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HomeMy WebLinkAbout09-14-1999 I U I September 14,1999 Agenda Packet .1 i i I F t l w aWU wa --_qq=111c AOMWO CI1 Y OF DENTON CITY COUNCIL bmz , September 14, 1999 Work Session of the "ity of Denton City Council on Tucsday, September 14, 1999 at 5:00 p.m. in the Council Work Session Room at City full, 215 E. McKinney Street, Denton, Texas at which the following items Hill be considered: NOTE: A Work Session is used to explore matters of interest to one or more City Council Members or the City Manager for the purpose ol'gMng staff direction into whether or not such matters should be placed on a future regular or special meeting of the Council for citizen input, City Council deliberation and forma) City action. At a Work Session, the City Council generally rcecives infomtal and preliminary reports and information from City staff, officials, members of City committees, and the individual or organization proposing council action, if invited by City Council or City Manager to participate in the session. Participation by individuals and members of organizations invited to speak c: ases when the Mayor announces the session is being closed to public input. Although Work Sessions arc public nwerings, and citizens have a legal right to attend, they arc not public henringa, so citizens are not allowed to participate in the session unless invited to do rs by the Mayor, Any citizen may supply to the City Council, prior to the beginning of the session, a written report regarding the citizen's opinion on the matter being explored. Sh,.-uld the Council direct the matter he placed on a regular meeting agenda, the staff will ~,cn-rally prepare a final report defining the proposed action, which will be made available to all citizens prior to the regular meeting at which citizen input is sought. The purpose of this procedure is to allow citizens attending the regular meeting the opportunity to hear the views of their fellow citizens without having to attend two meetings. I . Receive a report, hold a discussion and giro staff direction regardin# revisions to the draft 1999 City of Ocnton Comprehensive Plan. On Sepw tber 8' , 1999, the City Planning and Zoning Commission declined to make a recommendation to City Council, electing instead to submit individual comments for use during the September 10 Council Work Session, Following the completion of Work Session Item 4I, the City Council will convene it a closed meting to consider the specific item listed below under the Closed Mecling section of this agenda. Council reserves the right to adjourn into a closed meeting on any item on its open meeting agenda consistent with Chapter 551 of the Local Government Code as ~cl forth below. ANN' FINAL. ACTION, DECISION, OR VOTE ON A MATTER DELIBERATED IN A CLOSED MEETING WILL ONLY BE TAKEN IN AN OPEN MEETING THAT IS HELD IN COMPI.EAN'C'E WITH TEX. GOVT. CODE Cll. 551, THE CITY COUNCIL RESERVES THE RIG111' TO ADJOURN INTO A CLOSED MEETING OR EXECUTIVE SESSION AS AMHORIZED 111' TEX. GOVT, CODE SEC. 551.001, ET SEQ. (TEXAS OPEN MEETINGS ACT) ON ANN' ITEM ON ITS OPEN MEETING AGENDA OR TO RECONVENE IN A C'ONIINUAIION OF THE CLOSED MEETING ON THE CLOSED r MLEIING ITEMS NOTED ABOVE, IN ACCORDANCE WITH THE TEXAS OPEN A MEETINGS ACT, INCLUDING, WITHOUT' LINflTATION SECTIONS 551.071.551,086 OF I IIE OPEN hIEVTINGS ACT, f ' I City of Dalton City Council Agenda September 14, 1799 s. Page 2 1. Closed Mccting A. Consultation with Attorney - Under TEX. GOVT. CODE SEC. 551.07 1. 1. Conduct a private consultation with the City's attorneys, including the City's outside legal counsel, and obtain legal advice regarding the legality and advisability of ad ipting a single ordinance governing all electric service providers operating or to be later C. :?acing within the City of Denton, Texas; including a discussion regarding the strategy im olved in negotiatirg for, collecting, and enforcing any obligation for unpaid electric franchise fees and/or related taxes. Obtain the advice and recommendations of legal counsel respecting these matters; and determine the City's strategy axd negotiating position vis-3-vis TXU Electric and CoScrv Electric on these matters. To discuss the foregoing matters in an open meeting would clearly conflict with the duties and responsibilities or the City's attorneys to their client under the Texas Disciplinary Rules of Professional Conduct. Following the completion of the Closed Sleeting, the Council will reconvene in o open session and consider the following: 2. Receive a report, hold a discussion and give staff direction regarding adoption of a single ordinance governing all electric service providers operating within the City limits of enton, f CERTIFICATE I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the `___day of _ 1999 at o'clocl (a.m.) CITY SECRETARY 1 NOTE' 111E CI IY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WI 111 It!' AMERICANS WITH DISABTLITIES ACT, WE CITY WILL. PROVIDE SIGN LANGUAGE IN°I ERPRETERS FOR ME IIEARINO IMPAIRLD iF REQUESTED AT LEAST '18 HOURS IN ADVANCE OF ME. S01F.DUl,LD MEETING. PLEASE CALL 7'11E CITY SECRETARY'S OFFICE AT 349.8309 OR USE I I I UC'OMMUNICATIONS DEVICES FOR 1'FIE DEAF (TDD) BY CAL LINO 1.800-RELAN'•T'X SO THAT A SIGN I ANGLIAGE IV"rERPRLTER CAN BE SC'I IEDULED 1'11ROUGII'IIIE CITY SEC'RETAtWS OE'FICE. 1 t kende No. q - 042 AGENDA INFORMATION SHEET Apend hm._,~_ Data f 4~--.~. AGENDA DATE: September 14'h, 1999 DEPARTMENT: Planning & Development epartment C,INI/DCAVACM: Dave Hill, 349-8314 SUBJECT Receive a report, hold a discussion, and give staff direction regarding revisions to the draft 1999 City of Denton Comprehensive Plan. On September 8'h, 1999, the City Planning & Zoning Commission declined to make a recommendation to City Council, electing Instead to submit individual comments for use during the September t4"Council work scssinn. BACKGROUND I fhe September 14'h Work Session has been reserved to enable Council to make revisions to the draft Comprehensive Plan. Several comment documents have been attached for Council's review. New items include comments submitted by Mayor Miller (Exhibit O), comments submitted by Ed Soph during the September )'h Council public hearing (Exhibit 11), a letter recently received from the Denton Chamber of Commerce (Exhibit 1), a summary of Chamber of Commerce responses to the Horkshop questionnaire (Exhibit J), and a letter received from UNT Vice President Fred Pole. Following a September 81h public hearing, the Planning & Zoning Commission decided to decline making a recommendation to City Council regarding the draft Plan, by a vote of 64 (Carl Williams { upposed). During t},• P&Z public hearing, 3 persons spoke in opposition, 2 persons spoke in favor, and one person was "neutral" in commenting on the Plan. The Planning & Zoning Commissioners made the following comments to be forwarded to City Council: O The draft Plan contained no revisions in response to public comments. Without any knowledge of the extent of possible revisions, the Commissioners were opposed to making a recommendation. The P&7- wants to see the revised Plan and allow time for additional public comment before making a recommendation to City Council. The fact that no revisions had been made to the Plan as of September 8'h was perceived as an indication that no revisions would be made at all. The workshop summary prepared by staff' was criticized as being too simplistic and not reflective of participant comments, particularly with respect to density comments. Several of the Commissioners that attended the workshop recommended against the use of the summary to make decisions regarding the draft Plan. © The draft Plan contains several recommendation, many of which relate density to quality expectations that will require adoption of a ncv development code. Several P&Z Commissioners t expressed concern that a Plan that allows hig),er densit, without a guarantee of the protection afforded by stricter regulations is a risk that should not be taken, At least three of the Commissioners expressed concern that residential densities were too high in the draft P!an, and that the relatio:tship between lot size and density should be carefully evaluated. t f i ~ V 0 The concept of "Skinny Streets" and the use of alleys were questioned with respect to the storage of recreational vehicles, boats, and trailers. Smaller lot size and reduced street width were considered problematic when storage options become restrained. The Commissioners were concerned that the City would not enforce regulations needed to prohibit RV, boat, or trailer storage in rights-of-way or in front yards. 0 The concept of density transfer in return for floodplain dedication was criticized. The comment was made that floodplain preservation is such an important public safety issue that iloodplain dedication should be required at all times, 0 The means of achieving the recommended 35%-65% ratio between new multi-family versus single family units should be Identified in the draft Plan. Manufactured housing should be included in the ratio and have a maximum cap established. 0 Manufactured housing should have clear locational guidelines and site design standards. 0 The function of neighborhood groups should be defined in the Plan. 0 A comment was made that neighborhood centers might be located to close to each other, and that too many centers could be formed if the Plan is approved. 0 Concern was expressed that mass transit is not really feasible, and will not be used by citizens. 0 A few comments were made that indicated that the draft Plan contains many good recommendations, but the public needs to be better informed of its contents. OPTIONS Many options remain available to Council members with respect to the draft Plan, and several revisions are anticipated. The review process and schedule will need to be re-evaluated once the extent of the revisions to be made becomes apparent. RECOMMENDATION The entire two-year process dedicated to the development of a City of Denton Comprehensive Plan has been structured to achieve community consensus for the Plan. Staff feels that before revision discussions begin, Council should decide to make every effort to adopt a plan that is strongly \ supported by unanimous vote. Such an approach would be preferable to adoption of a weakened, I05-supported Plan by simple majority. F a To achieve this goal, staff recommends that the chapters or portions of chapters that can be supported unanimously should be identified first and set aside, acknowledging that additional public hearing comments on September 10 could require reconsideration of certain Issues, The issues that remain should then be subjected to continued dialogue, debate, and compromise until as high a level of support as is possible has been reached. Staff will be prepared to record changes in response to Cnuncil discussion and decisions that ai•. made during the work session, In support of Council's revision efforts, staff makes the following suggestions, A. JJ•~ ♦ Sescral public comments ha-. . b%e, made expressing skepticism that development regulations will be adopted to implement the Ple.t. An option to consider is to identify Plan recommendations that rely on code recisions and condition their approval upon adoption of the new development code. 2 t ♦ The Development Code Rewrite process began September 9'h, with the first meeting of the Code Committee. The project scope includes the collection of considerable public input, using a visual preference survey, focus groups, and a statistical survey. Some issues that continue to be controversial, such as density or residential street widths, could be deferred to the Code Rewrite project without detrimental Plan Impacts. Such an approach would allow more time f. r continued public input and improve the prospects of reaching consensus on these issues. ♦ If some of the recommendations are too specific to meet with Council consensus, a broader statcrrant could be substituted that can win support, with a specific implementation strategy recommendation to isolate and research the issue as a separate project. ESTIMATED PROJECT SCIIEDULE A second Comprehensive Plan public hearing is scheduled for Tuesday, September 21", 1999, Based upon P&Z's decision to require further review, the review and adoption schedule for the draft Plan should be revised, As requested, staff asked John Fregonese if delays in Comprehensive Plan approval would also delay the Develop vent Code Rewrite project. John indicated that he does need the approved Plan no later than mid-October 1999 to avoid Code Rewrite project schedule extensions. Depending upon the extent of revisions, staff has prepared a tentative new schedui. for Council consideration September 10 Revisions made by City Council September 2iCity Council Public Iiearing September 22"a P&Z Public Hearing u.tobcr 12'h City Council Work Session October 13'h P&Z Public Hearing & Recommendation to City Council October 19`h City Council Public Hearing & Action PRIOR AC'TIt11(/REVIEIV [1a r+ l in 1999] Draft prtbenshro PIAn Review Activity February 23'1 City Council Review: Introduction, Population Forecasts, & Growth Management Strategy Chapters March 3P City Council Review: Infrastructure Chapters (Transportation, Water, Wastewater, Stormwatcr Drainage, Solid Waste, Electric Utilitie!) April 13'h City Council Review: Parks & Open Space, Urban Design, "The Street", & "The Edge" Chapters r April 27'h City Council Review: Historic Preservation, Public facilities, & Economic Diversification Chapters Slay I Ph City Council Review: Environmental Management & Public Involvement Chapters May 2 i" City Council Retreat Review: Land Use Chapters (Residential, Commercial ! Retail, Civic / Institutional, Industrial, Special Districts), Recommended Land t Use Plan, Implementation Strategy, "Maintenance! Enforcement", & School Districts Chapters June 22nd City Council Release of draft Comprehensive Plan for public review Approval of Public Involvement Schedule June 23rd P&Z Review Session (during Regular Meeting) j July 14d' P&Z Review Session (during Regular Meeting) July 21" P&Z Review Session (Special Called Mceti!rb) July 26th Public Meting - Denton High School July 28th P&Z Review Session (during Regular Meeting) July 29'h Public Meeting - Centet for Visual Arts August 2"d Public Meeting - Wilson Elementary August 5"' Public Meeting - Borman Elementary August 9'h Public Meeting - Sam Houston Elementary August 11th P&Z Review Session (during Regular Meeting) August 12" PublicMecting - MLKRecreationCenter August 14" Public Workshop- Calhoun MiddleScho)l August 25th First P&Z Publiu (fearing September 7'h First City Council Public Nearing September 8th Second P&Z Public Hearing: P&Z Commissioners forwarded several concerns to City Council, declining to make a recommendation to City Council until revisions are made September 14a' City Council Revisions Work Session FISCAL INFORNIA'tI ffi The draft Comprehensive Plpn has been produced using existing city staff resources ore the C3romh Management Strategy was completed and approved by City Council. AT-.(A ',IINIENTS Exhibit A: Replacement "Schools" Chapter Exhibit & Public Meetings Comment Summary Exhibit C: Workshop Comment Summary Exhibit 1); Summary of Public Comments (from August 24 h, 1999 Council Staff Report) Exhibit E,: September 8th, 1999 Planning & Zoning Commission Ftaff Report Exhibit F: June 1999 Comments from Council Members Cochran, Durance, and Kristoferson Exhibit G: September 1999 Comments from Mayor Miller Exhibit 11: September 7th Comments from Ed Soph Exhibit 1: September 0, 1999 Denton Chamber of Commerce Letter Exhibit J; Summary of Camber of Commerce Responses to Plan Workshop Questions Exhibit K: September 6 h, 1999 Letter from LINT Vice-President Fred Pole i A ~ RAspectfullynsubmitt 1 e ]fill _ Assistant City Manager, Development Services 4 C I I EXHIBIT A Draft - Replacement Chapter, Page 157. August 23, 1999 Section 18 Schools Whenever values are discussed within a community, the quality of education is consistently mentioned as a priority of the residents. The City of Denton is fortunate to be rcrved by several comprehensive and innovative independent School Districts. The school districts are challenged with continuing their Icvel of service to area students in a climate of population growth and increasing responsibility mandated by the State of Texas, Recent residential development activity within the City of Denton planning area has been located primarily within the Argyle and Denton Independent School Districts. These two districts contain almost all of the urbanizing areas and are expected to experience most of the projected residential growth over the next several years. As development continues to move from the southern portion of the planning area to the north, the remaining districts are also expected to receive a share of this significant residential activity, 1, needs Assessment The addition of 35,888 single family and 18,430 multi-family dwelling units will have a significant impact on the districts located within the study area, This residential development is projected to add another 28,800 students to area schools - 115,300 elementary, 6,500 r ]ddle, and 7,000 high school students. The urbanizing sub-areas are expected to generate 85 percent of the projected student growth, a total of 24,5C ) school- age children - 13,000 elementary, 5,500 middle, and 6,000 high school students. I he Denton Independent School District (D.I,S,D,) has projected enrollment and facility needs through 2020 for the entire district. D,I,S.D. estimates it will need to build 15 elementary, 4 middle, and 2 high schools to keep pace with enrollment growth, The district extends beyond the limits of the City's study area boundary. Of the projected facilities, i I of thv elementary, 3 of the middle, and the 2 high schools will be requlred within the City's study area boundary. Table 18,2 shows D.I.S.D. school needs through 2020 for the entire district; Table 18.2 D.I.S.D. School Needs Through 2020 Year Elementary Middle 1118h I999.2003 -T- 1 0 2004.2008 5 1 1 2009-2013 3 1 0 _ 2014.2018 2 1 1 _ 2019.2020 1 0 0 SOURCE: a ci try C'unstrucrlon 71meta le, U.LS D„ Jantrnry 18, 1979. Historically, D.LS.D. enrollment has grown at a 3 percent compound annual i growth rate Based on the current levels of residential gro-S throughout the district, the C, rate of enrollment growth is exacted to more than double over the next five years. A ! ! v compound annual growth rate of 7 percent is projected from 1999 to 2003. Overall a compound annual growth rate of 4 percent is anticipated from 1999 to 2020. Table 18.3 contains a new facilities construction timetable intended to keep pace with enrollment growth. s r ~i Draft - Replacement Chapter, page 137: August 2J, 1999 Table 18 3 r New Facilities Construction Timetable Elementary Middie High Year Facilities Demand Need Facilities Demand Need Facilities Demand Need 1999 0 0.6 05 0 0.1 0.! 0 03 .0.3 2000 0 0.8 1.4 0 0.2 0.3 0 0.1 0.2 0,3-- ----0 ---0.1 -.-0.1 2002 p -0.0- -2. l - 0.3 0.1 O. o 2003 0.4 G~ --0.1 0.2 2006 1 1.0 0.8 0 0. 0.0 0 0.2 0.5 2007 U - 0.8 _ --0 3 -0.~ p - - 0,2 -0 2006. 0.8 - b.-6. . _ 1 2009 - _t U.8 - 0.4 0.2 037 - 0- -..__O, i - •0.1 2011 1 0.7 -0.1 0 0.2 G.1 0 0.1 0.1 2012- 0., 07__ 0.6 0 -0.2 0,3 2011 1 0.6 0.2 0.2--- -0.T l_ 01 - 0,7 2014 0.8 0 0,2 0.~- -p - 0.1 47 M Nam 2016 0 0.5 0.8 0 0. -0.1 0 0. 20f7 1 _ 0.4--- 02 --0.T- -OT 2018 0 0.4 o.6-- p - 0,1 0 1 ----0 ---p ~ - .0.2 2019 1 OA Ad . 0 01 0.2 _ AT- -0.1 ITOFALI UM -thy" 15 15.4 0.4 4 4.2 0.2 2 2,3 0 3 Facilities: Nov campuses to he opened for the identified school year. Demand: Needed facilities generated from development occurring in the previous i calendar year. Need: Unmet student capacity within the identified school year. ,VOTE: Demand and nerds shown here are bused on junctional capact les. 11. School ShIngGuidellijes The establishment of school siting guidelines will help ensure that future elementary and secondary campuses are located, designefl, and built in the most efficient manner possible. They will also enable the City to work more closely with all its school districts for the reservation and acquisition oradequate school sites and the integration of future schools with other City services, such as transit systems and parks facilities. ti INNER f Draft - Replacement Chapter, Page 137. August 2.f,1999 Requirements for each school site will vary by the intended use and physical characteristics of the property being analyzed. De specifications outlined here are intended as general guidelines for the identification, evaluation, and acquisition of appropriate school property. Siting guidelines maybe expressed in three categories- physical characteristics, service area, and locational criteria. A. Physical Characteristics 1. Acreage The primary issues that will determine minimum acreage requirements will be the types of proposed schools and their plan, ~d capacities. Acreage Requirements Type Required Ideal Additional Facility Acreage Site Issues Elementary 1 I to 17 acres 15 acres Must be wide enough to accomm ate Middle 25 to 35 acres 30acre separate parent and bus/service traffic. s High 45 to 55 acres SO acres Must accommodate off-street traffic circulation and parking. 2. Topography School sites shall not have any %lope less than 2 percent not greater than l0 percent. Furthermore, the grade shall not exceed 5 percent at all building and paving areas. 3. llralnage and Easements Preferred sites should be primarily free from Good plain and drainage arcaa, Outdoor play areas may be located within flood plain areas pending City approval of site plans; however, all permanent structures will be located well outside flood plain areas. The interiors of proposed sites should be clear ofeasements. Utility easements may be located along the perimeter of a site. B. Setilce Area Service areas vary by the type of educational facility and the density of he residential area scr%cd, Service area criteria help ensure an equitable distribution of school facilities throughout the planning area. i Sen Ice Area Criteria Type N118%imum MAXIMUM Maximum Facility Service Area Walking Distance Commute Time" Elementary 4A c radius 1.5 miles 30 minutes 1 Middle 8.5-mile radius 1.5 miles 45 minutes I lig 9,5-mi c radius 1.5 miles 60 minutes l' • the madmum tlnm a student shoutd spend on a dAtekr school Ems. 7 Draft - Ri placement Chapter, page 1S7r Augusl 23, 1999 C, I.ocatlonal Criteria c Educational facilities should be located appropriately according intended uses and anticipated impacts on to their adjacent property, Elementary, middle, and high schools each serve significantly different populations and provide significantly different services and should be located accordingly, I, Flemenlary a. Neighborhood Schools Elementary schools are intended as neighborbood-oriented facilities a nd should be closely tied and immediately adjacent to the residential are ith neighborhood facilities effort should be made such as neighborhood parks an td them community centers, b. Land Use Relationships 1, Elementaries should be immediately abutting and/or within residential developments. 2. Primary access to each elementary site should be from a residential collector. 3. Bus service access must be separated,' ~ r primary access - preferably from a secondary site access tt.e, side street). 2. Middle a. Community Schools Middle schools are intended as community-oriented facilities since they are intended to serve several neighborhood areas. Middle school sites also contain outdoor facilities - tracks, football/soccer fields, baseball diamonds, and tennis courts - that are potentially incompatible with ),)war density residential land uses. b, Land Use Relationships 1. Adequate buffers are regrrred bclwcen immediately adjacent single-family land uses. Appropriate buffers include park land, green halts, streets, etc, 2. Primary access to each middle school should be from a residential or eommerc:al collector. 3. Adequate separation is requced between primary, and secondary access - preferably from a secondary site access (i.e. side street). 3. Iligh a. Regional School I ligh schools are located centrally to a region of the district in which they are located. They should be incorporated with community or r regional facilities like community parks, regional parks, or university / facilities. h. Land Use Relationships I. Due to the noise, traffic, odor, light, and other similar Impacts, high schools are considered incompatible with single-family land Uses. 6 c III Dr,tF - Replaeement Chapter, Page I57. August 23,1999 2. High schools should be generally located at the fringe of t commercial centers with direct connectivity to the residential areas they serve - i.e. thoroughfare network, TODs, bicycle/pedestrian systems. 3. Primary access should be from commercial collectors. 4. Adequate spacing should be provided between primary and I secundary access - preferably from a secondary site access (Le, side street). Ill. Policies A. Intergovernmental coordination should be facilitated to the maximum extent possible, regardless ofjurisdiction or service responsibilities. Efforts should be made to share resources whenever possible, and redundancies or duplication of effort should be eliminated. B. City or local government will comply with the same regulations that are imposed on private development within the community. Every effort should be made to ensure compliance on the part of school district and county projects as well. C. Residential dcveiopmcuts will be reviewed prior to approval to measure anticipated student impact, to ensure that adequate sites for future educational facilities are reserved, and to integrate scbool sites with other public facilities like neighborhood parks and pedestrianbicycle systems I W. Coals and Strategies A. Adequate Educational Facilities 1. Coal Provide adequate facilities to accommodate anticipated student growti. through the planning horizon. 2. Strategics a. Analyze student impacts of proposed residential developments at the pre- design, zoning, and plat phases. include the adequacy of schools as an esscrlial component of the infrastructure necessary to sere a proposed i development. b. Encourage developers to donate and reserve adequate school sites, c. Partner with school districts to initiate State legislation that would allocate adequate funding for mandated programs. d. Initiate economic diversification in the form of commercial and industrial tax base to increase available funding for future school facilities. B. Land Use Compatibility/Relationship to Residential Nodes L Coal Develop a network of educational facilities ttist provide the greatest benefit to the residential areas they sere, 2. Strategics a. Coordinate with school districts to site future schools in areas that are best equipped to accommodate residential growth. 9 t I i i I ~I Drap -Replacement Chapter, Page 157. August 23,1999 b. Work with districts to debign and develop school sites that mitigate s negative traffic impacts. Devise "typical" site designs to help ensure consistency of design and compatibility with adjacent neighborhoods. c. Create connectivity between schools and immediately adjacent residential areas. Elements to achieve include: • Comfortable pedestrian and landscape systems, j • Reliable and efficient bus systems, and • Integrated school and parWrecreation facilities. d. Mect architectural and urban design criteria set by the L.,'. . C. Adequate Infrastructure I 1, Goals i Develop fully integrated thoroughfare, utility, and parks infrastructure adequate to sere each campus. 2. Strategies a. Coordin o City capital improvements programs with school district bond progrer , . Insure the extension of adequate infrastructure to serve each and every school site. Elements to achieve include: • Street improvements immediately adjacent to and within close proximity to each school site, • Sidewalk construction and rehabilitation immediately adjacent to and within close proximity to each school site, • Water and wastewater line upgrades and extensions to each school site, • Electric line upgrades and extensions to each school site, and • Where possible, the development of parks and recreation facilities that are integrated with an exis'inV or future school si!e, b. Assist school districts with the lo%•a,i~ n and con !r. u. pion of future schools that conform with and take full advanwge of the C ity's long-range thoroughfare and utility plans. U. City of Denton/School District Partnerships 1. Goal Frgage in as many collaborative projects with the various school districts to maximize public funds and the functionality of public places. 2. Strategies a. Coordinate City capital improvement programs and district bond packages for the; • Joint purchase and ocquisitioa of publicly held land that n:ay be used for City and school district uses, and • Development of collaborative projects like public libraries, pools, ~z playgrounds, athletic facilities, and education centers. b. Maximize the use of existing City and school district facilities for multiple uses - i.e. after school action sites, community education programs, to c c. EXHIBIT B City of Denton Draft Comprehensive Plan PUBLIC MEETINGS COMMENT SUMMARY Prepared by: City of Denton Planning & Development Department Public Meeting Dates: July 26'h, 1999 July 20 1999 August 2" , 1999 August S'h, 1999 r' August 9'h, 1999 ` August 12'h, 1999 1 f 11 c Introduction (Comment) The Vision Statement was too long and seems to focus en the University of North Texas too much i and not mentioning Texas Woman's University enough. A vision statement should be Shutt and to the point (Comment) The Comprehensive Plan should have regulations rather than guidelines. (Comment) The purpose ofthe plan should be more concise, (Comment) The plan Is a skeleton, the foundation in which the laws and regulations concerning grov. th is hung The pace of democracy is vigilance to stand up for ideals. (Comment) Long range plans are a tool that developers can utilize that promotes community standards Populadon Fosecuta u # ` < f Growth Growth Management Management and (Comment) Moratorium on development, Other cities seem to be able to accomplish slowing growth. Why can't Land Use we do this or make development provide infrastructure? (Comment) The intensity areas of the 1498 plan should be maintained. PD's allow diversity. (Comment) Can master plan development be used to promote utility growth? (Comment) Why can't we discourage growth? (Comment) As a Native,rexan, the type of development described in the plan Is "Not Texas", the City should put a moratorium on everything. (Comment) Density doesn't pay for itself, smatl tat houses don t pay enough taxes. (Comment) There should be some research into the cost of educating one child. A multi-family lax toa single- ram ily tax. (Comment) Iligherdensity growth is a deterrent to sprawl (Comment) Discouraging growth will lead to exclusivity of the population and no longer create dhersity. (Email) Iligher density may be controversial, but I would be strongly in favor of is, as long as the associated trade-offs leave plenty of usable open space and or habitat. (Comment) In Section 4, page 4 of the full plan (Entire Draft Comprehensive Plan) it states that there is a 4 3 d-A l ling units to the acre currently and proposing a 3 to 30 du'ac, This is too high. Neighborhood Centers (Comment) Doesn't see'quality' in the plan, Itdoes not protect City identity by removing minimum lot sires, Does not like neighborhood centers. (Comment) The plan has its heart in the right place. Walkability, and services should be tied to the neighborhoods. (Comment) Build schools in the center of neighborhoods of residential and not on arterial streets. Make it easy forchildren to walk to school. (Comment) There are trade-offs within neighborhood centers that provide much. Clustered housing around a common park or green space may be a palatable Irade-off. These trades need to be clearly defined (Comment) Within new neighborhood centers there Is to be transit'commerciat hubs. These centers should not oulgrow the market so that we build "planned vacant" areas. (Comment) Neighborhood Centers are problematic because we already have existing centers of retail with empty buildings in several areas. We cannot change the culture of the car. Businesses are not successrul as caner stores because they need population to support. (Comment) Single-usc districts feed the requirement for can. (Comment) Neighborhood Centers concept sounds good, howeve, design should make sure it is easy to consider heat, and other ens ironmental factors in pedestrianism. Downtown Ualsersity Core (Commen) Iexas Woman's University is building heavily around campus which is putting a strain on the infrastructure and on parking. (Comment) Universities make Denton what it is. University students and employees contribute to the economy' r esen if they do not pay taxes on university land. (Comment) The Downtow n • University Core needs linkages between the two universities and compatible downtown housing (Comment) Vertical growth should not mend beyond the ve.tical fire protection capabilities of the fire department. (Comment) The Downtown-University Cote actually states that university'studem housing should be located there. (Comment) The Downtown • University Core area Is good to see In the plan. It provides s great opportunity for _urcdcvet_opmcnt, provides areas for more affordable housing and university houshi Im roves and 12 upgrJde, the appedtilt e oI StrudllR'S I lo%kwonn. and pri id- her Ill IIII do, loplt Cnt 1r111„Ih tl'In n r11en1111.IS there hest all in, c,ti L,I on or re,cd% It Ill l„ hclt unitcrsluv. &Sier did Jill r'ln l inch:., st. &nt ~L Ill .I eru,rnl and houslrtL, " the C1n ,hou1J Ine uni, er,ils re,eanh into IhiS ksoe t It"I t ,c (1altinac,i li %islinL NeiLhhnrill I tn611 ( DITI[ ab I('omr11cul' kcv.irdmc nelphh11rhooJ cenlCrS. IIme are Suite csi,lmu nclchbwhood, rIluLh could u.c nci~h h11rhooJ u•nler SCl, iu dC,Chlpm<nt Ilbntm.ntl i Should Cun.iJer "HILCIIIAO" n, cnnnlra`e Willi dCS¢lopmm1l around C\111111_ in1i:1111MILITC (I Milli KCe„nunenJalJ,AhornvKII,InIllc(ll,.I\I indILtillrrhdinuto,i11Jenl1lou,ulunled, Ihi, IJSAfuhC notdd hatcJ cnnrdrn.rled l ill loCalc lou,lnp for,ludow, Iha: IN e1u,e to Canlpu,, and I, loc eted In it 1111 1,.11 IT Cd GI fiinlmlle nni,e rtd Iraflic Impact I(bmmentl I ha plan 1, no11dc11ill I he re,idlol, 11111cernCJ .1110111 1 liltield W11e111 hou,i11e 111,1, be mIn irn_ I,nsard, the ideal, al the pl,1n ur,ae than Ihe) IhmA 1l'nmrncnt I a,rlkld qudcm ht,u,i i;_ under Ihi, plan ouuld ri mccl rrtu,lt of the p1,1111 crhd'ia lleludlllL 01% iIIIIltilelll.lt pnmeli rl nalAahllit,, eIC ,IIil.lllI hshould llVlIle lhCle,pan,IbdItlCSOIC,r,anenClchhorhood,to .1wiIIIII•Itetolleee,tlldellt dwmitorres into the nSlghh,nfiood, Ihe,e ,hould he in the collnvc neiullbol'hood, 1 he majant\ of 1 e,idenl, d1 Not omit loIne n 1111In 1 ,IUJCn1 ho¢,ine neNbbor hood li,r oht iou, IGr•nll' IndoOri.tl It rnlcrs I( nlnnloll 11, Jn l 111du.a 1,11 u,e, t a, under 111, -1,111' `,file toned I.tnd 1t1J) 11;n1! it) he wovcd it wi iciii 111111 mdu,nl,d r.ra,t ill aCti,i1)he encuur,tl'Nit,lli, the i~nljn!ed i ndu,Iri.d email: (does t he 'I. p1.u1 do it 1Ile Pt.111,hould plnlrcl lIldil'Iri,ll k~ranth RcLional 1,I1tcJ-1'SC CcnlcrI it wivil. l l Kin \\,llSs , "1101 dta„ limo Ill Ill ho,llil:" Sand ercdle tat u,occ II 1nu11a11I A ill 1.Ilise ou( of h-un h1 Sh"q, hc,•rmc I ,1"111 like (rip a.,mmmcl,ll coiner, the ill 11 here is cnlpl~ I rnl,I' nILIA10 Ile,rn e,e,orc C(mirmrcial iliiu•d-l Sc Cl II I,Itnletl 11 oeJ lilt' Ile "lion hJd IN I,1,mc„e, plan 101 cool-qu,Ibq 0OlIlli cLd Jecelop[II01' lt' fit ill l l 1111 I I,c h de11S, 1, tilt -It 1-tart I i'11, n11, nth 1c Mon Cd In (wliltir IdI JrCd,. I( wilmoI1I I and i, ollet pt10h.1,Cd,µll,l,ic III" t ll~ t,eeJU,C ct it, Ion eo,t I L.nl do fie owtwl llti, ilkc 11111,: hJ,e r1,•ni" 11 J 1l II l I,, to,a-{, orl ten lI.rd t he ;'I KC Pl rJ„ I.11111 dLt.dC, HhCIC IfCS11111III)i l4e Ur, Irmdplaim 1I m,1li1 I1c.111 l IAe leI'll Anl c,Illl':"h qi p A,opal,ty Ialld-a,ec,1lepol li it I I a I Ittf It hood p lain I lan ,all tI11111111,tp 1.1111 he I,1, I:t, eJ IundC, Cl, Iped and 1 tr911 odl o a, to 4rcp nS dl.und C fu n0lion Inl•10 ' IIle kll, Sh",ll,hl'I It 1,r lo hJS 11. In,li 11, 1,c' It 1mu•I,~an I)C, e1.Il,cr „hnuhl 11111 be ;1,e11 Ml lpe OrT J It ICIU„a,rcapcl N11 C1t pdrl ul Illor p1,II,c1'1) is tJArn ap I'l tlo,ldphlln I hrrC,hoal,I 11111 l'c JIll mlt, Lri giwi fOt tlnodpl.Iin 11 1111lu, fill I he it Ill .1,1 of to elopin,"I r1 l'. Ill,.honld ma he pul,11ed J, Jrl option I( i ll,tllp III I I II, I :1\ ,hould he 11,11 Ill Iclr 110 ei"IM1 P1-1 t.' NOW In Iloodplmll,, nmt'1 cr. the ( it\ ,houlJn'I pn h l -font voller lousing ICommeml10oplreuis should not be cncoaragcd to deselopjItA ill all they weredenled to build in other cities. (Commenq Many people that tine in Denton can not afford to work In Denton. (Comment) We hale two universities that do not put pressure on DSSD, we also need housing for those i students. (Comment) It seems that the plan is %cry pro-mapufactured housing. How is the City going to have this kind of housing in the same areas as traditional housing? Where Is the place for them in design standards? Have them act like a traditional home lot siting. (Comnunt) Life expectancy of manufactured homes is half that of traditional homes. (Comment) Control manufactured housing with better design laynutand standards. (C'orununl)'Ittcre is not enough owner occupied housing in Denton. Thore are too many rental propertles that ecterioratc. (C'onlmem) Is there a may to limit the number of people residing per bedroom in single-family homes? (Corimi Can we require exterior improvements such as brick on maaufachlred homes? (Comment) higher decclopmenl standardscan be achieved if the "developer" wantsto exceed ]IUD requirements, and they could be enforced through deed restrictions or homeownlods associations. (Comment) flnere ore a lot of beawiful manufactured homesarouil us, (('moment) The Draft C'mnprehcnsive Plan is too open and has too many loopholes, It iI I , m m 1 I it, to wrll I I he rn'Iphl, nla Its opp0lnurnu1 1 ,ni 1114 :P aIIJh1e in l10i Ih, ill u,Inc h d, .Ilt.lhle. it lbr j lII.1t I„ri 6rhlrn611 it'll m 41e plJfl 1,6 t'rI I he PLm I I1ore, the Ir has lr rill al h, Ili III, 1, eI I1011 ph, 111 Gale l lull IL "llollto I III IIIR• Ill lllub tell InmnlrIL I'll hu,nlc,', 1111tedt rat ln,hlltr, ill hr n•_ munc, roll, the I, Ill 110 dl,ll'1 IIC1,,,Jrll, 1, ant wdU,lrl . fl'onlnli la) I, the Indv,nl,d 0Lr.,Itldlin,n 11lgln,l the :n 4711,11 :Ippr'l,[ 'ile 1k on, itenU II 1%: me to K ,nlco our Idx bJ,e. ,111,11 Lind III oi,lo tale, doe, Ihi pI'tn hJl e in nlinJ' I,IrJn indu,l111,1 Nh,a II Ili he ,1111nICd III mdu,11 Al ILIrk,' 11 Imrnle11n I here Ownhl he a M11.n1,I' ill urlllth hllx„'n ri,ld,nli,d and non-te,IJUt11dl u,0, in npr0n Glx ,tru,lurc.mJ ,cllnld., 14 I,rm11ult I hnpa0t lie, III I tx ahaknla11, - I,hat ire the IInkJ,_r, hrlll ern them' an ex,tnlp' it 11 00111pdnk II NI, III u011e ill III own JOld rl,l'11 e ,1 tar ib.il,'mero Il uuld t11cl 11111 Ile ahk to "I t NJu,IJOII III 11nr,I0kc,lddllnnlJlh.It nnlll 11041,pJI411 nt thd<it,h,ll c lU l.Ike up Ine,I.Lk nn alA l.Ix d,atrnlilrl, e. i, 011 U Inwn,11tl I dx 1'Jl0m0nl nrad, III hr rxtaanlod lo unrrn,, it does not mean 110 taw, Ire le%ed ae,un,l ,lnnpanle, I I rl I,l l %11111 three it'll 11 nIJ11, Ieeoe it ll,d .I I rp 11'II I% I I I I I I II I Irt) - fi ,r 11111 e+Pf I IC I I I11 l1, II 1, lx rove LI rind 111 1111,11,\ IIII t It', i h l) alit file 11, R,'r II IIt Ili, Oit Veil, h,nr eoi and nol II,(, r,rr e rlI 161x[ l'x,r n,iJ U. Lirlln e l ei I N I II xAl IIIIC ,tI I, vri ll, tit llolll ,uIII nc I he it I,cd, It, d„rlop In l n Ju.tilal',I,0 h, ",oli I'Ixe, I ),nlorl al,hll hd, l l" , ill ll, I.md I, III Ill lax,4,le he,nn,e ld in,nl ill win ,.uld the nn ix er, i l le, Il Lin line 1111 1 hero 1111111111111 Ill Ie orl n, 114 1.1,,1111, e, I, I Itl I AI and II'tn II III III'. e tit I 4.1.1I I1) I't IIle N,IIe, IIIY dl r„II% re l.lled to ill, Jlxcnnlloirtlllrl oI "el,.Itl' llnlll,ll le, I i Indu.rl Ii, IoCall in p1e0,'I knoI, it tut 4'011 Iltr,t) 10, ;IndIli sh) of IIll I l umt v, I dx d'JIOIr,N„hlulll nIrt he ,,III II 1nm„111 1rlma t,m,I ,oppVfl'lPlll„Ie, In t)erolal I he it ilk St' ari I lcnliI% tqt+l01r I wi!11,tit I R L Inu,r hunk ,dn,ul hitppnle Iit 1101tI,In Iir,4 I N11 In.1nv perplr ill the Illulhetn nre,t, of ill, 1101 ,11111t m Ilenl"ll 01 v, 0n knnu It hat It ha, III offer II. 1vnilmkl l ll,rh e1c,tl OtIl0 W110111 Ill nu 11.n11w.:111. 111 nn_ht nlll he medal quite ,0 mush I I, I w, ill I rnI nl.ro) pvnl•ll J0n'1 kill", Iil,It 11011011 ha, iw,J thopi,ilI11 e're p'tmle t1 the ,'bill "here II0 I I IIII, IC I I,Ible ,1,+11, 11 l' I rr It IIle II It 4111 old 11 it pol,I I kith Rl 11heIC Ill' I I c IIit dl 'Iin p ,Illire h,l,llrr „t'• iran,porl.uion (C'onturl Ilcrh can siuwcr traffic through ne(ghtxxrhoods be achieved' Ll- traffic calming txhnlqucs: Make people a" are of tit surrounding envirt. iment to stow speed. (Comment) Ito" do you force people to use nlher means of tram,por ation? Peoples behavior must change. IC'nmment) Add light rail to Dallas Ft. Worth and the Airport instead of adding additional lanes to f•33. lI'onunent) Stake is easier to walk and harder to drive. (Comment) Don't bring trucks through the center of town. Improve and complete Loop 288 quickly. IC'liniment) Huth universities state that they have many students commuting [low Is the City coping with this? Ale should have a regional transportation system to get people from Dallas-Tt Worth, or we will have to create more student housing within Fenton. (Cutiol 1t) I low about using a trolley system in Denton? (Comment) With the amount of new annexations coming into the City, would we expect to see transit service to them, including Robson and l luffmW Until there is inf ll to these areas, make developers meet all requirements to do their o"n Infrastructure. (Commment) Various modes of transportation will not work. because we do not have enough people willing to ride transit. We have Ito have the population to have transit services. (Comment) Right-or-Ways should be increased when purchased in order to expand roads in the future. (C'nmi Mass transit should not be out of our reach. Provide for transit connectivity in the future. (C'ommeot) We must have inlercort wily of centers, transit and population. (Comment) Regarding the expansion of the airport, not everyone is In favor of k. when will people steep? Will it elfcct our quality of life? (C'ommeol) [lecause of the lack of goad paying retail Jobs in this area. people have to commute southward lowards Dallas. Glad to see consideration of alternative trtmsportatiors and the discussion of rmploymentand housing balance. J (Comment} I low can we encourage people not to drive their carx7 Currently each person through taxes subsidizes the car to about SM a )ear, Could those who choose not to have can get some son of tax reduction, similar to a reduction of utilities payments for energy efficlent construction? (Comment)Pcop[e can change their behavior towards alternative transportation, use of different vehicles, and alternative ri (Comancn) Litrorce against the running of stop lights. (Comment) How Is the City going to get people out fur blcycling lpedesrianlsm who are )'ou expecting to do 1I C ~ III I Water San ices (Comment) For water conservation require every structure to maintain Individual meters. (Comment) Concerned that there does not seem to be a plan for a new wastewater treatment plant in the immediate future for southern Denton along the Hickory Creek watershed. (Comment) Existing residents should receive water and wastewater, even ifthey eartlafford to build frontage infrastructure. (Comment) How I+ development around Lake Ray Roberts going to affect water quality? Is the City perfonning a water quality study? The Utilities depannitnt is currently working on developing a scope of services for a water quality study, (Comment) How much water do we have? (Comment) Should uses of Lake Ray Roberts be limited in order to protect water quality? (Comment) Is there discussion of water conservation in the plan? (Comment) Can we look at the method we use to finance Infrastructure? Make developers pay costs. LWAPINW. Stormwater (Comm ml) The drainage channel along Indian Ridge is unsafe and should be concrete lined. Drainage (Comment) How do we deal with floodplains that already have been channeled? How does the differentiation on the map deal with floodplains? (Comment) The current central library exists in a floodplain. Future plans for the library wouldn't fit Into the plan. (Comment) Don't allow buildings within the floodplain area. (Later) There is no mention of the role of tSe two retention ponds at North Lakes Park. The lakes are very shallow and as they silt in, their value as flood control devices is nearly nil, which will turn them into muddy plains. We" kl '4'4144'" 1400 l.lectric No Comments p & Environmental (Comment) How does the plan address t e usage o pu be transportatron to re uce the negative affect of can Management on air quality? (Comment) A study in Atlanta stated that density without open space may cause more pollution. More large lots may provide more open space. Note: Staff read this article and is convinced this observation was misimerpreted. She article Is concerned with the effects of sprawl by cousins pollution. (Comment) Don't allow buildings within the floodplaln area. (Emait) A Denton Tree Farm Is an excellent idea to offer local businesses a chance to beautify their property at a minimum cost. (Finail) We should create an urban forest that distinguishes Denton. There are so many areas In Denton that could support a tree, So many businesses that could plant undentory trees. (Email) Back about 3%, years ago, the City Council passed the Urban Forest management Plan. What was the role of the Urban Forest Management Plan In defining the paramehn of this Comprehensive Plan? r - IS UrSaa Des gr, (Comment} Crean, g vtl gap wi lea to create ethnic arse aym w n dity, (Comment) How are we totegrating Into an "urban" cnvfronmeot7 We should follow guidelines to create permeability 0 listed in the (urban design) section of she pion. (Comment) How are we going to eccompllsh thls design 7 Page) li ls weak, Whik pager 115-11 d arc sLong.: } l)trpage 117, will the City deelde what is good design? (Comment) public art spaced at I ace or 3M square feet Is too small, It may ire its hapact ar bring some undesirablgtypes ofart (Comment)AZchitectural diversity Lgneersary to maintain the uniqueness of Denton Horoogen sus design Is not desirnbla (Email) Our parking lots need shade. She City should encourage Neal businesses to ptat by offering "Trees for Free". Somehow publicize those businesses as a reward to those who make an effort (Email) Encouraging public art is a wonderful concept. I would propose we do more than encourage it, whh, something Iike a I st tax for public art (Comment) What does the word "partnership" mean when the City states h will'partner with developers. What will LSe City do,und what will the City make developer do? (Page 116) (Comment) Flow are we going to preserve, upgrade and provide connectivity to existing neighborhoods? Does _ the plan addrela these Issues Ilntoric Nu Comnicnts - I'rr~enaliun ng a cyc ape an system Into exi hog nei Mme The Street (Commrnt) Is it feast "o orhoods may not want or never gel a connection, need wide to aeconsmodate parking safety and biking. neigets hb to be (Comment) Stre (Comment) Who will have construction end maintenance responsibility for allcys7 (Comment) Wider roads cause increased mach lenance. (Comment) find ways to Ineorporite mote perk?ng for neighborhoods so that people do not have to rontlnue to park In their I ant yards. Can small parking areas be lnrorporat<d fnta the dntgo of the blocks? (Comma t) Parking should be placed in the rear of eommm a(instead of the front (COmurent) Allow parking flexibility • land eouti be placed in escrow for future so that larking lots don't have to be built until needed, if ever (Contment) The narrowing of streets should be discouraged, with more on-street parking, (Comment) I don't like alleys because they can become messy, unkempt, crime, Against nwowmg any streets. Should allow up front larger ROW for future expansion. (Comment) Use circular dives as shemadves to alleys. (Comment) Single family homes need to provide necessary parking. (Comment) The City of Davis California Is known for less can when bikes, pedestrlanism, and trash was made available. They also allow neighborhood eenten and they work,'fbey also have lots of open:' space and parks. (Comment) Bicycle ownership is down across the country because of dangerous conditions In which to ride. (Comment) The City should do away with barriers to biking and pedestrians. Crossing University Drive is an I, example of a dangerous road. It creates a barrier for travel. . (Email) For a town with two major universities I am amazed at the lack of bicycle lanes on city street. The City,1TNT and TWU should coordinate to create a logical br'k_e path transit system: , I hs I J(•r lCurnmuitl I 10 sdQC nl lean, rna6r Jr,iiFT s pn„rds mfr.- unirC. I he l'iq ehoold be ti i g h c r on 1 Jc, cl, pen in thor imraet on inN,utructurC ant r•, . u,rlity. I I Il 6nunicnl I I hC ilk ho"Id no h.n c .nrn ur the I I I on the ' side oi'thu innit} 111i, or north of Lakv I ce+,ihc \ou and onC ears Jvselup 4,rrc a ithout canJnions anJ orate a nrgalise impact on ,,.,ter qualm tC,aum.nn Doc, Who (l1% A) Krum lm%c iris sat in our csrml+ion' j Schools (Comment) Tie Khoo(D sr sin's ability to fug sc ooii is ese- 6 oae pnpu ar on m property vac ue a the area. How Is the City coordinating our planning efforts'with the School District? The Stets of Texas has funding formulas based on capacity and funding capabilities. We can either lose or gain as"4tance easily, The Schools chapter addresses Issues of early IkVfsltk)n program's, Joint use facilities bcr*"n the City and School District, and eanpa6bie siring of schools , 11 (Comment) Now does the City work with school district funding from other Cities such as Corinth? Argyle pays tuition to DISD for high school students since they do dot have a High School In that district (Email) the City must solve the crowding problems of DiSD. I think It needs polntmg out that the distrkt covers much more than the City; presently being approximately three clines as lane as the City with regard In square miles. The Dfsulct needs to build schools outside the City sawell as lnsida the City. (Email) The DJSD Board of Trustees should ba heldm lbld for the wth (n the D pons Vo iaMct, nbt the City: of Benton. 16 c u Maie!enance and No Comments Enforcemcnt MEMO Imp cmentanon (Comment) F ow Is: plan implemented? 1 op w much leeway does the City Council have!2 d.-cline adhering to the Comprehensive Plan? Further regulations should enforce the Ideals expressed in the Plan. (Comment) Plans in general seem to be elements of the prevailing politics. Are we going to stick with the plan once it is adopted? (Comment) Where is the revcm a coming from for the Implementation of the plan? (Comment) Want the Comprehensive Plan enforced and used, not become a shelf document. Establish procedure for any changes or amendments. f ,A.~ r:. 17 , i c. EXHIBIT C City of Denton Draft Comprehensive Plan WORKSHOP COMMENT SUMMARY Prepared by City oJDenton Planning & Development Department Workshop Date. A ugust 14`h, 1999 I A i 16 In IIIIIII i 11 111 Wnler Sen Ices I, The City will ensure a long term water supply for a growing community. The City will provide additional overhead storage facilities & expand water treatment capabilities to meet long term demand conditions. 7 Commenn: Q G7; Take care of Denrom first, then to than who wvaler if sold. Impact fees should not he charged to lnflll, only on leap-frog development CfarIfy w-hat is tvpected. 2. The City will construct improvemcnts to transm ission & distribution s; sterns to handle demand associated with population growth. Private b developers will be expected to participate in the cost of improvements in proportion to project impact. 3. The City will prepare a water conservation & drought contingency programs 7 Q to conserve water and educate the public. Wasuwatern 1. Protect surface & groundwater supplies from contamination. Lhnh the quantity of wastewater dtscbarges irto Hickory Creek to protect the water supply by providing wis-stewttter services. Actively monitor & enforce regulations for septic tank systems used to alleviate potential water quality 7 Q problems. Commend; GIc Most hachrde all watersheds i 2. Expand the Wtillel all use of wastewater effluent through treated reuse of wastewater to large scale customers which demmes costs & reduces raw water demand. 7 Commratst G L• Need mote ormetlox. Solid Waste Sen Ices 1. Provide efficient, cost effective collection of solid waste, ensuring proper disposal while encouraging waste minimization, material recovery & reuse. 7 0 Commenn: Gl; 31'anage and conserve. Cost rffrellve and reliable service. Recy~cie. G'7; geed en allow comprrhinn. 2. Construct a hiolerial Recovery Facility (hiRF) at the Landfill to recover recyclable maictiah & bale remaiW"S solid waste to reduce disposal area tcyuircmcnts An issue Is the willingncssof Writoncitizens to pay higher solid "rite collection rates to build h,e SIRF and extend landfill life 5 2 Contmenn; GS.A'reds ipecolclq,. Wore study. Ck4ens to be well informed on all roses and options G7; Can'i afford. ectr c Serv Ices 1. Ensure electric utility Installation & operation is environmentally & r t aesthetically sensitive. k , 7 Q Commenh. Ga: rmpAimiI round tafibles, 2. Use cost-effective metbtyds to develop & mdntaa the eleI system & 7 Q rovide safe & reliable mlen to meet future deittattrl 14 it I~ Agrev Disagree Stormealcr Seri ices I, I. present the additlan of neu s',cuclures in the lw-)ear floodptains in order to reduce flooding, improse eater qualit) & protccl ecosystems. M%ctoper dedication, cif) purchase, and density Iramfcrs hase been identified as potential tads to prescne Iloodplalns. 4 3 Cnnunenn: GI: There are too marry rarlables in thlr question. Gi: lgree to concr7rl, hot ha+e ub)& rions to densty, G6: Conlrnl, discourage and Tr prevent. GI., 1'oo hrnar! nerds a larifieation Creale a I00l scar Ilardplain land use categot} that protects the 7 0 huin K limits rMaination cf na>,plkin property to mavimite _ drainage ssawrqualir) manaicmcm. F.mirenmental - Management I. Permit higher densities in order to preserve, protectk enhance important natural features & habitats. Higher densities make ahemative transportation systems R protection of floodplains k natural environments economically viable for the City to service j while at the same tin it reducing pollution. Commenn: 3 4 G7: Density Issue causes problems. need to be eware of income lered and need housing. lligher density lint the solullon. G6: Permit higher densides with higher gaatfry and enhanced design of development GS.,agree only under limited circumslamen GI: The second sentence b loo broad for consideration. Disagree because of dessly, Issue. GI: Loner densides and promote environmental concerns. _ 2. The City Will acquire s preserve open spaces o hlgh ecofoglcal _ value lot A at er qu a lity, ecogslcm,S drainage management. 0 3, The City will require developmcnis to protect natural resources & ecosystems, the City rill develop conservation d dceelopment priorities using a method to evaluate, rank & rate assets compatible with dcvcloprrtcnl. 0 Comments: GI: Cansfslrnrkr re ardlns r jderefn meet ~pe~~.~ 4.3he City ein Improve air qua its t t ou+ comprchrnsTve programs, such a-, alternative transportation systems, regional programs, federal k state requirements, d protection of the urban forest. C'ammenis: 0 G'7; 11 ha pgvs for transportation systems! rederaf law should take care ojthls. Traffe control Get more Inswlsrment in signals congnllon G6: Strong emphasir on preserwdon of trees. Ptoteil prairie land Protect urban jorest Preserve the natural character of the land G7: There Is some concern In the meaning. i 5. 1he City will employ a watershed approach to address water bodies 7 0 as natural ecological systems R protect R monirorwater2ual_ :n t • , I II III -I I Transporlslioo The City will redirect its focus from Single-Occupant Vehicle (SOV) solutions that depend on constantly widening and building new stre Ifixes ets, and wild begin toconsider amulti-modal solut on that maximum m right-of-way to minim ire environmental Impacts & economic costs & maximizes quality of life benefits. Commend: G7. Need to expand Its New to a reglo.-tal basis. 5 2 G7: Dependant on land use. G7r Need to coordinate with TxD0r, G7: Any Implementation needs eR$en Input G6: Encourage Movie and pedestrian anlludes G6: Denton needs to become more "blcyele friendly." Ge: Instead of "redirect" use encourage. G3: Emphasis needs to Include upgroddrepalr of evhting SOV Systems. Gl: Addldonal transportation n dons, still worA with SOf i. 2. The relationship of automobile use to the transportation system should be focused on use of higher densities with travel demand programs including education & muhi-modal transportation systems. 4 3 Commend: GI: Statement Is unclear. Gl:1.1mired use of cul-de-sacs In SF developments G3: Sratement Is too vague, Il'ashlngion DC Iransh systems are good era le. 3. The City will use level-or-senice standards, develop Intelligent Transportation Systems & improve commercial transportation d 1 mobility, including regional Interconnections to maxi^ize the effectiveness of the multi-modal transportation systerns & reduce SOV dcla s by limiting their use in higher volume corridors. The Street 1. Neighborhood streets will be designed using interconnected systems that allows diffusion of traffic & slower traffic speeds, with smaller block, allowing increased pedestrians & bicycle use. Use of alleys is required in more dense development. 4 3 Commend: Gl, GSA G7: Agalosl allejs (3) G7: Need fo clarify that this applies to new neighborhoods G6: Qualitative asptel to afleys. GC Insleod of requlring o/frfs us, : ncourage. 2. Collector streets will provide better visual character, reduced speeds, encompass neighborhoods allowing connectivity, have shorter block lengths, use traffic calming techniques, bike pathsd r walks, mile% venial Integration of mixed uses, has street trees & special design features. k Comments: G6: Stress vlutal character. G6: Street trees and special design features must be adequately malatalned GS: Il'ant cul-de-sacs. roo cowolured GI: No shorter black%. ?hrStreet (Continued) 1. Arterial strecls seise to connect the Clly with major circulation routes, include plantings R medians, hike lanes. sidessalks, transit nudes & hus .,acucs, utiGtc access m:inagentent, special design features & allua s scrtical inicgration of Inked uses, nrnmenh: G!; Jlharlsrerncalintegrar6m! G.J: I'erncal lnlegranorl appropriate in rommerrlal er tit. Sot in d. 1'tilities sill he constructed a ith development & placed primarily iit alIv)%scparured ii«o e ct & dry components, 3 ~ ('ollrlrtl'1111: G1. G2 A Gs: Put utilities In ulilrh easrmrnh (.J) S Strec•ts"ill use ohcrn,'oematerials. cumpuhhlelighting. signage & inhrmimion sys!cnts, street trees & landscaping, site furniture & irlcol'p,Vate transit features. C Imrntears: Gtr larprocethe crnnlsreni:v r/srrectnamcr in site ('!o'. I Ecutlomle Ducrsificallun I. The City will encourage it strong, diversified & self-sustaining economy with a wide range ofemploy'ment opportunities. euhancin local ownership & expanding the tax base. _ I 2. lltc City will provlde development inccnlives to encourage businesses & industries to espand & locate in Denton that meet economic &cmificulion criteria far wages, capital investment, future growth, locate In designated land use arum of the city, use en%lronntentally sound practices, diversify the economic base, & keep the workforce in Denton. 5 2 Contmenh. : G! A Gh Agolnsf tat abalemeah (2). Gd: Tha C by should 'consider"development Inremlvey, not provide. G& Encourage high gaaltry businesses. G7: Concerned about tnCO N&M G7. Need to Ano u rrho oar +I or(forreJs 3. Economic development practices will focus on Industry business recruitment defined by a targeted marketing plan that encourages market variety & tax base diversity. C'ommenh: U Provide uliflrv es7tamlons with specoc development contract 7 N., n) require hiring ojlocal cirkens; b) reduce tar abatement x'lrh an inceeme In overall at dollar expenditure jot atlflp' and hrfrasbus tore ester, a tons. G f r Phis garentenr should t e defined more. J G6: the ( to marketing strategy should be followed by the Chamber J that receh•n jundln _ 22 i osrkkj4jk oin IN It, IN t% BN IA M 11 Historic Presenatlon 1. Identify & crease a ditional historic & conservation districts. protect historic sites by encouraging landinark designations, & promote historic tourism by actively pursuing preservation, t restoration & maintenance of historic properties, Canrme'nh: 7 0 I III. llhforle preserrutian shoufd be 6p cid.ens and notfunded with tax dollars. II"hutIr our history?. store clarillcation at to what is h1vork & when doer an order building not be Aristotle? (if moved rum or4inal location) 2, Protect remaining arc co~Fogica1 resources by ensuring remains & artifacts are not disturbed svheneoer possibly Contmenw 6 E GI: Prolervion PlAthlorical places mail also be reasonable. GS: Question or to the use of the word "dArar6ed." G6: "Preserve"arrirjachlnsteadof'nolditturbed." G7: Thh is nor the city's place to skp In. There should be oprioots. Urban Design 1. The City will develop amhitectural & urban deslgn standards for all uses. now standards will be utilized to ratse the quality of design In new developments, Comments; G!: Patablish guidelines and monitor with an emphasis oil 5 2 slats dards and materials. G!: There should be epee speryleguldribrex Gd: Reevaluate to reduce subintlvlry, G1: Questfon of degree. nesrstandards must be consistent with the M'holl city. G1: P§AatIs meanlbyincreased life Vans gtbufldingst 2. New developments will complement & reinforce the urban 6 1 ! 1 structure within Infill & new developments & create structures that have life % parts well be*•ond their orlginal use. J, Architectural deslgn will Indicate creetivlty, innovation, quality, structural longevtty, attention to detail & understanding of design principles. commrnn: G!: l4pplies to quetlons W) Need separele cken oversight jar 6 1 Non florins and t.,torcerr -sit of alcMucntralslandards G.f: 2hestshouldb ateiNg tpchhrrtunlsrandards GJ: Change "Indicate" to "allow." G6: Reevaluate • agree on quality and longodry. G 1: Don'l 11A e the possibility of being dktaieder to what Is accruable. _ r I 23 L DOW o f a 9 4. Urban design will reinforce astsbiisbed character, 0"ulatlen networks, respond to the neighborhood context, preserve natural features, & create attractive, well functioning SPAM for destrians, 3. Public art, historic coaservatiotl, trans portatwn infi ustructure & signege will enhance the City's urban form, reduce negative impacts on the urban environment, promule the rouse & preservation of historic features & expect public art In landmark locations to define locales of the City. 7 0 CaayMeafs: i Gir More itl&hlen of slgttagr 05: Caiol aMilcalk s of dt! growth he fiarrnt sera ft a, 06: Publk art on pwblk property. Do nos aandi ie art jet pirMwle 6. New neighborhoods will meet the gtowtb management strategy by using the neighbodhood centers development typical of Urban Village & Transit Oriented Design development patterns. e 2 Continents: W: Coarprsctgrowth Rreas addmaei G6: Good aR! o►r dewlepnrtnh i 7, New neighborhood design will exemplify quality of life objectives by reducing sprawl, using compact development design pattents, reducing utility extension costs, & meeting transportaom, walkable community objectives, open space, design & environmental goals. S 2 C ohtrnsenb: G? d 02: DhRgrte i)erRtise oJdenslty probletnc f 1) G!: a RR rte"with ehtlmfoktdltiehkk - Pa r k%, Rea real lox it n d Open Space I. The City will prepwea Parks Master Plan to address parks & recreation objective, city needs, acquisition & development of park land: that Include a unified greenbelt & trail system, & funding of these activities. 0 entr: GI Str C11rong(v agree with this statement G 7: I l e already h ore a(arAs &n. 2, Ensure adcquale& equitable distribution of parks & open space; coordinate planning of parks, open space, trail & recreation facilities with urban design, transportation, school & ensironmental objectives: ensure costef ectise provision offacoitics; and, ensure that facilities are responsive to the changing nrvds of ourCititens. 7 0 , Canrmenat i ' G1:.Tpec(& the nerd for nelghburhoadparks f . GS. Opposed to the last slatement Park spare should not be 1 jorjdrrd. G'L Too many entklei 1nr.7lstid tit tkls.stditment ,feed id be anared they work hr eg rl er, _ 24 C ' 1. Ma tuloctoW housing should be sliowdd b a}+ec IBed am of the City, under ape bundin code A design standards guidance to insure longevity dt quality development. GS. Y*"I1 WftNlHll It 1MCIIle Will UIbfN btdle dlOll7lMMf 02. 0: Ave sh*W be dhna Wk a to Mtn end kcerion. Gd: Cketspe "sboold" to "rap " 61: The Drsp! CoN%%n*mrk Man doeea l rdsee if Air wry. C!: Sin k Jk~ 04. No PW*& Eurenwb HIN" Nd rery drrln dhndxdt nNd , 2. Allow dense mixed-use housing, tudvmky based housing & urban style units within the designated Downtown University Core District k commercial centers. l" nrnsrrth: Ct: shopld o* oplrly to DoWnmwN University Cora ` rf: f tiers shield be lbsellir q plh'd la this. - , GI: Downtown d/ t mLy Care shoarhd k redeiked darn to the Nkh~erdhln. Gd:Xedeftnenstxed-wild $ 2 dd. !n eominexkl cenlen, Need a trae tale oJredhk+sNo! NNbd. Gd: No Is of- concoftAor Of *parooWsrb. Gr: "al b secret jVe#M clnro. GhSbor,IdnYJncorponhdndmeheadb , K:oeoNawrcklcmkn Decease they are targdedtowa►sts xNAnA, Ally should be by the NnlvenJtks Staderts hoashrg not near to Nnh,ershles pronam 3 Gtr Need a better Id/bchlon of consmWel renters. 61. tack type mst be biA., aqy enefytell MNdf slow am" hoaslN and OWN-family! 3. Assure attainable & affordable housing through programs, presmailon of exLoing housing stock, honing assistance, diversity. of housing pock for all Income & lifestyle levels, & ensure housing needs are met for the projected population it G& Now ern we euakJronrB tai to del, NMil+tib east A H e soh strive k ihtaLa Shald bf dkslted k: wAei we tort ~ , a . a r , :s ~ , 25 Agree Dis.igrrv Schools I_ Descfop review policies for joint iand acquisition & development ol'school sites vvith parks through coordination between the school districts & the City, 7 0 Canuneruv: j G6: Strung/v agree. 2. Coordinate land use cninp;alhllity & relationship standards for school within nei~-Ihhorhoals R establish typical school siring standards & needs. Prepare resieH' policies for school sites in relationship to residential devcloprucm projects to accommndarc 7 0 needs, C'unrmenn: G7: Srhoed Rawl vhoutJ he considered. 3. provide adequate facilities to accmnnukJate anticip;neJ student growth through the planning horiron. foramenrs: 7 p W., (hange'furitilirs"ra "irrjrastruelure. " G6: The Citt' kill encourage new vehnal she dedlrallons jram Rcsidcntial Laud Use 1. Guide development to promote a diverse housing stock for all Inc, mes & lifestyles, limit spraA1 by allowing htghcr densities In Nelghborhood Center developments that are close to serices, NO ail workgroups dealt schools and transit, & demand quality through design & with these statements. construction standards, Comments: G1: 0; hh quality I GI: IF Ish adequate infrastructure In place Inch ding schools, 4 3 G7: Coming to a conclusion with this statemenl make use ojthe area we have and not over dens j& jjyou encourage inJNf, then that's how !r should be stared G7: Queuions ojmeedog projeceed demand by sacr(Jiclag the gaohryoj +•rlh•es. G7: QuetA taut how much of the percentage Is deroted to dertshy. he cord lr balance. Gf: Enforce standards wlrhout earlances. 2. [mure a boiance of future residential developmetd, meet projected demand, increase housing opportunities In the core of the city, 2 2 protect existing neighborhoods, meet environmental concerns & deliver clTe ent services by allowing higher densities in desi;naied new development areas, 3, Ilse design principles fur new developments that ensure quality, reduce sprawl, reduce utiiRy costs & meet transportation & crnironmental goals by using urban village design & transit oriented design standards. 3 1 Commenh: G7: Does ehh arena that wr reill no longer have neighborhoods like we bore now? Entourage dnlgn prfnrfples N e do not have to _ sort{Jkequafltynjlljejordensiry._ , 26 ~~11111 ill IRS 111110~ NnidvaI1wh u Continued 74- Infill development will be In context with existing WShborhoods by ust, architectural Kate rte desig, & urban development patttrus. 4 Existing development will be proteded b basuro htfill development Not all worlrgronps decompatibility. with (base statements S. Densities for new IaLli devc*ment will be compatible with designated existing oetghMoods, new development fn new 3 Z aiighborbood cen*'vertkid mNod uaee, dc;emtuoerelal activity . , center! Art higher densities to meet sustainabitity goals. Nesidentlal Density Issues 1. Should different residential densities be allotted in accordance with the land use plan? (Questions) CoMM •nts: GS: y'es Not all wo6groups dealt GI: Dcn.slq- transfer prohibited (net buildable property) A't waid amenh?n (dedication) eith These questions Gb: Yet 1 Should smaller lot sires be available if some people, such as senior clOens, want lower property maintenance responsibilities? Comments: GS: Zero lot should be In Alited use area to allow for drainage, there should be surface transportation Infrastructure and school capaclry comprom6e. Diversity should be In new nelgAborhaodsGI: G1 ,11a1nrain balance-quafiry In zoning. Property Mues for current owners - schools should be considered, G6: Fes 3. Are you willing to pay higher utility rates and property taxes In order to ensure lower density residential development? Comments: GS: flow Much more - speco7cally - are we w1111r.g lo pay? GI: Encourage other revenue producing asrnues such as lmpace fees. This ft .sprawl concept Dense areas to hate green art. 4. llow should the community reconcile transportation and air quality problems that may result if sprawl continues to promote auto dominance? CommrnN: i GS: Fmphosl,e public transportation, parA and rides. GI: Greater pardelpallon Inpubliv transportation. Integrate whh aar- l'ser friendly public Iran ipotlarlon. G6: Encourage nelghborhood center, b1Ae paths, shorten trips within !!ring area and redact longer !rl-- 5.1'he drail plan recommends allowing limited lot sire OexibiIiry In new residential areas by using it "dwelling unitsper ace" measurement. The intent is to allow smaller lot sires in exchan;e for open space amenities. Density would be allowed to increase, w ithIn IimiLs, in proportion to the amount of r coin mon open space and amenities provided to support neighborhood residents. Do you agree with this concept? What changes would you propose? A Conortenls: G5.- A rardable he'rsing should promole value not cheapest Need a clear tntrilonism to ensure "deed (provides balanct.) Gl. No. _ G6: Needs halance. We do not want to took llkt Plano. ( onrepl h acceptable. J 27 i Residential Density Issues (Questions) 6. The density ranges proposed for existing and new nclghborhoods are similar to those already found Continued in Denton today, although the amenities provided can vary significantly. Please name some suhdivisions that etemplify high standards of Quality. Not all workgroups drill with these statements. Commenh: GS: Dales of f lontecito (ones that follow deed restrkrlons), Cooper'i Glen, Jane's NeIghborhood (1 adra),Den fa,ldiot's Hi1L'Lo wet, South ridge I ROgecrest Chcle) GI: Northlokes, Sourhrldge, rorreserldge 7. What specific changes should be made to the targeted residential densities table? Commenh: GS: it ill accept Algher denilo~ if only done In small groapingL Hhal is the highest density in Denton now? GS: H Ain eviuing residential 15 units to the acre, if corrrplec Is limited In rfce. Encourage "quality" on infeil with higher denll V GI: rotgel detrOles should he based on net Plan densities are loo high. Commercial nd Use 1. Maintain & enhance the balance & accessibility of commercial Not all workgroups dealt land uses & property values, limit strip development which causes with these stalemeots. traffic congestion & destination targeted uses, k demand quality to enhance neighborhoods by protecting with design standards. 4 0 Comments: Gill: Design standards with queNty. 2, Organize land uses to provide for diverse commercial activity by providing neighborhood center son kes, commun ity activity centers & regional activity centers which allow vertical Integration of uses Including retail, commercial, service & residential uses. 3 l Comments: GI: 001116,11 are not clear, HAat are tnyrloynsenl eerfea? " kal housln f" differstom what hr Li ire haorhood centers? lndwtrlal Land l'se 1.Organim industrial land usesto minimize conflicts with adjoining Not all workgroups dealt uses k develop under transportation systems that meet those needs, with these statements. ikselop industrial land use categories that facilitate different types of development from heasy manufacturing to light research d 4 U development & high!ech industries. Comments: Gl: Dsflnedeavlopnent. 2 thve',p performance standards to protect the public, design 4 standards to enhance quality. & restrict uses to those meeting ecnuomic, employment, environmental & tav structure oats, v Clvk and Pub le Land Uses I. Provide distinctive public facilities to lead development by building landmark structures, enhancing pub!k corridors, providing public 4 Not all workgroups dealt facilit'+s equitably, & by providing neighborhood to citywide with these ststemeots. faOW,& ~ t 2g _rraa:~aaart~ r I I I Special Districts 1. Create special districts or master plans for the Downtown Not all Aorkgroups dealt University Core District, Ray Roberts Lake District, & Denton sslth these statements. Municipal Airport & create a separate district for the IWycar 4 O floodplalns to conserve & protect these sensitive areas. I Comments: GI. Disagree Oh f'nlrersiry Core doundarlim Land tTse PGta 416 DistrkiLocnlloss 1.1011 carfl lairs . 01 { Not all workilroups dealt 2. Exisdn Neighborhoods l lnflll Compatroility 4 '0 with the plan. 3 1 i 3. RUH Dwrlcts i 4. Neighborhood Center Z Z ! Cansttaentr: G7: rte bnaie of dmd& bsrL 5. Dowtsto*n University Core District Coswrsastr: 2 2 C."..Iree mr~ bf I3! 6 bwautNerrt ~ ;±y GI: Needs to be erMde"tA 6. Community Mixed Use Centos GI: Areo aroand Unlrrrs Drhv reeds to be clap 'r. Regional Mixed Use Centers Cosnnsrer: 3 1 GI: DWI Awsw denslakv are ho derasa 3 1 S. Em 1 mint Centers 9. todustrial Centers GliYeedmore V&Yk Mail' b! !N" L w. a ; .ti i i r ~ { r t 29 III Residential Land Use GROUP 7MIES Density Densty should reflect for SPstart is-irk I per acreforeach section and I forn.• 1ld family. (Top S Nuts by Group) Nigher density does not equal lower cost Tech the for acqulhion of lands, at7! Iles etc. In someway the laxpayer pays the bite Developers need to contribute to school land acquisition. rkey bring the population, rhey need to support Nave f rellitles . roads, buildings, schools before development Planning fermlrtology Is dWkuh to understand Be tealhlic about ho w the pro vide affordable housing, GRO UP S ISSUES Accept higher AfuhljamGy density while complec sire Is limned, considered In terms of higher quality. Nigher densIV as lone, as eke Ar efopmenr's "connectivity "belongs as parr of the sense of community. Crowrh prlnciptes. maintain quality, quantlty, location and timing. Plersity in new development builds community conneesi eness. A balance of all elements. GROUN fSS Standardized net acreage/ density calcufaltons le: whk or without roads, easements, part - all the same. Adequate faclUdes - k: ss pools parks, roads, and son-lets such as solid waste. More speclykafly dejlned areas - Neighborhood Center gw•Aere does evisan.1 slop and neighborhood centers stott? Quality and dernlty are a neces!to,. Slabifity building for a long range neigh barhood. Standards or S"eloched Prorecdort or eclstin neighborhoods. GROUP SSUES Nigh quality standards Limit ambiguity in plan City needs to enforce existing regulollorm Perrease neighborhood densities over what's recommended In theplan. Reduce •prohthis multyamilygrowth un11160-ID ratio It achlard Sign t icandy 11mlorokIbis manufactueed ;rousing until sirkt codes art wrhleo. Aeighborhood schools • it priority with developer dedkodon and porrkipaelon. Move emphasis on higher scale housing • No to M affordable housing, No h development waken, Need or reservation and urban renewal of eslsting affordable kousing. GROUP 6ISSUES Adequate publiefacUkies (school; open space, parks, roads) must be addressed to higher denshles. Alternative transportation modes (bikes, foot, public) are to be rncauraged ' Reduction of sprawl and trip volume. keeping balanced and diverse growth a priorlty, so as to encourage a mis of densities citywide. Encourage the preservation of indigenous ecological featares (forest, prattle, creek, 6Itis and other nmuraf~/ealurrs G OLP1lSS[F~v Quality standards, con_tructlon fife, rode enforcement, properly values. Concentration of truhl family units rranshlon from eclring neighborhoods to new exponslon. Street width in terms of safety and traffic flow. Rethink rkt use a ali s t r~ i 30 t EXHIBIT D SUMMARY OF PUBLIC COMMENT : b AlFJ C011PREHENSIVE PLAN (FROM AUGUST 24'", 1949 STAFF REPORT TO CITY COUNCIL) Oppositio As was expected, the debate regarding residential density issues dominated discussions at the public meetings and the all-day workshop, Responses were varied, and covered the whole spectrum of opinions. A majority of the attendees spoke against the slightly higher densities recommended for single family home development, and against the higher multifamily densities, particularly with regard to the range recommended for the regional activity centers. The sentiment expressed by many was to require lower densities while at the same time requiring a full array amenities such as open space, trails, hoodplain dedication, compliance with design standards, and other elements. This concept was evident when comments were made opposing "gross" density in favor of "nef' density as a measure of unit` per acre. A few people indicated that Denton citizens want "urban sprawl", and challeng,d staffs assessment that sprawl will continue to raise the cost of city services and threaten environmental quality. Some people want no growth at all, and want to make development requirements so onerous that no construction can occur. On the other hand, some comments were received indicating that if quality development could be ensured, slightly higher densities could be considered. Other issues debated by several of those who attended draft plan review meetings included: 0 The recommendation for narrower streets where warranted by lower traffic volumes was met with mixed response. The idea of safer traffic speeds and more aesthetically pleasing strectscapes was supported, but not if curbside parking caused congestion or large vehicles such as fire trucks experienced access problems. © Several people did not support the use of alleys. Those that objected to alleys felt that these service lanes are visually unpleasant and subject to potential criminal behavior. A Manufactured housing was discussed at several meetings. Many felt that they did not like manufactured homes, but some felt that with proper site design standards and better construction quality, some areas could accommodate this type of residential development. Those that spoke in favor of manufactured housing cited affordable housing as a reason for such consideration. Others ctatcd that if manufactured housing isn't allowed in the city, it will simply be located in the ETJ without any zoning rcg0ations governing quality. 0 A frequent workshop comment was the complaint that affordable housing wrs emphasircd too much in the draft plan, Some felt that the statement that "Macy people who work in Denton cannot afford to buy a home in Denton, and are thus forced to live elsewhere," found on page 41 of the draft plan, was improper, and that many people choose to live outside of Denton of their own free will. A Sonic of the review comments opposed the acquisition of density transfer options identified as tools for floodplain preservation, preferring instead outright dedication by k. the developer, Staff is not comfortable advising Council that dedication will prove to 1 be effective as a singular use tool, and that removing acquisition or density transfer, the level of flocdplain presenalion will not be as high as recommended in the draft plan. 7I wrc i . x. 0 When the issue of development incentives was discussed, the response to tau abatements was negative. Several people indicated that other forms of incentives might be worthy of consideration, but not without knowing exactly what those incentives might be. Some wanted no incentives whatsoever. Supporl Despite acknowledging that several issues remain unresolved after hearing public comments on the draft plan, staff feels that over 90% of the plan was well received. Some of the items that were supported by meeting and workshop attendees included: O The organizational framework indicated on the draft land use plan was generally well received. Only one comment was made to reduce the size of the Downtown / University Core District. (T The Environmental Management chapter was well received, with the exception that the recommendation calling for "higher densities in order to preserve, protect and enhance important natural features and habitats" was opposed. 21 Tb. Urban Design chapter was well received. Many people continued to support recommendations for design standards regardless of type of land use. T The Utilities chapters were supported without a lot of comment. 41 The Transportation chapter was generally well received once people understood that the recommendations call for gradual movement toward consideration of pedestrian, bicycle, and transit systems. Many supported the city's participation in a regional transit system, p The "Edge" chapter was supported. Many meeting attendees didn't show strong interest in the topic until discussion centered on managed growth through use of zoning regulations. Staff feels that issues related to FTJ authority, annexation, and ' C'CN service area protection arc not well understood by the public, except that a majority of people want to make sure that developers pay for utili'y extensions to their property. Many expressed support for a differential impact fee system design to encouroge growth Inside the city rather than in the ET). T Many people were pleased with the public meeting and review process, and complemented staff for the manner in which the ability to make comments was facilitated, and were encouraged that the city Is making a strong effort to plan for itself. r i 37 l ' I EXHIBIT E PLANNING & ZONING COMMISSION AGENDA INFORMATION SHEET AGENDA DATE: September li 1999 DEPARTMENT: Planning & Development PREPARED BY: Nancy McBcth, Comprehensive Planning Manager e E I lold a second public hearing and consider making a recommendation to the City Council regarding the draft 1999 Denton Comprehensive Plan. BACKGROUND The Planning & "Zoning Commission held the first of two scheduled public hearings to hear citizen comments regarding the draft Comprehensive Plan on August 25`^, 1999. During the public hearing, four individuals spoke in opposition to the plan. In response to public comments, and in acknowledgenient of public meeting comments made over the months of July and August 1999, the P&Z. Commissioners asked stafTto provide further information related to several isst es. As is required by City Charter, the Planning & Zoning Commission must make a recummerulalion to City Council regarding the draft Comprehensive Plan, The P&..Z. recommendation is scheduled for September 0, 1999, alter the public hearing has been held. r Attached to this report is a revised "Schools" Chapter (Attachment A), dated August 23rd, 1999, as E approved by City Council to replace the current booklet version in the draft Plait. ]'he Planning & Zoning Commission recommendation will be forwarded to the City Council for the September 10, 1999 work session and September 21 't, 1999 public hearing. Planning & z ping Commisslon Information Requests On August 25", 1999, the Planning & Zoning Commissioners requested that staiTpro%ide additional information regarding in response to public comments. The questions raised addressed the follo"ing: a/ INIORNIATION REI)VEST #I: Compare the 1988 Denton Development Plan to the draft 1999.2020 Menton Comprehensive Plan, particularly In relation to development density. [requested by Commissloncr E ngelbrecht] 'I he 1988 Denton M%clopntcnl Plan (DDP) did not identify specific development densities allowed in different parts of the city. Instead, high, moderate, or low "intensity areas" were designated based upon associated vehicular trip generation, called "intensity trips." A comparison between the 1988 33. DDP and the 1999 draft Comprehensive Plan (Comp Plan) requires some translation to allow comparisons. The following table pruvides a density comparison: COMPARISON OF RESIDENTIAL DENSITIES: 19$8 DDP VS. 1999 COMP PLAN 1988 Denton Development Plan 1999 Draft Denton Comprehensive Plan Targeted Targeted t Land Use Area Densities Land Use Area Densities [units per acre] units per acre] SF RIF Rural (ET1) 1-2 60 Low, trips per Intensity day, Per Areas acre 6 Existing Neighborhoods (Infill) 2-4 6-15 Neighborhood Centers (New) 3-6 8.20 Moderate Intensity Areas 50 Community Mixed Use Center 6-8 10.30 350 trips per day, per acre l ligh Intensity Areas Downtown- University As (including downtown): Unlimited Regional Mixed Use CUnlimited trips per day Employment Centers can be seen in the table above, the residential densities allowed in the 1988 DDP are generally hig'Wr than those targeted in the draft Comprehensive Plan. The only 1999 category that could be considered to be higher density is that of multi-family detelopment in Existing Neighborhoods and Neighborhood Centers. The 1999 draft Plan targeted densities are not intended to be interpreted as "permitted densities." T he 1999 Plan densities are intended to allow a range of densities in instances "where such a use is considered appropriate and permitted by zoning." If this intent is not clear in the draft plan, then staff should clarify this point. In addition, the areas devoted to the 1988 DDP moderate actitity centers (each of which was 640 acres), which were designated in part to accommodate multi-family housing, have been reduced significantly in the 1999 Comp Plan. The proposed 1999 Comp Plan pattern of land use organization combines single family and multifamily residential development into existing and new neighborhoods. "this system is sufficiently flexible to acknowledge that some neighborhoods are composed on purely single family homes, while others hin a varying ratios of homes and apartment complexes. In comparing the 1988 DDP and the 1999 draft Comp Plan, perhaps the most important observation made by staff is the fact that, although many of the same issues are raised in both plans, three major dincrences are apparent: 1. Land Use is. Intensity Areas: For the 1988 DDP, the primary basis for determining land use compatibility is trip generation. The 1999 Comp Plan uses broad land use categories as the basis for organizing and coordinating detelopment• A land use based system allows the development of infrastructure master plans for not just thoroughfares, but for water, wastewater, drainage, solid waste, and other services, such as parks and schools. 7"he concept of "Adequate Public Facilities" requirements is included in the 1999 t' Plan to gauge the impact of new development on infrastructure system capacities. r 2. Scope: The 1988 DDP addresses many site specific issues, but does not cover ` environmental quality. urban design, parks and recreation, annexation, or utilities and scn ices in the same breadth of scope as the 1999 Comp Plan, 34. c 3. Implementation Strategy: By far the most significant difference between the 1988 DDP and the 1999 Comp Plan is the Implementation Strategy. A community plan is only as good as the extent to which it is implemented. City Council has already committed funds to rewrite the city's development codes (a process intended to convert the Plan's policies into legally binding requirements), create a new zoning map, and has embarked upon a € well-received Small Area Planning Program that allows different areas to address unique characteristics, problems, and opportunities. Several other implementation recommendations are specified in the 1999 Plan that can be evaluated periodically to determine Denton's commitment to the Plan ♦ INFO I2MATION REQUEST k2: Prepare an analysis of the advantages and disadvantages of narrower streets as proposed In the draft 1999-2020 Denton Comprehensive Plan. [requested by Commissioner Rishel) See Attachment B: "Skinny Streets", published by Livible Oregon, sponsored by the Oregon Dept. of Transportation and the Oregon Dept. of Land Conservation and Development Many cities have long-established street pavement width standards that have been employed unchanged for many years. Pavement width standards have lasted so long that few people even know how the rationale behind their development. A familiar street width is the 32-feet I wide local street: soon after the end of \NVI I, the Am:rican Association of State and I lighway Transportation Officials (AASIITO) determined that local streets should be wide enough to allow efficient evacuation in the case of a nuclear attack. After mote than 50 years, AASI LCO in 1998 changed its national roadway standards. endorsing systems similar to those described in the attachment and in the 1999 draft Comp Plan. Communities throughout the C1.S. are slowly learning that narrower street widths have several environmental, financial, any' quality of life benefits over wider streets. The 1999 draft Comp Plan emphasizes quality of life as the primary reason for narrower pavement widths for some roadways. Under no circumstances does city staff propose to reduce roadway capacity in relation to surrounding land uses. Research has shown that vehicle speeds decrease when pavement width is narrowed, creating a safer pedestrian and bicycle em ironmeni. At the same time, the street's visual and physical dominance is reduced, allowing the streetscapc to project a more human scale, and to be more attractive. Municipalities face higher construction and maintenance costs each year, and some communities now regard the provision of curbside parking lanes to be an inequitable and many times unnecessary public parking subsidy. Among the drawbacks to narrower local street widths is the concern that emergency vehicle access could be impaired, and human safety could be endangered. Narrow street widths have been simulated in many cities to demonstrate that if properly employed, revised street systems such as that proposed in the 1999 draft Comp Plan are more than adequate to provide essential service access. Some people feel that wide, straight roadways are better designed to handle f r - increased vehicular activity, and that narrower streets will be prone to congestion. Ilowever, the ability to develop proper roadway capacities is more related to land use - roadway system design relationships than to pavement widths. Another objection to the proposed street system is the objections to the use of alleys. The most common alley-related issues raised have been crime and appearance. Alleys arc currently in use in several locations in Denton. None of the 35. i t current alleys were developed under the guidance of design standards, and the Denton Police Department has observed no correlation linking alleys to the incidence of criminal behavior. I ♦ Lower and safer vehicle speeds ♦ Large Vehicle access must be'more carefully planned and designed ♦ Lower costs, less pavement to build and ♦ Public resistance to change requires more maintain time for implementation ♦ Less pavement to generate stormwater ♦ Less flexibility to respond to major runoff - lower drainage system demands changes in land use intensities ♦ More attractive and human scale ♦ Requires more skill in proper land use neighborhood strew planning & _design of roadway master plan ♦ More design flexibility within right-of-way • Less ability to accommodate on-street to accommodate sidewalks, bike lanes, and parking if private development does not other amenities have sufficient off-street parking ♦ Increased value of residences within the neighborhood ♦ i Ise of alleys allows service access and garage entry to be hidden from street 11 Ilk: tr ~ ♦ High level of comfort/ greater margin of ♦ Higher construction and maintenance costs error for driving mistakes ♦ Higher speeds allow slightly higher tra.'1ic ♦ Vehicular dominance within the capacity neighborhood reduces visual quality ♦ Better large vehicle maneuverability ♦ Larger volumes of stormwater runoff to handle through public drainage systems ♦ Larger s.,pply of on-street (curbside) ♦ Public subsidy of on-street parking parking ♦ Larger drainage capacity to handle ♦ Less design flexibility to accommodate stormwalcr runoff other R.O.W. features ♦ INFORMATION RF(nLST q3: Fxplaln the relationship between design standards and r~ densit). [requested by Commissioner £agelbrecht[ t 1 The draft 1999 Comp Plan should be revised to clarify the relationship between design standards and density. The intent was to require increasingly higher levels of amenity provision and adherence with design standards in proportion to increases in proposed development density. Because improper 36. t I I . I ~I design can render well-intended amenities useless or detrimental, design standards are needed for site k II' layout, structural appearance, and public elements. The concept embodied in Council Member Mike Cochran 's revision comments (provided below) is supported by city staff as a way to allow design flexibility and residential diversity, whil, at the same time requiring higher quality expectations as density increases. Similar standards are recommended for nonresidential development as well. If city staff has not made this relationship clear on the current version of the 1999 draft Plan, then new wording should be developed to avoid any further confusion. I II EXCERPTS FROM COUNCIL MEMBER COCHRAN'S REVISION COMMENTS May 30, 1999 1 believe we should employ a "ilered" standard of density for zoning in Denton to allow for maximum flexibility, diversity of housing choices with assurances that higher density developments are not perceived as substandard. We have a number of elements of the new comprehensive plan that ensure a higher standard of development. From the list below a developer can choose one or more amenity as the density, increases down the scale, I Alleys All brick, rock or stucco construction Bermed, landscaped frontages on collectors and arterials Pocket parks Ilike and bike paths Activity center Etc. (this is open for additions and suggestions) SF 10 -straight zoning allowed SF 8 or above - one element S" 6 and above - two elements SE 5 and above - three elements SF 4 and above - four elements (alleys count for two) ♦ iNFOR1IATION REQUEST #4: Explain the relationship between air quality, drainage, and environmental factors to densities and reduction in sprawl, and the effect on economic del clopment. [requested by Commissioner Engelbrecht] There is a real possibility that the EPA could impose sanctions for our non-attainment status. The North Central 'texas Council orGovemments has hired a consultant to address the issue and we should know within a few months what the sanctions and their impact could be. 37. C Possible impacts of worseni.tg air quality include: 1. The EPA could increase the air emission offset requirements for new and modified businesses in Denton. Fv.-ible impact: • A company that produces emissions through its manufacturing process may need to purchase emission credits in order to locate in Denton. It could become very difficult to interest manufacturing facilities in Denton as a possible business location. • Denton's quality of life image could be damaged by a severe non-attainment designation, discouraging clean, non-polluting busienesses from locating in the city. 2. The EPA sanctions could also limit federal highway funding. The loss of highway funding would directly impact everyone in Denton. Business attraction would likely suffer as w:II: • Many companies choose their locations based on highway access to their markets or to transportation hubs such as DEW International Airport and the intermodal facility at Alliance. Tao issues are the driving forces for the policies, strategies, and goals that are proposed in the Plan. First, air quality has reached a crisis point in the Dallas-Ft.Worth-Denton airshed. Dallas, Tarrant, Collin and Denton counties are all in nonattainment of the Federal Clean A,r Act because of severely high levels of ozone. The primary generator for ozone-creating emissions are mobile sources - cars. The only may for the Div W area to reach attainment is for people to cut their dependency on cars by half. This requires altemative modes of transportation - mass transit, bicycling, and pedestrian routes, among others. The Plan proposes a gradual means of developing these alternatives. However, for mass transit systems to be economically viable, higher densities than the current city average will be necessary. Though recommending higher densities may, tit first, seem contrary to preserving the environment, it actually does enable communities to preserve what greenspace in and around their communities. By encouraging large lots, contiguous greenspace in the forms of greenbelts along river corridors, between parks and the community, and preservation of critical habitat areas is lost to an over- expanding and sprawling residential sector. But if density is encouraged, land can be preserved to enhance the environment in and around a community. Saving greenspace is also critical for water quality. In Denton, much of the remaining greenspace lies along river corridors. These t]oodplains act as water filters, removing pollutants front the runoff caused by developed areas. Filling Ooodplains to increase development is contrary to sound water quality practices. Therefore, the Plan recommends preserving floodplains to the maximum extent possible through dedication, density transfer, an&or acquisition. Once under public control, filling or development can be prevented (with the exception of passive recreation uses such as soccer fields) within the Iloodplain. ♦ INFOKMATIO1 REQUEST HS: Research overall densities within adjacent metroplei communities including Flower Mound, Lewisville, and Piano, and provide current citywlde densities based on recent new construction permitting. (requested by Commissioner Moreno 38. r The table below has been provided showing single family residential density comparisons among Metroplex cities, using data provided by the North Central Texas Council of Governments (NCTCOG). Single-Family Residential Densities Dg ton and Other Citle 1995 City Acres of Numberof Single-Family (1995 Population) Single-Family Single-Family Density Development DNellingUnits (Units/Acre) CarroGton 6,728 25,326 3.76 (90,700) Lewisville 3,455 13,744 3.98 (52,800) Flower Mound 4,489 10,911 2.43 (28,550) ne Colony 1,917 7,480 3.90 (23,100) Iighland Village 1,415 3,346 2.36 (10.000) Corinth 595 1,952 3.28 (4,800) Trophy Club 586 1,708 2.91 (4,400) Plano 15,182 49,940 3.29 (169,900) McKinney 3,039 9,296 3.06 (27,550) Allen 2,646 9,804 3.71 (26,400) Frisco 1,667 5,303 3.18 (13,700) Average 3,935 12,766 3.24 (12 Cities) Sources: NCfCOG: 1995 Land Use by City NCTCOG; 1995 Current Population Estimates r NCTCOG; 1998 Current Housing Estimates r A The comparison of 1995 data indicates that average density of the selected cities was 3.24 dwelling units pcr acre (DUA). ranging from 2.36 DUA in Highland Village to 3.98 DUA in Lewisville. Denton's density of 2,61 DUA fell on the lower end of the scale. 39. t When taking newer single family development into account, plat activity was used to determine average density over the last 22 months. Final plats, which have approved construction plans, average 2.56 DUA, which is below 1995 levels. Preliminary plats approved by Denton during the same 22-month period averaged 3.06 DUA. Single-Family Residential Final Plats Approved City of Denton Total Total Density Year Acres Residential Lots/Acre Lots Fiscal Yr. 1997-98 670 1,527 2.28 Ycar-tr -Date 346 1,076 3.11 Fiscal Yr. 1998.99 Total 11016 2,603 2.56 (Oct '97 -Aug `99) Source: Planning and Zoning commission Activity Report City of Denton Planning Department, 1999 Single-Family Residential Preliminary Plats Approved City of Denton Total Total Density Year Acres Residential Lots/Acre Lots Fiscal Yr. 1997.98 430 1,555 3.62 Year-to-Date 460 1,170 2.55 Fiscal Yr. 1998.99 Total (October 1997 890 29725 3.06 thru August 1999) Source: Planning and Zoning Commission Activity Report City of Denton Planning Department, 1999 An important point that staff would like to make is the frame or reference used to recommend "higher' densities in the draft 1999 Comp Plan. Some of the public comments made indicated that the 1999 Plan would allow higher densities than the 1988 DDP, which is not true. The recommendation to a1Iow higher densities was made in reference to average densities of residential development as it exists in built form at the current time, 40. t . I I' i S ♦ INFO-PUNIATION REQUEST tf6• Explain how existing neighborhoods are protected in the draft 1999 Comp Plan. requested by Commissioner Rishef) I!, Existing neighborhoods are specifically identified in a land use category separate and apart from new neighborhood centers. The draft Plan indicates that existing neighborhoods are to be protected, and that infill and redevelopment guidelines need to be developed to ensure that the character of existing properties is respected. The development code rewrite recommended by the Plan (which has already been contracted and will begin in the next week) contains provisions in the scope of work to develop guidelines for infill and redevelopment A comment made by several citizens that should be rddressed is that concern that the locations where existing neighborhoods abut nonresidential or neighborhood center land use areas could result in negative impacts. Staff agrees that such a concern should be addressed in the Plan. Additional provisions in the draft Plan should be included to mention the need for adequate buffering between existing neighborhoods and potential incompatible land use classifications. ♦ INFORMATION REQUEST N7,• The purpose of the draft 1999 Comp Plan should he clarified. (requested by Commissioner McNeill The purpose of the plan is to allow the formation and documentation of the community's development policies and objectives, hopefully supported by strong public consensus. The plan needs to be sufficiently flexible to maintain relevance for a period of years. f f a community dxs not j piepare a general "road map" to set future course and direction, specific actions are prone to become disjointed and uncoordinated. Once the Comp Plan is adopted, a framework is established that allows the City to develop zoning and subdivision regulations, design standards, funding programs and many other implementation tools that inuifence development in many ways. ♦ INFORMATION REQUEST q7: Provide visual e,tampies of neighborhood centers. I (requested by Commissioner Gourdiel i See Attachment C. Neighborhood Centers Examples i RECOMMENDATION Staff recommends that the draft 1999 City of Denton Comprehensive Plan should be recommended r r ~ A for approval by the Planning K Zoning Commission, pending any conditions that the Commissioners ! /*`t agree should be forwarded to City Council. The Commissioners may elect to recommend revisions, recommend further deliberation of certain topics on the part of City Council, and/or could recommend that specific issues be studied further prior to Plan adoption. 41. t t; Staff recommends that the replacement "Schools" Chapter should be subject to a cepara,e Planning & P Zoning Commission recommendation because it was recently added to the draft Plan. ESTIMATED SCHEDULE OF Pl,'OJF.CP Meeting hat Chapter Review Schedule to June 23', 1999 Briefing #1 Completed July 14'h, 1999 Briefing #2 Completed July 21", 1999 Special Briefing #3 Completed July 28"', 1999 Briefing #4 Completed August I Vh, 1999 Briefing #5 Completed June - Au ust 1999 Public Review Presentations Completed August 25~`, 1999 Public Ifearing #I Completed September 8'h, 1999 Public 6 -~z ing #2 & Recommendation to Council PRIOR ACTIONIREVIEW Major milestones in the development of the Denton Plan include: Jule 1997 Denton Plan Process approved April 7", 1998 Planning Policies adopted Decemlx,r 1998 Roadway Component! Mobility Plan adopted January 19", 1999 Growth Management Strategy adopted I FISCAL INFORMATION The City's consultants have completed forecasting and Growth Management Strategy tasks. City staff will complete the remainder of the Comprehensive Plan work. All departments are involved in the preparation of the plan. The City Council has approved the contract and funding for a new Development Code that includes subdivi,:on •egul,tions, zoning regulations, design standards, and industrial performance standards with .althorpe rregonese, inc. The development code is based on the Comprehensive Plan and the consultant is proceeding. ATTACHMENTS: 1 A: Replacement "Schools" Chapter B: Skinny Streets C: Neighborhood Centers Examples Respectfully submitted: i Dave Hill ' Assistant City Manager, Development Services Prepared byi Nancy Isici!eth Comprehensive Planning Manager 42. Draft - Replacement Chapter, Page 15 7: August 23, 1999 Section 18 Schools v Whenever values are discussed within a community, the quality of education is consistently mentioned as a priority of the residents. The City of Denton is fortunate to be served by several comprehensive and innovative Independent School Districts. The school disti icts are challenged with continuing their level of service to area students in a climate of population growth and increasing responsibility mandated by the State of Texas. Recent residential development activity within the City of Denton planning area has been located primarily within the Argyle and Denton Independent School Districts. These two districts contain almost all of the urbanizing areas and are expected to experience most of the projected residential growth over the next several years. As i development continues to move from the southern portion of the planning area to the north, the remaining districts are also expected to receive a share of this significant residential activity. 1. Needs Assessment The addition of 35,888 single family and 18,430 multi-family dwelling units will have a significant impact on the districts located within the study area. This residential development is projected to add another 28,800 students to area schools- 15,300 elementary, 6,500 middle, and 7,000 high school students. The urbanizing sub-areas are expected to generate 85 percent of the projected student growth, a total of 24,500 school- age children -13,000 elementary, 5,500 middle, and 6,000 high school students. The Denton Independent School District (D.I.S.D) has projected enrollment and facility needs through 2020 for the entire district. D.I.S.D. estimates it will need to build 15 elementary, 4 middle, and 2 high schools to keep pace with enrollment growth. The district extends beyond the limits of the City's study area boundary. Of the projected facilities, I I of the elementary, 3 of the middle, and the 2 high schools will be required within the City's study area boundary. Table 18.2 shows D.I,SB. school needs through 2020 for the entire district: Table 18.2 D.I.S.D. School Needs Through 2020 Year Elementary Middle High 1999.2003 4 1 ~ 2001-2008 5 1 1 1 2009.2013 3 1 0 2014.2018 2 1 vl 2019-2020 1 0 0 SUURC'F: Facility Construction Timetable, D. t S.D., January 18, 1999. Historically. D.I.S.D. enrollment has grown at a 3 percent compound annual gwwth rate. Based on the current levels of residential growth throughout the district, the rate orenrollment growth is expected to more than double over the next five years. A ! compound annual growth rate of 7 percent is projected from 1999 to 2003. Overall, a compound annual growth rate of 4 percent is anticipated from 1999 to 2020. Table 18.3 contains a new facilities construction timetable intended to keep pace with enrollment growth. 43. t Draft - Replacement Chapter, Page 157; A vgrrst 23,1999 Table 18.3 + New Facilities Construction Timetable Elementary Middle Ifigh Peer Facilities Demand Need Facilities Demand Need Facilities Demand Need 1999 0 0.6 0.6 0 0.1 -6. -1 0 -9J -0.3- 2000 0 0.8 1.4 0 0.2 0.3 0 0,1 -0.2 466F. - 0.8 1.2 0- - 6.2 0.5 -0.1 2003 _ 2 -0.9-- 4664 - 0 0.3 O.l 0 - 0.1 0.1 -1 -0.9 0.9 ~0 03 04 f 2006 1 1.0 0.8 0 0.3 0.0 0 0.2 -0.5 2607 1 1.0 0.8 - 0 - - OT- IT Q - - 0.2 4. - 08-- -6.4- 0.6 ! - 0 2 -0 5 _ 0 0.1 -0.2 2009 0.8 - - - 0.2 -0.3 0 _ .-.6.1 -0.1 b 2011 1 0.7 -0.1 0 0.2 0.1 0 0.1 0.1 0.3 - - - - '-2012- - 0 0.7 0.6 0 0.2 0 0•I 0.2 0.2 _ -0.5 2014 0-- - 0.6 0.8 - - - -62- -6- - - 0.1 -0.6~ mama ZE" ; NMI" Am 2016 0 0.5 0.8 0 0.1 -0.1 0 0.1 -0.4 2017 1 - - 0 4 U.2 0 0,1 0.0 0 0.1 -0.3 2018 0 04 0.6 0--0[ 0.1 0 O.l -6.2 2019 I 0.4 0.0 0 - - 0.1_- -0.2 0 0.1 of TOTAL 15 15,4 OA 4 4.2 0.2 1 23 0.3 Facilities: New campuses to be opened for the identified school year. Demand: Needed facilities generated from development occurring in the previous calenJar year. Need: Unmet student capacity within the identified school year. ROTE. Demand and nerds shorn here are based on janc lanal capacit" i r 11. School Siting Guidelines 1. The establishment of school siting guidelines will help ensure that future l' elementary and secondary campuses are located, designed, and built in the most efficient manner possible. They will also enable the City to work more closely with all its school districts for the reservation and acquisition of adequate school sites and the integration of future schools with other City services, such as transit systems and parks facilities. 44. Draft - Replacement Chapter, Page 157. August 23,1999 Requirements for each school site µi11 vary by the intended use and physical characteristics of the property being analyzed. The specifications outlined here are intended as general guidelines for the identification, evaluation, and acquisition of appropriate school property. Siting guidelines may be expressed in three categories - physical characteristics, service area, and locational criteria. A. Physical Characteristics 1. Acreage The primary issues that will determine minimum acreage requirements will be the types of proposed schools and their planned capacities. Acreage Requirements _ Type Required Ideal Additional Facility Acreage Site Issues Elementary 11 to 17 acres 15 acres Must be wide enough to accommodate separate p; -ent and bus/service traffic. Middle 25 to 35 acres 30 acres Must accommodate off-street traffic High 45 to 55 acres 50 acres circulation and parking. 2. Topography School sites shall not have any slope less than 2 percent nor greater than 10 percent. Furthermore, the grade shall not exceed 5 percent at all building and paving areas. E 3. Drainage and Easements Preferred sites should be primarily free from flood plain and drainage areas. Outdoor play areas may be located % ithin flood plain areas I pending City approval of site plans; hoµever, all permanent structures will be located µe11 outside flood plain areas. The interiors of proposed sites should be clear of easements. Utility easements may be located along the perimeter of a site. B. Service Area Service areas vary by the type of educational facility and the density of the residential area served. Service area criteria help ensure wi equitable distribution of school facilities throughout the planning area. Son ice Area Criteria Type Maximum Maximum Maximum Facility Service Area Walking Distance Commute Time' Elcmcnisry 4.0-mile radius 1.5 miles 30 minutes Middle 8.5-mite radius 1.5 miles 45 minutes High 9.59.5-mile radius 1.5 miles 60 minutes t " The masimum time o student should spend on a dhrrkt school bus i 45. ' t t Dray- Replacement Ckapteq Page 157. August 23,1999 C. Locational Criteria « Educational f ::ilities should be located appropriately according to their intended uses and anticipated impacts on adjacent property. Elementary, middle, and high schools each serve significantly different populations and provide significantly different services and should be located accordingly. 1. Elementary a, Neighborhood Schools Elementary schools are intended as neighborhood-oriented facilities and should be closely tied and immediately adjacent to the residential areas they serve. Every effort should be made to incorporate them with neighborhood facilities such as neighborhood parks and community centers, b. Land Use Relationships 1. Elcmentarics should he immediately abutting and/or within residential developments. 2. Primary access to each elementary site should be from a residential collector. 3. Bus service access must be separated from primary access - preferably from a secondary site access (i,e. side street). 2. Middle a. Community Schools Middle schools are intended ns community-oriented facilities since they are intended to serve several neighborhood areas. Middle school sites s'so contain outdoor facilities - tracks, football/soccer fields, baseball diamonds, and tennis courts - that are potentially incompatible with lower density residential land uses. 1 b. Land Use Relationships 1. Adequate buffers are required between immediately adjacent j single-family land uses. Appropriate buffers include park land, green belts, streets, etc. 2. Primary access to each middle school should be from a residential or commercial collector. 3. Adequate separation is required between primary and secondary access - preferably from a secondary site access (i.e. side street). 3. High a. Regional School High schools are INatcd centrally to a region of the district in which they arc located, They should be Incorporated with community or r regional facilities like community parks, regional parks, or university / facilities. / J1- b. Land Use Relationships I, Due to the noise, traffic. odor, light, and other similar impacts, high schools are considered Incompatible with single-family land uses. 45. c Draft - Replacement Chapter, Page 157. August 23,1999 2. High schools should be generally located at the fringe of commercial centers with direct connectivity to the residential areas they serve - i.e. thoroughfare network, TODs, bicyclelpedestrian systems. 3. Primary access should be from commercial collectors. 4. Adequate spacing should be provided between primary and secondary access - preferably from a secondary site access (i.e. side street). III. Policies A. ]ntergovcmmcntal coordination should be facilitated to the maximum extent possible, regardless of jurisdiction or service responsibilities. Efforts should be made to share resources whenever possible, and redundancies or duplication of effort should be eliminated. B. City or local government will comply with the same regulations that are imposed on private development within the community. Every effort should be made to ensure compliance on the part of school district and county projects as well. C. Residential developments will be reviewed prior to approval to measure anticipated audent impact, to ensure that adequate sites for future educational facilities are reserved, and to integrate school sites wrt'1 +,thcr public facilities Pke neighborhood parks and pedestrian/bicycle systems W. Goals and Strategies A. Adequate Educational facilities 1. Coal Provide adequate facilities to accommodate anticipated student growth through the planning horizon. i 2. Strategics a. Analyze student impacts of proposed residential developments at the pre- design, zoning, and plat phases. Include the adequacy of schools as an essential component of the infrastructure necessary to serve a proposed development. b. Focourage developers to donate and reserve adequate school sites. c. Partner with school districts to initiate State legislation that would allocate adequate funding for mandated programs. d. Initiate economic diversification in the form of commercial and industrial tax base to increase available funding for future school facilities. i B. Land Ilse Coatpatibility/Relationship to ResidenlLd Nodes I, Goal Develop a network of educational facilities that provide the greatest benefit . to the residential areas they serve. ! 1 \ r 2. Strategies a. Coordinate with school districts to site future schools in areas that are best equipped to accommodate residential growth. 47. Draft - Replacement Chapter, Page 157: August 23,1999 b. Work with districts to design and develop school sites that mitigate c negative traffic impacts. Devise "typical" site designs to help ensure consistency of design and compatibility with adjacent neighborhoods. c. Create connectivity between schools and immediately adjacent residential areas. Elements to achieve include: • Comfortable pedestrian and landscape systems, • Reliable and efficient bus systems, and • Integrated school and parks/recreation facilities. d. Meet architectural and urban design criteria set by the City. C. Adequate Infrastructure 1. Coals Develop fully integrated thoroughfare, utility, and parks infrastructure adequate to serve each campus. 2. Strategies a. Coordinate City capital improvements programs with school district bond programs to ensure the extension oradequate infrastructure to serve each and every school site. Elements to achieve include. • Street improvements immediately adjacent to ,nd within close proximity to each school site, • Sidewalk construction and rehabilitation immediately adjacent to and within close proximity to each school site, • Water and wastewater line upgrades and extensions to each school site, • Electric line upgrades and extensions to each school site, and • Where possible, the development of parks and recreation facilities that are integrated with an existing or future school site. b. Assist sch A districts with the location and construction of future schools that confonn with and take full advantage of the City's long-range thoroughfare and utility plans. D. City of Denton/School District Partnerships 1. <:oa1 Engage in as many collaborative projects with the various school districts to maximize public funds and the functionality of public places. 2. Strategies a. Coordinate City capital improvement programs and district bond packages for the: • Joint purchase and acquisition of publicly held land that may be used for City and school Ostrict uses, and • Development of collaborative projects like public libraries, pools, playgrounds, athletic facilities, and education centers. 6 In. Maximize the use of existing City and school district facilities for multiple l uses - i.e. after school action sites, community education program!, 48. Old Attachment El Skinny Streets BETTER STREETS FOR LIVABLE COMMUNITIES CE3MMM Skinny streets are residential streets which are narrower than the modern width usually built In today's residential neighborhoods. Skinny streets are not new, and already exist In many older neighborhoods in Oregon's communitles. Skinny streets are cost benariciat for titles and developers and they contrlbee to the making of great neighborhoodb. Increased safety and a greater sense of community for residents are dust some or the other benefits of skinny streets. M=MlaE Thr nrmtr thrH rvrdU Gl7 a/rlna eWrr ttreel In Salim eddt to Mr nrrphbaAreod donxtrra LBMLNWUWM yy lneeonrprna,rown frodtc oed a )Vromblr prdahran enrrronmrnt Storer of Na wrdlh or no fonprr Environmental oeo"d A, many ofu vgwn aommw,hht More eiclent use of land. Land saved by reducing paved surface area r'aS provides more opportunities for other land uses, such as open space, farms, community and commerdat needs, and housing. Decrease storm wafer run-off. Because storm water is not absorbed through paved surfaces, skinny streets reduce storm water runoff by mint. mizing pavement surface area. Less pavemcni also reduces the amount of contaminates from road surfaces that are carded Into the storm water system by run•aff. Flfl&hdal tower malntenance costs. Loci[ governments spend less money build. This eordrnrref sin of Width olJl'r anonrynQurredMmany anpon rommvnMeslare cirri wRA andldin7oldemyandnerd4renaMerpakinalmamMrll',Inrrrbere Ing,Improving, and maintainingroads when they have less paved surface area. Skinny streets also contribute to allow for more flexibility in subdivision attracts residents to walk, bicycle and more compact development and more layout by reducing the amount of land play In the neighborhood. Skinny efficient land use, minimizing the designated For streets, and may result streets maxlmiie opportunities for costs of providing urban services by In more lots per gross acre of land, other neighborhood amenities like minimizing the site of service areas. parks and landscaping by using Increased Market Value. Older Quality of life land efficiently. residential areas In many existing Encourope walking and blrycling. Trifle safety, Skinny streets towns and cities In Oregon often have Skinny streets reduce overall distances encourage more cautious driving A nd r skinny streets. These areas are chant. between destinations by using land slower speeds by eliminating the terized by high home values with more more etficlently, making walking and "speedway, feel oFwlde streets In A. of a neighborhood feeling. New devel. bicycling more attractive to residents, residential areas. The more intimate ! opments with skinny streets and other Skinny streets also create a safer envl• feeling created by narrower residentiat neighborhood friendly elements are ronment for pedestrians and bicyclists streets serves is an additional Indi• currently In high demand. by encouraging reduced traffic speeds. cator to drivers that they ere In a Lower developmerntcosts, With Sense ofNelphwhoodi Cmmunlty. neighborhood. less paved surface, rarrower streets Ski,ny streets create an envlronment cost less to build. Skinny streets also of safety and convenience which 4 hbpraeJ a/ Ln:bte Dijon rid Ev amid Dentlopmem pmjru, a taint pmanm anal 49. rnnrpoENon And the aputmrM of LAnd CenprWon and arulopmnt e i i i Oregon's Land Conservation and process. Some o-1 Ashland's historic a 24' and a 28' residentiai street with Development Commission Issued the streets ere as narrow as 18' wide, a maximum density of 20 CrIgle-li Transportation Planning Rule (TPR) Ashland's current street standards or duplex units, or 3o muitl•famfiy In 1991. The TPR requtres local govern- Alto* for 2o' wide streets without units. In cases where streets are part ments to adopt local street standards pacing, and 2s' wide streets with of a gid system that allows alterna• which minimize street width according parki,:g an one side, According to John tive ways to access residences in the to functional purpose. This statewide McLaughlin, Planning Director, the area, the density limit Is doubled. Interest in street wldth recognizes the local fire department has agreed that By making street width conditional on positive Impact of narrower street under certain conditions, such as density and alternative access roues, standards on local government budgets, low decstty residential development, these standards recognize the access community livability, and the environ- parking on one side OF & 2o* street end safety concerns often raised by ment, local governments In Oregon would be acceptable. The planning i ral public agencies. For more Infer- must comply with this requirement department will be pror,csingstandards -nation about Forest Grove's street ~ by may, 1997. Including a 28' street with parking on standards, please contact James Reitz Local governments are granted both sides, a 24' street with parking At (503) 959.322'. e authority to establish local sub- on one side in high-density areas, Gresham d6vfslon standards, which Include ' eet and a 20' Street with parking on one Gresham's narrow residential 'dth, by Oregon's land use tan; (RRS side In low density areas. For more ,ei. Many or Oregon's cities have Information about Ashland's revision street standards went Into effect on 2d: adopted narrow residential process, please contact John December 15, 1994, as part of the City's street standards. Others have allowed McLaughlin at (540 488.5305. transportation standards. These stan- skinny streets by g-anting variances Bards allow for a 26, total "queuing" for spec" , development projects, street, a 20' local lane, a 20' minor access!'reet, and a t2'residential alley. Sla ificant concerns on the part of local 1, a officials resulted In a McMinnville compromise restricting queuing streets In November 1994, McMinnville to a mai block length of 400 revised their street standards to feet and minor access streets to a Include a local residentlal street width maximum black length of 190 feet. of 26' (curb to curb) with a So' right L Even with these standards, Gresham of way. In preparation for the revision continues to explore new options for process, the city sponsored workshops revtsir,g their standards to meet or for the public works department, the exceed land use goats for the state planning commisslr^ and the city and the metropolitan region. For more counctt. The workshops featured a information about Gresham's street slide show from the City of Portland, standards, please contact Mike Mabrey which showed the results of Field tests at (Soil) 618:806. with fire trucks nd other vehicles on Eugene narrow streets. li the draft star Eugene Is currently In the process dards were complete, the MCMinnvilit of drafting a local street plan which planning staff developed Its own slide includes a broader range of street types show comparing the measurements and some narrow street standards, of existing streets in McMinnville, This The draft plan currently proposes helped community r, mbers develop me erh of send dome d One )a'510" standards for a W to 16' alley, 21' some perspective on the proposed p ninon one ride In svnr loneWVe, access lane with parking on one side, standa-ds and facitttated pre adoption i of the new standards. Accard;rg to Iii Grove sides, lane with pairing both hs Ron Pomeroy, a McMinnville Manner, Like many communities revising s, low volume street widths most people have found that the their street stndards, Forest Grove between on 2o, to one or 28 both with sides, for narrower streets have not taused con- found that it was essentially retuming parking , and gestion or safety problems. For more to the original street widths used In 20' and m-vone olumsleet widths between information about McMinnville's street the early part of this century when 20 and 34' with options far no park- Iris, parking . one side, end parking standards, contact Ron Pomeroy or it adopted narrow street standards in both sides. i. Doug Montgomery at (503) 4347311. early 1994. While there was some to The final draft of the public agencies such local street plan will be wadable in Ashland concern among P g August t996, For more Informat;on as fire, police, and public works about Eu ene's draft local street tan. Although the City of Ashland departments about the Impact of E P recommends narrower streets to devel• please canted Jan Childs, Planning apers, new street standards have not skinny streets, support was strong for Director at (541) 68x•5491, skinny streets among the dry council. yet been adopted through an orcitnance They passed an ordinance establishing j _ r 50. i I I I I i I I While the narrowest of 'skinny streets' die approprlate only in residential neighborhoods with certain characteristlut, narrower street stan- dards can be adopted for all residers. Val street types. Appropriate street widths for a community will ultimately local depend on conditions. The following street standards are based •`e' •.rr I ra +'t Mr. on the proposed standards developed rwn ..,a l by the City of Eugene as part of their - draft local street plan. These widths E .re guides only. Local conditions i may warrant difrerent widths, a ureys r O Alleys Alleys provide access to parking and garages for property owners, s t thereby reducing on-street parking. s Alleys provide additional options for utility placement aid garbage collection. B Access Lane rrrM~nwan r y rrnam~srn~p Access tines provide access to dvrmt- a limited number of residences. Traffic Is minimal whh a design speed of M r r air. t5 mph. On•strtet parking is typically allowed on only one side of the street as the number of residences served is 8 Rmss Lone limited. In the access lane Illustrated E here, the sidewalk Is on one side only, If the sidewalk were on both sides, the widths of some of the other elements of this street section would be reconfigured. Because pedestrian and auto traffic on access lanes Is low, communities could save more right-of- way by reducing the width orsidewalks r r II (to a minimum of 59 and planting f strlps from what Is pictured here. aG'rvu v"a drRR IMFr my es rlarY"al<RT d Residential Street s r nsdvuR _ as~DOUR Residential streets support locally 4re WATO W generated traffic in residential areas. The street Is designed for low traffic p rr Reereentrat ffira speeds and daily volumes of between soo and 1000 vehicles. Parking Is allowed on one or both sides of the street, Because pedestrian and auto Aa~ traffic on these streets is low, com. munitles could save more right-of-way by reducing the width or sidewalks (to a minimum of s7 and planting LA strips from what Is pictured here. I'o'eroewau_ iSaR ~ ,~~+nw~c / ~ , Y/7MWDN 7'Rµklwe Y91 ruw.•nNCr,•iY aa'/r+wsrwr 7CrawrMeefa+r sr i' ILMIF r vat I] ta'Rnrdentfar lrm! Ru UNd b, tl.Wt enpan end N Smart DMlapmem FMIM r 01%aro11m 1 S L wit 01 Tanepa naer end ar anWnee of tend Trnmr,81 a toe arntcpmeM V Q Residential Collector Residential collectors support locally generated traffic end some through traffic to the major street network. The street is designed for moderate traffic speeds and deny volumes of between tooo and loco vehicles. Parking is allowed on one or both sides. Ivewengeroy rr hAq ils hey O Residential Boutevard Residential boulevards are s>r rte. charactertzed by planting strips saps. rating the travel lanes. They support traffic volumes from 1000 to 9000 0 Ar,JdinfW celh,tm P04 one We r vehicles per day and are designed for through traffic from neighborhoods to the major street network, j As suggested in the'Generaling Support/Overcoming Resistance' section, it is advisable to work with local Ere officials when revising street T • er~~ w. • . ' standards to address their concerns about emergency vehicle access, n•rhp.u ,,e,,, In addition, the Oregon fire service, e1e..wwr led by the Oregon State Fire Marshal, the Oregon fire Chle!s'Association, • a ,d the Oregon Fire Marshals' m Ap denrsal frarero AN me aorA Srdef lw'octatton have formed a task force and are In the process oldeveloping a matrix oloptions for narrow street patterns which will ensure adequate emergency vehicle access, Contact W-14 Burton W'east at (So3) 63S•t2zq for more Information. Ila l. l&"'r g1 AaJdendal,euh.erd 4 r~r,` r ~ r 52, tlnble orzaan, taw On sw Mmtw,!66 54 hraend, OR fries 00 esrnar , i Flan a $nan PI Meer and Grnfhe Ifndx, W ft"A "d Mn641, A,bw CA P O r *ftftft1* arms 14NWAK F'W Mhely' . Washington County yiashicgton County Is currently l of d Ira process of testing and rego a:1ng with fire officials to deter. ~f~',~~ r~~-•~~,._ v~' r Ire app'opiate street standards for -.rirrL;~;}''d T~•f tie county. As a result of this process, s cards hale been proposed far 9a a,d 25' local streets with parking ci both sides, and a 24' local street v,'ih pari on one side. Also proposed a fcr I -ited approval is a ;o' local E r' . n ' PS) s ,Eet w<!h park.irg on one side and a c alley v,th no parking, These v d be at oropriate for some types v cr do,e 0p-Pnt eurh as transit I - - a ,t'cr a'ea dove o °enl. Washington Crar y fin', rot ye -dopted these `c itjy vL~}4.p~,w ~~II to - c r''ard'. for more informat. on about er 't ,ky.. ~V . •r'"i~ r'f'.st f't, ' eru.e l t,ti ng,un County's street standards ~ t r • }~'r ' r{ 3' C' G C . 1 ' J r k tCShng pPd SC CD'~tdct t1~`r~WN;"n s r ~L_ dr To- iushrer at (509) 699 41319. _s. nee ru rr rort,g b a peed war fa lra~dk a C,r^q.e aYur arprcpdCe rm+d~r:e^a /or na-eweutrert w ],`i WzTNrp':'r COVn'r rdVC9 Ord C'o'pe t:-(S C" : nd Aed iM rd va, V,1 "IdifQ11 s%Irke local governments do have establishing narrow residential street by negotiating with the fire di ! t` c' bCgdl authority to es!ablsh ICCa1 standards is sensitive to the corccrns about their needs for access on o'..s!arda•ds, it is irr; octant to of dtltens and emergency service resldent'al streets. Bath emergency F,;," , % that Wrr'y strc''Is may create providers. vehicle access and skinny streets a r, cs Issues for L~zal erlergerry should be regarded as public roods •v:Ee prov'ders, Gc'rrrating support Nenotiationfir,volvrment which must be balanced to achi; ve ,,y sheets teo,Jres constder;. Eriergercy service providers ha:'e maximum benefit to the commun;ty. 1'r(r ten(`ts as well as their sfec~6c concerns about the effects of when emergency service providers are rrrrn;i[cnE~S it (erto'^. Si!ua:~3'15, sk'inry streets on their response times. ConsiltEd in the dec'elopment of ne'w %al gave °rr's ra,' do seIvral local government of rlals and sta f street standards, they are less likely !o ensue tfat t'e p Jews of can f.ro uctivnly address these concerns to resist the process as a whole. Testing with fire Trucks Tak'ng a city's fire trucks through a measured course or out to a neigh- 'fti; ; borhood with cxisang narroN streets t+k can educa!e both staff and fire depart. 5t f Yy Is rrert offldals about the capabift'es of t1~; •;•o ' a fire truck to navi.ga!e skinny streets. Nypotli6cal s'tuations, such as on• street parking with a certain degree of density, can be created to devise SLJ conditions under which skinny street: e•1s Y s~ ~r maybe appropriate. Fire truck tests are likely to create a level of under. slanting and trust between City s'.aff ,r-tn•. - aid (Ire departme-it offii that All hcilitate the process of establishing •J` -Y:~ i f.~ , !r~ oarrceerstreet standa'ds. hh ~ p^:. N ')I fo1 '0 ne•r'.N'S 3. Street Network Design A better developed street network, ' which increases street connectivity and decreases cul-de-sacs and dead j, • ends, Lenerits emergency service providers by giving them additional r' access routes to a site. When grid-like ' street patterns are developed in conjunction with skinny streets, emergency service providers may find that access to a site is Improved rather than diminished. Long-term Planning 'or Equipment Loral jurisdictions can plan for future Implementation of skinny streets by working with public works ' and emergency service departments to ensure that future equipment purchases are compatibte with narrower streets. For example, trucks ` with a shorter wheel base or rear iaadingFire trucks arebetter suited the teKfoperrof raIrMwK11coibidudermmearmemw"ParkIneOm IM dd'ktftkdeveropmenr to narrow streets. Over the long run, pn4C to eran.Alrowr by uk Oq er Fer kiv. orawina by OM Cennh, MUO, L Cends ArrAhe mn the Increased cost of purchasing equipment can be offset by the reduced cost of maintaining narrower roads. Political Support "Boulder, brings Back She Neighborhood Street! Planntnif, June 1994 The process of establishing narrower street standards will not "best Development Practices - Doing the Right Thing and Making Money at move forward without broad political the Same Time; Reid Ewing, Joint Center for Environment and Urban Problems, k support within the community. The Florida Atlanta Unlveslty1ilorida International University, May 1495. benefits of skinny streets to corn. "Eugene Local Street Plan; Final Draft September 5, %995. City of Eugene munity Iivabitity and cost•efficlency Planning Dlvison of the Planning and Development Department. need to be understood and promoted by community leaders In order to 'A New Way to Grow-Building Communities for People,' CTRAN, be v!ewed as a public good equal Vancouver, WA. to other Issues like adequate parking "Report on New Standards for Residential Streets In Portland, Oregon; In the downtown or community health and safety. City of Portland Office of Transportation, October tB, 1991. Public Education "Residential Streets," Urban Land Institute, 1440. Aryone Initiating change in street City or Portland, Office of Transportation, Cheap and Skinny Street Program. standards must ack owtedge that itto SW FlfthAve. Room boa, Portland, OR 97204-%971. Contact Andre Baugh w!de residential streets have become at (503) 823.7530• the norm for AnnerICzn suburbs. This livable Oregon. 921 SW Morrison if5o8 Portland, OR 972og. Contact Amber may mean that the benefits of skinny Cale at (go3) 222-2182. streets are not often readily evident to the general public. Local jurisdictions Transportation Growth, Management Program. tt75 Court SL NEe Salem, OR can do much to Increase public 47310. Contact Eric Jacobson or Bob Cortdght at (503) 373-0066. support for a process of establishing narrower street standards by educating the public about the benefits of skinny v streets, such as Increased traffic ~ L safety and cost-efficiency, througi; r public educat!on campaigns. _ 54. lhrEte 0415n, he, Ix sw Morsroti suh 54 Podlerd, OR 1:10s,11071 I21018e s y, i I, an a. Scan, I'MIdlnl Ord! Gaits Oindr, Lrnn aRPre A,ofrd Arrha; Ikr Coll, ►mirif "''Medan vww %0'W44 hgrM Ok0" ' r 1 l,,,tyll.lh I h~J;i,1n~i, I~~;nluall I lichlun~6 \It1'ialrh tlc l..!,I'+dl 1 h ellll. 11 p.:n In,cn • , LITV ~111.IT1 i rta, .111`11 ,,1 11% 11r 1l I ~ , 1. i,~d~ti d! 1Lgh hnl J, n r.. , nnlm nl., „ I VI, IAN r1l 1, , 11 , ncn •.I `.t 111, I'll l{ 01 L I~p"1 11 1111 11" 11 P!mrt d lhi {I,. i r l Il .~nir.ln aq'hlr r9 ,II lrlcAI Lrn'~i IT 11 11 1111 1n1. lu'ollo i,h 'In Ilr"I 1 9110 IC. Id,•~_r, ~~..I„pl 1 1.d,~..~~ I!•,rf{, ,..1nJ 11J ~n, ,n lav',ml, •'1r ..r, 11. 1 rn r.lln a.,..1 r, 11 i lu.d ,rul puhll. . mu{m~e,n nIT I I ~ '{I II I, it i ~ f A i 1 ; -1 . .y rt y a ti J I _.y. y ~ ~ ~,I ~t l toll f III 11~ i ~~~Ik i .4 IE 1 - .j f 1 I'' n~ r wrw ~J IPA, ~ 1~R F~' ~C L- - --------p~, ~ ~ ~ ~ e J~ r ,~1 iH i (i(iVAI'1 ~ I { r; Ai 7 \ 17~ { on wv i mom MIDDLET0N. HILLS i Middleton Hills is a nelghborhood for the present, designed with a sense for the Vast. The qualities of email town life will Include friendly streets, houses with front porches, generous parks and open space, and a pedestrian oriented commercial center whh shops and offices. M Capital In Madison, Wisconsin. The iddleton Hills is located In the CRY of Middleton, sight miles from the State alnpgle family hornet, townhouses, impartments endllive/w~ork units when acomplete. Small shops and businesses MI be an integral part of sustaining the daily needs and work opportunities for the helghborhood. Middleton Hills was designed and master planned by Andres Ousny and EI{eabeth plater-tyberk (DP2), internationally known orcMects end community planners, The emphasis Is on on intimate, friendlyscale. Comfortable homes with small front yards will nine the streets - whh plenty *IVroenspoce nearby for hiking, bird watching and recreation. Garages, some topped by apartments, are tucked away on alloys. The lee cream shop, hardware store and doctor's office Pre planned toBe just a short walk away. -dating hftes end trees, fake views and wetlands have been preserved for communRy enjoyment The founder of Middleton Hiles, Marshall Erdman, wanted residents of thla development to rediscover the sense of community that has been lost over the last decades In the sprawl of k plated housing tracts, shopping developments and oi'ne parks. The emphases Is on people; on quafrty of rife in a self sufficienl j r neighborhool, r, ~ r. Come of the unlque features that will be found In Mddleton Hills are: ■ Short setbacks, front porches; Smaller lots result In closer conligurations f3 - 59. "L9 PJ7AM 11.1agnolis Square Austin Ranch, Texas 1'rl ~ i r i~;vr,,<t 1~ n lfff ,Q p f r~l 4 7i ~ ~r Li "t k , Litr~• _ ~ The 300-acre Magnolia Square site is the first phase of a 1200-acre master plan in Plano, Texas, an expanding fnfill Frowth area north of Dallas. Magnolia Square's the first phase of a t~ew valkabte, mixed-use community In Austin Ranch, Texas. The plan for Magnolia Square seeks to foster an active, diverse, and pedestrian-oriented neighborhood with a mix of densities, scales, and uses that are carefully designed to blend in with the existing community and natural features. A mixed-use town center at the heart of the community includes the highest density housing on the site, as well as ground floor retail uses that ere within walking distance of all residents via a tree-lined and pedestrian-friendly street pattern. A variety of different housing types throughout the neighborhoods of Magnolia Square compliments the diversity of residents and housing styles in the area. A mix of high and medium density housing types create an overall density which meets zoning requitements'w'hile fostering l diverse rrd rich living environment. The architecbiral styles and traditional town designs used in Magnolia Square are reminiscent of the Texas hill country. Local stone and Texas'-style architecture create a Coaling of coherence within the neighborhoods, while varying building types, styles, and block spacing enhance the visual landscape. The natural features on the site, including steep slopes, wind rows, and mature trees, k are preserved as open space and paths. These natural amenities eve added to with many 1 active amenities throughout the site. This interconnected network of natural and man-made amenities hold the plan together. I ors N1941:10 PM 60. ill I j - i Townhomes, which face onto the $ires streets andposeos, incorporate local ~`Li VP architectural styles into their design. p TrgBie capacity Is increased, and the ~..w . ro character and feeling of a small town main street is fostered by splitting a 6-tone throughway into two one-way couplet: ronds. rJ f F Avariety of housing types are inter.nixed throughout the site, providingfor varlerywhile ! 1 r r- t ~,-S i •,"`I+- ; s ,,y .,t meeting overall toning and density requfrenrenrs. t In addition, similar building types face each E tr + other from both sides of most streets to create consistent and attractive street borders, j a ,I r ' a I Garden apartments art incorporated info avariety ofsinglefamilyand multifamily ' ri. dr housing types in Magnolia Square. c ,tii r 2 191A4 7:10 PM 200 6I. ' - ~ l t- u EXHIBIT F h MEMORANDUM DATE: September 7a', 1999 TO. Mayor and Council Members FROM: Dave Hill, Assistant City Manager- Development Ser is SUBJECTS COUNCIL CQMfjtLUWJVEPLANR.v"'S' COPIES: M.leL At the August 24', 1999 City Council Work Session, staff indicated that draft Comprehensive Plan comments submitted by Council members previously would be made available In advance of the September 14',1999 Work Session. You may recall that Council agreed to submit written comments intended to address density issues after the May 21.22 retreat. These comments are attached for your information. Staff continues to work to prepare Comprehensive Plan revision options for the September 14' Worw Session. If other written comments are received in the next few days, staff will attach them to the upcoming staff rcpoit, which will be submitted to Council on Friday, September le. Please contact me if you have any questions or wish to contribute revision comments. (attachments( I i I~f r 1 62. Mike Cochran Denton City Council - District 3 Density Standards for the Demon ComnrehenslvePIon I suggest using a "maximum density" standard of reporting density as well as the 'average density". This gives a clearer measure for understanding the effects of the rating. Density should be measured net of floodplain areas. I believe we should employ a "tiered" standard of density for zoning In Denton to allow for maximum flexibility, diversity of housing choices with assurances that higher density developments are not perceived as substandard. We have a number of elements of the new comprehensive plan that ensure a higher standard of development. Fi„m the list below a developer can choose one or more amenity as the density Increases down the scale: alleys all brick, rock or stucco construction bermed, landscaped frontages on collectors and arterials pocket parks hike and bike paths activity center, etc. (this Is open for additions and suggestions) Single Family Residential Districts SF-10: straight zoning allowed SF-8 or above: one element SF-6 and above: two elements SF-5 and above: three elements SF4 and above; four elements (alleys count for two) Multi-Family Residential densities should be limited to the following; Neighborhood Centers 8 - 12 units per acre Community Commercial Centers 15 - 30 units per acre Urban Centers / Downtown' up to 40 units per acre • Only specific areas within the Downtown should be allowed to develop high density MF - several neighborhoods should be carefully protected and designated as Inappropriate for high density MF. • MF Design Standards are needed to address the following elements: parking not visible from adjacent roadways street-side landscaping architectural guidelines , concentration of units structure-to-dwelling ratios building styles (height & massing) (also open for additions & suggestions) 63. Comments- Denton Comprehensive Man Section 4 - Housing and Residential Land Use From - SandyKristdesoa Growth Management Assumptions - Agee with al I aseumpdons EXCEPT 04, accomodating edditiorW population that the nLtrScet dictates. Rather, the market demand should be accomodated man affordable rate for infrastructure and city services Increased financial burden to current 4ax and rate payers should be perceived u a negative growth incentive and curtailed throopfi such growth management tools at an adequate faeilides policy, Also, the two of growth should be determined by the current residents ofthe city. not only by market forces. C. Density Guldelines Assumption 011, Average, citywide SF density of SF10 (3units per acrex 4uniu per acre In Neighborhood Center I Prior to public review" neighborbood center" needs lobe dearly defined 2. Straight zonhrg could only be offered to SF IO or greater. . Densities below SF10 would have to adhere to strict architectural and design standards. 3. New SF development of$ (6.8) has not beaa addressed, discussed nor defined with the public and again would have to have strict design controls to retain long term value. 4 Mult -family development as addressed by basic assumption 012 dudy states the average density should be 14 tents per acre. The plan should reflect this to be the MAXIMUM density for multi- family development should not exceed 14 units per acre, most especially until our desired SFIM? ration of 60/40 is attained (assumixion 06, percentage o(MF to SP uses will be lee than Wsts today) The mix of units should be based on 1 and 2 bedroom units (Basle assumption 010 - I. S people per multi-family), 3 bedroom units act to exceed 33.3 %of total unit, Four bedroom units should be strongly discouraged in favor of free-standing SP dwellings or a separate zoning category. J This 14 unit per we that was discussed by the public and approved in the Growth Management Strsttgy ( Assumption 09 - residential densities will be the same as extct as exist today) reflects MF density that Is CZ SO units per sere, jiA40 units per acre, la 30 ants per acre, 2gL20 units per acre and = even 15 units per sae until our percentage of NW to SF uses is lee than today. F. There is no mats transit option to make eonalderadoa atincreased population densities viable, Again , GMS assumption 0 9 says reside odal densities will be the two that exist today - drop the word 'average'. Plan can be amended at such time as a mess traosh option Is available if desired M Housing- Do not recall the public discuulon of 50% of new residential construction as'affordable housing'. Until a complete and accurate hawing survey of single family housing (iackudiag current rental but potential owned) homes Is done, it will be dif@cul i to embrace this concept. l dso thlnk the city weds to be prepared to address the'seoondary' costs set this policy direction such as Impact on y taxes, scboots, social services, etc. r Renewed efforts must be .made to encourage a.& universities to embark on then own student housing efforts 64, MORRIS c •I i In-fin NO" density de»lopment such u town6omw with high urban steodrdt tend %thUlity should be d ll oitety be eneeur oged in the downtown area Density slandrde should pnMcl the courthouse as the premier butdlug In the area 3. Mendvxtimd housing within the ft - WAUr topic Chet wu not addressed In the publlc modnge, nor In the growth marWoosot WNW uwmpdana Thus should ooatim to be discourO&W antsy such time as the development code rmd design etsududs on wtittea They should contain sp Me, nwrowly written tremp thr would provide dw paectW to allow Its mainq, Put t. hold on this chapter until dur pubtie eomments rv, tamullienred housing H. Attainable FWuti the city d Denton should oertainly provide ataineble homing st the same level u surrounding cities in the region. It Is not the city's obiigwon to provide acre that odw communides who currently egjoy more Uvorswe total tax rotas. Market is what you make it - the economie development policy Is to enocurege high weir wo t«h Job that will in tarn mab a treed for avellobte housing V. Aollcia It Is tmreasooable for the city to presume all people who work In Denton should at t eat to live in Dow 5. NO - Dalgn and quality are eveo ran Important to adc tdrste bauhtg ptx*b In c rdr to sum housing kgpvky (elude example Is the Phoenbt apts) Residential fees and bnw!og inner then - Increased oats to the eurrent rate payers end tax payers should be discouraged and ridded a $The most important oompoant to the leaduse ehoger tho I fait to see even mentioned is the cannot supfoeilities port the gp row ry h, then the opdoon to d1wo nW dui growth shout be rdl owed,, not se modsted SUMMARY: The only legally defennble and approved policy regarding the Denton plan is the Growth Managem out Strategy and thelf usumpdoaL DistnUtion of e hnduu draft odw then that is d ilea ft io devalopan A ioeduas ohapta lnooae stmt b the t iS that b Natribtttd to Che pubUc may toad to wboteeete reJectioa d the plan , moth tikes 1947, m utdatmtre cireu+msuioe m b avoided at all oats given the Intense thought and "noted offal do his gooe hsto the ptao 1 ~ Ile a 65. c Craft Comprehensive Plan Revision Comments Prepared By Council Member Neil Durrance June 1999 ll~ Section 4 Housing and Residential Land Use E i _ Summary A. HOUSING IS THE PREDOMINANT LAND USE IN DENTON Housing and residential land use is one of the most important factors considered in the Comprehensive Plan. Residential land uses account for roughly one-half of the current developed land In the city, and AS population Increases the amount of land used for housing is likely to surpass the land used for supporting non-residential purposes, Houslug Is important, not only in its own right, but also because it strongly Influences the size of the population and Its balance of demographic factors, such as household size, age and income. B. JOBS & HOUSING GROWTH IMBALANCE. In recent years, the growth of employment has dramatically outpaced the growth of population in the City of Denton. This has been a major factor in increasing apartment rents and housing prices. There have been more new jobs than new housing units, in the period 1990 to 1998, the estimated employment In Denton Increased by 31% (from 37,050 to 48,450 non-construction jobs), while the estimate population Increased by only 10% (corn 66,270 to 73,050). Men~we* 1n-Benteef, }field heNSing (arses me{19ahas and remains a rs~onal rM r s„ L la not, comment +rat with thn 1--- hia either mm- mut;ng~~ dtv for, employment. Thl+ Imt,ntsR t . _ = e ti orJdorce both In an IhC.Sily_h forced long commutes and results in increa: . traffic congestion on the City's roads. Traffic congestion will get worse unless Denton and other cities In the area take action to provide ede~tteteepd well o] nn fides economic development at th1s es end nee a for hotslna w ,the-- rt 4~ ldes for eroplovme~nt lnsoni~netion with laAt t„ opportunities s?f.1 r,so the people may truly live, play Denton Dh st nd rd for q hn C. DENSITY GUIDELINES The Growth Management Strategy and Plan provides guidelines for future residential land development. An average of 3 to 4 units per greas no acre of developed land is projected for single-family, neighborhood-orientedresiden dal development; however, new development may range from 1 to 8 4 units per acre, depending ee-dte-tnerlteE i development relative to the transportation system and other land uses, M family residential development within mixed-use and higher density neighborhoods Is projected at a an evefege maaimym density of 14 units per gross acre of developed land with a likely range / of 9 to 30 14 units per acre. Outside the range of city services, large-lot, single-family 66. i development at 1 unit per 2 acres Is anticipated. D. FORECAST OF INCREASE IN POPULATION Population of 213,009 is projected to live in the 250 square mile Denton Area by the year 2020, an additional 127,600 people. About 90%, or 192,000, are expected to live within the City of Denton, an increase of 119,000 over the estimated 1998 popalation of about 73,000. E. HOUSEHOLD SIZE r Denton's current mix of families and households results in very urban demograpVcs. The average household size In Denton in 1990 was 2.3 persons per household, compared to 2.7 per household for Denton County and the Metroplex. Generally, household sizes are becoming smaller over time. In Denton In 1960, the average household size was 3.0. However, this trend may not hold true in Denton over the next few years. The rapidly increasing single-family residential market will likely attract many more young families to the city, while the percentage of muld•family housing units will shrink over the planning period. As a result of these factors, a constant household size factor is .Aed to forecast population: 2.8 persons per single-family housing unit and 1.8 persons per multi-family housing unit. F. CHANGES IN POPULATION DENSITY The Growth Mar..:gemcnt Strategy estimates a demand for approximately 49,000 additional housing units to accommodate 119,000 more people within the Denton urbanizing area by the year 2020. It is projected that the City In 2020 could encompass 101 square mile and have a population of 192,000, compared to an area of 56 square miles and an estimated population of 73, 050 In 1998. As a result, the projected density of the city will increase from N9 people per square mile In 1998 to an estimated 1,895 people per square mile is 2020. In 1998, the average density of sampled Dallas - Fort Worth Metroplex cities was 2,461 people per gross square mile and 3,678 people per developed square mile. 0. ANNUAL FORECAST GROWTH RATES Recent residential development has been more Intense and tessV anned or directed in the last year than for the previous ten years. In 1998, the city Issued building permits for 1,089 additional housing units, a 3.3% increase In the housing stock. The population forecast for the Planning Area used for the Growth Management Strategy used an accelerating annual pnpulation increase from approximately 2.2% in 1999 to 5.0% by the year 2004, with the annual number of new resident increasinguntil the year 2014 and then holding steady at an annual increase of 7,700, or approximately 3,300 additional housing units each year. The average annual growth rate Is approximately 4.0% over the 22-year period from 1998 to 2020 and the average annual increase in population within the city Is 5,400. H. FORECAST RESIDENTIAL LAND CONSUMPTION / 67. 1 The estimated increase In residential housing units are of three types: multi-family, neighborhood oriented single-family, and large lot single-family. Generally, muld•family and neighborhood oriented single-family residential development will take plaee be attempted f within the City of Denton, while large lot single-family residences that rely on individual septic disposal systems will be developed outside the provision of city services in Denton's extraterritorial jurisdiction. Based on anticipated residential development patterns within the Denton urbanizing area, 8,790 acres (13.7 square miles) of land will be required to accommodate an additional 49,000 housing units. Outside the urbanizing area, approximately 11,336 acres (17.7 square miles) will be required to accommodate an additional 5,700 low density single-family housing units. 1. RESIDENTIAL LAND USE ISSUES Housing and residential land use issues Include the following: 6 Sprawl and inefficient provision of urban services; D Neighborhood protection; 6 Manufactured housing siting; d Walkable neighborhoods and convenient neighborhood services; b Housing density, 6 Housing affordability; and, J Housing accessibility. It. Introduction Housing has different meaning to different people. Some people envision a farm with acreage, while others think of an apartment on the Square. Home ownership continues to be an Important element of the American Dream. Housing construction and land costs have made this goal of many households much more difficult to achieve, and growth Intensifies the competition and demand for existing homes. Homes that are similar to each other tend to be concentrated In one area, a phenomenon that creates neighborhoods based on Income. The business of real estate land development Develapfnem and lending practices are market-driven, and construction that is affordable for low and moderate income households is beee?:~eg more and raom mm less and less a concern for business and more a function of goyernmcnt and city planning. Because of their potentially greater impact on infrastructure, higher density apartments and manufactured housing should be located with great care. Neighborhoods can be dofined In many ways, but for the purposes of Ile Denton Plan, they are viewed as ties areas of diverse residential developmen ogenecus to the remainder of the community, formulated by a commonality of geaphe Imtion. Wpulad ijodal " , . functi on al chatacteris Neighborhoods form the background of Denton's citizenry, these 66, ` II f III qareas are Where uality where families tluive aNeighi firer go to a sexpected 1o be safe and secure play. . places of Neighborhoods face challenges as well. en essistaaee, D.-._ 511t8)1jY9fltfe for all r~atrr.~"~~ the small rn neighborhoods feel ov~ e~nvhejme~a by~~b0-~""!rems{m, s,;o;,,,-`TfOf=c~Y,-etld.ihsti citys ability to provide schools and other services, Other congestion and development that outstrips the Indicates that large-Jot, single-use neighborhood subdivAi ions ceasing to to urban cau sprawl, sincity 1 g nfrastructure systems to be stressed and Inefficient. When ,an inefficiently provided, tax dollar are not a are has also focused on the relationship between neily A recent series n national debates of life. ghborhood design and wall Current zoning trends :end to separate land uses from each other, increasing the need to travel and promoting social Isolation for the less mobile members of the community, Primarily the young, the elderly, and the disabled. These subdivision practices have been found to contribute to increased vehicle use, ve,Vcle speeds and thoroughfare traffic congestion. These issues must be understood as Denton Is future is planned. Residential land use accounts for about 40 nt of all In 1993, there were 35,744 total acres within the City bounda current developed land in the city, Aocordin m the City s land use Inventory 18,318 acres, or 51.2 percent, were deve oiled. 17 426 acres, or 48.8 percent were developed (Table 4.1). A. DIAIINISIIIN() DENSITY At the end of World War If the City of Denton was a very urban, densely populated city. It is this period and development pattern that long•dme residents refer to as othe days". Denton in 1945 had a population of 16,282 within 3,21 square miles, a density ofd over 5000 people per square mile. The development pattern was comprised of gridded streets, with ll lots and rresrelidencesatively mixed uses stores,aand offices,° prom 1945 to 1970, the city added area a a mu greater rate than the rate of g ~ multi-family population increase. The area within the city increased nine-fold while the population increased by about 21/2 times, Since 1970, the population densi remained very constant; 1,361 persons per square mile, in 1970 and 1,340 Persons per mile in 1999 (Table 4.2), ty has square Denton has been subjected to the same sprawling development pattern that has affected most metropolitan areas since World 'War It. Since 1945, the city's population has increased by a little less than five-fold. In the same time, the land area within the city limits has Increased by seventeen-fold. Residential subdivisions have been developed that are not contiguous to any other subdivision. As a result, the cost of providing public services, which is a function of the area of coverage, and the ten lines, has Increased at a faster rate than would hs a been req and Water, under a more comp ~c less sprawling development pattern. 69. t ar I i Since 1960, 48,156 people have been added to the city, while 46.74 square mUes have been added, or 1,030 people per square mile, less than 13 persons per acre. Robert Burchell, in the Casts of Sprawl - Revisited, writes about the ten d Oining elements of sprawl (Table 4.3). Development In Denton since 1970 exhibits 1posi ' ~ekb lements to a signifi cant degree. It is important to understand that an element*1 as both negative and positive connotations, depending upon the polh b p cit6tnpple: Low-density residential development costs more in terms of by is , tal 8}l o rating costs, sense of commurvIN vehicle miles traveled, and envIt6nipenta de aelaNo bu( V perceived by many reft&0ts to be safer and less congested. The three Orimary efinnllpg elements of sprawl are prevalent in recent development to Demon: leapfrog development, low density, and unlimited outward expatlsloil. III. Existing Conditions Denton's single-family homes come in many styles, sites and ages. In the much-admired, historic core of the community, older stone bungalows and clapboard sided mansions exist side-by-side. Many dwellings in the older part of Denton would today be classified as accessory dwellings: dwellings such as an apartment above a garage or at the rear of a home that is secondary to the primary residence on the property. The trend in newer residential development has been toward subdivisions and neighborhoods that have similar characteristics. Zoning that has been In place since 1969 and lending practices that minimize lenders' risk have led to conformity of the newer housing stock, j compared to the diverse housing built In the city prior to 1969, the year the city's first zoning j ordinance was enacted. 1 Thy University of North Texas and Texas Woman's University play a significant role In the dcnawd for housing in the city. Because of a relatively young, transient, and very mobile univvrsityltelatedpopulation, Denton has a greater percentage of muld-family dwelling units that any other community in the DallasiFort Worth metroplex. There Is a wide variety of sacral masd-family housing types, ranging from duplexes to large apartment complexes that oflir marl amenities, such as clubhouses, pools, and security. The nearly equal mix of single- and multi-family housing currently In Kenton produces household characteristics that are very unusual. Denton has an unusually large number of households that have only one or two people, resuldng in an average household size of 23 persons per household that is about 20% less than the average household rze elsewhere In the region. A. HOUSING SUPPLY & DEMAND t ! 70. f Growth in the local and regional economics depends to large part on the community's ability to house its population. In 1990, these were nearly 29,.'100 housing units in the city, with an almost equal distribution between single-family and multi-family units, and an overall j vacancy rate of 1696. 1. Supply Since 1990 the housing supply in Denton has lacreased at a slow rate, although multi-family housing has increased rapidly since 1996 ar,d single-family housing increased dramatically in 1998. During the period, the housing stxk in Denton increased by 11%, or about 1.21yo annually, to a 1998'uousing stock of nearly 32,000 dwelling units. Building permit ictivitysince 1990 indicates the changing demands for housing, particularly since 1995. In 1998, the number of new housing units permitted was more than twice the annual average since 1990. In the last three years, permitted multi-family units have been greater than sin ;lc-family permitted units, but since 1990 more single family units have been permitted than muld•family units. 2. Demand The best indicators of housing demand are local and regional job creation and economic activity. Regional job creation and in-migration Is a critical factor in the population forecasts completed for The Denton Plan. Since 1990, the D/FW metroplex has had a 3% annual growth rate of non-construction employment. Denton has increased at an even greater annual growth rate, 3.6% per year on average. The volume of gross industrial sales is another indicator of economic activity and housing demand, Since 1990, retail sales in Denton have increased by 9S%, an annual growth rate of 8.89'0: from $153,149,063 in the second quarter of 1990 to $299,116,057 in the second quarter of 1998, the latest data available. Sales in Denton for all industrial sectors increased by 45% during the same period, an annual growth rate of 4.4%. Even though sales activity in Denton has been relatively robust since 1990, the city has lost market share within Denton County, In 1990, the city accounted for 42% of all Denton County retail sales, but by 1998 its share had shrunk to 29%. :a 1990, the cit', : ccounted for 49% of gross sales for all industries, but by 1998 its shave had shrut,k to j1%. This trend parallels Denton's share of population in Denton County, but on a more compressed and accelerated curve. In 1960, thr City of Denton accounted for 56591 of all population in Denton County, but by 1998, its share of population had decreaskA to 195% of all County population. i Overall, it appears that since 1990, the supply of housing has been dramatically outpaced by the demand for housing. The supply of housing has increased at a rate of 1.2% per year while the creation of non-construction jobs has increased at an annual rate of 3.6% per year and gross sales for all Industries have Increased at an annual rate of 4A%. r A. , r f•, 71. i The City's population forecast and required housing to satisfy this demand is (%played in the following table (Table 4A). The forecast provides an average annual growth rate of about 49o' and anticipates that the City's population will double by the year X014. The housing mix between single-family and multi-family housing will shift toward a dominance by single-family housing. 3. Housing Prices Housing price is the reflection of supply of and demand for housing. The recent trend of rapidly rising housing prices is an indicator of demand outstripping supply. From 1993 through 1998, the median sales price of all housing transactions in the Denton Multiple Listing Service (MLS) area increased by 60%, from $80,000 in 1993 to $127,800 in 1998. In 1993, half of all houses sold in Denton sold for less than $80.000. In 1998, only 1 of every six houses sold for less than $80,000. B. HOUSING COSTS The cost of buying a house is dependent to a great degree on the prevailing interest rate. For example, the household income required to support a $125,000 house with a 10% mortgage is 34% greater than the income required if the mortgage was for the same anount but the rate is 6%. In 1997, the annual median household income in the city was estimated at $31,804. The median price of houses sold in the Denton MLS area was $118,5W, or 3.7 times the median household income. Depending on Interest rates, a household can usually afford a house valued at 21/2 to 3 times their annual household income. In 1998, the average permitted value of newly constructed single-family homes was about $133,000. This value is calculated using an average value per square foot of $49. In reality, the market rate per square foot for new construction is more like $65 to $70 per square foot. If the average permitted value is Inflated to reflect the market value per square foot, the average value of a new single-family home in Denton In 1998 was more like $183,000. If the relationship between median and average household incomes remains the same in 1997 as in the 19W census, the average household income in Denton in 1997 was about 42,780. The average housing price In 1998 was then 4 to 41/2 times the average income. C. HOUSING TENURE Housing tenure is a leading indicator in communities that desire to create or maintain a "sense of place". Home ownership can Indicate the level of commitment that residents have for their community. Denton, at 39%, has the lowest percentage of owner-oocupied housing units within the Dallas/Fort Worth metropiex. The large number of university-related househo!ds Is a significant factor contributing to the low percentage of owner-occupied housing. The growth of UNT and TWU has paralleled the decline in owner-occupancy rate in the city. In 1960, the city's percentage of owner-oocupled housing was relatively close to the state-wide rate, but by 1990 the citys owner-oaapancy rate was less than 2/3 that of 72 I i I Texas. With respect to housing tenure, Denton is a much different place than it was in 1960. In ' 1960, the City of Denton's population of 26,844 represented more than 5695 of all the C population in Denton County. Since then, Denton has become a much smaller percenta ge of the Denton County population (less than 20% in 1998) and housing tenure has shifted dramatically toward rental housing. More than twice as many renter-occupied units have been added to the housing supply than owner-occupled units. Between 1960 and IM, 12,636 additional tenter-occupied housing units were added to the city, accounting for 70 percent of all new housing units added to the city's housing stock. Rental housing in the city is not only prevalent in typical multi-family structures, but extends to sirgle-family residences and mobile homes as weU. In 1990, more than 1 of every four (28%) single-family residence in Denton was renter-occupied. In addition, more than 30% of all mobile homes were renter occupied. The pMod from 1990 through 1998 has somewhat reversed the rental housing boom in Dcntoa from 1960 through 1990. Since 1990, 59% of all housing units permitted have been single-family residences, either detached or attached, compared to just 30% of the housing units added from 1960 to 1990. D. HOUSEHOLD CHARACTERISTICS Understanding household size, income and composition Is critical to understanding the city's housing needs. Denton has household demographics that are clearly different from the rest of Denton County. The city's households are very urban in character. household size Is smaller, households are younger, the percentage of traditional families is smaller, and people and families are poorer than characteristics of the balance of the County. 1. Household Size Since 1960, the last census when owner-occupancy in Denton resembled state-wide data, the average household size In Denton has decreased from 3.0 to 2.3 persons per household. The median household size is significantly less than 2.0 persons per household; 66% of all households in the City have only one or two persons, according to the 1990 census. A policy decision by the universities may be singularly responsible for both the decrease in owner-occupancy and household size In Denton; both indicators of community stability and sense of place. In 1970, the group quarters population In Denton was 6,929, mostly college students living in dorms, accounting for 17% of all population in Denton. In 1990, virtually the same number of residents lived in group quarters, 6,994, but a significant Increase in population in jails and nursing homes had occurred, resulting In an actual decline in the number of college students living in dormitories. During this period, enrollment In the two t universities increased rapidly, with more students living off-campus In rectal housing. From 1960 to 1990, the average household size in Denton went from 3.0 to 2.3, so that in 1990 it r 73. 1 e was roughly 20% less than the balance of Denton County, 23 versus 2.9 per household. From 1960 to 1990, owner-occupied housing units decreased from 60% to 39% of all housing in Denton. University policy to expand enrollment without on-campus housing has resulted in many of the negative characteristics seen in the community today. Principally, the need for students to live off-campus has resulted in a large percentage of rental, multi-family housing units, which in tum has resulted In the need for transportation to and from home to campus and work. It has also lead to many students living oL. of the city. This has resulted in traffic congestion and parking constraints throughout the community, two of the most often-heard complaints about growth In general that are heard today. A polity of the universities to take responsibility for housing more students on-campus would result in reduced traffic, reduced parking demand, increased pride of ownership and a more walkable community. 2. Household Incoma Household income is another important element in the housing and residential land use equation. Denton is the historic center of Denton County. As late as 1970, the population of the City of Denton accounted for more than half the total population of Denton County. By 1990, the city's share of county population had decreased to less than 25% of total county population. 1998 population estimates show Denton with less than 20% of total county population. Denton still has a concentration of the county's poor persons, households and families. 19% of all persons, 22% of all households, and 10% of all families In Denton in 1990 lived In poverty. The percentage of families living in poverty in the balance of the county Is 3%. Person and household measures may reflect student-related population, but the percentage of families living In poverty in Denton has little to do with the universities. The city had more than half of all persons and households in Denton County that lived in poverty and nearly half of all families. Denton also lags considerably behind the rest of Denton County in terms of household (64% of County), family (76% of County) and per capita (68% of County) income. 3. Household Composition Household composition is Important in understanding the demand for each type of housing in the community. Denton has a significant majority of small households. Two of every three households have only one or two people; only 1 of every five households has more than three people. Denton has an unusually small percentage of residents that live in family households (640M), compared to other cities in the area (85 - 9595). B ZONING HOLDING CAPACITY Zoning-based holding capacity models of a city can predict its ultimate population, based on a set of assumptions about future development patterns and densities. The analysis does I 74. f I I~ not attempt to predict the time at which the ultimate pop ilation will be reached. Basic assumptions are developed regarding the land area, zoning and development patterns, and economic relationships. Analysis Indicates that there are 22,858 acres available for residential development within j the City of Denton and its surrounded ETJ. With current zoning and assumed development patterns, this land has a capacity to hold 107,597 housing units, an average density of 4.7 j units per acre, including both single- and multi-family development. Currently within the city there are 31,934 housing units on 7,465 acres, an average density of 4.3 units per acre. The zoning-based holding capacity analysis indicates that the city and its siurounded ETJ can accommodate an additional 75,653 housing units consistent with existing development patterns. At an average household size of 23 persons per unit, there j is enough land surrounded by the 1999 city boundary to accommodate an additional population of about 175,000 persons, if all land is developed to capacity. 1. Easily Developable Land The holding capacity analysis changes somewhat if environmental considerations such rs floodplain preservation are taken Into consideration. Analysis indicates that there are 18,960 acres net of floodplain available for residential development within the City of Denton and its surrounded ETJ. With current zoning and assumed development patterns, this land has a capacity to hold 91,108 housing units, an average density of 4.8 units per acre, including both single- and multi-family development. The zoning-based holding capacity analysis indicates that the city and its surrounded ETJ can accommodate an additional 59,174 housing units consistent with existing development patterns and preserving all floodplain from potential future development. At an average household size of 23 persons per unit, there is enough land surrounded by thi 1999 city boundary to accommodate an additional population of about 136,000 persons, if all land is developed to capacity. This would accommodate the population of 192,000 projected to live within the City of Denton by the year 2020 within the 71 square mile currently within the City and its enveloped ETJ. F. LOCATION OF RECENT RESIDENTIAL DEVELOPMENT Recent residential platting activity has been concentrated in southern Denton, in a triangle formed by I.35W and I.35E. This Is where the largest inventory of vacant land within the City is located and reflects the market pressures for development that are moving up 1.35E and 1-35W from Dallas and Fort Worth. In 1998, 75% of all single-family lots approved through final plats were located in the southern triangle. However, the number of acres platted accounted for only 47% of ali the land that was final platted for single-family use. One very large, low-density subdivision in ; far-east Denton skcwrs the data with respect to platted land area. 75. t Because there are large tracts of undeveloped land and the road system can accommodate development, the southern triangle area will continue to see the bulk of platting and development activity in the next several years. 0. PUBLICLY ASSISTED & SPECIAL. NEEDS HOUSING The 1995 Consolidated Plan for Housing and Comrunity Development documents the extent of publicly assisted and special needs housing in Denton. The City of Denton and three other entities are the primary providers of assisted housing In the city. 1. The City of Denton The City provides housing assistance to low- and moderate-income households through an array of programs funded with federal CDBG and HOME funds, Includip8: Home Buyers Assistance Program, Rental Rehabilitation Program, Homeowner Rehabilitation Program, Emergency Repair Program, and Housing Reconstruction Program. The City recently constructed 4 new single-family housing units. 2. The Denton Public Housing Authority The PHA owns, maintains and operates 116 dwelling units for low-income families at the Phoenix Apartments, 140 units for low-income elderly at Heritage Oaks, and 24 units for low-income elderly at Pecan Place. In addition, it manages 445 Section 8 vouchers and 652 M Section 8 certificates that provide rental assistance to low-income households. 3. Fairhaven The Fairhaven Retirement Home, constructed with federal Section 202 funds, provides 48 units of low cost housing for persons 62 and older. Nine units are available under the Section 8 program. An additional 40 Section 202 units are under construction at Fair Oaks, scheduled to be available in 1999. 4. Denton Affordable Housing Corporation The Denton Affordable Housing Corporation is the only certified Community Housing De, .lopment Organization that operates in the City. It has provided borne ownership opportunities for low- and moderate-income households through the renovation and construction of 16 single-family dwelling units and owns and operates 12 rental units for low-income households. S. Low Income Housing Tax Credit Program There are currently two apartment developments, Country Park and Waterton' at Spencer Oaks with combined 276 rental units, that received Low Income Housing Tax Credits to assist development. A third project, Pebblebrook with 250 units, is scheduled for completion i in 1999. f 4 6. Other Special Needs Housing I k I t I A total of 530 units of skilled and intermediate nursing care facilities are available. i IV. c Land Use Issues Many important issues In Denton today, such as traffic congestion, parking, neighborhood integrity and safety, stem from the way in which the city is developing its residential land uses. (Refer to section 19 • Urban Design). A. RESIDENTIAL LAND USE 1. Inefficiencies of Land Use Development patterns recently occurring In and around Denton have not been efficient in terms of land use. planning or with regard to the Impact on Infrastructure and eidsting neig borhoods. Subdivisions are developed without any contiguity to other developed area, resulting in a leapfrog development pattern. !it addition, large eaaetmts 0 ° EeAd are tied ap k In planning for a more efficient urban form for the Denton of the year 2020, the four maior factors of planning must be considered. Those factors are: 1) timing of gtowth:2) quality of growth: 3) guanti of growth: and 41 tvoe of growth. The location of new residential development in undeveloped Infill areas that is already served by utilities and roads, as well as areas that are contiguous to developed areas, is reasonable public policy and should be encouraged through planning and provision of urban services. 2. Inconsistency of Residential Density Distribution. Much of the projected urbanizing area is not within the City boundary of Denton and therefore not subject to any zoning controls. The city has and should maintain the oolicv of aggressive annexation to prevent uncontrolled growth. Until these areas are subject to the development management tools of the City, development may be sporadic and not necessarily In conformance with the Growth Management Strategy of the City. Much current development outside the City is controlled today by the minimum tot size required to support an individual septic disposal system. This results In lot sizes for residential and non-residential u ,ts that are oac acre or greater in size. As these areas are provided more urban services and are incorporated Into the City, surrounding development may be at much greater densities and carry different expectations about design standards. These potential inconsistencies in development patterns can be more carefully managed through the lay's annexation and utility extension policies. Within the City, there are also many cases where previously accepted densities are inconsistent with the Growth Management Strategy and with the trend In new residential development patterns. There is an attitude in the City that lot size Is related to the value t, of the residence that is built upon that lot. Many residents In existing neighborhoods are ! 77. i rightfully driven by a desire to protect the value of their investment in their home. But they easily . that take adyantage of !he green, epeti speee the ;~~Z_ Rathef then all Standards in addition to 10l size andVor amenities should be devc'ooed by the city in conjunction with the policies set forth in ,C6 Ater 12, - Urban Design. to define gyalily growth. The values and standards of the community and surrounding nr ghborhoods should be translated Into R,liciec of tim'np'gyshty. quantity and i)= of growth Common areas are often created within the~fioodpla n and dedicated for public purposes (such as recreation, environmental protection or drainage control) and homes are developed on smaller lots that share these common open spaces. Recently approved developments in Denton such at the Preserve at Pecan Creek and the Ryan Ranch have Incorporated these principles. While preservation of home t alues is an Important individual and community objective, the misunderstanding about lot sizes and residential density should not be allowed to continue. In many cases, increased density is directly related to Increased home value. At Its extreme, f this is certainly true. The most valuable residential real estate in the county Is in the central cities of New York, San Francisco, and Honolulu, the most densely populated areas of the county. Locally, the cities of Highland Park and University Park in the Dallas area have the highest home values in the metroplex; they are also the most densely developed, with densities of 4,076 and 6,163 pcrons per square mile respectively. In centrast, the density of Denton today is 1,314 persons per square wile and In the year 2020, with a population of 191,910 within a city area of 1013 square miles, the City would have a density of 1,895 persons per square mile. The Growth Management Strategy Includes a projected density of 3 to 4 units per grow acre of new single-family residential development. This is consistent with recent urban development patterns and allov,s for a variety of housing types and lot sizes ranging from 1 to 6 4 units per acre. A more dense single-family residential pattern should be allowed when there Is common space dedicated for public purposes and near neighborhood centers that have such urban features as parks, schools, libraries, shopping or other neighborhood services. However, the factors of urban development must not be allowed to result in a &crioration of the q all of life of the citizens and encroach upon the neighborhood integrity of the existing neighborhoods of the commuai,M 3. Conflicts Between Land Uses Conflicting land uses can threaten the viability, identity and quality of life of some An residential neighborhoods. Big box retail, large scale apartment and office complexes and i 78. I industrial land uses, if not relegated to areas of the city with proper buffering and supporting infrastructure, can encroach upon, and in some cases eliminate, the residential character of some neighborhoods. The original zoning laws of the nation were established to Isolate smokestack industries from residential neighborhoods. But in the last forty years, zoning has contributed to totally Isolating single-use zones from one another _and not toward h - homoeenous comm n. with e fr flow and interaction of t1 r.nonna, Large houses are isolated from medium-sized houses, which are Isolated from small houses. The corner grocery store has been zoned off of the corner. The typical small town that so many j baby beemets citizen pine for could no longer be duplicated under most current zoning regulations. Walkable communities that sustain value and resources are unable to be developed today without special zoning axommodations. Howev'~er, manyperceived conflicts between land uses are not supported by any factual data. quali&3 of life, Bf Small office structures that mimic neighborhood design features may not negatively Impact the value or quality of life of a neighborhood. Small apartment buildings that accommodate households that are new or old may not negatively impact the value or quality of life of a neighborhood. Small businesses that provide truly neighborhood services and mimic the design features of the neighborhood may not negatively impact the value or quality of life of a neighborhood. In fact, there Is e growing body of information that these types of mixed-uses In neighborhoods add value, and add to the quality of life In neighborhoods. 4. Uncoordinated & Inefficient Service Provision The Denton Study Area includes the current city boundary plus the city's extraterritorial jurisdiction and is 252 square miles. While the City has subdivision and land development authority within its ETJ, enforcement retlulres the assistance of Denton County officials. City water and wastewater utilities have service areas that extend beyond the projected City boundary into the study area. There are many areas of the city's ETJ that are completely surrounded by land that is within the City limits. This situation leads to confusing responsibilities about jurisdiction regarding police and fire protection and other municipal services. These pockets of land surrounded by the City are not subject to City zoning. Growth management is difficult. In addition, there ate some cxfsdng and several proposed Municipal Utility Districts that provide services, primarily fresh water districts that purchase water wholesale from the Upper Trinity Regional Water District. r There are also six school districts that extend into the Denton Study Area: Denton, Argyle, Ponder, Krum, Sanger and Pilot Point. Land use decisions at the edges of these districts that shift one type of use from one district to another can have serious fiscal Impacts. Growth should be managed not to exp~~rbate. the problems of growth [o}e associated r , school drstric 79. C a The Growth Management Strategy proposes that residential development within the urbanizing area should be at urban density of 3 to 4 units per gross acre. Outside the urbanizing area, where water utilities, specifically central wastt.water service Is not likely, development should occur at the expense of the parties for the development and not for that of the current citizens of Denton. Management of the expanding urbanizing area will be crucial. Coordination between the city and the county, school districts, and any independent utility districts is important to manage development so that utilities and other urban services canbe delivered at the lowest possible cast and highest possible level of service. 5. Role of Manufactured Housing The role of rnanufaetufed housing In the eemfnuf~iiy must be Nseh,ed. Fef some tifwft4i~~ xsing . beets e-family }sasses. on lesgleed pett "firit- Me twels'a years age. in Ae mantifeetured heusing Industry W9 time period represen a stollen ium. NianufaetuFed heming today is Aet who! it was just twelye yea" age AAA-M-Aptured housing is a~-ailable the! meets the Wiferm Building 61 Fiats h AN g4uh traditional degign feawfes as two siery eeratmedem, weed siding of p•tfehed-ree6, -@ffd• ..J-A0Wq and doers. i household ehareeiefimies, inantAefored housing ean play an impertont rele in meeting the -~9 nuleetufed homing t~n~:~~~;; fe'eS° ot" lem, density manufactured Musing is mere likely !a emr elsewhefe wititin the . Manufactured howing has and remains a major Impediment to planned and contEpud growth. By its v nature. manufactured housing is tem ra . often problematic with jUard t`o suoplyjng ci services and usually Maly maintained. If such :levelopment is found in the E'TJ. the utilities provided are of such sub-standard application to make annaationcostly and unat,ractive. Manufactured housing often represents the leastA=UW of investment and dedication to the cily values. intepligr and quality of life issues associated with other types of housing grrh r, manufactured housing is rarely. if ever, found in the neighborhood centers of well planned cities As such. manufactured housing should be B0. i _ I t i I prohibited inside the cib limits. Every effort should be made by the city should be made to insure that we of proposed annexation to the city are not the subject of manufactured housing. Where manufactured housing exists in the city and ET.t presently. the city should encourage re-development and revitalization of such areas for more appropriate land ule, 6. Downtown Housing The historic downtown area of Denton offers many unique opportunities to play a role in housing a growing segment of the community: small, non-family households that are interested in living near where they work, play or go to school. The area generally bounded by Carroll Boulevard, Eagle Drive, Bell Avenue and Congress Street has the potential to add many housing units within walking distance to the University of North Texas, Texas Woman's University, parks, jobs and entertainment venues. The area is currently dominated (with the exception of the courthouse square) by single-story, under-utilized remnants of 1960 Denton: auto. and construction-oriented service establishments. Throughout the United States, downtown housing is currently booming. Cities are reversing a long, steady decline in the number of housing units in their core areas. In Denton, this phenomenon is occurring at avery small scale. Housing units are being created above stores a few units at a time. The Pecan Place senior housing project Is the largest recent downtown housing project. High-density, urban-style housing should be encouraged in the downtown area through mixed-use types of projects. The city can facilitate this development by providing convenient transit service that connects to the universities, job centers and shopping areas, walkable streets that allow safe and pleasant pedestrian connections from dowww rt to both universities, and keeping major city institutions such as the library, city hall and police departments in the downtown area. 1 7. Neighborhood Oner,ted Services The concept of mixed-use neighborhoods is a growing trend in the United States. Zoning that allows the location of neighborhood-oriented services, carefully coatrolled with respect to design standards and linkages to the neighborhood, would encourage the concept of walkable community. Since World War 11, the growth of single-occupant vehicle use and single-use zoning districni have combined to isolate residential development from other non-residential uses, as well as from other types of residential uses. Large houses are surrounded by like-sized houses, and small houses and multi-family housing are carefully isolated from aJ other housing. Office and retail uses that are truly neighborhood oriented and are consistent with neighborhood character should be allowed to be located within centers created to serve t neighborhoods. Design standards with rega,-d to size and character must be developed to i 81. i w i assure neighborhood compatibility. The zoning ordinance and the design of subdivisions have no, allowed for the provision of this misunderstood, but increasingly popular, characteristic of residential and community development. 8. Variety In Housing One of th. adopted policies related to housing is to encourage a variety of housing types, i styles, sizes and prices within the same neighborhood. Neighborhood stability could be enhanced by allowing households to stay within the same neighborhood as households and i housing tx;eds chang,•. 11oMer, the standards for housina In the liy should not be compromised based on "marker ana is" or perceived Mulationa of the city, In short. he city of Denton should not become a low Income dumping around for the metropl area. A newlywed couple does not need the same size house as a two-parent, two-cWId family, or an empty-nester household or a widowed grandparent. The cLrrent zoning ordinance and prevailing development patterns require that families move from one neighborhood to another as their housing needs change, because recently created subdivisions are so homogenous, with houses that are all relatively the same, Grandpa and Grandma are now unlikely to live in the same neighborhood as their grandchildren because their housing needs can not be met in typical new subdivisions. B. HOUSING 1, Attainable Housing Housing In Denton must be attainable to those who work or matriculate in Denton and want to live In Dent,)n. Attainable housing Is housing that is available, accessible and affordable, I I a. Availability The demand for housing in Denton is currently very high relative to its supply. The supply 1 of university student-oriented housing has lagged behind its demand, changing household characteristics have created demand for new types of housing, and the strong local, regional, state and national economies have resulted in a lag in the local supply of traditional single-family housing reladve to demand. b, Accessibility Ilousing in Denton is becoming more and more inaccessible to a majority of the city's residents. New subdivisions offer a common lot size, developed with houses that are like all the others, accessible only to a narrow range of residents. In addition, new single-family housing development is often isolated from jobs, shopping, schools and other places that people need to visit on a daily basis. Housing is not accessible to other land uses. C. Affordability }lousing demand that is greater than supply has led to rapidly increasing housing prices. This pressure tends to produce new housing that Is only at the upper end of the housing A marketing spectrum. For most members of the community, new housing Is less and less , likely, A full range of housing should be available In Denton to that all members of the 8z. i i community that want to can live here. This housing should be accessible to work, play, education and shopp;ng. 2. Attainable Housing Assistance for Low & Moderate Income Households to ref of law As more traditional suburban development occurs throughout the balance of Denton Cour.y, the city of Denton is home to more and more households that require affordable, more urban-style housing. 'these households include the poor, that disabled, the transportation-disadvan Aged, the young, the old, and bingle-parent families. The defna nd (of housing a"Istanee programs in the ehy Is greater tb i supply-ef heus<ng sekebilitetian and Substandard housing unti and long waiting lists are currently experienced by the Denton Public Housing Authority. However, the standards for housing the ci should not be comorQrzised based on "market anal ty s's "oror perceived pgNlations of the city. In short, the city of Denton should not become a low income dumpingyround for the metroplex area. Over the past two decades state and federally funded housing assistance has been greatly reduced while the need for assistance has dramatically Increased. In addition, many housing units that were assisted twenty or more years ago and have been available for low-income households are now at the end of their commitments to maintain the units in affordable housing programs. These units are be In& converted to market rate units and many long-term elderly and low-income residents are unable to stay in their homes. The median price of houses sold in Denton Increased by 61)35 from 1993 to 1996, while the area's median household income increased by only 20% during the same period. 3. University Oriented Housing Location & Demand Collectively, the University of North Texas and Texas Woman's University had a 1998 enrollment of about 34,000 students. It is estimated tha' less than half the enrolled students live in the city. University students live in unique households with unique transportation demands. The demographics of university oriented households tend to be either small households or larger households made up of several unrelated individuals. The city and its citizens are mindful of the mI Jkes of the oast in the kreMM! known as the Owlsey Addition. Student o cresult in the general devaluation and housing roust not be allowed to' deterioration of the surrounding neighborhoods with the attendant problems for ding of ci services. Transportation demands created by these households tend o be n1ti-modal with a central node on campus. As a result, many of these househbjd 'b uld be accommodated with 83. I I i~ i 1 relatively high density In close proximity to the two campuses provided each dev topment is consistent with urban teetgn co alto no~oroduce cluster of low valued hod". The area along the I-35E condor between Dallas Drive and Avenue D, northward to Oak and University, between Dallas Drive and Bell Avenue on the east and I-35 on the west Is an ideal location for universiry.oriented, high-density housing. V. c Policies A. HOUSING POLICIES 1. Alternative types of housing that respond to the differing economic and Individual lif ;-styles of Denton's citizens should be developed In all areas of the city to achieve balance and diversity. All people who work in Denton should be able to live In Denton. 2. Homes that vary in lot site, building size, and cost may be permitted in new development. The ability to establish a reasonable housing price range should be governed by-metket-ferees as a function of timing, quality, quantity and type of housing for the particular area taking into consideration the Impact on the surrounding neighborhoods and city services. 3. Existing housing stock, , should be protected and preserved to avoid the loss of dwelling unlu that are unlikely to be replaced. 4. Incentives should be Investigated to encourage infill housing construction, especially in conjunction with neighborhood revitalization plans. 5. Design and construction quality expectations should not be relaxed in order to meet affordable housing objectives. 6. h2whigli1pr_, otbited le he city limits and the ctq ahou nt td striva to preyent development in the •Tl. 7. The need to provide a sufficient amount of land to accommodate housing demand should be balanced by the desire to maintain compact urban patterns. 81 The range of housing types available for the specialized needs of the elderly, disabled, low Income, students, single-person, or female-headed households should be acknowledged as part of a strategy to diversify the city's neighborhoods. 84. Ii I S I i. I li { I I i 9. Areas where higher housing densities are allowed should be permitted only when the suppemed Is the availability of employment, commercial services, public utilities and facilities, and transit, pedestrian, and bicycle systems to supp n such higher densities are available B. NEIGHBORHOOD POLICIES 1. All neighborhoods shall be served by adequate infrastructure and shall have adequate access to public and community facilities as a [unction of future planning for exist neighborhoods and required establishment for new development. 2. Land use policies that encourage a mix of uses should be investigated to offer a rang: of benefits to residents and the entire city. Standards should be developed to ensure will-designed mixed-use projects for undeveloped property, Including the mitigation of any potential adverse Impacts of existing neighborhoods. 3. Existing neighborhoods should be protected and preserved. 4. Bicycle and pedestrian traffic within and between neighborhoods should be encouraged to promote public safety and reduce vehicle use. 5. Discussions should be Initiated to determine how neighborhoods can be designed to promote social contact and civic responsibility. The mobility Impaired citizens of the city, including the elderly, young and disabled, should be provided affordable and timely access to stores, libraries, parks, amusements, and other facilities that promote social well-being. 6. A forum should be developed to address neighborhood quality of life issues, avoid , competition for resources among neighborhoods and ensure that the larger community interests are not sacrificed for the Interests of a single neighborhood. The City of Denton will designate a "single point of contact" staff liaison to provide information and support to neighborhood groups. V1. c future Residential Development Needs A. RESIDENTIAL LAND NEEDS The Denton Plan population forecast for the Denton urbanizing area projects a demand for 30,220 additional single-family housing units and 18,430 additional muld-family housing units to accommodate an additional 119,000 population within the Denton urbanizing area by the year 2020. r The density of development determines the land required to accommodate these new e, residents. The density also determines the cost of providing services to new development. B5. j I 1 At one extreme, if all new development were required to have a grow density of 1 unit per acre, the City would be required to provide services to an additional 47.2 square miles, nearly the same area as within the current city limits. On the other hand, if new development occurs at a rate of 3 or 4 units per acre, all new single-family development for the period 1998-2020 could be accommodated by utilizing the undeveloped land surrounded by the current City boundaries. If all the 30,220 single-family units projected as needed by 2020 were added to the existing 17,390 single-family units and placed on the 22,617 acres of land currently assumed to be availablewithin the City for single-family development, the resulting density for single-family development would be 2.1 units par acre (Table 43). If all It 18,430 multi-family units projected as needed by 2020 were added to the existing 14,348 multi-family units and placed on the 2,260 acres of land currently zoned within the City for multi-family development, the resulting density for multi-family development would be 14.5 units per acre (Table 4.6). Land requirements, and the cost of providing urban oervices such as solid waste, fire and police protection, streets, water and wastewater, ar., greatly reduced as density Is Increased. The required !and to accommodate the anticipated demand for single-family housing units is on the order of ten times greater than the land required to accommodate the anticipated multi-family housing demand. Current and projected residential densities within Individual sub-arras of the Denton urbanizing area will change dramatically over the next twenty years. However, the overall density in Denton Is projected to Increase very slightly, from 1,340 people per square mile within the city in 1999 to 1,895 people per square mile within the urbanized area by 2020 (Table 4.7). 1 The most dramatic change In land use and density will be in the southern portion of the Denton urban(; ing area. Currently, the population density is estimated at 238 persons per square mile. By the year 2020, if growth and its distribution occur as projected, the density in the south could reach 2,045 persons per square mile. Because there is currently 1itti%! rmn-residential development in the south and little is projected, the population density by the year 2020 In the soutl, could be greater than In central and northern portions of the urban area, where most of the non-residential and Institutional land uses are located. At a developed density o. " ' 05 persons per square mile projected for a City population of 191,910 within a city of 101.3 square miles in the year 2020, Denton will still be one-thud less der.sely populated than it was In 1960, when there were 2,910 persons per square mile, Many tong-time residents look back to 1960 as an Ideal period for Denton with regard to population density and related issues such as traffic volumes and congestion. In this range of densities, there Is little or no correlation between population density and traffic-related issues. In fact, th.y may be inversely related. As population Increases, leer density (housing ! units per acre) probably results In more traffic volumes and congestion, rising tastes, 86. k I w l I 1 i s Increasing pollution and other social problem. B. RESIDENTIAL TARGET DENSITIES BY AREA i Residential land uses should be allowed in all zone districts within the city, even in the 3 Industrial zoning classifications where mixed use dwelling units, long term care facilities and boarding and rooming houses may be feasible In some chses. Residential density could be j targeted according to the following schedule: i Downtown High Density > 15 unitslacre University Core Area High Density > 1S uaiWacre Urban Centers High Density > 4-5 N unitslacre Neighborhood Centers Moderate Density 6 - 40 $ unitslacre Neighborhoods, Inside the Loop Area Low Density 3.6 4 units/acre Neighborhoods, Outside the Loop Area Lower Density 2.4 units/acre Rural Areas Lowest Density < 1 unitslacre Residential land use should eel require minimum lot sizes, except in rural areas where 15 acres should be required to support an Individual Septic Disposal System. Instead, the number of housing units allowed in a particular development could be controlled by the grass w density requirements of the zone district. For example, in a newly developing neighborhood, a neighborhood center with allowed residential density of 6 to 40 1 units per acre should be designated. In the area surrounding the neighborhood center, residential density of 3 to 6 4 units per grass acre should be allowed inside the Loop Area and residential density of 2 to 4 units per gross acre should be allowed outside the loop Area. C. RESIDENTIAL IMPACT FEES & HOUSING INCENTIVES Residential land use is primarily a response to markeHerm city planning and the desires of the community to regulate the quatigt of life and the timing and quant ly of development. Commuiuties that create minimum lot sizes or maximum housing densities that are contrary to market forces often simply deflect housing to other communities or areas in the region. Lcnton should not become the recipient of such low end deflection of housing from other parts of the metrople=eALOn the other hand, communities that allow greater densities than can be supported by the housing market run the risk of allowing premature development or development th,.i may stageate. To manage urban form and achieve desired housing balance, the -ity should consider implementing tools to help it achieve community housing-oriented goals and objectives. 1. Variable Rate Impact Fees To discourage sprawl development the City could construct its impact fee regulations for , water distribution and wastewater collection lines to serve as a disincentive to sprawl and an incentive to In-fill development. One method to impose impact fees In direct relation to the true cost of delivering water and collecting wastewater is to create an impact fee that Is 87. r i variable in nature, with a sliding scale fee that increases as the distance from the treatment plants increases. This type of impact fee structure would reflect the long-term capital and maintenance costs associated with the increasing amount of distribution and collr.ctlon plumbing required to serve development that is farther away from the center of the ci ry and its existing Infrastructure. 2. Waiver of Impact Fees The most commonly used incentive to encourage the development of affordable housing in many rides is to waive Impact fees for qualified affordable housing that achieves community goals. However- this 1s not an acceptable means of encouraging affordable housing in the city of Denton. In exchange most programs require that qualified low- or moderate-income households are the beneficiaries of the housing and tha. there are long-term assurances that ± the housing will remain affordable. Many cities place an escalating cap on the resale price of owner-occupied housing and a rent ceiling on renter-occupied housing. 3. Density Bonuses Communities can help to achieve housing goals and direct development to appropriate locations by designing density bonuses to create incentives so that the private-sectorwill help achieve community goals. Affordable Housing programs can be &Jgned so that developers who produce and maintain affordable housing are provided density bonuses over and above the allowed density in a zordng district. Mixed use development that Includes a residential component can be encouraged by allowing housing that does not diminish the development l rights of other components of the mixed uses. Urban village development that allows a variety of housing types and styles and results in somewhat greater densities than typical suburban development can be encouraged by providing alternative zoning designations and processes. 3. Accessory Housing A type of housing that has a long history of acceptance in mature communities throughout the country Is accessory housing. An accessory housing unit Is one that is incidental to a primary housing unit on a lot in a traditional single-family housing neighborhood. Often, these accessoryunits are also ca..ed mother-in-law, cottage or attic epattmentsand are often found over detached garages, as small detached cottages, or as attached additions to or conversions within larger single-family houses. These units are often found: 6 In college towns as student-oriented housing; 6 in communities with larger lots that desire on-site caretaker housing; or a when aging empty-nester households find that their house Is larger that necessary and creating an apartment within the home would reduce wasted space and produce additional income from a rental apartment. A, Moratorium One of the methods that must be considered to handle vrmh and development which is either unable or mwillin¢ to partner with the cily to produce quality housing Is a , . moratorium until all resvlations and means to control and prevent aptgwlli ggtowth an his 88. k 1 , h r accounted and implemented. D. MANUFACTURED HOUSING .IT---issues { housing in a suitable enAfem for all these who work and learn in Denim. itess! e as Denim gfews. in a Cme when state and fedefel housing asgioamee far Ae SO inatituie ske amd design mandards fet all housing, manafeetwed as well as iiie built s. 6 Sinee 1976, the U.S. Departmea! of Housing and Urban Develeptsem (HUD) has regulaie m anu£aetufed homes under the Masufaetwed Home Gens"etion and Safety Standeds (HUD reeegMtien of the more durable and less mobi;e nepafe of Otege feetety built hefees. Onee sited, manu€aetoted homes rarely mo% , t of-the and-reany I t theta a-ba;anee between busing -needs and tha hewing by-esiablished neighbeF e site built trtisnes-~t+ Benlen; any A iH lieme Use Pe ~opAy it the Apiee4wal,-Comee , Multi Family Twe, &a fight lndustnei,~ening disEriets: 3.. De9#"tmWa Ali Heus4n4 1_110_ allei. A g► k 89. ' t u 111o +5 ne and r maine a Ai l a ¢rowth By tt■ vgty Hatt+ m°nufa f +rr t housing i+ t mnerarv ^tien .mall re¢ard to cupQjyj~ .w ~s a~~at~, ~rtv maintatned Its +ch d v tnA~_?_ found in the T! the utilities arevidPd are of such subs And rd a i ~ ' annexation costly and unattrac~~~ ,v. n , pR~ RO- n SO Make Sr~9]iain¢ often reFresents the j of investment and tied, Aeion to th ~y value- s•,_ •nt~ar;Iy ~d o +aii~r of fife isnfn~ na~.~+t,iwr: with other t of hgy jng, Fl,rlher, manufactur ~toUs,~ Is rare, If a c+,, . + In .t_ ISCIIIhborhoad centers of w 11 ot•r~n"ed cities " t. R!llhfbjtsd_lnside the c,~r 13m1.. 1d..t2t3 Every effort should b made by the city ahout~ annexation to the c,tv are not [h n rr of e'~y` `°a, areas o[ orer~y GASt! In th l}~je h+ A~d ^mts~g~ alfere man,ffArt,ir~.l h4B911iQ_ a c+N and BTl or a my the city should enc-+ rev,tal raoa l pm_ent and izaUmof such real for more ampriate land+sr• VU. C Goals and Strategies A. RESIDENTIAL LAND USE The overall goal of the residential component of the Land Use Plan roust be to guide the development of housing es a function of timing o +atty a ,anr; .nA h + that ! "limits sprawl" • while providing a balance of housing types, sizes and prices; accommodating projected housing demand; and allowing higher density development where it is close to jobs, shopping, schools and transit. I. Balance Accommodate balanced future residential development: a Balance between residential and non-residential land uses; and, 6 Balance among the various types, styles and prices of housing. 8. Goals Maintain about 50% of the developed land area within the city as residential land uses. Increase the percentage of owner-occupled housing to 60% by the year 2020. Revise the zoning regulations and consider requirements for a variety of housing types in new development. i b. Strategies Revise the zoning and subdivision regulations to affect desired residential land use, 9D. t i Including; For land that has been developed, maintain minimum residential lot sizes in the zoning code to protect existing neighborhoods. For undeveloped land, replace minimum residential lot size In the zoning code with ►fi faf"s design standards that account for the major factors of land use management and that are consistent with the principles and concepts of the Growth Management Strategy and Plan. i Establish design standards for all housing according to housing type. Require variety of housing styles, types and prices within large, newly-developed neighborhoods. 2. Meeting Projected Demand Over the period from 1998 to 2020 nearly 50,000 additional housing units are needed to meet the projected demand created by anticipated market forces. a. Goal Add 30,000 single-family homes #,,,.d 18,000 multi-family units by the year to bring the ratio of single. to multi-family housing from 51 :49 In 1998 to 38 t 4~ NW- in 2020. b. Strategies Establish in the Land Use Plan density criteria for all housing according to the Growth Management Strategy, Establish mixed-use development areas that allow housing In urban centers, neighborhood centers, and the Downtown - University Core Area. 3. Location, Location, Location Increase housing opportunities in the core of the city. s. Goals Add 10,000 urban-style housing units in the university core area by 2020, Add 10,000 owner-oavpied (condominiums, townhouses, duplexer and single-family detached) housing units inside the loop (Loop 288, 1-35 and 1-355). Revise the zoning regulations and consider allowing urban-style housing in mixed-use districts. b. Strategicz Define a Downtown - University Core Area and develop a Small Area Plan that Identifies 4 specific housing opportunities and goals. i 91. t I Create a density bonus for qualified affordable housing projects and participants In affordable housing programs. Establish a variable-rate Impact fee for water distribution And wastewater collection lines that increases as the distance from the center of the city. Establish criteria for evaluating residential zoning changes to assure: 1) consistency with the Growth Management Strategy and Canton Plan policies, and 2) consistency with area plan recommendations. Encourage all new development to be contiguous to existing development. Establish regulations that allow neighborhood-oriented, non-residential land uses In neighborhood centers. Allow higher-density, single- and muld•family housing along major artedal roads and near intersections of arterial and collector roads. Explore mechanisms to transfer development rights from one area of a parcel to another, 1 and from one parcel to another. 4. Density Where It Makes Sense Increase the number of people per square mile living within the city limits. a. Goals Increase the number of Persons per square mile in the city of Denton from 1,340 In 1999 to 1,900 by the year 2420, an Increase in density of 42%, }sigh densities should be concentrated where infrastructure can support them and near jobs, schools, s".opping and cAtural centers. Increase the number of housing units and achieve higher housing densities (greater than 20 units per acre) in the university/ downtown area and urban centers. Enable tl•e creation of moderate housing densities between b and 12 units per acre) within neighborhood centers in a mixed use setting. b. Strategics Allow high-density, urban-style housing within the University / Downtown Area, and other urban centers. Consider adopting minimum density standards In activity centers. r Create a density bonus for qualifcd affordable housing projects and participants in ! affordable housing programs. 92. c Require adequate levels of service prior to residential development. Prohibit residential development in the floodplain, but allow developers to include flood plain to determine allowed number of housing units in density calculations. B. HOUSING The overall goal of the housing component of the Comprehensive Plan must be to encourage the development and preservation of quailty, of life and neighborhood integdly of the citizens ofDenton. Thie 9ualliy shall Include the consideration of timing quality. quantity and type of growth that not only protects and preserves the existing neighborhoods but encoural• and cohesive and homogenous community for all citizens. 1. Where People Work & live Denton has been increasing the number of jobs in the city at three times the rate of population growth. Housing must be made available and affordable for those who work in the city. a. Goals Add housing units at the same rate of growth of job growth commensurat salary and growth projected needs for the community population base. 1 Wf the new housing units should be afferdable (no more ih&a 3046 of household leeeme she%ld be alleemed toward `fig Sixty percent of new housing should be owner-occupied. b. Strategies Develop a Comprehensive Housing Attainability Strategy that clearly states the housing policies, goals, objectives, programs, strategies and actions to assure that housing remains attainable at a high aualily of develo pent that gnco +r g s a h live community. Evaluate local development standards and regulations for effects on housing costs. Eliminate those requirements that unnecessarily add to housing costs. Allow mixed-use, urban-style housing downtown, in the Downtown • UMversity Core Area and in neighborhood and urban centers through the use of Incentives. Aklew Prohibit the use of manufactured housing %Q% Met design somdat r' k 2. Conserve Existing Housing Stock f 93. x 1 I M ` 1 it z one of the best ways to assure that some 8--rdable heusitig remains available fer lew-aftd mederetO ineeme pgajilyboth in the present and future is to maintain the existing housing stock in good condition. As new housing is created, households "move up", leaving behind an existing housing unit that is usualiy available at less cost than new housing. a. Goals Allocate more than W% a reasonable amount of CDBG funds annually to housing assistance rrograms for low- and moderate income households so long as those assistance programs do not violate the neighborhood integpty of exosdna neighborhoods and r LoW.nsive to the citizens. i b. Strategies Utilize code enforcement, appropriate zoning, and rehabilitation programs. of &&rdable housing unim by requiting Ina net lesO as a Fesel; of "&4WPM#" Utiliae-gerter pfejeets. 3. Encourage Attainability Attainability is the coidluence of availability, accessibility and affordability. The housing needs of the existing and projected population must be met. r, Goals Sr, ucrure an a ferdAle housing program that encourages through incentives, bonuses and public-private partnerships the development of housing that is attainable by low and moderate income households as a function of in-fill in areas that are accessible to jobs, education, and civic facilities. Initiate design standards which- insure q 6ty a< h mDfmtina factor of development which will take into account the need for a cohesive and connected community, Structure an impact fee for new development that discourages sprawl through the long extension of utilities and that encourages the development of affordable housing ltS 3 function of inl7ll in areas of the city where infrastructure capacity already exists. Revise the zoning regulation., and consider allowing t esidential and non-residential land uses within the same zoning districts. Use incentives such as residential density bonuses and allow accessory dwelling units where appropriate. t ; N i 94. II Il C. b. Strategies Develop a Comprehensive Housing Attainability Strategy that clearly states the housing policies, goals, objectives, programs, strategies and actions to assure that housing remains attainable as a funcdon of timing. uaHly.. quandry and pipe of growth. Encourage the development of additional private, non-profit Community Housing Development Organizations to implement housing objectives, including financing, E underwriting and development of attainable housing which are responsive to the citizens of the ggmmunjty and me mtemil of eidstinQajgbbabood Support the development of affordable and special needs housing through private and public-private projects. city fees. I Encourage joint public-private partnerships to develop housing for low- and moderate-Income households througb a model "traditional neighborhood development" that provides a variety of housing styles, types and prices with density necessary to achieve affordability, accessibility and availability.. Encourage proposals to develop specialized housing for the elderly, persons with disabilities, and university students. Geee Develop a strong relationship between the City of Denton Community Development programs and the Denton Public Housing Authority. r - r 95. COMPR,sHENSIVE PLAN COMMENTS EXIMIT G Submitted by lack Miller I generally support the Draft Comprehensive Plan. Following are a few thoughts on some key provisions of the plan. Section 1, Paragraph 11-Statement of purpose • We must not lose sishi of the fuel that the purpose of the Comprehensive Plan is to serve as a guideline or policy to help deal with projected growth. It is wt a zoning ordinance. Rather, as the first sentence on page 4 states: "The City of II Denton Comprehensive Plan is intended to GUIDE community growth and development for the next twenty years." (Emphasis added.) We must look lu the proposed development codes and related ordinances for implementation of the policies or guidelines. Section 2-Population Forecasts • The Comprehensive Plan is based on the assumptions that the City of Denton will grow from the current approximately 60 square miles to approximately 101 square mils by 2020 and that the population In the city will increase from 74,725 in 1999 to 187,400 in 2020 (Page 9, Population Fstimates). In addition, the Denton ETJ will be 151 square miles in 2020 (5 mi. ETJ) with a population of 25,505. The average annual rate of growth from 1999 to 2020 is projected at 4.48% with the highest growth rate in any one year being 5 ! The question a: "Do we accept the above assumptions in endorsingg the Comprehensive Plan and supporting the development codes rewrite or do we wish to adopt other assumptions?" Nei these assumtions are valid. Section 3--Growth Management and Land Use • The biggest controversy surrounding the Comprehensive Plan seems to lot about residential land uses, especially residential density. support the following primary residential land use principles shown on pages 20 and 21: - Promote a diverse housing stock • Limit sprawl Demand quality I basically endorse the Housing Target DensiVes by Area in Table 3.1 on page 21, although the mulii•family maximum of 50 units per acre seems high. We should k)ok to the development codes to determine under what conditions certain development densities will be allowed and vhere. Mike Cochrau's proposed "tiered" standard makes a lot of sense and would make a good starting A point in the proposed development codes. The same approach could be ; considered for other land uses such as neighlx)rhood centers and major corridors. I agree with Mike Cochran's previous recommendations for multi-family residential density. 96. t I t I r h Campmhemive Plan Cnmmenu Page 2 Section 4---Housing a 1 generally agree with this section but 1 would like to comment on the role of manufactured housing in our city (fit ion 11). We must have legal guidance relative to our ability o; right to deny, or the e31eiJ,l to which we can deny, the use of manufactured housing in our city. In any event, I feel there is a role for manufactured housing in our city, but the development codes should be written so that manufactured housing developments are quality develo ments and compatible with surrounding neighborhoods. 1 am conccrn` that if we don't provide for manufactured housing (on our terms) we will see a proliferation of this type of housing in our ETJ, over which we have no zoning authority. Alin, to deny manufactured housing entirely is to deny an important source of affordable housing. Section 9--Stormwaler Drainage I agrm with the value of keeping our floodplains intact. We must, however have legal guidance as to our ability to regulate the use of fkxrI "ins. This is critical so we know if we can demand the dedication of floudways or if we must "trade off" their use for public purposes, or a combination thereof. Section 16-The Street a We must carefully think through the use of residential alleys. Section I8-Schools 1 1 agree with the staff recommendation that the replacement "Schools" chapter be subject to a separate Planning and Zoning Commission recommendation. Further, I feel we should have an official recommendation from the School Boards of the affected school districts cm this issue. ~i am very supportive of working with the school districts in planning, managing and implementing growth. However, we must use ca4n. We have no control over the operation of the school districts, therefore we must not relinquish our responsibility to the citizens of Denton in doing what we foci is in their bet interexs. Just as we must prov+de city services, infrastructure, etc. for the growth that is projected ovtr the next 21. years, so must the school districts provide for the education of our children. Adequate Public Facilities Much has been said about the concept of "adequate public facilities" in managing growth. We must carefully define this term and its usage during the development code rewrite process. If "inadequate" means the lack of basic and fundamental infrastructure needs such as water or waste water treatment capacities, that is one thing. Obviously, i it is our responsibility to do everything possible to stay ahead of the demand for k , there basic services. i r - But if "inadequate" means-for example-the inconvenience of some uaffrc congestion or the failure to plan and provide for educational facilities, that is something else. 47, I` Y tl~ ~fi EXHIBIT H Mayor Miller, City Manager Jez, and members of the City Council: Without a healthy environryiem in which to live, to work, to play, and to raise a family there is no future for Denton. The Comprehensive Plan has not add, -ssed our city's future environmental issues. There must be a unifying, over-all policy which guides the decisions affecting the future environmental well-being of Denton and its residents. That necessary unifying policy is called the Precautionary Principle and it is bring used by governments around the world as a basis for sound environmental decisions. The Principle has four parts: (1) Communities have a duty and a right to lake anticipatory action to prevent harm to both their environmental and economic health and to thi quality of life of the residents. (2) The burden of proof for the harmlessness of an action should not rest on the shoulders of the public but upon those of the proponent of the action. This shifting of the burden of proof from the public is already the case with the pharmaceutical industry, which must prove that a drug is safe c xt publicize any possible side-affects before the drug can be marketed to the publ ic. (3) Communities have an obligation to discuss and to explore "a full range of alternatives" to the hazards posed by a new technology, process, activity, or chemical. And (4), decisions must be open, informed, and democratic, and include all potentially affected parties. In 1995, the European Union stated the principle this way: "Where sclentif c evidence is not black and :white, policy should err on the side of caution so that there is zero risk to the consumer". This is in reference to the banning of the sale of hormone-treated beef in the countries of the Euupcen Union because those hormones are highly suspected to cause certain cancers in humens.And, as presented in the The Rio Declaration on Environment and D.velopment in 1992: "Where then are threats of serious or irreversible damage, lack of full scientific cer!ain;y shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation." I urge City Council and staff to go beyond the jargon and powerless policies presented in tK Comprehensive Plan. I challenge you to set the standards for the Metroplex. You have the power. I urge you to deeply research what our community can do to truly insure a healthful and vital future. I urge you to adopt a guiding policy such as the Precautionary Principle, by which the environmental and development policies of our community can be unified and strong and in the interests of the people. I urge you to establish an Office of Environmental Affairs staffed by experts %%ho can give us the answers before decisions are made which could be detrimental to our community's health. In closing, I also urge you to never forget that the residents of our city have the right to enjoy Denton's environment free of the fearofwhat that environment might be doing to their health. Thank you for this opportunity to speak to you. If you have any questions 1'd be happy to try to answer them. i k Von 98. r R it r4 ~ 0 i THE PRECAUTIONARY PRINCIPLE 1. Communities have a duty and a right to take anticipatory action to prevent harm to both their environmeutal and economic health and to the quality of life of their residents. 2. The burden of proof for the harmlessness of an action should not rest on the shoulders of the public but upon those of the proponent of the action. 3. Communities have an obligation to discuss and explore a full range of alternatives to the hazards posed by a new technology, process, activity, or chemical. 4. Decisions must be open, informed, and democratic, and include all potentially affected parties. I j 99. r EXHIBIT I COMMlRCE September 9, 1999 Mr. David Hill Assistant City Manager City of Denton Dear Dave, on behalf of the board of directors of the Denton Chamber of Commerce, we respectfully offer the following observations regarding the draft of the Comprehensive Plan for the City of Denton. i We commend the City Cou• cil for its foresight and vision, and pledge our cooperation and support for this critical process, We recognize that there are no easy answers, and the opinions of all individual citizens must be considered. As a board, however, it is obviously our responsibility to try to develop and present some level of consensus which we feel Is in the best interest of the 600-plus businesses that comprise the membership of the Denton Chamber. WATER SERVICES. We agree with all of the major initiatives as originally proposed. WASTEWATER SERVICES: We agree with all of the major initiatives as originally proposed. ELECTRIC SERVICES: We agree with all of the major initiatives as originally proposed. ENVIRONMENTAL MANAGEMENT: Although we are generally In Pgreement with local permitting to preserve, protect and enhance Important natural features and habitats, we have some question as to the geographic jurisdiction the City may have for legally enforcing certain mandates. We strongly encourage the City's participation In regional programs to improve air quality. TRANSPORTATION. White we appr,:iatom, understand and generally support the concept of focusing on Single-Occupant Vehicle solutions, particularly multi-modal, we hope that adequate effort will be made to better educate the public on the ultimate benefits of same, THE STREE : We agree with designing neighborhood streets using interconnected r systems, and support better visual character, reduced speeds, bike lanes anc' sidewalks. We do not have clear consensus on utilizing alleys for placing utilities. ` 300. ail PARKWAY • P.O.ORAWER P DENTON, TEXAS 76202.1716 RAW, • (940) ,62.9667 ~r~ l 1 1 l I V I I 1 I 9 HISTORICAL PRESERVATION: We agree with the general concept of identifying and creating additional historic & conservation districts, although we primarily suggest protecting specific landmark designations. We agree with protecting remgining archeological resources by ensuring remains & artifacts are not disturbed whenever possible. ECONOMIC DIVERSIFICATION: The Denton Chamber board favors public-Initiated incentives that encourage the expansion and growth of new and existing business. The board does support the adoption of a new Tax Abatement policy for the City of Denton. Said policy should embrace the philosophy of helping to Increase the city's ability to effectively compete for projects that will broaden, expand and diversify the property tax base. Said policy should relax the definition of'cornpetition" as it pertains to application for abatement where an existing or new company is engaged In similar operations or service. Meeting the minimum threshold of Investment should be the initial and primary criteria for consideration. The Denton Chamber board advocates the minimum value of Structure & Personal Property Threshold for abatement eligibility REMAIN at $5 million for NEW and EXISTING companies. URBAN DESIGN: We do not have consensus for the City developing architectural & urban design standards, nor any clear agreement on the concept of Urban Village & Transit Oriented Design development patterns. In general, we 'fifer suggested appearance standards, not mandates; and feel that the City shouia limit the degree to which lt is involved in architectural design. PARKS, RECREATION & OPEN SPACE; We agree with all of the major Initiatives as originally proposed. HOUSING: We agree with all of the major initiatives as originally proposed. SCHOOLS: We agree with all of the major initiatives as originally proposed. RESIDENTIAL LAND USE: We agree with all of the major Initiatives as originally proposed. RESIDENTIAL DENSITY ISSUES: I 1. We agree that different residential e.ensities should be allowed in accordance with the land use plan. 2. We agree that smaller lot sizes should be available if some people want lower property maintenance responsibilities. 1 We are not In favor of paying higher utility rates and property taxes in order to ensure lower density resident development. 4. We encourage the developrent of a mass transportation system and synchronize signal lights. 101. 1 f w 5. We feel that having a balanced choice of lot sites is Important, but residential density wib ultimately be directed by the marketplace, COMMERCIAL LAND USE: We agree with all of the major Intiatives as originally proposed. INDUSTRIAL LAND USE: We agree with all of the major initiatives as originally proposed. CIVIC & PUBLIC LAND USES: We agree with all major Initiatives as originally, proposed. SPECIAL DISTRICTS: We all agree with all major Initiatives as originally proposed. Thank you for your consideration. Again, we appreciate the opportunity to offer input, and pler4ge our continued Interest and willingness to provkle assistance. I Re pectfully, l To . Cla ChaAes W. Ca t Chairman of the Board President I Y r5 102. c u EXHIBIT J City of Denton Draft Comprehensive Plan Workbook Information September 9",1999 CHAMBER OF COMMERCE RESPONSE TO THE DRAFT COMPREHESIVE PLAN Information Received on September 7Til1 1999 Approximately 161 Workshop Booklets were received. Some of the respondents did not reply to some of the category statements. N1'ATER SE11VICES 98% of Itespmtdenls Agrec 1. The City -Ail[ ensure a tong term water supply for a growing community. The City will provide additional overhead storage facilities & expand water treatment capabilities to meet long term demand conditions. AGREE (158) or 99% DISAGREE (2) or M out of 160 responses 2. The City will construct improvements to transmission & distribudon systems to handle demand associated with population growth. AGREE (158) or 98% DISAGREE (3) or 2% out or 161 responses 3. The City will prepare a water ^onscrvation & drought contingency programs to conserve water & educate the p„ blic. AGREE (157) or 980K DISAGREE (3) or 2% out of 160 responses WAS'I1:WATER SERVICES 96176 of Respondents Agree 1 1. Protect surface & groundwater supplies from contamination. Limit the quantity of wastewater discharges into Hicko,y Creek to protect the water supply by providing wastewater services. Actively monitor & enforce regulations for septic tank systems use to alleviate potential water quality problems. AGREE (155) or 96% DISAGREE (6) or 4% out of 161 responses 2. Expand the beneficial use of wastewater effluent through treated reuse of was.ewater to large scale customers which decreases costs & reduces raw water demand. , r~ AGREE (153) or 95% DISAGREE (8) or 5% out of 161 respooirs j c~rro«vucr~tuuerorri~ea 103 t City re Denton Draft Comprehensive Plan Workbook Infonnation September 9's, 1999 FI I.XA IUC SF 10 ICES 03196 of Respondcius Akree 1. Ensure electric utility installation & operation is environm cal ally& aesthetically sensitive. AGREE (145) or 90% DISAGREE: (16) or 10% out of 161 responses 2. Uw cost-effective methods to develop & maintain the electric system & provide safe j & reliable services to meet future demand. AGREE (152) or 96% DISAGREE (6) or 4% out of 158 responses 1'.\~'IkU~'\l1'.\T;11. ~L~YAG1'.\IF',\T KS"/„ of kespnndcutr;~~,rcc 1. Permit higher densities in order to preserve, protect & enhance important natural features & habitats. Higher densities make alternatives transportation systems & protection of floodplains & natural environments economically viable for the City to service while at the same time reducing pollution. AGREE (121) or 76% DISAGREE (39) or 24% out of 160 responses 2. The City will acquire & preserve open spaces of high ecological value for water quality, ecosystem, & drainage management. AGREE (135) or 84% D13AGREE (26) or 16% out of 161 responses 3. The City will require developments to protect natural resources & ecosystems. The City will develop conservation & development priorities using a method to evaluate, rank & rate assets ampatible with development. AGREE (137) or 85% DISAGREE (13' or 15% wit of 161 responses 4. The City will improve air quality through comprehensive programs, such as alternative transportation systems, regional programs, federal & state requirements, & protection of the urban forest. AGREE (142) or 88% DISAGREE (19) or 12% out of 161 responses 5. The City will employ a watershed approach to address water bodies as natural ecological systems & protect & monitor water quality. AGREE (142) or 93% DISAGREE (10) or 7% out of 152 responses ! rr C..Afy NXU" nLI'Ctiann r Rc Ton" to COMV Plan div 104 City of Denton ) Draft Comprehensive Plan Workbook Information September 9's, 1999 1 R k.A'SI1OH I.Vl ION 76';"6 ul' Ropondcnlc kl;ree 1. The City will redirect it's focus from (SOV) Singlc-Occupant Vehicic solutions that depend on constantly widening Right-of-Ways to a multi-modal solution that fixes maximum Righl-of•Ways to minimize environmental impacts & economic costs & maximizes quality of life benefits. AGREE (114) or 73% DISAGREE (43) or 27% out or 157 responses 2. The relationship of automobile use to the transportation system should be focused on use of higher densities with travel demand programs including education & multi-modal transportation systems. AGREE (127) or 91% DISAGREE (30) or 19% out of 157 responses 3. The City will use Icvel-of-service standards, develop Intelligent Transportation Systems & improve commercial transportation mobility, including regional interconnections to maximize the effectiveness of the multi-modal transportation systems & reduce SOV delays by limiting their use in higher volume corridors.. l AGREE (115) or 74% DISAGREE (40) or 26% out of 155 responses t II I S I RVI' 1' 87"„ of Ropondcnls %vrce 1. Neighborhood streets will be designed using interconnected systems that allows diffusion of traffic & slower traffic speeds, with smaller blocks, allowing increased pcdestrivis & bicycle use. Use of alleys is required in more dense development. AGREE (M) or 10% DISAGREE (33) or 20% out or 161 responses r~ 2, Collector sheets will provide better visual character, reduced speeds, encompass I neighborhoods allowing connectivity, have shorter block lengths, use traffic calming techniques, bike paths & walks, allow vertical integration ormixed uses, has street trees & special design features. AGREE (135) or 94% DISAGREE (26) cr 16% out of 161 responses i 3. Arterial streets serve to connect the City with major circulation routes, include plantings & medians. bike lanes, sidewalks, transit nodes & bus queues, utilize access managcmc 1, special design features & allows vertical integration of mixed uses. AGREE (144) or 91 % DISAGREE (15) or 9% out of 159 responses C MY rxKem t3 Chamto itvgxmu to Comp Pla doe 105 I I t r i i' City of Denton Draft Comprehensive Plan Workbook Information Septeraber W4, 1999 i 4. Utilities will be constructed with development & placed primarily in alleys separated into wet & dry components. AGREE (139) or 86% DISAGREE (18) or 14% out of 157 responses 5. Streets will use altemative materials, compatible lighting, signage & infonnadon systems, street trees & landscaping, site furniture & incorporate transit features. AGREE (149) or 94% DISAGREE (9) or 6% out of 158 responses III,-, 10111( PRESI,14%AI ION ti7";, of 14%pundents xgrt, 1. Identify & create additional historic & conservation districts, protect historic sites by encouraging landmark designations, & promote historic tourism by actively pursuing preservation, restoration & maintenance of historic properties. AGREE (141) or 88% DISAGREE (20) or 12% out of 161 responses 2. Protect remaining archeological resources by ensuring rema;ns & artifacts are not listurbcd whenever possible. AGREE (139) or 86% DISAGREE (12) or 14% out of 161 responses 1141t vN I11,ti1(;N R3";, of Rrspuudcnic ►urcc 1. 'The City will develop architectural & urban design standards for all uses. These standards will be utilized to raise the quality of design in new developments. AGREE: (124) or 78% DISAGREE (36) or 22% out of 160 responses 2. New developments will complement & r, :orce the urban structure within in fill & new developments & create structures that have life spans well beyond their original use. AGREE (138) er 86% DISAGREE (22) or 14% out of 160 responses 3, Architectural design will indicate creativity, innovation, quality, strtclural longevity, attention to detail & Udcrstanding of design principles. AGREE (133) or 94% DISAGREE (26) or 16% out of 159 responses 4. Urban design will reinforce established character, circulation networks. respond to the i f neighborhood context, preserve natural features, & create attractive well functioning spaces for pedestrians. AGREE (141) or 89% DISAGREE (17) or 11% out of 158 responses C My Ihlrum ts(14mkrRrapune b>Comp pl&n doa 106 S City of Denton Draft Comprehensive Plan Workbook Information September 9's, 3999 5. Public an, historic conservation, transportation infrastructure & signage will enhance the City's urban form, reduce negative impacts on the urban environment, promote reuse & preservation of historic features & expect public art iit landmark locations to define locales of the City. AGREE (132) or 83% DISAGREE (27) or 17% out of 159 responses 6. New neighborhoods will meet the growth management strategy by using the neighborhood centers development s typical of Urban Village & Transit Oriented Design development patterns. AGREE (126) or 79% DISAGREE (34) or 21% out of 160 responses 7. New neighborhood design will exemplify quality of life objectives by reducing sprawl, using compact development design patterns, reducing utility extension costs, & mcei:ng transportation, walkable community objectives, open space, design & environmental goals. AGREE (117) or 79% DISAGREE (34) or 21% nut or 161 respor.ses 1' kliks. I2P.('1 FAI ION & OPEN SI'.1C1' 95 u; Itk•,,?undrnls Agree i 1, The City will prepare a Parks Master Plan to address parks & recreation objectives, 1 city needs, acquisition & development of park lands that include a unified greenbelt & trail system, & funding for these activities. AGREE (153) or 95% DISAGREE (8) or 5% out of 161 responses 2. Ensure adequate & equitable distribution of parks & open space; coordinate planning of parks, open space, trails & recreation facilities with urban design, transportation, school, & environmental objectives; ensure cost effective provision of facilities; and, ensure that facilities are responsive to the changing needs of our Citizens. AGREE. (151) or 94% DISAGREE (10) or 6% out of 161 responses 1101 S IM; 8V9; of Wspnudcuts ,1~rce 1. Manufactured housing should be allowed in specified areas of the City, under specific building code & design standards guidance to ensure longevity & quality development. i AGREE (128) or Bl% DISAGREE (30) or 19% out of 158 responses ! r; My DLWW" U 4'h3mha Ft"PMu W Comp Pim &u 107 ' c 1 it Ii 1 1 I City of Denton Draft Comprehensive Plan Workbook Information September 9'b,1999 2. Allow dense mixed-use housing, university based housing ut'jan btylc units within the designated Downtown University Core District & commercial centers. AGREE (144) or 89% DISAGREE (17) or 11% out of 161 responses 3. Assure attainable & affordable housing through programs, preservation of existing housing stock, housing assistance, diversity of housing stock for all income & lifestyle levels, & ensure housing needs are met for the projected population, AGREE (148) or 94% DISAGREE (10) or 6% out of 158 responses M 11001.5 93"-6 of 14%pundcutc .lgIve 1. Develop review policies for joint land acquisition & development of school sites with parks through coordination between the school districts & the city. AGREE (152) or 94% DISAGREE (9) or 6% out of 161 responses 2. Coordinate land use compatibility & relationship standards fir schools within neighborhoods & establish typical school siting standards & needs. Prepare review policies for schools/sites in relationship to residential development projects to 1 accommodate needs. AGREE (153) or 96% DISAGREE (7) or 4% out or 160 responses 3. Provide adequate facilities to accommodate anticipated student growth through the planning horizon. AGREE (154) or 96% DISAGREE (7) or 4% out of 161 responses It is llll\11 11. 1.1\11 t''1.. NI"a elf Idr%pundruh lyres 1. Guide development to promote a diverse housing stock for all ineomes & lifestyles, limit sprawl by allowing higher densities in Neighborhood Center developments & close to services, school & transit, & demand quality through design & construction standards. AGREE (131) or 81 DISAGREE (30) or 19% out of 161 responses 2. Insure a balance of future residential development, meet projected d,mmnd, increase housing opportunities in the core of the city, protect existing neighborhoods, meet b eis ironmental concerns & deliver efficient services by allowing higher densities in designated new development areas. i AGREE (1:1) or 81% DISAGREE (30) or 19% out of 161 responses c'Mynkxurtxn4e'hvmh+ 0.eepmw in Camp Pl.n du 108 r t i City of Denton Draft Comprehensive Plan Workbook Information September 9'4, 1999 3. Use design p nciples for new developments that ensure quality, reduce sprawl, reduce utility costs & meet transpartalion & environmental goals by using urban village design & transit oriented design standards. AGREE (121) or 76%. DISAGREE (39) or 24% out of 160 responses 4. Infill develop will be in context with existing neighborhoods by use, architectural scale & design, & urban development patterns. Existing development will be protected to ensure new infill development coramalibility. AGREE (135) or 85% DISAGREE (24) or I F,% out of 159 responses 5. Densities for new infill development will be compatible with designated existing neighborhoods, new development in new neighborhood centers, vertical mixed uses, & commercial activity centers are higher densities to meet suslainability goals. (Infill development is development that occurs in areas where most of the land has been previously developed but for smaller parcels within a district or neighborhood.) AGREE (130) or 83% DISAGREE (26) or 17% out of 156 responses Itl'`IhICYfI \I [►F:\5111' 155C1'ti 1. Should different residential densities be allowed in accordance with the land use plan? YES (131) or 92% NO (11) or 8% out of 142 responses 2, Should smaller lot sizes be available if some people, such as seniorcitizenr, want lower property maintenance responsibilities? YES (148) or 97% NO (4) or 3% out of 152 responses 3. Are you willing to pay higher utility rates and property tuxes in order to ensure lower density residential development? YES (55) or 36% NO (99) or 64% out of 154 responses 5. The draft plan recommends allowing limited lot size flexibility in new residential areas by using a "dwelling units per acre" measurement. The intent is to allow smaller ht sizes in exchange for open space amenities. Density would be allowed to increase, within limits, in proportion to the amount of common open space and amenities provided to ! support neighborhood residents. Do you agree with this concept? What changes would j you propose? 1'ES (111) or 87% NO (17) or 13% out of 128 responses C My ]kKjm "LC4' Mnik> Rc§PMae lu Cimip Plon dou 109 c City of Denton Draft Comprebensive plan 1, orkbook Information September 0, k ] 999 1\ 11.11 Sill. '('111(' ('1I,\.\(;I;S SIH11 1 II Ill. .11.kw: 'I (I 7111': f.\RGI: I I:[1 k I:S114N I'1.11. I)E.NSI I'I I:S 'I''%Ill.I; 7 Of 152 Responses, density as listed in the chart below is: OK as is (126) or 83% Increase (10) or 7% Decrease (16) or 100 , Table 3.1 Targeted Residential Densltles Single Family! Attached ~[ulti-Family Land Use Residential Residential [,and Use Land Use Targeted Density Targeted Density Rural 2.2 Dsvelfings/Acre None EtlstingResidential / 2-4 Infill Compatibility Dwclhn s1Acre t}]5 B Dwellings/Acre Neighborhood Centers 3.6 B-20 Dvrllings'Acre Dwelr..gs/Acre Community Mixed Use 6-8 Centers I0.30 Dwrllings'Atte Dwellings/Acre Regional Mit•d Use l Centers None no Dw eilings/pcre Emplo)ment(enlers None 15-50 l DowntownUnhrrsily 2 Dwdlings'Acre Core 4 FS-50 Dwellings'Acre DwrilingyAcre ( MI Nil M I11. 11MI I'SI Res nl Ibct(cepr,ndcntr 1 rcc ~ f I I • Maiirain & cnhai,ce the balance & acccssibilityof commercial land uses & property values, limit strip development which causes traffic congestion & destination targeted uses, & demand quality to enhance neighborhoods byproiecling with design standards. AGREE (123) or 80% DISAGREE (31) or 20% out of 154 responses 2. Organize land uses to provide for diverse commercial activity by providing neighborhood center services, community activity centers & regional activity centers which allow vertical integration of uses includinh retail, commercial, service & ' residential uses. AGREE (143) or 92% DISAGREE (12) or 8% out of 155 responses C'.,Mr [wxunxnu'ChamMr Rc.ptmx x, Cony hlsn due 110 o- City of Denton Draft Comprehensive Plan Workbook Information September 9'^, 1999 i INI►t S'IRIAL L%N I) i1S1: 87"/4 or Respondvnt% Agree I. Organize industrial land dscs to minimize conflicts with adjoining uses & develop under transportation systems that meet those needs. Develop industrial land use categories that facilitate different types ordevelopment front heavy manufacturing to light research & development & high tech industries. AGREE (144) or 93% DISAGREE (1I) or 7% out of 155 responses 2. Develop performance standards to protect the public, design su ndards to enhance quality, & restrict uses to those meeting economic, employment, eovironmentat & tax structure goals. AGREE (124) or 80% DISAGREE (31) or 20% out of 155 responses ('IN W& I'('l LIC LAND GSF.S S8% or Respondents Agree 1. Provide distinctive public facilities to lead development by building landmark structures, enhancing public corridors, providing public facilities equitably, & by providing neighborhood to citywide facilities. AGREE (136) or 88% DISAGREE (18) ar 12% out of 154 responses Set;( LU, DIS I RI("I S 90, or Respondents lilrce 1. Create special district or master plans for the Downtown University Core District, Ray Roberts Lake District, & the Denton Municipal Airport & create a separate district for the 100-year floodplains to conserve & protcct these sensitive areas. AGREE (137) or 90% DISAGREE (16) rr 10% out of 153 responses r At f C. ary rAkumrnUY'Mnibcr Nerymee b cc" Plrrdx 111 ' II I City of Denton Draft Comprehensive Plan Workbook Information September 91h, 1999 1 HL FOLLOWING ARE WRIT TEN STATFMEN13 BY THE RESPONDENTS. Hitter Services • provide sufficient reserve so that persons willing to pay tie price will have desired quantity of water during droughts. • I lopefully educating through the school system by teaching children about water conservation. a Overhead storage facilities require considerations of location and size, Wastewater • Reuse of wastewater effluent would be a health risk if treatment were not Services done properly? a Septic tanks are used only outside the City limits right? a 1 he County should actively monitor septic tanks, we do not need duplication • Nice theory but very unpractical to reuse water and not cost effective. • It is not the City's business to monitor a private owned piece of property. • Do not limit discharges, stop them. Electric Services a As long as it Is cost effective services. • Both elements are something the City must do. • To what extent and what cost can we afford to be sensitive and pretty? a Underground utilities are preferred. • Use cost effective methods to develop other energ sources. F.nvirumntenlal a Too much federal control. 1lansgement a I do not believe there is a transportation-au quality problem • Ignore air pollution, you can not compel human nature in Texas 104 degree' ,A rather to walk - think again. a Higher density will help this, a There is no reconciliation for transportation and air quality problems. Denton is already so sptrwled out that pubiw transportation Is economically unfeasible, not wdI it be accepted by the public as long as they can afford to operate their automobites, Los Angeles au quality and traffic problems are much worse and they continue to drive their cars. A gas shortage and or huge increases in the cost of gas will be necessary before the public will turn to public transportation. a As long a it is cost effective and doesn't exclude development. a Fedctal government already control air quality standards. a A it quality is not that bad. Bu l, commn.ce operation to require obviously heavy polluting cars and trucks to be repalred. Fed, ial requirement to funher reduce emissions of new cars and trucks, • Disagree with the ux base vs. ecological value • Check City transit for pollution compliance - check area autos for pollution compliance. • Residences too ckrse create friction between neighbors and pets. • Protect mature trees better. • A puddle in someone's backyard is not s wr0and or ecosystem. • Higher densities in orde to preserve ecosystems only in what it Is zoned and what it is changed to. • Emirunmental programs should not be forced upon the cititens of Denton • 1 want to see Denton grow in an aesthetically pleaing way. I don't want t Denlon to become one big strip mall. 4 • Moderate acquisitiau of open spaces should have public hearings before j r acquiring, a It is debatable regarding the requirement of developments to protect the em iromnent with regards to method and requirements. • Too much BS - establish ordinances with specific requirements not subject to political pandering. _ i ( M, I hh urw•nt~ r'harnbct Rcopunt to CmT NO 1v 112 i ~ t I I ~City of Denton Draft Comvrebensive Plan Workbook Information September 0, 1999 t EtWronmental a Would prefer to make things better but keep some land (open spaces) for Jlanagemcnt natural look. Cant. a 'there is always enough land to go around. Animals will always find another place to live and cat and reproduce as long as we are not murdering them. a Em ironmental protection will occur without the City's help, • the City has On review in air quality Transporlatlon a 11 igher population densities would be practical. 1 would like to see adequate transporutinn infrastructure put in first, so it dxsn't need to he redone creating traffic problems a Increase hour of SPAN. a Everyone has a right to drive at will ` a Update traffic lights'signals. Fix Signal Timing Need more tbru-streets to move traffic faster. a Route truck traffic to the loop. a Establish rapid transit systems - propane and electric powered. • Use mass transit, such as carpooling, a Alternative & mass transit must be offered there alternatives must be convenient and low cost. a Con(idcr more public transponatirn. a 11igher use and availability of mass transit-light rail to Carrollton and south. Use trolleys & buses. a Must continue SOV development along with multi-use solutions. a Need to complete secondary arteries for city to increase of SOV's -that's coming, regardless. a Itigher densities do not necessarily make altemathe transportation viable. a The Or, should focus on resour"''s for improving existing streets & building r new roads. People wsnt to use their cars a Improve streets & highway a. a Widening riglu-of-ways will be continued to be required SOV will continue to be the predominant node of transportation as long as it is economically viable. h is obvious by the traffic congestion that people put up with in the metroplex that they are not going to use commercial transportation until they are forced to by law or economics. a Provide more public tansportation. a The car is not going logo away a Ike not think we are near u'te point of needing solutions. a Let the federal go%crnment direct these solutions, they are going to anyway, a Wile streets cost more but narrow streets will prove to be traffic problems short of a police state you will not reduce SOVs Reducing SOV use will start a civil war. a The transportation system chapter needs to be more spec ifte, a What specific problems with air quality and transportation are there? a Reducing environmroml impacts by toadways should be done is economic costs are ok, a Intelligent transportation systems cost too much. Look it Dallas BOV too much dollars with not enough people a Build streets wide enough at the beginning. Too much commuting to fix . maximum right-of-ways a Current transit system takes too long and connections ire poor. a Who will pay for multi-modal transportation system? a Denton A uuld Mirrit from an adequate & practical mass transit system. Including mass transit to Dallas and Ft Worth. If it was it practical system, it might get Some of the traffic off of the interstaies. a We need to accommodate SOVr we already have. ( Sly Ixwumenu A'naniber Rennmre to ('onq Plan dx 113 I V I t I i City of Denton Draft Comprehensive Plan Workbook Information September Vh,1999 Transportation s We need a balance of both SOVs and truss transit. Cont. P A combination of roadways and alternative tramportation. It seems that other cities have not had success with other types of transporution. e All $S - if this can't be accomplished in ccncentrated advanced municipal areas, Denton has no chance to succeed and will only waste resources. Why don't we plan on a street and road system that makes sense in the City? The Street o Alleys should be limited, they ate ugly and un are s The street section would be ideal. However, use of bicycles as a mode of transportation, even by childreu has been declining for years. a Not worth the enforcement problems overall. a If alleys construction is top quality, few utility repairs are needed. s Money will aever be available for use of alternative materials, lighting etc, e Alleys are a goad idea. o Street design sounds goad, but where does the money come from to make every street like a Stale Park? a I don't think it is realistic that people will dc,; !c to ride their bike at opposed to driving. a I agree that visual character Is great. I don't think that neighborhoods should be connected This creates more cut•througb trafl is and residents don't like that. e The use of alleys will provide more opportunity for criminal activity. a Alley take too much room out of the yard. s People parking on narrow street causes hazards for chddr en playing in the neighborhoods. a Keep utility poles as far to the back of property easements as possible. a Alleys are a good thing. e The City does not have any logical major traffic routes now. Why don't we try that first it Alleyways are not needed in a dense development look at San Francisco. a Get rid of all zoning let the market take care of it, a Planners are not We to see the future - you can not plan far enough in advsnee. Dlistoric a Should include commercirland apartment buildings , Preservatlon s Depends on the sort of restoration. a This is a private sector function & best presened by private sector im estment. a Do not think the city should be in this husiness. a Many of us Mould like to escape from the past. Teat down the obsolete junk and build a modern city, Too much junk saved already, better uses for money. a These items should be lemperea by priority Inels associated with an item's value a Tbeso issues are excellent! Please do. a Should not be done wit%tax dollars. a Quit spending taxpayer dollars on historic items - the private sector should °y I Ar + t f ! i I ( :My"Wunwntsk,hamhcr RcgNww 100ty Plan Qne 114 J i lead City of Denton Drafl Comprehensive Plan Workbook Information September 9t", 1999 Urban Design a No social engineering. • The city should leave artwork and preservation to private investment. New neighborhoods should be built the way public demand dictates. • TOD's requce a huge transit system given 0,e scattered nature of tustnesses in Denton and to allow pro,,Ic to get to work in a timely manner. a Include businesses in design standards. • As long a it is reasonable. a Denton will not be that big. Why concentrate development when Texas R Denton has room. Possibly concentrate some areas at center of city. a The City does not need to police urban design -this is too much, a Ilow does design indicate longevity of the structure - this is engineering. • What is compact development'! a Guidelines must not tell each developer how to design his protect. a New neighborhoods should protect safety of residents, especially children. • Should not be so restrictive as to drive off new business. a I don't want strip centers nett to my hone. • Texas was founded on farm and ranches, this is %bat some people want, while other enjoy the closeness or a walkable community. • In high density population, natural habitat like parks and areas is essential. Some trees and nice landscaping greatly improves the aesthetic value and commercial value of neig hboring prc pcttics. • If the 'ity wants businu s to come they will lei them in without a tot or hind-arwer. The new companies will only enhance what we already have. • What abr at reducing the size of houses per the size of lot? Check out bent C-ck estates on 1630. • This town could use some more cultural amactions. • Every new n:ighborhuod does not have to look like the one before • Appearance standards are ok, City should not design for landowners a Need to tread lightly on implementing architectural standards. a Thcse should be Icfl 7o the private sector a Do not start dictating atchitemirat control, a Concern over the rigidity of design standards a Why over regulate developmenw?'bhy not put out signs saying "keep out" a Set minimum standards but do not take it to extreme where g,) ettment is designing developments. Standards could be different for different areas. a Urban design is nwney spent for a few person's job. We all can't work for the Stale • 1 :ca; big lot sires need w ider streets Denton streets are too narrow. a Slnnld be possible design standards not impossible to meet a Let me design the way I want, • There should not be any public wt Parks, Recrtaflon • Unified greenbelt & trail system is too expensive. This money should he & Open Space spent on traditional parks. • Stop watering during the middle of the day. • As a tax payer, this sounds too costly to maintain - maybe on a user fee basis • We can't afford to develop parks all over the area. r • We need to stop requiring parkland dedication if not going to der clop ±od use ' 4, the arks t ~ r , ~ i~ ( My I*xu nxno 0a0xr Rrrpnnu W Comp flan div 11 5 i I i City of Denton Drag Comprehensive Plan Workb.,,_', information September 1459 A ]lousing a There should be equal housing for all. a Higher density mill help afrordable housing. a Manufactured housing should not be allowed. a Giveaway programs have never worked. a Allow moderately dense housing mixes. a Denton has enough Section g housing already. a Do not build rot just one or two populatiom, a Don't put apartment complexes right next to residential neighborhoods create buffet bet* ren the Mo a Disagree with design standards for manufactured housing. a Dense housing should be allowed surrounding both universities. Students won't have to drive to campus. a Keep politicians out of it - write specific ordinances. a Manufactured housing should not :,e allowed stall. a Allot - manufactured honses but separate from custom homes. a Allow mixed-use housing but limit and restrict too much variety. Schools a There are already too few schools with too many students. a This is the school districisjob not the city's, a Leave this up to the school district to provide adequate facilities. I Who knows? What is a planning horizon? a School taxes too high now. I have no school children. o Work with universities to encourage on campus housing. I Maybe have more participation from people in the building and development of industries to work on building facilities efficiently. a We home school joy rully. a New developments should require a donation of land for Adequate neighborhood schools. Residentlat land a 1 believe cramming people together is not on answer, Use a We need more nice apartments. a Concept for limited lot flexibility is wrong. a Neighborhood center in new neighborhoods is a good concept as long there is flexibility in areas where lower density is not an issues, a Do not agree that higher densities will accomplish a balance of residenfi-: development & increase housing opportunities. It Building to these standards will result in traffic gridlock given the existing SOV mindset The public will have to be educated, their individual freedam to come and go and their social status are not r:lated to their automobile, a 1V110 are we protecting? a New construction should be compatible with existing neighborhoods. a Do not restrict growth anddevclopmeor. a too idea Iislic, will cause more problems than it will soh e. a Donlon neighborhoods are not of correct size to use transit oriented design a People in Dallas need compact growth. People in Denton do not need compact growth until we get City to expand the tax base a There will be loss of tax doll Ara with bigher density. a What is an urban village? a What is irfill des elopment'1 a Need to tighten building codes, current codes, allow for poor quality / construction material and uninspired architecture. I People want to build their home on 10 acres that i; their privilege. They can use melba and septic systems, r My I ekurtrnu Chamhr Iknpon se to ltmtp ptm de 116 if 1 it I I l I City of Denton Draft Comprehensive Plan Workbcok Information September 9th, 1999 i Residential Land • Nerd to balance guiding development t promote dousing diversity with Use Cent. codes associated aitheducatingourchildren. • pun down or neglecled areas don't need to be a model for future developmcnt in the area. • Look at existing housing patterns - bow much low income housing do we already have? a Allow commercial development in the residentiel arcs. Can control the look of the development , but this will help m cut the distance of travel for services. a Keep the sprawl want to maintain small town living. a Don't want lots too smell. Residential • 1 believe cramming people together is not an answer Density Issues a Smotl lots does not relate to the cost or quaP ry or, house. • Control density, no heavier densities. Nothing less than SF7. a Do not allow 0oodplaintradcotTfarhigherdensiry. • We are not Boston, vertical integration is not necessary. • Higher rates & taxes should be offset by varied densities. Lower density however should require higher rates k taxes. • Permit higher densities, particularly around colleges. a Accommodate increased residential density. Higher density helps everyone. People will get out of thew cats with high density Jevelupment, but the reality is people w ill continue to drisr. Plan for both. • Neighborhood centers ry ill work with the proper infrastructure in place. These places* ill fill up. a Higbcr density is the answer. a We want growth. • People starting out should be able to build or buy a house they can afford and then expand - everyone should be given a chance. • Sprawl does not have to mean auto dominance. a Different densities should be concentrated in selected areas. a 10.000 SF lot should normally be minimum size except in selected areas where ALL lots %cold be of lesser sizes. a The market should help znswer any questions of targeted densities. a Concerning existing residentiaL' inf II compatibility - expand multi-family to 6-30. Many areas have this already. This is a zoning issue. Let the Council decide. • What is there not to like and approve? a Reduce the amount of multi-fanuly use situations. We strea,iy have a girl of apartments and mobile home parks. a I believe the ranges shown nee reasonable. a Denton has terrible code enforcement. F u e whomever is over code enforcement & get people that don't enforce residential codes. a 1 prefer lot sizes 7000sfor larger. 5000sf is too small. a Higher density should be allow cd as makes sense for each development / land use. a Higher density areas should have privacy fences. I Small, separate buildings like "Addison Circle" a 50 units to the acre - only a very small development, no masses of rabbit. ! r, warren blocks of so-caGcd student housing, k a Increase the dwellings per sett is the Downtown university Core. Increase housing for students. + a There should be an acceptable nnx of high and lower dcnsitir. ` , My IRKonentfOamhrr Rc.pmm to CnnV Ptan dnt 117 I t 1 t F h City of Denlon Draft Comprehensive Plan Workbook Information September 9th, 1999 Residential • Subdivisions that exemplify high standards of quality: Density Issue! a Monlecita, Forest Ridge, Soutluidge, Non ngham Sundown Ranch Deer Cont. Creek, Township 11, Hills of Argyle, Northlakes, Ellison Park, Southddge Fast, Hollyhii9, Tonglewood, new development by Kings Row, Wind River, Hunters Rid e, Commercial Land a We need to encourage more commercial gmwth to- offs- etutility costs and Ilse property taxes. Make allowances to eon ge this, a Don't limit strip development. • Zone commercial and Industrial centers in alternate places. a Uae same zoning for commercial areas, / Protect design standards by plat not deed restrictions. Deed restrictions are unenforcable by the City and therefore useless, a Limiting strip development Is anti-business, n,!re aren't enough good new commercial space as it is. a You have politicized the land and its use to an amount that the owner of the land Is not the owner of the land. a Believe that commercial should not be mixed, a Does strip development cause traffic congestion or is it poor street design. • Don't let neighborhood commercial everywhere. I a Commercial areas like Addison Circle. a We need to clean up our entrancewsys. Attract and provide more auractiv e businesses to our entry Nays. a Stop trying to overplan and regulate our city. a 11ie area is already poorly done - you are not going to accomplish anything, a Limit strip malls, you only hurt the small shops that can't afford large mall areas. Quit spending uxpayer dollars on building up the square Induslrlal band a Don't restrict IndusniaT through performance standards. Use a Coordinate with schools to provide the technical training and manpower. a As long as standards are reasonable a Ifeavy manufacturing is problematic with other mix. a We need more industrial land use. We need an industrial park J corridor like Legacy in Piano. We need to promote hotel chains (it Marriott) to establish a convention site. a Anyjobs are goodjobs - we gave money j Walmart to build and net lost jot 1. a We don't want to make the standard so high that we discours a industrial use. Clric & Public a Public facilities should be functional & economic, Land 1'se I Sounds:xpensive • Need complete sidewalk from North Lake Park to Even Park. Currently unsafe to walk or bike between the t vo areas, Windsor Drive is too busy for safe pedestrian or bike traffic • Nor re money wasted on monuments. Special Dlstr clx • bo oat need. r A r l'My lMaurrx•nn('hunhcr Recport.e to Camp plan ASK 1..8 t University of North Texas EXHIBIT K Oft re of the tine Pre.vldent for Ada tnhirarire Affatty I y f September 6, 1999 Mr. Stephen A, Cook Comprehensive Planner City [fall West 221 N. Elm Denton, TX 76201 Dear Mr. Cook: Chancellor Hurley asked me to respond to your letter of July 16, 1999, and to thank you for providing a copy of Draft Denton Comprehensive Plan. The Plan represents a large body of effort to guide community growth and development for the next twenty years. We at the University of North Texas look forward to working with the City of Denton to make the most of the City's Plan and UNT's Master Plan. We want 4 . build on the "town/gown relationship" which, we believe, already serves as a model fur others to follow. Examples of our joint efforts Include the construction of the Performing Arts Center (as a top priority of the Denton Vision Plan) and th< new UNT campus entryway (as part of UN Vs Master Plan). Accordingly, LINT will continue to: • help provide adequate public facilities while providing for the primary education mission of the University. For example, the City of Denton has chosen not to build a convention center. The Gateway Center at UNT, curre,,tly in planning, will assist the City in hosting numerous events. The building will include excellent conference facilities and will be available for use by fall 2001. e recognize and plan for the physical and cultural uniqueness and connectivity of the downtown and the universities. Part of that connectivity Is already underway with the construction of a Speech and Hearing Clinic on the east side of the University. The clinic will help serve the needs of the Denton community, while contributing to the tea^hing/ser ice mission of UNT. • coordinate and assist the City in its environmental impact projects. t • partner wit1, the City to encourage "Green Builder" standards. • assist the City to locate new water storage sites suitable to the City, while not harmful to UNT's Ma:,ter Plan 110 am 1112211/ Denion. Too 1520} 12,111 4401 toff 10 1 1 Moro , 9 171 I 4.1 2 - N; 1940! M5 49YS - TDO 18(X11 7}1.2989 119 . t~ V Mr. Stephen A. Cook September 6, 1999 Page 2 • partner with the City w encourage providing and using public transportation systems. i These are some examples of what we believe that UNT can do to assist as the City and the University face many challenges to ensure that growth Is positive, We look forward to continuing to serve togei&r. Sincerely, e crick Pole Vice President for Administrative Affairs Irr cc: Mayor Jack Miller 4 /ice` 4 G twwrsity of North Texas 120. t Ails M 46* AGENDA INFORMATION SHEET AGENDA DATE: September 14, 1999 DEPARTMENT; Utilities ACM: Howard Martin, 749.8232 Rc:cive P. Report, }told a Discussion, end dive Staff Direction Regarding Adoption of a Single Ordinance Governing All Electric Service Providers Operating Within the City Limits of Ucntc n. BACKGROUND: Discussions regarding renegotiations of the City's Street Rental Agreement with Texas Utilities (novv TXU) and establishment of a franchise agreement with CoServ have been ongoing since 1997. Initially, this process was postponed in order to determine if the 1997 Legislature would enact some form of retail electric deregulaiion whlch would affect the terms required for a modern franchise agreement. The 1997 Legislature took no action on retail electric deregulation. City staff then researched the state orelectric franchise agreements with cities in Texas and draped a proposal that was sent to both TXU and CoServ in September of 1998. The September 1998 draft agreement was designed to provide the City with an appropriate level of control over the use sr public rights-or-way in the City, I CoScrvc provided written comments on the City's proposal in November of 1998. There were several areas related to the operational requirements of the proposal that CoServ objected to. In addition to their operational comments, CoServ objected to a number of items related to the City's ability to regulate their rates within the City limits and to areas of the proposal that attempted to protect the City in the event of changes made by any future retail electric deregulation VA. T XL1 did no provide any written comments to the proposal, They indicated verbally that they would not agree to eny requirements that did not already exist in agreements they had with other Texas cities. Since it had become evident that there "as a strong probability that a retail electric deregulation bill Hould pass in the 1999 Legislature, continuing negotiations based on the Septer'1Xr, 1998 proposal appeared to be a nonproductive effort. Waiting to finalize franchise agreements until A the exact terms of an electric deregulation bill were known provided better protection for the City. As a result of that delay. CoServ required the ability to begin construction or g feeder line to serve the River C-ks subdivision, which lies in a CoServ CCN located within Denton City t 4 4 limits. In a letter agreement, CoServ agreed to complete negotiation of a formal franchise agreement, with a retroactive effective date of May 17, 1999, and a franchise fee of 4% of gross revenues. A review of the proposed franchise agreement, In light of the provisions of SD 7, has now been completed. City staff and its legal advisors now recommend that the City Council adopt a single Ordinance that defines how any electric service provider, existing or future, must operate within the City's public-rights-of-way and the compensation the City will receive for such use. This approach has several advantages over negotiation of Individual comprehensive agreements with each electric service provider in the City: I . Assures that all providers arc treated the same. 2. Ease of ability to modify operational requirements. 3. Actual Franchise Agreements with Individual companies can be simple, which reduces time City staff must spend on lengthy individual negotiations. 4. Protects the City in light of the uncertainty surrounding the future of electric service within the City. The proposed Ordinance addresses all but six of the concerns regarding the September proposal expressed by CoServ. The remaining issues are listed in an Attachment to this Agenda Item. City staff believes that those items mist remain in the Ordinance in order to properly protect City rights-of-way. Individual Franchise Agreements wits also have to be negotiated with CoServ and TXU, These Agreements will be limited in scope. A summary of their major terms are provided in the attachments to this Agenda Item. OPTIONS: 1. Pass single Ordinance covering all electric service providers in City limits. i. Negotiate individual comprehensive franchise agreements with each eiecttic service provider in the City limits. RECOMMENDATIONS: Pass single Ordinance covering all electric service providers in City limits. FRIOR ACTIONlREV1 EW (Council. Hoards. Commission]: None. Vii, INFORAfAT10N: None. 1 2 i C' v ' I Respectfully submitted: Sharon Mays Director or Electric utility i Ll t i it „ EXISTING TU AGREEMENT e payment i 4410 of gro:,s revenues, paid annually, covering: Use of streets, alleys, highways, parks and other public places within present and future city limits • Payment releases TU from all obligations to pay: • Occupation tares • Assessments • Municipal charges • Fees • Pole rental fees • Wire tares • License and inspection fees • Administration and processing fees • Utility easement tares • Franchise fees • Street taxes • Street or alley rentals • Regulatory expenses under Section 24 of PURA or any successor law • All other charge, toles, fees, rentals and taxes of any kind except ad valorem taxes on real and personal property, assessments for public improvements, and sales taxes allowed by State or local law. A Liability r Indemnifies City from claims arising out of actions taken by I'll unless such claims are the result of the City's own negligence. Construction r Poles must be sound and straight and interfere "as little as practicable" with travel and drainage. i Must comply with National Electric Code and City rules, which do not conflict,,pith the agreement and are not inconsistent with State or Federal law. i Lateral and service lines in new developments must be underground, if designated in advance by the City. The cost of underground versus overhead construction must be paid by the City or the developer. i Distribution feeder tines may be overhead. i TU must notify the City of any opening or disturbances of paved surfaces on or before the 15'h day of the month following such disturbance. Disturbed surfaces must be restored to previous condition within a reasonable period otter completion of work and warranted for one year alter repair is completed. r No street may be encumbered for longer than necessary to execute work, 4 KEY PROVISIONS OF PROPOSED STANDARD ELECTRIC SERVICE ORDINANCE TO GOVERN THE UST; AND OCCUPANCY OF PUBLIC RIGIITS-OF-WAY IN THE CITY OF DENTON Section I 4• Defines "Electric Utility Service" to include all sales of electricity including: Various fees charged to customers such as connection and reconnection fees, insufficient funds charges, restoration charges, and temporary service fees. % Ancillary or unbundled electric services provided for City customers. ti• Defines "Gross Revenues" to include all revenues received by the provider of electric service from whatever source including: T'he sale of electricity, merchandise, and transmission and/or distribution service to City customers, or Tra:zsmission survive provided through &e provider's local city system to other I customers outside of the City. Section 11 Requires any company desiring to provide electric service in the City limits of Denton to obtain a franchise agreement from the City and abide by the provisions of this Ordinance and their franchise, 0 Makes clear that granting of an electric service franchise does not cover use of the provider's facilities to provide telecommunications service, local interconnection, network access I service, leased fiber optic capacity, video programming service, or any other telecommunications or telephony service. Limits the maximum term of a franchise to 10 years, + Requires Council consent to assignment of a franchise, SCti A S• Sets the fee for use of City rights-of-Way at: % q°.o of gross revenues from naW until January 1, 2002 After January 1. 2002, for electric utilities and electric cooperatives opting into retail customer choice, the fee shall be determined by calculating the $/kWh paid for such fees in 1998 times the kwh of scrvice delivered by the provider to City customers in a given time period, phis payment is c -elusive of, and in addition to all other general municipal taxes such as ad valorem taxes, sales and use taxes, and special taxes and assessments for public rr improvements. Clearly defines timing and methods of payment. f• Allows the City to charge for pole attachments and charge inspection fees, 5 t Section IV v Requires all new residential or commercial developments to lb: installed underground at the provider's expense, Requires the provider to set aside 6 5% of its annual gross revenue, in addition to its 4% fee, for the Council's use in moving the provider's overhead facilities located in public right-of- way underground. r Provider must give a three year forward "credit" of this amount if requested by the Council v Gives the City clear right to order additional undergrounding at the City's expense. •'r If the provider has spare conduits or pole space, not needed for future growth or emergencies, the City may use such space for non-commercial, governmental purposes. 4, The City may require the provider to construct extra conduit or pole space on new projects for the City's non-commercial use and will pay a fair rental for such space. The provider may riot license or lease any right to um the City's public rights-of-way, Section V Gives the City the right to order the provider to correct any condition it believes is unnecessarily dangerous to life or property. If the provider does not respond in a reasonable time, the City may correct the problem at the provider's expense. •r Provides for appropriate control over construction in City sdcets and rights of way, including review and approval by City Engineering Department of major projects, limits on construction schedules on major streets, and controls on the speed of restoration of public right-of-way following a provider construction project, Establishes a $50,000 Provider's Security Fund for use by the City Engineering Department to repair any defects caused by provider's construction projects. Section Vl S• Provider may be required to attach its wires to poles of another entity or allow another entity to attach to its poles and may be required to share trench space with other public utilities. City Manager resolves disputes over terms for such attachments. •Y Provider's overhead feeders must be "armless" construction and limited to no more than two lines per right-ofway. Section Vi E f• City may order provider to move its facilities, at its expense, if required to accommodate location of any overhead or underground structure needed for a governmental purpose (including water and wastewater lines). , cct' n VJ •o Provider must provide City records of the location of all its facilities in the electronic format spcciticd by the City, 6 r Section IX Assures that the City has the right to allow others to use right-of-ways and to abandon or alter right-of-ways in which the provider has facilities so long as the provider is compensated for moving its facilities. Section X I + Establishes clear audit rights of the provider by the City. + Underpayments of fees required by the Ordinance will be charged an Interest rate of 101/0pcr annum for the period of underpayment and a one time penalty of 10°/a of the total underpayment. Section X1 v Establishes daily financial penalties for failure to comply with the operational provisions of the Ordinance, Section X11 +r Gives the City the right to terminate a franchise for a breach of the terms and conditions of the Ordinance after 70 days notice and a public hearing. r• r 7 t u DRAFT' FOR REVIEW ONLY 5 September 7,1999 1:02 PM AN ORDINANCE ESTABLISHING UNIFORM REGULATIONS TO GOVERN THE USE AND OCCUPANCY OF PUBLIC RIGIITS•OF•WAY BY PROVIDERS OF ELECTRIC UTILITY SERVICE IN THE CITY OF DENTON-, PROVIDING DEFINITIONS; REQUIRING SUCH USERS 'TO OBTAIN A FRANCHISE FROM THE CITY PRIOR TO SUCH USE; PRESCRIBING THE COMPENSATION TO BE PAID TO I'IIE CI PY BY PROVIDERS; PRESCRIBING TIIE CONDITIONS UNDER WHICH SUCH USERS MAY USE AND OCCUPY THE PUBLIC RIGIITS-OF•WAY; REQUIRING UNDERGROUNDING CONDUITS; REQUIRING JOINT USE OF POLES AND CONDUITS; REQUIRING THE MAINTENANCE OF MAPS AND DATA REGARDING FACILITIES IN PUBLIC RIGHTS- OF-WAY; PROVIDING FOR EN17ORCENIENT OF THE REGULATIONS AND FRANCHISES GRANTED THEREUNDER; PROVIDING FOR PENALTIES AND OTHER LEGAL REMEDIES IN TIIE FVEN'T OF PROVIDER'S VIOLATION OF THE PROVISIONS OE THIS ORDINANCE OR OF THE FRANCHISE; PROVIDING FOR GOVFRNMENI'AL E IMMUNIEY OF 111E CITY AND ITS EMPLOYEES; PROVIDING FOR INSURANCE; PROVIDING A SEVLRABILITY PROVISION; PROVIDING AN EFFECTIVE DATE; AND ORDAINING OTHER PROVISION'S REI.AITiD TO THE SUBJECT MATTER HEREOF. I WIIERf?AS, the City of Dcnlon finds it in the public interest to provide that every entity using the Public Rights-cf•Way for the provision of Electricity Utility Service shall, because of the overriding public health, safely and welfare considerations associated with the provision of this SMIL0. comply with uniform regulations governing such use; and 1 1060'08'990901 R(V ordinance 11 c t WHEREAS, the City of Denton finds it in the public interest to retain control over the use of Public Rights-of-Way by providers of Electric Utility Services to ensue against interference with the public convenience, to promote aesthetic considerations, to promot_ planned and efficient us- of limited Right-of-Way space and to protect the public investment in Right-of-Way; and WHEREAS, the city of Denton finds that the granting of franchises for such use of the Public Rights-of-Way under the provistors of this Ordinance to providers of Electric Utility Service is th•; best means of assuring that the above-described interests of the City are promoted; and WIIFREAS, the protection of the public health, safety and welfare will be furthered by the standard;-ation of such right-of-way regulations; NOW, TI IEREFORE I HE COUNCIL OF 1 HE CITY OF DENTON HEREBY ORDAINS: I SIiC,I i0N is DEFINITIONS. For the purposes of this Ordinance and for franchises granted hereunder, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Words not defined shall be given their com non and ordinary meaning. These definitions shall be subject to revision after review by the City to account for changes necessitated by retail competition in the electric utility industry commcncing January 1, 2002. (a) "City" shall mean the City of Denton, Texas, a home rule municipal corporation.. 1060 09 990907 ROW ordinance 9 t v I 3 (b) "Corporate limits" shall mean the corporate limits of the City as said limits are now established or as such limits may hereafter be extended. (c) "Customer" shall mean any person, firm, partnership, association, corporation, company or organization of any kind served by a Provider hereunder within the City. (d) "Electric Utility Service" shall, to the extent any of the following services are being provided, include: (i) all sales of electricity, net of customer credits, to all customers within the corporate limiLc of the City; (ii) all administratwe charges associated with the sale of electricity to all customer classes localel within the corporate limits of the City, which shall include, but not be limited to: (a) com,ection charges, (b) reconnection charge s, (c) insufficient funds charges, (d) restoration charges, and ' (e) temporary service fees; (iii) ancillary or unbundled electric services provided to all customer classes within the corporate city limits of the City whin sold separately from kWh which shall include, but not be limited to: (a) reactive supply and voltage control, (b) scheduling, , (c) system control and dispatch, ,d) regulation and frequency response, IOW 09 990901 ROW ordinance l0 I V (e) energy imbalance, (f) operating reserves, (g) supplemental reserves, (h) spinning reserves; (i) billing and/or metering services; 0) energy audits; and (k) conservation services. (iv) transmission and distribution when sold separately from kWh to any person located within the city limits of the City. (e) "Electric Utility System" or "System" shall mean an electric power system installed and operated in the City in compliance with applicable Federal Energy Regulatory Commission (FERC) and Public Utility Commission of Texas (PUCT) rules and regulations, which shall include, but not be limited to, the generation, transmission and distribution facilities, equipment and administrative services necessary to provide electric service for any use to the City and such extensions, additions or reductions as may hereafter be made. (n "Gross Revenues" shall mean: (i) all revenues received by the Provider from whatever source, respecting the provision of Electric Utility Service within the corporate limits of the City, including the sale of electricity and merchandise within the City to all customers within the City; and (ii) all revenues received by the Provider from the transmission of electricity through the Prov'ider's System within the City to all customers within and outside the City. 1060' 09 990907 ROW ordinance 1 I L 1 I 4 (g) "Person" shall mean any person, firm, partnership, association, corporation, company or organization of any kind. (h) "Provider" shall mean any Person who owns, operates, or otherwise controls an Electric Utility System for the Provision of Electric Utility Service within the City. W "Public Rights-0f--Way" shall mean all of the public streets, alleys, highways, and public thoroughfares of the City, as they now exist or may be hereafter constructed, opened, laid out, or extended within the present limits of the City, or in such territory as may hereafter be added to, consolidated, or annexed to the City. SECTI W 11• F ANCHISE REO TIRED (a) Any Person who desires to occupy Public Rights-of-Way for the purpose of providing Electric Utility Service to any Person or area of the City must obtain a franchise from the City hereunder and comply with all provisions of this Ordinance and the franchise granted hereunder. The franchise granted by the City shall authorize the Provider to use and occupy the present and future Public Rights-of--Way for the purpose of constructing, erecting, owning, suspending, installing, extending, renewing, repairing, maintaining, operating and conducting within the city limits of the City, a plant or plants and poles, wires, pipelines, cables, underground conduits, manholes, fiber optic cable solely for the provision, support, or control of the Electric Utility Systern, and all other facilities and equipment needed and necessary for the maintenance and operation of an Electric Utility System. (b) A Provider seeking to obtain a franchise shall make application therefor with the City. Such application shall consist of completing the Application Form Provided by the City i and filing the completed form with the City, along with the required Application Fee of $300, / Upon receipt of the completed Application Form and the Application Fee, and after reasonable 1060 09 990907 It ~W ordinance 12 c, u alter reasonable opportunity for review of same, the City shall, by ordinance, grant a frdnchise to the applicant as provided herein. (c) A franchise granted hereunder shall be limited to the provision by Provider of Electric Utility Services. In the event Provider desires to use its existing facilities, or construct new facilities, in order to provide telecommunications service, local interconnection, network access service, leased fiber optic capacity, video programming service or any other telecommunications or telephony service to existing or potential customers, Provider must obtain additional and separate authorization from the City for such activities to be conducted in the Public Rights-of-Way prior to their commencement, as provided by state law, including the payment of appropriate fees therefor. (d) Franchises granted hereunder shall cover the geographical area of the entire corporate limits or the City, but shall not be construed to expand or limit a Provider's service area granted by the Public Utility Commission of Texas. The City limits are subject to expansion or reduction by annexation and contraction of municipal boundaries. In accordance with state law and regulations of the Public Utility Commission of Texas, a franchised Provider may provide service to any and all areas that may be annexed to the City under the same terms and conditions of this Ordinance as the current areas now included within the City. If the City approves any expansion or reduction of its corporate limits by annexation or contraction, the City will provide written notice to the Provider. The Provider must revise its payments due to any expansion or reduction by annexation or contraction within a reasonable time after notice by the City, but no later than sixty (60) days after receipt of notice. (e) franchises may be granted for a fixed temt, not to exceed ten years. 1060 08',990907 ROW ordinance 13 C I (f) A franchise shall not be assignable without the express, advance, written consent of the governing body of the City, which consent shell not be unreasonably withheld; such consent to be evidenced by an ordinance that fully recites the terms and conditions, if any, upon which such consent to assign is given. SECTION lllr COMPENSATION TO DE PAID TO THE CITY. (a) As compensation for the rights and privileges conferred by a franchise granted I pursuant to this Ordinance, Provider shall be required to pay to the City, each quarter, a sum of money equal to four percent (4°io) of the Provider's Gross Revenues as defined herein. (b) Each quarterly payment required by this Ordinance and the franchise shall be prepaid by Provider in accorda,Aice with the Schedule attached as Exhibit W' hereto, which is incorporated herew'th by reference; and shall be equal to four percent (4%) of the preceding quartet's actual said Gross Revenues. Each payment shall be due and payable on or before the last business day of the first month following the commencement of the quarter by electronic funds transfer or by other means that provide immediately available funds to the City 9n the day the payment is due. These payments shall be exclusive of, and in addition to all other general municipal taxes of whatever nature, including but not limited to ad valorem taxes, sales and use taxes, and special taxes and assessments for public improvements. During the quarters for which payments of percentages of Gross Revenues are made by Provider to the City as compensation, or part compensation for a franchise granted hereunder, the payments shall be (insofar as the City has legal power so to provide and agree) in lieu of, and shall be accepted as payment for all of Provider's obligations to pay municipal charges, fees, rentals, wire taxes, easement taxes, i franchise taxes, or other taxes of every kind; save and except ad valorem taxes, sales and use , r taxes, and special taxes and assessments for public improvements. The City expressly reserves 1060'09,990907 ROW ordinance 14 v L the right, upon reasonable written notice to Provider, to impose pole attachment fees andlor inspection fees upon Provider's facilities. (c) The compensation payable to the City by Providers as consideration for their use and occupancy of Public Rights-of-Way may change for Providers with tiranchises extending beyond January 1, 2002, in accordance with Section 33.008, Public Utility Regulatory Act of Texas ("PURA") (Tex. Util. Code §33.008). For "electric utilities," as defined in PURA, the City shall determine the franchise fee to be paid by Providers based upon the criteria set forth in §33.008, PURA, and the new franchise fee shall be effective as of January 1, 2002, For electric cooperatives, the t ty shall determine the franchise fce to be paid by such Providers, and the new franchise fee shall be effective upon the implementation by the electric cooperative Provider of customer choice. SECTION IV: UNDERGROUND CONDUITS. USE BY CITY OF CONDUITS AND 1 ol,rs• (a) Provider shall install underground at its expense all electric power distribution facilities within new residential subdivisions or commercial developments. ' (b) ne following provisions will apply to the conversion of overhead facilities to I underground facilities. I (i) As and when requested by the City, the Provider shall spend one half of one percent (0.5%) of the preceding calendar years Gross Revenues to move electric distribution lines located on Public Right"f•Way underground. (ii) Any unexpended portion of the one half of one percent (0.5%) of Gross 1 Revenues shall be carried over to succeeding years and, in addition, upon request by the City, the Provider shall anticipate amounts to be available for up to three years in 1060'08990907 RaW ordinance 15 t, 1 'I l u advance. Any amounts advanced shall be credited against amounts to be expended in succeeding years until such advance is eliminated. (iii) The City and the Provider shall consult and plan together regarding projects to be undertaken pursuant to this section. The Provider shall provide non- binding "ballpark" cost estimates for planning purposes at no cost to the City. The final decision as to which projects are selected rests with the City, subject to the provisions of this s.-ction. The specific scheduling of projects rests with the Provider, which shall make every reasonable effort to complete such projects within the time requested by the City. (iv) In no event shall any overhead conversion expense be charged against the one half of one percent (0.5°,10) fund herein provided foi unless the project to be so funded has been approved by the City to be funded pursuant to this section. (v) In addition to the provisions of this section, the City may require additional facilities to be moved underground at the City's expense. (vi) The cstablist,ment of this undergrounding program creates no vested right in the City to the undergrounding monies. Further, if such monies are not expended pursuant to the conditions hereof, the undergrounding monies are not convertible to cash or available for any other purposes. (c) Representatives of both the City and the Provider shall meet periodically to review: (i) The Provider's andergrounding program, including conversions, public projects and replacements, which have been accomplished or are underway by the r Provider, together with the Provider's plans for additional undergrounding; w (ii) The status of technology in the field of electric undergrounding; I l 1060'08.990907 ROW ordinance 16 t V t (iii) Construction and operation and maintenance costs of underground lines versus overhead lines; and (iv) Public projects anticipated by the City. Such meetings shall be held to achieve a continuing program for the orderly undergrounding of electric lines in the City. (d) When undertaking a project of undergrounding, the City and the Provider shall work with other utilities or companies that have their lines overhead to have all lines undergrounded as part of the same project. Yhen other utilities or companies are placing their lines underground, the Provider shall cooperate with these utilities and companies and undertake to underground Provider's facilities are part of the same project where feasible; provided, however, the Provider shall not be required to pay the costs of any other utility or company. (e) the Provider shall use its best efforts to coordinate its installation of new underground facilities with preexisting underground facilities of other companies. [u each instance, each utility and company shall pay its own costs associated with the work performed by any such utility or company. (f) If Provider shall from time to time have spare ducts in its underground conduits, or spare pins, crossarms, or space on any of its poles not then necessary for the provision of Electric Utility Service, and not needed for future anticipated load growth or emergencies, Provider shall permit the City to use one such duct in each conduit, or reasonable spaces on poles, or both, for the City's police and fire alarm wires, traffic control wires or cable, fiber-optic lines connecting City facilities, or other similar, appropriate non-commercial, governmental uses, i If Provider shall construct or extend additional conduits or erect additional poles, the City may - require the Provider to provide one such duct in each conduit, or reasonable space on poles, or 1060'06.990907 ROW ordinance 17 L li I v i Y both, for the City's own G5e as aforesaid. In either event, the City shill pay Provider a fair rentel therefor. (g) City shall not sell, lease or otherwise make available its rights to use Provider's facilities as set forth herein to any third party for commercial purposes. Such rights are provided solely for the non-commercial use of the City for governmental purposes. However, this restriction shall not prevent the City from using the services of a third party commercial entity to manage or operate the City's facilities on behalf of the City, so long as no resale or other commercial use of such facilities shall occur. (h) Provider is not authorized to license or lease to any person or entity or any other public utility, any right to occupy or use the City's Public Rights- May for t,',e conduct of any private business or pursuit. SECTION V: CONSTRUC110N11ND MAINTENANCE. EXCAVATION. (a) The construction, maintenance, and operation of Provider's El:cLrie Utility System shall be subject to lawful police regulations and ordinances of the City. The placem,nt of poles excavations, and other construction in the streets, alley, and other Public Rights-of- Way, shall interfere as little as practicable with the us, of the streets, sidewalks, and alleys, and with the use of private property. The CA, shall have the right and power, at any time to order and require Provider to remove and abate any pole, wire, cable, or other structure that Is unnecessarily dangerous to life or property. In the event the Provider, after notice, fails or refuses to act within a reasonable time, the City shall have the power to remove or abate the same at the expense of the Provider, all without compensation or liability for damages to r Provider. 1060'08 M907 ROW ordinance ft t r (b) Whenever the Provider shall cause any opening or alteration to be made in any of the Public Rights-of-Way for the purpose of installing, maintaining, operating or repairing its Ele.tric Utility System, &s work shall be completed at Providers expense within a reasonable time. The Provider shall, upon the completion of such work. restore such portion of the Public Rights-of-Way to as good or better condition s it was before the opening or alteration was so made and will promptly remove any debris. Should the Provider fail to complete restoration after seven (7) da; s' notice provided in writing by the City to Provider, the City may repair such portion of the Public Rights-of-Way that may have been disturbed by the Provider, and the cost shall be charged to the Provider. (c) The Provider shall be responsible for the payment of all repair or maintenance costs incurred as a result of any defects, impairments, or substandard condition in the Public Rights-of•Way caused by the work of the Provider for two years after the City's acceptance of the completed work, provided however, that the Provider remains responsible for repair and maintenance costs beyond the two year period when it has been notified by the City in writing of a defect, impairment, or substandard condition within the two year period. (d) On or before the effective date of a franchise granted hereunder, and as a condition precedent to the effectiveness of the franchise, the Provider shall deposit with the City Finance Director the amount of $50,000, which shall constitute the Provider's Security Fund. The Security Fund shall serve as security for the payment of repair or maintenance costs incurred as a result of any defects, impairments, or substandard condition in the Public Rights-of-Way caused blthe work of the Provider. The City is not required to obtain the consent of the Provider prior to expending funds from the Security Fund. if the City is required to expend money from the Security Fund for repair or maintenance costs incurred as a result of any defects, 1060'08 990907 ROW ordinance 19 t w I I I impairments, or substandard condition in the Public Rights-of-Way caused by the Provider, the Security Fund must be replenished to its original amount by the Provider within thirty (30) calendar days of notification by the City that funds have been withdrawn. The Provider shall be entitled to all interest actually earned by the City on any cash portion of the Security Fund, which will be paid to the Provider on an annual basis. (e) No provisions of this Ordinance shall he construed to prohibit City from imposing or permitting charges and fees for excavation, maintenance and restoration projects by Provider, and requiring adequate security therefore, to assure appropriate planning, construction, inspection, completion and restoration of such projects. (t) Engineering plans for those projects involving significant construction in Public Rights-of-Way shall be submitted to the City for approval no later than thirty (30) days prior to the commencement of construction, which approval shall not be unseasonably withheld by the City. (g) Except for emergency repairs, a permit shall be obtained from the City prior to the initiation of any construction, repair, replacement, or other excavation within Public Rights- of-Way. In addition to any other permit requirement, the Provider shall submit a plan that provides for compliance with all federal, state, and City requirements, including, but not limited to, ` construction and restoration standards, stormwater quality regulations, traffic control regulations, and the Texas Professional Engineering Practices Act. Any plans submitted shall be detailed to the satisfaction of the Director of Fnginecring and Transportation. In the event of an emergency repair, the City shall be notified as soon as possible, repairs shall be performed by the Provider, and formal notice to the City shall be delivered no later than the end of the next working day t 'lf,ti following initiation of the emergency tapair. If any work is to be done by an Independent 106008 990907 ROW ordinance 20 v I contractor or subcontractor, the Provider must identify, in writing, that contractor and any subcontractors to the City before a permit is issued. For the permit, the City may require information as necessary so that adequate notification, communication, and points of contact for the Provider or its contractor may be established. r (h) No paving cuts shall be made by the Provider without first obtaining the permission of the Director of Engineering and Transportation, but such permission shall not be unreasonably withheld. All reasonably practical alternatives to making paving cuts will be required before paving cuts will be permitted. However, paving cuts may be made in order to make emergency repairs to the Pmvider's lines or equipment, provided the Prouder gives written notice of the paving cuts to the City no later than the end of the next working day after the emergency repairs are made. In the event emergency repairs are required on an arterial street during peak tragic periods, f.e,, 7-9 a.m. or 4-6 p.m. Monday through Friday, the Provider shall notify the Dentca Police Department and obtain off-duty police officers to assist in the maintenance of traffic flow, and shall comply with all lexas Department of Transportation requirements. (i) Frosion and sedimentation during construction or repair work shall be controlled in accordance with the ordinances and regulations of the City generally applicable to excavations within the City, as amended or revised from time to time. Permanent erosion control shall be required upon completion of all work. Effective environmental and pollution control measures shall be maintained in accordance with City, State, and federal requirements. Q) 'Alien Provider shall make or cause to be made excavations or shall place obstructions in any Public (tights-of-Way, the Provider shall place, erect, and maintain barriers r k t~ r and lights to identify the location of such excavations or obstructions, consistent with the Manual i 1060 '.06 ,990907 RO W ordinar -t 21 of Uniform Traffic Control Devices, and as further directed by the City and the Texas Department of Transportation. (k) Work done in the Public Rights-of-Way shall be planned and executed to minimize time of construction and disruption to traffic and the general public. no work site must be cleaned up daily. Once started, work must proceed without interruption to completion, including restoration and clean-up. (1) Except for emergencies, work times will be as allowed by the Director of Engineering and Transportation. Generally the hours will be g a.m. to 5 p.m. or darkness, whichever occurs first, for all areas other than along major thoroughfares. Work on or along major thoroughfares will be limited to the hours of 9 a.m. to 4 p.m. unless otherwise specifically permitted by the City. (m) Provider sha'I have the authority to trim trees upon and overhanging Public Rights-of-Way (including sidewalks and driveways), after notice to, and under the direction of the City, so as to prevent the branches of the trees from coming into contact with the wires and cables of the Provider, provided that all trimming is done in compliance with the National ' Electric Safely Code and City Code provisions, and at the expense of the Provider. i (n) The City shall have the right to deny a permit for any proposed new or additional I facilities within the Public Rights-cf•Way if it determines there is insufficient space to accommodate the facilities, or if the Provider, or its subcontractors, are not in compliance with existing City ordinances and standards or previously issued permits. ! SEC] ION VV JOINT USE OF POLES. TRENCHES. AND CONDUITS. r r (a) In order to reduce the number of poles and to avoid public safety concerns and visual cluner, the Provider maybe required to attach its wires to poles owned and maintained by 1060'08.990007 Row ordinance 22 U another Person, or to permit the wires of another public utility to be attached to the poles owned and maintained by the Provider, upon reasonable terms and for just compeouation for any additional facilities of Provider that may be required. In the event that Provider and such other public utility are unable to agree on terms and compensation, or if same are not otherwise resolved or determined within a reasonable time, the City Manager, after due notice and a hearing, may prescribe terms and set compensation. The Provider may require such other public utility to furnish evidence of adequate insurance and provide indemnification covering the Provider, and adequate bonds covering the performance of such other public utility attaching to the Provider's poles, as a condition precedent to giving permission to such other public utility to attach wires to Provider's poles, Provider's requirements for such insurance and indemnity must be reasonable. (b) Provider shall not be required to attach its wires to the poles of another public utility or to permit the wires of another public utility to be attached to Provider's poles if it can be satisfactorily shown; i (i) that Provider will be subjected to increased risks of interruption of service or liability for accidents; (ii) the poles, wire, and appurtenances of such other public utility are not of the character, design, or construction required by, or are not being maintained in accordance with modern eicctric utility practice; or (iii) sufficient clearance or space is not available on the pole. Wires shall be located on poles in compliance with applicable safety standards and shall not r interfere with the erection, replacement, operation, repair, or malnienance of the wires and s, appurtenances of any other public utility occupying the poles, 1060`.00,990907 ROW ordinance 23 t (c) Provider's distribution feeder lines may be constructed as overhead lines, but such lines shall be designed and constructed in an "armless" manner, with no more than two (2) such lines per Right•cf•Way. f (d) Provider may be required by the City to share trench space for cables or ducts with another public utility for the placement of cables or wires underground. Compensation to the Provider as well as the terms of sharing trench space shall be resolved as provided for in subsection (a) of this Section, Also, Provider may require insurance and indemnification, as provided in subsection (a) of this Section. Ducts, cables, or wires shall be placed in trenches in compliance with applicable safety standards and in a manner that does not interfere with i Provider's cables or wires, as provided in subsection (b) of this Section: (c) Nothing herein shall modify or abrogate the power of the City to require any holder of a franchise from the City to allow use of its facilities by any other holder of a City franchise under Article ?ill I of the City Charter. SLCIION VII: CONFORMANCE W1111 PUBLIC IMPROVEMENTS. Whenever, by reason of any changes, without limitation, crony street, sidewalk, curb, alley, highway or public way, or in the location or manner of constructing any water or wastewater pipe, gas pipe, storm 1 sewer, or other underground or overhead structure for any governmental purpose whatsoever, it shall be deemed necessary by the City to remove, alter, change, adapt, or conform the underground or overhead facilities of Provider located in the Public Right-of-Way, such alterations or changes shall be made as soon as practicable by Provider when ordered in writing by the City, without claim for reimbursement or damages against the City. Provided, however, if said requirements impose a financial hardship upon the Provider, the Provider shall have the right to present alternative proposals for the City's constderation, The City shall not require 106U 09 990907 ROW ordinance 24 1 Provider to remove its facilities entirely from a street, sidewalk, curb, alley, highway, or public way unless suitable alternatives are available for relocation of its facilities. SECTION V11L: PROVIDER TO MAINTAIN AND FILE MAPS AND ASSIST IN DFA-ERMININO PROVIDER'S USE OF PUBLIC RIOIITS-OF•WAY i (a) The Provider shall cooperate with the City at all times by providing timely and complete information regarding the location of its conduits, poles and facilities, along with such maps, plats, construction documents and drawings as may exist or as may be created from time to time. Provider and City shall cooperate and coordinate their efforts to make the most efficient and economical use of their respective facilities. The Provider shall of all times keep on file In the office of the Director of Engineering and Transportation a current map or set of maps of the i Provider's Electric Utility System within the City. As extensions or modifications of facilities I are made from time to time, the Provider shall file with the Director maps i-r plans showing those exlensions or modifications so that the City will at all times have current and accurate maps and plans of the System. The maps shall not only identify the location of the facilities comprising the Systems, but shall identify the depth and size of any buried transportation or distribution lines, as well a!. the type of cover overlaying those facilities. (b) 1 he Provider shall provide, at its cost, reasonable inforniation requested by the City to assist in a determination of any changes in conditions, practices, or services provided by the Provider through the use of the Poblic Rights-of-Way. Such information shall include computer digitised maps, in a format specified by the City, which identify Provider facilities located within the City, field utility, mark-outs, marked-up plans when requested, and other in fot oration requested by the Cily. t 1060'08 990907 ROW ordinance 25 t I III I SECTION 1X: _ WORK 13Y OTIIERS. (a) The City reserves the right to lay, and permit to be laid, storm sewer, gas, water, wastewater and other pipe lines, cables, and conduits, and to do and permit to be done any underground or overhead work that may be necessary or proper in, across, along, over, or under Z the Public Rights-of-Way occupied by the Provider. The City also reserves the right to change, in any manner, any curb, sidewalk, highway, alley, public way or street. In permitting such work to be done, the City shall not be liable to the Provider for any damage so occasioned, but nothing herein shall relieve any other Person from responsibility for damages to the facilities of Provider. f (b) In the event that the governing body of the City authorizes someone other than the Provider to occupy space under the surface of the Public Rights-of-Way, such grant shall be subject to the rights herein granted or heretofore obtained by the Provider, In the event that the governing body of the City shall close or abandon any Public Right-of-Way that contains existing facilities of the Provider, any conveyance of land within such closed or abandoned Public Right-of-Way shall be subject to the rights herein granted or heretofore obtained by Provider. Provided, however, that the Provider may be ordered to vacate any land so conveyed, if an alternate r practicable, and if the Provider is reimbursed by the Person to whom the properly is conveyed for the reasonable costs of t 1,al and relocation of its facilities. (c) If The City shall require Provider to adapt or conform its Electric Utility System, or in any way or manner to alter, relocate, or change its property to enable any other Person, except the City, to use, or use with greater convenience, said Public Right-of•Way, Provider shall not be bound to make any such changes until such other Person shall havz undertaken, with good r and suilicieni bond, to reimburse the Provider for any cost, loss, or expense which will be caused - by, or arise out of such change, alteration, or relocation of Provider's property. Provided, 1060 09 990907 ROW ordinance 26 t a however, that the City shall never be liable for such reimbursement due to Provider from such Person. SECTION X. ACCOUNTING: AUDIT: INSPECTION. (a) The Provider shall maintain, at its local office or principal place of business within the State, adequate books and records relating to the performance of its obligations under this Ordinance and its franchise. The Provider shall maintain separate records in a form sufficient to identify its investment, revenues, and expenses related to its performance under this Ordinance and its franchise, intending thereby to separate the accounting records of its System in the City from its other systems, The records of the Provider applicable to its performance under this Ordinance and its franchise shall be made available for inspection by the City at any time during normal working hours. (b) City may cause, upon reasonable notice, an audit to be made of the books and records of Provider relating to Provider's performance under this Ordinance and its franchise or any portion of any of its other operations that may be allocated or charged to its operations In the City. 'I he omission by the City to exercise its rights to any audit at any time shall not constitute a waiver of such right. In the event City elects to exercise its right of audit, City shall provide to Provider written notice of such election at least forty-eight (48) hours in advance of the time of such audit. City shall have the right to select auditors to make the audit. Provider shall make available to the auditor such personnel and records as the City may in its reasonable discretion request in order to complete such audit, and shall make no charge to the City therefor. Provider shall assist the City during tiny audit conducted under this Ordinance, including answering i questions and providing any requested records or information within one week of having received a written request therefor, no cost of an audit pursuant to this rovision shall be p borne 1060'08 990907 ROW ordinance 27 t by the City, unless the audit reveals an underpayment of fees in excess of two percent (2%), in which case the Provider shall pay for the audit. (c) Upon request by the City, but no less than annually, the Provider will prepare a statement of its estimate of Provider's revenue by revenue account for the period covered by the statement signed by an authorized representative of the Provider, in such reasonable form and detail as City may from time to time prescribe, sufficient to show the source and method of calculation of Provider's revenue. The acceptance of any statement or payment shall not estop the City from asserting that the amount paid is not the amount due or from recovering any deficit by any lawful proceeding, including interest. (d) Additionally, all maps, plats, records, inventories, and books of the Provider, insofar as they show values o; existing property, shall be preserved for ttse in connection with future valuation of the property of the Provider, (e) In the event the Pvwider shall be determined to have under-remitted the fee required by this Ordinance, the Provider shall pay, in addition to the underpayments, interest on the underpayments at the rate of ten percent (10%) per annum from the time of the underpayment tmtil payment is made. In the event of underpayment of fees, she Provider shall also pay to the City ten percent (10%) of the total underpayment as a penalty for noncompliance with this Ordinance. SECTION XI. PENALTIES, (a) For the violation of any of the following provisions of this Ordinance or of its franchise, penalties shall be paid by Provider to the City within fifteen (15) days of written notice i of assessment by the City, in addition to any other rights or remedies which the City may have at law or in equity: 1060 08 990%1 ROW ordinance 28 W i t c, a (i) For failure to complete construction in accordance with agreed plans, unless the City specifically approves the delay. Provider shall pay a penalty of One Hundred Dollars ($100.00) per day for each day that the failure continues. (ii) For failure to provide data, documents, reports, or information required to be furnished hereunder to the City, or to reasonably cooperate with the City during an audit required under the terms hereunder, Provider shall pay a penalty of One Hundred Dollars ($100.00) per day for each day the violation occurs or continues. (iii) For failure to comply with any financial obligation required herein, Provider shall pay a penalty of One Hundred Fifty Dollars ($1$0.00) per day for each day that such noncompliance continues. (iv) Commencing ten (10) days following the idoption of a resolution or an ordinance t C the City that finds and determines a failure of Provider to comply with operational or maintenance standards as required by this Ordinance, Provider shall pay a penalty of One Hundred Filly Dollars ($150.00) per day for each day that such noncompliance continues. SECTIONXIi: FORHEl1UREANDTERM[NATION. (a) In addition to all other rights and powers retained by the City under this Ordinance or otherwise, the City resencs the right to forfeit and'erminate a franchise granted pursuant to the provisions hercof and all rights and privileges of the provider hereunder, In the J event of a material breach of its terms and conditions. A material breach by Provider for purposes of this Section, shall include, but shall not be limited to the followings 100 OB N0907 ROWordinvet 29 a (i) Violation of any provision of this Ordinance or a franchise granted hereunder, or any rule, order, regulation or determination of the City made pursuant to this Ordinance; or (ii) An attempt by Provider to evade any provision of this Ordinatce or its franchise, or to practice any feud or deceit upon the City or its residents. (b) The foregoing mattes described in Section XII(a) shall not constitute a material breach of this Ordinance if the violation occurs without fault of the Provider, or occurs as a result of circumstances beyond Provider's control which could not have been ovoided as a result of the exercise of reasonable care. Provider shall not be excused by mere economic hardship, or by the misfeasance or malfeasance of its directors, officers, agents, or employees. (c) The City may male a written demand that the Provider comply with any such provision, rule, order, or determination under or pursuant to this Ordinance or its franchise. if the violation by the Provider continues for a period of thirty (30) days followit+i such written demand, without the City receiving written proof and substantiation from Provider that the required corrective action has been taken, or is being actively and ex I pcditiously pursued, the City may take under consideration the issue of termination of the franchise of Provider. The City shall set a hearing, and shall cause to be served upon Provider, at least fiFleen (I days prior to the date of such hearing, a written notice of intent to regwest such termination and the time and f place of the hearing. Public notice shall be given of the hearing and the issue or issues which the City is to consider, At said hearing, the governing body of the City shall hear and consider the issue or issues and shall hear any person interested therein. At said hearing, the governing body of the City shall determine, In its sole discretion, whether or no any violation by the Provider , A , has occurred. I' 1060 08990907 ROW ord tnance 30 t iy 2 (d) If the City shall determine that a violation by the Provider occurred, and was the fault of the Provider, and within its control, and could not have been avoided with the exercise of reasonable care, the City may declare the franchise of the Provider forfeited and terminated; or In the altemative, the Council may grant to Provider a further period of time to cur; the violation. SECTION XIIL OTI(a LEGAL REM LS OF CITY IN EVENT OF pgOVIp NONCOMPLIANCE. Nothing herein contained shall limit or restrict any legal lights that the City may possess arising from any alleged violation of this Ordinance or its franchise by Provider. The City retains all other rights, both legal and equitable, to which i; is entitled under I the law. EfUJON XIV' LEGAL C WACITY OF PROVIDER. The Provider shall be a legal entity with legal capacity to operate, construct, reconstruct, and maintain an electric transmission and distribution system in the City in its properly cenifrcroted service area. SFCHON XV GOVERN NIWAL IMM JN1rY. All of the provisions contained In this Ordinance are hereby declared to be for a public purpose, and are in the interests of the health, safety, and welfare of the general public. Any member of the governing body of the City, or City official or employee charged with the enforcement of this Ordinance, acting for or on behalf of the City in the discharge ol'his or her official duties, shall not thereby render himself or herself personally liable; and he or she is hereby relieved front any and all personal liability for any damage that might accrue to any person or property as a result of any act required or permitted in the discharge of his or her said duties. ,SECTION XVi; IN 1 Ah Provider will insure against all the risks undertaken ' pursuant to its franchise, Including the indemnification required in the franchise, Such Insurance i 106008 990907 ROW ordinance yt f e tJ III l may be in the form of self-insurance to the extent permitted by applicable lain, under a Provider- approved format plan of self-insurance maintained in accordance with sound accounting and risk-management practices. Such insurance coverage or plan of self-insurance is subject to the approval of the Risk Manager of the City, whose approval shall not be unreasonably withheld. A certificate of insurance shall be provided to the City annually, no later than October 1 fir each year during the term of Provider's franchise, evidencing such coverage, and additionally within thirty (30) days of any substantial change in the nature of its coverage under this Section Should provider elect to selGinsure, its annual notice to the City shall contain information clearly identifying the process for filing a claim against such coverage. SECTION XVIL• SEVERABILITY. If any section, subsection, paragraph, sentence, clause, phrase or word in this Ordinance, or the application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions of this Ordinance despite any such invalidity. In such event, the parties shall in good faith negotiate and endeavor to prepare and agree upon a new replacement provision which shat) substantially achieve the original intent of the parties. SL_UION XVIIL EFFECTIVE DATE; AUT11EN71CATIQN. This Ordinance shall take effective immediately from rind after its passage and publication, and it is accordingly SO ORDAINED. SLC I (ON XIX; OPEN MEETING. 11 is hereby officially found and determined that the meetings at which this Ordinance was passed were open to the public m required by law, and lt~•~ that public notice of the time, place and purpose of said meetings was given as required by law. 1060,09',990907 ROW ordinance 32 PASSED AND APPROVED -.his the _ day of 11999. i JACK MILLER, MAYOR j ATTEST' JENNIFER WALKERS, CITY SECRETARY BY: _ APPROVED AS TO IXOAL FORM. IIER3ERT L. PROUTY, CITY ATTORNEY BY: The City of Denton, Texas, acting herein by its duly constituted authorities, hereby declares the rorcgo:ng Ordinance passed on first reading on the _ day of 1999; and passed on second reading on the day of 1999; and passed on third reading on the day of , 999; and being finally effective as of the day of 999. Jack Miller, Mayor Mark Burroughs, Council Member Roni Bcasley. Council M11cmber Mike Cochran, Council Member Neil Durrance, Council Mcmber Sandy Kristoferson, Council Member Carl O, Young, Sr.. Council Member The above and foregoing ordinance read, adopted on first reading and passed to second reading by the following votes, this the day of._ 1999, at a regular session of the City Councii. Jack Miller, Mayor, voting 1060 08990907 ROW ordinance 33 1 A I I V Y. Mark Burroughs, Council Member, voting - Roni Beasley, Council Mem'xr, voting Mike Cochran, Council Member, voting _ Neil Durrance, Council Member, voting Sandy Krisloferson, Council Member, voting Carl C. Young. Sr„ Council Member, voting _ The above and foregoing ordinance read, adopted on second reading and passed to third reading by the following votes, this the day of _ 1999, at a regular session of the City Council. Jack Miller, Mayor, voting Mark Burroughs, Counc:1 Member, voting Roni Beasley, Council Member, voting Mike Cochran, Council Member, voting Neil Durrance, Council Member, voting Sandy Kristofcrson, Council Member, voting _ Cad G. Young, Sr., Council Member, voting The above and foregoing ordinance read, adopted on third reading and passed by the following votes, this the day of _ 1999, at a regular session of the City Council. Jack Miller, Mayor, voting MA Burroughs, Council Member, voling Roni Beasley, Council Member, voting j, Mike Cochran, Council Slember, voting Neil Uurrance, Council Member. voting 1060 08 990907 ROW ordinance 34 I t I~ Sandy Kristofcrson, Council Member, voting Carl G. Young, Sr„ Council Member, voting i 1060' 03,99M? Row ordinance 33 t u {i{ 1 i CO SERV'S PROBABLE MAJOR OBJECTIONS TO ORDINANCE (Based on Comments Provided November 1, 1998 on Former Draft) 0 Does not want to be prevented from charging a developer for installation of underground electric service. Does not want to be required to provide any spare conduits for governmental use but will al low use of pole space. 0 Does not want to be subject to any future changes in ordinances governing provision of electric service. S• Is not willing to include revenues from administrative charges (connection and reconnection fees, ctc.) in calculation of gross revenues, + Does not want to pay pole attachment or inspection fees. 0 Does not want to accept any form of financial penalties for noncompliance with the opcrational requirements of the Ordinance. TXU'S PROBABLE MAJOR OBJECTIONS TO ORDINANCE. TXU never provided any written comments on the former draft franchise agreement They have indicated verbally that they will not agree to any provisions that do not already exist in agreements they have with other cities in Texas. This would definitely include the 0.5% undergrounding fund. 1 S 36 i t KEY PROVISIONS OF PROPOSED F WITH RANCIIIE AGREEMENTS Section CoSERV AND 7'XU Provides that terms electric 'sod in the Agreements have the service ordinance, same definitions defined in ,~V*Qn I the city's { Establishes a 10-year term, f 0 Franchise is only for the provision of traditional electric scrV. '•ti All activities and oc ordinance. cupation ofpublicrights-of-way ice. are governed b Y the city -5 electric service Sc ti n II Establishes the City'fanager as the Administrator of the Franchise S ti n IV Sets requirements for fin Requires that the ancial records that must be maintained. ti• City be notified of all fin + e quires which govern the franchisee and that'the City µ71I receive copies oFsuch reports. anc and Requires a re perat~ng reports made to regulatory port explaining how each u Requires an annual organizational char1orindividuals individuals nation have of gross receipt, u theireJectric system in the City, as made. ~ Gives the City Manager the right to ins responsibility for managing pest plant property and records. Section V Sets franchise fee, rf R Juary 1, 2002. equires provision ol'information necessary Allo for implementation Ora to calculate franchise fee on a per kuh Per kw h bas's after the franchisee "opts in" to retail choice. franchise fee on the later of tan 1.2002 or the date Ea ton V-1 + Reinforces the City's right to charge the event the franchisee violates its a penalty, fees shown in the rr'Inchise ordinance in the greement or the city franchise ordi r Section Vl Hance. States that the parti related to prompt es v1Yll payment u of se the f alternate dispute resolution to resolve disputes except ranchise fee. thosc 37 t t DRAFT FOR REVIEW ONLY September 7,1999 1:11 PM ORDINANCE NO. AN ORDINANCE GRANTING TO DENTON COUNTY ELECTRIC COOPERATIVE, INC., DOING BUSINESS AS COSERV ELECTRIC, A FRANCHISE FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, AND USING AN ELECTRIC UTILITY SYSTEM IN THE CITY OF DENTON, REGULATING THE CONSTRUCTION WORK DONE BY THE GRANTEE IN THE CITY; PRESCRIBING TILE DUTIES, RESPONSIBILITIES, AND RULE- MAKING AUTHORITY OF THE CITY MANAGER AND TFE CITY WITH RESPECT TO ADMINISTRATION OF THIS FRANCHISE; PROVIDING FOR ENFORCEMENT OF THE FRANCHISE; PRESCRIBING THE COMPENSATION TO BE PAID THE CITY BY THE GRANTEE. FOR THE FRANCHISE PRIVILEGE; SETTING FORTH THE TERM OF THE FRANCHISE AND THE RIGHT OF THE CITY TO UNILATERALLY TERMINATE THE FRANCHISE IN CERTAIN CIRCUMSTANCES; PROVIDING FOR A SEVERABILITY PROVISION; PROVIDING FOR ACCEPTANCE OF THE FRANCHISE BY GRANTEE; AND PROVIDING AN EFFECTIVE, DATE. WHEREAS, Denton County Electric Cooperative, Inc., doing business as CoServ Electric, has been using and occupying Public Rights-of-Way in the City of Denton for a number of ycars, including all of calendar year 1998, without a franchise therefor from the City; and WHEREAS, by letter agreement dated June 16, 1999 ("Letter Agreement'), CoServ Electric and the City agreed to interim terms and conditions governing CoServ Electric's use and occupancy of the Public Rights-of-Way until CoServ Electric and the City reached agreement on a comprehensive franchise agreementlordinance; and 1060 08 990907 draft CoServ franchise 38 t WHEREAS, such Letter Agreement provided that the electric franchise to be granted to CoServ Electric would have an etfective date of no later than May 17, 1999; and WHEREAS, the City of Denton has adopted Ordinance No. setting forth the terms and conditions governing the use and occupancy of Public Rights-of-Way by providers of electric utility service, including the requirement that such providers obtain a franchise from the City for such use and occupancy; and WHEREAS, Ordinance No. applies to Denton County Electric Cooperative, Inc., doing business as CoServ Electric, and its provision. of electric utility service in the City, and requires Denton County Electric Cooperative, Inc. to obtain a franchise from the City; NOW, 'II IEREFORE THE COUNCIL OF THE CITY OF DENTON HERESY ORDAINS: SECTION 1: DEFINITIONS. As used in this ordinance, capitalized terms shall have the defined meanings set forth in Ordinance No. _ and such definitions are hereby adopted as is set forth fully herein. 1 SECTION 11; FRANCHISE GRANTED. (a) There is hereby GRANTED to Denton County Electric Cooperative, Inc., doing business as CoServ Electric (hereinafter called "Grantee"), for the full term of ten (10) years from the effective date set forth in Section X111 of this Ordinance, a Franchise to use and occupy the Public Rights-of--Way in order to construct, erect, own, suspend, install, extend, renew, repair, maintain, operate, and conduct in the City of Denton, Texas, (hereinafter referred to as "City"). a plant or plants and poles, wires, pipelines, cables, underground conduits, manholes, fiber optic cable for its own use, and all other facilities and equipment needed and necessary for the maintenance and operation of an Electric Utility System. 1060 08 990007 draft CoScrv franchise 39 t; I~ i (b) This Franchise does not grant to Grantee the tight, privilege, or authority to engage in any other business within the City other than the provision of electric power and energy delivery facilities, pertaining to traditional electric services, as set forth in this Franchise. Any additional services to be performed by Grantee in the City, other than traditional electric utility services, shall not be included within this Franchise, but instead, shall be the subject of a separate agreement or by an appropriate amendment to this Franchise. (c) All of Grantee's activi ies and occupation of the Public Rights-of-Way in the City shall be gov:mcd by the provisions of Ordinance No. _ of the City, as such ordinance may be amendtd from time to time in the sole discretion of the City. (d) This Franchise supercedes, and takes the place o:, the Letter Agreement dated June 16, 1999, referenced in the preamble hereof. Grantee and City agree that Ordinance No. and this Franchise together constitute the comprehensive franchise ngreement/ordinance referenced in the Letter Agreement. SECUON III: ADMINISTRATION OF FRANCHISE BY CITY (a) The City Manager is the principal City offieer responsible for the administration of this Franchise, and shall generally oversee and review the operations of Grantee under this Franchise. (b) The City may delegate to the City Manager the exercise of any of the powers conferred upon the City by its Charter, under its Code of Ordinances, or by regulation or rule, or by law, relating to the supervision and regulation of Grantee in the exercise of the rights and privileges herein conferred to Grantee. The City Manager shall have the authority to make and , publish, after written notice to those affected and after a hearing, such rules and regulations as 1060'08 990907 dran CoServ franchise 40 S t u a are necessary to carry out the duties and powers conferred upon the City, acting by and through its City Manager by the Public Utility Regulatory Act, as amended, and otherwise. (c) It shall be the right and duty of the City Manager and the governing body of the City at all times to keep fully informed as to all matters in connection with, or affecthng the construction, reconstruction, maintenance, operation, and repair of the properties of the Grantee, as well as its accounting methods and procedures in connection therewith, the conduct of the Grantee's business in the City, and the electric service being provided by Grantee in the City. I SECTION 1V: RECORDS. REPORTS. AND INSPECTIONS. (a) The Grantee shall use the system of accounts and the forms of books, accounts, records, and memoranda prescribed by the Public Utility Commission of Texas ("PUCT"), or its successor agency charged with regulating electric utilities in the State of Texas, or as may be mutually agreed upon by the City and Grantee in writing; except that the City may reasonably require Grantee to keep certain additional records or accounts net inconsistent therewith. Should the PUCT or any successor to it, cease to exist, the City retains the right to require the Grantee to maintain a system of accounts and forms of books and accounts and memoranda which are prescribed either by the Federal Energy Regulatory Commission ("FERC") or the National Association of Regulatory Utility Commissions ("NARUC") or the successor of either of these organizations; or as mutually agreed upon in writing, by the City and Grantee. (b) Grantee will promptly advise the City of the nature, content, and purpose of each financial and operating report that it makes to the Public Utility Commission of Texas, the Railroad commission of Texas, the Federal Energy Regulatory Commission, and the Securities and Excnange Commission. Grantee, at Grantee's sole cost aid expense, will promptly provide 1 copies of all of such reports to the City Manager, in no event later than fifteen (15) days after the 1060 08 990907 draft CcServ rrmieh1se 41 v filing of ear h such report. Grantee shall additionally pnrvide the City A -,h a copy of any such special studies as the City Manager and the governing body of time City may reasonably require in the administration and enforcement of this Franchise. (CI Grantee shall keep the City fully informed as to all matters in connection with or affecting the conotruction, reconstruction, removal, maintenance, operation, or repair of Grantee's facilities; including, without limitation, all accounting methods wid procedures used by Grantee in determining the franchise fee amounts to be paid the City. (d) Grantee shall furnish to City at the time each quarterly payment of franchise fee is made to City hereunder, a sufficiently detailed financial statement showing how the Gross Revenues amount was arrived at and how the amount paid to the City was determined, for such quarter. After Grantee implements customer choice, the information provided to the City shall indicate the number of kilowatt hours ofelectricity delivered by the Grantee in the City. (e) Grantee shall provide the City, on an annual basis, a current chain-of-command organi,zlionaI chart of Grantee showing all of its officers, managers turd supervisors, together with their respective titles, addresses and telephone numbers, who have the ultimate i responsibility for managing Grantee's Electric Utility System in the City. (Q fl-e City Manager, or his designer, shall have the right, at reasonal-le times, to inspect the plant, equipment, and other property of the Grantee, and its affiliates; and to examine, audit, and obtain copies of the papers, books, accounts, documents, and other business records of the Grantee and its affiliates, consistent with state law. (g, The City shall retain all of the investigative powers and other rights provided to the City by its Charter and by state law. I` k 1 10640 08 990907 draft CoServ franchise 42 t V R SECTION V: COMPENSATION TO BE PAID TO THE Cam. (a) Grantee shall pay the City an annual Franchise Fee as set forth in Ordinance No. (b) Within ninety (90) days after the effective date of this Franchise, Grantee shall provide information to the City: (i) documenting the number of kilowatt hours of electricity delivered by Grantee in calendar year 1998 to each of Grantee's retail customers whose consuming facility's point of delivery was located within the City's boundaries; and (ii) documenting Grantee's Gross Revenues (as defined in Ordinance No. from calendar year 1998 derived from the provision of Electric Utility Service within the City's boundaries. (c) The City shall compute the franchise fee that Grantee would have paid to the City in calendar year 1998 at the rate of 4% of Grantee's Gross Revenues for 1998, as determined in paragraph (c) above, and shall notify Grantee of the results of City's computation. Grantee agrees that the resul' of such computa+t +n is the amount due to the City for calendar year 1998, 1 in accordance with the provisions of §33.008, PURA. Grantee agrees that City will use this amour,t to calculate Grantee's franchise fee per kilowatt hour, in accordance with §33.008, PURA. By October 1, 2001, the City shall notify Grantee of the amount of the franchise fee set j forth in number of dollars per kilowatt hour. Grantee agrees that such calculation is appropriate and waives any right it n ay have to challenge or otherwise contest the franchise fee. l , (d) Grantee !.hall pay such franchise fee commencing with service rendered by ~1' a t Grantce on and aver January 1, 2002, or commencing with service rendered by Grantee on and 1060 D8'•gW07 dran CoServ franchise 43 t after the first day of the first month following the effective date of Grantee's implementation of customer choice, whichever is later. SECTION VI: FRANCHISE AND OTHER VIOLATIONS. Upon evidence being received by the governing body of the City that a violation of this Franchise Ordinance, or a City Charter provision, or an ordinance of the City lawfully regulating Grantee in the furnishing of sen ice hereunder is occurring, or has occurred, it shall at once cause an investigation to be made by the City Manager or his designee. If the goveming body of the City finds that such a violation exists or has occurred, it shall take the appropriate steps to secure Grantee's compliance, In the event that a violation has occurred and written notice has been provided to Grantee, and compliance has not been made by Grantee within ten (10) days from and after the date writtan notice of such alleged violation is received by Grantee, then the governing body of the City m ty impose monetary penalties upon Grantee as set forth in Ordinance No. which are reasonably related to the seriousness or gravity of the violation, and the impact of the viola+ on utcs the City andtor the Grantee's electric service customers in the City. SECTION VII: ALTERNATE DISPUTE RESOLUTION. The Grantee and the City agree that, if a dispute arises, they will use their best efforts to resolve any disputes regarding this Franchise through the use of mediation or other forms of alternate dispute resolution which are set forth in Chapter 154 of the Texas Civil Practice and Remedies Code (V.A.T,C.S.). This section shall not h applicable to Grantee's obligation to make prompt payments of the franchise fees as provided herein. SECIIONVIII: NOTICES. (a) All notices, including communications and statements which are required or permitted under the terms of this Franchise, shall be in writing. Service of a notice shall be t060 08 990907 draft CoServ franchise 44 i t. 1 i accomplished by hand-delivery, by registered or certified mail, return receipt requested (postage prepaid), or by reputable overnight delivery service. All notices shall be effective upon the receipt of notice by the intended recipient. (b) All notices shall be sent to the City and Grantee at the following addresses: CITY OF DENTON, TEXAS DENTON ELECTRIC COOPERATIVE, INC. City Manager CoServ Electric City of Denton, Texas c/o_ 215 E, McKinney Denton, Texas 76201 (c) The City and Grantee, from time to time, may designate a new address and/or another designated officer for purposes of providing notice hereunder, by written notice to the other party given as provided her:in. SECTION IX: CONFORMITY TO TIIE CONSTITUTION STATUTES 01ARTER AND CITY CODE OF ORDINANCES. This Franchise is granted subject to all applicable provisions of the Constitution and laws of the State of Texas, the Charter of the City of Denton, Texas, and the Denton Code of Ordinances, together with any and all rules and regulations adopted thereunder. phis Franchi,e shall in no way affect, abridge, or impair the rights, obligations, or remedies of the parties provided for by the Public Utility Regulatory Act of Texas, as amended. SECTION X: GOVERNING LAW AND VENUE. (a) This Franchise shall be governed by and construed in accordance with the laws of the State of Texas and the City Charter of the City of Denton, Texas. ! 1060' 08 990901 drafl CoServ franchise 45 C (b) Venue respecting any dispute arising hereunder shall exclusively lie in Denton County, Texas. (c) For purposes of construction, this Franchise shall be construed as haying been negotiated at arm's length and drafted by the combined efforts of the City and Grantee and their respective legal counsel SECTION XI: INDEMNIFIC.UaN1 Grantee shall defend, indemnify and save whole and harmless the City and all of its officers, officials, agents, emp!oyees and attorneys, against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm fbr which recovery of damages is sought, suffered by any person or persons that may be occasioned by, or arise out of, Grantee's breach of any of the terms or provisions of this Franchise or of Ordinance No. or by any negligent or strictly liable act, or omission by Grantee, its officers, agents, employees, subcontractors, affiliates and subsidiaries, in the construction, maintenance, operation, or repair of Grantee's Electric Utility System, or by the conduct of Grantee's business in the City pursuant to this Ordinance; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from die sole negligence or fault of the City, its officers, officials, agents, employees, or separate contractors. In the event of joint and concurrent negligence or fault of both of the Grantee and the City. responsibility and indemnity, if any, shall be apportioned comparatively in accordance with the laws of the State of Texas without, however, waiving any governmental immunity, defense or provision available to the City under applicable Texas law, and without waiving any of the defenses of the livics under applicable Texas law, It is understood that it is not the intention of the parties hereto to create liability for the benefit of any third parties, but that this i 1060 08 990901 drag CoServ franchise 46 i F I t V k Franchise shall be solely for the benefit of the City and Grantee, and shall not create or grant any rights, contractual or otherwise, to any other person or entity. SECTION XII: NON-EXCLUSIVF. FRANCHISE. The Franchise granted by this f Ordinance is not exclusive. Nothing contained herein shall be construed so as to prevent the City from granting other li.e or similar rights, privileges, and franchises to any other person, firm, corporation, or public utility. SECTION XIIL EFFECTIVE DATE: ACCEPTANCE. This ordinance shall take effective immediately from and after its passage, publication, acceptance by Grantee in accordance with the provisi ms of the Charter of the City of Denton, Texas, mid after Grantee deposits its Security Fund with the City Finance Director, as required by Ordinal-, No. and it is accordingly SO ORDAINED. Under the terms of the Letter Agreement, Grantee's obligations with regard to payment of compensation hereunder shall have wi cfTective date of May 17, 1999. The Franchise granted herein shall continue for a term of ten (10) years from the effective date. SEC PION XIV: OPEN MEETING. It is hereby officially found and determined that the I meetings at which this ortinance was passed were open to the public as required by law, and that public notice of the time, place and purpose of said meetings was given as required by law, JACK MILLER, MAYOR ~f AT'CEST: ~ JFNNIFER WALTERS, CITY SECRETARY 1 106008,990901 draft CoServ franchise 47 i c } BY: APPROVED AS TO LEGAL. FORM: HERBERT L. PROUTY, ciTY ATTORNEY BY: The City of Dcnton. Texan, acting herein by its duly constituted authorities, ia^reby declares the foregoing Ordinance passed on fart reading on the day of 1999; and passed on second reading on the day of 1999; and passed on third reading on the day of 1999; and being finally effective as of the day of 11999. lack Miller, Mayor IV. xk Burroughs, Council Member Roni Beasley, Council Member Mike Cochran, Council Member Neil Durrance, Council Member Sandy Kristoferson, Council Member Carl G. Youtg. Sr., Council Member The above and foregoing ordinance read, adopted on first.-coding and passed to second reading by the folly ing votes, this the day of 1999, at a regular , session of the City Council, lack Miller, Mayor, voting ! Mark Burroughs, Council Member, voting i 3060'08 990907 drdri CoServ Genchlse 48 t j I' i I I Roni Beasley, Council Member, voting Mike Cochran, Council Member, voting Neil Durrance, Council Nlember, voting Sandy Kristoferson, Council Member, voting _ Carl G. Young, Sr„ Council Mcmber, voting The above and foregoing ordinance reud,adopted on second reading and passed to third reading by the following votes, this the day of _ 1999, at a regular session of the City Council, Jack Miller, Mayor, voting _ Mark Burroughs, Council Member, voting Roni Beasley, Council Member, voting Mike Cochran, Council Member, voting Neil Durrance, Council Membcr, voting Sandy Krislofenon, Council Member, voting Carl G. Young, Sr., Council Member, voting J The above and foregoing ordinance read, adopted on third reading and passed by the following votes, this the day of 1999, at a regular session of the City Council. Jack Miller, Mayor, voting Mark Burroughs, Council Member, voting Roni Beasley, Council Member, voting Mike Cochran, Council Member, voting A. G Neil Durrance, Council Member, voting f Sandy Kristoferson, Council Member, voting 1060 OB 990907 draft CoServ franchise 49 l I c. j I I i Carl G. Young, Sr., Council Member, voting STATE OF TEXAS § COUNTY OF DENTON § 1, Jennifer Walters, City Secretary of the City of Denton, Texas, do hereby certify that the above and foregoing is a true and correct copy of the Franchise Agrccment Ordinance between V Pity of Denton and Denton County Electric Cooperative, Inc., doing business as CoServ Llectric. The same is now recorded as Ordinance Number in the Ordinance Records of the City of Denton, Texas. W11 MY HAND this the day of ,1999. 4 f Jennifer Walters, City Secretary (SEAL) r' 1060'08'990907 draft CoServ franchise SlT c ~f c i ,r ACCEPTANCE WHEREAS, the City Council of the City of Denton, Texas, did on the day of , 1999, enact an Ordinance entitled: AN ORDINANCE GRANTING TO DENTON COUNTY ELECTRIC COOPERATIVE, INC. DOING BUSINESS AS COSERV ELECTRIC A FRANCHISE FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, AND USING AN ELECTRIC UTILITY SYSTEM IN THE CITY OF DENTON; REGULATING THE CONSTRUCTION WORK DONE BY THE GRANTEE IN THE CITY; PRESCRIBING THE DUTIES, RESPONSIBILITIES, AND RULE- MAKING AUTHORITY OF THE CITY MANAGER AND THE CITY WITH RESPECT TO ADMINISTRATION OF IRIS FRANCHISE; PROVIDING FOR ENFORCEMENT OF THF. FRANCHISE; PRESCRIBING THE COMPENSATION TO BE PAID THE CITY BY THE GRANTEE FOR THE FRANCHISE PRIVILEGE; SETTING FORTH THE TERM OF THE FRANCHISE AND THE RIGHT OF THE CITY TO UNILATERALLY TERMINATE THE FRANCHISE IN CERTAIN CIRCUMSTANCES; PROVIDING FOR A SEVERABILITY PROVISION; PROVIDING FOR ACCEPTANCE OF THE FRANCHISE BY GRANTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, said Ordinance was on the _ day of 1999, duly approved and subscribed by the Mayor of said City, and the seal of said City was thereto affixed and attested to by the City Secretary; NOW, THEREFORE,, Denton County Electric Cooperative, Inc., doing business as CoServ Electric, hereby in all respects ACCEPTS, APPROVES AND AGREES TO said Ordinance, and the same shall constitute and be a binding contractual obligation of Denton ' County Electric Cooperative, Inc., doing business as CoServ Electric, and of the City, without waiver of any other remedy by Denton County Electric Cooperative, Inc., doing business as CoServ Electric, or the City, and Denton County Electric Cooperative, Inc., doing business as CoServ Electric, does hereby file this, its wTitten acceptance, with the City Secretary of the City of Denton, Texae in her office. l DATED this the day of__ 11999. DENTON COUNTY ELECTRIC COOPERATIVE, INC„ doing business as COSERV ELECTRIC By: ATIEsi: , I 1060' 08 990907 Bran CoServ Ganch ise S 1 e ACCEPTANCE PILED in the Office of the City Secretary of the City of Denton, Texas, this the day of 11999. Jennifer Walters, City Secretary y ary I 4 1060'06.990907dra9Co5crv rranchise c, V' A DRAFT FOR REVIEW ONLY September 7,109 1:11 PM ORDINANCE NO. AN ORDINANCE GRANTING TO TEXAS UTILITIES ELECTRIC COMPANY A FRANCHISE FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, AND USING AN ELECTRIC UTILITY SYSTEM IN THE CITY OF DENTON; REGULATING THE CONSTRUCTION WORK DONE BY THE GRANTEE IN THE CITY; PRESCRIBING THE DUTIES, RESPONSIBILITIES, AND RULE-MAKING AUTHORITY OF THE CITY j MANAGER AND THE CITY WITH RESPECT TO ADMINISTRATION OF THIS t FRANCHISE; PROVIDING FOR ENFORCEMENT OF THE FRANCHISE; I DESCRIBING THE COMPENSATION TO BE PAID THE CITY BY THE GRANTEE FOR THE FRANCHISE PRIVILEGE; SETTING FORTH THE TERM OF THE FRANCIISE AND THE RIGHT OF THE CITY TO UNILATERALLY TERM[NATE THE FRANCHISE IN CERTAIN 1 CIRCUMSTANCES; PROVIDING FOR A SEVERABILITY PROVISION; REPEALING ORDINANCE NO. 87.186, AS AMENDED; PROVIDING FOR ACCEPTANCE OF THE FRANCHISE BY GRANTEE; AND PROVIDING AN EFFECTIVE DATE. W] IERFAS, 'texas Utilities Electric Company is a public electric utility engaged in the business of supplying the citizens of the City of Denton, within its certificated service area, with electric power; aid W'IIERI'.AS, Texas Utilities Electric Company has been supplying a number of Denton ~ z A citizens with electric power and traditional electric utility services pursuant to Ordinance No. 87• 186, enacted by the Denton City Council on October 20, 1987; and I 1060' 08` 990819 draft TU Franchise 33 c WIP'REAS, Texas Utilities Electric Company and the City of Denton thereafter amended several of the provisions of Ordinance No. 87-186, by Ordinance No. 93-133, enacted by the Denton City Council on July 27,1993; and WHEREAS, Ordinance No. 87-186 and Ordinance No. 93433 would have expired on September 30, 1997, and Texas utilities D:Iectric Company and the City of Denton determined that the term of said Ordinance should be extended for an additional one (1) year period to permit the negotiation of a further Ordinance providing for a franchise agreement; and WHEREAS, the City of Denton and Texas Utilities Electric Company extended the term of Ordinance No. 87-186 and Ordinance No 93.133 to September 30, 1996, pursuant to the terms and conditions of Ordinance No. 97.277, enacted on September 9, 1997 by the Denton City Council; and WHEREAS, Ordinance No. 87-186, Ordinance No. 93-133, and Ordinance No. 97-277 would have expired on September 30, 1998, and Texas Utilities Electric Company and the City of Denton determined that the term of said Ordinajice should be extended for an additional six (6) month period to permit the negotiation of a further ordinance providing for a franchise agreement; and WHEREAS, the City of Denton and Texas Utilities Electric Company extended the term of Ordinance No. 87.186, Ordinance 93.133, and Ordinance No. 97.277 to March 31, 1999, pursuant to the terms and conditions of Ordinance No. 98.259, enacted on September 1, 1998 by the Denton City Council; and WHEREAS, Ordinance No. 87.186, Ordinance No. 93.133, Ordinance No. 97-277 and Ordinance No. 98-259 would have expired on March 31, 1999, and Texas Utilities Electric r 'r Company and the City of Denton determined that the term of said Ordinance should be extended 1060 08,990819 dran W I ranchisc 54 4 t t i I for an additional six (6) month period to permit the negotiation of a further ordinance providing for a franchise agreement; and WHEREAS, the City o! Denton and Texas Utilities Flectric Company extended the term of Ordinance No. 87.186, Ordinance 93-133, Ordinance No. 97.277, and Ordinance No. 98-259 to September 31, 1999, Pursuant to the terms and conditions of Ordinance No. 99.128, enacted on April 6, 1999, by the Denton City Council; and WHEREAS, the City of Denton has adopted Ordinance No. _ setting forth the terms and conditions governing the u:e and occupancy of Public Rights-or-Way by providers of electric utility Service, including the requirement that such providers obtain a franchise from the I City for such use and occupancy; and W11FiREAS, Ordinance No. applies to Texas Utilities Electric Company and its i provision of electric utility service in the City, and requires Texas Utilities Electric Company to obtain a franchise from the City; NOW, THEREFORE THE, COUNCIL OF THE CITY OF DENTON IIEREDY ORDAINS: SEC] ION C DEFINITIONS. As used in this ordinance, capitalized terms shall have the defined mcanings set forth in Ordinance No. and such definitions are hereby adopted as is set forth fully herein SECT ON 11: FRANCHISE GRANTED (a) There is hereby GRANTED to Texas Utilities Electric Company, a corporation, (hercinafler called "Grantee"). for the full term of ten (10) years from the effective date set forth in Scction XIV of this Ordinance, a Franchise to use and occupy the Public Rights-of-Way in rr, order to construct, erect, own, suspend, install, extend, renew, repair, maintain, operate, and conduct in the City of Denton, 'Texas, (hereinafter referred to as "City"), a plant or plants and poles, wires, pipeline;, cables, underground conduits, manholes, €iber optic cable for its own use, I [060 09 990819 draft W Franchise 55 s and all other facilities and equipment needed and necessary for the maintenance and operation of an Electric Utility System. (b) T his Franchise does not grant to cirantee the right, privilege, or authority to i engage in any other business within the City other than the provision of electric powe 1 energy delivery facilities, pertaining to traditional electric services, as set forth in this Franchise. Any additional services to be performed by Grantee in the City, other than traditional electric utility services, shall not be included within this Franchise, but instead, shall be the subject of a separate agreement or by an appropriate amendment to this Franchise. E (c) All of Grantee's activities and occupation of the Public Rights-of-Way in the City shall b: govemed by the provisions of Ordinance No. ' of the City, as such ordinance may be amended from time to time in the sole discretion of the City. SECTION III: ADMINISTRATION OF FRANCHISE BY CITY, (a) The City Manager is the principal City officer responsible for do administration I of this Franchisc, and shall generally oversee and review the operations of Grantee under this Franchise, (b) the City may delegate to the City M-Gager the exercise of any of the powers conferred upon the City by its Charter, under its Cc de of Ordinances, or by regulation or rule, or by tav,, rotating to the supervision and regulation of Grantee in the exercise of the rights and privileges herein conferred to Grantee. The City Manager shall have the authority to make and publish, alter written notice to those affected and alter a hearing, such rules apd regulations as are necessary to carry out the duties and powers conferred upon the City, acting by and through l , its City Manager by the Public Utility Regulatory Act, as amended, and otherwise. (c) It shall be the right and duty of the City Manager and the governing body of the i City at all times to keep fully informed as to all matters in connection with. or affecting the 1060 08990919 Bran Tu Franchise 56 it I II I construction, reconstruction, maintenance, operation, and repait of the properties of the Grantee, as well as its accounting methods and procedures in connection therewith, the conduct of the Grantee's business in the City, and the electric service being provided by Grantee in the City. SECTION IV: RECORDS. REPORTS. AND INSPECTIONS. (a) The Grantee shall use the system of accounts and the forms of books, aL%=nts, records, and memoranda prescribed by the Public Utility Commission of Texas ("PUCT"), or its successor agency charged with regulating electric utilities in the State of Texas; or as may be mutually agreed upon by the City and Grac;ee in writing; except that the City may reasonably require Grantee to keep certain additional records or accounts not inconsistent therewith. Should the PUCT or any successor to it, cease to exist, the City retains the right to require the Grantee to maintain a system of accounts and forms of books and accounts and memoranda v ich are prescribed either by the Federal Energy Regulatory Commission ("F'ERC") or the National Association of Regulatory Utility Commissions ("NARUC") or the successor of either of these organizations; or as mutually agreed upon in writing, by the City and Grantee. (b) Grantee will promFily advise the city of the n,iture, content, and purpose of tach financial and operating report that it makes to the Public Utility Commission of Texas, the Railroad Commission of Texas, the Federal Energy Regulatory Commission, and the Securities and Exchange Commission. Grantee, at Grantee's sole cost and expense, will promptly provide copies of all of such reports to the City Manager, in no event later than fifteen (15) days after the filing of each such report. Grantee shall additionally provide the City with a copy of any such special studies as the City Manager and the governing body of the City may reasonably require A , in the administration and enforcement of this Franchise. (c) Grantee shall keep the City fully informed as to all matters in connection with or affecting the construction, reconstruction, removal, maintenance, operation, or repair of 1060 08 990819 draft TU Franchise $ 7 i t' t V V Grantee's facilities; including, without limitation, all accounting methods and procedures used by Grantee in determining the franchise fee amounts to be paid the City. (d) Grantee shall furnish to City at the time each quarterly payment of franchise fee is made to City hereunder, a sufficiently detailed financial statement showing how the Gross Revenues amount was arrived at and how the amount paid to the City was determined, for such quarter. After January 1, 2002, the information provided to the City shall indicate the number of kilowatt hours of electricity delivered by the Grantee in the City. (e) Grantee shall provide the City, on an annual basis, a current chain-of-command organizational chart of Granter, showing all of its officers, managers and supervisors, together with their resp^ctive titles, nddresses and telephone numbers, who have the ultimate responsibility for managing Grantee's Electric Utility System in the City. (Q The City Manager, or his designee, shall have the right, at reasonable times, to inspect the plant, equipment, and other propeny of the Grantee, and its affiliates; and to examine, audit, and obtain copies of the papers, books, accounts, documents, and other business records of the Grantee and its affiliates, consistent with state law. (g) The City shall retain all of the investigative powers and other rights provided to the City by its Charter and by state law. SECTION V; f O,\JPENSATION TO BE PAID TQ TIIE CITY. (a) Grantee shall pay the City an annual Franchise Fee as set forth In Ordinance No. (b) No later than June 30, 2001, Grantee shall provide the City with Information to 4 , enable the City to determine the number of kilowatt hours of electricity delivered by Grantee in r f r 1998 to each of Gratuce's retail customers whose consuming facility's point of 'slivery Is located within the City's boundaries. 1060 09 990819 draft 7U PranchIse 58 S u a (c) the City shah compute the franchise fee to be effective on and after January 1, 2002 in accordance with Section 33.008, Public Utility Regulatory Act (Tex. Util. Code § 33.008), No later than October 1, 2001, the City shall notify Grantee of the amount of the franchise fee set forth in number of dollars per kilowatt hour, to be paid quarterly in accordance with the provisions,-fOrdinance No. : by Grantee, commencing with service rendered by Grantee on and after January 1, 2002. Grantee shall abide by such notice and shall commence paym.:nt of the fees on such basis, as determined by the City. SECTION VL FRANCHISE AND OTHER VIOLATIONS. Upon evidence being received by the governing body of the City that a vioiati•.:n of this Franchise Ordinance, or a City Charter provision, or an ordinance of the City IawfuEy regulating Grantee in the furnishing of sen ice hereunder is occurring, or has occurred, it shall at once cause an investigation to be made by the City Manager or his designee, if the governing body of the City finds that such a violation exists or has occurred, it shall take the appropriate steps to secura• Grantee's compliance. In the event that a violation has occurred and written notice has been provided to Grantee, and compliance has not been made by Grantee within ten (!0) days from and after the date written notice of such alleged violation is received by Grantee, then the governing body of the City may impose monetary penalties upon Grantee as set forth in Ordinance No. which are reasonably related to the seriousness or gravity of the violation, and the impact of the violation upon the City andlor the Grantee's electric service customers in the City. 5EC HON VII: ALTERNAM DISPUTE RESOLUTION. The Grantee and the City agree that, if a dispute arises. they will use their best efforts to resolve any disputes regarding this Franchise through the use of mediation or other forms of alternate dispute resolution which are set forth in Chapter 154 of the Texas Civil Practice and Remedies Code (V.A.T.C.S.). This 1060 08 "0819 drall TU Franchise 59 t t V 1 sectior shall not be applicable to Grantee's obligation to make prompt payment of the franchise I fees as provided herein. SECTION VIII:_ NOTICES. (a) All notices, including communications and statements that are required or permitted under the terms of this Franchise, shall be in writing. Service of a notice shall be accomplished by hand-delivery, by registered or certified mail, return receipt requested (postage prepaid), or by reputable overnight delivery service. All notices shall be effective upon the receipt of notice by the intended recipient. (b) All notices shall be sent to the City and Grantee at the following addresses: CITY OF DENTON, TEXAS TEXAS UTILITIES ELECTRIC COMPANY City Mandgcr Texas Utilities Electric Company City of Denton, Texas c/o- 213 E. McKinney Denton. Texas 76201 (c) The City and Grantee, from time to time, may designate a new address arAtor another designated officer for purposes of providing notice hereunder, by written notice to the other party given as provided herein. SFC' l)V, IX: CONFORMITY TO TIM CONSTITUTION. STAIUTES. CHARTER AND CITY CODE, OF ORDINAN(',M This Franchise is granted subject to all applicable provisions of the Constitution and laws of tl a State of Texas, the Charter of the City of Denton, Texas, and the Denton Code of Ordinances, together with any and all rules Emd regulations adopted thereunder. phis Franchise shall in no way aft°ct, abridge, or impair the rights, r` oblijations, or remedies of the parties provided for by the Public Utility Regulatory Act of Texas, as amended. 1060'.08.990819 draft IU Franchise 60 t 1 I 1 * it SECTION k GOVERNING LAW AND VENUE. (a) This Franchise shall be governed by and construed in accordance with the laws of the State of Texas and the City Charter of the City of Denton, Texas. (b) Venue respecting any dispute arising hereunder shall exclusively lie in Denton County, Texas. (c) For purposes of construction, this Franchise shall be construed as having been negotiated at arm's length and drafted by the combined efforts of the City and Grantee and their respective legal counsel F5 CT1ON Xi: INDEMNIFICATION, Grantee shall defend, indemnify and save whole and harmless the City and all of its officers, officials, agents, employees and attorneys, against any and all claims, lawsuits, judgments, costs and expenses for personal injury (including death), property damage or other harm for which recovery of damages is sought, suffered by any person or persons that may be occas,-led ►v, or arise out or. Grantee's breach of any of the terms or J 1 provisions of this Franchise or o; irdinance No. or by any negligent or strictly liable act, or omission by Grantee, its officers, agents, employees, subcontractors, affiliates and subsidiaries, in the construction, maintenance, operation, or repair of Grantee's Flectric Utility System, or by the conduct of Grantee's business in the City, pursuant to this Ordinance; except that the indemnity provided for in this paragraph shall not apply to any liability resulting from the sole negligence or fault of the City, its officers, officials, agents, employees, or separate contractors. In the event ofjoint and concurrent negligence or fault of both of the Grantee and the City, responsibility and indemnity, if any, shall be apportioned comparatively in accordance r, 4 wish the la%%s of the State of Texas without, however, waiving any governmental immunity ~f defense or provision available to the City under applicable Texas law, and without waiving any of the defenses of the parties under applicable Texas law. It is understood that it is not the 1060 ' 08 990519 draft TU Franch is0 61 I intention of the parties hereto to create liability for the benefit of any third parties, but that this Franchise shall be solely for the benefit of the City and Grantee, and shall not create or grant any rights, cuntractual or otherwise, to any other person or entity. SECTION XII• NONEXCLUSIVE FRANCHISE The Franchise granted by this Ordinance is not exclusive. Nothing contained herein shall be construed so as to prevent the City from granting other like or similrr rights, privileges, and franchises to any other person, firm. corporation, or public utility. SECTION XIII: RI?PFAL. I hat Ordinance No. 87-186, as amended by Ordinance No. 93.133, as further amended by Ordinance No. 97.277, as further amended by Ordinance No. 98- 259, and ae further amended by Ordinance No. 99.128, be and the same is hereby specifically repealed, as of the effective date as provided in Section XIV below. All other ordinances, rules, regulations, and agreements which in any manner relate to the regulation of, or provision for electric utility services by Provider, shall remain in full force and effect until and unless duly modified pursuant to applicable law. SECHON XIV: EFFECTIVE DATE: AC'CEP'TANCE. This ordinance shall take ell'cctive immediately from and after its passage, publication, acceptance by Grantee in accordance with the provisions of the Chart:r of the City of Denton, Texas, and after Grantee deposits its Security Fund with the City Finance Director, as required by Ordinance No, and it is accordingly SO ORDAINED. The Franchise granted herein shall continue for a term of ten (10) years from the effective date. M-IQN XV: OPEN MEETING. It is hereby officially found and determined that the meetings at which this ordinance was passed were open to the public as required bylaw, and that < public notice of the time, place and purpose of said meetings was given as required by law. IOGo 08.990819 wrati f U Franchise 62 i I i i JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARI j i I BY;_ j i i i I APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ICY: I 1060'08,990819 drag TU franchise 63 L i The City of Denton, Texas, acting herein by its duly constituted authorities, hereby declares the foregoing Ordinance passed on first reading on the day of 1999; and passed on second reading on the _ day of 1999; and passed on third reading on the day of 1999; and being finally effective as v. the _ day of 1949. Jack Miller, Mayor Mark Burroughs, Council Member Reni Beasley, Council Member Mike Cochran, Council Member Neil Durrance, Council Member Sandy Krimoferson. Council Member ~ I Carl O. Young, Sr., Council Member I The above and foregoing ordinance read, adopted on first reading and passed to second reading by the following votes, this the day of 1999, at a egular session of the City Council. i Jack Stiller, Mayor, voting Mark 1lurror ,hs, Council Member, voting Roni Beasley, Cou ciI Member, voting Mike Cochran, Council Member, voting Neil Durratkce, Council Member voting Sandy Kristoferson, Council Member, voting Carl 0. Young. Sr., Council Member, voting I The above and foregoing ordinance read, adopted on second reading and passed to third reading by the following voles, this the, day of 1999, at a regular session of the City Council, Al Jack Aiillcr, Mayor, voting _ Mark Burroughs, Council %,Icmbcr, voting _ 1060,08 990819 draft TU Franchise 64 L Roni Beasley, Council Member, voting _ Mike Cochran, Council Member, voting V~. . Neil Durrance, Council Member, voting Sandy KTistoferson, Council Member, voting Carl Cl. Young, Sr„ Council Member, voting 1,+c above and foregoing ordinance read, adopted on third rending and passed by the following vota, this the day of 1999, at a regular session of the Cite Council, Jack Miller, Mayor, voting Mark Burroughs, Council Member, voting Roni Beasley, Council Member, voting Mike Cochran, Council Member, voting _ Neil Durrance, Council Member, voting Sandy Kristoferson, Council Member, voting Carl O. Young. Sr., Council Member, voting i STATE OF Tf:NAS § COUNTY OF DEN'1'ON 1, Jennifer Walters. City Secretary of the City of Denton, Texas, do b;reby certify that the above and foregoing is a true and correct copy of the Franchise Agreement Ordinance between j the City of Denton and Texas Utilities Electric Company, The same is now recorded as Ordinance Numhcr ` in the Ordinance Records of the City of Denton, Texas. `A']1NFSS MY HAND this the day of 1999, Of Jennifer Walters, City Secretary (SEAL) 1060 08 990819 dran TU Eranchise 65 c U ACCEPTANCE WHEREAS, the City Council of the City of Denton, Texas, did on the _ day of 1?99, enact an Ordinance entitled: a AN ORDINANCE GRAI.FINO TO TEXAS UTILITIES ELECTRIC COMPANY A FRANCHISE FOR THE PURFOSV OF CONSTRUCTING, MAINTAINING, AND USING AN ELECTRIC UTILITY SYSTEM IN THE CITY OF DENTON; REGULATING THE CONSTRUCTION WORK DONE BY THE GRANTEE IN THE 0 i Y; PRESCRIBING THE DUTIES, RESPONSIBILITIES, AND RULF-MAKING AUTHORITY OF THE CITY MANAGER AND THE CITY WITH RESPECT TO ADMINISTRATION OF THIS FRANCHISE; PROVIDING FOR ENFORCEMENT OF THE FRANCHISE; PRESCRIBING THE COMPENSATION TO BE PAID THE CITY BY THE GRANTEE FOR TIIE F'RANCI IISE PRiVII.EOF.; SETTING FORTH THE TERM OF THE FRANCHISE AND THE RIGHT OF THE CITY TO UNILATERALLY TERMINATE THE FRANCHISE IN CERTAIN CIRCUMSTANCES; PROVIDING FOR A SEVERAPILITY PROVISION; REPEALING ORDINANCE NO. 87.186, AS AMENDED; PROVIDING FOR ACCEPTANCE OF THE FRANCHISE BY GRANTEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, said Ordinance was on the _ day of 1999, duly approved and subscribed by the Mayor of said City, and the seal of said City was thereto affixed and attested to by the Cite Secretary; NOW, THER'YORF„ Texas Utilities Electric Company hereby in all respects ACCEPTS, APPROVES AND AGREES TO said Ordinance, and the same shall constitute and , be a binding contractual obligation of'rexas Utilities Electric Company and of the City, without waiver of any other remedy by Texas Utilities Electric Company or the City, and Texas Utilities Electric Company does hereby file this, its written acceptance, with the City Secretary of the City of Denton, Texas, in her office. DATED this the day o£_ '1999. TEXAS UTILITIES ELECTRIC COMPANY i By' - - ATTEST; 1060 08 990819 draft 7 U Franch1w 66 1 , O R ACCEPTANCE FILED in the Office of the City Secretary of the City of Denton, Texas, this the _day of '1999. Jennifer Walters, City Secretary r r i ' a 1060 Of MA19 dmA TV rrambix 67 t u ICI Comments on the Denton Comprehensive Plan Mike Cochran 9/12/1999 General Comments In the 1972 Compreh%nsive Plan a copy editor was employed to tighten up the language before It went to press. I would suggest that we do this again for this plan to ensure that is as medable as possible. This is not an academic paper. It is intended for the cidzens of Denton, most of whom have no training in Planning and lack the professional vocabulary to make this an easy document to read. Editing for readability would limit some of the Jargon that is used and increase public confidence in the document. 1 also question whether there Is room in that document for "persuasive argumene' to defend concepts that some of the public is not comfortable with. 71ne time for persuasion was at the community meetings, but this document should be striped down to the essential language necessary to get the point across. Where jargon is unavoidable It should be defined several ways. One, through an extensive glossary, and then In each chapter in which it is used. Not everyone will read the who[,: document straight through and most will likely hop from chapter to chapter. The fast reference in each chapter to SOVs, for Instance should have sime explanatory notes in the text. L Statement of Purpose p.4) 7hir see don might include some language to better dr#ne the function of the document and its relationship to the toning ordinance. p. 14) C. Growth Manyement Stratep Density levels should rgUct goals outlined In the Growth Management Strategy. p. 16) e. "Within the urban and urbanizing areas, higher density re sidential patterns wetdd be allewed is care occur, If strict quality stortdasds an observed. p. III) Districts Include a reference to the Small Area Planning Districts. P.20) Goals and Strategics Separate the Downtown and Unlverrhy Core area This Is f eing used in the planning stage with out any community "buy-Lt i t A. Residential Lund Use Where is there a dewhy of 50 units per acre? If there is only one of these, then E perhaps best to omit rference to this high a level of density. p.21) Housing Target Demides by Area Chart combines single Fondly and Attached residencies. Attached should be omitted. Chart combines University and Downtown Core areas, They art two separate categories. !strongly disagree with the use of "gross dtasky" to dejlne the zoning category. Providing the actual size of the lot allows for comparison to existing lots and there are too many variables when determining the number of units per acres. If, for instance street sizes change then the number of units per will vary, if bad land Is donated ai floodway, then the number of units per usable acre will vary greatly. p.22) d. Other Residential Second.er.unce hard to understand "Uses occur vertically within...;' p.23) b. Meet Projected Demand "Over the period from 1998 to 2020, if growth projections are correct, nearly 50,000 addidonal housing units tree could be needed to meet the projected demand ofewd by AntioiFewd MOW (egged." Take the certainty out of !his dire prediction and qualify it. c. Local. 4 Location, Location Omit numerical goals In the first two sentences of this secdoR No need to quantj fy It this rpec(fically. Leave In the last sentence here starting, "Revise the development regulations.... etc." p.24 h mm 0; ~ panel 60 ows*hp, 044M eee paroeiW meow, No transfer of development rights. d. Density Where It Make Sense A. Gook t Denton bees 1,340 High densides should be concentrated where infrastructure can suppoa and near jobs, schools, shopping aced cultural centers. Increase the number of boustng units and I j achieve higher housing densities in the downtown university core and urban centers. Enable the creation of moderate housing densities within neighborhood centers in a mixed use setting." Density figures here are based on total". It would have been more accurate to have used the developed land jor comparison. 2) Strategies e) "Prohibit residential development in the 100-year tloodplain, but Wlew damity eeieuletiees- p,25) comparisons? Why Is this necessary? B. Land Use Classifications • L, b.& c. "vertically integrated trees" This is jargon and 1 am not sure if it is being used comxdy. p. 26) d. Define Downtown University Core District into the several categories. p. 27) Check the punctuation here. p. 28) Chick tense agreement between item b. & a dd Item d misspelling "anb" C. hWustrW Load Uses Me role of industry in Naton is reladvely new. Two historic iadtwaies date back to before the tart! of the century Ae pro World Wim 144pc Morriwn!a Muting, a processor and manufacturer of food products located near downtown Denton, and Acme Brick, a manufacturer of building products located south of 1•33E, east of Fort Worth Drive. Denton's economy has been more dependent upon government, education and reob activities for its base," p, 24) 2W paragraph • "A recently completed land use inventory indicates that then are approximately 1,213 acres of developed industrial land use, less than 24% of the I t c, industrially zoned land within the city. The developed industrial land represents 16 acres per thousand population. 3rd paragraph - ' imelseap+ng wAee i This sentence is unnecessary. P.30dt 31 2.d. Light Industrial Uaea "Light Industrial rues could be described U those engaged in the manufacture, predominantly from previously prepared materials, of futished products or parts, including processing, fabrication, assembly, treatment. packaging, incidental storage, sales, and distribution of such products. Further, light industrial would include uses such as the manufacture of electronic instruments, preparation of food products, pharmaceutical manufacturing, research and scientific laboratories, and similar uses. Light industrial would not include rues such as mining and extracting industries, petrochemical Industries, rubber refuting, primary metal and related industries. Light in industrial ~au designated on " Lemd U" dustrial uses would be allowed In , and impleymemsenope-as i p. 31) J 3. Industrial Centers l Why Is thin titled Industrial when there are four Employment Centers Included? U. Western Industrial Center I suggest we include mentioa of the Airport as the eentrallbeur of this district ,,.32) D. Civic Laced Uses There Is a romparison that shows the percentage of the developed land in Denton that Is civic land Thin is misleading and should also show total land Many of the oats of civic land are in the undeveloped ann. The percentage of the total It 23.3%. r P. 33) 2, Impact on Tax Base / t Mention udilly profJb at being an important benefit of the Universities. i I t I I L I I p.41) A. Jobs sir Housing Growth Imbalance In recent years, the growth of employment has dramatically outpaced the j growth of population in the City of Denton. This has been a major factor in increasing apartment rents and housing prices. There have been more new jobs than new housing units. We 0 in DOR NOR, This imbalance between the location of jobs and housing forces many into long commutes and results in increased traffic congestion on the City's roads." J nis li really a questionable statement, COG figurer Indicate that an equal nwnber of people commute Into Denton as commute out of tow.a I p.42.) B. Forecast of Increase in Population "Population of 213,000 is projected to live in the 250 square mile Denton Planning Area by the year 2020: an additional 127,600 people. About 90%, or 192,000, are expected to live within the City of Denton, an increase of 119,000 over the estimated 1998 population of about 73,000. Household siae, is this a heading or a sentence? "Because of the Universities, Qeatsn'i "swim ill Ve?Y VVW"lemerap" The average household size in Denton in 1990 was 2.3 persons per household, compared to 2.7 per household for Denton County and the Metroplex. Generally, household sim are becoming smallerover time. la Denton in 1960, the average household size was 3.0 persons," E. Horsing Issues- Reorder there items "Housing and residential land use issues include the following: 6. Pprawl and ineffcleat provision of urban services; 1. Neighborhood protection; 7. Manufactured housing siting; 3. Walkable neighborhoods sad convenient neighborhood services; 2, Horsing density; 4. Housing affordability; and, t 5. Housing accessibility. i ' k { U 4 p.43) 1. Housing Policies " M -1a "All "Is who weFk In Denieft slmlil 1- Al nil is impossible and unrealistic to achieve. Jr Ignores that we are parr of a regional economy. 1. Neighborhood Policies 2. "Land use policies that encourage a mix of uses shevid bo-Ifivestigswd 1e could? offer a range of benefits to residents and the entire city. Standards should be developed to ensure well-designed mlxed-use projects for undeveloped property, including the mitigation of any potential adverse impacts of existing neighborhoods." This section needs some re-wording. p.44) M. Existing Situation "Denton's single-family homes come in many styles, sizes and ages. In the much-admired, historic oore of the community, older stew bungalows and clapboard sided mansions exist side-by-side." "The trend in newer residential development has been toward subdivisions and neighborhoods that have similar characteristics. hatisins 8604 go-apand to *A divem homing bw& in the oily PASP is MO, As YON " Denton has had a Toning Ordinance since long before 1969. Me rest of dtls sentence it wmcessary. p.45) 2. Det»snd Me best indicators of housing demand am local and regional job creation and economic activity." "..,.since 1990, the supply of housing bas been dmmsdcally outpaced by the demand for housing." Me data offered do not support shit assertion i(you eonslder that Denton is a part oja regional economy. Not everyone that works here wants to live here. Not everyone that shops at Walmart it looUng for an ap amend i Chart: Population is misspelled in raw 3. p. 46 1. Vousing Tenure This section fails to mention that the reason Denton has one of the "lowest percentage(s) of owner occupied housing within the DFW metroplee- is because it is a University town. This cannot be unden clued as a maJor factor in the economic and housing profiles of the community, p.47) 1. Household Characteristics this section also misscs the importance of the universities as a factor and relies on hard census data tuo much. 2. Household Income but the percentage of families living in poverty in Denton has little to do with 4 the universide.t " gt.esrion this statement and would welcome some data to back it up. r.48) 1. Publicly Asdeted and Special Needs Houdag It it wise to put numbers of units in the descriptions of these entities when they are always changing. h seems that it might make the document "age" more quickly. p.49) IV. Issues A. The Role of Manufactured Housing 'The rote of manufactured housing in the community most be resolved. For some time city leaders have struggled with this isa skSla kmily #entes' Curreat zoning is Denton allows manufactured housing In parks on less land per unit thaw traditional single-family housing with as approved Specific Use permit wit?" the Agricultural, Commercial, Light Industrial and Muld-Family Two zoning districts. Manufactured housing offers to low and moderate income households an eptiea alternative to rental apartment living. Available. "The most reandy approved manufactured housing in Denton was developed more than twelve years ago r l'--fieswed hewing Seday Is not W66 4 0.00 lost twelve ymn age,-Manufactured housing is available that mats the Uniform Building Code, and J i has such traditional design features as two-story construction, wood siding or stucco- ready, high pitched roofs, and up-graded windows and doors. "As the cost of traditional housing Increases, the income of a larger segment of the population loses purchasing power, and the market for housing changes due to changing household characteristics, manufactured housing can play an important role in meeting the demands for housing for a broad segment of the population. If-wAffufaelam4 wi+> 4*4; , III. Downtown University Core Housing 'Ile historic downtown area of Denton offers many unique opportunities to play a role in housing a growing segment of the community; small, non family households that are interested In living near where they work, play or go to school. The area generally bounded by Carroll Boulevard, Eagle Drive, Bell Avenue and Congress Street has several stable and affordable singk•fantily neighborhoods that need to be preserved. Uak-Of9ify of NOM TaA4*:Feqi. t4enteAainrnent veauee P.50) "Collectively, the University of North Texas and Texas Woman's University had a 1998 enroIIment of about 34,000 students. It is estimated that less than half the enrolled students live in the city. (confuting) area" ` a' ]be pressure on parking In and around the campuses would be greatly reduce(dW "University students live in unique households with uniqu, transportation demands. The demographics of university oriented households tend to be either small households or larger households made up of several unrelated individuals. Tfampemation damods steeled by these househaW tend to be muloi inedW with PeaW node on so vpue, (Jargon) As a result, many of these households could be l aocommrdsted with relatively high density in close proximiry to the two campuses. The area along the 1-358 corridor between DoAea breve Carroll Blvd, and Avenue D, and northward to Ask and Waiwnisy, Mulberry I t is an [dea] location for university-oeented, high-density housing." This section was Inkwssible to understand C. Variety of Housing In the New Neighborhoods "One of the adopted policies related to housing is to encourage a variety of housing types, styles, sizes and }rites within the same neighborhood. Neighborhood stability could be enhanced by allowing households to stay within the same neighborhood as households and housing needs change. A newly-wed couple does not need the same size house as a two-parent, two-child family, or an empty-nester household or a widowed grandparent. The current zoning ordinance and prevailing development patterns reyuim drat often cause families move from one neighborhood to another as their housing needs change a Be hgj npM all I-- ---now E*a+Aehildna bass u*4w44*os-ing 'Traditional neighborhood mixed-use development isefieaeeyuimd!aass** encourages a mitt a z variety of housing hypes wi&dn-ay a new development. Types of housing that may be considered in traditional neighborhood or mixed-use neighborhood development include, 11 Standard lot single-family detached dwellings; • Small lot single-family detached dwellings: • Accessory dwelling units; • Two-family dwellings; • Single-family attached dwellings; Mixed-use dwelling units; Small mold-family dwellings; and, a-hlaaYfiahrt~ed`beueieg. D. AtWttabk Housing Demise and wais! * 6o In Demw Attainable housing is housing that is available, accessible and affordable. 1. Availability 'The demand for housing in Denton is currently very hlghieiae~s lekaeu r' .t ' r 1 ('1)he strong local, regional, state and national economies have resulted In a tag in the local supply of traditional single-family housing relative to eamand. 2, Accessibility "Housing in Denton is raejeoly of A-0 , ften isolated from jobs, shopping, schools and other places that people need to visit on a daily basis. Housing' lead woo. p.52) FV. -Density Renuses 1 The sentiment against this has been pretty high at the neighborhood meetings I { ha; a attended. Where did this come from? p.33) Manufactured Hoang A. Issues „ 4ie s . In a time when state and federal housing assistance for the 50 - 60 percent of Denton households who find themselves priced out ! of the housing market, manufactured housing can provide an acceptable form of owner- occupant housing and a viable alternative to more costly site-built housing. To assure acceptance, many communities institute site and "&a standards for all housing, manufactured as well as site-built 8. Crowing Trend In Housing "Since 1476, the U.S. Department of Housing and Urbart Development (HUD) has regulated manufactured homes under the Manufactured Home Construction and Witty Standards (HUD Code), In 1480, the term "mobile home" was changed to tnufactured home" in recognition of the more durable and less mobile nature of these face ary-built homes. Once sited, manufactured homes rarely move. Nationwide and In Texas, about one-third of all homes built In 1997 were manufactured, factory-built homes. e I! Some communities have revised their zoning and subdivision standard that govern I c u manufactured homes and now permit such homes by right dtreuabeyt in their communities. , itapeAWHae~riisda F 0 d-ij +fer m6w fi Fla e ti"g *eighbe►l+ee4- Manufactured housing, if not properly placed, sited and designed, can conflict with established neighborhood development patternsThs4&se" t esquire stare -my Qefnffiofii~~ In Denton, any manufactured home placed In the city currently requires a Specific Use Permit and is allowed only in the Agricultural, Commercial, Muld-Family Two, and Light Industrial zoning districts. A. Encourage Affordable Housing 1, Goad , Onseurdle the do live, Owes has bm.h 6 ..1- L_ Ohio rate OF Population tPOWI& HOWWR mot b- W4044960dablo-f" ie_eiEft 2. Strategies Not a realistic goal nor bared on sound economk princ(Ner. , Marker forcer should detemdne 04, 3, "Sixty percent of new housing should be owner-occupied. p.S1) Secdon S L Policies C. "Development incentives r +seistarace, low r should be considered to encourage industries and businesses to expand of relocate within the City. A cost/benet3t analysis should be (1 performed to define and measure short-and long-term benefits prior to granting :ncentives. Incentives should be considered only when proposed development is t i i I consistent with community plans, projects involving retention or expansion of existing businesses should be given the highest priority. The overwhelming response to this a! public meetings was negative. D. "Development incentives may vary by size and type of establishment, and initial and potendal capacity as a generator of employment and other economic gains. Priority may be given to basic industries that are generaily clean and that will make a significant contribution to Denton's employment or the City's tax base. Ais is not a point that should be quab'fted with "genemlly we want clean industries. P.62) Section 6. Tt ansportation "As the binding force of the City. Denton provides and maintains transportation, water, wastewater, solid waste, stormwater drainage and electrical infrastructure system services. This section details the policies and the direction in which these vitally important services will grow throgh 2020. Franchise services such as, gas, telephone, and cable television will be addressed within the "Street" section of this document. An 44*16 " approach that coordinates a variety of transportation altematives, such as transit, bicycle, and pedestrian systems has been shown to result in economic, functional, and aesthetic benefits. Denton must handle interstate and regional traffic with innovative solutions that meet or exceed local asade v&4 appfepf6la was of IM it! muld model 03914001 p•64) IL Coals and St Ikon 71ure IS too MWh jargon In rids secrrott. 'To stow the trend of increasing SOV (Sirtgle Ooeapant V&kk) use, the City must provide alternatives and trust change the way people think about and act upon travel choices. Transportation Wtematives to the SOV sbonld respond to people's needs for mobility, privacy, comfort, safety, and convenieeoe, The City recognizes that transportation needs and travel choices will cbange over time as alternatives to SOV travel become more viable. 2. Stra ft s V. "Evaluate, Mewing mods shoWS-eli thesuccess.,." t t~ c p•6 E. Level of Servke I Strategks The Transportation Modeling section it very difficult for the average person to understand Too many fo tr and acronyms are used to make understanding easy for the citizen. Is the abbreviation,, or Traffic Simuiation Programs really 71ron-SIMS7 p.72 !argon: too many references to "multi-modal". p. 73 Check spelling on "Subarea 1" p.81 Stormwater Drainage `The stormwater drainage system is responsible for conveying all runoff in the City of Denton from each storm event through a network of soreet inlets, underground pipes, culverts, improved channels and natural channels. The runoff is eventually channeled into Lake Lewisville. The drainage system uses a 100-year flood as the design storm. In the 1950s, Denton experienced a flood close to this magnitude. Qm+&V So4w9- 0" of ohs Iowa 999ded. Need some factual basis for this statement 41h paragraph: We needed in "in tad" P-83 Goals and Strategies S. "Adopt an aggressive Capital Improvements Program to fund the upgrades. i3esares fanding for the Drainage Department is generated from transfers from the Wrier and Wastewater Departmeats, no *I fi v & Yawl. % ill be sees" so Me - Am t! 1-w-liffimeff- We- I am not sure of the advisability ofpuning this here. YU kgal status of creating Ali as a new utility is still to be determined i j~ i U N P.95) Section 13: EnvfronmenW WnWment 7hls section seems to imply that the "environment" is solely a natural resources. We need to strengthen out commitment to the built environment and protecting the health and sgfery of our citizens. Paragraph 3: "Because environmental protection encompasses a host of issues (water quality, air quality, soil erosion, habitat preso.rvation, public health, conservation, compatible development, wetlands protection, retention and enhancement of urban forests, lloodplain protection, open space designations, etc.). "management" of these issues Is extraordinarily challenging. To successfully address all of these issues, a holistic approach, fntemk% must be utilized. This seems to qual6 the statements unnecessarily. P-96) "Environmental mitigation will be considered.....:' Explain "Development policies will establish the equitable distrii ution and use of natural resources. Explain p. 98 B. Air "Denton will continually improve its air quality as the City grows, through comprehensive programs, policies and implementadom 8aertg Effeedwe (s)trategies will be applied to address the following issues: motor vehicle emissions, commercial and industrial pollution, wood smoke emissions, stmt duA Indoor air quality and visibility. 71he City shall endeavor to ft" the amount of AmAk partkulate erniadons, odoivas, motdovw, and We Mt. nlc seal Into the air. ~,c. Section 14: Urban Design p.104 A. Urban Shveture 2. Strategics t "Tbe practice of zordeg (the geographic separation of diPfereat tees) has been widely criticized on environmental, social and economic grounds. Criticisms have r included: less mobile people have become Isolated; ca-usage at current levels is unsustainable and the demand fa Journeys needs to be reduced; *wn4ememw" Weems depopulated and neasequeAdy 1 eeewro atroghtr One of the City's largest sustainabWty Issues is sprawl and i oq wes y traffic, which can be attributed to poor urban design. In addition, development on the fringes of the City require(s) extension of services. While the cost of the land may be more attractive for the developer, development in these locations increases instailation and maintenance costs of the public infrastructure to the taxpayer. (Town center problems not an issue in Denton) p.105) "S eeeeeeTM the bet>efits of rtsi~tc4~r RIM SUS mw s4wity anddivss"'Ay- Feduoing the need it) irmel. This paragraph makes too many assumptions and the conclusions art still being debated in this community. 'vne Introduction of residential uses into town centers In partieuka to encouraged, as it places people neater to concentrations of facilities, improving activity and surveillance in the evenings, reducing the need for vehicular Journeys, and increasing the market enea population for local shops and facilities. Living over the shop 14"a&,m Is an I example of how to increase the diversity of uses in town centers by making more efficient use of existing properties Allowing vartioal shasilas in we koiliame 'The accessibility of facilities is a key issue in considering land use tends. M ideal urban structure would bed ierssewaida m greater allow a mixture of u3cs in any district of the City, This has advantages for accessibility, reducing }ewm) tra[t9G enhancing vitality, safety and security, and community Identity or distinctiveness. This WIN be OfflPh6slaw W dwile -.11---- (of IBM and dayelepinam 4 seaeraiytif 0" sites lntew@ Donlon II d eveiopments, Obscure meaning The development of significant sites, including key employment center sites, will might Include mixed-else salient plat where rained use, urban village and transit oriented developments will be encouraged. This ties directly into specific aspects of the Growth Management Strategy and the Land ' Use Plan. I V A p.114) VL Architech" Design Is thir called Post Modernism? The choice of Ae condescending tone of the text, jurtoposed with the picture of the longhorn Gallery is url(ortunate. het buil&v& :Fh6 mom ~ Personal opinion and subject to some discussion At least translate the book title to Towards a New Architecture Into English p.116 2" paragraph How will the city encourage architectural compeddona on land that we do not own 7 P. 117) 2. Strategies 5° paragraph "Context in has nothing to do with...,.," Punctuation? P. 118) VIL Development In Sensitive Locations 2'' p&Ml* "i mdiee Imitations of historical styles should be avulded In em6samenlaNy sensitive locadohs. Picture label should read; "Mary Eyetyn Slagg Hwy library at TWU" • i' l I P. 1 19 2. Stmtegiea ,!"a!Fiieter+s ' is~t+al serareraN eI It is Important that new additions In Historic Districts and Corwrvadon Areas that new additions should be of an appropriate quality. "Development proposals for sites in envirenreenwAy culptrally sensitive locations will be carefully considered against the historical %nd urban design context of the area Inappropriate or irteensitive development will be related dlsmuraged In environmentally sensitive locations, If conservation is perceived as a barrier to creativity, then the concept has been misinterpreted. It is especially important that creative and prineigled design be used In environmentally sensitive locations. The 'safe' design solution is rarely the best. The most interesting historic buildings were often the most challenging in their day. 'The use of modem materials, traditional materials, or a combination of both can all be acceptable. However, authenticity Is especially important in historic areas and mate rials that prete nd to be traditional such as *PVC mock sash windows or applied half timbering would not be appropriate... 'Recent buildings of architectural or historic Interest, especially post-war buildings, are perhaps most at risk from destruction or unsympathetic alteration. WWit yi"@wdityboildista ungtews" The development control process will be used, as far as possible, to protect recent buildings of wchitectural or historic Interest. "Ibe preservation of esisting str odures will be encot rat! In conservation areas; there will be a evens PFOO"Fdon In foyer kawres t1w Haab" vig"m In'som of do mw Buildings and features that make little or no contribution may be allowed to be demolished when the replacement development would mise the quality of the urban environment, ham p.123) ".....However, then are a number of threats to the local heritage, • Poor Condition of neighborhood Fabric Inappropriate Design > Trafflc s Repairs and A]tetadons • rode requirements that dlacourar regle i j c v p,128) C. Neighborhood Districts and Mined Use Design "In order to meet the Urban Design Strategies and the Intent of the Orowth Management Strategy and plan, some new options are avallabl etoa ugrnent a-new~et the City's current development saaesed. To create anew model for Denton's environment, the following guidarnce will move the City in the direction needed to achieve the goals and strategies within the urban design section. "In general, the principles apply to villages and the city equallyb apply le deyeWp sent, in a variety of densities. The pattern of development has been called variously the urban village, new urbanism, neo-tt'adidonal planning, traditional f neighborhood development, and transit-oriented development. The Principles Stem from towns and city development prior to World War U and are evlelent Is some of site older areas of Denton, The 1099 A in! pr~-@;Plea of -seem" to demlerr in & YAM V91 1 1 is- -211 L- I r.- 1-1 -111 (ems wid -.y, Comm waily m4 As Amstism Rd Vwk spilabi d9641 Show tea a copy of the book before we are asked to embrace it so heardfy. p.130) 3. Deflyddon of Public Spas "Buildings are dissipli"d sited carefully on their lots 9*4t&rea can define public spaces sueoessfully. In other words, "build-to tines" are utilized which determine j how close buildings will stand to the street std promoteS regular all MML The Street is an Important form of public space, and the buildings that define. It are expected to horror and embellish It p.131.) 8. AmItIfectun Orson ' Jerusftdon ' and replace. p.135) Section IS: Historic Preservation M JVattond 7Ywt for Histork Preservaaton and Denton County Courthouse. oa•the•Squaru•Mureuns p.136 C, Historic Sites 1 2,c. Include plan review by the Histode Land)wrk Commbslon. i p.138) Section 16: 'ILe Street !argon: "prescriptive standards" "Mull-Mold Transportation Modes" p.139 1. Street Development B. Neighborhood Streets mul MAYA "Addidonaliy, cul-de-mcs am discouraged." Define "build-to llnes" p.140) Residential Alleys "New neighborboods and districts with lots less than 10.000 squaro feet wA can use public alleys.... ' 2. Residential Laos '.Ibis stroet Is deaiped to Whir prortde basic access needs Ibis sheet secdon or the Residendal Strout may be used at the discredon of the designer. DOw "Irgress"and "egress"better. p.142) 4. Neighborhood Sidewalks, Landscaping and...... Sidewalk section J', Is !till necessary in neighborhoode? k v I I p. 14) b. 2. Red ntW Avenue Why allow parking and not allow tingle family frontage along the street? Who will park there? p. 148 Define or explalnr "Reduced travel lane strlpping or mincing" p.153) Section M The Fid=e !argon, TCN" ete. p. 154) U. SpeciAe Polkia We need to emphasize the importance of "buffering " ar a means of resolving toning conficu between different uses. p. 161.) Section 20. Pu01k Involvement We nod to emphasite the fmportance of the SmallArea Plan as a meaw of a neighborhood being able to have a say in nearby development, There should be public meetings to eaplalt Ae Impact on speeLdc neighborhoods of moor drainage and thoroughfare projeep. Define "Chotvpe:" i 6 lr I r HEL 14 HANDOUT TO COUNC I General Comments on the Denton Plan Mike Cochran - 9113199 i New Urbanism is an important new movement in urban planning. It is an attempt to take stock of what has "gone wrong" with the form of cities since World War 13 and address those problems by adapting traditional elements of American communities. lle Oak-Hickory Historical District it one of several areas in Denton which exhibit this style of community form. It is very easy to see the problems that "sprawl" has created in other communities, but we are blessed here in Denton to be in a stage of evolution that might be called the "Pre-Lewisville" period We know it's going to pet bad, but so far the inconveniences are relatively minor. Many of the concepts in the Denton Plan represent an honest attempt to anti cipate the difficulties that more "built-oit" communities have faced and offer some solutions before the problems arrive. 'Rule is a difficult sell for many citizens who are comfortable with the traditional suburban form. Some of the concepts included U this document have the appearance of being an attempt to foist off an entirely new form of community by rigid decrees and commands. lUm is a fear that this new form of neighborhood will usher In developments with lower standards, which will affect the values of already established homes. I believe that we should allow for a wide variety of housing and development styles In Denton. Our policlea should be free enough to allow for innovative development plans that am popular in other areas of the country, yet provide the protecdon necessary to reassure the property owner that prefers the classic suburban subdivision. 1 suggest looking st some of the buffer zones standards developed for the 1995 Zoning Ordinance (not adopted), as a possible guldeline for buffering betweea different land uses. by setting high standards for denser de veiopme,+ts and providing effective buffering tones between different waing categories, I believe we on address the concerns of some of our residents. One option might be to use a "dead" standard of density for zoning in Denton to allow for maximum flexibility, diversity of housing chokes with assurances that higher density developments are not built with less quality. We have a number of elements of the new comprehensive plan that ensure a higher standard of development. From the list below a developer can choose one or more b amenity as the density bcmasw down the scale, ! 1. I~ • alleys AU brick, rock or stucco construction • bermed, landscaped frontages on coUectors and arterials urban openspaces hike and bike paths • activity center a traffic Impact fees • etc. (this is open for additions and suggestions) SF 10 - straight zoning allowed SF 8 or above - 2 elements SF 6 and above - 3 elements SF S and above - 4 elements For muldfamU) developments we need to avoid the massive concentrations of developments that havt become such problems in the community by using the standards set in the 1988 Denton Development Plan. (see P. 29.30) Another strategy for dealing with growth might be to address the question of percentage of growth per year. Ile Denton Growth Management Plan makes some predictions, based on historical data, that indicates so roe years of very high growth ahead. From the citizen comments 1 have beard, this is a major area of comm. Again, the relationship be%,Veen growth and quality is the underlying Lune One plan for dealing with this is to have a 'tiered" set of standards that is tied to the growth rate. If we determine that a growth rate above 3% would 'Ave some negative consequences for the City and our ability to provide serAcm we could easily set a hlgher level of standards to act as a damper. If our growth rate were to drop below 3% then we might have a mechanism in place to allow for the quality standards to be relaxed a degree. In some citlej. they have set moratoriums when they have round that they can't keep up with development. A tiered set of standards that insured quality might have the same effect, withoat the negative perception. The interests of our current citizens would be protected, while m preventing developer from having the right to develop their land. r• 4 ~ r,~ L' AFET, 14 HANDOU1 TO COUNCIL T\U'S MAJOR OBJECTIONS TO ORDINANCE (Based on Comments Provided September 14. 1999) Section t• Inclusion of various fees charged to customers such as connection and reconnection fees, insufficient funds charges, restoration charges, temporary service fees, and ancillwry or unbundled electric services provided for City customers In the definition of "Electric Utility Service". Inclusion of sales of merchandise and revenues from transmission senice provided through the provider's local city system to other customers outside of the City in the definition of "Cross Revenues". Section I 06 Requirement of any franchisee to abide with the Ordinance. Desires to simply re°er to City Charter Section \III which gives general description of franchise requirements. A Requirement to file an application for a fr inchise and pay a S500 filing fee. Requirement that franchise payments increased or decreased by in annexation or contraction be revised within 60 days. •A Limitation of franchise agreement to 10 years (requested 20 years). section 1 •`r Requirement for quarterly franchise payments (requested annual pa)ments). } Provision that the franchise payment is exclusive of, and in addition to all other general municipal taxes such as ad valorem taxes, sales and use taxes, and special taxes and assessments for public improvements. A Ability of City to charge for pole attachments and charge Inspection fees, tiCetion 1V \ Is not willing to accept blanket requirement to install underground, at its expense, all electric if power distribution facilities within new residential subdivisions or commercial developments. Wishes to limit such obligations to "upon request and only as permitted by and in compliance with its approved tariffs". •'r Is not willing to accept the 0.5;0 overhead to underground conversion fee and program. •r Requirement to use best efforts to coordinate installation of new underground facilities with preexisting underground facilities of other companies. Requirement that spare conduits or pole space, not needed for future growth or emergencies, may be used by the City fir nun-commercial, governmental purposes. A- F r~„ i i Section S• Desires 7 days notice to complete restoration extended to 14 days. Requirement for $50,000 Provider's Security fund for use by the City Engineering Department to repair any defects caused by provider's construction projects. A Ability of City to impose charges for excavation- maintenance and restoration projects by TXU and requiring adequate security to assure proper planning, construction, inspection, completion and restoration of projects. i• Desires to have period for submitting proposed projects to the City for approval shortened from 30 days to 20 days. Requirement that the City be notified no later than the end of the next working day following the initiation of emergency repairs. 0 Requirement that the City be notified no later than the end of the next working day following a paving cut made as a part of an emergency repair, Requirement that off duty police officers be obtained to assist in maintenance of traffic flow if emergency work must be done during peak traffic periods on arterial streets. Requirement that work sites be cleaned up daily. City's ability to deny a permit for facilities within the public rights-of-way if it determines that there is insufficient space to accommodate the facilities, or if TXU, or its subcontractors, are not in compliance with existing City ordinances and standards or previously isued permits, Section VI Requirement to attach its %kires to poles of another entity or allow another entity to attach to its poles and/or to share trench space with other public utilities. Assignment of City Manager to resolve disputes over terms for such attachments. (Desires TXU to be the sole decision maker regarding such attachments or sharing of trench space) Requirement that overhead feeders must be "L,mless" construction and limited to no more than two vines per right-of-way. sciflon VII •b Wishes the City to pay to move TXU facilities located in the public rights-cf•way if required to accommodate location of any overhead or underground structure needed for a govemmcmal purpose (including water and wastewater lines). Section VIII Requirement to keep an up to date set of maps of its faciT ;on file with the City. Requirement to provide City records of the location of all it:. F cilities in the electronic i format specified by the City, iDesires to provide the data in the electronic format used by t, , TXU). l fr i { G section x Requirement that TXU maintain separate records sufficient for the City to easily audit its financial performance under the agreement. S• Objects to timing requirements for response to audit requests. Objects to requirement that TXU pay for an audit that revels an underpayment of fm in excess of (2%). + Objects ro annual requirement to provide the City with an estimate of TXU's revenues. + Wishes the interest for underpayment of franchise fee to be 6% rather than 10%. Objects to the 10% of underpayment penalty fee. Section Xl Objects to daily financial penalties for failure to comply with the operational provisions of the Ordinance. Section X11 Objects to having a specific definition of "material breach" of the Ordinance. Wishes to make any termination or the franchise agreement resulting from an undefined "material breach" subject to appeal to State District Court in Denton County. Section XVI Requirement that the Risk Manger of the City may review and approve insurance coverage. ti w t t- i~ SEPT. 14 MANnOUT Tt) C0181t:11. CO SERV'S MAJOR OBJECTIONS TO ORDINANCE (Based on Comments Provided September 14, 1499) Section Inclusion of various fees charged to customers such as connection and reconnection fees, Insufficient funds charges, restoration charges, temporary service fees, and ancillary or unbundled electric services provided for City customers in the definition of "Electric Utility Service". fi Inclusion of sales of merchandise and revenues from transmission scir ice provided through the provider's local city system to other customers outside of the City in the definition of "Gross Revenues". ct' .1 fi Requirement to file an application for a franchise and pay a $500 riling fee. Section III Ability of City to charge for pole attachments and charge inspection fees. Desires to cap the franchise fee to no more than that paid by other utilities rather than Oe method set out by SB 7 for those opting into customer choice on or after January 1, 2002. Section IV Does not want to be prevented from charging o developer for installation of underground electric service. 4, Desires to cap expenditures from the undergrounding fund to no more than 0.5% of the preceding calendar year's Gross Revenues. ••r Does not want to be required to provide any spare conduits for governmental use but will allow use of pole space. SA lion V Desires to limit the I'rocidci s Security Fund for use by the City Engineertrig Department to repair any defects caused by a provider's construction projects to SI 5,000 rather than the $50,000 proposed by the City. 1j Desires hours for work in public right-of-way to be expanded from 8 AM to 5 Plvf to 7 AM to 6 PM. Se, tton yt r A , 4, Assignment of city Manager to resolve disputes over terms for such attachments. ! ' \ (Desires to take such disputes to arbitration). v v Proposes a definition for "armless" construction. J) a 1 f 1 i f ~ Section VI I Desires to limit City ability to requirement movement of their facilities located in public rights-of-way to only requirements caused by water or wastewater pipes, gas pipe, or storm sewer. Section v Desires to narrow record keeping requirement to form sufficient to identify Gross Revenues. Does riot want to pay interest on underpayments less than 2%. •i• Does not want to pay 10% underpayment penalty unless the underpayment is in excess of 20%. Section X fi Wants a public hearing (with 30 days notice) to be held by the City Council to determine of the provider has failed to comply with operational or maintenance standards of the Ordinance. Wishes to maintain its right to appeal actions taken by the City as provided for by State law, including the Public Utility Regulatory Act of Texas. Section XI A If City determines a material breach of the Franchise agreement has occurs and wishes to terminate the agreement, desires to submit the matter to arbitration. ~ , i is c1 END OF FILE r t