivided and platted at high densities despite potential strain on other services State law establishes the limits of ET) for all Texas cities, and for Denton, the ETJ extends 3Va miles from the city limit line State law appears to protect cities by prohibiting the establishment of political subdivisions inside the ETJ without a city's consent (FWSD's are political subdivisions) In addition, the exclusive authority to provide water and wastewater services appears to be assigned to the city through its Certificate of Convenience and Necessity(CCN), a permit issued by the Texas Natural Resources Conservation Commission(TNRCC). However,attorneys experienced in state land use and water law have concluded that state legislative amendments continue to evolve in ftivor of FWSD's and MUD's(Municipal Utility Districts),and that Denton's ET) and CCN powers may not be strong enough to prevent the formation ofihese political subdivisions. The City of Denton has taken legal action to counter the efforts taken by the F1A'SD. Fresh Water Supply Districts are not always considered a negative influence to the provision of services to :ommunities in Texas, particularly in areas where municipal services are not available. However, the FWSD that has annexed a portion of the City of Denton ET) poses several problems: • No effort was made to coordinate services with the City of Denton The provision of water increases demand for other utilities that can stress the city budget, requiring a disproportionate allocation of resources to the detriment of taxpayers and utility rate payers. 4 f he City of Denton's state cer iEcation to f rovide water and sewer services within its CCN boundaries is intended to provide assurance that proper planning and investment in capital improvements can be possible. A water line extension planned to extend south along U.S 377 (Fort Worth Drive)could result in a"stranded investment"if property owners are allowed to select another provider. 0 The provision of water services in the Hickory Creek watershed poses special concern given the fact that sanitary sewer system improvements have not yet been planned nor implemented Without proper planning end coordination,City of Denton raw water supply, which is drawn from an intake located on the Hickory Creek branch of Lewisville Lake, could suffer severe deterioration. All Denton water users would be impacted by such a problem a FWSD's, which are governed by a self-selected Board of Directors, are empowered to use bonds to borrow funding to pay for utility improvements. Property owners within the district then pay taxes levied by the board to pay for the improvements. Issues of double taxation pose equity issues, and the debt issued by the district represents a long-term liability. a With services available, property in the district can be subdivided, platted, and developed at �' A urban densities without compliance with city zoning regulations During a period of rapid �;- growth, the district could stimulate development Inconsistent with City of Denton planning efforts, effectively negating objct,dves to manage growth to the benefit of all citizens. 3 4 FWSD's and NIUD's have been known to fail. Such an event would certainly cause great ~ difficulties for the residents and property owners within the district, but Denton could also experience the problems posed by bail-out responsibilities. Additional Background: Annexation & Service Plan issues Annexation of ETJ areas is the highest level of protection afforded to cities to manage growth and coordinate municipal services, Once inside the city limits, areas subject to development pressure will have to comply with all of the development regulations deemed necessary by City Council to protect public health, safety, and welfare.. As per state law a service plan has been prepared and is attached to each ordinance Because the tracts to be annexed are for the most part undeveloped, immediate demand for services is low. No households were found in any of the tracts. All properties within the annexed n errs will be entitled to police and fire protection, solid waste collection,and road maintenance within w days of the effective date of the annexation (the elective date of annexation is projected to be June 290, 1999,by September 29", 1999,the aforementioned service would be required to b,:vvailable) Fire protection will be provided at first from existing stations,and a new Station f17 will W programmed to be constructed in the vicinity of the I.35W/F M. 2449 intersection. In addition, the service analyses and service plan describe the methods by which utilities and other services will be provided. Of primary importance are water and sewer services. Improvements intended to serve the annexed tracts must,by state law, begin construction within 2 years and be l completed within 414 years. Required projects are Identified in the service plan, including a major water line extension southward along U S. 377, A variety of options are being considered to deliver wastewater services, including a line extension from the Hickory Creek Interceptor sewer syster+ to onsite treatment plants that would operated and maintained by the City of Denton These and ot`i r services will be made available in proportion Vie demand caused by new development OPTIONS Approval of the ordinances on second reading is the last action to be taken by City Council,and ends the annexation process for the affected tracts As occurred during the April 20`a first readings,the ordinances should be considered and subjected to vote separately. Amendments to the ordinances can be made without Invalidating the state-mandated schedule for annexation, but would delay the final vote on second reading for a minimum of 30 days RECOMM`NDAT ON Siatfrecom;ends that the annexation process for Tracts 011,M2, and N3 should proceed as scheduled. The service plan indicates that feasible course of service provision is available implementation of the service plan, along with the annexation, will enable the City of Denton to meet its CCN obligations, implement zoning regulations in the annexed areas, and allow realization of the city's Growth Management Strategy. If the Denton•Northlake interiocal agreement is signed, or if the status of an A� < agreement with the owners of Tract N3 can be reached, staff will make changes to these 1' ✓J recommendations on June 15'h. a e ESTIMATED SCIIEDUj� a If Council takes action on June S� 1999,he annexation proce;a will be completed. F AIOR ACTION/REVIE% February 23N, 1999 Council approval of annexation schedule M, ch 1 A' 1999 1`Public Hearing March 30"i, 1999 2d Public Hearing April 14'", 1999 Planning& 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 Ag toning, 7-0 May 25`}', 1999 Councit postponement of annexation ordinances until June 1', 1999 June I0 1999 Council postponement of annexation ordinances until June 8'h 1999 June 8 , 19W Council postponement ofannexation ordinances until June 15 , 1999 Adiitional briefings and consultations have ban held by the City Council with raspect to litigation filed against it Fresh Water Supply District that has allegedly annexed a portion of tract 03. Fly AL INFORMATION Fiscal information is supplied in the Service Plan. EXHIBIT� Exhibit A; Annexation Ordinance(A-80, Robson tract) Exhibit 9; Annexation Ordinance(A-81,Hitlwood tract) Exhibit C: Annexation Ordinance(A-82, Huffines tract) Exhibit D: Annexation Schedule ' 1/ Respectfully Submitt dyL ItA .: o DpQ M. Hill Assistant City Manager,Development Services C S ` I I CAM ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT COMPRISING 1,952 ACRES, LOCATED ON THE WEST SIDE OF I-35W, NORTH OF CRAWFORD ROAD, AND EAST OF FLORENCE ROAD;PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE(A-80). WHEREAS, the City of Denton wishes to extead its City liariu line to include the 1,95: acre tract labeled'7ract #V,as described in Exhibit A; and WHEREAS, public hearings were held in the Council Chamben on March 29`a, 1999, and March 30'", 1999, to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, after a public hearing on April 10, 1999, the City of Denton Planning and Zoning Commission recommended approval of the annexation by a vote of 4.2; and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on April 20,h. 1999;and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton afler annexation proceedings were instituted and 30 days pior to City Council taling final action, as required by City Charter,and WHEREAS, the City Council finds that the annexation will be in compliance with the 1999 Growth Management Strategy;NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION : That the tract of land labeled "Tract q111,described in Exhibit A, attached hereto and Incorporated by reference, is annexed to the City of Denton,Texas. SECTION It: That the service plan attached as Exhibit B, and incorporated by reference. which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance. SECTION M: The annexed property is temporarily classified as Agricultural (A) zoning district classification and use designation. SECTION M. The City of Denton official r+ning man is amcaded to show the Agricultural (A)zoning district ar d use c1„asificadvn of fie property annexed. L.CTIO L- Should any part of this ordinance tie held illegal for a.sy res301,, the r holding Aall not Affect thr remaining portion of this ordinance rnd the Vity Council her in h declares it to be its purpose to annex to the City of Draton all the real property Exhibit A regardless of whether any other part of the described property Is hereby efl'ec ively 1 i F i annexed to the City. If any pert of the real Propety Hoaxed is ahcady included within the ci ty Emits of the City of Denton or within the limits of any other city,town or vil 11%or is not within rt ' the City of Denton's Jurisdiction to annex, the ae is hereby excluded cm &M the territory annexed as fully as if the excluded arcs were not expreaily descn'bed in this ordinance- SECTION That this ordinance shall become effective fourteen (14) days lfom the date of its final passage,and City Sect*wy is hereby directed to cause the entire ordinance to be published owe or the, riptive caption to be published twice in the Denton Record- C:uooicle, the 061d A] newtipaper of the City of Benton, Texas, widlo ten (10)days of the due of its passage. PASSED AND APPROVED this the day of 11999. JACK MMLER,MAYOR ATTEST: JENNIFER WA1;rM,CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L, PROUTY,CITY ATTORNEY 4 BY: �f 'A ' . 2 r i, Exhibit A �{ TRACT#1 All that certain lot,tract or parcel of land lying and being situated to the County of Denton, State of Texas, in the M. Scurlock Survey,Abstract Number 1141,the F.Garcia Survey,Abstract Nurrber 502, . the B.B.B. &C.R.R. Survey, Abstract Number 197,the J.McGowan Survey,Abstract Number 798, the F. Oliver Survey,Abstract Number 989,the J.H. Paine Survey,Abstract Number 1617,and being more particularly described as follows: Commencing from a point in Crawford Road,said point also being the Southeast comer of sahi M. Scurlock Survey and the southwest comer of the E.Pizarro Survey,Abstract Number 994,Denton County,Texas; Thence North 00 degrees 37 minutes 19 seconds East with the east line of said M.Scurlock Survey, and the West line of said E.Pizarro Survey, a distance of 30.00 feet to the POINT OF BEGINNING of the herein described tract; Thence North 89 degrees 51 minutes 20 seconds West along the North line of Crawford Road and being 30 feet nosh of and parallel to the south line of said M. Scurlock Survey,a distance of 3840.02 feet to a point at the beginning of a curve to the left; Thence with said curve to the left having a central angle of 89 degrees 29 minutes 36 seconds, a radius of 2640.00 feet,to a point; Thence West a distance of 1037.44 feet to a point for comer, Thence North 00 degrees 00 minutes 47 seconds East a distance of 1064.92 feet to a point for comer at the beginning of it curve to the left; Thence with said curve to the left having a central angle of 84 degren 20 minutes 48 seconds,a radius of 2640.00 feet to a point for comer; Thence North a distance of 1 141.19 feet to a point for comer at the beginning of a curve to L, a left; Thence with said curve to the left having a central angle of 02 degrees 10 minute 14 seconds, a radius of 2640.00 feet to a point for comer; ° /�' r, Thence North 89 degrees 51 minutes 47 seconds East with s North tine of said 2426.81 acre tract a distance of 3017.94 feel to a point for comer; e ,1 Th,mce North 00 degrees 20 minutes 02 seconds Weal,a distance of 1708.41 feet to a point at the Southeast corner of East Ponder Estates,an addition to Denton County,Texas,aocording to the plat thereof recorded in Cabinet 0,Page 367,of the Plat Records of Denton County,Te%u; Thence North 00 degrees 21 minutes 15 seconds West with the east line of said addition,a distance of 3404.29 feet to a point on the south line of H. Lively Road; Thence North 89 degrees 51 minutes 43 seconds East along the south line of H. Lively Road and being 30 feet south of and parallel to the North line of acid J.McGowan Survey,a distance of 5700.31 feet to it point for comer; Thence Southerly,a distance of 6824.00 feet to a point for comer at the Southwest corner of the 0. Pettingale Survey,Abstract Number 104 1,end the Southeast comer of said F.Garcia Survey, Thence Easterly a distance of 1221.00 feet to a point for comer on the South line of said G.Pettingale Survey at the Northeast comer of said M. Scurlock Survey and the Northwest corner of said E.Pizano Survey, i Thence South 00 degrees 29 minutes 08 seconds East with the But line of said M.Scurlock Survey and the West line of said E. Pizano Survey,a distance of 3074.89 feet to a point for corner; i Thence South 00 degrees 37 minutes 19 seconds West with the East line of&Jd M. Scurlock Survey and the West line of said E.Pizano Survey,a distance of 3315.00 feet to the POINT OF BEGINNING and containing in all 1,952 acres of land. i I � N 9 'l ITY OF ENTONI P2 I _ -.jay' ifi'%'r Nom+ �\ O �, '� • �� Exhibit B DRAFT ANNEXATION SERVICE PLAN: TRACTS #1, #21 & 03 CASE NUMBER: A-80 ' AREA-. 1,952 Acres LOCATION: In the far southeastern section of the City of Denton ETJ,in the vicinity of Crawford Road, Interstate Highway I-35W, and U.S.377. Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule: A. Police Protection In the short term,the Police Department can provide service to Tracts#1, #2,and#3 using existing resources,resulting in response times consistent with other undeveloped perimeter areas of the city. In the longer term,the Police Department estimates that service can be provided within average response times for the City as a whole,with the addition of 24 swom and 8 non-swom personnel, phased in proportion to population growth within the annexed tracts. B. Fire Protection and Emergency Medical Services Fire service will be available though existing facilities during the Interim period v,hen the annexation tracts remain for the most pan undeveloped. A new Fire Station#7 will be needed in the future to provide ccrvice to the annexed tracts,to be located In the vicinity of the 1-35W/F.M. 2449 intersection. The City of Denton Fire Department Five-Year Strategic Plan is scheduled to be J presented to City Council on March 39`^, 1999. The plan will provide additional detail regarding proposed fire and emergency service delivery to all parts of the city, including Tracts#l,62,and #3. C. Water/Wastewater Services Current City of Denton CIP funding is programmed for the construction of a 20-inch water line extension that will reach tha Hills of Argyle subdivision on U.S. 377. The line will be extended further south to Tract 0 in a subsequent phase. Construction of these Improvements will begin within 2 years and will be completed within 4Y,years. Development within Tract#3 is expected to run the line west to 1.35W. The property owners of Tracts #1 and#2 will be expected to extend water lines from I.33W to deliver water for development. Interim water service options are available. Wastewater service will be made available through either extensions from the Hickory Cre, k I nterceptor sewer system or through on-site treatment plants that are owned, operated, and i maintained by the City of Denton. See Annexation Service Analyses for further detail. � t D. Stormwater Drainage Services Drainage Improvements will be made by property owners at the time of development. Maintenance will be the responsibility of the City of Denton, supported as a function of water and wastewater fund transfers paid by rate payers. tt c, i E. Solid Waste Collection and Disposal Solid waste service are available to the annexed tracts. Existing contracts between customers and private waste haulers will not be disturbed. Equipment and personnel needed to serve new development will be added in proportion to growth in the customer base. F. Electric Utilities Flectric service will be made ava table upon request to all of the property within the eras being annexed. G. Parks and Recreation Services NeighborboW parka will be provided as residential growth occurs,as per the City of Denton Park Dedication OIT&ance. One community park will be needed in the longer term. The commutty park and additional personnel will be funded as appropriate through city funds. K. Streets and Roads Crawford and Florence Roads,located on the ptdm.ter of Tract Ml,will not be annexed, and will remain the responsibility of Denton County. Johnson,John Paine,and Allred Roads in Tract#3 will be upgraded by private development, and ultimately maintained by the City of Denton. F.M. 1830(Country Club Road)is a state facility and will be upgraded and maintained by the Texas Department of Transportation(TXDOT). I. Bulldiag Inspections 1 Code Enforcement Services Services are available now for the areas lobe annexed. Additional personnel will be dadicated to the area:to be annexed as dictated by growth. I Library Services The Library Master Plan will determine the appropriate method of service delivery for all areas of the city,and is near completion. The plan will be presented 10 City Council in late April 1949. A � 11 q ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT COMPRISINO 12$ ACRES, LOCATED ON THE WEST SIDE OF I.35W AND NORTH OF CRAWFORD ROAD; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE(A-9 I). 4 WHEREAS, the City of Denton wishes to extend its City limits line to include the 125 j acre tract labeled as"Tract N2",described In Exhibit A;and WHEREAS, public hearings were held in the Council Chambers on March 20, 1999, and March 30, 1999, to allow all interested persons to state their views and present evidence bearing upon this rnnexation; and WHEREAS, after a public hearing on April 10, 1999, the City of Denton Planning and Zoning Commission recommended approval of the annexation by a vote of 4.2; and WHEREAS, annexation proceedings were Instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on April 20"s 1999; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton after annexat:on proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter, and 1 WHEREAS, the City Council finds that the annexation will be In compliance with the 1999 Growth Management Strategy; NOW,THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION j: That the tract of Iand labeled as "Tract 02", described in Exhibit A. attached hereto and incorporated by reference, is annexed to :he City of Denton. Texas. SECTION tt: That the service plan attached as Exhibit H,and incorporated by reference, which provides for the extension of municipal services 10 the annexed property, is approved as part of this ordinance. =IOL4,,M, The annexed property is temporarily classified as Agricultural(A) zoning district classification and use designation. SECTION_ IV, The City of Do-aton official wring map Is :,mended to show the Agricultural (A) z ping district and use cla,sifrcation of nbe property annexed. =ON V, Should any pert of this ordinance be held illegal for wny resson, th" holding shall not aff-tt the remaining portion of this ordLrance and tha City Council hereby A 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 tither part of the described property is hereby effectively l r t annexed to the City. If any pars of the real PMPertY ttoaexed is AhWy 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 jurlOct£on to annex, the same Is hereby excluded 6om the territory annexed ss fully n if the excluded area were not eacpzrsaly deacnlW in this ordinance. SECTION VT: That this ordinance shall b0com cfxdve fotuteen (14) days ikom the date of its final passage, and jhe City Secretary is hereby directed to castes the mdm ordinance io be published once or the descriptive caption to be published twice is the Denton Record' Chronicle, the official newspepet of the City of Denton, Texas, wirhin tea(10) days of the date of lu passage. PASSED AND APPROVED this the day of , 1999• JACK MILLER,MAYOR I ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: i APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY. t" 1 v { �I 7 1't �'7- ..,4 ..>.tYi:J. .t#F':'C.}>Rl%•i1'>•:;iJ;:yi• r.:�.. ifoo DENTON DENTON TRACT 2 .•;};'�'�i[{::��t'fi:v hr.t^�:V`v>'..} t7:.'."r:.i'`"•�S%-,�L#r r � �}`9r'on•T:� �4< �\'�ckf v}4jr r^',r> rk �L h� ;ft r s >,�. ik ♦ d}Y . �ikYZ�`.}r: »fir{��,ci+c > Y �•}- � �" rr�///// :- •, i f P ol v" �� t t ' i t i Exhibit A ALL that certain lot, tract or parcel of land lying and situated in the County of Denton, State of i Texas, In the E. Pizano Survey,Abstract Number 944 are.being more particularly described as follows: + COMMENCING at a point in the existing Denton city limit line is established by annexation Ordinance Number 74.36 (Tract 1), said point lying 577 feet west of the intersection of the centerline of Interstate Highway 35 West and Crawford Road,said point also being 500 feet northwesterly from and perpendicular to the centerline of Interstate Highway 35 West, said point also tying on the common Apportionment Agreement line established on November 18d,, 1969 between the City of Denton and the Town of Argyle and recorded in Volume 716, Page 145 in the Deed Records of Denton County,Texas, said point lying in the south line of the E. Pizano Survey,Abstract Number 994 and the north line of the Patrick Rock Survey,Abstract Number 1063; THENCE northeasterly along the existing Denton city limit line(Ordinance Number 7436(Tract 1)), parallel with and $00 feet perpendicular to the centerline of 1.11.35 West a distance of 28.83 feet to the POINT OF BEGINNING,said point lying on the north right-of-way line of Crawford Road, 25 feet north of the said DentonrArgyle agreement line; THENCE North 89 degrees 32minutes 57seconds West along the north line of Crawford Road and being 2 S'north of and parallel to the said Denton/Argyle agreement line a distance of 5,119 feet to a point for corner,said point lying on the west line of the said E. Pizano Survey,Abstract Number 994, same being the east line of the M. Scurlock Survey, Abstract Number 1141; �I THENCE North 00 degrees 041rdnutes 29 seconds West along the west line of the sold B.Pizano Survey,Abstract Number 994 and the east line of the M. Scurlock Survey,Abstract Number 1141,a distance of 1000 feet to a point for comer; THENCE South 89degrees 32minutes 57seconds East, 100( feet north of and parallel to the north line of Crawford Road, a distance of 5,751 feet to a point for comer,said point lying on the existing Denton city limit line as established by annexation Ordinance Number 74.36 (Tract I)and lying 500 feet northwesterly from and perpendicular to the centerline of Interstate Highway 3$West; THENCE southwesterly along said existing Denton city limit line as established by annexation Ordinance Number 74.36(Tract 1), 100 feet from and parallel to the centerline of Interstate Highway 35 West a distance of 1,178 feet to the POINT OF BEGINNING and containing 125 acres of land, r'/ more or less. 16 r 1 ' I c: I • I i I I 1 , I Exhibit a r` i DRAFT ANNEXATION SERVICE PLAN,TRACTS NI,02,& 03 j , I CASE NUMBERt A•81 AREAL 123 Acres LOCATION: In the far southeastern section of the City of Denton ETI, In the vicinity of Crawford Road, Interstate Highway I.33W,and U.S. 377. I Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, I Texas,at the following levels and in accordance with tha follov.ing schedule. i V. Police Protection In the short term, the Police Department can provide service to Tracts 01, 02,and 03 using existing resources,resulting in response times consistent with other undeveloped perimeter areas of the city. In the longer term,the Police Department estimates that service can be provided within average response limes for the City as a whole,with the addition of 24 sworn and 8 non-sworn personnel, phased In proportion to population growth within the annexed tracts. L. Fire Protection and Emergency Medical Services k Fire service will be available though existing facilities during the interim period when the annexation tracts remain for the most part undeveloped. A new Fire Station 07 will be needed In the future to provide service to the annexed tracts,to be locsied In the vicinity of the I.33W 1 F.M. 2449 intersection. The City of Denton Fire Department Five-Year Strategic Plan Is scheduled to be presented to City Council on March 30'', 1999. The plan will provide additional detail regarding proposed tiro and emergency service delivery to all parts of the city,Including Tracts 01,02, and N3 � ht, Water/Wastewater Services Current City of Denton CIP funding is programmed for the construction of a 20-Inch water line extension that will reach the Hills of Argyle subdivision on U.S. 377. The line will be extended further south to Tract N3 in a subsequent phase. Construction of these improvements will begin within 2 years and will be com;leted within 4'b years. Development within Tract 03 is expected to run the line west to I.33W, The property owners of Tracts N1 and N2 will be expected to extend water lines from 1.35W to deliver water for development. Interim water service options are available. Wastewater service will be made available through either extensions from the Hickory Creek , Interceptor sewer system or through on-slit treatment plants that are owned,operated,and maintained by the City of Denton. See Annexation Service Analyses for further detall, 1 N. Slormwater Drainage Services A 17 i e u Drainage improvements will be made 4y property owners at the time of development.' A Maintenance will be the responsibility of the City of Denton,suppor 4 as a function of water and wastewater fund transfers paid by rate payers. O. Solid Waste Collection and Disposal Solid waste service are available to the annexed tracts. Existing contracts between customers and + private waste haul cm will not be disturbed. Equipment and personnel needed to serve new. , development will be added in proportion to growth in the customer base.` P. Electric Utilities Electric service wid be made available upon request to all of the property within the areas being annexed. Q. Parks and Recreation Services Neighborhood parks will be provided as residential growth occurs, as per the City of Denton Park Dedication Ordinance. One community park will be needed In the longer term. The community park and additional persot nel will be funded as appropriate through city}fords. R. Streets and Roads j Crawford and Florence Roads,located on the perimeter of Tract 01,will not be annexed,and will remain the responsibility of Denton County. Johnson,John Paine, and Alfred Roads In Tract 03 will be upgraded by private development,and ultimately m&intained by the City of Denton. P.M. 1830(Country Club Road) is a state facility and will be upgraded and maintained by the Texas Department of Transportation(TXDOT). S. Building Inspections I Cod,Enforcement Services Services are available now for the areas to be annexed. Additional personnel will be dedicated to the areas to be annexed as dictated by growth. T. Library Services 'rho Library Master Plan will determine the appropriate method of service delivery for all areas of the city, and is near completion. The plan will be presented to City Council in late April 1999. i M t� c, ORDINANCE NO. A AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING A TRACT COMPRISING 472 ACRES, LOCATED ON THE EAST SIDE OF INTERSTATE HIG115VAY I.35W, NORTH OF CRAWFORD ROAD, AND WEST U.S. HIGHWAY 377;PROVIDING .# SEVERABILITY CLAUSE AND PROVIDINO AN EFFECTIVE DATE fA•82). WHEREAS, the City of Denton wishes to extend its City, tunics be to include the 472 acre tract labeled"Tract 03", as described In Exhibit A; and WHEREAS, public hearings were held in the Council Chambers on March 29'", 1999, and March 30'", 1999, to allow A interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, after a public hearing on April 10, 1999, the City of Denton PsannirtI and Zoning Commission recommended approval of the annexation by a vote of 4.2; and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on April 20'4. 1999; wid WHEREAS, this ordinance has been published in firll one time in the official newspaper of the City of Denton after annexation proceedings were instituted and 30 days prior to Ciry Council taking final action,as required by City Charter,and WHEREAS, the City Council finds that the annexation mil be in compliance with the 1999 Growth Management Strategy; NOW,THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; I SECTION I: Thct the tract of land labeled "Tract 03",described in Exhibit A, attached hereto and incorporated by reference,is annexed to the City of Denton, Texas, SECTION II: That the service plan attached as Exhibit B,and incorporated by reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance. ,SFCTION III: The annexed property is temporarily classified as Agricultural (A) toning district classification and use designation. SECTION M, The City of Desiten official tuning map is amended to show the Agricultural(A) rotting district and use eiusstficption of d.e property annexed. SECTION V: Should any pan of this ordinance- be held illegal for any reason, the �r holding shall not affect the remaining portion of this oromance and the City Council Lereby A t declares It to be its purpose to annex 'o the City of Vinton all the real property described In Exhibit A regardless of whether any other pan of the described property Is hereby effectively i 1 1 O { art of the real punpe+tY annexed is air sody i+saludsd within the eity annexed to the City. If MY P limiu of the City of Denton of within the limits of any other city.town or.046,or is not aR the City of Denton's Jurisdiction to annex, the "me liedh�Y��'r� the territory annexed as tally as if the excluded area were not exprW Y Ar .TtON Vi.That this ordlnarue shU become effective fawtean (14) days loom the date of its final pusago,and the City Secretary is hereby directed to owe the entire ordinance to lisped twice � � Denton Record. be published once or the daa«of the caption ty of n ton, Texas, "'�" ten(10) days of the date Chronicle, the official n"AP of its pusaSe. PASSED AND APPROVED this the __day of_____ 01999. JACK JACK iR, MAYOR ATTEST. JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L.PROUTY,'CITY AT'TORN'EY a r 2 ` U 1 I' M r I Exhibit A ALL that certain lot, tract or parcel of land lying being situated in the County of Denton,State of Texas,in the B.B.B. &C.R.R.Company Survey,Abstract Number 15a,B.B.B. &C.R.R. Company Survey,Abstract Number 159,B.B.B.& C.R.R.Company Survey,Abtuact Number 160,S.ciraham Survey,Abstract Number 468,E.Pizano Survey,Abstract Number 994, M.Smith Survey,Abstract Number 1181, W. Smith Survey,Abstract Number 1182 and being more particularly described as P�!lows: BEGINNING at a point in the existing Denton city limits line as established by Ordinance Number 69. 40(Tract 111),being the most southerly southwest comer of said Ordinance Number 69.40(Tract III), said point lying S00 feet northwesterly of and perpendicular to the centerline of U.S. Highway 377 (Fort Worth Drive); I THENCE North 278 289 East parallel with and perpendicular to the centerline of U.S.Highway 377 (fort Worth L`-'ve)along the existing Denton city limits line as established by Ordinance Number 69- 40(Tract III) a distance of 1,680 feet to a point for corner,said point lying in the south lime of the William Smith Survey,Abstract Number 1187 and in the north line of the Spencer Graham Survey, Abstract Number 468; THENCE North$88 189 390 West,departing said existing Denton city limit line and continuing along the south line of the said William Smith Survey,Abstract Number 1187 same being the north line of the Spencer Graham Survey, Abstract Number 468 a distance of 2,030 fat to a point for comer, THENCE North 008 309$20 East a distance of 2,769.64 feet to a point for comer, said point lying on the south?:ne of the B.B.B. & C.R,R, Company Survey, Abstract Number 159,said point also being the on the north line of the Wi;.,am Smith Survey,Abstract Number 11$2,said point also lying in Johnson Road; THENCE westerly along said survey lines passing at 731 feet a southeast comer of a tract annexed by the City of Denton by Ordinance Number 91.033(Tract 1) and continuing along said existing Denton City limit line established by Ordinance Number 91.033 (Tract l)and along said survey lines a total distance of 3,083.69 feet to a point for comer,said point being the northeast comer of the B.B.B. & C.R,R. Company Survey,Abstract Number 158, said point also being the northwest comer of the �' i William Smith Survey,Abstract Number 1182 and also being at the Paine Road; Intersection of Johnson lane and r t`l ' c: I 21 r 1, 1 THENCe South 008 029 390 West along the existing Denton city)imits line established by Ordinance Number 91.033(Tract 1) and along the east line of the said B.B.S. &MR.Company Survey, Abstract Number 158 a distance of 3,648.27 feet to a point for comer; THENCE North 898 329 200 West along the existing Denton city limits line established by Ordinance Number 91.033(Tract I) a distance of 2,290.84 feel too point for comer; THENCE North 008 S89 250 East along&3 rxisting Denton city limits line established by Ordinance Numb-r 91.033 (Tract 1)a distance of 300 feel to a point for comer, said point being at an intersection of the City of Denton annexation tract lines of Ordinance Number 74.36 (Tract 1) and of Ordinance Number 91.033 (Tract I),said point also lying 500 feet southwesterly of and perpendicular to the centerline of interstate Highway 35 West; I THENCE South 298 $59 510 West,$00 feet souhwesterly of and parallel to t%e centerline of Interstate Highway 33 West and along the existing Denton city limits line established by Ordinance Number 74.36 (Tract 1),a distance of 1,300 feet to a point for comer; THENCENorth 898 549 05o East,departing said existing o-aton city limits line established by Ordinance Number 74-36(Tract 1),a ur.tance c!350 feet to a polnt for corner,said point being the northeast coiner of a tract to Jed Arthur Cooper by deed recorded in Volume 559,Page 459 of the Deed Records of Denton County,Texu; THENCE South 008159 030 West along the east line of said Cooper tract a distance of 429.80 feet to a point for comer, said point being the northwest comer of a tract to Jot T. Simpson by deed recorded in Volume 3097,Page S70 of the Peat Property Records of Denton County,Texas; THENCE South 898 449 500 East along the north line of said Simpson tract o distance of 200.05 feet to a point for comer,said point being the northeast comer of said Simpson tract; THENCE South 008 079 510 West along the east line of said Simpson tract a distance of 375 feet to a point for comer, said point lying on the north fight-of.way line of Crawford Road and said point also lying 25 feet north of the common Apportionment Agreement tine established on November 18°', 1969 between the City of Denton and the Town of Argyle And recorded in Volume 716,Page 145 in the Decd Rxords of Denton County,Texas; i THENCE in in easterly direction along the north line of Crawford Road most of the way and being 25' north of and parallel to the sold Denton/Argyle agreement line a distance of 2,351 feet to a point for 22 i 4 u I M EE corner,said point lying 2S feet west of the said DentonlArgyle agreement tine and said point lying on the west right4way line of John Paine Road; THENCE in P.northerly direction clorg the west right-of-way line of John Paine Road,25 feet west of and parallel to sold Denton/Argyle agreement fine a distance of 767 feel to a point for comer, THENCG South 888 309 East passing at 2S feet the east line of the B,B.B•6r C.R.R.Survey,Abstract Numter IS 8,some being the northwest corner of the William Oazaway Survey,Abstract Number 480, same being the southwest comer of the Mary Smith Surety, Abstrat.Number 1181,same being a common comer along the said Denton/Argyle t troement line, and passing at 2,641 feet 6o northeast corner of the said Wil Hain Gazaway Survey,Abstract Number 480 same being the southeast corner of said Mary Srr�di Survey,Abstract Number 1181 same being the west Una of the S.Graham Survey, Abstract Nur,ber 458 and continuing along said agreement line a total distance of 4,666 feet to a point in the centerline of the Unicr,Pacific Railroad(formerly the Texas do Pacific Railway)for comer, THENCE North 278 159 East with the centerline of the Union Pacific Railroad and algag the said Denton/Argyle agreement line a distance 250 feet, more or less,to a p-Tint for comer,sold point tying on a southerly line of the existing Denton city lhnits as established by Ordinance Number 69-40(Tract 111); THENCE waste,'y along said existing Denton city limits fir ss eatablished by Ordinance Number 69- 40(Tract 111),departing the said Denton/Argyle agreement line,a distance of 430 feet to the POINT OF BEGlNNIN(7 and containing approximately 472 acres of land, l { 21 t ' g !� _ 4 r _ r• •%>. •.per f� 5-'y[ , �v DENTON ENTON ?i-fit-:.¢:.:i+S.� •` ' �>:'>•.....;;.j!.y.....'•�;�Pr'i::.: _....,.;�v.,.._. ;.iY,.'... TRAC j/// f . . . . . . . .... . . . t Exblbit B is DRAFT ANNEXATION SERVICE PLAN:TRACTS 01,021 do 03 CASE NUMBER: A-82 AREA: 472 Acres LOCATION: In the far southeastern section of the City of Denton ST),in the vicinity of Crawford Road, Interstate Highway 1.35W,and U.S. 377. Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas,at the following levels and in accordance with the following schedule: A. Police Protection In the short term,the Police Department can provide service to Tracts#1,02, and#3 using existing resources,resulting In response times consistent with other undeveloped perimeter areas of the city. In the longer term,the Police Department estimates that service e t be provided within average response times for the City as a whole,with the addition of 24 sworn and 8 non-swom personnel, phased in proportion to population growth within the annexed tracts, B. Fire Protection and Emergency Medical Services Fire service will be available though existing facilities during the Interim period when the annexation tracts remain for the most part tmdevetoped. A new Fire Station#7 will be needed in the future to provide service to the annexed tracts,to be located In the vicinity of the 1-33W/F.M. 2449 intersection. The City of Denton Fire Department Five-Year Strategic Plan Is scheduled to be presented to City Council on March 3P, i999. The plan will provide additional detail regarding proposed fire and emergency service delivery to all parts of the city,including Tracts#1,02,and #3. C. Water/Wastewater Services Current City of Denton CIP funding is prol7ammed for the construction of a 20-inch water line extension that will reach the Hills of Argyle subdivision on U.S.377. The be will be extended further south to Tract#3 in a subsequent phase, Construction of these Improvements will begin within 2 years and will be completed within 4'b years. Development within Tract#3 Is expected to run the line west to 1-35W. The property owners o f Tracts#1 and#2 will be expected to eactend water lines from 1-35W to deliver water for development. Interim water service options are available, Wastewater service will be made available through either exteruions from the Hickory Creek Interceptor sewer system or through on-site treatment plants that are owned,operated, and malntalnod by the City of Denton. See Annexation Se+vice Analyses for further detali. D. Stormwater Drainage Services 25 , Drainage improvements will be made by property owners at the time of development. Maintenance will be the responsibility of the City of Denton,supported ae a funetion of water and wastewater fund transfers paid by rate payers. E. Solid Waste Collection and Disposal Solid waste service are available to the annexed tracts, Existing contracts between customers and private waste hauters will not be disturbed. Equipment and personnel needed to serve new development will be added In propordon to growth in the customer base, F. Electric Utilities Electric service will be made available upon request to all of the property within the areas being annexed. C. Parks and Recreation Services Neighborhood parks will be provided as residential growth occurs, as per the City of Denton Park Dedication Ordinance. One community park will be needed In the longer term. The community a park and additional personnel will be funded as appropriate throue.city funds. H. Streets and Roads Crawford and Florence Roads,located on the perimeter of Tract 01,will not be annexed,and will remain the responsibility of Denton County. Johnson,John Paine, and Allred Roads In Tract 03 will be upgraded by private development,and ultimately maintained by the City of Denton, F.M, 1830(Country Club Road)Is a state facility and will be upgraded and maintained by the Texas Department of Transportation(fXDOT), 1, Building Inspections/Cade Enforcement Services E Services are avt",%bit now for the area to be annexed. Additional personnel sill be dedicated to the areas to L c Ar.-vexed as dictated by growth, J. Library Services The Library Master Plan will determine the appropriate method of service delivery for all areas of the city,and Is near completion. The plan will be presented to City Council In late Apri11999, r s ' f .. f (Irk 4 c r r 26 1 t c, M I Exhibit D i INVOLUNTARY ANNEXATION SCHEDULE TRACTS #1, #21 AND #3 Ae.6dA(d0Vk 1T,19DD Friday, March 19'' Notice published In Denton Record-Chronlcle for both CC public hearings. Monday, March 291 City Council conducts first oublfc hearina. • Public notice must be no less than 10 days and no more than 20 days before public hearing, • Special Called Meeting o kmexatlon Study prepared and available for public review, j o Service Plan prepared and available for public review. j Tuesday. March 30"' City Council conducts second gubllc hearina. • Public notice must be no less than 10 days and no more than 20 days before public hearing. • Special Called Meeting Sunday, April 0 Notice published in Denton Record-Chronicle for Planning and Zoning Commission public hearing. Wednesday,April 14l" Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and the proposed zoning, • Public notice must be no less than 10 days before public hearing. Tuesday,April 20th City Council by a four-fifths vote Institutes annexation \ proceedings. First reading of annexation ordinan e, • Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sunday, April 7y" Publication of annexation ordinance in Denton Record-Chronlcla. Tuesday, May 2e City Council by a four-fifths vote takes final action. Bmnd reading And adnntinn of the anno fitig. . .ar��_�_ • Council action must be more than 30 days after publicatton of ordinance and leas than 90 days after oouncli Institutes annexatlon proceedings, • Special Called Meeting(scheduled Work Session) 21 E 1 c. 1 i No, 9.014 , AGENDA INFORMATION SKEET hQa*bm Dab AGENDA DATE: June le, 1999 DEPARTMENT: Planning& Dev iopment i CM/DCM/ACM: Dave Hill I SUBJECT Hold a public hearing and consider adoption of three ordinances to temporarily designate three tracts of annexed land,amounting to approximately 2,549 acres, as Agricultural("A")zoning district classification and use designation;providing for a penalty in the maximum amount of$2,000.00 for violations thereof;and providing for an effective date Descriptions of the tracts affected include: a. Tract M1 (A-80): approximately 1,952 acres of land located at the southwestern edge of the City of Denton's extraterritorial jurisdiction, between Crawford and Lively Road$, approximately 5,800 feet west from 1.35W, and east from Florence Road. [Robson property) b. Tract M2 (A-81): approximately 125 acres of land, 1,000 fed in width extending north from Crawford Road, and extending to the west approximately 5,800 feet from I.35W. [Milwood property) 1 c. Tract M3 (A-82) approximately 472 acres of land, located between 1.33W and U.S. 377, north of Crawford Road and south of Alred Road. [Huflines property) On May 1",and June e, 1949,the City Council continued a scheduled public hearing and consideration of three zoning ordinances to June 151i, 1999. City Council was scheduled to approve the annexat°on ofthree tracts of land, as identified on the map in Exhibit A, on May 250, 1999,and action was Ali ,postponed on May 25'", We 1", and June 0. Three companion ordinances(attached as Exhibits A, B, and C) were prepared for Council consideration on May 25'x to establish the initial Agricultural zoning for the tracts, and remain unchanged since that date After consideration of the involuntary annexation ordinances, Council is scheduled to hold a public hearing to hear comments regarding the proposed temporary Agricultural ("A") zoning for Tracts 01, M2, and 03,and consider approval of the associated ordinances. If approved,the effective date of the ordinances will be June 29 , 1999, which is the same effecti-,a date of the involuntary annexations of Tracts 01, a2, and 01. The ordinances are required to establish the legal validity of the temporary Agricultural zoning for each tract that becomes newly annexed in the absence of a specific zoning application submitted by the ' property owner, The annexation ordinances prepared for Council consideration also contain Provisions to assign Agricultural zoning to the annexed tracts, but do not contain the penalty clause (maximum penalty of 52,000 00 for violations)needed to validate and enforce city zoning regulations. If the annexation ordinances were amended to add the penalty clause,the ordinances would have to be fe- l ` I r published in the newspaper,and Council would have to wait another 30 days to approve the annexations, During a Special Called meeting on May 10, 1999,the Planning& Zoning Commissirn recommended approval of the temporary Agricultural zoning for the tracts by a vote ct 7-0. Discussions with the owners of Tract k 1 and Tract 113 have led to consideration of mutual agreements regarding the coordination of annexation and zoning approvals. Tract 01,owned by Robson Communities, Inc., is also subject to a voluntary annexation petition that includes land currently located inside the Town of Northlake extraterritorial jurisdiction (ETJ). If a Dent on-Northl ake interlocal agreement is executed before June 1 S'h, staff will recommend that the involuntary annexation ordinance for Tract NI be withdrawn in favor of the voluntary petition. A PIanned Development zoning application has been submitted for Tract 0, owned by the Huffines family. Negotiations regarding both of these tracts are not yet complete, Any changes that may affect the involuntary annexations will also affect the attached zoning ordinances, and will be reported to Council on June 156. OPTION The options related to the affected tracts are more closely related to the annexation actions than the zoning classifications. Should Council wish to consider other use designations for the tracts, separate procedures would have to be followed, as per the city's zoning ordinance. RECOMMENDATION l Staff recommend%that the zoning ordinances for Tracts 01, 02, and 03 should proceed in correlation with the progress or related annexations. If the annexations do not occur,the zoning ordinances will not be considered by Council. If the Denton•Northlake interlocal agreement is signed, or if an agreement with the owners of Tract N3 can be reached, staff will make changes to these recommendations on June 156'. ESTIMATED SCHEDULE OF PROJECT The zoning ordinances, if approved, will take effect June 29 11, 1999 February 23 1999 Council approval orannexation schedule March 29'h, 1999 l" Public Hearing March 30t1i, 1999 2°d Public Hearing April 14'h, 1999 Planning&Zoning Commission recommendation of approval, 4.2 April 20'h, 1999 City Council approval of three ordinances by super-majority, with an amendment to reduce Tract k3 from 1,025 acres to 472 acres May 10, 1999 P&Z recommendation orapprovel of Ag zoning, 7.0 May 25'h, 1999 City Council postponement of action on annexation ordinances until June I" City Council continuation of zoning public hearing and action to June 1" iJ June I', 1999 City Council postponement oraction on annexation ordinances until June WN City Council continuation of zoning public hearing and action to June g6i June 8"i, 1999 City Council postponement of action on annexation ordinances until June 10 City Council continuation of zoning public hearing and action to June 156 2 I� u f Additional briefings and consultations have been held by the City Council with respect to litigation filed against s Fresh Water Supply District that his allegedly annexed a portion of Tract 03. FISCAL INFORMATION Not applicable. EXHIBITS Exhibit A: Map of Tracts N1, 02, and k3 Exhibit B: Draft Ordinance ( Robson tract) Exhibit C:Draft Ordinance ( Hillwood tract) Exhibit D: Draft Ordinance(Huffines tract) Respectfully Submitted D p4M, Hill Assistant City Manager, Development Services A 3 1 . ti , r I� r> „ ^�` '• "`� '`f. �.r.' i+. 4:jai .;+ •�/.gip ' F�'� � x• ON SO/ ter ^ , � � Ii "0. "4' "+inn , ✓ / x�/ 'j r / / %� ii I • I ',� 1. { ' ' EXHIBIT B „ ORDINANCE N0. o AN ORDINANCE OF THE CITY OF D}3NTON, TEXAS, PROVIQNCi FOR TEMPORARY ZONING TO AORICUL'RIRAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR ANNEXED PROPERTY TRACT #1.F0t;dPPROXIMAxEt.1l; ',9 � A,C,RBSi;i 4r%):AT $:SbU7'>31VBST�r EDtIE' 01?'Tlk�'C7TY•OF='nI?2�1TON'S E}CTRAT 2RIT6)dk.Ti:i1JFtISD1CTI02�,'• ;'"' BETWEEN CRAWFORD ROAD AND LIVELY ROAD, APPROXIMATELY 5,800' FEET WEST FROM 1-95W,AND BAST OF FLORMCB 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 01"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;an i t 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,the City of Denton Planning and Zoning Commission recommended temporary zoning•of"Tract 11�" toAAgric0tural (A)zoning by a vote of 7.0;and. Y WHEREAS,the City Council finds 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 I: That the zoning district classification and use designation of Tract 01 consisting of approximately 1952 acres described in the legal description attached hereto and incorporated hereld as Exhibit A, Is classified as Agricultural (A) zoning ' 1 district classification and use designation unde, the comprehensive zoning ordinance of { the City of Denton,Texas.�s+ S SECTION Il. That the City's official zoning map Is amended to show the zailh district classification. SECTION III. 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 i t'ds ordirance is violated sball constitute a separate and distinct offense. A , . SECTION IV. That this ordinance sball become effective fourteen (14) days from the date of its passtge,and the City Secretary Is hereby directed to cause the caption • U 1 0 1 of this ordhmoe to be pubUshed Wee 16 the Denton Reoord-Chromate, a daily newspaper published in'the City of Denton,Taxes,wkhln I on(10)days of the date of its passage. r r }�.�,yv �� 1 . 1 ! 1 1 k \tir••. ry� 1'le 1 !� � • 1 +, PBfl}(sth¢�i`%�:'cdeL�+Qfs�`•; + rvc.+,•+ y•,y�r ` . .r�'1.y ty4. !S�, ,���.•i� •'��'..i:4�1r1�•:n.yr� yi .� �.�1,1 'M. n•.'i. 1♦ •Y,1,'}'v ���Z. .t' JACK MILLER.MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: ' 1r , 1 . "'r, ' 4j F '? • v. '! r r,r.yy a• 1 �I!`�,1�r;`�r'y . . 'r` . it _ .r. � •.• '. .r •s. APPROVED AS TO LEGAL FORM: IMR13ERT L.PROUTY,CITY ATTOMY ' BY: _ o 1% 17, 7L L 1 1�.''T y•'r��•W♦ yyf ,• •1. y, 1I. ."1 i�': '�rr . �'1 . . r. 'F c r r .tr. i�,•t • ' Exhibit A IRACT#1 Ali that certain lot,tract or parcel of land tying and being situated In the County oFDenton, Stat's of • .:;faeces,}�tbel+d,�rNCie�k,StUv�55�b�4s�11um '11�}�,thoP�GfeF�f4y.'Ab�srpct X502,• 1,; .�,.'•r r y�♦ i ,, ,t ,. li., • 5 ",S )4 .r i 9i�I v "1�1 rj'G ♦ '.�.: •• t fl 'she H�B `C: �tv�yf,'}lbsipdttbDas7;sba J: N .7�bstraCts;IV the F. Oliver Survey, Abstract Number 989,the J.K Paine Survey,Abstract Number 1617,and being more ppAieulariy described as follows: Commencing from a point In Crawford Road,said point also being t Southeast comer of said M Scurlock Survey and the southwest comer of the R Pizano Survey,Abstract Number 994,Denton County, Texas; Thence North 00 degrees 37 minutes 19 seconds Past with the test line of laid R Scurlock Survey, I and the West line of said B,Pizano Survey,a distance of 30.00 feet to the POINT OF 13130I1ldl G of the herein described tract; { Thence North 89 degrees 51 minutes 20 seconds West along the North line of Crawford Road and being 30 feet north of and parallel i the south llnq'of Bead Sarlock Solvay, a d1sWee of 3P40•02 y . ,. '•feetlospoi4tetti?ebegtniiigofdaiivettele9, l aence with said curve to the left having a central eaglt of 89 degrees 29 minutes 36 secaads,a radius J of 2640.00 feet,to a point; Thence West a distance of 1037.44 feet to a point for comer Thence North 00 degrees 00 minutes 47 seconds Bast it distance of 1064.92 feet to a point for corner at the beginning of a curve to the left; 4 '3 hepbo lvith relit cur4e lq tht Deft fia* 1E caatial aag�e f$4 degreES 90rmtauses 46 ato6nds;a radius • `2644,00 feet to e polat for corner, � �' Thence North a distance of 1141.19 feat to a point for comer at the be8 nnlag of a curve to the 140 Thence with sold curve to the left having a central angle of 02 degrees l0 minute 14 seconds, a radius of 2640.00 feet to 6 point for comer, Thence North 84•degrem' 51 minutes 47 seconds Bast with it North line of said 2426.81 dent tract it i distance of 3017.94 feet to a point for corner,. , i . ' • . • 1 , � III i Q U Then"North 00 degrees 20 minutes 02 seconds'Yeat,a distance of 1708,41 foot to a point at the Southeast comer of East Ponder Estates, an addition to Denton County,Taus, scoordigg to the plat thereof recorded In Cabinet 0,Page 367,of the Plat Records of Denton County,Team;`" � �.." t' J '•ti 3' 1, 'r''••I�{ �i�Y� r !� 1 „S' 4e;429 • '3'',�LPr•;�•''�� ioono ii iy of�;e �a!° .':�.'fy'i,�°lf�•T•,�',"�.�j.���,�♦i�a P�.�dk�J,/�dT�'U•f.'�p�ia,/{a�:..5'd�,�1'f, j' t��'�.• ` ', •r '• F x• 3 Thence North 89 degrees 51 minutes 43 seconds East slong the south One of l f•Lively Road and being 30 feet south of and parallel to the North One of said],McGowan Survey,a distance OT5700.31 fw to a point for comer; Thence Southerly,a distance bf 6824,00 feet to a point for corn u'at the Southwest corner of the 0• Pettingale Survey, Abshxct Numbar 1041,and the Southeast corner of radd P. Garble Survey; Thence Easterly a distance of 1221.00 feet to a point for comer on the South line of said 0•pettingale Survey at the Northeast comer of Bald M Scurlock Survey and the Northwest corner of said 13.Pinno Survey; T .enee Squtb',00 degrees 29 minuled OH 4eood i it tbb l tit¢o>;s fd 3odrloek St r}tpyt.i.ti and the West line ofaeld Pizarro S , ' > , • ' t''' "� L urvey,a distance oit2C74.$9 lbet tb a ant for comer Thence South 00 degrees 37 minutes 19 seconds West with the East line of said K Scurlock Survey and the West line of said R Pisan Survey,a distance of 3315.00 feet to the POINT Op igRownNo and oonleW ng In all 1,952 acres of land. 1' ,•,L, 1 '1,. ', ,` f•..t� •��',r} t .lif �' y 1',�1�, •a �Lf?,!' S��'Y'Yy ��"P'T�1`�'��iF�•�1•f�� �.iY��41'�5.•�r {�. r �i' r EXHIBIT C ORDINANCE N0. ' AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDIN&-FOR"'' TEMPORARY ZONING • TO AGRICULTURAL (A) ZONING DISTRICT , . CLASSIFICATIO USE DBSIONATIO POIRANNBX�D #tO�eTY;TAP ' X12 f*OIt AI'PFtO�LXJ25 gCR�S 111P>�d�CIMAT61.Y, 1.'OQO,FB IN WIR EXTENDING NORTH PROM CRAWFORD ROAD, AND EXTENDINCI TO 77TH` WEST APPROXIMATELY 5,800 FEET FROM I-35W: 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#2"and more particularly desen`btA In Exhibit A;and WHEREAS, the proper development of the annexed property has not yet been detennined and has not been permanently zoned;and I r 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.the City of Denton Planning• And Zoning Commisslon recommended temporary zoning of"Tract #2" to Agricultural (A)zoning by a'vote of 7-0;'and r ' WHEREAS,the City Council finds that the toning will be In compliance will►this 1988 Denton Development Plan and the 1998 Denton Plan Policies; NOW, THEREFORE TIM COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ' SECTION I: That the zoning district classification and use designation of Tract 02 consisting of approximately 125 acres described In the legal description attached hereto and incorporated herein as Exhibit A, Is classified as Agricultural (.1) zoning district classification and use designation ynder the , omprehensive zoning ordinance of the City of Denton,Texas, 1�r A.; , , - SE, E ON It. That the City's.0McS&1 zonirig map (s imendat, d to show the zora i district classiGcati,vt EC ON III. That any person violating any provision of this ordin'enes shall,', upon conviction, be fined a Sum not exceeding$2,000,00. Etieh day that a provision of this ordinance is violated shell constitute a separate and distinct offense. i SECTION Y. That this ordinance shall become effective fourteen (14) days; t. 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 I I I (I ' I Ills Ili newspaper published is the City of Denton.Texas,within ten(10)days of the"of its Passage. PASSED ANDAPPR01 D,4Jsthe daYof Ong + ' e� • , ♦ f I.7h'� Ir SS '' 1 Lr ! :1 1 i• h r .• L, 70:,sue—�c,; w J r A lv r �e�I� 7�Yyles..r''?'!?Y . •. 1' r� • y r1.! �r l6'�'Li�dli�f 1.� •.1 ' ,�7,7.1�� I '7•^�tFi lt't�' �r •!'j/+tlS}l� �7('S".,n. �:.�I �P xJa,f,• .•'. JACK MILLER,MAYOR ATTEST: JBNNIFBR WALTERS,CITY SECRETARY BY: �rw 7 r 1 1 •fr . t6: •r {4•r 11'1„a17+!LY4 �.,Jiw�:"�.•' r .14� �. '. it r • 1 0 4AA. P ♦ �. ? APPROVED AS TO LE' GA►L FORM: HERBERT L.PROMS CITY ATTORNEY •.' . BY: �•' 1• r .f . 1) l •'� , �1: fe�lllLl(I rLL:�. 7 �''/ 4 /,'• r \ •f � / � . �IYJ �� ! r ti: !Lrt 't I•, ' ,r+- � rty !r{:.Ylr„ t . l�. . +b +y1r � ;� r �'.t �{� a �1 , .1'_ L,a.: 1 .r `t.Y.l,':��.� �11 �.r. i vw�w}•/411E.,;�rr�ry�I�F1)'/ ',k�>!�i�+��.^7.,TL,�'y��w 3..••l. ,� . ... . . ... � 1� •1 .lJ rh�u. '.r +t i. L�I� • ..J.•� �.4�,!�itn� 't.(a' Y' 1 • a 4 • 7•'1 I If . 1!I I �i. .ri lt!{t17 4 :S •'i ii7 4rh'1 I� p:'. f j � Ji . F ),zhIblt A TRACT#3 ALL that certain lot,tract or parcel of land lying and being situated In the County of Denton,Stilto of Texas,In the B.Pizano Suvvey,Abstrm ,;t Nud..13, 994 and being more particularly describedy as `+ ,.€��1�'If ti. j y ''� 1l.,,.• •.�,t L,r r�•75 \a y r A r 3 ,r 11.f hell•..: v' •f �r Y� 1ir 11� � �• �' ri'' }� ih:'\{ xis • fv r� 5 'r '� .�., �� ,�'.� , i kll� �T ry ff ,i �r•. ',r t�a� 1i. ,.. ,i COMMENCING at a point In the existing Denton city limit line as established by annexation Ordinance Number 74-36(Tract 1),said point lying 577 feet west of the intersection of the centerlines of Interstate Highway 35 West and Crawford Road,said point also being 500 feet northwesterly from and perpendicul er to the centerline of Interstate Highway 35 West,said point also lying on the common Apportionment Agreement line established on November 10, 1969 between the City of Denton and the Town of Argyle and recorded in Volume 716,Page 145 In the Deed Records of Denton County, Texas, said point lying In the south line of the 13.Pizeno Survey,Abstract Number 994 and the north 1 ne of the Patrick Rock Survey,Abstract Number 1063; p THENCE northeasterly along the existing Denton city limit line(Ordinance Number 74-36(Tract 1)), parallel with and 500 feet perpendicular to the centerline of I R 35 West a distance of 28,83 feet to the POINT OF BEGINNING, said point lying on the north right-0--way line of Crawford Road,25.feet nortl,of the said Dent onlArgyle agreement line; :r f �✓ 1, THENCE Forth 89 degrees 32minutes 57seconds West along the north line of Crawford Road and being 251 north of and parallel to the said DentorJArgyls agreement line a distance of 5,119 feet,to a point for corner, said point lying on the west at of the said B.Pizano Survey,Abstract Number 994, some being the east line of the M, Scurlock Survey, Abstract Number 1141; , THENCE North 00 degrees 04minute3 29 seconds West along the west line of the said E,Pizano Survey, Abstract Number 994 and the east line of the M, Scurlock Survey,Abstract Number 1141, a distance of 1000 feet to a point for comer; 7liSNGE South 89degrces 32m1slules Stisecgnde Pdst,1000 feet north o hnd��aiaflel o tea no the, of Crawford Road, a distance of 5,751 feet to a point for comer,said point lying on the exlsting Ii?un y city limit line as established by annexation Ordinance Number 74-36(Tract 1)and Iying 500 feet northwesterly from and perpendicular to the centerl lot of Interstate lghway 35 West; ` .r THENCE southwesterly along sold existing Denton city limit line as established by annexation Ordinance Number'74-36(Tract 1), 500 feet from and parallel to the centerline of InterstateHig4r'vilriy 35 West a distance of 1,178 feet to the POINT Ol;SEOINN1240 and 00atal;1%125 acres of land; more or less. EXHIBIT D ORDINANCB NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROViDINO FOR TEMPORARY ZANINO TO AORICULTURAI��'�,(Al ZQNINO, DISTRICT CLA$SIFIC�1`I,OT�j/114151t9ADES}Q)lt�iiOT�FQR:s+���9 $Op � i'i ,> �'ORA'PPRb*J Et10-472'A RES,LOCAT�1� ft*EM11.3511 U,S. . 377, NORTH OF CRAWFORD ROAD, AND SOUTH OF ALRED ROAD, PROVIDINO FOR A PENALTY IN THE MAXIMUM, AMOUNT OF $2,000.00 DOLLARS FOR ANY VIOLATION 1HEREOF; AND PROVIDJNO FOR AN i EFFECTIVE DATE. WHEREAS,the City of Denton on May 25, 1999 on final reading annexed the property designated as"Tract 03"and more particularly described in Exhibit A, and WHEREAS, the proper development of the annexed property I,as not yet been detemrined and has not been permanently zoned;and I I I 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, 19990 the City of Denton Planning end Zoning Commission recommended temporary zoning of"Tract k3"..to.AO cultural, a (A)zoning by vote of Q-0;end " ,. WHEREAS,the City Council finds that the sr •'ng will be in compllanee with the 1988 Denton Development Plan and the 19' Denton Plan Policies; NOW, 'THEREFORE ' THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SUCTION I: That the zoning district classification and use designation of Trees 43 consisting of approximately 472 acres described In the legal description attcehed hereto and Incorporated herein as Exbibit A, Is classified as Agdcultural (A) zoning district classification and usu designation under the comprehensive zoning brdinance of the City of Denton,,'feitas 1tr ; r' 'i , •1 a =r; i .°j;r '♦ ,�.� r110��•�+Jf a, i 9'hat the Cit?a official zoning snip is amended to dhow the zoning district classIn6atlorir 5EC31ON D1. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding 12,000.00. Each day that a provision of f this ordinance Is violated shall constitute a sepF '.and distinct offense, ' SECTIM I , That this ordinance shall became effective fourteen (14) days j from the date of Its passage, and the City Secretary is hereby directed to cause the caption " I of this ordinance to be published twice In the Denton Record-Chmalcle, a dally" r v V newspaper pubUsbed In the City of Denton,Texas,wiCa tea(10)days of the date of Its ` passage. PA SFFll ANR) PAOVI 1? Us�e c�ay Rf a f1 •r {,.p P' "�+ r ,1 SI Y�Ji <•.1 Y J SQ . r '."ii`< '�'IY ., a1 .,t Iq � i'k l,.t'�V,,"�.�.'l}� • N 11rf tV! �}V it A,'•" l$ r� r ,r.7.' � r.ht" , .4 �*} '"l•�Y"4 l f�i�l1{ tl .rtfl,(I�r,�}f,,r ``{F •��tr�,\� t•' "r�. �irlrf � 17�ku.. �;fi,1! \ 1,.. �l. ITS •'Y t'„ � -�• K. T r..� FJ�,?T 1 Y:il L� r Y:r\ IJ 1 r .:N r + . r i JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVF3D A§TO LEGAL FORM: HBR]3ERT L.PRdUTY,CITY ATTORNEY BY: j 1 r r' + , ,'i. r + ,,• "S, .7'i;?r �" r S't�{t �� •r' U. ` `` `5 Y ' i� t! •^f! ,,.''+'i7 r1�1'l,, 'v��{''t1p11N1.1!,• \''{r,S1+F�`14•,y�Ft .D? ,7fwl�.«r.,.�^#,� r�� rrr I i I i Exhibit A TRACT 03 ALL that certain lot,tract or parcel of land lying and being,situated in the County of Denton,State of Texas, I n the B.B.B. &C.R.R.Company Survey,Abstract Number 158,B.B.B.&C•R.R, Company r • S•P.(VCYr �>; cl;Till?�38<<1 �+$.E18r G�.It,PQQ3 . 11. 1 5SS�b' �t�it(ilib� 6Pi ',Cifa2iert'�. vl�','� Suiv63,'Abstractfl m�,fer 4; iirnb�Suit�ey;'�►bliA atnbEC 4Dd, 'SrrisSth',SUiv6y;/�>iS[tao{'' �`r Number 1181,W, Smith Survey,Abstract Number 1182 and being more particuiarly described as follows: BEGINNING at a point In the existing Denton city limits line as established by Ordinance Number 69- 40(Tract Ill),being the most southerly southwest comer of said Ordinance Number 69-40('Tract IIm said point lying 500 feet northwesterly of and perpendicular to the centerline of U.S.Highway 377 (Fort Worth Drive); d TIISNCE North 278 289 Esst parallel wlth and perpendicular to the oenterline of U.S.Highway 377 (Fort Worth Drive)along the existing Denton city limits line as established by Ordinance Number 69- 40(Tract M)a distance of 1,680 feet to a point for corner,said point lying In the south line of the William Smith Survey, Abstract Number 1187 and in the north line of the Spencer Graham Survey, Ab4treo(,)`lumber468 / THENCE North 888189 390 West,departing said existing Denton city limit line and continuing along the south line of the said William Smith Survey,Abstract Number 1187 same being the north line of the Spencer Graham Survey,Abstract Number 468 a distance of 2,030 feet to a point for ooreei, • r THENCE North t.3 309 520 East a distance of 2,769.64 feet to a point for corner, said point lying on- the south line of the B,13.13•&C.ILR, Cofnpany Survey,Abstract Number 159,said point also being the on the north line of the William Smith Survey,Abstract Number 1182, said point also lying in Johnson Road; THENCE weslerlyaforig's/tditii4ey'lisies aising'it 731'ieete'southeasfoorriei'ofa'frectaFu'e$tE�y 'a the City of Denton by Ordinance Number 91-033(Tract I)and continuing along said existing Denton city Iimlt line established by Ordinance Number 91.033(Tract 1)and along eel survey lines a total distance of 3,083.69 feet to a point for corner,said point being the northeast oorner of the B.D.D.& C.R.R. Company Survey, Abstract Number 158,sai4 point also being the northwest comer of ibe r r William Smith Survey, Abstract Number 1182 and also being at the Intersection of Iohnson Larne and Paine Road; , P. • i 4� YY � J /. 1. r ' r THENCE South 008 029 390 West along the existing Denton city limits line established by Ordinance r Number 91.033 (Tract 1)and along the east line of the said B.B.B.&C.R.R. Company Suevey, ' kb street Number 158 a distance of 3,648,27 feet to a point for corner, THENCE North B.".329 290 West along the e�dsitng Deptqh cit)r llmita,llge Qs�ab�iphed 0 manse , '",.a x x J 47 J �TtiimbeY9l 493 (Trectl a drbls?ic9 0$'4 f}ett tofr[t4r Wf�? �,1; te^�•�r �i, ;; ,,k ,, `, .. � . } O J . t , �. ,. .1„v 1' ..r ' , , .,r',, t,� it 'rl x'' ., I .. c ♦ S. 10 THENCE North 008 589 250 East slong the existing Denton city limits line established by Ordinance Number 91-033,(Tract 1)a distance of 300 feet to a point for comer,said poin t being at an intersection of the City of Denton annexation tract lines of Ordinance Number 74-36(Tract 1)and of Ordinance Number 91-033 (Tract 1), said point also lying 500 feet southwesterly of and perpendicular to the centerline of Interstate Highway 35 West; THENCE South 298 559 510 West,500 feet southwesterly of and parallel to the centerline of tit Interstate Highway 35 West and along the existing Denton city limit's line established by Ordinance Number 74.36(Tract I), a distance of 1,300 feet to a point for comer, THENCE North 898 549 050 Bast,depaiting said existing Denton city limits line established by' Ordinance Number 7A-36(Tract l),a distance.of,350 feet to a point for comers,mild point being the northeast corn er of a tract to Jeri Arthur.Gt dpbi•,by&M.tedorddd fn"VblUMO&9'j V, �e 459 oftEt'6� Deed Records ol'Denton County,Texas; THENCE South 008 159 030 West along the cast line of said Cooper tract a dlitanoe of 426.80 feat to a point for corner,said point being the northwest comer of a tract to Joe T.Simpson by deed recorded , In Volume 3097,Pate 570 of the Reel Property Records of Denton County,Texas; ^ 71 MNCII South B98,4 4 9 500 Bas,along tho north IlA of said Simpson tract a distance of 200.05 feet to a point for comer, said point being tho northeast comer of said Simpson tract; i�NGB.Souih� • , • rx , '• 'fin . . ,; ., Y , �', r, ^, „ T'1 008 079 51 f Wens oleng the east Ine of seid$tarp;b `t;ecl;e�islggCg bf 3,13 s4ort o a; , point for corner,said point lying oil the north'right-of way line of Crawford Road and said poln#also lying 25 feet north of the common Apportionment Agreement line established oa November 10, 1969 j between the City of Denton and the Town of Argyle and recorded In Volume 716, Page 145 to Deed Records of Denton County,Texas; THEN In an easterly direction along the north line of Crawford Road most of the way and being 25' north of and parallel to the said D,4nton/Argyle agreement line a distance of 2,351 feet to a point for r t' v i comer,said point lying 25 feet west of the said becton/Argyle agmmept line and sold point lying on e the wept right-of-way line of John Paine Road; r THENCE in a northerly direction along the west right-of-way line ofJobn Paine Road,251WVN t of and parallel to sold I)eptonlArgyle agreement Ii�Q a didpea of 7,67 feet tQ a pglnt for ootner, f i a + t f 5 , .,. 1 M.. A♦ f, A.. y . ✓e t' $ 1 o „r ' r r ry h $49 r 3 '1\;A4 r'M1 I,} �!I.t• �t Y J y � 43. A -4- •f � l; 1. ITV �! C ' '..lt+''t♦t�r!1{,�! r1`r,f^} f� �M„fi. Mls� �J.�1.�Q'\ " �t� }•� i �.',1Lj J.�� 1:'1♦ ry��r IC Sout i 8 3tf4 Ust pas3lrig at i fbet the edit ifoe'of ttie $.>`<:rdt jtli,s 00, Abnract Number 158, same being the northwest comer of the William tiazaway Survey,'Abstrapt dumber 480, same being the southwest corner of the May Smith Survey,Abstract Number 1181, "being a ' common comer along the•said DentonlAree agreement line,and passing at 2,641 feet the northeast comer of the said William Oazaway Survey,Abstract Number 480 same being the southeast corner of said Mary Smith Survey,Abstract Number 1181 same being the west lino of the S. Orsham Survey, Abstract Number 468 and cont,duing along said Agreement line a total distance of 4,666 feet to a point in the centerline o£the Union PaclfioRailroad(formerly the Tom&P►t,•lfio Railway)for corner; 1� THENCri North 278159 Eta with the centerline of the iteion Pacific Railroad sad along the said,, Denton/Argyle agreement line is distance 250 feet,more or less,to a point for corner,aid point lylflg on a southerly line of the existing Penton city limits'ss establiabod by OrdiruuoeNumber 69.40(Ttrsot '.• . r �• 11 1 + 1 , I yi+ y 4 '.. ♦ , ., • 1 �* `a '� �J '' 4♦ p:V,l • '' 1 ♦ .tJ 1, 1 1. � i ♦ \f /N,'♦ • ,ti�, 1 {Y •'.•'I / •.. .�'ls {•L'�YI'• \ I7.1'.�i ••;+ THENCE westerty along acid existing J3enton city limits line ea estabtisti'e�by Ordli ante Number 69- 40(Tract rM,departing the said DontonlArgyle agreement line, a distance of 430 MM to the POINT OF EEOINMO and'contalning approximately 472 acres of land. x d. ! i t ,h,r�',.� ' 1 '♦+ {f X11 61 '1 ' li/11 O'•rti`.'♦ 1 Isry�1h l�.rlh t'' �" I,ri!•�f l.,'�.ji�,lj�`�\I�°.A; 1 �. r r•1 '' tl �,, 1r ^ .'�l'.r '�f �.1• 1{, .1'fl l ,r , .y.�} •i 4{,u . u • 16r ' '.•. .. � Ji I '� t 1 ' a AGENDA INFORDIATION SHEET AWda No. AGENDA DATE: June 15, 1999 pay bL - 1� 49 DEPARTMENT: Planning Department CNN/DCNIIACM: David M, Hill, 349-8350 SUBJECT Hold a public hearing and consider adopting by resolution the Fry Street Small Area Plan. BACKGROUND At the May 25, 1999 City Council work Session,Council members directed staff to prepare The Draft Fry Street Small Area Plan for adoption on June 15, 1999. At the June 9, 1999 Planning and Zoning Commission public hearing, Planning Commissioners made a recommendation to the City Council to approve the Fry Street Small Area Plan with one minor amendment. The amendment is to strike out the language In the parking and traffic recommendations that limits the amount of retail and restaurant square footage if parking regulations in the area are completely eliminated, Staff has revised the plan to reflect the amendment. Tre Fry Street Small Area Plan is the first in a series of specific community plans to build on the work of the Denton Comprehensive plan,which is currently under review. While the comprehensive plan sets a framework for planning and strategy development for the entire City of Denton, the small area plan supplements the comprehensive plan with more detail necessary to guide cv cryday community development decisions, The Plan addresses the Fry Street area in greater detail to cover existing characteristics,trends,Issues, and opportunities for the area. Through a review process with residents,business owners and other stakeholders in the area,a framework of recommendations on future land use,transportation, and public improvements have been formulated. This framework will assist future dcclsion-making and will guide the case-by-case development of the area. The recommendations,which are supported by the Fry Sheet Development Corporation and area stakeholders, are attached to this report and are presented in the plan. The Fry Street planning area is identified as the area bounded by Welch Street to the east, Oak Street to the north, Ave B to the northwest,Ave A to the southwest and Mulberry Street to the south, T he Fry Street planning area is approximately 112 mile from downtown Denton,Texas, pglog ACTTON/RED ILW (Council.Roards.Commissions) Nis), 25, 1999 — City ;"ouncil Work Session. Council members received it report, held a discussion and provided staff with direction regarding the Draft Fry Street Small Area Plan. June 9, 1999 — The Planning and Zoning Commission held a public hearing to consider making a r.,commcndation to the City Council regarding the Fry Street Small Area Plan. 1 4 M FISCAL INFORMATION Implementation of this plan will require both short-temt and long-term public Improvements that will primarily be the responsibility of the City. Area enhancements will require a financial commitment of 5200,0004280,000. P& Z RECOMMENDATION The Planning and Zoning Commission recommends approval (7-0). ATTACHMENTS 1. Resolution Adopting the Fry Street Small Area Plan 2. Fry Street Small Area Plan Respectfully submitt 11 Hill Assistant City Manager for Development Services Prepared by, Dodra Dente Ragland Planner 11,Small Area Planning 1 I I I y C t I I c� ATTACtiMENT 1 RESOLUTION NO. A RESOLUTION ADOPTING THE FRY STREET SMALL AREA PLAN FOR RECOMMENDATIONS AND IMPLEMENTATION ACTIONS FOR AREA IMPROVEMENTS;AND PROVIDING AN EFFECTIVE DATE, WIIERE AS,the City of Denton is formulating a new comprehensive plan to be adopted by the City Council;and WHEREAS, the Comprehensive Plan will set a framework for planning and strategy development for the entire City of Denton,and a small area plan,through the Small Area Planning Program,will supplement the comprehensive plan with more detail necessary to guide everyday community development decisions; and WHEREAS, the City Council adopted the Small Area Planning Program and authorized the initiation of a small area plan for the Fry Street Area on January 6, 1998;and WHEREAS,the Fry Street Small Area Plan is the first ir, a series of specific community plans to build o,t the work of the comprehensive plan,which is currently under review;and WHERLAS,through a review process with Fry Street area residents,business owners and other area stakeholders,a framework of recommendations on future land use,transportation and public Improvements has been formulated to assist with future decision-making and case-by- cast development of the Fry Street area;and WHEREAS, the Fry Street planning area is Identified as the area bounded by Welch Street to the east, Oak Street to the north,Avenue B to the northwest,Avenue A to the southwest and Mulberry Street to the ouch; and THE CITY COUNCIL OF THE CITY OF DENTON,TEXAS HEREBY RESOLVES: section 1, That the Denton City Council adopts t'ae Fry Street Small Area Plan and , its recommendations. Section lL that this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED on this the _Lj_day of June , 1999. JACK MILLER,MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY i By. _ i t lie` c. APPROVED AS TO LLGAL FORM: HERBERT L. PROD i Y. CITY_ATTORNEY ATTACHMENT 2 ! P [Ai i [. II �i III ll Developed by: City Council Planning and Zoning Commission Planning and Development Small Area Plan Division Fry Street Development Corporation Citizens of the Clty of QgWAn '•� ,......--"''"' Ado June i6, gge;< I a c, FRY STREET SMALL AREA PLAN Denton,Texas An Element of the Comprehensive Plan of the City of Denton June 1999 a Approved; Planning and Zordng Cc- nission, June 9, 1999 Adopted; City Council, Ju! 15, 1999 F i „/l c� I c ACKNOWLEDGEMENTS CITY COUNCIL PLANNING&ZONING COMMISSION Jack Millcr, Mayor Jim Engelbrecht,Chair Roni Beasley Carol Ann Ganzer,Vice Chair Mark Burroughs Susan Apple Mike Cochran Elizabeth Gourdie Ncil Durance Rudy Moreno Sandi Kristoferson Bob Powell Carl 0. Young, Sr. Salty Rishel Mike Jez,City Manager FRY STREET STAKEHOLDERS Fry Street Area Merchants Property Ownen Griggs Bennett, The Corkscrew Curtis Loveless J.D.Altman, Vocrtman's Bookstore Omar Bjeldo Lou Delaney, Lucky Lou's Al Camp and Grace Temple Baptist Church Fry Street Development Corporation (FSDC) Unlversity of North Texas(UNT) Sill Sloneburner, President Fred Pole, V.P,of Administrative Affairs Anita Bruno,Treasurer/Secretary Mike Amador,UNT Police Delta Lodge Residents Todd Kaastad Margaret Johnston Craig Walt FRY STREET TEAM (CITY STAFFS Planning dr Development Solid Waste David M. Hill,Director Howard Martin,Assistant City Manager Dcdra Ragland,Small Area Planner 11 Charlie Watkins,Director Michtllc Lazo, Small Area PIanner I Billy Sprabcary, Operations Manager I� Nancy Baker,Rehabilitation Specialist Rod ncy Pal lerson,Consumer Health Inspector ParAs A Recreation Ed Hodncy, Director Engineering& Transportation Jerry Clark, Director Denton Pollee DepaHment Bryan Shericb,Engineering Associate Chief Gary Matheson Lieutenant Tom Woods t Alaln Street Sergeant Scott Fletcher t ' A' Julie Glover,Coordinator Officer Mike Beutner } t' Electrical Engineering Don McLaughlin, Senior Electrical Engineer i c iI TABLE OF CONTENTS ACKNOWLEDGEMENTS......................................................................................................................................f 1. I NTRODUCTION»«...................«........» ......«..»...................».,...,,«..,,,.,,.,.,,»........................................I THE REVIEW PROCESS..................................................... ......... I PROJECT GOALS AND OOJECTIVFS............... .. ...............,,......,,,........,,,..,,.................................I I REI 1TIONSHIP TOTHE COMPREHENSIVE PLA'....................................................................... . ..............................13 HOWTO USE THIS DOCUMENT......................................................................................... .........................................3 II. AREA SOUNDARIES AND OVERVIEW..»........»..........................«.................»...«...............«..............,.«4 LOCATION...............................................................................................I........................ ...4 111STORY.................................................................................................................................... 7 III. EXISTING CONDITIONS,„........» ...».»...«..«..»...».«»....»,..«»...«.... ...«.,«...«..««...«.«».«....«.....«.....»..10 IMPACT AREA ...................... ............................,10 DEMOGRAPI IICS AND SOCIOECONOMIC PKMLE..................................................................... 10 Population................... .....................................................................................................................................10 Housing.............................................................................................................................................................10 Soclo•Economfe CharacterisdeI.......................................................................................................................13 FRY STREET STUDY AREA---,--,.........I.................................I .............. ................. 1 2 LAND USE 12 Z,ONINO............................... ............................................,..,..14 DLiIIbI NO AND DEVEIAPMtNTACTIVITY...............................................................................................................14 i PAIKINO......... ............. ........,.................... 16 TKAFFIC CIAO ULAT ION................ ................................................................. 17 IV, AREA ISSUES AND FINDINGS IDENTIFIED«......».... .»..«»..«........«............«....«..«....««.».....«.»......«!! C11 VEN PARTICIPATION REVItW............................................................................................ 22 STAKLI IOLDLK IDENTIFILLD AREA ISSUES AND O ONCERNS.....................................................................................124 SanlwfioniSolid Wastr SmIcer............................. ..........................................................................................26 Parkfng and.*raQlc.......................... 30 S0611 Offenu✓Sekry.......................... ...........................I.32 Alcohof and begs................... ............................32 Ill Property Alainfenance...................................................................................................... .33 S IAKFi IOLD L K I DENT IFl I:D AREA STRENOTI IS,,,,,,,,,,, ...............................34 s(lfdy 34 biversity. 34 Amenf lvsl Prot..Infry.....................4........,,..............I.... ...............,............,................................,..................,..,..33 RealdSe,rice..................................... ...36 culfroal ldrnfity..... ...................................................................... 31 V. CONIMLrNITN'RE%'ITALI7.ATION AND RESTORAT ION...................... 33 RI VttAL ILA 1'ION COALS.,.,...., ...........4........... .......4.........35 SFAKI'lrOI.DI-ft IDLN'I'Iri l!DST RATL<IIIS.....� 111­11114-1­4111111111 ................................. 39 Rl.('OMMLNDATIONS AND IMPI F.mNTATiON A('TIONS ,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,-.......k.......I 41 VI. CONCLIISION............................................................................«....«......................«......»..........«...........«.....60 J IIIIIIIIIIIL lei A ( t c, LIST OF TABLES AND FIGURES FIGURE 1: Fry Street Small Area Plan Planning Process.....................................................:.....2 FIGURE 2: Fry Street Study Area Boundary,City Context........................................................4 FIGURE 3: Fry Stjwt Study and Impact Areas. .......................................... ....................,......S FIGURE 4: Fry Street Study Area,Merchant Shops... ............................................ ..6 TABLE 1: Impact Area Demographics(Block Group Profile)................................................11 FIGURE 5: Existing Land Use........................................................ ...,..13 FIGURE 6: Existing Zoning.......:...............................................................................................15 FIGURE 7: Existing On Street Parking................... .........,.............,.....1 g FIGURE g: Existing Public and Private Parking Opportunities.................................................19 FIGURE 9: Existing Circulation Patterns...................................................................................21 FIGURE 16: Analysis of Physical Concerns........................ 25 FIGURE 11: Solid Waste Collection............................................................ 28 FIGURE 12: Utility Poles and Street Lights, ..... .........................................29 TABLE 2: Solid Waste Service,Centralized Container Comparisons,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,44 FIGURE 13: Solid Waste Collection,Centralized Container Proposal ..... .............................47 FIGURE 14: LINT Parking Control Proposal. . ........................,.......,.,.......,,..,,,....,,,..,.,..,,,,,.,49 FIGURE 15: Traffic Improvement Plan Proposal........................................................................53 TABLE 3: Traffic Reconfigu ration()ptions .............................54 TABLE 4: Zoning and Implementation Actions......................................................................61 i r ' iii I' 1. INTRODUCTION The Review Process Small area planning is a process that provides analysis,recommendations,and implementation guidelines for a specific area of Denton. A small area planning document is produced to address areas in greater detail than the comprehensive plan and to cover existing characteristics, trends, issues,and opportunities for the area. Through a review process with residents,business owners and other stakeholders in a specifo area,a framework of recommendations on future land use, transportation,and public improvements are formulated,This framework will assist decision-makers in making decisions and will guide the case-by-case development of an area. A small area plan may be for a neighborhood,a business district, a corridor,or a new public facility site. Requests for small area plans may come from many sources including City Council,the Planning and Zoning Commission,the Denton Policy Committee(DPC), and citizens. Once a conceptual sm ill area planning document is developed and presented for public comment,it will be forwarded to City Council for review and adoption by resolution. Citizens are involved in the small area planning process!''om the earliest stages. Citizens have the best understanding of the strengths and weaknesses of their neighborhood. The small area planning process provides citizens with an opportunity to present information and facts to the City Council,Planning and Zoning Commissiun,and other appointed boards and commissions. The developmenr of small area plans allows the public an opportunity to become better 0--cated about the planning process. Because small area planning is an interdisciplinary approach to planning, it also relies on the cooperation of all City of Denton departments and other governmental entities. However,the success of any small area plan depends on the involvement of residents,F u,incss owners,landowners and other stakeholders. Rejerfo Figure 1,p.1. Project Coals and Objectives There are a number of goals and objectives for the small area planning process. The goals and objectives relate to the planning process and not the actual plan. They are: Assist residents and businesses in developing priori''es and strategies to stimulate revitalization and reinvestment in the area Involve citizens in a community planning process that fosters active participation and leadership • °resent existing conditions and trends to provide a picture of the planning area • ldentify strengths and concerns of residents, merchants and other stakeholders within the area Enable stakebolders to share ideas and suggestions about their community Promote understanding of the process and enthusiasm for further participation in later stages of 1 problem solving and plan implementation - ' R I i W FIGURE I: FRY STREET SDIAI L AREA PLAN PLANNING PROCESS r''Iy bW SiAI /fit cl[Ian l iardng 1Anom AI' ST l HyRrod Arm f 1 bwAre Vk D W Viilele Cb V4oV�nt >n0rtrtRwffdFcmw UeRygWd Area7o Fry Suet Teen r* rly Sftd Q cmmntymrtc 5 - t}iwstydI�9iToms ChydCblmSt;dT A pt furl Plan l bwDbVkCh Mue 1 AUkg+nut6mFlo Lt+ekpAl9arnOceladlbe Clnnuity Pe%ic4 E%lm Dtidgnai fide s (kyKmi%CamiAw&Chy Qti pmp k&ksc a aura Apoom I l t S i is Relationship To The Comprehensive Plan The Fry Street Small Area Plan is the first in a series of specific community plans to build on the work of the Denton Comprehensive plan,which is currently under review. The comprehensive plan sets a framework for p'aruting and strategy devclopm,:ut for the entire City of Denton. The small area plans supplement the comprehensive plan with more detail necessary to guide everyday community development decisions. How To Use This Document This document is the Fry Street community's image of its future. It was prepared with the involvement and help of the community. Neighborhood residents,business patrons,property owners,visitors and business people shared their evenings and aftemoons to help craft a meaningful document. This plan represents their combined efforts to enhance and preserve the Fry Street area. As a response to issues Identified by the community, this plan represents a determination to pursue goals and visions established by and for the Fry Street study area. The goals lay the foundation for achieving the kind of community this plan envisions. This plan contains 19 goal statements,which deal with solid waste servicLi,transportation,safety, community aesthetics and character,culture and the neighborhood. These goal statements identify what the community wants to achieve. Because goals cannot be achieved without a clearly defined plan of action, this plan also contains recommendations that identify the course oraction necessary to achieve the community's goals. Furthermore, to help ensure accountability for implementation of th, recommendations, an organization or agency has been assigned responsibility and is identified in the implementation section of this document. This document should be used to help guide public and private development and reinvestment decisions made in the City of Denton's Fry Street area over the next several years. These decisions must continue to define,shape and improve the character of the Fry Street area and positively affect its sustainability. This plan includes: • A brief history or the Fry Street area's development • A review of existing conditions in the Fry Street area • Recommendations to facilitate area improvements • An "action plan"identifying specific projects and funding sources for area improvements In order to foster community-wide support and erfective maintenance of the plan and its goals, continued involvement of area stakeholders and Denton citizens is critical. All Denton residents must know that the conccros and issues addressed in this plan are not solely concerns and problems of the Fry Sired area, separable from the rest of Denton. They are everyone's concern.The Fry Street plan is designed to provide realistic and feasible recommendations for the revitalization of the area. However, to be realistic, the plan recognizes the limitatiuns of public Financing resources and the need for new partnerships between public agencies and the community, in which the community takes a greater 1 , responsibility for its revitalization. 3 i w IL AREA BOUNDARIES AND OVERVIEW Location The initial stage of the plan's development involved a survey created by the Small Area Planning staff that asked merchants,residents,property owners and customers to identify the Fry Street study area boundary. The results of th^boun Lary survey indicated that the Fry Street Development Corporation's boundary would be the plan's study area. Stiff agreed that a larger area covering Census Tracts 207 and 210,both block groups 1 and 2 would be designated as the area impacted by the small area plan recommendations. This impact area is also the notification area and includes the Oak/Hickory Histo,4c District and UNT. Refer to Figure 2-4,pgs. 4.6. For purposes of this study,the Fry Street planning area is defined as the area bounded by Welch Street to the east,Oak Street to the north,Ave B to the northwest,Ave A to the southwest and Mutberry Street to the south. The Fry Street planning area is approximately V,mile from downtown Denton, Texas and this area contains approximately 11.42 acres. Geographically,the terrain of the Plan area slopes to the southeast to Garza-Little Elm Reservoir.Refer lo Figure 4,pg. 6. FIGURE 2: FRY STREET STUDY AREA BOUNDARY, CITY CONTEXT f rJ R r t j,' 1Tt i TU iiAtE sruov AnrOk i 4 FIGURfi 3 e F Street Study And Impact Areas f. P �'•'.� atl6p S tf l yR�t. r�,' � tC•a�k a otfo b� E? 13060 Dd�O4u•Oof n n b"Pa a: � aa1'p a�Lb;°tip of°i1m [Q]q�'T� "n R:,• !c.� } oa014dn8° "O o � `�, oIeo O2 I�°' Fps P ief•,y� a 2 7.� L9 07.00. p o ° AUP �jf� ccccYYYY _D d ' db bllt BQ BffU ' aCho Q o6ab son , awQidrsrADo0aud6nL �aou '� """ , ooh o s fl9 oao 60 0 0 1 •M °pg' L wo �'1CD 0110 �4A� DB U OU � 250.002 pecSemS 1 wj r9 41 � b n �� Qe�ue Ct 4 IgliAw° r Pal V °p .. m° ee 1's•"° .++ ' 00 e' fTll�`nLe I � e �• y:e � n i rd L, f �u�.0 g p0 it Qi,�4T 71. 1, 4�yy{ e:�o p e� 4qe G7.; ° tie• x:Y.- 0 tl' rS p e f,ne ffy _ j � �L1 0 'i��r�rq ioL� Wd d'� r.n �9 . P�6 ' r✓°a� m ""' 'cY� ('� gyp . ,k b•^°Ar _ tl Qr'�,°.ai°, $r brit a aI °*'.b '• ��'�' X aR�r AW,o r 4S ! Fry AM i6dy M. ® UW CmW /06 0 t00 �Ot t0° awt M.bACd d#1 Bo'�Id°'Y O �iMaeAnlr M°(91ock arpq S?!�i6ry1 �-�•��--..� A i I c� 1I IL i� ............................... ..... . •..................... .. - 1 OAX r................ 7 ' � u�wlopd --•} t_ _ r-: ' /tY t ltl III t� ........................................................H�,K ....... . ........ ........ 1 rMr HICKd1Y rill.,'. •�•,S , 7.; { 1�1!l..l �11�� �ti Si, 1111 1106 ' Flo 01, �tffl, •� ............... IY.... . W'W W 1r rr re �r rfr-�il xY'W'W'W'W'4n Mt r. Fry Street Stud Area 60 b �, ,�, ,�, Fm " I EngineM &7 n G.I.S.. rA1 30. ION I C I H[story A history of the Fry Street area's development is closrly associated with the early beginnings of the University of North Texas. In 1891,the Texas Normal College,know,.today as 1 he University of North Texas,opened its first building in the Fry Street Area. Hickory Street bound the original campus on the north,Sycamore Street on the south,Avenue B on the west and Avenue A on the east. There were nearly 185 students attending at this time. Residential development in the Fry Street area(mainly Oak and Hickory Streets)is significant to Demon's history and was impacted by the University of North Texas campus. The first major residential area of Denton is believed to have been south of the square. The second,during the 1880s, was east of the square,between the square and the new railr gad. The third,greatly influenced by the presence of the Texas Normal College,occurred between the square and the new campus,down Oak and Hickory Streets and included today's Fry Street area. A few, elaborate houses and chur6es existed in the area, howc%-r by the 1900s and after,the most attractive new residential area,which includ°d the more elaborate houses in Denton,was west of the square and around the Fry Street area. Another influence on the attractive residential development of this area was the Denton Fair Association, which was organized on May 16, 1895. The Fair Association acquired a tract of land for the fair grounds which occupied roughly the area between Welch Street and Avenue A and extended southward from West Hickory Street to Mill Street. There were almost no homes west and south of the fair grounds before 1900. After the Normal College became a state institution there was increased M demand for building lots in the neighborhood o;'the College. The Denton Courtly Fair Association ! abandoned the grounds and the land was sold as residential lots.After that,many new homes were ! built in the neighborhood. By 1909,West Oak and Hickory Streets had become the favorite area for fine palatial homes and soon thereafter had more residences than the older parts of she town. This area of posh homes along Nest Oak and Hickory Streets is referred to as the Oak-Hickory Historic District. While influencing upscale residential development in the area surrou-1ding the college and west of the :.qua e, UNT's presence also brought about irreversible changes to the residential integrity and character of the neighborhoods in the of the Oak-Hickory area. While the exact date is not known,a number of the houses on Oak and Hickory Streets in the Fry Street area Were tom down and a number ofcommercial establishments had began to infiltrate the area between Carroll Boulevard and Welch Street. Changes in UNT's student body enrollment elso affected changes in the residential make-up and character of Oc area. By 1901, the stalcnt body had risen to 781 and by 1923,the school's population had increased to 4,736. As student enrollment continued to rise, the demand for student services also grew. In order to meet this demand, business houses for college trade were established along Avenue A and Hickory Streets in what would later be referred to as the Fry Street Area. This area consisted mostly of commercial development between Oak and Hickory from Welch to Avenue C,and intensive,privately owned,student apartment developments. Today,the Fry Street area is primarily commercial. A Vocriman's Teacher College Store opened along Hickory Street in 1925. This three-story building originally served as a boarding hous, for fem,:le students. Voertman's and the Eagle Drugstore, located near the comer of Avenue A and Hickory were popular student hangouts in the 1940s. Today, 7 a i tt I Voertman's is a well-established commercial t anchor operating in the area as a college ° bookstore. Undeveloped lots were " �•�ti s numerous along Fry Street and were eventually developed into small comer 01,14 "f tE1 a Fp «+r �"-w i �� a'i`d:' a i �'-• � �� t r;:. _ t _ e grocery stores,drug stores and various 'a eating establishments. r . i.'a r.9, •h' e ! .J:'Y wJ:PP.n •.r s ,..•-c,! iru^.d�; °4A By the 1940s,there were a few homes remaining along Avenue A between Hickory and Mulberry Streets. These homes were eventually converted for business purposes. In 1944,]oe'e Cleaners, another long standing business, opened in a 14 x 19 sq. A, space which has since been converted and rebuilt in the location that it is presently in today. Also by the 4 1940s, Hickory Street and Avenue A -uickly became a favorite spot for all y Wool students to socialize. it becameknown as the "Corner'and has since become an institution on the campus. The streets in the area during this time were appropriately called e"Collegetown." r The Fry Street area also played a y significant role in transportaion advances made in the City of Denton, In 1896,a franchise for a street railway was granted by the city. In 1900,an electric streetcar line ran from the railroad depot along East lfckory to the square,then out Oak to Fry Street,where it jogged to y IF kory. The line went out Hickory to Avenue C, south to Eagle,and then to Highland Park, The A con section )f this system with the railroad and an interurban railroad provided an importantlinkage %/'- between Dallas and Denton and it also provided economical and efficient transportation within the City of Denton. 8 t, i The 1950s Ind 1960s proved to be eras of tremendous growth for the Fry Street area. UNT grew to 7,430 students by 1960 aad added nineteen new structures. New storefronts had replaced almost every home in the Fry Street area, and students were offered a large variety of neighborhood services. Much of the legacy of the 1930s and 1960s is reflected in today's Fry Street area. Businesses continue to _ p s s i thrive, ho%Ncver the increasing numbers of sDtdcnls and patrons frequenting the Fry Street area have caused anJ continue to cause problems with traffic and parking. These problems are discussed in more detail in a later section of the plan. The businesses in the Fry Street area have changed ownership and the land use canvas has been redone many times in the past 70 years. The Fry Street area continues to play an important role in the life of UNT college students. UNT's influence remains strong and the students,merchants and residents together have made the Fry Street area a place of significance in Demon. t 9 r i i I i . I I i 111. EXISTING CONDITIONS i IMPACT AREA i Demographics and Socioeconomic Profile With any planning activity, it is necessary to review current conditions in order to determine trends taking place. By doing so,the City can better effectively face future issues and problem areas to be addressed in a small area plan. At the present time,the most complete and reliable source of demographic information is the U.S.Department of Commerce, Bureau of Census Enumeration. The census bureau provides its most comprehensive package of population and demographic information every ten years. Geographical areas known as standard metropolitan statistical areas(SMSA),block numbering areas(BNA),and census tracts group census data. Census tract d da is further aggregated to a block group level. I The Fry Street study area is located west of downtown Denton and is partially located in Census Tract 201, block group 2 and Census Tract 210,block group 1. Since bock group data Is the most aggregated data available from the Bureau of Census Enumeration,a demographic and socioeconomic profile of just the Fry Street study area Is not possible. However,a profile of the impact area is possible. The impact a•ea includes block groups 1 and 2 from both Census Tract 207 and Census Tract 210. Refer to 1°tgure 3,pg. S. The data and geographic areas differ from decennial periods. Therefore,a comparison of 1980 and 1990 block groups is not poesible. Demographic and socio-economic information presented in this plan only includes selected 1990 block group data and as a fool for comparison, 1990 City of Denton census statistics are also provided. Refer to ra61e 1,pg. 11. poptrinrion Population is constantly changing and statistics covering a span of 10 years arc not generally up to date,especially in the latter pact of the decade. However, the impact area has been mostly a college area since the 70's and while students tend to be transitional in this area,it can be reasonably argued that the demographic composition and makeup of the student population remains relatively the same. The composition of the impact area mirrors the City's population make-up. la 1990, the impact area Population totaled 6,201. The majority of the population in the impact area was between the ages of 18-34 (84.5016). Blacks and Hispanics made up only 7.4%and 9.2°%,respectively while Whites accounted for 75°,b of the area's population. The 1990 population for the City of Demon was 66,270. The majoity of the population was between 18-64 and predominantly White(78%). Blacks and Hispanics accounted for 18 %of the population, unusrng r The number of dwellings totaled 1,907 for the impact area. Eighty-nine percent are occupied and the A, remaining 11%are vacant, The impact area contained substantially more renter-occupied housing ! \ units, Approximatcly90%of the occupied units were renter-eecupied. I 10 c� i I TABLE 1; IMPACT AREA DEMOGRAPHICS (BLOCK GROUP PRbF%I.EI CITY OF DENTON, TEXAS CENSUS TRACTIBLOCK GROUP PROFILE $gloried Dote from 1191990 Cur'. Tnrl$1$.6diA 11.1{1 Tncl 3H.001/191)q Charitlerirlics of the Popolellon taD.Dll4Da,!'Y.A,- [aw 1s�.Eatu'Etha3cL): 0.11 Jis Whlit.nolHispolic 1,611 is 31 M11 Hispanic 969 J3-61 139 b6ch.6ol Hlspuic 166 67 and Derr 19 0161r,401 Hispanic 111 Total 6,361 TNd $1180 H sash old Tiesand1t1A71auLlA ram lly l!ottholde 391 Non-Family Households 1,390 Married couples 216 with ehiidtea 61 P.rmes is Oroue QtarlcJY $inlle Parent 37 In Institutions D Femdo 79 Oilier Ofoup Quslicts 3111 with childres )1 THd ),111 Income Characteristics N'o"l: Media& )fayp Penoal is PaverlS-UAYt All Housholdc 111,103 110.6!1 0listen // Families 111,911) si1,133 II-01 Vista 1,770 4 Non-Family :9,611 $0.191 34-61 177 Total I,01 Workforce Characteristics Em)I0)td Pn,eat t as LM QtLly qu Mlles 3,179 M16a11t:0,hofulalonnl 160 rem site 7,36) 711916801,51191 1,339 service M y'nem nl°.ad QsJayp3 )y9. Operalin,Laborers 311 Moles 136 F.mdes a/J Educational A1lsinmenI r.reons Aa.111aadault J."I riJlaalAal 16.11 L.11a [130ndusle of Oro 170 Enrolled in School 1,916 I or mntr Dears 9011,11 121 Not enrolled $ 6' Housing CheratlerbUts NumlaJ.al.HanaiaY L'a1u l.lHl 7)1131.31+asJasa (1n41adisYYasoa'l and*Ivtaleeul !Ingle Family 199 Orcup]yd 11693 1 to 6 soils 133 Oa nor 171 l er tnoti voile 1,112 a.etu I,l l9 Mail,crothet IL _ Y meant 7V1 1.OD7 �, 6alJILiJUr.uva h/adLD: I + fI/r� l� Built berore [039 392 Y11440 Owned Units 361,913 BulLafler 1910 1,13) HouN1)Coll w'mort. $606 camas 94n1 $363 ' Jlumkgldut:lic"U-ill"L ihaal➢ hnLlac-in f,I 11,1LLS Owner Occupied 16 Pants Ostuplod 176 i , r 6 I M Nearly 79%of all dwellings were multi-family residential. By comparison, the number of dwellings for the City of Denton totaled 28,791. Eleven percent of all the dwelling units are vacant. There were slightly more renter-occupied housing units than owner-occupied. Approximately 61%of the occupied units were renter occupied. Both multi-family and single family residential accounted for 46%of all housing units. Socfo-economfe CAaracterlstles The average median family income for the impact area was$23,185. Because of the large UNT student population living throughout the impact area,23%of the area residents lived below poverty level in 1990. The unemployment rate was l8%. The median family income for the City of Denton was$35,444. Approximately 18%of the City's population lived below poverty level. The unemployment rate for the entire City of Denton in 1990 was 6.1%. FRY STREET STUDY AREA f,and Use The pattern of land use in the Fry Street study area is an array that resembles older parts of many cities, It contains both non-residential and residential development that is an eclectic mix of homes, businesses and services. Refer to Figure S,pg. 13. The Fry Street study area's residential population is comprised mostly of tenants and renters,with only one owner-occupied home remaining, The Fry Street area's residential development consists primarily of small-scale apartments, usually 2 to 8-unit buildings. These multi-family units are located on Fry, Hickory and Mulberry streets. There is a large concentration of single-family uses immediately outsida the Fry Street study area in the area identified as the impact area. The majority of the multi-family dwellings in the Fry Street and surrounding areas were originally built as single-family owner- occupied homes. I low ever, many of them are currently leased. The Oak-Hickory historic district is immediately east of the Fry Street study area and the University of North Texas campus is immediately south. Most of the Fry Street area is composed of non-residential,commercial development. Commercial'retail uses in the Fry Street area are directed towards the University market and include uses such as bookstores, restaurantslbars, and general merchandise/service retail (barber shops,dry cleaners, etc.). There is relatively little office development within the Fry Street area. The existing offce uses (First State Bank and The Associates)co-exist with retail and can be considered another form of rctait1commercial use. Institutional uses fall within the study and impact areas and are affiliated with religious organizations and the University of North Texas. There is only one undeveloped lot located within the Fry Street area. This lot fronts Oak and Fry i Streets and is currently owned by the Delta Lodge organization. The previous structure, occupied by t Delta Lodge members,burned several years ago. At the time of this report,there 1 �, are four vacant businesses and one vacant residential dwelling. The vacant buildings are located at 103 Welch, 105 Wtich, 111 Welch and 1109 W. Oak. The vacant residential dwelling is being used as storage for the auto repair station located on the comer of Hickory and Welch. 12 rfGUKf. s JIM, 14 OAK g �ql� td !m I HICKOFaV I— 1 �r I ��' JI + I I+t .I ✓I� �� '�,^l, it1 ;Ir'�� ' �' S� i. I I �. i U' i i' 1 � it �„ it � 1. ! 1 +,i '(,MI I i 4 � �`• I i S�I SF '7 z i _.J ca , III a• ;,'� , :jl , � ,g91{ ;� 'I 1t 1 U I I ! MULBERRY M L9ERR Il I 4 . i W W W — w Y w ••b Yr W W W'W eYY V'w �• 1n • Fry 5t eat S:udy Area Existing Lard Usrl MFp legend •b.�>e� Gt) r.....�r...r C0 .v.e �! .a...w ;mil w C7 r��w Cu r ^+IOnnaa 5 i�4lJU�slbn 61 S r. ?,D r.nn• u.,~ •.r.+ '++.�' 1 � I;ti 77.'959 5� 0 SO fpg 150 peel �,� re... '� ? !R N The critical land use challenge in the Fry Street area is not to accommodate major new development, but rather to take the necessary smaller steps to revitalize the existing community. Protection of this mature urban place is crucial to the stakeholders. Zoning The Fry Street study area's pattern of land use development is not necessarily representative of its zoning pattern. There are four zoning districts in the Fry Street area that cover both residential and non-residential development, Refer to Figure 6,pg. 15. MF-2lhiulti-Family Residential- The MF-1 district is located in the southeastern corner of the Fry Street area at Mulberry and Welch Streets, This district contains three lots,which includes one multi- unit residential dwelling and the Church of.lesus Christ of Latter Day Saints. The University of North Texas campus, which falls in the impact area,also falls in the MF-2 District, The MF-2 District also allows certain educational, institutional and special uses. NSlNeigbborhood Service - The NS district is immediately north of the MF-2 district at the southwest comer of Hickory and Welch Streets, This district includes the only single-family detached owner. occupied dwelling,a single-family detached renter-occupied dwelling,a two-unit multi-family dwelling and a four unit multi-family dwelling. The NS zoning on these properties was meant to provide an adequate transition between the existing retail uses on Hickory and the properties to the south and cast. Originally,the request to change the zoning to NS was to accommodate an antique shop in the single-family dwelling. The antique shop was never located in the NS district. PlParking-The P district is located in the southern block of the Fry Street area and is directly adjacent to the AIF-2 district. The lot was originally zoned MF-1,but in 1969 the property was rezoned to P. Research of the zoning case has not produced sufficient information explaining why the property waa , rezoned to P, At present,there is a multi-unit residential dwelling occupying the properly. GR/Gencral Retail - The bulk of the Fry Street area is zoned GR and allows for a variety of educational, commercial, retail,recreational, entertainment and limited residential uses, A majority of the area is develop d with business uses. Building end Development Activity The normal process of continuous investment,to maintain the strength of the area's neighborhood,,has been constrained and limited In much of this area for a number of years. Th:-re appears to be a backlog of deferred maintenance,both private and public. Restored investment is needed, Since the area is essentially land locked,vacant buildings and undeveloped land are few and parking Is very limited, growth and expansion are contained, There are no large tracts of land to be developed,urban services already exist. Investment opportunity in this area is mostly for reuse of land or buildings and in a few A cases for redevelopment. The recent repaving of one of the two public of-street parking lots in the area 14 A y� t LLL �5T 4y1 SF-7 _ it 1y�,�f lr ! " .wwYr ^ ri�f.Nx'tl.ity9.�ft t M 1 � ; �e " �e 8 "' +�f d#ti .r M �A+h N♦l TI, Y ., il.N ', Vli r. �AL f Y'!..f ✓ �ry � I�t�rh �i'� Y a�'��) 1J�.'A'��� ' r "��;h tiC^1'�Q ' r i .,fir + �, yyrl Apr}i J 13 • ■Y 16, rlrr' nla� j1 .lira �Si:•)xivM✓,��t��fii'iTr �"..•I�i..�r) �rfilt! ''r4 -34 v :v. H. f, i{ir4ti 111 tiSr °!r 3rtl n a r} j iF'.i ll+f PJC inpe I }�r,�M � j� •�.�(I�ri Fry Street Study Area Zoning Map A ww�e..r,`�^' �p o.." � arat>ww g ur.Fifth owry ErpnsaArg6TrN Ibna.l.8. 60 0 60 100 1S0 FN! r e .rrnowa G'i rwr.r.rrfl+*v *o+�° "'w""0e1"" " g ronf094 e��� c i I I� and the reuse of a previously existing night club into a unique coffee shop do give notice of renewed commitment and interest in the Fry Street area. Street and utility work and other capital infrastructure investment,public/private redevelopment ventures,renewed UNT interest in its community setting, and community rehabilitation initiatives will also serve as an indicator of renewed commitment to the Fry Street area. Ways to use the area's attributes and existing resources can preserve and protect efforts already made, stimulate site and building cleanup and prompt restoration work for existing uses. Parking The pattern of tar 1 development found in the Fry Street area is more typical of downtown Denton than other general retail districts in the city. Like downtown,it predates current zoning regulations too, This pattern ofdevelopment emphasizes building area and limited parking space. It was common that a structure would occupy the entire lot and that parking would be located along the street. As such, businesses in this neighborhood have had a difficult time satisfying parking regulations. In fact,most of the businesses in this area provided off-slrcet parking by leasing parking spaces on adjacent properties. A review of previous requests by business and property owners in this area for variances from parking regulations reveals the site-specific parking problems that have arisen because the Fry Street area has developed as a business/customer retail area adjacent to the University of North Texas. Dating back to the early 1970s,there are thirteen(13)variance requests within the Fry Street area in the Zoning Board of Adjustments(ZBA) riles. Eight(8)of the requests were approved,one was temporary in length;three(3)were denied; one was tabled and no record exists of it being reconsidered and one contains no record of a decision, The cumulative effect orthese variances and the increasing dependence on the automobile by area residents and students has had a detrimental effect on parking and transportation in the Fry Street area. The Fry Street area, because of its proximity to UNT, is an extremely congested area. Furthermore, most of the establishments in this area are not in compliance with the City's parking regulations because they arc legally nonconforming uses, Off-street parking opportunities for existing or new businesses do not exit in the Fry Street area and on-street parking is limited during peak times. During the morning and noon hours, UNT students take much of the metered parking spaces in order to attend classes. Their actions usually serve to displace customers of the area businesses and other , students to park into the residential areas adjacent to the Fry Street area. On-strect parking consists primarily of perpendicular and angled head-in metered spaces. There are approximately 06 metered on-street parking spaces. The rretered on-strect parking is regulated for I- hour limits. There are additional parking spaces without meters located on the south side of Oak Street and the north side of Hickory Street, The parking spaces �of metered do not have lime limits. Some however do have"No Parking"restcctions. Throughout the Fry Street area,there arc over 400 parking spaces. Generally,off-street parking is dedicated and signed for; ivate commcrciat'retail or residential A development, Off-street parking in areas other than commercial development is contained in small lots or head-in parking spaces located adjacent to roadways. Within Fry Street, only two privately owned off-street parking lots are available for Public use at n y,,."ium,offering a total of 224 off-street spaccs. At present,the 114-space lot lasted behind the shops on the east side of Fry Street charges for 16 t parking.The l 10-s,•uce Park N' Go lot located behind the buildings on the east side of Ave A is the other public off-street lot which has also bear leased to shop owners for customer use. There is a charge per day depending on the time of day. Contract parking is also offered.There is a 22-space lot for Teacher's World employees and residents of the multi-family dwelling on Hickory Street. Other parking lots include two 10-space lots in the front and back of Joe's Copies, a 45-space lot behind Vocrtman's Bookstore and a 126-space lot around the Associates. Free parking is available for customers only in these Sots. Other smaller ots exist but are for the private use of commercial customers or Members of area churches. Towing is strictly enforce; in these areas.Refer to Figures 7A 8,pgs. 18 d; 19. 4M i , 114-Space Parking Lot t 1. ;R J V Spacc Park N'Go Parking Lot s Traffic Circulation Extemal circulation to the area is achieved from the cast and west directions by way of two primary roadways, Oak and hickory and a third,Mulberry Street. Oak is a one-way street heading west and Hickory is a one-way street heading east. Mulberry permits both east and west travel. North/South travel to and from the study area is mainly from Fry/Ave. A via Mulberry Street, Ave. B and Welch Streets. Access to and from the south is limited because of the University campus. Access to and from the Fry Street area involves through- raffle In the u.;rounding residential areas. To further enhance traffic circulation, reduce accidents and inererse crossing movements in the Fry Street area, the City should review the Oak/Hickory couplet circulak*.^:n f*mi; the intersection oflagoelAve. C to the intersection of Ave, E. i 1�1 17 w i I M I I J ; ! MF.1 i �...... Kr.wn.+,va, OAK ar..�.�V" I . ... it HICKORY �rawnrnw�r� wrwMwW � .. ! ' � '' Ellllpl� � El C] ' jo D � 1 C .........•...lY. r wwi � ` r.muUmm I .. Fry Street Study Area On-Street Parking N Enoww pa Tf DOr�tlo�►0.1.8. :a , 80 w A ao. 11 G0i t �' 11 I ( f i MF-1 r r �.�•� �.� r r .-.l,r,r,'r,r•r r .. �r r �. /�;r r �.�.7.. ... .r . .. . ,.. ... . ... ... ... ... . . I , '.i. ,I ... l.Y IN f,F r.f i a� Y� ♦ ! y ref` Cl .1 CLJ ggr .,. HICKORYy ......................................................... �,..... 17 LLL Y.,i; 16i i .h. ; l�h 1 ftw N... .-L. «dS � � ...1 L �i'W'W'W'W'�rrwhr�r��•r�I'W•W'WW'W'1� r�R""" Fry Street Stud r Area Present Parldn� Oppo0unlles /"� E l,..Ar�i r o, fm tlon o,�, " '� a N f! I Internal north/south movement is facilitated «:+ •.a; � v+1 as w.tai Ry rtuyta&71ltv.w.� i'�`q through Fry/Ave,A, Ave.B and Welch Streets. East/West movement within the study area is circuitous due to the one-way direction of Hickory and Oak Streets. Traffic flow in all directions is somewhat inhibited because of narrow circulation e4 aisles, lane blockage due to large delivery t trucks,on-street parking, pedestrian activity and high student concentrations in the rrea. There are peak congestion periods, r particularly in the mornings and afternoons. Refer to Figure 9,pg. 11. I • I d �,�,:UIC�TR fir.)`15:.-!,It"'t♦'"1 Y1�®4ti .420,'aLU!1-ZT..M'iZ1!'"i��YX�M .. I ' The traffic capacity of the residential streets in the study area is interesting to note. Average Daily Traffic(ADT) volume provides through trip information on a typical or average weekday. The most recent ADT volume + information in the Fry Street study area Is 1997 and is only available for Fry and W. Hickory. The 1997 ADT volume a was 3,309 vehicles per day on Fry Street and 9,835 0 vehicles per day on W. Hickory Street. Hickory and Oak t Sreets are classified as primary arterial streets and are i J designated to carry 20,000 vehicles per day or more. However,an acceptable traffic volume for a two-lane residential collector street is about 5,000 vehicles per day. The level of risk that a pedestrian is subjected to when crossing W.Hickory Street is extremely high. i Public rAnsit service Is available in the area. The "Green" fixed route stops on Welch Street at Muiber,, Street. Travel to other areas in the City via the trolley is circuitous and involves multiple transfers. Service is limited to daytime hours until 7:00 p.m.The fixed route service does not run on Sundays or on holidays. UNT's campus shuttle also serves the area. ' I // A ` �. 0 �r V ! t J ' c I x � MF•4 •�r._.r.r _ rZi•r r r .................................r r � r.. .. i . } ' • E , • ❑ � 1 it i /• ' I ' E Fry Street Study Area circulation Patternsi�,oMouraon H I Engh"dg�TMrttlo 14.l,S. 0� FOM 30,r A !1 1 �I IV. AREA ISSUES AND FINDINGS IDENTIFIED Citizen Participation Review In the winter and spring or 1998, six Fry Street area plan meetings were held at Grace Temple Baptist Church, which is located in the impacUnotirication area, The community stakeholders worked with the Fry Street area team to identify,discuss,refine and resolve community issues, The initial community meetin g set the tone on how the issues would be established and the necessary City resources available, As mentioned earlier in this report, part of the planning process involved a survey that asked merchants, residents,property owners and customers to identify the strengths and concerns of the Fry Street Area and to idcntiry the Fry Street study area boundary. The Fry Street Development Corporation's (FSDC)boundary,a non-profs merchant's association in the Fry Street area,is the plan's study area. i Two separate surveys were designed,one for area residents,merchants and property owners and another for area customers. There were a total o1900 Sar eys mailed and/or hand delivered. 0111i, total,800 were residcnu'mcrehant surveys and 100 were customer surveys. A total or 55 surveys(6.11%)were returned. Of the 800 resident/merchant/property owner surveys sent out,45 (5,6%)were returned. Of the 100 customer staveys sent out 0 (10%)were returned. A break down of the total number of responses received is as rollows: 45 Rf:SIDEN'I7UERCIIANT/PROPE11TY ON\ER SURVEYS (45 22 RESIDENTS(22 of 45=49%) 31ff1!t i1�1 \� I!`. 8 MERCIIANTS(8ot45=18%) 8 PROPERTY OWNERS(Bof45.18%) 7 DELTA LODGE MEMBERS l0 CUS'COM ER SURVEY'S (loot 100•l0%)(toof45-18.2%) From the suney,the top six concerns and strengths were identified. The top concerns,three tied for rounh place, are sanitation,parking,social offenses and safety, alcohol and drugs,property maintenance and trarfia The top strengths are safety,diversity, amenities,proximity,rclail/service and cultural identity. Round table discussions with area stakeholders were held to discuss the concern and strengths.T he community mecl)^.as served to gather information about the"health status"of the community. Residents and business people discussed facts and perceptions of community conditions. These insights proved vital in developing strategies to revitalize the Fry Street area. i During the discussions,common themes became apparent, Three major topic areas surfaced: physical conditions,social conditions and communication. 22 f ;W-DVsbD4 hap. to I k v 1-1411m)ITrtgrcri% t rvrnt I nu, n Olt sialf imi 1 r]III %),III n•t i Fw i t 4 A� 4 C, u Stakeholder Identified Area Issues and Concerns The condition of the Fry Street Area is of ongoing interest to s*ea stakeholders,which include The University of North Texas,the Fry Street Development Corporation, merchants,business and property owners and the City of Denton. Among the most frequent items noted by residents are physical appearance and condition of facilities and streets in the area. Profound blight is absent from the Fry Street area. This is not an area of desperate deterioration,but one of stubborn and persistent pride. There are, however,many etamplee of unappealing physical conditions in the Fry Street and surro+siding vicinity, including boarded up structures,graffiti, litter, furniture In yards and poor dumpster maintenance, Many of the meeting participants believe that neighborhood cleanup,stronger code enforcement and better 1c tant screening are actions needed for positive charge in the area. Other issues include traffic hazards, street lights for security in addition to traffic m,)vement,sidewalk repairs and protection of natural and cultural resources.Refer to Figure 10,pg.75. Social conditions include coxerns of crime, delivery of social services and commitment ofcommunity resources. Better control of vandalism,public intoxication and drug crimes were high on the list of public concerns,with the paliclpants assigning a high priority to crime contiol. Messy area residents are sensitive about widespratd perceptions of the community as one of crime,transience and disinvestment, There is widespread belief that future investments will be suppressed by such stigmas. Suggestions include Increased police presence and greater sensitivity In police-community relations. A few area stakeholders called also for a need for neighborhood-orlented private investment and for development of the vacant lot at Fry and Oak Streets. A significant finding during the entire small area planning process was the lack of communication among individuals,groups and agencies. Stakeholders revealed a strong desire to improve information now, Better communication is needed between City of Denton and Fry Street residents,government, businesses and Institutions,and between landlords and tenants In the Fry Street area. Hope for Improved media images of the Fry Street area for coverage of positive news was expressed repeatedly, 1 M jr 24 mend I I, I • I I II III I FIGURE 10 I C7 ';, � _ � III ,�� .., t �• I�:, P Cone Ift 1'Cii� •Maroharda unable -No Oppo exprld i fRa f� i� 1 ty , ter'u Runh N1 fof naw meroAlnb �.0"hour*"W .........r r nl �. r w r.......... .•�!r r.! r•r.�.�.!!' ..!!r.!!T B,udanb paAdnq h apaaa ..... oui ..... ........ Trwo ett� f �' + Jj'In • Canpattlon Has* i L',I Lvw mrrowfofd#W&W, 7 �� i i-•, _. ya4, •Ta lance bk okad < tL •No'Mavy padaablon IraMb' f n. � , , r markon 1 p r its I ; '' . DDuump2 &TraaIN Cana Nalmev ; r ►� ... •.•r 1 •Appoarana , � •Loaotlon on abeab,aldawaMa,and i ,, hard to raech arau I •Not aN morohan0a uak+q aumoea► 6f ockovom for aolw wale wchvr...Y.``--.�a. on ff El Tras hAocumMon !'II r. f 1 • fl Ana of 01*L'Me y Rantal Propety n, Poor geMal MalManenea J .DlWd" aftch" 'l=� Nascent E + t7 Undavalopad Isnd PoIMO of odNod" u UndweloW ,,np ©� •Pk%01nl a aulanobllae Analysis of Physical Concerns Aooumulalbnot�aM ;��" .dp°'a,sw.fa „ o �,,, , Poo In the Pry Street Stud Area Snacoaaaibla aldowA for � LeA&&&+,a l ranaport"O.I's.- . 90,1940 l; � I Santfarlon/Solld Waste Services lssues: I Litter Lack of City assistance Inadequate dumpster service and perception of poor maintenance, appearance and location. Stakeholder Sentiments: Saniti tion is the top concern of Fry Street area stakeholders. Of particular concern is litter,over filled garbage containers and the perceived lack of City maintenance of area dumpsters,trashcans and street mair'.enance. Litteroften _- acturtulates in parking lots; on g t Ar%xts, sidewalks and utility poles when dumpsters are above capacity;and around dumpsters and merchant's t shops. The Pry Street Fair is identified as a major contributor to the area's litter and sanitation problems. t s Clean-up followit,g!be fair is oRcn days to a week la er. Private property is often soiled x and dcse.�cratcd during the ` weekend of the fair. Although new trashcans were placed throughout the area in August 1997, they are cited as j unsightly and in need of 8 Y replacing. Many trashcans are melted and contain holes, Trashcanshave been observed { to be above capacity by 5:00 p.m. on weekdays and Saturdays. The fact that the City provides solid waste services for the trashcans on the Square, but not in the Fry Street area also concerns stakeholders. The appearance of the area dumpsters is also unsightly and in need of replacing. Stakeholders complain that a couple of the dumpsters In the area block sidewalks and parts of some streets. The solid waste containers are not shielded from street view which is not only a health issue when they are over filled, but can cause traffic problems by decreasing visibility. Pedestrians often have to go around dumpsters on the sidewalks. A / PIN Although solid waste users determine the collection schedule,the infrequency of the dumpster collection concerns area stakeholders. The majority of the collection concerns are associated with the dumpsters lorated on Fry Street and the dumpsters located behind the shops on fry Street. A number 26 r u 4,: of the merchants using the d-impsters and causing them to overflow are currently not paying for services. Stakeholders want to seethe City take a stronger position by requiring additional dumpater collection. Refer to Figure 11,pg. 28, The streets in the area are often dirty s, and filled with trash and debris. � ,�A' q 9��� ,1y1 Because only one street sweeper exists for the entire City of Denton, the frequency of street sweeping In the Pry Street area is observed once a 1. t month, t+ Them an a number of utility and t light poles located in the Fry Street area. The proliferation of handbills F + attached to the poles contributes to the littered appearance of the area. Several stakeholders desire to see the complete elimination of utility poles In the area to prevent handbill posting, Refer to Figure 11,pg. 29. According to stakeholders,centrally located compactors are immediate - = •r,+ = ,a,a r ..�i.w.. w,a:x;a.;sv, ,p'at;.rx7ar4.'�',v ray Ada+, *.:. solutions to dumpater concema, Security and lack of space for compactors are identifiable obstacles. Another approach to address the trashcans is strategically placing sidewalk containers,similar to those located on the square,in the area, , It Is recognized that City officials and area merchants will neat to agree on who will service the containers and the frequency of collection. 27 t• I` h i I I c-j u .�w.rrr'r. rug ��. rrrrrrrr rr �rr� ...... .. rurrr � r � rj..'r r.�.�.°...�.'...�...... kf .,�' ' rsw►ss� ffEwarar;•w.w.w� r•rasarrar40,IWO 0 a a Ip 10 'I a I; , .I I; O , I ;I _7j'II wl 1 ...........� r� 'I ... w.�.r�w.r+ry.ar M.w. .w.w.�w 1w-�r.w.w•w•w•w �y,��� HICKORY w•w•w•w w wsr�rrr�y.y ........................ ' ti•_ r•rr�_ r'r r'r'r r.. + �, ♦j � I eel n Min. a . ' J c Ell I r....u....u�uJ.�u�.�.p..puy.......uuw u...ur •..w {y... ! � L J'W'W'W'Wr�r'�rr tirerr vr'niir'�LT°aF�ry'W'W'W'W'rr � 1 0 ! Fry Street Study Area Solid Waste Collection °,�,°i�„ �"°'"'"MQo''�°"D"'"'� 80 60 100 160 hd .� .ON. ,r r 0 W - m �' ;i.. .... . + ....... ... ... ........... ..... .0. .... . ..�. m` ��• c • [mot E ' [-� �; •�....... .. # ........... .......... .. !y/ r NO r r r r r r r r'r r r'r ^ , ' f li 1 Cl { ! .....................A......�.....�.�..E.A..p..�•/ ..........•..y.• •... 9Y.... 4.4 rrT'�W•W'W W TT T ..� Fry Street Study yArea Utilities x su..+ Lvft E"a" "71p i 9004 0.x.9. • U llky Pdb 60 0 60 100 IGO Fool f i Parking and TraffJe Issues: More public parking needed Meters inadequate Assigned or reserved parking Poor traffic control Proliferation of delivery trucks blocking lanes Automobile accidents Left tuna signal lights needed Stakeholder Sentiments: Stakeholders believe that the available parking resources do not effectively serve the needs of the area. The problem orstudenis parking In merchant-customer spaces during the day, the lack of handicap parking,and metered parking all top the list of parking concerns. Parking in the area is further aggravated by the 1-hour meler limits. The I-hour meters appeal to many LINT students who would rather hark closer to classrooms than in designawd UNT parking facilities, Often, UNT facilities are more expensive and are more removed from classes and the campus than the metered and non- mclered spaces. City enforcement of the meters is limited and students are very much aware or 4 F" this, In many cases,students have been observed parking in metered spaces well in excess of the I• ' hour limit without being fined, Handicap parking is limited in the area. There are a total of two handicap-parking spaces. Both of these spaces are located in front of the businesses on Ave, A, The spaces, while identified as handicap, are not very maneuverable and movement in and out of these spaces is difficult and restrictive. In addition to parking problems associated with LINT students, according to some merchants,the City's present parking requirements prevent the expansion of existing businesses. Parking requirements also inhibit many opportunities for new and different kinds of businesses to locate in the area. The City requires a specified number of off-street parking spaces for certain commercially toned properties. Ira proposed new use is more intensive than the existing legally non-conforming use, additional parking is required. Ilowever,as mentioned earlier, orf-street parking opportunities simply do nol exist in the fry Strcct area, Refer to figures 7A 8,pgs, 13 A 19. In addition, stakeholders indicated that the need for designated traffic areas, including bicycle corridors, and the proliferation ofdelivery trucks blocking streets in the area are key traffic concerns. r ' A The narrow traffic lanes on Pry St/Ave. A are the most visible concerns regarding traffic. Traffic %�, congestion in this area includes large alcohol delivery trucks blocking traffic lanes at peak circulation periods, automobiles entering and exiting the angled metered parking spaces(this park'ng strip Is best 30 o v suir ad to serve traffic!lowing no,:hbound), and jaywalking toand from the UNT campus, The ; distinction between pedestrian and automobile zones is less apparent in this area and makes for a dangerous environment. Increased speeding along Hickory, Ave, A and Fry Streets also contributes to traffic congestion in the area. The lack of warnings or t 4 other visual Indicators to alert motorists that the area is highly pedcstrianodented Is also a <�M.�; :r,•.w,urNr.,.rr.M.s� �rixrnaw.s �rra perceived traffic concern, Sidewalks in the area are not user-friendly. t Many of the sidewalks are cracking and are a � uneva,, Handicap accessibility is inadequate and is further impeded by the poorly maintained sidewalks.People are also - g spending more time on the sidewalks fratemlzing,relaxing,entertaining and lingering aimlessly than is considered z>� desirable. , t, € Parking end traffic strategies include one-way designation of some key two-way streets,the rreation of loading zones, limiting parking, requiring parking permits for all UNT students, parking variances and limited parking inside the Fry Street area. Increased communication and interaction with UNT is crucial, Afe, f' t f Social OffensevSafery Issues: Loitc ri ngNagrancy/Panhand I i ng Vandalism Juvenile delinquency Attraction of"bad crowd"element Increased ptotection against crime Stakeholder Sentiments: As observations of the area indicate, the Fry Street area is not only a"hangout" for college students, but high school and middle school students, transients, runaways also. Fringe groups frequent the area as well, Loitering,panhandling,vandalism and juvenile delinquency are key concems. There aren't any laws that spxifually address loitering and panhandling and this makes it difficult for police to monitor and enforce these offenses. Vandalism is being addressed and minimized to a greater degree with the presence of the Fry Street community center. According to Denton police,juvenile delinquency has seen a marked decline since the community office was kkated on Fry Street. However, there are still concerns regarding the absence of a teenage curfew. Teenagers have been observed to regularly hangout in the area well after midnight. Stakeholders indicate that 24•hour staffing of the poF- tub-station might reduce or completely eliminate illegal activities by teenagers and others it_ area. Another safety issue is lighting in the area. While lighting has increased over the years,there are a number of dark corridors, The Park N'Go lot,the area near the Zebra House and the area between Jack in the Box and Saris Restaurant are Identified as darkly lit and potentially unsafe areas. Additional safety strategy recommendations include UNT police assistance with patrolling the area and , a commitment by the City to provide additional Iighting In dark corridors. Alcohol an f Drugs Issues: 1 Public drinking/intoxication Underage drinking Illicit drug use and distribution Stakeholder Sentiments; Public drinking and intoxication, underage drinking, and Driving Under the Influence (DUI's)are area concerns. While it is legal to drink in public, according to police,the presence of lull-time officers and new laws dealing with drug and alcohol enforcement have greatly reduced the incidence of public intoxication and underage drinking, As in most other cities,drug use and distribution are more di Mcult to control because there is such a hip} demand for drugs, One of the objectives of the two 1 \ full-time officers that work the Fry Street area is to maintain continued pressure on the supply mud. %!r C There have been occasional "stings"and drug busts. According to area Stakeholders,those activities must continue and must be Increased. 32 Cr U Other opportunities Involve creating aworking relationship with local and college newspapers to write articles on drug tragedies and positive drug prevention activities,establishing a memorial in the Fry Street area of victims who have succumb to the detrimental effects of drug use and distribution and expanding the"taxi service"concept offered by the owners of Cool Beans and Lucky Lou's. Properq,lNafnrrnonce Issues: Poor property maintenance Dilapidated buildings Stakeholder Sentiments: Graffiti and dilapidated structures are the main issues related to property maintenance concerns. Upkeep by property owners and renters and communication between neighbors, tenants, merchants, dc. is severely lacking. Some renter-occupied �',ry,l i s A J F.''t- .. ♦1T✓':r: a �n':f!irevynJ. propert!"in the area are Identified as not being particularly well maintained. Trash and debris removal,palnting and some structural repairs ' are needed to improve these properties. Poor property malntenance lessens the appeal of the Fry Street area and it also serves to reinforce the negative images and perceptions held by the ., general populace, In addition to residential dwellings, , there are also a number of shops in the area that are in need of cleaning and painting. The undeveloped property owned by Delta Lodge on the comer of Fry and Oak Streets also may be problematic, In the tong-term absence of development,the lot is a potential meeting place for loitering, trash accumulation and vagrancy. Stakeholde,s suggest the adoption of an"Ugly Spot Of The Month"and a"Most Beautiful Spot Of The Month"within the Fry Street study area to encourage better property maintenance and upkeep, 33 c 0 Stakeholder Identified Area Strengths Not all of the meeting discussions focused on problems to be solved. Part of tha process Invited residents to describe images of achieved neighborhood changes and strengths. These Images contained both social and physical elements. They included short and long term gain and they assumed private and public actions. Safety Strengths: Police presence Stakeholder Sentiments: Safcty is both a strength and a concern for Fry Street area stakeholders. Area stakeholders feel _ safer now than in years past. The community office presence Is credited for the improvements In safety over the past two years. During the school semesters,the hours are set based on student volunteers.The students staff the office for 2 -4 hours one day a week, a e Police enforcement of speeding In the area has E also improved, The Police department is a r E currently participating in the metropiex-wide :- r "Red Light Program", which increases the ; r presence of traffic cops and the use of radar ' e ` along dtickory and Welch Streets. , Increased lighting in areas has also helped to increase safety. Over thirty lights have been added over the past four years, and the community policemen in the area work with the City's utility department to repair others. Increasing the hours of the community center,establishing a community liaison to staff the center with police officers, expanding the services of the community center, similar to City Hall In the mall,and promoting public/private commitment will further enhance the sense of safety in the area. btverrlry Strengths; Cullural/Social People/Businesses Stakeholder Sentiments: rr' According to ar-a stakeholders,diversity is what makes Fry Strect what it is. The Fry Strect area t historically has drawn people from all over the country. In the Fry Street area,cultural and social differences do not alienate or keep people apart. Instead,differences are what bring people In the area ' together, The Fry Street area strvcs as a fertile mecting gruund for everyone, from the fringes of L society, to the eclectic, the student,the professional and even the elite. The people who frequent and work In the area are typically laid back and often feel free to express their individuality. Differences are celebrated and encouraged, The Fry Street area is also unique because it caters to a multitude of interests. Visitors of the area will find that while Fry Street nurtures social diversity,music and art also play important roles in the area's identity. Fry Street is considered an arls/business district with a liberal attitude and is definitely one of the main hubs of Denton lira Another esteemed quality is the different face and character of the Fry Street area during the day and the night, During the day,the area is a meeting place for students to gather and philosophize on the intellectual dilemma of the day, it is a stage for artists to showcase their works and their talents and it is a center for shopping and spectator activities. At night, the Fry Street area transforms and becomes a large arena for partying and celebrating. It is a place for those of legal age to drink socially,openly and spiritedly...a place of unabashed indulgence. For this kind of diversity to continue to thrive in the Fry Street area, safety is needed. The Fry Street area must maintain its sense and perception of safety in order to draw diverse groups and to prevent future problems, According to stakeholders,ways to address and improve on Citywide perceptions and reservations about the Fry Street image include keeping the community center open to serve as an information center for visitors, fostering cultural diversity with additional music venues and artistic impressions and reinforcing that the Fry Street area is not just a night-time area. A nrerr btes/PrOxlml ry Strengths: Walkublc Convenience of food, fun and relaxation Variety of shops, services and activities Short distance to UNT Campus 1 ShopvStores for basic essentials within a few yards of cash other Stakeholder Sentiments: Food, fun and entertainment are ail located within close proximity in the Fry Street area. The closeness and convenience of UNT, the various restaurants, clubs and shops in the area are also attractive features of the Fry Street area according to area stakeholders. The Fry Street area is approximately 189 acres which is relatively small and contained. At a normal pace,it takes less than 26 minutes to walk the entire perimeter of the Fry Street area boundary. Refer'e Figure 9,pg. 21. r The Fry Street area basically serves as a downtown area for UNT. Every Imaginable amenity and a convenience in the Fry Street area is within walking distance, Fry Street denizens, college students and f t - visitors are not forced to travel to outside of the area to shop,drink,and eat or for entertainment. Because !here is a diverse mix of uses(businesses,housing and a state Institution)in the Fry Street area;there is little need to rely so heavily on automobiles for daily needs. 35 t The streets in the Fry Street area bustle with pedestrians;students,residents and shoppers in automobiles; delivery trucks and other transit modes. On the whole, automobiles and pedestrians interact with mild discomfort. While jaywalking is the norm rather than the exception in the Fry Street area, there does at least seem to be mutual respect between motorists and pedestrians in clearly defined pedestrian zones. Recommended enhancements to the Fry Street area include passing a handbill ordinance to address the posting of signs on telephone poles, more handicap accessibility along sidewalks, underground utilities, and landscaping along Ave, A. The idea of Avenue A and Fry Street as one-way streets appeals to many of the stakeholders, This will allow loading areas on one side of the street and thereby decrease the potential for accidents. improving sidewalk conditions,making pedestrian crossings more visible by repainting or installing flashing lights along Hickory and Oak Streets, and the creation of an ordinance that prohibits silting, laying, or reclining on sidewalks dw9ng sp.xific hours are all actions that will insure a safe,walkable community according to area stakeholders. Building and maintaining a relationship with LINT to develop a bicycle pathway around the University will also serve to strengthen the appeal of thr area to transm:users. Retail 5errlce Strengths: Unique Local Stakeholder Sentiments: The Fry Street area is an arts/business district,which contains a cluster of unique and local shops.The area contains a menagerie of popular dance clubs, live must%%t mues, bookstores,cart/restaurants,hair salons,pool halls, tattoo shops,dry cleaners,,a local convenience bore, etc. Businesses that arc unlike olhct businesses and that are not found elsewhere in the City can be found in the Fry Street area. Businesses that offer a variety of eclectic gift items,water pipes, and full service body piercing and tattoo$just to name a few, According to the merchants in the area, the businesses in the Fry Street area have survived over the years due to the unique items sold,the locality and because the businesses provide consistent and affordable prices. Fry Street area clubs, bars and stores are also on equal footing with entertainment establishments In surrounding cities. The shops and clubs in the Fry Street area cater mostly to a college clientele,but to various other patrons as well. Patronage of the Fry Street nightclub life is further aided by extended alcohol sales hours. Entertainment seekers are not forced to choose Dallas,Fort Worth and other 1 , surrounding areas over Denton. Many of the college stakeholders Indicate that the entertainment J ,r atmosphere provided by the Fry Street area promotes safely and responsibility because people stay in Denton rather than traveli!�t,the dangerous interstates after a few drinks late at night. Popular musicnl acts perform in the Fry Street area and are more than likely attracted to the area because the 36 r' c: I I I i r entertainment does not end too early. Cultural ldenfity Strengths: Sub-Culture Originality Freedom of Expression Eclectic Atmosphere/Environment i I Stakeholder Sentiments: A sub-culture exists In the Fry Street area. While City-wide appreciation,understanding and support of this sub-culture appears lacking,there is a strong need and desire by the Fry Street stakeholders to maintain the eclectic feel and originality of the area. It is believed that the social tolerance of those who frequent the Fry Street area is higher than in other areas of Denton. The stakeholders agree that this tolerance must be nurtured and maintained. People from all walks of life are embraced and feel welcomed, The Fry Street area, for the most part,is a non-judgmental area where everyone is free to be himself or herself. I With university ties, fringe appeal, after-work and after-school attraction for students,professors and young professionals,the ambience and clientele changes constantly. Clubs, earthy businesses and colorful regulars dot the Fry Street area canvass. it is the one area of town where a college party place with fraternity hangouts Is successfully intertwined with tattooed,tie-dyed,new age and hippled sub- culture hangouts. i I e 37 J\■ i J � .. .... 1. r I A. V. COMMUNITY REVITALIZATION AND RESTORATION Revitalization Goals The revitalization of the area will depend on people working together. The neighborhood meetings end subsequent discussions generated many suggested goals and actions to deal with the issues raised. The goals fell under the same categories identified in the issues section, LITTER, BEAUTIFICATION AND SOLID WASTE COLLECTION Keep the Fry Street area free of trash,litter and debris at all times. Foster cooperation among area merchants to maintain a litter and trash free environment. PARKING/TRAFFIC Improve and increase parking resources to adequately serve the present and future needs while preserving the area's integrity, Balance the need for efficient traffic flow with pedestrian safety. Create pedestrian-friendly streets. SOCIAL CONCERNS AND SAFETY Increase the sense, feeling and perception of safety so that people will continue to frequent the Fry Street area. Change the City and community's negative perception of safety in the Fry Street area, I Expand the services offered in the community office. Encourage long-term volunteer commitment for community center staffing. Reduce or stop the demand for drugs in the Fry Street area. Increase community activism and involvement. PROPERTY SIAINTEN.+NCE Take Initiative and emphas!r.. I �responsibility of property owners, residents,tenants and business owners to maintain their properties In a clean, healthy and orderly manner. Promote and take advantage of programs to assist clean up and recycling efforts. Promote physical, social and economic viability of the Fry Street area by eliminating blighted and deteriorated conditions, untended vacant lots and boarded up buildings. COSINIVNITY C HARACTER Provide for public improvements including an improved street system, modernized public utilities, and dcfrnsible space. Enhance community policing and continue to promote cultural,racial and social diversity by making the Fry Street area a safe place to Iive,work,visit and congregate. Develop a marketing strategy to promote a more positive Image and Identity. Create a positive"entrance" and sense of arrival to the Fry Street area. f Maintain a safe and walkable community, Create small green space and pedcslri an pavilion opportunities to Improve the Image and character of the Fry Street area. 38 Ell t 1 N Stakeholder Identified Strategies Area stakeholders propose a number of solutions,alternatives and strategies, The necessary means to realize the goals identified in the plan must be clearly identified and outlined step by step. The City recognizes and area stakeholders must also recognize that the improvements to the Fry Street area will not be achieved by City actions alone, A strong partnership between the City, UNT,the Fry Street community and the Fry Street Development Corporation is needed to achieve the plan objectives. Sonic proposals will be relatively easy to carry out, while others will present significant challenges. Implementation may be immediate or years from now and the responsibilities for action are private as well as public. This section presents the wide array of stakeholder recommended strategies. The entire stakeholder identified strategies are identified below. LITTER,BEAUTIFICATION AND SOLID WASTE COLLECTION (SW) SW-la Community organize"litter squad". SW-lb Prevent and eliminate litter Sy and injury from bottles and other glass containers. SW-2 Relocate dumpsters to a central location. SW3 Screen dumpsters from view or SW-4 City provide trash compactors in strategically Iocated and out of sight areas. SW-5 Area merchants agree to have City increase solid wane pick-ups. S%V-6 Agreement between City and area merchants to empty trashcans. SW-7 UNT-City agreement for trashcan collection SW-B City provide solid waste service for cans. 4 SW-9 City charge all merchants using solid waste services. SW-10 City study need and costs/benefits of recycling. City agreement with private property I owners to provide space for containers. PARKING AND TRAFFIC(PT) PT-1 UNT require parking permits for all UNT students, PT-2 Public-Private venture to purchase renter-occupied properties for remote parking site/lot. PT-3 City crate more handicapped parking spaces. PT-4 City grant parking variances and reduce parking standards in the Fry Street area, PT-5 Designate Fry S(rect area as a special district that revises parking requirements. PT-6 Designate Fry Street area as a Public Improvement District(PID)in order to generate funds to leverage with city dollars used for Fry Street area improvements. PI-7 Allow parking in front of HMS Art Store instead of on the side of the store. PT-8 Provide metered parking on Oak St. (specified areas only) PT-9 Limit parking meters to 30 minutes. PT-10 City-UNT cooperative to increase enforcement of melon. PT-1 I Meet with beer vendors to reschedule deliveries. PT-12 Designate loading zones along Fry Street and Ave. A. r PT-13 City-UNT partnership to develop bicycle path in area. A PT-14 City establish designated traffic zones and improve street markings, / PT.15 One-way south traffic circulation along Fry and two-way north traffic circulation for Ave. A and Afulberry. PT-16 City reduce speed limit in the area and/or increase enforcement of speed limits, i 39 c c, 4 SOCIAL CONCERNS AND SAFETY(SC) SC-1 Create public education campaign, in cooperation with local media,to Identify the positive activities undertaken to deal with drug tragedies in the Fry Street area. SC-2 Maintain community office in the area. SC-3 Merchants cooperate to expand the free taxi service presently offered by the Bruno's. SC-4 Establish a memorial in the area so that people will understand the long-and short-term results of drug use. SC-5 increase drug and alcohol enforcement. Police officers Increase pressures on the area's drug suppliers. SC-6 Solicit long-term vol unteer Comm Itment to staff community office. SC-7 City increase present level of Police presence In community. SC-8 City-UNT cooperative effort to staff community office 24 hours a day. SC-9 City improve quality and quantity of lighting throughout the area,especially on Fry Street. PROPERTY MAINTENANCE(Phi) PM-1 City step up code enforcement of private renter-occupied housing in the Fry Street area, PM-2 Renovation/Urban renewal of private renter-occupied housing, (Community Development funding for rehabilitation,) PM-3 Merchants and area volunteers organize clean up days. PM-4 Encourage and promote residential or commercial development of undeveloped land on Fry and Oak. COMMUNITY CHARACTER (CC) CC•I Increase level of coordination between Delia Lodge, City and area residents In Fry Street Fair organliation, CC-2 City improve sidewalk conditions and make handicap accessible. CC-3 City pass an ordinance prohibiting sitting,laying and reclining on sidewalks during specific hours. CC-4 City make pedestrian crossing more visible by repainting or installing Bashing lights along Hickory and Oak Sheets. CC-5 Install underground utilities(complete removal of poles). CC-6 Kiosks/Buitclin board for handbill posting. CC-7 Locate markers and/or signs"announcing"the area. CC-8 Merchants-Delta Lodge develop marketing campaign to improve image of area. CC-9 City-Merchants-Residents work out a schedule for regular cleaning of streets. CC-10 Include landscaping and street trees along Ave A and Fry S'reet re-design for i beautification purposes. r b CC-11 Recognize that the Fry Street area is a commercial area. Limit residential densities of ( / any new development, CC-12 City Council establish Fry Street area as a P1D, t, a Recommendations and Implementation Actions A useful plan for restoration of the Fry Street community's viability requires dual strategies. Solutions will not come easily or quickly. Obstacles include deep-rooted skepticism, limited resources available for remedial efforts and limited participation and interest by area residents. As first hand evidence of commitment to the Fry Street area,there are a number of actions,which the City of Denton,the Fry Street Development Corporation(FSDC),and The University of North Texas (UNT)can initiate, These actions include solid waste services, parking and traffic circulation, property maintenance and community aesthetics. In many Instances,the recommended actions directly match stratcgies identified by the stakeholders in the previous section. In other instances,the recommended actions are based on detailed analyses provided by city staff. All of the actions correspond to one or more of the stakeholder strategies previously identified. Where there is mgre than one option available,the preferred recommendation is identified by V ORGANIZATIONAL Recommended Actions: First, the plan recommends a public-private partnership between the City of Denton,the University of North Texas and the Fry Street Development Corporation. The City will be the catalyst by initiating the Fry Street area Improvements. Specifics of this recommendation are discussed under the Parking and Traffic recommendations, PT-14/PT-15. 1 Sccl,od, to accomplish the above recommendation, the plan further recommends the creation of a special Fry Street Zoning Overlay District and a Fry Street Public Improvement District(FSPID). A Special District and a PID formation are discussed in detail under the Parking and Traffic recommendations,PT-CPT•5 and PT-G. The most apparent ardons involve soliJ waste services and Include keeping trash,debris and glass containers out of the area, removal of the dumpsters off the streets and sidewalks to a centralized location, screening of area containers and'or replacement of the dumpsters forcompactors. Area 1 stakeholders are determined and committed to cleaning up the Image and aesthetics of the area by first removing the dumpsters from the streets and off the sidewalks. I LITTER, BEAUTIFICATION AND SOLID WASTE COLLECTION Recommended Actions: SWA b A"no glass'container ordinance for the Fry Street Area should be adopted to prevent and oirninate the proliferation of litter by and injury from bottles and other glass containers. Install centralized solid waste facilities to reduce dumpster visibility and improve solid waste service, The following options are available: 1. SW21SW3 The City Solid Waste Department will contact area merchants and property owners to relocate the refuse containers to more centralized areas, Customers who are clustered together(by 41 ( c c r block)should agree to share solid waste containers and services to enable use of one or two strategically placed single large units for a number of users. Generators would further benefit from on- premise compaction of solid waste. A credit or a discount in solid waste rates may be given to those generators who participate in on-premise compaction. Further discussion with the Solid Waste Department regarding this item is needed to determine service details and monthly collection rates. or 2. SW-4 Solid Waste will replace dumpsters with centrally located compactors. This is a strategy that City Solid Waste representatives presented to area stakeholders. Use of compactors would significantly reduce the number of pick-ups required since compaction allows the containment of more trash. Solid waste generators will need to work with the Solid Waste Department to determine a centralized location for the compactors. Preliminary cost estimates indicate that current solid waste costs will increase roughly 10011a-105% for all generators, Since the recommendation was first made, the Solid Waste Department has re-evaluated this issue,finding that while compactors are designed to hold more trash,minimize collection frequency and reduce the number of containers in the area, there are some disadvantages to compactor use. Increased odor due to the infrequency of collection,watery discharge from rain and wet garbage increases due to the compactness of the garbage and the costs associated with placement and service of compactors are significantly higher sot generators than the present dumpster service may result. Concrete reinforcement ofdriveways for the service trucks, security lighting and electric utility connections to the compactors are additional costs. If centralized compactors are selected, the Solid Waste Department will analyze creative financing strategles and alternatives to pay for the up-front costs and other assoclated costs. The strategic grouping of dumpsters rather than compactors is recommended in the three blocks of the Fry Street study area. This proposal and a comparison of centralized dumpsters vs.centralized compactors are provided. Rejerla Table 2,pg. 44. The strategic grouping of the containers will reduce , the number of containers in the area and will reduce the cost of service to many area merchants, but not every merchant. Refer to Figure 13,p,^,, 47. Design, specifications and actual location of the containers(either dumpsters or compactors)will include access points,concrete drives,concrete pads, revetments, security lighting, etc, and will need to be discussed and coordinated in greater detail with the City Solid Waste and PIanning Departments, FSDC/FSPID, and UN r. Whichever option is chosen,the Solid Waste Department will provide up to$20,000 in funds,to cover part of the costs for screening revetments, a concrete drive and a concrete slab and apron for the containers to be placed on. This is above and beyond the basic solid waste services that the City provides. Ocneretots will be responsible for additional funding costs and future maintenance, Furthermore,if a consensus is reached regarding centralized containers, implementation will occur on a block by block basis. Removal of grease refuse containers from the curb and right-of-way will 11so be i ' A required. Grease refuse containers maybe located in revetments if separate access is prodded, (f;•{ `` However,the Solid Waste Department will not be responsible for providing service to grease refuse containers. (An increase in solid waste rates will result if Solid Waste has to clean revetments due to grease refuse,) 42 c I SW-7 UNT empty area trashcans in exchange for the authority to regulate the parking of vehicles on public streets in the Fry Street area and surrounding vicinity. Amend current contract to include the streets identified in UNT's proposal.Refer to Figure 14,pg. 49. Details of the contract include language indicating that this arrangement is an interim solution until self-management of the trashcans by FSDC/FSPID. The Solid Waste Department will provide an additional refuse container for the waste disposal, Location of this dumpstcr on one of the blocks proposed for centralized grouping of the containers or UNT's physical plant facility will be evaluated by the Solid Waste Department. To discourage students from parking, in the surrounding residential areas due to heightened UNT enforcement, hang-tags that allow ugly area residents to park along residcutiai streets are also recommended. SW-9 The City Solid Waste Department identify all solid waste generators and require service. Fully utilize the enforcement powers of the Solid Waste Ordinance, PARKING AND TRAFFIC Recommended Actions: As mentioned previously,there are 2 major organizational actions that must also occur in conjunction with the public-private partnership recommended earlier. The creation of a special Fry Street Zoning Overlay District(PT4,PT-5) and a Fry Street Public Improvement District(PT-6) is rec immended. I. PT-4lPT-5 Create a special Fry Street Zoning District designed to aid in revitalization that is compatible with and will serve to preserve the character of the Fry Street area. The Fry Street Toning District will set out and establish zoning classification of uses; zoning requirements, includin3 density, area and height restrictions; sign regulations;parking regulations, including off-street and remote off- site parking and loading requirements;transit and traffic operations; public improvements; and aesthetic regulations, including glass container and encampment restrictions and dumpstcr location rcquircnunts. The zoning district and regulations will only be applicable to the Fry Strem area. Specilic rcquiremcuts related to parking and density include the following options; a. Reduce the parking requirements for restaurants and bars In the Fry Street area to one space for each 200 square feet of floor area or one space for each b seats,whlchever Is greater. This ratio allows some existing businesses to expand, and a few new businesses to move Into the area. In this <ccnado,existing business owners have two options. First,business owners can rota n the current leases for parking,which allows for future expansion, The second option allows the business owner to cut costs by renegotiating the parking leases and reducing the number of spaces leased. This option impacts parking availability in the two major parking lots as follows: ' 4 .Lot south of Hickory/East of Are.A- this option would make available between r'- 7 and 43 spaces on this lot. -Lot north of Hickory/East of Fry Street-this option would make available approximately 30 spaces on this lot. 43 e> TABLE 2: SOLID WASTE SERVICE, CENTRALIZED CONTAINER COMPARISONS OAK/FRY/HICKORY (BLOCK 1) Address Name Current Current Service Proposed Itumpster Compactor Rate 4=dty-sin cmu'w"ofemo Cealrallaed Option Role* Option Raw mVied Service I•Syd'/4x 1-30yd'11x 2.6yd'/4x 1120 W.Hickory Sir.Chopsticks $114.00 I.3yd'/3x 9yd' $78.98 $132.20 1206 W.Hickory T.Vs Wings&'things $66,20 I•Syd'/lx 8yd' $6610 $115.73 1218 W.Ilickory Cool Beans $132.40 _ I.8yd'/2x 16yd' $132.40 $231.46 1220 W.Hickory Treasure Aisle $15.20 t•3yd'/2x lyd' $15.00 $15.00 1222 W,Hickory University Barber $15.20 1.3yd'/2x lyd' $15.00 $15.00 112 Fry Vagabond Import 515,20 1.3yd'/2x lyd' SI5.00 $15.00 t 114 Fry TheX $15.20 1.3yd'/2x lyd, $15.00 S1S.00 116 Fry Campus Barber 515,20 I.3yd42x _ lyd' $15.00 $15.00 1226 W. Ifickory Fl)ingTomato $132.38 I•Syd'/4x I6yd' $132.40 $231.46 ' 110 Fry Pigheri Italian Restaurant $132.38 I.Syd'/4x I6yd' $132.40 $231.46 113 Fry /ebra Ilead no SW no SW lyd' $15.00 $15.00 1300 W.Hickory Copy-Pro Tech no SW no SW lyd' $15.00 $13.00 1302 W.Hickory Fry Street Ink $38.00 1.3yd'/lx lyd' $15.00 $15.00 t 1306 W. I lickory Voyager's Dream no SW no SW Iyd' S1S.00 $15.00 118 Fry II ipConnectiOn $19.00 1.3y� d�lix 1 Syd' $15.00 S21.70 1215 W.Oak The Corkscrew $19.00 t•3Yd'Iix LSyd' $15.00 $21.70 1217 W.Oak Uncommon Grounds 538.00 1•3ydilx 3yd' $26,33 543.40 $767.40 B03,d 95 d� $733.71 $1,164.11 Compactor Costs(Included In above cost estimate) Disposal fee for 1.30yd41 x 5896.311mo Rental Fee for I.30yd'/Ix $23&001rno Estimated Electric Coo S25.001mo ADDITIONWOPTIONAL Services for Compactor Toter Dumper $200.001mo Toter 52.50'molcust. Mrs c u i MULBERRY/AVE A/HICKORY (BLOCK 2) Address Name Correct Current Current Service Proposed Dumpster Compactor Rate Rate eowo+i� la ne d mm Centraliacd Option Rate Option Rated Service I-Syd'/4x 1.30yd'/lx 2.6yd'/4x 101 Ave A First State Hank $45.60 $22.80 2.3yd'/6x 3.5yd' $30.72 $50.64 103 Ave A Kharma Cafd 545.60 $2210 2.3yd'/6x My& $30.72 $50.64 105 Ave A Text Ou!let $45.60 $22.80 2-Syd'/6x 3.Syd' $10.72 550,64 105.3 Ave A Avant Hair $43.60 $22.80 2-lyd'/6x 3.$yd' $30.12 $50.64 107 Ave A State Club $45.60 $22.80 2.3yd'16x 3.5yd' $30.72 $30.64 109 Ave A lot Cleaners $45.60 $22.80 2.3yd'/6x 3.5yd' $30.72 $30.64 113 Ave A Nlulhers $45.60 $22.80 2.3yd'/6x 3.5yd' $30.72 $50.64 119 Ave A blodalits's Hair Salon $45.60 $22.80 2.3yd'/6x 3.5yd' $30.72 $50.64 121 Ave A The Tavern $45.60 $22.80 2.3yd'/6x 3.S yd 530.72 $50.64 123 Ave A Prodigal Sound $45.60 $22.80 2-Syd'/6x 3.5yd' $30.72 530,64 A 125 Ave A Rick's $130.13 S130.15 1.4yd ih 12 AM $99.30 $173.60 1212 Mulberry H.bi.5, Art& Frame $6620 $66.20 1-Syd'iIx Syd' $66.20 $115.74 1217 W.Ilickory Billy Shears $15.00 no SW 1.3y6lx lyd' $15.00 SIS.00 1211 W. Hickory Riprocks 599.30 566.20 1-Syd'Ox 12yd' $99.30 $173.60 1207 W. IIickory Luck Lou's S99.30 599.30 I-Syd'13x 124 $99.30 S17340 $863.93 5589,85 Wd' 80yd $686.30 $1.157.94 Compactor Costs(Included In above cost estimate) Disposal fee for l•30yd'!1x 5896.31/mo Rental Per for 1.30yd'/1x S236.00lmo Lstirnated Hkctric Cost $25.00/mo ADDITIONAIJOPTiONAL Seri lot for Comps tor Toler Dumper $200Ad'tno Tuter $2,301molcust. r' r z , { ;E HICKORY/ AVE 1}/ OAK (BLOCK 3) Address Name Current Current Serdet Proposed Dumpster Compactor Rate gWWfy eeautrwafeM1 Ceotratlaed Option Rate* option Rate "'°'d Service t-8yd'/4x 1.30ydc/Ix 2.6yd'/4x 1314 W. Hickory Voertman's $109.30 1.6yd'12x 12yd' $99.30 $192.88 1320 W. Hickory Teacher's World no SW no SW LSyd' $15.00 $24.12 1322 W. Hickory C.D.Warcho me no SW no SW LSyd' $15.00 $24.12 t408 W,Ilickory Jack In the Bc•x $198.60 1.8yd'13x 24yd' 5198.60 $1183,77 114 Ave D Scholtzsky's $54.65 1.6yd'11x 6yd' 549.65 $96.44 1401 W.Oak Joe's Copy $96.25 1.2yd'13x 6yd' 549,65 S96.44 1407 W.Oak Bari's Pasta 5114.00 1.3yd'/3x 9yd' $74.48 $144.66 1415 W.Oak 7.11 $109,30 1.6yd'11x 12yd' $99.30 $192,88 5682.10 69Zd 72yd 5600.98 $1,157.31 Compactor Costs(Irduded in �. above cost tit ims it) Disposal fee for 1.30yd41x $996,31/mo Rental Fee for 1.30yd'/Ix $236.00'mo Estimated Electric Cost $25.00/m0 ADDITIONAL/OPTIONAL Services for Compactor Toter Dumper $200.00/mo Toter $2,301molcust. *Rate structure is subject to change, For those merchants whose collection frequency Increases,rates are also subject to increase, t , c. t. a }f .. Li r r r� r r��� �{ w w r r r r � ..t;LdGK 3 y... . .... .. .. . . ht!!.00K 1 .. ..I r•r• OAKr•w.r.s� as .ra•r•r•r•r•r•r-w• rl• I� n # 11 1,► 31 U M ! t rl I, R ; Mot U I C n 1 j I; 9mie. .I r r HICKORY ................. �•r•r•�•�i7�_i .. ,. . . . . `,n. ., •� ,V•,,,,�r•�... r r r r r r .� �w�r•r r r r � �� � , yiy ', I Tlu Em � 1 ❑ , MAM ii �x�., t L W'1Y'1W MY•�rr tiYr •w•�r'�VLTr7'di�W•W'W'W'W'4. r .. Fry Street Study Area Solid Waste Collection ,, ^ oM ,�,wW,wo eel,WfN Centralized Container Prorisal ���� so o 60 ,"�,� ,, EngIM�rI�Q i_T30 •f_ y. op-V Al", __ •err- � . . _.. _ . i i FIGUM 14 of UNT PARKING CONTROL PROPOSAL as w , !SJ8 �_r., m DWO i�B •�i ��q4 iodp ;r� �o�oa) �] o0 0� 8 04 O00onq b f d ,� �7�n`''o • ❑ p �o oou0❑dm000000 J W _ tj pan q--'� � , C?J� i 4 • v ^, CrEr f1 Doe (7 A' l� ! p G �l I P 0 C3 Lo CDC _ f� " � /h AM Mdr NM � UNf RUY+YrGi'IaY � p,� ��UIRCwPM u_� f�l AMYfrtl/Ir/M��MyOa#d — ,�_� 49 r I These spaces could be made available to tenants wishing to convert existing structures for uses other than those for which they currently qualify as a legally non-conforming use. Spaces could also be used for a limited amount of new construction. However,the Building Inspections Division would rcvicw any n:w construction that would cause a net loss of available parking in the area on a case by case basis. This option does not change the fact that iwo major property owners control the majority of the available parking in the Fry Street area, h also does not address the problems we currently have with variances, illegally non-conforming uses,and legally non-conforming uses. or V b. A Fry Street Zoning District Is:rested (PT-41PT-5)and all parking requirements In the Fry Street area will be eliminated and density requirements will be established, Density recommendation: Missing guidelines and Floor to Area (FAR)minimums for new and existing construction w111 be developed, Art)one attempting 10 rezone properties outside the established Fry Street Area boundary for purposes of expanding the district wilt be subject to denial by the Board of Ion Ing Appeals and the City Counch Any residential property rezoned and converted for any use other than residential, will be required to Increase parking In the District at a ratio of one space for each 200 sq. h.of floor are to be converted, This option prevents new development front occurring outside the Fry Street District, will allow for the expansion of existing businesses vertically and pave the way for redevelopment in the area, A Fry Street Zoning Overlay District will also eliminate the problems mailh variances, illegally non-conforming uses,and legally non-conforming uses. Atso, by setting density rostr,ctions,the likelihood of uncontrolled growth in the area is icsaencd. As is the case with the first option, the Building Inspections Division would review any new construction in the Fry Street area on a case by case basis. or r. Set"area wide"parking requirements and treat the Fry Street area as a singte business entity In relation to parking. This option would determine parking requirements for the entire Fry Street area by comparing the total squire footage of all businesses within the boundaries of the area to The total number of parking spaces available In the area. The nu tuber of spaces required would be based on a ratio of one space for each 200 sq, ft.of floor area for reslaurant/bars and retail uses and one space for a ch 300 sq. ft.orfloor ores for orrice uses. This option allows for the expansion of existing businesses and paves the way for now busincsses to locate in the area, it also eliminates the current problems with illegally non-conforming uses and legally non-conforming uses by making all uses conforming. Also,by setting parking requirements based on certain uses, the likelihood of uncontrollel growth in the area is lessened. This option also alleviates the problems associaled with The fact .hat two property owners control the majority of the parking in the area. As Is the case with the first two t r options, the Building Inspections Division would review any new, construction in the Fry Street I area on a case by case basis. Also, in instances where new construction or the conversion of existing structures creates a need for additional parking spaces,the Individual or entity responsible for the Increase will work together with the Fry Street District and the City to tack s0 c t Y more joint parking. Current Zoning Use Breakdown of the Fry Street Area (Figures esllmated using Are Explorer) Square footage Parking Required Restaurant/Bar 43,000 215 Retail/Service 65,500 327 Office0ther 27,500 91 Residential 25,000 l�lA Total Square Footage 161,000 Total Parking Required 633 There are currengy 600 parking spaces in the Fry Street area, Irthe variances currently granted in the Fry Street area arc factored in, these 600 spaces are more than enough parking to meet the requirements, (There are also 69 additional spaces on two lots north of Oak Street,across from Vocrtman's and Bari'%, which are controlled by Vocnman's.) PT-6 Area property owners should petition the City to create a Fry Street Public Improvement District(FSPI D). A PID is a tool,which allow,a local government to levy and collect special assessments on property to finance needed public ►mprovernems. Area property owners are assessed additional taxes based on property values for a specified period of time. The additional taxes are channeled to a Special Improvement District Fund. Management of the funds can be through the City or an appointed PID Board. A PID can be effective in promoting resources, maintcnance, upgrading of infrastructure and special services, improving and expanding on the spc(is►character of a neighborhood;enhancing the identity and visual experience of a neighborhood and assuring the longevity and maintenance of aesthetic Improvements. A preliminary assessment of the possible proceeds generated front a Fry Street PID(FSPID) 1 indicates approximately S3,000-S4,0001year (assuming a 50.07 per$100 of appraised value). T his amount is not a high enough yield to help fund many orthe Fry Street improvement j proposals. Ilse of thls fund to pay principal and interest on bonds that the City might use for area improvements can demonstrate a willingness and commitment to match funding for area improvements, The City's Economic Development Department and the Small Area Planning Division will provide organizational assistance, llowever,It Is additionally recommended that , over the nex13.4 )tars. the FSPI D funds are offset wlth additional fund raising activities to A raise et leas! 5{1,000 per year. This averages 5371 per year for each of the 40+buslnesses f i'- N In the area. S1 1 Y. In addition,building owners could also agree to require,of tenants and lessees,dues for services and needed improvements in the area, UNT provide additiot+ai capital investment assistance for street improvements in the Fry Street area. PT-14fPT-15 The City Engineering and Transportation Department develop a traffic improvement plan for the Fry Street area. Reconfigure the traffic circulation on Fry Street, Avenue A and Mulberry Street to one-way. (Jne-way southbound on Fry from Oak to Hickory, one-way northbound on Avenue A,westbound on Mulberry from Welch to Hickory)Where Avenue A is offset from Fry Street,change the existing configuration change to include a pedestrian pavilion/mall. Also include sidewalk replacement and expansion; new angled head-in parking;additional meter parking on Oak Street;additional handicap parking spaces, and new loading zones. To initiate the recommended public-private partnership,the City program 5200,000.5250,000 into the 2000 Capital Improvement Program(CIP)Budget towards these improvements. FSDC, FSPID and UNT provide streetscape and landscape improvements in the area. Refer to Figure IS,pg. 53. Additional one-way options are also identified, The"pros"and "cons"of each of these options including the recommended option(option 5)Is explained in a cursory analysis on the following pages. Rrftr to Fable 3,pg. 54. Of the six options, the Engineering and Transportation Department would prefer either option one or three. However, because option S is supported by a majority of the Ftakeholders,the Engineering and Transportation Department is willing to support this opton. SOCIAL.CO'' -:RNS AND SAFETY Recommended Actions: SGI FSDC, FSPID and Delta Lodge meet with the media to discuss and develop promotion strategy and campaign for the area, SC-2 The City Police Department(DPD)program limited funding assistance in future Police Dcp irtment budgets to Include staffing and operation of the Fry Street community office, This Vill supplement funding by FSDC for the office, cr'-S Denton Police continue 0 employ the zero-tolcrance strategy as long as offenses are (:evmcd a priority problem. f SC-6 FSDC and'or FSPID work with area beer distributors and other business interests to create r a trusVcndn«mcnt to fund a parl-time employee to staff the community office. % r. SC-7lSC-8 The City consider locating n City Utilities Customer Service Representative in the 32 G 4,t FIG RE 16 �--- r i g MIANCIO L� nrcslRacc INreat " ON ALXM t PRr OTU QOM�Y r_ _ i ON ALL °r� { NTVWCT10�! ONE•wAV�0uT11 OAOM " (r ANA CENTIIAlOOMPACTpl -- e CkAuy I r �J �........._..... OIWAMQMfALTREi! _ CCMM :, J CDAONJO 1 �J'� � J III r ' L�S,AIPMy , I "� �I P PG Vf11 A EOLUMARD {-7 OuMPACTOR v bADP11M 09 CL JJ�Wl1f�0UND OTREt ?Mg t _ -1 •1 c Traffic Improvement Plan Proposal E AY TABLE 3. RECONFICUATION OPTIONS FOR FRY STREET AND AVENUE A BETWEEN MULBERRY AND OAK STREETS 1. One-W. Southbound from Oak to Mulberry.and Lastbound from Avenue A to Wekh. Positive N i ves ♦ One-way traffic permlis two lanes of travel for the entire a The elimination of two-way traffic can create length of the street,subsequently relieving sonic confusion for motorist,tsp"c Jly the multi-thousand congestion. new moiorlsts that enroll at the Univers ity each a Onaway traffic makes the concept of angled parking semester. Having a one-way path for the entire more fa;ible because it allows maneuvering room for length of Avenue A/Fry would at least provkk vehicles to pass at puked cats re-enter the stream of continuity, traffic, a Ow way sou hbound would Increase traffic on s One-way traffic makes the concept of angled puking Welch—northbound,as a motorist would no longer more feasible because it prevents cars from entering be able to go north on Avenue Airy Streets. parking spaces that see not angled In the direction that the can are approaching. Also,motorists who tend to use more then one lone would not cross in the path of vehicles that see travelling In the opposite direction, a One-way trafflc the entire length eliminates some turning movements at the Intersection of Mulberry and Welch and the intersection of Hickory and Fry and eliminates head-on movements that exists at FrytAve A and Hickory. a One-way traffic in the ism direction across the intersection of Fry/Ave A and Hickory will permit the use of two lanes to allow for multiple movements(straight and left-turn)while simultar.ously reducing the amount of stacking that Is necessary at the intersection and making angled parking more feasible on Fry Street. a The geometry of Ave A lends iUelf to southbound flow, its a motorist on Hickory would not have to nuke a full ' ninety-decree turn to enter Ave A, Conclusion: There Is a net benefit in implementing thli option. It is possible to increase traffic now modestly jbi�aptimizintt the ability to sorely place snaled Darkin>t onto existing sheds. i s 14 17 i _. One-Woy Northbound from Mulberry to Oak East and from Welch to Avenue A. Posillvt Ntiastives a One-way traffic permits two lanes of travel for the entire a The elimination of two-way traffic increases length of the street mbaequentiy relieving some confusion for motorist,especially new motorist$that congestion. enroll it the University each semester. Having a a One-way traffic makes the concept of angled parking one-way path for the entire length of Fry/Ave A more feasible because it allows maneuvering room for provides continuity. vehicles to pass as perked can re-enter the stream of a One-way northbound increases southbound traffle traffic, on Wckh for those motorists who know the ueo. e One-way traffic nukes the concept of angled parking These motorists would no longer be able to travel on more feasible because it prevents cars from entering Fry/Ave A. parking spaces that are not angled In the direction that the a One-way northbound increases southbound trarrc can are approaching. Also,motorists who tend to use on Ave B from Oak to Hickory,southbound traffic more than one lane will not cross in the path of vehicle, on Welch from Hickory to Mulberry for those that sire travelling In the opposite direction, motorisu who ore unfamiliar with the arts. a One-way traffic the entire length eliminates some a The geometry of Ave A does not lend Itself to a turning movements at the intersection of Mulberry t.nd natural northbound flow. A motorist on Ave A Is Welch and the intersection of Hickory and Fry and pointed towards the eastbound trafP7e on Hickory. prevents head-on movements that currently exist at Motorists needing to turn onto Hickory from Ave A Fry/Ave.A and Hickory. have to fluke a tum greater than 901 degrees. a One-way traffic In the same direction across the Intersection of Fry/Ave,A and Hickory permits the use of the two lanes to allow for multiple movements(straight and left turn)while simultaneously reducing the amount of stacking that is necessary at the intersection and nuking an fed parkin more feasible on Avenue A. Conclusion: There b s net benefit mostly the ume as in option one,hown,er,the angle of Avenue A at Hickory lends this to be lees beneAcla!then o lion one. J. Two.-Wa from Oak to Welch,Status Quo Positive N olives a two-way traffic is a well-known traMc situation among a Angled puking Is not feasible because perking all faced of the public whethet familiar with the Area or maneuverability,blocks traffic and leads to an not. Increase in fendet benders, Then Is not an extra lane I the cost of implementing status quo is zero. Any other to permit traffic to move around t vehicle. situation will require some money. a The Intersection or Hickory and Fry/A Is not a very good Intersection for eithn automobiles or pedestrians. No one on Fry or Ave.A U required to use that Intersection al Hickory. a Movements dt the existing Intersection of Fry1A and lllckery sin con0ictin , Concluslnn: Zero Increase in benetT6 however, then is no new cost,and Mo-way trofife Is a fatrilisf situation to most driven. ,f Ao ,, ss t - ' I I v, I e. One-Way Southbound on Fry Street from Oak to Hickory,One-Way NorthboundlWestbound on Avenue VNlulberry front Welch to Hickory,Avenae A,Fry and Hickory Inlersecl In their current configuration. Positive N ative$ s One-way traffic makes the concept of angled parking a Because there Is a mend"turning movement, more feasble for the mid-block areas because it allows triple may have to narrow to une lane to make the maneuvering room for vehicles to pus as parked can turn. A design study is needed to determine if a reenter the stream of traffic. double left turn Is possible using templates. s One-way traffic makes the concept of angled parking Sacking needs are Stealer if the two lanes merge. more feasible because N prevents can from entering a It two lanes must merge,with the increased need parking spaces that are not angled in the direction that the for sacking,the amount orparking,angled or tars are apptoaching. Also,motorists who tend to use parallel that Is feasible is reduced. Even if parking more than one lane will not cross In the path of vehicles Is permitted,it Is difficult to ingress and egress that arc travelling in the opposite direction these parking epoces. a Some turning movements are eliminated. a Some turning tttovements are eliminated at Hickory and at Mulberry. The remaining situation at H ckoq Street is worse than option 3 because there is a concentration of motorist required to turn on to Hickory. Hickory is the primary movement, therefore tnrfic will have to well longer before being able to turn on to Hickory. a The amount of traffic on Hickory Increases Steady between fry/Ave,A and Welch, Welch will experknce an Increase In traffic In both directions between Oak and Mulberry because motorists who enter and leave the Fry/Ave.A area have to use Welch. Unfamiliar motorists will be more prone to make misakes In this area due to the changes in one-way movements. a A head-on situation Is created it FrylAve,A and Hickory, in addition,a right-of-way dilemma Arista as right-turn on red it legal,and left-turn on red Is legal on a One-way street. a All traffic on Fry Street and Ave,A 1w lST use the intersection at Hickory Strut. Conclusion: ibis option produces no net benefit. Tts lc flow G+impaired and the ability to safely add on-street arking is decreased, a 11 -. r , S6 t 1 G C� i S, One-Wq Soutbhound on Fry Streit from Oak to Hlckory,One•Way NorthboundM'atbound on Avenue A/Mulberry from Welch to Hickory, Avenue A and Hickory Intersect at a"0 angle,and no Ion er slisins witb Fry Street. Positive Netadvies e One-way traffic makes the concept of angled parking a Because there is a mandatory turning movement, more feasible because it allows maneuvering room for traffic may have to narrJx to one lane to make the vehicles to pass is parked can raenles the stream or turn. A design study is needed to determine if a traffic. double ten tom is possible using templates. a One-way traffic makes the concept of angled puking Sucking needs are greater if the two lanes merge, more feaaibie because it prcveaa cars from entering a If two lanes must merge,with the increased need parking spaces that are not angled in the directon that the for stacking,the amount of parking,angled or can are approaching, Also,motorists who tend to use parallel that Is feasible Is reduced. Even if parking more than one lane will not cross In the path of vehicles Is permitted,It Is difficult to ingress and egress that are travelling in the opposite direction. them parking spaces. a Some turning movtments an eliminated al Mulberry s Some turning movements are tluninated at and Oak Streets, Hickory and at Mulberry. The remaining situation a The head-on movement at FrylA and Hickory is at Hickory Stree,is worse than option 3 because eliminated. there is a concenaation ormotoriat required to turn onto Hickory. Hickory ls the primary movement, therefore traffic will have to wait longer before being able to turn on to Hickory, e The amount of traffic on Hickory increases greatly between Fry/Ave.A and Welch. Welch will experience an increase In traffic in both directions between Oak and Mulberry because motorists who enter and leave the FrylAvt, A area have to use Welch. Unfamiliar motorists will be more prone to make mistakes in this area due to the change in one-way movements. a The separstlon distance between Fry and Hickory and Ave.A and Hickory is not sufficient to aid traffic now. Furthermore,this separation requires two sets of traffic signals and the synchronlzotioo of the signals on hickory is reduced, a All traffc on Fry Street and Avenue A fUST 1 use the Intersection at Hickory Stmt. a The separation distance between Fry and Avenue A does not leave enough room for stacking to make the tragic light work appropriately. There is only • enough room for two can to wall on Hickory al the intcnection crAve. A, If the signal facing Hickory Is red(it Hlckory and Avenue A),only a limited number of ears from etcher Fry or Hickory can proceed without blocking the Fry and Hickory intersection. a By moving the intersection of Avenue A, there is I great cost associated with this option not "A 1; associated with any other option. Plait see costs �? following this section. Conclusion; This tio�on will create no tree bencrit artster over any of the other onbons. f S7 ' Y 1� i i 6. One-Way on Fry Street from Oak to Hickory,Two-way on Avenue A/Mulberry,existrit jeometr , Positive Negativea a One-way traffic makes the concept or angled perking a 0iven the number of Intersecting driveways,dw more feasible because it allows maneuvering room ror cumber of angled parking spaces that can be added vehicles to pass so parked cars reenter the strewn or traffic may be limited. The only reason to even coasidee a a One-way traffic makes the concept of angled parking one-way Fry Street Is to Increase puking. As this more feasible because it prevents con''rom entering street is narrow,it is almost cents In that to mike any parking spaces that are not @noted in the direction that the situation work with Fry Street,the entire street cars are approaching. Also,motorists who tend to use would have to be rebuilt. Any other option that more than one lane will not rross in the path of vehicles allows for a continuous(acme)one-way movement that are travelling in the opposite direction. across alt three street aecdons will improve traffic a Taming movements are only eliminated at either now In the existing right-or--way,even if the street Ilickory or Oak,but not both. cannot be rebuilt to add parking. a In either direction,two lanes are permitted on to either a This situation creates a very confusing situation Oak or Hickory because there are multiple movements at for unftmilut motorist since all parts of Fry/Ave,A either intersection(either straight or left-turn.) is two-way except for this one block. In addition, there Is an increased incentive to travel the wrong way on Fry,thus breaking the law,Us motorist un see that the next two-way section Is Just one block away. a The one-way Fry Street will tncrease IMMC on Avenue B and Welch,depending on the direetlon of Fry Street a It Fry Street b southbound one-wry,there is it risk of a head-on situation at the Intersection of Fry/Ave,4 and Hickory,and an increase In the amount of are Me on Hickory. a If Fry Street is northbound,not only b them the risk of a head-on situation,the amount of trsffle on Oak Increases significantly due to the fact that all motorists on Fry(northbound of southbound) MUST use the Intersection at Oak Street Trafile 0 on Oak between Fry and Avenue B increases sgnifcandy. Conclusion! This option provides no new benefit on its oe a snd there lean public benefit created by spending money(a Idening the street or sidewalk)on this one street section alone. Safety is an issue since this one block will be an anomaly to all contiauousportions orAvenue A and Fry streets. i r`f Alrti C r Se c• • 1 community office on a trial period of one year to increase the hours of operation. The Fry Street community office receives a high proportion of staffing hours than any other area of town. The Fry Street area has two Police Officers assigned to work on bicycle during the pear hours, plus one officer during each of the three shifts. An increase beyond these staffing levels is simply not Justified by the current call load and criminal activity reported in the Fry Street area. PROPERTY MAINTENANCE Recommended Actions: PN-1 The City Building inspections and Code Enforcement Department target properties in the area for enforcement of City code tiolations. The FSDC and/or FSPID determine if maintenance guidelines arc appropriate for the Fry Street area. If so,meet with City Code Enforcement and Planning staffto discuss the creation of guldelines. COMMUNITY CHARACTER Recommended Actions: CC-1 The City require Delta Lodge to meet wish all pertinent City personnel atone melting to discuss organization of the Fry Street Fair, Delta Lodge include FSDC and/or FSPID in the Fair planning meetings and in the distribution of the proceeds. FSDClFSPID develop and coordinate other fund-raising activities,in addition to the Fry Street Fair held annually by Delta Lodge, to help match, leverage or supplement City funding of Fry Street Area Improvements. CC-3 Adopt a "no encampment"ordimince to prohibit sitting, laying,loitering and reclining on - sidewalks in the Fry Street Area during specified hours. Continued use of the Enforcement Authorization Program, C07 FSDC/FSPID provide markers and signs identifying the Fry Street Area. The area serves as a gateway to the UNT campus and to downtown Denton, Add marker signs to the existing street signs in the Fry Street area. Create area logo and place on area trashcans and containers. CC-10 FSDC/FSPID provide landscaping,irrigation and street trees in conjunctlon with traffic improvement plan(PT-14!PT-I5). CC-1 I Delta Lodge has applied for a Special Use Permit(SUP)to rebuild a new fraternity house on the vacant lot located at 1305 W.Oak Street. The structure that formerly occupied the site was completely destroyed by fire. The proposed use Is compatible with the area,and under present zoning regulations,an SUP Is required for the establishment oft fraternity. The previously mentioned recommendations are early action agenda strategies. Implementation of these strategics and the remaining strategies and recommendations,which are more long-term 39 l' r i i c, F I� III , f f and require a greater detail of public-private cooperation,are presented in the Fry Street Small Area Plan Zoning and Implementation Actions. Refer to Table 4,pg.61. VI. CONCLUSION The Fry Street area requires immediate attention. It is time for more action and less talk,time to transform renewed enthusiasm and energy Into positive steps toward restoration of the community and the well being of its residents. Improvements are needed to undo years of deferred investment,advertent neglect and overdue renovation. Procrastination and apathy can only lead to further deterioration and instability in the Fry Street area, improvements will be costly and will require a considerable financial commitment not only from the City of Denton, but the University of North Texas,The Fry Street Development Corporation,resi&nts merchants,business and property owners In the Fry Street area. The distribution of the financial commitment does not necessarily have to be equal,however it docs have to be shared. All of Denton neighborhoods are Interconnected and interdependent. Harm to a part damages the whole. However,the reverse i3 also true: neighborhood gains benefit the entire community. Changes in the Fry Strcet area involve social, economic and physical recovery. While the concerns are unique,issue definition and possible strategies discussed by the Fry Street area stakeholders can be applied in many areas of the city. Neighborhoods have to heal thom within, Without ongoing involvement and full commitment of neighborhood residents and businesses, there can be no lasting gains. Self-reliance and personal initiative must play a much greater role than they have in the past. i A c i fit} y . i, ( a i P ,w TABLE 4: FRY STREET SMALL AREA PLATY ZONING AND IMPLEMENTATION ACTIONS ORGANIZATIONAL Recommended Actions Page Comments Mpooslble for Cortsct Priority Cost implementation Projected x Implementation Dote CompletionOste Establish public-privale 4I/ City mill baome major rmcstorto s= �- artner5hi the Fry 5tred Ara b)"ninmdng r p p SV0DnS2f0,000 In the 2000 CIP budgel forams traffic f200A00• I"tpmVements. 8210,000 CIP a Create special Fry Zonieg oveday distrkl ana M Street Zoning 43 tm inticte Aingr quim Dents Dismet. the sm, petragcapprcmrnte In the am,dcYrniint apptupr�ak land utet and estali mini mum and nndmum Flom Arta Ratio(FAR) fur u*and existing construction. , O+ •In onhr to finance special City of mint n City Cwncit PID'F5DC • Create a Fry Street Invmvemrnu such as rtdee.allu, Plarning A M001!ism to generate d Public Improvement itmet nets and landsupfng and Doelopment Dedrs Ragland last District (PID)under tratncipov<menb.rtrrc hints and TSIXRngertyOvineri BillSioncburner 113,M'ytin arcs pnipttly c%MM(gone 10 nri o+tr Dcatot Development Julie Dlwtr I tlTr tlexl 2•5 2000 2U01-1002 the direction of the M43.imis mane than"P or area (1NT Fred Pole years llom Fry Street properly o%nm)need to maanin Rlu Iodge Todd Rasuad fundralsers Development S J and pentium City Council to pan a s resorurion creating a Fry street PI D. Corporation (FSDC) •PID should be mated In astneistion to match,leverage ►ithft FSLIC, Financialwortwill 20-1094 and supplement De b accurtTULte f 11,000'yar over PP the ncvt 1-1 yens Through additional UNT public funding of fund-raisingscli%itien for"cid Inveatsrtent Fry StrecI irtgmlrmrnts' •Agmmtnl a ilh UN T fer additioad improvement and capital funding or ghee rC41tah2ali"n Inpmlertrnta. 19%w •AVvcnenl%kh Ile lea I.edge to of Fry Suer effotl5. increase cmirihtions from Fry Fair Street Fair proceeds proceeds w "a �C Primary Recommendation 61 Secondary Rerorruncndation • These costs ore included in trafrrc Improvement estimate. F t k r, LITTER, BEAUTIFICATION AND SOLID WASTE COLLECTION S Recommended Actions Page Comments Responsible for Contact Priority Cost Implementation Projected } Im lementallo s !late Completion Date Litter and Dnm sters FSDGFSPIDorganize Inorde v,keep&"aciewofdebria campaign with Kee Denton and vain,the try street eo.unity r Pa gn p will wed an VIM ir d litter kam. I Beauti rut(KD13)and Mr. FsocrFSPLD Bill swneb ris" Area Sukeholden Min Brava ..'h 41 Adopt 8"n0 g1a53 41 Manning sun w ill dn0 a n0 glor Small Area Plawinr Michelle L120 so 1999 On-g0fng f container ordinance w prevent and Dedn Ragland container"ordinance in the 'eliminate liperand injury from = Fry Street area, bunts and crov glass cantsiners. City Solid Waste Install 41 •5'A will preps"agrermenl aith prh'akpmpenyoanentoM.lKak centralized solid waste and sen ke crnoalwd equiprramt. facil}ties, -SW will anrcate partial funding In City Solid Waste Billy sprebeaty • trRclocattdumpslenloo c'werpanorthermtorrevclmcnu PON Ott Property oatm CurtisLovelese Lip 10 C std w cmercle ilab soil gmtn Orrw BjeWit 520,000 for N central location and -Deign and rpec;rwAtimts(or FSDC Bill swneburner revetments FY 1999 FY 1999 screen contiinct.;from ceiribilited rmped emttatnen)for Small Area Manning Dedn Ragland 1 k'ICw. ac'ccu polite,cunerete pods,security lknwn Puliee sgt.soon Flekher 42 lighting,etc will be dncloped or -Wid Waste Depaft"t(SW)win S45A00 a rcxamh aid identify all ants (napcair Provide compactors in inverenear ssswialed%A dunpsteia and abeaMdby strategically located and mnpacmrs for o Tariwnby rely)of site areas, merchanu Trashcans 6?City Solid Waste text has A t lied public alma city Engineering fc y Clark negotiate 8 cement W ith requested fur lnlerim parking and LNt tNT Police g gr mctcr agulatiun Solid Waite will Fred Pole UN'1' fortrashranco[leclion prwldeamtainerto errgh Stiall Arcs Niintng MichelleLato g so 1999 1999 T in exchange for parking and 43 r°sh ms Dedrs Ragland meter regulalion oulForit . Solid Waste Sen Ices 1 City charge all merchants solid waste wi in net viended and city 5014 waste Billy Spnbevy '} USIn solid waste Sefv'iCCS. 4) enrurcerrenleanconerwike. SW' so 1999 NA g dept.wall ikmeiry an generslurs and rc uirc acrvke w be inin'akd 5 7bf Primory Recomm:ndation C' Secondary Recommendation 0 These costs are included in traffic improvilmeal estimate. i t! i i >4 PARKING AND TRAFFIC PT Recommended Actions Page Comments Responsible for Contact Priority Cost Implementation Projected Implementation Date _ Completion ilete TraMe congesdoldhazards City Engineering develop Inprmemcni plan vnlldniptste Traff c Improvement Plan tram`cones,lnprme etreel tnaralnp and Inpme mine for one-way design(Fry St. circulation on Pry.Ave A and one way South and Ave.A Muibetry. UNT and FSPID A ab:e one-way North and Mulberry in Will for area h pmvenenu one-way west)to include: FSPID to provide additional funding 1)Investigation of control and far abcet beet and lendxapfng channeling of pedestrian City win evaluate preuni cocrnnon Ciy Engineering Jerry Clark crossing it WtIch and Mulberry landing ronn wrong fry Strut and Sman Area Planning Michelle tae by Installing lights and barriers, S2 Avv A. New k cifims,if needed, Dedn Ragland F70oJt0o• by Inst Replacement of end barril will be dnignared.Plan identi Mn tlh-r Fred Pok f f 1 21l 000 7001 t00t•7003 potcntial currift t kadina tune e4c FSUC4 SPID aril stoneburner C markings with pavers. Enginming hm knpomi ly ptxed Anita arwro 3)Evaluation of 4•aa Y stops loading ionea in the area Theis and signal light at Herded areas will be rotwiwted dneedd. intersections in the area Time limits will k pixtd m eaxa. s `: 4)Sidewalk improvements. 5)Pedestrian'public pavilion on Ave.A. 6) New angled head-in parking on Fry Street and Are.A. 7) Additional handicap parting, ,B B Common loading zonel. h1crchants'F'SIX meet IF and then tam Police(DPD)will with beer vendors to "wet set-Up cepuble tim ndnn to acs-up an xeept:ble time rur food t'5[x' Bin Stonetmmer reschedule deliveries, SI and alcoW delittries to mlmmite DPD set scon MOO t so 1999 1999 the amount of cmeestion and lw bla uae acnerated by dit ymki. �f Primary Recommetvation 61 Secondary Recommendation a These costs ue Included in trafrw improvement estimate. c. PARKING AND TRAFFIC (PT) can't. Recommended Actions Page Comments Responsible for Contact Priority Coil Implementation Projected Implementation Dale Completion Date On/Off Street Parkin ETiminate all parking Create zoning District to elirni"M City of Denton City council puking iequhvn is fm all uses Pfamting Rpettment David M.trill requirements. 4J teccpt tcsidctstial, bistnv1 will also FSDC/FSPID Anita 9naso eetabluA density requirements, Big stmeb me 1 0 1999 1999 mewing guidelines and Roar to uea litniutims Additlo sImbi m will apply. UNT require parking permits UNT will present transpanatim Re UNT Fled Pak, ror all students. 30 to stile k(rslature Adminisoadre 3 so 1999 200I(mv itsh"i _ Alfsin VP arsdawl PflbIic-lvl'ivate Venture to City win agree to fund paving and City Engineernj Jerry Clatt ' 11 rha5!properly for remote other Inv"enrnta if PID is Froperly OwroMs) 11151100 Depends on property p p Pe Y 51 established,ptupeny owner or PN FSPID (,Nr m owner eamnitrMll parking siterlot. purchases property and a percentile Snell Area Plming Michelle Lazo 7 „� vd an cststwst andlm 7000 of the profits to to 0he PID. Dcdn lu land PiD dev t Meters 16) Engineering and Small Addi Canal mrs-rtd parking onOak Area Plannilt tcY15lrm xiif Street will p-.Aide a few mile M. 1999 1999 \ $ y S2 street pm'.i^e opportunities. 111!,000- (my deg bt tied to (my ado be tied m private contract for meter- to (Designated'emas oniyeulude $VXO Met lntpto"rrcnl lacer improvement add additional meters on Oak tpaces in faml of Cmksenw). vomit fair at-way Isim al foe one-wry design.) desgn.) Street. f) In conjunction with trashcan col[action Agftsm en will allow UNT b City Engines ng Jerry CDah hurcase en fnrcemem nfinetrrs and UNT kRiLvia 2 agreement, Enginrering and minimize the pmblema ss; iaed Small Area Planning Michelle Liao elop wnhsn,dentp,rklnsInnktemd DedraRagland Small Area Plantingdev 43 spacer,ismvlde UNT with revenue b so 1999 1999 contract with UNT to include increase en Wrcemeol and assure meter and parking authority %isleMlulianofareatrvsheatta. of public streets in the Fry Street area and surrounding vicinity. _ 7� PI'mary Recommendation Cl Secondary Recommendation • Thes, costs are included in traffic Improvement estimate, c t: t SOCIAL CONCERNS AND SAFETY SC Recommended Actions Page Comments Responsible for Contact Priorlty Cost Implementation ProjeMed Implementation Date Cam don Date Social Offenses +SDGFSPID and Delta Cnut,,vbtic eduotim curpsipt.In FSDC/FSPIrYAma Din swoeb inter coopemaon with loaf rmdis,to Mmhwtg [,edge meet with Denton Identify Ow posifiw acU,idev UNS Daily Record-Chronicle(DR•C), mxfemkm to deal with dmir bKc Oristlu Doh niralk UNT Daily and KNTU 811.1 tragedies in the Fry Street arcs. Dclu lodge Todd Kaabtad for a weekly,monthly and'or M SMI Fm dl atmn quarterly report to promote sF a so 1999 On-going ' the area. 1 •FSDCIFSPID promote and > . sponsor image campaign. A Work with the Slain Street program f(ar or anization. City police include in k from wokda,eoMinwmd mint in connmity Once in the bud a t.,P artial funding to arcs DPD Sgt,Soon Fletcher maintain office as a S2 FSDC DinStaiewatmr s)A0ome supplement to funding from FSPID t yma,Mini" Fy 109 M"9 e FSDC andror FSP1D. Police continue to employ This action Will mane to trl cbiely DPD Sgt Scan rkiel,o re[O•teieraee Strata in the increase drug and alcohol OfIcr.Mike lkue.,r n strategy mKncem i. Irpoli<eoffwcm Fry Street area. Police will inemw pnssum on arc sm'scing maintain pressures on the 52 suppliem,awn it is v roMed that the I so On-ping On-going `t nrgnth a Imge and perceptions supply and distribution of sumiunding the Fry Strftt arcs will narcotics in the Fry Street be mduced. area. t 7t , V �f Primary Recommendation (A' Secondary Recoml.sendation + These torts are Included In traffic improvement estimate. c, SOCIAL. CONCERNS AND SAFETY SC con't. Recommended Actions Page Comments Responsible for Contact Priority Cost Implementation Projected Implementation Dale Com letic Date Safety elfFSDC, FSPIDand; i Since the try Stmt con",inity FSDC DinStoneburnee vendors create N15t l0 r�md office rectisas a high pnrounion of FSPIU etaRng hour and the City and UNt li(Budget) Sp.Scott F'kbher part.Iime civilian staff for provide olrkco to wort,the arcs, Ana vendors Ben E.Keith the community office.Polive police ofrwers are Il'ok?utiliredon Uhlitiescustomer, department will consider the sbtets Tk trust fuhd"a i Sen ice P City Utilities customer acnkt center p including In budget partial 37 located in the community office will including far Staff, hctp in ntahluh mm long-term J up n$3,000 FY 7000(city portka) On-ac ing(in Inq n funding Staffing enmmitmwnt. arc Yra,Mr.b tutr pleb) -City staff research the '4 feasibility of locating a City Utilities customer service re resentatiNe in the area PROPERTY MAINTENANCE PAI Recommended Actions Page Comments Responsible for Contact Priority Cost Implementation Projected Implementation Date Com letfon Date ,ltatntenanrc ___ _ ` $Routine rcl'1c%,of area i Crok"lim•emrntomcen wilt wort w ith pmpa(ty owers to male arc 7 properties for City Code pnrpertiu arc wen maintained in enforcement, ac curdame with font codes 4SIFC}.SPID'volunteers 59 Crnndination nimminc rinn-up Cede Cnforcemrnl Uvnm Bateman � organize c lean•up days. days w i l l he 1p to keep vasty and FSDC'FSPID r.n Sbtxhumr, 3 iq As seonu"iolile On-$i rFS[)GTSPI1)dcvclop dehNainft ants oa min imum, A mile 11"a maintenance guidelinc5. lich%tl help m impnoNt image of --- ----'-- — the area. Primary Recommendation Secondary Reeornmendation • These costs are included in traffic improvement estimate: r i COMMUNITY CHARACTER CC Recommended Actions Pose Comments Responsible for Coaled Priority Cod Implementation Projected Implemeolation Date Completion Date Social Occasions 6) Concessions by Delta er ;Julim between Delta lodge. Lodge recommended to ke City and aret leddrnu In fry Sveei 8 Fair organindee will make am Fair in the Fry Street area: rtliaenta and merchanu tan receptive w air fair, a Partnership between Delta S9 Incneaaing the dmanm and DPD silt Scot Floicher Lodge,area merchants, deil"ting h to dre FSPID win help Delta Wee Todd Kutad 2 so 1999 On pmg property owners, and FSPID land eva`npaenaau FSPID Bill sw wburner needed. a Designate a larger share of the oceeds to FSPID. a Sidewalks and Pedestrian � 'Irculation b)If not included in Sidewalk impmvemenn will aid improvement plan,City may pedotrlan circulation in dre area and In P tap Y make iidewalkr tart handicap include reconstruction of a cenille sidewalks in sidewalk improvement program Engineering knF Clark $300.000• 2001 2007 budget CI P budget and'or SZ Sman Meg Planning Michele Lam 7 S330,o00a ts*"re Rep* Dedra other funding sources. City Aaglmd r i+� 200003(M study remarking pavement with concrete payers as part of the Traffic Improvement Plan proposal. FSPID,TSDC and other funding sources needed for landscape and r C strectscapic impr9yements. 6) Adopt a"no Ordinance will"I"I it dining. Mmaing a Mkhene Lam laying and rcclmlyd on sidewalks Devekpr"t Dedwa bSlmd 2 so 1999 1999 `• encampment"ordinance. 59 during irt110M, 7� Primary Recommendation 4' Secondary Recommendation a These costs are included in traffic it"vemenl estimsta o . a. COMMUNITY CHARACTER CC can't. Recommended Action Past Comment$ Responsthte for CooUet Prbrlty Cat lotpkosenlatlon Project Implementittloil hale C tloaDate Image and Aesthetics km City provide 8n Approval of Tnrtk nnprwanenl City Enaineerinr kr ttodneY uni for kiosks end a ryes propo'et~"s pedeur.n Paris oppoR ty pavilion an Ave A will include Small Arne PlannMi Michelle tam centralized gathering place KiookAunctm board The tundbin rw°'aigl°d 2 floo,taa 2000 2000 for people and tandscaping 52 amount rpowinbetprrridan n sts0000e amount of paper and patted on area in the Traffic improvement uldity poke. Plan o sal. FSDGFSPiD providc Sipe rhwla be despvxi and allied b taigml encsl alga. FSDCffSPID Bin Stonebateer 1940 1997 markrn Ind/Of Signs Troaken�vithFryStreetbea ZincTnfinccrine DavidAym 2 I25M00 I "announcing"the area. 59 should dra be deeicned and placed smaa Aro ryann ne M�1191AN wand 04 m Total estimated.usts for Fry Street area Improvements 5200,000.5114001000 s r V Primary Recommendation O Secondary Recommendation a These costs are Included in traffic improvement estimate, I r r AGENDA INFORMATION SHEET AQendaNa 99- O.2lI Apenda hem AGENDA DATE. June IS, 1999 DEPARTMENT: Planning Department CMlDCMlACM: Dave Hill, 349-8354 SUBJE —Z-99.032 (Liberty Christian School) Hold a public hearing and consider rezoning 1.774 acres from an Agricultural (A)zoning district to Office, conditioned (O[c]) zoning district. The property is legally described as being 1.774 acres in the O.S. Brewster Survey(Abstract 56) in the City of Denton, Denton County,Texas, it is located on the west side of Bonnie Brae Street, approximately 600 feet north of Willowwood Street. Tb:proposal is to allow for a future expansion of the existing Liberty Christian School. The Planning and Zoning Commission recommended approval(7-0)with conditions. BACKGROUND The applicant has requested to rezone this property in order to allow for future expansion of the Liberty Christian School. A single-family residential structure currently exists on the site. The applicant has indicated no immediate plans to make changes to the she. a The subject property is located in a Agricultural (A) zoning district created in 1969 with the City of Denton's Comprehensive zoning ordinance. The proposed development is consistent with most of the policies of the 1988 Denton Development Plan (DDP) and the I998 Denton Plan (DP) Policies as applicable (see Attachment I -Comprehensive Plan Analysis section). D Seven (7) property owners were notified of the zoning request by certified mail and eleven (11) courtesy notices were also mailed. Informativrial signs were placed on the property. One (l) response has been received neutral to the request. No other responses have been received regarding this case. PRIOR ACTION/REVIEW I April 13, 1999-Zoning application filed. I May 12, 1999 -Planning and Zoning Commission recommended approval (7.0)with conditions. r ' ESTIMATED PROJECT SCHEDULE 1' If approved,this Dill be the final action for this zoning case. I , {f !T � t� FISCAL INFORMATION The rezoning of ids property will require no short-term public improvements that are the �a responsibility of the city. Y&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval (7-0) of this zoning request with the following conditions: 1. Prohibited Uses. The uses described in Enclosure 8 shall be prohibited from the zoning classification and land use designation. 2. Buffer Yard. A buffer yard of not less than ten feet in width shall be maintained along the southern boundary to include: • A solid screen of not less than six(6)feet; and • Four (4) trees from the large and medium size tree list from the City's Landscape Ordinance for every one hundred(100) feet of boundary;and • Four(4) trees from the small size tree list from the City's Landscape Ordinance for every one hundred(100)feet of boundary. 3. 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. 4. Sidewalks. The existing sidewalk along Bonnie Brae shall be extended across the entire frontage of the subject parcel. OPTI NS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Posipc ne consideration. S. Table item. ATTACHMENT'S 1. Naaning and Zoning Commission Report, May 12, 1999,Z-99-032. 2. Planning and Zoning Commission minutes from May 12, 1999, 3. List of Prohibited Uses. 4. Draft Ordinance. , 5. Pho?ographs. R44[pectfully submitted: r�6 k Donaldson Assistant Director of Planning and Development r t 1 t Prepared by: t at rk iissen PI ter 1 ' 2. t A96rids NA a' PLANNINQ f • t • STArr • I Liberty I Subject: ... Numbs . . . mum., '.:,_. t =;_,•kt + M.` f` • .:;�; `M•:YXT'�a Hold public . and consider making a reoommendatbn to Counell concerning rezoning of 1.?74 acres from an Agriculture (A)zontrig district to a Office, conditioned (0[c))zoning distrM. The rezonIng wN allow for a future expansion of the existing Liberty Christian School. ,IIII I!■ .V 1111 • - iqN 1 -. - I .,, _ r. r■ P'! 11111 1 Irl t ,. I•nl 1!1 ._ ` 11111 9111111 �■ .1111 :It 1 II 111. IIw Ilu :'111 111 IIII IOI � ill 1!111! 111■ L • I nlll'G 1111 _ a1� � ,1■ III I n I♦a IIP 1 J,,1.111U11111 11 1. ,_- �„I�all�! u,. .. I .:IIII- ! UI I••III .U! Jrl � �= � �I��.111111111111 �•.nn1l ar.111 1 .. pm`• _\. .:1■ •lualllll•11i1111� . °lull � =k� .Ir. 11L1 ,�1 ,IIII• r ' {1lli �� .1 � •. 111'u r � - G1ti • aa.i1.I - - ' �. ♦ � z _ .n I+1! lllUl , X113. ;�� 11,_. , 11 alai �Iil.;Illllllr tlt nllE� r m nunurY LOCATION • •n: West side of S • approximately 611 feet north of • • • (See Enclosure 1) Size: 1.774 acres 10 3. w i f Fil <� s A F F titan: Jerry Owner: Libert/Christian School Landmark Surveyors 1500 S. 9onn'e Brae 4238135 North Denton, Texas 78207 Denton, Texas 79205 Mull The app;icant Is requesting a Office, conditioned zoning distri;t classification for this 1.714 acre property. This request mirrors a similar request for rezoning by t'ne school approved In August, 1998 (See Enclosure 2). The current proposal will allow for future w:panslon of the school grounds, the Immediate use of the undeveloped portion of the property for afsletic type fields (a single family type structure does exist on the site). However,the school does antloipate the need to utilize the property for other uses In the future (possible utilization of existing structure). Therefore, they would like the proper zoning In place for those anticipated needs. 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP)shows this area to be within a Low Intensity Area, The primary purpose of the City's low Intensity areas is for housl sg; however, other uses are allowed. Schools, both private and public, are generally considered to be compatible with housing neighborhoods. For example, in the City's currant zoning ride, public schools are allowed as a permitted land use In single family residential zoning cfassificiAlons; however, private schools require a specific use permit, Staff finds the proposed development to be generally consistent with both the policies and trip Intensity standards of the 198P ODP (See Enclosure 3). 1998 Denton Plan Policies Analysis The 1998 Denton Plan (Dr 1 Is to be used In conjunction with the 1988 Denton Development Plan In evaluating the consistency of proposed development with the long range vision for the city, Stall j finds the proposed development to be generally conslstent with the policies of the 1998 Op (See Enclosure 4). �SpLr�r-+Yt�fC� ry�,j'y+ f.�y�y ��r7��,3 u G_ TAV—Jl��t�sl2l[Ln.L�yt1.�F"��;x :� _) �I�A�SS'v -o ei�,�l y .� . r,, 1. Transportation filiGi A. Trip generation Elemenrary and secondary schools typically generate 1.0 to 2.0 trips per day per student. Expansion cf the school facilities could result In additlonal students and Increase trips In the area. r B. Access jAccess Is from Bonnie Brae which Is classified as an arterial streal. i r,'atia�w 4. C. Road Capacity Average dally traffic of 1,413 vehicles was observed in 1997 on Bonnie Brae,Just north of Willowwood. An arterial road is expected to handle many times this amount of traffic. D. Pedestrian Linkages Sidewalks along all the public streets to the north are required as a result of recent platting. The subject property is already platted,therefore sidewalks will not be constructed unless roptattcr' or required as a condition of zoning. Staff does recommend an extension of the sidewalk to ine southern end of the property as an additional condition. 2, Utilities This site has access to existing water and sanitary sewer lines (See r iclosure 5). 3, Drainage and Topography Should any new development occur,the applicant will be required w r'asign and construct a drainage system to city standards. A preliminary drainage study will be required with the submission of a preliminary plat. The study must Include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property. The developer must indicate the method by which the run-off will be carried across the property or stored on the property. 4. Signs As per the sign ordinance, 5. Off-Street Parking New develupment must provide parking accordin,to the regulations of Chapter 35 (35-301)of the Code of Ordinances. 6. Landscaping This property will have to comply with the new Landscape Code,which requires fifteen(15)trees per acre and twenty (20) percent of ail surfaces to remain pervious (plantable area). Staff also 1 recommends a buffer yard along the southern property line. 7. Lighting Lighting on the property should be designed and maintained so as not to shine on or otherwise disturb, surrounding residential properly or to shine and project vpward to prevent the diffusion Into the night sky. January, 1969 — The subject property was placed In the Agricultural (A)zoning district and land E f use classification by Ordinance 69-01 which adopted the first zoning ordinance and map for the City of Denton (See Enclosure 6). f A1ena�k l , E The subject properly is platted. If the owner plans to develop across any existing lot lines, I would be necessary to replat the properly, ,� �w I r. Notice of the zoning request was published In the Denton Record-Chronicle on May 2, 1999. Seven (7)properly owners were notified of the request by certified mail on April 30, 1999 and eleven (11)courtesy notices were also mailed, Informational signs were placed on the property April 30, 1999(See Enclosure 7). As of this writing,there has been one (1) response neutral to the request. No other responses have been received. The applicant elected not to hold a neighborhood meeting. The applicant indicated that the school has an excellent relationship with the surrounding neighbors and does not anticipate any problems with this request. S i U As mentioned, staff finds the proposal to be generally consistent with the 1988 DDP and the 1998 Denton Policies. Staff does recommend the some conditions be imposed on the property as the existing school property. These Include a list of prohibited uses from the standard Office Zoning Classification (See enclosure 8). The uses proposed as prohibited leave as permitted those uses that should be compatible with existirg adjacent land uses(See enclosure 9). E I«go 7 ', Staff recommends approval of Z•99-032 with the following conditions: 1, Prohibited Uses. The uses described in Enclosure 8 shall be prohibited from the zoning classification and land use designation. 2. Buffer Yard. A buffer yard of not less than ten feet in width shall be maintained along the southern boundary to include: • A solid screen of not less than six (8)feet; and • Four (4) trees from the large and medium size tree list from the City's Landscape Ordinance \ for every one hundred (100)feet of boundary, and • Four (4) trees from the small size tree list from the City's Landscape Ordinance for every one hundred (100) feet of boundary. 3, 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 j the diffusion Into the night sky. 4. Sidewalks. The existing sidewalk along Bonnie Brae shall be extended across the entire frontage of the subject parcel. wt I move to recommend approval of 2.99-032 with the conditions as outlined by staff. FJenane ' r i 1 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend dental 4. Postpone consideration. 5. Table Rem. 1. Vicinity Map. 2. Ordinance 98.223 (Z-98431). 3. 5988 DDP Matrix, 4. 1998 Denton Pollcies Matrix. 5. Utility Map. 8. Zoning Map. 7. 200'•500' Property Owner Notification Map. S. List of Prohibited Uses. 9. List of Permitted Uses. Y rlIename S' , �asass�aassanassa► 1988 Denton Development Plan Analysis The 1988 Denton Developirent Plan (DDP) shows this area to be within a Low Intensity Area. These areas are Irtenclod to be developed primarily for single family res;dential development, Neighborhoods are to be serviced by a network of small commercial/retail cen'ers spaced at about Ya 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 19$8 DDP. The table below provides a summary of the 1988 Denton Development Plan policies erpplicable to this project; Denton Development Plan Policy Analysis Summary Low Intensity Area Development itaUng vs. Policy POLIC1f COMMENTS went Inconsistent consistent Intent These areas rep�%entprimary housing areas within the city. X Intenslty To be oonsistenl with the Mowed Intendty a 60 trlpsfeae Dian,a dwelopment drorM not exceed hs Mocawl Intensity a 106 v1pshtte a noted Wendty. It is mnsistent N remains In Its Irnmedlata WArded use. May be inconsi t A r X Site Plan Control. $W property some card"are imooseb however, development wtrd wlthln 1,600 feet of no SM Plan Submlttair "mg low density residential areas, X Trafflc l)"lgn. Access should be provided to ensure that multi-fam0y or ran-residential uses have access to conMors of larger arterials Wth no Bred aaess through msIdenWl streets. X open Space. SuffMeM green spM reaeatJonal facilities and dWersty of parks are provided. _ X Publle participation. lnrul Into planning by w councils e� associations and raaliM. X land use Diversity, Non-residenbal end mutb-farnlly development Is encouraged W I limited degree. X Manufactured Housing. TMs farm of drgle-family housng may be caltmWe with developments In the low Intendty areas subject to con lJorrs. N/A f, Strip commercial. Any form of , / ♦, C continuous sWp evrowdal b Wordy { /+ N rAscouraged Wor near low Intensity areas. X Rename 8. i T 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP)is to be used In conjunction with the 1988 Dentor, Development Plan in evaluating the consistency of proposed development with the long range vit;on for the city. Staff finds the proposed development to be generally consistent with the policies of the 1998 DP. The table below provides a summary of the 1998 Denton Plan Policies applitzble to this project: Denton Plan Policy Analysis Summary Development Rating vs. Policy CATEGORY POLICY Inconsistent r _',ble Consistent Transportation. Compliments Denton's L"Range Ttwraipteare Plan. $ . i"51! Ronwtd Access Management Pradces li ax optirsam opmUons for emergency wAm ProMdero and `" other pudic service proNders. v Promotes pudic transmutlon system. ContriMes to the Denton Trals network f Stormwater Dralnage. RoteL iA year Roodplaln areas In accordance*V x f Demon's watersthM management plans, +JC'.y % Conforrths to natal KWVd Von regufatlons. +.• !���'��`.� % Contributes to reglonal detention fad ItIM Rovldes for natural dWan erwlronment atong floodptaln. upgrades trlong substandard dralnegt+ritems as 1011 s r. -- and rtdeven+pment oMir x�'�r tip, Water and Develops Ind m+,nlalM property end private };, I Wastewater. MfrasWdwe. VIA Creates oppurtun,ty ra•ever911ing water and wastewater Imes to meet future Oelelopment demands, '•,..' ;, Provides review or Mosed Ovate and wastewater Infrastrudhae to onshrre"lc safety and heatth. Promotes Innll Impm+enherds over new One ehdenslahc. ifectric. Provides underpound electric sevice for new regdentlal and nonreddenbat developeem. °k Solid Waste. Promotes etrident amess to al devetopnhem for sold fir i'gy wrste xMct deMey. '.��='! % Parks and Recreation. Locates Au end recreation fadlltk In accordance wllh th Parks and Reaeatlon Strateoc Plan BUR � Enhances Parks and w auon opportmides for residents. Preserves aoodplain for Parks and open space to ad Vi t floodptaln tonservabon efforts. xh Allows combining of parks with other PUNIC fadlibes to v. aehleve cost-effective deINVY of Pudic SeMUa, M t,► r Resldentlal development should dedkate Land or reel In Nev of land for neighborhood parks. f `, Envtronmentat Quality. Promotes preservation of rl"a(re woes Integrates environmental protedon With economic growth and community development i it filenrux � 4. 1995 Denton Plan Policies Analysis continued) Denton Plan Policy Analysis summary Development Rating vs. Polley CATEGORY POLICY t come Hetom mm"w a01"fiend mffm ft fad flea fur mo ,r44 Erax"On a nixtn of tand uses that WA reddentm x No"and pm nrva eafding rdOft lwods pedto r" whkuw W bfjt u x Houdrsl. Pravtides a range of houlsnq typa tMt Apex to dHknng emra and 1n VI"m4yta. Men a vmety of slnq'e•fan*bt OM Gsldng sues,: and pea nr*m Preserves ed&Q tv*W%Indudng affordada ho AIrt4 Swum kth hoWng oonowwom !co Contrlbubrs to a f.,WV and n bnl tea y on. naeanq en ponent nd dte x GowlM ML Enooiraga Interpovemmenhl coordnatkn to pr M& Cod-e fadWe Putlk aes km Man Dull& #&essa owrewity sppearana In a avrp*wWvs manner. DkrslW archltedwal appOWO of DuR emtrorsnent Netghbortaod halt development darts be ter wWO with exIOng land um and buhdrps Pmteds and preserves Demon's imMedx9l,aural and histwi resources. 6*410es the am ararvA along rm)w entranceways. r Aavotea Bx esenrabon or troy and lan4sapr4 x public tnvoW m aL fkevlda m oppohr ty for pudk"Won Mr*the x ptanning pro", E � e f Nenaiw 10. r ENCLOSURE 1 r n: NORTH Z-99-032 (LIBERTY CHRISTIAN SCHOOL) K SITE V EAGLE POINT GOLF COURSE Q ef LLOWW ryes K1 A O ! r VICINITY MAP 4 A Agenda Date: May 12, 100 bcala: None; 11 ! i ENCLOSURE 2 zsran ' ORDINANCE NO, 4= AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A), OFFICE, CONDITIONEP ;01C]), AND ONE FAMILY DWELLING (SF-10)ZONING DISTRICT CLASSIFICA710N AND USE DESIGNATION TO TILE OFFICE CONDITIONED (O(C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 14.31 ACRES OF LAND LOCATED ON THE WEST SIDE OF DONNIE BRAE STREET, APPROXIMATELY 750 FEET NORTH OF WILLOWWOOD STREET; PROVIDING FOR THE REVOCATION OF SPECIFIC USE PERMITS NUMBER ONE HUNDRED NINETY-FOUR (194) AND ONE HUNDRED NINETY-SIX (196); PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the Liberty Christian School initiated a change in zoning for 1411 acres of land from the Agricultural (A), Office Conditioned (O[c]), and One Family Dwelling (SF-10) zoning district classification and use designation to the Office Conditioned, (Ole]) zoning district classification and use designation;and WHEREAS, the conditions for specific use permits one hundred ninety four (194) and one hundred ninety six are no longer valid with the rezoning;and a I WHEREAS, on July 8, 1998, the Planning and Zoning Commission recommended approval of a change from the Agricultural (A), Office Conditioned (Olc)), and One Family Dwelling (SF-10) zoninp district classification and use designation to the Orlice Conditioned, (Olc]) zoning district clas,ification and use designation and revocation of Specific Use Permits Number One Hundred ninety-four(194) and One Hundred ninety-six(196); and %VHEREAS, the City Council finds that tie change in zoning will be in compliance with the Denton Development Plan;NOW THEREFORE TILE COUNCIL OF THE CITY OF DEMON HEREBY ORDAINS: SECTION I, That the zoning district classification and use designation of the 14,31 acres of land described In Exhibits A and B, attached hereto and incorporated by reference herein, is j changed from the Agricultural (A), Office Conditioned (Ole)), and One Family Dwelling (SF- i 10) zoning district classification and use designation to the Office Conditioned, (Ole]) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: r 1, Prohfbfred ases. The uses described In enclosure 5 shall be prohibited from th ' zoning classification and land use designation; j 2, B ffer)ard, A buffer yard of not less than ten feet in width shall be maWalned ; along the southern boundary, to Include, 12. C' • t ■ A solid screen of not less than six(6)feet; ■ Four (4) trees from the large and medium size tree list from the City's Landscape Ordinance for every one hundred(100)feet of boundary;and • Four (4) trees from the small size tree list from the City's Landscape Ordinance for every one hundred(100)feet of boundary. 3. 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. SECTION II. That Specific Use Permits number One Hundred ninety-four (194) and One Hundred ninety-six(196) be revoked. SECTION III. That tho City's official zoning map Is amended to show th, change In zoning district hj (€94)and One Hundred ninety-six(f classification si 96)peeific Use Permits number One Hundred ninety-four SECTION IV. 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 V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and 1Le 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 A�h_day of_ �� 1998 1 J LER, MAYOR ATTEST, JENNIFER WALTERS. CITY SECRETARY BY: ^ AP OVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY i F:�hu ed+dept�I,OLx/ue Dovro.d.'grC,nmenl9 hL9�t-031,Liberty CMahn/oa 13. r t ENCLOSURE 3 1111 fill I i Milt fi 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 con, m:rciallr6tall centers spaced at about You 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 1986 DDP. The table below provides a summary of the 1988 Denton Development Pian policies applicable to this project; Denton Developme* Plan Policy Analysis Summary Low Intensity Area Development Ratigi vs, Policy sgrocarty POLICY COMMENTS l incosist�ent Corot" ' Int ot. These areas represent pdmary housing areas v,ifiln the oty. x Intensity. To be consistent with the Allowed Intensity■ 60 triWacre Plan,a development should not exceed RS Al waled Intensity- 106 trt %Va ae orated Intersty. It Is consistent r remains In its krmedste Intended use. May be kxprYist .t r expands. x site Plan Control, Strd property some condtions arc krposeci,txm ever, development contrd within 1,600 feet of no site plan submittal. existing law de&iy residendal areas. x Traffk Design Amess shauid be provided to ensure that nxA-famnyor non-regdentiat uses have access to conedors or larger aitrials with no dred amen through residential streets. x Open Space. SuMdent green spas, feaeatlonal fadiities and dN*fslty of parks are provided x Pubuc Participation. input Into planning by neighborhood assodatiors and t coundis s erxauraged. % Land the Dlvuealty, Non-res*nW and muib fanny developrnent h encourattd to a nmlted degree, x Ma.tufal.lured Housing, This fon of Vngie family housing may be compatible with developments In the tow Intensity areas subject to conditions. N/A f, Strip Con merrdal, Any form of A mnrynuous step comrnerdal is strongly cPxwaged In/or near tow Intensity snout, x New* 14. ENCLOSURE 4 1998 Denton Plan Policies Analysis I The 1998 Denton Plan (DP)Is to be used in conjunction with the 1988 Denton Development Plan In evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed development to b.)generally 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 CATEGORY POLICY Inconsistent Consistent Transportation. Corms meets Denton's Lonq Range Thoroughfare Plan. a n Roman Arcess Management Practices optimizes operation for emergency service providers and other public service providers. +' Promotes public tramportation system. CcrVWes to the Denton Trails network. Stormwater Drainage. Protects Myear Aaodplaln areas In acvxdance with + , ' Centon's watershed management plans rktikti >t Conforms to oval summslon regulations, ` 'I'. $y X ' Contributes to regfonel detentlon WHIRS. Prov'de5 rot naturat rlparlan environment slop I"Itialn Upgrades existing substandard drainage systems as IMll and redcrveiopmernt omr. Water and Develops and maintains property and private Wastewater, Infrastructure. Creates apportunity for oversizing water and wastewater Ilm to meet future developrnenl demands. Prov!des renew of proposed water and wastewater Infrastnxture to emore public safety and health. Prorotes inrl Improvements over new line teeni ons. I '"r-y„ F,.v, ,f Elcctrie, Rohdes underground electric service rat new resldentlal `. j "'�+ and nonresidenttat Qevelopnrnt, 1.01A, I� Solid waste. Promotes efficient acem to all development for sdld waste service delivery. '+ , Ii Z.. x Parks and Recreation. locates parks and recreation fadlibes In aocardan.,xith the Parks and Recreation Strategic Plan Enhances parks and maeatlon opportunities for residents. Preserves floodiaain for parks and open spas to aid In Moodplaln conservation efrorts. <. r Allows combining or parks with other pubtk fadhbes to - achleve cost efrecUve delivivery or public serve[m. _ Residential development should dedcate land or fees R y;e K h, - lieu cif land for nelghtorhoad parka, s.` Envlronmuntal Quality. Promotes preservatlon of natural resources. Integrates envlronmerdal protection with economic owth end commup+ N oPnen t de+e , x +I rdena.,x 15. wwr.rr a , u 1998 Denton Plan Policles Analysis (continued) Denton Plan Polley Analysts Summary Development Rating vs, Pollcy CATEGORY POLICY InaorofNent Wo iaa. Caroktnt Wghbort oeh, �noceas W c and mvkv*y faMes fa Eneaurapet a ftft n of rand um tMt bwmM reatderda, x prMecb and preoervee Odd%neloftftoda, _ an�,wtn bkye.and pedeeblan trafM1c wlthtn and be�ween nelphbortaoda to red,xa vMVadar tripe. x MeuNn4, pro+ldee a nnpe d h 40 h�a that appeal ro&NOing ecanarnk and kidhAdu W�ahlas oven a ve lety a atn�hrhmhy bl Mna,bulldog Meal, arb ranges, Reeerwn e,detlnp houM k,dudrp aflaaaNe ha,M , lrweaw NJV1 fawkg . Eeawmlc cbnbww to a*"end&Awed bal ecanony by DnrwMe 0& ki mong ampbMW A and opr4m the tae bane x t7overN"W& Encoungea htergovemmnW aor&utbn to pro Ode tnet efred W pubac feMtee. Man Nwe". Wam w wrw*appeeruka kt a oornprehenalve rtunnv. tfh"fke edAedurN epp"Wo Of Not OWMA rent, Nelghbo hood MR development O&M be caroatlbta Wth edatkp tend uxs and hmnge Protean and prefeNa DenA%ardeted",cWMN and rattoraf reeourai Me"Ne appema Nap M)or a trtntewoft NOW%the preseNstm a bees and wwom tog. x public Imrolvemenb Provides an oppo LMy ra pubke opinbn n0 the plammIrg proasa x r Nkname ' 16. i i 0 i i i ENCLOSURE 5 NORTH Z-99-032 (LIBERTY CHRISTIAN SCHOOL) SITE r � 62 �. INNNNN- i 1 EXISTING UTILITIES MAP Mi # hydrants i -- -- Water Line (W. L.) - — Sewer Llne (S. L.) ' ' A x Agenda Date: May 12, 1000 Scale: None' 17. 0 ENCLOSURE 6 NORTH Z-99-032 LIBERTY CHRISTIAN SCHOOL) SITE LI A — MF-2 0(c) IT P A J LI TJ 14F ETJ A A A ZONING MAP i Agenda Date: May 12, 1992 Stole: None 18. u ENCLOSURE 7 NORTH 2.99-032 (LIBERTY CHRISTIAN SCHOOL) SITE . � I ■ 600 F F E 1 200.500 FOOT NOTICE MAP wl Agenda dale: May 12l 1000 Scale: None' 19, , • i G ENCLOSURE a . . if Prohibited Uses Z49-032 ,r community tlnit Development Dorndlory, 96ardiad or Roomtno Housd ,140101 or Motel Art Gallery or Maeeun Communly Center(Pbblk) .Halfway House NOV',%I(Generel Ac+de Care) HoepHaf(Chronlo core) Public Library Nnreln$Home or Reeldence Nome for Abed Schooj, euslaeee or Treule ,t;omwunity Ceatat(Prlvete) Off street Remote Parkln/ Sewap Peopind•tatlon. Teleppoue, 9wtaea OHloe Swim or Tombla club fl O"s Prote,tieloael and Adnlntstrall" 'Studio for P1101104repher, Musician,AHIst or Ifoom Animal clinic or f10e0I141(No outside rvae'or pea.) Perm or Ranoh Cemetery or Mausoleum Fraternky, Sorority, f nd/e or t-Mo dab HOmd for Care of Alcoholic, Namotlo or Paychf&W pad" Pubtio 9undlnill,Shop,Yard of Lnoal, Bute,or re4m fiownwoM Radio and/or Television MkmwaVe Power water TMatmerd Plant Almon lading I,Wd or Heliport Commeitial Pn*1,4[At w#Iroctnre Caletell■ Mortnaty or Furenl pall or Scliphihe or BAeearch LAbonlotlu '. � I 20, c� u ENCLOSURE 9 Permitted Uses-Z-99-032 One Family Dwelling Restricted Church or Rectory College or University or Private School Day Nursery or Kindergarten School Group Homes Institutions of Religious or Philanthropic Nature Monastery or Convent Park, Playground or Public Community Center School, Private Primary or Secondary School, Public or denominational Accessory Building Electrical Substation Electrical Transmission Line Temporary Fleld or Construction O'flce (Subject to Approval and Control by Building Inspector) Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station Home Occupation ON-Street Parking Incidental to Main Use Private Swimming Pool 'Telephone Line and Exchange Switching or Relay Station , Water Reservoir, Water Pumping Station or Well Country Club (Private)with Golf Course Public Golf Course Public Park or Playground Public Play field or Stadium Railroad Track or Right of Way { r 21. l ATTACHMENT 2 Page 255 I MIt EOWARM: Etom the City or Denton s t vt hyd for several years Is dealing with the 2 topography,there's probably two to three acres that 2 fatrgrotmds, The fairgrounds has been there over 50 3 will drain Into Pt krus Page Rood and going tcwar&the 3 yearn and most or those homes were not there before the 4 east. We've got a r.ry small portion,basically what 4 fairgrounds were built. And yet every Year we hrm 3 falls in Pockrus Road will drain along Pocknts Road to 5 constant complaints and those people knew the grounds 6 the weM. The majority of the property drains pretty 6 earn them when they moved in. So 1 understand what 7 much to a low Spot and it Is primarily discit"ng onto 7 dey're talking about. 8 the Amirew Corpomtion pro"at this point. s Ms A►►Lm 1 eau just 101118 to say that 1 9 So b"Cally,our optous err to detain the 9 agree with Commissioner Powell, to water on site so the wr don't increrx the rurtoff Of 10 MIL ENaEt BaECHT; Any other commen97 I I get a kuter of permltdon ;ran the downstream owns I I MIL IuSHEU This seems like a logical Spot 12 And,basically, if we can keep our water*Tinted from 12 to be looking at trying to develop additional 13 the Andrews Industrial site water that goes Into theta I) Industrial-type development that's compatible with 14 pond of lake,l think that that's a benefit to Andrew 14 what's already In that area. I fal No Is totally IS Corporation. And wt could probably work something teat 15 inappropriate 16 on thol. That would be more beneficial to us than 16 MR MORm.. I agree with Commissioner 17 heaving up a few lots and then providing a detention 17 Rishct and Commissioner Powell, 1 don't understand hrw I e pond on site that would not eliminate our runoff from Is In the weld you could ever market a home next door to a 19 going into their pond. So i think there are tome 19 notry,over-lit business. 1 just don't we It. 20 positive tradeoffs for both end,id, 20 MR.ENaLLeR OM You buy during the day. 21 MK ENOLLnRaT7r Thank you. Any OM 21 MR.taWELL: On Sunday. 23 questions? Okay, 71hank you. In that case,the public 22 Ms. mom 141 make a motion. 23 hearing Is closed Ms.Nilsson,any final staff 23 MR. ENOELBRECHTi Yes,Ms.CIOUrdit. 24 remarks? 24 MS.eouRDIE: 1'11 move to recommend denial 2S Ms.NItmm No,sir, 2S of 2.99.023. Page 2S4 Page 256 l MR,ENaetvRECU okay. Commltloncrs,any I MA f 15tiE4 second. 2 questom of MSS 2 MR I Not mtEm H's born moved and 3 7.t R.Puwt t.t: I have comments. In the 1960x, 3 seco ded to recommmd denial. Any discussion on the 4 1 poured thousands of cubic yards on Andrew's property 4 motion? All in favor raise your right hand. Mellon S of concrete 1 did It at Sit hours of the day and 5 Comes urani measly, 6 night. I an Wit you that they run a clean operation. 6 Item No, 9 on the Agenda Is to hold a 7 They're good folks and they were a good customer of mine 7 public hcadr g and make a recommerhdation to the City It but they work 24 hours. And they have forklifts waking a Council corxeming the rMoInS or 1.774 acre$from 9 24 hours in those yards and they have loud speakers. 9 Agricultural to INt'tce conditioned zoning. The subject \ 10 And if single-family development Is that close,this to property is located on the weat side of Donnie Brae, 1 I l City Is Solna to have problems forever with people that I I approximately 600 feet north of Willowwood. the 12 buy from people who build and don't ralira what they're 12 proposal Is to allow fut.rts expmision of the Liberty I) up against. It's tike people who build houses at the 13 Clvittion School. Ms. Nilsen. I will open public 14 end of runways and then complain about tae airplanes. 14 hearing, 1 S It's going to be the same thing, folks, I can tell 15 Ms.NIISSEN: iliank you Mr.Chair. As 16 you And it won't be Andrew's fault and 1 don't know If 16 mentioned this is a proposal for Liberty Christian 17 it's anybody's fault 17 School, fa 1.774 Amt This mirrors a zoning request I6 But if it happens, It's going to be a is that wu posted in AuShat Or 1998. They are looking to r 19 disaster, So at Iced at No moment I'm Inclined to 19 expand the school growls and I've been told that the 4 20 vote against it,not beaux 1 don't think Mr. Uw", 20 Immediate use would be for athletic uses bat behind the ' ( t�- c; 21 project has merit but I just think it has merit at the 31 single family type residents that does CUrrcnty exist •A 22 wrong place. Thank you. 22 on the site, Ilowever,they do anticipate using the site 2) MS.ooURDIE: Ditto, 23 possibly for other user;therefore,they would like to 24 MS.aANZLR: Yeah. I was just going to kind 24 have the proper zoning In plea, 25 of Sara with that and to with••an experience tut 25 In k eonststtnt with the 1988 Denton PLANNING AND ZONING COMMISSION MAY 12k 1999 Page 253- Page 256 22. c Condonsolty" Page 2S7 Page 239 1 fiewelopment Plan and staff finds it generally oonstdcat I simply asklnS that this rezoning be the similar zonhis 2 with the 1998 Pion and Policies. Trip generation, 2 that was granted last August,and I Suess about a year 3 elementary and soco,odary schools,we typically Write 3 and a half before that. We will 0041rily comply with 4 one to two trips per day per"nt, Expansion or the 4 all the recommendations that staff hu made. And 1 S school rac+lion could possibly Increase additional 3 think if you've been by our plea,you will note that we 6 trips on Bonnie Brae. The average dully"Me In 1987 6 are very,very good neighbor arid went to work with our 7 on Bounle Way was 1,411 count and an arterial road is 7 neighbors. I'll be Sled to answer any questions. t 8 expected to handle many tithes this amount of traffic. a MR.ENOELBRECHT: Any queSlionS, 9 Due to roocnt planning of their past roning 9 Commissioners? Mr, Powell. to case,they has a extended their sidewalk to that property 10 Nix Powri t: Just ore,air, 1 want to i I I and a condition of staff would be to exteod the sidewalk 11 confirm that you've road and undcnund the conditions 12 all the way on the subject property due to the rad that 12 recommended by staff, 13 that property Is already platted,ao It wouldn't be 13 MR,OAILEY: Yes,air,l have. 14 triggered unless they replotted it, 14 MR, POWELL: And agree with tftem? I S Proper notice was published in the Denton I S MR.aAILEY: Yes, sit, i6 Record-Chronicle on May 2nd and 1 have hat rcaived any 16 MR.POWELL: Think you. 17 responses to this proposal. And the applicmt elected I7 MR,ENJFLBRECHT: Commissioners, any odV i s not to have a neighborhood mating,elting that they 18 questions? Mr. Moreno. 19 have an excellent reloHonaMp with surrounding 19 MR.MORrdNO. Briefly, It seems like 1 20 nrlghbors and they didn't anticipate any problems, 20 recall that there was a private residera kind of In the 21 As mentiorkA staff rinds it corulatcnl with 21 trdddl;of that complex. Is that gone or bought or Is it 22 both plans and we do suggest placing the same conditions 23 still there? 23 on the propero.y that were opposed on the toning ease In 23 MR.oAuy: Yes,sit, We bought that and 24 1998, And I'll read those conditions. One,the uses ^ 24 then that rezoning Isal August took care of Owl,also. 23 and described In Enclosure A••shall be prohibited from 2S So we're all one complete unit with the txeeptlon or Page 258 Page 260 I the roning classification and Iand use designation. I this 1.774 acres. 2 Two,a buffer yard or not less than to feet,the width 2 MR.Fru0ELaaECHn okay, Any other 3 shall be maintained along the sourhem boundary to 3 questions? 4 Include a set Id scroen or not less than six feet and 4 M1L n1SHEU is there A specific Use you'm s four trccs from the large and medium are tree list from S anticipating for this? 6 the City's landscape Ordinance for every 100 reef of 6 MR.oAuy: No,sly. Not really. We're 7 boundary and four tnrs from the small six true list 7 beginning now- we Anally have a contiguous piece that e from the City's iandwapo Ordinance for every 100 fort s we can begin a rive-year plan rot,but we have not 9 of boundary. 9 decided on exactly the long-range tae of It, We wilt, 1 10 The lighting nn the property shill be to in fact,though,use it for school grounds In some form I I dcs!gncd and malnulined so as not to shine or dkrwise I I or another. 12 disturb surrounding resldmttal property or to shine and 12 MR Risflru Thank you. 13 project upward to present the dirfwlon to the night 13 M0.ENOEISRECHT: is there anyone present 14 sky. And, tour,the exirting sidewalk along Bonnie Brae 14 that would like to seek In favor of this pelidon? 15 shall be extended across the entln frontage of tk 15 Anyone preiv.,A to speak In favor of the petition? In to subject parcel, Tbererore,staff does re ommend 16 that caw,Is there anyone present to speak in 17 approval of 7.•99.032. 17 apposition to the pcgtlonl Anyone present to speak In Is xlR LNartjikwrr: Commissiorem any is opposition? Seeing no opposition,rebuttal Is waived 19 qucstlmn for staff? Thank you. 1s de petitioner or 19 The public hearing Is closed. Mo. Nissen,any Anal ' A 20 petitloner's repxxntative present? 20 staff remarks? 'here appear o be none. Commissioners, t: 21 MR.CAKEY: my name is Dart Osilcy. 1 live 21 any cotnrteuts or a motion? 22 at 33v 7 Shadow?nil, I serve ask business manager 22 Ms.Arri a I'd like to move to recoinimend 21 for Liberty Christian School. In the Interest of time, 23 approval of 2.99.031 with tie conditions as outlined by ` 24 1 think%hen we all go hero at S:30 we weren't planning 24 staff. u this late time. I might}od say that wY are jUSI 23 Ms aA n: weed. PLANNING AND ZONING COMMISSION MAY 12s 1499 Pegs 237•Page 261 23. , c t. I Condo 6,I,rA Page 261 Page 263 1 Mx.ENut sRPCHT, Ws been moved and I pattern already existing in the aces. Also daft looked ' 2 seconded to recommend approval with the conditions t n not so much the 1986 Denton Development Plan because r. 3 outlined by staff, Any discussion on the motion? All 3 this area has developed quite differently than it should 4 In favor ralse your right hand. Motion tarries 4 have developed since most of these were existing uses S unanimously. S prior to their annexation. So staff poked more at the 6 Item I o of the Agenda is to hold a public 6 1998 Denton Plan,as well as the 1999 Growth Management 7 hearing and consider making a recommendation to the City 7 Plan and Stratglcs and found it to be consistent if we 6 Council conocming the rezoning of 2.39 tetra from I place some conditions on the request. 9 Agricultural to Light Indwtrial, 'RI property is 9 The conditions on outlined in the Italy to located on the northeast coma of Maybill Road and 10 report. The conditions involve IntcrMity and lighting. I I McKinney Stmt. The proposal is to permit the 1I Staff rata that by placing a Maximo n density on the I2 operation of is commercial business. And Mr.Recd is 12 property so that the amount of traffic that is i S going to provide the staff report, 12 generated,the potential traffic that Is generated fnnn 14 Mt. REED: Thank yob Chairman Eogtlbrechl. 14 this use is capped. Presently,there Is a 16,000-plus IS I'd like to at this time,before beginning my IS sgvare foot structure on thus property. With staff's 15 presentation,Just hand out two responses that f 16 recommendatiot of,5 to l floor to am rule,this 17 recelvoci after the staff report was written. You will 17 would allow the developer to add approximtuoly 52,000, 18 rind one in opposition and one In support and 1 will 11 or excum;nc iS,Oo0•.36,000 square fat Excuse me 19 point that out on the notification map In the 19 for my sdjustmcnt,there,but 36,000 square fat more 20 presentation. 2r than what is presently there, 3I The subject property as shown on the 21 Furthermore,lighting should••a condition 22 vicinity map is In the eastern port of town on the north 22 on the lighting,the standard lighting condition is 23 side of McKinney at Mayhilt. the area is presently 23 proposed, And because it's a long evening,l think I'm 24 developed with light industrial and manufacturing,and 24 going to ooncl jde that and ask if you have any 15 comnerciai uses located on throe cornea Including the 2S questions. Page 262 Page 264 1 subject property,which was annexed into the City in 1 MR.ENGELBRECIIT: CommiSSienMS. Mt, 2 1983 and In 1989. It was annexed in portions. The City 2 Powell. S annexed a portion along the 250-root wide strip on each 3 MR.POwELL: Mt. Reed, Isn't this the old 4 side of McKinney all the way down 1-3 the school and 4 Dr. Pepper plant there? Before your time,l know1i S annexed the school site In 1983. 114 remaining portion $ MR REED Well,Mr, Glenn,the owner to 6 was annexed in 1989. 6 here and because it is before my tune,and I dott't have 7 At that time it was already operating as a 7 that knowledge, l' , going to let him answerer that a cormrerclal busincsa and as.such has been operating as a I MR,RISHEL: Mt, Roed,when you talk about 9 legal,tw-conforming use. So dw property has been In 9 the 36,000 square foot, It's getting tote, w excuse me, 10 operation, as I said,as well u the property just to to 1 might have missed this,the owners of that building 11 the north. The property to the north.was recently I I which to now 16,000 square foot could add potentially 1 12 rezoned to a conditirned Light industrial zoning 11 imodner 36,000 for a total of 36,000 to that lot I i3 district as outlined In the staff report 12 capacity? 14 The two resportscs that 1 berried to you Just 14 MR,REED Does SOmeone have a Calculator? IS a second ago arc from••first of all,the opposition is IS Ms.RISHE.r I do. 16 from the owner of the southwest corner and the portion 16 MR.REED: 1'6 like to confirm what 1 said. 17 of that property withiln 200 foci rep.toe,to Ices than o The ratio of.51 would allow die developer to build a 11 rive percent of the total area within the 200-toot it total of$8,000 square feet So if you subtract•• r t9 butter. The response In favor fa from the property 19 MR.R1SI IELU He could triple his bullditg7 A 20 owns whom property was really rezoned to Light 10 MR. RFED Yes. You could add another 21 Industrial conditioned,located Immediately to the north 21 42,000 square feet on this property, 22 of the subject property as I'm pointing here. 11 MR.RISNELt Thank you. 23 With the men;reroning of the property to 2; MIL REED Sorry for the misinfonaatice 24 the north of th ls, dafr looked favorably upon this 24 earlier. 15 request in Iight of that,is well as the development 25 MR RISHEL, The location of the property PLANNING AND ZONING COMM -93ION MAY 12a 1999 Page 261 •Page 264 24. r u i ATTACHMENT 13. •' Prohlbited Uses x-99-032 COmeunity Unit Developoteat DormHory, Boarding or Roomlod HOU" Hotel or Motet Art 6dlery or Mussual C4mmunhy Center(Public) Hdfwsy Howe ,Hosphd General ACtite Cars) Hospital (chronic Carr) Public Library Nuraln#Nome or 1104 denoe Home for Aged Se h4 Businese at-Trada ;Comemnity Ceutst(p"4) Off Street Reacts Parking 8ewade Plwpind Station . Telepb"$,ffnslow Offtae Swim OrTsools Club Offlcw,Profeselonai and AdmInIstrattvs ' Studio for Photodraphars Muslclan,Artlil or lie" Animal clinic or N-apNw (Ni outside rmaa'ot PUN) Farm Or Ranch c4matery or Maueolsua fratenrftys Sorority, lodge or ew Gub Horrid felt Cara of AlooWlej Nam*or I%VM Mo pattsob Public Buitdinds Shop,Vanf of load,State, or Malang Qorernnrsn! , Radio and/or Television Microwave Tower Water Thahnenl Pbwrt Airport Landing Mild or Heliport Conlmsi'cfa) PuMind Lot or Stro*re ' CafeteNa Mortuary or Funeral Parlor Restau{aM . SOliktlflc or Reeeatch LaboretoH" I A c, 2s, t' c, ' rcx.ia.uieiweoaerr�aa w....aa«. ATTACHMENT 4 l ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHAI'GE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO OFFICE CONDITIONED (0(C)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.774 ACRES OF LAND LOCA'T'ED IN THE O.S. BREWSTER SURVEY (ABSTRACT 56) WEST SIDE OF BONNIE BRAE STREET APPROXIMATELY 600 FEET NORTH OF WILLOWOOD STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AN`TIT OF S2,000.00 FOR VIOLATIONS THEREOF;AND PROVIDING FOR AN EFFECTIV d DATE(Z-99.032). WIIEREAS, the Lib-srty Christian School initiated a change in zoning for 1.774 acres of land from Agricultural (A) zoning district classification and use designation to Office Conditioned (0(c))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:hat the change in zoning will be in compliance with the 1988 Denton Development Plan and the 1996 Denton Plan Policies; NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS. SECTION I. That the zoning district classification and use designation of the 1,774 acre t property described in the legal descrir+ian attached hereto and Incorporated herein as Exhibit "A" is changed from an 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, subject to the following conditions; I, Prohlbhed Uses, The uses described in Exhibit "B" shall be prohibited from the zoning classification and land use designation. " 2. Rujrer Yard. A buffer yard of not less than ten feel In width shall he maintained along the southern boundary to include: • A solid screen of not less than six (6) feet; and • Four (4) trees from fhe large ani r,iedium size tree list from the City's Landscape Ordinance for every one hundred (100) feet of boundary;and A • Four (4) trees from the small siz: tree ast from the City's Landscape Ordinance for every one hundred (100) feet of bourdary, + 1 I 26. t u 3. 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. 4. Sidewalk& The existing sidewalk along Bonnie Brae shall be extended across the entire frontage of the sabject parcel. SECTIQN It. That the City's official zoning map is amended to show the change in zoning district classification. ,SECTION III. 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 corwitute a separate and distinct offense. SECTION IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary Is hereby directed to cause the caption of this ordinance to be published twice In the Denton Record-Chronicle, a duly rn:wspaper published in the City of Denton, Texu, within ten(10)days of tho date of its passage. PASSED AND APPROVED this the day of,__ . 1499. JACK MILLER, MAYOR ATTEST; JENNIFER WALTERS,CITY SECRETARY BY: ri APPROVED AS 1'0 LEGAL FORM; HERBERT L. PROUTY, CITY ATTORNEY ��1 Q 27 . a EXHIBIT A i FIELD NOTES 1.774 ACRES BEING all that certain lot, tract, or parcel of land situated in the O.S. Brewster Survey Abstract Number 66, in the City of Denton, Denton County, Texas, being all that certaln tract of land conveyed by deed from Dwain Bean at ux toTracy J. Norwood at ux recorded under Clerk's File Number 94-80062243, Real Property Records, Denton County, Texas and being more particularly described as follows: BEGINNING I.t c,r� iron rod for corner In the west line of South Bonnie Brae, a public roadvmy, jald point being the southeast comer of Liberty Christian School Addition, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded In Cabine M, Page 37, Plat Records, Denton County, Texas; THENCE S 01.01' 27" E, 144.10 feet with said west line of said South Bonnie Brae to an Iron rod for corner, said boint being the northeast comer of that certain tract of land recorded In Volume 447, Page 220, Deed Records, Denton County, Taxes ; THENCE N 896 42' 65" W, M.73 feet to an i{cn rod for comer, THENCE S 01. 14' 00" E. 45.1 E 'get to a fence comer for corner, sold point being the northeast corner of that certain tract of land recorded In Volume 626, Page 664, Deed Records, Denton County, Texas; THENCE S 88. 14' 14" W, 249.80 feet to an Iron rod for comer In the east tine of the Atchison, Texas and Santa Fe Railroad right-of-wey; THENCE N 15. 52' 64"W. 212.03 feet with said east line of sold A.T. and S.F. RR right-of-way to an Iron rod for corner, sold point being the southwest comer of said Liberty Christian;%;hool Addition; THENCE N 89' 64, 37" E, 304.74 feet with the south line of said Liberty Christian School Addition to an Iron rod for comer; i THENCE S 00. 25'08" E. 7.76 feet with the south line of sold Liberty Christian I! School Addition to an Iron rod for corner; THENCE S 89'46' 63" E, 160.09 feet with the south Ilrs of said Libody Christian School Addition to the PLACE OF BEGINNING and containing 1.774 acres of land. 2e. r C c; r M M EXHIBIT B Prohibited Uses Z-99.032 Community unit Development Dormitory, Boarding or RoomiaQ Rook Note] or Motel Art Gallery or Museum community Center(Publlo) Ifalfwmy Halite .HospkW (General Acute Care) Hospital (Chronlo Care) Public Library .. Nursing Home or Raidenoe Rome for Aged Schoo);8ueiaeao or Trade Cc+mawnity Ceatar(Prhbde) Off Sbraet Remoto Parkin/ Sewagls Pumping Station , TakpWaq 9ainaa ofrloe Swim or Tennis Club oMat,'Profeasioaal and Administrative ' audit. for Phologropher, Mwlcian,Artist or health AnlmeI clink or Hospttdf(No outside r■mo or pans) berm or Rahoh Cemetery or Mausofeuta Fratef ty, Sororfty, lodoo or ow dub Home for Cali of Alocholle, Narootic or Payohlairk Patients Public Building, Shop, Yard of local, St" or F*JaW 0owraeeeht Radio and/or television Mkrowme Tower Water YrvatMint Plam Alrpott LmWIng Field or Hatlport Commiardal Parking tot mr Stroeturs Cafeteria Mort"or rumors] Parfor 1 .. Reetautant `` SotiutMo or Research Labormloria E i I i 29. SITE Z-99-032 • NORTH -Atd r 4, ( •° � _ _ r . � {y1te�a ° �• i �iL1 C{ ` C c; i 1 I 1 AGENDA INFORMATION SHEET AW6No, AGENDA DATE: June 13, 1999 DEPARTMENT: Planning Department ACM: David Hill, 349-7223, SUBJECT—Z-99-041: (Willow Lakes Concept Plan) Hold a public hearing and consider rezoning property generally located north of the City of Argyle, south of Johnson Road between Interstate 35W and Highway 377 from an Agricultural (A) zoning district to a Planned Development (PD) zoning district. The 508 sere property is legally described as per Attachment 3. The proposal is to develop the subject property with a maximum of 1,873 single-family dwelling units, a variety of dedicated and private parks and open space, fifteen (15) and ten (10) sae school sites and two(2) neighborhood centers. The Planning and Zoning Commission recommended approval(5-1,Powell absent) with conditions. BACKGROUND The applicant has requested to rezone this property from its temporary Agricultural (A) zoning t following its annexation to a Planned Development (PD) zone district. The property ha. Been recently annexed Into the City and is currently undeveloped. > The subject property is located in an Agricultural (A) zoning district created on June I S, 1999 at the time the subject property was annexed. > The proposed development is generally consistent with policies of the 1989 Denton Development Plan (DDP) which identifies this area as a special purpose arts to promote planned development along a major corridor and many of the 1998 Denton Plan (DP) Policies(see Attachment I —Comprehensive Plan Analysis section). > Five (S) property owners were notified of the zoning request. No responses have been received. PRIOR ACTIOMVIEW The following is a chronology of Z-99.041, commonly known as the Willow Lakes Concept Plan: Application Date— May 13, 1999 r � DRC Date(s)— May 27, 1999 and June 3, 1999 ( !At P&Z Dale— June 9, 1999 j 1. t c, I r ESTIMATED PROJECT SCHEDULE The subject property is not platted and will need to be platted prior to any development. FISCAL INFORMATION Development of this property will Increase the assessed value of the city, county, and school district. Public improvements associated with the development will be paid for by the developer. P&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval (5-1) of this zoning request with the following conditions: I. That allowed uses include those allowed by a Specific Use Permit in a One-Family Dwelling(SF-7)zone district; 2. That detached living quarters are allowed only with a Specific Use Permit; 3. That three (3) lighted signs advertising the development are deleted from the allowed uses; 4. That costs of water and fees for improvements to be constructed by Home Owners Association (HOA) are deleted from Exhibit C, but may be handled by separate Instrument between the City and Developer;and S. All signs shall be in compliance with the City of Denton sign ordinance. Finding that I. The proposed development is in compliance with both the 1998 Denton Plan Policies and i Growth Management Plan and with the entry way concepts of the 1988 Denton Development Plan. OPTIONS I. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. S. Table item. ATTACHMENTS 1. Planning and Zoning Commission Report,June 9, 1999(Z-99.041). 2. Planning and Zoning Commission minutes from June 9, 1999. (minutes not available at the time of publishing) 3. Draft Ordinance. Respectfully sub I rll �f Assistant City Manager y Director of Planning and Development Prepared y: L r'y KelAhart Development Review Manager 2. b t ATTACHMENT 1 22-0 PLANNING AND ZONING COMMISSION 0 STAFF REPORT Subiecl: Willow Lakes West(Detailed Plan) Cosa Numb; 2-99-040 $tiff: Larry Reichhert, Development Review Manager Agenda 0 Ltj: June 9, 1999 Hold a public hearing and consider making a recommendation to City Council regarding a detailed plan for a Planned Development (PD)encompassing 108.3 acres. The detailed plan proposal Is for 295 single-family dwelling units, a 15 acre school site, a neighborhood center, park land and open space. 1 r� SITE YI IV, 1 r •Mtn rJ �� LOCATION MAP Location: The property Is generally located north of the City of Argyle between Interstate 35E and John Paine Road, / r' Size: 108.3 acres 3, t. I f JO Applicant: Binary Investment, Inc. Owner Violet Properties Assoc., L.P. Mr. Don Huffines 6222 Douglas Avenue, Suite 600 8222 Douglas Avenue, Suite 600 Dallas, Texas 78225 Dallas, Texas 75225 > a Planned development zoning disidds (Pa)are Intended to provide forfhe development of land as an Integral unit for single or mixed use In accordance with a plan that may very from the established regulatiors of other zcaing districts for similar land uses. They are also meant to encourage flexible and creati we 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: (1) Provides for the deslgn of lots or building;Increased recreation.common or open space for private or public use; berms, greenbelts, trees, shrubs or other landscaping features; parking areas,street design or access; or other development plans, amenities or features that would be of 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 piacis. 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 an Is Intended to be the first step p In the PD process for larger or long term developments. It establishes the most general guidelines,Identifying the land use types, approximate thoroughfare locations wl,iln the boundaries of the district. DEVELOPMENT PLAN•This plan Is Intended to be used most often as a second step In the 1 PD process. It Includes the some Infomwtion that Is provided on the concept plan,plus details as to the specific land uses and their boundaries, DETAIL ED PLAN — This plan Is the final step in the process and Is required prior to any development. For smaller tracts or where final development plane are otherwise known prior to rezoning, the detailed plan may be used to establish the district and be the only requlred plan In the planned development process. It will contain Information 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, ' tl, t sleranx 4, C' c lit The developer Is requesting Detailed Plan approval for this 108.3 acre property to develop for 295 single-family dwelling units, a 16 sere school she, a neighborhood center, park land and open space. Staff has conducted an analysis of the proposed detail plan as it relates to the requirements for a Detail plan Identified In Section 35-176 of the code of ordinance. Below 1s a copy of the ordinance requirements In chart form. A v Indicates that the proposed detail plan has adequately addressed the required Information for a Detail Plan. Sec. 35-176. Detailed plan Information The detailed plan shall contain the followlno Information, (1) Acreage. The acreage In tape plan as shown by a survey, certified by a registered v surveyor, (2)Land uses. Permitted uses, specified In detail as determined by the department, and the acres a for each use. (3) off-site information. Adjacent or surrounding land uses, zoning, streets, drainage facilities and other existing or proposed off-site Improvements, as specified by the department, sufficient to demonstrate the relationship and compatibility of the district to the surrounding properties, uses, and facilitles. (4)Traffic and transportation. The location and size of all streets, alleys, parking lots and parking spaces, loading areas or other areas to be used for vehicular traffic; the proposed access and connection to existing or proposed streets adjacent to the district; and the traffic generated by the proposed use. (5) Buildings. The location, maximum height, and minimum setbacks for all buildings, and if v nonresidential, the maximum total floor area. (6) Residential development. The number, location, and dimensions of all the lots, the v minimum setbacks the number of dwellIna units and number of units per acre (density), (7) Water and drainage. The location of all creeks, ponds, lakes, fioodplains or other water y retention or major drainage facilities and Improvements. (8) Utilities. The location and route of all major sewer, water, or electrical lines and facilities v necessary to serve the district. E T9 rees and landscaping. The location of all protected trees and a landscaping plan as required v the ci 's landscape ordinance. (10) Open space. The approximate tocatlon and size of greenbelt, open, common, or recreation areas, the proposed use of such areas, and whether they are to be used for public or private use. (11) Screening. The location, type, and size of all fences, berms, or screening features proposed between different land uses or adjacent Eope rues. (12) Signs. Location, type, and size of all signs regulated by the city's sign ordinance 0 New* 5. C (13) Sidewalks and bike paths. Sidewalks or other improved ways for pedestrian or bicycle %0 ` (Ord. No. 91•om, § I, 2-5-91) Ila f. Transportation A. Access Access to the subject proorty Is form Crawford Road and John Paine Road, B. Road Capacity A Traffic Impact Analysis has lxson completed in support of the detailed plan and preliminary plat submittal. The VA finds that adequate capacity exists on Crawford Road, Highway 377 and 1-35W to accommodate the proposed development. C. Pedestrian Linkages As approved In the concept plan trails lodcated on residential streets shall be eight(8)feet wide. Where trails exist on one side of the street, no sldewalk Is required on the opposite side. Trails located along parks, lakes, a id open pace or between lots shall be of a width amd material (material less Intrusive and less expensive than concrete) agreed to between the Parks Department and Developer. Tralls shall lead to the neighborhood centers, schools, I l parks and open spaces. Linkages from the trail system should be connected to the proposed school sit„ . Trails Identified as "park trails”that will not be maintained by the City of Denton Parks Department should be relabeled to"pedestrian access trails"to reduce any confusion as to who is respons;dle for maintenance, 2. Utilities As part of the annexation process a utility service plan was prepared. Water will be extended to the site via Rt. 377 and sanitary sewers will be extended to the City's trunk line in Hickory Creek. 3. Drainage and Topography i New development will be required to design and construct a drainage system to city standards. I A prellminary drainage study will be req:jlred with the submisslon of a preliminary plat. The study must Include calculations of the I00•year storm for all drelnage 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. Flenak 6. F� 4. Signs As per the concept plan ordinance,with the exception of the proposed lighted 12' x 38' sign along the western portion of Lot 96, Block A (15 acre proposed parkland)which exceeds the sign ordinance requirements. In addition, a private sign cannot be located on park land. Staff recommends that that sign be removed. 5. Landscaping This property will have to comply with the new Landscape Code, which requlres fifteen (15) trees per acre and twenty(20)percent of all surfaces to remain pervious (plantabte area), with each lot planting at least on(1)4" tree measured 36"above the ground In the planting area between the sidewalk and the street.. 6. Open Space This development will be required to participate in the development of public recreational areas. Through the Park Dedication Ordinance (98-439), this development will contribute to park land dedication and park development fees. Dedication requirements are required during the platting process. Park development fees are required prior to the Issuance of building permits. The applicant has proposed to dedicate Lot 96, Block A (15 acres located along the western portion of the site)as parkland, Prior to dedication a wetland delineation will need to be oonducted by the applicant and submitted to the parks department for review to determine the usability of that land for a public park. The concept plan Identifies the northeast portion of this site as open space, and the detailed plan Identifies the open space as two tots(Lot a 1 &2, Block A). Lot 2 Is proposed to be dedicated as parkland, to be maintained by the city parks department while lot 1 Is proposed to be malntalned by a homeowners association Separate owners for each parcel may create a management problem. The perception may to that the City Parks Department is responsible for maintenance and management of both parcels. Staff recommends that both parcels be combined Into one and either dedicated to the city as parkland or owned and maintained by the homeowners association. T. Environmental Quality Impacts No negative environmental Impacts hay„ been Identified. January 14, 1969--The subject Is proceeding with an Involuntary annexation, and PD Concept approval on the entire 608 acre Willow Lakes development,of which Willow Lakes West is the first section being developed. The subject property Is not platted and would need to be platted prior to any development. / - 7, r U Fm;m Notice of the zoning request was published In the Denton Record-Chronlcle on Sunday May 30, 1999. Fbe(5)property owners were notified of the request on May 29, 1999. As of this writing, there have been no responses A neighborhood meeting Is being scheduled for June 10, 1999. The proposed Detailed Plan is in compliance with the Concept Plan and meets all the requirements for a Detail plan as identified in Section 35-176 of the code of ordinance, therefore, staff recommends approval of Z-99-440 with the following conditions: 1. The proposed 12'x38' sign be removed from the plan. 2. Lots 1 and 2 of Block A be combined Into one lot. 3. Prior to dedication,the applicant undertake a wetland delineation on lot 96 8locic A for review by the City of Denton Parks Department to determine the usability of sold lot for a Public park. 4. Pedestrian linkages botween the openspece system and the school site be developed. ( I move to recommend approval of Z-99.040, 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial 4. Postpone consideration. 6. Table Item. I. Vicinity Map. 2. zoning Map. 3. 200' Property Owner Notification Map. 4. Denton Mobility Map 6. Site Plans. 6. Draft Ordinance f � f Or\ c Filename 8. r c� ENCLOSURE 1 Z-99-040 (Willow Lakes Detailed Plan) NORTH SITE of Don n Orman aTJ of city ora�yr. VICINITY MAP A,, l d Agenda Deb, June 9, 1999 9• Scale: gone ENCLOSURE Z Z-99.04 0 (Willow Lakes) NORTH �V , PC IGntonE7J / �I / /o►riwN w �•,/ of eP•te / PC / oft v IT `�l yY f City o/A/pyle J , ZONING MAP Agenda bate: June A, 1999 Sale; None 10. . s . r � c u i ENCLOSURE 3 Z-99-040 (Willow takes) NORTH XWOON RD ' ro.nroner� Q" CONCCEEPyT PLAN 84TE 1 City olArgyb ' I NOTIFICATION MAP , r A � Ir� S jj Agenda Dole: June 0, J990 kill None i ' aI . I I It I ENCLOSURE I Z-99.040 (Willow Lakes) NORTH FFC y of Pen n y orDrntonl7J " I JOHNSON no C NY of B„ i CONCEPT PLAN SITE bM��1�rY�, i.".�✓M1it�Y��lii. i�a 1b Abp .- '." ' ' Cfty olArdyly DENTON MOBILITY PLAN MAP •"•• • "•".• •• • Future Collector -- -- — Primary Mejor Arterials - -- — -• -• •- Secondary Major Arterials r Agenda note; Juno 9, 19999 lloilc None 12. ' 1.ISlwMrt lx __ ANnhlx � ® I' :..yN•N�sx -Iti. wNrr � FtT ' _ ♦lr r-lr' •�.. -s-.. r m1 r.na1 ' I?,' _ . !I: f wN f } r •_� '�' I r I _ � � � ��' rr \\��_ ..I.�� .,'C�r f VICINITY MAP N.T.S. Sh, r A n r1 ^ ri n N _ 11 'I I! •� •Y 1 �'�! . .._� F+ nmura r _ 1 / r _ - , � x �. �. � �^ t C.t(,�x \ 'J'^" 1r ', •nZ,TN.r n , V 11• 1 t x.r 1 ` tip. w �� • A +^[r I�Mru O r• 11 . w m ^ u r N . "' ti r ♦ "Y� � x � 1 A � • ' ' r I ¢y••I. �J g _ LM t •1. . � n� 11 r I if \ " \ ' ^ .» f.� �x-1 lIYx 10'r�YI{w�� f p two, wn.n r.r Ti 1 S' r, ,n �` 1 p� 1 ^ n I f y " ='r - YVILLOW LAKES ty ,. 'k 1r,, :'_ " ^ - WEST r I C . 1 1 ^ 1 r` _ " x Ili r• r Rr, n C wrk I — �r i 1/� • r a a• +..• ^ I suu� sal A l u, 21 6 r 'r�" wn nawlut it wtt% p. Nvxatl y�, .�` 1VI. 1 —�-• .» � � 11 � - My WAY• �f� � j,r t 1. �1 y Srl ►�1 � � ,.S f ! JI ` "..r J... �� � �-u�+� Y IMN6 �-"y Y _._.. ._..�__:_ ' IIJ.��• 1` r1�1l Ir J+\ ��.jj�! � 1' Y\IM I.Y �, l�2�r• 44 1� 4 I ( Ko " VICO..4ITY MAP KYA. %� r� f.y YY YI.�YrI.lM M�I•lw ly Y wMA �� I I■I.m. N 1 A . • ~ � ISw.LIw R�7r� � / �yY � �• / / '71 YIIW 101. • . • • .u1fIlRJINI �.�M ,Yif�PC fi�R�w IJI ,�� ,Yi'IZl9�l�L ars�urwalru rr WILLOW� 5 T A K E S •� • '� v tprAleu�t aerna .0 , .I.A,1..., .I.,....If.Y.....! (, �� �w��.•wr r�v 1 1111 r Ilrr«r 1rMN"11pN1 0014L V. 1 •ILLIL�LIIIpyy,�Lp/Ii6Nr'1a rn £�r• I 1 •• �1�'J14/•• Gii •�tiM�•�Vrlr rr ��rr! /wJ.w wY U.•..�M YIN AYYW ��+.�..• i< c I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY DESIGNATING A PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR RUI ACRES OF LAND GENERALLY LOCATED NORTH OF THE CITY OF ARGYLE, SOUTH OF JOHNSON ROAD BETWEEN INTERSTATE 35E AND HIGHWAY 377; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE, (Z-99-041) WHEREAS,Binary Investment, Inc. on behalf of Violet Properties, L.P. has applied for zoning 502.88 acres of land as a Planned development(PD)zoning district classification and use dcsignation; and WHEREAS, on June 9, 1999, the Planning and Zoning Commission recommended approval of the requested zoning;and WHEREAS, the City Council finds that 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 I. District Egtablished. That the 502.88 acres of land described in the legal description attached hereto and incorporated herein as Exhibit "A" is zoned Planned Development (PD) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton,Texas. Y SECTION Ih Concept Plan. That Exhibit"B", attached hereto and incorporated into this ordinance by reference, Is approved as the Concept Plan for the district. Land uses, open space i and public facilities authorized or squired for the district shall be located generally at designated on the concept plan and shall be subject to the standards and conditions set forth In this ordinance, If designated sites for public buildings are not donated to or acga,red by the appropriate governmental entity, such sites may be used for one-family dwellings subject to the standards and conditions set forth In this ordinance. SECTION ly. LA11d Use ii. That the following land uses see authorizal W19n the district: (1) one-family dwellings detached,not to exceed a gross density of 3.72 snits per acre; providod, however, that the land area used in such crdculation shall bu net of the area of any school site that is to be dedicated to or {i acquired by a school dist !ct (2) uses accessory to one-family dwellings r v 't (3) it maximum of three temporary signs advertising the development, subject to conditions set forth In section VI (4) other signs conforming to City of Denton sign ordinance (6) home office as accessory use (7) public schools and other govemment buildings, structures and facilities (8) parks and recreational facilities, Including trails, subject to conditions set forth in section VI (9) detached living quarters, and any use ailowod in a One-Family Dwelling Unit (SP-7) District by Specific Use Permit, subject to standards and procedures set forth In sections 33.106 to 35.113 Inclusive, of the zoning ordinance SECTION IV, Lot Size Mix. That, consistent with the density limitations set forth in section 2, the following mix of lot sizes is authorized within the district (1) at least 150 lots 8,400 sq. A. or greater In size; (2) at least 600 lots between 7,000 sq, A. and 8400 sq. ft in size (3) no more than 1125 lots between $,500 sq. R and 7000 sq. R in size, SECTION V Development Standards. That one-family dwellings within the district j are subject to the following development standards by lot size: Min Lot Size 8,400sf 7,000if 5,500$f Min Lot Width: 70' 60' $V Min Lot Depth; 110' 105' 103' MiL% Bldg Coverage: 50% SO% 5OIA Optn Space per Lon 20% 20"/„ 2Wa Front yard set-back: 23' 2Q' 20' Rev yard set-back: 20' Is' IV Side yard set-back: 7' s' s' IAO132 I C' . . r h.rw. ebwHAlwo,I,Bpw�. Max Height: 36' 36' 36' Enclosed Garages:* 2 car 2 car 2 car Masonry requirement:** 80% 800/9 800/9 * Attached or detached, cannot extend in front of house. Must be flush or recessed from front facade. ** 80% of the surface area of all exterior walls "eluding dormers, gables, porches, windows, doors, and bay windows. Masonry includes brick, stone, stucco, dryvut, hardy plank or I! other concrete product, SECTION Vl. Standards 3nolicable to Particular Uses. That the following additional standards apply to particular uses Authorized within the district: (1) Temporary Signs. Temporary signs shall not exceed a height of 40 feet, not dimensions of 10 feet by 2$ feet in area. Advertising may be placed only on one face of each such sign. Signs shall be illuminated do%mward. One sign shall be removed S years from the effective date of this ordinance and each S years thereafter. (2) hails, Design of park trails and urban trails shall be differentiated in accordance with the Concept Plan. Trails located on residential streets shall be 8 feet wide. Where a residential trail exists on one side of a street, no sidewalk is required on the opposite side, Traits located along parks, lakes and open space or between lots shall be of a width and material agreed to between the City Parks Department and the Property Owner. Materials must be less intrusive and less expensive than concrete. Trails shall lead to th,, neighborhood centers, schools, parks and open spaces designated in the Concept Plan, (3) Miscellaneous uses. All mAilboxes, street tlgns and light poles shall be Chemed to match and differentiate the development. Entry features such as signage, landscaping and other signs meeting City Code may be placed in the street median, subject to plat review, SESIi41 1 LwslsPiplU. That landscaping shall be installed as required b; City ordinance, except that each lot must have at least one 4-inch caliper tree measured 36 inches above the ground in the planting arts between the sidewalk and the street. $LCJQN YW Public Facilities. That public facilities shall be installed In accordance with the follcwing standards: PAOE3 r 1 I 3 a. Perimeter collector roads shall conform to the street standards set forth in the Street% Chapter of the Draft Denton Comprehensive Plan, which is attached hereto as Exhibit C and Incorporated by reference herein. b. Trn; intemal collector road, which -vill access the school and the neigh3orhood center, will be constructed using the City's current buec( standards, except that the right-0f--way shall be 65 feet in width, there shall be two 6-foot planting areas adjacent to the curb, one side of the road shall have an 8-foot sidewalk and the other side shall have a 4-foot sidewalk, C. Internal residential streets will be built according to current street standards, exceot that there shall be a 5-foot planting area between the sidewalk and street paving. d. Some traffic circles, as described in Exhibit C, shall be utilized to reduce speed along the longer direct road . C. Alleys are not required; provided that, if alleys are used, both streets and alleys shall be built according to standards In Exhibit C for streets. (2) &do-&Uu. All sidewalks shall be S feet wide, unless otherwise In this ordinance. SECTION IX. Zoning hUg. That the City's official zoning map is amended to show the designation of this zoning district classification, SECTION X. U . That any person violating any provision of this ordinance shall, upon conviction, be tined 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 Xl, Effective Date. That this ordinance shall become effective fourteen (14) days fro.n 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 then(10) days of the date of its passage. SECTION XI I. ;eve_ rability. That the terms and provisions of this onlina .-e shall be a deemed to be severable cued irthe validity of any section, subsection, sentence, clause or phrase < <" of this ordinance should be declared to be invalid, the saute shall not affect the validity of any other section, subsection,sentence,clause or phrase of this ordinance. PAGE U PASSED AND APPROVED this the day of 11999, JACK MILLER,MAYOR ATTEST: IENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L.PROUTY, CITY ATTORNEY BY: ,� t� , 1 1 F i ` PAGES J t LEGAL DESCRIPTION 502.880 ACRES BEING A 502.880 ACRE TRACT OF LAND SITUATED W THE WILLIAM SMITH SURVEY,ABSTRACT NO, 1182 AND 1187,THE MARY SMITH SURVEY,ABSTRACT NO. 1181,THE SPENCER GRAHAM SURVEY,ABSTRACT NO.468,THE B.B.B.do C.R.R. SURVEY,ABSTRACT NO. 158,AND THE E.PIT.ANO SURVEY,ABSTRACT NO.994, DENTON COUNTY,TEXAS AND BEING PART OF TF:ACT I CONVEYED BY DEED TO VIOLET PROPERTIES ASSOCIATES, L.P,,RECORDFD IN COUNTY CLERK'S FILE NO. 98.019205,REAL PROPERTY RECORDS,DENTON COUNTY,TEXAS. SAID 502,880 ACRE TRACT, WITH BEARING BASIS BEING THE MOST EASTERLY LINE OF SAID TRACT 1,BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2" IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID TRACT 1, SAID POINT BEING ON TIIE SOUTHEAST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35-W(A VARIABLE WIDTH RIOHT-OF-WAY); THENCE,DEPARTING SAIn SOUTHEAST RIGHT-OF-WAY,ALONG ThE COMMON LINE OF AFORESAID TRAL7 I AND THE SOUTH LINE OF TRACT II CONVEYED BY SAID DEED TO HILLWOODlMcCUTCHIN,LTD, RECORDED IN VOLUME 2470,PAGE 678,DEED RECORDS, DENTON COUNTY,TEXAS,THE FOLLOWING THREE COURSES AND DISTANCES; SOUTH 89 DEGREES 57 MINUTES 58 SECONDS EAST,A DISTANCE OF 274,15 FEET TO A 112" IRON ROD FOUND FUR CORNER; SOUTH 00 DEGREES 27 MIN1ITES 57 SECONDS WE,4T,A DISTANCE OF 497,64 FEET TO A i n" 1 RON ROD FOUND FOR CORNER; NORTH 89 DEGREES $8 MINUTES 18 SECONDS EAST,A DISTANCE OF 2290.42 FEET TO A 1/2" 1RON ROD FOUND FOR CORNER IN JOHN PAINE ROAD(A VARIABLE WID1 it PRESCRIPTIVE RIGHT-OF-WAY); THENCE NOR71100 DEGREES 06 MINUTES 45 SECONDS WEST,WITH THE GENERAL DIRECTION OF)OHN PAINE ROAD,ALONG THE WEST LINE OF SAID TRACT 1, AND THE EAST LINE OF SAID HiLLWOOD,"AAcCUiCHIN,LTD TRACT 11,A DISTANCE OF 3640.35 FEET TO A U2"IRON ROD FOUND AT THE INTERSECTION OF SAID JOgN PAn1E ROAD AND JOHNSON ROAD(A VARIABLE WIDTH PRESCRIPTIVE RIGHT- OF WAY),FROM WHICH A 60D NAIL BEAKS NORM 36 DEGREES 41 MINUTES 03 SECONDS WEST,A DISTANCE OF 9.38 FEET; r' I MMW=WL"120N0MDATA0DrMJN3 May 21,Im 17. t THENCE NORTH 89 DEGREES 44 MINUTES 44 SECONDS EAST,WITH THE GENERAL DIRECTION OF JOHNSON ROAD,ALONG THE NOS TAI LINE OF SAID TRACT 1,THE NORTHERNMOST SOUTH LINE OF SAID HILLWOO.)/McCUTCFBN,LTD TRACT 11, AND THE SOUTH LINE OF A TRACT OF LAND CONVfs1",.D BY DEED TO ALBERT R. HUGHES,RECORDED IN VOLUME 3129,PAGE 752,DEED RECORDS,DENTON COUNTY,TEXAS,A DISTANCE OF 3083.72 FEET TO A IR" IRON ROD FOUND AT THE NORTHEAST CORNER OF SAID TRACT 1,AND TI fE NORTHWEST CORNER OF A TRACT OF LAND CONVEYED BY DEED TO L.Z. BROWN,RECORDED IN VOLUME 290,PAGE 382,DEED RECORDS, DENTON COUNTY,97EXAS; THENCE SOUTH 00 DEGREES 28 MINUTES 34 SECONDS WEST,ALONG THE EAST LINE OF SAID TRACT I AND THE WEST LINE OF SAID BROWN TRACT,A DISTANCE OF 2769.75 FEET TO A 518" IRON ROD FOUND AT THE SOUTHWEST CORNER OF SAID BROWN TRACT AND THE NORTHEASTERLY INTERIOR ELL CORNER OF SAID TRACT 1; THENCE SOUTH 88 DEGREES 19 MINUTES 00 SECONDS EAST,ALONG THE COMMON LINE OF SAID TRACT I AND THE SOUTH LINE OF SAID BROWN TRACT,A DISTANCE OF 2347.45 FEET TO A 1/2" IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID TRACT I AND THE SOUTHEAST CORNER OF SAID BROWN TRACT,SAID POINT LYING ON THE WEST LINE OF A TRACT OF LAND CONVEYED BY DEED TO WILLIAM T. SMITH AND WIFE,NONA SMITH, RECORDED IN VOLUME 284,PAGE 187, DEED RECORDS,DENTON COUNTY,TEXAS; THENCE SOUTH 00 DEGREES 32 MINUTES 58 SECONDS WEST,ALONG THE COMMON LINE OF SAID TRACT 1 AND SAID SMITH TRACT,A DISTANCE OF 148.29 FEET TO A 2" IRON PIPE FOUND IN THE NORTHWEST RIGHT-OF-WAY OF LINE OF AFORESAID TEXAS AND PACIFIC RAILROAD(A 100 FOOT RIGHT-OF-WAY); 1 THENCE SOUTH 27 DEGREES 34 MINUTES 34 SECONDS WEST(BEARING BASIS), ALONG SAID NORTHWEST RIGHT-OF-WAY,A DISTANCE OF 1746.79 FEET TO A POINT FOR CORNER, SAID POINT LYING ON THE NORTH LINE OF CITY LIMITS FOR THE CITY OF ARGYLE AS DESCRIBED IN VOLUME 794,PAGE 388,DEED RECORDS, DENTON COUNTY,TEXAS; THENCE NORTH 89 DEGREES 48 MINUTES 30 SECONDS WFST,OVER AND ACROSS SAID TRACT I AND ALONG SAID NORTH LINE OF THE CITY OF ARGYLE,PASSING AT A DISTANCE OF 4584.09 FEET THE NORTHERLY NORTHWEST CORNER OF SMD CITY OF AROYLE AND CONTINUING IN ALL A TOTAL DISTANCE OF 4609.09 TO A POINT FOR CORNER IN WEST LINE OF AFORESAID JOHN PAINE ROAD AM)BEING 25 FEET EAST OF THE WEST LINE OF THE CITY OF LIMITS OF,THE CITY 0-': i ARGYLE AS DESCRIBED IN SAID INSTRUMENT; Mg 21.1999 f6. r i c c I 1 THENCE SOUTH 00 DEGREES 08 MINUTES 54 SECONDS EAST,WITH SAID WEST LINE OF JOHN PAINE ROAD AND 25 FEET WEST OF AND PARALLEL.TO THE SAID WEST LINE OF THE CITY LIMITS OF THE CITY OF ARGYLE,A DISTANCE OF 767.10 FEET TO A POINT FOR CORNER, SAID POINT LYING 25 FEET NORTH OF THE NORTH LINE OF THE SAID CITY LIMITS OF THE CITY OF ARGYLE AS DESCRIBED IN SAID INSTRUMENT; THENCE SOUTH 89 DEGREES 57 MINUTES 52 SECONDS WEST, WITH THE NORTHERLY LINE OF CRAWFORD ROAD(A VARIABLE WIDTH PRESCRIPTIVE RIGHT-OF-WAY)AND 25 FEET NOR'T'H OF AND PARALLEL TO THE NORTH LINE OF THE SAID CITY LIMITS OF THE CITY OF ARGYLE AS DESCRIBED IN SAID INSTRUMENT,A DISTANCE OF 2350.87 TO A POINT FOR CORNER IN THE EAST LINE OF A TRACT OF LAND CONVEYED BY DEED TO JOE T.SIMPSON AND SPOUSE, BARBARA J. SIMPSON, RECORDED IN VOLUME 3097, PAGE 570,DEED RECORDS, DENTON COUNTY,TEXAS; THENCE NORTH 00 DEGREES 06 MINUTES 13 SECONDS EAST,ALONG THE WEST LINE OF SAID TRACT I AND THE EAST LINE OF SAID SIMPSON TRACT,A DISTANCE OF 372.84 FEET TO A S18"IRON ROD FOUND AT THE NORTHEAST CORNER OF SAID SIMPSON TRACT; THENCE NORTH 89 DEGREES 47 MINUTES 03 SECONDS WEST,ALONG THE SAID WEST LINE AND THE NORTH LINE OF SAID SIMPSON TRACT,A DISTANCE OF 199.88 FEET TO A I" IRON PIPE FOUND AT THE NORTHWEST CORNER OF SAID SIMPSON TRACT IN THE EAST LINE OF A TRACT OF LAND CONVEYED BY DEED TO JED ARTHUR COOPER AND WIFE,CAROL JOY COOPER,RECORDED IN VOLUME 3097, PAGE 459,DEED RECORDS,DENTON COUNTY, TEXAS; i THENCE NORTH 00 DEGREES 12 MINUTES 13 SECONDS EAST,ALONG SAID WEST AND EAST LINES,A DISTANCE OF 428.63 FEET TO A 1/2" IRON ROD FOUND AT THE NORTHEAST CORNER OF SAID COOPER TRAL'T; THENCE SOUTH 89 DEGREES 43 MINUTES 30 SECONDS WEST,ALONG SAID WEST LINE,THE NORTH LINE OF SAID COOPER TRACT,AND THE NORTH LINE OF A TRACT OF LAND CONVEYED BY DEED TO DOUGLAS TURNER AND WIFE, JEANETTE, RECORDED IN VOLUME 643,PAGE 443, DEED RECORDS,DENTON . COUNTY,TEXAS,A DISTANCE OF 437,36 FEET TO A 2"IRON PIPE FOUND IN THE EAST LINE OF TRACT IV CONVEYED BY DEED TO HILLWOOD1MCCUTCIiiN,LTD., RECORDED M VOLUME 2470, PAGE 678,DEED RECORDS,DEMON COUNTY, TEXAS; THENCE NORTH 00 DEGREES 28 MINUTES 31 SECONDS WEST,ALONG SAID WEST !. IULMWILLOWLKM12DWI0 SDATAIDDCONFNS May 21,1999 ' 19 C. " LINE AND THE FAST LINE OF SAID TRACT IY,A DISTANCE OF 49936 FEET TO A 1" s IRON ROD FOUND IN THE AFORESAID SOUTHEAST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35-W(A VARIABLE WIDTH RIGHT-0F-WAY); THENCE ALONG FAID WEST LINE AND SAID SOUTHEAST RIGHT-OF-WAY,THE FOLLOWING TM..EE COURSES AND DISTANCES: NORTH 29 DEGREES 23 MINUTES 45 SECONDS EAST,A DISTANCE OF 692.69 FEET TO A CONCRETE MONUMENT FOUND FOR CORNER; NORTH 23 DEGREES 59 MINUTES 37 SECONDS EAST,A DISTANCE OF 201.38 FEET TO A CONCRETE MONUMENT FOUND FOR CORNER; NORTH 29 DEGREES 23 MINUTES 41 SECONDS EAST,A DISTANCE OF 50.58 FEET TO THE POINT OF BEGINNING AND CONTAINING$02.880 ACRES OF LAND,MORE OR LESS; SURVEYORS CERTIFICATE I,MICHAEL J.BAITUP,REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF TEXAS, DO HEREBY CERTIFY THAT THE HEREON LEGAL DESCRIPTION i ACCURATELY REPRESENTS THE DESCRIBED PROPERTY AS DETERMINED BY A SURVEY,MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION AND 518" IRON RODS CAPPED"CARTER do BURGESS" HAVE BEEN SET AT ALL BOUNDARY CORNERS,UNLESS OTHERWISE NOTED.THE MONUMENTS OR MARKS SET,OR FOUND,ARE SUFFICIENT TO ENABLE RETRACEMENT. f DATED G S / �,•��CRF� � /) ...... .. eA p MICHAEL J. BAITUY 4674 � REGISTERED PRO ESSIONAL LAND SURVEYOR ¢ TEXAS REGISTRATION NO.4574 i i I ZLDWU.LOWLK1OrANDI SDATA%DfMONJM Mq!1, 1999 20. i } .r WILLOW LAKES , sa Ia7Kt worm aeslsaka-laua /ls Ysn+w sM 9 FAMY MUM Wrs =a s$ar2 oulACREs urea v11 n wn mm 1 rep d [� trat Iuar rnlomc Jr1 1 r IWJnVrp ret a rot/ © a 1flCNtY WP '-T' • Kmrl tJa M Now 4+ poo 1 � H ueri nx uu Iryr p S • � t t t S � r VU rr•r r �n•rnr � w . r CMKtlT stAA nuM - WILLOW LAKES LOT CFh EMA I MN wrW tM I/Pali aaue u++s 11 ,,}},,M,w.r�o rr1 t•ol •o w acct aM m r roars ►q t1Y 1rR1 ummn nTi•°�baV'2%o !"i�°IW° 1/ inwr wi / 1E I rrr�li Ib t�.la 1rr+rl t n r moan n 14 Oft 11"i'�r Rn•or a nar ���o+��� we"la Iw"tt m 1 real Me 1 awl !1�"1 Kurtrh np14an1O71 a;e«d'rbiw �i Mitvf11M�w P Draft Denton Comprehensive Plan June 22.1999 Public Review Edition Figure 15.3 Proposed Austin-Locust Street Conservation District .. l—r. ea , w i � YY t � s _ a Meld. ■Low •^•V ■Poet 1950 •■ — ■burned or DemoUshed ■Guages not Surveyed Figure 15.4 Proposed]Zell Avenue Conservation District IN � U L v •r. rJ� J L I r��—Jyl7 »p r, � r f % ; C:V•tyDueum tKmrMP ewPImYublieRmc*tditw EXHIBIT C 93 . r c: Draft DenOD-Cmureherialve p1sp June 22. 1999 Public Revlew Edltlon I C. HISTOitiCSITF.R 1. Goal Protect individual sites or aspects of areas identified as being of historical significance. 2. Strategies The city will encourage voluntary landmark designation as a vehicle to protect sites with historical significance. In those cases where structures located in the downtown area do not qualify for historic designation, encourage use of Property Appearance Guidelines when renovating,to maintain a consistent and aesthetic atmosphere. When improving infrastructure within historic districts,efforts will be made to identify and preserve historically significant features, bnfrastructure construction will be reviewed by participating de- partments prior to performing work. D. ARCHEOLU IC i:FCnrmr 1. Goal Protect remaining archeological resources. 2, Strategy Steps should be taken to ensure that important remains and artifacts are not disturbed whenever possible. In some instances,mitigation may be achieved simply through documentation rather than complete preservation. The presence of archaeological remains and artifacts may not necessarily prevent development of a site. Section 15 The Street The "Street" can be defined as the most important, enduring public space that determines our urban environment.The"Street"should be comfortable and enjoyable,as well as provide efficient movement of people and goods. i • The "Street"is the single largest public space in the City and should be acknowledged on i that level. • rhe street should complement the distinctive characterof the neighborhood or district while providing connections to adjoining neighborhoods. • Formation of the Street will include prescriptive standards, which specify exactly how a facility is to be built and performance standards that describe the objectives a facility will meet. Our"Streets"need to be aesthetically and environmentally pleasing and sensitive to local situations and needs, "YDMUm tsrorrpreberulvePhnlPublu:RevimEditlon EXHMITA 84 . t Draft Denton Comorehenslye pign June 22 ]999 Public Review Fdition • Costs should be based on consideration of life cycle costs,level of service,and Icvel of risk and impact of facility failure. • The "Street'has a major impact on creating development that is sustainable,facilitating a walkable community,and creating a pleasant and nurturing environment for our citizens. • By better distributing the cost per household through increased densities,the cost benefits of these new street requirements outweigh the initial costs and in fact the per dwelling unit cost is lower than conventional development. Public benefits include reducing the burden of the infrastructure and the tax base as well as increasing in infrastructure sustainability. ■ The large lot street section is basicly the same as currently used in residential developments of ail densities. • Reductions in residential speed limits are included benefits along with reductions in street pavement widths,strengthened pedestrianism,traffic calming useage and safety factors. In recent history,Denton has developed exclusively on the back of the single occupant vehicle.Suburban sprawl has f.npacted our highways and City roadways as people find their way through Denton on regional trips or into Denton from outlying areas.The largest single issue we face is reducing the need to continually expand the Transportation Roadway System. The best available solution is to embrace dense,more compact development such as the Urban Village concept where trips are satisfied internally using Multi-Modal Transportation Modes. Street Development Streets are generally classified into Freeways, Major Arterials, Secondary Arterials, Collectors and Local/Residential Streets.Each ofthese Roadway Classifications has unique street sections, amenities and associated infrastructure. The development of these sections need to provide the basis for sustainable _�,,,(���� ` '�L' dev.lopment. 3' u A. NE1GJQORYIOOD STREETS AND ALLEY t Neighborhood streets should be designed in i an interconnected or grid system with smaller blocks and more dense development r p {Hides Iti.lj. The interconnected system provides ��• � .... multiple routes that diffuse automobile trallic, •� and also shorten walking distances. The I -` pattern keeps local traffic off regional roads Figure 16.1 Grid Pattern Development OWY DxurncRWCon "henjtvePIanTublfe Re"m U non >rXHi]3tTX � gs RUMDentOOCOM tt and regional tr■firc Off local streets. Pub I c Retie equitably for pedestrian comfort and tThe meetings soh t movement. 10 �d to be designed �that as referenced In vity he Traffic urn � the automobile And incre provide as referenced in the Tratlio CaGning PoluY should be deli the��of a cornmttni artng dc-sacs are not allowed. ty.Traffic calming Snell into new subdivisions,pro Additonally,cul- ls Proposal addresses the separation caused by the conventional" by moving the home toward the street using build-to fines ranch home"or"estate lot"concept s�cturec to be set at a specific line from the right-of-way.Build-to lino ible with the creation of interaction because otthes�e!, The existing require S setback criteria are not compat• Special residential lot conditions at block ends may SeP�uon ofthehome:from the��� faces onto a green or community spBeC and there is alley act.wire street firontages where the cess to the property, Supplemental front yard instance within the block. Parking is required in this 1• Residential Alley Feu J CIL f lieu Yud 1 Yard New neighborhoods and districts with Iota Less than 10,000 squar e feet will use public alleys forpri mary access(Fig- ure 16.2).T}1C alley will be dedicated to the public.Solid t Waste service will work to serve from the alley. The alley also serves as fire protection access, t S Paved 20, 2• Residential Lane Figure 16.2 Residental Alley This street is designed to the im erm 8n reduce P eable area from current standards while providing for ba• sic access needs (Figure 16.3). This street section or the Residen- tial Street may be used at the dis- cretion of the designer. 6' Miri ' Rererved ■ Alleys required j Pleettn` ■ Use with lots Iess than rArea 101000 SF ■ ingress&egress from rear lot lines s' ■ No on-street parking al- :o Feet S' lowed ■ Supplemental parking in- 42 Feat , sets required within the block or block ends Figure 16.3 Residential Laoe YbaumenhtComprehensireptmAblfe Rtlt,ECtW >rxirr�rr,t as r � fi i Dr t DentOILCOmDrehensive PjSn r,,,,,, , ono Public Revle%v Fdltlon { 3. Residential Street 'Phis street Is designed to reduce the i impermeable area from current Stan- of t* 6,MiK:: dards while providing for basic ac- _f,Reserved cess needs(Figure 16.4). This street Plandntt section or the Residential Lane may r^ Area be used at the discretion of the de- .. signer. ■ Alleys required ZZ Feet ■ Use with lots less than 44 Feet 10.000 SF ■ Ingress & egress from rear Figure 16.4 Residential Street lot sines ■ Parking allowed one aide 4. Large Lot Street The large lot(10,000 SF or more) street allows on-street parking on i both sides with the travel lane in the middle i 6' Kn.� (Figure 16.5). Use of .-... . .... ,RRServed pervious materials for private car ;�. M$aer e storage and shared driveways is fa- ,na vocable. a Similar to current residen. y tial street section 26 Feet'—� a No alleys ■ Ingress & egress from 50 Feet shared driveways • of the Parking� �m sides street Figure 16.5 Residential Large Lot Street S. Rural/SuburbanStreet On the outskirts of the City's urbanizing area,this street section will be utilized for properties subdi. vided into one acre or more. This section will remain the same with 24 feet ofpavement and borrow ditches along either side of the pavement r ' f E C:VyDoeumentXbnvm hrneveMw,.%blie Review uitiaf EXHMIT/C, 87 ., t i I Draft Denton Comorehensivepian June 22.1999 r Publte Revtery Edition p 6. Courtyard Street The courtyard street is designed for use Path with either small or large lot develop- Access •—f ment (Figure 16.6). The Courtyard Loge Street block length is no more than ISO i Lots , feet to facilitate fire service. No lots Alley — Allowed will have frontage at the ends of the _ `-- courtyard so that clear pedestrain pas. j Small Logs sage and view corridors can be used to I Shared connect to these systems. . -- quire- d with � Required a One-way street section Aflcy Access a Alley used for small lots �— — 6'Reserved ■ Ingress & e Plandag Area gr gross from shared S'Sidewalk driveways at large lots a Supplemental parking required is Access to path system required , at courtyard end Street Access is No private lot fmnrage at end �`- of courtyard 7. Neighborhood Sidewalks,Land- . Figure 16.6 Courtyard Street leaping and Visibility The sidewalk section for all residential cross seL• tions will be S' to allow two persons to walk to- gCher(Figure 16.7).Sidewalks and crosswalks wiii include alternative paving materials such as concrete and pervious paver materials to promote aesthetic K ll 0 that blend into the neighborhood concept versus the starkness of concrete. The sidewalk section will be 0 placed at the tight-of-way line to separate pedestri. i ins from vehicles and to aid in connecting the resi- dential structures.The residential sidewalks are ex- petted to connect to other sidrvalk systems and r trails. All of the proposed residenlial sections will proviek a minimum 6'landscaped area between the sidewalks and the curb.Street trees will be placed in this area along with other neighborhood specific landscaping e to establish the characr:•r or theme of that district. Comer clips for residcnti rl streets %%ill be IS'. Figure 16.7 Sidewalks, Landscaping and Visibility C:'MyD%umem,'CrrrVmhmx.ep:%jPubri,PtirwFdi:,,,. EX:"MTA gg ■ Draft Dentou Comnre ensive Plan dLae 2 C 2 9 Public Revle�r Edttlo199n B. OLLECTOR ST FFTc Collector streets will have multiple fanctions, all of which are different than residential streets.Collectors have to play a major part in establishing the multi. modal system. The collector has to provide equal or better aesthetic features to maintain the character es- tablished in the residential areas. Larger comer clips of 25' to 50' will be provided at intersections to en- courage lines ofsight,landscaping,and adequate room for utility transitions.The Residential Collector coil" the traffic from residential streets and takes it to mi- nor destinations or to arterial streets. The lane vidth will be at the minimum allowed to promote sl wer speeds. The collector streets complete the m crall Figure I6.8 Traffic Circle system connections of the grid patterns(Figure 15.1) a Slow traffic,add interest and set a comer defined in the residential streets. The shorter block intersection by giving it a gem ofplace lengths and features such as traffic circles (Figure 16.8) will reduce speeds to encourage the feeling of J� safe interactions between the ----�.�' i•k modes of transportation. Traffic calming design techniques , will be used on the residential col- ----- — lectors. Access management re- quirements apply utilizing tech- nigveslike shared access,driveway _ Separation, and comer clearances +Flgure 16.9 to again maximize capacity while Street Design Features improving the aesthetic character• 7. istics. Right-of-way for the residential collators will provide adequate lines of sight and promote vertical sight clearance levels for landscaping. Special right-of-way flares are encouraged to create special design features(Figure 16.9)such as seating areas,landscaping features,or public art along the linear sections. Separations caused by the conventional retail and commercial will now be realized as mixed uses with vertical integration of offices, retail, and residential. The urban village concept moves these types of ' structures to a determined line offset from the street right-of-way edge which becomes the build-to line requircmcnt(Figure 16.10). F r C'.NY Ede don EXHIBIT�f�, 89 aaasasaaara c c. Draft e o plan UO Z Public Review Edition s Build•to Lines: all structures must be placed at this be along front and side yard street frontages SAM r Figure 16.10 Build-To Lines 1. Commercial Alley The Commercial Ailey section(Figure 16.11)will be used to promote better view lines, servicing, parking access and to separate the truck traffic from the mixed use customers. The alley also serves as addi• tional fire access around the commercial structures. Pa4ment i 1- 20 Feet Figure 16.11 CommerclalAlley 2. Residential Avenue The Residential Avenue will provide I ',•,j for an outside lane on each side for P2 6' Min 's... P2� parking use and two travel lanes in Reseryed \ - the middle(Figure 16.12).No single p uung family front or rear yard frontages Ar" wiII occur along this collector street. S' Driveway access will be to the rear along the Residential Alley wherc, attached housing or other uses oc- cur along this street r ' ■ Parking both sides of the Figure 16.12 Residential Avenue i 1 street a No single family front or rear yard frontages ■ Ingress and egress from the rear at the alley C'My Doormen b'CQMahnujvzprn Pub1k ttevkw U,t oe Exxtsrr A 90 - 0 Draft Dento-n—Cotlwrehensive Plan June 221999 1� Public Review Edition i 3. Main Street/ Mixed Use Collector ---� The Main Street/Mixed Use Col- �-- 6' Min. CI lector will have standard lane L Reserved Widths to promote the flow of w. Planting fic and blend the neighborhood Area commerc 1 al/mixed use center traf- fic that includes service trucks (Figure 16.13). Access manage-, ment regulations will apply to'm- — prove capacity and sight lines. g' 4_8'.6' 22' 39' • Parking on both sides gyp' • Single family residential lots front and rear yard Figure 15.13 Main Street/Mixed Use Collector frontagcs not allowed a Ingress and egress from the rear at the alley 4. Commercial/ Mixed Use Center Collector Cummercial/Mixed Use Center Col- lectors (Figure 16.14) will be pro- -- vided in commerciaVmixed use cert. I tars areas to address the need for in- �=/ creased capacity,trucks,and the in- 6'Reserved teraction of the multi-modal trans- hand g _ portation system. 'These roadways I Area cc will provide for four standard size Tree lanes with no parking allowed , At intersections with arterials,the right- 8' t t'b• ' !4 t i' {''�• g of-way should be expanded to pro- 45' vide adequate space for right turn - lanes on and off the arterial.Alleys YJ will be utilized fur servicing,park. ing access,and toseperate truck traf- Figure 16,14 Commercial Center Collector fic from the typical user, a 2 travel lanes with parking or 4 lanes with no parking allowed a Single family residential lots front and rear yard frontages not allowed ■ Ingress and egress from the rear at the alley i ±' CWYDauntnt OffWthmivc?Im�NbNcRerlewEditim FXHMrryC 91 . I Draft une22 loon Public Revlctiv Edition 5. MlseellaneousCoCectorissues WK.•• Sldewalks will be8'wide placed on both sides to crca!a Class Two Paths that would blend pedestr;arl and bicycle traffic(Figure 16,15). „''� <, Since one of the functions of the Class 11 Paths e•� is to carry bicycle traffic,the main surface of the walk should be concrete. Concrete pav- j ers or other like sunace materials maybe used when commercial/mixed use structures abut the right-of-way line In neighborhood or corn- J mercial mixed use centers, Pavers, other similar paving materials, and those with rough textures that cause tire vi- Figure 16.15 Sidewalks Tnnsit i .. Corin Figure 16.16 Pavers Figure 16.17 Transit Oriented Deslgo bratiau will be used to enhance the aesthetic features at intersections, corridors,at cross walks,at parks or transit areas,to call attention to the driver that their vedes A d in an intersection,and to alert driven to slow their vehicles(Figure 16,16). Provisions will be made to incorporate transit oriented design Into the overall design of collectors. Transit oriented design(TOD) features will be considered essential for high density attacKed hous- ing,mixed use and large retail or employment centers(Figure 16.17). Collector streets will also integrate a reserved planting area to provide opportunities for landscaping and district themes for greenery, f A, r, C:AryDocumenutorcpekn�IvePtanVublioatvSew£ditlon EXtUDITA 92 . ffi� W1 llraft Denton omorehensive Plan SUne C. MUM MA c 22 19 Public Res,Iets dlli l loa Arterials are classified into Primary(Major)and Secondary.Arterials are designed to carry traffic across a district of town (secondary)or to provide major north/south or east/west routes across the city(ma jor). All arterial streets should be divided with a median(Figure 16.18). Reserved Medico Plaatia# E1rea Reserved Planting Mea-Width V a —,-. but no less than 1O. t BLke lane 24'Median at 6' Secondary 6' 4' Art Msls ' 1 I' 12' 2T 30' aa' Major Arterial 130' - 160'Right-of-Way Secondary Arterial 120'night-or--Way Figure 16.18 Primary and Secondary Arterials i • No pa:king allowed • Reserved planting in the median and along both sides of paved lanes • Limited ingress and egress through shared drives and connecting streets • Off-street parking to side or rear of structures • No residential front or rear yards adjacent to arterials • Bike lanes required • Transit nodes and bus queue jumpers a Special features 1. Arterial Lanes &Access Management Arterials will provide four lanes in the secondary classification and six lanes in the major classifica- tion.The lanes shall be standard width except the out lane on each side will provide for an integrated bike lane.The design of the intersection will blend the multi-modal nodes to that the transfers and Interactions occur safely and efficiently. Access management tools will direct the traffic at collector �'. connections to the wienals and some minimized shared diivewayconnections. !, r V I� f fr . I C�MyCuCV"nL'CompehenhaePlaiAb0CItMewUition EX$IA1T/( 93 VIII k Dralt Denton Comnrehen�i+'e flan June 22 1999 2. Bikes Lanes, Furniture & Transit Stops I uhlrc 12c+fet+ I'V 10 It The arterials will provide bike lanes on the out. side cdgcs of the paverncnl by widei,ing the lane 1� soceral feet (Figure 16.19). Pm%isions will he t ' made for transit oriented desi5u5 0OD) includ• ing transit stops, park and rides, and other thR)ll fea- lures HUI Quc )milers (special bus lanes g intersections) art(IC-sired at major trite[- � =+ /nsections along arterial �c , streets (Figure 1620). hransportation fumiture design should promote Flgure 16.19 Bicycle Lane the uscofpublic transit. 3. Utilities, Walknays& Planting:krvas Tbcoulcrportionofthenght-of-Way will beused c cc tier trtilitics and pedestrian walkways. Specific space will he provided for majnr utility lines in °ru s addition to the reserve for sidewalks and the a pl;uttingarea. Prdcstn;tnssviilrcmainonlhcsidc• a 4n lxf ' walks that reduce back do�cn to S'from the[urger cnllcetor standards. . c a o f- } Figure lG.20 Bus QueucJurnpers ;s w 4. Nodes& Corrldors Arterials and arterial intersections %%Ill normally be con• sidercd transportation corridors and nodes where special landscaping, pavement materials and other building re• quiremcnls arc part ofthe overall presentation of(fie City of Denton (Figure 1621). '^ S. F•reessays, F.spress+sass & Interstates Note that Freeways, E.+presss+ay, and Intcrstates are to- tally under the jurisdiction of tF.e Tcxas Department of Highways Bouvier,special d,.sign features along these corridors, nodes and entranceways to the City will rc- quire special landscaping,pavement materials and build• ing requirements. igure i6.21 Corridors .[ Nodes FkllEnli + �tl J I Draft Denton f ornnrehenslyg Plan jun Public Review F.ditina D. Ii31r TROF7T A_r1D RF[`nlyc't'>!t�rrrr� When revitalization, reconstruction and street refurbishment efforts are planned, every effort will be made to reduce these street pavements,utilize traffic calming devices to slow traffic, update sidewalks, or build new ones, and furnish landscaping where applicable. Sidewalks and planting areas may be established is the interim taking into account future plans for the area that include placement of these features. Traffic calming devices in the interim may be used to reduce traffic speeds with techniques such as: reduced travel lane stripping or marking,rough pavement texture insets at intersections and along the street, and other methods that are effective In this regard. Use of new street standards is implicit where redevelopment,retrofit of existing neighborhoods,or reconstruction occurs. 11. _ Utilities in the Street and Alley All utility systems will be designed with the original subdivision so that they can be constructed prior to placing the paving course on the street or alley. A. IYE1G1iBORU00D S FFTC The neighborhood centers subdivisions will have alleys. Alleys allow the design of"WET" utilities under the street and"DRY"utilities under the alley.Utilities are not to be placed in the reserved land- scape or planting area. All utilities,other than transmission and feeder lines,will be underground. 1, Wet Utilities Sewer lines will be placed at the centerline of the street with water lines on one side and storm sewers on the other ride depending on site specific conditions. Utility Deparunent Policy encour- ages the placement of water on the north and east sides where ssible, Gas would be the sidewalk on the north or east side as well, p° placed under 2. Dry Utilities Electric,telephone,cable TV, fiber optics,and other similar utilities will be placed L+a duct system where some reserves are made for future expansions by new companies or rework0upgrades by existing companies. Service Connections will be consolidated except in extreme circumstances or where there Is an odd number of structures being served. This requires use of joint trenches and Placing lines within a set prescribed area instead of the continuous separation across the entire lot This is particularly critical for small lot,attached housing,clustered and compact developments, J. Special Lot Conditions Large lot districts and neighborhoods will have all utilities in the front right-of-way. The WET %i'- utilities will be placed like the small lot blccks and neighborhoods. The DRY utilities would be Placed in a duct bank(with expansion room)Wier the sidewalk opposite the gas line.Service lines will be consolidated as much as possible to maximize the area where undisturbed landscaping and aesthetic improvements occur. All utilities,other than transmission and feeder lines,will be under- ground. CAMr�cu^+rnu'�CortprtrmrWrePlm'hbticReNew Edit Fon` EXHIBIT.( C. 95 . Draft Denton Comneehenibijkl&n June 22 1499 Public Review Editlon B• 59�13CIAI/Mt)tiFp LICF CFNTFRCOLL�'rrno `� Utilities in the Collector Street right-of-way will be placed as described in the large lot district or neigh. borhood of Residential Streets. Mties are not to be placed in the landscape or planting area. All, Utilities,other than transmission and feeder lines,will be underground, C. ABrE AU Many arterials will have to provide adequate room for trtunsmission or feeder lines.A specific l anion will be provided for these on major and secondary arterid a a.Theright-of way,will contain the landscape reserve and sidewalk reserve on each side and additional landscape reserve within the median. The vari able width will be based on the need for turn lanes and for placement of transmission lines fot utilities.Utilities are not to be placed in the landscape reserve area. All utilides,other than transmission and feeder lines,will be underground. D.SIIARFD nUCT BANKS Developers will be responsible for working with all utility companies providing service to the neighbor- hood in order to address technical issues that area has regarding shored duct banks for Specific routings,termination points,and methods must be identified for accommodating}e involved utili6es.Duct banks will provide a minimum of four reserved ducts for future use such as exp:r,s:on, upgrades,or replacement and will be provided by the developer. LU. Street Aesthetics i The"Street'is more than Just a place to move people and stow utilities. As the most intensively used public space in the urban landscape,the Street should also be recognized as a social apace, a"thread" that can knit together neighborhoods, institutions and business. It's design and aR,pearance should reflect the importance ofUs$Paco and the desired image of the community. Elements of this aesthetic image include street trap and other plants,colors and textures used on paved surfscas,lighting,signage, public art, and site furniture. These elements can be weaved together to crease a comfortable and pleasing space through which pa)ple in vehicles,on bicycles,on skates;on foot or in strollers, and the handicapped may travel (', i C:Wy DXumanM Cortmn hendvepjMAtjie Revhew Editlon txrtretrA 9b �, t> Draft Denton ('omnr hen■ive plan ' June 22 1990 A. MATEAIAts Publlc Revle'lV Edition 'the larser the streets Reuire the use of altemadv pavin a nsh ore Raise d for st & Intersections materials,including the use of differ• color for pedestrian at trwrials dt ent textures,patterns,colors turd Per. safety&sense of Commercial + meabi lity,to del ineate pedestrian and arrival. � bicycle paths, crosswalks, transit stops, other non-vehicle spaces, and pave the entire hicl at maJor intersections Crosswalk with intersection &23). (Figure 16.22 railed patterned Paving materials with alternative pavins mmenets Other Design A1ter=&ts: •Neck-down Intersections •Use of color ohanses •Use of Figure 16,23 Figure 16.22 Paving Materials B. LiS:llT= Adopt standards for street and security li with urban design,environmental Shag that sro consistent public safety and transit ec- ob J -Y tivea (Figure 16.24). F Flgun`16.24 u/ ti 1 C:Nry IkeumenbSCanPehemRrPlsnlhietk 0.vlew Elitlon III, I 1)1,11 Denton Cotnnrchcnci�'c flan Jonc 21. 1999 Put iic Eteskmm F'rliflou i7rsr��n ;utd adopt dui etional and informational signage sehcmcs that arc clTcetice.attractive and rcinCo%c adesirahlc image far the Clk (Figure Ili 25). r Figure 16,25 1). 1 AN' )S(__%JT UF_SIGV' Ad T1 t u,Jkcape design standards that a� Ilicvc urh,rn Design ohjecliv es, mvhile al- 1-%irw for ail ratio n in �tplc and design al IT difll rent corridor ,, �• tv '~ ,r� ��� nvJcs and E,atc• uay'sand nadjaccrmtprivaleproperty(Fi , ` rue ih .a) b * ' • � I ' nitefurniture(bencimcs,planterwaiing Figure 16.26 Y' Ir,r;h cont.rncrs, drinking fountains, and }z. ulhcr features) to create gathering place, �'• �,'� 1'r` .-r t„r pcde�trians within the slrccl right-,.if• �` `�+,, st u;ry 1'F'llres 16 27, 28, 24, & 1 r" rr t ' f y � I / 1 F urc 16.27 1'igwc 16,28 Figure 16.24 Flf;ure 16.10 ,• r. )xruf;lr ,► ns I draf-t D n on COMDreh nsiv 1 Lrne 17 1nAn � R TRH Public Revfe•.s, F,dltlon Adopt design standards fcr transit slops and bus Shelters that are consistent with urban desi, objectives(Figure 16.31 &32). I Figure 16.31 Figure I6.32 G. 1N O �teTION cy�T 1S1S i Use information kiosks at strategic focal points and gathering places along the Strcet to communicate community news and events (Figure 16.33). N. PUBLIC P_ ARKM Apply adopted design standards forpaving,lighting, Figurr 16.33 '" signage,and landscaping to public parking spaces. 1• P��.iC ART Adopt standards to guide placement of art in public places, such as landmarks, view corridors, pockets, tratlic circles and other locations of prominent slat. ure (Figure 16.34). ' E 3. figure 16.34 PubllcArt Use the urban design criteria to create relationships between the street and the structures built ad- iacenl to the right-of wsy line that exem P �If fyqualitydesignandaus• tainability(Figure 16.35). Figure 16.35 Typical Urban , . Village Utilizing urbaa design criteria .c C'iMr�u^'°naCorrpeAentfvsPfanPubfio Review Fdigon EXHIBIT 1(C gg ■ AGENDA INFORMATION SHEET Aparbatr0 �'Gl4 pm fs � - 5- AGENDA DATE: June 15, 1999 DEPARTMENT: Planning Department ACM: David Hill,349.7223--A SUBJECT-Z-99-040: ('Willow Lakes West, Detailed Plan) Hold a public hearing and consider approval of a Detailed Plan for 108.3 acres of a Planned Development(PD) zone district. The 108.3 acre property Is acnerally located north of the City of Argyle between Interstate 33W and John Paine Road. The detailed plan proposal is for 295 single-family dwelling units,a fifteen(15)acre uhool site,a neighborhood center, park land and open space. The Planning and Zoning Commission recomm,vded approval(5-1, Powell absent) with conditions. BACKGROUND The applicant has requested approval of a Detailed Plan for 11 illow Lakes West to develop the undeveloped property into 295 single-family dwelling unity, a fifteen (15) acre school site, a neighborhood center, park land and open space. D The subject property is located In a Planned Development (PD) zoning district created on June 15, 1999. 9 The proposed development is consistent wish the policies of the 1488 Denton Development Plan (DDP) as -jpplicable and the 1998 Ocnton Plan (DP) Policies (see Attachment I - Comprehensive Plan Analysis section), Five (5) property owners were notified of the zoning request. No respom,es have been received. PRIOR ACTION/REVIEW The following Is a chronology of Z-99-040,commonly known as Willow Lakes West: Application Date- May 13, 1999 DRC Date(s)- Slay 27, 1999 and June 3, 1999 P&Z Date- June 9, 1999 ESIBIATED PROJECT SCHEDULE The subject property is not ptatted and will need to be platted prior to any development. c= t FISCAL INFORM 17110 Developnent of this pro" wili Increase the Assessed value of the city, county, and school district. Public improvements associated with the development will be paid for by the developer, PAZ SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval (5•1) of this zoning request with the following conditions: 1. That the 12' by 3g' sign be removed from the plan; 2. That prior to the dedication, the applicant undertake a wetland delineation of Lot 96, Block A,fx review,by the City of Denton Parks Department to determine the usability of said lot for a public park, 3. 1hdat pedestrian linkages between the open space system and school site be developed; an 4. That vehicular linkage between the internal street systen•,and school uus be developed. Finding that: I. The proposed Detailed Plan Is in compliance with the Concept Plan and meets all the requirements for a Detail plann as identified In Section 33-116 of the code of ordinance. OPTION 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. S. Table item. ATTACHMENTS I. Planning and Zoning Commission Report,June 9, 1999, Z•99-040.. 2. Planning and Zoning Commission minutes from June 9, 1999. (The minutes were not available at the time of publishing) j 3. Drag Ordinance. 1 Re tfully submi i D Hill ssistant City Manager Prepared by: Director of Planning and Development , u p. R'i hart j Development Review Manager 2. t , h PLANNING AND ZONING COMMISShN � 3 STAFF REPORT Deb► SuhJect: Willow Lakes (Concept Plan) Case Number: Z-99-041 fig: Larry Reichharl, Development Review Manager Agenda Date: June 9, 1999 v Hold a public hearing and consider making recommendation to City Oourdl regarding a proposed concept plan for a Planned Development(PD)zoning district encompassing 608 acres. The 668 acre property is generally located north of the City of Argyle,Y..uth of Johnson Road between Interstate 35E and Highway 377 In the extraterritorlai jurLedictlon of the City of Denton, Texas. At the time of annexation the property would oe zoned Agricultural(A). The requested rezoning is from Agricultural (A)to a Plnar&d Development zone district with approximately 400 acres Residential with a maximum of 1876 single-family dwelling units, approximately 45 acres of parks and open space,two(2) school sites totaling 25 acres and two (2) neigliborhood centers lotating 5 acres. S II i 1 rr 4 I— .. _ r - -li v I -- I r � LOCATION MAP Location: Generally located north of the City of Argyle, south of 3ohnson Road between interstate 35L•and w'J f c Highway 377 Size: 609 acres 2.99 641 PAZ tumt 3. III II 1 t Applicant: Binary Investment, Inc. Owner: Violet Properties Assoc.., L.P. Mr. Don Huffines 8222 Douglas Avenue, Sulfa 60o 8222 Douglas Avenue, Suite 600 Dallas, Texas 75225 Dallas, Texas 75225 Planned development zoning districts (PD) are Intended to provide for the development of land as an Integral unit for single or mixed use In accordance tvifh a plan that insy vary from the established regulations of other zoning distdefs for similar land uses. They are also meant to encourage flexible t 4nd creative planning to ensure the compatibility of(and 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; (1) Provides for the design of lots or bullding; 1weased recreation,common or open space frr private or public use; berms, greenbelts, trees, shrubs or other landscaping features; parking areas,street design or access;or other development plans,amenities or features that would be of special benefit to the property users or community; (2) Protects or preserves topographical features, such as trees, creeks, ponds, ftoodplains, slopes or hills;or (3) Protects o; preserves existing historical buildings,structures,features or places, There are three (3) types of plans that maybe used In the planned development process; concept plan, development plan and defalled 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, approximate thoroughfare locations within the boundaries of the district. DEVELOPMENT PLAN-This plan is Intended to be used most often as a second step In the PD process. It Includes the same Information that is provided on the concept plan, plus details as to the specfic land uses and their boundaries. fDETAILED 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 olherwlse known prior to rezoning,the detailed plan may be used to establish the district and be the only required plan In tho planned development process. It will contain Information sngcific to the site. All detalled 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, 2.99041 cr,Z Rrp,j 4 , f 4 f { The developer Is requesting a Planned Development(PD) zoning district classification for this 608 acre property with a maximum of 1,876 Single-family dwelling units on 400 acres, 45 acres of parks and open space,a 10 to 15 acre school site and two(2)neighborhood centers totaling 5 acres. n A general concept plan shall contain the follows n9 Informatlon. (1) Relation to the master plan. A general statement setting forth how the proposed district wUl relate to the city's comprehensive plan and the degree to which it Is or is not consistent with the plan. • The concept plan Is In compliance with the 1999 Growth Management Plan and statement of such Is on the plan.. (2) Acreage. The total acreage wlthln the proposed district. • The total acreage of the property Is Identified on the plan. (3) Survey. An accurate survey of the boundaries of the district. • The description for the ent4e PD Is attached as i (4) Land uses. Proposed general land uses and the acreage for each use, including open space. For residential development, the total number of units and the number of units per acre. • Identified on the plan (1,875 single-family dwelling units equaling 3.72 dwelling units per acre), and further detailed In the applicants proposed development standards that will become part of the final ordinance. (See enclosure ) (5) General thoroughfare layout. Proposed streets, as a minimum to arterial street level. (Showing collector and local streets Is optional.) The concept plan Identifies a proposed collector, and further detail regarding roads Is further detailed In the applicants proposed development standards that will become part of the final ordinance. (See enclosure ). (6) Development standards. Development standards for each proposed land use, as follows: a. Minimum lot area. b. Minimum lot width and depth. c. Minimum front, side, and rear yard areas. d. Maximum height of bulldings. e. Maximum building coverage. f. flaxlmum floor to area ratios for nonresldential uses. g. Minimum parking standards for each general land use. L 99 041 W RePM S, L' l } • The applicant has Identified proposed development staMdrds for this development(See enclosure ). The proposed uses and development standards will become part of the final ordinance. (7) Existing condition,. on a scaled map as specified by the department, the following shall be shown for the area within and adjacent to the proposed district; a. Topographic contours of ten (10) feet or less. b. Existing streets. c. Existing 100-year Moodplain, floodway and major drainage ways. d. City limits and E.U. boundaries. e. Zoning districts. f. Land use. g. Utilities, Including water,wastewater, and electric lines, • All required existing conditions are identified on the detailed plan. (Ord. No. 91.016, § 112-5-91) 1988 Denton Development Plan Analysis The 1988 Denton Development Plan(DDP)shows this area to be within a Special Purpose Activity Center. This center Is In the vicinity of the Municipal Airport and is Intended to encourage l the establishment of an Industrial economic base given the localional advantages In terms of 3 access to rail, motor and air transportation. The DDP also Identifies this area as a major entrance way Into the city, The DDP encourages and promotes good urban design to enhance the aesthetic quality and visual amenities along entrance ways. The proposed Concept Plan meets or exceeds the development standards and requirements such as front yard setbacks,landscaping, signage, off-street parking pedestrian ' access and it promotes lotegrated site doslgn and layout which considers adjacent tracts of land with emphasis given to Internal circulation as opposed to continuous strip development. Although this concept plan does not promote the establishment of an Industrial economic base it does promote good urban design standards and it does enhance the aesthetic quality and visual amenities along a major entryway into the city. 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) Is to be used ri conjunctlon with the 1988 Denton Development Plan In evaluating the consistency of proposed develt,,nment wNh the long range vision for the city. Staff finds r the proposed development 10 be consistent wtut the policies of the 1998 OR (See Enclosure 8) The proposed concept plan is also consistent with the Growth Management Plan which Identifies the t development of this area as residential. I"041 062 Report 6. r t� c. s t1. Transportation A. Trip generation Tabie 1. Proposed Land Use Trip Generation Land Use Average Trip Maximum Total Daily Trip Generation sundout Generation Proposed Use Single-Famlly 9.55 tripsfdaylunit x 1,(76 homes 17,909 Detached Proposed Use Elementary School 1.6 trl elda !student x MO students 2,260 Note:Proposed Average Trip Generation$provided by the Institute Of Transportation Engineers, 1991_ A 15 acre elementary schoot Is typically designed for 669 students but can aeeomidele up to 760 students, the average trips per day per student was based on the experience of Denton ISD. The proposed development Is 34 ens below the allowed capacity identified as a low Intensity area in the 4988 Denton Development Plan. B. Access The development will have access from Crawford Road, John Paine Road and Johnson Road. Ail three roads are classified as collectors. The proposed involuntary annexation Is proposed only to the north right-of-way of Crawford Road, The ETJ extends to tho centerline of Crawford Road, Subdivision regulations apply to Crawford Road and trip generation will need to be reviewed and monitored as development { progress so that improvements can be co-ordlnated during subdivision review. s C. Pedestrian linkages Sidewalks along all public streets are required. 2, Utilities This property has recently gone through the annexation process and a service plan was developed. (See Enclosure 9). The service plan has Identified that this development will be provided with adequate utility services. (See Enclosure 4): 3. Drainage and Topography Now 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 plot. The study must Include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this properly. The developer must indicate the method by i which the run-off will be carried across the properly or stored on the properly. + �'l r t 99 Dot aet ReCOrt 7, i F14m . Slgna As per the sign ordinance with the exception of three (3) 12 foot by 38 foot lighted signs advertising the development. One on 1-35 and two (2) on S.H. 377. As proposed the signs are not permitted per code and staff recommends against the three signs, B. 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), and as proposed by the applicant each lot must plant at feast one (1)4" tree measured 36' above the ground in the planting area between the sidewalk and the street. 8, Open Space This development Is providing approximately 45 acres of land for aub;i;and private parks and open space as well as neighborhood centers and pocket parks. The Concept plan should reflect that the terms neighborhood center and amenity center refer to the same type of activities and uses. 7. Environmental Quality Impacts No negative environmental Impacts have been Identified. The subject property is proceeding with annexation. Al the time of annexation the property will be placed In the Agricultural (A) zoning district and land use classification . 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 Sunday May 30, 1999. Five (5) properly owr ors were notified of the request on May 29, 5999. As of this writing, there have been no responses A nelghborhood meeting is being scheduled for June 10, 1999. As the proposed development Is in compliance with loth the 1998 Denton Plan Policies and Growth Management Plan and with the entry way concepts of thel988 Denton Development Plan, and with the added design controls associated with required Detai'ed Plans, staff recommends _ <' approval of Z-93.04lwith the foliowing conditions: 1. All slgnage shall be in compliance with the City of Denton slan ordinance. 2. The concept plan should reflect that the terms nelghborl rood center and amenity center refer to the same typo of activities and uses, i W 041 W kerurl 8. 0 c• I i I I i f I I move to reoommend approval of Z-99-041. 1. Recommend approval as submNIA 2. Recommend approval with oonditlons. 3. Reoommend denial. 4 Postpone oonelderatlon. 6. TPble Rem. a 1. VlcInRy Map. 2. Zoning Map. 3, 200' Property Owner Notftatlon Map. 4, Denton Mobility Map 6. Concept Plan 8. 1999 Denton Plan Matrix. 7. Draft Ordinance A'P r r ffP r r•�ar ort a�v«t e V.NCLOa1UR8 1 6 ( Z-99-041 Willow Lakes NORTH SITE c Of Do erf 1 or o/ CONCEPT PLIU�AB `� .r .r 1 -1 C.ky oIA i VICINITY MAP QQ r Agenda Dote. June 0, 1099 Soak: Norte 10. WE - c, ENCLOSURE 2 Z-99-041 (WilioW Lokos) NORTH % torpon n � .. / FD f DrnOnn E*J / ton j ef•�e J / AD ' r Cityof'A , ZONING MAP Agenda Data: June 9, 109 Scale: Norse a c• ENCLOSURE 3 ( Z-99.041 (Willow Lakes) NORTH �oNnow eo , ema"PLM e UK%r W, Q'ty ofArp NOTIFICATION MAP A ., o Agenda Date: June 9, 1999 Basic. None 12, I ENCLOSURE 4 ( Z-99.041 (Wlllow Laces) NORTH C ty of Dank in ., M1 r0inton ETJ rorr.akNO r �` , tyof CONCEPT KhN SITE North U a OrfMdPYn u11xM/MtylfJwl,•'Iu"' 101Aai Clry ofArgyk DENTON MOBILITY PLAN MAP L11111.1111.111111111 Future Collector Primary Major Artorials - -- — Secondary Major Arterials A ' r t t Agenda Date., Juno 9, 19909 13, sells; None c I ICI Y { r { 1 r WILLOW LAKES MrAlb, sa IEKS KKK= 492199SAMA 1111 411WIi smi III/LO DKLLNC LMif sy Id101f 1.17 OWACMI !J N' W „ '� ten, I'i i Q r<ofoMO/e pno 1 Ita I © Ve.l fmv IIOO1wn4. I" "I "LAND'"Wei 4 100 r ! f4a"AL WI N Ia[I . i 4111!711' tJ►P - ` i } I + �-► Isa erLL 1 16 , 1 W uar 1R1t 4 rr I Mwt O rr �rabM ler �d Iw1r �w ly ti, ' _ •� rr v N NO"'"I •ir,•�• . DONRtf ILIR WILLOW LAKES p�n[�y Nw f N o1NU �rw M Will Al 1 nM OOw ow a a.rw ww wr LfIT 1RrtERlir Ir lots min"tlwu ram 0f0.L10 IMfI r pprrLy1yALppaiih[ynt�r tu�olupo/l�prw t 1Mr�, q.wlgwpl�W WLi L0/1t4 pNM M} Ldglf fl OWIdNt I 1MMr1 A fa1F OrPIrn�U�rI01�Mf frL wIMY L.r AM yp`/MpryL/� ry� gyp } IMIY IMwr�tIIrIKL } NI�f,ECT TO IN�RIfCM I1i�Ipn�ip Y OWrK�p��pt 7�LHI�rI�t PMdIC�rN�M YH wl%WI rMCn f�I r6Mi 1 rn/ AM&" IU Irl iI�Le11,qli 6r:°O Nwtq IY�1q pMI� afM.�wlfw a ENCLOSURE 6. The table below provides a summary of the 1998 Denton Plan Policies applicable to this project: Denton Plan Policy AnsiWa Summary Development Radng vs. Policy CATAGORY POLICY IncaISIOnt coos" Transportation. Con Omente Derdmb Long-"Thor ghhre Alan. Promotes Aim Management Rurooes x Optknlm operations for emerWq servke provlden and oNer publk servke aovders. x Promotes pudic transportation"ern, x ConbWas to the Denton Trails network. X atormwater Dratnage. Protects 100•year floodplein aron In mrdancs with Dentont waW*"managemerrl plans. x Conforrm to but subdvlam re"Oons. _ x Contr".to reomal detanaort fadptiet X Provides For net"rlpaAan environment MvV floodpain. x Upgrades absta drunape sydem�as k�� Wetet and Develops and mNntalyd pro"and private wastewater. Inhwivdiurd, I x Creates appatuNty for oversldrp water and wastewater lines to meet futon devebpmem demands ; x Provides Wew of proposed water and vrastewater hfrastrtxture to enpm pudic safety&%I health. x Promotes hill anprovemer is over new tre bterdom Electric PrOMM nderground electric Wkt to new resfdentiat y X + Solid waste, Prortwts elRdent scces to all devN em for sold r Dora waAe servtoe dellmy, M x Part$and teeaaatton. Locates pies and recreation faftes In aaardance with the Part are Reveabon Soategk Plan. x Enhances pees and recreation opporlunihes for te0dent. x Preserves f oo;Vatn rot Caries and open pace to eid In Aoodplain oonservalon effort. X hlom covnNNng of parks with other pulft(adities b Ad)"wst-effedW delivery of pubic terwes, x itetldenbal developrnent OWd dedkate land or fees In 0eu of lard for neighbortmi part. x Environmental Quality. Promotes prese Am ef natural teraunft x Intepates erOoornental proteAlm with ewwrk G growth and com oily devebprent X t-fir a'" r� tv 041 PSI Report F 15 . t� U 1998 Denton Plan Pollcles Analysis (continued) Denton Plan Policy Analysis Summary Development Rating vs. PoiEcy CATAGORY POLICY tw4st,ant App�de CorWstwt N.lohtartrooda rdacusa m nnx Nty fadatlea fa x 0mraoes a rNxhn a lane um that WwM retemtL X Protects vrd premm vMno nNghbortw& _ hence near W4vde and redua vd W"L x Nom' emramte iro hdvt�duNh Am9Z that avow m dita no x OffM a rsAety or**0br*bt Mu;hulldlno drat and ranpet X A*wm sarong hwft Indrxlnp anordO*buff. r cnaeml M WAN mn*UdWL Ecorwmle Gordrlbutd tv a drone and dvanifled loan aoa any by DI V&~^ haesdno vrdoymaM and bgr 4ry the tax Dee. x cowmmant Encaxages Intagowwrmmw mordrwm to provide a�i4re 4 pacer:le* t X Urban Deston. A&,; J:rmurky appeannce h a oxrprdbrmrs x dv&Wa vditdunl appearance d txdn ems. x Nelgl bo recd hna devebpment ftm to&V"e with edstlnp land um and bulldlnA I hobids and praervros Demon's arcNwuN,aJhaa'and hldodul rtowrCK r Emh&nees the appearance None meta entliveways. x Panotes the prererawn of bees and Wndorapinp, x rubne lmotvement F4Wdes and oily ra pudic coriar datn9 tlx x { l 4 , J 1 L99 M l P62 Report 16. t I i I PL11101VOLIJItUJDA11`lOLOw p�rsrd4�MM2NMl OLDd.L,iO IIOY c I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY DESIGNATING A PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 502 ACRES OF LAND GENERALLY LOCATED NORTH OF THE CITY OF ARGYLE,SOUTH OF JOHNSON ROAD BETWEEN INTERSTATE 35F AND HIGHWAY 377; PROVIDING FOR A PENAL'T'Y IN THE MAXIMUM AMOUNT OF $2,000.00 FOP. VIOLATIONS THEREOF;AND PROVIDING FOR AN EFFECTIVE DATE. (Z•99-041) WHEREAS, Binary Investment, Inc, on behalf of Violet Properties, L.P., has applied for zoning 502 acres of land as a Planned Development (PD) zoning district classification and use designation;and WHEREAS,on June 9, 1999,the Planning and Zoning Commission recommended approval of the requested zoning; and WHERFAS, the City Council finds that the zoning will be in compliance with the 1988 Denton De-,ciopmcnt Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Pirn; NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That approximately $02 acres of land described in tho legal description attached hereto and Incorporated herein as Exhibit"A"is zoned Planned Development(PD)zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton,Texas. SECTION 11, That Exhibit "B", attached hereto and incorporated into this ordinance by t reference, is approved as the Concept Pith for the district $FSJ1ON III That the district shall be subject to the following conditions: 1. These conditions listed in Exhibit"C", attached hereto and Incorporated Into this ordinance by reference subject to the following limitations: (a) Uses include those allowed by a Specific Use Permit(SUP)in a One-Family Dwelling Unit(SP.7), (b) Detached living quarters are allowed only by SUP, (c) three (3) lighted signs advertising the development are deleted, and (d) costs of water and fees for improvements to be constructed by Homeowners Assxiation (H.O.A}are deleted (may be hardled by separate Instrument between City:utd Developer). r 2. All signs shall be in compliance with the City If Denton rign ordinance k , SECTION IV. Ths t the City's official zoning map is amended to show the des'gnatlon of { this zoning district classification. 17, C+ 1 Yp/lQ1Vp�FV.,y,f1164 „I,�1F41 OAWI,NO WY, Y tV. I SECTION V. That any person violating Any provision of this ordinance shall, upon conviction,be fined a sum not exceeding$2,000.00. Each day that it provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION IV. That this ordinance shall become effective fourteen(14)days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle,a daily newspaper published in the City of Denton, Texas,within ten(10)days of the date of its passage. PASSED AND APPROVED this the day of ` . 1999. JACK MILLER,MAYOR ATTEST: JENNIFER WALIERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY BY:'%�KGhdt� X F-G K } r. 3 6, Page 2 i i I r , LEGAL DESCRIPTION { 502.880 ACRES BEING A 502.880 ACRE TRACT OF LAND SITUATED IN THE WILLIAM SMITH SURVEY, ABSTRACT NO. 1182 AND 1187,THE MARY SMITH SURVEY,ABSTRACT No. 1181,THE SPENCER GRAHAM SURVEY,ABSTRACT NO.468,THE B.B.B.do C.R.R. SURVEY,ABSTRACT NO. 158,AND Tics:P.PIZANO SURVEY,ABSTRACT NO.994, DENTON COUNTY,TEXAS AND BEING PART OF TRACT I CONVEYED BY DEED TO VIOLET PROPERTIES ASSOCIATES,L.P.,RECORDED IN COUNTY CLERK'S FILE NO. 9S. 019203,REAL PROPERTY RECORDS,DENTON COUNTY,TEXAS. SAID 502.880 ACRE TRACTs WITH TRACT BEING MORE BEARING ARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: 13EGD MNO AT A 1/2" IRON ROD FOUND FOR THE NORTHWEST CORNER OF SAID TRACT 1, SAID POINT BEING ON THE SOUTTIF°AST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35-W(A VARIABLE WIDTH RIGHT-OF-WAY); THENCE,DEPARTING SAID SOUTHEAST RIGHT-OF-WAY,ALONG THE COMMON LINE OF AFORESAID TRACT I AND THE SOUTH LINE OF TRACT VOLUME 2470, AGE SAID DEED TO HILLWOOD/McCUTCHIN,LTD.RECORDED IN 678,DEED RECORDS,DENTON COUNTY,TEXAS,THE FOLLOWING THREE COURSES AND DISTANCES; SOUTH 89 DEGREES 57 MINUTES 58 SECONDS EAST, A DISTANCE OF 274.15 FEET TO A I/2"IRON ROD FOUND FOR CORNER; SOUTH 00 DEGREES 27 MINUTES 57 SECONDS WEST,A DISTANCE OF 497.64 FEET TO A 1/2" IRON ROD FOUND FOR CORNER; NORTH 89 DEGREES 58 MINUTES IS SECONDS EAST,A DISTANCE OF 2290.42 FEET TO A 112"IRON ROD FOUND FOR CORNER IN JOHN PAINS ROAD(A VARIABLE WIDTH PRESCRIPTIVE RIOHT-OF-WAY); THENCE NORTH 00 DEGREES 06 MINUTES 45 SECONDS WEST,WITH I F>B GENERAL DIRECTION OF JOHN PA ROAD,ALONG THE WEST LINE OF SAID TRACT'I,'AND INS THE EAST LINE OF SAID MLLWOOD/McCUTCIUN,LTD TRACT 11,A DISTANCE OF 3640.35 FEET TO A 1/2"IRON ROD FOUND AT THE INTERSECTION OF SAID JOHN ROAD(A VARIABLE WIDTH PRESCRIPTIVE RIGHT. OF-WAY),PANE OAD AND J HNi A OD NAIL HEARS NORTI! 6 DEGREES 41 MD UM 03 SECONDS WEST,A DISTANCE OF 9.319 FEET; May 21,IM 19. THENCE NORTH 89 DEGREES 44 MINUTES 44 SECONDS EAST,WITH THE GENERAL { DIRECTION OF JOHNSON ROAD,ALONG THENORTH LINE OF SAID TRACT 1,THE NORTHERNMOST SOUT11 LINE OF SAID HILLWOOD/McCU'I'CHIN,LTD TRACT I1, AND THE SOUTH LINE OF A TRACT OF LAND CONVEYED BY DEED TO ALBERT R. HUGHES,RECORDED M VOLUME 3129,PAGE 752,DEED RECORDS,DENTON COUN'T'Y,TEXAS,A DISTANCE OF 3083.72 FEET TO A 112"IRON ROD FOUND.AT THE NORTHEAST CORNER OF SAID TRACT I,AND THE NORTHWEST CORNER OF A TRACT OF LAND CONVEYED BY DEED TO L.Z.BROWN,RECORDED IN VOLUME 290, PAGE 382, DEED RECORDS,DENTON COUNTY,TEXAS; THENCE SOUTH 00 DEGREES 28 MINUTES 34 SECONDS WEST,ALONG THE EAST LINE OF SAID TRACT I AND THE WEST LINE OF SAID BROWN TRACro A DISTANCE OF 2769.75 FEET TO A S/8" IRON ROD FOUND AT THE SOUTHWE'iT CORNER OF SAID BROWN TRACT AND THE NORTHEASTERLY INTERIOR ELL CORNER OF SAID TRACT 1; THENCE SOUTH 88 DEGREES 19 MINUTES 00 SECONDS EAST,ALONG THE COMMON LINE OF SAID TRACT 1 AND THE SOUTH LINE OF SAID BROWN TRACT,A DI STANCE OF 2347AS FEET TO A I/2"IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID TRACT I AND THE SOUTHEAST CORNER OF SAID BROWN TRACT,SAID POINT LYING ON THE WEST LINE OF A TRACT OF LAND CONVEYED BY DEED TO WILLIAM T. SMITH AND WIFE,NONA SMITH,RECORDED IN VOLUME 284,PAGE 187, DEED RECORDS,DENTON COUNTY,TEXAS; THENCE SOUTH 00 DEGREES 32 MINUTES S8 SECONDS WEST,ALONG THE COMMON LINE OF SAID TRACT 1 AND SAID SMITH TRACT,A DISTANCE OF 148.29 FEET TO A 2" IRON PIPE FOUND IN THE NORTHWEST RIGHT-OF-WAY OF LINE OF AFORESAID TEXAS AND PACIFIC RAILROAD(A 100 FOOT RIGHT-OF-WAY); THENCE SOUTH 27 DEGREES 34 MINUTES 34 SECONDS WEST(BEARING BASIS), ALONG SAID NORTHWEST RIGHT-OF-WAY,A DISTANCE OF 1746.79 FEET TO A POINT FOR CORNER, SAID POINT LYING ON THE NORTH LINE OF CITY LIMITS FOR THE CITY OF AROYLE AS DESCRIBED IN VOLUME 794,PAGE 388,DEED RECORDS, DENTON COUNTY, TEXAS; I THENCE NORTH 89 DEGREES 48 MINUTES 30 SECONDS WEST,OVER AND ACROSS SAID TRACT I AND ALONG SAID NORTH LINE OF THE CITY OF ARGYLE,PASSING AT A DISTANCE OF 45 84.09 FEET THE NORTHERLY NORTHWEST CORNER OF SAID CITY OF ARGYLE AND CONTINUING IN ALL A TOTAL DISTANCE OF 4609.09 TO A POINT FOR CORNER IN WEST LM OF AFORESAID JOHN PAINE ROAD AND BEING 23 FEET EAST OF THE WEST LINE OF THE CITY OF LIMITS OF THE CITY OF ARGYLE AS DESCRIBED IN SAID INSTRUMENT- ✓' t:vw,wiu.owt.i;�uoao�u��umtxrot+sxs May 21,Im 20. � I i f I i THENCE SOUTH 00 DEGREES 08 MINUTES 54 SECONDS EAST,WITH SAID WEST LINE OF JOHN PAINE ROAD AND 25 FEET WEST OF AND PARALLEL-TO THE SAID \ WEST LINE OF THE CITY UMITS OF THE CITY OF ARGYLE, A DISTANCE OF 767.10 FEET TO A POINT FOR CORNER, SAID FOINT LYING 25 FEET NORTH OF THE NORTH LINE OF THE SAID CITY LIMITS OF THE CITY OF ARGYLE AS DESCRIBED IN SAID INSTRUMENT; THENCE SOUTH 89 DEGREES 57 MINUTES 52 SECONDS WEST,WITH THE NORTHERLY LINE OF CRAWFORD ROAD(A VARIABLE WIDTH PRESCRIPTIVE RIGHT-OF-WAY)AND 25 FEET NORTH OF AND PARALLEL TO THE NORTH LINE OF THE SAID CITY LIMITS OF THE CITY OF ARGYLE AS DESCRIBED IN SAID INSTRUMENT, A DISTANCE OF 2350.97 TO A POINT FOR CORNER IN THE EAST LINE OF A TRACT OF LAND CONVEYED BY DEED TO JOB T.SIMPSON AND SPOUSE, BA!(BARA). SIMPSON,RECORDED IN VOLUME 3097,PAGE 570,DEED RECORDS, DL•NTON COUNTY,TEXAS; IMENCE NORTH 00 DEGREES 06 MINUTES IS SECONDS EAST,ALONG THE WEST LINE OF SAID TRACT 1 AND THE EAST LINE OF SAID SIMPSON TRACT,A DISTANCE OF 372.84 FEET TO A $18"IRON ROD FOUND AT THE NORTHEAST CORNER OF SAID SIMPSON TRACT; THENCE NORTH 89 DEGREES 47 MIN171"ES 03 SECONDS WEST,ALONG THE SAID WEST LINE AND THE NORTH LINE OF SAID SIMPSON TRACT,A DISTANCE OF 199.88 FEET TO A I"IRON PIPE FOUND AT THE NORTHWEST CORNER OF SAID SIMPSON TRACT M THE EAST LINE OF A TRACT OF LAND CONVEYED BY DEED TO JED ARTHUR COOPER AND WIFE,CAROL JOY COOPER,RECORDED IN VOLUME 3097,PAGE 459,DEED RECORDS,DENTON COUNTY,TEXAS; THENCE NORTH 00 DEGREES 12 MINUTES 13 SECONDS EAST,ALONG SAID WEST AND EAST LINES,A DISTANCE OF 428.63 FEET TO A 1/2" IRON ROD FOUND AT THE NORTHEAST CORNER OF SAID COOPER TRACT; THENCE SOUTH 89 DEGREES 43 MINUTES 30 SECONDS WEST,ALONG SAID WEST LINE,THE NORTH LINE OF SAID COOPER TRACT,AND THE NORTH LINE OF A TRACT OF LAND CONVEYED BY DEED 10 DOUGLAS TURNER AND WIFE, JEANETTE,RECORDED IN VOLUME 643,PAGE 4430 DEED RECORDS,DEMON COUNTY,TEXAS,A DISTANCE OF 437.36 FEET TO A 2"IRON PIPE FOUND IN.THE EAST LINE OF TRACT IV CONVEYED BY DEED TO HILLWOOD/MOCUTCHIN,LTD., RECORDED IN VOLUME 2470,PAGE 676,DEED RECORDS, DENTON COUNTY, TEXAS; r THENCE NORTH 00 DEGREES 28 MINUTES 31 SECONDS WEST,ALONG SAID WEST h S I lSLM WILLO'ALKW190040 MDATAI 040N M Mry 91,1999 21 . (i t LINE AND THE EAST LINE Or SAID TRACT N,A DISTANCE OF 499.36 FEET TO A 1" o / IRON ROD FOUND IN THE AFORESAID SOUTHEAST RIGHT-OF-WAY LINE OF INTERSTATE HIGHWAY 35-W(A VARIABLE WIDTH RIGHT-OF-WAY); THENCE ALONG SAID WEST LINE AND SAID SOUTHEAST RIGHT-OF-WAY,THE FOLLOWING THREE COURSES AND DISTANCES: NORTH 29 DEORF,6S 23 MINUTES 45 SECONDS EAST,A DISTANCE OF 692.68 FEET TO A CONCRETE MONUMENT FOUND FOR CORNER; NORTH 23 DEOREFS 59 MINUTES 37 SECONDS EAST,A DISTANCE OF 201.38 FEET TO A CONCRETE MONUMENT FOUND FOR CORNER; NORTH 29 DEGREES OF BEGINNING AND CONTAINING$02 880 ACRES OF 8 FEET TO THE POINT a LAND,MORE OR LESS; SURVEYORS CERTIFICATE I I,MICHAEL J.BAITUP,REGISTERED PROFESSIONAL LAND SURVEYOR IN THE STATE OF TEXAS,DO HEREBY CERTIFY THAT THE HEREON LEGAL DESCRIPTION ACCURATELY REPRESENTS THE DESCRIBED PROPERTY AS DETERMINED BY A SURVEY,MADE ON THE GROUND UNDER MY DIRECTION AND SUPERVISION AND VON IRON RODS CAPPED "CARTER A BURGESS"HAVE BEEN SET AT ALL BOUNDARY CORNERS, UNLESS OTHERWISE NOTED.THE MONUMENTS OR MARKS SET,OR FOUND,ARE SUFFICIENT TO ENABLE RETRACEMENT, 9 ' Q DATED:—5 11f�tttf�Ifflf �EL J. BARUP . NNHIIp1f 111H�1. 4674 MICHAEL J.BAI (Q REGISTERED PRO ESSIONAL LAND SURVEYOR TEXAS REGISTRATION N0,4574 . I i .✓ ( �:1S1.�W0.LOWU(19tMW6�lS0.�7A�DENTOIt}TIS ( � MIr 71,1999 22, i 1 t I r l wi��ow �ax�s �, 101 Adl[f OO®71 Y't1�14ti nn w�s 71.n1NAM ule unt WO.I NI p 1atl Q 10060"m a" 1 AM L'O3�k�141�T a IM111LL}IOfOO11YL 111 ow ® PM.--,M 1tit1 M 1a/ • YI[NtY LL1P C IC3 w"uw M ou 1 R /MI qYl . � , 1 I �-� M.P 1104 • i r f n ` 1 � N ' til }aq N n.i 1r/ i .. S mu 1� ., , ol / S 1r rur.0 r WILLOW LAKES of toy rgtIt" � �'� Mil mu" owl NO mtm w" mmm�� rm W"s a�natow wul I t�'"11�a, {i i ti1w0��'.�'ai�1'vt P II M uroal 11 M Y11 �1oi.K�1 i 1a.1 it1; M1 saw i r . • r. ttcKC, ingle•fsmily land uses and other uses permitted in "SF- ', One Fsmily ( Dwelling District. The development shell be designed to be pedestrian and neighborhood friendly. Car fti fc will be discouraged and biking and walking will be encouraged. Neighborhood centers will be utilized to draw the community xgcther. 'The Devcioper must submit a landscape plan with the final plus showinS the plantings for the landscaped arcs.adjacent to any street. rQNCFPT PLI,N: Development must conform to the Development Pia', attached hereto and incorporated heroin as Exhibit"A". McOnsuin nomber of slagle•fandly lots of 1,875(3.72 lots per acre): 1 SO Minimum: 8,400 square feet or lager lot size 600 Minimum: 7,000 square fat or larger lot size Balance: 5,500 square fat or lager lot size Min Lot Size: 8,400 of 7,000 of 3,500 of Min Lot Width: 70' 60' SO' Min Lot Depth: CZ71MM> <�- , Max BIds Coverage: 50% 50% Open Space per Lot 20% 209L 20% I Front yard setback: 25' 20' 20' t Rear yardset•back: 20' iS' t0' Side yard setback 1' S' S' Max Height 36' 36' 36' Enclosed Ganges: front of house.eMusttbbe flush or behind) 2 car 2 cu 2 ear MasonryrequitemenN 8095 80% 80% *So% of the surface area of all exterior wouLl excluding dormers, gables, porches, windows, doors, and bay windows. Masonry tociudee brick,stone,stucco,dryvut,hardy plunk or other concrete product. tuched living quarters Allowed Allowed Allowed U1 110me office Alleys. Not required Not required Not required LA Dc AS IM, Landscape requirement per existing City Ordinance but each lot must plant at lent (1) 4" see messured'i6"above the ground in the planting am between the sidewalk sad the stmt ROADS The perimeter Collector roads will conform to d e DnR Derstoti Comprehensive Plan for residential avenu! Collector streeu, except single-family residential car yesd bmtsge (no weta) will be aIIrwed. The one interval A, t collector road, which will scows the school and neighborhood cintef, will be comird" using the City's current i{ ordinance except for the following: 6S foot RA.W.,two 6' platting areas ad UMI 10 the garb, one side of the road mil have an 8' sidewalk ind the other side will have a 4' sidewalk.,W*nW residential streets will be built ucarding ti to existing ordinances; except them will be a S' planting area between the sidewalk and street paving. Some trafAc 24. c� circles,u described in the Drag Benton Coin hensi Plan,shall be Wind to reduce aloe direct can hulld rdads TRAI Trails located on residential streets oWl be a,wide. Where a re on one side of a street; no sidewalk Is required on the oppaite tide. Tmas locoed along parka, takes,and upm space or between Iota shall be of a width and material (material lea intrusive and less axpentive thar em mu) apeed to between the Pads Department and Developer. 7Ws,lull lead to the nelghborhoW centers,schools,parks and o xm space$. GENERAL I. All sidewalks shall be S'wide unless designated a trail. 2. All mailboxes,stmt loos Ind light poles will be"dwmed"to match and differendati the development. 3. The Developer or a Witter in the project L allowed to hWal yea sips s advarthIn' the development. One on WSW&M two(2)on S.H.777 '=x roloarin 4. Allow the instillation of entry features(sipap)and landeapimg In the City P.O. S. Provide water to the H.O.A. at eat. 6. No City fees required for any imptovementi built tot the H.O.A. fi 25. Vi a } t. AGENDA INFORMATION SHEET Apeirdl Uam� AGENDA DATE: June 15, 1999 -g Q�• DEPARTIIIFNTt Planning Department CM/DCMIACd1: David Hill, 349-8350 SUBJECT-Z-99-035: (Denton County Pre-trial Detdntion FariliOJ Hold a public hearing and consider amending the various conditions of Ordinances 89.171, 92- 033, 94.126, and 96-048 as they apply to the entire 64.4155 acre Denton County property by creating one Light Industrial (LI) zoning district with consistent restrictions. The request is to allow the location of correctional facilities by right. The site is located on the south side of McKinney Street and west side of Woodrow Lane, The PIanning and Zoning Commission made no affirmative recommendation (2-2, Powell abstained,Ganzer and Gourdie absent), BACKGROUND ➢ Denton County is requesting to remove the requirement for a specific use permit for correctional facilities before proceeding with the construction of a new 125,000 square foot, one-story pre-trial detention facility. The plans also include the construction of a small barracks structure and an office building for the sheriff's department (see Attachment 1 Enclosure 1l). Y The subject property was rezoned to Light Industrial (LI) with conditions on four separate occasions between 1989 and 1996 (see Attachment 1 - Enclosure 2). Correctional facilities are allowed by right within a straight Light industrial (LI) zoning district. However, such land use Is restricted on the subject properly by the applicable ordinances. Specifically, where Denton County is proposing to locate the pre-trial detention building, correctional facilities are prohibited outright or permitted only with a specific use permit. Y The area around the McKinney Street and Woodrow Lane Intersection has evolved into a node for inslimt:nnal and business land uses over the past decade or so (see Attachment I Enclosure 2). Development has recently accelerated with the completion of the Denton County Courthouse. Light Industrial (LI) zoning districts totaling three hundred and sixty- six (30) acres are located immediately south and southeast of the site, they are mostly undeveloped. The intersection of McKinney Street and Woodrow Lane is a center for retail establis:iments. Offices have been co tstructed along McKinney Street In front of the subject property and on the cast side of Woodrow Lane south of McKinney Street. A half acre tract located at 115 Woodrow Lane was rezoned just last month (May 1999) to a conditioned Commercial (C(c)) zoning district; The properly owner is proceeding with the platting of t this property to construct a pawnshop. A f1 Y However,businesses do not encompass the Denton County site, The area west of the Denton County property remains an established neighborhood. Just south of the Denton County property across the creek, the Denton Independent School District constructed the Tomas Rivera Elementary School in 1994, 'The City of Denton located the Martin Luther King Recreational Center across from this elementary school. r CONSISTENCY WITH COMPREHENSIVE PLAN ➢ The proposed rezoning Is Inconsistent with the policies of the 1988 Denton Development Plan (DDP) as applicable (see Attachment 1 - Enclosure 6). The 1988 Denton Development Plan (DDP) identifies this area as a Low Intensity Area. These areas are Intended to be developed primarily frr single-family residential land uses. Despite this primary intent, the City has rezoned the subject property to accommodate the expansion of Denton County facilities on four previous occasions. And contrary to the intent of the 1988 DDP, the character of the area has changed from being predominantly agricultural and residential in nature to an employment center. Y The proposed rezoning appears to be mostly consistent with the adopted 1998 Denton Plan (DP) Policies and the 1999 Growth Management Plan and Strategies (see Attachment 1 - Enclosure 7), The Growth Management Plan shows this property to be within an Institutional Area. These areas are to accommodate governmental activities. This particular Institutional Area acknowledges the location of Denton County facilities. Thirty-six (36) property owners were rotified of the request on May 14, 1999. As of this writing, there have been twelve (12) responses (see Attachment 1 - Enclosure 9 and Attachment 4). Six are in-favor, one is neutral, and four are opposed. One response fails to indicate any position. The opposition rtpresents less than five percent of the land area within two hundred feet of the site, In addition to the legal notices sent to property owners, one hundred and forty (140) letters were mailed to residents within Soo feet of the subject property to notify them of the public hearing and of a neighborhood meeting (see Attachment I - Enclosure 8). SIGNIFICANT ISSUEi EMINENT DQbM Y The City can not control the location of Denton County racilities by zo dng regulations. The Texas Legislature grants ita political subdivisions, such as municipalities and counties, the power of eminent domain, Denton County exercises its power of eminent domain to condemn and acquire land to locate its facilities,much like the City of Denton. According to a ruling by the Texas Attorney Gencrai, a municipal zoning ordinance which conflicts with or is inconsistent with state legislation is invalid, Thus, if the city doer not approve the request to Wow correctional facilites on the site. it will effectively be in conflict with state legislation. Denton County will be able to proceed without having the zoning In place. 1! Y Eminent Domain fs not absolute. The county can not arbitrarily locate its facilities. It must show that its actions are reasonable. In this case, the county has explained that the location or the pre-trial facility immediately behind the counhouse will provide a secure environment for housing individuals who are scheduled for trial without the need to transport them from one location to another. The proposed pre-trial facility will be connected to the courthouse by way of an enclosed "secure connection." This appears to be a reasonable argument for the siting of the facility on this property, ! PRIOR ACTIO.&RE.VIEW J' 1F v The following Is a chronology of Z-99-035,commonly known as Denton County Pre-trial Dotention Facility, Application Date- April 26, 1999 PA7, Date- May 26, 1999 2. ESTIMATED PROJECT SCHEDU _t' The county intends on proceeding with construction of the proposed facilities within the coming year, It will begin start with the small barracks followed by the Sheriffs office building. The pre-trial detention facility Is scheduled to be built in about a year. The property is already platted. The next step in the development process for the County is to apply for building permits. FISCAL INFORMATION i Development of this property will not require any short-term public improvements that are the icsponsibiiity of the city. 4s a form of tonll develop meni,no extension of public infrastructure { is necessary to service this site. P& . SUGGESTED RECOMMENDATIO N The PIanning and Zoning Commission consideration of this item resulted in a tie vote (2-2). This action constitutes no recommendation to the City Cotmcil on this request: This is not a denial. The affirmative vote of only four Council members is required to approve this rezoning. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny, 4. Postpone consideration. S. Table item. ATTACHMENTS I 1, Planning and Zoning Commission Report,May 26, 1999,Z-99.035, 2. Planning and Zoning Commission minutes ftom May 26, 1999. 3. Draft Ordinance. 4. Additional Property Oamer Responses. Respectfully submitted bav ilt sistant City Manager of Development Services Prepared by; L4 ayne R ed / Planner 3. F • 1 N. WE l Jt ,* .... lllil' _%kcihl 1 .. "Ay iii ��►�T-I) iiviw '�•7 : ;;:,ICI 'W . o J p �J 'T wit. `�• ,��'� � sf • ,.�Y` � � 5:11 :i � .. � I I I l � i li I , Applicant: Owner. Joseph Santopetro Kirk Wilson, County Judge DiStefano and Santopetro Architects Denton County 110 W. Hickory Street, Room 207 Houston, TX 77082.2710 Denton, TX 76201 Denton County Is requesting to remove the requirement for a specific use permit for correctional facilities before proceeding with construction on a new 126,000 square foot, one-story pre-trial detention facility. The plans also Include the construction of a small barracks structure and then an office building for the sheriffs department(see Enclosure 11). This area around the McKinney Street and Woodrow Lane has evolved Into a c6iter for Institutional and business land uses (see Enclosure 2), This pottem started a decade or so ago and has recently accelerated with the completion of the Denton County Courthouse, The sub)ed property was rezoned to Light Industrial (LI) on four separate occasions between 1989 and 1998. Each rezoning corresponded with the expansion of Denton County facilities, There are two other Light Industrial (LI) zoning districts on the east side of Woodrow lane that were establshed In 1977 and 1965 that have remained largely undeveloped. The City of Denton's Animal Control Facility located south of the existing correctional facilities on the east side of Woodrow Lane is In another Light Industrial (LI) zoning district. Office and commercial businesses have started to locate around the Denton County site, Some office buildings have located in front of the Denton County site on McKinney Street, A few law offices have been built along the east side of Woodrow Lane Just south of McKlnney Street within recent years. A half acre tract further down Woodrow Lane from these offices Is a property recently rezoned to Commercial (C) for a proposed pawn shop (Z-99-017, 116 Woodrow Lane). The remaining tracts along the east side of Woodrow Lane are undeveloped, except for one single-family dwelling. The intersection of McKinney Street and Woodrow Lane Is a center for retail development. Three of the corners(northwest, northeast and southwest)have been developed with retail establishments The former Food Lion structure on the northwest comer remains vacant, an existing convenience store Is on the northwest comer, and another convenience store and gas station is under constnlction on the southwest corner, However, businesses do not encompass the Denton County site. The area west of the Denton County property romalns en established neighborhood. Just south of the Denton County property across the , crook, the Denton Independent School District constructed the Tomas Rivers Elementary School In A 1994, The City of Denton located the Martin Luther King Recreational Center across from this ! le elementary school G99 035 P2 Staff Reportda r 1 ' I I � II' � I F 8 Denton Development Plan Analysis 1988 Denton Development Pian (DDP)identifies this area as a Low intensity Area. These areas are intended to be developed primarily for single-family residential land uses. As such, staff finds , the proposed rezoning is inconsistent with the primary policies of the 1986 Denton Development Plan (DDP)as applicable (see Enclosure 6). Contrary to the Intent of the 1988 DDP, the area has developed as an employment center,spurred on by the construction of several Denton County facilities, particularly the new County Courthouse. Many businesses have moved Into the Immediate vicinity as a result of this growth. Thus, the character around the Woodrow Lane and McKinney Street Intersection has shifted dramatically from being predominantly agricultural or undeveloped and residential to general retail, offices, Institutional and light Industrlal. 1998 Denton Plan Policies Analysis The 1998 Denton Plan (OP)Is to be used in conjunction with the 1988 Denton Development Plan In evaluating the consistency of proposed development with the long range vision for the city. In contrast to the inconsistency of the proposed rezoning with the 1988 DDP policies, It Is consistent with most of the adopted 1998 Denton Plan (DP) Policies and the 1999 Growth Management Plan and Strategies. The 1998 Denton Plan (DP) Growth Management Plan shows this property to be within an Institutional Area. These areas are to accommodate governmental activities. This particular Institutional Area acknowledges the location of Denton County facilities. Staff finds the proposed development to be consistent with the policies of the 1998 DP (see Enclosure 7). A Commercial Arwe Is located to the east on Woodrow Lane. These areas are Intended to accommodate business at key nodes throughout the City. The McKinney Street and Woodrow Lane/ Audra Lane Is one such node. Currently,the primary businesses along this portion of Woodrow lane are offices. An Existing Residential Pattern Area Is located to the west and south of the Denton County property. The plan recommends that existing neighborhoods within the City be protected and preserved. Residential neighborhoods are very close In proximity to the Denton County facilities. 1. Transportation A. Trip generation The proposed land uses compared to the existing permitted ones will not Increase the potential trip generation from this property. ,' B. Access The Denton County property already has access onto Ruddell Street, Woodrow Lane and McKinney Street. Z-99 035 v2 41aR ftnot.dot 6, 1 c I I I I i i C. Road Capacity ' 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)lanes of through traffic. As such, Its designed traffic capacity would allow for a tolerable traffic flow of up to 27,900 tips per day. McKinney Street In front of the subject property was recently widened to four (4)lanes with a turn lane without parking. As such, its designed traffic capacity allows for a tolerable traffic flow of up to 19,100 trips per day. The most recent traffic counts along this portion of McKinney Street Indicate that there Is existing congestion end that traffic Is at or over Its designed capacity limit. Most notably, at the point of access onto McKinney Street from the Denton County property, the most recent traffic count recorded 25,435 trips. The most recent traffic count on McKinney Street west of Woodrow LanslAudra Lane observed 20,629 trips and east of Woodrow LanelAudrs Lane counted 20,908 trips. These traffic counts Indicate that there Is not adequate capacity on this street to handle any additional trips that avid be generated by the proposed facilities or for that matter any new development along McKinney Street without compromising the level of service (LOS). Woodrow Lane is Identified as a secondary major arterial road by the 1998 Denton Moulifty Plan. This road is designed to be a four (4)lane undivided street without parking, providing tour (4)lanes of through traffic. It Is currently constructed to this standard with a turning lane. As such, Its designed traffic capacity allows for a tolerable traffic flow of up to 14,900 trips per day. A traffic count on Woodrow Lane south of McKinney Street counted 10,695 trips and on Audre Lane north of McKinney Street another one counted 8,177 trips. These traffic counts Indicate that there is adequate capacity on Woodrow Lane to handle the calculated trips that could be generated by the proposed development. Both Ruddell Street and Hickory Street at this location are ldentifled as collector sfreets by the 1998 Denton Mobility Pion, This street type Is designed to be a four(4)lane undlvided abut with parking, providln,j two(2) lanes of through traffic. As such, the designed traffic capacity for both 1 of these roads allows for a tolerable traffic flv.,i of up to 7,600 trips per day. Ruddell Street and Hickory Street are currently constructed with four(4) lanes with parking, The most recent traffic count on P.uddell Street south of McKinney Street counted 1,692 trips,which Indicates that there Is adequate capacity to handle any additional trips that could be generated by the proposed facilities. Likewise, the most recent traffic count on Hickory Street east of Bel!Avenue counted 6,007 trips, which Indicates that there is adequate capacity on this street to handle any additional trips that could be generated by the proposed facilities. D. Pedestrian Linkages Sidewalks along all public atraels are required. The property Is already platted, Therefore, nev development on this site would not trigger the necessity to install sidewalks along any public road where there Is not one currently. Currently,there Is no sidewalk along Ruddell Street. This would be a benefit to the residents In that nelghborhood and the general pubtio If Installed. 2, Utilities ' ; ,a; , Thla site hr,s access to existing water and sanitary sewer lines(see Encisure 3); 9 99 035 PZ SIal"L otdoc 7. c F rainage and Topography ew development will be required to design and construct a drainage system to city standards.preliminary drainage study will be required with the submission of a preliminary r!et. The study must Include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property. The developer must Indicate the method by which the run- off will be carried across the property or stored on the property. 4. Signs As per the sign ordinance. 5. Off-Street Parking New development must provide parking according to the regulations of Chapter 35(35-301)of the Code of Ordinances, 8. 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 (planlable area). The County has stated its Intent to comply with this code and to continue the same standard of landscaping as It provided for the Courthouse (see Enclosure 10), 7. Open Space and Recreational Areas Nonresidential development Is not required to participate In the development of public recreational areas. 8. Lighting There are no lighting restrictions In Light Industrial (LI)zoning districts. January 14, 1989 —The subject property was placed In Single family 7 (SF-7), Multi-family 1 (MF-1) and General Retail (GR) zoning districts and land use classifications by Ordinance 69-01 which adopted the first zoning ordinance and map for the City of Denton. December 5, 1989—The northeastern most 7,7638 acres of subject property adjacent to Woodrow Lane were rezoned from Multi-famlly 1 (MF-1)zoning district to a Light Industrial(LI) zoning district land use classification by Ordinance 69.171,amending the zoning ordinance and map for the C;ty of Denton (see Enclosure 2). March 3, 1992—Another 19.67 acres of subject property was rezoned from a Multi-famlly 1 (MF-1) zoning dlslrict to a conditioned Light Industrial (LI(c)3)zoning district and land use classification by Ordinance 92-033, amending the zoning ordinance and map for the City of Denton(see Enclosure 2). The condition requires A specific use permit(SUP)for correctional facilities. NA 015 PZ stall 0.er&t da s. j III I { June 2, 1998— Another 17.9335 acres of subject property was rezoned from a Single family 7 (SF-7) zoning district to a conditioned Light Industrial (LI[c] 14)zoning district and land use classification by Ordinance 94.126, amending the zoning ordinance and map for the City of Denton (see Enclosure 2). The ordinance states that the property may only be used for "public buildings for local, state,or federal governments, and professional and administrative offices." This ordinance does not directly prohibit correctional facilities, as they are public buildings, but It could be interpreted as such. March 5, 1996—Another 5.4912 acres of subject property was rezoned from Single family 7 (SF-7) and Multi-family 1 (MF•1) zoning dislrkls to a oonditloned Light Industrial(Li(c] 32)zoning district and land use classification by Ordinance 98-048, amending the zoning ordinance and map for the City of Denton (see Enclosure 2). The ordinance states that the property may only be used for 'public buildings for local, state, or federal governments,and professional and administrative offices.' This ordinance does not directly prohibit correctional facilities, as they are public buildings, but It could be Interpreted as sucn j The subject property Is platted. Denton County can initiate construction after receiving building permits, Notice of the zoning request was published In the Denton Record-Chronicle on May 16, 1999. Thirty six(36) property owners were notified of the request on May 14, 099(see Enclosure 4). As of this writing, there have been eight responses (see Enclosure 9). Four are in favor and three are opposed. The last response failed to Indicate a position. The opposition represents less than five percent of the land ared within two hundred feet of the she. In addition to the legal notices to property owners, one hundred and forty letters were mailed to residents within 600 feet of the subject property notifying them of the public hearing and neighborhood meeting, A neighborhood meeting was held on Thursday, May 20, 1009, at the Martin Luther King Recreational Center. A total of sixteen people attended the meeting, Including three representatives of Denton County (see Enclosure 8). The residents' questions were mostly concerned with the perception of safety and health. Denton County Sheriff Weldon Lucas assured the residents that he would continue to work hard to maintain a secure correctional facility as he has In the past. He cited that there has been only one (1) escape from the existing facili+Jes since 1998. Moreover, he talked about measures that he implemented over the years based upon Input of residents from the surrounding neighborhood, Including the installation of a fence with barbwlre on top around the existing correctional facility and the implementation of a rapid police response program. This po!ice response was speclf}caliy created to immediately send police officers to Tomas Rivera Elementary School to protect the children and patrol the grounds in the event of an escape. This rapid response was successfully carried out during the one escape, said Sheriff Lucas. The county officials concluded by discussing some of the features of the proposed pre-trial detention facility that are targeted to secure the Inmates. The residents did not express direct support for the county's proposal but expressed thanks for arranging the neighborhood meeting to provide them with an opportunity to ask questions. Many residents stated that they Intended on attending the public hearings. 297 D75 Pz Sta9 Repatdn[ 9, i i i l J Staff recommends approval of Z-99-035 fore conditioned Light lndustdal (1-1)zoning district with the condition that the land uses be restricted to public buildings for local, state, or federal governments, Including correctional facilities, and professional and administrative offices. Though the request Is Inconsistent with the policies and plan of the 1988 DDP, it is consistent with the policies and growth management plan of the 1998 DP (see Enclosures 6 and 7). More Importantly, the City does not have the ponce power to prohibit the County from constructing correctional facilities. The Texas Attorney General has ruled that a municipal zoning restriction can not prevent a cuuntl, government from exerclsing its authority to provide public services, Including correctional facilities. The reasoning is that zoning ordinances could conflict with state statutes, Including the power of eminent domain. The county Is given the right of eminent domain to condemn and acquire land for the construction of a correctional. The county must show that the location is reasonable, not arbitrary. In this case, the county has explained that the location of the pre-trial facility lmmedlately behind the courthouse will provide a secure environment for housing Individuals who are scheduled for trial without the need to transport them from one location to another. The proposed pre-trial facility will be connected to the courthouse by way of an enclosed 'secure connection' as explained by line Sheriff Lucas at the neighborhood meeting. This appears to be a reasonable argument for the siting of the facility on this property. Staff recommends approval of 99-035 with the following conditions: 1. That only public bulldings fcr local, stale, or federal govemmenis, Including correctonal facilities,end professlonal and administrative offices be permitted. I 2. Sidewalk along Ruddell Street. I move to recommend approval of 99.035 with the following conditions: 1. 1 hat only public buildings for local, state, or federal govemments, Including correctional facilities, and professional and administrative offices be permitted. 2, Sidewalk along Ruddell Street. 1. Recommend approval as submitted. 2. Recommend approval with conditions. A 3. Recommend denial. 4. Postpone consideration, l , b. Table Item. I Z,99 475 i2 Stal Reportdct 10, r u r 1. Vicinity Map. 2. Zoning Map. 3. Utility Map. 4, 200' Property Owner Notification Map. 6. Denton Mobility Plan Map. 6. 1988 Denton Development Plan (DDP)Policies. 7. 1998 Denton Plan (DP)Policies. B. Neighborhood Meeting Sign4n Sheet. 9. Property Owner Responses (8). 1 D.letter from County Judge Jeff Moseley. 11.$!to Plan. Z."015 PZ SGT Reportox il. ENCLOSURE I A16 NORTH • 1 D: Denton pf VICINITY MAP Agenda Date: May 26, 1 M Seals: Nome - _ 1� w. g .• • q. i n� ��! t 111 r:unnl �I�. RIII1111}I� ril � ENCLOSURE 2 NORTH Z-99-1 . Denton A v ZONING MAP 11 A Agenda Date; May 20, 1999 Scale: None ENCLOSURE 3 NORTH . . i r : Denton low pow EXISTING UTILITIES M AP 4 Hydrants Agenda Date,. May 20, 1000 14. See* None u �M CIIIIIh�, •M� - . ENCLOSURE 4 NORTH Z-99-035 { • COUNTY PRE-TRIAL FACILITY)------ pf FER 500 FOO BUFF ENT 'I 1irf1 ^ ' rwr .r I f 1. �Iy • /yam I ♦. .drm Lod i ,L"'Y =s:id_I 200-500 FOOT NOTICE MAP As Agenda Date: May 20o 1099 ftels: None i r 1 . r. � I i ENCLOSURE 5 Z-99-035 (Pre-Trial Detention Facility — Denton County) N11f77N I r ■ ,p ..... ............... •ti R i 1 DENTON MOBILITY PLAN MAP N rreoways Primary Major Arterfals Secondary Major Arlerfats /V Collectors Agenda Date: May 26, 1999 16, Scale: None E7 U t ENCLOSURE 6 4, 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. Nelghboncc.ads al a to be serviced by a network of small commerclaVretail centers spaced at about %a mile Intervals w4h direct ac oess 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 the primary policies of the 1988 DDP. The table below provides a summary of the 1988 Denton Development Plan policle: applicable: Denton Development Plan Policy Analysis Summary Low Intensity Area Development Rating vs. Policy POLICY COMMENTS b0ollsbent IMW~ Consistent Kant These areas eetxesent pAnwy housing areas widrtn tlk Oty. x intensity. To be consistent vMh the The property is already awed to peril Plan,r develo,n should not eaa l Its public D Ungs for foal,state,or federal altoated Intensity, go rrrner is and professional W adminlAraIJW off4m W(adlltY generate less traflk liver these sea x Site Plan Control. Strict property This At Is drectly adjacent to redder.Wl development control within 1,600 feet of Mnd use located to Ck rest. e,asting low density residential areas, x Traffic Design. Access should be ! I provided to ensure that mul -I&T y or nonresidential uses have access to oollectars or larger aterlals wlih no direct access dwouo residen0al streets. x Open Space. SuFrdent 9rcen space, Not appacetle. recreation l Whim and dMerstty of parks are provided. PutWc Partictpatlon. Input into A neighW oed meeldp was held an May planning by neigh *od mclatkns and 20, 1999,at the MLK RecreatSOnal Center. aundls Is encouraged. x land the Diversity. Non•resldenbal and atlm fdegdevelopnknt h encouraged to x Manufactured Housing. TMs form d Not ep;Aable. single•farnily housing may be cwnpatlbla with developments in the low Intensity areas subject to oond sure. Strip Commerdaf, Any form M Not applkable. canbnuous Nip conrrkrdal is strongv ! ' discouraged byor near low Intensity arras. A. r I-99-075 PZ Staff ReMtdoC 17. t i ENCLOSURE 7 i F1098Donton Plan Pollcles Analysls The 1998 Denton Plan (DP)Is to be useC In oonjunction with the 1988 Donton Development Plan in evaluating the consistency of proposed iavelopment with the lof I range vision for `he city. Staff finds the proposed development to tx- &onsleteni with most of the policies of the 1996 DP. The table below provides a summary of C-in 1998 Denton Plan Policies applicable to this project: Dentota Plan Poli yAns"lls Summary Development Rating vs. Pocky CATAGORY POLICY mmnisert C&IMMA Tr wport non. t«r rnaft o fin's Wr*"thorouphhrt Man. x R"IW AMM Nrwgerne A Pru x aptlrti�s operafiorr for ernergenty sr W provlarm and cow aervtoe x v� six AorrOesn,eect ryfkm Ox*b es u she oer,00n mib network rwo a. �►My 6dMks r« x } reldwtaf=6xarepes a mbb re of lane tms nrat bendR redde ft x At"and preserves odArg neyhbortoock x Pranotes bkyde art0 pedeAAan name wRhht and between+WghboRroods ro rldxs KMc+lr bipa � 6ovemmenf. E scotro es!nom rt I tbordn"6o vvAde ookeffedm x Pubtk tmo!mmwt Provides an opporbWry fbr publk opinion tt xVq N piar'nln9 prooese. x I � I 2-W111 PI R&I Report dot . Y i i c i i THE CITY OF DENTON PLANNING AND DEVELOPMENT DEPARTMENT [VLF—.A—SE SIGN-IN NEIGNBORNOOD MEETING—I-99.035 PLEASE PRINT YOUR NAME MAILING AbDRE S PHONE ORGANIZATION SIGNATURE NUMBER (IF ANY) Kit IT E r' CK-11 FILC C 11 X a0 -G 9� a C� 0 L fL I 4ogi ` g7'tt aoo H J o rlsidAbf ' i A p C4ee 3 ?� v� L«.tan:�I 1�+ �r.� tR4�1 Date: � �f� Cdun�� re���sen-rart.'t� es r 1 ' 1 I pIEASI SIGN-IM MEIN -Y-9$ 85 PLEASE P41 YOUR MIME M UNG A'QRESS NUMBER ORGANIZ ION SIGNATURE i ff 11q S. Cop,. a!( Q/rl.; C. AtAoj )$ft- (V ll� J. A c j a 73 tnJ, adl C��Pr.7y N o - i c LoaCOn:,t'SLY. rt_ CEdf'ft b.tr 'LO'9 I ` U c. ENCLOSURE 4 NOTICE OF PUBLIC HEARING Z-99-035 The Planning and Zoning Commisslon of the City of Denton -;All hold a pubro hearing on Wednesday, May 26. 11999, to consider amending the various conditions of Ordinances 89-171, 92-033,94-126,and 9 6-448 as they apply to the entire 64.4155 acre Denton County property by creating one Light industrial r (LI)zoning district with consistent restrictions. The request is (o remove the requirement fot.a specific use permit for fall facilities. It is located on the south side of McKinney Street and west side of Woodrow Lane (see map on backside). The purpose of the zoning change Is to remove the requirement for a specific use permit for jail facilities. 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 (204) feet of the subject property, the Planning and Zoning Commission would like to hear how you, feet about this zoning change request and Invites you to offend the public hearing. Please,In order for your opinion to be taken Into account, return this form with your comments prior to the date of the public hearing. (This In no way prohibits you from attending and participating In the public hearing.) You may fax it to the number located at the bottom,mail It to the address below,or drop N off in-person: Planning and Dawelopmenl 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 Involvement and comment. Prior to the public hearings, landowners within two hundred (200)feet of the subject property are notified of the zoning request by way of this nob'ce. The first public hearing Is held before the Planning and Zontn, Commission. The Commisslon is Informed of the 'percent of responses In support and In oppositlo�„ Second, the zoning petition Is forwarded to the City Council for final action providing the Commisson 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)peromt of the land 'area within two hundred (200)feet of the she 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 Lando weer opposition. Veass circle one: In favor of request Neutral to request bppof��est Comments: �`�-- Signature: Printed Name: � Q �.f%�. FIUME M ailing Add ress; —�1 GI l4�r1d�� Sf_ i rr 4 City,State Zip: be n v ' S a 0 WAY 21 Telephone Number. o �--- ✓, Physical Address of Property within 200 feet: LANNiNG S VVEMPMENT CITY OF DENTON, TEXAS CfTY HALL WEST • DEWOt4,TEXAS 76201 • 040.549,0350 • (f)040340.7707 zsoaas aoariorru.ex 21 ' r t r NOTICE OF PUBLIC WEARING Z•99-035 Tno Planning and Zoning Commission of the City of Denton wf0 hold a public hearing on Wednesday, May 26, 1999, to uonslder amending the various condillons of Ordinances 89-171,92-033, 94-120,and 96-048 as they apply to the entire 64.4155 acre Denton County property by creating one Light industrial r (LI) zoning district with consistent restrictions. Thai request is 10 remove the requirement fora specific M permit for Jail fadlities. ' It Is located on the south side of'MclOnrley Street and west side of Woodrow Lane (see map on backside). The purpose of the zoning change is to remove the requirement for a specific use permit for fall facilities. The public hearing will start at 5:30 p.m. in the City Council Chambers of City Hall located at 215 E. McWnney Street, Denton, Texas. Because you owh property wkhtn two hundred (200) feet of the subject property, the Planning end Zoning Commission would like to hear how you fee! about this zoning change request end lnm'tep wl th your fo attend the puWlc ileadng. Please, in order for your opinion to be taken Into account, return this comments prkx to the date of the public hearing. (!n no way prohiits you from atteg and participating lo the pub? hearing.} You may fax K to the number located el the twklom,mail it to the address below,of drop K ott In person: Planning and Development Department 221 N. Elm ST Denton,Texas 70201 Attn: Wayne Reed, Planner Il The zoning process Includes two public hearings designed to provide opportunities for citizen Involvement and czrimenl. Prior to the public hearings, landowners within two hundred (200)feet of the subject property afo notified of the zoning request by way of this notice. The first public hearing Is held before the PlanniRI and Zoning Commission. The Commission Is Informed of the 'perceht of responses in support arx: 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 Ietitioner 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 vt,'es of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of landowner opposition. Please circle one: In favor of request Neutral to request Opposed to request Comments. ECEIWE �l . D (} Si nature: MAY :0V 9 a 9 G Printed Name: Mailing Address: 4 /1� E e ' t� PiAMNINO 6 DEVELO°)dEN7 ; ,. City,State Zip: - ��pea "� ��.�—�� I Telephone Number Physical Address of Property within 200 feet i CiTY OF DENTON, TEXAS OTY OUt WEST DENTDfl,IEW 76201 • 940.340.6350 • (9 94o.s4sxlor z•so-0aszarrra'ce,doc ; , 22, C AY - 20 - SOV TWU 9 : 30 0 71 Mill le O PUBLIC HtARING Z-99-035 7114 . ; rMn 7mlB Ission of the City of Denton will ►old a HAo headr>d on Wsineeday, ' FAa 2tf;'i�?i} 0 00tialdeht7nding the Yorio s oondibons of Ordinance 6 X71,d2 8, �4 4�8.'artd s�ao. d�suy tQ ii} )tire 44.41:53 sore Oenion County'propprtY:fiX peatln�:orid llghl (ndyetilal ' (tl)2 w(ih restrk.Uons. Tr,k iequest Is to rertt4� 1e s nequirerrfent for' a epWfio ' F'yea pert-141! ;{a>l .facih ee, .ht is "ted on the •couch slide of McIftsy.Stre.t rjd weal ¢i¢e of Wrxxfrow: (see on backside). the po pose of the zor� change to remora the 's requtrgTfiit 11p1"8e' d petmlt Idr)all fachfties. Tf+e p( 114; will x;30 part► {n the City Council m §)cited t 2i5 S, 100006by.f Oentolj�jpiees.' pause you own proparty wfthin mom. huridrdri{2q ),feat of the Aut�s�`t' yrb Pfdr�rllny 'and ing Corrinvsslon would � ;4,h�1 hbW 1. -(e®t ibtjut this zant�t!i ' rlssijues!ah ti+vfiso you fo offend the pubwa homy. P 0 ,rder f your dpihfori to be toile iii! nt, re1 (I'Ihb form Y.tth your oanments prior to the dsei of they pub�p hearing. (This fn no w�y"' you kftbnd7},p s+id part+ctpatiny to the public hti�f+fn . pu m?y felt it ru tea nun�bkli lops 1p, No�;'mo t(6o Me adds Dalow:dffdmp it'otf P Land Pave.lopment Department �texas' 1#201' Alts' 7yayne ltsocl,Planner II The roninp; i,�ws incl+,ldes two'publlo hearings designed-to providr opP�fde's for 'cftixen in',-bhthwn. rid conxi�M.' Prior to'thi Oubllc hearings, landownars MhIft rwo tKin w (2W)fast of rite sisgJbot' . . . Lr(y tir'e lrbA}1td of the toning requeal Dy way Df thk not;Ge. Tho WstWo he is hold .bbfdris Ois;Vlonnl 10m, Xomho Comolselon, the Commiesiinl FnOMO V the portent of nsstror Go In auppurt end lini oppoolort, Second,the toning petition Ia'forryardo b thp,qty Gourticli for lino§ dctlq> plpvldIng the'Cohmisslon recommends approval should the Commiselon reeohunend d�n1a�'thv! may aa�l the request to the City Council, if owners of inors thin twenty (209 P"' 'nt, ti lend De §win two hundred(200)feat oohs alit 3U641 wrhten oppdshlori dun six out of 06.01 104 of Ih¢¢K*CouriiA era required to approye the zoning change. '('hose /i Ms are us@d'to c*11 ifs the iii d hags of landowner oppastdon. Please circle ono: '416+4A Neutral to request OpPospd to request 1 , ... .. . . . . . . tti i i i ...., , ,.,., , • 1. Sli►natuie. �� . Pdht�d(� ' Jd/tetR 1 ��d I-- ry ,. S , Tote tele l+D' GY tTl � b O4�rF�t ? iENT pfsb+t6 Fi►; �� � � , tlhyWdil A46N isl of PII;0 r, >a within 200 feet 'if e4-250994-1— 00 1t +`! r SAN, 7'�: lS' crr1 'W'IL MT • DENTON.TEW 10201 • M.340,435Q • :I -U ,$.40.rro1 j d+?�J' p. ,' ` 7 . -rarri���i�Mraraa , , ,., •�- drFtrSa� � r I i I I I I 1 E 1\1OTICE OF PUBLIC HEARING Z-99-035 The Planning and Zoning Commission of the City .4 Denton will hold a public hearing on Wednesday, May 26, 1999, to consider amending the various conditions of Ordinances 89.171, 92-033,94-126, and 98048 as they apply to the entire 64.4155 acre Denton County property by creating one Light Industrial (LI)zoning district with consistent restrictions., Tho request Is to remove the requirement for a.specific use permit for Jail facilities. . It is located on the souVi side of McKinney Street and west side of Woodrow Lane (see map on backside). The purpose of the zoning change Is to remove the requirement for a specific use permit for Jail facilities. The public hearing will start at 6:30 p.m. In the City Council Chambers of City Hall located at 216 E. McKinney Street, Denton, Texas. Because you own property wlthtn two hundred (200) feet of the subject property, the Planrring and Zoning Commisson would like to hear how you feet about this zoning change request and Invlfes you to attend tha pubfk hearing. Please,in order for your opinion to be taken into account,return this form with your comments prior to the dafa of the public hearing. (This in noway prohibtts you from attending and partic/pating In the public hea...ag.) You may fax it io the number located at the bottom, mail it to the address below,or drop it off In-person: Planning and Development Department 221 N, Elm ST Denton,Texas 76201 Attn: Wayne Reed, Planner Il The zoning process Includes two public hearings designed to provide opportunities for dozen Involvement and comment, Prior to the public hearings, landowners within two hundred (200)feet of the subject property are notified of the zoning request by way of this notice. The first public hearing Is held before the Planning and Zoning Commisslon. The Commisslon is Informed of the percent of responses in support and in opposition. Second,the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20)percent of the land Brea 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 opposlion, Please circle one: i In favor of request Neutral to request Opposed to request Common s: C v �IAY 2l} 1999 signa'ure: t� Printer) N e' ANNINO & DMOPMEN? Mailing A ress: l J 70-0 City,State Zip: 6&) Telephone Number: Physical A,jdrt— o', f' .nerve wlthln 200 feet: - CiTY OF'Of ;,r: v W4 L WEST • DENTON,TEXAS 76201 040.949.8350 • (F)949.349.7797 LD9 OJ 5 mo 1k j' 24 . t• c: NOTICE OF PUBLIC HEARING Z-99-035 The Planning and Zoning Commisslon of the City of Denton will hold a public hearing on Wednesday, May 26, 1999,to consider amending the various conditions of Ordinances 89-171,92-033,94.128,and 96-048 as they apply to the entire 64.4155 acre Denton County property by creating one Light Industrial (L 1) zoning district with consistent restrictions. The request Is to remove tha'requirement for a specific use permit for jail facilities. It is located on the south side of McKinney Street and west side of Woodrow Lane (see map on backside). The purpose of the zoning change is to remove the requirement for a specific use permit for fall facilities. The public hearing will start at 5:30 p.m. in the City Council Chambers of City Haft knated at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commis-;ion would tike to hear how you feet about this zoning change request end Invites you to attend the public hearing. Please, Li 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 participating in the public hearing.) You may fax it to the number located at tho bottom, matt 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 It The zoning process Includes two public hearings designed to provide opportunities for citizon Involvement and comment. Prior to the public hearings, landowners within two hundred (2m) feet o0 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•.oning petition is forwarded to the City Council for 4 final action providing the Commission recommends approval. Should the Corrunission 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 t.andred (200)feet of the slte submit written opposition, then six E out or seven votes of the City Council are required to approve the zoning change. These forms of* used to calculate the percentage of landowner opposition. Please circle one: In favor of request Neutral to request Opposed to request 1 Comments: ti r �c �f r„ E n lS Ilq-ly_� U L I �VAY 2 0 1993 Signature: fh�rilNG 3: DF.1'EIA�a1Eh7 Printed Name: --- -- Mailing Address: - e r r ' City, State Zip: - Le wig Telephone Number: ✓� Physical Address of Property within 200 feet: CITY OF DENTON, TEXA c CITY WALL WEST DENTON,TEXAS 78201 040.349.8350 (F)940,349.7707• I.19 035 200'Notfu.Aoc 25. t i t< i NOTICE OF PUBLIC HEARING Z-99-035 The Planning and Zoning Commission of the City of Denton will hold a public hearing cn Wednesday, May 28, 1999,to consider amending the various conditions of Ordinances 89-171,92-033,94.128,and 96-048 as they apply to the entire 6$.41165 J65 acre Denton County property by creating one ght IndusWal t (L I) zoning district with consistent roslrk ms. The request is to.remove the requirement for a specific use permit for jail facilities. It is located on the south side of McKinney Street and west side of Woodrow Lane (see map on backside). The purpose of the zoning change Is to remove the requirement for a specific use permit for jail facilities. 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 w0da two hundred (200) feet of the fubfect property, the Planning and Toning Commission would like to hear how you feel about this zoning change request andlnvftes you fn 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 fn no wayprohlbifs you from attending and particlpaUng to the public hearing.) You may fax dt to the number located at the bottom, mail It to the address below,or drop It off In-person: Planning and Development Department 221 N. Elrn ST Denton,Texas 78201 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 hearkVs, landowners within two hundred (200) feet of the subject property are wtified 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 zor ng petition is forwarded to the City Council for final actlon 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 Brea within two hundred (200)feel 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 opposl8on. Please circle one: E C B M in favor of request Neutral to request 0 as O Comments: 1r} I i t MAY 2 l )999 PLANNING 6 DMI,IPMENT Signature: Printed Name: / Mailing Address; D 12 �gb A' is City, Stale Tip: . '1 Sy,(5� ( ` Telephone Number: _ qyd IQ / • Physical Address of Property within 200 feet CITY OFDENTON, TEX4S C4WHALLwEST - DENTON,TEXAS 76201 • 940349.8350 (F)940.349.1701 2.09 035 200'Nolks dbt 26. c i NOTICE of PUBLIC HEARIN& 2.99-035 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, Ma/26, 1999, to consider amending the various conditions of Ordinances 89-171, 92-033,94-128,and 9e-048 as they apply to the entire 64.4155 acre Denton County property by creating one Light Industrial ' (LI) zoning district with consistent restr{ct{ons. The request Is to remove the requirement for a spedfic use permit for jati facilities. It Is located on the south side of MdOnney Street and west side d' Woodrow Lane (see map on backside). Tne purpose of the zoning change Is to remove the requirement for a specific use permit for;all facilities. The public hearing will start at 5:30 p.m. In the City Council Chambers of City Hall located at 2115 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would Eke 10 hear how you feel about this zoning change request and Invites you to attend the public hearing. Please, in order for your opinion to be taken Into account, return this form with your comments prior to the date of the public hearing. (This In no way prohlbks you from attending and parfWpating In the public heaft.) You may fax Ii to the number toreted at the bottom, mall It to the address below,or drop It off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Wayne Reed, Planner II The zoning process includes two public hearings d^signed to provide oppc-lunites for citizen Involvement and commenL Prior to the public hearings, landowners within two hundred (200) feet of j the subject property are notified of the zoning request by way of this nc'ice. The first public hearing is 11 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 fnai action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then eppsal the request to the City Council. If owners of more than twenty (20)percent of the land area within two hundred(200) feel of the site submit written opposition, then six out of seven votes of the City Councll are required to approve the zoning change. These forms are used to calculate the percentage of landowner opposition. Please circle one: n favor of request Neutral to request Opposed to request Comments: I Signature: l Printed Name: _ U 1 �!AY Mailing Address: ` City, State Zip: PLANi itiA �a ' Telephone Number. -W _�G�l '~ gfyFtgovt lVr Physical Address of Property within 200 feel' `r1Lz-, CITY OF DENTON, XAS r.r rY HALL MST - DEHr0N,7EXA3 78201 6940.349,8350o (F)G404401797 L99035200'rkUCa.Coc 27. F 1 ' i I� 1 i NOTICE OF PUBLIC HEARING z-98-035 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 26, 1899, to consider amending the various oenditions of Ordinances 119.171,92.033,94-128, and 98.048 as they apply to the entire 64,4155 acre Denton County a creating I zoning prop (t•) district property by . one L hl 9 with consistent resir1c11ons, The request 1s to remove the requirement Industrial use permit for )aii facllitles. It Is located on the south aide of McKinney Street andt fwest side of Woodrow Lane (see map on backside). The purpose of the zoning change is to remove the requirement for a specific use permit for jail facilities. The public hearing will start at 6:30 p.m. in the City Council Chambers of City Ball located 215 E. Mclgnney Street Denton, Texas. Because yotl own properly wkhfn two hundred (200) feet of the subject property, the h'lannJng and Z'oning Canmisslov Nrould tike to hear how to 2uning change request and invites you to attend the u6 110 lee You teal about tlrls be taken into account return this form with your eorrvpnants pr}o thaldete ref the pub c pearl„g'nt{Tnls II !n no way prohibits you from attending and parfklpating!n the public heArinp,) You may tax it to the number located a!the bottom, mat?It to lha addi ess bolow,or drop It off in_lerson: Planning and Development Department 221 N.Elm ST Denton, Texas 7620i' Attn: Wayne Reed, Planner tl The zoning process Includes two public hearings designed to provide opportunities for da an i Involvement and commenL Prior to the public hearings, landowners within two hundred (2 for feet n 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 opposiliot Second, the zoning pelltton is forwarded to the Ci y council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then eppoal the request to the City Council, If owners of more then two(20)percent of the land •area within t,vo hundred(200)feet of the site submit written opposition, then six used to toe calculate the per nraga ollandow uer opposh,on.e the zoning change. These tomrs an Please circia one: in favor of request Neutral to request O 1 Comments: PPosed to request j Signature: Prinlod (Jame: Ia'rf Melling Address: L0 M,�Y 2 ) r r City,State Zip; -Bla&ut � 0 1 � ��, Telepho,te Number; UNNiNQ d D• Physical Address of property within 200 feet: �p+�EhlT { Cl OF DEN TON, TEXAS lxry HAL 1NeST • DENTON,TEAM ,11201 • 040,349.83M 1-D9 , (F)ao 340.7761 -0JS 200'NWre dx I r I� ENCLCAE 10 (~ � I i JEFF MOSELEY, " DENTON COUNTY JUD¢E i April 13, 1999 Mr. Mike Jea,City Manager City of Denton 215 East McKinney Denton,Texas 76201 i Re, Compliance with City of Denton Landscape Ordinance Dear This letter will serve to advise you and the City of Denton that the Denton County Commissioners Court Is committed and his taken formal acdl .n to assure the County's compliance with The City of Denton's Landscape Code, Article M. This commitment relates to the development of the County's property upon which is located the Denton' County Courts Building, the Denton County Juvenile Detentlon Center and Denton County Law Enforcement Center, This action more specifically relates to the construction of the parking lot for the new pre-trial facility on the subject property, as it abuts Ruddell Street In the City of Denton, for an approximate distance of 100 feet. Denton County appreciates the cooperation shown to hs representatives by the City of Denton PIanning Department In discussions of this Issue and the concomitant savings of time and fees. i Thank you for your time and attention to this matter• I * Sincerely, i r 29. DENTON COUN'1'1'COMMISSIONERS COtWr•0Ot?WM0UX"N-T1X4Q1 RZ 110 W.HICKORY,DZNTOK TE W 76001-(00)066-!167.14044140-PAX 00) 301-120 /^ ENCLOSURE 11 �y^ _. �' ru�.r wrsr r.rtw wwr� M6, N04p AlIlrJV3 1V1i11-321d rmfiow Oyu wm I owau a AlNn0:3 PfO1N3ey �... b,i.uibv. jay♦ n.r.w.-- M i O��'tce5 4 r� al ar�r�r�r ENCLOSURE 2 PLANNINCI& ZONINO, 5-26-99 Page 141 Page 143 I MR.PowELL: (opposed.) 1 MR ENOELBUCHT: we have. And we've 2 'alit.ENOELB am Motion carries throe 2 extended a courtesy that we normally do not extend 3 to two. 3 and -- ladies and gentlemen,please. This --but 4 MR.HAYFs: May I address the 4 again,on the other side,this has been a c,se that 3 commission for just a moment? Mr.Chairman,I think S has brought out a lot of people and certainly a lot 6 under the staff recommendation that you have as to 6 of interest on all sides. And 1 know that we have in 7 the 13 items that were the criteria for your 7 the past tried to extend every courtesy to every 8 evaluation,it's incumbent upon the Planning and 8 group on all sides that we could. 9 Zoning Commission to identify what we have to do to 9 1n regard to that issue,l don't think io get our plan approved. You have--with the motion to we're in a position to deliberate that at this point 11 on the table sought to deny the use. But,for I I in time. I do think that there were a whole variety 12 instance,individual!case units,how the]caw is 12 of Issues that were raised that weren't necessarily 13 structured, is not one of those 13 items. Whether 13 student Issues that were related that were laid out N the rules are good or bad or run by the land is not 14 to the Petitioner even as --from the opposition. 15 one of those items. If they comply with the sane 15 And 1 think with that,we're going to move on to the 16 laws that all other cit nns of Denton have to comply 16 next case. 17 with as to noise or activities,they comply with the 17 MR.HAYES: Thank you for your 16 law. So I think it's incumbent upon the Planning and 18 courtesies. Thank you. 19 Zoning Conunission to identify what is wrong with this 19 MR.ENOELBRECHT: Commisslonen, do you 20 detail site plan so that we can go back and make 20 want to take a ten-minute break at this time? 1 21 those necessary changes. And that would be our it thought that was kind of maybe coming. Yes. 22 request of the Planning and Zoning Commission 22 (Break taken.) 23 tonight. 21 MR ENOELBRECHT: Okay. Ladies and 24 MR.ENOELBRECHT: Mr. Powell,would you 24 gentlemen,we'll reconvene the session. Continue the 25 like to address that? Did you -- 23 public bearings with Agenda Item No. 12, Bold e Page 142 Page 144 1 MR.Pow'ELL: t sure would. 1 public hearing and consider making a recommendation 2 MR,ENOF.LBRECHT: Yes,sir. Go ahead, 2 to City Council concerning amending the various 3 MR.POWELL: Richard, i--1 agree with 3 conditions of Ordinances 89.171,91.033,and 94.126 4 your concept that -• that we --that --obviously, 4 and 96048 as they apply to the entire 64A acre 5 I've voted against the motion,but I don't think we 5 Denton County property by creating one Light 6 rued to describe what we thought was wrong. It's a Industrial zoning district with consistent 7 pretty obvious. This--this group of five or six 7 restrictions. The property's located on the south s people tonight,whatever it is -.five,I guess -- 8 side of McKinney Strati and west side of Woodrow 9 felt that --as a group, felt that student housing 9 Lane. The proposal is to remove the requirement for Io was not what was to be built out there. That's to a specific use pernut for jail facilities. 11 clear, It's been clear for three weeks now. I voted t I Before f open the public hearing, i 12 against the motion. You know where I stood on it I2 just want 10 make known in dxt record that Mr. Powell t3 because 1 felt that we were -- for the very reasons 13 has excused himself for this cam because of his 14 you just described,we're being arbitrary. But to 14 affiliation with this--one of the --with the jail I5 ask us to deliberate us this further is nonsense. 1 15 facility and the Sheriff's Department. With that 16 want to get onto the next motion or the next item and 16 said, I'll open the public hearing, Mr.Reed from I7 get out of here, Personally,l think it's clear to li the Planning Department's going to provide us with Is you what these people don't want. And they don't Is the staff report Sir. Go ahead. 19 want student housing. Thcsc people don't want 19 MR.REED: Thank you,Chairman A 20 student housing, It's obvious. I don't think we 20 Engelbrocht and good evening Commissioners. The f J 21 have to be any clearer, Richard. 21 Denton County Sheriff's Department has requested to 22 MR.RISHEL: One word. 22 remove the condition for a Sup for a correctional 23 MR.ENOFLt3RECIIT: Yes, Mr.Rishcl. 23 facility u well as to allow a correctional facility 24 MR.RISHEL: 1 think we have closed our 24 on other portions of its property where it Is -- 2S discussion and given our deliberation. 25 whert that type of facility Is now currently STOFFELS & ASSOCIATES DENTON,TEX 31 . $65-9797 Page 141 • Page 144 CondcnsORTM PLANNING &ZONINO, 5-26-99 Page 145 Page 147 1 prohibited in order to proceed with the construction I just a little. That'll work. I've highlighted on t 2 of 125,000--approximately 125,000 square foot 2 the site plan here all existing structures with 3 structure which would have 480 beds. 3 purple and the proposed structures in orange. The 4 This particular area started or was 4 County's proposing, as I slated,the pretrial s Initiated for Denton County facilities berore 1988. 5 correctional facility located here,which is 5 There is one jail facility located on Woodrow Lane, 6 immediately behind the existing courthouse. They arp 7 As the site plan or vicinity map points out,it's one 7 also proposing a small barracks,which would be a 8 of the few that ols actually has in the footprint 8 jail barracks and an of,9ce structure for the 9 coverage. I have another display that actually shows 9 Sheriff's Dcpahtrmnt. 'the order is more or less to all the structures on the site But this one right to going to be the barracks,the Sheriff's Department i 1 here was located there prior l i 1988 and was in 1989 11 office and then the pretrial correctional 17 rezoned from a Multi-Family to light industrial. 12 facilities. o Since then,Donlon County has Lonstructed several 13 Also,just to clarify where a 14 structures on this site. 14 correctional facility is allowed. Where it is not 15 This particular area--before I I s allowed currently,the zoning map here shows four 16 proceed with citing spekifre information --this 16 separate zoning districts,light industrial zoning 17 particular arcs has developed since 1988 from a low 17 districts that apply to the property. The fist one Is intensity area meant primarily for residential Is is located along more or less the eastern half of the 19 housing to a business and institutional node due to 19 property here. This was rezoned in 1989 as it 20 Denton County In the most part, The-- the 20 straight light industrial zoning district. And 1'd [ 21 Commission may recall the most recent application for 21 like to go back to that after I'm done with the I 22 a rezoning was for 115 Woodrow Lane,which City 22 others. II 23 Council recently approved. That particular 23 The middle portion of the property 11 24 property's located here in relation to the site. And 24 running north 'i south was rezoned in 1992 with 25 that is now zoned conditioned commercial. And 1 25 correctional facilities allowed with an SUP. And if Page 146 Page 148 1 point that out as I am also pointing out that there 1 the zoning boundaries were drawn on the site map, 2 are several conditioned office zoning districts along 2 that would be more or less right Iere,right down the 3 the cast side of Woodrow Lane and light industrial 3 middle of the proposed pretrial correctional 4 zrning districts not part of the subject property but 4 facility, the barracks being over here wholly within 5 surrounding the property to the cast and to the s the area ttiat would be--that would allow the 6 south. 6 correctional facility with an SUP. 7 To the north of this property there are 7 The remaining western half of the 8 general retail zoning districts and then to the east o property, more or less,was rezoned on two separate 9 and to the north--or excuse me-• to the west and 9 ocesioni. In staff's report on page 6, 1 misprinted 10 to the northwest there still remains SingIc-Family 10 the date of the ordinance. In 1994 is June 2nd, I 1 I zoning districts. So this area, in part,has I 1 1998. That's at the very top. That should be 1994. 12 developed as a node for busincsscs and the Denton tt That is the southern portion of this western half, i 13 County facilities while remaining predominantly i3 and then de upper portion where the courthouse is 14 residential to the west. 14 was rezoned in '96. Both of these ordinances allow A Also,to the south across the crock the Is for public buildings for local, state,for federal 16 Mnton Independent School District after Denton 15 governments and professional and administrative o County had located many of its facilities here but 17 offices. So even though a correctional facility Is to prior to the courthouse being bull, did construct to more or less a public facility,it was not-• and i9 Tomas Rivcra Elementary,which Is located here on the 19 included In the language of the ordinance;!however, 4 20 zoning map, And tierc is the Marvin Luther King 20 in reviewing the staff reports and kettle of the 21 Recreational Center down here. Start notes the 21 minutes it was clear t4at it was the Intent to remove 22 development of this area in relationship to the 22 the permission of it cotroction f::ility. So the 23 development U the site just to give an overview of a County is back before us requesting that we that a 24 the existing conditions here, 24 consistent restriction within one zoning district be 25 Given all that•- it we could zoom out 2s granted to that they could proceed and have the STOFFELS lc ASSOCIAVIS DENTON,TI5X3 32, 565.9797 Page 145 - Page 148 _7 l� f I CondenseItt" PLANNMO &ZONINO, 5-26-99 Page 149 Page 151 I zoning or have their facilities in compliance with I Applicant's representative speak further on that and 2 our zoning. 2 answer any questions that you have about their 3 To get back to the 1989 case, In •-my 3 propose I facility. 4 research in documenting when portions of this 4 The analysis with comprehensive plan. s property was rezoned, it came to ligho that there's s It's inconsistent with our 1988 Denton development e actually an error in our existing zoning map. The 6 plan. But as I outlined earlier intentionally to 7 first rezoning in 1989 -- December AN 1989 was 7 e munstrate how this area has developed,this area a rctualiy only for 7.753 7.7536 scres,which is the a already is not-- is inconsistent with the 1988 9 northern half right here. That was re.oned to light 9 Denton development plan.However,with the 1999 to industrial. The bottom half is actually still to Denton plan growth management plan,this area is 1 I Multi-Family 1. The way/his occurred was that the 1 i identified for institutional use specifically for 12 County actually was originally requesting that the it Denton County since they're the ones that own this 13 entire 21 point odd acres dire be rezoned. And that IS prr forty as well as to the west s commercial node. 14 went to City Council in November of '89. It was a And 1 outlined how that area has already proceeded to Is tabled. 15 grow in that manner. 16 Evcr)oNng concerning staff a report 16 So it Is consistent with the applicable 17 and the written ordinance from 1989 demonstrs"that 17 policies of the 1999 Denton plan strategies and the is only 7.75 acres was considered for rezoning on Is growth management plan. Staff finds itself somewhat 19 December Sth of 1989. And this is pulled from the 19 handcuffed in working on this case. Staff provided a so staff report. This shows that one existing 20 synopsis of some-•of the issue of a municipal 21 correctional facility and a proposed tower right 21 zoning power restricting a public agency, 22 here. Again, the original request was for the entire 22 specifically,Denton County from locating its 23 21, but, actually,the ordinance is written for only 23 facilities. There's the Issue of eminent domain. 24 7.7536. 24 And the County has that right much like ft City does 25 Staff provided public notice to many 25 granted by the state. And the City by its zoning Page 150 Page 152 1 r^,'dents. We had legal notices go to 36 property i power cannot restrict the location of facilities 2 owners and courtesy notices to 140 physical 2 where those facilities arc found to be located 3 addresses, Several were returned because they're 3 reasonably not arbitrarily. So staff finds that 4 vacant or they actually do not exist. Of the legal 4 granting ••or excuse tri•- that approving this with s notices, staff has received a total of 11. 1 s the ennditions that staff recommends would make a 5 provided you with throe that were not available at 6 logical senso, 7 Oe time of de writing, to total, we have six in 7 1'd be happy to answer any questions. s favor,one neutral, and four opposed. The four b First, I'll just clarify that staff recommcn& 9 opposed constitute still less than five percent. 9 approval of 99.035 with the conditions,one,that, 10 The County held %,cighbothood twoAng 10 only public buildings for local,state,or federal 1 I to hear the concerns of residents who live to the I1 govemment4,including correctional facilities and 12 west of this site. M-y're aware that tl„s would be I2 professional and administrative offices be 13 a perceived harm or a danger to th6r property. Tee I3 permitted. And,secondly, sidewalks ••or a sidewalk 14 Sheriff- Sheriff Lucas attended,Commissioner Bob 14 along Ruddcll Stmt be Installed. 15 Powell,and a representative of the contractor who Is MA ENOELDRECHT: Commissioners,any 16 would actually construct this facility,Monte 16 questions? Yes, 17 Thurmond. And le sign-in shoot is prc4'rd as 17 Mn.MORENO: on your neighborhood is backup to the staff report. The teaidcntsexpressed Is mcetia was the principal of Tomas Rivera School t9 their concerns. The Sheriff tried to address them to 19 invited.0 the mooting? A� 7o the best that he could given that he Is planning on 20 I MR.REED. No. Staff did not dimly i ptocacding with this. He wanted to insure that he 21 contact teem IX ;7 provides as many safety features or safeguards with 22 stn.wtpN4 Thank you, 23 this facility that he can to reduce any perceived 23 MR.ENOELBRECHT: Other gtestlons for 24 harm or real harm. 24 staff? Okay. Thank you. is Petitioner or 2s I'll leave it at that and let the 25 Petitioner's representative present? STOFFELS & ASSOCIATIIS DBNTON,TM 33, 565-9797 Page 149• P4e 02 1 I i I I I { I I Condenselt1°' PLANNING do ZONING,5-26-99 1 MR. REED: Can I--can I make One Page 153 Page i SS v I mail it to that address,which might be the manager-s 2 point? 2 offroe. 3 MR ENGELDRECFft: ?lease. 3 MR RLSHEL: Ism. So even though 4 MR REED: I'll very sorry. 4 throe might be 100 or ISO or 200 S MR ENGELeRECHT: NO. That IS Roe. people In the a MR REED commission Moreno,I should 6 comPicx, R.REED:wouldn't 13 correct be notified? 7 have pointed out that 1 am aware though that the 7 MR. ISHE That i, Correct 1 a County personals trailed the superintendent MA- do: t sec, Is that consistegi Y perinlendent far the s with what we've done in the past 9 school disbict and the principal of Tomas Rivers and 9 MR.REEF. Yes,it is. Again,the 10 met with them prior to the neighborhood matting. 10 intent of the ordhtance was to provide notification 11 Drove them around. showed them what they were going 11 to all residents that Live within$00 feet as•• 12 to do, Talked to them personally. So they weren't 2I insofar si our OLS t livTltt identifies tltoee 13 at the neighborhood meeting, nut the County hsa t 1 addresses, personally had contact with them. 14 MR. RISHEL: And so that would be the 1 S MR MGRENO. 'thank Yeti, Tbat'a Very IS Same thing for the 97 to 102 16 helpful, "g people that live at the 17 16 Phoenix,also? MR RISUL: ttr Reed••excuse roe. 17 MR.REED: Thr,'a correct We would 18 Would you give me the number again on the number of I s only identify one address. 19 nMias that wire soot owl? 19 MA FMHELt Okay. Thank you. 20 MR MT& 76 legal notice%. 20 Mt ENOELDRECHT: Any other questions? ' 21 MR wSHEL, And that's the 200 foot? 21 MS.APPLE: Wayne. 22 MR REED Yes. And 140 courtesy 23 nor+,cs, 22 MR.ENGEL8REC11T; Yes. Ms.Apple. 23 MS.APPLE: Imt for clarificafion. 14 MR RISHEL' And that's the 500 fool? 24 You had said six that were]n favor of the ones that 25 F:r_REED: Slut i7 CerrsL 25 Were returned,one neutral and four Opposed? 1 MR. RISHEL: As I look at m l:Page t54 Page ISti Y 1 MR. REED Yea. 2 map, that Just seems ••maybe I'm wrot 2 MS.APPLE: I'm only finding ultra 3 inordinately small. As I look toward tside 3 opposed and one that didn't denote anything. 4 of the property,isn't that an apartmcttl complex? 4 MR. REED: Did you grab the throe that S MR,REED: Tit Phoenix. 5 1 handed up dlcrc7 6 MR.RISIIEL4 No. On •-c%CUSC me. 6 MS.APPLE; Yeah. 7 Yeah, I'm sorry. On the east aide of the n'CY Were two for property? 7 and one neutral, s MR. REED: Yes. I MR.REED: okay. 1 may have mis .. 9 MR.RLSIIEL: On the 500 foot,Isn't g 10 that an apartment complex? And I don't know how big 10 favor,one MS,APPLE: three got••1 and six it I l that apartment Complex would be,but 1 would just I1 didn't•• opposed,and one that 12 guess that it aloft wr,uld be 100 and somoddng-•how I2 MR,REED; So you're saying I'm off on 13 do we send out ttor;ces to apartment complexes? 13 the opposed? 14 MR REfo To Clarify how Courtesy-• 14 M4.APPLE: Yeah. 15 MR.RISHEL: I'm sorry. Right, IS A MR.R;ED: •.not CCS ere mailed out, M0.t�ED: And Larry n the ai reminded tote. 17 the ore,"';'N t was written •• the recent otdinana was 17 it This tonight�So d??teed to pass this aone handed is written to provi%c for a eourlesv notice to all if wound. r 15 residents within 300 foot as ldcntified by our GIS 19 Ms.APPLE: okay A 20 system. Siam we do not have privy to the actual 20 ' MR.REED: That would make the four f 21 physical mailing addresses,which the United States I1 opposed. 22 Postal Service maintains and u kee s and keeps 22 II P ? mV Ms.APPLE: And then we vE got one 11 21 confidential, we have to go with what our parcel 23 where day didn't mark anything. Do you know what 24 coverage identifies as on address. For Muld-Family 24 their-. 21 lots,the actually only have one address, Sn.0 would is STOFPLI.S do ASSOCIATES DEWON,Tim $65 9797 REED, No. I did not have time to � 3 q Page 153 •Page 156 • I i Condenseltn' PLANNING& ZONINO,5.26-99 Page 157 Page 159 1 call the person. That's the way it was turned in. 1 that if any time there Is any inmate that escapes or 2 MS.APPLE: okay. Thanks, 3 anything that happens,that rapid response team 3 MR.ENUELBRECHT. other questions? 3 Immedlatly goes to the elementary school to protect 4 Okay, Thank Iuu,Wayne. Petitioner or Petitioner's 4 thous children and the school from anything that s representative present? Please give us your name and s might be of consequence. There's only been one 6 business address for the record. 6 prisoner to escape since 1996. And if you took st 7 MR.COLEMAN: Hugh Coleman. I'm the 7 the backup that 1 believe was provided to you by your a Legal counsel to the Sheriff. 1 office at 127 North a staff,it'll tell you that the rapid response team 9 Woodrow Lane. Also,I'd like to introduce the 9 went to the elementary school and took care of the 10 representative from the construction company,which to situation L'ere, I don't believe that the inmate I I is Matt Reinl. And he's with Hubert-- l i went that way. But they were there to,you know, 12 MR.RENL, Hubert Hunt&Nichols. 13 take care of everybody in can there was an emergency 13 MR.COLEMAN: nubcrt Hunt&Nichols. 13 or anything like that 14 MR, ENOELBRECIIT: Thank you. 14 Additionally,in the growth of that 15 MR,COLEMAN: Thank you for the 15 area,it has become pretty much a little office 16 opportunity to address y'all regarding this matter. id area. A risirg ship -- a rising tide risen all 17 Specifically,we're asking y'all for-• to rowne 17 ships. Dwelt ping this area and allowing us to have Is +Ns 60-some-odd-acre area from light industrial Is this whole thit;3 done into light industrial has t9 conditional with Multi-Family-•with a little bit of 19 really improved the area. 1 believe it has increased 20 Muld-Family mixed in and to pure light industrial to 20 the property values and has allowed a lot of officer 21 allow for us to add on to our correctional facility, 21 and different people who are ancillary to rite 23 which is at the Denton --behind the Denton County 22 government to move into this area. 23 Courthouse. 1 don't know if this thing will fit on 33 1 would request that y'all please 24 here. 24 change this to light industrial without a special use 23 My point is that like your staff 23 permit to allow us to expand our detention facility. Page 158 Page 160 1 pointed out,we would rally like to have this whole I And I would ask,you know,if y'all have any 2 thing evened out to make it one tuning district for 2 questions,I'm here to answer than If you haw any 3 the whole thing, And, specifically,one of the •- 3 technical questions,we have a representative from 4 one of the items 1 would like to point out for you is 4 the construction company. ' 5 if you see here the existing courthouse HjM hero, 3 MR.ENOELBRECRT; Commissioners,are 6 that right here what we'll-•ow of the many 6 there any-• Mr,Moreno. 7 feature;that we're going to add on to this is a•• a 7 MR MORENa,, Yes,sir, Could you a secure hallway what will allow for us to transport 6 describe in a little bit••in more detail what 9 people from the pretrial correctional center directly 9 happens during it rapid response, I'm particularly 10 into the courthoux to Interested to know if children are accustomed to I I Currently••1 don't know •-over in I t seeing rapid response teams around their school. How 12 this area right over here,this is where the present t2 would they react? Do they come over there dressed in IS correctional facility is. And they're having to bus 13 S.W.A.T,uniforms or••describe that process to me, 14 people from the correctional facility Into the 14 if you would, 13 courthouse. This would make it much safer to have is MR.COLEMAN: It's handled in a very 16 people walked over in a secure hallway Into the 16 discrete manner, I don't•-we do -•they do not 17 existing courthouse rather than having to load them 17 bust into the classroom or anything like that 11 is 16 onto a bus or off a bus. So that was just one of the la handled in a very discrete manner, It is r 19 many things which would make this new mi;reasonable 19 s+vcifxaliy dote in detail to protect this school, 20 which Is really what's key here, Would it be 20 So.I mean, if•• I don't know how you want rte to ' J le C 21 reasonable to do this? 21 describe it to you. 32 Spocifrslly,additionally,we have a 22 Yes, i mean,they're potiocrnen. 23 rapid response kLm. Mr.Moreno, I believe this 33 They're going to have a gun and a uniform. But,l 24 would be in response to your question regarding the 24 mean,they're tot over there to Intimidate anybody, 23 elementary school. We have a rapid response tam 125 're there to,you know,make sum and assure and, STOFFUS & ASSOCIATES DENTON,TEX, 35, 1 565-9797 page 157 • Page 160 Condenseltt" PLANNIN13&ZONING, 5-26-99 Page 161 Page 163 t you know,calm everybody who might have any coneems 1 Sheriff Weldon Ucas welcomes community a 2 end to allay any eoncuns of anybody. 2 Input. i believe In regards to the facility that he 1 MR MORD40: Nave you spoken with the 3 has now,be has responded to the community. He went 4 Dellanebblas about this response? 4 ahead at-- I believe at one point had somebody on S MR COLEMAN: No,I have not. S the roof with a shotgun or something, I think,to 6 MR.MORENo: okay. Or the 6 allay some fears. He went ahead and put some razor 7 superintendent,either one? I mean -- 7 wire up Ground it. But I guess what my question to 8 MR.COLEMAN: 1 know that the different 8 you is: 1 do s't understand what you meats by what is 9 officials from the Sheriffs Department hcve spoken 9 the--are you asking it there's it big barrier fence 10 to them about this. 1 personaNy have not spoken to 10 or something like that or,-I don't believe that 11 her or them about it 11 there is,but I can go ahead and defer that question 12 MR.MORENa okay. Thank you,air. 12 to our construction representative,if he's aware, 13 MR,ENGELBRECHT: Any other questions. 17 MR.RE M. - No. I'll have to admit. 1 14 MR.RISHt.t.: 1 always kind or thought 14 haven't­ 13 of--as 1 looked at the logic of the facilities on t 3 MR.ENoEUXEM: could you Just come 16 the Woodrow side and then the Interim pica of 16 up •• speak in the mike to they can pick it up, 17 property that was zoned separately and then lie WM 17 MR REIN: 1 haven't been--I haven't 18 piece of property that's closer to Ruddell--as-- 18 boa made aware of the completed documents that+ho, 19 mentally for myself--and 1 know it's not 19 the finished product so l modtt't ten you one way 20 necessarily set up that way •-as creating a buffer 20 or the other whether or not there's a fence I'm 21 between the nelghborhtc±d which is Multi-Family along 21 assuming right now that there's just a parking lot 22 Ruddcll at the Phoenix with that as a transition to 22 from the preliminary elm m ms that I've son. 23 the neighborhood immediately behind that or to the 23 MR.COLEMAN: I believe it would 24 west of that. 24 probably have the same outward appearam a as the 25 And so I saw that plea of property 25 curnmi facility. But i don't believe then is■ Page 162 Page 164 1 along Ruddcll and to the cast of that as creating a 1 fence on the--on part of it,out on part of the 2 kind of a buffer,one-step removed beyond what the 2 current facility there ll. 3 residences in the Multi-Family was. And so 1 feel 3 MR,PZjjEL: 1 think of the new 4 like we're losing that texture that we were 4 building --the criminal juctJce building as being a s creating. I guess what 1 would like to Mar is-- it 5 pretty good sized building. What 11 14 four stories 6 sounds like -- I'm not quite sure 1 know what it 6 or five stories? 7 pretrial facility £s, rust of all. So I want to get 7 MR,COLEMAN: One. 8 educated on that eventually, And I do see a fairly s MR.RISHEL: 1 know our new building is 9 large size footprint of parking lot which I prcrume 9 125,000 that they're proposing. How big Is the to will help create part of that buffer, to existing criminal justice building? I I Can you tell me more about what scat of 11 MR.COLEMAN: I believe It's going to 12 visual buffer we would have between the road and the 12 be one story. l 13 facilities itself and how we would go about 13 MR, RISHEL: But this will be one ! 14 furthering,protecting,wheater this continues to M story. I understand that. 125,000 square foal,the 15 remain the Phoenix or turns into another piece of 15 building you're proposing. How big is the criminal t6 property of some other nature and the rcsi&nm 16 Justice building that's on the•-on the lot now? 17 inunediately behind that. 17 Matt,can you loll M!? Is MR.COLEMAN. Well,specifically,we 18 MR,COLEMAN: I believe It's rougmy 19 will comply with the City ordinance regarding 19 40,000. �. 20 landscaping and the amount of property that Is 20 MR, RISHEL: That's the footprint? The ! ; 21 supposed to be done with s gran area. Additionally, 21 footprint's 40,000 or the building itself 1140,0007 22 a pretrial i scility Is a facility where people AM 22 MR.REED: t believe in all of your 21 being held before their trial, It's a-- you know, 23 notebooks you received a full scale or a huge 24 where criminals or people alleged to have committed a 24 drawing. And that drawing there Indicates a square 21 crime tie being held. 25 footage. 1 take that to be a total square footage STOF'FFLS &ASSOCIATIMS DENTON,TEX 36. 1565.9797 Page 161 •Page 164 i Coodc3selth'r PLANNING&ZONING,5-26-99 Page 163 Page 167 i for the building. And it's around 39,000 some odd. I right there on the other side of the crock. I-- b 2 So 1 can't say-- usually plans like that will 2 when we met with the Sheriff and the representative 3 reflect,even if it's multistory the total square 3 the other evening,it-- it mlght have been just 4 footage. So I'm taking that to be total. 1 can't 4 ironic that we wets sent out the notion and they s say if it is. 5 were incorrect--the day was incorrect that-- when 6 MR,COLEMAN: And, again,Commissioner, 6 we were going to meet. And 1 was there when we were 7 if you look at our diagram,I would have to emphasize 7 supposed to meet. The date was wrong. And then we B to ynu, you really need to think about the reasonable a ware told at the nesting that we would be meeting the 9 of this -- the reasonableness of this. If you look 9 neat night. That could have been ironic. 10 at it in conjunction to our existing courthouse and 10 He--this gentleman here-•and 1 I I if you look at it in conjunction to the existing 1 t forgot your name•- failed to mention that of the 12 facility that's already --or the facility that's 12 people who were at the mocting 100 percent of them 13 already there and to Rn;development plans diwly 13 were opposed to this location so that the list that 14 behind the existing courthouse and directly beside 14 you have every one of those people were opposed to 15 the existing facility,it would be I think in all•• is this facility going where it Is. We were very much 16 honestly --honestly,I think I could tell you it's 16 frustrated at the meeting cairn we were told that no 17 better for the community to have this all situated in 17 matter what we did,you couldn't do anything. That 1s the same place particularly,I might add,with this is was what we were told. The Commission, as he said 19 walkway between the courthouse and the new pretrial 19 earlier,you can't do anything beaus:of the eminent 10 center,which would allow •-prevent us from having 20 domain issue. So we're just speaking just for the 21 to bus the inmates like we have been and just safely 21 heck of it it sounds like. But I'm going to speak 12 walk them from the pretrial center directly into the 22 anyway because that's my right and it's my dime. So 23 existing courthouse. 23 I'm going to speak. 24 td-..ENCIELBitECHT: Any other questions? 24 1 waited for 20 years to build a laoust; 25 1 might just ask. What becomes of the facility 25 where I built it I found out that one of the Page 166 Page 168 1 that's being vacated? 1 City••City Council members,who I've been talking 2 MR.COLEMAN: CC,that's -• we re still 2 to about trying to saw my 36 trocs that the City and 3 using it. 3 the County Is dwitaying-•bulldozing over. He said 4 MR.LNGELBRECHT: It'll still be 4 to someone who is one of my supporters that I built 5 prclrial or Is it going to be something-• I"van -- 5 in the wrm4 area. That's what's wrong with my 6 MR.COLEMAN it will be used to house 6 property, I built in the wrong area Soand7 like 1 7 detaina3,whether posttrial,whether convicted 7 sure haw. There is a nuclear facility to the south I detainees or awaitieg transportation to a state a of me that wasn't there when I built There is a i 9 detention facility or whetter it's handling federal 9 jail-- o bugejail-• loft northof tne, Now 1 10 pretrial dctainecs, 10 they're proposing building another jail. And 1 just I 1 MR. ENCIELBRECHT: ,any other gtestions? I I want you to look at something here. This Is just for 12 Thank you. Is there anyone present who would like to 12 discussion's take,l know. 1 don't think there's U speak in favor of this petition? Anyone present to 13 anything that you're goinv,to do. This parking lot u speak,in favor of the petition? In that case, l do 14 right here is right next to huddeli. Thu Is Ruddetl i is have some individuals who have indicated that they I5 and hen's the parking" Children play here. But to wculd like to speak in opposition. Ms. Irma••1 Is 1 guess they don't matter. They're low Income, 0 hope I can do justice to this -•Quinonez. Irma 17 Hispanic and African American children, They don't Is Quinoncz. She had submitted it card requesting to Is count, I guess. r t9 speak in opposition. It appears that she Is not 19 But the road that leads in from hen is A 20 present. 20 'now going to be heavily travelled. I'm understanding ! f 21 Mr, Willie Hudspeth, If you would, 21 what politics Is all about Them was it group of 12 give us your name and address for the record,please. 22 people in here earlier that got this Council to go 23 MR,IrUMPEnk willie Hudspeth 1 live 23 along with them breaking the rules. The person •• 24 at 623 Newton. I live• where Is the other map? 24 the Petitioner followed th• -ulcs and you sided with 25 Right here In this area right here by the school 25 the majority and the vocal voices. We're going to STOFFELS & ASSOCIATES DENCON, TM 37. 565-9797 Page 165 -Page 168 l I i Clondenseltr't PLANNING dl ZONING,5-26-99 Page 169 Page 171 i I have to get some voices, I can we that There's 1 tonight in opposition of what the County is going to 2 only four of us. And we don't haw much of a voice. 2 do. ) I can see that. We have been told that this facility 3 First of al1,1 want to say enough is 4 is going to be d-g best thing for our neighborhood. 4 too much already, And D think everyone up here on S Lord,help you. But there's only four of us. But 5 this Commission at some point ought to be able to say 6 we're going to take what you do and we're going to 6 chat enough is too much in that area. We've been 7 try to get better. 7 dumped on foe years We know the story. But we're I What I have heard tonight is that s about to enter Into a new century. We're abot t to 9 there's something even lower than being in African 9 enter Into a new millennium. 'things art about to 10 American with no money In Denton,Texas. It's being 10 change whether we like them or whether we don't. 11 a stud.^nt,from what I've heard. if you're■ 11 We're tired of housing the Jailhouses and bigger 12 student, you're even lower than an African American 12 Jailhouwo and being told that we're going to be 13 or Hispanic with little money in Denton,Texas. This 13 secure only to find out somebody'a wounding the 14 facility is wrong. You have -•you're putting it in 14 rooftop and we have a rapid response. Not a rapid 15 uur neighborhood But,again,I've been told there's IS refund. We know what that ice. But we have a rapid 16 nothing you can do about it The County is saying 16 response. But for lie southeast Denton residents, 17 it's going to happen. So we've decided that we have 17 that response Is out so rapid. I e got to get politically strong. We have got to act is Now,our money's gran but you don't 19 politically strong. We arc being shoved around. My 19 want us to be soon and you don't want us to he 20 grandchildren will be shoved around. My children 20 heard. W ,you want from us is our high a Iow 21 will be shoved around until we can gel some political 21 property houses to be of a higher vr'ue In tars. 22 clout like these people who at the Westgate property 22 You want our money. But you want to show••the 23 here, Now,that was political power like I've never 23 County would like to shove everything in. The City 24 seen before. They got a Commission,which violated 24 would like to shove everything in after shoving us 25 its own rights. You were right in granting the 25 over there to start with. Remember Quaker Town. And Page 170 Page 1721 1 petition, according to your rules. But that I many in southeast Denton think there's another brand 2 political power made you change your mind. We reed 2 new substop Quaker Town Solna on, And the reason why 3 that. 3 we think that is we understand dal there's a 4 Let me just add for the record 1 4 diffe.noe between an underlying Uent and what you S would like for that jail to not be where it's put •• 5 say and what is said. We don't think the County's 6 going•• proposed to be put because my home is 6 saying nerything that it wants to do over them, We 7 there. I plan to live there for the rest of my days 7 think that housing project Is an issue. You have too s here. Make the right decision. Thank you. i many Issues hat to decide to let the County do what 9 MA, ENOELBRECHT: Commissioners,any 9 it wants to do with anything right now,1 would 10 questions for Mr.Hudspeth? Thank you, Is there 10 think. I would think a reputable board could not 1I anyone else who would like to speak in opposition? I I make a docision right now based upon all of the 12 Anyone else to speak in opposition? 12 things that are up In the air over in southeast 1) Ms,pinups: I would. 11 Denton. i 14 MR.ENOELBRECIIT: Yes, ma'am. If you 14 And t'm going to close by bringing it IS would •• 13 on home to you. 1 was watching your commission one 16 Ms.PHILLIPS: I hadn't returned my 16 ought and there was a joke about the City dog pound 17 card, but 1 did come back. I7 �nd I made a"ark about that when I spoke at the•• Is MA. ENOELBRECHT: Okay. If you would, I s be'ore the City Council. And I heard that Joke. 1 19 give us your name and address for the record. 19 don't know if that joke was referring to what 1 said. ..a, , 20 MS, PHILUPS: My none is Carolyn 20 But I want you to know that pound Is still over re the f / v t,, 21 Phillips, and I live at 722 Lrkcy Strect in the 21 In southeast Denton. And R's not really funny to 22 southeast Denton population here In Denton, And 22 us. 23 recently I spoke before the City Council. 1 spoke 2) Jailhouses are not rally funny to ter. 24 before the County Commissioners,my Commissioner 124 But just to bring It on home to you about how wa 25 being Mrs. Carter, And I'm here to speak telore you 125 foal,think back In the early 1900s when we had a dry STOMLS At ASSOCIA'I'E3S DENTON,'CM 3S. 565-9797 Page 169. Page 172 Condeoxlt'" _ PLANNING&ZONING,5-26-99 Page 173 Page 175 1 It"vt. I know it sounds ugly, But we used to have 1 they make are completely separate and we have nothing €1 2 toilet rcre u4cd to be a thing called a dry 2 to do with that There is no tie whatsoever between 3 ; t And when people went to use that dry toil it 3 the building of the jail and whatever is going on 4 Out in rt c rural,they dumped on it. And we're 4 with the Denton County -• or the •• actually, it's a 5 filing pretty dumped on over there and it has to 5 City building, isn't It? The City housing 6 end. 6 development or something like that. T Soir where along the way the Comrniasion T MR.ENGELBRECHT: It's a separate I ought to say enough is enough already over there. 8 lousing authority. 9 We ••everybody in this town u"Jaiihouses. 1've 9 MR.COLEMAN: Right. The County hds 10 seen white folks go to prison I've seen black folks 10 nothing to do with that. Any plans that the 11 go to prison, I've seen Hispanics go to prison. And It Commissioner's Court m1phl have to buy that is I7 as far as that housing project over there, it's 12 completely separate and has nothing to do with jr 13 mostly Hispanics now. There's been a lot of 17 ongoing dcvelopmenL And f would just like to close 14 manipulations going on in this town, And it's mostly 14 with one thing. You have to look to the 15 1h'pantcs new And same of the people can't even 14 reasonableness of this development If you look at 16 speak English. So how could they respond if you gave 16 the diagram,you look at': 7 walkway,and you took at ' 17 them a response. Some of the rights arc being 17 proximity to the facility that's currontly existing, 18 violated, But you know what, We're coming Into a 18 it is clear In my opinion that this is the reasonable 19 new century, 1 feel a lot like David when he went 19 area to expand the existing correctional facility. 20 before Croliath But 1 feel like victory will be ours 20 And it would be best for the community to do that. 21 because one thing about truth,we're the core of 21 Thank you for your time, And I would ask that you 22 Denton now,now that you want to build and we want to 22 adopt our request. 23 go toward Dallas•-south toward Dallas. We're the 23 Mir, ENOELBRECHT; Commissioners,do you 24 core. And a rotten core makes a rotten apple 1 24 have questions? { 25 apologize to you,Ms Apple. But no offense to you. 25 MR.RISHEL: 1 j95t have a few. �� I! Page 174 Page 1761 1 But if we're ioltcn in southeast Denton,the whole I MR. ENOELBRECHT: Pardon? 2 town's going to be rotten, Thank you very much. 2 MR, RISHEL! 1 have some questions for 3 MR. ENOELBRECHT: Thank you. 3 Mr. Revd, � 4 Commissioners,any questions? Okay. Is there anyone 4 MR.ENGELBRECIIT; Okay. In that case, 5 else present who would like to speak in opposition? 5 I'd like to ask •• 6 Anyone tlse present 10 speak in opposition? In that 6 MR.Col.EMAN: Thank you, sir. T case, as the Petitioner's representative,you have an T MR.ENOLLBRECHT: Just one comment or 1 8 opportunity for reburial at this time if you'd like 8 guess son of a question. 9 to make any comments, 9 MR.COLEMAN: Yes,sir, 10 MR COLEMAN: 'hank you. Specifically, 10 MR ENOELBRECHT: Recognize that 1 can i 11 1 would like to address two matters. At the Demon H understand the residents' concern with regard to what 12 County Sheriff's Department,cos really would like any 12 may be going on with•-between the Denton Housing 13 form of community inlim as to our building of the new 13 Authority and the Commissioner's Court to the extent 14 facility. And I would like to thank the people who 14 that if that property is turned into some other 15 came and,you know,spoke their mind because it's 15 County use, in esscna.,the County has jumped Ruddcll 16 good to have an open process where all people get to A and moved it little further Into their neighborhood. 17 speak their mind and give that type of input to us. o And 1 could we any neighborhood questioning what's i 8 And we really appreciate that. II know Sheriff Lucas 18 going on there and seeing an encroachrnent. And to r 19 wants to hear from the people in the community so 19 that extent,you know,It seems reasonable that they 4 r t: 2a that he can get their input when this facility gets 20 'would question the acdvities that are going on � f 21 built. 21 there. 22 N otter thing In regards to the 22 MR.COLEMAN: 1 agree, 23 Phm.ix Apartments. 7'm Sheriff,he's In charge of 23 MR ENOELBRECHT: it may not 24 maintaining a jail for the safety of the community, 24 necessarily be tied to you,but, In essence,whet a 25 The Commissioners Cowl and env land purchases that 25 resident sees is another large building moving closer STOI'MI.S&ASSOCIATHS DLNTGN, T13XJ 39, 565-9797 Page 171 -Page 176 t I� Condoeseltt't PLANNI?40&ZOMNO, 5-26-99 Page 177 Page 179 1 to RuedelI and then discussions about lumping over t property most adjacent to Ruddeli helping with that f 2 RuddcU. 2 buffer and tho visual buffer as well as the fact that 3 Ma COLEMAN: I ogre with you•- 3 we do have some pretty good traffic down that road aI 4 MR.ENOELBRECHT: so •- 4 this point in time, 5 Me COLEMAN: I agree with you,air, S 1 guess my next concern would be,1S I I But 1 think what's happening is they're trying•o mix 6 look at the ••rho plan that I we•-and I am a•• 7 s highly emotional lout with something that Isn't In 7 a driveway that currently services the court's I any we,y tied to bat. It building and then I move down the street I guess 331 9 MR ENOELaREM: Maybe. ?hank you. o foot,which certainly Is within our normal distances 10 Any other queolou,? Okay. Thank you. The public to we'd have for a driveway. 1 guess we're showing two I i hearing is closed And, Mr. Reed,where are you, I1 driveways there that is really considcmd one as we 12 sir? There. Any final wmmcnts? It%could appear 12 would do it in planning because it's really a 13 that there are some questions for you. 13 boulevard. Is that what I'm looking st7 Is that a t4 MR.REED: No. I'm happy to answer any 14 one-way drive in and one way drive out we would is questions. IS consider it In traffic as being one driveway? la MR.ENOELBRECHT: Do you have 16 MR.REED: This right here? 17 questiom, Mr.Rish l? 17 MR.EN0ELBRECHT: would you Slide-that i II MR.RtSHEta Let me ask ample is over. It's now showing up, 'There you go. 19 questions before Mr. Rood goes Into his final closing 19 MR.RISHEL: There we go. Thank you. 10 comments. Would you put the drawing that would be my 20 MR REED: Are you talking of this 31 page No. 10 or Enclosure No. 2 up on the board there 21 MR RISHEL: Yea. 32 for us, I=Iosun No.2,which kind of tays out this 22 MR.REEL} -access point and this 23 segmentation of previous roning. 23 access point? 24 MR.REED: Yes. 24 MR,R15HEL: Yea,air. 1s that like is MR.P.ISHEU could you draw on your 2s one way in and one way out so there wouldn't be two Page 178 Page 180 I place tiara for me what would represent where the I driveways within our distances we would try to 2 current criminal Justice building is or court's 2 malntain? 3 building is now. And would you show me kind of where 3 MR.REED: The distances we try to 4 the footprint of the new building might be. You 4 maintain are in our subdivision regulations. This is s don't have to do the whole thing,but I guess that's s a proposed plan. Any additional curb cuts would have a my conoem, as I wild•-I mean,logically,l kind of a to be approved by our traffic and engineering. If 7 saw that u a•-as a buffer area that would buffer 7 this doesn't meet that, they may have to rearrange I the development from one site of the street which Is s Mr alignment or number of driveways onto Ruddell. 9 the Wmirow Lanc side, which Is heavily fall part to 9 So,thal,of course,is not the issue. 10 more of on ofRce-type facilities,other things that 10 MR. RUSHEE: That would be my Concern I1 that could be along the Ruddell side. Aad so if I I I because if 1 had the whole picture and 1 showed u had a thought of something that might help the 12 Ruddeli also,what i would find Is••Is multiple I3 neighbors and their concerns there would be to leave I3 driveways on the other area which carry traffic from 14 some sort of way for that to be developed as 14 the apartments there that would 1150 lead onto 15 additional,ym,know, legal ofrim or facilities for is Ruddell. And I don't think it would mint our 16 the-•otSr than •• than •-i don't know if it would la criteria of what we've established In the past for 17 be high security-type of t}dnbs as opposed to other 37 being X amount of driveways or entrances of strects 1A things that might be developed then, ill entering to a fader. r 19 I think what we've tried to do ss a 19 MA.REED: Mr.Rishel,I agroc with r A, r 20 Commission consistently Is to try to crepte buffer 20 you. And, again,this is a proposal that the County 21 cones bct%vten Industrial arm and resldmthd areas. 21 has provided without actually going to the building 22 And the Phocnit at this point In time is a 32 inspoctions department for it permit. It's N that 23 Mula-Fan,fly area which helps create a little bit of 21 permit time that they would actually be•• the 24 a buffer betwcm that and residrnccs,as I mentioned 24 p:oposed driveway cuts would be reviewed by building 21 Wore A-id I'd like to ace that other piece of is the Inspoctioas department,more specifically by the STOF7•'EIS & ASSOCIATES DENTON,TEXT 40. 56S-9797 Page 177 -Page 180 I t: 5 Condenaell"' PLANNING &ZOMNO 5-26-90 Page 181 Page 193 1 enginwring department. Jerry Clark is here. And he i MR USHFU she's just further away 2 can speak to how that would actually occur. However, 2 from it. 3 that has no direct relationship to the request before 3 MS APPLE: It's on 4 you tonight. It can b0 said that v.hat's shown here 4 MR EN(cELBRECHT: okay. 5 on the document is not actually how it would be S Ms.APPLE: Just basically• just 6 built. 6 basically that I concur with what he was saying is 1 7 MR.RJSHEL: Okay, 7 like that ldea. And 1 know ve're in a sense kind of I MR.REED: That is a possibility, 6 behind the times not already baving a facility like 9 MR.RISIIEL: So my text suggestion 9 this because it's pretty common for most courthouses 10 would be as we're trying to work with developers and 10 to have a walkway to transport people, It's--1 11 people that look at properties and how they lay it I I think the danger lies In bussing people around mwh 12 out is maybe not to have an access at all if it was 12 more than having them walk through a walkway from one 13 something that we could live with as a building and a 13 building to the courthouse. But I like thaL 14 proposal that would access to Ruddell Street and all 14 MP ENGELBRECIM Any other? Yea. Mr. 1 S that traffic might go out to Woodrow Lane as opposed 15 Moreno. 16 to any access at all that would be added to 16 MR MoRm. Yes, W. Mr. Reed. In 17 additional traffic in that area. So that would be a 17 your 1998 Denton plan policy analysis,under the 1s suggestion. is category of neighborhood%you have said that the 19 Another thing that would help In 19 development radng vanes the policy in regards to 20 helping to maintain that buffer that we had Is maybe 20 whether the policy encourages a mixture of land uses it to turn the building the other way,which would be a 21 that benefits residents and whether the policy 22 long building as opposed to a wide building as we 22 protects and observes the existing neighborboods is 23 show on our plan here,which would tend itself for 23 inconsistent with 6e 1996 Denton plan. 24 either additional parking on the Woodrow aide or 24 MR REED 19351 25 additional buffer zone of sent Sort of additional 25 MR MEL, as Page 182 Page 184 t office space or something that would help buffer or I MR moRErs6 1991, rm looking at pogo 2 block that transition from the Multi-Family and the 2 15 in our backup, If those policies are InconsleenO 3 residences to the piece of property Itself. And I'm 3 with the 1998 Denton plan then why did you recommend 4 just throwing out ideas because the Sheriffs 4 approval? S Department indicates a willingness to try to work S MR aFED t believe I stated in the a with the citizens In the area. And those are some 6 paragraph sbow the table that it was consistent with 7 things we've tried to do In the past with regard to 7 most of dg policies. The two that are Inconsistent 8 other neighborhoods and other neighborhood Issues to 8 arc under eelghborhoods,encourage a mixture of law) try miti ate thins that might happen 9 uses that benefu residents, I marked inconsistent 9 y o 8 g 8 DPe to 10 resideatial and MulthFamily. 10 based upon resident Input, Protects and preserves 11 MR.ENOELDRECHT, Other questions? Ms, I I existing neighborhoods,again,aria reason. Many 12 Apple, 12 times you have mquesu before you that are a mixture I3 MS APPLE: Just a comment pursuant to 13 of consistent,inomilstent and staff providea you 14 what he said. 1 think that's an excellent idea about 14 with that- with the matrix live and ttafes whether 15 keeping access off of Ruddell. 1 would concur that IS they am completely consistent in very--in very 16 that's probably a really good Idea. 16 rare cash or somewhat consistent or mostly 17 MR.SUCEK, I don't think we're hearing 17 consistent or mostly inconsiste it. And In this case is you. l8 they're Inconsistent on two parts. And,again,these J, 19 MR.ENOELHRECHT: Can y'all hear her? 19 are general policies which staff has to work with at 20 MR.REED. No. 20 Wo point because we don't have the comprehensive 21 MR,RLSHEL: I hear her. 21 plan done that we are now trying to o mplete. So 22 UNIDEAMFIF.D SPEAKER: No. 22 these are,again,general policiea, The 1988 plan 23 MR,ENOELbRECHT: is it off or on? 23 has some more opoeifie gel klines for us to use. 24 MS.APPLE: It's on. 24 We're formulating those for the new eomprahenslve 25 MR.ENORLDRECHT: Can you hear? 12S plan. Thal whet I could say about what's on that STOFrELS do ASSOCIATES DENTON,TW 41 565-9797 Page 181 • Page 194 Condonseitn' PLANNING At ZONINO,5-26-99 Page 185 Page 187 I page,Mr. Moreno. s listen to what you want to do. And the key thing *, 2 MR.MORENO: All right, air. *hank 2 what we're doing here Is that the platting process, 3 you. 3 the subdivision rules and regulations are going to 4 MR.at.+CE1c, Let me make a comment. 4 speak •-the County must comply with the subdivision 5 MR.ENCELIIWHT: W. DUCCIL, Please, s rules and regulations. 6 to ahead. 6 So the normal kind of things that we 7 MA.8UCEK: wayne talked about the 7 have,the protections of how Close drive approaches 6 guidelines dealing with county,school district,and It are,all strew things we can still require. ft's 9 date buildings. And w 1 don't want you to read too 9 just the issue of use,clear definitive Issue of use 10 much In to the 1998(lemon plan or the 1988 forma to is what's there. And so the question then Is,as I I plan, the problem we're faced with,we're trying to 11 you're mentioning, Is the parking lot a large enough 12 handle this as much Iike a regular toning can u we 12 buffer? Is there something else you may want to 13 can becaur that's how all of the approach works, 13 suggest there? Although,I want to tell you right 14 But the theory I county,date,and school districts 14 now it would be my approach and I've heard it made IS arc not under the same guldclin",okay. And he n tado is that when you have a facility like this extreme 16 a comment. The right we have today u this I It landscaping buffering is not the thing you do. If 17 commisslon to recommend something to the City Council 17 someone gets loose,yuu want to be able to find is Is based on the needs •- based on the extating I I them, So it's a very lough thing before you, But I 19 property the County owns and what they plan to do. 19 just want to be sun you understand you are in a very 20 Is this a reasonable growth? Is this x reasonable 20 kind of a catch 22 situation here, 21 evolution from that? And the reason +vhy this is ao 21 MR.RISHEL Like our discussion we had 22 di(fitult is that the guideline,we have, for 22 on fences one --one meeting ' believe. 23 example,for what the courts have told us Is 23 MR Bl1m* very close to that,l 24 reasonable. We have an Austin case where there's an 24 think, 35 elementary school,if I remember correctly. But 25 MR RISHEL! The Austin case though Page 186 Page lag I there's a school site. Tho Austin IsD put,I want to I also deals with the fact that--it was looked at-- 2 say, a 200-- a substantial bus bam right next to 2 the bus barn as the neighborhood service-type of 3 that school,which was In a residential area. Tho ) thing because kids ride buses. 4 City thought, clearly, this is not reasonable. The 4 MR.BUCEK: Yes. But oho only problem 5 court ruled it was reasonable because that the kids s was that bus barn was not for that school. I mean, 6 ride buses so in their minds that was reasonable. 6 that bus burn was for every elementary school in town 7 So that's what i think when he's 7 and-- s relaying this circumstance to you is that because s MR.RISHEL: 1 understand, 9 there's already a jail there,because there's already 9 MR.MOma.. Mr, Bacek,preserving the io a courthouse there, would it not be reasonable that io existing neighborhood is not an issue that we can I t these ore the kind of facilities for security I l civil with at skis--on this particular case? is 12 purposes you'd put around them, Tho reason we're 12 that not open for discusslon? 13 here tonight is •- Is it gives you an opportunity to 13 MR.nUCEK: AS long as you think what t4 look at landscaping, to look at the kind of things, It you're saying Is reasonable. I'm not••you know, Is Mr. Rishcl,you may have mentioned and make Is the theory Is --the courts--the courts say that is recomatendations to Council,are then any conditions I6 they don't have to follow txnlng. They just have to 17 yo;may want to put on this understanding that the 17 be reasonable in what they're doing on their Is County,of course, ultimately could determine do is property. And if you think what they're doing is i 19 those conditions go beyond what they're required 19 unreasonable,then,certainly,you could vote v A 20 under state law to do? 20 'appropriately, 21 And so 1 don't want you to lose sight 21 MR.MOW* Trunk you. 22 of toe fact that the County really in my dealings 22 MR.PZHELt Mr.Rood. i 23 with this situation has been very cooperative, 1 23 MR. REED: Yes. 24 have dealt with governments that didn't walk In and 24 MR. RISHELt t want Mr. -- am I 25 do anything. They just said it's --we don't have to 21 interrupting7 STOPI:LLS& ASSOCIATFS DENTON,T13V 42, 565-9797 Page 185 •Page IRS ad Condenselt'r PLANNING ' ,ONINO.5.26-99 Page 189 ! I MA. ENULBRECHT: Could I make l t only three people are here and wY take Input. Dut 1 Page 191 4. 2 comment al this point, if 1 might of Just•• before 2 think he an proceed on if you like. 3 you ask another question. And that is that it tams 3 Ma.ENaELDRECHT: Yeah And the 4 to me -• I mean,obviously,we have •-the don't have 4 Individual will be back for the deliberation. S zoning control here,really. But it seems to me that S MR auCEK: 1 Appreciate you raking 6 this is being brought to w primarily •• 6 it,though. 7 MR,RISHELr As a Courtesy, 7 MR.RLSHEL, thank you,Mr, Moreno. I MR. ENOELBREarr: ••wdl,as a 8 As I say,I'm trying to relate to 9 courtesy and as a means to get public input. I see 9 Mr. Hudspeth's question and statement that he was 10 this as an opportunity to present Ideas,such as 10 very kind in presenting to us that we've had 11 Mr, Rishcl just did that,hey,you know,we have I I difficulty and did In this pardeulu case on l 2 we think about these things like buffering. Now, 12 nolificaden. And so I'd like to go back to the 13 they're ••because the}ail folks are thinking about 13 staff and find out what we can do to eliminate the 14 security and a number of other things. So Ices 14 difficulty that wt for some reason ceatlnue to lave, 15 throw out all of the things that we're interested In 15 And I think we have addressed this before either on 16 and hopefully the residents will come forth and give 16 notification or ditto or lima or plan And,Ace I 17 all their Ideas and maybe wt can hash this out and 17 say,it just same like once a nsonth slam I've been Is get the best we can get given the limited amount of 18 on this Commission we have had that situation of not 19 room we have as a City. So I••I'm Certainly 19 informing the people and not getting good Input from 20 interested in any kind of Ideas, And 1 want to ask 20 them because we've had mix-ups or changes or whatever 21 the Petitioner some more questions. But,yeah 2I else to the agenda. So I'd l tee to address that, My 22 l.el's throw out All the ideas we have ht aims to me 22 Teal question came•• and I forget the young lady 23 Is appropriate, 13 that mentioned it. How are wt going about notifying 24 MR.RLSHEL: I think you -•I don't 24 in muldpta 1Anguages the Hispanic population that we 2S want to throw out the]&A that maybe enough is 23 have that is dominant In this area? And,obviously, Page 190 Page 192 I enough sometimes though, 1 we didn't do individual notification for the 2 Mr. Reed,to carry on •-and 1 wanted 2 Aputrttent complexes,which 1 would like to as some J 3 Mr. Hudspeth to be aware or this. This Is not the 3 way of•• of getting Involved in this situation. But 11 4 first time wv have had difficulty in our 4 are we notifying in both Spanish, English? And if S notification, And 1 say that because it smms like S we're not notifying In Spanisl%English-•and maybe 6 at least every other meeting we had something that 6 only Mr. Busk can answer this••are we within the 7 was either a miscommunicated date, a date and a day, 7 law on our notification? 8 the 14th and the Thursday or somethshng didn't line up 8 MR.DUCEK, the whole Issue on 9 and it ended up the Thursday was the I Sth or 9 notifiadon is a vre's no requirement about Hispanic to something, 10 wording. The theory that the Council had, I1 1 guess what wm need to do Is go to I I Mr. Rishel,to bring you up to speed on what happened 12 some sort of system where we have a checker and a 13 when we were doing the courtesy motion. The Council U double checker on our notification process. I3 wanted to do more but they wanted it to be cost 14 MR.MOREND. Excuse roe. Mr, Chairman, 14 effective and not,you know, to throw the baby out,1 13 we've lost our quorum, IS guess,with the wash. A0 so the theory they came up 16 MR. ENDF'LBRECIiT: I'm not sure that 16 with is that we'll do these 00 notices but at 0 17 would stop us from discussion. I'll ask Mr, Bucck to I7 same time we're going to post a zoning sign In that is comment on that one. Is Area. So we don't Just have them notices, There i9 MR.DUCEK7 No. I think the question 19 are ••I don't know•• did you get a chance,Wayne, r t; 20 is you don't want to take any action while you don't 20 to look? But there are signs about a rotling change 21 have a quorum. 21 up them, right? 22 MR. ENOELBRECHTr We can still continue 11 MR.REED: Yes,there arc, 23 discussions,can we not? 23 MR. BUCER: And No we've gone to iheae 14 MR,BUCEK: III& You know,we'vt hid 14 large roning signs. Now.h's true those am all In u occasions where we'd have things on an agenda and 21 English. But the thr;ylnt that the Council had when STOFFELS do ASSOCIATES DENTON,TEX 43, )565-9797 Page 189 Paid 192 t t Condenselt, PLANNINO & ZONIN0 5-26-99 Page 193 Page 195 1 we were discussing is that any kind of sign that's I under the previous ordinance would have received t 2 out there that people will we might raise that 2 nothing or a portion of those would have received $ certain Hispanics that Speak English might relay to 3 nothing, 4 the nonspeaking ones what's on that sign. The other 4 So the response that staff is getting 5 part of that problem is•• is that when you're giving 5 from residents Is greater now than we were receiving 6 notices to the apartments,the end result is soy don't 6 before we had the 200-foot notice or the signs. 7 have a way••we've done avt rything we can. We can't 7 Staff would like to clarify. That was an honest It come up with a way to access those addresses because I mistake. In fact,staff worked very had on getting 9 of the nature of the way the postal service Rind the 9 this out. in addition to working regular hors 10 postal Inspector do tholr Stuff. So the o's was the to during the week,wed come in on the weekend to get I I only way it comes up. You see,or tax records-•the I I this done. And, believe me,there were many hour 12 law says we have to look at the tax records to do our 12 put in to get this out Staff Apologized for that•- I3 200-foot rule, If you go to lease tax records,they 13 that minor error, 1 went out Monday and put up at 14 wouldn't help you anyway. You're only going to get 14 the Martin Luther King Ree Center a correctional is the landlord or you're not -- you'll get the owner of is neighborhood notice saying, correction. The meeting Is the property. So there's just a real sticky wicket t6 Is not Wednesday but Thursday May the 20th I did 11 there. Now,the other issue Is •-and we've got to 17 Insofar as f could do make up for that mistake, la be sure we're clear. And, Wayne,you can clarfy Is There was no Intent lo misprint or misrepresent the 19 this. We have a lot of control over the 200-foot 19 day of the meeting. 20 notices and the 500-foot notices of this mating and 2D MR.Ri DEL: I don't think there was 21 of the Council mating, But I thought what the 2i intent either,Mr.Recd. But it 22 gentleman was talking about was the neighborhood 22 MR.REED; I Just wanted to clarify 23 mocting• 21 that. 24 MR.REED. Correct, 24 MR.RISHELt --it just seems like It 23 MR.BUCEK: Arid,see we •• you might 21 happens more often than we'd like to have it happen. Page 194 Page 196 1 want to caplaln how that neighbor proses•-do we 1 1 know•• I'm embarrassed. 1 want to apologize to 2 send those notices out or the ekveloper7 2 the neighborhood for that happening, And 1 know it's 3 MR.REED, well,we try to in every 3 not intentional. It's just•• we need to find s 4 case send the neighborhood notice out with the legal, 4 better system. We reed to do more checking. I don't , S slash,eourksy notices,which was the case with this s know what the secret is. But we need to work through 6 one. The mistake was made on my behalf by putting on 6 that problem and•- 7 the neighborhood notice Wednesday May the 20th when, 7 mx REEi}. I don't think the mistake a In fact,that was Thursday May the 20th. And staff a here was with the legal notice or the cotriesy 9 would like to point out that the problem Is with 9 notice, 7?e neighborhood mating notice,which, 10 the••the mistakes that we've made on notifications 10 again,Is not part of the requirement here. So u I I Is the rate of development and the staff Icve1 that I I fat as the Legal notice goes and the courtesy notice 12 we hov:to fulfill that obligation. As I stated,we 12 goes, start would like to point out I think we're 13 had 36 notices mailed out••legal notices for this t3 somewhere around 9S,96,97 percent accurate In 14 particular case. Fur another one tonight,we had 53 14 getting it to the exact property owned that teed to 13 k9al notices. For another one,we had two. For a I5 receive:them and to the residents who reed cotuloy 16 third, we had somewhere around I C It takes many 16 notices. So I'd like to make that distinction to the 11 staff hours to just identify property owners. The 17 Comnllssloner, v I I courtesy notices,as Mr.Nock pointed out,go above Is MR,RISHEL: Okay, Lei me go one , 19 and beyond the minimum state mqutrement. And that 19 let me work off of what Mf.Bucek indicated,he who 20 was because City Council wanted to gel the word out 20 has knocked on most of those doors In those 21 more so about zoning changes They're effective and 21 neighborhoods over there. And 1 was very impressed 22 they mat that Intent. They're not 100 percent s2 with the broad spectrum of people that lived in chase 23 accurate in reaching every household or apartment out 23 neighborhoods. But I find myself kttoclting on A lot 24 there. But they reach••in this particular case,we 24 of doors that no one at borne spoke English. And I i 2s sent them to 140 identifying addre which in •• I yt g sees, 2s know that them are residences and families that live STOFFUS & ASSOCIATES DENTON,T13X 41 1 565-9797 Page 193 • Page 196 c v, CondonsoltA1 PLANMNO &ZONRIO, 5-26-99 Page 197 Page 199 1 there, And we need to do a better Job of conveying I Petitioner-• i< t that in Spanish 2 MR.REED: The Applicant's 1 MR.ENGELBRECHT: Could we take the ] representative -- 4 rest of this discussion up at another point in time 4 MR.ENOELBRECHT; ••has any comments s when it's -•as opposed to•-it's not totally s on it 6 germane to thus case, I guess is what I'm saying, 6 MR.RUDDELL: X one thing that l do 7 MR. DONALDSON: Nest week at our work 7 know is that a tilt wall construction,which is 6 session,we could,in fact, address all of this. 6 1tsually made out of a masonry facade. Beyond thv% I 9 MR. ENOELBRECHT: Okay. Oood. Other 9 haven't seen anymore on the documents yet, 10 questions for Mr. Reed or comments about the location io MR ENOELBRECHT: Okay. Thank you, I I1 or any.,der aspect of this for the County? Yes. I I guess my comment would be-•I mean,this is neat to 12 Ms.Apple. It a neighborhood. Obviously,there's a concern about 12 MS.APPLE: I guess with--regarding 13 intrusion Into the neighborhood. And It would seen 14 the information that Mr.Aucek gave, this would 14 that this is the transition point as Mr.Rishel has 1s certainly scan like a reasonable use for this area. 1s said. And it ought to appear as •• as much of a to It would put everything within a proximity of lase. 16 transition area as it can,you know,a nice extern al 17 And I'm not sure where we go from here. 17 structure with landscaping and••to buffer the more 13 MR. ENOELDRECHT: I understand. Mr. It intense use that's to the east of it on this same •- 19 Reed, would you talk a little bit about the 19 and ate County's property would just seem 20 landscaping along Ruddell. Whether or not there was 20 appropriate. I,too,am concerted about••If they 21 a parking lot there or whether or not there was s 21 could, I would certainly like to see the curb cuts 22 driveway, what would be requireJ of•- the County-- 21 and the entryways on Ruddell limited. u there was an Indication here that they would comply; 11 I temctnber when the other--when the 24 and,so,therefore,under that guide what would 24 courthouse came in. 1 was real concerned about that u complima mean In terms of landscaping along 23 cut that was going to go at the end of Hickory Street Page 198 Page 200 i Ruddell? I beaux that war going to put pressure on Hickory and 2 MR.REED: well,we have 15 trees pct 2 Ruddell; and oeMnly has. So one or the ••a ) acre and a 20•percent pervious surface requirement. 2 couple of folks In here that were in opposition 1 4 Clearly,they mat the pervious surface requirement, 4 think were on Ruddcll. On the little segment between S though they are ••and moreover,they would need to S Hickory and McKinney,the traffic is••comes down 6 provide 15 trees per acre on this site right here. 1 6 Ruddcll off of A1cKlar_y and then cuts Into the 7 don't know a tree count hrre, But in the area that 7 courthouse or comes atralght down East McKinney•.or 6 they're actually developing,which we could draw a I East Hickory and conies in And to put more curb 9 a •• 9 euU,it seems to me,is just going to encourage 10 MR.DONALDSON: Artificial lot line •• 10 increasing the traffic on thou little streets and I i MR.REED: —artificial lot line•• 11 put greater pressure on that resldenuai are. 13 MR.DONALDSON: •-to exclude the 12 MR CLAW Roddell Street la a 11 undeveloped area, 13 collector u there's not a whole lot of restrictions. 14 MR.REED: And demonstrate that they're 14 1 mean,you an put them every SO to?S red. So you 1 S providing 15 trees per acre. But as Mr.Bucck is would have to do—probably just ask for voluntary 16 pointed out, 15 trees per acre on this site may not 16 compliance. I think they would probably agree you 17 be what we want. We may want to be more concerned n1 already have•-this driveway's already there,isn't It about screening with small shrubs ••2-foot shrubs of to it? 19 a parking lot from the street more so than trees. 19 MR REED. Yet. � 4, V 20 MR,ENOELBRECHT: Do we know anything 20 MA.CLARK: This is their county r 11 about the facade of this structure,in terms of what 11 nwntewvv facility. 22 it's going to look like compared to the courthouse 22 MR.COLEMAN: Yes, Yes That Is u or•- 21 already there. 24 MR. REED I••1 can't speak to that 14 MR ENaU1kFM: out there's••but 25 MR.ENDE .BRECHT: t wonder if the 29 you don't enter from off of Ruddell. STOFFELS & ASSOCIA'T'ES DENTON, TEX/ 45. $65-9797 Page 197• Page 200 e I Ir f Coodonseltm PLANNING & ZONINO,5-26-99 Page 201 Papa 203 1 MR.CLARK: That is Ruddell Street, t MR.AISH111i Mr. Ridel•-is it Rldel? 4 2 isn't It? 2 Matt Pronounce the name again. 3 MR.REED; Yes. 3 MR.REINU Rolnl. 4 MR.CLARK: But I guess what I'm saying 4 MR.RISHEL: Yes, air, Has the 5 is there's enough-•there's enough places they can 3 building aheady been drawn? 6 come out in other areas. I think you could ask them 6 MR,REINL: Not to my knowledge. 7 to do that. 7 MR,RISHEL: Okay. So this Is still 6 MR ENOELBRECHT: Well,that's$ t I ! Just a- 9 was •• 9 MR,REINL: Preliminary-• 10 MR.CLARK: I agree by what you're to, ' MR.RISHEL: -a footprint? I I saying is you'll keep the sphere of influence north t I MR,REINL: Yes. 12 of Hickory as much as possible by doing that. 12 MR,RISHEL: Would there be any 13 MR ENOELBRECHT: Right. Exactly, And U objection to rotating the building••I mean,I can 14 1-- 14 see two or three different rotations here where the 15 MR.CLARK: That's a good IS building would be long ways on the property is 16 recommendation if that's what you're trying to do. 16 opposed to width ways on the property, 17 MR.ENOELBRECUT: Obviously,to me, 17 Mx.REINL: Prom constructability,no. IN that's about all w have to do here Is to make to MR RISHEL: No what? 19 recommendations, And I-• 19 MR.REINL: No,It wouldn't he a 20 MR C'.ARrc: if you're trying to limit 20 problem,which,you know,taw you design it or what i 21 the cf.ects,then you should try to keep everything 3, It looks like•• 22 to where this Is the last connection. And hopefully 22 MR.RTSHEL: Still be able to make your 23 they could include that in their plan. 23 access from the courthouse in some son of connection ; 24 MR.ENOELBRECHT; Sure. 24 way and 25 MR.BVCEK: But if you'll remember from 25 MR.AEINL: Correct Page 202 Page 2041 1 the prior .-I don't know if it's a prier case. But I MR.RISHEL: •-still have that put of 2 if you're going onto Ruddell from the new courthouse, 2 the facility where you need it? E 3 you know It's developed where you• it's not 3 MR."INL: Correct 4 conducive to traffic flow. Remember it's cut where 4 MR RISHEL: okay, s you really have to be wanting to go out that exit 5 MR.MORENO: Question? 6 because there's not a straight stmt that takes you 6 MR.ENOELBRECHT: Yes, Mr, MOMW. 7 like from either Woodrow or either from McKinney. If 7 MR.MORENa. This is for the s you're coming through,that's not a shortcut, s Petitioner. I don't know whether this Is on option k ' 9 There's no way you're going to go onto Ruddell for a 9 or not. But have you looked it the possibility of i 10 shortcut to get around some -- to moving the building as far south on the side as we I I MR,ENO@LBRECHT; Oh, rte. You can't-• 11 can or as you can? Ir 12 no, 12 MR.AEiNL: Well,the suggestions you 13 MR.BuCEK: Where that is. And I think 13 hrro are real terrific and they an legitimate 14 what you're saying is you probably have the right to 14 concerns. But they should be brought up with the 15 condition and say that the next-- the exit onto is persons actually putting the design on paper. 16 Ruddcll on this case be similar to the access that's 16 MR Moms Who Is that person? If i 17 provided to the new courthouse, Something like that 17 1--if 1 may. Go ahead Is would givr some direction to staff and to the County is MR.RtSIIEL: oo ahead Hugh. � 19 as to what you're saying, maybe. 19 MR.COLEMAN: 1 don't want to A 20 MA.F.N0ELBRECt1V Well,It just seems 20 'interrupt 1 think Mr, Buoek really stated it 21 to me they should be limited. And I ••without •• it We're really here to listen to your Input and I'm 22 until you have the building design, It's hard to know 22 busily taking notes so,you know,whatever input that 23 exactly how to•-bow to limit them. But I think 23 y'all would like,you know,I'm writing it down now. 24 it's to me is •-the best I would Want to do is N And I will be happy to make lure that it-- 25 provide that input and suggest It and be done. 135 MR.MOKVO; I'm Just wondering how STOFFELS & ASSOCIATES DENTON,TI3X 46 565-9797 Page 201 • Page 204 t. t, Condcascltt" PLANNING&ZONING, 5-26-99 1 much of a burden it would be to move the but dine 20S Page 207 2 south and away from the houses that are on Rod _11 2 these I assume comments. s was ••why we were here to make 3 Street bctwocn Hickory end McKinney. Would that 3 s destroy Your Pedes7ian access or tunnel or whatever a That's what this is for, 3 it is? yG9' 6 MR.BUCEK: 1 think one of the things 6 got aomeMR.ENOELBRECFIT: Yeah. Is ao we could 7 that 1 want to be sun,to the extent it may be that 7 I it appears we're ill prepared. You understand,wore g MR. Lr A public hearing. 9 looking at A zoning Issue and there's still the plat 9 Were ENGE NOELDRECNT: Now,['m Interested. 10 to conic. And you'll have the opportunity 10 look at l0 neighborhood king Holey bp that?meeting was the I I the plat. And 1 think the issues of what you could taking 1 t notes passed on to yowl 12 do to give you sonic Ideas. You can talk of.. 13 MR.REED: Mr. eucck, 12 MR.COLEMAN: No,I was not. I'm not MA DUCEK; Yea' 1, 11 aware of what••I wasn't there so 1 can't speak as 14 to what went on. Apparently and from what I've heard t3 MR,REED; I'm sorry t0 interrupt you, I S that,16 It's--the property is ptatte t,you know,the Sheriff In good faith along with I7 MR,DUCEK: R's already platted, 17 ymo t a f etio foie row Input r b Powell,went to that is Okay. g P people in that area.It 19 MR,COLEMAN: Mr, Moreno,we do have a 19 I think thoseePeopl raised ace oa considerable I amount 20 county maintenance facility at rho South end of the 20 to answer them 1 bquestions. lieve also that there were other 21 property, I believe, So 1 don't know how much 21 issues raised that really weren't directed towards 22 further south we could put it.21 22 the-•you know,this facility. fically,the MR.DUCEK: Based on that Information, 22 Phoenix apartments and Some other things. I just 24 what you want to do since it's a zoning can and you 2e think the 26 can put conditions on, you know,you have the ability 2S that meeting end that wele'n of{�rc4�lt go to y trying to I to look at traffic pattcros, w .. Pie 106 Page 108 2 1 chow y'alI that we want to work with y,all and ws MR MoaENO; Oh,that vehicle 2 really want yokr Input 1 maintenance facility is there already? 3 MR ENOELDREW: No. I understand Ma.APPLE; Yea. 4 that, I was just wondering whether they did Provide 3 MR MURFA0 pkwy, 50 It'1 sot a nCW 6 building? S this kind of Input that WAS passed long to you that 6 would suggest location turning. 7 Ms.APPLE. n''exh!ing' 7 MR.COLEMAN. 1 didn't have anytlilng g MIL BttCLK! rte's showing you right now, ! passed on b me, 9 NtR MUAEN'o okay, All right Okey. y 10 Thank you. MR.ENOELBRECHT; okay. All right, 10 Well,that doesn't mean that the residents couldn't I1 Mrs, EUCEK! So the normal thing we 11 pass along suggestions to you,comet? You'd be 12 would do on zoning conditions,you would my how wide 12 happy to take those In about facade And landscaping 13 you want the burfcr betwom Ruddcll and this M. 13 and curb cuts and•- 11 And as a result of that, that would be a guide they Ie 16 could follow to determine which way they turn the i! 'WLEMAN: You better believe it. 16 building or how they do that. MR.ENOELBRECN't: Okay, Very good, 16 7bank 17 M3 APPLE And just a comment. To 17 Input with regard regard to thlonen, do you have any other 18 move the building further south would actually defeat is MR.RLSeEL: I think that the building 19 the purpose of having its proxim ty to the 19 that's the court's building now Is•• for most people j�;- 20 courthouse,which would take away the bcncftt of the 20 In out community we'd consider that to be t!dopy 21 short d stance for the prrvial dctaincea'walk, 21 Attractive building, And so I'm I little:bit 22 MA.Nt0A6`:0: t understand,Commissioner 22 conoamd that we're digressing in what we've dose In 21 Apple, but I'm looking for alternatives. 24 MR ENOELAAECHT: I have••! 21 �development of this pica of property. 1 know 21 apprcrlate your comments about taking notes. '!bat's 25 that are on the Woodrow Lane side Are metal strvctuml STOFF'FLS do ASSOCIATES nBNTON,Tl3X� g? $65-9791 Page 2 45 • Page 208 • C l! Condenselt' PLANNINO&ZONING, 5-26-99 Page 2091 Page 211 1 building-type structures Of tilt well structures are 1 with the representative from the City Manager's " 2 whatever else, So I'd tike to see the pattern of the 2 office,the planning staff, along with the County 3 brick-type facade being carried on with the other 3 representatives,it is their intent to get to City 4 structures that are going to be koffecting and helping 4 Council on June 1 Sth. To postpone this to June 9th, S to influence the character of this neighborhood as 5 that would be Wednesday the--before the Tuesday. 6 much as possible. So it would be a recommendation of 6 MR, DONALDSON: That makes getting a 7 mine that we look more toward a brick-typo facade or 7 staff report to Council if not difficult•• s something that might look like brick In the form of s MA RLSHEL: 1 f ust foci consistently 9 tilt wall which would certainly be possible,too, 9 wro've had a much better product to present to City 10 that would bring it more In visual connection with 10 Council when we've had an opportunity to get good 11 what 1 consider to be of a fairly attractive building 1 t input. It sounds like the last public meeting that 13 with regard to the courthouse, 12 we had might not have bodes good attendance as we'd I3 So a more brick look or brick facade 13 like to have had. Might not have had all the notice u look would certainly be appropriate. Rotation of the 14 it needed ahead. Might not have been as convenient is building and the footprint would be things that 1'd IS to people because of the change of the dale and their 16 want to consider. No access along on the Woodrow 16 preparing the time and evcrythi tg else, And If they 17 Lane area would be something 1 think that would help 17 knew wlxre the discussion is and what sort of 16 preserve the neighborhood and not endanger the other Is flexibility and what cooperation that the County 19 people that am on that street and thoroughfare, And 19 wants to show in trying to help develop the 20 then I'd like to we wfiat we can do to move the 20 neighborhood and preserve the neighborhood that I 21 building as fu away from the Woodrow side as 21 think it would go a long way In trying-• and be a 22 possible and either Include additional landscaping. 22 much more friendly stmosphim for everybody If they 23 MR.BUM: Ate you saying Woodrow or a understood what the parameters they're trying to work 24 Ruddell? 24 with and how they could address It directly and try 23 MR. RISHEL: Excuse me. dell side. AS to create a better environment and product for Page 210 Page 212 I Did I say Woodrow? I'm sorry, So I'd like to push I everyone. 3 the building as far as possible away from the Woodrow 2 MR REED: 1 agree, I was Just 3 Lane side and then find a way to create another 2 commurdeating Denton County's intent to get to City 4 buffs somewhere between Iandscaping and like they've 4 Council by June I Sth. f apparently done on the northern part or the lot where S MR.BUCEK: let me•• 6 they have done multiple office complexes and things 6 MA REED: We could clearly have 7 that seem to be harmanlous with what the rest of the 7 another neighborhood mating. A stmosphcrc has bom that they've created In that area s MR.BUCEK; The other Issue Involved is 9 of Ilse criminal Justice thing. So 1 think that would 9 ysru raed to under+und that the Council will be 10 help the neighborhood In protecting them with regard 10 taking•-the June 1 Sth is their last mating for I1 to what sat of a development we'd do along that I t about a month••well,for longer than a month, 12 arcs, 12 MR.DONALDSON; 2uly 20th. e. 13 Mil.ENOEURPMr.4 Any other comments? 13 MR.RISHEL; We would have our next 14 In that case,if there arc no other comments,is 14 mating on the 9th. IS there a motion? 1s MR.BUCEK: Yes. But then you still 16 Ma RtSHEt one of the things we've 16 have to be able to do the posting and give the 17 doi.c in the past Is we've encouraged when we don't 17 notices to-• Is sometimes have enough Information to be We to Is MR.RISHEG Which Is three days. 19 proceed ourselves In good P 8 judgment of whet direction 19 MR BUCEK: CiHttn6 have•• e f Al ` t• 20 we need to take on something,we have gone back and 20 MR DONALDSON: Pifteen days. ' 21 asked our Petitioner to do additional neighborhood 2I MR.BVCEK: It's IS days. 22 meetings. And I would personally like W ace then do 22 MA.RLSHEL: Why can't we notify end do 23 another neighborhood mating bcforc%v"on this. 23 a neighborhood meeting and present this all-- 24 MR REED. it 1 could Insert. In 24 MR.WOELBRECHT: Ms.Apple,did you 23 preprocessing conversations with the County,this was 25 have a comment? STOFFUS alb ASSOCIATES DENPON, TI1XA 48. 565-9797 Page 209• Page 212 c f l Condonseil' _PLANNINO & ZOMNO 5-26-99 1 MS,APPLE: ]just want to 213 to a make a I voting against the motion based upon the Page 215 2 comment Just to be noted that four of the people who 2 Inconsistency with the 1988 and 1999 Denton 3 responded actually In favor of this request reside on 7 developmen!plans. 4 Ruddcll with one of the people who not only resides 4 MR.ENOELBRECHT; Any other comment? I S at one address but owns two other properties on that s would like to say that while this certainly is going 6 street, And I Just wanted that In the record that 6 to put additional traffic impact in there for some 7 they are actually In favor of the request 7 p,-essum ou the neighborhood,it seems to be it-•the 6 MR.REED: That's correct. 8 facility seems to be consistent with the courthouse 9 MR.ENOELDItrCHT: I might Interject 9 and would be appropriate to put It there, Although to that in the past we have asked that they hold an to there's certainly a great deal that can be done with I i additional meeting -- we-voted on and asked that they t t regard to design and haw it's located to lcsist in 12 hold and additional mating and sent it on to 12 its buffering with more intense Jail uses to the 13 Council. 13 east. 1 would like to say that I •• and I know some 14 MR.RISHEL: I want to correct 14 residents tuggoted that, again,this Is more 15 Mrs. Apple. And 1 may or may not be correct and 1 IS pressure on the neighborhood. From the other 16 don't know. What you said was they resided on there. to perspective,I would say that f know that Denton 17 And that may or may not be the question, That's 17 has••the City has worked very hard with regard to Is whether we notified their property. I cite Mr, 18 improving strocts,sidewalks, the park in the 19 Franco because 1 know he doesn't reside there. But 19 neighborhood. There has been some private 20 he was notified. So it may be that he's the primary 20 development of Individual Single-Family homes,which 21 property person,okay,and they own property there. 21 is•• which have ban built is addition to 22 But they may or may not reside there, I don't know, 22 Mr. Hudspeth's,it number of others. There have been 23 MS.APPLE: But it's the property 23 a number of••the Habitat for Humanity has built A 24 t.w»ers who actually have input. Ycah, H's 24 number of new horses in the Area. So there ••there 23 actually•• 2$ also appears to oe a number of acts taking place to Page 214 rage 216 I MR, ENOELBRECHT: }laving stated that•• I work at preserving the neighborhood with I think the 2 MR.REED: if we do postpone •- if 2 exception of Ruddell Stmt and some of Hickory 3 that's the motion that the Commission makes,one s there,which are not being helped. But that was 4 eting staff may have to do is not provide minutes of 4 already sort of overdone with-- the courthouse and , S the June 9th mating for the July 15th•- oh,excuse 5 the other facilities pretty much did that in, 6 me ••June 15th City Council orating. That would be 6 And so I••there to a-•there are a 7 the one position I think staff would have to take, 7 number of other aspects going on that Are attempting s MR.EN MLERECHT: Is there a•• is s to help preserve it And given the fact that we 9 there t --any other comments or questions to staff 9 can't stop this facility if we wanted to,the I or t motion? 1 I 1 10 County's asking for our Input 1 think we should MR.RtS11FL: A motion to postpone, l l give it and do what we can, 12 MR. REED: To June 9th? 12 Okay. Any other discussion? All In I3 MR, RISHEL: Until June 9th. I favor of the motion raise your right hand. Opposed 14 MR. ENOELBRECIIT: Is there a second? 14 same sign. A Die for lack of a second, 1s there any other Is MR.RISHEL: !opposed, ) 16 motion? 16 MP.M0REN0: (opposed.) 17 MS.APPLE: I'd like to move to 17 MR. ENOEL110CHT: We have a tie, No 18 recommend approval with the conditions as set by 1 s action. No recommendation by the Commission. And, �r 19 staff, And I would also like to add that as it moves 19 Mr, Reed. �, 20 furticr onto City Councit that these things that 20 MR REED: Yea. I f' 21 we've mentioned tonight are looked at by both the 21 MR.ENOELBRECHT; Would you ask Mr, 22 dc-:eloper and the Council members. 22 Powell, If he Is not Asleep ••actually,I guess,he 23 MR. ENOELBRECHT; is there•• I111 23 should be watching on television. 24 second the motion. Any discussion? MR.Moreno. 24 MS.APPLE: tle Is. 23 MR.MORENO: Mr, Chairman,IT!•0 23 MR.ENOELBRECHT: Mr, Powell. STOFFELS do ASSOCIATES DENTON, TEX/ 4 9. 565-9797 Page 213 - Page 216 s t ATTACHMENT 3 w ORDINANCE N0. AN ORDNANCE OF THE CITY OF DENTON,TEXAS,PROVIDING FOR AN AMENDMENT TO THE CONDITIONS OF ORDINANCES 89.171, 92.033, 94.126, AND 96-048 WHICH ESTABLISHED CONDITIONED LIGHT INDUSTRIAL CLASSIFICATION AND USE DESIGNATION FOR 64.4155 Af RFS)OF ZONING LOCATED ON DISTRICT THE SOUTH SIDE OF MCKINNEY STREET AND THE WEST SIDE OF WOODROW LANE; PROVIDING FORA SAVINGS CLAUSE;PROVIDING FOR A PENAL7Y IN THE MAXIMUM AMOUNT OF $2,000,00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFFCTIVE DATE. (Z-99.035) WHEREAS,Joseph Santopetro,on behalf of Denton County,has applied for an amendment to the conditions of Ordinances 89.171, 92.033, 94.126, and 96-048, which established a Conditioned Light Industrial(LI(cj)zoning district classification and use designation for 64.4155 acres of land; and WHEREAS, on May 26, 1999, the PIanning and Zoning Commission considered the rezoning request and based on a 2-2 vote does not forward a recommendation to the City Council regarding the requested change in conditions of Ordinances 89.171,92.033, 94.126, and 96.048; and WHEREAS, the City Council finds that the change in the conditions ofOrdinences 89.171, 92-033.94-126, and 96-048 will be In compliance with the 1998 Denton Plan Policies Growth Management Strategies and Plan; NOW,THEREFORE, ,and the 1999 THE COUNCIL OF THE CITY OF DENTON HEREBI,OR DAMS: =71M. That the conditions of Ordinances 89-171,92-033, 94-126,and 96.048,which � established conditioned Light Industrial(Ll(e])zoning district classifications and use des£gnatt for the subject 64.4155 Acre property, described in the legal description attached hereto and incorporated herein as Exhibit A,arc amended uMer the comprehensive zoning ordinance of the City of Denton,Texas, as fol£ows; L That only public buildings, including correctional facpidea, for local, atsle, or federal governments and professional and admtaistradve offices be permitted. SECTION i1 That the provisions of this ordinance shall govern and control over any conflicting provisions of Ordinances 89.171, 92.033, 94.126, and 96-048, but all provision,of Ordinances 89.171,92-033, 94-126,and 96.048 as they apply to the remaWng portion of the zottirtg r district land use rcgulatians not here[,]amended,shall continue In Poll force artd effect. S=Q= That a COP)'of this ordinance shall be attached to Ordinance 89.171, 92.033, 94.126, and 96-048 showing the amendments herein approved. 50, ._� _• _- 1. f l f.' I I l I III I i i f I i 1b1.LY'1OLIVIWICMRYOL'Ar P�wrOVrrwvwtll Avr,Y i ATTACHMENT 3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENi'ON,TEXAS,PROVIDING FOR AN AMENDMENT TO THE CONDITIONS OF ORDINANCES 89.171, 92.033, 94.126, AND 96-048 WHICH ESTABLISHED CONDITIONED LIGHT INDUSTRIAL (LI(CI) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 64.4155 ACR:S OF LAND LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET AND THE WEST SIDE OF WOODROW LANE; 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. (2.99.035) WHEREAS,Joseph Santopetro,on behalf of Denton County,has applied for an amendment to the conditions of Ordinances 89-171, 92-033, 94.126, and 96-048, which established a Conditioned Light Industrial(11(cj)zoning district classification and use designation for 64A155 acres of land; and WHEREAS, on May 26, 1999, the Planning and Zoning Commission considered the rezoning request and based on a 2.2 vote does not forward a recommendation to the City Council regarding the requested change in conditions of Ordinances 89-171,92-033,94-126,and 9C,048; and WHEREAS, the City Council finds that the change in the conditions of Ordinances 89.171, 92-033,94-126,and 96-048 will be In compliance with 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 I. That the conditions of Ordinances 89-171,92-033,94-126,and 96-048,which established conditioned Light Industrial (L1(c])zoning district classifications and use designations for the subject 64AISS acre property, described In the legal description attached hereto and Incorporated herein as Exhibit A, are amended under the comprehensive zoning ordinance of the Cit) of Denton,Texas, as follows: 1. That only public buildings, including correctional facilities, for local, state, or federal govemments and professional and administrative offices be permitted. SECTION 11. That the provisions of this ordinance shall govern and control over any conflicting provisiuns of Ordinances 99.171, 92-033, 94.126, and 96-048, bi,t all provision+ of Ordinances 89-171,92-033,94-120',and 96.048 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 111. That a copy of this ordinance shall be attached to Ordinance 89.171,92.033, 94-126,and 96-048 showing the amendments herein approved. 50. c u �awi.Mxiuwumttman.eo..rca.,,.,wywa w.rr SECTION IV. That any person violating any provision of this ordinance shall, upon conviction,be finod 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 V. That this ordinance shall become effective fourteen(14)days from the date of its passage,and the City Secretary i hereby directed to cause the caption of this ordinance to be published twice in the Denton Reootd-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: JENNffER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L.PROUTY,CITY ATTORNEY BY: 4^ S1, PA013 2 , • EXHIBIT "A" (Z-99-035) BEING A TOTAL OF 64.4155 ACRES TRACT 1 (21.9725 ACRES) LOT IC-2 OF THE ADKISSON ADDITION, AN ADDITION TO THE CITY AND COUNTY OF DENTON, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET D. PAGE 197, OF THE PLAT RECORDS OF DENTON COUNTY,TEXAS. TRACT 2(10.303 ACRES) LOT 1, BLOCK 1 OF THE DENTON COUNTY MAINTENANCE FACILITY ADDITION, AN ADDITION TO THE CITY AND COUNTY OF DENTON, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET M, PAGE 133, OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS. TRACT 3(32.140 ACRES) LOT 1, BLOCK A, OF THE DENTON COUNTY CRIMINAL JUSTICE FACILITY ADDITION, AN ADDITION TO THE CITY AND COUNTY OF DENTON, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET M, PAGE 384, OF THE PLAT RECORDS OF DENTON COUNTY,TEXAS. i i 1 rf . I 52. � 1 V NNY-2'3-9,Y 06124 PM VEFITON HOUSING HUTHORITY 940361203% P.01 ATTACHMENT 4 �aaies�a>•aaa� NOTICE OF PUBLIC HEARING Z-99-035 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 26, 1999, to consider amending the various wnditions of Ordinances 80-171,92-033. 04.126, end 06-D48 as they apply to the entire 84.4185 acre Denton County property by-resting one Light industrial (LI) zoning district with consistent restrictions. The request is to remove tha requirement for a opednc use permit for )aft facilitlos, It is located on the south side of Mcklnney Street and west side of Woodrow lane (see mop on backside). The purpose of the zoning change is to remove the requirement for a spec use permit for Jail fadlWes. The ppuubic hearing will start at 6:30 pD,m. In the City Council Chambers of City Hall located at 216 E. Mci Innay Street, Denton, Texas, 9eeause you own properly wither, two hundred(200J loot of the suDJect properly, the Phenlnp end 2on1 Com»rlssJon would Dike fo henr how you last about this zoning change nquesf a6d "0 you to offend fh0 pubic h 84l - Please, in enter!or your opinion to be taken into account, rethis form with your eommenb prior to the dale of lho publc hearing (this rn no wsy protllblis you etfendlnQ and psi crparing !rt the public hearing) ou may fax It to the numixr located at the bo , mall it to the address below,or drop not ln.peraon; Planning and Development Department 221116 Elm ST Denton,Texas 74201 Attn: Wayne Read, Planner It The zoning process Includes two public hearings designed to provid-s opportunities for dtl;ten Involvement and comment, Prior to the public hearings, landowners within two hundred (200) fat 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 forwslyded to the City Council for final action providing the Commission recommends approval, Should the Commission recommond denial, the petitioner moy then appeal the request to the City Council, If ewnsrs of more than twenty (20)percent of the land area within two hundred(200)feet of the site submll written opposition, then six out of seven votes of the City Council are required to approve the zoning change. these fonds ord used to calculate the;wontapo of landowner opposldon. Please circle ens; In:(avor�,�% Neutral to request Opposed to request Comm Signature: �Ii Printed Name: �,+ PAY 2 5 Mailing Address: City, State Zip: PLANWI^'4 F, Or'V4i�};1 '''VF C Telephone Number: - AAA- Physical Address of Property wlthln 200 feet C1fYOFDENTON, TEXAS GTYHALLWEST + DENTON,T" 76201 - 640,340,6300 • (f)040.340.1f01 t so o�s:oo rata.aces 53. C, NOTICE OF PUBLIC HEARING Z-99-035 The Planning and Zoning Commission of the City of Denton wilt hold a public hearing on-Wednesday, May 26, 1999, to consider amending the various conditions of Ordinances 89-171,92-033, 04-126, and 98-048 as they apply to the entire 64.4155 acre Denton County property by creating one Light Industrial (LI) zoning district with consistent restrictions. The request Is to remove the requirement for a specific use permit for Jall facilities. It Is located on the south side of McKinney Street and wost aide of Woodrow Lane (see map on backside). The purpose of the zoning change Is to remove the requirement for a specific use permit for)all facilities. The public hearing will start al b:30 p.m. in the City Council Chambers of City Hail located at 215 E. McKinney Street, Denton, Texas, aecauso you own property within f*o hundred (200) feet of the subject property, the Planning and Zoning Commission would Jlke fo hear how you f3e1 about this zonng change request and lnvifea you f0 attend the publk hearing. Please, in order for your opinion to betaken into account return this form with your 78 n ts prior to tha date of the public hearing. (This no wayprohibos you from attending and parng in the public hearing) You may fax It t0 the number located at!ho bottom,mats it to tl ie add1ow, br drop'It bN ln-pereon: Planning and Development Department 221 N. Elm ST Denton,Yexas 78201 Attn: Wayne Reed,Planner II The zoning process includes two public hearings designed to provide opportunities for citizen Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notifiod of the zoning request by way of this notice. The first pubk 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 denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200)feet of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms ora used to calculate the percentage of landowner opposition. Please circle one: In favor of re ues Neutral to request Opposed to request Comments: j p 2 C E I Signature: MAY 2 5 1999 Printed Name: M �1NU�f Ir Mailing Address: 313 JV i PLANNING & DEVELOPMENT �'' -A City, State Zip,. 4u, 1 `dIt �J'-PPG/; - r1(0 Telephone Number: --qJf1 Physical Address of Property within 200 foeL . 9/3 — ' 171/ - 919 &4d e4l CITY OF DEN TON, TEXAS CITYHALLWEST a DENTONJUM 7620t + 040.340.6350 1 (F)040.940.T101 to 033 KO'Nouce doe Si, c� I NOTICE of PUBLIC HEARING Z-99-035 The Planning and Zoning Commission of the City of Denton will hold a public hearing on.Wednesday, May 26, 1999, to consider amending the various conditions of Ordinances 89.171, 92.033,94.126,and 98-048 as they apply to the entire 64AI 55 acre Denton County property by creating one Light industrial (LI)zoning district with consistent restrictions. The request Is to remove the requirement for a spealtic use permit for Jail facilities. It Is located on the south side of McKinney Street and wost side of Woodrow Lane (see map on backside). The purpose of the zoning change is to remove the requirement for a specific use permit for fall facilities. The public hearing will slant at 6:30 p.m. in She City Couny" Chambers of Ctly Hell located at 215 E. McKinney Street, Denlort, Texas. because you own property wlthrn two hundred (200) feat of the subject property, the Piannrng and Zoning Commission would Jike to hear how you feet about this zoning change request and tnvtlss you to attend the public hearinp. Please,fn order for your opinion to be taken Into account, retum this form with your comments prior to the date of t o put hearing. (This !n no way prohl6hs you from all ending and pariiclpating rn the pubric hearing.) You may fax K to tha number located el the bottom, mall It to the address below,or drop It off I'Person. Planning and Development Department 221 N. Elm ST Denton,Texas 78201 Attn: Wayne Reed, Planner II The zoning process includes two pubnc hearings designed to provide opportunities for citizen Involvement and comment. Prior to the public hearings, landowners within two hundred (200)feet of the subject property are notified of the zoning request by way of this notice. The first public hearing Is held before the Planning and Zoning Commission. The Commission L: Informed of the percent of responses In support and In opposition. SeowW. the zoning petitlon Is forwarded to the Clty Council for final action providing the Commission remnomends approval. Should the Commission recommend dental, the petitioner may then appeal the request to the City Council. if owners of more then twenty (20) percent of the land area within two hundred(200)feet of the sit.,submit written opposition.then six out of seven votes of the City Council are required to approve the xming change. These loans are , used to calculate the percentage of landowner opposition. RIAA cIrcl one: In favor of request eutraI to re ) Opposed to request 1 Comments: Signature: f� MAY 2 5 199! Printed Name: Mh'S. If. P. Sir njc tz �9 MallingAddress: '9.00 if/. Jt?LZQJ7 - J-L LANIMO Lt DEVELOPMENT +, City, State Zipl -bff-vta Af �F t d S -76L0s Telephone Number: 24Q., 33 X93`. — &il fl, Physical Address of Property within 200 feet: 17/D�y, 1�11Q ZrL�: CITY OPDENTON, TEXAS CITY WILWEST 4 DENTON,TEW 70201 040340.4350 IF)040.3401101 L99 07 20Q'Noko doe 55. c; NOTICE OF PUBLIC HEARING Z•99-035 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 28, 1999, to consider amending the various conditions of Ordinances 89.171, 92-033, 94-126,and 98-048 as they apply to the entire 64.4155 acre Denton County property by creating one light industrial (Li) zoning district with consistent restrictions. The request is to remove the requirement for a specific t use permit for )ail facilities. It is located on the south side of Mcl(Inney Street and west side of I Woodrow Lane (see map on backside). The purpose of the zoning change is to remove the requirement for a specific use permit for)ail facilities, The public hearing will start at 5:30 p.m. in tNe 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 Commission would like to hear how you feel about this zoning change request and invhes you to attend the public hearing. Please, in order for your opinion to be taken Into socount,,etum this form with your comments pdw to the dale of the publln hearing. (This In no way prohibits you from attending and perflolpsUng In the public hoarkrg.) You may ba�x It to the number located at the bottom, mail It to the address below,or drop it off 16-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Wayne Reed, Planner it The zoning process Includes two public hearings designed to pravide opportunities for ci"ten Involvement and comment. Prix to the pubiic 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 toning petition Is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petifloner may then appeal the request to the City Council. If owners of more than twenty 1 (20)percent of the land area within two hundred (200)feet of the she submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. The" forms are used to calculate the percentage of landowner opposition. Planse circle one: In favor of request Neutral to request Opposedtorequest Comments: __.__ .. .._._._ Signature: T o0. 61W•t r'! t.Li' �D Q U t5 Printed Name: rA L I t? O flailing Address: ____I 6 MAY 2 6 1999 rr, City, State Zip: S �_.. . ` jr`N t' Telephone Number, PLANfi!NO 6 DEVEIMMENT dT A N '( Physlcal Address of Property within 200 root: CITY OF DENTON, TEXAS CITY HALL WEST DENTON,TUM 78201 a 940.340.6350 (F1 M.340.7707 I z•o9 ors zoo nrou�,eoc S6� I, c, 1 AGENDA INFORMATION SHEET Agenda No Agenda Item Date�b AGENDA DATE: June 15, 1999 DEPARTMENT: Planning Department ACM: David Hill,349.7713 SUBJECT—Z-9931; (AfesaVerde) Hold a public hearing and consider approving the proposed rezoning of 6.081 acres located east of Ruddell approximately 70 feet south of Lattimore Street, from One-family Dwelling(SF-7) to a Planned development (PD) zone district. The proposal is to develop forty-four (44) single- family residential lots. The Planning and Zoning Commission recommended approval (4-0, Ganzer,Gourdie&Powell absent)with conditions. BACKGROUND The applicant is requesting a Planned development (PD) zoning district classification for this 6.081 acre property, The Planned development (PD) zoning district classification enables the applicant to develop the relatively long and narrow parcel with 1.t sizes that are less than the minimum allowed under the current SF7 zoning classification while at the same time incorporating development controls into the design, The proposal Is to develop forty-four (44) single-family residential lots with a minimum lot size of 4,236 SF (See Attachment 1,enclosure 6). The intent of the developer is that all lots will be eligible for the City of Denton Homebuyers Assistance Program. To qualify for the program the cost of the house has to be below $77,500.00 and applicants must be able to qualify for a mortgage and meet family income requirements. If approved,the homcowncr is then eligible for down payment and/or closing cost assistance. D The subject property is located in a One-family dwelling (SF-7) zoning district created in 1969. D The proposed development is consistent with most of the policies of the 1988 Denton 1 Development Plan(DDP)as applicable and many of the 1998 Denton Plan(DP)Policies (see Attachment I —Comprehensive Plan Analysis section), Y Fifty three (53) property owners were notified of the zoning request. Twelve (12)responses have been received; two (2) (one of which owns 3 properties within 200 feet) are in favor, eight(8)are opposed and two(2) are neutral to the request. (see Attachment 3) v A neighborhood meeting was held on May 20, 1999 at City Hall West, 221 N. Elm. The � applicant, Iwo (2) representatives of Greg Edwards Engineering Servic:s, two (2) representatives of llte city and six (6) neighbors attended the meeting. Content and/or comments raised included, how development would effect the existing drainage problems in the area, assessment issues (questioning if the proposed development would increase surrounding property taxes), the size and number of lots was also a concern that was addressed by the applicant explaining the relative narrowness of the lot and the desire to be able to build affordable houses produced the design/development being proposed. (See Attachment 4), U i PRIOR ACTION/REVIEW The following is a chronology of Z-99.031,commonly known as Mesa Verde: Application Dale— April 7, 1999 DRC Datc(s)— April 15, 1999, May 6, 1999 and May 20, 1999 Neighborhood Meeting Date• May 20, 1999 i P&Z Date— May 26, 1999 ESTIMATED PROJECT SCHEDL(L The subject property is nmf platted and would need to be platted prior to any development. FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-term public Improvements that are the responsibility of the city. As a form of in011 development, no extension of public infrastructure is necessary to service this site. UZ. SUGGESTED RECOMMENDATION NDATION The Planning and Zoning Commission recommends approval (4-0) of this zoning request with the following conditions: 1. That permitted land uses be restricted to those uses permitted,includirt;those uses subject to specific use permits, in a SF-7 zoning district. 2. That alternative street sectiots be allowed subject to staff approval,including but not limited to: a. Forty(40) feet of right-of way with a twenty-two(22)foot street section with parking allowed on only one side of the street:or b. Fifty(50) feet of right-of-way with a thirty-one(3 1)foot street section with parking allowed on both sides of the street and traffic calming devices used to reduce the street section at intermittent sect'ons along the street. r 3. That development shall be consistent with the detailed plan attached hereto and incorporated herein as Exhibit B Finding that: 1. This proposal provides for residential development in a low intensity area, with a ��' A commitment to owner occupied affordable housing with site plan controls with a minimal t f f _ c Increase in density. r' 2. c; OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. S. Table item. ATTACHMENTS 1. Planning and Zoning Commission Report,May 26, 1999(Z-99-031). 2. Planning and Toning Commission minutes from May 26, 1999. 3. Draft Ordinance. 4. Public Notice Responses Respect Ily submitted: ve Hill Assistant City Manager Director of Planning and Development Prepared by: air arty eichhart Development Review Manager i I 1 n r� 4 ' _ a 3. y t ATTACHMENT I I Agenda No. PLANNING AND ZONING COMMISSION 6 """�-��.94 STAFF REPORT Subloct: Mesa Verde Case Number: Z-99-031 SSlaff: Larry Reichhart Agenda Date: May 26, 1999 I Hold a public hearing and consider making a recommendation to the City Council regarding the rezoning of 6.081 acres located east of Ruddell approximately 70 feet south of Lattimore Street, from One-family Dwelling (SF-7) to a Planned development(PD). The proposal is to develop forty- four(44) single-family residential lots. t 1 ue — � I .F u �N rq SITE ' r F, Al i -- � , r LOCATION MAP Location: East of Ruddell approximately 70 feet south of Lattimore Street. (See enclosure 1) Size: 6.081 acres 4 . I I 1.99-031 PFZ Sag Fepwt c• c. Applicant: Mr. Marvin Morgan Owner: Greguiy Hollar 1325 FM 2181 P.O. Box 102 Corinth, TX 76205 Pilot Point, TX 76258 Planned development zoning districts (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; (1) Provides for the design of lots or building; increased recreation, common or open space for private or public use; berms, greenbelts, trees, shrubs or other landscaping features; parking areas, street design or access;or other development plans,amenities or features that would be of 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 useJ in the planned development process; concept plan, devefopment plan and detailed plan. CONCEPT PLAN-This plan Is intended to be the first step In the PO process for larger or long ' term developments. It establishes the most general guidelines, Identifying Gne land use types, approximate thoroughfare locations within the boundaries of the district. DEVELOPMENT PLAN-This plan Is Intended to be used most often as a second step In the 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 tray be used to establish the district and be the only required plan In the planned development process. It will contain Information specific to the site. All detailed plans should be in substanilai 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. 2 99 031 DSz StaO Rem 5, , c. t: s The developer Is requesting a Planned development (PD)zoning district classification for this 6.081 acre property. The Planned development(PD)zoning district classification enables the applicant to develop the relatively long and narrow parcel with lot sizes that are less than the minimum allowed under the current SF7 zoning classification while at the same time Incorporating development controls Into the design. The proposal Is to develop forty-four(44)single-family residential lots with a minimum lot size of 4,236 SF(See A Enclosure 6). The Intent of the developer is that an lots will be eligible for the City of Denton Home buyers Assistance Program. To qualify for the program the cost of the house has to be below$77,600.00 and applicants must be able to qualify for a mortgage and meet family Income requirements. If approved,the homeowner is than eligible for down payment and/or closing cost assistance„ Additional design controls include; • A minimum of three (3) distinct house designs with a total of eight (8)elevations will be utilized, ensuring that no two Ident,cal house styles will be built on adjacent lots. • A minimum of 25% of the lots will have an additional 2' to 6' front setback and that no four (4) adjacent lots will have the same setback Staggering the front building line will provide visual relief to the streetscape. In summary, the major assets to this proposal are the commitment to affordability at a minimum density Increase(approximately 116 lots) and the site plan control of a PD 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 redden"al development. Neighborhoods are to be serviced by a network of small comma rciaVretai ..irs spaced at about , %,mile Intervals with direct access to a collector type street or larger thorolJq!Sdre. Vehicular trip generation due to development within Low intensity Areas Is restricted io ;O trips per day per acre In order to balance land use with road capacity. Staff finds the proposed development to be somewhat consistent with loth the policies and trip Intensity standards of the 1988 DDP. (See enclosure 8) 1998 Denton Plan Policies Analysls The 1998 Denton Plan (DP) Is to be used In conjunction with the 1988 Denton Development Plan in ` evaluating the consistency of proposed development with the long range vision for the city. Staff finds the proposed development to be consistent with the policies of the 1998 DP. (See enclosure 9) 1 031 Pbi WO Aemd 6. c 't u { i 1. Transportation A. Trip generation Table 1. Proposed Land Use Trip Generation F Average Trip Maximum Buildout Total Dally Trip Generation Generation 9.55 tripsldaylunit x 44 homes 420 trips Note: Proposed Average Trip Generations provided by the Institute or Transportation Engineers, IN 1. The proposed development is 15% above the allowed capacity Identified In the 1088 Denton Development Plan B. Access Access to the proposed subdivision will be form Ruddell Street. A stub street, Identified as Leon Way has been provided for future access to the north. C. Road Capa;ity Ruddell Is classified as a local street and Is currently not built to city standards. Twenty-five feet of pavement, curb and gutter Inclusive along the frontage of Ruddell Is required. Paisley Is Identified es a future collector and as such will be deslgned to accommodate 5,000 trips perday. (See enclosure 4) D. Pedestrian Linkages Sidewalks along all public streets are required. 2. Utilities This site has access to existing water and sanitary sewer#Ines (see Enclosure 3): Water Existing 8 Inch water line on Ruddell Street. Wastewater: Existing 8 Inch sanitary sewer flowing south on Ruddell Street. r Fire: 600 foot minimum spacing required. 199.031 Paz Scarf P," 7. , 't c. I I i I 3. Drxlnage and Topography New development will be required to design and conslruot a drainage system to city standards. A preliminary drainage study will be required with the submission of a preliminary plat. The study must include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards this property. The developer must Indicate the method by which the run-off will be carried across the property or stored on the property. 4. Signs As per the sign ordinance. 5. Off-Street Parking New development must provide Harking according to the regulations of Section 35-301 of the Code of Ordinances. 8. Landscaping i The applicant has requested that additional two-two Inch caliper trees be credited towatis the 3 Inch trees typically required In the landscape ordinance. Accounting for tree credits the project would require 8 new three Inch caliper trees be planted throughout the site. The applicant Is proposing to plant a minimum of two-two Inch trees per lot, for a total of 88 two Inch trees. 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. 8. Environmental Quality Impacts No negative environmental Impacts have been Identified. I I , January 14, 1909 --The subject property was placed u, the One-family dwelling(SF-7)zoning district and land use classlflcatlon by Ordinance 89.01. The subject property is not platted and would need to be platted prior to any development. I r� �I A, 1 Z 99 011 DbZ SUif Relbd 8. j Notice of the zoning request was published In the Denton Record-Chronicle on Sunday May 16, 1999. Fifty-three(63)property owners were notified of the request and one hundred forty four courtesy notices were sent on Sunday May 18, 1099. As of this writing,there have been three responses,one In favor and two opposed.(See enclosure 10) A neighborhood meeting was conducted on Thursday, May 20, 1999(See enclosure 10). As this proposal provides for residential development In a low Intensity area,with a commitment to owner occupied affordable housing with site plan controls with a minimal Increase In density, staff recommends approval of Z-99.031 I move to recommend approval of Z-99-431. 1. Recommend approval as submitted. 2. Recommend approval with wnditions. 3. Recommend denial. 4. Postpone consideration. 6. Table item. 1. Vicinity Map. 2. Zoning Map. 3 Utility Map. d. Denton Modility Plan Map 6. 200' 600' Notincation Map. 6. Detail Plan, 7. Proposed building elevations & photo. 8. 1988 Denton Development Plan Matrix. 9. 1998 Denton Plan Policies Matrix. 10, Neighborhood Responses a neighborhood meeting elgn•In sheet. 11.Letter of Commitment i 299 Dll PA2 Sra'f ke�+ort C' ENCLOSURE 1 4 NORTH Z-99.031 (Mesa Verde) w 10i;Nw of L slip. rrr P ' C � ' d ... • ' t y`� IT9 ■ ' ir■ � •w � 1 VICINITY MAP NOMA l •� Agenda Dale: «PandWaSee Salc None J V - V ENCLOSURE 2 NORTH Z-99-031 (Mesa Verde) r �j■�■■ ara p' rr,� rY �y � • ' � " ..: �; • r by MF•2 linen 0"Adid;m r■ j•• rrMsi • 1111.7 .{ • uaip• 0. 1 I 1 Ir � tI N•7 . + • • �/tlIM��IMMi • 1 rr ,+ ��•7 M iNrl�t�IW�7■ r M ! ! •.• ll �s F•� r. . ,f,7� y ,� ■ limit 410 ar!■1�yk r hum vivo ! ZONING MAP 1 Agenda Us: RPandWates sole: Bone c� ENCLOSURE 3 Z-99-031 (Mesa Verde) NORTH IIi 8!i'� M i R' A.L IN ■ S ' IN ■■ i r w rw to r _ F:- M EXISTING UTILITIES MAP a Hydrants -- Water Une (W.L.) ... . . ..� Sower Una (t3. L.) A a. Agenda Date: May 26, 1999 Scale: None 12. u ENCLOSURE 4 N H Z-99-031 (Mesa Verde) Noun is ir its oo :j rar ■ it ■ 1 ■ � � r Z`rrr ' t �a■rireriar■w 1 r ■ R ll yJ.i''�` .9 . ■r ■ mail ad iwr %% ,, ! r• I ire■ ■ �' �'.■1�e►ri { on .■ ti � ■ Ti � 1Rr� DENTON MOBILITY PLAN MAP u,nu.nuun uuur Future Collector Agenda Dale: May 26, 1999 Scale: Nona 11. t ' ENCLOSURE 5 r NORTH 2.99-039 (Mesa Verde) p r 000 F T BUFFS 2 BUF OF . t o SITE M R 200 — 600 FOOT NOTIFICATION MAP 1 Agenda Data; May 28, 1999 Sealc Nona I� ENCLOSURE 6 IL A/A\` wn a re wem 1111 , !b i e - 1314mall WWIN �� if 1 J ! ! '1 \ 1 ! \ 1 I e �l 11 \ i r�lilllll!ls���l.�sr��'� I ! I .� .+a����✓u!!d7 !! �! a •. �a �, 1 t� If d� r ♦ Ave 4r aim - l� r• :; �+ �i: w� -o;;: Iii r i tt {,.. Al :[ f ,/• -• . \i.mil. ry \ .4r;' •r���•"Vin �_ . ..�";- i r l • y •� 41 r�'!: +(t�'Y'. .Sri.•�;y: AC h 61 nn Jp lit CIO l . u { Image 7 r i i f 39. 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ASwr..c.. .- Wnnw,,w--.F er ,Q Alff At r, A�•yw.L JrJ.�•. arl. Lv+V, �1►� ,. ��JI ^`� JI'� r MlC•!� VC 1 twrffM/.. 3A1p.Y.t.,rbas- DIL •lA.t 7!I .... 29. t c C• . x f.� +.E 1 t. . :L. .i' .1 a. .l. •f:f' ,c� , � :i�'i. I , ' 'i i'. 6 ,..'• 't.4 t ,l.,i. V. .1: .i,f.' t• .1 , ,,. .t. .,. t.. ,L .i�,i ,l. t.C3` 'im C fIl.pCtt•1t.tt � t � y•L ,.1 Ltti� 1 � f �,.rli , l.'iilll Ip' tf "�:iw, ti'L� 1'1liilt t• :� , :'C;:Y•.,, i,..C:�:lt , I l 'C ,.� 1 i . .ft.� t � T ' ��: it.lt.l • i i a F 1 't '1 , { � • � i • , I i r-- � '} a _ -- L _. __.`--J � -- w --. 1 � �'' ' Q � I 5i �� . �'� I `� �,///tLLLTTTI � �� :1' 1 1 4y l� t i �' i 1 f ,, -P1 . ..a�^n. ...__.._....._.._... - I I � � __ ___ � i a; LFa41LRa�a.�G. .. — i.tJllalf i 1.{.51. f777R_ • It a N � .liSO7xbr�i�wnu�lrl .J � � M � I •:ryw.A 1 '$,Tie, I+a—l" nvYa�1 P i a Y r rI' I h 1 a 1f1�1M110...I1J II 1 Fi � C I� P�RH (ENCLOSURE 8) The table below provides a summary of the 1988 Denton Development Pla. oolicles applicable to this project: Denton Development Plan Policy Analysis Summary Low Intensity Area Development Rating vs. Policy %grokanitly $M*" POLICY COMMENTS InnoneAent It consistent IntmL These areas represent pdnwy housng areas wlduln the M. x IntrWty. To be cxd&4 t with the Sea T&W I. Proposed lend Use Trip Plan,a development should not esoeed ks Genenllon allocated herdty. x Site Plan Control. Sold properly dridoprnmt conbd within 1,600 feet of adstkq low duty.eddentlal areas. x Traffic Da»Ign. Atom should be provided to ensure dmt multl-fam0y or non-residential uses hewn acom to cotteaos or larger arterlais with no dred Koom through residential street. x open Ipaa. Sufficient 0reen Wace, rea"Wol fa ift and Merdty of parks are provided. Public Parttcipadm. Input Into planning by relghborhood anodaftai and ewndls K brauraged. x I and tlaa Divanity. Non-residential and e krdted R& K encouraged to x Menubdurad Nouatng. ThK form of singiafamAy housing mey be rortKutible aeas drotbiornerb bmrWltftoram Intensity x Strip Commerdral. Any lam of mrrtlnuous strip oatuneuclai K suongh ds bunged In/ar near low Inters ty areas x A4 2.99 071 PAZ Wff Report 33. t ' r (ENCLOSURE 9) The table below provides a summary of the 1998 Denton Plan Policies applleable to this project: Denton Plan Policy Analysis Summary Development Rating vs. Policy K CATAGORY POLICY Inconsistent Catslstent Transportation. Compliments Denton's Lap-Range ThanxpMare Plan. F Promotes Access Management Practices a 3 x opt rnim operations fa emergerq seMce providers other public servke providers. x Promotes pebik tnnsportadon system, x Contributes to the Denton Tralls network Stormwater Drainage. Protects 100-year flo*aln areas M accordance with Denton's wateMed management plans. Conforms to local subdvlslon regutatiom, '/ x Contributes to regional detention fadlibes. Prortdes for natural rlparian environment along floodpialrL Upgrades existIng substandard drainage systems as Me and redevelopment omx, x Water and Develops and nalntalns property and private wastewater. Inhastructwa x Creates opportunity for over5lring water and wastewater Ines to meet future development demands. Prov{des review of proposed water and wastewater S Infrastructure W ensure pubkk safety and health. +Ti x Promotes bdill knprovementf over new tine ertenslons. Llectr{c, car nMavesi�de vo nd eeilee�servke for new residential Solld Waste. Promotes e"nt access to aA drxkpment for solid waste serAce delivery. x Parks and Recreation. Locates parks and recreation fadlities In accordance with the Parks and Recreation Strategk Plan. x Enhances parks and recreabon opportunitles for residents. x k Preserves Moodpiain for parks art open space to ad ki foodoaln conservatwn efforts. Wows comb'ning of parks with other pubNt fadlitks b achieve cost-effectve delNery d puDlk servkes. Residential developrnent should dedkate land a fees In i lieu of land for neighborhood parks, x [nvtrorrmenbl Duality. Pro Wier preservatbn of natural resources, x f Integrates enNronmante protedlon with tcononk p oath and canenuni y development. x /r 1 / l jr1 2 99 03,PRt Sreft Report 3/ . c, �u 1998 Denton Plan Policies Analysis (continued) Denton Plan Policy Analysis Summary Development Radng vs. Polley CATAGORY POLICY bw vWwr t AP 39k Co 0ft.i HdaNso floods. miammM to W4 0"Ifrohn fadw a fa x Enwww a mbtn of WA utes that b mM mW erb. x Pro"and preserve oftno W06cfhoodc x Avr&A betvwen�qhE ftoa to reduce"Na6++iW b pa x Houming. Pravtde a range of houdrq tppes gist appeal to Oerkq eoonwk and InWA al� x off"a var"of**-fv*lot onk bu ldkq*14 and pla mvm x Preserves edding hadro kdudq x0ordatee troud4 x lea uses M houslrp aeroAMJ tl x ecammnk Catto a to a d+:ng and"now kcal aoonomY by olverwlkatIon. kcw dng arooymaN and oW drg ft ha bae, Gawmmmt cosh womvrvwtw coordu ,to vMbe x Urban Damian. Aditw a mwvky appearance In a wnnrehe " mavw. x avat w arddtedurd appearm.of bulk emtenrt>cnt x v a�daa+g Iddpuaea��be � x ftteds and preserves DwAon' erdvtedural,akurd and Ndawal r OYM Er,fwnan the appearance akaq ffAw entranceways, Prortbtes ane praavedw of trm and kabrcopi4 vubtic uevotwmant, fRaMn w oppatuNty far prbkc*Orion OAV the x Oamlrq prop b C Z•99 031 PU Staff Report 35:` y t i I' i I I I ENCLOSURE 10 NOTICE OF PUBLIC HEARING A Z•99-031 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 26, 1999, to consider making a reoommendatlon to City Council, regarding the rezoning of 6.081 acres located east of Ruddell approximately 70 feet south of Lattimon,Street,from One-family Dwelling (SF-7) zoning district to a Planned development (PD) zoning distr'ct (see map on backside). The proposal Is to develop forty-four(44)single-family residential lots w[ai a minimum of 4,236 square feet. The meeting will be held at 5:30 PM In the City Council Chambers located in City Hail at 215 E. McKinney Street, Denton,Texas. 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 Planning and Zoning Commission would tike to hear how you fee/ about this zoning change request and Invites you to attend the pubfio hearing. Please,in order for your opinion to be taken Into account, return this form with your comments prior to the dale of the pubtic hearing. (This In no way prohibits you from attending and partk:IpaV g In the public hearing.) You may fax It to the number located at the bottom, mall it to the address below,or drop it off In-person: Planning and Devalopmenl Department { 221 N. Elm ST Denton,Texas 782D1 Atin: Wayne Read, Planner I The zoning process includes two public hearings designed to provide opportunities for citizen Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified or the zoning request by way of this notice, The first public hearing Is held before the Punning and Zoning Commission, The Commission Is Informed of the percent of espouses In support and In opposition. Second, the zoning petition is forwarded to the City Council for j 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)feel of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of landowner opposition. � Please circle one: In favor of requests Neutral to request Opposed to request 02 COMMOMS: 1Yi20 g POST- 1104VC/f L_ /MOs-1 C/'}'jr7 DAJ Signature: Printed Name: (� Mailing Address; I! It MAY l 91999 City,State Zip: f l-0 c _� Y Telephone Number. ^ Z 5 `t PLANNING & Di kFIA°�+1EhlY Physical Address of Property within 200 feel: IQ E(,L, CITY Of DENTON, TEXAS CITY lH4LL WEST DENTON,TEXAS 18201 040.349.8350 (F)940.349.7707 z-09.039 2W nolko dLV 36. NOTICE OF PUBLIC HEARING Z-99-031 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 28, 1999, to consider making a rekxnmendation to City Council regarding the rezoning of 6.081 acres located east of Ruddell approximately 70 feet south of Lattimore Street, from One-family Dwelling (SP-7) zoning district to a Planned development (PD) zoning district (see map on backside). The propose} is to develop forty-four(44) single-family residential lots with a minimum of 4,238 square feet. The meeting will be held at 5:30 PM In the City Council Chambers located In City Hall at 215 E. McKinney Street, Denton,Texas. i The public hearing will start at 5:30 p.m. in the City Council Chambers of City Ball located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you feel about this zoning change request and Invites you to attend the public hearing. Please, in order for your opinion to be taken Into account, return this form with your comments prior to the date of the public he.ring. (This In no way prohibits you from attending nd artici ati In the public hear) You may fax It to the ng P P ng P hearing.) Y number located at the bottom,mail it to the address below,or drop It off In-person: Planning and Development Department 221 N.Elm ST Denton, Texas 76201 Attn: Wayne Reed,Planner I The zoning process includes two public hearings designed to provide opportunities for citizen Involvement and comment Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing is held before the Planning and Zoning Commission. The Commission Is informed of the percent of j responses In support and In opposition, Second, the zoning petition is forwarded to the Ciy Council for final action providing ttie Commission recommends approval. Should the Commission recommend denial, the petifloner 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 pp ng n9 used to catculate the ercenta a of landowner o p g ner oppositi n. Please circle one: In favor of request Neutral to request Opposed to request Comments: Signature: Printed Name: _ A. yCiPics/ 4 r ---~- Malling Address: 156A4 eJeeDrg uDilieif g. I� �! (, ir!Al' 2 1 "99 i rr' City, State Zip: r 1 {l� c r Telephone Number. 'f0 7— / lP,tt +f;G r• b1iVF(PPMFNT Physical Address of Property opery within 200 feet: .8/3 CITYOFDENTON, ITEMS CiTYHALLWEST - DENTORTEXAS 76201 040,349.6350 a (F)040.340.7101 2.99.071 200'noun.doe 37. i � i I TILE CITY OF DENTON + PLANNING AND DEVELOPMENT DEPARTMENT NEIGNBORNOOD MEETING -Y-90.31 PLEASE SIGN-IN PLEASE PRINT YOUR NAME MAILING ADDRESS PHONE ORGANIZATION SIGNATURE NUMBER (IF ANY) WR�►JE P,- !R"VA iHAAl 0 13 OAK 7Rt;E ST • yY3 .0903 ,t?. 91l 9l� Woerr 9/9• kcr/ ea r r / � dell �9�9y� �zLtclda �.a_t t e 5 of L't 1 •�a orJ NAv 13i Fm2t 7M a a - -7 8 -IAN On olm, MA &7- ljryrt[Gt R.�,n . �7?F D_ Y i Location:City Hdl West Dete: May 70, 1999 _ ENCLOSURE 11 MennN M�eaN eeNSn�cn�w,aye. 13]!F.►ttlll CORNM TIVX Zt 7630! Rt 040131 1393 May Is, 19" City of Denton Planning end Zoning Commission Denton, Texas Doer Planning and Zoning Commission, We are In the process of obtaining a toning approval for t 44 kA Planned Development wb-division of Ruddeli St In Denton,Tems. Mesa Verde,as It will be ruined,U being pmn)wod as an affordable bomeown mWp develcpment Attached please find a letter from the City of Denton Community Development Division Gstlag the triteria that homes must meet to be eligible for the Denton Homebuyen Program(NAP}All of the homes that we clan to build at Mesa Verde will meet M etiteria. V funding is available at the time of sale,qualified Buyers 96ill be giving the opportunity to apply for this progrlun. We hope that you will apniuve our gubdnision.We loot forward to providing new affordable homes fnr Denton's citizens. i Yours truly, Mania Morgan preddent t 04 r. r k A Quality Horn" Clare 1976 39. t CITYOFDENTON, TEXAS 100 WEST OAK SUITE 208 DENT_ON, TEXAS 7641 (940)349.7726 FAX(94o)3tW44S Community i'kmbpment DivoWcw May 18, 1999 Morgan Construction,Inc. Marvin Morgan,Developer 1325 FM 2181 Corinth,Texas 7620: Dear Mr. Morgan. This letter is in reference to the affordable housing development that your company Is planning off Ruddell Street called Mesa Verde. It is my understanding that Mesa Verde is a 44 lot, single family detached planned development. Lot size will be approximately 4,500 square feet and each unit will have 3 bedrooms and two baths. The City of Denton currently has a program that provides assistance to homebuyers purchasing affordable homes in Denton, including newsy constructed homes. The Homebuyer Assistance Program (IIAP)has been in existence since 1992 providing hom^ownership opportunities to citizens of Denton, The purpose of the program is to provide assistance with '/,of the mirdmum down payment,eligible closing costs and gap funds to homebuyers who qualify for a mortgage loan but do not have the necessary funds for the down payment and closing costs. Attached are the current program guidelines approve by Denton City Council. \ Qualified homebuyers can receive assistance to purchase &home that meets the following 1 criteria: 1) 7hc house must be a residential property located within Denton City lirtits. Residential properties include existing and newly construction single-family residences,condomltdmns or townhouses. Mobile homcq and manufactured homes are not eligible properties. 2) The maximum sales price of the house to be purchased shall not exceed $77,500. 3) The house must meet FHA guidelines for new construction in order for a homebuyer to be eligible fur FTIA financing to purchase the home. A. 4) Homes in a Special Flood Hazard Area in accordance with a FNMA Flood Map will require flood insurance, I Ualimb 40• f.Crvke" L x May 18, 1999 Letter to Marvin Morgan Page—2 Based on funding availability, first-time homebuyers who meet the HAP requirements can receive down payment and closing costs assistance to purchase a newly constructed home In the Mesa Verde subdivision,if the homes meets the program requirements listed above. The Community Development Advisory Committee has recently provided Council its recommendations for the 1999 program year. The 1999 program year begins August 1, 1999. The committee recommended funding the Homebuyer Assistance Program for$394,678 in CDBO and HOME funds. It is estimated that 60 households will be assisted with down payment,closing costs and gap funds during the 1999 program year. Thank you for your Interest and support of the City of Denton's Homebuyer Assistance Program. We appreciate your efforts in promoting affordable homeownership opportunities for citizens of Denton. We took forward to working with you in the near future. Please feel free to me at (940) 349.7238 if you have questions or decd additional information. Sincerely, Luisa Rodriguez-Garcia i Community Development Coordinator Attachments 1998/99 HAP Ouldelines Copy to: Larry Relchhart,Development Review Manager,Planning&Development Dept. Mark Donaldson,Assistance Director,Planning and Development Dept, w f ATTACHMENT 2 PLANNMO&ZONING, 526-59 rage t r i Page 2'19 i folks would rather have the home than the extra lot I the yard W take care of and otl&things. And I 2 size. And with that in mind, I'd like to move to 2 think when we have a community like this that lends 3 recommend approval of Z-99.031 to include the 3 itself to having a mix of people--young people and f 4 parking--additional comments that Mr. Donaldson 4 older people and retired reople,that we have a real s just read. s good opportunity to have a very successful 6 MA RISHEL: Second, Do we need to 6 neighborhood. 7 read those comments for the-- you picked up all that 7 MR. ENGELBRHCHT: Any other comments? 8 all before? a All in favor of the motion raise your right hand. S THE REPORTER: (Nods.) 9 Motion carries unanimously. ID MR RISIJE1: Okay. OrcaL 10 Okay, Item 13 or,the agenda Ms i 1 Efficiency. Doing better than we are. I I Lwaing. Some of you have waited very patiently. 17 Mil.ENOELBRECHT: Been moved and 12 Hold a public hearing and consider making a is seconded to recommend approval with the original 13 recommendation to the City Council concerning the 14 conditions plus one as outlined by Mr. Donaldson. 14 request for a Specific Use Permit for it Fraternity is Any discussion on the motion? is house located on the southeast corner of West Oak and 16 MR.RISHEL: Yeah. 1'd like to discuss 16 Fry Streets at 1305 West Oak. The 0.75 acre site Is 17 it This would not be a subdivision or a plan that 1 t7 zoned General Retail. At this time, I will open the to would be voting for normally if it wasn't for the is public hearing and ask Mr.Reichhart to provide to 19 fact that it's affordable housing. i don't know -- I I9 with the stiff report,please. 20 want to promotr infill. I don't know if all infill 20 Pit,REJCHHART: Thank you. This is a 21 is good. This is a tough piece to develop. And I 21 specific utr permit for the proposed Delta House, To 22 think that your efforts in working with the neighbors 22 the north of the property Is West Oak, We have Fry 23 is commendable. It's a little bit of an awkward a Street to the Fast Hickory is farther to the 24 thing, 24 south. Specific use permit follows a two-step rrview 25 One of the things that we discuss is 2s process. We're here tonight for the P&Z. And rdth a Page 278 Page 280 1 the length of the cul-de-sac and the lack of another I favorable epprovat,this will go on to City 6wncil. 2 outlet to that, which would normally make it a We did have a neighborhood meeting this week at which i 3 something that would be unacceptable for inc Put for s only four members of the Delta Lodge showw up. 4 the sake of affordable housing, I'm going 10 vote for 4 Neighborhood--cover neishborbatd s this. 1'd like to we more people developing this s notification right now. 14 owners. Property owners 6 type of thing. 1 like the efforts that you've done 6 were notified within the 200-foot are and 76 7 in trying to stagger the setbacks of the houses to 7 courtcay noticesµvie sent on May 16. To date we s give it a tittle bit mom variance;and then the 6 have gotten non'sD ce*a. Specific use perni t 9 restriction that you put in there yourselves in not 9 There ire seven condid ws flat must be met In order io having any two houses next to each other that would 10 to lsnr,a specific use permlt, Number one--if you I i be like in facade. So I appreciated that, I I wish,we can go over all seven of these fee--to I1 MR,ENOELUKHT: Any other comments? 12 ewale time,we have Ore backup in our repot 1 S All right, I too,as well,appreciate the-- not 13 MVteva the C mmission would like to do at this 14 only the fact that we have infill but we're trying to 14 time If)vu want to to over--�`..���� Is increase density with--but doing it with some is MR Eh'OEL01to : Comminioaaa,Bayou 16 additional design standards,which are what appear to it want to review those? We have mwiewwed those in the 17 maybe the increased density work better. And no 17 past--requirements for specific uve permit. Okay I doubt it's going to be a quality product that will do is Go ahead,Mr, Relchhart. 19 well. And, docrcfore,this ought to work extremely 19 MR RE CHHAAT: the staff anBlyda ' R 20 well for our city, 20 indicates that at all seven of the modidons have 21 MR.RISHEL: Just one more oomrnent,if it been stet with the site plan that's been proposed. 22 you don't mind 1 hear^ consistently we talk about 22 1,it put that ur fairly quirk for you Again,we 21 starter homes for people, But 1 sec a lot of older 23 ha ti Fry Stroll at the bottom of the page to orient 24 people in our community that would like to be in this 14 yourself,Oak Street. Proposed throe-story structure 25 type of cc-nmunity with the smaller let and not have 25 w lth a 14 car lot,I believe,along try Suet STOFFELS.& ASSOCIATES DEW ON, TEXAS (949) 565-9797 Page 277 • Page 280 42. t. Condeoselt"` PLANNING & ZONING, 5-26-99 Page 281 Page 283 1 'litre's one light on the site generally In this area, I include It in condition 1 site plan and landscaping i 2 1 believe. Also, the Applicant has proposed fulrly, 2 plan. 3 extahsive landscaping,screening the puking in 3 MR.ENOELDREM: okay, Thank you. 4 different areas. A number of trees,existing 4 Any other questions for Mr, Relchhao. Yea. Mr. 5 vegetation. Screen fences around de property, s Moreno. 6 I believe this Is in••after talking 6 MR.MoRENO: Yes. What kind of 7 to the neighbors to determine what they would like to 7 screening is there going to be between this site and a see on the site,also, that this landscaping plan has a the Voertman'tt puking? 9 evolved. Staff recommends approval of Z-99-026 with 9 MR.REictuWT: I can k:t the Appliunt to the following conditlons. That the approval Is 10 speak further on that But 1 believe there's a solid i I subject to development according to the site plan 13 fence 11-foot fall. And there are some existing trees 0 presented as part of the staff report. And that the 11 along that property that we going to be maintained. 13 lighting en the property shall be designed and 13 MR. ENaMauCHr, Nave any other 14 maintained so as not to shine on or otherwise disturb 14 questions for Mr. Reichhart7 if not, Is the is surrounding residential property or to shire and is Applicant or Applicant's representative present? If 16 project upward to prevent the diffusion into the 16 you would,please,give us your now and business 17 night sky. I'll be happy to answer any questions, 17 address for the record, Is MR, EVOELDRECIIT Questions for Mr. 16 MR.oFtEt.oa: My name is Loin Orelop at 19 Reichharl7 One, This is a special use permit Who'. 19 7949 Kings Ridge Road In Prison. And for your sakes, 20 v ould It take ro allow dt City to vscaw that 20 I'll endeavor to keep this short Personally,I've 21 spcciol use permit? In other words,what sort or 2I got a five year old,a three year old and a one year 22 problem on this property would be •• 22 old and I haven't had a chance to Hay out past 23 MR. REICI1HART: If you're thinking 23 midnight in a long time. So this Is a rare 24 noise or somcthing like that, I'm --1 would think 24 opportunity for me, 23 that if they're in violation of the site plan a one 23 mx. ENoEL9REcxr: 1'v'e Lever heard it _W Page 282 Page 284 I of the conditions of the approval,that would vHate I described as an opportunity before. 2 the specific use permit and•• 3 MR omt.00 r the chairman of Delta 3 MR.DONALDSON: Let mo get tc this as 3 Lodge,Incorporated,which Is not the active chapter 4 quickly as I can here. 'There is a provision 4 of students. he's the governing body,the ply s revocation. A ipeciflc use permit may be revoked or s owriers,the Applicants in this sax who would build ' e modified after notice to the property owner and a 6 the house and then the tcnants would be the active h hearing before the City Council for either of the 7 chapter,the students. So", 'rem different s following reasons. The specific use permit was f organization that was chartered with the original 9 obtained or exicnded by fraud or deception or that 9 lodge back In 1987 when they were founded. And the to one or more of the conditions Imposed by the permit 10 history of It buically In a nutshell, It's 20-year 11 has not been met or has been violated. 1I history has ban u a fratcnilty hews. And wi vvm 12 MK ENOELDRECHT: okay. 12 kaing It from Moser Sunman until about 195 when we 13 MR.DUCLK: And you could Issue 13 purchased the property. Did a lot of renovations on 14 citations for zoning a violation before you got to a the property,redid the foundation and the ptumbG+g is that step •• is and the roof. And finally had it painted and ready ` 16 MR.ENOELDRECHT: Right. 16 to go and a couple or monde later an old wire ` 17 MR.SUCEK: ••to we if you could get 17 sparked and the thing went down and pretty much left I II compliance, 1s. Just a foundation and a basement, 1 19 MR 1iNOEMECHr; U h-huh, Okay. 19 N'e had wme quick dxirtass to make at A� C 2s. Nee. REICHHART: I would think that•• 1 20 that point,yoj know,how to house the people that t %f 21 was looking at this a little bit furthe• That we 21 lost their place and Mlwt their belongings and 22 would•• according to the site plan. i - ould say and 12 their books and all. But the other thing wu the 23 landscaping plan. 1 would amend condition I to 23 rubble that was left behind which posed a danger to 24 include the landscaping plan. That might be implied 24 passers by. And we made the decision without looking 2s because it was in the package, But . wouldjusl 123 further Into the pal Weal ramifications or a6ewGe S'TOFFLLS & ASSOCIATM DENTON,TEXAS(940)565-9797 Page 281 • Page 284 I� 43, , i c t. Condensell' PLANNINO & 70NINO,5-26-99 r Page 285 Page 281 i to go ahead and level that and make it safe. And we I down. This stuff like hem does not need to be put 2 did that. And in doing so we lost our grandfather 2 up on the streets. 1 walked by 0,•re then again 3 clause on the p!operty,as I understand it. And so 3 later. They had one of these up. And as anyone 4 we began In the specific use permit. /nd I 4 knows,this Is a f,mily Christian in the newspapers, s understand that if enough of the hog- . 1 remained, 5 That does not need to be going up on 6 we would have kept the grandfr.deer c,,.t.se and could 6 the-•out there on then fences. The other day I 7 have rebuilt the•• the stories on top of the 7 walked by and I saw that one. That does not need to s basement, 8 be put on those fences. And they did not appreciate 9 But,anyway,we -•we did get the 9 it when 1 tom them down. And I said,well then quit 10 ep;roval of the:.kZ when we went before this Io putting filthy stuff up there. Then I saw this one, I1 Commission before. We did fail,however,to I I which it says down here with special equipment. And u adequamly listen to and address the concerns of some a then it says. Call Emily. And then I saw this one i s of our neighbors. And at that point,it employed the 13 hem right around at Halloween,which it says there's Ice 800 rule and we could have gone on and gambled for la rat poison in this candy core. That stuff goes up on Is the super majority of etc Council. We chose not to. Is them fences al tho time and it doesn't look nice 16 We chose that wasn't the best way to continue. We 16 down there. Bat these two right ben,that Is 17 decided to stay out of the process for a while and 17 pathetic for them boys to let that••Delta t.odge 1ct Is rebuild sonic bridges in the community, which we've•' is this stuff be hung up down hen, And I took them and 19 which we've done. And having dome that,we're back 19 lore them down. And he said,you am tearing this 20 before you again. And we'd like to ask that you 70 up. Taking that off Is private property. And 1 21 approve our ability to rebuild a smaller structure 21 said,then is not no house here. And 1 mid,when 22 but to continue to operate it as a fraternity as it 22 there's a house here 1 said,I'll stop. i said, 23 has for the last 20 years, 23 until then I don't think it should be -• children•• 24 MIL ENGELDUCHT: Com missioncra,any 24 it should be on the fences. And 1 said,I don't 25 question' Not at this lime. Thank you. 25 think children should put it then. Page 286 Page 288 1 Mk.oltE m Thank you. I And,besides that,you have In the 2 MR. 6NGELB1ECHT: We do haw one card. 2 papa here that it's on the southeast cow. That's 3 Speak•• III right, That was your card. I an the southwest corner. Southeast coma is the 4 MR.cm op. Yes,sir. 4 CorkkTew. So you made an error in your papa. But 5 MR, ENGELBZECHT: The Petitioner's cud f it doesn't Recd to be up that. And 1 don't like the 6 to speak in support. Is there anyone else present 6 loud music since I don't have any utilities and no 7 who would like to speak in favor of this petition? 7 electricity and atilt won't. I hear ths,music clear s Anyone else prescot to speak in favor of the s down there to my house. And,besides,Salty Aishel 9 petition? In that case,I do have one card in 9 ought to be able to hear It as well as I do. And I io opposition, Ms. Goodson. It you would,give us your 10 don't have that electricity. I have to keep my i i name and addivss for the record,please. I I windows up. And when they had that dae4um Fry Street 12 Ms.ownsw My name is Dcssie 12 Fair down there,it was supposed to have stopped at u Goodson,and I still live at 904 Gregg even though 13 BOO o'clock, it did not,because the music was just 14 the City of rrenton has left mo as a broken resident. 14 bouncing right Into my windows. And the dog kept 15 I don't think that pail of what he said back hen Is is barking. So me and Oscar went down then to are what 16 not quite true because I've lived on Gregg for quite 16 was going on. One lady said slut it stopped at 8:90. 17 a while and 1'-,v know that•• I've walked on that 11 But I've got pictures to prove it did not stop at is stroct for quite a while. And when I walked on it 1 Is 8:00. And there's also a police report that the r 19 either• I had to walk on the north side bocause 19 music did not atop at 8O0 o'clock. And I a:r s have A �, 20 when I walked over here on the south side of it of 10 'pictures of how that place looked Like at 8:00 21 Oak ail 1 walked in was broken beer glass w beer 21 o'clock. So It did not. And I on not In favor of 22 bottles or other kind of bottles, And it stunk to 22 this. Will y'all quit smlling like that at me. And 23 bad that that's why 1 walked on the north side. Then 23 1 am not in favor of this mess, It was not a lodge 24 they put up these kind of pictures right hen on that 24 before. It was a house and they converted it into It 25 fence down then after It was bunted. It bivred 25 Data Lodge, And that's the way it should be left STOFFELS & ASSOCIA'T'ES DENTON, TEXAS (940)565-9797 Page 283 •Page 288 /4 , 1 0 c � Coadceselt, PLANNING ti's ZONING 5.26-99 11411,89 Page 291 1 now. And the only time they ever bothered o ckin I want up that mess is when they wanted to start 1 2 So we would lice to addrem the roken S r6uilding. Until then, it was walk In beer cans and 1 bottles Issue and have supported removu of all 4 broken glass, And I'm not the only one that can 4 bottles from Fry Street in our involvement with the S prove that, I've got a neighbor beWnd me for -- s Fry Street Development Corporation. 1 think that 6 been there for 15 years the'said that he has newer 6 will go through. So we won't have the&less problem, 7 slept so much better. 7 And we also want to address having the dumpster right I 1 hate to see someone's home burned s there on our property where it was. We have 9 because when I was growing up our home burned. It 9 supported centralized dumps)xs, which has boon a big 10 was two story. And 1 felt bad for them. But this to move on the Fry Street Deed sprnent Corporation to-- I I is-• we don't hoed this down there. Put it 11 ail these will be addressed soon with the City 12 someplace else. But not in a neighborhood. This Is 12 Council with another measure that's coming before us is supposed to be commercial. Leave it that way. IS soon. So we'd like to address these. 14 MR. ENOELBRECNT: Thank you. Any a Also,the••there was a stage on•- In is questions for Ms.Goodson? 1s there anyone else I3 the--on the property before as noticed In here. I6 present who would like to speak In opposition to this 16 It's not there row, And I'm sure that will help make 17 petition? Anyone else present to speak In opposition 17 a difference with the nolse,as well. So we've tried is to the petition? Seeing no other opposition,Mr. is really hard to address all of these issues over the t9 Orclop,you have an opportunity to speak in rebuttal 19 last several years and continue to address them and 20 if you'd like, 20 moot regularly with the members of the community. 21 MR okaop; well, Mrs.Goodson,l 21 And we'd be happy to Invite Mrs. Ooodon to future 22 would like to-•if I could address her directly In 22 mx6rip. 1 didn't realite that there were concerns 23 this venue, Thank you for taking down those filers. 23 there and they hadn't been voiced to me before. 24 1,too, find chase offensive. 24 MR. ENOELBRECRT: fjwWon for Mr. 23 Ms.Ooomom well,I do. 1 come 2s Orelop? Page 294 Page 292 1 walking by and I take thorn down. The kids holler at I MR, MORENo. Yes, I had asked earlier 2 me that I am taking it off private property. I said, 2 about what kind of screening you're going to have 3 get your dadgum filth off the fences because children 3 between your side and the Voertman's parking lot 4 shouldn't be teeing it. 4 MR.ORELOP: it will be a full 8-foot 6 MR.OP.ELOP; t will asy-• s fence the full direction all the way through,which I ' 6 MS.t700DSON: And 1 get called an MP 6 believe Is as Hgh as the City will allow it to go. 7 when I do It. 7 And I'm not sun of the materials. 6 MR. ENOELBRECIIT: You might address the s L NMEWWWD 6PFAUR: Cinder block. 9 Commission,Mr. Orelop. 9 MR.oREwP: Cinder block has been 10 MR.ORELOP; Okay. I'm sorry. to proposed. And If that's fine with you,we'd like to 1 I I MR FNOEL BRWIT: Thank you. That's I I do that. As thick as more Insulation we can supply. 12 all right. ii And cinder block is the••what they made-- 13 MR.ORELOP; Tboso fliers, as you IS Veertman's is made out of cinder block. So if you 14 notice,were not Delta Dodge fliers and neither did 14 match that,it might actually blend it~better than It 1s we put those on the fence. And those auto fliers are Is sounds like. But your recolnmeedadons of materials 16 found on the posts that arc there and •• Is would certainly be followed in this case. We want a 17 MS.000MN: They we riot. 17 good sound barrier to Voertman's and also something 1 s MR.WWI?; I'm sorry, is to keep people from walking back and forth between r 19 MR ENOFLBRECNT: That's all right. 19 close properties. So wee dissuade anyone from puking A 20 MR.ORELOP: And the clubs that were 20 at Voertman's. it being advetti.sed and the bands that were playing tend 21 MR.MORANa. Thank you. 22 to advertise, And not having a house there and tat 22 MR.ENaUliREM: Any other questions. 23 having someone to patrol it other people feel u she 21 Will you be decorating the trees with motorcycles?7 24 does. That it's not private property if there's not 24 1 D•ATTy: rm sorry? 25 a house. And they can post things anywhere they 23 MIL ENOSLBRECHT: will you be STOM,IS dr ASSOCIATES DENTON,T13XAS (940)565-9797 Page 289 • Page 292 45. c t Condoeselt"' PLANNTNO do ZONINO,5-26-99 Page 293 Page 293 3 decorating the trees; with the motorcycles In the I begins there from the end of the cinder block wall. w 2 future? 2 It makes the neighborhood Moro aesthetically pleasing 3 MR ORELOP; %e have no plans for 3 than to bring that cinder block wall all the way up 4 Motorcycles. 4 to the front of the -- S MR.ENOELBRECHT: lust curious, Any 3 MR, ENOELBRECH7: Right. We realize 6 other questions? thank you,sir. 6 that. There's a-•yeah There's a-• there will be 7 MR.ORELOP: Tbank you. 7 a setback on it. We shouldn't have said the whole a MR.ENOELBRECHT: In fhb case,the s distance. I shouldn't have sold that 9 public hearing is closed. Mr.Mchhort,any final 9 MR. AZHF,L: It's late. to staff remarks? to MR.VOELBRECHT: We do wont It to I I MR, RE1cHHART: No additional staff 11 extend all the way to the msr of the property,which 12 commorts. Commissioners, any questions for staff? 12 Is really where the question is on this map. So you 13 Comments or a motion? 13 could just simply rewrite this to•-as stated. 14 1 guess 1 might Interject a question I4 Actually,just take that line and draw it back there Is with regard to that Issue of the fence between is to the end. Any other questions for staff or a 16 Vocriman'e and the site, 1 thought it said-- did It 16 motion? 17 gay wooden fence or was it•• 17 MS.APPLE: I'll make a motion. to MR.REICIiHART: I think it says cpu, it Finding that the request for a specific use permit 19 MR.FNOLLG*C11T: Pardon? I9 has satisfied the seven conditions ae presented in 20 MR.RM11HART: Wldch is a-- 20 the staff report,i move to recommend approval of 21 MR. DONALDSON: CMU. 21 2.99-026 with the following ecoditlons. That 22 MR.REMHART: CMP7 22 approval Is subject to development according to the 23 MR,DONALDSON: CMU. 23 site plan presented w part of the staff report 24 MR.REXEV kRT: CMU. Concrete masonry. 24 with -•what? is MR.DONALDSON: Larry,it appears to me 25 MR.DONALDSON: Do you want to add die Page 294 Page 296 I that the fence extends approximately,you know, a I landscape plan to the site plan? 2 third to a half of that edge of the property and not 2 MS.APPLE: To the site•-socording to 3 the entire length of the property. Them's a note 3 the site plan and landscaping plan presented as part 4 that says begin -• 4 of the staff report Will that cover the!mice S MR,REK'HIMT: Begin g•foot•• S issue ••the•- the blocking Issue that•• ' 6 MR.DONALDSON: -Voot tall fence 6 MIL REICHROT: f believe if you want 7 here. 7 the-• we can state that the fence shall extend to a MR.FNOELBRECHT: couldn't we just s the full extent of the rear yard of at)cast to the 9 simply say that it'll be an 8-foot fence the 9 house. 10 entire -• 10 iv1R.BUCEK: Wcll,why don't you Say the 1I MR,REICHIIART: We can make that it fence on the property line••on the west property 12 condition. t2 line except In the front yard where appropriate 13 MR.ENOELBRECHT: Unless there's a-• 13 adjustments will be made. You're saying you want the 1 MR.REWNHART; We can••unless 14 whok vest fence constructed? is there's a reason to•• is MR.ENOFLBRFCHT: Right 9ecauee 11 A MR.DONALDSON: Yeah We're dealing 16 didn't say that on the plat. They pointed out 17 with required front yards along Oak Stmt So we 17 that•• u would have to take it down to •- 16 MR.DONALDSON. From here to hen. r� 19 MR.ENOELBRECHT. Well•• al l right. 10 ASR.ENOaumcim I guess you could A 20 MR.DONALDSON 40 inches there. 20 limply say to include the--the change Y outlined 21 MR.ENOELBREM: Well-- 21 by staff with regard to the fence. 22 MR.DDNALDSON: of end it. 22 MR.1t142iEta Pd like to we Mrs.Apple 27 'dR.ENGEL13KMM: Right. 23 make her motion and then we if we can put a friendly 24 MR.ENOELBRECHT; Within the code. 24 amendment to it or whahwer. Why don't you just let 25 ,4R.omop: the landscaping plan 25 her road her motion on through 9T6F LS X78 SOCI ATES DENTON,TEXAS '^'"` e65-9797 Page 293 •Page 2% 46, t. u Conden"It, PLANNING& ZONINO, 5-26-99 Page 297 Page 199 1 Ms.APPLE; Well,no. I asked for i with student housing. My opposition is not 4 3 the — I asked for that. 'thank you. And we'll add 2 necessarily to your plan 5ut to the fact that I need 3 that to my motion. And that lighting on the property 3 more Information on student housing. 4 shall be designed and maintained so as not to shine 4 MR. ENOELBRECHT: Any other s on or otherwise disturb surrounding residential s discusslcn7 All in favor of the modon please raise 6 property or to shine and project upward to prevent 6 your right hand. Opposed same►ign. 7 tho diffusion into the night sky. 7 MR.RISHEL: (opposed.) i a MR.ENOELBRECHT: Second. Moved and s MR ENOELBRECHT: Motion carries three 9 seconded to recommend a;proval with the conditions. 9 to one. And we shall move to the Director's Report, 10 Any discussion on the motion? to Council action, future sgenda items,et cetera. 1 I MR.RMIIEU rd like to get a I I MS,APPLE: Can we just read It? 12 clarification. When we talk about surrounding 12 MR.DONALDSON: lust to remind you that 1) residential properties, I'm just wondering if••most is we've ••we're planning on the work session next 14 of what we have around this Is other commereial•type 14 Wednesday at 5:30 at-•I think we've moved it to the Is property. 1s that a generic term when We say Is work session room here in City Hall. 16 residential there? 16 MR.ENOELBIIECIIT; ON we have? 11 MR.ENOELBRECHT; Where? 17 MR.DONALDSON. We had a conflict •• 11 ma R25HEL: on the lighting. is yeah. We had a conflict with the cc-nference room at 19 MR.DONALDSON: There Is Some 19 City Holl west. 5o pay attention to the notice that 20 Multi-Family housing in that block. 20 you get or the backup that you get or the reminder 21 MR.RISIIEL: Well, it's mostly 21 that you get In the mail. 22 cununercial stuff In that block. And I'm just•• do 22 MR.ENOELBRECHT: Well,1 was going to 23 we use it In a generic term? 23 say. Are we going to get backup or a reminder or 24 MS.APPLE; If I can amend it. I can 24 exactly what are x.a -- IS amend that to Just say surrounding-•could we say 25 MR.DONALDSON: Wc!I, at least a Page 298 Page 300 1 surrounding property? i reminder. 2 MR. W.CHI WT: Yea. 2 MR.ENOELBRECHT: With some sort of an 3 MR DONALDSON: Yea,we Can. 3 aget.da? 4 MR RISHEL: Thank you. 4 MR.DONALDSON: Yes. s MR.APPLE: Will you second my s MR PNOELBRECNT: Okay. With that, any ' 6 amendment? a other comments? 7 MR ENOELRRECIIT: Yes. 1 will. 7 MS.APPLE: I move to adjourn. a M4. APPLE: 1 just have one comment. I 1 MR.RMI(PL: Second, 9 just wanted to say 1 was very impressed with the 9 MR.ENOELBRECHT; We're Adjourned. to young gentleman who came as a spokesperson. And 1 10 (End of proceedings.) 1 I would only hope that the conduct of w e facility I I 12 will be as professional red as impressivr as you 12 13 Were. 13 14 MR. ENOELBRECIIT: Do YOU have a 14 is comment, Mr. Rishel? Is 16 M.R.RISHEL: I do. I'm a neighbor of 16 t1 Mrs. Ooodson's and a neighbor of the Delta Lodge, 17 I e And have been Involved in several of the sessions 11 r i9 that we've had in that area. 1 consider this to be 19 Aa C 20 student housing, And at this In point In time with 20 (i ' 21 student housing AM as 1 we it our community, I'd 121 22 like to get a clarification on that. I will be 72 23 voting against this because I'm looking 10 00 city 21 24 for — and trying to get Additions)directions on 24 23 what we're going and what we're going W bC doing 1! STOFFELS &ASSOCIATES DENTON,TEXAS(940)363-9797 Page 297• Page 300 47, . t I t• III • I KM.IOl1VLN•,. 91M7glb OawC.�rfwi11tl101dI1W.71gY ATTACHMENT 3 9 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON,TEXAS,PROVIDING FOR A CHANGE FROM ONE-I'AM1LY DWELLING (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT(PD)ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 6,081 ACRES OF LAND LOCATED EAST OF RUGDELL APPROXIMATELY 70 FEET SOUTH OF LATTIMORE STREET, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF$2,000.00 FOR VIOLATIONS THEREOF,AND PROVIDING FOR AN EFFECTIVE DATE.(Z-99-0)1) WHEREAS, Marvin Morgan, on behalf of Gregory Hollar, has applied for a change in zoning for 6.081 acres of land from one-family Dwelling(SF-7)zorMg district classification and use designation to Planned Development(PD)zoning district classi&ation and use designation;and 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 Donlon Plan Policies,and the 1999 Growth Minagement Strategies and Plan;NOW,THEREFORE, THE COUNCIL ON THE CIrif OF DENTON HEREBY O.ADAINS: SECTION - That the zoning district classification and use designation of the 6.081 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from One-family dwelling (SF-7) zoning district classification and use designation to Planned Development (PD) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton,Texas, subject to the following conditions: I. That permitted land uses be restricted to those uses permitted,including those uses subject to specific use permits, In a SF-7 zoning district. 2. That alterative street sections be allowed subject to staff approval,including but not limited to: a. Forty(40)feet of right-of way with a twenty-two(22)foot street section with parking allowed on only one side of the street:or b. Fifty(50) feet of right-of-wsy with a thirty-one(31)foot street section with parking allowed on both sides of the street and traffic calming devices used to reduce the street section at Intermittent sections along the street. ' 3. That development shall be consistent with the deviled plan attached hereto and incorporated herein s Exhibit B. 48. L} G .a.�aw�wu,mn�.,xan.o.+.�rrn«aw. %"AMID" , Ea=II, That the Citys etficlal zoning map Is amended to show the change In toning district classification. SECTION III. That any person violating any provision of this ordinance shalt, upon .onviction,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 N, That this ordi r EXHIBIT A ` . L=99-031 I FIELD WAS TO 6.081 ACRCS'13 THE BROCK S11AVEY9 ABSTRACT 65t-DEMON COUNTY. TEXAS. Ali that 'certain tract or parcel otand situated in the J. Brock Survey; Abstr#ct 65, Denton County, Texas, being all of a (called) 6 acre tract deeded by First State Bank of Denton, Guardian of the Estate of Emma Was Grahan to 0. C. Walston, A. Anderson, and A. G. Baker on the t3th day of December, 19831 , recorded in Volume 1308 Page 441 Real property Records of laic county, and being mroe fully described as follows: BCGI,NNIA6 at the Southwest corner of said 6.081 acre tract on the Cast right-of-way of Ruddell Streets THENCE N. 16 36' 29" E. along sold right-of-way a distance of 236.60 feet to an iron pint THENCE East 1164,17 feet to an Iron piny THENCE Sj i° 271,26" W. a distance of 220.14 feet to an Iron pin;, 1HENCE S. 990 39' 47"- W. a distance of 459.67 fee: to an iron pins THENCE N. 896101 33" W. a distance of 282.3 feet to an lron' pini THENCE Si 3' 36' 16" H. a distaneo of 16.52 feet to an 'iron pint, w THE?ICE N. 891 34', 18" W. a ditianci of. 108.21 'feed to an,iron pin;: THENCE li. 890 481. 16" 1i, ,a distance of 214.13 'feet to an iron pint 4 TQ,14Cf N. 890 42' 115" W. a dista6ce'of, 99.88 felt to the Point of Beginninq;, and conttaining all 6.081. acres of land. 50. EXHIBIT B N..a =AVI I ! •� -`yam + � , I I I I {+ Nil I 4 PPP ���... + r i 1 yr ri� .y I I I lim' P s y R t ' krM IIIli1�flp (''I � ��� �I l •� I � � � RAAIAfr'fA I/d� f/ �� , RA IA Ir I �♦ � •�� ; � ��, , �� , � III � � p t. ATTACHMENT 4 NOTICE OF PUBLIC HEARING Z-99-031 [The lanning and Zoning Commission of the City of Dentolf will hold a public hearing on Wednesday,26, 1999, to consider making a recommendation to City Council regarding the rezoning of 6.081 located east of Ruddell approximately 70 feet south of Lattimore Street, from One-famlly Dwelling ) zoning district to a Planned development (PD) zoning district (see map on backside):; The sal Is to develop forty-four(44)single-famlly residential lots with a minimum of 4,238 square (eat. meeting will be held at 6:30 PM in the City Council Chambers located 1n City Hail at 216 E, nney Street, Denton,Texas. The public hearing will start at 6:30 p.m. In the City Council Chambers of City Hell located at 216 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to beer how )vu feet about this toning change re quest end invites you to aHend the pubffo heanng. Please, In order for your opinion to be taken Into account, return this form with your f�mmanls prior to the date of the public hooting. (rhls in no way Mhfhlfs you from adending and par!lclpating In the publk hearing.) You may fax it 10 the number located al the bottom, mall It to the address below,or drop It off In-person: Planning and Development Department 221 N.Elm ST Denton,Taxas 76201 Attn: Wayne Reed, Planner I The zoning process Includes two public hearings designed to provido oppcutunities for citizen Involvement and comment. Prior to the public hearings, landowners within two hundred (200)foot 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 tl'le Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. if owners of more than twenty (20)percent of the land area within two hundred(200)feet of the site submit written opposition, then six ' out of seven votes of the City Council are required to approve the zoning change. Th"o forms arc used to calculate the percentage of landowner opposition. Please clrclo one, 1 In favor of request Neutral 10 request Opposed to request Coma ens: f MOST' { Signature: tc+ Printed Name: l� M a[ling Add ross: � MAY 19 1999 r City, State Zip: 1�0 _ t Tote phone Number: Z3 PLANNING & DF.1lElOPNIVI? fir.ti Physical Address of Property within 200 feet: 2 d eL l - 4 ` CITY OF DEN rON, TEXAS CITY HALL WEST - DENTON,TEXAS 7020; 0 040, 40.8960 (F)040`340.71D7 I 2.0-031200'no1RV.dx 520 ALSd 1N eiZ Pnwr Cs NOTICE OF PUBLIC HEARING • Z-99.031 The Planning and Zoning Commission of the City of Denson will hold a public hearing on Wednesday, May 28, 1999, to consider making a recommendation to City Council regarding the rezoning of 6.081 acres located east of Ruddell approximately 70 feet south of Lattimore Street,from One-family Dwelling (SF-7) zoning district to a Planned development (PD) zoning dit'4lot (see map, on backslide).' The proposal Is to develop forty-four(44) single-family restdentlat lots with a mfr'..-,Im of 4,238 square feet. The meeting will be held at 5:30 PM In the City Council Chambers loeateu In City Hall at 216 E. McKinney Street, Denton,Texas. The public hearing will start at 6:30 p.m. In the City r:ouncil Chambers of City Hall located at 216 E, McKinney Street, Denton, Texas. Because you own properly within two hundred (200) loot of the subject property, the Planning and Zoning Commission would tike to hear how you feel about this zoning change request and Invites you to attend the publik 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 portklpating In the public hearing.) You may fox it to the number located at the bottom, mall it to the address below,or drop It off In-person: Planning and Development Department 221 N. Elm ST Denton, Texas 70201 Attn: Wayne Rood, Planner I The zoning process Includes two pubic hearings designed to provide opportunitles for citizen Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing Is held before the Planning and Zoning Commission. The Commission is Informed of the percent of responses In support and in opposition. Second, the zoning petition Is forwarded to the City Council for final action providing the Commission recommends approval. Should the Corrrnlsalon reoomrr4nd denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20) percent of the land area within two hundred (200)feet of the site submit written opposition,then six 1 out of seven votes of the City Council are required to approve the zoning change. Those forms aro used to calculate the percentage of landowner opposition. Please circle one: 1 In favor of request Neutral to request Opposed 10 request 1 Comments: Slpnaturo: �I! 9 Painted Namo: . AJ5# 6yy h 1k1 7 4J Mallin Address: , I g SG,33 ccreeLriOmD//rttt W. MAY City, State Zip: ` n Telephone Number: q Vp 7- /63 l/,NNiA'0 b OFVElAVENf Physical Address of Property within 200 took RIO NEN yER6 0 CITY OF DENTON, TEXAS crTY HALL WEST • DENTON,TEXAS 70201 • 940.340.8350 • (F)940,340.7707 I 249.03 f 900,nofkv doe ALSO t A /a t �itZ lCt ' S3, e NOTICE OF PUBLIC HEARING 1~ Z•99-036 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 26, 5999, to consider amending the various conditions of Ordinances 89.171,92-033, 94-128,and 96-048 as they apply 10 the entire 64.4155 acre Denton County property by Creating one Light industrial (Lt) zoning district with consistent restrictions. The request Is to remove the'requirsmdnt for a sp'ecifio use permit for Jail faciiities. It Is located on Vie south aide of McKinney Street and wait alde of Woodrow Lane (see map on backside). The purpose of the zoning change Is to remove the requirement for a specirc use permit for Jail facilities. The public hearing will start at 6:30 p.m, in the City Council Chambers of City Hall located at 216 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the !Tanning and Zoning Commission would like to hear how you feel about this zoning change request and invltos 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 pubtlo hearing. (This In no way prohibits you from attending and particrpaling In the pubilu hearing.) You may fax It l: the number located at the bottom,mall It to the address below,or drop it off in-person: Planning and Development Department } 221 N. Elm ST Denton,Texas 76201 Attn: Wayne Reed, Planner II The zoning process Inc:,)des two public. hearings designed to provide opportunities for citizen Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feel of i 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 suppon and In opposition. Second,the zoning petition is forwarded io the City Council for final action providing the Cammisslon recommends pproval. Should the Commlaskn recommend denial, the petitioner may lhait appeal the request t08 a Clty Council. It ownero of more than twenty (201 percent of the iand'aroa within wo hundred (200)feet of the site submit written opposition,then six out of seven votes of the Clty Councll are required to approve the zoning change, These forms are u sari to calculate fa the pereentap6 of landowner opposition. clrcl ono: In favor of request eutrai to requc Opposol to request Comments: ly Signature: MAY 2 5 0 yJ Printed Name: e Sly hr. X Melling Address: LAN141NG 6 DE11E1,01PMENT ' City, 4tato Zip: —DO—dL,taW- I�CeA C '7410-C jl,rti c Telephone Number. Phyalcal Address of Property within 200 feet: 401ded. A1PPZLL CITY OF DENTON, TEXAS CITY 14ALL WEST • OENTON,TEXAS 76201 940,3418350 (F)940.340.7701 LDO C77?CO'NoUcRQoc 34, c c: NOTICE OF PUBLIC HEARING Z•99-035 The Planning and Zoning Commission of the City of Denton will hold a public hearing on-Wednesday, May 26, 1999,to consider amending the various conditions of Ordinances 89.171,92-033, 94-126, and 96.048 as they apply to the entire 64.4155 acre Denton County property by creating one Light Indvsbial (LI) zoning district with consistent restriction. The request is to rbmove the requirement for a specific Use permit for )all facilities. It Is located o., t,,a south side of McKinney Street and west side of Woodrow Lane (see map on backside). The purpose of the zoning change 'ls to remove the requirement fora specific use permit for fall facilities. The public hearing Oil start at 6:30 p.m. in the City Council Chambers of City Bali located at 216 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the suhlect property, the Planning end Zoning Commisslon would like to hoar how you feet about this zoning change request and invites you to attend the public has". 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 prohlbifs you from allending and participating In the public hearing.) You may fax It to the number located at the bottom,mail 4 to ilia address b'Blo*, or drop It off ih-person: Planning and Development Departmert 221 N. Elm 3T Denton, Texas 76201 Attn: Wayne Reed, Planner li The zoning process Includes two public hearings designed to provide opportunities for citizen Involvement a,id comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first publio hearing Is held before the Planning and Zoning Commission. The Commission Is Informed of the percent of responses in support and In opposition. Second,the zoning petition Is forwarded to the City Council for final action providing the Commission rcoommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more than twenty (20)percent of the land area within two hundred(200)fee'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 fand•)wnor opposition. Please circle one: In favor of revues Neutral to request Opposed to request \ Comments: 1, p ( E signature; �""'� �' i�AY 75 1944 D Prinled Name: `' Mailing Address; -D3 JV P d e l 51 PLANNINO & DEVEMPMENT A City,Stale Zip: lhw)M,') ,`Od S /D Telephone Number, (? go - �1.�Y3�7�/ s Physical Address of Property within 200 feel , 9 i a CITY OF DENTON, TEXAS CITY HALL WEST - DENTON,TEW 76201 040,340.6150 (f)440440,7161 z.00 ors toa'Abttca as 55 t c; h i ' I Aiv-Z4-11 1l:10ps Prart311T01 t DAYINE llP 1404142121 T•251 P 02191 F-010 NOTICE of PUBLIC HEARING 4 Z-99-031 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 26, 1999, to consider moldng a recommendation to City Council reg"ng the rezoning of 6.081 acres located east of Ruddell approxlmatsty70 feet south of Lattimore Street, from One-famiy Dwelling ;I (SP-7) zoning district 10 a Planned dovelopment (PD) zoning district (see map on backside). The proposal Is to develop forty-four(44)single-famly residential lots with a minimum of 4,236 square feet . The meeting will be held at 5:30 PM in the City Council Chambers located In City Hall at 215 E. McKinney Street,Denton,Texas. The public hearing will start at 5:30 p.m. In the City Council Chambers of City Hall located at 215 E. McKinney "at, Denton, Texas. Because you own property within two hundred (200) foot of the subject property, the Planning and Zoning Commission would like to hoer how you lest about this zoning change,request and tnvkes 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. (7hls in no way proh"Is you-from atfendkV and paRtclpong in the pubflo'hearing.) -Veu-may fax Itid the number located at the bottom,mall It to the address below,or drop it off In-person: Planning and Dovolop!nont Department 221 N. Elm ST Donlon,Taxes 76201 Attn: Wayne Roed, Planner I The zoning process includes two public hearings designed to provide opportunities for citizen Involvement and comment Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notlied of the zoning request by way of this notice. The first public hearing is held before the Planning and Zoning Commission. The Commission Is Informad of the percent of responses In support and In opposition. Second,the zoning petition Is forwarded to the City Counci! for final action provlding the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of nano than twenty (20)percent of the land area within two hundred (200)feet of the site submit written opposition, then six out of seven volos of the City Council are required to approve the zoning change. These forms are used to calculate the percentage of landowner opposidon. Pleaso circle ono: In favor of request Neutral to request Opposed to ngws! Signature; Printed Name: Malting Address: 7 City, SL+1e Zip: %b✓ �� 3✓ratD d 7 Telephone Number. •rL ' 2/ r 4 Physical Address of property within 200 foot: i'►^� [/�/� CI r'Y OF DENTON, TEX,4S CITY MLL WEST - GENTON,TEXAS 74201 • 446,140,6150 - (f')040.340.7)01 2 0043#"rolre doe ' 56. c, L+ May- 19-90 04:O5P DART Project Management 214-749-3664 P.01 NOTICE OF PUBLIC HEARING Z-99.031 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, i May 26, 1999, to consider making a recommendatkm to City Council regarding the rezoning of 6.081 acres located cast of Ruddell approximately 70 feet south of Lattimore Street,from One family o ioing (SF-7) zoning district to a Planned development (PD) zoning district (see map on backside). The proposal Is to develop forty-foul (44)single-family residential lots with a minimum Of 4,236 square feel. The rmaliing will be held at 5:30 PM in the City Council Chambers located In City Hatt at 215 E. McKinney Street, Denton,Texas. 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, Taxes Because you own property within two hundred (200) feet of the subject properly, tho Planning and Zoning Commission world Irka to hoar now you fool about Ihls zonir>!7 change request end Inv let you to attend tha pubic hoaring, Please, in order for yot,r opinion to be taken Into account, return V.Is form with your comments prior to the date of the public hearing. (TMs h1 no way pnahfbils you from eltend no and padWpnling In the public nearing.) You may tax it to Ina . number localod 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 76201 Attn: Ylreyao-R4ra tir nnert L..tinM RtxHy gar. The zoning process Includes tyro public hearings designed to prL Mdo opportunities for citizen Invo'vertrent end comment. Prior to the public hearings, landowners Within two hundred (200) feet of the .subject property are notified of the zoning request byway of this notice. The first public tearing Is hold Lcfore the Planning and Zoning Commission. The Commission is informed of the percent of tesponses In 6upporl and in opposition. Second,the toning petition is forwarded to the Oily Council for final action providing tho Commmission recornmerx13 approval. Should the Commission recommend l denial, the oelilloner rnAy then appeal the request to the 7ity Council. !r owners of Moro than twenty W) percent of the land area within two hundred(200) feet or lie site el.••nit wrilten opposlWn, then six out of seven votes of the City Council art) required to approve lie zuning change These forms are used to ealcufale the percentage of landowner opposition. Please circle one. to favor of request Noub at to roquost Opposed to roquoid Comments' sett rah* �� aowti+S wowko Ot'+ ekpj*, ?rLd,v.-4- r 4/01LV2 K Kf i'rinled Nama: ._L.Laii tilaii'ngAddress� t_'1_va. Twit)wiry l3",it_ City, st eta xip, CL— ACV-.11.1-1i _2(r � ,' zeta hone Number N t 9z 1 Ar �- Fhysrcet Address of Properly with',n 200 feet: 14 01 flfav_ WYOFiDENION, TEXAS ClIVHALLWESF . 0rN1'u#I, UAS ?641 • 040340.8350 (F)940.340.t'f0r _ e111111pp,l" 57. c> c. NOTICE OF PUBLIC HEARING lk Z•99-031 The Planning and Zoning Commission of the City of Denton will hold a pubre he May 26, 1999, to consider making a recommendation to City Council regarding t acres located east of Ruddell approximately 70 feet south of Lattlmore Street, from One-family Dwelling (SF-7) zoning district We Planned development (PD) zoning district (see map on backside}. The proposal Is to develop forty-four (44)single-family residential lots with a minlmum of 4,236 squarc feet. The meeting will be held at 6:30 PM in the City Council Chambers located in City Ball et 2i5 E. McKinney Street, Denton,Texas. The public hearing will start at 6;30 p.m. in the City Council Chambers of City Hell 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 Co misston would like to hear how you feat about this zoning change request and invites you to alland the public hearing. Please, In order for your opinion to be taken into account,return this form with your comments prior to the data of the public hearing. ('this In no way prohibfis you from attending and participating in the public hearing.) You may fax It to the number located at the bottom,mail it to the address below,or drop It off Irv-Perm Planning and Development Department 221 N.Elm ST Denton,Texas 78201 Attn: Wayne Reed, Planner I The zoning process Includes two public hearings designed to provide opportunities for citizen Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing is held before the Planning and Zoning Commission. The Commission is Informed of the percent of responses In support and In opposition. Second, the zoning petlllon is forwarded to the City Council for final action providing ye Commission recommends approval. Should the Commission recommend denial, the petitioner nay 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 requlrod to approve the zoning change. These forms an used to calculato the percentage of landowner opposition, Please&Cle one: In favor of request Neutral to request ctsed to request Comments: Signature: Printed Name; Mailing Address: Oi�)n , N City, Slate Zip; � AIC 31"1-01L �I� r (tr V Telephone Number _940 4%q- ( p1144 Physical Address of Property within 200 feet: 1 O M 0 k CJTY OF DENTON, TEXAS OTY WILL.WEST - DENTON,TUM ?6201 - 140,340,8360 (F)940340.110? 2.00-VJI 2W r1olka doe c c i i i I I NOTICE OF PUBLIC HEARING Z-99-031 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 28, 1899, to consider making a recommendation to City Council regarding the rezoning of 6.081 I acres located east of Ruddell approximately 70 feet south of LatUmore Street,from One-family Dwelling (SF-7) zoning district We Planned development (PD) zoning district (see map on backslde). The proposal is to develop forty-four(44)single-family residential lots with a minimum of 4,238 square feet. The meeting viii be held at 5:30 PM in the City Council Chambers located In City Hall at 215 E. McKinney Sweet, Denton,Texas. The public hearing will start at 6:30 p.m. In the City Council Chambers of City Hall located at 216 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you fee/ about this zoning change request and invites you to attend the public hearing. Please, In order for your opinion to betaken into account,return this form with your comments prior to the date of the public hearing. (This In no wayprohibifs you from attending and participating in the public hearing.) You may fax it to the number located at the bottom, mall It to the address below,or drop it off in-person: Plenning and Development Department 221 N. Elm ST Denton, Texas 78201 Aft Wayne Reed,Planner I The zoning process Includes two public hearings designed to provide opportunities for citizen Involvement and comment Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing Is held before the Planning and Zoning Commission. The Commission Is Informed of the percent of responses In support and in opposition. Second, the zoning petition is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may then appeal the request to the City Council. If owners of more then twenty (20) percent of the land area within two hundred(200)feet of the site submit written opposition,then six out of seven votes of the City Council are required to approve the zoning change, rheao forma aro used to calculate the percentage of landowner oppostilon. Please circle one: In favor of request Neutral to request Opposed to request Comments: Signaturo: Printed Name: e4 A !Z �S; M%lingipddress: ,j I z t.. Da ,.�! r City, Str,te Zip: � '�-dA ,�f� Tetephor,e Number: _3 7 n 2 %, d Physical Address of Propeity within 200 feet: I.0 t j CITYOFbENTON, TEXAS CITY PALL WEST . DENTON,TEXAS 78201 940349,11MO IF)040NO.T70? I PORN tA0'nolrc�dx 59. OWN 1 C (i I I I I NOTICE OF PUBLIC HEARING Z•99-031 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 26, 1999, to consider making a resommandatlon to City Council regarding the rezoning of 6.081 acres located east of Ruddell approximately Y0 feet south of Lattimore Street, from One-family Dwelling (SF-7) zoning district to a Planned development (PD) zoning district (see riap on backside). The proposal Is to develop forty-four (44)single-family residential lots with a minimum of 4,238 square feel. The meeting will be held at 6,30 PM in the City Council Chambers located In City Han at 215 E. McKinney Street, Denton,Texas. The public hearing will start at 6:30 p.m. in the City Council Chambers of City ball located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you lea/ about this zoning change request and Jnvitos you to attend the public hearing. Please, In order for your opinion to be taken Into account, return this form with your continents prior to the date of the public hearing. (This In no way prohlblis you from attending and participating In the public hearing.) You may fax it to the number located at the bottom, mall It to the address below,or drop It off In-person: f Planning and Development Department 221 N. Elm ST Denton,Texas 78201 Attn: Wayne Road,Planner t The zoning process Includes two public hearings designed to provide opportunities for citizen Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are notified of the zoning request by way of this notice. The first public hearing is held before the Planning and Zoning Commission. The Commission Is Informed of the percent of responses In support and in opposition. Second,the zoning petition is forwarded to the City Council for final action p+oviding the Commission recommends approval. Should the Commission recommend denial, the pet,tioner may then appeal the request to the City Council. If owners or more than twenty (20)percent of the land area within two hundred(200) feet of the site submit written opposition, than six ' out of seven votes of the City Council are required to approve the zoning change. These forma are used to calculate the percentage of landowner opposition. Please circle one, ., In favor of request Neutral to request Opposed to request Comments: Signature: Printed Nam baffe [ Q d Malling Address: r city, Slate Zip: I MAY 2 4 11A 3� l r Telephone Number. _ Vpwtto-d4L1 Physical Address of Property within 200 feel , V1I)?pi•if,NT Cf TY OF DENTON, TEX4S CITY HALL WEST - DENTON,TEXAS 76201 940 349.63b0 (F)940449.7707 Z-09-0312Wro1k@ doe 60, c u I NOTICE OF PUBLIC HEARING 41 Z-99-031 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, May 28, 1999, to consider making a recommendation to City Council regarding the reton?ng of 6.081 acres located east of Ruddell approximately 70 feet south of Lattimore Street, from One-family Dweliing (SF-7) zoning district to a Planned development (PD) zoning district (see map on backside). The proposal Is to develop forty-four (44)single-family residential lots with a minimum of 4,236 square feel. The meeting will be held at 6.30 PM In the City Council Chambers located In CHy Hall at 215 E. McKinney Street, Denton, Texas. The public hearing will start at 6:30 p.m. In the City Council Chambers of City hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subject property, the Planning and Zoning Commission would like to hear how you fool about this zoning change request and Invites you to attend the public hearing. Please, In order for your opinion to be taken Into ecoount, return this form with pour comments prior to the date of the public hearing. (This in no way prohibits you from offending and parfkipaUng in the public hearing.) You may fax It to the number located at the bottom, mall It to the address below,or drop it off in-person; Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: nor UAKI 991 ctt�WT The zoning process Includes two publio hearings designed to provide opportunities for citizen Involvement and comment. Prior to the public hearings, landowners wlth'.n two hundred (200) feet of the subject property are nolifled of the zoning ro,4uest by way of this nonce, The first pubro hearing is held before the Planning end Zoning Commisslon. 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 onproval. bhould the Commission recommend denlat, the petitioner may then appeal the request to tr a City Council. If owners of more than twenty (20) percent of the land area within two hundred(200)R at of the site submit written opposition, then six out of seven votes of the City Council are required to approve the zoning change. rhos@ forma are used to calculate the parcenhtgd of landowner opposiflon. Please circle one: In favor of request Neutral to request ppose to reques Comments; Signature; t t Printed Name. TO r71ef r7 'f!9 tQ� Mailing Address; 3009, City, Slate Zlp; b�.fenj . 7�a o 1 Telophona Number; _910 3 - n Physical Address of Property within 200 feet: Metaidow Oak CITY OF DENTON, TEXAS CITY HALL WEST o DENTON,TEXAS 76201 040,340,6350 6 (F)040.340.1707 2.00 091 900'naicr dos 61 . I L i i I MAY-97-tOJ .11 - IS FNCM.uILLLAM M. MERCER INC. ID.6173191630 PACE 1/1 NOTICE OF PUBLIC HEARING !. Z-99-031 The Planning and Xonlrg Comn',s3fon of the City of Denton wit Hold a public hearig on Wednesday, May 26, 1999, to consider malting a recommendation to City Council regarding the rezoning of e.o$I acres located east of ftuddel approximately 70 feet south of Lattimore Street,from Ong-family Dwelling (SF-7) zoning district to a Planned development (PD) zon1V district (s"'map on backside). The proposal Is to develop forty-four(44) single-family residential lots with a minimum of 4,238 square feet, The meeting Kn1l be held at 5:30 PM in the CNy Council Chambers located in City Hal at 215 E. Mc inney Streat, Dartton,Texas. The publlc hearing will start at 5:30 p.m. In the City Council Chambers of City Hal located at 215 E. McKinney Street, Denton. Texas. 8"' usa yAu own property within two hundred(200) feet of the sublect property, the Pfanning and ZOAL19 t;0MMk"10n would pks to hear how you feet about this zon;M?change request and I'nviles you to attend the publfc hae ft Phase. In order far your opinion to be tal,an Into 800our t return M form with your comments prior to the date of the public hearing. (This In no way prohiblfi You from,a tend ng and_po/WPafbrg in-the pint hiesk p.)• You rmayf�c it to 4ft- "nilrnboi Iocak4d at the bodorr,mail it to the address below,or drop it of In-person: Planning and Development Department 221 N. klm ST Denton,Texas 76261 Alen: Wayne Read Planner I The zoning process Includes two public hearings designed to provide opportunides for cttrsen involvement and eorrmant. Prior to the public hearings, Iandowners within tea hundred (200)feet of the sub!act property are notified of the zoning request by way of this notice. The fiat public hearing Is Reed before the Planning and Zoning Conwnisslon. The Commission to informed of the paroant of responses in su and In opposition. Second PPort the� Ppo zoning petition is forwarded to the City Council for final r ?XV4 providing ele Commi33lon recortunereds approval Should the Commission reoommend denlat, the petitioner may then appeal tho request to the City Council, N owners of more than twenty (20)perrant Of the land area within two hundred (200)feet of the sale submit written opposition,than Six out of seven votes of the City Council are required to approve the zoning change. These forms a» ' usod to calculate the percentega of landowner opposition. Please circle one: In favor of request Neutral to request Opposed to request y 'Monts.-- Signature: Printed Nano: „Wo H N u'{ F'tr A t r✓ t Malling Address: -lL t )'v to nr 46 City, State Zip: . nF N-A r r.% 7 L i o I rr, Tolephona Number. 940 'z#3 t5r J Physical Address of property within 200 foot 40) AV Tv4^4 gr+< CITY OF DWON, TEXII S Cn 1 NALL WEST • DENMN,taxAS 70201 • 040.340.&W • (F)940.349.!707 [.woa4 200'69*0 doe 62. I 1 t•' MAY-26-99 NEP 0i N2 241`61et2471679 V 4 01 9112 9 92 P. 02 NOTICE OF PUBLIC HEARING Z-99-031 The Pfarorning And Zoning Corrunission of the Pity of Denton will told a public hearing on Wednesday, May 28, 19041, to consider moldng a recommecdotlon to City Council regarding the rezoning of 0.081 acres located oast of Ruddell approximately 70 fe-d south of LalUrate Sheet, from One-family Dwelling ($F•7) zoning elisblet to a Plahned developrnant (PD) zoning district (see trap on backside). The proposal is 1d develop forty-four(44)single-family t&ldonliial lots with a minimum of 4,230 squard feel. The meeting will be hekf at 6:30 PM In the City Cotnncll Chambers located In City Hop at 216 E. McWnney Street,Denton,Texas. The public hearing Wit start at 5:90 p.m. In the City Council Chambers of City dial bested at 215 E. MOOnney Street, Denton, Texas. Because you own property wtthln two hundrvd (200) foot of the 801001 propedy. Ibe Planning'and ZoWng Convnissko woutd k'ke to hear how you feel about this zoning change request and In Ntes you to attend the pufNio treating. Please, M order for your opinion to be taken into aocoxtl, return this form with your comments Drier to the date of the pubt a hearing (this br no way p►ohIbIts you kom affending and per0cipaPrg A the pubrb hoar'np.) You may fax It to the number located at the bottom,map It to the addressbeloA mdrop It off In-person: Planning and Development Department 221 N.Elm ST Denton,T-i"s 76201 Attn: Wayne Reed,Plattner 1 The zoning Process Includes two pubtiv hearings designed to provide opportunities for citizen Involvement and uvnment. Prior to the public hearings, lando"re within two hundred (200) feet of 04 sub)ecl property ere notified of the zoning request by way of this notice. The first publte hearing Is held before the Plannhig and Zoning Commission, The Commission Is Informed of the percent of responses In support and In opposition. Second,the zonig petition Is forwarded to the City Council for Final action providing the Commission recommends approval. Should the Commission recommend denial, the petitioner may 111M appeal the request b the City Council. If owners of more then twenty (20) percent of the land area wlgrin two hundred(200)feel of the site submit written opposition, than aloe out or seven votes of the City Council are required to approve Iho zonng change. rhea* forts art used to calculate the percentage of fendowner opposlflon. Please circle one: In favor of request 4C Neutral to request Opposed to request 1 Comments: Slgnaluro:, _ Printed Name: Malllrg Address: City,Stale Telophono Number: 9zL_3&_d414 physical Address of Property within 200 foot: 21_2L i191'}' � .3/lll.DF..S" se�y.1 of/.�n�r •. •• �,( C1IYOrDEN70N, 1FXAS aryduuwesr . OENTPN.Ak AS 79201 • 9 4 Q,3/9A354 •,(�ssps�oypor_„ Y971r/7r ted'nrvk�.nE.e 63. C AGENDA INFORNIATION SHEET 22- Q.2 y AGENDA DATE: June 15, 1999 DEPARTMENT: Planning Department ACM: David Hill, 349.772 i SUBJECT— Z-99-026: (Delta Lodge SUP) Hold a public hearing and consider a request for a Specific Use Permit (SUP) for a Fraternity house located on the southeast comer of W, Oak and Fry Streets, at 1305 W. Oak Street. The 0,73 acre site is zoned General Retail (GR). The proposal is to develop a nine (9) bedroom fraternity house for the Delta Lodge. The Planning and Zoning Commission recommended approval(3.1,Powell,Ganzer& Gourdie absent)with conditions. BACKGROUND The applicant has requested a Specific Use Permit to allow the development of a fraternity house within a General Retail (GR) zone district. The property is the former site of the Delta Lodge house but has been vacant for some time. 9 The subject property is located in a General Retail(GR)zoning district created in 1969. > The proposed development is consistent with the seven conditions necessary to approve a Specific Use Permit. j Fourteen (14) property owners and seventy-six (76) courtesy addresses were notified of the zoning request. One response has been received in opposition. The twenty(20) percent rule is not in effect. I 1 PRIOR ACTIONIREVIEW The following is a chronology of Z-99-026, commonly known as the Delta Lodge SUP; Application Date-- March 24, 1999 DRC Datc(s)— April, 1, 1999 P&Z Dale — N1 ay 26, 1999 r ' ESTIMATED PROJECT SCIIEDULE Upon receipt of a Specific Use Permit,the applicant may begin development upon issuance of a building permit. c c FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school wil district. It will require no short-term public improvements that are the responsibility of the city. As a form of infill development,no extension of public infrastructure is necessary to service this site. PAZ SUGGESTED RECOMMENDATION The Planning and Zoning Commission rccomm:nds approval (3.1) of this zoning request with the following conditions: I, That approval is subject to development according to the site plan and landscaping plan present as part of the staff report; 2. That lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb surrounding property or to shine and project upward to prevent the diffusion into the night airy;and 3. That an eight(8) foot masonry wall shall extend as Indicated on the plan by staff, Finding that: 1. The request for a Specific Use Permit his satisfied the seven conditions required by the zoning ordinance. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. S. Table item. ASTACHMENTS 1. Planning and Zoning Commission Report,May 26, 1499, Z•99-026, 2. Planning and Zoning Commission minutes from May 26, 1999, 3. Drafl Ordinance, 4. Public Notification Response y Respectfulubmit D pv4ffilt Assistant City Manager Director of Planning and Development Prepared by: A E,arry Rcichhart Development Review Manager 2, I l�`` �1� rr g � �,T � s'�i.�. 1 F"i�7 �1 :._ - �. `j' a;�.' ,�4"�"�y,-•—r � ��� - I • . • 1 • . 1 f .AI JY}f n "r..gg pr 1 1161, � � 7�•,'1r%— "', FT i 1 Applicant: Robert A. Bone Owner: Delta Lodge, Inc. 713 Smokerise Circle 1305 W. Oak Street Denton, TX 76205 Denton, TX 76201 11MMMIMMM I i The developer Is requesting a Specific Use Permit (SUP) for a Fraternity house located on the southeast corner of W. Oak and Fry Streets, at 1305 W. Oak Street. it 7 - , The purpose of a Specific Use Permit Is found at Section 35-106 of the Code of Ordinances. A Specific Use Permit provides City Council the opportunity to deny or to conditionally approve those uses that generally have unusual nulsance characterlstics or are of a public or seml-public character often essential or desirable for the general convenience and welfare of the community. Because, however, of the nature of the use or possible adverse Impact on neighboring properties of the use, review, evaluation and exercise of planning judgement relative to the location and site plan of the proposed use are required. A Specific Use Permit follows a two-step review process designed to provide opportunities for citizen Involvement and comment. The first step, following the submission of an application for a Specific Use Pernrrf, Is to schedule a public hearing before the Planning and Zoning Commission. land-owners within 200 foot of the subject property are notified by certified mall of the Planning and Zoning Commission public hearing. They are provided a response sheet and are Invited to attend the public hearing to comment on the request. Residence within 600 feet are notified of the request by mail and are also Invited to attend the public hearing. If the Commission, recommends approval of tho request, It Is forwarded to the City Council for finai action. If the Planning and Zoning Commission recommends against the request, the applicant may appeal the decision to City Council. p i Seolion 35-112 of the Zoning Ordinance states that a Specific Use Permit shall be issued only if M of the following conditions have been found: 1. That ilia specific use will be compatible with and not Injurious to the use and enjoyment of other propurly nor significantly dfminlsh or Impair property values r I within the Immediate vicinity; ' ' 4, The proposed use (a lodge)has existed at this locations for years. To the south, east and west, the land use pattern Is one of high intensity retail use. Thu area to the north Is a mixture of an d ti-f a ity, sing ia•fam ii y residences, renter occupied single-family residences, offices, etc, A new structure would be a significant Improvement over'he previous building. 4, a c 1 2. That the establishment of the specific use will not Impede the normal and orderly development and Improvement of surrounding vacant property; { There is tittle surrounding vacant property that Is not used for parking. While there is a 1 number of substandard structures in the area that are candidates for redevelopment, it Is unlikely that establishment of this specific use will Impede the normal and orderly development of surrounding property. 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; All necessary supporting facilities are In place, 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments•, i The parking lot,driveway and number of parking spaces (14) meet the requirements of the City of Denton. (See enclosure) 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; Noise will most likely be ralsed as an Issue. The previous version of this house had a permanent bandstand in the rear (south) of the property. No such bandstand Is being proposed. If any such structure, Is proposed In the future, any SUP associated with the property would need to be amended. 6. That directional lighting vilil be provided to as not to disturb or adversely affect neighboring properties; and i Only one light Is proposed for the property, located at the southern end of the parking lot, y. That there Is sufflclent landscaping and screening to ensure harmony and compatibility with adjacent property. The landscaping plan identifies the proposed plantings and fencing to be Installed to buffer the site.. landscaped screening of all parking and vehicular surface area consistent with the City's landscape ordinance and are sufficient to screen adjacent properties. i Sectlon 35.113 allows the commission to recommend additional conditions on the proposal to protect the public Interest and the welfare of the community. S. c• t w. f Notice of the zoning request was published In the Denton Record-Chronicle on May 16, 1999. Fourteen (14) property owners and seventy-six courtesy notices were sent on May 11, 11111, As of this writing, there have been no responses. A neighborhood meeting has been scheduled for Monday May 24, 1999. Staff recommends approval of 2.99.026 with the following conditions; r 1. That approval Is subject to development according to the site plan presented as part of the staff report. f 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, I find that the request for a specific use permit has satisfied the seven conditions as presented In the staff report. Therefore, I move to recommend approval of 2.99.026 with the following conditions: 1. That approval Is subject to development according to the site plan presented as part of the staff +r report. 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. 1 G EFlNA7 � 1• Recommend r pproval as submitted. 2. Recommend approval with conditions. 3. Recommend denial, 4. Postpone consideration. 6. Table Item. MUM'SY I 1. Vicinity Map. 2, Zoning Map, 3. Utility Map. 4, 200' Property Owner Notification Map, 5. Site Plans. 6, NORTH . . i (Delta Jos— GRACE TEMPLE CHURCH © 11 v low 0 Mel N®R tTH'w oil VICINITY MAP rld ♦-nln� - r��'!I :■'C �t��C� � i�� ■ ■■ f.� �rt 100 Scalc None NORTH -99-026 (Delta Lodge) WE �� ZONING MAP Agenda Dole: May 20,-Z 1099 None i r c. i NORTH r 99p.026 Delta Lodge) 1115 I I iTE k L NCKORY OV .. ... .... .nnae�............«wn+.+..+.�n+.�rn•..e+rrnn+srrz........ ....... .......... EXISTING UTILITIES MAP • Hydrants I -- -- Water line (W. l.) --• �— Sewer Line (9. L.) Agenda bate: May 28, 1099 Sale. Nona 9. n f I NORTH 2.99-026 (Delta Lodge) GRACE TEMPLE CHURCH � a d ° i� R ITY lies NE OF N TE E C11M w 200.500 FOOT NOTICE MAP iA6 Agenda Date; May 28, 4999 Scale, None � io , v c; 1; 4 ur+ir�� rrn MIT. TKIMM TA L i F1 ]'� a . I a ! 1x141if I I ,� Ltl I 24101 ]IJIII F ' � s50 � wc r L y OAK 5TRE5T �AO, � r; " No OT O DR91ON = OROUP c� c, Ilk ri dial `IA" tw _ 17.9„ , �...-.•�.� .-.�.•.-.�...--,['•y `IXI". T"Fi I'' TO r"I J \ I IXIST. VIAWITLM 4L o ra R lalatT. 1 '.M In � •i ----i .Ly � ° I I s g ► floon y `:oo I I I§ r I ► �7 � �` 94'3.L. '1 � 7'%V m 0 TO MIA 1 I — F w w 1!tt14T. Tm To e OAK STRMT N0 o1 � D�8��3N e� I GROUP F 12. i i t: ATTACHMENT 2 PLANNING&ZON11NO, 5-26-99 Page 223 1 any questions. 1 material shall not be--that no --yes. That any a 2 MR.ENOELBRECHT; Commissioners, are 3 exterior material shall not be allowed on any 3 then any questions for the Petitioner's 3 building elevation visible from 1.33 B. And that•• 4 M.R.RISHEL: Yes, Mr.Hill,in the 4 MR.REED You went to include metal in S previous zoning case of the LI that's immediately S that statement? 6 next to that we had sonic conditions that were placed 6 MR.RISHEL: Do not Yes. Yee, And 7 on it,would you object to eliminating dormitories, 7 that the permitted uses of the adjoining property 6 boardrooms,or rooming houses? a light industrial shall be as previously enumerated 9 MR. HILL: Not at all. 9 less dormitories,boarding houses,tooming houses, 10 MR RISHF.L: Thank you,sir. 10 and student housing. 11 MR. HILL: And the other conditions I I MS.APPLE: I'm sorry. Could 1 have 12 that staff 17 you repeat your fourth condition? I didn't•• 11 MR RISIIEL: Or student housing? 13 MR. RMHEL: Yes. 14 MR.HILL: Yeah. No student housing. 14 MS.APPLR: —understand you. 1s We're also In agreement with the conditions that Is MR.MHEL: rd be happy to. That any to staff recommends. 16 metal exterior shell not be allowed on any building 17 MR, ENGELBRECHT: okay. Any other 17 elevation visible from I.35 B. 'thank you for IN questions for Mr. Hill? Thank you. IN clarifying that. 19 IAR, HILL: Thank you. 19 MS.APPLE: Okay. Thank you. 20 MR, ENOELBRECHT: Is there anyone 20 MR. ENOELKISCHT: Is there a second to 21 present to speak in favor of this petition? Anyone 21 the motion? 22 present to speak in favor of the petition? In that 22 MS APPLE: I'll second that station. 2) case,i3 there anyone present to speak In opposition 23 MR. ENOELBRECHT: I'd like to interject 24 to tic petition? Anyone present to sper:t In 24 a comment that last year wo-- test meeting we 2s opposition to the petition? Seeing no op,wsition, 23 discussed stopping at 11:00 p.m. And given my•• the Page 222 Page 224 I we'll waiv%rebuttal, The public hearing is closed. I way 1 was speaking earlier -- and i --other remarks 2 hit. Reed,any final staff remarks? 2 since 1 think maybe that-- 3 MR.REED. No. 3 MR. RISHEL: That prows the point. 4 MR F.NOLLBRECHT: Commissioners,any 4 MR. ENOELBRECHT: -.we've proven that s comments? Questions of starrP Or a motion? s tonight. Any discussion on the station? All in favor 6 MR.Risnrl.: Motion. 6 raise your right hand. Motion carries unanimously. 7 MR,WOE[.9RWIT: Mr.Rishcl. 7 MR, REED May 1 ask Ccmmissloner R MR.RISHIPL: YCa. I'd like to trove to a R15hel to repeat the four uses that he omitted 9 recommend approval or Z-99.030 with the following 9 slowly. 10 conditions. Lighting on the property shall be 10 MR. RISHEL: If you looked at the top I I designed and maintained as to not shine on or I I of use permitted uses,it talks about dormitories, 12 otherwise disturb surrounding residences' properties 12 boarding, tooming house. And I added and student I) or to shine and project upward to prevent diffusion I) housing. 14 Into the night sky. 14 MR. REEm okay. i Is To the floor,to••excuse me. That 1s MR. ENOELBRL•CRT; Basically,It's the 16 the floor-to-arcs ratio be no greater than.23 to I t6 primary•• it's just the primary residential uses 17 allowing for a•• a maximum of 2,300-• excuse me, 0 listed up there and then student housing. Is 23,196 square foot of building area and no loading 11 MR REED, Thank you, t9 dc:k or dumpsicr area shall be •-that all loading t9 MR.ENOELBRECHT: RM 14 on the 20 dais and dumpstcr areas shall be screened from view 20 agend t. Thank you ail gentlemen. Sur ry to waste all / f,- 21 fruit. 1.35 E by solid opaque screening via fences, it that time for a one minute-•hold a public hearing 22 walls,and vegetation, teaching a height or at least 22 and consider making a recommendadon to the City 23 6 foot or above the ground, 2) Council concerning the rezoning of 6.03 acres located 24 And that all metal buildinr exteriors 24 cast of Ruddcll approximately 70 fat south of 15 Shall be •• excuse site. Or that all metal exterior 25 Lattimore Street from one firrilly dwellin 5P•1 to a MFFELS & ASSOCIATES DENTON,T13XAS (9401565.9797 Page 221 • Page 224 13 . , t c j CondenscItr" PLANNING& ZONING, S-26-99 Page 225 Page 227 L planned devclopnent The proposal Is to develop 44 1 afrordability at a minimum density increase. 2 single family residential lots At this time,141 2 We did a quick analysis of this site 3 open the public hearing and ask Mr.Reichl art to 3 and determined that we were gettina approximately 15 4 provide us with the staff report, 4 more lots on the site than if it was zoned SP-7. The S MIL araCHIMT: thank you. This is the s trip analysis. This is defined as a low intensity 6 vicinity map. Ruddell Strect borders the property, 6 area,which allows 60 trips per sere,at a single 7 on the west Lattimore and May on the north, May on 7 family rate of 9.5 trips per day timoa 44 homes. s the South. We have the city of Iknton service center S Ibat's about approximately a 15 pe reent increase over 9 right here. Ilerc'a Mingo Road and the railroad 9 the low intensive area. And given a quick-- doing 10 tracks to orient everybody what wt are. The 10 quick math. if it's IS over what on SP-7 would I 1 Applicant is requesting a eo On this property, And 11 develop,we'd be about 33 percent aver if this was 12 ,ve are golrtg forward Into it detailed plan for this. 12 developed as sP4. 13 The•-the request for a PO Is-in 13 Another•- it would be a varlanee built 14 order to develop a relatively long and narrow lot,we 14 into this development plan regarding landsesping, e,5 have Ruddcll over here on the cast again, The Lim is With the tree credits that the Apphicaltt would be 16 are less&M the required 5F•1 t,oeo square root is rerciN Ing,the majority of trees on the perimeter of 17 lots. The mitdmum lot dye proposed Is approximately 17 this site would be saved during constriction. 1 18 4,236 square fact The Intent is to develop lots is believe eight additional 3-Inch trees %,uld be t 19 that would be••and hou-gn that would be eligible to 19 required to mat the landscape code,Ito Applicant is 20 the• for the City or Denton flomebuyaa Asdstance 20 proposing Instead of those eight 3-inch trots to 21 Program. Thla program••to qualiry,the house his 21 plant B9 2-inch trues,two 2-Inch trees pet lot as 22 to be under$77,500.00 in cost. The Applicant must 22 opposed to the three —or the eight requirod 3-inch 23 be able to be qualified for a mortgage and mat 23 tices. 24 family income requirements Minimum n lulrements-• 14 There had been-- 53 property owners 25 or maximum requirements,quite honestly. And if 2s wYre notified of this request within the 200400t Page 226 Page 229 I approved,the Applicant is w0sted either with down i boundary, 144 courtesy notices were sent out. As of 1 payment and/or closing costs. And then they go 2 de writing,we had three responses,one in favor. 3 forward with the monthly payments and then as any 3 And that's the current property owner and two 4 homcowmr would. 4 c,:,sosed, Tonight we have an additional two s Additional controls that the Po would s Applicants that are opposed. And 1 can circulate 6 offer are that there are three— at a minimum, three a dlese, 7 distinct louse designs with a total or eight 7 MR P.N0131,9R8CNT: So we have a total of 9 elevations that would be utilized throughout this I In both categories now? 9 project to insure that no two Identical house styles 9 MR.RHICHBART: Pout opposed,one for. 1 10 would be built on adjacent lots. A minimum or 25 to i had analyzed the two original In opposition. We'it it percent of the lots wi11 have an additional 2 to I1 looking at a portion of that lot right there and this ii Sdoot front setback and that no four adjacent lots a lot here, Looking at the addresses of the 13 will have Qk same actbeck. And this is the 13 Applicants,we're over in this vicinity, 1 don't 14 staggering,which will create it little variety on the 14 think we Include any of the larger lots that wvuld I3 street so you're not looking down at,you know,a 13 throw those over a 20 percent But wn will analyze t6 row •- a der ined row of houses. Is that before Lids goes ••if this goes forward to City 17 To--Just to orient myself here. If I 11 Council, I'll point out, The Applicant has built to recall • I socm to have misplaced-• the --the is similar houses on Joshua Street in the City r t9 project is somewhat consistent with the 1998 Denton 19 approximately ten years ago, These aro the:same t 20 development plan analysis. And there were a couple 20 styles that are being proposed tow. I believe these ( � 21 areas that were-• and you do have the matrix In your ii are in your backup and we can pass around the color 22 report. And,again,finds that the project is 22 photos if you want They do have brick exteriors, 23 consistent with the 198 Denton plan. To summahn 23 typically,Otte car garages. 1 believe they are d1 24 the rcqucat. 1 believe •-staff bo Lem that the 24 three bedroom, And the Applicant can speak on that a 2s major assets to this proposal is the commitment to as little bit more. You have the backup of the house STOHPLrLS & ASSOCIATES DNN'I'ON,TEXAS (940)565-9797 Page 225- Page 229 14 , t I Condenseltm PLANNING& ZONING,5-26-99 Page 229 Page 231 1 styles and floor plans. 1 narrowness of this site. That if you put the minimum 2 Sum it up In that as the proposal 2 lot depth, the minium lot width,you're really only 3 provides for residential development in the low 3 going to get the majority of houses on um ii do of 4 intensity area with a commitment to owner occupied 4 this street and you're going to have a lot of very s affordable housing with site plan controls with a s narrow lots that wouldn't meet our depth. And that 6 minimum increase in density,staff recommends 6 they would rred vuriances to do that And kt's 7 approval of Z-99-031, 7 assume that this is the length of road that's going a MR ENOELDRECHT; Commissioners. Yes. s to be going in for any development on this property. 9 Mr.Moreno. 9 To maximi2o the road frontage and keep the cost down, to MR. MORENO: Yes,dr. Larry. In your to In order to be able to afford the affordable houses, I I backup,you speak to a stub street that wi11 provide i 1 these lots work. And this Is the tame lot width that 12 for future access to the north. Do you have any idea 13 was on Joshua Stmt, I believe, Tint will be i3 what's going to happen to the north of this property 13 approximately, I believe, t;minimum 10 foot between 14 at this point? 14 each house, IS M0. REactinART: No,we don't 1 should Is Us.APPLE: Thank you. t6 point out. We did have a neighborhood moctiut;on 16 MR. ENOELDRECHT: Other questions? 17 this. And it number of conctme came up. And I'll 17 MR. WGUEL: What Is the length of is try to brief those--make,them real quickly. One 1s the--the primary road that runs down from Ruddell t9 was drainage on the site. And the Applicant is going 19 Stmt onto the cul-de-sac? What is that length? 20 through the DRC process for platting right now. And 20 MR. REICHIIART; I believe it's over 21 there will be drainage improvement The majority of 21 1,000 foot - 1,049. 22 the site is drtining towards Ruddelt Stmt There 22 MR, RISHEL; And what do we normally 23 it will be collected and go further to the north 23 look at In our guidelines because we've had this 24 under ground. And hopefully anything coming down 24 issue come up before on sotr.thing in•-off of Hobson 25 Ruddcll Stroct will be picked up on this side of the 2s that we had on extremely broad street,which kind of Page 230 Page 232 i street anyways to alleviate some of the existing I compensated for the fact that it was,a long one-way 2 drainage problems. 2 Situation. 3 if Applicants•• or the neighbors were 3 MR.REICIINART: The•• that's the 4 concerted with the smal I lots and the number of lots, 4 reason for the stub road,also,because the length of s The length of the stmt, they%tre hoping that •• if s this cul-de-s me would haw required a t trlanoo 6 there were anyway that it could be taken cut further 6 without the stub. So the first time the came 7 to the ensi. But the way that existing stub roads 7 through DRe the request by staff was to provide for s are in this area,It • you'd be going through I an additional stub to the north in order to make this 9 Single-Family houses right now or you would haw 9 not require variance, But the road width itself is a to to --the City would have to go after and condemn to typical residential road width. The maximum length i 1 some propcnv to do that. 'there is a stub road a Is 1,000 or 1,049. 12 approxima4:y right here which future development 12 MR.KLAIIEL: And so the road width Is u would probably have on intersection of this proposed 13 what? 14 stub,that stub and infill In between, So,1 mean, :4 MR.REICHIIART: 31 curb to curb. 1s we're looking forward to future growth In that is MR.RISHEL: 31 foot So we have one 16 aspect. 6 ear garages? 17 MR. LNOI:L9RECIIT: Yea. Ms. App-, t i MR.REICINART: Ye. to MS.APPLE: Larry, I would guess ',.i to MR WHEL: And three bedrooms and a r 19 one of the reasons for them wanting tl smaller lot 19 possibility of people parking in the garage or A so sires would probably be to- in kcr ping with the 20 converting the garage to anodic'room and parking on l 21 guidelines for the cost of the here e, that they would 21 the driveway and then puking on both aides of the n need to decrease the cost of the lot. Is that•- 23 street 13 MR.REICIifWT: That Is --that is 23 MR,REICIUMT: That's tlwayt e 24 one definite reason for the number of lots. The 24 possibility,yes. 2s other is the physical shape of the --this site,the 23 MR.ENOELBRECHT: is there a•-A&torn 870I•')'ELS & ASSOCIATES DENTON, TEXAS(940) 565-9797 Page 229 • Page 232 15. t f CoadeascIt"` PLANNING&ZONING, 5-26-5'- , I drain on this street? Page 233 2 S0,] think Page 2» 2 MR.REICHHARr: Ruddell now?I MR. ENGELBRECHT: No. Not on Ruddelf. y RLSHEL: It's SO in this case, 4 Ott this proposed street? MR.REMIfART: Thank you. I Was S MR REICHFIARi; t don't believe so. I 4 looking at lot depth. I'm sorry. 6 think it's all gravity to two Proposed S MIL tNOELBRECIiT; And it may be single P Pond in the 6 car garage but requiring that we have at least two 7 engineer's •-or the Applicant's engineer is here. 7 off-street parking spots so that-- s And he can address that But I believe they're 9 proposing two drains at the end of the street So s MR ROCWWT: We have to because it's 10 it's going to gravity surface drain 9 a minimum front of 50. 1 i b,X.ENGELBRECIIT; it's colkctin all IO MR-ENOELBRECHT. But we have two•- 12 of the water off of all those lots? B I1 MR.REICHHART: So we have two in the 13 MR.REICIIt{ARi: The majority of it-• 1 I driveway. 14 and they're cutting in side yard swells to et side ENOELBRECHT: We have two in depth ' IS everything to drain to the front I mean,that's the 16 intent is e by tide? MR MICHHART: Correct 16 M&AISIML! Of 17 MR ENGELDR.ECHT: Yea,4 I mean,so 17 and the houses would help a little bit,Stoo,if you 18 ultimately all of that water's going to dump into the IS could push the house further toward the back of the 19 street? 20 MR.REICHIWtT: Correct. 19 lot. 21 MR RFICHI R TC C And ro 20 MIR ENOELBRECIrr: Well,yeah. 1 22 CLARK: y question is 21 recognize•- its already set back far enough that I 23 service me and then actually down Pecan Creek, 25 b side. Put two in depth but you can't put two side 24 MR ENGELBRECHT: Yeah I WSS just 24 25 concerned about what it•-haw deep it's going to be 73 RLSHEL; That s the problem •- MR. ENOELBRECHT: And the depth. I on that stmt We're not going to have anotheP�234 Page 236 2 Oriole here, are we? I MR.RLSHEL: —trying to get the ca•s 2 MR.CLARK: No. Remember, he told you 2 off the road and still be able to pass. { 4 he was going to pipe it once it gm to Ruddell. 4 works Doti ItNa LLBRECHT: The depth ••that 5 MR.ENOELBRECIIT: Yeah He'll pipe it B ppcars from the neighborhoods I've 6 once it gets to Ruddcll. But it's not going to build S observed,as having the width %,hero you can ••they 7 up on this strw-t and come up to curb height? 7 can Park side by aide, s bIR. CLARK: Ile has to meet our street MR RFICHHART: I misspoke when I said 10 9 slopes. YOU have to kccp a lane open in the middle. 9 And I believe setback is 20 fect. So you�have one I t We'll have to analyze that 10 car•• one in the garage,one in the driveway or two i I I MR. ENGELBAf;CFIT: Okay. Na',v, I I tai:. 12 Mr. Rishel brought up a question that I have concern I2 U about. And that is!saw •• we have a couple other 13 to do is try to create another pad, A double wi Jim is 14 areas in town where we've done this. And IN one 14 driveway,even though you Might hsaVe'just i 5 problem 1 sec is we wind up with just tremendous 15 garage. If there's some way to facilitate shay I onetar 16 amount of on-stroct parking. Have we given 16 think that we'd hike to find a way to make that a 17 consideration to requiring that a double parking Is pad •-do we have-• and these are only 1- foo 1s Put of that Yeah r 19 footages7 MR. ENGELBREC2fT: My utter question. 4 20 19 In terms of•- this is a PD. And it's not clear to MR.AEICNHARi: t believe the minimum 21 is•• 20 me which of these conditions would go with the PD. 22 MR, ENGELBRECHT: 50, 21 MR RFICHHART: All of the Conditions, 25 MA.RF.1CItF[ART; ••60, 12 They are cited on the site plan, also. 24 MR ENGELBRECHT: 60, Eatcuse Me. 24 MiL ENOELBRECHT; Okay. 15 MR.DONALDSON: toss than that. It's 2S MR REICtI}IART: All of the conditions. i MR EN0ELBREC1JT: Right S A UrtELS & ASSOCIATES DENTON, IMUS (940}565-4797 Page 233 - Page 236 16. t Condcoseltn't PLANNING&ZONING,5-26-99 Page 237 Page 239 1 MR.REICIIHART: 'nd,additionally,we I each aide. SF-7 requires 100 reel But If we kept A 2 met regarding a front fence along Ruddell. And it's 1 the width the same and the minimum square footage the 3 on the plan right now that brick columns,solid wood i game,we fgnae you could probably get about 30 4 along Ruddell. And the Applicant met wit:i the 4 houses. 5 neighbors directly across the street I don't know s MR.REICHHART: Yea. 6 the outcorne of that And at one point the neighbors 6 MR ENGELBREt7rr. Two more queSCORS. 7 were thinking 1'd rather not see that fence. I'd 7 And I'll••one question or comment and t'R hush 8 rather have it more open. I don't want that visual 8 up. Ibis Is-•this is at the Intent of the 9 lock which would make it even seem more enclosed. 9 devTlopers of the lots that will be developed So if 10 I'd rather see into the side yards. io they're eligible for Denton Homebu?rxs Assistance I I So I believe that's still In i t program. Do we have any way to follow up on that to 12 contention. But right now it's on the site plan. 12 find out it in fad•- 13 But that would also be included. There Is a fence 13 MR REICHHART: we do have a letter 14 being built around the perimeter, also. It's on the 14 from the Applicant, I thought it wag in the backup. 15 site plan, A solid woos' fence. So that is-- is MIL Etr•GEl9AECHT: well,no. My point 16 MR.ENOEL13RE JIT: krry,what are the 16 is•-is that follow-up.flee the fact? I mean,may 17 plans for any improvertxmts to Ruddcll through there 11 be the inarot. B%,t this all gets approved and none 18 at Paisley and Mingo? I don't-- 18 tf that's ever••I mean,affordable housing goals 19 MR,CLAPX: Okay. Right now it's being 19 1 c never met or anything. How do we follow 20 looked at for-- for eventually having connections 20 throtmgh? Do we have any way to•- 1t all the way up to 380 where it might become a bigger 21 MIL DOHA MON: Our community 22 road. W w looking at that right now. And, in 21 development department monitor all of the 23 other words •- 23 participants in the affordable housing programs. 24 MR. ENGELBRECFIT: Crossing it straight 24 MR ENGELaREm: so we could go back 25 over Instead of making the little jog? n at some point In time and•- Page 238 Page 240 1 MR. CLARK: 11h-huh. Which would make 1 MR DONALDSON: Do an audit and we 2 it more effective. And long-Lrm it's going to have 2 where they arc, i some improvements because it's one of the few roads 3 MR ENGELBRECHT: Okay. Just ■ 4 that actually connects up across town a little bit. 4 comment Any time we ltave increases or decrease like 3 So it has potential to be a real good collector s we had here With approximately IS lots,I'd 6 street for us. 6 appreciate it if we had a percentage term tike we did 7 MR.I'NOELBRECHT: So we're looking at 7 with that housing case earlier where they said there 8 going in dtcre and making that••some major 8 was a 3 percent docrcase in apartment units of 9 improvenwnts? 9 whatever. That way I got sore sense of relative. 10 MR.CLARK: It's probably not a••you HI MR REICHHART: As opposed to just I1 know, a 0 to 3 year. It's probably 3 to 15 year. 1 I doing it against the•- 11 But 1 think it'll happen. 12 MR,ENGELBRECFIT: Well,in this case we 11 MR.ENGFLBRECHT. Okay. Thank you. 13 just say that there's approximately an inc=*Sof 14 Thank you. Commissioners, any other questions? 14 lots. But relative to what? You knoW,I don't 15 MR.MORI'No: Yes. Larry,tell me again IS know-- I didn't know what it was relative W, so 13 how many houses we lose if we keep this at SF-7. 16 what was the original number of SF-7 lots given the 17 MR.REICIIIIART: If we•- I think wT 17 Variances? IS calculated it would be about 15. 1a MR DONALDSON: We figured about 30, 19 MR.MORPNo: IS houses. 19 MR ENGELBRECHT: 30. Okay, 4, 20 MR.DONALDSON: And that would require 20 MR DONALDSON: And they're asking for 1 21 probably a variance to the minimum IM-• 1t 44. 22 MR.REICHIMT: Lot width--depth. 11 MR.REICHIIART: 44. So we••tl Was I S 23 MR.DONALDSON: Depth. The property is 21 in relation to that 3 understand. 14 narrow. And to allow for a center street of 50 feet 14 MR ENOELBRBCHT: Yeah. SO if you 2S of right-of-way,you can only get 8S feet of depth on 25 could just give us some percentage Increase,decruse STOFTELS & ASSOCIATES DEMON,TEXAS (940)565-9797 Page 237 -Page 240 ' I i c: I ' I i II I i � I I i Condenseltrss PLANNING& ZONINO, 5-26-99 Page 241 Page 243 k t they've got something to kind of run from 1 And this was kind of the best result that I felt lsle 2 MR.mcnHART: That would have been 2 we've ever had at a neighborhood meeting. At the 3 about a 33 percent assuming 45 subtract 15. 3 beginning of the meeting the folks were complaining 4 MR. ENOELBRECHT: Right And that 4 that this project would bring down their-•their s was ••you had mentioned the •-that at 44 lots there s property values. By the end of the meeting,they 6 was 420 trips and was 15 percent over capacity? 6 were concerned that this project might increase their 7 MR REICHHART: Right 7 tax values. s MR.ENOELBRECHT: And I thought you hat• 8 So it's •- I think what we're proposing 9 said something that if it had been SP-7,it would 9 here is a quality housing development I think 10 still be over capacity or maybe I misunderstood. to you've sae the pictures in your packets, Mr.Morgan I I MR.REICHIGRT: I was comparing the-- l i is here to answer any of these types of questions or 12 the SF-or the proposed PD to SF-7 vtty quickly. 12 if you have any questions about how the•-the 13 If we built --because this would have been— 13 finance assistance program works he will try to 14 MR ENOELBRECH7: if we build an 14 answer those. Basically,these are people who 15 SF-7,it would not be over? 15 qualify for loans. They have to qualify for the 16 MA REICWWT: No. It would not be 16 loans. It's just an assistance with the down 17 over capacity. 17 payment And that was probably one of the largest 18 MR. FinanRECFrn okay. Is concerns that we•-we had on the property, 19 MR, REICHHART: But this would be 19 The--going into the property. 20 over •- io 3asically,this is it--is a very long and very 21 MR, ENGELBRECHT. Right 21 narrow piece of property. And if you did typical 12 MR. WCHHART: -over what FS-7 would 22 SF-7 development on the property without lot depth 23 bars allowed 23 variances and that kind of stuff,you can singk load 24 MR. ENOLLBRECHT: Yeah. 1 thought •• 24 the project I'm estimating you'd get about IS or 19 25 MR. REICHHART: That's what I mean. 25 SF-7••true SF-7 Iota on this particul:o property Page 242 Page 244 1 MR ENGULBRECHT: -I heard you gay 2 with ova 1,000-foot long cul-de-sac and a stub. Mr. 2 that SF-7 would be over, And I didn't urtdexstand• 2 Morgan would have to put those spa Iota on the 3 MR REICHIMP No. 3 market for somewhere in the neighborhood of 4 MR ENGELBRECHT -how that could be 4 540,000.00, And this doesn't am to be a--a s MR REICHHAxT: No. s feasible or marketable property. Mrs.Apple asked 5 MR.ENcEtBRmff: okay, All right. a asked about,you know,are we doing this-•the lot 7 Any o0er questions? Mr.Moreno. 7 sirs for the cost? And that is one of the primary 8 MR MORENO: YCa. lorry,this is 6 reasons that we are going with the--the smaller lot 9 actually a 50 percent inctease over the SF-7,not a 9 gim, 10 33 percent decrease 10 We have designed the lots to provide 1 2 t MR REICIIHART. InCWC,right. 1 I for the••the homes that arc to be built there. We 12 MR MORENO; -•from the propoed-• a do have a minimum of 5-W setback on each title and 13 MR.RLICHHART Yes. 7bLik you. 13 a minimum of 10 foot would be betwocn the houses. On 14 6IA,ENGELBRECHT: Any other questions? 14 some or the houses,l think with the setbacks,con 15 Okay. lbank you Is Petitioner or Petitiona'a I s will have greater setbacks than that But each one { 16 representative present? Well,if you're on the 16 of the tots la adequate for the housing that we're 17 meter,this is great. If you're not,sorry. 17 proposing. 18 MA.FnWARDS; Chairman,mcm7xxa of the is ibe neighbors did talk about,well, r 19 Commission,my name Is Oreg Edwards, 1 office at 300 19 can't you--can't you knock out one lot? Can you 4 20 North Carroll Boulevard,Suite D here in Denton. 20 knock out just one row of lots and make the lots 21 We've beers wurking with Mr. Morgan for several 21 bigger? We're looking at the••at the cent of 11 yms. We've looked at several pieces of property to 22 the -•the road,the lots and putting that nn the 23 try to provide affordable housing in Dcntm. Thia It 13 market with the--the typical funding number 24 probably the best prospect that we've found to far, 24 thu •-that we use in cod estimating. Pasleahly, 25 We've bom through wvcW neighborhood meetings. 25 we would have to put these Iota on the market for STOMLS& ASSOCIATES DEWON,TEXAS (940)565-9797 Page 241 -Page 244 iB. ' _ T t t, Condenselt' PLANNING&ZONING,5-26-99 Page 245 Page 247 1 somewhere around 18 to$20,000.00. You knock out t my experience with bin+-vould take that and use those - 2 two,that adds$1,000,00 worth of cost to each one of 2 dollars to improve the--the product of the home. 3 the other lots and it adds about two to three foot of 3 But we are going to take care of all of the required 4 frontage on each one of the other lots. 4 City of Denton subdivision regulations and try to 5 The types of people that we're trying s design this in such a way that they are safe and they 6 to market on these are I think more interested in 6 function properly. 7 getting into a home that they can live and afford and 7 As far as landscaping,we did--with 8 ratter have another S1,000.00 worth of product than 6 the property,we worn fortunate again on this 9 two more fool of side yard. The-- in looking at the 9 property that most of the trees are on the perimeter 10 properties,basically,drainage was a concern. About 10 of the property. We're going to be able to save 1 i this portion of the property--right now this I I almost enough trees to mect our City of Denton 12 portion of the property drains back this way. When 12 landscape tree requirement -•tree credit 13 we get finished with development,the major portion 13 requirement. We do have a shortfalt of seven or 14 of that will drain in the street These areas are 14 eight tress. With this program,we're required to is considerably lower than--than what we would I5 plant two 2-inch trees to meet the FHA criteria on 16 probably have the street at So a few of the 16 the homes. That would be 68 trees at this location. 17 backyards will drain--continue to drain to the 17 And,basically,we'd like to trade 88 2-inch trues 1 g southeast off of the property. We're convinced that is for the seven or eight tree credits that we're short 19 when we get finished that the flow to the southeast 19 rather than having to spend an extra 5100.00 on some 20 is going to be less than it was before we developed. 20 of the lots to meet the tree credits. We feel like 21 We were informed by staff that there are a couple of 21 that's a reasonable request and will give us a little 22 houses up on Texas Street that have reported flooding 22 bit more opportunity to provide the best product on 23 problems. We've met at the site with--with utility 23 these lots at the-- at the best prices. 24 staff lo go over drainage concerns. We're estimating 24 1 don't know. Affordable housing is 23 that it's going to take somewhere in the neighborhood 25 something that has been on Mr.Morgan's mind for Page 246 Page 248 1 of SID,000.00 to 550,000.00 to pick up the drainage, I q+ilk sometime. It's-- in some whys,these things 2 can it down Ruddell Street,turn it onto Texas and 2 ate more challenging than-- than doing the-- some 3 handle ••handle it passed those homes and make sure 3 of the quarter of a million dollar tot subdivisions 4 that that flooding is-- is taken care of and that it 4 that wove dome;and in some ways it's much mote 5 meets the 100-year standards that the current City 5 rewarding to work on something like this. I think 6 regulations have. 6 the City of Denton is probably one of the largest 7 As far as Mockingbird cc•- 7 employers of people that will qualify for these homes I MR ENCELBRECHr: oriole and-- s and need these homes and need to have this--this 9 MR EoWAADS: -oriole. We're looking 9 option, Optional housing. I'm a small company. I'm 10 preliminary numbers that we have submitted to the lo probably one of the smallest employers of people that I l City but basically with six acres and 3 runoff I I would qualify for this. But over 50 percent of my 12 coefficient,we're going to have somcwhae In the 12 employees would qualify for these and would I think 13 neighborhood of 16 CF's down at the intersection 11 bike to have the option to-- to take advantage of 14 within the curbs on a ten-year storm,the street will 14 home ownership sometime in the future. So we would 15 handle about 22 Co& so we should meet the City 15 appreciate your support. And if you have any 16 standards of— by bringing the now down to this 16 questions of me or Mr.Morgan,we will try to answer 17 location,picking it up in Inteta at this laation. 17 those. 1a The utilities appear to be adequate on the adjacent Is MR.E uaitl:m: Okay. Commissioners, 19 properties. I think the primary reason for the 19 questions? Mr.Rishel. I thought you were leaning 4 20 smaller..the smaller lots is for the--for the 20 forward? j t 21 affordable housing. We want to try to take advantage 21 MIL RISHEL: Yeah. You or Mr. 22 of everything that we can to save dollars so that Mr. 22 Morgan --I don't know which. If It was required of 23 Morgan can put more in the homes and still get that 23 you to supply two off-street parking spots, would 14 target value of 77,5. So anything that you might 24 that be anything-- and I'm generating a figure. 2$ want to recommend reducing,Mr.Morgan,I'm sure from 23 There might be somewhere between 700 and S1,000.00 STOFFELS alt ASSOCIATES DENTON,TEXAS (940)565-9797 Page 245 - Page 248 19. • c t i I CondensefP" PLANNINO& ZONING, 5-26-99 Page 249 Page 251 1 worth of additional cr-ts that HgM not have been f physically be able to park on one side. And you post 2 anticipated. Would that be somerthing that made or 2 the stre you 1n ow,parking on this side only or no 3 broke the subdivision? I think Jim's concern and my 3 parking on this side,whichever way,you know,it's 4 concern is that we by to Trove more of the cars off 4 posted 5 of the street. We've seen subdivisions with long 5 MA Cuxx: You Just put an ordinance 6 skinny situations like this that once the driveway 6 up front--when you approve the subdivision they 7 gets filled up and they convert the garage to another 7 past an ordinance and say no parking on one side. s room in the hot-x that we've got multiple cars a MR RIst1EL: That's moving it be right i 9 parking on the street and we'd like to we if we 9 dir,ction. 10 could eliminate that. 10 MR MoRGm.. Members of the planning I I MR REICHHART: If 1 may just interrupt 1I and Zoning Comnussion,my name Is Marvin Morgan,and t2 real quickly. Jerry offered an option that might 12 I office at 1325 tae 2181. To answer your question. 13 work in this case that is consistent with what's 13 I believe you have to consider that this is 14 being proposed and with the comprehensive plan. And 14 affordable housing. And as far as the cars go,the I S that would be to go to a 22 to or 23-foot wide road 13 subdivision I put in on Joshua I've never bad a 16 similar to what was done on Fort Worth. That 16 problem with parking as being an issue,as far as 17 includes an B-foot parking lane on one side only. 17 people having to park in the rtmet. I it And that still provides through traffic for emergency Ig MIL RUSHEE: How wide is that road? U9 vehicles,two-way traffic to get in and out The 19 Ma MoRoAN. The 31 fat or the -0 right-of-way could be reduced to approximately 40 20 standard City stroct. ]here bas box some houses 2I feet What this would do would reduce the impervious 2 t that have converted their ganger Into room& And 22 surface,which is going to help any drainage 22 it's--from what I've soar,this has been probably 23 problems. Any time you reduce the paved area that'll 23 10 or 12 years that nobody has had a problem with the 24 help the drainage problems. 24 parking,as far as,you know,oft-site or on-rite, 25 Real quickly. We were thinking that if i5 MR RIsHEL; would the parking on one Page 250 Page 252 I Yx could limit parking on one side of the street I aide of the street be-- 2 only, it's going to look better than having,you 2 MA moRnA.N: 1 think that w,uld 3 know,the alternative of putting pads in front of the 3 probably hurt more than anything else. You know,who 4 house and having cars parked in front of all these 4 gets to park on which side or the street,you know, s houses. It will reduce the infrastructure cost to 5 MR.CLARK; You Just choose one side. 6 the Applicant,which will then make these houses even 6 MR moizcmm But then the people on the 7 more affordable potentially. And,again,that type 7 other side of the sUvet wouldn't have a place to s of••being able to reduce some of these residential s park. 9 streets in width is something we're looking at in the 9 Ma.APPLE; I'd hate to be the people 1 l0 comprehensive plan. And then,again,just limiting t0 living on the side that everybody's parking on I I parking on one side of the street only will --now 1 I MR.Moiiamc I don't think ­well, I 12 you won't have that clutter of cars on both sides 12 say I don't think I don't think people are going to 13 and, you know, and still have the same travel width 13 have that many cars that as going to be buying these 14 1 tncan,that's an option that we just though; about 14 houses. And like I say,the only thing r can say Is MR.RISIIEL: what is the width of tha IS Is,you know,the subdivision I put In before,t5cy 16 road now? 16 laven't bad a problem. 17 MR.REICHIIART: 33, 17 MR mraEtbRE n trier questions for 1s MR.DwAmsom 31 back to back. la Mr.Morgan? Thank you. 19 MR.RPICHILART: 31, I'm sorry, 19 MR.MOROAY; Thank you. A �, 20 MR.RISIIEL: what would the width of 20 MR.ENGELBRECHT: Any other questions it your road le? 22 for Mr. Edwards? Tmre'anot. 22 MR REICHIIART: 22 to 23. So it's 22 MR EDWARDS: I Just wanted to comment 23 about a 10 or 1 t-foot reduction in road width,which 23 on Jerry's suggestion. I think--I think that's a 24 is going to limit-- instead of having parking on 24 great--a great Ida to take s look at, We• we 25 both sides,now you're only going to have-• I mean, 115 really didn't take a look it that in the planning STOFI US & ASSOCIATES DENTON,TEXAS (940) 565-9797 Page 249 •Page 2s2 20. C G Condenselt'm PLANNINO do ZONING,5-26-99 Page 253 Page 255 1 session. Basically,we have a-• a known product 1 MR.ENOELBRWIT: Okay. a 2 that has been successful. 11 looks like a 2 MR.CLARK: Larry had an idea. If you 3 traditional subdivision. It sets like a traditional 3 went to have it so it's on both aides,you can 4 subdivision. And-- and that's what we want to try 4 meander it to where you have parking on one side for s to provide traditional housing for,families that s a while and move that back and forth. It's very 6 can't afford mansions. And I think from that 6 possible to design it so it's not all just on one 7 standpoint,we'd-- at this point,we'd kind of like 7 side. a to stick with what we've got But we would certainly I MR.RrsHEL: 2 think we were leaving 9 take a look at that and--and,you know,if--1 9 the road width exactly like it was,just proposing I o think that could be cost--you know,that would 10 that we park on one side. I I definitely be a cost savings to us. But we're I I MR.ENOELBRwir: Yeah. Isn't what you 12 concerned that,you know,we know this other thing 12 were saying? Tire road-- 13 works and we're not real sure the other one will. I) MR.REIcHHART: The road width would 14 And we'd like to study that a little bit more 14 decrease,too. 15 before •-we might want to.-1 don't know. 1$ Ms.APPLE: No. It went from 31 to 23. 16 MR,ENOELBRECHT: Let me Interject this 16 MR.CLARK: You don't gain anything on 17 as a question,if I might,maybe to staff while 17 that is you're here. Would your proposal change the road I a MIL ENOELBRECHT: How can you decrease 19 width? 19 the road width,get parking and still get 24 fed out 20 MS,APPLE: Yes. 20 of 30--tve only had 31 back to back,right? 2l MR.CLARK: Yd. 21 Ms.APPLE: 31 and 8 for the parking 22 MR.ENOELBRECHT: Okay. It's-- 22 left it 23. 23 MR.CLARK: This is as an option to you 23 MR CLARK. On a residential street 24 changing this SF-7 and making lots that don't 24 where you only have one lane that's In the middle 25 conform. If you leave it as it is you don't need to 25 that's officially the drive lane. You have two Page 254 Page 256 1 consider it But if you're going to change it to 1 8-f-)ot parking land on a 31-foot street 2 SF-7 and the lots don't fit anymore that's where it's 2 MR,ENOELBRECHT: Okay. You were 3 as an alternative. If you like it as it is don't 3 considering both sides of parking? 4 consider that. But if you want to change it to SF-7, 4 MR.(LARK Right Naturally,oa s 5 this is an alternative to that because when you make S residential street you have two 8-foot parking 6 it SF-7 you don't have any lots or anything to 6 laces. And all you officially have Is one lane in 7 conform anymore on th;s narrow piece of property. 7 the middle for can W work thew way through. Now, S MS.APPLE: They won't be affordable I on the subdivisions where you don't have much 9 anymore, 9 parking, you have more room. But that's also where 10 MR. ENOELBRECHT: well,but 1 was 10 you have speeding problems. I i thinking a parking •- I thought this parking was I I MR,RISHEL: I think we were trying to 12 proposed for this? I2 start off with the process of leaving exactly what 13 MR. RISHEL: I don't think we're I3 they've draws. Still.. 14 considering that. 14 MR.CLARK: Then they don't need to 15 NIA. RE Irl[HARTi You can still propose Is look at it 16 it with this project. And another thing this would 16 MR.RtSHEL: Tirre we go. And just 17 do is increase the minimum lot by 250 square foot, 17 parking on one side of the street still. Is five feet on either aide by 50•fcct wide, So the 18 MR.F.NOELBRECHT: Well,the truth is 19 minimum lot size would be increased by reducing the t9 you can come back in later on and eliminate parking a 20 right-of-way width and allowing parking on one side. 20 on one side of the street l!% 21 MR. ENOELBRECHT: well,the 21 MR.CLARK You bet you r:ui. 22 right-of-way got reduced but the parking ••you have 22 MR ENOELBRECHT: And that would do 23 to have the space for the parking. n it I mean,traffic safety could do that at some 24 MR. CLARK: On one side. MVS where 24 islet point in time if they had a problem. 23 you-• 25 MR.CLARK: The difference there is STOPFELS &ASSOCIATES DENTON.TEXAS (940)565-9797 Page 253- Page 256 21. V Condenselt°i1 PLANNING&ZOMNO, 5-26-99 Page 251 Pegs 259 1 you're going to have a two-lane traffic road though 1 MIL CLARK: —sorts of things. That's a 2 You're going to have it darn close to where you'd 2 one of the things it talks about If you just take 3 have two lanes of traffic going at the same time and 3 parking off of one side on the standard street, 4 you could increase speed on a Img straight road 4 you've taken it from a one lane in the middle road to 5 MR REICRRART: The idea is to allow 5 where you have enough room for cars to go side by 6 patk+ng on both sides aad uovi&one lane of traffic 6 side 7 ,mly. Is your traffic coming slowing it down? 7 MR. ENGELBRECHT; I'd like to hear what B MR ENGELBRECHT: okay. So you're a you were saying. 9 happy with it the way it is? 9 MR CLARK: so they increase the 10 MR.REICHHART: Yes. 10 speed. One of the issues Is if you narrow the street 11 MR ENGELBRECHT: All right Mr. I I then all you need is one lane. People are supposed 12 Rishel. 12 to wait for each other. You can still have parking I 3 MR.RLSHEU I'm just wondering if our 13 either on one side all the way or rotate it back and 14 stenographer's picking up every--all the comments 14 forth. Have the one lane down the middle. You've 15 from the-- 1 don't know if there's any problem. is reduced the pavement width,which reduces our 16 THE REPORTER: (Nods.) 26 Infrastructure cost. On affordable housing,that's a L7 MR BUCEK: That's true. One thing we 17 big issue. It also reduces the Impact of adding-- I is need to be clwr.about. We're getting ready to come Is if you add the pad,you add extra concrete,which is '...., 19 out to you with the comprehensive plan. We're going 19 another thing that imp"drainage and it alsu � 20 to have all those public hearings and get the input 20 impacts having cars sitting In front of tae houses. 21 And I'm kind of concerned••the concept we're 21 So you're adding-- 22 talking about, if that's not what the community input 22 MR BUCEK: krry-- 23 we get is and we start down that road,we could hurt 23 MR CLARK! ••impervious service. 24 ourselves. 1 think what they're just trying to say 24 MR BUCEx: —the problem that we're 25 is that if you're looking at the Issue of trying to 25 talking about is-• and this is what 1 don't want to Page 258 Page 260 1 kxp the cost down,that is a way to keep the cost I lose sight of. They're concerned that if someone has 2 down,that's a way to control the traffic. But we 2 two or three cut,where do they park them? See, 3 don't really know ..it's an innovative change, And 3 That's the issue that this doesn't speak to. 4 I'm somewhat cautious about relying on the 4 MR CLARK But p Z of that though Is 5 preliminary comprehensive plan. We need to wait till 5 availability. if you have room out In the street to 6 we adopt the-- a park all those,they're going to use it. But if you 7 MR.CLARK: hell, Mike. But you have 7 only have room on one side to do that,that limits e the option to try out new stmt sections. And you s how many you can put out them legally. So you're 9 can &that I mean,every time you approve a 9 addressing it by taking away the availability of the 10 variance,you change those. And 1 agrx it's taking 10 parking. I I a risk, But a city can try out sections to we if I I MR Bua7 a Mat we're saying is if 12 they work. I mean, I think that's always possible. 12 people have three cut-- if these are thvee-bedroom is You're not stuck where you do this and thus only. 13 houses -• we've been fighting the battle today they 14 And I think all you're doing is 14 have three cat. 15 MR.BUCEK: But krry•- IS MR.CLARK: I don't know that that's a 16 MR.CLARK: -is you're eliminating a 16 proven thing. You can$611 fit•- you're also 17 parking lane on one side. 17 lengthening the lots by 5 feet on each aide,which is MR.BUCEK: You're raising a traffic is gives them a better opportunity to set the car in 19 speed issue. And their issue is they're trying to 19 their own driveway. 20 find a way to control getting as many cars Into the 20 ' MR SUCEK: I'm just talking law l j 21 lot. 21 enforcement. And the issue Is when you jx.t no 22 MR CLARK: it's not a traffic speed 22 puking signs up someone has to then come ovt and 23 issue. It eddh.sscs all.. 23 enforce that if there's illegal puking. And 1 24 MR.Buctic: I thought that's what you 14 didn't think we were going there. All I'm just 2s just said. 2s saying to you Is this is very innovative and STObFM &ASSOCIATES DENTON,TEXAS (940)565-9797 Page 257• Page 260 22. I i l 1 u Cond.:oselt' PLANNING&ZONiNO,5-26-99 Page 2611 Page 263 1 there's •- at the retreat the other night there was a I sidewalk and you just have more green area that maybe 2 question about the comprehensive plan. We're looking 2 you put three on either-•each aide. 3 at that as an item and we want to get public input. 3 And what it basically does. You take 4 And I was worried about trying to set a precedent 4 away one parking space because it may be 9-16ot wide 3 today before we have that public input. 5 by 10-foot long. You put a tree out there. You 6 MR.cLARK. 1 know. But what I'm 6 plant it. The guy iltat lives in front of it 7 trying to avoid is you get these short squatty lots 7 maintains it You eliminated three parking spaces e that •-on this SF•7 and you don't have the real item a but now you've broken up the possibility of having 9 there anymore. If you talk about changing it to SP-7 9 just all Cut. t0 and these lots aren't the proper depth They're real 10 MR.CLARK: That's another great way to I I short and squatty things,you know, it doesn't t t do it. 12 function like a normal subdivision tither. So you've 12 MS.APPLE: rm just thinking. Unless 13 created a complete hybrid that way,too. 13 you're a person in the house that has the extra 14 MR.BLICEK: I'm just saying-- and 1 l4 parking in front and you've only got one car and i I5 understand how this is an abnormal situation that 15 you've go the guy down the street who's got three 16 might call for abnormal •• 16 cart parked in front of your house and you're not the 17 MR.ENOELBRECHT: And •• 17 one with the extra can, I wouldn't-- 16 MR.BLICEK: —flew innovative •• Is MR.R cmklRT: Something like this 19 MR.LNGELBRECHT: —it's a planned 19 they 1 justexplained You'd still have parking 20 development,which allows -- 20 on both sides. You would have six less spaces than 21 MR,REICHHART: Gives us the option-• 21 you normally would. And that's the only difference. 22 MR.ENGELBRECHT: —which allows us-- 22 And you've broken up that parking. 23 AIR.REICHHART: -•to vary it. 23 AIR.ENOELBRECHT: I would just as soon 24 MR.ENOELBRECHT: Let me ask you this. 24 give them the option and kt them do 23 is there any reason we couldn't pass this with an 25 MS.APPLE: Yeah Page 262 Page 264 1 option in them 1 MR.EDWARM3 I appreciate the option. 2 MR.REICHHART: Oh,no. 1 believe you 2 And I think we'll take a look at this. I'm not sure 3 could do that to •- 3 which way are going to go. If you could--if you 4 MR.ENGELBRECHT: •-to allow the 4 could make that as an option to us. I think if we I developer to go either way? And if you want to study s can save enough on the paving. And •• and 1 think we 6 it and that appears to be better,Pine. And if you 6 like the idea of alternating the sides. Probably if 7 don't,you don't have to. And,that way,we haven't 7 we could •- could save enough money on the street t limited you If you find out that your 0 paving,we could probably justify adding a pad. 9 infrastructure cost would be down,great. But since 9 So-- 10 it's a PD,whatever we say is going to go. 10 MR.LNOLLBRECHT: Actually,this I I MR.RHCHIIART: w'cll,I understood•- I I I wouldn't-• this wouldn't require the pad. We 12 thought one of your other concerns was just the 12 wouldn't— that wouldn't be asked for. It was just 13 visual look of all -• of a lot of cars parked on the a the matter that you have the on-stmt parking and 14 street. I mean,another option is to just bump out 14 just narrow it down. Yeah. 1 don't a-the pad is in a couple areas to narrow the stroct here and then is wasn't pm of that, as it was proposed by you guys. 16 maybe down here again. Cars would park in this area 16 No, No. They're trying to get you away from that 17 between that little bump out. And then -- 17 actually. 1s MR.R35HEL: Right. is MR.REICHHART: This rendering — r 19 MR.REICHttmv —over here you just is MR.CLARK: More concrete and more•• 6 r- 20 do a little bump out where you can put tome gran and 70 - MR.REICHHART: This rendering 21 a tree. It's g foot wide. So you've defined 21. identifies the •-what I just explained. If you sec. 22 sections of parking area along this street And all 22 There's a tree basically in the parking lane. And 23 you've done is breaken up the visual appeumoe of 23 now the cars are parked either way, And what it 24 that long narrow street. And now you have 24 does,it just breaks up and more humanizes the stmt 25 vegetation,a little bump out You still have the 25 a link more. STOFFELS & ASSOCIATES DENTON,TEXAS (940) 565-9797 Pegs 261 • Page 264 23. t i Coadenselt`"` PLANNINO&ZONING, 5.26-99 Page 265 Page 267 I MR.LNOELBREl2IT: Yeah. Okay. Let's I in their do0ai signs but keeping all the parking 2 see. That eliminated Petitioner. Wiped him out Is 2 area that you can get on that cul-de-sac street 3 there anyone present who would like to speak In favor 3 because you will reed it 4 of this pcfition? Anyone present who would like to 4 1 foci like that this will enhance that 5 speak in favor of petition? Yes,sir. If you would, 5 area in there some. And I'm for it 100 percent And a please give us your name and address. 6 the drainage and stuff like that,yes, that is 7 MR.DAMS: My name is Sam Davis, and 1 7 something that you do need to look at because Ruddell 8 live at 1126 May Street And I have approximately 8 Street,when it rains,it floods. Texas Street 9 throe acres that will be joining the south side of 9 floods. And right now it is running down towards 10 the proposed zoning a•,a here. One of the questions to Mingo and there is a culvert that goes back under 11 that I was wanting answered tonight since i missed 11 that area in there. But the drainage will be bad in 1. tier 20th neighborhood meeting was the security fence 13 there. And-- and if we come in there and put some 13 around it Ard Mr. Morgan, i believe,said that 1) new drrinage in there,you know,well then I think 14 there would be a fence completely around it minus 14 you'll be all right on it. 15 what would be facing Ruddcll Street So that I) MR matikvcw: Thank you. 16 answered my question on that 16 MR.DAVIS: But yotr parking•- 1 think 17 Ycs. We are very concerned about this 17 you're going to have problems over that parking. I 18 neighborhood. We don't live in--or S150,000.00 1s really do. And 2s long as the security fence comes 19 homes. i've got three acres. And my taxes is 19 up,I'm for it And hopefully my high dollar taxes 20 nothing to laugh at,gentlemen and ladies. I would 20 won't go up. And thy was a laughing and snickering 21 like to see this property be developed into something 21 on his comment a while ago on that And i really 22 more than what we're looking at. But I am not 22 don't appreciate that because my taxes-- if you'd 23 against this because I would like to sec that area to 23 like to pay them. I'll laugh at you. 24 be developed in any way as long as it doesn't come 24 MR.ENOPLBRECHT. Let me see if anyone 25 bcla v anything what is bc'ig put before us tonight on 25 has any questions for you,Mr. Davis. Thank you. Page 266 Page 268 1 this. I do know that we do necd affordable housing, I Questions, Commissioners? Thank you,sir. 2 That area c,ef there--hopefully this will bring us 2 Appreciate it. 3 some recognition info that neighborhood over there 3 Is there anyone else present who would 4 that we should have gotten a long time ago over 4 like to speak in favor of this petition? Anyone else 5 there. 5 present to speak in favor of the petition. In that 6 I've livid at--at this address for 23 6 case,is there anyone yresent who would like to speak 7 years. I've raised five children there. I know the 7 in opposition to the petition? I did have two e neighborh od. 1 know the parking real well. And I'm t cards. Ms.Theda Boydston. If you would,give us 9 afraid that they're really being misinformed on their 9 your name and address for the record,please. 10 parking. If you would like to we what a narrow road 10 &IS,BOYDSTON: Okay. My nark is Theda i i parking is,conk over on Mcy Stmt,which is the old n Boydston. I live At 1 101 PinoO. And I didn't see 12 pan of May Street that runs off of Ruddell Street. 12 this map. I just got a different one. But I 13 From 8:00 to 5:00,looks great When everybody gets t3 understand if I'm looking ar � sight that this 14 off and their friends come over and their families a cul-de-sac is here at Ue en i of Autumn Oak. Is that 13 conic over,they have panics or Christmases,th.d a the way I'm looking at it? i was worried about 16 smaller parking area--th o, one parking area w.11 16 traffic e,nd drainage. But I umJcrstmd that this is 17 mean all the difference in the world. 17 not goi ig to be open here. but I still worry about is And when you're looking at a dr,-inage, because we h.ve a problem from Autumn r 19 cul-de-sac,which that's kind of what I live on, qvn I'inoak down Oak True. And I'm just � A 20 because 1 live right at the dead end of Stay Street 'hi if wha' this Is going to do when they ( / 21 there. And k know what traffic is. And this -- 2I t, i1:1 riglu lore. We have no drainage whalarcvcx 27 having it controlled by picking the phone up saying 21 L11 you get to Mulkey. There is no street driL v 23 that we've got a parking problem,that Is a joke. 1 23 at all. 24 have fought it for 20 something years on that street 24 MR.RISHEL: It all drains to Ruddcll, 25 over there, And you might want to look at keeping it 25 Is that— STOFFELS &ASSOCIATES DEN TON,TEXAS(940)565-9797 Page 265-Page 268 24, t Condeoselt' PLANNING&ZONING, 5-26-99 Page 269 Page 271 1 MR ENGELBRECHT: Well,we'll have the i Mulkey. Yeah 2 staff address that Issue. And,yes,we've had some 2 MR.ENGELBRMIT: Okay.All right 3 folks in in the past that have talked about the s MR.CLARK Yes. 4 drainage problems over in your area; and that water 4 MR ENOELBRECHT: Thank you. s all drains down toward Mulkey from Ruddell. S Mk.CLARKr Like three yeas out or 6 MR.RISHEL-, We're Concerned,too. 6 some6ing like that 7 MS.BOYDSTON: Right. I had the put In 7 MR.ENGELBRECHT: Yes,ma'am. You 8 drainage myself for my own house,you know,to keep 8 might check on the capital improvements program 9 it off of there, So we don't need anymore coming 9 that's coming up. There is a drainage project You to that direction. to can talk to--well,actually,that's now In which 11 M0.t240ELBRECHT: i understand. And I l department? 12 we'll have staff talk to you about--address that 12 MR.CLARK: It's In utilities. Date 13 issue. There are some-- we have some new 13 moldy. 14 regulations in place with regard to drainage that we 14 MR.ENOELBRECHT: Okay. It's in 15 didn't have when your area was built 15 utilities. They could tell you --give you a number 16 MS.SOYDS ION: That's right Because 16 that you could call. You could track that project 17 the developers didn't do it-- 17 and find out where it's at in the Capita) Is MR.ENGELBRECHT- Several of didn't Is improvements Program And when they have the 19 have when they were built. 19 hearings here,you might want to corm down and make 20 MS.BOYDSTON: -and the City didn't 20 sure your program is--doesn't get bumped somewhere 21 do it. kight. Okay. ?hank you. it along the way. It's a drainage program over in your 22 MR. ENGELBRECHT: Thank you. Mr. 22 neighborhood to help that current water problem. And 23 Reichhart or Jerry,you want to talk about that-- 23 this water here will go down towards Ruddell. 24 you want to address that issue now since-- before%%v 24 Is there any else present who would 25 L on,if you would,with regard to what they'll have m like to speak in opposition? Is there anyone else Page 270 Page 272 1 to— t present who would like to speak in opposition? 1 2 MR ctARKr Okay. They moved the 2 do-- I want to state that we do have one more card 3 drainage owr utilities But in the Ctr now there Is 3 in opposition from a Mario Rodriquez And if there 4 a project to address their Autumn Oak,White Oak 4 is no other opposition,we'll give the Petitioner an s drainage •• s opportunity for rebuttal. 6 MR.ENGELBRECHTc Yeah. But What 6 MR.EAWARUS: on the drainage to the 7 about-- 7 southeast Basically,we're going to drain from the 8 MR CtAW -as long as it doesn't 8 cul-de-sac back to RuddcIl, We'll direct as much 9 get changed. The way--the contours naturally take 9 water into the cul-de-sac. Just with the elevations to 90 percent cf it down to Ruddell, And we can week to that we have,1 believe there's going to be some I I with them to get as close to 100 percent as we can to I1 areas of the back yards that are going to have to 12 go that way, And we'll try to make sure that the 12 drain In that direction, 13 small amount that does-•if it does have to come 13 Although we are probably less than 14 that way,is spread out and not concentrated because a three acres draining that way,it is our intent to 13 that's ohm it causes trouble They can keep it in I s insure that we decrease the amount of water runoff 16 grass and not in swells or something like that, 16 that goes in that direction. So 1 guess --and I 17 Most of it--almost all of it is going 17 think the layout with not having the connection to is to go down to RWdell by the contours, And there is I8 Autumn Oak addressed her traffic Concerns. So I 19 a project in the tree',if it isn't changed,that 19 think that was the only thing that we heard. And. 4 27 addresses Autumn Oak.White Oak and picks up 01 t)v,t 20 If-- I thought I covered that in our presentation. ` 21 water, 21 But if you have any questions, I'll be glad to try to 22 MR ENGELBRWhlo: Yeah. h'a&Wn on 22 answer those. 23 Mulkey,isn't it? Isn't that where it is? It's-- 23 MR.ENOELBRECHT: Commissioners,any 24 MR CLARK: R carries it dawn to 24 other questions for Mr.Edwards? 'hunk you. And in 23 Mulkey. But I think it goes down Au'umn Oak to 25 that case the public hearing is closed. Mr. STOFFEI S & ASSOCIATES rENTON,TEXAS (940)565-9797 Page 269 -Page 272 25. c• c. Condenselt' PLANNING alt ZOMNO,5-26-99 Page 273 Page 275 t Pcichhart,any final staff remarks? i required for your development It would be 2 MA REICHHART: Yes. At the 2 relatively small on this piece. Probably a couple 3 neighborhood meeting--1 just wanted to address--1 3 hundred dollars per unit 4 think there were one or two issues that came up that 4 MR REK:HHART: There is a long 5 haven't been addressed tonight One of the questions 5 calculation. It's 2.5 park acres times the number of 6 was what happens to the development fees and how in 6 single family lots times 2.8 persons per Sot divided , 7 they distributed? Every new development pays 7 by 1,000. That gives you the park acres and then s development fees. It's my understanding that the s that is calculated depending on your value of 9 tapping fees are to cover the cost of tapping the 9 property-- I o utilities. And then the--the other fees go into a to MR DONALDSON: value of the land. I I fund that address the water distribution and water 11 MR.REMHART: value of the land. 12 storage. It doesn't go into the•- the concern was 11 6lR Pima: That would be like doing 13 that if this developer Is paying for development fees 13 your taxes,it sounds lice. 14 in this area,does that mean someone,you know,five 14 MR.DONALDSON: It's hard. 15 miles away is going to gel a new water main. No. It I5 MR ENGELBRECHT: Other questions for 15 goes into a ..to help the entire community for I6 staff or comments or a motion? I have asked-- 1 17 sanitary sewer facilities or water distribution t7 have asked Mr.Donaldson to draft a condition that Is facilities. Is would allow for an alternative method of street 19 And the other question was how Is this 19 MR.RISHEL: He may not want it under a 20 development going to affect the appraisals on 20 motion. 21 the surrounding land? And what's it going to do to 21 MR.ENOELBRECHT: That's why 1 wanted 22 their taxes? And,basically,what we've found out 22 to put it out there before the motion if they want 23 and what we know is that when appraisals are done 23 to.. 24 they do it on comparablcs, So, I mean,this will be 24 MR.F15HEL: 25 almost like a little community and then there may be 25 MR.DONALDSON: For your Page 274 Page 276 I some residual effects,you know,close by. But, I consideration. That the Applicant be allowed to 2 typically, the houses••the existing houses now are 2 utilize alternative street standards subject to staff 3 going to be compared with the existing houses that 3 spprov al including but not limited to,No. I, a 4 are out there for comparable sales prices. We have 4 40-foot right-of-way with 22-foot street section with s no other further comments. 5 parking allowed on only one side of the stmt And, 6 MR,ENGELBRECHT: Yes. Questions? 6 two, a SO-foot right-of-way with 31-foot street 7 MR.RISHEL: You know,we refer to 7 section with parking allowed on both sides of the a those rocs. Is the park'%foe typical to this and s street and traffic combing devices used to reduce the 9 haw much is that per unit? 9 street section at intermittent spaces -long the 1 10 MR.REICHHART: 1'd have to look that 10 street 1 I up. But the park foci arc associated with this I I MR. ENGELBRECHT: That's pretty good 12 development, 12 for 12:30. 0 MR,DONALDSON: It's-- 13 MS.APPLE: Pretty good. 14 MR.RISHEL: $19800,Somcthing like 14 MR, ENGELBMECHT: I asked him that five 13 that. 15 minutes ago. 16 MR.DONALDSON: it's a function of the 16 MS.APPLE: Actually,I had written 17 land cost that applied to the fair share of this 17 down that the developer pursue available affordable is development at-• is options for extra parking. So we were on the tame r ` 19 MR RISHE.L: Impact per •• i9 page. 1'd just like to ssy that affordable hawing 20 MR.DONALDSON: Yeah. There's two 20 in Denton is something that's desperately exeded and / - 21 faefors to the park dedication: The land development 21 I applaud Mr.Morgan for coming up with this 22 or fee in lieu-•or the land or foe in lieu of the 22 projoct Although the lots are a smaller sine elan 23 land and the&-mlopment foe. The development fee is 23 we normally like to No, l realize that In keeping 24 $290.00 per unit The land fee is whatever your land 24 with the guidelines for the lousing cost it's a 23 value is times the calculated amount of park area 23 rtocessity. And lire Mr. Edwards sold I'm dire the STOtFELS &ASSOCIATES DENTON,TEXAQ OM 565-9797 Page 273-Page 276 26. c c- J Condenselt"r PLANNING do ZONING,5-26-99 Page 277 Page 279 1 folks would rather have the home than the extra lot 1 the yard to take care of and other thin s. And I 2 size. And with that in mind,I'd like to move to 2 think when we have a community like this that lends t 3 recommend approval of Z•99.031 to include the 3 itself to having a mix of people--young people and 4 parking-, additional comments that Mr. Donaldson 4 older people and retired people,that we have a real s just read. s good opportunity to have a very successful 6 MR.RISHEL: second. Do we need to 6 neighborhood. 7 read those comments for the--you picked up all that 7 MR. ENGELBRECHT: Any other comments? 8 all before? 8 All in favor of the motion raise your right hand. 9 THE REPORTER (Nods.) 9 %4tion carries unanimously. 10 MR, RISHEL: Okay. Great. 10 Okay. Item 15 on the age ads this 11 Efficiency. Doing better than we are. I1 evening. Cottle of you have waited very patiently. 12 MR. ENOELBRECHT: Been moved and 12 Hold a public hearing and consider making it 13 seconded to recommend approval with the original I3 recortmiendation to the City Council conceming the 14 conditions plus one as outlined by W. Donaldson. 14 request for a Specific Use Permit for a Fraternity is Any discussion on the motion? is house located c,%the southeast comer of West Oak and 16 MR.RISHEL: Yeah. 1'd like to discuss 16 Fry Streets at 1301 West Oak. The 0.73 acre site is 17 it. This would not be a subdivision or a plan that 1 17 zoned General Retail. At this time,I will open the I s would be voting for normally if it wasn't for the 1 a public hearing and ask Mr.Reichhart so provide us 19 fact that it's affordable housing, I don't know--1 19 with the staff report,please. 20 want to promote infill. I don't knew if all infill 20 MR,REICHHART: Thank you. This is a 21 is good. This is a tough pica to develop. And 1 21 specific use permit for the proposed Delta House, To 22 think that your efforts in working with the neighbors 22 the north of the property is West Oak. We have Fry 23 is corruttettdable. It's a little bit of an awkward 23 Street to the East. Hickory is farther to the 24 thing. 24 south Specific use permit follows a two-step review 23 _ One of the things that we discuss is 25 process. We're here tonight for the PAZ. And with a Page 278 Page 280 1 the length of the cul-de-sac and the lack of another t favorable approval,this will go on to City Council, 2 outlet to that which would normally make it 2 We did have a neighborhood moeting this week at which 3 something that would be unacceptable for me. But for 3 only four members or the r:to Lodge stowed up. 4 the sake of affordable housing,I'm going to vote for 4 Neighborhood••cover neighborhood s this. 1'd like to sec more people developing this s notification right now. 14 mums. Property owners 6 type of tiring. 1 like the efforts that you've done 6 wen notified within the 200-foot area and 76 7 in trying to stagger the setbacks of the houses to 7 courtesy noti ces w w sent on May 16. To date we 8 give it a little bit more variance; and then the 8 have gotten no msponscw Specific use permit f 9 restriction that you put in there yourselves in not 9 7luerc are seven conditions that must be met In order to having any two houses text to each other that would 10 to issue it specific use permit. Number one if you I I be like in facade. So 1 appreciated that. I I wish, we can go over a1I w%,e i of these for•'to 2 MR LNOELBRWIT. Any other comments? 12 expedite time, we have the backup in our report. 13 All right. I too,as well, appreciate the -•not 13 Whatever the Commission would like to do at this i4 only the fact that we have infill but we're trying to 14 time. If you want to ea ova -- 15 increase density with•• but doing it with sonic 13 NIA,PNaELDRITHT: CooldmWOMM anyone 16 additional design standards,which are what appear to 16 want to review those? We have reviewed those in the 17 maybe the incrca:ed density work better. And no 17 past••requim--merits for specific use permit. Okay. 18 doubt it's going to be at quality product that will do is Go ahead,Mr. Reichhart. r 19 well. And,therefore,this ought to work extremely 19 MA 1E:0"Mr: lbe staff analysis .A, 20 well for our city. 20 indicates that at all wven or the amditions have 1 f 21 MR.RUED Just one more comment, if 21 been met with the site plan that's been proposed. 22 you don't mind, i hear ••consistently we talk about 22 I'll put that up fairly quick for you Again,we 23 starter homes for people. But I we a lot of older 23 have Fry Stmt at the bottom of ilk page to orient 24 people in our community that would like to be In this N youM. 1f,Oak Street. Proposed thrm-story structure 23 type of community with the smaller lot and not have 23 with a 14 car Id,I believe,along Fry Stmt STOF'FF.LS do ASSOCIATES DENTON,TEXAS(940)565-9797 Page 277 •Page 280 27 . KM IOLMIIVM�![bLllf101'Q.OSr�MP�rNMl'N IQlL�III�M ATTACHMENT 3 a ORDINANCE NO. AN ORDNANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT TO ALLOW A FRATERNITY HOUSE ON A 0,75 ACRE TRACT LOCATED AT THE SOUTHWEST CORNER OF FRY STREET AND OAK STREET (LOT 1, BLOCK 22, OF THE COLLEGE ADDITION OF DENTON, TX), WITHIN A GENERAL RETAIL (GR) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY N THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-026) i WHEREAS,Robert A. Bone, on behalf of Delta Lodge,Inc., ownors, initiated a request for a Specific Use Permit to allow a fraternity house on a 0.75 acre tract located et the southwest comer of Fry Street and Oak Street (Lot 1, Block 22, of the College Addition of Denton, TX), within a General Retail(Gk)zoning district classification and use designation;and WHEREAS, on May 26, 1999, the Planning and Zoning Commission recommended approval ofthe requested Specific Use Permit;and WHEREAS,the City Council finds that the Specific Use Permit is in compliance with the Zoning Ordinance and Denton Development Plan; and WHEREAS, In accordance with Article hl, Division 4, of Chapter 35 of the Code of Ordinances of the City of Denton, Texas, the City, Council finds that all of the following conditions exist: L That the specific use will be compatible with and not injurious to the use and enjoyment of other property nor significantly diminish or Impair propel ty values within the inunediate vicinity; 2, That the establishment of the specific use will not impede the normal an I orderly development and improvement of surrounding vacant property, 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 4. That the design, location, and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor,fumes,dust,nolse,and vibration; 6. That directional lighting will be provided so as not to disturb or adversely affect At c neig:tboring properties;and 7. '['hat there is sufficient landscaping and screening to ensure harmony and compatibility with adjacent property; 28. L U vaaawuuewuovrvm�.tr..ra Mwe Vp Lw iNom 8 NOW,THEREFORE, THE COUNCIL OF THE CITY OF DEMON HEREBY ORDAINS: SECTION 1. That a specific use pein,it to allow a fraternity house on a 0.7$ acre but located at the southwest corner of Fry Street and Oak Street (Lot 1, Block 22, of the College Addition of Denton, TX), within a General Retail (OR) zoning district Ox--sifieation and use designation, as per the site plan and landscape plan attached hereto and incorporated herein as Exhibit A,is approved subject to the following conditions: 1. That approval Is suoJect to development sccordirog to the site plan and landscaping plan attached hereto as Exhibit A, 2. That lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb surrounding property or to shine and project upward to prevent the diffusion Into the night sky,and 3. That an eight (9) foot masonry wall shall extend as indicated on the site plan by stall. SECTION 11. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding 52,000.00. Each day that a provision of this ordinance Is violated shall constitute a separate and distinct offense. ' SECTION III, 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(I0)days of the date of its passage. PASSED AND APPROVED this the day of . 1999. JACK MILLER,MAYOR ATTEST: JENNIFER WALT ZRS,CITY SECRETARY BY: 29A PAGE 2. c� ONgL,1QpU�pyN«�Ds.,C.i4.�,WY EY WO MA. w APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY BY: AOL 4� le 4�r 2915 PAGE s t' U EyANR rye^' � A Q EOII I HR i IT1 r f IS NIP 1* 4� 1 1 Tr � � A e Q TOM!fKi h1'1 �� � T h� � OAK STReeT 0 L9 No M D&SION 1 30, EXHIBIT.& No I • � f aloe I" I IN I RRT...sTKVITLM ` Vall 00000 y ell to 1 o. I j Q •o � 0 r =Q 0 m � r i it. TO Fl"IASA,011 F� r TO u y 011T. T!49 TO t'B'AI a OAK sl'R E'T mil!/ � �� ��► Y_�. 1 , No of Y1i DESIGN f �� GROUP 31 . uSi 27i 90 THU 1x,211 FAX 430 4S0 7396 ATTACHMENT 4 NOTI 36 �, - E OF PUBLIC HEARING I N%. y 1-99-026 anI Zoning Commission of the City of Denton will hold a public hears odv a 20 1 o consider making a reoommendation to ncl egarding a request fora c eimtt (SUP) for a Fraternity house located on th of W. Oak Street end Fry Street commonly known as 1305 W.Oak Street The 0.75 acre si is zoned Gee3fal Retail (OR). The public hearing will start At 6:30 p.m. in the City Council Chambers of City Hall located at 215 E. Mcldnney.Street Denton, Texas. Because you own pmperty wlthln two hundred (200) feat of ft subject pmpe*, the Planning and Zoning Commission would like to hear how you feel about ws ZonOV change request and lnvN#s you to attend the public hearng. Please, in order for your opinion to be taken Into account return this form with your comments pror to the date of the public hearing. (This in no way prohibits you from adending and participating In the pvtliic hearkV.) You may tax It to the number located at the bottom,mat it to the address below,or drop It off in-p6mn: __—.Plaaning andOwelopfft6m 9epsrtrnerlt — ""���' 221 N. Elm ST Denton,Texas 76201 Attu: Larry RelOhart, Development Review Manager The zoning process include,. two public hearings dEsWiod to provide opportunities for citizen involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are noted of the zoning request by way of this notice. The final public hearing Is hold before the Planning and Zoning Commission. The Commission is Informed of the percent of responses n support and irl opposltlan. Second,the zoning petition is forv�datll tb the G`ity,Coundk for final n' ptovlding the Commisson recorm>ends approval. Should sson recommenxd dn19l,the pener may then appeal the request 611 e City ncil. H ers of more than twenty (20)percent of the Wilda rea within two hundred (200)foot of the sire sutx7ttt wrtKon opposition than six out of sewn votes of the City Council are required to approve the zoning change. These forms or& ward to calculate the percentage of landowner opposition, P loalm Of Cie oily, ' In favor of nest Neutral to request 0 osed to reque A 10 C mmenis: spa ✓f6 _ ,Z Y-4C;91 piv a, A1sionalure: ' 5�r _,M Printed Nam.,: GE Lc- R,&V-MA MAi ing Address: n220,4, %&eQ ler;0-/L � city, SWO Zip. ,W" Telephone Number, Physical Add e4a f P party withir1200 foot � CITYWDENTON, TEXA$ CMHALLWEST - DENTON,TUA5 76201 - 040,349.6950 (R11N0.310.7707 IRWIN z.wa wo rmrK..aee 32 , Al c Ap* AGENDA INFORMATION SHEET i AGE NDA DATE: June 15'h, 1999 DEPARTMENT: Planning Deportment/Inspections Division f ACNE Dove Hill,349.7233 'I SUBJECT Consider and take action on directing the Building Official to issue a"Stop Work Order"to the Denton Affordable Housing Corporation to stop repair and construction on houses located on Mockingbird known as the Toledo Court project. BACKGMM { In October 1998, five houses were relocated from 911 Ave U to the 300 Block of Mockingbird Lane. A Notice and Order to repair or demolish was sent to the Denton Affordable Ilousing Corporation on February 10, 1999. The order required that permits for the repair of the structures be obtained within sixty days or that a demolition permit be obtained within sixty days. Additionally, a standard condition was imposed requiring all work to be completed within fony•five days of permit issuance. Because of delays associated with platting the prgerty, obtaining contractors and the weather, building rmits were not issued until April 8 , 1999. T he forty-five day deadline expired on May 23' . During the June 8'h, 1999 City Council meeting, Mayor Pro Tern Beasley suggested that a mooing be held with selected individuals from both the surrounding neighborhood and Denton Affordable dousing Corporation. The purpose of the meeting, scheduled to be held on June 14'h, 1999, was to discuss possible changes to the Toledo Court project. \ As of%1'cdne5day,June 9'h, 1999 one dwelling is now ready for placement on the foundation, and footings are scheduled to be poured on a second structure on June 10'h. The general contractor has refocused the work from riundations to Interior demolition pending the outcome of the neighborhood meeting. PRIQR A(Y[ON/REVIEM Fchruary 18, 1999-Notice and Order to repair or demolish sent. April 5, 1999-Building permits issued for all structures +, May 25, 1999—Funding recommendation for the Denton Affordable Ilousing Corporation June 8, 1999—Consideration of issuance of"Stop Work Order" l' June 10, 1999— DAI IC/Singing Oaks Neighborhood Meeting 1 c i • i FISCAL INFORMATION i The Toledo Court project will require no public improvements that are the responsibility of the city. ESTIMATED PROJECT SCHCDULE I 1. Based upon similar cases,if stop wrrk orders were to be issued and demolition procedures implemented,demolition would not be expected to occur until December. 2. If an extension of time for substantial completion were to be granted all structures should be substantially complete by September 1. 1999. RECOMMENDATION Allow restoration to continue according to attached schedule,pending the outcome of the June 14". 1999 neighborhood meeting. OPTIONS L Initiate stop work order and demolition procedures. 2, Extend date for substantial completion. 3. Postpone consideration of"Stop Work Order"pending additional neighborhood meetings. ATTACHMENT 1. Mayor Pro Tem Beasley Meeting Proposal 2. Construction schedule for restoration of structure Respectfully srbm' W: 1 Dave Hill Assistant City Manager of Development Services Prep gr edy Greg itchell Building Official 2 u Attachment 1 { V TOLEDO COURT PROJECT PROPOSAL TO CITY COUNCIL FROM ROM BEASLEY rour members ortho Murto Affordable Housing Corporatist Board and four moubers of the Singing Oaks nci6lrbodrood haveagreed to meet to disc3ss the Toledo Cv..rrt project. City Mpnager Alike lox has agreed to act as moderator. Berore the City Council takes further action, I propose that we IM 11ris group nwct and see if a Mutually agreeable resolution can be reached. This meeting should take place as quickly as possible The Meares and phone nmubets of the participauls are Included hero and I would ask city slarf to cachet all partiapaids to find a M n tually agrocablo lime and place for such a meeting I lxlieve an harest discussion bdwwi the neighborhood and DAHC is long overdue. We as a Council are concerned for both groups, DAHC has dole much good In providing affordable housing to nun conununity and the neiglrborfrood has sons very legitimate concerns. A meeting to discuss tho issues involved should be benefcial for our whole eonununity. i Mown AlTerd.Wo Housing hlenrbors Singing Oaks Neighborhood Alembcn Clary Hudson Pei my Abbot 382.5421 (w) 382.6186 Jorge Clrbina Carol Lcwis 381.0402 (11) 565-9494 (11) 817.7Q2.2489(w) Roy Audcrsun Jinn Fagan w 566-0512(w) 243.1100(h) Jane Provo Mason Ihiggard 481.7048 (•+) 387.•1769 eh) i / r , , 3 A 1 � rr ` o f t+ n Attachment 2 I Toledo Court Project Construction Schedule f June 7, 1999—Footings to begin on all structures fI Unit 1 -• June 28, 1999 Stem mall forms set Jude 14, 1999 exterior renovation initiated July 11, 1999 exterior renovation 33%complete August I, 1999 exterior renovation 90% complete Unit 2 • July 1, 1999 Stem wall forms set June 20, 1999 exterior renovation initiated July 12, 1999 exterior renovation 35%compicte • August 9, 1999 exterior renovation 90%complete Unit 3 • July 19, 1999 Stem wall forme set July 1, 1999 exterior renovation Initiated July 25, 1999 exterior renovation 35%complete August 1, 1999 exterior renovation 90°/a complete Unit 4 . July 19, 1999 Stem wall forms set July 19, 1999 exterior renovation initiated August 16, 1999 exterior renovation 35%complete August 30. 1999 exterior renovation 90%complete Unit 6 • July 19, 1999 Stem wall forms set July 26, 1999 exterior renovation initiated August 22, 1999 extenor renovation 3$%complete September 1, 1999 exterior 90% 1 4 r t I I Agenda No Upends AGENDA INFORMATION SHEET t I AGENDA DATE: June IS, 1999 DEPARTMENT: Planning and Develcpment CM/DCMlACM: David Hill,349-7233 SVBJE Consider approval of an ordinance of the City of Denton,Texas amending section15.36 of the code of of dinances of the City of Denton,Texas clarifying provisions related to the enforcement of fair housing complaints;providing a severability clause and declaring an effective date. BACKGROUND The current ordinance requires the fair housing administrator to investigate end determine whether he/she will take action to resolve the Complaint or take no action. The proposed amendment provides that the administrator may also choose to forward the complaint to the U. Department of Housing do Urban Development(HUD)for their review and action. HUD can handle more complicated complaints or those involving out of city or state management companies more effectively. Staff rtconunends tpproval of the ordinance, ESTIMATED SCHE=DULE OF PROJF� Complaints can be referred to HUD after approval of the amendment. No complaints are I currently pending. M \ PRIOR ACTIONIREVIEW(Council.Boards.Commissional N/A fBCAL INFORMATION �' i N/A r i Page I INNIONSWIN t cc ti i BID INFORMATION N/A ATTACHMENTS I Copy of Ordinance Amending Section 15.36, pages 3 and 4. Copy of Chapter 15, Pair Hvising, Code of Ordinances of the City of Denton,pages 5 — 13. Respectfully submitted: V D ill Director of Planning and Development Prepared by, li�lleC<✓ z2 Barbara Ross Community Development Administrator Page 2 C ru,Ilwuy Oidir d An WMM I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 15.36 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS CLARIFYING j PROVISIONS RELATING TO THE ENFORCEMENT OF FAIR HOUSING COMPLAINTS; PROVIDING A SEVERABILITY CLAUSE,AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Section 1536 of the Code of Ordinances, City of Denton, Texas, is hereby amended to read as follows; all provisions of this division not specifically changed herein shall remain intact and in full force and effect: Sec. 15.36, Enforcement; complaints. (a) Any person who claims to have been injured by a discriminatory housing practice or who believes that he will be irrevocably injured by a discriminatory housing practice that b about to occur, hereinafter referred to as the "person aggrieved," may file a complaint with the administrator. Complaints shall be In writing and shall contain such Information and be in such form as the admWsuator requires. Upon receipt of such coLnplalnt, the administrator shall furnish a copy of the complaint to the person who allegedly committed or is about to commit the alleged discriminatory housing practice. A copy of all written complaints received by the administrator shall be forwarded to the Fair Housing and Equal Opportunity Division of the Region V1 office of the Department of Housing and Urban Development, Within thirty (30) days after receiving a complaint, the administrator shall investigate the complaint and give notice In writing to the person aggrieved, proposing one or the following actions: (1) the administrator will initiate action to resolve the complaint,or (2) the administrator will not Initiate action to resolve the complaint,or (3) the administrator will forward the complaint to the U.S. Department of Housing do Urban Development, Fair Housing and Equal Opportunity Division, for further action, if any, If the administrator Initiates action to resolve the complaint, he or she shalt proceed to try to eliminate or correct the alleged discriminatory housing practice by informal methods of conference, conciliation and persuasion. Nothing said or done in the course of such Informa endeavors may be made public or used as evidence In subs-q�cnt proceedings In r the municipal court without the written consent of th; peaons concerned. A, ,. (b) No change. Page 3 , (c) If, upon electing to initiate action on the complaint, the administrator has been f unable to secure voluntary compliance with the provisions of this article within sixty (tiro) days ifter the complaint was filed, yet reasonably believes that a discriminatory housing practice has occurred, the administrator may refer such alleged violation to the city attorney for prosecution. (d) (No change] (e) (No change) (0 (No change] SECTION n,That if any action,subsection,paragraph, sentence,ciaur:,phrase or word In this ordinance,or application there5f to any person or circumstances ij 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 enacted such remaining portions despite any such invalidity, SECTION III: That this ordnance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the�day of 1999• JACK MILLER,MAYOR ATTEST: JENNIFER WALT ERS,CITY SECRETARY k BY: APPROVED AS TO LEGAL FORM: HERBERT L.PROM, CITY AT7 ORNEY ✓' Page 4 c t' S w Chapter lb 11OUSING4 Art, 1, In General, 14 16.1-18.73 Art, 11. Fair housing, Of 15.29-18.38 ARTICLE 1.IN GENERAL Secs. 15.1-18.28, Reserved. ARTICLE 11.FAIR HOUSINO Sec, 13.26. Short title, This article may be cited es the Denton Fair Housing Ordinance, (Code 1966, 1 9§9.11 Sec, 18.97, Declaration of policy. ,—� It is the policy of the city to provide, within cor;titutional limitations, for fait housing throughout the city by ensuring the opportunity for every person to obtain housing without regard'to race, color, sex, handicap, familial statue,rellgion or national origin. (Cade 1006, 1 94x•9; Ord. No, 90.063, 1 1, 8.6.90) Sec. 15.28. Definitlons, The following words, terms and phrases, when used ih thli sAleie;shall have the mean. Inge ascribed to them In this section, except where the context clearly indieates a different mesning. Administrator means the ladMdual serving as the fair houeieg administrator and In, eludes the assistants, agei.ts or employees designated by the administrator, $Charter reference—Bullding permits, use and occupancy certificates, 110-10. Cross references—Cable television,Ch, 8; fire prevention generally,Ch. 11;smoke do- teeters in dwelling units, 1 11.81 et seq.; gross and weed removed, 120.71 et seq.; grass and weeds creating nuisances, 120.71 et seq,; solid waste generally, Ch. 24;house numbering, * 25.9 et eeq,; construction and repair of sidewsiks, curbs and gutters, 195.81 et 6eg4 utiiities generally,Ch. 96;buildings and building regulations generally,Ch,28;buildingcode,198-28 et seq.; electrical code, 1 2881 et seq,; plumbing code, # 28.141 et seq.i mechanical code, 1 28.281 et seq.,,swimming pool code,1 28296 et seq,;moving buildings,f 28.326 et seq.;fence construction,# 28.316 et seq.;minlmum housing and building standards,*98.383 A seq.; Me r preventiun code, Ch, 29; flood prevention end protection,Ch. 30; landscaping, screening and �'� c tree preservation, Ch,31; mobile homed, mobile home parka and recreational vehicles,Ch. 32; 1' r\ subdivision and land development, Ch. 34; zoning, Ch, 35, 1035 Page 3 a 1 ¢ 18.28 DENTON CODE r^ Discriminatory housingpractice means an act that Is unlawful under section 15.32 of this article. Dwelling means any building, structure or portion thereof which is occupied as or do- algned or intend ad ror occupancy as a residence by one(1)or more familits and any vacant land which Is offered for vda or lease for the construction or location thereon of any such buildln1, structure or portion thereof. Familial status means one (1) or more individuals, who have not attained the age of eighteen (181 years,being domiciled with; (1) A parent or another person having legal custody of such individual or individuals;or (2) The designee of such parent or other person having such custody, with the written permission or such parent or other person, The protection$afforded against diecrimination on the basis of famt11a1 status shall apply to II any person who Is pregnant or is in the process of securing:eP.d custody of any individual who has not attained the age of eighteen (I8) years. Family includes a single Ihdlvidual. Handicap means, with respect to it person: (1) A physical or mental Impairment which substantially limits one(1)or more of such person's major life activities, (2) A record of having such an impairment; or (31 Being regarded as having such an Impairment, Handicap does not Incih,de current, illegal use of or addiction to a controlled s+rbstance as defined In section 102 of the Controlled Substances Act(21 U.S.C. E02), Person includes one(1)or more Individuals,corporations,partnerships,uwciations,labor organizations, legal representatives, mutual companies,Joint-stock companies, trusts, unin- corporsted organizr.tions, trustees, trustees in bankruptcy, recelvers, Adudadoo, and any other organization or entity of whatever character. To rent includes to lease,to sublease,to let and otherwise to grant fora consideration the right to occupy premises not owned by the occupant, (Code 1988, 1 9ys•3; Ord, No, 60.083, ! 1),6.5.90) See, 18.29, Administration. t, A` \ c (a) The authority and responsibility for adnilnister:ng this article shall be the individual appointed as the fair housing edminietrator by the city manager. 1038 Page 6 r t �— HOUSING ! lb•97 ' (b) The administrator may delegav any of his functions,duties and powers w employees or the city under his direction,including functions, duties and powers with rasped to Ines• tigating,t.'ncillating,hearing,determining,ordering,certifying,reporting or otherwise acting as to any work, business or matter under this article, (Code 1986, 6 943.8) Sec. 16.20. Cooperation with federal 6d state agencles. The administrator and city attorney are authorized to cooperate with federal and state agencies charged with tho admIdstration of fair housing laws. (Code 1966, 4 84s•12) Eec, 13.31. Education and public Information. In order to further the intent and objectives of this article,the administrator may conduct educational and public Information programs. (Code 1966, 1 94x•13) See. 16.32, Discriminatory housing practices, Except as exempted by section 15.35 of this article,It shall be unlawful for any person to: (1) Refuse to sell or rent, after the makingota bona tide offer,or to refuse to negotiate for the sale or rental or or otherwise make unavailable or deny a dwelling to any ' person because of race,color, religion, sex, familial status or national origin. (2) Discriminate against any person In the terms,conditionsor privileges ohaleorrental of a dwelling or In the provision of services or facilities In connection therewith because of race, color, religion, sex,familial status or national origin. (3� Make,print or publish or cause to be made,printed oryubllshed any notice,atat±ment nr ndverlinrment with rmprrt to Ihn snln nr rnninl of n dwrlling that Indirntes Any preference, Ilmiintion or discrtminatlon based on race,color, religion, sex, handicap, familial status or national origin or an intention to make any such preference, tfm- Italion or disc rin.lmotion. (A) Represent to any person because of race,color,religion,sex,handicap, ramllial status or national origin that any dwelling is Lot available for inspection, sale or rental when such dwelling is in fact to available. (6) For profit, Induce or attempt to Induce any person to sell or rent any dweUfng by A ' representations regarding the entry or prospective entry Into the neighborhood of a r //;•; c person or persona of a particular race,color,religion,sex,handicap, familial status or national origin, 1037 Page 7 f r k. 1 15.32 DENTON CODE (8) Discriminate against handicapped persons In the following manner; a. To discriminate In the sale or rental or to otherwise make unavailable or deny a dwelling to any buyer or renter because of a handicap of: 1. The buyer or renter; 2. A person residing In or Intending to reside in that dwelling after it is so sold, ranted or made avallabtp; or S. Any person associated with the buyer or renter; b. Discrir anste against any person in the terms, conditions or privileges of sale or rental of a dwelling or In the provision orservicee or facilities In connection with such dwelling because of a handicap or. 1. The person; 2. A person residing In or Inten sing to reside In that dwelling after It is so sold, rented or made available; or 3. Any person associated with the person. a For purposes of this subsection,dlacrimination IncIvdes; 1. A refusal to permit, at the expense of the handicapped person, reasonable modiications of existing premises occupied or to be occupied by such person If such modifications may be necessary to afford such person full enjoyment or the premises,except that,in the case of a rental,the landlord may,where It Is reasonable to do so,condition perrrdeslon for a modiflestlon on tf.e renter agreeing to restore the Interior of the premises to the condition that existed before the modification, reasonable wear and tear excepted;, { 2. A refusal to make reasonable accommodations in rules; potfcfes, practices or services,when such accommodations maybe necessary to afford such person , equal opportunity to use and erjoy a dwelling; or 3. In connection with the design and construction of covered multifamily dwell• I ngs for first occupancy after the date that is thirty 1301 months after the date of enactment of the Fair Housing Amendments Act of 1083(enacted Sept. 13, 1988), a failure to design and construct Ihoee dwellings in such a manner + that: I, The public use and common use portions of such dwellings are readily accessible to and usable by handicapped persons; ' it. All the doors designed to allow passage into and within all premises within such dwellings are sufficiently wide to allow passage by hand[- enppnd pnrenn In whonlrhnlrm;and lit. All promises within much dwellings eanlnln the following fentaree of adaptive deign. , A. An accessible route Into and through the dwelling; S. Light switches, electrical outlets, thermostats and other environ- mental controls in accessible locations; 1038 Page 8 f I t HOUSING 1 15.34 j C. Reinforcements in bathroom wails to allow I•der installation of grab bars; and D. Usable kitchens and bathrooms such that an individual in a wheel• chars can maneuver about the space. d. Compliance with the appropriate requirements of the American National Stan- dard for buildings and le,clllmmt providing eltedas ANSI A117.1,suffices to to satisfy the telly handicapped People, requirements of subsection WC-3,111, of this section. e. As used in this.ubsectlon, the tern,"covered multifamlly dwellings" means: 1, Buildings consisting of four(4)or more unite if such buildings have one(1)or more elevators;and 2. Ground floor units in other buildings consisting of four(4) or more units. r. Nothing In this subsection requires that a dwelling be rnade available to an individual whose tenancy would constitute a direct threat to the health or safety of other individuals or whose tenancy would result in substantial physics!damage to the properly of others. (Code 1966, 1 94e•4;Ord, No-110.083, 1111,8.6.00) Sec 1533, Discrimination in ftnsusclag of housing, (a) It .halt be unlawful for any person or other rntity whose business includes engaging In residential real•estate-related transactions to discriminate against any person in malting available such a transaction or In the terms or conditions crouch a transaction because of race, rnlnr, rrliaion, erx, hnndirnp, famillal atntus or national origin. (b) As used In this section,the term "residential real•estate•rciated transaction" means any of the fallowing: (1) The making or purchasing of loans or providing other financial assistance, A. For purchasing,constructing,improving,tepalring or maintslning a dwelling;or b, Secured by residential real estate. 12) The selling,brokering or appraising of residential real proper!)', (c) Nothing in th;s article prohibits a person engaged in the buslndas of furnishing ap- praisals of real properly to take Into consideration factors other than race, color, religion, notional origin, sex, handicap or famillal status. (Code 1966, 19'!.•5; Ord. No. 90.083, 1 N, 8.5.901 Sec, 15.34. Discrimination in provision of brokerage services, f, it shall be unlawful to deny any person access to or membership or participation In any —� multiple-listing service, real estate brokers' organiistion or other services, crl.utitation or Cl cility relating to the business of selhng or renting dwellings or to dlscrlminale against him 1039 page 9 f C h I 116-34 DENTON CODE 1 I l In the terms or conditions of ouch access, membership or partidpatlon because of race,color, j religion, sex, handicap, familial status or national origin. (Code 1966, 1 91is 6; Ord. No. 90083, 1 V, 6.690) Sec, 1635, Exemptlons and exclusions, (a1 Nothing in section 1632,othe. Shan subsection(3), shall apply to the fo)low;ng: (1,) Any single-famtly house sold or rented by an owner;provided; a. That such private individual owner does not own more than three(3)such single• family houses at any one(1) time; b. That In the case of the sale of any such single-family house by a private indi• vldual ownee net ridding In ouch house At th" 1,1111"of wilr11 ,111"or Win was not the most recent resident of such house prior to such sole, the oxemption granted by this subsection shall apply only with respect to one (1) such sale within any twenty-four-month period; c. That such bona fide private individual owner does not own any interest in nor to there owned or reserved an his behalf,under any express or voluntary agreement, title to any right to all or a portion of the proceed,from the sale or rental of mare than three (3) such sir,;edc^i_!y houses a, i.•ty one (1) time; d. The sale or rental of any such single family house shall be excepted from the application of this section only If much house Is sold or rented: L Without the use in any manner of the sales or rental facilities or the sales or rentai services of any real estate broker, agent or salesman or of such facil• (ties or services of any person In the business of selling or renting dwellings or of any employee or agent of any such broker,agent, salesman or person; J and i 1 2, Without the publication, posting or mailing, a tar notice, of any advertise• ment or written notice in violation of section 16.32(31;but nothing in this provision shall prohibit the use of attorneys,escrow agents,abstractors,title companies and other such professional assistance as necessary to perfect or transfer the title. (2) Roo,ns or unite In dwellings containing living quarters occupied or Intended to be occupied by no more than four(4) families living independently of each other, If the owner actually maintains and occupies one(1)of such living quarters as his residence; 131 Rental ors single room in a dwelling conlalning living quarters occupied by no more i than one(1)family If the person offering such room for rental actually maintains and I occupies the remalnder of such dwelling as his residence and not more than four (4) such rooms are offered. (b) For the purposes of subsection(a) of this section,a person shall be deemed to be in the business of selling or renting dwellings It. i (1) The person has,within the preceding twelve 112) months,participated so principal in d, r; three (31 or more transactions Involving the sale or rental of any dwelling or any intoresttherein; 1040 f Page 10 i i t i • i I i HOUSING 1 16.38 )2) The person has,within the preceding twelve(12)months,participated as agent,other then In the sale of his own personal residence, In providing sales or rental faclHtles or sales or renal services In two (2) or more transactions Involving the sale or rental of any dwelling or airy Interest therein; or (3) The person is the owner of any dwelling designed or Into-ided for occupancy by five(5) or more familles. (c) Nothing ln'tf is article shall prohibit a religious organization,association or soclety or any nonprclt Institution or organization operated, supervised or controlled by or In conjunc- tion v,lth a religious organization, association or society from limiting the sale, rental or oecupercy of dwellings which it owns or operates for other than a commercial purpose to persons of the same rellgion or from gtvirg prefbrrnee to such persons,unless membership in such religion to restricted because of race, color, ley familial status or national origin, (d) Nothing In this article shall prohibit s'private club not In fact open to the public,which as an incident to its primary purpose or purposes provides lodging which It owns or operates for other than a commercial purpose,from limiting the rental or u:upaney of such lodgings to Its members or from giving preference to Its members, (e) Nothing in this article shall prohibit any persou from owning and operating a dwelling In which a room or r1imi are leased,subleased or rented only to persons of the same sex when ^, suchdwellir contains one(1)common lavatory and Utchen facility avallable for the use of all persons r.tupying such dwelling. II) Noth)nginth(sarticlelimitstheapplicabilityof anyotherordinanceorstateorfederal Iaw restricting the maximum number of occupants permitted to occupy a dwelling nor does any provision In this article regarding familial status apply with respect to housing for older persons. As used In this subsection, "housing for older perso, -" means housing; (1) Provided under any state or federal program that the Secretary of Housing and Urban Development determines is specifically designed and operated to assist elderly per, sons, as defned in the stale or federal program; (2) intended for and solely occupied by persons sixty-two (82)years of age or older; or (3) Intended and operated for occupancy by at least one (1)person AAyflve (55)years of age or older per unit. fgl NotMng In this article prohibits conduct sonst a person because such person has been convicted by any court of competent Jurisdiction of the IIlegal manufacture or distribution of a controlled substance as defined in section 102 of the Controlled Substances Act,21 U.S.C, 902, (Code 1066, 100; Ord. No. 90-093, 1 V1, 8.5.90) Sec, 15.38, Ercforcemena;complainis. (a) Any person who claims to have been inured by a discriminatory housing practice or who believes that he will be Irrevocably inured by a discriminatory housing practice that Is about to occur,hereinafter referred to to the"person aggrieved;'may Ale a complaint with the 1041 Page l t f I l u Ilk 1 1636 MINTON CODE �- administrator. Complaints shall be In writing and &hall contain such Information and be In such form as the administrator requires. Upon receipt of such complaint, the administrator shall furnish a copy of the complaint to the person who allegedly committed or Is about to commit the alleged dlacrimI notary hou sing practice.Acopy of all written complaints received by the administrator shall be forwarded to the Fair Housing and Equal Opportunity Division of the Region VI ofilce of the Department of Housing and Urban Development.Within thirt, (30)days after receiving a complaint, We administrator shall Investigate the complaint and give notice In writing to the person aggrieved whether he Intends to resolve It. If the admin. lolrnIor Oils- I q In rnnnlvil I n rumpinInf, h(I AMP prluvmll In Iry In OfIminntnfir rorrnrt Ihn alleged discriminatory housing practice by informal methods of conference, conciliation and I j persuasion. Nothing said or done in the course of such Informal endeavors may be made public or used as evidence in subsequent proceedings under this artirle without the written consent of the persons concerned. (b) A complaint under subsection(a) of this section shall be filed within thirty (30)days after the alleged discriminawry housing practice occurred, Complaints shall be in writing and shall state the facts upon which the allegations of a discriminatory houiing practice are based Complaints may be reasonably and fairly amended at any time. A respondent may file a written answer to the compWrit against him within ten(10)days of receipt of notificatlon and may emend his answer at any time. Both complaints, answers and amendments &hell be verified. (cl If, within sixty(60)days after a complaint Is flied with the adminlstrakr, the adman- Istrator has been unable to obtain voluntary compliance with this article and if the admInis• trator reasonably believes that a discriminatory housing practice has occurred, the adminls• trator shall refer such violation to the city attorney for prosecution: If the city attorney determines to prosecute, he&hall commence proceedings in the matter In the municipal court and carry forward such proceedings with reasonable promptness. (d) The municipal court in which a proceeding Is Instituted under this article shall assign the case for hearing at the earliest practicable date and cevee the case to be In every way expedited. (e) The administrator shall receive and accept notification and rererral complaints from the U.B.Attorney Oenerel and the Secretary of Housing and Urban Development pursuant to the provisions of Tide %111, Fair Housing Act of 1998, Public Law 90.784, u amended (47 US.C. 3610), and shall treat such complaints in the tame manner as other complaints Ned pursuant to this section. (0 Whenever the administrator has reasonable cause to believe that any person or group III 11111411111 111 Iiil(ii114NI Ili II IUIII11iil or prop Ili'll(irirhlulnlll'P In Ihn Aill nl),nvm111111 finny nrflin rights granted by thls article or that any group of persona has been denied any of the rights granted by this article, he may prepare and hie a complaint setting forth the facts In his own name,and such complaint shall be!rented In the same manner u a complaint Ned by a person aggrieved. �.- (Code 1968, 4 94+•9) 1047 Page 12 f � 1 � u • HOUSING 115-38 Sec, 10.37. Cumulative legal effect. This article to cumulative in Its legal effect and Is not In lieu or any and all other legal remedles which the person aggrieved may pursue. Sec, 16.39. Interference, coercion or Intlmldetton. It shall U unlawful to coerce, Intimidate, threaten or Interfere with any person in the exercise or enjoymenl of or beaux of his ha•ring exorcised or etjoyed or because of his having aided or encouraged any other person In the exercise or enjoyment of any right granted or protected by sections 111.39 through 16.36 of this article. (Code 1988, 1 9yr111 r� 1 ` i i 1019 (The next pigs Is 10931 1 f Page 13 { 06/10/00 10:12 4012 071 9206 CPaD BENT TREE Wool.003 J — apsndallo._q GEARY,PORTER& DONOVAN A WFIW KWAL NRPOaAT10N ATTGAMYI AND 0" WDU DAVID K Win( D1A want Tl4a'IOWaa Po.ranca amrzmu Doug Due Mum I SM DAUAS PAPX WAY.Wr71..10 DAUM.TWW f1,1M O PtASI u" ADOIWKTVAIRO14MI om)nt•99Pr rA(16ma(Pn197I.9201 June 10, 1999 I1U FACSIMILE 94082-7923 and CERTIFIED MAIL NO. Z 289 J29 301 RETURNRECEIPT REQUESTED Mr, Herb Prouty,City Attorney City of Denton 215 East Moldnoey Street Denton,Texas 76201 Re- Notice of Appeal - ,Moratorium Resolution Dear?&Prouty, This taw firm represents FtHeld Center, Ltd. ("Fairfield'), Feld Is the prospective purchaser and developer of 21.25 acres of land located on the west side of Bonnie Brae Road at the intersection of Bonnie Brae Road and Windsor/Psyne Drive in Denton, Texas. Fairfield submitted an application for preliminary and tint plat Approval which is pending with the City of Denton, This application was the subject of hearings before the Ptaaaing and Zoning Commission(the"Commission") on May 121 1999 and May 26, 1999. Thin application was scheduled for hearing before the CommWon on June 9, 1999. However, Fairfield wu advised by Mr, Larry Relchhart of the City Planning Department on lung 3, 1999 that the hearing would not take j place As a result of the adoption by the City Council of the multi-f3tmily zoning and permitting Moratorium Resolutiorts on lute 2, 1099("the Moratorium Resolution'). II Ilursuant to Section 6 of the Moratorium Ro-&olution, Fairfi aid btreby appeals for relief from the Imposed moratorium in order that its plats, site plans, and ether necessary applications can be processed and bled. Fairfield it prepared to patent erodible wldenu to the City Council that the delay in proemial Ito applications for the atabttshment of Its project has deprived the applicant of vested property rights or deprived the applicant of all economically viable use of the lead. i c oertoraa tea: etar eat azoe am Rwr TRU Wuua�un, 4 W. herb Prouty.City Aftorma3' June 10, 1999 Page 2 Punuu4 to tie tames of Section 6(2) of tba Moratorium ReaoWon, we undantaod that this u derAped as �kppkudil to the data whed ad�t 6Cityy of dds date. Pwm no*Counall hearing whh regard to this appeal. Thank you for your attendon to This muter. Very holy yours, OBARY, PORTBRA DONOVAN A Prohwonal Corpora m By. David M,Tatum DMTrjlp CC Mr. Barry Howard (via&u iak 117440-9474) Ms. Lori Bllia(via faodmh 817/640-9474) The Honorable Jack Mgler,Mayor, City of Denton(via facalo0a 940J)13.8396 end Cadfiad hWL Return Receipt kaquated,No. P 43S$74 633) Members of the City Couac:7,City of Denton(via heaLWIc 940/383-85% and Corti6ed M4 Return Raaipt RequmI4 No,P 435 574 566) r A, .r C CiBA1tYL VAN bAybKU2W ATRJC eYiAlpCCtNUL011/ Or1�rYq fO1Plt 0M> 16SLAU+V11le[WAY,IIY}eIlO bHLy7s%MIYA ALOY01�1e%AI fl0�1�1 ernof111101 Jane 10, 1999 MA 1rAC'S'lMU smj2.»?!and c8nrtrr>Mn l�sui N1 f!1 Qflrrt>ran fD ofDadon Attorney Cky 119&rt MalCtooey&r* I Dew Taus 76101 Re; Nodes of Appeal •Mentorium Reeobdton Deer Mr.hwAy. UrAeld Cmdw,Lid.c uedw tM a C,of Noe. Z-99-020 end 1'FP."1,nw by Bob Sh*orr, u owner, end Ha17ol aeoo�ipp�� Th"k yW to r w dmt doe to dd,metta. very truly ym ��TER&J)MOVAN Corporation 414 Tatum DMT/cad a: Mr,Berk'>:lorverd(vla 9oeiar7a 817/640-9414) M&Ud IMO(VIA 817/64&9474) Tb°H � 6*�',MW, Chy dDDee>Y!on�(vla 9roeWW 9401349-89% �' ' A MNCben d the dry CourA 8"h a Degtaa(w hc*Wlez9M49-i196) + /, e and s ,Ranusti Reo*flequNted,No.z lei 101813) too/zoom tee tied tttit evorioo l c r i i I I 01/10/00 Tilu 17:01 PAX 6403407707 CITY OF D1Dr1+9N PLANNING 09f 1QIp� V Ralmoo omimm{yy� 9192 EW Hitt/tied SM LAPK Adswu 0!241 4604954219 hwe 10,1999 Tx COY SWVAty C*of rmfflh� 1 512 Mdumry Dntxk TX 76201 Ar tRetrw b leis C.ommimbim dk w earrgllaa Is■m*AM R"4d%*Mob h:powd of i F Aowdairret oowpoe�6�ar e:eMMMO is R9!-0]1 by ibo OW w"com i MMd- Wo rogaut Gt Gt Car of Domo6 card to n erenpd0e to at*M me dww rosobnloa oa Ge as ah diet: Ow e drMila"10 *I d 00 wpeere loofa botr w ooud elo —= Mdewsiq de pdde�brGd I"40 we poW at Mat a dardrr p%Ore praiwd At No addle w1 dom k ow A p:eouss, x 68 prapowd!how 1wa redd be oonWr*a ow FD"bawa That awyhrlll be a p"in Go Amn wha we dmlop a 0migmgda Cow,AWA d l t NdW Nonfat or some 1eleled bA*fa OC bea*of 6waded a r0q go pwaoa 1%OW Wob&lbu spaAmrols,Awk spoth"a or alrYrbombs umsp ombL h wMd eN be as belles of whoa n 60 6*0"dibmad Mk We wail wale w1G NsQ drbr{Ge�!�Y of esy wall p*% 10 6e�ee ibe adogra 3 of pad ft WNW.orm,roadw:ge and p6dbial tolsle6 to Or p1 *01 at w delo. tact a p ajea b sod 0odoatbdsd far ad I"5 yaw fdos GIs SZ We r+teut Gas dodwd d✓*CwA0 eenUw aae lopeol 4 a b A:e iae6 III w ee 10 awid 0"01 ddq Y At proeeedaR of M Flamed DS"igesse0le eilbw g f-44 slew.M set" vloe.rrbef , nabwa Co� cc; Dne HIL bailw paalaa Patty Oe►atmao i C AGENDA INFORMATION SHEET AW4 Na a AGENDA DATE: June 15, 1999 A9ar4altem DaU— • s. DEPARTMENT: Planning Department ACM: David Hill,349-7233/ I SUBJECT–Top of the Hill Subdivision (A-83) Consider adopting an ordinance to annex a 65.174 acre tract located south of Nowlin Road on the east side of FM 21 Bl (Teasley Ln.) generally opposite Hickory Creek Road, in the City of Denton's ETJ, to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. First reading of ordinance.(A-93) BACKGROUNb The petitioner requests the property be annexed and zoned with a permanent land use designation and classifications as a Planned Development zone district for single-family residential development and a small parcel of commercial development. A tele-communications tower is proposed for the commercial parcel. The property is currently undeveloped. RECOMMENDATION The Growth Management Plan indicates that this area should be developed as residential neighborhood centers. Since this property is outside of the city limits, annexation is the logical step to ensure that this in fact occurs. It will provide the City of Denton the authority to regulate land use based upon a zoning classification. Therefore, staff recommends annexation and zoning of the property. PRIOR ACTIONIREVIEW(Council. Boards.Commisdons) A public hearing was conducted by the Planning and Zoning Commission on June 9, 1999. The Commission recommended approval (7.0)of the annexation and the Planned Development(PD) zone district classification for single-family development, with a small (60 feet by 60 feet)pvicel of commercial development(a tele•comunications tower is proposed). i FISCAL INFORMATION AN None at this time. i J q Y n i ME NT I Planning and Zoning Commission staff report for June 9, 1999. 2. Draft Ordinance will be provided prior to June 15, 1999, meeting. Rea tfuliy submitt I ve Hill f Assistant City Manager Director of Planning and Development Prepay ed by: -�Pi 0 9— Carry iO,.IIA t Development Review Manager I i 1 2. c '. f l I� t, l i PLANNING AND ZONING COMMISSIONw STAFF REPORT Subject: Concept Plan, Top of the Hill Subdivision Cgse Number: Z-99-025 fil@f j: Larry Reichhart, Development Review Manager Agenda Dale: Juna 9, 1999 Hold a public hearing and consider making a recommendation to City Council regarding a proposed concept plan for a Planned Development(PD)zoning district encompassing 65.174 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)udsdiclion of the City of Denton, Texas. At the time of annexation the property would be zoned Agricultural(A). The request Is to rezone to a Planned Development for 65.092 acres of Single•Famity Residentlat at 4 units per acre and a minlmum lot size of 6,750 square feet and 0.082 acres (60foot x 60 foot area) Commercial(C)for a futuro tele-communications tower. --A L rawr:,U M.l ry Ct"h RPM SIT Y LOCATION MAP Location: Generally south of Nowlin Road on the east side of FM 2191 (Teasley Lane.) generally f ,; opposite Hickory Creek Road. (See Enclosure 1) Sloe: 95.174 acres. 3, i GENERAL INFORMATION Applicant: Pinnell l Ford, Inc. Owner. Pinnell t Ford, Inc. Rt. 13, Box 135 Rt. 13, Box 135 Denton, Texas 76205 Denton, Texas 76205 PLANNED DEVELOPMENT ZONING PROCEDURES # Planned development zoning disfrkfs (PD)are intended to provide for the development or land as an integral unit for single or mixed Lose in accordance with a plan that may vary from tho established regulations of other zoning distdcfs 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: (1) Provides for the design or lots or building; Increased recreation, common r r open space for private or public use;berms,greenbeits,trees,.hrubs or other landsesplr 1 features;parking areas, street design or access; or other development plans, amenities or features that would be of special benefit to the Ieoperty users or community; (2) Protects or preserves topographical features, such as trees, creeks, ponds, floodplatns, slopes or hllrs;or (3) Protects or preserves existing historical buildings,structures,features or places. Thore are three (3)types of plans that maybe used In the planned development process; concept plan, development plan and detafledpfan. CONCEPT PLAN-This plan Is Intended to be the first step In the PG process for larger or long term developments. It esta till shes the nest general guideilnos, identifying the land use typA. approximate thoroughfare locations within the boundarWs of the district. DEVELOPMENT PLAN-This plan Is Intended 10 be use: most often as a second step In the PD process. It includes the same information that Is provided on the concept rdan, plus details me 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 plannea development process. It will contain Information specific to the site. Ail detailed plans should be in substantial compliance with landscape, sign, subdivislon 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 reguiatlons. �� 4 , s SUMMARY OF ZONING REQUEST '; ',: The developer is requesting a Planned Development(PD)zoning district classification for this 65.174 acre property with 65.092 acres of Single-Family Residential at 4 units per acre and a minimum lot size of 5,750 square feet and 0.082 acres (60foot x 60 foot area) Commercial (C) for a future tele- camunications tower. Section 35-174 (General concept plan Information)of the code of ordinance Identifies,tha Information that shall be contained on a 6ncept ' Tha t3eneral ooneept plan Info�iifrn Intended to provide background informetton"regarding the requfrerrient's of a ccr>cep) Sec. 35-174. General concept plan Information A general concept plan shall contain the following Information: (1) Relation to the master plan. A general statement setting Forth how the proposed district will relate to the city's comprehensive plan and the degree to which It Is or Is not consistent with the plan, • The concept plan Is in compl4nce with the 1999 Growth Management, (2) Acreage. The total acreage within the proposed district. • The total aavaW of the property Is Akn#Aerl on the plan, (3) Sarvey. An accurate survey of the boundaries of the district, The descriptkn for the entire PD/s attached as a relli"rce. (4) Land uses. Proposed general land uses and the acreage for each use, Including open space, For residential development, the total number of units and the number of units per acre, • lden6fled on the plan and Is reRwnced In backup material. (S) General thorax ghfare layout. Propos ad streets, as a minimum to arterlal street level. (Showing collector and local streets Is optional.) • The concept plan Identifies RlghtW--Way for the extenshn of both Hkkoy Or&Road and F M 2499, both IdenNfkd as hrture PrlmaryArt&01s on the Denton Motmty Dian. (6) Development standards. Development standards for each proposed land use, as follows: a. Minimum lot area. b. Minimum lot width and depth, c, Minimum front, side, and rear yard areas. d. Maximum height of buildings. , e, Maximum building coverage, ' f. Maximum floor to area ratios for nonresidential uses. g, Minimum parking standards for each general land use. y • Back-up mater/a!has de3en provided that ldenthSes developrrhent standards and►v/ll bectorrre I 5, I i c: I i part of the or&nance cfapprove�d. (7) Existing condWons. On a scaled map as specified by the department, the following shall be shown for the area within and adjacent to the proposed district: a. Topographic contours of ten (10) feet or less. b. Existing streets. c, Existing 100-year ffoodplain, floodway and major drainage ways. d. City limits and E.M. boundaries. 1 e. Zoning districts. L Land use. g. Utilities, Including water, wastewater, and electric lines. • All repu/red existing condiYdoa are kkentif ed on the detabad plan or 1n backup material provided by the applicant. (Ord. No. 91.016, § 1, 2.5.91) I COMPREHENSIVE PLAN ANALYSIS IMIN `Ik" 1988 Denton Development Plan Analysis The 1988 Denton Development Plan(DDP)shows this areas to be within a Low Intensity Area. These areas are Intended to be developed primarily for single family residential development. Nelghborhoods are to he serviced by a network of small commerciallretall centers spaced at about 'A mile Intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity 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 1986 DDP. 1999 Denton Plan Policies Analysis The 1998 Denton Plan (OP) Is to be used In conjunction with the 1988 Denton Development Plan In evaluating the consistency of proposed development with the fong range vision fur the city. Staff finds the proposed development to be somewhi t consistent with the policies of the 1998 DP. (See Enclosure 8) JSPECIAL INFORMATION 1. Transportation Trip generation The applicant has proposed to following denelty restrictions: A 4 units per acre for the Single-family development(4unite/scre x 44.94 acres ■ 180 units. 6 . . F oposed Land Use Trip t3ensratlon of 4 units per acre,the maximum number of lots that could be developed Is 260. Land Use Average Trip Maximum Total Daly Trip Generation lulidout Generation DDP Low Intensity Area' 80 Uiperdaylac 85 092 scree 3,906 ;j, GNLIttGtiOn .li Kt ,, , t r i) u 1�{, Propo sd Uses Single-Family 9.55 b1psldoylun x 260units 2,463 (Detached) Note;Proposed Average Trip Generations provided by the Institute of Transportation Engineers, 199 1. The proposed development Is 36%below the allowed capacity Identified in the 1988 Denton Development Plan B. Access The development will have access from Teasley Lane and the proposed extension of Hickory Creek Road which are Identified as a primary major arterials on the 1998 Denton Mobility Plan and from Nowlin Road which is a local street. C. Road Capacity Both Teasley Lane and the future extension of Hickory Creek Road are Identified as a primary major arterial road by the 1998 Denton Mobility P:an. These roads are designed to be a six(6) lane 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 Dips per day. Road capacity should be more than adequate to handle the calculated trips that could be generated by the proposed development. D. Pedestrian Linkages 1 Sidewalks along all public streets are required. i 2. Utilities Both sanitary sewers and water are available and adequate capacity to service the proposed development exists, (See Enclosure 4) l 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. A preliminary drainage study wlll be required with the submission of a pretlminary plat. The c ` study must Include calculations of the 100-year storm'for all drainage areas on this property ` t r ..AJ and any area that drains towards this prop9rty. The developer must Indicate the method by which the run-off will be carrled across the property or stored on the property, i 1, F ign ordinance. 5. Landscaping This property Wit have to comply with the new Landscape Code,which requires fAeen (15) trees per acre and twenty (20)percent of all surfao)s to remain pervious (plantable area). 6. Open Space The residential portions of this development will be required to participate In the development of public recreational areas. Through tha Park Dedication Ordinance (98.039), this development wilt contribute to park land dedication and park development fees. Dedication requirements are required during the platting process. Park development fees are required prior to the Issuance of building permits. 7. Environmental Quality impacts No negative environmental impacts have been Identified. PR0PERTY,H18T0RY' ►� •f„ yvhs • K��: �. rr t '� :4 t,.,, � � ,rte The subject property Is proceeding with annexation and Is scheduled for the July 20, 1999 City Council meeting. At the time of annexation the properly will be placed In the Agricultural (A) zoning district and land use classification . i The subject property Is not platted and would need to be platted prior to any development. PUBLIC NOTICEa # �. s � `' Notice of the zoning request was published in the Donton Record-ChronWe on Sunday May 30, 1999. Four(4) property owners were notified of the request on May 29, 1099. As of this writing, there have been no responses The applicant has proposed to meet with local neighborhood representatives to discuss the proposed project. f r I (1 1 As the proposed development Is In compliance with the 1998 Denton Pian Policies and the 1968 Denton Development Plan, and the added design controls of future required Detailed Plans staff recommends approval of Z-99-025,with the following conditions: 1. That the maximum allowable number of single-family units be limited to 4 units per acre. I move to recommend approval of Z-99-025. 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone consideration. 6. Table item. 1. Vicinity Map. 2. Zoning Map. 3. Utility Map, 4. 200' Property Owner Notification Map. 6. Mobility Plan Map 6. Concept Plan. 7. Draft Ordinance 8. Denton Plan Matrix. 9. 1999 Denton Plan Matrix. 4 9. c� i i i I! II ENCLOSURE 1 NORTH Z-99-025 (Top of the HIII Subdivision) Now 452 i 1 • ' SITE OAKMONT I Fr •, aSTATI$ i i I ' I 1 VICINITY MAP I Agenda Date, June 0, 1009 i0 Scare; None c , t r ENCLOSURE 2 NORTH Z-99-025 (top of the Hilt Subdivision) SF-10 «. r ETJ A ETJ RD M Ir r PD BF-7(c) J1 !F4 A ETJ �i i SF-7 � ` 50 ` 1r ET Al 7 j t •i . 1 —a'�— rye , J i ZONING MAP I Agenda Dale: June 9, 1900 scale, None lt . j v ENCLOSURE 3 + NORTH Z-99-025 (Top of the Hill Subdlvlslon) • i • " SITS . y EXISTING UTILITIES MAP + Hydrants -- — Water Line (W. L.) -- Sewer Line (S. L.) Electric Line A r e r ]2. • c� 1 ENCLOSURE 4 NORTH Z-99.025 (Top of the HIII Subdivision) Mi ! ET C{ of Denton M LOW $ITE, 0 KMONT TAM , h ,1 [Ti • KIVR W . 1 200 & 500 FOO NOTIFICATION MAP r Agenda Date: June 9, 1009 Seale None 13, c. u ENCC,osuxs s Z-99.025 (Top of the HIII Subdivision) NORTH RD •. r r r r r : SITE; OAKMONT leTATla , r � 1 1 R 1 � l rot -11 irk 1 ti I DENTON MOBILITY PLAN MAP Primary Major Arterials Agenda Date; June 0, 5099 scale: None ' I i F �. NOWLIN RD. RESIDENTIAL;: ' L4 7,61 ACRES 1-RCLND I' .; e; w t _� KXISTINO PROPRATV LLNK - ZONING BOVNORV I,INRS UTILITY KMKM-NT LINKS _ -v/•' RESIDENTIAL ;;s 5 w ': 12.05 ACRES '' �� 0 • '• RESIDENTIAL I 45.43 ACRES i MCKORV CP.LSIC RA NUI'F I. LX*M&,RCW, 60'X60' FXISTINO TOWER SITE, I8.33' S. OF N, B(X,>TMY NUT 1�CLL'hEhlX RF.S1DLih71A1. PINNELL TOP OF THE HILL SUBDIVISION ASSOCIATES 940321-5231 63ACKMa 1 s NOW LIN RBI. -- OF ol tEGtND �' j >'xts'rava rxo►tirr r G'Gp Inttm t�untwr L��r_s ! j `0 6 o IIICKORV CRM R4 PINNELL ASSOCIATES TOP OF THE HILL SUBDIVISION c 1 ' c, KMIGVOIiVX.WWKRJ.GIM "A 0�1W" 2 Y I ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 65,174 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THd CITY OF DENTON, TEXAS, LOCATED SOUTH OF NOWLIN ROAD ON THE EAST SIDE OF FM 2181 (TEASLEY LANE) GENERALLY OPPOSITE HICKORY CREEK ROAD, IN THE COUNTY OF DENTON, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,Pinnell/Ford,Inc. has petitioned for the annexation of 65.174 acres of land described herein,and I WHEREAS, the City of Denton on May 11,1999, heard the petition and agreed to grant the petition for annexation of 65.174 acres of land; and WHEREAS, on June 9, 1999 the Planning and 74ning Commissich recommended approval of the petition for annexation; and WHEREAS, public hearings were held in the Council Chambers on May 25, 1999, and June 1, 1999, (both days b :ng on or after the 40"' day but before the 201°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 15, 1999; and WHEREAS, this ordinance has been published in full one time In the official newspaper of the City of Dcl ton on June l9, 1999,after a'mexation proceedings were Instituted and 30 days prior to City Council taking final action,as required by City Charter; and WHEREAS, the City Council finds that the annexation will be in compliance with the 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 1. That the tract of land described in Exhibit "A", attached hetelo and incorporated by reference, is annexed to the City of Denton, Texas. � 1 SECTION 11. That the service plan a'tachcd as Exhibit "B", and incorpori-IM by /J' '? reference, which provides for the extension of municipal services to the annexed property, is approved as part of this ordnance. (1 • 'K111 %VVL IVWP09MiY D.errroiww,w,t u Mnd MM 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 t annexed to the City. If any pars of the real property annexed is already Included within the city limits of the City of Denton or within the limits of any other city,town or village,or is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as If the excluded area were not expressly described in this ordinance. SECTION IV. That this ordinance shall become effective fourteen t14) days the date of its final passage. PASSED AND APPROVED this the_day of _, 1949. JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY t `�7 11 Y: At PAGE 2 i, EXHIBIT A DESCRIPTION OF PROP,SATY SURVEYED ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE BERRY MERCHANT SURVEY, TRACT Nd 800. DENTON COUNTY, TEXAS, AND BEING PART OF A 1RAChOF LAND DESCRIBED IN A OFEO FROM MAGGIE K. TEAGUE TO MAO LEE LIVING TRUST, FILED OCTOBER 12, 1993, RECORDED IN COUNTY CLERK'S FILE No. 93-R0072122, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING MORE PARTIC ULARLY i DESCRIBED AS FOLLOWS; BEGINNING AT A SET 1/k INCH IRON ROO AT A CORNER POST AT THE SOUTHWEST CORNER OF AA TRACT OF LAND DESCRIBED IN A DEED TO JOHNNY L. JESTER at uz, RECORDED IN COUNTY CLERK'S FILE No. 93-80072123, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, ON THE EAST RIGHT- OF-WAY OF F.M. ROAD 2181; THENCE SOUTH DEGREES 37 I A EFN61AFH mE SOUTH LINEOF SAIOJESTETACT, DISTANCEO80.7EET TO A SET 1/2 INCH IRON ROD AT A FENCE CORNER POST, AT THE SOUTHEAST CORNER OF SAID JESTER TRACT; NC DEGREES ? MINUTES 5 THIHE LIE OF SAID JESTERTRACTPASSINGAT585 S FEET THE NORTHEAST CORNER OF SAID JESTER TRACT, CONTINUING A TOTAL DISTANCE OF 599.24 FEET TO A SET 1/2 INCH IRON ROD, ON THE NORTH LINE OF SAID MAG LEE LIVING TRUST TRACT, ON THE SOUTH LINE OF A TRACT OF LAND PACE IN A DEED RECORDS�DENTONLCOUNTYM TEXAS, iND 9 THE M;DOLE OF NOWLIN ROAD; THENCE SOUTH 89 DECREES 45 MINUTES 43 SECONDS EAST, WITH THE NORTH LINE OF SAID MAG LEE LIVING TRUST TRACT, AND THE SOUTH LINE OF SAID WHEELER TRACT, A DISTANCE OF 1738.69 FEET TO A , SET 1/2 INCH IRON ROD AT THE NORTHWEST COPNER OF SAID MAG LEE LIVING TRUST TRACT, AT THE SOUTHEAST CORNER OF, A TRACT OF LAND DESCRIBED N A DEED TO MEL WHEELER at ux, RECORDED IN VOLUME 1054, PAGE 17, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE SOUTH 01 DECREES 12 MINUTES 57 SECONDS EAST, WITH THt EAST LINE OF SWD MAG LEE LIVING TRUST TRACT, A DISTANCE OF 1308.40 FEET 'TO A SET 1 2 INCH IRON ROD AT A :NCE CORNER POST, AT THE SOUTHEAST CORN R OF SAID MAO L E, 11 10 TRUST TRACT, AT THE NORTHEAST CORNER OF A TRACT OF LAID OL.CRIBEO IN A DEED TO HERSCHEL V. FORESTER, TRUSTEE, RECORDED IN VOLUME :'05, PACE 621, DEED RECORDS, DENTON COUNTY, TEXAS; THENCE NORTH 89 DEGREES 47 MINUTES 20 SECONDS WEST, WITH THE SOUTH LINE OF SAID MAO LEE LIVING TRUST TRACT, AND THE NORTH LINE OF SAID LONG TRACT, A DISTANCE OF 2481.56 FEET TO A SET 1/2 INCH IRON ROD AT A FENCE CORNER POST, ON THE ,EAST RIGHT-OF-WAY OF P.M. ROAD 2181; I j THENCE F Y F A32fETOD75 THHEHE T IHO -WA O F M. ROD18ADISANCE F72.4 FEET TO POINT OF SEGINNINO AND CONTANIN4 IN ALL 65,174,1 ACRES OF LAND. (E%IIISIT 6) ANNEXATION SERVICE PLAN CASE NUMBER: A•83(Top of the Hill Subdivision) AREA; 65.174 acres LOCATION; South of Nowlin Road cast of FM 2181 (Teasley Ln,)generally opposite Hickory Creek Road in the extraterritorial Jurisdiction(ETl)of the City of Denton,Texas. 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 flinctiora, will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. H. 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 property within sixty (0) days after the effective date of the annexation using existing personnel and equipment. D. Water/Waaleweter Facilities , t. Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment E. Roads and Sirects L 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 data of the artrtexation using existing personnel and equipment F. Parks and Recreation Facilities 1. Maintenance of parks, playgrowtds,swimming pools, and other recreational facilities In y the area to be annexed will begin within ^ixty (60) days alter the effective date of the annexation using existing personnel and equipnent However, there are no existing parks,playgrounds,swimming pools, and other recreational facilities In the area 1 .I Iruif rnlir0?i n li v J7rni der c cr ANNEXATION SERVICE PLAN (A-83) Top of the Hill Subdivision G. Electric Facilities I. Electric utility Service will be provided within Sixh, (60)days after the effective date of the annexation using existing personnel and equipment. H. Library Services t. Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. L Code Enforcement,Building Inspections and Consumer Health Services 1. Code enforcement, building inspections and consumer health services will br, proNdded within sixty(60)days aAer 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, concertting subdivisinn and land development regulations, K, Capital Improvements Program (CIP) The CIP of the city is prioritized according to the following guidelines: (1) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. (2) Tt.o overall cost effectiveness ofproviding s specific facility or improvement. The annexed area will be considered for CIP Improvements in the upcoming C1P plan.This Property will be considered according to the established guidelines, r a PD REQUIUMENTS FOR TOP OF THE IIILt SUBDIVISION SINGLE FAMILY The following shall apply to the single family portion of the PD for the Top of the WI txSNisidn: The maximum allowable density shall be 4.0 units per grass acre, Including perimeter and coliector streets as well as open space. Minimum Ooen Soaoe Required A minimum of 5% of the land area shall be open space, Including parks, amenity centers, common pathways and entry features. All open space areas shall be maintained by a Homeowner's Association to be established by the developer, with a requirement for a periodic assessment adequate to maintain all land, landscaping and other improvements. MInimure, Noun SgMare f. tat 1,600 Square Feet(air conditioned area) fer lots measuring less than 60 feet at the front building line, 11800 Sq.rare Feet ( air conditioned area) for lots measuring 60+ feet at the front building line. Suladarinn Coverage R�g 50% or less for lots less than 60 feet wide at the front building line. 40% or less for lots equal to or greater than 60 feet wide at the front building line. Maximum Floor Area/Lool Area Rath 35% Minimum Panting A minimum of one attached two car garage per dweliing unit. A full width driveway of a minimum width of 16 feet shall be provided HirilimMM Yard Twenty (20) feet. Mlnlmurn Year Yard Ten (10) feet. Maximum Suilding height Two and a half(2 V2) standard storks. Mlnimu of DeWi One Hundred (100) feet. M nimum Side Yard Setfaar�l A minimum of five (5) feet on each side of the lot Minimum Lot Width I Fifty (50) feet at the front building line. E Minimum Lot Area Five Thousand Seven Hundred and Fifty (5,750)Square feet. Minimum Roof pitch The minimum roof pitch shall be 5:12 2gSign B gulremenis for Resienttal Fencing � Fences visible from public areas shall be built with the "good side" facing the r public view. A specific fence design shall be required for all homes so that the streetscape has continuity. ftm The use of berms Is encouraged for use In screening and buffering, and berms shall have a maximum slope of 1:3 with a gently rounded top. 20, i i! I �t7�t Trin There shall be a minlrnum of one (1)street tree for every 30 Unear feet of lot frontage,MIN each tree a minimum of two (2) carper Inches. No more than one asp$can be utilized for each street. The community sha!I !gave at least one(1) "pocket park", linked to other arm of the community by linear common area"strips". Where possible, Unear linkage shall tie to joining projects having common elements. mat A landscaped"buffer strop"'shall be provided with a minimum width ofio feet adjoining the rights of way for Hickory Creek Road and the future fist 2499. I 21. Y G t 1 ENCLOSURE B air 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 POI.tCY mornalstr,t c''AppEoOk : commrt Transportation, fompfinenb Drton's Lora range iho mWare Plam i'ys'i x FrorrwOes 1lrasS ManaOertk !.PraNae °=9 X oVwt"k Prvke providers.v"'rcY trvke Drasders and }�..' x d '� PrOeWteS publk trerapWadw system. « X Con&bates to Ce Drdan Trals network Vii' x Storsnwrt.r Dnlnags. Demon's r/aWOON-1 snaWW4 plans, whh '+ ' X cal rms tobcd subddskn regumam , t.i?• x CortribAes to reglard dden bw fadlbm X Prouldes for ru.!ral rlpertam&Mr*vnrt almV foodplaln. ,;r x Upgrades esdstlng sAstanderd dralrage systems as IrAR �y and redevelopmrt cay. "'X?IyPra W&W and Develops and M*talro p oprty and private Wa.tevraw. Wras4trctrre. x Creates oppo tuft for ovrsWng water and waseewaEr me to mat future devdopnwnt demands. x Rovldes re.tew or proposed Water and vwsterwter • "" Ird'rastrud,re W mire pudic safety and healh x pronw0es k a Im9r7mme its am new ine extens". x A!x;. Electric PraAdeo wtWorand dectrk service ror new reslde Ual and rornsldrtlal devdopmrrt x sond Waste. Prorates ftfrt Kees W ap developmert for sdld Waste srvke defvery. .s!. x Parks and NeaeatlwL Locates parks and recr*V"Fad Wes In a mdanct wider X the Pa6i and Reveatlon Strategk Plus Eniwca parks and recreation oppor w4as For rw.*Tb. t X prewm floodplaln for garb and open space to aid In w f wdpkln wruavadon Of". rr x Mows wmblrkq of Parks WWr otter pJbk fac9Wtl to KN"wte a t w ddWY Of pbk sevkes. ' .4 X PesldalW deveoment sheuW d-&&Wrd or fees In Y ~+ IRU of lard ror r0o borfaod pub. EnrlrasmeMal Quality. Promotes presrvebw of rah ral resorrces. AWL X Integrates W.arvnrtal protedb^wRh ewramk growth n and community dvelopment �G. X I,r , 22. ra��ar • i f 1998 Denton Plan Policies Analysis (continued) Denton Plan Policy Analysis Summary Development Rating vs. Policy CATAGORY POLICY kwwswt Apps caaaort tboda. PKWdw=m to W*and wmmwft hdrdes fa resdsAldndplberro,ds x &wt"pes.mum..of wb UM the e«,dk raw&-AL ' , , x Ro od$ad prowm ob"nd06wt ooh. x pMvlo penrAe Woe ppedoolm hdtkAft and {�•;t�, WNW Nvkfto&to rad,ce"N*4w b%%. x IFouahq. "At.a rww of tnrrkq type that Aped to df 4 ar`f!drree and k*A"kftatyte. . x (Nun a rattly or**40*bt d5n,W&V*w i and I rba W91L x ,a, N"ws 06*0 haft k hAv afiadtk hawng, 60aaaaa me houakq adrbvabn. k x ta�WlyD� y M to a"and ve d %AW bu!"*.y'I ( '-'—""^'�• Ei.+ aw�xy�.{..ao vwm YMYRI�YM ba p� ill w.7•Y��•W�arY�nnw�RAO. x Upbw Dealm Ad*nka wmmur*y appww"M a wmpnd eryhe mrrw. r x DMrdfkr ardAMUd"Mm"d b0 At ff%*wff4nL �r_�' � & X fedptAorlgod k"de dopment shook De arnpddrte w WO OMnp land we aM CWdkp► F- W I RoMedl d& mo Den's ktr t,nkng and ;.,; xi. tMvxes the Wwa m*N m&a twit wyf, ;1i %, x hwnde the presenadmn d tree end 4rdsng p •"";r x Publk YnwMnaant Pra an opport Mty for puhik optrlo duA g the pmnln0 p umm m i 23. i ENCLOSURE 9 1998 Penton Plan Policies Analysis I The 1998 Denton Plan (DP) Is to be used in conjunction with the 1988 Denton Development Plan in evaluating the consistency of proposed development with the tong range vision for the city. Staff finds the proposed developrhent to be consistent with most of the policies of the 1998 00. The table below provides a >ummary of the 1998 Denton Plan Policies applicable to this project; E Denton Plan Policy Analysis Summary J Development Rating vs. Policy Not CATAGORY Pgllcy Inconsistent Ap lnEle , emsisterd Transportation. Cornpliments Denton's long-Range Thoro4rfare Plan. - X Promotes Access Management kaicbm � x X optimizes operations for emergency service"Aders and other"it service providers. Promotes pudic tronsportatwn system. x ' o>,titr!t!utes to the Denton T•aes rttwo l x Stormwater Dralnage. Protects 200-year fioodplain areas in accordance with 4r` — Oentony,watershed management pars. Conforms i'lost subdivision iegAViors. •''�` x Co,,WbVes to reg!onal detention fadildes. Praddes for natural riparian environunerR along Ac'dplain. X Upgrades existng substandard drainage systems as Inhh and rede.tiopment ow, Water and Develops and mair�ns property and private ��`' Wastewater. Intrasbuiure. 't, X i Creates opportunity fw cversizing water and wastewater I lines to meet future dtvelopi demands. Rnvides review of proposed water and wastewater Infr astrudure to ensure pudic safety and health. -,�;" - x Pivnqtes!nf s imp rvern"over new line extensions g x Electric. prdvr&�s Underground electric service fa new residential and nidnresidentiat development & x Solid Waste. Promotes of kk"s^zess to an devekgrt>eM for solid waste service delivery, is x {'aria and Recreation. tccates parks and receabon radlities In anax4ance with Jr, du Parks and Reat ttion Strategic Plan. .;;:!;: ', x Enhances parks and recreation os>tikatunities for rodents. .i' `A:� . X Preserves Roeditn for parks and open space to aid In ` ' rioudin in conservation Worts. d' �,,, X Arcesconidnirig pr parks with other put!rc facitities to ad I.ve mstrrtt f ve delivery or pudic se NteS4r : x Residential development should ded*.rale land or fees in + $ teal of land for neighborhood parks. M; x z, Environmental Quality. PronctsS preservatlor>of natural neswrces X ' Integrates environmental protection with ecorgMC 1 . a`+.�•.r i. growth and community development x 2 9'3 D41 P62 Rep'.>rt aaaaaaa�aaaaaw>�aa� 24 - c, c. I I i i I )98 Denton Plan Policies Analysis (continued) Denton Plan Policy Analysis Summary DeveWment Rating vs. Poky CATAGORY POLICY Dww% trt Appkble CaMkent teigFbmf+oode pf%A amen to pj*W4 wr"Wfh fKft"for X reek% tW W0 6admods Ermrnes t ffg*n of land lees tlrt bw* t raldwtL x '.rj Profeds and p*wyv a dAV ne4 eoil+oeds. ;ti^r x kwwb s WWccy and pedestrir+bdfk sAt M and +c� W~nddl Rods to Mduce wk"hips. x 6o wwork wid hOvtd ft*/AL dNhrbq j!'r, ^., x gf/\rf\Irrtl�of SVO&f lot skm butldbq Nres, and toe rY x p1Qee. bttr "irM ho,"ooirhuctlort :it t x tw eononAo Card wft to a strap and dlverow loaf ammlo by 1;1 t4 WanNkatk, h"ahV wo*y sx and erpwdN the to bee& x 7ov\roruerrt. E M R\I wwdnedon to provide ,• x hbwt DeaN& Addraset mmmudty appewara N p a mmeh&Ww )'"+ OWM. x otvwvfles rdOe ral appww"of bunt&MMnment YwwowN Nelg bAoDd kdlp t\.e*no t s)DOd be oompW* wnh erddNq tad uses aM bundh� x r.; AV"end ireeelm Do 6M%&ftedow,ohm W x testoAat rWOM Enhances ft appeararke eknd MI*&&V*vnys. 4"" a x Romoeet the presWOM of bees end lan*ta V. x$ublk Insotrement. RoAdet an opp"My fa pudk opbdai x 16 j 25. u A"AchmeM 2 Draft Ordinance Will be Provided Prior to Meeting 16. 0 f. I i apanaa tla��� Ikte " AGENDA INFORMATION SI:EET AGENDA DATE: June 15, 1999 DEPARTMENT: Electric ACM: Howard Martin,3419-8232 -_� SUBJECT: AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC KATES CONTAINED IN ORDINANCE NO. 98-262; AMENDING ORDINANCE NO.99-046 WHICH CREATED AN ENEROYSAVE FROGRAM SCHLDULE(EP);AMENDING ORDINACE N0. 98.093 WTIICH AMENDED ORDINANCE NO.98-046; PROVIDING FOR A FURTHER AMENDED ENEROYSAVE PROGRAM SCHEDULE(EP);PROVIDING FOR RETROACTIVE EFFECT OF THE FURTHER AMENDMENT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE. BACKGROUND: Linder the current EnergvSave Program Schedule EA Denton Municipal Electric (DME) provides high-efficiency air conditioner incentives and structure incentives in the form of rebates to residential builders for meeting specific DME structure requirements. 'rho primary objective of this program is to reduce energy demand and consumption as well as promoting energy etlicie icy. The original concept wai for the structure rebates to apply only to single-family residential structures and not multiple unit structures,even though the language in the original ordinance in not clear on this point, The budget for this program does not include sufficient funds for multiple unit structures. The ordinance also used the outdated term"City of Denton Electric Utilities." OPTIONS: A. Approve updates to limit structure incentives and reflect new name,Denton Municipal Electric, B. Keep EnergySrme Program Schtdule EP unchanged and eventually discontinue program for lack of available funding. Loss of this program for residential developments would result in loss of business for DME. RECOMMENDATIONS: f The staff recommends the updates made to EnerglSm-e Program Schedule EP. II r PRIOR ACTION/REVIE'v (Council,Boprds.Commissiou): f �, The City of Iknton Public Uttiities Board unanimously approved changes to Fner)o&ve Program Schedule EP on May 17, 1999. � J FISCAL INFORMATION: It is estimated that under the current guidelines,the construction of an average apartment complex will cost Denton Municipal Electric a; proximately$125,000 per complex. There are six(6)proposed apartment complexes at this time. The current total EnergySave Program budget is$300,000. Respectfully submitted: JL4N-, n Mays Director of Electric Pre y: Ray ells Suptiftlendent of Substations,Communications, & Marketing i i 2 i I t S.K)ur UKumenb',tkdinmces\99l)htESched I:P Amend 1.99 0sd dLx R ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE SCHEDULE OF ELECTRIC RATES CONTAINED IN ORDINANCE NO. 98-262;AMENDING ORDINANCE NO. 98-046 WHICH CREATED AN ENERGYSAVE PROGRAM SCHEDULE (EP); AMENDING ORDINANCE NO. 98-093 WHICH AMENDED ORDINANCE NO. 98-046; PROVIDING FOR A FURTHER AMENDED ENERGYSAVE PROGRAM SCHEDULE(EP); ADOPTING DECLARATIONS AND FINDINGS IN THE PREAMBLE; PROVIDING FOR A REPEALER; PROVIDING FOR THE EXPENDITURE OF FUNDS; PROVIDING FOR A SEVERABILITY CLAUSE: PROVIDING FOR RETROACTIVE EFFECT OF THE AMENDMENT RESPECTING SCHEDULE (EP), AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS. on the 17`h day of February, 1998, the Council passed and approved Ordinance No. 98-046 which added an EnergySave Program ScheJule (EP) to the schedule of electric rates contained in Ordinance No.97.236,and WHEREAS, on the 7u' day of April, 1998, the Council passed and approved Ordinance No. 98-093, which amended Ordinance No. 98-046 in order to eliminate the requirement of installation of 90%-t fficient gas furnaces, when coupled with conventional air conditioning/gas furnace s)stems;and WHEREAS, on the 8`h day of September, 1998, the Council passed and approved Ordinance No. 98.262, µhich adopted the amended Schedule of Rates for lhnion Municipal Electric ("UT1E"), including Schedule EP as amended,providing for the EnergySave Program to i continue in force and effect, effective on the I"day of October, 1998; and WHEREAS, the DME staff has carefully evaluated and assessed the goals, purposes, application, and financial impact of the EnergySave Program, and has recommended to the Council that in order for the City to substantially achieve the goals of the EnergySave Program, that it is necessary and appropriate for the Council to further amend Schedule EP in order to provide, effective April 1, 1999, that apartments and rm-Itiple unit residential structures will qualify for the oir conditioner rebates provided for in Schedule EP, but µi11 not qualify for the structure incentive; so that several other provisions of Schedule EP may be clarified;and so that the name of the City's municipal electric utility, "Denton Municipal Electriu is property recited and reflected throughout the amended Schedule EP;and i WHEREAS, the Council deems it in the public interest to so amend the EnergySave Program as provided for in the attached "Schedule EP, EnergySave Program (effective 04.01- 99)";NOW.IIIEREFORE. 7I IF COUNCIL OF'11IE CITY OF DEN fON HEREBY ORDAINS: r 'i ,tiEC j ION 1: That the Schedule of Rates for electric service as provided for in Chapter 26 of the Code of Ordinances of the City of D:nton, Texas, in Ordinance No. 98.262, is hereby amended; and funhcr that the EnergySave Program Schedule (EP)enacted by Ordinance No. 98• 3 I t i e; 040;, is accordingly, hereby amended; and further that the EnergySave Program Schedule (EP) enacted by Ordinance No. 98-093 Is hereby amended; all as recited In the preamble to this ordinance, and as set forth particularly in that certain Schedule EP attached hereto and incorporated herewith by reference. SECTION II: That all of the declarations and findings contained in the preamble to this ordinance are made a part hereof and shall be fully effective as a part of the ordained subject matter of this ordi nance. SECTION III. That all ordinances or parts of ordinance3 in force when the provisions of this ordinance became effective whicb are inconsistent or in conflict with the terms or provisions contained in amended Schedule EP hereby enacted by this ordinance, are hereby repealed to the extent of any such conflict. SECTION 1V: That the Council hereby authorizes the Assistant City Manager for Utilities to expend funds to issue incentives in the form of rebates to DME customers who qualify under the EnergySave Program Guidelines, pursuant to the terms of Schedule EP, attached hereto,and adopted by this ordinance. SECTION V: That if any section, subse-tion, 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 enacted such remaining portions despi!e any such invalidity. SECTION VI: That the effective date of amendment to EnergySave Program Schedule (EP) as herein amended and adopted, is retroactively ratified and approved, as permitted by the pruvisions of the EnergySave Program Guidelines, from and after April 1, 1999; and a copy of said Schedule EP, as amended hereby, shall be maintained on file in the office of the City Secretary. SECTION VII: That except as provided in Section VI herein, this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this tW_ day of , 1999. a JACK MILLER,MAYOR , ATTEST: A, r JENNIFER WALTERS,CITY SECRETARY # /f By: 4 { { { p, l APPROVED AS TO LEGAL. FORM: HERBERT L.PROUTY, CITY ATTORNEY By: l f rk 3L al l� l i , i I s SCHEDULE EP EnergySave Program (Effective 04-01-99) ApDlicatiop/Program Summary Denton Municipal Electric (DME) through this program, called "EnergySave", is offering cash payments as incentives in the form of rebates to customers who purchase and install high- efficiency air conditioners or heat pumps for new residential, existing residential or commercial facilities. This program will provide structure incentives in the form of rebates, in the amount of $ 500 .00 per qualifying structure, to residential builders of single-family residences for meeting specific DME structure requirements. Satisfying these construction requirements will improve a residential structure's heating and cooling systems' operating efficiency. Apartments and multiple unit residential structures will qualify for the air conditioner rebates, but will not qualify for the structure incentive, if they meet the applicable EnergySave Program Guidelines. The EnergySave Program's objectives are primarily to reduce energy demand and consumption, thereby allowing the customers I of Denton Municipal Electric to save dollars on their utility bills, reducing the peak load of the City of Denton' s electric system, and promoting energy efficient heating and cooling. Program Guidelines I . Qualification Guidelines for Equipment I A. All installations must be for accounts served by the Denton Municipal Electric and must meet all applicable national, local, and manufacturers' codes and specifications. S. To qualify for equipment incentive, equipment must A,, be new when installed. C. All equipment must be purchased. No leased or lease/purchased equipment will qualify for a cash rebate . €€ 6 D. Installations must be made Ly licensed contractors and/or dealers . E. No rebate will be paid on a partial replacement of an air conditioner. The compressor, condenser and the evaporator coil must be replaced to qualify for a rebate. Payments for residential central cooling systems, which include apartments and mobile homes, will be limited to a capacity based on a minimum of 600 conditioned square feet per ton. F. The conditioned area in square feet is required on each residential central system request for payment. Any variance must be authorized on an individual basis and approved by the Denton Municipal Electric Marketing Division, G. Incentives for new and retrofit equipment will be contributed to a purchaser or authorized homebuilder for qualifying equipment . Incentives will be paid upon verification of compliance with program guidelines. H. Requests for payment must be received by the Director of Electric Utilities within 60 days of installation. ' 1. Equipment and installation are subject to inspection by the City's Building Inspection Department before final approval for payment is issued. J. The EnergySave Program guidelines and payments are subject to change by Denton Municipal Electric without prior notice. I K. Denton Municipal Electric may, at any time, discontinue the EnergySave Program without prior notice. II . Qualification Guidelines for Structure Incentive I A. A residential structure incentive, in the amount of $ 500. 00 rsr qualifying structure, is offered to a builder, developer or authorized agent after the 2 9 r following qualifications are meta 1. Builder, developer or authorized agent must be enrolled in the Denton Municipal Electric EnergySave Program (EnergySave) . 2 . Builder must install a 1 . 5 ton or above central air conditioner or heat pump having a minimum efficiency rating of 12 SEER. 3 . Install minimum of R13 wall insulation 4 . Install minimum of R30 ceiling insulation S. Ninety percent of the total square footage of exterior glass must be dou,31e-glazed (double pane) . 6. Seal and weather-strip exterior doors and windows. Includes caulking exterior toe plates and wiring/plumbing penetrations through the structure's exterior walls and ceiling. B. Structure Incentive for new homebuilders must also comply with the respective restrictions set forth in Guidelines for EqUioment Qualifications. I . GENERAL PROCcDURES A. Application 1 . Equipment- An application for equipment incentive must be ' completed and sent to the Director of Electric Utilities within 60 days of installation of new or replacement equipment. Participating dealers have application forms and will complete these forms for the purchaser. It is the purchaser' s responsibility to sea that the A dealer completes the form and submits it to the Director of Electric Utilities. r' 2. Structure Incentive- To qualify for residential structure incentives, 3 8 3 i aj a builder/developer or authorized agent must be registered as an authorized Denton Municipal Electric EnergySave Authorized Builder. To become a recognized EnergySave builder, { applicant must complete and submit a Denton Municipal Electric EnergySave Builder Application form to the Director of Electric Utilities . Applicant must also meet the requirements listed in the EnergySave Final Audit form listing the described construction requirements. S. Inspections Installations of central air-conditioning systems will be inspected by the City's Building Inspection Department and must be approved before rebates will be processed. New structures will be randomly audited to insure adherence to the required energy efficient construction specifications. C. Payments to Participants I 11 Equipment Retrofit (Existing residences) Cash payments will be made to the purchaser of the qualifying replacement equipment. ' Paiticipating retail equipment dealers will receive a cash payment of $20 per unit for the sale of window units, central air conditioning systems, or heat pumps to offset their cost for properly filling out the applications for purchasers of retrofit equipment. 2 . New equipment and structure incentive Program participants are responsible for submitting the correct information. The Utility Department will not issue any additional payment ` unless the payment was incorrect due to a j mistake in processing by a City employee. The f (1/\ twenty dollar {$20.00) payments to dealers will be made only if they supply the qualifying equipment to the customer or builder who is paying for the installation of the equipment. 4 9 I Dealers and purchasers may be denied payment for failure to follow program guidelines such ass failing to supply correct square footage or SEER/EER figures; installing equipment which is not new; replacing part of a split system; or failure to fill out rebate forme props:-ly. Payments will be made to customers who purchase and install new qualifying equipment . If a tenant purchases and installs qualifying equipment, the pay,sent is made to the tenant . If the owns: of rental property purchases and installs qualifying equipment, the payment is made to the owncr, If the purchaser of a mobile or custom home selects and pays for a qualifying unit, the purchaser will receive the rebate. II. CENTRAL ELECTRIC AIR CONDITIONERS AND HEAT PUMPS A. A new condensing unit with an inside evaporator coil will qualify if matched, as specified, in the current issue of the ARI Directory of Certified Air Conditioners and Air Source Heat Pumps and the unit meets the minimum ratings as specified in the 1998 EnergySave Program, If the unit is not in the current ARI Directory, the manufacturer's latest data approved for publication will be accepted. If the unit is not in the current ARI nirectory or data approved for publication, the average of the high and low SEER/EER coil only, not including blower coil., will be accepted as listed in the 1 current ARI Directory, v E. Computer simulations may be - aed if ratings are not listed in the _urrent ARI Directory, provided the following criteria are meta 1. Systems using mix-matchtI coils must meet all established program guidelines to � qualify for a rebate . r d� 2. The computer simulations must be signed, certified, and dated by a registered profes- sional engineer and an officer of the company making the submittal , 5 � 10 c, 3. The engineer who certifies a simtlation must attest to the accuracy of the input data, the validity of the calculation procedure used, and ! that the rEjulte are iu accordance with Department of Energy approved .methodology. 4 . A complete set of the input data and an in- dication of the source of the data must accompany the simulated ratings , S. The simulated ratings must be based on the condensing unite tested combination as listed in the current ARI Directory or latest data approved for publication and identified by the correct model numbers of both the condensing unit and coil as listed in the current ARI Directory. 6. Simulated ratings must ntt exceed 205 of the SEER rating of the tested system used as a base. 7. An open file of computer simulations will be maintainei at the Energy Management Office. Supplying erroneous ratings or data can lead to disqualification of those involved from further program participation, C. Program Capacity and Payment Formula 1. The maximum allowable BTU per hour capacity eligible fur a residential rebate is determined by iividing the square footage of the air-conditio,.-A area by 600 and multiplying by 12, 000. Exanple: The Program Capacity for an 1,800 square foot house lot V 1.800 ■ 3 . 0 !c 12,000 = 36,000 BTUH 600 r^ The City will pay a rebate on p unit that meets 6 I1 t S t program efficiency standards and is sized at 36,000 BTU11 or less. 2 . Actual payment will be determined by dividing the BTUH of the installed unit (lip to, and including the Program Caparity) by 12, 000 and multiplying by the incenti% � The incentive amounts and SEER ratings are refer- enced of the "1998 EnergySave Program: Methods Used in Determining Equipment Efficiency and Eligibility," and are incorporated herein as if fully set forth at length: Example As A person in a 2,100 square foot house installs a 42,000 STUB central air conditioner with an SEER rating of 12.0. 2. 100. 3.5 x 12, 000 - 42, 000 Program Capacity 600 42.000 3.5 x $100/ton • $350 .00 Incentive 12, 000 Example Bt A person in a 2, 400 square foot house installs a 60, 000 STUH central air conditioner with a SEER rating of 12.0. 2.400 4 x 12, 000 ■ 48, 000 Program Capacity 600 48.000 4 x $100/ton • $4n0 Incentive 12, 000 Example C: A person in a 2,400 square foot house installs a 60, 000 13T11M central heat pump with a SEER rating of 12.0 . 2,400 4 x 12, 000 • 48, 000 Program Capacity 600 49, 000 4 x $150/ton $600 Incentive 12, 000 9 12 Minimum SEER/EER Central P.ir Conditioning Rating jncentiv Single Phase (SEER) 12. 0 $100 / ton*$ Three Phase (EER) 12.0 $100 / ton Single Phase (SEER) 14 . 0 $125 / ton Three Phase (EER) 14 .0 $125 / ton Central Heat Pumps Single Phase (SEER) 12.0 $150 / ton Three Phase (EER) 12.0 $150 / trn Single Phase (SEER) 14.0 $175 / ton Three Phase (EER) 14.0 $175 / ton Room Air Conditioners 10.0 $ 50 / unit Room Heat Pumpa 10.0 $ 50 / unit Geothermal Heat Pumps 12.0 $500 / unit pggyperheater (waste heat reclamation device) $150 / unit * Refer to 41998 EnergySave Program; Methods Used in Determining Equipment Efficiency and Eligibility" 1 For calculation purposes, one ton equalo 12, 000 BTUH P wour Doeument►10rd inancea f eN the rMs ve Schedule Amend e•!l.doc j s f !3 i J\ l ' Aoandtl Na��� AGENDA INFORMATION SHEET o 1 AGENDA DATE: June 15,1999 DEPARTMENT: Engineering& Transportation CM/DCM/ACM: Rick Svebls, Deputy City Managereo SUBJECTI Consider an Ordinance Partially Vacating a Certain Utility Easement Recorded in the Deed Records of Denton County,Texas,at Volume 1933,Page 268, As It Pertains to Lot 11, Block 6, of the Hannah Estates, Phase 11 Addition to the City of Denton and Known As 1401 Oxford Lane; and Providing For an Effective Date. BACKGROUND: Alvin W. Stenzel is the owner of Lot 11, Block 6, in Hannah Estates, Phase 11, located at 1401 Oxford Lane. He is requesting the partial abandonment of the south 10 feet of a l6 foot wide Utility Easement at the rear of said Lot 11, In order to construct a swimming pool. Mr. Stenzel contacted the utility companies in advance and obtained an approval letter from GTE, which is the only utility occupying said easement(see attached). Another 16-foot wide Utility Easement is located rt the host of the subject property and is in use by the other utility companies. Site maps are attached illustrating the proposed area of abandonment. OPTIONS: Approval abandons 10 feet of a 16-foot easement, which is partially in use by one utility, and r allows the :+operty owner to more fully develop or improve the subject property. Denial retains the full width of an easement in use by one utility and prohibits the property owner from improving the subject property as planned. I RECOMMENDATION Approval is recommended in order to allf,w the property owner to improve the subject property I as planned. I ESTIMATED SCHEDULE OF PROJECT: None %1e N r PRIOR ACTION/REVIEW[Council. Ft►arda.Commb>rl ; 1 I � I FISCAL INFORMATIONv None BID INFORMATION: None MA Attached Respectfully submitted: JWClsrl,Fhredor Engineering do Transportation teva Technical Assistant z i i n Fs 1 4 &AM► momme 1 T'llom PMM 4 mmm IS am 0 0 c c c c LIP MYLI Y. � LI MoM iW LI IN i h170 774t1Y41 }1tl ! ! ZQ _�4�� :Ir a4i1 "d41�1 TiFTi'fF�fA�—Cp— .... .... ..... 401 1. At 1!0 414 411 LV h j t 10 1 ■ � ' , ssn ,,n Il � : 121 401'• 407111 •y"�. •i ! 4..1 ."__. �•• 9 e l �'1 ' �`'■ ! a 1 1 '' C a ! I 1 t .;p .• ' 1 a. 1417 If . { 1 0 rr. 19 !, � $ 61 • .. V t�5�� t401 F14 1 1401; {-Oa) N� . L� f7 f ' 43 3A 1 . f t 1 it ti AMA a � � • � a '�$ X10 � � 4 t 17 �``' \ �CI 1 416 ,;�� • ' 3��ti� 1 Z'Aj 4a':\ 414 CA '� 4.. •y: 11.00 . . 1 • ly � •' t 1 a o' ` \� 1 4 6 0 0 604 a� 111 .� '1 ! e. C�,' `. 0 /0` •.., %I •' t � 1111 ,� "•........ c MAPS MAPSOALE V ■ 200 FYI 4 1 - C .. Act 387°t{Co' P. •---- / ijrT� to AFWA oP YRMsED ' bwcGk G LOT 11 r Q" I•I' ., ,,`,� i "' LO? I I, 16LOCK 61 t r t { HAWNAN LISTATt!S, 1 •re �� r f.Tb AmirioN To THe CITY de CO-WTOW, { TO 7140 MA-r TNelzieser- ,Tee-r e;' �!. , `,`!�' � Rt�co►tt� I N iL •x,ex ! I�� t s CAi1NP..�' -Ot FOAC13 N Pouts, err sews, 4 'r 17s-174, PEA? RLLCOM06 O �e 'i O Oa5NTn1J COt1NT'{ 11�fJ�rS. .. r 1 r � � tV t' l (cc,MMQJ1J-( KtdOv� AS 0 •` •� � ' i " 1401 OXFORD .6yew) lee' 'SU4 f• S po plat r oy��O'� �,I •' l " fflaT f.lb �� 1a, , • !i�'L�r"' � •-- ----� ,,1 W!N fw�� 1�MifW Y����(`JJ tJeYf 4t 4ef, �' } Vey, Ilex I ri, 7a rL7rAS ve1. !J 87°581 t 75,3!' ur uM4It,C�6e 4440 � . .�_ OX1�01ZD 5TQEET F he Plat hereon Is a true and accurate representation of the property as determined by urvey made on the ground,the lines end dimensions of said property being as Indicated n the Plot. The site, locatfon and type of buildings and improvements are es shown, all mprovements being within the boundaries of the property, except as shown, setback rom the property lines Is as shorvn and the distance from the nearest street or r as shown on the Plat. There are no v(Nble encroachments, visible protrusion 0*+ easements, except ee shown on the Plat, y1?• '';+� 1 t oothsc osltily that no pest, M d 5 -,,_ s t �I 04/12/99 M 5e DEN CCN + 940%67511 tC ON Vol QTr NNWNtf tteNlela TaxaUMaw tMaks Orarslton 3111 mom Ibeet Note",TX 11201 Apra! 12, M9 Al Steam! 1401 Oxford Laae Dentott,Tease 76201 Dear Mr. Stenzel: GTE hu no 01400800 to the PatW ebendoA apt of the 16 A Utility euamaat be"Lot I 1 Block 6 of Haeaah EeW"Phase T. GTE spec to abandon 10 ft of this easement. Howswr, any lacuned exPMW essoaiated with any nWM y teW WQ@ of the cable withid&a 10 R abandoned eettioa of the aesanxnt will be at your expeeee, it you agree to amp these o w$ft plwe eipt below and retnnt to:Orr,3897 Moritz St, Dotter, Tama 76208 a faa to(9r0)3d7• 1022, It you have any quesdom,Please call tae at(910)381.9294. Thank You, Steven ONIsky Daipet OSP 1 urea to accept any exp111�c� a of cable wlt 10` section of the eaknt r ,Deal n �A� ` G r , i � r 6 { t. �aawu.w.r�an.ore.wa...waruao�.r.r, I ORDINANCE NO. AN ORDINANCE PARTIALLY VACATING A CERTAIN UTILITY EASEMENT RECORDED IN THE DEED RECORDS OF DENTON COUNTY, TEXAS AT VOLUME 1953, PAGE 268, AS IT PERTAINS TO LOT 11, BLOCK 6, OF THE HANNAH ESTATES, PHASr 11 ADDITION TO THE CITY OF DENTON AND KNOWN AS 1401 OXFORD LANE;AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request for the partial abandonment of a certain utility easement;and WHEREAS, the Development Review Committee (DRQ for the City of Dentin, Texas reviewed the requested abandonment and recommended approval, and WIIEREAS, the Council of the City of Denton, Texas has determined that the utility casement being partially vacated is no longer needed fo public use since another utility easement(16 foot) is located at the front of the lot;and WHEREAS, the fair market value of the utility easement being abandoned has been determined and received, as required by section 272.001 of the Texas Local Government Code; NOW,THERFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L That the south 10 feet of a 16400t uti!ity easement at the rear of Lot 11, Block 6 of the Hannah Estates, Phase 11 Addition recorded in Cabinet D, Page 173 of the Plat Records of Denton County,T,:xas, known as 1401 Oxford and being more particularly described in Exhibit A, attached hereto and incorporated herein by referenced, and pertaining to a portion of property out of the 1. Carter Survey,Abstract No. 274 recorded in Volume 1953, Page 268 of the Real Property Records of Denton County,Texas, is permanently vacated and extinguished as a public utility easement, to the extent described in said exhibit. SECTION IL That by reason of such vacation the City of Denton's property interest in the vacated portion of said easement shall, by operation of law, revert to the owner or owners abutting the easement herein abandoned, and the City of Denton releases any and all claims to the use of the vacated portion of said property as a public easement. r SECTION 11L That this ordinance shall become effective immediately upon Its passage and approval r 7 G U cuawrr..rr',aa.e...+.aawwrnro.or...r, PASSED AND APPROVED this the day of . 1999. JACK MILLER,MAYOR ATTEST, JENNIFER WALTERS,CITY SECRETARY III BY: i i APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,CITY ATTORNEY eQ . I �I i i r�1 I Pole 2 of 2 j C, B%RIBiT "A' ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, state of Texas, in the 0. Carter survey, Abstract No. 274, and being part of Lot 11, Block 6 of Hannah Batates, Phase lit an addition to the City of Denton as recorded in Cabinet D, Page 173 of the Plat Records of Denton County, Texas, and being part of the tract conveyed to Alvin W. Stengel and Marilyn A. atensel by dead recorded in Voluas 1953, Page 260 of the Real Property Records of Denton County, Texas, and also being the south 30 fast of a 16 foot utility segment at the rear of said Lot 11, and being more particularly described as followal COMMENCING at the southwest corner of said Lot 11, sass being the southeast corner of Lot 12, of said Block 6, of Hannah Bstates, Phase ii Additions THENCE Worth 02° 01' 456 Bast, along the west line of said Lot 11, a distance of 121.16 feet to a point at the intersection Of the south line of said 16 foot utility easement, sae being the POINT OF BEOINNING1 THEWC2 North 02° 01' 45" Bast, continuing along the west line of said Lot 11, a distance Of 10.00 feet to a point for corner on the west line of said Lot 11i THENCE south 670 460 006 seat, parallel to the north line of said Lot 11, a distance of 75. 51 feat to a point for corner on the east line of said Lot Ili TRSNCS South 026 01' 45" Nest, along the east line of said Lot 11, a distance of 10.00 foot to a point for corner at the intersection of the south line of said 16 foot utility eassentt THENCS North 170 46t 00■ Hest, parallel to the north line of said Lot 11 and along the south line of said 16 foot utility eassaent, a distance of 70.31 feet to the POINT Of ASUMING and Containing 795 square foot of land. r 9 G` i Ape�e lows film . _. AGENDA INFORNIA1'1ON SHE 11, DIM r AGI:NDAD:1'IE: JUNE15, 1999 DEPAR'T'NIENTi Engineering& TransporialIon �y CM/DCM/ACM: Rick Svehla,Deputy City Sin naner t? SUBJECT CONSIDER AN ORDINANCE APPROVING A REAL E5l'ATF CONTRACT DE'[WEEN THE CITY OF DENTON AND THE SALVATION ARMY, A GEORGIA CORPORA'T'ION, RELATING 'I'O THE PVRCIIASE OF 0.002 ACRES OF LAND FOR 'IIIE EXPANSION OF I.I. S. lllG111VAV 77 (PARCEL 41), AUTHORIZING THE EXIT:ND11't[Rl's 01' F(iNDS'I'IIERF.I,ORI AND PROVIDING AN EFFECTIVE DATE. IIAC'KGROUND: Mr. Raymond A Couper, Vice-President for the Salvation Anmyhas executed o Real Estate Contracl for the required right-of-way for the U. S. Highway 77 Widening Project. The contract amount ofs2S0.00 is the minimum amount (for a corner clip)to be offered under 'IX DOT guidelines. The actual fair market Wuc for the land Is 580.00 as determined by an independent appraiser and reviewed by a separate appraiser for conformity and as required by the 'Texas Department of Transportatlon ('1'x1)0'11'). The Appraiser and Relew Appraiser services were approved by the City Council In 1997 (Professional Son Ice$ Contracts). Iur IONS. Not Applicuble PLUME" : DA'TION: Staff recommends approval of the real estate contract between the Clty of Denton and The Snhation Army for the purchase of 11,002 acres of land for widening U.S. Ilwy. 77. PRIOR ACI IONJRLUOY(Council. Boards.Commissions): 'I lie Planning& Zoning Commission recommended approval on July 13, 1997. FISCAL INEORMAJ ION: lire purchase price is S2%00 plus closing costs of approximately 5300.00, c 1 0 U r i s Attached Respeclrully submitted: 1 —_ J r Clarg Mrector Pre red by: EWnetrini& Transportation Paul Williamson Right-of-Way Agent � • Ai: f Or b 2 u K i I H NO SCALC ' I 4� as L is WN AL r �r a i E LOCATION MAC 3 a i I 4 m r .. UL IKON Can, i � � .�.�...... ...�, r•�r_�. 1 .� COW. , WI il- 1 �,. � /•p�-�� 1 � • i VC Gel :RI..::'.".�'.7.. iz CW u" n $CAN! 1"•1 Parent Tract or t AcqulNtlon Area H ilY! MA1�' 4 i • c runntag and Zoning Mlrmtes JAY 23, 1997 Page 2 Ms. Scbertz: Are there We will vote on the �other msnioatiom? ].f there no Done, t►omiaations aro closed. then slier I e nominees In the order of their nomination. I will IIat their name and tht ottgtl if you will tabu your right} it you in in favor. As nmy u are to favor of Jim Engelbmht please wise your right hand. (Vote • 3) As mWY at are In favor of Ellen Schein please raise your tight hand. (Vote • �) The ttaw CMdr As ar by majorlty to Ellen Sehettztz. lbany,yon, For the second nominee we will be electing Vke-Chair peraon. TMe floor is open. Ms. Apple: I would like to nomitute Bob Powell. Ms. Scheru: Are there any Auther nomiaadons? Mr. Moreno: I would nominate Mm Engelbrecht. Ms. Scherm: Are there lay tUnber aomingdons? Seeing none, nominations ire closed. '• As many as are in favor of Bob Powell, please site your tight Maad. Nom •4) Seeing there is a nworlty, the new Vice-C.halr person will be Bob Powell. Congramiations, M. Consider approval of the minutes of the July 9, 1997 meeting. Ms. Schertz: Ate there any cormdom? Seeing none, the minutes wW atonal apptnved as written. (�(f N. Consider making recaamenyilon to the City Council for the acquisition of the Right-of. Way for U.S. 377 from P.M, 2164 to 1•33. Mr, Powell: That's not 377 but is 77. Ms. Schein: You are correct. Let the mhmtea reflect that. Mr. Powell: I would move that we recommend to the City Connc(1 the acquisition of Right-of•Way for US 77 from PM 2164 to i•3S. Ms. (}gazer: Second. MS. Schertz: Is there any dbanssion? All is favor, plena raise Your right hard. Motion passes. (7-0) V. Consider MA da` recommendadoa to the City Council for the acquisition of the Right-of- Way for Lalrevtew NWevard, Mr, Powell: I move that we maim 1`000211114ndstion to the City Council for the acgnWdon of the Right-of.Wsy for Lakeview Boulevard, Mr. Eagelbmht: SecoM 5 v /JIW IDplT1C.A�,�IQJ�wYNJA.i Mp h1111 N ' ORDNANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND THE SALVATION ARMY, A GEORGIA CORPORATION, RELATING TO THE PURCHASE OF 0.002 ACRES OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCEL 40; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON,TEXAS HEREBY ORDAINS: SECTION I. That the City Manager Is hereby authorized to execute a Real Estate Contract between the City and The Salvation Army,A Georgia Corporation, in substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of 0.002 acres of land for the expansion of U.S. Highway 77 (Parcel 41). SECTION 11, That the City Manager is authorized to make the expenditures as set forth In the attached Real Estate Contract. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 01999, JACK MILLER,MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY l M ' BY: ----- APPROVED AS TO LEGAL FORM, HERBERT L. PROUTY, CITY ATTORNEY f� C 6 c AM 89TAT8 CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS�fJ?J90T OF SALE is made by and between the SALVATION ARMY (hereina Mi referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser") , upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and appurtenances pertaining to the said property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all -)f such real prop- erty, rights, and appurtenances being hereinafter referred to as the "Property"1 , together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. Seller shall pay all cost for the removal, installation, construction, reinstallation, reconstruction, labor and materials for any and/or improvements ' located within the property described in Exhibit "A", Any improvements not removed by JUNE 1, 1999 shall become property of the City of Denton, Texas, I PURCHASE PRICE 1. Amoot of Purchase Price. The purchase price for the ` Property shall be the sum of $750.00. I 7 , payment of Purchase Price. The full amount of the Purchase Price shall be payable it, cash at the closing, PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the transactions contemplated hereby are subject to the satisfaction . of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. h r I' c: 1 . Preliminary Title Report . Within twenty (20) days after the date hereof, Seller, at Seller's sole cost and expense, shall have caused the Title company (hereinafter defined) to isaue a owners policy commitment (the "Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc. , affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as see forth in the Commitment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfa:tory, Seller shall, at Seller'o option, promptly undertake to eliminate or modify 211 unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unablaa to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes; otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2 . Survev. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The :,urvey shall be staked on the ground, ani shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor' s certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof . Purchaser will havo ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall, at Seller 's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. AhF.009FF PA06 2 I I'` 8 i i I I i I 3 . ftller's Compliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. REPRESENTATIONS AOD WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing dates 1 . There are no parties in possession of any portiLn of the Property as lessees, tenants at sufferance, trespassers or other partite. 2 . Except for the prior actions of Purchaser, there is no pending or threatened condemnation or elmilar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules ani restrictions relating to the Property, or any part thereof. 4 . To the best of the sellers knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such ' toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA) , as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) , as amended. CLOSING The closing shall be held at the office of Dentex Title Company on or before June 30, 1999, or at such title company, time, data, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date,' . i x �A r Attoolty FAGS 3 9 v u CLOSING REQUIREMENTS 1. Stiller's ReWlirements. At the closing Seller shall : A. Deliver to State of Texas, acting by and through the Texas Transportation Commission a duly executed and acknowledged Deed in the form as attached hereto as Exhibit "B" conveying good and marketable title to all of the Property, free and clear of any and all liens, encumbrances, conditions, easemonts, asserA: its, and restrictions, except for the following: 1 . General real estate taxes for the year of closing and subsequent years not yet due and payablel 2. Any exceptions approved by Purchaser pursuant to Purchaser' s obligAtiou here- of; and 3 . Any exceptions approved by Purchaser in writing. B. Deliver to Purchaser a Texas owner's Policy of Title Insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the "Title Company") , or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the purchase price, insuring fee simple title for the State of Texas to the Property subject only to those title exceptions listed in Closing_ Aemirementa hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas owner's Policy of Title Insurance, provided, however 1 . The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs ass00%ated with same shall be borne by Purchasers t' Aj i e 2. The exception as to restrictive cove- ��. nants shall be endorsed "None of Record"; f. A66aasxs PACs t 10 i I I l l Jr' ! R 3 . The exception for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable" ; and 4. The exception as to liens encumbering j the Property shall be endorsed "None of Record" . C. Deliver to Purchaser possession of the Property on 1 the day of closing. 2 . Purchaser's Rectuirementa. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. { 3. Closing Costa. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other costs r.nd ecpenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser REAL ESTATE CommrssION All obligations of the Seller and Purchaser for payment of brokers' fees are contained in separate written agreements . BREACH BY SELLER ' In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser'r default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to seller, 4 BREACH BY PURCHASER i In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific ' . A' performance of this Agreement, or terminate this Agreement by (�,-� ' C written notice delivered to purchaser. f r.rtoaera aAae 4 c, MISCELLANEOUS 1. Assignment of Agreement. This Agreement may be assigned by Purchaser without the express written consent of Seller. 2 . Survival of Covenants. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3 . Ntic . Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law to Aooly. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. S. Parties Bound, This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and &&signs where permitted by this Agreement . 6. Legal Const:'uc io . In case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- validity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7 . Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. B . Time of E@genr.s, Time is of the essence in this Agreement . I ' i AEC006EE PACs 6 12 i i i 9. Gender. Wirds of any gender used in this Agreement shall be held and construed to Include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Meesorandum of Cnntract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. Compliance. in accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that insurance it should be furnished with or obtain a policy of title or Purchaser should have the abstract covering the Property examined by an attorney of Purchaseris own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notica to Seller. DATED this day of , 1999. SELLER PURCHASER THE SALV TION ti '= THE CITY OF DENTON, TEKAS Syl s L 8Yi NAME WONDA VICE NT Michael N. Jez TITLE City Manager 215 E. McKinney Denton, Texas 76201 AEEOOBFS PM2 I 43 o c: h STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this _ day of, 1999 by Michael W. Jez, City Manager, of the City of Denton, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. Notary Public in and for the State of Texas STATE OF TEXAS j COUNTY OF DENTON This instrument is acknowledged before me, on this day of 1999 by Notary Public in and for the State of Texas r AEeaoere ME ! 11 c a EXHIBIT'A' County Denton Page 1 of 1 Highway U.S. 77 Project Limits: From f.ti. 35 Rev. November 3, 1994 To CSJ: 0195-02, Account: FIELD NOTES FOR PARCEL.q BEING A PARCEL OF LAND SITUATED IN A CALLED 2.90-ACRE TRACT OF LAND CONVEYED TO BAPTIST MISSIONARY ASSOCIATION OF TEXAS, DEPARTMENT OF MISSIONS, INC., RECORDED IN VOLUME 2542, PAGE 668, DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING SITUATED IN THE 91.81 It C.R.R. SURVEY, ABSTRACT NO. 188, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING for reference at a found 112-Inch Iron rod for the southwest corner of said 2.90•acre tract, some being a point on the exteting north right of way One of Orr Street and on the existing east right of way lint of Bolivar Street; THENCE $ 880 28' 17' E, along the south One of sold 2.90-sore tract and existing north right of way lint of Orr Street, a distance of 300.01 feet to a sot 518-Inth Iron rod with an aluminum tip, being the POINT OF BEGINNING and being a point on the new west sight of way One of U.S. 77; 111 THENCE N 420 01' 43' E.s'an9 the now west right of way One of U.S. 77, a distance of 16.24 feet to a set 618-Inch Iron rod with an aluminum cep, being on the "at lint of Sold 2,Mscre tract,on the existing west right of way line of U.S. 77 and being on a non-tsngent circular curve to the right having a radius of 888,24 feet; 121 THENCE southeasterly, with Sold curve to the right common to told 2.90-acre tract and existing west tight of way Ana of U.S. 77, through s delta angle of 01. 04' 51',an are distance of 12.95 feet, and having a chord which beers S 07' 29'06* E, a distance of 12.96 feet to a point being , the southeast corner of sold 2.90-acre tract from which a found 112-Inch Iron rod boars S 470 65' 21' W, a distance of 2,38 feet, end sold point being on the existing north right of way line of Orr Street; 01 THENCE N 880 28' 17' W, along 1116-4 common to said 2.90-sera tract and existing north right of way line of said Orr Street, a distan:e of 12.58 feet to the POINT OF BEGINNING, and containing 0,002 acre, or 80 square feet of land, more or loss. M Tp i \`J�{/_"fr• �i+✓ll�r ,I,t�,1�,lllr���O,,� ��' r (V � �� JOHN F • 111.,, John F. Wilder, R.P.L.S, 1„ W)LDEA" Date Texas No. 4285 „'•'111,1„1 11, .. ' 4422 1 S arlu,av e Taus 1 gwftml orTraavorw= EXHIBIT "B" FOM D61J-11 Pap 100 r Rev. "t f DEED THE STATE OF TEXAS COUNTY OF KNOW ALL MEN BY THESE PRESENTS: Thu, of the county of ,State of Texas,heminafm referred to as Gramm',whether one or Mott,for and k consfdondon of the nun of w��p ld by the State of Texas,acting by And through the TeDollars rasneprtation Catrunlglon��Ooe of roby 0mowledred,and for which no lien is mtd md,Wdw expressed or Implied,have uw day Sold and by these do Grant,Bargain,Sell and Convey ttnto the State of Texas an that oertaln �h " Parcel of land to Co Texas,more pdnicWady described In Ex- A, which Is attached hemp end kcorporated herein any and all purposes. S AYE and EXCEPT, HOWEVER, it is expressly understood and agreed that Grantors are retaitilng ?;do to the following WVmv&=N located on the property described in sold Exhibit"A,"to wit: Gnuuors covenant and agree to remove on ttbove-0escribed ietlptovements from said land by the day of , l9___ subject,however to such extemlom of time u may be granted , by the State in writing; and if,for sny mason,OmmOm ROC relb"to remove same withln Wd od of t e proscribed,then,wkhout any Author oomldwadon,the tide to all or any pert of such ImprovetP°riunts not so removed shall pass to and von in the State of Texas torever. Grantors mews All of the od,gas and sulphur in and under the land herein conveyed but waive all rights of ingress and egress to the surface thereof for the"�mupose of exploring,developkg,ntiatttg or d for Game;however,nothing k this reaervadon shall affect the thle and rights of the State to tshe and use alb other minerrwria and materials thereon, therein and theroander. { f 1 16 / , h c i Texas Npinment d Tranepmwon Form D,IS.14 par 1 of S Rw. 9f91 TO HAVE AND TO HOLD the promises herein described and herein conveyed together with dl and singular the r is and thereto in any wise belonging unto the State of Texas and Its as signs forever, and t raniors do�ourselves,our heirs,executors, adminimton, successors and u• signs to Warrant and Forever Defend all and singular the said Prernises herein conveyed unto the State of Texas and its assigns against every person whomsoever lawf yt>li claiming or to claim the Same or nay part thereof. IN WFI NESS WHEREOF, this Instrument is executed on this the day of 19—. i i ACKNOWLEDGMENT THE STATE OF TEXAS, COUNTY OF J BEFORE Ma, the uodereipmd, a Notary Public, on this day personally appeared known to me (or proved to me on the oath of , a credible wimem) to be the persoo(s) whose mine(s)is(on)subscribed to the foregutag lostnaned and arknowtedged to roe that hehbcAbey executed the tame for the purposes and consideration therein expressed. OWEN UNDER MY MND AND SEAL OF OFFICE, this day of Hoary Public,state of Pexat my omwjsdae Wien on that day of !!!!!!!!!!!!ate!!!♦•!!!1N!!!!!!!!!!!!!e!!!N!1!!!!000064!!1•!!!!H*!!a!!!!!f!!!!!!!! THE STATE OF TEXAS, CORPORATE ACKNOWLEDGMENT COUNTY OF BEFORE ME, the uodenlgeed, a No" Public, on this day Personally appeared , known to l me to be the Person and ol9ar*bore mane Is wbicelbed to the fore{oing ladiumat and admowledled to ma tbn the two was the act of the said , s corporation, that h" was duly sudoired to perform the mw by apptoptim resolution of the board of dheaton of such easposalloe and that bW* executed the mm as the acs of such ca"woo for the pnrpaaw and coadderseloes thsnio expressed,and In the cepadty therein stated OMEN UNDER MY HAND AND SEAL OF OPMC L this M day of , 19_, ' Notary Patdk,star of Texas My Commlulon expires oo the ,_,,,,day of , 19,,,.,•, 17 c� i Parcel No. p county a, "Add Hi�hwaY No. Control 0. Account or Federal No. Job Fes' ` DEED t cc TO (tndoa TM STATB OP TEXAS AUSTIN,TEXAS Flkd qq 'fhb day cf or oNri b A.D. 19_ ,ar o dodo M, Record" A D. 19_. $in of Book County,%u,Reawnb of Deeds, o Other ate _ Canty BY Do c, i Ap+rrda AWds ltim S AGENDA INFORMATION SHEET Date AGENDA DATE: JUNE 15, 1999 DEPARTMENT: Engineering& Transportation CM/DCM/ACM: Rick Svehia,Deputy City Manager ffP SUBJECT: CONSIDER AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND JON WESLEY HESTER, RELATING TO THE PURCHASE OF 0.004 ACRES OF LAND FOR THE EXPANSION OF V. S. HIGHWAY 77 (PARCEL 33); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. I BACKGROUND: Mr. Hester has executed a Real Estate Contract for the required rigbt-0f=-way for the U.S. Highway 77 Wideaieg Project. The contract amount of 5500.00 Is the minimum amount to be offered under TX DOT guidelines. The actual fair market value for the lard is $192.10 as determined by an iadepeodeot appraiser and reviewed by a separate appraiser for conformity end as required by the Tests Department of Transportation (T%001). The Appraiser and Review Appraiser services wen approved by the City Council Is 1997 (Professional Services Contracts). OPTION + Not Applicable RECOMMENDATION Staff recommends opp-oval of the real estate coetract between the City of Denton end Mr. Hester for the purchase o(0,004 acres of load for widening U.S. Hwy.77. p$IOR AC'flON1REVIEW(Cn+ aclL•Uoar�Commlaalon�}); The Planning& Zoaleg Cxmmiwbn recommended approval on July 23, 1997. i FISCAL INFORMATION, The purchase price le S3:10.00 plus closing costs of ipproxlr7ately S3M.& i�' A � 1 c Attached i t, c! Respectfully submitted: Je ry ark, lrector Prepared by: En rleg Transportation i Paul Williamson Right-of-Way Age et I r j , z r c: j H NO SCALE k+ •►.., arm �� 4!.14 ► l►N as M ri i L 'u" f Y � i rr r A Y r raw 3 •r S LOCATION MAP AN 3 i i i C 0[THL C10 • rim yr} 0 P�. . .. ... A 4316"4316" 6�' �" i 110.11 • 4� ro yr it ?t DETAI ?IOT WO fCAL1 ,' d ,v' A�AJ Or WT ONE w LOT S to It �yRVC ~� �Y' ! MJt+noq ` V` •` 4 r .. .. 13� W N Wit !7 kM I All f f to `• f 158 S.F. OR 0.004 AC. SITE MAN 4 r, riann:ng and Zoning Minutes hly 23, 1997 Page 2 r yl MI. Ste:: Are there any otber nominations? U than are none, ooMWdone Ue closed. We will vote on the nomtaees in the order of their nomination. I will Wt tbeir acme and then after I Sin through if you will rake)"�ttr right hand if you ate in favor. As malty as are in favor of?Ito Engeibrecht pleats rape your right hand, (Vote -3) As MW as are In favor of Ellen Schertz pleats min your right band. (Vote •4) 7266 new Cbsk by majority is Ellen Schatz, Thank�'by I For the second nominee we will be electing Vke-Chair person. 7Le floor is open Ms. Apple: I would lice to aomiaate Bob Powell. Ms. Schein: Are them any Atrther nominadon17 Mr. Moreno: I would nominate Ant Bogelbrecht. Ms. Schertt: Are there Say further nominations? Seeing cane, nominations are Closed. I As many u are !n favor of Bob Powell, plebe raise your right hand. (Vote • 4) Seeing there IS a mg0tity, the new Vice-Chair person will be Bob Powell. ConSmAdont. M. Consider approval of the minutes of the 7uly 9, 1997 mewing. Ms. Schertz: Are there any cormaom7 Seeing note, the minutes will hand approved at written. IV. Consider making remmmendAtion to the City Council for the acquisition of the Right-of Way for U.S. 377 firm P.M. 2164 to I.35, Mr. Powell: MVI not 377 but is 77. Ms. Schertz: You Sre Correct. Let the miauta reflect that. Mr. Powell: I would move that we recommend to the City Council the SCquitltion of Right-of-Way for US 77 ftom FM 2164 to I.35. Ms. Noun Second. Ms. Schertz: L there any dlacastlon? Ali In favor, plebe raise your right hand. Motion WIN. (7.0) V. Consider making recommend.tdon to the City Counc)f for the aequlrldoa of the Way for Lakeview Boulevard. Right-of. , r � Mr. Powell: f move tbSt we nuke reeommeadndog to the Clty CQ=11 for the uQnWdon ! f of the Right-0f•Way for Lakevfeav Bottievard, Mr. Engelbrecht: Second. 5 1 I I I w ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND JOHN WESLEY HESTER, RELATING TO THE PURCHASE OF 0.004 ACRES OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCEL 32); AUTHOR171NO THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON,TEXAS HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute a Real Estate Contract between the City and John Wesley Hester, In substantially the form of the Real Estate Contract which Is attached to and made a part of this ordinance for all purposes, for the purchase of 0.004 acres of land for the expansion of U. S.Highway 77(?arce132). SECTION II. That the pity Manager Is authorized to make the expenditures as set forth In the attached Real Estate Contract. SECTION Ill. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: µ APPROVED AS TO LEGAL FORM: HERBERT L. PROD fY,CITY ATTORNEY E t'� BY. r � r 6 c� AM ESTATE CONTRACT 4 STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between JON WESLEY NESTER (hereinafter referred to as "Seller') and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "Purchaser") , upon the terms and conditions met forth herein. PURCHASE AND SALE Seller hereby sells and agreea to convey, and purchaser hereby purchases and agrees to pay for all that certain tract, lot or parcel of land described in Exhibit "A" attached with all rights and eppurtenances pertaining to the said property, including any right, title Pnd interest of Seller in and to adjacent streets, alleys or rights-of-way 411 of such resl prop- erty, rights, and appurtenat?ces being hereinafter referred to as the "Property") , together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter met forth. Seller shall pay all cost for the removal , installation, construction, reinstallation, reconstruction, labor and materials for any and/or improvements located within the property described in Exhibit "A" . Any Improvements not removed by August 1, 1999 shall become property of the City of Denton, Texas, PURCHASE PRICE 1. Amount of Purchase Pries, The purchase price for the Property shall be the sum of $500.00 , 2. PA=tnt of Purchase Price, The full amount of the Purchase Price shall be payable in cash at the closing. PUR, OMER IS OBLIGATIONS A The obligations of Purchaser hereunder to consummate the transactions contemplated hereby ore subject to the suisfaction � of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 7 r. l 1. Preliminary Title Rem, Within twenty (20) days after the date hereof, Seiler, at Seller's sole cost and expense, shall have caui;ed the Title Company (hereinafter defined) to issue a owners policy commitment (the ■Commitment") accompanied by copies of all recorded documents relating to easements, rights-of-way, etc. , affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that th& condition of title as set forth in the Commitment is or is not satisfactory, in the event Purchaser states the condition of title is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. in the event Seller is unable to 4o so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposest otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2 . SurveyC• Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of- way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total &cram comprising the Property, together with a metes and bounds description thereof . Purchaser will have ten (10) days after receipt of the survey to review and approve the survey, in the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall, i at Seller's option, promptly undertake to eliminate of modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. in the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Sscrow , Deposit shall be returned by the Title Company to Purchaser. ' A Purchaser's failure to give Seller this written notice shall be I deemed to be Purchaser's acceptabce of the survey. usooers rAUS a 8 r , 3 , selier�s ..�+ ---- Boller shall have performed, ob- ti served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be perforaaid, observed, and complied with by seller prior to or as of the closing, REPRESENTATIONS AND WARRANTIES OF SELLER Seiler hereby represents and warrants to purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing dater 1. There are no parties in possession of any portion of the Property as lessees, parties. tenants at sufferance, trespassers or other Z- Except for the prior actions of purchaser, there is no pending or threatened condemnation or similar proceeding or areessmant or suit, affecting title to the property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any govern,nsntal authority, 3. seller has complied with all applicable laws, ordinances, regulations, statutes, ruler and restrictions relating to the Property, or any part thereof. 4 . To the beat of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are noE limited to, hazardous materials or wastes ar same are defined by the Resource Conservation end Recovery Act (RCRA) , as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) , ar amended. CLOSING The closing shall be held at the office of Dentex Title Company on or before July 30, 3099, or at such title Company, time, date, and place ar Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date") , j t t , AE1006FE PACE 1 9 Q I I i CLOSING REQUIREMENTS � 1 . Se11er'■ Reggirements. At the closing Seller shalli A. Deliver to State of Texas, acting by and throsgh the Texas Transportation Commission a duly executed and acknowledged Deed in the form as attached hereto as Exhibit "E" conveying good ari marketable title to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the followings I. General real estate taxes for the year of closing and subsequent years not yet due and payable, 7. Any exceptions approved by Purchaser pursuant to Purchaser's Oblige leas here- ofj and 3, Any exceptions approved by Purchaser J a writing. B. Deliver to Purchaser a Texas Owner's Policy of Title Insurance at Purchaser's sole expense, issued by Dentex Title Company, Denton, Texas, (the "Title Company") , or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the purchase price, insuring fee simple title for the State of Texas to the Property subject only to those title exceptions listed in Closing Requirements hereof, such other exceptions as may be approved in writing by j Purchaser, and the standard printed exceptions contained in the usual form of Texas Owner's Policy of Title Insurance, provided, howevars I I . The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Purchaser) 9 . The exception as to restrictive cove- nants shall b-1 endorsed "None of Record" At60011'2 PA02 4 !0 i u D. The exception for taxes shall be t limited to the year of closing wid shall be endorsed "Not Yet Due and Iayable"j and 4. The exception as to liens er..cumbering the Property shall be endorsed "None of Record" . C. Deliver to Purchaser possession of the Property on the day of closing. 7. Purchaser's Renuiraments. Purchaser shall pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. 3 , closing Cos s. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be paid by Purchaser REAL ESTATE COMMISSION All obligations of the Seller and Purchaser for Y�+a ent of P brokers' fees are contained in separate written agreements. BREACH BY SELLER In the event Miller shall fail to fully and timely perform I any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to seller. BREACH BY PURCHASER µ In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations not forth in PURCHASERS OBLIGATIONS having been satisfied and Purchaser being in default seller may either +nforce specific performance of this Agreement, or terminate this Agreement by written notic-i delivered to purchaser. , A�` : c AE900I1S p � 11 MISCELLANEOUS 1 . Assicnmene of agreement. This Agreement may be assigned by Purchaser without the express written consent of Seller. 2. Survival of eovenan ■, Any of the representations, war- ranties, covenants, and agreements of the parties, ae well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notiaa. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addressed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law to Ugly. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. S. Parties aennd, This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, admiriiatrators, legal representatives, successors and assigns where permitted by this Agreement. 6. LAW conetruel ion, In case any one or move of the pro. visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- validity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7, Prior Aareementa eupersaded, This Agreement constitutas the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter, 0. Time of ressence, Time is of the essence in this Agreement . i 11r� Aaaaaera aAat 12 n c. 9. .40MI A:. Words of any gender used in this Agreement shall ► be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, un!ais the context requires otherwise. 10, Memorandum et Contract. Upon request of either party, both parties shill promptly execute a memorandum of this Agreement suitable for filing of record, 11. CQMVliAnU. In accordance with the requirements of the Texas Real Rstat• License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchassroe own selection. 12. rims Limit , In the event a fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days aftar Purchaser executer, this Agreement and delivers same to Sol- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seiler, DATED this day of 1999. SELLER PURCHASER THE CITY or DErmo TEXAS , 8Yi s Neste Y Michael N. Jos City Manager 215 F. McXinney Denton, Texas 76201 { t �►tcaarE PACs D f 13 t CI STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of- , 1999 by Michael V. Jez, City Manager, of the City of Denton, a municipal corporation, known to me to be the person and officer whose name is a-abscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purposes and consideration therein expressed, and in the capacity therein stated. Notary public in and for the State of TOMB STATIC OF TEXAS COUNTY OF DENTON Thj,7 instrument is acknowledged before me, on this 4 day of 1999 by Ion xesley Heater .x-.xcc no public in and far of Texas , , �r v hfy Comnrly!'.m C4i ¢L�'2A�- 1 14 ram u U-14 Pop d3 Rw. A91 DEED nM STATE OF TEXAS COUNTY OF INOW A1.L MEN BY IMSE PRESENTS: Thu, of the Cou q of StW one or more,for and 1n=Nwmwm of the am ofaf��'hate111afier telknted to at amftr j whazhu w bend paid by d1e State otTans,scdojby umd )to ors whkh b hereby admowkd jed,and far wideb no aaQ�°�0A� of day Sold and by d1e<a pt do GdA t.Batjain,UR and Comwy tmoo dre Snte of Tmu alf do aeastn �h a p Hof Land 10` _ , `._cm9Y,Tarr,om a P IatiY duatbed la Ex- A, sttaahsd 6aato aM lrraotpaaated 6stefn i�iox toy and d1 parposec SAVE mW EXCEPI'I 80WIMM a b e:lueealy ttrtderstood aad astead thr Oraotars ore 1ealnbt dde to the tODMlm j mmn looted an the p t"ty decd-led In tall 1saldbdt"A."b wk- i day o ors tovaant ead epee n senora due above hwmvammn aom said laod by the byydm -- fa ' 19� sobfeet,bo mm, to snap argemttant Of time as mry be time pr eabed, al, '�m �{ ndne to fOul w M=withitl Wd pet f mot so mmved aha11 pats to am]vveat �the air ac aoy pert of sneh improve W:s Orantots reswve aA of the otl,jar and in and under the land helafa F bar wawa all I of Lap=amd etas to the sarfaoe t6eleof dx the of agtlorimj,daval as611np ar dtl�Ilt1b` t Larne;howevery t1a1sL1 j in thlt lrtaervadon dta+�ad�ea ibe tide and s1�t od the o ak t>etd na aII other mtnerab and maftrws dsaem thelebl and t6aemlder. i 15 a,eoa u•u-u t hp o(3 R1v. 4x91 TO HAVE AND TO HOLD die pmmbas budin dmn%.Yi and>> *W convoyed lopdar with as aid sinw forever,tmd�do 0 a any wind bohv*S um the Sam of TTem and!m anigrs otatatdrm,our lteinr,a Gatos,admmfeaatem,seateum and as. signs to Wanwut and Faever Dtefaad ad and the aid haraia conveyed ttw*~.e State of Tesler and im "Sim Winn every PC 'Phameoever tawtbfly daftaing at to dKim the same or my pan thereoL IN WITNESS WHEREOF,this ice,,;ura$aseeaud on this the day of , 19 f !!IR RI/111RINRRR11ql IN!!►!lIIINNNl1111l111!!!!!RlRR RlIIIN!lRN111RRIRb1111• THE STATE OF TEXAS, ACKNOWLEDGMENT' COUNTY OF BEFORE bf$ the ttedadp,ad,a Notary Poblto, m a&day Ply appalmd M tm on do or4 of ,ltaowmi to me (or Proved Ke) (ne)attbeenbed to t8e LowZotol hatutoeot sod , a uedible w,weer to he this pawn(#) whore pnepom and caaddeamelm then in egmno �to me thu hM+heh6e7 aeeoosed the mime for the GrYEN UNDER bfY HAND AND SEAL OF OFFICE, as dey of , 19,_,. [ferry PAIL-,Stm of Tax" my Commtmiee a iM ere be if of !!18.111111!!88 811111111l 1Ri1 lIIRRMIIR111111!lII11111!!!R!!l►111!181/�R1R1!l/81111• To�IE STATE OF TEXAS, CORPORATE ACKNOWLEDOMLNT CO11NT'1f OF I BEFORE M8 do tmdaretpxd mi�Noury Poblla a d6 day ply eI me to be do perm ad omoea where creme iA , known to Wu the mitt of the said to do fo0pinS inenommin acrd admawbelpel to me dw the smte duly m6oclaod to pafam the euee by-I cSdsm rsoWdm of dr bord of dh.oeom d wide ooapamioe dot hehhe tr,a tnoeeneed the emior a the ea of mcb oatPondm fattkr ad " oicky hair anted PnP'aee eod 000ddertdon tbtrtdo trapeeee4 mind la the npedq , GI YEN UNDER MY HAND AND SEAL OF OPFICS, Me _. by of 169"pa"Art of Ta11 My Cammieeim apime m the _r,dey of i 16 t, U Mss Y�Lt-fY' Af w mem fins *m :ON f64 komomt !o, i U CUTwICA7t OP awostDmo THE STATE OF '*EXAS, COUM OF i a A I.. (' 17 e v agana AGENDA INFORMATION SHEET AP*No � AGENDA DATE: June 13, 1999 DEPARTMENT: Engineering&Transportation CM/DC-WACM: Rick Svehla,Deputy City Manager' CONSIDER AN ORDMANCE APPROVING A REAL ESTATE CONTRACT SET iVEEN THE CITY OF DENTON AND BEL AIR DEVELOPMENT', INC., RELATING TO THE PURCHASE OF 9.920 ACRES OF LAND FOR THE BUR.DNO OF A DRAINAGE DETENTION POND PURSUANT TO COOPER CREEK AND PEC! MASTER REGIONAL DRAINAGE STUDY PLAN;AUfHORIZNO THE WMDIITJRE OF FUNDS TTi *F. ORE;AND PROVIDING FOR AN EFFECTIVE DATE BACKGROUND; The City of Denton proposed to purchase the 9.290 we tact in order to complete the Regional Detention Pond #S. This tract is needed fa West, widening and maintaining to the existing drainage way, PRIOR ACTIQN FVI .W! e L J rds.CMMWRSIL- The Development Review Committee recommends appro%A The Planning&Zoning Commission recommends approval FISCAL INFORMATION , None MAC; i Aitached Respectfully submitted: CCa, Prepare by: 1 lark,D' ctor 1 En eering& ranaportation Es � f� . A Technical Assistant I 1 I N I �. re FIELD W E ' I S i A `�',b SITE 4 LOCATION L 4 KMGL ROV KfNG M.Or b tN �i tAIA IN rfOKVICK IN S'e kliv'it TON MACC -^ CF1MA CANMI LN GKM OAK= LA AAL VINam 14LlV1LV 0W010 LN A r L} llt d 47 R&L y L� 2, e c, r, RWL Rim f[{TAl[f osele �Klftr t r+ is ft f � j 9.290 ACRES cA, a ` w � I ■ ntoras�n Aae � "`— it v ■wr Xmas Raw YAMABlt "ON R.O.W. OHA4E IV CAB. K. 04 316 CITY OF DENTON DENTON COUNTY, TEYAS AM VlVffM AM FMWOK BMQY PAN WATM MI 0 c I PLANNING AND ZONING COMMISSION April 28, 1999 Regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday,April 28, 1999, and began at 5:30 p.m, in the City Council Chambers at City Hall, 215 E. McKinney, Commissioners Present: Jim Engeibrecht, Elizabeth Gourdie, Salty Rishel, Susan Apple,Rudy Moreno, Carol Ann Ganzer and Bob Powell, Staff Present: Mark Donaldson,Assistant Director of Planning; Mikn Bucek,Assistant City Attorney; David Hill, Director of Planning; Larry Rel,hhart, Development Review Manager; Wayne Reed, Planner II; Kathryn Nilssen, Planner I; David Salmon, Engineering Administrator, and John Gillette,Assistant Fire Marshall. Closed Meeting: 1. Deliberation conceming real property-under TEX. GOVT CODE Sec.551.072 a. Discuss acquisition of a 9.290 acre tract from the Samuel McCracken Survey,Abstract Number 708 for the completion of the Regional Detention Pond t'5. Reconvene into Regular Mewing: 2. Consider making a recommendation to the City Council concerning the aoqul$Nion of tend referred to in Item. 1.a. (Paul Williamson) Motion by Susan Apple and seconded by Salty Rishel to approve. *Discussion of item Is Included In Court Reporter's transcript attached to this set of minutes (Page 1). Motion carries 7.0: CONSENTAG ND The following Items are recommended by the staff and approval thereof will be strict; on the basis of staff recommendation. Approval of the COMM agenda authorizes the staff to proceed with each item In accordance with the staff recommendation. 3. Consider approval of the preriminary and final plats of Lot t, Block A of the South east Denton Racetrac Addition. The property Is zoned Lightdnduslrial(LI). The proposed use is one (1) lot for light use. The 1.4474 acre site Is located on the west side of Brinker Road, south of Loop 288. (PFP•99-015, Southeast Denton Recetrac Addition, Kathryn Nilssen) Motion by Salty Rishel and seconded by Susan Apple 10 approve, 'Discussion of item is Included in Court Reporters transcript attached to this set of minutes (Page 2). Motion cartyl s 7-4A OTHER ITEMS POR Ce,NC DEfteT� r 4. Consider making a recommendation to the City Council concerning a partial abandonment of a 12-foot Sanitary Sewer Easement In McDonnell Highlands Addition, (David Salmon) 1 r' Motion by Salty Rishel anct seconded by Card Ann Ganzer 10 recommend approval to City Couricl, 'Discussion of item is included In Court Reporter's transcript attached to this set of minutes O c 3). Motion camiea 7.0 4 WIN t Condonaeit" Page I Page 3 I PROCEEDINGS 1 MjAPlESecond 2 Mx ENGEMEatr: Good evening,ladies and 2 Mx o4GEt Pmff. Mein moved and seconded 3 gentlemen. At this time I'd like to all to order the 3 to approve the Consent Agenda. Any dhscuWon on the 4 regular meeting of the Planning and Zoning Conunjuloo 4 modool All in favor plow ralse your right hand 5 for the City of DentoD Texas for this Wednesday,April 5 Motion carries tmanimouety. We have two other items 6 the 28th, 1999, The rust item on the agenda this 6 far consideration this evening toe which has several 7 evening is s closed mating deliberation concerning 7 patty Fust off which Is Item 4 on the Agenda, 8 real property under Texas 0mramenl Code,Section 8 consider making a recommeedatioo to the City Council 9 551.072. And this is to discuss acquisitioo of a 9.29 9 concerning a partial abandonment of a 12 foot sanitary 10 acre tract from the Samuel McQsden survey,Abstract 10 sewer awnent to McDonald Highlands Addition. Mr. I I No. 708 for the conpIction of the regional detention I1 Salmon from the engineering department will provide us 12 pond No. 5. So at this time we will adjourn to closed 12 with the staff report. 13 session du wnsudm 13 Mx SALMON: thank you.Chair. Menben of U (Raxsxd into closed meeting.) 14 the Commission,first of all,just so you can get your 15 Mx ENGEL9RMm Okay. Good evening 15 baHnSL McDonald Highlands is the subdivision 16 again,ladir and gentlemen. At tits time 1 will t6 that's located dimly seross McRlaney Street from 17 reconvene the'eguisr meu:ting,and we will take up 17 Ryan Iiigh School. You can see on the site rep. More is Item No.2,consider making a recommoodation to the 18 specifkally this eveeiag,we're looking at a partial 19 City Council eoneeming the acquisition of land 19 abandonmx-nt of a sanitary sewer euweoL N dm 20 referred to in Item IA. Commissions,do you have 20 ovenfuad I've got a d agrsm that shows the easenetet 2l any questions of stall',any comments a■mdioo? 21 that's fropooed to be abandoned. The one that we're 22 Ms.APPLE: 1'd like to moue that we 22 proposing to abandon or the section that*elm 23 recommend to the City Council epproval of the purchme 23 proposing to abandon Is hlghlig W with this dark 24 of the 9.290 acre tract in the Sartain M.cCrackea N black line. 25 survey,Abstract No.708. 25 The owners of the subdivision have I MR RLSHEL Second. Page 2 Page 4 I ooratructed the sanitary eevner and instead of using 2 MIL ENGELSP ECHT: It's been snowed end 2 the exisdng Casc:nent they provided a new eaetaent, 3 seconded to recommend approval of the purchase. L 3 which I've crosshatched in sort of a blue color anti 4 there any discussion on the motion? In that case all 4 they built thew sanitary sewer in the Dew taMML 5 in favor please raise your right hand Motion carries S And so they feel there Is no mxd for the existing 6 unanimously. 6 easement. Staff would concur with that, This has 7 We'll move on this evening then to the 7 been to N-velopment Review Comnittee. Nobody on the e Consent Agenda. We have only one item The Coaml 8 Dcvclopn=t Review Committee sees any purpose for this 9 Agenda Item is recommended by the staff and approval 9 old aoement now that the new casement is in place and f 10 thereof will be strictly on the basis of staff 10 the sanitary sewer is already built. So we're 1 I I moommendation. Approval of the Consent Agenda 1I lecomtaading that ibis partial easement abandoen eit 12 authirires the staff to proceed with this item in 12 take place. 11 accordance with the staff recommendation. I) MR MELBnFFckr: Commissioners,gay 14 The item is consider approval of 14 questions for Mr.Salmea7 is there anyone present who 15 preliminary and final plats of Lot 1,Block A of the 15 would like to address this issue? Anyone present that 16 Southeast Denton Racetrack Addi600. The property is 16 would like to addresi this Issue? In that cox, 17 zoned light industrial. The proposed use Is one lot 17 Coaunlsdonas, any am menu or a motion? iI for sight Industrial. It's a 1.4474 acre site located I Mx wshtEU Nation. 19 on the west side of Brinker Road south of Loop 288. I9 MR V40FLEP.WiT: Mr.Risbel. 20 1s there anyone present who would W to address this 20 Mx RIVEL M move that we recommend to 21 issue? Anyone present who would like to address this 21 the City Council the approval of the parial 21 particular Issue? In that case,oomndssionets, any 22 abandonment of an existing 12 foot unitary newer 23 questions of staff? Comrtteots of a motion? 23 easement in the McDonald Highlands Addition as 24 MR.RLS1iEL: Motion. Motion tae apprr v ?4 recardcd In Volume 695,Page 3$0 of the dad tecprded 25 Consent Agenda. _ of Denton Canty,Texas. PLANNYNO AND ZO1QINCi APRiI. 2t 999 Page 1'•Page 4 5. c Condecaelt'" Ms.GAA.ER: second Page S Page 7 1 two parameter roads only in these sections. This 2 MK tr IEr.a coca moved and seconded 2 variance applies to tracts A. D.F,O and L 3 to recommend approval• Discussion on the mottos,) .till 3 What the developer proposes to— lEt me 4 in favor raise your tight hand Wdets castes 4 explain. What would typically be required would be a 3 unanimously. We move oil to Item S then which has S 24-foot pavement section including curb and gutter on 6 throe sections. This is in regards to the prestrve at 6 the side of the development with a four-foot sidewalk 7 Pecan Creek Addition,Phase 1,the 169.2 sae tract is 7 somewhere behind the curb. 'the pavement— a normal 8 located to the north of Shady Show Road and the east 8 pavement thickness for collector street,which is what 9 side of Swisher Road G's in the Planned Development 9 these would be would be a six-inch asphalt section on 10 132 Zoning District The purpose of the plat is to 10 top of a Lynne-p;epared subgrad& What the applicant 11 develop the preserve at Pecan Creek Masts Planned 11 is proposing to do is mill off the existing asphalt 12 Community,m 13 )tars 12 which is sort of a combination--right now the SA is to consider a variance from 13 existing asphalt Is kind of a combination of what we 14 Section 34-1145(13)of the Code of Ordioaoaa 14 call a seal code and some patches and 1 think there's is concerning improvw=u to existing pararaw"atroW. 15 been some overlaying in dio area. They want to mill 16 And Item B is to consider a variance from Section 16 off the old asphalt,remix the subgrsde. And apply 17 34.1 14.17 of the..Code of A iinanoes concerning 11 two inches of new asphalt,basically,making the I e sidewalks. 1od In both cases Mr.Salmon win provide 1s road look new and it will repair any base failures and 19 the staff report. Sir. 19 anything that's existing out there to date. 20 Me SAUON: chair and members at the 20 The reason they've asked for this variance 21 Commission,what I would prefer to do is to cover both 2 t is that they are proposing no direct access to either 22 varianoes at one time being that they're somewhat 22 of these roads. And even though this Is going to be a 21 linked. And,unfortunately,I've only provided you 23 relative) I level men the w 24 one motion whkh covers both. So if Y aP t ay they ve arranged you determine 24 their Internal erase) layout should patty much 25 that you want to act diffawty on one case than the 25 minimize the amount of traffic from their development I other then we're going to have to make up a couple of I that will use these parti cular Page 3 2 new motions. The PD roads, w they reel applicant's env;has a lied for 2 that there's a cost issue here. You know,rather than 3 the variance. I think we're all familiar with where 3 putting their money on roads that turn tralrc Isn't 4 the preserve is. It's a subdivision that's being 4 really going to Use,they would like to spend less s proposed out near •- it runt north and south,somewhat s money thee, 6 along Swisher Road just to the west of Lake 6 Because thin is a variance based on the 7 Lewisville, north of I.3S. What we've attempted to do 7 need crated by the development,it is an enaction s here is highlight what sections of Pockrut-Page and 8 varianoe,which is one that you'll be making a 9 Swisher Road that the variance application applies to. 9 recommendation on to the City Cotmcil. Just wanted to 10 It's a rather large plr�, so it's on more than one 10 give you an idea of the road conditions. Ibis is on 1 I I page, But the section of road that we're looking at I I Swishy Road locking south Gain Pdwarda You can,, 12 this evening is Pocisus•Page Road along, I guess,it 12 tell very well,but the pavement is somewhat 13 would be the north boundary of one of the residential 13 deteriorated. You can we by the differoal colas of 14 tracts and then Swisher Road turning and going north 14 patches and stuff that either the city a the county 15 from Pockrus•Page up to approximately where Edwar I S has bladed of some asphalt is some locations in order 16 Road is. These don't match exactly,but the road 16 to patch the road You can alw we that in some 17 pretty much follows this L shape. 17 Locations along the road there's some pretty dents 18 'ire proposed Lakeview Boulevard is over I8 roliage. 19 hen to the what would be the east. And then there's 19 'Ibis is Swisher Rosd at the other end at ' 20 a proposed green belt and creek over'here a little bit 20 Pocfrus-Page looking east. As you can ten,at this 2t further to the east The applicant is proposing to 21 locates, the road is s lixle bit more densely ' 22 build ski the interior atrrxts rod tabu parameter 22 forested, One of the things, also,I think that the J 23 rtrcets 10 a city sundord. But in this pee what 21 developer is inte.ding to do is with this particular ' 24 they're asking is for a variance of the standud 24 variance,with not widening the road,what they're 25 parameter paving and sidewalk mquireaheot along these 2s hoping to do Is maintain the existing see line ao- PLANNING AND 2OMNO APRIL 213, 1999 Page S t Page 8 6. e I ��md d��.1�M1.M,lY�rl,r�y ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND BEL AIR DEVELOPMENT, INC., RELATING TO THE PURCHASE OF 9.290 ACRES OF LAND FOR THE BUILDING OF A DRAINAGE DETENTION POND PURSUANT TO COOPER CREEK AND PEC 4 MASTER REGIONAL DRAINAGE STUDY PLAN;AUTHORL.'?NG THE EXPENDITURE OF FUNDS THEREFORE;AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENT ON,TEXAS HEREBY ORDAINS: SECTION_I• That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Bel Air Development, Inc„ in substantially the form of the Real Estate Contract which is attached to and made a part of this ordinance for all purposes, for the purchase of 9.290 acres of land for the building of a drainage detention pond pursuant to Cooper Creek and PEC 4 Master Regional Drainage Study Plan SECTION il. 'Thai the City Manager is authorized to make the expenditures as set forth in the attached Real Estate Contract. SECTION [II. 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 A.^,TO LEGAL FORM: E HERBERT L.PROUTY,CITY ATTORNEY S to i 7. c REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between Bel Air Deveiopmeni, LTD. (hereinafter referred to as "Seller")and CITY OF DENT(*,TEXAS,a home rule muatcipaliry, of Denton,Denton County,Texas,(hereinafter referred to as"Purchaser"),upon the terms Wd conditions set forth herein. PURCHASE AND SALE 1. Seller hereby sells and agrees to convey,sad Purchaser hereby purchases and agrees to pay for all that certain trlpt,lot Of parcel of land consisting of a 9.290 acre tract of land,more of IM as described in Exhi bit"A"; together with all rights and appurtenances pertaining to the said property, including any fight, titre and Interest of Seller in and to adjacent streets alleys Of rights-of way(all of sub teal property, d8hts,and appurtenances being bereinafter referred to as the "Property"),together with any Improvements, fixtLM and personal property situated on and attached to the Property,for the consideration sod upon and subject to the terms,provisions,and conditions hereinafter set forth. PURCHASE PRICE I. Amount of&Mhasm Price The purchase price for the Property(9.290•scre tract) shall be the sum of One Hundred Thousand Dollars and No Cents(f I00,000.12). 2. Pavmenc of RU -&price The Rill amount of the Purchase Price shall be payable in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the ransactions contemplated hereby are subject to the satisfaction of each of the follo-Ang condidons any of which may be waived in whole or in part by Purchaser at of prior to the closing. I. Preliminary Title Rc=L Rithin twenty(20)days after the date hereof;Seller,at Seller's sole cost sad expense,shall have causal the Title Company(hereinafter defined)to ism an owner's policy commitment(the "Commitment") accompanied by r spies of all recorder'.documents relating to easements,rights-of- way, etc.,affecting the Property. Purchaser shall give Seller written notice on or before the expiration of tea(10)days after Purchaser receives the Commitment that the condition of title as as forth in the Commitment is or is not satisfactory. In the event Purchaser states the condition of title is not satisfactory, Seller shall, I 8. i At Seller's option,promptly undertake to eliminate or modify all unacceptable matters W the reasonable satWaction of Purchaser. Purchaser understands that Seller Is under no obligation to cure any title defects complained of by Puahna lasted in Purchma's written notice to Sella a Provided in this paragraph. In the event Seller is uub!e to do so within ten(10) days after receipt of written notice, this Agreement dull thereur-on be null and void for all purposes;otherwise,this condition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. Ssu evv Sella shall,at 5el;ees sale cost and expense,obtain a current s urvey of the Property,prepared by a duly licensed Term land surveyor acceptable to Purchaser. The survey shall be staked on the ground,and shall show the location of all improvements,highways,streets,roads,railroads, nveM seeks, or other water causes,fences,easements, and rights-of way on or adjacent to the Pro",if any,and shall contain the anuveya's catincation that there are no encroachments on the Property and shall set fords the number of total saes comprising the Property,together with a meta and bounds description thereof. Purchaser will have to(10)days after receipt of 04 aurvey to review and approve the survey, to the event the survey Is unacceptable,then Purchaser shall within the ten-(10)dry period,give Sella written mdse of this fact Sella shall, at Seller's option,promptly tmdetake to eliminate of modify the unacceptable Portions of the survey to the reasonable satisfactions of Purchaser. to the event Seller Is unable to do so within ten(10)days afm receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes. Purchaser's Endure to gave Sella this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. S UUj CgMWi= Seller shall have performed,observed, and complied with all of the covenants, agreements,and conditions required by this Agreement to be Performed,observed,and complied with by Seller prior to or as of the closing. ,SELLER Seller hereby nproseats and warrants to purchaser, to the treat of its current Imowledge as follows,which representations and warranties shall be deemed trade by Seller to Ptmhuer also u of the closing dstr. 1. There are no parties in possession of any portion of the property as leases, tenants 9 arflrermae, at trespaaas. 2. Except for the prior actions of Pwvhna,there is no pending or threatened ' eondennation Or similar proceeding armament or sudt, afl'ectfag dde to the Page 2 of 6 9. I Property,or any part thereof,nor to the best knowledge and belief of Seller is any such proceeding or aaessment contemplated by any governmental authority. 3. Seller has complied with a0 applicable Lwa,ordinances, reguladons, statutte$, rules and restrictions relating to the Property or soy port thereof. 4. To the best of the Seller's lnowledge,there are no toxic or hazardous waste or materials on or within the Property.Such toxic or hazardous wastes or materials Include,but are rot limited to,hazardous materials or wastes u same are defined by the Resource Conservation and Recovery Act(P,CRA),u amended,and the Comprehensive Envirormso 1 Response Compensation and Liability Act (CERCLA), u amended. f CLOSING The closin;�shall be held st the office of Tide Resources, 1112 Dallas Drive,Suite 402, Denton,Texas,on or before . 1999, (which date Is herein referred to u the "closing doe"). CLOSING REQUIREMENTS 1. Seller's Rern';K±±mJL At the closing Seller shall: A. Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and marketable tide in fee simple to all of the Property,tree and clear of any and all hens, encumbrances, conditions, assessmenti, and restrictions,except for the following: I. General real estate taxes for the year of closing and subsequent year not yet due and payable, and 2. Any exceptions approved by Purchaser pursuant to Btrbll;U' lZWJuJ 0G1 hereof,and 3. Any exceptions approved by Purd"r in writing. B. Deliver to 1'umhssar a Taxes owner's policy of Tide Insurance at Seller's sole expense, Issued by Tide Resources,Denton,Texm,(the"Tide Company"),in Puaehsar's &vor in the IWI amount of the purchase price, Insuring Purchaser's fee simple tide to the Property subject only to those title exceptions listed in Went,such other exceptions as may be approved in writing by Purchaser,an,the standard Printed exceptions ooatataed in the usual form of Texas(timer's Policy of Title Iastrana,provi"however: Page 3 of d /D, 1 ' 1 1 I. The boundary and survey exceptions shaft be deleted if required by Purchaser;and if so required,the costs "sociated with same shill bt borne by Seller; 2. The exception as to restrictive covenants shall be endorsed "None of Record'; 3. The exception as to liens encumbering the Property shill be endorsed"None of Record"other than those set forth in "Purchaser's Obli ons". 4. The exception for taxes shall be limited to the year of closing and shall be endorsed"not yet due and payable". C. Deliver to Purchaser possession of the Property on the day of closing. 2. Pjttchaser's Reau%=ent• Purchaser shall pay the consideration u referenced in the "Purchase Price" section of this contract a Closing in immediately available funds. 3. Closing Costs. Seiler shsll pay all taxes assessed by any tax Jurisdiction through the date of the Closing. All other costs and expenses of closing in consummating the We and purchase of the Property not specifically allocated herein shall be paid by Seller. REAL ESTATE COMMISSION Any real estate commissions occasioned by the cousutntnation of this Agreement shill be the soft responsibility of Seller,to the extent Seller has agreed to pay any such real estate conunission in writing; and Seller agues to indemnify and hold Purchaser harmless from any and all claims for any such commissions. BREACH BY SELLER In the event Seller shill fail to fay and timely perform any of its obligations hereuadtr or shall fail to consummate the We of the Property except Purchaser's default, Purchaser as its sole and exclusive remedy may either enforce specific performance of this Agreement or terminate this Agreement by written notice deiivered to Seller. BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property,the � conditions to Purchaser's obligations set forth In PURCHASER'S OBLIGATIONS having been ti satisfied and Purchaser being in defsult,Sella as its sole and exclusive remedy may enforce Page 4 of 6 i I I t I specific Performance of this Agreement,or terminate this Agreement by written notice delivered to Purchaser. taSCELLANEOUS PROVISIONS I. Asaianment of Agcy This Agreement may not be assigned by Purchaser without the expreu written consent of Seller. 2. Survival of Crave w%_Any of the reprosentation4 warranties, coveneats, and agreements of the Parties,err well as any rights and benefits of the parties, Pig to a Period of time following the closing of the tranuctims eorutemplgted hereby shall survive the closing and shall not be merged therein. 3• Notice, Any notice m p*W or permitted to be delivered hereunder shall be deemed received when OW by United States mail,postage prepaid,certified mail, return receipt requested, addressed to Seller or Purchaser, U the can may be,at the eddreas net forth beaseth the eigoature of the party. 4. JM M to m+lv This Agreement shall be construed under acrd in accordance with the laws of the State of Texas,ad all obligations of the parties created hereunder are Performable in Denton County;Texas. S. PUdU Boated. This Agreement shill be binding upon and inure to the benefit of the Parties ad their respective legal representatives,successors and assigns where Permitted by this Agreement. 6• LGgil. , In case say one or more of the provisions contained in this Agreement shall for any raasaw be held to be invalid, illegal,or unenforceable in any respect, said invalidity,illegality,or unenfarceability shall not affect any other provision hereof,fad this Agreement al It be construed as if the Invalid, illegal,or Wedmeable provision bad never been contained herein. 7' Thin Agreement constitutes the sole and only agreement of the Parties and apersedes nay prior understaa fte or written or Oral agreements between the Parties respecting the within mgect matter. g. Time of 1✓saence. Time 4 pf 60 essence in this Agreemeft 9• CC& Wards of any geode used in this Agreement shall be held and construed to include Include my otber�'and words in the singular number shall be held to Plural. sod vice versa,unless the context requires otherwise. 10. Qmo3trt" In accordance with the reapriremeats of the,cw Real Estate License Act,Pwdmw is hereby advised that it ahortd be 11u fished with or obtain i' t a policy of title Wu mm ere ptrchne ebould have the gbsonct covering the j t' Property examined by an attaray of Purchaser's own selection. / Page S of 6 l2. c 11. Tjplp,j,{>1L L'st the event a MY executed copy of this Agreement has not been Murned to Purchaser within ten 10 { )days after Purchata executes thin Agrement and deliven same to Seller,Purchaser shall have the right,..festinate this Agreement upon written notice to Seller. DATED this day of` . 1999. PURCHASER:' HE ' BEL AIR DEVELOPMENTT,LTD. THE CITY OF DEMON, TEXAS BY: BY: M. T. Akhavizadeh Michael W.Jez City Manager 213 E. McKinney ATTEST: Denton, Texas 76201 JENNIFER WALTERS,ark SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. P/ROUTY$CITY ATTORNEY BY: - , I THE STATE OF TEXAS q COUNTY OF DENTON This Instrument was acknowledged before me on this the day of —__ 1994 by M. T.AMavizadeh . Notary Public, In and for the State of Texas MY Commission Expires:_ _ + A, ,i _ n Page 6 of 6 /3. _ EM1111T A i Abpftd N&?m ON Cwiy,tw Or of DNA&%Tom I F DESCRIPTION BEING A 0200 ACRE PAf!C!L OF LAND,SITUATED IN THE SAMUEL.McCRACKEN SURVEY, ABSTRACT NO. 708,DEN TON COUNTY,TEXAS,SAID TRACT BEING PART OF A 04.001 ACRE TRACT OF LAND AS DEE DED TO BEL Alt DMOPMENT,LTD., FROM TIED 7AOEHDOONTAUGUST COUNTY.TEXAS. SAID PARCEL WNG ALL�1.ISLOCK�f RECOFM THE PROPO!!�l�BEVERLY PARK ESTATES PHASE If ADDnM. SAID SJW ACRE PARCEL SEING MORE PARTICULARLY DESCRIBED 13Y METES AND BOUNDS A8 FOLLOW": BEGINNING H a %-Inch Iron!od found, being a SWAtW d comer of Bsverfy Park Estatas Phaae I,an addition Oo the oky of Donlon, Tex", u recorded In CaWA-0% Slide 306, DRDCT,same point being the WAhWeel Oomar Of Lot 10,sift'B*; THENCE b'"the west Ones of said Bn,My PIA E"m Phu"I the M*Wkq stx(6)courses and dlatmm: 8 S5'S4'39'Et a distance of 140.15 fret to a 14-inch Iron rod found, N 87.08'00'F,a distance of 7".2o reel to a 14.inch trop rod found, 8 2042Y 50'Wt A distance o'11138 feet 10 a%4mh Iron rod found, 8 03.15'08. 1 ,a distance of 105.48 feel to a 144nch iron rod found, 8 50143'31 5 E, a distance Of 100.52 feel to 01Flneh iron rod found, and 8 00'53'Sr E, a distance of 153.77110911 to a point, sold point being in the proposed north Apht• of way One of King$Row(varfabfe width Apht of-way); THENCE:N 87158' 1r W,1"eving sold oonrnon In and cmuing sold 04.001 scm tract,with sold PmPoead"-OfA +y Orre a 41101141 of 684.61 feel to a point, said point being In th9 Well One Of asld 94.081 sae tract a"rral bOV Ote Seel IN of Cambrklpe Sgwre Subd"lon, on addition to the coy a( Denton, Twas,as noaded In Volume 4,Pap"38 ORDCT; THENCE along the weel One of mid 44.061 sae trsc,being the east One of Bald Cambridge Subdlvlslom the foOo'Mng four(4)omrsea and didum: N 0202C 48'E.a*"we of 117.86 feel 10 point, N 87'31'12'W, a dwm x of 08,63 fM to a Point. Along a curve to the right having a emus of 101.01 feet, a dell, angle of$2110'044, in art dlalanee of 02.97 feet and having a chord thel bears N 61.23' 14"W,a dlltance of 60.78 feel to a POInt,and N 36.16'1r W,a dMm=of 606.31 NO to a point; THENCE leaving mid Oonsnon One and Qvg*q pad 04.081 am tred with the south OM of the ProPNW Bloc W of sold ProPOW Beverly EsWiss Pham 11 the foflowkV sight(6)tounm and dWances: 14, c' c. Aa NIL D~cAwIS raw dlyd br+r�Tyr 1e N 41'66'OT!. a dMluwa of 60,44 hat to a poK 8 6700'V E,a dMlawi of 97.46 hat to a pft ti 88.37 W E, a dMtanoa of 97.24 h*to a point, 8 40.W 14'!, a dalana d 61.61 fast to a poK 8 34'43'5 1 a E.a d dwm of 1&Z"fast to a palm, 8 001 W 340 E,a dM&-m of 164.36 f"fa a pond. N 44'68'6r t:,a dM wm d 186,66 hat to•poK and S 86'54'3r E, a MGM of 210A hat to ON POINT OF WGINNIM and WdWnft Eno WM d Mee Mora a Mit. Bt*of bwf q for#&dnorllptlon M tM Tiaaa tpata Plana eoordinota Byd",Nom,a ww zom. 1I. 11 e 15. C' I I I I 11�I' *.ds, lair � aw � t Yam w 9.290 ACRES WALUM Plum w 4 PON"� I v VAVW WrAl" i19yyy,111116 w CITY Of DENTON DO M COUNTY, TjXu F�7w- Ma rw r 1 aputda Ibm 3 AGENDA INFORMATION SHEET l AGENDA DATE: June 15, 1999 I DEPARTMENT: Police CAI: Michael W. 1e SUBJECT An ordinance of the City of Denton,Texas, authorizing the appointment of qualified persons to enfaee the disabled parking law in the City of Denton, Texas and file charges for violations of said law;providing a severability clause; providing a savings clause; providing for publication; and providing an effective date. PACKGROUND: The Police Department received a request from a citizen, Bruce E. Briggs, for the implementation of s volunteer disabled parking enforcement program, Nis interest in this program originated from an article published in the Dallas Morning Newt on May 31, 1998, that featured such a program in Irving, Texas. Since the receipt of Mr.Briggs' request,Staff has determined that such programs are relatively common, especially in municipalitie3 that subscribe to the community policing philosophy. This program provides an excellent opportunity for citizens to take an active role in addressing identified community problems,specifically the violation of disabled parking laws. The use of parking spaces designed and designated for disabled individuals by those not authorized hinder access to facilities and businesses for those who are disabled and,therefore,adversely impacts the quality of life for those individuals. Both State law and the City of Denton Code of Ordinances provide for the designation of disabled parking places and penalties for persons who park motor vehicles in disabled parking spaces when such vehicles do not display a special device or a disabled person identi0cation card, However,Police Department staffing is insufficient to consistently target the enforcement of these laws and,without enforcement, the laws are not effective. Section 681.0101 of the Texas Vehicle and Traffic Laws allows a political subdivision to appoint a person to file charges against those persons %ho violate the disabled parking laws. The criteria for appointment includes: (1)United States citizenship; (2)good moral character with no felony convictions;(3)an oath of office; and(4)the successful completion of a training program developed by the City, A person appointed under this section is not considered a peace officer and will have no authority to enforce any laws except those directly related to the disabled parking statute. An appointed person is not allowed to carry a weapon while performing th-specified parking enforcrment duties. c Persons appointed under this statute act in a volunteer capacity and are not eligible for compensation for their services. r � . C 1 i i I OPTIONS I. The Council can choose to approve the ordinance so that the Police Department can implement a volunteer disabled parking program. 2. The City an choose not to approve the ordinance. Y PP R£CONIMENU,TION The Police Department recommends approval of the Ordinance. (1) A volunteer unit designated to enforce disabled parting regulations will provide necessary resources for the Police Department to consistently address an identified community concern. (2) This program provides an excellent opportunity for citizens to actively participate in the policing process and improving the quality of life for disabled Individuals. pgLQ$ACTIONIBUIE I The City of Denton Legal staff reviewed the related statutes and prepared the Ordinance KCAL,1111 PAat This program may require the purchase of some equipment such as a cmncra to photograph violations and one or two portable radios. llowever,Staff believes that the funding for such equipment will be available in the Department's operating budget and,therefore, no additional funding has been requested. This program should geucrate additional revenue through the issuance of parking citations. The amount of the revcnne is dependent on the number of vohunieers and the number of hours per month these volunteers are able to dedicate to the program which is difficult to estimate at this time, Other cities have realized significant revenues. For example, Midland, ' Texas,has maintained a volunteer handicap parking program for several years resulting in as mcch as 5250,0Ot1 p^r year. Respectfully submitted, , /GWY .Matheson Chic of Police Prepared by: A c,. e wright Support Operations Captain 2 t 1 F'SItAREdrIEPTL.GLVOur pocumentsKkdinurcalWDiuhted Partlna AppoMtmenh.doe ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE APPOINTMENT OF QUALIFIED PERSONS TO ENFORCE THE DISABLED PARKING LAW IN THE CITY OF DENTON, TEXAS AND FILE CHARGES FOR VIOLATIONS OF SAID LAW; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS,the Texas Legislature has enacted a statute providing for the designation of disabled parking spaces by political subdivisions and by owners of property used for parking which provide penalties for persons who park motor vehicles In disabled parking spaces when such vehicles do not display a special device or a disabled persun identification card; and WHEREAS,the City Council of the City of Denton, Texas, finds the enforcement of the disabled parking laws in the City of Denton will be more effective if qualified and trained persons are given the authority to file charges when they observe violations of the law within the city limits of the City of Denton;and WHEREAS, the Texas Legislature has enacted a statute allowing local authorities to appoint a disabled or non-disabled person to have the authority to file charges against e. person who violates the law regardtag disabled parking: NOW,THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTIO I: That the Chief of Police or his designee shall have the authority to appoint any adult person who is a citizen of the United States, is of good moral character, and who has not previously been convicted of a felony, to enforce the provisions the Texas Transportation Code, Section 681.0101 in the City of Denton,Texas. SECTION IL That each person appointed pursuant to this Ordinance shall take and subscribe to an oadt of office thaO is prescribed by the City of Denton. SICTION ISI;That each person appointed pursuant to this Ord,''nanee shall complete an application and satisfactorily complete a course of training on disabled parking enforcement as prescribed by the City of Denton Police Department and the appointment shall be for one year uniecs rescinded by the Chief of Policy SECTION IV: Any qualified person so appointed shall have the power to rile charges for violations of 681 of the Texas Transportation Code if 6c violations occur within the city limits of Denton and subjctt to the following limitations: I i person to appointed shall bL deemed a peace officer, nor an employee of the ' / �! State of Texas, Denton County,or the City of Denton. i 2. Except for the authority to enforce disabled parking violations, any person appointed pursuant to this ordinance shall have no authority other than the authority applicable to a citizen to enforce a law. 3. No person appc•:nted shall possess or carry firearms or other weapons for the purpose of enforcing disabled parking laws. 4. No person appointed shall be entitled to compensation for performing the dudes specified in this ordinance. S. No appointed person shal! he entitled to any indemnification from the City of Denton for any injury or property Umage sustained as a result of enforcement activities. Each appointed person shall specifically acknowledge that such person has no rights to any claim of injn y or property damage resulting from disabled parking enforcement activities. 6. The City of Denton shall not be liable or accountable for any act or omission of any person appointed to file disabled parking citations pursuant to chi% Or.4inance. Each appointed person shall specifically hold harmless the City of Denton, its empl,)yeea,officers, and agents, from liability for any act or omission by such appointed person. SECTION V. if any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction,such holding shall not affect the validity of the remaining portions of this ordii,.mce, and City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity, SECTION VL That the repeel of any ordinance or any portion thereof by the preceding sections shall not affect or impair any act done or right bested or accrued or any proceeding, suit or prosecution had or commenced In any cause before such repot shall take effect, but every such act done, or right vested or accrued, or proceedings, suit or prosecution had had or commenced shall remain in full force and effect to all intents or purposes as if such ordinance or part thereof so repeated shall remain in full force. SECTION VII That this ordinance shall become effective foue.-en (14) days from the li date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinan,; to be published twice in the Denton Record Chronicle, de official newspaper of the City of Denton,Texas,within ten(10)days of the date of its passage. f PASSED AND APPROVED this the__day of . 1999, `,t JACK MILLER,MAYOR i ATTFST-, JENWER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM, HERBERT L. PROUTY.CITY ATTORNEY BY: I I i t i ( I l I �r I I parking pl+ards br veht"a'owned by or transporting (2) to conform to the standards and specifications disabled persons A paNCular provlslon In that bill referred to In Subsection(b)when designating a prohibited a governmental entity from clurging an parking space or area foe perscns with disabilities. Individual daplayinq a disabled parking permit for parking (c) lire department slue provide at cost A design and n a parking garage or parking lot.As A result, airport$were stencil for use by a political subdivision or person who prohibited from assessing pa king fees on disabled owns or controls property used la parking to individuals with plaperd° Thh amendment to Subsection designate spaces as provided by this legion, (e)permits the reimp,ri -'fees on certain disabled Individuals who part. n 19 garages or parking lots at Sec.661.010. ENFORCEMENT, airports (a) A peace officer or a person designated by a political Sea 681.00E PARKING PRIVILEGES: VEHICLES subdivision to enforce parking regulations may Ill a charge against a person who rommits an offense under this DISPLAYING hic!s may be parked and is SYMBOL OF ACCESS. chapter at a parking space or area designated a provided A v C penalty may bit puked end is exempt chi the t payment of a by Section SS 1009 fee C penalty in the tame manner es a vehicle that has displayed On the vehicle special license plates issued under (b) A sectary officer commissioned under the Private Section 502 253 or a disabled parking placard as provided by investigators and Private Security Age _ es Act(Article Section 661 006 it there b displayed on the vehicle a license 4413(29bb),Vernon's Texas Civil Statutes)and employed plate or placard that by the owner of private property my file a charge against a (1) bears the international symbol of access:and person who commas an offense under this chapter at a parking space or area designated by the owner of the Issued by A stele or by A state or province of A foreign property as provided by Section 661.079, counlry to the owner or operator of the vehicle foe the Sea 661.0101. ENFORCEMENT 1 CERTAIN APPOINTED Iransporial on of a person with a disabl ty PERSONS• Sea 661.0o6. PARKING PRIVILEGES; VETERANS VA.-4 ; I (II A oatiUal subdivision m+v Appoint A person td Mva DISABILITIES;CONGRESSIONAL MEDAL OF HONOR yW� authority to file a charge against a person who commit an RECIPIENTS. F,. offense under this chaptt A vehicle on which license plates issued under Section b) A person appointed under this section must. 502 254 Or 502 255 are dbpl+y0d t exempt from the payment of a parking fee.including a fee cotlecled through a parking I) be a Unijed States citizen of 00 moral char$,;& meter,charged by a governmental authority,other than A who has not been convicted of a felon V: if of the lederal govemmenl when being operated by or 12) take and subscribe to an oath of office that U e for the transportation Of political subdivision prswmji:and 1 the person who registerea ,he vehice under Sect on f 502 254(s)or 502 255: or by th y oel-al I comptat a mining program dev@ygg by the Dp(nitel suM!yin, (2) a person described in Section 502 264(b)N the vehicle (c) A person appointed under IN section: I s r $!! i red under that 1 tabs egron. eg Sec.661.009, DESIGNATION OF PARKING SPACES 9Y ill lime Oeace officer: POLITICAL SUBDIVISION OR PRIVATE PROPERTY (2) Ms no"horny other than the authortty s2olp4bk OWNER. to a Wan to enforce A law c r thar this chapter.and (a) A political subdivision or a person who pion!M Wntrd$ property used for parking may designate one or more (3) may no(am a weapon while RarmiPAIAIes parking spaces or A parking area for the exclusive tee of yq{fer dill section. vehicles Iransporling persons with disabilities. (dl A person appointed under this sedion Is ne:enticed to l (b) A pcidial subdivision must designate A Parking space comoenution tot o fair o duties under this section or to at area by conforming to the standards and speoflear a jQQemni!allon from the polival su"YWOn of the its to fa adopted by the commissioner of licensing and M9460A IOiyp(of p,re"ft damage the person suslains a 6AUM I under Section 5(c).A044 9102,Revised Statute,rslabty min In Df fpfriling duties under this a!g on. to the identification and dimensions of parking spaoaa lot « (e) The political subdivision and the state are not bable for persons with dis+b kt�s A person who owns a anlroY Any damage trial no from an as a Omiss on A person Pity ate property used for parking may deslgnst a appointed under Siusection tal,in rating duties under r space or area wnhoul conforming to those$tandaroe arw A speufiations, unless required to conform by law. r Effective dale:SHAT r' (c) A polilial subdivilgiOm may reQulre a Private propafy owner or a person who controls property used for p �f. COMMENTARY:A person appointed under this new Hall must:(1)W a U ;liters of good most changer (1) to designate one or more parking apache a• yrtt0 has not been convicted of a Nicety;(2)take and parking area for the exclusive use of vehloNa twbscnbe to an ash of of s,for[hat political subaviaion; transposing persons with disabilities;Or r Mk(3)svcasel irty complete a training Program of at Nast f bur hours In taMph developed by the Orbital subdivision. .IN TPAFFtC LAWS 2nd Ed. TEXAS VEHICLE ANC li - -taaaiarr r TRANSPORTATION CODE TRANSPORTATION CODE A punishable by a fine of rat lea than$200 or more than Parsons appointed under[his sedicn ere mo peace officers $700, end have no authority other than the authority sppllable to (i) if It is shown on the Idol of on offense under We section any Gtiler la enforce lee taw and may not carry a weapon that the i'non nae been praiouely oorwkted two times of while performing duties,Moreover,d Person appointed Is an cffenu undo tlis sedan,the offense is punishable by not entitled to compensation for perfom•tng duties or to a fns of not last nin $700 a mare than$400 mdemnifcation horn the political subdwis a:x the Slate for injury or property domagk a person sustaine In performing (y) 0 k Is shown on the trial of on offenH under this Section duties under this skdiom that the person ha been previously convicted Mf"times Sec.(11.011. OFFENSE!; PRESUMPTION, of in offense under this$W10m,ft offense h punishable Is) A party^commits in offense H, by a 11ne of not less Man $400 a more than$600 (1)the person palls a veh Ole on which an displayed (k) If 4 is shown on Me Vial of an offense under this section license plates harks under Section which car 7 or a that the parson his cell previously Oonvided four times of disabled parking placard in a parking spec or area an offense under(his sedan,the offense Is pun sheble by designated spealloany for persons with disoligit»e by I a M e of$500, (A)a pokliat subdivision;car • 0) I'a Juetka of tM peaca or a"a requires a person cawkled of on oflense under ibis led Wo perform (S)a person who owns a control private property community Santa,tlN Justice a Judge may not require ON f,:AA w. parking"b which a political subdivision son per to soak more then 100 hours. I ;s provided for the application of this section under COMMENTARY. W&W the presurnpllen provided by this Subsection A eeetion,Collated parklr.;vblotiona would be vklually (2) the person dome not have a disabllfy;and Impossible to prove. The affect of the presumption It to (7) MI parson is not UsrnpOAinq a person will a require the Owner of the Womble to produm evidence (3) th liN "he or she was not that person who p0od IN vshkle. N no such evidence Is presented,the presumption Itself it (b)A person caamih an offense 0 the person perks a enough to convict. Sul of course,@N Jury mull be which On which kermta plates issued under Sectli instnrcted Nat this preswroftm 4 rebuttable Ind not 602 267 are red displayed and a disabled paAdrg placard mandatory.that le, hs or she may And the presumed fad is not displayed In a perking span or area designated but is not required to w find. Panel Code Sedan 2 06. In specifically for and vbwls with di"bilbes by' IN case of a rental vehicle,the renal perry apparaMty would be presurmad b haw parked gN ca Or Mousy,the (1)a Political subdrr[f[on;or agency could"sly OwrCOnN the prewmptldn, (2)a person who owme or cCMroh"ale property ATION O!PLACARO, used for parlung as 10 which a palival subd~has (� A I 1'b Perna 1' P bakaval Intl m o>br3a provided fa this pptbation of this section under t 011[at a[m fib gggy�N M P.Subfedion(Q. � (e) A arson cornmk d a an offence the person perks a se Not Lien u neon ifN BQUM vol iG41 so that Me vehice blocs an"itedunl improvement designM to led porsonS with disabiRtiee. fiffin.,* warms earmMi�.otkw imdudvg an access a curb nmp. gad gian"6M rNum and daca(A to tM "anal (d)A person oommita an offense d Me person fends a "tam a was seised. H thlOtAGtf ttref d eabled palling placard issued to the person to a parson caum r en Me fM d who uses the placard in violation of this sector, it) In a proseONion 1, sere he section.A is praunhed that the depairlm" the registered owner of the moles vehicle Is the person who parked the vat ice at the time and place the offense d On"Att 21 thill person 14011 oomi-ted. r who failed.N da"aArtenl Shelf POI1Qucl (1) A political subdivision may provide that Nis amid a l ,.a a lM"Beard ehouid be relurNd 10 lee dan0111 apptlet b d parking space Of and for paWAI with disabilities On private properly Mat h designated In comptlence wish I N Iddhik4 ion re0,uiremenb refired fo Effecove date 9/119? r in So torl"I 00ft COMMENTARY;A few enforcement off[Cr who bell"" (pt Erupt a provided by SubeedioM(h).(k), an offense that In offense Sus OOMW undo nth Section N the under v,a section N a misdemaana pumishaNe by d 11M of of$oar s prow4e shelf table M1 disabled parking placard, not ms Nan 111Q0 a more Men$200 The oMcer shelf delefmine real later than 4$Roan 111411'IM ;n) H k is sawn On the inaf d an offense under Mh secure wh 1'i probable cause 41sf#%d to believe NM an offense woo am"M41d Should 9N O"f W Arld section that the person his been previous! corwlded OM probable Cute,the"Mar Shelf promptly fill^the p041ard t me of on offense under this Sedion,the offense Is 2tsp TEXAS VEHICLE AND Ti tAFFtC LAWS Ind E; 2T9 C` ApWI�I Np Apollo lbm AGENDA iNFORd1ATION SHEET AGENDA DATE; June 15, 1999 DEPAR'fAIENT: Police CNI: Michael W. Jez SUBJECT An ordinance of the City of Denton,Texas amending Article 1 of Chapter 6 of the Code of Ordinances relating to "Animals"by adding Section 6.37 to provide for the transfer of impounded animals to humane societies or other similar agencies; providing a severability clause;providing a savings clause;and providing an effective date. BACKGROUND: During the November 17, 1998 Regular City Council Mecling, Council received a citizen report from Becky Parton. his. Parton requested the City's Animal Control Department provide for the Iransror ofdogs and cats to animal rights organizations and humane societies to prevent euthanasia of the animals. This ordinance amendment is submitted for consideration in response to that request. I Chapter 828 of the Health and Safety Code requires that any dog or cat released for adoption by a public or private animal shelter must be sterilized or the new owner must sign an agreement to have the animal sterilized. The shelter is responsible for ensuring all adopted animals are vaccinated and sterilized as required. Currently,Chapter 6,Section 6-33,of the City of Denton Code of Ordinances requires an , adoption fee and a deposit with a veterinarian for vaccinations and sterilization. The adoption fee is ten dollars and the required deposit is fifty dollars for each Animal adopted. The new owner Is responsible for providing the Animal Control Department with documentation that vaccinations were administered and sterilization was performed if necessary. Thcre is no exception for humane societies and other animal rights organirallons. Th:s ordinance would provide for the transferal of enimals to humane societies and other animal rights organizations tmd a waiver of all fees and veterinarian deposit requirements. T he responsibility of complia,+cc with - xcinadon and sterilization requirements of the Health and Safety Code would then be transferred to the receiving organization,thereby relieving the Animal Control Dcpartmcol of that responsibility. Such transferal of animals is an accepted practice in most area municipal animal shelters including Lewisville, Dallas and Ft. Worth. Cu :cntly,organizations either opt not to adrnt animals z from Denton or adopt fewer than they might inhere were no adoption fee. The Animal Control Staff has been told by members of these organirallons that the adoption fee and the required documentation are a deterrent to their utilization of the City of Denton Animal Control Sheller, I i The sole intent of this ordinance is to increase the number of animals adopted and, therefore,decrease the numbor of animals that must be cuthanized, This exception is intended only for those recognized organizations whose purpose Is to find homes for animals and not individuals who operate"adoption"services from private residences without the resources necessary to find homes for large numbers of animals, The Animal Control Department will establish administrative requlrements for organizations to ensure that the intent of this ordinance is preserved, Animals that are brought into the Shelter must be held for ninety-six(96)hours before they are eligible for adoption. This holding period allows the owner an opportunity to claim the animal. During this period,individuals and organizations that Identify an f animal they would like to adopt may place a"hold"on the animal and are contacted if the animal is not claimed by the end of the holding period. Sines the Cr•al is to find homes for these animals,individuals have priority over the organizations ir.,he adoption process and, if this ordinance is approved,individuals will continue to have priority over organizations in the adoption process. OPTION 1. The Council can choose to approve the ordinance and allow for the transferal of animals to humane societies and animal rights organizations with a waiver of all required foes and deposits. 1, The City can choose not,o approve the ordinance. RECOMMENDATION The Animal Control Department recommends approval of the Ordinance, (i) The transferal of animals to these organizations will increase adoptions and decrease the euthanasia of animals. (2) This ordinance will scree to further solidify the positive, cooperative working relationship between the Animal Control Department and animal rights organizations. (3) Reducing the volume of euthanasia will signific►mily Improve the officers' environment,Increase Job satisfaction, and decrease the attrition rate of employees. PRIOR ACTIONIUVIEW1 None ire FISCAL IMPACTt The City currently c�illccts a 510.00 adoption fee from these organizations. In 1998,organizations adopted approximately 670 animals, finned on the experience of other municipal shelters, Staff estimates these organizhMons will claim an additional s10 animals if the transferal process Is approved. Is 7 o 0 The cost of euthanasia per animal Includes S 1.05 for tranquilization and euthanasia serum and$5.00 for the destruction of the animal, for a total cost of$6.05 per animal utilizing these calculations,the City will experience a decrease In adoption fee revenue of approximately $6,700 fur the animals the organizations currently claim. However,the City will save approximately$4,900 in operational expenditures through the transferal of animals that would otherwise be euthanized. therefore,waiving the adoption fee will actually cost the City approximately 51,800. I RelpecAtully submitted, /01 L. Matheson Chief of Police Prepared by, 4=eer84;ions right Captain i I . i 4 ryA' . �Ir 3 f , t • i F hhereddept, 000ur Arent lee doc ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ARTICLE 1 OF CHAPTER 6 OF THE CODE OF ORDINANCES RELATING TO"ANIMALS" BY ADDING SECTION 6-37 TO PROVIDE FOR THE TRANSFER OF IMPOUNDED ANIMALS TO HUMANE SOCIETIES OR OTHER SIMILAR AGENCIES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Legislature has enacted legislation, codified as the Texas Health and Safety Code, Chapter 828, which sets out requirements for immunization and sterilization of dogs and cats adopted from releasing agencies;and WHEREAS, Chapter 828 of the Texas Health and Safety Code provides that releasing agencies may be public or private animal pound,shelter, or humane organization; and WHEREAS, it wuuld be in the interest of the City of Denton to allow transfer of the custody of impounded animals to animal shelters or humane organizations to be the releasing agency responsible for complying with Chapter 828 of the Texas liealth and Safety Code; and WHEREAS, the transfer would be made without any fee because the animal shelter or humane organization would be the releasing agency responsible for complying with animal adoption laws;NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SrTIO 1: That Chapter 6 of the Code of Ordinances titled "Animals" is hereby amended by adding Section 6-37 which shall read as follows: 6.37 TransferofAnima lsroother Releasing Agencies. The custody of dogs and cats eligible to be placed for adoption under Section 6.33 may be transferred without fee to animal shelters or humane organizations so that these organizations may act as releasing agencies and place the animals for adoption pursuant to Chapter 828 of the Texas Health and Safety Code. Before any animals will be transferred to other releasing agencies, these agencies must meet any administrative requirements established by the City of Denton Animal Control Department. All responsibilities required of releasing agencies tinder Chapter 828 for the adoption, Immunization and sterilization of Impounded animals shall be solely the responsibility of the animal shelters or humane organizations 1„" the City of Denton shall retain none of these responsibilities up�a transfer. The transfer of the animals eligible for ar.,ption to alternate A reheasing agencies shall be made without any fee. ( r;- SECTION 11: it any section, subsection, paragraph, sentence, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction,such holding shall not affect the validity of the remaining portions of this i r v i I i w ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such Invalidity. SECTION III: That the repeal of any ordinance or any portion thereof by the preceding sections shall not affect or Impair any act done or right vestal or accrued or any proceeding, suit or prosecution had or commenced In any cause before such repeal shall take effect, but every such act done, or right vested or accrued,or proceedings,suit or prosecution had or commenced shalt remain in full force and effect to all Intents or purposes as If such „tdinance or part thereof so repealed shall remain in force. SECTION IV: That save and except as amended hereby all the remaining sections, subsections, sentences, phrases and clauses of Chspter 26 of the City Code shall remain in full force and effect. SECTION V: That this ordinance shall become effective fourteen (14) days from the date of this passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record Chronicle, the official newspaper of the City of Denton,Texas,within ten(10)days of its passage. PASSED AND APPROVED this the day of JACK MILLER,MAYOR ATTEST: JENNIFER WALTERS,CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PRODJTY, CITY ATfORNEY BY: —� � 4 a u MIS Ma_- did no" V AGENDA INFORMATION SHEET AGENDA DATE: June 15, 1999 DEPARTMENT: Fiscal and Muniofpal Services ACM: Kathy DuBose SUBJECT A resolution nominating a member to the Bourd of Managerg of the Denco Area 9-1.1 District; and declaring an effective date. BACKGROUND I A Board of Managers governs the Denco Area 9.1.1 District, created In 1987, The county, participating cities, and the Denton County Fire Chiers Association appoint the board. Board members serve staggered two-year terms and are eligible for reappointment. The Emergency Telephone Number Act slates: "The board shall manage, control and administer the district. The board may adopt rules for the operation of the district, " The Board of Managers Is comprised of the following Individuals: Board Member Represents Chief atone R(Randy)Corbin,Chairman Dentod County Fitt Chiefs Assoc lation Dr,Allcn Ctoff,Vice Chsirmsn Denton County Commissioners Court Mayor 01ive Stephens,Secretary participating Citie Ilarlan kffcrson participatin;Cities !4 Al Brown Demon County Commissioners Court Mchin Willis GTF,Advisory IE This year, the term of Mayor Olive Stephens expires on September 30, 1999(see attached letter), Mayor Stephens is willing to serve another term. Y l r' 1 t II c u t ESTIMATUI SCHEDULE OF PROJECT Nominations are due by July 15, 1999. On July tv, the district will send copies of nominations to each city for consideration, requesting the city to vote for one of the nominees. The Denco Board of Managers will count the votes from responding cities. The candidates with the most voles will be the municipalities' representaQve to the Denco Area 9-1.1 District Board of Managers for the two-year term beginning October 1, 1999. Respeclful lyyssubmitted: Kathy D `uSose Asslit ant City Manager + Oy- 2 , I r i „ 1 �r RESOLUTION N0. A RESOLUTION NOMINATING A MEMBER TO THE BOARD OF MANAGERS OF THE DENCOAREA9.1.1 DISTRICT;AND DECLARING AN EFFECTIVE DATE. WHEREAS, the term of office of OIive Stephens, it member of the Board of Managers of the Denco 9-1.1 District,will expire on September 30, 1999;and WHEREAS, Chapter 772 of the Texas Healeh vtd Safety Code provides that two voting members of the Board of Managers of an Ernergenc) Communication District shall be appointed jointly by all titles and towns lying wholly or partly with the district; and WHEREAS, the City of Denton, Texas wishes to nominate a member to said Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON,TEXAS,HEREBY RESOLVES: SCION 1, That the City of Denton,Texas hercby nominates as a member to the Board of Managers of the Dew Area 9.1.1 Emergency Communication District of Denton County for a two year term to commence October 1. 1999. SECTION It, 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,CI7 Y SECRETARY BY: APPROVED AS TO LEGAL FORM: , HERBERT L.PROUTY,CIT '"fO'itNEY Ile t: I M,Mdr/IOIOr Ob,riwmJlanl,aanV^I71 mmMrr d 3 � G C! 3pndta to Ili r r AGENDA INFORMATION SHEET AGENDA DATE: June 15, 1999 DEPARTMENT: CMO CM/DCM/ACM: Rick Svehis,Depuq City Manager SUBJECTt Receive a report and consider a recommendation from the Bond Oversight Committee UACKGROUND: The Oversight Committee met in May for the lest time. They recommended allocation of the last money into three areas. The areas are: sidewalk funds, signal money and right-of-way acquisition money. I 4Y]14N&- N/A RFCOMMENI AT) IONS, The Oversight Committee and staff recommend approval SCHEDULE OFPROJEQ N/A PI:IOI;ACTIONMEVIFW(Count B,B. oards,Commission), N/A FISCAL INFORMATION: These are the last discretionary finds Icft In the 199$ band issue. Allocation of these funds will have no effect on the general fund. DIDINFORMATION: N/A LtAb N/A Respectfu;iy submitted: Rick Svehla Deputy City Manager ' 1 I � . . r r, I i "ITY OF DENTON TEXAS OFFICE OF THE CITY MANA0Er1.216 E. MWQn y 8tr"t-Dvnton,T#Ka 7/201 &&46116 MEMORANDUM DATE: June 15, 1899 I� TO: Mayor and Members of the City Council FROM; Rick Svehla,Deputy City Manager 4 SUBJECT: LAST RECOMMENDATION OF OVERSIGHT COMMITTEE In early May the Oversight Committee made their final recommendations. The backup for that meeting Is attached. The threee projects they sugQosted were extenslon of the bike path from Carroll to the square, reaRvating s+grkal money fia.7 the %Rwthrkige Village signal to the median and sl6nal work on Bell Avenue, and reallocating Borne of the right-of-wey money from Loop 288 to right-of-way and rail crossing Is -,es of the Nottingham project. Staff was able to brief the Committee and the Committee voted unanimously to recommend these projects to you. v ' Rick Svehla Deputy City Manager RS:af Attachment M f °(A ' U r, www.Grrofdenton.corn r ."1�1KVra�ra�al,7r.Gruier" r s 'I r i CITY OF DENTON, TEXAS OFFICE OF THE CITY MANAGER-215 E.McVdnnrry St1Nt•Denton4 Texas 76201 MEMORANDUM DATE; May 13, 1999 TO: Members of the Oversight Committee FROM; Rick Svehla, Deputy City Manager SUBJECT: BACKUP FOR THE LAST MEETING Those last two words"last meeting" really bring sadness and joy at the sometime. The sadness comes from the fad that staff will have worked for the last time with all of you, We're going to L miss you and we certainly appreciate the work that you've done. That leads me to the gladness (n part and that is to see another capital improvement plan finished in such a successful manner, We will have completed or have under construction all of the projects in the CIP. In addition, we've found money and ways to do more than the orlginal projects through negotiations with landowners, funding from other sources, Including TXDOT, Council, CDBO, and others. Finally, we have been able to do all of that In four years instead of five, So, I'm very proud of the work that all of you have done. We still have a little bit of work to do. We have three items in the transportation area that we need some direction and guidance on. Jerry and I have had a chance to meet with Terry about a 1 week and a half ago to discuss these three items i The first of the three items is what to do with the last sidewalk money. You may recall that we still have approximately$82,000 to allocate. At your last meeting we talked about giving you a list of sidewalks projects that are still on the list of projects. Since that time we have also had some discussions with the Council and they discussed a bike lane on Hickory Street from Welch to Carroll. Hickory Street is wide enough and the bike lane is an excellent idea for Hickory Street. The problem is that Carroll is not a very good terminus for that bike lane (i.e., there aren't very many destinations at Carroll and Hickory). When we thought about destinations we thought , about the logical destination for this bike path would be the square. That brought to mind some s discussions from the Vision Plan and some of the first thoughts and Ideas we had about the "Hickory Street"Corridor. In the Vision Plan, the proposed corridor ran all the way from the Visual Arts to University of North Texas along Hickory Street. In fad, in the downtown Improvements we still have pieces and parts of Hickory to get from the square back down to the Visual Arts Center. *"aftfdenton.eom "bnlK�tr�le {<�w�il y.Stnin" Memo to Oversight Committee Members May 13, 1999 Page 2 If we use the last $62,000 to make a tie between the bike path and the square we could continue thls original idea from the Vision Project. Jerry and his staff have looked at the area on the south side of Hickory from Carroll to the square. We believe there is enough room to build an eight foot wide sidewalk which would classify as a class two path. That kind of path allows both pedestrians and bicycles to use it: thus, we would be able to continue to extension of the Hickory corridor out toward UNT and ultimately tie all of it together. Certainly. the bike path and this walk/pedestrian path from Carroll to the square would help us continue In that endeavor. We think it Is an excellent project and staff would recommend it to you. The second project that we want to talk to you about is the signalization on Lillian Miller at Southridge Center. Since we last visited Jerry has had continued discussions with the owners of the Southridge Center. You may recall our initial goal was to build a new driveway further south along Lillian Miller from the Center with the new median turn lanes and slgnalization. Owners of the mall approached us and said that they would ;eally prafer the signal to be at the existing driveway Into the mall. We countered by saying we did not believe that that could be done with signal system that Is currently In place at 1.35E, Loop 288 and Lillian Miller and the signals near the mall. All of these signals are tied together and we did not think it would be possible to tie thls new slgnal at the Southridge Village entrance to that system because of the closeness and the way the Intersection works at 1.35 and Loop 288. The Southridge Village Mall people hired traffic engineers to conceptually evaluate if the coordinated system would work. They showed us the concept using new modeling software. We are now in the process of acquiring timing plans that would coordinate the rest of the system from Loop 288 back (north and east) all the way to Colorado Boulevard. This would enable us to see 9 those signals can all run In a coordinated sequence including the diamond intorchange at IH•35E on this new timing. If they can, then we are prepared to move forward with the Southridge Village Mall people funding the installation of a signal at the existing driveway. Thus, some of our costs from the original project would go away. If that's the case, we think that we will have approximately $50,000 or so from this project that could be used in other places. And, of co-,se, we have another place for you. If you've been following events of the council lately, you know that we just briefed the council on some new pedestriantvehlcular Improvements for Bell Avenue through the TWU campus. TVVU was concer ned about the movement of traffic and pedestrians through the campus area since they have had a number of near misses plus an accident last spring. The real concern was protection of pedestrians. Our concern was not only protection of the pedestrians, but the movement of traffic through Bell Avenue. We've come up with a new plan that would Improve the movement of traffic through Bell Avenue and at the same time, provide more safety such as protection for the pedestrians. This project consists of removing almost all of the parking on Bell Avenue, building new permanent medians, moving traffic and pedestrian signals and installing landscaping, Essentially the project would build new medians from University south to College Street and h, r south from there we would use pavement markings to extend the median separations all the way to Texas Street. We would move one of the mid-block signals from Stark Hall further south the ( Chapel Drive and provide new crosswalk systems there. We would also remove the mid-block www.tltyetdenLgrimp 4 r { { Memo to Oversight Committee Members May 13, 1999 Page 3 crossing just north of College Street and provide new pedestrian walkways at College and Bell Avenue. The project would be a joint project with the city and TWU sharing the costs of the medians. We would agree to move signals and TWU has agreed to do all of the landscaping and maintenance required for the medians. We estimate the total project to be around $100,000 and our cost would be approximately $50,000. Thus, we would recommend that we use the $50,000 that we would be able to save from the Lillian MillerlSouthridge Center driveway project for the Bell Avenue project. The last project we wanted to talk to you about is use of some of the Loop 288 SPUR right-of-way money. I think that most of you know that we had approximately$600,000 to buy right-ot-way for the Loop 288 SPUR which was to run from Spencer Road to State School Road at 1-35 E. Initially this was to be a SPUR that was essentially In a straight line from Spencer and Loop 288 to State School Road and 1.35E. You may recall that early on we ran Into a great deal of trouble with, particularly the Spencer's and with them wanting to be paid a very high price for this right-of. way, We also fan into trouble with TXDOT in terms of trying to get them to participate in these costs, particularly since we were building an overpass for Loop 288 at Spencer. After further review of that overpass we found that only one movement would not have to stop using that overpass and all of the other movements on both Loop 288 and Spencer would have to stop. Since all of those movements were having to stop we did not see the sense in building the overpass. Once we began to look at not having an overpass there and using the signal we then began to look at using the existing right-of-ways along Spencer and Meyhitl Road as the Initial alignment, especially since we were having trouble obtalning right-of-way. I think most of you know that the City owns all of the property on the east side of Mayhill from Spencer South to the Hickory Creek Mobile Home Park. The Mobile Home Park has already dedicatee the r'ght-of-way for Mayhill. f=inally, we would have to cross Andrew Corporation before we got back to State School Road. If we use the existing right-of-ways to get across the landowners on the northern end of the project, we would only have to buy ten feet of right-of-way for our right-of-way needs now. Thus, we believe that we would not have to use all of the right-of-way money for this project. We would further suggest that we negotiate very strongly with the land owners on the cost of this right-of-way since we will building across and in front of undeveloped land and the developer will not only be paid for his right-of-way,but he will receive a free road, Therefore, we would suggest that we offer a very low price for this right-of-way and d the landowners were not agreeable to this then we would suggest waiting for them to plat. Then they would have to dedicate the right-of-way free and clear and to build a piece of this road, We do this because we believe two other things will help us eliminate the congestion on Loop 288 just as efficiently. The first of those is a project that we have joint funding for from the county and that's Brinker Road. We would suggest that Brinker is built with new bond Issue money and thus we would have an alternative to get from the Loop around the mall traffic and to 1.35E south, Secondly, because we !, removed the overpass from the Loop 288 project that project has now been moved up and we believe that within the five years we will have a six lana divided facility built on Loop 288. So, we believe we can afford to wait for the developers on the SPUR, If we don't use all of the right-of- wwv�uNgdgr ton,corn �' 3 . o ^ c. Memo to Oversight Committee Members May 13, 1999 Page 4 way money for Loop 288 we have a project in mind for that extra money. Its called Nottingham. Most of you know that we continue to have extreme difficulty with the railroads and now a gas pipeline company on the Nottingham project. We relieve we will need this axtrs funding in order to build the railroad crossing and to meet all of fire demands of the railroad and to rebuild and realign the gas pipeline for some of the drainage systems that are on Nottingham.We believe this extra$200,000 would finally allow us 10 move off of dead center with the Nottingham projed. So, we think we would be able to build both projects and we would recommend We to you. So, those are the three projects. We think they are good project. We think they are a way to use our money efficiently and we would ask for your moommerxfition to ft Council on all of them. Once again, Terry has reviewed on of them and thinks this Is a good way to spend our money. If any of you have quesWns, I will be happy to try and answer them for you. Otherwise,we look forward to giving you a short tour Monday morning to show you one last time some of the wonderful work you have helped guide and make happen. We will leave from City Half at 9:30, and we look forward to seeing you then. C R ck Sve� Deputy City Manager RS:af Attachments i YONIf.GI04�fG� 6 I 3 TEXAS WOMAN' S UNIVERSITY Denton / Dallas / Houston J _1 =AN.5C k � UNIVERSITY DRIVE ^�r� - o ° I l=am o mmF !1 \ STUDENT CENTER ,ZONES HALL GUINN c STOODAR MITH-CARROL e TAR CFO MCL CHAKt ME i REDBU a THEA E OLD MAIN f HOSP, i Q HUMAN DEVEL. PIONEER i� BLDG. HALL — UNDERGRAD. SCIENCE LAB. DANCE k (_" �0 - ° YM.LAS. a POOL BAN E Y 6j 7 e I TR STUDENT -- �rV ~ I rI c, u No - Or4� new^�f2 AGENDA INFORMATION SHEET AGENDA DATE: June 15, IM DEPARTMENT: CMO CM/DCM/ACM: Rick Svehla, Deputy City Manager SUBJEC"I: An ordinance amctading the Interlocal agreement between the City of Denton, Texas,and Texas Woman's University adopted per ordinance No.98.315 to provide funding for Bell Avenue improvements in addition to funding for the construction of off-sheet parking to replace parking lost by the expansion of U.S. Highway 980 and a jogging trail; authorizing the Mayor to exec-ite the agreer�ient; approving the expenditure of funds therefor; and providing for an effective dale. BACKGROUND: TWU approached us several months ago to ask if there was a way to jointly look at providing more pedestrian safety for Bell Avenue through the campur. The staff also wanted to maintain capacity of Bell Avenue for vehicular traffic. We have done work with our consultants and found a way to Improve pedestrian safely and to ensure the capacity for Bell Avenue. This was presented to Council at the work session on May 11, 1998. Our recommendation was for approval if recommendation for funding from the bond funds could be gotten from the Oversight Committee. The project would install medians and move signals on Bell Avenue as well as removing all of the parallel parking on Bell Avenue. The project will have north and south through lanes, turning lanes and also medians to help protect the pedestrian traffic. The cost would be split. The Interlocal agreement that is attached would be the basis for this cost allocation. RECOMMENDATIONS; The Oversight Committee recommends approval of the project and the funding. The Board of Regents at Tµ'U met on June I&and approved the signing of the Interlocal ' agreement. Starr would recommend approv4-1 of the ordinance and the Interlocal agreement. ESTIMATED SCHEDULE Of,PROJECT: N/A PRIOR ACHONlREViE'A (Council, Boards,Commission): N/A .� F35CAC. INFURMATEUN: Approximately$50,000 of cost would be funded from bond money. DID INFORMATIO (: N/A NIA IL: NIA Respectful lived: �r, � Rick Svchla a. Deputy City Wringer ,u,laxouW.Ayr�aO +an.r T"Nib,A,.r r.r ORDINANCE NO. k AN ORDINANCE AMENDING THE DMRLOCAL AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND TEXAS WOMAN'S UNIVERSITY ADOPTED PER ORDINANCE NO. 98.11 S TO PROVIDE FUNDING FOR BELL,AVENUE IMPROVEMENTS IN ADDil[ON TO FUNDING FOR THE CONSTRUCTION OF OFF-STREET PARKING TO REPLACE PARKING LOST BY THE EXPANSION OF U. S. HIGHWAY 330 AND A JOGGING TRAIL; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAIT! SECTION 1. rat the City Council hereby approves the 41 ended Interlocal Agreement attached hereto,between the City of Denton and Texas Woman's Ui fruity to provide funding for Bell Avenue improvements In addition to funding for the constn k n of off-street parking to replace parking loaf by the expansion of U. S.Highway 380 and a Jo, ig Trail,and authorizes the Mayor to execute said amended Interlocal Agreement, SECTION if. That the City Council authorizes the expenditure of fluids In the manner and amount specified in the amended Interlocal Agreement. SECTION 111. That thfs ordinance shall become effective immediately upon its psaaage 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 ATTORNE:' t t✓1 r' By: c eE t? 1, t t INTERLOCAL AGREEMENT AMENDMENT THIS AMENDED AGREEMENT Is made and entered Into this_day of 7 me, 1999,by and between the CITY OF DENTON, a Texas municipal corporation, hereineRer referred to as CITY, and TEXAS WOMAN'S UNIVERSITY, a state supported university organized and existing pursuant to the laws of the State of Texas,hereinafter referred to as T%U. WHEREAS,CITY and TWU mutually desire to amend an Interloc l agreement entered Into the 20 day of April 1991,according to pruvisions of V,T.C.A,Government Code,Chapter 191,the Interlocal Cooperar!ur, Act, for the purpose of constructing parking and recreational facilities to be used by both students, ro ary and administration of TWU and citizens of the CITY. WHEREAS,u e CITY and TWU desire to expend tlds agreement to include pedestrian and traffic Improvements to Bell Av vue consisting of median construction and relocation of signals;and WHEREAS,these h,provememts will eliminate all the existing parking on the west side of TWIJ; and WHEREAS, It is also the desire of TWU and the CITY to eApand the puking facilities that the CITY originally agreed to build;and WHEREAS, TWIT Is dceirous of using pan of the CITY's contribution for the Jogging Trail to make additional improvements to the parking areas;and WHEREAS, TWU agrees o make up the transfer of funds from the logging Trail from its own revenue,and WHEREAS, by doing this the CITY's total obligation to TWU continues to be the same ($250,000)as in the original agreement; NOW, THEREFORE, CITY and TWU, in consideration of the mutual covenants hereinafter expressed, agree that the rnterlocal Agreement executed April 28, 1998, per Ordinance No. 94115 is amended so that hereafter same shall be and read as follows: ARTICLE ONE 1.0 The 131 Parking Spaces to be constructed pursuant to this agreement,hereinafter referred to as"Parking Facilities,shalt be located at such location u is designated by TWU and by CITY within 90 days of the approval of this agreement by the part lei. The Jogging Trail to be constructed pursuant to thls agreement,hereinafter referred to as"Trail",shall be located at such location as is designated by TWU and approved by CITY within S J ears or the approval of this agreement amendment by the parties. CITY agrees its approval shall not be unreasonably withheld. Costs shall be reviewed by TWU. 1.1 CITY shall furnish, except as may be otherwise provided berets,at CITY's own cost and expense all labor,services, material and work for the construction and completion of the work tecess.,y ror the construction of the parking facilities proposed within this Agreement. The CITY shalt 14mish all labor, services, material and work for the construction rnd completion of the Improvements to Bell Avenue and shell abet the cost of those Iml Pavements and be reimbursed according to the attached exhibit 01. hosts ! shall be reviewed by TWll. � C 1.2 TWU shall furnish,except as maybe otherwise provided herein,at TWU's own cost and expense,all labor,services,material and work for the construction and completlon of the work necessary for the "struetion of the Trill proposed with this agreement TWU I 2--Interlocal Agreement Amendment,City of Denton&TWU,June, 1999 shall famish all landscaping in the medians and all labor, services, material and work expended in said landscaping shall be at TWU's cost. 1.3 CITY shall construct the parking facilities in conformance with the plans and specifications used by the CITY in tonshvcting parking facilities within the CITY, The CITY shall construct the Improvements on Bell Avenue with plans and specifications used by CITY In constructing median facilities within the CITY, The proposed plans and specifications for the parking facilities and median will be submitted to TWU for Its review and approval prior to beginning construction. TWU agrees that its approval shall not be unreasonably withheld. 1.4 TWU shat' construct the Trail In accordance with plans and specifications that provide for an iniliclal surface. The proposed plans and specifications for the Trail will be submitted to the CITY for its review and approval prior to the letting of die construction contract for bid. CITY agrees that its approval shall not be unreasonably withheld. M IIUE.M IA The CITY agrees to contribute Fifty Thousand and Thirtyont ($50,031)Dollars to the n Improvements on Beli Avenue. TWU agrees that Fifty 1h-jusa d Four Hundred and Seventeen ($50,417) Dollars shall be the tosts for Its share of Improvements to NO Avenue. Both entities agree to pay the actual construction costs and split according to the r h and the CITY also agree that the above mentioned proportions of the total coal. TWU i B Filly Thousand Four Hundred and Seventeen(550,417) Dollar portion of TWU's costs shall be subtracted from the original Inierlocal agreement's total or One llundred and Thirly Thousand(5130,000)Dollars toward the construction or the Trail. Therefore,the Uv's Trail contribution shall be Seventy-nine Thousand Five hundred and Eighty-three (579,583)Dollars (5130,000 original cost • $50,417 Bell Avenue cost borne by City $79,583). 2.1 The CITY agrees to contribute Seventy-nine Thousand Five Hundred and Eighty-three ($79,583)Dollars toward the construction of the Troll or actual construction cost of the Troll,whichever Is less. The above compensation shall be payable upon written notice to CITY of the p,iting of the agenda for the meeting of the Board of Regents at which the award of the aid for the construction of the Trail Is scheduled roc action. This contribution Is contingent on the award of the bid for the construction of the Trail within rive(5)years orthe execution of this contract amendment by the parties. ARTICLE T71REE 10 The CITY, in behalf of os citizens, shall be entitled to use the trail, with access to appropriate off-street parking facilities not to exceed 30 puking spaces,when available, between sunrise and sunset on each and every day after the Trail has become operational, when scheduled classes,athletic events or practices administered by TWU are not being held, for a period of al least 11 v(3) years. The University reserves the right to prohibit certain persons from coming upon the Trail or any other portion of the campus under the provlslons of state law. The Trail will be considered operational when the general contractor for the construcllon of the Trail has been released by TWU [rots further responsibility under Its contract other than warranty work. 3.1 Should the joint use of she Trill by CITY end TWU as prescribed in Section 3.0 or this Agreement be laminated by TWU berore the tnd of the five(5)years joint use period, It Is expressly understood and agreed[hat TWU will lender to CITY one•frlth(113)of the i t 3•Interlocal Agreement Amendment—City of Denton&TWU,June, 1999 contribution for the Jogging Trail for each year that should have been remaining of the five(3)years Joint use period. 3.2 Should the Trail proposed by TWU be lightad then CITY may use the Trail between sunset and 10:00 p.m,each and every day during said five(3)year use period upon the monthly payment to TWU of the City's proportional share of the con of the fighting for CITY activities between sunset and 10:00 p.m.at times when classes, athletic events and practices are not administered by TWU. 3.3 The City is making payment for the govemn,ental services provided by TWU herein from available current funds;the funds provided are adequate for the services provided. ARTICLE FOUR 4.0 This agreement represents the entire and integrated agreement between CITY and TWU and supersedes all prior negotiations,representations and,'oe agreements,either written of oral. This agreement maybe amended only by written instrument signed by both parties. ARTICLE FIVE 3A Each proWdon and clause required by law to be Imered In this contract shall be deemed to be so Inserted and the contract shall be read and enforced, as thouth each were included. If through mistake or otherwise any such provision is not Inserted or is not correctly Inserted, the contract shall be amended to make such Insertion on application of either party. 11 It is understood and agreed by the parties that if any p4 term, or provision of this contract 6 held by the courts to be illegal or In conflict with any law of the state where made, the validity of the remaining portions or provision shall not be affected, and the rights and obligations of the parties shall be construed and enforced as if the contract did not contain the particular pan,term,or provision held to be invalid. Signed this_day of June,1999 TEXAS WOMAN'S UNIVERSITY CITY OF DENTON By:_ By: Dr.Brenda Floyd Jack Miller Vice-president for Finance and Mayor Administration ATTEST: ATTEST, W Secr.mry City Secretary Texas Woman's University City of Denton Statc of Texas County of Denton APPROVED AS TO LEOAL FORM APPROVED AS TO LEGAL FORM �f' John Lawhon,General Co msel Herlxn L. Prouty,City Alton ay r f r C By: .� By; i r , u BELL AVE median construction (Taxes to University) 4.27•L9 Revised 67.90 Description Ouanttf Unit Uni!Price CRy TWU jig&Bare 1214 kA 4 4868 3'Electric Condult 800 LF 3 2400 4'Bon and Casino 26 i 1 7F 4'Asphalt Patch 200 Ton 28 8800 As Saw Cut 8000 LF 0 0 ! 3Y 16 0000 Trow 3 e 20 EA 100 Soping 1200 LF 1 1290 4'Conoreto Flatwork 367 BY 28 1 78 lextured 967 BY 33 12111 Cap Net on 4340 F 26040 hsteed of curb w _ toW 80082 TWU total i _ 112 msdlen costs N 3 Move!Remove s Ws 26000 0 Lend I 0 TOW 80031 17 MINIMS i I r, AGENDA INFORMATIONSIIEET Agenda No 99- A.21/ Agenda Item "►E `1 .t DOW—4 - Ir• 99 AGENDA DATE: June 1.0 1999 UEPARIMENT: Planning& Development CM/DCM/ACM: Dave Ilill,349.7233 SUBJEC� Consider adoption of an ordinance amending Article ll "Board of Adjustment" of Chapter 35 of the Code of Ordinances of the City of Denton to provide for it seven-member board and three alternates with the terms and the powers set forth in the body of this ordinance; providing a severability clause; providing a savings clause;and providing an effective date. BACKGROUND As per the May 1 1999 Charter Election and In accordance with instructions received from City Council on June 8'l', 1999, the City Attorney has prepared an ordinance designed to expand the Zoning Hoard of Adjustment(ZBA)from 5 voting members to 7 voting members. Because nearly all ZBA actions require a super-majority vote, alternate members(appointed to serve if permanent members are absent) have been increased in number, from 2 W. In addition,the alternates are disti ngul shed as first, second, or third alternate to determine the order of replacement for absences. The current membership on the Board of Adjustment is as follows ZONING BOARD OF ADJUSTMENTt _ PROPOSED M EM BERSHIP STRUCTURE _ Place 1 Member Position 14 Term 2nd Term ! 3'd Term 1 _ Tom Reece Permanent 3/93-3/00 2 Larry Collister Permanent 7/94- 7/96 7/96- 7/98 7198 - 7/00 3 Vacant Permanent 7/99 -7/01 4� Vacant Permanent 7/99-7/01 _ 5 - Bob Manning Permanent 8/97-8/99 8/99-8/01 6 Rachel11a2s _ Permanent 7193- '1195 7/9S-7/97 7197- 7/99 7 Joe Dendiick Permanent 5/99-7/01 Vacant _ 14A1 ternalt T/94-7196 _ Ati Gn htuirhead 2"_Alternate 7/96- 7/98 7/98 - 1100 All Vacant v3''aAlternste 7199-7/01 Note. As proposed, 4 permanent members would have terms ending on odd years, and 3 permanent members would have terms ending on even year. 'therefore, the new Place 6 member should be appointed for a one-year term, from 1999.2000. Two alternate members A, , would sere terms ending on even years, and one alternate member would sere a term f !' ending an en odd _ ar=______ t i c c, OPTIONS 1. Approve the ordinance as proposed 2. Approve the ordinance with amendments. 3. Postpone action or withdrew the ordinance. RECOMMENDATION Staff recommends approval of the attached ordinance, Staff also recommends that the three permanent positions Place 3(Cm. Cochran),Place 4(Cm. Kristoferson), and Place 6(Cm. Burroughs)be filled by nomination by the appropriate Council member and confirmed by the full Council. In addition, candidates for two alternate members should be nominated from the Council at-large and confirmed by the till Council. ESTIMATED SCHEDULE OF PROJECT Upon approval of the ordinance, City Council will need only to make the necessary appointments to allow the Board of Adjustment to function regularly with Its expanded membership, PRIQ8 ACTIONIREVIEW May l , 1999 Charter amendment approved by voters deleting ZBA from Charter,allowing each City Council member the opportunity to appoint a member June 0, 1949 City Council Work Session ro lew of suggested ZBA structure and appointment responsibilities FISCAL INFORMATION Board of Adjustment members serve on a voluntary basis. No additional funds will be necessary to support the expanded membership roster. Exhibit A: Draft Ordinance Respwfblly Submht Assistant City Manager of Development Serv{res l i _ l E �. r l EXHIBIT A ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE 11 "BOARD OF ADJUSTMENT"OF CHAPTER 35 OF THE CODE OF ORDINANCES OF TH E CITY OF DENTON TO PROVIDE FOR A SEVEN•MENIBER BOARD AND THREE ALTERNATES WITH THE TERMS AND THE POWERS SET FORTH IN THE BODY OF THIS ORDINANCE; PROVIDING A SEVERABILITY CLAUSEI PROVIDING A SAVINGS CLAUSEt AND PROVIDING AN EFFECTIVE DATE, WHEREAS,on May 1, 1999,in an election to amend the City Charter held in conjunction with the regular City Council election, the citizens approved an amendment to Section 10.07 of the City Charter to remove the Board of Adjustment from the Charter and to require that a Board of Adjustment be created by ordinance to be composed of at least seven members; and WHEREAS, the City Council deems it in the public interest to enact such an ordinance;NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. ]hat Section 35.41 "Organization of Board of Adjustment" of Chapter 35 of the Code of Ordinances of the City of Denton is hereby amended to read as follows. See.35-41. Organization and Creation of Board of Adjustment. (a) There is hereby established a Board of Adjustment which shall consist of seven members, j each to be appointed by the City Council for staggered terms of two years Members maybe removed 1 for cause by the City Council upon written charges and after it public hearing All members of the board shall serve without pay Vacancies shall be filled for the unexpired term of any member whose place becomes vacant for any cause, in the same manner as the original appointment was made The City Council shall appoint three alternate members of the board who shall serve in the absence of one or more of the regular members when requested to do so. The alternates shall be designated the first, second, and third alternate, and shall serve in the absence of one or more members. Alternate members l shall serve in their designated numerical order. For example, in the absence of one member of the board,the first alternate shall serve. All cases to be heard by the board will always be heard by a minimum number of six members The alternate members, when appointed, shall serve for the same period as the regular members, which Is for a term of two years Any vacancy shall be filled in the same manner as for regular members for the unexpired term. Alternate members shall be subject to removal in the same manner as regular members (b) The Board of Adjustment shall have all the powers enumerated in Tex. Loc. Gov't Code §211.008, et seq . as this law now reads or may hereafter be amended, Each case before the board r' must be heard by at least seventy-five percent (75°x:)of the members, and it concurring vote of seventyflve percent(131,16)of the members shall be required to take the actions set forth in Tex. Loc. Gov't Code §211.009. All meetings of the board shall be held at the call of the chairman, who shall be designated by the City Council,and at such other times as the board may determine All meetings of the board shall be open to the public The board shall keep minutes of its meetings, showing the vote of each member upon every question, or if absent or failing to vote, indicating such fact. Every order, 3 e u requirement, decision, or determination of the board shall immediately be filed with the City Secretary, a and shall be a public record. (c) All members of the board shall comply with the provisions pertaining to all boards and commissions set forth in Sections 2.61 through 2-65 and 2.81 through 2-84 of this Code of Ordinances. Section 2-83(c) states that the unexcused absence of any board member for more than three regularly called and scheduled meetings of the board In any one year or lack of attendance of more than 5t)%of the number of regular meetings in a year, unless such absence is the result of personal or family illness or death, shall be considered "cause', as that term Is used in Section 14.16 of the Charter,for removal of the member by the City Council from such board, The City Council may remove a board member for cause,as found by the City Council, on a written charge after a public hearing (d) Upon application of any person aggrieved by any order,requirement,decision,or determination of any administrative official concerning any zoning ordinance or the exercise of powers herein conferred relating thereto,the Board of Adjustment shall give a fill and fair hearing to any such person. After said hearing, if the Board of Adjustment is of the opinion that the order,ordinance, or decision of the administrative ofiiclal is Inequitable or unjust, it shall have the power to permit exceptions to or variances from the strict application of the regulations In such situations and In accordance with the principals, conditions,and procedures specified in this ordinance and all applicable laws. SECTION I . That if any section, subsection, paragraph, subparagraph, sentence,clause, phrase, or word in this ordinance, or application thereof to any person or circumstance 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 enacted such remaining portions despite any such validity, SECTION It 1. That save and except as amended hereby,all the sections,subsections, sentences, clauses, and phrases of Chapter 35 of the Code of Ordinances of the City of Denton shall remain in full force and effect SE01ON 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 1 - APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY.CITY ATTORNEY BY: 3 -- i J U U I I .�bfltla Np, ', nw AGENDA INFORMATION SHEET AGENDA DATE: June 15, 1994 DEPARTMENT: Parks and Recreation ACM: Rick Svehla F3 SUBJECTL An ordinance amending Article 1, Chapter 22 of the Code of Ordinances of the City of Denton to create a parks and recreation board composed of seven members who shall make recommendations on parks and recreation to the City Council and the Director of Parks and Recreation In an advisory capacity, and mull perform other Mctions as set forth in the body of No ordinance; providing a savings clause; providing it severability clause; and providing an etT,xt�ve date. AACKGROUNID: At the work session on June 0, the City Council reviewed a draft ordinance creating a seven-member Parke and Recreation Board. The staff was then directed to place the ordinance on the June 1 So meeting agenda for Council comiderstion. OPTIONS$ The City Council may adopt the proposed ordinance,or amend it as desired. RECOMMENDATION] Staff recommends approve of the ordinance as proposed, PRIOR Aal1ON/REVIEW: City Council work session on June 8, 1499. FISCAL INFORMATION! No Impact. EXHIBITS: I. Proposed ordinace Respectfully submitted; Ed� y�re yar` Parks and Recreation i c ' c• RAF"t D ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE 1, CHAPTER 22 OF THE CODE OF ORDI- NANCES OF THE CITY OF DENTON TO CREATE A PARKS AND RECREATION BOARD COMPOSED OF SEVEN MEMBERS WHO SHALL MAKE RECOMMENDA- TIONS ON PARKS AND RECREATION TO THE CITY COUNCIL AND THE DIRECTOR OF PARKS AND RECREATION IN AN ADVISORY CAPACITY, AND SHALL PERFORM OTHER FUNCTIONS AS SET FORTH IN THE BODY OF THIS ORDINANCE; PROVID. ING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;AND PROVIDING AN EFFECTIVE DATE. l WHEREAS,on May I, 1999,in an election to amend the City Charter held concurrently with the regular election to elect councilmembers, the citizens amended Section 11.02 "Parks and Recreation Board" of the City Charter by deleting the Parks and Recreatiai Board from the Charter and requiring that a new board composed of at least seven members be created by ordi- nance; and WHEREAS, the City Council deems it in the public interest to create a seven-member board to advise the City Council and the Director of Parks and Recreation on park and recrea- tional activities;NOW,THEREFORE; THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION . That Article 1 "in General" of Chapter 22 "Parks and Recreation" of the Code of Ordinances of the City of Denton is hereby amended by amending Section 22.1 and adding Sections 22.2 through 22.4,which shall read as follows: Sec. 22.1. Board appointed. There is hereby created a park sad recreation board which shall consist of seven residents of the City of Denton, Texas. The members of the park and recreation board shall be appointed by the City Council for a term of two years. Board members shall be eligible for reappointment in accordance with Section 2.65 of the Code of Ordinances. The board shall elect Its chsirpeison from among its members, and he or she shall serve for two years, or until his or her successor Is elected and quatified. All members of the board shall serve without pay, and the board shall adopt such rules of procedure and other rules u may be necessary for the regulation of its ln,si- ness and affairs. See. 22.2. Attendance. All members of the board shall comply with the provisions pertaining to all boards and ! �'- commissions set forth In Sections 2.61 through 24., and 2-81 through 2.94 of this Code of Ordi. nances, Section 2.83(c) states that the unexcused absence of any board meml'er for more than three regularly tailed and scheduled meetings of the board In any one year or lack of attendance of more than SO°/. of the number of regular meetings In a year, unless such ,bsence is the result ors. personal or family illness or dea& shall be considered"cause", as that term is used in Sec- I c c, 'ion 14.16 of the Charter, for removal of the member by the City Council from such board. Board members shall be subject to removal in accordance with this Bad on and other applicable Provisions of this Code of Ordinance s,the City Charter, and other applicable laws. Sec. 22-3. Advisory board. The board shall serve in an advisory capacity to the City Council and the Director of Paris and Recreation, The board and the Director of Paris and Recreation&hal; meet bi-monthly and at such other times a the board may,by resolution,determine. The board shall submit to the City Council an annual report of its operations, toSedw with Its raommendalions for the Im• provement of the park and recreation program a it may deem appropdste, Sec. 2" DUN & The board shill endeavor to stimulste public Interest In the development and maintenance of parks and Playgounds, and a well-rounded community-wide program,it shall endeavor to In, terpret the work of the Park and Recreation Department and promote close cooperation between the City and all pfivste citiabas, institutions, and agencies, to the end that all tiwial facilities and resources within,or controlled by,the City may make their tn�iximum con . bution to the public welfare, M SECTIO1L1 , That if any section, subsection,paragraph, subparagraph, sentence, clause, Phrase. or word in this ordinance, oe applicati,m thereof to any person or pk se circumstance e, clause,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 enacted such remaining portions despite any such validity, SICEMn sentences cl s ind hat sae and except a amended hereby, all the sections, subwdona, tshall remain in full force and effec 22 of the Code of Ordinances of the City of Benton and epprovallY �t this ordinance &hall become effective immediately upon its passage PASSED Ahb APPROVED this the day of — , 1999. JAN—Ml_LL_ER­,MAYOR r r ATTEST; JENNIFER WALTERS,CITY SECRETARY BY: .g_ r C• U APPROVED AS TO LEGAL FORM: HERBERT L. PROUPY,CITY ATTORNEY BY: i i I A. t , - 3 c u i ApaMNe ' AGENDA INFORMATION SHEET Ap11dlMIAF Dw ' AGENDA DATE: June 1S, 1954 DEPARTMENT: City Manager's Office CM: Mike fez SUBJECT Consider appointments to City Council committees. BACKGROUND Membew of the City Council serve on designated standing committees to afford policy guidance and direction io the staff. The committee assignments are reviewed annually by the City Council to allow the opportunity to make adjustments if necessary, PB[QS��I4rI Council received a memo on May 281'detailing the current committees and asking for proposals for New rA pra nts. Attached Is a summary of those proposals. Respectfully submitted: Mic ael W.Jei City Manager Prepared by: ) �J nifer Walters City Secretary j t #%'� c c. I CITY COUNCIL COMMITTEFS a CURRENT J PROPOSED AGENDA COMMITTEE Mayor Miller Permanent member Mayor Miller(Permanent member Mayor Pro Tem Beasley Mayor Pro Tem Beast Ci Manager(Permanent member) City Mara er ermanent member AUDIT COMMITTEE Ma or Miller Mayor Miller(Permanent member Council Member Bunoughs Council Member Durance INVESTMENT POLICY COMMITTEE Ma oy r Miller Mayor Miller(Permanent member)_ Council Member Mstoferson MUNICIPAL COURT ADVISORY COMM. _ Council Member Durrance Council Member Kristoferson Council Member Youn VISION COLLABORATIVE Council Member Burroughs LALOR FUND COMMITTEE Mayor Pro T::m Beasley Mayor Pro Tem Beasley Council Member Cochran Council Member Young COMMUNITY JUSTICE COUNCIL _ Council Member Durrance LAKE RAY ROBERTS P& z Council Member Young CONVEN'HON & VISITORS BURFAU Mayor Pro Tem Beasley_ Mayor Pro Tem Beasley JOINT TAX ABATEMENT COMMITTEE Council Member Burroughs Council Member Dunwwe F.NVIRONMENTALCOMMITTEE Mayor Pro Tem Beasley 1 Mayor Pro Tem Beasle MONO Council Mcmbcr Krislofcrson c c BOARDSICOMb11SS10N NOMINATIL.Sv ApWom Aplede No AIRPORT ADVISORY BOARD D* Dist Current Member _Nomination _ Tarn Council I Hal Jackson 1997.99 Young 2 Rick Woolfolk 1997.49 Durrance 6 Don Smith 1997-99 Burroughs ANIMAL SHELTER ADVISORY BOARD Dist Current Member Nomination Term Council 7 Bob Rohr 1997.99 Mayor (representative oranlmaI welfare a anizatkm loannle Housewright 1997.99 Young (person works In daily openition of anbml sheher 3 Lynn Sv,4y w 1997.99 Cochran licensed vekkwian 4 Veronica Ro1en 1997.99 Kristoferson ci ofl3dal BOARD OF ADJUSTMENT Dist Current Member Nomination Term Council 1 Tom Reece 1997.99 Young 2 Larry Collister ItVS-00 Durrance 3 Vacant 1959.01 Cochran 4 Vv.ant 1999-01 Kristolerson S bob Manning 1998-0 Beasley 6 Rachel Mays 1497.% Burroughs (not eligible for respooLn frrtent 7 JoeBcndzick 1997.99 Mayor Alt.t 1994.2 Alt.2 1999.01 Alt.3 1499.00 i t COMMUNITY DEVELOPMENT ADVISORY COMMITTEE Dist Current Member Nomin4ot. Tenn Council I Harry Bell 1497.99 Young 2 Lisa Polack 1497.44 Durrance (not eligible for rcn Intrnent 4 James McDade 1997.99 Kristoferson pun eligible rot rcn intm,at 6 Roberts Donsbach 1997.99 Burroughs CONSTRUCTION ADVISORY do APPEALS BOARD Dist Current Member Nomination Term Council I Young 1 Dunuce 3 Cochran 4 Kristoferson s _ r Beasley 6 _ Burroughs 7 Mayor DENT ON HOUSING AUTHORITY Seat Current Member Nomination Term 7 Rosemary RoMSucz 1947.49 _Millet_ 7 Bob Sherman 1497.99 Miller 7 Mark Chew 1997.99 Miller i' i HISTORIC LANDMARK COMMISSION Dist Cumnt Member Nomination Term Council 2 Clan Savage 1997-99 Durrance 4 Barry Vermillion 1997-99 Kristuferson S Peggy Capps 1997-99 Beasley f 6 John Baines 1997.99 Burroughs I Bullitt Lowry 1997.99 Young (not eligible for ma Intraent 3 Bob WT 1 1997.99 1 Cochran HUMAN SERVICES ADVISORY COMMITTEE Dist Current Member Nomination Term Council 4 Lynn Ebersole 1997.99 Krisloferson S Catherine Bell 1997-99 Beasley (not eligible for fc0 Itttfiettl 6 Vacant 1998.00 Burroughs 1 Mae Neil Shephanl 1997.99 Young 3 Jerri Locke 1997.99 Cochran S Peggy Kelly 1997.99 Beasley 6 KentMil!cr 1997.99 Burroughs 7 Elinor Hughes 1997.99 Mayor i� v r. KEEP DENTON BEAUTIFUL BOARD Dist Current Member Nomination Term Council I Vacant 1998-00 Young 3 Alice Gore 1997.99 Dun=" 4 Kelvin Kasparek 1997-99 Kristoferson I 5 Geri Aschenbrenner 1997-99 Beasley 1 Vemie Wilson 1997.99 Young 2 Vacant 1997.99 Dturance LIBRARY BOARD Dist Current Member Nomination Term Council 5 Linnie McAdams 1997.99 Beasley (tat eligible for _ reappointment 6 Michiko Hayhurst 1997.99 Burroughs 1 Lelean Brown 1997.99 Young 2 Carroll Trail 1997.99 Durrance PARKS AND RECREATION BOARD Dist Current Member Nomination Term Council Don Edwards 1997.99 Willie Hudspeth 1997-99 Dale Y,.atts 1996-00 Dalton Gregory 1997.99 Vacant 1996-00 New Position 1998-00 j New Position 1999-01 a PLANNING AND ZONING COMMISSION Dist Current Member Nomination Tenn Council +V 4 Elizabeth Gourdie 1997.99 Kristoterson 7 Susan Apple 1997.99 Mayor 1 Bob Powell 1997.99 Young 2 Rudy Moreno 1997-99 Durrance PUBLIC UTILITIES BOARD Dist Current Member Nomination Term Council Dick Norton 1993-99 Bob Coplcn 1993-99 Bill Giese 1996-00 Georg r,Hopkins 1998-02 Cuarldcan Newell 1997-01 New Position 1999-00 New Position 199?-01 TM1IPA BOARD OF DIRECTORS Seat Current Member Nomination Term 0 Bill Giese 1997.99 ALL TRAFFIC SAFETY COMMISSION Dist Current Member Nomination Term Council 3 Carolyn Bacon 1997-99 Cochran (not eligible for reappointment) 4 Harry Phillips 1997-99 "stoferson S Charles Ridcns 1997.99 Beasley 7 Jim Hobdy 1997-99 Mayor C . 1. MAMDOU7 TO CO{N OL GAIN". F 2nd ANNUAL a BLUES FESTIVAL 12 p.m .(noon) to 12 a.m.(midnight) Sat, , Sept. 18 , 1999 ' Denton Civic Center Park Ws event brought to you by the i;- KNTM RACK CNAM N c t, i NOISE WAIVER REQt.'YST a Blues Festiva!-September 18, 1999 a Second Annual Blues Festival a Noon-I 1:45,no musk after 12 a.m. a Two stages planned;one during the heat of the day under tree cover and the other from 6:00 p.m,to close, a Anticipated crowd of(t least 8,000 In the evening; 10,000 for day's total anendance. • The Denton Brack Chamber Is proud to be a pan of this community and we look forward to having people from across the state Into our community to share In the enjoyment of the event and Denton. i i 1 i M , v c. MMs190Nt To COUNC L tiapem l TEXAS WOMAN'S UNIVERSITY DIN TONI DALLAS IHOUSTON PHYSICAL PLANT P.tlbrn @5619 Dentory Tx 7M P4rone:9101a76�r7t MEMORANDUM June 14, 1999 TO: Mr.Rick SveliA _ City of Denton 215 E.McKiiiiiy St Denton,'*X 76201 �4 1 FROM: Larry O.liemson Director of Facilities Ma Is ement REi Interlocat Agreement Amendment for Improver.rents to Bell Avenue On June 11, 1999 the Texas Woman's University(TWU)Board of Regents approved that a contract may be executed between TWU and the City cf Denton,Denton,Texas which will provide,in essence, for sharing the cost in the amount of$50,417.00 to construct a i median and other improvements on Bell Avenue from University Drive to Texas Street. Positive comments were made on the working relationship between the City and TWU on resolving this safety issue. Again,thanks for your efforts. If you have any questions or comments,please contact me at(940)898.3132. t y i i I A C#yWkeedroe PYNie tinirereily Pdnwrily AN,woon An IqW Oommiryllor mrhv Anon rmploW Y * UT TO COUNCIL 06115199. , CarterwBurgess Op ru I � 1 I I ` � :r r , I o i a �¢ JOHNSON f(C1� L RAWFOR r i i� s VICINITY MAP — NoTaSo .,,Ws rellminQklpexl.dgn Jun, 69, F 3 , i I F .ti f? �' r L y �X � 1 � R�r fr ',. F t '' fn � �• �' � (� • j' L IN rA& 10 Fts��i`,���fj�7 _. N`t f A` rr•- �,�r � ay�. J �' t ♦ .� P' �f i f 4� NO r? ` fr. r yl ' tl�f, ,tj0 r r. ' . . .'1w �.'t-� ♦1 ,y r I u i ti WILLOW L 5011 ACRES 1675 YARNM SINGLE FAMV (GROSS 7.72 DIVA I FOHs Ya MONA P VICINITY 1) e ATn9 j A '1 A•a iA11R9 Aff�llAll N..u. a �At r = JA tow N , ! /A ItIIIIRY I� � � K IRF1111 � r NOTES � s CONCEPT PLAN U IN CENERAL COLIANCE WITH THE �` NP 1 t99B DLNTON GROWTH AIANACCNENT PLAN, LOT CRITERIA: ti THE DMLOPAtN? STANDARDS FOR EACH LAND USE ARE yNAAM LOT SII6 5500 SF PER THE CITY OF DENTUN CURRENT 0999,IONNO ORDNANCE AND IAMWUNI LOT WOTIk 50 FEET THE APPROYEO PO EONND ORDNANCE FOR THIS SITE, 'ANUTM FROTH7 SETBACI4 20 FEET WATER AND SEWER SERVICE IS TO BE Ex TENOED TO THE SITE HIN" NEAR SETBAM It FEET BY CITY OF DENTON, MbIWN SITE YARD SETBACK, S FEET BUAONO HEIGNTS.BUILONO COVERICE ANID FAR%ND STANDARDS PER THE CURRENT,1999 CITY OF DENTON ZONING ORDINANCE. f ,, C' L; R \K E S LEGEND OESCRWTgN AEPflOXM+TE ACREAGE DWELLING UNITS REl SCHHO�OOggLp 54TT�Ep �N 22 ACRES � l� C NA11Dt FV CENFEi11 TER 5 ACRES /}I a SAW FAMILY RESIDENTIAL 385 ACM ,.! PARAL►NUMN SPACE 25 ACRES RECVNAL WE 30 ACRES V `� � ♦� PARK TRAIL f + ! �� llR9AN TRAIL ��air- n e�ry i A� scant�� A<wanE j m wu POW � agar n. > IAAIJ 'r0°T C+ T L s ruw.c \I +new yT CONCEPT ALAN Iq " � ,✓ WILLOW LAKES A /�• I • moo° 506 ACRES / I •*� J IM MAX MW SO4CLE FAMkY OVU MSG MIS (GROSS 3.12 DU/ACREI r-� CGTY OF OENTON ISL"CT TO ANNEXATION) ,.,E %HM R i INTERNAL COLLECTOR IL RAFFIC Clg"E, /M1 f V'qi W6 NL� I f V - . PERIMEier, goLIECTOR r ' 5TKEET DEVELOPMENT -� T WILLOW LAKES INTf PJ AL RE5IDENTIAL CITY Of DflrTON �s,,excr to u�rioM r a I I i I 3�3 t a 1 I XL Y �1 Amu ♦ VICINITY MAP N.T.S. /� • / _ YILLJIYIIifYONW KIpJYM�.�Y441� � ��.Y.i.T / R rrr�•a•.Mw r •9. -1 r � 4..IYW•I rl. Y Y.1 YY_R. Y �� rr/Yi.VwR. _►R .•hY Y.YY•4 R.RrNI ..r•yr Yr.... N fi old .i.J.•. JJ f"11R I M' Irif�ta • •...�'f��y�/r'�M��.'tr1'/���T,'r�r�.yw�� • •••• • • / •Y� ORSY�TiiT.Y \Y �. �r Slwtl/lYl f • ���777 �1 WILLOW LAKES f. "f� f rnfvwrfra. 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