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HomeMy WebLinkAbout08-03-1999 u 1 August 3,1999 Agenda Packet r. r f i 1. J I 1 c, i 1 I AGENDA Ap * CITY OF DENTON CITY COUNCIL 010111 4. August 3,1999 / After determining that a quorum is present and convening in an open meeting, the City Council will convene in a closed meeting of the City of Denton City Council on Tuesday, August 3, 1959 at 5:15 p,m, in the Council Work Session Rocco: at City Hall, 215 E, McKinney, Menton, Texas to consider specific items when these items are listed below under the Closed Melling section of this agenda. When items for consideration are not listed under the Closed Mating section of the agenda, the City Council will not conduct a closed meeting at 3:15 p.m. and will convene at the time listed below for its regular or sp,.,cial called meeting. Council reserves the right to adjoum ~ into a closed meeting on any item on its open meeting agenda consistent with Chapter 551 of %a Local Government Code as set forth below. 1. Closed Mating A. Consultation with Attorney- Under TEX. GOVT. CODE See. 551.071. ANY FINAL ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE T,%KEN IN AN OPEN MEETING THAT IS HELD IN COMPLIANCE WITH TEX. GOV'T. CODE CH. 151. THE C1Tti COUNCIL RESERVES THE RIGHT TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AUTHORIZED BY TEX. GOVT. CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANY ITEM ON 1T3 OPEN MEETING AGENDA OR TO RECONVENE IN A CONTINUATION OF THE CLOSED MEETING ON THE CLOSED MEETING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN MEETINGS ACT, INCLUDING, WITHOUT LIMITATION SECTIONS 5S1.071•SSI.08S OF THE OPEN MEETINGS ACT. Regular Meeting of the City of Denton City Council on Tuesday, August 3, 1999 at 6:00 p.m. In the Council Chambers at City flail, 215 E. McKinney Street, Denton, Texas at which the following items will be considered; t. Pledge of Allegiance A. U.S. Flag B. Texas Flag "Honor the Texas Flag - I picdgt allegiance to tha, Texas, one and Indivisible." 2. Consider approval of the minutes of April 6, April 9, April I% April 20, April 21 and April 27, 1999. PRESENTATIONS 3. Texas Lone Star Chapter of the Solid Waste Association of North America 1999 Road-11, r 0 Awards 4, August Yard of the Month Awards i r F I City of Denton City Council Agenda August 3, 1999 Page 2 CITIZF,N REPORTS 5. Receive a citizen report from Nell Yeldell regarding tax and deeds. CONSENT AGENDA Each of these items Is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda suthorites the City manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background Information %nd has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Consent Agenda (Agenda Items 6.15). This listing Is provided on the Comant 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 Ito rs 6.15 below will be approved with one motion. if items are pulled for separate discussion, they will be considered as the first items under "Items for Individual Consideration 6. Consider adoption of an ordinance authorizing the execution of Change Order One td the contract for the purchase of tubular steel transmission line structures between the City of Denton and Thomas & Betts Corporation; providing for an increase in the scope of work and an Increase in the payment amount; and providing an effective date, (Bid 02346 - Tubular steel transmission line structures (poles) - Thomas & Betts Corporation $420,000 plus Change Order 1 -$39,992) 7. Consider adoption of an ordinance accepting competitive bids and awarding a public works contract for the construction of water distribution lines; providing for the expenditure of funds therefor; and providing an effective date, (Bid 42385 - Bridges/Carpenicr Waterlines - Jagoe Public Company • $131,965) 8. Consider adoption of an ordinance authorzing the City Manager to execute a p ofessional services agreement with Armstrong-Berger, Inc. to provide professional services for the design and construction documents of the Downtown Improvements Project and related services as set forth in the contract; priv;ding for the expenditure of funds therefor; and providing an effective date. (Professional Services Agreement 2398 - Armstrong and Berger, Inc, - $72,825) 9. Consider adoption of an ordinance approving the expenditure of funds for the purchase of software, hardware and installation service for internet access available from only one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids; and providing an effective data (P. 0, 096572 Ameritech Library Service - 544,269) r 10, Consider adoption of an ordinance awarding a contract for the purchase of materials, supplies or services necessary for the installation of a Planning and Development Department Project Maintenance Software as awarded by the State of Texas General Services Commission Quatitied Information Services Vendor (QISV) catalogue; providing for the expenditure of funds therefor; and providing an effective dale. (P. 0. #9658310 H.T.E,, Inc, - $319,815) i C City of Denton City Council Agenda August 3, 1999 Page 3 It. Consider adoption of an ordinance accepting competitive bids and awarding an annual contract for the purchase of multi-purpose white (copy) paper; providing for the expenditure of funds theteror; and providing .n effective date, (Bid 42376 - White Multi•Purpose Paper Annua] Contract - Zerox Corp.) 11. Consider adoption of an ordinance superceding and repealing Ordinance No. 98.190 to increase the size of Liberty Christian School's ul ool zone; designating and establishing school safety speed zones; reducing the maxim-ito prima facie speed limit for said school safely apeed zones to speeds found to be roasoneLle and safe by the Engineering and Traffic Department investigations for the designated flours; providing for school bus loading zones at certain schools; providing a pc alt) of a fine not to exceed two hundred dollars ($200.00); providing a severability cliusz; providing for publication; and declaring an effective date, 13. Consider adoption of an ordinance of the City of Drnlon, Texas prohibiting parking on the west side of Fulton Street from Linden Street to C'rtscent Street on school days from 8:00 a.m. until 00 p.m.; providing two hour restrictcd parking from 8:00 a.m, until 4:00 p.m, on the east side of Fulton Street from Linden Stecet to Crekent Street with a twenty- five root no parking tone on each side of the 2 hour restricted parking spaces; providing a ten foot no parking area on both sides of tht ddvewgy which Is on the cast side of Fulton Street, providing a savings clause; providing a severability clause; providing a penalty not to exceed two hundred dollars; and declaring an effective date. 14. Consider approval of a resolution authorizing the submission of an application to the Wrh Central Texas Council of (Governments and other appropriate agencies relating to the nomination of Denton's Historic Union Pacific Freight Depot for funding under the Transportation Equity Act for 21"Century through the Statewide Enhancement Progriun; and providing for an effective date. 15, Consider adoption of an ordinance authorizing the City Manager to enter into a professional services agreement for planning services to assist the City with the rewrite of the Development Code with Fregonese, Calthorpe & Associates; authorizing the expenditure of funds therefor; and providing at effective date (Professional Services Agreement 1404 - Fregonese Calthorpe R Associates - $50,440 for Phase 1) PUBLIC HEARINGS I6. Hold a public hearing and consider rearing 0.320 acres from a Multi-Family dwelling - (MF-1) zoning district to General Retail (OR) zoning district. The 0.320-acre property, commonly known as 2126 Louise Street, is legally described as the western 90 feet of Lot 10-11, block 9 of the Owslcy Park Addition and is located on the northeast comer of r Bonnie Brac and Louise Street. The proposal is for a retail/grocery/deli type business. The Planning and Zoning Commission recommends approval (5.2) with conditions. (7.- 99-031, 2526 Louise Street) i i ' II , f City of Denton City Council Agenda August 3, 1999 Page 4 17. Hold a public hearing and consider adopting separate ordinances to annex and zone a 65.174 acre tract located south of Nowlin Road on the cast side of FM 2181 (Teasley Lane) generally opposite Hickory Creek Road, presently in the City of Denton's ETJ. (A- 83, Top of the Hill Sutdivision) A. Consider adopting an ordinance, on second reading, to annex a 65.174 acre tract located south of Nowlin Road on the east side of FM 2181 (Teasley Lane) generally opposite Hickory Creek Road, in the 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 dale. (A-83, Top of the Hill Subdivision) B. Hold a public hearing and consider rezoning 63.174 acres from a temporary Agricultural (A) zoning district to a Planned Development (PD) zoning district. 7 he 65.174 acre property is located south of Nowlin Road on the east side of FM 2181 (Teasley Lane.) generally opposite Hickory Creek Road. The proposal is for 40.37 acres of single-family residential at 4 units per acre and a minimum lot elze of 5,750 square feet, 20.23 acres of single-family residential with a minimum lot size of 10,000 square feet and 0.084 acres Commercial (C) for a future telecommunications tower. The Planning and Zoning Commission recommends approval (7.0) with conditions. (Z-99-025, Top of the Hill Subdivision) 18, Hold a public hearing regarding the proposed voluntary annexation of a 37.11-acre tract located on the east side of Teasley lane approximately 700 feet south of Hickory Creek Road in the city of Denton's extraterritorial jurisdiction. (A-88-Teasley Lane near Hickory Creek) 19. Hold a public hearing regarding the proposed voluntary annexation of a 34.40 acre tract located on the north side of Ryan Road and cast of Forest Ridge Drive in the City of Ucnton's Extraterritorial Jurisdiction (ETJ). (A-90, Shadow Brook Place) 20. Hold a public hearing regarding the proposed voluntary annexation of 46.21 acres located at the southeast comer of Nowlin Road and Robinson Road in the extraterritorial jurisdiction of the City of Denton, Texas. The zoning at the time of annexation will be Agricultural (A). (A-91, Kirby Tract) 21. Bold a public hearing and consider approval of a Detailed Plan for Planned Development 129 (PD-129) totaling 15,147 acrtis. The property is legally descriued as being 15.147 acres in the B.B.B. and C. R. K. Company Survey (Abstract 186) in the Citv of Denton, Denton County, Texas. It is located west of Stuart Road, north of Wolllra- Drive, south of Aspen, and east of Lido Way. The proposal Is for twenty-nine (29) single-family detached lots and forty-one (41) duplex lots (totaling 82 units). The Planning and Zoning t Commission recommends approval (4.3). (299.034, Olympia Creek Court) 22. Continue a public hearing and consider adopting separate crdinances to annex and zone a 75.71 acre tract located on the south sid3 of McKinney Street and directly opposite of Trinity Road, presently in the City of Denton's ETI, (A-84, Trinity Meadows) I 1 t; 1 City of Denton City Council Agenda August 3, 1999 Page 5 A. Consider adopting an ordinance on second reading to involuntarily annex the subject 75,71-acre tract; to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective data This Is the second reading of the ordinance. The Planning and Zoning Commission recommends approval 7.0. 4. Hold a public hearing and consider adopting an ordinance to :one the subject 75.71-acre tract to an Agricukural (A) zoning district. The Planning and Zoning Commission recommends approval 7.0. 23. Continue a pub?ic hearing and consider adopting separate ordinances to annex and zore an 83.75 acre tract located on the northwest corner of Loop 288 and Stuart Road intersection, presently in the City of Denton's ETI. (A-85, Mesquite Meadows) A. Consider adopting an ordinance on second reading to involuntarily annex the subject 53.75-acre tract; to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. The Planning and Zoning Commission recommends approval 6.1. B. Hold a public hearing and consider adopting an ordinance to zone the e. ,.Kt 83.75-acre tract to an Agricultural (A) zoning district. The Pinning ,Ad Zoning Commission recommends approt al 6-1, 24. Continue a public hearing and consider adopting separate ordinances to annex and zone a 19,802 acre tract located on the south side of Edwards Road, approximately 2,000 feet west of Swisher Road, presently in the City of Denton's ET]. (A-86, Lubbers Addition) A. Consider adopting an ordinance on econd reading to Itvoluntarily annex the subject 19,802-acre tract; to approve a service plan for !h: annexed property, to provide a severability clause and to provide for an effcctive data The Planning and Zoning Commission recommends approval 4-3. g, Hold a public hearing and consider ado,ming an ordinance to zone the subject 19.802-acre tract to an Agricultural (A) zoning district. The Planning and Zoning Commission recommends upproval 4.3. 25. Hold a public hearing and consider adopting separate ordinances to anno,c a 794 acre tract and zone a 2,725 acre tract located generally between 1.35W and Florence road and between Crawford road and Livcly Road. (A-87 and Z-99.044 Robson Ranch) A. Consider adopting an ordinance on second reading to voluntarily annex the 1 Ai subject 794-acre tract; to approve a service plan foe the annexed property, to > ! r-~ provide a severability clause and to provide for an effective date. This Is the second reading of the ordinance. the Planning and Zoning Commission recommends approval. r c. City of Denton City Council Agenda August 3, 1999 a Page 6 B. Hold a public hearing and consider adopting an ordinance to zone the subject 2,725-acre tract to a Planned Development (PD) zoning district. The requested rezoning is for a planned resort re,: ement community with residential, neighborhood services; outdoor recreation, and community service uses. The Planning and Zoning Commission recomm...ds approval. IITENIS FOR INDIVIDUAL CONSIDER TA ION 26. Consider adoption of an ordinance tuncndment correcting the conditions established by Ordinance 99.140, which established a conditioned Multi-Family I (MF-l(c)) zoning district classification and use designation for 18.003 acres; 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. The subject property Is legally described as Lot 1, Block I of the Jefferson Commons Addition and is located on the south aide of Colorado Boulevard, approximately five hundrrd and fifty (550) feel west of Southcm Hills Boulevard, and on the north side of 11.35 East, immediately east of Pace's Crossing Apartments complex. (Z-99.009) 27. Consider approval of a resolution authorizing the Mayor to sign 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, 18. Consider adoption of an ordinance appru~;ng a real estate contract between the City of Denton and Etta Jean Hensley, relating to the purchase of 0.430 acres of land for the expansion of U.S. Highway 77 (Parcel 330); authorizing the expenditure of funds therefor; and providing an effective date. 29. Consider adoption of an ordinance amending Section 2.62 of Chapter 2 of the Code of Ordinances of the City of Denton to provide conflict of interest provisions for board and commission members consistent with the conflict of interest provision recently passed by the voters in the City Charter election; amending Section 2.84 of Chapter 2 of the Code of Ordinances of the city of Denton to provide for the nomination and appointment of members to the Public Utilities Board and Parks and Recreation Board consistent with the amendments to the City Charter approved by the voters at the May I, 1999 City Charter election; providing for ratification of prior action; providing a savings clause; providing a sevcrability clause; and providing an effective data 30. Consider approval of a resolution of the city Council of the City of Denton, Texm expressing its support for the National Low-Sulfur Gasoline and Tier 2 Emissions Standards proposed by the Environmental Protection Agency; and providing an effective date. ' a 31, Consider nominations/appointments to the City's Boards and Commissions. 32. Miscellaneous Matters from the City Manager, U , City of Denton City Council Agenda August 3, 1999 tt Page 7 33. New Buslnes9 This item provides a section for Council Members to suggest items for fhture agendas. 34. Possible continuation of Closed Meeting under Sections 551.071.551.085 of the Texan Open Meetings Act. 35. OMcial Action on C;--.ed Meeting under Sections 551.071.55LOo5 of the Texas Open Meetings Act. CERTIFICATE 1 certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of_,..I M at ,o'clock QLrn'XP.m.). CITY SECRETARY NOTE:THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICAN. WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE iNTERPi LrERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS TN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 349-8309 OR USE TELECOMMt INICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800. RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE, 11Y~ ~ I ~ i r r f~ CITY OF DEMON CITY COUNCIL MINUTES ~OMM' to April 6, 1999 OIM~r After determining that a quorum was present and com mIng in an open meeting, the City Council convened In a Special Called meeting on Tuesday, April 6, 1999 at 11,00 a.m. in the Council Chambers at City Hall, PRESENT: Mayor Miller; Mayor Pto Tent Beasley; Council Members, Cochran, Durrance and Young. ABSENT: Council Members Burroughs and Kristoferson 1. The Council considered adoption of at, ordutance authorizing the issuance, sale and delivery of City of Denton Gene Al Obligation Refunding Bonds, Series 1999, levying the tar to pay same, and approving and authorizing instruments and procedures relating thereto; and providing an effective date. Diana Ortiz, Director of Fiscal Operat,nns, stated that the Council would be considering the results of the refunding issue. David Mcdanich, Fist Southwest Corporation, stated that the bonds were sold to Chase Securities and tho' the City would save $455,149 after all costs. The City's ratinb, would remain the same and this would be a continuation of the previous sale, The following ordinance was considered, NO. 99-101 AN ORDINANCE AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF CITY OF DENTON GENERAL OBLIGATION REFUNDING BONDS, SERIES 19990 LEVYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. Beasley motioned, Durance seconded to adopt the ordinance, On roll vote, Beasley "eye", Cochran "aye", Durance "aye", Young "aye", and Mayor Miller "aye". Motion carried u,i4nimously. With no further business, the meeting was adjourned at 1 i:10 a.m. Aftcr determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, April 6, 1999 at 5:15 p.m. In the Council Work Session Room at City Hall. PRESENT, Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, ' A Durance, Kristoferson and Young. r ABSENT, None 1, The Council considered the following in Closed Meeting: i (t City of Denton ( ity Council Minutes April 6,1999 Page 2 A. Consultation with Attorney - Under TEX, GOV'T. CODE Sec, 551.071. Considered an ordinance authorizing the Mayor to execute on behalf of the City a consent otdee in settlement of litigation styled United States of America V. Alabama Eie(t,le Cooperative, er al., Cause No. 98.2414-67V, pending in the United States District Court of the District of Kansas, and further authorizing the expenditure of $1,934 in compromise and settlement of the claims asserted therein, and declaring an effective date. B. Consultation with Attorney - Under TEX. GOV'T. CODE Sec, 551.071, Discussed and consulted with the City's attorney, Including outside legal counsel, litigation styled City of Denton v. Denton County Fresh Water Supply Dtstrlcf No. JA and Denton Cot n Fresh Water Supply District No. S, Cause No, 99.401$8- 362, filed In the 362District Court of Denton County, Texas, Including strategy and possible settlement negotiations, C. Consultation with Attorney - Under TEX, GOVT. CODE Sec, 551.071 Considered possible settlement and mediation authority in litigation styled Cassle j Dean Johnson, Adminisfrairtr of the Estate of Aaron McCoy v. City of Denton, Cause No. PR-94.458.01 and Caddie Dean Johnson v City of Denton, Cause No. 94 459-01, pending In the Probate Court of Denton County, Texas. D. Conference with Employees - Under TEX. GOV'T. CODE See. 551.075, The Council received Information from employees during a staff conference or briefing, but did not deliberate during the conference. the Council convened into a Regular Meeting on Tuesday, April 6, 1999 at 6:00 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Krisloferson and Young. ABSENT: None 1. Pledge of Allegiance ti The Council and member of the sudicnce recited the Pledge of Allegiance to the U.S, and Texas flags. 2. Yard of the Month Awards Mayor Miller presented the following Yard of the Month awards: Linda and Gary Matheson Roy & Margie Appleton Stacey & Mike Weldon Janice Downs t Long John Silver - business t, City of Denton City Council Minutes April 6, 1999 Page 3 t PROCLAMATIONS/p ES .NTATION$ 3. Presentation of Proclamations Mayor Miller presented proclamations for the following: A. Fal Housing Month B. National Community Development Week C. Great American Clean•Up 4. Presentation of Awards Mayor Miller received awards on behalf of the City of Denton for the following: A, National League of Cities Diversity Award B. Great American Main Street Award -Terry Colley CITIZEN PPORrS 5. The Council received a citizen report from Jim Osborne regarding municipal services at the Denton Municipal Airport, Mr. Osborne was not present at the meeting. 6. The Council received a citizen report from Bill Morrow regarding Hangcorp (Temlison Avionics) Sir. Morrow made his statements during Item #31, 7. The Council received a citizen report from M. Hedayati representing the Baha's's regarding r equality of women. Dr. Hcdayati stated that John Leonard would be making the presentation for her, Mr. Leonard presented a formal statement for women's equality to the Council. They urged the Council to rase the awareness of citizens to the full equality of the sexes. They felt that both women and men needed to promote this statement. CONSENT AGENDA Durrance motioned, Beasley seconded to approve the Consent Agenda and the accompanying ordinances. On roll vote, Beasley "aye", Bcrrougtii "aye", Cochran "aye", Durrance "aye". Kristofcrson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. t rJr~ 8. Tex refund to bo Roy Kindrick and Dr, John H, Reed. 9, N0.99.103 AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER 111 TO THE CONTRACT FOR CONSTRUCTION OF THE KERLEY STREET WATERLINE 1 ' i f i I I I I City of Denton City Council Minutes April 6, 1999 Page 4. BETWEEN THE CITY OF DENTON AND BOWLES CONSTRUCTION COMPANY, INC,; PROVIDING FOR A DECREASE IN THE SCOPE OF WORK AND A DECREASE IN THE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE DATE. (BID 02233 - KERLEY STREET WATERLINE AWARDED TO BOWLES CONSTRUCTION COMPANY, INC, IN THE AMOUNT OF $826,041,00 LESS CHANGE ORDER 01 IN THE AMOUNT OF $54,241.23.) 10. NO. P9.104 AN ORDINANCE ACCEPTING COMPETITIVE SEALED PROPOSALS ANJ AWARDING A CONTRACT FOR OUTDOOR EMERGENCY WARNING SIRENS AND CONTROLLER SYSTEM; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE, (RFSP 2338 - OUTDOOR EMERGENCY WARNING SIRENS AND CONTROLLER SYSTEM AWARDED TC GIFFORD ELECTRIC, INC. - S 180,041,2 5.) 11. NO. 99-105 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR SCANNING, INDEXING AND CD-ROM PRODUCTION 4 SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DA TP, (DID 02343 - SCANNING, INDEXING AND l CD-ROM PRODUCTION SERVICES AWARDED TO ILM CORPORATION- APPROXIAMTELY 542,397.00) 11 NO. 99-106 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR T14E PAYMENTS BY THE CITY OF DENTON FOR ELECTRICAL ENERGY TRANSMISSION FEES TO THOSE LISTED CITIES AND UTILITIES PROVIDING ENERGY TRANSMISSION SERVICES TO THE CLIY OF DENTON; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDERS 94092 TO CITY PUBLIC SERVICES OF SAN ANTONIO, 94094 TO CENTRAL. POWER & LIGHT CO., 94096 TO TEXAS UTILITIES, TRANSMISSION DIVISION, AND 93595 TO HOUSTON LIGHTING & POWER IN THE TOTAL AMOUNT OF $1,268,822,25.) 13. NO. 99-107 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF REFUSE TRUCKS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (BID 02321 - REFUSE TRUCKS AWARDED AS LISTED-5434,178.97.) 14. NO. 99- 108 r AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF A HARDWARE AND SOFTWARE UPGRADE FOR Y2K ` COMPLIANCE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE I i t . I City of Denton City Council Minutes April 6, 1999 Page S WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (PURCHASE ORDER 92698 - PROCESS ANALYSTS, INC,, CIRRUS SOFTWARE AGREEMENT, IN THE AMOUNT OF $46,300.00.) 15. NO. 99-109 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR SERVICES PERFORMED BY BLIND OR SEVERELY DISABLED PERSONS IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (FILE 2353 PURCHASE ORDER 93588, TEXAS INDUSTRIES FOR THE BLIND AND HANDICAPPED - PHYSICALLY CHALLENGED SERVICES, INC. FOR PARKS, MEDIANS, RIGHT-OF-WAYS AND BUILDING GROUNDS MAINTENANCE, 528,690.00.) 16. NO. 99-110 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR SERVICES PERFORMED BY BLIND OR SEVERELY DISABLED PERSONS IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. (FILE 2353 - PURCHASE ORDER 93590, TEXAS INDUSTRIES FOR THE BLIND AND HANDICAPPED - PHYSICALLY CHALLENGED SERVICES, INC. FOR PARKS LITTER CLEANING, $27,580.00.) 17. NO. 99-111 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR , SERVICES PERFORMED BY BLIND OR SEVERELY DISABLED PERSONS IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCFIASF,S FROM REQUIREMENTS OF COMPETITIVE BIDS; AND Ir PROVIDING A~4 EFFECTIVE DATE. (FILE 2353 - PURCHASE ORDER 93589, 1 TEXAS INDUSTRIES FOR THE BLIND AND HANDICAPPED - P1YSICALLY CHALLENGED SERVICES, INC. FOR PARKS RESTROOM CLEANING, S17,730.00.) 1P„ NO. 99-112 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE DENTON INDEPENDENT SCHOOL DISTRICT AND ALL ADDITIONAL DOCUMENTS AM) AGREEMENTS, A AS REQUIRED, TO OBTAIN FUNDING FOR THE 1999 SUMMER FOOD SERVICE PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS 'TO ADMINISTER THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE, 1 City of Denton City Council Minutes April 6, 1999 Page 6 19. NO. 99-113 AN ORDINANCE NAMING THE NEW PEDESTRIAN BRIDGE IN THE CIVIC CENTER PARK WITHIN THE CITY OF DENTON AS THE FESTIVAL BRIDGE; AND PROVIDING AN EFFECTIVE DATE. 20, NO. R99-014 A RESOLUTION ALLOWING LULAC TO BE THE SOLE PARTICIPANT ALLOWED TO SELL ALCOHOLIC BEVERAGES AT THE CINCO DE MAYO CELEBRATION ON MAY I, 1999, UPON THE CONDITIONS OF OBTAINTN BOOTH, OBTAINING LICENSE AND PERMIT, PROVIDING GENERAL~3 LIABILITY INSURANCE, AND AGREEING TO INDEMNIFY THE CITY FOR ANY LIABILITY; AUTHORIZING THE CITY MANAGER TO EXECUTE AGREEMENT FOR THE CONDITIONS; AND PROVIDING FOR AN EFFECTIVE DATE. 21, NO. 99-114 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT CATS BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH IMPOUNDMENT AND DISPOSITION OF DOGS FOR THE AND COLLECTION OF FEES PURSUANT TO THE PR OVISIONS OFD SAID AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. 22. NO.99.11 S AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE .4.N AGREEMENT { BETWI?EN THE CITY OF DENTON AND THE CITY OF AUBREY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. 23. N0.99.116 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AND AUTHORIZING ENTRY OF AN ADMINISTRATIVE CONSENT ORDER IN SETTLEMENT OF LITIGATION STYLED UNIrtD STATES OF Adl6RlC.4 V. ALABAAM E'LE'CTRIC COOP6RArINE, Eir&,, IN AN AMOUNT NOT EXCEEDING $1,934; AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN PAYING THE SETTLEMENT; AND DECLARING AN EFFECTIVE DATE, PUBLIC P1~u,~S 24. The Council held a public hearing and eonsleered reeoning a 5.0 acre site located on the f t \ nonh side of Mingo Road, cast of Loop 288 rrom Agricultural (A) zoning district to Light Industrial (LI) zoning district. The property was legally described as a portion of the 150-acre tract out of the I. Early Survey, Abstract 1279, in the City of Denton, Denton County, Texas, The purpose of the zoning change was to develop a site for the T.R.C,A. Corporation, The Planning and Zoning Commission recommended approval 6-0 with conditions. (2.99.002) r City of Denton City Council Minutes I April 6, 1999 Page 7 t Mark Donaldson, Assistant Director for Planning and Development, stated that the request was to rezone the property from agriculture to light industrial conditioned zoning. Three conditions plus an implied condition of only one specific use for telecommunication re-r nufacluring were placed on the zoning. The conditions by the Planning and Zoning Commir.,ion bring the tract i into conformity with Denton Development Plan for low intensity on the, tract. The Growth Management Strategy indicated this area to be multifamily. The Planning and Zoning Commission took into consideration the unique aspects of the property in that it was adjacent to the railro,id tracks and heavy commercial uses. In adition to a limited number of uses, the other conditions were the standard lighting condition, a requirement for landscape bulTeryards on the east, north and west and a limitation of the floor area ratio of.36 to 1. Mayor Pro Tern Beasley asked if there was a aced to -trike a batch plant from the allowed uses as indicated in the Planning and Zoning Commission minutes. Donaldson replied correct that a motion should be to accept the amended Exhibit B. The Mayor opened the public hearing. i Greg Edwarls stated that TRCA Corporation was already located in Denton and was looking to relocate to a larger facility. Many current employees were from Denton and approving the zoning would facilitate their slaying in Denton. The Mayor closed the public hearrtg. The following ordinance was considered; NO. 99-117 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURE (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO LIGHT INDUSTRIAL CONDITIONED (LI(Q) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 5.0 ACRES OF LAND LOCATED ON THE NORTH SIDE OF MINGO ROAD, EAST OF LOOP 288; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99- 002) Young motioned, Beasley seconded to adopt the ordinance with the amended Exhibit B. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye', Durrance "aye", Ktistoferson "aye', Young "aye", and Mayor Miller "aye". Motion carried unanimously. i 25. The Council hold a public hearing and considered rezoning a 0.22 acre site, located on the southeast corner of Chambers Street and Clifton Street with frontage on Dallas f~! Drive, from Single Family (SF-7) zoning district to Neighborhood Services (NS) zoning district. The properly was legally described as Lot I, Block 3 of the Simmons Addition in the city of Denton, Denton County, Texas. The purpose of the zoning change was to expand the existing office and retail space. The Planning and Zoning Commission recommended approval 6-0 with conditions. (Z-99-006) t ' t City of Denton City Council Minutes April 6, 1999 Page 8 Mark Donaldson, Assistant Director for Planning and Development, stated that the purpose of the zoning change was to expand the existing office and retail space of Goelke Pool Supply, Tina current use was in place before the first zoning ordinance was approved. The site plan limited the development area to approximately 32-3300 square feet. Currently the site contained ac existing office and retail space. A home on the location would be razed for the new building. If approved the revised site plan should be included rather than the one in the agenda materials. The 20% rule was not in effect. Conditions for the zoning inctud d the stardard lighting conditions, a bufferyard with a specified number of trees and a 10 foot bufferyard along the northern portion of the property. A neighborhood meeting had been held and the property owner had worked extensively to contact neighbors. The Mayor opened the public hearing. i Chip Sargent, representing the petitioner, stated that this was only one platted lot and on that lot was an office/retail building and a single family structure. The property was in a mix of residential and commercial uses prior to the 1969 zoning ordinance. There were two major reasons for the change in zoning, One was that as the property was a legal non-conforming use, the owner would not be able to rebuild if there were an accident on the site. The second was a desire to expand the current business. The proposed site plan would move the curb cut away from the corner of Dallas Drive. The lot was not situated squarely with the streets and the existing curb cut at Chambers would be removed. The proposal was consistent with the Denton Development Plan. Matt Goelke stated that he had a real concern regarding the neighborhood. Ile looked at other properties along Dallas Drive and felt that what he was going to do would be better than what others had done. He had met with the neighbors who were initially in opposition to his proposal + from the Planning and Zoning Commission meeting. He felt that the property owners' questions had been answered and wanted the neighbors to be happy with this proposal. The Mayor closed the public heaing. The following ordinance was considered: NO. 99-118 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM SINGLE FAMILY (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO NEIGHBORHOOD SERVICES (NS) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 12 ACRE TRACT OF LAND LOCATED AT 615 DALLAS DRIVE, LOCATED ON THE SOUTHEAST CORNER OF CHAMBERS AND CLIFTON WITH FRONTAGE ON DALLAS r DRIVE; PROVIDING FOR A PENALTY IN THE NtkXIMLtM AMOUNT OF / t $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE f t' DATE, Kristoferson motioned, Ni:lmughs seconded to adopt the ordinance %10 the conditions as stated plus the revised site plan. r City of Denton City Council Minutes April 6, 1999 Page 9 a Council Member Young stated that the people in the area did not want single family zoning changed to commercial. He felt that this would not be done anywhere else in Denton. He wanted the action delayed to go back to the neighbors. Council Member Cochran, stated that this property had been commercial property since the beginning of Cie city. There had never been a single-family residence at that location. The property had been zoacd single-family at an accident as it was not single-family when the property was ^emed. Rc felt it would be good for the neighborhood. Council Member Burroughs felt that this was the best use for this location on Dallas Drive. This J was a maor access to the downtown and would probably never develop as a single-family dwelling. The applicant had tried to communicate with all of the neighbors in the area and that was appreciated. Council Member Durrance felt that the additional land!waping and change in curb cuts would be very lkneficial to the proposal and would provide a much safer egress and ingress. The proposed masonry exterior would blend in the neighborhood. On roll vote, Beasley "aye", Burroughs "eye", Cochran "aye", Durrance "aye', Kristoferson "aye', Young "nay", and Mayor Miller "aye". Motion carded with a 6-1 vote. { ITEMS FOR INDIVIDUAL. CONSIDERATION 26. The Council considered approval of a resolution of the City of Denton relinquishing appivximatcly 180 acres of land within its extraterritorial jurisdiction (ETJ) to the City of Argyle raid Cie Town of Bartonville so that Argyle and Bartonville may institute annexation proceedings wi+h respect to such area; and providing an effective date. Mark Donaldson, Assistant Director of Planning and Devlcopment, state that this was a request from the Mayor of Argyle based on an agreement between Bartonville and Argyle. The city had recently released three small parcels In the extraterritorial jurisdiction associated with an annexation into Town of Bartonville. The following resolution was considered: NO. R99-01 S A RESOLUTION OF THE C11Y OF DENTON RELINQUISHING APPROXIMATELY 180 ACRES OF LAND WITHIN ITS EXTRATERRITORIAL JURISDICTION (ETJ) TO THE CITY OF ARGYLE AND THE TOWN OF BARTONViLLE SO THAT ARGYLE AND BARTONVILLE MAY INSTITUTE i s ANNEXATION PROCEEDINGS WITH RESPECT TO SUCH AREA; AND PROVIDING AN EFFECTIVE DATE. I , Beasley motioned, Cochran seconded to approve the resolution. On roll vote, Beasley "aye' Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. t I i i i City of Denton City Council Minutes kpri16,1999 1'age 10 l 27. The Coaneil considered adoption of an ordinance amending Article IV of Chapter 28 of the Code of Ordinances of the City of Denton, Texas, ("Plumbing Cod: ) by repealing the 1985 Uniform Plumbing Code with certain amendments and providing for the adoption of the 3991 Uniform Plumbing Code with certain deletions and amendments, providing for a severability clause; providing a savings clause; providing for a penalty in the amount of S2,000.00 for violations thereof; and providing for an effective date. Greg Mitchell, Building Official, stated that the City currently used the 1985 Uniform Code. This ordinance would adopt th31997 code standards. There were very few changes between the two versions a;'the code. The 1997 version recognized come piroviously unrecognized building materials. Oca major change was that the standard for a grease interceptor, a device that prohibited gre t.;e from entering the septic system, would be changed. The new standard would require a new restaurant to have a 1000 gallon grease inceptor, The impart would not be major as all recent restaurants had included it 1000 gallon or larger inceptor during co tstruction. The requirement was a regional standard that most cities in thA metroplex used. Council Member Cochran asked about a distinction between kinds of restaurants and size of inceptors required. i Mitchell stated that the Uniform Plumbing Code alto,°ed for alternate design methods. Smaller restaurants could demonstrate a need and be allowed to use an altemate design standard. Wording could be added to the ordinance such as "alternate design methods may be approved by the Building Official", A restaurant could also appeal any portion of the code to the new Construction and Appeals Advisory Board. Mayor Pro Tern Beasley expressed a concern about imposing stricter regulations than the EPA, Mitchell stated that the problem was that the grease could reach the lreatrnent facility and also blocks pipes. Council Member Durrance stated that he would prefer an appeal process to the Construction Board. This would be consistent with other bulding situations. The following ordinance was considered: NO. 99-119 AN ORDINANCE AMENDING ARTICLE 1V OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, ("PLUMBING CODE") BY REPEALING THE 1985 UNIFORM PLUMBING CODE WITH CERTAIN AMENDMENTS AND PROVIDING FOR THE ADOPTION OF THE 1997 UNIFORM PLUMBING CODE WITH CERTAIN DELETIONS AND AMENDMENTS; r PROVIDING FOR A SEVERABILiTY CLAUSE; PROVIDING A SAVINGS l A!- CLAUSE; PROVIDINO FOR A PENALTY IN THE AMOUNT OF $2,000,00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Durrance motioned, Cochran seconded to adopt the ordinance with the exception that an administrative dcnislon be determined in policy for consideration of a lesser requirement of a 1000 gallon inceptor for a heavy food preparation establishments. C^ . Ci City of Denton City Council Minutes April 6, 19'19 Page l l Steve Knight stated that an inceptor was only good as its maintenance and the tank needed to be cleaned regularly. On ro'l vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye', Krisloferson "aye', Young "aye', and Maya Miller "aye", Motion carried unanimously. 28. The Council considered adoption of an ordinance amending Article V of Chapter 28 of the Code of Ordinances of the City of Denton, Texas by repealing the 1994 edition of the Uniform Mechanical Code to provide for the adoption of the 1997 Uniform Mechanical Code with cartain amendments; providing for a severability clause; providing a savings clause; providing for a penalty in the amount of $2,000.00 for violations thereof; and providing for an effective dale. Greg Mitchell, Building Official, stated that this ordinance would approve the 199) code. It was his goal to continuously keep up with the latest codes. Thcre were few changes fn this new code from the old code. The following ordinance was considered; NO. 99-120 AN ORDINANCE AMENDING ARTi^LE V OF CHAPTER 28 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY REPEALING THE 1994 EDITION OF THE UNIFORM MECHANICAL CODE TO PROVIDE FOR THE ADOPTION OF THE 1997 UNIFORM MECHANICAL CODE WITH CERTAIN AMCyDMENTS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A I SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE AMOUNT OF , $2,000.00 FOR VIOLATIONS THEREOF; AND PROVi DING FOR AN EFFECTIVE DATE. Burroughs motioned, Cochran seconded to adopt the ordinance. Steve Knight stated that Texas required a mechanical license for all contractors. In the past, the code for Denton did not include provisions for slate Wcnsing. The current uniform code that Denton was going to adopt did not fully comp., w lih the state licensing department. The State allowed city to use the plumbing code for gas lines, etc. while the mechanical code and enforcement was at the discretion of the muncipality. A conso".idalion of boards needed to address licensing. Mitchel stated that in order to obtain a permit from Building Inspections, an Individual must comply with state standards. rr On roll role, Beasley "aye', Burroughs ,aye-, cochran eye, Durrance "aye", Kristoferson "aye", ~ Young "nay", and Mayor Miller "aye". Motion carved with a 6.1 vote, Item #31 was considered. 1 i City of Denton City Council Minutes April 6, 1999 Page 12 31. The Council considered adoption of an ardinance authorizing the City Manager to execute an airport lease agreement between the City of Denton and Hangcorp, Inc. to lease certain premises of the Municipal Airport for the purpose of constructing and maintaining office and hangar facilities and performing avionics repair and aircraft maintenance thereon; and providing an effective date. Mark Nelson, Airport Manager, stated that the proposal was for a lease at the Municipal Airport with Bill Morrow who was wanting to expand his avionics facility at the Airport. The terms of the lease would require Mr. Morrow to construct a structure of not less than 10,000 square feet on Tract A. In addition, the lease outlined minimum standards Mr. Morrow needed to maintain for the tight and privilege to conduct multiple commercial aeronautical operations. A discount of $0.10 per square root would be incorporated into the lease for the first five years. The discounted rate would be recouped in the latter part of the term through an increased lease rate in the last 17 years of the agreement. The lease also provided a right of first refusal on one additional lot, Tract B. Staff Am also recomm ending an option that approved the Icase with a 30 year building life with a 30 year lease. Two other options were to approve the lease without tho right of first refuse or approve with a building life of 40 years versus the 30 year life, Bill Morrow stated that he had started negotiations in August of last year, He would have to bring utilities to the property line that would cost in excess of $10,000. After several discussions with the Legal Department, he learned that the contract had been changed to not Include 40 year life of the building, His pint was that that agreement was not treating everyone equal. He knew of two other leases at the airport that had a 40 year life on buildings. Ile asked Council to accept Option 3 with a 40 year life on building. City Attorney Prouty stated that Mr. Morrow was requesting a 40 year depreciated term so that at the end of 30 years, there still would be 25% of the value the City would have to pay. With the other two leases Mr, Morrow mentioned, there was not as much a discount In the lease amount. The City's fees could not be discriminatory based on grant requirements. Mr. Morrow wanted a discounted rate plus a 40 year life on the building that had not been done with anyone else. Council could grant a 40-year life on the building if conditions such as a $300,000 payroll level or a certain numb;r of employees were included and if those conditions were not maintained, the lease would drop back to a 30 year lire. Council needed to either raise the fees comparable with others with a 40 year building lifi or have some other means to justify the 40 years. Durrance motioned, Beasley seconded to postpone consideration of the ordinance until staff and Mr. Morrow had an addition.il opportunity to resolve the differences in the agreement. On roll vole, Beasley "aye", Burroughs "aye", Cochra-m "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 29. The Council considered adoption of an ordinance amending Chapter 9 "Cable Television" of the Code of Ordinances of the City of Denton by providing that no multichannel video system may be constructed without first obtaining a franchise from the City of Denton and that multichannel video service cannot be provided without such a franchise; providing a fine not to exceed $500.00 for any violation; providing a savings clause; providing a severability clause; providing an Open Meetings clause; and provAing an effective date. Ric;mard Foster, Public Information Officer, stated that this ordinance was prompted by a recent application to the FCC by CoScrve to be an open system provider. That application had since lI i I i .I City of Denton City Council Minutes April 6, 1999 Page 13 a been removed. The consultant had supplied comments to the FCC to deny such an application. Carrollton had passed a similar ordinance that would tighten Denton's cable ordinance to require any mutichannel vldco system to obtain a franchise prior to building a system instead of prior to service. The following ordinance was considered: NO. 99-121 f AN ORDINANCE AMENDING CHAPTER 8 "CABLE TELEVISION" OF THE I CODE OF ORDINANCES OF THE CITY OF DENTON BY PROVIDING THAT NO MULTICHANNEL VIDEO SYSTEM MA; BE CONSTRUCTED WITHOUT FIRST OBTAINING A FRANCHISE FROM THE CITY OF DENTON AND THAT MULTICHANNEL VIDEO SERVICE CANNOT BE PROVIDED WITHOUT SUCH A FRANCHISE; PROVIDING A FINE NOT TO EXCEED $500.00 FOR ANY VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Dunwxe "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye", Motion carried unanimously. 30, The Council considered adoption of an ordinance of the City of Denton authorizing the City Manager to execute on be tali of the City of Denton an acceptance of an offer from the Texas Department of Transportation relating to a grant for Routine Airport Maintenance Program; and declaring an effective date, (TxDot Project No. RAMP9DNTON and TKDot CS) No. M9I8DNTON.) Mark Nelson, Airport Manager, slated on February 18, 1997 the City entered into an agreement with TxDot for routine airport maintenance program with the City to receive matching finds for maintenance of the Airport. Projects completed Included runway striping crack s'aling and overlay project. City must enter Into a new agreement rather than amend the current one with no additional funds. Denton would be allowed to up to S2o,000 If Available In future years. The following ordinance wm consliered: NO. 99-122 AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO EXECUTE ON BEHALF OF THE CITY OF LENTON AN ACCEPTANCE OF AN OFFER FROM THE TEXAS DEPARTMENT OF TRANSPORTATION RELATING TO A GRANT FOR ROUTINE AIRPORT e:~ fir` r MAINTENANCE PROGRAM; AND DECLARING AN EFFECTIVE DATE Cochran motioned, Young seconded to adopt the ordinance. On roll vole, Beasley "aye", ° Burroughs "aye", Cochran "aye', Durfance "aye", Kristoferson "aye", Young "aye", and Mayor Millcr "aye", Motion carried unanimously. 1 I ~I City of Denton City Council Minutes April 6,1999 Page 14 Kristorerson motioned, Burroughs seconded to adopt the ordinances for Items 032-35. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristofellon "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously, 32. NO. 99-123 AN ORDINANCE APPROVING A REAL ESTATE CONVEYANCE: BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS, RELATING TO 0.507 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 11); AUTHORIZING THE EXECUTION OF THE DEED; AND PROVIDING AN EFFECTIVE DATE. 33, NO. 99-124 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND CHARLES R. JACKSON, RELATING TO THE PURCHASE )F 0.156 ACRE OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 24); AUTHORIZINO THE EXPENDITURE O,? FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE, 34, NO. 99-125 AN ORDINANCE APPROVING A REAL ESTATE CONVEYANCE BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS, RELATING TO 0.093 ACRES OF LAND FOR THE EXPANSION OF U.S. HIGHWAY 77 (PARCEL 38); AUTHORIZING THE EXECUTION OF THE DEED; AND PROVIDING AN EFFECTIVE DATE. 35. NO. 99-126 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND JAMES FERGUSON OGILVY AND SUSAN P. Mi LVY, RELATING TO TI3E PURCHASE OE' 0,006 ACRES OF LAND FOR THE EXPANSION OF U,S. HIGHWAY 71 (PARCEL 53); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. 36, The Council considered adoption of an ordinance of the City of Damon, Texas amending Ordinance 99.034 prohibiting parking on school days from 7:30 a.m. to 3,30 p.m. on the north side orSun Vellcy Drive from the east curb of Stuart Road to the east curtr of Yellowstone P17ce; pruviding a savings clause; providing a severabilhy clause; providing A. penalty rot to exceed S200A0, and declaring an effective data Rick Svchla, Deputy City Manager, slated that this wu a correction of the current ordinance. l The change Has to allow the no parking only during school hours and not all hours. The followin,; ordinance was considered: r II City of Denton City Council Minutes ApM 6, 1999 Page 15 N0.99.127 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING ORDINANCE 99-034 PROHIBITING PARKING ON SCHOOL DAYS FROM 7:30 A.M. TO 3:30 RM. ON THE NORTH SIDE OF SUN VALLEY DRIVE FROM THE EAST CURB OF STUART ROAD TO THE EAST CURB OF YELLOWSTONE PLACE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED $200.00; AND DECLARING AN EFFECTIVE DATE. Kristoferson motioned, Burroughs seconded to adept the ordinance. On toll volt, Beasley "aye", Burroughs "eye', Cochran "aye", Durrance "aye", Kristoferson "aye', Young "aye", and Mayor Miller "aye". Motion carried unanimously. 37. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the Mayor to execute a fourth amendment to the existing agreement between the City of Denton and Texas Utilities Electric Company extending the term therefor for an additional six month period; finding and determining that the two meetings at which this ordinance is passed are open to the public as required by law; providing for an effective date; and providing for acceptance of the agreement by the Texas Utilities Electric Company and publication of notice of the passage of this ordinance. j Th: following ordinance was considered: 11 NO. 99-128 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO EXECUTE A FOURTH AMENDMENT TO THE EXISTING AGREEMENT BETWEEN THE CITY OF DENTON AND TEXAS UTILITIES ELECTRIC COMPANY EXTENDING THE TERM THEREFOR FOR AN ADDITIONAL SIX MONTH PERIOD; FINDING AND DETERMINING THAT THE TWO MEETINGS AT WHICH THIS ORDINANCE IS PASSED ARE OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR ACCEPTANCE OF THE AGREEMENT BY THE TEXAS UTILITIES ELECTRIC COMPANY AND PUBLICATION OF NOTICE OF THE PASSAGE OF THIS ORDINANCE. Durrance motioned, Young seconded to adopt the ordinance. On roll vole, Beasley "aye", Burroughs "eye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 38. The Council considered adoption of an ordinance of the City of Denton, Texas, authorizing the Mayor to execula an agreement with the University of North Texas wherein the r~ University of North Texas furnishes services and facilities in connection with the project generally known as "environmental condition on-line DFW Metroplex (ECOPLEX)"; approving the expenditure of funds thercfor.e; and providing for an effective date, Howard Martin, Assistant City Manager for Utilities, stated that the was an agreement to subcontract with UNT for an EPA grant to primarily collect and compile rent time data related to environmental monitodog. t City of Denton City Council Mim,tes Apri 16, 1999 Page 16 The following ordinance was considered: NO. 99-129 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE UNIVERSITY OF NORTH TEXAS WHEREIN THE UNIVERSITY OF NORTH TEXAS FURNISHES SERVICES AND FACILITIES IN CONNECTION WITH THE PROJECT GENERALLY KNOWN AS "ENVIRONMENTAL CONDITION ON-LINE DFW METROPLEX (ECOPLEX)"; APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Cochran motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye, Burroughs "aye', Cochran "aye", Durrance "aye", i~dsloferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 39. The Council considered adoption of an ordinance approving a professional services agreement for engineering design, easement survey and easement document preparation for Highway 77 existing utilities relocation for Interstate 35 to U,S. Highway 360 with ARS Engineering, Inc. for an amount not ro exceed $237,200.00. Howard Martin, Assistant City M,mager for Utilities, staled that this contract would provide the engineering design for water and wastewater facilities along Highway 377. The following ordinance was considered: NO. 99-130 AN ORDINANCE APPROVING A PROFESSIONAL SERVICES AGREEMENT FOR ENGINEERING DESIGN, EASEMENT SURREY AND EASEMENT DOCUMENT PREPARATION FOR HIGHWAY 77 EXISTING UTILITIES kELOCATION FOR INTERSTATE 33 TO U.S. HIGHWAY 360 WITH ARS ENGINEERING, INC. FOR AN AMOUNT NOT TO EXCEED $237,200.00 Durrane motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "aye". Motion carried with a 6.1 vote. 40. The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute an agreement for professional legal services with the r law firm of Dickstein, Shapiro, Morin & Oshinsky, L.L.P., Washington, D. C. pcriaining to the sale, assignment, or other divestiture of all or a portion of the electric utility assets of the city of Denton, Texas; authorizing the expenditure of funds therefor; and providing an effective data r f Sharon Mays, Director of Electire Utilities, stated that this was a massive project to have to complete. It covered experience In a broad area of expertise, thus requiring the services of an outside legal firm. ( i City of Denton City Council Minutes April 6, 1999 Page 17 Council discussed the pros and cons regarding the merits of the agreement. The following ordinance was considered: NO 99.131 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT FOR PROFESSIONAL !,'.GAL SERVICES WITH THE LAW FIRM OF DICKSTEIN, SHAPIRO, MORIN & OSHINSKY, L.L.P., WASHINGTON, D. C. PERTAINING TO THE SALE, ASSIGNMENT, OR OTHER DIVESTITURE OF ALL OR A PORTION OF THE ELECTRIC UTILITY ASSETS OF THE CITY OF DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE Beasley motioned, Cochran seconded to adopt the ordinance. After further discussion by Council, Council Member Cochran called the question. On roll vote, to adopt the ordinance, Beasley "aye, Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "aye". Motion carried with a 6-1 vote. 41. The Council considered nominations/appointments to City Boards and Commissions. No nominations/appointments were made at this meeting, 42. Miscellaneous matters from the City Manager. City Manager Jet did not have any items for Council. 43. New Business , There were no items of New Business suggested by Council Members for future agendas. 44. There was, no continuation of Closed Meeting under Sections 551.071-551.095 of the Texas Open Meetings Act. 45. Them was no official action on Closed Meeting items held under Section $31.071- 551.085 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 9,30 p.m, JACK MILLER, MAYOR r (Al CITY OF DENTON, TEXAS JENNIFER WALTERS Cl fY SECRETARY CITY OF nENTON, TEXAS I I o • A CITY OF DENTON CITY COUNCIL MINUTES APRIL 9,1999 After dctemtining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Friday, April 9 1999 at 12 noon in the Council Work Session Room in City Hail, PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Dun ante, Kristoferson and Young. ABSENT: None 1. The Council considered the following in Closed Meeting: A. Consultation with Attorney - Under TEX. GOVT. CODE Sec. $51.07E Discussed and consulted with the City's attorney, Including outside legal counsel, litigation styled City of Denton v. Denton County Fresh Water Supply District No. IA and Denton Coun Fresh Water Supply District No. S, Cause No. 99-40159- 362, filed In the 362!' District Court of Denton County, Texas, Including strategy and possible settlement negotiations. B. Conference with Employees - Under TEX. GOV'T. CODE Sec. 551.075. The Council received information from employees during a staff conference or briefing, but did n-it deliberate during the conference, 2. The Council did not take any official action on Closed Meeting Items held under Section 551.071-551.085 of the Texas Open Meetings Act. With no further business, the meeting was adjourned at 2:20 p.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS • 1{ S c: CITY 0" DENTON CITY COUNCIL MINUTES April 13, 1999 e After determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, April 13, 1999 at 5:15 p.m. in the Council Work Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson and Young. ABSENT: None f 1. The Council considered the following in Closed Meeting: A. Consultation with Attorney - Under TEX. GOV'T. CODE See, 551.071. Discussed and consulted with the City's attorney, including outside legal counsel, litigation styled City ojDenton v. Denton County Fresh Water Supply District No. 1A and Denton Count Fresh {Water Supply District No. S, Cause No. 99-40158- 362, fried in the 362" District Court of Denton County, Texas, including strategy and possible settlement negotiations. B. Conference with Empioyces - Under TEX. GOV'T. CODE Sea 551,075. The Council received Information from employees during a staff conference or briefing, but did not deliberate during the conference. The Council convened into a Work Session on Tuesday, April 13. 1999 at 6:00 p.m. in the Work Session Room at City ]tall, PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristofcrson and Young, ABSENT: None r The Council received a report, held a discussion and gave staff direction regarding an Impact '';c Feasibility Study. The study addresses Transportation Impact Fees, Drainage Impact Fees, and Impact Fee Policy options, and has been prepared by Duncan Associates of Austin, Texas. Jim Duncan stated that the scope of the study included the feasibility of implementing impact foes for roadway and drainage facilities. The report al;o identified various policy options for the design of "variable rate' fees, In the area of transportation fees, it was found that the needed facilities were ineligible for funding or would be funded by developers through the existing exaction process. A fee system would require nine service areas with wide fees and the fee s}'stem would require expensive modeling. Recommendations for a drainage Impact fee were to consider u fee in the hickory Creek watershed and consider a city-wide utility fee. Policy options included growth management policies that dealt with differential fees by service area and density-adjusted fees for watcdwastewaicr lines. Housing affordability, another policy option, r ' dealt with size of housing unit, si. a of residential lot, number of water fixtures, and number of / J`- garages. Regional competitiveness was a third policy option. A recommendation from the study indicated that the City needed to decide whcther it was more important to keep fees as low as possible or to recover growth-related costs in order to fund line extensions needed to preserve its scn'ice area, The agenda materials included a detailed analysis of the study's recommendations. t, I City of Denton City Council Minutes s April 13, 1999 I ' { Page 2 Council Member Cochran stated that he was opposed to a utility fee that required a monthly charge on existing customers as it was a regressive form of taxation. Council Member Burroughs asked if a drainage impact fee were implemented, would it have an effect on an exaction fee. Duncan replied yes as both could not be done if it were an off-site improvement. Mayor Miller felt there was no need to change policies at this point in time. Martin slated that there would be more data available after completion of the comprehensive plan. Council Member Kristoferson felt there would be a need to return to this issue at a later date. Council Member Durrance felt there was a need to proceed with transportation impact fees. lie was concerned about assumptions that were unsupported at this point in time. Those already here should not be taxed but rather it should be the responsibility of those newly affecting the systems. Consensus of Council was to revisit the issues at a later data 2. The Council received a report, held a discussion and gave slaff direction regarding the Parks, Recreation & Open Space; Urban Design, "The Street" and "The Edge' sections of the Draft Comprehensive Plan, Ed Rodney, Director of Parks and Recreation, slated that the basis for the recommendations and strategies were an analysis adopted local standards. Goals and strategies included distribution of parks with a goal to ensure the adequate and equitable distribution of parks, open space and recreation facilities. Other goals and objectives included park and open space acquisition, financial effeclivcness, and responsiveness. Details on these goals and objectives were included in the agenda materals. i ?.rry Clark, City Engineer, reviewed the "Street" section of the proposed comprehensive plan. Specific goals and objectives with recommendations were included in the agenda materials. Dave I lilt, Director of Planning and Development, reviewed the Urban design section as found in the back-up materials, lie also reviewed the "Edge' section of the plan that was detailed in the agenda materials, i 3. The Council received a report, held a discussion and gave elaff dircclion regarding the t~ annexation of 65,174 acres located on the south side of Nowlin Road on the eas side of FM 21 81 (Teasley Lane) generally opposite Hickory Creek Road in the extraterritorialjurisdiction of the City of Denton, Texas. The proposal is to develop the property for commercial (C) zoning I district, multi-family residential (MF•2) zoning district and single-family residential (SF-7) 1 zoning district. Ili is f City of Denton City Ccuncil Minutes April l3, 1999 v Page 3 Dave Hill, Director of Manning and Development, stated that this was a voluntary annexation, Staff was reae.sting Council direction on whether or not to proceed with this eiinexation process Co.ncil Member Kristorerson questioned whether to split the annexation with the zoning request. City Attorney Prouty slated that the annexation was split from the zoning during the first reading of the annexation ordinance. Final action of the zoning would have to take place following the second reading of the annexation. Consensus of the Council was to split the annexation from the zoning request. 4. The Council received a report, held a discussion and gave direction to staff with regard to the possible annexation of three tracts of land: A. Trinity Meadows - approximately 80.7 acres south of McKinney Street (FM 426) near its intersection with Trinity Road. A manufactured housing development was proposed, 13. Mesquite Meadows - approximately 1001 acres north of Loop 288, between Stuart and N. Locust Streets. Subdivision into two large lots was proposed. No specific development proposal had been stated. C. Lubbers Addition - approximately 19 acres south of Edwards Road between Mayhitl Road and Swisher Road. A manufactured housing development was proposed. Dave Hill, Director of Planning and Development, stated that Council had given permission to I begin the annexation of Trinity Meadows and Mesquite Meadows. He was confirming that Council wanted to keen on schedule with the Involuntary annexation. The developers were all expressing Interest In platting and staff was not certain that involuntary annexation would allow annexation in place prior to subdivisfon Improvements. Staff was recommending annexation at this point in time. Consensus of the Council was to proceed. 5. The Council received an update and gave staff direction concerning the establishment of regulations regarding the installation of surface irrigation systems and drinking water wells within the City of Denton. This item was not considered, ' f l c 6. The Council received a report, held a discussion and gave staff direction regarding the appointment of a special Citizen's Advisory Committee to study capital improvement needs and make a recommendation for projects to Include in a January 2000bond election. 3 s c City of Denton City Council Minutes April 13, 1999 Page 4 Rick Svehla, Deputy City Manager, stated that with the last commirice in 190, each member appointed 7 members to the committee with the entire Council appointing the chair. Staff was recommending that same procedure. The existing 1995 committee also recommended a cant'- over committee for future watching of the bond projects. Consensus of Council was to proceed with the schedule and procedure as outlined in the back-up materials. Following the completion of the Work Session the Council convened Into a Special Called Session. 1. The Council considered adoption of an ordinance amending Ordinance No. 99-057, as amended, ordering an election to be held on May 1, 1999 and the amending o4nances, for the purpose of submitting to the registered voters of Denton, Texas amendments to the Denton City Charter by amending Amendment No. 25 and Proposition No. 16 to clarify that ,6e amendment refers to City officers end employees; to amend Proposition No. 5 to make a minor change in wording; ratifying previous actions of employees; providing a scverability clause; pro% Ling a savings clause; providing an Open Meetings clause; and providing an effective date. The following ordinance was considered: NO. 99-133 AN ORDINANCE AMENDING ORDINANCE NO. 99.057, AS AMENDED, ORDERING AN ELECTION TO BE. HELD ON MAY 1, 1999 AND THE AMENDING ORDINANCES, FOR THE PURPOSE OF SUBMITTING TO 7'HE REGISTERED VOTERS OF DENTON, TEXAS AMENDMENTS TO THE DENTON CITY CHARTER BY AMENDING AMENDMENT NO. 25 AND PROPOSITION NO. 16 TO CLARIFY THAT THE AMENDMENT REFERS TO CITY OFFICERS AND EMPLOYEES; TO AMEND PROPOSITION NO, 5 TO MAKE A MINOR CHANGE IN WORDING; RATIFYING PREVIOUS ACTIONS OF EMPLOYEES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING AN OPEN MEETINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE, Kristoferson motioned, Beasley seconded to adopt the ordinance, On roll vote, Beasley "aye", Burroughs aye ,Cochran "aye", Durrance "aye", Kristorerson "aye", Young "aye", and Mayor Millcr "ayc Motion carried unanimously. 1 The Council considered adoption of an ordinance of the City of Denton, Texas authorizing the City Manager to execute confidentiality agreements between the City and lotentiai bidders or acquirers participating in the divestiture process respecting the City's electric system assets; and providing an effective date, The following ordinance was con.aldercd: i i k I City of Denton City Council Minutes April 13,1999 I Page 5 NO. 99-134 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE CONFIDENTI+LIIY AGREEMENTS BETWEEN THE I CITY AND POTENTIAL BIDDERS OR ACQUIRERS PARTICIPATING IN THE DIVESTITURE PROrESS RESPECTING THE CITY'S ELECTRIC SYSTEM ASSETS; AND PROVIDING AN EFFECTIVE DATE, Beasley motioned, Burroughs seconded to adopt the ordinance, On toll vote, Beasley "aye", Burroughs "eye", Cochran "aye', Durranco "aye", Krisloferson "aye", Young "aye", and Mayor Miller "aye". Motion carved unanimously. 3. There was no official action on Closed Meeting items held +,rnter Section 551-011-551.085 of the Texas Open Meetings Act. With no ihrther business, the meeting was adjourned at 9:50 p.m. JACK MILLER, MAYOR CITY OF DEMON, TEXAS JENNIFER WALTERS , CITY SECRETARY Cl i Y OF DENTON, TEXAS i i t I I r I CITY OF DENTON CITY COUNCIL MINUTES April 20,1999 Alter determining that a quorum was present and convening in an open meeting. the City Council convened in a closed meeting on Tuesday, April 20, 1999 at 5:1 S p,m. In the Council Work Session Room at City Hall PRESENT: Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, Krisloferson and Young. ABSENT: Council Met.tber Durrance 1. The Council considered the following In Closed Meeting; A. Consultation with Attorney - Under TEX, GOVT. CODE Sec. 551.071, Discussed and consulted with the City's attorney, including outside legal counsel, litigation styled City of Denton v. Denton County Fresh Water Supply District No. U and Denton Count Fresh Water Supply District No. S, Cause No. 99-40158- 362, riled in the 362" District Court of Denton County, Texas, including strategy and possible settlement negotiations. B. Consultation with Attorney - Under TEX. GOVT, CODE Sec. 551.071, Considered tin ordinance of the city of Denton, Texas authorizing settlement of litigation Cassie Dean Johnson, Administratrlr of the F.'state of Aaron McCoy v City of Denton, Cause No. PR-94.458-01 and Caddie Dean Johnson Y. City of Denton, Cause No. 94.459-01, currently pending in the Probate Court of Denton County, Texas pursuant to the terms stated in the attached compromise settlement agreement and release of claims; authorizing the City Manager and the City Attorney to act on the City's behalf in executing any and all documents, and to take such other actions deemed necessary to finalize the settlement and release of claims; authorizing the expeuditure of funds necessary to effect the settlement in , an amount not to exceed $10,000, plus such other court costs and ad litem fees which the Court may order the City to pay and declaring at% effective date, C. Deliberations concerning Real Property Under TEX. GOVT, CODE See, 351,072, Considered an ordinaiia authorizing the City Manager to execute an assignment of a real estate contract to the City of Denton from R, D. Smith, Trustee, relating to the purchase of 6,174 acres of land for use by the Utility Department for future expansion needs of solid waste and water. This ilem was not discussed. D. Deliberations concerning Real Property - Under TEX. GOVT. CODE Sec, 551.072; and Consultation with Attorney • Under TEX. GOVT, CODE Sec, t 551.011. Considered and discussed the valuation and the possible sale, transfer, A or other divestiture of real property pertalning to the City of Denton's electric utility system, Including, without limitation: the Gibbons Creek generation facility located in Grimes County, Texas, the Spencer generation facility located on Spencer Road in Denton, Denton County, Texas; the hydroelectric facilities located In Denton County, Texas; and other components of the City's electric generation assets. Conduct a consultation with the City's attorneys, including the City's outside legal counsel, in order to consider and discuss various options and I i L s. i I City of Denton City Council Minutes April 20, 1999 Page 2 strategies, and to obtain the ad%ice and recommendations of the City's attorneys respecting the Issues concerning the cry's electric generation assets contained in this number l paragraph. E. Conference with Employees - Under TEX. GOVT. CODE Sec. 551.075, The Council received information from employees during a staff conference or briefing, but did not deliberate during the conference. Regular Meeting of the City of Denton City Council on Tuesday, April 20, 1999 at &00 p.m. In the Council Chambers at City Hall, PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Kestoferson and Young. ABSENT: Council Member Durrance 1, Pledge ofAilegi,.nce The Council and members of the audience recited the Pledge of Allegiaice to the U. S. and Texas flags, 2, The Council considered approval of the minutes of December 8 and 15, 1998. Kristoferson motioned, Cochran seconded to approve the minutes as presented. On roll vote, Beasley "aye", Burroughs "aye", Cochran "eye', Young "aye", and Mayor Miller "aye". Motion carried unanimously, PROCLAMATIONS 3. Earth Day Mayor Miller presented a proclamaion for Eanh Day that would formally be presented on Thursday at their wants. 4. Drinking Water Week and presentation of Fun Facts. Mayor Miller presented the proclamation for Drinking Water Week and Council received Fun Facts from members of the City's Water Department. 5, P.O.W. Awareness Month 1 Mayor Miller presented a proclamation for POW Awareness Week. 6. University of North Texas Lady Eagles Basketball Week Mayor Miller presented a proclamation for University of North Texio Lady Eagles Basketball week. t t f City of Denton City Cou ~cii Minutes April 20, 1999 Page 3 CITIZEN REPORTS 7. Jim Osborne regarding municipal services at the Denton Municipal Airport. Mr. Osbome was not present at the meeting. 8. Tillman Uland regarding it hazardous comer at Carroll Blvd. and University Drive. Mr, Uland stated that there was a hazardous comer at the comer of Carroll Blvd. and University Drive. He had had an accident at that comer and felt the corner was hazardous. The City had sent him a letter indicating that the City was not at fault and denied his chim for repairs. He felt that was not the right thing to do and the City should be responsible for his claim. 9. Nell Yelldell tegaru"ng the impounding of a vehicle from 513 Maddox Street Nis. Yelldell stated that she had received a letter from Code Enforcement indicating that she had njunked vehicle opt her property. The letter Ind!cated that she had ajunked green mustang in her yard. That was incorrect as she did not owm that typ: of vehicle. She had not been informed that her vehicle would be removed from the property. CONSENT AQENDA Cochran motioned, Beasley seconded to approve the Consent Agenda and the acco, tpanying ordinances. On roll vote, Beasley "aye', Burroughs "aye", Cochran "aye", Young "aye", and Mayor Miller "aye". Motion tarried unanimously. 10. NO.99.135 I AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A WITH THE HOUSTON- GALVESTON AREA COUNCIL OF GOVERNMENTS (H-OAC) FOR THE ACQUISITION OF A SKID STEER LOADER B1' WAN' OF AN INTERLOCAL AGREEMENT WITH THE CITY OF DENTON. AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. (P.O. #94105 TO H-GAClRDO EQUIPMENT COMPANY • S22,009.76.) H. . NO. 99-136 AN ORDINANCE ACCEPTiN t COMPETITIVE BIDS AND AWARDING A CONTRACT FOR 114E PURCHASE OF MEDIUM TO HEAVY DUTY TRUCKS; , PROVIDINO FOR THE EXPENDITURE OF FUNDS THF'1EFOR; AND PROVIDING ' AN FFFECTIVE DATE (BID 2337 - MEDIUM 70 HEAVY DUTY TRUCKS ` AWARDED AS LISTED IN THP ORDINANCE - 5354,588.24) 12, NO, 99.137 AN ORDINANCE ACCEPTINO COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF TUBULAR STEEL TRANSMISSION LINF. I t I City of Denton City Council Minutes April 20, 1999 k Page 4 STRUCTURES (POLES); PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE (BID 2346 - TUBULAR STEEL TRANSMISSION LINE STRUCTURES AWARDED TO THOMAS & BET fS CORPORATION - $420,060.) 13. NO. 99-138 AN ORDINANCE ACCEPTINU COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR COOLING TOWER REPAIR AT THE DENTON MUNICIPAL GENERATING STATION; PROVIDING FOR THE EXPENDITURE OF FIENDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2331 - COOLING TOWER REPAIR, DENTON MUNICIPAL GENERATING STATION AWARDED TO MIDWEST TOWERS, INC. - 5145,210.) PUBLIC HEARINGS 14, Tha Council held a public hearing to receive citizen comments regarding cable television rates. Richard Foster, Public Information Officer, stated that Charter Communications had submitted the proper notifications for rate changes. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing, , Council Member Cochran asked about the procedure of charging the system. He fell Denton residents were charged for services for the entire network. lie felt Denton should only be charged for those services used locally. Pat Morrow, District Manager for Charier Communications, stated that first two level of rates wk re based on local services provided. The other rates charged were within the guidelines of the FCC regulations, I$. The Council held a public hearing and considered r:zoning 19.33 acres front a Commercial (C) zoning district to a Multi-Family (MF-1) zoning district, The subject property was legally described am Lot 1 and Lots 3.26 of the Inman Subdivision and Tract 31, out of the Alexander Hill Survey (Abstract 623) and was located on the cast side of Meadow Street, the J south side of Inman Street and was just north or 1.35 East. The proposal was to develop a ' student apartment complex with approximately 400 units to be built In two phises. The Planning ! t ti and Zoning Commission recommended approval 3.2. (Z-99-014) Mark Donaldson, Assistant Directs for Planning and Development, stated that this was an area in the City that had been neglected for development. It was currently short on utilities and would take some development of significance in order to begin. The applicant was proposing a multi. family project for a university student type complex. The property was currently toned City of Denton City Council Minutes April 20,1999 Page 5 commercial and proposed zoning was consistent with the 1988 Denton Development Plan and with the current Growth Management Strategy. A neighborhood meeting was held April I Et and was attended by six people, The major topic discussed was the potential improvements to Inman Street and sewer service to the area. There were no conditions forwarded by the Planning and Zoning Commission. Parking indicated that there would be more than one parking space for every bedroom on the proposed site. That far exceeded the requirements for multi-family zoning and matched the requirement if the proposal wer, classified as a dorm. The proposal clearly met the requirements for multi-family zoning Council Member Kristoferson asked for a definition of a "multi-family"unit. Donaldson slated that a dwelling unit was defined as a living unit that had kitchen and bath facilities and the inhabitants could live Independently of the rest of the building. Multifamily was more than one dwelling unit in a structure, Council Member Kristoferson expressed a concern with the fact that tks proposal would have 400 units Wi 1128 bedrooms that would be individually leased. She felt that if a unit were individually leased, it should be counted as a unit. That would make the proposal more in the area of 50 units per acre rather than the indicated 20,69 units per acre. She questioned that if the bedrooms were individually leased why were they not Individually counted as a unit. I Council Member Durranco jolned the meeting, Donaldson replied that that would refer back to the definition of a unit per the City's code. A unit had a kitchen and a bath and an Individual could live in it without depending on any other portion of the building. Council Member Cochran felt this was similar to old style housing where rooms would be rented from the owner. Ile questioned if there were differences in parking requirements for different types of units. If there were separate units, 1.5 parking spaces per bedroom unit would be required. Ile asked about the definition or a multifamily unit, City Attorney Prouty stated that the standard for multi-family dwellings that included apartments, boarding houses, rooming houses and dormitories was one space for each bedroom unit, It was his understanding that one space for each bedroom unit would be provided or 1100 spaces. Council Member Burroughs stated that number of vehicle trips was based on 400 units. Ile questioned If there were di!'fcrent numbers for separately leased units. Donaldson stated no and that he was not aware of nny differentiation of leased by the unit or leased by the bedroom. The Mayor opened the public hearing, Dan Martin stag that some of the present development, In the area was not quality development to be located along a city corridor. Some development for the area had been lost due to lack of infrastructure. Ile felt this was an opportunity to develop the area for the best use available. Ile I t . City of Denton City Council Minutes April 20, 1999 Page 6 could not imagine another type of development that would benefit the city as well. This development would have green space and would be an attractive development. Hugh Caraway stated that lease by bedroom was a innovative method for renting units. A typical lease would place all occupants of the apartment on the lease and all would be responsible for the lease. Rent by the bedroom was a concept that would allow a parent to guarantee only one portion of the apartment rent. He indicated that he would be willing to change the lease arrangement back to renting by the unit rather than by the bedroom if there was a problem with this concept. Council Member Cochran asked if there were any type of relationship required for the renting of the bedrooms. Caraway stated usually all of the occupants of a unit knew each other but there might be a situation where a stranger could come into the apartment. A profile was completed when renting the units and those were used to help match occupants. Council Member Young expressed a concern for the residents in the area, It was his understanding that the neighbors were not in favor of the proposal. Caraway stated that they would be willing to make the unit near the houses a two-story building if necessary. They would also be planting tall trees in the area along with a 6-8 foot fence to screcr the area. The Mayor closed the public hearing. The following ordinance was considered: NO. 99-139 AN ORDINANCE OF THE CITY OF ''DENTON, TEXAS, PROVIDING FOR A CHANGE FROM COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A CONDITIONED MULTIFAMILY 1 (MF.I(Cj) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 19.33 ACRES OF LAND LOCATED ON THE EAST SIDE OF !MEADOW STREET, THE SOUTH SIDE OF 1NMAN STREET AND JUST NORTH OF 1.35 EAST; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Kristolerson motioned, Cochran seconded for denial, Mayor Pro Tem Beasley stated that this was a difficult piece of land with poor surrounding road f r conditions. This was a difficult piece of property to develop as there was ^ti water end sewer in the area. She felt that multi-family would be the best use of the property. Council Member Burroughs stated thin at this meeting, Council would be voting on the zoning of the propeey and the use of the property and not on the design of the property. Requirements could be considered during the platting phase and a1 a different level of this proposal. It was r 4 City of Denton City Council Minutes April 20,1999 Page 7 important to consider that this was for student housing and there was a need for such a project. There would be no negati%es on the DISD for multi-family housing. The property was not good for commercial development and the proposal would have a lower trip generation than what was currently zoned. Council Member Cochran stated that the traffic analysis was done on a certai,, type of housing and this proposal was not that type of housing. Traffic would be much greater than what was presented and he felt that would be too great for the area. Fla was also not sure the parking would be adequate. He was concerned about this type of concept for apartments. Council Member Young stated that this property was a unique piece of property. He questioned what type of business would locate on this type of property. This type of housing was needed and his piece of property was good for this type of development. He suggested having the developers meet with the homeowners for fencing requirements, etc. Council Member Kristoferson agreed that this area needed infill development but she had significant concerns about the development. The number of b,,4rooms was not consistent with the Growth Management Strategy and with the long term uses of the property. This was a commercial property and some commercial zoning generated almost no traffic. Mayor rlillcr stated that he would be voting against the motion. Most of the traffic in the area was generated with peak hours. With this proposal, traffic would be dispersed during the day. Student housing was m,ich diffcrent now than what was done in the past. On roll vote for denial, Beasley "nay", Kristofersm "ay'e", Cochran "aye", Durrance "aye•', Young "nay", Burroughs "my', and Mayor Miller "nay". Motion failed with a 3.1 vote. Peasley motioned, Burroughs , econded for approval with the conditions for the City's standard lighting conditions so that o, tsAe lighting would shine on the property and not into the night- time sky, a maximum of 21 units per acre as defined by multi-family housing with one parking space per bedroom, and an eight foot high masonry wall around the three residences. On roll vote, Bewley "aye", Kristoferson "nay", Cochran "nay", Durrance "nay", Young "aye", Burroughs and Mayor Miller "aye". Motion carried with a 4-3 vote. 16. The Council held a public hearing and considered rezoning 18.00 acres from a conditioned Commercial (C[c)) zoning district to a Multi-family 1 (MP-1) zoning district. The subject property was legally described as ao 18.0 acre portion of Tract 4 out of the D. Lambert Survey (Abstract 784) and a portion of Tract 3 out of the LWhite Survey (Abstract 1433) and was located on the south side of Colorado Blvd, approximately 550 feet west of Southern Hills Blvd. and also fronted 1.35E, immediately east of the Pace's Crossing apartment complex. The proposal was to construct a multi-family complex. The Planning and Zoning Commission recommended approval 7-0. (Z-99-009) / Mark Donaldson, Assistant Director of Planning and Development, stated that the request was to rezone the property from conditioned commcrcial to MP-1. Six property owner: were notified at the time of the Planning and Zoning Commission public hearing with a letter of oppos;tion received from the Paces' Crossing group. This evening a letter had been received from the Paces' Crossing group in favor of the proposal with three conditions. Those conditions included t. City of Denton City Council Minutes April 20,1999 Page 8 Planting trees as a visual screen along the mutual property line; provide an eight foot wooden fence and construct a maximum of 312 units on the site. The conditions were acceptable to the applicant. A supcrmajorily vole by the Council would be required if the three conditions were not included. Courts Member Kristofcrson expressed a concern regarding traffic in the area. T}.e Mayor opened the public hearing. Jonathan Vins r , representing the applicant, stated that staff was recommending approval. The prr ject confoni ed with the density plan and the development plan. This project would be 15 units per acre. The Planning and Zoning Commission unanimously recommended the project. Thcrre was no ;t ?osition up to this point and the proposed conditions were supported by the applicant. There % c uld be no impact on the DISD as this would be student housing for North Texas and TWU. Th, traffic generated by the proposed development would be less than what the property was curr,;nlly zoned. He felt this was the highest and best use of the property. Adam Jentner staled that the project would have one person per bedroom. There would be the same parking as one space per bedroom. Existing housinb projects, on an average, had parking that was 80% occupied with 20% of the spaces open. A history of similar projects indicatN !hat they had a high rate of occupancy that continued over the years, This project used as little as possible of the frontage on 135. Donald Silverman, current property owner of the tract and partner with Pace's Crossing, stated that of the entire tract of property, this piece was the least desirable piece for commercial development. He felt the highest and best use of this piece of property was multi-family housing. The balance of the property would he used for commercial development. The new hospital in the area had also submitted a letter of support for theproject as did he. The Mayor closed the public hearing. The following ordinance was considered: NO. 99-140 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM CONDITIONED COMMERCIAL (C[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A CONDITIONED MULTI- FAMILY I (MF-I[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 18.003 ACRES OF LAND LOCATED ON THE SOUTH SIDE r OF COLORADO BOULEVARD, APPROXIMATELY FIVE HUNDRED AND FIFTH . a, (550) FEET WEST OF SOUTHERN HILLS BOULEVARD AND THE NORTH SIDE OF THE 1.35 EAST FRONTAGE ROAD, IMMEDIATELY EAST OF THE PACE'S CROSSING APARTMENT COMPLEX; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF S:,)00.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. t I I I City of Denton City Council Minutes April 20,1999 Page 9 Beasley motionrd to deny the proposal. The previous case, that was similar to this one, was on a piece of proper*y that was difficult to d:velop and in611 was needed. The other property was close to the University . This property was ideal commercial property along the Interstate with access to a new hospital and a main shopping area, She felt this property should not be used for multi-family housing. She did not want to see a prime price of commercial property used for multi-family housing. Durrance seconded the motion to deny. He questioned this type of student housing and how it would be used. Mayor Miller stated that he would be voting against the motion, The proposal was in compliance with the 1988 Development Plan, There was liW-, frontage suitable on this site for commercial development. He felt there was a need to have proper housing in the City in order to accommodate the students and not have them live elsewhere. Council Member Kristoferson felt that this situation would be a mess, traffic would be a mess and that this was a prime piece of commercial property. On roll vote for denial, Beasley "aye", Burroughs "nay", Cochran "nay", Durrance "aye", Kristoferson "aye', Young "nay", and Mayor Miller "nay". Motion failed with a 34 vote. Young motioned, Burroughs seconded to adopt the ordinance with the approval of the three previously noted conditions. On roll vote, Beasley "nay", Burroughs "aye", Cochran "aye", Durrance "nay", Kristoferson 'r ay", Young "aye", and Mayor Miller "aye". Motion carried with a 4.3 vote. 17. The Council held a public hearing and considered rezoning 49.528 acres from an Agricultural (A) zoning disinct to a conditioned Single-Family 7 (SF-7[c]) zoning district. The subject property was described as Tract 108 out of the Thomas H. Living Survey (Abstract 729) and was located on the southeast comer of Silver Dome Road and Farris Road intersection. The proposal was to develop a single-family subdivision. The Planning and Zoning Commission recommended approval 7-0. (Z-99-008) Mark Donaldson, Assistant Director for P'nnning and Development, stated that the request was for SF conditioned zoning. At the Planrr g and Zoning Commission meeting there had been some opposition from the property owners adjacent to the proposal. At a neighborhood meeting two conditions wete developed as noted in tha agenda information. The proposal was consistent .viih 1988 Development Plan and the 1998 Growth Management Strategy Mayor Pro Tern Beasley asked about road improvements. Donaldson stated that the Thoroughfare Plan required secondary arterials can"uting to a new (f'-~ intersection that would be an extension of Windsor Drive. The right-of-way on Windsor would have to platted. The Mayor opened the public hearing. I I I City of Denton City Council Minutes April 20, 1999 a Page 10 Greg Edwards stated that the SF-7 zoning was continuing the zoning that was on Deerwood Parkway. Those property owners had requested larger lots adjacent to their homes. He felt that houses on 1800 square foot lots were not a problem for sale of the property and agreed to those size lots. Council Member Cochran asked about restrictions on the Deerwood property concernin5 materials used on the exterior. Edwards stated that it was fell that it was not an essential protection to add to this proposal. Wallace Batey stated that he was neighbor to the owners of the property. He felt this was a win- win situation for the City and the area residents. The Mayor closed the public hearing. Council Member Cochran expressed a concern about a lack of attention to exterior materials. Donaldson stated that a majority of the zoning cases had some type of restrictions for exterior matcrials. The following ordinance -vas considered: NO.99- 2 41 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO CONDITIONED SINGLE-FAMILY 7 (SF-7[c)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 49,528 ACRES OF LAND LOCATED ON THE SOUTHEAST COfNER OF SILVER DOME ROAD AND HARRIS ROAD INTERSECTION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. i Cochran motioned, Burroughs seconded to approve the ordinance with the previously mentioned conditions plus a condition that the exterior be 75 % masonry. Council Member Durrance stated that he had attended the neighborhood meeting. This was another SF-7 project that he felt was setting a precedent for this size of housing. He still had questions concerning traffic and movement in an intersection. He felt this was speculative t toning and was not in favor of that type of zoning. Council Member Kristoferson felt that this zoning was strictly for the owners of the property and would be artificially inflating the value of the property if granted this zoning. Council ',Icmbcc Young felt that not granting SF-7 housing discriminated against low-income individuals. There was a need for this type of housing and in particular in this area, { i City of Denton City Council Minutes April 20, 1999 e { Page 1 l r'ouncil Member Burroughs asked about placing a time frame to develop the property and if not developed in that time frame, the zoning would revert back to agriculture. I Edwards stated that the Cox family was trying to appropriately market the property. The ~I property was under contract with an investor who might hold the property for many years. There were no immediate development plans at this point in time. The zoning was to deten,rine the app ropri ate use of the property. City Attomey Prouty stated that he had concerns about putting time limits on straight zoning cases such as this as it might be legally questionable. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Kristol6wn "nay", Young "aye', and Mayor Miller "aye". Motion carved with a 5.2 vote. 18: The Council held a public hearing and considered rezoning Tract 2 (11.238 acres) and Tract 3 (22,809 acres) in the M. Austin Survey, Abstract 0004 from a Planned Development (PD) zoning district to a Commercial (C) zoning district. The 34.047 acre property was located on the west side of Loop 288, approximately 485 feet north of the T-intersection of Morse Road and Loop 288. The proposal was for future sale and development. Th! Planning and zoning Commission recommended denial 5-0. Dave Hill.'. 1 rcetor of Planning and Development, stated that this item had been tabled at a prior i City Council meeting to allow staff and the applicant to identify the extent of floodplain on the property and the amount that would be dedicated to the City. He reviewed the layout of the proposal. The approved PD41 concept plan for this parcel dedicated approximately 14.87 acres to the City. Staff recommendation was a total dedication of 15.044 acres. The applicant felt that was too much and offered 9.214 acres. Staff also recommended that if commerclal rezoning was approved that a floor to area ratio of 0.38 be used. A super majority vote by Council was required as the Planning and Zoning Commission had recommended denial. The M:,yor opened the public hearing. 11 Kent Key stated that he had asked the Planning and Zoning Commission to deny the proposal in order to get it before Council. He was concerned about the direction the dedication was going. He felt art 8 acre dedication was fair. The flood plain issue seemed to be the only issue with stiff. fie was willing to go back to the 10.65 acres of original dedication. The Mayor closrd the public hearing, The following ordinance wes considered: NO. 99-142 f ~ f c AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT (PD-41) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO COMMERCIAL (C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 34.047 ACRES OF LAND LOCATED ON TIIE WEST SIDE OF LOOP 288, APPROXIMATELY 485' r t. City of Denton City Cou!tcil Minul;s April 20, 1999 Page 12 NORTH 01' THE T-INTERSECTION OF MORSE ROAD AND LOOP 288; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, i Krisloferson motioned, Cochran seconded to adopt the ordinance with the condition of 10.65 acres of total flood plain dedication, the City's standard lighting condition in addition to the other conditions recommended by the Planning and Zoning Commission. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 19. The Cctrncil hrid a public hearing regarding the proposed annexation of an 80.70 acre tract locator on the south side of McKinney Street and was directly opposite of Trinity Road, in the City of Denton's extraterritorial jurisdiction. (Trinity Meadows) Mark Donaldson, Assistant Director for Planning and Development, stated that this was the first scheduled public hearing for this annexation. A preliminary plat had been received that indicated three large lots and one small lot. Manufactures homes would be on the site. Currently the site was not subject to manufactured home regulations. Annexation would bring the property into the City and would then be required to meet those regulations. A portion of the property was already in city limits. The Mayor opened Cie public hearing. The following individuals spoke during the public hearing. Amy Pennington, 619 Burning Tree. Coppell - favor Nona Sternavet, 6136 E. McKinney, Denton, 76201- favor , Cosgrove Sedellion, 619 Burning Tree, Coppell - favor Weldon Burgoon, Rt. 2, Box 6349, Denton, 76201 - opposition Richard Hayes, 819 W. Oak, Denton, 76201 - opposition The Mayor closed the public hear ng, 20. The Council held a public hearing regarding the proposed annexation of 100.30 acres located on the northwest comer of Loop 288 and Stuart Road intersection, in the City of Denton's extraterritorial jurisdiction. (Mesquite Meadows) Mark Donaldson, Assistant Director of Pianuing and Zoning, stated that the proposal was for 2 lots on the property - one inside the city limits and one outside the limits. A manufactured home park would be on one of the lots. The Mayor opened the public hearing. No one spoke in favor of the proposal The following individual spoke during the public hearing: Richard Hays, 819 "".Oak, Denton, 76201 - opposition i r City of Denton City Council Minutes April 20, 1999 Page 13 i The Mayor closed the public hearing. 21. The Council held a public hearing regarding the proposed annexation of a 19.90 acre tract ,ocated on the south side of Edwards Road, approxima}cly 2,000 feel west of Swisher road, in the City of Denton's extratemtorial jurisdiction. (Lubbers Addition) Malik Donaldson, Assistant Planning Director, stated that the preliminary Fiat had been approved. No sewer connection was proposed as individual septic systems were to be used. A private cooperative well would serve the manufactured housing unit. The Mayor opened the public hearing. The following individuals spoke bring the public bearing: Wade Willis, Edwards Road, Denton, 76208 - favt r Zack Mason, 6188 Sunshine Road, Denton, 76208 - favor Richard Hays, 819 W. Oak, Denton, 76201 - neutral The Mayor closed the public hearing. t VARIANCE 22. The Council considered an exaction variance from Section 34-114 (17) of the Code of Ordinances concerning sidewalks for the Mill Street Addition. The applicant proposal no sidewalk along the frontage of the property. The 0.51 acre property was located on the southeast comer of East Mill Street and Industrial Street, The Planning and Zoning Commission recommended denial 6-0, (V-99-002) Dave Hill, Director of Planning and Developrnent, stated that this was for a variance for the Mill Street Ad:ilion. The Planning and Zoning Commission had denied the request. Some sidewalks were already in the area. The cost for the sidewalks would not be any greater than other residential properties in the area. The plat had approved sidewalks in the construction plans. Council Member Young stated that the sidewalks were already on the north side of the street and were planned for Mill Street to Wye Street. There was no need for sidewalks on the south side of the street, Johnny Crabtree slated that some properties did not want a sidewalk. Young motioned to approve the variances. Motion died for lack of a second. 4 Beasley motioned, Cochran seconded to approve the variance on Industrial Street but keep the sidewalks on Mill Street. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "a, a", Young "nay", and Mayor Miller "oyc'". Motion carried with a 6-1 vole, t I I I I i I City of Denton City Council Minutes April 20,1999 a Page 14 ITEMS FOR INDIVIDUAL CONSIDERATION 23. The Council considered approval of a resolution of the City of Denton, Texas, accepting and expanding its extraterritorial jurisdiction into approximately '00 acres of land released from the Town of Norttilake, Texas extraterritorial jurisdiction; authorizing the Mayor to execute an interlocal apportionment agreement between the municipalities, providing a severability clause; and providing an effective date. Dave Hill, Director of Planning and Development, stated that this item was an agreement with Northlake regarding the accepting and expanding the common evtraterritorial jurisdiction. Northlake was in favor of the annexation proposal. This resolution would not allow a water district to form in the area. The following resolution was considered: NO. R99-016 A RESOLUTION OF THE CITY OF DENTON, TEXAS, ACCEPTING AND EXPANDING ITS EXTRf TERRITORIAL JURISDICTION INTO APPROXIMATELY 800 ACRES Oh LAND RELEASED FROM THE TOW, 4 OF NORTHLAKE, TEXAS EXTRATERRITORIAL JURISDICTION; AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL APPORTIONMENT AGREEMENT BETWEEN THE MUNICIPALITIES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. i Young motioned, Burroughs seconded to approve the resolution. On roil vote, Beasley "aye", Burroughs "aye", Cochran "aye', Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "ayc'. Motion carried unanimously. 24. The Council received a prelimirary assessment, held a discussion and considered approval of a schedule of public hearings with regard to the proposed voluntary annexation of a 2,745.51 acre tract of land located west of 1.35111, north of Crawford Road, and cast of Florence Road. Dave Hill, Director of Planning and Development, reviewed the schedule of public hearings for the property. Robson was requesting that the City withdraw its involuntary annexation and allow the entire tract to be vo'untarily annexed. It was recommended to continue with the schedule until the in(aiocal agreement was signed by Northlake. Beasley motioned, Burroughs seconded to approve the schedule. On roll v,.te, Beasley "aye', ! Burroughs "aye", Cochran "aye", Durrance "aye", Knstoferson "aye", Young "aye', and Mayor k Millcr "aye". Motion carried unanimously. r 25 The Council considered adoption of three ordinances annexing three tracts of land located in the southwestem section of the city of Denton extraterritorial jurisdiction, amounting to 3,102 acres of land. (First Reading) s I III ~ I i City of Denton City Council Minutes April 20, 1999 ~u Page Is A. Tract #1 (A-80): approximately 1,9j2 acres of land located at the southwestern edge of the city of Denton's extraterritorial jurisdiction, between Crawford and Lively roads, approximately 5,800 feet west from 1.35W, and east from Florence Road. (Robson property) B. Tract #2 (A-81): approximately 125 acres of land, 1,000 feet in width extending north from Crawford Road, and extending to the west approximately 5,800 feet from I-35W. C. Tract #3 (A-82): approximately 1,025 acres of land, located between 1.35W and U.S. 377, north of Crawford Road, and south of Alrcd Road. Dave Hill, Director of Planning and Development, indicated that Council should vote separately on each ordinance. Cochran motioned, Burroughs seconded to adopt the ordinance associated with (A-80)-Tract #I. On roll vote, Beasley "aye', Burroughs "aye', Cochran "aye', Durrance "aye", Kristoferson "eye', Young "aye", and Mayor Miller "aye". Motion carried unanimously. Cochran motioned, Burroughs seconded to adopt the ordinance associated with (A-81)-Tract 2, On roil vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. The following individuals spoke regarding Tract #3: Patricia Brown, Route 2, Box 319, Argyle, 76226 - opposition Peggy Smith Basshani, Route 2, Box 3208, Argyle, 76226 - o;ipositior David Saxe, 8023 Bomue Brae, Argyle, 76126 - opposition Chris Bancroft, 1621 N. Elm, Denton, 76201 - opposition Council Member Kristoferson asked if there vould be a possibility that the area c>uld be annexed but not provide services or tax them until the utility lines were in place. City Attorney Prouty stated that it was possible in some areas to do a limited annexation for limited purposes. That ~A not apply to Denton. Cochran motioned„ Young seconded to adopt the ordinance associated with (A-82)-Tract #3 comprising 472 acres of the Huffines properly and remove from the annexation Tracts A, B, C, D, E, F and G. On roll vote, Beasley "aye", Burroughs 'hay", Cochran "aye", Durrance "nay", Kristofcrson "aye", Young "aye', and Mayor Miller Nay". Motion failed with a 4-3 vote as a super majority vote was required. J. r ~Ir~ t. Durrance motioned, Miller seconded to adopt the ordinance associated with (A-82)-Tract #3 as presented. On roll vote, Beasley "aye", Burroughs "aye', Cochran "nay", Durrance "aye", Kristoferson "aye", Young "nay", and Mayor Miller "aye". Motion failed with a 5.2 vote as a super majority vote was required. MINION t c c City of Denton City Council Minutes April 20,1999 i Page 16 Burroughs motioned, Young seconded for a reconsideration of the motion to adopt the ordinance associated with (A-83)-Tract #3 excluding Tracts A-G. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "nay", Kristorerson "aye", Young "aye", and Mayor Miller "aye". Motion carried with a 6.1 vote. 26. The Council considered adoption of an ordinance annexing a 52.49 acre tract located on the south side of Ryan Road, 150 feet east of Forestridge Drivc; establishing a Single-Family 16 (SF-16) zoning district on the northern 20.98 acres and a Single-Family 10 (SF-10) zoning district on the remaining 31.51 acres; and providing for an e-fective date. The Planning and Zoning Commission recommended approval. (A-79 - First Reading) Dave Hill, Director of Planning and Development, stated that fie annexation and zoning would be considered at the same time with this ordinance. A super majority vote was required by Council. The following ordinance was considered: NO. 99-143 AN ORDINANCE ANNEXING A 52.49 ACRE TRACT LOCATED ON THE SOUTH SIDE OF RYAN ROAD, 150 FEET EAST OF FORESTRIDGE DRIVE; ESTABLISHING A SINGLE-FAMILY 16 (SF-16) ZONING DISTRICT ON THE NORTHERN 20.98 ACRES AND A SINGLE-FAMILY 10 (SF-10) ZONING DISTRICT ON THE REMAINING 31.51 ACRES; AND PROVIDING FOR AN EFFECTIVE DATE Beasley motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", , Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferso:t "aye', and Mayor Miller "aye". Motion carried unanimously. 27. The Council considered adoption of an ordinance approving a real estate contract between the City of Denton and Linwood Roberson and Eula Bell Roberson relating to the lit purchase of 0.054 acres of land for the expansion of U.S. Highway 77 (Parcels 56 and 57); authorizing the expenditure of funds therefor; mid providing an effective date. The following ordinance was considered; NO. 99-144 AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND LINWOOD ROBERSON AND EULA BELL ROBERSON . A RELATING TO THE PURCHASE OF 0.054 ACRES OF LAND FOR THE ! % EXPANSION OF U.S. HIGHWAY 77 (PARCELS 56 AND 57); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. c r City of Denton City Council Minutes Apri 120,1999 Page 17 Durrance motioned, Cochran seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristofersm "aye", and Mayor Miller "aye". Motion tamed unanimously. 28. The C'ouncii considered adoption of an ordinance authoriting the City Manager to execute an assignment of a real estate contract to the City of Penton from R. D. Smith, Trustee, relating to the purchase of 6.174 acres of land for use by the Utility Department for future expansion needs of solid waste and water; authorizing the expenditure of funds therefor; and providing an effective date, Thin item was not considered. 29. The Council considered an ordinance of the City of Denton, texas authorizing settlement of litigation Cassle Dean Johnson, Admi,istratrLv of the Estate of Aaron MCCoy V. City of I Denton, Cause No. PR-94.458-01 and Caddie Dean Johnson v. City vfDenion, Cause No. 94- ! 459-01, currently pending in the Probate Court of Denton County, Tcxas pursuant to the terms slated in the attached compromise settlement agreement and release of claims; authorizing the City Manager and the City Attorney to act on the City's behalf in executing any and all documents, and to take such other actions deemed accessary to finalize the settlement and release of claims; authorizing the expenditure of funds necessary to effect the settlement in an amount not to exceed $10,000, plus such other court costs and ad litem fees which the Court may order the City to pay; and declaring an effective date. The following ordinance ,vas considered: NO. 99-145 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF LITIGATION CASSIE DEAN JOHNSON, ADAILVISTRATRIX OF THE ESTATE OF AARON AWCOY V, CITY OF DFNTON, CAUSE NO. PR•94-458-01 AND CADDIE DEAN JOIINSON V. CI1Y OF DE'NTON, CAUSE NO. 94-459-01, ! CURRENTLY PENDING IN THE PROBATE COURT OF DEN°TON COUNTY, TEXAS PURSUANT TO THE TERMS STATED IN THE ATTACHED y COMPROMISE SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS; AUTHORIZING THE CITY MANAGER AND THE C17Y ATTORNEY TO ACT ON THE CITY'S BEHALF IN EXECUTING ANY AND ALL DOCUMENTS, AND TO TAKE SUCH OTHER ACTIONS DEEMED NECESSARY TO FINALIZE THE SETTLEMENT AND RELEASE OF CLAIMS; AUTHORIZING THE EXPENDITURE OF FUNDS NECESSARY TO EFFECT THL SETTLEMENT IN AIN AMOUNT NOT TO EXCEED 510,000, PLUS SUCH OTHER COURT COSTS AND AD LITEM FEES WHICH THI COURT MAY ORDER THE C17Y TO PAY; AND DECLARING AN 1 EFFECTIVE DATE. Burroughs motioned, Durance scconde~ to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye', Durrance "aye", Kristoferson "aye", and Mayor Miller "aye. Motion carried unanimously. 1 I I City of Denton City Council Minutes April 20, 1999 Page 18 30. The Council considered an ordinance authorizing the City Manager to execute a contract for professional legal services with Wood, Thacker & Weatherly, P.C. to provide legal services with regard to litigation styled William Allan Stanley, individually and as ineependent executor of the estate of Dorothy Louise Stanley v. City of Denton, Texas, Cause No, 97-40490-362, Filed in the 362' District Court of Denton County, Texas, authorizing the expenditure of fun.11 therefor; and providing an effective date. The following ordinance was considered: NO, 99-146 AN ORDNANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH WOOD, THACKER & WEATHERLY, P.C. TO PROVIDE LEGAL SERVICES WITH REGARD TO LITIGATION STYLED IYILLMAY ALLAN STANLEY, INDIVIDUALLY ANP AS INDEPENDENT EXECUTOR OF THE ESTATE OF DOROTHY LOUISE STANLEY V. CITY OF DENTON, TEXAS, CAUSE NO. 97-40490.362, FILED IN THE 36211D DISTRICT COURT OF DENTON COUNTY, TEXAS, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Cochran motioned, Beasley seconded to adopt the ordinance. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 31. The Council considered approval of a resolution authorizing the City Council to appoint e special Citizens Advisory Committee for the Capital Improvement Program; and declaring an effective date. The following resolution was considered: 899.017 A RESOLU71ON AUTHORIZING THE CITY COUNCIL TO APPOINT A SPECIAL CITIZENS ADVISORY COMMITTEE FOR THE CAPITAL IMPROVEMENT PROGRAM; AND DECLARING AN EFFECTIVE DATE. Young motioned, Burroughs seconded to approve the resolution. On roll vote, Beasley "aye", Burroughs "aye", Cochran "aye", Durrence "aye", Kristoferson "aye', Young "aye", and Mayor Millcr "aye'. Motion carried unanimously, } Council Member Young appointed the following individuals: Lillie Clark Vicki Hill Ernest McNeil Peggy Fox Wayne Autrey Edwin Fulton Dr. Evelyn Curry ~ I i i I i i City of Denton City Council Minutes April 20, 1999 m Page 19 Council Member Cochran appointed Martha Len Nelson. i Mayor Pro Tem Beasley appointed the following individuals; Euline Brock Fran Morgan Tim Charles Council Member Kristoferson appointed Tammy Thayer. r 32. The Council considered an appointment to the Civil Service Commission. City Manager Jet apf-)inted appointed Kerd Burnside. Cochran motioned, Beasley seconded to approve the appointment. On roll vote, Beasley "Aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Millcr "aye". Motion carried unanimously. 33. The Council considcred nominationsrappointments to City Boards and Commissions. I Council Member Burroughs nominated Terri Rheault to the Human Services Advisory Commiltec. Council Member Young nominated Vemice Wilson to the Keep Denton Beautiful Board. Beasley motioned, Durrance seconded to waive the Council's rules and vote on the nominations at this meeting. On roil vote, Beasley "aye", Burroughs "aye", Cochran "eye", Durrance "aye", Kristoferson "eye", Young "aye", and Mayor Miller "aye". Motion carried unanimously, On roll vote for the two nominations. Beasley "aye", Burroughs "aye", Cochran "aye", Durrance "aye", Kristoferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. 34. The Council considered a motion to authorize the holding of a City Council meeting outside of City Hall. Burroughs motioned, Beasley seconded to authorize the holding of a City Council meeting outside of City Hall. On roll vote, Beasley "aye' Burroughs "aye", Cochran "aye", Durrance "aye", Krisloferson "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously. I ~ 35. Miscellaneous matters from the City Manages 4 City Manager let did not have any items for Council. 36. New Business The following items of New Business were suggested by Council Members for allure agendas: ' t t City of Denton City Council Minutes April 20,1999 Page 20 A. Council Member Young requested a possible change in design of the underpass at Robertson and Sell Avenue. 31. The Council continued with their Closed Meeting under Sections 53 1.07't,55 1.085 of the Texas Open Meetings Act. 38. There was no official action on closed Meeting items held under Sections $51.071 - 551.085 of the Texas Open Meetings Act. With no further business, the meeting was adjourned. k JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS j 1 ~a . 6 I I I III CITY OF DENT ON CITY COUNCIL MINUTES ApH121, 1999 The Council convened into a joint meeting with the Denton Independent School District Board of Trustees on Wednesday, April 21 1999 at 12:00 noon at the Central Services Building, 1307 N. Locust, Ucnton Texas. PRESENT. Mayor Miller; Mayor Pro Tern Beasley; Council Members Burroughs, Cochran, and Kristoferson. ABSENT: Council Members Durrance and Young 1, The Mayor called the City Council to order and declared a quorum was present. 2. The Council considered legislative issues. Dave Hill, Director of Planning and Development stated that at the planning level there were three legislative areas to consider - annexation authority, vested rights and impact fees. Howard Martin, Assistant City Manager for Utilities, stated that central issues in utilities dealt with electric deregulation and the creation of special water district. Ray Braswell, Superintendent of Schwls, stated that the DISD was concentrating on financing legislation for schools, voucher bills and impact fees. 3. The Council received an update on the drug education program. Dr. Rutherford reviewed the change in the DARE program and the program with the Student Resource Officer. 4. The Council received an update on the Denton ISD G: ,wth Management Strategies. Dean Anthony staled that there were student caps placed on several of the campuses, When a campus was closed, new students would have to move to a different campus, 5. The Council received an update on public safety-school design. The City staff indicated that mobile data computers would have the layouts of a;l schools in the police vehicles for the officer's information. 6, The Council received an update on a teen center, i Ed Rodney, Director of Parks and Recreation, stated that a teen center was a creative way to reach youth in Denton Staff was in the process cf identifying the king, of facilities that would be needed for such a center. They were also looking into the kinds of services and activities to offer at the center. ti ,j c I City of C,enton City Covncil Minutes April 21. 1999 Page 2 With no further business, the meeting was 4cumed at 1:40 p.m. E I JACK MILLER, MAYOR CITY OF DENTON, TEXAS i JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS i I z, i i i I hibi t CITY OF DENTON CITY COUNCIL MINUTES April 27,1999 Pfler determining that a quorum was present and convening in an open meeting, the City Council convened in a closed meeting on Tuesday, April 27, 1999 at 5:15 p.m. in the Council Woik Session Room at City Hall. PRESENT: Mayor Miller; Mayor Pro Tem Beasley; Council Members Burroughs, Cochran, Durrance, Kristoferson rnd Young, ABSENT: None I . the Council consideredt:re icllowing in Closed Meeting: A. Consultation with Attorney - Under TEX. GOVT, CODE Sec. 551,071, Discussed and consulted with the City's attorney, including outside legal counsel, litigation styled City oJDenlon v. Denton County Fresh Water Supply Dlstricf No, IA and Denton Cour, ty Fresh Water Supply District No, 3, Cause No. 99-40158- 362, filed in the 36::'' District Court of Denton County, Texas, including strategy and possible settlement negotiations. B. 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 tho conference. The Council convened into a Work Session on Tuesday. April 27, 1999 at 630 p.m. in the Council Chambers at City Hall. PRESENT: Mayor Miller; Mayor Pro Tom Beasley; Council Members Burroughs, Cochran, Durance, Kristoferson and Young. ABSENT: None 1. The Council received a report, held a discussion and gave staff direction regarding a review of the closing of Avenue C. Rick Svehia, Deputy City Manager, stated that there were two measurements used relative to a follow-up of the closing of Avenue C - accidents and traffic county. Of the nine accidents that had happened since the closure, seven were south of Eagle Drive at Avenue C. The information from the traffic counts showed that several surrounding streets were experiencing a substantial change in the lrafiic count of the perimeter streets. Avenue E had experienced a drastic change since the closing and Bernard Street was beginning to experience higher counts. Fred Pole, Lr+,cr+ity of North Texas, stated that the students had enjoyed a safe fall semester r with no accidents in the area, They had taken a survey of the students who used the street and A new science building and 455 students indicated that they would like to have the street remain f r~ v closed. In addition to the university students, there were many elementary students who used the new science building and enjoyed the street closure during this past fall semester. The University was open for suggestions for alternatives for the summer months. May 14th was the last day of the spring semester. He suggested not closing the street after May 14th during the summer until the beginning of the fail semester. He also suggested meeting with City staff to look at more alternatives during the summer for the fall semester, f (V i V City of Denton City Council Minutes Apri 127, 1999 Page 2 Council Member Cochran presented a handout with suggestions for alternative for closing Avenue C. Some of those suggestions included traffic calming devices, replacement of stop signs that had been removed for the closing, widening medians and enhancing crosswalks. He agreed with the suggestion of Dr. Pole for keeping the street open during the summer and implementing the suggestions he had presented, The handout was Included with the agenda materials. Mayor Miller also suggested having City staff work with UNT for alternatives and return with alternative solutions for tl c tell semester. Consensus of the Council was to proceed with working with UNT on suggestie is and altematives for Council and UNT consideration. 2. The Council received a funding recommendations report from the Community Development Advisory Committee and the Human Services Committee and held a discussion regarding the proposed 1999 City of Denton Action Plan for Housing and Community Development. Barbara Ross, Community Development Administrator, indicated that representatives from the two committees were present to detail the recommendations for the upcoming year. The 1999 Action Plan included $179,922 worth of funding requests. The Human Services Committee also recommended $213,353 worth of funding from the General Fund. The agencies recommended for funding and the estimated schedule for approval were presented in the agenda back-up materials. The Chairs of the Human Services Committee and the Community Development I Advisory Committee presented the details orthe proposed allocations. Consensus of the Council was to proceed with the proposed time schedule with the proposed funding recommendations. Item k4 was considered. 4. The Council received a report, held a discussion and gave staff direction regarding possible changes to the Pecan Creek drainage project from Ruddell Street to Woodrow Lane. Rick Svehla, Deputy City Manager, stated that improvements to the main channel of Pecan Creek and the PEC•4 had its origins in the 1995 CIP program. Mr. Hudspeth had asked for the channel to be moved further north. Currently the project would extend it in an eastern direction across most of his property. It was not recommended to go over the sewer lines as there was not much cover on these lines and erosion of the area was very likely. Estimated costs for changing the project was $400,000. A number of trees would be saved but the cost to save those trees did ' not seem reasonable or proportionate for the costs that would be incurred Staff was recommending continuing with the design as proposed, Court: it Member Young asked if there were any other plans to move the project in order to save at least some of the trees, City of Denton City Council Minutes April 27, 1999 w Page 3 Svehla stated that it woaAd depend on how far the channel was moved. Costs, , ould be incurred relative to the moving of the project and moving the project would require moving part of the piping system. Council Member Cochran felt it was too had that the project had to take out all of these trees in order to do the project. He asked if these trees could be left alone and maintain the rest of the { project. Svehla stated that if the water went around the trees, it would eventually wash the trees away or the soil away and kill the trees. Council Member Kristoferson asked about keeping the trees in place. Svehla replied that the City would then not get credit for provisions for a 100 year flood. Mayor Pro Tern Beasley asked about changing the course of the drainage and the water possibly finding its way back. Svehla replied that if the old alignment were filled, over time the water would nuke its way back to the original alignment. Once the soil was disturbed and without some type of growth of the fill, there would be some erosion. } Council Member Kristoferson suggested replacing the trees that would be lost inch for inch. Svehla stated that staff had used the landscape ordinance for replacement. Consensus of the Council was to bring back information on a cost estimate for replacing the trees inch for inch from the tree farm. Willie Hudspeth stated that the plan he had suggested did not have anything to do with the moving of the sewer pipe. He would go to FF MA with the proposal to see what their thoughts were cone cmIng trees in that drainage area. He questioned how much dirt was needed to be over the sewer pipe and had not received an answer to that question. He was asking the City to move the project north, to make the project wider on one side. Going north would make the project straighter than the proposal. Water would only run through that area once or twice a year to make a difference. Toe current proposal would take away every tree on his property, 3, The Council received it report, held a discussion and gave staff direction regarding the Historic Preservation, Economic Diversification, and Public Facilities sections of the Draft Comprehensive Plan. J Julie (Ulover, Main Street Coordinator, presented the Historic Preservation section of the Plan. / Goals and strategies included historic districts and historic tourism. Details of those goals and strategies were included in the back-up materials. Linda RalliFG Economic Develoi)meni Director, presented the economic diversification section of the Plan. Goals and strategies included employment opportunities, local and small businesses, 31 C I i City of Denton City Council Minutes April 27,1999 k Page 4 workforce, development incentives, and industry recruitment. The agenda materials contained the details of those goals and strategies. Dave Hill, Director of Planning and DevelopL ent, presented the public facilities section of the Plan with goals and strategies presented in the agenda materials. Council Member Cochran suggested ,taff devise a plan to keep the econnmic development figures current for the plan. The finished project should include such an update. Following the completion of the Work Session, the Council convened into a Special Called Meeting. I. The Council considered appointments to a special Citizens Advisory Committee to study capital improvement needs for projects to be included in a January 2000 bond election, Mayor Pro Tom Beasley appointed Christine Rowl and Pat Murrow, Council Member Durrance appointed Eva Cadwalder and Ed Soph. Council Member Burroughs appointed Lary Collister. Council Member Young nominated Joe Mulroy for Chair. Mayor Pro Tom Beasley nominated Euline Brock for Chair, On roll vote for Joe Mulroy as chair, Beasley "nay", Burroughs "nay", Cochran "nay", Durrance "nay", Young "aye", and Mayor Miller "nay". Motion failed with a 1-6 yr to On roll vote for Euline Brock for chair, Beasley "aye", Burroughs "aye", Cochran "aye", Durranee "aye", Young "rAy, and Mayor Miller "aye". Motion carried with a 6.1 vote. With no further business, the meeting was adjourned at 8,3:' p,m. JACK MILLER, MAYOR CITY OF rENTON, TEXAS i~ JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS r , r +tOtatY ApMM HIM Od1 AGENDA INFORMATION S}IECT AGENDA DATE: August 3,1999 DEPARTMENT: Utility Administration/Safety ACM: Howard Martin, 349.8232 1P' , SLAJRCT2 Texas Lone Star Chapter of the Solid Waste Association of North America 1999 Road•E-O Awards. i BACKGROUM On Saturday, June 12, 1999, the Texas Lone Star Chapter of the Solid Waste Association of North America Annual Road-e-o was held. One hundred and two participants representing municipal utilities across the state of Texas competed. Six p participants represented Denton Municipal Utilities, Solid Waste Collection evenu were roll-off, rest loader, automated an 1 front loader operation. Leroy Ayen, Andrew Mack, Steve Cantrell, and Kevin. Goodman represented DMU in collection events. Landfill events were scraper, compactor, and bulldozer operation. Craig Ball and Randall Morris represented DHU in landfill events. DMU participants placed as folleivs: Front-Loadtr Competition Stood Place Leroy Aytn Compactor Competition Third Place Randall Morris Respectfully submitted: p Oz:li M~Ka~w Lee Hicks, Utility Safety Coordinator j r R F I 1 u i 11 W.✓ I i 1 ' i NINO 49? AGENDA INFORMATION SHEET t, AGENDA DATE: August 3,1999 Questions concerning this acquisition may be directed f DEPARTMENT: Purchasing to Sharon Mays 349.8487 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECTS , AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER ONE TO THE CONTRACT FOR THE PURCHASE OF TUBULAR STEEL TRANSMISSION LINE STRUCTURES BETWEEN THE CITY OF DENTON AND THOMAS & BETTS CORPORATION; PROVIDING FOR AN INCREASE IN THE SCOPE OF WORK AND AN INCREASE IN THE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE DATE (BID 2346 - TUBULAR STEEL TRANSMISSION LINE STRUCTURES (POLES) AWARDED TO THOMAS & BETTS CORPORATION IN THE AMOUNT OF 5420,060 PLUS CHANGE ORDER ONE IN THE AMOUNT OF $39,992). BACKGROUND: Council approved a contract with Thomas 6: Betts Corporation to supply 53 tubular steel transmission poles, in various lengths from 60-feet to 95-feet on April 20, 1999 (Ordinance 99- 137). The poles are for the rcnovr•bn of our 69KV Tronsmissic-t Line. To accommodate the requirements of TXDOT in the w.,,ening of Highway 77, a design change is required for the relocation of a portion of the 69KV line near the TI Facility. This design change requires an additional three poles similar to those included in Bid 2346. By utilizing the existing bid we save a considerable amount of time and dollars. RECOMMENDATION: We recommend Change Order One to Bid 2346 be awarded to Thomas 6: Bens Corpmtion, in the amount of S39,991. ESTIMATED SC EDLI,E PF PROJECT: The thrce additional poles are quoted for delivery in 14 weeks after receipt of an order or approximately the last week in October 1999, PRIOR ACTIONIRENIEW (Connell. Boards, Commist ml: Bid 2346 was awarded by Council on April 20, 1999 (Ordinance 99.137) in the amoraa of $420,060. FISCAL iNFOArIATION: i .l, ~ r Change Order One will be funded from 1998 Revenue Bonds account (651-080•RB98.69KV- 9218). The original contract amount was 5420,060. Change Order One is in t'te amount of t' $39,992, the new contract amount would be 5460,0142. r t AGENDA INFORMATION SHEET AUGUST 3, 1999 PAGE 2 bF 2 CHANGE ORDER INFORMATION: This change oma is the result of a design change by TXDOT on the Highway 77 widening project. The new design requires relocation ofa portion of our 69KV Tranamisslon Line. We will be acquiring three 'ditional poles, one 76-feet in length and two g$deet in length along with three sets of anchor Molts requited for installation. Respectfully submitted: Tom Shaw, .P.M., - I 0 Purchasing Agent i 1 Attachment 1: Purchase Order S4950 with Change Order One Attachment 2: Qucte from'ibomas do Bette, Corporation I MAGMA I ~ ti 1 J r~ i , o i ~ C. l~ PURCHASE ORDER NO: 94950 (~IPTHIS IS A Phis number must oppesr on 111 IRMIMO ORDER Invoices, delivery sups, cases, OF MARKED) ctns„ boxes, pecking slips and bins. 00 NOT DUPLICATE iep. Nm Bid w 2346 Data 07 20 99 Pees Na OS CITY OF DEMTON TEXAS Fuftu4Asdro aMa,oN I 901-B TEX1~T ATW ~ DlIrtOK Tt.xA# 7e201-43e4 9401349-:'100 D1FW fA!TRO 817/267-0042 FAX 9401349-7302 :MOOR THOMAS o SETTS Volt the 0ny of Drntode W*Wlts K wwW.e1tyefd4Moncero %ME/ C/O UTILITY SALES AORNTS card" CITY Of DENTON POLE YAPD 831 )CRESS 12200 FORT ROAD BUT 1111 AMU 1101 SPSNC3R ROAD DALLAS T% 75234 DENTON, TE%A8 16205 MAC LARA "OPEN TRAILER SHIPMENT ONLY" YEN" NO. TH049105 DELIVERY DUOTED 08 03 99 F01 DESTINATION SUPER DH TERMS 101 420060.000 LT VENDOR CAT. It N / A 11`0 NAME 1.000 420#060.00 CITY # 9200 TUBULAR STEEL TRANBNISSION POLES PER SPEC. (55495.67) 63 POLES TO REBUILD 69MY LINE COUNCIL APPROVAL 4-20-99 102 39992.000 I1 VENDOR CAT. It N / A Mf0 NAME 14000 39#992.00, CITY It 8100 CHANGE ORDER ONE ti i P 0E TOTAL t 480#053.00 I OP ND TOTAL ! 460,063400 i r., 01 653 080 RB90 G9xV 9218 C031601A C031001A 420#060.00 02 663 000 BB99 69%Y 9218 C040301A C040501A 39#992.00 IiNOMI ItY111tlCikOAIS 1 form4 • Not 3/ swn.w.b.'Nrw#I t. fend kkFlnd M+skl YNA dr sk t11F~. 4. iAiNIM 110101W 1.0.9 OestknstNn ~r~ofd 9w., ..1w+4# MNe.e) MeloNd s t. 1111 b A9slonts F Ne load M WN som Ys sw be 15 I. k M Frk41 11114( MntMt TI„1111 t o wa l VMtK: Ulty a Uenwn PROJECT NlpAway rr CM6ft RFO 0: TSB PROP N: 10660 01•J&H WEIGHT 1 PRICE SUMMARY Fww Ae. StrA A.I. Swot. TOTAL TOTAL Pow poll t unf UrA Unb UrA U111T DINT 0". W". ~onortoron_ L.non NakN w01~ ~W,f~l MY--!Niiohl--p'!°',Y4sP+~a rn wraaT mm. +__~P?r•+ _ie..._....r!_--t--6-aaeJow,i •},tb__..??A!t_. !!,???.._4?!:1~1......!!~!___4r►,!!!_. ~!r!=?~a. 2 _~jr•s N is 1 66a Join! _r ISoM le 47~ 4,1 4 IM34 6M4 0SAN N Tfb Ora _ - - E41~~,. T ?ZL___ W~ _L 64L721 k?" 4 AWW Wk Fm N 1 140~ - 6 POW FRO tzu...:.1 - ••st~uuia.a <.:.rsm_t.se_u.• •i"u.ws•ua TOTALS: -6+ IS6~6 NOl6>E; ' 1. Suvefura 8hlpmfnt; 14 weeks afar naNpl of ardor and Anal daalOn k+lormatlon Anchor Bob SMpnMnl: 6.0 woof @%r NOW of order and Mal dosipn bdon"Wm SduduwS are subject b pdor MI61. 2 Fabnudon FadMy: HowW TX 1 F WgN Terms: Tnuk Front FO Geftfi . SWVI@ Lowom. U*Sft by WMn N 4 Prke koc FMh: OaNark6d Ck": SW LUG$ PLUS Slap. SWcw 0" Tne4rNnt: 16 mbf Comxow S i' I y : 1 9 IN AWW B6U shoo Auambwd Ground Move. Nona C± I bd_ap,l,wk4 1 u , i 1 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE EXECUTION OF CHANGE ORDER ONE TO THE CONTRACT FOR THE PttRCHASE OF TUBULAR STEEL TRANSMISSION LINE STRUCTURES BETWEEN THE CITY OF DENrON AND THOMAS do BETTS CORPORATION; PROVIDING FOR AN INCREASE IN THE SCOPE OF WORK AND AN INCREASE IN T1IE PAYMENT AMOUNT; AND PROVIDING AN EFFECTIVE DATE (P ID 2346 - TUBULAR STEEL TRANSMISSION LINE STRUCTURES (POLES) AWARDED TO THOMAS & BETTS CORPORATION IN THE AMOUNT OF 5420,060 PLUS CHANGE ORDER ONE IN THE AMOUNT OF S39,992). WHEREAS, on April 20.19", the City awarded a contract to Thomas & Bctu, Corporation in the amount of 5420,060; and WIIERI'AS, the City Manager having recommended to the Council that a change order be authorized to amend such vntttet %&cement with respect to the scope and price and said change order being in compliance with rite requirements of Chapter 252 of the Local Government Code; NOW, THEREFORE, T'HE COUNCIL OF THE CITY OF DENTON HEREBY ORDAtXS: SROON,(, That the ch^nge order Increasing the amount of the contract agreement between the City and Thorns & Betts, Corporation, copy of which is attaclxd hereto, in the amount of THIRTY NINE THOUSAND NINE HUNDRED NINETY TWO and no/IDO Dollars ($39,992), is herby approved and the expenditure of fords then for is hereby authorized. The truster contract ar vint is amended to read 1460,051 SECTION 11. That this ordinance shall become effective Immediately upon its postage and approval. PASSED AND APPROVED this the , day of 1999, JACK MILLER, MAYOR ATTEST: JENNIFER WALT'ERS, CITY SECRETARY < BY: APPROVED AS TO LEGAL FORM: HEBERT L. PROUTY, CITY ATTORNEY BY: BID 02346-TUBULAR MUM 01 CHANGEORDER.ORDINANCE I I~ F 1 f i 1 CUSTOMER. CAyofOMlat PROJECT: Highway 11 C"Ill RFO 0; T60 PROP 0: +0660 O+,lul-00 WEIGHT I PRICE SUMMARY Fuld A.O. Sktaol. A.O. 0lnaot. TOTAL TOTAL Fbw Pow Ep4m UnN unk UnN 1k+0 umT umT 0>eT'O. 01{T'O. _._..~!rtf~ ~'z„~}~._.,!f!--_ W!Idil_TMaO,~.~loa ~►ItlC! VyflOilT IIUC~ lN,t?q F?s,I~o 2 P1T4 $1 r 16 1 Wf iaw 4,0--g021 MK #6,am„ ! ..~l 4_.. f P1T4 ~_SI ~6 + 00p_Jok~l,_ f,121 11,6 JIM "131 4 Andgr flak Fralpht + MIN "W-1 6 Pow Fraiphf 1 IS ~aaa .-~y •svaua:~ss.e_.•_ ^•uru:as a. s... .vr_.a.ra_ua..a.r Iif: ~i .uavr~taa~~i_uia.. TOTAL: ^ f f4,b1 g0,N2 NSItl: 1. Wltimura SMpmard, 14 wnoa rafter NOW 0f order and Mal dew kdonrallm A e& Wok Shlpnam: 6-0 woos &W tooolpl of order and PW dew Wannellm Schb&"l ero oubOd w PrW awo. N4 2, FiVooon Facffky: Moulton Tx f. Fraghf Tarmo: TW Frwl, F.0 0. Dogkw Skgw Locafwn, Unto d by ot*s k 1 Price Bask: Finish: Oofvanltod faun"k Sup Lupo PLUS 6*4 Wdow Onda Tr"Mnnt, 16 mlo CorrooMa II AWW sxmmolly o*. r n m Anchor lWo ohippod Aaamfalod Ground Weave: mom 6Id ep_f.wk4 u I AGENDA INFORMATION SHEET +b AGENDA DATEr August 3,1999 Questions concerning this acquisition may be directed DEPARTMENTt Purchasing to Jerry Clark 349.8390 I a~ j ACNI I Kathy DuBose, Fiscal and Municipal Service SUB3ECTt AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDINO A PUBLIC `rVORKS CONTRACT FOR TdE CONSTRUCTION OF WATER DISTRIBUTION LINES; PROVIDINO FOR T11E EXPLNDITURE OF FUNDS 711EREFOR, AND PnOVIDINO AN EFFECTIVE DATE (BID 2385 - BRIDGES/CARPENTER WATERLINES AWARDED TO JAGOE PUBLIC COMPANY IN THE AMOUNT OF $143,215). BACKGROUND: I (See attached Tabulation Sheet) RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Jagoe Public Company, in the amount of S145,21S. ESTIMATED S H .D t .E OF PROD .CTt The Bridges and Carpenter Street projects are estimated to be complete within a total of 33 workdays after receipt of a purchase order or approximately the first week in October 1999. FISCAL INFORMATIONt , These public work projects will be funded from Community Development Block Grant (CDBG) fund accounts (219-0511-CD11S-8502 and 219.0511-CD116.8502). MINFOR6fATIO 4 This bid is for the construction of two waterline projects: s Project one Is to install approximately 1,214-feel of 6-inch waterline, along Bridges Street from Oayla Street north to the dead-end and approximately 616 feet of 8-inch waterline along Spencer Road from Mayhill Road west to Bridges and north on Bridges. a Project two is to install approximately 880-feet of 6-inch waterline, from the Intersection with the Ryan High School entrance, west on McKinney and north on Carpenter Stmt, Respectfully submitted: A t ~1a,` t r Tom Shaw, CP.M.,R9.1100 Purchasing Agent Attachment t:'Fabulation Sheet 1713 AGENDA t t • ci ATTACHMENT i TABULATION SHEET i 4 Bid # 2M Date; 7120199 BRIDGES/CARPENTER WATERLINES NyJ Qom!'-01111 I I W! R VINDOR I~ III F ICI i'i hi to it ` ~ i 31, ' ~'ijl lal I r Ilia lii,il JAGOE PUBLIC OSCAR RENDA i il l PIPE CON, INC. ~I i LII „ ; I'I;I CO#APANY CONTRACTING CARPENTER WATERLINE $64,425.00 $84,634.00 $70,094.00 1 BRIDGES WATERLINE $90,790.00 $106,152.00 $104,889.60 2 BRIDGES WATERLINE $0,760.00 $4,600.00 $2,250.00 3 (ALTERNATE ONE) ' E TOTAL BID AWARD NOT $146,215.00 $187,888.00 $174,763.60 INCLUDING (ALTERNATE ONE) , I TOTAL BID WITH AWARD $161,985.00 $172,161 $177,013.60 INCLUDING (ALTERNATE ONE) 1 1i BOND YES YES YES I 1 Ilk ' j , r I u s ORDINANCE N0, AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A PUBLIC WORKS CONTRACT FOR THE CONSTRUCTION OF WATER DISTRIBUTION LINES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2385 - BRIDGES/CARPENTER WATERLINES AWARDED TO JAGOE PUBLIC COMPANY IN THE AMOUNT OF $145,215), WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance wilt 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 responsible bids for the construction orthe public works or improvements described in the bid Invitation, bid proposals and plans and sl eciications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1, That the following competitive bids for the construction o!'pubile works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and twifications on file in the orrice orthe City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBE CONTRACT AMOUNT 2365 JAGOE PUBLIC COMPANY $145,215 I SE T_C ION Il. 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 Bidden including the timely execution of a written contract and fumishing of performance and payment bonds, and Insurance certificate after notification of the award of the bid. ) SECTION 111. That the City Manager is hereby authorized to execute 0 necessary written contracts for the performance of the construction of the public works or Improvements : z accordance with the bids accepted and approved herein, provided that such contracts are to de in accordance with thr. Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, A' conditions, plans and speciicutions. standards, quantities and specified sums contained therein. I i F l i 0 { I` I i~ I ICI i SECTION IV, That upon acceptance and approval of the above competitive blds and the execution of contracts for the public works and Improvements as authorized herein, the City Coun:il 1 hereby authorizes the expenditure of funds In the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. I, SECTION Y. That this ordinance shall become effective immediately upon its passage and approval. j PASSED AND APPROVED this the day of ,1994 i JACK MILLER, MAYOR ATTEST; I JENNIFER WALTERS. CITY SECRETARY i 1 BY; APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: BID 2)85 -CONTRACTUAL ORDINANCE A i G r k AD" Ne -d3~_ APA AGENDA INFORMATION SHEET qq AGENDA DATE: August 3, 1999 Questions cmtcering this acquisition may be directed Dt,P,%RTb1ENTt Purchasing to Ed Rodney 349.8271 ACM: Kathy DuBose, Fiscal and Municipal Services SUBJECT: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WI111 ARMSTRONG-BERGER, INC. TO PROVIDE PROFESSIONAL SERVICES FOR 171E DESIGN AND CONSTRUCTION DOCUMENTS OF TILE DOWNTOWN IMPROVEMENTS PROJECT AND RELATED SERVICES AS SET FORTH IN TILE CONTRAf.'T; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (PROFESSIONAL SERVICES AGREEMENT (PSA) 2398 - DESIGN AND CONSTRUCTION DOCUMENTS FOR DOWNTOWN IMPROVEMENTS PROJECT AWARDED TO ARMSTRONG-SERGER, I INC. IN THE AMOU`1T OF S72,825). BACKGROUND: During the 199S•99 budget development the Council authorized funds for the Design and Construction Documents Phase of the Downtown Square Streetscape Project. Perks and Recreation staff selected the firm of Armstrong-Berger, Inc, to perform these professional services based upon their experience In performing similar projects with similar scope of services and they are the firm that developed the original concept plan for the project. R . OS1S L aI,QN4 We recommend this cratract be awarded to Armstrong. Berger, Inc. in the amount of $72,825. , F STIMATED S LEDULE OF PROJECT, the design developmen6'sunvy portion is scheduled for completion in We September 1999 with the construction documents scheduled for completion in November 1999, Our intent is to present construction bids for approval in January 2000. FISCAL INFORMA-tIONt Funds for this project are available from the 1999 Oen^ral Obligation Bond account (462031• RECR-9950.9161). PROFFSSIONAL SERVICES AGREEMENT INFOR.4IATIO,N: This Professional Services Agreement is for the Design Development/Survey Phase and ~r Construction Documents Phase of the Downtown Square Streetscape Project. The project MCI% is , A; a from the Square bounded by Elm, Oak, Locust and Hickory, Hickory from the Square to Bell, and Hickory Street half block west of Cedar, to the blocks immediately adjoining the Square bounded by Cedar, Pecan, Austin and Walnut. The project will also examine Locust to McKinney to establish a link to the Civic Center block. Also included is a complete detailed survey of the project area, coordination of construction drawings, and assistance in the bid process. A c. AGENDA INFORMATION SHEET AUGUST 3,1999 PAGE20F2 Respectfully submitted: om \ ~ I . Tom'S ew, C.P.M,, 349.7100 Purchasing Agent Attachment 1: Purchase Order 96575 to Armstrong-Berger, Inc. IMAOMA I t iH i A L i I S . N PURCHASE OFU76R NO: 96575 TWO 18 This I wow must sPPu6 On On CDII F MAR OROER mva;cat d@lNerl 61191, cults, OF MKEm ems., boxes, picking Mills and bills, CIO NOT DU!'LlCATE Re4 ha Bid ft OMtt 07 19 99 Pp1 Na 01 CITY OF OENTON TEXAS f+t1RCHA6ING DmStON 1 001-8 TEXAS STF99 1 OMOK TEXAS 76201-1354 r. 0401349-7100 tVFw 1ETRO 6171267•D042 PAX 9401340-7302 YEFIOOR ARM6TRON0-BERGIRr INC V111t the City of Oentorfl wowlte a] www.tityoldentoneom NAME/ P.O. SO% 191425 DELIVERY CENTRAL RRCBIYIMO 804 ADDRESS PARKS 9 29CRIATION ADINIESS 901-0 TEXAS 8T DALLAS T% 75219-1425 DIXTOMx TEXAS 76201 JOHN H. ARMSTRONG VEMDOR NO. ARM50050 DELIVERY QUOTED 00 03 99 FOI DESTINATION IUVER TJ TERMS I { 001 72028.000 SS VENDOR CAT. 1 I / A MFG MANE 30000 121,925.00 CITY 1 9100 PROFI882ONAL 8ERVIC88 FOR TMI CONSTRUCTION OF DOWNTOWN IMPROVEMENT PROJECT INCLUDING REI%SURBEMIMT ,I I a , P GM TOTAL 1 72x025.00 GR ND'TOTAL 1 12x025.00 I pl 462 031 RICH 9950 9161 72x025.00 i 1tNWR pIStAIICiiONt " 71 1 }NnH • N11 70 s+vm .M..M. w.rt+xl 1. PQ 16i2lm w kF IV A &*w 6111;}} A. In PIMI Nvirmient F.0.6. D1tWIM1 Nusif rw" 1 1 l(P n • ktwnu P*tv L Ns NIN1f it two w" lu to 11 W Ir 111 E AkR IL N Plus IIINt 1A 11 1 Itll z, ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGED. TO EXECUTE A PROFESSIONAL SERVICES AGREEMENT WITH ARMSTRONO•BERGER, INC. TO PROVIDE PROFESSIONAL SERVICES FOR THE DESIGN AND CONSTRUCTION DOCUMENTS OF THE DOWNTOWN IMPROVEMENTS PROJECT AND RELATED SERVICES AS SET FORTH IN THE CONTRACT; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (PROFESSIONAL SERVICES AGREEMENT (PSA) 2398 - DESIGN AND CONSTRUCTION DOCUMENTS FOR DOWNTOWN IMPROVEMENTS PROJECT AWARDED TO ARMSTRONG•BEROER, INC, IN THE AMOUNT OF $92,825), THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager Is bereby authorized to enter Into a professional service contract with Armstrong-Berger, Inc, for the Design and Construction Documeos for Downtown Improvements Project, a copy of which Is attached hereto and incorporated by reference herein. SECTION 11. That the City Manager is authorized to expend funds as required by the attached contract. SECTION 111. That this ordinance shall become effective ImmeAsately upon its passage and approval PASSED AND APPROVED this the day of ,1999 I I JACK MILLER, MAYOR r ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY { BY; PSA 2291 - CONTRACTUAL FOR PROFESSIONAL SERVICES. ORDINANCE `I f i PROFESSIONAL SERVICES AGREEMENT FOR DOWNTOWN IMPROVEMENTS PROJECT STATE OF TEXAS 4 COUNTY OF DENTON 4 TIM AGREEMENT is made and entered into as of the day of 19 , by and between the City of Denton, Texas, a Texas municipal corporation, with its principal office at 213 East McKinney Street, Denton, Denton County, Texas 76201, hereinafter called "OWNER" and Armstrong-Berge , Inc., with its corporate office at 2611 State Street, DOW, Texas 75204, hereinafter called "CONSULTANT," acting herein, by and through their duly authorized representatives. WITNFSSETH, that in consideration of the covenants and agreements herein contained, the panne, hereto do mutually agree as follows: EMPLOYMENT OAF CONSULTANT The OWNED hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby r grees to perform th) services herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the hlghest professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described project: The Project shall include, without limitation, landscape architectural services related to the Downtown Improvements Project, as described morespecifually in EthiblIA. j 1 SCOPEOF S;CERVICES a The CONSULTANT sh4 perkin the.- following services in a professional rnanner: A. The CONSULTANT shall perform all those services as necessary and as described in the OWNER's Request for Proposal, which is attached hereto and made a part hereof as Exhibit "A" as if written word for word bereln. B. To perform all those services set forth ;n CONSULTANT's Proposal dated July 13, , , 1999, which proposal is attached hereto and made a part hereof as Exhibit "B" as if written word for word herein. ca i C. If there is any conflict between the terms of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agreement will control over the terms uid conditions of the attached exhibits or task orders. A~B~'T~iLl'i.ul ADDITIONAL SERVICES Additional services to be performed by the CONSULTANT, if authorized by the OWNER, which am not included in the above-described Basic Services, are described as follows: A. During the course of the Project, as requested by OWNER, the CONSULTANT will be available to accompany OWNER's personnel when meeting with the Texas Natural Resource Conservation Commission, U.S. Environmental Protection Agency, or other regulatory agencies. The CONSULTANT will assist OWNER's personnel on an es- needed basis in preparing compliance schedules, progress reports, and providing general technical support for the OWNER's compliance efforts. B. Assisting OWNER or contractor in the defense or prosecution of litigation In connection { with or in addition to those services contemplated by this Agreement. Such services, If any, shall be furnished by CONSULTANT on a fee basis negotiated by the respective parties outside of and in addition to this Agreement. C. Sampling, testing, or analysis beyond that specifically Included in Basic Services. D. Preparing copies of a,mputer aided drafting (CAD) electronic dbta bases, drawings, or files for the OWNER's use in a futur. •'AD system. E. Preparing applications and supporting documents for government grants, loans, or planning advances and providing data for detailed applications, F. Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties or condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the OWNER. O, Providing geotechnical investigathms for the site, including soil borings, related analyses, and recommendations. r ARTICLEIV 4 PERIOD OFSERVICE This Agreement shall become effective upon execution of this Agreement by the OWNER and the CONSULTANT and upon Issue of a notice to proceed by the OWNER, MO shall remain In force for the period which may reasonably be required for the completion of the Project, Including Additional Services, if say, and any required extensions approved by the Page 2 V OWNER. This Agreement may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts to complete the services set forth. herein as expeditiously as possible and to meet the schedule established by the OWNER, acting through its City Manager or Ids designee. ARTICLE Y COMPENSATION A. COMPENSATION TERMS: 1. "Subcontract Expense" is defined as expenses incurred by the CONSULTANT In employment of others In outside farms for services In the nature of general engineering and surveying. 2. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by the CONSULTANT for supplies, transportation and equipment, travel, communications, subsistence, and lodging away from home, and similar incidental expenses in connection with that assignment. B. BILLiNO AND PAYMENT: For and in consideration of the professional services to be performed by the CONSULTANT herein, the OWNER agrees to pay, based on the cost estimate detail at an hourly rate shown in Exhibit "B" which is attached hereto and made a part of this Agreement as if written word for word herein, a total fee, including reimbursement for direct non-labor expenses not to exceed $72,825. Partial payments to the CONSULTANT will be made on the basis of detailed monthly statements tendered to and approved by the OWNER through its City Manager or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement is tendered. The 'mWNER may withhold the final five percent (S%) of the contract amount until completion of the Project. Nothing contained in this Article shall require the OWNER to pay for any work which Is unsatisfactory, as reasonably determined by the City Manager or his designee, or which is not submitted in compliance with the terms of this Agreement. The OWNER shall not be required to make any paym-nts to the CONSULTANT when the CONSULTANT Is In default under this Agreement. It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agreement which would require additional A payments by the OWNER for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization from the OWNER. The CONSULTANT shall not proceed to perform the services listed in Article III "Additional Services," without obtaining prior written authorization from the OWNER. Page 3 c' i C. ADDITIONAL SERVICES: For additional services authorized in w0ting by the OWNER in Article III, the CONSULTANT shall be paid based c. the Schedule of Charges at an hourly rate shown in Exhibit "B." Payments for additional services shall be due and payable upon submission by the CONSULTANT, and shall be in accordance with subsection B hereof. Statements shall not be submitted more frequently than monthly, D. PAYMENT: If the OWNER fails to make payments due the CONSULTANT for services and expenses within sixty (60) days after receipt of the CONSULTANT's undisputed statement thereof, the amounts due the CONSULTANT will be increased by the rate of one percent (1%) per month from the said sixtieth (0) day, and, In addition, the CONSULTANT may, after giving seven (7) days' written notice to the OWNER, suspend services under this Agreement until the CONSULTANT has been paid in full all amounts due for services, expenses, and charges, provided, however, nothing herein shall require the OWNER to pay the late charge of one percent (1%) set forth herein if the OWNER reasonably determines that the work Is unsatisfactory, In accordance with this Article V, "Compensation." ARTICLE VI OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discr,vering and promptly reporting to the OWNER any defects or deficiencies in the work of the CONSULTANT or %ny subcontractors or subconsultants. j ARTICLE V11 OWNERSHIP OF DOCUMENTS All documents prepared or furnished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the OWNER upon the termination of this Agreement. The CONSULTANT is entitled to retain copies of all such documents. The documents prepared and furnished by the CONSULTANT are Intended only to be applicable to this Project, and OWNER's use of these documents in other projects shall be at OWNER's sole risk and expense. In the event the OWNER uses any of the information or materials developed pursuant to this Agreement in another project or for other purposes than specified herein, CONSULTANT is released from any and all liability relating to their use in that project, ARTICLE Vill i, INDEPENDENT CONTRACTOR CONSULTANT shall provide services to OWNER as an Independ+nt contractor, not aP, an employee of the OWNER. CONSULTANT shall not have or claim any right arising from employee status. Page 4 U t M ARTICLE IN INDEMNITY AGREEMENT The CONSULTANT shah indemnify and save and hold hatmless the OWNER and its officers, agents, and employees from an3 against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees Incurred by the OWNER, and Including, without limitation, damages for bodily and personal injury, death and property damage, resulting from the negligent acts or omissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or pe-fonnance of this Agreement. Nothing in this Agreement shall be construed to create a liability to any person who is not a party to this Agreement, and nothing herein shall waive any of the parties' defenses, both at law or equity, to any claim, cause of action, or litigation filed by anyone not a party to this Agreement, including the defense of governmental Immunity, which defemes are hereby expressly reserved. ARTICLE X INSURANCE I During the performance of the services under this Agreement. CONSULTANT shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Rest Rate Carriers of at least an A. or above, A. Comprehensiva Ueneral Liability Insurance with bodily injury limits of not less than , $500,000 for each occurrence and not less than $300,000 in the aggregate, and with property damage limits of not less thae $100,000 for each occurrence and not less than $100,000 in the aggregate. B. Automobile Liability Insurance with bodily injury limits of not less than $500,000 for each person and not less than $500,000 for each accident, and with property damage it limits of not less than $100,000 for each accident. C. Worker's Compensation Insurance in accordance with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability insurance with limits of not less than $1,000,000 innual aggregate. E. The CONSULTANT shall furnish insurance certificates or Insurance policies at the A OWNER's request to evidence such coverages. The insurance policies shall name the OWNER as an additional insured on all such policies, and shall contain a provision that such Insurance shall not be canceled or modified without thirty (30) days' prior written notice to OWNER and CONSULTANT, in such event, the CONSULTANT shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage, Page 5 1 t1 1 ii i w I L E TE ARBITRATION ANDARNADISPUTE RESOLUTION I The panics may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or alternate dispute resolution arising out of or relating to this Agreement, Involving one party's disagreement, may Include the other party to the disagreement without the other's approval. ARTICLE XII TERMINATION OF AGREEMENT A. Notwithstanding any other provision of this Agreement, either party may terminate by giving thirty (30) days' advance written notice to the other party. B. This Agreement may be terminated in whole or in pan in the event of either party substantially failing to fulfill its obligations under this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified mail, return receipt requested) of Intent to terminate and setting forth the masons specifying the coon-performance, and not less than thirty (30) calendar days to cure the failure; and (2) an opportunity for consultation with the terminating pasty prior to termination. C. If the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall render it final bill for services to the OWNER within thirty (30) days after the date of termination. The OWNER shall pay CONSULTANT for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination Incurred prior to the dale of termination. In accordance with Article V "Compensation" Should thi: OWNER subsequently contract with a new consultant for the continuation of services on the Project, CONSULTANT shall cooperate In providing information. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the OWNER on or before the date of termination, but may maintain coplis of such documents for its use, ARTICLE XIII RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the OWNER shall not constitute, not be deemed a release of the responsibility and liability of the CONSULTANT. Its employees, associates, agents, subcontractors, and subconsuliants for the accuracy and competency of their designs or other work; nor shall such approval be deemed to be an assumption of such responsibility by the OWNER for any defect In the design or other work prepared by the CONSULTANT, its employees, subcontractors, agents, and consultants. Page 6 r, t. i i a ARTICLE XIV NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail to the address shown below, certified mail, return receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days' mailing: To CONSULTANT: To OWNER: John Armstrong City of Denton Armstrong-Berger, Inc. Ed Rodney, Parks and Recreation Director P.O. Box 191425 321 East McKinney Dallas, Texas 75219-01425 Denton, Texas 76201 All notices shall be deemed effective upon receipt by the party to whom such notice is given, or within three (3) days' mailing, ARTICLE XV ENTIR'E' AGREEMENT This Agreement, consisting of pages and '1~27-_ exhibits, constitutt! the complete and final expression of the agreement of the panics, and is intended as a complete arw exclusive statement of the terms of their agreements, and supersedes all prior comemporaneou. offers, prornises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof, ARTICLE XVI SEVERABILITY If any provision of this Agreement Is found or deemed by a court of competent jurisdiction to be, invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the panics shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE XVII COMPLIANCE WITH LAWS e ` The CONSULTANT shall comply with all federal, state, and local laws, rulcs, Of' \ regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE XVIII DISCRIMINATION PROHIBITED Page 7 I o a y In performing the services required hereunder, the CONSULTANT shall not discri,ninate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE XIX PERSONNEL A. The CONSULTANT represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Agreement. Such personnel sha!I not be employees or officers of, or have any contractual relations with the OWNER. CONSULTANT shall Inform the OWNER of any conflict of interest or potential conflict of Interest that may arise during the term of this Agoement. B. All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engrged in work shall be qualified, and shall be authorized and permitted under state and local laws to perform such services, ARTICLE XX ASSIGNABILITY The CONSULTANT shall not assign any interest in this Agreement, and shall not transfer any Interest In this Agreement (whether by assignment, novation, or otherwise) without the prior written consent of the OWNER. ARTICLE XXI , MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the pasty to be charged therewith, and no evidence of any waiver or modification shall be offered or received In evidence in any proceeding arising between the patties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, and unless sinh waiver or modification Is lit writing and duly executed; and the parties further agree that the provislons of this section will not be waived unless as set forth herein. ARTICLE XXII MISCELLANEOUS A. The following exhibits are attached to and made a part of this Agreement (list exhibits) 1,, \ r B. CONSULTANT agrees that OWNER shall, until the expiration of three (3) years after the final payment under this Agreement, have access to and the right to examine any r directly pertinent books, documents, papers, and records of the CONSULTANT Involving transactions relating to this Agreement, CONSULTANT agrees that OWNER sha!I have access during normal working hours to all necessary CONSULTANT facilities Page 8 t; t ~I and shall be provided adequate and sppropriate working space in order to conduct audits in compliance with this uxtion. OWNER shall give CONSULTANT reasonable advance notice of intended audits. C. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. D. For the purpose of thi reem nt, the key persons who will perform most of the work hereunder shall be a .r However, nothing herein shall limit CONSULTANT from using other alified and competent members of Its firm to perform the services required here in. E. CONSULTANT shall commence, carry on, and complete any and all projects with all applicable dispatch, in a sound, economical, and efficient manner and In accordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is property coordinated with related work being carried on by the OWNER, F. The OWNER shall assist the CONSULTANT by ptaring at the CONSULTANT's dispoml all available information pertinent to the Project, including previous reports, any other data relative to the Projo-t, and arranging for the access thereto, and make all provisions for the CONSULTANT to enter in or upon public and private property as required for the CONSULTANT to perform services under this Agreement. 0. The captions of this Agreement are for informational purposes only, and shall not in any , way affect the substantive terms or conditions of this Agreement. IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager, and CONSULTANT has executed this Agreement through its duly authorized undersigned officer on this the day of 19_ ~ CITY OF DENTON, TEXAS III V - ` MICHAEL W. JEZ CITY MANAGER A.' ATTEST, JENNIFER WALTERS, CITY SECRETARY r, Page 9 u I i AY: _ r APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CRY ATTORNEY B ~ doh Armstrong, ASLA Armst ng-Berger, Inc. CONSULTANT Arv!troaii-~@grgar Inc. LandSCapa-AreeitEcta'Planners 2671 State Street ~Dallas, Texas 75200 WITNESS: BY: _ha i I Michael Yard Office Manager " Armstrong-Berger, Inc. Y Page 10 c t, i I I i CITY OF "TEXAS MRKS i NORRRrroal OflMprsHNf V1 f. tlsKMAN#Y - pfa M. rfxaf 7aae1 (MOJ sesWnttic 14Ur (Mel s~! e!M June 14,1994 John Armstrong Armstrong-Berger, Inc. P.O. Box 19142S Dallas, Texas 75219.1425 SUBJECT: Denton Downtown Improvements Project Dew John: As previously ducusse4 the City of Denton would be pleased to receive • proposal for professional service from you, addressing the subject project. Specifically, we are asking you to perform IwAscape architectural services in deign development and construction document phases to Include the following elements: 1. Strectseve improvements that are consistent with the concept plea originally developed by your firm In 1999, and modified by the Public Improvements Committee In June 1998; 2. A project planning that Include the street right-of way Immediately adjacot to the Denton County Courthouse Square; t;te street area one block to the not tN south, ead artd wed of the Square; the H'ckory Street right-of-way from Bell to Carroll; and Civic Center Park; 3. Any general engimxring and survey wok required for the project; 4. Three (1) public meeting and other meetings with City daft, as required; 5. Periodic site visits during construction to ensure compliance with your pleas and specifications. Yew an so arked is Mer11e consrrwedow < adA Rlrrrsdox Hook forward to receiving your proposal. Sincerely, ,I C C r ~ ~ r r,r, Ed Hodney, Directoli7irks amd Recreation i R 13 July 1999 =Bff Mr. Ed Hodney Director, City of Denton Parks 6 Recreation 321 E. McKinney Denton, TX 76201 Re: Downtown Square Dear Mr, Hodney, Armslrong•Berger, Inc. (ABI) is pleased to submit herewith our proposal to provide landscape architectural servk*s for the referenced project in Denton, Texas. To complete the scope of services, ABI will engage Gonzalez- Schneeburg Engineers & Surveyors, Inc (GSES) as a subconsullant to prepare general engineering and surveying components. The scope of services will Include the following: A. DESIGN DEVELOPMENT 1. Develop enhanced program for project development based on Public Improvements Committee meeting June 1, 1999 comments. 2. Develop a revised design development plan based on existing base Information with expansion of the project area from the Downtown Square bounded by Elm, Oak, Locust, and Hickory; Hickory from Square to Bell and Hickory Street % block west of Cedar to the blocks Immedlately adjoining the Square bounded by Cedar, Pecan, Austin, and Walnut. The revised project area will also examine Locust to McKinney to establish a link to the Civic Center block. 3. The plan development will Include overall stre..ecape patterns of both hardscape and softscape, detailed patterns arts' materials recommendations, detailed special features,.icluding site furnishings, grading and drainage Issues, light fixture locations; detailed tree and plant layouts and general identifications. 4. Prepare a complete survey of project area including kxatlon of all buildings, streets, visible utilities, walks, walls, signs, signals, Inlets, Inverts at accessible Inlets, and misceilaneous Improvements pertinent to project development, Including a typographic map at one foot Intervals .ind spot r' s grades at building floors, sidewalks, toplbottom of steps, curbs, walls, and unique features. Location and size of existing utilities will be shown based on records on file at City or respective Utility. All work will be tied to existing City of Denton control points and datum. APOASTAONG , BEmaeq INC. LANDSCAPE AACHITECTS " PLANNERS 75?'01 f W, H~,, g ASS CALLAS TEXAS7S2131d 5 21 A 0710199! US$4®TA+P S`f:E[T OA,. LAS TEXAS c 5. Participate in required meetings with City of Denton Parks & Recreation, Public Works, and Planning as well as one public meeting to present the revised design development plans and project area. 6. Develop a preliminary statement of probable construction costs for proposed project. Coordinate with City to develop required phasing program of constWlon. B, CONSTRUCTION DOCUMENTS 1. Prepare plan and profile of Improvements to streets based of i survey and approved design development plans. 2. Prepare details of sidewalk curbfwall replacements including banter free access at all Intersections. 3. Prepare appropriate grading and drainage details for required street changes. 4. Prepare all details for site accessories including benches, trash cans, lighting and other design features Included in the program. 6. Prepare traffic control plan for first phase construction. 6. Prepare erosion control plan as required. 7. Coordinate design and approval of plans with City of Denton. 1 . I 8. Participate In all required meetings during the plan development to Insure compliance with city goals. 9. Participate In up to two public meetings for presentation of the construction documents and final plans. We propose to provide the herein defined professional services for a lump sum fee of $87,976.00 allocated as follows: Phase One: Design DsvelopmenllSurvey $28,100,00 Phase Two: Construction Documents $39,875.00 Total Bass Fee $87,975.00 p C In addition to the bsae fee, nelmbursabie expenses for printing, postage, handling, supplies, mileage, special consultants, communications, soil surveys, and site photographb records will be Included at cost plus 15%. State tax and city review fees will be Invoiced without markup. Estimated reimbursable costs are $4,850.00. Compensation for autiwrized additional services will be on a hourly basis of $95.001HR for principal time and $76.00/HR for project architect time. ABI specifically excludis the following work from this proposal: 1. More precise Inlormation on utilities requiring exposure of utility 2. Storm drainage design 3. Stnictural design of signal bases 4 Traffic studies 6. Preparation of easements 6, Ei m trical design of lighting 7. Construction administration Including bid phase 8. Inspectians of work required by City of Denton The City of Denlor, will provide all aerial photography required, existing survey i Information Including bass datum, utit*s, traffic studies, boring reports and underground structures affecting project development. The return of an exerxuted copy of this agreement will serve as your acceptance and our authorization to commence work. ABI understands the City of Denton uses a professional services agreement which this proposal becomes apart. Armstrong•Berger, inc. appreciates the opportunity to submit this proposal. Very truly yours, Accepted Armstrong•9erger, Inc. Dated John Armstrong, ASLA A* : r r i f t , c t, aOMN No. ' AW6 i AGENDA INFORMATION SHEET flan AGENDA DATEi August 3,1999 Questions concerning this acquisition maybe directed DEPARTMENTS Purchasing to Eva Poole 349.7735 ACM: Kathy DuBose, Fiscal and Municipal Services SIiBJECf t AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF SOFTWARE, HARDWARE AND INSTALLATION SERVICE FOR INTERNET ACCESS AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 96512 TO A IERITECH LIBRARY SERVICES IN THE AMOUNT OF 544,269). BACKGROUND: Purchase Order 96572 Is for the acquisition of the NetConnect System, NetConnect Is an integrated software and hardware package designed specifically for libraries by Ameritech Library Services for their DYNIX automated systems. NetConnect will alloy- our library to enhance Internet access in a way that is sensible, Integrated, and secure. With NetConnect, global network access for our library can bt easily and efficiently maraged from a single platform. NetConnect will enable our library to offer services such as WWW serving, teat and graphical e- mail, and Web access to bibliographic information. RECO;t MENDATION: We recommend Purc)wse Order 96372 for the NetConnect System from Ameritech Library Services be approved in the amount of 544,269. ESS,TINIAT .D a H£DL1L.E OF' PROJECT! A full demonstra9on installation is scheduled for August 3, 1999. If Council approves the tKpcnditurc it will simply remain in place, Afler staff is fully trained in the system it will be released to the public. PRIORACTIONIR£VIEW fCounell. Boards. Cammisslonal: Council approved the original contract agreement with Ameritech Library Services in September of 1994. NetConnect is an additional service of Ameritech Library Services system and will comply with the same terms and conditions, FISCAL LN'FOMJIATION: This Internet access upgrade is funded frotu a Telecommunicutions Infrastructure Fund Board 4s (TIFB) grant awarded to the Denton I%blic Library account (270.003•TIFB-0001.9107). i j i i i I i AGENDA INFORMATION SHEET M AUGUST 3,1999 PAGE 2 OF 2 i PURCHASE ORDER INFORMATION: This purchase order is for the acquisition of softwm t, hardware, and training to Improve the public access to the Internet at the Denton Public Library. The system is fended from a TIFB grant and should be available o the public in 60 to 90 days. Ameritech Library Services Is the only source for this software that Is compatible with our existing DYNIX library automation. Sole source acquisitions are exempt from the bid process. Respectfully submitted; Tom Shaw, C,P.M,, 349.7100 r Purchasing Agent Atacht rant 1: Purchase Order 96372 to Ameritech Library Services Attach, nent 2; Quotation from Ameritech Library Services 1141 At ENI A , i 4 i r U c, w 1HI8 IS A xxx pURCMSE OROER N0: 96872 CONFIRMM10 OROEII Th:a rumba mwi epPea on eil OF MARN0 bnoim, delivery sloe, twee. 00 NW OUM.ICATE tins, boxes, Pecking el:P1 And 161111- A44 No. Old Not Det« 07 16 99 Feed No 01 CITY OF DENTON TEXAS PURCM SM WSION 1 901-0 TERM SW I DENToN, nul" 79201-4394 9401345-7100 DlFW 1+19180 0171297-0042 FAX 0401349-7302 ENOOR AMIRITICH LIBRARY BRRVIC28 1404 da city of Outtoes WeMRe et wvrw.ehyofdwoncorn AMEI 400 DINIX DR1YH OEIIVERY CONFIRNATION ONLY C03 A DORESB P.O. BOX 19010 OOREES LIBRARY PROVO OT 84608 602 OAKLAND OINTOMx TX 79201 JSM91FIR LUND SXT 8826 VENDOR NO. ANS75000 DELIVERY O110TED 08 20 99 FOB DISTINATIOM BUYER is 1ERM8 001 44063.000 11 VENDOR CAT. E K / A MFG MANS 10000 44,063.00 f'ITY i 9100 NITCOMMICT SYBTIM SOFTMARIx HARVARS AND INSTALLATION r 002 206.000 VINDOR CAT. I M / A MFG VANS 16000 206.00 CITY 0 9100 SHIPPING 1 P 08 TOTAL 1 44x299.00 0R ND 'TOTAL 1 440969600 tl 01 270 003 lips 0001 9107 44069,00 y[N401! "Tl111t 1. Tan" • 141 0 I ~g .:ty~IM MmucNellt F,aI onanerlen Mfg tY,..x ,.«.tt, r«~.U - wlll MNIIiMd .yx~ 4 ^k N 41e NHI Ys 1►slf N GtcIAN e . i. Ne lsla a t {i to e t L 1N iM pkN IiIN1 c~ c~ ATTACHMENT 2 Dmin Ubraly Ow Dyck Syww - QMw OM - lahrm@ Md TW 4 a Irywwy ulilrY~ brwr N 1M S~n.~ya.nrl.wl.: 11,110 Ody(CPUftv"byIA4) I Llbxry WO Pkm =do I OOMw /wlM irtdb dOlY "ft !10.000 ft,* Sdhww Sc M1 Swvbr 11MM! IrrYIYM On~Mw 51,000 OYOW Plow cm ""a Mww1nr11~Yla0wviow SIAM -100 'Mid" dnler 1~.0l0 lidON lbf*l f1f llS T" IIIrMi /NAM , E cw"~ WIMP hblp, I)vwp wwb Q.6IIMhp1 1 C c cI Unit TOW Awr1 OL $I1 No Wilt SOYMARE S~66JQ'r~'e88 I DC UWAC 10,000 10,000 1,200 dre • Dpix Palk AOOOM (Nd vasm) • Dyv" IAIk AMN hr WW6wr • On DWMC AOanl ~ O Oprw MINT) MoM. 2110hMIN AwAvw8*gA rvlNswam" tn*m tXa1O M 1 U-4vo Xmt 11 pft 0100-011 6,000 6,000 !00 (Ar*UMTAA IW001 M 11l,000IOIWw) S4l'L . & • im am 3144 IQYICa N1711MkWAUAMNSQ►7= l6MIMIk l k&* cadpw w W Orly bosom 6,00 1 Dywa271.10lunyliop 1,000 LOW In MURMELAILIM 1 DynkUWFASTIvWq (n.*@) 1,790 3,750 0 marl ,Mfrv0bs+r»tz%Wy It b* "k lip io ra pmk Ted firI ' Mole" DYWX MOO AUM 6r • Dytlrt WWAC JIMorAL.l~~a11 LM in V' RAWWAU QmM 12000 - Iru ~ 3/361! r . r~ CROW M opt" Orr NA~tAhp 1 i~ I r Usk Tdid An" QtL fuaamob" Edna No MWIL f,N S 1,001 1 tr*m l0 vosm 333 &k 240 zmiw, 1406 dW4 U45 33X CD41pM, 33640 DRAK 10/10OLUI -T mmov, Pam pqwsl~ 4 PC 1 UPS DRAM zxmmwn"a s 12"m D" 1113 >f!! 1 17"PuA316/Idowrr,MR 410 410 1 Unk 1rO3ACCKk 0 0 1 1o03bii ft*Vlb VMWIM ICI AAWW 11113 11113 1 bodwo LYlprdkdl3-Mas4=M3mc 1,433 IA3f 1 6lpbp0Ws.11sm*Ki3orl kkVOW rat 41 /f 1 %bob 7 w" 11+ MrW (WIYi) 100 100 1 N" 13.3W*roverrdddMWdMIdww 34" 3,4113 03 1 Id Yr KIN 8dwn MMW UPW • NMs J-2 U2 133 1 lotYrIRMNwmMrb1UOO•UWn10.hid 103 Al 1 HdC4WdMLb" 4000 4010 1106 ZiaMIAL_1bd= 1L]Jl Lilt 6YE8111latAL 44100 41011 IYp11f0 306 I CRAN31'1'OYAL µ MK i 1 xs ~ 6r.fa~lAr OwAAwUYy Fri Is wr ww ■h p•w~ im Iw 1 f L caked w Nato to Adail6cL IA" Smka Coa fturrtbn I. him &W P,od+e ' m wbjw to dmp witba6 roux 716pdmHwdmvwwwd AlMd1.1fDD 1 7116 w6Ope61ia Is hr bat~daey ady awl b bbd as ar hidal 666wWd66 wdb tb6 libnq• r 6 AatrN6d Lirwy Savha nww tb6 4w M*ft *A MgPM" MW Faoa www 6ticr erg agdw aodi6evdaa td W6 teTtM Ireenr• i. 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It is mmw tbrt d "As Will M 1666166t11y. PAM* 6p16a priMlnS 6epdUi tia win trtpdt6 batdw6r6 ad 6e0 rrn 11.Ordb tabieS badr166 ne 60616 6166dd61 wM! alit Ttr N Ibr amdual p"k 614 be ptrdr66d d tL aew6d a16 ti6 t6dbed 4 m"is br 14. Amwkmb Limy Sw*m X&M bt rwpra6I ' ht ay dopoft a lit' pabeaaa m web wbbd Ml 6eeadebp wid 0. The bah DyWx 6yr6w betrdt6 dW I, lbwlr6 Woo 0: • Fab" N a • Tb111 Sahli 116ywwd • Sttbj601 Atrbedq • FMta Saari • Awbor AwW* • SWA Adkwky •hmllo" •LCCN •MUAWYIWN I II M • Can Nwdr Ich (a) . Job*A61q a<gwd ( A r-\ . ey.w~ !at»6 p„on tirr6i tiivy Aodo" awWVr.r..wr cart iob y.pt ~y.*, i c a • ffadf41" wwu a dries plum mm lvw mW npuM~Yliw. lc 7b1~ury hnr uaM3ird drr ~diM mrrr~Y KV airyu dr (fpm rd*=ofw"&*wt lourdMreWdtiuppYw,matm~w~ rd Dd %A rm Am iumr M N lahrni MuM ArIW adrr flumes it Mm 6m vA mwmim dr Ifl""W film M w pm" hrdr i$W act cf such MMIM. 1 1 t .i OPOW m vier o.rr wr Wry P0, is *moo 1030 NP I i c A t; l ORDINANCE NO. AN ORDINANCE APPROVING THE EXPENDITURE OF FUNDS FOR THE PURCHASE OF SOFTWARE, HARDWARE AND INSTALLATION SERVICE FOR INTERNET ACCESS AVAILABLE FROM ONLY ONE SOURCE M ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 96572 TO AMERITECH LIBRARY SERVICES IN THE AMOUNT OF S44,269). WHEREAS, Section 252.022 of the Local Government Code provides that procurement of t 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: ST,CTIQNj, That the following purchases of materials, equipment or supplies, as described in the "Purchase Orders"referenced herein and on rile In the office of the Purchasing Agent, are hereby approved: PURCHASE ORDER VENDO AMOUNT 96572 AMERITCCH LIBRARY SERVICES $44,269 SECTION I1, 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 III. That the City Manager is hereby authorized to execute any contracts relating , to the items specified in Section 1 and the expenditure of funds pursuant to said contracts is hereby r A, , authorized. / ! ' r IF R SECTION IV. That this ordinance shall become effective Immediately upon its passage and approval PASSED AND APPROVED this the _ day of ,1999. I JACK MILLER, MAYOR 1 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PC W3 SOLE SOURCE ORDNANCE b f {1 1 F ~ 1 h -a,10 Apfifttl+t Ilan l AGENDA INFORMATION SHEET ply AGENDA DATE: August 3, 1999 Questions concerning this acquisition may be directed DEPARTMENT: Purchasing to Alex Pctti1349.8595 ACM; Kathy DuBose, Fiscal and Municipal Service SUBJECT: AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES NECESSARY FOR THE INSTALLATION OF A PI.ANNING DEPARTMENT PROJECT MAINTENANCE SOFTWARE AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICE: COMMISSION QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 96583 TO H,T.E., INC. IN THE AMOUNT OF S319,81S). BACKGROUND, The Planning Department is currently stirmpting io track building inspections, permits, code enforcement, consumer health, and zoning projects with an antiquated asxortment of paper files and generic PC-based computer software. After reviewing approximately twelve software offerings they chose software developed by H.T.E., Inc. hased upon compatibility with our GIS, f Tax and other major software systems currently in use by the City of Denton. RECOMMENDATION; We recommend Purchase Order 96583 to H.T.E., Inc, and the related contract be approved in the amount of 5319,815. ESTIMATED SCHEDULE OF PROJECT, Full implementation and staff training is estimated to be complete by Mid-February 2000. FISCAL INFORM T19jN, 1 The acquisition of this software will be funded from the Long Range Technology Plan Bond fond account (771-044-COMP-9947-9107), 4 PURCIASE ORDER INFOJI CATION, Purchase Order 96383 to H.T.E., Inc. is for equipment, software, installation services, and staff training associated with implementation of a sofhvam system designed for project management of planning, code enforcement, building inspection, permitting, and consumer health ectivitirs. This software will allow the Planning Department to have real time access to status of ongoing A projects and a link to the GIS data and to property tax information. H.T.E., Inc. is a State of Texas Qualified Information Service Vendor (QISV). The software j II system and price agreement is taken fi-om the H.T,E., inc. QISV catalogue. Y i I t' r AGENDA INFORMATION SHEET AUGUST 3, 1999 PAGE2OF2 Respectfully submitted: i Tom Shaw, C.P.M., 349-7100 Purchasing Agent Attachment 1: Purchase Order 96593 to ILT.E„ Inc. Attachment 2, QSSV Certification 1774 AGENDA ` 4 1 A, r I 1 1t, THIS 15 A PURCHASE ORDER N0: 96583 COPlIRMING ORDER This number must appear on all (IF MARKI iovoces. delivery slips, cases. ctns, boxes, pa king slips and bins. 00 NOT DUPLICATE y Rea No. Bid Na Oas« 7-23-99 Pay Na 01 CITY OF DENTON TEXAS PURCHASING DIVISION 1 901-8 TEXAS STREET I DENTON. TEXAS 78201-4354 9401349-1100 D1FW NETRn 8171287-0042 FAX 9401349-7302 ENDOR H.T.E., INC. INFO MATION SERVICES ~ AME! DELIVERY 1000 BUSINESS CENTER DRIVE ADDRESS SS 901 8 TEXAS ST. Dk'TSS LADE MARY, FLOPIDA 32746 DENTON, TX 76201 VENDOR NO. HTE49000 DELIVERY QUOTED 8-3-99 FD8 DESTINATION BMR TS TERMS DO 319815 $S VENDOR CAT. N N/A MFG NAME 1.00 319,815.00 CITY M 9100 Planning Department Tracking S-oftware including installation, training and equipnent. PAGE .O:AL 319,815.00 GRAND TOT Ai 319,815.00 I C 01 771 044 COMP 9847 9107 319,815.00 VENDOR INSTRpCT10N l: j 3. Terms • Nrt 20 a^i•ii ,M,-u y„-r,x.l L Send ariginaa In"ice wit **,urta copy. 4, Shipping imlrvellsrts: F01 Destinaban predai/ aM,,,, xwo,„ o6oxei 1. Bill u - Aecovntt Paysbla 5 No federal v state sales tae IIWI be included ifs E e iforie St M wicas tilled Mcinq Division Ow4% rR 71201-4301 ' I 1 ATTACHMENT 2 i 1550 Faake Dri". SWIC112, Hougm ?X ??M • (282) d4&" Appliation Solutkm for Govemnum MY 23.1999 i Now Hateauo 1 Tom Sbttw City of Denton 221 N. Elm Shot Denim, Taxes 76201 Door Ma. Bateman A Mr. Sbaw. Thia Iatter it to aotity the city of Dwin d at HTE, Inc. is on em roes Stabs Conbut Far vwificWan purposes, pleese visit the Togo (imam Savim CommiWoo Web site at www.Stc pt kbLw, HTR'a Venda m emmba is 139213385@W. i If I can be of further ukdoece to M plow oootaa me at (312) 347.9630. Sb"vly, A I fmmAf Ban Rosenberg Hm tw. 4 !i I C, ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, SUPPLIES OR SERVICES NECESSARY FOR THE INSTALLATION OF A PLANNING DEPARTMENT PROJECT MAINTENANCE SOFTWARE AS AWARDED BY THE STATE OF TEXAS GENERAL SERVICES COMMISSION QUALIFIED INFORMATION SERVICES VENDOR (QISV) CATALOGUE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (PURCHASE ORDER 96583 TO H.T.E., INC. IN THE AMOUNT OF S319,815). N4IIEREAS, 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 acs ordance with the prccedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has tMewed and recommended 'hat the herein described materials, equipment, supplies or services can be purchased by the City -'rough 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, T HE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L That the numbered items in the following numbered purchase order for materials, equipment, supplies, or s-Tviccs, shown in the "Purchase Orders" referenced herein, are hereby accepted and approved as being the lowest responsible bids for such items: PURCHASE ORDER VENDOR AMOUNT M 96583 111.E., INC.. $319,815 SECTIO;V W. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of Cie persons submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, rsupplies or servicrc in accordance, with the terms, conditions, specifications, standards, quantities f A* and for the specified sums contained in the bid documents and related documents filed with the r 1) ` General Services Commission, and the purchase orders issued by the City. i l i h f J1 I M i t i SECTION Ill. That should Ow City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the j City's ratification of bids awarded by the General Services Commission, the City Manager or his designated representative is hereby authorized to exavte the written contract which shall be attached hereto; provided that the written contract Is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. S ECTION iV. 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 funds 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 , 1999. JACK MILLER, MAYOR ATTEST , JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY i BY: 9(,38)-PO STATE ORDINANCE / i I I r I duu-cc-ao inu uo.ui n: i(m iw. THE STATE OF TEXAS jf SOFTWARE 1,SCENSE AGREEMENT COUNTY OF DENTON g This SAFTWAn LICENSE AOREEMFAN'f ('luxcineftcr referred to as "ASrcetnenCD is made and entered into this _ day of 1997, between 11:61., Inc., a Merida Corporation whose address is 1000 Business Center Drive, Lakc Mary, Florida 32746 (herein referred to as "HTE") and the CITY OF DENTON, TEXAS, a municipal corporation with its principal place of business at 601 & Hickory, Suite A, Denton TX 76205 (herein referred to u "CITY'), acting by and through its City Manager or his designoc. III WITNESSETH: 711AT, in consideration of the covenanti and agreements hereinafter contained and subject to the terms and conditions hereinafter stated, CITY and HTE agrca as follows: 1. Scope of Work A, Compliance with Agreement Documents. For the consideration hereinafter agreed to be paid to I ITH by CITY, HTE shell provide Software (hereinafter referred to as "Software!), consisting I of Licensed Programs and Third Party SLflwafo, as defined below. Software provided under the terms of this Agreement she to conform in every respect to the following documents, and all such documents are attached and incorporated herein by reference: 1, This Agreement; and 2. Schedule A(s) and other applicable Supplement(s) to this Agreement; sad 3. HTE System Change Roquest(s) in the event of conflict or ambiguity or discrepancy between the document}, Incorporated above, priority of interpretation shall be in the order listed above. B. IITF and CITY agree that when this Agreement is signed by both panics, all terms and conditions contained in this Agreement will apply to any Licensed program(s) and/or service(s) offersd under this Agreement. HTS will furnish to the CITY by this Agreement, 1. The Software listed in the Supplement(s) to this Agreement; and 2. Clrant of a nonexclusive, non-transferable, revocable license to use the Licensed r Prognrms on HTS supplied or approval equipment; and . F 3 Support seMee(s) as deson'bod hereto; and 4. Modifications, training, conversion and project management services as described berein and listed in the Sup, lement(s) to this Agreement, t Denbo: kmor 7•rt0oc N~K llartk.0oc 1/rtN9 'Yc~ yllrM , r. c, A-L.-CC-00 Inu uJ-DI ril ,rues Ow. w C. With respect to the Licensed Program(s), the CITY agrees to accept responsibility for: 1. The Installation of the Licensed Program(s) plus any cahencements and/or updates, unless otherwise specified in the Suolement(s); and 2. Use of the Software to achieve the CITY's intended results. IL Definitions A. Sollware. The term "Software" shall mean a becosed data pro&= or set of programs, or routines and subroutines, consisting of a series of inatrucilons or statements to maehinu readable object code form and any related lictmod program materials provided for use in connection with the program, including the user manuals or on-lino documentation described in this Agreement. The term "SaRwrero" includes Any correction bug fixes, enhancements, updates or other modifications, including custom modi Rcations, to such computer program and user manuals. B. Licensed Program(s). Tcc term "Licemod Program(s)" shalt mean the tt'l'B Software. C. Third Party Software. The term "Third Party Software" shall mean the Software included under this Agreement and provided by Third Party Vendors. D. System. The tart "System" shall mean all Software provided to CITY by HTB t Eder the tcmts of this Agreement, and the Hardware upon which such Software shall function. A. Hardware. The tam " Hardware" or "Machine" or "CPU" or shall mean computer hardware designated, supplied or approved by HTE for operation of an., Licensed Programs). C. Source Code. The term "Source Cede" shall mean a copy of the computer programming code in human-readable form and related system documentation, Including updates, applicable enhancements, and all pertinent commentary as well as any procedural code such as job control language. 0. Object Code. The tam "Object Code" shall mean a copy of the computer programming code assembled or compiled in magnetic or electronic binary form on software media, which are readable and usable by machines, but not generally readable by humans without reverse assembly, reverse compiling, or reverse engineering, 11. insta.latlon Date. The term 'I'nstallation Date shall mean the dale that the Licensed Program(s) is installed/loaded on a designated machine. t. Delivery Date. The term "Delivery Date" shall moan the date that the Licensed Program(s) is received by the CITY, or a,t later than ten (10) calendar daya after shipment by HTE. For services, the "Delivery Date" refers to ll,o date services are performed. J. Acceptance. The tam "Acceptance" shall mean that the Installed/loaded Licensed Program(s) has brone through the program testing and acceptance period u descn'bed in Section VII. IITtiLlwu.dw 2 txmAM trmn7•t A" vcr Y1 V" 7r&" i ( t' duL-cc-dd inu w-ol rll rrv, rn,. „ s K Support Services. 'Support Services" aball mean the maintenance and support call servi tea provided to CLIT for the HTE Licensed Program(s). nl. l.tceeae A. Grant of License. Pursuant to the terms and conditions of this Agrocmeot and subject to the provisions of Sections VIII, IX, X and X11 of this Agreement, HTE grants CITY, a no"=cluslve, nontyw•efersble revocable license to use the Licensed Program(s) and such license(s) as provided to HTE from the Third Party Softwue Vendor for the cad user, B. Authorized Equipment and Site. CITY shall have the right to use the Software on the Hardware specified in the Supplement(s), or other aquipmenl at systemq supplied or approved y HTE while this Agreement is in effort, and at tho location (heminaflct r6cri-ed to ere "Site") listed below, Silo: 601 B. Hickory, Suite A and City Hall west Denton, TX 16201 CITY may temporarily transfer Software to backup Hardware at a location diffetent from Site If tko Hafdv,•vu is inoperative. I C. Copies. CITY, solely to enable it to use the licensed Program(a), may make one archival and/or backup copy of the Licensed Program(s) and the associated reference do^.urnentstlon. CITY may also copy the Licensed Program(s) In machine readable object code form to provide suMcient copies to support the CITY's use of the Livered Program(s) ere suthoricod under this Agreement. CITY shall have no other right to copy, in whole or in part Software without written consent from HTE, Any copies made by CITY shall be the properly of HTB, D. Modifications, Reverse Engineering. CITY may modify any Licensed Program(s) to form an updated work for the CITY's use, provided that: I , The CITY i on of the modification; end 'tun notficatJ supplies HTE with con 2 The modification Es made according to the HTE conventions of the WE Modificalion Library and not to the base system. CITY shall not alter, cnl a or otherwise modify Software without the written consent of liTB. CITY shall not disassemble, decompile or reverie enpricer the Software's computer program in whole or in part. Failure to moth the programs to the manner prescribed may negate the ability to maintain the Licensed Program(s) by HTE end will relieve HTE of any responsibility to provide support services. r ."Y updated wort using portions of the Licensed Progmm~i) that mats the above criteria will continue to be subject to all terms of this Agreement. E. Access to Licensed Program(s). Unless otherwise provided herein, the iicensed Program(s) are provided In and may be used in machine-readable object coda form only. HTE offers the CITY, through a third party escrow agent, a Source Code Escrow Agreement that provides for Veniea Uem,+ 111 ft I ei G Lkcmad,+e 3 N:L99 Vci SJI SXi9 t i ,1UL-'LY-~y 1HU UJ:be M rnA I,v. release of the source code version of the L£ccosed Nog amaintenance ere upon athe s agreed. of certain release events, such as HWe failure to provido required 1V. Term and Termination A. Effective Date. This Agreement shall commence upon the date first written above and will remain in effect until terminated as noted below. D. Tcrminadon. lsach party shall have the right to terminate this Agreement and the licenso granted herein as provided elsewhere in this Agfcoment or upon the occurrence of either of the following events (en" Event of DefaulO: 1. the other party violates any provision of this Agreement; of 2. the other part)n a. terminates or suspends its business, b, becomes subject to any bankruptcy or insolvency proceeding under federal or state statute; I C. becomes insolvent or subject to direct control by a trust, receiver or similar suthority; of d. has wound up or liquidated, volunlan'ly or otherwise. In addition to the above, CITY may, at its option, arxi without prejudice to any other remedy it may be entitled to at law or in equity or otherwise under this Agreement, terminate this Agreement by giving at least thirty (30) days prior written notice thereof to HTB. C. Notice and Opportunity to Cure. Upon the occurrence of an Event of Default, a party shall deliver to the defaulting party a Notice of intent to Tenninate that Identifies in detail the Event of Vcfa& If the Event of Default tcmains uncured for thirty (30) days, the party may terminate this Agreement and the license granted herein by delivering to the defaulting party a Notiea of Termination that identifies tho effective date of the termination, which date shall not be less than thirty (30) days eflet the date of delivery of the Notice of Intent to Terninate. D. Procedure. Within thirty (30) days atler lermination of the beense, CITY shall return to IITL' Software and all copies thereof or delete or destroy all ooples of Solware: An authorized repretontative of RTE, upon request, shall be afforded sarilcient access to CITY's premises to verify that all use or Software has been notice of termination fo this Agreement unless sspecifically stated or all licenses shill not the above, License(s) granted under this the be considerW E. Earlier Termination Notwithstanding Agreement may be discontinued by the CITY upon written notice, cffectiv li imm eon termina egthis testing period described in Section VII, and SITE may discontinue any rense ` MMUM Ucmpe r-rr dev lrr t Ic<mc Jut rhL09 Vur S' ISM J I JUL-22-99 THU 0352 PH rnn iW. °R Agreement upon written notice immeu3ately if Customer violates any of ilia proprietary provisions included herein. F. Support Services Term. 14TIi .snl CITY herein rocognire that the contioustion of $ of each yeas, shall bIhe close e subject of 10 Denton City any given fiscal you fa CITY, which fj l year ends on Seplanber SO Survival. Any responsibility of either party provided under this Agreement shall not be Invalidated due to the expiration, termination or cancellation of this Aga=cnt, if it would reasonably survive such expiratiou, termination of cancellation. V. HTE Supplied Product(s) and/or Services HTE shall supply the Software specified in the Supplement(s) in machine-readable object code form with instructions for installation by the CITY, unless c:'4erwiss specified in the Supple a t& sanders form maintenance, applicable, will sube provided b HTO, In addition, FITE shall pply spoc atizal Third arty softwera or. when Pplllcablc, Iardware and/or r es and may supply spec features or functions. Theso services and products ts necessary arY for the performance of certain specW ' deliverables, if any, shall be identified and more spocifioally described in the Supplement(s),"shall constitute the complete list of deliverables provided by HM HTS assumes no liability for any third party Sonware, or, when applicable, for any Hardware products, beyond msnufacturcra' warranty specified In the Supplement(s). CITY acknowledges that these products were aeleeted by CITY to support features desired by CITY, and that they are included in the Agreement solely for that purpose Vt. Pric;ng and Payment Terms All pricing and terms associated with the Software and any other HTE or third party products and services are specified n the Supplement(s) to this Agreement Unless specified to the contrary, prices quoted in the aPPlicab. i Supplement(s) to this Agreement are valid for ninety (90) days from the date orl1711's acceptance of the applictMa Supplement(s). This applies only for days or hours of services of number of usa licenses that are not specified in the Supplement~s). All items specified in the I Supplement(s) shall be honored throughout the period of time necessary to complete all tasks specified under rho Supplement(s). IITB may increase its prices without notice only on those items not provided for in the Supplement(s). Fees for HTE Support Services are payable prior to the oommeneaneat of such Support Services, Should CITY require Support Services prior to roeeipt of payment and the contractual start date of such i Service, CI, Y will be billed at the than prevailing hourly rate u^til payment is received- Fees for support services for any Third Patty SoNara or Hardware provide Vfor e under nder thiss Wcoment I ? shall be payable to and Ls accordance with the provisions of tho third p Y otherwise specified inthe Supplement(s). Any taxes resulting from this Agreement or activities resulting from this Agreement, including but not limited to sal" and/or use tau, will be the responsibility of the CITY. HTE will accept an exemption S rtnbn Uwe 7.22 dm SITE ik.'rucJur 7R71'N Va 91 M { v: JUL-22-99 THU 03:52 PS FAX ml, i certificato from the CEN in lieu of taxes if the CITY qualifies for exempt status. Such le for tpaxcs certificate will arced to be provided to HTE upon waraet execution. IITS will be responsib based on its income or for any payroll related ores for 1411 employees. VIII. Ddceneed Program Testing and Acceptance BeginnWg on tho date ten (10) days aRor delivery or the Licensed Program(s) by HTE, the Licensed Program(s) will bo available tor non-productive use for testing for a period of thirty (30) days. This testing period is to determine whether the Licensed Progiwn(s) nutetions operate together and yahelher the Licensed Program(s) meet the CITY's specifications and/or requirements. At any time during the testing period, upon written notice, the CITY may discontexud the Licensed Program(s) and receive full credit or refund for the amount of the license fee. if written notice of di Licensed is not received by RIB prior to ucti o use durig testing the testing if the CITY uses the L tho Licemed end of the Ltccnsed Program(s) for other than :tors-prod program(s) shalt be deemed to be accepted under the provisions of this Agreement. Vill. Licensed Program Services A. Training on HTB Licensod Program(s), and Third Party Software, if necessary, will be provided for in the Supp he i plicbwill le Suppiemeednt(sas incurred at the completion of each The CITY undentaanda that the m+mbw oIf i session of the rate specified in tp lication, end a,u estimated bssod on training sessions and the number of hours of training v~y per aP[+ HTE's exporienco in the tr l t~ oCITY f of eer the cuatclr° t s for tu g ra net ap Locations. Additional training can be provided typo "quest i B. Conversion, if necessary, will be provided for In the Supplement(s) 3nd will be irate per as Iecurrod at the rate specified in the applicahie Supplement(s) or at WWs then prevailing hour. Data must be given to HTE in an IBM compatible format on a specified magnetic media. Data mast match data field definition. Input data file clean up sball be the r:sponsibility of tho CITY. Additional conversion, if necessary, will be invoiced at the prevailing rate per hour. It is understood } that no two systems and file structures arc exactly alike and there may bo a need for some manual i conversion efforts to tako place along with the electronic convetion. C. Modifications, if any, will be provided for in the Supplement(s) and will be contrcIled by the HTE S;:.rteln Change Request form ("SCR") which will be prepared for the CITY by the HTl3 Project Manager responsible for that modulo, HTR will prw.ed on the SC when p the sign four Ste the returncd with the CITY's authorization along with appropriate paym i Suppl_ment(s). D. Project Martagcment is strongly recommended by HTB, and will be provided for in the Supplement(s) and will be invoiced as incurred, f ± E, HTE will provide the CITY with the Support Services listeel low for theg one Licensed Program(s) for such period as may be listed In the Sapplement(s), and hundred twenty (120) days after delivery of the Licensed Program(s). Thereafter the Services will be I Rt' I Ic" doe triltia voVW t I 1 i` uo f JUI.-2i?-99 Thy' 03:53 Flt FAX N0, r, d Pays liTS's sweat the CITY exercises the oAlion Om a year-to-year basis provided on ~idc8 prov support fee. 1. Toll free telephone supportline; twenty-four (24) hours s day, seven days pcr wcclc. 2, Electronic support. rclcucs Oftho 4. Reaponsotoaetes and atla der normal cond H o~c~ pproYedgrtwos(2) hours of roceipt of incoming call. S. Error corrections w made. p, During the covered period, the CITY will receive cach~'low vw enhancement ,release Licensed program(s) that tansy furdocparticular Licensed umor.lation, refiectins~`hanccments. wilt be accompanied by user and system Q, HTE's potiry u• to make improvements in its Licensed Program(s) on a regular basis in order to mainlsin its 3mely applicobtlity mad competitive market ability. To this end, HTE may, from time to time, make changes in operating procedures, programming languages, general purpose library programs, timing accessibility techniques, types of hardware supportability, and other rebled programntLtg and documentation improvements. H'It3 shall provide to the CITY, as updates, at no additional charge, and on a timely bads, the progM logio and documentation for such Liecased Program(s) cohanmnenta. H. In the event the CITY notifies HTE that it suspects ar error in the program logic or documentation which prevents the continued accomplishment of the principal computing functions of the Licensed Progrun(s), HTE shall use its best efforts to confirm the existence of such error. If the as past of its existence of such error is cocf=ed to be in the Llemod Progrm(s), KTIE shall KTE's correct hour obligztioa hereunder. if it is ultimately detem mod by HTE that no such error exists, thelyCITrateY sha1S eo n c rsemct for or its absorAc". This le travel and lireng a patiosshall be b&W upon , plus 1, tan policy is to acknowledge oral or written requests from the ClT'Y to provide jri&*jn& in Connection with Ossistanco 'rn identifying and d;tecting problems. soRwara nd assist HTE in implementing its the Crl Y's use of RTVS computer application nco within ten (10) days policy, rile CITY aball confirm, ha writing, an oral requcat for specific systems. To assist uata supporting documentation $ner such oral request is made. The CITY strait furnish to HTE adcrl ~oProduc (s). of problems, errors, and and details to substantiate and to assist HTE in the iden6flcation and malfunctions, arising from the CITY's use of Ilia System( J. If an enhoncement, provided to the CITY under HTE Support Services, is dependent upon coding of a previous enhancement which die CITY does not have, upon rogdeA HTE will provide assisiance by mail or telephone in order to establish coding that will permit continuity between R the CITY's operating system and the new enhane l r~ ; K. The CITY agrees to notify HTS of the need to have a previous enhancement in order to Instal I a cuncnt enhancement, ? Dents tksw 7a1.& lnvv~ uls 1 kow a« it i JUL-22-99 THU 0353 PM FAX NO, r. uo L in the Gent the CITY rcquesta say support other than that Included under the terms of this Agrcamcut, depending upon the availability of its personnel, HTE ahs1l use its Sect efforts to furnish it in accordance with the current standard bill*Lng rates. M. The CITY acknowledges that the continued integrity of the Licensed Program(s) Is dependent upon installation in the program logic and documentation of all updates to the licensed Program(s) which are provided by HT13 to the CITY, N. Support requests for the first one hundred twenty (120) days after delivery of the Licensed Program(s) shall be directed to the appropriate HTB project manager or trainer. Support Services do not Include maintenance on modifications made to the Licensed Program(i) at CITY's request. 0. Upon commencement of the HTE Support Services, telephone support *111 be pro vided using a dedicated support telephone mumbor, and the CITY must have Electronic r software will Customer dire pceed installed. Support requests relating, if applicable, to third party badware o to the Vendor of such roducts unless otherwise provided for in the Supplement(s). Voices o to responsibility for lha pricing os: payment foin the r ups: rt servica of any ahicd party Vendor stated , or provision or P. ME shrul not supply any support services nor be liable for any damages in the event that any portion of the Llcenaed Program(s) is used on equipment or with software products or software systems other than those supplied or approved by HTE. CITY shall receive written authorization from HTE before attaching to the computer system any equipment not supplied or approved by JIM Authariration shall not be withheld unless said oquipment will cause operational damage to the system, or require undue system support from HTE. , Q. CITY acknowledges that the systems supplied by I ITE have unique operating properties and are it matched system of components which must not be altered, modified, or tampered with without specific assistance from HTE designated personnel. IITE shall noottI liable fb~anydamag not environment loss of function which results from violating the approved operwi g approved by IITE. HTE acknowledges (bat the Hardware, software products or software a systems E to pt.enned for use by CITY In combination with the HTH Ltecroscd Program() acceptable to HT mbinations Of the time of execution of this Agrccmmit Additional approves S y be c;uiS heor tom dated of related to licensee granted under Supplement(s) subsagl t even data herewith. R. In the event of the fhilure of any hardware component or other third party product supplied under Na Agreemeit to function or operate in conformance with species ufns, eT Es lhhall have no obligation for warranty beyond that of the hardwsre or other third party specified in the Supplement(s). i Protection and Security of Proprietary Materials C A. The CITY ackmowledgca that the Licensed program(s), s Including " the H1'E pro source code, pl{ctary design specifications and associated documentation of Mole Pt (rhInformation') constitute proprietary information and crala of H713 and will remain the sole property of 111E rho CITY also acknowledges that the Third Party Software, Including the source ITTE Lkcnee.due li mm 1.33 40C 7AL94 Vet !I l M Fftll NO. JUL-22-99 THU 0354 Ph code, design specifications and associated documentation Lribs Third Party Software, (the "Third party Proprietary Information') constitute proprietary Information and trade secrets of the Third Party Vendor(s) and will remain the sole property of such Third Party Vendor(s). CITY agrees to respect HTE's purported ownership of any such proprietary rights which may exist, including patent, copyright, trade secret, trademark and other proprietary rights, in and to the Licensed Program(s), and the the ownership by Third party Vendor(s) of proprietary rights which may exist In Ifc~s ores, including Software and any corrections, bug fixes, enhancements, updates or other modi custom modifications, to the Licensed Program(s) and Third Party Software, whether made by HTE or any third party. B. During the period this Agreement is in cffcet anJ at 911 times MU its tarnI 10 display, agrees that it and its employees and agents shall not at any lima acll, assign, license, publish, distribute, transfer or otherwise make available to, or allow use by, any parent, subsidiaries, affilinted cpflties or third parties any of the HTE Proprietary Information or Third Party Proprietary Information. The CITY shall bold in confidence the HTE Proprietary Information and Third party Proprietary information for its benefit and internal use only by its cmp%eu. The CITY, further acknowledges that, in the event of a breach orthrealenod breach by the CITY of the provaioas of hhoU ~pto HTE has no adequate remedy in money damages, and, accordingly, shall ba entitled, an injunction against such breach or threatened breach' van to, prepared C. IM agrees that any repods, Information be proprietary Ind entati ontigiv information of by or viewed by HTH or its employees and agents may P pRotary conl CITY end HTE; and HTE's employees and agents shall maintain the confidentiality of this Information e available and not sell, 11cense, publish, display, distribute, disclose alose~ by eke Agreement is ufpon prig to any third party nor use such information excop written consent of CITY or unless authorized by law. X. Warrantees A, HTS warrants that for u period of ninety (90) days after acceptance, u provided for in Section VII, the IHTE Licensed Program(s) listed in the Supplement(s) will perform in substantial compliance with the reference documentation supplied by Ill E, provided the I.icensod Program(s) are ned \ used in the proper operating environment. HTE does not warmntt t atin a ~~bnaons w h May Licensed Programr) will meet the CITY's require 0) dar will d after the eanpletion of the Licensed RTE bo actectel for use by the CITY after rho mAl ricLy (0) Y perio Program testing described in Section VII. Any other utility of Incidental wfiwrrkind either expressed will be an an "AS i and "NTH ALL FAULTS" (or the LicenseduProgram(s) and products as originally or implied. HTE shall be respo am s by HTE s supplied and accepted by CITY, and for changes mule to the Licensed Progr authorized representatives. HTE will not be reWnSibla for the consequences of atlumpts at changes or s made by the CITY or any other unauthorized ~ modifications to the products and Licensed Prog ProgramO Fatly. listed to the B, IHTE warrants that it his ilia right to license the HTE Licensed Prog octod (properly of any Supplement(s) and that the HTE Licensed Program(s) does not infringe any Intell HTE agrees to indemnify CITY against expenses, Including reasonable attomeeye HTE third party. liability arising from any claim of infringement related to HTE Licensed Programs provided D,?*M rktrM 7.21 da 9 I rte Lkrnta die F i I , j I I ' I i I JUL-22-99 THU 03154 Ph rn^ try. I *I shall have the right to control the defense or settlemeot of any such claim. Iruse of the HT13 Licensed Program(s) by the CITY Is mloinod by any infringerncot proccoding, HTE shall, if possible, obtain without unreasonable expense the right of License fit the CiTY to use the HTELtehcinas Agreement (s) or if that Is not possible, M shall refund to the CITY the lio is fee(s) paid TET~ i for the particular Lie"o3 program(s) that is determined to be inMnging. C. HTiS represents and warrants that the Licensed Program(s) islare designed to be used prior to, during, and after the calendar year 2000 M And that the Licensed Program(s) shell process date data during each such time, specifically hicluding any calculation relating to, ortieuroduc tof, date data which represents or referarim diffemit centuries or more than one century. g the generality of the foregoing, HTE Nrther represents and warrants: incorrect or 1. That the Licensed Program(s) shall not abnormally d date data Invalid represents results as a result of date data, specifically i l n tercrcnces different centuries or more than one century', 2. That the Licensed Program(s) has boat dosigaed to ensure year 2000 compatible, including, but not limited to, date data century reco3nition, calculations which accommodate same century and multi-century formulas and date values, And date data interface values Ghat reflect the century; 7. That the Licensed Program(s) includes "year 2000 ~ ashes", tiFor mthe eans the purposes o this Software License and Services Agrccment, ''year Linsed Program(s): a, shall manage and manipulato data involving dates, including single century formulas and multi-century formulae, and shall not cause an abnormally ending scenario .-,tWn the Application or generate incorrect values or invalid results involving such dates; and b. provides that ell dato•fclated user Interface i inctionalitics and data fields approach Are oresign d to digK be unambi;uous with regard to cenhrry using the "faxed window" year; And c, will correctly perform normal leap year functions. r , , " r tarn imi ion on 1.iahililSeL CITY shall not modify the LLicensed i )causelyt manner which would arrest the performance of rho Licensed Program(a) in suc to fail to meet the You 2000 Compliance Warranty set forth, o to e ein. There shall be 2liability on t e part of 11TH for any failao of the Licensed program( ) Warranty to the extent that tiny such failure is Attributable to a modi ficotlon of the Licensed Program(s) by CITY. D, The duration or this warranty and the rcrhhodies available to the City of Denton, Texas for breach of this warranty shall be As defined In, And subject to, the terms and i hetcon of the ! , / watrwity provisions contained heein, provided that, notwithstanding any provision to y In su ,h commercial warranty of warfantios, the remedies available to the CITY under this warranty shall !,,elude repair or replacement of any IITE Licensed Program(s) whose non-cry-spliance is discovered and inado known to HTE in writing. Nothing In this warranty sba)i be construed o limit any rights of t O mon 1 ken+e 7-Moe 1171t. Lhcehe De doC rn1<99 vera'1W t JUL-22-99 THU 03:54 PIS MA Nu. A remedies the CITY may otherwise bavo under the co. ;tract with respect to defects other than Year 2000 performance, E. HTL door not make any representations or warranties with respect to Year 2000 warranties or intellectual property rights ou behalf of any third party products. Anv such t aproducts, Ishall %jot be representations or warranties are, made solely by the Vendor of construed as a warranty with respect to Year 2000 warranty, HTE MAKES NO WARRANTIES, OTHER TUAN AS STATED HEREIN, WITH RESPECT TO THE PARTICULAR LICENSED PROGRAM(S), EITHER EXPRESSED OR 1MPLI'E0, INCLUDI NO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS h'OR A PARTICULAR PURPOSE. M. Lknitstlon of Liability and Remedies A. To the extent permitted by law, and to the extent provided for under this Agteement under the Insurance provisions rated below, for claims related to bodily ht 3ury, death sthead CI'T'Y damage to from indemnity and hold harm road property and tangible, personal property. RTC shall but not limited to reasonable attorney kind. Including bu and sg.dnat all direct dsmagi _ and d coats of any k ardlcu of fees, arising out of or resulting from any negligent act$~n fgg~~ ciotis o o[i T the regxlent that whether such claims are caused in part by any party I any even HTE be the ell"y Is legally liaMe for such da HIE has rbeen damages, including lo 5l pages roti~ao~ngs or reprocurement costs, consequcntial advised of their possibility. B. Except for HTE's obligations to indemnify the CITY under infringement actions, as noted in Sections IX and Xil of this Agreement, and claims for personal loJury or damages to real or i negligence ve, ability t CITpersonal property erhe utsoever under this Agreement, regudlae of the form of setion,dandaexcept the he CITY for ony under HTS'e Proicsslena! Liability lnaursnce, provisions noted below, for HTE LLicensd Program(s) end times the total amount of Pecs paid by CITY under this Agnxxn related out-of-pocket mvices, not including any fees associated with HTd project management expenses. in situations involving performance or nonperformance of Licensed Program(s) furnished under tilts Agreement, the CITY'a remedy Is (1) the correction by HTE of Licohsed Program defects, or (2) if, after repeated efforts, HTB is unable to make the Licensed Program(s) operate as warranted, the CITY ahali be entitled to recover damages to the lintits set forth in this section Xll', Patent and Copyright Indemnity ~ I A. H'1'R will, at its expense, defend the CITY against any claim HrE w'd°IHpay all A costa, 1- Program(s) supplied hereunder infringe a U. S. patent or copyright, n damages and attorney's fees that a court finally swords as a result of such clalm. To qualify for such defense and payment, the CITY trust; 1, Give 117E prompt written notice of any such clalm, and t t lemon i kenw l•rr Ace v1k arse My" vei vIM ~ JUt.-ed-ad !nu uj.oo rr! 2. Allow HTE to control, and fully cooperate with HTE In the defense and all related settlomeut nagoliotions. B. The CITY agrees to allow HTE, at IM's option and expense. If such claim has occurred or in HTE's judgment is likely to occur, to procure the tight for the CITY to continue using ilia Licensed Program(s) or to replace of to modify them so that they become non-Infiinging. If neilber or the foregoing alternatives Is available on tatms which are reasonable and 1HTH ITEVs ahattdgmen tupon written request, the CITY will m'.um the Licensed Program(s) refund ft CITY the license fee(s) paid ur3er this Agreement for the particular Licensed Program(s) that is determined to bo infringing. C. 11113 shall have r o obligation with respect to Bay such claim based upon the CITY's modif c5tion of the Licensed Pro&-am(s) or their combination, operation or we with data or programs not ramisbod by HT11 or In other than the specified operating envimament• This section states 11TE's wire obligation to the CITY regarding inhingemer•. XW. Copyright Protection A. The software and any written documentatlon assoeialed therewith aro protected under the Copyright Laws of the United States. KrIl warrunta and CITY acknowledges that HTE has the following exclustve'rigbts with regard to the Licensed Progrsxn(s): k 1. To reproduce the Licensed Program(s) In any or all forms. 2. To adapt, transform or rearrange the Licensed Program(s). 3. To prepare other products derivative of the Licensed Program(s). 4. To control the distnbution of the 1.{eensed program(s). 9. CITY agrees not to violate any of HTVs rights or to assist or old others in doing i` . CITY ag M to preserve all eoppight and other notices in the Licensed Program(s) and documentation. XIV. lasaraacc A. HTE shall, at IM's own expense, purch2s0. malnWn and keep in force during the term of this Agreement such insurance as set forth below. All insurat,eo policies provided under this Agreement shall be written on an "oceutteneo" basis. The lnsuranca requirements shall remain to effect throughout the tens of this Agreement. 1. Worker's Compensation is required by law, Empkyo.s Liability Laurance of not less then $100,000.00 for each sooident, $100,000,00 disease-each employee, $500,000.00 disease-policy limit, r' 2. Commercial General Liability lnsursnce - $1,000,000 Limit. 3. Professional Liability Insurance j 3 t2 Damelke 7-2J &w ! tT E lJccn c, ux 1a2M Yee ~t Y99 ~ JUL-ee-dJ InU IN-aa rn NO IVJ, g, Concerning tnsunnee to be furnished by HTS, it is a condition precedent to acceptability thereof that: 1. Ali policies are to be written through companies duly approved to transact that class of insurance in the State of Florida; and 2. kuurancc is to be plrcod with carriers with a Best rating of AND, C. HTS agrees to the following, 1, HTS hereby waives subrogation rights for loss or dami to the extent same are covered by insurance, Insurers shall hive no right of recovery or subrogation against CITY, it being the intention that the insurance polieles shall protect all parties to the Agna m ant and be primary coverage for all losses covered by the policies; 2. Companies Issuing the Insurance policies and HTS shall have no recourse against CITY for payment of any premiums or assessments for any deductible, as all such premiums and dodactiblcs an the sole responsibility and risk of HTS, 3, Approval, disapproval or failure to act by CITY regarding any Insurance supplied by HTS (or any subcontractors) shall not relieve HTS of Nil responsibilily or liability for damages and accidents as set forth in the Agreemeot documents. Neither shall the insolvency or denial of liabiiityby the insurance company exonerate HTS from liability. D. Any of the insurance policies required under this section may bo wriVt n in combination with miy of the others, where legally permitted, but none of the speciflod Umits may be lowered thereby. XV, Assignment Neither CITY nor HTL shall assign or otherwise transfer any rlgbt of interest in this Agreement, in the Systcm, or Any of cornpononts of the System, in whole or in pad, to anyone, including any parent, subsidiaries, affiliated enGtla or third panics, or as part of the axle of any patios of its business, or I 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, XVI. Force Majeure Neither party shall be in default or otherwise liahle for any delay in or failure of its performance under this Agreement if such delay or fallum aches by any reason beyond its reasonable control, hncluding airy act of clod, any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, dots or failures or delay in consult wi h each other as to any rf then aboor c4mmunleationo. The VanIcs will ve causes, which in their judgment may or could be the cause of a delay in the performance of this Agreement, l3 nmbn UW" t•rr dx nrE 115 nnn Jot 7a2m v,r vt sroo h JUL-ec-*J rnu w•:a ru a XVII. Notices All notices, eemmunicadons sad reports rMlrod or permitted under this Agreement shall be perao .ally delivered or mailed to the respective partles by deporting some In the United Slates mail. postage prepaid, st the addresses shown below, unless and until either party Is othawise notified in writing by the other party, at the following addrount If to CITY: City of Denton 213 B. McKinney DcatoN Texas 76201 Attn: Alex Petitt If to 11TH: H.T.1, Inc. 1000 Business Center Drive Wee May. Florida 32746 Attn: Susan D. Falotico Mailed notices shall be doomed communicated ss of five (3) days after mailing regular malt. XVIII. Tndeptadent Contractor HT13 covenants and agrees that he or the is an independent contractor and not in officer, sgcnt. I servant or employee of CITYI that I1TB shall love exclusive control of and exclusive right to control the doWls of the work petformod hereunder and all persons perfotmiug rune, add sW1 bo responsible for the acts and oudssions of its of ors, agents, employees, eonteacton, subcontractors and consubants; that the doctrine of respondent superior shall not apply n between CITY and RM Its offieors, agents, employees. contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between CITY and HTB. NIX Dispute Resoludon 1 In the event of a dispute arising under this Agreement the objecting party shall notify the other, In writing, of the nature of the dispute, and the parties shall attempt to resolve the issue under dispute within thirty (30) days of notification of the dispute. If no such reeoludon Is found within tlto thirty (30) day term, then either party may pursue its own legal remedies. XX. General Provisions A. &niro Agr vmant. This Agroement and any Supplement(s) and/or Amendments to this Agrccmcnt tanbodies the complete agrocmcut of the parties hereto, superseding all oral or written , , . r, previous and contemporary agreements between the parties rotating to mattcro hrnln, and them aro no 2 . IWMN.M~II M Wr AA at;,lntnrv or { t t JUL-ee-bd inU UJ-00 t11 any way except by written agreement signed by pemns authorized to sign agreanents on behalf of the CITY "of HT& H. Severability. if any of the terms, wAions, subsections, sentences, elauscs, Phrases, provisions, covenants, conditions or any other pmt of wa Agreement an for any reason held to be Invalid, void of uneaforceoble, tbo remainder of the terms, sections, nubs sentences, ti' phnwes, provisions, covenants, conditiona or fro other part of this rorcc and eCfoct and shall in no way be affected, imp C. Remedies No right or moody granted herein or reserved to the parties Is exclusive of any right or remaly herein by law or equity provided o: permitted; but each shell be cumulative or every right or remedy given he mnder. No covenant or condition of this Agroeatent may be walvod without consent of thr ;sAlos. porbearanco or indulgence by either party shall not constitute a waiver of any covenant or condition to be performod pursuant to this Agreement. D. Governing Law. This Agreement is entered into subject to the Denton City Charter and ordinances of CITY, as they may be amendod from time to time, and is subject to and Is to be coustnred, governed and enforced under all applicable State of Texas and federal laws. If legal action Is necessary to enforce this AF, oemcnt, venue shall U,3 exclusively in the courts of Denton County, Texas. r E. Headings, The headings of this Agteerneni are for the convenience of refctxnce only and shall not alrmt 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 encourage, the use, If oppliublo, of qualified contractors, subcontractors and supplier whom at to In fiflyone percent ON of the ownership of such contractor, subcontractor and supplier racial of ethnic minorities or women. In the selection of subcontrarlors, suppliers or other persons in organUalions proposed for work on this Agreement, CONTRACTOR agrees to consider t Ws policy on and to use its reasonable and beat efforts to select end employ ruck comppny and persons this Agreement. 0. Read and Understood. Each party acknowledges the! it has read and understands this Agreement and agrees to be bound by its terms. H. Construction of Agreement. Both parties have participated fully In the review snd reVilon of This Agreement. Any rule of construction to the etT'eci that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of Us Agmement. 1. Binding Agreement. The individual signing this Agreement and any Supplement(s) to this Agreement for the CITY warrants that they We boot duly sulhorixcd to bind their reap` t~; principals to all righls, ducks, remedies, obligations and rupoasiollities Incurrod by way Agreement and that the I.groetnent and any SupplLTnent to the Agrooment are a valid and binding obllgatien of the CITY. / i - I C,uurmmm Rnnnd. The terms and conditions of this ARmnent shall exttxr and Inure i r . juL-ec'dd inu uJ.oo ill InA nW. e K Non-waiver. Walver of any brdwh or default hereuadcr shall not coostit" a continuing waiver or a waives of any subsoquent brwh tither of mho same or or another provision of this Agreement. L. Non-Hiring Statement. During the temt of Oda Agratneot and for a period of twenty- four (24) monthe s Ree the termination of this Agroemen% the CITY may net offer to hire or in any way employ or compensato any of the cmployom of HTI3 or persona who havo been amployod by HIM within the immed me put twenty-four (24) months without prior consent ofIIT& The patties hereto acknowledge that they have read this Agreement and agree to be bourA by the tams and conditions herein EXECU'T'ED at Donlon, Denton County, Texas, an the day and year first above written. H T.B., INC. BY CIL~ Title WITNESS: CITY OF UENTON, TEXAS 'I BY - - MICtAIL W. JEZ City Manna ATTIST: JENNIPPR WALTERS, CITY SECRETARY RY: ti APPROVED AS TO LEOALFORM: HERBERT L. PROUTY, CITY ATTORNEY rr, JUL-[c-44 tnu tu'oo rll - SIIPPI.EMENT TO H.T,E,I INC, SOFTWARE LICENSE AND SERVICES ACREEMEW BY AND BETWEEN HTE, INC. AND CITY OF DENTON, TEXAS SCHEDULE A-PRICING AND PAYMENT SCHEDULE CONTRACT NO. DLtNT-"00330 This Suppie+aent h to that 11.74 loc. Software Lkeaa and Senior AEreemet+t (Aerwment) doled of e*w dote bcrcwlth, between H.T.H, Inc. (R'IT) geld City of Declaims, less. (Cuslomrr} UWm otherwise stated bellow, all term aad condltfous u .Wed In the Ay$6W111t shall rmufn In effect. locligualtd Use of of the Prograto(e) provided In this Supplemeot eo pt&*wf other ttun Weed below, without writlca the Licensed e Use pe 'alon from RM Guy to su*t to an upC+edc.turf{.. CPU Number Type:: Model; r r d t bAd ',,..171. V W e N. l r,~ ~ Rl D,..Y l w. 1 II R . a r m ul. tr e + r r MN t 1 p Isjoe" t, ll 05 - "Aux s,» 77 R r , arnsl A T hL Ow of e.a,,,e t~lsill hr,Ir Wom 1 b4 no& t r R eil CTcd IAR,~CRr, l i, K elr,t Fl,elerm IJR NA" fnm jj Aft".a•1 ;a 111 1WU ,its WA;PY, 1 EM- a t N ARI7RIt lertlnY fMrar MYMeA'rYloJllt A' i a1AX" rein. AIsomma rA14 m I1ltiisarcrm l1,tmm Ih.Mdlm!m7rwlnelw N A+®tILM1q 611.4 CLV6e7 4 • HTe /ggiMaon ~It~n° t7,I7000 ' N!r. hriat MRwprtc+e •Soda » eo.elt»odq, It, tICAe ~ tx Kltsrbsan 1a0 Op mm MAO 4 1AIi FYry y,1,RRiIyoR6+OR wd RlQTu1,1A'J rY.Y 1.95GeD 1.0%40 i SAYdMrtirl,Rttllfr I. R,71AhDWt 1 ! r Ar PLEASE 810Th THAT TAXES ARL NOT LNCLUDkU IN THIS a,CJ1I?DULC, AND, R+ APPLICABLE, WILL 07, f; \ ADDED TO THE AMOUNT W T'HE PAYMENT WVOICI (S) BEING SI Nf SEPARATYLY TO TIM CUSTOMgR. 1 DEW!1 A A doe 111Y, 4d.eAob A 7n 1/90 vu uI>,t~ 3UL CL'yy IHU U3lbl rll rnn ttv, 'Payments: THEAMOUNTS NOTEDASOV6 $1UU OR PAYA)LS AS FOLLOWS, HTS Lkralf reef? So%gwa dolmry and the rtmott'eg 30% due within nll* 00) by, tofcompktlon of ferdngpertodorSrptember2). )AVwhichewrbteorlier. Third Parry Ltcutta Frrr: On GMOk'e• rgroa ddrWV Third Para yyafatng Farr: Oa bwolet, m Arwred Project hfanogetntnt Feel. On tevolcA ax tecurrtd. Carvarsiosfeu: now Npax beloow aad>ht f sab r 4M trpo ONPler+ort~(IrtcM1tdu)]s0o0procurtng Appllcntlonsupport Fres~ Prior brhocowtWACemenfaffbrtnVlalfem000PP PP°~f forruhregrrrnfrennf of support will be he IN for to she Jrarf of that terrx of the then prewfl6,g rate, Rafts for Jxbrwtytnt )Taro of rapp H ter Ace are sirvoct b chance. Third Purry Support fro: Prfor b the noarmeace+nant of the inhierl tern of rapport SupPoaf fa r Jahtel trrnf tlrMt of support will be dire prow to the erart of that tern at At then pr viling rote. Rnttf Jbr tub +:tMeef react ofSVp0HJr1`Vkf are JubjKt to chartCt- yravd undWng Pxpwuts: AcNst and reamaable troutl ond ltvtxr egienids art in adAdox to the Pries, 0ted above and Y4 be favoteed as txurrad. HTESopportServices d twenty (t2f1 days altar dclirtwy of rite 714 initial term of 11TH application vpporl soniea alug comenca,a naa Hundrc 14censed Program(s), and extend for a twctve (12) tnnnth terns Subsequent won; of r'ipport will be fu twelvt (12) mcath ptt{of% coomunaing at the end of the f2htal n+PPat paw. Third Party Suprerl Servlece des Ater deUvof Ile initial Maas of !bird Putt appWAU m support ravines shall wourfeaeo ono hundred tor"I (120) Ye ety the l.iccnaed Progam(a), ond extend for a twelve (12) r wiL tan Subsequent tarots of support win be foe fvtelve (12) rno26 periods, conunencinS at the std of the laltial euppodperlod. H, L Application 1'ralnlq Listed above, if appllcmbls, arc the ammber of days of training for the Liccosed PrMoma lilted. Additional oppllation training, if mquested by lbe Customer, can bo provided upon rcgarst at fw standard Wing tate la effect at that time, which at the time of ell Supplement is One lhousod Two Htwlred Eighty Dalian (S1,2300) per day. 76e N quoted dew not include travel and living expenses. Third Party AppgcationTraining 1ntcJ Additional Listed above, if applicable, am the munber of training !salons for 69 1b&d Party Licensed PM5rams applicsdoa ttnining, of regeertA by the Customer, etn be ptcM&d upon regeeat ■t the standwJ bilging rate in effect at that dint, which A the time of No Supplement is One Thousand Five Iluadted Dotlus ($1,500.UO) per Session The fee quolvd don not Include travel and gvkC expetns. 1 Protect Management lenient and fea will be invoiced to the A duc:iptioa of the applicable level of Project Msnagctiowt It arlaehed to this 6uf•P =Mr's and tmJa tLe genic noted above. A rauwtlly arrecabk work plan writ be created by the IrM Project M%neger Ind the Customcs Additional days of Project Management, if seq wod by Coato irr, will be lavotced u him rred at the thus camas IM. daily rate Dotes the m fe quoted doa not include travel and living xporuu, h Am Thousand Two H umdre odred Eighty ty (111,190,00) P` day. The Modifltam" ModtAczdn2a will be oatro&d by the nU SC.li form which will be prepared fa ilm Notonter by the HTE Prod,rce Matuger rasponstble 10c that module. !here will be a two hundred filly dogat (5230,00) oar-roll-. Jablo processing Coo for pteparadon of t CA nquabcd 1uthOtlxntio2 mg whh S119i PaCustoonct. 11,1,e ym lets the w procmw fea. The rmsl 5071 ay nest is due upon worple0on the Gulamer s 1311 gellCeuir A 2 r*Xf or in L" vn. ct !rl f,9e ~1 ' t l JUL-t4-04 tau ua,ni rrl roe Erv. „ LV e Coavceafom Conversion, if ppeavlded foe heniq, of if requested by the Clutonhu after contract ehtecutloa, will be eootrollhd by the llTa SCR form whkh will be preparad rot the Cuotomar by the HIV Comenion Tt4sn Mawt;er. There will be s two h unfired ally dollar ($250,00) non•rufundsble processing fee tot prpsmadon of each SCR requested by alb Customer, HTA will POWA on the SCR xbea the aigrrxl SCR h returned with the Customer's authorbation along with fifty percent (SOS/) P+Yment, lose the processing he, 111o foul fifty poreml (50%) peymcol is due tea eooVIstlom. DJA sold be given to IfIS ill an IBM oompAtbla Mmhal oa a spocifted mogoetle media and most match data field definition. Lvot des file clean up Oall be the tuponabillry of tha customer. A"dowl conversion Ir aecesmay, will be lavolced at rho prevailing rate per hour. It to under sood that oo two ayokmU and file stsuelmcs are exactly alike and there troy be a reed fx Wme manual ocnvcmdon efforts to take place along with the deeoook conversion. SCR fotal(s) for any convarefon services iactuded in this Agreameut are anachad for Clouse efgnaturu and rehu o to HM Cancelfadon Charges Customer acknowledges that HTE makes every effort to ubcdule tralang and project management sessions ruff imay n advance to mike effective use of trWi personnel and to rein favorable prices foe travel and living. Acc"igly, the following cancctladwt charges apply to training or oa•alte project mawgamont sessions c+rroekd .t the request of Clulomec cancellation widen seven (7) Jaya of also date, Customer pays filly percent ($0%) of the told prior for die trardng of on-sits ptof ect manngemeoq cWCUsdon within dint (l) days of start date, Customot Is regmribla tot eedrs price w'the tnGtins or oa-aiu project management In additlon to the F mgolar, Customer shelf be obtigeted to reimburse IrP13 for any oon- teNndablo expenses Incurred by IrM for travel m pemL Nolwitbiuadiaa the above, HT8 will cadeavor to reecbl+iufa HTB personnel In order to tl It % Cluroarr's costs and expcaaes ardor this paragraph. To the sutoul Irm is successful in such rescheduling, CLat.meds payment obllcatlom shall W tedacc& Third rmrly SoflwAre and Hardware p nyhaardwitss C! tthirrd p~y ssollwshall im supplier to de tequipment of software As fay be_provided herein MWemulyy~.od maintcnaneo offerings by iir13 fx its Licensed Progrur(t) do not apply toady third posy hardware of third play ""m 1TV i rupptled under this Supplement HTE does mol melee my rnrandes for Any non-ITM prodacts unless mberwlse provided hntta. AMAehm ants mock a of ft _ Specil colons, the Cc& Cdorummf Spetiaeatoru Exhibit the Pliming and 7aoing Specifications. Specifications, the Building Perml4 Warranty K%leaslon The parties agree that the warmay provisions of Section LX of the Agraerra t deli be exteroded by a period of nlmey (90) days for emb paaicular Licemed Program after it sehlevol go-live, which for the purposes of this Suppkme shall mean material proddctve use, tit'B also ogres to provldo the omicea neKUary to emit that the Licensed Programs Included herein Programs Included herain the reference ddoaumuantlom mbed in Section 1X period be N ioromAtfon contained In Bxbh(i A. Oplionst L1Masa rrogrsma TM: Customer ).As P-4 option of purchulmg die following Lkermd Ihognms at the prices Mcaled below mad Irra arrea to hold this pricing farm rot a period of twelve (12) rnealhf nom tic dale of execution of this Agimwnt- Mond Lleanscd Pr rem - i4e0N F BY/Field rat ctio -Sernr Crto-kc iDP) _ X500 BplPicld GreDectiom -Client ufrsa B asen) tI PV ICI R 1%; ru at f~ S Bue6hc t~}Iccrua r Prof Oct Managcmedt, $uppoa and others services will be lnvoitod et I1TB's shadard rah N the lime ids opfion It rsrrciwd. t e i E Q r• JU6'd4-4J Inu va-ca rll (MA IN. Noo-Hirtng t4ta[asteot During *a arm ,J thL Suppkmaw ad for a period of twealy-four (24) PWO&S t of d"Llftm Ofp 0110l wbpo rm' boon C"OnW nayy not offu to WM of to any May oagioy or M"f*M`any employed by rm er" the b nW wa pw Irreety-four (24) mwW wldoA Mor ewmal of NIR The form sod coodltiam aastaload In thle $Wlemst, Iodudietl Iha prkae, will be Iasorod of met h+t4 horetd, provided We Sapp$ae i 11sIWty eseeated by AugeM I3, INt1. Cualomar warmnte teat IW &mats to ba paid MNem"a wlOW pall osl of spproedswil Nude sod sra wt part of s Msadog orronpostot with soy tined tarty. H.T.E., INC. BY: I Title WITNESS: I CITY OF DENTON, TEXAS } BY: MICHAEL W. JE2r City Ma"Aff J ATTEST: JENNIFER WALTERS, CITY SECRETARY k BY: k APPROVRD AS TO LEW, FORM: ~ HERBERT L. PROWY, CITY ATTORNEY W BY. - - f /Y \ t tf M G klcdult A 4 DIV ~0. Adaa Var.lrif+09 U Ki JVL'LC-tltl t6u VJJ6 su st»~ Project Management level beecriptlone Level oCVro mw~ HT8 WAM Ma Ae►porOA" to 1 N►+V mAftvwv dR 4 IMthel Mtrdhal~WrI ~~~lpMIYMrY. 1el~rwd41 s>nl ►t/Id rd area M I a..uIbwwwetpw0" drmerrytwodp-t IITIban bwNdw 0"4 mtoe etx.r" M44W rdo#d c 3WANW& ► Dwcloo wpMn ~aA sronlw trlty ► MdnwGTivmllel 3lwk"M ► tW*o w Io 1rW"&d IadMa w MW talk ► OpertCNlt Yd KkA+I. ~1 , . 1 hGjw M%,w w+7 b"d n►nnwr to 4ogt4 04 wt„41w1 SOLW x ar i or "4?j Iwndei b9ranVr ►iWJdOfl*lT M 1 ho t& k go*"stow" wM ► MRuwlj wont &a ml d W*t. ► MA" Iw C" ~ hs+ko 11bt1QJy lI1Li kporY. f r 1 Ye i du~-cc-oo ~uu w•uu . Exhibit A General S ecif cAdOns Ho, vlremwl Dear[ a replicated or aaceaaed when seeded 1 Avold duplkate date entry, Data is enmcd Duce and ' 3 proeeuing eoatrotj should ptovlde ururaace that au d date Input into the syatsm b properly proccatcd. S Ability to easily eeroA of page ougb reoorda di trk~s on a terns la either a forwtrd of baelcward direction or 10 call up a single record dimedy by key. 4 Ability to Inquhc -theses into any master aU record, provided uses has the prope* au t>r»atlon thao S "Dr111 down" f:dm t nurunary level to the dutai traauctlona 1 seated it 91ore aoceas and retrleve mutt is an of h torkal data. xterj -f -318A, be able to adjust earmaodly altar vadables, such u codes, tables, report parssa etc, without the services of a proftuWnal vtognntmer. 1 A ibty for syt~ to Id t eontstn ~itind vdkation n slat to car trnl data tnlegrity. 4 Availsbdlty of WLtdows optional 11ro at User Inta ace. to Menuddve~ a solit'al easy too ~1on directions and F1110111;111. AI I I in a boreal sequcnco. Abllky to bypuI medw and gain direct octeaa b jay program foe whkh uw le eutbodzed. 1 I Create custom menus fatindlu'r'rr. Add cl cat specific options to mean. X13 Aai n vkw oat access to a 1c user ptofi d. a3 Aul seenri to menu od Wel. I1 Lo on to the►tem onu, 1 S Restrict am$$ to sysurd featun9 sad restrict rpevi trrroaetton txoeersln a to deslgasted, sulbortycd personnel, by uwp by f lxdOn. I6 Mnin~aln audit tralb inc ding ib"god by, Caged dalar, and record (X Or ,k) Ofcbwsa- ty Rc(orda id the sot ewuc should be compwd o[dsu elemeab that have tonalatcat aarws, IsnYdu, and data types In all files and programs. 11 Operate tbo data. In a ttultl-wear env nnuat to IcemJOckina win be required to culnlnia a Integrity o / t4 Ability to preraat stay n. std-GTranrd~homming daie-W, f t rc.or4ls refcrca~ In any / othLf file. ' p- \ c i I t,, I` 1 I III I JVL LL Hv uiv ue ww I k General Specifications No. AeAA~ulreman! Weal n 21 DOWnloed b or Iocru s""Itlon data shroubh dcakt*P produ01mly tools ;;Chu Spfads , word protestor, or npen>write, 22 Allow pu ItcesS M publie morels Ch retrieval to vulow fomub 33 Purge u bas on w~ defined erilvtiS (widr q proptisb eoneroL)laeludinY prof year u', unwed dell etc 14 Use the sane PC foI sytSem so oullntiamc LmulsttOn wl t havinj to Shut oM ;c S6 down to Start the other. 25 view s list of wen who Ise on ttu system u+d wbst mode ca Y Sre Secu++~l• 26 Provide 061ibie e,kop otllida eaablinQ tho~SCkup of lndiv{druf Ibm+, eppUcotlon daubSSa a ow Mike Ism 27 Support remole Seen fa usm the told or those wiehlrg to wak $t bww. 2S Rativa to lots In 29 Recelve oniub doLVmeot Uft _ 30 Rece_lv~c erlod~le aaaftore mteua Iad edn:emcnu• ' 71 Provide so 14 boun/dSY~7 Kk. 32 provide clot dial-LA. V0001 as OSHA1 to rompue~Y al+Ysori! L44 M lution of softwne blame. 33 Avefare rapooao tkrw for Sofwue Support b 21aun or k-kL 34 eador should have Sn ecdve asue' YrowP where foRware txhSaecmcau can a Susgawt Sad problems sddrafed Said anrected. General to Re utremenu 35 taectroaleall A N! subs uentueeu 36 AbWty for prialed output to be rlueuee to Say 01the tyrtcot of trolwor printer. 1 37 views Ant to ra~AS fin optM - - 38 All nrLr i nelds 0. S -cootroI 39 there ire provislont x Convenient a Mtlnt of iC Slated fame. 40 77 Lre are IosScSl WnuL fa proccuint prf-wrsbered doeumente. 41 Cheela sDou d be check protected, Wiring asterisks to precede dolls, emants. 41 All re;;i_,W,71 osta WPWPAIIIU00 rune MW bbfI00, eo 11 hse ;noS doaIPU0a processing d.u, Sequentially 00mberad pasty, end r ,btoub a eseb tevei betak is spitmOstc. 43 We eaShoe rroort ter for llexNta reportiat. ~ i 1 r c. M-td-aid inu ua,oo rn rnn nv, w t Bulldln~ Permits _ No. R alrotrtent Rgsd2ft. Permit A 11teUon 4rewssi I Allow for IN capture of buic app etbd data Wired slue of permit epplicitTau. 2 Allow aaaignratnt of pre of temporary parcel nun'-;s to be used or puattina "Diu until actual parcel ambers at avagaNe. 3 Provi a for tokuletion of steaderd Tice arootusta using am provide formulae of es. truck fas eollocfora end maivabks cord generate poyauot rowIpu, 4 Capture sod allow atttas to comp Ne pemtir h e by parcel. S Pmvids a jtruplified system or pfoeeatns uduallaneauj txrmit appliatkw (such a K N40 ssks Dermito em.). b Allow for 11? jwetars do date lame aced m the typo of work betryl perrom*& Foe t sample, a diff mt set of dad nay be set up foe re-toot pemuu than for tingle family homes. 7 A lowT for dau entry digl&yo ► unts to b tailored to the typo of permitbeing issued. For ra "to, few &Oyed fat taKtim should apply to the typo of permit bebeg tuned. e Atiow fnr m unl id- awnb.+of aamn, j4huue a phone orrmbm w~he eAft-rtd~ a pentilt if plfcatim Allow for onlias seuchee by any of thaw namw to loeelu a permit record. 9 A11ow fot rrcildple suhcahtrocion to he usociated with a gird a pe"A For exernpto, m eloetrlcel 1 pu-z!t could have two or more subcontractors. 10 Mow en uall OW amount of five-faun notes to be entartd for a ganolL A9ow these nolw W be Viggod to appeu aw maikally it key processing point! (Such u inrpectiaa entry), 11 Allow for unborn l uur-dcfLwd codes for cur items w type of eoostruetioa, ompricy t)po, eta. 12 Allow ror the procwairhy of b ket pcrauu wbere a jingle permit a a chatted b eovor the lamarteo of tahldple permlta 17 Allow for two to be charged sad collected tat rct:dt la rncid;t 6eleau for a perrnlt applieuhea 'ibis credit Win" amount eon be applied Islet to other fees for the epplicadon. 14 Allow rot vss a ned vjhution eI cnLlloal hex on a user-defined TWO of CMUWttctloa veiuus. d Allow uecade fined Iquan focroga ak Itiont baud me usst-defi~eble of Squerov7oougr 1+ \ voluce. i r ~I Juu-cc-oa inu tu,oo rtt rrv+ rtu, 4, ~v Bulidin Permits N.~. R ulreotcdt Von 16 Allow user to upliaato an exisdag permit opplication and all usoctatral infororatfon to Add* rppliatioa at a diffem+t loatlon. An mwnpb would be a "slandard plan' type of appwaLbn that to being built tepestsdty by a contractor, 17 ProvWo a function to aIOw quick entry of bbtork data from toonual Was In to the ayaleom. 18 Allow trukij of eoeatnrctlon~uode posted permit app lass tioai, P uce. rcAW cbecke or bond satounta through Iatarface to germ) kdger whon requited. ti Allow "whit it type of cc calculations to dower Inqu{rice from t1d pubtie rogar iog V VIOUS permit application pourbilitin. Produce a pdntrd feet listing for each eedtatte. 20 Allow acannlng and swring of docummh nrcb as plansand aPPlicNion forma. fate sann,T documents we to be attached to a permit apptfcnioa and recalled later online. 71 Allow foe acueh and renievd of a perm t or appllatina using address, Parcel MIMb", associated osmu, type of application, application status, responsrbla deputrnent, or any combination of thcac Items. 22 Allow special mice to be stoc r! to as address or parceFF%tbo prOpe atatenty ad nogCe or aulomade display la the building permlts Vpli iGon. 73 System automatically calcuistes permit expvttloo data cased oa user panmetera FaPMtloa date should be exleaded automukalty basis d on tnspsc6on activity, Provide option to send oodtkallon letters to conlrsctora and/or owners prior to permll expiration ttvougb luierface to word processing application. Pilo Review 24 Allow users dined plan review touting Dated on type O work petfonned. Standard toudag hued tad type tat work automatically created when appl!'Atir j to entered Routing can change for individual applicstions (slept addedidelewd). Do not allow pcr+mh to be luued ualil sit required plan review steps are compleled, 25 Allow for entry of unlimited fro-form cotnotenti during plea review. Alia+r for the use of a Oacr• defined table or stendud Wrtnerua chat as be Accessed durina elan ravleve. 26 Allow for hocking of the ameoal of rims In days that plans were under review for orb plan tracklag sup. Ocanats etatitdcal rep" aumrwrltlng the number of days spot la plan review foe each tape oflob by each ravtewln deparmreat GIeuLNons of the nu; Wr of days for each depattsneat should tats to account thu + amount of Nina the Dlans were relu+ned lock "Pucant otgtherwbe outQf ttw de0arytMat A, , 77 Allow entryurplan corrections Items as put of plan review, Produce a p ao correction luting of ! j _ theta items oa demand. JUL-CG-JJ MU UJ,OJ ell IM nU, iialildin Permits r o. R ulrement 1lesenipUea - 48 A1Jov uter•dafined sxudty to ruthorin Individuals to approve plan review stops for such Agency, ins ccdon Pretusln i 79 Allow itupecdon u115has a fogging Of Irnp dod results, 30 Allow for No setup of wor fined Wspectiens Iequenca for each applies on based on the type of work. These Inspectlon aequenees can be sltmd for individwl petutits w sequined. 714 system should edit during Inspettiuu processing to Issues that inspections us being performed In the correct order u "Mad by this sequence, - 31 Perform error checking 11it Inspection;; dining to urure that "Can ors, lksmes uo valid el as w beM ~_er oem_ed I_n the Orupe► Isaut; OTVVC of las don gaud Is valid for the snit eA 1 r ulred fen have been td ecto Ph has notbglum ePercumit has not eellacrod on hold ~ 7bna~cdsu should be wa ooevoned. 31 Allow Wer-0eslaed use rot falling ilont tog-Al-Wed dohns , pecslon to n'q- 33 Allow results corrtrncau to be keyed using baspeottoo tcruhs entry. Commonly used comments should be contained In a osefWmed sundord comments Ne dut can be Iocessed during result J entry. r i 34 Allow we dcllaidon of eocurity to sasure that oo y sum iu personI ae clowed to we an inapectrn's ID t0 slim oA__on"tasoectlott 33 A11ow uut-defuted wtomede assignnrnts of inrpsctiom to lmpaton by udl, Owedoo Ices assignment to be rcbicvtd from Mvpaty database Ind f wowdcslly eppb'ed to inspeetiod request. User may ovctridu the eutootaile assignment, 36 Allow a war-dcrmed system of point vsloes to assure that lnspecton us not being over scheduled for a %mciric day. This system should consist of a point valve assigned to each Inspect ton and e muimum point pas day value to each Inspector, As InsWcdom us uhadulcd, the system should rrulnlsin do accumulated points for eachpector Ind "m when du tnaslmum is ewceedtd 37 PPmvlde sn asy mr ;hod ortmap4l aj In laspectm s scheduled ietpeetioas for etc situadons u an impeclor ceiling In sick. S8 Provide ability to lood an ImspxtDes daily wignrran 110 a hsnd•btld Id computes foe nu In Chu field, Provide the sorrwato to pv-'.nm inspections to the field using this bend-kid device. r r' i c t; i Bulldin Permits No. ulremeol tbn yatem to proms aepeedom. 19 Allow tha me of en 1nuReetive Voica Reap~mae tTYR) telephone It ~ Systcm should a11ow the use ore touch_Umo telepbop to elite( loepection rcquerU, Cancel (nepeetion requet4,And We= tMuirlea on ingatloa resulta one real-lime bests. WR should also be cepsble of eceepliag lorWes of as bopectloo tslephoned in by on Innpeclot In ibo field - , + CO lk Parmlt PAotta 40 Anow for lnlerWive priatlo/ of permfu nsin/vsar dC mad permit print fortes. Allow notes froze pLn revifw And rarer application nuts to be Hugged to print on riser permit. Allow for user opfbo of prial;n/ either comblestloa permits (multiple permits per form) or single permits (one permit per from} 41 Allow user 10 type of eatilleets to print Cx. Cestlikeb )COmpledo v tmc of Ompucy). Allow user Jefncd print rormts rot ceriffatce. Perform editing prior to tin certificate foe ouchitmu es ell fat. di u rwtled see 12 Allow fa a prlotior of jo its lo be burr/ at the job nits, fob eudi shwn prkled on weatherproof paper and list spproprlats Irupeedoas foe the job. Confndor 1}ecWn 47 Provide zebus tot kacldn/ ooovsetot Informstbn ruck n name tddreaa phone, type o cortnctoa lluaws and Iruursaa policki. Provido an arcs foe unIUMcd free-form text eemmeats and notes foe Ault controolof. 44 puform euloma "Itln/ of ell oontraetor mquGemenb for puilirt/ a permit a/ permit proces+io/• 7bme roquiraoedu in user•dcilned and an tronebt of both a docamrot oumbcr (u a i sate liume 9) rndror an eapimioa data u when sets )ham ex five • _ 43 Allow for esablisbmcat and trxklmg of eurow eccounu for feat e4 boa tooonbnu &flow contractors to plea money on Auount sad use to pay penitIt individual psymmis for each pormit fee, Prod= on domaad 94,4meats for ibesc aceounu. Reports 46 Salls"Cal report. orpormitA usd by a user fined date men/e. 47 Ststulkol reports o the types otapplkstlone ited by aser dat ud date nngc. -49 SutistlCAreporu of types o iaapecflnns per orated by tua.defined data range. 49 Staliat -7e potu of in9"w activity by urerderna dato tangs. r1 JUL-LL OV IUV V41VV 111 Buiidie Permit Mo. .brorpeot SO ate rtpeeu o~ pnvfrv+p►ocmfnl IncWdinp wmbalt of appHn o1u proc~ ~~Ie days to PMMIAO eta SI Oovanmut wcbsstheC-M 52 Report ofopoa eorfstrt krr bonds End "1% ad activity, S) St. 4a! repartr o CO Eet1v_q 54 peroiltE Hr b eonbtaaor. S S otstrutot file mEflin~ bet, S6 PEtnrit expintlwl repnru svldt optlon to print )Matti for apple{ pcrnila 57 OrrncrbuWK mft J • tnE pmEIty Emonnu and u a artoeter bouoea fro Cu rvaetp4 Ebou vElidtb Eroololt 61 PEreel mErlESerooot dEbbEN a prorSdc adllrou, pErat to orz--- to tldin; a n. n r 63 f tbn of + s liorrW 6) Provide oooreruadaEtba of condidoas u►d otivrr porliaEOt Snfonottko Qan pLnola4 End ton S tolow l0 1 & eW t, ~ s UUL"ed-Od InU U4-UV r1l rna nu. i Code Enforcement No. ulrtmtallleeed Uen 1 [drodry violsdons by paste Provide nolificstWAA to rcapoanible parry, W ertabUth uses-0enned CcUow•up inspection program to erasure eonoCUOM%are made. 1 Allow Ulan W dente real type with user.&-fled s_queCa of actions end cue data of each typo. 3 Allow nux.defined vlo uod "a s fcLted free term text Allow multiplo vio gars to be usoCIAted with a single eau. w"I a Provide werrVulad nohv to nipoaaiblo parties Gnul*c parties poaalbk pc: cau).'Jre processing u method fat um deflAition of rMUICation. S Provi o for the In of eltotronlC lnspccrion dCVWes, snowing inspoatofs to Baler flodings while at tho Aire 6 Provide Automatic fotiow-up of pending u on date due. 7 Provide method of proparing ageadas acrd beNup dcCWMtstioe for ouca MICLZg t`,odc Psfarcernent Hoard or Aimilat board, g AhWly to record bans On propertka gcncsaud by Coda eafofc_mc01 lcdom* um Irsossctiom from code eAforcamont appliOsco to be aulomadcaUy appUed loPanel Manspumt system. 9 Provide a of Apigning a cue Wan cWr for foiaw-up. Where appropriate, thaw dern"T sports to bo run, sorted by Inspecw, 10 Yrovido a rrrethod fa multiple depatbnrnts to use the system with weurity optioru of Bash depastarcnt Where sppmprlata, sort repoeu by dnsrtaxot. 11 Allow unnmited ee-form tear N the east 1ev':j:vWlattan keel, lmpecMa 10Ve1, and for repating find;nrs of boards and mectinga, 12 Provide abdily tom SIC a wa by P'7 address, any of due namrs sewelated wish the cau, patoel aumbcs or user-defiocd lookup field, u we11 a by ease member. 13 Provide A method o pmmsing and tracking i"Wcdoav nor retaled Id s eau. 14 Provlds a mcibod of establisbing floe tskulatior. baacd on a "per day" eslculaflon. User Io lopul A If start data for the fine and ayslem W kup a running loaf W data. 1 SL'-.,b wept, should Yoh&It code enforccmcut Icc,=t raimbat and pecilly amoW . i update cuatorrk,t bald xe. to Pro vide a Wily to flag patceL wiuh code vWl■tions W Aodfy building permitssysem al pemdt sppliutioamtrY. ! 6' r 17 Parcel mansgcmeol database should ptcvi& addreas and parcel inforrrotioo to a ode Eaforcermni J \ s JUL'CCJO tuU U4-UU rrt rnA nil. Planning and Zoning No, li uir~manlDaert lion I Capture buic plentting project applieatloa Iaforrtsrlon sad track stslua of application. Provide oa• demand listings ofplsm(rta projects In variant sort ordcri (by addrea, type of project, projeel nomber, planner Aulgtted, cta) sod with planerm . various ulatlon ctiterla (sl+ius ofpto~ atlitatiot data franitu 3 Provi a tot user dafinidon o[dsu Items ante a of ro rtL 1 3 Aulomsttc tracking and routing orprojms. dvough various user-defined processes conafeting of agency end othet review fluutform Routing should consist of a user lul`W d sequence of tomiag steps and should edit to snnrtc that steita are bein eased ht the eotrecI 09uentce. A Provi rot electronic ee eotioa of tech items as agency cmruMmts aid conditions u review progressea, AfsN provide the ability to record review actions rude by various stmcles sod the unw tnt In review. 3 Provide the Ability to assort fees and collect payments for planning projects. Feet displayed during pmceYslag should be &icrmlaed by the type of project with only the fees applicable to the project tvvo befog die Ii6 Provide she ability to accumulate chaillef sutomadcaily spinet projc~ cl+ohoun spent la review cs rime h entered for reviarv steps. Any hourly chug es atcumuLtcd shotthd be deducted from a pro] ccl deposit awnt with a warning d'sptsyed when tho wcwulatul charges reach a user-defined peaeolage of tba deposit amount 7 CAIcolate user•d uted `key data" or projwle sutm.atkally is put o the review preeess for a piDjetL Providn the Ability to tin a key date calculation to a projkI review step sad have the data _edcuGlesuDomaticallrwhasthe a iscenters. g Provide a Medan for producing turmrury docvm mss for a project from the comments And- tenditions entered during the projul review witbcut the user having to retype rbeao cornnunu aadrot tondition/. 9 Provide s method of automatically gonaniQ user•deflned eowkation letters to property owmri and others regarding projects end tnevalls assoctited with these projects. Through an ink-froce with the past datsbLA, owners' tames end addmses fa surrounding propatici should be outa.natically added to the list of addrtsecs foe da tettom 30 Provide a method of producing eneetiag tiocumcau (such a ageadu) lot Rests sebedulArr a particular meeting and date. These doeumrnts shoeld have the capability of scctulag without rekeying comments mWor tondi dons ktyed In mviously to Daft of dw Gidividusl pro/cet reviews. 11 As part of the review process foe project, any slep(s) the are meetings OmId haves C&IIII or of taoetIng data evadable and should wlowl1u11y be aehedetkd fa rho next spproprfate meeting data when the rcvI tcvtewr a a ere cenmlcte, 17 Provide s vier-de- .reed tsble otetMd 'g recurring conditions shat ctn be accessed and applied to & project dahog project processing, thereby elimiruting the teed to key repetitlvs'boileroste conditions. 0 Prov+dc the ability to utcu nay project by project rumba, property addrtu, project deseriptiero, any of tba news associated whh fie projed (owners, dn•clopers, em.) proPCrty pucel oumbcr, e of set and user-defired1ookupfklJs. r r r...,f ar..,,,......r 114 Mndds-"mv inlmmalam fnr All rrontrdtt acsxlalcd with 1 l Jul. [C 00 IIIU U4•U1 rll mA mh r. X i i Planning and Zoning No. Ac at-mom Demi i tS Mow tune to N u»hc prq}ecte of Individn•1 proJ~rot tondstione to rack trrma ee b alert BW14WS Patolb t otwtat pftmut of a ptojed or W61 condidm at the time Of Mail 1lcetloa 17 Pro" fat eentnl reeelpte b vd' pe~areatr ♦ed uudeta trt a u 1 t Provide 1aNyotlon to word pcoaeainp for entry of commwN end cadi~ioM ►ad to eat ~nattmrv doeumaale. ! I~ ' I I I ! I i Ii I I i I R I I I I I I f ~ fF~ i I ! c= c. AP16 Nt► AGENDA INFORMATION SHEET AGENDA DATE: August 3,1979 Questions concerning this acquisition may be directed DEPARTMLNTt Purchasing to TomShav1349.7100 ACM: Kathy DuBose, Fiscal and Municipal Serviced SUBJEC r: AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR TIIE PURCHASE OF MULTIPURPOSE WHITE (COPY) PAPER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2376 - WHITE MULTI-PURPOSE PAPER AWARDED TO XEROX CORPORATION IN THE ESTIMATED AMOUNT OF $35,200). BACKGROUND: (See attached Tabulation Sheet) RECOMMENDATION* We recommend this bid be awarded to the lowest bidder for each item as listed below: ( DESC[UPTIO V E UNIT COST 1 8.5" x 11" Copy Paper Xerox Corporation $17.50/cs 2 8.5" x 11" Copy Paper (3 Hole Punch) Xerox corporation s19.$01cs ESTIMATED SCHEDULE OF PROJECTS The listed paper can be shipped within 5 to 20 days and will be ordered as needed in minimum 40 cartot. , shipments. FISCAL INFORMATION: This paper will be purchased from Working Capital Inventory funds in quantities as needed and recharged to the appropriate expense account as it is utilized. BID INFORMATION, M This bid is for the annual price agreement for the purchase of SY' x 11" copy paper. Our annual estimated usage is approximately 1,760 cases totaling approximately $35,200. In addition to City of Denton requirements we sell these commodities to several smaller governmental entities. Respectfully submitted: r M L Tom Shaw, C,P.M., 3497100 r.. Purchasing Agent Attachment I: Tabulation Sheet 124J AUNDA f, f U ATTACHMENT 1 I TABULATION SHEET i Bid 2 Date: 7/1195 WHITE MULTI-PURPOSE PAPER DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR Worthington Media Compu XEROX Paper Co. Solutions Data Staples n. 8~1/2" X11' WHITE PREMIUM GRADE 4 880 MULTIPURPOSE PAPER 64.6% x17.50 $18.00 $20.41 $21.94 No Bid CTN 8RIGHTNESS. XEROX PART 03R204f OR EQUAL 6112- X11' WHITE PREMIUM GRADE 4 880 MULTIPURPOSE THREE HOLE PUNCH $19150 $19,60 $22.14 $23.72 No Bid CTN PAPER 64.6% BRIGHTNESS. XEROX PART 03k2M I OR EQUAL Dellvery p$yg 3 to 6 Days 16 Days I Fos Denton Denton- Denton ii 1 r•` `i r i i I c: it F ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING AN ANNUAL CONTRACT FOR THE PURCHASE OF MULTI-PURPOSE WHITE (COPY) PAPER; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (BID 2376 - WHITE MULTI-PURPOSE PAPER AWARDED TO XEROX CORPORATION IN THE ESTIMATED AMOUNT OF $35,200), i WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: M SECTION 1, That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Sid Proposals" on file in the office of the City Purchasing Agent, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBE .ESL VENDOR AMOUNT 2376 ALL XEROR CORPORATION EXHIBIT "A" SECTION I[. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the nfTer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents, SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter Into a formal written agreement as a result of the acceptance, r approval, and awarding of the bids, the City Manager or his designated representative is hereby R authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. l V . t+ i SECTION IV. That by the acceptance and approval of the above rumbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and In accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shatI become effective immediately upon its passage and approval. PASSED AND APPROVED this day of .1499. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY l ~ BY: 2376 SUPPLY, ORDINANCE h~ r l u - 4 I ci I EXHIBIT "A" Bid 2M WHITE MULTI-PURPOSE PAPER O[SCR~ IP N VENDOR ~ 'II it 5 III XEROX i 8 Ire X11" WHITE PREMIUM GRADE 4 880 MULTIPURPOSE PAPER $4.5% $ 7,60 CTN !RIGHTNESS, XEROX PART 03RMY OR IEQUAL I 01/Y X114 WHITE PREMIUM GRADE 4 880 MULTIPURPOSE THREE HOLE PUNCH $19.60 CTN PAPER 04.5% BRIGHTNESS. XEROX PART WWII OR EWAL 6to20 oalwy Days Foe Denton • A f ti , AAA&" WA. App 10 hh 4Y-7 0" AGENDA INFORMATION SHEET i AGENDA DATE: August 3,1999 DEPARTMENT: Engineering& Transportation DCM: Rick Svc his, Deputy City Manager rv SUBJECT; AN ORDINANCE SUPERCEDINO AND REPEALING ORDINANCE NO.98.190 TO INCREASE THE SIZE OF LIBERTY CHRISTIAN SCHOOLS SCHOOL ZONE; DESIGNATING AND ESTABLISHING SCHOOL SAFETY SPEED ZONES; REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SAID SCHOOL SAFETY SPEED ZONES TO SPEEDS FOUND TO BE REASONABLE AND SAFE BY THE ENGINEERING AND i RAFFIC DEPARTMENT INVESTIGATIONS FOR THE DESIGNATED HOURS; PROVIDING FOR SCHOOL BUS LOADING ZONES AT CERTAIN SCHOOLS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200,00); PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. BACKGROUND* Liberty Christian School requested extension of their School Speed Zone after purchasing additional property for the school PRIOR ACTION/RE VI F W (CounelL Boards. Commisalonsl The Traffic Safety Commission Reviewed this request at it's June 7'",1999 meeting and unanimously recommended approval, FISCAL INFOkMA11ON Approximately $200 In signage and markings y, Respectfully submitted, )e"C, Di ctor Engineering & Transportation C 1 . t. t> ct O~~inding try ZCF LIBERTY CHRISTIAN SCHOOL pO~auln` eYSad` L 1300 south Bonnk bm • [kMOn Teuu 76207.2617 • (910) 4819733 • Put (910) 381.2184 Iladn" ll.in, t%renu ton Caft OW"m Mow I May 3,1999 A TIN: Jerry Clark 'I raflic Safety Commission Director of Engineering and Trans. 221 North Elm Denton, TX 76201 Dear Commission Members The pu. wse Krefn is to request that a school speed limit sign and a resume speed limit sign be moved to reflect the location of school property owned by Liberty Christian School. If flashing school sigiv are feasible, please consider Installing such equipment at the proper locations, Please find enclosed a current site plan for Liberty Christian School indicating the proper locations for these signs. Thank you for your consideration of out request. Should you request additional information, please contact me at your convenience. r Sincerely, Dun Gailey Business Manager 4 DO* Mt'A1C ; o 2 TMM it shim in the he should p ad kAte he 4 tdl, ht uo nd ioatf /MM 6L i4otfil~ tti u TSC Minutes June 1999 Page 2 of 10 rMM N2 REYiEWAh'DOONSMERAPPROVALOPARFnrFC'rTTOMQPXY.']=M= CHRISTIAN SCHOOL Z01-1 BY MOVINO IT 389 F1:-F't TO THE SUM 110 Will - k48191 PAGE S. CHANGING 11111 ETORTH OF WILLOWWOOD TO721FIXTNORTHOFWILLOWWOOD, Clark saki, teen b a leper in your picket from Don Oxley, Business Manager of Liberty Cluisdan School. If you look on d )c overhead, you can we the W&o al land and they have actually aeVW 143 feet back here. It is about 389 feet, when mamnd on the ground T hre is also soother item In your picket showing the map they p twt&d Basically, it north end to rcm lh:ng the sane, The south end if rombhg In ft location all dhe way to the new south end Thb shows the svet all area. included fa the f bnmhssioaer's use is a ropy of the existing Qrdinanee 98190, Liberty C2rirtan School is khcat d on page S. That proposed amendment is included in the packet, asd staff reamuneods approval of this change. Luce asked if any Commission member bod a question of Clark. No one spoke. Luce asked if dire we, anyone in the autism who wishd to speak (of t his proposal. No one aroe forward. t.uce asked if then was anyone in the audience who wi&d to speak agakhet this proposal No one came forward. Luce ckhsed the meetng to the public. Luce asked if dire wu discussion among Commission members on M item. Hearing no &scrwim, Luce asked fat a motion STAFF RECOMMENDED. Anna-al COMMISSIONERS, Lesko made a motion to approve the erdmance change b 72 fat ooflh of Willowwood w Phillips seconded the motion Motion passed unanimously, t(~r~ o f 3 r • i i I ~I R i I i. 1.40 ACRES - "I ! !r w !e w ITNo""N"aaw. " D . OW wab6>» 4,10 sem i CA W Imaw 4r }~~I a ~ M ~ 1^ M~ I ~I f } it M IyW, I 16 1! 1 N OOi1W0 i rAE its 33Y ■ 1 019/04, L2 LT 1 V%qwl L3 W -sly _ ~ L4 LAS lb ~ 1' V.I. 1 LINE TABLE TT fail g 00 ' J L1 S SO' 34' 16' W 132,37' IVIi/ NO(r e S4' W ~'W a pj I 4~1 ip _ L2 S 00' 09' 14' W 25.54' S !O' 84 37 W 304.7 - l hy~ L3 S 00' 40' 46' W 00.00' 150'09' S. 1 u'wK~1 N 00' 25' OS' W • rMwrl i. i l4 S 01' 04' OS' E 10.2x' 7 75~ J OR 4F LS S SO' 48' 53' E 70.00' C.r. N~. 14-NOM43 LEOMD L4 N $3' 29' 54' E 9110' for m ,oluww+o ~~lra,. ~ ,sae . : E ORDINANCE NO. AN ORDINANCE SUPERCEDING AND REPEALING ORDINANCE NO,98.190 TO INCREASE THE SIZE OF LIBERTY CHRISTIAN SCHOOL'S SCHOOL ZONE; DESIGNATING AND ESTABLISHING SCHOOL SAFETY SPEED ZONES; REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SAID SCHOOL SAFETY SPEED ZONES TO SPEEDS FOUND TO BE REASONABLE AND SAFE BY THE ENGINEERING AND TRAFFIC DEPARTMENT INVESTIGATIONS FOR THE DESIGNATED HOURS; PROVIDING FOR SCHOOL BUS LOADING ZONES AT CERTAIN SCHOOLS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200,00); PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1, That based upon ai Engineering and Traffic Department investigation herelofore made, as authorized by the prc~isions of Section 545.357 of the Transportation Code, V,T.C.A„ the prima facie speed limit of twenty (20) miles per hour for vehicles is hereby determined and declared to be prima facie reasonable and ask and such speed limit is hereby fixed for vehicles traveling within the following described school zones. l A. That the time periods for the reduced speeds for the school zones described below shall be from 7:30 a.m. until 8:30 a.m. and from 2:30 p.m4 until 3:30 p.m. on school days. The location of school zones described below shall be as follows to-wit: 1. Borman Elementary School Both directions of Parvin Street beginning 50 feet east of where Parvin Street intersects the center Sine of McCormick Stmt to 100 feet east of where Parvin Street intersects the center line of Mercedes Street. 2. Newton Rayzor Elementary School Both directions of Malone Stmt beginning 50 feet north of where Malone Stmt intersects the center line of Cordell Stmt to 100 feet north of when Malone Street intersects the center line of Emery Street. 3. Ginnings Elementary School Both directions of Stuart Road beginning 250 feet north of where Stuart Road intersects the center line of Imperial Drive to 175 feet north of where Stuart Road intersects the center line t /r of Sun Valley Street. Both directions of Sun Valley Drive from its Intersection with Stuart Road to 200 feet east of s ,1 tl CI where Sun Valley Drive intersects the center line of Yellowstone Place. i Both directions of Yellowstone Place beginning 300 feet north of where Yellowstone Place intersects the center line of Imperial Drive to the intersection of Sun Valley Drive and Yellowstone Place 4. Woodrow Wilson Elementary School Both directions of Windsor Drive beginning 275 feet west of where Windsor Drive intersects the center line of Bristol Street to 273 feet east of where Windsor Drive intersects the center line of Hanover Drive. Both directions of Hanover Drive from its intersection with Windsor Drive to JSO feet north- west of where Hanover Drive intersects the center line of Rockwood Lane. Both directions of Emerson Lane beginning 150 feet east of where Emerson Lane intersects the center line of Glenwood Lane to 350 feet west of where Emerson Lane intersects the center line of Rockwood Lane. S. Hodge Elementary School I Both directions of Grant Parkway beginning 380 feet northeast of where Grant Parkway intersects the center line of Deemvod Parkway to the intersection of Farris Road and Grant Parkway. Both directions of Fanii Road from its intersection with Silverdome Road to 200 feet north of where Farris Road intersects the center Iine of Grant Parkway, 6. Robert E. Lee Elementary School Both directions of Paisley Street beginning 475 feet west of where Paisley Street intersects the center line of Mack Drive to the Intersection of Mack Drive and Paisley Street. Both directions of Mack Dtive from its intersection with Double Oak Street to the intersection of Paisley Street and Mack Drive. 7. McNair Elementary Both directions of Hickory Creek Road beginning 765 feet west of where Hickory Creek Road intersects the center line of Montocito Drive to 430 feet east of where Hickory Creek ~r Road intersects the center line of Montecito Drive, Al tr. PAGE 2 6 c: e 8. Evers Elementary Both directions of Evers Parkway beginning 305 feet south of where Evers Parkway intersects the center line of Gardenview Sweet to 50 feet south of where Evers Parkway 1 intersects the center line of Robbie-0 Street. Both directions of Cobblestone Row from its intersection with Evers Parkway to 170 feet east of where Cobblestone Row Intersects the center line of Ashcroft I me, 9. Sullivan Keller Elementary Both directions of Wood Street beginning 230 feet south of where Wood Street intersects the center line of Davis Street to 300 feei north of where Wood Street Intersects the center lure of Davis Street, I Both directions of Ruddell Street beginning 230 feet south of where Ruddell Sbed intersects the center line of Davis Street to 300 feet north of where Ruddell Stmt intersects the center 5ne of Davis Street, Both directions of Davis Stmt from its intersection with Wood Stmt to the intersection of Ruddell Street and Davis Street. 10. Fred Moore Center Both directions of Mill Street beginning ISO fect west of where Mill Street intersects the center line of Cross Timber Sired to 100 feet west of where Mill Street Intersects the center line of Wye Street. Both directions of Wye Street beginning 150 fed west of where Wye Street Intersects the center line of Cross Timber Street to the intersection of 1.;+11 Sired and Wye Stmt. Both directions of Cross Timber Street froin its intersection with Wye Street to the intersection of Mill Street and Cross Timber Street. IL . Tomas Rivera Elementary Both directions of Newton Street bePinning 200 feet north of where Newton Street intersects the center line of Morse Street to 225 fed north of where Newton Street intersects with the center line of Wilson Street. r~ 0. That the time periods for reduced speeds for school zones described below shall be from r 7:30 a.m. until 8:30 am, and from 3:30 p.m. until 4:30 p.m. on school days. The location of school ! zones described below shall be as follows, to-wit: i PA08 3 7 a I 1. Strickland Middle School Both directions of Windsor Drive beginning 560 feet east of where Windsor drive intersects 11 the center line of Locust Street to 225 feet east of where Windsor Drive intersects the cotter j j line of Bell Avenue. li Both directions of Bell Avenue from its Intersection with Driftwood Trail to the intersection of Windsor Drive and Bell Avenue. 2. Calhoun Middle School Both directions of Congress Street from 130 feet west of where Congress Street intersects with the center line of Mounts Street to 200 feet east of where Congress Street Intersects with the center line of Denton Street. Both directions of Denton Street from its intersection with Congress Streit to 100 feel south of where Denton Street Intersects with the center line of Pearl Strect. ' Both directions of Mounts Street from its intersection with Congress Street to 190 feet south of where Mounts Street intersects with the center tine of Anderson Street. ! 3. McMath Middle School Both directions on Londonderry Lane from the its intersection with Teasley Lane to one hundred feet east of its intersection with Sam Bass Boulevard, C. That the time periods for reduced speeds for school zones described below shall be from 7:30 a.m. until 8:30 am. and from 3:00 p.m. unfit 4:00 p.m, on school days. The location of school zones described below shall be as follows, to-wit: 1. Ryan High School Bo .h directions of McKinney Street beginning 500 feet west of where McKinney Street intersects with the center line of the high school driveway to 525 feet east of where McKinney Street intersects with the center line of the high school driveway. 2. Denton High School Both directions of Crescent Street beginning 250 feet cast of where Crescent Street Intersects the center line of Bryan Street to 00 feet east of where Crescent Street Intersects with the center line of Fulton Street. Both directions of Bryan Street beginning 250 feet south ofwhere Bryan Street intersects the center line of Crescent Street to 1s0 feet north of where Bryan Street intersects the center line PAGE 4 ` 8 t of Linden Street. Both directions of Fulton Street beginning 150 feet north of where Fulton Street intersects the center line of Crescent Street to SO feel north -I where Fulton Street intersects the center line of Linden Street. D. That the time periods for reduced speeds for school zones described below shall be from 730 a.m. until 9:00 am. and from 3:00 p.m. until 4:30 p.m. on school days. The location of school zones described below shall be as follows, to-wit: I, Liverty Christian School Both directions of Bonnie Brae from 721 feet north of where Bonnie Brae intersects the center line of Willowood to 1820 feet north of where Bonnie Brae intersects the center line of Willowood. E. That the time periods for the reduced speeds for the school zones described below shall be from 1:00 a.m. until 9:00 a.m. and from 2:00 p.m. until 4:00 p.m. on school Jays. The location of school zones described below shall be as follows, to-wit: I. Immaculate Conception Catholic School t Both directions of Bolivar Street from its intersection with Second Street to its intersection with Thins Strut SECTION 2. That based upon an Engineering and Traffic Department investigation heretofore made, as authorized by the provisions of Section 545,357 of the Transportation Code, V.T,C.A., the prima facie speed limit of twenty-rive (25) miles per hour for vehicles is hereby determined and declared to be prima facie reasonable and safe, and such speed limit is hereby fixed for vehicles traveling within the following school zones. A. That the time periods for the reduced speeds for the school zones described below shall be from 7:30 a.m, until 8.30 a.m. and from 2:30 p.m. until 3:30 p.m, on school days. The location of school zones described below shall be as follows, to-wit I . Sam Houston Elementary Both directions of Teasley Lane beginning 325 feet east of where Teasley Lane intersects the center line of Pennsylvania Drive to 365 feet west of where Teasley Lane intersects the center line of Lillian Miller. SECTION 3. That based upon an Engineering and Traffic Department lnvest;gadon r a✓ le heretofore mode, as authorized by the provisions of Section 545.357 of the Transportation Code, V.T.C.A,, the prima facie speed limit of thirty-five (35) milts per hour for vehicles is hereby PAGE 5 9 t. I 1 pt I determined and declared to be prima facie reasonable and safe, and such speed limit is hereby fixed for vehicles traveling within the following described school zones. A. That the time periods for the reduced speeds for the school zones described below shall be from 730 a.m. until 9:00 am. and from 3:00 p,m. until 4:30 p,m. on school days. The location of school zones described below shall be as follows, to-wit: I. The Selwyn School Both directions of West Highway 380 from 450 feet east of where West Highway 380 intersects the center line of Marshall Drive to 1200 fat west of where West Highway 380 intersects the center line of Mesa Drive. SECTION 4. When signs are erected giving notice thereof, an individual adjudged guilty of exceeding the herein defined speed limits shall be guilty of a misdemeanor, and punished by a fine not to exceed Two Hundred Dollars ($200,00), SECTION S. The location of School Bus Loading Zones for the following schools shall be as follows, to-wit: 1. Borman Elementary The southc; most lane of Parvin Street beginning where Parvin Stmt intersects the east curbline of McCormick Street to where Parvin Street intersects the west curbline of Mercedes Road. 2, Oinnings Elementary The southernmost lane of Sun Valley Drive beginning where Sun Valley Drive intersects the east curbline of Stuart Road to where Sun Valley Drive intersects the west curbline of Yellowstone Place. 3. McNair Elementary The westemmost lane of Montecito Drive beginning 287 feet south of where Monttcito Drive intersects the south curbline of Hickory Creek Road to 407 feet south of where Montecito Drive intersects the south curbline of Hickory Creek Road, 4. Sullivan Keller Elementary The northernmost lane of Davis Street beginning where Davis Street intersects the west A; , curbline of Ruddell Street to I80 feet west of where Davis Street Intersects the west curbline l of Ruddeii Street, I PAGE 6 10 r u i r S. Strickland Middle School The southernmost lane of Windsor Drive b4n;ag where Windsor Drive intersects the west curbline of Bell Avenue to 900 feet west ofw1hen Windsor Drive intersects the west curbline of Bell Avenue. 6, Calhoun Middle School The westernmost lane of Denton Street from 196 feet south if when Denton Street Intersects the south curbliz,e of Congress Strad to 640 feet south of where Denton Street intersects the south curbline of Congress Street. SECTION 6. When signs are erected giving notice thereof, it shall be unlawful for any person to operate or park a motor veh?cle other than s school bus in a herein described School Bus Loading Zone. An Individual adjudged guilty of the provision of this section shall be guilty of a misdemeanor and punished by a fine not to exceed Two Hundred Dollars ($200.00). SECTION 7. That this ordinance shall be cumulativo of all other ordinances of the City of Denton defining school zones and school bus loading pones and shell not repeal any of the provisions of said ordinances except in those instances where provisions of those Ordinances are in direct conflict with the provisions of this ordinance. SECTION 8. That If In any section, subsection, paragraph, 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, Texiis hereby declares it would have enacted such remaining portions despite any such Invalidity. SECTION 9. That this ordinance shall become effective fourtw.. (14) days from the date of its passage, and the City Secretary is hereby directed to cause the Uoption of this ordinance to be published twice in the Denton Recordthronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its ps,;sage. PASSED AND APPROVED this the _ day of .109. v JACK MILLER, MAYOR r K PAGE 7 11 j 1 u I i ATTEST: JENNIFER WALTERS, CITY SECRETARY 8Y: j i APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ~jhWdtvtlaMs Dmmmlm*dGunct4M93ScMoltont ORD dot PAGE B 12 j (7 t. S N~ 3 AGENDA INFORMATION SHEET AGENDA DATE: August 3,1999 DEPARTMENT: Engineering & Transportation DCM: Rick Svehlo, Deputy City Manager W ,~1 JECTi AN ORDINANCE OF THE CITY OF DENTON, TEXAS rROHIB1TIN0 PARKING ON THE WEST SIDE OF FULTON STREET FROM LINDEN STEET TO CRESCENT STREET ON SCHOOL DAYS FROM 8 00 AM, UNTIL 4:00 P.M ; PROVIDING TWO HOUR RESTRICTED PARKING FROM 8:00 A.M. UNTIL 4.00 P.M. ON THE EAST SIDE OF FULTON STREET FROM LINDEN STREET TO CRESCENT STREET WITH A TWENTY-FIVE FOOT NO PARKING ZONE ON EACH SIDE OF THE 2 HOUR RESTRICTED PARKING SPACES; PROVIDING A TEN FOOT NO PARKING AREA ON BOTH SIDES OF THE DRIVEWAY WHICH IS ON THE EAST SIDE OF FULTON STREET; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILiTY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. BACKGROUND: This request is from Denton High School Administration and their PTA through the leadership of Milton Wallace and Cathy Nelson The attached letter provides the necessary information that staf has field investigated and found to be valid. The school is working to help the puking problems by adding several parking lots adjacent to the school also. OPTIONS: I. Approval 2. Disapproval RECOMMENDATION: Approval PRIOR ACTIOWREVIEW (Council. Boards. Commisilonsl Reviewed and approved by Traffic Safety Commission on May 3, 1999 FISCAL. INFORMATION 5400 for signage, paint and markings Respectfully submitted. A, er Clar I. Director inter' g & Transportation i c • Traffic Safety Commission Minutes- May 1999 a ITEM M4 REVIEW AND CONSIDER APPROVAL OF AFS11UWJ2 PARK= ON TH8 WEST SME OF U TON STREET BETWEEN LINDEN AND CRESCENT STREET, THE PROPOSED RESTWTION IS FOR TWO-HOUR PA_LMG g AM AND 4 PM; Clark said Ms. Kathy Nelson is present to address the Commisslon. There is "no puking" during the day from 8.00 am. to 4,00 p.m. see or here. It is also " no parking" right now. Parents AM VWDM have a difficult time visiting the school and getting in.. Apparently, the student puking is filling quickly. Staff observed that Staff's only change to the request, wbkb has been cleared with Ms. Nelso4 was to add 2! feet on each end to allow for line-of-sight issues on each We of this driveway, It is drawn where the future draloage is coming. Staff is hoping It will tot Be into these spaces. Proposals an so do some adjw%tments with Hinkle and Fulton There is a chance that the drainage nary tome throogb there and affect those eventually. It wilt be several years out Flooding occurs here too, so it will not hurt to have that 23 foot set back. This is another item when they have done their homework. Ms. Nelson gut Milton Wallace, the principal, to give his full support as well as the PTA, Based cn stairs observation the two lase widths arc odeguak and staff recommends this proposal to TSC with the small changes of 25 feet on each end and 10 feet on each stale of toe driveway. Riders asked wbere that dub mark is along Crescent Street, Is that reserved for flood arcs, and is parking allowed? Clark aid puking would be allowed semporriiy as sho.vn on their drswiag. A large pipe Is coming thmilb here. Then Is a chanuel that comes through the backside of all of this, ad It will dump into then. Staff is trying to be corefil and put everyone an notice that Jere may be some future issues with ft. This will be for several years out This is arcs also gets under water at times because the bridge Is loo small. Nelson told Clark that he stated it on the writ side. It Is on the east side. Wilms. said it is called out difTerendy in the Item aumber. Cluk aid that sbonld be eorre.1td to read on the east side as stated in she ttnt parsgrsph. Luce aid It U only Incorrect in the synopsis it the top. It is correct in the body. Clark said the drawings at right The Intent is to have the out side and leave the west it& is it is. knee aid that is no problem It can be corrected in the motion. Luce said having experience at dill location with a child in high school, be thinks it Is an excellent idea. Riders aid having lived on that comer for 16 years. It is a wonderful idea STAFF RECOMMENDLD: Approval COMMISSIONERS: Walters made a motion to accept changing the parking on the cut of Fulton between Linden and Creseat with 23 feet barriers as off has allowed, 2 hour r , parking from 8:00 am to 4. 0 p.m Monday through Friday. Sawko said he would lace ~ A to amend the motion to add the 10•root ckaranco on ash side of the driveway. Walters asked, isn't that a tequlremeot by the Statel Clark said you mid go up to S feet normally, Walters uld he sracnds his notion to include the 10doot parking on either side of the drive. Phillips seconded the moGoa. Motion pawed unanimously. c , v April 19,1999 . Mr. Jerry Clark City of Denton G $trset engineering Department Re: Fulton Street restricted parking In front of Denton High School Mr, Clark: At this time, the City of Denton has designated Fulton Street between Linden and Crescent as "No parking zones between 6wm.4pm." We would Ilke to prozxme to ohange the east aids of Fulton Street to be designated Nl"~ r parking sane between Bam-4pm". This change would allow the 1. 10 extra student spaose In the Fulton tat for parking and S extra spaces In the faculty lot by the cafeteria. 2. Parents and vlsit m piarty of spas for parking. There is never enough Vlshor Spaces In the lots causing parents to take students' assigned spaces. We would like for the west side of Fulton to rem* In "No parking bobv"n Sam -4pm." (see adtaohed map) H you have any questions, or need further Information, please contact me at your convenience. Sincerely, Millar Waifaoe Principal Denton High School Enoh map I ~!j"t c I 1~ DIN No omk PAW a*aA ~t~k. ~4 dvcty ~JT~`'F 12f'Gel»-''~'+t9~~+-S pw" { P4hettddeprLGL'4uc I7wvrtrrn~Udivnce~~99'd'io Pint UN TON HIGH doe ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS PROHIBITING PARKING ON THE WEST SIDE OF FULTON STREET FROM LINDEN STEET TO CRESCENT STREET ON SCHOOL DAYS FROM 8:00 A.M. UNTIL 4:00 P.M.; PROVIDING TWO HOUR j RESTRICTED PARKING FROM 8:00 A.M. UNTIL 4:00 P.M. ON THE EAST SIDE OF FULTON STREET FROM LINDEN STREET TO CRESCENT STREET WITH A TWENTY- FIVE FOOT NO PARKING ZONE ON EACH SIDE OF 1HE 2 HOUR RESTRICTED PARKING SPACES; PROVIDING A TEN FOOT NO PARKING AREA ON BOTH SIDES OF THE DRIVEWAY WHICH IS ON THE EAST SIDE OF FULTON STREET; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: S TEC ION 1. When signs or mat4ings are in place giving notice thereof, no person shall park a vehicle on school days from 8:00 s.m. until 4:00 p.m, upon the following street in the City of Denton On the west side of Fulton Street from its intersection with Linden Street to its intersection with Crescent Street. On file east side of Fulton Street from its intersection with the north curbline of Linden Street north for 25 feet. On the east side of Fulton Street fro. 'a its intersection with the south curbline of Crescent i Street south for 25 feet. On the east side of Fulton Street from the north edge of the radius of the driveway north for 10 feet and from the south edge of Oc radius of the driveway south for 10 feet. SECTION 2. When signs and markings are in place giving notice thereof, nr person shall park a vehicle on a school day between 800 a.m, and 4:00 p,m. for more than two hours on the east side of Fulton Street from 25 feet north of its intersection with the north curbline of Linden Street to 25 feet south of its intersection with the south curbline of Crescent Street. 5,27TION . The provisions of Section I or Section it prohibiting the parking of Vehicles <<,all apply at all times to the designated portion of the above named strut or streets except when it is necessary to stop a vehicle to avoid conflict with other traffic or in c.,rnpliance with the direction of a police officer or official traffic control device. USTION 4. That all provisions of the ordinances of the City of Denton in conflict with the provisions of this xdinanc: are hereby repealed, and all other provisions of the 4 F t1 u a ordinances of the City of Denton, not in conflict with the provisions of thi. ordinance, shall remain In full force and effect. SECTION S. That if any provision of this ordinance or application thereof to any person or circumstance is held invalid, such invalidity shall not affect the other provisions or applications, and to this end the provisions of this ordinance are severable, SECTION b. Any person adjudged guilty of parking a vehicle In violation of this ordinance shalt be guilty of a misdemeanor and punished by s fine not to exceed Two Hundred Dollars ($200.00). TIC ON 7. That this ordinance shall become effective fourteen (14) d tys 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, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage, PASSED AND APPROVED this the day of .1999 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY l 1 BY• S I 1 ` 1 ~p ItpNld~ No..,.-11 ' •~D AGENDA INFORMATION SHEET AGENDA DATE: August 3, 1999 DEPARTMENT: Parks and Recreation ~A~C~pM~:: Rick Svehla~i [ SUBJECT., A Resolution authorizing the submission of an application to the North Central Texas Council of Governments and other appropriate agencies relating to the nomination of Denton's Historic Union Pacific Freight Depot for funding under the Transportation Equity Act for the 21" Century through the Statewide Enhancement Program; and providing for an effective date. BACKGROUND: At the work session of July 27 h, the City Council directed the staff to prepare a resolution authorizing an application for funds to preserve the Union Pacific Freight Depot, located on East Hickory Street. The Council also directed staff to pursue all other strategies to move the depot off railroad property in accordance ith a current agreement with Union Pacific, in order to prevent demolition. OPTIONS: Adopt the proposed resolution, or amend it if desired. RECOMMENDATIOLN Adopt the proposed resolution. PRIOR ACTION/REVIEW: City Council directed staff to draft a resolution authorizing this grant application for j consideration at the August 3, 1999 regular meeting. FISCAL INFORMATION Should the grant be awarded, the City will be responsible for 20°/. of the project costs. Total project costs are estimated at 5417,000, the City's share would be $83,400. The funding source for the local share is unspecified at this time, but would have to be determined prior to the start of the project. Possible sources include the next bond program, annual appropriations and contributions from private entities. I 1 r 1 I r EXHIBITS, 1. Resolution 2. Application ReapectfidIy~submitted: Ed Hodney, Direct9 Parks and Recreatfon i I I I I 2 C 1 r[II.LGi~Ol17MMNRR'14lQrOr~emFrMlr 1~WrN INr M1 hiy A,a~ . K RESOLUTION NO. A RESOLUTION AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND OTHER APPROPRIATE AGENCIES RELATING TO THE NOMINATION OF DENTON'S HISTORIC UNION PACIFIC FREIGHT DEPOT FOR FUNDING UNDER THE TRANSPORTATION EQUITY ACT FOR THE 21sT CENTURY THROUGH THE STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 1995 the Union Pacific Railroad (UPRR) donated to the City of Denton its abandoned historic freight depot built in the late I800's located on East Hickory Street in the City with the understanding that the depot would be moved from UPRR property; and WHEREAS, the abandonrd depot should be eligible for listing in the National Register of Historic Place but is in poor condition and deteriorating rapidly and has been placed on the City's priority list of historic preservation projects; and WHEREAS, the Historic Landmark Commission and others have been working widt City Staff to identify a strategy that would save the depot from demolition; and WHEREAS, the most attractive strategy involves the relocation of the depot to the City Parking Lot on East Hickory Street just cast of its present location and restore the depot for a public transit related use such as a Wait Station for the City's public transportation system and possibly as a "Trail Head" for the proposed Denton Rails to Trails Project; and WHEREAS, it is estimated that it will cost $417,000 to renovate the depot so that it could be used for a transit hub which would house transit administrative staff, provide testroom facilities for staff and public, passenger inform atiordticket booth and community meeting facility and the current city budget only rrovides $25,000 for the relocation of the depot; and WHEREAS, the depot renovation project may be eligible for funding under the Transportation Equity Act for the 21" Century (TEA-21) if nominated by the Statewide Transportation Enhancement Program within the category "Rehabilitation and Operation of Historic Transportation Buildings, Structures or Facilities (including historic railroad facilities and canals]"; and WHEREAS, Transportation enhancements are funded through the Surface Transportation Program (STP), administered by the Texas Department of Transportation (TxDot) for the Federal Highway Administration (FHWA) of the U.S. Department of Transportation (USDOT) and provide reimbursement of up to 80% of allowable costs if the City commits to expending at least 20% of the project's allowable costs as a local funding match; and 3 i t I a WHEREAS, the City Council finds that the payment of the above local funding match by the City of Denton, Texas would be an appropriate expenditure for the benefit of the health, safety and welfare of the citizens of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City Manager is authorized to complete applications and forms and provide exhibits, documentation and other materials necessary to seek the nomination of the historic Denton Union Pacific Railroad Freight Depot Reno~;idon Project for the Statewide Transportation Enhancement Program and forward the City's request for TEA-21 funding to move, renovate and restore the Depot to the North Central Texas Council of Governments (NCTCOG), T%Do4 FHWA, USDOT and other appropriate agencies. SECTION 2. That this tcsolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 11999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY l By: rr, !y f r i 4 c e NOMINATION FORM • 1999 STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM 1. PROJECT NAME t retQ7 ~c neric~VOIC~O.-~ ll. NOMINATING ENTITY NA'~F. Ct- M Or b'°~~ TYPE OF NOMINATING ENTITY. Please check the approprlate category. r7County City C-An Agency of the State CLoul Truneit Operator C,State Agency i.,Metropor&i Planning Orgsnlzatbn (MPG) 17...Coundl of Governments CONTACT PERSON V-ertx0ira. jkoker~ TITLE b~~c 4 vav~s~or}ic~,~ CcJOra~r~cto.~ MAILING ADDRESS .015 S. Mtr-% ae CITY Mvlr'~P STATE--f -_ZIP CODE--l ke ',-Dl DAYTIME TELEPHON£4422djt CFAX No. - I - -13 7 EMAIL YS r D l en ®Gt}u OF d en~n , C 1 4 Signature Date AN AUTHORIZED REPRESENTATIVE OF THE NOMINATING ENTITY MUST SIGN THE NOMINATION FORM. III. SPONSORING F.4TITY(If Applicable) NAME CONTACT PERSON S I Nissan i I i , TITLE MAILING ADDRESS • CITY STATE ZIP CODE DAYTIME TELEPHONE FAX No. EMAIL IV. PROJECT ELIGIBILITY. The proposed project must have a direct relationship to the surface transportation system by Function or Impact. Please check only one box. 7 FUNCTION I- IMPACT V. ELIGIBLE CATEGORIES. Check only one category In which the project has a primary activity. 1. Provision of Facilities for Pedestrians and Bicycles 2. Provision of Safety and Education Activities for Pedestrians and Bicycles C, 3. Acquisition of Scenic Easements and Scenic or Historic Sites r7. 4. Scenic or Historic Highway Program (including the provision of tourist and welcome center facilities) 5. Landscaping and other Scenic Beautification r . 6. Historic Preservation 7. Rehabilitation and Operation of Historic Transportation Buildings, Structures or Facilities (including historic railroad facilities and canals) j 8. Preservation of Abandoned Railway Corridors 1 (including the conversion and use thereof for pedestrian or bicycle trails) 9. Control & Removal of Outdoor Advertising 7- 10. Archaeological Planning & Research 11, Environmental Mitigation of Water Pollution due to Highway Runoff or Reduce Vehicle-caused Wildlife Mortality while Maintaining Habitat Connectivity i > ~ 12. Establishment of Transportation Museums VI. PREVIOUS ENHANCEMENT PROGRAM PROJECTS Has this project been submitted in previous Transportation Enhancement Program calls? (as 7.. No d, Is this project a part of another prevfously selected Transportation Enhancement pr*.-O i This project wri previously ladudod Ind* Denton Aril traits project funded Ihougb State Enhancements. However the xhabilitxiooOr a on of" historical depot bas been rewvd from that project Tbls project is t 7ng resubmitted for use as a tnuuh suer. 6 f 1i1 1 I 1 F. Yes I ~ No If yes, please describe. i r I 3 VII. PROJECT DESCRIPTION AND LOCATION Project Loca Ion: S00 4_ . F4i cKOr 1s S~ CITY -t e)C-.Ay - COUNTY TxDOT DISTRICT(S) 7otlkot S Project Limits: Detailed Scope of Work- The Denton Freight Depot Is located on Uniea Pacific Railroad pop" in the 300 block of Fast Hickory Stmt in Denton, Tcu& This facility, which Is believed to have been owabuctod igabeVle 1800's, Is rapidly deteriorating and has been scbe&ded for demolition by the railroad 8ecatde of it's historical vahte to the Denton community the city bas wooesdOly petitioned the railroad to donate the property to the Qty of Dentoo provided that the buildiagbe relocated to city owned property. The proposed site for relocation of the depot is spMxhoeb 300 feet from the edsdng locadm Harem plans for the depot project include relocation of the butl&gand amcbed platform and renovation for a public msportation related use such u a waiting station for the city's public truuponadon system t and possibly is a "Trait mC for the propoW Denton Rail Trails project The fadlity world bow transit adxuw=tr a staM prmide restrom futilities for staff and the public, passenger infortnatir&kWw . booth and t community meeting racility. i 7 i i r f ' h ti I Vill. PROJECT TIME LINE Ac6gd Timeline Relocate budding to project area 1 mouth Development of plans and specification 3 months ReMIdiOnlConstruction Actinides 9 months JJ 1 i IX. PROJECT USE AND BENEFITS Ome completed the facility will sern as a poseeW stadoo for the public transit system and posttr'bly a rest area or "Trail Head" for the Demon Trails Project. Admidonitive oNkw Od wih be available for Wormationld" booths will also be housed them Adcldoma:ly, meeting space community on sttd public education acthites. The entire community will benefit from the operadoo of, dus facility. s i j ICI X. ITEMIZED BUDGET Quantity Ue11 Pr1ce Cost Preiiminary Engins!~ - Work Acuviues: En ineetin 29 000 rchitectuaI Total Preliminary Enginteriag Costs Eovironmtotal Costs: Work Activities Asbeeto 20 000 an ngency Tolai Environmental Costs NO Property Costs: Work Activities: Total Real Properly Costs Construction Costs: Work Activities: Exterior transit area 600000 buildin relocation move 25 000 exterior walls 280000 uAL 12-1 Total Construction Costs i TOTAL ITEMIZED BUDGET. 619 000 A HVAC 160000 r}., r Electrical wiring l9'200 ` Phone cables 207,200 ,000 Landscaping 9 1 1 ( l►t. FUNDS REQUESTED Total Itemized Budget (from page 5) 1. S 417 , 000 In-Kind Con'Autions Of applicable): Real Property S Cash S Materials S r Services $ Toul In-Kind Contributions 2. S Subtotal Value of Project (Line 1 + Line 2) 3. S_ 417,000 AdministrativeExpeats(20%ofline 3) 4. $ 83,400 Total Value of project (Line 3 + Line 4) 5. S 500,400 Local Match- 100, 089 20°.i of Total Value of Projects (Line 5) 6. S Less In-Kind Contributions (Line 2) 7. S Local Match (Line 6 less Linen 8. S 100 , 080 Federal Funds Requested (SWP of Linc S) 9. S 400,320 This spaoe for TxDOT use only I i Y'. j 10 i y l i 1 r XII. COMMUNITY INVOLVEMENT to 1993 the Union Pacific Railroad applied fora permit with the City of Denton to demolish the freight depot. Because of the railroad's slpificance in the formation of Denton's early economic vitality, loaf historic preservationists have ral lied to find a way to preserve the stricture. The depot is tvrrendy listed as a prioriy on the city's priority list of historic presenation projecm h Is also eligible for listing in the historical register of historic planes. Additionally, the Denton community, represented by the Denton City council, Eu expressed support for preserving the Mcture and restoring it for a public transit related Use. I )III. PROPERTY ACQUISITION INFORMATION Will Property to be acquired for the CYES NO project? i Who owns the property?.- Describe how the property is to be acquired: , This property was originally owned by the Union Pacific Railroad but has been donated to the City of DcntorL tl I~ i ' r c: XIV, MAINTENANCE Maintettattoe actividd Incltdiag janiwdd support, buildicg mtkwunm utilities &W natural ps is 1 estimuts at 520,000 per year, fuading for mabanu= octiva ails be inchtded in the City's uwual program of services and maintained by the Focnitia M umiemm Drpartrcta XV. ENVIRONMENTAL. PROJECT IMPACTS 'r Cost estimates for removal of asbestos and lad based paitrta has boon wchded m the project mma. Additional anironatemal claranoa and permits will be obtabtd pint to project impkmentadon. This projw as sMtiaaai positive impacts oa the eavirommt by p rAcling enhaammem tothe transportation system and getting mote pwoe out of their ca-s and onto public transportation t, i i Iq XVI. PERMITS AND CLEARANCES Navigational Permits (Section 10) Yes _ No Section 404 Permits (Wetland Regulations) Yes - No~ Section 106 Clearance (Archeological and Historical Studies) Yes _ No T National Pollution Discharge Elimination System Yes _ No Section 4F (Historical Studies/Parks) Yes No Other _ Yes No XVII. CERTIFICATION OF FUNDING AND SUPPORT This document should be labeled - CERTIFICATION OF FUNDING AND SUPPORT XVIII. INTENT FOR TRANSPORTATION IMPROVEMENT PLAN (TIP) PLACEMENT This document should be labeled - INTENT FOR TIP PLACEMENT AN ORIGINAL AND TEN COPIES OF THE COMPLETED NOMINATION FORM MUST BE SUBMITTED TO A TXDOT DISTRICT OFFICE BY 5:00 P.M., AUGUST 9, 1999 13 1 XVIII. INTENT FOR TRANSPORTATION IMPROVEMENT PLAN 4 North Centrar Texas C "Jincli Of Governments ' . July 29, 1999 Veronica Rolen Public Transportation Coordinator city ut Denton 215 E. McKinney Denton Texas 76291 RE: Intent For Transportation Improvement Plan Placement Denton Depot Renovation Dear Ms. Rolen: Thank you for submitting your Statn,vlde Transportation Enhancer,tent Program (STEP) project to the North Central Texas Counc (it Governments (NCTCOG) for Metropolitan Planning Ofgenization (MPO) review. As per Regional Transportation Council (RTC) procedures adopted at the May 13, 1999 meeling, NCTCOG has acknowledged that, 4 selected by the Texas Transportation Commission, your project will be eligible for inctuslon in the Transports. lon Improvement Plan (TIP). Should your application be approved for funding by the Texas Department of Transportation (TXDOT), the RTC will Include your project In the TIP for the Dallas-Fort Worth region. j " Our review included two consistencylconformity evaluations: (1) consistency with Mobility 2424: The Metropolitan TransooAation Plan, and (2) conformity with air quality attalnment ' requlrements. Consistency With Mobility 2020 was based upon the Transportation Enhancement Chapter found In the Plan and the categories Identified as,eligble'lor STEP funding. Air quality conformity was evaluated by, two types of STEP p'rojeotn h have no G~niem Imoact Protects, are t ,ose such as historic, scenic, or landscaping w transportation function. These projects did not provide for new capacity for automobile traffic and were therefore consislent with air qualityrequirements. Svs(em Function Prole e. are those such as Trolley development or construction of bicycle faciliges or;aldewalks, which provide for the movement of people. These types of projects did,not prgvlde for new capacity for automobile traffic, actually provided altematide8 to Single Occupant Vehicle (SOVj travel and therefore, were consistent with airquallty,requirements NCTCOG Is transmitting this correspondence to.you•for you to attach to your eppllcst{on(s) prior to your submittal to TxDOT, This is the required document under STEP Applicatl.n Section , XVIII. Intent for Transportation lmpro'vemant Plan PlacamenL The deadline for STEP submittals r to TxDOT districts is August 9, 1999 and must be submitted by your entity, Project sponsors and/or nominating entities must deliver the project to l xDOT before the August 9:1999 deadline. t 1w; GIs six A;p otia aprw p. Q 9er eee0. (811) 6404M fM 111446110e Qae-nswaea saAW 14 I I ' c t i r ( r~ ,r Koti ~yj ti ray wt *r ♦j i 9 r0 +r'f ti'. r'1 ! • r, ~ f ' 1^ J !Y-• 4~ ~S r 7 iklt j f s 5 ri J ~iYT Ve":!{,j j 7ti~r 5 «r fi .'y.r ' m'fr ~~ft I:T II> (l~ •~t i jL 'efl` ,1 ~i {,y ! yy r r ! • 91 tea}rs l ° ~ r ~ r r / n ' Y(j SrIW! ~r,L ~wj~~r~ 1 ItFl- I, a r..} , r tY. t+ ~r ! g-O ' S. §ZPegeTY+O JI0'(' 3 i } T , rf'.le' ,r f+L wY~\. 1T • r n • { t I I: r t}~f rtit r , r i'>,TS~t •n,tlyi, n~G ✓L I iI r( rr r~~ IF If you have any comments or "sums regenflog STEP 6pplfce8on procedures, please feel tree ; to contact me at (817) 8959240. r rl i r''r t r r5}rlri w ' r I. sincerety s aeI Mortis, P E. Director of Trenspcrtatlon PTab . cc: 1998-99 UPVYP 3,o1 Element Project File 1 r I' r 1 -7 t I rr~ +r~l} 5 ;I i! r }LL'. a'«r s1Sf Je t aw r it ,r ° I 5.~1~ J•,. r`; f+r. (vKl!-'ilt . T u 1 r t 7 t k 1, r}~ ! r iPr' r1 w r r • 51 y l iui~ r 1 ~'1 t K ~wS l; . r r r rF~rv~lf±1 15«rf 'isJ YyI ~rN rH It 5 F A ~ „ 5T317~tir,~t ..ri'fr~5~f~l 4'~~{pyn f5r « i}~LF'✓yY~ wy~'h ' . ,r r • ,?'i~ ~ 1 r ' : ~ i .'IS ~ ; w yr r , , i' r ~.~f~'.~'~(1 ' S ° 5 i I, r ti 1 r+ ' is ,r R1;j1}•,T; t!"ii r5~ft° S. ~Tr S'~'~f~d ~ I aY a 'i 5,1 ♦♦~~•C.4~'''1Yi/ 7~ t~T 5 i. `fr rr~~ r41 L~xr 1l r i;, si x !15 rM ~J,ia ~tr~1~L711 'I J ~(f}' -i Lr 1 a { y. !rp( ,.,~TJr~, rr{ 1 Y wr r na.~''.I yr _r»{'T' I Fiy ,r r ,~.5+ +l. la C ! 5 w 't ~1 >w I uY, It: • "I ' ! 11., ' r h r ! l+. 1.%~~.4,f~: a ' i I I • 5 s SO I 'k I s r d.i• • \ t rt1 r; ♦ '.ti r r -t, t w` s ' ~a 5 r:.fJ F.iyll 1 n ! ri iM. Iir'e •fY T +'~YlCja 1?1r i t. 1 l }rr.► .1 r5.53 ra.5 Lots `J,'r a y ,r r Tr"Y-r r, ♦ 5r 'R r ' Ali . r rr y Y1~ r v r ~r O t ,55 y'H , rlw~ti i'T ~7j1'Yiyy~~., «r~v' vf~ r 5h if fa• / 1 I , 1. r r • 'j Y.,,r r'•~L!C } I f. k` t f 1, i t r, 1( 7 r IS '!r? Y~ r Y riltl~~l•~Ir 5 r I v..F il41♦ r'. 7 7 • a y ~ ' "%~y1 r ; ~,r i "f r r,4Y1 i a r' • , 114A.'1 •1 f t;t rlkrl. '~7,f irlf C V1 te.:i Y13c-rC'~r +~ti~` f • 1t-0.. I J ' w S w w{ , In Y .s JI• •q \1 L~1•rfy~.lr 1 i '`111. fI 1 .off dri~T `S yi 't i.2~ t\~ K tr9Li'Y '+'~+N 2g 19x19 1i y,W ' r. .:Page Three w if :I r} •^t 7~`~ ~`l ~ t*' '•1J, c ~ I. v3`~ ,+f11. ~ S F ~ 4f~ .r t•t t1 +~.w.• ~ -.Yi'f9 Jl tJY; r, . -fir , ~F.a.Jrr ~ J ~ r Fj~ 4k 1~ a-~r • J'.,•7 • , +tii t,.~ ra :''r,T1' •4! YET j t"11~~~~~ ~•~{f~111~w1 s:7 _ r' .4i' p I IL.•y /~7r ?1'tr 4~. I, t, I. t \ S;'.. ' - We -also reAe fired your appllcstion for completeneee " nny mfedrp Hema are fisted below Signa~ute of aulhorizsd repreeeniative . Cerlificotion of funding and slu poi + Page 8 of application I Please Compiele these items before submitting your project to T%DOT• if no Hems are listed then no missing *items were Identified by NCTCOG staff. , 1 i r I I/ f JI ~1 . 1 f r 1, • +Ip1 r. 6..1 IYy I .lt, Yl • Le I" ~ 1 t•E • ♦ .t Y' 1 ' '.11 ~ V / 1 it ' y• .J •J •y ~.i 1 ' ~ •t ` i 5 s " ~~I..1 . t ~ 1. f S r r r i ~j ° t O I 4P " • 1 'i r Y 'jlrl 1 / Y I rt+~tl t ? "A~'~1 x.1ti1~`' Q '('~.1' F t ~ /fir '~1 • t 14;, l r r. L 1 J f r r i Yi `i t ¢+.T, 1 y~11 r• .r!•.` r f~ r Yfr'q R• y'~ A't•7. i',4 r s i ~i ..J 4i: 47 r Iyri FfYt Yi/l~1 : Ppl•~(i tY.y~1ln !nJ ~4 ~r+~(apiy ' 1 ~ ~r}1 e9~.'L 57 n•.4~Ii.\Sl .r~47o~•~S rI. ~LJ',4 t..~•~fI/ 7•r •}i 4fatl 1 AI ~P• I , ~ Z4, ~•jr tJ141 ~.~/S4.,v i f, r."RA.4` r ✓'S ~y1~.4t \ 16 Ape A Nn AW4s INm AGENDA 1NFOMI[ATION SHEET AGENDA DATE: August 3, 1999 Questions concerning th;s acquisition may be directed DEPARTMENT: Purchasing to Rick Svehla 349-8307 AChl: Kathq DuBose, Fiscal and Municipal Services SUDdECT: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT FOR PLANNING SERVICES TO ASSIST THE CiTi, WITH THE REWRITE OF THE DEVELOPMENT CODE WITH FREGONESE CALTHORPE & ASSOCIATES; AU7IIORIZING THE EXPENDITURE OF FUNDS THEREFOR: AND PROVIDING AN EFFECTIVE DATE (PROFESSIONAL SERVICES AGREEMENT (PSA) 2404 FOR FREGONESE CALTHORPE & ASSOCIATES IN THE AMOUNT OF 550,440 FOR PHASE 1). BACKGROUND: The City Council has deemed it in the public interest to hire the professional planning firm of Fregonese Caltho:pe & Associates to assist the City staff in the Development Cade Rewrite this project will be done in phases with PWc I to begin in the 1999 Fiscal Year. RECOMMENDATION& We recommend this Professional Services Agreement with Fregonest Calthrnpe & Associates, for Planning Services be approved in the amount of $50,440. ESTIMATED SCIIFDLtLE OF PROJECTi , Start date upon execution of completion of Phase 1 is set for Septemver 30, 1999 and contract completion is set for October 31, 2000. FISCAL INFORMATIn, The total Professional Services Agreement is for $252,57S, initial cost for Phase I Is $50,440 funding will come horn the following accounts, a City Managers Contingency 100-041.020NI-8923 828,400 a Electric Department 610.105.1OS1.9300-8502 $ 6,000 • Water Department 620-081.0450-8502 $ 61500 Westewater Department 625-082.0451.8923 $ 61500 it, 4 a Solid Waste Department 630-0240802.9155 S-6.494 Total Amount $50,400 k t U AGENDA INFORMATION SHEET AUGUST 3,1999 PAGE 2 OF 2 PROFESSIONAL SERVICES AGREEMENTINFO ATI N: PSA 2404 :s for Professional Services Agreement for the firm of Fregoneae Calthorpe & Associates to assist the City with the Development Code rewrite including, without limitation, t'ae revision of the City's zoning code and subdivision regulations, and miew of the comprehensive rewrite, all the services set forth in the Scope of Work for Development of a Revised Land Use Code fa the City of Denton. RespectHly submitted: Tom Shaw, C.P M. 349.7100 Purchasing Agent ' i Prepared by. DeniseHarpool ~-~Ch Senior Buyer 124l.AGENbA 4 / r i I t ORDINANCE NO. _ AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT FOR PLANN1140 SERVICES TO ASSIST THE CITY WITH THE REWRITE OF THE DEVELOPMENT CODE WITH FREGONESE CALTHORPE & ASSOCIATES; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE (PROFESSIONAL SERVICES AGREEMENT (PSA) 2404 FOR FREGONESE CALTHORPE & ASSOCIATES IN THE AMOUNT OF $50,440 FOR PHASE I). WHEREAS, the City staff, under the direction of the City Council, is in tl,: process of revising the Comprehensive Plan, and, in conjunction therewith, needs to prepare it Development Code which will include the revision of the City's comprehensive zoning ordinance, as well as the subdivision regulatlnns; and VPREREAS, the City Council deems it in the public interest to hire the professionrd planning firm of Fregonese Calthorpe & Associates to assist the City in this Development Lode rewrite; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION 1. That the City Manager is hereby authorized to enter into a Professional Service Agreement with Fregonese Calthorpe & Associates, substantially in the form of the Agreement attached to and made a part of this ordinance for all purposes, for the purpose of acquiring professional planing services to assist the City In preparing a Development Code, E SECIION II. That the City Manager is hercby authorized to make the expenditures as required in the attached professional Services Agreement. SECTION l1, that this City Council has found and determined that the meeting at which this ordinance is considered is open to the public and that notice thereof was given in accordance with provisions of the Ttxas open meetings law, Tex. Oov't Code ch. 551, as amended, and that a quorum of the City Council was present. SECTION IV. That this ordinance shall become effective Immediately upon its passage and approval PASSED AND APPROVED this the day of _ ,11999 JACK MILLER, MAYOR r ATTEST: IENWER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: RERBERT L. PROLTY, CITY ATTORNEY BY: l lMNA'~ALbr prsOWMM1~~t~0wni ~ ' PROFESSIONAL SERVICES AGREEMENT FOR PLANNING AND RELATED SERVICES FOR THE DEVELOPMENT OF THE DEVELOPMENT CODE REWRITE i STATE OF TEXAS 4 COUNTY OF DENTON THIS AGREEMENT is made and entered into a! of the day of , 1999, by and between the City of Denton, Texas, a Texan municipal corporation, with its principal office at 21S East McKinney Street, Denton, Denton County, Trxss 76201, hereinafter called "CITY" and Fregonese Calthorpe & Associates, with its corporate office at 421 S.W. 6'" Avenue, Suite 1010, Portland, Oregon 97204, bereinafter called "CONSULTANT;' acting herein, by and through their duly authorized representatives, WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 I EMPLOYMENT OF CONSULTANT The CITY hereby contracts with the CONSULTANT, as an independent contractor, and the CONSULTANT hereby agreea to perform the scivices herein in connection with the Project as stated in the sections to follow, with diligence and in accordance with the highest professional slandarda customarily obtained for such services in the State of Texas. The professional mviees set out herein are in connection with the following described project: The Project shall include, without limitation, planning and related services for assistance in the Development Code rewrite, 1 ARIICLE2 SCOPE OF SERVICES The CONSULTANT shall perform the following services in a professional manner A The CONSULTANT shill perform planning and associated services to assist the CITY with the Development Code rewrite including, without limitation, the revision of the Denton zoning code and subdivision regulatlons, a review of the comprehensive plan reu cite, and all the seniees set forth in the Scope of Work for Development of a Ravisad Land Use Code for the City of Denton, Texas submitted by CONSULTANT, which is attached hereto and made a pan hereof ac Exhibit "A' u if written word for word herein ' ` B, .Asa part of its work, CONSULTANT shall consult with and meet with the City Council, the Planning and Zoning Commission, Oc City Managor, the Assistant City Manager for. Development Services, the City Attorney, outside legal counsel, other consultants, { I i I I I I i I members of the City staff, and the 15-member Council appointed Code Committee as may be necessary to perform all +spccu of the services set forth herein and in the attached Exhibit "A". This will include coordinating with the City Manager, the Assistant City Manger for Development Services, and their staff to efficiently perform the services required, C. CONSULTANT shall provide periodic oral and written reports to the City Council, the City Manager, and Assistant City Manager for Development Services as may be deemed necamy to perform the services set forth herein, i D. CONSULTANT shall petfoma all services required in a timely fashion, and shall complete same in compliance with the schedules as set forth in the attached Exhibit "A". B. If there Is any conflict between the tens of this Agreement and the exhibits attached to this Agreement, the terms and conditions of this Agrecmrm will control over the terms and conditions of the attached exhibits er task orders. PERIOD OF SERVICE i This Agreement shall become effective upon execution of this Agreement by the CITY and the CONSULTANT and shall be effective for 14 months from the date of this Agreement tluough October 31. 2000. This Agrer,nent may be sooner terminated in accordance with the provisions hereof. Time is of the essence in this Agreement. The CONSULTANT shall make all reasonable efforts to complete the smices set forth herein as expeditiously as possible and to meet the echedule established by the CITY, acting through its City Lv,ana jer or his designee. Should completion of the City Comprehensive Plan be delayed for any reason that causes any delays in the delivery of the services identified In this Agreement, the CI'T'Y and the CONSULTANT shall mutually agree to a revised schedule that will be allowed to extend beyond the October 31, 2000 termination date A8. tLC1.F9 COMPENSATION A. COMPENSAf10NTERMS7 1, 'Subcontract Expense" is defined as expenses Incurml by the CONSULTANT in employment of others in outside firms for services in the nature of planning and related senices feu the developmol of the Development Code rewrite- T'ils "I include the subcontracting of Davis & Hibbitts, Inc. and LRI{ Detign Ressaeh. a 2. "Direct Non-Labor Expense" is defined as that expense for any assigrtrttent incimc! by the CONSULTANT for supplies, traropottation and equipment, travel, commwilcatiuns, subsistence, and lodging away from home, and simile incidental expenses In connection with that assignment. Page 2 k ~ I I i I B. BILLING AND PAYMENT: For and in consideration of the professional services to be perfonmed by the CONSULTANT herei, CITY agrc" to pay a total fee, Including reimbursement for direct non-labor expen, . rat to exceed S252,S75.00. For the prxiod between the effective date of this Agreement and September 30, 1949, the CONSULTANT shall perform services related to Tasks 1, 2, J. and 23 as specified in Exhibit "A" with related expenses not to exceed $50,440,00. Ora and after October 1, 1999, and upon receipt of written notice to proceed from the CITY, the CONSULTANT will continue with the rem"or of the tasks identified in Exhibit "A". Partial payments to the CONSULTANT will Le made on the basis of detailed monthly statements rendered to and approved by the CITY through its City Manager or his designee; however, under no circumstances shall any monthly statement for services exceed the value of the work performed at the time a statement Is rendered. The Cts Y may withhold the final five percent (S%) of the cunln tel amount un:11 wnTletion or the Project. Nothing contained in this Ankle shall require the CITY to pay for any work which is unsatisfactory, is reasonably determined by the City Manager or his designee, or whicb is not submitted in compliance with the terms of this Agreement. The CITY shall not be required to make any payments to the CONSULTANT when the CONSULTANT Is in default under this Agreement It is specifically understood and agreed that the CONSULTANT shall not be authorized to undertake any work pursuant to this Agnevir,ent which would require additional payments by the CITY for any charge, expense, or reimbursement above the maximum not to exceed fee as stated, without first having obtained written authorization 6c:u the CITY, C. PAYMENT: If Coe CITY fails to make payments due the CONSULTANT for r - vices and expenses withln 60 days after receipt of the CONSULTANT's undisnut, d i own xut thereof, the amounts due the CONSULTANT wi',i be increased by the rot- r ; tu,e y rent (1%) per month from the said 606 day, and, in addition, the CONSULT P 4T ma-, after giving seven days' written notice to the CITY, suspend services urx'x t is /.p.eneratt until the CONSULTANT has been paid in full all amounts due for smvicr., expenses, and charges, provided. however, nothing herein shall require the CITY to pay the late charge of one percent (I 0K) set forth herein if Ile CITY reasonably determines that the work is unsatisfactory, in accordance with this Article 4, "Compensation." ARTICLE 5 ! r' a OBSERVATION AND REVIEW OF THE WORK The CONSULTANT will exercise reasonable care and due diligence in discovering and promptly reporting to the CITY any defects or deficiencies In the work of the CONSULTANT or any subcontractors or subconsultsnts. Parse 3 r ARTICLFF, OWNERSHIP OF DOCUMENTS All documents prepared or fumished by the CONSULTANT (and CONSULTANT's subcontractors or subconsultants) pursuant to this Agreement are instruments of service, and shall become the property of the CITY upon the termination of this Agreamew be CONSUL'i'AN'I' n entitled to retain copies of all such documents. no documents prepared and fumished by the CONSULTANT are intended only to be applicable to this Prujoct, and CITY's use of these documents in other projects shall be at CITY's sole risk and expense. In the event the CITY uses any of the information or materiaLA developed po4suant to this Agreement In another project or for other purimics than specified herein, CONSULTANT is released from any and all liabitity relating to their use in that project. ARTICLE 7 INDEPENDENT CONTRACTOR CONSULTANT shall provide sen'ices to CITY as an independent contractor, not as an employee of the CITY. CONSULTANT shall not have or claim any right arising from employee status, I ARTI.IQLE S INDEMNITY AGREEMENT The CONSULTANT shall indemnify and save and hold harmless the CITY and its officers, agents, and employees from and against any and all liability, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal Injury, death and property damage, resulting from the negligent acts or emissions of the CONSULTANT or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Agreement. Nothing in this Agreement shall be constmed to create a liability to any person who is not a pity to this Agreement, and nothing herein shall waive any of the patties' defenses, both at law or equity, to any claim, cause of action, or litigntlon filed by anyone not a loarty to this Agreement, including the defense of governmental immunity, which defenses are hereby expressly reserved. ARTICLE 9 INSURANCE r During the performance of the services under this Agreement CONSULTANT shall maintain the folloAing insurance with an insurance company licensed to do business in the Stale of Texas by the State Insurance Commission or any successor agency that has a rating with Best Aare Carriers of at least an A- or above Pace 4 f L 1 I 1 a A. Comprehensive General Liability Irmorence with bodily injury limits of not less than 3300,000 for each occurrence and not lens than $300,000 in the aggregate, and with property dimsge limits of not less than $100,000 for each occurrence and not leas than $100,000 in the aggregate, 0. Automobile Liability Insurance with bodily injury limits of not lass than SS00,000 for each person and not less than W0,000 for each accident, and with property damage limits ofttot leis than 5100,000 for each accident. i C. Worker's Compensation Insurance in secordame with statutory requirements, and Employers' Liability Insurance with limits of not less than $100,000 for each accident. D. Professional Liability Insurance with limits of not less thin SI,000,000 annual aggregate. E. The CONSULTANT shall fbrnish insurance certificates or insutance policies at lair CTTY's request to evidence such coverage. 'rho insurance policies shill name the CITY as an additional insured on all such policies, and shall contain a provision that such iruurance shall not be canceled or modified without 30 days' prior written notice to CITY and CONSULTANT. In such event, the CONSULTANT shall, prior to the effective data of the change or cancaltuiott, serve substitute policies furnishing the same coverage. ARTICLE 10 ARBITRATION AND ALTERNATE DISPUTE AESOIArrION The p"as may agree to settle any disputes under this Agreement by submitting the dispute to arbitration or other meats of alternate dispute resolution, such u mediation. No arbitration or alternate dispute resolution arising out of or relating to this Agreement, Involving one party's disagreement, may Include the other party to the disagreement without the other's approval. TERMINATION OF AGREEMENT A Notwithstanding any other provision of this Agreement, either parry may tenttinet by giving 30 days' advince written notice to the other party. B. This Agreement may be terminated in while or in p.A in the event of either r:rty substantially failing to fulfill its obligations tinder this Agreement. No such termination will be affected unless the other party is given (1) written notice (delivered by certified r mail, rcNm receipt requested) of Intent to terminate and setting forth the ravens i ' specifying the non performance, and not less than 30 calendar days to cure the failure; l r ' and (2) an opportunity for consultation with the terminating party prior to termination. C. if the Agreement is terminated prior to completion of the services to be provided hereunder, CONSULTANT shall immediately cease all services and shall tender a final' bill for services to the CITY within 30 days after the date of termination. lire CITY shall it Pare S t, pay CONSULTANT for all services prop:rly rendered and aatisfactonly performed and for reimbursable expenses to termination incurred pries to the due of termination, in aceordance with Article 4 "Compenution." Should the CITY subsequently contract with a new consultant for the continuation cf services on the Project, CONSULTANT shall cooperate in providing information. The CONSULTANT shall turn over all documents prepared or furnished by CONSULTANT pursuant to this Agreement to the CITY on or before the date of termination, but may maintain copies of such documents for its use, ARTICLE. It! RESPONSIBtLITY FOR CLAIMS AND LIABILITIES Approval by the CITY shall not constitute. nor be deemed a release of the responsibility and liability of the CONSULTANT, its employee, associates, agents, subcontractors, and subconaultants rot the accur+ay and competency of their designs or other work; nor shall such Approval bit deemed to be an assumption of such responsibility by the CITY for any defeet In the design or other work prepared by the C,ONSUI RANT, its employees, rubcontractora, agents, and consultants. ARTI LIK 13 NOTICES I All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same In the United States mail to the address shown below, certified mail, revint receipt requested, unless otherwise specified herein. Mailed notices shall be deemed communicated it of three days' mailing: To CONSULTANT. To CITY: Fregonem Calthorpe do Associates City of Denton John Fregonese David Bill, Assistant City Manager for 421 S.W. 6* Avenue, Suite 1010 Development Services 1 Portland, Oregon 41104 215 east McKinney Denton, Texts 76201 All notices shall be d""cd effective upon receipt by the party to whom such notice is given, or within three days' mailing. ARTICLE 14 ENTTRE AGREEMENT This Agreement, consisting of nine pages and one exhibit, constitutes the complete and At final expression of the agreement of the parties, and Is intended ts a complete and exclusive statement of the terms of their agreements, and supersedes all prior contemporaneous offal, promis", representations, negotiations, discussions, communications, and agreements Which may have been made in connection with the subject matter hereof l Paso 6 1 C ARTICLE IS SEVERADMITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be Invalid or unenforceable, it shell be conside'ed severable from the rernsinda of this Agreement and shalt not auso the remainder to be invalid or unenforceable. In such event, the parties shall reform this Agreement to replace such stricken provision with a valid end enrorceable provision which comes as close u possible to expressing the Intention of the stricken provision. ARTICLE 16 COMPLIANCE WITH LAWS The CONSULTANT shall comply with all fadmal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE 17 DISCRIMINATION PROHIBITED In performing the services required hereunder, the CONSULTANT Shell not discriminate agalaat any person on the basis at race. color, religion, sex, nadomil origin or ancestry, age, or physical handicap. PAMCL I A The CONSULTANT represents that it has or will secure, at its own expersc, Sri I personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. CONSULTANT shall Inform the CITY of any conflict of interest or potential 1 conflict of interest that tnay arise during the term of this Agreement, B, All services required hereunder will be performed by the CONSULTANT or under its supervision. All personnel engaged in work shall be qutalifted, and shall be authorised and pentuued under state and local laws to perform such services. ARTICLE 19 ASSIGNABILITY The CONSULTANT shall not assign any Interest In this Agreement, and shall not transfer any Interest in Ibis Agreement (whether by assignment, novation, or otherwise) without t r the prior written consent of the CITY, Page 7 i c 1 I I I ~ I ARTICLE 20 MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless In writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence In any proceeding arising between the pwitles hereto W of or affecting this Agreement, or the tights or ubtigations of the parties hereunder, and unless such waiver or modification is In writing and I,uly exeeutod; and the parties further agree that the pro•Asiona of this section will not be waived unless as set forth herein. ARTICLE 21 MISCELLANEOUS A. The following exhibits ore attached to and made a part of this Agreement! Exhibit A - Scope of Work for Development of a Revised Land Use Code for the City of Denton, Texas. B. CONSULTANT agrees that CITY shall, until the expiration of three yens after the find payment under this Agreement, have access to and the right to examine any directly I pertinent books, documents, papers, end records of the CONSULTANT Involving transactions stating to this Agreement CONSULTANT agrees that CITY shall have access during normal working hours to all necessary CONSULTANT facilities and shall be provided adequate and appropriate working space in order to conduct audits it compliance with No section. CITY shall give CONSULTANT reasonable advance notice of Intended audits. C. Vanua of any suit or cause of action under this Agreement shall lie exclusively in Denton I County, Texas. This Agreement shall be construed In accordance with the laws of the State of Texas. D. For the purpose of this Agreement, the key persona who will perform most of the work hereunder shall be John fregonese, Howevcr, nothing herein shall limit CONSULTANT from using ocher qualified and competent members of its firm to perform the navices required herein. E, CONSULTANT shall commence, can on, and complete any and all projects with all appiiub'e dispatch, in a sound, economical, and efficient mantles and in suordance with the provisions hereof. In accomplishing the projects, CONSULTANT shall take such steps as are appropriate to ensure that the work involved is property coordinated with related work being carried on by the CITY, s ! / F. The CITY shall assist the CONSULTANT by placing at the CONSULTANT's dispaal all available Information pertinent to the Project, including previous reports, any other data relative to the Projcct, and arranging for the access thereto, and make all provisions Page g 0 I for the CONSULTANT to entet in or upon public and private property as required for dus CONSULTANT to perform tarvices under this Agrcefien6 0 The captions of this Agreement are for informational purposes only, and shall not in any way affect the substantive lams or conditions of this Agreement. IN WITNESS HEREOF, the City of Denton, Texas hu caused this Allmment to be executed by its duty authorized City Manager, and CONSULTANT his executed this Agreement through its duly authorized undersigned officer on M the day of CITY OF DENTON, TEXAS MICIIAEL W, JEZ, CITY MANAOER ATTEST: JENNIFER WALTERS, CITY SECRETARY RY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY , BY: FREOONESECALTHORPEdc ASSOCIATES JOHN FREGONESE, PRINCIPAL WITNESS: llrl ` BY: f r vNdbNCLM tlww/vMMN/q►a, wrM V Pane 7 t I AGENDA INFORMATION SHEET Apa*ft -b ~ M AGENDA DATE: August 3, IM DEPARTMENT; Planning Department CM/DCM/ACM: David Hill, 349.8314 SUBJECT - Z-99-037 (2326 Louise Street) Hold a public hearing and consider rezoning 0.320 acres from a Multi-Family dwelling (MF-1) zoning district to General Retail (GR) zoning district. The 0.320 acre property, commonly know as 2526 Louise Street, is legally described as the western 90 feet of Lot 17-11, Block 9 of the Owsley Park Addition and is located on the northeast corner of Bonne Brae and Louise Street. The proposal Is for a retaiVgrocery/deli type business. The F!mining and Zoning Commission recommends approval (5-2) with conditions. (Z• 99-037,2526 Louise Street) BACKGROUND The applicant has requested to rezone this property to a General Retail (OR)zoning <J S" allow the relocation of his existing music store. Future expa,slon plans for the business include a de;+ and small grocery operation, The portion of the property under consideration is cutreraly undeveioped, The site Is adjacent to the Westside Community Office / Owsley Community Center. The subject property was placed in the Multi-Family dwelling•t (MF-1) zoning district and land use classification by Ordinance in 1969. Y The proposed development is consistent with some of the policies or the 1988 Denton Development Plan (DDP) as applicable and many of the 1998 Denton Plan (DP) Policies (see Attachment I - Comprehensive Plan Analysis section). Eighteen (18) property owners were notified of the request and forty-three (43) courtesy notices were sent on June 11, 1999 (see Enclosure 5). As of this writing, there have been two (2) responses, both opposed (see Attachment 1). PRIOR ACTIONlREVIEJ' r The following is a chronolog,~ orZ-99-037, commonly known es 2526 Louise St.-. A t, April 30, 1999 • Application bate t 1' line 16, 1999 - Neighborhood Meeting June 23, 1999 - Planning andlorting Commission recommends approval r June 29, 1999 - 2nd Neighborhood Meeting. l~ t, /00 o . u The Planning and Zoning Commission directed staff to work with the applicant to strike uses from the list of approved General Retail uses. This is incorporated In the draft ordinance (see A Attachment 3). They also requested that the applicant try to work with the Owsley Coalition to resolve outstanding Issues related to the sale of beer and wine and side yard buffering. A meeting was held with the applicant, Officer Gregg Hedges (Denton Police Department), Pat Gobble (representing the Owsley Coalition) and staff. As a result of that meeting the applicant Is willing to exclude on premise sale of beer and/or w;ne but Is requesting that he be permitted off premise sale of beer and/or wine. Both Officer Hedges and Mrs. Gobble requested that both on and off promise sale of beer and/or wine be excluded from Lie allowed uses for the subject zoning. (see Attachment 4). Buffering was addressed as follows: if beer and/or wine is sold a solid fence should be Installed between the two properties, or If no beer and/or wine is sold, an appropriate buffer to keep kids safe and out of any driveways and/or parking lots associated with the proposed business would be appropriate. ESTIMATED PROJECT SCHEDULE The property is not platted and will regatre planing prior to any development. FISCAL. INFORMATION Development of this property will increase the assessed value of the city, county, and school districl. It will require no short-term public improvements that are the responsibility of the city. As a form of Inftil development, no extension of public infrastructure Is necessary to set-vice this site. P&Z SUCIGESTEn RECOMMENDATION The Planning and Zoning Commission recommends approval (5•2) of this zoning request with the following conditions: I. Lighting on the property shall be designed a , ? maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky, , 2. That 100 percent of the building exteriur, except doors and windows be made out of masonry, 3. That the roof be pitched with at least a 4 on 12 pitch. 4. That no off premise sale of beer and/or wine Is allowed. 51 : hat a buffer be placed on the north and east sides of the properly. OPTIONS 1, Approve as submitted. 2. Approve with conditions. 3. Deny. t 4. Postpone consideration. 5. Tablo item. 2. f t' u k I ATTACHMENTS 1. Planning and Zoning Commission Report, June 23, 1999, Z-99-037, . 2. Planning and Zoning Commission minutes from June 23, i999. 3, Draft Ordinance, 4. Report to City Council by Denton Police Department i Respectful v submitted; Mar Donaldson Assistant Director of Planning and Development Prcparcd by, a ichhaR Development Revicw Manager I F 1 w I t 1 1 3. I t ATTACHMENT 1 Agenda No. k PLANNING AND ZONING COMMISSION A e ahem : 99 STAFF REPORT Sub1er, : 2526 Louise Street Case Number: 2.99.037 Ijiff: Larry Relchhart, Development Review Manager Agenda Date: June 23, 1999 P 18POSE ,A~~'~~ wf.. 11 k:Y .'1 Hold a public hearing and wrksider making a recommendation to the City Council concerning the rezoning of approximately ,320 saes, on tiie northeast corner of Bonnie Brae and Louise Street, from a Multl-Family dwelling-1 (MF•1) zoning district to a General Retail (GR) zcning district. The proposal Is to allo.v for a re4l)restaurant type business. I uNNeR_ I SM: T ril LOCATION MAP Location: The northeast corner of Bonnle Brae and Loulae Street, legally described as being the A~ west ninety (90) feet of Lot 10-R, Block 9 2525-2526 Louise Street In the City of Denton, Denton County, Texas. (See Enclosure 1) Size: 0320 acres 4. ru i I i Applicant: Oscar G. Jimenez Owner: Calvin and Wayne Woolover 2729 Mistywood Lane 301 W, Sycamore Denton, TX 78201 Denton, TX 70201 p: l y: r The developer Is requesting a General Retail (GR) zoning district classification for this 0.320 acre property to construct a structure (between 2,400 SF and 3,500 SF) for a music store. In the future, the applicant will expand the business to Include a small grocery store with a small deli, 1988 Denton Development Plan Ana(yals The 1988 Denton Development Plan (DDP) shows this area to be within a Moderate Activity Center. These areas emphasize a diversity of land use developments. They are Intended to place )obs and housing In close proximity to one another, Vehicular trip generatlon due to development within Moderate Activity Center Is restricted to 350 trips per day per acre In order to balance land use with road capacity, staff finds the proposed development to be somewhat consistent with both the pollcios and trip Intensity standards of the 1088 DDP (t as Enclosure 7). 1 1998 Denton Plan Policies Analysis Tho 1998 Denton Plan (DP) Is to be used In conjunction with the 1988 Denton Development Plan In evaluating the consistency of proposed development Wth the long range vision for the city, staff finds the proposed development to be somewhat consistent with the policies of the 1008 DP (see Enclosure 8). y Growth Management Plan The Growth Management Plan Identifies this area as part of the Downtown/Untversity Area. These areas are Intended for In ill development with higher densitles and mixed uses, 1 Z ~7 Ui71.6L 5!..R Rniuxl 5. t 1. Transportation A, Trip generation Table 1, Proposed Lend Use Trip Generation Land Use Average Trip Maximum Total Daily Generation Bulldout Trip n 350 Generation iG~ A~ Ct7b'I "'e K, y~. pday/tloi La lc 0,3 y ;?,,w 12 Proposed Use General Re a!! 40.67 x 2,400.3500 sf 98 - 142 Note, Proposes Avrnpe Trip aeneranom proNd00 Dy 1111 tMS to 01 Trransaoytlon rglnaen, 1 DDt, The proposed development Is 26% above the allowed capacity Identified in the 1988 Denton Development Plan, B. Access The site has access to both of Bonnie Brae and Lot se Street. Curb cut locations will be determined during the platting process. C. Road Capacity Louise Street Is Identified as a local street by the 1998 Denton Mobility Plan (See Enclosure 3). This street Is designed to be a two (2) lane undivided street with parking, providing two (2) lanes of through traffic. As such, its designed traffic capacity allows for a tolerable traffic flow of up to 9.100 trips per day. Louise Street Is currently constructed with two (2) lanes with parking. No traffic counts are available for Louise Street, Traffic counts on nearby streets Indicate that adequate capacity for this development exists. Bonnie Brae Is identified as a secondary major arterial road by the 1996 Denton Mobility Plan, This road Is designed to be a four (4) lane undivided street without parking, providing four (4) lanes of through traffic. As such, its designed traffic capacity allows for a tolerable traffic flow of up to 14,900 trips per day. Bonnle Brae is currently constructed with four (4) lanes without parking. The most recent traffic counts for Bonnie Brae (approximately 13,200 trips per day) indicates that there Is adequate capacity to handle the calculated trips that could be generated by the proposed development 0. Pedestrian Linkages Sidewalks along all public streets are required. Z 79 e17 'Q S. 11 F-1-it 6, I ~ I F72.Utilitles This site has access to exlsting water and sanitary sewer lines (see Enclosure 4): 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. A preliminary drainage study will be required with the submission of a preliminary plat. The study must include calculations of the 100-year storm for all drainage areas on this property and any area that drains towards Ws 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. 6. Landscaping This property will have to comply with the new landscape Code, which requires fifteen (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). 1 7. Lighting Lighting on the property should be designed and maintained so as not to shine on or otherwise disturb, surrounding resldenrlal property or to shine and project upward to prevent the diffusion Into ' the night sly. r 8. Environmontal Quality Impacts No negative environmental impacts have been identified. I eg~ PROPERTY HISTORY R January 14, 1969 - The subject property was placed In the Multi-Family dwelling-1 (MF-1) zoning district and land use ciassificaticio by Ordinance 69-01 (See Enclosure 2), The subject property is not platted and would need to be platted prior 1,) any development. 7. f F~_UBLIQ NOTICE <,i'~'° t4,1.•~e4. !u r:4- 4~4-14i 1~ a A Notice of the zoning request was published In the Denton Record-Chronicle on June 13, 1999. Eighteen (18) property owners were notified of the request and forty-three (43) courtesy notices were sent on June 11, 1999 (see Enclosure A` as of this writing, there have been two (2) responses, both opposed. A neighborhood meting was held on June 16, 1999 at 221 N. Elm (City Hall West). The applicant and staff were the only ones to attend. As the site is adjacent to Bonnie Brae and Is in-fill development it will provide a transition to the existing multi-family residential neighborhood. It provides for retail services to the existing neighborhood and for the unlversity and downtown districts as Identified In both the 1988 Denton Development Plan and the 1998 Denton Plan, RECOMMENaA ,lOIV ;1 r n, -4 Staff recommends approval of Z-99-037 with the following conditions; 1, LlgMing on the property shall be designed and maintained so as not to shine on orotherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. MOTION . I move to recommend approval of Z-99-031 with the following conditions: 1. Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, sufruunding residential property or to shine and project upward to prevent the diffusion Into the night sky. ALTERNATIVES. 1. Recommend approval as submitted. 2, Recommend approval with conditions. 3, Recommend denial, 4. Postpone consideration, 5. Table Item. 8. c, I I I I 1, Vicinity Map. 2. Zoning Map. 3. Mobility Plan Map 4. UtilKy Map. S. 200' Property Owner Notification Map and Responses 8. 1988 Denton Development Plcn policies Matrix. 7. 1998 Denton Plan Pokles Matrix s 2 97 ~ l l 0(41 SLi'f Re~tt~ft 4. i 0 ENCLOSURE 2 } Z-99.037 (2526 Lou1SE STREET) NORTH r SITE 111111 MOM \ tr P a ~ d 4 VICINITY MAP NONUNION Agstids Oats. June 23, 1990 Scale: None lo. i i ! ' 4rg c v •r F7F r, rIF PRr h9,Sf $1 • rv j«^ol V Vn grou Out Tr 9'.r (.y loa•4)i, Lv.i•y Ye.-a fr tt*.,g ha itr- to cll: kS IL' c ,:^r, „r .(?ailnn ~1nr,!o: onh 7y113 f:cG duy 'y f •i. ru IF I",.~6?7tl.ICI"FL: Rcu. 4':(DS'doq Cacny lux. 1y~lti~~ • wal ' I+.e eie 104"1 },N lT1Po5 F °~I {l!r•I .r i Nrn~s>I •~wV 'I I ..vs I{ -p '~ae'1 ._.n.y.r ,..rR: •..._.•~~F--9+^"'7 NCU,~: Y 1 C , I ~l-fie r 9OX f 1.IDWSG J;rM ar I KEEN SURVEYING INC. { n d/a$N6:.+3i Sti't' Kt;Ur1 I•Y,. 7b24?J, (81~4$2ru'l'23 U u ENCLOSURE 2 A4 4. NORTH Z-99-037 (2526 LOUISE STREET) i am c I MF•1 i ~ am Sil i~ c d M;r r I od" 1 1~ ;CSC\\\ ; M>r•s ' ZONING MAP ' le% . c- Agenda Dale; June 23, 099 12. Scala: Norte 2, c, ENCLOSURE 3 NORTH Z-09-037 (2526 LOUISE STREET) 1 ' ati L,~ ,I _ la Y6T.- Ip I DENTON MOBILITY PLAN MAP - - - - Primary Major Arteriale Agenda Date: June 23, 1999 136 Scale: None q r. ENCLOSURE 4 i Z•99.037 (252$ LOUISE STREET) NORTH F7 INN 9s ar ! i EXISTING UTILITIES MAP • Hydrants • • - Water Line (W. L.) • • r.. Sewer Line (S. L.) . Elec. Lines Agenda Date: June 23,1999 Seale: None !4. F A f c, ENCLOSURE 5 NORTH Z-99-037, 2526 LOUISE SITE mmma~ 9 rrr ~n l~Ll OWN i - r e - so IN IWAO ri ~ Srea . ~ w - , - WoofBufl~r loot M& 200 - 500 FOOT NOTICE Agenda Date: June 23, 1900 i5. Scale: None c { NOTICE OF PUBLIC HEARING Z-99-037 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, June 23 1999, to consider recommending approval to City Council the rezoning of approximately .320 acres located on the northeast comer of Bonnie Brae and Louise Street, from a Mufti-Family I (MF-ti zoning district to a Got*rat Retail zoning district (see map on backside). The property is legally described as being west ninety (90) feet of Lot 10-R, Block 9 2525.2528 Louise Street in the City of Denton, Denton County, Texas. The purpose of the zoning change is to allow for a retall/restaurent type business. The public hearing will start at 5:30 p.m. in the City Cowicp Chambers of City Hall located at 215 E. McKinney Street, Denton, Texas. Because you own property within two hundred (200) feet of the subset property, the Planning and Zoning Commission would like to hear how you feet 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 prohibits you from attending and psrtk4mt ng ki the public hewing.) You may fox it to the j number located at the bottom, mail it to the address below, or drop it off in-person: i Planning and Dwelopmenr Department 221 N. Elm ST Denton, Texas 70201 Attn: Larry Relchhart The zoning process includes two public hearings designed to provide opportunklee for cAlzen Involvement and comment. Prior to the public hearings, landowners within two hundred (200) feet of the subject property are not led of the zoning request by way of this notice, The first public hearing Is held before the Planning and Zoning Commisslon. The Commission to 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 denlal, the petitioner may than appeal it i request to the City Counc.9. If owners of more than twenty (20) percent of the land area within two hundred (200) feet of the eke submit written opposition, then six I out of seven votes of the City Council ore required to approve the zoning change. Thews forme are used to calculate the pervonfogs of feadowner oppoaldon. Pleas elmle one: In favor of request Neutral to request osed to mques 1 Comments: This site is too small for a retail business, The limited access 1 from etther Bonnie Brae or Louise would create traffic congestion, ~r Signature: Printed Name: Phil! A. k vice President of the Ravaor Company a Mailing Address: 1204 Weg Vniyersity Drive. Ste.-400 City, State Zip: Dentoa, Texas 76201-1794 Al Telephone Number: 940-387-6711 t f ! 1 Physical Address of Property within 200 feet Aooroximataly 29 acres ronting on Bonnie Bras, 1-35 and Oak Street and directly west of subject property. CITYOFDENTON, TEXAS GtYHALLWEST - DENTON, TEXAS 76201 •040349.8380 - (F)940.34e.7707 eManaging Ceneral Partner of Uyeor Investments, Ltd., owner, ld. I i 1 I I i ~ i i I I NORTH Z-99.037, 2526 LOUISE SITE w ■ - s erg ■n l 14 ! r I o IS f 1! ~ f foo~`Bul~i' ~ 200 - 500 FOOT NOTICE w r Agenda Date: June 23, 1909 s3cale:' None 4 t~ FFOI : FM Ip. : 94056SX93 Jun. 23 1999 43:32p9 P1 Turnbow Monagernew 1511 C*k&* re Denton TZ 16"1 (9e0jSl1-662A June LT, 1999 To. R*om unary concern RE: Zoning change FROM.- 1'wmbowMamaremKnt This keer is in ►usards to the die current request for a rookm ckmg& Is would be in sht best boost to keep this wea sorted PeWom*L At thk dm we are working together to hake this a siVe and quiet pica to HYA A Wife sto►e on the corner and tarwamtW /rte we jest k woWd only delay the rthabllkartng process. Pkwiv eoirstdw mMenh and #&en llring in thti cioinmr f* Wm* nwhing a some changes Jkank yo#4 n"xbow Ma;Wot hptt crl~a e 17. p U I I Jul : rk1 IID. ! n-IM W93 lun. 23 1993 03:45Ftl F1 My name is Sara Mizener and I Am tt* coordinator for the summer program held for the children rf OwWj Park nelghbortr'ood. It deeply concerns me that there Is a possibility of a commercial budding to be put up next to our facility OM is used by the children year round. Putting up a commercial business will negatively effect the programs being set in this community. These children need a safe haven where they can pW in teem In an enriching environment I believe the parents of this neighbor hood would agree. A busy ptace located d+rectly next to our (Aci ty will hinder this wMronment In a number of ways. Tra"k:, Inappropriate garbage, and We night activity associated with such a budness operation will be a major distraction to the children we serve, Unfodunstdy due to other circumsMnc`s I could not attend to speak personalty but a move to btAid a commercial operation would greetly sadden me and the goals we are trying to reach out"make In this community. I thank you and appreciate time taken to review this letter. Sincerely, i Sara Mizener c f ~fC Q9.2~1~InA dL. YAh~QQ.~4 ~ ~~C,t.1Ll~. ~ pO~A.Q.tQI` 1B. t, From: Gregory Hedges To: LCRelchh.CHW.COD Date: Sun, Jun 13, 1999 9:14 AM Subject: Rezoning of Lot 10-R Block 9 To Planning and Toning Board, My name Is Greg Hedges and I work for the Denton Police Department. This letter is In response to the Zoning Change request for Lot IO-R Block Q. The City of Donlon Pollee Department just recently opened the WEstslde Community Office end Youth Center at 2535 Charlotte Street. The lot In question Is next door on the souths Ida of the property. For many years many citizens, city officials and police officers have tried to Improve the nelghborhood which was formerly referred to as "Cement City", We now cell it Owsley Addition. A commercial property would attract additional trash, traffic on Louise Street and put a Commercial Business right next to a center for families and their children. I understand that the purchaser of the property wants to hove a site that Is good for business, but this would be detrimental to the nelghborhoW. If you examine the amount of traffic generated at the DEII-Quik and the Beer Sam, you would see that a business at this location would harm the quality of the community that so many have tried to help. I will be out of town on June 13 but will be at the June 23rd meeting, Greg Hedges Westolde Area Coordinator DEnton Police Department 2535 Charlotte Donlon, Texas i w 1 k f 4~ n i Z9. c I EHCrosuur: a 1988 Denton Development Plan Analysis The table below provides a summary of the 1988 Denton Development Plan policies applicable to this project: Denton Development Plan Policy Analysis Summary Moderate Activity Center Development Rating vs. Policy POLICY COMMENTS t t„s lr*wL fiese areas we Intended to enmurage a dlvenlt( of lend use (n do" "ffft to W ee MJoW MVW. x t ftFlArd. Moderate ANWty Allowed tnter>sity . x trlpVM Craters an have a standard tieNdle trip Intensity of 190 trips per day per groom out (t/d/ac). x Divrilty. Land uses within these center should eftxt a mixture or Midemal and nonreodenbal land ores. Conurtnrdal end retail t3hd uses should be limited to 1/3 the bold eeeage and"ad not be allowed on more than three corntn of an Intersedlon WtNn a tenter. x Moh-Density housing. Multi-ramiy housing is mm n* In these real, Indudng manufactured houtlng. x Low li riWghbW%60d Housing Pretectlon. Single-family residences should be protected by Krict she design ~~~i Wuding setbedu, buffvln% and x Strip Comnverdal. The gran entourages cemen d Now &&Oty while d imuraglrq"oonwnerdal pment, X ! i filvna~x~ 20. i t ENCLOSURE 7 j 1998 Denton Plan Policies Analysis The table below provides a summary of the 1998 Denton Plan Policles applicable to this project Denton Plan Policy Analysts Summary Development Rating vs. Policy CATAGORY POLICY 1rKOnsisteM 1Wpllcibfe ; Consistent Transportation. Cmtpliments Denton% Long-Rarge Thoroughfare Plan, X Promotes Access management Practices x optimims operations The emerWM service provides and other puck service provlden x Pronatel pudic transnortabon system. - x Contributes to the Denton Tralls network, X Stormwater Dralnaya. Protects 100 year noodplafn areas In accordance with Denton's watershed management plans. X Conforms to local RWOslon regulations, x Conti itutes to regional detention fadloes. x ; Provides for natural riparian environment along floodptaln, x Upgrades exlsbng substandard drainage system as Mill and redevelop ent occur, It Water and Develops and maintains property and private Wastawatar. Infrastructure, x Creates opportunity Nf oversleng water and wastewater lines to meet Mure development demands x Providet resew of Proposed water and wastewater Inhastructure to ensure public safety and health, x Promotes Innll Improvements over new li extension x Eloctrit. Provides untferground electric service for new res4demtia, end nonresidential development x Well Wash. PromOts effikris access to all development for Bond waste service delivery . It Parks and Recreation. Locates parks and reoeatim fall ties In accordance with the Parks and Recreation Strategic Plan, It Enhances parks and recreation opportunities for residents. X Preserves noodpaln for parks and open space to aid in noodplaln conservation efforts x Allows combrning of parks with other public lacAlbea to achieve cost-effective delivery of public services, X Residential development should dedicate land or fees In lieu of I -rid for nelghborhood pre ks, x Envlrenmeotat Quality, mromotes preservation of natural resources. x Integrates environmental protection with econom!c growth and tenylwnity development, x ~ 21, U i I L I 1998 Denton Plan Policies Analysis (continued) y Denton Plan Policy Analysis Summary Devetopment Rating vs. Policy I Not CATAGORY POLICY tnwnsfsterd 401cabte c,n4stent Ha hborboode. Proomes aaoem Viand owreuraty Wdes for ~ k x Enco rage% a mbture of lane uses d* benefit reddenb. x Prdeds and pnese m vesting nelghbahoods. x ' Prorates bkYde and pedestrian bank wHhln and between ne0borhoods to reduce vahk*r b+ps. 41 " x Mowing. ProOdes a range of haMng types that appeal to ddferlrg econornic and MAW] pfe-styles, i S Mrs a variety of orgle-hmlty lot slew, Wk1mg ores and price rages 9x PjF ; Preserves existing houslr4 IrWuft affordable tlousing. Increases M4M toaing oorstm,cbon. ecarsolnic Cothbutea to a strap and dversl0led bcal economy by ` averaMe atloa Vweaasing employment and egw4ng the tar base. X Oovernnnnl. Enco rage%Intergow"rtal coordwen to proods l F v x cost-effective pudic seMlas Urban Dadgru Addresses cotvnunlty appeaance In a cornpr"r" manner. x Dlvemok-4 architectural appearance of bUft erMnoxrknt x Wl*barfaod hA9 development oxwld be compebbla Wth existing land uses and buMdrgs K- X Protect and preserves MOD h srctMec ursl, aAbral and hlstwW resources. Enhances eM appearance along major entranceways, 14 I, x r Promotes the preservetlon of trees and lardicso g. X r'S Ysblle IWAArvtneft Provides an opportunity for pudic eonton during the planning Process x r yr rJc'u❑>e 22. r , f, fL NORTH Z-99-017, 2526 LOUISE SITE owe w] in C 11 k Rho ~I.,_ FF "7"IMi M1 I■n~ i i to ♦ tttta r WM AV Fod Bf& Foot ftV 200 - 500 FOOT NOTICE Agenda Date: June 23, 1909 23 kale: None skim ATTACHMENT 2 Planning and Zoning Commission Minutes June 23, 1999 Page 4 of 5 1,2.47 residential units, approximately 66 acres of commercial and neighborhood services, 110 acres of\parks and open space and a school site. (Z•99-010. The Vintage Co ta@t~ Plan, Larry Re art) Motion by Susan Apple and se ad by Salty Rishel to recd approval with conditions to City Council. 'Discussion of item is Included In Court Re er's tr cript attached to this set of minutes (Page 75). Motion carries 6-0. 9. Hold a public hearing and alder making a rev ime ation to City Council regarding a detailed plan for a PIa d Development (PD-139) encom stag 265.48 acres. The detailed plan prop Is fur487 single-family dwelling units, a acre school site, park land and open s ace. (Z-99.050. The Vintage Detailed Plan, Larry ;chhart) Motion by Sa)fkishel and seconded by Carol Ann Ganzer to recommend appr al with conditions to City Council. 'Discuss oh of Item Is Included in Court Reporter's transcript attached to this set of ml as (Page ,97). M2ti2hr&rEIcj e-0. *-10. Hold a public hearing and consider making a recommendation to the City Council concerning 'tie rezoning of approxlmately 0.320 acres, on the northeast corner of Bonnie Brae and Loulse Street, legally described as being the west ninety (90) feet of Lot 10-R, Block 9 2525.2526 Loulse Street in the City of Denton, Denton County, Texas, from a Multi-Family dwelling-1 (MF•1) zoning district to a General Retail (GR) zoning d4trlct. The proposal is to allow for a relalUrestaurant type business. (Z-99-037 2528 Loulse Street, Larry Relchhart) Motion by Carol Ann Ganzer and seconded by Susan Apple to recommend approval with conditions to City Council. 'Uiscusslon of item is Included In Court Reporter's transcript attached to this set of minutes (Page 114), Motion carries 6-2, Jim Eneelbrecht and Salty Rishel opposed. f1-~Noid a public hearing and consider making a recommendation to City Council regardin~---~ pro`possd concept plan for a Planned Development (PD) zoning distr of amassing t 2,745.51 aces.-Tba property Is generally located at th"outhwestern oxtraterrltodal jurisdiction boundarle of the City of Denton, Texas affd northeastern extraterritorial jurisdiction of the Town of Noi'thlalke, Texan between 1.35W and Florence Road, and between Crawford and Lively. The rb"ji sled rezoning Is for a Planned Development zone district with approximately 1,928.1 scree oLresldentlal, 37.1 acres of neighborhood services, 662 acres of 66tdoor recreatlon and 14.1 "s of community service with 951 acres of streets, ROW and parking, The developer Is re" tang a Planned Development (PD) zoning district classification for a master-planned resort emenl community. (Z- 99-044 Robson Ranch, Larry Relchhart) Motion by Salty Rishel and seconded by Bob Powell to postpone and continue. -'Discussion of item Is Included In Court Reporter's transcript attached to this set of min a 24. t PLANNDNO do ZONING, 6-23-99 • CoodenseItIm Pag 13 Page 115 I than the one in your packet. I The proposal is to allow for a retail!resuuranvsypo 2 MR a1SHEt . i don't know if I made 2 business. 3 ref to anything regarding that what was 3 At this time I'll open the public 4 previ 4 hearing and Mr. Reichhart is going to provide us with S It. ENGELBRECHTr lie Just Said tailed S the staff report. 6 plan, in A And t think Mr. Hill I ng you 6 Sir. j jl 7 to reference Ised detailed plan 7 MR. REICHHART: Thank you. We we s Ma. HIL • That's what I • as owns. It looking at a site at the corner of Bonnie Brae and 9 Can we make a re f to thl versus the one in 9 Louise Street. Peoplr might be familiar with the Boer 10 your booklet? io Barn located a little bit further south on Bonnie Brae. 11 Ma. RISHEG r happy to do that 1I The Applicant has requested rezoning to general retail. 12 MR ENOELB And that was seconded? 12 The request is somewhat consistent with both the Denton 13 Ms. aANU Yes. 13 Development Plan Analysis. 188, and 191 Denton Plan L4 MR. ENa RECHT: 0 There has been 14 Policy Analysis, and with the Growth Management Plan 15 a motion and nd to approve vised detailed is identifies this area as part of the downtown uttiv+ersity A plan which provided this evens th conditions 16 sea, and those areas are intended to be for in-fill I? bang, one, and the school site A I saw 17 development with a higher aft ashi and mixed uses. Ii %=bod push their is The one, si you look at fee proposed 19 MS. APPLE: i'djust like to say I'll 19 trip generations, there's a range In therm The 10 votin in favor of this, but 1 Just wanted to also 20 Applicant said he is proposing anywhere from a 2,400 t 21 d that we do continue with the rec dations 21 a 3,500-square foot developmen' with the size of the 22 f the eonslstency in the fencing, that that be Tooke 22 lot 20 percent lot coverage, parking requirements, 1 27 t 23 mean, that would be stretching what probably could be 2 MR. ENGELBRECHT: Yes, i Think that 14 developed on that site. Road capacity on Bonnie Brae s that 23 is adequate; although, access is a platting issue, We Page 1141 Page 2 2 MR. ENGELBRECHTL W 1've ask 2 A neighborhood meeting w•a held on June 1 MS. APPLE: - alon<havingon rocess. t anticipate that that would be off Louise Street 3 staff to ' g that back with at S 16th. The Applicant and myself were the only ores who 4 An then discussitits mo ' n7 4 did attend. Our analysis that the site h adjacent to S MR. R► L: 1'd likS Bonnie Brae, which has adequate capacity and is a 6 MR. ENOEL CIM 1. 6 former in-fill development, it will provide a 7 MA. AISIML: a to make 7 transition to the existing multi-family residential a sure that as staff talks to oper, that we s neighborhood. It provides for retail services to the 9 stress the parking conR'~:n 'vn bad and ties 9 existing neighborhood and for university and downtown to street widths and sine ked about o t so districts, as identified In the 188 Denton Developmen+ I I several different iss s bout large 11 Plan and the 198 Denton Plan. 12 developments 1' this, that ake that we have 12 Staff recomnends approval of Z-99-037 is adequate parking for each uthat traffic 13 with the one condition Is that highong on the property 14 flow be &uate if we do ehaving on tact N shall be designed ani maintained so as not to shine on 1s parking; IS or otherwise disturb surrounding residential property 16 MR. ENOELBRECHother discussi 7 lb or to shine and project upward to prevent the diffusion 17 All In favor else your righ. Motion carries 17 Into the night sky, Taken questions or Id tuts Applicant 19 Agenda Item No. 10 is to consider making 19 speak. 20 s recommendation to the City Council concerning the 20 MR, ENOELBRECIM C4mmif110M, 1, any Is rezoning of approximately .32 acres, on the northwest 21 questions for staff at this time? 'Brink you, ! ! \ ' 22 corner of Boonle Brae and Louise Street, legally 22 MR. RESCHIt m A Mitionally, I should 13 described is Wng the west 90 feet of Lot I O-R, 33 point out nose two handouts that we just got were 21 Block 9, 2323-2526 Louise Street, in tree City of 24 fazed to the offlol late thli aftemoon, An-J they are 13 Denton, Rezone from Multi-Family-110 t:lerlera! Retail 2s from - one Is from an adjacent property concerned J STOFF ZLS & ASSOCIATES DENTON, TEXAS (940)565-9797 Page 113 • Page 116 i ' 25. c PLANNINO & ZONING, 6-23-99 Conde.tscltt ' Page 117 Page 119 1 about co==ciat development and the other is from tho' 1 little inconsistent with the type of development that's 2 coordinaw of the T=aw program held at Owsley Park. 2 out there right now. 3 MIL 3NOELBUOn, If you would g0 back. 3 M5. ooultDiB; thank you, 4 Did you reference the pubtio notion in your report? 4 MR. ENOELBRECHT: Any other questions? 5 MR REICHHARTi Yes, they are. Mzy s Slunk you. 6 should be In the report. 6 Is Petitioner or Petitioner's 7 MR. ENOELBRBCHT: 1 know they're in 7 representative present? If you would, please give us B here, but did you reference them in the one just a s your name and business address for the record. 9 moment ago? 9 MR. IMIENP2: My name is Oscar Jimenez, ! 10 MR REICHHART: No, 1 did not. to business address right now Is 2310 West Oak Street and 11 MR. ENGELBRECtrr, Where de you stand It Bonnie Brae. 12 with that? 12 I'm the person proposing 1►a zoning 13 Mk REICHHART; Notification we n change from the comer of Louise and Bonnie Brae w 14 haven't gotten we've gotten the one that was from a 14 that 1 can move my place of business to that location IS property owner that's in the backup, and then we got 15 whio M11 better serve the community and will be a A one from a police sergeant that Is also usoclated with 16 music store with the sale of CDs and cassettes, Also, 17 the part next door. And we have only gotten one actual 17 I want to expand it and make it into it convenience is response which is not in favor of the rezoning, is grocery store and deli with traditional Mexican foods. 19 MR. ENCELBRECHT: On the official form? 19 1 believe that this type of business will be an asset 20 ML REICHHART: On the official form, 20 to the community. And that's basically all 1 ask. 21 right. That Is from the property owner, to that is the 21 MR ENoCLBRECHT: Okay, Commissioners, r 22 form that we use to determine. 22 do you have questions for the Petitioner? 23 MR ENawRECBT. 714 backup Indicates 23 Yes, Ms. Oourdie. 24 two. 24 M$.OOURDM: M11 Jimenez, you're 25 MIL REICHHART; Well, the other response 25 familiar with the area, correct? Page Its Paid 120 1 was from I Ma JIMENE . Yes, ma'am. My place of 2 MR. ENOELBRECHT is that the one from 2 business is duce blocks north of this location, 3 the police? 3 MS, OOURDIE: So you're close, like, 4 MR REICHI TART; It was Just a response, 4 around the hospitals and everything? 5 yea. 5 miLnMlsm Vh•huh. Yek ma'am. 6 MR. ENOELBRECHT: Okay. That's why • 5 1,43. 0008019: Do you understand I'm 7 okay. I just wani to make sure to clu ify that, right. 7 just kind of trying to get a feel of what you feel a Very fine. s about the neighborhood with the concerns the police 9 Any other comments or questions for 9 officer has and the other people that work within the 10 staff? Io community development problems. How do you we their 11 Yes, Ms. Oourdie, I I viewpoint? 12 M9, OOURDM: On the policy analysis it 12 MR aMENEL it's a good viewpoint. 1 I S says prot"13 - prc6erVC1 LX136119 neighborhoods 13 thira what I'm doing I think Is going,to enhance the 14 inconsistent. How Is that inconsistent? 14 place, I'm vying to build a nice plain where the is MR. REJCItHART: That was a tough one to $5 people 0. people will appreciate what's there. 1 14 answer. Because It's a little different than the 16 work with - f caw mainly to the Hispanic community, 17 existing neighborhood being more of a multi-family 17 and, basically, that's what is there right cow. I've I s development, so, in fact I mean, that could be is been working there for about seven and a half yew and r 19 Interpreted, you know, either way, qulte honestly. 1 19 it's going great. 20 mean, It is somewhat of an encroachment on tiro existing 20 M5.0WRDisr Do you have any problems ( 4, r 11 neighborhood, 1 mean, it is different than what is 11 with your current location with the perceived troubles 21 there tight now, so it's not protecting the 22 that we ha re on that side of town? 23 neighborhood. In that aspect, it's mote of the 23 mx nmem No, l don't, ma'am. I've 14 character, the physical appearance of the neighborhood. 14 been there for seven and a half years, and I think I've 25 1 mean, it's not tlecessarily a bad thing, but It's a 21 had a couple of them so far, and that's just STOFFELS & ASSOCIATES DENTON, TEXAS (940)565-9797 Page 117 • Page 120 26. r I i PLANNING & ZONINO, 6-23-99 Condenseltlt'r Page 121 Page 123 shoplifting, and 1 think that happens just about I been in a while because It's been in the backup, but 2 anywhere. 2 this other one, it bas just come in evidently. BLA you 3 MS. owitri t: Do you feel the police are 3 weren't aware of it? 4 t5tro to 4 MR. AMENt7_1 never did contact them, ' I M& HMENEz: Once 1 did call them. S no, 6 Well, both times they were there. 6 MR. ENOnaREcRT: When was year 7 Ms. owitrim Do you have any if 7 cighborbood mating? What day? I there is security problems and so forth, I guess that's a MR rimwmZ: It was last Wednesday. 9 the main thing that people are concerned that, you 9 MR. DMIMBRECHT: Last Wednesday was the io know, music bdngs a younger crowd, a happier crowd. 10 16th? I I M&;WFNM: 1111 just the sale of CDs It MR. nMEr1EZ 16tF, yrs. 12 and cassettes, And, like 1 say, I'm only throe blocks 11 Mit ENoEtsucitT: Wu Officer Hedges letter in u away from them right now, so 0 at that polnt7 14 MS.OOf1RDIZ So this 11 your 14 MIL REtCHHART: Yea, It was. Is neighborhood. $3 (Inaudible.) 16 Mit JIMENEZ: 1 don't foresm any 16 MX ENOEtBaECHr: But the latter was - r7 problems. I think the police being there beside it, it 17 Mgt RFXIUWn Yes, It was. We i3 will be bed for them to try to do anything like that is discussed the letter a little bit, but at that time, l 19 That's why 1 like the location, to tell ynu the truth, 19 didn't give it to the Applicant 20 1 mean, even more, 20 MstFNacust CHn (lay. Any && 21 MS.13omms: Thank you, Mr. Jimenez I 21 questions? 'thank you. 22 appreciate your time. 22 MR 1tmLmm, Thank you,*. 23 M& BNOELBRECHT; Mr. Mahel. 23 MIL ENOELEAJIM: It there anyone 24 M& RUSHEE: Mr. Jimenez, Is your 24 present who would like to speak In favor of this 2S business north of then El PatlentO 35 petitlon7 Anyone preterit to speak In favor of the _ Pala 122 Page I I MR. 3IMENE2: That Is corral Yea, I petition? 2 sir. 2 M& DwEK Jim, before we have anyone $ MIL RISHEL: Okay. Thank you. 3 come and there may not be anyone here I may need 4 M& ENOELBREM, ; Other questions. We 4 to make a comment about these comments about what s have a rather strong, I guess I would call I% letter s someone might presume to be unlawful activity. 6 from Mr, hedges, the police officer that runs the 6 When you're doing your toning issues, 7 program out there, the eetghborbood program, And then 7 you tied to be certain that what you're looking at Is I we also have one from you might not be familiar with s the use of the property and assuming it wail be handled 9 it because I'm not sure when it came in, obviously, 9 In a lawful manner. We cannot use matng as an attempt to Mr, Hedge 1o to do what's the rok of the police department And so I I MR. JUMENEZ: 1 just got it this 1 t I just want to be certain In case there wen people to 12 afternoon. 12 speak negative or whatever that you understood u you I3 MR. ENOELBRECHT: Yeah. And the me 13 took at this to be certaln that If them Is a taw 14 from the neighbor 14 enforcement problem, that you have to have law is MR iNENEz: l wish they would have been Is enforcement people resolve that Issue. You cannot say 16 in the neighborhood meeting that we called for, and 16 we're not going to put a convenience store there 17 they were not there to express their feelings. And 1 17 because that's where gangs are going to tome, That's is wish they could have been there so that I could explain Is not the kind of use we can look at I just wanted to 19 myself to them 19 be sure you Ictsw where that was going. , 20 M& ENOELBRECHT: Did you contact 20 Mgt I NOELBRECE : Oood point To what 4• 21 Officer fledges at all or have you had any convrnadon 21 eRtcnt ki 1ne carry that on a little further. To r J' 23 with him? 22 what extent Is in essence, l believe the City owns 23 M& IMMFZ; No. Like I say, I Just 21 the property Immediately seross the stmt which wou: 24 found out INS afternoon about IL 14 be within 260 fat 23 M& ENOELBRECHT; I know ;hat letter's 21 M& wax Pm mot sun, but 1 thick - STOFFELS & ASSOCIATES DMON, TEXAS (940)56S•979-1 Page .21 • Pogo 124 27. I I r t. I I I I~ PLANNING & ZONINO, 6-23-99 • CandenseItlt" 4. Page 125 Page 127 1 Mx BNaFismc"T.. - which would be dn. I I think this It rathu 1 think it's negligent. 1 2 community center is, in essence, acmes the street, 2 don't think there's any negative intent. But because ' 3 which would be within. 200 fat, I believe. To whet 3 I'm your advisor, I'm a little eonoemed that normally 4 extent do we have a right to receive notification, Md 4 we asked police ofhcen to speak Just u A communtty S wbe would do that and who would object? Ilow des the S person. Anybody in the city an ad up and speak, but 6 City handle that situation? 6 it is worrisome to me that he did use his apocity 7 M0. Buca: Well, I think on a zoning 7 them, He has the right to ad up and say I live in I case, if, in fact, we had a like this facility. i Denton and I've obwrvW No aura As a Denton citizen 9 Whenever you have property, you have the right to have 9 and say whaleve, be wants, RM I'm hoping he will say 10 the Council past; a resolution directing the city to whatever he's comfortable to say. But he cannot speak I I manager to take a position or to have a staff member I t to you in the so,BC of being I'm a police officer 12 present a position of the City lam like If you're next 12 assigned by the city manager to talk to you about this I S to the County, you know, the Commisaloners Cowl could 13 as o result of a recommendation. That's all I'm saying 11 have someone come tit and speak on their behalf. There ll on that end. IS it an avenue for doing that if that is the desire of is MR BUCEK: What cOrlarnt me the most is 16 management or die City Council to do that. 16 the lisue that wh'va talf,ed about In the put, you 17 but. 1?loEI.UKECHT, Three let lac ctk you 17 knew, when we have zoning aces come up and Re're 16 this. To what extent is It our place, given+hal this 11 taking a bunch of items off. You know, there's a 19 is a land-use Issue, to make a meommendat lon to the 19 hundred things you con do in that zoning category, and 20 City Council one way or the other with regard to 20 we're Solna out, talkng A bunch of items out. Anytime 21 advising the city manager with the regard to a 21 you're taking lrkful things out which the end moult 22 dim lion of opposition or Pot with regard to this 22 mans that them it a lawful business that can't 23 um. 23 operate anywhere in town because every time th•.ir Cate 2 t MR BUCEK: Well, this It a soming CAN. 24 coma up we put a coaltion on them, we open ourself up :S and so the theory is you're making a recommendation to 35 to some constitutional violations. Page 126 Page 128 1 Council as to whether or not what you think Is the 1 And whet I'm saying here, be certain 2 appropriate toning for this Item. I think the one 1 that as you took at the Issues of this is tatted 3 of the concerns I Suess that I have is you we what 3 muld-family. Is it better for It to remain 4 you have here is a letter that appears to be someone In 4 multi-family In the overall land-use issue of the City. S their official capacity. Thal letter to not possible s to be lute we look at ` f+~c kind of things and bow it , 6 ueder our regtdatlons bocam the Council can only 6 transitions with the neighborhood rather than looking 7 speak by resolution or ordinance. So Mr. Hedges, l 7 At is there criminal activity that could occur there. 1 think. is talking At a law enforcement person convened 1 That's what I'm saying, The law presumes them won't 9 as a law enforcement person. 9 be any criminal activity, and if there is, the police 10 Ma MELBRECHT, Aiahl. 10 will sx that it Is removed. That's the only thing I I M0. BUCEK: But he 1 Just want to be I 1 that I didn't know where we were going on that, and I 13 sure, He can't speak for the City, per se, Only by 12 wanted to be sure we were clear. l3 resolution or ordinance an we do it. I drink what I'm 1I Mlt. RISHELt I see that Mf, Hedged' 14 saying to you, you an take whatever Information you 14 statement on the bottom or iden0cadon on the bottom IS naive, and you have to make a xaommemdatlon on what 1s more is a point of Information for its. As I say, if he I6 we have. 1 s had intended it to be some 1:19 from the City of 17 MA- a1SHEL And that letter was tot on 17 Denton, ;a would have put It on Denton stationery, so 1 In. official stationery or snyddog, so he followed exactly I I we mo- d A point 19 what you sold. 19 , r 13UCEK: 1 think No Is supposed to 20 MR nuca: That's right. 20 be an El-mid, 21 MK atSHEu It's not on Denton 21 MA. RSUBL, -a point of ref-re. Of f r' 12 stationery. He lid it as on individual. 22 where hole coating from. 21 M0. BUCEK, No, be didn't, air, That's 37 Mit. icu: I would like to Ask for some 24 what her made It a concern. If you look hex, it says 24 clarification because D may have mlttalcenly given some PS Wet Side Ara Coordinator, Denton Police Depwtmmt. 2s bAd advice today. We t&Wd about Mr. Hedgu coming STOFFELS & ASSOCIAT13S DENTON, TEXAS (940)565.9797 Page 12$ • Page 128 ` Z8. r l PLANiQINQ ZOAIiTd0 .6-23-99- - Condcnseltin' ! and in whet Capacity. And what I asked that he bo age p or 29 Page 131 2 what 1 felt was appropriate was that if he is running a 2 o that taxi anY°"a Presser to speak In Program and It didn't they're not across the street, PPesuion to the petition? Anyone present to speak in 1 4 71ty'w got adjacency to this property, if t~ 3 opposition to the petition? s running programs hat arc bc( .re 4 1 wittrnw: Ntr. Chairman, Members of thern. end he n8 oI he s City S the Plannl and Zoning e and he's responsible for ? be an Impact on those programs specificc&lly there may 6 related to ? 2~9 a~ representtheRazorInvca~ COa invcst My name is Mike nmU . They own e a land use compatibility issue, l felt that he could, im edict ly stress the road from this proposed 9 in his Official capacity, talk about those issues. And 9 a ro~I~ They consider 11 to h opposed b opposed 0c cang; hang. eat be valuable l o if 1 told him incorrectlY, then 1 treed to be then I pf0' and Ney're very much ng the I! meet to refract that slaterrenl beaus n 1 thought if 1 It been 0 wing Of this me lot in the middle of property Uut'a 12 there h the Owslcy Center very tearby and he felt that 12 retailro~ mulrci amy for many, many years to ■ 11 that could somehow detrimentally affect that land use mmcthe use. 14 that he's responsible for operating, that that would be 11 Nlnk a question SbiPO the Point has ban b 15 appropriate testimon rotlght up, I y tonight 11 Officer that you mlttht oak yourself IS if Ice MK BMEK: I think what I'm saying is cer it Segeant Hedges Cant speak l7 that when because 16 Officially for the City and I agree that he cannot II wherever your any employee that works, o unless hate to designated by the City Council to do so, they work and he happens to work for the I s who received notice of this for the City? Did it go to 19 City anyone who's an employee in a building next to 19 the city manager of to 20 a business can report to you what their observations 20 considered this? Were sty Council? Have they 71 arc, The only thing I'm saying to you is if the they Pm i cootie of this 23 observation they ax is criminal activity, that's not 22 Cinly, lnomheally be should whether here a1 behalf of the 23 the fault of the land use. It may be the fault of the 21 against this since theirpr' as for u 24 operator or It may be the fault of the people that am 24 outreach lief a property and Wa ant to this progr 2$ coming there, and to the City has the responsibility to 2f and the direct Hof that'. is foaled e1Jont to Nis Program is apparently very a enforce the taws and to resolve that. Page 130 2 t concerned that the Impact of this zoning chan Page 1? 1 what he iS s seeing is o I think Just can someone who report on dim as has to en it ~ 2 have on his efforts In that community?~ mot 4 only thing that worried me from the official capacity, 4 Mr. Bu k sold about pw resam" nth what S 1 just wanted to be sins that he's note akin to us Pals ve need to make, rsean e In the sense of making a representation n behal?of 6 overall c''smmunity and change ~can at's wh t h pppened. I ? the city manager or the City Council. t MR. HILL: No. And 1 don't think he ? 1 think if you go up Bonnie B' titers 9 would do that, nor do 1 believe he is going to talk 9 are some 10 about any po"tial criminal behaviors resulting from to that up to the center of ft Could you jugt move ! 1 the land Casa 12 MR, bUCEK: Very good. I think we're 11 MR Wttrrrpr; Oh,1'm sorry. 1 13 very close thin. 12 didn t 14 MR, ENOELBRbCIiT: Okay. 14 MR ENt1&LBRBCFfh There you ge. Thank i1 MR. HILL: I just don't want to get is you. 16 arrested or enfth(ng. MR. wH1TTEN: 1 think if you go up 17 MR GL'CEY.: I want to say this, l know 16 Bonnie Brae, unless it's been changed since 1 grew u It Gregory Hedges, and he's one fine individual, and 1 u 17 In We single-family homes still along Bonnie Brim there the; it don't want to get arrested either. 19 am 20 MR, ENOELBRECHT: is there anyone 20 still (here, r , 21 present who would and I don't even remember if I 2! would be uThen yot p here,iand I tMnk t hart''`s where Mr, Jin enez' A, which 22 asked if there's anyone present to speak in favor, All 22 builnees Is presently et the f , r \ r 23 right 1s there anyone present who would like io speak 23 Bonnie Bra1 don't know cotter of Oak sad 24 In favor of this petition? Anyone present to speak in 24 kid nine years old and when that was ' ~ 1 was s know vwy 25 favor of the pelitlon? 21 IQ" outhere, that building was there being otensed STOPMLS tit: ASSOCIATES DEWON, TEXAS (940)365-9797 Page 124 -Page 132 29. t PLANNING & ZONING, 6-23-99 Coodenseltla" Page 129 Page 131 1 and in what capacity. And what 1 asked that he dolor I In that can, anyone present to speak in 7 what 1 felt was appropriate was that if he is running a 2 opposition to the petition? Anyone present to speak in 3 program and it didn't they're not across the street. 3 opposition to the petition? 4 They've got adjacency to this property. if they're 4 Mlt warm.. Mr, Chaimm, Members of S running programs that am being operated by the City s the Planning and Zoning Commission, My name is Mike 6 and he's responsible for them, and he fools there may 6 Whitten. I represent the Razor lnvcgu=ts, They own 7 be an impact on Na programs specifically related to 7 29 acres Immediately across the road from this proposed 1 a land use compatibility issue, I felt that be could, 1 rexontng. They consider it to be valuable development 9 in his official capacity, talk about those issues. And 9 property, and they're very much opposed to charging the 10 if 1 told him incorrectly, then I treed to be then I Io zoning of this one lot In the middle of property that's I I aced to retract that statement because I thought if l l been zoned multi-farrly for many, many years to a 12 there is the Owsky Center very nearby and he fait that 12 retail or commu-clal use. 13 that could somehow detrimentally affect that land use 13 Sine ure point has been brought up, I 14 that he's responsible for operating, that that would be Ice think a question that you might ask yourself Is if 15 appropriate testimony tonight is Officer Hodges - or Sergeant Hedges can't speak 1 I6 MR, BUCEK: I think what I'm saying is 16 offieiaily for the City - and I agree that he cannot 17 that when because your any employee that works, 17 unless he's so de parted by 6c City Council to do so, 11 wherever they work and he happens to work for the I I who mewed notice of this for the City? Did It so to 19 City anyone who's an employee In a building next to 19 the city manager or to the City Council? Have 00 20 it business can report to you what their observations 24 considered NO Were they put on aWce of this 21 are. The only thing I'm saying to you Is if the 21 zoning change, and should sorneone hat on b.-'Wf of the 22 observation they we Is criminal activity, that's not 22 City, orficially, be saying whether they are for or 23 the fault of the land use. It may be dot fault of the 23 against this am their property and their commun ty 24 operator or it may be the fault of the people that am 14 outreach policing program Is located adjacent to this 25 coming there, and so the City has the responsibility to 23 and the director or oat program Is apparently Mr Page 130 Paje 1? I enforce the laws and to resolve that 1 concerned that the impact of this zonlrg change might 2 So 1 think he can report on that as to 2 have on his effort in that community? 3 what he is seeing as just someone who has wan it 7be 3 And I think while I agree with what 4 only thing that worried me from the official capacity, 4 Mr. Bucek said about presumptions we need to make, S 1 just wanted to be sure that be's not speaking to us S nevertheless, a zonitrg change can adversely impact an , 6 in the sense of making a representation on behalf of 6 overall community, and 1 think that's what happened. 7 the city manager or the City Council. 7 1 tm-& if you go up Bonnie Brae, there 1 MR. HiLL: No. And I don't think he 1 are wrote 9 would do that, nor do I believe he Is going to talk 9 Met ENOELBRECHT: Could you just move to about any potential criminal behaviors resulting from 1o that up to the center of the I I the land use. I I MR. wi-trrr m 014 I'm softy. I 12 MR. Bum: Very good. 1 think we're 12 didn't IS very close then. 13 MR. ENOELBRECUT: Thera you go. Thank 14 MR. FWOPLBRECIIT: Okay. 14 you. I S MR. HtLL; 1 just don't want tort is MR wwrre : I think if you go up j 16 arrested or anything. 16 Bonnie Brae, unless it's been changed since I grew up 17 MR, DUCEK: I want to say this. 1 know 17 in this neighborhood many years ago, there are some I I Gregory Hedgta, tend he's one fine Individual, and 1 is single-family homes still along Bonnie Brave there that 19 don't want to get arrested either. 19 are still there, 20 MR. ENGELBKECHT, to there anyone 20 Then you go on up to Oak Street, which 21 present who would and I don't even remember if 1 21 would be up here, and 1 think that's where Mr. llnte < < ` 22 asked If there's anyone present to speak In favor. All 22 business Is presently located at the corner of Oak and 23 right. 1s there anyone present who would like to speak a Bonnie Brae. I don't know you know, when I was a 24 in favor of this petition? Anyone present to speak In 24 kid nine years old and when that wait the very end of 2S favor of the petition? 23 town out them, that building was there being operated STOFFBLS & ASSOCIATES DMON, TEXAS (940)S65.9797 Page 129 • Page 132 , 29. c PLANNING & ZONING, 6-23-99 - - Cordensoltt'vr Page 133 - Page 135 1 os a retail establishment. And I don't know if that Is I Ma OOMIe; And to he's not 2 a zoning matter or if that's just something that has 2 directly he's kind or to the north. He's 3 happened and been there forever and ever, and that's 3 catty-corocred to 0 Okay. 4 why it's that way. But we believe that putting this 4 And my next question is: So the s establishment in here will not improve this 5 property that', really in front or you Is office, so 6 neighborhood. 6 right above the site is wood ofrice7 7 The Bar Bare was mentioned, and that 7 naay. And then general rc41L So it t should be the Bar Barn and Tatoo Parlor, as 1 recall, s looks like bus site has already been surrounded by 9 It's there. T1rro's nothing we can do about it, but we 9 certain something other than mull-farnlly already. 10 don't think another retail or commercial establishment 10 The zoning's kind of started ■ I I on the east side of Bonnie Brae adds anything to this I I Ma. wHnmw. Everything to the past 12 community. We think it does detract, and we think it 12 Is yeah. Get a yeah. Okay. All right. 13 hurts the property values of the adjacent owner, My 13 There U Your toning map. L4 client feels very strongly that establishing a business 14 M& 000RDIE: That's tight SO we're 15 on this site will impact the value of his property. I s following a veeLA line there. We've got office; the t6 And I think that is an appropriate concern for this 16 proposed toning right Dow, general reta£1; 17 Planning and Zoning Cornntission. 11 multi-family, and then general retail. So we seem to 1s r don't know any details of the plan. is be heading in a path or changing this neighborhood 19 I've heard it's going to be a video store. I've heard 19 already. And I'm just kind of curious as to why Chia 20 it's going to be a music store. It may be a 20 trend is so horrible right in this area, especially, 21 eonveni;na store or a restawant I don't know what 21 when everyone considers all this mull-family 22 it's going to be. I know when you rezone it or if 22 dilapidated spartsnents as an eyesore to that tide of 23 you rezone it retail, then whatever uses are allowed 23 town. So I'm kind of I'm bail ed at the mixed 14 under that use, this owner or a future owner can use. 24 messages I'm gett£ag by everyone saying this needs r 2 1s 1Tut community has for many years been a 35 be upgraded and improved; we teed to do something with Page 134 Page 136 i multifamily predominately, multi-family I this side of town. And then to have people say don't 2 neighborhood. I think that's what it slmdd stay. I 2 do anything; lave it multi-family. And I'm Just 3 don't think we should make an exception for this one 3 trying to understand the position. 4 buss xss. And that's what you're going to be doing, 4 Ma wwr,FN: 1 think it should be kft s And then the next question is: When the s mold-ramily. I think that there are building issues 6 next fellow comes along and wants to tear down an old 6 and code violations the City could very well take up 7 duplex and put a business in, are you going to go ahead 7 and do something about In the rw.ighborhood to Improve a and change the character of that community, which t I It. But not everyone Can live !n a single-family hone. 9 think is what you're going to be facing if ywi grant 9 'there's it need far multi-family. Many of those I 10 this one, to spanirttents are still students, and that need does not I I MR ENGPL9RWITr: I think that's the 11 cease to exist in Denton. So I don't know Why you 12 Pave rninutes. 12 would Consider putting a CD store, slash, dell, stash, . 13 Any questions. Okay. Well 13 convenient store, slash, video sture on, improvement to 14 Mir wHIrrm- That's all I have. 14 a neighborbood where people live. I wouldn't want it I $ m;L ENaELBRECHT: I'm sorry, This 1 s in my neighborhood, and you wouldn't want It In yours 16 wasn't working again. 16 Ms oouxom Well,1 have it in my 17 MR w1tITTm That's all I have. Unless 17 neighborhood We all do. Nele6orbood centers arc is you have some questions, that's 41 have. I I happening that way. What I'm Wondering) is from what I 19 MR ENGELDRECHT: Yes, Ms. Oourdie. 19 know of this area, a tut of people walk 20 W. OOURME: Your 29 acres is zoned 20 atlt wm rrEN.. This is not a neighborhood k' t 21 commercial, correct Mr. Razor's? 21 center. ! 22 MR, wHmEN: I think that --1 don't 22 M& oot1R m I'm not wying it was. 23 believe ao. 23 I'm saying we all have video stores; we all have those 24 MS. OOURDIE: MF-11 24 little compact things. I'm Just curious as to this 23 MR wHrrmm It's mm, yeah 2s ncloborhord people live In this oe£yhbahood STOFMLS & ASSOCIATES DENTON, TEXAS (940)565-9197 Page 133 - Page 136 30. I C k i ` PLANNINO & ZONING, 6-23-99 - ' Coodenselti m - Page 137 Page 139 I where is the closest place to buy a record or Cn ' I know why there are - there appears to be waxen by. 2 because, you know, wt've got people who live in 2 folks who have worked for a long time in the Owsley 3 spartrnents. Where would they have to go? 2 Community, and 1 6xss my question is: For whatever 4 MR. WP TTEN: III= or four blocks down 4 reason, they weren't able to make that neighborhood s Hickory Street, down in the college area; or they can S meeting. One of them, obviously, you did have 6 go to the present location, which is about two blocks 6 Imowledge of, and i was wondering why you hadn't 7 or three blocks up on Oak Street, I suppose. 7 attempted to talk with them or better understand their s MS. OOURDM Thank you, 1 position or at least explain how your position would 9 MIL ENGELBRECHT: Other questions for Mr. 9 offset their concerns. to Whitten? Thank you, air. 10 MR t m4n: when we had the meeting, I 1 Is there anyone else present to speak in 1! sir, them was nobody who showed up. At that point in 12 opposition to the petition? Anyone else present to 12 time, I understood that there was one letter that i I $ speak in opposition to the petition? That being the 13 got, It was for the petition. And 1 went home with a 14 case, the public hearing is closed. 14 positive thinking that people agree with what I wanted Is There was apposition. Mr. Jimenez, you i s to do at that location. 16 have in opportunity rebuttal, if you'd like to make 16 MR. REICHHART: If I can interject, 17 any remarks. 17 also i1 MR IDALNEZ: rm a small sin. 1 got is MR ENOUBRECHT: Yes, Mr. Reichbot 19 three daughters, two in college; one in junior high 19 MR. REICHHART: At that time I had also 20 Mr. Razor has got millions and millions of dollars. He 20 explained the E-mail I had gotten from Officer Hedges 21 don't need no more money. 1 got to raise this family, 23 And after and them was some a little 22 and maybe I shouldn't say what I just say. But this is 22 misunderstanding of what was being pregr-sed. And 23 something that I'v: been working for all my life. 1 23 Officer Hedges was on vacation, I believe. 1 mean, It 24 was trying to get something, to build something. I 24 said he was going to be out of town, unavailable for a 25 want to do something for this community, sir. That's 25 while, but he would be available tonight r Page 138 Page 14 I what I want to build, a small business them. That's 1 And 1 did explain that I would be 2 all I got to say, 2 contacting Officer Hedges with what the Applicant had $ MR, ENGELBRECHT; Just a moment, please, s told me, and if then was a rdvA we would try to get 4 Commissioners, any questions? 4 them to work together. So, I .1,61n, there was some type s Ms. GANZER: Mr. JimeneZ s of communication through me to the you know, to 6 MIL ENGELBRECHT: Yes, Ms. Ganzer, 6 Off;ar Hedges, to and we did talk this afternoon a 7 Ms. GANZML- If you don't mind my 7 little bi•, too, v s asking, what's the size of the lot where your present a MIL ENGELaRECHT: While you're here, Jet 9 business is, approximately? 9 me and I'd lice for you to be here because I want to 10 It does not belong to me, ma'am. to ask this question about the legality. Did we notify i I Ms. GANZER: Okay, So you're j•sst i I the City? Did the City receive a notice? 12 kasing that space? Okay. 12 MR REMHAIM Yes. 13 MR )MENEZ: Pm just leasing, yes. 13 M1at I NOELBRECHT: lblvo Nas it mailed 10? 14 MS. GANZER: Great Thank you. 14 MR AEICHHART: I'd have to check with 1s MIL ENGELBRECHT: Other questions? Is the --1 think it goes right to City Hall, I think 16 MR POWELL: Yes. 16 it's the city manager gets it "We've done it before. 17 MR ENGELBRECHT: Yes, Mr. Powell. 17 We do notify anytime there's a City property, the City l1 MR. POWELL: Memory tells me that this is gets a mailing, and it's i9 property is now vacant Is that right or am I wrong? 19 MR ENGELBRECHT: Do we have a policy • i r' a 20 MR, IMENPZ: The one that I'm planning m do you happen to know what the policy is for the City 21 on rezoning? 21 handling a notification like that? J 22 MR POWELL! Yes. 22 MR BUMK: Ism assuming the just send it ✓J a MIL INFNEZ: Yea, sir, it is. 23 to city manager, City Hall, but I've never 24 MR. POWELL: Thank you. 24 MR ENOELBRECHT: But, l mean, once it 25 MR ENGELBRECIIT: I was just curious to 21 arrives there, do we have a do you know what the STOFFELS do ASSOCIATES DENTON, TEXAS (940)565-9797 Page 137 • Page 140 31. 1 1 1 PLANNING & ZONINO, 6-23-99 Condenseltlt" Page 141 Page 143 1 policy is for handling it? Is it forwarded to the City i when he should be speaking on his own? Do you 2 Council or do tticy put it in File 137 2 understand where I'm coming from on that? 3 MR. BVCEIC 1 think what you're 7 MR ENOELB1 wa: Right. ' hat's a good 4 forgetting is that We is going to the City Council, 4 point. ; s so the city manRger will be able, Mr. Etgelb"t, at 5 m RiLu Again, if 1 can go back 6 that meeting to make any eommcots if he wanted to, and 6 and 1 7 he could make them to you here if he wanted to. 7 M. GAMER: Because it makes it took B But I'm assuming when he gets them s more official. 9 well, in the six years I've been here and Neve been 9 tat. HQ.Lr Well, quite honestly, and 10 doing this, I've never seen the city mwiger come to to this is, again, what we had talked about, what I had 11 one of theme is make a recommendation. I think the 11 asked Mr. Busk about a mlDuto ago, that the intent 12 concern they have Is probably tryir j to stay clear of 12 would not to be to discuss potential criminal aspects 13 not getting involved in that and loting you and de l i or anything like that, nor would it be to speak on 14 public hearing decide what's appropriate. But its is a behalf of City Council or on behalf of the City of 15 not to say that two weeks from no v he may sho ; up at is Denton. 16 one of your meetings and make a r "mmendal o,%. i6 He has been and 1 on tell you this 17 ML ENOELBRE M Okay. I guess my 17 for a fact, that the city manager and the police chief 1 s response to that is in this situation, we have ■ is both know what M been happening, and we've simply 19 community that the City has poured tens of thousands 0 19 been trying to be cereful to make aunt that he couches 20 dollars of resources into; the private community, to his terms relative to his operations at Owsley. And 21 through a variety of different organizations, has 21 that's really what we're trying to talk about here. 22 poured in tens or thousands of dollars. And we did get 22 And it's an official capacity. He does that as a 23 one response, and all of a sudden, maybe it's nullified 23 police officer. 24 and we don't hear from anybody else; and, frankly, it 24 M& POWELL: T, for one, am quite 2s seems to me this thing ought to be put on hold until 2s comfortable with him owning down here in or out of Page 142 Page 144 1 the next time around and let all those people talk to 1 uniform because he's coming here because he works right 2 one another. I'm not very comfrtable with all of this 2 text door and 3 in this current 'Nation. 3 Ms. oANZEJU 1 agree with that, std h 4 Ms. aAxzEa: 3 feet like if the City 4 know Ong and all that. I'm just asking from the legal ~ s really had a problem with this, being an 4socrnt s point or view. 6 property owner, that they would have sent someone in an 6 MR MEUprarrl lull right I think 7 ofricial capacity to speak for or against this. 7 that was a very good comraoat, Ms Glazer. Yeah. Very I Ms. ArrtE: 1 would hope there would be s good. But 1 didn't ralixe that he was waiting for an 9 true, also. 9 invitatir;t, Okay. lr at's fine. 10 MR. 101. May I make a to And, Mr. Jimenez, we will give you I I Ma. MISHEL Can we atilt beer from i i anodes opportunity to speak after his remarks 12 W. Hedges? 12 because if there'a a negative aspect to, It because 1 13 Ma. HILL 'That's the thing I wanted to 13 think that's only fair from your perspeca'va So If 14 bring up. Mr. Hodges thought that he noeded to be 14 you'll just have a seat for a moment, we'U ask him 15 invited to come down rather than speak during the 15 we'll ask Orficer we'll ask W. Hedges to come t6 public bearing. 16 forward and address the Commission. 17 MR iusiiEL' t would certainly like to 17 If you would, give us your just your 1 s hear from W. Hedges. is name for the and the to. Jet give us your name 19 MR EsaEuREcHr: Okay. 71st was not 19 for the record, pleat. ~ r 20 made clear. 20 Met HEDGES: My name is Greg Hodgea, and i c 21 Me FUSHEL i would like to bar from 21 I appreciate the chance to speak on behalf of this. 22 Mr. Hedges In a nonofficial capacity. 22 For the last ten years, it has ban not 73 Ms. oAraEa: Let me ask this, please, 23 only my job, but also my private ambition to try to 14 fort. Is It appropriate for Mr. IW#a to come down 24 further the cwmr n0y-orkated policing program within 25 here and speak to us In a city of Denton police uniform 25 the Owsley Addition. 7w Owsley Addition, la 19811 STOIrPBIS & ASSOCIATES DEWON, TEXAS (940)565-9797 Page 141 • Page 144 32. t. t~ , ORDINANCE NO. ATTACHMENT 3 AN OljINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM MULTIFAMILLY DWELLING-1 (MF-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO GENERAL RETAIL (GR) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.320 ACPYS OF LAND LOCATED AT THE NORTHEAST CORNER OF BONNIE BRAE AND LOt11SE STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF 52,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-037) WHEREAS, Oscar G. Jimenez, on behalf of Calvin and Wayne Woolover, has applied for a change in zoning for 0.320 acres of land from Multifamily dwelling-I (MF-1) zoning district classification and use designation to General Retail (GR) zoning district classification and use designation; and WHEREAS, on June 23, 1999, the Planning and Zoning Commission recommended approval ofthe requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: S T10 I, That the zoning district classification and use designation of the 0.320 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from Multi-family dwelling-1 (MF-1) zoning d strict classification and use designation to General Retail (GR) zoning district classification and us: designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: 1. That permitted land uses be restricted to those described in the list attached hereto and incorporated herein by reference as Exhibit B. 2. Lighting on the property shall be designed and maintained so as not to shine on or otherwise disturb, surrounding residential property or to shine and project upward to prevent the diffusion into the night sky. 3. That 100 percent of the building exterior, except doors and Windows, be constructed out of masonry. 4. That the roof will be constructed with a' least a 4 to 12 pitch. 5. That no off premise sale of beer and/or wine is allowed. 6. That a buffer be placed on the north and east sides of the property. SECTION 11. That the City's official zoning map is amended to show the change in zoning district classification. 45. i t 4 „ I I ,SECT10N 11[. That any person violating any provision of this ordinance shall, upon 4 conviction, be fined a sum not exceeding $2,000.00. Each day tIAt o provision of this ordinance is violated shall constitute ■ separate and distinci offense. SECTIUNIV. That this ordinance shall become efferctive fourteett (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 Dentwt, Texas, within{ let (10) days of the date of its passage. PASSED AND APPROVED this the _dayof ,1949. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PkOUTY CITY ATTORNEY BY:_rer' IeJ~ L~ + e / I e t` 4~ + r 46. U EXHIBIT A FIELD NOTES 0.321 ACRE BEING all that certain lot, tract or parcel of land situated In the E. Puchatskl Survey Abstract Number 996 in the City of Denton, Denton County, Texas, being a part of Lot 10-R, Block 9 of Ows ley Park Addition, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet F, Page 310, Plat Records, Denton County, Texas, and being more particularly described as follows; BEGINNING at an iron rod found for corner In the east line of Bonnie Brae, a public roadway having a right-of-way cf 60.0 feet, said point being the northwest corner of said Lot 10-R In said Block 9; THENCE N 89' 39 15" E, 90.01 feet with the north line of Lot 10-R to a point for corner; THENCE S 00" 38' 13" E, 155.55 feet to a point for corner in the north line of Louise Street, a public roadway having a right-of-way of 50.0 feet; , THENCE N 89° 56'52" W, 90.00 feet with sold north line of said Loulse Street to an iron rod for comer In said e:at line of said Bonnle Brae; THENCE N 00.38' 13" E, 154.92 feet with sold east tine of said Bonnie Brae to the PLACE OF BEGINNING and containing 0.321 acre of lend. 1 m i I k o , 47, f EXHIBIT B °GR19 General Retail Diatrick PERI~STTED D9 .9t t j :imlk esidf'ntial Useg One Family Dwelling Restricted Community Unit Development et Reemil 'J Hed e at4q Educational, Institutional S Spacial feat Art Gallery or Museum church or Rectory College or University or Private School Community Center (Public) Day Nursery or Kindergarten School Group Homes Halfway House Home for Care of Alcoholic, Narcotic or Psychiatric Patients Hospital (General Acute Care) Hospital (Chronic Care) Institutions of Religious or Philanthropic Nature Public Library Monastery or Convent Nursing Home or Residence Home for Aged Occasional Sales Park, Playground or Public Community Center School, Private Frimary or secondary schools Public or Denominational School, Business or Trade Utility, Accessory and incidental Uses Accessory Building community center (Private) ' (Subject to Approval and Control by Building Inspector) Fire Station or Similar Public Safety Building lerr rT Home Occupr,tion Off Street Parking Incidental to Main Use Off Street Remote Parking Radio and/or Television Microwave Tower Q.Bewsge tet tvn Privati~ Swimm nq Pool Telephone, Business office Te4ephotrr: •4takaa- Recar%, Recreational and Entertainment Usgg Amusement, Commercial (Indoor) rf Self eatitse J public Park or Playground Public Play field or Stadium xBesL Am. Swim or Tennis Club Theater, other than Drive-in Type 48. i r ' uogs$ aaner l Re ail nistriot feonulkBQl. Tr nenortptien Related Uses softerei Automobile Service Uses Auto Laundry Auto Sales and Repair (In Building) Gasoline service ^,tation New Auto Parts Sales Stores Ratan and ervina Type Uses Antique shop Bakery or Confectionery Shop (Retail) Cafeteria Cleaning and Pressing small Shop and Pickup Custou Personal Service Shop Drapery, Needlework or Weaving Shop Florist or Garden Shop Greenhouse or Plant Nursery (Retail) Handicraft shop Household Appliance Service and Repair j Laundry or Cleaning self Service Mimeograph, stationery Letter shop Offices, Professional and Administrative Off Premise Sale of Beer and/or Wine in e P"Vabe el Restaurant Retail Stores and Shops - 4,000 square feet or less Retail Stores and Shops - Over 4,000 square feet studio for Photographer, Musician, Artist or Health Agricultural Tyne uses 1 (no outside runs or pens) yF~at~n-er-Rer~eh Greenhouse or Plant Nursery P . wI TIRI) USES WITH APPROVED SPECIPI I USE PYAL U Educational institutional a Foeoial Vies ggrrnational & EntgrS,B~ m n ~s ti r r 04 Ate-l 1ltil{ v. =~~y and Ines ental~ged j rd Public Building, Shop, yard of Local, State or Federal Government 49. i i s+gnit general Ratail 111e iot taontinyldl Recreational ■nd Entertainment uses x be Tra ~F■}iott Related Uses Helip_~t YARD RROUIRRMENTS2 Front Yards Minimum 25 feet Side Yards No side yard is specified for non-residential use except where a non-residential use abuts upon a district boundary line dividing such districts from a residential district or when the side yard is adjacent to the street, in which event a ten (10) foot side yard shall be provided. Rear Yards No rear year is specified for non-residential use except where retail, commercial or industrial uses back upon a common district line, whether separated by an alley or not, dividing the district from any of the residential districts list-i, a minimum of ten (10) feet shall be provided. It"GHT RF~LATTOxe1 Three (3) stories, except as follows in the districts where the height of buildings is restricted to two (2) or three (3) vent stacks may extend for additional height notlto~exced chimneys (45 feet above the average grade line of the building. Water stand pi pes and tanks, church steeples, domes and spires, and school buildings and institutional buildings may be erected to exceed three (3) stories in height in residential areas restricted to two (2) or three (3) stories in height, provided that one additional foot shall be added to the width and depth of side and rear yards for each foot that such structures exceed three (3) stories in height. 11UPPLPHINTAL RKQO ATIONSt 1. Parking (Based on use. See Article 34-115.) 2. Signa : 3. Lighting 4. Landscaping 5. Screening 6 Fencing 50. t, ATTACHMENT 4 Report to City Council 3y Denton Po»ce Department We understand that as the City Council it is your responsibility to weigh all sides of the issues, which are brought before you. It is certainly not our intention to limit growth or commerce and we understand that both ere necessary and exciting elements of Denton's future, The planning principles in "The Denton Plan', developed from multiple citizen meetings, include minimizing land use conflicts, assuring quality development, and preserving existing neighborhoods We feel that this rezoning would violate many, if not all, of these principles, if alcoholic beverages are allowed to be sold there. The Ovvsley Addition has had an infamous and storied past. Most council members can remember a time when many of the apartment complexes in that area were boarded up, crime was high, kids had no place to play, and the people that lived there had no place to go But then things changed. An investment was wade. An investment of time, energy, faith, sweat, money, land, materials and various resources too numerous to mention. a Long time area residents, who knew that the area had once been a decent place to live, invested a little. a Long time citizens of Denton, who knew that no city could p,osper with blight at its core. Invested a little. a Prominent business owners, who are the backbone of a ill-riving Denton economy and love the town in which they choose to run a business, invested a little. a The Denton Police Department in an effort to implement a then new program called Community Policing, built an officelcommunity center and block by block tried to retake the streets, by Investing a little. e The City of Denton began to vigorously enforce code restrictions and require out of town property owners, to invest a little. a The G*sley Community School, a place v here adults and children alike can receive free supplemental education and training, that will positively influence their lives, Invested a little. a The City of Denton and the Uwsley Coalition created a new park to give the kids in j the area a place to play and in the process, Invested a little. Through these unselfish and insightful investments the Owsley area has seen new growth and new life There is a sense of pride among its residents, which was not therein the bad times. There are still many problems in the area. There is still a drug problem. There are still many alcohol related crimes and disturbwXes There are residents in the area that cannot read and write. There is still poverty. But there is hope. There is a ' battle waged every day and every night by the people you empower to fivl + many of / l these problems. Alcohol abuse is endemic in every area of society but it's impact on the poor and uneducated is catastrophic We know that some things are inevitable and alcohol abuse is one of them. But allowing the change of toning laws to facilitate the 51, C sale of alcohol closer to neighborhoods, closer to church and on the back steps of the very facility that signified the rebirth of this community, is wrong. The negative ramificatiocs that this will have on this very fragile neighborhood need to receive your uti-Am consideration. The City Council has long been a stout supporter for revitalization in th,, area. it is our hope that we can continue to receive your support in this matter. Please consider the exception of alcoholic beverages on or off premises when considering the rezoning of this property located at S. Bonnie Bru and Louise St, f i . ATTACHMENTS- The attached graphs and spreadsheets indicate the progress Av have made in the reduction of alcohol related crimes in the Owsley Addition s,,nce 1993. Grids 630.635,640,and 645 represent the blocks that make up the Owsley Addition. The graphs and statistics supplied will show that in 1994 the alcohol related arrests made in the Owsley area peaked. Officers made 285 pub!,c intoxication arrests, 143 liquor law violations and 44 DWI arrests. Since 1994 the arrest totals have dropped because of a stepped up police presence in the area and a stringent enforcement policy. Included are copies of District Action Plans for the Owsley Addition. These plain were developed as a guide for the offm& to address neighborhood issues that were related to us during public meetings. The number #1 concern on every lists was public intoxication or alcohol related disturbances and litter, Also included in the backup is a copy of the mission statements for the Westside Community Office and the Owsley Community School. i I J 1 52. j k 4 I CHARLOTTE ST III' 2 I arm 2626 Louis* St E a LOUISE ST E fir\ I 53. t s Westside Community Office Mission Statement Mission Statement It is the mission of the West Side Community Office to provide stability to unstable and radically changing neighborhoods by providing positive contacts with the community, establishing trust, delivering on promises, and providing support to the neighborhood through education, recreation, health services and quality of life issues thereby promoting a safe environment and establishing practical partnerships within the community. f 54. s M Owsley Community School Plission Statement i Mission Statement It is the mission of the Owsley Community School to provide free educational opportunities to the citizens of Denton and the Owsley community, affording children and adults a chance to seek out their dreams and realize the opportunities that await them through education. r 55. Denton Police Department Alcohol-Related Arrest Totals For Grids 630, 635, 640 & 645 700 ---ro"- i' 250 200 i i'1 D VI Ln N a 150 A v r (ur. ,yV~' a ■ A A 1 1997 1994 1995 1996 1991 Year -■-pWl Liquor Law Viola!ion ~-P 'b! C In!o ,u anon I Denton Police Department Alcohol -Related Call Totals For Grids 630, 635, 640 & 645 200 191 - 180 160 152 149 140 . 120 118 114 _ _ _ S 100 5rye; 93 v 4~,4y 60 1r, 70 67 60 0 44 58 40 2S 22 20 27 12 15 9 0 1997 1994 1995 1996 1997 1998 Year I1o-icaled Oncer -~Cr-L quer La ti Violation -*-Intoxicated Person _...f„__,._ ^Y. 21 . T_....5^y Denton Police Department Monthly Alcohol-Related Callt. For Grids 630, 635, 640 & 645 160 160 140 120 ~ „ , 100 v v sa 40 20 0 10 " el Months a 1993 1994 A 1995 1996 01997 1998 i l 4 1 f i Denton Police Department Summary of Acohol-Re aced Arrests in Grids 630, 635, 640, 645 1'd93 Most Current 1999 Data Available r. I Count of Arrest M Char Year month 0 Grand Total 1993 January i 5 2 17 24 February 2 3 1 17 March 4 3 15 April 3 3 1 21 may 16 16 June 4 11 15 Jul 1 24 25 August 1 2 13 16 September 4 18 22 f October 5 10 20 35 November 1 2 13 16 December 1 11 12 I 1994 January 2 3 . 21 26 Februa 5 2 21 28 March 3 15 21 39 W1 8 9 26 43 May 3 5 22 30 June 4 4 22 30 Jul 6 4 27 37 August 1 15 46 Se tember 1 45 361 82 October 3 18 27 46 November 4 22 20 46 December 4 3 12 19 1 1995 Janua 6 1 24 31 Februa 6 1 21 28 March 4 4 26 34 tl 5 9 18 32 May 4 4 10 18 June 4 7 H Jul 3 2 14 19 7i August 2 7 9 A Sa tember 6 10 22 38 (Jr .w October a 6 20 34 November 5 10 12 27 ( {I December 3 3 7 13 Pape 1 of 3 54, F it Denton Police Department Summary of Acohol-Retaled Arrests In Grids 630, 635,640. 645 1993 Most Current 1999 Data Available Count of Arrest N Char Year Month Grand Total 19% January 4 8 12 Feb o, ry 9 19 28 wr : 2 13 15 ArAl 4 3 1 23 May 4 5 13 22 June 3 3 17 23 Jul 3 S 20 24 September 1 2 6 October 1 6 November 5 5 10 December 1 2 3 i% 1997 Janua 2 1 3 6 February 4 2 6 March 1 5 6 April 2 1 3 May S 14 June 1 1 6 Jul 3 3 20 26 August 1 8 September S 5 7 t3 October 1 1 4 6 November 4 1 4 9 December 2 1 12 W 1998 January 2 t 9 February 2 S 5 March 3 11 Aril 4 3 t 23 May 2 13 15 June 2 10 12 Ju! 2 2 1 23 r Au st 1 S / ' September 9 tr 2 7 1 61 7 &Y-1 M T611d Mud 4 1999 31 Page 2 of 3 6D. Denton Police Department Monthly Alcoliol•Related Arrests For Grids 630, 635, 640 & 645 teo 4 Sri ~ n ~'V . b S.>&?u w hKb''Y +ltdl&,e M ,~e,e „M ny " a a i pa eta ectr.m yy s~~ e~ - y « e~ afi: x n ,fie ~r 7~ 94•~~'5S nA'~•. ~ 164 rs-" YY'...»;; „M+wy»ra+a w< wFo w'i..r+a+~:u.0..n ~a~t'w,': 1 w tl 4 xi pia t.1 i' i~ s wt 140 k„w »w ~w»Tvc '~'riv' 1 . Q ie N Ifl 1 ~0 d a O Bo D a b0 40 i0 0 Q%10 -4~ Months 121993 ®1994 51995 131996 ■ 1997 01998 c l Denton Police Department Summary of Acohot-Related Arrests in Grids 630, 635, 640, 645 S D93 - Most Current 1999 Data Available a Count of Arrest 0 Char Year Month Grand Total March 4 7 71 2 1 3 ]w RELI on Grand Total 205 272 951 1428 r .0, . i Page 3 0( 3 62. t a r4 ~ THE LAMBERT COMPANY 4 1 July 29, 91 Mr. Mike Jez, Chief of Police 215 East Mckinney Denton, Tx, 76201 Dear Mr. Jez: I have received telephone tails from several of our tenants. They are upset that 'after all of the talk about the C.o.p.s program In S.W. Denton, nothing has really changed.' They feel that dope dealers, whores, thieves and undeslreabias are allowed to hang around the apartments day and nlght, while good honest people are badgered by the police. 1 don't agrea with them about that, but I do want to point out sore problems which need lmmedfete attention in this arcs. 1.) WE were told that If we would post no - tresspassing signs on our properties. People who do not belong on the property would be cited and than arrested if they came back onto the property. I cf(ercd to prefers charges against repeat offenders, To my knowledge, not one tresspesser has ever been arrested or removed from the property. Almost every night, usually between 2:00 and 1:00 em sane or, ail of the following, plus others gang up in the hallways of the Amity Apts. 209 - 217 Ave 6., Glydus Chambers, Teresa and her daughter, a young girl who has a small baby, its still 1,1 a stroller, rands Jackson and there are others. 2.) A large group of up to 15 mexlc"n pen, congrtglte on our back parking lot and the porkinr.tot` of the apartments behind the Amity apartments. they drink boar ind wMtarer, ■ake a aess, rrinatt' on :he parking lots and are a nulsanee to everyoM. " 3.) Mike Wilson and others wise deal drugs have been escorted off of our properties several times, but they still come on the properties, dealing drugs, drinking, urinating in the hallways, in front of people, Wilson has broken into vacant units and slept in them several times. a.) Ewen though we try to be selective in who we rent to, we sometiaw:s rent to bad tenants. When Fonda Jackson, Amity Apt. No. 22 came in to rent, she was highly recommended, but she is supposed to have taken some drug dealers money to Dallas to buy drugs, She spent, lost or she claims, threw the drugs away when she was stopped by the police, either way the dealers have come to tha apartments tIrreatening her and harrassing the other tenants, evidently there is a large gang of them. someone Is going to get killed and I'm afraid ft might be one of our good tenants. The police were called during one particulary bad fracas but said that they could not do anything, why bother to post the no - trespassing lions or call the police if they can't do anything? I am sorry but the pollee in tM " cement city area do not feel protected and frankly I don't either, v r' V47 I f I ry 9 /,oso 2251x, Hickory. Suile B V Denton. Ter a 76P01 817i3a2-5101 63. I f 5.) While driving around the "cement city' area, it is easy to see people who are dealing drugs. At night 1 believe that a drug deal goes down every 15 to 30 minutes in the Arbor Apartments, 2425 t.oulse Street parkiOf lots, sometimes 3 or 4 at a time. ? see prostitutes working all of the t1M. They solicits openly from 2428 Louise, Century Apartments and several other apartments. The apartment managers, maintenance people and owners who are in the area know who most of the drug dealers, prostitutes, thteves and never-do-well types are. I know that the police know who most of them ate too. I'm just sorry that we can't move quicker to site this area safe and more desireable. I can't remember seeing or haarsng of an arrest being made of the known pushers, prostitutes or criminals in this area except when a task force rounds up a large number at one tine. People stand around drinking In public everyday, then throw tther, empties in the hallways, on the tern or fit the street, I hew never seen or heard of one of them being arrested. why can't we expect the same enforcement that is provided elsewhere? I don't think that the area will charge until all of the laws and rules are strictly enforced. To do otherwise just isa't fair to the good people who live in this area. It seem; that the only people that the police are interested in are the "big fish", hat's good but her about all the rat. What do they have to do to get arrested? I hope that this is taken as constructive criticism, it's meant to b4. Sincerely, ppJJnn'' ' George ambert President GL:cJ r w 64. Daman Mee Depirlmigl ' TujwMrea Uan1h#,R4oao Owsley Addition i 'a To Gary Matheson, Field Ohez,mons Mision Commendet From: Gene Gtee%Lieutenant andJimWelborn, Lieutenant DNo: July 11, 1991 Aped Lfo>'dtt-luiw,lN 1I The Communist' Office his not yet been opentd. We are waiting for the us0 at4on to complet9 seastty measures. We have been using (he office somefos reportvnifing, breaks, etc. A special meeting has been schoduledfot July 23,1991 at 1:00 PM to discus rho confirmation of ptosard goals and considoiation of newgoals. God/ DsaeOrtlheamawloluYu~/aper~iredaieini/AM's Objective peep t¢id enfetcemant pt$cy based on input from citizens as to the nei horheed ,priorities end sbncesns above aims Thefollowingare results of erdoscemetdactivitief lnihoforget area duiNthe monthof May. CATEGORY CUB PR=ONUS Loud Pary/Noise Calls 54 79 1 Loud Patty/Noise Warnings 22 ...................24 Loud Pazty/NoiseArsesWCitations 2 2 Public Intosdalon Attests 39 28 DW1Arrests 2 I Minor pPossession Airests 23 ..............16 Consum tionAfterHomAirests/(katioru 26 ......................6 HazardousTtafficVioladons 22...................29 Non-Hazardous Traffic Violations 24...................I naffie Warnings 12 ....................19 Parking Citation; 6 3 kchvity levels scam fo have leveled off for the most patl no only significant ina ease was in r ! ' Corjurription After Hours Arrests. The only significant deaease wit In Loud Party/Noise Calls. OwsleyAddition Pagel b5. i 1 ( A Denton Pollee Department Tariff area b/ontbly Rrporf I r Owsley Addition To: Gary Matheson, Field Operations Division Commander From: 1&nc Green, Lieutenant Jiro Welborn, Lieutenant Date: September S, 1991 ~ ReportMgethP7rlly,'199,1, The Community Office wu opened on July 15. The Community Office Is open on Monday, iWcdncsday, and Ftiday from 1:00 PM until 4:00 PM. The special mcctingcalled for July 23, 1991 at 7:00 PM to discuss the continuation of prose nt goals and consideration of ti" goals u as not successful. No one from the community came to the meeting, E Goal: Detreasetheamountofadaalapertelvedtrlminalactlvity { ObjeclIv. 12,,s1op-jWcL-c iat>crosnLpclisy based on Intnut from ci hens as to th ocip,A~l)1~.d Fr~titics.auds4nssrns.abQUl Brims. . Ube following are results of enforcement actis4des In the target area during the month of May: 1 CA31iGORY CURRENT PRE;VIOUs RQN111 MONT]3 Loud Party/Noise Calls SS S4 Uud Party/Noise Warnings 19 22 Loud PartynlolseArrestsl'iWions 2 Public fatoxkaticn Arrests 37 39 DWI' Arrests 2 . 2 Minor in Possession Arrests.... 17 23 Consumption After Hours ArresWCltations 31 26 e Hazardous Traffic Violations....,......... 20 22 ! Non-Hazardous Traffic Violations 21 24 l Traffic Warnings 14 12 Parking Citations 1 6 { Activity levels seem to have leveled off for the most part 0%slcy Addition 66, Page l c t, k Denton Police Department Tarpel Ana Monthly RepoK s16 4ddiilonv ? t VoKh?s7ft5VAIV,Al.` 1 Date; September 10, 1991 11y: Gent Oreen, Ueutenanl Jim Welborn, Ueutenant On August 6,1991, a special meeting was held with the The following are results of enforcement acthitkes In Hispanic Community. Oneofthe malnconcerns at the the target area doting the month of May-. mccd ng wa s the ava ilability of soccer fields and drinking wateratthefieldonWindsorUr.BobTlcknerorParts CATEGORY CURRENT PREVIOUS and Recreatlon committed to having a water outlet fVIO Tl ON11~ placed in the plcnte area of the park. At the suggestion of some of the residents, a meeting wat scheduled with fgudPlaoolie rive of the residents andPopoGotualestogothr'ough- Calls 42............... 58 out the neighborhood andcontact limps riles. Asecond Warnings 16 19 meeting was scheduled for August 2A 1991 with the ArrestsMiatiom 0 1 Hispantes. At the regular communitymeeung, August 13, 1991, rw one from the community attended the P. E Atresu y 30 37 r mccdng. This is the second meeting In a row that no DWI Arrests 2 2 one attended. On the 16th we met with the Hispania NIL 4 P. Arrests 31 17 and went through the neighborhood. At the meeting on the 20th, no one from the Police Department at. Quumpt mfl After Ifoucs tended. Iwason vacation out oftown,Ll.Oreenwasoff Arresti,'0,6oas.......... 22 M with hit daughter who bad been hospitalized, Sgt Langford was sick, and the field otGcers on duty were Traffic CAUtion busy. We have not yet attempted to contact the Ifit- Hazardous 43 20 panic community members to re•scbedula If no one Non- I tuardout . 3g 27 attends the regular mectingfor September, we will have Warnings... 14.................. 14 I* begin to formulate an action plan based on our Parking 6 1 Perception of concerns that have been previously pressed, Acdvity levels stem to have lneled off for the most part Oaf 1 Drereax the amnura of actual a prrceistid <?Wriat acdsiry Form task forcc [a deal wf t h Eo Street area andaioobot related disturbances In the target ares. Q1ht11ra We continue io target d+e Fry Street arts on Tbunday, I s_,dopjL&trnforctmPrj pgj4bascdoe put from Friday, and Saturday h[Shu. The Public lntoucauon, 61;tensastuthereigt>hmch4oQF~ar aandc~+vec~rr. Minor in Possession, and Consumption After Hour 11294CAmt, enforcement actions addressed above are primarily In the Pry Street Area. As the students began to come / back to school the activity has increased. We began a A utsk force in the area on the lastweekend of the month t (Labor Day Weekend). r Awtier A!L'dnn 67. As W. I t. c. Denfon Pollee Department rarlet Area Monthly Rope, Owsley Addition Oct07r8,1991 By: Geno Green, Ucutanonl Tim Welbom Ueutenwl TbeSeptember Comm unity meeting was Canceled due CATEGORY CURRENT PREVIOUS to a revival at the cburcb. Another meeting was pot MQT: TI mom scheduled. Rant Devils called to Inquire about when we would hive urotbermeetingwiththeHispanitxWe leudparUNaim asked him to have the Hispanks coma to the regular monthly meeting scheduled for October ~ 199L Calls 40 42 Warnings 18 16 We ere beenningmectings with the sbiftelor formula- ArrestsfCitadona 4 0 Lion orm action plan. Theparde padon ofthe residents in the target ara is wantng. We have been trying since P. E Armta M 30 early August to begin the goal t stting prt,cess with the 4 „ 2 Neighborhood Assoclation. Of three meetings ubed- M. I. P. Arran 83 31 uled, one was cancelled and two resulted in no atten• dance from the community. We feel that the mating Consumption After Hours scheduled forOclobergwilldeddebowwrwl8have to ArresWatsdona,«.....».... 18.....,,..«.,.,.„ 22 proceed We rill likely have to put the current action plan In amaintem.xemode andseckoutotbergroups Traffc%5otalldne with which we may olalogue. Hazardous « $2 43 Non•Hazardow...». 37.,„.«,........38 Narcotics trafficking has declined, at leut In public Warnings 18 14 view. We $611 have two or three locations whets the ParUngCitatlons 6 6 dealing be$ moved Indoors, We may have to devise some creative tactics to deal with the remainingprob• Activity kveUseem tobavcleveledoffforthemosipam km. The beresse In Minor In Passeuion charges b due to the Tssk Fora Operation on Fry St. See the attached Oaf Task Fora Report. Decream the amount of actual or prxeiwd c4rnl l fl)lefill acdvity FamtikA ~ iwithF,yStreet ar" andalm6of Q1ltcflta L)*T1GpstticLtnf0cumttntpolicybAHdntllttPAksmt Wecontinue totarget tb.Fry Street areaon7bursday, chlrtaalatotheneigh Friday, and Saturday nights, The Public Intoxication, kb=Ltdms, Minor In Possession, and ConsumprJon After Hours enforce meet action addressed above are primarily in The following are results of enforcement activities in the Fry Street Area. As the students began to dome the target area during the month: back to scboof the activity bas increased, We began a task fora in the arcs on the last weekend of the month (Labor Day Weekend} Sod the ntscbed Copy of the r , Tut Force Report In eddidon to tbat activity, the t r following activity has occurred; t 'Al l r f)wr4r Addirtnn . V elUmMr Paw.1 68. " i I i I I c i i I I I Denton Police Depo.Hmen! Tarjef Area Monthly Report t Owsley Addition I >I;f 4"dnlh ~0}~F~1 November?, 1991 By: Gcne Green, tJcutenant Sim Welbom, IJeuteuant The NAACP chapter at UNT held A` protest march od- jear-"itill be to Identify astlna community groups and October $,1991 to protest police brutality. Ibis seems begin meet ngwith them to explain the C.O.P. progrsm to have stemmed from an Incident on Ave A. In August. in preparation for action plans for the 1993 year, Although the chapter president, Artist Thornton, stated that the protest was not specifics ny apinst the OW Denton Police Mpattment, he celled for a citizens police review board In Denton Recenteonfrontatlons Decreaze the amount of adad or penelved criffdm t with people in the UNT area have prompted several activity ardclesinthelocal newspaper andseveral UMrstudent groups to complain about police activity. Only one 011tefin complaint has been filed against officers, And It Is WII under Investigation. Another group held a silent pro Develop strict enfirmment P.QIICY hued on input test in the Ave A, area. Neither of the protests was c1 w . n u n lahMrhood priorities and coocerfs violent Because tensions are high, we have made sboutsdme, several attempts to contact university student groups and initiate communication about problems. Ooe of 7be following are results of enforcement actmael in which was a luncheon tided 'Police Brutality' at UN 4' the target area during the month: on October 24,1991. Ibis mating with UNT student lea den and surf, may possibly lad toataothercommu• CATEGORY CURRENT PREVIOUS nity group wiLh which we may develop in action plan Min MONTH We are beginning meeungs,with•bifuforformula don 1QUdP rrv/t3ose ' • " • ` t''"''' ' 1 . r 61 id iaw Olin Ili the Niteeitit lft~lt'deda eltsve8 is, each of the other d stricts 'The pa's ilpsUon of the Calls 1» , 79 JO residents in the target area is waning. We have been Warnings 43 19 tr ring since early August to begin the goal setting AnesWCitations 9 4 proccu with the Neighborhood Association. CW four meetings scheduled, one was ancelled, two resulted in P. L Arrests ?2 » M noattendancefrom thecummunityandone resulted In DWI Arrests 3............... _ 4 the sttendanor of two people. The neighborhood M. I. P, Arrests 10 83 association president, James McDade was consulted Consumptan After Flours and agreed that we should put the current action plan AtrestACJudons 1 y 18 on maintenance. We wili put the curient action plan in a matntenance mode and seek out other groups with Traffic Violations which we may dialque. Hazardous 12 32 The sergeants r,e talking with -heir shifts regarding Non-Hazardous 31 37 revtslonof t}ecurrentactir n plan forthe target are& A Warnings 13 18 mccting of supervisors to discuss streegleswnsached. Parking0tadons 1 8 ulcd for October 31, At this mating we assigned one sergeant to each disuict to tu pervise the formation t , of an action plan for the district The sergeants will A, coordinate activities of the officers on each shift that J are assigned to the particular district to develop en- forcement piano to be used until COT. programs an be establ'ubed. Our primary concem for the coming th. slow t Nitinn ^ lyrtn) n Pori 1 69. r c, Denton Police Department Target Ma Montldj R#Md Owsley Addition Report Month' Nd6&W,1991` December 3, IM By: Gene Orece. Ucutenant Jim Welbom Ueutenant On November S, 1991 a community meetingwas held in OLI the Owsley Addition ate Only the Association Presl- dent 'ames McDade, attended McDade spin wets consulted reprding place ment of the Owsley area ac- sL ton plan on maintenance. Mr. McDade stated that be aQ0ilLCtlmt may be moving shortly out of stste. If this occurs, there t may be no par6cfpsdonatallfromtheneighborhoodin The following are results of the monthly enforcement this arm actlvitka In the target ara: On November 11 19H IL Welborn participated In a CATEGORY CURRENT PREVIOUS radio talk show on the lout station, KDNT, Local MONTH MONM political activists boat the talk abow. The show 6called 'Party Uoe'.Theshow watotoeusontherelationship ~pyQPy3yJo between the UNT student population and the Fenton Police Department Artist Tborntm the UNT Calk St 79 NAACP chapter president was invited but did not Warrzinp ««,.,,«..«.w 19 13 attend. Bill Miller, the Student Association president Arrest atstons 2 9 and Winn Winston UNTStudent External Affairs rep- reseatative attended, Cad Young, a local Political P. L Arrests . « . 13 w 22 Activist also attended. The discussion began with the DWI Arrests 2 3 reladonebip between students and the police, but M. L P. Arrests « ...............W 3 10 quickly focused on The recent requests for a Police Consumption After Hours Review Board. When fad Young began to speak he ArrestalGutions 0 11 1 began his personal vendetta apinst the City and the Police Department The focus eventually returned to Trafrk Violations the student relationship. Ilwardous.......................... 15 11 ! On No%:mber 13,1991, Ucutenants Green and Wel. Non•IWArdoua 29 31 born, Sgt Woods, and Ofricer Ifartsfield met with the Warning g 13 Delta lodge members at their business meeting. Prl- Parking Gtsdons 6 marily the members asked questions of the Officers, The members were invited to tide with officers to pin another perspective on police activities. They were also invited to participate in any community best group that ObItettrs may be developed with the students rySicatrarts odalcaGol Each of the Sergeants have held maednp with their totaled groups. Pint Drafts o! the action plans should be forthcoming soon. We continue to target the PryStreet area,-on Thursday, Friday, and Saturday nights The Pu94:lntosicatim Mime In PosswlcA and Consumption After Hours R , am enforcement actions addressed above art primarily in the pry Stmt Area. There have not been any slgrtl0- Decreaw the a vw of ortuat a oercehvd cArniaaf ant problems this month In addition, the following acriviry actMty bas occurred: IfwrLr .fA.firinq • NnwmAer Pnrr.1 70, i WIN t i Devon PotJee Deoartnaent Target Area Monody Report f Owsley Addition Report month .jse""%', M.""I January 6, 1992 gr. _ dene Greeq Vcub nant Jim Welbom, !Awdosnt James McDade has advised that he will not be moving k L P. Arrests 2 » g out of state. He will be moving off premises of the Consumption After Hours apartments that he manager Ar resulatations 7komectingswere hold concerning theUnitedWayof TnfficV"tions Denton effort to es isVish some service in the Owsley Addition. in the first meeting the discussion revolved Hazardous around*bat services might beprovided andwbbtsgen• Non-Hazardous $ 29 cles would participate. The YMCA, Oirf Scouts, Boy Warnings l 29 Scouts, DISD,andUNThaveezpreuedinterest inpro. Parkin tations 3 4 » g vKnaeerAces.tntheeecandmeetingthe"ptoured g g the Owaiey area, A survey will be developed to deter. 0161,011n mine what services the residents wont and are willing to support, 'bete was no community meeting during the month. Activity levels dropped during the month This Is We continue to target the Pry Stmt area on lbunday, probably due to the holiday season Friday, and Saturday nights. There were fewer foot patrols due to the lower levels of activity during the Gall holidays. 7be Public In toa radon, Minor in poaeselon, and Consumption After Hours enforcement sct;ons &cnrare the a/nOeN of canal OF pteelved &brbW T addressed here have Ohm* abeen anysignin the ifiica~t ptSr bl~emab activity month. In addidor%the following Activity has occurred: , Jahlestlst CATEGORY C~ PREVIOUS I?EVelopstrictenfe •m MONTH ddr.n...to h. ".y6016GOQAC;Oatinil4d~Ariml ]wenikaDetsned» 1 » about rrt~, Other Ctut » 0 odyArrpts 11 16 , The following are results of the moothly enforcement Qyjttylsy actmues In the target are, u CATEGORY ~m-:?e t - CJRREKI' PREVIOUS p(~pgc~, M CI= Mo We are continuing to compile Information regarding this objective. Calls e1, $f A, Wamingp ...........................I6 19 !?1Jaetlza " / Arrest lCitsdons » 9.,.................... 2 _ P. 1 Arrests................ » , IJ -o Ivi~t gym tho. Lti~nd month Of •h. repadria oedodd 1. DWI Arrests 2.,..µ..,µ...µa.12 . The toot patrol rwntinues to be ettectlve In the Fry St. area. Reducedtootpatrolin the OwsleyAddidonIs due Owner Addiriar • pccrmLe, 91 11. j t, I I ll I , F Denton Pollee Deprttnatt Tarter Ann Mowhly Repw Owsiey Addition Repon Month - jawry, fl42 t February 41942 Dr. Gene Green, Ueutenant JimWOlbOfn,lleulenegt_ 'floe Ovslay Coalition (United Way Group) mat to Iv L A Arrests » . I 2 Also w, the proposed survey. A dratt of the survey was Conutmpdon Afar dis =W Revisions were suggested. The survey Hours Arrattelatatiooe..» 0............»». 0 ebould be completed by the end of the Dort mWJo& The neat meson; is scheduled for February 14 IM Traffic VWsL;w Greg Sawyer from tLe University of NotthTau called Harardow 27 » » » » S ebouttheunivenhy`roupmeeftHeadvtsedthatthe Non-Huardous 12 » 16 meetin;would bebeWonFebruary 12,1992Wekteod Warning....... 1..».» 7 to have the district officers present, Tbsy wW oooduct ParidaS Citation 1................. 7 du PoUae Departments part in the meeting. There was no community meeting during the month 1?AkAn The district officers have completed tbetr action plans. Fans ,.k feu , tyi t+F xfyeal ores arA gloahpl Tbey *Z be combined and Owed into effect by the and of February. The activitles will begin at the first of the month Future mon"reports wWreflactaetMdes WeoontinuetourptthePrySuwtarse onThurs4 directed at the new adioa plans. Friday, and Saturday nights. There were fewer foot patrols due to the lowerlevels otadMtylo the am The public latomIce n, Minor in Poss"on. WA Can- Doat sumpdoo After Hours enforcement actions addressed above are primarily in the Fry Street Ara. Tbm have Docmw the wtmw of actual or perrdved uiminot not been say slgnlfiant prrobkms this month to addl. activity tion, the fok%ola$ activity has occurtsd: tJllstdtt CATEGORY CURR1iM' PREVIOUS hdomm MOMM ' bY~nnloputl0om arisensuto JLMaU"Ntained.......... 0 0 ghwt crippg, Other Custody Arrests 6 U The tolloMing are results of the monthly enforcement ghbodu octMtks In the target area: Aid on *w" hfid awwwa CATEGORY CURRENT PREVIOUS Offs &M We are conUnutng to a mp,7e Informadoa regarding Lawp NnIN this ob*-Uve. r~ S]11uYn r ~i l,- ~ Warning .„....,........»..»,.29........»»,..».16 Arratalatatlona ...............9.................. 9 I P. L Artvets.» » » » .19............w 0 DWI Arrests 2 2 The foot patrol oontlnues to be effedW In the Fry St, Pate 1 Owdey AUdon • larwary 1992 72, e r; DENTON POLICE DEPARTMENT COMMLINITY ORIENTED POLICING GOALS ATLUtNT ~!~R:iiGll• ..Woods DAM- 01/0UpM1?!li142 A11tOLAREA West DbTR7CrK7RlD 107 OOAU Decrease the amount of &ewe or pero" criminal activity, owerTNS Develop strict enforcement policybuedoe input from ddscosas to the "Shborhoodptloriti and coneems about crime. ACIIVITY A DESMPTXK 'A.' Dwdoat6aloputA+entbaaitWelr'eM~MN~~a~M~vervilllOOntinueoutcurren enforement policy that requ'ra officers to take one of the following spedCK actions written warning citation or custody arrest ,Tba t an have ,~~ahi~oest~od prforfda+i i~ ~'j ek N, Itwill be the shiluergeantsresponsibility to track and ensure that of mmincomplftwi the enforcement policy. G Develop a continuously updated list of problem ImU-.-ru that are consistently In violatloc of these policies. Also keep l su of persom cootuted at these Imtlons, This list will maintained in the Intell1poce Me. Afik will be kept in dbpA& 11w '11a will contain wasnin elusions and actual dutions and will be filed by street name, ihr ails will be together sons to sbowfrequencpof the call. Itwouid be therespotbtbilky of thepstrol to N this worm" ' D. Take strongerenfotremeotaeUononthe habituaidolatar. Wamingdutloneneeda fotlawedbyahardback citatlon. Hardback duuJnnswould befollowed byarrests.Itwfiistn be up to officer d1wetion when to close down a party, however If upon first response I appears as I (problem will oontinue then immediate actkm needs to be taken. I t: ttberneidhborboodoomnusucbud.vgcuforameotwglbcaddrmWinottwoo Lion of this acdon lace ` MANPOWER WVOLVW. An duty officer iIPMP.NT NEEbm No am equipment needed L'R UN ITS AFPECMD, ! Sutlsticel services No am costs anticipated Oartf.1002 hM y 71. ca c, DENTON POLICE DEPARTMENT COMMUNITY ORIENTED POLICING E Alr fkore~ae amount of aitua1 a perceived crimliul actlvl . ttcma Develop strict enforcement police based on Input from cithem as to the aet6bborbeod priorldoo and eooom about crime. A. A strict enforcement pollcy will relnforoe the mesaap to dtheoa that theft worm a beiinS a~ roprdins our effort to reduce tbeir pmgdon of ertme m tbel B We will deterropeatoffenders bymalntatriMSabtgblevelofedmumentactionlntbatu free. G Stronger enforcement action taken m habitual violators abould abow a decrease In calla 0 thla nature by the same time patiod next year. a i s t, l1Y"~ G t7eetr. H!?. Pee a 74. . r c. j 0 I f DENTON POLICE DEPARTMENT COMMUNITY ORIENTED POLICING- ACTION FLAN BUPERVISORf LT. GREEN/ LT. WELBORN DATEo 01/01/92-12/31/92 PATROL AREAc WEST DISTRICTi 107 GOALm DECREASE THE AMOUNT OF ACTUAL OR PERCIEVED CRIMINAL ACTIVITY OBJECTIVES DEVELOP STRICT ENFORCEMENT POLICY BASED ON INPUT FROM CITIZENS AS TO THE NEIGHBORHOOD PRIORITIES AND CONCERNS ABOUT CRIME. ACTIVITY AND DESCRIPTION1 A. BASED ON THE INPUT FROM THE CITIZENS REGARDINO SPECIFIC CRIMES, WE WILL CONTINUE OUR CURRENT ENFORCEMENT FOLICY THAT I'~E,GIUIRES 0FFICERB TO TAI:',E ONE OF THE FOLLOWINJ I~OD~SFEGI.F C ACTIONSI WRITTEN WARNING, CITATIO14 OR CUSTODY ARREST, 11JR gal; >~fCA IJTfii~~IvIA6Uff'' 1;I7T~f7~ A VIOLATI0NS." i R. IT WILL. BE THE E; 1aF'f SERGEANTS RESPONSIBILITY TO TRACK AND ENSUkE THAT OFFICERS ARE COMPLYING WITH THE ENFORCEMENT F`OL. I C Y. L. DEVELOP A CONTINUOUSLY UPDATED LIST OF PROBLEM LOCATIONS THAf ARE CON9ISTENfLY IN VIOLATION OF THESE POLICIES. ALSO KEEP LlbTS OF FERSON9 CONTACTED AT THESE LOCATIONS. THIS LIST WILL BE MAINTAINED IN THE INTELLIGENCE: FILE. A FILE. WILL BE KEPT IN DISPATCH. THE FILE WILL CONTAIN WARNING CITATIONS AND ACTUAL CITATIONS3 AND WILL EE FILED BY STREET NAME. LIKE CALLS WILL BE CRULIPED TOUETHER 50 AS TO SHOW FREOUENCY OF THE CALL. IT WOULD PE THE FEdPONSIBILITY OF THE PATROL OF=FICER TO FILE THIS INF ORMAT I L'N. 0. TAKE STRONGER ENFORCEMENT ACTION ON THE HABITUAL. VIOLATORS. WARNIN3 CITATIONS NEED TO BE FO0.OWED BY A HARDBACK CITATION. HARDBACK CITATIONS WOULD BE FOLLOWED BY ARRESTS. IT WILL STILI. BE OF TO OFFICER DISCRETION WHEN TO CLOSE DOWN A PARTY, H014EVER IF UPON FIRST RESPONSE IT APPEARS AS IF FRODLEM WILL CONTINUE THEN IMMEDIATE ACTION NEEDS TO BE TAKEN. J, w E. OTHER NEIGHBORHOOA CONCERNS SUCH AS DRUG ENFORCEMENT WILL BE ADDRESSED IN OTHER SECTIONS OF THIS ACTION PLAN. MANFOVIR INVOLVEDf ON DUTY OFFICERS J EGUIFMFNT MEEDEDi NO EXTRA EQUIPMEIJT NEEDED 1 75. OTHER UNITS. AFFEC:TEDt,- -STATISTICAL SERVICES COSTSs NO EXTRA COSTS ANTICIPATED ANTICIPATED RESULTS A. A STRICT ENFORCEMENT POLICY 64ILL REINFORCE THE MESSAGE TO CITIZENS THAT THEIR CONCERNS ARE BEING ADDRESSED REGARDING OUR EFFORTS TO REDUCE THEIR PERCEPTION OF CRIME IN THEIR NEIGHBORHOOD. B, WE WILL DETER REPEAT OFFENDERS BY MAINTAINING A HIGH f LEVEL OF ENFORCEMENT ACTION IN THE TARGET AREA. C. STRONGER ENFORCEMENT ACTION TAKEN ON HABITUAL VIOLATORS i C SHOULO SHOW A DECREASE IN CALLS OF THIS NATURE BY THE SAME TIME PERIOD NEXT YEAR. I i i f1 +r j j +I 76. ti w c I 1993 DISTRICT 107 SVMNIARV PREPARED BV: SGT. TONI WOODS OFC. GREG HEDGES OFC. L. B. JAMESON OFC. DEREK HARTSFIELD OFC. LARRY KISH OFC. BOBBY RAY OFC. TODD KIDWELL OFC. MARK TURNER In a effort to show the effectiveness of the Community Oriented Policing program in district 107 for 1993, the 107 team has gathered the following statistics As per our action plan we were going to make formal contact with neighborhood groups in the 107 area that were not in the current target area. Preliminary contact was made this year with residents in the Oak-Hickory IGstorical District. Although the residents were receptive, they seemed satisfied and were not Interested in attending meetings at this time. They were left with the information on who to contact in case the need arises. Greater success was achieved with the formation of the Bernard Street Group. Very productive meetings were held with the area residents resulting in a good working relationship between the group and the police Letters authorizing and welcoming police patrols and enforcement actkitlei were received from several apartment complexes In the area. Work is continuing to improve relations between the Bernard group and Fraternity Row. On September 17, 1993, as a result of a legal decision, prompted by correspondence from members of the Bernard Street Group, the Denton Police Department assumed responsibility for 1 calls on Fraternity Row. This decision was Met with approval from group members who had been less than satisfied with U.N T's handling of the problems with Fraternity Row. Members of the Phi Kappa Sigma, Delta Sigma Phi, and Sigma Nu Fraternities were all personally contacted by the police and explained of the policy change Asa result of this contact, problems and cells in the Fraternity row area have been relatively few, The Community Otfce continues to thrive with new programs being implemented by groups in the community. The office now provides a meeting place for youth organizations such as Boy Scouts, Girl Scouts and Campfire it also is used on Friday nights for the Movie Program that was 4 implemented two years ago. j Many adults are receiving tutoring In continuing education programs Thomas Magdelino Is P currently upending twelve (12) hours a week a the office teaching O E M preparation courses u 77. c t. i welt as baste I`l`a1~lf such. aW _ math and 94sh as1 *ood!N . H4l s' In February the Community Office will be host to beginning computer classes using equipment that was donated The Rainbow Connection was organized in 1993 and is meeting once a month to further Its program. The Rainbow Connection applied and received a grant that will allow one hundred fifty (150) children the epportunity to attend programs that during the school year and the summer which because of financlal restraints they would not otherwise be able to participate In.- - The Owsley Addition Park Is In its final stages and should be complete before the end of the school year. The park wiU be located in the 2300 bik of Stella. We wrapped the year up with a Christmas party at the Community Office. Santa Claus arrived via police escort and saw fifty four (54) children on his visit. This was well received by all. Two families in the Owsley Addition were also sided this year by two private business who wish to be left unnsmed. The families were provided Christmas dinner and a multitude of toys and gifts for the children. The effects of the Community Oriented Policing Program can definitely be seen in District 107 The calls for service seemed to have dropped dramatically even though the greatest amount of + calls in the 107 district still come from the Owsley Addition. Loud music cilla still are our most frequent calls for service all over the district due to the high number of college students who Uve in the area and this Is a problem we will continue to address through high enforcement patrol tactics. District 107 Is a prune example of how a lot of hard work has paid off in the community and has made it a good example for other districts to follow. Attached are graphs and statistics for the 107 district in 1993. These will be compared in M4 to determine the overall affect of the Community Oriented Program in District 107. i w . r , A 1 79. ' i I r I I TENANTS' PETITION To: Cresha Stamford, Supervisor Asset Management Systems 419 S. Locust Denton, Texas From: The Tenants of Century Apartments on Louise Street Subject: Tenant Concerns About On-Site Management Change Date: January 18, 1994 Although the owners and their management company have a legitimate right to replace employees to meet their purposes, tenants have fears and concerns about the recent changes that need to be addressed. We the tenants of Century Apartments fear the decision not to require a manager to live on-site may lead to the return of: 1. Pimps who tramp up and down the stairs in the middle of the night to argue with their whores about money. 2. Dope dealers who set up shop outside, or sometimes inside, the buildings causing traffic that is noisy and disruptive: One such operation occurred in Century Four where about six o'clock one 'aturday night young womei were observed carryi::g into and out of the apar`_'nent both large and small packets that appeared to contain «hite powder, possibly dope. One night the following week, 25 men were observed moving in and ot,t of the apartment between two and three o'clock one morning; traffic had been constant all night long for many nights. Traffic in and out of that apartment remained constant until tenants complained to on-site management and the women were forced to move. Meanwhile many a gyood nightis sleep was lost. 3. People who congregate outelas the buldings to consume` alcoholic beverages or other mind altering substances: Activity frequently accelerates from shouting to fights which have led to shootings, stabbings, stompings, and sometimes death. One teenage boy kicked his mother ro hard she had to be hospitalized and subsequently died. Police were called numerous times to , break up such fights while tenants cowered in fear behind closed ' 4 doors--losing many a good night's sleep. ! 4. Children left unsupervised at all hours of the day and night: Two small children set fire to the bid in an apartment, Page 79. 1 ~ 8 Petition to Asset Management, Inc. January 17, 1994 Page 2 of 4 tried to stop the fire by throwing bed covers over it before leaving. The-apartment-burned,-and -so -did -.two adjacent apartments as well as a van parked outside. Two other fires have been started by unsupervised children during the last two years. One required evacuation of all the tenants of the building for a period of time. 5. Juvenile gangs of unsupervised youths who formed bicycle brigades and terrorized tenants both in the breezeways and outside the buildings. Such gangs are usually formed of both youths from Century Apartments and those attracted from the surrounding area--some of whom have already been evicted from Century. Sometimes the noise has :een so loud tenants could not hear their own television sets. b. Younger unsupervised children who use breezeways, stairways, and upper stairways to play raucous games and even hold rollerblading contests--sometimes by older youths who do not even live here. Children have left their half eaten food strewn around the breezeway and their toys blocking apartment doors. They have thundered back and forth on the upper levels like a herd of elephants. 7. Fences who receive stolen property have awakened other tenants by nailing plywood over broken windows. Police kicked in the door of that apartment in the middle of the night and spent more than two hours tramping up and down stairs hauling the stolen TVs, VCRs, etc. to the police evidence room. Prior to that people fencing stolen property had tramped up and down those same stairs in the middle of the night carrying their stolen goods to the fence. Meanwhile tenants had to resort to sleeping medications to gget a night's sleep. 8. People who come in well dressed, well spoken, driving .,ice cars, and rent an apartment for two people then promptly be,,+n moving in all their aunts, uncles, and cousins. Twenty fi,,c -eople lived in one apartment before evidence could be accumulated to evict. 9. Both automobiles and apartments have been burglarized as well as vandalized. All this has happened during the past two years, most of it during the tenure of the short-lived former managers and almost all of it after regular business hours. We the tenants are tired of performing unpaid management duties such as collecting information about disruptive or illegal activities, being responsible for calling police, or funneling information to. management that should have been on-site. Even the beat screening entry measures cannot guarantee that one dope dealer ! ~A# r_ or ore pimp or one fence will not slip by. IT ONLY TAKES ONE! f f' ~ Lisa Timberlake made short work of such matters whenever they developed, and make no mistake about it they will no matter how vigilant the manager. This area of town has a reputation that encourages such people to apply, Some have already done so upon le)rning of the change in management, Lisa was street wise, had a lifetime of knowledge about the Denton subculture, 80. 1 Petition to Asset Management, Inc. ! January 17, 1994 Page 3 of 4 had the maturity to make intuitive human relations judgement calls,_and.possessed _the_courage -to attack problems as they were developing as well as the finesse to solve some of them before they accelerated into violence. She established a good rapport with the fine Denton police officers assigned to this section of town, and she worked with them at solving problems. We are not trying to dictate management decisions, but we are concerned about our rights as tenants. So long as you accept our rent, or that provided by the Department of Housing, management is obligated to protect rights, such ass 1. The right to well maintained apartments where repairs will be made within a reasonable time by qualified personnel. 2. The right to live in a reasonably safe, crime free environment. 3. The right to be protected from invasive acts, either by those living on property, their relatives and friends, or by those who may lie attracted onto the property by the presence of undesirable elements. 4. The right of to be free from the acts of roving gangs of unsupervised children and juveniles who disrupt, terrorize, i vandalize, and even set fires which threaten not only the general property but also the lives and personal property of those in residence (sometimes it has been tenants themselves who disregarded fire safety by barbecuing on the wooden walkways in the upper breezeways). 5. The right to live relatively free of the criminal element who push dope, maintain and encourage prostitution, receive stolen property, and congregate in breezeways and around property to hold informal gatherings where Choy consume liquor or othor mind altering substances--causing tenants to fear even taking out the garbage. 6. The right to expect the human relations portions of all leases to be enforced so that after a reasonable hour activities will be contained within the rented premises and residents can expect to sleep comfortably and free of noisy disruptions. Living in Century Apartments is not an option with most of us. If we won the lottery or Publishers Clearing House Sweepstakes, we'd be out of here so fast you wouldn't believe it. If you've never lived in a low-income district, you have no idea how fast such problems can develop and escalate. Managing apartments in "Concrete City" is more than a nine to five job. We need a strong manager who lives on property. Living in Century Apartments is sometimes like living next door to hell. We, the tenants, ask that you consider our concerns when making management decisions that may affect your jobs and your image, or the owner's profits, but could very well cost us our lives. We are all in this together for better or worse. (A copy of this petition is being forwarded to the City of Denton Chief of Police, to the Department of Housing, and to the department of the City that supervises the C9Da funds,) We urge you to address our mutual concerns. We would be happy to meet with you and discuss this matter if you wish, al. c, Petition to Asset Management, Inc. January 17, 1994 Page 4 of 4 Ten Bldg, No. Apt; No. L.Cf~1L. ~5~,t•f.Z,.e_ /1 JL~I~•1n~• t_ -ZOO leAg- i 87, c v 1994 DISTRICT 107 STANDARD OPERATING PROCEDURE i i ~ I EFFECTIVE- 01.01.94 TO 12-31.94 PREPARED BYt SGT. TOM WOODS OFC. GREG HEDGES OFC.1,. B. JAMESON OFC. DEREK HARTSFIELD OFC, LARRY KISH OFC. HOBBY RAY OFC. TODD KIDWELL OFC. MARK TURNER The Community Oriented Policing program in the 107 district has changed significantly in the last couple of years and it is the consensus of this committee that aside from a few ipecial events the way we operate in the district has become standard operating procedure. [tether than an action plan we need a maintenance program. When new problems arise we will draft action plans when as it becomes necessary. Our Standard Operating Procedure will be e:,:plained as the following We will continue to maintain current staffing in the Owsley Community Office and continue to use it as a vehicle to further implement the Community Oriented Policing Program in thn Owsley Addition. We will do this by: Continuing the Friday night movie program for the children in the area which was implemented two years ago. This program has been successful and profitable for the ' area and has reached a great many children. Continue the supervision of office employees and work with the Department of Human Resources to provide an adequate volunteer work situation to fill both the needs of the volunteers as well as those o. the community. k maintaining the position of civilian office manager to coordinate volunteers and activities in the Community Office. The manager is in charge of the day to day operation of the office. This position is currently occupied by Charlotte Sims who Is a resident in the Owsley community, We will continue to explore the possibility of acquiring a new community office. We will continue to contact citizens in the 107 district including those not in the current target ! area and encourage cooperation and participation in the community. We will continue to stay 11 83. i I I i I ~a i I contact with the groups who have already been identified and help further the Community Oriented Policing Program in these seas, if the need arieea we will form an action plan that meets the concerns of the community and act on it in a timely manner. We will also address student groups about their concerns in the community when the need arises and form an open line of communication. This will hopefully minimize their negative canttct with the police. We (uVe developed a strict policy based bit the eitlse is M dtb rF neighborhood priorities and pe 6w;6es oicr ' 71x6 0 treats hmt tw*rto of their train cona l lyubtio lrilotdeatioq, Disorderly Conduct Littering and Traffic Violations Based on this input officers will take specific actions against these crimes which include written warnings, citations or arrest as the circumstances dictate. It is the shin sergeants responsibility to track and ensure that officers are compl;ing with the current enforcement policy, A backup file has been created and will be maintained so that we see able to track locations where written warnings and hardback citations have been issued so that we can Identify habitual violators and take stronger enforcement action on future calls. Written warnings will be followed by a hardback citation for violation of city ordinance. When it becomes necessary to mate an arrest it must be made under the Penal Code statute for the par*ulu offense. We will maintain our strict enforcement policy in the Fry St, and Avenue A area as well as continuing high profile foot and bicycle patrol on Thursday and Saturday nights. These nights have already been identified as high activity nights requiring police presence in the area Special events and activities may require heavy police presence on other nights but this Is left up to the discretion of the on duty sergeant and the westslde commander. As a matter of policy we will continue to route student related inddents to the office of the Dean of Students at the University of North Texas. AI) activity in the 107 area will be turned in to the shill sergeant at the end of every shift and the sheets will be forwarded to Sgt, Woods for tabulation and transfer to the monthly report, w 84. c> c, 107 TARGET AREA MONTHLY ACTIVITY REPORT JUNE 1994 §UMMARY IN) UNE 107 OFFICERS MADE SEVERAL ARRESTS IN THE?AIIGE`r- ARBA{S, 5 PUBLIC FNroXlcAnoN 5 NARCOTICS 9 OTHER CUSTODY ARRESTS- WARRANTS, ASSAULT AND FAMILY VIOLENCE COMMUNI Y nFFICE AS OF JUNE 05, 1994, THE CITIZEN OFFICE MANAGER AT THE COMMUNITY OFFICE RESIGNED AND WILL BE MOVING TO NEW BOSTON, TEXAS WHERE HER FIANCEE' WILL START HIS NEW JOB CONSTRUCTING THE MINIMUM SECURITY PRISON THERE, WE WISH CHARLOTTE SIMS A LOT OF LUCK. JAMES MCDADE AND GREG HEDGES ARE CURRENTLY SEARCHING FOR A NEW MANAGER. THE MOVIE PROGRAM HAS TAKEN A ONE MONTH VACATION DUE TO CAMP ATTENDENCE. THE PROGRAM WILL RESTART IN THE MIDDLE OF JULY. , GREG HEDGES HAS RECIEVED OFFICIAL NOTIFICATION FROM THE CDBO COMMITTEE REGARDING GRANT FUNDS. THE FUNDS H)%VE BEEN APPROVED AND WILL BE AVAILABLE IN SEPTEMBER. THE RAYZOR CORPORATION HAS BEEN CONTACTED AND WE ARE OOINO TO TRY TO GET ALL THE NECESSARY PAPERWORK TO LEGAL AND GET THE BALL ROLLING. OWLSLEY PARK THE PARK IS STILL IN CONTRACT. THE LAST WORD IS THAT THE CURRENT OWNER HAS THE PAPERWORK BUT HASN'T BEEN HEARD FROM. i ' as. 1 , i. t. DISTRICT 107 BY SGT WOODS CObIMUN>1'Y OFFICE AS OF JUNE Sth 1991, THE CITIZEN OFFICE MANAGER AT THE COMMUNITY OFFICE RESIGNED AND WILL BE MOVING TO NEW' BOSTON, TEXAS WHERE HER FIANCEE WILL START HIS NEW JOB CONSTRUCTING THE MINIMUM SECURITY PRISON THERE. WE WISH CHARLOTTE SIMS A LOT OF LUCK. JAMES MCDADE AND GREG HEDGES ARE CURRENTLY SEARCHING FORA NEW MANAGER FOR THE OFFICE. THE MOVIE PROGRA4I HAS TAKEN A ONE MONTH VACATION DUE TO CAMP ATTENDANCE. THE PROGRAM WILL RESTART IN THE MIDDLE OF JULY. GREG HEDGES HAS RECEIVED OFFICIAL NOTIFICATION FROM THE CDBG COMMITTEE REGARDING GRANT FUNDS. THE FUNDS HAVE BEEN APPROVED AND WILL BE AVAILABLE IN SEPTEMBER. THE RAZOR CORPORATION HAS BEEN CONTACTED AND WE ARE GOING TO TRY TO GET ALL THE NECESSARY PAPERWORK TO LEGAL AND GET THE BALL ROLLING. 7111S CRANT IS FOR THE PURCI44SE OF LAND FOR A NEW COMMUNITY CENTER AT THE CORNER OF BONNIE BRAE AND CHARLOTTE. OWSLEY PARK THE PARK IS STILL IN CONTRACT THE LAST WORD IS THAT THE CURRENT OWNER HAS I THE PAPERWORK BUT IIASWT BEEN HEARD FROM. RAINBOW CONNECTION THE RAINBOW CONNECTION STILL MEETS MONTHLY AND 1444 111US FAR GIVEN 13 SCHOLARSHIPS 70 CHILDREN IN THE OWSLEY ADD171ON FORACTIVITIES. GENERAL NOTES 107 OFFICERS HAVE BEEN CONCENTRATING ON THE PUBLIC INTOXICATION SITUATION REPORTED BY SEVERAL APARTMENT COMPLEX TIANAGERS. FIVE P.I. ARREST WERE ` MADE ALONG WITH OTHER CHARGES (WARRANTS) AS RESULTS OF PATROLLING THE TARGET PARKING LOTS AND MAKING CONTACT W1711 SUBJECTS W110 WERE FOUND DRINKING OUTSIDE TIIEIR APARTbIENTS, FRYSTREET A NEW CIT1:LENIBU'SINESS GROUP 1444 E;IIERGED IN THE FRY STREET AREA, AND THEY'RE CALLING THEMSELVES THE "FRY STREET BERETS". IT IS BASICALLY A REHASH OF THE OLD BUSINESSMAN'S GROUP 11417 ATTENDED THE FIRST TWO OWSLEY ADDITION COMMUNITY MEETINGS, EXCEPT THAT IT IS NOW HEADED UP BY CINDY DAMPF■A CONCERNEDCITIZEN A`D FREQUENTEROP FRY STREET. THEIR NIAI,N CONCERNS ARE THE UNDERAGE DRINKERS, SKINHEAD TYPES, ACTS OF . VANDALISM, NOT ENOUGH 1R4SH CONTAINERS, AND HOMELESS KIDS IIANGLNG OUT ON a, . FRY STREET UNTIL S IN THE MORNING. KISH AND JENKINS HAVE TAKEN THE FIRST STEPS f f ' \ IN COORDINATING OUR EFFORTS WITH TIIEM BY ATTENDING THEIR FIRST MEETING. THERE 1S ANOTHER MEETING SCHEDULED FOR WED JULY Ittd. INFORMATION WILL FOLLOW. 8b. c~ I ~ r January 16, 1996 City of Denton Police Dept. -6bF E~ Hic-ko'rY St . Ii4 R....... Denton, TX 16201 Re; Vandalism, 209-213 Avenue 0. On or about January 12, 1996 a person or persons broke Into a vacant spartment,number 14 and did damages to the property. One of the items damaged and the most important was a copper gas line was removed from the hot water heater. The gas line was left open and the building filled with gas. We have had problems in the past of people breaking into vacant apartments causing damages, water leaks, defecating and urinating on the floors, leaving used condoms, clothing, etc;. We have replaced windows, doors, door locks and door facings to no avail. This break In causes me great concern, It is probably a miracle that the building didn't blow up, the lady who called the report In lives above the vacant unit and had her furnace going. This building and some others i~6ii'iria;Iil'pfrui~ b drug dealers, whores,?drihiiesr drifters, etc;. These people d2 not live in the apartments but for whatever reason wtnt to hing out there, Please help us on this. I will sign criminal trespass papers against the whole bunch if necessary, I have been concerned about the property in the past but now I am ' afraid that someone is going to burn the buildings down and kill a lot of people. Thank you. Oeorge Lambert E' Or \ e7. ! t AGENDA INFORMATION SHEET AgondaNo' "d3d Agenda Item Date S AGENDA DATE: August 3, 1999 DEPARTMENT: Planning Department CMlDCMIACM: David Hill, 349.8314 SUBJECT - A-83 and Z-99-025: (Top of the M11 Subdivision) Hold a public hearing and consider adopting separate ordinances to annex and zone a 65.174 acre tract located south of Nowlin Road on the east side of FM 2181 (Teasley Lane) generally opposite Hickory Creek Road, presently in the City of Denton's ET). (A-83, Top of the Hill Subdivision) A. Consider adopting an ordinance, on second reading, to annex a 65.174 acre tract located south of Nowlin Road on the east side of FM 2181 (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. (A-8), Top of the Hill subdivision) B. Hold a public hearing and consider rezoning 65.174 acres from a temporary Agricultural (A) zoning district to a Planned Development (PD) zoning district. The 65.174 acre property Is located south of Nowlin Road on the east side of FM 2181 (Teasley Lane.) generally opposite Hickory Creek Road. The proposal is for 40.37 acres of single-family residential at 4 units per acre and a minimum lot size of 5,750 square feet, 20.23 acres of single-family residential with a minimum lot size of 10,000 square feet and 0.084 acres Commercial (C) for a future'elecommunications tower. The Planning an! Zoning Commission recommends approval (7-0) with conditions. (Z-99-025, Top of the hill Subdivision) BACKGROUND ANNEXATION: The petitioner requests the property be annexed. The pctitiorer is currently requesting that the subject property be zoned with a permanent land use designation and classification as a Planned Development zone district for single-family residential development and a small parcel of commercial development. A tole-communications tower is proposed for the commercial parcel. The property is currently undeveloped, ZONING: The applicem hac, requested to rezone this property to a Planned Development (PD) zoning district with a Concept Plan to develop single-family residential units. Tracts I (approximately i' 12 acres) and 2 (approximately 7.6 acres) are proposed to be developed as SP-10 lots. SF-10 OeN development standards and regulations will apply to Tracts I end 2. Tract 3 (approximately 45.4 acres) is proposed to be developed with a maximum density of four (4) units per acre and a minimum lot size of 5,750 square feet. The applicant has proposed development standards that Identify minimum requirements for the development within Tract 3. (See Exhibit B of Attachment 4) Tract 4 will be limited to a future telecommunications tower and is approximately 60 feet by 60 feet wide, Z. r Y The proposed development is consistent with most of the policies of the 1988 Denton Development Plan (DDP) as applicable and many of the 1999 Denton Plan (DP) Policies (see Attachment I - Comprehensive Plan Analysis section). Y Four (4) property owners were notified of the zoning request. No responses have been received (see Attachment 1). PRIOR ACTIONIREVIEW The following is a chronology of A-83 and Z-99-025, commonly known as Top of the Hill Subdivision; March 24, 1999 Application Received April 13, 1999 City Council received a report, held discussion and provided staff with direction regarding, he annexation of the subject property. May 11, 1999 City Council conducted the first of two public heariags concerning the annexation of the subject property. May 18, 1999 City Council conducted the second of two public hearings concerning the annexation of the subject property. June 9, 1999 Planning and Zoning Commission recommends approval of both the i annexation and zoning request, June 1$, 1999 City Council conducted the first of Iwo readings of 1ha annexation ordinance. I ESTIMATED PROJECT SCHEDULE: 7 he concept plan approval is the first step in the Planned Development zoning process. The next and final step in the zoning process requires the applicant to submit a Detailed Plan for review and approval. The subject property is not platted and will need to be platted prior to any development. FISCAL. INFORNIAT10N ~ Development of this property will increase the assessed va. •he city, county, and school district. It will require no short-term public Improvements that he the responsibility of the city. RECOMMENDATIONS ANNEXATION: ` 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 w regular land use based upon it zoning classification, The Plamting and Zoning Commission recommends approval (7.0) of the annexation, ZONING: The Planning and Zoning Commission recommends approval (7-0) of this zoning request with the following conditions: 1. That the maximum allowable number of single-family units for Tract 3 shall be limited to 4 units per acre. 2. rrrrr,rr~Yrr C! OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone cons idei-ation. S. Table item. ATTACHMENTS I. Planning and Zoning Commission Report, June 9,1999, (Z-99-025), 2. Planning and Zoning Commission minutes from June 9,1999. 3. Draft Ordinance Annexation 4. Draft Ordinance Zoning. 5. Conceptual design of Tract 3 (for Informational purposes only) Respectfully submitted: Q MV Mack Donal soon Assistant Director of Planning and Development Prepared by: r_ Re chart Development Review Manager r i 3, ATTACHMENT 1 PLANNING AND ZOMNG COMMISSION I , STAFF REPORT Oen Subleet: Concept Plan, Top of the Hill Subdivision Cie Numh4 Z-99-026 $tisfl: Larry Reichhart, Development Review Manager Ag+nds Date• June 9, 1999 Hold a public hearing and consider making a recommendation to City Council regarding a proposed concept plan for a Planned Development (PD) toning district encompassing 45.174 acres. The property Is located south of Nowlin Road on the east etde,)f FM 2181 (Teasley lane,) generally oppoelte Hickory Creek Road In the extraterritorial jurisdiction or the City of Denton, Texas. At the time o! annexation the property would be zoned Agricultural (A). The request Is to rezone to a Planned Development for 65.092 acres of Single-Family Resldenllal at 4 units p sr acre and a minimum lot size of 6,750 square feet and 0.082 acres (Moot x CO foot area) Commerch l (C) for a future telo-communications tower. •3 L NuOn Rd. Mr w nrMM RruA SIT I LOCATION MAP Location: Generally south of Nowlin Road on the east aide of FM 2181 (Teasley lane.) generally lr opposite Hickory Creek Road. (See Enclosure 1) Size: 65.174 acres. 4, GENERAL: INFORMATION, 111`i;q$ !'A I' J. -77-1 Applicant: Pinnall I Ford, Inc. Owner: Pinnell I Ford, Inc. Rt. 13, Box 135 Rt. 13, Box 135 Denton, Texas 76205 Denton, Texas 76205 ,PLANNED DEVEL'OP.MENT ZONING,PROCEDURES,.t'WZM ~-U Planned development zoning districts (PD) are Intended to provide for the development of land as an integral unit f w 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 recrestlon, common or open space for private or Milo use; berths, greenbelts, trees, shrubs or oth,x landscaping features; parking areas, street design or motes; or other development plans, amenities orfsetures that would be of special benefit to the property users or community; (2) Protects or preserves topographical teawll .s, such me trees, creeks, ponds, floodpieins, slopes or hills; or (3) Protects or preserves existing historical buildings, structures, features or places. There are three (3) types of plans that may be used In the pianned development process; concept plan, development plan and detailed plan. CONCEPT PLAN - This plan Is Intended to be the first step In the PD process for larger or long term developments. It establishes the most general guldelines, 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 stop In the PD process. It includes the some Information that Is provided on the concept plan, plus details as to the specific land uses and their boundaries. OETAILED PLAN - This plan is the final st%V in the process and Is required prior to any development. For smaller tracts or where final development plans are othenvlse known pft to rezoning, the detailed plan may be used to establish the district and be the only required plan In the planred 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 oonceselons from these regulations are requested by a developer, there needs to be corresponding benefits thta merit deVellon from those regulations. i i FaSUM~M=ARY]OF ZONING REQUEST, 1 17 The developer Is requesting a Planned Development (PD) zoning district ciassRicatlon for this 85174 acre property with 85.092 acres of Single-Family Residential at 4 units per acre and a minimum lot • size of 5,150 square feet and 0.082 acres (Moot x 80 foot area) Commercial (C) for a future tele. camunlcaiions tower. Section 3517'4 , General oo ce en Ir~f tlon of a coded. ordinance identifies the < e A4.~ `.,W aV~•/ era. i1HM • cv. r f rlr uf `r e. I` -o 00146 t ehaj tis ane a Co c c~r~Cept~pfait irqk o~nartRO.M."* In plr~ode b~"dcro und rme a strraments of a odricept Ian.fi► Sec. 35.174. General concept plan information A general concept plan shall contain the following Information: (1) Relation to dre 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 cnrxept plan Is In compliance with d e 1999 &owdr Management. (2) Acreage. The total acreage within the proposed district. The total Kr eage of die proM* 1s kientlW on the plan. (3) ,Survey, An accurate survey of the boundaries of the district. • The descrlpdon hx the entlrr Po /s attached as a reli~+nce. ~ (4) Land uses. Proposed general land uses and the acreage for each use, Including open i space. For residential development, the total number of units and the number of units per acre. • IdentlW on the plan and is refercvrced In backup material. (5) General ffiom ghfare layajt. Proposed streets, as a minimum to arterial street level. (Showing collector and local streets Is optional.) The carAV plan 1 entiAes RlglrW Way & be extensor of body Nk*" 0&4 Rand and F.M. 2499, b~ kkntliBed as future A1maryArtedals an die tknton Mo~b+!!ty Plan. (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. i l g. Minimum parking standards for each general land use. • Back-up material has been prbvl W drat klendit deNeOvwt standards and Wi# bra my 6 . ON Emu c. L part of the cv&nance Ifappvoved. F(7) E;dsling condIbbns. on a scaled map as specified by the department, the following shalt 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 floodplaln, fioodway and major drainage ways. d. City limits and E.T.), boundaries. e. Zoning districts. f. Land use. g. Utilities, Including water, wastewater, and electrk tines. • A# m qubed exlsting cmft ns are identlW on the de~alfed plan or In b kup materiel pro vided by the appykant. (Ord. No. 91-016, § It 2-5.91) :COMP,REHENSI%dE.P,LAN ANALY.813 # + ~ I;; 11 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. Neighborhoods are to be serviced by n network of small commorciaVretail centers spaced at about AS mite intervals with direct access to a collector type street or larger thoroughfare. Vehicular trip generation due to development within Low Intensity Areas is restricted to 60 trips per day per acre In order to balance land use with road capacity. Staff finds the proposed development to be consistent with both the policies and trip Intensity standards of the 1988 DDP. 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 wfty the long range vision for the city. Staff Ands the proposed development to be somewhst consistent with the policies of the 1998 DP. (See Enclosure 8) [o.SPECIAL INFORMATION jkVXf4VWVAW 1. Transportation Trip generation The applicant has proposed to following density restrictions: 4 units per acre for the Single-family development (4unitslecra x44.94 acres= 180units. 71 Table 1. Propc sod Land Use Trip Generation At a density of 4 units per acre, the maximum number of lots that could be developed Is 260. Land Use Average Trip Maximum Total Daily Trip Generation aultdout O►n►ratlon DDP Low InlensPty Area' 60 tripeldaylao. • ,1 X 65.092 acm 3.906 Proposed Uses Sing e-family 9,55 tripaldayrunlt x 260unh 2,463 (Detached) Note: Proposed Average Trip Generatiooe provided by the Institute 0 Transportation Engineers, 1991. 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 Plen. These roads are designed to be a six (8) lane divided street without parking, providing six (8) lanes of through traffic. As such, its designed traffic capacity allows for a tolerable traffic flow of up to 27,900 trips per day. Road capacity should be more then adequate to handle the calculated tripe that could be generated by the proposed development. I D. Pedestrian Linkages Sidewalks along all public streets are required. 2. Utilities Both sanitary sewers and water are available and adequate capacity to sbrvice (he proposed development exists. (See Enclosure 4) 3. Drainage and Topography New development will be requlrtd to design and construct a drainage system to city standards. A preliminary drainage study will be required with the submission of s preliminary plat. The t 1+-, 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 r ,•off will be carried across the property or stored on the property. y. 6 C I 1 4. Signs As per the sign ordinance. 5. Landscaping This property will have to comply with the new Landscape Cade, which requires fifteen (16) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). 8. Open Space The residential portions of this davelopment will be required to participate In the development of public recreational areas. Through the Park Dedication Ordinance (88-039), this development will contribute to park land dedication and park development fees. Dedication requirements are required during the platting proc iss. Park development fees are required prior to the Issuance of building permits. 7. Environmental Quality Impact: No negative environmental Impacts have been Identified. PROPERTY.HISTORY'",+':€;"~r";tr.g3w`~`.,~~f•~pTcz~" I The subject property Is proceeding with annexation and Is scheduled for the July 20, IM City Council meeting. At the time of annexation the property will be placed In the Agr1witurel (A) zoning district and land use clasalilcation . The subject property Is not platted and would need to be platted prior to any dsvek+pms nt. PUBLIC NOTICE tr 4PAIN sn"AlOW' Notice of the zoning request was published in the Denton Record-Chronicle on Sunday May 30, Four (a) property owners were notified of the request on May 29, 1909. As of this writing, there have been no responses , The applicant has proposed to meet Mth local neighborhood representatives to discuss the proposed project. r I f i I 9. AMMOn.r. c. 1 c~ I I~ i~ As the proposed development lb In compliance with the 1998 Denton Plan Policies and the 1988 Denton Development Plan, and the added design controls of future required Detalled Plsns staff recommends approval of Z-99-026, 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 !tem. 1. Vicinity Map, 2. Zoning Map. 3. Utility Map. 4. 200' Property Owner Notiflcation Map. , 6. Mobility Plan Map 6. Concept Plan, 7, Draft Ordinance 8. Denton Plan Matrix. 9. 1999 Denton Plan Matrix. C' • U ENCLOSURE 1 ti. Z-99-025 (Top of the Hill Subdivision) NORTH I I" OAKMONT SITE ESTATES , tr;~ yA1.$ 1 ,F , a I • , • ` T •tir • k p• r h 1 VICINITY MAP 1 Agenda Date: June 9,1989 11. ~ Seal, None i \1 ' ENCLOSURE 2 Z-99.025 (Top of the Hill Subdivision) NORTH l E,J A ET,i N RD IF 7I~) PO • A • ~ ,SITE . j A ETJ DFJ F ti r ANk ZONING MAP ,I M / A+ r: ~lrN Agenda Ditc June 9, 1999 Role: None ]2, r, • £NCLOSURE.3 ~e NORTH Z-99-025 (Top of the Hill Subdivision) III _ 1 t i M SITE, i I ~y ' t A \ i EXISTING UTILITIES MAP a . Hydrant , - • Water Line (W. L.) • • - Sewer Line (S. L.) • • - Electric Line r k- w *Mimi 13. c, ENCLOSURE 4 i NORTH Z-99-025 (Tap of the Hill Subdivision) erg CI of Donlon -iigmi -n a, on M j SITE 0 KMOwr • TATE3 FOR r y :.rj ' .r 4% 1 ti . , , Ft %I .A. 200 & 500 F00 NOTIFICATION MAP 1 I Agenda Date, June 0, 1099 Soalr None t i II I i ENCLOSURE 5 NORTH Z•99-025 {Top of the Hill Subdivision} R0 1 • I OAKMONT SITE,;, ' I ESTATES , t_ 1 ` 1 DENTON MOBILITY PLAN MAP - - - - - Primary Major Arterials I r ' i Agenda Date: June 9, 1999 Scale: None ]5. . NOW LIN RD. NMI RESIDENTIAL ~ 4 i 7,61 ACRES LEGEND EXIBTINO PROPERTY LL NE ZONING BOUNDRY LINKS trtILITY EASEMENT LINES RESIDENTIAL s ' X sk 12.05 ACR RESIDENTIAL y I 45.43 ACRES i i HICKORY CREEK R4 NOTE L com)&RCM." 60'X60' EXISTfNO TOWER SI'r6. 13.33' S. OF M bouDE>itY Ar~r rAraunFn nvressror:xrzw . c PINNELL TOP OF THE HILL SUBDIVISION ASSOCIATES 940 321-5231 6SACKMOZ U L 4 LtC9ND.., 6 0?0 GIN r0 j , loamy CRM RD, ASSOCIA ES TOP OF THE HILL SUBDWISION e , i ENCLOSURE 7 DkkFT ORDNANCE NO. AN ORDINANCE OF THE CITY OF DENTON. TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 65.17 ACRES OF LAND GENERALLY LOCATED SOUTH OF NOWLIN ROAD ON THE EAST SIDE OF FM 2181 (TEASLEY LANE.) GENERALLY OPPOSITE HICKORY CREEK ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z- 99-025 WHEREAS, Ben Pinnell on behalf of Pinnell / Ford, Inc. has applied for a change in zoning for 55.17 acres of land from Agricultural (A) zoning district classification and use designation to 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 change in zoning; and WHEREAS, the City Council finds that the change in zoning vAll be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE { I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zoning district classification and use designation of the 65.17 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is j changed from Agricultural (A) zoning district classification and use designation to Planned 1 Development (PD) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Berton, Texas, subject to the following conditions, I . That permitted land uses and restrictions for the 0.082 acre (60 foot by 60 foot) Commercial (C) area as descriW, r.i the legal description attached hereto and incorporated herein as Exhibit E be restricted to a tole-communications towef. 2. That permitted land uses and restrictions for the 65.092 acre Residential area as described in the legal description attached hereto and incorporated herein as Exhibit C be restricted to those described in theist attached hereto and incorporated herein by reference as Exhibit C, and allow land uses permitted with a Specific Use Permit in an One-family dwelling (SF-7) zoning district. SECTION IL That the City's official zoning map is amended to show the change in zoning district classification, / Jr 18. r 1 al t SECTION III. That any person violating any provision of this ordinance sball, upon x conviction, be fined a sum not exceeding $2.W,'00. Each day that & 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 ,1998. JACK MILLER, MAYOR ATTER:: JENNY! vA WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY 1 BY: _ j s ~ I 19. c~ c~ DESCRIPTION OF ,0826 ACRES OF COMMERCIAL PROPERTY ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING' AND BEING SITUATED IN THE BERRY MERCHANT SURVEY, ABSTRACT N0.500, DEMON COUNTY. TEXAS, AND BEING PART OF A TRACT OF u.ND AS CONVEYED TO PRJNELL-FORD, L.C., BY WARRANTY DEED WITH VENDOR'S LIEN DATED APRIL S. 1997, AND RECORDED IN COUNTY CLERK FILE NO. 97-0025994 RECORDS, DEMON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMFNCING AT THE CENTER LINE OF NOWLIN ROAD(righlobway varies) AND NORTHEAST CORNER OF PINNELL-FORD, L.C. TRACT: THENCE ALONG ON THE EAST LINE OF SAID PINNELL-FORD 1..C. TRACT, SOUTH 02 DEGREES 00 MINVMS SS SECONDS EAST, A DISTANCE OF 18.33 FEET TO A SB" IRON ROD SET FOR THE POINPOFBEGJWlNG HEREOF: THENCE CONTINUING ON THE FAST LINE OF SAID PINNELL FORD L.C. TRACT, SOUTH 02 DEGREES 00 MINUTES $3 SECONDS EAST, A DISTANCE OF 60.04 FEET TO A W IRON ROD SET FOR TtM CORNED THENCE THROUGH !N'TFRIOR OF SAID PINNELL-FORD L.C. TRACT, THE FOLLOWING THRM (3) COURSES: 1. NORTH 89 DEGREES 31 MINUTES 27 SECONDS WEST, A DISTANCE OF 60.04 FEET TO A 318- IRON ROD SET FOR THE CORNER; 2. NORTH 02 DEGREES 00 MINUTES 55 SECONDS WEST, A DISTANCE OF 60.4 FEET TO A SW LION ROD SET FOR THE CORNER, 3. SOUTH 89 DEGREES 31 MINUTES 27 SECONDS EAST, A DISTANCE OF 60.04 FEET TO A POINT TO TT IE POINT OF SEGIAWNG OF TOWER SITE AND CONTAINING 3603 SQUARE FEET OR 0.007 ACRES OF LAND, MORE OR LESS; i CONTAINING IN ALL 0.0826 ACRES OF LAND FOR COMMERCIAL. ZONING FOR AN EXISTING TOWER SITE.. r A," , 20. i IV OQUIREMM FOR TOP OF THX lldL SU8171V]SION The following shall apply to the single fami r NrYtion of the M for the Top of the s txMisIon, iii The maximum sltowable~denshy shall be 4.0 units per gross acre, Including arxf collector streets as well as open space. A minimum of 5% of the fan area shall be open space, including parks, amenity centers, common pathways and en features. Ail open space areas shall be maintained by a Homeowner's Association to be established by the developer, wrth a requirement for a periodic assessment adequate to maintain an land, landscaping and other Improvements. M9ftI~ A. §gMare footage 1,600 Square feet (air conditioned area) for lots measuring less than 60 feet at the front twllding line. 1,800 Square Feet ( air conditioned area) for iota measuring 60+ feet at the front building line. 18ulldering Coyemae Ratio 50% or less for lots less than 60 feet wide at the front buckling line, 40% or less for lots equal to or greater than 60 feet wide at the front building line. 1'IMifnurn Moor Area/ Lot AMa IRatio 3S9'a MWImurn Parkins A minimum of one attached two car garage per dwelling unit. A full width driveway of a minimum width of 16 feet shall be provided Minimum FrantYard Twenty (20) feet. Minimum ear Yard i] Ten (10) feet. in gt~~ i Two ii arW a halt (z~standard stories. t1hilmum Lot Depth One Hundred 11M feet, rilmum Stile iford SettwSk A minimum of five (S) feet on each side of the lot Minimum Lot Width Fifty (50) feet at the front building line. Minimum Lot Arm Five Thousand Seven Hundred and Fifty (5,750) Square feet. Minimum goof pitch The minimum roof pitch shah be 5:i2 t~caan_Regulrements for 1120VAl Fgncina ' Fences vtslble from public areas shall be built with the "good side" facing the public view. A specific fence design shall be required for all homes so that the streetscape has continuity. The use of berms Is encouraged for use In scrcaning and buffering, and berms shah have a maximum slope of 1:3 with a gently rounded top. 21. ` u i c, I I ' ,I ' i r I i i ~ Tt wrs OW(be a minimum of one (1) street tree for every 30 gror feat of bt froatape, With each tree a minimum of two (2) caliper Inches. No moat ow am , n be udbod Ibr each sbect, 'the community shall have at least one (i)" park!, linked to other areas Of t LmIt ( by tV.e ar mmmon area "s , wmm possible, how Hap ng prckts having common elements. A br4smPW "buffer strip" shall be provided with a minlmum width ofio feet . adjobdnp the It* of MY for Ndaory Creek Road and the future FM 2499. j A: - a 22. / i "ENCLOSURE 8 F The table below provides a summary of the 1998 Denton Plan policies applicable to this project: Denton Plan Policy An6lysls Summary Development Rating vs. Policy CATAGORY POLICY >Mr,alatd,t - cage Tmesportatiom Comomets ortonl Lorvargelhorauatwe Mm t4 -V X Pronatrs Aouss Ptenapenwt Pradlas +a i 1 x s pt seNCa~r" provers. vrke PoAdvs and x Pro nobs publk trarnpartow syshrn x Cora+butes mum Dertm TraNs nRwak tht I x stormw.t r tkalnapa. oOee tw't t wa d mneperr e ~ rt Ow x Corionns to local sth*Aslon repAdorm # x CartrbM to reaaw Me da Ndllga x Proms for rat Tat WW &*Mffrt warp noodpfaln x upgrades vdstkg vAdardrd trakmpe systems as WON and red rdopowt ow, W~ and oeadops and mdrteft prop" and pfwte mum x waatawaMr. Wraaauccure Creates oppor4Nry for -asl&v water and wadmater x Nnes m rtmd fubae dru, npnet dlmards. pl.~ Proddes review of proposed ewer rd vaftn Infrastructure m own pAC safely a d haVu x Pranates M kopv4ermb over new In e edr.mna. x <'sr E lect& RoMes urdrgrard de*k wft for 7mW rWdrtfaf sy.p.. • ' W nav_ deitld *M*nrt "E^G. f+ 3 x Sam waste. Promotes dowery. eoosa m an cieveb wt la soAd Rl x Peru and Rao aeftL bates Voris and neu eaft fadlRdes In acmrdsnoe wIM the Pais W Rcaeatlor Sbste* Plan x Ertmrwes psis rd reaeauon oppartuaves far reddWts MVM x Preserves fa4psdn for parU and oprr speor to aid In ftdplaln wrowadw db x Mows aombning of pees Msh othr p W fadlMes m k0k assess Costerfe "Me "of publk WACM x Pesldrtfaf devxopnrt dsoAd de I to land or tees In Neu of tend for ndgtaorhood pets x EmAranmaMal Qw11ty. Prom yn~preser"Oonn of C*" feewuroes. J x .wcy ter.. O111,N~.,Cww pr010~.1M1{h growth and tanmurVly drvdopnsrt• x 1r~-• 23. R k c~ c~ 1998 Denton Plan Policies Analysis (continued) Denton Plan Policy Mali& Summary Gevebp rent Rmov vs. Poky CATAGORY POLICY rbarrre APpwabla OaMalwt Ndo"I OMMW ty fadatlat for x Enwwago a mb& ne of land uaaa tlnt ba dt rortdrft x proteM abejcdna»rr aeAY,r nrd~ortnob bebvaai n rrgborlno~° bow VANss ~ ~trf"m W kww tdpa. x a aced i'Q Ad,alb01tnDIAr ~Q°d to °Mfatn° x O varsd *V*famNf w dum, *ek x ft"Irm VNIV hwft ho d4v W%rftk MWIVO nwerr hV hmmi q a ndrxdm CatbLft to DhranMotlaa twwrq~cbf++ amid ocove padrq tl bx bade. x eorenmwne hr m°nan.non to vo** x Ud" Da hRL t Idiwea orn mAy apparanoe Ina c mpe'mass mars. x ONWIMS; ndVtamad apparana Of bill ewhmwt x t adMlnp Irbil bdldnpdnJa be mmCelw 1 iroEada one P^ww or+bofi ardiDemaat aAiral rd 1 hbeodd rnaaeaa x Pranotee Me,xawvWa+d trees an0 bnd~apYq. ~ k PubNc lrmakwo . homm an Owrt city fbr pubk epkim &wbv the x P~~q pomm i ;t i 24. s~ ENCLOSURE 9 h, 1996 Denton Plan Policies Analysis The 1998 Denton Plan (DP) Is to be used in conjunction with the 1988 Denton Development Plan in evaluating the consistency of proposed developrmint with the long range vision for the city. Staff finds the proposed development to be consistent soh most of the policies of the 1998 DP. The table below provides a summary of the 1998 Denton Plan Policies applicable to this project: s Denton Plan Policy Analysis Summary Dmlopment Rating vs. Policy CATAGORY POLICY Incorhs0mit Canslstera Transportation. Cw*.me* Demon's IorgAarhge ttwm hhra Plan. x Promotes Access ManagenK,d Practices _ x optimims opcratiorn for emevWxy sere proddws and odw P&k service PVAders x Promotes pudk transportation systen x ConbWutes to the Denton Trans network x SWmwater Drainage. Protects 100-year Iloodplaln areas In aamrdance with Derhton's watershed managemeot plarm Conforms to load subd VWM regulations % ConMhda to regfmal deter4w fad itas. Provides for nathran APartan n Mmewr*rht atang Modplaln. . Upgrades exstinhg Sutatandard drainage systems as Mfl and reaevelopirwt oca r. wat r and Derebps and malntahhs property and Private wastewater. InfrastnrcLue. x creates oppabn'ti fa aesidnp water arhr; wastewater Ines to meet fdure b . elopmerht dart i ds Provides reviev of proposed water and wastewater inksstrudure t h Uwe pudk sarety and heaft. x P omores Inns wrovemmts over new ILne exter*ft x Eledrkc P oades urdergrohhrd etec service ra new residential x and nonrddaZal de Moprnnht Solid Wash. Pranotes erndent amass to an devekprnmt ror Bond waste service delivery. x Parke and Recreation. Locates parks and recreation fadstes to accordance rAth the Paft arid Recreation sbategk Plan x Enharhtes Paris and recreation owordahttes fa red Jr s. x E Rewves flootWn for parks and opm space to aid N noodplain anwvation effoft x AkmA mrrhbining of parks with otw PLM radlities to adhere cost-effeem denvay of prblk serhm x nesldental deve4r""6d deduce land or fees In neu of land for rwvborto Pants x Environmental "lity. Promotes Preservation of naheat resources x h Integrates r hrimental prahdlm with ecorv* g owth and conmwrAy devebp w t x 2 99 04 1 P62 Repot 25. 1896 Denton Plan Policies Analysis (continual) ~ IDSOW Plan POkv Anahnls Summery mvdwm t Rmkv W- Poky ree CATAGORY POPCY r+ Mvw NdolberAooM rod W,d„1,ooA, carr""'"h' 1w x W6 y Fi+murpfe ~ mbmae A' tiw tlfRMnA1t iMdrts. X fttbKb WW a~ 01fift X i Como blrye ft4 peutr4n b1ft Mtdt~, frr! betv~ien b reA ft vd*kft bVe. x Neu" prd~ w t ~ woltom *pad to a n.w o x -0dolum. v of A OW to 'my M flam b Adrq slays, X Pnyuref 06" hm ft hft&V fNbd" hmft 4iafefr bill hourq tanftrudlan OlvrfMlallon kasm" a ro4mvt W4 rpfndr - 4k Uk but. x Oownrnrrt 6imupfe mx mW&WO a to po" X merrlalNe lmloff tkbanL MAwr mmmu lty fppWMlO,Ina mmp flrllire 'F5R 4 +7 x nwrrr. rte. MAmft frd WUW fppfaiW= d bkM rrhonnnt 4 NWWW44 bnQAur ~entbWldrgs Ad Ee mnpAae X'V flo4fdf fM pwrref Oerimt nd*sI#A cuMl W Vf, NAnrld wa.or. &trmrd*wpow*AagM&W&WOO& l' is 3t x Promcw tlr petdr tlan d trefc rd bra i' E i 4m. x f~bliclnralwnwnG Aoddfs to epporbetq for pu6A< apkton duiq tl+e x vwr~+A nd w r f j i ' I Planning and Zoning Commisslcn Mil Lutes ATTACHMENT 2 June 9, 1999 Page 4 of 8 ' Motion by Elizabeth Gourdle and seconded by Salty Rishet to recommend approval of the annexation to City Council. 'Discussion of Rom Is ?rcluded In Court Reporter's transcript attached to this bet of minutes (Page 77). Motion carries 8.1. Carol Ann Ganger oooosed. M-,lion by Elizabeth Gourdie and seconded by Salty Rishel to recommend approval of the zo.oing to City Council. 'Discusslon of Rom Is Included In Court Reporter's transcript attached to this set of r.',nutes (Page 82). )sign carries 8.1. Carol Ann Ganger opposed. 13. Hold a public hearing and consider recommending approval to City Council the involuntary annexation 19.90 acres and a temporary Agricultural (A) zoning distrld closel8cation and ube deslgnotlon for such property. The subjed property Is located on the south side of Edwards Road, approximately 2,000 feet west of Swisher Road. (A-88, Lubbers Addition, Wayne Reed) Motion by Salty Rishel and seconded by Bob Powell to recommend approval of the annexation to City Council. 'Discussion of item is Included In Court Reporter's transcript attached to this set of minutes (Page 82). Motion comes 4-3. Carol Ann Ga zer Susan ARle and Elizabeth Gourdle oooosed Motion by Salty Rishel and seconded by Bob Powell to recommend appoovel of the zoning to City Council. 'Discussion of Item Is Included In Court Reporter's transcript attached to this set of minutes (Page 94). Motion carries 44Carol Ann Ganzer. Susan Aooie end Elizabeth Gourdie oooosed, , 14. Top of the Hill Subdivision a. V A a public hearing and consider recommending approval to City Council regarding a proposed voluntary annexation of 65.174 acres located south of Nowlin Road on the east side of FM 2181 (Teasley Lane.) generally opposite I Hickory Creek Road In the extraterritorial jurisdiction of the City of Denton, Texas The zoning at the time of the annexation will be Agricultural (A). (A-83) , Motion by Susan Apple and seconded by Salty Rbhsl to recommend approval to City Council. 'Discussion of Item Is Included in Court Reporter's transcript attached to this set of minutes i (Page 95). Motion carries 7,Q r b. Hold a public hearing and consider recommending approval to City Council regarding a proposed concept plan for a Planned Development (PD) zoning district encompassing 135174 acres. The property is located south of Nowlin Road on the east side of FM 21181 (Teasley Lane.) generally opposite Hickory Creek Road In the extraterritorial jurisdiction of the City of Denton, Texas. At the time of 21. ~ r I Planning and Zoning Commission'Minutes fi June 9, 1999 Page 5 of 6 annexation the property would be zoned Agricultural (A). The rezoning request is for 85.092 acres from Agricultural (A) to Single-Family Residential at 4 units per acre and a minimum lot size of 5,760 square feet and 0.082 acre (60 foot x 60 foot area) to Commercial (C) for a future tole-communication tower. (Z-99-025, Top of the Hill Subdivision, Larry Relchhart) Motion by Carol Ann Ganzer and seconded by Salty Rishel to recommend approval to City Council. 'Discussion of kern Is Included In Court Reporter's transcript attached to this set of minutes (Page 112), Motion carries 7-0. 15. Hold a public hearing and consider making a recommendation to the City Council concerning the rezoning of 17.692 acres from an Agricultural (A) zoning district to a Commercial (C) zoning district. The property is located on the north side of 135 East from Pockrus-Page Road to Mayhill Road. The proposal Is to permit the expansion of the existing manufm.'ursd home retail outlet, (Z-99-033,1-35 E and Mayhill Road, Wayne Reed) Motion by Elizabeth u:urdie and seconded by Salty Rishel to recommend approval with conditions to City Council. 'Discussion of Item Is Included in Court Reporter's transcript attached to this set of minutes (Page 113), Motion carries 6-1. Jim Enooibrecht ocoosed. 18. Hold a public hearing and consider recommending approval to City Council a Detailed Plan for Planned Development 129 (PD-129) totaling 15.147 acres. 11 Is located wait of Stuart Road, north of WoRrop Drive, south of Aspen, and east of Lldc Way. The proposal j 1s for twenty-six (26) single-family detached lots (4.65 motes) and forty-four (44) duplex lots (10.59 acres totaling 88 vnlts). (Z-99-034, Olympla Creek Court, Kathryn Nilsson) Motl;,n by Carol Ann Garner and seconded by Rudy Moreno to recommend approval with conditions to City Council, j Discussion of Rom Is Included in Court Reporter's transcript attached to this set of minutes (Page 131). Motion carries 43. Saito Rishel. Elizabeth Gourdle and Jim Anglll r ht ocoosed.. j ; (Bob Powell left meeting.) 17. Hold a pubtic hearing and consider making a recommendation to the City Council to consider amending the conditions of Ordinance 0265 so lt applies to 3517 Teasley Lane, a 1.831 acre tract of fend, to permit on additional two lend uses, speclticely a d veterinarian clinic (with no outside runs or pens) and a nursing home or residence home for the aged, and alter the sign and bufferyard conditions. The property Is located on the east side of Tesstey Lane (F. M. 2181) appro4maley four hundred and seventy-No (476) feet south of the Bent Oaks Subdivision. (Z-09-036, 3517 Teasley Lane, Wayne Reed) Motion by Carol Ann Ganzer and seconded by Susan Apple to recommend approval to City i y Pape 95 1 v of the requiners erns, Whether KafY would 1 M1L"arau tBxPCttT: IS there a aeuoed7 ~r 2 them or not, of course, is kpendenl ea 2 Mx. POWELLJ IOWA 7/ 3 number of and the type of development 1 3 MR BNOMAUCHT: M' barer moved and 4 always an opts no matter what you're to 4 seconded to eeoommeod-Agrioulttlntt aoalug. Any S develop. S discasdoa on the motion? All in favor terse raise ~RA you far n$rng that 6 your tight hand .1n1~ sate 6 M9 OOURDi& 7 for me. 7 Ms. CPp0j & 0190. 8 MR. ENOELB~ Any questions? H I APPLE: Opposed. 9 there are no other quntions, we hsva it need for 9 MS. OANZEk opposed 10 two motions, one with (Mmutian and one with 10 ' 11 regard to zoning, We w to in a motion with 1 I . 7bat moves to to lion 14. It's In two 12 regard to annexation at time. 12 pats. First off, we'll bold a public hearing and 13 MA wsHEU motor. 13 consider recommending approval to City Cameit warding 14 MR ENO : Mr. R1sbe11, 14 proposed voluntary annention of 65,174 saxes located IS ML xis t would like to make motion s s south of Nowlin Road on the east sido of PMtr11 16 to tec011MMd City Council the Involun annotation 16 generally opposite Hickory Creek Road in the 17 of the Addition, A•86. 17 extrotaritorW Jurisdiction. no zooing at the time is M POwnLLr soooed. II of the annexation will be Agricultural. And Mr. 19 x. ENoeLBum: n's ban moved and 19 Donaldson Is golog to I'll open the public hearing M to recommend involuntary annexation. A 20 and W. DxWdsat is doing to provide the staff report 21 di on on the motion? Ma. Genzer, 2I MA DONALDSON: 7bmk you, Mr. Chair, I'm 22 Ms, oArrtEx rm going to be voting against 22 substituting for Larry Reichkat this event* Larry to 2) s here, too. Mr. Lubbers owns No land. It's his 23 ca route back to Denton with his family having closed on 24 std He does not went to be within the City limits. 24 a ha ore teat week and now has a place to live. Agda, 25 That's why I'm opposed to involuntary atunatadon. 25 Just to summarize two separate actions this Lveninp. I . Page 94 PW I 1%je live out in the country because they want to live I recommendatloa regarding the annexation and a 2 in the tamtry, not in the City limits. The newspapu 3 rocommendatioo regarding the proposed zoning which is u 3 I remanber it sold after we had the cbarter vote a 3 1 Kwned Devetopromt zonlag district. 4 lot of people they thought voted against it bore they 4 First just the annexation, 65-plus acre , ct of Teuley, awn or last . 5 were against growth. Anybody who knows hnaws that s tocated In south Dentona 6 I'm not against growth. I Just don't think sit 6 opposite its intersection with Hickory Creak Road, This 7 right to I'm going to be voting against It. 7 particular sup shows the portion of & Denton Mobility I Mx. ENaeuitpm: Ms. App . I plan and two propoaod srlalala Orris the extension of 9 Ms. APPLE; 1 will also be voting against 9 Hickory Creels Road which will go saw the smobem 10 chit based on the size of~/Its IM(loh, end to boundary of the property and a second proposed rod of l I the comments of the l I I the exten goo of FM24" which will to along It's soatero 12 MIL POWELU Mr. W that, I woondtd the 12 lx odarj. and tI N of Course, Teasley I6 also to 11 motion, IIIt vote for It, t to prove t polnt 13 arterial rood AM I notice In your backup, the backup 14 ML ENOE Rom Any other discusslan7 All 14 report for the sunuAloo Is missing. Briefly, the 13 In favor of the tnoti please raise your rtght bend. is service plan Mort" that were ca"Me of providing 16 Opposed acne s \ ld service in here. We have City territory both to the i 7 Ms. a a Opposed. 17 east and west to it's contiguous on two sides and will I I Ms. I E opposed. is help servo to fill in a hole In the City Limns, l9 Ms m opposed 19 basically. r 30 WOEURECtrsi Motion curia four 20 With regard to Qa zonln., in your backup 11 three. that moves tit to the zoning [ante. 21 that is a proposed uwolrug map, page 14, slut basically / f r 22 Rishe 21 Identifies three tracts with I50•foot eketrial 23 MA IIISHEU Yes, I'd like to make a motion 33 asensaut kind of aathrg the boundaries for these three N we, to the City CM161, that we approve the 24 teacta Initially, the application txrsue In with 1s A 'lion, A•86, for Agrieulotral temporary. 23 Raidendal on the Wilert piece, the 45 sera. PLANNING AND ZONING COO SSION A r"1° n 1999 Page 93 • Page 96 29. i 1 I I I I CondeaetIttnr Pose 97 Page 99 I Multi-Family was the zoning requeA for Ws MM And I Ka. WMAON: okay. ~ t. 2 a Canmerelal zoning request far the are adjacent to 2 MA EMBUXECkrr: 00 Shad. 3 Teasley Lane. 3 Ma. trot. W! if thin is the tare, tben 4 Through the annexation public bearing 4 having made my comments regarding the annexation, I'd 5 process the applicant has been mooting with resldc*U of $ make comments and I'd like to introduce someone 6 the area and has subwq rcnay cMryyod their eatapt plan 6 regarding the plan and the zoning for the property. As 7 so that it new includes - all most all of the land is 7 Mr. Donaldson mentioned, we are asking for Posl"Hol 9 Sb4c.Family development with the exocption of a I on this entire tract I'd like to Introduce Mr. Kan 9 60-foot by 60-toot rgtlare up in its tno *A&d twma 9 Mitchell. Mr. Ken Mitchell Is with Paramount 10 which Is curnn+ly leased for a telocwmmunlcations tower 10' Development, a partner with us On this Pro" and he's I t so they want to tnalOW" a Commercial 20111116 (Of that l I got some development sites that we'd like to share with 12 little square. 1 think it was In 00th of an acre or I a you. 13 something like that. The applicant his mently shown IS Ma Eatoei aitB r6 if you would give us your 14 tea a site pion. We didn't get it In your backup but 14 name and business address for the record. IS I'll let them describe It to you. l3 MR WtCHELL Yea, air. W. (xtairman, I6 And associated with the Plemnod Development 16 members of the P1armIng Commission, MY name I$ Kea 0 are a vies of conditions built Into the concept plan. 17 Mitchell, buslneas addxss Is 15851 Dallas Parkway, II 71tose are on page 19 of your backup. And just to 16 Suite 100, Dalai, Texas. I'm the land Acquisition 19 summarize some of the high points, the mwantum density 19 Director for PusmOunl Land Development Company. 20 of four units 1+cr acre, a minimum amount of open space 20 When we rust started waking with Mr. 21 require 4 minimum louse sizes delineated as 1,600 square 21 Piuell 00 the property we Identired a 0umbet of p~y 22 fat for lots measuring lees than 60 fat at the front 23 situations that we the felt ~ro deportion d our of attention. 23 building line and 1,800 feet for those greater than 60 23 working rom 24 fat, standard style of zoning setback requirements, 24 westward. Fird of all, the significant ionic that In 25 minimum roof pitches. We don't often sec those, 25 the future will be created by the construction of the Page 98 Page 100 I They've designated a minimum root pitch of 5112 and a I proposed OU499. Moving eastword - moving westward, 2 few outer design-crientod conditiatts relating to berms, 2 the property right now hod a rolling character and has 3 street trace, pocket parks, and buffer strips. With 3 severs: natural features that we would like to ~ 4 that I will close. Any questions? 4 Incorporate Into the development plan. The r'A In the 3 Mk INOELBREM: t would appear not at S mid to uppwtop portion of the screen crows existing 6 this time. Thank you, Is the p dOtkr Of 6 ems is a very Wee grove of trees that we'd like to 7 petitioner's representative present? I think everyone 7 preserve and protect and Incorporate into a common area 8 knows but would you please give us your mane and I park for the neighborhood. Then also is an t xMing 9 busiest address for the record 9 stock pond on the property that we would, s0a, like to 10 M0. T.'Ei 90N: Mr. Chairman, mombas or the 10 utilize and perhaps use for some o0•sim detention. 1l Can rlssion, my name is Bob Nelson. I live at 3329 Dunes I I Moving to the west we have a 150-foot power 12 Scat here in Denton. This evening I'm representing 12 line casement, If you'll twte, the way the lard plan I S Pinneti/Ford and partners in this 65-nee voluntary 13 has been Baled, we've tried to wbindze the number of 14 annexation mqued and we lunge you to make a 14 residential units that are achutly sbdti tg that power 15 recommendation to the Ciy Council to sneer thin place 15 line aaementt, As you know, in most was that's 16 of property. We want it to be annexed so that %w can it considered a vxy ruong negative for homeowners, 7bea 0 have the oppommitia and the beneftb of the City 17 moving father to am weat, We have in qty of lDentoo. On lky the which r I I services that go with that, along with the various 11 is a major dofougb f 19 regulations appropriate for this plea of propery. I 19 south Hickory Creek Boulevard, we have sbown the e 20 guess I'd like to ask at this polnt, are both public 30 extendoa as toted in your masts plan from Tmky all 21 hearings being held concurrently on both 14a and l4b? 21 the way to the proposed F342499. V4 tee delineating, if 33 MR VcteUDUCSrr:l didn't read that but 22 you'll notioe, In the modu't there's a era 11rne these 23 because of the way W. Donaldson made the dolt report, 23 that Zia on the boa der of the two gropertles and we're 24 we can do that. I will simply "y need to open the 24 trying to wok together Ath the property owes to the 25 public bearing with regard to part b. e5 South to where we can Prow" tlut bx line and make gage PLANNING ANDMIND UUWflSSION 30. n, 1999 97 • Peke 100 r ~ t I I~ t„oDdeaaelt'" Page 101 Page 103 I that a part of the median. It may require a little bit I MR RLMM 7beec is no trap door thoulk 2 of extra width on the median to preserve those trees birt 3 MR. p 40MRac2rn u there anyone present r. 3 we, feel like it would be beneficial to the City and we i who would like to speak In favor or thin petition with 4 also think beneficial to the neighborhood a an entrance 4 regard to annexation or sonlag? Yes, air. If you would , S nature and an entrance states nt s give us your name and eddrw f« the record 6 As you'll tote the plan Incorporates seven! 6 ML NEAU My name Is Dave Neel. I live at 7 different elements. First of all, we have tried to 7 110 1 Huyeo Yule which Is also in The Oulu of Momtecito a crate a linkage with several of the natural features on I Subdivision. I'm !term a an informal repraeotntive of 9 the property. The property to tk north is under 9 the The Oaks or Montecito, and i,u explain tt r in a 10 consideration at the present time. Rnn Froze with 10 moment. 1 I Eastern Development is looking at an open space style of 11 In short, we support both the annexation rd 12 community. I kntxw he's talked with Planning staff. W. 12 the roning that the developer ha proposed. In a more 13 Pinneli has talkod alsowith Ron Fran abort the dulm 13 general seise, we In The Oaks of Mortecito an proud to 14 of perhaps developing thee two properties with some 14 live In Denton. We an not anti-development a some 15 continuity to where the common are on the one would tie 15 people may have thought In the past. We promote quality 16 to the common area on the ether. Again, they have a 16 of life tenures in Denton and, in fact, I think that 17 natural draw going through their pm,Yity with a number 17 quality of life and development we not mutually t a of trees. The goal being to be able to have all there 1 a exclusive terms, by any sense. 19 communities tied together. The property to tb south, 19 Recently we had our annual picnic In 7be 20 we've talked with the owners of that property on a 20 Oaks of Montocito and during the picnic we talked to the 21 preliminary basis. They have acme significant stands of 21 marry residents dun. And 30 of the residents or The 22 Iran that, again, would incorporate well Into this and 23 Oaks of Monoecito signed a general oudine with the type 23 of plan. 23 of issue that we feel aria important for development to 24 :a the key elerrents here we'.e tr*,S to 24 our neck of the woods in south Denton and these Issues 25 buffer the there's a number of major thorougWara 25 deal with development, density tastes, Imen apsoe, and Pogo 202 Page I here. It you'll look, we've got additional lmdscape I other quality or life taus. We have also met with W. 2 buffer along Tculcy Lane, along Hickory flock Road, and 2 PinnelI and No associates and 1 know that k's dw 3 most particularly a 20-foot landscape buffer along 3 talked to - he and his atsoolates have talked with 4 proposed rm2499. Trying to minWU the Impact of the 4 other people in Denton. And I think ibis Is another S power line. Tried to crate the opportunity to tit to S very good example of how democracy works In the City of 6 the north and south development and to crate linkage 6 Denton and 1 know that Us is something that the City 7 for all of those. As you can sec, the overall density 7 Council to also promoting. So w1am we do have it I of the project Is 2.82 acres on a gross bads, 7lat's a development, it's o win-wla situation. Everyone Is 9 due primarily to the tremendous amount of land that to 9 happy with what take place. 7be proposed development j 10 loaf due to the motor thaoughdam, do to the power 10 clearly falls in with all the criteria that we In The i I line, and is tat available for development. If you I I Oaks of Moolecito feet are Important for a quality 12 calculate on a net aertsge the density f believe Is 12 development In Denton. So let me stress again that 13 somewhere around 3.3 units to the acre. I) because they fit all throe Issues rgWdirp quality of 14 M's reel like this Is a good use of the 14 life, gram space, and so on so fortZ we fully support IS property and we reef like It preen va s number of Ile i5 the armaton and tonbV. 16 irnpontant a.tunl !alum, I'm going to wrap up. 16 1 was gotog to stop right time and 17 Thanks. 17 there's one thing that did sat of hit me bare. I'm a I I MR. WOELeReeet: You have one minute. lI link pualod why this didn't come tip In the meeting. 19 MR. MMHELG Oh. Other than that, that's 19 We think this G a gent plan, but tanembe Denton is a 20 all 1 have to my. 1'11 be glad to answer any 20 small town. No one told us about the N antenos. That ! } 21 questions. 21 bothers me. He straight with tat, Be a straight ~ 22 Mit Errasu ma; commissioners, do you have 22 shooter, Denton is a small town. 23 any quest ions? It appears that that are none at IMI 23 MR rNOeuREC M If you would, sir, please 24 time, 7bank you. 24 addrw the Commission. 7bm* you. 25 ML MMELU You're welcome 25 MR. h ALJ Denton is a entail town. We have PLANNINO AND ZONING COMMISSION A ^.n n 1999 Pap 101 • Page 104 31. t tCondenaeltt" Page 105 Page 107 I heard through the grapevine that there's going to be it t meeting with you, it says it on there, 1 Tv tower there or somewng proposed Why weren't we 1 ML ENOuBRsm. if you would, just address 3 told this? We might be for it. We probably eatldn't 3 the Commission. if y'all want to talk afterwards, 4 see It. How Wt. is it going to be? If You're going to 4 that's fine S work, if the developers are going to work, they're going 5 MA FNNEw Fine. Well, we did our beat 6 to have to be straight shooters nod tell us ovaythin& 5 to meet with the prorx+ty owners sad melee everybody T This is disappointing to roe. When 1 sat them rive 7 happy. S minutes ago, I10 permt support, now It'I 100. But 6 MIL ENCEt9R8=: Do you know what the 9 It's very disappointing that we weren't told this. It 9 height of the tower will be cc some colmate7 to wasn't pointed out to us on the maps dust we were shown to MIL rmLU No. I don't It's a cellular 11 on Monday. I went straight shooters. 1 want to hear I I telephone tower. Does anybody In here know what 12 the whole stay. 12 MR. ENOEUPY W: we'll ask staff and see if 13 We expect that also rust of o r pouticlam. I I they know. 14 We still support It, but I'm very du;ppointed that we 14 MR. rwNELU it's only a 60 by 60 square. 15 w'aen't told the whole story. It's veri disappointing, is Can't be very Wl. 16 1 don't know what else to say becatve this is a quality l6 MR. ENGELIBRECxr: Commissioners, say 17 development. This It exactly what we're looking fa. 11 questions? May. thank you. Oh, WIN Mr. Moreno. is This is why, unfortunately, maybe Demon gets a Is ML MOREiO I'm not ^ Mr. Pineal, I'm not 19 reputation of being anti-clMlopmant. We Aren't 19 sure that I've ever seen a conoepl plan like us lob= 20 anti•developmeot We just want the whole story told to 20 you've got 10.000 square foot loo right next to too 31 us when we're me' with. But D'll end and say it's a 11 that are less than 6.000 square fed. I'm wondering how 11 great development in fact, l had a two and a half 22 you came to that conclusion that you could market It 23 minute :pooch, as you know. on aly. it's a good 21 Concept plan like this. 24 development, quality people. But next time the 24 Mkt. PMELU What, the 10,000 foot Ids? 15 developers come to us, tell us the whole story because 23 MR. MORENa 10.oo0 right Dext to 6,000 Page 106 Page 103 1 now tt: u :xt time we meet with 901e0rte else, we're going l squaw fed low. 2 to be more auspicious and we're going to ask roe deep 2 ML PINNEW Weld they're 11 yer low at 1 questions. Thank you very much. if you hrr any 3 probably about the same prix because of the Orange 4 questions I'd be glad to answer them. 4 configuration that they have and backing up to the power 5 Mp 1;YOet9RECH1': Cemtnisslow,'s, any 5 lie and backing up to the rWWIY• That was our way of 6 questions? Thank you. is there anyate else present who 6 getting ova having making those lots Moore 7 would dike Lt speak kn favor of this petition? Yes, 7 marketable, 6 sir, if you vrould please give us your name and address I ML MORENa okay. Think you, air. f 9 for the word, 9 MA WOEl9RM9.- Are there any other 10 MIL PE•tt UU Yes, my Dare Is on Knoell. 10 questions? 7bank you, sir, is there Anyone elm 1 t I reside at Route I). Box 131 In Denton, actually in the 11 present who would like to speak in favor of the I2 City of Corinth but the mail cores to Denton. I'm ft 12 petition? Yes, tar. Give to your name and address is developer of the property, Dave. I'm sorry we failed to 13 please fa the record. L4 mention that to you. We made the Damon the towers 14 Ma AWWSON: My name Is Kevin Atkinson, is little over two years ago. They've boss PaYNg rent to is 102 Darn Road. That's my friend and neighbor. Ben 16 us for two yeah. They plan to build a microwave tower 16 Pinnell, and I'm pen Owner in the adjstelt property lo 17 there, It's a amdl microwave tav cr. it's only on 160 11 the south, a 17-acre tract. My partner, Hera w I6 by 60 perm and it's not too much WSW than mast of It Forrester, is the manager and pan owner in that ~ r i9 the louse around there, It's sot anythdng significant 19 property to the saurth, too. He's is Alaska right Dow. A 20 But with Hickory Ckedc Our Rod prop" 14ng~ as oo east 20 They haven't started construction on the lower yet but 23 the Dag and Wed ~ tl lave paid us rent of SS,.A0 a year for the last two 22 ooaunercial, the front 1 acrd Ihae. There are 4,7 23 yeah. it's there. It's part or the II I that corns 21 with the whole deal. I just wanted to exPWD that to 23 Items along Teasley and It's about a fourth or time 24 Dave and I ptrsondly apologize. On she maps we had 24 proberty. It's a perfect retail, commercial using and 15 that we pare to you though, last week *ben we had the 25 my partners dan't want to we watt to hold cc to shat Pa PI.ANNiNO ANDZONINO COMMISSION . 32, 1994 ge 105 • Page l08 ~I ' dcaaoll Page 104 Page 111 1 retail. that ceotmercid potential. 1 exact plan of thd; bowever, this is a km to Primeco 2 And I've been told that It's oel j Wbood 2 and In my p rAm position is 0W utility Industry, 3 services and I'f col elm what that term Is but with 3 these kind of towers we often about the was size as I 4 that Hickory Creck Road exteodirg straight onto Teasley s the steel towers for the traasmisdon line that goes 5 Lane, I would think that would be a benefit to the S through there. In fact, it lot of times they will mike e oommunity to have something like a grocery aton'or 6 an arrangmlent with some utilitks to put those upon 7 wmctldng is that line in that area then. Am I out of 7 those towers. So they Use about that "me lrtij 0 of 8 line in bringing something like that up? I needed to 6 tower. It Is not a Tv antenna It's a ocllulw 9 tome down and express that. 9 telephone and those are not manlly that tall. 1'd say to MIL ENael9aecltt; w-U, I think that it's 10 about the belli of the power lines that are right there I I appropriate for you to let us know whet Your eoncems 11 In that same vicinity. 12 are std interests are with regard to that area We 12 MIL EJNGEtBREM-. All right. 'Thank you. 13 already have the neighborhood services zoning in place 13 Mr. Donaldson, any find staff remarks? 14 at this tiff; is that cared? 14 M0. DONALDSON. we'll need to remind you is M.IL AmDwN: Mat's whet I bard. IS that we need the two actions and I apologlze for just j 16 MIL ENoELExsm., okay. And bow large is I6 sliding right into that public bearbi. 17 the tract? 17 MR WOELBRem; That's fine, I should is MIL ATUNSON: f7 acres. I8 have elther csv& It of opened it, 19 MIL ENGELBREM: t mean, how much Is 19 M1t DwwosON: we do need a roccam%m ration 20 monad 20 regarding the annexation separate from the 21 MR ATKINSON: 9.7. 21 rotemn eMMon rlgand ng the planned 13cwtopment tone 22 MIL ENDEUMM: All right Staff an give 23 district 23 you some more Information with regard to what would be 23 MIL ENaEURECNT: oAmtusdooen, do you have 24 allowed on that If, in fact, that's what the toning is, 21 any questions of staff( 25 And the only way that could be changed would be if Yw 2S mS, owRDm Do you have those written down Page 110 Page 3 carte Ind pxlitionod a change in the zoning. You lave 1 anywhere, by share? 2 that toning In p?see now; is that correct? 2 MIL DoNAt moN: t bel eve the zoning 3 MIL ATKINSON, : right. I'D just then write 3 recommendation is in you backup on pope 8 and I would j 4 In or if I could just get a more clan definition of 1 just say that recommend one way or the other with 1 5 nelghbahood services. $ regard to the 65.174 acres and reference & A-83 case 6 MIL ENOEL ERVI(T: Stdf can provide you with 6 number, we'd be coveted 7 I& Donaldson or is Mr. Reed still here of did he 7 j* ms. Appm 1'd like to make a motion. I'd 8 disappear? They can provide you with the c4ranoe with I like to move to recommend approval to City Council an a 9 regard to what's allowed In neighborhood servicv but 9 voluntary annexation of 65.174 sea located WA of to there are obviously a variety of ftm service kinds of to Nowlin Road en the ant Ode Of PM2121 Of Tacky Lane I I busineaxs. L I generally opposite Hickory Crack Mad in the 12 MIL ATXMON: All right Okay. 13 exttsterriterial jurisdiction of the (city of Lenten. 13 MIL ENOELBREM: COmmlSOOMO , any 13 lire to-ti% at the time of the armetation will be 14 que rtlons? Thank you, is them anyone else present who 11 Agricultural and this is regarding i-83. k 15 would like to speak in favor of this pctidon7 Anyone 15 MIL IISMMA second. 16 else present to speak In favor of the petition? In that I6 MIL meaRECNfr it's been moved and 17 car, Is there anyone pm nt to speak in opposition to 17 acceded to recommend approval of voluntary aneexatiom. I I the petition? Anyone present to speak in opposition to 1I Discussion on the rnodon7 All in favor raise your right 19 the petition? Since there is no opposition, we'll waive 19 hrA Motion carries unanimously. And we would i ' 20 the rebuttal session. Nblic hawing is closed. 1 20 entertain a motion, ML c3anter, A' ' f'rS 2I might ask Mr, Yetson 1 sew you start to get up. ftid 21 . ( MS . .OAKM, I move 10 recommend approval of , f 22 you have a question or a comment with regard to the 22 Z-99 075. 23 tower, the height? 23 MI, R31 4M Second. 21 MIL NELSON: t was going to Just comment 21 MIL mELButw: pt's been moved and 25 about the height of the tower. I have not son the 25 wmf&d to mo mlard approval. There was 10" i!i PLANNING AND ZONINO COlvfallSSION If rites 0 1999 Page 109 - Page 112 33. ` t ~i II "I Condenselt"' age 115 Pap 113 t Ms. cAAr2FA: rU say as submittod, t Plea ldrntifying and tocopil:Ing this r3tattpe Is 2 NR MHEU Second. 2 development pats rm in this seer and a new video fu 3 Mtt tNOELBRECF[1': It'a been coved sold 3 t1E s particular property is a Cova nercial area 4 seconded to recommend approval of the Plamaed 4 stafre analysis dtmoustrolles that this per S Development as tocommrnded by staff. Any discussion on S inconsistent with the 1988 Denton Devolbpmenl Plan but 6 the motion? All in favor raise our right hand. Motion 6 it is consistent with as }999 Denton Plan Growth 7 can: s unanimously. We have to move quickly. 1& 7 Management Strateocs. and Plan.' a awe says a cutoff. Haven't gel much time' 8 11-e property does have wogs to adequate 9 left. 9 utilities and tranapoAatioo Infrastructure to 10 We'R imye onto Item No. 13 Is d a 10 axommodoto a Carrunorctai toning district. And 1 would 1 I public hearing sed~orhsider making =ommendation to It like to point out that, tie scalps description of the a the City Council cone !sing ng of 17.69 acne from u proposed intent for the resorting is not corset h'a 17 Agrcultsual to Commerc* property, is loaled on 13 not rlae ways w allow the expansion of the existing 14 the nan}t side of 433 H Pace to Meyhlll 14 manufacturod home entailer otrtkt there but to allow 1S Aced The proposal i4 to permit expansion of the is clef existing taanufadured home retail owlet to operate 16 existing manufactdood home retail et At this time 16 u a permittat use and to allow new tomm~rdld 17 I'll open th401he io hearing. Mr. Reed going to It businessd to locate on this site at some point In time. I e provide us staff report 18 And the hpplicant who is here tonight can a to on aeeu thank yot4 ChAhm En Ibrecht 19 that. I~ust wanted to clarify that. 20 The ease ore us involves a property loafed 20 There are two issues that staff would 21 acrossdreet from the Denton Regina Mali 21 to deify confining 6" roqucsL Staff providod 22 Cents/ l~ospital, which on rite vicinity map is 22 Commission with exempla of other conditions have 2S riot~ne in this site here, I'd like to clarify a 23 been. placed on Commercial zoning In this area. 24 gre c error on the maps that 1 have here. The scroor 24 feat is the prohibited uses on the property on the test 25 is arrest, it was just a graphic error on the map. The 23 side of MayhilL More or less this is the hospital site Page 114 Page 116 2 v4d the hospital is but a small portion of that I sitedoer not include ids small area tight here 3 That's actually a City of Denton pro" and theca 2 coed wnittg district, Commercial oorld ttloeg-~ 3 same utilit eft located there, 3 zoning ct And on page 29 of the staff report 4 Moving on, the particular property 0 zoned 4 there's a fist those prohibited wa gn cite property s Cumunerciai back prior to 1991 or Into M1. At dot 3 located to the w of M`yhUl Road. Because on the 6 time the property owner at the time roocsted rezoning 6 site there is a um hoate outlet center, one of 7 down to Agricdnu-al zoning. It was approved So today 7 the prohibited uses listed would actually cresie some a a new property owner is back asking for it to be zones! a ambiguity as to wbec'ter of Cot that would be a permitted 9 back to Commercial, In staff'i analysis of this, we 9 use if this eras rezoned to W with these io rind that since 1988 when, the Delon Development Plan Io pwhibitrJ uses. I1 was approved end identified this area as being a I I so staff would just like to IWY that. 12 !ow-intensity area, which is for reairlemtial use, with 12 When the Comndsalon debates this my want to look 13 that 1998 Denton Development Plan thstlow-intensity 13 specifically at iue No. ID, which ro ' rental or the same u 14 area was on the east side of Mayhill R04 Just on the 14 zoning ordinance says a mobile home is west side or MayNIt Road here going up dI the way Is a house trailer. Staff would further cis that a a nano! l a where Walmart Is and w forth was a n4or activity 16 mobile hotde is not the same n home as 17 center and a major activity center was meant b\~ 17 defined by the Hawing W Ur ban DeveI t Agency of it accommodate high-end uses and high-density f 'ly It d e Podchd sovernrod tL 1f you want to elsbora Into hilt about or the a , 19 developrocni, So even though it was adjwenl to a Joe 19 yLUr mdiom you may want to 20 activity outer, ids property is identified as a 20 trailer, ivnw does not include a manufsetured or e ! ! 21 tow-intenIty are by the 1988 Denton Development Ian. 21 manufactured borne lot, retell ask. I wanted to poL 22 H wtwer, this area has developed In a 22 that but because that is sot eddag that an gate a 23 different tier since 1988 with those dirfcrent 23 problem with the petitioner sod we have Wkod ebatt i 24 condition being evident and discussed in the staff 24 Also In staffs rnoCm where we have cited 23 report Staff does talk about the new Growth MarArtnent 23 recent conditions placed on ochre property, on page S of PLANNING ANDZONING COMMISSION JUI 34. 99 Page 113 • Page 116 III, I i ATTACHMENT 3 ORDINANCE NO. k-4 ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 65.174 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE 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. (A-83) WHEREAS, Pinnell / Ford, Inc. has petitioned for the annexation of 65.174 acres of land described herein; and WHEREAS, the City of Denton on April 13,1999, 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 Zoning Commission recommended approval of the petition for annexation; and WHEREAS, public hearings were held in the Council Chambers on May 11, 1999, and ` May 18, 1999, (both days being on or after the 400' day but before the 20 day before the date of the institution of the proceedings) to allow all interested persons to state their views and present evidence hearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the property described herein by j the introduction of this ordinance at a meeting of the City Council on June 15, 19991 and ' WHERFAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on June 19,1999, after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; and WHEREAS, the City Council finds that the annexation will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth M:.nagemcnt Strategies 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 hereto and incorporated by reference, is annexed to the City of Denton, Texas. S'ECTION U. That the service plan attach d as Exhibit "8", and incorporated by ' I \ refer ,cc, which provides for the extension of municipal services to the annexed property, is appr,ved as part of this ordinance P, 3 5 . t t c, a KN IGI.i WLrLWLWERi4ldos~MM~wA b O~CM1N0 b 4 Y $F,CTlQJ Should any of this ordinance be held illegal for any reason, the part holding shall not affect the remaining portion of this ordinance and tl,~ City Council hereby declares it to be its purpose to annex to tha City of Denton all the real property described in Exhibit "A" regardless of whether any otlicr part of the described nroperty is hereby effectively annexed to the City. If any part of the real property annexed Is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or Is not within the City of Denton's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as if the excluded area were not expressly described in this ordinance. SECTION 4: That this ordinance shall become effective fourteen (14) days from the date of its final passage, PASSED AND APPROVED this the day of _ .1 "9• JACK MILLER, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY By: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By Ila, x Pay 36, c 1 I 1 EXHIBIT A ALL THAT CERTAIN TRACT OR PARCEL Of LAND LYING AND BEING SITUATED IN THE BERRY MERCHANT SURwLY, A4SVXT No. 600. DENto.4 OOUNIY, TEXAS. AND BEING PART Or A TRA1.'T OF LANG DESCRIBED IN A DEED FROM RfN G O K. IN ONNlY OJEA 'S UMEEGNo. 93~RDD0721pCT06ERm12, ROP3E~RTY RECORDS, DENTON COUNTle, TEXAS„ AND BEING MORE PARflCtRARLY OESCRIBEO AS FCLLM; SEGINNINC AT A SET 1 2 INCH IRON ROO AT A CORNER POST AT THE SOUTHWEST CORNER OF TRACT OF LAND DESERVED IN A DEED TO JOHNNY L. JESTER at u:, PECORDW IN OOJNW CLERKS FILE No. 83-40072123, REAL PROPERLY RECORDS. DENTON COUNTY, TEXAS, ON THE EAST AhCHT- OF-WAY OF F,M. ROAD 2181; T '%)WH LINE OF SAID JESTER TRACT, A DISTANCE HENCE SCUM 84 DECREES 37 MINVrES 53 SECONDS EAST. WRH THE S ?f2 INCH IRON ROO AT rENGE CORNER PO T. iAT 7THE S0UUTHEASt CORN O SQD'JESTER TRACT: THENCE NORTH 04 DECREES 24 M'NVTES 56 SECONDS EAST. MIm THE EAST jCM A? M& THE ~NERFO DSM JESTER.TRPi'T,, CONTINUINGSA T TAL OIS?ANNCCE OF 549.24 FEET TO A $ET 1//2 INCH IRON ROD. ON tHt NORTH LINE OF SAID MAG LEE LMNC TRM t#AGT, ON THE SOUTH L$t Or A TRACT CF LAND DESCRIBED IN A DEED TO MEL wHEELCR aK Yr RECORDED 14 VOLUME 971. PACE 270. DEED' RECORDS, DENTON COUNTY, TEXAS, M THE 1,FDOLE OF NOWLIN ROAD; THENCE SOM 89 DECAIEM 45 MNUIES 43 SECONDS EAST WITH Tmt NORTH LNE OF SAID MAC LEE LINO TRUST TRACT. AND THE Wr UNE INCk SON ROD AT TLIE, ANOR MSUMC OF 1738 VES1 CC*KR OF S D M10 A AC LEE LYNG WHEELER TRUST TRACT. AT THE SOVFNEASt OORNER OF-A TRACT OF LAND DESMKD IN A DEED TO MEL VMEELER of us RECORDED IN VOLUME 1054. PACE 17, DEED RECORDS, DCNTON b4VM. iiRi; THENQ SOUTH 0 DECREES 12 MUTES 57 SECONDS EAST. WITH THE rA4t LINE Of SAID MAO LEE LMRO TRUST TRACT. A OISTANCt OF 1308.4 FEET TO A SET T/2 WCH MOA' ROD At A FENCE CORNEA POST, At THE N+EASr CORNER Of SW MM LEE UYM TRUST TRACT.' AT T►K NORTHEAST CORNER OF A TRACT OF LAID D SCRIDED IN-A OECD TO HEMCNEI, V. FORESTER,TR~7~TEE, REOOROEO IN VOLVME 808. PAGE 821. DEED RECORDS. DENTON COUNTY, TEXAS; THENCE NORTH at DECREES 47 MINUTES 20 SECONDS WEST, WITH THE SGUTN LINE OF SAID MAC LEE LMNG TRUST TRACT. AND THE NORTH uNE of SAID LONG TRACT. A EXSTANCt OF 2411,58 FF~~EE~t A, IRON 900 AT A FENCE CORNEA POST, ON THE U1 TWO hT-fETOF-1WAY/2OpkylF F.M. ROAD 2181, THENCE NoRrm 00 C Mo 34 14INUTES 56 SECONDS WEST. WITH THE EAST A1414-Of-WAY OF F.V. RQAD 2:61 A DISTANCE OF 772.45 FEET TO THE POINT OF BEGINHINO AND COHT4Rit4o w ALL 65.1741 ACKS OF LAND. i r SURVEYOR'S CERt Myr Zd IK'goT "I u '11"I 4F2C &V Lis I 37' ! INOS131IVS$d"MFf 809: NORA i i ORDINANCE NO. _ ATTACHMENT 4 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 65.17 ACRES OF LAND GENERALLY LOCATED SOUTH OF NOWLM ROAD ON 711E EAST SIDE OF FM 2181 (TEASLEY LANE.) GENERALLY OPPOSITE HICKORY CREEK ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000,00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE. DATE. (Z- 99-025 WHEREAS, Ben Pinnell on behalf of PinnelI I Ford, Inc. has appiied for a change in zoning for 65.17 acres of land from Agricultural (A) zoning district classification and use designation to Planned Development (PD) -ming district classification and use designation; and WHEREAS, on June 9, 1499, dte Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council funds that the change in zoning will be in compliance with the I 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE THE COUNCIL OF THE CITI' OF DENTON HEREBY ORDAINS: SECTION I. That the zoning district claaification and use designation of the 65.17 acre property es described in the legal description attached hereto and incorporated herein as txhibit A is changed from Agricultural (A) 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. SECTION Il. That Exhibit B, attached hereto and incorporated herein by reference, is approved as the Concept Plan for this District, subject to the following conditions: I . That permitted land uses and restrictions for Tracts 1 and 2 shall be those permitted in an SF-10 zoning district and as eligible for land uses permitted with a Specific Use Permit in an One-family dwelling (SF-10) zoning district. 2, The PD requirements for Tract 3 are attached hereto and incorporated herein by reference i as Exhibit C. That permitted land uses for Tract 3 shall be those permitted in an SF-7 zoning district and as eligible for land uses permitted with a Specific Use Permit in an One-family dwelling (SF-7) zoning district 31 That permitted land uses and restrictions for Tract 4, a 0.02 acre (approximately 60 foot by 60 foot) area, be restricted to a Ielecommurications toter. SE ;ION III. That the City's official zoning map is amended to show the change in zoning district classification. 1 38. t• . c, I I i SECTION IY, 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 . violrted 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 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 Demon, Texas, within ten (10) days of the dale of its passage, PASSED AND APPROVED this the _ day of 1999, JACK MILLER, MAYOR i ATTEST: JENNIFER WALTERS, CITY SECRETARY I BY: APPROVED AS TO LEGAL FORM: HERBERT L. PRJU] Y, CITY ATTORNEY BY: ' do _GA~ 1 i A 39, cEXH.BIT A ALL CERTAIN IN ETK My MERCHWT T $WRYLY J~TRACT No. 800, OOEMO S11V *M. TEYAS. AND WN0 PART (.S' A IRACT Of LANG DESCRIBED IN A DEED FROM MACGlf W- RECOROfO SIN UCOUNOtYMCIlWLEE LNM $ PTU ~ 93-R FILED 7'2122, TOBER 12, REAL 1193. RECORDS, OENTON COUNTY, TEkA3, AND Bt11N6 MORE PARnCUL*LY DE•CLRIBED AS MLOWS: BSOUTHWEST OORNCR OF 1~[TRACT OIRON F LANp~OFSAT A CA1SEO IN A MD POST TO JOHNTHE NY 1, AEStER 4t ue, RECORDED IN 000M CLERK'S FILE No, 83-11110072t23, REAL PROPERTY RECORDS OENTON COUNTY. TEXAS, ON THE EAST RtCMT- OF-WAY OF F.M, ROAD 2111; TH SOUTH ENCE SOUM 84 DECREES 3i 'r' TS SS SECONDS EASf. WITH THE i $V 1/2 INCH OF $AID IRON ROD AT A 1~4NX'OOR EN POST. AT 71 FEET E SOUTH" CORIW OF SAID'JEStER TRACt1 THENCE NORMM 04 DECREES 24 MINUTES Si SECONDS EAST, WRM THE EAST LINE of swo AES16 TRACT, PASSMQ AT 703.91 FEET THE NORTHEAST :OiiNfR Or SW TRACT, CONTWL4W A TOTAL CISTANCE OF 999,24 FEEL TO A 3E7 11;42 INCH IRON ROD. ON THE NORM LINE; OF SAID DESCRMEO~IN A DEED TO MCt, EL ~WNEELE ~uK RECOROF A DED T114 VOLUME LAND . PACE 270. OEM RECORDS. DENTON COUNTY, TEXAS. IN THE MIDDLE OF NOWLIN ROAD. THENCE SOUTH 09 OEORM 4S MWUtft 43 SECt1NDS EAST WITH Nt NORTH L)NE OF $40 MAO LEE "0 TRW TRACT. AND THE j46 UN~~ - - it " ROD Al INE ' NOR STIInu CORNER OF SAID MAO EF LIMN2O TRUST TRACT. AT THE SOUTNEAST CORNER OF A Met Or LAND DESCRIBED IN A OEM t0 MCA WHEELER at uA RECORDED W b'OWME 1054. PACE 17, DEED RECORD!, pE1 m COUNTY, Wi. THENCE SOUTH 01 OEM$ 12 MUTES 37 SECONDS EAST. WITH THE EAS7 , M OF SAID MAC LEE LM" TRUST TP.ACT, A DISTANCE OF 1308.40 FEET TO A SET 1/2 INCH IRON ROD Al A MICE CORNER POST. AT THE SrUTHFi1St CORKER OF $40 MAC LEE LMNO TRUST TRACT. AT INC KRTHEAST CORNER Or A Mgt OF LAND DESCRIBED IN'A OECD TO NERSCMEL V. FORESTER TIN. T1,'):, REOORM IN YOLUMF 808. PAGE 821. DEED RECORDS. DEMON o0&TY, THENCE NORTH 82 OCCREES 47 MINUTES 20 SECONDS WEST, WITM THE SWIM LINE OF SA10 W40 LMNO TRUST TV= AND THE NORTH UK OF U0 LONO TRACT, A Om Of 2481 30 FE~f TO A 1/2 1NCH IRON A40 AT A FENCE CORNER POST, ON THE f/ST NM-OF-WAY OF P.M. ROAD 2181, THENCE NORTH 00 DECREES 38 MINUTES 58 SECONDS WEST, WITH THE EASE RKRHt_Or.WAY OF F.M. ROAD 2181, A DISTANCE. OF 779.45 FEET TO THE PORT Of BECINNINO AND CONTAININO IN ALL 83.1741 ACRES Of LAND. SU,PYLYOA'S CE"fICATE r Ed IFHCKICt 655E !7_ 'Int SLE ax Lt0 40. E7fi! IAYi~I I1W*~ flips BO3 i Ilk1! c E` I r. 1 • 1 NOWLIN RD. _ '10 'ell r toots L TRACT 2 7.61 t ACRES r LEGEND SF-10 X' ` o"' o, I ' E%ISTWO FROMM LINE • • • - WN WO BOON DRY LIN ES ~o' VTILrrV EAMINT LINES TRACT 1 12,05 t ACRES ~y9 TRACT 3 „ 45.42 f ACRES SF•SO / SINGLE-FAMILY R9S1DEN1TAL • ~ tCd7 y' SEE ATTACRSD LIST >`S ` i Lit", HICKORY CREEK RQ N ~ NOTE t t TRACT 4 0.!!6 ♦ ACRES CoMMaxcIAL TRtGCOMMUMCAMrN TOWER OWLY PINNELL TOP OF THE HILL SUBDIVISION ASSOCIATES CONCEPT FLAN 940 321-5231 Total Area - 65.174 acres ~M 4lAClLAtAL PAO$ I OF f ' w • 1 p i LEGEND r%IAItNd PkOfER7Y / /LQ~ I ZANm B(X"Y L~1b C~J I U nlm LAKmm L(m 00 o. 6 1 U PINNELL ASSOCIATES TOP OF THE HILL SUBDIVISION PAbl I OM 2 1 f , EXHIBIT C I PD REQUIREMENTS FOR TOP OF THE HILL SUBDIVISION TRACT3 The following shall apply to the single WIN portion of the PO for the Top of the m■Yrn+um araa Density , The maximum allowable density shall be 4.0 units per gross acra, Inducing perimeter and collector streets as well as open space, minimum DyP,a Sul u1nd A minimum of S~/o of the lan area shall be open space, Including parks, amenity centers, common pathways and entry features, A I open space areas shall be maintained by a Homeowner's AssoclaWn to be established by the developer, with a requirement for a periodic assessment adequate to maintain all land, landscaping and other Improvements, Ssluare Footrae 1,600 Square ~t (alr conditioned area) rea) for lots measuring less than 60 feet at the front building line. 1,800 Square Feet ( air conditioned area) for lots measuring 60+ feet at the front building line, r 50 less than 60 feet wide at the front bullding line, 40% or less for lots equal to or greater than 60 feet wide at the front bulkling ine, Imur" F100r ea/Lot Area Ratio 00I A minimum o one attaLhed two car garage per dwelling unit. A full width driveway of a minimum width of 16 feet shall be provided minimum -mat Yard Twenty (20 feet. minimum tyLd Ten (10) feet. Two and a haf (2 Vi standard stories. MI imum of Depth One hundred (100) feet. Mlnlmum Skle r rd,5ethack A minimum of five (5) feet on each side of the lot M101 lymLot Wldt Fifty (50) feet at the front building line, Minimum Lot Area Five Thousand Seven Hundred and Fifty (5,750) Square Feet. Minimum Roof pltcf~ The minimum roof pitch shall be 1? , 2Cf100 Ream lnrmrnts for lies" n[Ipg Fences vislble from public areas sheii be built ,,;the "good side" facing the t public view. A specific fence desjn shall be rer;ulred for all homes so that the st po has continuity, 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. 43. PAOB 1011 Will C+ u I M .I 1A byk yew There shall be a minimum Of One W street tree for every 30 Unbar feet of bt k tree wtW, with each tae a minimum of two (2) capper Inches. No more tfmn one n be udilxe,i fbr wd, street. The oommunltY shall have It W one i)" of the community by linear common ar, e ra{ 1 linked to other aroas zhe>I Us to joining pro)ects having common elermts. 'Ibk, Omer linkage A landscaped "buffer strlp" shall be provided with a minimum width ofio feet adjoining the rights of way for Hickory Creek Road and the future R4 2499, Mfg I Of I t, ~r J t / P►alect Dna NOWIARd Trod 7 • Slrple Family ftaeid"01 13 06 4 prole. AcrM f 4 SF-10 Zoning % • ` Traa~s~ IM ly AaMarlliai 1161 Sc.1 01aur0 tT ~ ¢ L Tract 3 • Single Family Amidartal 40 04 Approx. Aam • 135 Iola min 5750 a.r iota 2• / D%liic tuna i u+ O ~ a tip, . 3 - a - / ~ + F a ~ ate, Traaa - commreir / " t , f ; (LmaW br proposed % r ommunlcat" tower 1 I HIM AV" SAAppem Acre / Total Land Arm • 53 09 Acrae Kckory Ceeek Rd L . Il f v rI Tim t.s«e1 < T P OF THE HILL SUBDIVISION Denton Texas 65.09 Acres 3<ak e Parer»olxtt Land Development, he, 3MO 0Xr1a ~ ~ For nlomrt w Cmtac 1; K" . 3300/N ..w».N.taiLrr»+ 1 la LW twY IN •,w YA Y•!i IN feu Kan Mtchel lM 490-32550041 c c. Apanda No q - 0 30 AGENDA INFORMATION SHEET Jlr&11W, OaOa ~'3'`1~ AGENDA DATES August 3, 1999 DEPARTMENT: Planning Dep+rtment CMIDCN11ACM: David }sill, 349.831 SUBJECT -A-88 (Teasley Lane Near Hickory Creek) Hold a public hearing regarding the proposed voluntary annexation of a 37.11 acre tract located on the east side of Teasley Lane approximately 700 feet south of Hickory Creek Road in the City of Denton's Extraterritorial Jurisdiction (ET7). BACKGROUND The petio:oner requests the property be voluntarily annexed and zoned with a permanent land use classification of two (2) acres General Retail (GR) and thirty-rive acres (35) Single-Family 7 (SF-7). The proposed General Retail (GR) district Is located at the northwest corner of the property. The property is currently undeveloped except for a dilapidated barn no longer In use. The proposed primary major arterial (F.M. 2499) runs across the eastern portion of the property. The development of this property will require several p:,hlic improvements! 1. Dedication of right-of-way along Teasley Lane and the proposed arterial. 2. Construction of sidewalks. 3. Construction of internal streets. 4. Construction of turn lanes. S. Participation in construction of a traffic signal. 6. Storm water drainage improvements. 7. Installation of fire hydrants. 8. Dedication of public utility easemenu. 9. ..Atension of water and sewer tines. 10. Construction of underground electric utility facilities. The proposed development is subject to the park dedication and park development fees in accordance with the Park Dedication Ordinance (Ord. 98-039). In accordance with the City's annexation policy phti, approved in June 1993, the City will "assess on a case by case basis the annexation of areas in the El J when significant developments are proposed," A preliminary annexation Service Plan has been provided for City Council and public review during the annexation process (See Attachment 7). The capacity of Infrastructure such as waster, wastewater, streets, electric service, and other services such as police, rite, recreation, and general government are evaluated with respect to the proposed annexation. W I i 1. U U I I 'I i PRIOR ACTIONIREViM July 27, 1999-City Council received a report, held discussion and provided stafl'with direction ' regarding annexation. ESTIMATED PROJECT SCHEIW E 1 I This Is the first of two public hearings conducted by City Council. The schedule for public hearings Is consistent with the requirements of State Law (See Attachment 8). FISCAL INFORMATION None at this timc. P&Z SLICCERED RECOMMENDATION The Planning and Zoning Commission will hold a public hearing and consider making a recommendation to the City Council regarding the proposed annexation and zoning districts on Wednesday, August I I, 1999. ATTACHMENTS 1. Location Map. 2. Vicinity Map. 3. Zoning Map. 4. Utilities Map. I 5. 500 Foot Notice Map. 6. Denton Mobility Plan Map. 7. Service Plan. 8. Annexation Schedule. R pectfully submitted: Mark Donaldson Assistant Director of Planning and Development Prepared by: a Kaj i ssen Planner I i 2. Jl ~ 1 ~ r , c , ATTACHMENT 7 A48 (Teasley Lane Near Hlckory Creek NORTH SITE s» LOCATION MAP C Sale; None 3. ' c. I t ATTACHMENT 2 A-88 Tesley Lane Near Hickory Creek NORTH SITE . Invi Oakmnt Country Club Hickory • Creek Ranch 1 . i VICINITY MAP k Seals: None 49 t, u ATTACHMENT 3 NORTH A-88 Teasley Lane Near Hickory Lane SITE i r~.rr+ I )I IKI A ETJ i ETJ 1 A PD•111 SF -7 E CJ 1 ETJ ! ETJ '•`""11 I 1 1 ZONING MAP 1 r r r Scale None s. c ATTACHMENT / A-88 Teasley Lane Near Hickory Creek NORTH SITE r ~ ~ - N • 1 , { .4 177 EXISTING UTILITIES MAP • Hydrants • Water Line (W. L.) • Sewer Line (S. L.) r- ►y , c; Scale; None 6. r u ATTACHMENT 5 A-88 Teasley Lane Near Hickory Creek NORTH SITE FF-7 . FOOR ' • p 1 be,w 500 FOOT BUFFER MAP i I I a Scale: None 7. 1r 1 1 ATTACHMENT 6 A-88 Teasley Lane Near Hickory Creek NORTH SITE 11i ' OAKMONT ' EMIR ~ WE DENTON MOBILITY PLAN MOP N Freeways Primary Major Arterials Secondary Major Arterials Collectors / Loll scale; None 8. ATTACHMENT 7 ANNEXATION SERVICE PLAN CASE NUMBER: A•88 (Teasley Lane Near Hickory Creek) AREAL 37.11 acres LOCATION: East side of Teasley Lane approximately 700 feet south of Hickory Creek Road in the City of Denton's Extraterritorial Jurisdiction (ETJ). Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule: A. Police Protection 1. Police service, including patrolling, response to calls, and other routine functions, will be provided to the property on the effective date of the annexation using existing personnel and equipment B. Fire Protection 1. Fire protection (within the limits of existing hydrants) and emergency medical cervices will be provided to the property on the effective date of the annexation using existing personnel and equipment. C. Solid !Paste Collection 1. Solid waste collection service will be provided to the property on the effective date of the annexation using existing personnel and equipment. D. Water/Wastewater Facilities L Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be begin on the effective date of the annexation using existing personnel and equipment, E. !toads and Streets I. Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin on the effective date of the annexation using existing personnel and equipment. 2. Upon development or the area, roads and streets will be extended to the property in accordance to the Denton's Mobility Plan and the appropriate provisions of Article III of Chapter 34 of the Code orOrdinances. F. Parks and Recreation Facilities 1. Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in ' the area to be annexed will begin on the effective date of the annexation using existing personnel and equipment. However, there are no existing parks, playgrounds, swimming pools, and other recreational facilities In the area. ~ ~ +r r r iiuti ~i Hr~~ t w n n.9. c: fi II ANNEXATION SERVICE PLAN (A•88) Teasley Lane Near Hickory Creek t} { C. Electric Facilities 1. Electric utility service will be provided on the effective date of the annexation using existing personnel and equipment. H. Library Services 1. Library services will be provided on the effective date of the annexation using existing personnel and equipment. 1. Code Enforcement, Building Inspections and Consumer Health Services 1. Code enforcement, building Inspections and consumer health services will be provided on the effective date of the annexation using existing personnel and equipment. J. Planning and Development Services 1. Plannira and development services will be provided on the effective date of the annexation using existing personnel and equipment The Planning and Development Department currently provides services this property by wary of administration of Chapter 34 of the Code of Ordinances, concerning subdivision mid 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 probl.ms as related to comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of providing a specific facilityor improvement The annexed area will be considered for CIP Improvements in the upcoming CtP plan. This property will be considered according to the established guidelines. a +se'IIIf A 0 14 11( 1-r Pl.1~A.M 10. c u I II i ATTACHMENT 8 3 VOLUNTARY ANNEXATION SCHEDULE: A40 TEASLEY LANE NEAR HICKORY CREEK i May 11, 1999 Staff receives annexation petition. Before staff can initiate casework, petitioner requests staff to wait while the petitioner conducts further research. On June 21, 1993, the petitioner requests that staff resume proceedings. July 27, 1999 City Council receives a preliminary assessment, gives direction to staff and considers approval of a schedule for public hearings regarding the proposed annexation. a Preliminary Annexation Assessment prepared. o Annexation Schedule prepared. August 3, 1999 City Council conducts first pyblic hearing. a Public notice must be no less than 10 days and no more than 20 days before public hearing. u Annexation Study prepared and available for public review. u Servke Plan prepared and available for public review. August 11,1999 Planning rind Zoning Commission holds a public hearing en+S considers making a rscommmdatiat to the City CourW. regarding the proposed annexation and the proposed zoning. • Public notice must be no less than 10 days before public hearing. August 17, 1999 City Council conducts second public hearing • Public notice must be no less than 10 days and no more than ' 20 days before public hearing. September 7, 1999 City Council by a four-fifths vote Institutes annexaton proceedings. First reading of annexation ordinance. • Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. October 19, 1999 City Councit by a four•fdths vote takes final action. Second reading and Adoption othe annexation ordinance, City Council holds public hearing and considers approval of zoning request. • Council action must be more than 30 days after publication of ordinance and less than 90 days after oounco Institutes r A, f annexation proceedings. il. t AGENDA INFORMATION SHEET Alp r4oNo, p d Ap* Do AGENDA DATE: August 3,1999 DEPARTMENT: Planning Department ~ ACbI: David Hill, 349-8314 SUBJECT-Shadow Brook Place (A-90) Hold a public hearing regarding the proposed voluntary annexation of a 34.40 acre tract located on the north side of Ryan Road and cast of Forest Ridge Drive in the City of Denton's Extraterritorial )urisdiclion (ET)), (A-90, Shadow Brook Place) BACKGROUND Beverly Stephens, property owner and apph:ant, has applied for voluntary annexation of the subject property (see Attachment 2). The 34.40 acre site is contiguous to existing city limits boundary to the west, north and east. It is bounded by the Forrestridge subdivision to the west, Montecito subdivision to the north, and the Montecito Del Sur subdivision to the east. The property is presently undeveloped, The owner intends to develop a residential subdivision. Nits. Stephens anticipates that the lot sizes in the proposed single-family subdivision will range from three-quarters (Vl4) acre to one (1) acre. To allow this flexibility, the owner is requesting a Single-family 16 (SF-16) zoning district, which is consistent with the zoning districts of the adjacent subdivisions (see Attachment 3). The development of the Shadow Brook Place properly will require several public Improvements, There is no application for a plat at this time. However, the following are general Improvements, which it may be required to provider I. Construction of internal streets. 2. Sidewalks along all public streets, including El Pdseo Road, 3. Extensions of w,'er and sewer lines. 4. Slorm water drainage improvements. 5. Installation of fire hydrants 6. Dedication of public utility easements. 7. Participation in traffic signalization based upon a Traffic Impact Analysis (TIA). The proposed development w+ll be subject to the land dedication portion of the Park Dedication Ordinance (Ord. 98.039). Land dedication for park facilities shall be imposed during the platting process based upon the total number or lots, A fee in lieu of land dedication will be required for the subject property, because it will be less than five (3) acres, the minimum size for a publ„ s At Park. The developer would be required to pay the fee at time of release of the final plat. c, If the subject property is not annexed, the proposed subdivision would be exempt from the park y development fees of the Park Dedication Ordinance, If it is within the City when developed, park development fees will be collected during the building permit stage equal to $291 per unit. In accordance with the City's utnexation policy plan, approved in June 1993, the City will "assess on a case by case basis the annexation of area in the ETJ when significant developments are proposed." A preliminary annexation Service Plan has been prepared for City Council and public review during the annexation process (see Attachment 8). The capacity of infrastructure such as water, waste water, streets and electric service and services such as police, fire, recreation, and general government are evaluated with respert to the proposed annexation. PRIOR ACTION/REVIEW July 27,1999- City Council received a report, held discussion and provided staff with direction regarding the annexation ESTIMATED PROJECT SCHEDULE Thia Is the first of two public hearings conducted by City Council. The schedule for public hearings is consistent with the requirements of State law (see Attachment 7). FISCAL INFORMATION None at this time, PAZ SUGGESTED RECOMMENDATION The Planning and Zoning Commission will hold a public hearing and consider making a recommendation to the City Council regarding the proposed annexation on August 270 1999. ATTACIIMENTS I. Location Map 2. Vicinity Map 3. Zoning Map 4. Utilities Map 5. 500 Foot Notice Map 6. Denton Mobility Plan Map 7, Annexation Schedule , r, 8. Service Plan (2 pages) 1 (t'. + r IM 1~ 2. U I I u Res tfully submitted; Mark Donaldson Assistant Director of Planning and Development 1 P aced by; e Reed Pla~mer II ..J a vnn c!n(1 Rp„n lri YHNald,,.rW f rir uV di. 3. { c, c~ ATTACHMENT 1 S NORTH A-90 (SHADOW BROOK PLACE) ~um PonEN { ft* short Los D" r "Off Cris A fi 1 J 1 LOCATION MAP i nnni Agendo Dale; August 3, 1999 Scale; None 41 L. ATTACHMENT 3. A•90 (SHADOW BROOK PLACE) NORTH SITE e " M ~ r ~d 1" ~ ~ N a1► ~ ~ ZONING MAP Agenda Date: August 3, 1949 Scale: None 6, ATTACHMENT 4 A•90 {SHADOW _SROOK,PLACE} NORTH The is Ir _ • ~~L~ milt Pte tr rrr N a ~ . w P+sN k! w h j r ra A t# Moo 4w phs W Ito t a/ SOW, ' SITE ~y>ti t v ~ j• w or ~ r. f ~ a}y ~ airy rah i~ • EXISTING UTILITIES MAP • Hydrants Water Llno (W. L,) • Sower Line (S, L,) f Agenda Date; August 3, 1999 Salo: Mono 7. 1 a a ATTACHMENT 5 NORTH A•90 (SHADOW BROOK PLACE) I WyiiM bYM t} A Q -11 Pi 41 "4101 ,go r rw~ ritr ~a y Md A M M , Low& po"m lt•a ar ++1 4 N ~ ~ ■ F lr SITE r E y ~ M4 pj pro 111's 04 4 x y op,l .a 500 FOOT NOTICE MAP r Agenda Date., August 3, 1999 Scab: None 8. ATTACHMENT 6 A-90 (SHADOW BROOK PLACE) NORTH ~a'RNf , i j is F w ~ y A~ q w , /d iM ~ rr SITE I elf _ r _ ray ' 4 DENTON MOBILITY PLAN MAP Freeways ,r Primary Major Arterlals Secondary Major Arterials Collectors r t, Agenda Date: August 3, 1999 Scale: None 4. r c. ATTACHMENT 7 VOLUNTARY ANNEXATION SCHEDULE: SHADOW BROOK PLACE (A-90) e.,y.a +~ryrr. ~voc Saturday, July 24" Notice published in Denton Record-Chronicle for first City Council public hearing concerning annexation. Sunday, August 1'1 Notice published in Denton Record-Chronicle for second City Council public hearing concerning annexation. Tuesday, August 3rd City Council conducts first oubilc hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing. o Annexation Study prepared and available for public review, o Service Plan prepared and available for public review, j I Sunday, August S' Notice published In Denton Record-Chronicle for Planning and Zoning Commission public hearing concerning annexation and proposed zoning. Tuesday, August 17s' City Council conducts second public hearln • Public notice must be no less than 10 days and no more then 20 days before public hearing. Wodnesday, August 26" Planning and Zoning Commission holds a public hearing and considers making a recommendation to the CH), Council regarding the proposed annexation and proposed zoning. • Public notice must be no less than 10 days before public hearing. Tuesday, September 7"' City Council by a four-fifths vote institutes annexation proceedings, First reading of annexation ordinance. • Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. Sunday, September 12'^ Publication of annexation ordinance with service plan in Denton Raoord-Chronicle. Sunday, September 12'^ Notice published In Denton Record-Chronlcle for City Council public hearing concerning annexation and proposed zoning. • Public notice must be no less than 16 days before public hearing. Tuesday, October 191' City Council by a four-fifths vote takes final action. Second reading and edogtion of the annexation ordinance, City Council considers r' approval of zoning request. • Council action must be more than 30 days after publication of (l ordinance and less than 90 days after council Institutes annexation proceedings. 10. a ATTACHMENT 8 ANNEXATION SERVICE PLAN f CASE NUMBER: A•90 (Shadow Brook Place) AREA: 34.40 acres LOCATION: On the south side of El Paseo Road and approximately five hundred (500) feet north of Ryan Road in Denton's extraterritorial jurisdiction (ETJ). It Is adjacent to the Estates of Forrestridge subdivision to the west, the Montecito subdivision to the north, and the Montecito Del Sur subdivision to the east Municipal services to the site described above shall be fumished by or on behalf of the City of Demon, Texas, at the following levels and In accordance with the following schedule: A. Polite Protection 1. Police service, including patrolling, response to calls, and other routine functions, will be provided to The property on the effective date of the annexation using existing personnel and equipment. B. Fire Protection I, Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property on the effective date of the annexation using existing personnel and equipment. C. Solid Waste Collection 1. Solid waste collectic. Ice will be provided to the property on the effective date of the annexation usinl, ,ng personnel and equipment. D. N'ater/Wasteeater Facilities 1. Maintenance of water and wastewater facilities in the area to be annexed that are not 1 within the service area of another water or wastewater utility will be begin on the effective date of the annexation using existing personnel and equipment. E. Roads and Streets 1. Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin on the effective date of the annexation using existing petionncl and equipment F. Parks and Recreation Facilities 1. Maintenance of parks, playgrounds, swimming pools, and other recreational facilities In the area to be annexed will begin on the effective date of the annexation using existing personnel and equipment. However, there are no existing parks, playgrounds, sxdmrntng pools, and other reetcatlonal fardi les In the area. ll, c ANNEXATION SERVICE PLAN (A-90) Shadow Brook Place C. Electric Facilities L Electric utility service "I be provided on the effective date of the annexation using existing personnel and equipment. H. Library Services L Library services will be provided on the effective date of the annexation using existing personnel and equipment. 1. Code Enforcement, Building Inspections and Consumer Health Setviees 1. Code enforcement, building inspections and consumer health services will be provided on the effective date of the annexation using existing personnel and equipment. J. Planning and Development Services I Planning and development services will be provided on the effective date of the annexation using existing personnel and equipment. The Planning and Development Department currently provides services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations, K. Capital Improvements Program (CIP) The CIP of the city Is prioritized according to the following guidelines: (t) Provision of Capital Improvements as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of providing a specific facility or improvement. The annexed area vill bo considerei for CIP Improvements in the upcoming CIP plan. This properly will be considered according to the established guidelines. s t O r \ r.. 12. r u Z-99.061 (Smith Tract, PD-11S) NORTH ~r r V . I- I Boa euFFOR 506'MUFFER r AW~ k Ir ~ 200.600 FOOT NOTICE MAP ` t Or \ Agenda Dole. Aug. 11, 1099 Sale, None a c• NOTICE OF PUBLIC WEARING Z•99-061 The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wednesday, August 11, 1999, to consider recommending approval to City Council regarding amending the concept plan for a Planned Development (PD-115) encompassing 230.28 acres. The property Is generally kxated north of Windsor Road between Bonnie Brae and Westgate. The concept plan proposal Is for mixed-usc development Including single-family and multi-family reeldential, and commercial use. 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 1'200) feet of the subject properly, the Planning and Zoning Commission would Nke to hear how you feel about this zonlnr change request and Invttes you to attend the public hearing. Please, In order for your opinion to be taken Into account, return this form with your comments prior to the date of the public hearing, (This In no way prohibits you from attending and participating In the publk hearlnQ,) You may fax it to the number located at the bottom, mail it to the address below, or drop it off in-person: Planning and Development Department 221 N. Elm ST Denton, Texas 78201 Attn: LarryReichhart The zoning process includes two public hears" designed to provide opportunities for citizen Involvement and comment. Prior to the pubic; hearings, landowners within Iwo hundred (200) feet of the subject property are notified of the zoning request by way of this notes. 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 recommend,t approval. Should the Commission recommend denial, the petitioner may then appesl 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. The" forms are used to calculate the percentage of landowner opposition. Plea" circle one:. In favor of request Neutral to request Opposed to request Comments: Signature: _ Printed Name:.__ Mailing Address, City, State Zip: Telephone Numbor: Physical Address of Property within 200 feel ' \ CITY OF DENTON, TEXAS CITY HALL WEST DENTON, TEXAS 10201 04o.349.e350 (F) 040.519,7707 t i I AGENDA INFORMATION SHEET c~-t73D A" No ern d t)ate - AGENDA DATE-. August 3, 1999 I DEPARTMENT: Planning Department CM/DCNUACNI: David Hill, 349-8314'' i i SUBJECT - A-91: (Kirby Tract) Hold a public heating regarding the proposed voluntary annexation of 46.21 acres located at the southeast corner of Nowlin Road and Robinson Road. in the extraterritorial jurisdiction of the City of Denton, Texas. The zoning at the time of annexation will be Agricultural (A). (A•91, Kirby Tract) BACKGROUND The petitioner is also the owner of Wheeler Ridge, located to the west and adjacent to the subject property, They are currently analyzing potential zoning scenarios. At this time they anticipate zoning the entire tract single-family residential. The final toning and land use configuration is somewhat dependent on the final alignment for F.M. 2499 (see Attachment 8). The final alignment may provide an opportunity for neighborhood services, a day care center or an assisted living facility. Floodplain issues might also provide a reason for use other than single-family residential. The site Is in the Extraterritorial Jurisdiction (ETJ) of the City of Denton. Although an application for platting has not been submitted, if platted prior to annexation the proposed development would be exempt from the park development fees of the Park dedication Ordinance, because it is located in the ET,. If it were withln the City, park development fees (5291 per residential lot and/or unit) would be collected when building permits were issued. In accordance with the City's annexation policy plan, approved in June 1993, the City will "assess on a case by case basis the annexation of areas in the ETJ when significant developments are proposed". A preliminary annexation Service Plan has been prepared for City Council and public review during the annexation process (see Attachment 6). The capacity of infrastructure such as water, waste walcr, streets and electric service and services such as police, fire, recreation, and general government are evaluated with respect to the proposed annexation. PRIOR ACTIONIREVIEW (Councll. Boards. Commissions) July 27, 1999 • City Council instilute annexation proceedings FISCAL INFORMATION None at this time. J, -r ~ 1 c , ESTIMATED PRO r CT SCH DU F This is the first of tv,o public hearings to be conducted by the City Council concerning this annexation, The schedule for public hearings is consistent with the requirements of State law. (see Attachment 4). PLANNING ANDMNING ILCOMMFINDATION The Planning and Zoning Corru Ission will hold a public hearing and consider making a recommendation to the City Council regarding the proposed annexation and zoning on Wednesday August 11, 1999. ATTACHMEN7C I . Location Map 2, Vicinity Map 3. Zoning Map 4. Annexation Schedule S. Utilities Map 6. Service Plan, 7. 500 Foot Notice Map 8, Denton Mobility Map Respectfully submitted: Mark Donaldson Prepared by: Assistant Director of Planning and Development a uhha--- Development Review Manager w: A t 2. r is Attachment 1 NORTH A-91 (KIRBY TRACT) I 4 _I o 0 LOCATION MAP l,r i Agenda Dato: Aug, 3, 1999 Seale: None i Attachment NORTH A-91 (KIRBY TRACT) ® f r 1 I~ r ~ ~ Ol►,MONT I ~ VICINITY MAP Agenda Dots: Aug. 3, 1999 8afd, None t i I I 4J I I i I i i Attachment 3 I A-91 (KIRBY TRACT) NORTH C ~ `~n zr H i . -01 Aj R !f•1(cj ~aasaa r I PD•111 01KMONT C ~e ZONING MAP Agenda Dale: Aug. 3, 1999 Scale: None 5. J t f Attachment 4 A-91 (Kirby Tract) ANNEXATION SCHEDULE July 8, 1999 Staff receives annexation petition. July 27, 1999 City Council receives a preliminary assessment, gives direction to staff and considers approval of a schedule for public hearings regarding the proposed annexation. o Preb ninary Annexation Assessment prepared. ❑ Annexation Schedule prepared. July 24, 1999 Notice published in Denton Record-Chronide for first public hearing, o Annexation Study prepared and available for public review. ❑ Sen4ce Plan prepared and available for public review. August 1, 1999 Notice published in Denton Record-Chronide for Planning and Zoning Commission public hearing. August 3, 1999 City Council conducts first public hearing. Public notice must be no less than 10 days and no more than 20 days before public hearing. August 7, 1999 Notice published in Denton Record-Chronide for second City Council public hearing. August 11, 1999 Pianning and Zonlrg 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. August 17, 1999 City Council conducts second public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing. September 7, 1999 City Council by a four-fifths vote Institutes annexation proceedings. First reading of annexation ordinance. Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing. September 19, 1999 Publication of annexation ordinance in Denton Record-Chronide. October 19, 1999 City Council by a four-fifths vote takes final action. Second reading I r` and adoption of the annexation ordinance. City Council considers approval of zoning request. • Council action must be more than 30 d;zys after publication of ordinance and less than 90 days after council Institutes annexation proceedings. 6. Attachment 5 NORTH A-91 (KIRBY TRACT) y En r OT 'SITE OAKMONT • EXISTING UTILITIES MAP • Hydrants • Water Line (W. L.) • Sewer Line (S. L.) JJi 1 Agenda Date; Aug. 3, 1999 Scale: None i c ATTACHMENT 6 ANNEXATION SERVICE PLAN CASE NUMBER: A-91 (Kirby Tract) AREA: 45.21 acres LOCATION: Southeast comer of Nowlin Road and Robinson Road. in the extraterritorial jurisdiction 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 functions, will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. B. Fire Protection 1. Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days efter the effective date of the annexation using existing personnel and equipment. C. Solid Waste Collection 1. Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. D. WaterM'astewarer Facilities 1, Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. E. Roads and Streets 1. Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. F. Parks and Recreation Facilities 1. Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in the area to be annexed will begin within sixty (601 days after the effective date of the annexation using existing personnel and equipment. However, there are no existing (!Y t parks, playgrounds, swimming pools, and other recreational facilities in the area. 8. u ANNEXATION SERVICE PLAN (A-89) Wheeler Ridge G. Electric Facilities 1. Electric utility service will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. If. Library Services 1. Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. 1. Code Enforcement, Building Inspections and Consumer Health Services 1. Code enforcement, building inspections and consumer health services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. J. Planning tad Development Services 1. Planning and development services will be provided within sixty (0) days after the effective date of the annexation using existing personnel and equipment. The Planning and Development Department currently provides services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision end 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) The overall cost effectiveness of providing a specific facility or improvement. The annexed area will be considered for CIP improvements in the upcoming CIP plan. This property will be considered according to the established guidelines. a . - A' r < I 4. c, Attachment 7 NORTH A-91 (KIRBY TRACT) r Y t SITE I f ~I { r r GAKWNT 1 I C Y 200.500 FOOT NOTICE MAP I~ 4 I I I Agenda Date: Aug. 3, 1999 Scaler None 10. G `l Attachment 8 A-91 (KIRBY TRACT) NORTH i 3 EE r pll • NS ' i i I A Wv/ f4 I~{ r CAKMONr C Y F DENTON MOBILITY PLAN MAP a _ Primary Major Arterials Secondary Major Arterials Agenda Date: Aug. 3, 1999 Scale: None t, I AGENDA INFORMATION SHEET ~ N& r, Deb AGENDA DATE- August 3,1999 DEPARTMENT: Planning Department CM/DCM/ACM: David Htil, 349.835 - Z-99-034, Olympia Creek Court Hold a public hearing and consider approval of a Detailed Plan for Planned Development 129 (PD-129) totaling 15,147 acres, The property is legally described as being 15.147 acres in the S.B.D. and C.R.R. Company Survey (Abstract 186) in the City of Denton, Denton County, Texas. It is located west of S(uart Road, north of Wolflrap Drive, south of Aspen, and east of Lido Alay. The proposal is for twenty-nine (29) single-family detached lots and forty-one (41) duplex lots (totaling 82 units), The Planning and Zoning Commission recommends approval (4-3). RACIUMM The applicant has submitted a Detailed Plan for an existing Planned Development. The properly is cuRently undeveloped. Y The subject property is located in a Planned Development zoning district known as PD-129. A Concept Plan for PD-129 was passed and approved in October of 1987. Previous to this designation, the subject property was zoned Single-Family 7 (SF-7). Y The proposed development is consisten, with most of the policies of the 1988 Denton Development Plan (DDP) as applicable and many of the 1998 Denton Plan (DP) Policies (see Attachment I - Comprehensive Plan Analysis section). Y Seventy-three (73) property owners were no(fled of the zoning request by certified mail. One hundred sixty nine (169) residents were rotified by courtesy mail. Informational signs were placed on the property and two (2) neighborhood meetings were held. Twelve (12) responses have been received; five (5) are in favor and seven (7) are opposed. The opp,)sition received is below ten percent (100/6); therefore, the Twenty- Percent Rule does not apply in this case. Note: Due to the fact that a second Neighborhood Steeling was held on this project after P & Z backup was distributed and consequently revisions were made to the detailed site plan, the Planning and Zoning Commission was given a revised detailed site plan during the meeting of June 9, 1999. Therefore, the detailed site plan in their initial report was not what they approved. They approved the revised detailed tile plan which is included in this backup r (See Attachment 4;. LWDR_ACTIO'Y/R .VIEW The following is a chronology of Z-99-034, commonly known as Olympia Creek Court; Apptication Date - April 20, 1999 i, t~ i DRC Datc(s) -Apri129, 1999, May 20, 1999 P&Z Date -June 9, 1)49 CC Date - July 20, 1999 This public hearing was continued due to a question of whether this Planned Development zoning district is a legal district or has been impacted by past action which would change its cias 'fication. Therefore, the public hearing was continued to allow the City A" for a legal interpretation by F YINATED Yt{" ' CF SCg .D 1 A preliminary and final plat must be submitted and approved with the final plat to be f?M with the county prior to issuance of a building permit. FISCAL INFORMATION Develej.ment of this property will increase the assessed value of the city, county, and school +istrict. It will require no short-term public improvements that are the responsibility of the city. Asa form Of In fill development, no extension of public infrastructure is necessary to service this site. The Planning and Zoning Commission recommends approval Detailed Site Plan as sufrnitled (4.3) of this zoning request per the . OPT-- IO,Y~ 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4, Postpone consideration, , 5. Table item. ATTACIW,~M 1. Planning and Zoning Commission Report, June 9, 1999, Z-99-034. 2. Planning and Zoning Commission minutes from June 9, 1999. 3. Draft Ordinance, 4. Site Plan. 3. Photographs. Rc tfully submitted; Sark Donaldson A Assistant Director of Planning and Prepared by: Development K ryn Ni en, P annex I 2. t c ATTACHMENT Ap * Na PLANNING AND ZONING COMMISSION o '"`n STAFF REPORT Sublact: Olympia Creek Court Detailed Plan Casa Number: Z-99-034 E I Staff: Kathryn Nilssen Agenda Dote: June 9, 1999 Hold a public hearing and consider making a recommendation to the City Council concerning the detailed plan for Planned Development (PD-129) encompassing 15.147 acres. The detailed plan proposal is for twenty-six (26) single-family detached lots and forty-four (44) single-family attached lots totaling eighty-eight (88) units. LOCATION MAP .F , Location: West of Stuart Road, north of Woiftrap Drive, south of Aspen, and east of Lido Way. Size: 15.147 acres r A FleiWme ~ I c c. Applicant: Owner: Greg Edwards Trans-Atlas Financial, Inc. Greg Edwards Engineering Services, Inc. P.O. Box 800828 300 N. Carroll Blvd., Suite D Dallas, Texas 75240 Denton, Texas 76201 OUR Planned development zoning districts (PD) are Intended to provide for the development ofland as an Integral unit for single or mixed use In accordance with a plan that may very 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 compabblity of land uses, to allow :or 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; Incrsaaed recreation, common or open space for private or public use; berms, greenbelts, tress, 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; I (2) Protects or preserves topographical features, such as trees, creeks, ponds, floodplalns, slopes or hills: or (3) Protects or preserves existing historical buildings, structures, features or places. There are three (3) types of plans that may be used In the planned development process; concept plan, development plan and detailed plan. CONCEPT PLAN - This plan Is Intended to be the first step in the PD process for larger or kx~g tens developments. It establishes the most general guidelines, Identifying the land use types, approximate thoroughfare locations within the boundaries of the district. DEVELOPMENT PLAN • Thls plan is Intended to to used most often as a second step in the PD process. It includes the some Information that b provided on the concept plan, plus details as to the specific land uses and their boundaries. DETAILED PLAN - Thts plan is the final step In the process and is required prior to any development. For smaller tracts or where final development plans are othenMse known prior to rezoning, the detailed plan may be used to establish the district and be the only required plan In the planned development process. It will contain information specific to the site. All detailed plans should be In substantial ccmpiiance 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 benefds that merit deviation from those regulations. r~(enaroe 4. , The developer is requesting approval of a detailed plan for this 16.147 acre she. This site was rezoned to a Planned development dlstrtd (PI3 429) In October 1987. Prior to the approval of the PD, the zoning for the site was single-family-7 (SF-7) established In 1969. A concept plan was approved at the time of the PD approval (See Enclosure 2). The proposed detailed plan would, in essence, be replacing the concept plan. Differences between the plans include the following; 1. Concept plan calls for forty-slot (46) duplex units and fifty-two (52) four-plex units. Detailed plan proposal calls for eighty-etght (86) singly family-attached units. Single-family residences remains the same at twenty-six (26). Therefore, the density is reduced from 124 units to 114 units. 2. Concept plan tails for a private aley to be built to provide access to parking for the tour-plexes. Since the proposal does not Include four-ptexes, this Is no lodger a requirement. 3. Concept plan established minimum lot sizes as single-family-6500 s.f, with duplexes as 7,600 s.f. The proposal calls for a minimum lot size as 6000 s.f, for all lots (3000 s.f, for each duplex lot if sold Individually). However, a total of ten (10) lots are shown to be 6000 s.f. All others are greater than 6000 s.f. the largest being 11,360 s.f. (Lot 14). 4. The developer has indicated he will comply with the Landscape Ordinance which demands I greater compliance than the concept plan Indicated. 6. The concept plan also calls for a walking path to the Immediate west. This prope-t/ has since been developed and that opportunity no longer exists. 6. Proposed detailed plan calls for a six (6) foot wooden screening fence to be between the abutting single-family residences (to the east and west) and the proposed duplexes, T ' 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within a Low Intensity Area. These areas are Intended to be developed primarily for single family residential development. Vehicular trip generation due to development within Low Intensity Areas is restricted to 60 trips per day per acre in order to balance land use with road capacity. Staff finds the proposed development to be consistent with the policies of the 1988 DDP, however the trips calculated to be generated by this project are slightly higher (19% above) than the trip generation standard for this area. A reduction in the number of proposed lots could possibly satisfy this requirement. (See Enclosure 3). Il 1 1998 Denton Pian Policies Analysis The 1998 Denton Plan (DP) Is to be used In oonjundion 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 4). F name 5. i i 1. Transportation Trip generation t Table 1. Proposed Land Use Trip Generation Land Use Averaije Trip Maximum 5uildout Total Daily Trip Generotlon Gamrstlon Sin le-Famil 9.65 tri da !unit 114 homes 1088 Per 1000 Denton Development Plan Note: Proposed Averaia Trip Gensretions provided by the Institute of Transportation Engtnaers,1001. Tt,e proposed development is 19 % above the allowed capacity Identified in thr. lose Do Mon Development Plan B. Access Access to the development will be from Windsor Drive on the south via Olympia Drive and Stuart Drive on the east vla Wo*sp Drive. 0. Pedestrian Linkages Sidewalks along all public streets are required. 2. Ut;Aties This site has access to existing water and sanitary sewer lines (see Enclosure 6). 3. Drainage and Topography I New development will be required to design and construct a drainage system to city standards, A preliminary drainage study will be required with the submission of s preliminary plat. The study must include calculations of the 100-year storm for all drainage areas on this property and any area that dralns towards this property. The developer must Indicate the method by which the run-off will be carded across the property or stored on the property. 4. Off-Street Parking New development must provide parking according to the regulations of Section 35-301 of the Code of Ordinances, 6. Landscaping This property will have to comply with the new Landscape Code, which requires Mean (16) trees per acre and twenty (20) percent of all surfaces to remain pervious (pientable area). As 8. Environmental Quality Impacts r 01r No negative environmental Impacts have been IdentNied. s t•>t 6. { I October 1987- The subject property was placed In the Planned Development (PD-129) zoning district and land use classification by Ordinance 87-159. The subject property Is not platted and would need to be platted prior to any development. Notice of the zoning request was published In the Denton Record-Chronicle on May 30. 1999. Seventy-three (73) property owners were mailed legal notices on May 26. 1999 and 169 courtesy notices were mailed. Informational signs were placed on the property May 28, 1999. As of this writing, there have been seven (7) responses. Six (6) responses are opposed and one (1) is undecided (See Enclosure 6). A neighborhood meeting was held on June 2, 1999. Eleven people attended the meeting (four (4) being of the above mentioned oppoced and one (1) the undecided). The neighbors expressed j concern over the proposed single family-attached homes abutting the existing single family homes to the west (Lots 31-36). They requested the applicant to consult the de, eloper arts determine If they would be willing to flange those to single-family detached lots. If so, then the screening fence would not be required In that area. The applicant indicated a desire to pick up Oose single family-attached homes to the east by changing tots 5, 6, 7 to single i?mlly-attached. This would mean twenty-nine (29) single-family detached and forty-one (41) single-family attached totaling eighty-two (82) units or 111 total units which Is three (3) less than original proposal and thirteen (13) less than the concept plan. Another neighborhood meeting Is scheduled for Monday, June 7, 1999. The Commission will be provided with the outcome of the second meeting during the public hearing (See Enclosure 7). Staff finds the proposal to be consistent with the surrounding land uses as there are existing multi- family, single family-attachod, and sinryle family detached residences in the area. The detailed plan is also proposing lose density than Via original concept plan. The development of this property can be considered Infifl development with existing Infrastructure already In place. However, the developer would be responsible for any public Improvements required at the time of platting. Staff finds the proposal consistent with both the 1988 DDP and 1998 Denton Policies as well as the Growth Management Strategy. As previously mentioned, trip Intensity standards are somewhat higher than what is allowed. When considering the neighborhood concerns, by changing Lots 14 and 31.36 to single-family detached lots, it Is posslbie the neighborhood would be more receptive to this configuration than what Is being proposed. This would alleviate the need for the screening fences and also reduce the number of trips generated. Rearm 7. i I I, Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend dental. 4. Postpone consideration. b. Table Hem. 1. Vicinity Map. 2. Concept Plan. 3. 4888 DDP Matrix. 4. 1888 Denton Plan Policies Matrix. 5. Utility Map. 8. 200-500 Foot Property Owner NotiAcation Map. 7. Neighborhood Meeting Notice and Attendance Record. 8. Zoning Map. 0. Site Plans. } r s. w t, ENCLOSURE I Z-99-034 (Olympia Crook Court) NORTH SITE 1 7 1y1r~,~ [ µAy I. ILL w6w I VICINITY MAP Agenda Datb: Jun* $I lm ScMc None 'g Y ~ .19801, ( , ENCLOSURE 2 NO. AN ORDINANCE AMENDING THE ZONING MAP OF THE CITY OF DENTONs TEXAS AS SAME WAS ADOPTED'AS AN APPENDIX TO THE CODE OF ORDINANCES U THE CITY OF DENTON, TEXAS, BY ORDINANCE NO. 69-1, AS AMENDED, AND AS SAID MAP APPLIES TO 15.1 ACRES OF LAND LOCATED 125 FEET WEST OF, STUART ROAD AND APPROXIMATELY 700 FEET NORTH OF WINDSOR DRIVE, AS IS MORE PARTICULARLY DESCRIBED HEREIN[ TO PROVIDE FOR A CHANGE IN ZONING. CLASSIFICATION FROM SINGLE-PAMILY "SF-7" DISTRICT CLASSIFICATION AND USE DESIGNATIONS TO PLANNED DEVELOPMENT "PD" DISTRICT CLASSIFICATIQ!r AND USE DESIGNATION; PROVIDING FOR APPROVAL OF A CONCEPT PLAN FOR SAID DISTRICT, AND PROVIDING FOR AN Li.FELTIVE DATE. THE COUNCIL OF THE CITY OF DENTOA HEREBY ORDAINS: SECTION I. That the zoning classification and use designation of 13.I es of reel property, described In Exhibit "A", attached hereto and incorporated herein by reference, is hereby 'changed from Single-Family "SF-7" District Classification and Use designa- tion to Planned Development "PD" District Classification and use designation under the 'comprehensive zoning ordinance of the City of Denton, Taxes. SECTION 11. That the «concept plan", attached hereto as Exhibit 11 _rj and incorporated herein by reference, is hereby i approved as the concept plan for the district herein established, in accordance with the provisions of article 11 of Appendix B-toning of the Code of Ordinances of the City of Denton, Texas. SECTION 111. The Zoning Map of the City of Denton, Texas, adop e e day of January, 19690 as an Appendix to the Code of Ordinances of the City of Denton, Texas under Ordinance No. 69-11 as amended, is hereby amended to show ouch thane in District Classification and Use subject to the above conditions and specifications. SECTION IV. That the City Council of the City of Denton, Texas, e'T r~y"Find9 that such change la in accordance with a comprehensive plan for the purpose of promoting the general welfare of the City of Denton, Texas, and with reasonable consideration, among other things for the character of the district and for its peculiar suitability for particular uses, and with a view to conserving the value of the buildings, protecting human lives, and encouraging the most appropriate uses ~4. i of land for the maximum benefit to the City of Dentop, Texas, and its citizens. i 10. G i ` t SECTION V. That this ordinance shall become effective lane -&FeTy upon its passage and approval. PASSED AND•APPROVED this theC/t,404day of Q , 19176 A7C~ ~ I ATTESTt J APPROVED AS TO LEGAL FORMS DEBRA ADAMI DRAYOVITCHj CITY ATTORNEY BY t i / Imo; C- t 11, AGE 1 1 Wish { EXHIBIT 'H` CONCEPT PLAN FOR OLYKPIA CREEK COURT ADDITION, CONSISTIFIO OF's 1. Conceptual site Plan (1 pager and 2. Design statement (7 pages). 1 12. ' r i I i ,~1~ 1 Kter. I f I[1 f '1 r ~ h 1 r ~ y'~~ , w L; • Y Y YIY.1 1 .1 I,1 1.1 L,I 111 i'wi 1 L~ I 1 m QE I s,l l ~ ~ zone OWM EMIT OF A Yw Y,wwnlrrrrw.~wY.Itl.Y OLW7A CREEK M ADr- 1 ! L'!"L.Y'ffi'L"1.'t .'Cti I.... , 1 • I 0417 AG M Nt MV 1 COX" OF KIII , Jr ~ ~YrYyW Mlyrwll M w~r,rywrY YYr t A M1wu.r ..a M~.~r M.Ylr•wrY•Yr11. 1.1/Y,A. 1 I y /~~r~. '1 r. ~,~"L : Yrr .Y . r A+1. Y w J11 IF.. MVIDICR JONT VENTURE a~w wyr nl.l .r a Y'. rr ~.nr~, M ~ ..J. IMM OILW ~r WLLIj• ,L~,Y YM ,rw lC.rrrr r YtY•n!I 1 }Ilb • 1;11 ♦ MnY••rM MAIM wYK L { G { N A. I.. ti wYlwy,~rMyYY rYrlIr~~w •J:rw,»twi7lrlN Ylf~r {.rlu ~f/4r r IL II'•1rry GiN Y.MYIM LY!b "iY &.41 ®{MA ~6 'YrY V Y l ~'Ha e4 ~yw ['y.~ G11 rtr ( 41114 BURKE•ETINEEFRI Ir;''IW Yr•sr.nY w. OM'MT Y or"m fV11K[,H. r CIPIxI ea Cift waalnl pY.T{ ,Als{Y• Ln11 0 1 4 111 4M aalw•n{ i CONCEPT PLAN OLYMPIA CREEK COURT 1. Statement of intents JJ l This is a request for a zoning change from single family (SF-7) to Planned Development (PD). This site Is especially well suited for a well-designed planned development of single family houses, duplexes and four-ptexes which will provide affordable housing for Denton's growing young professional population. This planned development will provide an attractive, pleasant neighborhood with an aesthetically pleasing transition from surrounding development on the south and west sides of the site to the existing single family homes acrose the dral.uge creek on the north olds of the site. The drainage creek provides a natural boundary between this development and the homes across the creek. In order to insure an attractive setting for "Olymplo Creek Court" and the surrounding neighborhood, the developers will Insure e green belt appearance for the drainage creek. t 2. Relation to Conarehensf a Piano This petition seeks a change from the current development outdo which designates the land as a low Density Area. 3. Acreeae and Land Usesi There are 15.147 acres in the site. Next to the zoned four-plexes on the south side of this development 3.476 acres of two story four-plexes are planned. Then the lend use will transition to 6.154 acres of one story duplexes. The remaining 5.517 acres adjacent to the creek on the north will have SF-7 size lots for single family detached homes. 4. Off-site Informationt Shown on tie attached map. 5. ?raffle and Transoortationi As Indicated on the attached map, the petitioners would extend Olymple Drive and build three new residential streets to serve the proposed development. Sidewalks will be provided on the south and west sides of all public streets. A private alley-way will be built. (`ff-street parking will be provided for all i~. buildings. Access to the development would be from Windsor Drive on the South I,,` via Olympia Drive and Stuart Drive on the East via Wolftrap Drive. OLYMPIA CREEK COURT CONCEPT PLAN, Pago I 14. This should generate the normal traffic associated with dolly activitlea of the residents of this neighborhood. The traffic generation formula of the City of Denton yields the following figures 1240 V.T.D. , 6. RtiLde tlal Sub-dlvlsons Sizes and Denstty: This development will provide twenty six (26) one-story detached single-family dwellings, twenty three (23) one-story duplexes, and thirteen 113) two-story four-plexes. Building setbacks, lot coverage, parking requlrem&nts, minimum lot widths, and minimum lot depths will be consistent with City of Denton Zoning Ordinance standards. A private alley wlII provide access to off-street parking for ten of the four-plexes which w111 be bulIt to maximize open space and provide a court-yard atmosphere. In order to be able to market the properties function, beauty, and quality will be Integrated into the entire development. The proposed development will provide twenty-six 126) single family detached units, forty-six (46) dupitx units on twenty-three (23) lots and fifty-two (52) four-plex units on thirteen (13) lots for an overall density of e.2 units for the entire development. Minimum lot sizes are 61500 square feet for detached single-famlly lots, 7,500 square feet for the one-story duplex lots, and 10,000 square feet for the four-plex lots. 5~5~ 6SE€ QWELL(-i DENSITY Single-Family 5.517 26 4.71 Duplexes 6.IS4 46 7.47 far-plexes 3.476 52 14.96 TOTALS 15.147 124 0.20 7. Treeso All existing trees, Including those bordering the waft side of the after will be kept wherever possible. The developers will provide trees and shrubs consistent with the aesthetic designs for the over-all development. S. Walking Paths ~ + Public access will be provided to a walking path along the south side of the creek enabling cttlzens to enjoy a green-belt setting. The path Will provide s 1 1r-~, access to a green-belt area designed as part of the development immediately to the west of Olympia Creek Court. OLYMPIA CREEK C0111tt CONCEPT PLAN, Page 2 15+ c ~I 9. Dr.ainag4t See plat drawings on enclosed W. 10. littlest All electric service will be underground. City of Denton engineers assure the petitioners that water and sewer capacitles are sufficient for this development. Article 1.07 of the City of Denton Sub-Division and Land Development Guide will be met. Mater systems shell be provided with a sufficient number of outlets and shall be of sufficient size to furnish adequate domestic water supply to furnish fire protection to all lots and to conform to the City of Denton Master Meter Plan, the Comprehensive Utility Ordinance of the City of Denton and the Standard Specifications of the City of De'iton. Article 1.00 of the City of Denton Sib-Division and Land Development Guide will be met. Sanitary sewer facilities shall be provided to service the subdivision adquately and Conform to the City of Denton Master Sewer Plan, i Standard Specifications, and the Comprehensive Utility Ordinance of the City of Denton. The developers will provide the appropriate pro rate $Nre of the sanitary sewer lines. fire hydrants will be provided every 600 feet. No fire hydrants will be located within any cul-de-sac. The developers will build concrete slabs to accommodate U.S. postal Service cluster mailboxes. 11. 06eloament Schadulet A. Submission of Detailed Plan.... Minter, 1988 8. Completion of piatting and engineering design. ..Springs 1988 C. Public Improvements construction completed.... Late fall, 1988 D. Completion of four-plea phase.... Sumner, 1989 E. Completion of single-family and duplex construction fall, 1990 ! i Olt OLYMPIA CREEK COURT OONCEPT PLAN, Page 3 16. 1, 1. h ENCLOSURE 3 1888 Denton Development Plan Analysis The e 1988 Denton Development Plan (DDP) shows this Brea !o be within a Low Intensity Area. These areas are Intended to be developed primarily for single family residential develooment Vehicular trip generation due to development within tow Intent-ity Areas Is restricted to 60 trips per day per acre In order to balance land use with road capacity. Staff finds the proposed development to be consistent with the policies and slightly Inconsistent with the trip Intensity standards of the 1988 DDP. The table below provides a summary of the 1988 Denton Development Plan policies spplicable to this project: i Denton Development Plan Policy Analysts Summary Low Intensity Area Development Rating vs. P(Acy POULY COMMENTS t r rna, There area reprnerd MIN" x howrv area Mhn tloe oty. MeedRy. To be oor 00WA wb Ux Abwed Wm*y . 909 tWxm ~a~ fty6oixroent stoOd not "wd b Moabad irdrnsity • 1088 blp ov A Kerafty. so ma eentror. stid property &wdop m t conod Wft 1,800 reef of x e,dog low dmwty restdenUd areas Tro fk Burps. Aem""01d be proAded to ersxe Oat rrwltl hmQ/ or nMFtesllerdlal uses have sores to Ookfti or larger adoAats will no dred 60*0 9 n'Yfi MAdentlal struts. _ x , open ppat4 51AM1OCR flees space, fees vd0 be pail in ku of Part rccatlonal f dOUn and a ersab a parlor Dedubom x an provtd!d Pik k hrOdpWom Into m is x Land Uaa Wwsrty. Non4o*nU and r- m t-Nn-Ay devdop w t b orm"M to x a knW degree H&Kokt sed Housing. Thisram d using may be mrW OW MW M develapnbnh In tM low YtM Uy area au6Jed to randboru. HA SW P Carmmwdar. Any fam of mr&%" AV oomnerdd is atrongy dowwo td kvor room low Ideally eras. x Fkrame 17. smassomp , t I t I ENCLOSURE 4 1898 Denton Plan Policies Analysis The 1998 Denson Plan (DP) Is to be used in conjunction with the 1988 Denton Development Plan In evaluaflng the consistency of proposed development with the long range vision for the city. Staff finds the proposed development to be consistent wlth the policies of the 1998 DP (as applicable). The table below provides a summary of the 1898 Denton Plan Policies applicable to this project; Denton Plan Policy Analysis Summary Development Rating vs, Pollcy CATEGORY POLICY IncordsteM ea~steM TranaporUtlon. CompnmentsDenbm'sW*RangeTh*&44arrPlan, NwMW Aooese I/magemwt PraAkes Waprorfdn+eM cew lxl seef" vAder Promotes pA k Irors"doo W0,& Cont totes to ft DeMan Traits netAWk. Starmwatur Dralnage. Rzterb 100-year Acadpleln etas In sawdanoe wltn Dentes walerlrcd mansgerneM plum x cohfornr to local "&VWW "Aadoru. x ContrW" to reglanal &w tw rodutles, Provides for nah al Aporian wArorvnent sVq fbodplalm L"radesA obsfsndard dralrope gstenu N MI mv. Water and e%*ops and malntalns aom y and prMte wastewater. avrastrtrclure, crates oDOorarrity ra ovenldng water and wastewater fines to rrret hMre deJelopnkM 4eMV Provides reA" of Proposed walte VW wastewater Infrastructure to enam Public safety and fiealth. Aomotes Inn InV venwh over new Irx e,eanswft x Efod to Provides undergrasrd eleo* serm far new re9 enu e d norveddemw dev'elom" x Sand waste. Remotes ethdent amese to an developmad for load waste service 66", x Parka and Ittaeatlon. toates paps and rwea m fadtdles in amordance W"h nx Parks and Reaest w stratepk Plain Enhances parks and weAm appar Atses for residents, x Reserves M" & for parks end open space to ald In riotdplaln mruervaton eRorts, Allows mmdnlnp of parka ~Af» orbs pudk radttles to I adrleve taAtffetlve deMry or pudic feMoes. lesldenCat Qevelopnknt would dedKau lard or fen IM Neu of land x hrr nel¢ boAaoQ Parks r' Envtrtmmental Quotlty. Prarotes preservadon of nabsar resoraces. ' tntegatea erMromK+Aal prdlctlon vACi eaorartsc ~ of grovAlr and oortwrwrritr devekapment Fit ~rrc l tl . c; 1998 Denton Plan Policies Analysis (continued) Denton Plan Pollry AnalyalI Summary Deve4opmart Ratlnp vs, ?ollcy Not CATEGORY POLICY tnmr4MV4 AFObW CwWd" ' Ndxhborlaede nildnbd W ro + and mnmrft Iwo" b &van "a mWt of Ind um V* bmoM mkwIs R tKft wd W*V ndplbOr " . x _ RnnwOr bktde erd pidwtr4n hft V^* end pdwen timdi to nduol wW jw vp x tlouohg. s ftyw * r~+art+ppwl to aMhMO x and plol mqw. x Rswwr0 beuwq Ydudiq eRadob4 bouehp, x tnnsewe IMN }avswq mn*Udln. x o wwoedmm Uwwebq bit end e+gwdrq t eee x Govwrv,iwd. kiberpo+wnrrdallwlat mordkrtlai is povlde Uftn Dwlpa AMUM Mffmo ly # OW" In a mmvo** e memw. N"mm w&AocAvei iw wwo of bolt wWtw " **A 0 wnn ede'>fq Ord m1 11,1 rgo. be x J Rabcte and peeenM co & % v&Asft etr cAwO nd 1 l~hfwlcd MI,W= r lr"new td www" eiwq t" &6 M~ Orwww ft vmvv ati of trove erd x lfublk Imrolow wrt Pravldw n cogmwft hr mk cpheon dudiq the x d y^0 p~ 1 ~ E (Ire, f t ~ filename 19. c • c ENCLOSURE 5 " NORTH ~ r Z-99-034 (Olympia Creak Court) SITE aVtl•'S Y 1~- . EXISTING UTILITIES MAP • Hydrants Water Line (W. L.) Sewer Line (S. L.) a > Agenda Dab: June, 0,19!4 Usle: None Z0. c i i ENCLOSURE 6 NORTH Z-99-034, OI m la Creek SITE 6 yyy ui~ ii,: f Ft news 600 FOOT BUF ER 200 FOOT OFFER 200.500 FOOT NOTICE MAP V Agenda Oats dune go 10" foals: None 21. l t 1 f ENCLOSURE 7 1 5 ij ,J ~(Sl i DETAILED PLAN REQUEST: On June 9, 1999 the Planning and Zoninj Commisslon will hold a public hearing to consider recommending approval to City Council a Deta"ed Plan for Planned Development 129 (PD•129) totaling 15.147 acres. The property is legally described as being 15.147 acres in the B.B.B, and C.R.R. Company Survey (Abstract 166) in the City of Denton, Denton County, Texas. It is loca!ed west of Stuart Road, north of Wolftrap Drive, south of Aspen, and east of Lido Way. The proposal is for twenty-slx (26) single-family detached lots (4.65 acres) and forty-four (44) duplex lots (10.59 acres totaling 88 units). If recommended for approval, City Council will consider the request at its July 20, 1999, meetln . Presently, the applicint'and 6Wnar wish to hold" iI~hborh 1~y'dl~'~nJy.~i. meeting to answer any qudiion• or concerns fi' about this DETAILED.PLA ktQUEST, If'jou;a hell. meeting with them, your, Fi 641ted to attend thlt ho al above date, time rnd pisee,flf Iybu have any queedSn Mesa* I city staff. SPONSORED nY: CITY OF DENTON PLANNING AND DEVELOPMENT DEPARTMENT ` CONTACT: I,ATNRYN NILSSEN, PLANNER I I e.iyMnrFonATrrr;np foc , 22. p 1 I U 1 i 1 1x a lg9q CE- caw yYm NAME 45~too 566-'19,~ 30 LON( ~itc1+1~ Slu.H7 ~O.rr v. (soar say ,e,.~ x~ s4i /yj :bIhj*H% C1 vRc~. 3134 Llan L~A~I 3if3•a9~ q vw~ AMA~ 2U'~,,QJ2..~e .~'G~^~^" 31 d3' v~~•1' ~ ~tJ -G~iPf~ Sm~l 5d~ 6a~boa 3g!- 0l09/ ~o all- 95W 'Op 'goo Ov. ~Af 23. r • , U I ENCLOSURE 8 NORTH 4 2'99-034 OI m is Creek Court SITE I EBI A Y A iipkj" iJR K ar•y PD." PD." P&M ZONING MAP AQonda Data: Juno 9,10" Sul : Nor* 24. c L i ANN _s 0I AWAVA ter- " ~ r ~ 9e NOW emu' `y~ A' ` `T~Sa # 4100 7N WAN NN W. r~ r.r„ra -r-rrrr ~I 1 .wrr ~.wr ~ , r aNNw r rM wrr rrrr •r _ 7 Mr,rr.~r,~r ~~ur~rae~ 1 NOW Na MIM r • , Y. 1M/ S L""«r.. ww.awr w"`r w «wrrrw all, rMrrr NU4 rr ~~w f ■ Iy1~ , r.l~r 101 OtMONt1gN ww 4 ir~Mrrd■ Y. R DR T*S_ U , U ADDENDUM TO REPORT FOR Z49-054 , 1. A second rnelghbwhood meeting was held on Monday June 1, 109. s Because of thle meeting, the appllosnt agreed to a minimum of 70% me" to be used on all rnaln strucium comparable In sppearanoe and quality to the neighborhood to the west e One nelghbor undecided and 3 In opposition changed thetr mind and Indicated they were now !n favor of the projeol. • Having received more nollm since the report we* generated, we now have 6 In favor and 7 opposed. The opposition Is below 10% to th^ TwrMy- Percent rule will not apply. 2. Other poin"afer to stlsched proposed Detailed Plan and pfopoNd changes to notes. • By changing lot oonfiguraNon the trips now generated are 17% over allowed trip generatim a A ten foot pedestrian easement to be dedicated along on the north side of I Lots 8-26. A private access essamant will be provided to Me pedestrian easement. e The screening fence to the west will be renaved due to the change In lot oonfiguretion. 26. ' INowwe5a Y• wool a won PLANNING AND DEVELOPMENT DEPARTMENT ' NEIGRBORROOD MEETING - ,99-84 K EASE SIGN-IN PLEASE PRINT YOUR NAME MAILING ADDRESS PHONE ORGANIZATION SIGNATURE NUMBER (IF ANY) ~cac. ~.Nt 31y3 C100 cjki 51.E 44II 94tV.) GervAW- 3162- UVO 3a 6~y &Am a as~•oro~r )?3'~6,~. J ' N*x 6YIf~.r si+ eMea~.A cr d~.-~+s-~ A 0.0 elf ci N SoS 3R'1-ab~ c m/*, 0-Ace &hft8L Loc.doe. •t'y ~If f baM; r, } i 1 1 i{{ i , 4EINLEa CITE PLAN -NOTES: S;INGLr FAMILY LOT NOTES; 2, PROPOSED LAND USE: DETACHED SINGLE FAMILY LOTS: 29. 1 MINIMUM LOT SIZE: 7,000 Sq.ft. TWO FAMILY DWELLING LOTS: 41 (or 82 UNITS). SEE LOT 2 MINIMUM LOT FRONTAGE AT BUILDING LINE: 60', DESIGNATION DETAIL TO LEFT. SINGLE FAMILY AREA. 5.02 Ac. 3. MINIMUM LOT SIDE YARD SETBACK: 6. SINGLE FAMILY ATTACHED: 6.95 Ac. 4. MINIMUM LOT REAR YARD SETBACK: 10'. ROW: 3.18 Ac. 3. DENSITY: 7.33 UNITS/ACRE TWO FAMILY LOT NOTES (if plotted a$ Separate tole - for gals oS SF-Attached) 11. Ml.N STRUCTURES TO HAVE MINIMUM OF 70% MASONRY F.XTERiOR COMPARABLE IN APPEARANCE AND DUALITY TO 1. MINIMUM LOT SIZE: 3,000 Sq.ft. NEIGHBORHOOD WEST OF SUBJECT PROPERTY. 2. MINIMUM LOT FRONTAGE AT BUILDING LINE: 30. 3. MINIMUM LOT SIDE YARD SETBACK: C' ADJOINING, 12. 10'PEDESTRIAN ESMT.TO BE DEDICATED ON NORTH SIDE OF 5' NON-ADJOINING. LOTS 8-25 BLOCK A. A. MINIMUM LOT REAR YARD SETBACK: 10'. 13. PROVIDE PRIVATE ACCESS ESMT. FROM AZUR DR. TO PEDESTRIAN ESMT. "REMOVE SCREENING WALL TO WEST" t: 1 I 8 ATTACHMENT 2 Pyle 131 t M& aouRnle; okay. I got a D in short}md. 1 two No. 16 is to bold a public beari% and consider 2 I'm carry. How about this? Could you clarify that and 2 rooemmeod4 Approval to city council oomoexoLg the 3 then 1 could say according to Wayne? Is that fair? 3 deWled plan for Planned Development 129 totalling 4 No. Okay, 1'H make a go for It. I move to rooomrneod 4 15.147 saes. It's loafed wed of Stuart And, north s approval of 2.99.033 with the permitted tend tees S of WotNv Drive, south of Aspect, and east of 13do Way. 6 that pemtitted land uses exclude those Speaifi Y 6 The proposal Is for 26 single-ramify detached tau and 7 mentioned In Enclosure 9 with clarification of No. 8, 7 M duplex tou. At this time 1 will the "co the public It Item D, tmiler rental or saki, being that trailer a hearing and Ms. MUM Will provide m with the W 9 MW and mobile home and synonymous and mmufKrured 9 report, if you would, please 10 home sales is permitted. That light on the property to Ms. W1131EN: lbank you, Mr. Chdr. As 11 shall be rkaigred and malnWned so as not to shine on I I mentioned, this Is a 1 S-plas acre sib that Is haled 12 or otherwise disturb surroundng residential property or 12 north of Wotftrap and wed of Stuart, As indicated to 13 to shine and project upwards to vent the diffusion into u my backup I've had two neighborhood meetings, ooc 1 had 14 the night sky. All loafing dock and dumpeter area 14 on Monday night. Tltaofa '.I've given you in addendum 13 stall be screened from view of 1.35 E by solid, opaque is to this report. Ura Jud going to kind onf go through A K=rA which can be fences, walls, or vegetation Id the highlou on bore, Just kind of go over what we've 17 reaching a height of at least six fat above grade. And 17 actually changed, is that any occupied structure shall rot have a mcW l8 This was a oomoept plan that was approved In 19 exterior. to 1987. Previous to that it was Sat zoning. The 20 Ma. R1sHEu second. 20 detailed plan before you tonight is, in esseoa, I I Mk REED: Can I Clarify a meW exterior 21 replacing the coooept plan. On page 3 I've outlined 22 visible from 1.337 22 differeoces between the coooept ptm and the detailed u M.00VAnts: 1 like thaL Visible from 23 plea. I'd Uko to correct No. 3 when the proposal i 14 1.35. 24 calls for it minimum lot sine of 6,000 square fed for 23 MR. RISKEL+ I'll still second It. 25 the Angle-family. Actually, the single-family detached Page 130 Page 132 t m& ENocta rr, H's been moved and I will be A minimum lot sin of 7.000 square feet We 2 seconded to recommend approval with condisiere. Any 2 find the proposal consistent with Um 180 Plan and 1998 3 discussion on the malon7 l have to say I'll be voting 3 plan, u well u tha ontwth Metpememt Strategta, 4 yalnd this one. I'm not puticularly enthralled about 4 However, the trip intensity daedards we 19 percent s the Idea of expanding this And 1 oerWnly don't like S higher then was dlowal in that area d the Ida that at this point it oondd br r:• ceded d Seventy dun property *WWI were mailed 7 canapletcly wound onto Pocktvs Page Read 7berefote, l 7 169 sodoes for this site And 169 0oudety, Wdoes will be vr,U S were milled As mmdooed, the neighborhood meeting was 9 will b In ng addition, nd therite s no aklAtng 9 told on June Ind &W I I people attended that. Most of 9 ' 10 requirements for Mayhlll Road. I don't think this is to their aeoems centaed around the number of duplexes I l appropriate for our entraeee way. Mr, Powell, were you 11 that were thee, the saeeolg, do trots to the wed of 12 going to make a commenti 12 the property. the type of material that was going to be 13 Ma POWELt4 No, sir. 1 was going to ask 13 used to conWuct the homes. The developer Indicated 14 you to expand on yow remarks more so that 1'd 14 flat there would be a possibility of olmgieg the f is understand them better rod you did. Thank you. is sitgle•famlly bona to the west, or attached to the cued 16 Ma LxaEteaEClff, Any othrr discusaion on l6 all the single-family homes and picking up throe lob to l7 the motion? All In favor raise yaw right hand. 17 the east to mike up fa that let omflgundoo change. 13 Opposed same sip. Motion carries, six to one. Is In the addardum you'll we that the 19 Ccmmdaloews, bow about am more baring then a break? 19 developer has agreed to do that making this sit) plan 20 A short one. Would that be good or would you rather do 20 totalling 29 single-family detached lots with 41 or 82 4, 21 It w,0 21 units of single-family Attached Tbey have also agreed 22 MS, oar"M Let's Rd it over with 22 to 70 percent rnimlmwn ragoory exterior comparable In 23 MiL D7t0EtB saw: 7be hearing a the break? 13 appearance and quality to the neighborhood wed of tk 24 MS. OOURDL!~' The wbok eight 24 wbjed property. They have allowed for a 10•foot 23 MIL ENOEtPRWff, AD right. We'll go 0n. is pededriAa statement to be dedicated act de north aide of PLANMNO AND ZONING COMMISSION AM 9,11 , Page 129 • Pop 132 29, t. CoDdooaoItt" Page 133 Per 135 1 riots I *tougb 23, Block A.7bey will provide a private I Ma DWALCO N: IW a duplex 14d have to soots easement from Aar Drive to the pedestrian 2 took that up. a 3 eaxmeot. The minimum lot dee, again, for the dogle• 3 Ms. OAKmL- You can buy toe aide of a 4 family homes, will be 7,000 square root. Minimum lot 4 duplex. 3 aide yard wtbaek will be six red and rear yard setback s MS Owsb e, t know. My sister-in-law 6 wil I be 10 fed. 6 Eves in one In H SSW Park I know. 1 love them. t 1 We bad asked the developer to lmlu & 7 think they're bashful. 1 hYre noWng aµlnd s sovening fenoes in the initial detailed plan to a duplexes if they look like the ens let Highland Park. 9 separate multi-family from single-family to the wed and 9 But I'm just curious about the parking because she ha ■ 10 the est. And dnoe wrt've cbarnged the lots to thew cat, to UMbk time with parking and the whole street is I1 we have removed the screening wall on that side So i I duplexes end no one an find panting. And that's my 12 dW'a badcolly what's come out of the neighborhood 12 concern. 13 mating on Monday night In working way ckady with the l3 Ma. DOt4AlDWN: And even if Qty remain U 14 developer the lest three days and the oelghbonhood. And 14 two-family dwellings, there hu to be two spaces rat 15 I'll t4 Sappy r; answer any questions for your 1& 15 each. I6 have photograpbs. Id m& owwie, so there would be two two err 17 Ma cNOEt a,mm, okay. Mr, Rider. did you 17 garages. I a this is from tit last tiro? Okay. Ms. Ootrdic, is is bra DONAIDSM tmkdag pads, anyway 19 you're from the last time, also? 19 Sti amacte *ankyou. 20 Mt 00UM& No, it's not 1 have a 20 sta. rowsw could somebody explain tome 21 questlom about parking on the single-family attached 31 the difference to Dentoo's ddudtioa of duplex and 22 which you ay are duplexes, is tMt correct? 1 read on 21 drgte-family attached? Is do* a difference? 23 the detailed site plan mots, No. g, parking minimum two 23 34a DONAt MOM: Dwelling two-family mteurs a 24 spaces off-street per lot. So does tut mot for the 24 detached building having seporde accommodations for anti 23 runily att&dtd, tbrrda one they oru a bave like a 23 occupied by mot more dam two families or by two Page 134 pave 136 1 single garW a just a driveway. Is that whet they're 1 families and trot more than four boaden and lodgers. 2 saying? 2 So a two-family dwellinS could be two tingle-funily 3 Ms. Nasser: rd have to let the &%cloper s attached but It doesn't have to be. It's where due 4 answer that. 4 properly line Is. 3 Ms.0plI ig, is than any regulations or s Mt. POW23l.ta Okay. Maybe If I ask the 6 anything concerning duplexes and parkiry7 6 question differently. In this case, dues the property 7 Ma DONAtzsw.- 'shot's the sine parking 7 lime run down the middle of the structure? I requiranent that we have far slrWe•family detached, s Ma DONAmw: Not yet but ttey wanted to 9 All drglo-family is required to have two off-street 9 preserve that right. The intent loue is to build 10 parking places. io two-family dwellings but they wanted to presence the I I Ms. nova m Put Isn't that a kind or 11 right to come back and subdivide and still be able to 13 you've got mare than you've 0 two families living 12 ICU them off individually. 11 on one lot which is different lion 13 Ma POWELL! So they could be duplex" of It 14 Ma ooNAlr,;w. No, for each twit they would s.4 could ba two-family attached. 13 be required to have two. is Ma DONALDSON: At which time It would 16 Ms. oouaDle, well, here It just says 1s become sin hattly attached. 17 right, but is the duplex owstdaed a unit or U it 17 ML POWI?2.Lt Oct you. 7haA YOU much I a considered two houses attached Is what Pm Ming? It's is Which I just want to kftrjeet, they could become 31000 19 confusing to understand wben you ay duplex. to square foot W. 20 Single-family attached Isn't really a single family, 20 Mrs. DONALIMM: with a zero lot Unt, COMM } ( / 21 It's two famillea living side by side. 2l law. 22 Ma DONA1 bM: If Qey're ultimately 11 MA. POWEL - Right. that's lib way I toad 21 subdivided and sold off as single-family attached 33 that 14 houses, each unit would have to have two puking spaces. 24 MR. BNOBLBRmff; Atka gttattow? 710 u MS.OOUPM& okay. 71ank you. 2S pedestrian emememt, It seems to begin at Lot B cc PL.ANMNO AND ZONINO COMMISSION XJp18 9s 19" Pip 133 - Pop 136 30. V t 1 I Condemoll"o Page 137 Page 139 1 something. I'm assuming there's some other pedestrian I MA Duxuseclrrr. Okay. 1 gum that's my 2 thoratghfan than. Life L .y begin at Lot S. 2 other q'xetion them Is it Lot 7 that begiaa with the t' ) Mt. MWEN: *11 this Is achally - this ) two-family? 4 was a lot of fun. In the rb wet plan It calls for a 4 Ms. N= EN: Yea, air. I through 7. s public scow to a walking path that will 000MA to the S MK. PNom Rmfr: one through 7 and then 13 • E 6 geed apace to the subdivision to the writ. In going 6 and Block C is that all 7 out there and researching all this and with Mr. 7 etas. N mw 7bat will all be the duplex 1 Donaldsoo'a generous patience with we trying to 6 single-family attached. Basically, the ring excluding 1 9 determine how all this came about, we determined that in 9 through 7 will be single-family detached hrAnes. Io ro-72 which is to the west, them 4 an easement between 10 Ma eaoEtsRCelrn Basically, we could have 11 two homes that go to a walking bd age over the channel. I t is 3,000 or a little, in some wet, better. I1 And we believe this was arm t to provide this easement 12 its. NEIMEN: Eighty-two. I) to this develeptr&nt with the aearm nod that the other t ) MX FNOELBREM: Eighty-two 3,000 to 3,500 14 development would have aonx tart of trail and they would 11 square foot W. IS meet up. 1s Mt. MIS9EN: Coned. 16 Since then the land has been Jodirated to 16 Mt ENaELBRECHT; My other questions for 17 the Parks Department and speaking to the Paris 17 staff? II Department today they said that if you an still get the 16 M0. Pmuj if this were built out to the 19 tasekneat for that, we certainly would like that. In 19 maximum assuming these attached buildings were all put 20 their concept plan they called for canstrucdrng trails 20 In to the maximum, would the number of units be more, 21 all along their drataage pattern. And we'rekeeping In 11 kas, or the same u the current zoning? 22 compliance with the concept plan. 22 Ms. NnMEN: The current tuning In place 23 MA DONALDSON: Kathy, an you show them 00 1) right now is 124 units. 24 the map that's up on the saw where the racobeit Is 24 MIL MEW okay. Help me out here. 25 to the weer? 23 MR DomAAL". As proposed It's - Page 138 Page 140 1 MR. ENOELBRECHT: I'm assuming that's why it I MS. MIASSP.N: As proposed it is less. 2 begins behind Lot 8 because beyond that there's 2 MR POWELL Evan if it were molmlad, it's 3 greenbelt and space for the trail and there wisn't 3 still lea. 4 before that? 4 Ms. Nn EN Yes. S Ms. NumEN: Correct Yeah And 019 is S Ma PmLG thank you. 6 all the greenbelt. 'Phis h all open back here and then 6 MR. MELeRECtm Any other questions for 7 it opens up as you go out 7 stem All 4L 'thank you, Ms. Mum. Is a MR. ENOELBREM: And then there's the 1 petitioner or petitioner's repreaedtstive present? If 9 easem al is like on Lot 8 to gci into it? 9 you would give us your mama and address for the record. 10 Ms. NII,S w it will be on Lot 8 because 10 Ma. EDwARm: chairaatt, membert of the I l this widens, it starts to widen out again and On there I1 Ca ntleaion, I'm Gre6 Edwards. Our offices are at $00 I2 is, as you head cost there's a bridge that crosses a 12 North Carroll Boulevard, Suite D but in Denton. I'm a I) culvert. And to keep the eastm,I going down south of 13 civil cagineer representing the Petitioner%on this. 14 the lots would really bring your path out of aligkmkeot. 14 Woolly, our clients went an mod purchased the place 15 So we only requested 8 through 25. IS of property that was mooed, had an approved oaroept plan I6 MR. ENOeLBRECUT: And what I'm saying is I6 on tie prgwt that glowed single-family, two-family, 17 "the essenwrnt to get to It is right term on 8, Is a and far-pies. Basically, they were Interested In is that what that is? is providing single-family add two-family sad asked w to , 19 MS. Nmssm oh, that's what we possibly 19 prepare the zoning ch W request to take the amm that r 20 probably will have them do it the platting tinge because 20 was desWwW for four•plexes, modify the plan, mod ( f 21 there's a drainage easement then, as well, and that 21 turn that from four-pkx rand am dawn to two-family 21 would be a nice buffer between the muld•farnily and the 22 wiled areas. j 23 single-family, But we said we'd work that out at the 23 So when we started out, we wre Ialeod og to 24 plattino stage. But we will have n sooess from Azue 24 basically reduce tie intensity over what was tpproNed on 23 Street to that easement. 2s the approved wooept plan. We have, a Mr. Pnwall had PLANNING AND ZONMO COMMISSION W1,1999 Page 137 • Pape 140 31. 1 i Condeaselttle Page 141 Page 143 1 pointed out, reduced the density from 124 ulu to we t Manager for Choice Homa. The pbot"ho 1 took are of 2 bad initially proposed 114, tow it's down to 111. And 2 our do le-family producer. Tien I have a eomeept for § 3 basically with the property values that am surrounding 3 the attached family product, sl a 4 in the feu-plea area, which is down to this was pretty 4 MR ENOEl9RECRr Might I ask, is that j S well extcoding down to Windsor Drive, we have a $ showing a tole car gars ? f 6 substantial increase in property values, we feel, for 6 Mee JOHNSON. What my understanding was wj 7 the proposed area. 7 had to provide parking for two so we have a single ar I We did moot with the neighbors on a couple I garage on each one, They'd be paired in together. 9 of occasions and appreciated the com=ts that they bad 9 MR ENGEURECHTr Each one of those 10 and the willingness for them to respect the property 10 represents a double-car garage. Is that what you're I I owners concerns and rights In the property. The moor I1 aying7 12 change that we did was basically take these six lots 12 ML JOHNSON: A single-car Do cwb 13 which were initially on the concept plan, I think these 13 particular unit. It's my understanding of the erdmam 14 three lots on the concept plan were for fou-ptex and 14 that you bad to have parking for two area You didn't I5 thaw throe lots were for two-family. We had proposed 13 haws to haves a two-car garage. Am 1 wm%? 16 RU of those six Ids as two-ramily, lots because of the to Ma ENOMAkFCNr; No, no. I'm just trying 17 concerns of the neighborhood, the neighbors in this 17 to visualize, i won't sure what the scale was these. I I UM We changed dim lots to the sr-7 Iota. We did I I MR. JOHN30N: it's kind of hard to tell but 19 have to modify the lot Imes a little bit to meet the 19 It will appear to be a two-car garage when you look at 30 7,000 square foot minimums on ulnae lots and In 20 it but it will be two drgk doors and you'll pair it in 21 exchange, we naked that they allow w to change these 31 the center. Tbat way we an Use one common wall towards 33 three lots which am next to the 100-foot drainage area 22 the back of the two units and the majority of the home 23 across from an existing church that go from two-fudly 23 will be separated by the garage far wind tonnes, 24 to from dngle-family to two-family, banally, 24 ML ENGEI.sREM: So the way this would work 2! Instead of losing nix units by doing that and agmhg 31 is you'd put one In the gunge and one In the driveway Page 142 Page 144 1 that, we would only lose three straits and that's much I and that's bow you'd got space for two. 2 nior^ favorable for us and wn appreciate tiro 2 ML JOWAN. You could actually put two to 3 n0lgi:borhood'a consideration on that 3 the driveway and one in the garage w rally you; world 4 1 think of the people that were at the 4 have parking for more than two cars With the setbacks ! nelghboncoad meetings that were Initially opposed to the ! we have, it would be r7al easy. 6 project, we got some converts in the majority of the 6 MX ENGELAREr' : Itank you. I'm sorry. 430 7 people that showed up at the meetings and understood our 7 shad with your presentation. I plan and understood the existing zoning and what we were I MIL )OWSON: Again, that's what we're going 9 trying to do with the property, art now In favor of the 9 to have there. And the single-family, we've got t o proposal. At the Monday meeting w. had hoped to have a 30 existing seats we've built in Summit Oaks and also in 11 little bit better presentation and an" a few more I I Hickory Creek Hotghts, we've built the same type of 12 questions on the type of housing that was going in. We 12 products there, which are brick, high-quality products 11 agreed to a 70 peroent masonry condition and we have Mr. 13 Ms. OOLUUL, I'm sorry, I did not bar » I 14 Harold Johnson from Choice Homes hem to stow tone 14 had the board going ova my had when y'eU west talking 13 pictures on what the proposed single-family units at 1! about the perking. h's bard to compete with that 16 acing to be at this particular location. So if you Nye to squeaky noise, You said It's a one-air prop for 17 any questions on tin site plan, I'd be glad to answer 17 each I I those or come back and answer those and we have Mr, I I MA )OHNsON: You've got a 25-foot driveway. r 19 Jahnsoa from Choler Homy to show you some pictures and 19 You've got psrldrg for rally two sera and ems In the 20 to clarify the quality of the product that we're 20 garage. % actually you can get three cars en each 21 proposing at this location. 21 site. You have a 009-M garnge and a ow-car gangs on 22 MR ENO EIBRK'3rl'r Ooomdsalotus, any 22 this side. On the front, it would be appear at a 23 quisiCom at this time? 27 two-rase gangs And thew you have driveway com@g out 24 Mrs JOMM: I'm Harold k &m and I live 34 wbera you could park feu more cars. You could perk sex 25 at 7 Faityreen, Trophy Club and I'm the community 21 an In tie entire build[* elute per aide, PL.ANNINO AND ZOMNO COMMISSION NNE 9o 1999 Page 141 • Page 144 , 32. t Condensaltrrr Page 145 Page 141 1 Ms. oouRDta But In order to access the 1 residential street section Is 31 fed wide which 2 ones in the grape, the people bs the drinvoy would 2 basically adorn ror puking on both sides of the road 3 have to pull out and pull Into the street, park the car, 3 and one elm tone down the middle. 4 Id the person to and out. Is that correct? I mean, 4 MS, OlOURDM Neace, this Is what the 50 s Just from a human fedora engineering standpoint, you f foot dots? 6 have to go before you could use the garw. 6 M0. MMON: Right. There's a 50-foot 7 MR.1OHNSON: Right ? right-of-way, then inside of the Wfoot right-of-way, I Ms. OOURDte: Okay. rank you. 6 you've go a 31-foot street which laves a 9.S-W 9 MR ra ELDREM, Commissioners, any other 9 parkway on each dde. 10 questions? It doesn't appear there are. Thank you. Is to Ms.OOURDIE Do you sea any problems with 11 there anyone present who would like to speak in favor of 11 having - stets is where my problem lid is In the very 12 this petition? Anyone pnesesl to speak in favor or the 12 bottom here go shad I'll wait to comment. I'm 13 petition? If you would please give us your name and 13 sorry. All right This is my concern, On the bottom 14 address for the record. 14 of this Is says two-family lots notes, U platted as Is MR. SUNS: My room is Sill Stine. i live 13 separate lots for sale as ap attached, and they give the 16 at 3143 Udo Way. I'd like to thank Kathy Niiasen for 16 Specifics as mloimum lot sift 3,000 square fed, minimum 17 refereeing all this stuff and 1 want to thank the 17 lot frontage, setback 30 fee, blah, blah, blsh. I I developer for agreeing to change the lots. It pretty 1I They're kind of marketing it as single-family homes, 19 much allevisted our concern that we would have 19 like thin to a 3,000 square foot lot and this Is a 5,000 20 single-famity boudng back to dngle-family housing. 1 20 square foot lot but we Just happen to have an adjoining 21 don't know that "10 Appease everybody In our 21 same wall. 22 neighborbood but 1 believe the vast majority of us are 23 My problem lie in the fact that it's being 23 grateful. And because of that 1 personally am In favor 23 marketed as a single-family, home but the City is ssytng 14 of it 1 think the lest of the neighborhood will accept 24 this is one wilt and I Wak, in my mind I'm seeing two 25 it because of the changes that we made and with the is adults with two can in we and two adults with two cars Page 146 Page 148 1 changes that were recommended by staff, I in another sod then, of ceune, you might have a 2 MA ENOEtBRECMr: CommlSsiOWS, any 2 16-yar-old and a I5•yar-old that's just got his brood 3 question? Thank you. Anyone else present wbo would 3 new car and I think the problem with this is, is that we 4 like to speak In favor of the petition? In dull case, 4 don't have enough par" for All of these peopte. And s is there anyone present who would hike to speak in s this is a very dense situation. 1 have nothing against 6 oppositioo? Anyone present to speak in opposit61D? 6 duptezts. Wet, I tldsk, works but wine it rally 7 Seeing 0 opposition, we'll waive the rebuttal. Public 7 bapperdng in a put of town In Dallas, it doesn't work I heartng is closed. Ms. Nilsacn, say fad staff I very well because there's lines of ass. People are 9 terms? 9 fighting to pule because they can't get back to dada to m& MlssEN: i just wanted to point out in 10 one-car garage in the back. It just doesn't work. It's it the addendum that we did have one tmdoeided and three in I 1 net a reality situation So my Omocrn 11 the, that we 12 opposition that did ebange their minds and we in favor i 2 Are sot providing wffudant puking for what the 13 of it And that we, having tweived more ammen, we do 13 reality of the situation Ice, which Is two families 14 have five In favor and seven opposed which is less than 14 living with an 401ning wall. It's not one rail, It's 15 10 percent to the 20 percent rule Is sot triggered by I s lwo units with an adjoining wall with two families, we 16 this. Other than that then, staff mommends approval 16 we not providiag parking for there. And I don't know 17 of Z•9")4 with the conditions outlined in the detailed 17 bow to Wye the tituadoo because 1 realize that where it plan Dotes, which we will request "they Incorporate I I Choice Homes has a great reputation of getting everyone n 19 Into the detailed plus on it's way should it go to 19 into a home that needs to be in a home and 1 think A r 20 Carimed. 20 that's wonderful. but Ara we providirp them correct l r. 21 MR. ENOEIPRECKr; Ms. 0= 21 atrilab by saying that a aingla unit, just becnsss it's 22 MS. OOtIRDIfl: A Wfoot right-of-Way, the 22 aingle-family attached rneam two ears for to me, l 23 roeds are, eared, a Wfoot rlght-of•way. How dace 23 man IN two cars fa one family. 1 don't know if that N that work with tmMc and parking in the rod? 24 makes sense of Dot. 25 MR. W CUrreotly our staodud 23 MR. m4 "Iii iff, it basically mans you PLANNI NCI AND ZONING COMMISSION JUNE 9a 1999. Page 145 • Pane 148 33. I CoadeaWItTM Page I49 Pane 151 I have a 16-foot driveway for each unit. 1 MIL EW)LUREoff: I'm In agreemtat with you, 2 ML POWEl1.: we're not defwlA these s the 2 Ma t3ourdk This it W dher way to 10 3,000 equsm 3 structure, the total two-family druatum. Wc'm not 3 foot 104 and we wee lootdng at 4,000 to 5,000 sgtan 4 defmisg those as One unit, an we? We're defining 4 foot Iota which was a teal problem UP at the canes of S those as two units. 5 Stuart Road and imp 288, nd too for away. 6 MR. DONALD S: CarWt b i m Ooh IL. t man, I would love to we 7 MR. POWEI.U 06j. 1 Wnk there was come 7 this kappa. I question 1 tm ENpatBRBerrr: I have a real problem with 9 MX DONALDWN: The only diffcnnwe between + n vtIcularly the large number of them all put In to ow two. family dwelling or one two-family structure and 10 Whether. fa there any otlrs questions for stafft A 3 t two :Ingle family attached is owmerahlp. I I modoo? Comments? Ready for a bmak7 12 MS, cio mE: But you said that a unit lia 12 MR POWEW Commetta. I ve gota sheer, 13 on a you avid that thls is it unit, 13 comment. I was prepared to vole for We beause it was 14 Ms Nttssv: well, it's At lots, but 82 14 fewer units than was allowed fm the previous tonlag, is units. 15 Your comment about 3,000 square foul lots is Interesting 16 M& cote W: Right. 16 and this is diwuWM right, vie m discuss been? I'm 1? MR. ENOELBRECHT: or It could be 82 twits 17 not particularly for a S,ooo square foot lot but what 11 and 82 hots? IS would we have if they were allowed to build 124? 1 19 man, what am 1 missing bee? Is it because they wen t.9 eats NitssEN: Correct 20 Ms. ooURDtE: Right Now, if it wen82 20 four-plexes snot they were om two floors tx something and 23 units and 82 loo these would hat+m to be four garages 14 21 we'd have lea footprint are Of what am 1 atlaloll here? 13 MR. INgEUItEWI well, as 1 see i% that 22 i estate, two garage for each v alt 23 ML ENOELBRECHI: ?b. 21 was a concept pLn a aumbeT of years ago and 1 don't 24 Ms, omiamp: Yes, hccause doesn't It nay 24 know what their plan was, 23 right bere that it shell have two? 25 Me. POWELU well, I don't richer but if Pape 150 Page 152 1 MR. ENOELBUM: Two off-street parking and I they brought to a detailed plan diet met the oonoept 3 the width and the depth of the single driveway allows 2 plan I'm asasmlN we'd have to buy into it. We 3 that Actually. Just two in the driveway, 3 wouldn't .,Wly have a whole tot of choler, would we? 4 MS, OOVWM: But In I ctuslity, those people 4 MR ENOELBIIECKT: well, l think that's a s have to it's not a usable drivew ty, 5 Mutter of opwoo. 6 MA. ENOELBRECNT: yeah, right. Exactly, b Me. POWELU What I'm getdttg at if they 7 Ms. OOURIIIE: In theory it's mot a practical 7 area in with four-plexes like the concept Plan sued S Iituadon. It's like that person is going to have to it for ad, you blow, we wouldn't have 3,000 square foot 9 move their car and they're Just going to park on the 9 anymore aribecause they would be rental a lots, But we'd have Means its a s 1 to sheet because husband or wife gets in there first, they I Would k DOW, or or I 1 get the garage, the other person gets the street. 11 mare people and 1 guess more cos, YOU 12 That's just the way it works. So I'm just eying 1 It ML ENGtUA C f: I think if they woe, E I) think there's a concern and 1 can't vole for that with 13 my be wrag, but if they wan four-unit atnscnses they N that comm. 1 don't know flow you are Soto; to 60 It 14 would require a different parking requirement, pantie; Is but I'm really ^ f we a future problem hsPpeMing. Is lot 16 MR ENOEL9RWO: 1 agrt , Ms. Nilsen, is 16 MR. DONAi17soN: Yeah, they would be feet" 17 there a current detailed plan in plane for this PD? 17 to have Use p&Wt*. It would move loco the apartMant, 1 t Ms. NILSSEN, No. 18 multidarouy and it would be a function of the number of , 19 Mil ENOEL9RPCN7': There is none. So they 19 bedrooms and that maxtmum Would be two per mail but it r 4 20 may be whatever zone but it can't be built because 20 could be one sad a W. A dxelliaS unit is the thbq 1 23 there's not a deaied plan. I mean, there's notionS 21 within which you diva 22 right now that allows for the footprints and Ile: 1o4, 22 MS OANZ&A It's the Par, that peopk five 1 23 et Cetera in Place? We have a concept plan. It in. 24 Ms. NILSSBN: Right. We have a concept 24 MIL POWE1J Not the strtrottae. Look at 25 plan. is these duplexes Just for WkinS ptv oeos Leek at tlsem PLANNING AND ZONING COMMISSION 7UN6 9,1999 Page 149 • Page 152 34, t I Condeaseltt" i" - Pogo 153 Page 155 l as spattrtknls. So each ooe 4 a unit. I help tome. TM& you. 3 ML ENOEURECHT: lt'a take this a Step 3 MA E mwitbCrrrt Ms. Gamer. 3 further because 1 have a little b t or a problem with I Ms. ow EL rd Mw you to look at It from 4 what's been aid entered hero with another ease and this 4 another perspective '[Lae are people out who want to s case, u well. And that Is that because s m of 10,1 S s buy duplexes. They don't watt yard we& '[Ley don't 6 years old was coned at "a, number of units, that was the 6 want a big 10L Yown looking at single people. 7 concept plan. Now, part of a to Is that It allows all 7 You're looklal; at couplet. You're looking at empty warn the normal I testers, just Eke what we were looking at earlier on g sons of configuration and movement away 9 set of rule. And I'm not at all convinced that because 9 the retirement place. Theri we plenty of people out 10 15 years ago you had the concept plan said you'd have 10 there wbo want to buy _ it' a affwdsble and you have to 11 140 units, that today that that still hue to bave 140 11 look at it front dal perspective, also. Not everybody's l3 units. And if it doer, it still bra to have that I2 going to have two can. Very few families are going to 13 detall and we have to say low that deWl has to be. 11 buy a bull ■ duplex, Somebody might even buy both rider 14 And if slat detail Is off an Inch, then It doesn't meet 14 of a duplex, Eve In one aide and rent out the other. IS what we believe to be appropriate and, therefore, I'm 19 rtes what a lot of duplexes are, so you have to look 16 tot at all and, therefore, we would tot haws to 16 at It from all points of view. Thank you. 17 approve it And I'm not at all convinced that because t? MR. ENGELU M Mr. Moreno. I6 someone add 15 years ago you cot put 140 units on it 11 mx t4Q wo-. First. I have a question, Is 19 that today you can put that or leas. 1 great that' 6 my 19 this not a detailed plan? 20 argument. 20 Ms. NumEN; 7bls is a detailed plan. 21 MA PMLU i understand your concern and 21 MA mopwa.. iMs Is a detailed plan. So 1 22 I'm not even &Ating with it. I don't think. Maybe l 23 thought I hard Commissioner Ertgelbrwbt just a few 23 an 1 don't knout. But 3 do underotond you concem 23 minutes ago say that we didn't have a detailed plan, 24 here, What I'm saying though Is If they cum in with a 24 Ms. KwEN: we didn't have ore prior to 23 detailed plen that stet the original tortcepl plan, l far 23 this one. We only had a concept plan In plate. Page 154 Page 156 1 one, would have a hard time voting Do even thought I I MR. MMBKECIr!': Yeah, I wan asking whether 2 didn't like It because they met the IequImments. 2 there was, in fact, a previous detailed plan. 3 MA ENOELBRECHT: what were the 3 MIL MORENO Oh, okay, Ilaving sold that, 1 4 requirements? Because It's a Planted Development 4 agree with Ms. Gsnmr. s there's room than one phase and the final please is the S M. WMEN. I just want to make a point of 6 exact details. I'm M N all and just because 15 6 informadon. Just to let you know, In our straight 7 years ago someone said you could have 130 units or 7 zoning for two-family dwellir4 attached our minimum I whatever the number migM be 124,1 don't think that I square lot rim 112.000 square feet in all aim of au 9 necessarily means that today that detail that when 9 zoning district to actually they're 1,000 square feet 10 the detailed cones In that it has to be 124 or we can't 10 higher than that I I legally deny it I Just don't buy that argument. I I MR. MELBRECHT: Thank you. Any other I3 MA. POWELL: 1 wasn't talking legally so U questions for staff or comments? 13 much as just in good conscience, If they met with _ 13 M& oAwA rd like to make a motion. I'm 14 M3. oANZEIL THs is getting a Unk out of 14 going to recommend approval to rte City Council at is hand. Is detailed plan for Planed Development 129 totalling 16 Mkt POWELU I understand but I'm just t6 15.141 noes with the conditions as proposed by staff. 17 trying to ^ 17 Wall that work? I I MA. wonaREd1T: Well, when you say In good I I MS. NILIlEN: Can I say Incorporated into r 19 collsciew 1 can say that It's my belief that many of 19 the detailed plan? 20 these properties werr :toned simply to get the maximum 20 ML DONALDSON: Ace submitted this evening, / i 21 density possible with no real tiemeodo, cone for 2I Mi oAN2;BR: As submitted with die dAnges 22 configuration or anything else, that the goal was to 22 that staff has presented this evening. 33 maxlmIze the density and flip the land and so 1 don't 23 Ms. NUSM4: Correct 24 feel any great compuncdon to hold to that 34 MIL MORE". 'second. is MIL POWELL: Your conoem have tees a big 2$ MR. EMELBftEOM Its been moved and PLANNINO AND ZONING C011USSION AM 9,1"9 Page 133 • Page 156 jS. I I (,'ppde0l01t~ Page 157 Page 159 I secoWed to reowuncod approval with the coeditioos as I (IRMI TAKEN) A 2 presented by staff this evening. Disc udon on the 2 Mil E? o"Rwff: All right. At this time 3 motion? Ms. Apple. 3 via will moonvene the meeting and continue on with 4 Ms. Attu: I just want to say I' U be 4 Agenda Item No. 17 wbich is add a public baring and s voe'.ng In favor of the motion. Just moeotly, l bed s consider making a mow ee> tsdoo to the City Council 6 iricads that are a couple and they were looking for just 6 regarding amending the oondidons of Orasoce 99.25S as 7 this type of thing. The husband is 111, can't take care 7 it applies to 3517 Teasley I.n>c, which L a 1,9•aae t of a yard r A duplexes traditionally don't have large 6 tract of land to permit an additional two Lad user„ u, yards. 1 eink we nod to offer some diversity In our 9 specifically a veterinarian clinic with no outside runs to (own bxau n everyone L not looking for a bugs house 1o at pens and a nursing lame or residence home for the I I our a large lot and I think we need to appeal to people I I aged, and alter the sign and buffaM cmitiioos. The u across the board, not just ( roe section. 12 property Is localed on the oat side of Teasley Lane I I Mx towau mt. Chairman, 1. too, will vote I S approximately 47S feel south of the Bent Oaks 14 for It because 1 believe some of us white-hatred folks 14 Subdivision. At this time I'll open the public beerlnt. IS would rather have a smaller lot is Mr. Reed will provide the stiff report Sir. 16 MR. ENaELsRECHT: Ms. Oourdie, to Mx. IIEE&. Thank M Chairman Fr>OetbmAt 17 ws. oiouRDm, S, u I mated earlier, I will 17 This case may sound very familiu to the Commiaslom to not be votioq in favor. It's not because I'm 18 Back in April of Us Sew Dove Crcek cama before you 19 andduplex. I think they're r;, AWut. I think i9 for an amendment to the acme conditions odnus the 20 they're neoasmy. But I think we c+ed to face the 20 bufteryard for the live-sae toeing district looted 21 reality of our today's society and our axwamy that mat 21 just to the north of this site. As the vicinity map 22 of us arc a two-family oar people. 13dh the husband and 12 points out, the site L a triWWAN lot Seated on the 23 the We or the couple have ears either to so to school 21 east side of Teasley lane just south of rent 0iy Skive 24 or to work and f think that we are doing a disservice by 24 The property that I'm referring to, which L commonly 2s not providing enough parking for the people that will be 35 known u Dove Creels Ofiloe Park or Office Conditioned Page 159 Page 160 1 using the transportation. So I'll be voting against 1 7,onlrg Ilidrlet No. SS, came beforeyoo p evioualy. 2 Us just fn that reason only. 7 You recommended approval for that to add the 3 MR. EN*ELSKEcim Any other discussltla? Mr. 3 two land uses that the applicant ea Mquesdflv to add to 4 Rishel. 4 this one and to charge the alga previaleoa in iL And 5 MR. mar i feel like we've nm k ro this S we worsted out rather, to grad dealt with the previous 6 type of subdivision before. The streets I'd like to we 6 tequest, exactly haw the sign provisions should be 7 brooder to be able to accommodate for the type of family 7 amended. The sign provision ameedmats arc eaesiment s that wm have today. I we this u something that a sot g with those slightly different based upon the 9 of these will be absentee owners, both sides will be 9 oailigursdoo of this 101. So I'm oot gong into soy to rented out. I think thes'e's a need for this type of to more ektail on that other than the sign reoommends0a 12 bousing, I'd tits to we it developed in a broader I I fa i"I particular one L uiightly diffacct than the I2 spectrwa with regard to more adequate perking, more flow 12 previous one. ?he previous ON bad in Imalor PAL a I I of streets, more on-skoel and off-street puking. I 11 road that wu to be bush or W to be built with the 14 think that we're looking for trouble in what we've got 14 platting of that pro". ?bit one to of a diMmt 15 as a site developed at this point in time. Is confypradon, more shallow and doesn't allow for such a to MR. ENbELBRmai Anyone else? I will be 16 configuration or an impmvemeot to be trade. 17 voting against the motion, u well. Primarily because 17 90 00 pqe S of the Staff report we simply 19 of the parking. I'm not Convinced Us Ee a good way to I i talk about the amendment possibly being that is addition 19 do this. Any other discussion? AL' In favor of the 19 to door signs reformed to the WWM ordimrta that A, 20 motion rain your right hand. Opposed came sign. M applies to Us property, additional signs and 21 MR Rmtmu opposed, 21 rwdsdonl listed below aloud be allowed and we bove 22 MS. OWME: opposed. 22 wail dins, dot one wall slat &Ii be allowed on a 23 MR. E24t tuitsaff! opposed. Motion Carries, 23 building. No wall sign stools be grata than 32 square 24 four to three. A54 Cmasabsioners, let take I five to 24 fed in total nee. Monument sigh, one motrument sign 23 10, If you could be beck in seven, that would be good. IS per lot The previous One was ON monutmnt dpi pie PLANNING AND ZONING COMMISSION RINB Yo 19" Pulse 137 • Pajp 160 36. r'w~*PfWrcn,rom,ndan ATTACKMENT 3 h ORDINANCE A0. AN ORDINANCE OF THE CITY OF DENTON. TEXAS, PROVIDINO FOR AN AMENDMENT TO ORDINANCE 87-159 TO APPROVE A CHANGE IN THE CONCEPT PLAN BY ADOPTING A DETAI! ED PLAN FOR 15.1 ACRES OF LAND WITHIN PLANNED DEVELOPMENT DISTRICT ONE HUNDRED TWENTY NINE (PD 129) LEGALLY DESCRIBED AS BEING 15.147 ACRES IN THE B.B.B. AND C.R.R. COMPANY SURVEY (ABSTRACT 186) IN THE CITY OF DENTON, DENPON COUNTY, TEXAS, LOCATED WEST OF STUART ROAD, NORTH OF WOLFTRAP DRIVE, SOUTH OF ASPEN, AND EAST OF LIDO WAY; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99-034) WHEREAS, Greg Edwards, on behalf of Trans-Atlas Financial Inc., has initiated a request for an amendment to an approved concept plan by seeking approval of a detail plan for 15.147 acres within Planned Development District One Hundred Twenty Nine (F'D-129); and WHEREAS, on lone 9,1999, the Planning and Zoning Commission recommended approval of the requested detailed plan and amendment to concept plan; and WHEREAS, the City Council finds that the change in the zoning will be in compliance with the 1988 Denton Development Plan, the 1598 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; 1 SECT10N i. That the detailed plan for IS. 137 acres of land within Planned Development District One Hundred Twenty Nine (PD-129) desenbed in Exhibits "A" and "B", attached hereto and incorporated by reference herein, Is approved, and thereby amending the concept plan approved In Ordinance 87.159. SECt_LMU. That the City's official zoning map is amended to show tho change In zoning district classification. SECTIM. That the provisions of this ordinance v they apply to the 15.127 acres shown in the detailed plan herein approved, shall govem and control over any conflicting provls'on of Ordinance ",1. 87-159, but all the other provisions of Ordinance No. 87.1 S9 not in conflict with such amendment,, fall continue In force and effect and shall apply to the district =1ILl1` I That a copy of this ordinance shall be attached to Ordinanxe No. 87.1590 ~ showing the amendment herein approvr d. I t c SECTION S. That any person violating any provision of this ordinance shall, upon ! conviction, be fined a sum not exceeding 52,000.00. Each day List a provision of this ordinance is 31 t c, t F:L►rMdW.pAL4LW~rPocumntdddiuncaVV9~L99-0N1,e II V Y 1 conviction, be fined a sum not txceWtny S2,000.00. Each day that a provision of 06 ordinanze Is violated shall constitute a separate and distinct offe w. SESM,ON 6 That this ord?aance shall become effective fou>to m (14) drm from the date of its passage, and the City Secrete Is hereby directed to cause the caption of this ordinance to be published Wee in the Denton Record-Chronicle, a daily newspaper published In the City of Denton, Texan; within ten (10) days of the data of its passage. ; PASSEL) AND APPROVED this the day of , 1999. i I I I JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY: 1 APPROVED AS TO LEGAL FORM: HERBERT L. PRO'JTY, CITY ATTORNEY BY: / 14A~L. c Ole \ 3A. i> EXHIBIT,A 13.147 Acre Olympia Creak Court Addition r FIE1,6"WOTES to all that' certain 'tt#ti of-lind Isituaio' in tha a.8.B. a 'd"DaR.R, Company Survey Abotteet Number 166 in the City of Denton, Denton County, Texas and being a part of the called Tract to 15.1366 acre tract described In the Deed from Universal Development Corporation to M. T, Akhavisadsh, Trustee recorded in Volume 2004 Page 760 of the Reel Property Records of Denton County,Texasl the subject tract being more particularly described as followss BEGINNING for the root Westerly Southwest Corner of the tract being described herein at a called iron rod at the moat Westerly Southwest Corner of the sa:d 15.1366 acre tracts THENCE North 00 Degrees 56 Minutes 26 Seconds West with the West line of the sold'traee a distance of 260.94 feet-to a called iron rod for the Northwest Cornet of the said 15.1366 acre tract in the South line of a drainage channel as shown on the plat thereof recorded in Cabinet S.Slide 387 of the Plat Recor • of the said countyl THENCE North 75 Degrees 13 Minutes 19 Seconds East with the South line of the said drainage channel a distance of 592,48 :net to ■ called' iron rod at the beginning of a curve to the right having a radius of 550.52 feats THENCE in a Souttieaeterly direction along the are of the said curve and the South line of the said channel an are distance of 510.14 feat (chord bearing of South 78 Degrees 13'Hinutes 53`Seeonds East distance of 499,08 fait) to a called Iron rod at the end of the said curves ' THENCE South 40 Degrees 22 Minutes 29 Seconds Fiat with the North line of the said 15.1366 acre tract a distance of 101.96 feet to a called iron rods THENCE South 51 Degrees 41 Minutes OS Seconds Cast eogtinutng with the sold North line a distance of 238.44 feet -to, a called iron rod for the Northeast Corner of t'hi'satd 1S. 1366 acre tracts THENCE South 00 ,pegrees 09 Minutes 37 Seconds West with the East line of the said 15,1366 seta tract and the West line,of the Vlllaga Phase I an addition in the City of Denton es shown on the plat thereof recorded In Cabinet 6 Slide 241 of the said Plat Records a distance of 321.)3 feet to a called trim rod at the Southaast CQrnar of the laid 15,1366 acre tract-in the North line of Nolftrsp Drive* THENCE South' 65 Degrees 43 Minutes 22 Seconds West with the North line of the said drive a distance of 24.33 feat to -a called iron rod at the beginoing of a curve to the left having a radius of 316.21 feats THENCE in a Southwesterly direction along the arc of the said curve and the Worth 1lae of the said drive an are distance of 119,50 feat (chord t4artog South 74 Dagreaa 33 A Hiaut41 47 Seconds Vast a d!stdnce 'of 118,79 feet) to a called Iron trod at the most Southetly Southeast Corner of the said 15,1366 acts tract, said Iron rod also being is a curve to the right having a radius of 350,00 tests { THENCE in a Northwesterly direction along the are of the maid curve an are length of 54.84 feet (chord bearing of North 17 Degrees 26 Minutes 49 Seconds Nut a distance of 34.78 tilt) to a called iron rod at the Northeast Corner of the Village Phase 1V am shown on the plat thereof recorded in Cabinet D Slide 55 of the said Plat Raeordss 39. u e Pass 2 THENCE South 66 Naraes 39 Minutes 31 second* Nut`with thr North lino of the said Phase IV and As South, line pf.the, *aid 19..1366, sets tract a diatipco of 42y.~1 fact 'to I'telled•troo i04 -at thr,peat.•Southarlj 8o'uthwut; Comer-9f--thi 'said„15:176E6, sera, `tract 1"., , F THENCE North 01 Dagreas 20 Minutes 29 Seconds Wast with the Nest line of the said 15.1166 acre ttact a distance of 237,10 feet to a called aeon rod It a re-eptrgnt cornet of the said tractl THENCE South 89 Degrees 43 Minutes 19 Ssconds West with the SOWN line of the said tract a distance of 312635 feet to the PLACE Of 39GINNINO and anclosinS 13.147 acres of lend, These field Notes were prepared from record information oaly. .Michael J. Kern R.P.S. No. 4158 D to 86447~d3 ~ 0 ~1ICMA[L J. KERN • G~~•!h4168 04 I r EXHIBIT B I fj + , If 1lil```► S j gg ff l ~ { t I1 ~ 1 ~e~~4 ~ ~ ► ~ Ih I 1 c~, rvr r. rr 4.r I ~ + 1 i I~ Hill ill all . I f OPP 1~, I ' a, ~ u r s f If, ~ ~ It 4{ 411 • ::w ew ' "r 41. 4f,~w. 1 I I I~,~,+i I! ATTACHMENT 4:LESS• 1 1 ~ 1 ~ 111 1` t, • ' Y Il( I ` . r ,I t f~ r y 1 5 11 ~ 1 E ~ itll 1 1 I i~ ~I ,r li~l~, 1 1 I , 1•rrn r 1 1 ~ 1 1 961 Ilaf , • - 1 ,lll,+ r r _ ~ 1 ~ "`-Nf nau t i 1111 1~'t ,!Illti 116111 ~Iti~la a. li ;~1 { - ~ ~ h I • 111 r I ! tl I !I 11 II. I ~ N• 11 ~ , , 1 iti I• I I ~ r ~l.\ r r i `I i'llll IIII~1-1_~„~ lit ill i -tlo t I 's ~ i~ N I M ~ af ' I Olympl, [MIL DI 11% rA E~ r I 21 42. Z-99-034 Fa: ' :~y ...r ~ 'V.. t i4v ~ / ~ Y `n Of f• ~:~1 :a,y.' 1, 41 T vks ~d.T M • i ~ .~.1 (Q~1 `G xis S,Yia i'• ~ ~1. ' L " e 1 y.st Al Photo 1. BALBOA COURT Z-99-034 1. ( K . "Af I Photo 2. LIDO WAY Z-99-034 i r ,s• ,«~-r.;.z..r '~ac'ss-ma'r' y~~] 1~:- ~ Rr 1 e ~'f i I d 1 7 ~4 ~M elf a .i ii is r ~i4 S} t Photo 3. Southeast Corner of Bell and Locust won Z-99-034 II f ~ I i Photo 4, from (if-;wn q(! tiitcii to Olympo Street 4 i k Z-99-034 I b ~ YT ++I IM i i f C~`~ ~r y7 S i I~ MT ) s+ :1 rl Photo 5. Looking west from drainage area. r t, AGENDA 1NFOR.MATION SHEET Apend Jbs ZZ Cdt - 3 - r AGENDA DATE: August 3, 1999 DEPARTMENT: Planning Department ACM: David Hill, 349.8314 SUBJECT -Trinity Meadows (A-84) Hold a public hearing and consider adopting separate ordinances to annex and zone a 75,71 acre tract located on the south side of McKinney Street and directly opposite of Trinity Road, presently in the City of Denton's ETJ. (A-84, Trinity Meadows) A, Consider adopting an ordinance on second reading to involuntarily annex the subject 75.71 acre tract; to approve a servicz plan for the annexed property, to provide a severability clause and to provide for an effective date, This Is the second reading of the, ordinance, The Planning and Zoning Commission recommends approval (7.0). B. Hold a public hearing and consider adopting an ordinance to zone the subject 75.71 acre tract to an Agricultural (A) zoning district. The Planning and Zoning Commission recommends approval (7.0), BACKCiHOUND C.H.M. Park, Inc. Is proposing to develop a 337 (ren(al) lot manufactured home park (MHP) on the subject property. The 80.741 acre site is partially Inside the City of Denton. Approximately 5.031 acres along McKinney Street are inside the city limits, while the remaining 75.71 acres are in the extra-territorial jurisdiction of the city of Denton (see Attachment 3). The proposed MHP is designed to be wholly within the ETJ, providing the city with only subdivision regulation of d c development. 'rhe dcvelope has been prose dng with subdivision procedures, As a development in the ETJ, zoning regulations do not apply. The proposed subdivision design prop ides for lots that do not conform with the mininrim requirements of Chapter 32 of the Code of Ordinance. The development of the Trinity Meadows manufactured home park will require several public improvements. A preliminary list of these improvements Includes: I. Extension of Trinity Road (proposed arterial) along the western property line. 1. Right-of-way dedication along McKinney Street (F,M. 426) and the proposed arterial 3. Sidewalks along McKinney Street (F,M. 426) and the proposed arterial, 4. Extensions of water and sewer lines. 'At S. Storm water drainage improvements, 6, Installation of lire hydrants. 7 Dedication of public utility casements. c i• i f The proposed development if built would be subject to the land dedication potlion of the Park Dedication Ordinance (Ord. 98-039). A fee in lieu of dcfication would be requ'red for the subject property, equal to the pre-development value of 2.33 acres of the tract, during the platting process. The developer would be required to pay the fees at time of release of the final plot. The proposed MHP would be exempt from the park development fees of the Park Dedication Ordinance, because it would be located In the ETJ, if it were within the City, park development fees would be collected during the building permit stage equal to $187 per unit. It it were completely built-out ns proposed, total fees for park development would equal $63,019 (337 units x S187 per lot). In accordance with the City's annexation policy plan, approved in June 1993, the City •,vill "assess on a case by case basis the annexation of areas in th, ET) when significant developments are proposed." An annexation Service Plan has been prepared for City Council and public review during the annexation process (the Service Plan is an exhibit of the annexation ordinance). The capacity of infrastructure such as water, waste water, streets and electric service and services such as police, fire, recreation, and general government are evaluated with respect to the proposed annexation. PRIOR ACTION/REVIM April 6, 1999 - City Council rec,,ived a report, held discussion and provided staff with direction regarding the annexation of the s -bject 75,71 acre tract. April 20,1999 - City Council conducted the first of two public hearings concerning the annexation of the subject 75.71 acre tract, May 110 1999 - City Council conducted the second of two public hearings concerning the annexation of the subject 75,71 acre tract. June 1, 1999 - City Council conducted the first of two readings of the annexation ordinance. I June 9, 1999 - Planning and Zoning Commission recommeded approval of both the annexation (7.0) and the temporary Agricultural (A) zoning district classification and use designation (7.0). July 20, 1999 - City Council postponed the second of two readings of the annexation ordinance and the zoning for the subject property. Y FSTIMATFD PROJECT SCIJEDULE This Is the second of two readings of the ordinance to be conducted by City Council concerning this annexation. The schedule is consistent with the requirements of State law, I hb Is also the required public bearing regarding the zoning ordinance, f ~ FISCAL INEORAIATION None at this time. i d. 2. 1 I 1 P&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval of both the annexation (7-0) and the temporary Agricultural (A) zoning district classification and use designation (7.0). ATTACHMENTS I. Location Map 2. Vicinity Map 3. Zoning Map 4. Utilities Map S. 300 Foot Notice Map 6, Denton Mobility Plan Map 7. Annexation Schedule 8. Draft Ordinance - Annexation 9. Draft Ordinance - Zoning 10. Planning and Zoning Commission Minutes for A-84, June 9, 1999. Respectfully submitted: JAG I ')O%ko 41. !C= Mark Donaldson Assistant Director of Planning and Development Prepared by: sync ec ,Plannerll r 4 j t rep f, w r; Mil gAMi"•. ?u1 Pi r, 1iJl V'h;q 3. c. f ATTACHMENT 1 IA NORTH A•84 (TRINITY MEADOWS) If A 1 IE4 IY Y ~y ~Ff 1 71 O 34dy Shore COMA LOCATION MAP f I Agendo Doto: August 3, 1999 Salo., None 4. r c. i I I ATTACHMENT 2 I NORTH A•84 (TRINITY MEADOWS) RYAN H K i r r .(It ; F' .`,1 III ~ I r iMtNf rIAN r . a ■ VICINITY MAP Agenda Dote: August 3, 1999 Sate: None S, c; ATTACHMENT 3 NORTH A-84 (TRINITY MEADOWS) T-w ~ ` I ~ lppR 1 I 't l = • a w r r { pN t ~ ►o~l ,.I a r ll ds' ~'eL Tf to U u , 1 w ` l { 141 : ''lyc ^ { t I to 16 7k~ I ar r No I 1l I r r 1%` I{ to { VrrrV{ r` Itl r ll 1 -T f rr 1 ~•L.Ir 1 a r`~ a /o I 1 % I ` J 1 ~ ZONING MAP 9cele: None 6, Agonde Oete: August 3. 1999 i 4 1 f 0 I ATTACHMENT 4 NORTH A-84 (TRINITY MEADOWS) ~ t r 1r } tubiR} , ' , i j l ~ Ifs \J 4 1 rr ' if loot • o ORII90M RD ,b Now .Raft ti SITE EXISTING UTILITIES MAP Hydrants Water Line (W. L.) • Sewer Line (S. L.) Agenda Date: August 3, 1M Scale: None 7. l l1 ATTACHMENT 5 A-84 ,TRINITY MEADOWS) NORTH ,d f ~yr + w7. „r bb r Y 6 SITE " K~ 1 COY SUF ~ a° pi~° ny r I *1 rl'f i ♦ ' ate, T ° O FOOTS a 200.500 FOOT NOVICE MAP Agenda Date: August 3, 1999 Scale: None e. I I ATTACHMENT 6 NORTH A-84 (TRINITY MEADOWS) grv i .~°i t~1 3, I 1'~#• ~i 3 .vim::. i ` I < L - rREAM T .X L. t r I ~x DENTON MOBILITY PLAN MAP N Freeways Primary Major Arterials Secondary Major Arterials r Collectors A i Agenda Date: August 3, 1999 Scale: None 9. c, c, ATTACHMENT 7 INVOLUNTARY ANNEXATION SCHEDULE: TRINITY MEADOWS (A$4) RrvLuil.hfy f 9CV Saturday, April I e Notice published In Denton Record-Chronicle for first City Council pub6a hearing concerning annexation. Tuesday, April 201h City Council conducts first public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing. a Annexation Study prepared and available for public review. a Service Plan prepared and available for public review. Saturday, May 1st Notice published In Denton Reoord-Chronide for second City Council public hearing concerning annexation. Sunday, May 2nd Notice published in Denton Record-Chronicle for Planning and Zoning Commission public hearing concerning annexation and proposed zoning. Tuesday, May 11th City Counc;! conducts second public hearing. Public notice must be no less than 10 days and no more than 20 days before public hearing. Tuesday, June 1•t City Council by a four-fifths vote Institutes annexation proceedings. First readingof annexation ordinance. • Action must he more than 20 days after the second public hearing but !ass than 40 days from the first public hearing. Wednesday, June V Planning and Zoning Commission holds a public hearing and considers making a recd emendation to the City Council regarding the propose annexation and proposed zoning. • Public notice must be no less than 10 days before public hearing. Sunday, June 13th Notice published in Denton Record-Chronicle for City Council public hearing concerning ann xation and proposed zoning. Public notice must be no Ibss than 15 days before public hearing. Sunday, June 13'h Publication of annexation ordinance with service plan In Denton Record-Chronicle. Tuesday, July 20th City Council by a four-fifths vote takes final action. Second reading and adoption of the annexation ordinance. City Council considers approval of zoning request. • Council action must be more than 30 days after publicatbn of ordinance and less than 90 days after council Institutes annexation proceedings. I0. I . ~ II J t i r ATTACHMENT 8 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DEMON, TEXAS, ANNEXING 73.71 ACRES OF LAND CONTIGUOUS AND ADIA~ENT TO THE CITY OF DENTON, TEXAS, LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET AND IS DIRECTLY OPPOSITE OF TRINITY ROAD IN T14P COUNTY OF PENTON, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A•84) WHEREAS, the City of Denton wishes to extend its city limits line to annex 73.71 acres of land described herein; and WHEREAS, on June 9, 1999, the Planning and Zoning Commission recommended approval of the petition for annexatio; And WHEREAS, public hearings were held in the Council Chambers oa April 20, 1999, and May 11, 1999, (both days being on or after the 40P day but before the 20°1 day before the date of the institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on June 1,1999; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on June 13, 1999, slier annexation proceedings were Instituted and 30 days prior to City Council taking final action, as required by City Charter; and WHEREAS, he City Council finds that the annexation Nvill be, in compliance with tht 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: it ]i t le ' hat the tract of land described In Exhibit "A", attached hereto and incotpolsfe y t tence, is annexed to the (,dy of Denton, Texas. 0XjLQhW. That the service plan attached as Exhibit "B", and incorporated by reference, which ptovides for the extension of municipal services to the annexed property, is ~f "pproved a part of this ordinance. ,H " Should any part of this ordinance be held illegal for any reason, the holding shall not 6 feet 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 bereby effectively 11. tc~ t annexed to the City. If any part of the real property annexed is already included within the city limits of the City of Denton or within, the,lirnits 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 descn'bed in this ordinance. SECTION N: That thi,i ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ day of ,1999. JACK MILLER; MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. P,R,OUTY,CCIITY ATTORNEY BY: f a 1 y, 4 I 12. 1 I EXHIBIT A A-84 (TRINITY MEADOWS) 76.71 acres ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND LYI'.G AND BEING SITUATED IN THE GIDEON WALKER SURVEY, ABSTRACT No. 1330, DENTON COUNTY, TEXAS, AND BEING PART OF A TRACT OF LAND DESCRIBED IN A DEED TO WELDON BURGOON DATED FEBRUARY 6, 1979, AS RECORDED IN VOLUME 936, PAGE 827, OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCIBED AS FOLLOWS: I, 1 BEGINNING AT A POINT ON THE PRESENT CITY LIMITS LINE AS ESTABLISHED BY ORDINANCE No. 86-129, SAID POINT LYING ON THE EAST LINE OF SAID BURGOON TRACT, 250 PET SOUTHWEST OF AND PARALLEL TO THE CENTERLINE OF FM 426 (McKINNEY STREET); THENCE SOUTH 03° 56' 40" WEST WITH THE EAST LINE OF SAID BURGOON TRACT, A DISTNACE OF 2972.86 FEET TO A POINT FOR CORNER AT THE NORTHERNMOST SOUTHEAST CORNER OF SAID BURGOON TRACT; THENCE SOUTH 580 21' 36" WEST WITH A SOUTH LINE OF SAID BURGOON TRACT, A DISTANCE OF 687.70 FEET TO A POINT FOR CORNER AT THE. SOUTHEAST CORNER OF SAID BURGOON TRACT; THENCE NORTH 86° 40'25" WEST WITH THE SOUTH LINE OF SAID BURGOON TRACT, A DISTANCE OF 355.31 FEET TO A PO'NT FOR CORNER AT THE SOUTHWEST CORNER OF SAID BURGOON TRACT, SAME BEING A CORNER OF THE PRESENT CITY LIMITS AS ESTABLISHED BY SAID ORDINANCE No. 86429; TI4ENCE NORTH 034 40' 45" EAST WITH THE WEST LINE OF SAID BURGOON TRACT, SAME BEING THE PRESENT CITY LIMITS AS ESTABLISHED BY SAID ORDINANCE No. 86.129, A DISTNACE OF 4210.17 FEET TO A POINT FOR CORNER ON THE PRESENT CITY LIMITS LINE AS ESTABLISHED BY SAID ORDINANCE No. 66429, SAID POINT LYING 250 FEET SOUTHWEST OF AND PARALLEL TO THE CENTERLINE OF FM 426; THENCE SOUTH 40° 43' 58" EAST, 250 FEET SOUTHWEST OF AND PARALLEL TO THE CENTERLINE OF FM 426, WITH THE PRESENT CITY LIMITS AS ESTABLISHED BY SAID ORDINANCE No. 86429, A DISTANCE OF 661.57 FEET TO A F'nINT FOR CORNER AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE WITH SAID CURVE TO THE RIGHT, 250 FEET SOUTHWEST OF AND PARALLEL TO THE CENTERLINE OF FM 426, WITH THE PRESENT CITY LIMITS AS ESTABLISHED BY SAID ORDINANCE No. 86.129, HAVING A CENTRAL ANGLE OF 17° 19'07"0 A RADIUS OF 1291.74 FEET, AN ARC LENGTH OF 390.45 FEET, A J. CHORD WHICH BEARS SOUTH 49° 23' 32" EAST, A DISTANCE OF 388.96 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 75.71 AORES OF LAND. 13. ` fL 1 1 I EXHIBIT B a ANNEXATION SERVICE PLAN CASE NUMBER: A-84 (Trinity Meadows) AREA: 75.71 acres LOCATION: On the south side of McKinney Street (F.M. 426), south of Trinity Road.in Denton's extraterritorial jurisdictior. (ETf). Denton, Texas, at the following levels and in accordance with the following schedule:the City of A. Police Protection 1. Police service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. B. Fire Protection datser the 1. Fire protection (within the limits of existinghyde a aP m thergenc e effective medical will be provided to the property within sixty (60) days annexation using existing personnel and equipment. C. Solid Waste Collection 1. Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. D. WalerlWastewater Facilities 1. Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. E. Roads and Streets 1 1. Maintenance of roads and streets, including road and street lighting, in the,area to be annexed will begin within sixty (60) days after the effmtive date of the annexation using existing personnel and equipment. F. Parks sod Recreation Facilities 1. Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. However, there are no existing t'. parks, playgrounds, swimming pools, and other recreational facilities in the area. If 444 JAu 010 Jmlce PhM&W I4. c 1 i. I ANNEXATION SERVICE PLAN (A-84) Trinity Meadows G. Electric Factlides 1. Electric utility service will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. H. L'brery Services 1, Library servia;s will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. I. Code Enforcement, Building Inspections and Consumer Health Services L Code enforcement, building inspections .ad consumer health services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. J. Planning and Development Services 1. Planning and development services will be provided within sixty (60) days after U,.! 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 Ordinanc•4, concerning subdivision and land development regulations. YL Capital Improvements Program (CIP) The CIP of the city is prioritized according to the following guidelines: (1) Provision of Capital Improvements as compared to other areas will be based on , characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of providing a specifc facility or improvement. The annexed area will be considered for CIP improvements In the upcoming CIP plan. This property will b,: considered according to the established guidelines, 10 .IJII,Inr.uilrre Jmkr Pfun. r~nC 15. F c . f I ATTACHMENT 9 r5. ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON. TEXAS, INITIALLY DESIGNATING TO AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 75.71 ACRES OF LAND IN THE CITY OF DENTON, TEXAS, LOCATED ON THE SOUTH SIDE OF MCKINNEY STREET AND DIRECTLY OPPOSITE OF TRINITY ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (A-84, TRINITY MEADOWS) WHEREAS, on April ti, 1999, City Council received a report, held a discussion and then directed staff to proceed with involuntary annexation of the 75.71 acres described herein; and WHEREAS, the property to be annexed requires a zoning &strict classification and use designation upon its annexation; and WHEREAS, on June 9, 1999, the Planning and Zoning Commission recommended approval of the proposed Agricultural (A) zoning district; and WHEREAS, on July 20, 1999, the City of Denton involuntary annexed 75.71 acres of land described herein which was made effective upon its passage; and WHEREAS, the City Council finds that the proposed zoning will be in compliance with the 19E8 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: SOON 1. That the zoning district classification and use designation of the 75.71 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is hereby Agricultural (A) zoning district under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION 2. That the City's official zoning map is amended to show the zoning district classification. SECTION 3. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION 4. That this ordinance shall lecome effective fourteen (14) days from the date r of its passage, and the City Secretary is hereby directed to cause the cap ion 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. 16. ` (S i PASSED AND APPROVED this the day of ,1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS. CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY T4 BY: L-GC ~I a ''(try 17, EXHIBIT A A-84 (TRINITY MEADOWS) 76.71 acres ' I ALL THAT CERTAIN LOT, T R PARCEL OF D LYING AND BEING SITUATED IN THE GIDEON WAI. a SU11 RRRrAl ASST CT No. 1330, DENTON 'COUNTY, TEXAS, AND BEING P T.OF A CT OF LAND DESCRIBED IN A DEED TO WELDO BURGOON, ,~TEU FEBRUARY 6, 19791 AS RECORDED IN VOLUME 936, PAGE 827, OF THEE J~rY~CD RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICUI IL bESCiBED AS FOLLOWS:' BEGINNING AT A POINT ON THE PRESENT CITY LIMITS LINE AS ESTABLISHED BY ORDINANCE No. 86429, SAID POINT LYING ON THE EAST LINE OF SA(b SURGOON TRACT, 250 FEY SOUTHWEST OF AND PARALLEL TO THE CENTERLINE OF FM 426 (MCKINNEY STREET); THENCE SOUTH 03' 56'40" WEST WITH THE EAST LINE OF SAID BURGOON TRACT, A DISTNACE OF 2972.86 FEET TO A POINT FOR CORNER AT THE NORTHERNMOST SOUTHEAST CORNER OF SAIIf SURGOON TRACT; 3 THENCE SOUTH 58' 21' 36" WEST WITH A SOUTH LINE OF SAID BURGOON 3 TRACT, A DISTANCE OF 687.70 FEET TO A POINT FOR CORNER AT THE SOUTHEAST CORNER OF SAID BURGOON TRACT; I THENCE NORTH 86' 40'25" WEST WITH THE SOUTH LINE OF SAID BURGOON TRACT, A DISTANCE OF 355.31 FEET TO A POINT FOR CORNER AT THE SOUTHWEST CORNER OF SAID BURGOON TRACT, SAME BEING A CORNER OF THE PRESENT CITY LIMITS AS ESTABLISHED BY SAID ORDINANCE No. 86429; THENCE NORTH 03' 40' 45" EAST WITH THE WEST LINE OF SAID BURGOON TRACT, SAME BEING THE PRESENT CITY LIMITS AS ESTABLISHED BY SAID ORDINANCE No. 86.129, A DISTNACE OF 4210.17 FEET,TO A POINT FOR CORNER ON THE PRESENT CITY LIMITS LINE AS ESTABLISHED BY SAID ORDINANCE No. 86.129, SAID POINT LYING 250 FEET SOUTHWEST OF AND PARALLEL TO THE CENTERLINE OF FM 426; THENCE SOUTH 40' 43'58" EAST, 250 FEET SOUTHWEST OF AND PARALLEL TO THE CENTERLINE OF FM 426, WITH THE PRESENT CITY LIMITS AS ESTABLISHED BY SAID ORDINANCE No. 86-129, A DISTANCE OF 861.57 FEET TO A POINT FOR CORNER AT THE BEGINNING OF A CURVE TO THE RIGHT; THENCE WITH SAID CURVE TO THE RIGHT, 250 FEET SOUTHWEST OF AND PARALLEL TO THE CENTERLINE OF FM 426, WITH THE PRESENT CITY LIMITS AS ESTABLISHED BY SAID ORDINANCE No. 86429, HAVING A CENTRAL ANGLE OF 17' 19'07", A RADIUS OF 1291.74 FEET, AN ARC LENGTH OF 390.45 FEET, A CHORD WHICH BEARS SOUTH 49'• 23' 32" EAST, A DISTANCE OF 388.96 FEET TO THE POINT OF BEGINNING AND CONTAINING IN ALL 76.71 ACRES OF LAND, • I Planning and Zoning Commission Minutes ATTACHMENT 10 June 9, 1999 d • Page 3 of 8 Section 34.114(6) for perimeter street paving. (V-99all) Motion by Susan Apple and seconded by Sally Rlshel to recommend approval to City Council. 'Discussion of Nom Is Included In Court Reporter's transcript attached to this set of minutes (Page 8). Motion carries 6-2 Carol Ann Ganzer and Bob Powell oooosed. b. Consider approval of the preliminary plat of Lots 1 and 2, Block 1 of the Laramie AddRion. The property is zoned Single-Family 7 (SF-7). The proposed use is two (2) single-family ! residential lots. (PFP-99.087, Laramie Addition, Kathryn Nissan) Motion by Salty Rishel and seconded by Susan Apple to approve. 'Discussion of item is Included In Court Reporter's transcript attached to this set of minutes (Page 18). Motion carries EUBL1C HEARINGS -ZONING CHANGE 10. Hold a public hearing and consider making @ reoommendetlon to City Council regarding the Fry Street Small Area Plan. Motion by Susan Powell and seconded by Carol Ann Ganzer to recommend approval to City Council. 'Olmssion of Rem Is Included In Court Reporter's transcript attached to this set of minutes (Page 23). Motion Cowles 7-0. 11. Hold a public hearing and consider recommending approval to City Council the Involuntary annexation of 80.741 acres and a temporary Agricultural (A) zoning district classification and use designation for such property. The subject property Is located on the south aide of McKinney Street and Is directly opposite of Trinity Road. (A-84, Trinity Meadows, Wayne Reed) Motion by Salty Rishel and seconded by Bob Powell to recommend opprovsl of the annexation to City Council. 'Discussion of item 1s included In Court Reporter's tronecript attached to this set of minutes (Pap 64). M carries 7-0. Motion by Susan Apple and seconded by Bob PmU to moommend approval of the zoning to i City council. 'Discussion of Rem is included In Court Reporter's transcript attached to this set of minutes (Page 78). Motion cables 7-0. 12. Hold a public hearing and consider reoommend wo approval to City Council the Involuntary annexation of 83.76 acres and a temporer/ Agricultural (A) zoning distrtat classifiation and use designation for such property. The subject property b bated on the norttnmast comer of the Loop 288 and Stuart Road Intersection. (A45, Mesqulte Meadows, Wayne Reed) Coudaamolt"` Pepe 61 Page 67 1 ctaktu as to wbat the time frame Is. It thereiny way 1 approved. n 2, we an make comeptlons In tw parking rules so that they 2 Mt RmHEL- they have to become an entity S can @t on with their lives? 2 then? 4 MS. RAGLAND a pert or the plan there Is 4 Ma. RAUANo- Yee. S an implementation worksheet It's Wo ands the back I , S mit. eNmaitecxr. us. (iot><die, did y.W ha,m 6 bellere page 61 or 62. And once the 1 lea has um 6 mother gtkAon? 7 adopted, we hope to pretty mpch stick to those data for 7 Ms. 00miL. No.. it keeps a the dfraent strategies. It goes rrcm 61 ;hrough 68,1 m Mt DMARwff, n11 fight. Any other 9 do bckkve. 9 questlons? Tbae arc none. Thank you. Cbmmiesionen, to Ms. Gotrnmm okay. So do you have may time 10 soy comments ors M06007 1 I frame? I mean, I'm just kind of curious. Is it gohrg I1 Mt MEW W. Chahma0, I move to I2 to take twa weeks to Rd this reoommemdation to the City 12 recommend to City Council approval of the Fry Street I) Council? The City Council says - 17 Small Ara Plm. 14 Ms. RAOLANIY. to terms of the plea itself, 14 Ms, awzm. soooo& 15 we'm testing it next Tuesday for adoption, And then In is m L EIVau twffT Wo been moved and 16 tams of the spocific strategies, l believe the creation 16 socoeded to recommend approval. Any discussion w the 17 of the special district were looldog at starting this 17 "them? is year, hopefully right away. But our expected Is Ms. GWRM- Cm we Just mace sure that - 19 lmple:=tation date Is I M. to oh,1'm sorry. I didn't push my button. 20 Ms. OOmiL. Let me ask you this. Is there 20 Ms. APFIE 1 was just going to we if we 21 may way that these people who want to expand - I know 21 could add a friendly amendment to have that wowooe. 22 that they have to go to the Board of Adjustments end all 21 Mt PmLu Homo to pie, I don't think 21 that staff - being that We Is going to be - if this 22 we need it As 1 understood the explanation, the 24 is accepted, the city council says, Sure, we think this 24 specific recommendations couldn't happen without an 2$ is a gnat Ida, Is there any way they an go before 23 ordinance anyway. A Page 62 Poppe 64 1 with tie intent that this is going to happen and these t Ms. APPLE: Might. Yes were trying to be 2 people could gel an easier variance happening or 2 sere. 3 sometldng like that? 2 Mt ENOEt9AWffl ibe ordinsooe has to wane 4 Mm. RAa AND+ I'm not acre about that 1 4 back to in. S would think that they would We to actually have the s Mt ►owau Yah. i was thlnktng this was 6 ordinmoe established before they could actually go 6 one big ordiwwc, for lack of a better lam. 7 abad. 7 Ma. woR m 2 was just going to say could 8 Ms. 0omter i was just trying to we if 8 we just have the Council review what you've requested to 9 then was a way to wiggle through this Hatt that these 9 mace sure that that's bees reviewed to poi Mle have to go through Thank you. And 1 wont 10 Mt Pow w Fine with me. I I to ay you're doing a really good job. I'm so 11 ML FJr KSKEOM Ali right. Any other' 12 impressed. Alta seeing No for a year now, y'all did 12 discussion? Ali to favce of the motion raise your right I2 gnat is band Motion carries u=Lmoiray. We am going to take 14 MOL MEt KOM: Commisdoous, any othef 14 a I0-minute break at this done. 1S quesdoos? Yes, Mr. Rishch. 0 I6 Mt RMUIa Yes. I we that the putting 1 ENOg Kwi n All right. Ladles and 17 waiving is one of the priority WOO cob you have 17 gentlemen, Cammiedoovs, I'D tdow"ne the meeting d it prioritized thugs to it's a primary recommendation. 1 I8 this lima We'll move oa to Agenda lrum k'fo. l l which r 19 gods what I wont to bar Is what Ms. Ocurdie need was 19 Is to bold a public hearing and oottddef reoommcoding A 20 would all those W ngs, once let Implemented, would 20 epprovel in the (Sty Council die 1mvolttatarlt eonesation l r, r 11 dot become automatic if lmpfem -iladoo is grpraved by 21 of 10.7 a" and m lemp6nry Aprkultural waing 22 City Couocih? 22 clnslllosdoo mod use designation for this peoperly. 21 m& &A0tAND, No, because that's tied to the' 21 The subject property is kaated oo do swdr tide of t 24 Fry Street special d1mrict. As they've mentioned, we'd 14 Mol(imel' Street and is directly oppedte T'rfatty Red 2$ have to write an adimmoe and then It would have to be 2S At this dime I'll open the public besr4 Mr, Reed PLANNING AND ZONING comssm 1f1111iB 9s. 1999 Ptt~e 61- Pate 64 20. Condwseltrrd Pale 65 Pap 67 1 from the Planmtug Departm nt will provide r:s With the I datasnenk The proposed subdMdon design provides for 2. staff report and raWrameodatioo. Sir. 2 lots diet do not.cafarm with &a mialmum tequim,-ats t t sot IBM tbank yon. Chdrmw Evgelmecht s of Chapter 72, the Code of Ordinmoes. Would y'ott and Canmisslooms. Good evening. The annexation before 4 expound oar that Just a NO Thy do not conform in d s yvu tonight Involves 75.71 acres that Is lotntad on the S s1m7 d mouth side or Trinity Road just saves from - excuse 6 MR Arm I cannot bell you right now 7 me, on the South side of McKinney Street just saaa 7 exactly the exact difference betwaa tbelr proposed lots d from Trinity Road The particular property, u the : 6 sad our requirements bud staffs review of the lots when 9 vicinity tap demonstrates, Is just down the reed from 9 the plat Wan proceeding, which hi now It Couple of months 10 the Royal Oaks Wbecl F.stabes Mavuractued Home Park, 10 back dace we've actually reviewed this In the I I from Ryan High School, and Clayton Estates Manufactured t t Development Review Commldae, staff did notice that 12 Home Park It is in the ETl next to our exWng City 0 these are many of the lots were either too narrow or not U limits wbich runs along its western property line. 33 deep enough to accommodate car regulations for a 14 There Is a portion of this property which Is already 14 manufactured home perk. It's not to may all of them are IS Inside the City limits. It's approximately rive acres 15 not to this standard. 16 and It's on the front of this property. We've annexing 16 fine Ewaspeesrr: ibae doesn't seem to be 17 Daly the beck 75.91 acres. IT any other questions al the time. Is the petitioner or 16 We bave postponed the public bea ft for 1 t pedtioma's representative pm=t7 Is there anyone - 19 this particular annexation and the following two public to In the particular can the City is the petidona and 20 beartngs for other annexations due to notice to property 20 to we would have now hard from the ; 41dover. And 1 21 owners for the designation of toning. Staff did do that 21 will ask is there anyone present who would like to apesk 22 and in our read-out we noticed three property owners, 22 In favor of this p docL? Anyone present to spelt in 22 who owm property within 200 fat and are within the City 23 favor of the pe0don? If *would plain give us your 24 limits and vent out one courtesy notice. For the 24 ruanse and &Mal for the retard, budnesm address. 23 particular case we bane received no reaponsea Thee is mL soweuw ties, sir. My name Is Mack Page 66 Page 68 1 arc several public improvements associated with the 1 Powell. My present address 1s 1710 Eaat Highway 720 la 2 annexation or with the proposed development if it was 2 little Elm, Texas, on the east side of the Canty. 1 am 2 to proceed Under City regulations if the property Is 3 a manager of property for Clayton Horne, Incorporated 4 annexed in, a mamufacturod home park would be required 4 which Is In the prooea of W04M a lot of money to s to acquire a specific use permit before it could 5 actually buy this property and then everything got kind 6 proofed With that said, I'd be happy to answer any d of held up. Tonight I'm going to my that we're in 7 questions. 7 favor because we understand that annexation Is not going 11 MR PNOELOREctrr: commisdoom. Mr. 6 to stop. That's why 1 put to my oommeot atd question 9 Powell. 9 mark on favor at against. If =motion to going to 10 ML rowEw I used my button. 1 want you l o cUmdnate mamufactuaed housing In the City limits of t I to ace that, 2I Deotoo, We're definitely against it. Did if amdndvn 12 MR FNOEURWn: 10 bathing here. 1 12 is going to gat OW controls to build Pod evbmmmides. 11 opprectste the use. Ttrere It is. Okay. You're up 11 that manufactured housing crm prow, for the city, 14 bore. Yea, sir. t4 we're definitely In favor of it because we don't build Is M& Powew sir, you said something that is taller puts. 16 confused me a little. You add we're only annexing a 16 The City Council bad adced for information 17 owAla portion and describe that to me spin sod then 117 g abOA*dwdk out do code) W AO is tell me why. 19 MA RUD-. Okay. The property, therds a 19 because they rued for It, we bmugM~'! p r r : , 20 total of 60 ecru in this property. A portion of 1% 20 that you would have an opportunity look 9 because (Al 21 and It's the aliver along McKinney Street Is already 21 some people sn ant fmilliar - what they're used to Is 22 Inside the City limits and that rums about rive saes. 22 the old wobbly boxes, the trailer, the kroado messed 27 1.1L MMEW 7bank ytltl. 22 wM knows what that my Fmdm dw pow up In ) in sp. 24 M0. SHOe.19RECNr, Any other gvatW It 24 And there's differeooa now but also In balms a city, 25 appears not Mr. Reed, to the badVound there was a 2S f acres &fkmm in amalag oemmW3tlem Instead of ; PLANM G AND 7.ONMO COMMISSION JLVH 9.1999 rap 63 • Pop fib 21. CondenseltTM Pip 69 Pigs 71 1 being alum lords. 1 know y'all don't want that and we 1 the an "411100 00 luxe 1st and reoommemdsd approval, IN 4 don't want it either. 2 to one vote. l On this particular property we're talking 3 MR arornsaecta: W. Reed, one question. I 4 about building a premium community. Clayton Estates 4 had a phone all with regard to the Issue of s just right up the road and down is out of our s notification to voluntary annexation. Would you Just 6 properties. We weloome anybody to look at it. i know 6 briefly describe that process? What Is the City's 7 that our si+ustion It with the CouwU, but the main 7 requirement with regard to official Dotiftation? I thing is, is we will be coming back, if I understand the a M0. Reece we14 official notification, the 9 prooeduren. I'm rot an engineer, I'm Dot a 9 State statute does not outline, like it don for zeal* to politktan. I'm easy, guys. I don't know all abn,.t 10 a clear requirement for notice to the property owner, I I this stuff. But 1 do know we're going to ask for a t l Tire t'.ity tbatrgh U mgtAmd to have a service plan, 12 special usage permit because if it is going in the City, 12 which Is more at fetes a binding contract between the t 2 that's fine and then we're going to ask for reasonable I I City end the property owner. The property owner has the 14 requirements to build a community. That's the reason 14 right to request from the City any type of asmemeots in is and the packets are for y'al l. 15 there. The City has to provide hard sot soft services 16 Ms. ENOELBREM; Commissioners, any 16 to soy sea that it annexes. And in an involuntary 17 questions for Mr, Powell? Thank you very much. a soaexatlou procedure we have to provide the soft s &0. POWEU-. Thank )vu. 11 services such as police, fire, and waste pickup within 19 W. Mumma: is there anyone else 19 60 days and some others, as well, Others such as sad 20 present alto would like to speak in favor of this 20 Improvements, swrply of water and waste water lines 21 petition? Anyone else present to speak in favor of the 21 occur when that [toperty would develop and when 22 petition? In that ease, is there anyone present to 22 appropriate l0 sciadanoe with bow other property of 22 speak in opposition to the petition? Anyone prc=t to 22 similar developmtit in the City is also provided those 24 speak in opposition? Since there's Do opposition, the 24 serviom is public herring Is closed. Mr. Reed, any final staff a So the State statute does ad outline a Page 70 Page 72 1 remarks? 1 speck notification process such u oertifed mail to 2 W. REED. Yea. Staff would just like to 2 a property owner but it does require Degotiations, if 2 make two points. The first Is my earlier comments wee 2 necessary, coooerning a service plan. However, we are 4 Dot to imply that the developer did not want to provide 4 also making a motion for zoning so that right there s lots that rwmformed to our regulations but when they s triggeeed staff to do the certified trail to the property 6 Initially tutted their plotting process, there was no 6 owners, the subject property owner, as well u the 7 clear Indi"o0 as to whether or not they would be 7 turrounding properly owners. I annexed. And so thy are prooeeding with guidelines, 1 MR. ENOM.SRSM: Okay. 9 their own g,uidelina for this particular park since we 9 MR. REED: Sorry for the long answer. 10 amot oars lot the dtaign of a manufactured tram park in 10 t.Dt. EMELBRECHT: No, that's fine. 1 Sues l I the En lt>y were simply acting in their Interest i i my question was did this Initially go up just for 12 there. And as the Sepik= just spoke, they'd be happy 12 involuntary annexation without the zoning; titerefor% 33 to comply with ours. 12 the property owner didn't necessarily get notified at 14 The second point is the recommendation flat 14 those In the area? IS staff is fooling for frca the VIUMIng and Zoning IS Mkt REM Right They wale notified 16 Canmlssim tonight is two-fold, A simple reoommeodado0 16 through staff conversations with them. They were 17 either for approval or Dot for approval for the a clearly told of the proposed annexation. Te simply did I I annexation and a second motion for the zoning is tat mail them it letter. So If you want to disdqukh ~ r 6 19 designation. And that could be done separately, 19 between what type of notification they wrote give% we 20 sax. MElBRMff: all right. Commissioners, 20 an tack about that ! 1 ; < 21 any questions for W. Reed? Ms. Octrdie. 21 MA 6NOmaksaff: okay. AU right Fine. 22 w. WJRDte, IS the 2011W deaip&tkD an 22 Any other questions? Thank you. Oh. I'm tarry, Mr. I 23 &UPI 22 MtmeoO. I'm watddq my Sam tonight, folks. 24 mt. uzmD. No, the toning designation would 24 MR MRM.. Nm somewhat confund. Is 21 be Agricultural. City Council did look at this can for 25 mntufac4ured home park allowable in an Agrimdtunl PLANNING AND ZONING C011tMSSIQN AM 911999 Pads 69 • Paget 72 22. F iI I~ . Conda"It"' Page 13 Pro 75 l LOS1og district? ' ' 1 ML TOWSW I have a ca it I've 2 M REM. With a ryoculc use permit. In 2 serooded ■ motion. I'm {vial vote for It 1 Wak it's h. 3 our city limits there are four m0ing &*Icts that 3 t ceded for a lot of ressoaa But I'm here to path you 4 would allow a manufachmod home pack to be locate.) if a 4 that the word on the street, me common cowvt of why s specific w•+ permit is analoed MW would be s the city Is dolag his Is to block the dow1rpmeot, that 6 Agricultural, MP-1, cmw=ctal, and L4M Industrial. 6 tbey're motel it purposely to that they rum block 6e 7 wt Momo. tint the avr request Is not 7 development of any kind of menufac red homes in Denton, , I before to this evesN7 1 Tau. 1 dealt know If it's true. I'm just. tellies/ you 9 MA ItPM ttat Is carat. 9 that that's what everybody &m As and we'll have to am . 10 Met. m4aeumcm: Any other questions? 10 dowo the road whatber it's true or not I bope it's ant I I Thank You. Okay, Commissioners, any comments or a I I bomm I think we do Deed a place for blue collar 13 motion? 1 believe we'll Mod WN one with regard to 11 people to live. We can't all live in $100,000.00 homes. I7 annexation and me with regard to mnl* Mr. RWxL I S And It's about time the Qty aertously Malden really 14 MA RLum What I would like to nuke Is 1 14 atowinl manufactured home developments within the Qty. is motion to approve involuntary annexation of 75.71 acres is With that I'm prepared to vote wbewm everyone else 16 tract located on the south side of McKinney Street and 16 It 17 directly opposite Trinity Road. I don't know how for 17 MR. ExoELORIXIM Any o'ber discussion? I I you wane roe to so Into this. Tuna was 00 motion that IS would just simply ask that when 13d if may one of tbm 19 was previously - 19 eates comes back for mama, the atff would please 20 Mx tNOELBREctfrt I think the quc,•tion would 20 bring the oumbm with regard to the u ber of 21 be that you would want to make a Mcommendatioe for 21 manufactured bomes that are Wrady in aldceot In 23 annexation. 22 Denton and Its Fri. And some of that - I know what 23 Ma KSHE U Involuntary annexation. Thank 23 rve seen thte data within the lad year with regard to. 24 you. 24 relative to 11ds Qty, relative to ottcers In terms of 23 MR. POwEw C Il second it. 2s proportion of the member of housing and I pilot that Page 74 Pop 76 1 MR vansitwff., moved and wooccded N 1 III$ no necessarily fair to tugged flat Denton does 2 recommea s Council proceed with Involuntary annexation. 2 not allow manufactured housing. We have I large 3 Discussion? Mt Apple. 3 proportion of it In Our City and ETI rotative to otter 4 Mt AI'r1E3 I jud have a comment. I'll be 4 cities and I believe that we have boo allowing it in s voting in favor of this. But l would also like to pinta s tin past Any other -4mments7 At in favor of ilia 6 that I would hope that since the Intended use of this If 6 motion please raise your right Mod. Motion carries 7 for a manufactured Man development that that would not 7 unanloously. 9 let lost down the way in the process and that this I Item 12 then is to hold a public hearing 9 annexation would not be used to a mama of disallowing 9 eowMa rowsomeoding - 10 that when that would come before tut. 10 MIL REED One second. I I Mot INoelsitsafr: Any other diseisdon on a MS. OOtJw we need to do the w6W half. 12 the motion? Yes, Ms. Gamer. 12 MIL D*ugRPC3IT: rm sorry. We haw 13 MS. GAM M 00 our Agead+ and oa our backup 13 Motlter Item Yes, dW& you. We have the =4 11 Is there am twe different aims of ameal The Agenda 14 throe A motion with regard to mo ? Is says 60.741 and this says annex of 73.71 saes to the is W. APPLE: ru move to recommend a cooing 16 backup. to elos6ifkatim of agricultural for the previous urn, j 17 M0. FNOEt3aREM I believe that we 17 W023 - 11 correct we if arm wrong. Mr. Reed, were moommendiog it MIL POWELL, eecaad j 19 annexadoo on 7s-plus acres and toning a, 80 aaa, part MR. Rum. K that would be A•64. 20 of its alrady to the City limits. 2) 0. APPLE: A414. Tubb. 21 M3.OAWM- Okay. 21 &a m4OWRSCx'rr Per the entire 80.741 v 22 MA um 7bat world be correct. SarrY for 22 WIN? 23 OAfrs misprint of the ace vale there. 23 MR. REM. so, KNOY - I'm lorry - 24 MS. OANIP,R: All H& ThWk You. 24 75.7 Ag is, already deds"ied. 23 MS ENO"RP,17rrY W. Powell. 25 AMR WOM21 W., ht's on doe five PLANNiNO AND 'IA~t INa ,CONSUSSION ME 9r 1999 , rl 73 • Pale 76 23. 4 COildtlmaellM . -T Pop 77 Page 79 I Okay. Ail 4U. I'm sorry. It's been mcvbd and 18welopmeot plat approved by the Denton County. How •2 seeooded to moommend A6rictdtunl zoning. Any 2 does. thll fit in there? ' 3 discussion on the motion? All In favor raise your right 3 Mk Rem that particular reopow 4 hood Motion carries unanimously. 11h3nk you for 1 given to me today to I haven't read it completely s 5 myself. it Is my understanding In talking V01 Stew 6 Now, la's move on to Item I2, Mud pubL'c 6 Koalas., U Directs of Planning for Denton County, 7 hearing consider tecommendimg approval to the City 7 that after the developer wa to the Development Review 8 Council for the involuntary anwution of 61.7S saes It Committee of the City of Deacon for one review or a 9 and a temporary Agricultural zoning clossifleatiom and 9 preliminary plat, tbey did not proceed wltb platting to use designation. The subject property !:located on the io with us, which ttidy u ldoWsly We to do. Indeed wiart I I northwest corner of loop 288 and the Stuart Road I I they have done I s gone through the Canty to gal the 11 intersection. And, spin, the City L the petitioner in I I County's appro nd In the mind set that once the County 13 this ease so I will open the public hearing and w3'il 13 signs off on It, that they would !ben tome to us and 14 ask Mr. Rood from the Planning Department to provide us 14 shove vestedoaa '!Let's cwt to make any diffaena bore 15 with the staff report, petitioner's report and the staff 15 m Ibae as far as what we're considering toolght. I 16 recommadation ell at one time. 16 believe that's what that right Ilm Is refereadag. 17 Mk Rum. tbamk you The subject property 17 MS. OOU1tDle: 60 4002160 seln that the I8 that we arc now talking about eonoernlrsg annexation and I6 Inteoded use or th4 property would become ooeooofotmlng 19 a motion for designation or an Agrktdwral zoning l9 with the City's Zooing Regulations, dW has no bearing 20 district is located in the north part of town just on 20 bocause it's wo dhTertat entities? 21 the north side or Loop 288 and the wet side or Stuart 21 sn. ItEED. welt, the use would have to Salo 22 Road As the vicinity map demonstrates, 1635 acres of 22 a :pacific use permit. Tbey'd have to apply for one. 23 this property is located inside the City and s.1 zoned 23 Mk ENOt UPWI7: Any other gW660ns, 24 Agricultural at ptesemt The remaining 83.75 acres Is 74 Commissioners. Mr. Reed, this will triW the 20 25 located outside of the City litnlts in the Eel. the is parent rule? PW 78 Page 8' 1 proposed development is to plea a manufactweil home I Mk REM Actually, It does. 2 park on this 83.75 acre that is located outside of the 2 Mk WNA1DWN: from tiro content of the 3 City. 3 letter I'm led to believe that they represent 100 4 The proposed development would require 4 percent or the lend proposed for the rod% so that s several public improvorrents. The City staff dart not s would trigger it. 6 have a dctalled site plan so we cannot provide more 6 MR, eN m aoxcm And tint's with regard to 7 specific inrormation oo wbat those public Improvements 7 the zodq. a would entail nor can is the staff report did we 8 Mk REF. And they would Woo rip esen120 9 indicate wr.t tbet wound man u far as park dediadoo 9 pacemt of the good surrounding the property that's 10 and the park development fen as we did In the previous to whddn tk City limits, as well, since ibere's 16.55 11 one because we had a proposed lot cant I I acres that Is not part of the annex-Ror% as this ?I& 12 In this particular an gaff did notify six 12 bore demonsr a. T w way we would calculate tie 20 13 property owoers wbo were within 200 feet and owned tie 13 percent is everything that's within brig red line and to property inside the City limits. 1 bave handed you the 14 inside tie City limits and evv'ryW1* that's yellow is is rtspoaso from the subject pro, -sty owner and slat is a is mat at ka the land arm in opposition. So It's both Id response expre"I g oppositions. We notified one 16 Ways. 17 supposed resident within 500 feet And, again, staff 17 Mk DWAU*W-. Amexatioo requires to would staff recommeods approval of the anumxodom 18 super-mq~ority anyway. 19 motion here and tkn also staff would rocommeLd approval 19 34k RBFa eight I'm talking about tk r' 4, 20 of the Agricultural zoaing district &aigulloo. I'll 20 mains (r % , r it be happy to answer any questions. 21 31k eNousitsC11Tr okay. There doesn't 22 Mk ENaet9Rr=c3rr, Mo. v3ourdie. 21 appear to be any other questieas at Us time? Thank 23 Ms. t')OURDte: I'm just curious, I've menu 23 you is &M anyone premot who would like to speak In 24 sae Us Wore. It gates that an Agrlcultural zoning 24 favor of this poritim? Anyone present to speak protect to speak to 23 deripstion for ILIs property is oot consistent with the 25 favor of tie pet'iom? In dW are, Is these anyone PLANNING AND ZONING COl !MISSION Jlfi fI3 9.1999 PAV 77 • Pttga 80 2i. i i I AGENDA INFOR-MATiON SHEET AP48No. ~jr1'0 * w ~Qlnd1 lOprtl~ o~=B-:1 AGENDA DATE: August 3, 1999 I DEPARTMENT: Planning Derwrtment ACM: David Hill, 349.83141 ,SUBJEC -Mesquite Meadows (A-85) Hold a public hearing and consider adopting separate ordinances to artnex and zone an 83.75 acre tract located on the northwest corner of Loop 288 end Stuart Road intersection, presently in the city of Demon's ETJ. (A-85, Mesquite Meadows) A. Consider adopting an ordinance on second reading to involuntarily annex the subject 83.75 acre tract; to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. The Planning and Zoning Commission recommends approval (6.1). B. Hold a public hearing and consider adopting an ordinance to cone the subject 83.75 acre tract to mi Agricultural (A) zoning district. The Planning and Zoning Commission recommends approval (6-1). BACKGROUND Leaping Leopard, LTD. is proposing to preliminary plat the subject property as two parcels. Lot 1 is the 16.55 acre parcel located within the city limits. That lot is currently zoned Agriculture (A). Lot 2 is the remaining 83.75 acres located in the E7'J, providing the city with only subdivision regulations within that portion of the subdivision. The proposed manufactured home park (MHP) would be located on this portion of the property, As such, the city would have no control over the land use (zoning) or design standards of the proposed development. Development of Mesquite Meadows MHP will require several public improvements. A preliminary list of these improvements includes; 1. Right-of-way dedication along Stuart Road. 2. Right-of-way dedication for proposed collector road. 3. Orfsite improvements to Stuart Road. 4. Stuart Road will be disconnected from Loop 288 requiring a cul-de-sac. 3. Sidewalks along all street frontages including Loop 288. 6, Extensions of water and sewer lines. 7. Storm water drainage improvements. 8. Installation of fire hydrants A 9. Dcdicalior, of public utility casements. The proposLY, MHP would be subject to the )and dedication portion of the Park Dedication Ordinance (C7d, 9S-039). A fee in lieu of dedication will be required for the subject property, equal to the nre-development value of tract, during the platting process. The developer would be t i required to pay the fees at time of release of the final plat. The proposed MHP would be exempt from the park developmr '.t fees of the Park Dedication Ordinance, becauae it would be located in the ETJ. If it were within the City, park development fees would be collected during the building permit stage equal to $167 per unit. In accordance with the City's annexation policy plan, approved in June 1993, the City will ,.assess on a case by case basis the annexation of areas in the ET) when significant developments are proposed." An annexation Service Plan has been prepared for City Council and publi; review during the annexation prm ,ss (the Service Plan is an exhibit of the annexation rrdinance). The capacity of infrastructure such as water, waste water, streets and electric service and services such as police, fire, recreation, and general government are evaluated with tespect to the proposed annexation. PRIOR ACf1ONIREVIEN' April 6,1999 - City Cout,eil received a report, held discussion and provided staff %ith direction regarding the annexation of the subject 83.75 acre tract. April 20, 1999 - City Council conducted the first of two public hearings concerning the annexation of the subject 83.73 acre tract. May 11, 1999 - City Council conducted the second of two public bearings concerning the annexation of the subject 83.73 acre tract. June I, 1999 - City Council conducted the fast of two readings of the annexation ordinance. June 9, 1999 - Planning and Zoning Commission recommeded approval of both the annexation (6.1, Gourdie opposed) and the temporary Agricultural (A) zoning district classification and use designation annexation (6.1, Gourdie opposed). Jul), 20, 1999 - City Council postponed the second of two readings of the annexation ordinance and the zoning for the subject property. ESTIMATED PROJECT SCHEDULE This is the second of two readhrgs of the ordinance to be conducted by City Council concerning this annexation, The schedule is consistent with the requirements of Slate law. This is also the required public hearing regarding the zoning ordinance. FISCAL. INFORMATION None at this time. ' (Ire < a 2, c ~ P&Z SUGGESTED RECOMMEN Aj TION The Planning and &,aing Commission recommehds approval of both the annexation (6.1. Gourdie opposed) end the temporary Agricultural (A) zoning district classification and use designation (6- 1, G,urdie opposed). A CTACHMM 1. Location Map 2. Vicinity Map 3. Zoning Map 4. Utilities Map S. 500 Foot Notice Map 6. Denton Mobility Plan Map 7. Annexation Schedule & Draft Ordinance - Annexation 9. Draft Ordinance - Zoni nF t O. Planning and Zoning Commission Minutes for A-85, )une 9.1999. Respectfully submitted; ar Donal son Assistant Director of Planning arA Development 1 Prepared by, way-n, ee Planner 11 f, r' ~i 1 ( Vr,9 B.yrri : d Rrniiuy~ Y.o l_yy p;X 3 r ATTACHMENT 1 o NORTH A-E.5 (MESQUITE MEADOWS) fir ,~c r { . . 2 l li c. rY krA +e %fl r F iW LOCATION MAP Agenda Date: August 3, 1999 Seate: None 4. 1 - 1I I 1 I ATTACHMENT 3 NORTH A-85 (MESQUITE MEADOWS) A , , f <hfY~ f y ~L I3iy1 SITE F' a PO 170 - A A 1 A _ _ _ 7b 7f I r1 A r A I ..r PoSI PO// PO 17o - - - ~P-T .T.r-rrr~~ t PO 177 r \ !If 1d\ 7~ A A Iv•TI~1 !ka t PO to 1 v r r rww 1 L ` ~AO~ MAW 41 VkV'f;44 i 4 ZONING MAP r Agenda Data: August 3, 1999 Seelc None 6. t ATTACHMENT / A45 (MESQUITE MEADOWS) NORTH SITE 9 ~ ~r~ar eQ ,ter 8 J Lxr 20 J 3 H EXISTING UTILITIES MAP Hydrants • Water Line (W. L.) • • Sewer Line (S. L.) , r l,r~ r Agenda Dato: August 3, 1999 Scale: None 7. i i ATTACHMENT S NORTH A-85 (MESQUITE MEADOWS) I a~ay7 y~. J. a~ 'Gh'; •~~a r • N kti~. 1 SITE 200.500 FOOT NOTICE MAP t, Agenda Date: August 3,1949 8eetes None 8. ; r ATTACHMENT 6 NORTH A-85 (MESQUITE MEADOWS) i FF- U ~t SITE r. ••••n r.. T LM 4 t a 1~ Ha"CUUS UI A 1. DENTON MOBILITY PLAN MAP , N Freeways Primary Motor Arterlals Secondary Major Arterials Collectors ' A, ~ j Agenda Date: August 3, 1999 4 Scale: None t, f ATTACHMENT 7 INVOLUNTARY ANNEXATION SCHEDULE; MESQUITE MEADOWS (A-85) Saturday, April 1001 public hearing publshed concerning In Denton aR cord-Chronicle for first City Council nexaWri. Tuesday, April 2e City Council conducts frst Zblic h wring, • Public notice mist be no less than 10 days and no more than 20 days before public hearing. a Annexation Study prepared and available for public review. o Service Plan prepared and aveIlebte for publio review. Saturday, May I" Notice published In Denton Record-Chronicle for second City Council public hearing concerning annexation. Sunday, May 2nd Notice published In Denton Record-Chronicle for Planning and Zoning Commission pUbtic hearing concerning annexation and proposed zoning. Tuesday, May 11"' City Council conducts second oublic hearinc. • Public notce must be no less than 10 days and no more than 20 days before public herring. Tuesday, June I" proceedncil by a four-fifths vote Institutes annexation First re idna of annexation ordinance. Action must be more than 20 days after the second public hearing but less than 40 days from the first public hearing, Wednesday, June 91 Planning and Zoning Commission holds a public hearing and considers making a recommendation to the City Council regarding the proposed annexation and proposed zoning. Public notice must be no less than 10 days before public hearing. Sunday, June 131 Notice published In Denton Record-Chronicle for City Council public hearing concerning annexation and proposed zoning, • Public notice must be no leas than 15 days before public hearing. Sunday, June 131 Publication co of annexation ordinance with service plan In Denton Tuesday, July 201 City Council by a four-fifths vote takes final action, fig=d r & o adoption of ri+e annexation "Inam9• City Council considers appro val of zoning request. • Council action must be more then 30 days after publication of ordinance and less than 00 days after council Institutes annexation proceedings. 10 t' ATTACHMENT 8 n ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 83.75 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED ON THE NORTHWEST CORNER OF THE LOOP 288 AND STUART ROAD INTERSECTION IN THE COUNTY OF DENTON, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A-85) WHEREAS, the City of Denton wishes to extend its city limits line to annex 83.75 acres of land described herein; and WHEREAS, on June 9, 1999, the Planning and Zoning Commission recommended approval of the petition for annexation; and WHEREAS, public hearings were held in the Council Chambers on April 20, 1999, and May It, 1999, (both days being on or after the 40°1 day but before the 20°' day before the date of the Institution of the proceedings) to allow all interested persons to state th~lr views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were Instibsted for the property described herein by the introduction of this ordinance at a meeting of the City Council on June 1,1999; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on June 13,1999, after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; and WHEREAS, 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 Strategies and Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS, SEC31QN I. That the tract of land described In Exhibit "A", attached hereto and Incorporated by reference, is annexed to the City of Denton, Texas. SECTION I. That the service plan attached as Exhibit "B", and incorporated by reference, which provides for the extension of municipal services to the annexed pro", Is ~ i approved as part of this ordinance. SECTION ju:Should any part of No ordinance be held Illegal for ay 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 deacribed In Exhibit "A" regardless of whether any other part of the described property Is hereby effectively t. . t c3 annexed to the City. If any pad 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. SEaION N; 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 l BY: APPROVED AS TO LEGAL FORM: HERBERT L. ~~PR~~OUTY, CITY ATTORNEY BY: & ee, I Ii M ' 12. . r EXHIBIT A A45 (MESQUITE MEADOWS) b 83.750 acres i All that certain lot, tract or parcel of land lying and being situated in the Victor Gailor Survey, Abstract No. 452, and the Thomas Toby Survey, Abstract No. 1288, Denton County, Texas, and being part of a tract of land described In a dead to Lands Limited Partnership No. 1, filed for record on 10118/1996, as recorded under County Clerk's File No. 98-R0074752 of the Real Property Records of Denton Counbl, Texas, and being more particularly described as follows: BEGINNING at a point on the existing Denton city limits line as established by Ordinance No. 86-07, sold point being on the west line of said Lando Limited Partnership No. 1 tract, lying approximately 430.00 feet, N 00' 06' 00" W of thb southwest comer of said Lando Limlted Partnership No. 1 tract, same being 600 feet north of and parallel to the centorlins of Loop 288; THENCE North 00' 06' 00" West with the west line of said Lands Limited Partnership No.1 tract, passing the north line of said Thomas Toby Survey and the south line of sold Victor Gollor Survey, a total distance of 2495.00 feet te. a point for corner at the northwest comer of said Lands Limited Partnership No.1 tract; THENCE North 89' 26' 00" East with the north line of sold Lands Limited Partnership No.1 tract, a distance of 1442.40 feet to a point for comer lying 30.00 feet west of and parallel to the centerline of Stuart Road, and the northeast corner of sold Lando Limited Partnership No.1 tract; 1 THENCE South 00' 26' 00" East, 30.00 foot west of and parallel to the centerline of Stuart Road and the east line of said Londe Limited Partnership No.1 tract, a distance of 1394.96 feet to a point for corner; THENCE South 00' 26' 00" West, 30.00 foot west of and parallel to the centerline of Stuart Road, a distance of 1141.69 fast to a point for comer on the existing city limits line as estsbilshad by sold Ordinance No. 82.70 sold point lying 600.00 feet north of and parallel to the centerline of Loop 288; THENCE North 88. 56' 03" Wast, 600.00 feet north of and parallel to the centerline of Loop 298, with the existing city limits lins as established by sold Ordinance No. 82.7, a distance of 1448.50 feet to the POINT OF BEGINNING and contalning In all 83.750 acres of land r t 1, A-81 VenendRoodt,drt 13. I i EXHIBIT 6 r- ANNEXATION SERVICE PLAN CASENUMBER; A•95(Mesquite Meadows) AREA: 83,75 acres LOCATION: On the northwest comer of N. Loop 288 and Stuart R In Denton's extraterritorial jurisdiction (ET1). I Municipal services to the site described above shall be furnished by or on behalf of the City of Denton, Texas, at the following levels and In accordance with the following schedule; A. Police Protection 1. Police service, Including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. B. Fire Protection 1. Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment, C. Solid Waste Ctillection 1. Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. D. WaterlWastewater Facilities 1. Maintenance of water and wastewater facilities in the area to be annexed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment, E. Roads and Streets 1. Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. F. Parks and Recreation Facilities r t. Maintenance of parks, playgrounds, swimming pools, and other recreational facilities in , \ c the area to be annexed will begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. However, there are no existing parka, playgrounds, swimming pools, and other recreational facilities In the area. Rd}.In iwiadme S.wk~ Plim,QrT F t, l~ I I ANNEXATION SERVICE PLAN (A-85) Mesquite Meadows G. Electric Facilities 1. Electric utility service will be pro•Aded within sixty (60) days after the effective date of the annexation using existing personnel and equipment, H. Library Services 1. Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. 1. Code Enforcement, Building Inspections and Consumer Health Services 1. Code enforcement, building inspections and consumer health services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment, J. Planning and Development Services 1. Planning and development services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment, The Planning and Development Department currently provides services this property by way of administration of Chapter 34 of the Code or Ordinances, concerning subdivision and land development regulations. K. Capitol improvements Program (CIP) The CEP of the city is prioritized according to the following guidelines: (1) Provision of Capital Improvements as compared to other areu will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. (2) The overall cost effectiveness of providing a specific facilityor improvement. The annexed area will be considered for CIP Improvements in the upcoming CIP plan. This property will be considered according to the established guidelines. A•d7.In~r.auneSmkr 0ln.dx 1S• r i ti. ATTACHMENT 9 s ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, INITIALLY DESIGNATING TO AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 93.75 ACRES OF LAND IN THE CITY OF DENTON, TEXAS, LOCATED ON THE NORTHWEST CORNER OF THE LOOP 288 AND STUART ROAD INTERSECTION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (A•85, MESQUITE MEADOWS) WHEREAS, on April 6,1999, City Council receives a report, held a discussion and then directed staff to proceed with Involuntary annexation of the 83,75 acres described herein; and WHEREAS, the property to be annexed requires a zoning district classification and use designation upon its annexation; and WHEREAS, on June 9, 1999, the Planning and Zoning Commission recommended approval of the proposed Agricultural (A) zoning district; and WHEREAS, on July 20, 1999, the City of Denton involuntary annexed 83.73 acres of land described herein, which was made effective upon its passage; and WHEREAS, the City Council finds that the proposed zoning will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DEN' HERE'1Y ORDAINS: SECTION t, That the zoning district classification and use designation of the 83.73 acre property described in the legal description attached hereto and incorporated herein at Exhibit A is hereby Agricultural (A) zoning district under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION 2. That the City's official zoninit map is amended to show the zoning district classification. SECTION 3. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of e-ds ordinance Is violated shall constitute a separate and distinct offense. SECTION 4. That this ordinance shall become effective fourteen (14) days from the date , of its passage, and the City Secretary is hereby directed to cause the caption >f this ordinance to J AI be published twice in the Denton Record-Chronicle, it daily newspaper published In the City of Denton, Texas, within ten (10) days of the date of its passage. 36. 1 U 1 • I ~ PASSED AND APPROVED this the _ day of ,1999. JACK MILLER, MAYOR ATTEST, JENNIFER WALTERS, CITY SECRETARY ! BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: _ f 1 I t Ir 17. i c EXHIBIT'A A-85 (MESQUITE MEADOWS) 83,750 acres All that certain lot, tract or pareel of land lying and being situated in the Victor Gailor Survey, Abstract No. 452, and the Thomas Toby Survey, Abstract No. 1288, Denton County, Texas, and being part of a tract of land described In a deed to Lando Limited Partnership No. 11 filed for record on 1011811996, as recorded under County Clerk's File No. 96-R0074752 of the Real Property Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a point on the existing Denton city limits line as established by Ordinance No. 88-07, said point being on the west line of sold Lando Limited Partnership No. 1 tract, lying approximately 450.00 feet, N 00' 06' 00" W of the southwest corner of sold Lando Limited Partnership No. 1 tract, same being 600 feet north of and parallel to the centerline of Loop 286; THENCE North 00' 08' 00" West with the west line of said Lando Limited Partnership No.1 tract, pawing the north line of said Thomas Toby Survey and the south line of said Victor Geller Survey, a total distance of 2495.00 feet to a point for corner at the northwest corner of sold Lando Limited Partnership No. I tract; THENCE North 89' 25' 00" East with the north line of said Lando Limited Partnership No.1 tract, a distance of 1442.40 feet to a point for c )rner lying 30.00 feet west of and parallel to the conterllna of Stuart Road, and the northeast corner of sold Lando Limited Partnership No.1 tract; THENCE South 00' 26' 00" East, 30.00 feel west of and parallel to the conterllne of Stuart Road and the east line of sold Lande Limited Partnership No.1 tract, a distance of 1394,98 feet to a point for corner; THENCE South 00' 26' 00" West, 30.00 feet west of and parallel to the conterllne of Stuart Road, a distance of 1141.69 feet to a point for corner on the existing city limits line as establi3hed by sold Ordinance No. 82.79 sold point lying 600.00 feet north of and parallel to the coriterlins of Loop 288; THENCE North 88' S6' 03" West, 600.00 feet north of and parallel to the centerline of Loop 288, with the existing city limits line as established by said Ordinance No. 8241 a distance of 1448.50 feet to the POINT OF BEGINNING and containing In all 83,760 acres of land. i A4,, Atria end Dnmd+ doe 18 . r M1I Planning and Zoning Commission Minutes ATTACHMENT 10 June 9, 1909 • • Page 3 of 6 Section 34.114(5) for perimeter street paving. (V-99.008) Motion by Susan Apple and seconded by Salty Rlshel to recommend approval to City Council. 'Discussion of Rem Is Included In Court Reporter's transcript attached to this set of minutes (Pape 8). Meson carries B-2 Carol Ann Ganger and Bob Powal! oooosed. b. Consider approval of the preliminary plat of Lots 1 and 2, Block 1 of the Larsmio Addition. The property Is zoned Single-Family 7 (SF-7). The proposed use is two (2) single-family residential lots. (PFP-99.087, Laramie Addition, Kathryn Nissan) Motion by Salty Riehel and seconded by Susan Apple to approve. 'Discussion of hem is included In Court Reporter's transcript attached! io this set of minutes (Page 18). Motion cables PUBLIC HEARINGS -ZONING CHANGE 10. Hold a public hearing and consider mold mg a recommendation to City Council regarding the Fry Street Small Area Plan. Motion by Susan Powell and seconded by Carol Ann Gonzer to recommend approval to City Council. 'Discussion of Rom is included In Court Reporters transcript attached to this set of minutes (Page 23). Motion carries 7-0. 11. Hold a public hearing and consider recommending approval to CRY Council the involuntary annexation of 80.741 acres and a temporary Agricuhural (A) zoning disMct classification and use designation for such property. The subject property N located on the south side of McKinney Street and Is directly opposite of Trinity Road, (A-84, Trinity Meadows, Wayne Reed) Motion by Salty Rishel and seconded by Bob Powell to recommend approval of the annexation to City Councll. 'Discussion of hem Is Included In Court Reporter's transcript attached to this set of minutes (Page 84). Motion cables Motion by Susan Apple and seconded by Bob Powell to recommend approval of the zoning to City Council. 'Discussion of Item Is Included In Court Reporter's IranrAA ohsched to this set of minutes (Page 78). . , Motion carries 7-0 12. Hold a public hearing and consider recommending approval to City Council ft Involuntary r r f c annexation of 83.78 acres and a temporary Agrkuhurai (A) zoning district classlflaotion and use designation for such property. The subject property Is located on tho northwest ; comer of the Loop 280 end Stuart Rood Woreection. (A 8S, Mosquito Meadows, Wayne Read) 14. , I r / Planning and Zoning Commisslpn Minutes June 9, 11999 Page 4 of 6 i Motion by Elizabeth Gourds and seconded by Softy Rishel to recommend approval of Cis annexation to City Council. 'Discussion of hem is Included in Court Reporter's transcript attached to this set of minutes (Page 77). Motion carries 8.1. Carol Ann Ginter oooosed. Motion by Elizabeth Gourdie and seconded by Salty Rishel to recommend approval of the zonlrtig to City Council. 'Discussion of hem Is Included in Court Reporter's transcript attached to this set of minutes (Page 82). Motion cerries e-t. Carol 6nn Gonzer ocflosed. }cold a public hearing and consider recommending approval to City Council the involuntary annexation 19.60 sores and a temporary Agricultural (A) zoning district classification and use designation for such property. The subject property Is located on the south side of Edwards Road, approximately 2,000 feet west of Swisher Road. (A-86, Lubbers Additi)n, Wayne Reed) Motion by Salty Rishel and seconded by Bob Powell to recommend approval of the annexation to City Council. 'Discussion of hem is Included in Court Reporters transcript attached to this set of minutes (Page 82). j Motion caMes.4.3. Carol Ann Garner. Susan Apple and Elizabeth Gourdls opt, Motion by Salty Rishef and seconded by Bob Powell to recommend approval of the zoning to city Council. 'Discussion of hem is Included in Court Reporters trarwoript attached to this set of ndnutes (Page 94). Motion cables 4.3. Carol Ann Goner. Susan Mole and Elizabeth Gourdie oooosed. 14. Top of the Hill Subdivision a. Hold a public hearing and consider recommending approval to City Council regarding a proposed voluntary annexation of 65.174 acres located south of Ncnirlin Road on the east side of FM 2181 (Teasley Lane.) generally opposite Hickory Creek Road in the extraterritorial jurisdiction of the City of Denton, Texas Tho zoning at the time of the annexation will be A;r1k .ritursl (A). (A-83) Motion by Susan Apple and seconded by Ssity Rishcd to rooommf:nd spprovel to City Council. 'DisQcussion of Rem Is Included In Court Reporter, transcript sitaci*d to this set of minutes Moa es To. (Ps 9Mot(on com b. Hold a public hearing and consider recommending approval to City Council ' a regarding a proposed concept plan for a Planned Development (PD) zoning district t encompassing 65.174 acres. The property Is located south of Nowlin Road on the east side of FM 2161 (Teasley Lane.) generally opposite Hickory Creek Road In the extraterritorial jurisdiction of the City of Denton, Texas. At the time of I 20. _ Con trot • Page 77 Page 79 I Okay, AU right I'm try, It's been rnoved6d 1 development plat approved by ohm Denton Canty. Haw ,2 teeoodod to recommend Agrlcyrwd ttul0g. Any 2 does this fit to 6=7 3 discusrioe oe the motion? All to fsvot raise your 4t 3 MIL theme: That particular response was t band. Modoo carries UWAmwusly. Thank you for a given 10 me today w 1 haven't rod It OOOPWY S correct n we on that 1* e. ~ S myself. It it my wndasten&q in wft with S" elm l2, hold public 6 P c 4os, the Director of planning fee Dento County, 7 hearing condda moommeod4 ipproval to the City 7 tat after the developer came to the Development ltevlew 8 Council for the tovobuntaiy sonexatioo of 83.75 acre 8 Committee of the City of Denton for one review of a 9 end a temporary Agricultural MIN ate uitieatlon and 9 pret roinary plat, they did mat proceed with platting 10 use deal~mtlo0. The subject property to bated on the 10 with us, which they ultimately have to do. tnstad what 11 0athwcd earner of loop 288 and the Stuart Red I 1 they have done io gone gm o the County w 4et the 12 lntetoctloe. And, WK the City Is the PcUdO er ht l2 County's am oval in the d tat that e t W US and Once the county 13 olds case so 1 will open the PAUa hearing and "III 13 signs oft on tt that they would ohm come 1e ask Mr. Reed From the Planning Department to provide us 1e show vatedeaa. That's not to make any differeece here IS with the staff report, petitloocr's report sad the staff 15 or them as far M what we're considering tonight. I 16 recommendation all at one time. 16 believe that's what that tight them It refemoc. 17 MR. Rene Thank you. The subject property 17 Ms. OOURDM x wfiee the says that the 18 that we are Dow talking about concerning annexation and t8 Intended hue of this property would become t coca faring ' 19 a motion fa "V "don or an Agri eultrmal meter 19 with the City's Zoola$ ItWatioos, ttat bat no baring 20 district Is located in the north part of town just on 20 beaux It's two different eodttes7 21 the owl side of tans 288 and the west tide of Stuart 2 t MA. trees: well, the use would have to pin 21 Road, At the vdcWty map demwarmste% 16.55 aaa of 22 a specific use permit. Tbey`d have to apply for one. 23 this property It located Inside the City and is toned 23 MR. stroetexeettn Any other quadoA N Agricultural at present. The remdning 83.75 acres Is 2e Commissfooen. Mr. Reed, Us Will trigger the 20 13 lasted outside of the City omits In the ern. 7be 25 percent full? Page 80 Page 78 I proposed development to to place a manufactured home l Ma. um. Actually. It does. , . 2 park on ibis 83,7 S sae that is located outside of the 2 JILL WNALDW: r m the content of the 3 City. 3 letter I'm led to believe that they rmpresemt 100 percent of the land proposab for the 2001111100 that 4 TTe proposed development would regain S several public Improvenent& The City staff does not S would trigger it. 6 have a detallod site plan so we cannot provide mom 6 ML a OELBREOM And that't w' b regard to 7 specific information on what those public improvements 7 the 2001M. e would entail nee can - In the staff report did we 8 MA. a •t- • Ant they would also reptant 20 9 Indicate what that would'rea11 as far as park dedication 9 percent of the lard aurwoding the pro" that's to and the park development fee as we did In the previous to within the City limits, as Well, des that's 1635 I I one because we had a proposed lot count. I l acre that is not put of the an U60, M this tight I2 In this Particular am atilt did way six t 2 bem demorott" The way we would calculate die 20 13 property owout who were within 200 fat and owned the 13 percent is everything that's within this red line tad the a Inside the City Umlu and everything slat's y0low is Ie property inside the City Umlu.' 1 have heeded you IS spoon from the subject property owner and that it a is more or has the land sea to opposition. So it's both 16 rapome mxprasirrg opposition. We 00t9led ON 16 ways. 4 17 supposed resident within $00 fat An4 stain, staff 17 MR. p0aUlMW. Aneaatl0n require I8 would staff moommends approval of the annexation l8 r4w-m ority anyway. 19 motion but and then also staff would tteommeM approval 39 Mkt Rees MAK I'm Wklq shout the r 20 of the Agriculturd toning district dedpeation. I'll 20 to b& A ' 21 be happy to answer say questions. 2 t Mx 040e181t8Cit7. Okay. There doesn't ! r 22 MA 2s+oetARt:M; Ms. OL-X te, 22 appear to be any other gaatioms at tbit time? Thank 21 Ms. 004)"tsr I'm just emout, I've revs 23 you. Is due anyone pt+tnnt who would litre to pe k in 11 sae this before. It states that an Agricultural tooing 21 favor of this petition? Amyeee present to peak in 15 daignation far this property It not consistent wUh the 25 favor of tb6 petition? 10 that one, is them anyone PLANNINO AND ZON[NO COItO IRION JUNK 9, 11 Py6 77 • Pop 80 , _ 21. t Condenseit"I Prmse 81 Paso 83 I present to Speak in opposition to the pvdtidc7 Anyone , 1 and a temporary Agriailtunl mains district 2 present to speak in opposition? 7bat being the axe, 2 elassincatlai and use dedpatim for ash property. tr 7 the public boorlog is closed Rebuttal Is waived. W. 3 The subject ^rope ty Is located an the south aide of 4 Read, may final remarks from staff's panpectlvc7 4 Edwards Road approximately 2,004 fed wort of Swlaber S MR REED No. S Road, And W. Read wtd provide t t with the staff 6 Ma EerasuRECarn okay. Commissions, we 6 reperl, pdkiooWs report and staff rooomrneodadoo. 7 again will need to take this to two motions, ono for the 7 At this time 1 will opea the public bearing. 0 annexation lad one with regard to the ron4 Arc there 1 MA arc 76ank you, 7be 19.801 we hart 9 any Comments or it motion? 9 here is loafed on the south side or Edwards Road wad 10 M9. atx "m t move that we rwormocod to to of Swisher Road; and u a landmark I believe all of you I I the city council w mxatloo of Agenda item 99-o23 wwch I I might mall the Pnom Developmeat wblcb was a 12 to A•85. Thank you. 12 400-plus acre to which was approved at the end of last 17 Ma. RISHEU secsrd. 13 year, ?hat's coated ova hem. I.3S is to the south 14 MR t? o"REcHTI it's been moved and 14 Agala, wo'm talking .haul an sonexatioo almilar to the 15 seconded to recommend involuntary - and I'm assuming 15 two previous ones that we just talked about 16 you am recommending involuntary aaneuden7 16 Several public improvements would be 17 Ms. aarxnta Yea, 17 required with this smaller property if developed as i8 MR. mELeRECHr: Yes, discussion on the II proposed. Too pmpaty owner had proposed a 19•unlt I➢ modon7 Ms. Oenur. 19 maeufacdued home park on one lot Being In the ETr 20 M. CAMP: I'm going to be voting against 20 City has neither eontroi over the dedga Pd&lines of 21 this modon. 7be last one the owners of the property 21 the ability to Collect park development foe for this 22 were not in oppoettioe to the annnexation on that last 22 residential development At this time I'll Moste 23 Coe. On this one the owners of the property we opposed 23 that staff would moommedd a rwommeedadoo for approval 24 to it and I'm not a person who's rally big to favor a< 24 for A•86 for the annexation sad s necommeedattoo for 23 Involuntary annexation. I'm one of these people who 23 approval for the dodgnatioo of an Agricultural mains Page 82 Page f I voted against the City ordinance, I maw, the charter I district fa A•86, I'd be happy to anew any.. 2 change, It seems you know, Mi. Powell brought this 2 questions. 3 up arlfa, ail thme of these Involuntary annexations 3 MR EXaELARECUT; ComMISSIO as, say 4 have to do with mobile home pwkL It looks a Bala 4 questions? Ma. Oour& S fishy to me. I'm going to be voting against IL S Ms, aOURnle, I was just curtsy, an a MR taroeteREam Any other discussion on 6 manufacturw housing doe's they have guidelines In our 7 the motion? Mr. Mabel. okay. Anyone else? In that 7 books shad they mquim them to have open apace, a 1 case, all In favor of the motion plan nlaa you right 1 oaWn amount of open space anyway? 9 hand. Opposed same 49 MR RUM For anything that's located 10 Ms. aANrER oppose 10 inside the City. I I M& Wo"REom MOL.4 Carrick six to 11 W. 0ol1 m so why would they be required 12 Coe Do we have a motion with regard to the maims? 12 to have to pay park feed Wby would that be it I1 MI 000ROLM I mOVC that sus reeemnmd to I3 eoesidaradon, so to speak, dnca tbey're already 14 the City Council that the proposed mains foe the tract 14 required by the ordinance to have am *uW 13 A•0 be toned Agricultural. Is MR. Rpm PW off, the mroufadured home to MR. RI.IHEG second if park chapter which is Chapter 32 of our Code at 17 Mrs vomowim a's been moved and 17 Ordlemces applies 10 maotdaeturod home paAu the ores I I seconded to recommend Asrtcuinmrel moorhens. Any I I only Inside the City. O dng to air pate Dedicadas 19 d*uWoo on the motion? All in favor Man your right 19 Ordinaeoe, that applies to property both Inside the City 20 hand. Opposed same sign. 20 and In our M lrowev~er, for soy property located In j r 21 M. OANIBR: Opposed. 21 our sTr, only the park land dediatim portion applies 22 MR. ENOILRRECFffti Modoo carries, six to 22 at foes In Ow of, which would be the ease here boom i 3 one. okay. we'll move on Item Is I'L, IA~ 23 the dediatim 11 len then nve saes. However, An M p reoommmdies approval to th6 24 park &WOPMmt 111106 naoddW with ooh tads Crmeeot 25 City Council of the itdvoluolary amexation of 19.9 saes 2S be t10l %W for Metapmeat In our IrrR so I weal MANMNO AND ZOMNO COMMISSION AM19r 1999 For 81 • Pop 84 22. a 0 ATTACHMENT 2 w A-86 (MESQUITE MEADOWS) NORTH <.N SITE . ea s wa ` , 1e,S~eaw ~ a HIMMUS Lm 1 r+» v rte,: e VICINITY MAP i i J~ Agenda Dale, August 3, 1999 Scale, None 5, t. AGENDA INFORMATION SHEET 4 Ode AGENDA DATE: August 3, 1999 DEPARTMENT: Planning Department ACM: David Hill, 349-831 SUBJECT - Lubbers Addition (A-86) Hold a public hearing and consider adopting separate ordinances to annex and zone a 19.802 acre tract located on the south side of Edwards Road, approximately 2,000 feet west of Swisher Road, presently in the City of Denton's ETJ. (A-86, Lubbers Addition) A, Consider adopting an ordinance on second reading to involuntarily annex the subject 19.802 acre tract; to approve a service plan for the annexed property, to provide a severability clause and to provide for an effective date. The Planning and Zoning Commission recommends approval (4.3). B. Hold a public hearing and consider adopting an ordinance to zone the subject 19.802 acre tract to an Agricultural (A) zoning district. The Planning and Zoning Commission recommends approval (4.3). BACKGROUND Allen Lubbcrs is proposing to develop a 19 (rental) lot manufactured home park (MIIP) on the subject property. At present, it is located in the extra-territorial jurisdiction (ETJ) of the City of Denton, providing the City with only subdivision regulation of the development. The developer Is proceeding with subdivision procedures. As a development in the ETJ, zoning regulations do not apply. The city would have no control over the land use (znning) or design standards of the proposed development. Development of the Lubbcrs Addition manufactured home park will require several public improvements. A preliminary list of these improvements includes: I, Right-of--way dc-lication along Edwards Road. 21 Perimeter paving along the frontage of Edwards Road. 3. Sidewalks along the frontage of Edwards Road. 4. Extensions of water lines. S. Storm water drainage improvements. 6. Installation of rite hydrants. 7. Dedication of public utility easements. A , . t t I The proposed development if built woulJ be subject to the land dedication portion of the park Dedication Ordinance (Ord. 98-039). A fee in lieu of dedication would be required for the subject property, equal to the pre-development valueof 0.09 acres of the tract, during the platting process. The developer would be required to pay the fees at time of release of the final plat. The proposed MHP would be exempt from the park development fees of the Park Dedication Ordinance, because it would be located in the ETJ. If it were within the City, park development fees would be collected during the build;ng permit stage equal to $187 per unit, if it were developed as proposed, total fees for park development would equal $3,553 (19 units x $187 per lot), In accordance with the City's annexation policy plan, approved in June 1993, the City will "assess on a case by case basis the annexation of areas in the ET) when significant developments are proposed." An annexation Service Plan has been prepared for City Council and public review during the annexation process (the Service Plan is an exhibit of the annexation ordinance). The capacity of infrastructure such as water, waste water, streets and electric senice and services such as police, fire, recreation, and general government are evaluated with respect to the proposed annexation. PRIOR ACTION/RF.1'IFW April 6,1999 - City Council received a report, held discussion and provided staff with direction regarding the annexation of the subject 19.802 acre tract. April 20, 1999 - City Council conducted the first of two public hearings eonceminb the annexation of the subject 19.802 acre tract. May 11, 1999 - City Council conducted the second of two public hearings concerning the annexation of the subject 19.802 acre tract. June 1, 1999 - City Council conducted the first of two readings of the annexation ordinance. June 9, 1999 - Planning and Zoning Commission recommeded approval of both the annexation (4.3, Ganzcr, Apple and Gourdie opposed) and the temporary Agricultural (A) zoning district classification and use designation (4.3, Ganzeq Apple and Gourdie opposed). July 20o 1999 - City council rostponed the second of two readings of the annexation ordinance and the zoning for the subject property. i::S11AfATF.D PROJE'C'T H DU ' This Is the second of two readings of the ordinance to be conducted by City Council concerning this annexatlon. The schedule is consistent with the requirements of State law. A. This is also the required public hearing regarding the zoning ordinance. r i FISCAL. INFORMATION 1 None at this time. N,,, „r 2 c i P&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval of both the annexation (4-3, Gamer, Apple and Gourdie opposed) and the temporary Agricultural (A) timing district classification and use designation (4-3, Ganzer, Apple and Gourdie opposed). ATTACHMENTS I , Location Map 2. Vicinity Map 3. Zoning Map 4. Utilities Map 5. 500 foot Notice Map 6. Denton Mobility Plan Map 7, Annexation Schedule 8. Draft Ordinance • Annexation 9. Draft ordinance -Zonirg 10. Planning and Zoning Commission Minutes for A-86, June 9,1999. Respectfully submitted: AL l Mark Dona dson Assistant Director of Planning and Development Prepared by: ayn eed Plann~ II ` 4 i d t~ 1 { Vinf~ Hr/wn jq~ N.ndln,p d-u.LYV d<k 3 r f 1 f i I I I I I ATTACHMENT M NORTH A-86 (LUBBERS ADDITION) fy~. r; I ti 3 Sh~Qy;,hon 4 1 4 LOCATION MAP ' F I Agenda Date: August 3, 1999 Scale: None i. o ii - ATTACHMENT 2 A-86 (LUBBERS ADDITION) NORTH f aq PECA MAW yr , M.N.P.' 1 G r99 Dwmm PC 't IT ~ fRf9ER4E '(ri ' G k L M.H.P. snrJy soon • CvlrAn i y ~ ~ . w VICINITY MAP Agenda Date: August 3, 1999 8alc None 5. b . I i ~I ATTACFMENT 3 A4 N- A-86 (LUBBERS ADDITION) NORTH A vz~ Ir ~ A 1 IgP ~l ! PD go ~ CIC} I \ I~ . PO 137 Rlol A IDWMN PD 137 ~-A 11 IT r ~ A ;•C{ w " / + r / I 1 I + ~1 L A PD 107 Di I A PD 137 / CIC) f~ / I 1 /rr^tr 7 A I„ Snedyshon PD 1 ZONING MAP Agenda t)atc August 3, 1009 State: None 6. c. i ATTACHMENT 4 A. A-86 (LUBBERS ADDITION) NORTH ~ J N V %5. LL. ®w'wD9 `'ri c 1. I.JtL MA 14 5 s aK~i'', tr l'4+ SIT 3 i EXISTING UTILITIES MAP ~ • Hydrae • - Water Lino (W, L.) Sower Lino (S. L.) , t r Agenda Date; l,ugust 3, 1999 Scale: None 7. C ATTACHMENT 4 NORTH A-86 (LUBBERS ADDITION) t a ~ Yr S, L. ` d ®WWS t lRS"! ~t,,~r . EXISTING UTILITIES MAP Hydrants Water Lino (W. L.) Sewer Line (S. L.) "(Irk Agenda Date: August 3. 1999 Scale: ,One 7. i t E~ ATTACHMENT 5 A-86 (LUBBERS ADDITION) NORTH pp r Is r 5. Y C R i ~ ~r lrt, ~ y4 ry 1~. Y w. ~ ~J sh` tY w no ~ ~yly~y{ 'r r ~f SITE now h ak - BUF ER { '4 5 O FOOT BUFFER ,s 200.500 FOOT NOTICE MAP Agenda Data: August 3, 1999 Seek: None B. i 1 G I i ATTACHMENT 6 NORTH A-86 (LUBBERS ADDITION) er; ' < r ~ ~Z✓~~ 1 S I 3 J• JI i ~ ~SyyG~'3l' If fl YYA r ,t , ~ h r ai I EDWARD i f .a IT ~i Y y t ]y ~ ...................f!~u ,PA41 .R9...... . i DENTON MOBILITY PLAN MAP Freeways Prlmary Major Arterials Secondary Major Arterials Coilectors I I Agenda Date: August 3. 1999 Scale: None 9. t ATTACH14ENT 7 INVOLUNTARY ANNEXATION SCHEDULE: LUBBER$ ADDITION (A46) ae,t„ myje",rave Saturday, April le Notice published In Denton Record-Chronicle for first City Council public hearing concerning annexation. Tuesday, April 201' City Council conducts first public hearing. I • Public notice must be no less than 10 days and no more than 20 days before public hearing, o Annexetion Study prepared and available for public review, n Service Plan prepared and available for public review. Saturday, May 1" Notice published In Denton Record-Chronicle for second City Council public hearing concerning annexation. Sunday, May 2nd Notice published in Denton Record-Chronicle for Planning and Zoning Commission public hearing concerning annexation and proposed zoning. Tuesday, May 11 m City Council conducts second public hearing. • Public notice must be no less then 10 days and no more than 20 days before public hearing. Tuesday, June 1'l City Council by a four-fifths vote Institutes annexation proceedings. Flrst reading of annexation ordinance, • Action must be more than 20 days after the second public j hearing but less than 40 days from the first public hearing. 1 Wednesday, June 9' Planning and Zoning Commission holds a public hearing and ' considers making a recommendation to the City Council regarding the proposed annexation and proposed zoning. • Public notice must be no less than 10 days before public hearing, Sunday, June 13"' Notice published In Denton Record-Chronicle for City Council public hearing concerning annexation and proposed zoning. • Public notice must be no less than 15 days before public hearing. Sunday, June 13'h Publication of annexation ordinance with service plan In Denton j Record-Chronicle. i Tuesday, July 20'" City Council by a four-fifths vote takes final action, end reading and adoption of the snnexa isr ordnance. City Council 1. considers approval of zoning request, • Council action must be more than 30 days after publication of ordinance and less than 90 days after cour,cif Institutes annexation proceedings. I0, r ' ATTACHMENT 8 s ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 19.802 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, LOCATED ON THE SOUTH SIDE OF EDWARDS ROAD, APPROXIMATELY 2,000 FEET WEST OF SWISHER ROAD IN THE COUNTY OF DENTON, TEXAS; APPROVING A SERA,ICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. (A-96) WHEREAS, the City of Denton wishes to extend its city limits line to annex 19.802 acres of land described herein; and WIIEREAS, on June 9, 1999, the Planning and Zoning Commission recommended approval of the petition for annexation; and WHEREAS, public hearings were held in she Council Chambers on Apri120, 1999, and May 11, 1999, (both days being on or after the 40 day but before the 20'x day before the date of the Institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation; and WHEREAS, annexation proceedings were instituted for the property described herein by the introduction of this ordinance at a meeting of the City Council on June 1,1999; and WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on June 13, 1999, after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter; and WHEREAS, the City Council rinds that the annexation will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE { I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: .EC rION 1, That the tract of land described in Exhibit "A", attached hereto and { incorporated by reference, is annexed to the City of Denton, Texas, SECTION 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. SECTION 111; Should any part of this ordinance be held Illegal for any reason, the f holding shall not affect the remaining portion of this ordinance and the City Council hereby j declares it to be its purpose to annex to the City of Denton all the real property described in I E%hibit "A" regardless of whether any other part of the described property is hereby effectively i 1 11. t~ i annexed to the City. If any part of the real property annexed is already included within the city limits of the City of Denton or within the limits of any other city, town or village, or is not within the City of Denton's jurisdiction to ari iex, 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 shsll become effective immediately upon its passage l and approval. PASSED AND APPROVED this the _ day of _,1999. JACK MILLER; MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBE,,RR(T L.. P~~ROUTY, CITY ATTORNEY BY: 3 1 y !k 12. c. ii ` EXHIBIT A 6 i wHEPEAS, ALAN IUVERS is the owner of ail that certain tract of land situated I In the C. Walker Survey Abstract Number 1330, Denton County, Texos and being all of the called 10.00 acre tract and oil of the tailed 9.602 acre tract described in the deed from Doris Rae Cowort to Alen lubbers recorded under Clerks File Number 96-ROO69627 of the Real Property Records of Denton County, Texas; the subject tract beirg more particularly described as follows; OLGiNNINO for the Northeast career of the tract being described herein, at a 1;'2 inch iron rod found at the Hortheost corner of the said 9.802 acre tract and the Northwest corner of a called 21.903 acre tract described in the deed from E'oris Rae Cowart to David H. Mason recorded under Clerks Fife Number 95- 4.08048' of the said Real Property Pecords in the center of Edwards Road; THENCE South 00 Degrees 21 Minutes 39 Seconds East along a wire fence with the West ine of the said 21.903 acre tract and the East time of the 9.802 acre tract a distance of 1328.19 feel to a 1!2 Inch Iron rod found at the Southeast corner thereof 18 feet North of a fence corner post; . THENCE South 89 Degrees 19 Minutes 14 Seconds Nest with the South line of the 9.802 core tract possirg a 11/2 inch rod found at the Southwest corner thereof and the Sautheobt comer of'the`iard '10.00 acre feoct'on'd donTiriulriyy'x• with the South lire of the 10.00 we tract, in all, a total distancs of 648't8, feet to a 5r'p inch iron rod found at the Southwest corner thereof; THENCE North 90 Degrees 28 Minutes 41 Seconds West with the West line of the 10.00 acre tract a distance of 1336.27 feet to a 1!2 Inch iron rod found at the Northwest corner thereof on t" South side of Edwards Rood; 'HEftCE Sout1• 89 Oegfrss SB Minutes 09 Seconds East with the North line of the '0.00 acts tract oatsing a 1,12 Inch irnn rod found at the 1lorthedst corner thereof and the Northwest corner of the 9.8'J2 acre tract and contiruing wlth the Nor1h line of the 1.0' acr• Matt, In all, a total distoree of 648.92 feet k` to the PONT OF PEUNNINb and encfoslng 19.802 acres of land. f 13. ' t t EXHIBIT B ANNEXATION SERVICE PLAN CASE NUMBER: A•86 (Lubber Addition) AREA: 14.602 acres LOCATION: On the south side of Edwards Road west of Swisher Road in Denton's extraterritorial jurisdiction (ETI). Municipal services to the site described above shalt be finished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule: A. Police Protection L Police service, including patrolling, response to calls, and other routine functions, will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. B. Fire Protection 1. Fire protection (within the limits of existing hydrants) and emergency medical services will be provided to the property within sixty (60) days after the effective date of the annexatioa using existing personnel and equipment. C. Solid Waste Collection 1. Solid waste collection service will be provided to the property within sixty (60) days after the effective date of the annexation using existing personnel and equipment. D. WaterlWastewaler Facilities 1. Maintenance of water and wastewater l'acilitier in the area to be annexed that are not within the service area of another water or wastewater utility will be begin within sixty (60) days after the effective date of the annexation using existing personnel and equipment. E. Roads and Streets 1. Maintenance of roads and streets, including road and street lighting, in the area to be annexed will begin within sixty (60) days after the effective date of the annex; tion using existing personnel and equipment. i F. Parks and Recreation Faclllties 1. Maintenance of parks, playgrounds, swimming pools, tnd other recreational facilities in the area to be annexed will begin within sixty (60) days after the effective date of the r annexation using existing personnel and equipment. However, there are no existing r parks, playgrounds, swimming pools, and other recreational facilities in the area. i tM,rmrnrf.rt!;n i,r lY.ni Fn L!d.rrr du• 14. _ f Q 1 I i. I II i~ 1 ANNEXATION SERVICE PLAN (A-86) s Lubbers Addition C. Electric Facilities 1. Electric utility service will be provided within sixty (60) drys after the effective date of the annexation using existing personnel raid equipment. H. Library Services 1. Library services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. L Code )Enforcement, Building Inspections and Consumer Health Services 1. Code enforcement, building inspections and consumer health services will be provided within sixty (60) days after the effective date of the annexation wing existing personnel and equipment. J. Planning and Development Services I. Planning and development services will be provided within sixty (60) days after the effective date of the annexation using existing personnel and equipment. The Planning and Development Department currently provides services this property by way of administration of Chapter 34 of the Code of Ordinances, concerning subdivision and land development regulations. K. Capital Improvements Program (CIP) The CIP of the city is prioritized according to the following guidelines, (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 tteWcal standards and professional studies. (2) The overate cost effectiveness of providing a specific facility or improvement. The annexed area will be considered for C'IP improvements in the upcoming CIP plan. This property will be considered according to the established guidelines. i , SO I, ll l at, ro X ywo P6m Mu 4 POPIpiM' i5. c . ATTACHMENT 9 I 4 ORDINANCE NO. AN ORDINANCE OF TILE CITY OF DENTON, TEXAS, INITIALLY DESIGNATING TO AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 19.802 ACRES OF LAND IN THE CITY OF DENTON. TEXAS, LOCATED CN THE SOUTH SIDE OF EDWARDS ROAD, APPROXIMATELY 2,000 FEET WEST OF SWISHER ROAD; PROVIDING 17OR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (A•86, LUBBERS ADDITION) WHEREAS, on Ap616, 1999, City Council received a report, held a discussion and then directed staff to proceed with Involuntary annexation of the 19.802 acres descn'bed herein; and WHEREAS, the property to be annexed requires a zoning district classification and s.ae designation upon its annexation; and WHEREAS, on June 9, 1999, the Planning and Zoning Commission recommended approval of the proposed Agricultural (A) zoning district; and WHEREAS, on July 20, 1999, the City of Denton involuntary annexed 19.802 acres of land described, which was made effective upon its passage; and WHEREAS, the City Council finds that the proposed zoning will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the zoning district classification and use designation of the 19.802 acre properly described in the legal description attached hereto and Incorporated herein as Exhibit A is hereby Agricultural (A) zoning district under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION 2. That the City's official zuning map is amended to show the zoning district classification. SECTION 3. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance Is violated shall constitute a separate and distinct offense. SECTION 4. That this ordinance shall become efl'eclive fourteen (14) days from the date n of its passage, and the City Secretary is hereby directed to cause the caption )f this ordinance to J+ ` e be published twice In the Denton Record •Chronlela, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. 16. ` ci PASSED AND APPROVED Ws the _ day of ,1999. I ATTEST. JACK MILLER, MAYOR I JENNIFER WALTERS. CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: C iLI ' I j , iA r I ~ 17. r ~ i I j t i ZXHIBIT A A48(LUBEIERS ADUiIION) 19.802 acres ~ I WHEREOS, ALAN LUBBERS :Is the orner of all that certain troet of land eltuotdd in the G. Walker Survey Abstract Nurnber, 1330, Denton County, -Texas • and 'W64!' all of the called 10.00 acre tract and all of the called 9.802 acre tract • described In the deed from' Doris Rae Gowort to Alan Lubbers recorded under Clerks File Number 96-R0069627 al the Real Property Records of Denton Cbuhty, Texas; the subject tract being more particularly described as follows; BEGINNING for the Northwest currer of the Tract being described herein, al a 10'2 inch iron rod found at the flortheasl corner of the said 9.802 acre tract and the Northwest corner of a tolled 21.903 acre tract described in, the deed from Doris Rae Cowart to David W. Mason recorded under Clerks File Number 95- R0080487 of the sold Real Property Records in the center of Edwards Road: THENCE South 00 Degrees 21 Minutes 39 Seconds East along a wire fence with the !Hest tine of the said 21.903 acre tract' and the East line of the 9.802 acre tract o d;stance of 1328.19 feet to 0 1;2 inch Iron-rod found at il+e §o'ut"ait corner thereof 3,8 feet North of a fence corner p031: THENCE South 89 'Degrees 19 Minutes 14 Seconds West with the South line of the 9.802 acre tract passing a 1/2 inch rod round at the Southwest corner. thereof odd tf e' Southwest'tornei~of'th'e~iold"ttP:00'ai:re7lYatt'rbh'dr'conirib(fS'd',''' with the South tine of the 10.00 acre tract, in all. a total distance of 48 1 fret to a 5/0 Inch lean rod found at the Southwest corner thereof; THEIXE North 00 Degrees 28 Minutes 41 Seconds Weil with the West li#)e of the 10.00 acre tract a distance of 1336.2 feet to a 1/2 inch Iron rod• found at the Unrthwest cather theroof an the South side of Edwards Rood; "HENCE Souti- 49 Degltts 58 Mlrutes 09 Seconds East with, the North iine of the 10.00 acre tract 00009 a 1;2 inch Iron rod found at the No4loasf corner, hereof and the Northwest corner of the 9.802 ecre tract and eontiruing with, . the North line of the 9.02 earn, tract, in oil, a fatal distance of 648.92 fei to the POINT OF BEG NN NG and enclosing 19.802 acres of land. ; r r,3 4 -0Q Rem red 80,44 d0 18. ATTACHMENT 10 Planning and Zoning Commiss;op Minutes June 9. 1999 Page 4 of 8 Motion by Elizabeth Gourdle and seconded by Salty Rishel to recommend approval of the annexation to City Council. ' 'Discussion of hem is Included in Court Reporter's transcript attached to this set of minutes (Page 77). Motlon cardes 8.1 Carol Ann Gonzer oocosed Motion by Elizabeth Gourdie and seconded by Salty Rishel to reoomrit6nd approval of the zoning to City Council 'Discussion of Item Is Included In Court Reporter's transcript attached to this set of minutes (Page 82). { Motion carries &1. Carol Ann Ganzer oooosed. 13, Hold a public hearing and consider recommending approval to City Council the Involuntary annexation 19.90 sues end a temporary Agricultural (A) zoning district classification and use designation for such property. The subject property is located on the south side of £dwords Rood, approximately 2,000 feet west of Swisher Road. (A-88, Lubbers Addition, Wayne Read) Motlon by Salty Rishel and seconded by Bob Powell to recommend approval of the annexation to CRy Council. 'Discussion of item is Included in Court Reporter's transcript attached to this get of minutes (Page 82). Motion carries 4.3. Carol Ann Ginter Susan Aide srki Elizabeth Gourdie oooosed. Motion by Salty Rishel and seconded by Bob Powsq to recommend approval of the zoning to ' City Council. 'Discussion of Rem Is Included In Court Reporter's transcript attached to this set of minutes J (Page 94). 1111 Motion carries 4.3. Carol Ann Ginzer. Susan Apple and Elizabeth Gourdie ripposed. 14. Top of the Hill 80division a. Hold a public hearing and consider recommending approval to City Council regarding a proposed voluntary annexation of 85.174 acme located south of Nowlin Road on the east side of FM 2181 (Teasley Lane.) generally opposite Hickory Creel; Road in the extraterritorial jurisdiction of the City of Denton, Texas The zoning at the time of the annexation will be Agricultural (A), (A-83) . Motion by Susan Apple and seconded by Softy Mahal to recommend approval to City Council. `Discussion of Rent Is Included In Court Reporter's transcript attached to this set of minutes (Page 95). Motion carries 7.9. b. Hold a public hearing and consider recommending approval to City Council regarding a proposed concept plan for a Planned Development (PD) zoning district r ` r encompassing 85.174 acres. The property Is located south of Nowlin Road on the east Bide of FM 2181 (feasley Lane.) generaly opposite Hiokory Crook Road In I the extraterritorial Jurisdiction of the City of Denton, Texas. At the time of 19. c condeaselt, Page Al Par 83 1 praeut w spn'k In opposition to the petition?' Anyone 1 and a temporary Agricultural mains district 2. present to s e.k In oppoo'tion7 That being the caaq 3 classification and use dedsnation for ouch property. , 3 the public hearing Is closed. Rebuttal Is weaved. W. 3 The subject property is looded on the south die of 4 Rend, any final romancer from staffs perspective? 4 Edwards Road approximately 2,000 fed wad of Swisher s Mrs assn: No. S Rood And Mr. Aced will provide us with the Idaf f 6 Mil. t7r. A"RECHt: okay. Commissioners, we 6 report, petitioner's report and staff rwommmdatioa 7 again will need to take this U two motioao, one for the 7 At this time 1 will opts the public bawl* 8 annexation and one with regard to the wring. Are there 6 MR REM 7book you. The 19.802 ate dad 9 any comments or a Maloa? 9 here is located on the south side of Edwards Road wed 10 Ms.OOOante. I nave that we recommend to to of Swisher Road, find as a landmark I believe all of you I I the City Council aencration of Agenda Item 99-023 wbich I I might recall the Preserve Development wWch was a 12 is A•85. 7bank you. 12 400-plus acre ro which was approved at the end of last 13 Mo. RISHM second. 13 year. 7bat'S located over 1ere. 1.35 is to the south 14 Wt. mEtaat:crr: n's beet moved sod 14 Agate, we're talking about an amexation similar to the I' seconded to recommend involuntary and I'm essumk4 is two previous on" that we just talked about if you are rcoommeoding Involuntary annexation? 15 Several public inprw m -ats would be 11 MS. COJRfltE: Yea 17 required with this smalle' property if developed as Is Mn. E7r0EUREM. Yes, discuasioo oo the 18 proposed. The property owner bad proposed a 19-unit 19 motion? Ms. Gamer. 19 mmufacttud home park on one tot. Betel to the Er1 M M. GAN7E& I'm going to be voting against 20 city has neither control over the deslgo guidelines or 21 this motion. lbe lest one the owners of she property 21 the ability to tolled park developmmt few for this 22 vine not in opposition to the enoexation on that last 22 residential development. At dbia dime I'll indicate 23 one. On this one the owners of the property are opposed 23 that staff would recommend a reoommeadadca for approval 24 to it and I'm not a pmm wl o'er really big In favor of 24 for A-86 for the annexation and a roenmnuodaddon for 25 involuntary annexation, I'm one of thou people who 35 approval f r the designation of an Agricultural mains Page 82 Page 84 1 voted against the City ordinum I mean. the charter I district for A-86. 1'd be happy to on" any 2 change. It seems you know, Mr. Powell brought this 2 questions. 3 up earlier, all dm of Ruse involuntary anoexations 3 MA. nOMUnEW: Cmaedasiooen, any 4 hwva to do with mobile boom parka It looks a little 4 questions? Ma Gotun e. S fuby to me. I'm going to be voting against it. 5 Ma OWRM, I was just curious, on 6 tut. ENOEu REcrn Any other discussion on 6 manufactured housing don't they have guidelines in our 7 the motion? Mr, Rishel. Okay. Anyone else? to that 7 books that they require them to have open space, a 8 ease, all in favor of the motion please raise your right 8 certain amount of open space anyway? 9 land. Opposed same sign. 9 34A mm. Foe anything that's located 10 W. GANtEn Opposed io inside the City. I I MIL ENGEIE KWM Motion carries, six to I I Ms. Oct W a so why would they be required 12 one. Do we have a motion V th regard to the zoning? 12 to we to pay perk fen? Why wQd that be a 13 m Gamm t move that we eocommend to 13 consideration, so to speak, sinne they're already 14 the City Council that the proposed zoning for the tract 14 required by the ordinate to have open spaoel! 15 A-SS be ward Agricultural. Is ML GEED First off, the manufactured bomc 16 Mrs mHEt: second. 16 park chapter which is Chapter 32 or our Code of MIt EN "REarr: n's bona moved and 17 Ordasoces applies to manufactured hoax padre that are 1 &xooded to recommend Agricultural woiog. Any is only inside the City. Going to our Park Dedication , 19 disurssioa on the motion? All In favor raise you right 19 Ordinaea, that applies to property both faside tiro City 20 bhA Opposed some sign. 20 and in our Era. However, for my property loafed In 11 Ms OANWX opposed 31 our en, only the park Lod dedication partioa applies MR- . Motion 22 or tea in lieu of, which would be the case here bemm 23 ere, Okay, we'll move on to tee 33, to held a 23 the dedicadoo is less than five acres. however, the 34 public hearing and consider mcommenor^S approval to the 24 park developmeol few assoc. aced with each unit cannel 25 City Council of tie (a~olunhry tnocxatloo of 19.9 a= 25 be collected for development In our FU 801 was PLANNINO AND 7n.}WFO COMMISSION MNB 9, 1999 Page 81- Page 94 20. f Coademeltm Pager gs page 87 I su v iy Poluting out, much like 1 should baw lathe 1 $9.000.00 end I lint jot a plat. I've been trying to 2 other two and lice I did provide in the staff report„ 2 plat it stone'97 and 1 ain't made it }et only people went feet would not be collected for 3 who has got money out of me is the arcbited, the 4 3 that throe perk s which would have an Impact no our park 4 engineers, sad the Qty sad I ain't as nothing out of twin wblc to tun. Me Aiac1, s rydem it we leave it In the m. ft d a little extra s it except now you want me pay city 6 information. 1 should have just been quid. 6 Roses, you &am it for 3S years end you still ain't done 7 MR. p0rutn6w4: In addition, the tkh'eicpa 7 nedbe out Oxen: err are YOU going to do the like - of a may cam up to a 90 percent credit against those park a you've gat some other deal like the tw ad put a 9 land development fees if he provides park and recreation 9 trailer out there sad make another &gbid rot me, I 10 space owslgbt. to gucat. You know: k's ban a bad d,ai for me from the 11 Ri& owpm. okay. 7hst's wbere my 11 start I haven't got nothing thro,* the City past or 12 confusion was lying. 'flank yea But thank you for that 13 never did say anytldng except plat it and develop it 11 extra iaformaticr, Wayne. it was very helpful. 13 And on top of that, there's two tracts. I 1 14 s just wanted to do 14 M0. FNaE[J3RECHT: that's golrt$ above and mbad &a ad a e to develop tererything. So 1 But they one is beyond 16 MR peen: Yea, l roes 16 guess wlatr 'a you do Is up to you but I'm a$aind It was. L7 MA LNGELOUCHT. Definitely above or l7 and I guess 1'11 put it up for sale. I don't want to be 16 beyond. Any other question for Mr. Recd at this time? l6 annexed because If Cm annexed, the ordinance sad 19 Okay. Thank you. Is there anyone Present who would 39 everyrthiag, I'm going to start with the City Caatcil and to when ! have a probk n. 20 like to speak in favor of this petition? Anyone pteset t 20 I'm going to call everybody 21 to speak in favor of the petition? In that case, anyone 2 S And the deal is this Is a city, this is a County. The 22 present to speak In opposition to the petition? If you 22 County can bum. I can't do noNq because We City's 23 would please give us your mane tad business address foe 23 got me. But everybody else around me can do whatever 24 the record 24 they want to do. I BUM And thin the City police is 23 mx rue Berg: My name is Alan l ubbers. My 31 going to come out here? 7bat's going to be like ■ Page 88 Page 86 1 P.O. Box Is Box 314, Denton. I'm the person that own I yo yo. lbey'tl ttever find me, But I'm in the City. 1 2 the property. When we starkd out I didn't want to 2 guess, that's all I've got to say. 3 develop the wbole thing but the Plmain8 people told me 3 ML ENGWREGIT: Oommissiooers, any 4 1 had to develop everything. 1 just wanted to start 4 questions? Mr. Powell. S with five or six houses, which was mine, But when 1 S ML WwetL t don't think you're 6 went to plat it, they told me to put everything on an 6 looking at this realistically. 7b►s is the tbad one of 7 axu, '{fat's how it came out to be 19 bouses which 1 7 these spot aaocxatIms tooigbt. It's obvious what the don't want anmanufactured 9 didn't went to put n 19 houses out the 9 city me ~ In Denton. I don't !mow how many we have is p The question Is after I get the property, 10 I'm the only we you're annexing In the middle. Andrews to the City but it's obvious they don't want soymore. I I is behind me and then the County - the City is not I I M0. RIBNEL' W. Chairman, I'd like to say 12 taking s road of nothing to you're going to provide me 12 that Mr. Powell dace cot speak fa me. 13 with wbat? Nothing. But you want to take me in rod 13 mL rowmj i didn't say I did 1.10. MEUREM 3bers's d cbma for 14 make me pay City toes. tf g c, i're going to take ten In, S4 15 you're going to have to give me the ordinanoc sod 15 rebuttal to a moment, Mr. Rubel 16 everything. With Andrews corporation going on there's 16 M0. KVEW I'm only poietirtg out that this 17 going to be a problem because I can't ad one or two 17 is the third one tonight and in each ease they're spot 16 houses ben, take it out or the mobiie home park. sod 19 annexadoes. I'm voting for them because If 19 then you're going 10 have to dal with the Andrews' 19 manufactured housing is put than, I think It should be l 20 note noise nuiseoa. M rc;udated and the city should have the ri$bt to regulate 21 1 recommend 1 do Dot went to be in the 21 It and that's why I'm voting for these. And my heart is 22 City limits annexed because when I came up here and told 22 with my n cighba ban but I'm going to vole fa it 23 everyWM9 what was going M Dour' yon want to 10041 me 13 anyway simply because I think the replatioa is naiad 24 and stop me. Well, If you wanted to stop me, you should 14 But It's pretty obvious that we didn't take the property 1S h^ ve said sortnethtag instead of kttitp me shell out 25 next to it o0 the last one. We didn't take the property PLANNING AND ZONING COlvflvIISSION IUNB 9, 1999 Page 85 • Page, 88 21. I I 4"ondeat*,etitu" f Page 89 Page 91 I next to that It's pretty obvious. ' t site _ okay, do other two sits an pretty much bad Z MR LUMERS: On top of that there's all 2 aortas to improved mods. Is that corset? 3'm just s kinds of mobile homes down through tare. There's not 3 trying to look at than little maps and I colt really 4 just lice I'm not the only one that wants to do it 4 tell. 7be rust on: looks like It hit McKinney and the s there. 'There's four or five, there's lice 12 or 13 s second one looks like it hit Smart, and disc are all 6 mobilo homes down through that road 6 kind of improved rode. What don Edwards look lace? 7 MR. ENOEL13RECHT: I understand. Arc there 7 Mx nw. I'd W David Salmon to answer s other question? Before you kilve, Mr. Lubbers, I want 8 that question. 9 to ask staff if this gentletuan goes to subdivide, is 9 Mx sA1MM: edwaeda IV.ad at this location 10 there any reason he can't simply subdivide this into two 10 is just a County-halntaioed rural road I I lots for two mobile homes for throe lots for throe l1 Ms. e20URD1E. Is this the one we were 12 mobile homes of equal acreage, for example? If, in 12 talking about when the preserve came up to cc somebody 13 fact, it was approved with the special use permit? 13 just toce ody talked about it? 14 bit. DONkLMN: Yea, he could subdivide it 14 MX aAMON. Right. Ills is one of the is into smaller parcels, t) place even a single is rands that we talked about with the preserve. 16 manufactured home on a single lot requires a specific 16 Ms GOURiNB: And 11111 is the one they 17 use permit. 17 wonted the esoeption to or one of those? 18 MR ENOELSRECHT: But hen wouldn't 1 a Mx LuMoN: Yeah Thts is one of the reads 19 necessarily have to make it cue-acre lots? lie was 19 that the preserve asked for a variance on. 20 indicating that he only wanted to put two or three homes 20 Ms. oouRDt8: May. Thmk you. 21 out there. 7hat could simply be done. 21 Mx ENOM.aRECHT: I just want to make 22 MA. UONALDSON: We also create minimum lot 22 so nothing clear. Was the preserve, l don't think they 23 sines not M Axlmum. 23 were asking for a variance on this particular portion or 24 MR LU13SERS: But the p, blem with that is 24 that road. 23 you're still going to make roe drrtlop that road out 25 Ass. sAtJ•t No, right. It was portion that Page 90 Page 92 1 there which is going to cost me over 560,000.00. 1 was directly adjacent to the? property. 2 Mid E140ELHRh a.. That maybe. I just 2 Mx IMEURECSrr: okay. 3 wanted to check on the lot part of it That's the other 3 Ms. oouwx My question was just what have + 4 issue. 4 we stn goLM here? Do we have an Unproved section and s MIL LUBSERS: When 1 started out, that's all s tbeo a regular secdoo? Are we crating a bump in the 6 1 wanted to do and they told ne I bad to put in a 6 road, so to speak, by having on unapproved road and tact 7 sidewalk. 1 was going to have to put in culverts. 1 7 all of a sudden to Improved road and then as unimproved g had to make the road wider and everything just for dree s rod and then we've got it looked into Swisher? I'm 9 or four houses. I guess my deal Is why didn't you make 9 just trying to visually see what's happening out there. 10 these other people do it because they're still in the to Ma. 6At"0 Itight now, of course, the rod t I ETi? why didn't they do something? That's my it Is pretty consistent all the way out And with the 12 question. 12 variance that was approved with the preserve, it's still t 3 MR. ENGELHRECHT: 1 don't know when those 3) gohog to have a Aral section to It alrho* the 14 were put In or what was there Ocn. Any other questions 14 pavement will be of a We better quality. i s for Mr. Lubbers? Thank you. Is there anyone else is ms, oouxnte: what would be required of this 16 pmwat who would Idce to speak in opposition? Anyone 16 If this is sonexod Into the City. what Is required of 17 else present to speak in opposition? Seeing no other I7 him - to do to that rod? is opposition, the public hearing is closed. W. Reed, as is Mx sAtldl3N: well. the annexation, of 19 the City as the petidoner, do you have any rebuttal 19 tonne, won't trigger wy;himg but if anyone came into 20 remarks? 20 develop the property, we would have to took at road r 1 21 MR. REED No. 21 improvements at last along the frontage. 22 MR. ENOELHRP.CH'f: Any final staff remarks? 22 AU. ocunntE And would that be any way for 23 MR. REED No. 1'd be happy to answer say 23 him to apply foe a variance or anything in that sense of 24 questions. 24 the word? I'm just tryW to rx what's happening. 2s MS. OOURDUL 1 was just curious, is this 25 Mx Plum Alght i ayone can apply for a PLANNING AND ZONXNO COMMISSION JUICE 9, 1999 Page V • Page 92 22. i• 1 I (,'ppd0tlwt, u Page 95 I variance of the tequhementa. Whether staff would I MA i>eoMRzom is there a second? 2 recommend them or Dot, of course, is dependent on dw > MR. P0WEW aeeeod. S number of homes and the type of development That's S MR. DWSReclrf Ms bees nosed mod 4 always on option 'o matter whet you're proposing to 4 seconded to MW=06d Agdat UII Zoning. Any s develop. s d'iwwdou on the motion? All In favor plase rase 6 Ms. COURDIe, 7baak you for viSaliilng that 6 your rw baod opposed am its. 7 for me. 7 Ms. 0W OM. Opposed I MR. F2 oLUReoft: Any other questions? If 8 Ms. AiYM- Opposed. 9 there am to other questions, app we have a need far 9 MS. GAla.BR: OPPo"d 10 two motions, one with regard to annexation mod one with 10 MR. 04*BREM, Motion carries, roar to 11 regard to 2oatog. We would entertain a notion with I1 three. okay. ?hat 12 regard to annexaioa at this time. , we Id a public bearin& and 13 MA. Rtsm A lotion. a consider recommending approval to City Council regarding 14 MR. V;GE ERECHT+ W. RldaelL N proposed voluntary annexation of 65,174 acres loafed is MR. RmHEU t would like to make ■ motion 15 south of Nowlin Road on the east ride of nota 1 16 to non=med to City Council the involuntary moexaton 16 generally opposite Hickory Deck Road in the 17 of the Louver Addition, A•86. t7 extraterritor{d jurisdiction. Tla malag at the time Is MR. H wEth second 16 of the annexation will be Agrleu W al. And Mr. 19 MR. EwEumtatr: R's been moved sad 19 Donaldson is going to - I'll open the public hearing 20 seconded to raornkneod Involuntary omexaiom Any 20 and Mr. Donaldson Is doing to provide the gaff report. 21 disc ssioa on the motion? Ms. caner. 21 WA DONAt.000Pt: ibanik yna. W Chair. I'm 22 M. OAWIX- rm going to be voting against 22 substitutim for harry Rdchhart this evening. Larry Is 21 this coe, too. Mr. Labbers awns this land It's his 23 en route back to Denton with his family, having closed on 24 Lend. He does not want to be wid" the City limits. 24 a boom last week sod now bas a plane to live. Apia, 15 'therm Why I'm opposed to lovaluotary mnaexa60& 2s jot to summarise two separate actions this evening, a Page 94 Page 96 1 People live out in the country because they want to live 1 rocommeadatioo rep"ft the annexation and a , 2 in the country. cot In the City limits. The 0ewspaper, 2 moom rcodedoa regarding the proposed m h* which Is ga 3 1 remember It said after we had the charter vote that a 3 a Macaed Development zmtq district. 4 lot of people they thought voted against it bomm they 4 Find just the amtenutioo, 65-plus sera S were against growth. Anybody wbo kenos toe knows that s hated In south Denton, east of Teasley, mere or lea 6 I'm not against growth. I just don't think thigh 6 opposite Its kktenecdoo with Hickory Crack Road This 7 right so I'm going to be voting splast It. 7 particular map shows the portion of the Denton Mobility 8 MR. t2 M2AECxn Ms. Apple. It Plan and two proposed arterial. One the extekatoo of 9 Ms. APPtL• l will also be voting against 9 Hickory Cm& Rand which will to mcroes the bourbon 10 this band on the sine of the tract, Its location, and 10 boundary of the r royerty and a second propewd mad or 1 I the comments of the landowner. I t the extemioo of ,U24" WWb will 20 91008 it's eaters 13 MR. POwnu Mr. aiC-u m , I secoadod the t2 boundary, a rd theo6 of cohere, Teasley is miso on 13 motion, I'll vote for It 1 want to prove a point IS arterial road. And I noting in your bodntp, dA bsdkup 14 MR. wGELemarr. Any other dismsaton? Ali 14 report N the amtexatlo0 Is missing. Briefly. the is in favor of the motion plax raise your right hand. is aping plan Indicates that we'm capable of provld6V 16 Opposed two sign. t6 servkx in hero. We bane City territory both to rye 0 Mn. OAtrrER: Opposed. 17 east and wort so It's contiguous an tvro aides mod will Is Ms. APPLE: Opposed. 18 help serve to fin in a hole Is the City limits, 19 MS. GOMtE Opposed. 19 basically. , 20 MR. WGUARECaff: M0600 WrIft four to 20 With regard to the woing, In yaw backup 14 that brially f 21 thice. And that move us to the zoning issue. Mr. 22 identifk s throe trocU with 1Wroot electrical 21 Rlsbel 21 MR. MKEU t'a, I'd like to mole a motion 21 ewsemest kind of er-;4 the boundaries for these throe 24 that We, to the City Cornett, that we approve the LMW N tracts. Initially, the &Mikradoc conne in with 25 Addition, A•86, for Agricultural temporary. 11 Raidentid 00 the larpot ptwei do 4S am PLANNINO AND ZOMG COMM1531OR 1I1NB 9.1999 P14a 93 • Pale S, 23. t u A3eti6a flo. 9 9=a,,3Q AGENDA INFORMATION SHEET {tgendaMrn Date r' 6-- 9 t 3 AGENDA LATE: August 3,1999 DEPARTMENT. rlanning Department CM/DCMIACM: David Hill, 349.83144 I SUBJECT - A-87 and Z-99-044: (Robson Ranch) Hold a public hearing and consider adopting separate ordinances to annex a 794 acre tract and zone a 2,725 acre tract located generally between 1.35W and Florence Road and between Crawford Road and Lively Road. (A-87 and Z-99-044 Robson Ranch) A. Consider adopting an ordinance on second reading to voluntarily annex the subject 194 acre tract; to approve a service plan for the annexed property, to provide a severability clauae and to provide for an effective date. This is the second reading of the ordinance. The Planning and Zoning Commission recommends approval. 13, Hold a p:,blic hearir x i -id consider adopting an ordinance to zone the subject 2,725 acre tract to a Planned Development (PD) zoning District. The requested rc?,Nning is for a planned resort retirement community with residential, neighborhood services; outdoor recreation and community service uses. The Planning and Zoni.-t3 Commission recommends approval. BACKGROUND ANNEXATION (A-81): The petitioner requests the property be annexed. The petitioner is currently requesting that the subject property be zoned with a permanent land use designation and classification as a Planned Development zone district to develop a golf resort retirement eommumty. The second reading of the ordinance must be approved by Council super-majority fc; the annexation to take effect. The 749 acre tract was released from the Town of Northiake ET] as per a recently approved inter- l+1 local agreement. ZONING (Z-99-044). The applicant has requested to rezone this property to a Planned Development (PD) zoning classification with the approval of a concept plan to allow the development of a golf resort retirement community with approximately 1,926.1 acres of residential, 3.71 acres of neighborhood service, 662 acres of outdoor recreation and 14.1 acres of community service uses, with 95.7 acres of streets ROW and parking. A r Che subject property is currently located in the ET) and is not zoned, ` c r The proposed development is consistent with most of the policies of the 1988 Denton Development Plan (DDP) as applicable and many of the 1998 Denton Plan (DP) Policies (see Attachment 1 - Comprehensive Plan Analysis section). 1. c D As the surrounding property is entirely within the ETJ no property owners were notified of the zoning request. Numerous letters of suppon have been receives and six (6) people spoke in favor of the proposed zoning at the July 28, 1999 P&Z Publi-. Hearing. (see Attachment 5y PRIOR ACTIONlRLYIE\Y The following is a chronology of A-87 and Z-99-044, commonly known as Robson Ranch: May 25, 1999 I" Public Hea3ing for annexation June 1, 1999 2'd Public hearing for annexation June 22, 1999 1" Reading of the Annexation Ordinance June 23, 1999 P&Z continues PD Zoning Public Hearing July 14, 1999 P&Z continues PD Zoning Public Hearing July 28, 1999 Planning and Zoning Commission recommends approval of PD zoning, ESTIMATED PROJECT SCHEDIJL The concept plan approval is the first step in the Planned Development zoning process. The next and final step in the zoning process requires the applicant to submit a Detailed Plan for review and approval. 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 districts. P&Z SUGGESTED RECOMMENDATION The Planning and Zoning Commission recommends approval (6-0) of this zoning request with the following conditions: 1. The Robson Notebook, as revised and presented to the Planning and Zoning Commission on July 29'h, 1999, should be revised as recommended by staff. 2. That permitted land uses be restricted to those described in the notebook, entitled Robson Ranch - A 2,725 Acre Planned Development District in Denton, Texas, Revised for Denton Planning & Zoning Commission Meeting July 28`x, 1999, and presented to the Planning and Zoning Commission on July 28`,1999. 3. That development regulations and standards shall be as identified in the notebook, entitled Robson Ranch - A 2,125 Acre PIa.med Development District in Denton, Texas, Revised for Denton Planning & Zoning Commission Meeting July 28,h, 1999, and presented to the Planning and Zoning Commission on July 28'",1999. 4. That the Planning and Zoning Commission acknowledges that the city staff has conducted preliminary evaluations of variances identi led in the Concept Plan + A application. City staff has found that the variance requests have merit, and when more j specific information information is available, staff recommendations of variance approval are likely when considered on a case-by-case basis. 5. The request for variance to allow 50% of the trees planted to be less than the required 3" caliper, but not less than 1112" is recommended for approval based upon the unique prairie conditions of the site. (The request for relieffrom the J"minitnum caliper was 2. c u based on testimony that Indicated, due to unique soil conditions and a prairie ecosystem, newly planted trees may not survive. Although these statements may be based on scientific information, staff has not had the benefit of reviewing any data that would support those assumptions, lfthe applicant submits the proper data with detailed plans, then variances from the 3 inch minimum could be reviewed at that time. Additionally, if additional research indicates that unique soil conditions and/or ecosystems warrant deviation from the code, the landscape code may need to be revised in response to those conditions.) 6. Farm and Ranch usts, for the purpose of raising grain, horses and/or cattle, are permitted in all land use categories with the condit;on that the containment arwot grazing of cattle shall not be allowed within 500 feel of s residential structure and the containment and/or grazi:,g of horses shall not be allowed within 200 feet of a residential structure. OPTIONS 1, Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. S. Table item. ATTACHMENTS 1. Planning and Zoning Commission Reports June 13, 1999, July l4, 1999, July 28, 1999 and Planning and Zoning Commission Addendum July 28,1997. Z•99-C44. 2, Planning and Zoning Commission minutes from June 23, 1999, and July 14, 1999. (minutes from the July 28,1999 P&Z were not available at the time of publication). 3. Draft Ordinance Annexation 4. Draft Ordinance Zoning S. Public Support. y ~ vvtr h- Mark Donaldson Assistant Director of Planning and Development Prepared by: L` arfy eichhart Development Revi :w Manager r r~ r 3. ` i ATTACHMENT I 8 PLANNING'AND ZONING COMMISSIOI idiw- STAFF REPORT ADDENDUM S,~u J?ct: Robson Ranch (Concept Plan) I Case Number: Z-99-044 SStaf : Larry Relchhart, Development Review Manager Agenda Date: July 28,1999 July 16, 1999 Robson submitted a draft revision to the proposed development standards and requirements. (Staff review and comment began) July 21, 1999 Robson submitted revised proposed development standards and requirements. (See Robson Ranch notebook entitled ""Robson Ranch" A 2,725 Acre Planned Development District In Denton, Texas - Revised for Denton Planning and Zoning Commission Meeting July 28, 1999 ("Development Notebook"). (Staff review and comment continued, see Enclosure 1) July 26, 1999 Meeting between city staff (City Manager, Assistant City Manager, and Robson representatives) to discuss outstanding issues, July 27, 1999 Robson representatives submitted revised Development Notebook. July 28, 1999 Staff report addendum prepared, based upon revised Development Notebook. The proposed development Is consistent with both the 1998 Denton Plan Policies and Growth Managemei it Plan, and the Concept Plan documentation contains all required information. Staff is aware that Robson Communities, Inc. Intends to apply for variances as identified in the Concept Plan application. Development review conducted during the past several months has led to the conclusion that the variance requests have merit and, pending case-by-case review, staff will likely make recommendations of approval when further specific information becomes available, Staff recommends approval of Z-99-044 with the following conditions: 1. The Robson Development Notebook, as revised and presented to the Planning a Zoning Commission on July 28', 1999, should be revised as follows: a. Section 31.7, subsection 1) [page 38]: add to the end of the paragraph, 'Inter afio of this section wit! be decided during_Delailed Plan review." b. Section 34-99 5peclal Plannc+d Development Zoning Districts (page 46): revise the last sentence of the paragraph as follows; "We used Section 34-99, Sub-Secfon b, 2 Through 5 as a guide for the variances aNewed In fh/s sscfion 19 belilranled a1 Z?~-04! fSf Rr~~At 4 , c. i i to be reviewed on a casa-by-case basis." ' c. Section 34-114, Street Block Lengths (page 47, bottom of 11 column): Revise the sentence as follows: 'Maximum block length of 1800', subject to Fka Aepartwaat f review on a case-by-case bails. d. Section 34-114, subsection 16), [top of page 48]: Revise the last sentence in the paragraph as follows 'Fin: lane signage/marking must be approved by4k-r4e Uaraball during review of the first applicable Detailed Plan. and will be consistent in implementation for subsequent stages of protect development." e. Section 34-114(9), subsection d. (page 48, bottom of 111 column): Revise the sentence as follows: 'The maximum grade approaching an intersection shall be 4.0% for 60 feet from the Intersecting curb for exceptional circumstances, subject to review and approval of the Fka Ospadmant on a case-by-case basis." f. Section 34.123 Streetlights (page 491: Add under General Standards the following sentence: Vohting on the property shall be designed so as not to shine on or otherwise disturb su~ding reside V pMMft or to shine ornrofect upward to prevent the diffusion of fraht Into the night skv.' g. DRAINAGE requirements, Section 34-124 and Design Drainage Criteria - Denton, Texas 1990 [page 53, last paragraph]: Add language to the V sentence as follows: 'Without the level u; detail that Is normally present when a variance is granted, the City of Denton reserves the right to require compliance with the city regulations In situations where upon the review of Detailed Plans, plats, or construction plans, if becom s apparent that public health, safety aad os welfare may be compromised. In addition, add to the end of the paragraph: `The term variance, as used herein. shall not be construed to be a variance or modification as per Section 34-6 of the City of Denton Code. until specifically Identified es pail of an approved Detailed Plan or individually approved yarfence.' 2. '1 hat permitted land uses be restricted to those oascribed in the notebook, entitled Robson Ranch - A 2,725 Acre Planned Development District in Denton, Texas, Revised for Denton Plarming & Zoning Commission Meeting July 2e, 1999. 3. That development regulations and standards shall be as Identified in the notebook, entitled Rob:;on Ranch -A 2,725 Acre Planned Development DistrIC4 i Denton, Texas, Revised for Denton Planning & Zoning Commission Meeting July 281, 1999. 4. That the Planning & Zoning Commission acknowledges that city staff has conducted preliminary evaluations of variances identified In the Concept Plan application. City staff i has found the; the variance requests have merit, and when more specific information Is available, staff recommendations of variance approval are likely when considered on a case-by-case basis. 1 19?dLf! FSI Frytwi S rr ' i ~I i I 1 i I I i I move to approve 2-99-041 with the following conditions: . 1. The Robson Development Notebook should be revised as recommended by staff. 2. That permitted land uses be restrrled to those described In the notebook, entitled Robson Ranch - A 2,725 Acre Planned Development District in Denton, Texas, Revised for Denton Planning 8, Zoning Commission Meeting July 281,1999. 3. That development regulations and standards shall be as kientified in the notebook, entitles' Robson Ranch - A 2,725 Acre Planned Development District In Denton, Texas, Revised for Denton Planning & Zoning Commission Meeting July 281, 1999. 4. That the Plannii ig & Zoning Commission acknowledges that city staff has conducted preliminary evaluations of variances Idenfrfied in the Concept Plan application. City staff has found that the variance requests have merit, and when more specific Information is available, staff recommendations of variance approval are likely when considered on a case-by-case basis. 1. Recommend approval as subm trd. 2. Recommend approval with condigon3. 3. Recommend denial 4. Postpone consideration. 5. Table item. 1. Revised Development Notebook inserts (hand delivered to PdZ Commissioners on July ` 28°i, 1999)• k I t'9?OItAtRr~t b. + 1 M SIR PLANNING AND ZONING. COMMISSION STAFF REPORT Subject: Robson Ranch (Concept Plan) Case Number: Z-99-044 of : Larry Reichhart, Development Review Manager Agenda Date: July 28, 1999 4 Hold a public hearing and consider making a recommendation to City Council regarding a proposed concept plan for a Planr=d Development (PD) zoning district encompassing 2,745.51 acres. The property Is generally lnnted at the southwestern extraterritorial jurisdiction boundaries of the City of Denton, Texas and northeastern extraterritorial jurisdiction of the Town of Nortnlake, Texas, between 1.35W and Florence Road, and between Crawford and Lively. The requested rezoning Is for a Planned Development zone district with approximately 1,926.1 acres of resident al, 3.71 acres of neighborhood services, 662 acres c outdoor recreation and 1,0.1 acres of community service with 95.7 acres of streets, ROW and parking. y r _ 4 ~ ram OFF C III , n `o 1 ~ V SITE CRAM NatMak~ Mprl~ ~ r LOCATION MAP i Location: Generally located at the southwestern extraterritorial jurisdiction boundaries of the City of A Denton, Texas and northeastern extraterritorial jurisdiction of the Town of Northlake, Texas, between 1.35W and Floi ence Road, and between Crawford and Lively (See Attachments 1 &2) ( Size: 2,745.51 acres. tr0;1; R,,"r 7. 3 I II 1pplicanVOwner: Robson Denton Development L.L.C. 9532 E. Riggs Road Sun Lakes, AZ 85248 i July 16, 1999 Applicant submitted a draft revision to the proposed development standards and requirements. (Staff review and comment began) July 21, 1999 Applicant submitted revised proposed development standards and requirements. (See Robson Ranch notebook envied ""Robson Ranch" A 2,725 Acre Planned Development District in Denton, Texas - Revised for Denton Planning and Zoning Commission Meeting July 28, 1999 a ("Development Notebook"). (Staff review and comment continued, see Enclosure 1) As the proposed development is In compliance with both the 1998 Denton Plan Policies and Growth Management Plan and the concept plan and documentation contain the required Information, staff recommends approval of Z-99-044 with the following conditions: 1. The Robson Development Notebook should be revised as Identified in Enclosure 2 2. Only pages 143 (inclusive of maps and foldouts) of the Robson Development Notebook should be included in the approved documentation for the PD Concept Plan I 3. Variances from Section 34 of the Code of Ordinances should not be granted with the concept plan approval. 4. The Subdivision Ordinance Requirements section and the Preliminary Covenants, Conditions, and Restrictions (CCBR's) of the Robson Development Notebook should be removed from the "Additional Information" chapter of the development notebook. x"~ ~I move to approve Z-99-041 with the following conditions: 1. The Robson Development Noterook should be revised as Identified In Enclosure 2 t 2. Only pages 1-43 (inclusive of maps and fc!Jouts) of the Robson Development Notebook j should be Included in the approved documentation for the PD Concept Plan. 3. Variances from Section 34 of the Code of Ordinances should not be granted with the concept plan approval. 4. The Subdivision Ordinance Requiremants section and the Preliminary Covenants, Conditions, and Restrictions (CC&R's) of the Robson Development Notebook should be removed from the "Additional Information" chapter of the development notebook. Z J9 04L rsZ RP~A B. E i I 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend dental. 4. Postpone consideration. S. Table hem. sa 1. Staff responsestoomments 2. Proposed changes to proposed development regulations. 3. June 23, 1999 P&Z Staff Report 4. July 14, 1999 P&Z Staff Report 6. Draft Ordinance Note; Revised Robson Ranch notebook entitled "Robson RenW A 2,726 Acre Planned Development District in Denton, Texas - Revised for Denton Planning and Zoning Commission Meeting July 28,1999 delivered with P&Z notebooks. I r I a I z W-041 Piz w M 9. r ' .,r c LarryReichhart • Robson Revisions - - - - - ENCLOSURE 1 From: David Salmon To. Larry Reichhad Dole: MM 9:37AM Subject: RtNon :"Revisions I have reviewed the draft revisk ns, and they are acceptable to the Engineerhy and Transportation Dept.assuming the map they War to In the Alternative pad pion will be krdoed with the final version that Is adopted. I will be out for the remainder of the week, so I will not be able to review the final submittal. Jerry Clerk will be here H you need to run anything by him. CC: Jerry Clerk . I r~ r,r ' 10~ r (Larry Re hhart • Robson Landscape Comments_ From: None Munk ( To: Larry Retchhert Date: 7120199 2:16PM Subject: Robson Landscape Comments These comments are for you to told in as you see fit. Let me know If I should change the format for you to include my comments directly. 1. Should we require bufferyards between reeldentlel use and neighborhood sarvbe, community service, and outdoor recreation use? 2. On pg. 38 of Robson Notebook, Robson suggests only 50% of the 15 trees per acre shall be 3" callper. 1 expect a number of small ornamental trees wlll be used extensively for underetory trees to shade trees. Should we request a minimum size be stated for N 50% of trees that will be emaner then 3"? 3. City staff shall" review and approve a detaned plan for repasUng theme landscapes for the private areas as well as for public areas and public medkns and ROW. (Parks staff will be interested In the plant pallette for public ROW and medians they will maintain).... FM 2449, Florence, Crewiord,and Lively Roads? 4. In fieu of standard shrub screening for perking lots, I suggest the planting of shads Voss. The senior citizens who drive the golf carte for transportation would appreciate shady parkkV lots. If the traditlonal shrub screening Is to block headlight glare at not, there are probably fewer night drivers then daytime, warm weather golf cart drivers. 5. Pg. 39 states no review and approval of Irrigation plans shall be required. I suggest adding these statements to the landscape plan. ALL LANDSCAPE AREAS SHOWN HEREON SHALL BE SERVED BY AN UNDERGROUND AUTOMATIC IRRIGATION SYSTEM THAT COMPLIES WITH THE CRITERIA SET FORTH IN SECTION 31-8(2). AREAS WITHIN THE PROPERTY THAT ARE LEFT IN THEIR UNDISTURBED NATIVE HABITAT ARE NOT REQUIRED TO BE UNDER IRRIGATION. CC: DGMITCHEi JHSTIGGL i C 'J I i I OE QN CITY OF DENTON, TEXAS Memorandum To: Larry Reichhart, Development Review Manager From: Rick Jones, Fire Marshal Date, July 21, 1999 Subject: Robson Ranch PD The following comments are in response to the revisions received July 21, 1999. 1. Private water system must provide minimum fire flow per UFC 1997 Appendices Ili - A and fire hydrant. to comply with Appendices III - B. (Hydrants not to exceed 600' spacing in residential and 300' spacing in commercial). 2. Private fire hydrants and fire water lines must be permitted, plan reviewed and f inspected by the Fire Department. 3. Gates must be equipped with Opticom operated battery back up and key pad override. After meeting with Dallas Paulsen on Jnly 2na the majority of our original comments dated July I" have been satisfied. The Fire Departments major concern at this time is the type of water system planned for this development. A private water system will require permitting and annual maintenance tests witnessed by the Fire Department to insure fire protection. The Fire Department feels comfortable with the Planned Development proposed by Robson Communities. i J A r r; 217 WEST MoKtNNEY STREET DENTON, TEM8 71401 OFFICE (141) 249.6110 12. FAX (W) 2441100 I 07/22.33 20: 16 ZW3197334 1T1L1T1ES uu1,su2 !'ax Coasr Sheet Deb 7 a -lq We we tranemit~6 ~ peplN Dtis m a te~erlpap. M Neese: f r P1 j Cmv Y.- Fax Number: 7 70 FAA, Name: M 4 pepartmme f Phase Number. PARM if theft att any prvbWas Mth We U%namisslev. Plesm tall the dePWU"At Phone number abets. C23Y OF 31OMM PAZ 1~ A ese~ ' 3494 -236 L+k~ AcmuaKe6 19101349.7 69 oompel c"n ' U9 He91 eve 04034 79 piss"s • 1 13198 96 31st Nea ogel" IP16) 09106 rise. 119-T 941 16 A 19w1i19M212 . 11sea6ruars+t flosote 1P4q 9 tr 3bM ea e 4 ,1a 19"e1 P• Numbn 1t0setYets I ~ l20 lefeemeflee 19101 3 6t1f 31set T 6 9teYftea ~ • ~ 1 lept 19101 62. 937 t A _ y Treamwat PLse 1 ~ . 131 a E 20; to 01103 lw-i6e . P R O P O S 1% •D P. D. Z O N I N c., Subdivision OrdWnce Rnuirements %Wtta'v~ d rigt-of-wa or 10 4. Private nature ofthedevelop at any point o mentdoes riotregwreDevel• ermOted open w 1tA th' across a kcal Street intersec- except for a fo ow ng don provided the intersecting co itions: all culvern lo- street crown is flattened for cated in any public right•of- ridability. At Developer ways of In she first live bun- and/or develope?s engineer dred (S00) feet ofprivate road discretlon, there may be from the intersection with a single valley gutter at public road will adhere to el. midblocksoflocal streets and 'her the City of Denton or collector roads. Denton Coumy apeacatlons and regWatioos, lependinS 8. Based on the private chusc. upon the Sovernmembd rw ter and maintenance of the of-way, the culverts are to- development. diepipe system sited widAn. The five hun• will be designed to ns,~et RCI dred (S00) feet of private road considerations and the roPtow. will be measured along the ins conditions Set by the city centerline ofthe private road. of Denton: way beginning at the a) Pt pa sines and maters- centerline of the public road- &1s shun be at the discretion way of the owner for all drainage . systems sass t1r ted with the $ . Deteati n facilities are gener. + golf course and detention ally located on the Soil pond facilities. courses )r open Spaces and b) All pipes draining the will t e designed for a size street right-of-way or other d shape to be appropriate property not associated with or lotelmoon with thw fa• go/4s) the golf count shag meet dhWe. The Developer and/ 004 ci a regulatio Al or the Home Owners Asao. a eve op the dadonwill msiata"than de- developer'senSlnetn'diacte• tendon fadlitiee. The 100. don, the storm drain •pe =4 year evtat shag be used to teews w411 be PVC determine der detention bolo CP of E s s t ~fres Iy SMAt dtyofDenton etandoa raeiltda all b in sifts up to and Ircluding designed to that nay addi• 48' In diameter. dooal rurtotl'genarsted by the d Pipe systems eon~ey- proposed developatent ill , ing offslte runoff through the no: increase the amount of h , golf count shall tweet dry of egal discharge for storm Denton ►torm volume r0So- frequencies fromtheAAvvreyyeer ladom to ire ene•Fumdnd-year stood u outlined In the Drainage Doelgn CdWW. All deter. st ' VQ••~ ENCLOSURE 2 ilk l N T R b D U C T 1 O N w 4 #GAA The owner and developer of Robson Ranch Is Robson Denton Development, L.L.C., one of a group of companies, sometimes collectively referred to as 'Robson Communities', engaged primarily in the devel- opment, construction and mar. keting of golf resort 'retirement communities'; that is, communi. ties intended for occupancy by at least one person 55 years of age or older in at least M of the homes, and no permanent resi. dent under 19 years of age. The corporations and partner. developer, of Ranch ships that comprise Robson pitoject. Communities Include: Robson Communities, Inc„ a manage- The companies which comprise merit services entity; Stn Lakes Robson Communities together Marketing Limited Partnership, constitute the Iagpw privately- the developer of Sun Lakes; owned "retirement community" Siddlelrooke Development developer In %be State of Arizona, Company, the developer of and with over 1,000 employees SaddleBrooke Resort Commu- comprise one of the larger pri• nity; SBO Development Com- vale employtrs in the state. The pany, the developer of SunBird PhoenixSusinessjoumal ranked Resort . Community; Robson Communities as the 16th PebbleCreek Properties Limited largest rrivately held company Partnership, the developer of Iathe state of Arizona,and uthe PebbleCreek Resort Community-, 10th largen homebuilder In the Sun Lakes Construction Com- Phocnixsrea. Thecornpaalesare piny, SaddleBrooke Construc- managed and controlled by Ed- don Company and PebbleCreek ward j. Robson and members of Construction Company, which his family. Recent annual sales provide constructitso services to exceed 1,000 homes a year, with the retirement communities; and cumulative sales in its various Pima Utility Company, comnunities exceeding 10,000 Saddkdgtooke Utility Company homes. r ! 1 ` t and Lago del Oro Water Com- pany, which provide water and While may developers are only J ~f sewer services to the Sun Lakes nowditmveringthetrend toward Il and SaddleBrooke area. Robson master Manned resort communi- i 4 15. e R _0 P O S E ''D P. D. Z 0 N I N 0 o Goal q; the development phasing of Coordinate the timing and Robson Ranch. phasing of the planning sub- areas to insure adequate pro- Policy Sa: Utilize the plant vision of public services and list from the City of Denton facilities for new populations. and other droug:.t-tolerant This Includes, but is not lim- plants for landsc: ping In golf ited to: sanitary sewers, waste- courses, open spaces and col- water treatment facilities, do- lection roadway landscaping. mestic water supply, power, telephone, and gas, flood con- Policy Sb: Runoff detention trot, solid waste management, facilities to be provided ad- cable TV, police, fire protec• jacent to and In washes and tion and emergency health golf courses to minimize de- selvices. velopment Impacts to down- stream flows. Policy 2a and 2b: Wat,~r and sewer services will be pro- Policy Sc: On-site grading vided by the City of Denton and drainage design will In accordance with a separate emphasize the detaining agreement between the De- Aormwater on golf courses veloper and the City. The for metering now from the terms of the agreement are site. currently under negotiation and shallbe finalitedwidrA D. TRAFFMCIRGVLOMON f"44al. Ste' Establish a comprehensive l Policy 2c: Effluent disposal and long range circulation from the Wastewater Desk- system within the eommu- mentPlantmaybeutilized for pity. golf course and open space ir- rigation. Policy W Set design guide- lines for collector roadways Policy 2d: GoV courses will and local streets that empha. be used for detention and else safety, convenience and storm water runoff from site efficiency for both residents development to mitigate and visitors. downstream and offilte drain- i age and flood contts-l Im• fiw3; pacts. Present a quality Image and sense of community to fell. coal 3: dents MO vis1t0rL A water conservation pro- gram to be implemented In Policy 2a: Provide a quality visual experience along road al 16. { 1 i P R O P O S E*D P. D. Z O N I N G Drxsm R50.4M) MS This Planned Development Dis- tdct is composed of primarily resldential uses. The success of this project depends on the flex ibility to blend product sizes within the same parcels and to move densities throughout the community in response to mar- ket changes. This Planned De- velopment District will not Iden- tify specific product sizes or den- shies in specific parcels until the detailed plan submittal stage. The concept plan Is the guide for the overall project density which is identified as follows: Maximum Gross Residential Density - 4.75 du/ac. Total Humber of Residential Units -7,SOO ;M"Ilanned-Deveiep+hee!-Bfi- the Sp9so is exten fat As pt*"AlbtrdJesskd'sx Pew Itseiv OV aegtrferet This Planned Development District permits density transfers within the boundaries of thb project and future acquired tracts, so long a the maximum gross density is not exceeded, The total number of units Includes all residential lard use categories Identified in this t " A. p PI weed Development District - 1?' SF4 SFP, SM SFV, and MF4, 17. ( i A P R O P O S E D P. D. Z O N I N G R,6at a,..lat City of Denton ordinan:es that allow this project to be successfully developed and income the uset to the community that Is envisioned. The unique parameters and inherent character of an active adult commu- nity 13 reflected in these development standards. The following proposed standards relate to the City of Denton Zoning Ordinance. ZONING ORDINANCE REQUIREMENTS The following standards will apply to the five categories of residential uses for the Robson Ranch Planned Development District: Article III Areal Height and Use Regulations ReddendAlSandudi Land Ueo Category SFL am 3FC 3Fv 1011`2 (Sulk Famty (SinSk Ftntly (SInSk Fan dy (Stn Pk Fvaty (Mold Family W wy) preetiac) Cahn) vttd Too) "Almon 1i0o IF. 1000 S. F. 3003. F. 100 S.F. 3003 F. eweBlss Udl 91" Maabnam do'. Me:vin 60.2%9 arka 6O.14 totter 60. 2N toter 60'•3sorin 1101111 torlas Howasm Lot sin 1030 S.F. 60003F, 4400 S. F. 300os,F. WA no. Let wialk yO 60' 33' 30, W A ' NO. lot beya Ili, 100 10' IOM WA "is, FroI Yard I4' Wat bat 71' from bwt 11' ltom tuc4 14 from back 14' (ram br4 4 ~WJ rot r Setback of CA m of orb in ul wb lu of CAD n of CA k) y I tinny vet 1V 0, Ins via Was me 4(, a.inS rote ~r twins 6\4 'V 'I 20 from twk 20' from bat 20 from Fat 20 from back 20' from bad Stae W Z1Y P ercub w fav of tub u twt of CA to face of Curb to We of brb in face I of Suet to ay of kohl Cray ofkonienay of fort tatry of aunt entry Wktt``M e4eir tf Score Samst latest Past Sarut gteA-~x kta.aide Yard S'Setetkv 3, In ieriw 5, In tufot S'tatedor WA t) Setback IO areal aide 10' Sttod 340 10 Stmt sale 10 lint 3w Career Caller Corner Career "a.p or Vera W lo' to, 10' WA I ' setbo<k MosYmm Bids. boa 604 60% 60% WA Coverage hrldq heddert 29t2t'af 2wy Car ICar Owlish 2Car amp EWA dt Oryt Orye / A / meq WA WA WA I r M WA an dreatante ( See the next section to amplify the ii,(urmaidon in this table. { i ~ lea C #sop 117 : P R O P O a F D P. D. Z O N I N G , Zoning Ordinance Regv:remer-ts YAW C~N&o vided at a ratio of 1 space per DIVISION a USE PEGuLAnONS 250 S.F. or floor area because of the number of golf carts Section 35.66 Speclal Area and used for transportation. Use Regulations 5} The licensed private clubs in 4 canopies, balconies, fire. this project will be adjacent places, bay windows, air condi. to residential areas and may tioners, eaves and minor aechitec- operate with no distance re- tural features may intrude In the strictions. uea between buildini Build ings maybe located 10 apart and 6) No fences will be required be have window, light or air open- tween the licensed private Ing$. clubs in this project and adja- cent residential properties. Section 36.76 DeBnitiona and F>cplanatlons "On Frem/sevra/eolbserAa& h ac.riaO. All roadways within the bound- b) Sales and consumption of al- arles of this project will be class- Cobol may occur withln the fled as private and the Developer deslgnated sales areas, such as and/or Homeowners A swK lation clubhouses, lounges, restau- will be responsible for all main. rants, golf courses, patios, etc. tenance issues. There will be two Subject to On approval of she classes of private roads, Major Texas Alcohol and Beverage and Minor Spine Road, which Commission. will be referred to as Collector Roads and the remalning roads c) Paved parking All be pro. will be classified u Local/Resl• vided at a ratio of 1 space per dential.Floreece,Crawford and 250S,F.offloor areabecause Lively Roads are classified as of the numbrr of golf carts public collector roads, u recom- used for transportation. mended by the city of Denton, All public streets will be designed e} The We of be", wine, or d and constructed under the ■ppro- coholic beverages may occur priate governmental standards adjacent to resldential areas and regulations. The only Atte• with no distance restrictions, rial road Is FM #2449 In this uea. 4 No lances will be required be- 11cenradPHssade42b„ tween areu of alcohol sates I 2) Sales and eoruumption of al- and residenW properties. 4;. Su~ ~Ll.~ i cohol May occur outside and a 5 ° away frm the clubhouses or or W,70 JA ! from -re)QS mcjo~rjk b ulldin and comma sty activity If a restaurant, private club, o4.1d) 'twat ~ C Cew,aws%SSt*A gsti, R 3) Pave parkin` will be pro- ~ 19. i i it II i P R O P O S E D P. D. Z O N I N G Zoning Ordinance Requirements 9Cle. G....atn ' temporary sales facility is located ground storage tanks). within or adjacent to a resi6en- tial area, there shall be no dis- tance, fencing or sales restrictions. ARTICLE IVP,DrPLANNED DEVELOPMENT T)rSTRICTS Las Section 35.91 Area Regulations DIVISION 1 (4(2)g Front yard setbacks will SIGNAGE be twenty (20) feet from the back ~Tt.1ttc~ o cur to t!e face of the front Seetion35l4. entry garage, and fourteen (14) The following s ■8e plan plus- feetsetback fromthe back of curb trates the general location and to the living portion of the dwell- conceptual tmage$ for signage for In& If a garage has a side en- this project. Changes will occur, trance, then the minimum setback and revisions will be submitted from back of curb will be four- with the detailed plan submittals. teen (14) feel A detailed signage plan for dds project will be submitted with Section 35-93 Acceuory Build- each "Detailed Plan' submittal. Into xbfs-plea +w4ii Le-eeaewei+ed (3)(L) Air conditioners, fireplaces, 44{epave* Revfew tank nklee 1 bay vAndows, brdconia, and other projecting features mtr 12--m+Lpp+ project Into the tide yard setback area. DETAILED PLAN Section 95.118 Minor Amend DIVISION 6 TEMPORARY USES meats to a Detailed Plan Upon request of the applicant, the Section 35.132 General Provi• executive director of planning sions and development, or his designee, may authorise amendments to a A one•''me permit w ll be issued detailed plan so long as such ml- for the duration of the project to nor amendments do not change allow for both constructionfadli• the land use or substantially ties temporary offices, and con. change the character, develop- struction material storage areas. ment standards or design of the This permit "i allow for the pe- development as shown on the i ' A r riodic relocaion of these tempo- Detailed Plan. For purposes of i rary uses, f needed, except for this provision, a "substantial any and all hazardous material channgte" shmerease nse umber I storage, which will re juire a per mit for each and e•o ry locatlun Vthll~kna d dwelling uniu more for any And ■n installations (above Increa se frrooymthe sp• 2 0 . 16 jh'pt st,4tS 10x1 T'iGN'1 I 10 h P R O P O S E D P. D. Z O N I N 0 { 'A©0~ Zoning Ordinance Requirements proved plan; Increase the floor. to-area ratio, site of structure, Wherever I%o or more land uses height, lot coverage or number of coexist on one site, theft the kass rsieS stodes or buildings to as to be out restrictive patking standard will of compliance of the require- be used. menu of this PD Ordinance; re- 18) One space for every 250 sq. duce lot, yard, or space size; de. R. of floor area, due to die num- creasetheamountofrequired off- bee of golf carti used for trans- street parking spaces as approved portation by this PD Zoning; change types of buildings, setbacks, street ac- (e)(4)d. There is no maximum cess points if it contradicts the proximity requirement bmtween traffic report, or lots unless It Is a the building and the parking density change within the De- spaces due to the campus style of tailed Plan ores; or increase den- development in this project, city to no more than 5% of the detail approved on the original Section 35-348 Noise and Odor Detailed Plan, change traffic pat. terns If the change Is In conflict The following odor emitting land with the traffic report or alter ba• uses are permitted in this P.D. do reiationshtp of the proposed any uses that relate to water and development to adjacent proper, sewer treatment and associated ties, pumping and piping facil Ides. This will apply to Section 33.176, as well. PAIMINci LOT AND SPACE REQUIREMENTS Section 35.301 Vehicle Parking Reguladosu i r A~ ! fr+, 21. I I i 6 O P R 0 P 0: E 'D P. D. Z 0 N I N 0 tt 1#;RIF Undatape Ordinance Requirements Alm d""Wwn The City of Denton ordinance number 98.100 defines the level of mandatory landscape Improve- 2) Land Requirements menu and preservation, Rebson Communities mandates a certain a) Planting Area • Due to the ex• level of landscape enhancements tenslve amount of golf course and to ensure the success of their open space on this project which projects. Robson Ranch will re- amounts to 23.6% of the gross spondtotheordinarceInthefol. area, the 2896 egylremcnt Is lowing manner for this project: w0to - s P 1% tttJJ 3) Street Dees (reserved section) ARTICLE L GENERAL The'pend►ng` Gssnpreisetts4e Section 81.4 Applicability stg-ee~++ke+e+ertte-tiset- 1) An aerial photograph will be a4eusl~app.evedlrr provided to lllust: ate the low level 00 - A -F of existing tree cover. This site (REMOVED SECTION 31.6(6) has minimal existing trees, so It tree Inventory is not applicable. Landscape plans will not be re. ARTICLE III. LANDSCAPE qulred prior to clearing and grad- REQUIREMENTS Ing, due to the lack of tree cover on this site. Section 31.7 Specific Landscape Area Requirements ARTICLE IL TREE AND LAND i) Parking Lot Screening and PROVISIONS Landscaping • Robson Ranch will 0jew to the Perimeter Screen- Section 31-6 GeneralProvWOna Ing section as It rends 1641 ?ln j=om lht ub6c of nt " aud 1) net Requirements +r I w thin Ave hundred (500) f of ~tfG4Sston ~'Tl~+tl l-r' a} trees • Robson Ranch shall public ti ht-0f-wayulo is a ~>ai w'4l( p;A Sttt bei provide trees st aratio of 1S trees teen ng s e r fromthe i per acre with 50% being smaller visibility of the buildings within Obaw Mdt'&U ' than the three (3) inch caliper. a complex which Is part of sRld r r This helps balance the extensive arking loL i ' -4 • av• 4 a ~tJ-1tttS amenity program necessary for •p~+. '3 the success of this project u well 2) Outdoor Storage Screening es the 99 acres of open space that Robson Ranch will comply. a V e Q~u-~(PR1 exceeds the gross area require- (REMOVED SECTION 11-11) `Q~1n w`I, 6e meets of 2096. Ciae-tees-eet} Dr lion = r I rz~~t , (7 J_ 22. e I ti c- I i c, II! III i ICI I . P R O P O S E•'D P. D. Z O N I N G Landscape Ordinance Requlreme b AICAtU~C ~p~tn ~l~ ~ -VA lwARTICLE. IV. 11 and Eo demon ~r1e~e'the pro ~c p~ ADMINISTRATIVE REVIEW theme to be canted throughout AND PERMITTING the project Nis doi%ikd lom' "a PIMA will 1 % I WE W. The Interior roadways and out- p tfvak* eeu. f door recreation are" are all pri• f vate, consequently the following c) Irrigation Plan - TleirrigrNen plan submissions perW n only to planHVi ye the private sectors or this entire poejeet, (sits protect. d) Review and Approval of the Section 31.9 Administ ration, Landscape and Irrigaton Plans. Review and PermttlinL NA tevk+rend i -wliF ie ~ 1) Plan Submissions e) Plot Plan • No landscape piano a) Dee Inventory Plea -An&trial will be required in conjunctior photograph will be submitted to with t'~he pp1Qt p n. at). lIlwtrate the existing low level of s'CS1tta~1{~a1 0 A w N 5pp~ tree cover. Tree inventory plans Sec. 31.10,31•l1,3!•l9,31.13,•~ { will not be required for this 31.14willnota lytothloproJect e,tt1 project. except for public rights-of-way 668,1. within the City of Denton City b) Landscape Plan • A concep• Limits, tual landscape plan for the areas ' In private right-of-way will be submitted to demonot,cte sub- stantlad compliance with Article s eo r TYpice.~ irrcistihod r1~ 1 SF1I4~l I' 4th `Ilv ` ca~u~`t~ (II~SUe& 'Q~ 4o w-it4 e 4j1 Itri~~ ~w Cowte~rs:t w~ 4LA QTQZI tytT'1tA~hY t'trJ~F• ni• s,/ f l.n~l b~ COAMSJ.JJ to TMs ~r Ga+tteQ •t+•at (Z•tjSt~~t %Y su6 w,.`t•1~ r ' j 23. 19 a t: P R O P O S E''D P. D. Z O N I N G Parks and Open Space Requirements R.6w GrMdin The terms of an agreement re- garding compliance under the parks fee ordinance Is currently under negotiation and will be A. ndiaed prior to t~•, At~w.~ . The floodpltin areas on this proJ ect are privately maintained and will not be dedicated to the City of Denton. a l ~ I I 24. 40 rrrarr rin; C t oar C O N C r. P T P L A N , MN ORONO" There are two raulti•family trace 81. able 110 0 !-!a for located odjacent to Crawford 4salehbeeheed sewiee tnr►,-slsetr Road and near the two entries to Robson Ranch. 'Dt~uus + ^~a~w The residential item will be de. velo ed to 11 oss Communith Serl4ces Uses g~/ Oro .,dessi cap of 2,75 du/scsi4zn a (Cs) maximum number of tesident!al unittof7,500unW. it+eMlgw Robson Ranch will kccorrunodate a variety of community service uses that are listed Inthisiubmit- also# Various utility uses and sup- port facilities such to churches 1 ~Pf and water treatment facilities are Specific lot arrangement, lot set included In this category. ing, street patterns, and locations of facilities are not Identified in Oatboor RucreatioK Uses this concept plan and will be de• tailed in future submittals as de, (ORl velopment plans and detailed plans, according to Article 1V, Robson Ranch has three 18 hole Sec. 33.151 District Plans, golf courses pio ted which In eludes three clubhouse areas with I" ~ extensive community and recre- NeYjwrW Service Uses stion facilities. Existing (NS) drWnageways are being Incorpo- rated into a community open The neighborhood service areas space system. sore located on Crawford Road Golf Cart Paths and jogging and a earthe malnentryand on Lively walking trails will link the varl- Road at the northern entrance to out neighborhoods with the Robson Ranch. The purpose for project amenities. these setice area are to se rve the neighborhoods and resident with These amenities stA recreation shopping and to provide small areu, uwc0 as maintenance and employment centers. The ; er• support facilities for the tecre- mitted uses for these areas are atonuset, are included in this Identified in this Planned Devel• land use category. h' % opment District submittal eel Mend 25. 41 ENCLOSURE 3 PLANNING AND ZONING COMMISSION AgendaNa-.~2-C- STAFF REPORT Agenda hem Subject: Robsun Ranch (Concept Plan) , Case N1,tmber: Z-99-044 §jjff: Larry Relchhart, Development Review Manager Agenda Date: June 23,1999 i 40911 P.VSEy..' a:a. Hold a public hearing and c,nslder making a recommendation to City Council regarding a proposed concept plan for a Planned Development (PD) zoning district encompassing 2,745.b1 acres. The property Is generally located at the southwestern extraterritorial jurisdiction boundaries of the City of Denton. Texas and northeastern extraterritorial jurisdiction of the Town of Northlake, Texas, between 1.35W and Florence Road, and between Crawford and Lively, The requested rezoning is for a Planned Development zone district with approximately 1,928.1 acres of residential, 371 acres of neighborhood services, 662 acres of outdoor recreation and 14.1 acres of community se Ailce with 95.7 acres of elreels, ROW and parking, I I t a SITE i 1 auwr I rJOrtlY:ake Ae pr U LOCATION MAP , Location: Generally located at the southwestern extraterritorial )urMction boundaries of the City of A, Denton, Texas and northeastern extraterritorial jurisdiction of the Town of Northlake, Texas, between 1-35W and Florence Road, and between Crawford and Lively (See Attachments 1 &2) Size: 2,745.51 acres, 199 041 Pat Report , i 26. t i Applicant: Robson Rench Denton, LCC,' Owner: Robson Ranch Denton, LCC, A Delowaro Limited Liability Co, A Delaware Limited Liability Co. 9532 E. Riggs Road 9532 E. Riggs Road Su,i Lakes, AZ 85248 Sun Lakes, AZ 85248 0p d- ~4 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 slmlhrland uses. They are also meant to encourage flexible and creative planning to ensure the compatibility of land uses, to slow 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 bulldi% 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 h13todcal buildings, structures, features or places. There are three (3) types of plans that may be used In the planned development process; cco.bpt I plan, development plan and detailed plan. CONCEPT PLAN - This plan Is Intended to be the first step hi 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 proVAed on th.e concept plan, plus details as to the specific land uses and their boundaries. DETAILED PLAN - This plan Is the final step In the process and Is required prior to any development. For smaller tracts or where final development plans are otherwise known prior to rezoning, the detailed plan may be used to establish the district and be the only required plan In the planned development process, it will contain information specific to the site, All detailed plans should be in substantial compliance with landscape, r,;gn, 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 W 041 Pg.' Repo t 27. i i I Fhe developer Is requesting a Planned Development (PD) zoning district clasul ication for a master-planned resort retirement community on this 2,745.61 acre property. The concept plan chapter of the application notebook ouUlnes the proposed uses. The five single-family and two multi-family categories of residential uses will be developed to reflect an overall gross density of 2,62 dulacre with a maximum density of 2.76 du/acre and a maximum of 7,600 residential units. The remaining uses Include 371 acres of neighborhood services, 662 acres of outdoor recreation and 14.1 acres of community service with 95.7 acres of streets, ROW and parking. The permitted uses In each of the land use categories are Identified on pages 27 - 31 of the application notebook. Density requirements and development standards for the development are listed on pages 32 - 34 of the application notebook. The proposed Robson Ranch Planned Development District applica':'n (application notebook) Is a very complex document and a number of items are still unresolved at this time. Staff believes that all the outstanding Items and Issues will be resolved. Prior to all issues being resolved, staff recommends that the public hearing be opened, that the project be reviewed and Issues discussed prior to the public hearing being continued to the duly 14, 1999 Planning and Zoning meeting. This will allow the applicant and staff the opportunity to satisfactorily resolve any outstanding Issues. The following is a preliminary outline of the outstanding Issues. Please note that a number of these Issues are included In the outline for Informational purposes only, For example, the land use categories and the comparison too typical permitted uses Is Included to Identify the deviation from code, which a PD allows. ROBSON RANCH STAFF COMMENTS FOR P & Z CONSIDERATION Proposed Permitted Residential Uses that (per SF-71 raoulre a Specific Use Pgfmit; • OH Street Remote Parking • Microwave Tower • Private Gott Course • Stables • Swim or Tennis Club Proposed Permitted Multi Family Two Uses that leer 2F1 regulra a Specific Use Permit. • institutions of Rellglous or Philanthropic Nature • Nursing Horne, Residents Home, Extended Care for the Aged • Library • Microwave Tower • Private Golf Course • Stables i • Swim or Tennis Club ! A i, f T 99 041 PU Report 28. Proposed Permitted Neighborhood Service Uses that (per N Uea re a Specific Use Pgrmltd • Radio, Television, or Microwave Tower Water Treatment Plant • Parking Lot • Antique Shop • Cafeteria • Restaurant • Retail Stores and Shops greater than 4,000 SF Prooosed Permitted Neighborhood Serllce Uses that (per NS) are Not Permitted: • Auto Laundry • Gasoline Service Station • New Auto Parts Sales Stores • Auto Painting and Body Repair • On-Premises Sale of Beer, Wine and/or Alcohol • Off-Premises Sale of Beer, Wine and/or Alcohol No comparison for the proposed Community Setiice and Outdoor Recreation categories was made because our code has no comparable zoning. VARIANCE REQUESTS NOTE ITALICS REFERS TO EXISTING CODE INFORMATION AND/OR REQUIREMENT • WHEN 'SECTION NUMBERS ARE USED THEY REFER TO A SECTION Of THE CODE OF ORDINANCE • PAGE NUMBERS REFER TO THE ROBSON APPLICATION NOTEBOOK • BOLD TEXT INDICATES A STAFF CONCERN OR COMMENT, NO COMMENT INDICATES THAT AT THIS TIME STAFF SUPPORTS THE VARIANCE REOUEST. Section 35.91(0(2)g The minimum front yard setback In a planned development district shell be esfabfished by the final plan. Proposed - Front yard setbacks will be 20' from the back of curd, and actual living area may project Into this setback a maximum of six (6) feet, If a garage has a side entrance, then the minimum setback will be fourteen (14) feet. Section 35.154.1 (signage) Code requires PAZ or City Council approval of deviations from general sign standards. Proposed - Staff and/or DRC review and approval. Section 35.301 (parking)(e)(1) When two or more uses are on the same s fe code requires the total parking requirements shall be the sum of the parking requlreme )is for each use using the highest minimum parking requirements applicable. Proposed - the least restrictive parking standard will be used. r Proposed - one apace for every 250 SF of floor area (for all non-residential uses) due to the umber of golf carts used for transportation. Z 99 oat W Remit 29. c i 35-301(e)(4)d - Required olf-street parking space shall be within five hundred (500) feet of the building or use served end shall provide convenient pedestdan access to the building or use befng -erved. Proposed - No maximum proximity requirement between the building and the parking spaces due to the campus style of development In the project. Section 35.328 Nt.'-,e and Odor Propused - The following odor emitting land uses are permitted In this PD - any uses that relate to water and sewer treatment and associated pumping air piping fecilitles Landscape Ordinance (Chapter 31) 31-6(1)c Trees code requires 15 frees peracre Proposed - Ten (10) trees per acre (Staff recommends 15 trees per acre for the entire property) 31.6-6 Residential Subdivisions - code requires 15 frees paracre within the entire subdivision. Proposed - Robson Ranch Is a master planned community and not classified as a residential subdivision, consequently will not be subject to 15 trees per acre requirement In the residential areas. (Staff recommends 15 trees per acre for the entire property) 3f-7 Specific Landscape Requirements (1) Parking Lot Screening - parking lots greater than 10 parking spaces are requirod to provide perimeter screening. Any parking lot greater than 40 spaces is required to provide "inferior landscaping"(isfands, peninsulas, medians...) Proposed - Robson Ranch consists of private streets. The developer will provide landscape buffering and screening consistent with their normal level of amenities and will not be required to comply with this section. (Additional Information on the level of landscaping proposed is needed prior to a staff recommendation, at a minimum - where parking lots are visible from off site or are within 500 feet of a public road screening per code should be required) 31-7 Maintenance - Code requires that property owner and/or agent shall be responsible for the maintenance, repair and ropfacemenf of all requiredlandsceping. Proposed - Robson Communities are maintained to a consistent high level, consequently Robson Ranch will not be required to comply with this section. (Staff recommends that this variance not be granted - all required landscaping should be maintained, repaired and replaced if needed.) Artlcte IV Adnminlsfrafion Review and Permitting Section 31.9 (f)a, - code requires a free lnvenlorypfan. Proposed an aerial photograph will be submitted to illustrate the existing low level of tree cover, , Tree Inventory plans will not be required for this project. A 1 i 2 " C41 P91 Repvl 30. t Section 31.9(1)b. - code requires a landscape plan. i Proposed - A conceptual landscaping plan for the areas in public right of way will be submitted to lemonslrale substantial compliance with Article 11, but no detailed landscape plans will be required with this project. , (More assurances than a conceptual plan demonstrating substantial compliance Is needed, what mechanism does the developer use to hire landscape contractors? Typically, some type of detailed plan Is given to the contractor so cost estimates can be developed and so the contractor knows what to plant and where to plant it. If plans will be developed the city should be able to review them) Section 31-9(1)c. - code requires an Irrigation plan. Proposed - No irrigation plans will be required for this project (if irrigation is proposed then at a minimum, the proposed method of beckRow, prevention should be reviewed and approved by the city) Section 31-9(1)d. - code requires review and approval of landscape and irrlgallon plans. Proposed - No review and approval process will be required for this project. (See comments above) Section 31-9(1)e. code requires tho submission and reviewofe plot plan (consistent with the landscape plan and shows limits of grading and clearing, Indicates specific lot drainage, It detailed site, landscaping and constmclion plans ere submitted, the requf-ements for a plot plan may be waved.). Proposed - No landscape plans will be required In conjunction with the plot plan. Parks - The Park Dedication Ordinance (98.039) Is InOnded to prm-Ide recreational areas In the form of neighborhood parks as a function of subdivision development In the City of Denton. There are two distinct components to this o,-dinance effecting residential subdivisions of five (5) dwelling units or more - park land dedication and park development fees, Proposed - The City of Denton Park Dedication Ordinance Number 98.039 shall not apply to this unique project because of the resldel.t demographics, self-sustained character of the community, and minimal impact on municipal parks and recreation facilitles by the residents. TRANSPORTATION RELmEc ISSUES a VAP!kNCES; a Section 34.114 (Pg. 45) - Perimeter Roads - The proposal Is for Improvements to Crawford Rd. and Fiurence Road. (Staff recommends that Lively Rd, also be Improved.) • Section 34-114 5)c)3) (Pg, 45) Proposal states that the project Is excepted from the perimeter street provlslor i. (This statement is in direct conflict with the above statement end clarification is needed) r a Section 34.115d)3)e) (Pg. 47) regarding acr,,ess to arterial streets A, Statement d)3)a) proposes that two or more driveways are allowed for this project as long as the design meets all safety standards. (This statement should be clarified (112 or more" Is pretty wide open) or changed to Indicate that Its subject to city standards.) 2 W 041 PAZ Report 31, i i I • Pg. 47 V column - 2) ~ Statement Indicates that one-family and two-family driv.aways shall be allowed to connect to collector streets, (This statement should be modified to add "except perimeter collector streets".) • Chapter 34,AppendlxA-1(Pg.53)-Street grades Max. street grades are In excess of city standards. (Although street grades for private roads can be In excese of city stando,de, the statement should be revised to add a statement that says that public streets shall meat city standards and private streets that intersect public streets shall meet city standards for a distance of 500 feet.) • Pg. 68 - Preliminary traffic lnformatlon. (Traffic Informatlon Is generic (not comprehensive), engineering will hold judgement until a full TIA Is submitted, reviewed and approved.) DRAINAGE ISSUES: (Drainage comments are copied from an Interoffice mein) MEMO DATE : November 12,1998 TO: Mark Donaldson, Assistant Director of Planning FROM: Dale Hoelting, Drainage Engineer SUBJECT: Drainage Variance Request for Robson .'Im Coulter and 1 have had the opportunity to review the Robson Community variance requests that apply to drainage. We assn conducted one meeting with their englne9rs and project managers concerning this issua. As a result, we ere making the following remarks regarding Section 34.124 of the Subdivision and Land Development Regulations (page 48 of the application notebook) as applicable to Robson's proposed PD Zoning Request: i d. (4) These regulations apply to publicly dedicated detention ponds. Since the detention ponds will be private, this section does not apply and a variance Is not necessary. However, any date nIlon facility that is designed to reduce onsite runoff to match existing watershed conditions shall be contained in a private drainage and detention easement with prescriptive language that outlines the maintenance responsibilities of ^obson and Inspection capabilities for the City. o. (5) All channels on the golf course can bb designed to meet the golf course needs. The / variance can be supported with the following condition: All channels outside the golf course shall be designed for (he 100-year fully developed conditions with appropriate erosion control where necessary and In areas of excessive velocities. 199 641 D61 Repot 32. i e.(6) Staff agrees with variance request e, (8) Staff does not recommend variance of this provision. 10-year design of pipe system associated with the street is acceptable. Depth of flow for ten-year storm shall be not exceed top-of-curb or 6 inches at any point. Depth of flow for 100-year storm shall be not exceed right-of-way or 10 Inches at any point. Storm water that has been collected at the last point or most downstream point of the subdivl0m shall be designed to convey the 100- year storm through a pipe, above ground system, or combination of both to the creek or point of release away from all structures. A31 other drainage that is not associated with the street, shall be designed for 100-year, f, (1) Staff can support this provision with the condition that all culvert crossings that are designed for the 25-year storm event have some type of overflow structure capable of conveying that GO- year storm event. L (2) Staff recommends approval of this variance with the condition that depth of flow for ten-year storm shall be not exceed lop-of-curb or 6 Inches at any point and depth of flow for 100-year storm shall be not exceed right-of-way or 10 inches at any point, Inverted crown sections should be limited In their use and meet the criteria as stated above. All other provisions are recommended. 1. (3) Staff recommends a variance with the following conditions: a.) pipe sizes and materials shall be at the discretion of the owner for all drainage systems associated with the golf course and detention pond facilities, b.) all pipes draining the street right-of-way or other property not associated with the golf course shall meet the City of Denton regulations. HOPE pipe in sizes up to and incl,iding 48 inches In diameter 1, allowed in the City, and c.) pipe systems conveying offsite runoff through the golf course shall meet Citi of Denton rot+ulations. f, (4) Staff recommends this variance) wit', the following condition. All culverts In City of Denton boundaries or ETJ right-of-way and entrances or exits to public road shall meet the City of Denton regulations. f (S). Staff recommends this variance with the following condition: 1,) Detention facility shall be designed so that any additional runoff generated by the proposed development will not Increase the amount of original discharge for storm frequencles from the five-year to the one-hundred-year flood as outlined In the Drainage Design Criteria, and 2.) All detention and retention ponds that are used for detention credit shall be contained In a drainage easement that has prescriptive language to Indicate the maintenance respor.ibllitles, The language will also give the City certain abilities for Inspection and enforcement. (g) Staff recommends approval of this variance with the following conditions: 100-year floodplaln as designated by Federal Emergency Management Agency (FEMAO floodplain maps shall be dedicated as a prlvate drainage easement. Detention facilities shall also be in a private r drainage easement as described in (d)4 and (0. Open channels outside the golf course and A~ . i streets shall be In a private drainage easement, f ! (h) Staff does not recommend this variance. This provision will only apply to lots In, adjacent, or within 150 feet of the 100-year floodplaln or dralna,9 channel that carries the 100-year storm. Z-99 041 W a,P',rl 33. I Minimum finished floors for lots at sags or low polnts shall be specified on the engineering plans and final plat to avoid flooding problems. Drainage Design CritellA 6. Inlet design - Staff agrees with this provision 7.) Storm Drain Design; 6.) Open Channel; and 10.) Open Channel are all addressed in the variance requests as detailed above. We would also liko to state that language should be added to the concept plan or other document that the City of Denton assumes no liability for Its actions in granting these variances since the drainage system will be privately owned and maintained. In addition, these variances are normally granted at the final plat stage only after the construction plans have been reviewed. Without the level of detail that is normally present when a variance Is granted, we would like to preserve the City's right to require compliance with City regulations in situations where upon review of construction plans, it becomes apparent that public health safety, and welfare may be compromised. Xc: Jim Coulter, Assistant Director of Utilities '11c lit b' d 6'' S2bt1o`t 3517 'Gen&*1c" th`a3'}raN tie~jgi ro; ~~9dlo +Jde balk F3 A general concept plan shall contain the following Information: 1 (1) Retatlon 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 compliance with the 1999 Growth Management (2) Acreage. The total acreage within the proposed district. :urvey. The total acreage of the property Is Identifled. (3) An accurate survey of the boundaries of the district. • The description for the entire PD Is attached In the application notebook (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, r • Identlfied on the plan and In the application notebook. (5) General thoroughfare layout. Proposed streets, as a minimum to arterial street level. (Showing collector and local streets Is optional.) Z 49 M1151.2 RMDOrt 34. 1 i 1 • The concept plan identifies proposed collectors (See Ern.losure 4). (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, slde, 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. The applicant has Identified proposed development standards for this development (See application notebook, pages 32.36). The proposed uses and development standards will become part of the final ordinance. (7) Existing conditions, On a scaled map as specified by the department, the following shall tae 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 noodplaln, fioodway and major drainage ways. d. Clty limits and E.T.J. boundaries. e. Zoning dlstricts. f. Land use, g, Utilities, Including water, wastewater, and electric lines. All required exlsting conditions are identified in the application notebook. (Ord. No. 91-016, § 11 2-5.91) Y r ,CP PRENENSIVE_PUAN NAI;' $iS " 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) Is a tool to be used to i alp 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 ,,closure 6) The Growth Management Strategy, adopted by City Council in January 1999, acknowledges the potential development of the Robson tract, as a future residential neighborhood center with and Includes the property as an area to be considered for annexation within the period from 1998 to 2020. The proposed concept plan Is also consistent with the Growth Management Plan which identifies the r A, development of this area as residential. f If annexation and the PD zoning district are approved as requested by the applicant, the plan will need to be revised to show the addition of the lands formerly In the Town Northlake. 2 99 dal P62 deport 35, e - i i I 1. Transportation A. Trip generation j Table 1, Proposed Land Use Trip Generation Land Use Average Trip Maximum Total Daily Generation Sulidout Trip Generation is Proposed Single-Family 9.55 trips/day/unit x 1,875 17,906 Use Detached homes Proposed Elementary School 1.5 x1,500 2,250 Use tries/day/student students Note: Proposed Average Tr1p Oenerstlons provided by the Institute of Transportation Ens Wmm, 1991 A 15 acre elementary school to typically designed for 880 students but can swomldate up to 750 students, the average trips per day per student was based on the experience of Denton ISD. The proposed development is 34 % below the allowed capacity Identified as a low Intensity area In the 1988 Denton Development Plan. 9, Access The development will have access from Crawford Road, John Paine Road and Johnson Road. All 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 the 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-ordinated during subdivision review. C, Pedestrian Linkages Sidewalks along all public streets are required. 2. Utilities This property has recentiy gone through the annexation process and a ser Ice plan was developed. (See Enclosure 6). The service plan has identified that this development will be provided with adequate utility services t~ I/r~ c Z V alt Dort Report 36. i I it I fl 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. A preliminary drainage study will be required with the submission of a preliminary plat. The btudy 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 Identified in Section 35-154.1 of the application notebook (page 36), 5. Landscaping As identified in the Landscape Ordinance Requirements of the application notebook (page 38 8 39). Trees will be provided at a ratio of 10 per acre and the project will exceed 20 % open space. 8, Open Space Due to the extensive amount of golf course and other open space, 23.6% of the gross area Is open space. 7. Environmental Quality Impacts No negative environmental impacts have been identified, PAOP.ERTY,HISYOR The subject property Is proceeding with annexation. At 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 neud to be platted prior to any development. I PU~GC NOTICE ' a' 5 Notice of the zoning request was published In the Denton Reoord-Chronicle on Sunday May 30, 1999. Five (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. Staff recommends that Z-99.041 be continued until July 14, 1999 to provide staff and the applicant + additional time to resolve the outstanding Issues assoclated with this complex development, 2-99 0 41 PSZ krpoft 37. C, I i i I move to continue Z•99-041 to the July 14, 190 Planning and Zoning meeting to provide staff and the applicant additional time to resolve the outstanding Issues associated with this complex development. y. 1. Recommend approval as submitted. 2. Recommend approval with renditions. 3. Recommend denial. 4. Postpone consideration. 5. Table item. 1. Site Access Map. 2. Robson Ranch Map. 3. 200' Property Owner Notification Map. 4. Concept Plan 5. 1999 Denton Plan Matrix. 6. Service Plan 7. Annexation Schedule . i i (try r 2.99 641 a62 Repot 381 c u i 1 ENCLOSURE 1 II ~ kf 1 ' i i 1 I f.M.149i ~ Y WvrOwD X6,0 ~ T ~1 I 1 I - ~ ti y Y !1 A, , r I Site Access Map ROBSON RANCH 39. a 1 ENCLOSURE 2 . s I t I I ` ( C. LAN MA 69v' r~ bOVEt WCOWAN I ~ }rte-- H_ I fll~q~ , f - A'~kE SugYFY f ~ur..w Now 1'1• D. D. D { G, R SURVE -A x,11 Y , +•,I A 91+ F~ P q~T I~WLIp,j?VEY a 1 'I/ G CII; .vEr i L { ~A .t7CISURRC 3 ' + `I I r '~CtthIOCK URYEY 1 f-•~ I ~1' ill A =~1 I r 1 k , n p~ jj n P. IRMN A - 0URYtY 1063 ROBSON RANCH DENTON, TM OUALW P{OPM I MA ACA'p . 10. J r . Enclosure 3 %99-044 (Robson Ranch) NORTH i rl= FT&YA 200' Buffer NO'8uffer 1 SITE C ~ I CRAWF Northlake I Argyle 200-500 FOOT NOTICE MAP 4 I l ~1' \ Agenda Date, June 23, 1999 !Scale: None 41. r c. I ENCLOSURE 4 LAND USE LATE( RWS rya IJMY ROW, «rs z R - RENDOMAL ~1'MJ Aa Ns - MING"NORHOOo Inv"s Ill A. OR - ONDOOR ReCREAMN 6W Aa { T F ?All= U A& tmwrg a R.O.N. VA Aa t TOTAL ACHES %7WA Aa ' rl III c, rw~u ~3 x L Y, i 3 l Iii ~ T I'iN ~ R ` 'p ~A ! Y Sri+~'~ r It to r L G t 06 1 ' ♦ ra'~ AY r: ,...ptAM4RD to^..~,.., 1. , y ~ r 4 i j Conceptual Master Plan ROBSON RANCH himIrvi'J rM! IYW N f 41. N.YYMi, Wri. t ENCLOSURE S i The table below provides a summary of the 1996 Denton Plan Policies applicable to this project: Denton Plan Policy Analysis Summary Development Rating vs. Policy t CATAGORY POLICY invWstent Y, eorwoent Kj Tranapatatian. CorroirteraDenton%Log-R&WThomWarePi n. ~ 3 ~i{. Pwdes kris Manapamed Pradkes A ~Ik~ 'a X Opum,,es operabara for emergency serAce pro '4den and s<: r.s other puUk "Ma proolde s X Romates 4c tram pu, importation systems X contributes to the DenLn Traces network X Stonnvnter Drainage, Protects 100-,A r I.+odp M areas In accordance vAth X Dental watershed manapement parer u~ Conform to bW wbd Mon moatforn. r' ';,3 ~r": X contributes to reyorw deMr,dan forAuds. '144 X Provldes far natural riparian &Mrmmerd sloop eoodt tah x Vpgraeo ed" subsUndard drainage rys" as kiAll and redmbprrentooour, Aw. 5 Watar and Develops and mdntaiM property and pd ate ~ Waatewatef, Infiasfnrdure, 0 -13." _ X Creates opportL ty for ove AAA water and wastewater ' lrxs to meet Mutt development demands. I4 + ,t:l X Provides w0ew of proposed water and wastewater S , r Inhastrucho to more public safety and healh i. X Prwwes InRq kopovements over new Irx extl ub n• , Electric, Provides undcpraund eledrk scrvtee for r*w residentlat J and nwesldenbsl 6eve4pmmt. X 1 Solid Wash. Av wtes effVdent aaess to all development far sond waste service delivery. Partu and Recreation (Data parks a d retreatlon fsdlttla M aaadarxe MM the Parks and Reaeabw Strategk Pam X Enhances parks and rwesbon opportuNties for reg*nts. X Rexrves fbodplaln for parks and epee spas to old us 4 , Z • ; z rtoodplaln eonsevvatlon effarb. '.tl~'~ •,'r x A%ws wrkdnp of parks with other pudk WIlVes to afilevs wstelrecbw deltvey of prbfic servkn. $ Y' X Resldentlal development should dedkate land or fen In s beu of L d The nel$&rhood parks, tp X Irwlronmentai Quotity. Remotes prMrvatbrs of nomad resources. X inlegates en*mrrental protection with ecortontlc E grow M and community devekpmerA. X J J , A , r 2-97 w i PSZ "rt r 43. fl c~ c, i i 1998 Denton Plan Pollcles Analysis (continued) rr I Denton Plan Policy Analysis Summary Development Rating vs. Policy GTAGOZY POLICY LaMSisterd AppIMaa6le CV~ NefphhoA+ooda• h residwU vAdes b n~elyhto pjbk and ca"" nto rsd idea for x Enoovapes a rnwt of knd uses 6W b" k mWenft x Pro" and preserve eddlnt neVtorfwoft Rornota dcyde and pWdestrIan trafM1C Mthin and between nel¢rbahoods to reduce vehkL4v MpL x x ttwrln0• etaar 'a'nd Mv10r41 toot appeal to awe"" Osiers a verkty d dnyk-tamDp M sizes, to WN 024 x and trip Hopes. P nom adsdrrt hcuAre Indudnp affordable toW4 Lasses ko taint corotrudloM E00mm4c W"""" to a strap and dK*Wed bW ecamrdy by DlvaraMced" M"no errpbyment and opwdnp the tax base. x Oovarrvnarrt. Encourages htst "mrrwft coomOmOon to "ids ODA-wed" pudk ter*K x LMM" DedrL Adbewes canvtiWty appeannot In I oonp-Odnslve meMer. x DNbdfks &*kdwol appearance of Duet WArwmenL x NdphboAwod hMl deve!"Yxr,mnt dauW be compande vO edstlnp tang wrJ urd buedkgs. Protects and preserves Denton'e arciftetural, ahvaf and a I hWorlW rewxm _ EnMnces he appears xa a" major entrVa"A x Pro"tes to preservatbn of "a and Ierd"04 x Pubtk Envot onwiL A ovldes an oppo L#M for pudk oplnlon during the planrYnp prooeea x r. r jti r Fir 2-" N I PU Report 11. i s ' c t ENCLOSURE6 ' DRAFT ANNEXATION SERVICE PLAN: TRACTS 410 #2, & #3 [The Robson Property is referred to as Tract#] In this Service Plan.] CASE NUMBER: A•80 AREA: 3,101 Acres LOCATION: In the far southeastern section of the City of Denton ET), In the vicinity of Crawford Road, Interstate Highway I.35W, and U.S. 377. Municipal services to the site described above shal I be furnished by or on behalf of the City of Denton, Texas, at the following levels and in accordance with the following schedule: A. Police Protection In the short term, the Police Department can provide service to Tracts #I, #2, and #3 using existing resources, resulting In response times consistent with other undeveloped perimeter areas of the city. In the longer term, the Police D-uartment estimates that service can be provided within average response times for the City as a wthc'e, with the addition of 24 sworn and 8 non•swom personnel, phased In proportion to population gmwth 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 molt part undeveloped. A new Fire Station 47 will be needed in the future to provide service to the tmexed tracts, to be located in the vicinity of the 1-33W / F.M. 2449 intersection. The City of Denton Fire Department Five-Year Strategic Plan Is scheduled to be presented to City Council on March 30°i, 1999. The plan will provide additional detail regarding proposed fire and emergency service delivery to all parts of the city, Including Tracts 41, #2, and #3. C. Water / Wastewater Services Current City of Denton CIP funding Is programmed for the construction of a 20-Inch water line extension that will reach the Hills of Argyle subdivision on U.S. 377. The line will be extended further south to Tract #3 in a subsequent phase. Construction of these Improvements will begin within 2 years and will be completed within 4'/, years. Development within Tract #3 is expected to run the line west to 1.35W, The property owners of Tracts 41 and #2 will be expected to extend water lines front 1.35W to deliver water for development Interim water servico options are available, i Wastewater service will be mnde availrtile through either extensions from the Hickory Creek interceptor sewer system or through on-site treatment plants that are owned, operated, and / i maintalned by the City of Detiton. 45. D. Stormwater Drainage Services Drainage improvements will be made by {property owners at the time of development. Maintenance will ke the responsibility of the City of Denton, supported as a function of water and wastewater fund transfers paid by rate payers. E. Solid Waste Collection and Disposal E Solid waste service are available to the annexed tracts. Existing contracts between customers and private waste haulers will not be disturbed Equipment and personnel needed to serve new development will be added in proportion to growth in the customer base. F. Electric Utilities Electric service will be made available upon request to all of the property within the areas being annexed. G. Parks and Recreation Services Neighborhood parks will be provided as residential growth occurs, as per the City of Denton Park Dedication Ordinance. One community park will be needed in the longer term. The community park and additional personnel will be funded as appropriate through city funds. H. Streets and Roads Crawford and Florence Roads, located on the perimeter of Tract 01, will not be annexed, and will remain the responsibility of Denton County. Johnson, John Paine, and Allred Ronda in Tract 03 will be upgraded by private development, and ultimately maintained by the City of Denton. F.M. 1830 (Country Club Road) is it state facility and will be upgraded and maintained by the Texas Department of Transportation (TXDOT). 1. Building Inspections I Code Enforcement Services Services are available now for the areas to be annexed. Additional personnel will be dedicated to the areas to be annexed as dictated by growth. J. Library Services The Library Master Plan will determine the appropriate method of service delivery for all areas of the city, and is near completion. The plan will be presented to City Council In late April 1999, 4 46. r u ENCLOSURE 7 VOLUNTARY ANNEXATION SCHEDULE- ROBSON RANCH (A-87) # Tuesday, April 20" City Council approves voluntary annexation schedule Thursday, May 13"'. Send Notice to newspaper for f" CC public hearing Saturday, May Ie Notice published In newspaper for 1" City Council public hearing Thursday, May 200. Send Notice to newspaper for 21 CC public hearing Saturday, May 22nd NOgce published In newspaper for 2nd City Council public hearing Tuesday, May 25" City Council conducts first public hearing. • Public notice must be no lees than 10 days and no more than 20 days before public hearing. o Annexatiin Study prepared and available for public review. o Service Plan prepared and available for pubtic review. Tuesday, June 1't City Council conducts second public hearing. • Public notice must be no less than 10 days and no more than 20 days before public hearing, Wednesday, June 0" Planning & Zoning Commission Work Session briefing Thursday, June 100, Send Notice to newspaper for P S Z public hearing Sunday, June 131 Notice published In newspaper for P 6 2 public hearing. Tuesday, June 22nd City Council by a four-fifths vote Institutes annexation proceedings. First reading of annexation ordinance. • Action must be more than 20 days after" second public hearing but less then 40 days from the first public hearing. , Wednesday, June 2V Planning and Zoning Commisslon holds a pubic 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, Thursday, June 24, Send annexation ordinance to newspaper for pubfketion on Sol, June 28'^. Saturday, June 28" Publica lion of annexatkon ordinance In newspaper, Thursday, July e. Send Notice to newspaper for CC zoning public hearing f Monday, July 12" Publication of roning public hearing notice in newspaper, i Tuesday, July 27"' City Council by a four-fifths vote takes Anal action. A~ Second readina and adootkm of the annexation ordinance, l 1 r City Council holds public hearing and considers approval of zoning request. • Council action must be more then 30 days after publication of ordinance and less than 00 days after oouncil Institutes annexation proceedings. 47. I 4 ENCLOSURE 4 PLANNING AND ZONING COMMISSION C~ Kern STAFF REPORT Sublect: Robson Ranch (Concept Plan) Case Number: Z-99-044 off: Larry Relchharl, Development Review Manager Agenda Date: July 14, 1999 PURPOSE 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 2,745.51 acres. The property is generally located at the southwestern extraterritorial jurisdiction boundaries of the City of Denton, Texas and northeastern extraterritorlaljurisdiction of the Town of Northlake, Texas, between 1-35W and Florence Road, and between Crawford and Lively, The requested rezoning is for a Planned Development zone district with approximately 1,926.1 acres of residential, 371 acres of neighborhood services, 662 acres of outdoor recreation and 14.1 acres of community service with 951 acres of streets, ROW and parking, r . r- f tfrta d 1 ~J. „r ~5F3 at ~p ' t ~ .Vy n ..V, ...t.. r ~,t u a VIP SITE CRAM Northtake Ar py la r ~l a+4' I LOCATION MAP i Location: Generally located at the southwestern extraterritorial jurisdiction boundaries of the City of Denton, Texas and northeastern extraterritorial )urisdictlon of the Town of Northlake, Texas, ; between 1.35W and Florence Road, and between Crawford and Lively (See Attachments 1 &2) Size: 2,745.51 acres. 299 r,n rr,t R' ~cXA f8, 1 I~! I ~I I III i I ~ ~ III I ceN~R~►~J.N~o~lyla~loN~~~:~§x='~~~1rL~~~,~~~~:~~»~~<°~,a , I i Applicant. Robson Ranch Denton, LCC,, Owner Robson Ranch Denton, LCC, A Delaware Limited Liability Co. A Delaware Limited Liability Co. 9532 E, Riggs Road 9532 E. Riggs Road Sun Lakes, AZ 85248 Sun Lakes, AZ 85248 CI ON,I~.O ),f2AL'OU. bF:_B E 3'SI Jl~ ' 3 0 "P,a 99TIN > June 22, 1999 Letter (received June 24, 1999) from applicant responding to concerns and Issues outlined In June 23, 1999 PRZ Staff Report (See Attachment 1) July 1, 1999 DRC meeting (See Attachment 2) July 8, 1999 Letter from David Bill, Assistant City Manager of Development Services, to the applicant (See Attachment 3) July 9, 1999 Applicant roquests that application be continued to July 28, 1999 (See Attachment 4) A number of telephone conversations between the applicant and city departments have also taken place to date. WaterlWastow star is continuing to negotiate a development agreement associated with water service and Parks and Recreation Is also In discussions regarding park dedication and development fees. Although a number of the cities and applicants concerns have been addressed some outstanding Issues still exist. To date, the city has not recelvid a revised PD Concept Plan Identifying how the applicant will address the outstanding issue, ; ,soclated with this project. If additional Information is provided to the city, prior to the July 14" VZ meeting, staff will forward it to all commissioners ~`a1►Il: DaTIONi;,M h. ]~"d kty t~e,y~k Ati ,,yy qq44.., er'r', J~ p ~'d ,~a I i The applicant has request that Z•99-044 be continued to July 28, 1999. Staff recommends that the public, hearing be opened to address public comment and provide staff the opportunity to submit additional new Information that may be submitted by the applicant. Staff further recommends that Z•99-041 be continued until July 28, 1999 to provide staff and the applicant additional time to resolve the outstanding Issues associated with this complex development. Assuming that all the Issues are resolved by the July 28, 1999 P&Z date, the August 3, 1999 City Council annexation rand PO Concept Plan decision date will not be effected, MOTION I move to continue Z•09.04+ to the July 28, 1999 Planning and Zoning meeting to provide staff and the applicant additional time V, resolve the outstanding Issues associated with this oomplex ! development. : 99 wi rrz a~a„i 49. C, U yJai~~y\ 1. Recommend approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial d. Postpone consideration. 5. Table Item. 4.~ 1. Applicants rosponse to June 23n0 P&Z Staff Report comments. 2. Juty 1, 1999 ORC related items 3. Letter from David HIII, Assistant City Manager of Development Services, to the applicant. b. Request for continuance, 6. June 23, 1999 P&Z Staff Report Note: Please bring the Robson Notebook with you to the meeting, if you turned your notebook In or noed a new one please contact staff. I i i 1 I i i rlf~.ti M 041062 Report rr. S0. i i I I ATTACHMENT 1 I Robson Communities BNldiggRcaat l~trs~lr, flartcrfwAduftt June 22, I Mr. Larry Reichert Development Review Manager City of Denton 215 East McKinney Denton, Texas 76201 Reference: Case Number Z-99.044 Dear Larry: We have received a copy of the staff report for the planning & Zoning Commission for Robson Ranch, The following addresses both the City of Denton stafre concerns and Robson Communlties concerns also: 1. The acreage needs to be corrected to show 2,725 sores. 7 Sections 31-6(1)a and 31-8-8: We have examined these requirements and have decided to accept the 15 tree per acre requirement with one sBpulation, 060% of the trees can be smaller in { li size than the 3-Inch caliper as stated In the Landscape Ordinance.' 3. Section 31.7: Will add the verbiage "where parking lots are visible from off-site or are within 500 feel of a public road, screening per code should be required' 4. Section 31.8 - Maintenance: This needs to be revised to stale "Section 31-8(2) Irrigation' 5. Sectional-9(1)b: Robson creates a theme for all Iondsuped areas to repeal throughout the project. We v:,1 specify the trees, plants, or other landscape Items for tocstlon , and size for th) first portion to create a certain pattern, Then this pattern will be r t, ` r repeated throughout the rest of the project. Robson will submit these plans to ..,of the City for review but will not meet the specitioatlons as this section Is written, 9532 East N6&s R-4d, Sun Lake, Ailrons 0246-7411- ltlephom 602496.9200 , I= 602.696 166 SUN LAKaa - SUNDIRD - Ytalll IADDLI9K00KI iF. c, i Mr. Larry Reichert June 22, 190 Page 2 I 6. Section 31.9(1)c: This section will be very similar to 45 above, but the City of Denton will review and approve all backtlow preventors. 7. Sxtion 31.9(1)d; Same as #5 and #6 above. 8. Sections 34.114 - Perimeter Roads and Section 34.114(6).c.3: To clarify these sections, Crawford Road and Florence Roads will be designed and constructed by Denton County Standards. Lively Road will be developed under the City of Denton Standards. 9. Sections 34.115,d.(3).a: This statement is to allow sufficient Ingresslegress points for the uses as shown on the concept plan as NS, R, and CS. These access points must be sole and separate from the roadway system beyond the gate entry. 10, Page 47, 2nd Column - 2: Agree to add 'except perimeter collector streets' 11. Chapter 34, Appendix A-1: Agree to add 'Public Streets shah meet city standards and private streets that intersect public streets shall meet city standards for a distance of 600 feet.' 12. All drainage comments have been Included In the revised section today. 13. In the section of the staff report under Special Information, we have the following questions of additions: a, Under #1.B - Access, where are John Palne Road and Johnson Road located, and how do they relrte to the Robson Ranch Protect? b. In #3 - Drainage and Topography, need to add in public rights-of•way' after new development At l 52. i r ~I III I 111 Mr. Larry Reichert June 22, 1999 Page 3 These are our comments to the concerns addressed in the staff report. if you have any questions, please contact me at (480) 895.4288, or on my ffioblie, which is (802) 321- 6904. We hope this will allow lids P.D. Zoning and Conceptual Plan to be approved at the June 23 Punning and Zoning Commission Bearing. Sincerely, ROBBSSO~N/COMMUNITI Dallas D. Paulsen Executive Vice President DDP/dh ' 99219006.L16 l I ' r A' , 53. t ATTACHMENT 2 CITY OF DFNTON MUNICIPAL UTILITIES WATER/WASTEWATER DEPARTMENT DRC COMMENTS Review: Robson Reneb PreliminaryPiat File: Dale: July 01, 1999 General Requirements: a) Sec. 34.119 Water Utility Standard. Basic Policy: Sub-Division Rules and Regulations. b) Sec. 34-119 Sewer Utility Standard. Basic Policy: Sub-Division Rules and Regulations. c) All water and wastewater lines shown on the City of Denton utility maps are in accordance with the best information and are believed to be true and correct. However, the City does not guarantee the exact accuracy of each line size or relative location. d) Water and sewer services are required for each platted lot. PROPOSED PD ZONING Policy 2a & 2b page 23 of proposed P. D. zoning relates to the agreement between developer and City of Denton for Water and Sewer services. There has been discussion in the past about the agreement, but the specific details of the agreement are not yet finalized. Also on page 43, section 34• 43, states "see separate sewer and water agreement with the City of Denton," but there is no agreement in place yet. Staff recommends these comments taken out of the proposed P.D. zoning. The agreement needs to be in place prior to the platting phase of this development. Page 21 sectiou'G' states "creating a blanket easement for Ingress and egress and all other utilities" City of Denton requires seperste easements for water and waste water, or a minimum 20 R easement for combined I water and waste water lines with minimum 9 R spacing 1,0ween water and wastewater lines as required by TNRCC, FIRE HYDRANT i Minimum spacing required is 600 A. for residential and 300 A. for ~ commercial developments. A { Reviewed by: Muhammad Ayub r I I i ~,z~ MAC+tAt, C~~~u~ Developmental Review Committee Comments for July 1, 1999 Robson Ranch. Planned Development District Is not acceptable as su:.nilted. Robson Communities Inc.- Predesign Required Public Improvements: 1. Fire hydrants must be provided for all new development. Fire hydrants spacing shall be In accordance with 1997 Uniform Fire Code Appendices III-B. 2. Minimum fire flow requirements must be met In accordance with UFC 1997 Appendices 111-A for all now development. 3. Public Hydrants and Water lines shall be In compliance with City Code of Ordinances. Private Hydrants and fire lines shall be In compliance with City Code of Ordinances and the Uniform Fire Code. 4. Fire Lane access roads shall be provided In accordance with City Ordinance Chapter 11 Article V section 11.101. Building Construction Comments: 5. An automatic sprinkler system must be installed in all buildings when the ( building confiruction exceeds 7,500 square feet of comt,uslible construction and 10,000 squire feet of non-combustible construction. Plans must be submitted to the fire department for review prior to installation of the system. The fire department connectian must be within 50 feet of the fire lane, 6. Fire lanes must be provided on the site. The fire lanes must be within 100 feet of all exterior walls for all buildings. The fire lane can be extended to be within 160 feet of all exterior walls if an automatic fire suppression system is installed. The turning requirements for the fire lanes must be 35 feet Im ier radius and 67 test exterior radius, The fire lane must be stripped with two 6 Inch red stripping with 4 Inch white lettering "FIRE LANE NO PARKING" every 20 feet on the stripping. An 8•% X 11-Inch diagram of the fire lane must be submitted for review. The submitted plan will need to be revised to meet this requirement. 7. A fire alarm system can be required based upon additional Informatlon. Plans must be submitted 1;,r review. 8. Fire extingulshers most bo provided In accordance with the fire code. 9. An on-site fire hydrant must be provided when any portion of a building exceeds 160 feet from a public water main. 10, Additional fire code requirements can be required based on additional r Information. 1 l' i 55, The following comments are in reference to Planned Development District Booklet provided by Robson Ranch Inc. on May 27, 1999, 1. Section 35-132, a permit for each location of hazardous materials storage will be required for any and all Installations (above ground storage tanks). 2. Article III, if all Interior streets are considered private thon oich will comply with the Fire Lane Access Road requlremen'.s. j 3. Section 34.114, Streets designated private will comply with Fire Lane Access requirements from Article 9 of the UFO and Chapter 11 of Code of City Ordinances Article V. Each streot having 20' un-obstucted width with proper turning radius and fire lane markings. 4. Section34-114, the maximum grade of a fire lane access road (private road) shall not exceed 10%. The maximum grade approaching an Intersection shall be 2.0% for 60 feet from the intersecting curb. Due to Icing conditions and slick pavement In graded approaches. 5. Section 34.114,16), Fire Lanes shall be in accordance with Article 11 of the City Code of Ordinances without exception. 6. Section 34114, Street Block Lengths shall not exceed 1200'. 7. Section 34.114, cul-de-sac length shall not exceed 1000' with appropriate fire lane turn around. 8. Section 34.115, g) 2), the minimum residential corner clearance requirements are as follows; Arterial 150' Arterial collector 50' Collector Local 50' Local 50'. 9. Section 34.124, Design Criteria, no Inverted roadways are acceptable. Design frequency will be as prescribed In City of Denton Sub Division Rule: and Regi;lations. All roadway drainage shall be designed in accordance with t~ Chap.r 34 of the Sub Division Regulations for drainage. This to prevent flooding and needed rescue responses from emergency services departments. I0,Gated access is permitted If each gate Is equipped with Opticom operated battery back-up control devices as well as keypad override and manual operation back up. Plans submitted to Fire Marshal for approval. 11.General, all permits and Inspection fees shall apply through out the duration of this development. Any change in costs assoiated v. ill be passed on to the developer. Fire Code related Permits should be subject to change by approval of City Council. City Ordinances and the adopted Fire Code shall regulate this community development at timo of construction. Currently the 1997 Uniform Flro Code with local amendments is In effect. An annual Inspection of all common areas open to the public or citizens within this community will be conducted In compliance with the Fire Cod(. Ail commercial occupancies will be inspected as permitted within the fire code. 12. Declaration of Covenants and Restrictions Is unacceptable to the Fire i Department. On page 30 It appears that the section entitled variances gives n the Board of Directors the right to Issue variances. This process should !1 Include the City as well, 56. t Engineering and Transportation Comments Development Revlew Committee David Salmon • 940.549.6358 DWSALMON60yofdenton.com Meeting Date: July I, Igoe Project Name: Robson Comments L Pg. 35 Reference to Section 35-91(Area Regulations): We would recommend that garage doors be located a minimum distance of 20 feet from the back of curb. 2. Pg. 45 Reference to Section 34-114 (Streets): a) A statement should be added in this section that any public street or private street within 500 feet of intersecting with a public street will conform to City of Denton public street standards including construction methods, geometry, and driveway standards. b) Under Residential Streets, the standards proposed actually exceed the City of Denton standards for private streets with the exception with sidewalk requirements. If public sidewalks as required in the code of ordinances are not planned, we recommend that the developer process an alternative pedestrian access plan. A skeletal plan could be processed now with more detailed area plans processed with the detail plans. c) Under Perimeter Roads, The City of Denton will no, be exacting requirements on Crawford or Florence roads, Lively Road will need to be perimeter paved. A variance may be applied for, however staff would not support such a variance unless an alternative road is provided to connect the north entrance to FM 2449. 3. Pg. 46 Reference to Section 34-114 (Streets) I a) Trip determination numbers. We expect The Devel )pers Traffic Engineer to supply the numbers. However, the statement should include the City of Denton's right to review the numbers and concur or not concur. b) Pavement sections. Sections may be designed by a registered Oeotechnical Engineer, however under no circumstances will the City of Denton allow asphalt to be placed over flex base material. c) Perimeter paving. Please refer to comment 2,c above. 4. Pg. 47 Reference Section 34.115 (Driveways and Parking lots) a) Driveway Cut Permit. Driveway cut permits are not required on private streets, however will be required for any driveways on public streets. b) Access to Arterials. The only arterial road in the proximity of this development is FM2449. If additional property is secured and developed, Driveways along FM 2449 will need to conform to City of Denton Standards. ! c) Access to collectors. Driveway access to Lively road, or on any private collector road within 500 feet of a public road will need to meet City of Denton driveway standards. ( d) Residential comer clearance. Access to public roads or to private toads within 500 feet of a public road wili meet City of Denton driveway standards. c) One and two family driveways. See comment 4,d above Page 1 MIS $7. i i t S. Pg. $3 Reference Chapter 34 Appendix A-1: See comment 2,a above, Required Public Improvements The following public improvements will be required to support the proposed development: 1. Offsite street improvements based on the results of a Traffic Impact analysis. Improvements could include paving improvements on Lively and Wolfe Roads, Capacity improvements on PM 2449, intersection improvements at 2449.E Wolf Road or any new intersection with 2449, intersection improvements at 2449 and 1.3S interchange. C r ~-lei ` c Pape 2 71910 58. ~ ' i ~ i I DEVELOPMENT REVIEW COMMITTEE x PLANNING CONFERENCE ROOM July 1. 1999 SIGN IN SHEET PLEASE PRINT Name Address/Department Phone No. 3d S- f335c> r e, .3 41Y 1~a~1cL•w t~ u ' 34q-719 c~ - z 7 Zwr5.. 'lfa38Jr-d/S/eKf.~P ~t~r~ ~ltlxk ti m 3(o1- ~~I ? _ Grvtr l7NG r?) Z yq 9 3 9 . !315'`7 ~t7~ CQANNE~I NG~ tFK~ YL_5f , _ C.S?~ rJEt wig Aaru~_ own V4 le 30- 5zo0 IjAy 3 ~f4- g35a PIA-NN 16 Y) CA.d~ 4w, 14°^ (f" 1I-A?2-4011 a ~pGav. I llc(iLw L3iS_RMZ\qy ~►40_?? 1 1~9 S- t F_ -s9i- 9y9/ • M ~ ~~1~ ~~zy3 Syr kTA 491 +-9 At _~n~ ,~c,✓ /,(~-~s.~a~r* _ , GG X239 3y9.71 9a I 1)0 Q no efii 0 o cn on 347-71#0 59. Q fi i 1 DEVELOPMENT REVIEW COMMITTEE PLANNING CONFERENCE ROOM { July 1, logo SIGN IN SHEET PLEASE PRINT Name Address0epartment Phone No. nN GVI t~ felt A,.. T L~X) 12 v 60. 1 t I c, ' I 1 I i II Larry Reichhart - Robson _ Page 1 From: Larry P+tchhad To: Clark, Jar: Coulter, Jim; David Hill; DRC; F... Date: Fri, Jul 2, 1999 424 PM Subject: Robson i To recap yesterdays DRC meeting; I believe that staff and the applicant have a better understanding of what variances are being requested and why they are being requested now and based our diew-Woes, a number of requested variances 41 be eliminated. Robson (Dallas Paulsen) is looking for guarantees now that what Is being requested will run with the land (IE Moak tengths, cut-de-sac enoths-). This to to ensure thet the project has some continuity over the design life (30 yrs and it provides them with the knowledge that there project has some texibilny built In. I do not believe that a solution was reached regarding the mechanism or timing of the variances. The two options discussed by Robson were approving the variances with the zoning and using development agreements, It Is my belief that staff Is not In a position to recommend that City Council approval variances from section 34 of the code (Subdivision and Land Development Regulations) with the zoning and I do not believe that one development agreement for the entire 2,727 we development Is feasible, i The bottom line Is that development standards change over tme and to grant variances, up front, on a 30 year project Is not In the best interest of the fiulure health and safety of the residence who will be living within that development. One option that was discussed; 1601 don't know H its binding enough for Robson Is a memorandum of understanding. The city could outline the circumstances under which staff may support different variances.. For example, Increasing the length of a cul-d"ac may be possible If the tangth does not exceed X number of feet, H its due to unique circumstances, K adequate emergency vehicle access Is J provided, If adequate water pressure exists........ l We need some direction and input from the different departments. Do you concur that no variances from section 34 should not be granted with the zoning request? How should they be handled? Should we only approve rection 34 varfances at the detailed plan phase? If yes, can any assurances be provided to Robson to Insure them contnuty thsoughwt the project? f ,I 61. G r Larry Reichhart - Re: Robson Page 1 e From, Rick Jones To: David Hill; David Salmon; Don McLaughlin; Ed Ho... Date: Fri, Jul 2, 1999 7:15 PM Subject: Re: Robson Larry, John Gillette, Jim Coulter, Dale Hoeiting and I met with Dallas Paulsen and Dennis Jerke'xith Robson this moning at I0:OOam. We discussed the Fire Departments concerns with streets, Fire Lanes and Drainange. It was a very productive meeting and I feel confident that these Issues are being worked out Some will require modification of their original request and some just written clarification. They will be faxing these changes Tuesday. I will contact you as soon as these are received. Rick Jones Fi o Marshal Larry Relchhart 07102199 04:24PM To recap yesterdays ORO meeting; I believe that staff and the applicant have a better understanding of what varlances are being requested and why they are being requested now and based our discusskans, a number of requested variances will be eliminated. Robson (Dallas Paulsen) Is looking for guaranis as now that what Is being requested will run wlih the land (IE block lengths, cul-de-sac tengths..). This is to ensure that the project has some continuity over the design life (30 yrs and M provides them with the knowledge that there project has some flexibility built In. I do not believe that a solution was reached regarding the mechanism or timing of the varlances. The two options discussed by Robson were approving the variances with the zoning and using development agreements. It Is my belief that staff is not In a position to recornmerid that City Council approval variances from section 34 of the code (Subdivision snd Land Development Regulations) with the zoning and I do not believe that one development agreement for the entire 2,727 acre development Is feasible. The bottom line Is that development standards change over time and to grant variances, up front, on a 30 year project Is not In the best Interest of the future health and safety of the residence who will be living within that development One option that was discussed, but I don't know of Its binding enough for Robson Is a memora. idum of understanding. The city could outline the circumstances under which staff may support different variances.. For example, Increasing the length of a cul-de-sac may be possible If the length does not exceed X number of feel, B Its due to unique circumstances, M adequate emergency vehicle access Is provided, if adequate water pressure exists...,.... We need some direction and Input from the different departments. Do you concur that no variances from section 34 should not be granted with the zoning request? How should they be handled? Should we only approve section 34 variances at the detailed plan phase? If yes, can any assurances be provided to Robson to Insure them continuity throughout the project? CC: Ross Chadwick t f A rf 62. t: I Larry RebMart • Re: Robson Page I i I i 1t From: David Salmon To: Larry Relchhart Date: Fri, Jul 2, 1999 5:15 PM Subject: Re: Robson After yesterdays meeting, I don't believe they will need any variances from street and sidewalk requirements as long as they add the oondition about meeting "public street standards' for a distance of b00 feet. Are they going to revise the brown binder prior to July 14th? They will need to process an alternative pedestrian access plan. We agreed Ciat we could process a rskel'Nal' plan with the concept plan and recommend approval with the condition that more detailed sub area pedestrian access plans would be processed with tho detain plans or plats. On a different rate, I doubt that their TIA will be available by the July 14th PLZ meeting. LarryRe M407102/99042413 To ecap yesterdays DRC meeting; I b Ileve that staff and the applicant have a better understanding of what variances are being requested ano why they are being requested now and based our discussions, a number of requested variances will be eliminated. Robson (Dallas Paulsen) Is looking for guarantees now that what Is being requested will run with the land (IE black lengths, cul-de-sac lengths..). This Is to ensure that the project has come continuity over the design life (30 yrs and N provldes them with the knowledge that there project has some flexibility built In. I do not believe that a solution was reached regarding the mechanism or timing of the variances. The two options discussed by Robson were approWng the vertexes with the zoning and using development agreements. It Is my belief that staff Is not in a position to recommend that City Council approval variances from section 34 of the code (Subdivision and Land Development Regulations) with the zoning and I do not believe that one development agreement for the entire 2,727 acre development is feasible. The bottom line is that development standards ctange over time and to grant variances, up front, on a 30 year project Is not in the best Interest of the future health end safety of the residence who WM be Nvtng within Vial development. 0..a option that was discussed, but I don't know if Its binding enough for Robson Is a memorWum of , understanding. The city could outline the circumstances under which staff may support different variances,. For example, increasing the length of a cul-de-sac may be possible If the length does not exceed X number of feet, If its due to unique circumstances, N adequate emerge xy veli access Is provided, If adequate water pressure exists........ We need some direction and Input from the different departments. Do you concur that no variances from section 34 should not be granted with the zoning request? How should they be handled? Should we only approve section 34 variances at the data Ned plan phase? If yes, can any assurances be provided to Robson to insure them continuity throughout the project? CC: Jerry Clark l 'tr G c (!r. ~ 63. C c, ATTACHMENT 3 CITY OF DENTON, TEXAS C11Y_t1Ar t WL&T_ 1 N FA Me nr1rnN T ac Mat (940) ld 1350 • FAX (940) 349.7707 Mr. Dallas Paulsen Robson Communities, Inc. 9532 R, Riggs Road Sun Lakes, Arizona 85248 RE. ROBSON RANCII PA CONCEPT PLAN RMEW COMMENTS [Sent via fax: 602.895-4352] ~aylaS Dcar_~r<Pa-ulsen: As I indicated to you on Tuesday, July 6", 1999, please be advised that I have conferred ( with City of Denton staff regarding the Robson Ranch PD Concept Plan submittal, and offer the following comments: 1. City staff will not support the Subdivision Regulation variances (City Code, Chapter 34) requested in conjunction with the PD Concept Plan. There are several reasons why we cannot support the varances: a. Subdivision regulation variances have not been approved by the Denton City Council as part of PD Concrpt flans in the past; b. The Robson Ranch project will be under construction for 25 to 30 years, and city staff is not comfortable granting relief to city codes for such a long period of time without knowing the exact circumstances involved; and c. State or federal regulations could impose performance standards related to stormwater drainage, utilities, environmental quality, or other public concerns that could have a negative impact on the city of Denton if the variance commitments were made. Although city staff is not supportive of attaching the Chapter 34 variances to the PD Concept Plan, many of the subdivision issues can be resolved amicably at later stages, during PD Detailed Plan or plat review. I know that you wish to maintain design consistency throughout the life of the project, and I believe staff can work with you to respect your intent. f i "latlr,frhlr. 64. i I 2. Park dedicaticn iNuirememshave been the subject or negotiations between Ed I lodney, Direetcr of Parks and Recreation, and Robson representative Steve Soriano. The park dcdicr,tion requirements should not be made part of the PD Concept Plan and should be addressed separately, To include the park rcqufrcments as part of thl, zoning would complicate the PD review process. 3. A draft development agreement was delivered by Robson representative Karl Polen to Howard Martin, Assistant City Manager of Utilities, on July 2"d, 1999. Based upon discussion with Howard, it appears that extensive work remains before the agre-meat will to in a form acceptable to city staff. The letter from Mr. Polen indicates a desire todplace the development agreement on the same City Council agenda date, August Y, 1999, as the PD Concept Pla Timing problems may occur as a result of this expectation. The three items listed above represent significant aspects of the Robson Ranch project that have not been resolved to date. 1 omorrow, on Friday, July 9'h, 1999, packets must be delivered to the Planning & toning Commissioners for tho July 10. 1999 meeting In follow-up to the Robson review conducted on June 23'd, 1959. 1 am not certain that we will have all materials needed for P&'L review on July 141h, given the unresolved status of several issues. We can return to P&x on July 28"i,1999 without disturbing the August 3'd, 1999 City Council annexation and PD Concept Plan decision date, Please contact me, Mark Donaldson, or Larry Reichhart to let us know how you plan to address the timing issues. Sincerely, ICP, AA U P1. liill, A SL Assistant City Manager of Development Services r Mike Jcz, City Manager Rick Svchla, Deputy City M.,nager lloward Martin, I.sAslant City Manager of Utilities Development Policy Committee Members Development Review Committee Members r b5. r . I I ENCLOSURE 4 Robson Immunities- M4jter4YanxdAfjM UamS Fw Adn eAdwhi July 9, 1999 City of Denton Attn: Larry Reichart 221 North Elm St. Denton, TX 16201 Re: Planning and Zoning Meeting Dear Larry: Robson Communities request to have their PD zoning agenda item for ( July 14, 1999 continued until the next scheduled Planning and Zoning meeting. If you have any questions please call me at (602) 895.4288. Sincerely, I v Dallas Paulsen Executive Vice-President, Land Dev. 9532 East RjW Road Sun Lakes. ArIWA 351464411 Q rdephorw ,601)893.9200 • Fax! (602)1145-0136 5uti Lw.s • PiwrNra 51mAKooer fn,&w Coln Id agasse 'Oil 1168 66, SJiimm NOS608 91 111 183 6640-1M r 1 ENCLOSURE 5 ORDINANCE NO. / AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM TEMPORARY AGRICUL (A) 40NING DISTRICT CLASSIFICATION AND USE DESIGNATION T LANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFI E DESIGNATION FOR 2,725 ACRES OF LAND GENERALLY LOCATED AND FLORENCE ROAD, AND BETWEEN CRAWFORD AND LIVELY; PR FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATION HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99.044) WHEREAS, Robson Denton Development, has applied for a change in zoning for 2,725 acres of land from Agricultural (A) zoning district classification and use designation to Planned Development (PD) zoning district classification and use designation; and WHEREAS, on July 28, IM, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS. SECTION I. That the zoning district classification and use designation of the 2,725 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from Agricultural (A) zoning district classification and use designation to 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: 1. That permitted land uses and development standards be restricted to those described in the Planned Development District Development Standards attached hereto and incorporated herein by reference as Exhibit B. SECTION [I. That the City's official zoning map is amended to show the change in zoning district classification. SECTION 111, That any person violating any provision of this ordinance rhall, 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. i 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 A ' 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. 67. i PASSED AND APPROVED this the _ day of 01949. JACK MILLER, MAYOR i i ATTEST: JENNIFER WALTERS, CITY SEC > Y BY: APPROVED AS TO LEGAL FORM: IfERBERT L. PROUTY, CITY ATTORNEY BY: i b t 68. Planning and Zoning Commission Minute:ATTACNb1ENT 2 June 23, 1999 Page 4 of 5 47 residential units, approx1mat0ly 66 acres of commercial and neighborhood se , 11 as of parks and open space and a school site. (Z-99-010. The Vintaga pt Plan, La , eichhart) Motion by Susan Apple d seconded by Salty Rishel to recommend app at with conditions to City Council, 'Discussion of Item is include Court Reporter's transcript site to this set of minutes (Page 75). Motion carries 8-0. 9. Hold a public hearing and consider m g a re mendation to City Council regarding a detailed plan for a Planned Developmen D 9) encompassing 265.48 acres. The detailed plan proposal Is for 487 single-fa dwelling units, a 10 acre school site, park land and open space. (Z-99-050. The V ge tailed Plan, Larry Reichhart) Motion by Salty Rishel and seconded b arol Ann Ganz to recommend approval with conditions to City Council. 'Discussion of item is Included in r1 Reporters transcript a ched to this set of minutes (Page 97). Motion carries 6-0. 10. Hold a public heari and consider making a recommendation to a City Council concerning the r oning of approximately 0.320 acres, on the north st corner of Bonnie Brae and Loui Street, legally described as being the west ninety ( at of Lot 10-R, Block 9 252 526 Louise Street In the City of Denton, Denton County, xas, from a Multi-Faro' dwelling-1 (MF-1) zoning district to a General Retail (GR) zo g district. The proposa to allow for a retaillrestaurant type business. (Z-99-0372528L Ise street, , Larry Ichhart) Motion Carol Ann Ganzer and seconded by Susan Apple to recommend approval w condi ' ns io City Council. IN ssion of item Is Included in Court Reporters transcript attached to this set of minute (P a 114). f lion carries 6-2. Jim Enoelbrecht and Salty Rishel oooosed. 11. 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 2,745.51 acres. The property is generally located at the southwestern extraterritorial jurisdiction boundaries of tho CNy of Denton, Texas and northeastern extraterritorial )urisdiction of the Town of Northtake, Texas, between 1.35W and Florence Road, and between Crawford and Lively, The requested rezoning Is for a Planned Development zone district with approximately 1,928.1 sues of resldential, 37.1 acres of neighborhood services, 662 acres of outdoor recreation and 14.1 acres of community service with 95.7 acres of streets, ROW and parking. The developer Is requesting a Planned Development (PD) zoning district classification for a master-planned resort retirement community. (Z• r 99.044 Robson Ranch, Larry Relchhart) Motion by Salty Rishel and seconded by Bob Powell to postpone and continua. I 'Discussion of Item Is Included In Court Reporter's transcript attached to this set of minutes 69. t Planning and Zoning Commissbn Minutes June 23, 11999 d Page 5 of 5 (Page 193). Motion carries e-0. ill be presented during the 7:00 p.m. dinner break) 12. Receive a re hold a discussion regarding the Introduction. Pog an recasts, The Edge, Schools, a blic Review Meetings and (lyyaaihAEt1 ion Schedule Schedule Sections of the Dreg Comprehensive DIRECTOR'S REPORT 13. Council Action. 'Discussion of Item uded in Court Reporler a transcript site to this set of minutes (Page 251). 14 F Agenda Items. *DI salon of hem Is Included In Court Re: crter's transcript she ohed to this get of min (Page 251). i k w , i I A~ 1 i 70. j I PLANNMo & ZONING, 6-23-99 • Coadenseltl, Page 193 Page 195 1 lssua. Some of them are general topics of In the 2 single-family development portion, they're going to 3 At We time we will address Agenda item 3 allow, you know, mlcrowave tclocommunlcation towers, 4 No. 11. hold a public beating and consider making a 4 which rue something typically we don't permit. It's 3 recommoadation to City Council regarding proposed 5 just fa your Information. The zv allows us to do 6 conopt plan for a Planned Development zoning district 6 that. There are a number of issues pertaining to the 7 encompassing 2,745.5 acres. The property is generally 7 landsa p I rag and all carts of code (cues that were a located In the Southwestern extraterritorial s highlighted In the staff report. 9 jurisdiction boundaries of tlr. City of Denton and the 9 The Appl'ant delivered which I just 10 northeastern extraterritorial jurisdiction of the Town 10 handed out a response to a e umber of those issues 11 of Norhlake, Texas, behvctn 1.35W end Florence Road, i l that we still need to address as you look through heM 12 and between Crawford and Lively. The requested 12 typically, something like 13 trees per sera 13 rezoning is for a Planned Development zone district 0 Originally, tent were proposed. Staff recommended l5, 14 with approximately 1,926 acres of residential Y , 371 14 The Applicant hies come beck and sold, yeah, 1 S. We can { 15 acres of neighborhood services, 622 acres of outdoor 15 do 15 per acre, but we'd like to do 50 percent of them 16 recreation, and 14,1 acres of community service with 16 at less than the required throe inclhca. And, you know, 17 95.7 acres of streets, right-of-way, and parking. The 17 we have to work out the deigns of that. If we plant 16 developer is requesting a Planned Development zoning 18 some now, by the time they're required, they'll be well 19 district classification for a master-planned resort 19 over 3 inches. 20 retirement community, 20 And there's a number of Issues which 21 At this time 1 will open the public 21 we have a very good working relationship with the 22 hearing. Mr. Relchhart will provide us with the staff 22 Applicant and staff, and we've worked out a number of 23 report 23 the issues. But our recommendation at We time is 24 Sir. 24 Oat we continue this until our next meeting, which 25 MR. ltl XWHOT: Thank you. As was 2s will be July 14th, which will give us three weeks mom Page 194 Page 15 1 mentioned, we're the site is located in the t basically, to have staff go through the report again 2 southwest portion of the City of Denton. A portior of 2 and get our comments back to the Applicant and have the pn•ucrty was annexed last night. The remainlal 3 them be able to address them :vithout the burden of 4 portion, we're proceeding with annexation and, 4 putting on untold number of conditions on this concept s hoperuAy, by the end of July, early August, a portion s plan. 6 that was In Nonhlake will be annexed, also. 6 The basic concept of the development 7 One correction In your the 7 Isn't really the Issue right now. It's, you know, as e description. There's a typo. There's 37,1 acres of 11M phrase "the devhl's in the details" is what we're 9 neighborhood service; not 371 acres, It's 37.1. 1'd 9 trying to get to right now, to like to point that out. 10 With that, I think the - unless there's I1 Last night at City Council, the I1 specific questions I can ansv,cr right now as to some of 12 Interlocal agreement was executed between Northlake 12 the outline some of the concerns we had that were 13 releash.d some of their ET3 to complete till site. 13 outlined in the staff report, I wouIJ like to suggest 14 Remaining involuntary annexation had the first reading 14 that we let the Applicant they have a presentation 1s last night, and, as 1 geld, we'll continue on with is that might answer a number of the questions get Into if that. 16 some backup material on the proposed developm-n% and 17 Going backwa.ds is little bit. 1'd like 17 then use tide time tonight to highlight torte of the 16 to gel into our recommendation for tonight. This it Issues, highlight some of your cone. s that staff can r 19 development, this notebook that everyone was given, an 19 take that direction and work with it, and have the ' 20 this project is a very complex project, and there's a 20 Applicant also hear your concerns, and then work with f ' 21 lot of detailed Information that Is In We notebook 21 staff to try to alleviate those before we come back, 22 and corresponding to this - a complex of this size and 22 and, hopefully, recommend an approved on this project 23 nature. There are a lot of details that need to be 23 in three weeks. 24 worked out 24 If there is any questions, I'd be happy 25 rte staff report hlghlig6od a number of 23 to answer them or we can just have them turn the you STOFFELS & ASSOCIATES DENTON, TEXAS (940)565-9797 Page 193 • Page 196 71. I i i 3 PLANNING & ZONING, 6.23-0 Condenseltir'r Page 197 Page 199 I know, turn the proceedings over to the Applicant: 1 But the whole intent Is that b7 the time 2 MR. ENOELBRECHT: Okay, Before 1 f,, -t to 2 the second reading of the ordinance for the annexation 3 the question, Mr. Hill would like to make some remarks. 3 occurs, before the portion inside of the - that toed 4 MR. HILL: I'd just wankel to give you a 4 to be inside the Town of Northloke, the Applicant is S little background as there was a flurry of activity 3 hoping that both the annexation of all the propxty, 6 yesterday regarding this project, and I wanted to give 6 plus the PD, would to approved on the same night. So 7 you a proper orientation coming Into the review of the 7 I'll stop them. 8 PD. 9 MR. ENOELBRECHT: Okay. Now, qutstions 9 First of all, there have been sevoral 9 for staff7 to materials that have been handed to you at each of your 10 MR. POWELL: Yes. 1 I places. The first one that you should have in your I I MR. ENOELBRECHT: Yes, Mr. Powell, 12 materials is an Interlocal apportionment agreement 12 Mk POWELL! It would appear to m3 then 13 between the City of Denton and the Town of Northlake, t2 that we have no choice but to but to put this off I 14 That was the first plea of the puzzle that had to fall 14 because we can't zone property that's not in the city, 15 into place regarding this project. And what that 15 I don't mean anything negative by that. I'm just 16 it's basically an interlocal agreement, and, in a 16 trying to get a grip on ft. That's all. 17 nutshell, provided that Northlake would relinquish 17 Mk HILL! No. We, in many cases, bring 1a approximately a little bit less than 800 acres of land la to you a request for a rmtnmendatfon on an annexation 19 inside their ETI to the City of Denton with the intent 19 and/or a zoning together where your recommendation 20 that the City of Denton would annex that property and 20 would not take force until City Council made its final 21 Robson would develop their project. Okay? And that 31 decision. So that would not stop you in any way from 22 was signed by both mayors, Mayor Savoie and Mayor 22 considering this application. 23 Miller, and was ratified by the Denton City Council 23 MR. POWELL: Another question of staff. 24 last night, 24 Is it safe to at4ume that the Applicant is onboard with 25 The second item was that the portion of 23 the fact that we're going to put this off until July Page 198 Page 200 t the site Inside the City of Denton Est was annexed on 1 14th. 2 second reading last night. And that conics to about 2 MIL HILL: I'd like to let them speak to 3 1,952 acres, The involuntary annexation was conducted 3 that. I think they would like to move forward u 4 not to much because of any disrespect to the Applicant 4 qulckly as possible. And to add to what Larry said, S or to the property owner, but because we Nt that it 5 the whole nature of a zee Is like an Invitation to write 6 there was any problem with the inner Io:al agreement in 6 your own tailored ordirmia for your property. It's 7 the future, at least the portion of the snncxa!irnr 7 not often that the ordinance Is as long as the one you s within the city of Dcntoa ETi would not be jeopardized. a have in front of you. 9 So that was the second piece that occurred. 9 MR POWELU Yea, I gather. 10 The third piece of the puale that 10 MR HILU And from a standpoint or just 1 I1 occurred last night was that for the portion of the I I being conservative in protecting the City's interest 12 property that was in that was formerly Inside the 12 from a staff standpoint, we don't want to go rushing 13 Northlake ET), the nearly 800 sera, that land was I S Into anything. But I also don't wont to stake it sound 14 approved for annexation on the first reading of the 14 u though we do not have a good worhing relatienablp is ordinance. Tie second reading of that ordlnance will is with the Applicant 16 go to City Council on July 27th or that was the 16 Ma. rowELU Thank you, both. 17 schedule. We're still checking to we. That rosy be 17 MR voru RmHT: Are there other I a delayed by a week and may go to Attgast 3rd. I a questions fa staff? It not, in that can, is 19 We're trying to dovcull with the t9 Pctitioter or Petitioner's representative present? , 20 Planned Development zoning application. We have No 20 MR. sORMO Steve Soriatw. I work for 21 mating; we have July 14th; and u a fall back --just I I Robson Communities out or Sunlskes, A rimns. And I'm 22 to give you an Idea of what you can do without delaying 22 here today to speak to you about our i application for 23 the project as a fallback, it could even be July 23 Robson Runty also known as eau Z-) 9.044. 24 28th before the August 3rd mating where you on take a 24 We have a team berg tonight that we o2s look at this. 25 brrtght with the hopes or engagtn 3 in some Qialogue STOFFELS & ASSOCIATES DENTON, TEXAS (940)565-9791 Page 191- Page 200 72. t i MANNINO & ZONINO, 6-23-99 ' CoadcoscIlln" Page 201 Page 203 1 with you tonight. You may have some questions about 1 about 1,000 to 1,200 homes a year. And you should know 2 what we plan to do, what we've submitted, rumors you 2 the Robson family has been in this business for over 4' 4 3 may have heard, or things you may have heard. See we a years. 4 brought with u.: tonight, in addition to Dallas Paulson, 4 I'm going to tell you a little bit about 3 who is our executi•.m vice pr sident of development, we S our corrimmides, not to go back. I'd appm late you 6 brought our engineering staff, our construction staff, 6 bringing that down. Thank you. 7 the planners who planned this project, the engineers 7 When i was but last time, I told you s who put thi,; submittal together. So whatever kind Df s that the rumor mill here is extremely effective 1z that 9 questions you may have tonight, we're in a positlon to 9 1 had gone for a haircut a few weeks previously and 10 answer them for you on the spot, to that the barber knew about our closing date and about 11 1 did have an opportunity to speak to I1 all our timings and things. I did go get a haircut 12 you during your lunch break. That wasn't part of the 12 today st the same place, and he gave me some ,dvice I S PD process, but I did have an opportunity to speak to 13 about tonight. And what he basically acid to me la be 14 you during your lunch break, I believe, two weeks ago. 14 said that our submittal was one of the largest he had 15 So 1141 going to I have a slide presentation, which is ever seen. And be felt that for us because we were 16 I'm going to do st about 90 miles an hour -with your Id coming in tonight Wnking you-guys were going to vote 17 pcrmission, and what I would suggest is that you stop 17 on it tonight. And be said that that was probably bad 19 me when is that you, atop me whenever there's is strategy on our pan. What we should do is we should 19 something that's interstin . and you felt like 1 19 take the opportunity today to kind or educate yvu about 20 glossed over it a little too quickly. 20 what we want to do, what our project Is, get it to 21 I'll tell you just a little bit about 21 somebody you know, what he sold was that our project 22 Robson Communities. You should know that we do 22 is very different from a typical residential 23 master-planned retirement convrunities. Our projects 23 subdivision, and I should take the opportunity tonight 24 are enormous. In relationship to some typical 24 to point out what those differences really arc; allow 23 subdivisions, a typical project for us can last 20, 25 25 you to address those issues, specifically; and really Page 202 Page 2( 1 ytars, covers several thousand acres. Our largest i just have a back end forth dialogue, answering your 2 project right now is the Suntakcs project which is 26 2 questions, coneems about it and not get all excised if 3 years old It still has eight or nine years left to 3 you-guys do decide to continu► :i'.2 another meeting to 4 go. And it encompasses close to 3,200 acres, So this 4 give staff a chance to work out the details with our s project that we're contemplating here in Denton is not s development staff. 6 the lmgesr: it's not the smallest. It's somewhere in 6 So Dave said he'd let us speak to 7 the mid nge of the airs that wx do, 7 whether or not we're okay with that. We are okay with a You should also knot- that in addition to s that. We think It's a good idea. When this thing 9 these master-planned rct4cnent communities, we also do 9 comes to you-guys, we want it to be u clean as 10 convonlionai typical housing subdivisions in the to possible so it will smooth is clean to possible to I1 Phoenix area, We also do congregate cart, congregate I1 Council and that's our strategy in doing this. 12 housing We do small shopping centers We do small 12 Real quickly, talking about the active 13 corunercial buildings, medical plazas, things that you IS adult communities. Our communities are age-restricled 14 w•culd typically see within a large mater-planned 14 communities. We follow federal HM guidelines. Those 15 community. We've developed those. We've built those is federal HW guidelines are very strict. The practical 16 for ourselves; we've built those for others 16 application of it Is that the rules are basically 17 At last month's ranking, we were the 17 that, you knew, the eider spouse or the older person 16 4:th largest borne builder In the United Slates. Within Is purchasing a home has to be SS and older. The younger 19 Arizona, we're the 16th largest privately-held company. 19 spouse can be anywhere above 19. There are exceptions 1 20 And we do over the my notes say 1,000 units a year, 20 to that strategy to allow for certain "a of family ! 'r 21 We actually do closer to 1,200 units per year In 21 events. So there's a certain percentage to whtve the 22 single-family. In trocnt years we've done soft 22 older spouse can be as young as 60 years old. 23 multi-family, as well, That gets the numbers up pretty 23 Thore is some flexibility In how those 24 quick. But single-family, whlch represents 99 percent 24 rules are applied. You should know that the hud and 2s or our dollar volume, 99 percent or our b sass wt do 2s fast rule is that nobody under 19 see permartmt STOFMS & ASSOCIATES DENTONr TEXAS (940)565-9797 Page 201 • Page 204 73. ` Condcoseltl"" PLANNING & ZONING, 6-23-99.. Page 205 Page 207 1 residents. Nobody under 19 are porman'oni rt:sid~nls. i Cannot be in permanent residence. 2 And what that translates to is not a single person is 1 The reason why they eanno'. be in 3 put into the school system as a result of our project 3 permanent residence is the community Is just not 4 MR. ENOELBRECHT, We have a question. 4 designed for them. The schools are not considered. 5 MS. APPLE: I'm Sorry. S Their needs are it -t considered. You should know that a MR soRmo,. That's fine. S in this isn't part of my notes. But in our Oakwood j 7 Ms. APPLE: And I appreciate that you're 'I Complex, which is one of our communities, wie had a s trying to hurry, you know, for everybody's benefit s kiddie pool in the clubhouse. And you say, well, why 9 Just a quick question. Could you run 9 is there a kiddie pool in the clubhouse of a retirement to that back to me how this is a community for older io community, the answer is that a large part of our I I adults that the primary buyer would be 35 except for i 2 buyers kind of don't want to be around kids, but some 12 those cases where they be 407 I) of them really do want their kids to be there, so we've u MR. SORMO: Okay. A typical 1) created and we've built a separate pool for the kids. 14 subdivision, you can't discriminate based on a lot of 14 And it's behind the fence and it's got all the 1S things including age. HUD provides for a special i5 appropriate safeguards on it. 16 category of housing, active adults, senior communities, 16 Ms. APPLE: What 1 was trying 10 discern 17 retirement communities. And there's a very strict set 17 was the difference between there was no hard and fast is of guidelines that if you follow as a developer and to 55. 19 they're included in your tx and Rs, in your doed 19 Mil SORIANO: There is. 20 restrictions, and they're enforced uniformly and 20 MS. APPLE, You basically would be over 21 fairly, you're allowed to create a community designed 11 40. I guess you've lost me. 37 for the needs of older people and the desires of older l) MR. ENOELBRECHT: 20 percent. 2) people. 13 MR, soRiANO At 20 percent, the older 24 The rules are: The elder spouse needs 14 spouse there's some latitude within that 55 and 25 to be 55 or older to live in that community; however, 25 older, and that ;120 percent of your community, the i Page 106 Page 208 1 you know, things happen I mean, sometimes you might I older spouse can be 40 or over. 2 get somebody who meets that 55-year-old requirement who 2 Ms. APPLE; Okay. So it's just 20 7 has a spouse that's younger, and then the elder spouse 3 percent of the population can be 40 or older and the 4 passes away, then the younger one gets remarried. So 4 rest of it is going to be 55. 5 things happen So there's a percentage where the elder 5 MR, 50RIANo.. Right 6 spouse only needs to be 40 or over, 6 MS. APPLE. Okay, 't'hank you. 7 A percentage of your community over time 7 MR. sORIAm The older spouse is to be s ages differently, so there's it percentage and I b 55 or older. So what we are proposing to you is an 9 believe It's 20 percent of your residents only have 9 age-restricted active•aduli community, so it will be 10 to - the older spouse only has to be 40 or over. The to subject to those age guldelim-s and that creaks a I I hard and fast rule and the rule that is meticulously l1 whole bunch of opportunities for the community and for 11 enforc d is nobody under 19 in permanent residence. 12 the residcnts. It also creates some challenges and 13 ens, APPLE: So that's the only hard and I3 special needs. 14 fast rote. 14 It's these special taeds that fora us t S m p sokmo. Well, they're all hard and IS to conic to you with a Pl) application. We don't quit 16 fast rules, but the critical one for operating the 16 fit, You know, it's a square peg in a round a hole or 17 one that gets the most focus, I guess, from PU 17 a triangular peg in a square hole. We don't fit into is Commissions and Councils is that nobody under 191n is any of your ei',y`s or, frankly, any city's just 19 permanenl residence because that's the one that's the 19 standard deal. We are always forced to look to the PD r , 20 most critical to the school systems and how the City 20 process or the PAD process in different places to A 21 vlews projects, typically. 21 address those needs. And that's why this 13 coming to f r r 22 Now, that does not mean that a 22 you In the form of a PAD. 23 grandchild or somebody under 19 can't come and visit, 2) Resident demographics, you should know 24 They can come and visit They can stay for ovmlgM; 24 that Bernard Weinstein did an economic impact study. 25 they can stay for weeks; they can stay for the summer. 25 lie's with the Unt ersity of North Texas. I sent to STOFFELS & ASSOCIATES DEMON. TEXAS (940)565-9797 Page 205 • Page 208 74. - i PLANNING} & ZONING, 6-23-99 ' Conde oscRIT"e _ Page 209 Page 2111 I each of you a copy of the economic impact report ' For t private-gated community, the community needs to have a 2 the general public, copies of that report are availablo 2 nechantsm to enforce that landscape is maintained 3 through Dave Hill's. We've provided him with sortie 3 properly; the fences are maintained conststcrttis, and 4 copies. We'll provide him with more so if anybody in 4 that somebody doesn't paint the fence Orange. And what 5 the I -.netal public wants to we them, they're available 5 we do is we docd testrict the properties so to some 6 to whoever wants it. 6 very serious and v: -Y extreme deed restrictions which 7 in that economic impact report, be 7 have evolved over the 26 years that we have teen at Sun I addressed the average net worth of a typical resident 6 Lakes to try and aderess as many concerns ss we can. 9 of one of our communities as at or above about is 9 And those are enforced by the homeowner's association. 10 million dollars as a net worth. Their post-retirement 10 A copy of a sample act or doed I I income was over S I DO,00,00 per year. So what we're 11 restrictions is in that loose:,-r that you-guys were 12 taking about, one of our communities tends to be a more 12 given. It's at the tail end 13 affluent buyer; although, we bavr a product that runs 13 Okay. Recreation-oriented lifestyle. 14 the gamut in price spectrums. Because Of the amenity 14 71.11 one I can go quickly through it. A typical 1 s levels, because of the items that wr offer, we tend to 15 community for us not typical, 'Rds community, The 16 attract a higher-income or higher-nct worth buyer. 16 one that we're proposing to you will Include things 11 Spend ing and taxes in that economic 17 like champlons:dp golf courses, i! fact, throe of them. to impact report, which is, again, available for anybody is It wile include things like health and h.ness =tcrs 19 in the public wl,o wants to we it, he addressed what 19 that are addressed to the specific needs or this age 20 their spending habits and what the impact on sales 20 group and what their rrquirements are. they at this 11 taxes are within the community. I'll leave it to say 21 age group, they're at a different stage, and the 22 that it's a material impact exceeding DFW does beat 22 exercise equipment that they need is different. The 23 it, but very few other projects that have occurred in 23 level of supervision they need, the level of education 24 the mclroplex exceed this project in their contribution 24 they need with respect to it is different. So cox 25 to taxes and to overall economic growth of the 15 provide those age-spocific and demographic appropriate Page 210 Page 2 1 community. And what's kind of nice is as opposed to i typeof services other things we'll include is j 2 some other residential projects, say, that also have 2 swimming pools and that's multiple; tennis 3 positive impacts, we don't put a single child in the 3 facilities that's multiple; arts and crafts areas 4 sel ool system, and, yet, pay the full compliment of 4 and tlmt's multiple. 5 school taxes. 3 W7tat we're proposing here Is, for 6 Tho other issue is that because our 6 example, our Sun I.nka community is one or the nicest 7 residents tend to be higher Income, they also tend to 7 communities in the United States, Every year we win 9 be more retired professionals, And what that does is a one of the top community awards In the United States. 9 you get a group of people that value that value 9 A'hal we're proposing here Is Meet than what we've done 1 to things like the school system; they value things like to anywhere else. Our budget for this and what we're i I municipal infrastructure; they value things like I 1 proposing to do is nicer than anything v,e've done In 12 municipal parks programs; they lend to voiantcer for 12 any of our other communities. j 13 those types of programs. I know that the hospitals and U This is proposed to be a gated 14 medical centers and church groups around our other 14 community, and that's actually essential to our program is communities rely heavily on our communities for a o here. The pros or doing a gated community In our mind 16 source of volunteers to help them kind of run tl>cir 16 is going beyond just the safety and security issues. 17 programs, So that's one of the other benefits that we 17 It provides a sense of community for our residents, and i It bring, is it lets them kind of express thelr Individual needs 19 The next item is we do put In each of 19 with respect to landscaping, with respect to pedestrian i~ 20 our communities a homeowner's association, and we do 20 corridors, with respect to vehicle corridors. So we're A 21 enact CC6:Rs or covenants or deed restrictions on each 21 proposing a private gated community where the (f 22 of our homes that address some of this things I heard 22 homeowner's association does all the maintenance or 23 here earVer tonight like fences, like landscaping, 23 everything Inside thou gates. They pay for it 24 like architectural Issues, like architectural 24 themselves. It's not a burden to the City, but It's 25 standards, Recousn what we're proposing to you Is & 25 going to be different than what this City would STOFTBLS & ASSOCIATES DENTON, TEXAS (940)565-9797 Page 209 • Page 212 75. c PLANNING & ZONING, 6-23-99, - Condenseltlr" : Page 213 Page 215 1 typically want in a typical neighborhood in a typical t neighborhood, we've got a grid pattern or lot against 2 subdivision where a typical builder is building 100 2 lot with a fence In between. In our oommunitiei, 3 houses. We're a.,king for different things end those 3 you'll am some of that But what you'll also see in I~I 4 are in the loose-leaf. But we're going to maiwain 4 our communities is small lots, then common area behind I S them ourselves out of our own homeowner's association S I% and then another small loL Them's a tendency by f 6 fees. That's not to say that our residents won't pay 6 some people to automatically equate small lots with 7 the full compliment to city taxes. They will. But the 7 cheap loci and equate cheap lots with problems. And a s City won't have to provide some of the menu of services s point that I made to yea last time, I just want to.make 9 they offer. Things like police and fire, they'll have 9 it agaln quickly, is that's just not the case with the to to do, but pings like recd raainlenarrx, things like to retiree. We've got, you know, casito product, which is I I drainage maintenance, those types of thing, the City I I In your what i mean by easits product is in your 12 will be relieved of elthoug% they'll still be 12 book. It's a real small house on a real small lot, and 13 collecting 100 cents on the dollar of the taxes that 13 it's going fir, you know, 250, $300,000.00 in some 14 they normally allocate towards those issues. 14 areas because they spruce it up wi+ Conan and they 15 There is a con to private gated is spruce it up with upgraded tins and upgraded that, and 16 communities and that's the residents of this community 16 it's overlooking the "!nth hole down a green fairway. 17 will be, double paying. They'll be paying their monthly t7 And it's not people %40 are buying it because that's is homeouTcr's association fee and then which provides is the affordable option. It's people who are buying it 19 those type of road maintenance and drainage services 19 because tbe,'re going to spend their time in the 20 and they'll also be paying the typical city taxes. And 20 clubhouse; tixy're going to spend their time in the 21 they know that up front and it's P. decision ttey make 21 arts and crafts facilities; thty're going to spend 22 and it's fully disclosed to them, and they can choose 22 dxir time on the golf courses. 23 or not buy with the recognition that they will be 23 And I'll go faster, but stop n,e if 24 paying both forever. 24 sonivibing is more interesting. ]s that okay? 25 Amenities. The best way for me to 25 MR. ENOELBRDCHT: Are you abour reedy to Page 214 Page 216 1 address amenities without duplicating everything is the 1 wrap it up? Is that about it? 2 best amenity In our mind is green space, open apace, 2 MR. SORMNO: No. Do I need to bet 3 and we would provide a lot of it. We provide it in the 3 MR. ENGELERECHT; Commissioners, I know 4 form of golf courses; tennis courts; walking, hiking, 4 we've been over the 10. It would appear that the 3 biking paths; botany arcda; softball fields. All those s consensus Is about five minutes. 6 typos of things are all active gran space, olive open 6 MR, somm All right 7 areas 7 MR. ENGELBAECHT: Part of this one of a What we've found just through doing s the reasons is we've heard most of Ni already. 9 and this is an example of the type of things that we're 9 MR. SORIANO: Okay. Well, then I'm 10 asking you to look at a little differewly for our deal to going to I1 is that 1 you know, I have two kids, so I wanted a I I MR. ENOELBRECHT: Any of those things 12 big backyard to 1 could put up my swing set over here 12 that you've covered in the other briefing, if you could 13 and my pool ova here and a vegetable patch over here 13 skip those. 14 and a sandbox over there. 14 MR. RISHEL: Our retention is good. IS Reircas are a little bit different. IS MR. SOAMtY. Well, then what I'll do is 16 11tcy want to go to the pool, but they're going to the 16 I'll come to here. I'll talk about, you know, the 17 pool at the clubhouse, They don't want to be out 17 individual items I was going to hit, and this is where is there, like 1 am, every Sunday morning mowing On lawn. Is I pulled it all together, Is we do sonic things 19 Thcy want somebody to do that for them. So what they 19 differently, It's the amenity package. We have the ~r 20 want b they want It smaller lot. They want a smaller 20 private parks and open spaces; the preponderance of 4 21 lot so that they don't have to maintain as much In the 21 green space; we created the destination resort f' + 22 way of open apace, but they still want the open space 23 atmosphere for our communities; we'll have golf courses 23 Thcy want the open space to be maintained by the 23 in our CC AK protections. That's how we pull it all 24 homeowner's association. 24 together into what really constitutes a master-plannod 25 So what you might se, In a typleal 25 community, not just a stries of subdivisions parked STOFFELS & ASSOCIATM DENTON, TEXAS (940)565-9797 Page 213 • Page 216 76. k F PLANNINO & ZONING, 6-23-99 Coadenselti"' _ Page 217 Page 219 I next to each other. 1 and you exclude all the multi-family units. So 2,3, it 2 Site access. Critical points here is we 2 is what it Is, and about 2.75 overall. So the real 3 have done a very preliminary traffic study. The 3 number to focus on with us is the 2.75, which is what 4 traffic study indicates that 35 and Crawford Road Is 4 we're asking for In single family and multi-family, 5 dw primary entry point for this project not; where 5 MR, HILL: Can I say something just tot 6 the bulk of your traffic is going to come in. Neat 6 the r~cordl I~ 7 things about our traffic Is that because are reti ices, 7 MR. SORIANO: Yes. a they tend not to be on the road between 7:00 a, in. and a MR. HILL; The Robson project was 9 9:00 a.in., between 5:00 p.m. and 9:00 p.m., which is 9 granted an exclusion from the multi-family moratorium, 10 when everybody else is oo the road. So we have reduceio if you're wondering why it's part of this. 22 trip count generation, and it's during off-peak hours. II MR. SORIANO: At full buildout, the t2 So those things combined really minimize our impact on 12 project has four accent points, two off of Crawford, 13 roads. t3 one off of Florence, one off of Lively. Crawford Road 14 Site analysis. lbose of you who have 14 is being in a partnership between us and the County, 15 driven past it know that there's not a whule lot out is Crawford Road is being redone over the next 12 month+ 16 there right now. We are starting from scratch. not's 26 to accommodate any kind of traffic. Florence Road is 17 both a blessing; that's a little bit of a hindrance. 17 being handled by the County. And we're working with it The blessing is we're not going to have to tear down is staff with respect to what kind of needs Lively is 19 strands of trees; we're not going to have to change 19 going to have over time. It's going to take a while 20 pretty waterways. 20 for that to be importrnt to us, and Ill show you that 21 The problem is that we've got to plant a 21 phasing plan In a second. 22 lot of trees over time. And 1 kr.ow that des; City has 22 Signage. The bigger stars show you the 23 the 15-troes-per-acre program, but across our 23 location of our Cgaages. Here's examples of the type 24 approximately 3,000 acres, that's 45,000 trees. And 1 24 of signagti that we propose to do. ibis is kind of 25 don't know that when that ordinance was enuted,1 25 important, Some people, you know you'll notice that Page 218 Page I don't know that that was considered. You know, the i we tend we do not put sidewalks in front of every 2 cost of 45,000 trees is material. I don't know how 2 house on every block on every street, We provide 3 that's going to weigh into considerations when you look 3 alternate access ways. This Is it typical road section. 4 at our plan, 4 And what it shows you Is 1 don't have a way or s Pfojcct goals, We want to make this s 5 pointing on here. But you we where the vehicles go, , 6 destination resort. Wove been working with ad;acent 6 and then on either side, you'll we a meanderir4 path, 7 property owners like the Hillwood people, 7 On one side that meandering path Is to accommodate golf a representatives of the Cole Family Trust, which owns a a can trafric, which takes up a lot of the trips within 9 large section next to us. And it's actually coming 9 the community. O-s the other side, that's a pedestrian 10 together now to kind of come up with an image for this 10 path. 1 t area that is different than, say, what it could have 11 MIL LNGUAREcirr. All right. I` 12 L:cn. If you go into some of tie county areas that 12 MR SCA1.00: I'm sorry. I'm going 13 were do:.e a long time ago, there's trailer parks in 11 Ma E ELBRM- T: net's fine. 14 there, and we're looking to turn that around and really 14 MR SORIANO: This is the phasing plan. 15 crate a destination resort for the area. is Oops. That was the phasing plan. We are starting on 16 This grid is in your book. This is id Crawford and we're working our way north. 17 where 1 thought that you-guys might have your biggest 17 MR. LNOELDRECHT: Don't listen to Mr. is questions. What 1 would want to say Is that the City 19 Rishel We're not that fast at absorbing Information, 19 of Donlon is in @x process of doing thcir'99th Growth 19 Me.soRiANo: Okay. Dave already told rr, 20 Management Plan, and this site has been designated for 20 you about the status of our annexation and what's At 21 this type of u: e, ,o we comply. In fact, our densities 21 happening with the City of Northlakea The last things 22 are probably a little better than what we would be 22 1 went and then I've got three more points and I'm 13 allowed to do. What we're coming into, sort of asking 21 done. 24 for, Is 2.1 units to the acre on the single-family 24 A couple of things is In our PD. 25 portion, if you exclude all the multi-family acreage 25 we're submitting to you a lot of things that are STOFFELS & ASSOCIAT) S DENTON, TEXAS (940)565-9797 Page 217 • Page 220 77. r PLANNINO & ZONINO,15-23-99.. Condcnscltl`" r : ' Page 221 Page 223 1 different than your standard programs. This is not an I supportive. In fact, several of them have said let me 2 attempt to try and reduce our costs of being In the 2 know when you're opening. We're interested In being S horse building business here. In fact, our lot 3 buyers there. 4 development costs, when you consider all the pxtres we 4 So that's basically the Mmile-an-hour s do, l would venture to guess is substartially higher s version. 6 than any of our competitors because of the extra things 6 MR. ENOELBRECHf: Okay. Commissioners, 7 we offer, 7 questions? 8 The things that we're asking you-guys to 6 Yes, Mr. Moreno. 9 kind of allow us to substitute other things for are 9 MR. MORENO: Yea, sir, Mr Soriano. I ID because they're not appropriate for this age group, to have what I guess I will describe as a very elementary I I It's not because we9e trying to cut corners or cut 1 I understanding of what a retirement community is. 12 nickels and cut dimes. I can assure you that our 12 MR. SORIANCt Okay. u construction cost per lot is higher than a typical 1) MR. MoRFNO: t did have the opportunity 14 subdivision because typical subdivisions don't do 14 to tour the community down in Ocorgelown, which I 15 things Like the open space, the golf course well, as is understand is one of your competitors. Is much open space, as mush in the way of golf courses, 14 MR. SoRtANO: That is our competitor, 17 tennis courts, clubhouses, activity centers, arts and 17 MR. MokRNa 1 think I understand why is crafts centers. So the things that we're asking for 18 you would be requesting different standards in regard it that arc different are bccsuse they're age appropriate it to density and lot sin and setbacks and stmt design, 20 for our buyers. 20 things of that nature. What 1 don't understand Is why 21 Another thing was how does this fit In 21 you're requesting variances in regards to landscaping 21 with the whole growth plan of the City? We address 22 and drainage. And staff or somebody is going to have 23 that a little bit with the 199, you know, comprehensive 2) to explain those factors to me very, very carefully 24 growth plan. It's consistent with what that plan 24 before 1 get a good feeling about voting for this 23 shows, and it's consistent with what we know our 15 project Page 222 Page 224 l neighbors are planning on their site. I xsa, soawto. I think that staff will be 2 The last thing is our neighborhood 2 able to adequately explain the motivations and the 3 mooting issues. All of our neighbors are in the City 3 reasons for thou. And then we good reasons for 4 of Northlake. The best•attendcd NorthIake City Council 4 every one of the variances we've asked for. And s meeting ever was the one where we mad- it presentation s another thing, which I'm not sure how to accomplish 6 to the city council of Northlal.e. I believe everybody 6 Ns, but if you come and look at any o' our 7 In a lot of people is Northlake attended, But I do 7 communities, and outs communities are Dclwcb is a 8 know the city of Northlake invited everybody In that 8 wondcrrul company. Our communitiev are a tittle 9 Brian's Trust subdivision, which is across the road 9 different, though. if you come and look at anyone of to from us. At that mooting I answered all their to our communities where we have conttcl of our I1 questions. Dave Hill was in attendance, but ho wasn't I i landscaping, which is all of them, you will find the 12 really there in his capacity as a City official at a 12 landscaping is exceptional; it's well In excess of what I S neighborhood meeting. I) the Ci.y requires, but It's different than what the 14 So it wasn't a true neighborhood 14 City requires. And I Suess- and when you look at t s meeting. but everybody who would get invited, got I s those individual req~rests that we're making, you may be 16 invited. They had an opportunity to ask questions, 14 able to gale a sense of comfart for those ddrerenve. 17 They were very supportive. At that time the only hot 17 Other issues Is in a typical and to 18 question that came up was they were worried about us 18 address the drainage one, which I am not an engineer at 19 drilling wells, because they were all on well water, 19 all, but the real quick answer that I an glve yw, and r 20 Since then, we've arrived at a solution 20 then your staff will foci even better, is in a typical h, 21 with the City of Denton. It's going to be a 21 neighborhood, you don't Its" a golf course to funnel 22 surface-water strategy. There will still be wells on 22 water through. You know, wren you have "nap water 2) the property, but now there's a surWe-water system 23 coming through a typical neighborhood where you've got N which is our primary sourca of water. So the well 24 grid patterns and there's rows of st:=4 and rows of 13 issue wvrt away with them. So they've been very 13 houses, you've got to bring that water down the street, STOFFLLS & ASSOCIATES DENTON, TEXAS (940)565.9797 Page 221 • Page 224 78. PLANNING & ZONING, 6-23-99- Condenseldr`4 Page 225 Page 227 1 and it's real straightforward as that one case you went I excited about the kinds of people we're going to bring 2 dirough earlier. 2 to the arts because we brhag patrons of the arts who 3 In a subdivision like airs where we have 3 are coming to the area specifically to be Involved In 4 all these gram spaces and open Spam and existing 4 what's going Ln in the city. And that answers the arts S channels and existing waterways, there's just ways to' s and music part of it 6 be smarter, w;ys to be snore efficient with how you 6 But if you're #Adng about social 7 channel, you know, rain water and naturally-occurring 1 p%Srams, if you're 0.1,<ing about volunteerism, if I drainage waters, and things like that, through golf -u'rc'elking about library volunteerism, the best way 9 courses, through the grans spaces, through the open 5 . get them is real easy, invite them, because these 10 spaces. 10 arc retimea who value community Involvement. We're 11 And I'm not going to try to crake for it I I talking about people who were probably active in their I2 today, but IT give you a hint of where I think when a communities wherever they',e coming from. We might be 13 you Investigate it further, that's the direction that 13 talking about some of you. And what we're talking 14 the answers will come from. 14 about is people who value community involvement. The Is MR. MORENa Okay. Thanks. iS best way to get them, Invite th,m. That's all it will 16 MR soRIANO.. Yea, sir, 16 take. 17 MR ENCIELDRECHT: Other questions? 17 Ma. ENOELBRECNr. Otter questions? I I Mr. Rishel. Is MIL HILL One r f Ile things, I 19 MR. RISHEL: flow do we as a Community, 19 MR. ENGELDRECH i': Mr. Hill. 2a the city or ben in. get the people at your community 20 MR. Htti - if you don't a^.aln, 2I Involved in what we have to orr r as a Cityll flow do we 21 Provided you as= with our Intent or our 22 get them involved In ow social programs? How do we 22 recommendation, I think one of the things that % e 23 get them involved to volunteer when you have so much 23 were - we provided you sonic or the Mnff uommenL In 24 out there to capture them and hold their attention, 24 the backup regarding some of our review concerns, And 25 what is the key to that as you've seen? 25 Mr, Moreno brought up at least the issues of Page 226 Page 22 1 MR. SORIANO: Okay. The a couple of I landscaping and drainage. 2 answers. One of them ts that the reason why wC want to 2 If you have any instructions to staff 3 be here and we do want to be here 1. because of 3 regarding items you'd like us to look at to that them 4 all die City of Dcnton has to offer, certainl3 with the 4 are no surprises July 14th, if that Is your intent to s University system that you have hero. The university 5 postpone, then that would be very helpful to us a we 6 here is heavily into arts and ;heater and music, and 6 conduct our research over the next three w-..-s. 7 that was a tremendous attraction for us. 7 MR, ENOELBRECHT: If you're th:.kin a The best way to get them Involved %n I about that, I'd like to weigh fr. et this pal it in ime. 9 your programs is to invite them. And I've already met 9 You have requested a variety o' Io with everybody at Ise trnivcrsity of North Texas from to permitted uses in calcgorles that wr d-, ot elto% or wa l1 the chancellor to each of thr dcpul=nt heads. 11 only allow by specific use permit 12 They've each conducted individual end group meetings a MR. REICHIIART. Okay. 13 with Rohson CommunPics laWrij about integrating a MR. ENOE[.0RECHT: I have, Je'.,! x 14 programs, even placing some campus not satellites, 14 concerns about the stables in Singlc-F.' -:y 7. Why is but basically pulling university ~ufluence tut In our I$ Isn't that just simply labeled out? Whrydon't you put 16 community, in our clubhouses, In our common areas to 16 it In some other category? As I perceive this, you're 17 integrate our community Into their university system. 17 asking that stables be allowed in single-families Is You know, for people to gel kit 1s MR SOIWNa. Then maybe an appropriate 19 doctorate in music or theater, I guess they've got to 19 step would be that, you know, stables are allowed as r r' 20 put on a play or a concert, and they charge two or 20 long as at that time staff fools that they are properly J' ! 21 Ouse dollars a show for quality, quality arts. And 21 segregated and separated. 22 they can't fill up the rooms because there's just 22 MR. ENGSLDRECHT: I don't know. 23 not you know, tic popul,'ion is just not them. 23 just - 24 The university is majbie tickled is 24 MR. REICHHART: We'd be okay with that. 2s not the right word but the university Is very 2s We're okay working with staff, STOFFELS & ASSOCIATES DENHON, TEXAS (940)565-9797 Page 225 - Page 228 79. PLANNINO & ZONING, 6-23-99 • . Condonseltl m Page 229 Page 231 l MR 111L4 I think we can come up with 1 maybe or whatever. 3 language, again, knowing that a deta led plan is going 2 I mean, I'm sure you have colic idea t S to provide ror their detail. 3 because of your other communities. You probably 4 MR. SORL4NM Yeah. That would be okay. 4 MR. SORtAM You're giving examples of S MR. ENaELBRtcrm Actually, stables is s kinds of thing% you want future classification on? You 6 all of the living areas. I think tim personally my 6 don't need me to explain the sutobody ihing right now? 7 concern is is that we Wave to realize that we'n zoning 7 MR. ENOELBREM. No. No. I the land. We aren't zoning Robson. You guys could go a MR. SORIANO. Okay. 9 away tomorrow. I mean, probably won't. You have it 9 MR. ENGFLBRECHT: Commissioners, der you to record that you that that's not a high probability. to have other I 1 But it's still & probability, And that's one or my I I Yes, Mi. Rishel. 12 conoems Is that we look at the land and consider the 12 MR. RISHEL: Looks to me like one of 13 possibility that you wouldn't be there in ten years or 13 the things you referenced tarsier was the tree 14 whatever, berorc it's built out. 14 requirements that we have in place, 15 threes per acre, is MR sORIANM Staff has brought tl:•r 0 And our staff has recommended, in fact, that we uphold 16 Issue 1.? to us to expect that issue from the 16 that. 17 Commission. And our answer is we're comfortable within 17 What are you recommending when you la the Po that you-guys approve, make it so that you 16 say ten trees per acre, what are you substitutinj for 19 have there's certain changes that we're allowed to i9 that as an amenity? 20 do, but we're held to certain standards. And if it 20 m SORrANO: Well, what we've done 21 again, we all agree that there's very little chanct 21 is well, what we had done when we put that 22 that there will be a successor and Interest, but there 22 loose-leaf together is our issue is that some p ople 23 may be. And just hold us to high standards. that's 23 don't want a bunch of trees on their house property and 24 okay, 24 maybe they shouldn't be forced to do it. So if you 25 MR. ENaELBAECHT. Yeah. Another one. 25 take the other 45,000 trees and put them in on the gulf Page 230 Page 232 1 Another concern 1 have is actually, it's even a I courses and open spaces, you run out of golf course and 2 question. Water treatment plant and neighborhood 2 open space. 3 services. I wasn't sure what that was or 3 So wo talked about that with staff and 4 MR. SORIANO: Water treatment plan is 4 staff said, you know, you really should think abort 5 what it sounds like, and It will be a City of Ile oton S sticking with that 15. It's important to out 6 wastewater treatment plant. And it will bt it will 6 Commission. It's important to our Council. And so we 7 meet all the latest technology and all the kacst 7 came back and sold, well, we're trying to figure out 6 standards, and it will be approved by the appropriate a sortie way to maybe since we have the benefit of 9 state and fcd-ral agcrtcict And that's what that is 9 having the 25-year project, maybe ws can plant 10 Nelehborhood services arc what dx:y to smaller-gauge trees, and over time, they'll get to be I i sound M cc, you know. And it may include anything from n the size you want And that's f Ind of our what 12 wata, you know, systems to police, fire satellites. 12 we're working on with staff rigi t now, and we have 0 I'm not sun, 13 not you know, they're thinking about It. They've • 14 MR. ENOELbRECHT: I think that maybe our 14 got to review it and digest it. 15 definition of aeighborhood services and yours Is 1$ MR, RISHEL: And you're doing this in 16 different. 16 phases, right? 17 MR. somtANO: Could be 17 MR, SCRtANU The community will be 1a Mit ENOELBRECHr: And I think maybe the 1a built in phases. One of the comments that I heard , 19 start needs to kind of y'all work tog.ther and i9 from in the barber shop is that, boy, this is a r , 20 figure that out and maybe have a different category or 20 big well, you know, it Is what it Is. And one of A 21 something because another one within in lbcn was auto 21 the comments 1 heard was that, oh, my gosh, 7,000 r r t 22 painting i nd body mpalr, And that's ban, 22 horMS. net's quito s bit of homes, And my answer to 23 trsditiona'.ly, wet of a kicker In this town in lermi 23 them Is, well, we're thinking 300 homes a year, which 24 of I'm root sue exactly what you even rmyn by that. 24 is less than some of the other deals you-guys have 25 A little mull plea to fix outornobitn kind of thing 25 approved In the last couple of wocki are doing. Our STOFFELS & ASSOCIATES uENTON, 'TEXAS (940)565.9797 Page 229 - Page 232 80. t v PLANNING & ZONING, 6-23-99 , Condcnseltln' Page 233 Page 235 1 impact over a 25-ycar period will be a large number of l we're giving in on ngs. And It 'a a partnerablp, and 2 homes, but our the acceleration, the velocity, the 2 we're working with staff And we think they've been 3 absorption, the visible impact, the day-to-day impact ) very reasonable, and, hopefully, they think we've been 4 on your community will be slower than a lot of the 4 reasonable, and we'll get something that they can be S other subdivisions you hove cooking right now. Some of s proud of and we can be proud of j 6 the stuff you approved tonight are going to go faster 6 We're going to be there for a long time. 7 than 300 a year. 7 1 think what we found out last night at City Council 8 MR RtSHEL: If this the barber that 8 mating is we're now the largest property owner In the 9 also does the tarot cards and the palm reading? 9 City of Iknton. We're the largest stakeholder In the 10 MR SORIANa I'm sorry? 10 City of Anton. We're not somebody coming from out of I I MR. RISREL: Just as a recommendation. I I town. We have a bigger stake In IN City of Dcnton 12 MR. SORIANO: Yes, alt, 12 than any other property owners We want this to look 13 MR. RiSHEU It seems to me that If 111 right. We want and we're going to be I ere marketing 14 we're still going to if, in fact, we did require the 14 for 25 years. It's got to be good. So we're with you, 15 15 trees per acre, that one of the ways to work with 15 If IS Is the right number, then that's the right 16 the City on that Is in the areas that you're not yet 16 number, 17 ready to develop, maybe to go ahead and plant those 17 MR HrLu We'll work more on that. 18 trees there. And as you get into those areas, then Is MR. ENGELS RECHT: Others? I want to go 19 they're more mature trees So that's a good offset for 19 back There were issues with regard to perimeter 20 us, I think. I don't think what we want to approve is 20 streets. 21 a tree for a rock or something. 1 don't think that's 21 MR SORtANO. Yes, 22 going to get us where we need to be. 22 MR ENGELSRFCHT: I'm going to be very 33 MR FNOELBRECHT: 01her comments? 23 Interested in what y'all are going to do to that, 24 Mr. Moreno. 24 particularly on those that you're going to be putting 25 MR MORENM Yes, air. Mr, Soriano, 1 )5 traffic on. And I mognlm that that will be _ Page 234 Page 23 1 believe it's page 15 of your Illustration says the lack 1 different times, but 1 also recognize the rest of that 2 of p'ant material on the site will necessitate the 2 area is going to develop, u well, 3 Introduction of trees and shrubs So given what you've 3 MR. SORIANa. Okay. 4 sold in your own words, I'm still having difficulty 4 MR. ENOELBRECHT: I would like 10 S reconciling as to why you can't comply with the 13 5 understand your streets. Are they curb and gutter or 6 trees per acre. 6 are they not? I don't know, That's not necessarily 7 MR. SORIANO: Maybe we will Comply With 7 good. I the 2S to the acre, but what that thing addressed is I MR. soRtANO, I'll refer this to the 9 that thing said, you know, to go from zero to tort is a 9 engineer. It's a little bit of both. 10 pretty good jump, And then, you know, what we have now 10 Jason. I I is zero, And if the tree ordinance was designed to 11 MR. ENOELBR.ECHT: In some eases, 12 keep developers from coming in and clew cutting treed 12 depending on the slope, you may want the flow to 13 areas or if the tree ordinance was designed to not lose i) sheet flow right off onto the golf courses or whatever. 14 the, you know, the crossfmbers area, then that's a 14 MR. SORIANa. "smptying it onto 1110 green 15 good thing. But this is open pmIrie, and the trees on is spaces and the open space, our detcntionarles are 16 that property can be counted on one hand, and we're 16 different, Jason Is our engineer who Is kind of 17 kind of giving in on that. So we don't nerd you 17 handling that with the wa;,r drainages. IS know. We're giving in on it, so we don't have to 1 11 Jason, 19 mean, you want to know SOMCNM87 I hope our giving in 19 SIR, BURGESS: The dreet: on the r 20 on that, it should be viewed as kind of how we've been 20 perinscter, which will be , I 21 working with staff, and we're oxn-minded about things, 21 MR. HILL', State your name forts. 22 We I will say this. There if an 22 MR. BURGESS: - Crawford RnrJ and 23 urgency on our prrt to get It done quickly. We have 23 fl ..,nee Road. 24 time eanstraintr on our part and delays will cause us 24 MR ENOELBRECHT: I'm sorry, Would you I 25 material hardship, To mat those quick rink lines 25 give us your name and business Address. __JI STOFFELS& ASSOCIATES DBNTONr TEXAS (940)565-9797 Page 233 • Page 236 gl. I t PLANNING & ZONINO, 6.23.99 CondonscltlS" I ;Page 231 Page 239 1 MR. SUROESS: Jason Burgess, S&R 1 MR. ENOELF dECHT; Yes. 1 2 Engineering, 9666 East Riggs Road, Suite 502, Sunlakes, 2 MS. APPLE: l have a question about one 3 Arizona. 3 of the proprosed variances that y'all have requested 4 MR. ENGELBRECHT: Thank you. 4 regarding maintenance. It seems contrary. It says f s MR BURGESS: In meetings with the s maintenance code requires the property owner and/or 6 County of Denton with the Crawford Road and Florence 6 agent shall be responsible for the maintenance repair 7 Rood is going to be In the county right-of-way, their 7 and replacement of all required landscaping and I discussions there, they wanted to curb and gutters. I MR. HILL: On page It. 9 The drainage there is going to be carried in barrow 9 1,13, APPLE: Yes, on page S. And your 10 ditches. to proposal is Robson Communities am maintained to a I I The subdivision's streets' Intorior will I I consistent high level, consequently, Robson Ranch will 12 be curb and Sutter, 6 Inches curb and gutter on the 12 not be requited to comply with this section. And 1 13 main Arects. When we pet into the resldentlat 13 guess I would say if they are maintained to it 14 streets, it's more of a row of curb and gutter go you 14 consistent high level, I'm not cure why you'd be 15 can drive over It. Some people here use wedge curbs is requesting a variance from wal requirement. 16 And 1 think they're using wedge curbs in Georgetown, 16 MR. BURGESS: lust a mistake. 17 which is 6 inches hlyher. It carries a Ltlle more 17 MS. APPLE: I'm sorry? II drainage, but it's a little more of a bump when you get Is MR. SORIANO: That was either a typo or 19 in there. But, yes All the strecu art Curb and I9 a mistake on our part. 20 guttered In some form. 20 MR. KEICHHART: The way it was explained 21 MR ENOCLBRECHT: Okay. What Is their 21 to me today was that it was a the variance request 22 standard of the subgrede and atI that, Mckness of the 22 was for a detailed plan for the irrigation. They're 13 pavement relative to the city of Denton? 23 asking for a variance from that, and theyjust cited 24 MR. BURGESS: In Georgrtown or 24 the wrong case. They will adhere to our landscape 25 MR. eNGELBRrcirr No, No. In what 2s maintenance code. They will replace per the coda Page 238 Page 240 1 you're proposing here. 1 MR. HILL: Again, on these items, as 1 2 MR. BURGESS: We're using a local 1001 2 think we've indicated, we wanted to show you what our 3 itch to design the toad systems based on being either 3 comments were regarding what is it faIrly leogthy 4 concrete Lively Road not Lively Road, but 4 document. I think most of these Issues can be ironed 5 Crawford Ford and Florence Road will be asphalt. They s out. And we've heard landscaping In several issues, 6 do not want to go concrete, They just said no concrete 6 and i think we need to address every single one of 7 pavements. They don't use thou, 7 those comments that we've heard you bring up tonighL I In here, we're still lookin; at the s I've heard some transportation comments. I've heard 9 options. It's open in discussion for the gcolech 9 some drainage comments. Also, checking some of the 10 whether they'll be asphalt or they'll be concrete. 10 permitted uses In those land use categories, I guess I I They w? l be designed based on the soil conditions that I I I'm wondering if there's anytwng else that we've 12 are there. There's a lot of clays expansive clays, 12 missed or that you'd like added to the list of topics 13 to they may have lime treatment; may have to have a 13 that we bring to you again. 14 fairly thick base. But we're designing them to 14 MR. ENOELBREtHT: Mr.'Powcil? is standards that they will last because the homeowners Is MR. POWELU I don't even know if It's 16 have to take these over later on, and it iy have as 16 appropriate or how to say It exactly. 'this is a large, 17 least maintcnance as possible. So they're very close i? large, large development, and I would look for the it to city standards. I'm not saying they're not city l1 staff to provide us with some kind of on explanation of 19 standards, but we'ru just using a geotech to size the 19 how the City would be protected if it got halfway done 20 base and the pavement thickness, 20 and then quit. I'm not trying to make mountains out of 21 MR. ENOELBRECHT: I guess that's all the 21 molehills, but something that would tell us if Robson, 22 questions I have at the moment with regard to sleets. 22 for whatever reason, stopped halfway or thm-quariere, J 23 Thank you very much. 23 what's going to happen to thu test of the land, and bow 1 24 Ms. Apple, did you have questions? 24 is that going to affect the cost of the homeowners when 2s MT APPLE: Sure. 2s it was going to be spread out over 2,000 houses and now STOFFELS & ASSOCIATES DENTON,'I'13XAS (940)565-9797 Page 237 • Page 240 ~ g2. 4 ( l I i ! PLANNING & ZONING, 6-23-99,. Condenseitl"s r_ L : Page 241 ' Page 243 1 we have to maintain all this property, and It's only - I MR. RISHEG In direct correlation. 2 going to spread out over 1,000. You get my point? 3 MR. ENoELBRECtim Yeah. That's In 3 MA HILL; Yes, sir. 3 correlation. Obviously, there's the tax issue, but I 4 MR. POWELL: And I'm not asking for an 4 want to address that before I do close this meeting s answer tonight. $ because I'm Interested in the issue of first off, l 6 MR. HILL, Right. No. But we can 6 believe that everyone at 65 or older will have their 7 research that. 7 tax rate frozen In your community, and that's just s MR. BUCEK: One or the Ungs from your 6 standard for the area, so and I don't know what 9 other private developments we've done, which we'll be 9 portion of your folks are 65 and older, but there will to looking at with Uxse folks, Is when you're dealing to be a proportion that are frozen. 1I with, like the streets, because not enough of the l I Mr, Powell? 11 development takes off and then the maintenance of the 12 MR. POWELL: If I can entertain that a it street becomes a problem, maybe the 1IOA ceases to 13 minute. My understanding of that, that's only the 14 exist, there's certain covenants that we do put onto 14 school district taxes. It's not the city and county, is the plat that make clear that the if emergency is I may be wrong on that. 16 vehicles, police and fire vehicles, can't really travel 16 MR. HILL: We'll get an answer for you. 17 on the roads because they're In such bad shape, that 17 MR, ENOELBRECHT; 1 dunk that's I do is the homeowner's association that exists is given an is have a question with regard to all of the homeowner 19 opportunity to repair, If it doesn't exist, the 19 association areas. I'm sssunilng that the golf courses, 2a neighboring property owners Is given the opportunity to 20 the recreation areas, awimmdng pools, clubhouses, and 21 repair, If they don't repair those strxts, then we go 21 that sort of thing are all part of the homeowner's 22 In and we make the repairs and we place a liea on the 21 association? 23 property for them. So those are the kind of items that 23 MR. REICIIHART; No. To be specific, the 24 we'll be working with that I think will give the kind 24 clubhouses," and crafts facilities, hiking, biking, 15 of protection you're talking about 2S greenbelts, those types of things will N homeowner Page 242 Page 2 I MR. POWELL! As long as the staff is on I associa0n type of type of areas. The golf courses 2 10 that type of thing, I'm happy. The only our 2 may be homeowner's association-type of areas, That has 3 question I might have is probably n personal question r not been determined yet. 4 that ":I talk to him later, but it would appear to me 4 MR Ltiae B trm: Okay. I want to ask i I'd be much better informed up here if 1 change where 1 5 staff to explain to us under what category those an 6 get my haircut, you know, 6 taxed, h that commercial property? Is That in the 7 MR. BUCEK, Dave Hill, I think, gave 7 homeowner's assxlatien's arcs, as well? We keep s that haircut, I hearing a great deal about the uxaUon, and 1'd like 9 MS. APPLE; Chairman Engelbrecht, I 9 to fully understand how that's all broken out In terms 10 guess because we just keep coming up with these same 10 or who pays what. And I think that's ail I have. Any II issues and the discussion doesn't seem to be I I others? 12 developing, Is there a way that we could close this 12 Bcfore we yts, Mr. Rishel. Did you I3 public hearing and continue it? 13 have another onel , 14 MR. ENOELBRCcim Yeah, The only reason 14 MR RISHELe Yeah This runny thought IS I have been hesitant to do that, l wanted 10 give folks IS came to ine. 1 guess what's to keep the assoclaton 16 time to conaidcr all these issues to give them, so they 16 from creating a S01(c)37 And I don't know what format 17 had that sense of you know, that everything was - 17 that would take in bccaming a nonprofit and us not Is that we've covered the things that we'd like for them Is being able to tar them at all. And It just coma tome 19 to bring back. And Mr, Powcll did a gnat job there or 19 Immediately so r r 20 sort of summarizing the wixlle thing, licy, explain to 20 MR. ENOELSRECHT: Well, that's a e 21 us how we're going to be protected And 1 might add to 21 question they can research. 22 that, as well. Where there arc differences from our 21 MR. BUCEK: Well, A S O 1(c)3 designation 23 toning regulations, I think it's aprrupriate to have U is not an easy designation to obtain, but I guess 24 some rally good explanation of what is It that's to 24 MR RrsHEL: It's certainly available, 1S the beocrit of, 2i though. STOI'PELS & ASSOCIATE=S DENTON,'IMS (940)565-9797 Page 241 • Page 244 MNL-I r C PLANNING & ZONING, 6-23-99,, condcnscltlr, Page 245 ' Page 247 1 MR. DUCEK: But if a church clmp under , I portlon. 2 some : asis I mean, there's probably some way. Salty, 3 M0. ENamisk CHT: Okay. I • all rlghL 3 that someone if they sold off a golf course to a 3 So yea only have like three mull-family or four. r 4 church, there may be some way to do it. But the 4 THE soauNa And we're calling them s problem is all those things there's a certain fdnd S mula-family, but when they coma back to you In 14 k 6 of things that churches have to prove that there has a 6 years or whm n they come back to you In 20 years or 7 religious use and that there's a 7 whatever 8 MR. RISHEL: There's other sources for 6 sta. ENoptBRrEcttr 7hat'a fine. [just 9 501(e)3, though. 9 wanted to 10 MR. EUCEK: Yes. But I'm just saying 10 MR s0Amci,. - they may come back to I I trying to give you an exempla. 's'he 501(c)3 designation it you in the form or a nursi ng home. lbey may come back 12 is difficult to obtain. Churches tend to be the ones 12 to you u apartments. 13 that can gat them easier because there's not as much 13 MR. ENOELDRECHTi Right. I Just wanted N review allowed by rho Internal revonuo people. 14 to make aura before I that's what I thought. Okay. IS MR. tU5HELt RighL 1 Okay. I hove no others. Does anyone 14 MR. BUCEK: But those issues are all out 16 else have any questions or comments? 17 there, Or the university could buy the property, 17 Commissioners, before we do post- we is MR. ENGELBRECHT: Yea. Mr. Reichhart, I g may have sonseone hue who wants to speak tonight, ao I 19 you have 19 would like to go ahead and ask folks if there's anybody 20 MR RLICHHART: So short way to sort of 20 that would like to make a comment, 21 answer that, also, is that if you have a house that in 21 MA. SORIANO Can Ijust close with one 22 a typical neighborhood might sell for S200,000.00 and 22 thing? I guess you-guys arc going to reconvene on this 23 our community would bo, say, S250,000,00, that 23 next session. lr we're going to work with starr full 24 $50,000.00 Increment is a function of that house being 24 time, full blast between now and next session to try to 2S a part of the country club; being a part of the golf 25 come to something they can come to and really support Page 246 Pape 248 1 course; being a part of the community. So when you t wholeheartedly, because of the time constraints that 2 spread that let's say that extra whatever the 2 we've got cooking on our side, we would redly I 3 number Is 50,000 across 2,000 houses, your tax base 3 mean, you can't predict lie frture, but we would really 4 on your houses goes up so materially reflecting the 4 like to get this al the next Palms session. So, you S value of those types of things you're worried that the 5 know, we appreciate you-guys lookirg at it tonight and 6 110A might form. I'm not a Texas tax person, but I 6 we appreciate you looking At the mounds of stuff we've r 7 think you might I mean, your staff should or I 7 sent you, and we took forward to being here, 8 could do it for you, if you want look at that. 1 a MR. ENOELBRECHT: Well, I want to thank 9 don't think that', what's going to happen. 9 you for bringing all of your fotl-s here so that they 10 MR, tires Weil just ask the question, to could answer questions tonight, if we had thrum, and I I MR. REfCllWT: Yeah. I I your engirecring staff and all your other folks. We 13 MR. ENOELBRECHT: One question I have. 12 appreciate that 1 13 In the or d I don't recall, you know, I've read 13 Yes, Mr. Hill? M through all this. You have some residential that's a 14 MR. HILL: We will come back with 15 dark yellow. '[here's not very many of them. One In is def?nitive tecommendodt res. And I think it will 16 this south well, I'm not auto this is north. 16 we'll have a good relatiunship over ate text ooupls of 17 Anyway, there are a couple in the lower comers, and 1 17 weeks. 11 know I believe that's some sort of different Is MR. ENOE1,13mcnT: I do have 19 residential, and that one 1 would like an answer to 19 Commissioten, I want to ask one more item. ''hat has 20 tonight, 20 to do with the gated Issue, Tlds has been raise I to me / 4, , 21 WL RE11411ART: Which page are you on on 21 a couple of litres. (r; 22 that? It's not numbered, Is it? 22 You propose this as a gated community, 23 MR. LNOELBRECHT: Well, there Isn't a 23 Are there times of the day or of the week when these 24 numbs nn this. 24 gates 0190 quote, open? 23 MR. SORIANO: That's multifamily 25 MR. SORMO'. It Is pou.1hle. These are STOPKILS & ASSOCIATES DEMON, TEXAS (940)565-9797 Page 245 • Page 248 84. r t PLANNING & ZONING, 6-23-99,. Condensl:IW4 Page 249 Page 231 I private roads open by the homeowners. There will be I MR. ENGELDRECHT All right. It's been 2 gates on all the doors. There will be gates on all 2 moved. Is there a second? 3 those four access points that I showed you. Those s MA PowELLi Sxond 4 gates will be equipped with I don't went to pse a 4 Ma. MELBAECHT: I& Powell seconded. 5 brand name, but there Is a brand name of Optical Strobe 5 Moved and seconded to postpone ind continue to the next 6 System that your police and fire guys use that we will 6 regular mxting. Any discusslon? All in favor raise 7 put on our gates, so that's how they get in. 7 your right hand. Motion carries ( to 0. Thank you. a Sometimes we kave gales open during the s tashagardtr. 9 day and close them at night. Some of our communities 9 P. to the gates are closed 24 hours a day, and the residents to ` Ma. HILU Counsel action if you t I have a beeper or a sx p - card. But remember that we're 11 don't n. n I gave you a little bit of an what 12 going to be in a marketing situation for probably 23 12 happened In obson. Unless you specific u years or longer which means that we when we're in a 13 questions, I'll de at until the t meeting and 14 marketing situation, we are encouraging, inviting, you 14 I'll give you somethl so I an shove it 15 know, pleading to get the public putting ads In the IS off on Mark. to newspapers to get the public to come In, to visit, to 16 MR ENGELS HT re was are You 17 drive around our community, to eat in our restaurants, 11 through? 16 to play golf on our golf courses, play tennis on ow Is MA. H - Well, for future der 19 tennis courts. We're encouraging the public to come; 19 items, there one a couple of things led to 20 we're encourVjng them to visit, to slay, because we 20 talk to y t if you want to take the 21 want them to kind of feel and experience our lifestyle, a first one is to we what your 22 to feel and experience our product because maybe then 22 reac' is to the scheduling and the format that 23 they'll buy it. So there are times when the gates are U us for the comprehensive plan. The second thing I 24 open. Even when the gates are closed, at least one 24 t the Crr Committee for the new bond program had its 25 gate will have a person alt that Cato thot tan make a 2f ick•orf meeting on Monday. And there are several _ Page 230 Peg I Judgment cell, you know, and let people In and let I rent subcommittees, and one of the vubeomml 2 guests in and let people who just want to come in and 2 Is the Planning and Zoning Subcmnmit y? 3 look around in, but they are private roads. And then 3 And yo eve been paired with there are a 4 at night or whenever the residents want to close 4 members subcommittee, and each o ou has been 5 them and gate them, they car,. It's like one big 5 paired with a ber of the suboommi and they "I , 6 driveway. 6 contact you to a y you regarding r observations 7 MR. ENOELDRECHTt All right, 7 with napeet to pots 'al CIP prof that you think 6 MR. SORIANa. Thal,k you. I arc Important. 9 MR. ENOELDRECHT: I think that Concludes 9 They have also that once you do to it, to that, If they would like ve a breinstornting 1 I I MR. SoaiANo: Appreciate it. I I session with you for an ur and have asked me 13 MR, ENOELRRECHT: Thank you. 12 to 1 am the staff Ii ' to the ommittee, and 13 Is there anyone present who would like i3 they've asked me A the Planni and Zoning 14 to speak to this particular case? And since we are 14 Commission if 'd be willing to with them and is sure we are going to postpone, we'll just simply ask if is maybe have a lal called mating on Wednesday 16 there's anyone who would like to speak positive or t6 an off Wed sday on the ?th of futy at 3: and elk 17 negative? Is there anyone present who would tike to n with the bout the CIF that you will soma later is address this particular case? That being the case, is have to vlev,- and make a reeommendatltm to ity 19 Instead of closing the public hearing, I will simply 19 Coun . 20 MR. RISHEL! Motion to postpone. I make 20 It's a very important prujxL We tried t t 21 the motion. 21 to inimize moedtige, but these folks who arc going 22 MR. PNOEL13RECH f: To postpone and 22 to spearlead this effort would benefit from year 23 continue. 23 put. 24 MR. RISHEL: To postpone and continue to 24 MA. alsHtu And you also have a 23 the next meeting regular-och eduled meeting. 2 proposed rooting for the 27th. STOFFHLS & ASSOCIATES DENTON, T13XAS (940)565.9797 Page 249 - Page 252 es. ~ ' l III II III I Planning and Zoning Commission Minutes July 14, 1999 Page 3 of 5 b. nslder approval of the final plat of Lots 1-6, Block A and 1.14, Block a of the Le ' Oa ddltion, Phase II. The property Is zoned Single-Family 7 (SF-7). The sod use Is f venty (20) single-family residential lots, (FI7 Q9-040, Leslie Oak dditlon, Kathryn Ni n) Motion by Susan Apple d seconded by Carol Ann Ganzer to opprov Inutes, 'Discussion of item Is Incl d In Court Reporter's transcript attach to this set of minutes (Page 60). Motion carries 8-1, li a o°ooeed, PUBLIC HEARINO - REPLAT 9. Campus Housing Addition. This 19.3 crap arty is Imsted between Meadow Street and Inman Street, north of 1.35, The pro site Is in a Conditioned Multi-family dwelling-1 (MF•1(c)) zoning district. a. Consldar approval of a hardshiple ction varlan from the Code of Ordinances 34- 114(5)(b) concerning perl meter ving and 34.114 )(b) concerning sidewalks. (V-99- 007, David Salmon) Motion by Carol Ann Ganzer seconded by Susan Apple to a rove. 'Discussion of Rem Is Inctud in Court Reporer's transcript aftac to this set of minutes (Page 63). Motion carries 4- . ht. Selty Rishel and Elizabeth Qourdi R k. b. Hold a public Baring and consider approval of the preliminary plat of L s 1 and 2, Block 1 of the C pus Hovjing Addition, being a replat of lots 1 and 5 thru 1 f the Inman J Subdivls nand 11.91 acre! of unplattad land. The purpose of the piat Is the 1 develo ant of student housing. (PR-99-031, Campus Housing Addition, no Reed) Motion Carol Ann Ganzer and seconded by Rudy Moreno to approve. 'Disc slop of item is Included In Court Reporter's transcript attached to this set of minu e (Pa 69). ion carries 7-0. 1 --t-. PUBLIC H£ARINO -ZONING CHANGE 10, Hold a public hearing and consider making a recommendation to City Council regarding a proposed concept plan fora Planned Development (PD) zoning district encompassing 2,745.61 acres. The property is generally located at the southwestern extraterritorial jurisdiction boundaries of the City of Denton, Texas and northeastern extraterritorial jurisdiction of the Town of Northlake, Texas, between 1.35W and Florence Road, and between Crawford and Lively. The requested rezoning Is for a Planned Development zone district with approximately 1,926.1 acres of malr±ential, 37.1 acres of neighborhood services, 662 acres of outdoor recreation and 14,1 acres of community service with 95.7 acres of streets, ROW and parking. The developer is requesting n Planned Development (PD) zoning district classification for a master-planned resort retirement community, (Z• 99.044 Robson Rench, Larry Relchhart) { II 86. c Planning and Zoning Commission Minutes July 14, 1999 Page 4 of 6 Motion by Susan Apple and seconded by.Salty Rishel to postpone and continue, 'Discussion of Hem Is included in Court Reporter's transcript attached to this set M minutes (Page 71). Motion carries 7:0. 11. Id a public hearing and consider maki" a recommendation to the City Council con ruing the rezoning of a.6715 acre she located in the Oakmont II Addition of 8, Block from Single-Family 7 with Conditior,a (SF-71c]) zoning district to a nned Develop t (PD) zoning district. The purpose of the zoning change Is allow for a neighborho amenity center. (Z-99.045, Oakmont 11 Amenity Cent etatled Plan, Kathryn Nitsse Motion by Salty Rishel an econded by Elizabeth Gourd !a to re mend approval to City Council. 'Discussion of item Is Included Court Reporter's transcrip ttached to this set of minutes (Page 77), Motion carries 7.0. 12, Hold a public hearing and consider gking a commendation to City Council regarding the amendment of condition one (1) in ca No. 48.145, which defines the zoning district classification of the Oakmont II a iw,ilon aid imposes conditions on Its development. The property consists o 9 acres located on the north side of Robinson Road, approximately 400 f t w o e of State School Road. The purpose of the proposed amendment is to alter th amount o ndecaping within a bufferyard between the Oakmont II subdivision and d t-of-wey for t proposed FM 2499 highway. (2.99- 047, Oakmont II Ordinance Am ndment, Thomas ray) Motion by Bob Powell and seco by, y .:can Apple tore mend approval with conditions to City Council. 'Discusslon of Item Is include n Court Reporter's transcript alt ad to this set of minutes (Page 88). Motion carries 7-0. 13. Hold a public hears g and consider making a recommendation to a City Council concerning the re oning of 5.0 acres from a Agricultural (A) zoning istrlLl to a Light Industrial with C nditions (LI(c))) zoning district. The property is to d on the north side of Mingo Road between Loop 288 and Cooper Creek Road. The pro so' is to allow for light Induslria use. (Z-99-043, Mingo/Loop 288, Kathryn Nilesen) Motion by Suss Apple and seconded by Salty Rishel recommend approval to Council. 'Discussion of ' em Is Included in Court Reporter's transcript attached to this set minutes (Irage 108). rr f' 14, Hold public hearing and consldor making a recommendation to City Council co Ming ( ! the zoning of 1.237 acres from an Agricultural (A) zoning district to a Commerel (C) zo ng district. The property commonly known as 3840 N. Elm Street Is located on e so head corner of N/ Locust Road (Hwy??) and Riney Road. The proposal Is for c mmetelal development. (Z-99.042, 3640 N. Elm Street, Wayne Reed) a7. t, L• _ CondaoeclP" Page 69 Page 7 ) 1 1. MRDU • 0"'0901. I 2 M R15tIEL, opposed. 2 Motallasaid. 1 MR. OELSMHT•, opposed. 1 Item 1o is to hold a public bearing sad 4 Motion es four to throe. 4 consider making I r0mmmendaGOn to the City Cotntcll S That m to Item 9B, hold a p to S rWding a proposed concept plan for a )D Walling 6 hearing and consider proval of the pre • inary Plitt of 6 district encompassing 2,745.5 acres. The property Is 7 Lots I and 2, Block l o the Campus owing, being a 7 generally located at the southwestern extraterritorial It replat of Lots I and S thr 16 Inn= g Jurisdiction bot-4rla of the City of Denton and the 9 Subdivision and 11.9 acrea u latted land. The 9 *Mhosistern extraterritorial jurisdiction of the Town 10 purpose of the plat 11 for the lopment of student io of Nonhdake betwom WSW and SOPC Ca Road and bdwmt I 1 housing. At this time I'll public hearing, I I Crawford and Lively Roads. 12 W. Rood will provide u staff 12 The requested retorting Is for a Planned 11 MR. REEK evening. 11 mw1opment zone district with approximately 1,926.1 14 Eng6timcht and fel W C~mmissiatera. The plat before 14 &=a of real kn ial, 37 acrd of ne ,ehborhood servitor, I $ you tonlght Is the as the variance ch you just 15 666 acres of outdoor recreation, and 14 acres of t 6 consldersd, T ' is fa a multl-fandly merit 16 community services with 95.7 acm of streets, 17 It's located Madaw Strect Just north or I Sand IT right-of-way, and parking. The deve!eper Is requesting 16 east of the home Deport slit. It does tonf to our is a Planned Development district classification for a tit zei.vis' n Regulations minus the request fa 19 muter-planned resort retirement community. At this 20 Varian , so your consideration of the plat here 20 time 1'il open the public haring. Mr. Reichhort. 21 tool I% based upon City Coun:il's action, gout 21 MIt REICHHUT: Thank you As you'll 22 mo on is to approve this. So since It does meet our 21 recall, the June 23rd Planning and Zoning matting the 21 S Maim Regulations minus that variance, start 21 applicant made it presentation and staff trade a 24 rccontrne d approval. I'd be happy to maven any ' t presentation. At that time there were a number of 15 quaHors. 2S outstanding issues that still needed to be resolved and Page ;0 Page 72 1 AIR. ENGUIJUCHT: Any questions fu Mr, I thst application was continued to tonight's meeting. At 2 Okay. Thank you. And now you say there' 2 this time there arc still a number of issues to be POW resent petitioner or pclttlorter's 3 resolved, sithotgh we've whittled it down substantially 4 rcprescmatit resent? 4 duough the course of mootings and communications 5 MR. REE No. S between the applicant and different departments In the 6 MR. ENGEL ECHT: Okay. Is anyone 6 City. Staff Is recommending that we continue this, open 7 present who would I to speak in or of this 7 the public hearing u we have and continue No g petition? Anyone prcsro a s n favor of the g application to our next meeting. At the same time the 9 petition? In than ease, an sent to speak in 9 applicant has also roqueded that this be continued 10 opposition to the petition? present to speak In 10 again fa another two weeks to give staff and the I I opposition? Socing no iti rebuttal Is waived. I I applicant time to rnnalite the final details with No 12 Public hearing is c1 Mr, Rao y final cornmerots7 12 complex apptie&60114 I Can answer my questions if 11 MR REED: N . 11 this we any. 14 MR ENGEI. CHT: Cemmisd questions, l4 MR RISHEU Aft than any ekMt$ that 11 it motion? Me. Err, is they're looking at that we tan help give you guidance 16 Ms aER: Pd like to make a mot I 116? 17 move to appr ve the prcttminary plat of Lob and 2, Ii M0. ItE1CHFIART; 1 don't think so at this / I a Block 1 or Campus [Sousing Addition, Wn a replot is Pala one of the more critical tlemenb Is that they / A r t 9 0f Leta 1 nd S through 26 (sic) of th- Inman 19 hove asked for a few variances from our Subdivision 20 Subdivi on continacnt upon approval or the va i by 20 Regulations, which we typically don't grant of a concept 21 the Ci Council. 21 basically a1 the mnirg stage and staff is having a 22 MR. Momo 11l socond. 22 little trouble visualizing granting any varlmoes that 2) MR. ENGELBRECHi? R's been moved and 2) would last for a prejed that might be going for 30 24 to approve based on subject t0 the approval 24 ytears. 23 o the variance4Xity Council. Dikvulon? All In 25 5o his just a matter of bow we.WOrd, haw we PLANNING A ZONING JULY 14,1999 ea. Page 69 - Page 72 I Condtrosclt'v Page 73 P40 7S I will work with I mean, their concern Is that halfway 1 MR ENo3nsRFctrrr okay, But they would x 2 through the project t~cra will be a whole new 2 what about Lively Road? 3 sdmini"tion, things will change. And now the 3 MIL RtwHHART: That will be Included, As I 4 continuity that they've started to develop Is cut off 4 understand it right now they're act they wouldn't be s and then now all of a sudden the project looks totally S roquimd to Improve that until they got up to Lively, 6 dirrerent than what they've envisioned. We're trying to 6 which mot be 20 or 30 years rrom now. And at that 7 give them some type or assurances that wa wit I continue 7 point they may have plans to to further north, you know, s to work with them as we have. There Is no magic wend s abandon Lively, incorporate It. But they've indicated 9 that we can wave to say we know this is going to happen 9 that whatever is required at the dme they get up there, fo 30 years from now. Our concern is public safety. If to they will most City ,aandards rot Lively Road. I I design criteria clumgcs for floodways or drainage, we I I MR ENGELeREC'HT: Okay. Any other 12 w&-t to make sure that we haven't granted a variance 12 questions? 13 that woad basically grandfather them in, storm drainage 13 MR. RISHFU Is all of this I'm just 14 or something like that So how we word the 14 curious is sit or this south or our Hickory Crock is understanding, and I think everybody agrees with vhat is watershed area? 16 the direction w'e're head' ag. 16 M0. DONAL DSOM No, it's about one-third 17 MR iustirt- And va're probably equally 17 within Hickory Crock. It Is bWcally the northeaster I a conccrnod as a community on what we do with variances is third and then two-thirds In Denton crack. 19 and how they apply. 19 MR RISHEL, Okay. Thank you. 20 MR. REICHHART: Right. 20 R ENOELBRECRT; Mr. Moreno. 21 MR ENGCLBRECHT: t7Gter questions? I 21 MR. MORFNO Aid In regards to the change 22 understand that the plan is to dcvtle^ from the north 22 in administration as Mr. Powell pointed out last time, 23 and move south? 21 their administration or ownership could also change and 24 MR. REictiwT. They're going to start at 24 that's something ,o think about. 15 the south and move north, 23 MR ENGEL6RECHT: Any other questions? Page 74 r Page 76 1 MR. rNGEI$RPCHT: Okay. Start at Crawford i Would there be a motion to continue? Rood and will move north. Excuse roc, Okay. 2 MR REICHFURT: we would oak that you would 3 MR. RFICHHART: And very r(x1o we do have An ) open it, I have gotten a few phone calls from rolks 4 application now rot the oasts treatment plant that's 4 that said they may come tonight. S associated with this rrojoct and that's more in the 3 MR ENOELBRSCHT: All right. Thank YOU. Is 6 wcstan phase coming off of Florence Road That will be 6 there anyone present who would Iike to address this 7 the first utual item built out then, a waste treatment 7 particular easel Anyone present who would like to 6 plant, But that, egaln, won't slant until 6 address this particular else, positive of negative or 9 MR. ENOELBRECHT: But they're not pl: -.':tg 9 neutral? It would appear not. Do you want to continue to on building the road out there that would Inta*z with to it of close the public hearing and then reopen? I I Florence Road at that point. They're just wanting to I I MR DONALUSON: 1 drink we would continue 12 put a water treatment plant out there, 12 the public hearing, 11 MR REICttitur They'll have access off or 13 Mp, v;oPLBREtaff: okay. Would there be a 14 Flora,ce but it won't be the rood cut through, cornet. 14 motion? IS The first Initial rood rill be corning from Crawford. lS MR RISHEL: so moved. 16 MR, ENGPLBREVIT: All right. I notiood in 16 MR. ENOELBRECNT: Go ahead, Ms. Apple, 17 there that they were questioning developing some of the 17 Ms. APPLE: h was Just going to ea f that 1 r I g roads and it to:cros to me that it's very important that I6 appreciate staff S re0ommendation and I do think that 1 19 Crawford Road be developed, that they Improve that, 19 It's prudent given the complexity and the polendal 20 MR. RUCHHART: I think Crawford Road will 20 longevity of this pro*L So 1 would like to move to 21 be u tdef the: jurisdiction or the county and then is 2i continue Z•99.041 to the July 28th, IM Planning and 22 MR. ENGELDRECHT: okay. We won't our 22 Zoning matting to provide staff and the applicant 17 City limits arc going to go just to Crawford Read? 23 add; ' ,nal time to resolve the outstanding issues 24 MR. REICHPMTT Right. They will not 24 associated with this complex development. 23 include Lye righter wey, is MR R1sm: second PLANNING & ZONING JULY 14, 1999 84' Pogo 73 • Page 76 II. , f I : i Condtiasolt"" Page 77 Page 79 4 ' I MA. WOELBRECHT: It's been moved and I bdivision are swore that there will be an amenity 2 swondod to continue to July 70. Uscuavlon? Ali In 2 center 7lve efore, Draft recommends approval. 3 fiver raise yoau right hand. Motion carries 3 M oELBWHT: Comrnlsslm*^ are i 4 unanimously, 4 any questions, Yes, ML (lancer. 3 m 11 IN evrting then is to hold a 3 Ms. : You said that normall don't 6 public hear and consider makings two on to 6 allow this Man F•7. n it the PD wit n the SF•7 7 City Council erning the roroning of ,67- . site 7 that we don't normall [low or the Ity antes'? S located In the mo,o n addition lean le•fiamily 7 S Ms. NItSSEN: T1e try ter, 9 with Condit ions -I PIe.. d R. I t Zoning 9 NIS CANTER: Why le In an SF-7 neighborhood to subdivision rot be entitled to amenity center? 10 District. Tie p 1 to allow m I 1 amity center. And I lieve s. Nilsson is going to I 1 Ms. NtLSSEN: 1.0 I aldson address 12 --at this time 1'H am lie hearing, 1 believe 12 that. 13 Ms. Nilsson is going to v us with the staff 33 MA DONA : only dose I put together 14 report, 14 the Code when It w leaf amended cou answer that. 1 I S M9. h'Iiss : Thank you, Chair, I3 think that l think that's sortethi we 16 Commissi AS mentioned, thi a .671 S-acre site, 16 MS. a L. 17 A's located ' a Single-Family ? C imod. taxiing 17 treed to look to. 1 S district they are requesting to c t to a I I M ALDSON: oh, very definitely, e 19 Plan Dcvclopmcnt to allow fora neigh hood amenity 19 have a . I history of creating the PDS within ! 20 oco . Tey will it's located well, let show 20 subdivl ons to accommodate I I y the site plan, The amenity center Is lost - 21 MS. aA.\7FR: But If lhey'R for this, 22 Isis Robinson Road and the amenity center is atod 22 then - 23 right here so It's about two blocks off the main a 33 MA DONALDSON: In the new Code I can It will Include a pool, a basketball multi-purpose 24 p ticaliy gu antee that it will be a use by right, 25 court, a cov;tcd pavilion, a playground and grassy is Ms.OANTER: Ijust thought I'd bring that Page 78 Page I s omd it will serve the ocigbborhood exclusively. I up. 2 We don't allow this type of use currently in 3 ENOELBRECBT: Any orbs questions? 3 an SF-7 ing district. The cfon, the applicant 3 Oourdie• 4 had to Mq , t to rezone this portion to a PD. A 4 Ms. it,: rat just kind of how S conform to o '88 Plan and our 1998 Dent Plan J long has it been that there would be ammlry 6 Policies and owth Management St eg'es. It will 6 center there? Do how Ion ve ban i 7 promote bicycle a pedestrian trafft we pn d ct 7 advertising that? E trips generated will minimal ' 1[y, we w mild B Ms. NUSEN: Wei 't's planned since \ 9 require 2$ parking Bp its dentify this as a 9 1996, so, I mean, th¢ appli may be able to address to privale community crnt to the fact that we would to that better than toe. I1 like to promote pederlri bicycle traffic roar I I Ms. (MRDIE: use 1 that 12 vehicle traffic, we find I ones would be 12 interesting that it t taken cab at the time, 13 adequate. And, also, reduce number of spaces is 13 M9, Nn SS And, again, k address 14 consistent with amenity on that we've passed, l4 this better than . I think from wl it it 13 that y'all have p^ s xl berate; for ea ple, Wind River 13 was Just an o (ght. When they Inv hill am In with to Estate s amcni center. 16 this $F•1 &y It aware that an amenity ter 17 Noti of the roquest was publi In the 17 wasn't a y right 18 Anton Rec rd Chronlcle on July 4th F legal notloes 1S M E'NOneacHT: other questions? A, r: 19 were nail and 12 courtesy notices were teal, 'ere 19 BLKM. & Inc of you may remember ( J 20 has been • response in favor. No other a S" were 20 Wind er came up, there was all these discusat 21 receive . No neighborhood morning was held the 21 Rbout ammiry ante and it was a big selling poi 22 a of this property onus the property to the 23 but thought about the zo al% So i think the 23 The ropaiy to the east and south ate in the FT) 23 1 when they approved It usn ned there would be l the ice Is actually being marketed righl now u a.t 24 ty center, They Jut didn't realize we had it 2J ity center,-So the potential owners u they go No 23 lal violation. .Y PLANNING & ZONINO JULY 14,1999 90. Page 77 • Page 80 t ATTACHMENT 3 a ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ANNEXING 794 ACRES OF LAND CONTIGUOUS AND ADJACENT TO THE CITY OF DENTON, TEXAS, GENERALLY LOCATED AT THE SOUTHWESTERN EXTRATERRITORIAL JURISDICTION BOUNDARIES OF THE CITY OF DENTON, TEXAS AND NORTHEASTERN EXTRATERRITORIAL JURISDICTION OF THE TOWN OF NORTHLAKE, TEXAS, BETWEEN 1.35W AND FLORENCE ROAD, AND BETWEEN CRAWFORD AND LIVELY ROAD IN THE COUNTY OF DENTON, TEXAS; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE, (A•87) WHEREAS, Robson Denton Development, L.P., has petitioned for annexation of 2,745.51 acres of land to the City of Denton, Texas; and WHEREAS, the city of Denton on April 20,1999, heard the petition and agreed to grant the petition for annexation of 1,745.51 acres of land; and WHEREAS, public hearings were held in the Council Chambers on May 25, 1999, and June 1, 1999, (both days being on or after : to 40'" day bid before the 20'^ day before the date of the institution of the proceedings) to allow all interested persons to state their views and present evidence bearing upon this annexation; and AIIEREAS, on June 22; the City Council reduced the land to be annexed to 794 acres of the proposed petition; 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 22; and I WHEREAS, this ordinance has been published in full one time in the official newspaper of the City of Denton on June 26, 1999, after annexation proceedings were instituted and 30 days prior to City Council taking final action, as required by City Charter, and ` WHEREAS, the City Council finds that the annexation will be in compliance with the 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; SECT[ NJ: That the tract of land described in Exhibit "A", attached hereto and incorporated by reference, is annexed :o the City of Denton, Texas. Page t or 2 92. n u t, SECT[Q&U: That the tervice plan attached as Exhibit "B", and 'ncorporated by reference, which provides for the extension of municipal services to the annexed property, Is apprcved as part of this ordinance. SECTION It :Should any part of this ordinance be held illegal for any reason, the holding shall not affect the remaWng portion of this ordnance 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 annexed to the City. If any pan 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 Demon's jurisdiction to annex, the same is hereby excluded from the territory annexed as fully as If the excluded are, were not expressly described in this ordinance. SECTION IV: That this ordinance shall become effective fourteen (14) days from the date of its final passage. PASSED AND APPROVED this the day of 11999, JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY i- BY: [.Ct1t lc' t.. r 4 Page 2 of 2 93. ~s ExbibltA -Metes ad Bounds All that certain lot, tract or parcel of land lying and being situated in the County of Denton, State of Texas, in the M. Scurlock Survey, Abstract Number 1141, the F. Garcia Survey, Abstract Number $02, the B.B.B. 8t: C.R.R. Survey, Abstract Number 197, the 1. 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 said M. Scurlock Survey and the southwest comer of the B. Piano 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. Piano Survey, a distance of 30.00 feet to a point for Tamer, THENCE North 89 degrees 51 minutes 20 seconds West along the North line of Crawford Road and being 30 feet north of and parallel to the south line of said M. Scurlock Survey, a distance of 3840.02 feet to the POINT OF BEGINNING of the herd-m described tract; THENCE North 89 degrees 51 minutes 20 secondo West along the North line of Crawford Road and being 30 feet north of and parallel to the south line of said M. Scurlock Survey, & distance of 6287.93 feet to a point for comer, THENCE North 00 degrees 10 minutes 47 seconds But, 30 feet eat of and parallel to the center of Crawford Road and the west line of aid M. Scurlock Survey and the east line of the 1. Anderson Survey, Abstract No. 22, a distance of 3696.63 feet to a point for comer; THENCE South 89 degrees 24 minutes 45 seconds West, 30 feet north of and p"lel to the middle of Crawford road and a south line of the W. L. Dunning Survey, Abstract No. 1568 and the north line of said 1. Anderson Survey, a distance of 2333.33 feet to a point for comer, THENCE North 00 degrees 00 minutes 41 seconds East, 30 feet east of and parallel to the middle of Florence Road, a distance of 611.11 feet to a point for comer, THENCE South 89 degrees 24 minute: 45 seconds West, a distance of 16.96 feet to a point for comer; THENCE North 00 degrees 31 minutes $9 seconds West, 30 feet east of And parallel to the middle of Florence Road, a distance of 3764.93 feet to a point for comer, THENCE North 89 degrees 51 minutes 41 seconds East, a distance of 2541.91 feet to a point for comer at the F.-ginning of a rurve to the - 1ght; THENCE with acid curve to the right hawing a central angle of 02 degrees 10 minute 14 words, a ti A, r. radius of 26411.00 feet to a point for comer, t' 94. c, i . I THENCE South, a distance of 1141.19 feet to a point for caner at the beginning oft curve to the right. THENCE with said curve to the right having a central angle of 84 degrees 20 W mta 48 seconds, a radius of 2640.00 feet to ■ point for comer, i THENCE South 00 degrees 00 minutes 47 seconds West a distance of 1064.92 feet to it point for comer, THENCE Eut a distance of 1037.44 feet to a point for caner at the begiankg oft curve to the right; THENCE with said curve to the light having a central angle of 89 degrees 29 minutes 36 seconds, a radius of 2640.00 feet, to the POINT OT BEGINNING and coaWning approximately 794 am of land. r i e,~ t. •r c 95. s , 1 4i 1 ExHIB1T B ? SERVICE PLAN CASE NUMBER: A•87 AREA: 794 Acres LOCATION: In the far southwestem section of the City of Denton ET1, in the vicinity of Crawford Road, Interstate Itighway 1-35W. 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 Robson Ranch Development using existing resources, resulting in response times consistent with other undeveloped perimeter areas of the city. In the longer term, the Police Department eslimates that service can 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 tract remains for the most par, undeveloped. A new Fire Station k7 will be needed in the future to provide service to the annexed tracts, to be located In the vicinity of the 1-35W / F.M. 2449 intersection, 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 thJ Bills of Argyle subdivision on U.S. 377. The line will be extended further south to Willow Lakes development in a subsequent phase. Construction of these improvements will begin within 2 years and will be completed within 4Y, yeal r,. Development within the Willow Lakes development is expected to run the line west to I.33W. The Robson Ranch development will extend water lines from 1.35W to deliver water for devel~pment, 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-site treatment plants that are owned, operated, and maintained by the City of Denton. D. Stormwaler Drainage Services Drainage improvements will be made by property owner at the time of development. Maintenance will be the responsibility of the City of Denton, supported as a function of water and wastewater fund transfer paid by rate payers, A # r !r' j 96. 1 U j V E. Solid Waste Collection and Disposal Solid waste service are available to the annexed tracts. Existing contracts between :.atomers and private waste haulers will not be disturbed. Equipment and personnel needed to serve new development will be added in proportion to growth In the customer base. F. Electric Utilities Electric service will be made available upon request to all of the prop,-.Ay viithin the areas being annexed. O. 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 lonigcr term. The community park and additional personnel will be funded as appropriate through city funds. H. Streets and Roads Crawford and Florence Roads, located on the perimeter of the proposed development, will not be annexed, and will remain the responsibility of Denton County. The majority of roads proposed within the development are proposed to be private and maintained by the developer or the Home Owners Association. Any required improvements to public roads will be the responsibility of the developer, and ultimately maintained by the City of Denton. L Building Inspections I Code Enforcement Services Services are available now for the areas to be annexed. Additional personnel will be dedicatai to the areas to be annexed as dictated by growth, I 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 on June 22,1999. 4 I 97. h I I l i 1 . 1 t, I ORDINANCE NO. - ATTACHMENT 4 i i. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2,725 ACRES OF LAND GENERALLY LOCATED BETWEEN I.35W AND FLORENCE ROAD, AND BETWEEN CRAWFORD AND I IVELY; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z-99.044) WHEREAS, Robson Ranch Denton has applied for a change in zoning for 2,725 acres of land from Agricultural (A) zoning district classification and use designation to Planned Development (PD) zoning district classification and use designation; and WHEREAS, on July 28,1999, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORF. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zoning district classification and use designation of the 2,725 acre property described in the legal description attached hereto and incorporated herein as Exhibit A is changed from Agricultural (A) zoning district classification and use designation to Planned Development (PD) zoning district classification and use designation under the comprehensive zoning + ordinance of the City of Denton, Texas. SECTION IT. That Exhibit B, attached hereto and incorporated herein by reference, is approved as the Concept Plan for this District, subject to the following conditions: That approval of the concept plan is not approval of the reference to ''variance(s)" as such terms are used in Exhibit B if tae use -f such term is in conflict with the variance or modification process ised in Section 34-6 of the Denton City Code relating to subdivision rules and regulations until the appropriate Section 34.6 variance or modification is specifically approved during the Detail Plan stage of the Planned Development process or during the Platting process, whichever is applicable, City Staff review of the Concept Plan finds that the variance requests as those terms are used by applicant have mcit and when more speci frc information in support of such variances is available, City Staff recommendations of approval of Section 34.61ypc-variances or modifications to the City Council Is likely when such ' variances are considered on a case-by-case basis. SECTION 111. That the City's official zoning map is amended to show the change in zoning PAGE 98. c. t I $$~ION Ty. That any person violating any provision of this ordinance shall, upon conviction, be tined & sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. af,M(M. That thls ordinance shall become effective fourteen (14) days 5tom the date of its passage, and the City Secretary is hereby directed to cause the caf don of this ordinance to be published twice In the Denton Record-Chronicle, a daily newspaper publiahe.i In the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the - day of .1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I BY: _ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY r BYA ~i 99. a ~I i EXHIBIT A PROJECT LOCATION & DESCRIPTION aslav 9rala Cau..3n Legal Description North 00 degrees 37 minutes 19 seconds West, & distance of 24.50 BEI NO it 2725 acre tract of land feet; situated in the M. Scurlock Sur- vey, Abstract No. 1141, the THENCE North 00 degrees 37 F. Garcia Survey, Abstract No. minutes 19 seconds West, 45.00 502, the J.H. Paine Survey, Ab- right-of-way line of Crawford stract No. 1617, tie j. McGowan Road, THE POINT OF BE- Survey, Abstract Iro. 798, the GINNING; BBBdtC R.R. Survey, Abstract No. 197, the UP P.R. Survey, THENCE North 89 degrees 31 Abstract No. 1301 rnd the W.L. minutes20seconds West wl'hthe Dunning Survey. Abstract No. northerly line of Crawford Road 1568, Denton Co+inty, Texas, said (a proposed 90 foot right-of-way), tract of land beir,g that sane tract a distance of 10,093.70 feet; of land as described by Warranty Deed to Cal Farley's Boys Ranch TH ENC E North 00 degrees 17 and Highland Park Presbyterian minutes 05 seconds West, 3673.70 Church as recorded in Volume feet with the east line ofCrawf3rd 2771, Page 967 at the Deed Rr id (a proposed 90 foot Records, Denton County, Texu, right-of-way); said tract of land being more par- titularly described by metes and THENCE South 89 degrees 25 bounds u follows: minutes 27 seconds West, a dis- tance of 2333.58 feet along the COMMENCING at a 1/2 Inch north line of said Crawford Road Iron rod found for the apparent (a proposed 90 fact wide southeast corner of said tlght-of•way) to the proposed M. Scurlock Survey and for the easterly rightofway line of Flo- most southerly southwest corner rence Road; of a tract of land deeded to Hillwood McCutchin Ltd. as re- THENCE North 00 degrees 33 corded In Volume 2470, Ya je 678 minutes 33 seconds West, 4381.36 of said Deed Records, Denton feet along the easterly line of said County, Texas, sold 1/2 Inch iron Florence Road (a proposed 90 rod being the southwestcornerof foot wide right-of-way); the E. Pizano Survey, Abstract No. 904, Denton County, Texas, THENCE Noah 89 degrees 31 said 1/2 Inch Iron rod also being minutes 47 seconds East (deed In the approximate center of West) with the north line of a Crawford Road (an undedicated 218.07 acre tract of land aid the right-of-wav), from which a bols south line of a called 218.07 acre d' arc fence corner post in con- tract of land deeded to Lotta creteIn the north rightof-way line Evers Callahan and F.W. of said Crawford Road bears Callahan u recorded In Volume 10p. i r c . 1 I 1 PROJECT LO CATION k DESCRIPTION s 10 •~Q MW THENCE North 89 degrees 48 947, Page 751 and Volume 414, minutes 51 seconds East, 1215.50 Page 637 of sold Deed Records, feet; Denton County, Texas, a distance of 5335.99 feet; THENCE South 00 degrees 29 minutes 08 seconds East (deed THENCE North 00 degrees 20 North) with the west line of said minutes 02 seconds West (deed HilIwood/McCutchin, Ltd. tract South 00 degrees 30 minutes East) of land as per Hillwood/ with the west line of a 993.8 acre McCutchin, Ltd, deed, a distance tract of land and the east line of of 3074.89 feet; said 218.0' acre tract of land deeded to Lotta Evers Callahan THENCE South 00 degrees 37 and F.W. Callahan a distance of minutes 19 seconds East (deed 1708.41 feet; North) with the west line of said Hiliwood/McCutchin, Ltd. tract THENCE North 00 degrees 21 of land as per Hillwood/ minutes IS seconds West (deed McCutchln deed, a distance of South W degrees 30 minutes EMt) 3300.00 feet to the POINT OF with the east line of East Ponder BEGINNING and containing Estates, a distance of 3434.29 feet 2723 acres of land, more or less. to a point in H. Lively Road; THENCE North 89 degrees 41 minutes 37 seconds East (deed East) with the north line of said 993.8 acre tract of land, the north line of said). McGowan Survey, and the north line of said J.H. Paine Survey, and along H. Lively Road ad btance of 3650: 3 j feet; I THENCE North 89 degrees 54 minutes 37 seconds East, 2057.91 feet along said H. Lively Road; THENCE South 00 degrees 07 minutes 10 seconds East, 3036.98 feet; THENCE Scuth 00 degrees 07 i minutes 42 seconds Well, 3803.58 feel; 1 ` III 1 I J~I i . I I I 1 {II ATTACHMENT 5 The following people spoke in favor of Z-99-044 (Robson Ranch PD Zoning)at the July 28, 1999 P&Z public hearing: • James Stuckey, 5236 N. Lively Rd., Ponder, TX • Richard Webster, Sox 151, Ponder, TX i • Dave Ross, 1124 McCormick, Denton, TX • Cheyrl Velten, PO Box 749 Cirvle V Ranch, Justin, TX • Ronald H. Linam, 1411 Stuart Rd., Denton, TX a Ken Burdick, 2112 Pembrooke Place, Denton, TX I . A t I tip 7 f 102. t I I f i M , I oT/10/00 04:11 FAX 0400010730 LONGHORN GAU9RY SOS OM eIMrOM~J HIJrOalt 94VAJl , July 28,1999 Mr. Jim Fugelbrecht Denton Planning add Zoning Commission Dear Mr. Bngolbrectit: As owners of Longhorn Gallery, Betts and I would like to expreas our strong support of the proposed Robeson Development. ,As you know, we have made a substantial economic and emotional oommitmeat to Denton by building'an expensive new building and opening e gallery business-on the historic square, We also volunteer a great deal of time with various Denton charities and activities. We both feel that the nWdents that would odme to Deoton N a result of the Robeson Development have exactly the social and economic profile that is tre 4d to support Demoh merchants, restaurants, thoatre, errs and charities. I'm sure you are award that three businesses have recently closed on the square as a result of lack of economic' support. As a downtown merchant, we can tell you thaf many merchants find business difficult to sustain- We need the customers and eeonoinic boost the this,developmett offers. We LW view this population "very supportive of University cultural activities and as a ncNi source of fundalsing for Denton Organizations. At it happens, we lived in s development similar to this during our time In the Chicago metropolitan arcs. The development helped provide the economic engine for the suburb where It was located -As a result, other upscale developmgeu flourished. ' recreational facilities were built, new reshursnts and shopping eime to the ues and the entire community w!.i the better for it., ' We encourage and aslt for your positive vote on the proposal. Bob AP IL4-U4~ And Bette Shernm cc. Mayor Miller turd individual Members of the City Council 101 NORTH ELM 4 DENTON. TEXAS 762014 940.494,01e r 040,S01.07J0fix f htlp:Nvrww.lonyhefADille( y.rOM 103. 1 J i L h 07128/1999 1E.25 940-397-9390 WJ INTEF21,tATICNAL PAGE 01/01 115 West BIchory, Towr Sgasre Pat Offtce Dos 50749 Phone: (940) 263-2218 (temp) Renton, Tuna 76206 Tektas= (94087-9390 7ELEFAX TRANSMITTAL Pager 1 of 1 20 July, 1999 (Please confact the sender rT of pages are not rocAvd.) To: Mr, An Engalbtecht Fm: Robert Moses President. Planning ale Zoning Denton, Texas 8b: Robson Communities Proposed Development Fx. 940-249-8898 Rear Mr. Engetbrecht, 1 underst" tlmt the Robson Conn n ualties Proposed Development Is being considered at the Planning d( Zoning meeting this evening and will then be considered by the City Council next week. Unfortunately, neither my wife or I will be able to attend tills evetdog's P&Z ImmUng, but we want to expreas our support for this developm d. Joanne and I are the owners of Ekments of Design, a specialty gift A Sallery shop located on the Courthouse Square. We feel fortunate to be the owners of the buliding that we share tath Beth Mark's OM Fashion Ice Crease & Soda Fountahl. It Is ow opWon that, without a doubt, such a quality retirement community can only be an asset to Denton and the m mitnding area Being familiar with similar communities in Northwest Arkansas and in Tuln Oklahoma. we have seen for ourselves how tiny beoefit the private sector.. as well as tLa local bu*wsa s. Broada & better bcalth care facilities, cultural activities support, increased sptstdabk loco,% demographics, broadening of new foulness oppottwsitpes, locressed local sake and Oaks taxes, active civic Imlvemem, increased volunteer services pool and many other facets benefit *om these communities. The gaffed retirement cmurnualles we have experienced, shnilar the one(s) bed proposed try kobson, also present a very "high quaWl Irnsge, wMk providing security for the red "s. They typically have POA,s that help rnaiutain the look and upkeep of the community. ctea tg an area that everyone can be proud of. We plan to attend the City Counc.11 meeting next week, but would appftlaw out vahe,l senthnents also be provided to the City Cx uncil members.-and will be pleased to disoun our thoughts and with any hAvidual council member trio is interested. r r Sincerely, Robert E. Moses I 104. 0 r004 owt 4441NOn'1 W. Fox 1N? 145 4417 oil.,!! . 1I4wi31 My'i JJI (ponder Irtdependeitt Schoo(Di$tHet Pat OMloe Box / 601 ShaMna 6treat / Ponder, Toga »!i0 ttu4.w ants I-Ts RESOLU'110N No. . ~ppotn~me<,A , Ii 4N1tH A resolution of the hoard of Trustees of the Ponder Independent Schonl 414131A NQWARD District, (0provlnt and maherf:in the submia:fon of a statement voldn; 0471,iill our support of the proposed dove epmem, by Robson C'otnlnunttr'es; e/ a mailer planned resort ltvlnr area for active adults, VAIERF.AS, 7ho Fonda:lndepe-ufeol School Milder desbes to be parr oft, viabk urUa tomh Nty, lmludioa a suliebte Hying my1mumni for retired, s"1 -so adults, and Wli$ SAS, rhe dovabpmeat of the pleruned leted cotsmuahy bt the Ci:y of Menton wtU provide eeonemie ads lot es pot only to the City of Mean, but Wo Deotoc County. the Town,4 Ponder, The Town of Argyle lad the Towa of NosthLke, and to the lndepnndent School DittrIcts located therein without adversely 4ry+etlog the aforenantiomd Cities, Towns and School Districts, nod, WIfEREAS, the Ponder Independent School Dietricl pmj+ets the awards of such e devebpma't for the members of the conmunlty-at. loge. The Poader ktdepsod"t School District ttnderttmds the benel is of more moneys genmeted for prosml and f Lure town Huslness -mmures job creation. end the additieaet tax Mr: that w,71 beeahw evarible. Our;mdrm win beneilt fiom the saveaus and raauuoes provided by tlda veatute • prorating a polaive end suemislul future. 'WHEREAS, k is In the best interest of the cities, Towne, and the Ponder ladepeedeat School Dietrkt. tLel we crougiy support the effort of Robwa Cotrammitka in the City of Demon. THEREFORE BE IT MOM;% that the Fodder IedePettdant Sohool Dbtrkl lerivsdy supports seekidg rbs apptovsl of the Cby of D+atoa to permit RObsoa Comrrataltlq to develop the pro; and faclIty, rASSM AND APPROVED by the Ioerd of Trotte#* Ponder Independent Sch"i bistrict on the 94 dsy of March 199P. APPROVED: ATTbST; 044 G lA ICSPOSTICK WtLUAMMO61,1M s / President. Soperimeddeot, board of Trustees toodet ISD Poach ISD 105. i I I RICHARD S. TUCKER 406 Country Club Road, Post Office Box 262 Argyle, Testis 76226 940/464.37S2 (home) - 8171334-7212(OMce) f1 1 1 tll~}i i1 r J! ,111 2 : i94 J July 22, 1999 pLANIViG & L"c' LLU1,, LNT Chairman aril Members, Planning and Zoning Commission City of Denton 215 East McKinney Denton, Texas 76201 Re: Robson Communities Iadies/Ocntlerr^n, This letter is being written to you to Indicate my support of the Robson Communities development proposed to be located on a tract of land west and north of IH-35 W and Crawford Road, near Argyle, Texas. I understand that the Planning and Zoning Commission will be considering this development at its July 28, 1999 meeting. This letter Is being written to you inasmuch as I will be out of towm on that date. While I am a tr•mbcr of the City Council of the City of Argyle and President of the Argyle Chamber of f nerce, I am writing to you as a citizen of Argyle and not in any representative capacity eitlrer the City or the Chamber. I am in favor of this development for the following reasons, among others: A substantial portion of this development lies within the Argyle Independent School District. Because of substantial development in the Argyle area which lies within the boundaries of the School District, the School District is experiencing unprecedented growth, taxing it to its limits, The School Disttiet is nearing completion on its fist high school and will soon commence conshw don of Phase 11 to the high school property which will involve construction of a middle school addition. The School District's operations and maintenance We Is eumndy set nt $1.50 per $100,00 valuation, which is the maximum allowable by state law. The School District does not have any additional bonding capacity. The Robson Communities development Is a win/oin situation for the School District in that it will substantially Increase the School District's tax base without a similar i f 106. i 1 1 Chairman and Members, Planning and Zoning Commission City of Denton July 22, 1999 Page 2 increase In expenses inasmuch as the Robson Communities development will not add any students whatsoever to the School District. Adding additional property to the tax base by converting this property from agricultural to residential will relieve some of the financial strain upon the School District, provide needed additional tax revenues and provide needed additional bonding capacity. A substantial portion of the Huffines development and the proposed Vintage development are situated in Denton. Denton children residing In those developments will attend Argyle School District schools. 'T'herefore, the financial viability of the Argyle School District should be of utmost importance to you. If the property under consideration is not developed by Robson Communities, it undoubtedly will be developed, most likely by a developer as a residential subdivision. Such a development will cause a substantial increase in traffic and congestion, upkeep of area roadways and, most importantly, put additional strain on the School District by adding additional students, thereby exacerbating an already serious problem. Traffic generated by residents of this Robson Communities development will be substantially less than what would otherwise be generated by residents of a traditional large subdivision or master planned community where the adults utilize the roads for commuting to and from work, shopping and carpooling students to area schools. The Robson Communities development will have a significant economic and fiscal impact on Denton County. According to a study prepared by Bernard L. Weinstein, Ph.D., and Terry L. Clower, Ph.D., of the Center for Economic Development and Research at the University of North Texas in December 1998, this development will have an economic and fiscal impact "considerably greater than those of either the Texas Motor Speedway or the Intel Microchip Factory planned for Denton County." This development, as a result of the economic multiplier effect, will result in substantial construction outlays, increases In employment, increases in area earnings and generate an estimated $960 million annually into the regional economy when this development is iarilt out. Also, state and local sales and property taxes derived from the economic activity generated by this development, according to the aforementioned study, will total $53,3 million annually upon completion. This development is consistent with the type of development envisioned by the City of Denton In its draft of the Donlon Comprehensive Plan 1999.2020 prepared by the City's Planning and Development Department. The Robson Communities 1 r t development will have substantial recreational and open and green spaces ~I 107. I t t c, g 4. Chairman and Members, Planning and Zoning Commission City of Denton July 22,1999 Page 3 (typically around 30°/. of the entire development) and will be consistent with the "quality economic development" sought by the Argyle Chamber of Commerce. Ile Denton Plan states, among other things, that quality of development was "the top-rated priority of citizens responding to the public participation processes." Even a cursory review of the Robson Communities sales literature will convince even the most die-hard opponent of development that this project will be one of the highest quality. This project, while resulting in it substantial economic and fiscal impact on the area, will have a minimal Impact on traffic, In large part because its residents primarily walk or utilize bicycles or golf carts for their transportation. The low generation of haf le will also minimize any negative impact on the quality of the environment In the area. This development will provide substantial recreational facilities for its residents to be paid for by the developer and not the City while, at the same, preserving open spaces and the quality of the environment, both goals set forth in the Denton Plan. I have gone on record several times through my attendance at Denton City Council meetings of my opposition to intensive development of property that borders the city limits of Argyle. Dense development, such as that planned by the Huffines Interests and the Vintage developer, Is not consistent with the rural atmosphere and quality of life enjoyed by Argyle residents. This development, on the other hand, while being denser than some would like, for the foregoing reasons has far more P-dvantages than disadvantages. 1 enthusiastically support trls development and hope that you will recommend approval of the Robson Communities planned development by the Denton City Council. If you have any questions with regard to any of the foregoing, please feel &a to contact me at the above address and telephone number. Sincerely, Richard S. Tucker RST,ss { p 108. t i I I I AGENDA INFORMATION SHEET A,erdaNa qq "03° Agenda Ilem Date AGENDA DATE: August 3, 1999 DEPARTMENT: Planning Department ACM: David Hill, 349.8314 SUBJECT-Z-99-009: (Jefferson Commons) Consider adoption of an ordinance amendment correcting the conditions established by Ordinance 99.140, which established a conditioned Multi-family 1 (MF-i [c]) zoning district classification and use designation for 18.003 acres; providing for a savings clause; providiu3 for a penalty in the maximum amount of $2,000.00 for violations thereof; and providing for an effective date. The subject property is legally described as Lot 1, Block 1 of the Jefferson Commons Addition and is located on the south side of Colorado Boulevard, approx?mately five hundred and filly (550) feet west of Southem Hills Boulevard, and on the north side of 1.35 East, immediately east of Pace's Crossing Apartments complex. (Z-99-009) BACKGROUND The item before the City Council is not a zoning request. It ra an action to correct two (2) conditions as written in Ordinance 99.140, which approved a conditioned Multi-family I (MF-1 [c]) zoning district classification and land use designation for the subject property. Addom Genlner, on behalf of JPI, brought the error to staffs attention after he received a copy , of the approved ordinance, He pointed out that the language of the fence and buffer conditions did not correctly reflect City Council's motion, 'these two conditions were Included in the ordinance to remove First Denton's (Pace's Crossing Apartments) opposition, which represented greater than twenty percent (20%) of the land area within two hundred feet of the subject property. If this opposition had not been removed, a sup" -aajority vote for approval would have been required for the requested Multi-family I (MF•l) zoning classification and land use designation. A letter was presented to Council during the p-iblic hearing on ApdI 20, 1999 that demonstrated that first Dento.i, Ltd. was in support of the zoning change if certain conditions were attached (see Attachment 1). That letter states that JPI agrees "to put up a high-quality 8 foot wooden privacy fence on our [JPI's] side of the property line;" abutting Pace's Crossing, "and to plant additional trees (one every 20 feet, approximately 70 in all) along the property line to supplement retained existing trees and to provide visual screening via a consistent tree line." City Council approved (4.3) the request for a Multi-family I (MF•I[c]) zoning district classification and land r use designation with rive (S) conditions, including the above mentioned ones. A, , r i I After review of the draft minutes of the meeting (see Attachment S) and the letter presented to City Council from Mr. Jonathan Vinson, on behalf of JPI, during the public hear+.ng (see Attachment 2), it appears that the conditions attached to the Multi-family I (MF•1) zoning district are as follows, 1. Lighting. Lighting on the property shall be designed and maintained so as to not shine on, or otherwise disturb, adjoining property or to shine and project upward to prevent the diffusion Into the night sky. 2. Density, Density on the property shall not exceed a total of 288 multi-family dwelling units. 3. Parking. Off-street packing shall be provided at a rate of one parking space per bedroom for all multifamily dwelling units. 4. Fence. A higt. quality wooden privacy fence with a minimum height of eight feet shall be required along the properly line adjoining the Pace's Crossing Apartments, S. Buffer. Additional trees (one every 20 feet, approximately 70 in all) shall be planted slung the property line adjoining the Pace's Crossing Apartments to supplement retained existing trees and to provide visual screening via a consistent tree line. The trees will be a fast-growing, climatically-suited variety. The fence and buffer yard conditions as written In Ordinance 99.140 are more restrictive than that which was approved by City Council (see Attachment 3). Specifically, the fence condition as wriltcn requires that the fence be "required along all pronerty boundaries adjacent to any Jesidential use" and "a consistent eight (8) fuot...aj oyp gam." The landscape buffo yard condition as written requires a "buffer yard of at least 20 feet of width shall be maintained along property boundaries adjacent to any residential use" and that "newly planted trees shall be of 3 inch minimum diameter as per the City of Denton landscape ordina,•tce' (underlined words denote inconsistency). The applicant is requesting that the ordinance be amendd to properly reflect the intent of City Council as well as the agreement between Pace's Crossing Apartments and JPI. City Council is taking action to correct these eaTors In Ordinance 99.140 as discussed above. This is not a rezoning of the property per say, but an ordinance correction. PRIOR AUION/REVIEW The following is a chronology o. Z•99.009, commonly known as Jefferson Commons, Application Date - February 4, 1999 P&Z Date March 10, 1999 j , c C. C. Date - April 20, 1999 t c; 1 II I t II LUIMATED PROJECT SCHEDULE The final plat of the Jefferson Commons Addition is currently being recorded with Denton County, having been approved by the Planning and Zoning Commission on July 14, 1999 by the Plarning and Zoning Commission. Currently, the developer is performing graefng operations on the site. Construction shall commence as soon as a building permit Is issued. i I FISCAL INFORMATION Development of this property will increase the assessed value of the city, county, and school district. It will require no short-tern public improvements that are the responsibility of the city. 11 OPTIONS I 1. Approve as su1 ;rifted. 2, Approve with conditions. 3. Deny. 4. Postpone consideration. S. Table item. ATTACHMENTS I . Letter from IN Addressing Conditions. 2, Ordinance 99.140. 3. Revised Ordinance. 4. City Council Staff Report, April 20, 1999, Z-99-009, S. Draft City Council minutes from April 20,1999 (to be approved August 3,1999). 1J Res Ifully submitted: , Mark Dona son Assistant Director of Planning and Development i• Prepared by: ~W ~ N tyne em Planner 1 I I.J '0'1rr;li drill Rr;nn tLdrn,nrtr (,yii,,an A, x 3 j ' i i i I II I t i II ATTACHMENT 1 fenkens e& Gilchrist 14"ROSS AVME SUM[ 320 rstoi 0XS'11."' g14JIE6ISJO Wow 11LOWPa1214)SUA300 a't W wmr~r a~nyacraau Ma,~M 1r41 ~'Sd.a WW1M.MNkeN1.COM UA M.! M 4MI April 20, 1999 Hot. lack Miller, Mayor and City Councilmmbers City Of Denton 215 East McKinney Street Denton, Texas 76201 Re: Zoning Case No. Z99.009, 18.0 acne south of Colorado Boulevard. Dear Mayor Millet and fibers; We represent JPI, the Applicant In the above-rdennod zoning case on your Wb11c heathy docket tonig t. lust yesterday, we wen made aware of a specifie concern on the part *(one of our prospective neighbors, the Pao s Crossing apartment complete just nathwaat of out site, We spoke yesterday with Mr, Bob Welt r ua in Chicago, a Managing partm of First Demon, Ltd., the owner of Pace's Crossing, who asked us if we would be waling to fence off and visually screen our site from theirs. In that conversation and In subsequent discusolons with Mr. Richard Hayes, Mr. Welaman's local counsel, we have agreed to put up a high-quUty 8 foot wooden privacy fence on our side of the property line, and to plant additional trees (one every 20 fW, approximately 70 In all) along the property line to supplement required cx[W g fray and to provide viaw probably Bra tr adford pears. Mr. Weitzman had Indkated tows that me a MOO and additional trot plan:,'ns would satisfactorily address his concern, Therefore, while we are In the process of working with Mr. Weitzman's attorney, Mr. Noyes, to finalize this offer, we also wish to apprise you of It sad to express our wplingaui to offer these Item as required conditions of our before you tonight to utswer zoning approval. We took forward to appearing any quesclons you may have. . Thank you kt your eoNideratlon. Very truly YWAM, n -V ' jonathae 0. Vinson l~(9MfE t cc. Word Hayes, £sq. D D John Oman APA 20 1999 Addom t:ientner aaoAt.,tWWA surs.s J PLANNING b DEVELOPMENT r t '[N.IMvpl I iN V'DatTlGttlu pnrl,i y,Mt nm, POiA W Y 1• k ATTP.CHMENT 2 ORDINANCE NO. ~-Zq AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE :ROM CONDITIONED COMMERCIAL (CIC)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A CONDITIONED MULTI-FAMILY I (MF-I[C)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 18.003 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF COLORADO BOt rLEVARD, APPROXIMATELY FIVE HUNDRED AND FIFTY (550) FEET WEST OF SO?jfHERN HILLS BOULEVAaD AND THE NORTH SIDE OF 'I HE 1-35 E FRONTAGE ROAD, IMMEDIATELY EAST OF THE PACE'S CROSSING APARTMENT COMPLEX; PROVIDING FOR A PENALTY IN INE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (Z- 99-009) WHEREAS, James Truitt, on behalf of Howard Patterson, has applied foe a change in zoning for 18.0 acres of land from conditioned Commercial (C[c]) zoning district classification and use designation to a conditioned Multi-Family 1 (MF-I(e)) zoning district classification and use designation; and WHEREAS, on Much 10, 1999, the Planning and Zoning Commission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be In compliance with the 1988 Denton Development Plan, the 1998 Denton Plan Policies, and the 1999 Growth Management Strategics and Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SE_GT QM. That the zoning district classification and use designation of the 18.0 sore proprrty described in the legal description attached hereto and incorporated herein as Exhibit A is changed from conditioned Commercial (C(c)) zoning district classification and use designation to a conditioned Muld-Family I (W-1(c)) zoning district classification and use designation folder the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: I . Lighting. Lighting on w;, property shall be designed and maintained so as not to shine on, or othvewise disturb, adjoining property or to shine and project upward to prevent the diffLsion into the night sky. 2. Denslty. Density on he property shall not exceed a total of 288 mold-family dwelling units. 3. Parking. OtEstreet parking shall be pruvided at a rate of one r all mull-family dwelling wits. pang space per bedroom for 4. Fence. A wooden privacy fence with a minimum height ofetght feet shall be required along all property boundaries adjacent to any residential use. A consistent eight toot fence line above grade of the adjacent property shall be maintained 5. ' i U i i i I I KMIOL WII'YWW0VN4O.. Dwr.eQ~~115 *Ge14M.►R.IY r ~ . 1 1' 1 I 5. Landscaped Buffer Yard.. A landscaped buffer yard of at lest 20 feet of width shall be, maintained along all property boundaries adjacent to any residential use, The buffer yard shall mantain existing or newly planted trees with no mote than 20 feel of separat-son. Newly planted trees shall be of 3 inch minimum diameter as per the City of Denton landscape ordinance and shall be replaced in the event any die. SECTION II. That the City s official zoning map Is amended to show the change in zoning district classification. SOON III. That any person violating any provision of this ordinance sheik, upon conviction, be fined a stun 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 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. l ASSED AND APPROVED this the a day of 4 91U 1999. JACK UR, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY AP?ROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY gal 6. i r it , EXHIBIT A 2.99.009 16,003 Acres J. White Survey, Abstract No. 1433 D. Lambert, Survey Abstract No, 784 City of Donlan. Denton County, Texas BEING a tract of land located In the J While Survey, Abstract No. 1433 and the 0. lambert Survey, Abstrocl-NO. 764, City of Oonson, 0016n County, Tinos and being a portion of that certain tract or land described In the deed to pte Devetopmenl, Inc., as recorded In Volume 3245, Page 829 of the Deed Records of Denton County, Texas (OAOCT) and more partlculorly described by metes and bounds as follows toorings based on tha nrhtost right-cf-way lima of interstate Highway No. 35-E per Texas Deportment cf ransportotinn right-of-way m 1s}. BEGINNING at o 1/2-tech won rod found for the most southerly corner of Lot 1, Block 1, Pace Crossing. an odd+'llon to the City of Denton. Texas eceordinq to the plat tecordod In Cabinet E, Pogqe 372 of the Rot Records of Denton County, Texas, from which a 1/2-Inch from rod four.,, boors North 75'54' West, 0.5 feet; THENCE along the wait boundary line of sold Epic Oevolopment, Inc. tract with the toot boundary line of sold Paci s Crosstng, as follows: North 4917'25' East, 461.39 foot to a'1/2-inch team pipe found for o corner in the common line of sold While survey and said Lambert survey; North 0210'40' East, along sold common Me. 908.79 feet to a 1/2-inch tron rod found N the southwest right-of-way Itne of Colorado Boulevard (an 60-foot wide right-of-way); THENCE along the sold southwest right-of-woy time of Cataroda Boulevard, as follows, -G Southeasterly, 161.06 feel atonq a curve to lhelahaving a radius of 640.00 feet, a central anqto of 1425'09', and o chard bearing of South 65;47'18 Eos4 160.64 foet to a 1/2-loth Yon red found of the sod of sold curve; South 6219'54" East, 157.33 lest to a 1/2-inch ken rod found at the beginning of a curve to the right; Y Soulhooeterly, 551 27 foot along said curve to the right having a radlue of 580,00 feet. a control an le of 5624'108, and a chord bearing of South 34'47'46" East, 529,26 fool to a 1/2-Inch iron rod found at the end or told curve; South 06'35'43" tool. 10000 foot to a 1/2-Inch Yen rod found at the beginning of a r / curve to the fork Southeasterly, 486.12 fed along said curve to the left having a rollus of 1440.00 feet, a control angla of 1920'314 and a chord bearing of South 16'15'59' E0e4 4838f r:el to a 5/8-inch 'KHA copped Yon rod set for a corner; - /THENCE South 77.41'14' West, dperthq sold sdulhweel right-of-way I" of Colorado Boulevard. a defames of 639.03 flat to a 0/8-" 'KHA' Capped Iron rod alt for o Comer, y. THENCE South. 4993'27- West, a distance of 253.12 fed to a 1/2-Inch Yon rod found for a earner In the southwest boundary Ifne of sofa Epic 09veloper" Inc, lrae and the nwtheost r;qht-of-*oV line of Interstate Highway No, 35-E, from which a 1/2-Inch Iron rod found bears Sou W 8318' Wait, t.9 fast; THENCE along sold southwest boundary line with the sad northeast right-of-way floe of Interstate Highway ir No. 35-E, as follows: -y • North 53'47'33' West 99.25 foot 1o a 1/2-Inch from red round of the beginning e' a r curve to the i jht, fron which o 1/2-Inc ran rod found bears SoAh 70'30' west, 21 fetti Nerlkweelorl; 39.76 bet atenq sold curve to the ri9hi Navino a n~dlw of 11,309.20'oo4 r r A, , d control ongIs tf 00`42'29", and o chord btarlnp of NoM 48D0'14' Will, 139.76 feet to a point ~t the Ind of sold curve, from which a 1/2-Inch iron rod topnd brow South 35'37: last, 0,6 felt and a 1/1-loch von rod found biers South 61'25 Week, 11 foot; North 0040" West, 136.10 fat to lha POINT Of OWNNINO and wialnlnq 18.003 oae+ of land, mere or lets, 7. ATTACHMENT 3 DRA r; ORDINANCE NO, _ AN ORDINANCE OF THE CITY OF DEN-fON, TEXAS, PROVIDING FOR AN AMENDMENT TO CORRECT THE CONDITIONS ESTABLISHED BY ORDINANCE 99- 140 WHICH ESTABLISHED A MULTI FAMILY ONE (MF-I (C]) CONDITIONED ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 18.003 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF COLORADO BOULEVARD,APPROXIMATELY FIVE HUNDRED AND FIFTY (550) FEET WEST OF SOUTHERN HU LS BOULEVARD AND THE NORTH SIDE FO THE 1.35 FRONTAGE ROAD, IMMEDIATELY EAST OF THE PACE'S CROSSING APARTMENT COMPLEX; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE, (Z-99.009) WHEREAS, on April 20, 1999 the City Council approved an Ordinance 99.140 which designated a Multi Family One (MF•1le]) with Conditions Zoning District; and WHEREAS, the conditions in Ordinance 99-140 does not correctly reflect the Intent and the actions of the City Council regarding the fencing and buiTer yard; and WHEREAS, this ordinance Is only for the purpose of making corrections to the ordinance; and will be In compliance with the 1988rDen on t Developmentt Plan, the conditions Denton rPnance lan Po cies, and the 1999 Growth Management Strategies and Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the conditions listed in Section 1, paragraphs 4 and S of Ordinance 99- 140, which established a Multi Family One Conditioned (Ole]) zoning district classification and use designation for the subject property, are amended to cad as follows; 4. Fence. A high quality wooden privacy fence with it minimum height of eight feel shall be required along the properly line adjoining the Pace's Crossing Apartments. S. Buffer. Additional trees (one every 20 feet, approximately 70 in all) shall be planted along the property line adjoining the Pace's Crossing Apartments to supplement retained existing trees and to provide visual screening via a consistent tree line. The trees will be a fast-growing, climatically-suited variety, 1< , conflicting That the provisions of this ordinance shall govern and control over any con g provisions of Ordinance 99.140, but all provisions ofOrdinance 99.140 as they apply " 8 . .r t c. f ARAN a to the remaining portion of the zoning district land use regulations not herein amended, ah ll continue In full force and effect. SECTION 3. That it copy of this ordinance shall be attached to Ordinance 99.140 showing the amendments herein approved. SECTION 4. 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 S. That this ordinance shall become effective fourteen (14) days from the data of its passage, and the City Se.retary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published In the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the _ day of .1999. JACK MILLER, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:~ r A '0 lr" JJ 9. r 1 I .3ENDA INFORMATION SHEET, Ap *Na -D11o " Jlpada lbrtl ATTACHMENT 4 r AGENDA DATE: April 20,1999 DEPARTMENT. Planning Department CMMCM/ACM: Rick Svehla, 349-7115 SUBJE(JT - Z-99-009: (Colorado Boulevard) Hold a public hearing and consider rezoning 18.00 acres from a conditiuned Commercial (C(c]) zoning district to a Multi-family 1 (lam-1) zoning district. The subject property is located on the south side of Colorado Boulevard, approximately five hundred and fifty (550) feet west of Southern Hills Boulevard and also fronts I.35 E, immediately east of the Pace's Crossing I~ apartment complex. The proposal is to construct a multi-family complex. The Planning and Zoning Commission recommended approval (7.0). BACKGROUND The applicant, on behalf of JPI Apartment Development Inc., is requesting it Multi-family 1 (NF-1) zoning district classification for this 18.0 acre property. The proposal is to develop a two hundred and seventy-six (276) unit apartment complex to serve a growing student population in this area. The immediate area is located in an urban center as defined by the 1988 Denton Development Plan and the 1999 Growth Management Plan. It is on the fringe of existing development to the west and undeveloped land to the north and east. The Denton Regional Hospital is east of the subject property. D The subject property is located in a conditioned Commercial (C(c)) zoning district created in April of 1993 (see Attachment 1- Enclosure 2). D The proposed development is consistent with all of the policies of the 1988 Denton Development Plan (DDP) as applicable and many of the 1998 Denton Plan (DP) Policies and the 1999 Growth Management Strategies and P!rn (see Attachment I - Comprehensive Plan Analysis section). D Six (6) property owners were notified of the zoning request (see Attachment I - Enclosure 4). Two (2) responses have been received; one (1) is In favor and the other (1) is opposed (see Attachment 3). The property in opposition is Pace's Crossing Apartments. It represents greater than twenty (20) percent of the land area within two hundred (200) feet of the subject property. As such, a super majority vote (6 out of 7) or be.4er is necessary in order for the request to be P~proved by City Council. A Mr. Donaldson Silverman, a principle partner of Pace's Crossing Apartments, informed the Planning and Zoning Commission that he would discuss this matter with his other partners to get them to remove their opposition. Staff his k had no communications with Mr. Silverman or pace's Crossing Apartments sure the public hearing. Therefore, the super majority rule does apply, unless documentation is provided between now and the public hearing before City Council. Z-99-Ore) rc SidReparf itat - 10. i 1 (i I PRIOR ACTIO"RM . ! The following is a chronology of Z-99-009, commonly (mown as Colorado Boulevard: Application Date - February4, 1999 DRC Date(s) - None P&ZDate - March 10, 1999 ESTM&TED PROJECT SCstFD n. . The subject property is not platted and would need to be platted prior to any development. nSC L INFO mJATiON 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. 'h As a form of lnflll development, no extension ofpublic infrastructure is necessary to service this site. PAZ SUGGESTED REC02dENDATION The Planning and Zoning Commission recommends approval (7-0) of this zoning request. OPTIONS 1. Approve as submitted. 2. Approve with conditions. 3. Deny. 4. Postpone consideration. 5. Table item. ATTACHMENTS I. Planning and Zoning Commission Report, March 10, 1999. Z-99-009. 2. Planning and Zoning Co•:.Assion minutes from March 10. 1999. 3. Property Owner Responses (2). 4. Draft Ordinance, Respectfully su mitt Da ill Director of Planning and Development Prepare3 vyWayne R d Plannern r•C9-0US+CCSu~QRep:»L:la 'I S1. T ATTACHMENT 1 Z~~~^oOn PLANNING AND ZONING COMMISSION REPO .1 f STAFF REPORT i Sublect: Colorado Boulevard Case Number: Z-99.009 %aff: Wayne Reed, Planner 11 Agenda Date: March 10, 1999 Hold a publ;c hearing and consider making a recommendation to the City Council concerning the rezoning of 18.0 acres from a conditioned Commercial (C[c]) zoning district to a Multi-famly 1 (MF-1) zoning di: trict. The Intention Is to construct a student oriented multi-famlly complex. irl E3 SITE s' LOCATION MAP Location: on the south side of Colorado Boulevard, approximately five hundred and fifty (550) feet west of Southern Hills Boulevard and also fronts 1-35 E, immediately east of the Pace's i Crossing apartment complex Size: 18.0 acres 294 609 P2 S", Repatda I i 12. 1 \ I .0 Applicant: Owner. James Truitt 76039 Howard Patterson 1 JPI Apartment Development, L.P. EPIC Development, Inc. 6DO E. Los Colinas Boulevard, #1800 One Park Plaza Irving, TX Nashville, ..TN 37203 The applicant, on behalf of JPI Apartment Development inc., Is requesting a Multi-family 1 (MF-1) zoning district classification for this 18.0 acre property. The proposal is to develop a two hundred and seventy-six (276) unit apartment complax to serve a growing student population In this area (see brochure labeled 2-99-009, which was placid in your notebook). In the enclosed brochure, the applicant quotes two Denton Plan PxAcles that are directed to such development: 'Alternative types of housing that respond to differing economic end Individual fife-styles of D e, ton s citizens should be developed In ell areas of the cky to achieve balance and diversity. All people who work in Denton should be able to live in Denton' 'The rangy of housing types evaYable for the specialized needs of the elderly, disabled, low income, students, single-person, or female- headed households should be ecknowtedged as a part of a strategy to diversify our neighborhoods." In pursuit of these two policies, the applicant Is requesting a rezoning of the subject eighteen (18) acres. The Immediate area Is located In an urban center. It L; on the fringe of existing development to the west and undeveloped land to the north and east. The Denton Regional Hospital is east of the subject property (see Enclosure 1) 1988 Denton Development Plan Analysis The 1988 Denton Development Plan (DDP) shows this area to be within a Major Activity Center. These areas are the largest centers strategically located to encourage the concentration of commercial, retail, office, light Industrial and multi-family housing. They are Intended to serve as a hub for economic activity and employment. Vehicular trip generation due to development within major Activity Center Is not restricted. Staff finds the proposed development to be consistent with both ! the policies and trip Intensity standards of the 1988 DDP (see Enclosure 6). 11998 Denton Plan Policies, Growth i,$anagement Plan and Strategies Analysis The 1398 Denton Plan (DP) Growth Management Plan shows this property to be within an Office/Mixed Use Area. These areas are strategically located in areas of the Cityof Denton to create urban centers. The area south of Loop 288 and 1-35 E is intended to be a mixed-use center containing medically related offices with a mix of supporting uses, such as limited retell and high- i Z-99 D09 PZ stal F*mtdoc ]3. MENOMINEE i density residential housing. Staff tinds the proposed development to be consiatent with the adopted Growth Management Plan and Strategles as well as the 19911 011 Policies (see ~ Enclosure 7). 1. Transportation A. Trip generation The 1968 Denton Development Plan does not limit trip Intensity wit),In Major Activity Centers. High-density housing typically generates 6.69 trips/day/unit. The a,>plicant has indicated that curt wt plans are to build two hundred and seventy-six (276) units, which translates to 15.33 units per a..re. At that density, the potential trip generation is roughly 1,619 trips per day. This Is on the low end of high-density residential development. In comparison, existing Commercial (Cicj) zoning would allow for land uses with higher trip generation. Typical commercial development generatov somewhere around 650 tripsldaylacre. On an eighteen (18) acre tract, this would translate to 11,700 trips per day. Hypothetically, it the property were developed at thirty (30) units per acre or a total of 640 units, it could generate somewhere around 3,659 trips per day. Thus, even on the high end of the density scale for multi- family (30 unlts/scre), the proposed development would place a smaller demand on existing transportation infrastructure than commercial businesses. The applicant has submitted a Traffic Impact Analysis (TIA) study for review by the Transportation and Engineering Department. The analysis of ihls report Is not available at this time. Transportation Improvements will be based upon the Impact of the development. B. Access This property would be allowed one driveway onto Colorado Boulevard and another onto the 1-35 Fast frontage road, subject to approval by the Texas Department of Transportation (TxDot), because it Is a state/federal road. I C. Road Capacity Colorado Boulevard is constructed as a four (2) lane divided road without parking and Is deslgnalod as a secondarymajor arterial by the 1998 Denton Mobflhy Plan (see Enclosure 5). As sych, its designed traffic capacity allows for a tolerable traffic flow of up to 19,100 trips per day. At present, the most recent traffic counts along this portion of Colorado Boulevard Indicate thed there is more than adequate capacity to handle the additional tr1p3 that would be generated from the proposed development. A traffic count at the Intersection of Mayhlll Road and 1.35 East ecorded 853 trips going south and 3,979 trips going north. This is well under the carrying capacity or the street. However, the intersection of Colorado Boulevard and Loop 288 Is experiencing congestion. This is b.,ing caused by traffic along Loop 288. Traffic counts for Colorado Boulevard at this intersection Indicate only 9,326 trips going south and 7,436 trips going north. Again, this Is far less than its designed carrying capacity. 1.35 East frontage road Is designed to carry approximately 6,000 trips per day. There ere no l ' traffic counts for this portion of the 1.35 East frontage road. There appears to be adequate capacity to handle the calculated trips that could be generated by the proposed development. Z-94 OW Pi VlFf ReMtdoe 14, " i E f I D. Pedestrian Linkages Sidewalks along all public streets are required. 2. Utilities This site has a.xess to existing water and sanitary sewer lines (see Enclosure 3): Water: Twelva (12) inch water line along Colorado Boulevard. Wastewater: Ten (10) Inch gravity sewer line flowing south on Colorado Boulevard. Fire Hydrants: Fire hydrants are Installed along Colorado Boulevard at the minimum required spacing. Public fire hydrants will be required on site In accordance with Chapter 34 of the Code of Ordinances. 3. Drainage and Topography New development will be required to design and construct a drainage system to city standards. A preliminary drainage study will be required with the submission of a preliminary plat. The study must Include calculations of the 100-year storm for all drainage nreas 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 stared on t;^e property. 4. Signs As per the sign ordinance. 5. Off-Street :'srking New development must provide parking according to the regulations of Chapter 35 (35-301) of the Code of Ordinances. The number of parking spaces required per dwelling unit for multi-family development is as follows: One-bedroom: 1.60 parking space Two-bedroom: 1.75 parking spaces Three-bedroom: 2.00 parking spaces i G. Lands, aping This property will have to comply with the new Landscape Code, which requires Mean (15) trees per acre and twenty (20) percent of all surfaces to remain pervious (plantable area). Also, the applicant has begun coordination with a local tree preservation group to relocate and transplant trees from this site in an effort to save as many trees as possible. 7. Open Space and Recreational Areas This residential development will be required to participate in the development of public recreational areas. Through the Park Dedication Ordinance (93-039), this development will contribute to park land dedication and park development fees. Dedication requirements are required during the platting process. Park development fees are required prior to the issuance of building permits. The following is a breakdown of the two requirements for this development N•hh 199009 i2 52af Aeportdoc i I r B the assumption that it is actually developed with 276 units: Park LanA Dedication =1.242 park acres Park Development Fees = 278 mt:lti-faintly units x $187 per unit = $51,612 This is only a preliminary estimate. Actua~ park acres and park development fees will depend upon ' the final number of apartment units. In any case., a fee In lieu of dedication will be.required because the calculation Is will be less than No (6) acres.'ft will be equal to the pre-development value of 1.242 acres of the tract. The developer is required to pay the fees at time of release of the final plat. 1. 1 April 12l M,3 - The subject property was rezoned to a conditioned Commercial (C(c)) zoning district and land use classification (see Enclosure 2). January 151 1985 - Th* Subject property was rezoned to Planned Development 91 (PD 91) zoning district with an approved concept plan. The district contained 243 acres and allowed offices (0) on 671 acres, commercial (C) on 95.7 acres, light industrial (LI) on 61.6 acres, and mufti-famlly (MF-2) zoning district and land use cassffication. Offices and commercial uses were permitted on the subjr at property. 1965 and 1984 - The subject property was annexed and placed In an Agricultural (A) zoning district and land use classification, both of which amended the zoning map for the City of Denton. The subject property is not platted and wrl A need to be platted prior to any development. 1 Notice of the zoning request was published In the Denton Reoord-Chronlcle on February 28, 1999. Six (6) legal notices were sent on February 21,1999, by certified mail to notify property owners within two hundred (200) feet of the subject property (see Enclosure 4). In addition,fifteon (15) courtesy notices were sent by first class mall to notify business owners within five hundred (500) feet of the subject property. As of this writing, there has been one response, which indicates neutrality to the request (see Enclosure 8). No neighborhood meeting was hold. Staff did not encourage one either as the property is within an urban center sround which there are no existing residents (single-family neighborhoods). Furthermore, the property owner of the adjolning Pace's Crossing apartment complex is a party in this development venture. A. r L Z-"-DD9 PZ SW11 Repurtdoc 16. L L Trip Generation Analysis Traffic generated by the proposed development will have an impact on the existing transportation Infrastructure, A comparison of the number of trips C unerated per acre by permitted land uses under the proposed zoning district (Multi-Family 1) to permitted uses within the present zoning district ' (Commercial) Indicates that a multi-family project would place a smaller demand on transportation Infrastructure than a commercial development. This Is duerio the fact that commercial property typically generates 650 trips/daylacre (t/d/ac) while multi-fam1y communkles produce 200 t/d/ac. As an example, a comparison of vehicle trip generation rates are provided to quantify the Impact of the proposed apartment complex and a hypothetical spodalty retail center' on the:ubject property (see Table 1). This is only Intended to contrast the Impact of what could be developed on the subject property within either of the two zoning districts. Trip generation figures for the two scenarios presented In Table 1 are bayed upon assumptions specific to the subject property. First, the applicant has proposed a 276 unit apartment complex on a total 18.0 acres (see brochure). Based upon the site's gross acreage, staff has calculated that a 316,000 square foot retail center could be located on this site, allowing for appropriate parking and landscaping. Table 1. Comparative Vehict, Trip Generation Development ESundayAveraue Multi-Family Specialty Retail Center a 1819 tri s 12 852 W s 2024 tri s Peak Hour 130 trips Peak Hour 160 trip s 1 580 to s e 1,976 Mpg 13 284 tri is 1,675 trios 6,456 m s { ' Calatatlons provided by the Institute of Trenapartetian Erpineero, 4991. As Table 1 Indicates, a hlgh-density housing development will have signlficantly lower trip generation than a specialty retail center. On any given weekday, the hypothetical specialty retail center could generate 11,033 more trips than the proposed muN-fame y housing development (12,852 trips -1,8119 trips). Likewise, there would ke an additional 11,308 Gips produced by businesses in the specialty retall center than by the proposed 276 unit apartment community on Saturdays (13,284 trips -1,976 trips). The point being that regardless of whether a specialty retail shopping center, a multi-screen movie theater, discount retell store, or hardwarMumber store is built on the suplect property, commerclalland uses will generate more trips (650 Mlec) than muNI-lamNydevelopment (200 t/d/ac) and will place a hlghar demand on local transportation infrastructure. Density he maximum number of apartment units that can be constructed on a property located in a Multi- Family i zoning district is restricted by Section 35.91(9x2) of the Coda of Ordinances. This section r ' r , 'The Institute of Transportation Engiaeeu (ITE) defuses specialty retail centers u small strip shopping «atm eontairu ig a variety of retail sbops, specializing in g1,ality apparel, hard goods, services such as red estate offices, duce studios, it :lorists, sad sma11 testauruts. A local example would be the Albertana's Shopping Center at 1-35 East and Man Miller. 2-99-M u start Reportdoc ~ 17. t t' defines unit density standards by way of establishing a minimum square footage per apartment unit. An efficiency unit requires a minimum land area of one thousand (1,000) square feet A one-bedroom unit requires a minimum land area of one thousand two hundred (1,200) square feet. For each additional bedroom, an additional threo hundred (300) square feet of land is required; a t vo-bedroom requires one thousand five hundred (1,600) square feet and a three-bedroom requires one thousand eight hundred (1,800) square feet. Therefore, the maximum number of apartment units that can be constructed on a property, while observing area regulations concerning setbacks, parking, building coverage, r nd landscaping, Is a factor of unit mix and number of stories. A review of existing apartment complexes In town reveals a wide range of unit density (Table 2). Twelve (12) apartment complexes were identified within current Multi-Family 1 (MF-1) zoning districts with a minimum of one hundred (100) units that have been developed under current zoning regulations. Density varies from as low as 16.94 unitsfacre at the Arbors at Denton to as high as 40.47 unlit/acre at The Oaks Apartments. The average density of these multl-family complexes is 25.97 unitslacre. The proposed development would be 15.33 unitstacre. Table 2. Analysis of Existing .'Aultl-Family Density, Denton, Texas. Number Density Apartment Complex dA dress of Units Acre (unitlac.) Apple Creek 1610 E. McKinney Street 308 11.410 26.99 Arbors at Denton 1103 Bernard Street 191 " 11.275 ` 18.94 La Colina 1200 Dallas Drive 264 10.159 25.99 Oak Meadows 1810 Teasle Lane 160 6.000 26.67 Pace's Crossing 2411 1-35 East 360 13.100 >7.48 Rams Gate 1407 Bernard Street 279 9.137 30.54 Residence 1801 Jason Drive 112 3.534 31.69 Sunburst Place II 1030 Dallas Drive 300 11.054 27.14 The Oaks `,'425 Bernard Street :.344 8 600 40.47 _ Westwind 1710 Sam Bass Boulevard 224 9.242 24.24 Woodhill 1408 Teasley Lane 352 19.543 18.01 \ PCM Addition' 264 8.662 30.47 C. e1EPIJefferson ~ t. x 5.97 Proposed Commons artments ' 278 18.000 15.33 'Curren fly under construction. it appears that density ranges from project to project. Current density restrictions allow high-density residential developments to vary by allowing flexibility necessary for each to react to existing financial, physical and social conditions, while still demonstrating a consistency with the Cky of Denton's goals and objectives. Though home projects are at the high end of the density limitations, multi-`;rnily development within our community Is balanced on the whole, demonstrating that the system works without applying additional density conditions. FurUiarmore, high-density rc Ideniial housing appears r to create less stress on the local transportation Infrastructure than most other forms of development, save single-family housing. M) W9 r t sides Report. 18. r. , I i II MEOW"; Staff recommends approval of Z-99-009 for Mufti-famly 1 (MF-1) zoning district designation without conditions. The request is conslstent with the policies of both the 1988 DDP and the 1998 DP (see Enclosures 6 and 7). The proposed development will provide for a compatible arrangement of land uses consistent with the adopted Grr~.vth Management Plan and Strategies. Furthermore, it will diversify permitted land uses within the OfNceoVi'lod Use area along the 1-35 E corridor. ' 1 move to recommend approval of Z-99-009 finding that 1. It is consistent with the 1988 Denton Development Pian; 2. It is consistent with the 1998 Denton Plan Policies; 3. It Is an Intended land use within this OfflcaXNxed Use area as Identified and defined by the adopted Growth Management Plan and Strategies; 4. It provides for a diversification and oompatit'e arrangement of sand uses; 5. It protects existing land values; and 6. It will provide safe and adequate traffic circulatlon. 1. Recommend. approval as submitted. 2. Recommend approval with conditions. 3. Recommend denial. 4. Postpone oonslderstion. 5. Table item. 1. Vicinity Map. 2. Zoning Map. 3. Utility Map. 4. 200' Property Owner Notification Map. 5. Denton Mobility Plan Map. 6. 1988 Der.'nn Development Plan (DDP) Policies. 7. 1938 Denton Plan (DP) Policies (2.. pages). 8, Property Owner Responses (1). a ~ ~ r 299 009 P2 SraT Repatda 19. ~j ~ III c: I I ~ I i i i :E NCLOSUPS 1 NORTH •99-009 COLORADO 1 SITE its. srm i I ~ r .r• - VICINITY MAR . - , • s Oate: March 10, 1999 N" 20. z S° l i1 i ' ENCLOSURE 2 N TH Z-99-009 COLO D. SITE Y ~ SITE .ro ro a a Y i N I B ZONING MAP A#. , Data; MARCH 10, 1999 g - 21. ENCLOSURE 3 NORTH Z-99-009 (COLORADO BLVD.) f lvj • :k . l 1 EXISTING UTILITIES MAP • Hydrants Water Line (W. L.) i Sewer Line (S. L-) ` Agenda Date: March 1o, 1999 Scale: None 22. i ENCLOSURE Z-99-009 (COLORADO BLVD.) NORTH . 500 F00 BUFFER FOOT BUFFER 01 r. 200.500 FOOT NOTICE. MAP e Agenda Data: March.10,1999 Scale: None 23. c II III RNCLO$URE 5 , J9•009 (COLORADO BLVD.) IVQRTH a X1,5 ~ n • SITE r 1 ♦ f DENTON MOBILITY PLAN MAP Agenda Date: March 10, 1999 Scala: Nona . 24. ..r , t r L • ENCLOSURE 5 16 dP 1988 Denton Development Plan Analysts The 1888 Denton Development Plan (DDP) shows this area to be within a Major Activity Center, These aloes are the largest centers strategically located to encauisge the concentration of commercial, retail, office, light Industrial and muhl-family housing. They are Intended to serve as a hub for et*nomlo activity and empioyrnent.' Vghicular trip gengptlon due to development within major: Activity Ginter Is not restricted. Staff finds the proposed development to be consistent with both the policle . and trip Intensity standards of the 1988 DDP. The table below provides a summery of the 1988 Denton Development Plan pofides applicabte to this project: Denton Development Plan Policy Analysts Summary Major Activity Center Development Rating vs, policy sirliflariv vow POLICY COMMENTS t rncnnt oxbfatant, Itft Thee areas m tiro Input the ooraerdrabm of MW&dal eatap, =%~A hjU*W rind muM•hrnry ' x Intanatty stanched. There b no'gHt to tjLO~ In H*r Adh~Ly WbwL x [c~enn*tem nber a<hpa to be gme:Ned b/ , . Padittlaa, Adequate putQc Ist s to kgport ft* "UhdW fttAdbe Uw Memity. Land uK dlversty, ng hlphdernRy hoWng, #6A be Mhoudng x oehood ►,oom Low dwtft tltl area on s,e fttnp w 1M mop rz *W4 use or loa residentialce x j r Z-"-Mg Pz start Routdoc , 25. .r c i I ENUOSURe 7 1998 Denton Plan Policies Analysis The 1998 Denton Plan (DP) Growth Management Plan shows this property to be within an Of es[Mixed Use Area. Staff finds the proposed development to be consistent with the policies of the 1998 DP. ' The table below provides a summary of the 1998 Denton Plan Policies applicable t-i this project: Denton Plan Policy Analysis Summary Development Rating vs, Policy CATAGORY POLICY Incon4stent constsknt Transportation, CompOmentsDenton',1on¢Panpe7horagidarePlan. r x Pramobes Muss Management Pt" x Opdrizes operations for ernMp q servke proyWers and } other pudic servke prov/ders. Promotes pudic transportation ystem x Contribuks to br Denton Trabe netwxk. Star mwater Drainage. probmts 100-year Nodplain areas In aoeor&nce with 1 Denbon's watershed management plans. Conforms to bat am won negu on& x Contributes to roonal detenvon Wide& ProLes fa natural epaoian envlronimt along doodpialn. upgrades ttsdng a~ndard dralnage systerre as WIII , M Water and Develops and malnbahs property and pmts x Wastewater. 'Infrastructure, Creates to uhdu a development demands. ~stewakr Ines ' Provides review of proposed water and wastewater Infrastructure to ensure public safety and heft. Promotes WI at1<rovements over new Ise Oder, x Electric. Provdes vmevwnd elecbk servke for new re4denbal x and rime0clenbal development solid waste, Promotes tMant access to as devebpmenl for sortd x waste service delivery. Parisi and Recreation, looks parks and reaeabon WlIes In acmrdante Will tht Parks and Recreation strabegk Plan. EnMnces'parks and recreation opportAdes for resident. x Preserves w ks rd open span to ald In pa. = ohm ohm efforts! A lows tanbinlng of parks with other public radlibes to i achieve cost-eReMve delivery of pAk seMces• Residential development #"IdW ate land or reel In r 1 lieu of land for neighborfaod psrio x Environmental Quality, Promotes presemtian of natural reso rca. _ x A. r rtegrates environmental proteQkn Wth etanomiC f r ramh and oamrtwnRy development. 1 2.99.009 PT Stan p.eportdoe 26, c . 1998 Denton Plan Policies Analysis (continued) Denton Plan Policy imilysis Summary Development Radng vs. Policy , CATAGORY POLICY ~t ^t ApOksbN ti We ; Ndphbortmdo. prove endcarrnuRyfa~tlesla x Enww" a nftre or land urars tlfat bendlt relden& x Weds and praaltgO bWnp W060twic b n bort~oodo b 11,010 Uw k x NouOMno. prodder a rangy c•~ houdng dW appW W dHa4~p eoenomk am, F AAutad Ih x Offers a v&$* d *4640f M dzek k"v *ek and pdu ropes. Rewm W*V hadrp, Yv OV ArdWe houlnp, Jr"Mw kdlM houekp wWadk L DIV"fl n me! and "wofp 1M W Dae. x WW &am'AW IOW m ONxetAatlon. WWOW" in* Gow ment. Grpotlrllges DrGya'en &IW ooddkMw to prodde Oo**YOCM Oink ordoM Urban Wpm Wow mnrt►rily spp*w*r= in, a =w#&*e "rM, . oMe oo ar(M aedlre appwvxx d beet" Mrorerwrt. x Neo>~ MMdw*pT&A04 beaer-@W* Rate& and Warm Demon's aWQ@OaY, OAbral and h*ww reaourdt &h.v" the!puarnnd ewv major antra wMM x Aotnotn tlr "M w O :w and hrr o**. x Pubtletnvohomen6 PrrvfduinoppatWtyforMkogdondukptM plarWnp ProCeo. !fir :ssoog pz sea aeportdoe . s eeorara~.aa 27. i •i I I ENCLOSUR2 8 tRING NOTICE OF PUBLIC HEJr Z-99-009 i The Planning and Zoning Commission of the City of Denton will hold a public hearing on Wed iesday, March 10, 1993, to consider rezoning le.0 acres located on the south side of Colorado Bailevard, approximately five hundred and fifty (650) feet west of southern Hills Boulevar3 and on the north side of 1-35 E, Immediately east, of the Pace's Crossing apartment oolnpiex, from a conditioned Commercial (C(c)) zoning disalcl to a Muill-family I' (MF-1) ioning district (see map on backside). • fine property is legally described as a portion of Tract 4 out of the D. Lambert Sftey (Abstrect 784) ahd a iKirtion of Tract 3 out of the J. White Survey (Austract 1433) in the City of Denton, Denton County, Teas. The, purpose of the zoning change Is to construct a multi-famlly complex. The public hearing will start at 5:30 p.m. In the City Council Chambers of City Hal locataiii at 215 E. ?cKinney Street, Denton, Texas. Because you own property within two hundred (200) feat of the sub)ucf property, the Plannnfng and Zoning commisslon woufd like to hear how you feel about this zoning change request and Invites you to attend the pubUc hearlag. Please, in order for ynur op,nlon to be taken into account, return this form with your comments prior to the dale of the public hearing. (This In no way prohibits you from Pttanding and partkfpsting In the publio healng.) You may fax It to the number located at the botlon ,iall It to the address below, or drop It off In-person: Planning and Development Department 221 N. Elm ST Denton, Texas 76201 l Attn: Wayne (teed, Planner I The zoning process Includes two public hearings designed to ptovide opportunities tor, citlzen Involvement and corhmenl. Prior to the public hearings; landowners within two hundred (200) feet of the subject property are notified of the zoning request b%, way of this notice; -The first;iubllc hearing is held before the Planning and Zoning Commission. 1ne 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 dental, tha 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 requirod to approve the zoning change. These forms are used to calculate the percentage of landowner opposition. Please circle one: In favor of reques , eukal to eq~~+ /may"y'r ° Comments: p~' ~Os.~-+f~s✓~ tr r~Y~"•/ o~`" r s .Clt signature. lr~i I Printed Name: Mailing Address: D MAR 4 Z ~ --Iv L City, Slate Zip: - ~d- ' k Telephone Number: 9 c,4 D 9 P S P Physical Address of Property within 200 feet: r r W J d 41. CITY OPDENTONi TEXAS GTYMLWEST. ncrrroN,TEXAS 0201 04034DA350 ~ (F)440349,7707 2.99 M Logs, wdoc 1 ` ~M I ATTACHMENT 2 Planning and Zoning Commission Minutes March 10, 1999 Page 2 of 3 Item putted by applicant. 'Discussion of this item Is Included in a Court Reporters transcript attached to this eel of minutes. (Page 1) all. 6. Hold a public hearing and consider making a recommendation to the City Council concerning the rezoning of 49.528 acres from an Agricultural (A) zoning distrit to a Single-family 7 (SF-7) zoning distrlcL The property k located on the southeast corner of Silver Dome Road and Falls Road Intersection. The proposal Is to develop a single-family subdivision. (Z-99-008, Cox Property, Wayne Reed) Motion by Bob Powell and seconded by Softy Rishel to postpone until March 24, 1999. Public hearing will remain open, 'Discussion of this item Is Included Ina Court Reporter's transcript attached to this set of minutes. (Page 8) Mellon carries 5.2 with Elizabeth Go urdle ead Carol Ann Ganzer voitng in oooos'U21 6. Hold a public hearing and consider making a recommendation to the CRy Council concerning the rezoning of 18.0 acres from a conditioned Commercial (C(c]) zoning distrkd to a Multi-family 1 (MF-1) zoning district, The properly Is located on .he south side of Colorado Boulevard, approximately five hundred and fifty (550) feet west of Southern Hills Boulevard and also fronts 1-35E, immediately east of the Pacg's Crossing apartment complex. The proposal is to construct a multl-family complex. •(Z-99.009, Colorado Boulevard, Wayne Reed)' Motion by Susan Apple and seconded by Carol Ann Gonzer and Salty Rishel to recommend approval to City Council. 'Discussion of this Rem Is Included In a Court Reporter's transcript attached to this set of minutes. (Page 63) Y-&, nolabt U_ 7. Hold a public hearing and consider making a recommendation to the CIWCounclt concerning the rezoning of 36.81 acres from a Single-family 10 (SF40) zoning district to a General Retail (GR) zoning district on 3.68 acres and a Singie-famlly 7 (SF-7) zoning districton 32,99 acres zoning district. The property is located on the east aide of Loop 288, the south aide of Audra Lane and the west side of Mayh111 Road. The proposal Is to develop a total node fronting Loop 288 and a single-family subdivision on the ten alnder of the property. (Z-89.011, Loop 288 and . Audra Lane, Wayne Reed) Motion by Bob Powell and seconded by Susan Apple to recommend dental to City Council. 'Discussion of this Item Is Included In a Court Reporters transcript attached to this set of minutes. (Page 98) , (Pag~carAes 8.1 with Effzebeth GouMte votino in ooooshfon r. 8. Hold a public hearing and consider making a recommendation to the City Council concerning ! f'• ! the rezoning of 19.33 acres from a Commercial zoning district to a Muhl-family 1(MF-1) zoning district. The property Is located on the east side of Meadow Street, the south aide of Inman Street and Is just north of I-35 East. The proposal is to develop a one hundred and ninety-two (192) student apartment oomptex. (Z-99-014, Meadows St/136E, Wayne Reed) 29. .r r Condensoit Page 53 Page Ss I MIL ENGELBUOM3 Good e.e unit, Isdiei and I And It ..'Jonslatent with our strawes 2 gentlemen. We are reconvewd with the Planning and 2 with the Growth Management Plea of 1998. Stairs 3 Zoning Commisslon. At this time, we Will continue our S analysis of this site and of the request with In 4 public bwings with Agenda Item'K nber 6, which Is to 4 comparison to existing toning demonstrates that both on s hold a public hearing and rondder making a s the level or unite :mpsct as well as the potential 6 recommendatico to City Council concerning the zoning of 6 development on this property. this use would be less 7 18 acres from conditioned commercial to Multi-Family 1. 7 intense on the public Infrastructure Low would a a The property is located on the south side of Colorado i commercial business developed on, It. And I won't go 9 Boulevard spproximakly 550 feet west of Southern Hills 9 !nto tbal; I'll simply dembastnte also thit there Is to Boulevard and rlso affronts 1-358. This proposal Is 10 10 one addilonal response to the public notice end this is 11 construct a mold-fanny complex. 1 I a response from Pace's Crossing. And this particular 12 At this Cunt I'll open the public bearing. 12 response I think needs to be discussed„ but not by 13 Mr. Reed will give us the staff report, please, 13 myself, but a reproaentadve for Pace's Creasing and 14 ML REED. Itte subject property containing 14 actually is a principal partner of Fint Denton, Lin, is approximately I8 aces-s Is touted oo the na'th aide of is which owns that property. He will speak to the affect 16 1.358 just north of the now under eonstrtctioo Denton id of this response, The resporm in o.,wttlo, bowtver, 17 Regional Hospital located here at the MayWColorado 17 Don Silverman, who I have just reseed to will Indicate 1I intersection. Subject property is just south of e. if that they're actually trot In oppositlaL 1 think he can 19 Golden Triangle Mail and the sbopptog center located on 19 better explain this coatradictiori than myself. I'll 20 the south side of the loop. As you've said in the 70 pass this wound. 21 announcement, this is in a conditioned commercial toning 21 The public notice cunt out to In addition 22 district. The subject property Is undeveloped as is the 22 to First Denton, LTD, went out to five other Property 23 surrounding property to the east, north, and south on 13 ownaa, Out of those six property owners, ales of today, 24 the north side of the freeway. This condition zoning 24 there have been two ft"nees which you are tcoking at 2s conditioned commercial toeing district was created in IS one, And the other ones which we received at before Page 54 Page S6 1 1993. It replaced a Pianned Deveopment for that am I the time of the staff report compiodoo, we received one 2 which allowed a m1x of uses. 2 which was neutral to the request. As I Indicated In the 3 The subject property In particutar had 3 staff repuxt, this area does not contain stogie-family 4 commercial and office permitted uses. And this property 4 neighborhoods and It was in a Development Review s was annexed at two different periods. Along the S Committee stating of which Don Silverman had attended 6 freeway. It was annexed In 1965 and the remainder going 6 that staff •Hes made aware that Pace's Crosstng was party 7 up to Colorado was annexed in 1964. The Particular site 7 to this de relopment mad laving no existing residents to a has access onto the or frontage along the Interstate and I the property around 1% we d}dn't tneoungs a staff 9 Colorado. As the utility map demonstrates, existing 9 meeting. 10 utilities art available to this site. 10 So 1,11 simply str.t.+artae by som staff 11 The request is foe single or student hoosing 11 raomm tds approval for the Mulit•F=Uy 1 toeing 12 and the applicant has quoted two Denton Planned Policies 1 t district desi£nadon without eonditionL The request it 11 under our Housing Policies cod these pollcles support 13 consl&nt with the policies or the 1988 Denton 14 their request. Moreover, the 1988 Denton Development I I Devalopi tnt Plan, 1948 Denton Pisa, 77x proposed I$ Plan identifies this are as a major cat activity IS devetopement will grevide for a compatible arrangement 16 center, They are centers tvhlch are to include 16 of land uses consistent with the adopted growth 17 commercial retail office, light Industrial and I7 menap.'mrnt plan and strategies. Furthermore, 11 will I I multi-family houaing. Sin&-family housing is to be IS divetsiry permitted land ass within the office mixed 19 discouraged in this area. So it is consistent with out 19 use area along 1.35. 1'd be happy to anrixr any r 20 'IS plan. It Is also consistent with one 1998 Denton 20 questions. r r 21 Planned Policies, our Growth Management Plan, which 11 MIL MEURECHTr commissloners, any 22 identifies this are as on office mixed use area, which 22 questions at this time for Mr. Reed? 13 should contain medially-mlated offices with a mix of 23 Ms. GGURD a Actually It might be for Mr, 24 supporting cues such u multi-famUy housi,:g and 11m[W 24 Salmon. When the new It"Adont 1111" a on Interstate 2S retail. 31 35, everyone will hove to exit « Is It Stale school iPLANNINO AND ZOIIINO MHBTINO MAl Xt110,1499 r 30. i Condenseitt'r _ - - pages? Page 59 2 Road? And tbat will be their primary way of aooeasing t did not love to orfer detalled Infor ation as to the 2 this from Interstate 357 That Is tie way they're laving 2 type or market that they're going towards or will be 3 to do it now, but we're also going to hav a ev -ryooa 3 leaning to. 4 else's traffic; is that oorrocl? 4 t to POWELL' t understand. I'm M; hying S Mp sALmoN: The proposed site h right here 5 to make mountains out Of molehills, I want to make sure 6 where I'm poloting. Actual ty. if you're coming from the 6 1 understood %%I I'm voting on. Thank you, sir, 7 south, once the romps arc reversed, you will be able to 7 rout ENCELaAec M As a follow on to that S exit jest before you get Soututm Hills Boulevard to get . S question, l bad asked Mr. DonAdion if he would give tre 9 to the sit off of I.35. From what 1 understand they 9 an Indication of how army units per acrecatid be plead 10 arc going to have an entrance on Colorado and an 10 on this particular pro" if It Was toted M?•I and 1 I 1 entrance on 1.35 servim road. I 1 would ask him to Obnpty just Summarize that material, I1 Ms, oomi E: And belry that oil traffic 12 MA DONALDSOM All right. W-1 tone I3 will be using Loop 288 and Lillian Miller will be 13 district allows a density that's a function of the 14 exiting at that same intersection, Is that going to 14 number or bedrooms per unit; It varies. But, typically, 15 cause difficulty to have an entrance off of that 15 we have protects that are one-bedroom oriented In the 16 frontage road? 16 work and then on it order of 35 uniu per acre. If you 17 MR sALmoN. No, not rally because to 17 start mixing two bn+rooms with one bedroom, you an get 18 conjunction with the ramp reversal, also are recommeaded It 30 uniu to the acre. If you go all two bedrooms, maybe 19 making the servloe road three land instead of two lanes 19 2s• And as you Increase the number of bedrooms per 20 to there's added capacity. 10 unit, you &=am the density. This particular 21 Mx ENOELB&ECrrn other questions? Yes, Mr. 21 proposal h 272 units on III acres or 15.3. 72 Powell. 22 33a VEEP. 214mmtts is 15.33 density. 23 MA rOWELL Mr. Red, if I reed this 23 MR DONALDSON: But the straight zoning 24 correctly sad I Im not too sure 1 do, this Is straight 24 allows for much more than that 15 using and Is not tied to this particular project, 2s Mx UEU And staff, of course. in the Page 58 Page l correct? 1 report kind of gave you examples of existir , epartmet,, 2 MR. REED: I'm sorry, i don't understand the 2 dwellings that have been developed under straight 1 last part. 3 multi-family toning. And it appears that our regulation j 4 MR. PowELL: once it's zoned &W-I, it may or 4 is flexible enough to allow each one to develop within 1 5 may not be hoed for the project that w c're looking at s those reguise(r,3 but with the room needed to develop 6 here tonight that we're talking about. 6 that site or e.'h site considering several factors that 7 MIL REED: To the best of my understanding 7 developers have to consider. 'T'he average is only 25 a it will be. I units an acre for the ones 07t ate presented In the 9 MR. POWELU t know that. But I'm talking 9 staff report and all of those apartment complexes have 10 about we're passing zoning here, we're wt passing 10 greater than 100 units in them. I I we're passing a straight MF zoning. If it were to sell 11 Mk ENOELBttM, Are there other questions? 12 after it's passed for some other use, some other W-1. 12 Mr. WSW. 13 use, that would be fine. 13 MR. RISHEL: W question is for Mr, Salmon 14 Mil REED: That is correct, Single-family 14 also. In that area wham we're coining off the freeway 15 is allowed vAthin a multi-family zoning district is there, is Cis% In fat, when the freeway is reworked, is MR POWELL: All I was saying Is that this 24 will that be one-way, three lanes just going one-way? 17 Is student housing, as I understand It. 17 MR SALMON: That's eorrect. IS MK REED: That Is the way it's been 1s MR. RISHEL: Okay, r 19 represented by the applicant. 19 MR ENOEL9PIM: Mr. Salmon, while you're 20 MR. POWELL, 1 understand and I'm not saying 20 there, do wr have a potential Current tintetabk for this 21 anybody Is tttisrepresenting anything. All I'm saying is 31 nap reversal? 23 we're not passing student housing tonlg);, I'm just 21 MR. SALMON: We really don't have a current 23 making sure I understsod, we're passing Multi-Family 1 23 timetable. 1 understand that there ore some inldsth% 24 which doesn't neeeasarily have to be student housing. 24 to speed up the funding for this patkular project but 25 MA REED; that is correct. The applicant 2s 1 think 1 can safety say his probably a minimum of a PLANNINQ AND zoNrN0 MS13717N0 MARCH 10, 1999 31. a F !I` Coadenxlt'" I two to five-year tLnerrame even at wee point. Page d i vxy helpful In t sng us 1bro0gh thla proem up toP d 2 M0. RNOELBmnr dray. 7baak you 2 this point As he statK Go is an 11-acre request an 3 Commisaloners, other grxstlons for staff? Mr. Reed, the 3 the south aide of Colorado Boulevi rd mar Soutbem i f 4 backup material ladicate4 some of which was prodded by 4 Hills. It has a Very small frOdW on interstate 35. i i 3 the staff and others prov*d by the petitioner S Most of the frontage will be on Colorado and that's i 6 Indicated that this was to be clad as student housing. 6 really the main front door of the Complex. We're salting 7 The diagram Slowed twee, three, and four-bedroom units 7 for running from Conditioned Commercial to Multi-Family 1 with multiple bath basically one bath for every' 1 l to do a 276-trait student bomlag oompiex and this is 9 bc%koon% which would suggest that we would have more 9 about 10,3 uniti per acre whIeh for any property c f 10 adults per unit than and, themfora, more driven per Io this type;'ls very low density. I l unit that, we normally to: In a standard apartment 11 I want to really emphasise that Us will be 12 complex. I noticed that the off-street parking 12 student-oriented boustng. it has a much different 13 requtmments were simply those that come straight out of IS eoorigurafion than coaveational multi-rarwly'. I'r'e done it our code of Ordinances and 1 wonder is that really 14 a lot of work foe in on zoning easy on their regular 35 suffldent given what would appear to be a much larger I f multi-family product and this Is a completely different 16 number of potential drivers? 1 noticed in the backup 16 animal, what you've seen In the handouts that you've t 7 that it wee Indicating sornewberc In the range of 270 17 gotten. It's a mixture or one, two, three, and IS units with close to 700 or 700-plus buds which, wain, is four-bedroom units, Conventional mull-family, I know 19 would suggest a lot more drivers. 19 that they typically do maybe Ave percent three bedrooms 20 MR KUD. Staff feels the parking 20 and I've never seen four bedrooms before. 'Ibat's brand 21 requirements in our Code are a miaboum for multi-r roily 2l new to me, too, k to car, this would be a very 22 development to abide by. Each one an provide more than 22 difficult sell to a regular tenant mix a opposed to a 2$ the minimum and, Infect, many der to thiscase and, 23 student-type orientation. With US MVW 1 think It's 24 spin. I will let the applicant address this in more :4 tmtiltety that, say, older people from my age on up, or ' 25 detail, the applicant has Indicated in their prior 2s whatever, would look at It or also famitles with Page 62 page 64 t developments in other cities that they have, In fact, 1 ehttdten, for that mutter, u well. Conseyuecdy, in 2 provided far In exam of the parking C -idards by the 2 our vir w there would be no Impact on the public schools 3 municipality because It's In their bat tnteresl to 3 to the extent that that's an Issue. 4 provide the number of parking that they know is most 4 1 listened redly Intently to your previous $ reasonable for their market 5 case and 1 want to say that Mr. Reed was helpful in 6 Ma ENOELBRECNr. tbank you. Any other i discussing with us whether there were any nearby 7 questions for staff? 7bank you, Mr. Reed. In that 7 ocighborhoods. We, in fact, Wised the topic with him. I case, is the petitioner or petitioner's representative 1 We eked him if there were 1!ny nelghbarhoods that we 9 present? If you would please give us your time and 9 should go meet with or aelghborbood leader IndIVIduolL 10 btuhness address for the record. 10 As he pointed out, the closest single-family Is on the I I MJt ViNSON; thank you, I& Chair and l 1 other alde or the freeway past the retail. So V 12 Commissloners. My name is Jonathan Vinson, 1445 Am 12 anything, that's to fu sway that I don't think there's 13 • Avenue In Dallas. I'm here representing IP4 the 13 say impact at all. We •.vould have been happy to meet 14 applicant, r also have with me hero tonight Richard' 14 with thrin Ii wee recomrre0ded to to that {i ecally 13 Fum and Addam Gentner from K Addam's going to I$ would not be necessary In this cane. 16 follow me and address dome more specific questions. 16 There Is one opposition letter that you 17 Also our "neera are Kimley Horn. We have Chris 17 received and Mr. Silvermsn Is going to address that for I I Frysinger, Scott Wright, and Mike Uoyd from K{mley II you, I'm Just 201% to sum up and tum It over to 19 Hom. 7bey've done our engineering studies, our traffic 19 Addam. As Mr. Reed stated, this appllatloa Is r 20 study, other things of that nature, of a technical 20 eonslownt with both your IIS and your 190 plan In every , 21 nature and they're available. They're not planning to 21 category that was applicable. Its eoedsteot with your 22 speak, but they're ai diable to answer qtr Boas if you 22 Orowth Management Plan and Stetegta and we believe It's 23 have questions on those specific topleL u a compatible land use for this area It's eavistooed at 24 1 also want to thank Wayne Reed of your u a mixed use era with a j alxture of retail, dnoe, and 25 stare. He's really done a unifw job and ha been 25 things like Ihat We think the traffic circulation 6 PLANNING AND ZONING M UnNG MARCE110,1999 W 32. n __,__-Condenseltr" _ I both ssfo end Adequate, as the staff Page 65 _ Page 67 ajrees with us on 1 that retie running under your City Code requires us to 2 that I would be happy to answer any questions at this 2 bave just ova 500 specs. I think S30 was what it was, 3 point or if you have any questions for any of us after 3 Our project will have approximately just under 90o 4 we get though with our presenlation. I'm going to turn 4 bedrooms and we plan to park a! close to s one -to-oft S it over to Addam Gentner now from JPL tie's going to S ratio on the bedroom basis as We an. Gexrally, our 6 talk in greater detail about this type of product and 6 properties are anywhere From 95 Re cent to 100 percent 7 its student orientation and then rlso about our site and 7 parking one-to-one, w ft's what we'll be shooting ror 1. I our site pltn for this aura. a here, Right now, we're very close to tbat. 1 think we 9 MIL F-NGELBAECHT: 0oniatisslo6ers, anyone any 9 have lid 890 spates sod there's like 900 beds. The JO questions at this time or would you Me to wait until 10 history on that, we've developed probably 15 of these I I we hear the complete presentation? Okay. Thank you, I I across the nation and so we have it lot of cum flative 12 sir. If you would, give us your name and business 12 data aced actual hard market proof on v hat w'a need. And 13 address for the ixord. 13 we always do need to park as close as we can t) 14 Mil. 0E1%7 Addam Gen Iner, m. The 14 one-to-one, especially In Dailon which does have a lot is address is 600 rest Los CoFnas, Suite 958, Dallas, is of commuters Pod Share's not a tvell4xtabL''shed iwis 16 7 exas. Thank you for your time tonight, I'd IN to 16 transit; i.e., like a bus system that would take rare of 17 start out, as far as the project goes, it Is a 17 the kldt. I6 multi-family project. It Is a student-oriented design, is sta. cioet asis m t would tike to just ask 19 constructed, and managed to cater to and marketed 19 you to repeat that You mentioned $30 spaces and then 20 towards the student population. Obviously, University 10 you said 900 beds. The plea called for 272 units, 21 of North Texas and also Texas Woman's University, the 21 M0. aE mm. Wder the current project that 22 reason we'd like to do the project here Is the 22 we have set up, it's 276 units and the way your parklnr, 23 university, as you know, Is experiencing strong growth 23 ordinaaa Is cat up you have, like, I think, one for a 14 as well as Denton as a whu'e. 24 one-bedroom and 125 for a two-bedrooms and, like, two 23 Just a brief market on that Is the 2s for everything above that, By those standards under our Page 66 pq - I universities, we forecast it to grow by almost 1,000 t eurnnt mix, we e-owd be rogatred by City Code to have 2 Students over each year over the next five years. 2 like 530 spaces. We are planning on providing ob dously 3 Obviously, we need plans for those students to live. s much greater dean that, as close to a one-90-one on a 4 The project is, again, set up for the students and as 4 bed basis ratio, so closer to 900 spaces is whet we s you discussed, it Is generally made up of three and four s pia, 6 bedrooms. We'll offer orrs, twos, threes and fours end 6 MX E74GMAitECHT: Okay. So you plan on 900 7 the emphasis will be en the three and four-bedroom 7 bedrooms In that 27d units and, therefore, you're going 6 floorplans. Generally, most of our properties arc SO to s to shoot Fvr 900 :paces, i 9 60 percent throe and four bedrooms. They're also fully 9 MX ODM4EA AS Close a We can get [ 10 furnished and leased on an individuil basis by the bed; 10 Mgt. ENOEL :,;Carr t un&ntand. Okay, Yes, + it I.e., if three residents coma In. they each sign a lease 11 other questions? Mr. Rlsbel. 12 so that way If one doesn't pay their rent, It doesn't 12 M0. RISHEti I appreciated your comment 13 affect the other two, . So It's very student friendly and 13 about effective public trsasportatloq In our community 14 student oriented. 14 and we arc workiag on ihat. I'm a little cutiow, how Is As you've already heard, it's very 1 S may o'ber prope+ies do you have around the country 16 consistent with the Denton Plan. As far as the 16 and it's.,set of a curiosity t1Jq the; :s situated, four 17 frontage, again, we've minimized the frontage on 1.35. 17 and a half, I'm just guessing the distance, miles from I I The remainder of the tract Is commercial-oriented type is what the campus would M 19 of stuff, Really with Wayne's presentation and 19 wt. t2t2Pmst. it depends on diffaen• 110 Jonathan's stuff, l think it's an easy decision to agree 20 sr ukets. Some markets where obviously, we want to II on app,,;val for rezoning and really just address any 21 get the closest land slie wee can to the campus that's ti specific comments or questions you have for us. 22 developable. Some nwitets, we're it stile, some, we're 27 1 forgot about the parking, 1 wanted to 23 five. We did one In Austin where we're almost five 24 address the parking since you had brought that up. The 24 miles away from the campus 2s current mix Is we have 276 and the current unit mix 23 Mat. a1SHEG lust parking for the campus is PLANNING AND ZONING MBBMO MARCH 10,1999 33. L Condeaseltr" _ Page 69 Fags 7 t 1 live tulles away, so 1 understand that ' 1 Hotplul oenter and Q . *In favor of mis. And In 2 MIL MELBRECHTt Yea, ML GoUrdle. 2 retrospect, our mina resident bow Is going to be North 3 Ma OOURbIEr If you Can explain for rte 1 7 Taxes and the Taxas Wovaa's University ewldeou. But M 4 know whim i went to AFC, one or these just wenl up. 1 4 mere also Is do ovallabllity to Interns and eatdents S don't know if It was at the suite time or not, but Itwat I working Qrers in 04 columbla medical tenter, u we0. 6 very Interesting, the whole philosophy behind It. So 6 Ma, woeLts z=i wcl41 usume slut any 7 you don't let to pick your roommates, N's just rented 7 roue people wbo wonted ao come In and wonted to rent one 6 or how does that work? 1 of your fecilitice, you dm't qualify arm by w1ie3er 9 MR OEMsm No, too, no. It's'6%liar to a 9 60Y amCpmployed or a student? 10 dorm atmosphere but it's really - leg orheampus and 10 M ourrNm NN not at alL I1 It's spa,tnent}style, It has some tlmdluhdcl to that II MIL LNO£LID"XIT: could you live me an 12 but you come in and wet do do some roommate matching; 11 lndicatlon of more specifically the number, by number of 13 1 C. we have three people that come In and they want to I S untts; bow many one bedrooms., bow many two bodroome, how 14 like In a four•beciroo n and they want to be matched up U many duce and how many four 1 Mun, elosa IS with a roommate and we We another single pertan, we Is >m ownesa, i think I had 16 Coe bedrooms 16 will match up. And, generally, a tot of our residents 16 and I mink it WAS 54 two bedrooms., and then i think 1 17 corns In In groups of four to Sign up for a fourbodroom 17 bad 41 Arne bedrooms; and then I had around 100 iI or two for a two-bedroom or three for a three•bedroom. 11 four-bedroom, two-ba4; and mar we also offer four 19 MS.OOURDIEr okay. So even though y'1111 19 bed"ans, four-bam; and 1 can't «member what mat 20 did the traffic impact study, 900 cars is not going 20 number Is 46 four•bedroam, four•bam. And mat's the 21 create any kind of problem, Wn'that all our other 21 current alit. That's not ad In stone but ft's going to 22 traffic impact studies have said the average trip for a 22 be swaNds wary, very $tmilu to met 21 person is ten trips per day. That's 9.000 trips or 13 era exoELIMnm Ircw, mete are mtx-stony 24 something like that, I mean't': just something 24 units? 2S ridiculous when you think of s udents, they're always 13 and owrNrn, Three-story ualu. It's kind Page 70 Page 71 t even more than that. So I'm just kind of wondering If l of had to describe, It's thrie•siory units. Most of 2 that WAS taken Into Consideration. I our bulldiogs at twatve•udht buildings. We do have 3 MR.6ENfNER: Th:m1 was all fn the traffic • 3 soma that are a little bit larger but most of them are 4 and I don't know the de!ails. "cy Horn, Main, Is 4 twtlve•udht buildings. We have a large Centrally S here and could probably get into depth on that and also S located clubhouse when the leasing activity takes place 6 Wayne Reed In respect to Ile traffic study mad the 6 and then also we have amenities is there, such as a 7 findings were found that 7 computer lab that's act up for the students and then we 1 MS. OOURDtE: 1 just wanted to make sure I have a gameroom and then eat exercise facility there. 9 bccsuse the numbers were different than what we were 9 Teets we, 11 have it pool era and then we'll also have 10 calculating. Thank you. to sand volleyball and we bane basketball courts, as well. I I MR. I-NOELBRECHTr Other questions? Yes, W, 1 I MR WOELOMCHT, I note from y,'wr backup 12 Moreno, a material that you tlsdlcated you had a number of theca 13 MR MOPSNO You didn't happen to bring may 12 around the eauntry. Can you give ate soma Indication of 14 pictures of some of the other sites that you've 14 how old Is the oldest eomplex tilt you have? What sort 13 developed, hive you, did you? IS of Itge would we be talking about? is MR.OENTNEit: I have like pictures of 16 MR omcmERr we started developing thew to 17 buildings and the amenities and propurties, that type of 17 194. 11 stuff, If you'd like to review. Actual site plans? I I MR. ENGEUMCHTi Okay. So we don': have a 19 MS.OOURDIE: We've got this little thing 19 great deal of history with these9 r 20 they gave us. 20 Mx omnm The off-CAMPUS student bousing A. 1I MR MOrREto. rdy apologies. 1 haven't done 11 Nocept was butaliy derived In the Iota 80) by a r f 22 my homework. 22 company out of the southeast very stmilar to this 21 MR. oENTNgiL. if you teed any additional, 23 product that w else developing today. There's about a 24 we'd be happy to provide O K46 for you. Another side- 24 ten-year history Sad it bra proven to be Just Immensely 13 note, also I.7 that We epplomched the new Coiumbla 23 popular. PLANNINO ANP ZOTIINO ME13'I'INO MARCH 1001999 „r 34. i u h Condenselt`' Page 73 Page ?S I t MR INaELtAEC T, well, I'll letI you thin I tittle bit I Wier frequency of burglaries in 2 beaux we have an area In the City called the Wiley 2 multi-family tmhts that at., along the freeway them. is 3 Addition, which for ten actually about 20 years was 3 there anything to paaiculu that you're going to look 4 very popular and very good and now we have a real 4 to aeewlty-wise for your particular units that will S problem, to 1 have a real concern about a abort lifeapan S help curb this and help our p6lcs department out? 6 for 1 think as a City we coed to be very conxrned 6 MX omrMlu Tits will be a gated community 7 with it product like thin (n terra or the tong run. What 7 where residents will have cards that access the gates to s ea0 we expect In 20 years or 25 years when we have q s open the gales to get onto the property. As far as 9 complex that old and we have units that have four 9 security goes, we also offer courtesy officers which are 10 bedrooms and four baths to ecur bedrooms and two baths? to orrshte people that are 00 the property, that patrol the I I Tbat's not the tYptcal fs-,shy market and as the student l I property, handle our own Internal problems like noise 12 disappears for what. ver reason, what are we, as a City, 13 complaints, that type of stuff, and are there on-call 24 13 to expect to happen to that product? 13 hours a day. And they can reference -call the police, 14 MR UENTNER: I think you have to look back 14 if needed. IS and base it on what started Denton. The university was is Also In the units, they're monitored alarms. 16 probably one of the Pint dings to be developed along 16 -elly there's an audible alarm that comp with the 17 with Texas Woman's, So I man It's a strong, stable 17 apartment. Really with the gated and the Courtesy I s source of mgldcnte and, l mean, you're going to 1 s officers and the alarms In the units 1 tnean, it's a 19 continue to grow the university As you've aodoed, 19 college propety, there's going to be some problems. We 20 they're building lots of new buihdinga, Just completing 20 all know that Rodents are a bit rambunctious but, a I them on car..pus. They're otviously, they'$ : going to 21 again, that's what "'cc In the business for. We've 11 the student population is always going to be It part 22 been doing It ate years and we like to fNnk we rally 13 of Denton. It snakes Denton what Denton is. 23 know students and how to manage them successfully. 24 W. ENOEl80.ECHTt lilt student populadon 24 MA W09Lr1RECHn O(hw quesdow? Yea, Ms. 13 v'11 always be there but whether or not they desire to 2S Apple. NO ?4 Pat I have this sort of living arrangement is what I'm I Ms. IPrLr,, rust, I guess, a positive 2 queationiag. From a City's perspective, what can we 2 comment. 1 thought It was a pretty exciting eroapt and 3 expect that 10 gravitate 10 in the event that the 2 1 can ace how, as technology takes over, how the 4 student market gravitates away? And I'm LSSUming that 4 computer labs could be probably putty beneficial to the S you-all don't really have a good sense of that yet given S propertles. Do your other properties have the ,carne type d the Short history of these. They look gnat but we've 6 of configuration, the computer labs? 7 got to look at 25 years, as vml) as five. 7 MR OW NE1l: Yeah, they do. In addition to s MR. OENTNER: There's a ten-year history and s the computer tab that we set, yap down In the clubhouse, 9 to be honest, It's a bit speculative. I mean, It's 9 depeadinq on the project sIm you know they'll be 10 obviously going to be some type of residential use and 10 larger a smaller, obviously, but, You know, thaws 1 I it could be converted Into normal. Is it the nomal, 11 anywhere from five to ten computers that are act up with 12 typical thing that families usually rent now In 12 Internet access, a color printer there and fat mach Ine 13 conventional multi-family? No, but maybe that's what 13 and copier for them to Use. And In addition to that, In 14 eicy'lt transition Into in 20 years, r laybe family size 14 the units we also wine all of Ottt student propWla 13 will increase and larger numbers will want larger is with specific wiring so they can have modem Vnes, and 16 floorplans. is it depends on different markets, hlgh.nwd Intemet 17 14L RISHEU Question. 17 emu within the unit in each bedroom. 16 MA FN CLBRECHT: Yea, Mr. WSW. 1 s Ms, A1PLL so they would even be able to 19 MR. RISHEU one of the difficulties we've 19 actually network with the University's system. i r A 20 seen with particularly residential and multi-family 20 MR. GEMNElu They'll have their own phone 21 developments along the freeway and particularly what 21 line and they u have a computer line capability, 22 Seems 10 be close to the mall, Is there also tends to be 21 an) %-sy, in the unit. 23 kind of an easy-on, easy-off crime mentality because of 21 Ms Apno okay. Thanks. 24 the proximity of being able to get back on the freeway 24 MIL ENOELaAECHT, Have you talked to our 2s and move out of town rather rapidly, So we've had a 2S Englneering Department about this whole idea of PLANNM0 AND. N1JN0 WM7NU MARCH 10, 1999 I 35. t t^,oodenwltm'' Paje 77 ' Page 79 1 teverstag a ramp reversal that they've been talking I money. My question Is do you have a problem w "t w 3 about? 7 putting a condition In hero dot In the event that that I 3 MR.OEKttaF]u Yet. 3 is returned to a sinslafamily tnsdidonal parking unit 1 4 MR. ENOEURECHTp okay, 1 woad" If this Is 4 that they have to conform to the City standards? S approved if we might ask you-all to put your S Thereby, we have a Mechanism tl"* that toning that's 6 considerable raw= behind the discussion at the 6 In PI ice that allows w to to out there and say, hey, 7 Department of Transportation level to age what we an do 7 you can't have 900 ^ an arts that terse that's 1 to speed this proem along. 6 nog-pervious whea.you don't need 14 you know? And 1 9 It, In fact, you have 900 vehicles Coming 9 need tq *a It wiped ouL 10 and going out of that facility, they're roing to hive to 10 MR on ctmiu 1 understand your eoncem, but I I either cross In all likelihood, given vtia muket that I I I think that would be a problem that you would address 12 you're talking about, they're going to have to crou I2 at the time that they are Into whatever they were going 13 through Colorado 13oukvard at Loop 116, which It already 13 to redevelop on thaL I messy I think It would be 14 a pretty bad Intersectlon or the sews road at Loop 118 14 unfair to place that kind of mtrictioo on the project I S Which Is also a pretty difficult Intersection 13 In Its current state because It's s bit Speculative on 16 traffic-wise and I think everybody that we can get 16 actually what would be redeveloped there. And It It was 17 behind that ramp reversal, the better position we're In. a ever clanged to use th m obviously, Somebody would tome 11 And It seems to me It serves you well to reverse here I1 and so back through your City process with the changes 19 ramps. l9 and recommendations. 20 MR. oEN m;ta- we'd be happy to Support that. 20 MA Ert0ELBREC K&` Oh, no. They wouldn't 21 I mean, Txbm is a big slant and it's hard to make them 21 have to. The zoning is in plke. All they have to do 22 move. 22 is convert and that's my concern Is that anal I'm not 23 Ma ENOELSRECHtS Exactly. From Some of the 23 talldng - this may be IS yeas but we have to Ilya with 24 ntncs I saw In your backup material, It would appear to 24 that, you know, oa down the road. Yes, Ms. Cianur. 2S me that we might have some wistanoe theca. In regard 23 MS. OA1rtERr I have 300 units, l bave 490 Page 78 page 8( I to this Issue of parking spaces, In long temt, the Ufa I parking places, t could use Woe that many sod I don't 2 of this product, i can't tell you bow conoemed I am 1 2 have a student property. Does that kind of answer your 3 have, for IS yews, every time I taro wound 1 bear j question? I'm serious. 7Lere Is not an spartaunt 4 about and I have to deal with directly, one way or 4 complex in this town that does not bave a parking S another, through the school where my children went, a S problem 6 number of reasons, I bays to work with what we know as 6 MR. ENOECBRECHT, wail, then that would 7 the 0 Ailey Addition that I mentioned before, which was 7 suggest that we don't have good parking standards. / student housing in Its day and a wonderful thing and it 3 MS.OAIMERr that;t.right. I remember wlca 9 worked for awhile and then It didn't work snymoro. And 9 1 brouAt that up In the Cyst Place. I don't think 10 1 have some Concems about all of that for this down the to that that would be a problem because you still are going I I line. One of those [mmedistely being 900 parking i t to have two cc three adults In an apartment. And I have 12 space. 13 sev"a! spartmeots that have one adult that have two or 0 In the event this Is converted at some fats . I S mince can They Will pave a plekvp and a eir, Sad 1 14 date because Students live 10m6wbete else or do 14 don't think &t's going to be a problem down the line. I S something else or we have distance learning and they IS MR.OENML, And most Cities AM Somewhat 16 don't need to come to Denton anymore, and we want to is Sometimes dumbfounded when we Come In and xe preen 17 Convert and you want to convert this or the owner, 17 our program and we show how many puking Spaces. I I whoever It Is, wants to convert 1% then we have a I6 MR. WOELSREC1t1'9 It makes a great deal , 19 facility that has a tremendous amount of puking spew 19 MR. OENRrERr with the student development r' A 20 that are not needed. 20 it's obviously needed f t 21 Mx aF nwm- Actually, it makes it more 2l M& omuou m has No other property, 22 flexible because, l meat, the parking lot It e&opy torn 22 'floe Arbon, over there and you remember wben they mate 13 up. 21 in and oeeded to add t&d.taal puking way above what 24 Ma ENOUAREOM it is gully torn up but 24 we requbed. 23 not necesssrily deetrous to do that because that Costs if MR. V021.11RECN7r Oh, absolutely, I think PLANNING ANDZ.ONING WZMNQ MARCH 10,1999 .r 36. L CondeObolt`" ~ , • I•age 81 Page 83 ' I it's vary important All right You had mentioned t liked just to know what was going on. Mberefore, it's 2 or actually first off, In some discussion with staff 2 going to be my Job In communicate to them exactly whit 3 behind the smu and 1 can't,few ber Whether they told S kind of project 7rl Is planning here and I will do that, 4 me You or soother Petitioner has traditionally talked to 4 endeavor to do that between now and CounclJ, 1 Wil I esy S the local mass transit and tries to work In a man S "1 hove been involved In a multi family comm,mity in 6 syston• 6 Dallas for over tat yon and if 1 had a choice of who 7 M0. OMNER+ t<there's a weU-establislted 7 I'd want to develop my muld-far.-My, It would he In 4. ' like the university bus system, we atw'aya enter g They do s teri is job. 9 rtrg0tlatlon with them to try to get them to "00 our 9 =.t7usi a couple of other quick 'tbmments. It's 10 properties, of course. And then also city transit, we 10 our objective to do limited-use retell for the balance I I usually try, If we can get them to service the site, we I t of thte ante. Threre's 12 and a half arras remalning. 12 do. To be honest, our students usually don't utill= 12 What we'll do to probably the type of mWi I I the city system. 13 hopefully soma hotel that is Corot Wnt with providing 14 M0. WOELBRECHTr lire routs is too long. 1 14 amenliles and services both to the Pam's Crossing and IS %;nderstand. 15 ItI multl•famlly, as well as the bosPIW community, 16 Me, nE nmk Exactly right. It's n.,' I6 both the offlee end tie bospiW itself, and typical 17 feasible for the City service to service ow site. 17 other freeway type of things such as restaurants, to l i MIL ENGELBRECH7r Right. Any other I I those who aren't already at the mall and we've spoken to 19 questions? May, thank you. It some and there is still a number of other Candidates. 20 Mx CLymEW ?bank you. 20 Hopefully we were belpful With the hospital I1 MP. EtIGELeREom Did you have anyone else, 11 In providing for the right-of-way dedication for 21 petidooo a that wanted to opeuk7 22 Southern Hills. We was Involved with that in the 13 MP. OE nm K. I thine W. Silverman 23 course of our ocquisWon of the property. we are 14 representing Pace's Crossing Is going to sky up. 24 eontinning to have converations u late M this 1S MIL ENOEUP ~ okay, Is he speaking as a 25 afternoon with the City trensporution`tdL We also Page 82 Pat I petitioner? I want to ask those who on gohrg to epeak I have on-gotng coamsations with the hospiW In terms 2 In Am V you don't have anyone else, 2 of providing for potentially additional right-of-ways to 3 ML OEMWEIL Okay. No, he's just a 3 that we can accelerate lire process of widening the 4 cone-mo J p;, ty, 4 service roads on the I goes it's the V,04boutd or S Mx. VOEtBREcrrn well, come ahead. Olve us S Is It the weatbound side of $57 It's one of those 6 your name and address for the record. 6 strata that confuses me all the time. 1 have another 7 AP. SILYEKMAN; NI. Donald Silverman, 8115 7 project that kind of goes northwest, and depending upon I Preston Road in Dallas. I am the property owner, the I who you're talking to, on dw.south side or the east 9 current property owner of the petitioner's pros arty. 9 side. I never know. 10 I'm also a principal partner of Pace's Crossing 10 So we we very much Interested In Southern I I Apartments, First Denton Limited. I apologize for the I I Hills being completed as 1000 as possible over to 12 letter In opposition. That's due to a lack of 12 Brinker, which as 1 asked staff today the big question 12 eommunlcatlon with'my partners In Chicago. 1 acquired I S Is will It be Southern Hills or Brinker wben'it's done. 14 this property for my own this 31 sera from the 14 And then Iast but tot teitst, hopefully doing 15 hosphW for my own account and actually gave my 1 S whatever we can In krml of gettlag right-of-way and 16 partners at Pam's Crossing a number of opportunities to 16 pushing the County Commissioners to allocate funds so 17 be the developer here. And they sod, of course, in 17 that the off ramp reVeMIS ears happen sooner than 11 the Conversation I had a aamher of moothl ago, they I I later. I've got another project out In Roanoke In South r 19 basically passed on the opportunity. I just assumed at 19 Denton County and It turns out that I gut" t're new r ' 20 that point that that was sufficient for pu,poses of them 20 County COMMIssimer, W. Carer, Is the Commissioner (j;- 21 not being opposed to the project 21 that oversees both of those for -300L So I'm going to 22 1 learned thls afternoon drat that wasn't 22 go pay him a vlsit std see If we cat It push the effort 23 the ease and that they had some questlono relative to 23 And one Ito question 1 had and I vim It 24 what was going on. Apparently the nodoe didn't provide 24 1^ 1 don't manage Pace's Cr0laing. I'm sort of the 25 the kind of kaclgaoI : information that they would have 23 Investor, quiet partner- I Aw ys thotrgltt that there 1'LANNiNO ANDLZONIN0 M IMHO MARCH 10,1999 37. t I i wlt"` Condon Page B7 Page 85 1 was a tram wvico from the twiveruty to the aparment, i in for people to.rcak to Cuppoft Mr, Vinson, you 2 complex. Has that not happened In a few years? 2 spoke as a petitioner. Mr. Oentrer, you spoke as a r 0 Ms. OAWURS thero was a while ego. 7 petitioner. "Donald Silvampn. 4 ML aILVEmm: there was, but It's not / In that ease, is there anyone who would like s there anymore, Okay. Well, It's a good idea anyway. S to speak la rapport of this particular petition? Anyone 6 Ms. ommizL what they said Is they haven't 6 to speak ill favor or the petition? In that case, Is 7 had enough treed from the students asking for It. If 7 there anyone to speak In opposition to the pedtlon? It, g more students would ask for 14 they probably would. I Anyone to speak In opposition to th o petition? Seeing 9 m sEvumm; Any other questions for mc? it no oppgtdoo, we'll wolve ther0buttal. The public to Ma. ENOELBRECKn lure was a letter, the 10 Leafing fs closed I& Reed, any final staff remarks at I I one that you submitted, was that the one that Indicted I t comments? 12 them was some concern about the landscaping betwem you i2 M0. Rum Yes. I'd like to make a comment 13 and the facility? 11 about concerned about long-term use of this property. 14 ML SILVERMAN: rhl address that with my 14 1 believe we could male a comparison to this property or 1 s partners. Basically what happetrd Is 1 talked to is this new type or mutti•famity housing with historic 16 Chicago this afternoon and I sold, what's going on? And 16 structures. With hldodc preservsUon we refer to It 17 they sold that they had really didn't have throe they i7 as adaptive use and be It a wamhoulm a ourthouew, or I s got around to responding to It. I think it wu buried I6 it retail building of the I000s, In today's economy those to on somebody's desk for a week or two and somebody sew It 19 original uses ao larger seem to work economically and we 20 at 2:00 o'clock this afternoon and Said, hey, we need to 20 find an adoptive use for it. 2 t get a letter out and they just merle one up and rapped it 21 I'm not a social scientist so I'm not going 22 off, didn't tell anybody. I'm not sure the property 22 to "Miele on how this one will develop. But I'm also 21 manager ev:c told my partners but, needless to ray, ht's 22 a graduate of Texas A&M and not too Iwo ago elther, I 24 here and It has to be addressed and I'll do that. 24 lived to my last apartment Complex them, Toe Plantation 25 Well, their concerns were relative to they 21, Osks, which was located closer to the mall, as this Page 86 Page eg I didn't Imow what was doing. They wanted to see If they I property Is, than It wee to the univeratty. It sou 2 could extort some trees along the property line and 3 heavily used by students and predomloantiy student 2 things or that - 3 population' 4 m RISSEL sounds IN us. 4 And as a "teal multi-family housing S MIL StLVtAMAN: Yeah, thtey're taking S project, It actually, having been built In the 1970x, 6 lessons. 6 had been ratroritted 10 soeomm0date student housing. It 2 Ms. OANZER! It looks lilvl there's a good 7 had a computer room, which it originally did not have, g tree'::ne between the propertia already there, Isn't g and it do had other amenities which they added to s there? 9 attract the student populatlon because established In 10 Ma stm.0mm. there's a few tray there. 10 1876, Texas AM Is Still around and as we all know, a 11 I know that in has gone out end tagged ail the trey l I very powerful football teen And so 1 wooled to address 12 that we're Soto$ to try end give out there, lhere's I2 we core be concerned about what We how this property 13 some telly nice ones and, hopefutly, we'll provide the is is going to develop or be maintained over the years, but 14 opportunity to move soete of the smaller onea to oiler 14 1 think ill uses adapt well the malket sod society's 15 locations In town. 1S changes. 16 MR. ENOELB1lECKfr that's part of the reason 16 And lastly, concerns about transportation 17 1 was asking that. I wu going to say you already have 17 here, regardless of 276 conventional mutd-faintly unto 19 a tree line and just by else fact that you have to live I I or 90o bedw.^ms, dais project will produce for less 19 some of them, Isn't that gotog to solve 19 traffic than a a remetcial business which would not be ! t 20 ML SIVEAMAN: Actually, the funny put is 20 before you tortght for development but would be before f A, r 21 there's lots or pieces where three's trees on there, 2I the Development Review Committee for platting purposes 11 along the property line Isn't one of therm, rho AL 22 and would be on a Conant Agenda for plat approval. 21 ML ENOELBRECII7: All fight, 10 rhea 1'a And as Mr, Don Sitvermau pointed out 24 anyone else from the petitioner's group ltd would core 24 earlier, Ow lemalntng era out of, i believe he sold 2S to speak? (s that-@? Okay. 1 had some cards turned ?1 31•scre parat, will be developed for hotel, office, PLANN3NO ANN ZONrNO MEUMO MARCH 10.1999 38. t Condeoselt" Page 89 ' F d 91 ' 1 mixed uses. Tease 13 acres will geot recto more traffic 1 M0. ERGetm s m ell ask for one In a 2 In all likelihood than this student housing project 2 moment. I'm still I just want to ask Mr. Reed about 3 would and I would like the Cornmisaton to consider that 3 this Issue. I frankly think that this is one we have to 4 and reflect on It when you're debating this tenoning 4 tread carefully, Not that this doesn't appear to be S request Staff does recommend approval. f very E'>od now, but I've thought this through for the 6 MR ENOELDRECHTt You recognize Mr, Reed 6 long term. And I'm concerned that we have no don't 7 that now if someone from Ur corona In, I've got to give 7 appear to have any mechmism to place to consider its ; 1 them equal time. Are there questions for Mr. Reed? I 1 ennstdon when 160 er ISO or whatever of these units, 9 have some, Mr, Reed. ' Oiven your comments to the 9 four-b4wn which u not very'typteal and doemy to retrofit and reuse of propertiea, l r. III ask you this io appear to me will retrofit real well. i l evening and put a charge to you, sir, to put your 11 M0. REED: I think la our economy which is 12 considerable planning expertise from a fine school to 12 market-drl• en, we've am and as our economy or, our 13 use In the Owlsley Addition, sir, where we had student I1 nation as become more urbanised, we have Man new land 14 housing that is no longer student housing and needs 14 uses within each decade. As the Federal Hlghway Act was 15 direction. And given your comment, I am sure you can 1I implemented and highways were developed, we saw new land 16 come up with a plan that will help this City out greatly 16 uses pop up all over, And just north of No property, 17 In that area. 17 we're aware of the Golden Triangle Mall. P4onsi malls I I MR REED: And we're also aware even is wem not it typical land use until the 197Os to which, 19 single-family neighborhoods have a life expectancy. 19 across the nation, we stared seeing malls appear. And 20 MK ENOELDRECHT; 3 think one of the issues 20 what were they replacing? Our main stmts. They're 21 for me Is in this particular can, we don't know what 21 still around today and as long as the market is them 22 the life expectancy Is for this kind of a facility. I 22 for diem, I think them Is a vtable use for It. 13 man, these the backup material that they show •-1 23 MR ENORAKFCHTr Any otter questions? Ms• 14 mean, their facilities am great And It would appear 14 onamr. 13 that their management structure is great and this gams 25 Ms. GAlm t don't bays any question of Page 90 FOR I to work, But we don't haves, long history. We've got I Mr. Real 1 have a whole bunch of conimeoy I want to 2 ten years or 12 or 13, at bat. And at some pout if It I make, 3 doesn't work for that, how do we retrofit that, how do 3 MA MEteREM oo also,; You have the 4 they do It? And more impc 'andy Is how do we as a City 4 floor. S have some control over that? And if you might speak to S M& oAN7211 Tbmka, Wayne. Let me addresa 6 that Issue, What an %v do? What tools do we will 6 what you wete uWq about fins as far as 0w1aley 7 we have available today In the event that that was to be 7 Park. A tot of the properties ever at Owlsley Park am 1 tramitlaad to something else? 1 small individual owner properties, lure am a lot of 9 Mx. REED: tf it is a permitted use undo 9 owners over there who are trying to renovate their 10 Multi-Family 1, we would have no other tools to require Io properties now and do a lot of improvements to them, gd I1 them to do any additional Improvements than they will i I the rents up. That's one of the things that's going to I2 initially when they develop this property, Also, It can 12 help. Owlsley Park is there There's not a whole lot 13 tanstdoo from a student-orlented or aNdmt•odcoted 12 that can be done about IL' It's just &paRment oer 14 or Intern/resident, hospltr.1 intenihestdent•orkated 14 epartradnt after apartment after apartment I remember IS project to a ty'ptest Mu! RM ly housing property I I when they were brand new and s lot of drm were nice 16 through the simple conveyance or ulo property. And at t6 prop"es. at that time, But, I Ike I std, thry're 17 the City staff level end building Inspections, there 11 matey email Individual owner properties and they're I I would be to discernible diftereoa. If, of amuse, a 11 lower rents, r 19 new management company comes In mad wsnts to retrofit, 19 The students Eve - some students want to ' A r 20 of course, that would go through building Inspatiom 20 still live over there because they am so close to the 21 for those types of improvements. But we would rave no 21 tchool and they an walk to school, Most of the 22 tools beyond what we have originally hem tonight to 22 students who are going to be at my property or at Pan's 23 establish. 23 Crossing or at Jefferm Commons, ate people who doo 24 M0. R13HEU Mr, Chairman, an you looking 24 want to live elm to the sebooh. They want to have a is for a motion? 23 nice apartment but they don't want to be that close to PLAWMO AND.ZONINO MEE77NO MA1tCH 10, 1999 ,Y r 39. Comdemselt' Page 93 Pala 95 I the school. They don't case about that tnl y mky go to I not going to wa• . to come to ttds property beaux It Is 2 school in Denton, they may wore In Lewiwille, so this 2 a student•0riethud property so this community should v 3 Is going to be a very Convenient 10441104 for them, 1 3 not, in any Way. Put r Itraln Oa our school district. 4 don't think this is going to be a problem as for u down 4 Mds comm,mtty is golo6 to be paying tines 5 the road like Owlaley Park Is. 1 5 and not taking i Aegis 01106 away from our school 6 I'm very familiar with lerrmon Properties 6 district, So with tuft, I'p chose end MI say 1 think 7 reputation having boon In the business for, 18 Years now, 7 this Is just brat. 1, 8 They 1've seen a lot of properties that 2P1 ha; . I lu. ENeEuPECM, Mr. Powell, 9 around the metroplex. 21 has tonw of the prettiest 9 dt0. Pbwet,tr one comment C,.st has ban 10 best metntatned communities In our entire metroplex. 16 mentone3 here, but I'd Me to inentioe It spin. I'd I 1 They have an excellent reputation. I've am properties 119ke to respectfully disagree with the tint speaker 12 in Los Colinas that were older pn perch that ns took a when he mid it will have no effect on the school 13 over, renovated, made them took rrsnd new, end they were 13 district It will, sir, It will have a positive effect 14 20, 25 year old properties, 14 on our school district beaux It will provide a lot 13 When I saw about this. I've been saying for I3 more tut base end, hope fully, no more students in our 16 a couple of years that we do need s few mote apartments 16 school district. Thank you, Mr, Chairman, 17 In town. I got excited about this property. My 17 Ms. APPLE.: I'd like to make a motion. I I property does not cola to the students but we do need a move to recommend approval of Z•99.009 finding that It 19 some properties that do cater to the students because a 19 is consistent with the 1988 Denton Development Plan, 20 hot of W larger properties are trying 10 get away from 20 that it is consistent with the 1998 Denton Plan 21 catering to the students so, therefore, the students 1I Policies. It is an Intended land use within this 23 offiodmix use area as Identified and defined by the 12 uen 1 having that many place to go. 23 We don't tun them away but we don't rally 13 adapted Growth Manseenk4t Plan end Strategies. Further, 24 cater to them because we're at rin6 more to families 24 It provides for a diversification and compatible 25 and profenionals. I think that theta is a great need 23 amosement of land Uses. It protects exl1tn6land Page 94 Page 96 I for this here In Denton with the students. As a matter 1 values and It will provide safe and adequeta traffic 2 of fact the Student Legal AM!.- y at the University of I circtdatom. 3 North Texas was In my office just a couple of weeks ago 3 MA OAN71k. Wood. 4 saying that we needed this exact thing. And thin oil of 4 MR. MHEU lkcond. 5 a sudden in two weeks, I bear about this and he's going 3 Nit WOEMECM, we have a the for the 6 to be to excited whet he huts about this. I have a 6 second. Did you etch that? Okay, Goa We have a 7 all In to him to tell him about It, 7 motion and second to approve. Any discussion on the 8 Our occupancy in Denton is In the mid to 8 motion? 9 high 90s now and It Is a pretty tight market. We have a 9 Ms. APPLE, 1 Just want to reiterate that 1 10 lot of other new properties coming on that aren't going 10 thank this Is an exciting concept and 1 think it will be 11 to woessarily be catering to the students but they're I1 very suo0essfol. 12 stiu quite a ways down the rood 00 most of them we 13 MR, ENGELBRECHTh Other 00MMents4 I 13 are already predatitng for next fall. Wa'11 be full by 13 im RIIHI':1t I'd like to say thet.l 14 June as far as our leases. When Use last•Woute 14 sppmclsta also the fact that we'M not going to be 15 students come lo in July and August, Wit not goin$ is Impacting schools other than whet appears to be in a 16 to have any place to 6o except rsybe over at Owbtey 16 positive vny. I appreeiate the fact diet they have 17 Park because they're all wanting to come to miter, newer 17 considered the additional burden on our polls I I properties. I I protection with better security than we typically have 19 Let me And my notes. I made so many of to in Borne of theme arras, that they're going to work with r 20 them. Yom•sll know that when we talk about aputmeots, 10 T%= and our Commissioners to try to Improve our access r A, , 21 that's where I get wordy. 1 do think the puking is 21 and I dank dial wr. u Commissioner; are going to end 12 going to be good. I like seeing that, Andes Jonathan 32 up wishing You a very woasafVI; Mjeat, 23 said, even though this is going to be atat4 to the 1$ ML WOEMECM' Yes, Mr. Moreno, 24 Itudents, they can't disc oste a6airut famlUes, 24 Mx MORM* lust a short comment, Mr, 25 ft's against the lsw. But families sue more than likely 25 Chairman. I understand your feelings about the Owlsley PLANNING AND ZONING IvIEB 17T10 MARCO 10, 1999 ~ , 40. - " Coadeauftt" • Page 97 - Page 99 I Park Addition but, again at the mina time, Santa Fe I town, The vicinity map hue shows a much closer view of a t Square chose to bulld right there In that area, w maybe 1 the prat". The property does have frontage along 3 them's bops for that telghborbood Just yet 3 Loop 288 which the applicant has proposed to place a 1 4 MA ENOELBRECIITt I think there's some so-t 4 general retail acting dia'Act on 3.68 acres. The S of hope. I just want to say I will be votirg In favor 3 remainder, approximately 32.99 acres, would be placed on 6 or the motion, but not without some eornoma I think 6 Lhe remaining portion which has frontage along Audn 7 this Is a great management outfit. There's nothing In 7 Lane and Mayhili Road, And ETD, being shown right here I their record that suggests that they're anythlog but an a on the out side of MayhI11 Road. 9 excellent firm. And certstnly, Lids will provide, It 9 .Uii property at present is undevoloped. It 10 this Is all student housing, It's going to be a It 10 does have dilapidated so icultunl butldinp on It and I I I will help the school district from a tax base 11 believe It's used for some grazing, but not heavy cattle 12 perape UM But I have G,'s =1160menl company my 12 grazing. The property to the south Is developed for I S not be in existerie tomorrow, for all 1 know. I have I S stngle-famlly at present. There are a handful of homes 14 ronmrns that we didn't condition this in tens of the 14 on large acres. To the north aide between the property, 15 number or units for the future. This is Just bur-l. 11 subject property and Audra tone, there Is another 16 Secondly, I havs concerns that this recllity 16 undeveloped piece of lm& Across the street Len is 17 will have 276 units and 900 puking spaces and if It 17 I don't know what you rater 0 It as but I believe I1 were converted In the fugue, even at two per tmlt would I8 it's pert of the Dist) and It's for 19 be 550, which is stilt 350 abfve &L 1 just think it 19 MA Mown: Denton Development Center. 20 would be In our best Interest as a City to look at 20 MIL REED Denton Development Center for the 11 conditioning it in a way to ally us to require them to 31 DISD,thsmk you, Existing toning in the area and 23 be removed if Ary weren't needed. But so be it. 33 outside of what I just pointed out, everything along the 23 All In favor of the motion pleat raise your 33 loop up to the bridge v&ch crosses over McKinney Street 24 right hand, Motion carries unanimously. 24 or University- excuse era Is undeveloped, as well. 23 aim RrSHEU I'm also happy that they 2s However, the area has been rem-A from Agricultural to Page 98 Page 1 provided those 48 units with the four bedrooms with the I Nowlkesldentlal Lira. On the east aide of Ioop 288 and 2 four bathrooms for the female population of our 3 north of the subject property, there Is already a 1 comet'Inity. 3 General Retail zoning district on the south side of 4 MA ENOELDRECHTt Yes, we've been asked for 4 Audn Lane and on the north side or Audra lane. On the S a break. We're going to take ten minutes. s west side of Loop 288, south of Audn tam, there Is a 6 (Bleak taken.) 6 Commercial 20ing disWct and an Office zoning district 7 Mfg ENQELBRECHT; Okay, ladies and 7 though these properties are undrveloM at present And a 41Mderten, We're back In session. At this time, we a also there are Pas I won't Even guess exactly whet 9 will continue with our public hearings. Item Number 7 9 the uses are and I apologize for not having researched 10 on the a nda which Is to hold a public hearing and 10 them. I do bciteve that they're primarily residential I1 consider making a recommendation to the City Council 11 but there are some non-reaidentist uses In them. 12 conxming the rezoning 36.61 acres from Single-Family 12 - The existing property 1s zoned Brao and 1 13. 1010 a General Reta.l Zoning District on 3.68 acres and Ii would Eke to empbasixe 1t Was rezoned to that In 14 a Single-Family 7 Zoning District on 32.99 acres, The 14 1971 when II was all owned by Mr. Holland, who IS a Is property is located on the east side of Loop 288, the Is property owner to the south hen. The applicant 16 south side of Audra We, and the west ride of Maybill Id requests this to develop It primarily for the 17 Road, The proposal Is to develop a retail node fronting 17 restdential po- lon. His request for General Retail Wei 18 Loop 288 and a single-family subdivision on the 16 based upon the fact of putting some buffer between the 19 remainder of the property. Mr. Reed. 19 residmtial area and the loop. ,t 20 MR. VEM The Planning Department is going 20 So 1 would like to examine the request as ( t J 21 10 provide the staff report, Sir, 21 two different parts, the general retail portion fit 22 MA. ENOELBRECHT; The public: hearing is 22 That request Is inconsistent with our 1988 Denton 21 open, 31 Development Plan as It Is In it low-Intensity area and 24 MR. REM. Thank you, Chairman Eftselbrecht. 24 these are existing non-ruldentlal districts within one 27 The property hero Is located In the tut portion of 3s half nine and the total screw of those districts fu PLANNING AND ZONING M13ETTNO MARCH 10. 1999 _•r 42. ~~aaa~aar r I~ h ATTACHMENT 3 NOTICE OF vub'Llc, HcARING Z-99.009 The Planning and Zoning Commission of the City of Donlon will hold a public hearing on Wednesday. March 10, 1999, to consider rezoning 18.0 acres located on the south side of Colorado Boulevard, appproximately (ive hundred" fifty (650) feet west of Souther, Hills Boulevard and on the north aide , of I.35 E, Immedlalely seat of the Pam's Crossing apartment complex, from a conditioned Commercial (C(c)) zoning district to a MuIU-family 1 (MF-1) zoning' district ((see map on backside). the property is legally described as a portion of Tract 4 out of the D. Lamberi'Survey (Abstrec't 784) and a portion of Traci ' out of the J. White Survey (Abstract 1433) In the City of Denton, Denton County, Texas. The purpose of the zoning change is to construct a multi-famly complex. The public hearing will start at 6:30 p.m. In the City Council Chambers of City Hall located at 216 E. Mclgnney Street, Oenton, Taxes, Because you own property within two hundreJ {200) feet of the subject property, the Planning end Zoning Commission would like to hear how Wu feel about this zoning change request and !n a uke s y>,u to attend the publlc heaing• Pioase, in order for your opinion to be f aken Info account, return this form with your comments prior 1o the date of the publlc hearing, (7hls !n no wy pro hlblts you from attending and pailclpabng In the publlc hawing,) You may fax It to the number located at the bottom, mail It to the address below, or drop It off in-person; Planning and Development Department 221 N. Elm ST Denton, Texas 76201 Attn: Wayne Rood, Planner I The zoning process includes two public hearings designed to provide opportunities for citizen involvement and comment. Prior to the publio hearings, landowners within two hundred (200) feet of the subject property are no0fled of the zoning request by way of this notice. The first public hearing is held before the Planning and Zoning Commisslon• The Commission Is Informed of the percent of r<sponses In support and in opposition. Second, the zoning peUtlon Is forwarded to the City Council for final action providing the Commission recommends approval. Should the Commission recommend I denial, the pebtloner may then appeal tho request to the City Council, If owners of more than twenty (20) percent of the land area within two hundred (200) foot of the site submit written opposlUon, then six out of seven votes of the City Council are required to ar,prove the zoning change, these forms are used to calculate the percentage of landowneroppositlon. Pleasa circle on a: In favor ofreques of ~eltVeouec s t r uesJ Comments: ; ff~ 9/ cf~ ~F%~' 1171J~•uLi Signature, WRIT nn E Printed Name; U ~ Mailing Address; .2 (,(AR 41999 City, State Zip , Telephone Number; 9 c/ D del Physical Address of Property within 200 feel; d4" CI TY OP' DENTON, TEXAS CITY HALL WEST a DENTON, TEXAS 78201 940.349,8360 • (F) 040449.7707 LOO-00 trpar Noucu. e0c 42, - WP-10-1933 lr.f4a GP.CUP QE IIt.ESTIEWS 312 Sae 23M p,0.: N017CE of PUBLIC NEARING j lire PtennGlpp and ZadnO ec"W tlon of tale CIV of 0`49M hdd a pu~o t»er1~ on WawyNeY rsh 10. tBPe, b voretder 1114 sent located on to Wuth Mde el Odoeado EVAN, ~^1eteh'~ h>rMnd aneea) to•t wtu of 8ouih.m Mnt tle~/ewal ana en int Werth rte. idy cart of lM Pea's Cr+seekl0 epofYercd eofrlpteo6 from s eandl0oned co (Wei aNt~r heonbb tyt i • 1dJlp~lernly 1 11dF t) sonUp dlpRot (Cva met en ptd"t the rad 3 tut Of ft d, oWWN efuen Of Traci a oul of the D. Lan6.terry (Abetraat idl) and a pmtkofi Off rpm of the t: OO aurae to toy Wivaad a ew any " of wnk lkntan t~0unty. 7o3ale TM Pub& heartry vdl e1vt at 6,30 p.m, h 1% Clb CaMop Chembaa of qty Nell resod at 216 B. Y titreet, ,D MON Teet►. eefuwe u OW PAP" Mrlhtn Ave hundw (t0oj reef of lu r~kq* d plopft, ~ t ordb " ord roe, to c~ r emmiiaon Wow No to Mar how Y~ (vaf.abW We rye reQvn end Mrvfay Y" fo d or Pubfo hoar>hp, Pkete, fn order feT n hlo to oo unt, ntu m Vdo ie wkh y~r'oomm4njA pAa to te date et eplnton to yP, ol IN a ni2andlnp and paRMpathp M IAP ^6ft ft"&p.) Yeu my to M» rml ft to the eddmo below, w drop h off fn ponon: 'tenntn taN taewtopment Dtparb " "I N. ra OT DtwditTom 7dlOi aefNenf~~ Aft WWm ftetd, ploaner 1 : tnrofwfrtn~ pr"*" frdudet mo ubVC heednpo dwt,ned % prortee "00440"s for shl"m a rmwt prior to Mrepliflp uele hoe a, lendowrt I wkhin two Iw Wfed Oft) last f '*U d b2acr p+t+vorb aft fralf40 of Iha ttet rt4Ue W9 of thyno:)p. The AM punt iwrtr~e ere btfon fhe lhtrvr6l~ snd Zefiry pa Meloti cr"Nse n h Memud of IM pefaM al eeon sup an 8M in oppodoon, asoom, t A :Oltir~ Aa1 kfi le farvlded to 11fe db cotmil &r d2 the CndaolOfdenW, reoonYTUnde rappfrrvtl ehOrAd ttr. Cealnfeweet nasretreM,~ rreay then tppeat tM 1"Umal 10 the dy Oeunr2 H tr,wren fad rfleff► iNhnb PO) Mrowr of 11W WW afa wOrfn two hUO&W (200 bet offfM the 140 wow Op than ehf 01 O f~ a or tfK dry Cvunef as nqu(ed Is Smcma Me :*AV ehanp. r T1aaN fbnna f►ieNrpoms v as elr.nferrneroypaoflton these eltdo ate: to favor of roqu"t Hem) lo rtquvel O"eted b ry4 remmenll: $ee atttcbed 1 first Deoton, LTD ~tdNeft+e ! ticaerd Nolkeff, Mane e {Jtamf+~AdenMr Fired Denton t.T~_ erA arA„n fly. Yye...- PZIV,$pq Lp: •77 best trasbinttoa, Suite 1003 WCASe, 60jAAR ~ 0 0 / TotepNAe Number, _ 0121 3 . Pry MIAddraseofProperfyw*A200f#et: P.Ne Crosai Aar PbNINING b OEVElAP~1EMT 7411 Eest Y-3~ Sou~b Dentst Rx 76205 crryO~DBNtDlV, T4Xrld GrYeNtLWelr . OeNrOrL1'trxlf iotot . ate.two~lsee • t}teeo~4v.iro>' r' taeen+a.rwu`. «e f A, ♦•I„f.'1'.rr, ~r/MM1*rlJ.wr►wj r.. r,,,~IrM w. , I 43. K L' is tiR-10-19951 15~ ~9 G14" C1 1E IIPASTMUS 312 34 23M P.03 GRO''10ONE 1XVffifsa"MNTS, LL9. n W. NWJnnon, wne 1000 - n O JCRA Mmak W" (situ srs sas rnx tale)ae ssrs March 10,1999 Mr. Wayne Reed Maaning and Development Departulcnt City of Denton, Texas City Mall West Denton, Taus 7620, I ft Rezoning of l8 acres faunedlatefy east of Paces Crossht g Aptntrnanta Dear Mr. Reed, 1 ant wliting this letter to mate out company's opposidon to the request to re m@ I b :area located immediately out of Paces Crossing Apmtmeots !tom a eoeditionsd Cota.uefelsl zoning district to it Multi-fmdly (MF.1) zoniq dtstrkt Below 1 have listed our eommenis in regards to the opposition: > Not advised if this development is intended to be. student housing > No provisions made for a tine line buffer between our properties > Density not to exceed 216 units in total on the IS acre site but applicant his not advised as to the unit mix, Your consideration to our eoncems aryl comments is requested. We are most iaterasted in seeing this site developed for the benefit ofthis aces and all its existing owners. Sincerely, First Deatoa, Ltd. BsmeyPuIiim ~JON Assistant Asset Manger f1'I pL1~'Vi41Nf3 3 DEY44. `r I ATTACHMENT 4 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A .`HANGS FROM CONDITIONED COMMERCIAL (C[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO MULTI-FAMILY I (MF•1) ZONING DISTRICT CLASSIFICATION AND „ USE DESIGNATION FOR 18.003 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF COLORADO BOULEVARD, APPROXIMATELY FIVE IMNDRED AND FIFTY (550) FEET WEST OF SOJMRN HILLS BOULEVARD AND THE. NORTH S)DE OF THE 1-35 E FRONTAGE ROAD, IMMEDIATELY EAST OF THE PACE'S CROSSING APARTMENT COMPLEX; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. (2.99.009) WHEREAS, James Truitt, on behalf of Howai d Patterson, has Applied for a change in zoning for 18.0 acres of land from conditioned Commercial (C(e]) zoning district classitkation and use designation to MuM-family 1(MF• 1) zoning district classification and use designation; and WHEREAS, on March 10, 1999, the Planning and 7onittg 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 19" Denic a Development Plan, the 1998 Denton Plan Policies, and the 0" Growth Management Strategies and Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section I. That the zoning district classific~don and use designation of the 18.0 acre property described in the legal description attached hereto and incorporated herein as Exhibit A Is changed from conditioned Commercial (C(c)) zoning district classification and use designation to Multi• family 1(MF-I) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. Swoon It. That the City's official zoning map Is amended to show the change in zoning district classification. SectionII1• That any person violating any provision of this ordinance sball, upon conviction, be fined a sum not exceeding 52,000.00. Each day that a provision of thla ordinance Is violated shall consticrte a separate And distinct offense. Section IV. That this ordinance shall beco,ae effective fourteen (14) days from the date of its passage, and the City Secretary Is hereby diret:ed to cause the caption otthis ordioance to be published twice in the Denton Rmird-Chronicle, a daily newspaper published in the City of Denton, A Texas, within ten (10) days of the date of its passage, / 45. K t r~ PASSED AND APPROVED this the day of .1998. JACK M ;LLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORIIBY r G r,/fir; o W~ K rr i ER8IBIT,A Z-99-009 18.003 Acres 'J. Mile Survey;A9etract No. 1433 D. lomberl, Sur"A Abstract No. 764 City of Panion, Denton, County, Texas BEINO a trod of land located in thud While Survey, Abstract No. 1433 and the 0. Lombert Survey, Abstroct•No, 784, City or Denton, Denton County, Taxes and being a portion of that cerloln'tract of land described in the 'dead to Eplc Development, Inc,-, as recorded in Volume 3245, Page 699 of the Oas6 Records or Denton Cwnly, Texas (DROCn and more parlteufairy described by-Mates and bounds as 'follows, (bearings based on the northeasl right-ol-way line of Interstate Highway No. 35-E per Texas Department of TranticWtotion right-or-wok mops} BEGINNING at a 1/2-Intl} Iron rod found for the most sonNerly comer of Lot 1, Block I, Paces Croni' on addition to the City of Denton. ?aaos' occordin to the plot recorded In Cobinet E. Page 372 of the A1-at Records of Denton County, Texas, from which d 1 2-inch Iron rod found bears North 75"64' West, 0.5.,1`401; THENCE Clam y' the well boundory line of sold Epic Davelopmenl; Inc, tract with the east boundary line of sold Paces Crossing, as follows: North 4917'25' East, 481.59 rest to a'I/2-Inch Iron pipe found for a corner in the common line of said While survey and said Lambert survey, North 0210'40' [act, along said common One. 908,79 feel to a 1/2-inch iron rod found In the southwest right-of-way Ilne of Colorado Boulavard (on 80-foot wide right-cf-woy); THENCE olong the sold southwest right-of-way 114 of Cotorodo Boulevard, as follows; Southeosterly, 161.06 feel along a currw to, tho left ha,gnp a radius of 64MOO fast, a'*onlrol angle of 14'25'09", and o chord bearing -or south 55;47'19 Cost, 160.84 feet to a 1/2-Inch Iron rod found at the and of cold Curve; , South 62189'54"East, 157.33 feet to a 1/2-Inch Iron rod found at the bdglnnkip of o curve to the right Southeasterly, 551.27 feet along sold curve to the rlght having a ridius of 580.00 feet, 'a central angle of 56100', and o chord bepAig of South 34'47'46' East. 529.28 feet to 0 1/2-?nth Iran rod found of the end of told curve; South 06'35'43' East, 100.00 feet to a 1/2-IncA Iron rod found of the beginning of o curve to the left; Southeasterly, 486.12 feet otong sold CuFvii loy.lhe left'havinp a radius of 1440.00 feet. a fee to an 40 St/8~lLuh 'KHAt cappedc rod sr[ Iron fair South rna898'69' Cost. 483,81 THENCE South 7714t'14' West, do *riling aoid sduthwest right-of-we line of Colorado Boulevard, 1 a distance of 634,93 feel We 5/8-Mch 'KHA' capped iron rod set for a comer, THENCE South 49'13'2T West, a dtstancs'of 253.12 feet to a 1/24ch Iron rod found for a corner in the southwest boundary line.0f Bold Epk Development,` inc. trod and the northeast right-of-way e of Interstate Highway No. 35-E, G tru om whkh a 1/2-Inch Von fad found bears South 8318' West, 1..0 (eet; THENCE along sold southwest boundary line with the-sad northeast right-of-way 11ne of interstate H;ghwoy No. 35-E, as follows: • North 5847'31' Well, 09.25 feet ta'o 1/2-Inch Iron"rod Iowa at the beginning of 40 ' curve to the right, from which a 1/2-lnChA Iror1 rod found bears South 10 k, )Yut,,21 bN, r, Northeasterly, 139.76 feet ctong iold curve to the right ho4o -a radius of 0,300.20 fast, a Centro? angle of 00'42'20', and a chord bearing of North 4648'24' Weal. 130,76' r feet to a point for the and of sold Our". Irr Of6h a 1/2-inch Iron red found.beci South 35'57' East, 0.6 feel and a 1/2-inch Yon rod found bears South 81'25' West, 1.8 feet; 'North 4741'40"Wist, 136.20 feat to the POINr;oF BCgNMNO and containing 18.003 oaei of lend, more,or less, 47. l: ATTACttMENT S City of Denton City Council Minutes HApri120,1999 Page 8 E 16. The Council held a public hearing and considered rezoning 18,00 acres from a conditioned Commercial (C[c]) zoning district to a Multi-Family 1 (ME-1) zoning district. The subject property was legally described as an 18.0 acre portion of Tract 4 out of the D. Lambert Survey (A'i.,tracl 784) and a portion of Tract 3 out of the ).White Survey (Abstract 1433) and was located otr the south side of Colorado Blvd., approximately $50 feet west of Southern Hills Blvd. and also fronted I.35E, immediately east of the Pace's Crossing apartment complex, The proposal was to construct a multi-family complex. The Planning and Zoning Commission recommended approval 7-0. (Z-99-009) Mark Donaldson, Assistant Director of Planning and Development, stated that the request was to rezone the property from conditioned commercial to MF-1. Six property owners were notified at the time of the Plamiing and Zoning Commission public hearing with a letter of opposition received from the Paces' Crossing group. This evening a letter had been received from the Paces' Crossing group in favor of the proposal with three conditions. Those conditions included planting trees as a visual screen along the mutual property line, provide an eight foot wooden fence and construct a maximum of 311 units on the site. The conditions were acceptable to the applicant, A supctmajority vote by the Council would be required if the three conditions were not included. Council Member Kristoferson expressed a concern regarding traffic in the area. The Mayor opened the public hearing. Jonathan Vinson, representing the applicant, stated that staff was recommending approval. The project conformed with the density plan and the development plan. This project would be 15 units per acre, The Planning and Zoning Commission unanimously recommended the project There was no opposition up to this point and the proposed conditions were supported by the applicant. There would be no impact on the DTSD as this would be student housing for North Texas and TWU. The traffic generated by the proposed development would be less than what (lie property was currently zoned. He felt this was the highest and best use of the property, Adam Jentnet stated that the project would have one person per bedroom. There would be the same parking a± one space per bedroom. Existing hovsing projects, on an average, had parking that was SO%occupied with 20% of the spaces open, A history of similar projects indicated that they had a high rate of occupancy that continued over the years. This project used m tittle as possible of the frontage on 135. Donald Silverman, current properly owner of the tract and partner with Pace's Crossing, slated that of the entire tract of properly, this piece was the least desirable piece for commercial development. He felt the highest and best use of this piece of property was multi-family A' housing. The balance of the property would be used for commercial development. The new ' (1~- r hospital in the area had also submitted a letter of support for the project as did he. The Mayor closed the public hearing DRAFT 48. 0 cCity of Denton City Council Minutes April20,1999 Page 9 ILA The following ordinance was considered: HAFT NO. 99-140 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM CONDITIONED COMMERCIAL (C[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A CONDITIONED MULTI- FAMILY I (MF-I[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 18.003 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF COLORADO BOULEVARD, APPROXIMATELY FIVE HUNDRED AND FIFTH (350) FEET WEST OF SOUTHERN HILLS BOULEVARD AND THE NORTH SIDE OF THE I-35 EAST FRONTAGE ROAD, IMMEDIATELY EAST OF THE PACE'S CROSSING APARTMENT COMPLEX; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Beasley motioned to deny the proposal. The previous case, that was similar to this one, was on a ploce of property that was difficult to develop and infll was needed. The other property was close to the University. This property was ideal commercial property along the Interstate with access to a new hospital and a main shopping area. She felt this property should not be used for multi-family housing. She did not want to see a prime price of commercial property used for multi-family housing, Durrance seconded the motion to deny. Ile questioned this type of student housing and how it would be used. Mayor Miller stated that he would be voting against the motion. The proposal was in compliance with the 1988 Development Plan. There was little frontage suitable on this site for commercial development. He felt there w as a need to have proper housing in the City in order to accommodate the students and not have them live elsewhere, Council Mcmbcr Kristoferson felt that this situation would be a mess, traffic would be a mess and that this was a prime piece of commercial property. On roll vote for denial, Beasley "aye", Burroughs "nay", Cochran "nay", Durrance "ayc", Kristoferson "aye", Young "nay", and Mayor Miller "nay". Motion failed with a 3.4 vote. i Young motioned, Burroughs seconded to adopt the ordinance with the approval of the three preciously noted conditions. On roll vote, Beasley "nay", Burroughs "aye", Cochran "aye", Durrance "nay", Kristoferson "nay", Young "aye", and Mayor Miller "aye", Motion catried with a A 4.3 vote. , f'- v { ~M F T 49. { r AGENDA INFORMATION SHEET /WA" No *$I q- 050 xialbm ? Cab - AGENDA DATE: August 3, 1999 DEPARTMENT: Planning Department ACM: David Hill, 349.8350 SUBJECT - Memorandum of Agreement with City of Corinth Consider approval of a Resolution authorizing the Mayor to sign 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. BACKGROUND Exchange of Land. The proposed Agreement lays out the parameters for an exchange of land between the cities of Denton and Corinth along the existing shared boundary south of Robinson Road, within the Oakmont golf course area, School District. All of the areas involved are currently within the Denton Independent School District boundary and will remain so. Single Family Subdivision. The areas involved are currently under common ownership and are intended to be platted into comparable single-family residential subdivisions. The proposed exchange of land will consolidate to the extent possible neighborhoods within single cities and will assist in more easily determining street addressing and street maintenance issues. Tract I will be linked to other single-family residential neighborhoods within Denton. Tracts 2 and 3 will be linked to other land ` already within Corinth boundaries. h UHllty Layout. The utility systems of the proposed subdivisions have been laid out to respect the topography of the land and the existing utility delivery systems of Denton and Corinth. The proposed land swap will simplify the delivery of utilities to the greatest extent possible. Emergency Services. The existing city boundaries require dual provision of services within single neighborhoods in the Oakmont area. The proposed city boundary changes will clarify and simplify the provision of emergency services by creating single service providers within neighborhoods to the greatest extent possible. Tract I can be served from the west or north by Denton service providers. Tracts 2 and 3 can be served only from the east through Corinth. OPTION Not exchanging land. Keeping the boundary between Denton and Corinth in its current configuration will make more difficult the provision of emergency services and utilities and create a confusing delineation with regard to street addresses and the provision of street maintenance and emergency services. 1. ) v c+ • All of Subdivision to Denton. It could be argued that all of the subdivision north of Tract I should 4 be in Denton because the Oakmont golf course provides a natural boundary between the two cities. However, such a configuration would require one existing residence to change from Corinth to Denton. In addition, equity of land area and value between Denton end Corinth would also become an issue. RECObIMENDATION Staff recommends approval, finding that: • The proposed exchange of land simplifies street addressing and maintenance issues within the subdivision; s The proposed exchange of land allows the most efficient provision of utility services; • The proposed exchange of land allows the most effective provision of emergency services; and • The proposed exchange of land provides substantial equal fiscal impacts for the two cities. PRIOR ACTION / REVIEW (Council. Boards. Commissions The Planning and Zoning Commission will issue recommendations as the exchange of land moves through the annexation and zoning process. FISCAL INFORMATION The proposed exchange of land as nearly as possible equates the fiscal Impacts to Denton and Corinth so that there is substantial equity, ATTACHMENTS I . Draft Resolution, with attached Memorandum of Agreement 2. Location Map, 3. Site Map, Res tfully submitted: t r 1 ~ U ~YL{.t~ Mark Donaldson Assistant Director, Plann; g and Development 1 2. lasnrarmaastraYalalri o ATTACHMENT I ~ I RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON AUTHORIZING THE MAYOR TO ENTER MO A MEMORANDUM OF AUREEMENT WITH THE CITY OF CORINTH TO MUTUALLY DISANNEX AND THEN PROCEED TO ANNEX CERTAIN PROPERTY ALONG THE JOINT DENTON AND CORINTH CITY BOUNDARY. WH EREAS, pursuant to Section 43.021 of the Texas Local Government Code, home rule cities are authorized to fix their boundaries and exchange areas with other municipalities; and WHEREAS, the developers of Oakmont Estates, Phase IV, would like to adjust the boundary between the City of Denton and the City of Corinth In order to prevent the splitting of lots within their development between the two cities; and WHEREAS, City of Denton also believes the adjustment of the boundary will improve the delivery of services to the citizens of the area; and WHEB.EAS, the change In boundaries must be facilitated by the release of certain property by both the City of Corinth and the City of Denton and they, annexing the property released by the other city; and WHEREAS, the City of Denton and City of Corinth will formalize the actions needed to be taken through a Memoraurdum of Agreement; and WHEREAS, the change of boundary will promo'e orderly development in the area and protect the general health, safety, and welfare of persons residing in and adjacent to the municipalities; NOW THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES; SECTION I. That the recitals as stated above are hereby found end determbsed to be true and correct. SECTION I L That the Mayor Is hereby authorized to sign a Memorandum of Agreement with the City of Corinth substantially in the form as set out in Exhibit A, setting out the scis to be performed in ordty to accommodate the change in boundaries between the two cities. SECTION 11[. That this resolution shall become effective Imm diateiy upon its passage and approval. PASSED AND APPROVED this the day of 1999. tJACK MILLER, MAYOR ` 3, u ATTET: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERB PROUTY, CITY ATTORNEY BY: I 1 r I 4. t li EXHIBIT A t, STATE OF TEXAS § COUNTY OF DENTON ¢ MEMORANDUM OF AGREEMENT This Memorandum of Agreement ("Agreement') is entered into SA of the -ftbday of _ y 1999, between the City of Denton, Texas ("Denton'), a Texas home rule municipality and the City of Corinth, Texas ("Corinth"}, a city organized under the general laws of the State of Texas, and Is to witness the following: WHEREAS, Denton and Corinth are adjaca;nt municipalities which desire to make mutually agreeable changes in their boundaries of areas bat are less than 1,000 feet In ,Aidth ; and WHEREAS, it appears that the existing city limits lines between Denton and Corinth split a subdivision of Denton County known as Oakmont 1V; and WHEREAS, it is the desire of Denton and Corinth to dismex and annex the tracts described herein to establish ajoint city limits line between the two cities that will enhance the development of Oakmont IV subdivision in each city and be as shown by the maps attached hereto as exhibits; and WHEREAS, the owner of Oakmont IV has expressed its intent to the gr eming bodies of both cities that such needed adjustment would be beneficial to the development of the subdivision and generally to the economic well) eing of both chits; and WHEREAS, both Denton and Corinth deem such agreement to be beneficial to the public interest and to enhancro the future growth and development of both cities; Now, Therefore, In consideration of tha premises and of the agreements contained herein, Denton and Corinth agree as follows: ' I. DISANNEXATION AND RELEASE OF EXTRATERRITORIAL JURISDICTION JU Corinth agrees that it will disannex and waive extraterritorial jurisdiction over the 17.172 acre tract of land described in Exhibit "A", attached hereto and made part hereof J for all purposes, In the manner provided by Chapter 43 of the Texas Local Government ' - A Coda l ! ' LQ2 Denton agrees that it will disannex and walve extraterritorial Jurisdiction over tracts of 10.603 acres and 5.709 acres respectively, described In Exhibits "B" and "C", attached Page I S , 19959 (1 U i 1 hereto and made part hereof for all purposes, in the manner provided by Chapter 43 of the Texas Locel Oovemrnent Code. in Upon tba dis annexation and waiver of extraterritorial jurisdiction by the cities as , provided in Sections 1.01 and 1.02 above, the boundaries of Denton and Corinth shall be adjusted accordingly, subject to the annexation actions by each contemplated in Section if. lI. ANNEXATIONS Denton agrees that it will proceed In the manner authorized by law to annex the property described in Exhibit "A". Cod nth agrees that it will proceed In the manner provided by law to annex the property described in Exhibits "Wand "C" attached hereto. III. ZQNM AND PLATS Both cities recognize that all property that Is subject to this Agreement may carry temporary zoning classifications under the applicable ordinance and be subject to the platting requirements of the city which wili annex such property. The parties understand that the Oakmont subdivision is bmically the same In both cities and the appropriate zoning and platting requirements should not change the current status of the development. IV. CHARACTER OF AGREEMENT: BREACH The parties agree that this Agreement is entered Into only for the disannexation ' and annexetion of the tracts described herein and is not an intertocal cooperation agreement for the joint performance of any services by the parties. Failure of either City to perform the terms of this Agreement shall constitute it breach hereof, and the aggrieved City may file suit in a court of competent of jurisdiction to enforce the provisions of ails Agreement, Including recovery of court costs and attorney's fees. t`eA# c. ' t Page 2 r>t~ss 1 C V. PERFORMAN.U . The parties agree that the legislative acts to be performed hereunder will be coordinated between them so as to be performed simultaneously or as close thereto as possible, consistent with applicable law. VI. SEVERABILITY If any provision of this Agreement Is held to be illegal, invalid or unenforceable, the legality, validity or enforceability of the remaining provisions of this Agreement shall not be affected and shall remain in full force and effect. In witness whereof, Denton and Corinth, acting under the authority of their respective governing bodies, have caused this Agreement to W- executed In duplicate originals as of the date first written above. CITY OF DENTON, TEXAS CITY OF CORINTH, TEXAS ` BY: BY, MAYOR MAYOR ATTEST: ATTEST: CITY SECRETARY CITY SECRETARY APPROVED AS TO FORM: ROVED A _TQO CITY ATTORNEY CITYATTORNEY (ridl4.23.99) f ~10 Pate f 1971! 0 I I I V • 1I EXHIBIT A LEGAL DESCRIPTION TRACT] 17.110 ACRES t SEWO a tract of land situaled In the Berry Merchant Survey, Abstract Number BOO, Denton I County, Texas and being a portion of that tract of IsM formariy described by dead to Timbers en as recorded in County Clerks Filing Number 03•R0079930 and bing more particularly described by melee and bounds as follows: COMMENCING at the most northerly northwest coma of uid Timberyien Company tract sold point briny In the south rightofwoy line of Robinson Road (an 8(V Rlghl-0f way); TH ENCE S 03'15'36-W. 1431.81 feet to the POINT OF BEOINNINO. THENCE S 96'3579"E, 155.87 feet; THENCE N 59'31'S 1 "E, 79.49 feet to the bogfnning of a Curve to the right; THENCE with uid curve to the right, through a central anyk of 08448'430, having a radius of f • 270.00 feet, the long chord of which beam S 18'04'26"E, 41.48 feel, an am distance of 41.33 feet; ' THENCE N 83'23'28"E, 183.73 feet; THENCE S 07'58'31"W, 46.39 feet; THENCE S 06'36'32"E, 735.13 feet; THENCE S S2'S5'03"W, 280.98 feet; TH ENCE S 07' 14'S 5"W, 394.58 feel; 1 THENCE S 0349'09"B, $83.41 feet to a palm In the City Limit line between the City of Denton and the City of Cortnth; THENCE N 854440'W, 36$.72 feet along sold City UW line; r THENCE N 03'06'13"E, 18!3.13 Net along mid City Limit Ero to the POINT OF BEOINNINO and containing 705,290 sqw re feet or 17.11 10 acres of land more of leek y . J. C&B Job No. 981727014 S Nxxx February 11, 1999 )W2M 172 714WRVMC0\(W LOUT Pip I ON t ~ , r; EXHIBIT A LEGAL DESCRIPTION TNACT 1 0.067 ACRES n BEING a tract or land situated la the A.N. Serren Survey, Abstract Nromber 3198, Pmrton County, Texas and being a porttoa of chit tract of lend formerly described by deed to Tlmberglen as recorded In County Clarks Piling Number 05•R0079950 and bing mots particularly described by moles and bounds as follows: COMMENCINO at the most norlhmly northwest comer of said Timbeglen Company tract acid point being in the south right-of-way line of Robinson Red (in MY Rlght-ofWay); THENCE S 05'33'36"W, 1451.81 feet; THENCE S 03'06'13"W, 1883.13 fat; THENCE S 85'44'40'8, 365.72 feet; THENCE S 03'49'04'8, 3,56 feet to the POINT OF BEOINNINO $aid polnl WrIS on Ote City Limit line between the City of Denton and the City of Corinth; THENCE S 024 I'SO'W, 380.23 feel departing uld City Limit line; THENCE S 82' 17.59' W, 107 feet returning to said City Limit line; -I'HENCB N 04148142'E, 383.08 feet along said d City Limit line to the POINT OF BEOINNINO sad eontalning 2,681 square feet or 0,062 acres of land more or less. I l r P A , V I I C&8lob No. 981117014 , Soxxx February It, 1999 IN0a19 8 1 12 71 41SUMWP1f.E01GM.OUT Page I of i . I l.; I v F b yy~ ys NSYr~I~~S, C A 56655'79"C ~~`~f a~~iSl~C ISS. ar' ° id~1y~I•w L++I. SS' L. C. AS 9' L.C. K11'01'21'C I11.+1' xl rr 11 n 17JI~ACRES .r PLAN N lv MO. LA w ON ow"m h: yy yy gn yy~M1ye. W o' ~ he a 1 V y 79 A E' k°y °~.1~+eNc 1 a ~ i6.i m ~1wC'aMCWt.. IIGMC"' o.~`~c1i?s M? NOtI ► R.M. L.I. M fa1N'MI +1 se~el.ri>1e w ~ A EXHIBIT A ± % 0 700 600 900 IN 90NINII "r M }ASCII Or LAND E ORApHIC SCALE N FEET 1r1~1g10 A 00~ ACPM ►{{''~N~ICC'k(elI D d1 Ir. I N"sf t A p~"Sxe+ '°"~"k,IN~a ~aUly1`~"fY' +a+iNrt GI t~l D~ M11 :-46-99 SHI, NO. OaAWN SM W ° It INC DESIGNED 98172704 CillCoo Xk = 0 c ; c, ~I EXHiNT B LEGAL DESCRIPTION 10.603 ACRES BEING a but of land situated in theA.H, Sonm Survey, Absirsct Number 1198, Donlon I County, Tea as and being a portion *(that tract of land formerly described by deed to Timberglon u recorded In County Clerks Filing Number 9540079950 and bang more particularly descn'bed by meta and bounds to Pollows: COMMENCING at the moat southerly southeast tamer of uld Timberglm Company tract; THENCE N 86'28'51"W, 1799,70 fat; 1 HENCE N 01'30'20'W,171.24 feet THENCE N 03'331811, 643,98 feel to the POINT OF DEOINNING mid point being on the City Limit tine between the City of Denton and the City of Corinth; I THENCE N 80' 15'8"W, 342.01 feel depuitna said City Limit tine; n' THENCE N 11'06'46"W, 301,82 feel; THENCE N 09'58'23'W, 109.67 feet; THENCE N 11'04'33"E, 97.57 trot; THENCE N 44'32'43"E, 102.34 feet; THENCE N 14016101. 214.60 feel; THENCE N 11'50'30" 1, 21600 he(; THENCE S 114'54'01"B, 417.65 feet returning to mid City Limit Ilea; THENCE S 0442'43"W, 814.96 feet along uld City Limit line to the POINT OF BEGINNING and containing 461,187 square feet or 10.603 acres of land more ot lea. I~ 1 Ir t ' M Job No. 981727014 Soxxx February Ig, IM )MOBh98d72114SUR1MEtIM1OUT Page I of !2, r 1 Z bo r~ ~ I o op C''E 11ot 06 N NW N v4 m iN m td Nt240 1~ 6~o„F k! e 00 ~s6~Cp~"E a 3 N4 31 2 ''j N$ a co o~ LIT 33 ~W Nol1T3o24o"Tl N061359~~,E % m 061yroV Cite LHIts CQ4lty City LlMlts SOt 52'43"1Y e 4.9s VO O bN 'B ~m O Z ~ I~ 3~ ~ o ,y N . O j EXHIBIT B E AN EKNIBIT OF c+ 10.603 ACRES i' OF LAND SITUATED IN THE BERAY MERCHANT SURVEY, t ABSTRACT NUMBER $00, DENTON COUNTY, TEKAS , DATE 147-9 Wt. NO, D hN T cam u nt 1A F,, DESIGNED 101 No 9=7014 CHECKlD 04 22. U • EXHIBIT C 1 LEGAL DESCRIPTION b 5709 ACRES i BEING a tract of land situated in the A.H. Saran Survey, Abstract Number 1198, Denton County, Texas and being a portion of nhat tracl of land formerly described by dad to Timberglen as recorded In County Cterhs Filing Number MR0079950 and bins more particularly described by meta and bounds as follows: COMMENCINO at the most southerly southeast comer of said TimborSlen Company tract; THENCE N 86' 28'38' W,1799.10 feet; THENCE N 01'30'20"W,171.24 feet to the POINT OF BEGINNING said polnl being on the City Limit line between the City of Denton and the City of Corinth; THENCE N 85'42'20"W, 72412 feet along said City Limit Ure; THENCE N W'17'40'8, 226.31 feel daparling old City Limit Una; THENCE N 77'4941"8, 78.01 feet; THENCE N 634460"11t, 293.39 feet; THENCE S 83'31'04"P, 388.31 fM returning to said City Limit line; THENCE S 03-055-W,314.27 fM along ald City limit line to the POINT OF BEGINNING and containing 248,698 square feet or 3.709 acres of land more or less. i r 1 I r. I f1 f.A`~ t, C&D Job No. 981727014 SNMXX Mach 10, IM f;1fOB198172,141SUR1WP1LEO10003.OUTT Par I or l 33. `I f M 3 ~_M~ city Lrorrs C014fNrH crtL r s d t g r ~ c y m _ 2 d N~ NJ r J -4 yP1 p th O ~ o M rP 6 4 ~R u PI O b no d ;"T ~r Io C t $ Q trNrav city LVjrs Y 99 $ x T, 2 CCRINT14 city j S mm : h~ Al DAAYM TM "ka Y NG DISO D 11. CHECM A III ATTACHMENT 3 otmolwNl nw Ia OAKMONT ESTATES Ca K my { 0 y 4 IDGObWI•fTH CkfIT011 ~ ~s•Td~dLCS ~ ` ® ~DCl.FTOy b LOKNTH 1 Ibf ACalS i S• Btl' / I!d Las Tract 1 Corinth to Denton , r i 17,17 acres 1001 AMIN111 AC s: i a OAKMONT p • TR ~ u L i Tout J l Trac Denton to Corinth 10.60 acres Tract 3 _ Denton Io Corinth 5.71 acres Os' CaNhBue~w _ (11111>H I 16. a~ilR~ c, ATTACHMENT 2 LOCATION MAP Dentoa - Cotlnth Boudary AdjueUnent o •.t a; ~s. i. c, Aptwt~ AGENDA INFORNM[ONS11EET Apt* ill AGENDA DA'I'S: August 3, F999 DEPARTMENT: Engincering&TransporNtion Calf/DCNI/ACM: Rick Svehla, Deputy City Manager S I. IIJ F.C'T: CONSIDER AN ORDINANCE: APPROVING A READ. ESTATE CONTRACT BETWEEN THE ('ITV OF DENTON AND E'TTA JEAN IIENSLEV, RELATING TO THE PURCHASE OF 0.430 ACRES OFF IAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCEL 33G); AUTHORIZING THE EXPENDITURE OF FUNDS 'I'II F:REFORi AND PROVIDING AN EFFECTIVE DATE. ,I BACKGROUND: I Ms. Hensley has executed a Real Estate Contract for the required right-of-way for the U.,% llighway 77 Widening Project. The contract amount of $23,029.00 is based on the fair market value for the land and improvenitnts as determined by an Independent appraiser and reviewed by a separate appraiser for conformity and as required by the Texas Department of Transportation (T%DO'T). 'Ube Appraiser and Rcvicw Appraiser services were approved by the City Council In W, (Professional Services Contracts). OPTIONS Not Applicable REC'OM M EN DA'I ION: Staff recommends approval of the red estate contract between the City of Denton and Ms. Hensley for the purchase of 0.430 acres of tend for widening U.S.11wy. 71. PRIOR,ACTION/REVIEW (Council. Boards. Commissionsle The Planning & 'honing Commission recommended approval on July 23, IM, FISCAL NFORMTIONj 'I he purchase price is $23,029,00 plus closing costs of approximately S.W.00. i Attached 1 4 4{ Respectfully submitted: C&A Je lark, (rector ring Transportation 6~'o : En er Paul Williamson Right-of-Way Agent 4 10 1 k f I M NO SCALE a' a SITE 16 ~I w LOCATION MAP NIH ~ct r I 0 rH 1 ivat r r LEA I Sao PP ~W TF?s~~ ' Appr,~ r KIT AO R MARTIN por y ,ILL 1.559 AC.) 1 (C wx~ Bill, po. us 0.430 AC. \ of k v4• A r^-~ u JERRY RAY MARTIN g SA M C. x VOI.. A WAR 6 ►A11 = D R.D.0. . Wr AD L ! q,~~rA'A• A~~N ~ via 41 "a. ' '..0. Q . O SN A 4UALLS • • ` . 4176 A L904 ~Mar+we TM CM xeo~r~4 tIM rut. SUR`1 W, IO • Tom aAomm ow ar ON W a A 41440 FA 4s ORAtNICAt. SC&C r r.4ao+W ~a r' ir~cNO A p~ OF A SURVEY OF .430 AC. ale 7 Z S.FJ / ; BRACT OF E.ANDABs T,,~1F,,IppEr 6C R.R. B EY KWONTIS TEXAS 4 Planning and Zoning Minutes July 23, 1997 Page 2 Ms. Schertz: Are there any other nominations? If there an none, nominations are closed. We will vote on the aombu" in the order of their nomination. I will IW their name and then after I am through if you will raise your right hand if you are In favor. As may as are in favor of Jim Engelbrecht please raise your right hand. (Vote - 3) As many u are in favor of Ellen Schertz please raise your right hand. (Vote - 4) The new Chair person by majority Is Ellen 5chertz. Thank you. For the second nominee we will be electing Vice Malr person. The floor is open. Ms. Apple: I would lice to nominate Bob Powell. Ms. Scbertz: Are there any flutter D=tnadons? Mr. Moreno: I would nominate Jim F.ogelbrecht. Ms. Schertz: Are there any further nominations? Seeing none, nominations are closed. As many as am to favor of Bob Powell, pleasa rain your right hand. (Vote - 4) Seeing there is a majority, the new Vice-Chair person will be Bob Powell. Congratulations. M. Consider approval of the minutes of the July 9, 1997 meeting. Ms. Schertz: Are there any corrections? Seeing Done, the minutes will Stand approved as written. IV. Consider making recommendation to the City Council for the acquisition of the Right-of. Way for U.S. 377 from F.M. 2164 to I-35. Mr. Powell: That's not 377 but is 77. Ms. Schertz: You are correct. Let the minutes reflect that. Mr. Powell: I would move that we recommend to the City Council the acquisition of Right-of-Way for US 77 fmm FNI 2164 to I.35. Ms. Gamer: Second. Ms. Schertz: Is then any discussion? All In favor, please raise your night hand. Motion passes. (7-0) V. Consider making rerommea kdoo to the City Council for the acquisition of the RIght-of- Way for Lakeview Boulevard. , Mr. Powell: 1 move that we make recommendation to the City Council for the acquWdoa of the Right-of-Way for Lakeview Boulevard. I& Eagelbrecht: Second. s i t ORDINANCE NO. AN ORDINANCE APPROVING A REAL ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND ETTA JEAN HENSLEY, RELATING TO THE PURCHASE OF 0.430 ACRES OF LAND FOR THE EXPANSION OF U. S. HIGHWAY 77 (PARCEL 33G); AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SF.CCTI X-L That the City Manager is hereby authorized to execute a Real Estate Contract between the City and Etta Jean Hensley, in substantially the form of the Real Estate Contract which is attached to ar I made a part of this ordinance for all purposes, for the purchase of 0.430 acres of land for the expansion of U. S. Highway 77 (Parcel 330). SECTION 2: That the City Manager is authorized to make the expenditures ss set forth in the attached Real Estate Contract. SECTION 3: That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of Im. JACK MILLER, MAYOR ATTEST: / JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: H SR13ERT L. PROUTY, CITY ATTORNEY 1 ! BY: atC~.. t 6 I c j I J 1 j RMAL !STATE CONTRACT STATM OF TEXAS COUNTY OF DENTON i TllIB CONTRACT OF SALM is made by and between MTTA JUAN MMNSLMY (hereinafter referred to as 08eller•) and CITY Or DWATON, TMXAB, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as 8Pvrchaser•), upon the terms and conditions mot forth herein. i PURCIASR AND BALM Boller 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 Mxhibit ■A■ attached with all rights and appurtenances pertaining to the said property, including any right, title and i^terest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the sProperty), together with any improvements, fixtures, and r personal property situated an 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 to: any and/or improvements located within the property described in Rabibit Ohl. Any improvements not removed by September 30, 1999 shall become property of the City of Denton, Texas, PURCMASM PRII;M 1. boamt o! Pease pries. Tte purchase price for the Property shall bps the sun of $238029.00. 3. Payment of Ptxchame Price. The full amount of the Purchase Price iaall be payable in cash at the closing. PURcuan, a OSLIGATIONA A , 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. i l I I ( i M • I I* Preliminary Title Renert. Within twenty (20) days after the date hereof, Seller, at dollar's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a owners policy commitment (the @Commitment•) accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Bailer written notice on or before the expiration of ten (10) days after Purchaser receives the Commitment that the condition of title as set forth in the Commitment is or is not satisfactory. In the I event Purchaser states the condition of title is not satisfactory, Boller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for ►.11 purposed otherwise, this condition shall be deemed to be acceptable and any objection thereto shall be dvamed to have been waived for all purposes. 2. Bury ev. Purchaser may, at Purchaser's sole cost and expense, obtain a current survey of the Property, prepared by a duly licensed Texas land surveyor ecceptable 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 acres 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 tan (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 Boller is unable to de ■o within ten (10) days after receipt of written notice, Purchaser may terminate this Agreoment, and the Agreement shall thereupon be null and void for all purposes and the lserow Deposit shall be returned by the Title Company to Purchaser. A , Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the surrey. AEEOOBFE PACR 3 I 6 r 3. Seiier~• CCme1i nn., taller shall have performed, ob. served, and complied with all of the covenants, agreements, and conditions required by this Agree¢snt to be performed, observed, and complied with by teller prior to or as of the closing. REPRESENTATIONS AND AARRANTINS 01 Stun 3ellor hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by teller to Purchaser also as of the closing dates 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, trespasmars or other parties. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or assessment or suit, affecting title to the Property, or any part thereof, nor to the beat knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. Boller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. To the best of the seller's knowledge, there are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as some are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CIRCLA), as amended. CLOtiNB The closing shall be held at the office of Dentax Title Company on or before September 30,1999, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the Isclosing date'). AEE008FE PAGE 3 i 9 c; cLoarwo RSQVIAlO as 1. Sallaris Aenuirements. At the closing Boller shells A. Deliver to State of Texas, acting by and through the Texas Transportation Commission a duly executed and acknowledged Deed and Drainage lasement Documents !u the forms as attached hereto as Ubibit "a" conveying good and marketable title to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, except for the following$ 1. General real estate taxes for the year of closing and subsequent years not yet due and payables 9. Any exceptions approved by Purchaser pursuant to Purchaserl■ Obligations here- of] and 3. Any exceptions approved by Purchaser in writing. 8. Deliver to Purchaser a Texas Owner4s Policy of Title Insurance at Purchaser's sole expense, issued by Dentax Title Company, Denton, Texas, (the QTItls Company"), or such title company as So-ller 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 Aeeuiraments hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained in the usual form of Texas Ownerts Policy of Title Insurance, provided, howwert 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Purchasers 9. The exception as to restrictive cove- , nants shall be endorsed ■None of Recorder l i i AEEOOSFE PWAC 10 { i a 3. rho exception for taxes shall be " j limited to the year of closing and shall be endorsed ■Not Yet Due and Payable•r and 4. The exception as to lions encumbering the Property shall be endorsed "tone of 1 Records. C. Deliver to Purchaser possession of the Property on the day of closing. 9. Puree 's Aeguiruunt., Purchaser shall pay the consideration as referenced in the 'Purchase Prices section of this contract at Closing in iaediately available funds. 3. closing Coats. Seller shall pay all taxes assessed by any tax collection authority through the date of Closing. All other coats and expenses of closing in consummating the sole and purchase of the Property not specifically allocated herein shall be paid by Purchaser REAL ESTATE CONNIBSION All obligations of the Seller and Purchaser for payment of brokers' foes are contained in separate written agreements. BRucs By Sinn in the event Boller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement by written notice delivered to seller. RREACE BY PQRCEASZR In the event Purchaser should fail to consusmate the purchase of the Property, the condWons to Purchaser's obligations met forth in PQRcmAsnis oeLIO11Tr=S having been satisfied and Purchaser being in default Seller may either auforce specific r performance of this Agreement, or terminate this Agreement by f A, , written notice delivered to purchaser. AEE008FE PA09 S 11 c a KISCRU ANSOUS 1. Amsianment of Aare ent. This Agreement may be assigned by Furchamer without the express written consent of Seller. 2. Survival of Ceveasats. 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 shr.ll survive the closing and shall not be merged therein. 3. Notic'. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by Dnited 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 2lv, This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and 1 Inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by thin Agreement. 6. Leval Construction. In came 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 l been contained herein. 7. Prior Aareement■ Suparsadad. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties compacting the within subject matter. 8. Time of. essence. Time is of the essence in this Agreement. At , AEEOOBFE PAGN 6 12 I 9. gMdll• Words of any tender used in this Agreement shall be held and construed to include any other genderp and words in the singular number shall be bald to ;.nclud,, the plural, and vice vers• unless the context requires otherwise. 10. Dora„LM e! s"traat, Upon vaguest Of either party, both parties shall promptly execute a memoranda of this Agreement suitable for filing of record. 11. CMDUtmM. In accordance with the requirements of the Tax.: Real Eccate License Act, Purchaser is hereby advised that it should be furnished with os obtain a policy of title insurance or Purchaser should have the abstract covering the Property exasined by an attorney of Purchaser's own seleotlon. 12. Zing-Limit. In the event ■ fully executed copy of this Agreement has not been returned to Purchaser within ten (10) days altar Purchaser executes this Agraamant and delivers sans to W- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller, DATED this day of , 1999. SELLER PURC'A"21 TEE CITY OF DEMTOE, TEYAS r sYr Etta n Race *y Michael W. Jan City Manager 113 E. McKinney Denton, Texas 76201 4 A18008P8 PAM 7 13 i i p ~II 1 L STATE Of TW= I This instrui-mat is acknowledged Wore me, on this day of_ 1999 by Michael N. Jes, City Manager, of the City of Denton, a municipal corporation, known to as to be the person and officer whop name is subscribed to the foregoing iastruaent and acknowledged to m that the ew was the act of the said City of Denton, Texas, a sunieipal eozVoration, that he was duly authorized to perform the saga by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the maid City for purposes and consideration therein expressed, and in the capacity therein stated. Notary public in and for the State of Texas STATE OF COUNTY OP Th ` riastrumant is acknowledged before me, on this f day of 1999 by ltta dean Hanaiav. Noti&y Public in and for the Stare of Texaa 4 rrt. aEaooeve manes e j t~ c , r, CQflW •A• Pan:M 03 Pace f a j 9" Pro Pram ULM 41 t M To i),1„yp October, it Aaeunf _ LEtZ11L LANG OESCRIPTM FOR PARCEL ryQ BEING A 0.100 ACRE MACE. OF LAND SITUATED IN THE a: • t O. RA SURVEY, AUTRACTNO. IS4,1N 0VM" COUNTY, TOM, AND SEN APARMENOF A T ~ By t'mACRE TRACT OF LAND CQWrM TO JMW RAY MM-I, AND MML DENTON COUNTY. TEXAS (DROCT). BAID ~ VOLUME Alm I 3170. PAGE 018, OF THE M ByM O C= AND BOUNDS AS FOLLOWS: TiIACT B6Nfl MORE PMTICLIIAi1l Y DESCRI lCRtSED BY ME**: CCMMENCINfl kr loww oa at a 1/24wh bn rod bond at Mta eou Msl Soma of Mid Jury Amy Msrlkt tact, saran being In the waef Ins of Ow aerbin last eonvayad b bMly MM Osvig Wdaon and Jay" Davie Br.nnc,-- (JaokwrVBranh by h*wrwd d taoord In Yakevia f lilt, page t01 DROCT, - Ana of~70$10 IV ILe MtM Gomm Ins between Mid Deny Ray Martin tract end MEd Jadawv lrethaiO tom (TXOOT) for the POINfeW T t W&bdt bn 1041 Wlh m dumirmw dbk nmdtad Teem Deparftnent of Trampartaticn BEGI AK. Mw paW biq on the new mAhwatwty rW*-Wwry MW d U-& 140my 77; (l) THENCE N 81' II' 07' W. along Me new eagmadedy dgM d way &M of U.S. ftmy d 010.81 Net to a ed ti+tWmd bn rod WM an akw*mm dlak madad TXWT Im to ow 77, a . on me 11 MI I of record (n 19e lblur~ite 8lA'rtln tamat and a called 1814 Mn Net oonvsyad to RD. !<tertirt 1nmWmn~ 74, pats 144 DROCT; (2) THENCE N 03* 34'17@ a, Along MEd eanattort line, a & bum of 6144 Net to s 1Y2-inch Yon rod found for the nad ammar of Mid Jerry Ray Monk tad. mm bsbq kt the w6 ft aWws#mry dlhtbf• way one of U.'J. mom" 77; (3) ~ f w dons ft Umamd" IM of said Jday Rey MWn tad and the atdaftng n of 004 41 NM to a l/2 4teh Ynn rod band at the noon comer of meld is" Ray M" keet (4) THENCE S OY /0' W E, aiaq ft emotskr *a of aid Jwty May Mar* tract and said dgh aka be, a dimfamm of I42 Nat to a lg4wh bn red fow4 A eow► i LS G L 1f I i CGtlW W Paamelly 3 POP 2 a a. fl1 d. ULM Oelobsr, !Qt To AMP CSJ: alee.oz. ' Aeeeom: M THO CK SOW W IM oa *vUing dag the ftd O* of mM JWry My Mwdh &&A a dbkrm ag, S bat to the POINT Of BMNNNO, and oorftWN 0,450 aws, 18,7Y2 squwo tat, more or bas of lap., Am WMM lbws mobs and bounds. A plat of wan survey dab homwe socampsrin ft dommkWom SURVEYED ON THE GROUND OOTOem ION !SPEY HIJSTON A ASSOCIATES. M ' -0 AMC Q Doneb abac R.P.t_ . Tara Rpbbnlon No. 4M Da:a ar~ % N A YEW; au * 4m ~yG awo+y~ SUR i 16 samlin M" To" Omwe"rr OI T,Yqmrs Pam t}u•34 Fyvt.fa a". "I x DEED TIM STATE OFTMM 'COUNTY OF # KNOW ALL M N BY THM PARSENTSr of tie County of _ ,Spill of Tams, b dnAw reB+asd to u Orsox; whether arse or mme, fm and in oamiderati a~t6e cum d (S } in bald paid tie State ofumki, M?Ni; eed dr=sk do 7lsaas 7i<,rospastedoe b4 of which r hereby admowledSed, cool Eor which no be b mod, caw aatptaMd a ice day sold and by thew do t7esot, BwepL, yll led CatMey rata des Sues of lieaiae VI dm otata htbh Apmat y dasaibed In Fs- dde i~tia h 1990 mp0emeotaW B'!o bed anpiopetey deeodW In iidd ~ "At" b wk Canton emeam and eime or ww" &j Impcowo>tnu tiem acid lad by the day of ' , tabf got, to curbs a maiem d time m may bo paned I P~ ~ wkbm my hw6w ocaddowba, do tit so or 03 putt loch error s pd lot so rmaoved sW pace to and vac ka the Stage et7~w fbmrer. Ora m a mmi all of the ail,p and at*= ht ad wWw td Lod usa but waiw m do" of hW_m sad epees to the so bw dma tha prPoae of espiodnS, decal , m6tipt at for ddUlis cane; however, noddnj to this m ovstino skirl e6ati6e tide cool raw of tM to tdo od use of other ethtrraks and a tstedais 6woo, *me% cud dtateQttier. ' 11 t . i I~ Pam D-1!44 Fyr 2 of 3 Rr.. N91 TO HAVE AND T~O HOLD the pemim hateim and hmria c~vayad tom witL aC and fot and r e.. w thmeeo im any ba ao&g +moo the Sttee teas atmd its sui algtts to Wau>tot and Fasesros p~ mo ow • ~aaas and s- Tww and In udps spa emy Ponca x lawihfly edaimia of to daki 61 ~ atry pa-. IN WITNESS WEME089 ds &e =ww is aaafed on this the day of err«rr•rrrr••r«•rqrr«•r«rrrrrr«rr«««rr,N«r~r~*rrrrr««rrr««r««rrrrrr«rr•~•r•«««••... THE STATE OF TEXASa ACKNOWLEDGMENT COUNTY OF 1 BEFORE ME. she uodeadttmd, a N" pubur, as sh4 dey pwou y affm d to me oo do oub of . kaowe to me (of proved eame(e) if (m) eebraibed to she ftapial iesessmem . a exed.ble wi=u,) to be the patoo(e) whose pupuu and 00mMendao sbeseie mpssased, adaoeriedhed to me shat hUaf • ji exeoesed the am !br the QIVEN UNDER MY BAND AND SEAL of OFPqCg, shb 19, I%" pAlk. SUN of Tau j y1'~rio• ayatiar ar aM day d • ♦rr«•r«~r•eerrrrerrrerra~erar«rreerere«reraerrerr«rrerrrrrrrrs:•rrrrrrrrrrar•r•r«. THE STATE OF TEXASa CORPORATE ACKNOWLEDGMENT COUNTY OF I BEFORE bd', the aeNfq~, raw 0■ r8it dsf Pmweetlr aPP me b be tha ps sae aed adsme whae eear d vu &be as of Is add aa6eedbdLe the Sssqu(e~ 4raoaet ead admoaiedpd b s t duty irssbaelsed i s peefam she saaso by ~paptw rmahrtssaef tY bared of dbsseeom at" ~+~ea dd hkilm wu esnessed the tam s a the aet ofaeob caPame eel tlrt 4h6e maalo ered. ~Pm !a sbpaspaws sssd uaeeideeadeo sbeseia asspeaeeed, sd Jd she oapaairy OIM UNDAlt MY BAND AND SEAL OF M"M dk day of , llaray thee, hm of Tease I MY Q WAi doe avow on sbe _ day Of 18 _ J c I i i !P!Gf3 !w. *P= i Alta r+emdf q Play morn iufrnm~o! bi b 9 o csrt'rmccAa of tecoeom 788 STATE OF TEXAS, COUNTY OF ' • 19 I I ' i ApMd IW ORDINANCE NO. AN ORDINANCE AMENDING SECTION 2-62 OF CHAPTER 2 OF THE CODE OF ORDI- NANCES OF THE CITY OF DENTON TO PROVIDE CONFLICT OF INTEREST PROVI- SIONS FOR BOARD AND COMMISSION MEMBERS CONSISTENT WITH THE CON- FLICT OF INTEREST PROVISION RECENTLY PASSED BY THE VOTERS IN THE CITY CHARTER ELECTION; AMENDING SECTION 2.84 OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE FOR THE NOMINATION AND APPOINTMENT OF MEMBERS TO THE PUBLIC UTILITIES BOARD AND PARKS AND RECREATION BOARD CONSISTENT WITH THE AMENDMENTS TO THE CITY CHAR- TER APPROVED BY THE VOTERS AT THE MAY 1, 1999 CITY CHARTER ELECTION; PROVIDING FOR RATIFICATION OF PRIOR ACTION; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at the May 1, 1999 City Charter election, the voters approved the amend- ment of § 14.04 of the City Charter to remove the dirccl or indirect financial interest test and sub- stitute the substantial interest in a business entity test set forth under Tex, Loc. Gov't Code §171.002 for conflicts of interest; and WHEREAS, it is necessary to change §2-62 "Conflict of Interest" of the Code of Ordi- nances to be consistent with the new City Charter requirement on conflict of interest; and WHEREAS, at the May 1, 1999 City Charter election, the voters approved the expansion of the Parks and Recreation Board wider §11.02 of the City Charter and the Public Utilities Board under §12,07 of the City Charter to seven members, which makes it necessary to amend §2.84 of the Code of Ordinances to make the method of nominating and appointing members to certain boards consistent with those amendments; and WHEREAS, the City Council deems it in the public interest to amend these sections of the Code of Ordinances as indicated above; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1, That §2.61 "Conflict or interest" of Article III "Boards, Commissions, and Committees" of Chapter 2 of the Code of Ordinances of the city of Denton is hereby amended to read as follows: Sec, 2.62. Conflict of interest. i A member of a board or commission of the City having a substantial interest in a business A entity or real property, as those terms are defined in chapter III of the Texas Local Government # ! Code as it now reads or may hereafter be amended, shall comply with chapter 171 and, if =es- sary, shall abstain from voting on a matter involving the business entity or real property and file an affidavit setting forth the substantial interest in the matter to be voted upon. 1 a C a i 1 SECTION 2. That §2-84 "Nominating and appointing members to certain boards" of Article III "Board, Commissions, and Committo-s" of Claapler 2 of the Code of Ordinances of the City of Denton is hereby amended to read as follluws: Sec, 2-84. Nominating and appointing members to certain boards. All nominations to the Public Utilities Board and Parks and Rocreation Board shall be by procedures established by the City Council to fairly allow each member of the City Council an opportunity to nominate a member to each of these boards. All appointments to the Public Utilities Board and Parks and Recreation BoatI shall be by affirmative vote of four members of the City Council ~i . i ltly.2. All prior actions of the City Council, City Secretary, and the City Manager in nominating and appointing members to the Public Utilities Board and Parks and Recreation Board are hereby ratified and approved. This ordinance shall be retroactive to 4be extent neces- sary to ratify these prior actions. SECIIONN that if any section, subsection, paragraph, 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 por- tions or 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 S. That save and except as amended hereby, all the sections, smtences, clauses, and phrases of Chapter 1 of the Code orOrdinances of the City of Denton shall remain in full force and effect. SECTION 6. chat this ordinance shall become effective immediately upon its passage , and approval And shall be given retroacti .,e effect as required by Section 3. PASSED AND APPROVED this the day of _ , 1999. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: r J APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CI Y T RNEY i BY: cx iocv-%F AX nMnrv or, L, #A Page 2 1 i i DO AGENDA INFORMATION SHEET AGENDA DATE: August 3,1999 DEPARTMENT: City Manager's Office CM: Mike Jez, City Manage i SUBJEQ Consider approval of a resolution expressing support for the National Low-Sulfur Gasoline and Tier 2 Emission Standards proposed by the Environmental Protection Agency, snd providing an effective date. BACKGROUND The North Central Texas Council of Governments has requested that the City Council consider a resolution supporting gasoline and emission standards as proposed by the Environmental Protection Agency. if approved, the resolution will be sent to the EPA in Washington indicating Denton's support. Re tfully submitted: 11 A0 1 er Walt ILW Secretary I i A i - J i l I i x ' North Cenlral Texas Cm=1 Of Goverrinents TO: County Judges 6 City Menage:s DATE: June 25. 100 Collin, Dalfas, Denton and Torrent C les FROM: Mike Eastland, ExecWM Director SUBJECT: Air Quality Action Report As you know, Collin, Doll", Denton end TerrW Counties are currently deseifled as serious non- ettainment of the ozofN Msnderd under the federal Clean Alr Ad of 1990. Numerous programs have been Instituted wkNn ft hour {{~~MMNs In on attempt to achieve alleloment status. Success has been elusive and A is antldpofe~l the Enviror"Ae'p Protection Agency will soon redesaify this area from'serouo" to "severe' non-attainment. Aulomobites and trucks ere the largest contributors to the ozone problems of the four-ooun,,lyy srea. Our Involvement In the sir quality arena end p1rtiDulsdy that aesodeted with our trenapmawn pfennfrg responsibilities leads us to believe that the area's best and probably only hope for achieving compli:m Is through the Introduction of low pollution emitting vehkfes Into the ores s mix of sutomob... s and Ducks. Current national standards aA for cleaner gasoline powered engines for passenger cars to be on the market as of the 2901 model year. Cleaner dlesat engines are required bepkhMg model year 2004. The cleaner gasoline engines requirement does not indud,9 pickup trucks, minlvCM end SW utility vehicles and Otis poses a real problom In our area since these vehicles have s very high market penetration. JJ, EPA {s now proposing a standard to require pickups, minivans end sport utility vehlUos to be 1 equipped with dean engines beginning model year 2004. EPA Is also proposing a standard that alts for a reduction of the sulfur content Ir gesoilne which fuller ensures the effectiveness of the low emisslons contrd technology. Since these proposed Mandanls are so Important to the effort of oWning compliance of the Clean Air Ad, our ExeaNve Board psaW a resolution at its June meeting In their support. n lostrongly suggeslad that you consider powli g a similar resolutlon (sample endoe" and send it to EPA. ~ I These resolutions must be flied by August 2, 100, and are to be sent to the follovdng address: Public Docket No. A-97.10 U.S. Env"rimeMel Protection Agency Air Docket (6102) I Room M•1500 401 M Street, SW Washington, 00 20460 For more Information on these standards you an refer to the Federsl ReglsterNol. 64, No. 92IMey A 13,1999, J Plaise wAsd me If you have any quesllons. My lelophons number is t111/6W9101. { MEA9 e is 9A nap oarw, omtwpoxu Iwo a o sox ws, kWak, Teas re005 saes 1811) 640 3300 PM 41? 540-7008 ( wwwd MW t RESOLUTION NO. _ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS EXPRESSING ITS SUPPORT FOR THE NATIONAL LOW-SULFUR GASOLINE AND TIER 2 EMISSION STANDARDS PROPOSED BY THE ENVIRONMENTAL PROTECTION AGENCY; AND PROVIDING AN EFFECTIVE DATE. V11iEREAS, Collin, Dallas, Denton, and Tarrant Counties are classified as a serious non. , attainment area for ozone under the federal Clean Air Act of 1990; and WHEREAS, despite the implementation of numerous control measures, the area has not achieved attainment status; and WHEREAS, it is recogn'ted that the introduction of loa po!lution emitting vehicles into the area's vehicle fleet will significantly improve the area's ability to achieve attainment status; and WHEREAS, it is imperative that low emitting vehicle technology h: incorporated into a class of passenger vehicles including minivans, pickup trucks, and sport utility vehicles; and WHEREAS, it is equally important that the sulfur content of gasoline be reduced to increase the effectiveness of low emitting vehicle technology; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES; 5ECTIOX1. That the City Council of the City of Denton, Texas hereby expresses its support of the National Low-Salfur Gasoline and Tier 2 Emission Standards proposed by the Environmental Protection Agency. SECTION 2. That the City Council has found and determined that the meeting at which this resolution is considered is open to the public and that notice thereof was given in accordance with provisions of the Texas open meetings law, Tex, Gov't Code ch. 551, as amended, and that a quorum of the City Council was present SECTION s. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of _ ,1994. i JACK MILLER, MAYOR r t it II ATTEST: JENNIFER WALTERS, CITY SECRETARY, BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY* CITY ATTORNEY BY: I L i i r w.aranaaw ro~.,~.a.anwov.~ a+im n.dwa s. r i i M Page 2 f { I BOARDSICOMMISSION NOMINAT[ONipMd1 Dap AIRPORT ADVISORY BOARD Dist Current Member Nomination Term Council I Hd Jackson Hal Jackson 1997-99 Young Approved 6/22 2 Rick Wooliolk Rick Woolrolk 1997.99 Durrance Approved 6/22 6 Don Smith Don Smith 1997.99 Burroughs A roved b/22 ANIMAL SHELTER ADVISORY BOARD Dist Current Member Nomination Term Council 7 Bob Rohr Bob Rohr 1997-99 Mayor Approved 6122 t Joannie Housewright Paul car" 1997-99 Young Approved 6122 3 Lynn Stucky Lynn Stucky 1997-99 Cochran 4 Veronica Rolen Jcnnircr Walters 1997-99 Kristorerson (city oRicid S PhyIlisFlott Lisa2:olterelli 1998.00 Beasley (laypewn) Approved 7127 BOARD OF ADJUSTMENT Dist Current Member Nomination Terre Council I Tom Reece Tom Reece 1997-99 Young Approved 6/22 2 Larry Collister Term Not Expired 1998-00 Durrance 3 Vacant Greg Mulrhead 1999-01 Cochran Approved 6/22 4 Vacant Jon Bergstrom 1999-00 Ustorerson A roved 7/27 S Bob Manning Temt Not Expired 1998-W Beasley 6 Rachcl Mays Bryon Woods 1997.99 Burroughs Approved 7121 7 Joe Bcrvizick Joe Bendzick 1997.99 Mayor A roved 6/22 Alcl Grant Jacobson 1999-02 Council A , Approved 7/13 r 1 r \ Alt,2 John Johnson 1999-01 Council Approved 7/13 Alt.3 Ernest McNeil 1999-00 Council Approved 7/13 1 S COMMUNITY DEVELOPMENT ADVISORY COMMITTEE Dist Current Member Nomination Term Council 1 Harry Bell Harry Bell 1997.59 Younrl, A proved 6122 2 Lisa Polack Pat Colonna 1997.99 Durrance h 4 James McDade 1997-99 Kristoferson (not diole for rwtmointmrni) 6 Roberta Donsbach Peggy Fox 1997-99 Burroughs Approved 7120 CONSTRUCTION ADVISORY & APPEALS BOARD Dist Speciality Nomination Tent Council I Contractor Bill Redmon 1999-01 Young Approved 7113 2 Contractor Henry Rife 1999-00 Durrance 3 Engineer Nicholas Eassa 1999.01 Cochran Approved 7113 4 Architect Alan Nelson 1999-00 Kristofetson roved W22 5 Contractor Scott Richter IM-01 Beasley Approved 6/12 _ 6 Electrical Contractor Doug Grantham 1999-00 Burroughs 7 Plumbing Frank Cunningham 1999-01 Mayor A roved 7/13 DENTON HOUSING AUTHORITY Seat Current Member Nomination Term 7 Rosemary Rodriguez Rosemary 1997.99 Miller i Rodriguez 7 Bob Sherman Katie Fleming 1997.99 Miller 7 Mark r'hew Marie Chew 1997.99 Miller A r I 2 HISTOR C LANDMARK COMMISSION Dist C7urent Member Nomination TO-m Council 2 Glen Savage Lanelle Blanton 1997-99 Dunnince 4 Barry Vermillion Barry Vermillion 1997.99 Kristoferson Approved 7/13 5 Peggy Capps Peggy Capps 1997.99 Beesley A proved 6122 6 John Baines John Baines 1997-99 Burroughs A tved 7/27 1 Bullitt Lowry Karen Abernathy 1997.99 Young Approved 7/13 3 Bob Montgomery Bob Montgomery 1997.99 Cochran Approved 7/13 HUMAN SERVICES ADVISORY COMMITTEE Dist Current Member Nomination Term Council 4 Lynn Ebersole Lynn Ebersole 1997.99 Kristoferson Approved 6/22 5 Catherine Bell James McDade 1997.99 Beasley Approved 7113 6 Vacant Tetri Rheault 1998.00 Burroughs Approved 6/22 1 Mae Nell Shephard Mae Nell Sheppard 1997.99 Young Approved 6/22 3 Jerd Locke _ 1997.99 Cochran ' 5 Peggy Kelly Peggy Kelly 1997.99 Beasley Approved 6/22 6 Kent Miller Kent Miller 1997.99 Burroughs Approved 7113 ti 7 Elinor Hughes Elinor Hughes 1997.99 Mayor Approved 6/22 i 1 ire i 3 1 t' (i t KEEP DENTON BEAUTIFUL BOARD { Dist Current Member Nomination Term Council _ a 1 Vae^nt Catherine Bell 1948.00 Young A roved 7/13 3 Alice Gore Alice Gore 1997.49 Cochran Awrov_ed 7113 4 Ketiin Kasparck Kevin K&sparek 1997.99 Krisloferson Approved 6122 S Geri Aschenbrenner Geri Aschenbrenner 1997.99 Beasley Approved 6/22 1 Vemle Wilson VernIe Wilson 1997.99 Young A roved 7113 2 Vacant Kathi P.andolph 1991.99 Durrance A roved 7113 LIBRARY BOARD Dist Current Member Nomination Perm Council S Linnie McAdar+is Ken Fernl1 1997.99 Beasley A roved_6/22 6 Michiko Hayhurst Michiko Hayhurst 1997.99 Burroughs A roved 6122 1 Lelean Brown Lelean Brown 1997.99 Young Approved 7113 2 Caroll Trail Carroll frail 1997.94 Durrance , Approved 7120 PARKS AND RECREATION BOARD Dist Curren! Member Nomination Tam Council S Don Edwards Eton &lwards 1997.99 Beasley A roved 6122 6 Willie Hudspeth Corina Ramos 1997.99 Burroughs _ Hroved 7113 3 Dale Yealts Term Nol Expired 1998.00 Cochran 7 Dalton Gregory Dalton Gregory 1997.99 Miller Approve i 6122 2 Vacant Brandon Barnes 1948-00 Durrance _ I A roved 7i 13+f 4 New Position Brenda Phillips 1999.00 Krisloferson } Approved 7/13 I I New Position Gwendolyn Carter 1999.01 Young Approved 7/13 4 r :a PLANNING AND ZONING COMMISSION Dist Current Member Nomination Term Council` 4 Elizabeth Gourdie Elizabeth Gourdie 1497.99 Kristoferson Approved 6122 7 Susan Apple Susan Apple 1997-99 Mayor _ A roved 6/22 1 _ Bob Powell Bob Powell 1997-99 Young 2 Rudy Moreno Rudy Moreno 1997-99 Durrance _ A roved 6122 6 Carol Ann Gamer Peny McNeill 1998-00 Burroughs A roved 7127 PUBLIC UTILITIES BOARD ` Dist Current Member _ Nomination Tenn Council J 7 Dick Norton Dick Norton 1445.49 Approved 6/22 5 Bob Coplen Bob Coplen 1995-99 Approved 6/22 3 Bill Giese Term Not Expired 1996-00 4 George Hopkins Term Not Expired 199102 6 Charidean Newell Term Not Expired 1997-01 1 Ncw Position Jim Wilson 1999.00 Approved 6/22 2 Ncw Position Joe Mulroy 1999-01 Approved 6122 TMPA BOARD OF DIREC1'ORS Seat Current Member Nominatioi Terris 0 Bill Giese Sandy Kristoferson 1997-99 ALL Approved 7/13 TRAFFIC SAFETY COMMISSION Dist Current blcmber Nomination Term Council 3 Carolyn Bacon Marshall Smith 1997-99 Cochran Approved 7120 4 Harry Phillips Chuffs King 1997-99 Kristoferson Approved 7127 5 Charles Ridens Charles Ridens 1997.99 Beasley % A`,. Approved 6/22 7 T Jim Ilobdy Pat Cheek 1997.99 Mayor Approved 7113 5 v► 1 END OF FILE 1 ~ I r